REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
* * * *
2003-43 The
City Council convened in an info
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,
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,
Manager)
The Council members present
were: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert,
Haass, Garza . ABSENT: None.
The “B” Session adjourned at
– – –
2003-43 The
regular meeting was called to order at
– – –
2003-43 Invocation by Father Dennis Darilek,
Our Lady of
– – –
2003-43 Pledge of Allegiance to the flag of the
– – –
2003-43 CERTIFICATE OF
COMMENDATION: SHAWN MICHAELS
Mayor Ed Garza read a
Certificate of Commendation for Mr. Shawn Michaels, a celebrity in World
Wrestling Entertainment. Mayor Garza recognized Mr. Michaels for
single-handedly having organized a major fundraising initiative to benefit the
families of soldiers killed in
– – –
2003-43 DISTINGUISHED CITIZEN AWARD:
CLAYTON LILLARD
Mayor Garza recognized Mr. Clayton Lillard as one of
Mr. Lillard came forward
to accept the award and thanked the many citizens, volunteers, and in
particular to his mother, for their continued support in his cause.
– – –
2003-43 SPECIAL PRESENTATION:
Mayor Garza spoke of San Antonio Spurs capturing the
2002-2003 NBA Championship Title.
Mr. Rick Fish, Spurs News and Entertainment, spoke
in appreciation to the City Council’s support of the San Antonio Spurs
Basketball Team. As a token of their
appreciation, Mr. Fish donated to the City, a basketball signed by the Spurs
Basketball Team, the 2003 NBA Champions.
Mr. Fish also recognized Mr. Clayton Lillard on behalf of Spurs News and Entertainment, and presented
him with a gift of appreciation for his volunteerism.
– – –
POINT OF
PERSONAL PRIVILEGE
Councilman Perez congratulated Councilman Flores and
his wife on the birth of their new son, Marcos.
– – –
2003-43 The
Clerk read the following Ordinance:
PUBLIC HEARING AND ORDINANCE:
increasing the geographic area of Reinvestment Zone Number Eleven,
AN
ORDINANCE 98568
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.
* * * *
Councilman Williams made a motion to approve the proposed Ordinance. Councilman Flores seconded the motion.
Mr. David Garza, Director, Neighborhood Action Department, narrated a slide presentation on the Inner City Tax Increment Reinvestment Zone (TIRZ) Number 11. A copy of the presentation is one file with these papers. He discussed the proposed amendments that address the changes in the current boundaries of the Inner City TIRZ Number 11. He also discussed the related amendments and proposed boundary amendments previously approved. He outlined the background and chronology of events in the development of TIRZ Number 11. He identified priority projects as amended by the Inner City TIRZ Board. Mr. Garza spoke to State statute requirements for TIRZ Number 11 that include a public hearing prior to the consideration for any amendment to existing TIRZ Project Plans.
Councilwoman Radle made a motion to exclude the property that is being developed by Big Tex Projects. She provided a description of the particular property. Councilman Perez seconded the motion.
After consideration the amendment by Councilwoman Radle prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Haass, Garza. NAYS: None. ABSENT: Schubert.
After consideration, the motion as amended, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Haass, Garza. NAYS: None. ABSENT: Schubert.
– – –
2003-43 CONSENT AGENDA
Councilman Perez made a motion to approve Agenda
Items 7 through 60K, constituting the Consent Agenda, except for Items 7, 15,
20, 22, 24, 25, 26, 30, 31, 38, 41, 44, 45A, 45B, 51, 57, and 59 which were pulled for individual
consideration. Councilman Haass seconded the motion.
After consideration, the motion, carrying with it
the passage of the following Ordinances, prevailed by the following vote: AYES:
Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert,
Haass, Garza. NAYS: None. ABSENT: None
– – –
AN
ORDINANCE 98569
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.
* * * *
AN ORDINANCE 98570
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.
* * * *
AN
ORDINANCE 98571
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.
* * * *
AN
ORDINANCE 98572
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 (SAWS) in the
amount of $511.22 for a total amount of $4,647.97; revising the project budget;
appropriating funds; and providing for payment.
* * * *
AN ORDINANCE 98573
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.
* * * *
AN
ORDINANCE 98574
amending a professional services contract and authorizing additional funds in the amount not to exceed $5,515.00 from 1987 G.O. Drainage Improvement Bonds payable to Pape-Dawson Engineers, Inc. for professional 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.
* * * *
AN
ORDINANCE 98575
amending
a professional services contract and authorizing additional funds from
Area
Street Improvements Project, located in Council District 1; revising the
project budget; appropriating funds; and providing for payment.
* * * *
AN ORDINANCE 98576
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.
* * * *
AN
ORDINANCE 98577
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.
* * * *
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.
* * * *
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.
* * * *
AN ORDINANCE 98580
releasing
certain parcels located along the north right-of-way line of
* * * *
AN
ORDINANCE 98581
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.
* * * *
AN ORDINANCE 98582
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.
* * * *
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.
* * * *
AN
ORDINANCE 98584
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
* * * *
AN
ORDINANCE 98585
authorizing
the City Manager to submit two Grant applications on behalf of the greater
kelly development authority (“GKDA”) and the brooks development
authority(“BDA”) to the texas military Preparedness Commission (“TMPC”), 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 renovation of
facilities utility infrastructure improvements; and authorizing the city
manager to (1)accept any award of DEAAG funds from the state up to $400,00,00;
(2) Execute necessary Grant agreements with the state for any grant funds
awarded to the city; and (3) enter into
separate subgrant agreements with gkda and bda for the distribution of grant
funds and the performance and completion of the grant projects.
* * * *
AN
ORDINANCE 98586
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.
* * * *
AN
ORDINANCE 98587
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 Pentacel,(
a vaccine that prevents five childhood diseases; establishing a fund; adopting
the project budget; approving the personnel complement; and authorizing
payments for contractual services.
* * * *
AN
ORDINANCE 98588
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.
* * * *
AN
ORDINANCE 98589
authorizing
the acceptance of $232,350.00 from the Texas Department of Health (tdh) to
support the ongoing AIDS Prevention and Surveillance Program of the San Antonio Metropolitan Health District for the period
* * * *
AN
ORDINANCE 98590
authorizing
the acceptance of $55,022.00 from the Texas Department of Health (TDH) to
increase support for the ongoing AIDS Surveillance Program of the San Antonio Metropolitan Health District for the period
* * * *
AN
ORDINANCE 98591
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.
* * * *
AN
ORDINANCE 98592
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.
* * * *
AN
ORDINANCE 98593
authorizing
payment in the amount of $8,187.37 to City Public Service for the installation
of the required electrical service in connection with the Carver Community
Cultural
* * * *
AN
ORDINANCE 98594
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.
* * * *
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.
* * * *
AN ORDINANCE 98596
ratifying
the submission of a grant application and authorizing the acceptance of a continuation grant
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.
* * * *
AN ORDINANCE 98597
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.
* * * *
AN
ORDINANCE 98598
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
* * * *
AN
ORDINANCE 98599
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.
* * * *
AN
ORDINANCE 98600
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.
* *
* *
AN
ORDINANCE 98601
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 $30,815.70 to the Bexar County
District Attorney’s Office.
* * * *
AN
ORDINANCE 98602
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.
* * * *
AN ORDINANCE 98603
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.
* * * *
AN
ORDINANCE 98604
Ordinance
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 an In-Kind match $17,159.00.
* * * *
AN
ORDINANCE 98605
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.
* * * *
AN ORDINANCE 98606
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
* * * *
AN
ORDINANCE 98607
reappointing Woodruff Halsey (Patron Category
– District 8) to the Arts and Cultural Advisory Committee for a term of office
to expire on
* * * *
AN
ORDINANCE 98608
appointing Dr. Harold Lee Timboe (Technology/Research Category –
District 4) to the Brooks Development Authority for a term of office to expire
on
* * * *
AN
ORDINANCE 98609
appointing Judge Andy Mireles (District 7) to the Commission for
Children and Families for a term of office to expire on
* * * *
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
* * * *
AN
ORDINANCE 98611
appointing Xavier E. Gonzalez (Business Category – District 8) to
the Historic Design and Review Commission for a term of office to expire on
* * * *
AN ORDINANCE 98612
reappointing Eddie De La Garza (District 7) to the Housing Trust
Fund Board of Trustees for A term of office to expire on
* * * *
AN ORDINANCE 98613
appointing Lorita C. Daniels (District 8) to Keep
* * * *
AN ORDINANCE 98614
appointing
Marlin Sawyer (Mayor) to the Open Space Advisory Board for a term of office to
expire on
* * * *
AN ORDINANCE 98615
appointing George L. Britton, Jr. (District 4) to the City of
* * * *
AN ORDINANCE 98616
appointing
Roger Enriquez (District 5) and Darryl Lyons (Mayor) and reappointing Fred A.
Rangel (District 7) as Trustees to the
* * * *
AN ORDINANCE 98617
appointing Dr. Morris Stribling (District 8) to the Zoning
Commission for a term of office to expire on
* * * *
_ _ _
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98618
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 and 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.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Haass seconded the motion.
In response to Councilman Perez regarding diesel fuel, Ms. Janie Cantu, Purchasing Department Director, stated the diesel fuel is the same type to be utilized by two different types of tanks.
In response to Councilman
Schubert, Ms. Cantu stated it is a competitive low bid process utilized to dete
In response to Councilman Schubert regarding dollar differences on discounts, Ms. Cantu stated the parts discount is between 35% and 38% totaling $12,000.
Discussion between Councilman Schubert and Ms. Cantu ensued on other aspects of the contract specifications.
The following citizen(s) appeared to speak:
Mr. Roberto S. Gonzales, Vice President, Advanced First Auto & Collision Centers, requested consideration of his business for future bids on collision repairs on Ford and Chrysler model vehicles.
Ms. Oralia
Gonzales, President, Advanced First Auto & Collision Centers, also
requested consideration of her business for future contracts with the City of
Mr. Cesar Moreno, General Manager, Advanced First Auto & Collision Centers, reiterated the request for consideration for future contracts.
* * * *
After consideration, the motion, carrying with it
the passage of the Ordinance, prevailed by the following vote: AYES: Flores,
Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: None.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98619
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.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Flores seconded the motion.
In response to Councilman Perez
regarding the contractor’s perfo
In response to Councilman Castro regarding San Antonio Water System’s (SAWS) role in the project, Mr. Wendorf stated that through collaborative efforts, SAWS will cover those costs for items directly attributable to the facilities such as removal, new construction or by-pass alternate service. Mr. Wendorf noted he would provide a historical breakdown on those projects where SAWS covered partial expenses.
In response to Councilman Flores regarding miscellaneous construction contingency expenses, Mr. Wendorf explained that those expenses for unknowns encountered as the project proceeds. He identified those items as additional sidewalks, additional pavement to tie-in the project or other infrastructure that pertains to the plan preparation. Mr. Wendorf stated he would provide a general report of the percentage of contingency money that has been drawn in a year’s time.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Garza. NAYS: None. ABSENT: Schubert, Haass.
– – –
2003-43 POINT OF PERSONAL PRIVILEGE
Councilman Williams
recognized Mr. David Arevalo and requested that he be
allowed to speak.
Mr. David Arevalo, Residents Organized for a Safe Environment, spoke
to his objection to Item #18 where the low bid was for $675,000 versus the $1
million that the City intends to pay for the project.
Mr. Tom Wendorf explained
that the base bid was for $675,000 and accompanying alternates brought the
total to $762,000. He further explained
that $64,000 is ea
Mr. Mike Abington, Director
of the Alamodome, stated the selected contractor was the lowest bidder that
provided the most impact for the monies available. He stated it is still the lowest bid process,
and that these bids were conducted in conjunction with the established policies
to include the architectural and engineering services.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98620
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.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Segovia seconded the motion.
In response to Councilman Perez regarding the status of the easements, Mr. Tom Wendorf, Director of Public Works, stated that the easement goes through the golf course, and that the owner would maintain the easements on a much more frequent basis than what the City typically schedules.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Garza. NAYS: None. ABSENT: Schubert, Haass.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98621
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.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Segovia seconded the motion.
In response to Councilman Perez,
Mr. Kevin Dolliole, Director of Aviation, stated that the agreement is for a
short te
After consideration, the motion,
carrying with it the passage of the Ordinance, prevailed by the following vote:
AYES: Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT:
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98622
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.
* * * *
Councilman Williams made a motion to approve the proposed Ordinance. Councilman Haass seconded the motion.
In response to Councilman Hall,
Ms. Rebecca Waldman, Director of Asset Management, explained the Intrajurisdictional Agreement between the City of
Ms. Jelynn
Burley,
After consideration, the motion,
carrying with it the passage of the Ordinance, prevailed by the following vote:
AYES: Flores, Williams, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT:
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98623
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.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Flores seconded the motion.
In response to Councilman Schubert regarding costs to the City, Ms. Rebecca Waldman, Director of Asset Management, explained that in exchange to extend the completion date, the City requested twenty-five rent free days. She further explained that the City will pay for any charges associated during that time, i.e., security. She also noted that in cases of casualty or condemnation, the agreement stipulates how any proceeds will be spent.
After consideration, the motion,
carrying with it the passage of the Ordinance, prevailed by the following vote:
AYES: Flores, Williams, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT:
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98624
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.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Flores seconded the motion.
In response to Councilman Schubert regarding the parameters for the matching funds, Ms. Rebecca Waldman, Director of Asset Management, stated that this is a one-time agreement in which the funds will be collected, and then the City will match those funds. She noted that the agreement is for those expenses associated with the opening of the museum for administrative and operational costs. She further noted the City will require documentation that the money is available and that those funds are not designated for anything else.
After consideration, the motion,
carrying with it the passage of the Ordinance, prevailed by the following vote:
AYES: Flores, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: Williams,
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98625
te
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Haass seconded the motion.
After consideration, the motion,
carrying with it the passage of the Ordinance, prevailed by the following vote:
AYES: Flores, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: Williams,
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98626
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.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Flores seconded the motion.
In response to Councilman Hall regarding assignment of the tax abatement, Mr. Ramiro Cavazos, Director, Economic Development Department, stated that the abatement has been active since 1996, and the request is to make the assignment to the new owner. He also stated that the current guidelines excluded hotels from qualifying for tax abatements unless there was an exceptional investment, and that presently hotels are not under the tax abatement program.
In response to Councilman Flores
regarding the te
Councilman Flores spoke to his concerns regarding the tax abatement guidelines that will be addressed in the future. He stressed the importance of utilizing these tools, but added it is bad policy to change those that had been policy before. He added that due to heightened alertness to this subject, many questions will be raised related to what was done in the past, and how tax abatements will be used in the future.
In response to Councilman Schubert with regards to the assignment process, Mr. Cavazos stated that the contract requires that the City be officially notified in writing regarding a request for an assignment of an existing agreement that has been approved to a new owner. He gave an example with American Airlines where the process was not followed and the abatement did not continue. He reiterated the purpose of the ordinance is to continue an existing agreement for a business that has meet all their obligations. He noted the existing guidelines have the necessary provisions for enforcement.
In response to Councilman Castro regarding the purchaser, Mr. Cavazos stated the name of the company is Morgan, Stanley and Pyramid Acquisition, and the purchase is predicated upon the approval of the assignment to the new owner in order to continue the abatement that has been approved by City Council. He further stated the remaining amount of taxes to be abated by the City would be $117,000 per year.
Discussion ensued between Councilman Castro and Mr. Cavazos regarding the issue of a timeline for actual fall back provisions.
Councilman Castro stated his concerns with regards to an analysis that should be focused on the entities to whom the abatement is assigned and whether they can meet the criteria or not. He added that he would take a different position from his colleagues to expect more and perhaps add to what is presently being done. He further added he would prefer to give due diligence on the new companies and whether or not they would be able to meet the qualifications.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: None.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98627
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.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Hall seconded the motion.
In response to Councilman Perez
regarding allocation, Mr. Aubrey George, Acting Library Director, stated that
the allocation will be to all libraries throughout the City. He also stated that a needs assessment is
currently being conducted to dete
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: None.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98628
authorizing the execution of a professional
services contract between the City of
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Haass seconded the motion.
In response to Councilman Perez regarding the collection of fees, Mr. Trey Jacobson, Assistant Director, Economic Development Department, explained that the Free Trade Alliance would be providing assistance with invoicing and overall administration services to collect those fees.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: None.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98629
authorizing the submission of a grant
application by the City of
* * * *
Councilman William made a motion to approve the proposed Ordinance. Councilman Segovia seconded the motion.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Williams, Segovia, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: Flores, Perez.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98630
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.
* * * *
Councilman Segovia made a motion to approve the proposed Ordinance. Councilman Williams seconded the motion.
Councilman Segovia called forward Mr. Rey Lopez, Board Member of the Greater San Antonio Crime Prevention Commission, who read a Resolution by the Commission in support of a federal grant towards preventing juvenile crime and early intervention.
After consideration, the motion,
carrying with it the passage of the Ordinance, prevailed by the following vote:
AYES: Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT:
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98631
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
continuation of 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.
* * * *
Councilman Hall made a motion to approve the proposed Ordinance. Councilman Haass seconded the motion.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: None.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98632
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.
* * * *
Councilman Hall made a motion to approve the proposed Ordinance. Councilman Castro seconded the motion.
In response to Councilman Hall, Fire Chief Robert Ojeda explained the specifics of the process that allows the City Council to approve an extension of Line of Duty (LOD) leave. Chief Ojeda also explained that the longest extension period that has been approved is generally for one year, and the number of such requests has been minimal during his ten years as Fire Chief.
In response to Councilman Perez regarding used sick leave, Chief Ojeda reiterated the purpose of the ordinance and stated this is not accrued leave, but rather it is LOD leave that is granted to the employee for injuries sustained in the line of duty. Chief Ojeda stated the LOD leave is provided under Section 143 of the Local Government Code for Policemen and Firemen.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: None.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98633
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.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Hall seconded the motion.
In response to Councilman Perez, Police Chief Albert Ortiz stated the intent of the ordinance is to offset the maintenance costs for the increase usage by other law enforcement agencies and retirees. He stated he would provide a copy of the budget to Councilman Perez.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: None.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98634
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 (3)-year renewal option, subject to City Council approval.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Hall seconded the motion.
In response to Councilman Perez regarding the proposed net revenues, Mr. Mike Abington, Alamodome Director, explained the intent of the proposed ordinance. He gave examples of the convenience charges imposed by other venues for various events, and stated that the maximum convenience charge under this agreement at the Alamodome is $6.25 depending on the price of a ticket. He noted that there are no additional charges for tickets purchased at the Alamodome box office.
Councilman Perez reiterated his concern regarding the increase in fee charges from $3.00 to $3.75.
In response to Councilman Hall
regarding the incentive for Ticketmaster, Mr.
Abington stated that Ticketmaster plans to increase
their convenience charges approximately one-quarter a year. He added that the City of
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed
by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Hall, Haass, Garza. NAYS: None. ABSENT: Castro, Schubert.
– – –
2003-43 PUBLIC HEARING AND ORDINANCE: STORM WATER UTILITY FEE INCREASE:
Mayor Garza declared the Public Hearing to be open.
Mr. Tom Wendorf, Director of
Public Works Department, narrated a slide presentation on increasing the
monthly sto
The following citizen(s) appeared to speak:
Mr. Nazirite Ruben Flores Perez,
(Mayor Garza was obliged to leave the meeting at 3:31 P.M. Mayor Pro-Tem Williams presided.)
Mr. Jody Sherrill, 8503 Knights
Knoll, Chai
Mayor Pro-Tem Williams closed the Public Hearing.
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98635
INCREASING THE MONTHLY STORM WATER FEE BY AN AVERAGE OF 3.36% 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.
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Hall seconded the motion.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Hall, Schubert, NAYS: None. ABSENT: Castro, Haass, Garza.
– – –
2003-43 STAFF BRIEFING ON THE CURRENT STATUS OF
TRANSPORTATION ISSUES IN
(Mayor Garza returned to the
meeting to preside at
Mr. Tom Wendorf,
Director of Public Works, narrated a slide presentation on the update on
Transportation agencies, projects, issues and funding to
(Mayor Garza was obliged to leave
the meeting at
Councilman Castro spoke regarding
the issue of maintaining the relatively low congestion in
(Mayor Garza returned to the
meeting and presided at
In response to Councilman Hall regarding the effects of reduced funding, Mr. Wendorf stated that generally, the State has had significant budget constraints with regards to transportation. He expounded on the 911 terrorist act that caused the public to stop traveling, a dip in the economy, and decreased nation-wide fuel tax revenues. He further stated the State has had to look at new ways to finance projects, and local governments will need to provide more money for matching funds.
Discussion ensued between
Councilman Hall and Mr. Jason Cosby, Assistant Director of Public Works
Department, regarding truck lane restrictions.
Mr. Cosby stated that it is anticipated that restrictions will become pe
Mayor Garza spoke to the local,
regional, State and Federal transportation needs, and about creative alternatives to
manage priorities for
In response to Councilman Perez regarding the next steps, Mr. Wendorf stated that plans are to continue dialogue with the City Council to establish a strategic plan that will approach transportation issues and focus on critical areas.
Ms. Terry M. Brechtel, City Manager, suggested presenting the issue before the Quality of Life Committee. She reiterated the intent of the presentation was to make the City Council aware of the funding sources, and to also set the motion in place for a unified vision and to continue dialogue with the City Council. She stated that findings by the Quality of Life Committee will be brought forward to the City Council at a “B” Session in order to draw a resolution by the City Council and move forward with a strategic plan.
Discussion ensued between Councilman Williams and Mr. Wendorf regarding the partnership with the various transportation agencies to develop an optimum transportation system. Mr. Wendorf gave his perspectives regarding the funding alternatives, the goals for the local transportation system, and of the impact new dual fuel vehicles may have on the gasoline tax.
In response to Councilman
Schubert regarding start and finish dates for certain projects, Mr. Wendorf
stated that due to budget constraints, there will be those types of issues that
will have to be identified. He discussed
the road toll concept as a source of funding in the future, but noted the
likelihood of no short-te
In response to Councilman Barrera
regarding VIA Metropolitan Transit (VIA), Ms. Priscilla Ingle, VIA
Representative, stated that VIA has initiated several programs to increase ridership, improve bus service and promote mass
transit. She also stated that the
Councilman Barrera stated that
the transition for people to change their habits of using their personal
vehicles and begin to take advantage of urban transportation, will be an
educational process and a long te
Councilwoman Radle concurred with Councilman Barrera, and cited the need for sensitivity to seniors with regard to urban transportation.
The City Council thanked Mr. Wendorf for his presentation.
– – –
2003-43 The Clerk read a proposed Ordinance
amending the city of
Councilman Hall made a motion to postpone the proposed Ordinance. Councilman Segovia seconded the motion.
After consideration, the motion
to postpone the proposed Ordinance until
Item #70 was postponed until
– – –
2003-43 The Clerk read the proposed Ordinance
adopting revised tax phase-in guidelines for the City of
Councilman Hall made a motion to postpone the proposed Ordinance. Councilman Segovia seconded the motion.
After consideration, the motion
to postpone the proposed Ordinance until
Item # 71 was postponed until
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98636
authorizing
the execution of an Amended and Restated Funding Contract with Guadalupe
Cultural
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilwoman Radle seconded the motion.
Ms. Rebecca Waldman, Director, Asset Management Department, gave a presentation on the amendment to Guadalupe Cultural Arts Center (GCAC) funding agreement. A copy of the presentation is on file with these papers. She discussed the background, and itemized the revised project in Building 1 and Building 2. She pointed out the funding agreement that was executed in 2000 would be modified. She stated the fiscal impact involves no new funding and provides for the $1.5M in previously approved 1994 and1999 bonds.
Councilwoman Radle noted that the
actual building to be renovated will be Building #4 and
In response to
Councilwoman Radle, Ms. Maria Elena Torralva,
Executive Director of
The following citizen(s) appeared to speak:
Dr. Parker Sheadman, thanked the City
Council for bringing Toyota Manufacturing jobs to the City that will generate
the economy, provide benefits and maintain
Mr. Nazirite Ruben Flores Perez, 627 Hearne, spoke to bible verses that refer to trees.
Mr. Faris Hodge, 140 Dora, spoke in regard to the need for City staff to be integrated. He also provided a slide presentation regarding wrongful incarceration.
Mr. Alex Guzman, President of the
San Antonio Professional Firefighters, spoke regarding the difficulties
experienced by City employees when dealing with Employee Benefit Administrators
(EBA), the City’s health benefits administrators. Mr. Guzman stated that earlier meetings with
staff brought temporary relief from problems such as slow payments of claims,
no payments, busy phone lines and miscalculations. He further stated that the problems have not
been pe
In response to Mayor Garza regarding the status of an investigation into some of the issues presented by Mr. Guzman, Ms. Melissa Vossmer, Assistant City Manager, stated that staff had outlined a plan after lengthy dialogue with EBA. She noted that until that plan goes into effect in 2004, the City must continue to work with EBA. She further noted that staff will continue to seek relief for City employees in an effort to reduce problems with their benefit claims.
Mayor Garza directed staff to set
up a meeting before the holidays to dete
Mr. Nick Pena, Fiesta Market
Square, Inc., congratulated Mayor Garza on his
election as President of the Hispanic Elected Officials. He spoke in opposition to the audit conducted
on the Fiesta Del Mercado Celebration by the City Auditor, Ms. Pat Major, and
subsequent management of the event by the San Antonio Parks Foundation. Mr.
Pena stated that if any negative findings are dete
Mr. Jaime Herrejon, Fiesta Market Square, Inc., asked for the opportunity to respond to any and all allegations as a result of the City audit.
Ms. Angie Garcia, Fiesta Market Square, Inc., spoke regarding her concerns as a stake
holder
in the
Ms. Patricia Horsfor, President, Fiesta Market Square Inc., stated that the organization has not had the opportunity to respond to any of the allegations in the City’s audit. She requested that the City Council pull Item 72 and allow Fiesta Market Square Inc., to set the record straight.
Ms. Delia Guajardo, Chai
In response to Councilman Hall regarding a contract, Ms. Patricia Horsford clarified that that the contract expired in April, 2003 and that currently, there is no existing contract.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Castro, Hall, Schubert, Garza. NAYS: None. ABSENT: Haass.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98637
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 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.
* * * *
Councilman Segovia made a motion to approve the proposed Ordinance. Councilman Williams seconded the motion.
(Mayor Garza was obliged to leave the meeting at 5:45 P.M. Mayor Pro Tem Williams presided.)
Dr. Fernando Guerra, Director,
San Antonio Metropolitan Health District, narrated a slide presentation on the
ordinance to amend Chapter 36, and subsequent implementation plan and
timeline. A copy of the presentation is
on file with these papers. He noted
prior discussions related to the smoking ordinance and relative background to
amend Chapter 36 of the City Code that prohibits smoking in most public
places. He stated a $50.00 fee has been
authorized to cover staff and program expenses associated to insure that
establishments are in compliance with the City Code. He further stated that the
changes become effective on
In response to Councilman Schubert regarding notification, Mr. Sam Sanchez, Environmental Health Administrator, stated that several direct communications were made to every licensed restaurant in the City. He described those areas where signs will be required within the establishments. He further added the City signs will be available for $3 each.
In response to Councilman Schubert regarding a compliance time line, Mr. Sanchez stated some establishments are already in compliance, and some have decided to go smoke-free. He added that it may take a couple of months for other restaurants who will have to reconfigure their establishment, and that the Health District understands it may take anywhere from 90 to 120 days until all restaurants are in compliance.
In response to Councilman Williams regarding status of health inspectors, Dr. Guerra stated that considering the number of inspections, and the frequency of follow-up visits, the Health Department has experienced its share of personnel vacancies.
2003-43
POINT OF
PERSONAL PRIVILEGE
Ms. Terry Brechtel, City Manager, spoke regarding Mr. Frank Blalock, Assistant Director
of the
Metropolitan Health District, who will be retiring at the end of the
month. She thanked him on behalf of the
citizens of
Discussion between Councilman
Castro and Dr. Guerra continued regarding the one-time $50 inspection fee. Councilman Castro added that while the fee is
a compromise, he stated that the City should maintain its commitment to inspect
these restaurants and insure compliance in order to move forward, and provide a
beneficial impact to
In response to Councilman Hall, Dr. Guerra stated that the fee is not charged to every restaurant, but only to those that are not smoke-free.
In response to Councilman Barrera, Mr. Sanchez described the timeline for the implementation plan, and estimated that it will take two to three months for those restaurants that will have a smoking area, to be in full compliance.
(Mayor Garza returned to the
meeting at
In response to Councilman Segovia
regarding the process for enforcement of violations, Dr. Guerra explained that
staff will be giving restaurants the opportunity to come into compliance,
without taking any aggressive action. He
added that the staff is trained to initially info
Mr. Sanchez stated the citation will have a fee from $200 to $2,000. He further noted that if violations continue, the establishment may have its licensed suspended or revoked.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Williams, Segovia, Radle, Barrera, Castro, Hall, Haass, Garza. NAYS: Flores, Perez ABSENT: Schubert.
– – –
2003-43 The Clerk read the proposed Ordinance:
Appointing six
part-time municipal court judges to two year te
* * * *
Mr. Andrew Martin, City Attorney, gave a presentation on the appointment of part-time Municipal Court Judges. A copy of the presentation is on file with these papers. He discussed the selection process beginning with a review of applications by the Quality of Life Committee. He stated that there are currently five budgeted vacant part time judge position and a sixth vacancy created by a recent resignation. He named the six individuals as recommended by the committee to fill the positions.
Councilman Flores called forward Judge Alfredo Tavera, who spoke regarding the number of vacant budgeted part-time Municipal Court judges.
Discussion ensued between Councilman Flores and Mr. Martin regarding clarification on the number of available slots to fill.
Councilman Flores made a motion to postpone the appointments until the next meeting in order for the Subcommittee to decide on the seventh candidate that would bring the total number of appointed judges to twelve.
Discussion continued regarding clarification on whether to continue appointing the six candidates and appointing the seventh judge at a later date.
Councilman Flores expressed his
concern regarding the staggered te
Judge Tavera noted his concerns were in maintaining a staff during the holiday season, and further noted that the appointments would not be effective until after the new year.
Mr. Martin stated that the decision was ultimately the City Council’s choice to conduct the appointments as deemed necessary.
Councilman Flores reiterated his
motion to appoint all part-time judges on
Mayor Garza stated for clarification that the six individuals who were nominated would remain for consideration at the next City Council meeting, along with the seventh individual to be recommended to the Council.
Councilman Flores made a motion to approve the proposed amendment to the Ordinance. Councilman Hall seconded the motion.
After consideration the motion by
Councilman Flores postponing the Ordinance until
After consideration, the main motion as amended prevailed by the following vote: AYES: Flores, Williams, Segovia, Barrera, Hall, Haass, Garza. NAYS: Schubert. ABSENT: Radle, Castro.
Item #64 was postponed to
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98638
amending Chapter 20 of the City Code of
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Flores seconded the motion.
* * * *
Mr. Andrew Martin, City Attorney,
made a slide presentation amending Sec. 20-5 of the City Code. A copy of the presentation is on file with
these papers. He stated that the City Charter provides
that whenever a judge, who is appointed for a fixed te
In response to Councilman Flores, Mr. Martin stated this action is unrelated, and has no effect, to the Municipal Court judge appointments that are to be made at the next City Council meeting.
After consideration, the motion, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez, Radle, Barrera, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: Castro.
– – –
2003-43 The Clerk read the following Ordinance:
AN ORDINANCE 98639
ADOPTING VARIOUS AMENDMENTS AND
REVISIONS TO THE LOBBYING PROVISIONS OF THE CITY OF
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Segovia seconded the motion.
Ms. Helen Valkavich, City
Attorney’s Office, gave a presentation on the Ethics Code Lobbyist Revisions as
recommended by the Mayor’s Committee on Integrity and Trust in Local Government
and the Ethics Review Board. A copy of the presentation is on file with these
papers. Ms. Valkavich reviewed the te
The following citizen(s) appeared to speak:
Ms. Martha Mangum, Executive Director, Real Estate Council, 8706 Lockway, spoke on behalf of several business organizations regarding their concerns in changing the definition of municipal question. Ms. Mangum stated that several business organizations are in support of a strong ethics ordinance, but sees no need to change the definition of municipal question for platting and zoning. She provided copies of a letter from these businesses to the City Council in which recommendations were given in relation to the definition of a lobbyist. She noted her concern over the $1,000 registration fee and stated it is one of the highest rates in the State. She requested clarifying the language in the Ethics Code as to who has to register as a lobbyist.
Ms. Robin Locke, Board of
Realtors, stated that the current language does not include day-to-day
application, administration or execution of city programs and policies such as
pe
In response to Mayor Garza, Ms. Valkavich discussed the issue of how the definition of municipal question is addressed in the Ethics Code and how it is incorporated into the Ethics Ordinance. She stated that in order to be subjected to the registration requirement, an individual has to be compensated in connection with the lobbying activity. She provided other examples to define a lobbyist.
Mayor Garza recommended that Ms. Valkavich conduct future presentations to the Board of Realtors and to the Real Estate Council in an effort to clarify the issue. He stated that the recommendation by the Mayor’s Committee on Integrity and Trust as it relates to the zoning process, is a consistent effort towards defining municipal question.
In response to Councilman Perez
regarding the letter submitted by Ms. Mangum, Mr. Andrew Martin addressed the
five recommendations submitted by the Real Estate Council. He stated the ordinance and subsequent
amendments are intended to work closely with the public to dete
In response to Councilman Perez regarding incorporating four of the five recommendations into the ethics ordinance, Mr. Martin stated that after a thorough review, the issue can be brought back to the City Council in January.
Councilman Castro stated that he concurs with Mayor Garza that the recommendations submitted by the Mayor’s Committee on Integrity and Trust will provide a positive and necessary improvement to the ethics ordinance. He encouraged the Office of the City Attorney to draft a document in the future that will give more direction and peace of mind to individuals when contacting City officials in the course of their work. He stated he would support the recommended language.
Discussion ensued on clarification and mechanism controls for those who are lobbyists.
In response to Mayor Garza with
regard to articulating the intent of the ordinance, Mr. Art Downey, Chai
Councilman Radle spoke in support of the Ethics Code revisions, and added that if the examples were drawn up as an attachment by the City Attorney’s Office, they could be of assistance to the public.
Councilman Williams stated that he would not be supporting this ordinance in its current shape or any examples. He added that if examples are necessary, the standard is not clear.
Councilman Schubert stated he had no question as to who was a lobbyist at City Hall. He also expressed his concern that Mr. Downey had stated that three out of five examples in the aforementioned letter were incorrect. Councilman Schubert stated that he would vote against the item if someone could advise him of the issues with the definitions, or how they would view examples 1, 2, 4 and 5 as lobbyist.
Discussion ensued between Councilman Schubert and Ms. Valkavich regarding scenarios pertaining to the issues of compensation. Ms. Valkavich provided an interpretation and clarification of “compensation”.
In response to Councilman Schubert, Mr. Downey gave an explanation of his opinion on the aforementioned examples. Mr. Downey stated that upon his first review, he disagreed with example number two, but would be willing to review the list a second time. He added that the Ethics Code cannot be explicit in every detail, and that interpretations are made based on facts that are presented at the time of the complaint. He further added that each case is looked at individually.
Discussion continued between Councilman Schubert and Ms. Valkavich as she clarified what specific situations qualify as legitimate lobbying contacts.
In response to Councilman
Schubert, Ms. Valkavich provided info
Councilman Barrera stated that
while he sees a public demand for examples, the possibility exists of
inadvertently omitting info
Councilman Castro stated there
are seventeen people registered at lobbyist, and added that the intent of the
ordinance is to dete
In response to Mayor Garza, Mr.
Martin recommended against the amendment given by Councilman Castro because it
had not been posted. He added that it is
an issue that can be brought back on
Mayor Garza clarified Councilman
Castro’s request to reduce the amount of the fee from $1,000.00 to $100.00 as a
direction to staff for consideration on
Councilwoman Radle stated that she supports the consideration of drastically reducing the amount of the registration fee in order to encourage people to come forward about their position as lobbyists, and not be discouraged of registering because of the $1,000.00 fee.
Councilman Hall stated that the amount of administrative costs required for the process is a major factor in the amount of the imposed fee.
Councilman Schubert stated the issue is for a true definition of a lobbyist. He further added that the City Attorney’s Office has provided a very good definition of a lobbyist, and if the ordinance is approved, the City will have an interpretation of the Code under that definition.
In response to Councilman Schubert,
Ms. Valkavich stated that individuals or businesses, who are doing business
with the City and contacting public officials should be aware of the law, and
make a dete
After consideration, the motion,
carrying with it the passage of the Ordinance, prevailed by the following vote:
AYES: Flores, Perez, Radle, Barrera, Castro, Hall, Schubert, Haass, Garza. NAYS: Williams,
– – –
2003-43 The Clerk read the following Ordinance:
accepting
the recommendation of the Ethics Review Board to find William C. Smith in
violation of the City of
* * * *
Councilman Perez made a motion to approve the
proposed Ordinance. Councilman Flores seconded the motion.
Mr. Art Downey, Chai
After consideration, the motion, carrying with it
the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez,
Radle, Barrera, Castro, Hall, Haass, Garza. NAYS: None. ABSENT: Schubert.
– – –
2003-43
The Clerk read the following Ordinance:
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.
* * * *
Mr. Benjamin Youngblood, Vice Chai
Councilman Perez made a motion to approve the
proposed Ordinance. Councilman Segovia seconded the motion.
After consideration, the motion, carrying with it
the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez,
Castro, Schubert, Haass, Garza. NAYS: None. ABSENT:
Radle, Barrera, Hall.
– – –
2003-43
The Clerk then read the following Resolution:
NO. 2003-43-35
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.
Councilman Perez made a
motion to approve the proposed Ordinance. Councilman Hall seconded the motion.
Mr. Ramiro Cavazos, Director, Economic Development
Department, narrated a powerpoint
presentation, a copy of which is on file with these papers. Mr. Cavazos discussed the intent of the
proposed ordinance that will increase the Greater Kelly Development Authority’s
(GKDA) borrowing authority and to expand the categories of the GKDA’s debt instruments. He outlined the background which
included the implementation of Phase II development at Kelly USA, which
requires additional borrowing capacity to accommodate the market demand for
facilities and infrastructures created by new and existing tenants. Mr. Cavazos outlined GKDA’S current and
requested borrowing authority. He
itemized GKDA’s funding requirements and requested
debt instruments. He discussed the HUD
Section 108 Commitment Letter and Loan Agreement, and related loan chronology,
te
After consideration, the motion, carrying with it
the passage of the Resolution, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez,
Radle, Barrera, Hall, Schubert, Garza. NAYS: None. ABSENT: Castro, Haass.
– – –
2003-43
The Clerk read the following Ordinance:
* * * *
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Hall seconded the motion.
Mr. Malcolm Matthews, Director of Parks and
Recreation Department, narrated a slide presentation on the selection of the
San Antonio Parks Foundation to operate the 2004 Fiesta Event in
The following citizen(s) appeared to speak:
Ms. Patricia Horsfor,
Fiesta Market Square, Inc. (FMSI) spoke on behalf of the organization’s efforts
to negotiate
with the City to extend the lease contract for the operation of the Fiesta Del
Mercado festival. She referred to the
City Code to demonstrate the process the organization attempted to follow for
compliance to the contract te
In response to Councilman Segovia, Ms. Horsford stated she communicated with the Market Square
City Staff, Jesse Moreno and Blanche Mendoza.
She also stated that the FMSI is a non profit organization whose
contract calls for a 501 designation, but actually maintains a 501C6 designation.
Ms. Angie Garcia, stated
that there is currently no contract, and that there has to be an open bid
process to award a contract.
Mr. Walter Serna, Attorney for the Fiesta Market
Square, Inc., said the City Auditor’s office has made allegations to which
there is not enough time in this forum to respond accurately to the City
Council. He cited an example where the City was aware of the FMSI operating events other than the
Fiestas Del Mercado, and stressed the importance of allowing him to respond to
all questions and allegations. He
further requested that the FMSI be allowed to co-sponsor the Fiestas Del
Mercado along with the SAPF to provide the support and experience necessary to
make the event a success. He noted that the request for proposals is scheduled
for the summer of 2004 and requested that this item be tabled until January,
2004.
Mr. Nick Pena, FMSI, requested a “B” session to
discuss the evidence, and be able to respond to the various allegations
outlined in the City audit. He spoke to
the Ethics Code and possible violations by the SAPF membership.
* * * *
Mayor Garza gave background on the sequence of
events that led to a review by the Ethics Review Board after a complaint was
filed against a Market Square Commissioner in April, 2003. He stated that the Governance Committee
recommended that an audit be conducted on the contract with the Fiesta Market
Square, Inc. He further stated that,
given all the factors with regards to the audit not yet completed, the time
constraints and the importance of the fiesta event, the Governance Committee
decided on the option of having the Parks Foundation run the event for a
one-year period on an interim basis.
Mayor Garza noted that once the audit is complete, there will be an
opportunity to respond. He further noted
that he is not comfortable in moving with a request for proposal in 2005, and
stated that the audit must be completed and issues resolved before 2005. He pointed out this is an interim contract
being approved for 2004. He expounded on
the fact that an audit was conducted by the organization’s auditor that
resulted in similar recommendations as the City’s Auditor with regard to
changes that should have been made to better improve the management decisions
and fiscal actions by the organization.
He acknowledged receipt of the responses that FMSI provided to the City
Auditor with all the specific points, and noted his decision not to meet with
any group during the audit process until there is an opportunity for FMSI to
submit their official response to the audit.
Ms. Pat Major, City Auditor, narrated a slide
presentation, a copy of which is part of these papers. She discussed the process in reviewing the
books for the FMSI to dete
Ms. Major also discussed another cause for the audit
was to dete
In te
Ms. Major expounded on a major issue pertaining to
the non-competitive distribution for the “aquas frescas” booth contract that was given to one individual
who paid $30,000
to the organization. Ms. Major stated that in prior years, those booths were
distributed among three to four individuals.
She noted another cause for concern dealt with a test of sixty-eight
people that had contracts with the FMSI, and it was found that a number of them
were from out of State and did not possess a sales tax pe
Ms. Major reiterated that for the amount of
expenditures listed, there are no invoices to support them. She cited the contract’s requirement for FMSI
to hire a Certified Public Account (CPA) to assist them with the daily cash
controls, and since there were no set procedure for
that, it resulted in some mishandling of accounts. She spoke to the efforts of
the City staff liaisons and the co-mingling of responsibilities. She recommended that City Council and the
City Manager look into a concessionaire that will run all the external events
in the Plaza area on weekends and on special occasions. She further recommended that if there is a
suspension and deba
Discussion continued regarding a thirty-day response
timeline by staff.
In response to Mayor Garza regarding the particulars
of the situation and an estimate for resolution, Ms. Majors stated that the
final report may be completed in early January, 2004. She stated there is a
great opportunity for this event and that someone should manage it rather than
to lose that window for the community as a strong fundraiser.
In response to Councilman Hall, Ms. Brechtel stated
that she has met with Mr. Malcolm Matthews to prepare the City’s response. She further stated that there are some issues
that will be addressed internally to become more proactive. She noted that in te
Councilman Hall clarified that there is no current
contract for the event, and that the last contract expired in April 2003. He concurred with the idea of an open meeting
to discuss the issue, and that this is the opportunity for such an open
meeting. He expressed appreciation to
Ms. Major’s concern as reported. He
stated he is in support for a one-year contract with the Parks Foundation to operate
the event on an interim basis.
In response to Councilman Williams, Ms. Pat Major
restated her charge from the Governance Committee as it relates to the
FMSI. She also restated the extensive
time and the number of staff involved in the audit process for the FMSI.
(Mayor Garza was obliged to leave the meeting at
9:25 P.M. Mayor Pro Tem Williams. presided.)
In response to Councilman Williams, Ms. Major stated
that she was not given a different charge by the Quality of Life Committee to
brief another Committee on the results or implications of the audit.
Discussion ensued between Councilman Williams and
Ms. Majors regarding impropriety or tendencies to defraud as a result of the
FMSI audit. Ms. Major referred to the
Yellow Book Standards regarding audit procedures. She cited some examples and series of
recognized conditions that could indicate instances of fraud. She further stated that there are indicators
that risk exists in this case.
In response to Councilman Williams, Mr. Matthews
stated that the reason this subject was moved from the Governance Committee to
the Quality of Life Committee is that most contracts of this nature rest with
the Quality of Life Committee.
Councilman Haass spoke in support of moving with the
Parks Foundation for the one-year interim, and added that he looked forward to
a Request For Proposal (RFP) that will give everyone
an opportunity to compete for the contract in the future.
(Mayor Garza returned to the meeting at
Councilman Castro stated he would like to give an
opportunity to the FMSI to speak on any of the issues that have been presented
since the Citizens’ portion, and same opportunity.
Mr. Walter Serna, Attorney for FMSI, reiterated the
difficulty in making a case in such a short time frame to explain a
point-by-point response to Ms. Major’s presentation. He discussed his responsibilities toward the
FMSI, and his efforts to improve processes at the
In response to Councilman Castro with regard to City
staff ratifying breeches of contracts, Mr. Matthews stated that there will be a
response provided to the auditor on that issue.
He stated that staff at the
Councilman Castro spoke to employee accountability
and the importance in having a staff that is knowledgeable of the contract te
In response to Councilman Castro, Mayor Emeritus Lila Cockrell, San Antonio Parks Foundation (SAPF) Chairperson, stated that the SAPF had no role in the decision that the City would have to make relative to the management of the event. She pointed out the short timeline in which to prepare for the event in April. She stated the SAPF will have their CPA familiarize himself with the process to be in total compliance, and will immediately begin with the plans.
Ms. Cockrell also distributed brochures on the
mission and accomplishments of the SAPF for all the City Council.
In response to Councilman Segovia regarding
involvement and input from the long-time business owners of the
Councilman Castro acknowledged the work of the
business owners at the
Councilwoman Radle spoke in support of the event for
the interim under the SAPF, and thanked them for their willingness to respond.
She thanked the FMSI members for expressing their concerns and response to the
audit, and supports finding a venue for them to respond to the final
report.
Councilman Barrera reiterated that there is no current contract, and recognized that there was an attempt to renegotiate a contract. He spoke to the serious nature of the many issues that were raised as a result of the audit, and stated that at the time the audit is completed, those issues will be addressed rather than directing statements to the City Auditor. He expressed his support for the FMSI to continue to be a part of the fiesta celebration. He stated he looked forward to the City Manager’s response, as well as FMSI’s response and their plan of action for a resolution to the audit’s findings.
Discussion ensued between Councilman Schubert and
Ms. Pat Major regarding the FMSI’s knowledge of the
preliminary findings. Ms. Major stated
they responded to a list of various issues provided to the members at two
separate meetings. She further stated
that the audit is being conducted on both the City and the FMSI, and noted that
her office is auditing the City from three aspects. Ms. Major discussed
possible solutions to the problem of contract monitoring for the City, and
agreed with Mr. Matthews that contract services are not a priority during the
budget process. She suggested possible reorganization, better computer systems,
and different types of people with the right skill sets and training may be a
consideration to solving that issue.
Discussion continued regarding the audit process and
specific recommendations. Ms. Major
stated the report will be completed and will include the comments from FMSI as
they were received. She added there will
be an extensive appendix to this report that will be finished and released in
January.
In response to Councilman Schubert regarding a venue
for FMSI to respond to the audit, Ms. Major stated that the FMSI has done their
best to provide whatever documentation is available, and noted that unless
there is more info
In response to Councilman Schubert regarding the
City Manager’s response to the audit, Ms. Brechtel stated the response will
have some interpretation issues, mainly the role of the City staff at the
Discussion ensued between Councilman Schubert and
Mr. Matthews regarding documented changes in the contract. Councilman Schubert
also discussed contract compliance, as well as unacceptable practices by the
FMSI.
In response to Councilman Williams, Councilman
Schubert provided an explanation on the process for this matter to have
proceeded to the Quality of Life Committee.
Councilman Schubert concurred with Mayor Garza for
the one-year interim contract with the Parks Foundation, and spoke in support
of that recommendation. He stated the
City Council can dete
After consideration, the motion, carrying with it
the passage of the Ordinance, prevailed by the following vote: AYES: Williams, Segovia, Perez, Radle,
Barrera, Castro, Hall, Schubert, Garza. ABSTAIN:
– – –
2003-43
The Clerk read the following Ordinance:
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.
Councilman Perez made a motion to approve the proposed Ordinance. Councilman Radle seconded the motion.
Ms. Susan Spegar, Special
Project Manager, narrated a condensed slide presentation on the Proposition
Three Program for Woodland Hills, a copy of which is filed with these
papers. She discussed the status of the
pending acquisitions and noted that the average cost per acres totals
$5,603.13. She described the location of
the proposed acquisition within
After consideration, the motion, carrying with it
the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez,
Radle, Barrera, Hall, Schubert, Garza. NAYS: None. ABSENT: Castro, Haass.
– – –
2003-43 MEETING OF THE CITY OF SAN ANTONIO
STARBRIGHT INDUSTRIAL DEVELOPMENT CORPORATION BOARD OF DIRECTORS
Mayor Garza recessed the regular meeting of the City
Council at 10:22P.M., and convened the City of San Antonio, Texas, Starbright
Industrial Development Corporation Board of Directors meeting.
The following members were present: Flores,
Williams, Segovia, Perez, Radle, Barrera, Hall, Schubert, Garza. NAYS: None. ABSENT: Castro, Haass.
2003-43
The Clerk then read the following Resolution:
SIDC-2003-14
A Resolution 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.
Councilman Perez made a motion to approve the proposed Resolution. Councilman Williams seconded the motion.
Mr. Chris Brady, Assistant City Manager, narrated a slide presentation on the resolution of intent to issue limited obligation revenue bonds and notes to finance solid waste disposal and industrial sewage facilities to be acquired in connection with a proposed vehicle manufacturing facility in the City.
After consideration, the motion,
carrying with it the passage of the Resolution, prevailed by the following
vote: AYES: Flores, Williams,
Segovia, Perez, Radle, Barrera, Hall, Schubert, Garza.
NAYS: None. ABSENT: Castro, Haass.
Mayor Garza then adjourned the meeting of the City
of San Antonio Starbright Industrial Development Corporation Board of Directors
at
– – –
2003-43
The Clerk read the following Ordinance:
approving the selection of citigroup global
markets as Senior Financial Underwriter for the evaluation and ubs financial
underwriter for the evealuation and potential partial financing or financing of
the Convention Center Headquarters Hotel.
* * * *
Mr. Milo Nitschke, Finance Director, narrated a
slide presentation on the selection of senior financial underwriter for
Convention Center Headquarters Hotel. A
copy of the presentation is on file with these papers. Mr. Nitschke stated that
the RFP called for demonstrated experience in finance and structured hotel finance headquarters financing, and a minimum requirement of the
lead banker having completed at least one hotel in the last seven years. He further stated that five proposals were
received to serve as Senior Manager. He
named the individuals on the Selection Committee who utilized a scoring
arrangement for the final selection process.
He noted that after using the scoring process, the Committee recommended
the selection of the Citigroup Global Markets, Inc. (Citigroup) to serve as Senior Managing Underwriter.
In response to Mayor Garza’s previous request for info
Discussion ensued between Mayor Garza and Mr.
Nitschke regarding the comparable experience in large convention center hotels.
In response to Mayor Garza, Mr. Jorge Garza, Citigroup Global Markets, Inc.(Citigroup), stated their involvement in the
Discussion continued regarding the issue of a
privately owned hotel. Mr. Nitschke
stated that decision has not yet been made, but is part of the evaluation
process and part of what the senior manager will be asked to assist.
Mr. Chris Brady made a clarification to their
preference, recognizing that the decision is to be made by the City Council.
Mayor Garza noted his concerns over the final selection to ensure
that the decision is not influenced by experiences that are tailored to a
particular type of financing. He
reiterated his concern over the experience of the three fi
In response to Councilman Hall, Mr. Nitschke
clarified the evaluation criteria and explained the difference in the numbers
for the first, fourth and fifth proposals.
Ms. Brechtel stated that while a generalized
response may be available, each committee member scored individually and a
composite of the scoring was utilized.
Mr. Nitschke reiterated the scoring process.
Discussion continued after Councilman Hall noted
that the numbers did not compute.
In response to Councilman Hall regarding criteria
#2, Mr. Nitschke explained the difference between experience and availability
of assigned personnel and Convention Center hotel finance versus local business
enterprise.
In response to Councilman Hall, Mr. Manuel Longoria,
Assistant Director of Economic Development Department, defined the te
Discussion continued between
Councilman Hall and Mr. Longoria on the evaluation scoring and rankings.
Councilman Hall discussed
the need to redefine and clarify the local finance industry. He spoke to the efforts these companies make
to have a local office and invest their dollars in
In response to Councilman Hall, Mr. Nitschke defined
the role of the Senior Manager versus a Co-Senior Manager and their related
perfo
In response to Councilman Williams, Mr. Nitschke gave
background info
Councilman Williams requested to meet with Mr.
Nitschke to bring all the issues forward regarding the advisory board’s
recommendations for the project.
Councilman Flores concurred with Councilman Hall
regarding the definition of local business enterprise, and stated that
In response to Councilman Flores, Mr. Nitschke
described the delegation of duties between a co-senior and a senior
manager. He added that the compensation
and credits would be equal to both, with the Book Running Manager obtaining an
economic advantage.
Mr. Nitschke recommended putting off any allocation
of financial benefits until after that time when the contributions of the
co-senior managers can be made, individually and collectively.
In response to Councilman Flores, Mr. Jorge Garza, Citigroup, discussed the St. Louis Convention Center Hotel
as their last major project and described its particular type of financing.
In response to Councilman Flores, Mr. George Pedraza, Vice President of UBS, and Ms. Laura Powell, UBS
Assistant Vice President, both in the
Councilman Flores spoke to the importance of working
together on this project, and made a motion for an amendment to have Citigroup and UBS Financial Services acting as Co-Senior
Managers on this project. Councilman
Hall seconded the motion.
Councilman Schubert discussed potential change in
the process utilized to give credit to local businesses. He expressed his concern regarding a
distancing from the San Antonio Small Business Economic Development Advocacy
(SBEDA) goals.
In response to Councilman Hall with regard to the
Denver Convention Center Hotel project, Ms. Powell stated the split was equal
in revenue and SDC credit. She also
stated that the revenue and SDC credit were not split in the
Councilman Hall made a motion for a friendly amendment to have
Citigroup as Senior Manager and have UBS as Co-Senior Manager, and requested
that they share equally the revenue and SDC credit.
Councilman Flores accepted the friendly amendment
made by Councilman Hall.
After
consideration, the amendment by Councilman Flores,
prevailed by the following vote: AYES:
Flores, Segovia, Perez, Radle, Barrera, Hall, Schubert, Haass, Garza. NAYS:
None. ABSENT: Williams, Castro.
After
consideration, the main motion as amended, carrying with it the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia,
Perez, Radle, Barrera, Hall, Schubert, Haass, Garza. NAYS:
None. ABSENT: Castro.
– – –
2003-43
The Clerk read the following Ordinance:
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
* * * *
Councilman Perez made a motion to approve the
proposed Ordinance. Councilman Hall seconded the motion.
Mr. Dennis Campa, Community Initiatives Department
Director, narrated a presentation regarding the acceptance of the Best Value
bid of Chartwell Community Services, Inc., (Chartwell), a copy of which is on
file with these papers. He provided
background on Chartwell’s City Homemaker Program that is designed to enhance
and assist seniors by perfo
Mr. Campa discussed at length the RFP process for
in-home personal assistance services for the elderly and disabled persons. He stated that Chartwell, as the successful
bidder, met all the requirements and possessed the necessary management
credentials. He highlighted Chartwell’s
service delivery plan
that includes admitting 25 – 40 clients per week starting on the
effective day of the contract. He cited
Chartwell’s commitment to the efficient and caring transition of all employees
and clients currently serviced by the City Homemaker Program.
After consideration, the motion, carrying with it
the passage of the Ordinance, prevailed by the following vote: AYES: Williams, Segovia, Perez, Radle,
Barrera, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: Flores, Castro.
– – –
2003-43
The Clerk read the following Ordinance:
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.
* * * *
Councilman Perez made a motion to approve the
proposed Ordinance. Councilman Haass seconded the motion.
In response to Councilwoman Radle, Mr. Campa spoke
regarding the credibility of the organizations.
He noted the extensive outreach for the RFP announcement, using a wide
variety of media. He further noted that
partial funding is to be provided to all the organizations that applied to provide
services under the RFP. He pointed out
that the organizations have been providing the food security services, food
stamp outreach, and day services for the homeless for a number of years. He attested to their reputation and their
service to the community.
Mr. Campa also explained the breakdown of funding,
and stated that there are enough funds to expand the City’s investment. He pointed out that a recommendation would be
made to issue a second proposal to provide additional emergency shelter space
for families with children. He added a
secondary recommendation that if funds are available, it would be a
consideration for a voucher program.
In response to Councilwoman Radle who expressed
concern over low representation from the hunger and homeless task force on the
review committee, Mr. Campa stated that to avoid a possible conflict of
interest, members from the task force included representatives from the
community.
In response to Councilman Schubert, Mr. Campa
described the operation of the mobile canteen that uses the food as an
engagement tool to assist the chronic homeless and chronic mentally ill.
Rev. Flowers, San Antonio Metropolitan Ministries
(SAMM), spoke on how he plans to operate the mobile canteen. He stated that the
mentally ill are the largest percentage that refuse
shelters. He further stated that those who have a history of drug or substance abuse, are the second largest percentage that refuse
shelter.
In response to Councilman Schubert regarding the
food stamp issue, Mr. Campa discussed three programs that are underway to
increase food stamp enrollment.
Mr. Eric Cooper, Executive Director of the San
Antonio Food Bank, spoke regarding
In response to Councilman Schubert regarding program
monitoring, Mr. Campa stated that under the City Manager’s guidance, there are
two levels of monitoring, a quality assurance team and community action staff, who, on a daily basis coordinate services to insure that the
work is being done.
Mr. Sam Queen, Christian Assistance Ministries
(CAM), spoke to the funding for homeless and associated services, and expressed
disappointment that the CAM is still in need of funding to continue and upgrade
their services. He stated he is willing
to meet with any Councilmember to further discuss his request for more funding.
In response to Councilwoman Radle, Mr. Campa stated
that the Food Bank program is operational and has been a factor in the senior
nutritional program.
Councilman Radle expressed her interest in
developing dialog with the
In response to Councilman Hall regarding delegate
agencies, Mr. Campa stated that the recommendation for 2005 will be that the
City’s investment constitute no more than 65% of the
agencies’ budgets, and no more than 50% for 2006.
After consideration, the motion, carrying with it
the passage of the Ordinance, prevailed by the following vote: AYES: Flores, Williams, Segovia, Perez,
Radle, Barrera, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: Castro.
– – –
2003-43 TRAVEL
AUTHORIZATION - Granted:
Ratification of
Travel Authorization 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.
Councilman Perez made a
motion to approve the proposed Travel Authorization. Councilman Williams seconded the motion.
After consideration, the
motion, carrying with it the passage of the Travel Authorization, prevailed by
the following vote: AYES: Flores,
Williams, Segovia, Perez, Radle, Barrera, Hall, Schubert, Haass, Garza. NAYS: None. ABSENT: Castro.
– – –
2003-43
There being no further business to come before the City Council, the
meeting was adjourned at
EDWARD D. GARZA
M A Y
O R
Attest:
YOLANDA L. LEDESMA
A c t i
n g C i t y C l e r k