AGENDA - COUNCIL MEETING - TUESDAY - FEBRUARY 9, 2010 - 1:30 P. M.

COUNCIL CHAMBER - SECOND FLOOR - CITY HALL

901 BAGBY - HOUSTON, TEXAS

 

 

 

PRAYER AND PLEDGE OF ALLEGIANCE - Council Member Hoang

 

 

 

1:30 P. M. - ROLL CALL

 

 

 

ADOPT MINUTES OF PREVIOUS MEETING

 

 

 

2:00 P. M. - PUBLIC SPEAKERS - Pursuant to City Council Rule 8, City Council will hear from members of the public; the names and subject matters of persons who had requested to speak at the time of posting of this Agenda are attached; the names and subject matters of persons who subsequently request to speak may be obtained in the City Secretary’s Office

 

 

 

5:00 P. M. - RECESS

 

RECONVENE

 

 

WEDNESDAY - FEBRUARY 10, 2010 - 9:00 A. M.

 

 

DESCRIPTIONS OR CAPTIONS OF AGENDA ITEMS WILL BE READ BY THE CITY SECRETARY PRIOR TO COMMENCEMENT

 

 

 

 

MAYOR’S REPORT

 

 

 

 

CONSENT AGENDA NUMBERS 1 through 46     

 

 


 

ACCEPT WORK - NUMBERS 1 through 5  

 

1.      RECOMMENDATION from Director General Services Department for approval of final contract amount of $323,375.16 and acceptance of work on contract with AIA GENERAL CONTRACTORS, INC for Underground Storage Tank Replacement and Aboveground Storage Tank Installation at Northwest Vehicle Maintenance Facility - 7.86% over the original contract amount - DISTRICT A ‑ STARDIG

 

2.      RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $7,062,707.77 and acceptance of work on contract with PACE SERVICES, L.P. for Sharpstown Area Drainage Improvements - 2.15% over the original contract amount - DISTRICTS C - CLUTTERBUCK and F - HOANG

 

3.      RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $1,388,463.30 and acceptance of work on contract with R. K. WHEATON, INC for Water Line Replacement in Noble-South Area - 1.93% under the original contract amount - DISTRICT B - JOHNSON

 

4.      RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $1,994,685.10 and acceptance of work on contract with COLLINS CONSTRUCTION, LLC for Water Line Replacement in Gardendale Area - 0.17% under the original contract amount - DISTRICT H - GONZALEZ

 

5.      RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $6,634,264.82 and acceptance of work on contract with TEXAS STERLING CONSTRUCTION, L.P. for Neighborhood Street Reconstruction (NSR) 447  3.68% under the original contract amount - DISTRICTS C - CLUTTERBUCK and G ‑ PENNINGTON

 

PURCHASING AND TABULATION OF BIDS - NUMBERS 6 through 8A 

 

6.      INTERNATIONAL FORENSIC SCIENCE LABORATORY & TRAINING CENTRE for Firearms Analysis Services for the Houston Police Department - $80,000.00 - Grant Fund

 

7.      RUSH TRUCK CENTERS OF TEXAS, L.P. for Medium-Duty Cabs & Chassis and Truck Bodies through the Interlocal Agreement for Cooperative Purchasing with Houston-Galveston Area Council for Department of Public Works & Engineering - $1,388,820.00 - Enterprise Fund

 

8.      ORDINANCE appropriating $174,725.00 out of Equipment Acquisition Consolidated Fund and $42,062.00 out of Fleet/Equipment Special Revenue Fund for Purchase of Automobiles, Vans, Utility Vehicles and Light-Duty Trucks for Various Departments

 

a.      PHILPOTT MOTORS, LTD., d/b/a PHILPOTT FORD - $488,608.00, RON CARTER AUTOMOTIVE - $142,776.00, PF45, LP d/b/a PLANET FORD 45 - $159,433.00 and TOMMIE VAUGHN MOTORS, INC - $102,258.00 for Automobiles, Vans, Utility Vehicles, and Light-Duty Trucks for Various Departments - $893,075.00 - Fleet/Equipment Special Revenue, Equipment Acquisition Consolidated and Enterprise Funds  

 

RESOLUTIONS AND ORDINANCES - NUMBERS 9 through 46  

 

9.      RESOLUTION approving and authorizing nomination of NRG ENERGY, INC to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as an Enterprise Project - DISTRICT I - RODRIGUEZ

 

10.  RESOLUTION approving and authorizing nomination of RELIANT ENERGY RETAIL HOLDINGS, LLC to the Office of the Governor Economic Development & Tourism through the Economic Development Bank as an Enterprise Project - DISTRICT I - RODRIGUEZ

 

11.  RESOLUTION authorizing the Houston Parks and Recreation Department to submit an application for a Texas Parks and Wildlife Department Urban Outdoor Recreation Local Park Grant to fund the Sam Houston Park Improvements; declaring the City’s eligibility for such grant; authorizing the Director of the Parks and Recreation Department to act as the City’s representative in the application process, to accept such grant funds, if awarded, and to apply for and accept all subsequent awards, if any, pertaining to the program - DISTRICT I - RODRIGUEZ

 

12.  ORDINANCE AMENDING SECTION 18-16 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to employee notice regarding functions and duties of the Ethics Committee

 

13.  ORDINANCE approving and authorizing Interlocal Agreement between the City and HARRIS COUNTY for the Child Fatality Review Team Program; providing a maximum contract amount 5 Years - $250,000.00 - Health Special Revenue Fund

 

14.  ORDINANCE approving and authorizing submission of an application for grant assistance to the State of Texas through the Criminal Justice Division (“CJD”), Office of the Governor, for the Survivor Danger Assessment Initiative funded through the Violence Against Women Recovery Act; declaring the City’s eligibility for such grant; authorizing the Mayor to act as the City’s representative in the application process; authorizing the Chief of the Houston Police Department to accept such grant funds, if awarded, and to apply for and accept all subsequent awards, if any, pertaining to the program

 

15.  ORDINANCE approving and authorizing the submission of an application for grant assistance to the State of Texas through the Criminal Justice Division (“CJD”), Office of the Governor, for the Paroled Offenders Initiative funded through the Violence Against Women Recovery Act; declaring the City’s eligibility for such grant; authorizing the Mayor to act as the City’s representative in the application process; authorizing the Chief of the Houston Police Department to accept such grant funds, if awarded, and to apply for and accept all subsequent awards, if any, pertaining to the program

 

16.  ORDINANCE authorizing the acceptance of a Transportation Energy Efficiency Alternative Fuels and Technology Stimulus Grant from the Texas Comptroller of Public Accounts for the City’s Downtown Motor Pool Project; declaring the City’s eligibility for such grants; authorizing the Director of the Finance Department to accept and expend the grant funds and to accept and expend all subsequent awards, if any, pertaining to the grant

 

17.  ORDINANCE approving and authorizing agreement between the City of Houston and HARRIS COUNTY for Design and Construction of Clinton Drive from easterly city limits to Federal Road - DISTRICTS E - SULLIVAN and I - RODRIGUEZ

 

18.  ORDINANCE finding and determining public convenience and necessity for the acquisition of easements and related real property interests in connection with the new Public Safety Radio System; authorizing the acquisition of the property interests required for such system and payment of the costs of such purchases, leases and/or eminent domain proceedings of such property interests and associated costs for Appraisal Fees, Title Policies/Services, Recording Fees, Court Costs, and Expert Witness Fees in connection with the acquisition of such property interests

 

19.  ORDINANCE approving and authorizing Radio Communications System License Agreement between the CITY OF MISSOURI CITY and the CITY OF SUGAR LAND, Licensors, and the City of Houston, Texas, Licensee, and a Site Lease Agreement between the CITY OF MISSOURI CITY, Lessor, and the City of Houston, Texas, Lessee, both for a period of ten (10) years with two (2) renewals of five (5) years each, with a monthly fee of $1,000.00 each, with annual increases, other costs and site improvement fees for a total cost for the initial ten (10) year base term of $262,793.30, to allow the Radio Communications Division of the Information Technology Department to install equipment on one (1) Communications Tower and for equipment space in connection with a new Public Safety Radio System located at 3849 Cartwright Road, Missouri City, Texas

 

20.  ORDINANCE approving and authorizing Amendment No. 1 to an agreement between the City of Houston and SUPERIOR BUILDING SERVICES, INC for Window and Glass Surface Cleaning Services for the Houston Airport System; increasing the maximum contract amount  $1,105,312.50 - Enterprise Fund

 

21.  ORDINANCE appropriating $895,132.00 out of Equipment Acquisition Consolidated Fund for the purchase of Bunker Gear for the Houston Fire Department (Awarded to Lion Apparel, Inc. by Motion #2009-123)

 

22.  ORDINANCE approving and authorizing the City of Houston to enter into first contract amendment with HOUSTON INDEPENDENT SCHOOL DISTRICT to delete one school site, add four school sites, and to provide additional $90,000.00 to administer an After School Achievement Program (“ASAP”) - Juvenile Justice Delinquency Prevention Fund - DISTRICTS B - JOHNSON; D - ADAMS and H - GONZALEZ

 

23.  ORDINANCE appropriating $1,935,000.00 out of Drainage Improvements Commercial Paper Series F Fund; authorizing purchase of easements and other interests in real property and payment of the costs of such purchases and/or condemnation of such real property and associated costs for Appraisal Fees, Title Policy/Services, Recording Fees, Court Costs and Expert Witness Fees, for and in connection with and finding a public necessity for, storm drainage projects for Bellaire West, Glenbrook Valley and other miscellaneous drainage improvements

 

24.  ORDINANCE approving and authorizing contract between the City of Houston and PROFESSIONAL SERVICE INDUSTRIES, INC for Testing Laboratory Services Street Maintenance Projects - 5 Years - $500,000.00 - General Fund

 

25.  ORDINANCE appropriating $495,000.00 out of Storm Sewer Consolidated Construction Fund and approving and authorizing Professional Engineering Services Contract between the City of Houston and LOCKWOOD ANDREWS & NEWNAM, INC for Extended Feasibility Study for Meyerland Area, Garden Oaks, and Shepherd Forest Drainage Improvements; providing funding  for contingencies relating to construction of facilities financed by the Storm Sewer Consolidated Construction Fund - DISTRICTS A - STARDIG and C - CLUTTERBUCK

 

26.  ORDINANCE appropriating $506,000.00 out of Drainage Improvement Commercial Paper Series F Fund and approving and authorizing Professional Engineering Services Contract between the City of Houston and JONES & CARTER, INC for Extended Feasibility Study for Pleasantville, Glendale, Montrose Area, and Midtown Drainage Improvements; providing funding for contingencies relating to construction of facilities financed by the Drainage Improvement Commercial Paper Series F Fund - DISTRICTS B - JOHNSON; D - ADAMS and I - RODRIGUEZ

 

27.  ORDINANCE appropriating $698,992.00 out of Drainage Improvement Commercial Paper Series F Fund and approving and authorizing Professional Engineering Services Contract between the City of Houston and SIRRUS ENGINEERS, INC for Extended Feasibility Study for South Park and Southcrest, Cullen from 610 Loop to Old Spanish Trail, Scott Street from 610 Loop to Old Spanish Trail and Wirt Road (Kempwood to IH-10) Drainage Improvements; providing funding for contingencies relating to construction of facilities financed by the Drainage Improvement Commercial Paper Series F Fund - DISTRICTS A ‑ STARDIG; D - ADAMS and H - GONZALEZ

 

28.  ORDINANCE appropriating $226,588.00 out of Storm Sewer Consolidated Construction Fund and approving and authorizing Professional Engineering Services Contract between the City of Houston and MICHAEL BAKER JR., INC for Extended Feasibility Study for Easthaven Boulevard Drainage Improvements; providing funding for contingencies relating to construction of facilities financed by the Storm Sewer Consolidated Construction Fund - DISTRICT I - RODRIGUEZ

 

29.  ORDINANCE appropriating $7,617,030.00 out of Metro Project Commercial Paper Series E Fund and $948,820.00 out of Water & Sewer System Consolidated Construction Fund, awarding contract to TRIPLE B SERVICES, L.L.P. for Pinemont Drive Paving from T.C. Jester to Ella Blvd.; setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet the deadlines; providing funding for engineering, testing, project management and contingencies relating to construction of facilities financed by the Metro Project Commercial Paper Series E Fund and Water & Sewer System Consolidated Construction Fund - DISTRICT A ‑ STARDIG

 

30.  ORDINANCE appropriating $2,550,801.00 out of Water & Sewer System Consolidated Construction Fund; awarding contract to REPIPE CONSTRUCTION, LTD. for Sanitary Sewer Rehabilitation by Cured-In-Place Pipe Method (LDS); setting a deadline for the bidder’s execution of the contract and delivery of all bonds, insurance, and other required contract documents to the City; holding the bidder in default if it fails to meet the deadlines; providing funding for engineering and testing, and contingencies relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund

 

31.  ORDINANCE appropriating $538,735.00 out of Public Library Consolidated Construction Fund and $308,000.00 out of Library Capital Project Fund; awarding construction contract to TIMES CONSTRUCTION, INC for the Ring Neighborhood Library Renovation; setting a deadline for the proposer’s execution of the contract and delivery of all bonds, insurance and other required contract documents to the City; holding the proposer in default if it fails to meet the deadlines; providing funding for engineering and testing services, Civic Art Program, and contingencies relating to construction of facilities financed by the Public Library Consolidated Construction Fund and Library Capital Project Fund - DISTRICT A - STARDIG

 

32.  ORDINANCE approving and authorizing agreement between the City of Houston and PREMIER ON WOODFAIR LP to provide $5,518,896 Performance-Based Loan and $1,312,041 Repayable Loan, both of CDBG Disaster Recovery Funds, to assist in repair of damage due to Hurricane Ike and rehabilitation of Premier on Woodfair Apartments, a 410 unit multifamily project located in the vicinity of 9502 Woodfair Drive, of which at least 51% of the current 410 units will be leased at affordable rents to tenants making 80% or less of area medium income for a period of five years, with the balance of the repayable loan to be returned to the state as program income upon the payment thereof - DISTRICT C - CLUTTERBUCK

 

33.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within INWOOD FOREST SUBDIVISION SECTIONS 10, 12, 16, 18, & 19 to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT A - STARDIG

 

34.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within INWOOD PINES SUBDIVISION, SECTIONS 1 - 4 to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT A - STARDIG

 

35.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within LONG POINT WOODS SUBDIVISION, SECTIONS 1 - 3, SPRING BRANCH WOODS SUBDIVISION, SECTIONS 1 - 2, BUNKER HILL FOREST SUBDIVISION, SECTIONS 1 - 2, CENTURY OAKS SUBDIVISION  to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT A ‑ STARDIG

 

36.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within OAK FOREST SUBDIVISION, SECTIONS 1 - 13, SECTION 14 REPLAT AND SECTION 18 to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT A - STARDIG

 

37.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within SPRING SHADOWS SUBDIVISION, SECTION 14 to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT A - STARDIG

 

38.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within WILLOW PARK II SUBDIVISION to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT A - STARDIG

 

39.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within DUMBARTON VILLAGE SUBDIVISION, REPLAT to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT D - ADAMS

 

40.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within WESTBURY VILLAGE SUBDIVISION to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT D - ADAMS

 

41.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within BRAYS VILLAGE SUBDIVISION, SECTION 1, 4, 5, 7, BRAYS VILLAGE SUBDIVISION, SECTION 2 REPLAT, 3 REPLAT, 6 REPLAT to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT F - HOANG

 

42.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within BRIAR PARK SUBDIVISION, SECTION 1 REPLAT UNRECORDED to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT G - PENNINGTON

 

43.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within OVERBROOK SUBDIVISION, SECTIONS 1 - 7, 9 & 10 to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT I - RODRIGUEZ

 

44.  ORDINANCE extending the provisions of SECTION 28-303 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, to various single-family residential properties within OVERBROOK SUBDIVISION, SECTION 8 to prohibit the parking of vehicles in the front or side yards of such residences - DISTRICT I - RODRIGUEZ

 

45.  ORDINANCE granting to ACTION RESTORATION, INC., A Texas Corporation, the right, privilege and franchise to collect, haul and transport Solid Waste and Industrial Waste from commercial properties located within the City of Houston, Texas, pursuant to Chapter 39, Code of Ordinances, Houston, Texas; providing for related terms and conditions - FIRST READING

 

46.  ORDINANCE granting to PNEUVAC TRANSFER, INC., D/B/A UVAC, INC., A Texas Corporation, the right, privilege and franchise to collect, haul and transport Solid Waste and Industrial Waste from commercial properties located within the City of Houston, Texas, pursuant to Chapter 39, Code of Ordinances, Houston, Texas; providing for related terms and conditions - FIRST READING

 

END OF CONSENT AGENDA

 

 

CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

 

 

NON CONSENT AGENDA - NUMBER 47   

 

 

PURCHASING AND TABULATION OF BIDS

 

47.  RECOMMENDATION from Purchasing Agent to make the following awards for ITS Controller Cabinets for Department of Public Works & Engineering - $5,949,434.00 - General Fund:

·         CONSOLIDATED TRAFFIC CONTROLS, INC - $385,175.00

·         INTELIGHT, INC - $2,347,099.00

·         MCCAIN, INC (BID #1) - $871,480.00

·         PARADIGM TRAFFIC SYSTEMS, INC - $210,185.00

·         SIEMENS ENERGY & AUTOMATION, INC - $2,082,895.00

COUNCIL DRAW LOTS

      ITEM NO. 64 (Nema conflict monitors) due to receiving identical bids from MCCAIN, INC and PARADIGM TRAFFIC SYSTEMS, INC in the amount of $52,600.00


 

MATTERS HELD - NUMBERS 48 through 51  

 

48.  ORDINANCE approving Lease Agreement with option to purchase between STAGES, INC, a Texas Non-profit Corporation, as tenant, and the City of Houston, Texas, as Landlord, concerning the Houston Center for the Arts (3201 Allen Parkway) - DISTRICT I - RODRIGUEZ

TAGGED BY COUNCIL MEMBER SULLIVAN

This was Item 16 on Agenda of February 3, 2010

 

49.  ORDINANCE approving and authorizing Professional Services Contract between the City of Houston and NATIONAL ECONOMIC RESEARCH ASSOCIATES, INC for a Disparity Study of City-wide Public Works Construction Contracts - $595,800.00 - General, Enterprise and CIP Salary Recovery Funds

TAGGED BY COUNCIL MEMBER JONES

This was Item 26 on Agenda of February 3, 2010

 

50.  ORDINANCE approving and authorizing contract between the City of Houston and ORCHARD COMMUNITIES, INC, A Texas Nonprofit Corporation, to provide $3,540,000 Performance-Based Loan of Federal "HOME" Funds to assist in the Development of a 118 Unit Affordable Senior Housing Apartment Complex on an approximately 5.6965 acre tract at the northeast corner of Brinkman and West 34th Street, of which 30 units will be designated as Home Affordable Floating Units for a 20-year affordability period - DISTRICT A - STARDIG

POSTPONED BY MOTION #2010-0069, 2/3/10

This was Item 40 on Agenda of February 3, 2010

 

51.  ORDINANCE appropriating $60,000.00 out of Public Health Consolidated Construction Fund; awarding Construction Management At Risk Contract to SPAWMAXWELL COMPANY, LLC for Bureau of Animal Regulation and Care Facility Expansion/Renovation & Ann Slemons Young Animal Center - DISTRICTS B - JOHNSON and I - RODRIGUEZ

POSTPONED BY MOTION #2010-0070, 2/3/10

This was Item 41 on Agenda of February 3, 2010

 

 

 

 

MATTERS TO BE PRESENTED BY COUNCIL MEMBERS - Council Member Jones first

 

 

 

 

ALL ORDINANCES ARE TO BE CONSIDERED ON AN EMERGENCY BASIS AND TO BE PASSED ON ONE READING UNLESS OTHERWISE NOTED, ARTICLE VII, SECTION 7, CITY CHARTER

 

 

 

NOTE - WHENEVER ANY AGENDA ITEM, WHETHER OR NOT ON THE CONSENT AGENDA, IS NOT READY FOR COUNCIL ACTION AT THE TIME IT IS REACHED ON THE AGENDA, THAT ITEM SHALL BE PLACED AT THE END OF THE AGENDA FOR ACTION BY COUNCIL WHEN ALL OTHER AGENDA ITEMS HAVE BEEN CONSIDERED

 

               CITY COUNCIL RESERVES THE RIGHT TO TAKE UP AGENDA ITEMS OUT OF THE ORDER IN WHICH THEY ARE POSTED IN THIS AGENDA.  ALSO, AN ITEM THAT HAS BEEN TAGGED UNDER CITY COUNCIL RULE 4 (HOUSTON CITY CODE §2-2) OR DELAYED TO ANOTHER DAY MAY BE NEVERTHELESS CONSIDERED LATER AT THE SAME CITY COUNCIL MEETING


 

 

 

 

 

 

NOTICE OF MEETING

OF THE

CITY COUNCIL OF THE CITY OF HOUSTON

 

 

            NOTICE is hereby given that a Regular Meeting of the City Council of the City of Houston will be held TUESDAY, FEBRUARY 9, 2010 at 1:30 p.m. and WEDNESDAY, FEBRUARY 10, 2010 at 9:00 a.m. with the reading of the descriptions, captions or titles of the agenda items by the City Secretary to begin not earlier than 60 minutes before the scheduled commencement, in the Council Chamber, Second Floor, City Hall, 901 Bagby, for the purpose of conducting the regular business and affairs of the City of Houston listed on the attached Agenda.