AGENDA - COUNCIL MEETING - TUESDAY - MONTH XX, 2008

AGENDA - COUNCIL MEETING - TUESDAY - MAY 6, 2008 - 1:30 P. M.

COUNCIL CHAMBER - SECOND FLOOR - CITY HALL

901 BAGBY - HOUSTON, TEXAS

PRAYER AND PLEDGE OF ALLEGIANCE - Council Member Jones

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 - MAY 7, 2008 - 9:00 A. M.

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

HEARINGS - 9:00 A.M.

1. PUBLIC HEARING relative to proposed amendments to the Project and Financing Plan for Tax Increment Reinvestment Zone Number Seven (OST/Almeda Zone) - DISTRICTS D ‑ ADAMS and I - RODRIGUEZ

2. PUBLIC HEARING relative to proposed amendments to the Project and Financing Plan for Tax Increment Reinvestment Zone Number Eleven (Greater Greenspoint Zone)

DISTRICT B ‑ JOHNSON

MAYOR’S REPORT

CONSENT AGENDA NUMBERS 3 through 43

MISCELLANEOUS - NUMBERS 3 through 5

3. REQUEST from Mayor for confirmation of the appointment of MS. HELAINE W. LANE to Position Two of the JOINT CITY/COUNTY COMMISSION ON CHILDREN, for a term to expire December 31, 2009 - PASS

4. RECOMMENDATION from Director General Services Department for Council to determine that the Construction Manager at Risk Alternative Delivery Method offers the best value for the City for the Right-of-way and Fleet Maintenance Facilities Expansion for the Department of Public Works & Engineering - WBS N-00653C-0001-4 - DISTRICTS B - JOHNSON; H - GARCIA and I – RODRIGUEZ - PASS

5. RECOMMENDATION from Chief of Police for approval of Law Enforcement Agreement between HARRIS COUNTY and BRAYS VILLAGE PATIO HOMES MAINTENANCE FUND, INC for law enforcement services of one (1) deputy from Harris County Constable Precinct 5 - DISTRICTS F ‑ KHAN and G – HOLM - PASS

DAMAGES - NUMBER 6

6. RECOMMENDATION from City Attorney for settlement of lawsuit styled WILLIAM DELEON and OSCAR DELEON v. City of Houston and Herman Lastrape, Jr., in the 80th Judicial District Court of Harris County, Texas; Cause No. 2005-54717 - $240,000.00 - Property and Casualty Fund - PASS

ACCEPT WORK - NUMBERS 7 through 9

7. RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $741,191.15 and acceptance of work on contract with REYTEC CONSTRUCTION RESOURCES, INC for City of Houston’s National Pollution Discharge Elimination System - Storm Water Pollution Minimization Plan - 8430 Newcastle, WBS M‑000126-0050-4 - 3.86% over the original contract amount - DISTRICT C – CLUTTERBUCK - PASS

8. RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $2,034,808.20 and acceptance of work on contract with R. J. CONSTRUCTION COMPANY, INC for Drainage Improvements at Grade Separations, WBS M-000241-0002-4 - 5.36% under the original contract amount - DISTRICTS D - ADAMS; H ‑ GARCIA and I – RODRIGUEZ - TAG Adams, Rodriquez, Jones

9. RECOMMENDATION from Director Department of Public Works & Engineering for approval of final contract amount of $3,247,170.41 and acceptance of work on contract with ALLCO, INC for Sanitary Sewer Rehabilitation by Sliplining and Pipe Bursting Methods, WBS R-000266-0099-4 4.88% over the original contract amount - TAG Jones, Rodriquez

PURCHASING AND TABULATION OF BIDS - NUMBERS 10 through 14

10. KEETON CONTRACT SERVICES, INC for Painting the Exterior Roof Exhaust Ducts at George R. Brown Convention Center for the Convention & Entertainment Facilities Department $90,000.00 and contingencies for a total amount not to exceed $94,500.00 - Enterprise Fund - PASS

11. ORDINANCE appropriating $313,950.00 out of C & E Construction Fund for Seating Modifications for Talento Bilingue de Houston for Convention & Entertainment Facilities Department, WBS B ‑000123-0001-4 - PASS

a. RESICOM, INC for Seating Modifications for Talento Bilingue de Houston for Convention & Entertainment Facilities Department - $299,000.00 and contingencies for a total amount of $313,950.00 - PASS

12. QUADMED, INC - $595,049.82, CARDINAL HEALTH 220, INC - $468,274.74, MOORE MEDICAL, LLC - $567,406.81, AMBU, INC - $485,727.22, EMERGENCY MEDICAL PRODUCTS, INC - $106,173.84, HENRY SCHEIN, INC - $188,424.88 and EMS INNOVATIONS, INC - $79,182.00 for Medical and Emergency Medical Supplies for Fire Department $2,490,239.31 - General Fund - PASS

13. STANBIO LABORATORY for Hemoglobin 201 Analyzers and Microcuvette Test Strips for the Health & Human Services Department - $488,400.00 - Grant Fund - PASS

14. FLINT TRADING, INC for Thermoplastic Pavement Marking Materials for Department of Public Works & Engineering - $1,148,984.00 minus a commission fee for Internet-based reverse auction services for a net award amount not to exceed $1,128,984.00 - General Fund - PASS

RESOLUTIONS AND ORDINANCES - NUMBERS 15 through 43

15. RESOLUTION approving and adopting a revised Investment Policy for the City of Houston - PASS

16. RESOLUTION approving the action of the City of Houston Higher Education Finance Corporation for issuance of its Higher Education Revenue Bonds (Rice University Project), Series 2008 - PASS

17. ORDINANCE AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to the parking of large vehicles in residential areas and on the streets - TAG Adams, Khan (as amended)

18. ORDINANCE finding and determining that public convenience and necessity no longer require the continued use of four water line easements (Parcels SY7-059A, SY7-059B, SY7-059C and SY7-059D), containing an aggregate of 0.3854 acre (16,786 square feet) of land, more or less, vacating and abandoning said easements to Houston Gulfgate Partners, L.P., in consideration of said owner’s payment of an aggregate amount of $71,341.00, and other consideration to the City - DISTRICT I – RODRIGUEZ - PASS

19. ORDINANCE finding and determining that public convenience and necessity no longer require the continued use of a 3,462 square foot, more or less, tract of excess fee-owned land within the Braeswood Water Well #1 Site C-116, adjacent to 5900 North Braeswood Boulevard, Houston, Texas 77074 (Parcel No. SY7-132), located in the Herman Aiken Survey, A-98, Harris County, Texas; vacating and abandoning said tract of land to Seven Acres Jewish Senior Care Services, Inc., abutting owner, in consideration of abutting owner’s conveyance to the City of a sanitary control easement over the entire area being sold (Parcel No. QY7-008), payment to the City of $17,310.00, and other consideration - DISTRICT C – CLUTTERBUCK - PASS

20. ORDINANCE consenting to the addition of 242.6810 acres of land to HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 386, for inclusion in its district - PASS

21. ORDINANCE consenting to the creation of HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 494 - DISTRICT E – SULLIVAN - PASS

22. ORDINANCE consenting to the creation of HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 496 - PASS

23. ORDINANCE consenting to the addition of 11.22 acres of land to HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 499, for inclusion in its district - DISTRICT E – SULLIVAN - PASS

24. ORDINANCE consenting to the addition of 93.38 acres of land to HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 499, for inclusion in its district - DISTRICT E – SULLIVAN - PASS

25. ORDINANCE consenting to the addition of 127.12 acres of land to HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 499, for inclusion in its district - DISTRICT E – SULLIVAN - PASS

26. ORDINANCE consenting to the creation of HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 521 - PASS

27. ORDINANCE consenting to the creation of HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 522 - PASS

28. ORDINANCE consenting to the addition of 13.51 acres of land to NORTHWOOD MUNICIPAL UTILITY DISTRICT NO. 1, for inclusion in its district - DISTRICT B – JOHNSON - PASS

29. ORDINANCE consenting to the addition of 5.926 acres of land to PORTER MUNICIPAL UTILITY DISTRICT, for inclusion in its district - PASS

30. ORDINANCE approving and authorizing contract between the City and the FAMILY CENTER OF HOPE to facilitate transition and relocation support for clients affected by Hurricanes Katrina and Rita - $80,000.00 - Grant Fund - PASS

31. ORDINANCE committing $975,000.00 in present and future Community Development Block Grant Funds as a cash match; approving and authorizing the acceptance of a grant from the U. S. Department of Housing and Urban Development (HUD) for Round 15 Lead-based Paint Hazard Control Program; declaring the City’s eligibility for such grant; authorizing the Director of the Health and Human Services Department to accept the grant and the grant funds, and to apply for and accept all subsequent awards, if any, pertaining to the grant - PASS

32. ORDINANCE approving and authorizing Loan Agreement between the City of Houston and VILLAGE OF ZION, LP, by and through its general partner TKNET, LLC, to provide a $500,000.00 Loan of Home Investment Partnerships Program (“HOME”) Funds to assist in financing land acquisition and the development of a 50-unit Senior Citizen Complex located at 3154 Gray Street, Houston, Texas - DISTRICT I - RODRIGUEZ - PASS

33. ORDINANCE approving and authorizing Lease Agreement between HOUSTON CHINESE CHURCH, as tenant, and the City of Houston, Texas, as landlord, for two parcels of land (RE-90 and RE-93) with an aggregate of 35,600 square feet of land, more or less, located at 10305 South Main, Houston, Harris County, Texas, to be use for parking - DISTRICT C - CLUTTERBUCK - PASS

34. ORDINANCE approving and authorizing contract between the City of Houston and ACORN HOUSING CORPORATION, INC to provide $155,000.00 in Community Development Block Grant Funds for Foreclosure Prevention Counseling Services – TAG Rodriquez

35. ORDINANCE approving and authorizing amendment to agreement between the City of Houston and STAR OF HOPE MISSION, to provide an additional $100,000.00 in Community Development Block Grant Funds for the Renovation of the Women and Family Emergency Shelter Facility located at 419 Dowling Street, Houston, Texas - DISTRICT I - RODRIGUEZ - PASS

36. ORDINANCE approving and authorizing Interlocal Agreement between the City of Houston and HARRIS COUNTY for Operation and Maintenance of Pinewood Village and Mary Withers Parks - DISTRICT B - JOHNSON - PASS

37. ORDINANCE approving and authorizing Utility Functions and Services Allocation Agreement between the City of Houston and HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 460 - DISTRICTS D - ADAMS and E - SULLIVAN - PASS

38. ORDINANCE amending Ordinance No. 2008-0126 to increase the maximum contract amount and approving and authorizing first amendment to contract between the City of Houston and MERRELL BROS., INC for Onsite Water Treatment Sludge Dewatering, Hauling and Disposal Services - $963,202.75 - Enterprise Fund - DISTRICT E - SULLIVAN - PASS

39. ORDINANCE appropriating $121,730.00 out of Street & Bridge Consolidated Construction Fund as an additional appropriation and approving and authorizing first amendment to Professional Architectural Services Contract between the City of Houston and HUITT-ZOLLARS, INC for Right-of-way and Fleet Maintenance Facilities Expansions (approved by Ordinance No. 2007-0949), WBS N-00653C-0001-3 - DISTRICTS H - GARCIA and I - RODRIGUEZ - PASS

40. ORDINANCE appropriating $3,567,000.00 out of Water & Sewer System Consolidated Construction Fund, awarded construction contract to MERIDIAN COMMERCIAL, L.P. for Air Handler Units Upgrade at 611 Walker, WBS R-000268-0058-4; 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 construction management, asbestos abatement project management, Civic Art Program, and contingencies relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund - DISTRICT I - RODRIGUEZ - PASS

41. ORDINANCE de-appropriating $3,659,297.21 out of Water & Sewer System Consolidated Construction Fund from Contract No. 4600006059 (as passed by Ordinance No. 2006-0654); appropriating $5,059,100.00 out of Water & Sewer System Consolidated Construction Fund, awarding contract to TEXAS STERLING CONSTRUCTION CO. for proposed 42-inch water line along Allum, Player and Tidewater from Hiram Clarke to Candleshade, WBS S-000900-00AE-4; 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, construction management, and contingencies relating to construction of facilities financed by the Water & Sewer System Consolidated Construction Fund - DISTRICT D - ADAMS - PASS

42. ORDINANCE No. 2008-355, passed second reading April 30, 2008

ORDINANCE granting to INLAND ENVIRONMENTS, LTD., a Texas Limited Partnership, 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; and making certain findings related thereto - THIRD AND FINAL READING - PASS

43. ORDINANCE No. 2008-356, passed second reading April 30, 2008

ORDINANCE granting to STANZ INTEGRATED CLEANING SOLUTIONS, a Texas Sole Proprietorship, 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; and making certain findings related thereto - THIRD AND FINAL READING - PASS

END OF CONSENT AGENDA

CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

NON CONSENT AGENDA - NUMBER 44

PURCHASING AND TABULATION OF BIDS

44. RECOMMENDATION from Purchasing Agent to make the following awards for Telephone Equipment and Accessories for Information Technology Department - $1,836,119.80 - Central Service Revolving Fund:

· CALL ONE, INC - $86,855.40

· CALENCE, LLC - $425,128.50

· GRAYBAR ELECTRIC - $240,419.60

· LIBERTY COMMUNICATIONS, INC - $173,462.00

· WALKERCOM, INC - $88,681.30

· TELECOM REMARKETING CORPORATION OF AMERICA, dba TRCA - $257,113.20

· COMTALK, INC - $506,259.80

COUNCIL DRAW LOTS

ITEM NOS. 25, 52, 110 and 111 due to receiving identical bids from LIBERTY COMMUNICATIONS, INC and COMTALK, INC in an amount of $60,200.00

MATTERS HELD - NUMBERS 45 and 46

45. ORDINANCE appropriating $689,912.00 out of Street & Bridge Consolidated Construction Fund, awarding contract to DEYAR BUILDERS, INC for Safe Sidewalk Program F2, WBS N-00610A-00F2-4; 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 Street & Bridge Consolidated Construction Fund - DISTRICT E - SULLIVAN

POSTPONED BY MOTION #2008-280, 4/23/08

This was Item 28 on Agenda of April 23, 2008

- PASS

46. ORDINANCE AMENDING SECTIONS 21-161, 21-164, and 21-166 OF THE CODE OF ORDINANCES, HOUSTON, TEXAS, relating to registration of air pollution sources; containing findings and other provisions relating to the foregoing subject; declaring certain conduct to be unlawful, providing affirmative defenses thereto and penalties therefor; containing a savings clause; providing for severability

TAGGED BY COUNCIL MEMBERS NORIEGA and CLUTTERBUCK

This was Item 13 on Agenda of April 30, 2008

- PASS

MATTERS TO BE PRESENTED BY COUNCIL MEMBERS - Council Member Garcia 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 4NHJ (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, MAY 6, 2008 at 1:30 p.m. and WEDNESDAY, MAY 7, 2008 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.