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City Council September 20, 2011 Agenda Packet
1. NOTICE OF A PUBLIC MEETING
AN AGENDA OF A REGULAR MEETING OF THE CITY COUNCIL
THE CITY OF SAN ANGELO, TEXAS
9:00 A.M. - Tuesday, September 20, 2011
McNease Convention Center, South Meeting Room
500 Rio Concho Drive
THE MCNEASE CONVENTION CENTER IS ACCESSIBLE TO PERSONS WITH DISABILITIES.
ACCESSIBLE ENTRIES AND SPECIALLY MARKED PARKING SPACES ARE AVAILABLE AT BOTH
MAIN ENTRANCES AT SURBER DRIVE AND RIO CONCHO DRIVE. IF ADDITIONAL ASSISTANCE
IS NEEDED TO OBSERVE OR COMMENT, PLEASE NOTIFY THE OFFICE OF THE CITY CLERK,
ROOM 202, CITY HALL, 657-4405, AT LEAST 24 HOURS PRIOR TO THE MEETING.
City Council meetings are broadcast on Channel 17-Government Access at 10:30 A.M. and 6:30 P.M. every
day for two weeks beginning on the Thursday after each meeting.
As a courtesy to those in attendance, please place your cell phone on “Silent” or “Vibrate”
Thank You!
I. OPEN SESSION (9:00 A.M.)
A. Call to Order
B. Prayer and Pledge
"Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible.”
C. Public Comment
The Council takes public comment on all items in the Regular Agenda. Public input on a Regular Agenda
item will be taken at its appropriate discussion. Public input on an item not on the Agenda or Consent
Agenda may be identified and requested for consideration by the Council at this time. The Council may
request an item to be placed on a future agenda, or for a Consent Agenda item, to be moved to the Regular
Agenda for public comment.
II. CONSENT AGENDA
1. Consideration of approving the September 6, 2011 City Council Regular meeting minutes
2. Consideration of awarding bid REC-02-11 for Food Products for Senior Services Nutrition Program to Ben
E. Keith (Abilene, TX) in the amount of $83,833.57 as the primary vendor and to Performance Food Service
as the secondary (Temple, TX) in the amount of $85,915.49; and authorizing the City Manager or his
designee to execute any necessary related documents
3. Consideration of adopting a Resolution by the San Angelo City Council accepting the U.S.
Department of Justice FY 2011 Justice Assistance Grant in the sum of Thirty-Three Thousand Six
Hundred Twenty-Nine and NO/100 Dollars ($33,629.00), and authorizing the City Manager or his
designee to execute such grant award and related documents as may be necessary or convenient for
acceptance of the grant
4. Consideration of ratifying a Resolution of the City of San Angelo Development Corporation
acknowledging the critical water supply and water quality needs of the state of Texas and of the
communities of West Texas, the infrastructure required to meet those needs, the necessity for cost
effective programs to assist local government in financing water related projects, the effectiveness of
City Council Agenda Page 1 of 5 September 20, 2011
2. financing opportunities offered by the Texas Water Development Board, and supporting proposition 2,
a proposed Texas constitutional amendment providing for water financial assistance bonds
5. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-11: ATMOS Energy
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 1730 North Main Street, an approximately 2.6 acre tract of
property formed by segments of surveys, bordered by North Emerick Street on the west, East 18th
Street on the north, North Main Street on the east, and East 14th Street on the south, in north central
San Angelo, changing the zoning classification from Neighborhood Commercial (CN) to Planned
Development (PD) District for a combination of office, aggregate and materials storage, accessory
parking, and contractor usage; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
6. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-13: City of San Angelo
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 501 Rio Concho Drive, a roughly 9.1-acre tract at the
northwest corner of Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the
south 357’) and a segment of the north part (a portion of River Drive) of the Fort Concho River Lots
Addition, changing the zoning classification from Single Family Residential (RS-1) to Planned
Development (PD) District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
7. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-14: City of San Angelo Planning Commission
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: Area generally bounded by North Oakes Street on the west,
East/West 3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the
south, in addition to one block generally bounded by Gillis Street on the west, West 2nd Street on the
north, North Irving Street on the west, and West 1st Street on the south, changing the zoning
classification from Multi-Familiy Residence and General Commercial/Heavy Commercial, (RM-1 and
CG/CH) to Central Business District (CB) District; PROVIDING FOR SEVERABILITY AND
PROVIDING A PENALTY
8. Second Hearing and consideration of adoption of an Ordinance amending Chapter 12, Exhibit “A”
(Zoning Ordinance) of the Code of Ordinances, City of San Angelo
Z 11-16: First National Bank
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS
City Council Agenda Page 2 of 5 September 20, 2011
3. ZONING REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 1814 Ward Street, about 122’ southeast from the intersection
of Ward Street and Pecos Street. An approximately 0.0845 acre tract (specifically Lot 14 and a 36’
section out of the abutting Lots of 15 and 13, Dawson-Eddiemann subdivision), in central San Angelo,
changing the zoning classification from Two-Family Residence (RS-2) to Office Commercial (CO)
District; PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
III. REGULAR AGENDA:
F. EXECUTIVE/CLOSED SESSION
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of real
property
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.071 to consult with attorney on a matter in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with this chapter
Executive Session under the provision of Government Code, Title 5. Open Government; Ethics, Subtitle
A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to Requirement that
Meetings be Open, Section 551.087 to discuss an offer of financial or other incentive to a company or
companies with whom the City of San Angelo is conducting economic development negotiations and
which the City of San Angelo seeks to have, locate, stay or expand in San Angelo
G. PUBLIC HEARING AND COMMENT
9. Presentation of Downtown San Angelo 2nd Quarterly Report and any action in connection thereto
(Presentation by DSA Executive Director Genora Young)
10. Discussion and authorization to rename 50th Street and any action in connection thereto
(Requested by Councilmember Morrison and presentation by City Engineer Clinton Bailey)
11. Consideration of approving recommended changes to the Community & Housing Support Housing
Guidelines for CDBG and HOME housing programs and any action in connection thereto
(Presentation by Neighborhood and Family Services Director Bob Salas)
12. Consideration of allowing placement of a freestanding sign within public right-of-way at 37 East
Harris Avenue (First Baptist Church), as addressed in Chapter 12 Section 12.617.1.E of the City of
San Angelo’s Code of Ordinances
(Presentation by Community and Economic Development Director Shawn Lewis)
13. First Public Hearing and consideration of introduction of an Ordinance authorizing abandonment of
public right-of-way around City Hall in downtown San Angelo,
AN ORDINANCE PROVIDING FOR THE ABANDONMENT AND CLOSING OF THE
FOLLOWING STREET SEGMENT, TO WIT: A 201’ x 20’ alley segment extending NE from Farr
Street, approximately 106’ NE from the intersection of Farr Street and West 1st Street; 199’ x 32’
strip of property immediately adjacent to and south of West 2nd Street, beginning at the SE corner of
the intersection of West 2nd & Farr Streets, and extending NE; A 80’ x 218’ tract of property between
the eastern and western segments of City Hall Plaza with West 1st Street and south of the intersection
of North Irving and West 1st Streets, and including a 236’ segment of West 1st Street and an 83’
City Council Agenda Page 3 of 5 September 20, 2011
4. segment of City Hall Plaza; A 32’ x 215’ segment of City Hall Plaza, extending north from its
intersection with West College Avenue, immediately east of City Hall; A 29’ x 70’ segment of Irving
Street extending north from its intersection with West 1st Street, immediately north of City Hall; A
36’ x 93’ segment of West 1st Street, extending west from its intersection with Gillis Street,
immediately north of City Hall; A 101’ x 56’ tract of property between the western segment of City
Hall Plaza and Gillis Street in downtown San Angelo; AUTHORIZING THE CONVEYANCE
THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TERMS AND
CONDITIONS OF ABANDONMENT AND CONVEYANCE; AND PROVIDING FOR THE
MAYOR TO EXECUTE AND DELIVER A QUIT CLAIM DEED TO THE ABUTTING
PROPERTY OWNERS
(Presentation by Community and Economic Development Director Shawn Lewis)
14. Consideration of a request to allow an attached sign larger than the maximum 16 square feet as
allowed in Section 12.604(b)(2)(C)(iv) of San Angelo’s Sign Ordinance, to permit an approximately
18 square foot attached sign to be located at 221 South Chadbourne Street
(Presentation by Community and Economic Development Director Shawn Lewis)
15. Second Public Hearing and consideration of adoption of an Ordinance levying property taxes for the
City of San Angelo for the 2011 tax year:
AN ORDINANCE LEVYING TAXES AND PROVIDING FOR THE ASSESSMENT AND
COLLECTION THEREOF AND PROVIDING FOR EXEMPTIONS, IN AND FOR THE CITY OF
SAN ANGELO, TEXAS, FOR THE 2011-2012 BUDGET YEAR
(Presentation by Finance Director Michael Dane)
16. First Public hearing and consideration of introduction of an Ordinance Amending Fire Department
Staffing Positions
AN ORDINANCE AMENDING CHAPTER 2 ENTITLED “ADMINISTRATION” OF THE CODE
OF ORDINANCES OF THE CITY OF SAN ANGELO BY AMENDING ARTICLE 2.1500,
ENTITLED “CLASSIFIED SERVICE,” SECTION 2.1502, ENTITLED “CLASSIFICATION
PLAN,” PARAGRAPH (b), ENTITLED “STAFFING LEVELS,” SUBPARAGRAPH (1)(A),
ENTITLED “FIRE DEPARTMENT,” TO CHANGE THE NUMBER OF AUTHORIZED
POSITIONS FOR THE FIRE DEPARTMENT BY INCREASING THE NUMBER OF FIRE
LIEUTENANT FROM EIGHTEEN (18) TO TWENTY (20), AND DECREASING THE NUMBER
OF FIRE FIGHTER FROM NINETY-FIVE (95) TO NINETY-ONE (91), SAID CHANGE TO BE
EFFECTIVE ON OCTOBER 4, 2011 AND; PROVIDING FOR SEVERABILITY, AND
PROVIDING EFFECTIVE DATES
(Presentation by Fire Chief Brian Dunn)
17. Discussion of stormwater quality data collected during August 13, 2011 storm event
(Presentation by City Engineer Clinton Bailey)
18. Discussion, review, and possible action on the Water Conservation/Drought Contingency Plan options
(Presentation by Water Utilities Director Will Wilde)
19. Discussion and possible action on the consolidation of various City’ Boards and Commissions
a. Parks & Recreation
b. Community & Economic Development Planning
(Presentation by City Manager Harold Dominguez and related City Board’s Liaisons)
20. Consideration of adopting a Resolution designating polling places within the election precincts within
the City of San Angelo, Texas for elections ordered; providing for pre-clearance and all other
necessary actions; and providing for an effective date
City Council Agenda Page 4 of 5 September 20, 2011
5. (Presentation by City Clerk Alicia Ramirez)
21. Discussion and possible action regarding employee alternate work schedule
(Presentation by Human Resources Director Lisa Marley)
22. Presentation and discussion on the format of the Water Utility Statement and any action in connection
thereto
(Presentation by Water Utilities Director Will Wilde)
23. Consideration of designating a marker name, to wit: Hughes Point, at Lake Nasworthy at the end of
Camper Road as Hughes Point
(Requested by Councilmember Farmer and presentation by City Manager Harold Dominguez)
24. Discussion and consideration of offering financial, technical, and related (personnel, and equipment)
assistance to rural fire departments and any action in connection thereto
(Requested by Councilmember Hirschfeld and presentation by Councilmember Farmer)
25. Discussion of Council Policy and Procedure For Meetings
(Requested by Councilmember Morrison)
H. FOLLOW UP AND ADMINISTRATIVE ISSUES
26. Consideration of matters discussed in Executive/Session, if needed
27. Consideration of Future Agenda Items
28. Adjournment
Given by order of the City Council and posted in accordance with Title 5, Texas Government Code, Chapter
551, Friday, September 16, 2011, at 5:00 P.M.
/s/________________________
Alicia Ramirez, City Clerk
City Council Agenda Page 5 of 5 September 20, 2011
6. CITY COUNCIL MINUTE RECORD
The City of San Angelo Page 1
Tuesday, September 6, 2011 Vol. 103
OPEN SESSION
BE IT REMEMBERED City Council convened in a regular meeting at 9:04 A.M., Tuesday, September 6, 2011,
in the San Angelo McNease Convention Center, 500 Rio Concho Drive, San Angelo, Texas. All duly
authorized members of the Council, to-wit:
Mayor, Alvin New
Councilmember Paul Alexander
Councilmember Dwain Morrison
Councilmember Johnny Silvas
Councilmember Fredd B. Adams, II
Councilmember Kendall Hirschfeld
Councilmember Charlotte Farmer
were present and acting, with the exception of Councilmember Adams, thus constituting a quorum.
Whereupon, the following business was transacted:
An invocation was given by Councilmember Morrison and pledge was led by Gracie Wilson, 6th Grader at Lee
Middle School, and daughter of Anthony Wilson, Civic Events Manager.
PROCLAMATION AND RECOGNITIONS
“Day of Community Prayer for the Success of the 2011 United Way Campaign in the Concho Valley”, was
accepted by Donna Brosh, Campaign Director for the United Way of the Concho Valley and Samantha Batten-
Crumrine, Administrative Assistant for the United Way of the Concho Valley.
“Consider Compassion, 2011 Season of Peace”, was accepted by Ambassadors of Peace representatives.
“Constitution Week Sept. 18-24, 2011”, was accepted by Shirley Huntley Dobson, Second Vice Regent,
Pocahontas Chapter, National Society Daughters of the American Revolution.
“Adopt a Shelter Pet Month”, September 2011, was accepted by Mary Golder, Board Member, Morgan Trainer,
Pet Foster Parent, and Caitlin Wylie, Pet Foster Parent.
Kenneth C. Landon, Director of the International Waterlily Collection at San Angelo, Texas, and creator of the
beautiful waterlily, Nymphaea “Texas Dawn”; and, on April 26, 2011, the 82nd Legislature of the State of
Texas formally designated Nymphaea “Texas Dawn” as the official waterlily of the State of Texas
“Mariachi Alma Mexicana, 10th Anniversary”, was accepted by Tommy Navarro and Mercy Perez, Sponsors of
Mariachi Alma Mexicana.
PUBLIC COMMENT
Public comments were made by citizen Allan Priest.
CONSENT AGENDA
APPROVAL OF THE AUGUST 30, 2011 CITY COUNCIL REGULAR MEETING MINUTES
ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE TAX DEED FOR THE
SALE OF TAX LOT NEXT TO 324 E 12TH STREET, (GARCIA), 36 ½’ X 117’ O/O, M. HIMMER
SURVEY #321, MILES ADDITION, $1,300, SUIT NO. TAX91-0211B (ANNEX A, PAGE 9,
7. Page 2 Minutes
Vol. 103 September 6, 2011
ORDINANCE #2011-09-091R)
APPROVAL OF RENTAL LEASES FOR WOMEN, INFANT’S AND CHILDREN’S SUPPLEMENTAL
NUTRITION PROGRAM (WIC) CLINIC SPACES IN BALLINGER AND COLEMAN, TEXAS
ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN ANGELO, TEXAS,
ACKNOWLEDGING THE CRITICAL WATER SUPPLY AND WATER QUALITY NEEDS OF THE
STATE OF TEXAS AND OF THE COMMUNITIES OF WEST TEXAS, THE INFRASTRUCTURE
REQUIRED TO MEET THOSE NEEDS, THE NECESSITY FOR COST EFFECTIVE PROGRAMS TO
ASSIST LOCAL GOVERNMENT IN FINANCING WATER RELATED PROJECTS, THE
EFFECTIVENESS OF FINANCING OPPORTUNITIES OFFERED BY THE TEXAS WATER
DEVELOPMENT BOARD, AND SUPPORTING PROPOSITION 2, A PROPOSED TEXAS
CONSTITUTIONAL AMENDMENT PROVIDING FOR WATER FINANCIAL ASSISTANCE BONDS
(ANNEX B, PAGE 11, ORDINANCE #2011-09-092R)
ADOPTION OF A RESOLUTION ACCEPTING THE FEDERAL AVIATION ADMINISTRATION’S FY-
2011 GRANT NO. 3-48-0191-032-2011 ESTIMATED AT $1,089,278.00 FOR PROJECT COSTS FOR
TERMINAL BUILDING IMPROVEMENTS, AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO NEGOTIATE AND EXECUTE A GRANT AGREEMENT THEREFORE, INCLUDING
PROVISION OBLIGATING THE CITY OF SAN ANGELO TO PAY UP TO 5% OF PROJECT COSTS
FUNDED BY THE GRANT, NOT TO EXCEED $54,464.00; AND, PROVIDING AN EFFECTIVE DATE
(ANNEX C, PAGE 13, ORDINANCE #2011-09-093R)
ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE AN AMENDMENT TO THE CITY OF SAN ANGELO PARS SECTION 457 RICA
ALTERNATIVE RETIREMENT PLAN TO COMPLY WITH RECENT LEGISLATION AND
REGULATIONS APPLICABLE TO THE PLAN, AND TO TAKE SUCH ADDITIONAL ACTIONS
NECESSARY TO MAINTAIN THE CITY’S PARTICIPATION IN PARS AND TO MAINTAIN PARS
COMPLIANCE WITH APPLICABLE REGULATIONS ISSUED OR AS MAY BE ISSUED (ANNEX D,
PAGE 15, ORDINANCE #2011-09-094R)
ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
NEGOTIATE AND EXECUTE A PUBLIC TRANSPORTATION MASTER GRANT AGREEMENT;
RATIFYING THE EXECUTION OF THE PUBLIC TRANSPORTATION MASTER GRANT
AGREEMENT; APPROVING THE TERMS AND CONDITIONS OF THE MASTER GRANT
AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE (ANNEX E, PAGE 17, ORDINANCE #2011-
09-095R)
SECOND HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
(ANNEX F, PAGE 19, ORDINANCE #2011-09-096)
Z 11-10: San Angelo Planning Commission
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: lot at northwest corner of Country Club Road and US Hwy 277,
specifically 8.614 acres of the J. Burkhardt Subdivision, abstract number 0037, changing the zoning
classification from a Single-Family Residential (RS-1) to a Neighborhood Commercial (CN) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
8. Minutes Page 3
September 6, 2011 Vol. 103
Councilmember Farmer commented on two clarifications to minutes. Council concurred to the changes
within the minutes.
Motion, to approve the Consent Agenda, as presented and amended, was made by Councilmember Silvas and
seconded by Councilmember Hirschfeld. Motion carried unanimously.
REGULAR AGENDA: PUBLIC HEARING AND COMMENT
PRESENTATION BY THE AQUA SQUAD STUDENT GROUP
The Student Group and Christy Youker, PhD, Education Director for the Upper Colorado River Authority
presented background information.
SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY OF SAN ANGELO
APPROVING AND ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2011, AND ENDING SEPTEMBER 30, 2012; ADOPTING EMPLOYEE COMPENSATION SCHEDULES;
PROVIDING FOR THE GENERAL APPROPRIATION OF FUNDS; RESERVING UNTO THE CITY
COUNCIL THE AUTHORITY TO TRANSFER APPROPRIATIONS BUDGETED; RATIFYING
TRANSFERS OF APPROPRIATIONS OCCURRING IN THE 2010-2011 FISCAL YEAR AND
AMENDING THAT BUDGET ORDINANCE ACCORDINGLY; RESERVING UNTO THE CITY
COUNCIL THE POWER, ONLY AS PERMITTED BY LAW, TO AMEND OR MAKE CHANGES IN THE
BUDGET FOR MUNICIPAL PURPOSES; PROVIDING AUTHORITY FOR THE CITY MANAGER OR
HIS DESIGNEE TO MAKE CERTAIN ADJUSTMENTS FROM TIME TO TIME IN OR BETWEEN
BUDGETED ALLOCATIONS; AND, PROVIDING FOR FILING OF THE BUDGET (ANNEX G, PAGE
23, ORDINANCE #2011-09-097)
THIS BUDGET WILL RAISE LESS TOTAL PROPERTY TAXES THAN LAST YEAR’S BUDGET BY
$163,572.00 (-0.60%), AND OF THAT AMOUNT, $530,877.00 IS TAX REVENUE TO BE RAISED FROM
NEW PROPERTY ADDED TO THE ROLL THIS YEAR
Finance Director Michael Dane presented background information. He explained corrections to the exhibit
statements.
Public comment was made by Citizen Allen Priest.
Motion, to adopt the Ordinance, was made by Councilmember Farmer and seconded by Councilmember
Hirschfeld. Motion carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE LEVYING PROPERTY TAXES
FOR THE CITY OF SAN ANGELO FOR THE 2011 TAX YEAR:
AN ORDINANCE LEVYING TAXES AND PROVIDING FOR THE ASSESSMENT AND COLLECTION
THEREOF AND PROVIDING FOR EXEMPTIONS, IN AND FOR THE CITY OF SAN ANGELO, TEXAS,
FOR THE 2011-2012 BUDGET YEAR
Finance Director Michael Dane presented background information.
Motion, to introduce the Ordinance, was made by Councilmember Morrison and seconded by Councilmember
Silvas. Motion carried unanimously.
SECOND PUBLIC HEARING AND ADOPTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
(ANNEX H, PAGE 31, ORDINANCE #2011-09-098)
Z 11-09: City of San Angelo
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
9. Page 4 Minutes
Vol. 103 September 6, 2011
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: lot located on the northeast corner of Knickerbocker Road and
American Legion Road, specifically Lot 1 and a portion of an abandoned alley in Block C in the Lake
Nasworthy Subdivision, changing the zoning classification from a Single-Family Residential (RS-1) to a
Neighborhood Commercial (CN) District; PROVIDING FOR SEVERABILITY AND PROVIDING A
PENALTY
Planning Manager AJ Fawver presented background information.
Motion, to adopt the Ordinance, was made by Councilmember Farmer and seconded by Councilmember
Alexander.
Public comments were made by Citizens Richard and Donna Crisp of 1911 Cove Road, Gary Cox, Charlotte
Ruffenacht, and Peg Finnegan.
A vote was taken on the motion on the floor. Motion carried unanimously.
RECESS
At 10:26 A.M., Mayor New called a recess.
RECONVENE
At 10:36 A.M., Council reconvened, and the following business was transacted:
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 11-11: ATMOS Energy
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 1730 North Main Street, an approximately 2.6 acre tract of property
formed by segments of surveys, bordered by North Emerick Street on the west, East 18th Street on the north,
North Main Street on the east, and East 14th Street on the south, in north central San Angelo, changing the
zoning classification from Neighborhood Commercial (CN) to Planned Development (PD) District for a
combination of office, aggregate and materials storage, accessory parking, and contractor usage; PROVIDING
FOR SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplemental minute record.
General discussion was held on the type of fencing and whether such should be wood or metal, the security
concern of based on the type of fencing, and the comparison of type of fencing to other surrounding neighbors,
specifically the nearby retirement community.
Public comment was made by Atmos Representative Shelley Burnett.
Motion, to introduce the Ordinance, as presented and amended to replace the verbiage “wooden fence” with
“privacy fence”, was made by Councilmember Hirschfeld and seconded by Councilmember Morrison. Motion
carried unanimously.
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
10. Minutes Page 5
September 6, 2011 Vol. 103
Z 11-13: City of San Angelo
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 501 Rio Concho Drive, a roughly 9.1-acre tract at the northwest corner
of Rio Concho & Surber Drives, specifically occupying Lots 17 & 18 (except the south 357’) and a segment of
the north part (a portion of River Drive) of the Fort Concho River Lots Addition, changing the zoning
classification from Single Family Residential (RS-1) to Planned Development (PD) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplemental minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Morrison and seconded by
Councilmember Hirschfeld.
General discussion was made on how the special conditions are tracked, staff audit procedure to ensure
compliance is conducted throughout the fiscal year, and possibly adding other requirements to the proposed
conditions.
A vote was taken on the motion on the floor. AYE: Alexander, Morrison, and Hirschfeld. NAY: New, Silvas,
and Farmer. Motion tied 3-3.
General discussion was held on the adding further restrictions, specifically to include a 100’ foot setback from
the property line on the west and south side should storage facilities be installed.
Motion, to introduce, as presented, with the additional special use condition to include a 100’ foot setback for
any storage from the western and southern part of the location, was Mayor New and seconded by
Councilmember Silvas. Motion carried unanimously.
FIRST PUBLIC HEARING AND CONSIDERATION OF INTRODUCTION OF AN ORDINANCE
AMENDING CHAPTER 12, EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO
Z 11-14: City of San Angelo Planning Commission
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: Area generally bounded by North Oakes Street on the west, East/West
3rd Street on the north, Gillis Street on the west, and East/West College Avenue on the south, in addition to one
block generally bounded by Gillis Street on the west, West 2nd Street on the north, North Irving Street on the
west, and West 1st Street on the south, changing the zoning classification from Multi-Familiy Residence and
General Commercial/Heavy Commercial, (RM-1 and CG/CH) to Central Business District (CB) District;
PROVIDING FOR SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplemental minute record.
Motion, to introduce the Ordinance, as presented, was made by Councilmember Silvas and seconded by
Councilmember Farmer. Motion carried unanimously.
11. Page 6 Minutes
Vol. 103 September 6, 2011
FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 12,
EXHIBIT “A” (ZONING ORDINANCE) OF THE CODE OF ORDINANCES, CITY OF SAN ANGELO
Z 11-16: First National Bank
AN ORDINANCE AMENDING CHAPTER 12, EXHIBIT “A” OF THE CODE OF ORDINANCES, CITY
OF SAN ANGELO, TEXAS, WHICH SAID EXHIBIT “A” OF CHAPTER 12 ADOPTS ZONING
REGULATIONS, USE DISTRICTS AND A ZONING MAP, IN ACCORDANCE WITH A
COMPREHENSIVE PLAN, BY CHANGING THE ZONING AND CLASSIFICATION OF THE
FOLLOWING PROPERTY, TO WIT: 1814 Ward Street, about 122’ southeast from the intersection of Ward
Street and Pecos Street. An approximately 0.0845 acre tract (specifically Lot 14 and a 36’ section out of the
abutting Lots of 15 and 13, Dawson-Eddiemann subdivision), in central San Angelo, changing the zoning
classification from Two-Family Residence (RS-2) to Office Commercial (CO) District; PROVIDING FOR
SEVERABILITY AND PROVIDING A PENALTY
Planning Manager AJ Fawver presented background information. A copy of the presentation is part of the
permanent supplemental minute record.
Motion, to introduce the Ordinance, was made by Councilmember Hirschfeld and seconded by Councilmember
Morrison.
General discussion was held on the use of the building and noted the current use was not conducive for
residential purposes.
A vote was taken on the motion on the floor. Motion carried unanimously.
ACCEPTANCE OF THE PHASE II OF THE HISTORIC RESOURCES SURVEY
Planning Manager AJ Fawver and Preservation Consultant Mary Saltarelli presented background information. A
copy of the presentation is part of the permanent supplemental minute record.
General discussion was held on the recommendations by the consultant and the Historic Preservation
Committee; the action required to accept the document and noting that further action would be required to
designate the proposed properties based on the various recommendations by the related boards; and once
accepted, staff would with the various proposed recommendations one at a time.
Councilmember Hirschfeld advised that he may have a conflict of interest and may be required to abstain from
the vote. City Attorney Lysia H. Bowling advised him to complete and submit the form.
Motion, to accept the non-binding recommendations, as presented, was made by Councilmember Alexander and
seconded by Councilmember Farmer. Motion carried unanimously.
TABLING OF THE DISCUSSION, REVIEW, AND POSSIBLE ACTION ON THE WATER
CONSERVATION/DROUGHT CONTINGENCY PLAN OPTIONS
Motion, to table the item, was made by Councilmember Farmer and seconded by Councilmember Morrison.
Motion carried unanimously.
TABLING OF THE FIRST PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE
AMENDING THE WATER CONSERVATION/DROUGHT CONTINGENCY PLAN
AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 11.200 OF THE CODE OF ORDINANCES,
CITY OF SAN ANGELO, TEXAS, ENTITLED “WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN”, BY REPEALING ARTICLE 11.200 IN ITS ENTIRETY, AND ADOPTING A
NEW ARTICLE 11.200; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE
12. Minutes Page 7
September 6, 2011 Vol. 103
Motion, to table the item, was made by Councilmember Farmer and seconded by Councilmember Morrison.
Motion carried unanimously.
EXECUTIVE/CLOSED SESSION
At 12:30 P.M., Council convened in Executive Session under the provision of Government Code, Title 5. Open
Government; Ethics, Subtitle A. Open Government, Chapter 551. Open Meetings, Subchapter D. Exceptions to
Requirement that Meetings be Open, Section 551.072 to deliberate the purchase, exchange, lease, or value of
real property and Section 551.087 to discuss an offer of financial or other incentive to a company or companies
with whom the City of San Angelo is conducting economic development negotiations and which the City of San
Angelo seeks to have, locate, stay or expand in San Angelo
RECESS
At 2:29 P.M., Mayor New called a recess.
RECONVENE
At 2:29 P.M., Council reconvened, and the following business was transacted:
OPEN SESSION (continued)
At 2:36 P.M. City Council concluded the Executive/Closed Session whereupon the following business was
transacted:
PUBLIC HEARING AND COMMENT
PRESENTATION AND UPDATE ON THE EMPLOYEE WELLNESS PROGRAM AND DIRECTION
FROM CITY COUNCIL ON HOW TO ADDRESS NON-PARTICIPATION IN THE HEALTH RISK
ASSESSMENT (HRA) AND HEALTH SCREENING WELLNESS PROGRAM
Human Resources Director Lisa Marley presented background information. A copy of the presentation is part
of the permanent supplemental minute record.
General discussion was held on the pilot committee, the perception of penalizing someone for not participating
in the program, and the ownership of the survey information and data submitted. Ms. Marley explained the
provider, and not the City, was the sole owner of the information.
Council directed staff to apply a 20% premium increase to those non-participative employees in the HRA.
PRESENTATION AND UPDATE ON THE EARLY RETIREE REINSURANCE PROGRAM (ERRP)
Human Resources Director Lisa Marley presented background information. A copy of the presentation is part
of the permanent supplemental minute record.
TABLING OF THE CONSOLIDATION OF VARIOUS CITY’ BOARDS AND COMMISSIONS
Parks & Recreation
Development Services
Council suggested tabling the item to the next meeting.
Motion, to table the time, was made by Councilmember Hirschfeld and seconded by Councilmember Farmer.
Motion carried unanimously.
FOLLOW UP AND ADMINISTRATIVE ISSUES
CONSIDERATION OF MATTERS DISCUSSED IN EXECUTIVE/CLOSED SESSION
No action was taken on matters discussed in Executive/Closed Session.
13. Page 8 Minutes
Vol. 103 September 6, 2011
CONSIDERATION OF FUTURE AGENDA ITEMS
City Manager Harold Dominguez distributed the proposed September 20, 2011 Agenda and solicited Council
comments and suggestions.
ADJOURNMENT
Motion, to adjourn, was made by Councilmember Morrison and seconded by Councilmember Hirschfeld.
Motion carried unanimously.
The meeting adjourned at 2:41 P.M.
THE CITY OF SAN ANGELO
___________________________________
Alvin New, Mayor
ATTEST:
_______________________________
Alicia Ramirez, City Clerk
Annexes A-H
In accordance with Chapter 2, Article 2.300, of the Official Code of the City of San Angelo, the minutes of this
meeting consist of the preceding Minute Record and the Supplemental Minute Record. Details on Council
meetings may be obtained from the City Clerk’s Office or a video of the entire meeting may be purchased from
the Public Information Officer at 481-2727. (Portions of the Supplemental Minute Record video tape recording
may be distorted due to equipment malfunction or other uncontrollable factors.)
14. City of San Angelo
Memo
Date: September 16, 2011
To: Mayor and Councilmembers
From: LaRonda Trammel, Recreation Supervisor – Senior Division
Subject: Agenda Item for September 20, 2011 Council Meeting
Contact: LaRonda Trammel
Caption: Consent
Consideration of awarding “Rec-02-11” Food Products for Senior Services
Nutrition program authorizing the Mayor or City Manager to execute any
necessary related documents
Summary: Award of bid will be for six months with an option to extend for six months if
agreeable to both parties for various food supplies under the Senior Services
nutrition program. The program provides a hot meal for lunch at the at the Santa
Fe Crossing Senior Center, Christian Village, and Plaza Del Sol #2.
History: The Nutrition Program has been in existence for 34 years providing meals to
seniors of the community. The federal program allows the participants an
opportunity to donate based on their ability; the only criteria is that you must be 60
years of age and complete the required paperwork.
Financial Impact: Funding is in the FY2011-2012 budget. The Area Agency on Aging of the Concho
Valley purchases a set number of meals, which covers the food cost and the cost
related to the preparation. Contributions and the general fund dollars cover the
meals that are not funded under the Title III C-1, Congregate. The allocated
amount for raw food proposed in FY2011-2012 budget is $87,386. Year-to-date
actual general fund dollars contributed to the program is $78,091.
Related Vision Item n/a
(if applicable):
Other Information/ Staff recommends the bid be awarded to Ben E. Keith based on the fact that the
Recommendation: majority of the lowest priced items were proposed by Ben E. Keith and they
provide menus that meet the state requirements. Request Performance
Foodservice be the secondary vendor for items. Attached is the proposed cost per
item.
Attachments: Bid Tabulation
Presentation: None
Publication: None
Reviewed by Carl White, Parks & Recreation, August 31, 2011
Director:
Approved by Legal:
24. Payment Discount:
Authorized Signature
Date
Y:COUNCILElectronic Agendas201109-20-11PUR REC-02-11 BID TAB- rev Page 10 of 10
25. City of San Angelo
Memo
Date: 8/26/11
To: Mayor and Councilmembers
From: Chief Tim Vasquez
Subject: Agenda Item for September 20, 2011 Council Meeting
Contact: Chief Tim Vasquez, 657-4336
Caption: Consent Item
Consideration of adopting a Resolution by the San Angelo City Council
accepting the U.S. Department of Justice FY 2011 Justice Assistance Grant in
the sum of Thirty-Three Thousand Six Hundred Twenty-Nine and NO/100
Dollars ($33,629.00), and authorizing the City Manager or his designee to
execute such grant award and related documents as may be necessary or
convenient for acceptance of the grant
Summary: The U.S. Department of Justice announced that the City of San Angelo Police
Department has been awarded funds from the FY 2011 Justice Assistance Grant. The grant is
designed to help fund state and local initiatives, technical assistance, training, personnel,
equipment, supplies, contractual support. The City of San Angelo and Tom Green County are
awarded $33,629 jointly from the grant. The funds are divided by the number of authorized
positions per department. The Police Department will receive $25,929 and the Tom Green County
Sheriff’s Office will receive $7,700. The San Angelo Police Department will purchase mobile
transportation units, digital cameras, and a camcorder. The Tom Green County Sheriff’s Office
will purchase emergency light systems for vehicles and portable radios.
History: The City and County have been receiving this grant since 2005. City Council
approved applying for this grant and the Interlocal Agreement between the City of San Angelo and
Tom Green County for this grant on July 5, 2011.
Financial Impact: Tom Green County and the City of San Angelo are awarded $33,629.
$7,700 is for the County to purchase emergency light systems for vehicles and portable radios.
The remaining $25,929 will be utilized by the Police Department to purchase mobile transportation
units, digital cameras, and a camcorder. There is no match requirement for this grant.
Related Vision Item (if applicable): N/A
Other Information/Recommendation: Staff recommends approval
Attachments: Grant Agreement and Resolution
Presentation: None
Publication: N/A
Reviewed by Director: Chief Tim Vasquez, Police Department, August 26, 2011
26. A RESOLUTION BY THE SAN ANGELO CITY COUNCIL ACCEPTING THE
U.S. DEPARTMENT OF JUSTICE FY 2011 JUSTICE ASSISTANCE GRANT
IN THE SUM OF THIRTY-THREE THOUSAND SIX HUNDRED TWENTY-
NINE AND NO/100 DOLLARS ($33,629.00), AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE SUCH GRANT AWARD AND
RELATED DOCUMENTS AS MAY BE NECESSARY OR CONVENIENT FOR
ACCEPTANCE OF THE GRANT
WHEREAS, the City of San Angelo applied for and has been awarded jointly with
Tom Green County a U.S. Department of Justice FY 2011 Edward Byrne Memorial Justice
Assistance Grant (JAG) in the amount of Thirty-Three Thousand Six Hundred Twenty-Nine
and No/100 Dollars ($33,629.00) for purposes of funding local initiatives, technical
assistance, training, personnel, equipment, supplies, and contractual support; and,
WHEREAS, the portion of the award to be received by the City of San Angelo is
Twenty-Five Thousand Nine Hundred Twenty-Nine and No/100 Dollars ($25,929.00); and,
WHEREAS, the grant application and award is recurring and has been accepted and
so utilized in the past:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN
ANGELO, TEXAS THAT:
That the award of the U.S. Department of Justice FY 2011 Justice Assistance Grant
jointly to the City of San Angelo and Tom Green County in the sum of Thirty-Three
Thousand Six Hundred Twenty-Nine and No/100 Dollars ($33,629.00), Twenty-Five
Thousand Nine Hundred Twenty-Nine and No/100 Dollars ($25,929.00) of which will be
received by the San Angelo Police Department, is hereby accepted. The City Manager or
his designee is hereby authorized to execute such grant award and related documents as
may be necessary or convenient to accept the grant funds and provide for their application
for the purposes stated.
PASSED and APPROVED THIS DAY OF , 2011.
CITY OF SAN ANGELO, TEXAS
ATTEST:
Alvin New, Mayor
Alicia Ramirez, City Clerk
APPROVED AS TO CONTENT APPROVED AS TO FORM
Tim Vasquez Lysia H. Bowling
Chief, San Angelo Police Department City Attorney
27. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs Washington, D.C. 20531
August 24, 2011
Mr. Harold Dominguez
City of San Angelo
115 W 1st Street
P.O. Box 1751
San Angelo, TX 76903
Dear Mr. Dominguez:
On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved
your application for funding under the FY 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local
Solicitation in the amount of $33,629 for City of San Angelo.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Carrie Booth, Program Manager at (202) 305-7426; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Denise O'Donnell
Director
Enclosures
28. Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington, D.C. 20531
August 24, 2011
Mr. Harold Dominguez
City of San Angelo
115 W 1st Street
P.O. Box 1751
San Angelo, TX 76903
Dear Mr. Dominguez:
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please see the website at http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
website at http://www.ojp.usdoj.gov/ocr/etfbo.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
29. Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant
program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. §§ 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
0690 or visit our website at http://www.ojp.usdoj.gov/ocr/.
Sincerely,
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst
30. Department of Justice
Office of Justice Programs
PAGE 1 OF 6
Bureau of Justice Assistance Grant
1. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2011-DJ-BX-3006
City of San Angelo
115 W 1st Street P.O. Box 1751 5. PROJECT PERIOD: FROM 10/01/2010 TO 09/30/2014
San Angelo, TX 76903
BUDGET PERIOD: FROM 10/01/2010 TO 09/30/2014
6. AWARD DATE 08/24/2011 7. ACTION
1A. GRANTEE IRS/VENDOR NO. 8. SUPPLEMENT NUMBER Initial
756000659 00
9. PREVIOUS AWARD AMOUNT $0
3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $ 33,629
Public Safety Equipment Project
11. TOTAL AWARD $ 33,629
12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
This project is supported under FY11(BJA - JAG) 42 USC 3750, et seq.
15. METHOD OF PAYMENT
GPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Denise O'Donnell Harold Dominguez
City Manager
Director
17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE
AGENCY USE ONLY
20. ACCOUNTING CLASSIFICATION CODES 21. KDJUGT1232
FISCAL FUND BUD. DIV.
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B DJ 80 00 00 33629
OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-88)
31. Department of Justice
Office of Justice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 2 OF 6
Grant
PROJECT NUMBER 2011-DJ-BX-3006 AWARD DATE 08/24/2011
SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OJP.
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.
OJP FORM 4000/2 (REV. 4-88)