JANUARY 31, 2012
COUNCIL CHAMBERS
8:30 a.m.
AND
LEGISLATIVE
REVIEW MEETING OF THE WHOLE
10th FLOOR
CONFERENCE ROOM
JANUARY 30, 2012
9:00 a.m.
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NOTICE OF CHANGE
IN STARTING TIME AND PROCEDURES EFFECTIVE IMMEDIATELY
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PLEASE NOTE THAT THE CITY COUNCIL
MEETING STARTS AT 8:30 A.M. AND PERSONS WISHING TO SIGN UP TO SPEAK ON THE
AGENDA MUST SIGN UP PRIOR TO 8:30 A.M.
NOTICE: At any time during the Council meeting, the
City Council may meet in executive session pursuant to Section 3.5A of the El
Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to
discuss items as permitted by law.
PLEASE NOTE: If items are scheduled for the Executive
Session, the Council will move to Executive Session at 12:00 p.m. (noon) for
the consideration of those items, or will hear the items at the end of the
agenda or as determined by the Presiding Officer, whichever occurs first.
ROLL CALL
INVOCATION BY: CIMA CHAPLAIN Carlos Clugy-Soto
PLEDGE OF ALLEGIANCE
Mayor’s
PrOCLAMATIONS
1.
Black History Month
2.
WICKED Days in
RECOGNITION:
CITY
EMPLOYEES
CALL TO THE PUBLIC – PUBLIC COMMENT
This time is reserved for members of
the public who would like to address the City Council on items that are not on
the City Council Agenda.
A
sign-up form is available on line at https://www.elpasotexas.gov/muni_clerk/contact_public.asp
for those who wish to sign up in advance of the meeting date and a sign-up form
is available outside the City Council Chambers at the City Clerk table for
those who wish to sign up on the day of the meeting.
NOTICE:
Requests
to speak must be received by 8:30 a.m.
on the date of the meeting.
30
Minutes total is allotted for speakers.
Three
to five minutes may be allowed for each speaker.
NOTICE TO THE PUBLIC
All matters listed
under the CONSENT AGENDA, including those on the Addition to the Agenda, will
be considered by City Council to be routine and will be enacted by one motion
unless separate discussion is requested by Council Members. Prior to the vote, members of the audience
may ask questions regarding items on the consent agenda. When the vote has been taken, if an item has
not been called out for separate discussion, the item has been approved. Council may, however, reconsider any item at
any time during the meeting. The wording
of all agenda items shall appear in the minutes of this meeting of the City
Council as posted, unless otherwise revised by this or other motion of Council,
without the necessity of the City Clerk reading the wording of each item into
the record.
CONSENT
AGENDA
1.
APPROVAL
OF MINUTES:
Approval
of Minutes for the Regular City Council Meeting of January 24, 2012.
[Municipal Clerk, Richarda Duffy Momsen, (915)
541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
Mayor Pro Tempore Ann Lilly, Representatives Carl
Robinson, Steve Ortega, and Cortney Carlisle Niland
3.
RESOLUTIONS:
3A.
That the City Manager be authorized to
sign a Contract by and between the City of
3B.
A Resolution that the City Manager be
authorized to sign an Agreement for the Temporary Closure of State Right-of-Way
(Form TEA 30 A), made between the State of Texas acting by and through the
Texas Department of Transportation and the City of El Paso, for the temporary
closure and use of State-owned and -operated highway (Transmountain
Road) on February 19, 2012, for the purpose of the Susan G. Komen Race for the
Cure, which has been found by the City to serve a public purpose (LPAR12-00002)
(District 4)
[Department of
Transportation, Mirian Spencer, (915) 541-4050]
3C.
A Resolution that O.P.E.P. be
authorized to provide for the sale and service of alcoholic beverages at its
Mardi Gras Block Party in the closed portion of Ochoa Street between First
Avenue and Paisano Drive from 9:00 pm Tuesday,
February 21, 2012 to 2:00 am Wednesday, February 22, 2012 (NESV12-00003) (District 8) [Department of
Transportation, Mirian Spencer, (915) 541-4050]
3D.
A Resolution that Lava Entertainment
Group, LLC be authorized to provide for the sale and service of alcoholic
beverages at its Mardi Gras Block Party in the closed portion of San Antonio
Street between Durango Street and Anthony Street from 7:00 pm Tuesday, February
21, 2012, to 2:00 am Wednesday, February 22, 2012 (NESV12-00006) (District 8)
[Department of
Transportation, Mirian Spencer, (915) 541-4050]
3E.
A Resolution that Kenneth Velazquez
and Wally Sebastian, LLC doing business as Geogeske/Dane's
Steakhouse be authorized to provide for the sale and service of alcoholic beverages at its Bourbon Street on Cincinnati Street 2012
Block Party in the closed portion of Baltimore
Avenue between Stanton Street and Mesa Street and the alley connecting
Baltimore Avenue and Cincinnati Avenue between Stanton Street and Mesa Street
from 12:00 pm Tuesday, February 21, 2012 to 2:00 am Wednesday, February 22,
2012 (NESV12-00007) (District 1) [Department of Transportation, Mirian
Spencer, (915) 541-4050]
3F.
A Resolution authorizing the
City Manager or her designee to certify the annual report to the Economic
Development Administration on the City/County Joint Revolving Loan Fund for the
periods ending September 30, 2010 and September 30, 2011. (All
Districts)
[Planning and Economic
Development, Mathew McElroy, (915) 541-4193]
3G.
That the Mayor be authorized to sign
an Interlocal Agreement between the City of
[Police, Assistant
Chief Robert Feidner, (915) 564-7166]
4.
BOARD
RE-APPOINTMENT:
Xavier
J. Saenz to the Revolving Loan Fund Board by Mayor John F. Cook. [Mayor John F. Cook,
(915) 541-4145]
5.
BOARD
APPOINTMENTS:
5A.
Jorge M. Diaz, Jr. to the Community
Development Steering Committee by Representative Cortney Carlisle Niland,
District 8.
[Representative
Niland, (915) 541-4268)
5B.
Rida H. Asfahani to the Tax Increment Reinvestment Zone Number Five
by Mayor John F. Cook. [Mayor John F. Cook, (915) 541-4145]
6.
DISCRETIONARY FUNDS:
That
the City Council declares that the expenditure of District 2 discretionary
funds in an amount not to exceed $1000 to be used towards the costs of traffic
control and related services for the Mighty Mujer
Triathlon to be held on April 28, 2012, which provides women in El Paso the
opportunity to participate in the City’s first all female
triathlon and allows the City to have its logo (seal) displayed and promote
upcoming City events and sports facilities through the distribution of
brochures to the participants serves a municipal purpose and is authorized.
(All Districts)
[Representative Susie
Byrd, (915) 541-4416]
7.
requests to issue purchase orders, etc.:
7A.
Request that the
Purchasing Manager for Financial Services, Purchasing Division be authorized to
exercise the City’s option to extend current Contract 2009-084 (Electric Cart
Operator Services) with Goodwill Industries of El Paso, Inc. for one additional
year pursuant to the provisions of an award approved by the City Council on
February 24, 2009. The extended contract
period will be from April 1, 2012 to March 31, 2013.
Department: Aviation
Award to: Goodwill Industries of El Paso, Inc.
Option: One [of One]
Annual Estimated Amount: $71,673.25
Total Estimated Amount: $71,673.25 (1 year)
Account No.: 62620005 – 502215 – 40101
Funding Source: Airport Operating Funds – Outside Contracts
Districts: All
[Airport, Monica Lombraña, (915) 780-4724]
[Financial
Services, Bruce D. Collins, (915) 541-4313]
7B.
Request that the Purchasing Manager for
Financial Services, Purchasing Division be authorized to issue a Purchase Order
to Securitas Security Services, Inc., the sole source provider of computer
hardware and video surveillance software and support, with the stipulation that
the vendor provides an updated sole source letter and affidavit each year.
Department: Fire
Award to: Securitas Security Services, Inc.
El Paso, TX
Total
Estimated Award: $182,842.47
Account No.: 22150024 – 503303 – 07192 – G221007
Funding Source: FY09 Homeland Security Grant Program – UASI
(Critical Infrastructure/Key Resource Project: EPWU)
Sole Source No.: 2012-122
Districts: All
This is a Sole Source, service and unit price contract.
[Office of Emergency Management,
Mario D’Agostino, (915) 838-3260]
[Financial Services, Bruce D. Collins, (915) 541-4313]
8.
REQUEST
FOR PROPOSAL:
The award of Solicitation No. 2012-071R (Airport Parking
Facility Management) to Standard Parking Corporation for a total estimated
award of $454,887 for management fees.
Department: Aviation
Award to: Standard Parking Corporation
Items: All
Initial Term: 5 years
Option: None
Annual Estimated Amount: Year 1 - $85,680
Year 2 - $88,250
Year 3 - $90,898
Year 4 - $93,625
Year 5 - $96,434
Total Estimated Award: $454,887 (5 years for management fees)
Account No.: 62620006 – 502207 – 40101
Funding Source: Airport Operating Fund – Management Services Contracts
Districts: All
This is a RFP, services contract.
Additionally, it is requested that the City Attorney's Office review and that the City Manager be authorized to execute any related contract documents and agreements necessary to effectuate this award.
The Financial Services -
Purchasing Division and Department of Aviation recommend award as indicated to
Standard Parking Corporation, the highest ranked proposer based on evaluation
factors established for this procurement.
[Airport, Monica Lombraña, (915) 780-4724]
[Financial Services, Bruce D.
Collins, (915) 541-4313]
REGULAR AGENDA -
INTRODUCTIONS
9.
INTRODUCTION OF ORDINANCES PURSUANT TO
SECTION 3.9 OF THE
Public
comment typically is not taken during the introduction of ordinances.
Public
comments are invited at the date of the scheduled public hearing.
9A.
An Ordinance vacating the vehicular access to a
portion of Upson Avenue and Missouri Street, all of Block Q out of Satterthwaite Addition an unrecorded plat, City of El Paso,
El Paso County, Texas. Applicant: City of
PUBLIC
HEARING WILL BE HELD ON FEBRUARY 7, 2012, FOR ITEM 9A
9B.
An Ordinance amending Title
18 (Building and Construction), Chapter 18.02 (Building and Construction
Administrative Code) of the El Paso City Code, by repealing Chapter 18.02 in
its entirety and adopting a new Chapter 18.02 in its place, the penalty being
as provided in Section 18.02.107 (Violations and Penalties) of the El Paso City
Code. (All
Districts)
[Engineering and Construction Management, Victor
Morrison-Vega, (915) 541-4557]
9C.
An Ordinance changing the zoning of Lots 3 and 4, Block 9, Montecillo Unit Three Replat A,
City of El Paso, El Paso County, Texas from C-2 (Commercial) to SCZ (SmartCode Zone). The penalty is as provided for in Chapter
21.60 of the El Paso City Code. Subject Property: south of Castellano
Drive, north of Executive Center, east of Interstate 10; and west of Mesa
Street, Property Owner: EPT Mesa
Development, LP. PZRZ11-00052 (District 8)
[Planning and Economic
Development, Melissa Granado, (915) 541-4730]
PUBLIC
HEARING WILL BE HELD ON FEBRUARY 21, 2012, FOR ITEM 9B - 9C
Public Hearings will be held as part of the regular City Council meeting
that begins at approximately 8:30 a.m.
All interested persons present shall have an opportunity to be heard at
that time. After the public hearings,
Council may also delay taking action on Ordinances; no requirement is made by
Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for
review in the City Clerk’s office, 2 Civic Center Plaza, Monday through
Thursday, 7:00 a.m. to 6:00 p.m.
REGULAR AGENDA –
OTHER BIDS, CONTRACTS, PROCUREMENTS
10.
AIRPORT:
Discussion and action on the award of Solicitation No. 2012-082 (Aircraft Rescue and Firefighting (ARFF) Vehicle) to Oshkosh Corporation for a total award of $520,807.
Department: Aviation
Award to: Oshkosh Corporation
Items: All
Option: None
Unit Amount: $520,807 (per unit)
Total Award: $520,807 (for 1 unit)
Account No.: 62620031 – 508027 –11519 – G620AIP0029
Funding Source: Fire
Truck and Safety Equipment –
Districts: All
This is a low bid, unit price purchase.
The Financial Services - Purchasing Division and Department of Aviation recommend award as indicated to Oshkosh Corporation, the lowest responsive, responsible bidder.
[Airport,
Monica Lombraña, (915) 780-4724]
[Financial Services, Bruce D. Collins, (915) 541-4313]
11.
ENGINEERING
AND CONSTRUCTION MANAGEMENT:
Discussion and action on the award of Solicitation No. 2012-077 for the
Department: Engineering and Construction Management
Award to: GarCom, Inc.
Base Bid 1: $ 933,544.03
Base Bid 2: $ 286,381.50
Total Estimated Completion: $1,219,925.53
Funding Source: Community Development Block Grant (CDBG) 37th Year El Paso Water Utilities
District: 3
It is requested that the City Manager of the
City of
Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity. The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.
As a part of this award, upon the review of the City Attorney, the City Engineer may without further authorization from City Council approve contract changes which are necessary for proper execution of the work and carrying out the intent of the project, which are in accordance with applicable law, do not make changes to the prices and are within the appropriate budget.
This is a low bid, unit-price contract. The Engineering and Construction Management
Department recommends award as indicated to the lowest responsible bidder.
[Engineering and Construction Management, R.
Alan Shubert, (915) 541-4423]
REGULAR AGENDA – PUBLIC
HEARINGS
12.
PLANNING
AND ECONOMIC DEVELOPMENT:
12A.
Discussion and action on an Ordinance granting Special
Permit No. PZST11-00010, to allow for Infill Development and a Parking
Reduction on the property described as North 45 ft. of Lots 1 and 2, the North
45 ft. of the West 5 ft. of Lot 3, and the North 40 ft. of the East of Lot 3,
Block 32, East El Paso Addition, City of El Paso, El Paso County, Texas,
pursuant to Section 20.04.320 of the El Paso City Code. The penalty being as
provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 2900,
[Planning
and Economic Development, Esther Guerrero (915) 541-4720]
Postponed from 12-20-2011
12B. Discussion and action
on an Ordinance amending Title 20 (Zoning), Chapter 20.18 (Sign Regulations) of
the El Paso City Code to revise standards for manufacturer identification signs
in C-3 and C-4 Zoning Districts. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. (All
Districts)
[Planning and Economic Development,
Kimberly L. Forsyth, (915) 541-4668]
12C.
Discussion and action on an Ordinance granting Special
Permit No. PZST11-00012, to allow for infill development with reduced yard
setbacks and reduced lot width on the property described as Lot 23 and the East
16.67 feet of Lot 24, Block 62, East El Paso Addition, City of
[Planning and Economic Development, Esther Guerrero,
(915) 541-4720]
12D.
Discussion and action on an Ordinance amending a
condition placed on property by Ordinance No. 016588 which changed the zoning
of a portion of H.G. Foster Survey 262, City of
13.
PARKS
AND RECREATION:
Discussion and action on a resolution to approve the
use of 0.9743 acres of parkland at Memorial Park for the expansion of Crockett
Elementary School, and in accordance with Chapter 26 of the Texas Parks and
Wildlife code, the City Council determines that there is no feasible and
prudent alternative to the taking of the Memorial Park acreage and that the
proposed plans include all reasonable planning to minimize harm to the land as
a park. (District 2) [Parks and Recreation, Nanette Smejkal, (915)
541-4283]
14.
DEPARTMENT
OF TRANSPORTATION:
Discussion and action on
an Ordinance granting a Special Privilege License to Joe Rosales permitting the
encroachment of an 8 foot by 11 inch existing staircase within portions of City
right-of-way on
[Department
of Transportation, Mirian D. Spencer, (915) 541-4482]
REGULAR
AGENDA – OTHER BUSINESS
15.
MAYOR
AND COUNCIL:
15A.
Discussion and
action on legal matters related to
15B.
Discussion and
action on a resolution calling a special election in the City of El Paso for
the submission of the recall of three members of the City Council, and making
provisions for the conduct of the election; and related matters.
(All Districts) [City Attorney’s Office, Elaine Hengen,
(915) 541-4550]
15C.
Discussion and
action to authorize the Purchasing Manager to issue a purchase order and sign
any necessary agreements for the procurement of voting machines and related
services or, to authorize the City Manager to sign an Interlocal
Governmental Agreement with the County of El Paso or other governmental entity
relating to the procurement of voting machines and related services, in an
amount not to exceed $800,000.
Funding Source: 01101, General Fund; 99010273 Non-Departmental; 504405
Contingency; (All Districts)
[City
Attorney’s Office, Sylvia Firth, (915) 541-4550]
16.
CITY
MANAGER:
City Manager’s report
of current events and issues:
Presentation
and discussion on the 1st Quarter Financial Report for FY 2012. (All
Districts) [City Manager’s Office, William F. Studer,
(915) 541-4215]
EXECUTIVE
SESSION
The City Council
of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter
and the Texas Government Code, Chapter 551, Subchapter D, to
discuss any of the following: (The items
listed below are matters of the sort routinely discussed in Executive Session,
but the City Council of the City of El Paso
may move to Executive Session any of the items on this agenda,
consistent with the terms of the Open Meetings Act and the Rules of City
Council.) The City Council will return
to open session to take any final action and may also, at any time during the
meeting, bring forward any of the following items for public discussion, as
appropriate.
Section 551.071 CONSULTATION WITH ATTORNEY
Section 551.072 DELIBERATION REGARDING REAL
PROPERTY
Section 551.073 DELIBERATION REGARDING PROSPECTIVE
GIFTS
Section 551.074 PERSONNEL MATTERS
Section 551.076 DELIBERATION REGARDING SECURITY
DEVICES
Section 551.087 DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS
Discussion and
action on the following:
EX1.
Monaco Entertainment
Group, LLC and David Cooper vs. City of
NOTICE TO THE PUBLIC:
Sign Language interpreters are provided for
regular City Council meetings. Copies of
this Agenda will be provided in Braille, large print, or audiotape upon
requests made a minimum of 48 hours prior to the meeting.
Hearing Assistance Devices are available upon
request.
ALL