February 23, 2010
Council Chambers,
City Hall
8:30 a.m.
After
the meeting is convened, the City Council shall consider the following items in
the following order no sooner than the designated times, but may consider them
at a later time.
Roll call and Executive
Session*
Invocation and Pledge of
Allegiance
Ceremonial items followed by
all other items posted on the
*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.
Invocation
– Police, Fire, & CIMA Chaplain Sam Faraone
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
IHOP'S NATIONAL PANCAKE DAY
2.
NATIONAL TRIO DAY
3.
BOB MARLEY WEEK
4.
JUNIOR WOMAN'S CLUB OF
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
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.
Requests
to speak must be received by 9:00 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
CONSENT
AGENDA
1.
APPROVAL
OF MINUTES:
Approval
of Minutes for the Regular City Council Meeting of February 16, 2010, and the
Special City Council Meeting (Billboards) of February 16, 2010.
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
(Regular City Council Meeting Minutes for 02-16-10)
(Special City Council Meeting Minutes for 02-16-10)
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the City Manager be authorized to sign a sub-recipient grant
contract between the City of El Paso and El Paso Independent School District in
connection with the City’s Weed and Seed Department of Justice Grant program,
awarding an amount not to exceed $10,000 to fund a tutoring program for at-risk
youth in elementary and middle schools within the Chamizal Neighborhood Weed
and Seed boundary, subject to the terms and conditions of the grant
contract. (Districts 3 and 8) [Community and Human Development,
William Lilly, (915) 541-4643]
3B.
That the City Manager or her designee be authorized
to sign a three year renewable Lease Agreement between the City of
(All Districts) [Financial Services, Liza
Ramirez-Tobias, (915) 541- 4074]
3C.
That the City Manager be authorized to sign a First
Amendment to the Consulting Agreement by and between the City of El Paso, a
municipal corporation situated in El Paso County, Texas, in its capacity as the
designated Metropolitan Planning Organization (“MPO”) for the El Paso
Urban Transportation Study Area, hereinafter referred to as "City”, and
the International Communities Research Center (“ICRC”), a non-profit research
organization, amending the scope of services to be provided by ICRC and
increasing the consideration to be paid by the MPO by $80,300. (All
Districts)
[Metropolitan Planning Organization,
3D.
A Resolution to allow the City Manager be authorized to sign
the Interlocal Agreement entitled Temporary Advertising Services Agreement
between the City of El Paso and the County of El Paso, Texas, (“County”) for
support of general promotion and tourist advertising services effective October
5, 2009 – September 30, 2010 by which the City will provide out of town
advertising of the Walters Art Museum Traveling Exhibition of Bedazzled: 5000 Years of Jewelry to be displayed at the
Museum of Art, which will be partly funded by way of reimbursement awarded
by the County from the County Hotel Occupancy Tax funds. Moreover, to
allow the City Manager to sign any amendment to the Agreement that does not
impact the budget. (All
Districts)
[Museums and Cultural
Affairs, Sean McGlynn, (915) 541-4896]
3E.
Approve a
Resolution authorizing the Parks and Recreation Department to apply for an
Outdoor Recreation Grant through the Texas Parks and Wildlife Department (TPWD)
in the amount of $115,526 for the purpose of Jorge Montalvo Park Expansion, a
neighborhood park located on 6500 Tiger Eye, and authorizing the City Manager
to sign grant agreements, and to expend the funds on this project should the
grant application be successful. (District 4)
[Parks and Recreation, Joel McKnight,
(915) 541-4354]
3F.
Approve a Resolution that prohibits the drilling for oil and
gas and mining or reopening of any abandoned oil or gas well or mine in the
City of
3G.
That the City Manager be authorized to submit a grant
proposal to the Criminal Justice Division (Office of the Governor of the State
of
[Police Department, Eric Shelton,
(915) 564-7357]
3H.
That
the City Manager be authorized to submit a grant proposal to the Criminal
Justice Division (Office of the Governor of the State of
(All
Districts) [Police Department, Eric Shelton, (915) 564-7357]
4.
BOARD
RE-APPOINTMENTS:
4A.
Kathleen Campbell
4B.
Mary Elizabeth (Betty)
[Representative Beto O'Rourke, (915)
541-4123]
5.
Purchasing requests to issue purchase order:
5A.
Request that the Purchasing Manager of Financial
Services, Purchasing Division, be authorized to issue a purchase order to
Facilities Connection under TXMAS State Contracts #3-7511A010, #3-7110400,
#3-7110160, and #3-711050 for office furnishings and equipment related to the
MSC Building 1 Renovation. Total
expenditures are $117,895.94.
The participation
by the City of
Department: General Services –
Facilities Division
Funding
Source: Facility
Rehabilitation
Total
Estimated Amount: $117,895.94
Reference
No.: 2010-157
District: 7
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
[General Services, Stuart Ed, (915)
621-6822]
5B.
Request that the Purchasing Manager for
Financial Services, Purchasing Division be authorized to issue Purchase Order
to Accela, Inc., the sole source provider for Accela Software Products,
Licensing, Maintenance and Service.
Department: Environmental Services
Funding Source: Data Processing Equipment
Amount: $447,000
Reference No.: 2008-171
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
[Environmental Services, Ellen Smyth,
(915) 621-6719]
6.
BID:
The award of
Solicitation No. 2010-020 (Building Space Rental – North Central WIC Clinic) to
Robert Malooly for a total estimated award of $144,000.
Department: Department of Public
Health – WIC Program
Award to: Robert Malooly
Items: All
Option: 1:$154,800
(first 3-year option)
Option: 2:$165,600
(second 3-year option)
Funding
Source: TDH WIC
Services-Building Leases-WIC Administration
Total
Estimated Award: $144,000 (3
years)
District: 8
The Departments
of Financial Services, Purchasing Division, and Public Health – WIC Program
recommend award to Robert Malooly, the vendor offering the best value bid. [Financial Services/Purchasing, Terrence Freiburg, (915)
541-4313]
7.
BUDGET
TRANSFERS:
Approve a
budget transfer for $95,000 to increase appropriations in Development Services
to pay for Third Party Inspections for the remainder of FY2010. Funds transferred from contingency account to
provide appropriations for unfunded third party inspections. Activity on inspections is particularly
significant in the roofing inspection area due to hail damage sustained by
residents in the fall of this year.
Decrease
$95,000 from Operating
Increase $95,000 to Contracts
(All Districts) [Office
of Management and Budget, David Almonte, (915) 541-4777]
REGULAR AGENDA - INTRODUCTIONS
8.
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.
8A.
An Ordinance amending Title 12 (Vehicles and Traffic)
to create Chapter 12.22 (Wireless Communications Devices) of the El Paso City
Code, to prohibit the use of wireless communication devices while operating a
motor vehicle, and creating an offense; the penalty being as provided in
Sections 1.08.010 - 1.08.030 and Section 12.84.010 of the El Paso City
Code. (All Districts)
[Representative Rachel Quintana, (915) 541-4189]
PUBLIC
HEARING WILL BE HELD ON MARCH 9, 2010, FOR ITEM 8A
8B.
An Ordinance changing
the zoning of Lots 1, 2, and the south 8 feet of Lot 3, Block 88, Campbell
Addition, City of El Paso, El Paso County, Texas, from C-1 (Commercial) to S-D
(Special Development). The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject property: 719 and
[Development
Services/Planning, Andrew Salloum, (915) 541-4027]
PUBLIC
HEARING WILL BE HELD ON MARCH 16, 2010, FOR ITEM 8B
Public Hearings will be held as part of the regular City Council meeting
that begins at approximately 9:00 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 Friday,
8:00 a.m. to 5:00 p.m.
REGULAR AGENDA – OTHER BIDS,
CONTRACTS, PROCUREMENTS
9.
FINANCIAL
SERVICES:
Discussion and action on the award of Solicitation No. 2010-077 (Street Construction
Materials) to Cemex Materials South, LLC and Jobe Materials, L.P. for a total
estimated amount of $3,399,885.
Department: Street
Award to: Vendor 1: Cemex Materials South, LLC
Items: Group II,
all items
Group
III, items 1 and 3
Group
IV, items 1-4 and 7-13
Estimated
Annual Amount: $1,035,895
Award to: Vendor 2: Jobe Materials, L.P.
Items: Group I,
all items
Option: Two
years
Estimated
Annual Amount: $97,400
Funding
Source: Public Accesses
– Maintenance & Repair
Total
Estimated Award: $3,399,885 (3
Years)
Districts: All
This is a
thirty-six month requirements type contract.
The cost
under this requirements contract is only an estimated minimum value. The actual cost of this contract may be
higher or lower than the total estimated minimum value and will be the sum
total at the end of the contract term, so long as increased funds are
appropriated in the budget.
The
Departments of Financial Services, Purchasing Division, and Street recommend
award as indicated to the lowest responsive, responsible bidder.
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
[Street Department, Daryl
Cole, (915) 621-6750]
POSTPONED FROM 02-16-10
REGULAR AGENDA – PUBLIC
HEARINGS
10.
DEVELOPMENT
SERVICES:
10A.
An Ordinance changing the zoning of a portion of Lot 2,
Block 1, Sandstone Ranch Estates Unit Two, City of El Paso, El Paso County,
Texas, from A-2 (Apartment) to A-3 (Apartment).
The penalty is as provided for in Chapter 20.24 of the El Paso City
Code. Subject property: east of
10B.
An Ordinance granting Special Permit No. ZON09-00076 to
allow an infill development with reduced side yard setbacks to 4 feet and
reduced lot area in order to construct a 2,540 square foot duplex on a 6,000
square foot lot on the property described as Lots 26 and 27, Block 115, Amended
Map of Morningside Heights Addition, City of El Paso, El Paso County, Texas,
and imposing a condition, pursuant to Section 20.10.280 of the El Paso City
Code. The penalty being as provided in
Chapter 20.24 of the El Paso City Code.
Subject property:
(District 2) [Development Services/Planning,
Andrew Salloum, (915) 541-4027]
10C.
An Ordinance granting Special Permit No. ZON09-00073 to
allow for a 56% parking reduction on the property described as Lots 1 - 10, Block
223, Alexander Addition, City of El Paso, El Paso County, Texas, pursuant to
Section 20.14.070 and 20.04.320 of the El Paso City Code. The penalty being as provided in Chapter
20.24 of the El Paso City Code. Subject
property:
[Development
Services/Planning, Andrew Salloum, (915) 541-4027]
10D.
An Ordinance granting
Special Permit No. ZON09-00022 to allow for governmental uses and buildings on
the property described as being all of Tracts 3A, 3A1, G.M. Collingsworth
Survey No. 14, a portion of Tract 1B, Guadalupe Lucero Survey No. 45, a portion
of Tract 15 B, Ysleta Grant, Block 21, a portion of United States Parcel No. 3,
a portion of Ascarate Street also known as First Street, and a portion of the
Old River Bed known as Tract 4, (described July 9, 1938, in Book 632,
Page 559, Deed Records, El Paso County, Texas) City of El Paso, El Paso County,
Texas, pursuant to Section 20.08.030 of the El Paso City Code. The penalty being as provided in Chapter
20.24 of the El Paso City Code.
Subject property:
[Development
Services/Planning, Andrew Salloum, (915) 541-4027]
10E.
An Ordinance
changing the zoning of a portion of Tract 4B, Section 38, Block 79, Township 2, Texas and
Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas,
from A-2 (Apartment) to C-1/C (Commercial/Condition), and imposing a
condition. The penalty is as provided
for in Chapter 20.24 of the El Paso City Code. Property owner: Ranchos Real IV, LTD. ZON09-00041
(District 5) [Development
Services/Planning, Michelle Padilla, (915) 541-4903]
11.
An
Ordinance authorizing the City Manager of the City of El Paso to sign a Special
Warranty Deed conveying approximately 20.0155 acres of land being a portion of
Tract 8, Section 16, Block 80, Township 1, Texas and Pacific Railway Company
surveys, City of El Paso, El Paso County, Texas, to Jobe Materials, L.P. Also authorizing the City Manager to sign any
and all documents necessary to complete the sale of the land. (District 4) [EPWU, Robert D. Andron, (915)
594-5511]
REGULAR
AGENDA – OTHER BUSINESS
12.
MAYOR AND
COUNCIL:
12A.
Discussion and action regarding
adoption of the City of El Paso 2010 Federal Legislative Priorities and FY 2011
Appropriations Requests and the City of El Paso Interim State
Legislative Priorities in preparation for 82nd Legislative
Session. (All Districts) [
12B.
Review of bike parking requirements and whether
requirements are being implemented at all and per the Municipal Code.
[Representative Susie
Byrd, (915) 541-4416] POSTPONED
FROM 02-16-10
12C.
Legislative
Review Committee Report:
1.
For
notation: Formal
Report of the Intergovernmental Affairs Legislative Review Committee meeting
held on February 11, 2010, as submitted by Mayor John Cook, Chair; and,
2.
Discussion pertaining specifically to any of the agenda items, as
posted on the agenda of said Legislative Review Committee meeting, as follows:
a.
Regarding proposed State Legislative agenda.
b.
Regarding proposed Federal Legislative agenda.
[Mayor John
F. Cook, (915) 541-4145]
13.
CITY
ATTORNEY’S OFFICE:
Discussion and action on an Amended and Restated Agreement by and between
the City of El Paso, Texas and the Camino Real Regional Mobility
Authority. (All Districts)
[City Attorney’s Office, Charlie
McNabb, (915) 541-4550]
14.
ECONOMIC
DEVELOPMENT:
Discussion
and action on a Resolution that the City Manager be authorized to execute a
First Amendment to Chapter 380 Economic Development Program Agreement by and
between the City of El Paso and Centro Mayapan, Inc., a Texas Corporation
(“Applicant”), in connection with the extension and rearrangement of the time
and manner of repayment of the City’s loan to Applicant, subject to the terms
and conditions specified therein. (All Districts) [Economic Development, Kathryn B.
Dodson, (915) 541-4872]
15.
PARKS AND
RECREATION:
Discussion and action of the Parks and Recreation Master Plan
Implementation Progress Report conducted by Halff Associates for the period of
September 2006 through November 2009. (All Districts) [Parks and Recreation, Nanette Smejkal, (915)
541-4283]
16.
CITY
MANAGER:
City Manager’s report of current
events and issues:
16A.
Discussion and action to approve a budget transfer for the funds
received from the Agreement for Funding and Implementation of El Paso
Particulate Matter Reduction Project (“Agreement”) in the amount of $1,500,000
to allow for funding of unpaved roads, alley-ways, parking lots and/or
medians. (All Districts)
[Financial Services,
Carmen Arrieta-Candelaria, (915) 541-4293]
16B.
Discussion and action to direct that the City Manager reprogram prior year
approved Certificates of Obligation in the amount of $6,164,938 to Street and
Information Technology critical priorities as shown below:
FROM:
|
Source |
Reprogramming
Amount |
|
2009
Certificates of Obligation |
$5,200,000 |
|
1993A Certificates
of Obligation |
1,849 |
|
1994A
Certificates of Obligation |
75,000 |
|
1998B
Certificates of Obligation |
113,630 |
|
2000
Certificates of Obligation |
101,118 |
|
2003
Certificates of Obligation |
673,341 |
|
Total Sources |
$6,164,938 |
TO:
|
Project |
Reprogramming
Amount |
|
Street
Resurfacing |
$3,500,000 |
|
|
1,700,000 |
|
Downtown
Circulation Plan |
225,030 |
|
Street
Lighting |
17,050 |
|
IT Capital
Acquisitions |
722,858 |
|
Total
Uses |
$6,164,938 |
(All Districts) [Development
& Infrastructure, Patricia D. Adauto, (915) 541-4853]
16C.
Discussion and action on the Capital Improvement Program including:
1.
Staff overview of the Proposed 2010 Capital Plan –
Revised.
2.
A Resolution establishing the list of capital
projects totaling approximately $40,000,000 as the list of Capital Improvement Program
projects for 2010 utilizing Certificates of Obligation and other funding
mechanisms pursuant to the City’s Debt Management Policy; and authorizing the
City Manager to establish the funding sources for these projects and make all
necessary budget transfers at the appropriate times for execution of the
projects, and to appropriate red light camera funds to supplement bond funds to
specific capital projects and for certain amounts as allowed under state
statute. (All Districts)
[Development & Infrastructure, Patricia D. Adauto, (915) 541-4853]
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.) 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.
City of Alpine et al. vs. Greg Abbott, Texas Attorney General and the
State of
[City Attorney’s Office,
Charlie McNabb, (915) 541-4550]
EX2.
Raquel Baca vs. City of
[City Attorney’s Office, Karla M. Nieman, (915) 541-4550]
NOTICE TO THE PUBLIC:
Sign Language interpreters are provided for
regular City Council meetings. Copies of
this
Hearing Assistance Devices are available upon
request.
ALL
ADDITION TO THE AGENDA FOR
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS, CITY HALL
TUESDAY, FEBRUARY 23, 2010
8:30 A.M.
The following is added to the City
Council
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.) 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. Maria Esquivel vs. City of El Paso; Cause Number 2008-4910 (551.071)
[City Attorney’s Office, Kenneth
Krohn (915) 541-4550]
Sign
Language interpreters are provided for regular City Council meetings. Copies of this
Hearing Assistance Devices are available upon request.
ALL
Richarda Duffy Momsen,
City Clerk