July 15, 2008
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.
8:30 a.m.: Roll call and Executive Session*
9:00 a.m.: Invocation and Pledge of Allegiance
9:00 a.m.: Ceremonial items followed by all other items
posted on the Agenda
*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
– Fire Chaplain Ed Sinke
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
TITLE IX – 36TH ANNIVERSARY
2.
RECOGNITION
Ana B.
Hinojosa, Director of Field Operations (DFO) for the El Paso Field
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.
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 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 July 8, 2008, and the
Special City Council Meeting for July 9, 2008 (Budget Hearings).
[Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127]
(Attachment) - Minutes for the Regular City Council Meeting
of July 08, 2008
(Attachment) - Minutes for the Special
City Council Meeting for July 09, 2008
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the City Manager be authorized to sign a Contract of Sale between the City
of El Paso and EP Park Hills II, LTD,
a Texas Limited Partnership, for the purchase of a 0.355 acre parcel of
land, more or less, being a portion of Tract 1, H.G. Foster Survey No. 258,
City of El Paso, El Paso County, Texas, for the Ojo de Agua Channel
Project. Project #: PSTM06 PW56-0;
Fund: 27264; Department: 14200500; Account: 508000.
(District 1) [Engineering,
R. Alan Shubert, (915) 541-4423]
3B.
Resolution that the City Council approves and adopts
the attached Exhibit A, Facility Rental Policy, the attached Exhibit B, Library
Use Priorities and Fee Schedule for the El Paso Public Library, and the
attached Exhibit C, El Paso Public Library Meeting Room Policy, for the
purposes of establishing policy and fees for use of the El Paso Public Library
buildings by individuals and entities and waiving fees for events held by
organizations such as the Friends of the Library for the purpose of supporting
and promoting the Library and Library events, fundraising, or presenting
educational programs benefiting the Library.
The Facility Rental Policy may be used as the special events use
agreement and may be approved by the Director of the El Paso Public
Library. (All Districts)
[Library,
Carol Brey-Casiano, (915) 543-5413]
3C.
A Resolution that the City of
4.
BOARD
RE-APPOINTMENT:
Rigoberto
Mendez to the Zoning Board of Adjustment by Representative Emma Acosta,
District 3. [Representative Emma Acosta, (915)
541-4572]
5.
BOARD
APPOINTMENTS:
5A.
William Ricardo Suarez to the Historic Landmark
Commission by Mayor John F. Cook. [Mayor John F. Cook, (915) 541-4145]
5B.
James R. Ratcliff to the Photographic Traffic Signal
Enforcement System (PTSES) Advisory Board by Representative Rachel Quintana,
District 5.
[Representative Rachel Quintana,
(915) 541-4701]
5C.
Jose Luis Carbonell to the El Paso Housing Finance
Corporation by Mayor John F. Cook.
[Mayor John F.
Cook, (915) 541-4145]
6.
APPLICATIONS
FOR TAX REFUND:
That the tax refunds listed on the attachment posted with
this agenda be approved.
(See Attachment A) (All Districts) [Tax Office,
Juan Sandoval, (915) 541-4369]
7.
Purchasing requests to issue purchase orders, etc.:
Request approval for the Purchasing Manager to reject the
bid submitted for Solicitation No. 2008-192 (Armored Car Services – Streets
& Sun Metro). Financial Services and
the Street Department request that the bid be rejected because it exceeded
budgeted appropriations. This item will
be re-bid. (All Districts)
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
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.
An Ordinance changing the zoning of the following real
property described as: Parcel 1: a
portion of Section 27, Block 79, Township 2, Texas and Pacific Railway Company
Surveys, City of El Paso, El Paso County, Texas, be changed from P-R I (Planned
Residential I) to C-2 (Commercial) and imposing conditions; and, Parcel 2: a portion of Section 27, Block 79, Township
2, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County,
Texas, be changed from P-R I (Planned Residential I) to C-2 (Commercial), and
imposing conditions. The penalty is as provided for in Chapter 20.24 of the El
Paso City Code. Subject Property: north of
PUBLIC
HEARING WILL BE HELD ON AUGUST 5, 2008, FOR ITEM 8
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:
9A.
Discussion
and action on authorizing the City Manager to sign a tax-exempt lease-purchase
agreement with Banc of America Public Capital Corp ("BAPCC") in a
principal amount not to exceed $9,767,054 to finance the energy-efficiency
improvements for the City of El Paso and the El Paso Convention Center. It is also requested that the City Manager of
the City of
9B.
Discussion and
action that the City exercises its option to initiate a guaranteed performance
contract through Solicitation No. 2007-073R (City-Wide Energy and Operational
Savings Program) with Johnson Controls, Inc. pursuant to the provisions of the
award approved by City Council on August 28, 2007.
Department: General Services
Award to: Johnson Controls, Inc.
Items: All
Funding
Source: State Energy Conservation
Office (SECO) - $5,000,000
Banc of
America Public Capital Corp Lease - $9,767,054
Total Est.
Award: $14,767,054
Districts: All
As a part
of this award, upon the review of the City Attorney, the Director of General
Services 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.
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.
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
9C.
Discussion and action on the award of Solicitation No. 2008-067 (Janitorial Services - City Hall, El Paso Museum
of History, and Northwest Corral) to The Eagle Janitorial Service for a
total amount of $759,848.43.
Department: General Services
Award to: The Eagle Janitorial
Service
Items: All
Estimated
Amount: $ 57,061.11 (3 months)
$247,610.64
(12 months)
$455,176.68
(21 months)
Option: 2 Years
Account
No.: 31010326 – 502206 -
01101
31010327 –
502206 - 01101
Funding
Source: General Services
Department, Building Maintenance Division
Total Est.
Award: $759,848.43
Districts: All
This is a
36-month requirements type contract.
The
Departments of Financial Services, Purchasing Division, and General Services
recommend award to The Eagle Janitorial Service, the vendor offering the best
value bid. [Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
REGULAR AGENDA – PUBLIC
HEARINGS
10.
DEVELOPMENT
SERVICES:
10A.
An Ordinance changing the zoning of Lots 17 to 20, Block 3,
Miraflor Addition, City of El Paso, El Paso County, Texas, from A-3 (Apartment)
to A-O (Apartment-Office) and imposing conditions. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
Property:
[Development
Services/Planning, Mirian Spencer, (915) 541-4192]
10B.
An Ordinance changing the zoning of a portion of Lots 52
and 53, San Jose Addition Replat, City of El Paso, El Paso County, Texas, from
R-F (Ranch and Farm) to R-2 (Residential).
The penalty is as provided for in Chapter 20.24 of the El Paso City
Code. Subject Property:
[Development
Services/Planning, Mirian Spencer, (915) 541-4192]
10C.
An Ordinance vacating a portion of Denver Street (70' wide
public right-of-way), City of El Paso, El Paso County, Texas. Location:
[Development Services/Planning, Michelle Padilla,
(915) 541-4903]
11.
ENGINEERING:
Discussion and
action that the Mayor be authorized to sign a First Amendment to an Interlocal Agreement by
and between the City of El Paso and the El Paso County Community College
District, passed and approved May 22, 2007, to allow the El Paso County
Community College District to construct the parking lot at the northwest campus
and the City contribute to the costs an amount not to exceed $1,000,000. (District
1) [Engineering, R. Alan Shubert, (915) 541-4423]
REGULAR
AGENDA – OTHER BUSINESS
12.
COMMUNITY
AND HUMAN DEVELOPMENT:
Discussion and action on a
Resolution that City Council amend the City’s 2007 - 2008 Annual Action Plan of
the Consolidated Plan for 2005 - 2010 by adding one new
homeownership assistance activity, Affordable Housing Credit Union Service
Organization – Individual Development Account Program, totaling $125,000, to
the 33rd Year (2007 - 2008) Community Development Block Grant
Program, and that the City Manager be authorized to sign any agreements or
related documents upon approval by the City Attorney’s Office and Director of
Community and Human Development Department and to take any actions necessary to
accomplish the intent of the resolution.
(All Districts) [Community and Human Development, William Lilly, (915)
541-4643]
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.
Discussion and action regarding the legal issues and options for the
City pertaining to the property located at 118 Northwind. (551.071)
[City Attorney’s Office,
Charlie McNabb, (915) 541-4550]
EX2.
Discussion regarding the following lawsuits
entitled: Ray E. Gilbert, Jr., Joe A. Dominguez, Charles P. Cavretta, M.D. vs.
City of
[City
Attorney’s Office, Laura P. Gordon, (915) 541-4550]
EX3.
El Paso Apartment
Association, et al vs. City of El Paso and Edmund G. Archuleta in his Official
Capacity as President and Chief Executive Officer of the El Paso Water
Utilities Public Service Board; Cause No. EP-08-CA-0145. (551.071)
[City
Attorney’s Office, Laura P. Gordon, (915) 541-4550]
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