September 15, 2009
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 Chaplain
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
LIFE INSURANCE AWARENESS MONTH
2.
SOUTHWEST MINORITY SUPPLIER DEVELOPMENT COUNCIL WEEK
3.
SAM'S CLUB 10TH ANNUAL CHARITY GOLF TOURNAMENT DAY
4.
HUNGER ACTION MONTH
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 September 8, 2009. [Municipal Clerk, Richarda
Duffy Momsen, (915) 541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the City Manager be authorized to sign a Second
Amendment to Professional Services Contract Solicitation No. 2008-010R by and between
the City of El Paso and Science Applications International Corporation (SAIC)
to amend the Contract to provide for additional services, to increase the
contract award by $156,777.19 for payment of said additional services resulting
in a total contract award amount of $1,039,176.51, and to extend the overall
period of performance and receipt of project deliverables, as specified in the
contract amendment. All costs will be
covered by the City’s Office of Economic Adjustment Grant funds with no fiscal
impact to the City’s general fund.
(All Districts) [Development Services/Planning,
Mathew McElroy, (915) 541-4056]
3B.
That the City Council adopts an Annexation Policy
setting out the criteria in which future lands will be considered for
annexation into the City of
[Development Services, John Neal, (915) 541-4285] POSTPONED FROM 07-07-09 AND 07-21-09
3C.
That authorization is hereby given to pay developer
the amount of $135,187.12 as City’s share of the costs of the project and that
such amount shall constitute the final and complete payment owed to
Developer. The project includes
construction of the extension of the drainage channel that parallels
[Engineering, R. Alan
Shubert, (915) 541-4423]
3D.
That the City Manager be authorized to sign two Grade
Crossing Construction and Maintenance Agreements for Mulberry and Redd Road
streets between the City of El Paso and the BNSF Railway Company. (District
1)
[Engineering, R. Alan
Shubert, (915) 541-4423]
3E.
That the Solid Waste liens on the attachment posted
with this agenda be approved. (See
Attachment A) (Districts 2, 3, 6, 7 and 8)
[Environmental
Services, Ellen A. Smyth, (915) 621-6719]
4.
BOARD
APPOINTMENTS:
4A.
Robert D. Andrade to the Complete Count Committee by
Representative Rachel Quintana, District 5.
[Representative
Rachel Quintana, (915) 541-4701]
4B.
Lisa Turner to the Public Service Board Selection
Committee by Representative Eddie Holguin, Jr., District 6. [Representative Eddie Holguin, (915) 541-4178]
5.
APPLICATIONS
FOR TAX REFUNDS:
That the tax refunds listed on the attachment posted with
this agenda be approved.
(See Attachment B) (All Districts) [Tax Office,
Juan Sandoval, (915) 541-4369]
6.
Purchasing requests to issue purchase orders, etc.:
6A.
Request that the Purchasing Manager for Financial
Services, Purchasing Division, be authorized to issue a purchase order to
Cimline, Inc., a Houston-Galveston Area Council (HGAC) contractor under
Contract No. SM10-08, for one Crack Sealer/Melter-Applicator in the estimated
amount of $65,796. The participation by
the City of
Department: Aviation
Account
No.: 62620020 –
508029 – 41022 – P500004
Funding
Source: Airport
Capital Outlay
Total
Estimated Award: $65,796 (one
Crack Sealer/Melter Applicator)
Reference
No.: 2010-024
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
6B.
Request that the Purchasing Manager for Financial Services, Purchasing
Division, be authorized to issue a purchase order to Nilfisk-Advance, Inc., a
Texas Multiple Award Schedules (TXMAS) contractor under Contract No. 7-23V030,
for two Vacuum Rider Sweepers in the estimated amount of $145,082.90. The participation by the City of
Department: Aviation
Account
No.: 62620020 –
508029 – 41022 – P500004
Funding
Source: Airport
Capital Outlay
Total
Estimated Award: $145,082.90 (two
Vacuum Rider Sweepers)
Reference
No.: 2010-025
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
7.
BIDS:
7A.
The award of Solicitation No. 2009-251 for the Westside Flood Damage Improvements Phase IIA –
Channel Fencing, to Lomeli & Sons Landscaping Co., Inc. for a total
estimated amount of $117,580.
Department: Engineering
Department
Award to: Lomeli & Sons
Landscaping Co., Inc.
Base Bid: $117,580
Account
No.: 14200500 – 508027– 27264 – PSTM06 PW41-0
Funding
Source: Storm
2006
District: 1
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.
Iron Force
Construction, the lowest bidder is recommended as non responsible. The City is allowed to use factors other than
price in determining the lowest responsible bidder. Iron Force Construction is currently working
on a City project (informal less than $50,000) where the quality of work is
unacceptable.
This is a
low bid, unit-price contract. The
Engineering Department recommends award as indicated to the lowest responsible
bidder.
[Engineering, R. Alan Shubert, (915) 541-4423]
7B.
The award of Solicitation No. 2009-273
(Hemoglobin Microcuvettes and Analyzers) to Stanbio Laboratory for a total
estimated award of $270,000.
Department: Health
Award to: Stanbio
Laboratory
Items: All
Option: Two
years
Annual
Estimated Amount: $90,000
Account
No.: 41150011 –
503112 – 06341 – G4109AD
Funding
Source: Clinical/Medical
Supplies
Total
Estimated Award: $270,000 (36
months)
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 Health Department
recommend award as indicated to the sole bidder.
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
7C.
The award of Solicitation No. 2009-108 (Soft Drink Vending Machine Services) to Pepsi
Bottling Group for a
total estimated revenue amount as indicated.
Department: Parks and Recreation and Other Departments
(as requested)
Award to: Pepsi Bottling Group
Items: Group I, Item 1, 2, 3,
4, and 5
Group II
Item 1
Group III,
Item 1
Option: Two years
Annual
Est. Revenue: $ 65,150
Funding
Source: Revenue Generating
Total Est.
Revenue: $176,450 (3 year total)
Districts: All
This is
revenue generating type contract with an initial term of thirty-six months.
The
Departments of Financial Services, Purchasing Division, and Parks and
Recreation recommend award as indicated, to the vendor offering the most
revenue to the City. [Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
7D.
The award of Solicitation No. 2009-107 (Snack Vending Machine & Ice Cream Vending Machine
Service) to Mcliff Vending and Office Coffee Service and FM
Vending for a total
estimated revenue amount as indicated.
Department: Parks and Recreation
Award
to: Vendor 1: Mcliff Vending and Office Coffee Service
Item: 1 (Snack Vending)
Annual
Estimated Revenue: $ 5,000
Award to: Vendor 2: FM
Vending
Item: 2 (Ice Cream
Vending)
Annual
Estimated Revenue: $ 4,000
Option: Two
years
Funding
Source: Revenue
Generating
Total
Estimated Revenue: $27,000 (3 year
total)
Districts: All
This is a revenue
generating type contract with an initial term of thirty-six months.
The
Departments of Financial Services, Purchasing Division, and Parks and
Recreation recommend award as indicated, to the vendors offering the most
revenue to the City. [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.
8A.
An Ordinance
deleting Chapter 2.28 (El Paso International Airport Board) of the El Paso City
Code for the purpose of abolishing the El Paso International Airport Board and repealing
Ordinances Nos. 5610 and 6626 which had established the board. (All Districts) [City Manager’s Office, Leila Melendez, (915)
541-4859]
8B.
An Ordinance
repealing Ordinance No. 15539 for the purpose of abolishing the Information Technology
Advisory Board. (All
Districts)
[City Manager’s Office, Leila Melendez, (915) 541-4859]
8C.
An Ordinance to
abolish the Public Utility Regulation Board by repealing Ordinances Nos. 5994,
6801, 6912, 8799, and 11497. (All
Districts)
[City Manager’s
Office, Leila Melendez, (915) 541-4859]
8D.
An Ordinance to
abolish the City Tree Board and to assign additional duties to the Board of
Parks and Recreation that are pertinent to tree advocacy in the City of El Paso
by deleting Chapter 2.77 (El Paso Tree Board) of the El Paso City Code; by
amending Chapter 2.20 (Board of Parks and Recreation), Section 2.20.050
(Board Duties) of the El Paso City Code to reassign the duties of the Tree
Board to the Board of Parks and Recreation; and by amending Chapter 9.11 (Tree
Care), Section 9.11.010 E (General Provisions), and Chapter 18 (Landscape),
Section 18.46.050 (Definitions), of the El Paso City Code to amend the
references to the Tree Ordinance and Tree Board as contained herein.
(All Districts) [City Manager’s Office, Leila Melendez, (915)
541-4859]
8E.
An Ordinance to
abolish the El Paso Mountain Committee and to assign the duties held by the
Committee to the City Plan Commission by repealing Ordinance No. 14790
(Establishing the El Paso Mountain Committee) and amending Title 2
(Administration and Personnel), Chapter 2.08 (City Plan Commission), Section
2.08.110 (City Planning - Duty to Keep Informed On, Study and Recommended
Improvements), of the El Paso City Code.
(All Districts) [City Manager’s Office, Leila Melendez, (915)
541-4859]
8F.
An Ordinance
amending Section 2.04.040 (Holding Over Prohibited) of the El Paso City
Code to delete the reference to the Public Utility Regulation Board contained
therein and to exempt the members of the Photographic Traffic Signal
Enforcement System Advisory Board from the application of this section.
(All Districts) [City Manager’s Office, Leila Melendez, (915)
541-4859]
8G.
An Ordinance
repealing Ordinances Nos. 11598, 11902, 15748, 16971, and 17008 for the purpose
of abolishing the El Paso International Bridge Commission. (All Districts) [City Manager’s Office, Leila Melendez, (915)
541-4859]
8H.
An Ordinance
amending Ordinance No. 8262 establishing the standing Committee on Border
Relations in its entirety to include additional duties as previously held by
the International Bridge Commission and repealing Ordinances Nos. 9504 and
11188, which had previously amended Ordinance No. 8262. (All Districts) [City Manager’s Office, Leila Melendez, (915)
541-4859]
8I.
An Ordinance
authorizing the City of El Paso to sell approximately 0.662 acres of land being
a portion of Tract 8A, Block 13, Ysleta Grant, City of El Paso, El Paso County,
Texas, to the Catholic Diocese of El Paso/Most Reverend Armando X. Ochoa or his
successor in office. (District 7)
[El Paso Water Utilities Public
Service Board,
PUBLIC
HEARING WILL BE HELD ON SEPTEMBER 22, 2009, FOR ITEMS 8A – 8I
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 – PUBLIC
HEARINGS
9.
DEVELOPMENT
SERVICES:
9A.
An Ordinance amending Title 20 (Zoning), Chapter 20.16
(Screening and Fencing), Section 20.16.030 (Permitted Walls), of the El Paso
City Code to allow for an additional four feet of fencing on a screening wall
or fence not to exceed a total of twelve feet in height. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. (All Districts)
[Development Services, Fred Lopez, (915) 541-4322]
9B.
An Ordinance changing the zoning of a portion of Tract 3F,
Section 21, Block 80, Township 1, Texas and Pacific Railroad Company Surveys,
City of El Paso, El Paso County, Texas, from C-4/C (Commercial/Conditions)
to R-5 (Residential) and releasing conditions placed on the property by
Ordinance No. 016745. The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject property: north of
[Development Services/Planning, Linda Castle, (915)
541-4029]
9C.
An Ordinance changing the zoning of a portion of Section
47, Block 79, Township 2, Texas and Pacific Railway Company Surveys, City of El
Paso, El Paso County, Texas, from C-1/C (Commercial/Conditions) to G-MU/C
(General Mixed Use/Conditions). The
penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject property: north of
9D.
An Ordinance releasing conditions placed on property by
Ordinance No. 17072 which changed the zoning of a portion of Section 47, Block
79, Township 2, Texas and Pacific Railway Company Surveys, City of El Paso, El
Paso County, Texas. The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject property: north of
[Development Services/Planning,
Andrew Salloum, (915) 541-4027]
REGULAR
AGENDA – OTHER BUSINESS
10.
DEVELOPMENT
SERVICES - ANNEXATIONS:
Discussion
and action on an Ordinance repealing Ordinance 8397 which established
procedures for annexation and amending Title 20 (Zoning), Chapter 20.06 (Zoning
Districts and Maps), of the El Paso City Code to establish annexation
procedures. (All Districts)
[Development
Services, John Neal, (915) 541-4285] POSTPONED FROM 07-07-09 AND 07-21-09
11.
COMMUNITY
AND HUMAN DEVELOPMENT:
Discussion
and action on a Resolution that City Council approve the Homelessness
Prevention and Rapid Re-Housing Program (HPRP) funding awards for 2009 - 2012;
that the City Manager be authorized to sign all contracts and documents, and
amendments to such contracts, with the agencies approved for 2009 - 2012 HPRP;
that the City Manager be authorized to sign all Environmental Assessments,
Requests for Release of Funds, Certifications and Performance Reports required
by HUD for HPRP activities; and that the City Manager be authorized to take any
actions necessary to accomplish the intent of the resolution upon approval by
the City Attorney’s Office and Director of Community and Human Development
Department. (All Districts)
[Community and Human Development,
William Lilly, (915) 541-4643]
12.
ECONOMIC
DEVELOPMENT:
Discussion
and action that the City Manager be authorized to sign a Grant Agreement
between the City of El Paso and Project ARRIBA Advanced Retraining and
Redevelopment Initiative in Border Areas, Inc. ("Grantee"), a 501(c)3
tax exempt, non-profit Texas corporation for the purpose of creating a
permanent and sustainable source of local nurses, teachers and information
technologists to address severe shortages in the City of El Paso. Amount:
$200,000. Funding Source: General Fund
Account #505200. (All Districts) [Economic Development, Kathryn B.
Dodson, (915) 541-4872]
13.
ENVIRONMENTAL
SERVICES:
Discussion
and action on a Resolution that the City of
[Environmental Services,
Marty Howell, (915) 541-4925]
14.
MAYOR AND
COUNCIL:
14A.
Discussion and action regarding a Resolution
appointing three members to the Camino Real Regional Mobility Authority
Board. [
Position
#2 Position #4 Position #6
(Vacant)
Tanny Berg
(Incumbent) Tony Payan (Incumbent) Susan Melendez
Ignacio
Troncoso Luis Talavera Rosario Holguin
Adrian
Quintela Belen
Robles Patrick
Abeln
14B.
Discussion and action concerning hours of operation
at Gary Del Palacios Recreation Center at the request of citizen Douglas
Barker.
[Representative Rachel
Quintana, (915) 541-4701]
14C.
(TO BE HEARD AT 11:00 A.M. OR LATER)
Discussion regarding City policy governing charges for Solid Waste
Service when the residence is vacant and service not being used --
specifically, tying disconnect of solid service to disconnect of water service.
[Representative
Eddie Holguin, (915) 541-4178]
15.
MUNICIPAL
CLERK:
Discussion
and action on the appointment of part-time Associate Municipal Court Judges:
Dave
Dolezal
Susan
Godwin
Sheldon
Myers
Darron
Powell
Jorge
Rivas
(All
Districts)
[Municipal Clerk, Richarda Duffy
Momsen, (915) 541-4127]
16.
PARKS AND
RECREATION:
Discussion
and action on a Resolution that the December 3, 2002, Lease Agreement between
the City and the Wellington Chew Senior Advisory Committee, Inc. and the
December 15, 2005, additional lease are terminated. (District
2)
[Parks and
Recreation, Judy Weiss, (915) 541-4259]
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.
Cecilia Gudino vs. Daniel Hicks and the City of
EX2.
Workers' Compensation subrogation interest regarding Jose
Luis Olvera, Jr. (551.071) [City Attorney's Office, Maria G. Martinez, (915) 541-4550]
EX3.
800 S. Piedras,
[
EX4.
241 Colfax,
[
EX5.
3228
[
EX6.
Property adjacent to
EX7.
Clear Channel Outdoor, Inc. vs. City of
[City
Attorney’s Office, Laura P. Gordon, (915) 541-4550]
EX8.
William D.
Abraham, as Trustee for the Franklin Group, L.P. vs. the City of El Paso,
Texas, et al.; Cause No. 2007-688. (551.071)
[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