November 10, 2009
Council Chambers,
City Hall
9:00 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 Clift Barnes
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
2.
FIGHT AGAINST HUNGER MONTH
3.
FILIPINO AMERICAN RECOGNITION MONTH
RECOGNITIONS
1.
Enriqueta "Queta" Fierro - Conquistador
Award
2.
2009 Outstanding Government Organization Award by the
State 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 November 3, 2009. [Municipal Clerk, Richarda
Duffy Momsen, (915) 541-4127]
2.
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
3.
RESOLUTIONS:
3A.
That the City Council declares that the expenditure of discretionary
funds to support the Binational Independent Film Festival to be held from
January 8 through January 16, 2010, serves a municipal purpose and is
authorized. (District 1, 5, 7, and 8) [Representative
Steve Ortega, (915) 541-4108]
3B.
That the City Manager be authorized to sign a
Building Lease Agreement by and between the City of
[Airport, Monica
Lombrana, (915) 780-4724]
3C.
That the City Manager be authorized to sign an Air
Cargo Building Lease Agreement by and between the City of
3D.
That the City Manager be authorized to sign a Lessor’s Approval of
Assignment by and between the City of El Paso (“Lessor”), EastGroup Properties,
L.P. (“Assignor”), and Air Matrix Holdings, LP (“Assignee”) for the following
described property: a portion of Lots 6,
7, and 8, Block 3, Butterfield Trail Industrial Park, Unit One, Replat A, City
of El Paso, El Paso County, Texas, and municipally known as 15 Founders Blvd.,
El Paso, Texas. (District 2)
[Airport, Monica
Lombrana, (915) 780-4724]
3E.
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 $20,000 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,
3F.
That the City Manager be authorized to execute a Multiple Use
Agreement between the City of
3G.
That the Solid Waste liens on the attachment posted
with this agenda be approved. (See
Attachment A) (Districts 1, 2, 3, 6, 7, & 8)
[Environmental
Services, Ellen A. Smyth, (915) 621-6719]
3H.
That the City Manager is hereby authorized to
sign the
4.
BOARD
RE-APPOINTMENT:
Geoffrey
Wright to serve on the Construction Board of Appeals Committee by
Representative Carl Robinson, District 4.
[Representative
Carl Robinson, (915) 541-4400]
5.
BOARD
APPOINTMENTS:
5A.
Ken Gezelius to the Civil Service Commission Board by
Representative Carl Robinson, District 4.
[Representative
Carl Robinson, (915) 541-4400]
5B.
Luis Ruiz to serve on the Parks & Recreation
Board by Representative Carl Robinson, District 4. [Representative Carl Robinson, (915) 541-4400]
5C.
Laurie Paternoster to the Greater
5D.
Kathleen Campbell
5E.
Getsemani Yanez to the Community Development Steering Committee by
Representative Susie Byrd, District 2. [Representative Susie Byrd, (915)
541-4416]
6.
Purchasing requests to issue purchase orders:
6A.
Request that the Purchasing Manager for Financial
Services, Purchasing Division, be authorized to issue a purchase order to Advanced
Security Contractors, Inc., the sole source provider for i3DVR closed circuit
TV system and current provider of security systems installed in various City
Buildings, for the
installation of Video Security camera systems at Wellington Chew, Polly Harris,
Eastside, Grandview, Galatzan, LF Washington, Multipurpose, and Acosta Centers.
Estimated
expenditure is $85,000.
Department: Parks and Recreation
Account
No.: 51010363 –
508009 – 01101
Funding
Source: General Fund
Total
Estimated Award: $85,000
Sole
Source No.: 2010-078
Districts: 2,
3, 5, and 8
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
[Parks and
Recreation, Judy Weiss, (915) 541-4259]
6B.
Request that the Purchasing Manager for Financial Services, Purchasing
Division, be authorized to issue a purchase order to Barney’s Inc. and
Precision Delta Corporation under the Texas Procurement and
Department: Police
Award to: Vendor 1: Barney’s Inc. - $137,715
Vendor 2: Precision Delta
Corp. - $255,600
Account
No.: 21010052 –
503109 – 01101
Funding
Source: FY 2010
General Fund Budget
Total
Estimated Amount: $393,315
Reference
No.: 2010-084
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
[Police Department, Eric Shelton,
(915) 564-7357]
7.
BID:
The award of Solicitation No. 2010-033 (Traffic Signal Cables)
to Paige Electric Co. for a total award of $78,740.
Department: Street
Award to: Paige Electric Co.
Items: All
Option: 100% at the
same unit price within 60 days from date of award
Account
No.: 32010288 – 503203 –
01101
99331117 – 508027 – 27263 – PCP06ST013
Funding
Source: Public Accesses –
Maintenance & Repair; Construction (CWIP)
Total
Award: $78,740
Districts: All
This is a
fixed-price, single (one-time) purchase.
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]
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 the Final Project Plan and Final Reinvestment Zone
Financing Plan for Tax increment Reinvestment Zone Number Five, City of
[Economic
Development, Kathryn B. Dodson, (915) 541-4872]
8B.
An Ordinance amending
Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.030
(Schedule III – Parking Prohibited at All Times on Certain Streets) of the El
Paso City Code to prohibit parking on Marcus Uribe Drive between Loma De Color
Drive and the east city limits, both sides, and Sean Haggerty Drive between
McCombs Drive and the north city limits, with the exception of the north-side
of the 5700 block. The penalty being as
provided in Section 12.84.010 (Violation - Penalty) of the El Paso City Code. (District 4)
[Engineering/Traffic
Division, Ted Marquez, (915) 541-4035]
PUBLIC
HEARING WILL BE HELD ON NOVEMBER 17, 2009, FOR ITEMS 8A – 8B
8C.
An Ordinance changing the zoning of Lot 18, Block 258, Vista Del Sol
Unit 45, City of El Paso, El
Paso County, Texas, from A-2 (Apartment) to A-O (Apartment/Office), and
imposing a condition. The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject property:
8D.
An Ordinance
changing the zoning of all of Lot 9 and the north 10 feet of Lot 8, Block 273,
Campbell Addition, City of El Paso, El Paso County, Texas, from A-2 (Apartment)
to A-O (Apartment/Office). The penalty
is as provided for in Chapter 20.24 of the El Paso City Code. Subject property:
8E.
An Ordinance
granting Special Permit No. ZON09-00042 to allow a beauty salon and 100%
parking reduction in off-street parking requirement on the property described
as all of Lot 9 and the north 10 feet of Lot 8, Block 273, Campbell 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 for in Chapter 20.24 of the El Paso City Code. Subject property: 1015
8F.
An Ordinance releasing conditions placed on property by Ordinance No.
9364 which changed the zoning on Lot 1, Block 1, Plexxar III Unit One, Tracts
2D, 2D1, and 4, Nellie D. Mundy Survey 240, a portion of Tract 10B4A, Nellie D.
Mundy Survey 239, and all of Tract 2D4, Nellie D. Mundy Survey 243, 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:
8G.
An Ordinance
releasing conditions placed on property by Ordinance No. 9364 which changed the
zoning on a portion of Lots 2 and 3, Block 2, Plexxar South Unit 2, Tract 1M,
S.J. Larkin Survey 264, Tracts 1B7 and 1B8, S.J. Larkin Survey 266 and Tract
6E, WH Lenox Survey 242, 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 Helen of Troy Drive
between
8H.
An Ordinance releasing
conditions placed on property by Ordinance No. 9364 which changed the zoning of
Westport Unit Seven Amending Subdivision, City of
[Development Services/Planning,
Linda Castle, (915) 541-4029]
8I.
An Ordinance
releasing conditions placed on property by Ordinance No. 9364 which changed the
zoning of a portion of Lot 1, Block 1, Plexxar South, Tracts 61C and 62D, W.H.
Glenn Survey 241 and Tract 1B6, S.J. Larkin Survey 266, 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: between
PUBLIC
HEARING WILL BE HELD ON DECEMBER 1, 2009, FOR ITEMS 8C – 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 granting Special Permit No.
ZON09-00040 to allow for a 38.7% parking reduction on the property described as
Lots 1 thru 6, the west 15 feet of Lot 7, Lots 17, 18 and 19, Block 1, Franklin
Heights Addition, an Addition to the City of El Paso, El Paso County, Texas;
Lots 7 thru 20, Block 214, Campbell Addition, an Addition to the City of El
Paso, El Paso County, Texas; a portion of Ange Street closed by Ordinance
No. 017061 lying between Block 1, Franklin Heights Addition and Block 214,
Campbell Addition, City of El Paso, El Paso County, Texas; a portion of a
20-foot wide alley closed by Ordinance No. 017062 lying between Lots 11 thru
14, and Lots 7 thru 10, Block 214, Campbell Addition and a portion of a 18-foot
wide alley between Lots 1 thru 3, and 17 thru 19, Block 1, Franklin Heights
Addition, City of El Paso, El Paso County, Texas, pursuant to Section 20.14.070
(Parking Reduction) 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, Tony De La Cruz, (915) 541-4329]
9B.
An Ordinance amending Title 19
(Subdivisions), Chapter 19.15 (Roadways), Section 19.15.110 (Street Width and
Design) and Chapter 19.20 (Parks and Open Space), Section 19.20.090 (Provision
for Private Park Facilities and Private Open Space) and Section 19.20.100
(Provision for Bonus Reductions for Additional Land or Facilities on New or
Existing Public Parklands), of the El Paso City Code to amend credit procedures
for private park facilities and off-site park facilities and to allow for
alternative road design. The penalty as
provided in Chapter 19.04.090 of the City of
[Development
Services/Planning, Eduardo Garcia, (915) 541-4638]
9C.
An Ordinance to amend Title 20
(Zoning) to amend various sections thereunder pertaining to the duties and structure
of the Development Services Department, and the duties of staff; and to clarify
the type of criminal penalty for a violation; the penalty being as provided in
Section 20.24.020 of the El Paso City Code.
(All Districts) [Development Services/Planning, Eddie Garcia, (915)
541-4638]
9D.
An Ordinance to amend Title 19
(Subdivisions) to amend various sections thereunder to change the references to
the former Planning and Building Permits & Inspections Departments to the
Development Services Department, to correctly reference and assign City staff
to enforce the code; to correct terminology and reconcile the wording used in
Title 19 with similar provisions and references in other code titles so as to
be uniform, including the creation of the penalty; to revise definitions so as
to be uniform with other code provisions and delete unnecessary definitions; to
revise the process for amending the title; and to incorporate the fee reduction
incentives previously adopted in Ordinance No. 016878 into the title’s
current section numbers and to repeal Ordinance No. 016878; The penalty
being as provided in section 19.42.070 of the El Paso City Code. (All Districts) [Development
Services/Planning, Eddie Garcia, (915) 541-4638]
10.
ENGINEERING:
An Ordinance amending
Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.110
(Schedule IX - Special Truck Routes for Hazardous Material Carrying Vehicles),
of the El Paso City Code by amending the routes on Loop 375, Americas Avenue
(Loop 375 Frontage), Joe Battle Boulevard (Loop 375 Frontage), and Zaragoza
Road and adding SPUR 601 between Patriot Freeway (U.S. 54) and Loop 375. The penalty being as provided in Section
12.84.010 (Violation - Penalty) of the El Paso City Code. (Districts 2, 5, and 6) [Engineering/Traffic Division, Ted Marquez, (915)
541-4035]
REGULAR
AGENDA – OTHER BUSINESS
11.
MAYOR AND
COUNCIL:
Briefing by City staff on the City’s
actions to address concerns regarding the
12.
AIRPORT:
12A.
Discussion and action on a Resolution authorizing the
City Manager to sign a First Amendment to Commercial Ground Lease (“Lease”) by
and between the City of El Paso (“Lessor”) and Patriot Place, Ltd. (“Lessee”)
for the following described property: a
portion of Lot 1, Block 1, Hawkins Plaza, City of El Paso, El Paso County,
Texas, containing approximately 175,164 square feet of land and municipally
known and numbered as 1550 Hawkins Boulevard.
(District 3)
[Airport, Monica
Lombrana, (915) 780-4724]
12B.
Discussion and action on a Resolution authorizing the
City Manager to sign a
First Amendment to Commercial Site Lease (“Lease”) by and between the City of El
Paso (“Lessor”) and Patriot Place, Ltd. (“Lessee”) for the following described
property: a portion of Lot 1, Block 1,
13.
COMMUNITY
AND HUMAN DEVELOPMENT:
Discussion and action on a
Resolution authorizing the City Manager to sign and submit an application to
the Texas Department of Housing and Community Affairs (TDHCA) for a two-year
Homeless Housing and Service Program (HHSP) grant in the amount of $1,626,459
to fund, until May 31, 2011, eligible operation and direct service costs of
non-profit, homeless service providers in the El Paso community; authorizing
the City Manager to sign all contracts and documents with the agencies approved
for HHSP funding, as specified therein, as well as amendments to such contracts
which add or reduce funding when such amendments are consensual, including the
de-obligation of funds by mutual termination; and authorizing the City Manager
to take any actions necessary to accomplish the intent of this resolution and
to sign all Certifications, Performance Reports, and any agreements or related
documents for TDHCA or agency HHSP activities upon approval by the City
Attorney’s Office and Director of Community and Human Development. (All Districts)
[Community and Human Development,
William Lilly, (915) 541-4643]
14.
ENGINEERING:
14A.
Discussion and action on a Resolution amending Schedule C of Fiscal Year
2010 Budget Resolution to add new fees to be charged by the City for
residential parking districts pursuant to Section 12.44.280. (All
Districts)
[Engineering/Traffic
Division, Ted Marquez, (915) 541-4035] POSTPONED
FROM 11-03-09
14B.
Discussion and action on a Resolution authorizing the
City Manager to execute a Contract of Sale by and between the City of El Paso and Lorena Castro a/k/a
Lorraine Estrada Castro a/k/a Lorraine Castro, as Independent Executrix of the
Estate of Raul Campos, Deceased, and Rebecca R. Campos for the purchase of the
following parcels for the Paso Del Norte Bridge Project for $800,000: Parcel
1: the westerly portion of Lot 11, Block
44, Campbell Addition, an addition to the City of El Paso, El Paso County,
Texas, being more particularly described by metes and bounds in Exhibit “A”;
and Parcel 2: the westerly portion of
the south 1.00 feet of Lot 11, the westerly portion of Lots 12 through 17, and
the westerly portion of the north 16 feet of Lot 18, Block 44, Campbell
Addition, an addition to the City of El Paso, El Paso County, Texas, being more
particularly described by metes and bounds in Exhibit “B”; and that the
City Manager of the City of El Paso or her designee is hereby authorized to
execute any related documents necessary to accomplish the purchase of the
property identified and to effectuate the tenant relocation process using URA
guidelines and enter into any relocation agreements and pay for relocation in
the event relocation is required. This
expenditure is funded through a State Infrastructure Bank (SIB) loan. Project #:
PBR06003; Fund: 43005;
Department: 32000080; Account: 508000.
(District 8) [Engineering, R. Alan Shubert, (915) 541-4423]
15.
CITY
MANAGER:
15A.
Discussion and action on a Resolution superseding the
September 22, 2009, Resolution establishing a Blue Ribbon Committee to conduct
a study on a regional parks system and to evaluate and provide recommendations
to the City Council on forming a regional parks system in
[City Manager’s Office,
Leila Melendez, (915) 541-4859]
15B.
Discussion and action on appointment of members to the Blue Ribbon
committee established by Resolution of the City Council. (All
Districts)
[City Manager’s Office,
Leila Melendez, (915) 541-4859]
16.
MAYOR AND
COUNCIL:
16A.
Discussion and action regarding a Resolution that the
(All Districts) [
16B.
Discussion and action regarding the appointment of
one individual in each category to the Public Service Board as recommended by
the Public Service Board Selection Committee:
Financial
Management Environmental
or Health
1. Edward Escudero 1. Richard T. Schoephoerster
2. Albert Apodaca 2. Patrick Tarwater, PhD
3. Raymond Ponteri 3. John Walton, PhD
Communications,
Public Administration
Administration
or Education Consumer
or Citizen Advocacy
1. Ruth Katherine Brennand 1. Richard C. Bonart, DVM
2. Andy Saucedo 2. Robert A. Ardovino
3. Richard T. Schoephoester 3. Mona Goldberg
[
(ITEMS 16C AND 16D TO BE HEARD AT
11:00 A.M. OR LATER)
16C.
Presentation by
[
16D.
Legislative
Review Committee Report:
1.
For notation:
formal report of the Health and Safety Legislative Review Committee meeting
held on September 17, 2009, as submitted by Eddie Holguin, Chair; and;
2.
Discussion
and action regarding the recommendations of the Health and Safety Legislative Review
Committee from the September 17, 2009, meeting:
A)
Reconciliation
of City's funding to the
B)
Termination
of the City's participation in the Interlocal Agreement between City, County,
and Hospital District that created the El Paso MHMR Center.
C)
Disposition
of the City property now leased to the El Paso MHMR Center (3410 Morenci
Avenue), and providing MHMR relocation or other assistance.
D)
Including
mental health needs and funding as a legislative agenda priority.
E)
Exploring
other opportunities or other types of collaborations between MHMR and the City
of
[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
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