December 2, 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.
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
– Reverend Lisle Davis
Pledge of
Allegiance
Mayor’s PrOCLAMATIONS
1.
Christmas Tree Lighting
Ceremony and
2.
Operation Santa Claus Day
3.
Youth for Human Rights Week
RECOGNITIONS
1.
Red Kettle Ring-Off
2.
Dr. Lea R. Hutchinson, el
paso Zoo Director Emeritus
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 18, 2008. [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
Lessor’s Approval of Assignment by and between the City of El Paso (“Lessor”),
Boeing/Skypark II Ltd. (“Assignor”), and Ministerios Nuevo Amanacer, Inc.
(“Assignee”) for the following described property: a portion of Lots 7 and 8, Block 5, El Paso
International Airport Tracts, Replat “A”, City of El Paso, El Paso County,
Texas. (District 3) [Airport, Patrick Abeln, (915)
780-4724]
3B.
That the City Manager be authorized to sign a Letter
of Agreement between the City of
[Airport, Patrick
Abeln, (915) 780-4724]
3C.
That the City Manager and City Engineer be authorized as follows: 1) the City Engineer shall notify Tirayan
Construction and its surety, Western Surety Company, that the City of El Paso
is terminating Bid No. 2008-185 to Tirayan for the construction of a project
known as Cedar Grove Sidewalks Improvements, pursuant to General Conditions
6.9, Right of Owner to Terminate the Contract, due to the default by Tirayan
and that the termination shall become effective immediately upon service of the
notice of termination upon Tirayan and Western Surety Company; 2) the City
Engineer shall file a claim with Western Surety Company based on the default of
Tirayan Construction and make demand that the surety perform the remainder of
the work of the Cedar Grove Sidewalks Improvements project in accordance with
the terms and conditions of Bid No. 2008-185; and 3) the City Manager is
authorized to sign any take-over agreements or related documents upon approval
by the City Attorney’s Office and the City Engineer and to take any actions
necessary to accomplish the intent of this Resolution. (District
3) [Engineering, R. Alan Shubert, (915) 541-4423]
3D.
That the City Manager be authorized to sign a 180-day License Agreement
with the El Paso County Water Improvement District No. 1 for use of District
facilities for conveyance of dewatering activities necessary for construction
of pipeline, sewer lines, buildings or other facilities not owned by the
District into one or more of the District’s drainage canals or other
facilities. The City Manager is also
authorized to sign amendments to the License Agreement extending the time of
the License up to an additional 180 days.
(District 1)
[Engineering, R. Alan
Shubert, (915) 541-4423]
3E.
That the City expend additional available funding in the amount of
$60,909.80 to Vistacon, Inc. to fund additional labor and materials for
Contract Number 2008‑056, EPIA Terminal Modifications and Additional
Public Concessions.
(District 2) [Engineering, R. Alan Shubert, (915) 541-4423]
3F.
That the City Manager be authorized to sign a
Contract of Sale between the City of El Paso and Carlos Castillo and Luciana
Castillo, also known as Luciana Cruz Provencio, for the purchase of Lot 12,
Block 3, Valle De San Miguel Addition, an addition to the City of El Paso, El
Paso County, Texas, according to the plat thereof on file in Volume 53, Page 1,
Real Property Records, also known as 8532 San Miguel Drive, El Paso,
Texas, for the purchase price of $73,618.
Project #: PSTM06PW556; Fund: 27263; Department: 14200500; Account: 508000. (District 6) [Engineering,
R. Alan Shubert, (915) 541-4423]
4.
BOARD
RE-APPOINTMENTS:
4A.
Doug Hamilton to the Airport Board by Representative
Ann Morgan Lilly, District 1. [Representative Ann Morgan Lilly,
(915) 541-4151]
4B.
Frederick J. Shuford to the Parks and Recreation
Advisory Board by Representative Melina Castro, District 4. [Representative Melina Castro, (915) 541-4400]
5.
BOARD
APPOINTMENTS:
5A.
Carlos Veloz to the Empowerment Zone Advisory Board
by Representative Emma Acosta, District 3.
[Representative
Emma Acosta, (915) 541-4572]
POSTPONED FROM 11-11-08 AND 11-18-08
5B.
Miguel Fernandez to the City Plan Commission by
Representative Susie Byrd, District 2. [Representative Susie Byrd, (915)
541-4416]
5C.
Eduardo Castorena to the Tax Increment Reinvestment Zone Number 5 by
Mayor John F. Cook. [Mayor John F. Cook, (915) 541-4145]
5D.
Angelica Quintanilla to the Committee on Border Relations by Mayor John
F. Cook. [Mayor John F. Cook, (915) 541-4145]
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 for
Buffer Zone Protection CCTV cameras for railroad tunnels to Advanced Security
Contractors, Inc., the sole source certified dealer and repair center for CCTV
Cameras and accessories.
Department: Police Department
Account
No.: 21150010 – 508007
– 05408 – G210810
Funding
Source: Federal Police
Grant, Buffer Zone Grant, Public Safety
Equipment
Total
Estimated Award: $161,581.01
Sole
Source No.: 2009-067
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 INX,
Inc., in the amount of $140,863.15. INX,
Inc., is a State Department of Information Resources (DIR) contractor under DIR
State Contract DIR-SDD-239 for Catalyst 6500 Series and Cisco Upgrades. Participation by the City of
Department: Information Technology
Account
No.: 39010351 – 508010
– 01101
Funding
Source: Information
Services, Data Processing Equipment
Total
Estimated Award: $140,863.15
Reference
No.: 2009-068
Districts: All
[Financial Services/Purchasing,
Terrence Freiburg, (915) 541-4313]
6C.
Request that the Purchasing Manager for Financial
Services, Purchasing Division, be authorized to issue a purchase order to
CheckPoint Services, Inc., for Environmental Services computer hardware servers
and server storage expansion needed for the Accela Automation Project under the
Texas Department of Information Resources (DIR) Contract No. DIR-SDD-192 for
Dell Computers and third party peripherals in the amount of $105,551.81. The participation by the City of
Department: Environmental Services
Account
No.: 34010289 – 508010
– 40403
Funding
Source: Environmental
Services
Total
Amount: $105,551.81
Reference
No.: 2009-071
Districts: All
[Financial Services/Purchasing, Terrence
Freiburg, (915) 541-4313]
REGULAR AGENDA - INTRODUCTIONS
7.
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.
7A.
An Ordinance granting a special privilege to The El Paso Project, LLC
permitting two accessibility ramps with stairs, a wall, and a portion of the
structure to encroach onto portions of public rights-of-way adjacent to the
property located at
[Development
Services/Planning, Mirian Spencer, (915) 541-4192]
7B.
An Ordinance amending
Title 12 (Vehicles and Traffic), Chapter 12.44 (Stopping, Standing, and Parking
Generally), Section 12.44.030 (Proximity to Curb) of the El Paso City Code
by adding parking requirements for motorcycles.
The penalty being as provided in Section 12.84.010 (Violation - Penalty)
of the El Paso City Code. (All
Districts)
[Engineering/Traffic
Division, Ted Marquez, (915) 541-4035]
7C.
An Ordinance amending Title 7 (Animals), by adding Chapter 7.30 (Animal
Welfare Advisory Committee); and sections thereunder to establish the Animal
Welfare Advisory Committee. (All
Districts)
[Public Health, Michael Hill, (915) 771-5702]
7D.
An Ordinance amending Title 7 (Animals), by
adding Chapter 7.28 (Animal Shelter Advisory Committee); and sections thereunder
to establish the City of El Paso Animal Shelter Advisory Committee. (All Districts)
[Public Health, Michael Hill, (915) 771-5702]
PUBLIC
HEARING WILL BE HELD ON December
9, 2008, FOR ITEMS 7A – 7D
7E.
An Ordinance
changing the zoning of a portion of Lot 10, replat of Crown Point Addition,
City of El Paso, El Paso County, Texas, from R-3 (Residential) to A-O
(Apartment/Office). The penalty is as
provided for in Chapter 20.24 of the El Paso City Code. Subject property: 100
[Development
Services/Planning, Ismael Segovia, (915) 541-4027]
PUBLIC
HEARING WILL BE HELD ON DECEMBER 23, 2008, FOR ITEMS 7E
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
8.
DEVELOPMENT
SERVICES:
8A.
An Ordinance changing the zoning of a portion of a replat
of Ysleta Industrial District, City of El Paso, El Paso County, Texas, from M-1 (Manufacturing) to C‑1
(Commercial). The penalty is as provided
for in Chapter 20.24 of the El Paso City Code.
Subject property:
[Development
Services/Planning, Arturo Rubio, (915) 541-4633]
8B.
An Ordinance changing the zoning of a portion of Lot 11, Block
5, Hueco View Acres, City of El Paso, El Paso County, Texas, from C-1
(Commercial) to R-4 (Residential) and imposing a condition. The penalty is as provided for in Chapter
20.24 of the El Paso City Code. Subject
property: north of
8C.
An Ordinance releasing conditions on property by Ordinance
No. 009146 which changed the zoning of a portion of Lot 11, Block 5, Hueco View
Acres, City of
9.
ENGINEERING:
9A.
An Ordinance amending Title 12 (Vehicles and Traffic),
Chapter 12.88 (Schedules), Section 12.88.200 Schedule XII (Restrictions on
Parking in Residential Districts), Zone Q (No Parking 7:00 a.m. to 4:00 p.m.,
School Days Only) of the El Paso City Code by adding Milan Street from Quail
Avenue to Naples Avenue, both sides. 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]
9B.
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 by deleting Number 157
Lee Street between Magoffin Avenue and Olive Avenue, west side only. The penalty being as provided in Section
12.84.010 (Violation - Penalty) of the El Paso City Code. (District 8) [Engineering/Traffic
Division, Ted Marquez, (915) 541-4035]
10.
TAX
OFFICE:
10A.
An Ordinance authorizing the City
Manager to execute a quitclaim (tax resale) deed conveying all right, title,
and interest in real property described herein to G.W.M. Investments II, L.P.,
in accordance with Section 34.05 (h) of the Tax Code. (District 8)
[Delgado,
Acosta, Spencer, Linebarger, and Perez, LLP, Carmen
Perez, (915) 545-5481]
10B.
An Ordinance authorizing
the City Manager to execute a quitclaim (tax resale) deed conveying all right,
title, and interest in real property located at 404 Nino Aguilera to Centro De
Salud Familiar La Fe, Inc., in accordance with Section 34.05 (h) of the Tax
Code. (District 8)
[Delgado,
Acosta, Spencer, Linebarger, and Perez, LLP, Carmen
Perez, (915) 545-5481]
REGULAR
AGENDA – OTHER BUSINESS
11.
MAYOR AND
COUNCIL:
Discussion
and action on a Resolution expressing support for the Big City Mayor's
Legislative Initiative dealing with homelessness. (All
Districts)
[Mayor’s Office, Sylvia Borunda Firth, (915)
541-4657]
12.
DEVELOPMENT
SERVICES:
Discussion
and action on Conditional B permit for Education Heights Subdivision. (District 1)
[Development
Services, Victor Q. Torres, (915) 541-4557]
13.
ENGINEERING:
Discussion
and action on Tierra Commercial Unit 5 Subdivision Plat proportionality appeal
submitted by River Oaks Properties, Ltd. and Ranchos Real XII, Ltd. under
Section 19.46 of the El Paso City Code. (District 5)
[Engineering, R. Alan Shubert, (915) 541-4423]
POSTPONED FROM
11-04-08 and 11-18-08
14.
CITY
MANAGER:
City Manager’s report of current
events and issues:
Discussion
and action on Capital Improvement Program including:
1.
2009 Debt Issuance
2. Storm 2006 Project Update
3. Sun Metro Capital Projects Update
(All Districts) [Engineering, R. Alan Shubert, (915)
541-4423]
4.
Discussion and action on a Resolution that the City Council affirms that
the list of projects totaling $73,128,137 shall be the established list of
Capital Improvement Program projects for 2009 and that the City Manager be
authorized to establish the funding sources for these projects and make all
necessary budget transfers at the appropriate times. (All Districts)
[Financial &
Administrative Services, William Studer, (915) 541-4011]
5. Discussion
and action that the City Manager be authorized to sign the Agreement for
Engineering Services by and between the City of El Paso and Moreno Cardenas, Inc., for a project known as “Northeast Channel No. 2, Phase 1 Improvements” for an amount not to exceed $469,841.80 and that the City Engineer be
authorized to approve up to $50,000.00 in additional services for a total
contract amount not to exceed $519,841.80.
Funding: 31260001/ 508016/ 60654/PSTM06 PW512 and
99331117/508016/27264/PSTM06 PW514. (District
4)
[Engineering, R. Alan Shubert, (915) 541-4423]
6. Discussion
and action that the City Manager be authorized to sign the Agreement for
Engineering Services by and between the City of El Paso and Quantum Engineering Consultants
Incorporated for a project known as “Saipan-Ledo Park/Pond” for an amount not
to exceed $404,049.90 and that the City
Engineer be authorized to approve up to $50,000.00 in additional services for a
total contract amount not to exceed $454,049.90. Funding: FY2009 Certificate of Obligation Debt
Issuance. (District 3) [Engineering, R. Alan Shubert, (915) 541-4423]
7.
Discussion and action that
the City Manager be authorized to sign the Agreement for Engineering Services
by and between the City of El Paso and Jacobs Engineering Group, Inc., for a project known as “Transit
Planning Services: Alternatives Analysis Development” for an amount not to exceed $980,951 and that the City Engineer be
authorized to approve up to $50,000 in additional services for a total contract
amount not to exceed $1,030,951.
Funding: FY 2009 Certificate of Obligation Debt Issuance. (All Districts) [Engineering, R. Alan
Shubert, (915) 541-4423]
8. Discussion and action that the City Manager be authorized to sign the
Agreement for Engineering Services by and between the City Of El Paso and CEA Group,
Inc., for a project known as “Oregon Street Rehabilitation” for an amount not to exceed $378,240.39 and
that the City Engineer be authorized to approve up to $50,000.00 in additional
services for a total contract amount not to exceed $428,240.39.
Funding:
9331117/508016/27263/PCP06ST022B and 31255002/ 508016/ 05791/
PCP06ST022B. (Districts 1 and 8) [Engineering, R. Alan Shubert, (915) 541-4423]
9. Discussion
and action that the City Manager be authorized to sign a Local Project Advance
Funding Agreement (LPAFA) between the City of El Paso and the State of Texas,
acting by and through the Texas Department of Transportation. The scope of work for the Agreement is the
extension of
[Engineering, R. Alan
Shubert, (915) 541-4423]
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 relative to City Manager's Annual Performance
Review. (551.074) [Mayor
John F. Cook, (915) 541-4145]
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