The City Of El Paso, Texas - www.elpasotexas.gov

VOTING AGENDA

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.

"1. APPROVAL OF MINUTES: REGULAR CITY COUNCIL MEETING OF NOVEMBER 14, 2006, AND THE SPECIAL CITY COUNCIL MEETING OF NOVEMBER 13, 2006 (AGENDA REVIEW)

ACTION TAKEN: APPROVED

APPROVAL OF MINUTES FOR REGULAR CITY COUNCIL MEETING OF NOVEMBER 14, 2006, AND THE SPECIAL CITY COUNCIL MEETING OF NOVEMBER 13, 2006 (AGENDA REVIEW).

[MUNICIPAL CLERK, RICHARDA DUFFY MOMSEN, (915) 541-4127]

"2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

ACTION TAKEN: EXCUSED

REPRESENTATIVE BETO O'ROURKE

"3. RESOLUTION: CITY MANAGER BE AUTHORIZED TO SIGN A LESSOR'S APPROVAL OF SUBLEASE BETWEEN THE CITY OF EL PASO (''LESSOR''), CUTTER AVIATION EL PASO, INC. (''LESSEE''), AND CAPITAL CARGO, INC. (''SUBLESSEE'')

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A LESSOR'S APPROVAL OF SUBLEASE BETWEEN THE CITY OF EL PASO (''LESSOR''), CUTTER AVIATION EL PASO, INC. (''LESSEE''), AND CAPITAL CARGO, INC. (''SUBLESSEE'') REGARDING A PORTION OF THE PREMISES LOCATED AT 253 GEORGE PERRY BLVD., EL PASO, TEXAS 79925. (DISTRICT 3)

[AIRPORT, PATRICK T. ABELN, (915) 780-4724]

"4A. REINSTATEMENT: CAMPOS, GUILLERMO - AIRPORT FIELD MAINTENANCE WORKER

ACTION TAKEN: APPROVED

REQUEST FOR NAME(S) TO BE PLACED ON REINSTATEMENT LIST IN ACCORDANCE WITH ARTICLE VI, SECTION 6.10.10, OF THE CIVIL SERVICE CHARTER PROVISIONS:

CAMPOS, GUILLERMO - AIRPORT FIELD MAINTENANCE WORKER

[AIRPORT, PATRICK T. ABELN, (915) 780-4724]

"4B. REINSTATEMENT: ALVAREZ, ERNESTO - SENIOR OFFICE ASSISTANT

ACTION TAKEN: APPROVED

REQUEST FOR NAME(S) TO BE PLACED ON REINSTATEMENT LIST IN ACCORDANCE WITH ARTICLE VI, SECTION 6.10.10, OF THE CIVIL SERVICE CHARTER PROVISIONS:

ALVAREZ, ERNESTO - SENIOR OFFICE ASSISTANT

[STREETS, DARYL W. COLE, (915) 621-6750)

"5. BOARD APPOINTMENT: DONALD A. MICHIE TO THE COMMITTEE ON BORDER RELATIONS

ACTION TAKEN: APPROVED

DONALD A. MICHIE TO THE COMMITTEE ON BORDER RELATIONS BY REPRESENTATIVE BETO O'ROURKE, DISTRICT 8.

[REPRESENTATIVE BETO O'ROURKE, (915) 541-4268]

"6. APPLICATIONS FOR TAX REFUND:

ACTION TAKEN: APPROVED

THAT THE TAX REFUNDS LISTED ON THE ATTACHMENT POSTED WITH THIS AGENDA BE APPROVED.

[TAX OFFICE, JUAN SANDOVAL, (915) 541-4369]

TAX REFUNDS

NOVEMBER 21, 2006

A. WCFSLF LTD IN THE AMOUNT OF $24,337.36 OVERPAYMENT OF

2003 TAXES. (PID #A765-999-006B-0170).

B. RONALD W. WHITE IN THE AMOUNT OF $9,183.58 OVERPAYMENT OF

2005 TAXES. (PID #S332-999-0030-3200).

C. HOMECOMINGS FINANCIAL IN THE AMOUNT OF $2,798.56

OVERPAYMENT OF 2005 TAXES. (PID #T287-999-0530-3800).

D. FIRST AMERICAN REAL ESTATE TAX SERVICE IN THE AMOUNT OF

$6,680.66 OVERPAYMENT OF 2005 TAXES.

(PID #X320-000-0000-0200).

"7. BEST VALUE PROCUREMENT: SOLICITATION NO. 2007-020, JANITORIAL SERVICES - MUNICIPAL COURT

ACTION TAKEN: APPROVED

THE AWARD OF SOLICITATION NO. 2007-020, JANITORIAL SERVICES - MUNICIPAL COURT, TO THE EAGLE JANITORIAL SERVICES FOR A TOTAL ESTIMATED AWARD OF $87,215.00.

DEPARTMENT: MUNICIPAL COURT

AWARD TO: THE EAGLE JANITORIAL SERVICES

EL PASO, TX

ITEM(S): 1

OPTION: NONE

ANNUAL ESTIMATED AMOUNT: $27,405.00

ACCOUNT NO.: 11010011-01101-502206

FUNDING SOURCE: OPERATING ACCOUNT JANITORIAL CONTRACTS

ESTIMATED TOTAL AWARD: $87,215.00

DISTRICT(S): 8

THIS IS A THIRTY-SIX (36) MONTH CONTRACT WITH NO OPTION.

THE DEPARTMENT OF MUNICIPAL COURT AND FINANCIAL SERVICES RECOMMEND AWARD AS INDICATED AS THIS VENDOR HAS PROVIDED THE BEST VALUE BID.

[FINANCIAL SERVICES, TERRENCE FREIBURG, (915) 541-4313]

"8. BUDGET TRANSFERS: BT2007-327 - AIRPORT

ACTION TAKEN: APPROVED

BT2007-327 AIRPORT

TRANSFER OF FUNDS TO COVER THE COST OF GUARD SERVICE REQUIRED BY NEW TSA MANDATES FOR INCREASED SECURITY.

INCREASE $122,000 TO FUND BALANCE TRANSFER

INCREASE $122,000 TO SECURITY CONTRACTS

[OFFICE OF MANAGEMENT AND BUDGET, DAVID ALMONTE, (915) 541-4011]

[AIRPORT, PATRICK T. ABELN, (915) 780-4724]

ACTION TAKEN: INTRODUCED

PUBLIC COMMENT TYPICALLY IS NOT TAKEN DURING THE INTRODUCTION OF ORDINANCES.

PUBLIC COMMENTS ARE INVITED AT THE DATE OF THE SCHEDULED PUBLIC HEARING.

9A. AN ORDINANCE AMENDING TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS), CHAPTER 5.46 (ASSISTED LIVING FACILITIES), OF THE EL PASO CITY CODE, TO CREATE THE CHAPTER RELATING TO STATE LICENSING, INSPECTION AND ENFORCEMENT ASSISTANCE REGARDING ASSISTED LIVING FACILITIES; THE PENALTY BEING AS PROVIDED IN SECTIONS 1.08.010-1.08.030 OF THE CITY CODE. (ALL DISTRICTS) [REPRESENTATIVE SUSIE BYRD, (915) 541-4416]

9B. AN ORDINANCE TO ESTABLISH REGULATIONS WHEREBY THE CITY OF EL PASO MAY REFUSE TO ENTER INTO AN AGREEMENT WITH A PERSON INDEBTED TO THE CITY OF EL PASO, AND WHEREBY THE CITY OF EL PASO MAY OFFSET AMOUNTS IT OWES VENDORS BY AMOUNTS OWED BY VENDORS TO THE CITY OF EL PASO. (ALL DISTRICTS)

[FINANCIAL SERVICES, CARMEN ARRIETA-CANDELARIA, (915) 541-4293]

PUBLIC HEARING WILL BE HELD ON DECEMBER 5, 2006, FOR ITEM 9A - 9B

9C. AN ORDINANCE CHANGING THE ZONING OF THE EAST ONE HALF OF LOTS 16-20, BOTH INCLUSIVE, BLOCK 214, ALEXANDER ADDITION, AN ADDITION TO THE CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-4 (RESIDENTIAL) TO A-O (APARTMENT/OFFICE). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: NORTH OF ROBINSON AND WEST OF KANSAS. APPLICANT: ROMELIA BEARD. ZON06-00124 (DISTRICT 1)

[DEVELOPMENT SERVICES, ARLAN GREER, (915) 541-4723]

9D. AN ORDINANCE GRANTING SPECIAL PERMIT NO. ZON06-00110 TO ALLOW FOR A PLANNED RESIDENTIAL DEVELOPMENT WITH PRIVATE STREETS ON A PORTION OF TRACT 1A, AND ALL OF TRACT 1B, S.J. LARKIN SURVEY NO. 265, AND A PORTION OF H.G. FOSTER SURVEY NO. 262, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTIONS 20.12.040 AND 20.22.040 (ZONING) OF THE EL PASO CITY CODE. THE PENALTY IS A PROVIDED FOR IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: SOUTH OF BEAR RIDGE DRIVE, EAST OF REDD ROAD. APPLICANT: ACRO DEVELOPERS I, LTD. ZON06 00110. (DISTRICT 1)

[DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

PUBLIC HEARING WILL BE HELD ON DECEMBER 12, 2006, FOR ITEMS 9C - 9D

PUBLIC HEARINGS WILL BE HELD AS PART OF THE REGULAR CITY COUNCIL MEETING WHICH 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.

ACTION TAKEN: ADOPTED

AN ORDINANCE CHANGING THE ZONING OF A PORTION OF LOT 17, BLOCK 126, PEBBLE HILLS SUBDIVISION UNIT 15, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM C-1/SC (COMMERCIAL/SPECIAL CONTRACT) TO A-2 (APARTMENT). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.68 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: YARBROUGH DRIVE, NORTH OF PEBBLE HILLS BOULEVARD. APPLICANT: EPT PUEBLO CONDOMINIUMS, L.P. ZON06-00112 (DISTRICT 5)

[DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

ACTION TAKEN: ADOPTED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A PARTIAL RELEASE OF CONTRACT BY AND BETWEEN LEAVELL DEVELOPMENT COMPANY, A CORPORATION, AND INDIVIDUAL HOMES, INC. (HEREINAFTER THE ''CONTRACT''), RELEASING CONDITIONS 1 AND 2, IN THE CONTRACT DATED MARCH 2, 1977, FOR THE PROPERTY DESCRIBED AS A PORTION OF LOT 17, BLOCK 126, PEBBLE HILLS SUBDIVISION UNIT 15, CITY OF EL PASO, EL PASO COUNTY, TEXAS. SUBJECT PROPERTY: YARBROUGH DRIVE, NORTH OF PEBBLE HILLS BOULEVARD. APPLICANT: EPT PUEBLO CONDOMINIUMS, L.P. ZON06-00119 (DISTRICT 5)

[DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

POSTPONED FROM 10-31-06

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A SPONSORSHIP AGREEMENT BETWEEN THE CITY OF EL PASO AND OVERTIME SPORTS SOUTHWEST, LLC COMMENCING NOVEMBER 21, 2006, THROUGH FEBRUARY 28, 2007, TO SPONSOR THE TEXAS VS. THE NATION GAME, IN AN AMOUNT NOT TO EXCEED $75,000 AND THAT CITY MANAGER IS AUTHORIZED TO SIGN THE NECESSARY DOCUMENTATION TO EFFECTUATE THE CONTRACT.

FUNDING SOURCE: 27456-P501566-57107100-502215. (ALL DISTRICTS)

[REPRESENTATIVE PRESI ORTEGA, JR., (915) 541-4189]

[REPRESENTATIVE STEVE ORTEGA, (915) 541-4124]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION REGARDING THE DETERMINATION AND SETTING OF PARADE FEES, CHARGES, AND COLLECTIONS. (ALL DISTRICTS) [DEVELOPMENT SERVICES, HARRY STEELE, (915) 541-4570]

ACTION TAKEN: DELETED

DISCUSSION AND ACTION ON THE AWARD OF SOLICITATION NO. 2006-179 FOR RAWLINGS DENTAL HEALTH CLINIC PROJECT TO F.T. JAMES CONSTRUCTION, INC. OF EL PASO, TEXAS, FOR A TOTAL ESTIMATED AMOUNT OF $818,818.00.

DEPARTMENT: CITY/COUNTY HEALTH

AWARD TO: F.T. JAMES CONSTRUCTION, INC.

EL PASO, TEXAS

ITEMS: BASE BID I: $818,818.00

ACCOUNT NO: G7131CD0024-71150069-07846-508027

G7131CD0024-31135001-27124-508027

G7131CD0024-31250204-60503-508027

FUNDING SOURCE: COMMUNITY DEVELOPMENT B-05-MC-48-0024

CERTIFICATES OF OBLIGATION FY 98A

CERTIFICATES OF OBLIGATION FY 02

TOTAL ESTIMATED AWARD: $818,818.00

DISTRICT(S): 8

IT IS REQUESTED THAT THE CITY MANAGER OF THE CITY OF EL PASO BE AUTHORIZED TO SIGN ANY CONTRACTS OR OTHER DOCUMENTS REQUIRED TO EFFECTUATE THIS AWARD.

AS PART OF THE AWARD OF THIS CONTRACT, THE CITY ENGINEER IS AUTHORIZED TO APPROVE CONTRACT CHANGES WHICH ARE NECESSARY FOR PROPER CONSTRUCTION OF THE WORK AND CARRYING OUT THE INTENT OF THE DESIGN, BUT WHICH DO NOT INCREASE THE SCOPE OF THE CONTRACT AS AWARDED, IN AN AMOUNT NOT TO EXCEED $25,000 PER NUMBERED CHANGE ORDER WITHOUT FURTHER AUTHORIZATION BY CITY COUNCIL.

THIS IS A LUMP-SUM CONTRACT.

THE DEPARTMENTS OF FINANCIAL SERVICES AND CITY/COUNTY HEALTH RECOMMEND AWARD TO THE BIDDER OFFERING THE BEST VALUE BID.

[ENGINEERING DEPARTMENT, RICK CONNER, (915) 541-4423]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON THE AWARD OF SOLICITATION NO. 2007-021 FOR DISTRICT NO. 8 PARK IMPROVEMENTS TO BLAIR HALL, INC. OF EL PASO, TEXAS, FOR A TOTAL ESTIMATED AMOUNT OF $720,589.81. THE CONTRACT INCLUDES IMPROVEMENTS TO SEVERAL DISTRICT NO. 8 PARKS.

DEPARTMENT: PARKS AND RECREATION

AWARD TO: BLAIR HALL, INC.

EL PASO, TEXAS

ITEMS: BASE BID I: $623,116.92

BASE BID II: $ 97,472.89

TOTAL ESTIMATED AWARD: $720,589.81

ACCOUNT NO: PBE04PA103-14200401-29103-508016 [$20,591.74]

PBE04PA103-14200401-29103-508024

[$5,369.00]

PBE04PA103-14200401-29103-508026

[$25,000.00]

PBE04PA103-14200401-29103-508027

[$511,021.29]

PBE04PA103-14200401-29103-508051

[$25,000.00]

PQLPA177-31130500-60176-504405

[$170,000.00]

FUNDING SOURCE: 2004 BOND AND 2000 QUALITY OF LIFE BOND

DISTRICT(S): 8

IT IS REQUESTED THAT THE CITY MANAGER OF THE CITY OF EL PASO BE AUTHORIZED TO SIGN ANY CONTRACTS OR OTHER DOCUMENTS REQUIRED TO EFFECTUATE THIS AWARD.

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 WILL BE THE SUM TOTAL OF UNIT PRICES AT THE END OF THE CONTRACT TERM.

AS PART OF THE AWARD OF THIS CONTRACT, THE CITY ENGINEER MAY, WITHOUT FURTHER AUTHORIZATION FROM CITY COUNCIL, APPROVE CONTRACT CHANGES WHICH ARE NECESSARY FOR PROPER CONSTRUCTION OF THE WORK AND CARRYING OUT THE INTENT OF THE DESIGN, WHICH ARE IN ACCORDANCE WITH APPLICABLE LAW AND WHICH DO NOT MAKE CHANGES TO THE UNIT PRICE AND WHICH ARE WITHIN THE APPROPRIATE BUDGET.

THIS IS A LOW BID, UNIT-PRICE CONTRACT.

THE FINANCIAL SERVICES AND PARKS AND RECREATIONS DEPARTMENTS RECOMMEND AWARD AS INDICATED TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER.

[ENGINEERING DEPARTMENT, RICK CONNER, (915) 541-4423]

ACTION TAKEN: APPROVED

BT2007-288 POLICE

THIS TRANSFER WILL INCREASE APPROPRIATIONS FOR CONFISCATED FUNDS TO ALLOW THE DEPARTMENT TO PURCHASE VARIOUS ITEMS AND TO COMPLETE VARIOUS PROJECTS FOR THIS FISCAL YEAR.

INCREASE $638,136 TO MISCELLANEOUS NON-OPERATING REVENUE

INCREASE $115,000 TO PROMOTIONAL SERVICES

INCREASE $210,128 TO FURNITURE & FIXTURES

INCREASE $313,008 TO DATA PROCESSING

(ALL DISTRICTS)

[OFFICE OF MANAGEMENT AND BUDGET, DAVID ALMONTE, (915) 541-4011]

[POLICE DEPARTMENT, PAUL CROSS, (915) 564-7310]