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 DECEMBER 2, 2008.

ACTION TAKEN: APPROVED

APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF DECEMBER 2, 2008. [MUNICIPAL CLERK, RICHARDA DUFFY MOMSEN, (915) 541-4127]

"2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

NO ACTION WAS TAKEN

"3A. RESOLUTION: THAT THE MAYOR AND CITY COUNCIL ENDORSE THE ''EMPOWERING LOCAL GOVERNMENT CLIMATE ACTION'' BLUEPRINT FOR THE NEW PRESIDENT AND CONGRESS.

ACTION TAKEN: APPROVED

THAT THE MAYOR AND CITY COUNCIL ENDORSE THE ''EMPOWERING LOCAL GOVERNMENT CLIMATE ACTION'' BLUEPRINT FOR THE NEW PRESIDENT AND CONGRESS. (ALL DISTRICTS) [ENVIRONMENTAL SERVICES, ELLEN A. SMYTH, (915) 621-6719]

"3B. RESOLUTION: THAT THE CITY MANAGER BE AUTHORIZED TO SIGN CONSENT TO ASSIGNMENT AND OPTION TO EXTEND THE CITY OF EL PASO CONTRACT NO. 2006-014R BY AND BETWEEN THE CITY OF EL PASO, ROGERS & BELDING INSURANCE AGENCY, INC.

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN CONSENT TO ASSIGNMENT AND OPTION TO EXTEND THE CITY OF EL PASO CONTRACT NO. 2006-014R BY AND BETWEEN THE CITY OF EL PASO, ROGERS & BELDING INSURANCE AGENCY, INC. (''ASSIGNOR'') AND WELLS FARGO INSURANCE SERVICES OF TEXAS, INC. (''ASSIGNEE'') FOR PROPERTY AND BOILER MACHINE INSURANCE COVERAGE IN WHICH ASSIGNOR/ASSIGNEE IS THE BROKER FOR INSURANCE COVERAGE TO BE PROVIDED BY GREAT AMERICAN INSURANCE COMPANY.

DEPARTMENT: OMB/INSURANCE & BENEFITS

OPTION: ONE [OF TWO]

ACCOUNT NO.: 99010273 - 504409 - 01101

FUNDING SOURCE: OMB/INSURANCE & BENEFITS, PROPERTY INSURANCE EXPENSE, SPECIAL ITEMS, OPERATING ACCOUNT

TOTAL ESTIMATED AWARD: $470,043

DISTRICTS: ALL

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

"4. BOARD RE-APPOINTMENT: VICKI B. WALKER TO THE HISTORY MUSEUM ADVISORY BOARD

ACTION TAKEN: RE-APPOINTED

VICKI B. WALKER TO THE HISTORY MUSEUM ADVISORY BOARD BY REPRESENTATIVE STEVE ORTEGA, DISTRICT 7. [REPRESENTATIVE STEVE ORTEGA, (915) 541-4108]

"5. BOARD APPOINTMENT: ELIZABETH LEAL TO THE HISTORIC LANDMARK COMMISSION

ACTION TAKEN: APPOINTED

ELIZABETH LEAL TO THE HISTORIC LANDMARK COMMISSION BY REPRESENTATIVE STEVE ORTEGA, DISTRICT 7. [REPRESENTATIVE STEVE ORTEGA, (915) 541-4108]

"6. DISCRETIONARY FUNDS: REQUEST AUTHORIZATION TO TRANSFER DISTRICT 7 DISCRETIONARY FUNDS (COUNCIL SPECIAL PROJECTS), DEPARTMENT ID NO. 01010007, ACCOUNT 504420, FUND NO. 01101, IN THE AMOUNT OF $1,500, TO THE EL PASO PUBLIC LIBRARY, DEPARTMENT ID 53153053, FUND 15454, ACCOUNT 503116 (CLASS 53000) TO PURCHASE ELECTRONIC EQUIPMENT FOR THE TEEN HANGOUT PROGRAM AT THE JUDGE EDWARD S. MARQUEZ BRANCH LIBRARY.

ACTION TAKEN: APPROVED

REQUEST AUTHORIZATION TO TRANSFER DISTRICT 7 DISCRETIONARY FUNDS (COUNCIL SPECIAL PROJECTS), DEPARTMENT ID NO. 01010007, ACCOUNT 504420, FUND NO. 01101, IN THE AMOUNT OF $1,500, TO THE EL PASO PUBLIC LIBRARY, DEPARTMENT ID 53153053, FUND 15454, ACCOUNT 503116 (CLASS 53000) TO PURCHASE ELECTRONIC EQUIPMENT FOR THE TEEN HANGOUT PROGRAM AT THE JUDGE EDWARD S. MARQUEZ BRANCH LIBRARY.

[REPRESENTATIVE STEVE ORTEGA, (915) 541-4108]

"7. BID: THE AWARD OF SOLICITATION NO. 2009-045 (PAPER SUNDRIES - RE-BID) TO BARON CHEMICAL COMPANY INC. AND SOUTHWESTERN MILL DISTRIBUTORS INC.

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2009-045 (PAPER SUNDRIES - RE-BID) TO BARON CHEMICAL COMPANY INC. AND SOUTHWESTERN MILL DISTRIBUTORS INC. FOR A TOTAL ESTIMATED AWARD OF $446,413.50.

DEPARTMENT: GENERAL SERVICES

AWARD TO: VENDOR 1: BARON CHEMICAL COMPANY INC.

EL PASO, TX

ITEMS: 1, 2, 3, 4, AND 5

OPTION: ONE YEAR

ANNUAL ESTIMATED AMOUNT: $60,212.50

AWARD TO: VENDOR 2: SOUTHWESTERN MILL DISTRIBUTORS INC.

EL PASO, TX

ITEMS: 6 AND 7

ANNUAL ESTIMATED AMOUNT: $88,592.00

ACCOUNT NO.: 31010325 - 503111 - 01101

FUNDING SOURCE: GENERAL FUND

TOTAL ESTIMATED AWARD: $446,413.50

DISTRICTS: ALL

THIS IS A 36-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 GENERAL SERVICES RECOMMEND AWARD AS INDICATED TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER.

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

ACTION TAKEN: APPROVED AS REVISED

THAT THE CITY COUNCIL HEREBY DETERMINES THAT ANY CAMINO REAL REGIONAL MOBILITY AUTHORITY (CRRMA) STRATEGIC PLANS REQUIRED BY THE TEXAS TRANSPORTATION CODE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION: EXECUTIVE SUMMARY; IDENTIFICATION OF CURRENT CRRMA BOARD; VISION AND MISSION STATEMENTS; GOALS FOR THE PLAN PERIOD; STRATEGIES TO ACHIEVE GOALS FOR THE PLAN PERIOD; AND POTENTIAL FUTURE CRRMA PROJECTS. (ALL DISTRICTS) [MOBILITY SERVICES, JANE SHANG, (915) 541-4686]

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A SERVICE AGREEMENT BY AND BETWEEN THE CITY OF EL PASO AND ARTIST MIKE MANDEL, TO DESIGN, FABRICATE, AND INSTALL PUBLIC ART TO BE KNOWN AS THE GLORY ROAD PUBLIC ART PROJECT IN THE AMOUNT OF $65,000. (DISTRICT 8) [MUSEUMS AND CULTURAL AFFAIRS, SEAN MCGLYNN, (915) 541-4896]

ACTION TAKEN: INTRODUCED

AN ORDINANCE OF THE CITY OF EL PASO, TEXAS, TRANSFERRING RATE MAKING AUTHORITY AND CHANGING THE RATE OF A MUNICIPAL UTILITY DRAINAGE SYSTEM. (ALL DISTRICTS) [MUNICIPAL CLERK, RICHARDA DUFFY MOMSEN, (915) 541-4127]

ACTION TAKEN: INTRODUCED

AN ORDINANCE CHANGING THE ZONING OF A PORTION OF TRACT 23A (N/K/A 23A1), TRACTS 23B1, 24G, AND 26D, SECTION 38, BLOCK 81, TOWNSHIP 1, TEXAS AND PACIFIC RAILROAD COMPANY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM C-1 (COMMERCIAL) TO C-3 (COMMERCIAL) AND IMPOSING A CONDITION. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 9660 DYER. APPLICANT: RICK L. PAUL-PETERSON. ZON08-00079 (DISTRICT 4)

[DEVELOPMENT SERVICES/PLANNING, ARTURO RUBIO, (915) 541-4633]

ACTION TAKEN: ADOPTED

AN ORDINANCE CHANGING THE ZONING OF LOTS 11 TO 14, BLOCK 146, CAMPBELL ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM C-5/SP (CENTRAL BUSINESS DISTRICT/SPECIAL PERMIT) TO C-5/H/SP (CENTRAL BUSINESS DISTRICT/HISTORIC/SPECIAL PERMIT) IN ORDER TO IMPOSE AN HISTORIC DISTRICT OVERLAY. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 300 S. FLORENCE. APPLICANT: THE EL PASO PROJECT LLC. ZON08-00075 (DISTRICT 8) [DEVELOPMENT SERVICES/PLANNING, TONY DE LA CRUZ, (915) 541-4329]

ACTION TAKEN: ADOPTED

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 300 SOUTH FLORENCE STREET. SUBJECT PROPERTY: 300 SOUTH FLORENCE STREET. APPLICANT: THE EL PASO PROJECT, LLC. SPL08-00024 (DISTRICT 8) [DEVELOPMENT SERVICES/PLANNING, MIRIAN SPENCER, (915) 541-4192]

ACTION TAKEN: ADOPTED

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]

ACTION TAKEN: ADOPTED

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]

ACTION TAKEN: ADOPTED

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]

ACTION TAKEN: 1ST MOTION - TO FIND A PUBLIC PURPOSE FOR DISTRIBUTION OF CHRISTMAS TOYS AT THE CHIHUAHUITA RECREATIONAL CENTER AND APPROVE THE USE OF DISTRICT 8 DISCRETIONARY FUNDS.

DISCUSSION AND ACTION ON USER FEES AND RENTAL POLICIES FOR PARKS AND RECREATION FACILITIES AND EQUIPMENT. [REPRESENTATIVE BETO O'ROURKE, (915) 541-4123]

ACTION TAKEN: FINAL MOTION - CARRIED TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION TO SET PARK USER FEES FOR SENIOR CITIZENS AT THE SAME RATE AS IN FISCAL YEAR 2008.

DISCUSSION AND ACTION ON USER FEES AND RENTAL POLICIES FOR PARKS AND RECREATION FACILITIES AND EQUIPMENT. [REPRESENTATIVE BETO O'ROURKE, (915) 541-4123]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION THE MAYOR BE AUTHORIZED TO SIGN A LETTER ALONG WITH ENVIRONMENT TEXAS RESEARCH AND POLICY CENTER AND ELECTED OFFICIALS ACROSS THE STATE OF TEXAS CALLING ON THE STATE LEGISLATURE TO LEAD THE WAY IN ADVANCING CLEAN ENERGY SOLUTIONS BY CREATING INCENTIVES AND REBATES TO ENCOURAGE INSTALLATION OF SOLAR PANELS AND ENERGY EFFICIENCY MEASURES IN TEXAS HOMES AND BUSINESSES. (ALL DISTRICTS) [MAYOR'S OFFICE, SYLVIA BORUNDA FIRTH, (915) 541-4657]

ACTION TAKEN: DELETED

DISCUSSION AND ACTION TO DIRECT STAFF TO BEGIN THE PROCESS TO DEVELOP OPTIONS RELATED TO THE DISSOLUTION OF THE EL PASO WATER UTILITY PUBLIC SERVICE BOARD AND TO REPORT BACK TO CITY COUNCIL. [REPRESENTATIVE EDDIE HOLGUIN, (915) 541-4178]

ACTION TAKEN: TO SEND THE ITEM TO THE INTERGOVERNMENTAL LEGISLATIVE REVIEW COMMITTEE FOR REVIEW.

DISCUSSION AND ACTION TO CHANGE THE MAKE-UP OF THE PSB BOARD.

[REPRESENTATIVE EDDIE HOLGUIN, (915) 541-4178]

ACTION TAKEN: TO AUTHORIZE THE CITY MANAGER TO SIGN THE SETTLEMENT AGREEMENT AS READ INTO THE RECORD BY ASSISTANT CITY ATTORNEY LUPE CUELLAR.

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, 11-18-08, AND 12-02-08

NO ACTION WAS TAKEN

CITY MANAGER'S REPORT OF CURRENT EVENTS AND ISSUES:

REPORT ON EL PASO ELECTRIC (EPE) FRANCHISE REQUIREMENTS RELATIVE TO ANNUAL CHARITABLE CONTRIBUTIONS. (ALL DISTRICTS) [CITY MANAGER, JOYCE WILSON, (915) 541-4071]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE BYRD, SECONDED BY REPRESENTATIVE ACOSTA, AND CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED SETTLEMENT AUTHORITY, TO NEGOTIATE SETTLEMENT AGREEMENT AND SIGN ALL NECESSARY DOCUMENTS TO RESOLVE THE CLAIM OF GOODWILL INDUSTRIES OF EL PASO, OUR FILE NO: 08-C-227.

CLAIM OF GOODWILL INDUSTRIES/SUN METRO, OUR FILE NO. 08-C-227. (551.071)

[CITY ATTORNEY'S OFFICE, KARLA M. NIEMAN, (915) 541-4550]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE BYRD, SECONDED BY REPRESENTATIVE O’ROURKE, AND CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED TO DENY CLAIMANT’S SETTLEMENT DEMAND IN THE CLAIM OF ALI BOURESLAN, OUR FILE NO. 08-C-199/POLICE.

CLAIM OF ALI BOURESLAN, OUR FILE NO. 08-C-199/POLICE. (551.071)

[CITY ATTORNEY'S OFFICE, MICHELE C. DALY, (915) 541-4550]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE BYRD, SECONDED BY REPRESENTATIVE O’ROURKE, AND CARRIED THAT THE OFFICE OF THE CITY ATTORNEY NOT PURSUE RECOVERY OF THE CITY’S WORKERS’ COMPENSATION SUBROGATION INTEREST REGARDING IGNACIO MORENO.

WORKERS' COMPENSATION SUBROGATION INTEREST REGARDING IGNACIO MORENO. (551.071)

[CITY ATTORNEY'S OFFICE, MARIA GUADALUPE MARTINEZ, (915) 541-4550]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE BYRD, SECONDED REPRESENTATIVE O’ROURKE AND CARRIED THAT THE CITY ATTORNEY'S OFFICE BE AUTHORIZED TO PREPARE THE NECESSARY DOCUMENTS FOR A RESTRUCTURING OF EMPOWERMENT ZONE LOAN EZRLF-62 TO VERANDA FLOWERS, FORMERLY KNOWN AS FLOWERAMA OF AMERICA NO. 187, AS RECOMMENDED BY THE CITY ATTORNEY AND THE COMMUNITY AND HUMAN DEVELOPMENT DEPARTMENT; AND THAT THE CITY MANAGER OR HER DESIGNEE BE AUTHORIZED TO SIGN ANY AND ALL RELATED DOCUMENTS AS APPROPRIATE.

DISCUSSION AND ACTION REGARDING EMPOWERMENT ZONE LOAN EZRLF-62 TO VERANDA FLOWERS F/K/A FLOWERAMA OF AMERICA NO. 187. (551.071)

[CITY ATTORNEY'S OFFICE, MARIE TAYLOR (915) 541-4550]

ACTION TAKEN: MOTION MADE BY REPRESENTATIVE QUINTANA, SECONDED BY REPRESENTATIVE O’ROURKE, AND UNANIMOUSLY CARRIED TO POSTPONE TWO WEEKS THE ITEM ON DISCUSSION AND ACTION RELATED TO THE CITY'S LIEN AGAINST THE PROPERTY LOCATED AT 10969 DUKE SNIDER CIRCLE, EL PASO, TEXAS. (551.071)

DISCUSSION AND ACTION RELATED TO THE CITY'S LIEN AGAINST THE PROPERTY LOCATED AT 10969 DUKE SNIDER CIRCLE, EL PASO, TEXAS. (551.071)

[CITY ATTORNEY'S OFFICE, MARIE TAYLOR, (915) 541-4550]

ACTION TAKEN: DELETED

DISCUSSION AND ACTION TO DISCUSS THE PRESIDENT AND CEO OF THE EL PASO WATER UTILITY EMPLOYMENT CONTRACT. [REPRESENTATIVE EDDIE HOLGUIN, (915) 541-4178]

"MTB1. DISCUSSION AND ACTION ON THE APPROVAL OF THE MINUTES FOR THE SEPTEMBER 16, 2008 SPECIAL MASS TRANSIT DEPARTMENT BOARD MEETING, THE NOVEMBER 11, 2008 MASS TRANSIT DEPARTMENT BOARD MEETING AND THE NOVEMBER 25, 2008 SPECIAL MASS TRANSIT DEPARTMENT BOARD BUS TOUR.

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON THE APPROVAL OF THE MINUTES FOR THE SEPTEMBER 16, 2008 SPECIAL MASS TRANSIT DEPARTMENT BOARD MEETING, THE NOVEMBER 11, 2008 MASS TRANSIT DEPARTMENT BOARD MEETING AND THE NOVEMBER 25, 2008 SPECIAL MASS TRANSIT DEPARTMENT BOARD BUS TOUR. (ACTION 08- 87)

ACTION TAKEN: CARRIED TO POSTPONE UNTIL THE NEXT MASS TRANSIT BOARD MEETING THE APPOINTMENT OF SUZANNE FABIAN TO THE CITIZENS ADVISORY COMMITTEE FOR THE MASS TRANSIT DEPARTMENT BOARD BY BOARD MEMBER EDDIE HOLGUIN.

DISCUSSION AND ACTION ON THE APPOINTMENT OF SUZANNE FABIAN AS A MEMBER TO THE CITIZENS ADVISORY COMMITTEE FOR THE MASS TRANSIT DEPARTMENT BOARD BY REPRESENTATIVE EDDIE HOLGUIN. (ACTION 08- 88)

ACTION TAKEN: RE-APPOINTED

DISCUSSION AND ACTION ON THE APPOINTMENT OF RICHARD SHELDON AS A MEMBER TO THE CITIZENS ADVISORY COMMITTEE FOR THE MASS TRANSIT DEPARTMENT BOARD BY REPRESENTATIVE BETO O'ROURKE. (ACTION 08- 89)

ACTION TAKEN: RE-APPOINTED

DISCUSSION AND ACTION ON THE RE-APPOINTMENT OF JANE RATCLIFF AS A MEMBER TO THE CITIZENS ADVISORY COMMITTEE FOR THE MASS TRANSIT DEPARTMENT BOARD BY REPRESENTATIVE MELINA CASTRO. (ACTION 08-90)

ACTION TAKEN: AUTHORIZED

DISCUSSION AND ACTION ON THE REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION BE AUTHORIZED TO EXERCISE THE CITY'S OPTION TO EXTEND CURRENT CONTRACT 2008-237 (LIQUEFIED NATURAL GAS FUEL) WITH CLEAN ENERGY FOR FOUR ADDITIONAL SIX-MONTH PERIODS, PURSUANT TO THE PROVISIONS TO THE AWARD APPROVED BY MASS TRANSIT BOARD ON OCTOBER 28, 2008. THE EXTENDED CONTRACT WILL END DECEMBER 16, 2011. (ACTION 08-91)

DEPARTMENT: SUN METRO

ACCOUNT NO.: 60600015-503008-40348

FUNDING SOURCE: MASS TRANSIT INVENTORY PURCHASES-LIQUEFIED NATURAL GAS-SUN METRO INVENTORY

TOTAL ESTIMATED AWARD: $8,236,800.00

DISTRICT(S): ALL

CONTACT PERSON: TERRENCE FREIBURG, PURCHASING MANAGER, 541-4313

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON THE AWARD OF SOLICITATION NO. 2009-014 (JANITORIAL SERVICES) TO THE EAGLE JANITORIAL SERVICES FOR A TOTAL ESTIMATED AWARD OF $465,665.40. (ACTION 08-92)

DEPARTMENT: SUN METRO

AWARD TO: THE EAGLE JANITORIAL SERVICES

EL PASO, TX

ITEMS: 3, 4, 5, & 6 (EASTSIDE AND NORTHPARK TERMINALS)

OPTION: 2 YEARS

ANNUAL ESTIMATED AMOUNT: $155,221.80

ACCOUNT NO.: 60600005-502206-40345

FUNDING SOURCE: TRANSIT FACILITIES MAINTENANCE-MAINT SVCS CONTRACT JANITORIAL-SUN METRO GENERAL OPERATIONS

TOTAL ESTIMATED AWARD: $465,665.40

DISTRICTS(S): 4 AND 5

THIS IS A REQUIREMENTS TYPE CONTRACT WITH AN INITIAL TERM OF THIRTY-SIX (36) MONTHS.

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 SUN METRO RECOMMEND AWARD AS INDICATED, TO THE VENDOR OFFERING THE BEST VALUE BID.

CONTACT PERSON: TERRENCE FREIBURG, PURCHASING MANAGER, 541-4313.

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A SERVICE AGREEMENT BY AND BETWEEN THE CITY OF EL PASO AND ARTIST MIKE MANDEL, TO DESIGN, FABRICATE, AND INSTALL PUBLIC ART TO BE KNOWN AS THE GLORY ROAD PUBLIC ART PROJECT, IN THE AMOUNT OF SIXTY FIVE THOUSAND AND 00/100 DOLLARS ($65,000.00). (ACTION 08-93)

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION TO APPROVE THE SCHEDULE OF MASS TRANSIT DEPARTMENT BOARD MEETINGS FOR THE YEAR 2009. (ACTION 08-94)

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION THAT THE MAYOR BE AUTHORIZED TO EXECUTE A GRANT AGREEMENT WITH THE STATE OF TEXAS, AND BE AUTHORIZED TO ACCEPT $200,000.00 FROM THE STATE OF TEXAS TO HELP FUND THE NORTHGATE TRANSIT TERMINAL AS PART OF THE CITY OF EL PASO MASS TRANSIT DEPARTMENT INFRASTRUCTURE. AND THAT THE MAYOR BE AUTHORIZED TO SIGN ANY RELATED DOCUMENTS AND TAKE ANY ACTION NECESSARY TO ACCOMPLISH THE INTENT OF THIS RESOLUTION. NO MATCHING FUNDS WILL BE REQUIRED. (ACTION 08-95)

ACTION TAKEN: TO AUTHORIZE THE CITY TO ENTER INTO NEGOTIATIONS WITH ARROW BUILDING CORPORATION, WHO SUBMITTED THE HIGHEST RANKED PROPOSAL FOR THE DOWNTOWN TRANSIT TERMINAL PROJECT, AS PER RECOMMENDATIONS FROM THE ENGINEERING DEPARTMENT AND SUN METRO. THIS PROJECT WAS BID AS A COMPETITIVE SEALED PROPOSAL AND THE STATUTE ALLOWS CONTRACT NEGOTIATIONS REGARDING THE SCOPE AND PRICE OF A PROJECT WITH THE SELECTED OFFEROR.

DISCUSSION AND ACTION THAT THE CITY BE AUTHORIZED TO ENTER INTO NEGOTIATIONS WITH ARROW BUILDING CORPORATION WHO SUBMITTED THE HIGHEST RANKED PROPOSAL FOR THE DOWNTOWN TRANSIT TERMINAL PROJECT, AS PER RECOMMENDATIONS FROM THE ENGINEERING DEPARTMENT AND SUN METRO. THIS PROJECT WAS BID AS A COMPETITIVE SEALED PROPOSAL AND THE STATUTE ALLOWS CONTRACT NEGOTIATIONS REGARDING THE SCOPE AND PRICE OF A PROJECT WITH THE SELECTED OFFEROR. (ACTION 08-96)

DEPARTMENT: SUN METRO

ACCOUNT NOS.: 14400200-508027-PCP09MT001

60600011-50827-11622-G600359

600011-508002-508027-11675-G600461

60600011-508027-11680-G600461

FUNDING SOURCE: FTA GRANT NOS. TX-90-X280; TX-90-X650; TX-90-X691 AND CURRENT YEAR FUNDING TO BE REIMBURSED FROM 2009 CERTIFICATE OF OBLIGATION AUTHORIZATION

PROPOSAL NO.: 2009-057

DISTRICT: 8

CONTACT PERSON: TERRENCE FREIBURG, PURCHASING MANAGER, 541-4313.

NO ACTION WAS TAKEN

DIRECTOR'S REPORT ON:

OPERATIONS TO INCLUDE 2008 ON-TIME REPORT AND MISSED SERVICE REPORT COMPARISON FOR FY2008-FY2009;

NO ACTION WAS TAKEN

DIRECTOR'S REPORT ON:

CUSTOMER SERVICE REPORTS FOR FIXED ROUTE AND PARATRANSIT

NO ACTION WAS TAKEN

DIRECTOR'S REPORT ON:

MAINTENANCE REPORTS TO INCLUDE ROAD CALLS REPORTED FOR ALL UNITS, FOR 91'S, 93'S AND 400'S AND FOR 600'S (FROM NOV. 1 - NOV. 30, 2008); ROADCALL COMPARISON FOR CALENDAR YEARS 2006-2008; AND MECHANICAL PMI TRACKING 2008 (FOURTH QUARTER).

NO ACTION WAS TAKEN

DIRECTOR'S REPORT ON:

PROPOSED KEY PERFORMANCE INDICATORS INCLUDING FAREBOX RECOVERY FACTORS, SYSTEM INFO, BUS OPERATIONS AND PARATRANSIT.

ACTION TAKEN: MOTION MADE BY BOARD MEMBER BYRD, SECONDED BY BOARD MEMBER ACOSTA, AND UNANIMOUSLY CARRIED THAT THE CLAIM BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) AGAINST THE CITY OF EL PASO, TCEQ DOCKET NUMBER 2005-0994-PST-E, BE SETTLED IN ITS ENTIRETY AS RECOMMENDED BY THE CITY ATTORNEY; AND THAT THE CITY MANAGER BE AUTHORIZED TO SIGN, ON BEHALF OF THE CITY, ANY RELATED DOCUMENTATION, AND THAT THE CITY ATTORNEY’S OFFICE SEEK APPROVAL FROM THE TCEQ TO SUBSTITUTE ONE OF EL PASO’S SEP’S FOR THE PREVIOUSLY CHOSEN SEP.

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) DOCKET NO. 2005-0994-PST-E (551.071) [CITY ATTORNEY'S OFFICE, CYNTHIA OSBORN, (915) 541-4550]

ACTION TAKEN: MOTION MADE BY BOARD MEMBER BYRD, SECONDED BY BOARD MEMBER ACOSTA, AND UNANIMOUSLY CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED SETTLEMENT AUTHORITY, TO NEGOTIATE SETTLEMENT AGREEMENT AND SIGN ALL NECESSARY DOCUMENTS TO RESOLVE THE CLAIM OF GOODWILL INDUSTRIES OF EL PASO, OUR FILE NO: 08-C-227.

08-C-227/PURCHASING/SUN METRO GOODWILL INDUSTRIES (551.071) [CITY ATTORNEY'S OFFICE, KARLA M. NIEMAN, (915) 541-4550]