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 MARCH 31, 2009.

ACTION TAKEN: APPROVED

APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF MARCH 31, 2009. [MUNICIPAL CLERK, RICHARDA DUFFY MOMSEN, (915) 541-4127]

"2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

NO ACTION WAS TAKEN

"3A. RESOLUTION: THAT THE CITY MANAGER BE AUTHORIZED TO SIGN AND ACCEPT FROM JOEL L. GUZMAN AND MANUELA GUZMAN THE FOLLOWING EASEMENTS WHICH ARE NEEDED FOR THE BOWEN DRIVE SUBSURFACE STORM DRAINAGE SYSTEM AND RETENTION POND PROJECT:

ACTION TAKEN: POSTPONED ONE (1) WEEK.

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN AND ACCEPT FROM JOEL L. GUZMAN AND MANUELA GUZMAN THE FOLLOWING EASEMENTS WHICH ARE NEEDED FOR THE BOWEN DRIVE SUBSURFACE STORM DRAINAGE SYSTEM AND RETENTION POND PROJECT: A) A DRAINAGE EASEMENT FOR A 0.0310 ACRE PARCEL OF LAND, MORE OR LESS, OUT OF A PORTION OF TRACT 18-E, BLOCK 29, YSLETA GRANT, CITY OF EL PASO, EL PASO COUNTY TEXAS; AND; B) A TEMPORARY CONSTRUCTION EASEMENT WITHIN A PORTION OF TRACT 18-E, BLOCK 29, YSLETA GRANT, EL PASO, EL PASO COUNTY, TEXAS. PROJECT #: PCP06FC0002D; FUND: 27263; DEPARTMENT: 99331117; ACCOUNT: 508000. (DISTRICT 7)

[ENGINEERING, R. ALAN SHUBERT, (915) 541-4423]

"3B. RESOLUTION: SOLID WASTE LIENS

ACTION TAKEN: APPROVED

THAT THE SOLID WASTE LIENS ON THE ATTACHMENT POSTED WITH THIS AGENDA BE APPROVED. (SEE ATTACHMENT A) (DISTRICTS 1, 2, 3, 4, AND 6)

[ENVIRONMENTAL SERVICES, ELLEN A. SMYTH, (915) 621-6719]

ATTACHMENT A

SOLID WASTE LIENS

APRIL 7, 2009

1051 CASTILLO $256.74 ARQ TEK CONSTRUCTION I LTD

(DISTRICT 1)

1955 HAPPER WAY $195.31 JUAN B. BARELA

(DISTRICT 2)

2606 JEFFERSON $311.95 JOSE M. SERRANO

(DISTRICT 2)

8301 MOUNT BALDY DRIVE $251.68 GUNDA ROSE WIGHT

(DISTRICT 2)

3921 PIERCE $212.64 ADELA T. ALVAREZ

(DISTRICT 2)

2930 SACRAMENTO $167.18 DAWN VILLALOBOS (LE)

(DISTRICT 2)

LOT(S) 44 & 45 (1.13771 AC), BLOCK 102, MORNINGSIDE HEIGHTS SUBDIVISION

(DISTRICT 2) $89.58 RONALD W. & ANGELA M. BOONE

265 COLLINGSWORTH $213.98 SANDRA HERNANDEZ

(DISTRICT 2)

6323 SAINT LO DRIVE $287.05 VICENTE DIAZ

(DISTRICT 3)

6241 TAMPA AVENUE $219.37 S. G. & JUAN R & 1 GOMEZ

(DISTRICT 3)

10309 NEWPORT STREET $276.17 PAUL F. & ISABEL CONAWAY

(DISTRICT 4)

5040 SILVER SANDS $187.67 MARCO & NORMA MORALES

(DISTRICT 4)

LOT 12 (6000 SQ FT), BLOCK 7, SAHARA SUBDIVISION

(DISTRICT 4) $265.94 EDGAR MEZA

192 N. ZARAGOZA $287.05 PATRICIA URIAS

(DISTRICT 6)

9072 GERANIUM $265.78 JESUS M. HUIZAR

(DISTRICT 6)

9403 NOTTINGHAM DRIVE $151.74 VIANEY P. RAMIREZ

(DISTRICT 6)

TRACT 22 (0.862 ACRE), BLOCK O, A DANIELSON SUR 310 ABST 10026 SUBDIVISION

(DISTRICT 6) $373.65 MANUEL & MARGARITA DIAZ

"4A. BOARD RE-APPOINTMENT: ANDRE EWING TO THE ETHICS REVIEW COMMISSION

ACTION TAKEN: RE-APPOINTED

ANDRE EWING TO THE ETHICS REVIEW COMMISSION BY REPRESENTATIVE MELINA CASTRO, DISTRICT 4. [REPRESENTATIVE MELINA CASTRO, (915) 541-4400]

"4B. BOARD RE-APPOINTMENT: SUSAN DAVIDOFF TO THE CULTURAL AFFAIRS ADVISORY BOARD

ACTION TAKEN: RE-APPOINTED

SUSAN DAVIDOFF TO THE CULTURAL AFFAIRS ADVISORY BOARD BY REPRESENTATIVE ANN MORGAN LILLY, DISTRICT 1. [REPRESENTATIVE ANN MORGAN LILLY, (915) 541-4151]

"4C. BOARD RE-APPOINTMENT: LESTER L. PARKER TO THE FAIR HOUSING TASK FORCE

ACTION TAKEN: RE-APPOINTED

LESTER L. PARKER TO THE FAIR HOUSING TASK FORCE BY REPRESENTATIVE ANN MORGAN LILLY, DISTRICT 1. [REPRESENTATIVE ANN MORGAN LILLY, (915) 541-4151]

"5A. BOARD APPOINTMENT: LUIS H. DE LA CRUZ TO THE CITY PLAN COMMISSION

ACTION TAKEN: POSTPONED FOUR (4) WEEKS.

LUIS H. DE LA CRUZ TO THE CITY PLAN COMMISSION BY REPRESENTATIVE EMMA ACOSTA, DISTRICT 3. [REPRESENTATIVE EMMA ACOSTA, (915) 541-4572]

"5B. BOARD APPOINTMENT: PETE A. OCEGUEDA TO THE INTERNATIONAL BRIDGE COMMISSION

ACTION TAKEN: APPOINTED

PETE A. OCEGUEDA TO THE INTERNATIONAL BRIDGE COMMISSION BY REPRESENTATIVE STEVE ORTEGA, DISTRICT 7. [REPRESENTATIVE STEVE ORTEGA, (915) 541-4108]

"5C. BOARD APPOINTMENT: CHRISTOPHER OLIVARES TO THE INTERNATIONAL BRIDGE COMMISSION

ACTION TAKEN: APPOINTED

CHRISTOPHER OLIVARES TO THE INTERNATIONAL BRIDGE COMMISSION BY REPRESENTATIVE SUSIE BYRD, DISTRICT 2. [REPRESENTATIVE SUSIE BYRD, (915) 541-4416]

"5D. BOARD APPOINTMENT: GENEVIEVE S. PENDERGRAS TO THE COMPLETE COUNT COMMITTEE

ACTION TAKEN: APPOINTED

GENEVIEVE S. PENDERGRAS TO THE COMPLETE COUNT COMMITTEE BY REPRESENTATIVE BETO O'ROURKE, DISTRICT 8. [REPRESENTATIVE BETO O'ROURKE, (915) 541-4123]'

"5E. BOARD APPOINTMENT: DAVID P. TOKOPH TO THE COMMITTEE ON BORDER RELATIONS

ACTION TAKEN: DELETED

DAVID P. TOKOPH TO THE COMMITTEE ON BORDER RELATIONS BY REPRESENTATIVE STEVE ORTEGA, DISTRICT 7. [REPRESENTATIVE STEVE ORTEGA, (915) 541-4108]

"5F. BOARD APPOINTMENT: BUDDY RAY YORK TO THE EL PASO MOUNTAIN COMMITTEE

ACTION TAKEN: APPOINTED

BUDDY RAY YORK TO THE EL PASO MOUNTAIN COMMITTEE BY REPRESENTATIVE MELINA CASTRO, DISTRICT 4. [REPRESENTATIVE MELINA CASTRO, (915) 541-4400]

"5G. BOARD APPOINTMENT: RODNEY JACKSON, SR. TO THE ART MUSEUM ADVISORY BOARD

ACTION TAKEN: APPOINTED

RODNEY JACKSON, SR. TO THE ART MUSEUM ADVISORY BOARD BY REPRESENTATIVE MELINA CASTRO, DISTRICT 4. [REPRESENTATIVE MELINA CASTRO, (915) 541-4400]

"6A. NOTICE OF CAMPAIGN CONTRIBUTIONS: RECEIPT OF CAMPAIGN CONTRIBUTIONS BY REPRESENTATIVE STEVE ORTEGA

ACTION TAKEN: APPROVED

FOR NOTATION PURSUANT TO SECTION 2.92.110 OF THE CITY CODE: RECEIPT OF CAMPAIGN CONTRIBUTIONS BY REPRESENTATIVE STEVE ORTEGA ON MARCH 26, 2009, IN THE AMOUNT OF $500 FROM HAROLD W. HAHN; IN THE AMOUNT OF $500 FROM ROBERT ORTEGA; IN THE AMOUNT OF $500 FROM THE ELIOT SHAPLEIGH FOR SENATE CAMPAIGN; IN THE AMOUNT OF $500 FROM L. FREDERICK FRANCIS; AND ON MARCH 31, 2009, IN THE AMOUNT OF $500 FROM NOEL R. ROSENBAUM. [REPRESENTATIVE STEVE ORTEGA, (915) 541-4108]

"6B. NOTICE OF CAMPAIGN CONTRIBUTIONS: RECEIPT OF CAMPAIGN CONTRIBUTIONS BY REPRESENTATIVE MELINA CASTRO

ACTION TAKEN: APPROVED

FOR NOTATION PURSUANT TO SECTION 2.92.110 OF THE CITY CODE: RECEIPT OF CAMPAIGN CONTRIBUTIONS BY REPRESENTATIVE MELINA CASTRO ON DECEMBER 17, 2008, IN THE AMOUNT OF $500 FROM EL PASO ASSOCIATION OF FIREFIGHTERS; IN THE AMOUNT OF $500 FROM STANLEY JOBE; IN THE AMOUNT OF $500 FROM RICARDO MARIN; ON FEBRUARY 27, 2009, IN THE AMOUNT OF $500 FROM EL PASO MUNICIPAL POLICE OFFICERS ASSOCIATION; ON MARCH 9, 2009, IN THE AMOUNT OF $500 FROM JERRY ROSENBAUM; ON MARCH 23, 2009, IN THE AMOUNT OF $500 FROM TINA SORENSON; IN THE AMOUNT OF $500 FROM JAMES P. SORENSON; IN THE AMOUNT OF $500 FROM JORGE ARROYO; IN THE AMOUNT OF $500 FROM MARIA ARROYO AND ON MARCH 25, 2009, IN THE AMOUNT OF $500 FROM HAIN SHEN HSU; IN THE AMOUNT OF $500 FROM HECTOR HERNANDEZ; AND IN THE AMOUNT OF $500 FROM PRISCILLA M. HERNANDEZ.

[REPRESENTATIVE MELINA CASTRO, (915) 541-4400]

"7. APPLICATIONS FOR TAX REFUND:

ACTION TAKEN: APPROVED

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]

ATTACHMENT B

TAX REFUNDS

APRIL 7, 2009

A. HITACHI CAPITAL AMERICA CORP; IN THE AMOUNT OF $7,875.23. OVERPAYMENT OF 2008 TAXES. (PID #0729-999-1066-1434).

B. MCI COMMUNICATIONS, INC., IN THE AMOUNT OF $63,901.19 OVERPAYMENT OF 2008 TAXES. (PID #A523-999-005A-0157).

C. CHASE HOME FINANCE IN THE AMOUNT OF $3,565.76 OVERPAYMENT OF 2007 TAXES. (PID #C340-999-1040-0700).

D. COUNTRYWIDE TAX SERVICE CORPORATION IN THE AMOUNT OF $3,728.04 OVERPAYMENT OF 2008 TAXES. (PID #D457-000-0160-2500).

E. FIRST AMERICAN REAL ESTATE TAX SERVICE IN THE AMOUNT OF $3,333.81 OVERPAYMENT OF 2008 TAXES. (PID #H770-000-0030-2300).

F. LAURA MORADO VALERIO IN THE AMOUNT OF $2,983.43 OVERPAYMENT OF 2008 TAXES. (PID #H791-009-0010-0050).

G. WILFREDO MAYA IN THE AMOUNT OF $19,740.96 OVERPAYMENT OF 2008 TAXES. (PID #M713-999-0000-2100).

H. CAPITAL ONE BANK N.A. IN THE AMOUNT OF $30,908.20 OVERPAYMENT OF 2008 TAXES. (PID #M794-999-1290-5100).

I. WELLS FARGO HOME MORTGAGE IN THE AMOUNT OF $12,518.53 OVERPAYMENT OF 2008 TAXES (PID #S069-999-0020-1200).

J. DAVID C. & BARBARA S. BROWN IN THE AMOUNT OF $6,391.93 OVERPAYMENT OF 2008 TAXES. (PID #S075-000-0110-05E0).

K. CITIMORTGAGE IN THE AMOUNT OF $8,770.77 OVERPAYMENT OF 2006 TAXES.

(PID #S804-999-0390-0100).

L. CHASE HOME FINANCE IN THE AMOUNT OF $3,468.66 OVERPAYMENT OF 2007 TAXES. (PID #T287-999-0390-0300).

M. CRANCE CLEMONS IN THE AMOUNT OF $4,163.39 OVERPAYMENT OF 2008 TAXES. (PID #T287-999-0430-0700).

N. GILBERT L. SANCHEZ IN THE AMOUNT OF $10,317.29 OVERPAYMENT OF 2008 TAXES. (PID #T287-999-1510-2300).

O. PACIFICA HOMES, INC. IN THE AMOUNT OF $8,900.83 OVERPAYMENT OF 2008 TAXES. (PID #T287-999-1520-1000).

P. MAURICIO I. DOMINGUEZ - MACIAS IN THE AMOUNT OF $3.185.57 OVERPAYMENT OF 2008 TAXES. (PID #T820-999-0010-0490).

Q. RONALD CHRISTOPHER MALOOLY IN THE AMOUNT OF $9,756.90 OVERPAYMENT OF 2008 TAXES. (PID #U465-999-0010-3000).

R. RONG GUI ZHENG IN THE AMOUNT OF $3,943.87 OVERPAYMENT OF 2008 TAXES. (PID #V893-999-4030-2200).

S. WELLS FARGO HOME MORTGAGE IN THE AMOUNT OF $3,105.99 OVERPAYMENT OF 2008 TAXES. (PID #W144-999-0090-1300).

T. RICHARD C. NAJERA IN THE AMOUNT OF $2,834.54 OVERPAYMENT OF 2007 TAXES. (PID #W145-999-0040-3500).

U. WASHINGTON MUTUAL IN THE AMOUNT OF $3,950.87 OVERPAYMENT OF 2008 TAXES. (PID #W145-999-0760-5100).

V. CUMMING PROPERTY TAX SERVICE IN THE AMOUNT OF $5,157.25 OVERPAYMENT OF 2007 TAXES. (PID #Y805-999-0180-0351).

W. ROBERT P. HUSTON IN THE AMOUNT OF $4,742.07 OVERPAYMENT OF 2008 TAXES. (PID #E222-999-1800-7300)

"9A. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: TO LENCO ARMORED VEHICLES IN THE AMOUNT OF $259,830 UNDER A GSA CONTRACT GS-07F-0390M 1122 PROGRAM.

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICE, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER TO LENCO ARMORED VEHICLES IN THE AMOUNT OF $259,830 UNDER A GSA CONTRACT GS-07F-0390M 1122 PROGRAM. THE LENCO ARMORED VEHICLE PURCHASED WILL SUPPORT THE EL PASO POLICE DEPARTMENT HAZARDOUS DEVICES TEAM (BOMB SQUAD) IN CHEMICAL, BIOLOGICAL, RADIOLOGICAL, NUCLEAR, EXPLOSIVE, AND COUNTER-DRUG MISSIONS.

DEPARTMENT: POLICE

ACCOUNT NO.: 22150024-508035-07185-G220810

FUNDING SOURCE: COMMUNICATIONS EQUIPMENT, UASI INVEST ACCOUNT, LETPP

TOTAL EST. AWARD: $259,830

REFERENCE NO.: 2009-184

DISTRICTS: ALL

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

"9B. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: TO AVAYA, A STATE DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACTOR UNDER DIR STATE CONTRACT DIR-SDD-272, THE CITY'S CURRENT PROVIDER OF THE KEY, HYBRID KEY, DEFINITY PBX, AND COMMUNICATION MANAGER PHONE SYSTEMS

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER(S) TO AVAYA, A STATE DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACTOR UNDER DIR STATE CONTRACT DIR-SDD-272, THE CITY'S CURRENT PROVIDER OF THE KEY, HYBRID KEY, DEFINITY PBX, AND COMMUNICATION MANAGER PHONE SYSTEMS FOR MAINTENANCE SUPPORT OF THESE INSTALLED SYSTEMS IN THE AMOUNT OF $102,000. PARTICIPATION BY THE CITY OF EL PASO IN THE DIR PROGRAM WAS APPROVED BY MAYOR AND COUNCIL ON FEBRUARY 27, 2007.

DEPARTMENT: INFORMATION TECHNOLOGY

ACCOUNT NO.: 39010352 - 502215 - 01101

FUNDING SOURCE: TELECOMMUNICATIONS, OUTSIDE CONTRACTS, OPERATING ACCOUNT

TOTAL EST. AWARD: $102,000

REFERENCE NO.: 2009-189

DISTRICTS: ALL

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

"9C. PURCHASING REQUEST TO ISSUE PURCHASE ORDER: TO ORACLE CORPORATION IN THE AMOUNT OF $128,659.27. ORACLE CORPORATION IS THE CURRENT PROVIDER OF PEOPLESOFT ERP SYSTEM

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER TO ORACLE CORPORATION IN THE AMOUNT OF $128,659.27. ORACLE CORPORATION IS THE CURRENT PROVIDER OF PEOPLESOFT ERP SYSTEM THAT WILL INCLUDE ONE ONE-TIME LICENSE COST OF $117,809.95 AND $10,849.32 COST FOR MAINTENANCE AND SUPPORT.

DEPARTMENT: INFORMATION TECHNOLOGY

ACCOUNT NO.: 39010351 - 502202 - 01101

FUNDING SOURCE: INFORMATION SERVICES, DATA PROCESS SERVICE CONTRACTS, OPERATING ACCOUNT

TOTAL EST. AWARD: $128,659.27

REFERENCE NO.: 2009-193

DISTRICTS: ALL

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

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE CITY BE AUTHORIZED TO ENTER INTO NEGOTIATIONS WITH BYERS CONSTRUCTION, INC. WHO SUBMITTED THE HIGHEST RANKED PROPOSAL FOR THE CIELO VISTA BRANCH LIBRARY AS PER RECOMMENDATIONS FROM THE ENGINEERING DEPARTMENT, LIBRARY DEPARTMENT, AND THE CITY'S DESIGN CONSULTANT. 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.

DEPARTMENT: LIBRARY

ACCOUNT NO.: 99331117 - 508027 - 27263 - PCP08LI01

31250204 - 508027 - 27503 - PCP08LI01

FUNDING SOURCE: 2006 CERTIFICATES OF OBLIGATION & LAND SALE

PROPOSAL NO.: 2009-100

DISTRICT: 3

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

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.

10A. AN ORDINANCE VACATING A DRAINAGE EASEMENT VARYING IN WIDTH FROM 45.41 FEET TO 48.71 FEET, LOCATED WITHIN A PORTION OF LOT 1, BLOCK 1, ACACIA COMMERCIAL PARK, CITY OF EL PASO, EL PASO COUNTY, TEXAS. SUBJECT PROPERTY: NORTH OF MESA HILLS AND EAST OF MESA STREET. PROPERTY OWNER: RIVER OAKS PROPERTIES. (DISTRICT 1) [DEVELOPMENT SERVICES/PLANNING, ARTURO RUBIO, (915) 541-4633]

10B. AN ORDINANCE VACATING A PORTION OF BOSTON AVENUE, LOCATED BETWEEN MESA STREET AND OREGON STREET, IN THE ALEXANDER ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS. SUBJECT PROPERTY: EAST OF OREGON STREET AND WEST OF MESA STREET. PROPERTY OWNER: CITY OF EL PASO. (DISTRICT 1)

[DEVELOPMENT SERVICES/PLANNING, RAUL GARCIA, (915) 541-4935]

10C. AN ORDINANCE GRANTING A SPECIAL PRIVILEGE TO ASCENSION LUTHERAN CHURCH PERMITTING THE ENCROACHMENT OF A SINGLE DIRECTIONAL SIGN ONTO A PORTION OF PUBLIC RIGHT-OF-WAY AT OJO DE AGUA DRIVE. SPL09-00005 (DISTRICT 1)

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

PUBLIC HEARING WILL BE HELD ON APRIL 14, 2009, FOR ITEMS 10A - 10C

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.

ACTION TAKEN: AWARDED

DISCUSSION AND ACTION ON THE AWARD OF SOLICITATION NO. 2009-111 (ST. VRAIN STREET AND DRAINAGE IMPROVEMENTS) TO QUEST CONTRACTING, INC. FOR A TOTAL ESTIMATED AMOUNT OF $693,849.46.

DEPARTMENT: ENGINEERING

AWARD TO: QUEST CONTRACTING, INC.

EL PASO, TX

BASE BID I: $525,638.46

BASE BID II: $105,751.00

BASE BID III: $ 62,460.00

TOTAL ESTIMATED. AWARD: $693,849.46

ACCOUNT NO.: 14200403 - 508027 - 29154 - PBE04ST138B

FUNDING SOURCE: 2004 BONDS AND HOUSING AUTHORITY CITY OF EL PASO (HACEP) ESCROW FUNDS

DISTRICT: 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, INCLUDING THE APPROPRIATION AND DISBURSEMENT OF ESCROW FUNDS.

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.

THIS IS A LOW BID, UNIT-PRICE CONTRACT.

THE DEPARTMENTS OF FINANCIAL SERVICES, PURCHASING DIVISION, AND ENGINEERING RECOMMEND AWARD AS INDICATED TO THE LOWEST RESPONSIBLE BIDDER. [ENGINEERING, R. ALAN SHUBERT, (915) 541-4423]

ACTION TAKEN: POSTPONED ONE (1) WEEK.

DISCUSSION AND ACTION ON THE AWARD OF SOLICITATION NO. 2009-123 (UPPER VALLEY DRAINAGE IMPROVEMENTS PHASE IB) TO BAIN ENTERPRISES, LLC D/B/A BAIN CONSTRUCTION FOR A TOTAL ESTIMATED AMOUNT OF $1,417,632.63.

DEPARTMENT: ENGINEERING

AWARD TO: BAIN ENTERPRISES, LLC D/B/A BAIN CONSTRUCTION

HORIZON CITY, TX

BASE BID I: $ 727,096.15

BASE BID II: $ 317,536.48

OPTION 1: $ 373,000.00

TOTAL ESTIMATED AWARD: $1,417,632.63

ACCOUNT NO.: 14200500 - 508027 - 27264 - PSTM06 PW26-0B

FUNDING SOURCE: STORM 2006

DISTRICT: 1

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 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.

THIS IS A LOW BID, UNIT-PRICE CONTRACT

THE DEPARTMENTS OF FINANCIAL SERVICES, PURCHASING DIVISION, AND ENGINEERING RECOMMEND AWARD AS INDICATED TO THE LOWEST RESPONSIBLE BIDDER. [ENGINEERING, R. ALAN SHUBERT, (915) 541-4423]

ACTION TAKEN: ADOPTED

AN ORDINANCE CHANGING THE ZONING OF TRACT 6A2, BLOCK 1, UPPER VALLEY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM A-O (APARTMENT/OFFICE) TO C-1 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 3865 EMORY WAY. PROPERTY OWNER: AVE, INC. ZON08-00111 (DISTRICT 8)

[DEVELOPMENT SERVICES/PLANNING, MIRIAN SPENCER, (915) 541-4192]

ACTION TAKEN: ADOPTED

AN ORDINANCE CHANGING THE ZONING OF LOT 4, BLOCK 11, BEAUMONT ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-4 (RESIDENTIAL) TO C-1 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 4305 FRED WILSON DRIVE. PROPERTY OWNERS: ALFREDO AND CELIA ESPINOZA. ZON08-00119 (DISTRICT 2)

[DEVELOPMENT SERVICES/PLANNING, MIRIAN SPENCER, (915) 541-4192]

ACTION TAKEN: POSTPONED TWO (2) WEEKS.

AN ORDINANCE AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL), CHAPTER 2.92 (ETHICS); TO AMEND SECTIONS 2.92.010 THROUGH 2.92.090 AND SECTION 2.92.150; TO ADD NEW DEFINITIONS AND STANDARDS OF CONDUCT, REVISE THE DUTIES AND PROCEDURES OF THE ETHICS REVIEW COMMISSION, REVISE THE PROCESS FOR RECEIVING AND REPORTING GIFTS, CREATE RESTRICTIONS FOR OFFICERS AND EMPLOYEES LEAVING CITY SERVICE, REVISE THE COMPLAINT PROCESS, AND CREATE ADDITIONAL VIOLATIONS; THE PENALTY BEING AS PROVIDED IN SECTIONS 2.92.150 AND 1.08.010 - 1.08.030 OF THE EL PASO CITY CODE. (ALL DISTRICTS)

[COUNCIL RULES LRC CHAIR, REPRESENTATIVE EDDIE HOLGUIN, (915) 541-4178]

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING THE FINAL PROJECT PLAN AND FINAL REINVESTMENT ZONE FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER FIVE, CITY OF EL PASO, TEXAS; ADOPTING SAID AMENDMENTS AS REQUIRED BY SECTION 311.011(E) TEXAS TAX CODE; ALSO PROVIDING A SEVERABILITY CLAUSE. (DISTRICT 8)

[ECONOMIC DEVELOPMENT, KATHRYN B. DODSON, (915) 541-4872]

ACTION TAKEN: ADOPTED

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 ADDING KERBEY AVENUE FROM OREGON STREET TO THE ALLEY EAST THEREOF, NORTH SIDE ONLY, AND FROM OREGON STREET TO A POINT 40 FEET EAST THEREOF, SOUTH SIDE ONLY AND FROM MESA STREET TO A POINT 17 FEET WEST THEREOF, SOUTH 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]

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 12 (VEHICLES AND TRAFFIC), CHAPTER 12.32 (PEDESTRIANS), SECTION 12.32.070 (CROSSWALK ON PIEDRAS STREET AT GRANT AVENUE), OF THE EL PASO CITY CODE BY REPEALING SECTION 12.32.070 (CROSSWALK ON PIEDRAS STREET AT GRANT AVENUE). THE PENALTY BEING AS PROVIDED IN SECTION 12.84.010 (VIOLATION - PENALTY) OF THE EL PASO CITY CODE. (DISTRICT 2)

[ENGINEERING/TRAFFIC DIVISION, TED MARQUEZ, (915) 541-4035]

ACTION TAKEN: ADOPTED

AN ORDINANCE GRANTING A RENEWAL OF THE FRANCHISE FOR DOMINION AMBULANCE, LLC TO OPERATE A NON-EMERGENCY AMBULANCE TRANSFER SERVICE. (ALL DISTRICTS)

[FIRE DEPARTMENT, MANUEL CHAVIRA, (915) 771-1000]

NO ACTION WAS TAKEN

DISCUSSION AND ACTION TO INSTRUCT THE CITY MANAGER TO INVESTIGATE AND REMEDIATE THE ADVERSE EFFECTS TO THE HEALTH AND SAFETY OF THE RESIDENTS OF DISTRICT 4 WHEREIN THE CONTRACTUAL DESIGNEE OF THE CITY OF EL PASO FOR RECYCLING, I.E. FRIEDMAN RECYCLING OF EL PASO, LLP, IS ALLOWING EXCESS STORAGE OF MATERIALS THAT COULD, UPON DETERMINATION, BE IN VIOLATION OF THE MUNICIPAL CODE AT TITLE 9, CHAPTER 9.04, ARTICLE VII, 9.04.340, C, D, AND E, AND SUCH MATTERS ARE ALREADY INCORPORATED INTO THE EXISTING CONTRACT WITH SAME VENDOR FOUND AT ARTICLE V, 5.9 OF THE CONTRACT. [REPRESENTATIVE MELINA CASTRO, (915) 541-4400]

ACTION TAKEN: POSTPONED FOUR (4) WEEKS.

DISCUSSION AND ACTION ON AN APPEAL BY PROPERTY OWNERS OF THE MANHATTAN HEIGHTS HISTORIC DISTRICT REGARDING A DECISION RENDERED BY THE HISTORIC LANDMARK COMMISSION (HLC) IN HLC CASE: HPC09-00005; 3200 WHEELING, EL PASO, TEXAS, ON FEBRUARY 2, 2009, TO APPROVE A CERTIFICATE OF APPROPRIATENESS FOR THE REFERENCED PROPERTY. (DISTRICT 2) [DEVELOPMENT SERVICES, VICTOR Q. TORRES, (915) 541-4557]

POSTPONED FROM 02-24-09, 03-24-09, AND 03-31-09

ACTION TAKEN: ADOPTED

DISCUSSION AND ACTION REGARDING THE PHASE TWO GOVERNANCE PRACTICES REPORT OF THE PUBLIC SERVICE BOARD PREPARED BY HECTOR GUTIERREZ, PUBLIC AFFAIRS CONSULTING.

[EL PASO WATER UTILITIES PUBLIC SERVICE BOARD, ED ARCHULETA, (915) 594-5501]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION COMMITTING TO PROVIDE RESOURCES TO SUPPORT THE BID FOR THE 2012 TEXAS RECREATION AND PARK SOCIETY INSTITUTE AND TRADE SHOW IN COOPERATION WITH THE TEXAS PARK AND WILDLIFE DEPARTMENT SUBMITTED BY CITY OF EL PASO AND PROVIDING AN EFFECTIVE DATE. (ALL DISTRICTS)

[PARKS AND RECREATION, NANETTE SMEJKAL, (915) 541-4283]

NO ACTION WAS TAKEN

CITY MANAGER'S REPORT OF CURRENT EVENTS AND ISSUES:

DISCUSSION AND ACTION ON THE QUARTERLY FINANCIAL REPORT: 2ND QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2009. (ALL DISTRICTS)

[FINANCIAL AND ADMINISTRATIVE SERVICES, WILLIAM F. STUDER, JR., (915) 541-4215]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE BYRD, SECONDED BY REPRESENTATIVE ACOSTA, AND UNANIMOUSLY CARRIED TO DELETE THE ITEM ON THE CLAIM OF JOSEPH AND LEASA CALVILLO, OUR FILE NO. 08-C-266 (551.071).

CLAIM OF JOSEPH AND LEASA CALVILLO, OUR FILE NO. 08-C-266. (551.071)

[CITY ATTORNEY'S OFFICE, JENNIFER F. CALLAN, (915) 541-4550]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE BYRD, SECONDED BY REPRESENTATIVE LILLY, AND CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED TO REJECT PLAINTIFFS’ SETTLEMENT DEMAND IN THE LAWSUIT STYLED RICKEY AND PAULA BELL V. THE CITY OF EL PASO, ET AL., CAUSE NO.: EP-08-CV-0331-FM.

RICKEY AND PAULA BELL VS. CITY OF EL PASO, ET AL., CAUSE NO. EP-08-CV-0331-FM. (551.071) [CITY ATTORNEY'S OFFICE, JENNIFER F. CALLAN, (915) 541-4550]

NO ACTION WAS TAKEN

DISCUSSION AND ACTION ON THE CITY LEASE OF 10 CIVIC CENTER PLAZA, EL PASO, EL PASO COUNTY, TEXAS. (551.071 AND 551.072) [CITY ATTORNEY'S OFFICE, THERESA CULLEN, (915) 541-4550]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION THAT SUBJECT TO PASSAGE OF THE ORDINANCE AMENDING THE FINAL PROJECT PLAN AND FINAL REINVESTMENT ZONE FINANCING PLAN RELATED HERETO, THE CITY MANAGER BE AUTHORIZED TO EXECUTE A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF EL PASO AND THE EL PASO PROJECT, LLC (''DEVELOPER'') TO PROVIDE AN AMOUNT NOT TO EXCEED $28,000 AS REIMBURSEMENT FOR ELIGIBLE PROJECT COSTS INCURRED IN DEVELOPER'S CONSTRUCTION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS RELATED TO ITS FIRST AVENUE LOFTS PROJECT (MIXED-USE RESIDENTIAL) AT 300 S. FLORENCE, EL PASO, TEXAS, TO BE PAID OUT OF THE CITY'S TAX INCREMENT REVENUE FUND FOR TAX INCREMENT REINVESTMENT ZONE NUMBER 5, CITY OF EL PASO, TEXAS, SUBJECT TO THE TERMS AND CONDITIONS PROVIDED IN THE DEVELOPMENT AGREEMENT. (DISTRICT 8) [ECONOMIC DEVELOPMENT, KATHRYN B. DODSON, (915) 541-4872]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION ADOPTING PROGRAM GUIDELINES FOR THE TAX INCREMENT REINVESTMENT ZONE NO. 5 (DOWNTOWN) COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM, SUBJECT TO PASSAGE OF THE ORDINANCE AMENDING THE FINAL PROJECT PLAN AND FINAL REINVESTMENT ZONE FINANCING PLAN FOR THE ZONE, AND AUTHORIZING CITY MANAGER OR HER DESIGNEE TO ENTER INTO AGREEMENTS RELATING TO AWARD FUNDING UNDER THE PROGRAM AND TO THE EXTENT THAT TAX INCREMENT REVENUE FUNDS ALLOCATED TO THIS PROGRAM ARE AVAILABLE TO FUND GRANT AWARDS WITH FUNDING FROM EXISTING TIRZ FUND ACCOUNT NO. 502215/07412/72153041/72000 IN THE AMOUNT OF $32,000. (DISTRICT 8)

[ECONOMIC DEVELOPMENT, KATHRYN B. DODSON, (915) 541-4872]