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 AUGUST 18, 2009, AND THE SPECIAL CITY COUNCIL MEETING OF AUGUST 17, 2009 (ANNEXATION).

ACTION TAKEN: APPROVED

APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF AUGUST 18, 2009, AND THE SPECIAL CITY COUNCIL MEETING OF AUGUST 17, 2009 (ANNEXATION).

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

"2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

ACTION TAKEN: APPROVED

"3A. RESOLUTION: THAT THE CITY MANAGER BE AUTHORIZED TO SIGN AN AGREEMENT FOR ELECTRIC SERVICE AND AN AGREEMENT GRANTING A TRANSFORMER AND UNDERGROUND ELECTRICAL EASEMENT TO THE EL PASO ELECTRIC COMPANY FOR THE PURPOSE OF PROVIDING ELECTRICAL SERVICE TO THE TEXAS CABLE PARTNERS, L.P. (TIME WARNER)

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN AN AGREEMENT FOR ELECTRIC SERVICE AND AN AGREEMENT GRANTING A TRANSFORMER AND UNDERGROUND ELECTRICAL EASEMENT TO THE EL PASO ELECTRIC COMPANY FOR THE PURPOSE OF PROVIDING ELECTRICAL SERVICE TO THE TEXAS CABLE PARTNERS, L.P. (TIME WARNER), AN AIRPORT INDUSTRIAL PARK LEASE HOLDER, AT 7010 AIRPORT ROAD, EL PASO, TEXAS. SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED AS A PORTION OF LOT 4, BLOCK 6 OF THE BUTTERFIELD TRAIL INDUSTRIAL PARK, REPLAT A, EL PASO, EL PASO COUNTY, TEXAS. (DISTRICT 2) [ENGINEERING, R. ALAN SHUBERT, (915) 541-4423]

"3B. RESOLUTION: THAT THE MAYOR BE AUTHORIZED TO SIGN AN INTERLOCAL GOVERNMENT AGREEMENT BETWEEN THE CITY OF EL PASO AND THE COUNTY OF EL PASO/DISTRICT ATTORNEY, 34TH JUDICIAL DISTRICT OF THE STATE OF TEXAS

ACTION TAKEN: APPROVED

THAT THE MAYOR BE AUTHORIZED TO SIGN AN INTERLOCAL GOVERNMENT AGREEMENT BETWEEN THE CITY OF EL PASO AND THE COUNTY OF EL PASO/DISTRICT ATTORNEY, 34TH JUDICIAL DISTRICT OF THE STATE OF TEXAS, FOR SERVICES TO THE CITY AND ITS POLICE DEPARTMENT RELATING TO ARRESTS AND PROSECUTION OF CASES IN CONNECTION WITH THE DISTRICT ATTORNEY'S INFORMATION MANAGEMENT SYSTEM AND PROGRAM FROM SEPTEMBER 1, 2009, THROUGH AUGUST 31, 2010, IN AN AMOUNT NOT TO EXCEED $208,500. FUNDING SOURCE: GENERAL FUND. (ALL DISTRICTS)

[POLICE DEPARTMENT, ERIC SHELTON, (915) 564-7309]

"4. BOARD APPOINTMENT: RICHARD VORBA TO THE PSB SELECTION COMMITTEE

ACTION TAKEN: APPOINTED

RICHARD VORBA TO THE PSB SELECTION COMMITTEE BY REPRESENTATIVE CARL ROBINSON, DISTRICT 4. [REPRESENTATIVE CARL ROBINSON, (915) 541-4400]

"5A. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, IS AUTHORIZED TO ISSUE A PURCHASE ORDER TO SIGMA SOLUTIONS INC.

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, IS AUTHORIZED TO ISSUE A PURCHASE ORDER TO SIGMA SOLUTIONS INC., A STATE DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACTOR UNDER DIR STATE CONTRACT DIR-SDD-600, IN THE AMOUNT OF $107,624.45 FOR MAINTENANCE OF NETBACKUP SUPPORT. 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.: 39010351 - 502202 - 01101

FUNDING SOURCE: FY 09 IS-GENERAL FUND-DATA PROCESSING SERVICES CONTRACTS

TOTAL EST. AWARD: $107,624.45

REFERENCE NO.: 2009-302

DISTRICTS: ALL

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

"5B. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE PURCHASE ORDER TO SIERRA MACHINERY, INC.; THE SOLE AUTHORIZED SALES, PARTS, AND SERVICE DISTRIBUTOR IN EL PASO, TEXAS, FOR VOLVO CONSTRUCTION EQUIPMENT AND VOLVO ROAD MACHINERY PROPRIETARY PARTS AND SERVICE.

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE PURCHASE ORDER TO SIERRA MACHINERY, INC.; THE SOLE AUTHORIZED SALES, PARTS, AND SERVICE DISTRIBUTOR IN EL PASO, TEXAS, FOR VOLVO CONSTRUCTION EQUIPMENT AND VOLVO ROAD MACHINERY PROPRIETARY PARTS AND SERVICE. ESTIMATED ANNUAL AMOUNT IS $95,000. TOTAL ESTIMATED THREE YEAR AWARD IS $285,000 WITH THE STIPULATION THAT THE VENDOR PROVIDES AN UPDATED SOLE SOURCE LETTER AND AFFIDAVIT EACH YEAR.

DEPARTMENT: GENERAL SERVICES

ACCOUNT NO.: 37370510 - 503125 - 45202

ANNUAL ESTIMATED AMOUNT: $ 95,000

FUNDING SOURCE: GENERAL SERVICES, INTERNAL SERVICE FUND

TOTAL ESTIMATED AMOUNT: $285,000 (3-YEAR TOTAL)

SOLE SOURCE NO.: 2009-258

DISTRICTS: ALL

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

"5C. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER TO KIRBY-SMITH MACHINERY, A HOUSTON-GALVESTON AREA COUNCIL (HGAC) CONTRACTOR UNDER CONTRACT NO. EM-06-09, FOR ONE CRAWLER DOZER

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER TO KIRBY-SMITH MACHINERY, A HOUSTON-GALVESTON AREA COUNCIL (HGAC) CONTRACTOR UNDER CONTRACT NO. EM-06-09, FOR ONE CRAWLER DOZER IN THE ESTIMATED AMOUNT OF $409,500.00. THE PARTICIPATION BY THE CITY OF EL PASO IN THE HGAC COOPERATIVE WAS APPROVED BY MAYOR AND CITY COUNCIL ON AUGUST 21, 2007.

DEPARTMENT: ENVIRONMENTAL SERVICES

ACCOUNT NO.: 34010289 - 508029 - 40403

FUNDING SOURCE: HEAVY OFF ROAD EQUIPMENT

TOTAL ESTIMATED AWARD: $409,500 (ONE CRAWLER DOZER)

REFERENCE NO.: 2009-304

DISTRICTS: ALL

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

"5D. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER TO CHECKPOINT SERVICES, A STATE DEPARTMENT OF INFORMATION RESOURCES

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER TO CHECKPOINT SERVICES, A STATE DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACTOR UNDER DIR STATE CONTRACT DIR-SDD-890, IN THE AMOUNT OF $100,360 FOR DELL COMPUTER AND EQUIPMENT PRODUCTS FOR EL PASO POLICE DEPARTMENT FOR THE REGIONAL COMMAND CENTER. PARTICIPATION BY THE CITY OF EL PASO IN THE DIR PROGRAM WAS APPROVED BY CITY COUNCIL ON MARCH 6, 2007.

DEPARTMENT: POLICE

ACCOUNT NO.: 21150060-508010-16371-P500231

FUNDING SOURCE: CONFISCATED FUNDS

TOTAL ESTIMATED AWARD: $100,360

REFERENCE NO.: 2009-301

DISTRICTS: ALL

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

"6. BEST VALUE PROCUREMENTS: THE AWARD OF SOLICITATION NO. 2009-186 (JANITORIAL SERVICES - MARCOS B. ARMIJO, SAN JUAN AND L.F. WASHINGTON RECREATION CENTERS) TO CAREFREE JANITORIAL SERVICES

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2009-186 (JANITORIAL SERVICES - MARCOS B. ARMIJO, SAN JUAN AND L.F. WASHINGTON RECREATION CENTERS) TO CAREFREE JANITORIAL SERVICES FOR A TOTAL ESTIMATED AWARD OF $169,332.

DEPARTMENT: PARKS AND RECREATION DEPARTMENT

AWARD TO: CAREFREE JANITORIAL SERVICES

EL PASO, TX

ITEMS: 2B, 3C, 5B, 6C, 8B, 9C

OPTION: TWO YEARS

ACCOUNT NO.: 51010363 - 01101 - 502206

FUNDING SOURCE: GENERAL FUND - MAINTENANCE SERVICES CONTRACTS

TOTAL ESTIMATED AWARD: $169,332 (36 MONTHS)

DISTRICTS: ALL

THIS IS A THIRTY-SIX MONTH REQUIREMENTS TYPE CONTRACT.

THE COST UNDER THIS REQUIREMENTS CONTRACT IS ONLY AN ESTIMATED VALUE. THE ACTUAL COST OF THIS CONTRACT MAY BE HIGHER OR LOWER THAN THE TOTAL ESTIMATED 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 PARKS AND RECREATION RECOMMEND AWARD TO CAREFREE JANITORIAL SERVICES, THE VENDOR OFFERING THE BEST VALUE BID. [FINANCIAL SERVICES/PURCHASING, TERRENCE FREIBURG, (915) 541-4313]

"7. REQUEST FOR PROPOSALS: THE AWARD OF SOLICITATION NO. 2009-252R (BASELINE PHYSICAL EXAMS FOR FIREFIGHTERS) TO LAS PALMAS DEL SOL HEALTHCARE

ACTION TAKEN: AWARDED AS REVISED

THE AWARD OF SOLICITATION NO. 2009-252R (BASELINE PHYSICAL EXAMS FOR FIREFIGHTERS) TO LAS PALMAS DEL SOL HEALTHCARE FOR A TOTAL ESTIMATED AWARD OF $493,092.

DEPARTMENT: FIRE

AWARD TO: LAS PALMAS DEL SOL HEALTHCARE

EL PASO, TX

OPTION: ONE YEAR

ANNUAL ESTIMATED AMOUNT: $164,364

ACCOUNT NO.: 22010100 - 502111 - 01101

FUNDING SOURCE: GENERAL FUND

TOTAL ESTIMATED AWARD: $493,092 (3 YEARS)

DISTRICTS: ALL

THIS IS A THIRTY-SIX MONTH CONTRACT.

THE DEPARTMENTS OF FINANCIAL SERVICES, PURCHASING DIVISION, AND FIRE, BASED ON EVALUATION FACTORS ESTABLISHED FOR THIS PROCUREMENT, RECOMMEND AWARD TO THE HIGHEST RANKED PROPOSER AS INDICATED. [FINANCIAL SERVICES/PURCHASING, TERRENCE FREIBURG, (915) 541-4313]

"8. BUDGET TRANSFERS: BT2009-1382 CONVENTION & PERFORMING ARTS CENTER

ACTION TAKEN: APPROVED

BT2009-1382 CONVENTION & PERFORMING ARTS CENTER

DUE TO INCREASED EVENT ACTIVITY, ESTIMATED REVENUE AND EXPENSES REQUIRE ADJUSTMENT. CPAC GENERATED ADDITIONAL EVENT REVENUE OF $275,000, THEREFORE, EXPENSES INCREASED. ADJUSTMENTS TO BUDGET TO COVER UTILITIES, FOOD, AND BEVERAGE COST OF SALE, AND INCREASED EVENT STAFFING AND SERVICES.

INCREASE $275,000 TO MANAGEMENT CONSULT SERVICES

INCREASE $ 75,000 TO PARKING FEE REVENUE

INCREASE $200,000 TO SALES TO THE PUBLIC

[EL PASO CONVENTION & PERFORMING ARTS CENTER, MR. BILL BLAZIEK, (915) 534-0601]

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 ORDINANCE 16013 TO EXTEND THE TERM OF ORDINANCE 16013, WHICH GRANTED A SPECIAL PRIVILEGE TO MARIO HERNANDEZ, HECTOR COBOS, JR., EBER MARTINEZ, MARIA COBOS, MARGARITA COBOS, JUAN TORRES, PEDRO ORONA, HECTOR COBOS, MARIA PRIETO, MARIA GRADO, JACK KELLOG, JESUS HERNANDEZ, EUSEBIO CORONEL, VICTOR OCHOA, CARMEN COX, MARIA CHAVEZ, EUNISE MORALES, MARIA BARRAZA, SANTIAGO AGUILAR, AND BRANDON PALMA TO ENCROACH ONTO A PORTION OF VARIOUS PUBLIC RIGHTS-OF-WAY WITH A FOOD-VENDING CONCESSION IN THE DOWNTOWN AREA. (DISTRICT 8) [DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

9B. AN ORDINANCE AMENDING TITLE 12 (VEHICLES AND TRAFFIC), CHAPTER 12.88 (SCHEDULES), SECTION 12.88.010 SCHEDULE I (ONE WAY STREETS), OF THE EL PASO CITY CODE BY DELETING NUMBER 8, ANTHONY STREET BETWEEN SAN ANTONIO AVENUE AND PAISANO DRIVE; 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]

9C. AN ORDINANCE AMENDING TITLE 12 (VEHICLES AND TRAFFIC), CHAPTER 12.88 (SCHEDULES), SECTION 12.88.010 SCHEDULE I (ONE-WAY STREETS), OF THE EL PASO CITY CODE BY CHANGING NUMBER 35, FRANKLIN AVENUE EASTBOUND FROM DURANGO STREET TO CAMPBELL STREET TO FRANKLIN AVENUE EASTBOUND FROM OREGON STREET TO CAMPBELL STREET; 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]

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 1, 2009, FOR ITEMS 9A - 9C

9D. AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.16 (SCREENING AND FENCING), SECTION 20.16.030 (PERMITTED WALLS), OF THE EL PASO CITY CODE TO ALLOW FOR AN ADDITIONAL FOUR FEET OF FENCING ON A SCREENING WALL OR FENCE NOT TO EXCEED A TOTAL OF TWELVE FEET IN HEIGHT. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. (ALL DISTRICTS) [DEVELOPMENT SERVICES, FRED LOPEZ, (915) 541-4322]

9E. AN ORDINANCE CHANGING THE ZONING OF A PORTION OF TRACT 3F, SECTION 21, BLOCK 80, TOWNSHIP 1, TEXAS AND PACIFIC RAILROAD COMPANY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM C-4/C (COMMERCIAL/CONDITIONS) TO R-5 (RESIDENTIAL) AND RELEASING CONDITIONS PLACED ON THE PROPERTY BY ORDINANCE NO. 016745. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: NORTH OF DYER STREET AND WEST OF MESQUITE HILL DRIVE. PROPERTY OWNERS: NEWMAN RANCH PARTNERS L.P. ZON09-00032 & ZON09-00037 (DISTRICT 4) [DEVELOPMENT SERVICES/PLANNING, LINDA CASTLE, (915) 541-4029]

9F. AN ORDINANCE CHANGING THE ZONING OF A PORTION OF SECTION 47, BLOCK 79, TOWNSHIP 2, TEXAS AND PACIFIC RAILWAY COMPANY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM C-1/C (COMMERCIAL/CONDITIONS) TO G-MU/C (GENERAL MIXED USE/CONDITIONS). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: NORTH OF PEBBLE HILLS BOULEVARD AND WEST OF JOHN HAYES STREET. APPLICANT: RANCHOS REAL IV, LTD. ZON09-00015 (DISTRICT 5) [DEVELOPMENT SERVICES/PLANNING, ANDREW SALLOUM, (915) 541-4027]

9G. AN ORDINANCE RELEASING CONDITIONS PLACED ON PROPERTY BY ORDINANCE NO. 17072 WHICH CHANGED THE ZONING OF A PORTION OF SECTION 47, BLOCK 79, TOWNSHIP 2, TEXAS AND PACIFIC RAILWAY COMPANY SURVEYS, 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 PEBBLE HILLS BOULEVARD AND WEST OF JOHN HAYES STREET. APPLICANT: RANCHOS REAL IV, LTD. ZON09-00031 (DISTRICT 5)

[DEVELOPMENT SERVICES/PLANNING, ANDREW SALLOUM, (915) 541-4027]

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 15, 2009, FOR ITEMS 9D - 9G

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: 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 2004-088R (800MHZ TRUNKED SIMULCAST RADIO SYSTEM/800MHZ CONVENTIONAL SYSTEM FIXED EQUIPMENT MAINTENANCE) WHICH WAS AWARDED ON AUGUST 29, 2008, TO MOTOROLA, INC., FOR ONE ADDITIONAL YEAR, FROM SEPTEMBER 1, 2009, TO AUGUST 31, 2010. TOTAL AWARD $818,098.70.

DEPARTMENT: INFORMATION TECHNOLOGY

OPTION: FOUR OF FIVE

ACCOUNT NO.: 39010352-502229- 01101

FUNDING SOURCE: FY10 GENERAL FUND ACCOUNT

TOTAL ESTIMATED AWARD: $818,098.70

DISTRICTS: ALL

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

ACTION TAKEN: AWARDED

DISCUSSION AND ACTION ON THE AWARD OF SOLICITATION NO. 2009-097R (457 (B) DEFERRED COMPENSATION PLAN ADMINISTRATOR AND 401(A) PROFIT SHARING ADMINISTRATOR) TO PRUDENTIAL RETIREMENT.

DEPARTMENT: OMB - INSURANCE AND BENEFITS

AWARD TO: PRUDENTIAL RETIREMENT

HARTFORD, CT

ITEMS: ALL

OPTION: TWO 3-YEAR PERIODS

TOTAL COST (YEARS 1-5): N/A

ACCOUNT NO.: N/A

FUNDING SOURCE: EMPLOYEE VOLUNTARY CONTRIBUTIONS ONLY

TOTAL ESTIMATED AWARD: N/A

DISTRICTS: ALL

THIS IS A FIVE YEAR CONTRACT.

THE DEPARTMENTS OF FINANCIAL SERVICES, PURCHASING DIVISION, AND OFFICE OF MANAGEMENT AND BUDGET BASED ON EVALUATION FACTORS ESTABLISHED FOR THIS RFP RECOMMEND AWARD TO THE HIGHEST RANKED PROPOSER AS INDICATED.

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

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE RESTRICTED FUNDS MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF EL PASO AND THE EL PASO MUSEUM OF ART FOUNDATION, UNDER WHICH THE FOUNDATION WILL HOLD, MANAGE, AND INVEST CERTAIN CITY SPECIAL REVENUE FUND ACCOUNTS AS ENDOWED FUNDS FOR THE BENEFIT OF THE EL PASO MUSEUM OF ART. (ALL DISTRICTS)

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

ACTION TAKEN: APPROVED WITH THE REVISION TO THE BILL OF SALE.

DISCUSSION AND ACTION ON A RESOLUTION THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE A BILL OF SALE AND EQUIPMENT PURCHASE AGREEMENT BETWEEN THE CITY AND THE GREATER EL PASO CHAMBER OF COMMERCE FOUNDATION (''FOUNDATION'') TO TRANSFER THE RIGHTS, TITLE, AND INTEREST IN CERTAIN EQUIPMENT COMMONLY KNOWN AS THE ''STAR ON THE MOUNTAIN'' AND THAT THE CITY MANAGER BE AUTHORIZED TO ENTER INTO AN OPERATION AND MAINTENANCE AGREEMENT WITH THE FOUNDATION TO OPERATE AND MAINTAIN THE STAR FROM AUGUST 1, 2009, THROUGH APRIL 30, 2010, IN AN AMOUNT NOT TO EXCEED $50,000 ON AN ANNUAL BASIS. (ALL DISTRICTS)

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

NO ACTION WAS TAKEN

PRESENTATION BY EL PASO MENTAL HEALTH AND MENTAL RETARDATION (MHMR) TO UPDATE CITY COUNCIL ON THE STATUS OF THE EL PASO MHMR WAIT LIST FOR SERVICES THAT WILL GO INTO EFFECT SEPTEMBER 1, 2009. [REPRESENTATIVE EMMA ACOSTA, (915) 541-4572]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION THAT CITY COUNCIL ADOPT POLICIES AND PRIORITIES FOR THE 36TH YEAR (2010 - 2011) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE 2010 - 2011 EMERGENCY SHELTER GRANT (ESG) PROGRAM, AND THE 2010 - 2011 HOUSING OPPORTUNITIES FOR PERSON WITH AIDS (HOPWA) PROGRAM, ALL SUCH POLICIES AND PRIORITIES ATTACHED HERETO AS A THROUGH Q; THAT CITY COUNCIL ESTABLISH SEPTEMBER 18, 2009, AS THE DEADLINE FOR THE SUBMISSION OF LETTERS OF INTENT FROM CDBG PUBLIC SERVICE, ESG, HOPWA, AND NEIGHBORHOOD REVITALIZATION STRATEGY AREA (NRSA) PARTNERSHIP AGENCIES; THAT CITY COUNCIL ESTABLISH NOVEMBER 2, 2009, AS THE DEADLINE FOR SUBMISSION OF ALL CDBG PUBLIC SERVICE, ESG, AND HOPWA APPLICATION PACKETS; THAT CITY COUNCIL ESTABLISH NOVEMBER 13, 2009, AS THE DEADLINE FOR SUBMISSION OF ALL CITY REPRESENTATIVE REQUESTS AND CITIZEN REQUEST FORMS; AND THAT CITY COUNCIL ESTABLISH JANUARY 8, 2010, AS THE FINAL DEADLINE FOR THE SUBMISSION OF ALL 2010 - 2011 CITY DEPARTMENT, CODE ENFORCEMENT, ECONOMIC DEVELOPMENT, HOUSING (FAIR HOUSING, FIRST-TIME HOMEBUYER COUNSELING AND EDUCATION, AND VOLUNTEER HOUSING REHABILITATION), INTERIM ASSISTANCE, NRSA PARTNERSHIP, AND PUBLIC FACILITY APPLICATION PACKETS. (ALL DISTRICTS) [COMMUNITY AND HUMAN DEVELOPMENT, WILLIAM LILLY, (915) 541-4643]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL PASO AND THE NATIONAL COMMUNITY STABILIZATION TRUST, LLC (NCST) CONCERNING THE CITY'S PARTICIPATION IN THE NCST REO ACQUISITION PROGRAM IN CONNECTION WITH THE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM. (ALL DISTRICTS)

[COMMUNITY AND HUMAN DEVELOPMENT, ANDREA TIRRES, (915) 541-4845]

ACTION TAKEN: DENIED

DISCUSSION AND ACTION ON THE REQUEST FROM THE ALBUQUERQUE DISTRICT ARMY CORPS OF ENGINEERS FOR A TEMPORARY (6 MONTHS) RIGHT-OF-ENTRY UPON CITY OWNED PROPERTY TO CONDUCT LAND SURVEYS AND ENVIRONMENTAL SURVEYS FOR A PORTION OF CITY PROPERTY THAT HAS BEEN IDENTIFIED BY CUSTOMS AND BORDER PROTECTION AS A POTENTIAL PERMANENT ROUTE OF ACCESS TO THE EL PASO SECTOR BORDER FENCE. (DISTRICT 6)

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

ACTION TAKEN: ADOPTED

AN ORDINANCE EXTENDING THE TERM OF A SPECIAL PRIVILEGE LICENSE GRANTED TO SHELL OIL COMPANY BY ORDINANCE 12055, WHICH PERMITTED THE ENCROACHMENT ONTO A PORTION OF A DRAINAGE EASEMENT LOCATED IN TRACT 1A5, BLOCK 4, ASCARATE GRANT, CITY OF EL PASO, EL PASO COUNTY, TEXAS, WITH A MULTI-PRODUCT PIPELINE AND APPROVING THE ASSIGNMENT OF THE LICENSE TO MAGELLAN PIPELINE COMPANY L.P. APPLICANT: MAGELLAN PIPELINE COMPANY, L.P. SP94034. (DISTRICT 3)

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

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING ORDINANCE NO. 016874 GRANTING A SPECIAL PRIVILEGE TO ONIHC, L.L.C. PERMITTING THE ENCROACHMENT ONTO PUBLIC RIGHT-OF-WAY WITH A SIDEWALK CAFÉ LOCATED AT 504 WEST SAN ANTONIO AVENUE BY ADDING THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AS A PERMISSIBLE ACTIVITY IN THE PUBLIC RIGHT-OF-WAY DESCRIBED IN ORDINANCE 016874 AND EXTENDING THE TERM OF THE SPECIAL PRIVILEGE LICENSE TO TEN YEARS. SUBJECT PROPERTY: 504 W. SAN ANTONIO AVENUE. APPLICANT: ONIHC, L.L.C. SPL07-00018. (DISTRICT 8)

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

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING ORDINANCE 8064 (CLASSIFICATION AND COMPENSATION PLAN) TO AMEND SECTION 3.4 (F), DEMOTION OR REASSIGNMENT TO LOWER GRADE AND 4.6, LEGAL HOLIDAYS. (ALL DISTRICTS) [HUMAN RESOURCES, LINDA BALL THOMAS, (915) 541-4509]

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING ORDINANCE 8065, CIVIL SERVICE RULES AND REGULATIONS, AMENDING VARIOUS RULES AND REGULATIONS CONTAINED THEREIN, AS APPLICABLE TO THE CIVIL SERVICE SYSTEM OF THE CITY OF EL PASO AND CITY EMPLOYEES. (ALL DISTRICTS) [HUMAN RESOURCES, LINDA BALL THOMAS, (915) 541-4509]

ACTION TAKEN: ADOPTED

DISCUSSION AND ACTION ON A RESOLUTION AMENDING THE CLASSIFICATION AND COMPENSATION PLAN AS SET FORTH ON THE ATTACHMENT POSTED WITH THIS AGENDA, AS RECOMMENDED BY THE CIVIL SERVICE COMMISSION. (SEE ATTACHMENT A) (ALL DISTRICTS) [HUMAN RESOURCES, LINDA BALL THOMAS, (915) 541-4509]

ATTACHMENT A

CLASSIFICATION AND COMPENSATION PLANS

AUGUST 25, 2009

THAT THE CLASSIFICATION AND COMPENSATION PLAN SHALL BE AMENDED AS RECOMMENDED BY THE CIVIL SERVICE COMMISSION. THE CLASS HISTORY MUSEUM CURATOR IS HEREBY CREATED AS SPECIFIED IN THE DUTIES AND RESPONSIBILITIES ATTACHED HERETO. THE CODE IS 15245. THE GRADE IS PM 124. THIS POSITION WILL BE IN THE MUSEUMS AND CULTURAL AFFAIRS DEPARTMENT AND FUNDING WAS BUDGETED AND APPROVED BY THE CITY COUNCIL AND IS AVAILABLE. SALARY RANGE: $38,454.89 - $54,913.59

THAT THE CLASSIFICATION AND COMPENSATION PLAN SHALL BE AMENDED AS RECOMMENDED BY THE CIVIL SERVICE COMMISSION. THE CLASS HISTORY MUSEUM ASSISTANT CURATOR IS HEREBY CREATED AS SPECIFIED IN THE DUTIES AND RESPONSIBILITIES ATTACHED HERETO. THE CODE IS 15255. THE GRADE IS PM 122. THIS POSITION WILL BE IN THE MUSEUMS AND CULTURAL AFFAIRS DEPARTMENT AND FUNDING WAS BUDGETED AND APPROVED BY THE CITY COUNCIL AND IS AVAILABLE. SALARY RANGE: $34,879.72 - $49,808.24

THAT THE CLASSIFICATION AND COMPENSATION PLAN SHALL BE AMENDED AS RECOMMENDED BY THE CIVIL SERVICE COMMISSION. THE CLASS PUBLIC SAFETY COMMUNICATOR TRAINEE IS HEREBY CREATED AS SPECIFIED IN THE DUTIES AND RESPONSIBILITIES ATTACHED HERETO. THE CODE IS 19755. THE GRADE IS GS 50. THIS POSITION WILL BE IN THE EL PASO POLICE DEPARTMENT AND FUNDING WAS BUDGETED AND APPROVED BY THE CITY COUNCIL AND IS AVAILABLE. SALARY RANGE: $28,449.87 - $43,834.42

ACTION TAKEN: ADOPTED AS REVISED

AN ORDINANCE AMENDING TITLE 15 (PUBLIC SERVICES), CHAPTER 15.08 (STREET RENTALS), SECTION 15.08.120 (SPECIAL PRIVILEGES), OF THE EL PASO CITY CODE TO AMEND THE PROCEDURES FOR USE OF PUBLIC RIGHT OF WAY GRANTED BY SPECIAL PRIVILEGE LICENSE AND PERMITS, THE PENALTY AS PROVIDED FOR IN SECTION 15.08.125 OF THE EL PASO CITY CODE.

(ALL DISTRICTS) [ENGINEERING/TRAFFIC DIVISION, KIMBERLY FORSYTH, (915) 541-4165]

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 13 (STREETS, SIDEWALKS AND PUBLIC PLACES), CHAPTER 13.24 (CITY PARKS AND RECREATION AREAS), SECTION 13.24.200, PARK AND RECREATION FACILITY USE AND FEE AUTHORIZATION, OF THE EL PASO CITY CODE TO REVISE AND CLARIFY THE PROVISIONS RELATING TO THE TYPES OF USER FEES AUTHORIZED TO BE CHARGED BY THE DEPARTMENT, TO CLARIFY THE AUTHORIZATION FOR THE DEVELOPMENT OF PROGRAMMING IN THE PARKS; TO REQUIRE BACKGROUND CHECKS FOR LEAGUE COACHES, AND TO AMEND THE DEFINITIONS USED HEREIN AND ON THE FEE SCHEDULE. (ALL DISTRICTS)

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

ACTION TAKEN: PROVIDED HEALTH CARE BENEFITS TO DOMESTIC PARTNERS.

DISCUSSION AND ACTION ON PROVIDING HEALTH CARE BENEFITS TO DOMESTIC PARTNERS. [REPRESENTATIVE EDDIE HOLGUIN, (915) 541-4178]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING, AMENDING THE ARTICLES OF AGREEMENT BETWEEN THE CITY OF EL PASO AND LOCAL 51, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC. (ALL DISTRICTS)

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

ACTION TAKEN: 1ST MOTION - DIRECTED THE CITY MANAGER TO COME BACK TO COUNCIL BY DECEMBER 1, 2009, WITH A COST/BENEFIT ANALYSIS ON MOVING THE NORTHEAST ARRAIGNMENT COURT DOWNTOWN.

DISCUSSION AND ACTION ON A RESOLUTION THAT THE PROPOSED BUDGET, AS AMENDED, FOR THE CITY OF EL PASO, FILED BY THE CITY MANAGER WITH THE CITY CLERK ON JUNE 30, 2009, IS HEREBY APPROVED AND ADOPTED BY THE CITY COUNCIL AS THE ANNUAL BUDGET FOR FISCAL YEAR 2010 FOR THE CITY OF EL PASO, TEXAS. (ALL DISTRICTS)

[OFFICE OF MANAGEMENT AND BUDGET, DAVID ALMONTE, (915) 541-4777]

ACTION TAKEN: 2ND AND FINAL MOTION - APPROVED AS AMENDED

DISCUSSION AND ACTION ON A RESOLUTION THAT THE PROPOSED BUDGET, AS AMENDED, FOR THE CITY OF EL PASO, FILED BY THE CITY MANAGER WITH THE CITY CLERK ON JUNE 30, 2009, IS HEREBY APPROVED AND ADOPTED BY THE CITY COUNCIL AS THE ANNUAL BUDGET FOR FISCAL YEAR 2010 FOR THE CITY OF EL PASO, TEXAS. (ALL DISTRICTS)

[OFFICE OF MANAGEMENT AND BUDGET, DAVID ALMONTE, (915) 541-4777]

ACTION TAKEN: ADOPTED, AS REVISED, SETTING THE TAX RATE AT .633 PER $100 VALUED.

AN ORDINANCE LEVYING FY 2010 TAXES. (ALL DISTRICTS)

[OFFICE OF MANAGEMENT AND BUDGET, DAVID ALMONTE, (915) 541-4777

NOTICE TO THE PUBLIC - CONSENT AGENDA

ALL MATTERS LISTED UNDER THE CONSENT AGENDA, INCLUDING THOSE ON THE ADDITION TO THE AGENDA, WILL BE CONSIDERED BY MASS TRANSIT DEPARTMENT BOARD TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION UNLESS SEPARATE DISCUSSION IS REQUESTED BY BOARD 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. THE MASS TRANSIT DEPARTMENT BOARD 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 MASS TRANSIT DEPARTMENT BOARD AS POSTED, UNLESS OTHERWISE REVISED BY THIS OR OTHER MOTION OF THE MASS TRANSIT DEPARTMENT BOARD, WITHOUT THE NECESSITY OF THE CITY CLERK READING THE WORDING OF EACH ITEM INTO THE RECORD.

"MTB1. APPROVAL OF MINUTES: MASS TRANSIT DEPARTMENT BOARD MEETING OF AUGUST 11, 2009.

ACTION TAKEN: APPROVED

APPROVAL OF MINUTES FOR THE MASS TRANSIT DEPARTMENT BOARD MEETING OF AUGUST 11, 2009. (SUN METRO, JAY BANASIAK, (915) 533-1220) (ACTION 09-87)

"MTB2. REQUEST TO EXCUSE ABSENT MASS TRANSIT DEPARTMENT BOARD MEMBERS (ACTION 09-88)

NO ACTION WAS TAKEN

"MTB3. RESOLUTION: THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF EL PASO AND THE NEW MEXICO DEPARTMENT OF TRANSPORTATION FOR THE USE OF CITY PROPERTY

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A LICENSE AGREEMENT BY AND BETWEEN THE CITY OF EL PASO AND THE NEW MEXICO DEPARTMENT OF TRANSPORTATION FOR THE USE OF CITY PROPERTY LOCATED AT 400 WEST SAN ANTONIO STREET, EL PASO, TEXAS 79901 (THE UNION PLAZA TRANSIT TERMINAL), 601 SANTA FE STREET, EL PASO, TEXAS 79901 (THE BERT WILLIAMS DOWNTOWN SANTA FE TRANSFER CENTER) AND 7535 REMCON CIRCLE, EL PASO, TEXAS 79912 (THE WESTSIDE TRANSFER CENTER), AS BUS STOPS FOR THE NEW MEXICO PARK AND RIDE BUS SERVICE CONNECTING EL PASO COUNTY, TEXAS AND DOÑA ANA COUNTY, NEW MEXICO. THE INITIAL TERM OF THE LICENSE AGREEMENT IS TWO (2) YEARS WITH AN OPTION TO RENEW ON A YEAR-BY-YEAR BASIS BY MUTUAL WRITTEN CONSENT OF BOTH PARTIES. (ACTION 09-89)

ACTION TAKEN: APPROVED AS REVISED

THAT THE PROPOSED BUDGET, AS AMENDED, FOR THE MASS TRANSIT DEPARTMENT OF THE CITY OF EL PASO, FILED BY THE CITY MANAGER WITH THE CITY CLERK ON JUNE 30, 2009, IS HEREBY APPROVED AND ADOPTED BY THE BOARD AS THE ANNUAL BUDGET FOR THE FISCAL YEAR 2010, WHICH BEGINS ON SEPTEMBER 1, 2009 AND ENDS ON AUGUST 31, 2010. (ACTION 09- 90)