MUNICIPAL CLERK AND COURTS

 

VOTING AGENDA


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PLEASE NOTE:
For Mass Transit Board (MTB) meetings, the Mayor is the Chairman and votes on all items.

For City Council meetings, the Mayor only votes to break a tie.

 

Agenda: CITY COUNCIL MEETING
Date: 9/8/2009
 
   
Item: NOTICE TO THE PUBLIC - CONSENT AGENDA  (Regular City Council 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 SEPTEMBER 1, 2009, AND THE SPECIAL CITY COUNCIL MEETINGS OF AUGUST 26, 2009 (BILLBOARDS) AND SEPTEMBER 1, 2009 (ANNEXATION).

ACTION TAKEN: APPROVED

APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 1, 2009, AND THE SPECIAL CITY COUNCIL MEETINGS OF AUGUST 26, 2009 (BILLBOARDS) AND SEPTEMBER 1, 2009 (ANNEXATION). [MUNICIPAL CLERK, RICHARDA DUFFY MOMSEN, (915) 541-4127]

"2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

ACTION TAKEN: EXCUSED

REPRESENTATIVE ANN MORGAN LILLY

"3. RESOLUTION: THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A CONTRACT OF SALE BETWEEN THE CITY OF EL PASO AND SAUL MANUEL DOMINGUEZ, SR. FOR THE PURCHASE OF THE FOLLOWING PARCEL FOR THE ROSEWAY STREET AND DRAINAGE IMPROVEMENT PROJECT FOR $75,000: KNOWN AS 9132 ROSEWAY DRIVE, EL PASO COUNTY, TEXAS.

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A CONTRACT OF SALE BETWEEN THE CITY OF EL PASO AND SAUL MANUEL DOMINGUEZ, SR. FOR THE PURCHASE OF THE FOLLOWING PARCEL FOR THE ROSEWAY STREET AND DRAINAGE IMPROVEMENT PROJECT FOR $75,000: PARCEL 8 - 1,545 SQUARE FEET, MORE OR LESS, BEING A PORTION OF TRACT 110, NORTH VALUMBROSA, SUBDIVISION NO. 2, AN ADDITION TO THE CITY OF EL PASO, EL PASO COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14, PAGE 39, PLAT RECORDS OF EL PASO COUNTY, TEXAS, ALSO KNOWN AS 9132 ROSEWAY DRIVE, EL PASO COUNTY, TEXAS. THIS EXPENDITURE IS FUNDED THROUGH 2004 GENERAL OBLIGATION BONDS. PROJECT #: PBE04ST127; FUND: 29142; DEPARTMENT: 14200403; ACCOUNT: 508000. (DISTRICT 6)

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

"4A. BOARD APPOINTMENT: LAURA FOSTER KISSACK TO THE PUBLIC SERVICE BOARD SELECTION COMMITTEE

ACTION TAKEN: APPOINTED

LAURA FOSTER KISSACK TO THE PUBLIC SERVICE BOARD SELECTION COMMITTEE BY REPRESENTATIVE SUSIE BYRD, DISTRICT 2. [REPRESENTATIVE SUSIE BYRD, (915) 541-4416]

"4B. BOARD APPOINTMENT: KEVIN T. VON FINGER TO THE OPEN SPACE ADVISORY BOARD

ACTION TAKEN: APPOINTED

KEVIN T. VON FINGER TO THE OPEN SPACE ADVISORY BOARD BY REPRESENTATIVE STEVE ORTEGA, DISTRICT 7. [REPRESENTATIVE STEVE ORTEGA, (915) 541-4108]

"4C. BOARD APPOINTMENT: ANGELICA QUINTANILLA TO THE COMMITTEE ON BORDER RELATIONS

ACTION TAKEN: APPOINTED

ANGELICA QUINTANILLA TO THE COMMITTEE ON BORDER RELATIONS BY REPRESENTATIVE BETO O'ROURKE, DISTRICT 8. [REPRESENTATIVE BETO O'ROURKE, (915) 541-4123]

"4D. BOARD APPOINTMENT: JOSE M. LANDEROS TO THE CITY PLAN COMMISSION

ACTION TAKEN: APPPOINTED

JOSE M. LANDEROS TO THE CITY PLAN COMMISSION BY REPRESENTATIVE STEVE ORTEGA, DISTRICT 7. [REPRESENTATIVE STEVE ORTEGA, (915) 541-4108]

"4E. BOARD APPOINTMENT: ANN F. KRUZICH TO THE EL PASO MUSEUM OF ARCHAEOLOGY ADVISORY BOARD

ACTION TAKEN: APPOINTED

ANN F. KRUZICH TO THE EL PASO MUSEUM OF ARCHAEOLOGY ADVISORY BOARD BY REPRESENTATIVE CARL ROBINSON, DISTRICT 4.

[REPRESENTATIVE CARL ROBINSON, (915) 541-4400]

"5A. LEGISLATIVE REVIEW COMMITTEE REPORTS: FORMAL REPORT OF THE ECONOMIC AND COMMUNITY DEVELOPMENT, QUALITY OF LIFE, AND TOURISM LEGISLATIVE REVIEW COMMITTEE MEETING HELD ON AUGUST 20, 2009

ACTION TAKEN: ACCEPTED

(FOR NOTATION PURPOSES ONLY):

FORMAL REPORT OF THE ECONOMIC AND COMMUNITY DEVELOPMENT, QUALITY OF LIFE, AND TOURISM LEGISLATIVE REVIEW COMMITTEE MEETING HELD ON AUGUST 20, 2009, AS SUBMITTED BY REPRESENTATIVE STEVE ORTEGA, CHAIR. [ECONOMIC DEVELOPMENT, KATHRYN B. DODSON, (915) 541-4872]

"5B. LEGISLATIVE REVIEW COMMITTEE REPORTS : FORMAL REPORT OF THE TRANSPORTATION LEGISLATIVE REVIEW COMMITTEE MEETING HELD ON AUGUST 19, 2009

ACTION TAKEN: ACCEPTED, AS REVISED TO REFLECT NO ACTION WAS TAKEN ON ITEM 1 OF THE MINUTES.

(FOR NOTATION PURPOSES ONLY):

FORMAL REPORT OF THE TRANSPORTATION LEGISLATIVE REVIEW COMMITTEE MEETING HELD ON AUGUST 19, 2009, AS SUBMITTED BY REPRESENTATIVE BETO O'ROURKE, CHAIR. [REPRESENTATIVE BETO O'ROURKE, (915) 541-4123]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly NOT PRESENT
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 6.  INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER:"
   
 

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.

AN ORDINANCE GRANTING SPECIAL PERMIT NO. ZON09-00033 TO ALLOW FOR A 100% PARKING REDUCTION ON THE PROPERTY DESCRIBED AS LOTS 1-6, BLOCK 86, CAMPBELL ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.04.260 OF THE EL PASO CITY CODE. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24.260 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 711-723 S. STANTON STREET. PROPERTY OWNER: RIVER OAKS PROPERTIES, LTD. ZON09-00033 (DISTRICT 8)

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

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 29, 2009, FOR THE ITEM

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.

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly NOT PRESENT
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 7.  ENGINEERING: Discussion and action on the award of Solicitation No. 2009-263 for the Borderland Area Street and Drainage Improvements Phase VI to Danny Sander Construction, Inc."
   
 

ACTION TAKEN: AWARDED

DISCUSSION AND ACTION ON THE AWARD OF SOLICITATION NO. 2009-263 FOR THE BORDERLAND AREA STREET AND DRAINAGE IMPROVEMENTS PHASE VI TO DANNY SANDER CONSTRUCTION, INC. FOR A TOTAL ESTIMATED AMOUNT OF $529,667.

DEPARTMENT: ENGINEERING

AWARD TO: DANNY SANDER CONSTRUCTION, INC.

BASE BID I: $448,164

BASE BID II: $ 79,503

BASE BID III: $ 2,000

ACCOUNT NO.S: 71150069 - 508027 - 07890 - G7134CD0020

31255008 - 508027 - 27695 - G7134PS0020

FUNDING SOURCES: CDBG 34TH YEAR (2008 - 2009) AND PSB

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 ENGINEERING DEPARTMENT RECOMMENDS AWARD AS INDICATED TO THE LOWEST RESPONSIBLE BIDDER. [ENGINEERING, R. ALAN SHUBERT, (915) 541-4423]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly NOT PRESENT
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin NO
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 8.  INTRODUCTION AND PUBLIC HEARING - EL PASO WATER UTILITIES: An Ordinance authorizing the issuance of ''City of El Paso, Texas Municipal Drainage Utility System Revenue Bonds, Taxable Series 2009 "
   
 

ACTION TAKEN: ADOPTED

AN ORDINANCE AUTHORIZING THE ISSUANCE OF ''CITY OF EL PASO, TEXAS MUNICIPAL DRAINAGE UTILITY SYSTEM REVENUE BONDS, TAXABLE SERIES 2009 (DIRECT SUBSIDY-BUILD AMERICA BONDS)'' AND RESOLVE MATTERS WHICH ARE NECESSARY TO EFFECTUATE SAID ISSUANCE, INCLUDING A DELEGATION OF AUTHORITY. (ALL DISTRICTS)

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

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly NOT PRESENT
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin NO
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 9.  CITY ATTORNEY: An Ordinance making Chapter 2.92 of the El Paso City Code applicable to the members of the El Paso Water Utilities Public Service Board and resolving matters incident and related thereto; the penalty being as provided in Section 2.92.150 of The El Paso City Code."
   
 

ACTION TAKEN: ADOPTED

AN ORDINANCE MAKING CHAPTER 2.92 OF THE EL PASO CITY CODE APPLICABLE TO THE MEMBERS OF THE EL PASO WATER UTILITIES PUBLIC SERVICE BOARD AND RESOLVING MATTERS INCIDENT AND RELATED THERETO; THE PENALTY BEING AS PROVIDED IN SECTION 2.92.150 OF THE EL PASO CITY CODE. (ALL DISTRICTS) [CITY ATTORNEY'S OFFICE, ELAINE HENGEN, (915) 541-4550]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly NOT PRESENT
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana DID NOT VOTE
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE

   
Item: 10.  DEVELOPMENT SERVICES: An Ordinance amending Title 18 (Building and Construction), Chapter 18.08 (Building Code), Section 18.08.170 (Accessibility for People with Physical Disabilities)"
   
 

ACTION TAKEN: ADOPTED, AS REVISED WITH THE 5% PROVISION, AND FOR STAFF TO BRING BACK THE ORDINANCE TO COUNCIL IN 6 MONTHS AND REQUEST, IN THE MEANTIME, THAT VOLAR AND THE APARTMENT ASSOCIATION CREATE A REAL TIME DATA BASE ON THE COMPUTER OF ADA UNITS.

(TO BE HEARD AT 11:00 A.M. OR LATER)

AN ORDINANCE AMENDING TITLE 18 (BUILDING AND CONSTRUCTION), CHAPTER 18.08 (BUILDING CODE), SECTION 18.08.170 (ACCESSIBILITY FOR PEOPLE WITH PHYSICAL DISABILITIES), OF THE EL PASO CITY CODE BY DELETING THE PRIOR ADOPTION OF SECTIONS 5 THROUGH 13 OF THE TEXAS ACCESSIBILITY STANDARDS; DELETING THE CITY OF EL PASO AMENDMENTS TO THE TEXAS ACCESSIBILITY STANDARDS, SECTIONS 4.1.3 (5) THROUGH 13.4.1; ADOPTING AND AMENDING THE 2003 INTERNATIONAL BUILDING CODE, CHAPTER 11, SECTION 1101; DELETING THE CITY OF EL PASO AMENDMENTS TO THE INTERNATIONAL BUILDING CODE, CHAPTER 11, SECTIONS 1102 THROUGH 1114; REDUCING THE AMOUNT OF REQUIRED TYPE A UNITS FROM FIVE PERCENT TO TWO PERCENT; THE PENALTY BEING AS PROVIDED IN SECTION 18.02.107 (VIOLATIONS AND PENALTIES) OF THE EL PASO CITY CODE. (ALL DISTRICTS) [DEVELOPMENT SERVICES, VICTOR Q. TORRES, (915) 541-4557]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly NOT PRESENT
2 Rep. Byrd NO
3 Rep. Acosta YES
4 Rep. Robinson NO
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke NO
- Mayor Cook DID NOT VOTE

   
Item: 11A.  MAYOR AND COUNCIL: Discussion and action concerning direction for creation of an Ordinance that would allow for private residents to purchase speed humps even though the traffic studies do not justify the installation. "
   
 

NO ACTION WAS TAKEN

DISCUSSION AND ACTION CONCERNING DIRECTION FOR CREATION OF AN ORDINANCE THAT WOULD ALLOW FOR PRIVATE RESIDENTS TO PURCHASE SPEED HUMPS EVEN THOUGH THE TRAFFIC STUDIES DO NOT JUSTIFY THE INSTALLATION.

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

   
Votes:

DISTRICT

OFFICIAL

VOTE


   
Item: 11B.  MAYOR AND COUNCIL: Discussion and action on strategy for following up on Smart Growth Schools agenda."
   
 

NO ACTION WAS TAKEN

DISCUSSION AND ACTION ON STRATEGY FOR FOLLOWING UP ON SMART GROWTH SCHOOLS AGENDA. [REPRESENTATIVE SUSIE BYRD, (915) 541-4416]

   
Votes:

DISTRICT

OFFICIAL

VOTE


   
Item: EX1.  Application of El Paso Electric Company to implement an interim fuel refund before the Public Utility Commission of Texas, Docket No. 37433. (551.071) "
   
 

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE ROBINSON, AND UNANIMOUSLY CARRIED TO GRANT THE AUTHORITY TO THE CITY ATTORNEY TO SETTLE, NEGOTIATE SETTLEMENT AGREEMENT AND SIGN ALL DOCUMENTS ON BEHALF OF THE CITY OF EL PASO TO RESOLVE THE PETITION OF EL PASO ELECTRIC COMPANY FOR AUTHORITY TO DECREASE FUEL FACTOR BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET NO. 37086.

APPLICATION OF EL PASO ELECTRIC COMPANY TO IMPLEMENT AN INTERIM FUEL REFUND BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET NO. 37433. (551.071) [CITY ATTORNEY'S OFFICE, BERTHA A. ONTIVEROS, (915) 541-4550]

   
Votes:

DISTRICT

OFFICIAL

VOTE

1 Rep. Lilly NOT PRESENT
2 Rep. Byrd YES
3 Rep. Acosta YES
4 Rep. Robinson YES
5 Rep. Quintana YES
6 Rep. Holguin YES
7 Rep. S. Ortega YES
8 Rep. O'Rourke YES
- Mayor Cook DID NOT VOTE


 
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