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 SEPTEMBER 8, 2009.

ACTION TAKEN: APPROVED

APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 8, 2009. [MUNICIPAL CLERK, RICHARDA DUFFY MOMSEN, (915) 541-4127]

"2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

ACTION TAKEN: EXCUSED

REPRESENTATIVE ANN MORGAN LILLY

"3A. RESOLUTION: THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A SECOND AMENDMENT TO PROFESSIONAL SERVICES CONTRACT SOLICITATION NO. 2008-010R BY AND BETWEEN THE CITY OF EL PASO AND SCIENCE APPLICATIONS INTERNATIONAL CORPORATION (SAIC) TO AMEND THE CONTRACT TO PROVIDE FOR ADDITIONAL SERVICES

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A SECOND AMENDMENT TO PROFESSIONAL SERVICES CONTRACT SOLICITATION NO. 2008-010R BY AND BETWEEN THE CITY OF EL PASO AND SCIENCE APPLICATIONS INTERNATIONAL CORPORATION (SAIC) TO AMEND THE CONTRACT TO PROVIDE FOR ADDITIONAL SERVICES, TO INCREASE THE CONTRACT AWARD BY $156,777.19 FOR PAYMENT OF SAID ADDITIONAL SERVICES RESULTING IN A TOTAL CONTRACT AWARD AMOUNT OF $1,039,176.51, AND TO EXTEND THE OVERALL PERIOD OF PERFORMANCE AND RECEIPT OF PROJECT DELIVERABLES, AS SPECIFIED IN THE CONTRACT AMENDMENT. ALL COSTS WILL BE COVERED BY THE CITY'S OFFICE OF ECONOMIC ADJUSTMENT GRANT FUNDS WITH NO FISCAL IMPACT TO THE CITY'S GENERAL FUND.

(ALL DISTRICTS) [DEVELOPMENT SERVICES/PLANNING, MATHEW MCELROY, (915) 541-4056]

"3B. RESOLUTION: THAT THE CITY COUNCIL ADOPTS AN ANNEXATION POLICY SETTING OUT THE CRITERIA IN WHICH FUTURE LANDS WILL BE CONSIDERED FOR ANNEXATION INTO THE CITY OF EL PASO CORPORATE LIMITS.

ACTION TAKEN: DELETED

THAT THE CITY COUNCIL ADOPTS AN ANNEXATION POLICY SETTING OUT THE CRITERIA IN WHICH FUTURE LANDS WILL BE CONSIDERED FOR ANNEXATION INTO THE CITY OF EL PASO CORPORATE LIMITS. (ALL DISTRICTS)

[DEVELOPMENT SERVICES, JOHN NEAL, (915) 541-4285] POSTPONED FROM 07-07-09 AND 07-21-09

"3C. RESOLUTION: THAT AUTHORIZATION IS HEREBY GIVEN TO PAY DEVELOPER THE AMOUNT OF $135,187.12 AS CITY'S SHARE OF THE COSTS OF THE PROJECT AND THAT SUCH AMOUNT SHALL CONSTITUTE THE FINAL AND COMPLETE PAYMENT OWED TO DEVELOPER.

ACTION TAKEN: POSTPONED ONE (1) WEEK.

THAT AUTHORIZATION IS HEREBY GIVEN TO PAY DEVELOPER THE AMOUNT OF $135,187.12 AS CITY'S SHARE OF THE COSTS OF THE PROJECT AND THAT SUCH AMOUNT SHALL CONSTITUTE THE FINAL AND COMPLETE PAYMENT OWED TO DEVELOPER. THE PROJECT INCLUDES CONSTRUCTION OF THE EXTENSION OF THE DRAINAGE CHANNEL THAT PARALLELS BEAR RIDGE DRIVE, A PARALLEL MAINTENANCE ROAD, BEAR RIDGE DRIVE AND APPURTENANT FACILITIES ON CITY PROPERTY. $120,000.00 FROM HFC FUNDS AND $15,187.12 FROM 2008 REPROGRAMMING. (DISTRICT 1)

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

"3E. 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 2, 3, 6, 7 AND 8)

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

ATTACHMENT A

SOLID WASTE LIENS

SEPTEMBER 15, 2009

8640 ECHO $514.10 PARK FOOTHILLS RECREATION CO

(DISTRICT 2)

9042 URSA PLACE $216.14 JEFFERY A. & BILLIE L. TILLER

(DISTRICT 2)

9046 URSA PLACE $216.14 JEFFERY A. & BILLIE L. TILLER

(DISTRICT 2)

9050 URSA PLACE $192.87 JEFFERY A. & BILLIE L. TILLER

(DISTRICT 2)

9054 URSA PLACE $198.28 JEFFERY A. & BILLIE L. TILLER

(DISTRICT 2)

9058 URSA PLACE $309.24 JEFFERY A. & BILLIE L. TILLER

(DISTRICT 2)

9062 URSA PLACE $218.31 JEFFERY A. & BILLIE L. TILLER

(DISTRICT 2)

1224 WAGNER WAY $264.86 NATALIE M. HUNTER

(DISTRICT 2)

370 S GLENWOOD STREET $336.84 PAUL M. GUZMAN

(DISTRICT 3)

134 PALLA PLACE $357.95 ENRIQUE P. & MARTHA LOPEZ

(DISTRICT 6)

154 PALLA PLACE $467.28 LEOBARDO A. & MARIA ESCALANTE

(DISTRICT 6)

TRACT 6, INDIAN TOWN SUBDIVISION $431.56 EDUARDO QUEZADA

(DISTRICT 6)

605 VILLA PLACE $177.72 SERGIO HERNANDEZ

(DISTRICT 6)

313 S. ZARAGOZA ROAD $89.76 SERGIO F. & YOLANDA C. BERNAL

(DISTRICT 6)

605 GREGGERSON DRIVE $214.82 ALICIA JAYME-ROJAS

(DISTRICT 7)

3930 HUECO AVENUE $479.68 IB PROPERTY HOLDINGS LLC

(DISTRICT 8)

1017 E RIVER AVENUE $311.95 BANK OF AMERICA NA

(DISTRICT 8)

3027 RIVERA AVENUE $213.17 MARIA T. VILLALOBOS

(DISTRICT 8)

3901 TULAROSA AVENUE $67.30 LUCIO & SOCORRO CUEVAS

(DISTRICT 8)

"4A. BOARD APPOINTMENT: ROBERT D. ANDRADE TO THE COMPLETE COUNT COMMITTEE

ACTION TAKEN: APPOINTED

ROBERT D. ANDRADE TO THE COMPLETE COUNT COMMITTEE BY REPRESENTATIVE RACHEL QUINTANA, DISTRICT 5. [REPRESENTATIVE RACHEL QUINTANA, (915) 541-4701]

"4B. BOARD APPOINTMENT: LISA TURNER TO THE PUBLIC SERVICE BOARD SELECTION COMMITTEE

ACTION TAKEN: APPOINTED

LISA TURNER TO THE PUBLIC SERVICE BOARD SELECTION COMMITTEE BY REPRESENTATIVE EDDIE HOLGUIN, JR., DISTRICT 6. [REPRESENTATIVE EDDIE HOLGUIN, (915) 541-4178]

"5. APPLICATIONS FOR TAX REFUNDS:

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

SEPTEMBER 15, 2009

A. ELDREDGE R. CALHOUN IN THE AMOUNT OF $3,910.00 OVERPAYMENT OF 2008 TAXES. (PID #C762-999-0200-2900).



B. JOE OLIVA IN THE AMOUNT OF $6,214.23 OVERPAYMENT OF 2008 TAXES. (PID #P448-999-0020-7300).

C. CHASE HOME FINANCE IN THE AMOUNT OF $4,246.53 OVERPAYMENT OF 2008 TAXES. (PID #V893-999-1510-2700).



"6A. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: TO CIMLINE, INC., A HOUSTON-GALVESTON AREA COUNCIL (HGAC) CONTRACTOR UNDER CONTRACT NO. SM10-08, FOR ONE CRACK SEALER/MELTER-APPLICATOR

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER TO CIMLINE, INC., A HOUSTON-GALVESTON AREA COUNCIL (HGAC) CONTRACTOR UNDER CONTRACT NO. SM10-08, FOR ONE CRACK SEALER/MELTER-APPLICATOR IN THE ESTIMATED AMOUNT OF $65,796. THE PARTICIPATION BY THE CITY OF EL PASO IN THE HGAC COOPERATIVE WAS APPROVED BY MAYOR AND CITY COUNCIL ON MAY 8, 2007.

DEPARTMENT: AVIATION

ACCOUNT NO.: 62620020 - 508029 - 41022 - P500004

FUNDING SOURCE: AIRPORT CAPITAL OUTLAY

TOTAL ESTIMATED AWARD: $65,796 (ONE CRACK SEALER/MELTER APPLICATOR)

REFERENCE NO.: 2010-024

DISTRICTS: ALL

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

"6B. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: TO NILFISK-ADVANCE, INC., A TEXAS MULTIPLE AWARD SCHEDULES (TXMAS) CONTRACTOR UNDER CONTRACT NO. 7-23V030, FOR TWO VACUUM RIDER SWEEPERS

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER TO NILFISK-ADVANCE, INC., A TEXAS MULTIPLE AWARD SCHEDULES (TXMAS) CONTRACTOR UNDER CONTRACT NO. 7-23V030, FOR TWO VACUUM RIDER SWEEPERS IN THE ESTIMATED AMOUNT OF $145,082.90. THE PARTICIPATION BY THE CITY OF EL PASO IN THE TXMAS COOPERATIVE WAS APPROVED BY MAYOR AND CITY COUNCIL ON FEBRUARY 27, 2007.

DEPARTMENT: AVIATION

ACCOUNT NO.: 62620020 - 508029 - 41022 - P500004

FUNDING SOURCE: AIRPORT CAPITAL OUTLAY

TOTAL ESTIMATED AWARD: $145,082.90 (TWO VACUUM RIDER SWEEPERS)

REFERENCE NO.: 2010-025

DISTRICTS: ALL

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

"7B. BID: THE AWARD OF SOLICITATION NO. 2009-273 (HEMOGLOBIN MICROCUVETTES AND ANALYZERS) TO STANBIO LABORATORY

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2009-273 (HEMOGLOBIN MICROCUVETTES AND ANALYZERS) TO STANBIO LABORATORY FOR A TOTAL ESTIMATED AWARD OF $270,000.

DEPARTMENT: HEALTH

AWARD TO: STANBIO LABORATORY

BOERNE, TX

ITEMS: ALL

OPTION: TWO YEARS

ANNUAL ESTIMATED AMOUNT: $90,000

ACCOUNT NO.: 41150011 - 503112 - 06341 - G4109AD

FUNDING SOURCE: CLINICAL/MEDICAL SUPPLIES

TOTAL ESTIMATED AWARD: $270,000 (36 MONTHS)

DISTRICTS: ALL

THIS IS A THIRTY-SIX 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 HEALTH DEPARTMENT RECOMMEND AWARD AS INDICATED TO THE SOLE BIDDER.

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

"7C. BID: THE AWARD OF SOLICITATION NO. 2009-108 (SOFT DRINK VENDING MACHINE SERVICES) TO PEPSI BOTTLING GROUP

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2009-108 (SOFT DRINK VENDING MACHINE SERVICES) TO PEPSI BOTTLING GROUP FOR A TOTAL ESTIMATED REVENUE AMOUNT AS INDICATED.

DEPARTMENT: PARKS AND RECREATION AND OTHER DEPARTMENTS (AS REQUESTED)

AWARD TO: PEPSI BOTTLING GROUP

EL PASO, TX

ITEMS: GROUP I, ITEM 1, 2, 3, 4, AND 5

GROUP II ITEM 1

GROUP III, ITEM 1

OPTION: TWO YEARS

ANNUAL EST. REVENUE: $ 65,150

FUNDING SOURCE: REVENUE GENERATING

TOTAL EST. REVENUE: $176,450 (3 YEAR TOTAL)

DISTRICTS: ALL

THIS IS REVENUE GENERATING TYPE CONTRACT WITH AN INITIAL TERM OF THIRTY-SIX MONTHS.

THE DEPARTMENTS OF FINANCIAL SERVICES, PURCHASING DIVISION, AND PARKS AND RECREATION RECOMMEND AWARD AS INDICATED, TO THE VENDOR OFFERING THE MOST REVENUE TO THE CITY. [FINANCIAL SERVICES/PURCHASING, TERRENCE FREIBURG, (915) 541-4313]

"7D. BID: THE AWARD OF SOLICITATION NO. 2009-107 (SNACK VENDING MACHINE & ICE CREAM VENDING MACHINE SERVICE) TO MCLIFF VENDING AND OFFICE COFFEE SERVICE AND FM VENDING

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2009-107 (SNACK VENDING MACHINE & ICE CREAM VENDING MACHINE SERVICE) TO MCLIFF VENDING AND OFFICE COFFEE SERVICE AND FM VENDING FOR A TOTAL ESTIMATED REVENUE AMOUNT AS INDICATED.

DEPARTMENT: PARKS AND RECREATION

AWARD TO: VENDOR 1: MCLIFF VENDING AND OFFICE COFFEE SERVICE

EL PASO, TX

ITEM: 1 (SNACK VENDING)

ANNUAL ESTIMATED REVENUE: $ 5,000

AWARD TO: VENDOR 2: FM VENDING

EL PASO, TX

ITEM: 2 (ICE CREAM VENDING)

ANNUAL ESTIMATED REVENUE: $ 4,000

OPTION: TWO YEARS

FUNDING SOURCE: REVENUE GENERATING

TOTAL ESTIMATED REVENUE: $27,000 (3 YEAR TOTAL)

DISTRICTS: ALL

THIS IS A REVENUE GENERATING TYPE CONTRACT WITH AN INITIAL TERM OF THIRTY-SIX MONTHS.

THE DEPARTMENTS OF FINANCIAL SERVICES, PURCHASING DIVISION, AND PARKS AND RECREATION RECOMMEND AWARD AS INDICATED, TO THE VENDORS OFFERING THE MOST REVENUE TO THE CITY. [FINANCIAL SERVICES/PURCHASING, TERRENCE FREIBURG, (915) 541-4313]

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN TWO GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENTS FOR MULBERRY AND REDD ROAD STREETS BETWEEN THE CITY OF EL PASO AND THE BNSF RAILWAY COMPANY. (DISTRICT 1) [ENGINEERING, R. ALAN SHUBERT, (915) 541-4423]

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2009-251 FOR THE WESTSIDE FLOOD DAMAGE IMPROVEMENTS PHASE IIA - CHANNEL FENCING, TO LOMELI & SONS LANDSCAPING CO., INC. FOR A TOTAL ESTIMATED AMOUNT OF $117,580.

DEPARTMENT: ENGINEERING DEPARTMENT

AWARD TO: LOMELI & SONS LANDSCAPING CO., INC.

BASE BID: $117,580

ACCOUNT NO.: 14200500 - 508027- 27264 - PSTM06 PW41-0

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.

IRON FORCE CONSTRUCTION, THE LOWEST BIDDER IS RECOMMENDED AS NON RESPONSIBLE. THE CITY IS ALLOWED TO USE FACTORS OTHER THAN PRICE IN DETERMINING THE LOWEST RESPONSIBLE BIDDER. IRON FORCE CONSTRUCTION IS CURRENTLY WORKING ON A CITY PROJECT (INFORMAL LESS THAN $50,000) WHERE THE QUALITY OF WORK IS UNACCEPTABLE.

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]

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.

8A. AN ORDINANCE DELETING CHAPTER 2.28 (EL PASO INTERNATIONAL AIRPORT BOARD) OF THE EL PASO CITY CODE FOR THE PURPOSE OF ABOLISHING THE EL PASO INTERNATIONAL AIRPORT BOARD AND REPEALING ORDINANCES NOS. 5610 AND 6626 WHICH HAD ESTABLISHED THE BOARD. (ALL DISTRICTS) [CITY MANAGER'S OFFICE, LEILA MELENDEZ, (915) 541-4859]

8B. AN ORDINANCE REPEALING ORDINANCE NO. 15539 FOR THE PURPOSE OF ABOLISHING THE INFORMATION TECHNOLOGY ADVISORY BOARD. (ALL DISTRICTS)

[CITY MANAGER'S OFFICE, LEILA MELENDEZ, (915) 541-4859]

8C. AN ORDINANCE TO ABOLISH THE PUBLIC UTILITY REGULATION BOARD BY REPEALING ORDINANCES NOS. 5994, 6801, 6912, 8799, AND 11497. (ALL DISTRICTS) [CITY MANAGER'S OFFICE, LEILA MELENDEZ, (915) 541-4859]

8D. AN ORDINANCE TO ABOLISH THE CITY TREE BOARD AND TO ASSIGN ADDITIONAL DUTIES TO THE BOARD OF PARKS AND RECREATION THAT ARE PERTINENT TO TREE ADVOCACY IN THE CITY OF EL PASO BY DELETING CHAPTER 2.77 (EL PASO TREE BOARD) OF THE EL PASO CITY CODE; BY AMENDING CHAPTER 2.20 (BOARD OF PARKS AND RECREATION), SECTION 2.20.050 (BOARD DUTIES) OF THE EL PASO CITY CODE TO REASSIGN THE DUTIES OF THE TREE BOARD TO THE BOARD OF PARKS AND RECREATION; AND BY AMENDING CHAPTER 9.11 (TREE CARE), SECTION 9.11.010 E (GENERAL PROVISIONS), AND CHAPTER 18 (LANDSCAPE), SECTION 18.46.050 (DEFINITIONS), OF THE EL PASO CITY CODE TO AMEND THE REFERENCES TO THE TREE ORDINANCE AND TREE BOARD AS CONTAINED HEREIN.

(ALL DISTRICTS) [CITY MANAGER'S OFFICE, LEILA MELENDEZ, (915) 541-4859]

8E. AN ORDINANCE TO ABOLISH THE EL PASO MOUNTAIN COMMITTEE AND TO ASSIGN THE DUTIES HELD BY THE COMMITTEE TO THE CITY PLAN COMMISSION BY REPEALING ORDINANCE NO. 14790 (ESTABLISHING THE EL PASO MOUNTAIN COMMITTEE) AND AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL), CHAPTER 2.08 (CITY PLAN COMMISSION), SECTION 2.08.110 (CITY PLANNING - DUTY TO KEEP INFORMED ON, STUDY AND RECOMMENDED IMPROVEMENTS), OF THE EL PASO CITY CODE.

(ALL DISTRICTS) [CITY MANAGER'S OFFICE, LEILA MELENDEZ, (915) 541-4859]

8F. AN ORDINANCE AMENDING SECTION 2.04.040 (HOLDING OVER PROHIBITED) OF THE EL PASO CITY CODE TO DELETE THE REFERENCE TO THE PUBLIC UTILITY REGULATION BOARD CONTAINED THEREIN AND TO EXEMPT THE MEMBERS OF THE PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM ADVISORY BOARD FROM THE APPLICATION OF THIS SECTION.

(ALL DISTRICTS) [CITY MANAGER'S OFFICE, LEILA MELENDEZ, (915) 541-4859]

8G. AN ORDINANCE REPEALING ORDINANCES NOS. 11598, 11902, 15748, 16971, AND 17008 FOR THE PURPOSE OF ABOLISHING THE EL PASO INTERNATIONAL BRIDGE COMMISSION. (ALL DISTRICTS) [CITY MANAGER'S OFFICE, LEILA MELENDEZ, (915) 541-4859]

8H. AN ORDINANCE AMENDING ORDINANCE NO. 8262 ESTABLISHING THE STANDING COMMITTEE ON BORDER RELATIONS IN ITS ENTIRETY TO INCLUDE ADDITIONAL DUTIES AS PREVIOUSLY HELD BY THE INTERNATIONAL BRIDGE COMMISSION AND REPEALING ORDINANCES NOS. 9504 AND 11188, WHICH HAD PREVIOUSLY AMENDED ORDINANCE NO. 8262. (ALL DISTRICTS) [CITY MANAGER'S OFFICE, LEILA MELENDEZ, (915) 541-4859]

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 22, 2009, FOR ITEMS 8A - 8H

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: INTRODUCED

AN ORDINANCE AUTHORIZING THE CITY OF EL PASO TO SELL APPROXIMATELY 0.662 ACRES OF LAND BEING A PORTION OF TRACT 8A, BLOCK 13, YSLETA GRANT, CITY OF EL PASO, EL PASO COUNTY, TEXAS, TO THE CATHOLIC DIOCESE OF EL PASO/MOST REVEREND ARMANDO X. OCHOA OR HIS SUCCESSOR IN OFFICE. (DISTRICT 7)

[EL PASO WATER UTILITIES PUBLIC SERVICE BOARD, JIM SHELTON, (915) 594-5511]

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 22, 2009, FOR ITEMS 8I

ACTION TAKEN: ADOPTED

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]

ACTION TAKEN: ADOPTED

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]

ACTION TAKEN: ADOPTED

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]

ACTION TAKEN: ADOPTED

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]

ACTION TAKEN: ADOPTED

DISCUSSION AND ACTION ON AN ORDINANCE REPEALING ORDINANCE 8397 WHICH ESTABLISHED PROCEDURES FOR ANNEXATION AND AMENDING TITLE 20 (ZONING), CHAPTER 20.06 (ZONING DISTRICTS AND MAPS), OF THE EL PASO CITY CODE TO ESTABLISH ANNEXATION PROCEDURES. (ALL DISTRICTS)

[DEVELOPMENT SERVICES, JOHN NEAL, (915) 541-4285] POSTPONED FROM 07-07-09 AND 07-21-09

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION THAT CITY COUNCIL APPROVE THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) FUNDING AWARDS FOR 2009 - 2012; THAT THE CITY MANAGER BE AUTHORIZED TO SIGN ALL CONTRACTS AND DOCUMENTS, AND AMENDMENTS TO SUCH CONTRACTS, WITH THE AGENCIES APPROVED FOR 2009 - 2012 HPRP; THAT THE CITY MANAGER BE AUTHORIZED TO SIGN ALL ENVIRONMENTAL ASSESSMENTS, REQUESTS FOR RELEASE OF FUNDS, CERTIFICATIONS AND PERFORMANCE REPORTS REQUIRED BY HUD FOR HPRP ACTIVITIES; AND THAT THE CITY MANAGER BE AUTHORIZED TO TAKE ANY ACTIONS NECESSARY TO ACCOMPLISH THE INTENT OF THE RESOLUTION UPON APPROVAL BY THE CITY ATTORNEY'S OFFICE AND DIRECTOR OF COMMUNITY AND HUMAN DEVELOPMENT DEPARTMENT. (ALL DISTRICTS)

[COMMUNITY AND HUMAN DEVELOPMENT, WILLIAM LILLY, (915) 541-4643]

ACTION TAKEN: APPROVED AS REVISED

DISCUSSION AND ACTION THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A GRANT AGREEMENT BETWEEN THE CITY OF EL PASO AND PROJECT ARRIBA ADVANCED RETRAINING AND REDEVELOPMENT INITIATIVE IN BORDER AREAS, INC. (''GRANTEE''), A 501(C)3 TAX EXEMPT, NON-PROFIT TEXAS CORPORATION FOR THE PURPOSE OF CREATING A PERMANENT AND SUSTAINABLE SOURCE OF LOCAL NURSES, TEACHERS AND INFORMATION TECHNOLOGISTS TO ADDRESS SEVERE SHORTAGES IN THE CITY OF EL PASO. AMOUNT: $200,000. FUNDING SOURCE: GENERAL FUND ACCOUNT #505200. (ALL DISTRICTS) [ECONOMIC DEVELOPMENT, KATHRYN B. DODSON, (915) 541-4872]

ACTION TAKEN: APPROVED AS REVISED

DISCUSSION AND ACTION ON A RESOLUTION THAT THE CITY OF EL PASO'S SUSTAINABILITY PLAN BE AND IS HEREBY OFFICIALLY ADOPTED. (ALL DISTRICTS)

[ENVIRONMENTAL SERVICES, MARTY HOWELL, (915) 541-4925]

ACTION TAKEN: POSTPONED ONE (1) WEEK.

DISCUSSION AND ACTION REGARDING A RESOLUTION APPOINTING THREE MEMBERS TO THE CAMINO REAL REGIONAL MOBILITY AUTHORITY BOARD. [MAYOR JOHN F. COOK, (915) 541-4145]

POSITION #2 POSITION #4 POSITION #6 (VACANT)

TANNY BERG (INCUMBENT)TONY PAYAN (INCUMBENT) SUSAN MELENDEZ

IGNACIO TRONCOSO LUIS TALAVERA ROSARIO OLGUIN

ADRIAN QUINTELA BELEN ROBLES PATRICK ABELN

NO ACTION WAS TAKEN

DISCUSSION AND ACTION CONCERNING HOURS OF OPERATION AT GARY DEL PALACIOS RECREATION CENTER AT THE REQUEST OF CITIZEN DOUGLAS BARKER.

[REPRESENTATIVE RACHEL QUINTANA, (915) 541-4701]

ACTION TAKEN: REFERRED THE ITEM TO THE ENVIRONMENTAL SERVICES LEGISLATIVE REVIEW COMMITTEE."

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

DISCUSSION REGARDING CITY POLICY GOVERNING CHARGES FOR SOLID WASTE SERVICE WHEN THE RESIDENCE IS VACANT AND SERVICE NOT BEING USED -- SPECIFICALLY, TYING DISCONNECT OF SOLID SERVICE TO DISCONNECT OF WATER SERVICE. [REPRESENTATIVE EDDIE HOLGUIN, (915) 541-4178]

NO ACTION WAS TAKEN

DISCUSSION AND ACTION ON THE APPOINTMENT OF PART-TIME ASSOCIATE MUNICIPAL COURT JUDGES:

DAVE DOLEZAL

SUSAN GODWIN

SHELDON MYERS

DARRON POWELL

JORGE RIVAS

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

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION THAT THE DECEMBER 3, 2002, LEASE AGREEMENT BETWEEN THE CITY AND THE WELLINGTON CHEW SENIOR ADVISORY COMMITTEE, INC. AND THE DECEMBER 15, 2005, ADDITIONAL LEASE ARE TERMINATED. (DISTRICT 2)

[PARKS AND RECREATION, JUDY WEISS, (915) 541-4259]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE BYRD, AND CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED TO REJECT PLAINTIFF’S SETTLEMENT DEMAND IN THE LAWSUIT STYLED CECILIA GUDINO VS. DANIEL HICKS AND CITY OF EL PASO; CAUSE NO. 2009-2862.

CECILIA GUDINO VS. DANIEL HICKS AND THE CITY OF EL PASO; CAUSE NO. 2009-2862. (551.071) [CITY ATTORNEY'S OFFICE, KARLA M. NIEMAN, (915) 541-4550]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE BYRD, AND CARRIED THAT THE OFFICE OF THE CITY ATTORNEY NOT PURSUE RECOVERY OF THE CITY’S WORKERS’ COMPENSATION SUBROGATION INTEREST REGARDING JOSE LUIS OLVERA JR.

WORKERS' COMPENSATION SUBROGATION INTEREST REGARDING JOSE LUIS OLVERA, JR. (551.071) [CITY ATTORNEY'S OFFICE, MARIA G. MARTINEZ, (915) 541-4550]

ACTION TAKEN: MOTION MADE BY REPRESENTATIVE O’ROURKE, SECONDED BY REPRESENTATIVE QUINTANA, AND UNANIMOUSLY TO POSTPONE FOR TWO WEEKS THE ITEM ON 800 S. PIEDRAS, EL PASO, TEXAS. (SECTION 551.072).

800 S. PIEDRAS, EL PASO, TEXAS. (551.072)

[MAYOR'S OFFICE, SYLVIA BORUNDA FIRTH, (915) 541-4656]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE BYRD, AND UNANIMOUSLY CARRIED THAT THE CITY MANAGER AND THE CITY ATTORNEY, OR THEIR RESPECTIVE DESIGNEE, BE AUTHORIZED TO NEGOTIATE FOR THE PURCHASE OF THE PROPERTY MUNICIPALLY KNOWN AND NUMBERED AS 241 COLFAX, EL PASO, TEXAS AND THAT THE CITY MANAGER BE AUTHORIZED TO SIGN ANY AND ALL DOCUMENTATION REQUIRED TO EFFECTUATE THE PURCHASE BY THE CITY OF EL PASO."

241 COLFAX, EL PASO, TEXAS. (551.072)

[MAYOR'S OFFICE, SYLVIA BORUNDA FIRTH, (915) 541-4656]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE BYRD, AND UNANIMOUSLY CARRIED TO POSTPONE FOR TWO WEEKS THE ITEM ON 3228 SACRAMENTO, EL PASO, TEXAS. (SECTION 551.072)

3228 SACRAMENTO, EL PASO, TEXAS. (551.072)

[MAYOR'S OFFICE, SYLVIA BORUNDA FIRTH, (915) 541-4656]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE O’ROURKE, AND CARRIED THAT THE CITY MANAGER OR HER DESIGNEE, BE AUTHORIZED TO NEGOTIATE FOR THE PURCHASE OF THE PROPERTY AROUND GRACE CHOPE PARK TO FACILITATE AN ALLEY VACATION IN THE AREA.

PROPERTY ADJACENT TO GRACE CHOPE PARK (SUNSET HEIGHTS), EL PASO, TEXAS. (551.072) [MAYOR'S OFFICE, SYLVIA BORUNDA FIRTH, (915) 541-4656]

ACTION TAKEN: 1ST MOTION -MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE BYRD, AND CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED TO NEGOTIATE A TEMPORARY INJUNCTION WITH CLEAR CHANNEL OUTDOOR, INC. AND TO SIGN ALL NECESSARY DOCUMENTS REGARDING A TEMPORARY INJUNCTION PENDING LITIGATION OF THE CASE ON ITS MERITS IN THE LAWSUIT STYLED CLEAR CHANNEL OUTDOOR, INC. VS. THE CITY OF EL PASO; CAUSE NO. 2009-3939.

CLEAR CHANNEL OUTDOOR, INC. VS. CITY OF EL PASO, CAUSE NO. 2009-3939. (551.071) [CITY ATTORNEY'S OFFICE, LAURA P. GORDON, (915) 541-4550]

ACTION TAKEN: 2ND MOTION - MOTION MADE MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE BYRD, AND CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED TO TAKE ANY AND ALL ACTION TO PROTECT THE CITY’S INTEREST AND POSITION, BOTH AFFIRMATIVE AND DEFENSIVE, INCLUDING ENGAGING IN NEGOTIATIONS FOR SETTLEMENT, SETTLEMENT AUTHORIZATION, TO NEGOTIATE SETTLEMENT AGREEMENT AND SIGN ALL DOCUMENTS TO RESOLVE THE LAWSUIT STYLED CLEAR CHANNEL OUTDOOR, INC. VS. THE CITY OF EL PASO; CAUSE NO. 2009-3939.

ACTION TAKEN: 3RD AND FINAL MOTION - MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE BYRD, AND CARRIED THAT THE CITY ATTORNEY BE AUTHORIZED TO RETAIN EXPERTS AND TO BE AUTHORIZED TO NEGOTIATE AND SIGN RETENTION AGREEMENT WITH THE EXPERTS IN THE LAWSUIT STYLED [LAWSUIT]; CAUSE NO. (CAUSE NUMBER).

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE ROBINSON, AND UNANIMOUSLY CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED TO REJECT PLAINTIFF’S SETTLEMENT OFFER IN THE LAWSUIT STYLED WILLIAM D. ABRAHAM, AS TRUSTEE FOR THE FRANKLIN GROUP, L.P. VS. THE CITY OF EL PASO, TEXAS ET. AL.; CAUSE NO. 2007-688.

WILLIAM D. ABRAHAM, AS TRUSTEE FOR THE FRANKLIN GROUP, L.P. VS. THE CITY OF EL PASO, TEXAS, ET AL.; CAUSE NO. 2007-688. (551.071)

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