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 AND SPECIAL MASS TRANSIT DEPARTMENT BOARD MEETING
Date: 12/15/2009
 
   
Item: 1.  CITY MANAGER: Presentation by the City of El Paso and the El Paso Community Foundation on an overview and closeout of the Plaza Theatre & Performing Arts Centre Project, and its ancillary facilities; and special recognition of the El Paso Community Foundation as a full partner in the Project"
   
 

ACTION TAKEN: APPROVED

PRESENTATION BY THE CITY OF EL PASO AND THE EL PASO COMMUNITY FOUNDATION ON AN OVERVIEW AND CLOSEOUT OF THE PLAZA THEATRE & PERFORMING ARTS CENTRE PROJECT, AND ITS ANCILLARY FACILITIES; AND SPECIAL RECOGNITION OF THE EL PASO COMMUNITY FOUNDATION AS A FULL PARTNER IN THE PROJECT, AND

DISCUSSION AND ACTION ON:

A. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE PLAZA THEATRE CLOSEOUT AGREEMENT, BY AND BETWEEN THE CITY OF EL PASO AND THE EL PASO COMMUNITY FOUNDATION, EVIDENCING THE PARTIES' ACCEPTANCE OF THE FINAL COMPLETION OF THE RENOVATION WORK AND CONTINUING OBLIGATIONS REGARDING THE PLAZA THEATRE PERFORMING ARTS CENTRE AND OTHER DONATIONS MADE IN CONNECTION THEREWITH; AND APPROVING THE CUMULATIVE CHANGE ORDERS FOR THE PROJECT, AS SET FORTH IN THE AGREEMENT.

B. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE GIFT AGREEMENT AND RELATED BILL OF TRANSFER, BY AND BETWEEN THE CITY OF EL PASO AND THE EL PASO COMMUNITY FOUNDATION, REGARDING THE FOUNDATION'S DONATION OF THE ORIGINAL RESTORED TELE-CHEC MACHINE IN THE PLAZA THEATRE & PERFORMING ARTS CENTRE; AND ACCEPTING THE DONATION TO BE EFFECTIVE AS OF THE ORIGINAL DONATION DATE.

C. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE DISPLAY AGREEMENT, BY AND AMONG THE CITY OF EL PASO, THE EL PASO COMMUNITY FOUNDATION, AND JOHN VERLANDER, REGARDING THE PUBLIC DISPLAY OF A PIECE OF ART ENTITLED ''EL TORERO'' BY THE ARTIST MANUEL ACOSTA ADAME IN THE PLAZA THEATRE & PERFORMING ARTS CENTRE.

D. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN EASEMENT AGREEMENT, BY AND BETWEEN THE CITY OF EL PASO AND PLEXXAR CENTRE, LTD., GRANTING THE CITY A PERPETUAL EASEMENT WITHIN A PORTION OF BLOCK 17, HERALD SUBDIVISION OF MILLS MAP, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FOR EMERGENCY EGRESS FROM THE PLAZA THEATRE & PERFORMING ARTS CENTRE.

(ALL DISTRICTS) [DEVELOPMENT & INFRASTRUCTURE, PATRICIA D. ADAUTO, (915) 541-4853]

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
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.

"2. APPROVAL OF MINUTES: REGULAR CITY COUNCIL MEETING OF DECEMBER 8, 2009.

ACTION TAKEN: APPROVED

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

"3. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

ACTION TAKEN: EXCUSED

REPRESENTATIVE RACHEL QUINTANA

"4A. RESOLUTION: THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A LESSOR'S APPROVAL OF ASSIGNMENT BY AND BETWEEN THE CITY OF EL PASO (''LESSOR''), MILES EL PASO INVESTMENTS, LTD (''ASSIGNOR''), AND NICAR PROPERTIES, LLC (''ASSIGNEE'') 10 ZANE GREY STREET

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A LESSOR'S APPROVAL OF ASSIGNMENT BY AND BETWEEN THE CITY OF EL PASO (''LESSOR''), MILES EL PASO INVESTMENTS, LTD (''ASSIGNOR''), AND NICAR PROPERTIES, LLC (''ASSIGNEE'') FOR THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF LOTS 3 AND 4, BLOCK 8, BUTTERFIELD TRAIL INDUSTRIAL PARK, UNIT ONE, REPLAT ''A'', AN ADDITION TO THE CITY OF EL PASO, EL PASO COUNTY, TEXAS, MUNICIPALLY KNOWN AS 10 ZANE GREY STREET, EL PASO, TEXAS. (ALL DISTRICTS)

[AIRPORT, MONICA LOMBRANA, (915) 780-4724]

"4B. RESOLUTION: THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A FOREIGN-TRADE ZONE USER/DISTRIBUTION SITE OPERATOR AGREEMENT AMONG THE CITY OF EL PASO, PROLOGIS, AND ROBERT BOSCH LLC TO ALLOW ROBERT BOSCH LLC TO OPERATE AS A USER/DISTRIBUTION SITE OPERATOR WITHIN THE FOREIGN TRADE ZONE NO. 68.

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A FOREIGN-TRADE ZONE USER/DISTRIBUTION SITE OPERATOR AGREEMENT AMONG THE CITY OF EL PASO, PROLOGIS, AND ROBERT BOSCH LLC TO ALLOW ROBERT BOSCH LLC TO OPERATE AS A USER/DISTRIBUTION SITE OPERATOR WITHIN THE FOREIGN TRADE ZONE NO. 68.

(DISTRICTS 2, 3, 4, 6, AND 7) [AIRPORT, MONICA LOMBRANA, (915) 780-4724]

"4C. RESOLUTION: THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A CONSENT TO ASSIGNMENT FROM NLIGP, LLC TO EL PASO PLACE APARTMENTS, LLC, WITH RESPECT TO THE CITY OF EL PASO'S CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (MULTIFAMILY HOUSING DEVELOPMENT).

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A CONSENT TO ASSIGNMENT FROM NLIGP, LLC TO EL PASO PLACE APARTMENTS, LLC, WITH RESPECT TO THE CITY OF EL PASO'S CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (MULTIFAMILY HOUSING DEVELOPMENT). (DISTRICT 4)

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

"5A. BOARD APPOINTMENT: LAMAR SKARDA AS AN ALTERNATE MEMBER TO THE ZONING BOARD OF ADJUSTMENT

ACTION TAKEN: APPOINTED

LAMAR SKARDA AS AN ALTERNATE MEMBER TO THE ZONING BOARD OF ADJUSTMENT BY REPRESENTATIVE ANN MORGAN LILLY, DISTRICT 1.

[REPRESENTATIVE ANN MORGAN LILLY, (915) 541-4151]

"5B. BOARD APPOINTMENT: DAVID E. SAUCEDO II TO THE HISTORY MUSEUM ADVISORY BOARD

ACTION TAKEN: APPOINTED *

DAVID E. SAUCEDO II TO THE HISTORY MUSEUM ADVISORY BOARD BY REPRESENTATIVE SUSIE BYRD, DISTRICT 2. [REPRESENTATIVE SUSIE BYRD, (915) 541-4416]

"6. DISCRETIONARY FUNDS: REQUEST AUTHORIZATION TO ALLOCATE THE USE OF DISTRICT 1 DISCRETIONARY FUNDS IN THE AMOUNT OF $10,000 TO FUND THE PRESERVATION OF THE 1889 CITY OF EL PASO HAND-DRAWN MAP.

ACTION TAKEN: AUTHORIZED

REQUEST AUTHORIZATION TO ALLOCATE THE USE OF DISTRICT 1 DISCRETIONARY FUNDS IN THE AMOUNT OF $10,000 TO FUND THE PRESERVATION OF THE 1889 CITY OF EL PASO HAND-DRAWN MAP. (DEPARTMENT ID #01153001; ACCOUNT #504420; FUND #01101; PROJECT PD10422) [REPRESENTATIVE ANN MORGAN LILLY, (915) 541-4151]

"7A. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: TO VISUAL INNOVATIONS COMPANY, INC. UNDER THE STATE'S TXMAS CONTRACT NO. 4-581010 FOR AUDIO/VIDEO SYSTEM EQUIPMENT AND TO UPGRADE THE EXISTING SOFTWARE TOOLS AT THE EL PASO FIRE DEPARTMENT EMERGENCY OPERATIONS CENTER

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER(S) TO VISUAL INNOVATIONS COMPANY, INC. UNDER THE STATE'S TXMAS CONTRACT NO. 4-581010 FOR AUDIO/VIDEO SYSTEM EQUIPMENT AND TO UPGRADE THE EXISTING SOFTWARE TOOLS AT THE EL PASO FIRE DEPARTMENT EMERGENCY OPERATIONS CENTER FOR THE TOTAL ESTIMATED AMOUNT OF $391,230.90. THE PARTICIPATION BY THE CITY OF EL PASO IN THE TPASS COOPERATIVE PURCHASING PROGRAM WAS APPROVED BY MAYOR AND CITY COUNCIL ON FEBRUARY 27, 2007.

DEPARTMENT: FIRE

ACCOUNT NO.: 22150024 - 508035 - 07185 - G220807

FUNDING SOURCE: UASI - ENHANCE EMERGENCY OPERATION CENTER

TOTAL ESTIMATED AMOUNT: $391,230.90

REFERENCE NO.: 2010-090

DISTRICTS: ALL

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

[FIRE DEPARTMENT/OFFICE OF EMERGENCY MANAGEMENT, RALPH JOHNSON, (915) 838-3263]

"7B. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: TO ADVANCED PUBLIC SAFETY, INC. UNDER THE DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACT NO. DIR-SDD-1045 FOR ONE HUNDRED ELECTRONIC TICKETING HANDHELD DEVICES TO ISSUE TRAFFIC TICKETS FOR THE EL PASO POLICE DEPARTMENT

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER(S) TO ADVANCED PUBLIC SAFETY, INC. UNDER THE DEPARTMENT OF INFORMATION RESOURCES (DIR) CONTRACT NO. DIR-SDD-1045 FOR ONE HUNDRED ELECTRONIC TICKETING HANDHELD DEVICES TO ISSUE TRAFFIC TICKETS FOR THE EL PASO POLICE DEPARTMENT FOR A TOTAL ESTIMATED AMOUNT OF $242,352.83. THE PARTICIPATION BY THE CITY OF EL PASO IN THE DEPARTMENT OF INFORMATION RESOURCES (DIR) WAS APPROVED BY MAYOR AND CITY COUNCIL ON FEBRUARY 27, 2007.

DEPARTMENT: POLICE

ACCOUNT NO.: 21150010 - 508010 - 05443 - G210915

FUNDING SOURCE: COMMUNITY ORIENTED POLICING SERVICES (COPS) TECHNOLOGY FY09

TOTAL EST. AMOUNT: $242,352.83

REFERENCE NO.: 2010-106

DISTRICTS: ALL

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

[POLICE DEPARTMENT, GREGORY ALLEN, (915) 564-7302]

"7C. PURCHASING REQUESTS TO ISSUE PURCHASE ORDER: TO MORPHOTRAK, THE SOLE SOURCE PROVIDER FOR METAMORPHO AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS) AND SOFTWARE COMPONENTS, TO UPGRADE POLICE HEADQUARTERS' AFIS SYSTEM TO INCREASE STORAGE CAPACITY AND IMPORTING OF RECORDS

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO ISSUE A PURCHASE ORDER TO MORPHOTRAK, THE SOLE SOURCE PROVIDER FOR METAMORPHO AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS) AND SOFTWARE COMPONENTS, TO UPGRADE POLICE HEADQUARTERS' AFIS SYSTEM TO INCREASE STORAGE CAPACITY AND IMPORTING OF RECORDS FOR A TOTAL AMOUNT OF $53,950.

DEPARTMENT: POLICE

ACCOUNT NO.: 21150010 - 508010 - 05443 - G210915

FUNDING SOURCE: COMMUNITY ORIENTED POLICING SERVICES (COPS) TECHNOLOGY FY09

TOTAL AMOUNT: $53,950

SOLE SOURCE NO.: 2010-108

DISTRICTS: ALL

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

[POLICE DEPARTMENT, GREGORY ALLEN, (915) 564-7302]

"8. BEST VALUE PROCUREMENT: THE AWARD OF SOLICITATION NO. 2010-004 (JANITORIAL SERVICES - VETERAN'S (NORTHEAST) RECREATION CENTER) TO CAREFREE JANITORIAL SERVICES

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2010-004 (JANITORIAL SERVICES - VETERAN'S (NORTHEAST) RECREATION CENTER) TO CAREFREE JANITORIAL SERVICES FOR A TOTAL ESTIMATED AWARD OF $82,037.22.

DEPARTMENT: PARKS AND RECREATION DEPARTMENT

AWARD TO: CAREFREE JANITORIAL SERVICES

EL PASO, TEXAS

ITEMS: 1 AND 2

OPTION: TWO YEARS

ANNUAL ESTIMATED AMOUNT: $27,345.74

ACCOUNT NO.: 51010363-01101-502206

FUNDING SOURCE: PARK'S GENERAL FUND - MAINTENANCE SERVICES CONTRACTS

TOTAL ESTIMATED AWARD: $82,037.22 (3-YEAR TOTAL)

DISTRICT: 4

THIS IS A THIRTY-SIX MONTH REQUIREMENTS TYPE CONTRACT

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]

[PARKS AND RECREATION, LEONOR WILSON, (915) 541-4335]

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: 9A.  - 9I. 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.

9A. AN ORDINANCE VACATING A PORTION OF POPLAR STREET RIGHT-OF-WAY, CITY OF EL PASO, EL PASO COUNTY, TEXAS. (DISTRICT 8)

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

9B. AN ORDINANCE AMENDING TITLE 19 (SUBDIVISIONS), CHAPTER 19.15 (ROADWAYS), SECTION 19.15.060 (STREET STANDARDS), SECTION 19.15.090 (CUL-DE-SAC STREETS), AND SECTION 19.15.110 (STREET WIDTH AND DESIGN), OF THE EL PASO CITY CODE TO ALLOW FOR ALTERNATIVE ROAD DESIGN. THE PENALTY AS PROVIDED IN CHAPTER 19.42 OF THE CITY OF EL PASO CITY CODE. (ALL DISTRICTS) [DEVELOPMENT SERVICES/PLANNING, EDDIE GARCIA, (915) 541-4638]

9C. AN ORDINANCE AMENDING THE FINAL PROJECT PLAN AND FINAL REINVESTMENT ZONE FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER FIVE, CITY OF EL PASO; 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]

9D. 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 AMENDING NUMBER 34, ''SCHUSTER AVENUE BETWEEN OREGON STREET AND CAMPBELL STREET, BOTH SIDES'', TO ''SCHUSTER AVENUE BETWEEN OREGON STREET TO ITS TERMINUS AT THE WEST END, BOTH SIDES'' AND TO DELETE NUMBER 88, ''SCHUSTER AVENUE FROM SUN BOWL ROAD TO HAWTHORNE STREET, BOTH SIDES''; 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]

9E. AN ORDINANCE GRANTING A FRANCHISE TO LIFE AMBULANCE SERVICE, INC. TO OPERATE A NON-EMERGENCY AMBULANCE TRANSFER SERVICE. (ALL DISTRICTS) [FIRE DEPARTMENT, MICHAEL CALDERAZZO, (915) 771-1000]

9F. AN ORDINANCE GRANTING A FRANCHISE TO ELITE MEDICAL TRANSPORT TO OPERATE A NON-EMERGENCY AMBULANCE TRANSFER SERVICE. (ALL DISTRICTS)

[FIRE DEPARTMENT, MICHAEL CALDERAZZO, (915) 771-1000]

PUBLIC HEARING WILL BE HELD ON DECEMBER 22, 2009, FOR ITEMS 9A - 9F

9G. AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.14 (OFF-STREET PARKING, LOADING AND STORAGE STANDARDS), ARTICLE I (VEHICULAR PARKING), SECTION 20.14.070 (PARKING REDUCTIONS), TO ALLOW ADMINISTRATIVE APPROVAL OF UP TO A TEN PERCENT PARKING REDUCTION. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. (ALL DISTRICTS) [DEVELOPMENT SERVICES/PLANNING, ALFREDO LOPEZ, (915) 541-4322]

9H. AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.14 (OFF-STREET PARKING, LOADING AND STORAGE STANDARDS), SECTION 20.14.050 (REQUIRED PARKING), TO ADD PROVISIONS FOR IMPROVEMENT DISTRICT NO. 3. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. (DISTRICT 8)

[DEVELOPMENT SERVICES/PLANNING, ALFREDO LOPEZ, (915) 541-4322]

9I. AN ORDINANCE CHANGING THE ZONING OF A PORTION OF SECTION 30, BLOCK 80, TOWNSHIP 1, TEXAS AND PACIFIC RAILWAY COMPANY SURVEYS, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM R-F (RANCH AND FARM) TO C-3 (COMMERCIAL) AND IMPOSING CONDITIONS. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: SOUTHEAST CORNER OF US HIGHWAY 54 AND MCCOMBS STREET. PROPERTY OWNER: E P PLAZA PARTNERS, L.P. ZON09-00028 (DISTRICT 4) [DEVELOPMENT SERVICES/PLANNING, ALFREDO LOPEZ, (915) 541-4322]

PUBLIC HEARING WILL BE HELD ON JANUARY 5, 2010, FOR ITEMS 9G - 9I

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

   
Item: 10A.  DEVELOPMENT SERVICES: An Ordinance changing the zoning of a portion of Lot 27, Block 123, Chaparral Park Unit 33, City of El Paso, El Paso County, Texas, from A-O/C (Apartment-Office/Conditions) to C-1/C (Commercial/Conditions). 820 Redd Road. ZON09-00056 "
   
 

ACTION TAKEN: ADOPTED AS REVISED.

AN ORDINANCE CHANGING THE ZONING OF A PORTION OF LOT 27, BLOCK 123, CHAPARRAL PARK UNIT 33, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FROM A-O/C (APARTMENT-OFFICE/CONDITIONS) TO C-1/C (COMMERCIAL/CONDITIONS). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 820 REDD ROAD. PROPERTY OWNER: GARY PORRAS. ZON09-00056 (DISTRICT 1) THIS IS AN APPEAL CASE. [DEVELOPMENT SERVICES/PLANNING, ALFREDO LOPEZ, (915) 541-4322] POSTPONED FROM 12-08-09

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: 10B.  DEVELOPMENT SERVICES: An Ordinance amending Title 19 (Subdivisions), Chapter 19.01 (Provisions Applicable to all Platting Procedures)"
   
 

ACTION TAKEN: ADOPTED AS REVISED

AN ORDINANCE AMENDING TITLE 19 (SUBDIVISIONS), CHAPTER 19.01 (PROVISIONS APPLICABLE TO ALL PLATTING PROCEDURES); CHAPTER 19.02 (LAND STUDIES), CHAPTER 19.03 (PRELIMINARY PLATS), CHAPTER 19.04 (FINAL PLATS), CHAPTER 19.06 (MINOR PLATS), CHAPTER 19.07 (REVISIONS TO RECORDED PLATS); CHAPTER 19.11 (EXTRA TERRITORIAL JURISDICTION (ETJ) STANDARDS), CHAPTER 19.15 (ROADWAYS); CHAPTER 19.18 (TRAFFIC IMPACT ANALYSIS), CHAPTER 19.20 (PARKS AND OPEN SPACE); CHAPTER 19.23 (EASEMENTS, BLOCK AND LOT DESIGN IMPROVEMENT STANDARDS), CHAPTER 19.50 (DEFINITIONS) OF THE EL PASO CITY CODE TO ADD EXCEPTIONS TO PLATTING AND ALLOW FOR ADMINISTRATIVE APPROVALS OF MINOR REVISIONS TO LAND STUDIES; TO AMEND PROVISIONS FOR PRELIMINARY PLATS, MINOR PLATS AND RECORDATION; TO AMEND THE EFFECT OF FINAL PLAT APPROVAL; TO AMEND STREET IMPROVEMENT DESIGN AND ROADWAY PROVISIONS; TO REVISE PROVISIONS FOR AMENDING PLATS; TO AMEND DEDICATIONS TO THE CITY AND VACATION PROCEDURES; TO AMEND REQUIREMENTS IN THE EXTENDED TERRITORIAL JURISDICTION (ETJ); AND TO ADD A DEFINITION FOR PUBLIC FACILITY. THE PENALTY IS AS PROVIDED FOR IN SECTION 19.42 OF THE EL PASO CITY CODE. (ALL DISTRICTS)

[DEVELOPMENT SERVICES/PLANNING, EDDIE GARCIA, (915) 541-4638] POSTPONED FROM 12-08-09

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: 11.  FINANCIAL SERVICES: An Ordinance amending Ordinance No. 017216 which authorized the City Manager to execute a lease agreement between the City of El Paso and River Oaks Properties, Ltd., and other related documents, to allow the surface use of a portion of Tract 1P1, H. G. Foster Survey No. 256, City of El Paso, El Paso County, Texas, for the purpose of correcting a clerical error in the legal d  (Regular City Council Agenda)
   
 

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING ORDINANCE NO. 017216 WHICH AUTHORIZED THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF EL PASO AND RIVER OAKS PROPERTIES, LTD., AND OTHER RELATED DOCUMENTS, TO ALLOW THE SURFACE USE OF A PORTION OF TRACT 1P1, H. G. FOSTER SURVEY NO. 256, CITY OF EL PASO, EL PASO COUNTY, TEXAS, FOR THE PURPOSE OF CORRECTING A CLERICAL ERROR IN THE LEGAL DESCRIPTION OF THE PREMISES. (DISTRICT 1)

[FINANCIAL SERVICES, LIZA RAMIREZ-TOBIAS, (915) 541-4074}

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: 12A.  BUDGET TRANSFER: BT2010-0439 Police Department Discussion and action to approve a budget transfer to increase State Confiscated Award to fund the FY2010 Confiscated Fund budget"
   
 

ACTION TAKEN: APPROVED

BT2010-0439 POLICE DEPARTMENT

DISCUSSION AND ACTION TO APPROVE A BUDGET TRANSFER TO INCREASE STATE CONFISCATED AWARD TO FUND THE FY2010 CONFISCATED FUND BUDGET ($572,205) AND REALLOCATE PRIOR YEAR APPROPRIATIONS.

INCREASE $ 41,446.51 TO PERSONAL SERVICES

INCREASE $316,461.61 TO CONTRACTUAL SERVICES

INCREASE $ 78,433.44 TO MATERIALS AND SUPPLIES

INCREASE $ 50,000.00 TO OPERATING EXPENDITURES

INCREASE $ 85,863.44 TO CAPITAL EXPENDITURES

$572,205.00

[POLICE DEPARTMENT, ERIC SHELTON, (915) 564-7357]

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: 12B.  BUDGET TRANSFER: BT2010-0440 Police Department Discussion and action to approve a budget transfer to increase Federal Confiscated Award to fund the FY2010 Confiscated Fund budget "
   
 

ACTION TAKEN: APPROVED

BT2010-0440 POLICE DEPARTMENT

DISCUSSION AND ACTION TO APPROVE A BUDGET TRANSFER TO INCREASE FEDERAL CONFISCATED AWARD TO FUND THE FY2010 CONFISCATED FUND BUDGET ($831,069) AND REALLOCATE PRIOR YEAR APPROPRIATIONS.

DECREASE $196,140.33 TO PERSONAL SERVICES

INCREASE $201,291.10 TO CONTRACTUAL SERVICES

INCREASE $ 35,624.12 TO MATERIALS AND SUPPLIES

DECREASE $198,859.63 TO OPERATING EXPENDITURES

INCREASE $ 50,000.00 TO INTERGOVERNMENTAL

$831,069.00

[POLICE DEPARTMENT, ERIC SHELTON, (915) 564-7357]

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: 13.  COMMUNITY AND HUMAN DEVELOPMENT: Discussion and action on a Resolution authorizing the City Manager to execute Contract Number 16090000704 between the Texas Department of Housing and Community Affairs and the City of El Paso in the amount of $4,007,592 for American Recovery and Reinvestment Act (ARRA) Weatherization Assistance Program funds. "
   
 

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT NUMBER 16090000704 BETWEEN THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AND THE CITY OF EL PASO IN THE AMOUNT OF $4,007,592 FOR AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) WEATHERIZATION ASSISTANCE PROGRAM FUNDS. (ALL DISTRICTS)

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

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: EX1.  Application of El Paso Electric Company to change rates, to reconcile fuel costs, to establish formula-based fuel factors, and to establish an energy efficiency cost recovery factor before the Public Utility Commission of Texas, Docket No. 37690. "
   
 

ACTION TAKEN: MOTION MADE BY REPRESENTATIVE BYRD, SECONDED BY REPRESENTATIVE ORTEGA, AND UNANIMOUSLY CARRIED TO GRANT THE AUTHORITY TO THE CITY ATTORNEY TO FILE A MOTION IN INTERVENTION ON BEHALF OF THE CITY FOR THE APPLICATION OF EL PASO ELECTRIC COMPANY TO CHANGE RATES, TO RECONCILE FUEL COSTS, TO ESTABLISH FORMULA-BASED FUEL FACTORS AND TO ESTABLISH AN ENERGY EFFICIENCY COST RECOVERY FACTOR BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET NO. 37690 AND FURTHER TO AUTHORIZE THE CITY ATTORNEY TO ENGAGE OUTSIDE COUNSEL/CONSULTANTS TO REPRESENT THE CITY AND EVALUATE THE FILING.

APPLICATION OF EL PASO ELECTRIC COMPANY TO CHANGE RATES, TO RECONCILE FUEL COSTS, TO ESTABLISH FORMULA-BASED FUEL FACTORS, AND TO ESTABLISH AN ENERGY EFFICIENCY COST RECOVERY FACTOR BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET NO. 37690. (551.071)

[CITY ATTORNEY'S OFFICE, BERTHA A. ONTIVEROS, (915) 541-4550]

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: EX2.  Texas Gas Service Statement of Intent to increase rates within El Paso service area. (551.071) "
   
 

ACTION TAKEN: MOTION MADE BY REPRESENTATIVE BYRD, SECONDED BY REPRESENTATIVE ROBINSON, AND UNANIMOUSLY CARRIED TO GRANT THE AUTHORITY THE CITY ATTORNEY TO ENGAGE OUTSIDE COUNSEL/CONSULTANTS TO REPRESENT THE CITY AND EVALUATE THE FILING OF TEXAS GAS SERVICE STATEMENT OF INTENT TO CHANGE RATES.

TEXAS GAS SERVICE STATEMENT OF INTENT TO INCREASE RATES WITHIN EL PASO SERVICE AREA. (551.071) [CITY ATTORNEY'S OFFICE, BERTHA A. ONTIVEROS, (915) 541-4550]

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: EX3.  Debra Powers, et al. vs. City of El Paso, et al.; Cause No. EP-09-CV-0236-DB. (551.071) "
   
 

ACTION TAKEN: MOTION MADE BY REPRESENTATIVE BYRD, SECONDED BY REPRESENTATIVE ORTEGA, AND UNANIMOUSLY CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED TO REJECT PLAINTIFFS’ SETTLEMENT DEMAND IN THE LAWSUIT STYLED DEBRA POWERS, ET AL. VS. THE CITY OF EL PASO, TEXAS ET AL.; CAUSE NO. EP-09-CV-0236-DB.

DEBRA POWERS, ET AL. VS. CITY OF EL PASO, ET AL.; CAUSE NO. EP-09-CV-0236-DB. (551.071) [CITY ATTORNEY'S OFFICE, KARLA M. NIEMAN, (915) 541-4550]

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: EX4.  Carlos Chacon vs. City of El Paso and Emilio Martinez, Jr.; Cause No.: EP-09-CV-0381. (551.071) "
   
 

ACTION TAKEN: MOTION MADE BY REPRESENTATIVE BYRD, SECONDED BY REPRESENTATIVE ROBINSON, AND UNANIMOUSLY CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED SETTLEMENT AUTHORITY, TO NEGOTIATE SETTLEMENT AGREEMENT AND SIGN ALL DOCUMENTS TO RESOLVE THE LAWSUIT STYLED CARLOS CHACON VS. CITY OF EL PASO AND EMILIO MARTINEZ, JR.; CAUSE NO. EP-09-CV-0381.

CARLOS CHACON VS. CITY OF EL PASO AND EMILIO MARTINEZ, JR.; CAUSE NO.: EP-09-CV-0381. (551.071) [CITY ATTORNEY'S OFFICE, KARLA M. NIEMAN, (915) 541-4550]

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: SPECIAL MASS TRANSIT BOARD MEETING  (Regular City Council Agenda)
   
 

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 DECEMBER 1, 2009.

ACTION TAKEN: APPROVED

APPROVAL OF MINUTES FOR THE MASS TRANSIT DEPARTMENT BOARD MEETING OF DECEMBER 1, 2009. [DIRECTOR, JAY BANASIAK (915) 533-1220] (ACTION 09 -132)

"MTB2. REQUEST TO EXCUSE ABSENT MASS TRANSIT DEPARTMENT BOARD MEMBERS (ACTION 09-133)

NO ACTION WAS TAKEN

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: MTB3.  OTHER BUSINESS: Discussion and action on a presentation by Jacobs Engineering on the status report and strategic plan for completing the Alternatives Analysis for Rapid Transit Corridors."
   
 

ACTION TAKEN: 1ST MOTION - SUPPORT MOVING FORWARD WITH THE PUBLIC HEARINGS FOR THE DOWNTOWN BUS RAPID TRANSIT (BRT) CORE WITH THE TRANSPORTATION SYSTEM MANAGEMENT (TSM) EXTENSIONS AND THE FULL-DEDICATED LANES IN THE EXISTING RIGHT-OF-WAY, MAKING SURE THERE IS ADEQUATE ANALYSIS ABOUT BENEFITS FOR RIDERS; AND TO INSURE THERE IS ECONOMIC DEVELOPMENT ANALYSIS ON ALL THE CORRIDOR ALTERNATIVES AND FOR IT TO BE WITHIN THE SMALL START CRITERIA AND THAT THE PRE-PAY BOARDING SYSTEM BE REVIEWED.

DISCUSSION AND ACTION ON A PRESENTATION BY JACOBS ENGINEERING ON THE STATUS REPORT AND STRATEGIC PLAN FOR COMPLETING THE ALTERNATIVES ANALYSIS FOR RAPID TRANSIT CORRIDORS. [CONTACT PERSON: JAY BANASIAK, SUN METRO DIRECTOR, 534-5810] (ACTION 09-134)

   
Votes:

DISTRICT

OFFICIAL

VOTE

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

   
Item: MTB3.  OTHER BUSINESS: Discussion and action on a presentation by Jacobs Engineering on the status report and strategic plan for completing the Alternatives Analysis for Rapid Transit Corridors."
   
 

ACTION TAKEN: 2ND AND FINAL MOTION - TO PRIORITIZE ALAMEDA AS A LOCALLY FUNDED PROJECT; TO INITIATE DISCUSSION WITH THE STATE TO EXPLORE THE OPPORTUNITIES TO KEEP ANY FUNDING THAT IS ALREADY ALLOCATED FOR ALAMEDA.

DISCUSSION AND ACTION ON A PRESENTATION BY JACOBS ENGINEERING ON THE STATUS REPORT AND STRATEGIC PLAN FOR COMPLETING THE ALTERNATIVES ANALYSIS FOR RAPID TRANSIT CORRIDORS. [CONTACT PERSON: JAY BANASIAK, SUN METRO DIRECTOR, 534-5810] (ACTION 09-134)

   
Votes:

DISTRICT

OFFICIAL

VOTE

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


 
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