CITY OF EL PASO OPERATIONAL HOURS:
Mon-Thurs, 7:00 a.m. to 6:00 p.m. - Closed Fridays

VOTING AGENDA

NO ACTION WAS TAKEN

PRESENTATION BY THE EL PASO YOUTH COUNCIL (EPYC), ESTABLISHED TO ADVISE THE MAYOR AND CITY COUNCIL, REGARDING THEIR ACTIVITIES FOR THE YEAR AS WELL AS THEIR COMMUNITY SERVICE PROJECTS. (ALL DISTRICTS) [LIBRARY, CAROL BREY-CASIANO, (915) 543-5406]

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 MAY 18, 2010.

APPROVED

APPROVAL OF MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF MAY 18, 2010. [MUNICIPAL CLERK, RICHARDA DUFFY MOMSEN, (915) 541-4127]

"3. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

EXCUSED

MAYOR JOHN F. COOK

"4. RESOLUTION: THAT THE CITY MANAGER IS AUTHORIZED TO SIGN THE LICENSE FOR FIBER OPTIC LINE WITH THE BNSF RAILWAY COMPANY FOR THE INSTALLATION OF FIBER OPTIC LINES ACROSS RAILWAY COMPANY RIGHT-OF-WAY BETWEEN MILE POSTS 1147.90 TO 1149.40 WHICH IS AN AREA PARALLEL TO DONIPHAN BETWEEN DONIPHAN PARK AND SUNSET ROAD, EL PASO, TEXAS.

ACTION TAKEN: APPROVED

THAT THE CITY MANAGER IS AUTHORIZED TO SIGN THE LICENSE FOR FIBER OPTIC LINE WITH THE BNSF RAILWAY COMPANY FOR THE INSTALLATION OF FIBER OPTIC LINES ACROSS RAILWAY COMPANY RIGHT-OF-WAY BETWEEN MILE POSTS 1147.90 TO 1149.40 WHICH IS AN AREA PARALLEL TO DONIPHAN BETWEEN DONIPHAN PARK AND SUNSET ROAD, EL PASO, TEXAS. THE ONE TIME LICENSE FEE COST TO THE CITY IS $2,500. (DISTRICT 8) ENGINEERING, R. ALAN SHUBERT, (915) 541-4423]

"5A. REQUESTS TO ISSUE PURCHASE ORDER: TO EXTEND CURRENT CONTRACT 2007-122 (WASTE REMOVAL AND DISPOSAL SERVICES) WITH ENVIROSOLVE, INC. FOR TWO ADDITIONAL YEARS PURSUANT TO THE PROVISIONS OF AN AWARD APPROVED BY THE CITY COUNCIL ON MAY 22, 2007. EXTENDED CONTRACT PERIOD WILL BE FROM JUNE 5, 2010 TO JUNE 4, 2012.

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO EXERCISE THE CITY'S OPTION TO EXTEND CURRENT CONTRACT 2007-122 (WASTE REMOVAL AND DISPOSAL SERVICES) WITH ENVIROSOLVE, INC. FOR TWO ADDITIONAL YEARS PURSUANT TO THE PROVISIONS OF AN AWARD APPROVED BY THE CITY COUNCIL ON MAY 22, 2007. EXTENDED CONTRACT PERIOD WILL BE FROM JUNE 5, 2010 TO JUNE 4, 2012.

DEPARTMENT: ENVIRONMENTAL SERVICES

FUNDING SOURCE: ENVIRONMENTAL SERVICES - ENVIRONMENTAL CONTRACTS

OPTION: ONE [OF ONE]

TOTAL ESTIMATED AMOUNT: $100,000 (TOTAL FOR 2 YEAR EXTENSION)

DISTRICTS: ALL

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

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

"5B. REQUESTS TO ISSUE PURCHASE ORDER: TO I2, INC., THE SOLE SOURCE PROVIDER FOR SOFTWARE AND CONSULTING SERVICES FOR DESIGNING AND IMPORTING AND IMPLEMENTING EXISTING DATABASES INTO A CENTRALIZED INFORMATION SYSTEM FOR USE BY THE POLICE DEPARTMENT.

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION BE AUTHORIZED TO ISSUE PURCHASE ORDER TO I2, INC., THE SOLE SOURCE PROVIDER FOR SOFTWARE AND CONSULTING SERVICES FOR DESIGNING AND IMPORTING AND IMPLEMENTING EXISTING DATABASES INTO A CENTRALIZED INFORMATION SYSTEM FOR USE BY THE POLICE DEPARTMENT.

ADDITIONALLY, IT IS REQUESTED THAT THE CITY ATTORNEY'S OFFICE REVIEW AND THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE ANY RELATED CONTRACT DOCUMENTS AND AGREEMENTS NECESSARY TO EFFECTUATE THIS AWARD.

DEPARTMENT: POLICE

FUNDING SOURCE: UASI FUNDS FY2008 GRANTS

TOTAL ESTIMATED AWARD: $226,426

SOLE SOURCE NO.: 2010-225

DISTRICTS: ALL

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

[POLICE DEPARTMENT, ZINA SILVA, (915) 564-7101]

"5C. REQUESTS TO ISSUE PURCHASE ORDER: TO I2, INC., A GSA CONTRACTOR UNDER THE COOPERATIVE PURCHASING PROGRAM GSA CONTRACT, SCHEDULE 70, GS-35F-0241J FOR I2 ANALYSIS SUITE 7 PRODUCT LICENSES, MAINTENANCE AND SUPPORT FOR INVESTIGATIVE ANALYSIS SOFTWARE FOR USE BY THE POLICE DEPARTMENT.

ACTION TAKEN: AUTHORIZED

REQUEST THAT THE PURCHASING MANAGER FOR FINANCIAL SERVICES, PURCHASING DIVISION BE AUTHORIZED TO ISSUE PURCHASE ORDER TO I2, INC., A GSA CONTRACTOR UNDER THE COOPERATIVE PURCHASING PROGRAM GSA CONTRACT, SCHEDULE 70, GS-35F-0241J FOR I2 ANALYSIS SUITE 7 PRODUCT LICENSES, MAINTENANCE AND SUPPORT FOR INVESTIGATIVE ANALYSIS SOFTWARE FOR USE BY THE POLICE DEPARTMENT.

ADDITIONALLY, IT IS REQUESTED THAT THE CITY ATTORNEY'S OFFICE REVIEW AND THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE ANY RELATED CONTRACT DOCUMENTS AND AGREEMENTS NECESSARY TO EFFECTUATE THIS AWARD.

DEPARTMENT: POLICE

FUNDING SOURCE: UASI FUNDS FY2008 GRANTS

TOTAL ESTIMATED AMOUNT: $122,670

REFERENCE NO.: 2010-226

DISTRICTS: ALL

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

[POLICE DEPARTMENT, ZINA SILVA, (915) 564-7101]

"6A1. BEST VALUE PROCUREMENT AND OTHER: THAT THE PURCHASING MANAGER IS AUTHORIZED TO NOTIFY CUMMINS ROCKY MOUNTAIN, THAT THE CITY IS TERMINATING CONTRACT NO. 2006-049

ACTION TAKEN: APPROVED

THAT THE PURCHASING MANAGER IS AUTHORIZED TO NOTIFY CUMMINS ROCKY MOUNTAIN, THAT THE CITY IS TERMINATING CONTRACT NO. 2006-049 PURSUANT TO THE PROVISIONS AND REQUIREMENTS OF SECTION C 18A OF THE CONTRACT CLAUSES DUE TO CONVENIENCE AND THAT THE TERMINATION SHALL BE EFFECTIVE AS OF MAY 25, 2010. (ALL DISTRICTS)

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

[GENERAL SERVICES, STUART ED, (915) 621-6822]

"6A2. BEST VALUE PROCUREMENT AND OTHER: THE AWARD OF SOLICITATION NO. 2010-102 (AUXILIARY GENERATOR MAINTENANCE) TO CUMMINS ROCKY MOUNTAIN LLC

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2010-102 (AUXILIARY GENERATOR MAINTENANCE) TO CUMMINS ROCKY MOUNTAIN LLC, FOR A TOTAL ESTIMATED AWARD OF $222,000.

DEPARTMENT: GENERAL SERVICES - BUILDING MAINTENANCE DIVISION

AWARD TO: CUMMINS ROCKY MOUNTAIN LLC

EL PASO, TX

ITEMS: PART 1, ITEMS 1 THRU 13, PART 2, PART 3, & PART 4

OPTION: 2 YEARS

ANNUAL ESTIMATED AMOUNT: $74,000

FUNDING SOURCE: GENERAL FUND

TOTAL ESTIMATED AWARD: $222,000 (3 YEARS)

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 GENERAL SERVICES - BUILDING MAINTENANCE RECOMMEND AWARD TO CUMMINS ROCKY MOUNTAIN LLC, THE VENDOR OFFERING THE BEST VALUE BID.

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

[GENERAL SERVICES, STUART ED, (915) 621-6822]

"7A. BID: THE AWARD OF SOLICITATION NO. 2010-136 (NAVISTAR (INTERNATIONAL) PROPRIETARY PARTS AND SERVICE) TO RJ BORDER MANAGEMENT, LLC

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2010-136 (NAVISTAR (INTERNATIONAL) PROPRIETARY PARTS AND SERVICE) TO RJ BORDER MANAGEMENT, LLC FOR A TOTAL ESTIMATED AWARD OF $260,000.

DEPARTMENT: GENERAL SERVICES - FLEET DIVISION

AWARD TO: RJ BORDER MANAGEMENT, LLC

EL PASO, TX

ITEM(S): ALL

OPTION: 1 YEAR

ANNUAL ESTIMATED AMOUNT: $130,000

FUNDING SOURCE: INTERNAL SERVICE FUND

TOTAL ESTIMATED AWARD: $260,000 (2 YEARS)

DISTRICTS: ALL

THIS IS A TWENTY-FOUR 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 GENERAL SERVICES - FLEET DIVISION RECOMMEND AWARD AS INDICATED TO THE SOLE RESPONSIVE, RESPONSIBLE BIDDER.

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

[GENERAL SERVICES, STUART ED, (915) 621-6822]

"7B. BID: THE AWARD OF SOLICITATION NO. 2010-180 FOR MICRO SURFACING 2010, TO INTERMOUNTAIN SLURRY SEAL, INC.

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2010-180 FOR MICRO SURFACING 2010, TO INTERMOUNTAIN SLURRY SEAL, INC., FOR A TOTAL ESTIMATED AMOUNT OF $394,475.

DEPARTMENT: STREETS

AWARD TO: INTERMOUNTAIN SLURRY SEAL, INC.

BASE BID: $394,475

TOTAL ESTIMATED AWARD: $394,475

FUNDING SOURCE: 2009 CERTIFICATES OF OBLIGATION

DISTRICTS: ALL

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 STREET DIRECTOR 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 STREET DEPARTMENT RECOMMENDS AWARD AS INDICATED TO THE LOWEST RESPONSIBLE BIDDER.

[STREET DEPARTMENT, DARYL COLE, (915) 621-6750]

"7C. BID: THE AWARD OF SOLICITATION NO. 2010-123 (HIGH PRESSURE COUPLED HOSE LINE, HOSE MACHINES RENTAL AND FIELD SERVICE) TO GRANBERRY SUPPLY CORP DBA HOSEPOWER USA

ACTION TAKEN: AWARDED

THE AWARD OF SOLICITATION NO. 2010-123 (HIGH PRESSURE COUPLED HOSE LINE, HOSE MACHINES RENTAL AND FIELD SERVICE) TO GRANBERRY SUPPLY CORP DBA HOSEPOWER USA FOR A TOTAL ESTIMATED AWARD OF $240,000.

DEPARTMENT: GENERAL SERVICES - FLEET DIVISION

AWARD TO: GRANBERRY SUPPLY CORP DBA HOSEPOWER USA

EL PASO, TEXAS

ITEMS: ALL ITEMS: PART A, B & C

OPTION: TWO YEARS

ANNUAL ESTIMATED AMOUNT: $80,000

FUNDING SOURCE: INTERNAL SERVICE FUND

TOTAL ESTIMATED AWARD: $240,000 (3 YEAR TOTAL)

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 GENERAL SERVICES - FLEET DIVISION RECOMMEND AWARD AS INDICATED, TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER.

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

[GENERAL SERVICES, STUART ED, (915) 621-6822]

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 AMENDING EL PASO CITY CODE, TO UNIFORMLY DEFINE AND USE THE TERMS ''LEGAL HOLIDAY'' AND ''CITY OBSERVED HOLIDAY'' WITHIN THE CITY CODE, TO DEFINE THE TERMS BY AMENDING TITLE 1 (GENERAL PROVISIONS), SECTION 1.40.030 (DEFINITIONS AND RULES OF CONSTRUCTION); TO CHANGE THE WORD ''HOLIDAYS'' TO ''LEGAL HOLIDAYS'' BY AMENDING TITLE 5 (BUSINESS TAXES, LICENSES AND REGULATIONS) SECTION 5.44.040 (REGISTRATION - FORM - FILING), TITLE 9 (HEALTH AND SAFETY) SECTION 9.40.120 (EXEMPTIONS), TITLE 12 (VEHICLES AND TRAFFIC) SECTIONS 12.52.060 (STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON ANY DAY), 12.88.170 (SCHEDULE XVI-PARKING LIMITED ON CERTAIN STREETS ON ALL DAYS), 12.88.180 (NO STOPPING OR STANDING-TOW-AWAY ZONE), AND 12.88.190 (NO STOPPING OR STANDING AT ANY TIME), TITLE 14 (AIRCRAFT AND AIRPORTS) SECTION 14.20.250 (METERS), AND TITLE 18 (BUILDING AND CONSTRUCTION) SECTION 18.02.103.1.1.8 (EMERGENCY WORK); TO CHANGE THE WORD ''HOLIDAYS'' TO ''CITY OBSERVED HOLIDAYS'' BY AMENDING TITLE 18, SECTION 18.02.109.1.1.5 (NON-BUSINESS HOURS INSPECTION FEE); AND TO ELIMINATE OTHER SEPARATE DEFINITIONS OF ''LEGAL HOLIDAY'' BY AMENDING TITLE 12, SECTION 12.44.170 AND TITLE 13 (STREETS, SIDEWALKS AND PUBLIC PLACES) SECTIONS 13.28.010 AND 13.36.010. (ALL DISTRICTS)

[CITY ATTORNEY'S OFFICE, ELAINE HENGEN, (915) 541-4550]

8B. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A LEASE AGREEMENT BETWEEN THE CITY OF EL PASO AND WOODWORKERS CLUB OF EL PASO, TEXAS, INC., FOR THE LEASE OF THE PROPERTY AT 3228 SACRAMENTO AVENUE, EL PASO, TEXAS, FOR A TERM OF TWENTY (20) YEARS, WITH ONE RENEWAL OPTION FOR AN ADDITIONAL TEN (10) YEARS.

(DISTRICT 2) [FINANCIAL SERVICES, LIZA RAMIREZ-TOBIAS, (915) 541-4074]

8C. AN ORDINANCE AMENDING ORDINANCE 8064 (CLASSIFICATION AND COMPENSATION PLAN) TO AMEND SECTION 4.6 LEGAL HOLIDAYS, CLARIFYING THE HOLIDAYS OBSERVED BY THE CITY, AND THE MANNER IN WHICH HOLIDAYS OBSERVED BY THE CITY ARE ADMINISTERED FOR ACCRUAL AND PAYMENT TO CITY EMPLOYEES. (ALL DISTRICTS)

[HUMAN RESOURCES, LINDA BALL THOMAS, (915) 541-4509]

8D. AN ORDINANCE AMENDING ORDINANCE 8065, CIVIL SERVICE RULES AND REGULATIONS, AMENDING RULE 1, (CIVIL SERVICE COMMISSION) SECTION 5, TO PROVIDE FOR SELECTION OF THE CHAIR OF COMMITTEES APPOINTED BY THE CIVIL SERVICE COMMISSION; AMENDING RULE 4 (CLASSIFICATION) SECTION 4, CHANGING ''AN'' TO ''A''; AMENDING RULE 6 (CERTIFICATION) DECREASING THE NUMBER OF WAIVERS FROM 5 TO 3; AMENDING RULE 13 (LEAVE OF ABSENCE, RESIGNATION, SICK LEAVE AND VACATIONS) TO PROVIDE FOR SPECIAL LEAVE BASED ON OPERATIONAL NECESSITY, AS DETERMINED BY THE CITY MANAGER, AND TO PROVIDE FOR REQUIRED TESTING OF UNIFORMED EMPLOYEES REQUESTING REINSTATEMENT TO THE POLICE DEPARTMENT; AND AMENDING RULE 25 (DRIVER SAFETY STANDARDS) SECTION 3, TO ADD THE REQUIREMENT TO REPORT AN OUTSTANDING TRAFFIC WARRANT BY EMPLOYEES WITH DRIVING DUTIES; 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]

PUBLIC HEARING WILL BE HELD ON JUNE 1, 2010, FOR ITEMS 8A - 8D

PUBLIC HEARINGS WILL BE HELD AS PART OF THE REGULAR CITY COUNCIL MEETING THAT BEGINS AT APPROXIMATELY 9:00 A.M. ALL INTERESTED PERSONS PRESENT SHALL HAVE AN OPPORTUNITY TO BE HEARD AT THAT TIME. AFTER THE PUBLIC HEARINGS, COUNCIL MAY ALSO DELAY TAKING ACTION ON ORDINANCES; NO REQUIREMENT IS MADE BY SECTION 3.9B OF THE EL PASO CITY CHARTER TO PUBLISH ANY FURTHER NOTICE. COPIES OF ALL ORDINANCES ARE AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE, 2 CIVIC CENTER PLAZA, MONDAY THROUGH FRIDAY, 8:00 A.M. TO 5:00 P.M.

ACTION TAKEN: AWARDED

DISCUSSION AND ACTION ON THE AWARD OF SOLICITATION NO. 2010-085R (ENERGY OPERATIONAL SAVINGS PROGRAM) TO JOHNSON CONTROLS, INC. FOR A TOTAL ESTIMATED AMOUNT OF $350,000.

DEPARTMENT: GENERAL SERVICES - BUILDING MAINTENANCE

AWARD TO: JOHNSON CONTROLS, INC.

EL PASO, TX

ITEMS: ALL

FUNDING SOURCE: FACILITY ENERGY PROGRAM

TOTAL ESTIMATED AWARD: $350,000

DISTRICTS: ALL

ADDITIONALLY, IT IS REQUESTED THAT THE CITY ATTORNEY'S OFFICE REVIEW AND THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE ANY RELATED CONTRACT DOCUMENTS AND AGREEMENTS NECESSARY TO EFFECTUATE THIS AWARD, WHICH WILL INCLUDE PERFORMANCE CONTRACTING PROJECT AGREEMENTS (PCPAS) TO IMPLEMENT MUTUALLY-AGREED UPON IMPROVEMENT MEASURES.

THE GENERAL SERVICES AND FINANCIAL SERVICES DEPARTMENTS RECOMMEND AWARD TO JOHNSON CONTROLS, INC., THE HIGHEST QUALIFIED BIDDER BASED ON EVALUATION FACTORS ESTABLISHED FOR THIS PROCUREMENT, TO ACT AS THE CITY'S ENERGY SERVICES COMPANY ('ESCO'').

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

[GENERAL SERVICES, STUART ED, (915) 621-6822]

ACTION TAKEN: AUTHORIZED

DISCUSSION AND ACTION THAT THE CITY MANAGER BE AUTHORIZED TO EXECUTE A STATE ENERGY CONSERVATION OFFICE STIMULUS PROGRAM LOAN AGREEMENT BETWEEN THE CITY OF EL PASO AND THE TEXAS STATE COMPTROLLER OF PUBLIC ACCOUNTS IN AN AMOUNT NOT TO EXCEED $2,824,000 IN ORDER TO FUND ENERGY EFFICIENCY PROJECTS THAT WILL BE COMPLETED ON OR BEFORE DECEMBER 31, 2011. (ALL DISTRICTS) [FINANCIAL SERVICES, CARMEN ARRIETA-CANDELARIA, (915) 541-4293]

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.10 (SUPPLEMENTAL USE REGULATIONS), SECTION 20.10.080 (ANIMAL FACILITIES) OF THE EL PASO CITY CODE TO ALLOW FOR AN AMENDMENT TO THE DISTANCE REQUIREMENT FOR SMALL ANIMAL VETERINARY HOSPITALS OR CLINICS IN AN AREA ZONED R-1 (RESIDENTIAL) OR C-1, C-2, C-3, OR C-4 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. (ALL DISTRICTS) [DEVELOPMENT SERVICES/PLANNING, LINDA CASTLE, (915) 541-4029]

ACTION TAKEN: ADOPTED

AN ORDINANCE CHANGING THE ZONING OF A PORTION OF LOT 3, BLOCK 16A, SCOTSDALE UNIT 2A, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM C-1 (COMMERCIAL) TO C-2 (COMMERCIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 3368 WEDGEWOOD DRIVE. PROPERTY OWNER: ORLANDO GARZA. ZON10-00009 (DISTRICT 3)

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

ACTION TAKEN: ADOPTED

AN ORDINANCE CHANGING THE ZONING OF A PORTION OF TRACT 1B, NELLIE D. MUNDY SURVEY NO. 243, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-3 (RESIDENTIAL) TO R-3A (RESIDENTIAL). THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: NORTH OF TRANS MOUNTAIN ROAD, EAST OF INTERSTATE HIGHWAY 10. PROPERTY OWNER: DVEP LAND, LLC. ZON10-00006 (DISTRICT 1) [DEVELOPMENT SERVICES/PLANNING, ESTHER GUERRERO, (915) 541-4720]

ACTION TAKEN: ADOPTED AS REVISED

AN ORDINANCE GRANTING SPECIAL PERMIT NO. ZON09-00077, TO ALLOW FOR AN 88% PARKING REDUCTION ON THE PROPERTY DESCRIBED AS LOT 27 AND THE WEST 10 FT. OF LOT 28, BLOCK 69, FRANKLIN HEIGHTS, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.14.070 OF THE EL PASO CITY CODE. THE PENALTY BEING AS PROVIDED IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 1319 MONTANA AVENUE. APPLICANT: CHRISTOPHER SWANN. ZON09-00077 (DISTRICT 8)

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

POSTPONED FROM 05-11-10

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING THE 2025 PROPOSED THOROUGHFARE SYSTEM AS DETAILED IN THE MAP ATLAS OF THE PLAN FOR EL PASO AND ITS RELATED DOCUMENTS AS ORIGINALLY APPROVED BY EL PASO CITY COUNCIL IN 1999, AND AS SUBSEQUENTLY AMENDED, TO DELETE THE EXTENSION OF STANTON STREET, AS A MINOR ARTERIAL, NORTH OF THE EXISTING TERMINUS LOCATED NORTH OF EXCALIBUR DRIVE. APPLICANT: BROCK & BUSTILLOS, INC. (DISTRICT 1) [DEVELOPMENT SERVICES/PLANNING, MELISSA GRANADO, (915) 541-4029]

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING ORDINANCE NO. 017298 RELATING TO THE COLLECTION OF COMMERCIAL SOLID WASTE IN REQUIRED COMMERCIAL COLLECTION AREAS, TO CHANGE THE EFFECTIVE DATE. (DISTRICT 8) [ENVIRONMENTAL SERVICES, ELLEN A. SMYTH, (915) 621-6719]

ACTION TAKEN: ADOPTED

AN ORDINANCE REPEALING ORDINANCE NUMBER 017042 (TRANSPORTATION REINVESTMENT ZONE NUMBER ONE FOR EL PASO, TEXAS): DECLARING ORDINANCE NUMBER 017042 VOID. (ALL DISTRICTS)

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

ACTION TAKEN: ADOPTED AS REVISED

AN ORDINANCE DESIGNATING TRANSPORTATION REINVESTMENT ZONE NUMBER TWO FOR EL PASO, TEXAS; DESCRIBING THE BOUNDARIES OF THE ZONE; PROVIDING FOR AN EFFECTIVE DATE AND A TERMINATION DATE FOR THE ZONE; NAMING THE ZONE ''TRANSPORTATION REINVESTMENT ZONE NUMBER TWO, CITY OF EL PASO, TEXAS''; ESTABLISHING A TAX INCREMENT FUND FOR THE ZONE; AND CONTAINING OTHER PROVISIONS RELATED THERETO.

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

ACTION TAKEN: ADOPTED AS REVISED

AN ORDINANCE DESIGNATING TRANSPORTATION REINVESTMENT ZONE NUMBER THREE FOR EL PASO, TEXAS; DESCRIBING THE BOUNDARIES OF THE ZONE; PROVIDING FOR AN EFFECTIVE DATE AND A TERMINATION DATE FOR THE ZONE; NAMING THE ZONE ''TRANSPORTATION REINVESTMENT ZONE NUMBER THREE, CITY OF EL PASO, TEXAS''; ESTABLISHING A TAX INCREMENT FUND FOR THE ZONE; AND CONTAINING OTHER PROVISIONS RELATED THERETO.

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

ACTION TAKEN: ADOPTED

AN ORDINANCE AMENDING TITLE 9 (HEALTH AND SAFETY), CHAPTER 9.02 (DEPARTMENT OF PUBLIC HEALTH), SECTION 9.02.040 (FEES - CLINICS AND LABORATORY) BY ADDING SUBSECTION D, TO ALLOW FOR A SLIDING FEE. (ALL DISTRICTS) PUBLIC HEALTH, MICHAEL HILL, (915) 771-5702]

ACTION TAKEN: DELETED

DISCUSSION AND ACTION THAT THE CITY MANAGER BE AUTHORIZED TO SIGN A LEASE AGREEMENT BETWEEN DLB PROPERTIES JV (''LANDLORD'') AND THE CITY OF EL PASO (''TENANT'') REGARDING THE EL PASO POLICE DEPARTMENT INTERNAL AFFAIRS DIVISION'S RENTAL OF OFFICE SPACE IN THE COMPASS BANK BUILDING LOCATED AT 6044 GATEWAY BLVD EAST, EL PASO, TEXAS FOR A TERM OF 10 YEARS. (ALL DISTRICTS) [REPRESENTATIVE EMMA ACOSTA, (915) 541-4572]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION THAT CITY COUNCIL AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) COMPONENT OF THE CITY'S 2008-2009 ANNUAL ACTION PLAN OF THE CONSOLIDATED PLAN FOR 2005-2010 BY EXPANDING THE LIST OF ELIGIBLE CENSUS TRACTS FOR ACQUISITION, REHABILITATION AND HOMEBUYER ASSISTANCE ACTIVITIES BASED UPON ESTABLISHED CRITERIA, 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, ANDREA TIRRES, (915) 541-4845]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION ON A RESOLUTION NOMINATING HELEN OF TROY L.P. TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT AND TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK AS A TEXAS STATE ENTERPRISE PROJECT. (ALL DISTRICTS) [ECONOMIC DEVELOPMENT, KATHRYN B. DODSON, (915) 541-4872]

ACTION TAKEN: APPROVED

DISCUSSION AND ACTION TO APPROVE THE INTERVENTION OF WESTERN REFINING, INC. IN THE MATTER OF THE APPLICATION OF EL PASO ELECTRIC COMPANY TO CHANGE RATES FILED DECEMBER 9, 2009. (ALL DISTRICTS)

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

ACTION TAKEN: POSTPONED (2) TWO WEEKS.

DISCUSSION AND ACTION REGARDING 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 FILED DECEMBER 9, 2009. (ALL DISTRICTS) [FINANCIAL SERVICES, LIZA RAMIREZ-TOBIAS, (915) 541- 4074]

ACTION TAKEN: AUTHORIZED

DISCUSSION AND ACTION THAT THE PURCHASING MANAGER OF FINANCIAL SERVICES, PURCHASING DIVISION, BE AUTHORIZED TO EXTEND THE CURRENT CONTRACT NO. 2009-011 (TOWING, STORAGE AND SALE OF MOTOR VEHICLES WITH AD WRECKER SERVICES FOR UP TO AN ADDITIONAL SIX MONTHS ON A MONTH-TO-MONTH BASIS, PURSUANT TO THE PROVISIONS OF AN AWARD APPROVED BY THE CITY COUNCIL ON MAY 26, 2009. EXTENDED CONTRACT PERIOD WILL BE ON A MONTH TO MONTH BASIS FROM MAY 25, 2010 TO NOVEMBER 25, 2010.

DEPARTMENT: FINANCIAL SERVICES DEPARTMENT

ESTIMATED AMOUNT: $375,000

DISTRICTS: ALL

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

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE ORTEGA, AND UNANIMOUSLY CARRIED THAT THE CITY ATTORNEY’S OFFICE BE AUTHORIZED TO TAKE ANY AND ALL ACTIONS, INCLUDING BUT NOT LIMITED TO FILING ALL THE NECESSARY PLEADINGS TO RESOLVE THE MATTER OF CAUSE NUMBER 2010-1164, IN RE ORDER OF FORECLOSURE CONCERNING ALBERT HERRERA AND ANNETTE HERRERA AND 304 ENCINO, EL PASO, TEXAS; OUR FILE NO. 10-C-016.

IN RE: ORDER OF FORECLOSURE CONCERNING: ALBERT HERRERA AND ANNETTE HERRERA AND 304 ENCINO DRIVE, EL PASO, TEXAS 79905, CAUSE NO, 2010-1194. (551.071)

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

ACTION TAKEN: MOTION MADE BY REPRESENTATIVE BYRD, SECONDED BY REPRESENTATIVE LILLY, AND UNANIMOUSLY CARRIED TO DELETE THE ITEM REGARDING DISCUSSION AND ACTION ON ECONOMIC DEVELOPMENT RELATED NEGOTIATIONS AND POSSIBLE INCENTIVES FOR BUSINESS PROSPECT PAL-0510. (551.087)

DISCUSSION AND ACTION ON ECONOMIC DEVELOPMENT RELATED NEGOTIATIONS AND POSSIBLE INCENTIVES FOR BUSINESS PROSPECT PAL-0510. (551.087)

[CITY ATTORNEY'S OFFICE, MARIE TAYLOR, (915) 541-4550]

ACTION TAKEN: MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE BYRD, AND UNANIMOUSLY 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 IN THE LAWSUIT STYLED GUADALUPE RAMIREZ ET AL. V. CITY OF EL PASO, CAUSE NO. 2007-2568. THIS MOTION IS INTENDED TO GRANT BROAD AUTHORITY TO THE OFFICE OF THE CITY ATTORNEY TO TAKE ANY ACTION NECESSARY TO ADDRESS THESE MATTERS, INCLUDING BUT NOT LIMITED TO DEFEND THE LAWSUIT AND INITIATE APPEALS.

DISCUSSION AND ACTION REGARDING LAWSUIT ENTITLED GUADALUPE RAMIREZ ET AL. VS. CITY OF EL PASO; CAUSE NO. 2007-2568 (551.071)

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

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 FILE A MOTION IN INTERVENTION ON BEHALF OF THE CITY FOR THE APPLICATION OF EL PASO ELECTRIC COMPANY TO IMPLEMENT AN INTERIM FUEL REFUND BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET NO. 38253.

APPLICATION OF EL PASO ELECTRIC COMPANY TO IMPLEMENT AN INTERIM FUEL REFUND (FILED MAY 12, 2010) BEFORE THE PUBLIC UTILITY COMMISSION OF TEXAS, DOCKET NO. 38253. (551.071) [CITY ATTORNEY'S OFFICE, BERTHA ONTIVEROS, (915) 541-4550]

ACTION TAKEN: "MOTION MADE BY MAYOR PRO TEMPORE ACOSTA, SECONDED BY REPRESENTATIVE BYRD, AND UNANIMOUSLY CARRIED TO GRANT THE AUTHORITY TO THE CITY ATTORNEY TO FILE A MOTION IN INTERVENTION ON BEHALF OF THE CITY FOR THE PETITION OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONEOK, INC. FOR RATE REVIEW OF RATE SETTING ACTION OF THE CITY OF EL PASO BEFORE THE RAILROAD COMMISSION OF TEXAS, GAS UTILITY DOCKET NO. 9988.

"PETITION OF TEXAS GAS SERVICE COMPANY, A DIVISION OF ONEOK, INC. FOR REVIEW OF RATE SETTING ACTION OF THE CITY OF EL PASO BEFORE THE RAILROAD COMMISSION OF TEXAS, GAS UTILITY DOCKET NO. 9988. (551.071) [CITY ATTORNEY'S OFFICE, BERTHA ONTIVEROS, (915) 541-4550]