Regular Council Meeting Minutes Council Chambers November 28, 2006 8:30 A.M
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CITY COUNCIL JOHN F. COOK ANN MORGAN LILLY, DISTRICT 1 MAYOR SUSANNAH M. BYRD, DISTRICT 2 J. ALEXANDRO LOZANO, DISTRICT 3 MELINA CASTRO, DISTRICT 4 PRESI ORTEGA, JR., DISTRICT 5 JOYCE WILSON EDDIE HOLGUIN JR., DISTRICT 6 CITY MANAGER STEVE ORTEGA, DISTRICT 7 BETO O’ROURKE, DISTRICT 8 REGULAR COUNCIL MEETING MINUTES COUNCIL CHAMBERS NOVEMBER 28, 2006 8:30 A.M. The City Council met in regular session at the above place and date. Meeting was called to order at 8:34 a.m. Mayor Pro Tempore Presi Ortega, Jr. present and presiding and the following Council Members answered roll call: Ann Morgan Lilly, Susannah M. Byrd, Jose Alexandro Lozano, Melina Castro, Eddie Holguin, Jr., Steve Ortega, and Beto O’Rourke. Absent: Mayor John F. Cook requested to be excused. The invocation was given by Reverend Lisle Davis, followed by the Pledge of Allegiance to the Flag of the United States of America. MAYOR’S PROCLAMATIONS 1. CHRISTMAS TREE LIGHTING 2. EL PASO GREEN TEAM Mayor Pro Tempore Presi Ortega, Jr. recognized the students of Father Yermo High School and Tornillo High School in attendance at the meeting. CALL TO THE PUBLIC – PUBLIC COMMENT This time is reserved for members of the public who would like to address the City Council on items that are not on the City Council Agenda. A sign-up form is available on line at https://www.elpasotexas.gov/city_clerk/contact_public.asp for those who wish to sign up in advance of the meeting date and a sign-up form is available outside the City Council Chambers at the City Clerk table for those who wish to sign up on the day of the meeting. Requests to speak must be received by 9:00 a.m. on the date of the meeting. 30 Minutes total is allotted for speakers. Three to five minutes may be allowed for each speaker. The following members of the public commented: 1. Ms. Laura Rodriguez, UTEP student 2. Mr. Hector Quintanilla, UTEP student 3. Mr. Eric Reed and Mr. Ron Dirker, Christian Reform World Relief Committee 4. Mr. Carlos Sanchez 5. Mr. Maurico Olague 6. Mr. Matt Carroll Representatives Presi Ortega, Jr., Lilly, Steve Ortega, Castro, and Lozano commented. The following City staff members commented: 1. Ms. Joyce Wilson, City Manager 2. Mr. Larry Nichols, Development Services 3. Mr. Charlie McNabb, City Attorney, gave legal advice. Motion made by Representative Steve Ortega, seconded by Representative Byrd, and unanimously carried that the City Council RETIRE into EXECUTIVE SESSION at 8:34 a.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.076 to discuss any of the following: Section 551.071 CONSULTATION WITH ATTORNEY Section 551.072 DELIBERATION REGARDING REAL PROPERTY Section 551.073 DELIBERATION REGARDING PROSPECTIVE GIFTS Section 551.074 PERSONNEL MATTERS Section 551.076 DELIBERATION REGARDING SECURITY DEVICES Section 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS Discussion and action on the Executive Session items listed on the Agenda. Motion made by Representative Lozano, seconded by Representative Byrd, and unanimously carried to ADJOURN the Executive Session at 9:26 a.m. and RECONVENE the meeting of the City Council, during which time motions were made. NOT PRESENT FOR THE VOTE: Representative Castro . EX1. Rafael Gardon vs. City of El Paso; Cause No. 2003-493 (551.071). NO ACTION WAS TAKEN on the item. EX2. Discussion and action regarding the El Paso Firemen and Policemen’s Pension Fund (551.071). NO ACTION WAS TAKEN on the item. EX3. Legal advice regarding the City-County Health District. (551.071) NO ACTION WAS TAKEN on the item. CONSENT AGENDA Motion made by Representative Lozano, seconded by Representative Byrd, and unanimously carried to APPROVE, AS REVISED, all matters listed under the Consent Agenda unless otherwise noted. (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}. AYES: Representatives Lilly, Byrd, Lozano, Castro, Presi Ortega, Jr., Holguin, Steve Ortega, and O’Rourke . 1. APPROVAL OF MINUTES *Motion made, seconded, and unanimously carried to APPROVE the Minutes for the Regular City Council Meeting of November 21, 2006, and the Special City Council Meetings of November 20, 2006 (Agenda Review). 2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS *Motion made, seconded, and unanimously carried to EXCUSE Mayor John F. Cook from the Regular Council Meeting of November 28, 2006. REGULAR COUNCIL MEETING – NOVEMBER 28, 2006 2 3A. *R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign “Supplemental Lease Agreement No. 2, Revised” to Lease No. GS-07B-15258 by and between the City of El Paso (“Lessor”) and the United States of America (“Lessee”) for clarification of existing terms and conditions regarding the Transportation Security Administration’s rental of space in the El Paso International Airport terminal building. 3B. *R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: WHEREAS, the City of El Paso Department of Community and Human Development (the “Department”) has identified areas suffering from objectively determinable signs of deterioration where immediate action is necessary to arrest the deterioration; and WHEREAS, these areas are within the vicinity of the Community Development Block Grant eligible areas of the Chamizal Park as well as lower Dyer St; and WHEREAS, interim assistance, in the form of garbage, trash and debris removal pursuant to a neighborhood cleanup campaign and not regular curbside garbage collection is proposed; and WHEREAS, the Department is working on a plan currently intended to bring about permanent improvements in the area as soon as practical; and WHEREAS, Council finds that a public benefit exists in removing the blight and public health dangers associated with large accumulations of trash and debris in the areas described herein; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: 1. That the Annual Action Plan (2006-2007) of the Consolidated Plan for 2005-2010 be amended by adding the following activity to the 32nd Year (2006-2007) Community Development Block Grant Program: Neighborhood Cleanup Campaign in Neighborhood Revitalization Strategy Areas - $20,000 2. That the funds for this project be transferred from the Community Development Contingency Account No. G7129CD0001. 3. That the Director of the Community and Human Development Department be authorized to take any actions necessary to effectuate such project. Representatives Castro, Steve Ortega, and Lozano commented. Ms. Joyce Wilson, City Manager, and Mr. William Lilly, Community and Human Development, commented. REGULAR COUNCIL MEETING – NOVEMBER 28, 2006 3 3C. *R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign an Employment Agreement between the City of El Paso and Federico Fernandez, Jr. to employ Federico Fernandez, Jr. as a PC LAN Specialist III for the El Paso Water Utilities at a biweekly rate of $1,924.92. The term of the contract shall be for the period of November 29, 2006, through November 28, 2007. Representative Castro commented. Ms. Joyce Wilson, City Manager, commented. 3D. *R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: WHEREAS, the State of Texas, 75th Legislature, enacted legislation providing for an adjustment to the usual matching fund requirements for Texas Department of Transportation (TXDOT) transportation projects for Economically Disadvantaged Counties; and, WHEREAS, TXDOT identifies the counties that qualify for Economically Disadvantaged Counties (EDC) status from data obtained from the Texas Comptroller of Public Accounts on an annual basis; and, WHEREAS, El Paso County has been identified by TXDOT as an Economically Disadvantaged County; and, WHEREAS, TXDOT requires that the principal elected official for the applicant transportation project of the EDC must submit an Affidavit with each application; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO THAT: The Mayor is hereby authorized to sign affidavits required for the Texas Department of Transportation matching fund adjustment for economically disadvantaged counties for TXDOT Transportation Project applications for 2007 through 2009. Representative Castro commented. Mr. Rick Conner, City Engineer, commented. 3E. *R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: WHEREAS, on October 3, 2006, the City Council passed a Resolution approving the Facility Rental Policy regarding the El Paso Museum of Art (the “Museum”); and REGULAR COUNCIL MEETING – NOVEMBER 28, 2006 4 WHEREAS, the offering of a one-time reduced fee event per City fiscal year to arts agencies that are funded or have been funded during two of the three years preceding the current year, supports groups whose initiatives are specifically tied to the elevation of arts in the community and therefore directly furthers the mission of the Museum; and WHEREAS, the offering of free rental for space normally rented for events, as well as free security, audio- visual equipment/operator, and Museum staff fees for events held by the El Paso Museum of Art Foundation for the sole purpose of supporting and promoting exhibits and special Museum events, fundraising or presenting educational programs benefiting the Museum, directly furthers the mission of the Museum; and WHEREAS, El Paso Museum of Art Foundation events shall not displace paying customer events; and WHEREAS, the Museum shares a public mission with other non-profit entities to provide education programs not otherwise offered by for-profit businesses, so that a twenty percent (20%) rental fee reduction for non-profit entities that do not qualify under the preceding two recitals, for those agencies that provide unique and specialized education and public service programs to the community, furthers the spirit of the mission of the Museum; and WHEREAS, the rental agreements between the Museum and individuals or entities desiring to rent Museum space and facilities will be in substantial conformity with the Special Events Use Agreement form attached hereto as Exhibit “A”.