City Council

Oscar Leeser

Peter Svarzbein, District 1

Mayor

Larry Romero, District 2

Emma Acosta, District 3

Carl L. Robinson, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz, District 6

Lily Limón, District 7

Cortney Carlisle Niland, District 8

January 12, 2016

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

January 11, 2016

9:00 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

El Paso Country Day School

Ximena Aldana

Iris Wilson

Milin Patel

Trevor Wegleitner

Stephania Rincon

Malachi Cushion

Araliz Gandara

NOTICE TO THE PUBLIC

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.

CONSENT AGENDA - APPROVAL OF MINUTES:

1.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

1.1.

Approval of Minutes for the Regular City Council Meeting of December 22, 2015, the Legislative Review Meeting of the Whole of December 21, 2015, and the Special City Council Meeting of December 21, 2015

Municipal Clerk, Richarda Duffy Momsen, (915) 212-0049

(Attachment)

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

Representative Larry Romero

CONSENT AGENDA - RESOLUTIONS:

3.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

3.1.

That the City Manager be authorized to send notice terminating the November 18, 2014 Glory Road Transit Terminal Retail Lease Agreement between the City of El Paso and Sumatra Hookah Lounge LLC, Inc. for the premises at 100 Glory Road, Suite 100, El Paso, El Paso County, Texas.

District 8

Economic and International Development, Memo Sotomayor, (915) 212-1572

Mass Transit, Jay Banasiak, (915) 212-3301

(Attachment)

3.2.

That the City Manager be authorized to send notice terminating the December, 9, 2014 Union Plaza Transit Terminal Retail Lease Agreement between the City of El Paso and The Opera Company, Inc. for premises at 400 W. San Francisco Street, El Paso, El Paso County, Texas.

District 8

Economic and International Development, Memo Sotomayor, (915) 212-1572

Mass Transit, Jay Banasiak, (915) 212-3301

(Attachment)

3.3.

That the City Manager be authorized to sign the Lessor’s Approval of Assignment of the Amended and Restated Butterfield Trail Industrial Park Lease by and among the City of El Paso (“Lessor”), Butterfield Trail Trust I (“Assignor”) and ELP Zane 5, LLC (“Assignee”) for the following described property:

A portion of Lot 4 and 5, Block 1, Butterfield Trail Industrial Park, Unit One, Replat “A”, an addition to the City of El Paso, El Paso County, Texas, containing 188,266 square feet of land and municipally known as 5 Zane Grey, El Paso, Texas.

Current Annual rent:  188,266 sf. @ $0.24/sf= $45,183.84/annum with scheduled 5 year rental adjustments based on percentage increase in the CPI over base year rent with a 20% cap.

Term remaining:  Forty-nine and one-half (49 ½) years including one – ten (10) year Option.

Subtenants:  Valeo Electrical Systems, Inc.

                      Raytheon Technical Services Company, LLC

District 2

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.4.

That the City Manager be authorized to sign the Lessor’s Approval of Assignment of the Amended and Restated Butterfield Trail Industrial Park Lease by and among the City of El Paso (“Lessor”), Butterfield Trail Trust I (“Assignor”) and ELP Zane 7, LLC (“Assignee”) for the following described property:

All of Lot 3 and a portion of Lots 2C and 4, Block 1, Butterfield Trail Industrial Park, Unit One, Replat “A”, an addition to the City of El Paso, El Paso County, Texas, containing 220,767.75 square feet of land and municipally known as 7 Zane Grey, El Paso, Texas.

Current Annual rent:  220,767.75 sf. @ $0.24/sf= $52,984.26/annum with scheduled 5 year rental adjustments based on percentage increase in the CPI over base year rent with a 20% cap.

Term remaining:  Forty-nine and one-half (49 ½) years including one – ten (10) year Option.

Subtenants:  Stoneridge Electronica, Inc.

                      Nut Processors, Inc.

District 2

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.5.

That the City Manager be authorized to sign the Lessor’s Approval of Assignment of the Amended and Restated Butterfield Trail Industrial Park Lease by and among the City of El Paso (“Lessor”), Butterfield Trail Trust I (“Assignor”) and ELP Butterfield 9, LLC (“Assignee”) for the following described property:

A portion of Lots 5 and 6, Block 2, Butterfield Trail Industrial Park, Unit One, Replat “A”, an addition to the City of El Paso, El Paso County, Texas, containing 244,287 square feet of land and municipally known as 9 Butterfield Trail, El Paso, Texas.

Current Annual rent:  244,287 sf. @ $0.24/sf= $58,628.88/annum with scheduled 5 year rental adjustments based on percentage increase in the CPI over base year rent with a 20% cap.

Term remaining:  Forty-nine and one-half (49 ½) years including one – ten (10) year Option.

Subtenants:  US Customs and Border Protection

                      Superior Pool Products, LLC

District 2

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.6.

That the City Manager be authorized to sign the Lessor’s Approval of Assignment of the Amended and Restated Butterfield Trail Industrial Park Lease by and among the City of El Paso (“Lessor”), Butterfield Trail Trust I (“Assignor”) and ELP Zane 12, LLC (“Assignee”) for the following described property:

A portion of Lots 2 and 3, Block 8, Butterfield Trail Industrial Park, Unit One, Replat “A”, (Parcel 1) and all of Lot 1 and a portion of Lot 2, Block 8, Butterfield Trail Industrial Park Unit One, Replat “A” (Parcel 2), both of which are located in an addition to the City of El Paso, El Paso County, Texas, containing 346,041 square feet of land and municipally known as 12 Zane Grey St. and 14 Butterfield Trail Blvd., El Paso, Texas.

Current Annual rent:  346,041 sf. @ $0.24/sf= $83,049.94/annum with scheduled 5 year rental adjustments based on percentage increase in the CPI over base year rent with a 20% cap.

Term remaining:  Forty-nine and one-half (49 ½) years including one – ten (10) year Option.

Subtenants:  Polygroup Services NA, Inc.

                      Keytonic Corp.

District 2

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.7.

That the City Manager be authorized to sign the Lessor’s Approval of Assignment of the Amended and Restated Butterfield Trail Industrial Park Lease by and among the City of El Paso (“Lessor”), Butterfield Trail Trust I (“Assignor”) and Leigh 19, LLC (“Assignee”) for the following described property:

All of Lots 12, 13, and a portion of Lot 14, Block 8, Butterfield Trail Industrial Park, Unit Two, an addition to the City of El Paso, El Paso County, Texas, containing 323,058 square feet of land and municipally known as 19 Leigh Fisher, El Paso, Texas.

Current Annual rent:  323,058.6 sf. @ $0.24/sf= $77,534.06/annum with scheduled 5 year rental adjustments based on percentage increase in the CPI over base year rent with a 20% cap.

Term remaining:  Forty-nine and one-half (49 ½) years including one – ten (10) year Option.

Subtenants:  None

District 2

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.8.

That the Mayor is authorized to sign a letter in support of the nomination of the Magoffin Historic District, roughly bounded by San Antonio, Virginia, Myrtle, and Cotton Streets, to the National Register of Historic Places.

All Districts

Economic and International Development, Cary Westin, (915) 212-1614

Economic and International Development, Providencia Velazquez (915) 212-1567

(Attachment)

4.

Goal 3: Promote the Visual Image of El Paso

4.1.

The City Council approves the waiver of the requirement that an application for infill development meet two criteria as stated in Section 20.10.280 when only one factor is met, for the property legally described as Tract 10B5, Block 17, Ysleta Grant, 7756 Wenda Drive, City of El Paso, El Paso County, Texas.

District 7

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Michael McElroy, (915) 212-1612

(Attachment)

5.

Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

5.1.

That the City Manager be authorized to sign an Agreement for Professional Services by and between the City of El Paso and Sites Southwest, LLC., a Texas limited liability corporation, for a project known as “Argal Park at Las Palmas-Landscape Architectural Services”, for an amount not to exceed Two Hundred Forty Thousand One Hundred One and 32/100 Dollars ($240,101.32); and that the City Manager be authorized to approve up to $50,000.00 in additional services, for a total contract amount not to exceed Two Hundred Ninety Thousand One Hundred One and 32/100 Dollars ($290,101.32); and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this agreement.  Funding Source: 2012 Quality of Life Bonds

District 7

Capital Improvement, Monica Lombrana, (915) 212-1831

(Attachment)

5.2.

A Resolution authorizing the City of El Paso to apply for Water Smart Grant through the United States Bureau of Reclamation in the amount of $300,000 a dollar for dollar grant match for the purpose of water conservation and authorizing the City Manager to sign grant agreements, and to expend the funds on this project should the grant application be successful.

All Districts

Parks and Recreation, Tracy Novak, (915) 212-1708

(Attachment)

6.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

6.1.

That the City finds that Roger D. Trout showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 taxes and the tax refund in the amount of $6.17 is approved.

All Districts

Tax Office, Maria O. Pasillas, (915) 212-1737

(Attachment)

7.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

7.1.

That the City Manager be authorized to sign a Second Amendment to the Agreement for Professional Services by and between the CITY OF EL PASO and Huitt-Zollars, Inc., a Texas Corporation, for a project known as “Dyer Corridor Rapid Transit System (Dyer RTS)” for additional to provide additional preliminary design services for traffic control and landscape and irrigation plan modifications at an additional cost of Eighty Two Thousand Seven Hundred Forty Two and 00/Dollars ($82,742.00) thereby extending the contract amount from $2,193,739.00 to $2,276,481.00. Funding Source: 2011 Certificates of Obligation

Districts 2, 4, and 8

Capital Improvement, Monica Lombrana, (915) 212-1831

Mass Transit, Jay Banasiak, (915) 212-3300

(Attachment)

7.2.

That the City Manager be authorized to sign a Highway Overpass Agreement by and among the City of El Paso, the Union Pacific Railroad Company, and the State of Texas, acting by and through the Texas Department of Transportation, whereby Union Pacific Railroad Company will give permission for the construction, maintenance, and use of the an overpass structure known as the Carolina Bridge across Railroad property via an existing easement.

District 3

Capital Improvement, Monica Lombrana, (915) 212-1831

Capital Improvement, Omar Moreno, (915) 212-1838

(Attachment)

7.3.

That the City Manager be authorized to sign a Multipurpose Use Agreement between the State of Texas, by and between the Texas Department of Transportation and the City of El Paso to permit the construction, maintenance and operation of a public streetcar project known as the El Paso Streetcar Project on the highway right of way of SH 20 (Texas Avenue) at the intersection of Kansas Street; on the highway right of way of SH 20 (Mesa Street) at the intersections of Baltimore Drive and Franklin Avenue; on the highway right of way of US 62 (Paisano Drive) at the intersections of Santa Fe Street and Kansas Street; on the highway right of way of US 62 (El Paso Street) at the intersection of Father Rahm Avenue, and on the highway right of way of US 85 (Stanton Street) at the intersection of Father Rahm Avenue in El Paso, Texas.

District 8

Capital Improvement, Monica Lombrana, (915) 212-1831

Mass Transit, Jay Banasiak, (915) 212-3300

(Attachment)

7.4.

That the City Manager be authorized to sign a Multipurpose Use Agreement between the State of Texas, by and between the Texas Department of Transportation, and the City of El Paso to permit the construction, maintenance and operation of a public streetcar project known as the El Paso Streetcar Project on the highway right of way IH 10 at the intersections of Oregon Street and Stanton Street in El Paso, Texas.

District 8

Capital Improvement, Monica Lombrana, (915) 212-1831

Mass Transit, Jay Banasiak, (915) 212-3300

(Attachment)

7.5.

A Resolution to designate 22 offset angle parking spaces on the northwest side of East Sunset Drive, between Doniphan Drive and Ripley Drive.

District 8

Streets and Maintenance, Ted Marquez, (915) 212-7000

(Attachment)

8.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

8.1.

That the Mayor of the City of El Paso, Texas be authorized to sign six (6) Resolutions of no objection for 2016 4% Non-Competitive, Low Income Housing Tax Credit applications submitted by the Housing Authority for the City of El Paso to the Texas Department of Housing and Community Affairs.

Districts 3, 6, 7, and 8

Community and Human Development, Verónica R. Soto, (915) 212-0138

(Attachment)

8.2.

A Resolution to authorize the Mayor to sign the Certificate of Approval of the Highest Elected Official in conjunction with the proposed issuance of Bonds for the HACEP RAD Conversion Program Phase III Project by Alamito Public Facilities Corporation, a public facility of the Housing Authority of the City of El Paso.

All Districts

City Attorney's Office, Don Minton, (915) 212-0033

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

9.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

9.1.

Chad North to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

10.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

10.1.

Roy Gilyard to the Zoning Board of Adjustment by Representative Carl L. Robinson, District 4.

Representative Carl L. Robinson, (915) 212-1016

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

11.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

11.1.

Tanny Berg to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser, (915) 212-0021.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

11.2.

Rida Asfahani to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

11.3.

Jon Law to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

12.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

12.1.

Mark Thomas-Bray to the Ethics Review Commission by Representative Carl L. Robinson, District 4.

Representative Carl L. Robinson, (915) 212-1016

(Attachment)

12.2.

Ralph Adame to the Ethics Review Commission by Representative Cortney Niland, District 8.

Representative Cortney Niland, (915) 212-0037

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

13.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

13.1.

That the tax refunds listed on the attachment posted with this agenda be approved. (See Attachment A)

All Districts

Tax Office, Maria O. Pasillas, (915) 212-1737

(Attachment)

CONSENT AGENDA - BEST VALUE PROCUREMENTS:

14.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

14.1.

Request rejection of all bids received for Solicitation No. 2016-016 (Payment Processing Lockbox) as recommended by the Purchasing & Strategic Sourcing Department and Tax Office because the expected funding is not available.

Department: Tax Office

Districts(s): All

All Districts

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1181

Tax Office, Maria Pasillas, (915) 212-1737

(Attachment)

15.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

15.1.

Request that the Director of Purchasing & Strategic Sourcing Department be authorized to exercise the City’s option to extend current Contract 2013-060 Collection Services-Various City Facilities with Heist Disposal, Inc. and Freidman Recycling Company for two (2) additional years pursuant to the provisions of an award approved by the City Council on May 14, 2013.  The extended contract period will be from May 14, 2016 to May 13, 2018.

Department:                               Environmental Services & Code Enforcement

Award to        Vendor 1:             Heist Disposal, Inc.

                                                   El Paso, TX

Option:                                       Two Years

Annual Estimated Amount:        $210,152.16

Initial Estimated Award:             $420,304.32 (2 Years)

Awarded to     Vendor 2:            Freidman Recycling Company

                                                   El Paso, TX

Option:                                       Two Years

Annual Estimated Amount:        $32,685.96

Initial Estimated Award:             $65,371.92 (2 Years)

Initial Term Estimated Award:   $485,676.24 (2 Year)

Total Estimated Award:             $485,676.24 (2 Year)

Account No.:                              334-34080-522150-3100

Funding Source:                        Environmental Service & Code Enforcement

                                                   Department- Outside Contracts

District(s):                                   All

This is a Best Value, service type contract

Purchasing & Strategic Sourcing Department recommend extension to Heist Disposal, Inc. and Freidman Recycling Company, the bidders offering the best value bid.

All Districts

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1181

Environmental Services & Code Enforcement, Ellen Smyth, (915) 212-6060

(Attachment)

CONSENT AGENDA - BIDS:

16.

Goal 3: Promote the Visual Image of El Paso

16.1.

The award of Solicitation No 2016-338 Fertilizer to Justin Seed Co. for an initial three (3) year term estimated award of $253,947.00.  The award is to include a two (2) year optional amount of $169,298.00 for a total five (5) year award of $423,245.00. The initial performance period is January 12, 2016, through January 11, 2019.

Department:                            Parks and Recreation

Award to:                                 Justin Seed Co          

                                                Justin, TX

Item(s):                                    All

Initial Term:                             3 years

Option to Extend:                    2 years

Annual Estimated Amount:     $84,649.00     

Initial Term Estimated Award: $253,947.00 (3 Years)

Total Estimated Amount:        $423,245.00 (5 years)

Account No.:                           451-51295-531130-1000-P5120        

Funding Source:                     General Fund

District(s):                                All

This is a Low Bid, unit price contract.

The Purchasing & Strategic Sourcing Department and Parks and Recreation Department recommend award as indicated to Justin Seed Co., the lowest responsive, responsible bidder. In accordance with this award the City Manager or designee is authorized to exercise future options if needed.

All Districts

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1181                       

Parks & Recreation, Tracy Novak, (915) 212-1708

(Attachment)

17.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

17.1.

The Capital Improvement and Purchasing & Strategic Sourcing Department recommend rejection of all bids received for Solicitation No. 2015-1061, Curb Ramps and Sidewalk Gap Program – District 2, Phase 2.

The bids (13) received were higher than the project budget.

District 2

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1181

Capital Improvement, Monica Lombrana, (915) 212-1826

(Attachment)

MAYOR’S PROCLAMATIONS

1.

Chaplain Sam Faraone Day

2.

National Mentoring Day

3.

Coronado High School “Borderize” 2nd Annual Youth Symposium Day

RECOGNITIONS

Mr. Carlos Sanchez-Parra

8:00 A.M. – 8:30 A.M. 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 http:/www2.elpasotexas.gov/municipal-clerk/signup_form.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.

REGULAR AGENDA - OTHER BUSINESS

18.

MAYOR AND COUNCIL

18.1.

Discussion and action on right of way encroachment on Manor Place and Alameda.

Representative Emma Acosta, (915) 212-0003

(Attachment)

18.2.

Discussion and action on the status, readiness and commencement of the previously awarded;

1)  Independence Drive pedestrian and bicycle enhancements

2)  Riverbend Drive pedestrian and bicycle enhancements

Representative Lily Limón, (915) 212-0007

Representative Cortney Niland, (915) 212-0008 

(Attachment)

REGULAR AGENDA - FIRST READING OF ORDINANCES

INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER:

Public comment typically is not taken during the first reading of ordinances. Public comments are invited at the date of the scheduled public hearing. Public Hearings will be held as part of the regular City Council meeting that begins at approximately 8:00 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, 300 N. Campbell, Monday through Thursday, 7:00 a.m. to 6:00 p.m.

19.

Goal 3: Promote the Visual Image of El Paso:

19.1.

An Ordinance granting Special Permit No. PZST15-00036, to permit a group residential facility on the property described as Lot 4, Block 7, Pebble Hills Subdivision, 10628 Drillstone Drive, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.265 Group Residential Facilities of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 10628 Drillstone Drive. Property Owner: Ana Luisa Vega. PZST15-00036

District 3

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Michael McElroy, (915) 212-1612

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 9, 2016

REGULAR AGENDA - OTHER BUSINESS

20.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

20.1.

Presentation for Animal Shelter reform.

Environmental Services, Ellen A. Smyth, (915) 212-6060

(Attachment)

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

21.

Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community

21.1.

Discussion and action on the request that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order(s) to Spectrum Technologies, Inc., the sole source for transitional maintenance and support of the existing copier fleet for $30,000 and for services to reformat the hard drives of 155 existing copiers to delete the information stored on the drives for $22,475.00 for a total initial term amount of $52,475.00. The award includes two optional periods for transitional maintenance and support in the amount of $18,000 for a total of $70,475.00.

Department:                                    Information Technology

Award to:                                         Spectrum Technologies, Inc.

                                                         El Paso, Texas

Option periods:                                2

Option Amounts:                             $9,000 per period ($18,000)

Initial Term  Amount:                       $52,475.00

Total Estimated Award:                   $70,475.00

Account no.                                     522090

Funding Source:                              General Fund - Non departmental

District(s):                                        All

Reference No.:                                2016-534

This is a Sole Source service purchase.

All Districts

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1181

Information Technology, Enrique Martinez, (915) 212-1400

(Attachment)

22.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

22.1.

Discussion and action on the award of Solicitation No. 2016-008 City Wide New Median Maintenance to Border TM Industries, Inc. dba Xceed Resources (Groups 1, 2, and 3)  and Prime Irrigation & Landscaping, Inc. (Group 4) for an initial term estimated award of $2,263,683.04.  The award is to include a two (2) year optional amount of $2,263,683.04 for a total four (4) year award of $ 4,527,366.08.

Department:                                 Streets and Maintenance

Award to:     (Vendor #1)             Border TM Industries, Inc. dba Xceed

                                                     Resources

                                                     El Paso, TX

Item(s):                                         Groups 1, 2 and 3

Initial Term:                                  2 years

Option to Extend:                         2 years

Annual Estimated Award:            $1,099,341.52

Initial Term Estimated Award:                 $2,198,683.04 (2 years)

Total Estimated Award:               $4,397,366.08 (4 years)

Award to:     (Vendor #2)             Prime Irrigation & Landscaping, Inc.

                                                     El Paso, TX

Item(s):                                         Group 4

Initial Term:                                  2 years

Option to Extend:                         2 years

Annual Estimated Award:           $32,500

Initial Term Estimated Award:                $65,000 (2 years)

Total Estimated Award:              $130,000 (4 years)

Total Annual Estimated Award:  $1,131,841.52

Initial Term Estimated Award:                $2,263,683.04 (2 years)

Total Estimated Award:              $4,527,366.08 (4 years)

Account No.:                           532 – 32120 - 522210 – 2305 – P3215

Funding Source:                         Environmental Fee – Groundskeeping Horti

                                                    Contracts

District(s):                                    All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing Department and Streets and Maintenance recommend that Green Scene Inc. be disqualified as non-responsive and Evergreen Lawn Service be disqualified as non-responsible and the contract be awarded as indicated to Border TM Industries, Inc. dba Xceed Resources (Groups 1, 2 and 3) and Prime Irrigation & Landscaping, Inc. (Group 4), the bidders offering the best value bid. In accordance with this award the City Manager or designee is authorized to exercise future options if needed.

All Districts

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1181

Streets & Maintenance, Ted Marquez, (915) 212-0119

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

23.

Goal 3: Promote the Visual Image of El Paso

23.1.

An Ordinance changing the zoning of the following parcels: Parcel 1: Tract 6A2A, Section 33, Block 79, Township 2, Texas and Pacific Railway Company Surveys, North of Montana Avenue and East of State Jail Road, City of El Paso, El Paso County, Texas, from R-F (Ranch-Farm) to C-4 (Commercial); and, Parcel 2: Tract 11C1, Section 34, Block 79, Township 2, Texas and Pacific Railway Company Surveys, 12525 Montana Avenue, City of El Paso, El Paso County, Texas, from R-F (Ranch-Farm) to C-4 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: Parcel 1: North of Montana Avenue and East of State Jail Road. Parcel 2: 12525 Montana Avenue. Property Owners: Robert Barron, Armando Barron, and Daniel Barron. PZRZ15-00029

District 5

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Michael McElroy, (915) 212-1612

(Attachment)

23.2.

An Ordinance amending Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations) Section 20.10.200 (Energy Conversion Systems) Subsection B. (Wind-Driven Generators Or Wind-Driven Pumps) to revise and add location and height requirements.

All Districts

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

23.3.

An Ordinance granting Special Permit No. PZST15-00032 to allow an energy conversion system with wind-driven generators on the property described as Lot 1, Block 1, Poe Subdivision, 6330 Montana Avenue, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.200 Energy Conversions Systems of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 6330 Montana Avenue. Property Owner: Poe Investments, LTD. PZST15-00032

District 3

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

23.4.

An Ordinance granting Special Permit No. PZST15-00037, to allow for infill development with a reduction in lot area and lot width on the property described as Lot 9, Block 13, A Revised Map of Sahara Subdivision , 5632 Saluki Drive, City of El Paso, El  Paso County, Texas, pursuant to Section 20.10.280 Infill Development of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 5632 Saluki Drive. Property Owner: Ricardo Benavente Jr. PZST15-00037

District 4

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Adriana Martinez, (915) 212-1611

(Attachment)

23.5.

An Ordinance changing the zoning of a portion of Tract 1-B, Lying in Section 45, Block 79, Township 2, Texas and Pacific Railroad Company Surveys, City of El Paso, El Paso County, Texas from R-3 (Residential) to C-1 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: North of Zaragoza Road and East of Tierra Este Road. Property Owner: El Paso Electric Company. PZRZ15-00031

District 5

Planning & Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Andrew Salloum, (915) 212-1613

(Attachment)

23.6.

An Ordinance amending Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations) Section 20.10.060 (Alcohol Beverages), Subsection B. (Restrictions), to revise the alcohol sales prohibition within 300 feet of a church, school, commercial day care or public hospital.  The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

All Districts

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Arturo Rubio, (915) 212-1613

(Attachment)

23.7.

An Ordinance amending Title 20 (Zoning), Chapter 20.12 (Density and Dimensional Standards), Section 20.12.020 (Table of Density and Dimensional Standards), Appendix B, Subpart C (Building Setbacks) to revise the minimum front yard setback for the A-O (Apartment-Office) zoning district and the minimum rear yard setback for the C-2 (Commercial) zone districts for “Other Permitted Uses”.  The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

All Districts

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Arturo Rubio, (915) 212-1613

(Attachment)

23.8.

An Ordinance amending Title 20 (Zoning), Chapter 20.18 (Sign Regulations), Article IV (On-Premise Sign Regulations), Section 20.18.460 (C-5 District), Subsection F (Perpendicular Signs), to amend the sign standards for perpendicular signs located in the C-5 zoning district.   The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

All Districts

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Arturo Rubio, (915) 212-1613

(Attachment)

23.9.

An Ordinance amending Title 20 (Zoning), Chapter 20.02 (General Provisions and Definitions), Chapter 20.16 (Screening and Fencing), Section 20.16.020 (Mandatory Walls) Subsections A, B and H to amend the screening and fencing requirements.   The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

All Districts

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Arturo Rubio, (915) 212-1613

(Attachment)

24.

Goal 7: Enhance and Sustain El Paso’s Infrastructure Network

24.1.

An Ordinance authorizing the City Manager to sign a Deed and any other documents necessary to convey to the State of Texas, acting by and through the Texas Transportation Commission, a 0.1952 acre parcel of land situated in the John Barker Survey, Number 10, Abstract Number 7, El Paso County, Texas, being part of Lot 13 of La Calavera Settlement, an addition to the City of El Paso, El Paso County, Texas, said parcel to be included in the Loop 375 Border West Highway Project.

District 8

El Paso Water Utilities, Cynthia Osborn, (915) 594-5636

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

25.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

25.1.

Discussion and action that the City Manager be authorized to execute a Chapter 380 Construction Sales Tax Rebate Agreement between the City of El Paso and JJ Scott Investments LLC, a Texas Limited Liability Company, pursuant to the City’s Infill Development Incentive Policy, for the construction of a 17,196 sq feet, 24-unit apartment complex on a vacant lot at 1061 Ranger Trail Lane, 79907.

District 7

Economic and International Development, Cary Westin, (915) 212-1614

Economic and International Development, Jessica Herrera, (915) 212-1624

(Attachment)

25.2.

Discussion and action that the City Manager be authorized to execute a Tax Abatement Agreement between the City of El Paso and JJ Scott Investments LLC, a Texas Limited Liability Company, pursuant to the City’s Infill Development Incentive Policy, for the construction of a 17,196 sq feet, 24-unit apartment complex on a vacant lot at 1061 Ranger Trail Lane, 79907.

District 7

Economic and International Development, Cary Westin, (915) 212-1614

Economic and International Development, Jessica Herrera, (915) 212-1624

(Attachment)

26.

Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

26.1.

1. Discussion and action that the 2016 Public Art Plan for the City of El Paso, Texas ("the Plan"), be and is hereby officially adopted.

2. That the Plan includes new projects to be initiated in the 2016 fiscal year, and describes the planned location, proposed budget, timetable and artist selection process for each project, and contains updates on public art projects in progress.

3. That adoption of the Plan is fully funded through, 2010, 2011, 2012 and 2013 certificates of obligation and the 2012 Street Infrastructure and the 2012 Quality of Life Bonds.

4. That the City Manager or a designee is authorized to enter into contracts to carry out the Plan.

All Districts

Museums and Cultural Affairs, Tracey Jerome, (915) 212-1783

(Attachment)

27.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

27.1.

Discussion and action regarding a Resolution that the City Attorney be authorized to file an Unclaimed Money Fund Corporate Claim Form on behalf of the City of El Paso and a statement in lieu of the standard Indemnity Agreement required by the State of Texas agreeing to reimburse the State of Texas if the funds obtained in connection with the claim are subsequently found not to be the property of the City of El Paso.

All Districts

City Attorney's Office, Sylvia Borunda Firth, (915) 212-0033

(Attachment)

28.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

28.1.

Presentation Update from Housing Authority of the City of El Paso (HACEP) on the Rental Assistance Demonstration (RAD) program.

All Districts

Community and Human Development, Verónica R. Soto, (915) 212-0138

(Attachment)

EXECUTIVE SESSION

The City Council of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following: (The items listed below are matters of the sort routinely discussed in Executive Session, but the City Council of the City of El Paso may move to Executive Session any of the items on this agenda, consistent with the terms of the Open Meetings Act and the Rules of City Council.) The City Council will return to open session to take any final action and may also, at any time during the meeting, bring forward any of the following items for public discussion, as appropriate.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

EX1.

San Jacinto Plaza Redesign, Solicitation No. 2014-043; Matter No. 12-1004-214 (551.071)

City Attorney’s Office, Sylvia Borunda Firth, (915) 212-0033

EX2.

Barron Park, Contract No. 2014-007; Matter No. 13-1004-392 (551.071)

City Attorney's Office, Sylvia Borunda Firth, (915) 212-0033

EX3.

SOAH Docket 473-15-5257 PUC Docket No. 44941 –Application of El Paso Electric Company to Change Rates and SOAH DOCKET NO. 473-16-1685 PUC DOCKET NO. 45475, Review of Rate Case Expenses Incurred by El Paso Electric Company and Municipalities in Docket 44941 (551.071)

City Attorney’s Office, Sylvia Borunda Firth, (915) 212-0033

EX4.

Update and Revisions to Northgate TOD Project.  (551.087)

Economic and International Development, Cary Westin, (915) 212-1614

EX5.

Margarita Cabrera; Claim Matter No. 15-1051-217 (551.071)

City Attorney’s Office, Laura P. Gordon, (915) 212-0033

EX6.

EP Hotel Partners, LP et al v. City of El Paso, EP Vida, LLC, County Court at Law No. 5; Cause No. 2014DCV0727 (551.071)

City Attorney’s Office, Laura P. Gordon, (915) 212-0033

EX7.

Real estate acquisitions for the 2012 Quality Of Life signature projects (Multipurpose Cultural and Performing Arts Center, Children’s Museum and Hispanic Cultural Center) (551.071, 551.072)

City Attorney's Office, Theresa Cullen, (915) 212-0033

ADDITIONS TO THE AGENDA

ADDITION TO THE AGENDA FOR

REGULAR COUNCIL MEETING

COUNCIL CHAMBERS, CITY HALL

Tuesday, January 12, 2016

8:00 AM

CONSENT AGENDA - RESOLUTIONS:

1.

Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development

1.1

That the City Manager  is authorized to execute a Contract of Sale between GREYHOUND LINES, INC. (“Seller”) and the CITY OF EL PASO (“Buyer”), for the purchase of the real property municipally known and numbered as 201 W. Main Street, El Paso, El Paso County, Texas.  The purchase price shall be $1,270,000.00 and all other terms and conditions shall be accordance with the “Proposed Term Sheet for Acquisition of 201 W. Main” attached to the Resolution as Exhibit “A” and in form and substance approved the City Attorney.   The City Manager is further authorized to sign any all documents approved by the City Attorney necessary to consummate the purchase, make all necessary and appropriate budget transfers and appropriate necessary funds.

District 8

Museums and Cultural Affairs, Tracey Jerome, (915) 212-1783

(Attachment)

1.2

The City Manager is authorized to execute a Bus Maintenance Facility Lease Agreement between the CITY OF EL PASO (“Landlord) and GREYHOUND LINES, INC. (“Tenant”) for a portion of the Sun Metro Site and Building at 700A San Francisco Avenue, El Paso, Texas, in accordance with the “Proposed Term Sheet For Lease Of Bus Maintenance Facilities At 700A San Francisco Ave, El Paso, Texas” attached  to the Resolution as Exhibit “A”  and in  form and substance approved by the City Attorney.  The City Manager is further authorized to sign any and all additional documents approved by the City Attorney necessary to consummate the lease,  to make all necessary and appropriate budget transfers and to appropriate necessary funds.

District 8

Mass Transit, Jay Banasiak, (915) 212-3300

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENT:

2.

Goal 6: Set the Standard for Sound Governance and Fiscal Management

2.1.

Adolpho Telles to the Ethics Review Commission by Representative Michiel R. Noe, District 5.

Representative Michiel R. Noe, (915) 212-0005

(Attachment)

EXECUTIVE SESSION

The City Council of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following: (The items listed below are matters of the sort routinely discussed in Executive Session, but the City Council of the City of El Paso may move to Executive Session any of the items on this agenda, consistent with the terms of the Open Meetings Act and the Rules of City Council.) The City Council will return to open session to take any final action and may also, at any time during the meeting, bring forward any of the following items for public discussion, as appropriate.

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

ADJOURN

NOTICE TO THE PUBLIC:

Sign Language interpreters are provided for regular City Council meetings. Copies of this Agenda will be provided in Braille, large print, or audiotape upon requests made a minimum of 48 hours prior to the meeting.

Hearing Assistance Devices are available upon request.

ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET EVERY THURSDAY AT THE ADDRESS BELOW:

http://www.elpasotexas.gov/