City Council

Dee Margo

Peter Svarzbein, District 1

Mayor

Alexsandra Annello, District 2

Cassandra Hernandez-Brown, District 3

Sam Morgan, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz Perez, District 6

Henry Rivera, District 7

Cissy  Lizarraga, District 8

January 23, 2018

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

January 22, 2018

12:00 PM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

Students from Boy Scout Troop 27, at the invitation of the Mayor

RECOGNITIONS BY MAYOR

RECOGNITIONS

City Employees

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

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 January 9, 2018, the Legislative Review Meeting of the Whole of January 8, 2018, and the City Council Work Session of January 8, 2018.

All Districts

City Clerk's Office, Laura D. Prine, (915) 212-0049

(Attachment)

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

REQUEST TO EXCUSE ABSENT COUNCIL MEMBERS:

CONSENT AGENDA - RESOLUTIONS:

3.

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

3.1.

That the City Manager be authorized to sign a First Amendment to Lease between the City and La Posada Home, Inc. for the property at 1926-1930 Bassett Avenue, El Paso, El Paso Texas, to provide affordable housing for rapid rehousing clients and to extend the term of the lease.

District 8

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

Economic and International Development, Eddie Garcia, (915) 212-1570

(Attachment)

4.

Goal 3: Promote the Visual Image of El Paso

4.1.

Request that City Manager is authorized to sign the Takeover Agreement between the City and Westchester Fire Insurance Company ("Surety"), for the Surety to complete the Ramos Court, Little Flower and Manning Way Street Improvement project services through the Completion Contractor, Venegas Engineering Management and Construction, Inc., pursuant to the terms of Contract No. 2014-391 and the responsibilities of the Performance Bond for the remaining contract amount of $257,433.34.

District 3

Capital Improvement, Sam Rodriguez, (915) 212-0065

(Attachment)

5.

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

5.1.

Requesting City Council’s approval to issue a solicitation using the Construction Manager-at-Risk delivery method for the construction of the Aquatic Centers: District #1 and District #4 project.

Districts 1 and 4

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

Capital Improvement, Sam Rodriguez, (915) 212-1808

(Attachment)

5.2.

Requesting City Council’s approval to issue a solicitation using the Design-Build alternative delivery method for the construction of the Eastside Regional Park - Phase II project.

District 5

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

Capital Improvement, Sam Rodriguez, (915) 212-1808

(Attachment)

5.3.

Approve a resolution to name the upstairs lobby in the El Paso Museum of History as the "Frank W. Gorman, Jr. Lobby" in honor of Frank W. Gorman Jr. and in recognition of a $50,000 donation to the Museum's endowment by his family in accordance with the Museum's giving guidelines.

All Districts

Museums and Cultural Affairs, Tracey Jerome, (915)212-1766

Museums and Cultural Affairs, Ben Fyffe, (915) 212-1766

(Attachment)

5.4.

Approve a Resolution authorizing the City Manager to sign a donation agreement from the Rio Grande Cancer Foundation to provide sunscreen lotion and dispensers at El Paso City parks and recreation facilities an effort to protect young children and adults from the harmful effects of sun.

All Districts

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

(Attachment)

5.5.

That the City Manager be authorized to begin termination proceedings for the Lease Agreement between the City of El Paso and Teens in Action for a Healthy Community, a non-profit corporation, as Tenant, for the following property: a portion of 43 Ysleta, Tract 1C, El Paso, Texas, more commonly known and numbered 9068 Socorro Road, El Paso, Texas, and to authorize the City Manager to take any and all actions to effectuate the termination and the vacation of the premises.

District 6

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 Stuart C. Cox  Trustee showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2013 taxes and the tax refund in the amount of $9.41 is approved.

 A citizen has applied for a tax refund due to overpayment on December 31, 2013.

The Property Tax Code Section 31.11 states that the Tax collector may issue a refund “within 3 years of the date of the payment” but that “the governing body of the taxing unit may extend the deadline for a single period not to exceed 2 years on a showing of good cause by the taxpayer

All Districts

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

(Attachment)

6.2.

That the City finds that Stuart C. Cox Trustee showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2013 taxes and the tax refund in the amount of $42.78 is approved.  

A citizen has applied for a tax refund due to overpayment on February 28, 2014.  The Property Tax Code Section 31.11 states that the Tax collector may issue a refund “within 3 years of the date of the payment” but that “the governing body of the taxing unit may extend the deadline for a single period not to exceed 2 years on a showing of good cause by the taxpayer.

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 Release  of License  Agreement  for the State of Texas, acting through its Texas Department of Transportation, in which the City releases its interest, if any, in the expired Nov. 3, 1998 License Agreement with Clear Channel Outdoors, a  Delaware  Corporation,  successor  in  interest  to  Eller  Media  Company,  for  the  following described property which parcel is needed for the Border Highway West Expansion Project:

Property (including any structures which have been removed by Licensee) subject to a Nov. 3, 1998 License Agreement:

Lots 1-33, Block 24, Mundy Heights and a portion of the Commercial Street abutting Lots

23-32, Block 24, M, Mundy Heights, Second Revised Map, an addition to the City of El

Paso, El Paso County, Texas.

The State of Texas, on behalf of its Department of Transportation ("TxDOT'), has contracted with Abrams-Kiewit Joint Venture to design and construct the Border Highway West Expansion Project, and that upon completion, the Border Highway West Expansion Project will become a State highway; the construction of the Border Highway West Expansion Project will benefit the community;  The Border Highway West Expansion Project will incorporate a parcel of land owned by the City of El Paso ("City") into the project, and TxDOT is negotiating with the City for the acquisition of the identified parcel;

On  Nov. 3,  1998,  the City  granted  a  license  agreement  to  Eller  Media Company for the display of outdoor advertising signs on the identified City-owned property, and that license agreement has expired; Clear  Channel  Outdoors,  a  Delaware  Corporation  ("Clear  Channel"), claims it is a successor in interest to Eller Media Company under the expired license agreement with the City; and TxDOT has requested that the City release any interest it may have in the expired 1998 License Agreement, and TxDOT will negotiate directly with Clear Channel on the relocation of the billboards;

All Districts

Economic and International Development, Jose Carlos Villalva, (915) 504-5880

(Attachment)

7.2.

That the City Manager is authorized to sign a Temporary Right of Entry Agreement  by and between the City of El Paso and Abrams-Kiewit Joint Venture to allow for the construction of the infrastructure for the Border Highway West Expansion Project on a 1.315 acre parcel, more or less, being all of Lots 3 through 28 and part of Lots 29 through 31, Block 24 of the Second Revised Map of Mundy Heights Addition, to the City of El Paso, El Paso County, Texas.

The State of Texas, on  behalf of its Department of Transportation (TxDOT),  has contracted with Abrams-Kiewit Joint Venture ("AKJV'') to design and construct the Border Highway West Expansion Project, and that upon completion, the Border Highway West Expansion Project will become a State highway; and the construction of  the Border Highway West Expansion Project will benefit the community.  The City of El Paso ("City") has an undivided one-half interest in Parcel 27, and the City also has an undivided one-half interest in Parcel 27 for its own use and benefit of identified taxing entities.  AK.JV acknowledges that it began construction on Parcel 27 without permission from the City to enter onto its property, and it now requesting permission  for a temporary  right-of-entry to complete the Project while TxDOT negotiates for the acquisition of Parcel 27.  AKJV will pay $1,200 per month until the property is sold to TxDOT.  AKJV will also pay $15,600 to bring itself current through January 31st, 2018.

All Districts

Economic and International Development, Jose Carlos Villalva, (915) 504-5880

(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 a resolution of no objection for a 2017 4% Non-Competitive, Low Income Housing Tax Credit application submitted by the Housing Authority of the City of El Paso (HACEP) for the Sun Plaza Apartments located at 1221 E. San Antonio Street to the Texas Department of Housing and Community Affairs (TDHCA).

District 8

Community and Human Development, Nicole Ferrini, 9915) 212-0138

Community and Human Development, Hector Trevino, (915) 212-0139

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

9.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

9.1.

Blanca Gadney-Moss to the Regional Renewable Energy Advisory Council by Representative Sam Morgan, District 4

Representative Sam Morgan, (915) 212-0004

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

10.

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

10.1.

Leticia Arreola to the Civil Service Commission by City Representative Cassandra Hernandez-Brown, District 3

Representative Cassandra Hernandez-Brown, (915) 212-0003

(Attachment)

10.2.

Nicholas Costanzo to the City Employees’ Pension Fund Board of Trustees by Mayor Dee Margo

Mayor Dee Margo, (915) 212-0021

(Attachment)

10.3.

Representative Sam Morgan to the City Employees’ Pension Fund Board of Trustees by Mayor Dee Margo

Mayor Dee  Margo, (915) 212-0021

(Attachment)

10.4.

Representative Cassandra Hernandez-Brown to the City Employees’ Pension Fund Board of Trustees by Mayor Dee Margo

Mayor Dee Margo, (915) 212-0021

(Attachment)

11.

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

11.1.

Patrick Hernandez-Cigarruista to the City Plan Commission  by Representative Sam Morgan, District 4

Representative Sam Morgan, (915) 212-0004

(Attachment)

11.2.

Chris Cummings to the City Plan Commission by City Representative Peter Svarzbein, District 1

Representative Peter Svarzbein, (915) 212-1002

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

12.

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

12.1.

That the tax refunds listed on the attachment posted with this agenda be approved.  This action would allow us to comply with state law which requires approval by the legislative body, of refunds of tax overpayments, greater than $2,500.00.  (See Attachment A).

All Districts

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

(Attachment)

CONSENT AGENDA - REQUEST FOR PROPOSAL:

13.

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

13.1.

Request that the Purchasing Director be authorized to exercise the City’s option to extend current Solicitation No. 2012-306R (PC Time and Management System) to Comprise Technologies, Inc. for one (1) additional a year pursuant to the provisions of an award approved by the City Council on December 11, 2012.  The extended contract period will be from January 23, 2018 to January 22, 2019.  Libraries use this software for services that allow sharing of public-use computer services, minimal monitoring by staff, Internet access for patrons and recovery of cost of printed materials. The previous annual licensing and support was $11,071.00.  Filter subscription and coin & bill tower licensing and support increased this year’s annual licensing and support cost to $15,227.16. This is an increase of $4,156.16.

Department:                                         Library

Award to:                                              Comprise Technologies, Inc.

Vendor Location:                                  Navesink, NJ

Item(s):                                                 All

Option:                                                  One year

Annual Estimated Amount:                  $ 15,227.16

Total Estimated Award:                        $ 15,227.16

Account No.:                                        999-1000-15240-522020-P1506

Funding Source:                                   FY Library General Fund

District(s):                                             All

This is a Request for Proposal, Software contract.

All Districts

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

Libraries, Mark Pumphrey, (915) 212-13207

(Attachment)

CONSENT AGENDA - BIDS:

14.

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

14.1.

The award of Solicitation No. 2018-697 Happiness Senior Center Improvements to VonanZa Construction, LLC for a total award of $488,183.00. The exterior improvements will include new landscaping, irrigation system a new accessible ramp and renovation of the front patio. The interior improvements will include new plumbing, installation of a new accessible stage, a new HVAC system, installation of alarm system and upgrading of electrical and IT systems, as well as the construction of a new multipurpose room.

Department:    Capital Improvement

Award to:                     VonanZa Construction, LLC

                                    El Paso, TX

Item(s):                        All

Term:                          120 Consecutive Calendar Days

Total Award:    $488,183.00

Account No.:   471 – 71240 - 580270 – 2400 – G7142CD16

Funding Source:         Community Development Block Grant Project 42nd Year

District(s):                    7

This is a Low Bid, Lump Sum Contract.

The Purchasing & Strategic Sourcing Department and Capital Improvement recommend award as indicated to VonanZa Construction, LLC the sole responsive, responsible bidder.

It is requested 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 award.

As a part of this award, upon the review of the City Attorney, the City Engineer may without further authorization from City Council approve contract changes which are necessary for proper execution of the work and carrying out the intent of the project, which are in accordance with applicable law, do not make changes to the prices and are within the appropriate budget.

District 7

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

Capital Improvement, Sam Rodriguez, (915) 212-1808

(Attachment)

15.

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

15.1.

The award of Solicitation 2018-623 Neighborhood Improvement Program (NIP) – III Coach Jack D. Quarles Park to PRIME IRRIGATION & LANDSCAPE, INC., for an estimated total award of $160,853.43. The project consists of the installation of a new irrigation system, Bermuda hydro seeding, 3-inch caliper trees, screening, and boulders.

Department:    Capital Improvement

Award to:                     PRIME IRRIGATION & LANDSCAPE, INC.

                                    El Paso, TX

Item(s):                        All

Initial Term:     120 Consecutive Calendar Days

Base Bid I:                   $156,007.68

Option 1:                     $    4,845.75

Total Estimated Award:          $160,853.43

Account No.:   190-29010-580270-4800-PCP16NIPD84

Funding Source:         2012 Quality of Life Bond

District(s):                    8

This is a Low bid, unit price contract.

The Purchasing & Strategic Sourcing and the Capital Improvement Departments recommend award as indicated to PRIME IRRIGATION & LANDSCAPE, INC., the lowest responsive, responsible bidder and that Martinez Irrigation & landscapes, Inc., be deemed non-responsive for its failure to submit a complete bid.

It is requested that the City Manager be authorized to establish the funding sources, make any necessary budget transfers, and execute any and all documents necessary for execution of this award.

Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity. The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.

As a part of this award, upon the review of the City Attorney, the City Engineer may without further authorization from City Council approve contract changes which are necessary for proper execution of the work and carrying out the intent of the project, which are in accordance with applicable law, do not make changes to the prices and are within the appropriate budget.

District 8

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

Capital Improvement Department, Sam Rodriguez, (915) 212-1845

(Attachment)

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 - 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 Friday, 8:00 a.m. to 5:00 p.m.

16.

Goal 3: Promote the Visual Image of El Paso:

16.1.

An Ordinance changing the zoning of A Portion of Tract 1X, Block 1, Ascarate Grant, 2210 Trawood Dr., City of El Paso, El Paso County, Texas from R-F (Ranch-farm) to P-R1 (Planned Residential). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 2210 Trawood Dr. Owner: Vista Hills Country Club. PZRZ17-00021

District 7

Planning and Inspections; Victor Morrison-Vega, (915) 212-1553

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 20, 2018

16.2.

An Ordinance amending the Future Land Use Map contained in “Plan El Paso” for certain properties located South of Trawood Drive and West of Lee Trevino Drive, as identified in Exhibit “A”, from O1, Preserve, to G4, Suburban. Property Owner: Vista Hills Country Club. PLCP17-00007

District 7

Planning and Inspections, Victor Morrison-Vega, (915) 212-1553

Planning and Inspections, Karina Brasgalla, (915) 212-1604

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 20, 2018

16.3.

An Ordinance granting Special Permit No. PZST17-00026, to allow for a Lubricant and Fuel Storage & Distribution Facility, classified as Storage & dispensing of Liquefied petroleum gas on the property described as A Portion of Lot 4, Block 300, Vista del Sol Unit 62 Replat A, 11535 Cedar Oak Dr., City of El Paso, El Paso County, Texas, Pursuant to Section 20.10.240 of the El Paso City Code. The penalty being as provided for in chapter 20.24 of the El Paso City Code. Subject Property: 11535 Cedar Oak Dr. Property Owner: El Paso Bulk Plant Property, LLC. PZST17-00026

District 7

Planning and Inspections; Victor Morrison-Vega, (915) 212-1553

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 20, 2018

16.4.

An Ordinance changing the zoning of Lots 13, 14, and 15, Block 4, Collins Worth Subdivision Supplemental Map, 6110 Alameda Ave. an Addition to the City of El Paso, El Paso County, Texas from R-4 (Residential) & C-4 (Commercial)  to C-4 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 6110 Alameda Ave. Property Owner: Armando & Juan Olivas PZRZ17-00023

District 3

Planning and Inspections; Victor Morrison-Vega, (915) 212-1553

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 20, 2018

17.

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

17.1.

An Ordinance amending Ordinance No. 018746 regarding deadlines and procedures for placing matters on the Agenda for City Council Meetings to require concurrence of two additional City Council Members in order for a Council Member to place an item on the City Council Agenda.

All Districts

Mayor Dee Margo, (915) 212-0021

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 6, 2018

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

18.

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

18.1.

Discussion and action on the request that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue purchase order(s) to The Revenue Markets Inc. dba TRMI Systems Integration, the sole source provider for the Toll Collection System (TCS) software and hardware.  International Bridges is 1) requesting that Revenue Markets, Inc. (TRMI) create an API into the Toll Collection System so that the One Stop Shop can develop an application that will be used to create accounts and issue tags for El Paso Toll Collection System (TCS) customers, and 2) purchasing a 4-port reader/antenna to read Radio Frequency I.D. (RFID) Tags for the pre-paid Automated Vehicle Identification (AVI) program.  Use of AVI tags contribute to faster throughput and reduced wait times at the International Bridges.  Marketing of this program is ongoing through use of the Department’s web page and use of dynamic messaging at the Bridges; programmed marketing includes use of targeted ads in local newspapers & the University of Texas at El Paso (UTEP) Prospector, as well as use of fliers at the Bridges, Airport & UTEP and Mayor & Council newsletters, and informational videos on City TV.

Department:                                  International Bridges

Award to:                                      The Revenue Markets, Inc. dba TRMI                                                       Systems Integration

                                                      Accord, NY

Total Estimated Award:                $55,748.40

Account No.:                                 190-3350-32000-580100-PCP18IB001                                                       ($39,546.00)

                                                      564-3300-64830 532060 ($16,202.40)

Funding Source:                           Data Processing Equipment

                                                      Office Equipment – Maintenance & Repairs

District(s):                                     6 & 8

Sole Source No:                           2018-970

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.

Districts 6 and 8

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

International Bridges, Monica Lombrana, (915) 201-7501

(Attachment)

19.

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

19.1.

Discussion and action that the City Manager be authorized to sign an Agreement for professional  services and construction administration services by and between the CITY OF EL PASO and Parkhill, Smith, & Cooper, Inc., a Texas Corporation, for a project known as "EL PASO REGIONAL AQUATIC FACILITIES: LIONEL FORTI, CHELSEA, DISTRICT 1 AND 4", for an amount not to exceed ONE MILLION FIVE HUNDRED SEVENTEEN THOUSAND SIX HUNDRED SIXTY NINE AND  00/100  DOLLARS ($1,517,669.00); and that the City Engineer be authorized to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00) and to approve Additional Services for an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00) if such services are necessary for the proper execution of the project and that the increased amounts are within the appropriate budgets of the project for a total amount of One Million Six Hundred Seventeen Thousand Six Hundred Sixty Nine and 00/100 Dollars ($1,617,669.00); 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.

Districts 1, 2, 4, and 7

Capital Improvement, Sam Rodriguez, (915) 212-0065

(Attachment)

20.

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

20.1.

Discussion and action that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue a purchase order to Accela, Inc., the sole source provider of technical support and maintenance for all Accela software products licensed to the City of El Paso, Texas.  This is for annual maintenance and support of the Accela software system used by multiple City Departments for Licensing, Permit, and Code Enforcement.  

Department:                         Information Technology Services

Award to:                             Accela, Inc.

                                             San Ramon, CA

Total Estimated Award:       $491,826.82 (1 year)

Account No.:                        999-1000-15240-P1506-522020

Funding Source:                  Data Processing Services Contracts

District(s):                            All

Sole Source No:                  2018-969

This is a Sole Source purchase.

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.

All Districts

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

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

(Attachment)

21.

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

21.1.

Discussion and action to award Solicitation 2018-615 Street Resurfacing 2018 to J.A.R. CONCRETE, INC. DBA JAR Construction, Inc. for an estimated award of $31,902,137.50. This contract consists of paving selected streets, updating pedestrian elements, and replacing damaged parkways. This contract consists of the implementation of the resurfacing component of the 2012 Street Infrastructure Plan and resurfacing of selected segments of the Top 25 Most Traveled Arterials as approved by the City Council on October 16, 2017.

Department:                            Capital Improvement

Award to:                                J.A.R. CONCRETE, INC. DBA JAR Construction, Inc.

                                                El Paso, TX

Item(s):                                   All

Term:                                      730 Consecutive Calendar Days

Base Bid I:                              $ 17,353,250.00

Base Bid II:                             $ 14,548,887.50

Total Estimated Award:          $31,902,137.50

Account No.:                           PCP18ST007 – 532030 – 190 – 4740 – 28900               

                                                PCP13ST002RSY7 – 532030 – 190 – 4740 – 28900               

                                                PCP13ST002RSY6 – 532030 – 190 – 4740 – 28900              

Funding Source:                     2013 Street Infrastructure

District(s):                               All

This is a Competitive Seal Proposal, Unit price contract.

The Purchasing & Strategic Sourcing and Capital Improvement Departments recommend award as indicated to J.A.R. CONCRETE, INC. DBA JAR Construction, Inc. the bidder offering the best value bid.

It is requested 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 award.

Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity. The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.

As a part of this award, upon the review of the City Attorney, the City Engineer may without further authorization from City Council approve contract changes which are necessary for proper execution of the work and carrying out the intent of the project, which are in accordance with applicable law, do not make changes to the prices and are within the appropriate budget.

All Districts

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

Capital Improvement, Sam Rodriguez, (915) 212-1808

(Attachment)

21.2.

Discussion and action that the City Manager be authorized to sign an Agreement for professional services by and between the CITY OF EL PASO and Data Transfer Solutions, LLC., for a project known as "PAVEMENT CONDITIONS INDEX ASSESSMENT", for an amount not to exceed SEVEN HUNDRED THIRTY EIGHT THOUSAND NINE HUNDRED TWENTY FIVE AND 00/100 DOLLARS ($738,925.00); and that the City Engineer be authorized to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00) and to approve Additional Services for an amount not to exceed Fifty Thousand and 00/100 Dollars ($50,000.00) if such services are necessary for the proper execution of the project and that the increased amounts are within the appropriate budgets of the project for a total amount of Eight Hundred Thirty Eight Thousand Nine Twenty Five and 00/100 Dollars ($838,925.00); 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.

All Districts

Capital Improvement, Sam Rodriguez, (915) 212-0065

(Attachment)

21.3.

Discussion and action to award Solicitation No. 2018-712 City Wide New Median Maintenance to Abescape Landscaping, LLC, Border TM Industries Inc. dba Xceed Resources, and MG Evergreen, LLC for an initial term estimated award of $3,369,400.95. The award is to include a two (2) year optional amount of $2,010,267.26 for a total five (5) year award of $5,379,668.21. This contract will supplant current contract for the maintenance of City Right of Way Medians located throughout the City, including additional right of way medians that have been added as a result of City projects.

Contract Variance:

The difference in cost, based on the comparison to the annual usage from previous contract, is as follows:

Group I decreased by $153,636.28, Group II decreased by $232,796.74, Group VI decreased by $62,000, resulting in a total annual savings of $448,433.02.

Group III, IV, V, and VII are new additions to the contract, no prior contract available.

Department:                                     Streets and Maintenance

Award to:               (Vendor #1)       Abescape Landscaping, LLC

                                                         El Paso, TX

Item(s):                                            Group VI and VII

Initial Term:                                      3 years

Option to Extend:                             2 years

Annual Estimated Award:                $173,000.00

Initial Term Estimated Award:         $519,000.00 (3 years)

Option Total:                                    $346,000.00 (2 years)

Total Estimated Award:                   $865,000.00 (5 years)

Award to:              (Vendor #2)        Border TM Industries Inc. dba Xceed Resources

                                                         El Paso, TX

Item(s):                                            Group III and IV

Initial Term:                                      3 years

Option to Extend:                             none

Annual Estimated Award:                $118,000.02

Initial Term Estimated Award:         $354,000.06 (3 years)

Total Estimated Award:                   $354,000.06 (3 years)

Award to:               (Vendor #3)       MG Evergreen, LLC

                                                         El Paso, TX

Item(s):                                            Group I, II, and V

Initial Term:                                      3 years

Option to Extend:                             2 years

Annual Estimated Award:                $832,133.63

Initial Term Estimated Award:         $2,496,400.89 (3 years)

Option Total:                                    $1,664,267.26 (2 years)

Total Estimated Award:                   $4,160,668.15 (5 years)

Total Annual Estimated Award:       $1,123,133.65

Initial Term Estimated Award:         $3,369,400.95 (3 years)

Option Total:                                    $2,010,267.26 (2 years)

Total Estimated Award:                   $5,379,668.21 (5 years)

Account No.:                                    532 – 32120 - 532020 – 2305 – P3215

Funding Source:                              Streets and Maintenance – General Funds

District(s):                                        All

This is a Best Value, unit price type contract.

The Purchasing & Strategic Sourcing and Streets and Maintenance Departments recommend award as indicated to Abescape Landscaping, LLC, Border TM Industries Inc. dba Xceed Resources, and MG Evergreen, LLC, the bidders offering the best value bids.

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 and Maintenance, Richard J. Bristol, (915) 212-7000

(Attachment)

22.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

22.1.

Discussion and action on the award of Solicitation No. 2018-704 Blackie Chesher Park Improvements to Horizone Construction I, Ltd for a total award of $573,488.35. The project consist of new amenities and connectivity for the park, the local school and surrounding neighborhoods. The improvements consist of demolition, earthwork, concrete accessible pathway from Geranium Drive to Escobar Drive, lighting, retaining walls, trees, shrubs and irrigation systems, the installation of park benches, trash receptacles and pet waste dispensers.

Department:                               Capital Improvement

Award to:                                   Horizone Construction I, Ltd

                                                   El Paso, TX

Item(s):                                      All

Total Award:                              $573,488.35

Account No.:                              471 – 71240 - 580270 – 2400 – G7142CD19

Funding Source:                        Community Development Block Grant 42nd Year

District(s):                                  6

This is a Low Bid, Unit Price Contract.

The Purchasing & Strategic Sourcing Department and Capital Improvement recommend award as indicated to Horizone Construction I, Ltd, the lowest responsive, responsible bidder.

It is requested 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 award.

Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity. The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.

As a part of this award, upon the review of the City Attorney, the City Engineer may without further authorization from City Council approve contract changes which are necessary for proper execution of the work and carrying out the intent of the project, which are in accordance with applicable law, do not make changes to the prices and are within the appropriate budget.

District 6

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

Capital Improvement, Sam Rodriguez, (915) 212-1808

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

23.

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

23.1.

An Ordinance that the City Manager be authorized to sign a Contract of Sale between the City of El Paso and Weststar Bank, a Texas banking corporation, for the purchase described as a portion of lots 14 and 15, block 12, Womble Addition El Paso, El Paso County, Texas, and any other documents necessary to complete the sale to Weststar Bank. On August 30, 2011 the City of El Paso entered into a five year lease agreement with Weststar Bank for the use of property located on 5604 Paisano Dr. Pursuant to the lease agreement Weststar Bank has exercised its option to purchase the property. The sale price is $15,300. [POSTPONED FROM 12-19-2017]

District 3

Economic & International Development, Jose Carlos Villalva, (915) 212-1631

(Attachment)

24.

Goal 3: Promote the Visual Image of El Paso

24.1.

An Ordinance granting Special Permit No. PZST16-00038, to allow for infill development with reductions in rear yard setback, side yard setback, street side yard setback, and for a one hundred percent reduction in the number of required parking spaces for a proposed commercial addition in the C-1/SP/NCO (Commercial/Special Permit/ Neighborhood Conservancy Overlay) District and acceptance of the Detailed Site Development Plan on the property described as Lot 10 and North 20 Feet of Lot 9, Alexander Addition, City Of El Paso, El Paso County, Texas, pursuant to Section 20.10.280 Infill Development and Section 20.14.070 Parking Reductions of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 2419 Stanton St. Property Owner: Gabriel Gonzalez/Quality Company Investments PZST16-00038 [POSTPONED FROM 12-12-2017]

District 1

Planning & Inspections, Victor Morrison-Vega, (915) 212-1550

Planning & Inspections, Anne Antonini, (915) 212-1814

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

25.

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

25.1.

Discussion and action on the approval of the Department of Aviation’s, El Paso International Airport (EPIA), five-year capital improvement plan (FY2018 through FY 2022) in the estimated total projects cost amount of $103,767,461.00, and to authorize the City Manager to make all necessary budget transfers prior to the execution of the projects.

All Districts

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

26.

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

26.1.

Discussion and action to approve a Resolution establishing the Scattered Fields Plan based on 2012 Quality of Life Bond funding.[POSTPONED FROM 12-19-2017]

Districts 2, 3, and 8

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

(Attachment)

27.

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

27.1.

Discussion and action on the effect of the Tax Cuts and Jobs Act of 2017 (PL 115-97) on Electric and Gas rates within 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.

Discussion and action on authorizing the City Manager to sign a Memorandum of Understanding (MOU) with Workforce Solutions Borderplex, which certifies that 43rd Year Community Development Block Grant funds will be utilized by the City of El Paso to provide Child Care services in the El Paso area. The amount eligible under the provisions of child care certification is $60,998.00. Child care services will be provided and administered by City of El Paso Parks and Recreation Department through their Sun Country Recreation Program and Neighborhood Youth Outreach Program (NYOP).  This certification will enable Workforce Solutions Borderplex Inc. to leverage additional child care funding for the El Paso area.

All Districts

Community and Human Development, Nicole Ferrini, (915) 212-0138

Community and Human Development, Rodolfo Reyes, (915) 212-1657

(Attachment)

29.

MAYOR AND COUNCIL

29.1.

Discussion and action to create a special projects City account/fund to accept public monetary donations to help defray the cost of body worn cameras for the El Paso Police Department.

All Districts

Representative Henry Rivera, (915) 212-0007

(Attachment)

29.2.

Discussion and action on the Multipurpose Performing Art & Entertainment Center and the proposed Memorandum of Understanding with the State Historic Preservation Office.

All Districts

Representative Michiel Noe, (915) 212-0005

(Attachment)

29.3.

Resolution amending the Rules of City Council for the purpose of changing the time for City Council Meetings revised, as effective January 23, 2018.

All Districts

Mayor Dee Margo, (915) 212-0021

(Attachment)

30.

MANAGEMENT UPDATES

30.1.

Report by the Chair of the Bond Overview Advisory Committee on the status of the 2012 Quality of Life Projects.

All Districts

Capital Improvement, Sam Rodriguez, (915) 212-0065

(Attachment)

30.2.

Project Arriba Annual Report

All Districts

Economic and International Development, Jessica Herrera, (915) 212-1614

Project Arriba, Roman Ortiz, (915) 843-4055

(Attachment)

30.3.

Budget Update – Major Revenues

All Districts

Robert Cortinas, Interim Director of Municipal Financial Operations, (915) 212-1092

(Attachment)

30.4.

Streetcar Transition Update

Districts 1 and 8

Sun Metro, Jay Banasiak, (915) 212-3300

(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.

Application of El Paso Electric Company for Approval to Revise Its Energy Efficiency Cost Recovery Factor and request to establish Revised Cost Cap. For 2018, Public Utility Commission of Texas Docket No. 47125, SOAH Docket No. 473-17-3896 (551.071).

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

EX2.

Multipurpose Performing Art and Entertainment Center Project (551.071)

City Attorney’s Office, Sylvia Borunda Firth, (915) 212-1783

EX3.

In Re Max Grossman, Relator; Second Court of Appeals, Fort Worth, TX; No. 02-17-00383-CV; Matter No. 17-1001-171.005 (551.071)

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

EX4.

City of El Paso v. Max Grossman; Second Court of Appeals, Fort Worth, TX; No. 02-17-00384-CV; Matter No. 17-1001-171.006 (551.071)

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

EX5.

Ex Parte: City of El Paso; Third Court of Appeals; Travis County, TX #03-17-00566-CV; Matter No. 17-1001-171.002 (551.071)

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

EX6.

Max Grossman v. City of El Paso; 384th District Court, El Paso, TX; Cause No. 2017-DCV-2528; Matter No. 17-1001-171.001 (551.071)

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

EX7.

Claim of Joanna Cangialosi, Jose Aguilar, Raymundo Aguilar, Fidel Aguilar and Eric Aguilar, Beneficiaries of Annette Martinez, Deceased (551.071)

City Attorney's Office, Sergio M. Estrada, (915) 212-0033

ADDITION TO THE AGENDA FOR

REGULAR COUNCIL MEETING

COUNCIL CHAMBERS, CITY HALL

Tuesday, January 23, 2018

8:00 AM

REGULAR AGENDA - OTHER BUSINESS

MANAGEMENT UPDATES