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City Council |
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Dee Margo |
Peter Svarzbein, District 1 |
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Mayor |
Alexsandra Annello, District 2 |
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Cassandra Hernandez, District 3 |
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Sam Morgan, District 4 |
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Tommy Gonzalez |
Isabel Salcido, District 5 |
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City Manager |
Claudia Ordaz Perez, District 6 |
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Henry Rivera, District 7 |
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Cissy Lizarraga, District 8 |
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MINUTES FOR REGULAR COUNCIL MEETING |
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February 4, 2020 |
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COUNCIL CHAMBERS, CITY HALL |
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9:00 AM |
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ROLL CALL
The City Council met in regular session at the above place and date. Meeting was called to order at 9:11 a.m. on January 21, 2019, Mayor Dee Margo present and presiding and the following Council members answered roll call: Alexsandra Annello, Cassandra Hernandez, Isabel Salcido, Henry Rivera, and Cissy Lizarraga. Late arrivals: Claudia Ordaz Perez at 9:15 a.m., and Peter Svarzbein at 9:32 a.m. Sam Morgan Requested to be excused. The invocation was given by Pastor Luis Diaz followed by the Pledge of Allegiance to the Flag of the United States of America. |
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INVOCATION BY PASTOR LUIS DIAZ EL PASO PALABRA VIVA |
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PLEDGE OF ALLEGIANCE |
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Students from the El Paso Regional Day School Program for the Deaf (RDSPD) at the invitation of Mayor Margo
Millie Villarreal L.C. Ramos Aylin Rios Hailey Aquino |
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MAYOR’S PROCLAMATIONS |
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1. |
Jessie’s 100th Birthday |
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2. |
2020 National Girls and Women in Sports Day |
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3. |
Black History Month |
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RECOGNITIONS BY MAYOR |
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Star on the Mountain Award: Felipa Solis |
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Conquistador Award: Zuill Bailey |
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NOTICE TO THE PUBLIC
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, 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 Svarzbein, Annello, Hernandez, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None ABSENT: Representative Morgan |
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CONSENT AGENDA - APPROVAL OF MINUTES: |
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1. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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1.1. |
*Motion made, seconded, and unanimously carried to APPROVE the Minutes of the Regular City Council Meetings of December 17, 2019, January 7, 2020, and January 21, 2020 and the Work Session Minutes of January 6, 2020. |
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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS: |
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2. |
REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
Motion made, seconded, and unanimously carried to EXCUSE Representative Sam Morgan from the regular City Council Meeting of February 04, 2020. |
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CONSENT AGENDA - RESOLUTIONS: |
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3. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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3.1. |
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 a Shoeshine Concession Agreement by and between the City of El Paso and Los Amigos Shoeshine for shoe shine services inside the El Paso International Airport Terminal Building, for the greater of $35.00 per square foot of designated space or 15% of gross receipts, for an initial period of one (1) month with automatic monthly renewals that shall not extend beyond February 3, 2025.
Representative Svarzbein commented.
Mr. Terry Sharpe, Assistant Director of Aviation, commented.
1ST MOTION * Motion made, seconded, and unanimously carried to MOVE the item to the regular agenda.
2ND AND FINAL MOTION Motion made by Representative Rivera, seconded by Representative Annello, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None ABSENT: Representative Morgan |
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4. |
Goal 2: Set the Standard for a Safe and Secure City |
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4.1. |
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 is authorized to sign an Interlocal Cooperation Contract for the Failure to Appear Program between the City of El Paso and the Texas Department of Public Safety ("TXDPS"), an agency of the State of Texas to implement the provisions of Texas Transportation Code Chapter 706 to provide information necessary to deny driver license renewal of a person who fails to appear for a complaint or citation, or fails to pay or satisfy a judgment in the manner ordered by the court in matters involving any offense that it has jurisdiction over under Chapter 4, Texas Code of Criminal Procedure. Violators will be assessed the statutorily required administrative fee of $10.00 for each qualifying citation, $6.00 to TXDPS 's vendor and $4.00 for the City's general fund.
Representatives Annello and Rivera commented.
Ms. Lilia Worrell, Municipal Court Director, commented.
1ST MOTION *Motion made, seconded, and unanimously carried to MOVE the item to the regular agenda.
2ND AND FINAL MOTION Motion made by Representative Rivera, seconded by Representative Lizarraga, and carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Hernandez, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: Representative Annello ABSENT: Representative Morgan |
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4.2. |
R E S O L U T I O N
WHEREAS, thousands of individuals utilizing El Paso's public streets are eligible to have their vehicles booted for failure to pay delinquent parking citations; and
WHEREAS, these scofflaws account for over$ 40 million in uncollected fines and fees owed to the City of El Paso from Jan 1, 2000 to the present; and
WHEREAS, the City of El Paso will incur increased expenses in sending additional police officers throughout the City to locate and boot the vehicles of these scofflaws; and
WHEREAS, Section 12.85.070A3 of the El Paso City Code permits City Council to reduce the delinquency fine for parking citations for those violators who pay citations, voluntarily, during a declared amnesty period; and
WHEREAS, it has been determined that such a reduction in the delinquency fines and collection fees should maximize revenue collection by serving as an incentive for violators to pay their fines.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That the City Council declares an amnesty period effective February 24, 2020, ending at 12:00 midnight on March 7, 2020. During this amnesty period, all violators who pay outstanding parking citations will have the total delinquency fees and collection fees reduced to zero, leaving only the fine amount to be paid for each delinquent citation that is paid voluntarily.
Representative Annello commented.
Ms. Lilia Worrell, Municipal Court Director, commented.
1ST MOTION *Motion made, seconded, and unanimously carried to MOVE the item to the regular agenda.
2ND AND FINAL MOTION Motion made by Representative Rivera, seconded by Representative Svarzbein, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None ABSENT: Representative Morgan |
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5. |
Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments |
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5.1. |
*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 Underground Electrical and Transformer Pad Easement, granting an easement to the El Paso Electric Company to provide electrical power to Joey Barraza and Vino Memorial Park, said easement more particularly described as a portion of Section 30, Block 80, Township 1, Texas and Pacific Railway Company Survey, El Paso, County, Texas. |
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5.2. |
*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 Underground Electrical and Transformer Pad Easement, granting an easement to the El Paso Electric Company to provide electrical power to Cohen Stadium Water Park, said easement more particularly described as a portion of Block 7, Castner Range Subdivision No. 1, El Paso, County, Texas. |
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5.3. |
*R E S O L U T I O N
WHEREAS, on July 20, 2004, the El Paso City Council adopted a resolution approving the use of alternate project delivery methods for construction projects pursuant to Section 271.113 of the Texas Local Government Code (now Section 2269 of the Texas Government Code) that provides the best value to the City; and
WHEREAS, on Sept. 18, 2012, the El Paso City Council approved the addition of the Construction Manager-at-Risk as an alternate project delivery method for construction projects and adopted the City of El Paso Construction Manager-at-Risk Procurement Policy; and
WHEREAS, the City’s Construction Manager-at-Risk Procurement Policy states that the City Engineer will determine, before advertising, which alternative project delivery method for construction provides the best value to the City and that the El Paso City Council shall approve the issuance of a solicitation for any Construction Manager-at-Risk project prior to its issuance; and
WHEREAS, on April 17, 2018, the City Council amended the Construction Manager-at-Risk Procurement Policy to delete the requirement of City Council approval of a Solicitation for any Construction Manager-at-Risk prior to the issuance and delegated to the Director of Purchasing & Strategic Sourcing the authority to determine which alternative project delivery method for construction provides the best values to the City and to approve the issuance of a solicitation for any Construction Manager-at Risk project to the Director of Purchasing and Strategic Sourcing; and
WHEREAS, the Director of Purchasing & Strategic Sourcing determined that the Construction Manager-at-Risk alternative project delivery method will provide the best value to the City for the construction of the Mexican American Cultural Center & Library Renovation project and approved the issuance of a solicitation using Construction Manager-at-Risk delivery method for the construction of the Mexican American Cultural Center & Library Renovation project; and
WHEREAS, the City of El Paso (“City”) issued a Request for Proposal as part of the construction manager-at risk project delivery method for the Mexican American Cultural Center & Library Renovation, Solicitation 2020-535R; and
WHEREAS, SUNDT CONSTRUCTION, INC. (“Contractor”), an Arizona Corporation, submitted the proposal offering the best value for the City on the basis of the published selection criteria and on the ranking evaluations; and
WHEREAS, the City negotiated a contract with Contractor and desires to award the Mexican American Cultural Center & Library Renovation, Solicitation 2020-535R for construction manager-at risk services to Contractor; and
WHEREAS, the initial contract award will commence the preconstruction services and the parties understand that an amendment to establish the Guaranteed Maximum Price for the project will be subject to City Council approval.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
THAT the City Manager is authorized to execute the construction manager-at risk agreement (“Contract”) between the City of El Paso and SUNDT CONSTRUCTION, INC. (“Contractor”), an Arizona Corporation, for the project known as the Mexican American Cultural Center & Library Renovation, Solicitation 2020-535R in an initial amount of $79,617.00 for preconstruction services; and that the City Engineer is authorized to approve additional preconstruction services in the amount of $20,000.00 if the services are necessary for the proper execution of the project. |
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6. |
Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community |
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6.1. |
*R E S O L U T I O N
THAT the City Manager be authorized to sign the Consent to Assignment of Contract No. 2017-576 Cisco Proprietary VoIP Telephony and Network Infrastructure by and between the City of El Paso, Sigma Technology Solutions Inc. (“Assignor”) and Pivot Technology Services Corp. (“Assignee”). |
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CONSENT AGENDA - BOARD APPOINTMENTS: |
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7. |
Goal 8: Nurture and Promote a Healthy, Sustainable Community |
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7.1. |
*Motion made, seconded, and unanimously carried to APPOINT Andres Farias to the Fair Housing Task Force, as a Regular member, by Representative Lizarraga, District 8. |
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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS: |
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8. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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8.1. |
*Motion made, seconded, and unanimously carried to APPROVE the tax refunds listed on the attachment posted with this agenda be approved.
1. Maria Teresa Navarrete, in the amount of $4,432.22, made an overpayment on December 27, 2019 of 2019 taxes. (Geo. #C81899906801400)
2. West Valley Partners, in the amount of $9,000.96, made an overpayment on December 26, 2019 of 2019 taxes. (Geo. #X267999S00D0400)
3. El Paso Honda, in the amount of $7,390.91, made an overpayment on January 3, 2020 of 2019 taxes. (Geo. #V89399915800100)
4. West Valley Partners, in the amount of $16,485.97, made an overpayment on December 26, 2019 of 2019 taxes. (Geo. #X267999S00D0100)
5. Fashing Non-Exempt Trust, in the amount of $6,454.27, made an overpayment on December 10, 2019 of 2019 taxes. (Geo. #G56999909900800)
6. Vantage Bank Texas, in the amount of $3,350.45, made an overpayment on December 17, 2019 of 2019 taxes. (Geo. #V89799911500100)
7. Wells Fargo Home Mortgage, in the amount of $2,829.14, made an overpayment on December 18, 2019 of 2019 taxes. (Geo. #G47799900200100)
8. GECU Mortgage, in the amount of $2,801.09, made an overpayment on December 20, 2019 of 2019 taxes. (Geo. #V89399952604100)
9. Sophie Leasing LLC, in the amount of $8,566.18, made an overpayment on January 6, 2020 of 2019 taxes. (Geo. #S80699900100100) |
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CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS: |
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9. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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9.1. |
*Motion made, seconded, and unanimously carried to ACCEPT the notation pursuant to Section 2.92.110 of the City Code, receipt of the following campaign contributions by Mayor Margo: $100.00 from Frederick Morton, $3,000.00 from Carlos Ponte, and $1,000.00 from Jon Means. |
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CALL TO THE PUBLIC – PUBLIC COMMENT
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REGULAR AGENDA - FIRST READING OF ORDINANCES
Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera and unanimously carried that the following Ordinance, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None ABSENT: Representative Morgan |
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10. |
Goal 3: Promote the Visual Image of El Paso: |
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10.1. |
An Ordinance changing the zoning of a portion of Tract 1A, Section 31, Block 80, Township 1, Texas and Pacific Railroad Company Surveys, City of El Paso, El Paso County, Texas from R-F (Ranch and Farm) and R-3 (Residential) to P-R I (Planned Residential I). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: South of Sean Haggerty Drive and West of Dyer Street. Property Owner: Northtowne Village Joint Venture. PZRZ19-00027 |
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10.2. |
An Ordinance changing the zoning of a portion of Tract 1A, Section 31, Block 80, Township 1, Texas and Pacific Railroad Company Surveys, City of El Paso, El Paso County, Texas from R-F (Ranch and Farm) and R-3 (Residential) to P-R I (Planned Residential I). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: South of Sean Haggerty Drive and East of McCombs Street. Property Owner: Northtowne Village Joint Venture. PZRZ19-00028 |
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10.3. |
An Ordinance amending the Future Land Use Map (FLUM) contained in "Plan El Paso" for the properties legally described as a Portion of Tract 1-A-5, Section 31, Block 80, Township 1, Texas and Pacific Railroad Company Surveys, City of El Paso, El Paso County, Texas, from O-1, Preserve to G-3, Post-War. The proposed comprehensive plan amendment is in accordance with the policies of Plan El Paso, the City’s Comprehensive Plan. Subject Property: South of Sean Haggerty Drive and West of Dyer Street. Property Owner: Northtowne Village Joint Venture. PLCP19-00003 |
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10.4. |
An Ordinance amending the Future Land Use Map (FLUM) contained in "Plan El Paso" for the properties legally described as a Portion of Tract 1-A-6, Section 31, Block 80, Township 1, Texas and Pacific Railroad Company Surveys, City of El Paso, El Paso County, Texas, from O-1, Preserve to G-3, Post-War. The proposed comprehensive plan amendment is in accordance with the policies of Plan El Paso, the City’s Comprehensive Plan. Subject Property: South of Sean Haggerty Drive and East of McCombs Street. Property Owner: Northtowne Village Joint Venture. PLCP19-00004 |
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11. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management: |
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11.1. |
An Ordinance amending Ordinance 8064 (Classification and Compensation Plan) to amend the introductory paragraph of Section 3 (Compensation Plan), Section 3.2 (Procedures for Advancement within Pay Grade) and Section 3.10 (Professional/Managerial Plan) to replace references to "General Services" and "Professional Managerial" with the term "Unified Services." |
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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES |
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12. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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12.1. |
ORDINANCE 019021
The City Clerk read an Ordinance entitled: AN ORDINANCE APPROVING AMENDMENT NUMBER SEVENTEEN TO THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER FIVE, CITY OF EL PASO, TEXAS, TO PROVIDE AN INCREASE IN FUNDING FOR THE DOWNTOWN MANAGEMENT DISTRICT’S COMMERCIAL FAÇADE IMPROVEMENT GRANT PROGRAM AND TO PROVIDE FUNDING TO A REDEVELOPMENT PROJECT AT 300 E. MAIN STREET SUBJECT TO EXECUTION OF A SEPARATE AGREEMENT BETWEEN THE CITY AND THE PROJECT DEVELOPER(S); ADOPTING SAID AMENDMENTS AS REQUIRED BY SECTION 311.011(E) TEXAS TAX CODE; AND PROVIDING A SEVERABILITY CLAUSE.
Ms. Elizabeth Triggs, Economic and International Development Assistant Director, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).
Representative Lizarraga commented.
Mr. Tommy Gonzalez, City Manager, commented.
Motion duly made by Representative Lizarraga, seconded by Representative Svarzbein, and carried that the Ordinance be ADOPTED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None ABSENT: Representative Morgan
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED. |
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DISCUSSION ON ITEMS 13.1. AND 14.1. WAS TAKEN TOGETHER
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13. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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13.1. |
ORDINANCE 019022
The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING ORDINANCE NO. 16090, GRANTING A FRANCHISE TO EL PASO ELECTRIC COMPANY, (AS AMENDED BY ORDINANCES NO. 17460 AND 18772, AMENDING THE STREET RENTAL CHARGE) TO REDUCE THE RESTRICTION ON THE STREET RENTAL CHARGE; PROVIDING FOR ADDITIONAL COMPENSATION AND ASSURANCES TO THE CITY; AND PROVIDING CONSENT AS REQUIRED IN SECTION 15.08.013 OF THE CITY CODE AND SECTION 14(B) OF ORDINANCE NO. 16090 UPON THE TERMS AND CONDITIONS DESCRIBED IN THIS ORDINANCE; THE PENALTY AS PROVIDED IN CITY CODE SECTION 15.08.040.
The public hearing was opened at 9:45 a.m.
Mr. Robert Cortinas, Chief Financial Officer, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).
Ms. Josette Flores, Senior Assistant City Attorney, read floor amendments into the record.
Mayor Margo and Representatives Svarzbein, Annello, Hernandez, Salcido, and Rivera commented.
The following City representatives commented:
The following industry representatives commented:
The following members of the public commented:
1ST MOTION Motion made by Representative Annello, seconded by Representative Ordaz Perez and unanimously carried to CLOSE the public hearing at 1:30 p.m.
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Ordaz Perez, Rivera, and Lizarraga NAYS: None ABSENT: Representative Morgan
2ND MOTION Motion made by Representative Annello, seconded by Representative Svarzbein to POSTPONE the item for two weeks. The motion FAILED.
AYES: Representatives Svarzbein, Annello, and, Salcido NAYS: Representatives Hernandez, Ordaz Perez, Rivera, and Lizarraga ABSENT: Representative Morgan
3RD AND FINAL MOTION Motion duly made by Representative Rivera, seconded by Representative Lizarraga, and carried that the Ordinance be ADOPTED AS REVISED.
Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:
AYES: Representatives Hernandez, Ordaz Perez, Rivera, and Lizarraga NAYS: Representatives Svarzbein and Annello ABSTAIN: Representative Salcido ABSENT: Representative Morgan
Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED AS REVISED. |
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REGULAR AGENDA - OTHER BUSINESS |
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14. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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14.1. |
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 Agreement by and among the City of El Paso (“City”), El Paso Electric Company (“EPE”) and Sun Jupiter Holdings, LLC (“Sun Jupiter”), for EPE & Sun Jupiter commitments resulting from the transfer of 100% of the ownership interest in EPE to Sun Jupiter, including, but not limited to, the retention of EPE headquarters in El Paso, maintenance of EPE jobs in EPE’s service territory, an annual payment of Texas Economic Development Fund monies, a separate annual payment from Sun Jupiter to the City, the payment of City expenses related to Public Utilities Commission of Texas Docket No. 49849, the funding and completion of a renewable generation study, coordination with the City Engineer, and a future purchase option for the City, all as described in the Agreement, and with certain of the commitments surviving the termination of the Agreement under certain circumstances.
Mr. Howard Pearlmutter, citizen, commented.
1ST MOTION Motion made by Representative Annello, seconded by Representative Svarzbein to POSTPONE the item for two weeks. The motion FAILED.
AYES: Representatives Svarzbein, Annello, and, Salcido NAYS: Representatives Hernandez, Ordaz Perez, Rivera, and Lizarraga ABSENT: Representative Morgan
2ND AND FINAL MOTION Motion duly made by Representative Rivera, seconded by Representative Lizarraga, and carried to APPROVE the Resolution.
AYES: Representatives Hernandez, Ordaz Perez, Rivera, and Lizarraga NAYS: Representatives Svarzbein and Annello ABSTAIN: Representative Salcido ABSENT: Representative Morgan |
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…………………………………………………………………………………………………….. The City Council Meeting was RECESSED at 2:07 p.m. in order to convene the Mass Transit Department Board meeting.
The City Council Meeting was RECONVENED at 2:15 a.m. ……………………………………………………………………………………………………..
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15. |
Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development |
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15.1. |
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
WHEREAS, Visit El Paso/Destination El Paso, the City of El Paso (the “City”) was selected to host the 2020 Sun City Crit on March 28, 2020; and
WHEREAS, the City desires to support the event by entering into a contract (“Event Support Contract”) with Consortium Products, Inc. (“CRIT”) including a $120,000.00 site fee (“Site Fee”); and other miscellaneous expenses not to exceed $10,000.00 (“Miscellaneous Expenses”) to be paid to CRIT.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
That, the City Manager is authorized to make necessary budget transfers and sign the Event Support Contract between the City and CRIT in order for the City to host the 2020 Sun City Crit, including a $120,000.00 Site Fee and Miscellaneous Expenses not to exceed $10,000.00 to be paid to CRIT.
Ms. Brooke Underwood, presented a PowerPoint presentation, (copy on file in the City Clerk’s Office).
Motion made by Representative Lizarraga, seconded by Representative Hernandez, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz Perez ABSENT: Representative Morgan |
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15.2. |
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 Agreement for Professional Services by and between the CITY OF EL PASO and PARKHILL, SMITH & COOPER, INC, a Texas Corporation, for a project known as “ FIXED BASE Operator Ramp Addition and Taxiway U & V Realignment” for an amount not to exceed ONE HUNDRED THIRTY-FOUR THOUSAND THIRTY-THREE AND 00/100 DOLLARS ($134,033.00); and that the City Engineer is authorized to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and to approve Additional Services for an amount not to exceed Fifty Thousand and No/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 SEVEN HUNDRED SIXTY-THREE THOUSAND EIGHT HUNDRED SIXTY-SEVEN AND 00/100 DOLLARS ($763,867.00); 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 the execution of the Agreement.
Motion made by Representative Hernandez, seconded by Representative Lizarraga, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz Perez ABSENT: Representative Morgan |
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15.3. |
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 a Chapter 380 Economic Development Program Agreement (“Agreement”) by and between CITY OF EL PASO (“City”) and VILLEGAS VENTURES, LLC. (“Applicant”) in support of an infill development project located at 2227 Texas Avenue, El Paso, Texas, 79901. The project includes the rehabilitation of an existing facility to provide for office space and the construction of a warehouse. The Agreement requires the Applicant to make a minimum investment of $300,000.00. Over the term of the Agreement, the City shall provide economic incentives not to exceed $22,159.00 in the form of an Incremental Property Tax Rebate; a Building Construction Fee Rebate; and a Construction Materials Sales Tax Rebate.
Representative Annello commented.
Mr. Rafael Arellano, Economic Development Specialist, commented.
Motion made by Representative Lizarraga, seconded by Representative Rivera, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz Perez ABSENT: Representative Morgan |
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16. |
Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments |
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16.1. |
R E S O L U T I O N
WHEREAS, the Mayor and City Council accept the recommendation from the Parks and Recreation Advisory Board to rename Vocational Park Pond located at 7464 Balsam Drive within the City of El Paso, El Paso County, Texas, as Cedar Grove Park Pond.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
THAT the Vocational Park Pond, located at 7464 Balsam Drive, within the City of El Paso, El Paso County, Texas, shall henceforth be renamed and known as Cedar Grove Park Pond; and,
THAT The Lower Valley Association, POC Ana Duenez, (“Applicant”) shall incur the customary costs associated with the renaming of the park, such as installing or replacing signs with the park name or any other signs posted or affixed to a facility. Any proposed signs shall be reviewed and agreed upon by both the Parks and Recreation Department and Applicant. (District 3).
Motion made by Representative Hernandez, seconded by Representative Lizarraga, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz Perez ABSENT: Representative Morgan |
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17. |
Goal 6: Set the Standard for Sound Governance and Fiscal Management |
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17.1. |
RESOLUTION CANVASSING RETURNS OF THE 2020 RUNOFF ELECTION FOR THE 2019 SPECIAL ELECTION TO FILL DISTRICT 6 VACANCY
WHEREAS, the City Council of the City of El Paso ordered a special election to be held in said City on December 14, 2019 for the purpose of filling the vacancy created in the office of Representative for District No. 6 for the unexpired term; and
WHEREAS, no candidate received greater than fifty percent (50%) of the votes cast; and
WHEREAS, the City Council of the City of El Paso ordered a runoff election to be held in said City on January 25, 2020 for the aforementioned office; and
WHEREAS, the election officers who held said runoff have duly made returns of the results thereof, and said returns have been duly delivered to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
1. That the City Council officially finds and determines that notice of said runoff election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the results of said election have been duly made and delivered, that the election returns have properly been made out and duly certified by the officers of said election in the different voting precincts of the City, and that the City Council has duly canvassed said returns, all in accordance with law and the resolution calling said runoff election.
2. That the City Council officially finds and determines that the following votes were cast at said runoff election for the following officer by the resident, qualified electors of said City in said District, who voted at the runoff election:
DISTRICT REPRESENTATIVE NO. 6
Debbie Torres 570 Claudia Lizette Rodriguez 645
3. That in the case of the following office, the following person received more than a 50% majority of the votes cast for candidates for such office and is hereby declared elected to such office for the unexpired term, subject to the proper issuance of certificates of election by the presiding officer, and that the number of votes cast for each person who was a candidate for such office, according to the returns, is shown in paragraph 2 hereof:
DISTRICT REPRESENTATIVE NO. 6
Claudia Lizette Rodriguez
4. That on file in the City Clerk's Office and made a part hereof by reference are copies of the mechanical precinct tabulations of the votes cast at the January 25, 2020 Runoff Election of the December 14, 2019 Special Election to fill the vacancy in the office of Representative for District No. 6, showing the number of votes cast in each precinct for each candidate.
5. That this Resolution is adopted subject to the right of any candidate to contest such runoff election in any way provided by law.
6. That this Resolution was acted upon in accordance with the law by the presiding officer and the City Council and was deemed by said City Council that upon passage of the Resolution, it shall take effect immediately.
7. This Resolution shall be spread upon the minutes of the City Council, and the City Clerk shall record the Resolution so adopted in the separate book kept in her office for such purpose.
Motion made by Representative Rivera, seconded by Representative Lizarraga, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Ordaz Perez ABSENT: Representative Morgan |
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18. |
Goal 7: Enhance and Sustain El Paso’s Infrastructure Network |
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18.1. |
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 a two year Agreement for Professional Services to perform traffic engineering services on a task basis by and between the City of El Paso and CONSOR ENGINEERS, LLC, a Florida limited liability company, for a project known as “Pebble hills, airport road and vista del sol arterial lighting and landscape improvements”, for an amount not to exceed FIVE HUNDRED NINETY-NINE THOUSAND SIXTY-THREE DOLLARS AND FIFTY-TWO CENTS ($599,063.52); that the City Engineer is authorized to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and authorization for the City Engineer to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if the identified services are necessary for proper execution of identified project and if the increased amounts are within the appropriate budget identified for a project. In addition, the City Manager is authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of each On-Call Agreement.
Representatives Svarzbein, Annello, and Hernandez commented.
The following City staff members commented:
Motion made by Representative Svarzbein, seconded by Representative Hernandez, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Ordaz Perez ABSENT: Representative Morgan |
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18.2. |
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 Agreement for Professional Services by and between the City of El Paso and BROCK & BUSTILLOS, INC., a Texas Corporation, for a project known as “SUNLAND PARK, SHADOW MOUNTAIN, WESTWIND, REDD ROAD PHASE II & EXECUTIVE CENTER ROADWAY LIGHTING & LANDSCAPE IMPROVEMENTS”, for an amount not to exceed FIVE HUNDRED NINETY-FIVE THOUSAND ONE HUNDRED THIRTY-THREE AND 84/100 DOLLARS ($595,133.84); and that the City Engineer is authorized to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if such services are necessary for the proper execution of the project and if the increased amounts are within the appropriate budgets of the project for a total amount of SIX HUNDRED NINETY-FIVE THOUSAND ONE HUNDRED THIRTY-THREE AND 84/100 ($695,133.84); and that the City Manager be authorized to establish funding sources and make any necessary budget transfers and execute any and all documents necessary for the execution of the Agreement.
Motion made by Representative Svarzbein, seconded by Representative Hernandez, and unanimously carried to APPROVE the Resolution.
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Ordaz Perez ABSENT: Representative Morgan |
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ITEMS 18.3. AND 19.1. WAS TAKEN TOGETHER
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18.3. |
R E S O L U T I O N
WHEREAS, the members of the El Paso City Council wish to hold each other to the values adopted by the City of El Paso of Integrity, Respect, Excellence, Accountability and People, and to keep high standards of civility, professionalism, and decorum;
WHEREAS, the members of the El Paso City Council believe that these values and standards apply in all aspects of life for persons serving as Representatives in the public office of the El Paso City Council; and
WHEREAS, the members of the El Paso City Council wish to formally disapprove conduct of any City Council Representative that is outside of the adopted values, Code of Conduct or is unbecoming of an elected official, casting a negative light on the Council, which could diminish the esteem of the office of El Paso City Council Representative or Mayor; and
WHEREAS, the members of the El Paso City Council wish to adopt a process to issue a censure to a Representative who engages in such conduct.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:
1. APPLICATION: a. Censure only applies to a current member of the El Paso City Council. b. Censure can only occur for conduct by a City Council Representative that: i. Violates the Code of Conduct of the City of El Paso, after having exhausted the corrective process described therein, entitled "Addressing Issues" section therein; or ii. Is unbecoming of an elected official, casting a negative light on the Council, which could diminish the esteem of the office of El Paso City Council Representative or Mayor c. City Council may not censure for alleged criminal violations prior to a final, nonappealable adjudication by the appropriate court of law.
2. NOTIFICATION: a. A member of council may file a notice of proposed censure with the City Clerk in the form of a sworn statement identifying the conduct and how it violates one of the standards listed in section (1)(b) above. b. The City Clerk will forward the notice of proposed censure to the Representative against whom the proposed censure is directed ("Respondent"). c. The Respondent shall have ten business days from the date forwarded by the City Clerk ("Response Time") to provide a written response to the Clerk, and the Clerk who will forward the response to the Representative who filed the proposed censure. d. Within ten business days of the expiration of the Response Time, the filing Representative may submit a signed agenda summary, which must include approval of three additional City Council Representatives to place the censure on the City Council Agenda. The agenda summary must comply with the El Paso City Code Section 2.06.110.
3. DISCUSSION AND ACTION: If a majority of the members present at the council meeting vote in favor of the censure, the filing Representative shall read it into the record.
Mayor Margo and Representatives Annello, Hernandez, and Ordaz Perez commented.
The following City staff members commented:
1ST MOTION Motion made by Representative Rivera, seconded by Representative Lizarraga, and carried that the City Council retire into EXECUTIVE SESSION at 2:20 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.089 to discuss the item:
AYES: Representatives Svarzbein, Hernandez, Salcido, Rivera, and Lizarraga NAYS: Representatives Annello and Ordaz Perez ABSENT: Representative Morgan
Section 551.071 CONSULTATION WITH ATTORNEY Section 551.074 PERSONNEL MATTERS
2ND MOTION Motion made by Representative Hernandez, seconded by Representative Rivera and unanimously carried to adjourn the Executive Session at 2:48 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.
AYES: Representatives Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz Perez ABSENT: Representative Morgan
3RD MOTION Motion made by Representative Annello, seconded by Representative Hernandez to AMEND the Resolution by deleting section 1c. The motion FAILED.
AYES: Representatives Annello and Hernandez NAYS: Representatives Salcido, Rivera, and Lizarraga NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz Perez ABSENT: Representative Morgan
4TH AND FINAL MOTION Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and carried to APPROVE the Resolution.
AYES: Representatives Salcido, Rivera, and Lizarraga NAYS: Representatives Annello and Hernandez NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz Perez ABSENT: Representative Morgan |
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19. |
MAYOR AND COUNCIL |
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19.1. |
Discussion and action that the Mayor and City Council Representatives censures and condemns Representative Sam Morgan for conduct that violates the values of El Paso in a way that is not befitting of an elected member of the Council; Representative Sam Morgan will be presented the pronouncement of censure; and Representative Sam Morgan will be censured by the public reading of this resolution at the conclusion of the City Council meeting. Further, that Mayor and City Council do not condone domestic violence, and believe Representative Sam Morgan is entitled to due process under the law. Resolution to follow.
Mayor Margo and Representatives Annello, Salcido, and Rivera commented.
1ST MOTION Motion made by Representative Rivera, seconded by Representative Lizarraga, and carried that the City Council retire into EXECUTIVE SESSION at 2:20 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.089 to discuss the item:
AYES: Representatives Svarzbein, Hernandez, Salcido, Rivera, and Lizarraga NAYS: Representatives Annello and Ordaz Perez ABSENT: Representative Morgan
Section 551.071 CONSULTATION WITH ATTORNEY Section 551.074 PERSONNEL MATTERS
2ND MOTION Motion made by Representative Hernandez, seconded by Representative Rivera and unanimously carried to adjourn the Executive Session at 2:48 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.
AYES: Representatives Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz Perez ABSENT: Representative Morgan
3RD MOTION Motion made by Representative Hernandez, seconded by Representative Annello, to approve the Resolution. The motion FAILED.
AYES: Representatives Annello and Hernandez NAYS: Representatives Salcido, Rivera, and Lizarraga NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz Perez ABSENT: Representative Morgan
4TH AND FINAL MOTION Motion made by Representative Rivera, seconded by Representative Salcido, and carried to DELETE the Resolution.
AYES: Representatives Salcido, Rivera, and Lizarraga NAYS: Representatives Annello and Hernandez NOT PRESENT FOR THE VOTE: Representatives Svarzbein and Ordaz Perez ABSENT: Representative Morgan |
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19.2. |
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 Council declares that the expenditure of District 3 discretionary funds in an amount not to exceed $2,500.00 and the expenditure of District 2 discretionary funds in an amount not to exceed $1,000 to support the El Paso Municipal Police Officers’ Association Memorial for the restoration, rebuild, and/or enhancement of the Fallen Police Officers Memorial serves the municipal purpose of honoring the fallen heroes of the City of El Paso and fostering community pride, which benefit the community to perpetuate the memory of El Paso Police law enforcement officers who have paid the ultimate sacrifice while serving their communities and is authorized; and
That the City Manager be authorized to effectuate any budget transfer necessary to ensure that the funds are properly expended for such purpose and to execute any related agreements and amendments to such agreements.
Mayor Margo and Representatives Annello, Hernandez, and Rivera commented.
The following City staff members commented:
Mr. Michael Short, President of the El Paso Municipal Police Officers’ Association, commented.
Motion made by Representative Annello, seconded by Representative Svarzbein, and unanimously carried to APPROVE the Resolution and to DIRECT the City Manager to work with the El Paso Municipal Police Officers’ Association and return with recommendations.
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Ordaz Perez ABSENT: Representative Morgan |
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19.3. |
Discussion and action to direct City staff to research and begin the process to amend the City’s Major Thoroughfare Plan (MTP) as part of the Comprehensive Plan to delete planned roads within the area formerly known as TIRZ 12.
Representatives Svarzbein, Annello, Hernandez, and Rivera commented.
The following City staff members commented:
Motion made by Representative Svarzbein, seconded by Representative Salcido, and unanimously carried to DIRECT City staff to research and begin the process to amend the City’s Major Thoroughfare Plan (MTP) as part of the Comprehensive Plan within the area formerly known as TIRZ 12.
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Ordaz Perez ABSENT: Representative Morgan |
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20. |
OPERATIONAL FOCUS UPDATES |
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20.1. |
The Power of Our Strategic Plan: El Paso Transformational Results reports by:
- Economic and International Development - Planning and Inspections
Motion made by Representative Rivera, seconded by Representative Lizarraga, and unanimously carried to DELETE the item.
AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representative Ordaz Perez ABSENT: Representative Morgan |
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20.2. |
Budget Update - FY2020 1st Quarter Update.
Mr. Robert Cortinas, Chief Financial Officer, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).
Representatives Svarzbein, Hernandez, and Rivera commented.
Mr. Tommy Gonzalez, City Manager, commented.
NO ACTION was taken on this item. |
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EXECUTIVE SESSION |
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ITEMS EX1. AND EX2. WERE TAKEN TOGETHER |
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EX1. |
Public Utility Commission of Texas Docket No. 49849, Joint Report and Application of El Paso Electric Company, Sun Jupiter Holdings LLC, and IIF US Holding 2 LP for Regulatory Approvals under PURA §§ 14.101, 39.262, and 39.915; Matter: 19-1008-126 |
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EX2. |
El Paso Electric Company Franchise; Matter: 19-1008-126.001
Motion made by Representative Svarzbein, seconded by Representative Hernandez, and unanimously carried to DELETE the items.
AYES: Representatives Svarzbein, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Annello and Ordaz Perez ABSENT: Representative Morgan |
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ADJOURN
Motion made by Representative Svarzbein seconded by Representative Lizarraga, and unanimously carried to ADJOURN this meeting at 3:56 p.m.
AYES: Representatives Svarzbein, Hernandez, Salcido, Rivera, and Lizarraga NAYS: None NOT PRESENT FOR THE VOTE: Representatives Annello and Ordaz Perez ABSENT: Representative Morgan |
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APPROVED AS TO CONTENT: |
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____________________________ |
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Laura D. Prine, City Clerk |
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