City Council

Dee Margo

Peter Svarzbein, District 1

Mayor

Alexsandra Annello, District 2

Cassandra Hernandez, District 3

Sam Morgan, District 4

Tommy Gonzalez

Isabel Salcido, District 5

City Manager

Claudia Ordaz Perez, District 6

Henry Rivera, District 7

Cissy Lizarraga, District 8

February 5, 2019

COUNCIL CHAMBERS, CITY HALL

9:00 AM

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ROLL CALL

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INVOCATION BY PASTOR LUIS DIAZ AND CO-PASTOR ADRIANA MARTINEZ, EL PASO PALABRA VIVA

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PLEDGE OF ALLEGIANCE

Students from Harmony Public School

Justin Carrasco

Maximiliano Duarte

Isabella Huereca

Diego Viscarra

Franco De Luna

Alondra Peña

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MAYOR’S PROCLAMATIONS

1.

Teen Dating Violence Awareness Month

2.

El Paso Vector Control Award Recipients Week

3.

36th Annual Political Awareness and Awards Banquet Day

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RECOGNITIONS BY MAYOR

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RECOGNITIONS

Presentation of the Lone Star NGV Award to Sun Metro and the City of El Paso by the Texas NGV Alliance

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NOTICE TO THE PUBLIC

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CONSENT AGENDA - APPROVAL OF MINUTES:

Motion made by Representative Sam Morgan, seconded by Representative Henry Rivera  APPROVE, AS REVISED, to all matters listed under the Consent Agenda unless otherwise noted.

AYES: Representatives:Rivera, Svarzbein, Annello, Lizarraga, Morgan, Hernandez, Isabel

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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1.

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

Motion made by Representative Sam Morgan, seconded by Representative Henry Rivera  APPROVE, AS REVISED, to all matters listed under the Consent Agenda unless otherwise noted.

AYES: Representatives:Rivera, Svarzbein, Annello, Lizarraga, Morgan, Hernandez, Isabel

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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1.1.

Approval of Minutes for the Regular City Council Meeting of January 22, 2019 and the Work Session of August 20, 2018.

Motion made by Representative Sam Morgan, seconded by Representative Henry Rivera  APPROVE, AS REVISED, to all matters listed under the Consent Agenda unless otherwise noted.

AYES: Representatives:Rivera, Svarzbein, Annello, Lizarraga, Morgan, Hernandez, Isabel

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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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:

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CONSENT AGENDA - RESOLUTIONS:

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3.

Goal 3: Promote the Visual Image of El Paso

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3.1.

That the Solid Waste liens on the attachment posted with this agenda be approved. (See Attachment A)

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4.

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

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4.1.

A Resolution that the closure of rights-of-way within the City of El Paso for the El Paso Marathon, Half Marathon and 5K from 7:00 a.m. on Sunday, February 17, 2019, to 1:00 p.m. on Sunday, February 17, 2019, serves a public purpose of providing cultural and recreational activities for the residents and visitors of the City of El Paso, and in accordance with 43 TAC, Section 22.12, the City Manager be authorized to sign an Agreement For The Temporary Closure of State Right Of Way (Form TEA 30A) by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the temporary closure and use of State owned and operated street (s) in excess of four hours for portions of Mesa (SH 20) between Arizona and E. Franklin Ave., Pershing Dr. (Loop 478) between Copia and Altura and Montana Ave. (SH 62) at Mescalero upon the issuance of required permits from the City of El Paso and substantial conformity to the finalized TEA30 agreement between the City of El Paso and State of Texas Department of Transportation. (CSEV18-00086)

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5.

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

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5.1.

A Resolution that the City Manager be authorized to sign an Estoppel Certificate, and any additional documents required by the lease dated February 15, 2011, by and between the City of El Paso and 416 Stanton Investment Partners, LLC for the El Paso Fire Department’s administrative use at 425 N. Kansas, El Paso.

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5.2.

A Resolution that the City Manager be authorized to sign an Estoppel Certificate, and any additional documents required by the lease dated January 2, 2008, by and between the City of El Paso and NWIC-3, LLC, as the assignee to the original lease agreement for a 0.0414 acre parcel situated within an existing 60-foot wide El Paso Natural Gas Company Easement, and at Tract 1P1, H.G. Foster Survey No. 256, City of El Paso, El Paso County, Texas.

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6.

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

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6.1.

That the City of El Paso hereby requests the Sheriff of El Paso County to sell, in accordance with Section 34.05 subsections (c) and (d) of the Texas Property Tax Code, the parcels of property described in Exhibit "A" of this Resolution.

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6.2.

A Resolution that the regular City Council meeting scheduled for February 19, 2019 is hereby rescheduled to February 26, 2019.

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6.3.

That the Mayor be authorized to sign the First Amendment to Interlocal Agreement for Project Reimbursements by and between the City of El Paso and the Camino Real Regional Mobility Authority to clarify certain responsibilities regarding marketing and promotional programs.

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7.

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

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7.1.

That the City Manager be authorized to sign a Local Transportation Project Advance Funding Agreement by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the Bicycle Connectivity Phase I Project for the design and construction of bicycle facilities citywide to include the following: buffered bicycle lanes, conventional bicycle lanes, bicycle boulevards, shared lane markings and protected bicycle lanes, for an estimated total project cost of $1,580,011.00, with an estimated City participation of $302,572.00, and that the authority granted to the City Manager on August 7, 2018 to sign a Local Transportation Project Advance Funding Agreement by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the Bicycle Connectivity Phase I Project is hereby null and void.

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7.2.

That the City Manager be authorized to sign a two year On-Call Agreement for Professional Services to perform geotechnical and materials testing consulting services on a task by task basis by and between the City of El Paso and each of the following four (4) consultants:

1. Wood Environment & Infrastructure Solutions, Inc.

2. CQC Testing and Engineering, LLC.

3. Terracon Consultants, Inc.

4. Professional Service Industries, Inc.

Each On-Call Agreement will be for an amount not to exceed Four Hundred Thousand and No/00 Dollars ($400,000.00), and each agreement will include authorization for the City Engineer 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.

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7.3.

That the City of El Paso hereby expresses its support for the Borderland Expressway Project and is further supportive of the efforts of the various regional transportation entities that are seeking to develop such project.

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7.4.

That the City of El Paso hereby expresses its support for the use of pass-through financing from the Texas Department of Transportation, as one of the sources to be used in the development of the Borderland Expressway Project.

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7.5.

That the Mayor is hereby authorized to execute a Memorandum of Understanding with the Texas Department of Transportation, New Mexico Department of Transportation, Public Service Board of El Paso Water, El Paso Metropolitan Planning Organization and the Camino Real Regional Mobility Authority, regarding the development of the Borderland Expressway Project. Further, that the Mayor be authorized to execute any changes to the Memorandum of Understanding provided that such changes do not affect the City’s responsibilities.

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8.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

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8.1.

That the Mayor be authorized to sign an Interlocal Agreement between the County of El Paso, Texas ("County"), on behalf of its Juvenile Probation Department ("JPD"), and the City of El Paso, Texas ("City"), on behalf of its Department of Public Health ("DPH"), to have the City, through its DPH Rawlings Dental Clinic, provide dental health services, counseling and prevention education services to juveniles at the JPD, effective upon execution of the Agreement through August 31, 2019, and automatically renewed annually thereafter for one-year term, with payment by the County to the City for services rendered based on the current Medicaid dental fee schedule, and subject to the availability of funds.

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CONSENT AGENDA - BOARD RE-APPOINTMENTS:

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9.

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

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9.1.

David Marcus to the Ethics Review Commission by Representative Alexsandra Annello, District 2.

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10.

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

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10.1.

Teresa H. Munoz to the Building and Standards Commission as an Alternate Member by Representative Peter Svarzbein, District 1.

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10.2.

Margaret Livingston to the City Plan Commission by Representative Cissy Lizarraga, District 8

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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

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11.

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

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11.1.

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 B).

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CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS:

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12.

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

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12.1.

For notation pursuant to Section 2.92.110 of the City Code: receipt of campaign contributions by representative Peter Svarzbein in the amount of $200.00 from Edith Brannon; $1,000.00 from Scherr & Legate PLLC; $400.00 from Irving J. Brown; $100.00 from Claudia Ramirez; $250.00 from Rachel B. Harracksingh; $250.00 from HL Enloe; $500.00 from James Scherr; 100.18 from Michelle N. Cummings; $500.00 from Chris Cummings; $100.00 from Margaret Sallie Gilbert; $200.00 from Edith S. Brannon;  $25.00 from Renee A. O'Donnell; $500.00 from Donald R. Margo; $1,000.00 from Sylvia Svarzbein; $100.00 from Noel Rosenbaum; $50.00 from John E. Moye; $500.00 from Isha Rogers; $200.00 from Debra Hester; $100.00 from Mike Batkin; $1,000.00 from J.W. Rogers; $1,000.00 from El Paso Assoc of Firefighters Local 51;  $250.00 from Rogelio Lopez; $100.00 from Warach, Soto & Assoc; $100.00 from Sara Sakellakos; $100.00 from William Helm; $100.00 from Tiffany M.Somers; $100.00 from Leslie Beckoff; $25.00 Bear's Bilingual Mobile S.S.;  $1,000.00 from Eileen Karlsruher; $100.00 from William Kell; $50.00 from Jan Engels; $36.00 from Frieda Schwartz; $100.00 from Charles Traub; $1,000.00 from Benjamin Arriola; $1,000.00 from Suzanne Dipp.

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CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

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13.

Goal 2: Set the Standard for a Safe and Secure City

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13.1.

That the Director of Purchasing & Strategic Sourcing be authorized to issue a change order to Bazaar Uniforms & Men’s Store referencing Contract 2014-214 Police Uniforms for the Police Department. This change order is to increase the contract by $212,050.00 for a total amount not to exceed $1,062,500.00.  The change order will cover expenses to purchase Police Uniforms from February 5, 2019, until new contract is awarded.

Department:                               Police Department

Award to:                                    Bazaar Uniforms & Men's Store

                                                   El Paso, Texas                    

Total Estimated Amount:           $212,050.00

Account No.:               321-21090-P2103-1000-531200

Funding Source                      General Fund

District(s):                                   All

This is a change order for a Low Bid, service contract.

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REGULAR AGENDA - FIRST READING OF ORDINANCES

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14.

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

Motion made by Representative Henry Rivera, seconded by Representative Sam Morgan  APPROVE, to

AYES: Representatives:Morgan, Rivera, Annello, Hernandez, Lizarraga, Isabel

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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14.1.

An Ordinance amending Title 5 (Business License and Permit Regulations), Chapter 5.03 (Reserved), in its entirety to include a permit requirement for non-residential property where sound amplification equipment Is used to emit sound in an outdoor area from 10:00 p.m. to midnight; the penalty as provided in 5.03.120 of the El Paso City Code

Motion made by Representative Henry Rivera, seconded by Representative Sam Morgan  APPROVE, to

AYES: Representatives:Morgan, Rivera, Annello, Hernandez, Lizarraga, Isabel

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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15.

Goal 2: Set the Standard for a Safe and Secure City:

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15.1.

An Ordinance amending Title 9 (Health and Safety), Chapter 9.40 (noise) to update the Ordinance and remove permit-related language throughout the Ordinance so that only nuisance language remains; by deleting permit related language from 9.40.010 (Definitions); to replace Section 9.40.020 (Decibel Measurement Criteria) with (Applicability); to replace Section 9.40.030 (Designated Noise Zones) with (Sound Level Violations); to replace Section 9.40.040 (Exterior Noise Standards) with (Vibration); to replace Section 9.40.050 (Interior Noise Standards) with (Sound Level Measurement); to replace Section 9.40.060 (Additional Noise Standards) with (Identification of Violator);  to replace Section 9.40.070 (Noise Sensitive Zones) with (Penalties); to replace Section 9.40.080 (Noise Level Measurement) with (Enforcement); to delete Sections 9.40.090-9.40.140; the penalty being as provided in Section 9.40.070 of the El Paso City Code.

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16.

Goal 3: Promote the Visual Image of El Paso:

Motion made by Representative Henry Rivera, seconded by Representative Cissy I. Lizarraga  APPROVE, to

AYES: Representatives:Svarzbein, Hernandez, Isabel, Morgan, Lizarraga, Annello, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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16.1.

An Ordinance changing the  zoning  of Tract 14-A, Block 45, Ysleta Grant, 180  N. Zaragoza  Rd., City  of  El  Paso, El  Paso County, Texas and Tracts  15-B-3 And 15-B-1-B, 193 N. Pueblo  Rd., City  of  El  Paso, El Paso County, Texas from R-4/H (Residential/Historic) to C-1/H (Commercial/Historic), and imposing a condition. The penalty is as provided for in Chapter  20.24 of the El Paso City Code. Subject Property: 180 N. Zaragoza Rd. and 193 N. Old Pueblo Rd. Property Owner: Gilbert Malooly and Malooly Properties, LLC. PZRZ18-00029

Motion made by Representative Henry Rivera, seconded by Representative Cissy I. Lizarraga  APPROVE, to

AYES: Representatives:Svarzbein, Hernandez, Isabel, Morgan, Lizarraga, Annello, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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16.2.

An Ordinance granting Special Permit No. PZST18-00016, to allow for a helistop on the property described as a portion of Lots 6, 7, and 9, Block 3, San Clemente Addition, 452 Rocky Point Drive, 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 in Chapter 20.24 of the El Paso City Code. Subject Property: 452 Rocky Point Drive. Property Owner: Perlan International, LLC. PZST18-00016

Motion made by Representative Henry Rivera, seconded by Representative Cissy I. Lizarraga  APPROVE, to

AYES: Representatives:Svarzbein, Hernandez, Isabel, Morgan, Lizarraga, Annello, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

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17.

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

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17.1.

Discussion and action to award Solicitation 2019-367 Security Guard Services - MCAD to Sun City Security Services, Inc., for an initial three (3) year term for an estimated award of $580,198.08. The award is to include a two (2) year option award of $386,798.72 for a five (5) year award of $966,996.80.  The award of this contract will provide security services for the Museum of Cultural Affairs Department facilities.

Contract Variance:  The difference in cost, based on the comparison from previous contract, is as follows: Annual increase for the services under this contract increased by 2,104 estimated hours. The hourly bill rate increased an average of 9.51% for all services. The three (3) year estimated amount increased by $40,466.86.

Department:    Museum and Cultural Affairs

Award to:         Sun City Security Services, Inc.

            El Paso, TX

Item(s):            ALL

Initial Term:     3 years

Option to Extend:        2 years

Annual Estimated Award:       $193,399.36

Initial Term Estimated Award:            $580,198.08 (3 years)

Total Estimated Award:          $966,996.80 (5 years)

Account No.:   454-54000-1000-522120

            454-54020-1000-522120

            454-54030-1000-522120

            454-54240-1000-522120

            454-54260-1000-522120       

Funding Source:         Shipping, outside contracts

District(s):             All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing Department and Museums and Cultural Affairs Department recommend award as indicated to Sun City Security Services, Inc., the bidder offering the best value bid.

In accordance with this award, the City Manager or designee is authorized to exercise future options if needed.

Motion made by Representative Cissy I. Lizarraga, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Lizarraga, Rivera, Morgan, Svarzbein, Isabel, Hernandez, Annello

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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17.2.

Discussion and action that the City Manager is authorized to sign the Guaranteed Maximum Price Amendment to the Standard Form of Agreement by and between the City of El Paso and Arrow Building Corp (“Construction Manager”) for the project known as “Two Regional Aquatic Parks: Chelsea & Lionel Forti 2018-520R”, to accept and incorporate the Construction Manager’s Guaranteed Maximum Price Proposal and establishing the Guaranteed Maximum Price (“GMP”)  for the project in the amount of  Seventeen Million Nine Hundred Eighty One Thousand Seven Hundred Seventy Eight and No/100 dollars ($17,981,778.00); and that the City Manager or Designee be authorized to 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 and do not make changes to the prices and are within the appropriate budget; 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.

Motion made by Representative Henry Rivera, seconded by Representative Alexsandra Annello  APPROVE, to

AYES: Representatives:Hernandez, Isabel, Morgan, Lizarraga, Rivera, Annello, Svarzbein

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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17.3.

Discussion and action that the City Manager is authorized to sign the Guaranteed Maximum Price Amendment to the Standard Form of Agreement by and between the City of El Paso and DANTEX GENERAL CONTRACTORS, INC. (“Construction Manager”) for the project known as “Regional Water Parks: District#1 and District #4 2018-1099R”, to accept and incorporate the Construction Manager’s Guaranteed Maximum Price Proposal and establishing the Guaranteed Maximum Price (“GMP”)  for the project in the amount of  Eleven Million Three Hundred Forty Three Thousand  and No/100 dollars ($11,343,000.00); and that the City Manager or Designee be authorized to 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 and do not make changes to the prices and are within the appropriate budget; 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.

Motion made by Representative Peter Svarzbein, seconded by Representative Sam Morgan  APPROVE, to

AYES: Representatives:Morgan, Lizarraga, Svarzbein, Isabel, Rivera, Annello, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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18.

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

Motion made by Representative Alexsandra Annello, seconded by Representative Peter Svarzbein  APPROVE, to

AYES: Representatives:Lizarraga, Isabel, Svarzbein, Morgan, Annello, Hernandez, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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18.1.

Discussion and action on the award of Solicitation No. 2019-002 Edgemere & RC Poe Roundabout to KARLSRUHER, INC. dba CSA Contractors for a negotiated total award of $1,801,589.24.  The project includes the construction of a new roundabout intersection. The project will provide new concrete paving roadway, curb and gutter, parkways with landscaping, sidewalks, safety lighting and pedestrian hybrid system (HAWK System).

Department:    Capital Improvement

Award to:         KARLSRUHER, INC. dba CSA Constructors

            El Paso, TX

Item(s):            All

Term:  330 consecutive calendar days

Total Estimated Award:          $1,801,589.34

Account No.:   580270-38140-4650-190-PCP14ST001

Funding Source:         2001 Certificates of Obligation, 2006 Certificates of Obligation and 2006 Storm

District(s):        5

This is a Competitive Sealed Proposal, unit price contract.

The Purchasing & Strategic Sourcing Department and Capital Improvement recommend award as indicated to KARLSRUHER, INC. dba CSA Constructor, 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.

Motion made by Representative Alexsandra Annello, seconded by Representative Peter Svarzbein  APPROVE, to

AYES: Representatives:Lizarraga, Isabel, Svarzbein, Morgan, Annello, Hernandez, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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19.

MANAGEMENT UPDATES

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19.1.

Presentation and updates on the Eastside Regional Park and Eastside Sports Complex.

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19.2.

Eastside Master Plan Management Update

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19.3.

Budget Update – Budget Cost Drivers and Investments and FY 2019 1st Quarter Update

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CALL TO THE PUBLIC – PUBLIC COMMENT

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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

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20.

Goal 3: Promote the Visual Image of El Paso

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20.1.

An Ordinance granting Special Permit No. PZST16-00011, to allow for Infill Development with a reduction is side, front, rear, and cumulative setback on the property described as Tract 5-A-2 and a portion of Mike Lane R.O.W., JH. Johannson Survey No. 185, 216 Mike Ln., City of El Paso, El Paso County, Texas pursuant to Section 20.04.320 of the El Paso City Code. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 216 Mike Ln. Owner: Adolfo O. Gonzalez PZST16-00011

Motion made by Representative , seconded by Representative   APPROVE, to

Motion made by Representative Alexsandra Annello, seconded by Representative Cassandra Hernandez  APPROVE, to

AYES: Representatives:Svarzbein, Morgan, Lizarraga, Isabel, Annello, Hernandez, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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20.2.

An Ordinance changing the zoning of a portion of Tract 6, Section 16, Block 79, Township 3, Texas and Pacific Railway Surveys, 1408 Joe Battle Blvd., City of El Paso, El Paso County, Texas from R-3 (Residential) to C-4 (Commercial), and imposing a condition. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. 1408 Joe Battle Blvd. Owner: Pellicano and 375 LLC. PZRZ18-00039

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20.3.

An Ordinance changing the zoning of Lots 17-24 and the East ½ of Lot 25, Block 118, Supplemental Map No. 1 of East El Paso Addition, 3528 Pershing Dr., City of El Paso, El Paso County, Texas from A-2 (Apartment) to C-2 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 3528 Pershing Dr. Owner: 900 Magoffin Investment Company, LC. PZRZ18-00048

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20.4.

An Ordinance changing the zoning of a portion of Lots 8 and 9, Block 127, Supplemental Map #1 of East El Paso, City of El Paso, El Paso County, Texas, from A-2 (Apartment) to C-1 (Commercial) and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: the Southwest corner of Douglas and Stevens. Property Owner: Robert Malooly. PZRZ18-00012 [POSTPONED FROM 01-08-19 AND 01-22-19]

Motion made by Representative Cassandra Hernandez, seconded by Representative Alexsandra Annello  APPROVE, to

AYES: Representatives:Annello, Morgan, Rivera, Hernandez, Svarzbein, Isabel, Lizarraga

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

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20.5.

An Ordinance changing the zoning of all of Lots 1 truth 12 of Block 8, Eastwood Section 1, an Addition to the City of El Paso, El Paso County, Texas from R-3 (Residential) to C-1 (Commercial) and imposing a condition. The penalty is as provided for in Chapter 20.24 in the El Paso City Code. Subject Property: the entire block located at the southeast corner of the intersection of Bois D’Arc and Boxwood. Property Owner: El Paso Healthcare Systems, LTD., A Texas Limited Partnership PZRZ18-00040 [POSTPONED FROM 01-08-19 AND 01-22-19]

Motion made by Representative Henry Rivera, seconded by Representative Alexsandra Annello  APPROVE, to

AYES: Representatives:Svarzbein, Rivera, Morgan, Lizarraga, Isabel, Annello, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

…………………………………………………………………………………………………….

REGULAR AGENDA - OTHER BUSINESS

……………………………………………………………………………………………………..

21.

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

Motion made by Representative Peter Svarzbein, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Morgan, Svarzbein, Isabel, Annello, Lizarraga, Rivera, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

21.1.

Discussion and action that the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the County of El Paso allowing the parties to send a delegation from Destination El Paso to the 2019 South By Southwest annual exposition to promote the cultural, film, tourism, convention and hotel industry, and economic opportunities available in the El Paso Region and providing for the sharing of expenses between the City and the County. The City Council finds that this Interlocal Agreement advances the general and economic welfare of the citizens of El Paso.

Motion made by Representative Peter Svarzbein, seconded by Representative Alexsandra Annello  APPROVE, to

AYES: Representatives:Svarzbein, Annello, Morgan, Hernandez, Isabel, Lizarraga, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

Motion made by Representative Peter Svarzbein, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Morgan, Svarzbein, Isabel, Annello, Lizarraga, Rivera, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

21.2.

Discussion and action that the City Manager be authorized to sign a Memorandum of Understanding by and between the City of El Paso and Workforce Solutions Borderplex in connection with an agreement between the parties to cooperate and collaborate to improve the local business support system for minority or disadvantaged entrepreneurs and business owners.

Motion made by Representative Peter Svarzbein, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Morgan, Svarzbein, Isabel, Annello, Lizarraga, Rivera, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

21.3.

Discussion and action that the City Manager be authorized to sign a Memorandum of Understanding by and between the City of El Paso and the Hub of Human Innovation in connection with an agreement between the parties to cooperate and collaborate to improve the local business support system for minority or disadvantaged entrepreneurs and business owners.

Motion made by Representative Peter Svarzbein, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Morgan, Svarzbein, Isabel, Annello, Lizarraga, Rivera, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

21.4.

Discussion and action that the City Manager be authorized to sign a Memorandum of Understanding by and between the City of El Paso and the Small Business Development Center in connection with an agreement between the parties to cooperate and collaborate to improve the local business support system for minority or disadvantaged entrepreneurs and business owners.

Motion made by Representative Peter Svarzbein, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Morgan, Svarzbein, Isabel, Annello, Lizarraga, Rivera, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

21.5.

Discussion and action that the City Manager be authorized to sign a Memorandum of Understanding by and between the City of El Paso and the Hispanic Chamber of Commerce in connection with an agreement between the parties to cooperate and collaborate to improve the local business support system for minority or disadvantaged entrepreneurs and business owners.

Motion made by Representative Peter Svarzbein, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Morgan, Svarzbein, Isabel, Annello, Lizarraga, Rivera, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

21.6.

Discussion and action that the City Manager be authorized to sign a Memorandum of Understanding by and between the City of El Paso and the Center for Hispanic Entrepreneurship in connection with an agreement between the parties to cooperate and collaborate to improve the local business support system for minority or disadvantaged entrepreneurs and business owners.

Motion made by Representative Peter Svarzbein, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Rivera, Hernandez, Morgan, Svarzbein, Isabel, Annello, Lizarraga

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

21.7.

Discussion and action that the City Manager be authorized to sign a Memorandum of Understanding by and between the City of El Paso and the El Paso Chamber of Commerce in connection with an agreement between the parties to cooperate and collaborate to improve the local business support system for minority or disadvantaged entrepreneurs and business owners.

Motion made by Representative Peter Svarzbein, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Morgan, Svarzbein, Isabel, Annello, Lizarraga, Rivera, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

21.8.

Discussion and action that the City Manager be authorized to sign a Memorandum of Understanding by and between the City of El Paso and the County of El Paso in connection with an agreement between the parties to cooperate and collaborate to improve the local business support system for minority or disadvantaged entrepreneurs and business owners.

Motion made by Representative Peter Svarzbein, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Morgan, Svarzbein, Isabel, Annello, Lizarraga, Rivera, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

……………………………………………………………………………………………………..

22.

Goal 3: Promote the Visual Image of El Paso

………………………………………………………………………………………………………………

22.1.

Discussion and action on a request from Edith Olexiuc for City Council to grant an exception from the prohibition of the sale of alcoholic beverages within three hundred feet of a public or private school for the property located at 12102 Montwood, and legally described as a portion Lot 1, Block 1, Loop Wood Subdivision, City of El Paso, El Paso County, Texas.

Motion made by Representative Alexsandra Annello, seconded by Representative Henry Rivera  APPROVE, to

AYES: Representatives:Hernandez, Svarzbein, Isabel, Annello, Lizarraga, Rivera, Morgan

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

22.2.

Discussion and action on a Resolution amending Schedule C to establish new fees authorized under Section 15.08.150. City Council may established one of the following fee proposals as found in Exhibit A: application fee of $371 and permit fee of $21/device; in Exhibit B: application fee of $371, permit fee of $1/day per device; or per trip surcharge of $0.25 for each booked trip, and annual fee of $50 per device; or in Exhibit C: application fee of $371 and permit fee of $0.55/day per device. The fees are for the placement of shared use mobility devices on the City right-of-way pursuant to Section 15.08.150 of the El Paso City Code.

Motion made by Representative Cissy I. Lizarraga, seconded by Representative Sam Morgan  APPROVE, to

AYES: Representatives:Annello, Svarzbein

NAYS: Representatives:Rivera, Lizarraga, Hernandez, Isabel, Morgan

ABSTAIN:

ABSENT: Representatives:Ordaz

Motion made by Representative Cassandra Hernandez, seconded by Representative Cissy I. Lizarraga  APPROVE, to

AYES: Representatives:Rivera, Lizarraga, Isabel, Hernandez, Svarzbein, Morgan

NAYS: Representatives:Annello

ABSTAIN:

ABSENT: Representatives:Ordaz

……………………………………………………………………………………………………..

23.

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

Motion made by Representative Cissy I. Lizarraga, seconded by Representative Alexsandra Annello  APPROVE, to

AYES: Representatives:Isabel, Svarzbein, Annello, Morgan, Lizarraga, Rivera, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

23.1.

Discussion and action on a Resolution to adopt the 2019 Public Art Plan.

Motion made by Representative Cissy I. Lizarraga, seconded by Representative Alexsandra Annello  APPROVE, to

AYES: Representatives:Isabel, Svarzbein, Annello, Morgan, Lizarraga, Rivera, Hernandez

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

……………………………………………………………………………………………………..

24.

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

Motion made by Representative Alexsandra Annello, seconded by Representative Peter Svarzbein  APPROVE, AS REVISED, to all matters listed under the Consent Agenda unless otherwise noted.

AYES: Representatives:Svarzbein, Lizarraga, Morgan, Hernandez, Annello, Isabel, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

Motion made by Representative Alexsandra Annello, seconded by Representative Sam Morgan  APPROVE, AS REVISED, to all matters listed under the Consent Agenda unless otherwise noted.

AYES: Representatives:Annello, Svarzbein, Hernandez, Isabel, Morgan, Lizarraga, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

………………………………………………………………………………………………………………

24.1.

Discussion and action on a Resolution ordering a Special Election in the City of El Paso for the submission of a measure to be held on May 4, 2019; making provisions for the conduct of the election; and authorizing a contract with the El Paso County to furnish election services and equipment.

Motion made by Representative Alexsandra Annello, seconded by Representative Peter Svarzbein  APPROVE, AS REVISED, to all matters listed under the Consent Agenda unless otherwise noted.

AYES: Representatives:Svarzbein, Lizarraga, Morgan, Hernandez, Annello, Isabel, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

Motion made by Representative Alexsandra Annello, seconded by Representative Sam Morgan  APPROVE, AS REVISED, to all matters listed under the Consent Agenda unless otherwise noted.

AYES: Representatives:Annello, Svarzbein, Hernandez, Isabel, Morgan, Lizarraga, Rivera

NAYS:

ABSTAIN:

ABSENT: Representatives:Ordaz

……………………………………………………………………………………………………..

25.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

………………………………………………………………………………………………………………

25.1.

Presentation on Community Development Block Grant (CDBG) large-scale public facilities improvement proposals and introduction to the citizen polling campaign as was detailed in the 2019-2020 (45th Year) DCHD Policies and Procedures.[POSTPONED FROM 01-22-19]

………………………………………………………………………………………………………………

25.2.

Rental Assistance Demonstration Update by the Housing Authority of the City of El Paso.

…………………………………………………………………………………………………….

EXECUTIVE SESSION

EX1..

Discussion and action regarding alleged violations of the City Ethics Ordinance, Charter, State Statutes, and standards of conduct, regarding releasing, disclosing, and disseminating confidential documents and confidential information. (551.071)

City Attorney’s Office, Karla M. Nieman, (915) 212-0033

…………………………………………………………………………………………………….

ADJOURN

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APPROVED AS TO CONTENT:

____________________________

Laura D. Prine, Interim City Clerk