City Council

Dee Margo

Peter Svarzbein, District 1

Mayor

Alexsandra Annello, District 2

Cassandra Hernandez-Brown, District 3

Sam Morgan, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz Perez, District 6

Henry Rivera, District 7

Cissy  Lizarraga, District 8

February 6, 2018

COUNCIL CHAMBERS, CITY HALL

9:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

February 5, 2018

9:00 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

Students from Sageland Elementary school, at the invitation of District 7 Representative Henry Rivera

Amber Masoud

Jennelee Baeza

Emylee Calvillo

Michaela Bueno

Michelle Olivas

MAYOR’S PROCLAMATIONS

1.

National Girls and Women in Sports Day

2.

National Wear Red Day

3.

African American History Month

RECOGNITIONS BY MAYOR

NOTICE TO THE PUBLIC

All matters listed under the CONSENT AGENDA, including those on the Addition to the Agenda, will be considered by  City Council to be routine and will be enacted by one motion unless separate discussion is requested by Council Members. Prior to the vote, members of the audience may ask questions regarding items on the consent agenda. When the vote   has been taken, if an item has not been called out for separate discussion, the item has been approved. Council may, however, reconsider any item at any time during the meeting

CONSENT AGENDA - APPROVAL OF MINUTES:

1.

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

1.1.

Approval of Minutes for the Regular City Council Meeting of January 23, 2018 and the Legislative Review Meeting of the Whole of January 22, 2018.

All Districts

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

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

CONSENT AGENDA - RESOLUTIONS:

3.

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

3.1.

A Resolution to authorize the City Manager to sign an Air Cargo Center Agreement by and between the City of El Paso (“Lessor”) and DHL Express (USA), Inc. (“Lessee”) for office and warehouse space, loading dock and vehicle parking space, and aircraft parking apron and ground service equipment parking apron at the Air Cargo Center located at 301 George Perry Blvd., Suite G, El Paso, Texas.  Lease term: Initial term of five (5) years with one (1) option to extend the lease of five (5) years.  Annual rental fees:  $85,426.00.

District 2

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

4.

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

4.1.

That the Mayor be authorized to sign an Interlocal Cooperation Agreement (the “Agreement”) between the City of El Paso, Texas (“City”) and Doña Ana County, New Mexico, (“Doña Ana County”) to provide for the City and Doña Ana County to provide mutual aid in emergency situations and conditions resulting from fire events and other catastrophic events to include but not be limited to flood, earthquake, tornado and windstorm requiring immediate fire and  medical response, incidents involving weapons of mass destruction (including biological and chemical weapons), hazardous materials, medical emergencies, and special rescue, that overwhelm the resources of the City or Doña Ana County, and to provide joint training activities to prepare for such response, within the jurisdictional limits of either the City of El Paso, Texas or Doña Ana County, New Mexico, subject to the discretion of the Fire Chief and in consultation with the City Manager.

All Districts

Fire Department, Chief Mario D'Agostino, (915) 212-5600

(Attachment)

4.2.

That the City Manager or designee is authorized to submit the grant application for the General Victim Services FY18 program to the Office of the Governor, Criminal Justice Division including all understandings and assurances contained therein, and to reject, alter and/or terminate the grant for the purpose of continuing the efforts of the Police Department’s Victim Services Unit. In addition, the City Manager or designee is authorized to sign any related paperwork, including but not limited to, authorization of budget transfers, and/or revisions to the operation plan. Further, the City Manager or designee is authorized to execute any grant amendments, corrections or extensions of the grant agreement which increase, decrease or de-obligate program funds, provided that no additional City funds are required. Requesting $115,954.20 cash match, total grant amount $579,771.00

The FY18 General Victims Services grant will fund personnel, salaries, cell phones services and supplies for case managers.

All Districts

Police Department,  Asst. Chief Zina Silva, (915) 212-4306

(Attachment)

4.3.

A Resolution that the Mayor be authorized to sign a Sister City Agreement between the City of Guadalajara, Mexico, of the United Mexican States, and the City of El Paso, Texas, of the United States of America.

All Districts

Representative Peter Svarzbein, (915) 212-0001

(Attachment)

4.4.

A Resolution that the City Manager be authorized to sign a Temporary Right of Entry between the City of El Paso and Mark Crosby for right to enter and use a portion of the City's property commonly known as Bear Ridge Park located at Franklin Crest Drive in conjunction with construction located at 1348 Franklin Wind Place.

District 1

Parks and Recreation, Joel McKnight, (915) 212-1719

(Attachment)

4.5.

That the City Manager be authorized to sign Contract No. 2018-007R Drug Testing & Alcohol Screening Services-Police Department between the City of El Paso (“City”) and Norton Medical Industries, Inc. for drug and alcohol screening services for the Police Department’s employees, for a thirty six (36) months term from the effective date and a two (2) year option to extend under the same terms, which may be exercised by the City Manager or his designee administratively, to be compensated on a per screening basis, for an estimated contract amount of $88,836.00 for the initial term and an estimated total cost of $148,060.00 if the option to extend is exercised.

Contract Variance:

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

Cost per unit decreased and with the decrease of the unit pricing the City was able to add more services.  The decrease resulted in an annual savings of $1,048.00.

All Districts

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

El Paso Police Department, Chief Greg Allen, (915) 212-4305

(Attachment)

5.

Goal 3: Promote the Visual Image of El Paso

5.1.

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

All Districts

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

(Attachment)

5.2.

A Resolution that the City of El Paso consents to Horizon Regional Municipal Utility District’s request to serve and annex certain property located within the Extraterritorial Jurisdiction (ETJ) of the City of El Paso, Texas. (ETJ) Subject Property: North of Eastlake and East of Darrington. Applicant: Horizon Regional Municipal Utility District and JNC Development, Inc.

ETJ

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

Planning and Inspections, Nelson Ortiz, (915) 212-1606

(Attachment)

5.3.

A Resolution approving a detailed site development plan for portion of Lot 26, Block 1, Montwood Heights Unit Four, City of El Paso, El Paso County, Texas Pursuant to Section 20.04.150. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 12360 Montwood Property Owner: Carol N. Abalihi. PZDS17-00043

District 5

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

Planning and Inspections, Armida Martinez, (915) 212-1605

(Attachment)

6.

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

6.1.

A Resolution requesting City Council’s approval to issue a solicitation using the Design-Build alternative delivery method for the construction of the Mountain to River Trail System project.

District 1

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

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

(Attachment)

6.2.

A Resolution that the closure of rights-of-way within the City of El Paso for the El Paso Springfoot Marathon, Half Marathon, 5K Run/Walk, on Sunday, February 18, 2018, at 7:00 a.m. to 1:00 p.m. 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 Pershing Dr. (Loop 478) and Montana Ave. (SH62) upon the issuance of required permits from the City of El Paso and substantial conformity to the finalized TEA 30A agreement between the City of El Paso and State of Texas Department of Transportation. (CSEV17-00077)

Districts 2, 3, 7 and 8

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

Planning and Inspections Marilu Aleman, (915) 212-1506

(Attachment)

7.

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

7.1.

A Resolution requesting City Council’s approval to issue a solicitation using the Design-Build alternative delivery method for the construction of the Schuster Avenue Reconstruction project.

District 1

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

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

(Attachment)

7.2.

A Resolution requesting City Council’s approval to issue a solicitation using the Design-Build alternative delivery method for the construction of the Railroad Reconstruction project.

Districts 2 and 4

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

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

(Attachment)

7.3.

A Resolution that the City Manager be authorized to sign a Second Amendment to On-Call Agreement for professional civil engineering services by and between the City of El Paso and Huitt­Zollars , Inc., a Texas corporation, for the consultant to continue to provide basic and additional services on a task by task basis for an additional amount not to exceed $100,000, thereby extending the contract amount from an amount not to exceed $800,000 to an amount not to exceed $900,000; and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this agreement.

All Districts

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

(Attachment)

7.4.

A Resolution authorizing the City Manager to sign an 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 Paseo de las Luces Street Enhancements project, to allow the City to complete the design and construction of pedestrian and aesthetic enhancements on State of Texas right of way US 62 (El Paso Street), which has an estimated total project cost of $5,088,120.00 of which the estimated local government participation amount is $4,803,000.00.

This agreement will allow the City to build on TxDOT right-of-way; no funds approved with this item.

District 8

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

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

(Attachment)

7.5.

A Resolution that the City Manager be authorized to sign an Local 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 University Avenue Bike and Pedestrian Enhancements project, for the construction of bicycle facilities, sidewalks, ADA pedestrian ramps, pavement marking and signage along University Avenue from Stanton Street to Oregon Street, which has an estimated total project cost of $754,554.00 of which the estimated local government participation amount is $124,782.00 and the estimated local match contribution of $143,499.00, for a total estimated amount of $268,281.00.

District 1

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

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

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

8.

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

8.1.

Stephen Shaw as a regular appointee to the El Paso Housing Finance Corporation by Mayor Dee Margo

Mayor Dee Margo, (915) 212-0021

(Attachment)

9.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

9.1.

Sylvia Stuckey to the City Accessibility Advisory Committee by Representative Michiel R. Noe.

Representative Michiel Noe, (915) 212-0005

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

10.

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

10.1.

That the tax refund 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).

All Districts

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

(Attachment)

CONSENT AGENDA - BEST VALUE PROCUREMENTS:

11.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

11.1.

The award of Solicitation No. 2018-715 Scrap Metal Recycling Services to EGL Construction, Inc. for an initial one (1) year term in the estimated revenue amount of $103,931.71.  The award is to include a one (1) year optional revenue amount of $103,931.71 for a total two (2) year optional revenue amount of $207,863.42.    This is a replacement contract.  The services provided for the department is to continue recycling scrap metal from the Citizen Collection Stations and the Landfill.

Contract Variance:

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

A decrease by $16,597.19 from the previous contract due to the fluctuation of recycling of all commodity pricing which are sensitive to the global markets.

Department:                               Environmental Services

Award to:                                   EGL Construction, Inc.

                                                   El Paso, TX

Item(s):                                      All

Initial Term:                                1 Year

Option to Extend:                       1 Year

Annual Estimated Award:          $103,931.71 (Annual Revenue)

Initial Term Estimated Award:   $103,931.71 (1 Year Revenue)

Total Estimated Award:             $207,863.42 (2 Year Revenue)

Account No.:                              334-3100-34060-431420

Funding Source:                        Scrap Metal Recycling Revenue

District(s):                                  All

This is a Best Value, revenue generating contract.

The Purchasing & Strategic Sourcing and Environmental Services recommend that the contract be awarded to EGL Construction, 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.

All Districts

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

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

(Attachment)

CONSENT AGENDA - BIDS:

12.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

12.1.

The award of Solicitation 2018-504 Memorial Park Senior Center Improvements to MIRADOR ENTERPRISES, INC., for an estimated total award of $216,344.34. The project will provide improvements to the interior and exterior of the center. The existing flooring and base will be removed and replaced throughout the entire center with the exception of the kitchen. New huacha courts, picnic tables, shade structure and trees will be installed.

Department:                            Capital Improvement

Award to:                                MIRADOR ENTERPRISES, INC.

                                                El Paso, TX

Item(s):                                   All

Initial Term:                             150 Consecutive Calendar Days

Base Bid:                                $216,344.34

Total Estimated Award:          $216,344.34

Account No.:                           471-2400-71240-580270-G7142CD20

Funding Source:                     Community Development Block Grant 42nd Year

District(s):                               2

This is a Competitive Seal Proposal, unit price contract.

The Purchasing & Strategic Sourcing and Capital Improvement Departments recommend award as indicated to MIRADOR ENTERPRISES, INC. the bidder offering the best value proposal.

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

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

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

District 2

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

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

(Attachment)

12.2.

The award of Solicitation No. 2018-865 Vocational Park Improvements to J Carrizal General Construction, Inc. for a total award amount of $155,802.30. The project will provide new park area lighting around the perimeter of the upper walking trail and new amenities at the playground area. A new fabric shade canopy will be installed over the existing playground equipment and four new picnic tables on concrete slabs will be installed by the playground area.

Department:             Capital Improvement

Award to:                 J Carrizal General Construction, Inc.

                                 El Paso, TX

Item(s):                    All

Term:                      150 Consecutive Calendar Days

Total Award:            $155,802.30

Account No.:            471 – 71240 - 580270 – 2400 – G7142CD22

Funding Source:      Community Development Block Grant Project 42nd Year

District(s):                 3

This is a Low Bid, Unit Price Contract.

The Purchasing & Strategic Sourcing and Capital Improvement Departments recommend award as indicated to J Carrizal General Construction, Inc., the lowest responsive, responsible bidder.

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

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

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

District 3

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

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

(Attachment)

CALL TO THE PUBLIC – PUBLIC COMMENT

This time is reserved for members of the public who would like to address the City Council on items that are not on the City Council Agenda.

A sign-up form is available on line at http:/www2.elpasotexas.gov/municipal-clerk/signup_form.asp for those who wish to sign up in advance of the meeting date and a sign-up form is available outside the City Council Chambers at the City Clerk table for those who wish to sign up on the day of the meeting.

REGULAR AGENDA - FIRST READING OF ORDINANCES

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

Public comment typically is not taken during the first reading of ordinances. Public comments are invited at the date of the scheduled public hearing. Public Hearings will be held as part of the regular City Council meeting that begins at approximately 9:00 a.m. All interested persons present shall have an opportunity to be heard at that time. After the public hearings, Council may also delay taking action on Ordinances; no requirement is made by Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for review in the City Clerk’s office, 300 N. Campbell, Monday through Friday, 8:00 a.m. to 5:00 p.m.

13.

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

13.1.

An Ordinance amending the Final Project Plan and Final Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number Five, City of El Paso, Texas, to provide four million dollars in TIRZ funding to the Sun City Lights Paseo de las Luces Project; adopting said amendments as required by section 311.011 (e) Texas Tax Code; also providing a severability clause.

District 8

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

Economic and International Development, Rafael Arellano, (915) 212-1616

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 20, 2018

14.

Goal 3: Promote the Visual Image of El Paso:

14.1.

An Ordinance changing the zoning of the property described as Tracts 15C and 15D, Block 16, Ysleta Grant, 600 Hampton Rd. City of El Paso, El Paso County, Texas from R-F (Ranch-Farm) to S-D (Special Development), pursuant to Section 20.04.360, and approving a Detailed Site Development Plan pursuant to Section 20.04.150, and Section 20.10.360 of the El Paso City Code to allow for Other retail establishment (low-volume) as permitted in the S-D (Special Development) zone district. The Penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 600 Hampton Rd. Owner: Mirna M. Rivera PZRZ15-00040 related to PZCR15-00007

District 7

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 6, 2018

14.2.

An Ordinance releasing all conditions placed on the property by Ordinance No. 011074, which changed the zoning of Tract 14A, Block 16, Ysleta Grant, 475 Yarbrough Dr., City of El Paso, El Paso County, Texas. The Penalty being provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 475 Yarbrough Dr. Owner: Lino Carrera PZCR15-00007 related to PZRZ15-00040

District 7

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 6, 2018

14.3.

An Ordinance granting a Special Permit PZST17-00027, to allow for a 100% Parking Reduction on the property described as Lots 32, 33, and the West one-half of Lot 34, Block 67, Second Supplemental Map of Franklin Heights Addition, 1115 Montana Ave., City of El Paso, El Paso County, Texas, Pursuant to Section 20.10.280 of the El Paso City Code. The penalty being as provided in Chapter 20.24 of the El Paso City Code. Subject Property: 1115 Montana Ave. Owner: Miguel & Julio Villanueva; PZST17-00027 (related to Case # PZRZ17-00020)  THIS IS AN APPEAL.

District 8

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 6, 2018 

14.4.

An Ordinance changing the zoning of the property described as Lots 32, 33, and the West one-half of Lot 34, Block 67, Second Supplemental Map of Franklin Heights Addition, 1115 Montana Ave., City of El Paso, El Paso County, Texas from A-2 (Apartment) to S-D (Special Development), pursuant to Section 20.04.360, approving a Detailed Site Development Plan pursuant to Section 20.04.150 and 20.10.360 of the El Paso City Code to allow for Office, professional as permitted in the S-D (Special Development) zone district. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. 1115 Montana Ave. Owner: Miguel & Julio Villanueva; PZRZ17-00020 (related to Case # PZST17-00027) THIS IS AN APPEAL.

District 8

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 6, 2018

14.5.

An Ordinance granting Special Permit No. PZST16-00006, to allow for infill development with reduced cumulative front & rear yard setbacks on the property described as Lots 2-16, Block 1, and Lots 1-24, Block 2, Sereno Valley Estates, City of El Paso, El Paso County, Texas, Pursuant to Section 20.10.280 Infill Development of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: North of Tyler Seth Avenue and East of Westside Drive. Property Owner: Palo Verde Development, LLC. PZST16-00006

District 1

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

Planning and Inspections, Andrew Salloum, (915) 212-1603

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 6, 2018

14.6.

An Ordinance changing the zoning of  a portion of Lot 1, Block 5, Tierra Commercial Unit Five, City of El Paso, El Paso County, Texas from C-2/c (Commercial/condition) to C-3/c (Commercial/condition).  The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: East of Zaragoza and North of Pebble Hills. Property Owner: River Oaks Properties, LTD.  PZRZ17-00026

District 5

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

Planning and Inspections, Armida Martinez, (915) 212-1605

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 6, 2018

15.

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

15.1.

An Ordinance granting a Special Privilege license to the Board of Regents of the University of Texas System for the maintenance, use, and repair of portions of 18 existing surface parking spaces encroaching 3,511 square feet within portions of city right-of-way along Oregon Street adjacent to the property located at 2701 North Oregon Street.

District 1

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

Planning and Inspections, Anthony Cisneros, (915) 212-1523

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 20, 2018

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

16.

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

16.1.

Discussion and action that the City Manager is authorized to execute the Guaranteed Maximum Price Amendment to the Standard Form of Agreement between the City of El Paso and Jordan Foster Construction, LLC., for the acceptance of the Construction Manager’s Guaranteed Maximum Price Proposal and the establishment of the Guaranteed Maximum Price for the construction of the El Paso Zoo Chihuahuan Desert Habitat 2016-012R in the amount Fourteen Million Two Hundred Eighty Thousand Twenty Five and No/100 dollars ($14,280,025.00); and THAT the “2012 Quality of Life Bond Proposed 3 Year Rollout Plan” approved on February 5, 2013 is amended to allocate $2,097,276.90 to the Chihuahuan Desert project from the Andean Bear Exhibit and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all necessary documents.

District 8

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

El Paso Zoo, Steve Marshall, (915) 212-2800

(Attachment)

16.2.

Discussion and action to award Solicitation 2017-1409 Sports Officials Part II to vendors Texas ASA District – 4 and Magdalena V. Heredia for an initial three (3) year term estimated award of $854,670.00. The award is to include a two (2) year option to extend for an amount of $569,780.00 for a total five (5) year award of $1,424,450.00. This contract is to provide sport official services.

Contract Variance:

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

Group I increased by $141,600.00 for the 3-year total as the estimated number of annual games increased by 37%. Group II increased by $65,250.00 for the 3-year total as the estimated number of annual games increased by 4%, as well as an averaged price increase for officials of 10%. Group III decreased by $6,600.00 for the 3-year total as the estimated number of annual games was reduced by 83% and the price of Indoor Soccer Official decreased by 65%. Group IV increased by $8,370.00 as additional tournament officials were added. Resulting in an overall increase of $208,620.00 for the 3 years.

Department:                                        Parks and Recreation

Award to:     (Vendor #1)                    Texas ASA District 4

                                                            El Paso, TX

Item(s):                                               Group I and II

Initial Term:                                         3 years

Option to Extend:                                2 years

Annual Estimated Award:                   $270,100.00

Initial Term Estimated Award:            $810,300.00 (3 years)

Option Total:                                       $540,200.00 (2 years)

Total Estimated Award:                      $1,350,500.00 (5 years)

Award to:     (Vendor #2)                    Magdalena V. Heredia

                                                            El Paso, TX

Item(s):                                               Group III and IV

Initial Term:                                         3 years

Option to Extend:                                2 years

Annual Estimated Award:                   $14,790.00

Initial Term Estimated Award:            $44,370.00 (3 years)

Option Total:                                       $29,580.00 (2 years)

Total Estimated Award:                      $73,950.00 (5 years)

Total Annual Estimated Award:          $284,890.00   

Initial Term Estimated Award:            $854,670.00 (3 years)

Option Total:                                                   $569,780.00 (2 years)

Total Estimated Award:                                  $1,424,450.00 (5 years)

Account No.:                                                   451-100-51270-522110-P5113

Funding Source:                                             General Fund – Recreation and                                                             Cultural Contracts

District(s):                                                        All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing and Parks and Recreation Departments recommend award as indicated to Texas ASA District 4 and Magdalena V. Heredia, the bidders offering the best value bids.

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

All Districts

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

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

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

17.

Goal 3: Promote the Visual Image of El Paso

17.1.

An Ordinance granting Special Permit No. PZST17-00024, to allow for parking spaces (serving another property) and imposing conditions on the property described as Lot 21, Block 2, revised map of Buena Vista Addition, 3469 Magdalena Avenue, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.240 of the El Paso City Code. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 3469 Magdalena Avenue. Property Owner: Rosa’s Restaurant, LLC. PZST17-00024 THIS A 211 CASE.

District 8

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

Planning and Inspections, Andrew Salloum, (915) 212-1603

(Attachment)

17.2.

An Ordinance changing the zoning of A Portion of Lot C, Block 79, Eastwood Heights, Unit L, 2115 Wedgewood Dr., an addition in the City of EL Paso, El Paso County, Texas from C-1/sc (Commercial/special contract) to G-MU/Special contract (General Mixed Use/special contract) and approving a Master Zoning Plan. The penalty is as provided for in Chapter 20.24 of the El Paso City Code to accommodate an establishment of mixed uses to include Car wash/self-serve, Other retail establishment (low-volume), Office, & office/storage. The penalties for violating the standards imposed through this rezoning ordinance are found in Section 20.24 of the El Paso City Code. Subject Property: 2115 Wedgewood Dr. Owner: Dominguez Properties LTD. PZRZ17-00010

District 7

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

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

(Attachment)

18.

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

18.1.

An Ordinance granting Special Permit No. PZST16-00038, to allow for infill development with reductions in rear yard setback, side yard setback, street side yard setback, and for a one hundred percent reduction in the number of required parking spaces for a proposed commercial addition in the C-1/SP/NCO (Commercial/Special Permit/ Neighborhood Conservancy Overlay) District and acceptance of the Detailed Site Development Plan on the property described as Lot 10 and North 20 Feet of Lot 9, Alexander Addition, City Of El Paso, El Paso County, Texas, pursuant to Section 20.10.280 Infill Development and Section 20.14.070 Parking Reductions of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 2419 Stanton St. Property Owner: Gabriel Gonzalez/Quality Company Investments PZST16-00038 [POSTPONED FROM 12-12-17 AND 01-23-18]

District 1

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

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

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

19.

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

19.1.

Discussion and action that City Council authorize the Department of International Bridges to utilize revenue from bridge tolls that fund the P3 program, which was approved in December 2013, to fund infrastructure and traffic management improvements at the Bridge of the Americas (BOTA).

All Districts

International Bridges, David A. Coronado, (915) 212-7505

International Bridges, Monica Lombraña, (915) 212-7301

(Attachment)

19.2.

Discussion and action that the City Manager be authorized to sign the Economic Development Program Agreement between the City of El Paso (the “City”) and United Parcel Service, Inc., (the “Applicant”), regarding the Applicant’s development of the property located at 28 Leigh Fisher Boulevard, El Paso, Texas, and the City financial incentives for economic development related thereto.

UPS will be investing $41,000,000 for the additional 42,000 sq. ft. expansion of their current facilities located at 28 Leigh Fisher Blvd. This expansion will retain an average of 234 full-time jobs with an average wage of $35/hr and an addition of 10 new full-time jobs starting at $18.75/hr. This is a 10-year incentive totaling $1,845,198.

District 2

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

Economic and International Development, Aimee Olivas, (915) 212-1617

(Attachment)

19.3.

Discussion and action that the City Manager be authorized to sign a long term lease by and between the CITY OF EL PASO (“LESSOR”) and Mills Plaza Properties II, LP (MPPII) (“LESSEE”) to support and facilitate the development of the Plaza Hotel project to be located at 102 West Mills Avenue, El Paso, Texas.

On September 9, 2017, the City approved the term sheet for Mills Plaza Properties II, LP (MPPII), Plaza Hotel, for the $78 million redevelopment of a 4-star hotel, 100-room hotel to include parking garage.

District 8

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

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

(Attachment)

19.4.

Discussion and action that the City Manager be authorized to sign a Chapter 312 Abatement Agreement by and between the CITY OF EL PASO (“CITY”) and Mills Plaza Properties II, LP (MPPII) (“Applicant”) in support of the redevelopment, construction and operation of the Plaza Hotel located at 102 West Mills, El Paso, Texas.

On September 19, 2017, the City approved the term sheet for Mills Plaza Properties II, LP (MPPII), Plaza Hotel, for the $78 million redevelopment of a 4-star hotel, 100-room hotel to include parking garage located at 102 West Mills, El Paso, Texas.

District 8

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

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

(Attachment)

19.5.

Discussion and action that the City Manager be authorized to sign a Chapter 380 Economic Development Program Agreement in a form substantially similar to the attached document by and between CITY OF EL PASO (“City”) and MILLS PLAZA PROPERTIES II (“Applicant”) in support of the redevelopment, construction and operation of the Convention Center Hotel located at 106 Mills Avenue, El Paso, Texas, and known as the Plaza Hotel.

On September 19, 2017, the City approved the term sheet for Mills Plaza Properties II, LP (MPPII), Plaza Hotel, for a $78 million redevelopment of a 4-star hotel, 100-room hotel to include parking garage located at 102 West Mills, El Paso, Texas.

District 8

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

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

(Attachment)

19.6.

Presentation and discussion by Project Arriba on their Annual report on status of activities during the fiscal year, use of grant funds, and progress in the performance measures required under the agreement executed on August 27, 2013 with the City of El Paso.

All Districts

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

Project Arriba, Roman Ortiz, (915) 834-4055

(Attachment)

20.

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

20.1.

Discussion and action to approve a budget transfer to increase the FY2018 Confiscated Funds and appropriations as follows: State Confiscated Funds Budget by $372,630.00; Federal Confiscated Funds Budget by $224,324.21; and Treasury Confiscated Funds Budget by $5,900.00.

Funds are received through awards and must be used to further law enforcement activities.  The proposed FY 2018 Confiscated Funds Budget will allow the Police Department to purchase Recruiting Billboards, media and radio spots for future recruits, public safety equipment, provide training to employees and fund substance abuse and prevention programs.  The major planned purchases are detailed in the attached document.

All Districts

Police Department, Assistant Chief Victor Zarur, (915) 212-4307

(Attachment)

21.

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

21.1.

Discussion and action on a Resolution authorizing the City Manager to execute a contract of sale pursuant to the terms of the acquisition term sheet, between Palo Verde Properties, L. P. and Jennifer Walker Hill (sellers) and the City of El Paso (buyer) for the purchase of approximately 280 acres for a purchase price of $3,500,000.00, to accept the donation of approximately 72.41 acres appraised at $1,340,000.00, out of Tract 1b, Section 7, Block 81, Township 2, Texas and Pacific Railway Company Surveys and for the dedication of approximately 13.59 acres to the City by plat as part of Sierra del Puerte unit 3 and unit 4 for open space.

District 4

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

(Attachment)

22.

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

22.1.

Presentation regarding the new provisions for Residential Distributed Generation Customers of El Paso Electric Company.

All Districts

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

(Attachment)

22.2.

Discussion and action on a Resolution Addressing Interim Accounting for Texas Gas Service Company, Division of ONE Gas, Inc. due to the income tax reduction from the Tax Cuts and Jobs Act of 2017.

All Districts

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

(Attachment)

22.3.

Discussion and action on a Resolution replacing the apprenticeship program adopted on September 24, 2013.

All Districts

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

(Attachment)

23.

MAYOR AND COUNCIL

23.1.

Discussion and action to create a special projects City account/fund to accept public monetary donations to help defray the cost of body worn cameras for the El Paso Police Department. [POSTPONED FROM 01-23-18]

All Districts

Representative Henry Rivera, (915) 212-0007

(Attachment)

23.2.

Discussion and action regarding a Resolution that the City of El Paso appoint Ronald Wallace Lowenfield as a regular appointee to the Central Appraisal District Board of Directors for a new term that commences on January 1, 2018.

Mayor Dee Margo, (915) 212-0021

(Attachment)

23.3.

Discussion and action regarding a Resolution that the City of El Paso appoint Samuel M. Trimble as a regular appointee to the Central Appraisal District Board of Directors for a new term that commences on January 1, 2018.

Mayor Dee Margo, (915) 212-0021

(Attachment)

24.

MANAGEMENT UPDATES

24.1.

Presentation and discussion on the 1st Quarter Financial Report for FY 2018.

All Districts

Office of Management and Budget, Robert Cortinas, (915) 212-1092

(Attachment)

24.2.

Shade over Playgrounds – PLD Ordinance Change.

All Districts

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

(Attachment)

24.3.

Streetcar Transition Update

Districts 1 and 8

Sun Metro, Jay Banasiak, (915)212-3301

(Attachment)

24.4.

Presentation and discussion on the quarterly CIP Update.

All Districts

Capital Improvement, Sam Rodriguez, (9150 212-0065

(Attachment)

EXECUTIVE SESSION

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

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

EX1.

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

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

EX2.

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

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

EX3.

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

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

EX4.

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

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

EX5.

Economic Incentives for a Convention Center Hotel located in the City of El Paso. (17-1007-1895) (551.071) (551.072) (551.087)

Economic and International Development, Jessica Herrera, (915) 212-0094

EX6.

Economic Incentives for a Customer Service Technology Company located in the City of El Paso. (18-1007-2120) (551.71) (551.087)

Economic and International Development, Jessica Herrera, (915) 212-0094

EX7.

Economic Incentive (WestStar Tower, LLC) (15-1007-1553) (551.071) (551.087)

Economic and International Development, Jessica Herrera, (915) 212-0094

EX8.

Carina Canaan and Levi Lane v. City of El Paso; Matter No. 16-1065-068 (551.071)

City Attorney’s Office, Anelisa Benavides (915) 212-0033

EX9.

Francisco Ramirez v. Leon Fonseca and the City of El Paso, Texas; Matter No. 18-1026-9150 (551.071)

City Attorney’s Office, Oscar G, Gabaldón, Jr. (915) 212-0033

EX10.

212 W. Overland Ave., El Paso, Texas (551.071 and 552.072)

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

EX11.

Monthly update from Legal Department regarding pending litigation and claims. (551.071)

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

ADJOURN

NOTICE TO THE PUBLIC:

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

Hearing Assistance Devices are available upon request.

ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET ON THURSDAY PRIOR TO THE MEETING AT THE ADDRESS BELOW:

http://www.elpasotexas.gov/