City Council

Oscar Leeser

Ann Morgan Lilly, District 1

Mayor

Larry Romero, District 2

Emma Acosta, District 3

Carl L. Robinson, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz, District 6

Lily Limón, District 7

Cortney Carlisle Niland, District 8

February 9, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

Wiggs Middle School

Carla Barraza

Alan Borunda

Perla Elizalde

Elliot Hinojos

Destiny Smith

Sofia Valencia

8:00 A.M. – 8:30 A.M. CALL TO THE PUBLIC – PUBLIC COMMENT

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

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

MAYOR’S PROCLAMATIONS

1.

Flashdance Day

2.

2-1-1 Day

NOTICE TO THE PUBLIC

All matters listed under the CONSENT AGENDA, including those on the Addition to the Agenda, will be considered by City Council to be routine and will be enacted by one motion unless separate discussion is requested by Council Members. Prior to the vote, members of the audience may ask questions regarding items on the consent agenda. When the vote has been taken, if an item has not been called out for separate discussion, the item has been approved. Council may, however, reconsider any item at any time during the meeting. The wording of all agenda items shall appear in the minutes of this meeting of the City Council as posted, unless otherwise revised by this or other motion of Council, without the necessity of the City Clerk reading the wording of each item into the record.

CONSENT AGENDA - APPROVAL OF MINUTES:

1.

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

1.1.

Approval of Minutes for the Regular City Council Meeting of February 3, 2015, the Legislative Review Meeting of the Whole of February 2, 2015, and the Special City Council Meeting of February 2, 2015.

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

(Attachment)

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

Representative Emma Acosta

CONSENT AGENDA - RESOLUTIONS:

3.

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

3.1.

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

Districts 1, 2, 4, 5, 7, and 8

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

(Attachment)

3.2.

That the Mayor be authorized to sign an Interlocal Agreement with the El Paso County 911 District (“911 District”) to give access to the 911 District and other local public safety and law enforcement agencies (“Agencies”) identified in this Interlocal Agreement to the City’s P25 platform 800MHZ Digital Radio System (“P25 Systems”) through the use of the 911 District and other Agencies’ radios which will enable all the entities to participate in the P25 System and that 911 District shall be remit to the City an annual amount not to exceed $300,000 for the maintenance cost of the P25 System; and that the City Manager be authorized to establish any appropriations associated with this Interlocal Agreement.

Department:                           Information Technology

Districts(s):                             All

Reference No.:                      2015-650

All Districts

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

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

(Attachment)

4.

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

4.1.

A resolution that the closure of rights-of-way for The 2015 Susan G. Komen El Paso Race for the Cure from 5:00 a.m. to 11:00 a.m. on Sunday, March 1, 2015 serves a public purpose 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 in excess of four hours for portions of Texas Avenue (SH20) and North Mesa Street (SH20), and the companion agreement between the City of El Paso and Susan G. Komen El Paso to assume responsibilities for and during the Event, 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.

District 8

Planning & Inspections, Elizabeth Gibson, (915) 212-1500

Planning & Inspections, Martin Camarillo, (915) 212-1506

(Attachment)

5.

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

5.1.

That the City finds that TSI TITLE COMPANY showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 property taxes and the tax refund in the amount of $834.10 is approved.

All Districts

Tax Office, David Childs, 915-212-1736

(Attachment)

5.2.

That the City finds that SERGIO TRIANA showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2010 property taxes and the tax refund in the amount of $3,323.67 is approved.

All Districts

Tax Office, David Childs, 915-212-1736

(Attachment)

5.3.

That the City finds that LOS PAISANOS JOINT VENTURE showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2009 property taxes and that the tax refund in the amount of $16,960.25 is approved.

All Districts

Tax Office, David Childs, 915-212-1736

(Attachment)

6.

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

6.1.

That the City Manager be authorized to sign an Underground Electrical and Transformer Pad Easement which will allow the El Paso Electric Company to provide electrical power to the EPIA Consolidated Rental Car Agency Complex, at 6505 Convair Road, more particularly described as a portion of Lot 2, EPIA CONRAC SUBDIVISION, City of El Paso, El Paso County, Texas.

All Districts

Engineering & Construction Management, Irene D. Ramirez, (915) 212-1831

(Attachment)

6.2.

That the City Manager be authorized to sign a Contract of Sale between the CITY OF EL PASO and OLIVAS ENTERPRISES, INC., a Texas corporation, for the purchase of approximately 11,828 square foot property adjacent to the Mission Valley Transit Terminal on that certain property described as Lots 7, 8 and 9, Block 2, HARRIS TRACT, YSLETA, an Addition to the City of El Paso, according to the plat thereof, recorded in Volume 4, Page 33, Plat Records of El Paso County, Texas and more commonly known as 110 N. Harris St., City of El Paso, 79907 in the amount of $260,000.00 for mass transit use in order to enhance a regional comprehensive transportation system, and that the City Manager, or designee, be authorized to sign any necessary documents to accomplish the intent of this Resolution.

District 6

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

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

7.

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

7.1.

Brian Burds to the El Paso Bond Overview Advisory Committee by Representative Carl L. Robinson, District 4.

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

(Attachment)

8.

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

8.1.

Gloria Alva Boyer to the Foster Grandparent Program by Representative Ann Morgan Lilly, District 1.

Representative Ann Morgan Lilly, (915) 212-1002

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

9.

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

9.1.

John Paul Gray to the Capital Improvement Advisory Committee by Representative Ann Morgan Lilly, District 1.

Representative Ann Morgan Lilly, (915) 212-1002

(Attachment)

9.2.

John Eric Eyberg to the Bicycle Advisory Committee by Representative Carl L. Robinson, District 4.

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

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

10.

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

10.1.

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

All Districts

Tax Office, David Childs, 915-212-1736

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

11.

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

11.1.

Accept the donation of $5,000 from FirstSouthwest and $5,000 from El Paso Electric Company for the Economic Development Familiarization Tours.

Mayor Oscar Leeser, (915) 212-0021 

CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS:

12.

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

12.1.

For notation pursuant to Section 2.92.110 of the City Code:  receipt of campaign contributions by Representative Cortney Carlisle Niland on January 15, 2015 in the amount of $500 from Robert Brown; on January 16, 2015 in the amount of $500 from Kirk Robison; in the amount of $1,000 from Stanley Jobe; in the amount of $500 from Scott Bain; in the amount of $500 from Bobby Bowling; in the amount of $500 from Randy Bowling; in the amount of $500 from Gregory Bowling; in the amount of $500 from Lane Gaddy; in the amount of $1,000 from Harold Hahn; in the amount of $500 from Robert L. Bowling, in the amount of $500 from Will Harvey; on January 18, 2015 in the amount of $500 from Adam Frank; and on January 27, 2015 in the amount of $500 from Bob Hoy.

Representative Cortney Niland, (915) 212-0008

CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

13.

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

13.1.

Request that the Director of the Purchasing & Strategic Sourcing Department be authorized to exercise the City’s option to extend current Contract 2012-109 Spanish Language Magazines with Latin American Periodicals, LLC for two (2) additional years pursuant to the provisions of an award approved by the City Council on April 24, 2012.  The extended contract period will be from April 24, 2015 to April 23, 2017.

Department:                                        Library

Award to:                                             Latin American Periodicals, LLC

                                                            Nogales, AZ

Option:                                                2 Years

Annual Estimated Amount:                 $100,000.00

Total Estimated Amount:                    $200,000.00 (2 years)

Account No.:                                       453-53010-1000-531030

Funding Source:                                 General Funds

District(s):                                            All

This is a low bid, supplies contract

All Districts

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

Library, Dionne Mack, (915) 543-5413

(Attachment)

14.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

14.1.

Request that the Director of the Purchasing & Strategic Sourcing Department be authorized to exercise the City’s option to extend current Contract 2012-191R Veterinary Services – Animal Shelter with (V1) Bernie Ray Page, DVM, (V2) Lawrence M. Koym, DVM, (V3) Alvaro Medina, DVM, (V4) Dennis W. Flosi, DVM for one (1) additional year pursuant to the provisions of an award approved by the City Council on February 24, 2012.  The extended contract period will be from May 1, 2015 to April 30, 2016.

Department:                                         Environmental Services

Award Extension to (V1):                    Bernie Ray Page, DVM

                                                                        El Paso, TX

Annual Estimated Amount:                  $150,000.00

Total Estimated Amount:                     $150,000.00 (1 Year)

Award Extension to (V2):                    Lawrence M. Koym, DVM

                                                             Mason, TX

Annual Estimated Amount:                  $40,000.00

Total Estimated Amount:                     $40,000.00 (1 Year)

Award Extension to (V3):                    Alvaro Medina, DVM

                                                             El Paso, TX

Annual Estimated Amount:                  $30,000.00

Total Estimated Amount:                     $30,000.00 (1 Year)

Award Extension to (V4):                    Dennis W. Flosi, DVM

                                                             El Paso, TX

Annual Estimated Amount:                  $15,000.00

Total Estimated Amount:                     $15,000.00 (1 Year)

Annual Estimated Award:                    $235,000.00

Total Estimated Award:                       $235,000.00 (1 Year)

Account No.:                                        334 – 3120-34050-P3450-522150

Funding Source:                                  Animal Shelter – Outside Contracts

District(s):                                            All

This is a Request for Qualifications, Service contract

All Districts

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

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

(Attachment)

REGULAR AGENDA - INTRODUCTIONS

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

Public comment typically is not taken during the introduction of ordinances. Public comments are invited at the date of the scheduled public hearing. Public Hearings will be held as part of the regular City Council meeting that begins at approximately 8:00 a.m. All interested persons present shall have an opportunity to be heard at that time. After the public hearings, Council may also delay taking action on Ordinances; no requirement is made by Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for review in the City Clerk’s office, 300 N. Campbell, Monday through Thursday, 7:00 a.m. to 6:00 p.m.

15.

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

15.1.

An Ordinance authorizing the City Manager to sign a Contract of Sale and a Special Warranty Deed conveying a 0.7659 acre parcel of land being a portion of Section 17, Block 81, Township 2, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas, and any other documents necessary to complete the sale to Jobe Materials, L.P.

District 2

El Paso Water Utilities, Lupe Cuellar, (915) 594-5636

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 17, 2015

16.

Goal 3: Promote the Visual Image of El Paso:

16.1.

An Ordinance changing the zoning of the following real property known as Parcel 1: a portion of Section 2, Block 79, Township 3, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas, from R-F (Ranch and Farm) to C-2 (Commercial); and Parcel 2: a portion of Section 2, Block 79, Township 3, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas, from R-F (Ranch and Farm) to R-5 (Residential); and, Parcel 3: a portion of Section 2, Block 79, Township 3, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas, from R-F (Ranch and Farm) to C-2 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: South of Montwood Drive and East of Rich Beem Boulevard. Property Owner: Ranchos Real IV, LTD. PZRZ14-00064

District 5

Planning and Inspections Department, Andrew Salloum, 915-212-1613

Planning and Inspections Department, Alex Hoffman, 915-212-1566

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 3, 2015

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

17.

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

17.1.

Discussion and action that the City Manager be authorized to execute the Frequency Reconfiguration Agreement with Sprint Corporation for the reconfiguration of the 800 MHz frequency as required by the Federal Communications Commission, which reconfiguration includes the frequency allocated to the City of El Paso for its law enforcement communications. City and vendor costs will be reimbursed by Sprint.

Additionally it is requested that the City Attorney’s Office review and that the City Manager be authorized to execute any related documents and agreements necessary to effectuate this award.

Department:                            Information Technology 

Districts(s):                              All

Reference No.:                       2015-648

All Districts

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

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

(Attachment)

17.1.1

Discussion and action that the City Manager be authorized to sign the Agreement for Programming Services by and between the City of El Paso and R.T.C., Inc., a Texas Corporation, for a project known as “El Paso Statistical Area Communications System”, to provide programming services for all the re-banding and reconfiguration activities as a result of the April 1, 2013 adoption by the Federal Communication Commission and the Homeland Security Bureau of a reconfiguration channel plan for the 800 MHz band along the U.S.- Mexico border, in the amount of Forty Seven Thousand Three Hundred Thirty Five and No/00 Dollars ($47,335.00) to be paid by Nextel Communications, Inc.

Department:                Information Technology 

Districts(s):                  All

Reference No.:           2015-648

All Districts

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

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

(Attachment)

17.1.2

Discussion and action that the City Manager be authorized to sign the Fourth Amendment to the Agreement for Professional Services by and between the City of El Paso and Federal Engineering, Inc., a Maryland Corporation, for a project known as “El Paso Statistical Area Communications System”, to add additional services necessary for Federal Engineering, Inc. to act as a primary project coordinator for all the re-banding and reconfiguration activities as a result of the April 1, 2013 adoption by the Federal Communication Commission and the Homeland Security Bureau of a reconfiguration channel plan for the 800 MHz band along the U.S.- Mexico border, in the amount of One Hundred Twenty Thousand Six Hundred Forty Four and No/00 Dollars ($120,644.00) to be paid by Nextel Communications, Inc. and thereby extending the contract amount from $764,220.55 to $884,864.55.

Department:                  Information Technology 

Districts(s):                    All

Reference No.:              2015-648

All Districts

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

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

(Attachment)

17.1.3

Discussion and action on a request that the Purchasing Director for the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order(s) to Trapeze Software Group, Inc., a sole source of 800 MHz Rebanding Support Services.

Additionally it is requested that the City Attorney’s Office review and that the City Manager be authorized to execute any related documents and agreements necessary to effectuate this award.

Department:                           Information Technology

Award to:                                Trapeze Software Group, Inc.

                                                Mississauga, Ontario

Total Estimated Award:          $41,433.34

Account No.:                          NA

Funding Source:                     NA

District(s):                               All

Reference No.:                       2015-648

This is a sole source, (unit price) contract.

All Districts

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

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

(Attachment)

17.1.4

Discussion and action on a request that the Director for the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order(s) to Motorola Solutions a contractor under HGAC Contract #RA05-12 for the purchase of reconfiguration implementation phase products and services for the 800 MHz Public Safety Systems rebanding project. Federal Communication Commission (FCC) 800 MHz Report and Order (FCC 04-168) requires that Sprint Nextel provide the funds for affected public safety agencies to reconfigure their systems with new frequencies comparable to those presently in use.

The participation by the City of El Paso in the HGAC cooperative program was approved by Mayor and City Council on November 8, 2011.

Additionally it is requested that the City Attorney’s Office review and that the City Manager be authorized to execute any related documents and agreements necessary to effectuate this award.

Department:                            Information Technology

Award to:                                Motorola Solutions

                                                Schaumburg, IL

Total Estimated Award:          $1,145,718.38

Account No.:                           NA

Funding Source:                     Sprint Nextel

District(s):                               All

Reference No.:                       2015-648

This is a Cooperative, (unit price) contract.

All Districts

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

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

(Attachment)

18.

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

18.1.

Discussion and action on the award of Solicitation No. 2015-433 for Street Resurfacing 2015 to ZTEX CONSTRUCTION, INC., for an estimated total amount of $7,999,002.60.

Department:                             Engineering and Construction Management

Award to:                                  ZTEX CONSTRUCTION, INC.

                                                 El Paso, TX

Base Bid 1:                               $7,999,002.60

Total Estimated Award:            $7,999,002.60

Time for Completion:               365 Consecutive Calendar Days

Accounts:                                 580270-4740-190-28900-PCP13ST002RSY3

Funding Source:                       Street Infrastructure FY 13 and FY 14

District:                                     All

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.

This is a low bid, unit price contract.  The Engineering & Construction Management Department recommends award as indicated to the lowest responsive and responsible bidder.

[POSTPONED FROM 01-27-2015]

All Districts

Engineering and Construction Management, Irene D. Ramirez, (915) 212-1831

Department of Transportation, Ted Marquez, (915) 212-0118

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

19.

MAYOR AND COUNCIL:

19.1.

Discussion and action on a Resolution of support for legislation during the 84th Legislative Session that promotes appraisal district legal fee reform, equity appeals reform, mandatory real estate sales price disclosure in order to accurately and fairly appraise all property.

Representative Ann Morgan Lilly, (915) 212-1002

(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.

ADJOURN

NOTICE TO THE PUBLIC:

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

Hearing Assistance Devices are available upon request.

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

http://www.elpasotexas.gov/