City Council

Oscar Leeser

Peter Svarzbein, 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

AGENDA FOR REGULAR COUNCIL MEETING

February 9, 2016

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

February 8, 2016

9:00 AM

ROLL CALL

INVOCATION BY RABBI BEN ZEIDMAN

PLEDGE OF ALLEGIANCE

El Paso Jewish Academy

Dalya Berg

Hana Berg

Jack Berg

Miriam Davidoff

Shana Katan

Davna Rosenfield

Asher Rubin

Moshe Ureste

Shalom Sosa

Ian Terell

MAYOR’S PROCLAMATIONS

1.

National Girls and Women in Sports Week

2.

El Paso Senior Games Months

3.

The Hospitals of Providence Sierra Campus Month

4.

FAFSA Nights

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.

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 January 26, 2016, the Legislative Review Meeting of the Whole of January 25 2016, and the Special City Council Meeting of January 25, 2016.

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

(Attachment)

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

Representative Larry Romero

CONSENT AGENDA - ACTION ON THE FOLLOWING RESOLUTIONS:

3.

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

3.1.

A Resolution that the City Manager be authorized to sign two agreements between the City of El Paso and Federal Aviation Administration (“FAA”), being (1) that certain Memorandum of Agreement No. DTFACN-15-L-00119, pertaining to the lease by the FAA of 3.207 acres of land, more or less, located at the El Paso International Airport, and as described therein, for use as the Air Traffic Control Tower Land Site, and (2) that certain Operations Agreement for Sponsor Traffic Control Tower, pertaining to the operation thereof.

All Districts

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.2.

A Resolution that the City Manager be authorized to sign an Air Cargo Center Agreement by and between the City of El Paso (“Landlord”) and Science Applications International Corporation (SAIC) (“Tenant”) for the following described property:

That certain office and warehouse space containing approximately 22,022 square feet as shown on Exhibit “A” to said Agreement, known as the Air Cargo Center, 301 George Perry Blvd., Suite C, El Paso, Texas, together with portions of the loading dock, front vehicle parking area, and the rear parking apron, all as set forth therein the Agreement

Term:  Three (3) year term with one (1) – three (3) year option.

Rental Rate:  22,022 sq. ft. @ $6.51 per square foot per annum.

Annual Rent:  $143,363.22 per year

Option Period:  In the event that Tenant exercises the Option to extend, the percentage increase in the Consumer Price Index for all Urban Consumers (CPI-U) shall govern the rent readjustment for the Option Period with a 20% cap.

Subtenants:  None

District 2

Airport,  Monica Lombraña, (915) 780-4793

(Attachment)

3.3.

A Resolution that the City Manager be authorized to sign and enter into an Other Transaction Agreement (OTA) between the Department of Homeland Security, The Transportation Security Administration (TSA), and the City of El Paso, Texas, relating to El Paso International Airport (EPIA) Main Terminal and other necessary documents when the form and substance of those documents has been reviewed and approved by the City Attorney’s office.  This agreement established cost-sharing obligations and responsibilities of the TSA and EPIA with respect to design services necessary to construct an inline Checked Baggage Inspection System (CBIS) utilizing Explosive Detection Systems (EDS) at EPIA.

All Districts

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.4.

A Resolution to approve an Empowerment Zone Revolving Loan Fund Small Business Loan application and loan funding to Red Lantern LLC in the amount of $90,000, as recommended by the Director of Community and Human Development; and, that the City Manager be authorized to execute any and all loan related documents by and among the City of El Paso, Red Lantern LLC, and loan guarantor(s), required to meet loan program requirements, loan disbursement, and loan securitization upon approval by the City Attorney’s Office.

District 6

Community and Human Development, Verónica R Soto, (915) 212-0138

(Attachment)

3.5.

A Resolution pursuant to Section 3.04.035 of the El Paso City Code, the property owner of property described as 16 Sunset Heights 26 & 27 & S 1/2 of 25 in the City of El Paso, El Paso County, Texas, commonly known as 717 W. Yandell Dr., is hereby exempt from any increase in the City’s portion of the ad valorem taxes on the value of the improvement for a period of 10 years beginning on January 1, 2017 and ending December 31, 2026, provided that all City Code requirements are met.

District 8

Economic and International Development, Providencia Velazquez, (915) 212-1567

(Attachment)

4.

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

4.1.

A Resolution that the City Council of the City of El Paso declares an amnesty period effective February 22, 2016 through March 5, 2016, ending at 12:00 midnight on March 5, 2016. During this amnesty period, all violators who pay outstanding parking citations will have the total delinquency fees and collection fees reduced to zero, leaving only the fine amount to be paid for each delinquent citation which is paid voluntarily. Also, to approve the budget transfer totaling $55,182 that will be needed to fund promotional, security, supplies and personnel expenses.

All Districts

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

(Attachment)

5.

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

5.1.

A Resolution to change the name of the Hispanic Cultural Center Subcommittee to the Mexican American Cultural Center Subcommittee in order to be consistent with the name for the Quality of Life Project.

Representative Lily Limón, (915) 212-0007

(Attachment)

6.

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

6.1.

A Resolution that the City Council approves a Change Order in the amount of Four Hundred Sixty Thousand Nineteen and 68/100 Dollars ($460,019.68) to Martinez Brothers Contractors, LLC. for additional construction costs for the  Sun Metro RTS Mesa Project, Contract No. 2013-011 . No additional days will be added to Contract number 2013-011.  The new contract sum, including this change order is Eleven Million Four Hundred Eighty Seven Thousand Six Hundred Sixty Two and 15/100 Dollars ($11,487,662.15). Funding Source: 2011 Transportation Certificates of Obligation

Districts 1 and 8

Capital Improvement, Monica Lombrana, (915) 212-1831

(Attachment)

6.2.

A Resolution that the City Manager be authorized to sign a two year On-Call Agreement for Professional Services by and between the City of El Paso and MNK Architects, Inc, for a project known as “ARCHITECTURAL SERVICES-EPIA” for an amount not to exceed Five Hundred Thousand and No/00 Dollars ($500,000.00); and that the City Manager or Designee be authorized to approve up to $50,000.00 in additional services for a total contract amount not to exceed Five Hundred Fifty Thousand and No/00 Dollars ($550,000.00); and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of the Agreement. Funding source: Passenger Facility Charge and Airport Enterprise Funds

District 3

Capital Improvement, Monica Lombrana, (915) 212-1831

(Attachment)

7.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

7.1.

Resolutions that the City of El Paso supports the following projects for submission for the 2016 9% Regional Competitive and Statewide At-Risk Low Income Housing Tax Credit applications and identified funding commitments if approved:

1.         Salazar Park located southeast of Montana Avenue and N. Yarbrough Drive, El Paso, Texas 79935 (TDHCA Application number 16352)

2.         Keystone Place located at 1331 Pullman Drive, El Paso, Texas 79936 (TDHCA Application number 16273)

3.         Ridgestone Estates located at 11371 Ardelle Avenue, El Paso, Texas 79936 (TDHCA Application number 16286)

4.         River Palms located  at 14001 Pebble Hills Boulevard, El Paso, Texas 79938 (TDHCA Application number 16048)

5.         Gonzalez Apartments located southwest of Montana Avenue and Rich Beem Boulevard, El Paso, Texas 79938 (TDHCA Application number 16354)

Districts 3, 5, and 6

Community and Human Development, Verónica R. Soto, (915) 212-0138

(Attachment)

7.2.

A Resolution that the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso (the “City”) and the Texas Tech University Health Sciences Center at El Paso (“TTUHSC-EP”), for the period of February 9, 2016 through January 31, 2018, pursuant to which TTUHSC-EP researchers shall develop a regional human dental tissue and fluid bank, analyze said tissue and fluid samples for factors which may contribute to dental disease and chronic health conditions, and disseminate results to City Council and other stakeholders to improve the health status of underserved populations in El Paso, and for which the City shall pay TTUHSC-EP up to $958,058.00 with funding from the Texas Healthcare and Quality Improvement Program 1115 Demonstration Waiver Program to support Medicaid Waiver projects.

All Districts

Public Health, Robert Resendes, (915) 212-6500

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

8.

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

8.1.

Georgina Panahi to the Greater El Paso Civic, Convention, and Tourism Advisory Board by Representative Emma Acosta, District 3.

Representative Emma Acosta, (915) 212-0003

(Attachment)

9.

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

9.1.

Bob R. Brannon to Civil Service Commission by Representative Peter Svarzbein, District 1.

Representative Peter Svarzbein, (915) 212-1000

(Attachment)

10.

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

10.1.

Omar Veliz  to the Construction Board of Appeals by Representative Emma Acosta, District 3.

Representative Emma Acosta, (915) 212-0003

(Attachment)

10.2.

Darrell Tran to the Zoning Board of Adjustment by Representative Cortney Niland, District 8.

Representative Cortney Niland, (915) 212-0037

(Attachment)

11.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

11.1.

Frederic P. Dalbin to the Regional Renewable Energy Advisory Council by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

12.

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

12.1.

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

All Districts

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

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

13.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

13.1.

Accept the donation of $5,000.00 from Southwest Land Development Services, Inc. for the Familiarization Tours.

Mayor Oscar Leeser, (915) 212-0021

13.2.

Accept the donation of $5,000.00 from Jobe Materials, L.P. for the Familiarization Tours.

Mayor Oscar Leeser, (915) 212-0021

CONSENT AGENDA - BEST VALUE PROCUREMENTS:

14.

Goal 3: Promote the Visual Image of El Paso

14.1.

Request that the Director of the Purchasing & Strategic Sourcing Department be authorized to exercise the City’s option to extend current contract 2013-148 Security Guard Services for Parks Facilities with Mike Garcia Merchant Security, LLC for two (2) additional years pursuant to the provisions of an award approved by the City Council on March 14, 2013.  The extended contract period will be from May 14, 2016 to May 13, 2018.

Department:                            Parks and Recreation

Award to:                                             Mike Garcia Merchant Security, LLC

                                                            El Paso, TX

Option:                                                (2) years

Annual Estimated Amount:     $150,220.00

Total Estimated Amount:        $300,440.00 (2 years)

Account No.:                                       451-51230-522120-1000-P5106

                                                            451-51240-522120-1000-P5108

                                                            451-51260-522120-1000-P5111

                                                            451-51260-522120-1000-P5121

                                                            451-51270-522120-1000-P5113

                                                            451-51280-522120-1000-P5116

Funding Source:                                 General Fund – Security Contracts

District(s):                                            All

This is a Best Value, services contract.

All Districts

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

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

(Attachment)

15.

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

15.1.

A Resolution that the City Manager be authorized to sign Consent to Assignment of Contract No. 2013-271 for High Pressure and Low Pressure and Brake Coupled Hose Line, Hose Machines Rental and Field Service (Re-Bid) from Masthead Industries, Inc. d/b/a Hose Power to Bridgestone HosePower, LLC d/b/a HosePower USA.

All Districts

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

Streets and Maintenance, Ted Marquez, (915) 212-0119

(Attachment)

15.2.

Request that the Director of Purchasing & Strategic Sourcing be authorized to exercise the City’s option to extend current Contract 2013-271 High Pressure and Low Pressure and Brake Coupled Hose Line, Hose Machines Rental and Field Service with Masthead Industries, Inc., dba Hose Power for two (2) additional years pursuant to the provisions of an award approved by the City Council on October 22, 2013. The extended contract period will be from October 22, 2016 to October 21, 2018.

Department:                                        Streets & Maintenance 

Award to:                                Masthead Industries, Inc. dba: Hose Power

                                                            El Paso, TX

Option:                                                Two Year

Annual Estimated Amount:     $90,000.00

Total Estimated Amount:        $180,000.00

Account No.:                                       532 – 37020 – 531210 – 3600 – P3711

                                                            532 – 37020 – 531250 – 3600 – P3701           

Funding Source:                                 Inventory Purchases Materials and Supplies

                                                            Equipment Outside Repair Services

District(s):                                All

This is a Best Value, services contract.

All Districts

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

Streets & Maintenance, Ted Marquez, (915) 212-0119

(Attachment)

CONSENT AGENDA - BIDS:

16.

Goal 3: Promote the Visual Image of El Paso

16.1.

The award of Solicitation No 2016-483 Supplemental Foliar Nutrients for Sports Turf to Turf Care of Texas, LLC for an initial three (3) year term estimated award of $84,787.50.  The award is to include a two (2) year optional amount of $56,525.00 for a total five (5) year award of $141,312.50. The initial performance period is February 9, 2016 through February 8, 2019.

Department:                                        Parks and Recreation

Award to:                                 Turf Care of Texas, LLC.      

                                                            McKinney, TX

Item(s):                                    All

Initial Term:                            3 years

Option to Extend:                                2 years

Annual Estimated Amount:     $28,262.50     

Initial Term Estimated Award:           $84,787.50 (3 years)

Total Estimated Amount:        $141,312.50 (5 years)

Account No.:              451-51295-531130-1000-P5120        

Funding Source:                     General Fund

District(s):                                All       

This is a Low Bid, unit price contract.

The Purchasing & Strategic Sourcing Department and Parks and Recreation Department recommend award as indicated to Turf Care of Texas, LLC, the lowest responsive, responsible bidder. 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)

17.

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

17.1.

The award of Solicitation No. 2016-295 for Jorge Montalvo Park Improvements to PRIME IRRIGATION & LANDSCAPE, INC. for an estimated total amount of $80,962.50.

Department:    Capital Improvement

Award to:                     PRIME IRRIGATION & LANDSCAPE, INC.

                                    El Paso, TX

Item(s):                        All

Term:                         75 Consecutive Calendar Days

Total Estimated Award:          $80,962.50

Account No:                     580270-190-4800-29010-PCP14NIPD4B-$67,300.00

                                           580270-451-2210-51480-PCP14NIPD4B-$13,662.50

Funding Source:         2012 Quality of Life - NIP

District:                        4

This is a Low Bid, unit price contract.

The Purchasing and Strategic Sourcing Department and Capital Improvement Department recommend award as indicated to PRIME IRRIGATION & LANDSCAPE, 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 contract term.

As a part of this award, upon the review of the City Attorney, the Department Head 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 4

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

Capital Improvement, Monica Lombrana (915) 212-0065

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

18.

MAYOR AND COUNCIL

18.1.

Discussion and action on the Development of a 2nd Phase of the El Paso Streetcar Project.

Representative Cortney Niland, (915) 212-0037

Representative Peter Svarzbein, (915) 212-0001

(Attachment)

REGULAR AGENDA - FIRST READING OF ORDINANCES

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

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

19.

Goal 3: Promote the Visual Image of El Paso:

19.1.

An Ordinance changing the zoning of the property described as Lots 8 to 11, Block 23, Sunset Heights, 519 Los Angeles Drive, City of El Paso, El Paso County, Texas from R-4/H (Residential/Historic) and A-2/H (Apartment/Historic) to S-D/H (Special Development/Historic). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 519 Los Angeles Drive. Property Owner: Setmax, LLC. PZRZ15-00033

District 8

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 8, 2016

19.2.

An Ordinance granting Special Permit No. PZST15-00043 to allow for infill development for reduction in the front setback and the reduction of the separation of structures and a parking reduction on the property described as Lots 8 to 11, Block 23, Sunset Heights, 519 Los Angeles Drive, 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: 519 Los Angeles Drive. Property Owner: Setmax, LLC. PZST15-00043

District 8

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 8, 2016

19.3.

An Ordinance changing the zoning of the property described as Lot 13 and part of Lot 14, Sunrise Acres No. 3, 4040 Hercules Avenue. City of El Paso, El Paso County, Texas from A-2/sc (Apartments/special contract) 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 commercial retail use 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: 4040 Hercules Avenue. Property Owner: International Cutting Services, LTD. PZRZ15-00038

District 2

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 8, 2016

19.4.

An Ordinance releasing all conditions placed by Special Contract No. 96267 approved on June 23, 1969 on Lot 13 and part of 14, Sunrise Acres No. 3, 4040 Hercules Avenue, City of El Paso, El Paso County, Texas. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 4040 Hercules Avenue. Property Owner: International Cutting Services, LTD. PZCR15-00005

District 2

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 8, 2016

19.5.

An Ordinance changing the zoning of the following parcels: West 89.8 feet of Lot 44, Cinecue Park Subdivision, 8125 Starr Avenue, City of El Paso, El Paso County, Texas from R-F (Ranch-Farm) to R-3 (Residential). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 8125 Starr Avenue. Property Owners: Michelle Gicelda Zumudio Martinez.; Jorge & Ramona Mota PZRZ15- 00030 THIS IS A 211.

District 7

Planning and Inspections, Larry F. Nichols, (915) 212-1550

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 8, 2016

19.6.

An Ordinance granting Special Permit No. PZST15-00035, to allow for a Ground-mounted 75’ Personal Wireless Service Facility on the property described as a portion of the underlying parcel known as all of Block 130, a portion of Blocks 105, 134, and 135, and a portion of the closed Alhambra, Patterson, and Bosworth Streets in Austin Terrace Third Supplement Map as amended of the Government Hills Addition, 4700 Leeds Avenue, City of El Paso, El Paso County, Texas, Pursuant to Section 20.10.455 of the El Paso City Code. The penalty being as provided in Chapter 20.24 of the El Paso City Code. Subject Property: 4700 Leeds. Property Owner: Cross of Grace Church, Inc. PZST15-00035

District 2

Planning and Inspections, Larry Nichols, (915) 212-1550

Planning and Inspections, Alfredo Austin, (915) 212-1604

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 8, 2016

20.

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

20.1.

An Ordinance authorizing the City Manager to sign a Contract of Sale with RAKMR I, LTD. for the sale of sixteen parcels owned by the City of El Paso, and being more particularly described as Lots 2, 9, 11 and 13, Block 9, Lots 1, 3, 4 6, 8 and 9, Block 10, Lots 3, 5, 7, 10 and 11, Block 11, and Lot 4, Block 12, Summerlin Subdivision, an addition to the City of El Paso, El Paso County, Texas.

District 4

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

Community and Human Development, Veronica Soto, (915) 212-0138

(Attachment)

PUBLIC HEARING WILL BE HELD ON February 23, 2016

20.2.

An Ordinance amending Ordinance No. 018390 which amended Ordinance No. 018031 to establish procedures for members of Council to place items on the agenda for the purpose of deleting the requirement that items placed by members of Council not be scheduled until the second Tuesday following the submittal.

All Districts

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 23, 2016

21.

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

21.1.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.010 (Schedule I – One-way streets), to add a new location at  East First Avenue, Eastbound from Coles Street to its terminus, the penalty being as provided in Section 12.84.010 and Chapter 12.85 of the El Paso City Code.

District 8

Streets and Maintenance, Ted Marquez, (915) 212-0151

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 23, 2016

22.

Goal 8: Nurture and Promote a Healthy, Sustainable Community:

22.1.

An Ordinance amending Title 9 (Health and Safety), Chapter 9.04 (Solid Waste Management), Section 9.04.880 (City Abatement), Subsections 9.04.880B and F, to remove the certified mail part of the notice requirement; the penalty being as provided in Section 9.04.630 of the El Paso City Code.

All Districts

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 23, 2016

22.2.

An Ordinance granting a non-exclusive franchise to El Paso Sanitation Systems, Inc. to operate and maintain a solid waste collection and hauler service within the City of El Paso subject to the franchise terms and conditions; the penalty as provided in Section 9.04.630 of the El Paso City Code.

All Districts

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 23, 2016

22.3.

An Ordinance amending Title 9 (Health and Safety), Chapter 9.44 (Midwives), to delete the entire chapter.

All Districts

Public Health, Robert Resendes, (915) 212-6500

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 23, 2016

22.4.

An Ordinance amending Title 7 (Animals), to create Chapter 7.50 (Department of Animal Services), and Sections thereunder, in the El Paso City Code, to create and establish the functions of the department known as the Department of Animal Services.

All Districts

Environmental Services, Kurt Fenstermacher, (915) 842-1050

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 23, 2016

22.5.

An Ordinance amending Title 7 (Animals), Chapter 7.04 (Definitions and Administration), Section 7.04.010 (Definitions); Chapter 7.08 (Animals Generally), Section 7.08.020 (Abandonment --Reporting Violations); Section 7.08.030 (Restraint); Chapter 7.12 (Dogs and Cats), Section 7.12.010 (Running at Large Prohibited); Section 7.12.020 (Registration, Vaccination, and Microchips Required); Chapter 7.16 (Impoundment), Section 7.16.010 (Notification), Section 7.16.020 (Redemption - Disposition), and Section 7.16.030 (Fees); To Address Trap-Neuter-Return Cats in each identified section; the penalty being as provided in Section 7.04.080 of the El Paso City Code.

All Districts

Environmental Services, Kurt Fenstermacher, (915) 842-1050

(Attachment)

PUBLIC HEARING WILL BE HELD ON FEBRUARY 23, 2016

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

23.

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

23.1.

Discussion and action on the request that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order(s) to Cengage Learning, Inc., the sole supplier of Career Online High School, with the stipulation that the vendor provides an updated sole source letter and affidavit each year.

Department:                            Libraries

Award to:                                 Cengage Learning Inc.

                                               Mason, OH

Initial Term:                                         $149,500.00 (100 Scholarships)

Option Year 1:                         $149,500.00 (100 Scholarships)

Option Year 2:                                     $179,375.00 (125 Scholarships)

Total Estimated Award:          $478,375.00 (3 years)

Account No.:                           453 – 531030 - 53220 - 2329 – PLIB000020

                                                                209 – 544240 – 14030 – 1000 – P1410

Funding Source:                    Library Donations – Publications and Subs (Supplies)

                                                                General Fund – Tuition Reimbursement

District(s):                                All

Sole Source No.:                                2016-533

This is a Sole Source, service contract.

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

[POSTPONED FROM 01-26-2016]

All Districts

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

Library, Dionne L. Mack, (915) 543-5413

(Attachment)

24.

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

24.1.

Discussion and action on the request that the Director of Purchasing & Strategic Sourcing be authorized to exercise the City’s option to extend current Contract 2013-198 Ford Proprietary Parts & Service for two (2) additional years pursuant to the provisions of an award approved by the City Council on July 9, 2013. The extended contract period will be from July 09, 2016 to July 08, 2018.

Department:                                        Streets & Maintenance – Fleet Division 

Award to:                                Casa Ford, Inc.

                                                El Paso, TX

Option:                                    Two Year

Annual Estimated Amount:     $460,000.00

Total Estimated Award:          $920,000.00

Account No.:                                       532 – 37020 – 531210 – 3600 – P3711

                                                            532 – 37020 – 531250 – 3600 – P3701

Funding Source:                    Inventory Purchases Materials and Supplies

                                                               (Internal Service Fund)

                                                            Equipment Outside Repair Services

District(s):                                All

This is a Best Value, Services Contract.

All Districts

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

Streets and Maintenance, Ted Marquez, (915) 212-0119

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

25.

Goal 3: Promote the Visual Image of El Paso

25.1.

An Ordinance granting Special Permit No. PZST15-00036, to permit a group residential facility on the property described as Lot 4, Block 7, Pebble Hills Subdivision, 10628 Drillstone Drive, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.265 Group Residential Facilities of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 10628 Drillstone Drive. Property Owner: Ana Luisa Vega. PZST15-00036

District 3

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Michael McElroy, (915) 212-1612

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

26.

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

26.1.

Discussion and action on a Resolution that the City Manager be authorized to execute a Chapter 380 Grant Agreement by and between the City of El Paso, Texas a home-rule municipality of El Paso County, Texas and Texan Waste Equipment, Inc. dba Heil of Texas ("applicant") a Texas Corporation, and LDSR Real Property L.P. ("Affliate") A Texas Limited Partnership for the construction of a Service Facility in the City of El Paso, Texas.

All Districts

Economic and International Development, Cary Westin, (915) 212-1614

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

(Attachment)

26.2.

Discussion and action on a Resolution that the Mayor be authorized to sign, on behalf of the City of El Paso, an Interlocal Agreement between the City of El Paso and the El Paso Downtown Management District (“DMD”) for the period March 1, 2016 through September 30, 2020, for the purpose of implementing activities to preserve, maintain, and enhance the economic health and vitality of the downtown El Paso area through public outreach development, downtown marketing services, and supplemental sanitation services, with the governmental purpose of stimulating commercial development and business activity in the downtown area.

District 8

City Manager's Office, Quality of Life, Bryan Crowe, (915) 534-0608

(Attachment)

27.

Goal 3: Promote the Visual Image of El Paso

27.1.

Discussion and action on an appeal for a Special Privilege License to allow Teran Properties, LLC (“applicant”) to place a non-motorized corn roaster trailer, vending table, and canopy in one City metered parking space adjacent to the property located at 615 S. El Paso St. and within portions of a state-owned right-of-way in the Downtown Improvement Area. (NESV2015-00022) [POSTPONED FROM 12-15-2015]

District 8

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Valerie Herrera, (915) 212-1517

(Attachment)

27.2.

Update on the City’s mobile food vending program.

All Districts

Planning and Inspections, Larry F. Nichols, (915) 212-1550

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

(Attachment)

28.

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

28.1.

Discussion and action on update on Spray Parks Projects.

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

(Attachment)

29.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

29.1.

Discussion and action on a Resolution supporting the submission of a Promise Zone application to HUD with the City of El Paso and Workforce Solutions Borderplex, Inc. as co-applicants; and that if the City is granted the Promise Zone designation, the City Manager is authorized to execute a Memorandum of Understanding with Workforce Solutions Borderplex, Inc. and any other documents upon approval of the City Attorney’s Office necessary for implementing the Promise Zone designation.

Districts 2, 3, 6, 7, and 8

Community and Human Development, Verónica R. Soto, (915) 212-0138

(Attachment)

29.2.

Animal Services Update.

All Districts

Animal Services, Kurt Fenstermacher, (915) 842-1050

(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.

San Jacinto Plaza Redesign, Solicitation No. 2014-043; Matter No. 12-1004-214 (551.071)

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

EX2.

Barron Park, Contract No. 2014-007; Matter No. 13-1004-392 (551.071)

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

EX3.

SOAH Docket 473-15-5257 PUC Docket No. 44941 – Application of El Paso Electric Company to Change Rates and Soah Docket N. 473-16-1685 PUC Docket No. 45475, Review of Rate Case Expenses Incurred by El Paso Electric Company and Municipalities in Docket 44941 (551.071)

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

EX4.

SOAH Docket No. 473-15-5159 PUC Docket No. 44800 Application of El Paso Electric Company to implement a voluntary Community Solar Pilot Program in Texas.  (551.071)

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

EX5.

Lopez, Albert and Lexby DOL: 6/14/15 Matter No. 15-1036-494 (551.071)

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

EX6.

Tierra del Este III Phase V (551.071, 551.072, and 551.087)

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

EX7.

Monthly update from Legal Department regarding pending litigation, claims, real estate transactions and contract negotiations. (Sections 551.071, 551.072, 551.074 and 551.087)

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

ADDITIONS TO THE AGENDA

ADDITION TO THE AGENDA FOR

REGULAR COUNCIL MEETING

COUNCIL CHAMBERS, CITY HALL

Tuesday, February 9, 2016

8:00 AM

CONSENT AGENDA - BOARD RE-APPOINTMENT:

1.

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

1.1.

Stuart Schwartz to the Ethics Review Commission by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

REGULAR AGENDA - OTHER BUSINESS:

2.

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

2.1.

Discussion and action on the Resolution that the City Manager be authorized to sign the budget amendment to transfer non-expended appropriations from the fiscal year 2015 General Fund budget to provide funding within the fiscal year 2016 budget for 1) new and existing park playground equipment and canopies; 2) ADA curb cuts and other ancillary street improvements; and for 3) recreational facility improvements.

All Districts

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

(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.

Section 551.071            CONSULTATION WITH ATTORNEY

Section 551.072            DELIBERATION REGARDING REAL PROPERTY

Section 551.073            DELIBERATION REGARDING PROSPECTIVE GIFTS

Section 551.074            PERSONNEL MATTERS

Section 551.076            DELIBERATION REGARDING SECURITY DEVICES

Section 551.087            DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS

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/