City Council

Oscar Leeser

Ann Morgan Lilly, District 1

Mayor

Larry Romero, District 2

Emma Acosta, District 3

Carl L. Robinson, District 4

Joyce Wilson

Michiel R. Noe, District 5

City Manager

Eddie Holguin Jr., District 6

Lily Limón, District 7

Cortney Carlisle Niland, District 8

March 4, 2014

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

March 3, 2014

9:00 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

Harmony Science Academy

Nicklaus Estrada

Doneva Gonzalez

Chloe Wegner

Alan Rodriguez

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://www.elpasotexas.gov/muni_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.

Cesar E. Chavez – Social Justice Month

2.

American Red Cross Month

3.

Girl Scouts Week

RECOGNITIONS

Jose Ibarra

Samuel Rocha

J.R. Solis

Gabriel Sanchez

Javier Hernandez

Martin Luna

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

1.

APPROVAL OF MINUTES:

Approval of Minutes for the Regular City Council Meeting of February 25, 2014, and the Legislative Review meeting of the Whole of February 24, 2014.

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

(Attachment)

(Attachment)

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

3.

RESOLUTIONS:

3.1.

That the Mayor be authorized to sign an Interlocal Agreement by and between the City of El Paso and the University of Texas at El Paso in an amount of Thirty-Five Thousand Seven Hundred Twenty and no/100 Dollars ($35,720.00) for the University of Texas at El Paso's Institute for Policy and Economic Development to develop a survey of City residents regarding the Financial and Strategic Plan for the City of El Paso and the Community's Priorities regarding City Services.

All Districts

City Manager - Office of Management & Budget, Lynly G. Leeper, (915) 222-1085

(Attachment)

3.2.

That the City Manager be authorized to sign an Amendment to the Contract No. 2011-310R for the Operation and Maintenance of City of El Paso’s Municipal Vehicle Storage Facility by and between the City of El Paso and Rod Robertson Enterprises, Inc., to set a Storage Fee for vehicles that are 25 feet or less and a Storage Fee for vehicles that exceed 25 feet in length, pursuant to the Section 85.722(d) of the Texas Administrative Code.

All Districts

Police, Michelle Gardner, (915) 564-7301

Purchasing and Strategic Sourcing, Bruce D. Collins, (915) 212-0043

(Attachment)

4.

REQUESTS TO ISSUE PURCHASE ORDERS:

4.1.

Request that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue Purchase Order(s) to Grainger, Inc., a contractor under the State of Texas TXMAS-2-539030-19 (Texas Multiple Award Schedule) Contract, for the purchase of miscellaneous equipment and supplies for the El Paso Ballpark.  The City has made the determination that purchasing from this cooperative offers the most cost-effective pricing.

The participation by the City of El Paso in the Texas TXMAS Contracts Program was approved by Mayor and City Council on February 27, 2007.

Department:                                        Engineering & Construction Management

Vendor:                                               Grainger, Inc.

Vendor Location:                    El Paso, TX

Total Estimated Amount:        $225,000.00

Funding Source:                    El Paso Ballpark

Account:                                              190-99998-500090-4735-PCP13STADIUM1

District(s):                                            8

Reference No.:                                   2014-238

This is a Cooperative, unit price contract.

District 8

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

Engineering and Construction Management, Irene Ramirez, (915) 212-0065

(Attachment)

4.2.

Request that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order to Desert Communications, Inc., for the data/communication/TV/fiber structured cabling for the El Paso Ballpark in the estimated award of $88,585.00.

Department:    Engineering & Construction Management

Award to:                                 Desert Communications, Inc.

                                   El Paso, Texas

Total Estimated Award:          $88,585.00

Funding Source:         El Paso Ballpark

Account No.:   190-99998-580090-4735-PCP13STADIUM1

District(s):                    8

Reference No.:           2014-242

This is a Venue Project purchase exempt from the competitive bidding laws.

The Purchasing & Strategic Sourcing Department and Engineering & Construction Management recommend award as indicated to Desert Communications, Inc. the lowest responsive, responsible bidder.

District 8

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

Engineering and Construction Management, Irene Ramirez, (915) 212-0065

(Attachment)

4.3.

Request that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order(s) to J.F. Duncan Industries, Inc. DBA Duray for the purchase of miscellaneous food service and related equipment for the El Paso Ballpark in the estimated award of $125,000.00.

Department:    Engineering & Construction Management

Award to:                     J.F. Duncan Industries, Inc. DBA Duray

                                    Littleton, Colorado

Total Estimated Award:          $125,000.00

Funding Source:         El Paso Ballpark

Account No.:   190-99998-580090-4735-PCP13STADIUM1

District(s):                    8

Reference No.:           2014-240

This is a Venue Project purchase exempt from the competitive bidding laws.

The Purchasing & Strategic Sourcing Department and Engineering & Construction Management recommend award as indicated to J.F. Duncan Industries, Inc. DBA Duray, the best value bidder.

District 8

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

Engineering and Construction Management, Irene Ramirez, (915) 212-0065

(Attachment)

4.4.

Request that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order to Desert Communications, Inc., for the WIFI/WLAN system for the El Paso Ballpark in the estimated award of $311,878.59.

Department:    Engineering & Construction Management

Award to:                     Desert Communications, Inc.

                                    El Paso, Texas

Total Estimated Award:          $311,878.59

Funding Source:         El Paso Ballpark

Account No.:   190-99998-580090-4735-PCP13STADIUM1

District(s):                    8

Reference No.:           2014-239

This is a low-bid procurement.

The Purchasing & Strategic Sourcing Department and Engineering & Construction Management recommend award as indicated to Desert Communications, Inc. the lowest responsive, responsible bidder.

District 8

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

Engineering and Construction Management, Irene Ramirez, (915) 212-0065

(Attachment)

4.5.

Request that the Director of the Purchasing & Strategic Sourcing Department, be authorized to issue a Purchase Order(s) to 4 Topps, LLC for the purchase of various seating sets and swivel seats for the El Paso Ballpark in the estimated award of $111,400.00.

Department:    Engineering & Construction Management

Award to:                                 4 Topps, LLC

                                    Winston-Salem, NC

Total Estimated Award:          $111,400.00

Funding Source:         El Paso Ballpark

Account No.:   190-99998-580090-4735-PCP13STADIUM1

District(s):                    8

Reference No.:           2014-248

This is a Venue Project exempt from the competitive bidding laws.

The Purchasing & Strategic Sourcing Department and Engineering & Construction Management recommend award as indicated to 4 Topps, LLC based on a quotation.

District 8

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

Engineering and Construction Management, Irene Ramirez, (915) 212-0065

(Attachment)

4.6.

Request that the Director of the Purchasing & Strategic Sourcing Department, be authorized to issue a Purchase Order(s) to Sandler Seating for the purchase of miscellaneous outdoor seating for the El Paso Ballpark in the estimated award of $132,749.34.

Department:    Engineering & Construction Management

Award to:                     Sandler Seating

                                                Atlanta, GA

Total Estimated Award:          $132,749.34

Funding Source:         El Paso Ballpark

Account No.:   190-99998-580090-4735-PCP13STADIUM1

District(s):                    8

Reference No.:           2014-247

This is a Venue Project exempt from the competitive bidding laws.

The Purchasing & Strategic Sourcing Department and Engineering & Construction Management recommend award as indicated to Sandler Seating based on a quotation.

District 8

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

Engineering and Construction Management, Irene Ramirez, (915) 212-0065

(Attachment)

REGULAR AGENDA - INTRODUCTIONS

5.

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.

5.1.

An Ordinance changing the zoning of the westerly half of Block 31, Lots 17-20, and portion of lot 16, of Alexander Addition, 401 and 405 River Avenue, City of El Paso, El Paso County, Texas from A-2 (Apartment) to G-MU (General Mixed Use) and approving a Master Zoning Plan. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 401 & 405 River Avenue. Property Owner: Eduardo & Josephina Soto. PZRZ14-00009

District 8

City Development, Michael McElroy, (915) 212-1612

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 1, 2014

REGULAR AGENDA - PUBLIC HEARINGS

6.

CITY DEVELOPMENT:

6.1.

An Ordinance amending Ordinance 017113 adopting Impact Fees for Water and Wastewater facilities, establishing Impact Fee Service Areas, providing for assessment and collection of Impact Fees; providing for accounts for Impact Fees and use of funds in these accounts; providing for appeals; and providing for other provisions required under state law including procedural provisions; to recodify Title 15 (Public Services), Chapter 15.20 to 15.22 of the El Paso City Code; to amend Section 15.22.060 (Land Use Assumptions and Service Area) to adopt updated Land Use Assumptions and Service Areas, to amend Section 15.22.070 (Capital Improvements Plan) to adopt updated Capital Improvements Plan, and to amend Section 15.22.100 (Maximum Fee and Actual Fee to be Assessed) to update the Impact Fees adopted by City Council.

All Districts

City Development, Mathew McElroy, (915) 212-1550

(Attachment)

6.2.

An Ordinance vacating a 1.9075 acre portion of Edgar Road Right-of-Way out of S.A. & M.G. Survey No. 266, City of El Paso, El Paso County, Texas. SURW13-00012. Applicant: Prime Desert Properties, LLC

District 1

City Development, Raul Garcia, (915) 212-1608

(Attachment)

6.3.

An Ordinance amending the Final Project Plan and Final Reinvestment Zone Financing Plan for the Tax Increment Reinvestment Zone Number Five, City of El Paso, Texas; Adopting said amendments as required by Section 311.011(e) Texas tax code; Also providing a severability clause.

District 8

City Development, Cary S. Westin, (915) 212-1618

(Attachment)

6.4.

An Ordinance changing the zoning of a Portion of Lots 22, 23 and 24, Palmdale Acres, 7235 North Loop Drive, City of El Paso, El Paso County, Texas from R-F (Ranch-Farm) to C-1 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 7235 North loop Drive. Property Owner: Lillian Jacquez & Carlos Diaz Jr. PZRZ13-00030

District 3

City Development, Michael McElroy, (915) 541-4238

(Attachment)

6.5.

An Ordinance amending Title 20 (Zoning), Chapter 20.02 (General Provisions and Definitions) Article II (Definitions) to delete definitions of Sign, Off-Premise Temporary Subdivision Directional in Section 20.02.938 and to substitute the definition of Sign, Temporary Subdivision with Temporary Subdivision Kiosk Sign in Section 20.02.984; and Chapter 20.08 (Appendix A), Table of Permissible Uses, Section 16 Temporary uses to add Temporary Subdivision Kiosk Sign; and Chapter 20.18 (Sign Regulations) Article I (General Provisions), Section 20.18.050 (Definitions) to delete Off-Premises Temporary Subdivision Directional Sign and Temporary Subdivision Sign and add Temporary Subdivision Kiosk Sign; Article III (Billboard Regulations) to add a new Section 20.18.310 Temporary Subdivision Kiosk Sign; Article IV (On-Premises Sign Regulations) Section 20.18.500 (Temporary On-Premises Signs) to delete Subsection B. Temporary Subdivision Identification Sign Requirements and re-letter Subsections B-H, of the El Paso City Code. The penalty is as provided in Chapter 20.24 of the El Paso City Code.

All Districts

City Development, Mathew McElroy, (915) 212-1550

(Attachment)

6.6.

An Ordinance amending Title 20 Zoning, Chapter 20.10 Supplemental Use Regulations, to create a Civic and Cultural District, and Chapter 20.18 Sign Regulations, Article IV On-Premises Sign Regulations, to create standards for Civic and Cultural District signs of the El Paso City Code. The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

All Districts

City Development, Mathew McElroy, (915) 212-1550

(Attachment)

7.

EL PASO WATER UTILITIES:

7.1.

An Ordinance authorizing the City Manager to sign a Special Warranty Deed conveying a 0.04 acre Parcel of land being a Portion out of a Tract described in Volume 977, Page 454, Real Property Records of El Paso County, Texas and being a Portion of F. Neve Survey No. 8, and a Portion out of The Setter and Schneider, One Acre Tract as shown on the Map of Chula Vista Addition, an addition in the City of El Paso, El Paso County, Texas according to the Plat thereof, recorded in Volume 6, Page 49, Plat Records of El Paso County Texas, located at the rear of 500 Radford Street and any other documents necessary to complete the sale to Jose A. Montoya

District 2

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

(Attachment)

8.

EL PASO POLICE DEPARTMENT:

8.1.

An Ordinance to amend Title 12 (Vehicles & Traffic), Chapter 12.54 (Towing Regulations and Fees) to amend Section 12.54.010 (Definitions) to amend the definitions pursuant to State code; Section 12.54.020 (Maximum Fee Schedule) to amend the maximum fees that may be charged within the City for non-consent vehicle tows, to amend the weight classifications of vehicles, and establish the maximum fees for medium- and heavy-duty tows; Section 12.54.030 (Removal of Debris) to amend the term Tow Truck Operator to Tow Company; and Section 12.54.050 (Towing Fee Studies) to delete the Police Legislative Review Committee.

All Districts

Police, Michelle Gardner, (915) 564-7301

(Attachment)

9.

TAX:

9.1.

An Ordinance authorizing the City Manager to execute a quitclaim (Tax Resale) deed conveying all right, title and interest to RANDY SHIELDS in accordance with Section 34.05 (h) of the Texas Property Tax code to the following and described parcel: Lot 5, Block 236, Mountain Shadow Estates #31, in El Paso County, Texas.

County

Tax, David Childs, (915) 212-1736

(Attachment)

9.2.

An Ordinance authorizing the City Manager to execute a quitclaim (Tax Resale) deed conveying all right, title and interest to MARCO A. HERNANDEZ in accordance with Section 34.05 (h) of the Texas Property Tax code to the following and described parcels: Lot 1, Block 879, Horizon City #100, in El Paso County, Texas. Lots 15 and 16, Block 155, Horizon City #17, in El Paso County, Texas. Lot 1, Block 388, Mountain Shadow Estates #54, in El Paso County, Texas. Lot 19, Block 23, Horizon City #9, in El Paso County, Texas. Lot 20, Block 23, Horizon City #9, in El Paso County, Texas.

County

Tax, David Childs, (915) 212-1736

(Attachment)

9.3.

An Ordinance authorizing the City Manager to execute a quitclaim (Tax Resale) deed conveying all right, title and interest to STACYE MCCLAIN in accordance with Section 34.05 (h) of the Texas Property Tax Code to the following and described parcel: Lot 4, Block 236, Mountain Shadow Estates #31, in El Paso County, Texas.

County

Tax, David Childs, (915) 212-1736

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

10.

CITY DEVELOPMENT:

10.1.

Discussion and action that the City Manager be authorized to sign a Contract of Sale between the CITY OF EL PASO and ARGAL CORPORATION, for the City’s purchase of the property in the amount of $1,387,168.25 for the purpose of using the property as a park, more particularly described as A Portion of Lot 3, Block 298, Vista Del Sol Unit Sixty One, an Addition to the City of EI Paso, EI Paso County, Texas, according to the map thereof recorded in Book 54, Page 14, Plat Records of EI Paso County, Texas and that the City Manager, or her designee, be authorized to sign any necessary documents to accomplish the intent of this Resolution.

District 7

City Development, Guillermo Sotomayor, (915) 212-1572

(Attachment)

11.

COMMUNITY AND HUMAN DEVELOPMENT:

11.1.

Discussion and action on a Resolution that City Council amend the City’s Annual Action Plan 2013-2014 of the Consolidated Plan for 2010-2015 by using the Community Development Block Grant (CDBG) Unprogrammed Funds Account to fund one new public facility activity in the 39th Year (2013-2014) Annual Action Plan; and that the City Manager be authorized to take any actions necessary to accomplish the intent of the resolution upon approval by the City Attorney’s Office and Director of Community and Human Development Department.

District 3

Community and Human Development, William Lilly,  (915) 541-4643

(Attachment)

12.

MAYOR AND COUNCIL:

12.1.

Discussion and action regarding a Resolution that the City of El Paso appoint the following board members to the Camino Real Regional Mobility Authority: 1. Les Parker for Position 1, whose term will expire on February 1, 2016; 2. Dori Fenenbock for Position 3, whose term will expire on February 1, 2016; and 3. Joe Wardy for Position 5, whose term will expire on February 1, 2016. [POSTPONED FROM 02-18-2014]

Mayor Oscar Leeser (915) 212-0021

(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

EX1.

Economic incentives for health facility to be located in Far West El Paso.  (551.072 and 551.087)

Economic Development, Cary Westin, (915) 212-0083

EX2.

Economic incentives for a back office service provider to relocate to El Paso.  (551.087)

Economic Development, Cary Westin, (915) 212-0083

EX3.

Christina Monrreal vs. The City of El Paso; Cause No. 2012DCV06425 (551.071)

City Attorney’s Office, Laura P. Gordon (915) 212-0033

EX4.

Chapter 11 Bankruptcy of Maria Gabriela Stoiber, Case No. 12-31644. (551.071)

City Attorney’s Office, Lauren Ferris, (915) 212-2119

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/