City Council

Oscar Leeser

Peter Svarzbein, District 1

Mayor

Jim Tolbert, 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

March 7, 2017

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

March 6, 2017

9:00 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

Vietnam Veterans of America Chapter 574

Humberto Nevarez

Bobby Rangel

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 February 28, 2017, the Legislative Review Meeting of the Whole of February 27, 2017, and for the Special City Council Meeting of February 16, 2017.

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

(Attachment)

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

ACTION ON THE FOLLOWING RESOLUTIONS:

CONSENT AGENDA - RESOLUTIONS:

3.

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

3.1.

That the City Manager be authorized to sign a lease agreement (“Agreement”) by and between the City of El Paso (“the City”) and the Advocacy Center for the Children of El Paso (“Lessor”), with regard to a portion of the building located at 1100 E. Cliff, El Paso, Texas, for Police Department use.  The Agreement is for a term of three years from March 26, 2017 through March 25, 2020, with one option to extend for two additional years. The monthly lease rate is $1,750.00 for the first year, and $1,950.00 for the second and third years.  The total amount for the initial term will not exceed $67,800.00.

All Districts

Police, Patrick Maloney, (915) 212-4309

Economic and International Development, Jose Carlos Villalva, (915) 212-1631

(Attachment)

3.2.

A Resolution that the City Manager be authorized to sign a Non-Federal Limited Design and Implementation Reimbursable Agreement (AJW-FN-CSA-17-SW-001290) between the City of El Paso and the Federal Aviation Administration (“FAA”) for consultation, project and plan review, project guidance, coordination, and oversight services relating to the FAA systems at the El Paso International Airport (EPIA) and the Runway 4-22 Reconstruction and Taxiway System Project at EPIA.  The total amount of the agreement to be paid to the FAA is $91,931.76.

All Districts

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

4.

Goal 3: Promote the Visual Image of El Paso

4.1.

That City Council approves the waiver of the requirement that an application for infill development meet two criteria as stated in Section 20.10.280A when only one factor is met, for the property legally described as Lot 10, Block 3, Amen Corner Amending Subdivision, 5008 Amen Corner Drive, City of El Paso, El Paso County, Texas.

District 8

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

Planning and Inspections, Andrew Salloum, (915) 212-1643

(Attachment)

5.

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

5.1.

A Resolution that the City Manager be authorized to sign a First Amendment to Agreement for Professional Services by and between the City of El Paso and MERIDIAN GREEN WORKS, LLC., a Texas Limited Liability Company, for a project known as “EL PASO INTERNATIONAL AIRPORT TERMINAL ARCHITECTURAL AND LANDSCAPE ENHANCEMENTS”, for additional services for design and construction administration for an additional amount not to exceed Seventy Thousand Seven Hundred Seventy Five and 00/100 Dollars ($70,775.00), for a total contract amount not to exceed Four Hundred Thirty Thousand Seven Hundred Seventy Five and 00/100 Dollars ($430,775.00); 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 this agreement.

All Districts

Capital Improvement, Andrew Goh, (915) 212-1808

(Attachment)

6.

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

6.1.

A Resolution that the City Manager be authorized to sign an Underground Electrical Easement and Transformer Pad Easement for the provision of electrical power to a transformer, said easement more particularly described as a portion of Tract 1A, Block 11, Upper Valley Surveys, El Paso, El Paso County, Texas, as described in Volume 3797, Page 1451, Real Property Records of El Paso County, Texas.

District 1

Capital Improvement, Andrew Goh, (915) 212-1808

(Attachment)

6.2.

A Resolution that the City Manager be authorized to execute an Underground Utility Easement between the City of El Paso as Grantor and Level 3 Communications, LLC, as Grantee, said easement A 0.015-acre portion of Lot 7, Block 13, Butterfield Trail Industrial Park Unit Three, Book 60, Page 60, Plat Records El Paso, El Paso County, Texas.  This will allow Comcast Phone, the tenant, to acquire communication fiber optic services at the leased premises located at 28 Walter Jones, El Paso, TX.

District 2

Capital Improvement, Andrew Goh, (915) 212-1808

(Attachment)

6.3.

A Resolution that the City Manager be authorized to sign an Underground Electrical Easement and Transformer Pad Easement for the provision of electrical power to a transformer for the TSA Baggage Claim building located at 6701 Convair Rd., said easement more particularly described as a portion of Lot 1, EPIA CONRAC SUBDIVISION, City of El Paso, El Paso County, Texas.

District 2

Capital Improvement, Andrew Goh, (915) 212-1808

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

7.

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

7.1.

Gabriel Jimenez to the Veterans Affairs Advisory Committee by Representative Claudia Ordaz, District 6.

Representative Claudia Ordaz, (915) 212-0006

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

8.

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

8.1.

Pursuant to the delegation of authority granted to the City Manager by resolution dated April 15, 2014, the City Manager has executed the Fourth Amendment to the Agreement for Professional Services with Populous, Inc., for additional construction administration services and professional services for the design of alternative security/safety netting and fencing barriers for Southwest University Park. This notation is to comply with the requirement in the resolution that an item be placed on the City Council agenda for notation whenever the City Manager approves such an amendment.

Capital Improvement Department, Andrew Goh (915) 212-0065

(Attachment)

CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

9.

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

9.1.

Request that the Director of Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order(s) to Silsbee Ford Inc., a contractor under TPASS Term Contract #072-A1 Trucks, for 2017 Ford F150 Regular Cab Short Bed (Item 855B) 3.5L V6 (10 units) Trucks and 2017 Ford F150 Super Cab Short Bed (Item 862B) 3.5L V6 (10 units) Trucks.  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 TPASS Purchasing Cooperative was approved by Mayor and City Council on August 19, 2014.

Department:                          Streets & Maintenance

Award to:                               Silsbee Ford Inc.         

                                              Silsbee, TX

Total Estimated Award:         $441,020.00 (20 units)

Account No.:                         Dept: 532 Div: 37010 Acct: 580540 Fund: 4932 Project:                                  PIF16GS010

Funding Source: Vehicle Replacement Fund –                                               Cars_Pickups_Vans_Motorcycles

District(s):                             All

Reference No.:                     2017-904

This is a Cooperative, unit price contract.

All Districts

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

Streets & Maintenance, Ted Marquez, (915) 212-7000

(Attachment)

9.2.

Request that the Director for the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order to Chastang Enterprises dba Chastang Ford, a contractor under Houston-Galveston Area Council Cooperative (HGAC), Contract #HT06-16 for one (1) 2017 Ford F550 Diesel Chassis XL 4x4 SD Regular Cab with a Versalift Aerial Platform Body and Equipment. 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 HGAC Purchasing Cooperative Program was approved by Mayor and City Council on August 19, 2014.

Department:                    Streets and Maintenance

Award to:                         Chastang Enterprises dba Chastang Ford

                                        Houston, TX

Total Estimated Award:   $127,066.00                       

Account No.:                   532-580550-4700-37010-PIF14GS010

Funding Source:              Vehicle Replacement Fund – Buses, Large Trucks

District(s):                        All

Reference #:                   2017-889

This is a Cooperative, unit price contract.

All Districts

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

Streets & Maintenance, Ted Marquez, (915) 212-7015

(Attachment)

CONSENT AGENDA - BIDS:

10.

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

10.1.

The award of Solicitation No. 2017-582 (Autoclave Sterilizer) to Bondtech Corporation for an initial award amount of $126,975.00.

Department:                       El Paso International Airport

Award to:                            Bondtech Corporation

                                           Somerset, KY

Item(s):                               All

Option:                                None

Initial Award Amount:         $126,975.00

Total Award:                       $126,975.00

Account No.:                      562 - 62230 – 580270 – 3010 – PAP00720

Funding Source:                 EPIA Enterprise Fund

District(s):                           2 and 3

This is a Low Bid, single (one-time) purchase.

Districts 2 and 3

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

El Paso International Airport, Monica Lombrana, (915) 212-7301

(Attachment)

MAYOR’S PROCLAMATIONS

1.

Brain Injury Awareness Month

2.

Purchasing Month

3.

Girl Scout Week

4.

Colorectal Cancer Screening Month

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.

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.

11.

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

11.1.

An Ordinance amending the Final Project Plan and the 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

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 21, 2017

12.

Goal 3: Promote the Visual Image of El Paso:

12.1.

An Ordinance granting Special Permit No. PZST16-00035, to allow for parking spaces serving another property on the property described as Lot 9, Block 5, North Loop Gardens, Unit 1, 7812 West Drive, City of El Paso, El Paso County, Texas, and imposing conditions pursuant to Section 20.04.260 of the El Paso City Code. The penalty being as provided in Chapter 20.24 of the El Paso City Code. Subject Property: 7812 West Drive. Property Owner: Francisco Antonio Leyva. PZST16-00035

District 7

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

Planning and Inspections, Andrew Salloum, (915) 212-1643

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 4, 2017

12.2.

An Ordinance changing the zoning of the property described as Lots 31 & 32, Block 92, Supplemental Map No. 1 of East El Paso, 3300 Montana Avenue, City of El Paso, El Paso County, Texas from R-5 (Residential) 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 20.10.360 of the El Paso City Code to allow for a side street setback reduction for mixed use of office, retail, and residential 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: 3300 Montana Avenue. Property Owner: Will Dylan Investments, Inc. PZRZ16-00043

District 2

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

Planning and Inspections, Andrew Salloum, (915) 212-1643

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 4, 2017

12.3.

An Ordinance vacating a portion of City right-of-way over a portion of the alley between Raynolds St. and Concepcion St., Block 3, Val Verde Addition, City of El Paso, El Paso County, Texas. Subject Property: South of I10 and East of Raynolds; Applicant: Texas Tech University Health Sciences Center at El Paso  SURW17-00001

District 8

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

Planning and Inspections, Brenda Cantu, (915) 212-1642

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 21, 2017

13.

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

13.1.

An Ordinance amending Title 13 (Streets, Sidewalks and Public Spaces), Chapter 13.24 (City Parks and Recreation Areas), Section 13.24.050 (Use of Athletic Fields) of the El Paso City Code, to add a Section governing permit required fields and to clarify the use of game only fields.  The penalty is provided in Chapter 13.24.220 of the El Paso City Code.

All Districts

Parks and Recreation, Paula Powell, (915) 212-1709

(Attachment)

PUBLIC HEARING WILL BE HELD ON MARCH 21, 2017

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

14.

Goal 3: Promote the Visual Image of El Paso

14.1.

An Ordinance allowing the City Manager to sign a correction instrument and a correction quitclaim deed to correct a scriveners error in the quitclaim deed signed as a result of the vacation of a portion of City right of way under Ordinance 018621. Subject Property: East of Ochoa and North of University; Applicant: Maria Del Carmen and Daniel A. Casavantes SURW16-00006

District 1

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

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

(Attachment)

14.2.

An ordinance vacating a 0.22 acre public easement, legally described as a portion of Bucher Road released and quitclaimed and reserved as a public easement under Ordinance No. 7428, also known as a portion of Lot 1, Block 1, Palmdale Acres Unit Two, an Addition to the City of El Paso, El Paso County, Texas. Subject Property: North of North Loop and West of Hawkins; Applicant: Casas Por Cristo SUET16-00002

District 3

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

Planning & Inspections, Vanessa Munoz, (915) 212-1644

(Attachment)

14.3.

An Ordinance granting Special Permit No. PZST15-00008, to allow for infill development with reduced lot area, lot width, lot depth, and cumulative front & rear yard setback reductions on the property described as a portion of Lot 32, Block 5, Alameda Acres, 409 S. Glenwood Street, 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 in Chapter 20.24 of the El Paso City Code. Subject Property: 409 S. Glenwood Street. Property Owner: ANVIA, L.L.C. PZST15-00008 [POSTPONED FROM 02-28-2017]

District 8

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

Planning and Inspections, Andrew Salloum, (915) 212-1643

(Attachment)

15.

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

15.1.

An Ordinance amending Ordinance 8065 (Civil Service Rules and Regulations), to amend Rule 1, Section 2 relating to the Office of the Civil Service Commission Secretary.

All Districts

Human Resources, Linda Ball Thomas, (915) 212-0045

(Attachment)

15.2.

An Ordinance amending Ordinance 8065 (Civil Service Rules and Regulations), to amend Rule nos. 5 and 12 to remove reference to efficiency points and rating, and Rule no. 7 to clarify when a performance review may be appealed.

All Districts

Human Resources, Linda Ball Thomas, (915) 212-0045

(Attachment)

16.

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

16.1.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.010 (One-Way Streets), to amend Campbell Street, northbound between Loop 375, the Border Highway, and Schuster Avenue of the El Paso City Code to Campbell Street, northbound between East Seventh Avenue and Schuster Avenue.

District 8

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

(Attachment)

16.2.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.010 (One-Way Streets), to amend Kansas Street, southbound between Schuster Avenue and Loop 375 of the El Paso City Code to Kansas Street, Southbound between Schuster Avenue and East Seventh Avenue.

District 8

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

(Attachment)

16.3.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.010 (One-Way Streets), to delete the following location on Ninth Avenue, westbound between Mesa Street and Oregon Street of the El Paso City Code.

District 8

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

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

17.

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

17.1.

Discussion and action that the City Manager be authorized to execute a Chapter 380 Economic Development Incentive Agreement by and between the CITY OF EL PASO, TEXAS, and Adriana and Felix Vazquez, for the development of a 2,400 square foot new commercial building for the use of a family owned catering business to be located at 11940 Vista Del Sol, El Paso, Texas 79936.

District 6

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

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

(Attachment)

17.2.

Discussion and action that the City Manager be authorized to execute a Chapter 312 Abatement Agreement by and between the CITY OF EL PASO, TEXAS, and Adriana and Felix Vazquez, for the development of a 2,400 square foot new commercial building for the use of a family owned catering business to be located at 11940 Vista Del Sol, El Paso, Texas 79936.

District 6

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

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

(Attachment)

18.

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

18.1.

Discussion and action to approve a Resolution to revise the prioritized list of the Trail and Trailhead Implementation Plan for the Quality of Life Bond program.

All Districts

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

(Attachment)

19.

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

19.1.

Discussion and action on a RESOLUTION approving and authorizing publication of a notice of intention to issue certificates of obligation in a principal amount not to exceed $44,000,000 for the costs of various public improvements, including streets; police parking garage; parks, recreational, and library facilities; and public art

All Districts

City Manager's Office, Mark Sutter, (915) 212-1063

(Attachment)

20.

MAYOR AND COUNCIL

20.1.

Discussion and action relative to prohibiting City of El Paso funds to be awarded to contractors and vendors receiving border wall construction related federal contracts in the El Paso region.

Representative Peter Svarzbein, (915) 212-1000

(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

Discussion and action on the following:

EX1.

Debra Rios v. The City of El Paso; Matter No. 13-1093-057.003 (551.071)

City Attorney's Office, Sergio M. Estrada, (915) 212-0033

EX2.

Economic Incentives for a Convention Center Hotel located in the City of El Paso.  (551.087)

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

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/