		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

MINUTES FOR REGULAR COUNCIL MEETING

March 8, 2016

COUNCIL CHAMBERS, CITY HALL

8:00 AM

...................................................................................................................

ROLL CALL

The City Council met in regular session at the above place and date. Meeting was called to order at 8:16 a.m. Mayor Oscar Leeser present and presiding and the following Council Members answered roll call: Peter Svarzbein, Emma Acosta, Michiel Noe, Claudia Ordaz, and Lilia Limón. Late arrival: Carl Robinson at 8:21 a.m. Not Present: Larry Romero. Cortney Niland requested to be excused. The invocation was given by Rabbi Stephen Leon, followed by the Pledge of Allegiance to the Flag of the United States of America

...................................................................................................................

INVOCATION BY RABBI STEPHEN LEON

...................................................................................................................

PLEDGE OF ALLEGIANCE

VIETNAM VETERANS MEMORIAL

Jesus Vera Jr.

Harry Nelson

Connie Pena

Chon Pena

Fernie Bermudez

Ramon Hernandez

Joe “Chinaboy” Lopez

Dolores Ituarte Valenzuela

Carlos Rivera

...................................................................................................................

NOTICE TO THE PUBLIC – CONSENT AGENDA

Motion made by Mayor Pro Tempore Noe, seconded by Representative Limón, and unanimously carried to APPROVE, AS REVISED, all matters listed under the Consent Agenda unless otherwise noted. (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

...................................................................................................................

CONSENT AGENDA - APPROVAL OF MINUTES:

....................................................................................................................

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

..............................................................................................................................

1.1.

*Motion made, seconded, and unanimously carried to APPROVE Minutes for the Regular City Council Meeting of February 23, 2016, the Legislative Review Meeting of the Whole of February 22, 2016, the City Council Work Session of February 22, 2016, and the Special City Council Meetings of February 19, and February 24, 2016.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

...................................................................................................................

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

....................................................................................................................

REQUEST TO EXCUSE CITY COUNCIL MEMBERS:

..............................................................................................................................

2.1.

*Motion made, seconded, and unanimously carried to EXCUSE Representative Cortney Niland from the Regular Council Meeting of March 8, 2016.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

...................................................................................................................

ACTION ON THE FOLLOWING RESOLUTIONS:

...................................................................................................................

CONSENT AGENDA - RESOLUTIONS:

....................................................................................................................

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

..............................................................................................................................

3.1.

*R E S O L U T I O N

WHEREAS, the El Paso City Council finds it in the best interest of the citizens of El Paso that the General Victims Services FY 2017 program be operated for the time period of September 1^st 2016 to September 30^th 2018; and

WHEREAS, the El Paso City Council agrees to provide applicable matching funds for the said project as required by the Criminal Justice Division – Office of the Governor grant application; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

The City Manager or designee is authorized to submit the grant application for the General Victim Services FY17 program to the Office of the Governor, Criminal Justice Division including all understandings and assurances contained therein, and to reject, alter and/or terminate the grant in the amount of $474,460.00, for the purpose of continuing the efforts of the Police Department’s Victim Services Unit. In addition, the City Manager or designee is authorized to sign any related paperwork, including but not limited to, authorization of budget transfers, and/or revisions to the operation plan. Further, the City Manager or designee is authorized to execute any grant amendments, corrections or extensions of the grant agreement which increase, decrease or de-obligate program funds, provided that no additional City funds are required.
The City of El Paso agrees to provide cash matching funds in the amount of $ 118,827.00.
The El Paso City Council agrees that the existence of an award will not be used to offset or decrease total salaries, expenses and allowances that the City receives or provides to its Police Department at or after the time the grant is awarded.
That the Chief of Police be authorized to sign Cooperative Working Agreements relating to the grant with the following agencies: West Texas Community Supervision and Correction Department; Center Against Family Violence; El Paso County Sheriff’s Office; Transitional Living Center Battered Spouse Program; 34^th Judicial District, District Attorney- Victim Assistance; 34^th Judicial District, District Attorney- Domestic Violence Unit; Court Appointed Special Advocates; Diocesan Migrant and Refugee Services, Incorporated; Family Services of El Paso; STARS; El Paso County Attorney’s Office; Advocacy Center for the Children of El Paso; and University Medical Center.
The City Council agrees that in the event of loss or misuse of the Criminal Justice Division funds, that such funds will be returned to the Criminal Justice Division in full.

..............................................................................................................................

3.2.

*R E S O L U T I O N

WHEREAS, the City of El Paso (the “City”) is eligible to apply for grants through the FY 2017 State Homeland Security Program (SHSP) grant program entitled “El Paso-Urban Area Planning and Coordination”; and

WHEREAS, the City of El Paso Fire Department will travel to attend and participate in State UASI coordination meetings/trainings; and

WHEREAS, the City of El Paso Fire Department’s Office of Emergency Management is the point of contact to the Office of the Governor Homeland Security Grants Division; and

WHEREAS, the City Council finds that SHSP will assist local efforts to prevent terrorism and other catastrophic events and prepare for the threats and hazards that pose the greatest risk to security of the community and Rio Grande Council of Governments region.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

THAT the City Manager or designee is authorized to submit the FY2017 State Homeland Security Program grant application for the project entitled “El Paso-Urban Area Planning and Coordination” through the Texas Office of the Governor including all related paperwork, including but not limited to, authorization of budget transfers, and/or revisions to the operation plan, and to reject, amend, correct, extend and/or terminate the grant, in the amount of $8,000, for the period from September 1, 2016 through August 31, 2018, for City of El Paso Fire Department staff to travel and participate in UASI Coordination Meetings.
THAT in the event of loss or misuse of the Office of the Governor funds, the City of El Paso assures that the funds will be returned to the Office of the Governor in full.

..............................................................................................................................

3.3.

*R E S O L U T I O N

WHEREAS, the City El Paso Fire Department’s Office of Emergency Management provides services to City and County of El Paso, Texas; and

WHEREAS, an additional planner will increase community preparedness, enhance local and regional response plans, and create additional exercises and training; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

THAT the City Manager or designee is authorized to submit the grant application for the project titled “El Paso-Urban Area Planning and Coordination” through the Texas Office of the Governor including all related paperwork, including but not limited to, authorization of budget transfers, and/or revisions to the operation plan, and to reject, amendment, correct and/or terminate the grant, in the amount of $98,678.76, for the period from September 1, 2016 through August 31, 2018, for funding for a planner for the Office of Emergency Management to assist with planning and coordination.
THAT in the event of loss or misuse of the Office of the Governor funds, the City of El Paso assures that the funds will be returned to the Office of the Governor in full.

..............................................................................................................................

3.4.

*R E S O L U T I O N

WHEREAS, the City of El Paso ( the “City”) is eligible to apply for grants through the FY 2017 State Homeland Security Program (SHSP) grant program entitled “Sustainment of Special Response Teams”; and

WHEREAS, the City El Paso Fire Department Urban Search and Rescue, Combined Search and Rescue, and Swift Water Rescue Teams provide services to the 22,000 square mile area of the Rio Grande Council of Governments; and

WHEREAS, additional equipment and training is needed in order to maintain the preparedness of the teams; and

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

THAT the City Manager or designee is authorized to submit the FY2017 State Homeland Security Program grant application for the project titled “Sustainment of Special Response Teams” through the Texas Office of the Governor including all related paperwork, including but not limited to, authorization of budget transfers, and/or revisions to the operation plan, and to reject, amend, correct, and/or terminate the grant, in the amount of $80,000, for the period from September 1, 2016 through August 31, 2018, for equipment, travel and training for the City of El Paso Fire Department staff to maintain training standards required of specialized team members.
THAT in the event of loss or misuse of the Office of the Governor funds, the City of El Paso assures that the funds will be returned to the Office of the Governor in full.

....................................................................................................................

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

..............................................................................................................................

4.1.

*RESOLUTION AMENDING THE

RULES OF ORDER FOR THE EL PASO CITY COUNCIL

REVISED, AS EFFECTIVE MARCH 8, 2016

SECTION 1. PURPOSE OF RESOLUTION

This Resolution is adopted pursuant to Section 3.5.B of the Charter of the City of El Paso as a procedural guide for the benefit of the City Council and for the general information of the public. These rules shall apply to regular or special meetings at which action is to be taken, but shall not apply to meetings for committees of the City Council or to informational gatherings of the Council.

SECTION 2. EFFECT OF FAILURE TO FOLLOW THESE RULES

No action of the Council which is otherwise legal shall be invalidated merely by reason of the failure of the Council or City staff to follow these Rules of Order, unless the majority of the Council agrees that such action shall be invalidated.

SECTION 3. STANDING

No one other than a member of the City Council shall have standing to assert before the Council that any action taken by the Council is invalid by reason of the Council's failure to comply with these Rules of Order.

SECTION 4. SUSPENSION OF RULES

These rules may be suspended temporarily by a majority of the Council members present and voting, except as they pertain to a quorum, or to the majority required for any motion, or to other matters pre%u2011empted by laws other than those Rules of Order.

SECTION 5. PRESIDING OFFICER

The Mayor shall preside at all meetings of the City Council, but if for any reason he is absent from the City, sick or unable to act, then the Mayor Pro Tempore shall preside at such meetings and at such times shall exercise all of the powers and discharge the duties of the Mayor, except that the Mayor Pro Tempore shall vote as a Representative. In the absence or inability of both the Mayor and the Mayor Pro Tempore, the Alternate Mayor Pro Tempore shall preside and shall vote as a Representative. Upon the arrival of the Mayor, the Mayor Pro Tempore or the Alternate Mayor Pro Tempore, the acting chairman shall immediately relinquish the chair upon the conclusion of the business immediately pending before the Council.

The presiding officer shall preserve strict order and decorum at all regular and special meetings of the Council, and shall state questions coming before the Council as necessary for clarity, and shall announce the decision of the Council on all subjects. The Presiding Officer shall disable the microphone at the podium when he determines that the speaker has violated council rules of order.

SECTION 6. QUESTIONS OF ORDER

All questions of order shall be decided by the presiding officer with the right of appeal from his or her decision to the Council that is present, the majority of whom, present and voting, may override the decision.

SECTION 7. VOTING

The electronic voting system shall be utilized for the casting of the roll call votes of the Council in Council Chambers except as otherwise provided herein. The City Clerk shall call for an electronic vote and each Representative shall, without undue delay, cast his or her vote on the electronic voting system. When all votes have been cast, the City Clerk will review, announce and display the results of the voting, and staff will capture the display on the digital recording of the meeting or fully read the results into the record. In the event of a tie vote, the City Clerk will announce the results and call for the Mayor’s vote before displaying the results. Any error in voting or any discrepancy between the display of the votes and the City Clerk’s announcement of the results shall be corrected prior to the time that the Council proceeds to consider the next agenda item.

The requirements under this section for the use of the electronic voting system shall be automatically suspended under the following circumstances and for the duration as announced by the City Clerk: (a) upon the announcement of the City Clerk that the electronic voting system is not working properly; (b) for votes on procedural matters including motions to recess and to take an agenda item out of order, and votes by acclamation; (c) when the Council is voting on more than one agenda item simultaneously; and (d) when more than one vote will be taken pertaining to an agenda item and in such instance, the City Clerk shall announce which vote shall be taken by use of the electronic voting system and which vote(s) shall be taken only by voice vote.

In the event that the use of the electronic voting system is suspended or the system is otherwise not available, the City Clerk shall call the roll beginning with the Representative seated furthest to the Mayor's right and continuing in that order. Each Representative shall audibly indicate his or her vote.

Records of all roll call votes shall be incorporated in the Minutes of the meeting.

SECTION 8. RECORDED DEBATE

A Representative may request, through the presiding officer, to have an abstract of his or her statement on any subject under consideration by the Council entered in the Minutes or to attach any document referenced during a Council meeting to the Minutes. The recording secretary may be directed by the presiding officer to enter in the Minutes a synopsis of the discussion on any question coming before the Council.

SECTION 9. ORDER OF PRECEDENCE OF MOTIONS

A motion to adjourn shall take precedence over all other motions and shall be non%u2011debatable; however, if such a motion is made prior to the disposition of all agenda items, the motion to adjourn must be approved by two%u2011thirds of all Council members present.

A question of order shall take precedence over all other motions except a motion to adjourn.

A motion to postpone shall take precedence over all other motions except the motion to adjourn or a question of order, and may, at the sole discretion of the presiding officer, be debatable.

At the discretion of the presiding officer, prior to voting on any motion, the Council may modify the motion by one or more motions to amend. A motion to amend shall have precedence over the main motion and shall be approved by a simple majority of those present and voting. Following approval of any amendment(s), Council shall vote on the merits of the main motion as amended.

SECTION 10.MOTION TO RECONSIDER

A motion to reconsider any action taken by the Council may be made at any time prior to adjournment of the same meeting at which such action was taken.

SECTION 11. OBTAINING THE FLOOR

Every person desiring to speak shall address the presiding officer, and when recognized by the presiding officer, shall address only the question under consideration.

SECTION 12. RIGHT OF CITIZENS TO BE HEARD

Any citizen of the City of El Paso shall have a reasonable opportunity to be heard at all public hearings of the City Council in regard to any and all matters to be considered at such hearings that are germane and relative to any subject matter of City affairs or business which is within the scope of the authority and legislative functions of the City Council. Provided, however, that the time allowed for each citizen's appearance before City Council will be limited to a fixed number of minutes at the discretion of the presiding officer. Members of the public will usually be granted three (3) minutes to present their position on issues. Time will be kept by the City Clerk. The presiding officer may grant a speaker additional time at his or her discretion.

A maximum of thirty minutes will be allotted for a public comment portion of each regular City Council meeting. Members of the public will have a reasonable opportunity to provide comment on items not already posted on the agenda, except that no person shall engage in political advertising contrary to state law. Persons wishing to provide comment during the public comment portion of the City Council agenda must sign up prior to 8:00 am on the day of the City Council meeting. The City Clerk shall make available the sign-in sheet for the public outside of Council Chambers on the day of the Council meeting up until 8:00 am. Any person signing up to provide comment during the public comment portion of the agenda must provide their name, address and a short description of the topic(s) of their comment.

To facilitate the receiving of comment from as many citizens as possible who are interested in bringing topics forward to the City Council for comment, a person may sign up to obtain one time slot to speak or otherwise make a presentation on one or more specified topics during the public comment portion of a City Council meeting. This provision does not restrict any member of the public from signing up to speak on items posted on the regular agenda or to ask questions regarding items posted on the consent agenda.

The time allotted for the public comment portion of the agenda shall be uniformly divided among those who have signed up to obtain a time slot and participate and except as provided below, no speaker will have more than five minutes to speak or otherwise make a presentation, regardless of the number of topics a speaker wishes to address within his or her time slot. At the beginning of the public comment portion of the agenda, the City Clerk will make one announcement as to the amount of time that each person has to provide comment. The City Clerk will call each person signed up to make comment to the podium in the order that they signed up to speak and will keep time. Each topic brought forward will be for comment from the speaker and may not be deliberated by the members of Council nor rebutted or debated by members of the public. Any member of the City Council may propose that the topic commented on be posted by staff on a future Council meeting agenda for the Council’s discussion and action.

The presiding officer at his or her discretion may grant a speaker one (1) additional minute to wrap up his or her comments regardless of whether the allotted thirty minutes will otherwise be taken up by the others making comment. If the allotted thirty minutes for the public comment portion of the agenda have not been completely utilized by the persons who signed up, obtained a time slot and had the opportunity to speak to the Council, and one or more of these speakers had signed up to speak on multiple topics but were not able to finish their comments within their allocated time, then the Council, upon the request of one Council member and at the Council’s discretion, may determine that it will grant additional time to one or more of these persons to speak a second time on the same topics. In such event, the City Clerk will advise the Council of the time remaining for these speakers and the presiding officer will allocate the remaining time among the persons who will be allowed to speak a second time, not to exceed five minutes per person.

Members of the public wishing to ask a question regarding an item posted on the consent agenda or to speak to an item posted on the regular agenda must sign up prior to 8:00 a.m. on the day of the City Council meeting. The City Clerk shall make available the sign-in sheet for the public outside of Council Chambers on the day of the Council meeting up until 8:00 a.m. Persons may sign up to address multiple items, however this does not mean it is permissible to “mark all” or to sign up for every item “just in case” they wish to speak when the discussion on an item takes place.

At the time that the consent agenda is taken up for consideration, the City Clerk shall advise the Mayor Pro Tempore whether persons in the audience have signed up to ask a question regarding an item posted on the consent agenda. The Mayor Pro Tempore shall have the floor and may ask the City Clerk to call those individuals up to the podium to hear their questions. At that time, the City Clerk will announce the agenda item number and call the person to the podium. The Mayor Pro Tempore may request the City Manager to respond to the questions raised by the members of the public. In his or her discretion, the Mayor Pro Tem may move the consent agenda item to the regular agenda for continued discussion and action by the City Council.

Members of Council may move to overrule the determinations by the Mayor Pro Tempore under this section by a simple majority vote of the Council members present and voting.

No person may speak a second time except by permission of the presiding officer, and further, no person shall be heard a second time until all persons desiring to speak once have been given the opportunity to do so.

Personal attacks are not permitted. Members of the public should address their questions to the Council, not to the staff. Council may in turn ask staff to provide input.

Members of the public may be asked to leave or be removed from Council Chambers if it is determined that they are disruptive to the meeting. Such determination will be made by the presiding officer. Members of Council may move to overrule such determination by the presiding officer subject to a simple majority vote of Council, present and voting.

SECTION 13. CALLING AND ORDER OF AGENDA ITEMS

Executive Session will be scheduled at the end of the meeting or other such time as determined by the Council. The Invocation and Pledge of Allegiance will take place no sooner than 8:00 a.m. Thereafter, the proceedings will take place as specified on the Attached Exhibit “A”.

The public comment (call to the public) portion of the agenda will follow, not to exceed thirty (30) minutes. Items accepting or acknowledging donations to the City will be taken prior to consideration of the consent agenda. Items removed from the consent agenda by the Mayor Pro Tempore or at the request of other Council members will be considered at the time when items for the related department are being considered or as otherwise requested by the Mayor Pro Tempore. The introduction of ordinances will be considered first on the regular agenda, followed by the procurement items posted on the regular agenda by the Financial Services and/or Engineering and Construction Management departments, and any reports or updates from the City’s Committees, Boards and Commissions.

Notwithstanding the above provisions, the City Manager shall direct the placement of all matters relating to the City Council’s adoption of the annual City budget and associated matters relating to the start of each new fiscal year and the adoption of the tax levy on one or more agendas so as to meet all required statutory and charter deadlines.

At the time that each agenda item is to be considered by the City Council, the City Clerk will announce all agenda items by number and a brief statement as to the nature of the item when appropriate. In the case of a revision, the City Clerk or staff shall read the item into the record, as appropriate.

SECTION 14. PARLIAMENTARIAN

The City Attorney and the Deputy City Attorney are confirmed to serve as Parliamentarian and Alternate Parliamentarian, respectively.

SECTION 15. USE OF ELECTRONIC DEVICES

Electronic devices within Council chambers shall be used in accordance with all established City practices and procedures and as directed by Information Technology Department staff providing support services during a meeting. City staff, other than the dignitary protection officers, and members of the public shall turn off the signals of all pagers, cellular telephones and other devices capable of making an audible signal and shall not make or take any telephone calls while in Council chambers once a Council meeting has been called to order.

Members of the City Council shall not use any electronic devices other than the desk top computers provided by the City of El Paso located at their seats during any City Council meeting or City Council work sessions. The use of communication devices of any kind, including but not limited to: hand-held portable communication devices, cellphones, computers, tablets, laptops, watches, etc. is expressly prohibited during City Council meetings and shall not be allowed in the room during closed sessions unless they are being used to aid in executive session presentations.

If the City Council member needs to take a telephone call, respond to a text message, etc. during a meeting, he or she must excuse themselves from the dais or room where the closed session is taking place to engage in that communication.

The use of the desktop computers during City Council shall be limited to voting, viewing presentations, research to aid the council member and communication via email to staff. During meetings, City Council members shall not text, tweet, blog, post on Facebook, Instagram or use any other social media platform.

Mayor Leeser and Representative Robinson commented.

Ms. Lisa Turner, citizen, commented.

....................................................................................................................

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

..............................................................................................................................

5.1.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign a Local Transportation Project Advance Funding Agreement by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for a Congestion Mitigation and Air Quality On-System Project for the design and construction of pedestrian enhancements along the Dyer RTS route, for an estimated total project cost of $1,591,050.00, with an estimated City participation amount of $303,750.00.

....................................................................................................................

Goal 8: Nurture and Promote a Healthy, Sustainable Community

..............................................................................................................................

6.1.

*R E S O L U T I O N

WHEREAS, the Rio Grande Council of Governments (RGCOG) is directed by the Texas Commission on Environmental Quality to administer solid waste grant funds for implementation of the RGCOG adopted regional solid waste management plan; and

WHEREAS, City of El Paso in the State of Texas is qualified to apply for grant funds under the RGCOG Request for Applications.

WHEREAS, the Regional Solid Waste Grant is administered by the Rio Grande Council of Governments, is divided between six Texas counties and is used to pay for the disposal of illegally dumped tires;

WHEREAS, the City of El Paso is aware that there may not be any funds left by the referenced counties, but in the event that there is funding available for use, the City of El Paso desires to apply for any monies not spent by the other referenced counties by August 2016.

NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF El PASO, TEXAS;

1. THAT the City Manager or designee is authorized to request grant funding under the Rio Grande Council of Governments, Request for Applications of the Regional Solid Waste Grants Program and act on behalf of the City of El Paso in all matters related to the grant application and any subsequent grant contract and grant project that may result, to fund the disposal of illegally dumped tires for the amount of funding that is available.

2. THAT if the project is funded, the City of El Paso will comply with the grant requirements of the Rio Grande Council of Governments, Texas Commission on Environmental Quality and the State of Texas.

3. THAT the grant funds and any grant-funded equipment or facilities will be used only for the purposes for which they are intended under the grant.

4. THAT the grant activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed.

...................................................................................................................

CONSENT AGENDA - BOARD APPOINTMENTS:

....................................................................................................................

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

..............................................................................................................................

7.1.

*Motion made, seconded, and unanimously carried to APPOINT Amy Ross to the Civil Service Commission by Mayor Oscar Leeser.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

..............................................................................................................................

7.2.

*R E S O L U T I O N

WHEREAS, by Resolution dated August 21, 2012, the City Council of the City of El Paso created the Financial and Audit Oversight Committee (“FAOC”);

WHEREAS, the FAOC shall be comprised of four (4) members of City Council, the Internal Auditor and the City Manager or her designee; and

WHEREAS, there is currently a vacancy on the committee.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City of El Paso hereby appoints Emma Acosta, Representative District 3 to Financial and Audit Oversight Committee, for a term commencing on March 8, 2016 and will expire on March 7, 2017.

....................................................................................................................

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

..............................................................................................................................

8.1.

*Motion made, seconded, and unanimously carried to APPOINT Patrice Hills to the Zoning Board of Adjustment as a regular member by Representative Claudia Ordaz, District 6.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

....................................................................................................................

Goal 8: Nurture and Promote a Healthy, Sustainable Community

..............................................................................................................................

9.1.

*Motion made, seconded, and unanimously carried to APPOINT Ernest Eisenberg to the Regional Renewable Energy Advisory Council by Representative Peter Svarzbein.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

...................................................................................................................

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

....................................................................................................................

10.

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

..............................................................................................................................

10.1.

*Motion made, seconded, and unanimously carried to APPROVE tax refunds listed on the attachment posted with this agenda be approved.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

1. Vermeer Sales Southwest Inc. in the amount of $9,640.59 overpayment on November 23, 2015 of 2015 taxes. (Geo. # 1507-999-1287-2530)

2. Roger Davie in the amount of $7,632.73 overpayment on January 25, 2016 of 2015 taxes. (Geo. # A470-999-0300-0100)

3. AMEX Properties LLC in the amount of $7,770.15 overpayment on February 1, 2016 of 2015 taxes. (Geo. # C232-999-0050-3000)

4. MLR Trust in the amount of $5,274.23 overpayment on January 28, 2014 of 2013 taxes. (Geo. # C809-999-0210-4700)

5. Dan O. Roberts D.D.S. in the amount of $4,535.30 overpayment on January 31, 2015 of 2014 taxes. (Geo. # D361-999-0070-0100)

6. Taochung Chang in the amount of $4,473.59 overpayment on February 1, 2016 of 2015 taxes. (Geo. # L626-999-0050-2100)

7. Quorey Joseph in the amount of $5,552.83 overpayment on December 30, 2015 of 2015 taxes. (Geo. # S138-999-0070-0900)

8. Wells Fargo Home Mortgage in the amount of $6,370.32 overpayment on December 22, 2014 of 2014 taxes. (Geo. # T287-999-1330-0800)

9. Leonor Chavez in the amount of $3,279.62 overpayment on December 23, 2014 of 2014 taxes. (Geo. # V893-999-0330-7300)

10. Bhatia Sanjay and Rupalben in the amount of $6,224.15 overpayment on January 29, 2016 of 2015 taxes. (Geo. # W145-999-0890-6260)

11. Carolina Group in the amount of $16,891.59 overpayment on January 31, 2016 of 2015 taxes. (Geo. # Y805-999-0260-0516)

...................................................................................................................

CONSENT AGENDA - NOTICE FOR NOTATION:

....................................................................................................................

11.

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

..............................................................................................................................

11.1.

*Motion made, seconded, and unanimously carried to APPROVE the Municipal Court monthly activity report and the Office of Court Administration report for January 2016.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

....................................................................................................................

12.

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

..............................................................................................................................

12.1.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $5,000.00 from Hilltop Securities (Formerly FirstSouthwest) for the Familiarization Tours.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

...................................................................................................................

CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

....................................................................................................................

13.

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

..............................................................................................................................

13.1.

*Motion made, seconded, and unanimously carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing Department to issue Purchase Orders to O’Reilly Auto Parts and American Tire Distributors, contractors under Buy Board Cooperative Purchasing Program, Contract # 470-14 (Tires, Tubes and Automotive Parts, Supplies and Equipment), for the purchase of light and heavy duty automotive parts and tires. 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 Buy Board Cooperative Purchasing Program was approved by Mayor and City Council on August 21, 2007.

Department: Streets & Maintenance – Fleet Division

Award to: Vendor 1 O’Reilly Auto Parts

Springfield, MO

Total Estimated Amount: $150,000.00

Award to: Vendor 2 American Tire Distributors

Carrollton, TX

Total Estimated Amount: $150,000.00

Total Estimated Amount: $300,000.00 (Vendor 1 and Vendor 2)

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

Funding Source: Internal Service Fund – Inventory

Purchases Materials and Supplies

Reference No.: 2016-679

This is a Cooperative, unit price contract.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

...................................................................................................................

CONSENT AGENDA - BEST VALUE PROCUREMENTS:

....................................................................................................................

14.

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

..............................................................................................................................

14.1.

1^ST MOTION

*Motion made, seconded, and unanimously carried to MOVE TO REGULAR.

2^NDAND FINAL MOTION

Motion made by Representative Acosta, seconded by Mayor Pro Tempore Noe, and carried to AWARD Solicitation No. 2015-1159 (Janitorial Services – Fire Facilities (4) Buildings, and NW Corral) to Total Cleaning Services for an initial term estimated award of $225,292.68. The award is to include a two (2) year optional amount of $150,195.12 for a total five (5) year award of $375,487.80.

AYES: Representatives Svarzbein, Acosta, Robinson, and Noe

NAYS: Representatives Ordaz and Limón

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Department: Streets and Maintenance – Facilities Maintenance

Award to: Total Cleaning Services

El Paso, Texas

Item(s): All

Initial Term: 3 years

Option to Extend: 2 years

Annual Estimated Award: $75,097.56

Initial Term Estimated Award: $225,292.68 (3 years)

Total Estimated Award: $375,487.80 (5 years)

Account No.: 532 – 31040 – 522060 – 1000 – P3120

Funding Source: General Fund – Maintenance Services

Contracts - Janitorial

This is a Best Value, Service contract.

The Purchasing & Strategic Sourcing Department and Streets and Maintenance – Facilities Maintenance recommend award as indicated to Total Cleaning Services, the bidder offering the best value bid.

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

Mayor Leeser and Representatives Acosta, Robinson, Noe, Ordaz, and Limón commented.

The following City staff members commented:

Mr. Bruce Collins, Director of Purchasing and Strategic Sourcing
Ms. Sylvia Firth, City Attorney, gave legal advice.
Mr. John Espinoza, Purchasing and Strategic Sourcing
Ms. Deniese Baisley, Interim Assistant Director of Purchasing and Strategic Sourcing
Ms. Sol Cortez, Assistant City Attorney, gave legal advice.

...................................................................................................................

CONSENT AGENDA - BIDS:

....................................................................................................................

15.

Goal 3: Promote the Visual Image of El Paso

..............................................................................................................................

15.1.

*Motion made, seconded, and unanimously carried to REJECT the bid received for Solicitation No. 2016- 486 Uniform Rentals for the Zoo Department as recommended by the Purchasing & Strategic Sourcing Department and Zoo, due to all bidders’ failure to bid on all items within a group.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

...................................................................................................................

MAYOR’S PROCLAMATIONS

	1.	Girl Scout Week

	2.	Women in Construction Week

	4.	2016 El Paso Vietnam Veterans Memorial Unveiling
...................................................................................................................
RECOGNITIONS

The Government Finance Officers Association of the United States and Canada presents the Office of Management and Budget with the Distinguished Budget Presentation Award and the Certificate of Recognition for Budget Preparation.
...................................................................................................................
8:00 A.M. – 8:30 A.M. CALL TO THE PUBLIC – PUBLIC COMMENT The following members of the public commented: Ms. Patricia Barrientos Ms. Linda Krasowski Ms. Patricia Johnson Mr. Pierre Andre Euzarraga Mr. Robert Jeskey Ms. Wally Cech Mr. Charles Stapler Mr. Steven Strumer Mr. Jorge Artalejo Ms. Lisa Turner Mr. David Nevarez Mayor Leeser commented. Motion made by Representative Ordaz, seconded by Representative Limón, and unanimously carried to SUSPEND THE RULES OF ORDER to allow additional speakers to address the Council after the signup period. NOT PRESENT FOR THE VOTE: Representative Romero ABSENT: Representative Niland
...................................................................................................................

REGULAR AGENDA - OTHER BUSINESS

....................................................................................................................

16.

MAYOR AND COUNCIL

..............................................................................................................................

16.1.

Motion made by Mayor Pro Tempore Noe, seconded by Representative Acosta, and unanimously carried to APPROVE Representative Carl Robinson as the new Alternate Mayor Pro Tempore.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Representative Noe commented.

Ms. Lisa Turner, citizen, commented.

..............................................................................................................................

16.2.

Motion made by Representative Limón, seconded by Representative Ordaz, and unanimously carried to DELETE the item regarding open records requests released to person(s) and/or petitioner(s) convicted of a felony and/or misdemeanor of a Crime of Moral Turpitude.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Representative Acosta presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser and Representatives Robinson, Noe, Ordaz, and Limón commented.

The following City staff members commented:

Ms. Sylvia Firth, City Attorney, gave legal advice.
Mr. Don Minton, Assistant City Attorney, gave legal advice.

The following members of the public commented:

Ms. Lisa Turner
Mr. Jaime Abeytia

...................................................................................................................

REGULAR AGENDA - FIRST READING OF ORDINANCES

Motion made by Representative Acosta, seconded by Mayor Pro Tempore Noe, and unanimously carried that the following Ordinances, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:

NOT PRESENT FOR THE VOTE: Representatives Romero and Ordaz

ABSENT: Representative Niland

....................................................................................................................

17.

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

..............................................................................................................................

17.1.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.56 (Parking Meters), Section 12.56.040 (Operation – Time Limits) to allow for the parking of a vehicle in a metered space for a consecutive period of time longer than that permitted when authorized through the grant of a Special Privilege by the City Council or as otherwise authorized by ordinance or permit for use of the metered space pursuant to the requirements of the City Charter and any other applicable City ordinances. The penalty is as provided in Chapter 12.84 of the El Paso City Code.

PUBLIC HEARING WILL BE HELD ON MARCH 22, 2016

..............................................................................................................................

17.2.

An Ordinance granting a Special Privilege License to El Paso Shopping District, LLC for the placement and use of one (1) non-motorized corn roaster and one (1) vending table within portions of City right-of-way along Fourth Street adjacent to the property located at 620 South El Paso Street on Friday, Saturday, and Sunday year-round from 8:00AM to 8:00PM and permitting the exclusive use of City parking meter space E4-101 for operation of the roaster during said hours. (NESV2015-00022)

PUBLIC HEARING WILL BE HELD ON MARCH 22, 2016

..............................................................................................................................

17.3.

An Ordinance amending Title 15 (Public Services), Chapter 15.08 (Street Rentals), Section 15.08.120 (Special Privilege Licenses and Permits), Subsection 15.08.120(N) (Outdoor Patio Cafes) to remove the requirement that City Council approval is required for the sale and service of alcoholic beverages within an outdoor patio café. The penalty is as provided in Chapter 15.08.125 of the El Paso City Code.

PUBLIC HEARING WILL BE HELD ON MARCH 22, 2016

....................................................................................................................

18.

Goal 3: Promote the Visual Image of El Paso:

..............................................................................................................................

18.1.

An Ordinance granting Special Permit No. PZST15-00045 to allow for infill development with a reduction in rear setback, parking reduction, and density bonus on the property described as Lot 1, Block 1, North Loop Apartments, 9522 North Loop 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: 9522 North Loop Drive. Property Owner: North Loop Apartments, LLC. PZST15-00045

PUBLIC HEARING WILL BE HELD ON APRIL 5, 2016

..............................................................................................................................

18.2.

An Ordinance releasing all conditions placed on property by Special Contract No. 82825 approved on March 17, 1983 and corrected by Contract No. 33164 on September 29, 1985 which were imposed by the rezoning of Portion of Lot 1, Block 2, Mesa Hills West, 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: 310 Mesa Hills Drive. Property Owner: AHTX 1, LLC. PZCR15-00006

PUBLIC HEARING WILL BE HELD ON APRIL 5, 2016

....................................................................................................................

19.

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

..............................................................................................................................

19.1.

An Ordinance authorizing the City Manager to execute a quitclaim (tax resale) deed conveying all right, title and interest in the property located at 7812 West Dr. to Francisco Antonio Leyva, in accordance with Section 34.05 (h) of the Tax Code, Section 34.05 (h) permits the City to sell a property for the total amount of the judgment and the sale of the property does not require the consent of each taxing entity entitled to receive proceeds from the sale.

PUBLIC HEARING WILL BE HELD ON MARCH 22, 2016

....................................................................................................................

20.

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

..............................................................................................................................

20.1.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.56 (Parking Meters), Section 12.56.030 (Parking Space Designation–Use) of the El Paso City Code, to exempt members of city boards, commissions and committees from parking meter fees at parking meters along East Mills Avenue when displaying a city-issued placard during scheduled city board, commission and committee meetings; the penalty as provided in Chapters 12.84 (Violation – Penalty) and 12.85 (Parking Violations Bureau) of the El Paso City Code.

PUBLIC HEARING WILL BE HELD ON MARCH 22, 2016

...................................................................................................................

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

....................................................................................................................

21.

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

..............................................................................................................................

21.1.

Motion made by Mayor Pro Tempore Noe, seconded by Representative Robinson, and carried to AWARD Solicitation No. 2015-1161(Janitorial Services – City Hall 1,2,3,4, and UPTT) to Arturo Rubio dba Star-Clean Maintenance for an initial term estimated award of $309,177.00. The award is to include a two (2) year optional amount of $206,118.00 for a total five (5) year award of $515,295.00.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, and Ordaz

NAYS: Representative Limón

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Department: Streets and Maintenance – Facilities

Maintenance

Award to: Arturo Rubio dba Star-Clean Maintenance

El Paso, Texas

Item(s): All

Initial Term: 3 years

Option to Extend: 2 years

Annual Estimated Award: $103,059.00

Initial Term Estimated Award: $309,177.00 (3 years)

Total Estimated Award: $515,295.00 (5 years)

Account No.: 532 – 31040 – 522060 – 1000 – P3120

Funding Source: General Fund – Maintenance Services

Contracts - Janitorial

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing Department and Streets and Maintenance – Facilities Maintenance recommend award as indicated to Arturo Rubio dba Star-Clean Maintenance the bidder offering the best value bid.

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

Representative Limón commented.

Mr. John Espinoza, Purchasing and Strategic Sourcing, commented.

....................................................................................................................

22.

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

..............................................................................................................................

22.1.

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign a First Amendment to that certain Standard Form of Agreement Between Owner and Design-Builder by and between the CITY OF EL PASO and Black Stallion, Contractors, Inc. a Texas Company, for a project known as “Spray Parks-Phase 1 2016-268R” for the Design-Builder to proceed with construction work related to the infrastructure of the Project prior to the execution of the Design-Build Amendment for an amount not to exceed Four Hundred Fifty Six Thousand Four Hundred Ninety Five and 00/100 Dollars ($456,495.00) and that the Capital Improvement Department Director 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; 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.

Motion made by Representative Limón, seconded by Representative Svarzbein, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Mr. Javier Reyes, Engineering Division Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representative Robinson commented.

Mr. Tommy Gonzalez, City Manager, commented.

...................................................................................................................

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

....................................................................................................................

23.

Goal 3: Promote the Visual Image of El Paso

..............................................................................................................................

23.1.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks 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

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

..............................................................................................................................

23.2.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks 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

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

..............................................................................................................................

ITEMS 23.3 AND 23.4 TAKEN TOGETHER

23.3.

ORDINANCE 018473

The City Clerk read an Ordinance entitled: 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

Ms. Kimberly Forsyth, Planning Program Manager, commented.

Motion duly made by Representative Limón, seconded by Representative Svarzbein, that the Ordinance be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

..............................................................................................................................

23.4.

ORDINANCE 018474

The City Clerk read an Ordinance entitled: 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

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

..............................................................................................................................

23.5.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks 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.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

..............................................................................................................................

23.6.

ORDINANCE 018475

The City Clerk read an Ordinance entitled: 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

Ms. Kimberly Forsyth, Planning Program Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser and Representatives Svarzbein, Acosta, Robinson, Noe, and Ordaz commented.

Ms. Sylvia Firth, City Attorney, gave legal advice.

The following members of the public commented:

Ms. Lupe Villalva
Mr. Joe Alcantar, Cross of Grace Church

1^ST MOTION

Motion made by Representative Robinson, seconded by Representative Limón, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 2:25 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following:

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Section 551.071 CONSULTATION WITH ATTORNEY

Section 551.072 DELIBERATIONS 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

2^nd MOTION

Motion made by Representative Robinson, seconded by Representative Svarzbein, and unanimously carried to adjourn the Executive Session at 2:40 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

3^rd MOTION

Motion made by Representative Acosta, seconded by Representative Limón, and carried to DENY 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. THE MOTION FAILED.

AYES: Representatives Acosta, Ordaz, and Limón

NAYS: Mayor Leeser and Representatives Svarzbein, Robinson and Noe

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Mayor cast tie-breaking vote, voting “Nay” vote to defeat the motion.

4^TH AND FINAL MOTION

Motion duly made by Mayor Pro Tempore Noe, seconded by Representative Robinson, that the Ordinance be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Mayor Leeser and Representatives Svarzbein, Robinson and Noe

NAYS: Representatives Acosta, Ordaz and Limón

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Mayor cast tie-breaking vote, voting “Aye” to approve the motion.

MOTION PASSED.

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

....................................................................................................................

24.

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

..............................................................................................................................

24.1.

ORDINANCE 018476

The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING TITLE 3 (REVENUE AND FINANCE), CHAPTER 3.46 (WAGE THEFT) IN ORDER TO AMEND SECTION 3.46.020(B) DUTIES OF THE WAGE THEFT COORDINATOR TO INCLUDE ADDITIONAL DUTIES, AMEND SECTION 3.46.030 (A) INCLUSION IN DATABASE TO INCLUDE ADDITIONAL EVIDENCE CONSIDERATIONS TO NOT INCLUDE AN EMPLOYER IN THE WAGE THEFT ADJUDICATION DATABASE, AMEND SECTION 3.46.030(C) REMOVAL FROM DATABASE TO ADD A CAUSE FOR REMOVAL FROM THE WAGE THEFT ADJUDICATION DATABASE, ADD SECTION 3.46.070 CITY PERMITS, LICENSES, AND REGISTRATIONS TO ESTABLISH THE PROCEDURE FOR DENIAL OF ISSUANCE AND RENEWAL OF CERTAIN PERMITS, LICENSES, AND REGISTRATIONS FOR APPLICANTS WITH A WAGE THEFT ADJUDICATION RECORD, AND ADD SECTION 3.46.080 PERMITS, LICENSES, AND REGISTRATIONS -APPEAL PROCESS; THE PENALTY AS PROVIDED IN SECTION 3.46.070 OF THE EL PASO CITY CODE.

Mayor Leeser and Representatives Acosta, Robinson, Noe, Ordaz, and Limón commented.

Mr. Bruce Collins, Director of Purchasing and Strategic Sourcing, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Ms. Sol Cortez, Assistant City Attorney, presented a PowerPoint presentation (copy on file in City Clerk’s Office) and gave legal advice.

Ms. Elizabeth Gibson, Program Manager – One Stop Shop, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Ms. Sylvia Firth, City Attorney, gave legal advice.

The following members of the public commented:

Ms. Kathleen Stoudt
Mr. Marco Roupos, read Bishop Seitz’ letter into the record
Ms. Michelle Luvano
Mr. David Stout
Ms. Eloisa De Avila
Ms. Irma Bocanegra, AT&T
Ms. Lidia Cruz
Ms. Esther Soto
Mr. Aurelio Rangel

10. Ms. Claudia Yoli, read Senator Rodriguez’ letter into the record.

11. Mr. Chris Benoit, Lift Up El Paso

1^ST MOTION

*Motion made, seconded, and unanimously carried to MOVE TO THE FOREFRONT.

2^ND AND FINAL MOTION

Motion duly made by Representative Limón, seconded by Representative Ordaz, that the Ordinance be ADOPTED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Acosta, Robinson, Ordaz, and Limón

NAYS: Representative Noe

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

....................................................................................................................

25.

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

..............................................................................................................................

25.1.

Motion made by Representative Ordaz, seconded by Representative Limón, and unanimously carried to POSTPONE two weeks an Ordinance authorizing the City Manager to sign a Contract of Sale and Special Warranty Deed and any other documents necessary to convey to Rose Rock/Partners Fourth Quarter Capital II, LLC, a 9.240 acre parcel of land in a portion of tracts 7A and 8C, Block 55, Ysleta Grant, City of El Paso, El Paso County, Texas, located at I-10 and Zaragoza in Mission Valley.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

...................................................................................................................

REGULAR AGENDA - OTHER BUSINESS

....................................................................................................................

26.

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

..............................................................................................................................

26.1.

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to execute a Second Amendment to an existing Chapter 380 Economic Development Incentive Agreement between the City of El Paso and Summit 11 Investment Group, LLC for the redevelopment of a building to be used as a hotel located at 325 N. Kansas, El Paso, Texas.

Ms. Jessica Herrera, Redevelopment Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Motion made by Representative Svarzbein, seconded by Representative Limón, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

..............................................................................................................................

26.2.

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to execute a Tax Abatement Agreement between the City of El Paso and MARTIN & MARIA O. BELTRAN, the property owners, pursuant to the City’s Infill Development Incentive Policy, for the construction of a 6,000 square foot community retail center located on 1201 Zaragoza Road.

Representative Limón commented.

Motion made by Representative Limón, seconded by Representative Acosta, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

..............................................................................................................................

26.3.

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to execute a Chapter 380 Construction Sales Tax Rebate Agreement between the City of El Paso and MARTIN & MARIA O. BELTRAN, the property owners, pursuant to the City’s Infill Development Incentive Policy, for the construction of a 6,000 square foot community retail center located on 1201 Zaragoza Road.

Motion made by Representative Limón, seconded by Representative Svarzbein, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

....................................................................................................................

27.

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

..............................................................................................................................

27.1.

Motion made by Mayor Pro Tempore Noe, seconded by Representative Limón, and unanimously carried to APPROVE budget transfer to increase the FY2016 Confiscated Funds appropriation as follows: State Confiscated Funds Budget by $244,413, Federal Confiscated Funds Budget by $280,705 and Treasury Confiscated Funds Budget by $115,318.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

....................................................................................................................

28.

Goal 3: Promote the Visual Image of El Paso

..............................................................................................................................

28.1.

R E S O L U T I O N

WHEREAS, pursuant to state law the CITY OF EL PASO (“City”) does not regulate the zoning or construction of improvements and structures outside of its corporate boundaries; and,

WHEREAS, RANCHOS REAL LAND HOLDINGS, LLC., a Texas limited liability company (hereinafter referred to as the “Owner”) and EL PASO DESERT EAST INVESTMENTS II, LTD., THE MESA GROUP V. LTD, EL PASO DESERT INVESTMENTS VI, LTD., a Texas Limited partnership and RANCHOS REAL IV, LTD., a Texas limited partnership (collectively with Owner, the “Donors”), are the owners of record of real property which is not located within the corporate limits of any municipality but is contiguous to the corporate limits of the City; and Owner desires that the property be subject to a development agreement and subsequently be annexed into the City; and,

WHEREAS, Texas Local Government Code Chapter 212, Subchapter G, allows for the governing body of a municipality to enter into a written contract with an owner of land that is located in the extraterritorial jurisdiction of the municipality; and,

WHEREAS, Subchapter G, also allows for the City to extend its planning authority over the land and authorize the enforcement of the City’s land use and development regulations over the land in the same manner the regulations are enforced within the municipality’s boundaries and provide for the annexation of the land in a timely manner; and,

WHEREAS, Texas Local Government Code Chapter 372, grants the governing body of a municipality the power to establish a public improvement district to undertake an improvement project that confers a special benefit to a definable part of the municipality; and

WHEREAS, Texas Tax Code Chapter 311, grants the governing body of a municipality the power to designate a contiguous or noncontiguous geographic area that is in the corporate limits of the municipality, in the extraterritorial jurisdiction of the municipality, or in both to be a reinvestment zone to promote development or redevelopment of the area;

WHEREAS, Owner, after full consideration, accept the terms and conditions cited in the proposed Development Agreement due to the advantages and benefits resulting from the subsequent annexation of the property; and,

WHEREAS, the City, after due and careful consideration, and after consultation and approval from the El Paso Water Utilities-Public Service Board, has concluded that the annexation of the property on the terms and conditions set forth in the Development Agreement is in the best interest of the City to protect and provide for the public health, safety, morals and general welfare.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager or his Designee, be authorized to sign a Development Agreement, and subsequent amendments or extensions, by and between the CITY OF EL PASO and RANCHOS REAL LAND HOLDINGS, LLC., a Texas limited liability company and EL PASO DESERT EAST INVESTMENTS II, LTD., THE MESA GROUP V, LTD., a Texas limited partnership, EL PASO DESERT INVESTMENTS VI, LTD, a Texas Limited partnership and RANCHOS REAL IV, LTD., a Texas limited partnership, to set forth the rights and responsibilities between the parties to allow for the development of the property legally described as a Portion of Section 48, Block 79, Township 2, Texas and Pacific Railway Company Surveys, El Paso County, Texas, and a Portion of Section 18, Block 78, Township 2, Texas and Pacific Railway Company Surveys, El Paso County, Texas, located within the City’s East Extraterritorial Jurisdiction and containing 617.14 acres of land more or less.

Furthermore, that the City Manager or his Designee is authorized to provide any and all notices required under law in order to annex this property. That the Deputy Director of Planning is hereby directed to prepare an annexation service plan in accordance with Section 43.056 of the Local Government Code.

Motion made by Mayor Pro Tempore Noe, seconded by Representative Limón, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

....................................................................................................................

29.

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

..............................................................................................................................

29.1.

Motion made by Mayor Pro Tempore Noe, seconded by Representative Svarzbein, and carried to APPROVE staff recommendation to replace identified playgrounds for replacement and 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 in the amount of $2,002,000.

AYES: Representatives Svarzbein, Robinson, Noe, Ordaz, and Limón

NAYS: Representative Acosta

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Mr. Tracy Novak, Director of Parks and Recreation, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representatives Svarzbein, Acosta, Robinson, Ordaz, and Limón commented.

Mr. Tommy Gonzalez, City Manager, commented.

....................................................................................................................

30.

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

..............................................................................................................................

30.1.

R E S O L U T I O N

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS, CALLING FOR A SPECIAL ELECTION TO FILL A CITY COUNCIL VACANCY IN THE OFFICE OF REPRESENTATIVE FOR DISTRICT NO. 2, TO BE HELD ON MAY 7, 2016; AND MAKING PROVISIONS FOR THE CONDUCT OF THE SPECIAL ELECTION; AND AUTHORIZING A CONTRACT WITH EL PASO COUNTY TO

FURNISH ELECTION SERVICES AND EQUIPMENT.

WHEREAS, effective February 19, 2016, a vacancy occurred in the office of City Council Representative for District No. 2 following Representative Larry Romero’s written resignation from office; and

WHEREAS, the Constitution of the State of Texas provides that a special election shall be held to fill the vacancy within one hundred and twenty (120) days after such vacancy occurs; and

WHEREAS, the Texas Election Code, Section 201.052, provides that a special election to fill a vacancy shall be held on the first authorized uniform election date occurring on or after the 46th day after the election is ordered; and

WHEREAS, May 7, 2016, is the first authorized uniform election date occurring on or after the 46th day after the date of this order and falls within the 120-day constitutional mandate; and

WHEREAS, the City Council has determined that the holding of the special election to fill the unexpired term of City Council Representative for District No. 2 on May 7, 2016 is in conformity with applicable laws and is in the best interest of the citizens of El Paso.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO THAT:

SECTION 1 – VACANCY, REPRESENTATIVE FOR DISTRICT NO. 2

The City Council of the City of El Paso, Texas, does hereby declare a vacancy in the position of City Council Representative, District No. 2, and orders a special election for the City of El Paso, Texas, to be held on the second Saturday in May, that being May 7, 2016, for the purpose of electing a City Council Representative to serve for the unexpired term of District No. 2.

Such election shall be held in the manner and form prescribed by the laws of the State of Texas, and at such election all qualified voters in District No. 2 of the City are authorized to vote. The candidate receiving a majority of the votes cast for City Council Representative, District No. 2 shall be declared elected to such office.

Such election shall be held at the precincts and the polling places designated in Exhibit "A" or such other locations as may be designated prior to the election by the City Clerk, attached hereto and made a part hereof for all purposes, and said polling places shall open at 7 a.m. and remain open until 7 p.m. on the day of the election.

SECTION 2 – ELECTION SERVICES CONTRACT WITH COUNTY

The City Manager is hereby authorized to execute a contract with the El Paso County Elections Administrator for the purpose of having El Paso County furnish all or any portion of the election services and equipment needed by the City Municipal Clerk to conduct the election. The contract document and election services provided therein shall conform to Chapter 31, Subchapter D, of the Texas Election Code and other applicable statutes and laws.

The election services contract shall provide (a) the type of electronic voting equipment to be used for early voting by personal appearance and on election day, (b) notification and training for election judges and clerks, (c) an estimate and final payment terms for the election services provided, (d) agreements for early voting equipment and voting machine rental, and (e) other procedures to conduct the election.

SECTION 3 – EARLY VOTING CLERK

Lisa Wise, El Paso County Elections Administrator, 500 E. San Antonio, Suite 314, El Paso, Texas, 79901, is hereby appointed as Early Voting Clerk. Applications for ballot by mail must be received no later than the close of business on April 26, 2016, sent to this address.

SECTION 4 – EARLY VOTING

Early voting by personal appearance shall be conducted at the El Paso County Courthouse, located at 500 E. San Antonio, El Paso, Texas 79901. In addition, early voting may also occur at such branch early voting polling places as are designated herein or otherwise designated by the El Paso County Elections Administrator and posted at City Hall by the City Clerk. The locations and hours for early voting by personal appearance shall be authorized for such election as set forth in Exhibit “A.”

In addition, mobile voting stations may also be authorized and used for early voting at publicly owned buildings in the City as established by the El Paso County Elections Administrator. The City Clerk is authorized to make corrections or revisions to the list of these mobile stations, including the respective hours for early voting by personal appearance at these stations, as are established by the El Paso County Elections Administrator. The City Clerk is further authorized to make corrections or revisions to the list of early voting stations as set forth above, including the respective hours for early voting by personal appearance at these stations, and revise and correct all election notices regarding the early voting locations and the mobile voting stations, and the dates and times for such voting.

For purposes of processing ballots cast in early voting, the election officers for the Early Voting Ballot Board shall be appointed and designated in accordance with the provisions of the election agreement with El Paso County.

SECTION 5 – FILING FOR PLACE ON BALLOT

Applications for candidacy to the office of City Council Representative, District No. 2 shall be made to the City Secretary of the City of El Paso beginning upon approval by City Council of this resolution and ending on March 28, 2016 at 5 p.m., in manner and form as prescribed by law.

The names of eligible and qualified candidates for such office shall be placed on the ballots for such election by the City Municipal Clerk at the time and in the manner prescribed by law.

SECTION 6 – VOTING MACHINES AND ELECTION RESULTS

Voting machines used for the conduct of the election, shall be procured, maintained, operated, sealed and the votes therefrom tabulated pursuant to procedures established and authorized by the laws of the State of Texas.

The results of the election shall be certified, canvassed, and returned in the form and manner prescribed by law.

SECTION 7 – NOTICE OF ELECTION

The notice of the election hereby ordered and called shall be promulgated, published and posted in keeping with the state and local laws. A substantial copy of this resolution shall serve as proper notice of said election.

The City Clerk shall give notice of such election by posting a notice of such election in English and Spanish in the Office of the City Clerk as provided by law and by publishing a copy of said notice in both English and Spanish in a newspaper in the City as required by law, not later than Monday, April 18, 2016.

The City Clerk shall deliver notice of this election to the county clerk and voter registrar of El Paso County, as required by law.

SECTION 8 – RUNOFF ELECTION

Any runoff election required for the election of City Council Representative, District No. 2, following the special election of May 7, 2016, shall be held on a date that is permitted by and in accordance with Section 2.025 (a) Election Code of the State of Texas. Such election, if any, shall be called by the City Council. Early voting dates and sites will be identified if such runoff election shall be held.

SECTION 9 – COMPLIANCE WITH APPLICABLE LAWS

The City Manager and the City Municipal Clerk, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of federal and state law in carrying out and conducting the election, whether or not expressly authorized herein.

ATTACHMENT “A”

Election: May 7, 2016 May Uniform Election

Early Voting Period: Monday, April 25, 2016 through Tuesday, May 3, 2016

Early Voting Polling Places

Date	Early Voting Station	Time
Monday, April 25, 2016 through Friday, April 29, 2016	Bassett Place 6101 Gateway West 79925	9:00 a.m. – 6:00 p.m.
Saturday, April 30, 2016	Bassett Place 6101 Gateway West 79925	12:00 p.m. – 5:00 p.m.
Monday, May 2, 2016 through Tuesday, May 3, 2016	Bassett Place 6101 Gateway West 79925	9:00 a.m. – 6:00 p.m.

Date	Early Voting Station	Time
Monday, April 25, 2016 through Friday, April 29, 2016	El Paso County Courthouse 500 E. San Antonio Ave. 79901	8:00 a.m. – 5:00 p.m.
Saturday, April 30, 2016	El Paso County Courthouse 500 E. San Antonio Ave. 79901	12:00 p.m. – 5:00 p.m.
Monday, May 2, 2016 through Tuesday, May 3, 2016	El Paso County Courthouse 500 E. San Antonio Ave. 79901	7:00 a.m. – 7:00 p.m.

Date	Early Voting Station	Time
Monday, April 25, 2016 through Friday, April 29, 2016	Grandview Park Senior Citizen Center 3134 Jefferson Ave. 79930	8:00 a.m. – 5:00 p.m.
Saturday, April 30, 2016	Grandview Park Senior Citizen Center 3134 Jefferson Ave. 79930	12:00 p.m. – 5:00 p.m.
Monday, May 2, 2016 through Tuesday, May 3, 2016	Grandview Park Senior Citizen Center 3134 Jefferson Ave. 79930	8:00 a.m. – 5:00 p.m.

Mobile Voting Stations during Early Voting Period

Date	Mobile Voting Station	Time
Monday, April 25, 2016	Nations Tobin Sports Center 8831 Railroad Dr. 79904	8:00 a.m. – 5:00 p.m.
Tuesday, April 26, 2016	Acosta Sports Center 4321 Delta Dr. 79905	8:00 a.m. – 5:00 p.m.
Wednesday, April 27, 2016	Mountain View-Rae Gilmore Recreation Center 8501 Diana Dr. 79904	8:00 a.m. – 5:00 p.m.
Thursday, April 28, 2016	Memorial Park Senior Citizen Center 1800 Byron St. 79930	8:00 a.m. – 5:00 p.m.
Friday, April 29, 2016	Nations Tobin Sports Center 8831 Railroad Dr. 79904	8:00 a.m. – 5:00 p.m.
Saturday, April 30, 2016	Chapin High School 7000 Dyer St. 79904	12:00 p.m. – 5:00 p.m.
Monday, May 2, 2016	Memorial Park Senior Citizen Center 1800 Byron St. 79930	8:00 a.m. – 5:00 p.m.
Tuesday, May 3, 2016	Chapin High School 7000 Dyer St. 79904	8:00 a.m. – 5:00 p.m.

Saturday, May 7, 2016 Election Day Polling Places

Precinct	Polling Place		Time
61 & 185	Park Elementary School 3601 Edgar Park Ave. 79904		7:00 a.m. – 7:00 p.m.
62	Whitaker Elementary School 4700 Rutherford Dr. 79924		7:00 a.m. – 7:00 p.m.
63	Magoffin Middle School 4931 Hercules Ave. 79904		7:00 a.m. – 7:00 p.m.
64	Stanton Elementary School 5414 Hondo Pass Dr. 79924		7:00 a.m. – 7:00 p.m.
65	Logan Elementary School 3200 Ellerthorpe Ave.		7:00 a.m. – 7:00 p.m.
66	Burnet Elementary School 3700 Thomason Ave. 79904	7:00 a.m. – 7:00 p.m.
67	Travis Elementary School 5000 N. Stevens St. 79930	7:00 a.m. – 7:00 p.m.
68 & 187	Kathy White Housing Complex 2500 Mobile Ave. 79930	7:00 a.m. – 7:00 p.m.
69	Grandview Park Senior Citizen Center 3134 Jefferson Ave. 79930	7:00 a.m. – 7:00 p.m.
70	Paul C. Moreno Elementary School 2300 San Diego Ave. 79930	7:00 a.m. – 7:00 p.m.
71	Memorial Park Senior Citizen Center 1800 Byron St. 79930	7:00 a.m. – 7:00 p.m.
72 & 73	Austin High School 3500 Memphis Ave. 79930	7:00 a.m. – 7:00 p.m.
74	Fire Station #7 3200 Pershing Dr. 79903	7:00 a.m. – 7:00 p.m.
75	Cross of Grace Church 4700 Leeds Ave. 79903	7:00 a.m. – 7:00 p.m.
76 & 77 & 78	Chelsea Plaza Housing 600 Chelsea St. 79903	7:00 a.m. – 7:00 p.m.
87	Bonham Elementary School 7024 Cielo Vista Dr. 79925	7:00 a.m. – 7:00 p.m.
88	Ross Middle School 6101 Hughey Cir. 79925	7:00 a.m. – 7:00 p.m.
186 & 188	Fire Station #16 3828 Hercules Ave. 79904	7:00 a.m. – 7:00 p.m.

Ms. Elizabeth Ruhmann, Assistant City Attorney, gave legal advice.

Motion made by Representative Acosta, seconded by Representative Ordaz, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

....................................................................................................................

31.

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

..............................................................................................................................

31.1.

Motion made by Representative Acosta, seconded by Representative Robinson, and carried to APPROVE that the El Paso City Council approves the list of projects, referenced as the “City of El Paso Street Infrastructure Capital Plan” (“CIP”), as the established list of City of El Paso Street Infrastructure Capital Plan and authorizes the use of Certificates of Obligations as the source of funding for the CIP pursuant to the City’s Debt Management Policy; and that the City Manager be authorized, subject to annual budget requirements, to establish the funding sources for the Capital Plan enumerated in the “Capital Program” for Fiscal Year 2017 – Fiscal Year 2019 and make necessary budget transfers prior to the execution of the projects. Funding Source: Certificates of Obligation

AYES: Representatives Svarzbein, Acosta, Robinson and Limón

NAYS: Representatives Noe and Ordaz

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

Ms. Monica Lombrana, Director of Capital Improvement, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser and Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón commented.

The following City staff members commented:

Mr. Tommy Gonzalez, City Manager
Mr. Fred Lopez, Transportation Planning Manager

The following members of the public commented:

Ms. Lisa Turner
Mr. Armando Medina

..............................................................................................................................

31.2.

Annual Presentation to the City Council on progress by the Stormwater Utility and planned projects on the Stormwater Masterplan.

Mr. Alan Shubert, Vice President for El Paso Water Utilities, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representatives Svarzbein and Acosta commented.

NO ACTION taken on this item.

....................................................................................................................

32.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

..............................................................................................................................

32.1.

Presentation from Veterans Affairs Advisory Committee on recommendation to review proposal on transportation issues affecting Veterans in our community.

Mr. David Nevarez presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser and Representatives Acosta, Robinson, and Ordaz commented.

Mr. Jay Banasiak, Director of Mass Transit, commented.

The following members of the public commented:

Ms. Lisa Turner, citizen
Mr. Bill Sparks

NO ACTION taken on this item.

...................................................................................................................

EXECUTIVE SESSION

Motion made by Representative Limón, seconded by Representative Ordaz, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 5:28 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following:

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Romero

Section 551.071 CONSULTATION WITH ATTORNEY

Section 551.072 DELIBERATIONS 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

Motion made by Representative Robinson, seconded by Representative Limón, and unanimously carried to adjourn the Executive Session at 6:27 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Romero

EX1.

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

NO ACTION taken on this item.

EX2.

Margarita Cabrera; Claim Matter No. 15-1051-217 (551.071)

NO ACTION taken on this item.

EX3.

Personnel Matter: Sylvia Borunda Firth, City Attorney (551.074)

NO ACTION taken on this item.

EX4.

Motion made by Alternate Mayor Pro Tempore Robinson, seconded by Mayor Pro Tempore Noe, and carried that the CITY OF EL PASO retains the law firm of Denton, Navarro, Rocha & Bernal PC as outside counsel to defend the City’s interest and position, both affirmative and defensive in the lawsuit styled Daniel Villegas v. City of El Paso, et al, pending in the U.S. District Court Western District of Texas under Cause No. 3:15-CV-386; Matter No. 15-1026-6957. That the City Attorney is authorized to take any and all action necessary, both affirmative and defensive, as necessary, in connection with this lawsuit through outside counsel. This Motion is intended to grant broad authority to City Attorney to take action necessary to address these matters, including but not limited to, the initiation and response to, litigation, complaints and any other administrative or judicial proceedings or process, in consultation with the City Manager through outside counsel.

AYES: Representatives Svarzbein, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Romero

EX5.

City-owned properties within the Medical Center of the Americas District (551.071, 551.072, and 551.087)

NO ACTION taken on this item.

EX6.

*Motion made, seconded, and unanimously carried to DELETE the item regarding the update on the Economic Incentives for the Construction of a Hotel to be located in the City of El Paso. (551.087)

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Niland

...................................................................................................................

ADJOURN

Motion made by Representative Limón, seconded by Representative Robinson, and unanimously carried to ADJOURN this meeting at 6:30 p.m.

ABSENT: Representatives Romero and Niland

........................................................................................................................

APPROVED AS TO CONTENT:

____________________________

Richarda Duffy Momsen, City Clerk

NOTICE OF SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF EL PASO CITY HALL,300 N. CAMPBELL
COUNCIL CHAMBERS
March 15, 2016
9:00 AM

Notice is hereby given that a Special Meeting of the City Council of the City of El Paso will be conducted on March 15, 2016 at 9:00 AM in the Council Chambers, City Hall, 300 N. Campbell, El Paso, TX 79901.
	AGENDA

	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.	Personnel Matters – Tomas Gonzalez, City Manager (551.074)
		City Attorney’s Office, Sylvia Borunda Firth, (915) 212-0033
	ADJOURN

NOTICE TO THE PUBLIC:

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

Hearing Assistance Devices are available upon request.

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

http://www.elpasotexas.gov/