City Council

Oscar Leeser

Ann Morgan Lilly, District 1

Mayor

Larry Romero, District 2

Emma Acosta, District 3

Carl L. Robinson, District 4

Joyce Wilson

Michiel R. Noe, District 5

City Manager

Eddie Holguin Jr., District 6

Lily Limón, District 7

Cortney Carlisle Niland, District 8

March 11, 2014

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

March 10, 2014

9:00 AM

ROLL CALL

INVOCATION BY CIMA CHAPLAIN CARLOS CLUGY-SOTO

PLEDGE OF ALLEGIANCE

Luis Herrera

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

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

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

MAYOR’S PROCLAMATIONS

1.

Steven Lopez Day

2.

Intellectual and Developmental Disabilities Awareness Month

3.

El Paso Heritage Destination Week

NOTICE TO THE PUBLIC

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

CONSENT AGENDA

1.

APPROVAL OF MINUTES:

Approval of Minutes for the Regular City Council Meeting of March 4, 2014, the Legislative Review meeting of the Whole of March 3, 2014, and the Special City Council meeting of March 3, 2014.

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

(Attachment)

(Attachment)

(Attachment)

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.1.

Mayor Pro Tempore Cortney Carlisle Niland

3.

RESOLUTIONS:

3.1.

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 the installation of a Bluetooth System to measure the wait times at the Paso Del Norte Port of Entry, for a total project amount of $129,516.60 with the City contributing $24,918 towards the project.

District 8

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

(Attachment)

3.2.

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 the installation of a Bluetooth System to measure the wait times at the Stanton Street Port of Entry, for a total project amount of $129,516.60 with the City contributing $24,918 towards the project.

District 8

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

(Attachment)

3.3.

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 the reconstruction of intersections at Mesa & Resler, Viscount & Hawkins, Mesa & Sunland Park, Saul Kleinfeld & Montwood, Saul Kleinfeld & Pebble Hills, Viscount & Montwood, Airport & Founders, and Airport & Cassidy to include left turn lanes with modifications or additions to traffic control devices and pedestrian safety enhancements, for a total project amount of $1,617,450.00 with a contribution by the City of $135,960.00.

District 1, 2, 3, 5, 6 and 8

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

(Attachment)

3.4.

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 the dedication and segregation of one bridge lane to be converted into a permanent Ready Lane at the Paso Del Norte Port of Entry, for a total project amount of $107,803.00 with a contribution by the City of $9,125.38.

District 8

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

(Attachment)

3.5.

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 the design and construction of a roundabout at the Paso Del Norte Port of Entry, for a total project amount of $927,105.80 with a contribution by the City of $78,478.26.

District 8

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

(Attachment)

3.6.

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 the construction or reconstruction of railroad crossings in the Five Points and Medical Center of the Americas Quiet Zone areas, to include gates, approaches, signals, and pedestrian crossings, for a total project amount of $2,183,600.00 with a contribution by the City of $183,656.00.

District 2, 3 and 8

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

(Attachment)

3.7.

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 the reconfiguration of the Zaragoza Port of Entry passenger and ready lane to increase the number of lanes from 5 to 6, for a total project amount of $323,409.00 with a contribution by the City of $27,376.14.

District 6

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

(Attachment)

3.8.

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 the rehabilitation of the Kansas Street Bridge. The City is contributing $16,609.00 toward the $377,483.00 project.

District 8

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

(Attachment)

3.9.

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 the rehabilitation of the Santa Fe Street Bridge. The City is contributing $17,367.00 toward the $394,749.00 project.

District 8

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

(Attachment)

3.10.

A Resolution delegating to the City Engineer the authority to sign routine documents related to approved capital improvement projects, including real estate documents for acquisition of property interests necessary for completion of approved capital improvement projects, so long as the cost of acquisition does not exceed $50,000, construction easements, rights of entry, purchase orders and other items specified in the Resolution.

All Districts

Engineering & Construction Management, Leila Melendez, (915) 212-1823

(Attachment)

3.11.

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

All Districts

Environmental Services, Ellen A. Smyth, (915) 621-6719

(Attachment)

3.12.

That the City Manager be authorized to sign and submit HHSC Contract No. 529-11-0001-00024G, which is Amendment Seven to HHSC Contract No. 529-11-0001-00024, and other related documents for the Texas Health and Human Services Commission, raising the total contract amount to $882,455.34, to allow for the hiring of part-time staff who will work during peak call hours on weekdays to influence the number of rollover calls and increase service level percentages across the statewide 2-1-1 Texas system and to compensate the City for the resulting data reports that the City is required to submit to the Commission, with the amendment affecting the period from November 1, 2013 through August 31, 2014.

All Districts

Public Health, Robert Resendes, (915) 771-5749

(Attachment)

3.13.

That the City of El Paso hereby requests the sheriff of El Paso County to sell in accordance with Section 34.05 subsections (c) and (d) of the Texas Property Tax Code the parcels posted with this agenda. (See Attachment B).

Tax, David Childs, (915) 212-1736

(Attachment)

4.

APPLICATIONS FOR TAX REFUNDS:

4.1.

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

All Districts

Tax, David Childs, (915) 212-1736

(Attachment)

5.

REQUESTS TO ISSUE PURCHASE ORDERS:

5.1.

Request that the Director of the Purchasing & Strategic Sourcing Department, be authorized to issue a Purchase Order(s) to Austin Turf and Tractor for the purchase of miscellaneous field and grounds equipment for the El Paso Ballpark in the estimated award of $94,358.00.

Department:    Engineering & Construction Management

Award to:                     Austin Turf and Tractor

                                   Marble Falls, TX

Total Estimated Award:          $94,358.00

Funding Source:         El Paso Ballpark

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

District(s):                    8

Reference No.:           2014-263

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

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

District 8

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

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

(Attachment)

6.

BEST VALUE PROCUREMENTS:

6.1.

The award of Solicitation No. 2014-070 (Janitorial Services-Municipal Service Centers and Corrals) to Ace Government Services, LLC, and Jakinsky International, Inc. dba Freedom Janitorial Services for an initial term estimated amount of $327,176.55 and the option to extend amount of $218,117.70 for a total 5 year award of $545,294.25

Department:                                        General Services – Facilities Maintenance Division

Award to:                                               Vendor 1:      Ace Government Services, LLC

                                                            El Paso, TX

Item(s):                                                Line Items #1, 2, 3, 4A, 5, and 6

Initial Term:                                         3 Years

Option to Extend:                                2 Years

Payment Terms:                                 2% -10 Days

Annual Estimated Award:       $104,047.65

Initial Term Estimated Award:            $312,142.95(3 years)

Total Estimated Award:          $520,238.25 (5 years)

Award to:                                               Vendor 2:      Jakinsky International, Inc. dba Freedom Janitorial Services

                                                            El Paso, TX

Item(s):                                                Line Item #4B

Initial Term:                                         3 Years

Option to Extend:                                2 Years

Payment Terms:                                 3% -10 Days

                                                            2%- 20 Days  

Annual Estimated Award:       $5,011.20

Initial Term Estimated Award:            $15,033.60 (3 years)

Total Estimated Award:                               $25,056.00 (5 years)

Total Annual Estimated Award:          $109,058.85   (Vendors 1, and 2)

Total Initial Estimated Award: $327,176.55 (3 years) (Vendors 1, and 2)

Total Estimated Award:          $545,294.25 (5 years) (Vendors 1, and 2)

Account No.:                                       231 – 522060-1000-31040-P3120

Funding Source:                                 General Services Dept – General Fund – Maintenance Services Contracts -                                                                Janitorial

District(s):                                            All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing Department and General Services – Facilities Maintenance Division recommends award as indicated to Ace Government Services, LLC, and Jakinsky International, Inc. dba Freedom Janitorial Services the bidders offering the best value bids.

All Districts

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

General Services, Stuart C. Ed, (915) 621-6822

(Attachment)

7.

BIDS:

7.1.

The award of Solicitation No. 2014-072 (GMC/Chevrolet Light Duty Proprietary Parts and Service) to Mission Chevrolet LTD for an initial term estimated amount of $95,000.00.

Department:                               General Services – Fleet Division and Aviation

Vendor :                                                 Mission Chevrolet, Ltd

                                                            El Paso, Texas

Item(s):                                                All

Option to Extend:                                2 years

Estimated Annual Amount:     $95,000 ($75,000 General Services & $20,000

                                                                Aviation)

Initial Term Award Amount:    $285,000 (3 year Total)

Total Estimated Award:          $475,000.00 (5 Year Total)    

Account No.:                                       231-37020-531210-3600-P3711

                                                            231-37020-531250-3600-P3702

                                                            562-62220-531210-3000

Funding Source:                                 General Services Dept. – Supply Fund - Admin. Fleet Services

                                                            Aviation – Warehouse Inventory

District(s):                                            All

This is a Best Value, unit price contract.

GVMI Inc. bid a remanufactured automatic transmission and the City specifications requires that items furnished shall be new and unused or the latest model in production and it is recommended that they be deemed non-responsive.   

The Purchasing & Strategic Sourcing, General Services – Fleet Division and Aviation recommends that the contract be awarded to Mission Chevrolet, LTD., the vendor offering the best value bid.

All Districts

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

Stuart C. Ed, Director of General Services, (915) 621-6822

(Attachment)

REGULAR AGENDA - INTRODUCTIONS

8.

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

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

8.1.

An Ordinance granting a non-exclusive franchise to “EP Elite Trash Valet, LLC”, to operate and maintain a solid waste collection and hauler service within the City of El Paso subject to the terms and conditions described in the ordinance; the penalty as provided in Section 9.04.630 of the El Paso City Code.

All Districts

Environmental Services, Ellen A. Smyth, (915) 621-6719

PUBLIC HEARING WILL BE HELD ON March 18, 2014

8.2.

An Ordinance granting to Paul Berube a non-exclusive franchise for litter receptacles on sidewalks and other City property.

All Districts

Environmental Services, Ellen A. Smyth, (915) 621-6719

PUBLIC HEARING WILL BE HELD ON March 18, 2014

8.3.

An Ordinance changing the zoning of the South 24 feet of Lot 13, and all of Lots 14, 15, and 16, Block 163, Alexander Addition, 2208 N. Oregon, City of El Paso, El Paso County, Texas from SD (Special District) to G-MU (General Mixed Use) and approving a Master Zoning Plan. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 2208 N. Oregon. Property Owner: Margaret Pon. PZRZ13-00041

District 1

City Development, Michael McElroy, (915) 212-1613

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 1, 2014

8.4.

An Ordinance amending Title 20 (Zoning), Chapter 20.18 (Sign Regulations), Article IV (On Premises Sign Regulations), Section 20.18.410 (R-F, R-1, R-2, R-2A, R-3, R-3A, R-4, R-5, RMH, AND PMD DISTRICTS), Subsection C (School and Church Monument Signs). The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

All Districts

City Development, Carlos Gallinar, (915) 212-1559

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 1, 2014

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

9.

PURCHASING AND STRATEGIC SOURCING:

9.1.

Discussion and action on the award of Solicitation No. 2014-103 (Grounds Maintenance for El Paso City Parks - Mowing) to Abescape Landscaping & Irrigation, LLC and Three C’s Contractors, Inc., for an initial term estimated amount of $1,447,794.72 and the option to extend amount of $965,196.48 for a total 5 year award of $2,412,991.20.

Department:    General Services – Land Management Division  

Award to:             Vendor 1:    Abescape Landscaping & Irrigation, LLC

            El Paso, TX

Item(s):            Central Group VI

            Eastside Group I, II, III, V, VI, VII, VIII

            Mission Valley Group I, II, III, IV, V, VI

            Northeast Group II, III, IV, V

            Natural Linear Park Group - Rio Grande River Trail

Initial Term:     3 Years

Option to Extend:        2 Years

Payment Terms:         2% -10 Days

Annual Estimated Award:       $268,380.00

Initial Term Estimated Award:            $805,140.00 (3 years)

Total Estimated Award:          $1,341,900.00 (5 years)

Award to:             Vendor 2:    Three C’s Contractors, Inc. 

            El Paso, TX

Item(s):            Central Group I, II, III, IV, V

            Eastside Group IV

            Northeast Group I, VI, VII, VIII

            Westside Group I, II, III, IV     

Initial Term:     3 Years

Option to Extend:        2 Years

Payment Terms:         2% -10 Days

Annual Estimated Award:       $214,218.24

Initial Term Estimated Award:            $642,654.72 (3 years)

Total Estimated Award:          $1,071,091.20 (5 years)

Total Annual Estimated Award:          $482,598.24 (Vendor 1 and Vendor 2)

Total Initial Estimated Award: $1,447,794.72 (3 years) (Vendor 1 and Vendor 2)

Total Estimated Award:          $2,412,991.20 (5 years) (Vendor 1 and Vendor 2)

Account No.:   231–522210-1000-31120-P3110

Funding Source:         General Services Dept – General Fund – Ground Keeping Horti Contracts

District(s):        All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing Department and General Services – Land Management Division recommends award as indicated to Abescape Landscaping & Irrigation, LLC and Three C’s Contractors, Inc.,  the bidders offering the best value bids.

All Districts

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

General Services, Stuart C. Ed, (915) 621-6822

(Attachment)

9.2.

Discussion and action on the award of Solicitation No. 2014-082 – Nitrile Exam Gloves to West Texas Medical Specialties, Inc., for a total estimated award of $392,370.

Department:                                        Fire Department                     

Award to:                                             West Texas Medical Specialties, Inc.

                                                1320 Texas Ave., El Paso, TX 79901

Item(s):                                                All

Initial Term:                                         3 years

Option to Extend:                                None

Payment Terms:                                 NET – 30 days

Annual Estimated Award:       $130,790

Total Estimated Award:          $392,370 (3 years)

Account No.:                                       322-22090-1000-531120

Funding Source:                                 General Fund – Medical Supplies

District(s):                                            All

This is a Low Bid, unit price contract.

The Purchasing & Strategic Sourcing Department and Fire Department recommend award as indicated to West Texas Medical Specialties, the lowest, responsive and responsible bidder.

Recommend that the following bidders be deemed non-responsive:

Product did not meet specifications

-           A. Daigger & Company Inc.

-           BFI Products

-           Bound Tree Medical LLC

-           International Laundry Services, Inc.

-           Moore Medical LLC

-           PH&S Products LLC

-           PH&S Products LLC Alternate #1

-           Riverside Home Medical

-           Safety Supply

-           Trumed LLC

Incomplete Bid

-           American Screening Corporation

-           Nova Safety Products, Inc.

Incorrect bid amount

-           Bound Tree Medical LLC Alternate #1

All Districts

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

Fire, Samuel Pena, (915) 485-5610

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

10.

PURCHASING AND STRATEGIC SOURCING:

10.1.

Discussion and action that the City Manager be authorized to sign a contract between the City of El Paso (“City”) and Texas Tech University Health Sciences Center at El Paso (“University”) for medical control services to the City’s EMS System Di(“EMSS”), for a three (3) year term from the effective date and one (1) option to extend for two (2) years under the same terms, for a cost of $120,000 for year 1, $123,000 for year 2, $126,000 for year 3 and a 3% increase for the option years.  The initial term estimated award is $355,450.00 and the estimated award for the option years is $255,095.00.

All Districts

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

Fire, Samuel Pena, (915) 485-5610

(Attachment)

11.

MAYOR AND COUNCIL:

11.1.

Discussion and action on halting all expenditures for new bike lane installations including, but not limited to, striping, signage and lane markers.

Representative Michiel R. Noe, (915) 212-0005

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.

TVP Non-Profit Corporation CHDO HOME Program loan for affordable housing in the Lower Dyer Neighborhood Revitalization Strategy Area (551.071)

City Attorney’s Office, Brie L. Franco, (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/