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

April 8, 2014

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

April 7, 2014

9:00 AM

ROLL CALL

INVOCATION BY POLICE CHAPLAIN CARLOS FLORES

PLEDGE OF ALLEGIANCE

Edgemere Elementary School

Africa Anchondo

Aidan Portillo Chavez

Eduardo Luna, Jr.

Gabrielle Gamboa

Austin Tellez

Kayla Zillion

Julian Garcia

Brianna Caribe Luna

Dylan Moody

Yu-Chen Lin

Alvaro Gonzalez

Amanda Velasquez

Javier Loya

Gabriela Viera

Victoria O’Hara

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.

Child Abuse Prevention Month – Go Blue Day

2.

Month of the Military Child

3.

Fair Housing Month

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 April 1, 2014, and the Legislative Review Meeting of the Whole of March 31, 2014.

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

(Attachment)

(Attachment)

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.1.

Mayor Oscar Leeser

3.

RESOLUTIONS:

3.1.

That the City Manager be authorized to sign a Non-Federal Preliminary Design Reimbursable Agreement (AJW-FN-CSA-14-2132) between the City of El Paso and the Federal Aviation Administration (“FAA”) whereby the FAA will provide services necessary for the modification or relocation of FAA conduit or cables as part of the Reconstruction of Runway 08L-26R Project at the El Paso International Airport.

All Districts

Airport, Monica Lombrana, (915) 780-4793

(Attachment)

3.2.

That the City Manager be authorized to enter into an Operating and Maintenance Agreement by and between the City of El Paso and the Greater El Paso Chamber of Commerce Foundation for The Star on the Mountain from May 1, 2014 to April 30, 2019 for the program services in an amount not to exceed $12,000 a year.  Operating and Maintenance costs will be reimbursed in an amount not to exceed $50,000 per year.

All Districts

City Manager’s Office, Carmen Arrieta-Candelaria, (915) 212-1064

(Attachment)

3.3.

That the City Council approves the expenditure of additional available funding in the amount of Two Hundred Eighty Nine Thousand Two Hundred Seventy Three and 48/100 Dollars ($289,273.48) to Urban Associates, Inc. for additional construction costs for the Sun Metro Operations and Maintenance Facility, Solicitation No 2012-074.  The change order provides for the architectural features, rough carpentry, sidewalks and fire suppression systems for the previously approved 6,000 square foot addition to the project, thereby adding 126 days to the contract time.  The new contract sum, including this change order is Twenty Nine Million Eight Hundred Fifty Seven Thousand Four Hundred Forty Two and 08/100 ($29,857,442.08).

District 3

Engineering and Construction Management, Irene D. Ramirez, 212-1831

Sun Metro, Jay Banasiak, 534-5810

(Attachment)

3.4.

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

Districts 2, 3, 4, 5, 6, 7, and 8

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

(Attachment)

3.5.

A Resolution that the City of El Paso accepts with gratitude, for the benefit of the El Paso Public Library, the bequest from the estate of Betty Marcus-Randle, as authorized by the Statutory Probate Court #2 in the case entitled in re: the Estate of Betty Marcus-Randle, a/k/a Betty E. Marcus Randle, a/k/a Betty E. Marcus-Randle, deceased, cause number 2011-00813PA, the partial distribution of $190,000.00 and any additional funds that the City is entitled to as part of the bequest, which will be used for the purchase of library materials.

The City Council also authorizes the City Manager to sign any necessary documentation and make any budget transfers necessary to appropriate this bequest.

All Districts

Library, Dionne Mack, (915) 543-5413

(Attachment)

4.

BOARD RE-APPOINTMENTS:

4.1.

Terry M. Breaux to the Fair Housing Task Force by Representative Michiel R. Noe, District 5.

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

(Attachment)

5.

APPLICATIONS FOR TAX REFUNDS:

5.1.

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)

6.

REQUESTS TO ISSUE PURCHASE ORDERS:

6.1.

Request that the Purchasing Director for Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order(s) to Zonar Systems, Inc., a contractor under PEPPM Technology Purchasing Program for purchase of Vehicle Tracking Units & Services.  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 PEPPM National Contract Program was approved by Mayor and City Council on June 25, 2013.

Department:        Environmental Services Department

Award to:             Zonar Systems, Inc.

                                       Seattle, Washington                        

Total Estimated Award:   $83,625.00

Account No.:      334-3100-533020-34030-P3430-P3432-P3434-P3438-P3440; 34060-  

                                              P3401;

                                      34080-P3480-P3482-P3484-P3486; 34100-P3410-P3412; 34130-         

                                             P3470  334-3110-533020-34030-P3436

Funding Source:           Data Processing Equipment

District(s):          All

Reference No.:             2014-295

This is a Cooperative contract.

All Districts

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

Environmental Services, Ellen Smyth, (915) 621-6703

(Attachment)

7.

BEST VALUE PROCUREMENTS:

7.1.

Request rejection of all bids received for Solicitation No. 2014-100 (Marked SUV’s – Police Department) as recommended by the Purchasing & Strategic Sourcing Department and the General Services – Fleet Division, due to not meeting City’s specified delivery time.

All Districts

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1189

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

(Attachment)

7.2.

Request rejection of all bids received for Solicitation No. 2014-099 (Marked Vehicles – Police Department) as recommended by the Purchasing & Strategic Sourcing Department and the General Services – Fleet Division, due to not meeting City’s specified delivery time.

All Districts

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

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

(Attachment)

8.

BIDS:

8.1.

The award of Solicitation No. 2014-232 for Pollard Park Improvements Phase II to HM Ventura Corporation, for an estimated total amount of $342,896.00.

Department:    Engineering and Construction Management

Award to:         HM Ventura Corporation

Base Bid:         $342,896.00

Total Estimated Award:          $342,896.00

Time for Completion:  120      Consecutive Calendar Days

Accounts:        471-71240-580270-2400- G7139CD27

Funding Source:         Community Development Block Grant-39th Year    

District:            2

It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award.

As a part of this award, upon the review of the City Attorney, the City Engineer 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.

This is a low bid, lump sum contract.  The Engineering & Construction Management Department recommends award as indicated to the lowest responsive and responsible bidder.

District 2

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

(Attachment)

8.2.

The award of Solicitation No. 2014-231 for El Barrio Park Improvements to HM Ventura Corporation, for an estimated total amount of $160,649.00.

Department:       Engineering and Construction Management

Award to:                                 HM Ventura Corporation

Base Bid :          $  45,192.00

Option I:                                 $115,457.00

Total Estimated Award:            $160,649.00

Time for Completion:    120 Consecutive Calendar Days

Accounts:                               471-71240-580270-2400-G7139CD8

Funding Source:           Community Development Block Grant-39th Year

District:                                    8

It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award.

As a part of this award, upon the review of the City Attorney, the City Engineer 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.

This is a low bid, lump sum contract.  The Engineering & Construction Management Department recommends award as indicated to the lowest responsive and responsible bidder.

District 8

Engineering and Construction Management, Irene D. Ramirez, (915) 212-1831

(Attachment)

8.3.

The award of Solicitation No. 2014-241 for Chamizal Community Garden to Prime Irrigation & Landscape, Inc., for an estimated total amount of $67,107.83.

Department:    Engineering & Construction Management

Award to:         Prime Irrigation & Landscape, Inc.

Base Bid:         $67,107.83

Total Estimated Award:          $67,107.83

Time for Completion:  90        Consecutive Calendar Days

Accounts:        471-71240-580270-2400-G7139CD41

Funding Source:         Community Development Block Grant-39th Year    

District:            8

It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award.

As a part of this award, upon the review of the City Attorney, the City Engineer 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.

This is a low bid, lump sum contract.  The Engineering & Construction Management Department recommends award as indicated to the lowest responsive and responsible bidder.

District 8

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

(Attachment)

8.4.

Request rejection of all bids received for Solicitation No. 2014-096 Medical Supplies, as recommended by Purchasing & Strategic Sourcing Division, El Paso Fire Department and City Attorney’s office, sample pricing could not be verified against the price list submitted by bidders.

Department: Fire

District(s): ALL

All Districts

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

Fire, Samuel Pena, (915) 485-5610

(Attachment)

8.5.

Request rejection of all bids received for Solicitation No. 2014-187, (Laboratory Supplies-Health) as recommended by the Purchasing & Strategic Sourcing Department and the Health Department, due to all bids being non-responsive.

Incomplete Bid

Fisher Scientific Company, LLC

Incorrect Bid Amount

MRI Enterprises, LLC (aka: The MRI Co.)

Department:  Health

Districts(s):   All

All Districts

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1189

Zoo, Steve Marshall, (915) 521-1850

(Attachment)

REGULAR AGENDA - INTRODUCTIONS

9.

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.

9.1.

An Ordinance granting a Special Privilege License to the El Paso Downtown Management District for the installation, maintenance, use, and repair of a custom bike rack within a portion of city right-of-way at 400 West San Antonio Avenue.

District 8

City Development, Shamori Whitt, (915) 212-1586

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 15, 2014

9.2.

An Ordinance amending Ordinance No. 012985 which vacated, for vehicular traffic, a portion of San Francisco Avenue and El Paso Street abutting portions of Block 16, Mills Addition, and Block 17 Herald Addition, City of El Paso, El Paso County, Texas to reopen a portion of San Francisco Avenue to allow vehicular traffic.

District 8

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 15, 2014

9.3.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.041 (Schedule IVA - Parking Prohibited During Certain Hours - School Days Only) to add Knorr Place, the penalty being as provided in Section 12.84.010 and Chapter 12.85 of the El Paso City Code.

District 1

Department of Transportation, Ted Marquez, (915) 621-6757

(Attachment)

ITEM 9.4 – RELATED TO THE BALLPARK PROJECT

PUBLIC HEARING WILL BE HELD ON APRIL 15, 2014

9.4.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.44 (Stopping, Standing and Parking Generally), Section 12.44.180 (Regulations Pertaining To Certain Special Situations) of the El Paso City Code, to create and establish the regulations for a new parking zone in the vicinity of the El Paso Ballpark: the penalty being as provided in Chapter Section 12.84.010A (Violation-Penalty) of the El Paso City Code.

District 8

Department of Transportation, Ted Marquez, (915) 621-6757

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 15, 2014

9.5.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.200 (Schedule XVII - Restrictions On Parking In Residential Districts), of the El Paso City Code, to create a new zone for the Sunset Heights Neighborhood, the penalty being as provided in Section 12.84.010 and Chapter 12.85 ofthe El Paso City Code.

District 8

Department of Transportation, Ted Marquez, (915) 621-6757

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 15, 2014

9.6.

An Ordinance amending Title 3 (Revenue and Finance) of the El Paso City Code by adding Chapter 3.45 (Hire El Paso First - Local Bid Preference) in order to set forth the guidelines for granting a local preference in city procurements.

All Districts

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 15, 2014

9.7.

An Ordinance releasing all conditions placed on property by Ordinance No. 7544 which changed the zoning of a portion of A.F. Miller Survey no. 214 N/K/A Tract 35, A.F. Miller Survey No. 214, 111 Rio Flor Place, 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: 111 Rio Flor Place. Property Owner: Maria Ovalle. PZCR14-00001

District 8

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 29, 2014

9.8.

An Ordinance changing the zoning of Tracts 15, 15A, 15B and 16D, Block 52, Ysleta Grant, 1139, 1149, and 1175 Southside Road, City of El Paso, El Paso County, Texas from R-F (Ranch-Farm) to C-4 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 1139, 1149, and 1175 Southside Road. Property Owner: Karina Ruiz Sanchez, Guadalupe Daniel Ruiz, & Daniel Ruiz. PZRZ14-00002

District 6

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 29, 2014

9.9.

An Ordinance changing the zoning of a portion of Lot 1, Pendale Industrial Unit A Replat, 8600 Gateway East Boulevard, City of El Paso, El Paso County, Texas from P-I (Planned Industrial) to C-4 (Commercial), and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Applicant: Calvin K. Kessler and Geraldine Kessler, Location: 8600 Gateway East Boulevard, PZRZ14-00011

District 7

City Development, Arturo Rubio, (915) 212-1613

(Attachment)

PUBLIC HEARING WILL BE HELD ON APRIL 29, 2014

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

10.

ENGINEERING AND CONSTRUCTION MANAGEMENT:

10.1.

Discussion and action to award Solicitation No. 2014-125 for Traffic Management Center Relocation Re-Bid to Tri-State Electric, LTD, for an estimated total amount of $1,318,438.68.

Department:    Engineering & Construction Management

Award to:         Tri-State Electric, LTD

Base Bid:         $1,224,881.79

Option 1:         $43,253.65

Option 2::        $50.303.24

Total Estimated Award:          $1,318,438.68

Time for Completion:  180      Consecutive Calendar Days

Accounts:        190-99998-580270-4730-PCP13CTYHALL2

Funding Source:         Various Reprogram Certificates of Obligation

District:            7

It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award.

As a part of this award, upon the review of the City Attorney, the City Engineer 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.

This is a Competitive Sealed Proposal, lump sum contract.  The Engineering & Construction Management Department recommends award as indicated to the lowest responsive and responsible bidder.

District 7

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

(Attachment)

11.

PURCHASING AND STRATEGIC SOURCING:

11.1.

Discussion and action on the award of Solicitation No. 2014-174 (Towing of Motor Vehicles – City Owned) to AD Wrecker Service, Inc. for an initial three (3) year term estimated amount of $450,000. The award is to include a two (2) year option amount of $300,000 for a total five (5) year award of $750,000.

Department:                                        General Services – Fleet Division

Award to:                                             AD Wrecker Service, Inc.

                                                           El Paso, TX

Item(s):                                                All

Initial Term:                                         3 years

Option to Extend:                                2 years

Annual Estimated Award:       $150,000.00

Initial Term Estimated Award:            $450,000.00 (3 years)

Total Estimated Award:                               $750,000.00 (5 years)

Account No.:                                       231-37020-531250-3600-P3701

Funding Source:                                 Materials and Supplies and Equipment Outside Repair Services

District(s):                                            All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing Department and General Services – Fleet Division recommends award as indicated to AD Wrecker Service, Inc., the bidder offering the best value bid.

All Districts

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

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

(Attachment)

11.2.

Discussion and action on the request that the Purchasing Director of the Purchasing and Strategic Sourcing Department be authorized to exercise the City’s option to extend current Contract 2011-077R Non-Emergency Ambulance Transportation Services with Elite Medical Transport of Texas, LLC for two (2) additional years pursuant to the provisions of an award approved by the City Council on June 7, 2011. The extended contract period will be from June 15, 2014 to June 14, 2016.

Department:    El Paso Fire Department

Award to:                     Elite Medical Transport of Texas, LLC

                                    El Paso, TX

Item(s):                        All

Option:                       2 Years

Account No.:   999-99999-1000-431200

Funding Source:         Ambulance Service Revenue

District(s):                    All

This is a Revenue Generating contract.

All Districts

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

Fire, Samuel Pena, (915) 485-5610

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

12.

PUBLIC HEALTH:

12.1.

Discussion and action requesting that the City Council approve of the City’s participation in the mass preventive medication Closed Point of Dispensing (POD) program.

All Districts

Public Health, Robert Resendes, (915) 771-5794

(Attachment)

13.

MAYOR AND COUNCIL:

13.1.

Discussion and action that the City Council accept the recommendation of Representative Ann Morgan Lilly to name Loop 375 Transmountain West Hike and Bike Trail, on the north side, from Resler to Paseo del Norte, the Elizabeth F. Hernandez Memorial Hike and Bike Trail and authorize the City Manager to forward this resolution to the Texas Department of Transportation for approval of the name and execute any necessary documents to effectuate the adoption of the name and make any budget transfers necessary to carry out the intent of this resolution.

Representative Ann Morgan Lilly, (915) 212-1002

(Attachment)

EXECUTIVE SESSION

The City Council of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following: (The items listed below are matters of the sort routinely discussed in Executive Session, but the City Council of the City of El Paso may move to Executive Session any of the items on this agenda, consistent with the terms of the Open Meetings Act and the Rules of City Council.) The City Council will return to open session to take any final action and may also, at any time during the meeting, bring forward any of the following items for public discussion, as appropriate.

Section 551.071            CONSULTATION WITH ATTORNEY

Section 551.072            DELIBERATION REGARDING REAL PROPERTY

Section 551.073            DELIBERATION REGARDING PROSPECTIVE GIFTS

Section 551.074            PERSONNEL MATTERS

Section 551.076            DELIBERATION REGARDING SECURITY DEVICES

Section 551.087            DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS

EX1.

EP Hotel Partners, LP et. al. vs. City of El Paso, et. al., Cause No. 2014DCV0727 (551.071)

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

EX2.

Police Collective Bargaining (551.071)

City Attorney’s Office, Sylvia 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/