		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

May 3, 2016

COUNCIL CHAMBERS, CITY HALL

8:00 AM

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ROLL CALL

The City Council met in regular session at the above place and date. Meeting was called to order at 8:06 a.m. Mayor Oscar Leeser present and presiding and the following Council Members answered roll call: Emma Acosta, Michiel Noe, Claudia Ordaz, and Lilia Limón. Late arrivals: Cortney Niland at 8:13 a.m., and Carl L. Robinson at 8:33 a.m. Unexcused absence: Larry Romero. Peter Svarzbein requested to be excused. The invocation was given by Rabbi Levi Greenberg, followed by the Pledge of Allegiance to the Flag of the United States of America

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INVOCATION BY RABBI LEVI GREENBERG

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PLEDGE OF ALLEGIANCE

Jackson A. Heins

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NOTICE TO THE PUBLIC

Motion made by Mayor Pro Tempore Noe, seconded by Representative Ordaz, 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 Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

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CONSENT AGENDA - APPROVAL OF MINUTES:

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

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1.1.

*Motion made, seconded, and unanimously carried to APPROVE Minutes for the Regular City Council Meeting of April 19, 2016, the Legislative Review Meeting of the Whole of April 18, 2016, and the Special City Council Meetings of April 11, 2016.

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

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REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

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2.1.

1^ST MOTION

Motion made, seconded, and carried to EXCUSE Representative Peter Svarzbein from the May 3, 2016 City Council Meeting.

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

2^ND MOTION

Motion made by Representative Ordaz, seconded by Representative Niland, and unanimously carried to RECONSIDER the item.

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

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

3^RD AND FINAL MOTION

Motion made by Representative Ordaz, seconded by Representative Niland, and carried to EXCUSE Representative Peter Svarzbein and NOT EXCUSE Representative Romero from the May 3, 2016 City Council Meeting.

AYES: Representatives Noe, Ordaz, Limón and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Acosta and Robinson

ABSENT: Representative Svarzbein

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ACTION ON THE FOLLOWING RESOLUTIONS:

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CONSENT AGENDA - RESOLUTIONS:

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

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3.1.

*R E S O L U T I O N

WHEREAS, effective as of May 1, 2015, the City of El Paso entered into those certain Vehicle Rental Concessions Agreements (the “Concession Agreements”) with Avis Rent A Car System, LLC nka Avis Budget Car Rental, LLC; The Hertz Corporation; EAN Holdings, LLC d/b/a Enterprise Rent-A-Car; EAN Holdings, LLC d/b/a National Car Rental and d/b/a Alamo Rent A Car; DTG Operations, Inc. d/b/a Dollar Rent A Car and d/b/a Thrifty Car Rental; Budget Rent A Car of El Paso, Inc.; and Advantage Opco, LLC (the “Concessionaires”); and

WHEREAS, the Concession Agreements set out, among other items, certain costs and expenses which the City may pay for with Customer Facility Charge monies; and

WHEREAS, the City and the Concessionaires desire to expand the list of costs and expenses which the City may pay for with Customer Facility Charge monies and wish to amend the Concession Agreements to memorialize said costs and expenses.

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 Concession Agreement with each Concessionaire, revising the list of costs and expenses which the City may pay for with Customer Facility Charge monies, as set forth therein.

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3.2.

*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 sign a Retail Lease Agreement by and between the CITY OF EL PASO as Landlord and GECU as Tenant, for the premises consisting of approximately 1,834 square feet of the commercial retail space located at 218 North Campbell Street, Suite 106, El Paso, Texas.

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3.3.

*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 First Amendment to Chapter 380 Economic Development Program Agreement (Sales Tax Rebate) by and between the CITY OF EL PASO, TEXAS, a Texas home rule municipal corporation, and GELTMORE ALDEA, LLC, a New Mexico Limited Liability Company, doing business in the State of Texas, amending the Chapter 380 Economic Development Program Agreement (Sales Tax Rebate) dated December 18, 2014 to extend the proposed deadlines set forth in the Chapter 380 Economic Development Program Agreement (Sales Tax Rebate), as amended.

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3.4.

*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 Fourth Amendment to Chapter 380 Economic Development Program Agreement by and between the CITY OF EL PASO, TEXAS, a Texas home rule municipal corporation, and GELTMORE ALDEA, LLC, a New Mexico Limited Liability Company, doing business in the State of Texas, amending the Chapter 380 Economic Development Program Agreement dated May 17, 2011 to extend the proposed deadlines, clarify the location of the proposed development, and express the City’s support of Geltmore Aldea’s traffic management systems, set forth in the Chapter 380 Economic Development Program Agreement, as amended.

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Goal 3: Promote the Visual Image of El Paso

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4.1.

*R E S O L U T I O N

A RESOLUTION APPROVING A DETAILED SITE DEVELOPMENT PLAN PZDS16- 00005 FOR A PORTION OF TRACT 2 AND 3, BLOCK 6, CHRISTY TRACT IN BLOCK 31, YSELTA GRANT CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.04.150. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE

WHEREAS, on June 24, 1986, City Council rezoned the property described as a portion of Tract 2 and 3, Block 6, Christy Tract in Block 31, Yselta Grant, City of El Paso, El Paso County, Texas, from R-F (Ranch-Farm) to C-1/sc (Commercial/special contract) and as part of the rezoning imposed a condition that a detailed site development plan be submitted for review and approval by the City Plan Commission and City Council prior to issuance of a building permit; and,

WHEREAS, the property owner, MARFAM Enterprises, LTD (the "Owner") is ready to proceed with development and has submitted a detailed site development plan for review; and,

WHEREAS, the detailed site development plan is subject to the development standards in the C-1/sc (Commercial/special contract) District regulations and subject to the approved Detailed Site Development Plan signed by the Applicant, the City Manager and the Executive Secretary to the City Plan Commission; and,

WHEREAS, a report was made by the staff to the City Plan Commission and a public hearing was held regarding such application; and,

WHEREAS, the City Plan Commission has approved and herein recommends Council approval of the subject detailed site development plan; and

WHEREAS, the City Council finds that the detailed site development plan meets all applicable requirements of the El Paso City Code.

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

1. Pursuant to requirements imposed on the property described as a portion of Tract 2, and 3, Block 6, Christy Tract in Block 31, Yselta Grant, City of El Paso, El Paso County, Texas, and as more particularly described by metes and bounds on the attached Exhibit “A”, incorporated by reference; the City Council hereby approves the detailed site development plan. The detailed site development plan is subject to the development standards in the C-1/sc (Commercial/special contract) District:

2. A copy of the approved detailed site development plan, signed by the Applicant, the City Manager and the Secretary of the City Plan Commission, is attached hereto, as Exhibit "B" and incorporated herein by reference.

3. All construction and development on the property shall be done in accordance with the approved detailed site development plan and the development standards applicable in the C-1/sc (Commercial/special contract) District regulations.

4. The Applicant shall sign an agreement to develop the property and to perform all construction thereon in accordance with the approved detailed site development plan and the standards applicable in the C-1/sc (Commercial/special contract) District. Such agreement shall be signed and filed with the Zoning Administrator and the Executive Secretary of the City Plan Commission before building permits are issued.

5. This approval shall be void if construction on the property is not started in accordance with the approved detailed site development plan within four (4) years from the date hereof.

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4.2.

*Motion made, seconded, and unanimously carried to APPROVE City Council to grant an exception to the distance requirements for a Disabled Group Dwelling located within 1,000 feet of another licensed Disabled Group Dwelling or licensed Group Residential Facility requested from Raymond E. and Evelyn A. Spencer for the property located at 10557 Janway, El Paso, Texas 79925 and legally described as Lot 7, Block X, Eastridge Unit 5, City of El Paso, El Paso County, Texas. (District 7)

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

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4.3.

*R E S O L U T I O N

A RESOLUTION APPROVING A DETAILED SITE DEVELOPMENT PLAN PZDS16- 00004 FOR LOT 1, BLOCK 367, VISTA DEL SOL UNIT EIGHTY, 11409 CEDAR OAK DRIVE, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.04.150. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE

WHEREAS, on October 10, 2000, City Council rezoned the property described as Lot 1, Block 367, VISTA DEL SOL UNIT EIGHTY, 11409 Cedar Oak Drive, City of El Paso, El Paso County, Texas, from P-I (Planned Industrial) to C-4/c (Commercial/condition) and as part of the rezoning imposed a condition that a detailed site development plan be submitted for review and approval by the City Plan Commission and City Council prior to issuance of a building permit; and,

WHEREAS, the property owner, AMPTX Properties, LLC (the "Owner") is ready to proceed with development and has submitted a detailed site development plan for review; and,

WHEREAS, the detailed site development plan is subject to the development standards in the C-4/c (Commercial/conditions) District regulations and subject to the approved Detailed Site Development Plan signed by the Applicant, the City Manager and the Executive Secretary to the City Plan Commission; and,

WHEREAS, a report was made by the staff to the City Plan Commission and a public hearing was held regarding such application; and,

WHEREAS, the City Plan Commission has approved and herein recommends Council approval of the subject detailed site development plan; and

WHEREAS, the City Council finds that the detailed site development plan meets

all applicable requirements of the El Paso City Code;

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

1. Pursuant to requirements imposed on the property described as Lot 1, Block 367, VISTA DEL SOL UNIT EIGHTY, 11409 Cedar Oak Drive, City of El Paso, El Paso County, Texas, the City Council hereby approves the detailed site development plan. The detailed site development plan is subject to the development standards in the C-4/c (Commercial/condition) District.

2. A copy of the approved detailed site development plan, signed by the Applicant, the City Manager and the Secretary of the City Plan Commission, is attached hereto, as Exhibit "A" and incorporated herein by reference.

4. The Applicant shall sign an agreement to develop the property and to perform all construction thereon in accordance with the approved detailed site development plan and the standards applicable in the C-4/c (Commercial/condition) District. Such agreement shall be signed and filed with the Zoning Administrator and the Executive Secretary of the City Plan Commission before building permits are issued.

5. This approval shall be void if construction on the property is not started in accordance with the approved detailed site development plan within four (4) years from the date hereof.

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

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5.1.

*R E S O L U T I O N

WHEREAS, Holguin Productions, LLC (hereinafter referred to as “Grantee”) has submitted an application for a Special Event Permit as per Chapter 13.38 (Special Events) of the El Paso City Code, for the use and closure of rights-of-way within the City of El Paso’s (hereinafter referred to as “the City”) for the Mariachi Loco Music Festival from 1:00 p.m. on Friday, May 6, 2016 to 6:00 a.m. on Monday, May 9, 2016 (hereinafter referred to as the “Event”); and

WHEREAS, The Event will utilize both City and State rights-of-way: and

WHEREAS, The City of El Paso (hereinafter referred to as the “City”) has found the Event serves a public purpose; and

WHEREAS, The State of Texas (hereinafter referred to as the “State”) owns and operates a system of highways for public use and benefit, including North Mesa Street (SH 20) within El Paso, Texas; and

WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of portions of the State Highway System for periods of time exceeding four hours; and

WHEREAS, the State in recognition of the public purpose for the Event, provides a means of cooperating with the City for the temporary closure of State right-of-way, provided the closure is in accordance with the requirements of 43 TAC, Section 22.12 and the City enters into an Agreement for the Temporary Closure of State Right-of-Way for the Event (Form TEA 30A).

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

That the closure of rights-of-way within the City of El Paso for the Mariachi Music Festival from 1:00 p.m. Friday, May 6, 2016 to 6:00 a.m. on Monday, May 9, 2016 serves a public purpose of providing cultural and recreational activities for the residents and visitors of the City of El Paso, and in accordance with 43 TAC, Section 22.12, the City Manager be authorized to sign an Agreement For The Temporary Closure of State Right Of Way (Form TEA 30A) by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the temporary closure and use of State owned and operated street (s) in excess of four hours for portions of North Mesa Street (SH 20) upon the issuance of required permits from the City of El Paso and substantial conformity to the finalized TEA30 agreement between the City of El Paso and State of Texas Department of Transportation.

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5.2.

*R E S O L U T I O N

WHEREAS, NDMF, LLC (hereinafter referred to as “Grantee”) has submitted an application for a Special Event Permit as per Chapter 13.38 (Special Events) of the El Paso City Code, for the use and closure of rights-of-way within the City of El Paso’s (hereinafter referred to as “the City”) for the Neon Desert Music Festival from 6:00 p.m. on Thursday, May 26, 2016 to 10:00 p.m. on Monday, May 30, 2016 (hereinafter referred to as the “Event”); and

WHEREAS, The Event will utilize both City and State rights-of-way: and

WHEREAS, The City of El Paso (hereinafter referred to as the “City”) has found the Event serves a public purpose; and

WHEREAS, 43 TAC, Section 22.12 establishes the rules and procedures for the temporary closure of portions of the State Highway System for periods of time exceeding four hours; and

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

That the closure of rights-of-way within the City of El Paso for the Neon Desert Music Festival from 6:00 p.m. Thursday, May 26, 2016 to 10:00 p.m. on Monday, May 30, 2016 serves a public purpose of providing cultural and recreational activities for the residents and visitors of the City of El Paso, and in accordance with 43 TAC, Section 22.12, the City Manager be authorized to sign an Agreement For The Temporary Closure of State Right Of Way (Form TEA 30A) by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the temporary closure and use of State owned and operated street (s) in excess of four hours for portions of North Mesa Street (SH 20) upon the issuance of required permits from the City of El Paso and substantial conformity to the finalized TEA30 agreement between the City of El Paso and State of Texas Department of Transportation.

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

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6.1.

*R E S O L U T I O N

APPROVING THE ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF LA PAZ, ARIZONA OF ITS EDUCATION REVENUE BONDS (CHARTER SCHOOL SOLUTIONS) SERIES 2016 FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE

WHEREAS, The Industrial Development Authority of the County of La Paz, Arizona, an Arizona nonprofit corporation designated a political subdivision of the State of Arizona (the “Corporation”) pursuant to the Industrial Development Financing Act, Title 35, Chapter 5, Arizona Revised Statutes, as amended (the “Act”) is authorized to issue bonds and to use the proceeds thereof to provide monies to make loans for the purpose of financing or refinancing the acquisition, construction, improvement or equipping of projects (as that term is defined in the Act), including facilities owned or operated by a nonprofit organization described in Section 501(c) of the United States Internal Revenue Code of 1986 (the “Code”); and

WHEREAS, in furtherance of the purposes of the Act, the Corporation has authorized the issuance of its revenue bonds designated as the “The Industrial Development Authority of the County of La Paz, Arizona Education Revenue Bonds (Charter School Solutions) Series 2016” (the “Bonds”) the proceeds of which will be loaned to Charter School Solutions (the “Borrower”) to be used to finance and refinance the cost of certain educational facilities of the Borrower located in El Paso, Texas;

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986 (the “Code”) requires that the issuance of any qualified 501(c)(3) obligations be approved by the “applicable elected representative” (the “AER”) of the governmental unit in which the Project is located after a public hearing following reasonable public notice;

WHEREAS, the Bonds are qualified 501(c)(3) obligations under to the Code;

WHEREAS, the Project, as defined in Exhibit A, is located in the City of El Paso, Texas (the “City”) and the City Council (“City Council”) is an AER for the City;

WHEREAS, attached hereto as Exhibit A is the Notice of Public Hearing (the “Notice of Public Hearing”) which was published in a newspaper of general circulation in the City, as required by section 147(f) of the Code which public hearing was conducted by the Issuer on March 21, 2016; and

WHEREAS, attached hereto as Exhibit B is the Affidavit of Publication of the Notice of Public Hearing; and

WHEREAS, attached hereto as Exhibit C is the Certificate of Public Hearing Officer; and

WHEREAS, the City Council desires to approve the Project and the Bonds solely for purposes of satisfying the requirements of section 147(f) of the Code; and

WHEREAS, the actions of the City Council with respect to the Project and the Bonds and to the matters described herein will create no liability for the City, and is in the best interest of the City, and the City Council desires to approve this Resolution;

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

The City Council hereby specifically approves the Bonds and the Project solely for the purpose of satisfying the requirements of section 147(f) of the Code and such approval is not to be construed as an undertaking by the City. The Bonds shall not constitute a liability, an indebtedness or an obligation of the City nor shall any of the assets of the City be pledged to the payment of the Bonds. This Resolution shall become effective immediately upon the execution hereof.

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Goal 8: Nurture and Promote a Healthy, Sustainable Community

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7.1.

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 City Landfill Litter Control Contract by and among the City of El Paso, TIBH Industries, Inc., and BorderTM Industries, Inc. d/b/a Xceed Resources to provide litter control services for the City’s Department of Environmental Services for an estimated cost of $447,359.07 for a three-year contract term.

1^ST MOTION

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

2^ND AND FINAL MOTION

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

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

NAYS: Representative Limón

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

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

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8.1.

*Motion made, seconded, and unanimously carried that the following tax refunds be APPROVED, subject to auditor approval:

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

1. Total Equipment & Rental Of El Paso in the amount of $4,896.28 overpayment on January 19, 2016 of 2015 taxes. (Geo. # 1437-999-1265-9350)

2. Alejandro Rodriguez in the amount of $3,478.95 overpayment on June 27, 2015 of 2014 taxes. (Geo. # C729-999-0100-6700)

3. Seterus/Lereta in the amount of $4,316.78 overpayment on June 23, 2015 of 2014 taxes. (Geo. # T287-999-1280-4900)

4. Lovilia Cervantes for Estate of Mary C. Terrazas in the amount of $9,248.93 overpayment on January 25, 2016 of 2015 taxes. (Geo. # T527-999-0160-9500)

5. Pacific Union Financial LLC in the amount of $3,158.04 overpayment on January 22, 2015 of 2014 taxes. (Geo. # V927-999-0420-2500)

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CONSENT AGENDA - NOTICE FOR NOTATION:

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

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9.1.

*Motion made, seconded, and unanimously carried to APPROVE the Municipal Court March 2016 Reports - Office Of Court Administration and Monthly Activity reports.

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

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10.

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

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10.1.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $1,000 from Tropicana Properties II, LLC for District 5 “Movies in the Park.

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

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10.2.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $2,500.00 from El Paso Hispanic Chamber of Commerce for the Familiarization Tours.

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

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10.3.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $5,000.00 from GECU for the Familiarization Tours.

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

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CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

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11.

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

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11.1.

*Motion made, seconded, and unanimously carried to AUTHORIZE the Purchasing Director for Purchasing & Strategic Sourcing to issue a Purchase Order to MHC Kenworth a contractor under Buy Board, Contract No. 430-13 (Vehicles, Heavy Duty Trucks & Options), for the purchase of Pro Patch Pot Hole Patch Trucks. The City has made the determination that purchasing from this cooperative offers the most cost-effective pricing.

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

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

Award to: MHC Kenworth

Dallas, TX

Total Estimated Award: $452,754.80 (3 Units )

Account No.: 532 – 37010 – 580540 – 4932 – PIF16GS010

Funding Source: Internal Service Fund – Streets and Maintenance Vehicle

Replacement

Reference No.: 2016-852

This is a Cooperative, unit price contract.

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CONSENT AGENDA - BEST VALUE PROCUREMENTS:

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12.

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

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12.1.

1^ST MOTION

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

2^ND AND FINAL MOTION

Motion made by Mayor Pro Tempore Noe, seconded by Representative Niland, and carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing Department to exercise the City’s option to extend current Contract 2013-200 Electric Cart Operator Services with Goodwill Industries of El Paso, Inc. for two (2) additional years pursuant to the provisions of an award approved by the City Council on July 9, 2013. The extended contract period will be from July 9, 2016 to July 8, 2018.

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

NAYS: Representative Limón

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

Department: El Paso International Airport

Award to: Goodwill Industries of El Paso, Inc.

El Paso, TX

Option: One of One

Annual Estimated Amount: $ 82,500.00

Total Estimated Amount: $165,000.00 (2 years)

Account No.: 562 - 62070 – 522150 – 3000

Funding Source: Outside Contracts NOC – EPIA Enterprise

Funds FY 2016

This is a Best Value, service contract.

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

The following City staff members commented:

Mr. Bruce Collins, Director of Purchasing and Strategic Sourcing
Ms. Monica Lombrana, Director of Capital Improvement

Mr. Stuart Ed, President/CEO of Goodwill Industries commented.

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MAYOR’S PROCLAMATIONS

	1.	Arbor Day

	2.	National Nurses Week

	3.	National Travel & Tourism Week

	4.	The Woman's Club of El Paso Day
…………………………………………………………………………………………………
RECOGNITIONS

El Paso Fire Fighters -Muscular Dystrophy Association’s Fill the Boot Campaign
……………………………………………………………………………………………………
8:00 A.M. – 8:30 A.M. CALL TO THE PUBLIC – PUBLIC COMMENT

The following members of the public commented:

Mr. Roger de Moor
Mr. Joe Molinar
Ms. Wally Cech
Mr. Pierre Andre Euzarraga
Mr. Steven Strumer
Mr. Salvador Gomez
Ms. Melissa Kirkham

Mayor Leeser and Representatives Niland and Limón commented.

The following City staff members commented:

Mr. Tommy Gonzalez, City Manager
Ms. Sylvia Firth, City Attorney, gave legal advice.

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REGULAR AGENDA - FIRST READING OF ORDINANCES

Motion made by Representative Niland, seconded by Representative Limón, 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, Acosta and Robinson

ABSENT: Representative Svarzbein

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13.

Goal 3: Promote the Visual Image of El Paso:

………………………………………………………………………………………………………………

13.1.

An Ordinance amending Title 12, Chapter 12.88 (Schedules), Section 12.88.190 (No stopping or standing at any time), to add Loma Verde Drive between a point 539 feet north of Rojas drive and 245 feet south of David Bret Drive, both sides, the penalty being as provided in Section 12.88.190 and Chapter 12.85 of the El Paso City Code.

PUBLIC HEARING WILL BE HELD ON MAY 17, 2016

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13.2.

An Ordinance releasing all conditions placed on property by Ordinance No. 8848 and 15972 which changed the zoning of a portion of Lot 3, Block 46, Sun Ridge Subdivision Unit 12, 2110 N. Zaragoza Road, City of El Paso, El Paso County, Texas. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Property Owner: 2109 Investments, LLC. PZCR16-00001

PUBLIC HEARING WILL BE HELD ON MAY 31, 2016

………………………………………………………………………………………………………………

13.3.

An Ordinance changing the zoning of a portion of Tract 2, Coronado Place, 110 Coronado Road, City of El Paso, El Paso County, Texas from C-3 (Commercial) to R-MU (Residential-Mixed Use), approving a master zoning plan. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 110 Coronado Road. Property Owner: Alberto Loera. PZRZ15-00032

PUBLIC HEARING WILL BE HELD ON MAY 31, 2016

………………………………………………………………………………………………………………

13.4.

An Ordinance vacating the City of El Paso’s right-of-way over a portion of the Maple Street, Birch Street, Cedar Street and Elm Street crossings of the Union Pacific Railroad located between Bassett’s Addition and Alamo Heights Addition in City of El Paso, El Paso County, Texas. Subject Property: City-wide; Applicant: City of El Paso. SURW14-00001

PUBLIC HEARING WILL BE HELD ON MAY 17, 2016

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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

……………………………………………………………………………………………………..

14.

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

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14.1.

R E S O L U T I O N

WHEREAS, on October 22, 2013 the City entered into a sole source contract with Mitchell Adding Machine (DBA Mitchell Time & Parking) for Validators and Ticket Machines Contract No. 2014-009; and

WHEREAS, the funds appropriated for Contract No. 2014-009 have been exhausted; and

WHEREAS, pursuant to Paragraph 8A of the Contract (Termination for Convenience), the City is authorized to terminate the Contract for convenience; and

WHEREAS, the City desires to terminate the Contract for convenience.

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

That the Purchasing Director is authorized to notify Mitchell Adding Machine (DBA Mitchell Time & Parking) that the City is terminating the contract for Validators and Ticket Machines Contract No. 2014-009 for convenience pursuant to the provisions and requirements of Paragraph 8A of the Contract Clauses, and that the termination shall be effective as of May 3, 2016.

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

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

………………………………………………………………………………………………………………

14.2.

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to AUTHORIZE the Director of the Purchasing & Strategic Sourcing Department to issue a Purchase Order(s) to Mitchell Adding Machine (dba Mitchell Time & Parking), the sole source authorized provider for Amano McGann revenue control software and equipment used at the Airport Parking Lot, with the stipulation that the vendor provides an updated sole source letter and affidavit each year.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

Department: El Paso International Airport

Award to: Mitchell Adding Machine (dba Mitchell Time & Parking)

Austin, TX

Annual Estimated Amount: $133,333.33

Total Estimated Award: $399,999.99 (3 years)

Account No.: 562 – 62080 - 522290 – 3000

562 – 62080 – Various - 3000

Funding Source: Airport Operations – Office Equipment Maintenance

Contracts

Sole Source No.: 2016-765

This is a Sole Source, requirement contract.

……………………………………………………………………………………………………..

The City Council Meeting was RECESSED at 10:00 a.m. in order to convene the Mass Transit Board Meeting.

The City Council Meeting was RECONVENED at 10:21 a.m.

……………………………………………………………………………………………………..

15.

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

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15.1.

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 the Fourth Amendment to the Agreement for Professional Services by and between the CITY OF EL PASO and SWA Group, a California Corporation, for a project known as “San Jacinto Plaza Redesign” to add additional Construction Phase services which includes additional site visits, meeting attendance, responses to requests for information, and additional review of submittals at a cost not to exceed $29,969.00 and estimate reimbursable expenses not to exceed $5,760.00, for a total amount not to exceed Thirty Five Thousand Seven Hundred Twenty Nine and 00/100 Dollars ($35,729.00) thereby extending the contract amount from $638,304.00 to $674,033.00; and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers.

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

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

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16.

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

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16.1.

Motion made by Representative Limón, seconded by Representative Niland, and unanimously carried to AWARD Solicitation 2016-646 Wren Avenue Street Reconstruction and Improvements to J.A.R. CONCRETE, INC. dba JAR Construction, Inc. for an estimated total amount of $1,580,837.77.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

Department: Capital Improvement

Award to: J.A.R. CONCRETE, INC. dba JAR Construction, Inc.

El Paso, TX

Base Bid I: $1,374,755.22

Base Bid II: $ 98,286.40

Base Bid III: $ 26,689.75

Option I: $ 61,642.35

Option II: $ 4,341.50

Option III: $ 15,615.85

Total Estimated Award: $1,580,837.77

Account No.: 560-3210-6007-580270- PCP09MT0070B/TX90003

Funding Source: Sun Metro Tiger V Grant & EPWU

This is a Low bid, unit price contract.

The Purchasing & Strategic Sourcing Department and Capital Improvement recommend award as indicated to J.A.R. CONCRETE, INC. dba JAR Construction, Inc., the lowest responsive, responsible bidder and that Horizone Construction I, Ltd be deemed non-responsive for their failure to submit the Buy America Certification with its sealed bid.

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.

Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity. The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.

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

…………………………………………………………………………………………………….

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES / OTHER BUSINESS

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17.

Goal 3: Promote the Visual Image of El Paso

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17.1.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks an Ordinance amending the future land use map contained in “Plan El Paso” for the Northwest Upper Valley Plan to modify the land use designation from very low density residential to mixed use for the property legally described as a portion of Lot 9, Block 1, Country Place Estates, North of Country Club Road and East of Hunters Glenn Lane, City of El Paso, El Paso County, Texas..

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

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17.2.

ORDINANCE 018495

The City Clerk read an Ordinance entitled: AN ORDINANCE RELEASING ALL CONDITIONS PLACED ON PROPERTY BY SPECIAL CONTRACT APPROVED ON OCTOBER 23, 1956 WHICH CHANGED THE ZONING OF A PORTION OF LOTS 93 TO 96, BLOCK 7 EASTSIDE INDUSTRIAL DISTRICT UNIT TWO, 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: 1031 HAWKINS BOULEVARD. PROPERTY OWNER: MAST PARTNERS LP. PZCR15-00008

Motion duly made by Representative Acosta, seconded by Representative Niland, 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 Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

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

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17.3.

ORDINANCE 018496

The City Clerk read an Ordinance entitled: AN ORDINANCE GRANTING SPECIAL PERMIT NO. PZST15-00042, TO ALLOW FOR INFILL DEVELOPMENT WITH A REDUCED LOT WIDTH, LOT AREA, AND CUMULATIVE FRONT AND REAR YARD SETBACK ON THE PROPERTY DESCRIBED AS A PORTION OF TRACTS 357 AND 358, SUNRISE ACRES NO. 1, 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: 3805, 3809, 3813 MOONLIGHT DRIVE. PROPERTY OWNER: CASAS DIAMANTINA, LLC. PZST15-00042. THIS IS A 211 ON APPEAL.

Mayor Leeser commented.

Mr. Carlos Gallinar, Deputy Director, Planning Division commented.

Motion duly made by Representative Limón, seconded by Representative Acosta, 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 Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

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

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17.4.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks an Ordinance vacating the city right-of-way over a 0.116 acre portion of Resler Drive right-of-way, City of El Paso, El Paso County, Texas. Subject Property: South of Transmountain at Resler; Applicant: Hunt Communities Holding, LLC SURW15-00009

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

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17.5.

ORDINANCE 018497

The City Clerk read an Ordinance entitled: AN ORDINANCE GRANTING SPECIAL PERMIT NO. PZST15-00022, TO ALLOW FOR INFILL DEVELOPMENT WITH A REDUCTION IN SIDE YARD SETBACK, ON THE PROPERTY DESCRIBED AS TRACT 10B5, BLOCK 17, YSLETA GRANT, 7756 WENDA 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: 7756 WENDA DRIVE. PROPERTY OWNERS: MIGUEL F. QUINONES & LAZARA M. QUINONES. PZST15-00022

Motion duly made by Representative Limón, seconded by Representative Niland, 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 Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

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

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17.6.

ORDINANCE 018498

The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING TITLE 20 (ZONING), CHAPTER 20.14 (OFF-STREET PARKING, LOADING AND STORAGE STANDARDS), ARTICLE I. VEHICULAR PARKING; SECTION 20.14.050 (PARKING REQUIREMENTS AND STANDARDS), APPENDIX C (TABLE OF PARKING REQUIREMENTS AND STANDARDS) TO REDUCE THE MINIMUM PARKING REQUIREMENTS FOR VEHICULAR PARKING. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE.

Mr. Carlos Gallinar, Deputy Director, Planning Division presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representative Limón commented.

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

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

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

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18.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

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18.1.

Motion made by Representative Niland, seconded by Representative Ordaz, and unanimously carried to CLOSE the Public Hearing at 10:41 a.m. on the adoption of the Proposed 2016-2017 Annual Action Plan Budgets for the Community Development Block Grant (CDBG) 42nd Year Program, the Emergency Solutions Grant (ESG) Program, the HOME Investment Partnerships (HOME) Program, and the Housing Opportunities for Persons with AIDS (HOPWA) Program.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

Ms. Veronica Soto, Director of Community and Human Development presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representatives Niland, Ordaz, Limón, and Noe commented.

Mr. Tommy Gonzalez, City Manager, commented.

Ms. Sylvia Carreon, citizen, commented.

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18.2.

R E S O L U T I O N

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

1. That, having conducted a public hearing in order to receive public comment, the City Council hereby adopts the Proposed 2016-2017 Annual Action Plan Budgets for the Community Development Block Grant (CDBG) 42nd Year Program, the Emergency Solutions Grant (ESG) Program, the HOME Investment Partnerships (HOME) Program, and the Housing Opportunities for Persons with AIDS (HOPWA) Program, all attached hereto as Exhibit “A”; and

2. That the City Council directs that the notice of availability, including the Proposed 2016-2017 Annual Action Plan Budgets for the CDBG, ESG, HOME and HOPWA Programs, be published in the El Paso Times on Sunday, May 8, 2016, to provide the public with an opportunity to review the Proposed 2016-2017 Annual Action Plan, including the Proposed Budgets, and submit comments to the Department of Community and Human Development. The deadline for submission of written comments will be 6:00 p.m., on Thursday, June 9, 2016. The City Council will conduct a public hearing in City Council Chambers during the regular City Council meeting on Tuesday, June 14, 2016, for the purpose of receiving comments from the public and adopting the Final 2016-2017 Annual Action Plan and the CDBG, ESG, HOME, and HOPWA Budgets, for submission to the U.S. Department of Housing and Urban Development.

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

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

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REGULAR AGENDA - OTHER BUSINESS

……………………………………………………………………………………………………..

19.

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

………………………………………………………………………………………………………………

19.1.

An update on the EPIA Consolidated Rental Agency Complex.

Ms. Shane Brooks, EPIA, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser and Representatives Acosta, Niland and Limón commented.

NO ACTION taken on this item.

………………………………………………………………………………………………………………

19.2.

An update on the EPIA Convair Road Landscape Improvements.

Ms. Shane Brooks, EPIA, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

NO ACTION taken on this item.

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20.

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

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20.1.

Presentation and discussion on the Strategic Plan Goal Team Report for the following:

Goal 4 Team (Quality of Life)

City Manager’s Office, Dionne Mack, 915-212-1070

Ms. Dionne Mack, Director of Libraries, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

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

Goal 7 Team (Infrastructure)

Streets and Maintenance, Richard Bristol, 915-212-7001

Mr. Richard Bristol, Deputy Director of Streets and Maintenance, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representatives Acosta and Noe commented.

Ms. Margaret Schroder, Engineering Division Manager, commented.

NO ACTION taken on this item.

………………………………………………………………………………………………………………

20.2.

R E S O L U T I O N

WHEREAS, the Firemen and Policemen Pension Fund of the City of El Paso is governed by the provisions of Article 6243b of Tex. Rev. Civil Statutes and El Paso City Charter Section 6.13-11(D); and

WHEREAS, Section 1 of Article 6243b provides for the Firemen and Policemen’s Pension Fund to be governed by a Board of Trustees; and

WHEREAS, Section 10A of Article 6243b authorizes the Board of Trustees, by majority vote, to modify benefits, change membership qualifications, change eligibility requirements, and change contributions and other conditions; and

WHEREAS, the Board of Trustees, on December 16, 2015 adopted an amendment which proposed certain changes (“the Amendment”) to the Firemen and Policemen’s Pension Fund Plan, with said Amendment effective July 1, 2016; and

WHEREAS, said Amendment is not effective unless and until the City Council shall approve the Amendment in accordance with Section 10A(c); and

WHEREAS, the City Council finds that prior to the passage of the Amendment, each of the conditions required by Section 10A(b) have occurred and been complied with and in the sequence required by said Section; and

WHEREAS, none of the aforementioned actions violate the provisions of Article 6243b of Tex. Rev. Civil Statutes or Section 6.13-11(D) of the El Paso City Charter Section 6.13-11(D); and

WHEREAS, the City Council finds that a public purpose is served by the passage of this resolution,

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

The City Council hereby specifically approves the action of the Firemen and Policemen Pension Fund Board of Trustees taken on December 16, 2015 in passing the Amendment to the Plan, with said Amendment effective July 1, 2016.

Mayor Leeser and Representatives Robinson, Noe, Acosta, and Niland commented.

The following City staff members commented:

Mr. Tommy Gonzalez, City Manager
Dr. Mark Sutter, Chief Financial Officer

Mr. Tyler Grossman, Executive Director for El Paso Firemen and Policemen Pension Fund, commented.

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

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

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21.

MAYOR AND COUNCIL

………………………………………………………………………………………………………………

21.1.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks the item for discussion and action resolving to add to the City’s Texas Legislative Agenda and direct consulting firm to advocate for increased economic incentives for the purpose of enhancing the film industry development in El Paso, in order to compete regionally and nationally as a television and film production location.

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

…………………………………………………………………………………………………….

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES / OTHER BUSINESS

……………………………………………………………………………………………………..

22.

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

………………………………………………………………………………………………………………

22.1.

Motion made by Mayor Pro Tempore Noe, seconded by Representative Ordaz, and unanimously carried to DENY 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.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

Mayor Leeser and Representative Ordaz

…………………………………………………………………………………………………….

EXECUTIVE SESSION

Motion made by Representative Niland, seconded by Representative Limón, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 12:03 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: Representatives Romero and Ordaz

ABSENT: Representative Svarzbein

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 Niland, seconded by Representative Limón, and unanimously carried to adjourn the Executive Session at 2:19 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 Svarzbein

EX1.

ZTEX Construction, Inc., Contract No. 2015-433 Street Resurfacing 2015 Project (551.071)

Motion made by Mayor Pro Tempore Noe, seconded by Representative Niland and unanimously carried that the City Council approves that Contract No. 2015-433, Street Resurfacing 2015 Project, Contract No. 2015-433 with ZTEX Construction, Inc. be amended to provide for an automatic mutual termination for convenience if the parties do not reach an agreement for a potential reimbursement claim related to mobilization costs by May 18, 2016.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

EX2.

Economic Development - Proposed mixed use entertainment venue. (551.087)

NO ACTION taken on this item.

EX3.

PUC Docket 45885 Application of El Paso Electric Company for Approval to Revise Its Energy Efficiency Cost Recovery Factor and request to establish Revised Cost Cap. (551.071)

Motion made by Mayor Pro Tempore Noe, seconded by Representative Niland, and unanimously carried that the CITY OF EL PASO authorizes the City Attorney to file a Motion in Intervention, and if necessary request a hearing in the following Public Utility Commission Docket No. 45885 Application of El Paso Electric Company for Approval to Revise its Energy Efficiency Cost Recovery Factor and Request to Establish Revised Cost Cap.

This Motion is intended to grant broad authority to the City Attorney to take any action necessary to address these matters in consultation with the City Manager. This authorization also authorizes the City Attorney to retain outside Counsel and any necessary consultants in connection with this matter.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

EX4.

Monthly update from Legal Department regarding pending litigation, claims, real estate transactions and contract negotiations. (Sections 551.071, 551.072, 551.074 and 551.087)

NO ACTION taken on this item.

…………………………………………………………………………………………………….

ADDITIONS TO THE AGENDA

……………………………………………………………………………………………………..

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

………………………………………………………………………………………………………………

ADD1.1.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $500.00 from Mimbela Contractors and $500 from Jobe Materials for District 7 Summer Fun Programs.

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

………………………………………………………………………………………………………………

ADD1.2.

1^ST MOTION

*Motion made, seconded, and unanimously carried to ACCEPT the airfare, meals and hotel accommodations made by NAHLFA for Rep. Limón as a participant of the in the National Association of Local Housing Finance Agencies (NAHLFA) Annual Conference in Dallas, TX, April 13 -16, 2016, in accordance with Ordinance No. 017112 - 2.92.040 and Texas Penal Code Section 36.07 and 36.08.

AYES: Representatives Acosta, Noe, Ordaz, and Limón

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Romero, Robinson and Niland

ABSENT: Representative Svarzbein

2^ND MOTION

Motion made by Representative Limón, seconded by Representative Ordaz, and unanimously carried to RECONSIDER the item.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

3^RD AND FINAL MOTION

Motion made by Representative Limón, seconded by Representative Ordaz, and unanimously carried to ACCEPT the airfare, meals and hotel accommodations made by NAHLFA for Rep. Limón as a participant of the in the National Association of Local Housing Finance Agencies (NAHLFA) Annual Conference in Dallas, TX, April 13 -16, 2016, in accordance with Ordinance No. 017112 - 2.92.040 and Texas Penal Code Section 36.07 and 36.08

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

Representative Limón commented.

…………………………………………………………………………………………………….

ADJOURN

Motion made by Representative Niland, seconded by Representative Ordaz, and unanimously carried to ADJOURN this meeting at 2:27 p.m.

NOT PRESENT FOR THE VOTE: Representative Romero

ABSENT: Representative Svarzbein

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

APPROVED AS TO CONTENT:

____________________________

Richarda Duffy Momsen, City Clerk