City Council

Oscar Leeser

Ann Morgan Lilly, 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

May 5, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

May 4, 2015

9:00 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

Hillside Elementary School

Ana Zaragoza

Karla Cervantes

Montserrat Ortega

Sarahi Vela

Ivan Padilla

Hector Francisco Flores

Aaliyah Sanchez

Ramoncito Sanchez

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

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

A sign-up form is available on line at http:/www2.elpasotexas.gov/municipal-clerk/signup_form.asp for those who wish to sign up in advance of the meeting date and a sign-up form is available outside the City Council Chambers at the City Clerk table for those who wish to sign up on the day of the meeting.

MAYOR’S PROCLAMATIONS

1.

Underage Drinking Prevention Day

2.

National Nurses Week

3.

National Travel & Tourism Week

RECOGNITIONS

23rd Annual Letter Carriers’ Food Drive

Trey E. Cochran

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 - APPROVAL OF MINUTES:

1.

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

1.1.

Approval of Minutes for the Regular City Council Meeting of April 28, 2015.

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

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

CONSENT AGENDA - RESOLUTIONS:

3.

Goal 3: Promote the Visual Image of El Paso

3.1.

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) 212-6048

(Attachment)

(Attachment)

4.

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

4.1.

That the temporary sale and service of alcoholic beverages by Crave Rojas, LLC d/b/a Crave Kitchen and Bar, in the closed portions of City rights-of-way on East Franklin Avenue between North Santa Fe Street and North Mesa Street, East Main Street between North Oregon Street and North Mesa Street, Mills Avenue between North Oregon Street and North Stanton Street, North El Paso Street between East Franklin Avenue and the driveway at 201 West Main Drive, North Oregon Street between West Missouri Avenue and West Mills Avenue and North Mesa Street between East Missouri Avenue and Texas Avenue from 4:00 p.m. Friday, May 22, 2015 to 2:00 a.m. Monday, May 25, 2015 is a permissible activity in conjunction with Splendid Sun Productions, LLC’s Neon Desert Music Festival, upon issuance of the required permits from the Texas Alcoholic Beverage Commission and the City of El Paso. (CSEV15-00081)

District 8

Planning and inspections, Martin Camarillo, (915) 212-1506

Planning and Inspections, Elizabeth Gibson, (915) 212-1500

(Attachment)

4.2.

That the closure of rights-of-way within the City of El Paso for the Neon Desert Music Festival from 12:00 p.m. on Friday, May 22, 2015 to 10:00 p.m. on Monday, May 25, 2015 serves the 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 is 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), and the companion Agreement between the City of El Paso and Splendid Sun Productions, LLC (“Grantee”) for the Event, whereby Grantee shall assume responsibilities for the event 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. (CSEV15-00081)

District 8

Planning and Inspections, Martin Camarillo, (915) 212-1506

Planning and Inspections, Elizabeth Gibson, (915) 212-1500

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

5.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

5.1.

Frank Lozano to the City Accessibility Advisory Committee by Representative Ann Morgan Lilly, District 1.

Representative Ann Morgan Lilly, (915) 212-1002

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

6.

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

6.1.

Bill Sparks to the Veterans Affairs Advisory Committee by Representative Michiel Noe, District 5.

Representative Michiel Noe, (915) 212-2005

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

7.

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

7.1.

For Notation:  Accept the donation of $800.00 from the El Paso Hyundai Dealership for District 3 - 5th Annual Movies Under the Stars.

Representative Emma Acosta  (915) 212-0003

CONSENT AGENDA - BIDS:

8.

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

8.1.

The award Solicitation 2015-615 Johnson Basin Park Improvements to Black Stallion Contractors, Inc., for an estimated total amount of $211,673.61.

Department:                            Engineering and Construction Management

Award to:                                             BLACK STALLION CONTRACTORS, INC.

                                                            El Paso, TX

Initial Term:                             193 Consecutive Calendar Days

Option to Extend:                    None

Base Bid I:                                           $87,164.76

Base Bid II:                                          $96,051.00

Alternate 1:                                          $10,373.00 (Alternate 1 is replacing Base Bid II- Line I                             tem 7)

Option 3:                                             $19,186.60

Total Estimated Award:          $211,673.61

Account No.:                           580270-190-4800-29010-PCP13PRKA10

                                                            58027-471-2400-71240- G7139CD42

Funding Source:                     2012 Quality of Life Bond ($89,907.43)

                                                            Community Development 39th Year Grant                                       ($121,766.18)

District(s):                                            2

This is a Low bid, unit price contract.

The Purchasing & Strategic Sourcing Department and Engineering and Construction Management De recommend award as indicated to BLACK STALLION CONTRACTORS, INC., the lowest responsive, responsible bidder.

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 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.

District 2

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

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

(Attachment)

REGULAR AGENDA - FIRST READING OF ORDINANCES

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

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

9.

Goal 3: Promote the Visual Image of El Paso:

9.1.

An ordinance authorizing the City Manager to sign a Contract of Sale and a Special Warranty Deed conveying a 0.35 acre parcel of land being described as Lot 14, Block 3, Country Place Unit Two, City of El Paso, El Paso County, Texas, and any other documents necessary to complete the sale to Arturo Ambriz Rodriguez and Yessica Ambriz. Subject Property: 500 Country Oaks.

District 1

El Paso Water Utilities, Lupe Cuellar, (915) 594-5636

(Attachment)

PUBLIC HEARING WILL BE HELD ON PUBLIC HEARING WILL BE HELD ON MAY 12, 2015

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

10.

Goal 3: Promote the Visual Image of El Paso

10.1.

Discussion and action on the award of Solicitation No 2015-657 Grounds Maintenance for El Paso City Parks-Mowing to A.R.E Landscape Management, Tree D’s Landscaping & Ground Maintenance and WCD Enterprises, LLC for an initial term estimated award of $405,284.48. The period of performance is from April 21, 2015 through April 20, 2017.

STRATEGIC GOAL 3:  Promote the Visual Image of El Paso.       

Department:                                        Parks and Recreation

Award to:        (Vendor #1)                 A.R.E Landscape Management

                                                           El Paso, TX

Item(s):                                               Westside Group IV

Initial Term:                                         2 years

Option to Extend:                                None

Annual Estimated Award:                   $10,239.68

Initial Term Estimated Award:            $20,479.36 (2 years)

Award to:        (Vendor #2)                 Tree D’s Landscaping and Ground                                                             Maintenance

                                                            El Paso, TX

Item(s):                                               Central Group II

Initial Term:                                         2 years

Option to Extend:                                None

Annual Estimated Award:                   $23,220.48

Initial Term Estimated Award:            $46,440.96 (2 years)

Award to:       (Vendor #3)                   WCD Enterprises, LLC

                                                            Scottsdale, AZ

Item(s):                                               Central Group I; Central Group III; Central                                                             Group IV; Central Group V;

                                                            Eastside Group IV; Northeast Group I;                                                             Northeast Group VI; Northeast Group VII;                                                             Northeast Group VIII; Westside Group I;                                                             Westside Group II; Westside Group III.

Initial Term:                                         2 years

Option to Extend:                                None

Annual Estimated Award:                   $169,182.08

Initial Term Estimated Award:            $338,364.16 (2 years)

Account No.:                                       451-51295-522210-P5119-2305

Funding Source:                                 Environmental Fund

District(s):                                           All

Total Annual Estimated Award:          $202,642.24

Total Term Estimated Award:            $405,284.48 (2 years)

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing and Parks and Recreation Department recommend award as indicated to A.R.E Landscape Management, Tree D’s Landscaping & Ground Maintenance and WCD Enterprises, LLC, the bidder offering the best value bid. [POSTPONED FROM 04-21-2015]

All Districts

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

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

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

11.

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

11.1.

An Ordinance vacating a portion of Cebada Street out of East El Paso Addition, City of El Paso, El Paso County, Texas. Subject Property: South of Gateway East and west of Luna; Property Owner: El Paso Water Utilities. SURW15-00003

District 8

Planning & Inspections, Jeff Howell (915) 212-1607

Planning & Inspections, Kimberly Forsyth, (915) 212-1563

(Attachment)

11.2.

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 add Fenway Drive and Glemmway Place, the penalty being as provided in section 12.84.010 and Chapter 12.85 of the El Paso City Code.

District 7

Department of Transportation, Ted Marquez, (915) 212-7015

(Attachment)

12.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

12.1.

Public Hearing on the adoption of the Proposed 2015-2020 Consolidated Plan Summary for the City of El Paso and the Proposed 2015-2016 Annual Action Plan Budgets for the Community Development Block Grant (CDBG) 41st 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 Districts

Community & Human Development, Veronica R. Soto, (915) 212-0138

Community & Human Development, Anthony Shaar, (915) 212-1658

(Attachment)

12.2.

Discussion and action on a Resolution that the City Council, having conducted a Public Hearing and received comment, hereby adopts the Proposed 2015-2020 Consolidated Plan Summary for the City of El Paso and the Proposed 2015-2016 Annual Action Plan Budgets for the Community Development Block Grant (CDBG) 41st Year Program, the Emergency Solutions Grant (ESG) Program, the  HOME Investment Partnerships (HOME) Program and the Housing Opportunities for Persons with AIDS (HOPWA) Program, and hereby directs that the notice of availability, including a description of the contents and purpose of the Proposed 2015-2020 Consolidated Plan for the City of El Paso, and the Proposed 2015-2016 Annual Action Plan Budgets for the CDBG, ESG, HOME and HOPWA Programs, be published in the El Paso Times on Sunday, May 10, 2015, to provide the public with an opportunity to review the Proposed 2015-2020 Consolidated Plan for the City of El Paso and Proposed 2015-2020 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 11, 2015.  The City Council will conduct a public hearing in City Council Chambers during the regular City Council meeting on Tuesday, June 16, 2015, for the purpose of receiving comments from the public and adopting the Final 2015-2020 Consolidated Plan for the City of El Paso, which includes the 2015-2016 Annual Action Plan and the CDBG, ESG, HOME and HOPWA Budgets, for submission to the U.S. Department of Housing and Urban Development.

All Districts

Community & Human Development, Veronica R. Soto,  (915) 212-0138

Community & Human Development, Anthony Shaar, (915) 212-1658

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

13.

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

13.1.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and El Paso County, Texas on behalf of the El Paso County Sheriff’s Office, Center for Hope - Program of the El Paso Center for Children, El Paso County District Attorney’s Office, County Attorney’s Office, El Paso County Mental Health Support Services, United States Attorney’s Office, Federal Bureau of Investigation, United States Department of Homeland Security, US Department of Labor - Wage and Hour Division, Texas State Attorney General’s Office, Texas Department of Public Safety and the Texas Department of Child Protective Services to form a collaborative among local and federal law enforcement, prosecutors and victim service providers to provide comprehensive services and respond effectively to combat human trafficking and to collectively apply for a $900,000.00 human trafficking grant from the United States Department of Justice, Office of Justice Programs and Office for Victims of Crime from the Bureau of Justice Assistance.  The City of El Paso will provide in-kind personnel, related equipment use and fringe benefits with all expenses to be reimbursed to the City.  There is no cash match from the City of El Paso.

All

Police, Assistant Chief Michelle Gardner, (915) 564-7301

(Attachment)

14.

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

14.1.

Discussion and action regarding a Resolution amending the resolution dated February 24, 2015 which created the Hispanic Cultural Center Subcommittee to expand the duties of the Subcommittee.

All Districts

Managing Director-Quality of Life, Bryan Crowe, (915) 534-0608

(Attachment)

15.

Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community

15.1.

Presentation on status and general overview of Capital Projects, including:

a.  EPIA Passenger Boarding Bridges and Standby Generators, All Districts, R.       Shane Brooks, 212-1849.

b.  Kernel Circle Street Improvements, District 6, Julian Rodriguez, 212-1802.

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

(Attachment)

(Attachment)

16.

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

16.1.

Discussion and action on a resolution establishing a veterans affairs advisory committee for the purpose of advising the city of El Paso on matters related to providing assistance to Veterans.

All Districts

Economic & International Development, Cary Westin, Managing Director (915) 212-1614

(Attachment)

16.2.

Current status of collective bargaining with International Association of Firefighters, Local 51.

All

Office of Management & Budget, Robert Cortinas, (915) 212-1092

(Attachment)

17.

MAYOR AND COUNCIL

17.1.

Update and information on the National Association of Local Housing Finance Agency conference held April 29 – May 2, 2015, in Miami, Florida.

Representative Lily Limon, (915) 212-0007

EXECUTIVE SESSION

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

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

EX1.

Fire Collective Bargaining (551.071)

City Attorney's Office, Sylvia Borunda Firth, (915) 212-0033

EX2.

Claim of Margarita Cabrera, our file 15-1051-217.  (551.071)

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

EX3.

HB 1535 (551.071)

City Attorney's Office, Sylvia Borunda Firth, (915) 212-0033

EX4.

PUC Docket No. 44677-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)

City Attorney's Office, Sylvia Borunda Firth, (915) 212-0033

EX5.

PUC Docket No. 44637-Application of El Paso Electric Company to amend its Certificate of Convenience and Necessity for a 20 Megawatt Solar Photovoltaic Generation Project at Fort Bliss in El Paso County.  (551.071)

City Attorney’s Office, Sylvia Borunda Firth,  915-212-0033

ADJOURN

NOTICE TO THE PUBLIC:

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

Hearing Assistance Devices are available upon request.

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

http://www.elpasotexas.gov/