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 12, 2015

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 8:03 a.m.  Mayor Oscar Leeser present and presiding and the following Council Members answered roll call:  Ann Morgan Lilly, Larry Romero, Emma Acosta, Carl Robinson, Michiel R. Noe, Claudia Ordaz, and Lilia Limón. Late arrival:  Cortney Niland at 8:04 a.m.  The invocation was given by Police Chaplain Carlos Flores, followed by the Pledge of Allegiance to the Flag of the United States of America.

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INVOCATION BY POLICE CHAPLAIN CARLOS FLORES

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PLEDGE OF ALLEGIANCE

Pasodale Elementary School

Jaylene Escobedo

Davianna Rodriguez

Alberto Pinedo

Valerie Ramirez

Nayeli Marquez

Aaron Mendoza

Andrea Muriel

Ariana Escalante

Saul Garcia

Julia Gomez

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

The following members of the public commented:

1. Mr. Sam Snoddy
2. Ms. Wally Cech
3. Mr. Steven Strumer
4. Ms. Lisa Turner
5. Mr. Leo Mendoza

Mayor Leeser commented.

Motion made by Mayor Pro Tempore Niland, seconded by Representative Robinson, and unanimously carried to SUSPEND THE RULES OF ORDER to allow additional speakers to address the Council after the signup period.

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MAYOR’S PROCLAMATIONS

1.

Older Americans Awareness Month

2.

National Kids to Parks Day

3.

National Drug Court Month

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RECOGNITIONS

San Elizario High School – University Interscholastic League Boys Soccer State 4A Champions

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NOTICE TO THE PUBLIC- CONSENT AGENDA

Motion made by Mayor Pro Tempore Niland, seconded by Representative Romero, 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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

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CONSENT AGENDA - APPROVAL OF MINUTES:

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1.

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 the Minutes for the Regular City Council Meeting of May 5, 2015.

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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

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2.

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

NO ACTION taken on this item.

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CONSENT AGENDA - RESOLUTIONS:

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3.

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

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3.1.

*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 Full Court Enterprise Amendment One to Contract No. 2013-211R Municipal Court Software Rebid Municipal Court between the City of El Paso (“City”) and Justice Systems to revise the services for software customizations to the implementation of the Municipal Court software Full Court Enterprise and to receive payment processing services through CITEPAYUSA, for an initial term of  three (3) year which will commence concurrently with the beginning use of Full Court software system by the City and automatic one (1) year renewal periods thereafter; and that the payment processing service fee for the first two (2) years of the initial term is 3.5% of the fine, fee, or other fee collected by Justice Systems on behalf of the City and 4.0% for the remainder of the initial term and automatic renewal periods.  

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4.

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

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4.1.

*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 Council declares that the expenditure of District 2 discretionary funds in an amount not to exceed SEVEN THOUSAND AND NO/100 DOLLARS ($7,000.00) to pay towards the costs of park permits, staff time, and to pay various musicians to perform, and other related items necessary for the support of the 2015 “Music in the Park” event series, a series of musical entertainment nights in parks located within District 2 or any parks adjacent to District 2, and this expenditure serves the municipal purpose of providing recreational and cultural activities to the residents of and visitors of the City of El Paso, which benefits the community and instills community pride, and is authorized; and

            That the City Manager be authorized to accept donations for sponsorship of the event, to negotiate and sign contracts in a form substantially similar to the form contract attached as Exhibit “A”, and as approved by the City Attorney, and to appropriate and ensure that the funds are properly expended for the municipal purpose.

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5.

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

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5.1.1.

*R E S O L U T I O N

            WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

            WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

            WHEREAS, taxpayer, Rachel Herrera (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on January 31, 2012 in the amount of $144.72 for all taxing entities; and

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

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

            THAT the City finds that Rachel Herrera showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 property taxes and the tax refund in the amount of $144.72 is approved.

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5.1.2.

*R E S O L U T I O N

            WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

            WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

            WHEREAS, taxpayer, Rachel Herrera (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on January 31, 2012 in the amount of $124.93 for all taxing entities; and

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

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

            THAT the City finds that Rachel Herrera showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 property taxes and the tax refund in the amount of $124.93 is approved.

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5.1.3.

*R E S O L U T I O N

            WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

            WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

            WHEREAS, taxpayer, Rachel Herrera (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on January 31, 2012 in the amount of $125.97 for all taxing entities; and

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

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

            THAT the City finds that Rachel Herrera showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 property taxes and the tax refund in the amount of $125.97 is approved.

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5.1.4.

*R E S O L U T I O N

            WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

            WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

            WHEREAS, taxpayer, Rachel Herrera (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on January 31, 2012 in the amount of $124.56 for all taxing entities; and

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

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

            THAT the City finds that Rachel Herrera showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 property taxes and the tax refund in the amount of $124.56 is approved.

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5.2.

*R E S O L U T I O N

            WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

            WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

            WHEREAS, taxpayer, Casas de Leon LLC (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on January 31, 2012 in the amount of $375.24 for all taxing entities; and

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

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

            THAT the City finds that Casas de Leon LLC showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 property taxes and the tax refund in the amount of $375.24 is approved.

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5.3.

*R E S O L U T I O N

            WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

            WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

            WHEREAS, taxpayer, Larita R. Hielscher (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on February 15, 2012 in the amount of $3,237.64 for all taxing entities; and

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

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

            THAT the City finds that Larita R. Hielscher showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 property taxes and the tax refund in the amount of $3,237.64 is approved.

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5.4.

*R E S O L U T I O N

            WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

            WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

            WHEREAS, taxpayer, Silvia Gallegos (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on January 31, 2012 in the amount of $52.34 for all taxing entities; and

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

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

            THAT the City finds that Silvia Gallegos showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 property taxes and the tax refund in the amount of $52.34 is approved.

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CONSENT AGENDA - BOARD APPOINTMENTS:

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6.

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

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6.1.

*Motion made, seconded, and unanimously carried to APPOINT Melinda Becker Skillern to the Historic Landmark Commission by Representative Cortney Niland, District 8.

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6.2.

*Motion made, seconded, and unanimously carried to APPOINT Fermin Dorado to the Building and Standards Commission by Representative Lily Limón, District 7.

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7.

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

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7.1.

*Motion made, seconded, and unanimously carried to APPOINT Daniel C. Salazar to the Veterans Affairs Advisory Committee by Representative Lily Limón, District 7.

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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

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8.

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:

1.    Southeast New Mexico Foods, Inc. in the amount of $6,157.54 overpayment on March 31, 2015 of 2014 taxes.  (Geo. # 0964-000-1097-6514)

2.    Western Digital Technologies In the amount of $30,099.09 overpayment on January 31, 2015 of 2014 taxes.  (Geo. # 1484-999-1281-7950)

3.    Desert View Construction Inc. in the amount of $2,670.54 overpayment on January 26, 2015 for 2014 taxes.  (Geo. # C545-999-0050-0500)

4.    Stewart Title Company in the amount of $3,162.98 overpayment on March 31, 2015 of 2014 taxes.  (Geo. # C809-999-0170-6400)

5.   Edward Y. George in the amount of $2,578.39 overpayment on April 10, 2012 of 2011 taxes.  (Geo. # C818-999-0670-6100)

6.   Reverse Mortgage Solutions in the amount of $3,665.93 overpayment on March 24, 2015 of 2014 taxes.  (Geo. # E940-999-0010-3300)

7.   Enrique Muniz in the amount of $7,125.96 overpayment on January 31, 2015 of 2014 taxes.  (Geo. # R577-999-0070-3100)

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CONSENT AGENDA - NOTICE FOR NOTATION:

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9.

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

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9.1.

*Motion made, seconded and unanimously carried to APPROVE for notation the donation of $2,500 from the El Paso Hispanic Chamber of Commerce for the Economic Development Familiarization Tours.

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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 APPROVE for notation the donation of $1,000.00 from Tropicana Building Corporation for the District 3 - 5th Annual Movies Under the Stars.

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CONSENT AGENDA - BEST VALUE PROCUREMENTS:

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11.

Goal 3: Promote the Visual Image of El Paso

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11.1.

1^st MOTION

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

2^ND MOTION

Motion made by Representative Limón, seconded by Representative Noe, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 9:45 a.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:

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

3^RD MOTION

Motion made by Mayor Pro Tempore Niland, seconded by Representative Romero, and unanimously carried to adjourn the Executive Session at 9:54 a.m. and RECONVENE the meeting of the City Council, during which time motions were made.

NOT PRESENT FOR THE VOTE: Representative Robinson

4^TH MOTION

Motion made by Representative Robinson, seconded by Mayor Pro Tempore Niland, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 10:04 a.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:

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

5^TH MOTION

Motion made by Mayor Pro Tempore Niland, seconded by Representative Romero, and unanimously carried to adjourn the Executive Session at 10:25 a.m. and RECONVENE the meeting of the City Council, during which time motions were made.

NOT PRESENT FOR THE VOTE: Representative Robinson

6^TH AND FINAL MOTION

Motion made by Representative Limón, seconded by Representative Lilly and carried to AWARD, AS REVISED Solicitation No 2015-657 Grounds Maintenance for El Paso City Parks-Mowing to Tree D’s Landscaping & Ground Maintenance and WCD Enterprises, LLC for an initial term estimated award of $415,600.64. The period of performance is from May 12, 2015 through May 11, 2017.

AYES: Representatives Lilly, Romero, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

ABSTAIN: Representative Niland

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

Department:                                Parks and Recreation

Award to:        (Vendor #1)          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 #2)           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 and Westside Group IV.

Initial Term:                                 2 years

Option to Extend:                        None

Annual Estimated Award:           $184,579.84

Initial Term Estimated Award:     $369,159.68 (2 years)

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

Funding Source:                          Environmental Fee

Total Annual Estimated Award:  $207,800.32

Total Term Estimated Award:             $415,600.64 (2 years)

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing and Parks and Recreation Department recommend award as indicated to Tree D’s Landscaping & Ground Maintenance and WCD Enterprises, LLC, the bidders offering the best value bid.

The Purchasing & Strategic Sourcing Department recommends that A.R.E Landscaping Management be deemed non-responsive because they are unable to honor their pricing.

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

The following City staff members commented:

1. Mr. Tommy Gonzalez, City Manager
2. Mr. Bruce Collins, Director of Purchasing and Strategic Sourcing
3. Ms. Sylvia Firth, City Attorney, gave legal advice.
4. Ms. Diane Nunez, Procurement Analyst

The following members of the public commented:

1. Mr. Luis Cruz
2. Mr. Abraham Herrera
3. Ms. Lisa Turner
4. Mr. Wes Drydan, Tree D’s

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CONSENT AGENDA - BIDS:

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12.

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

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12.1.

*Motion made, seconded and unanimously carried to AWARD Solicitation No. 2015-734 for El Paso Zoo African Wild Dog Exhibit (Re-Bid) to MGB Group, Inc. for an initial term estimated award of $378,195.00.

Department:                             Engineering and Construction Management

Award to:                                  MGB Group, Inc.

                                                  El Paso, TX

Item(s):                                     All

Base Bid Alternate:                   $378,195.00

Total Estimated Award:            $378,195.00

Account No.:                            190-580270-29020-4800-PCP13ZOOA02

Funding Source:                       Quality of Life

This is a low bid, lump sum contract.

The Purchasing & Strategic Sourcing Department and Engineering and Construction Management Department recommend award as indicated to MGB Group, Inc., the lowest responsive, responsible bidder.

It is requested that the City Manager by 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 approved 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.

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13.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

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13.1.

*Motion made, seconded and unanimously carried to AWARD, AS REVISED Solicitation No. 2015-594 for Curb Ramps And Sidewalk Gap Program – District No. 4 to Vertex Contractors, LLC for an estimated total amount of $139,478.00. 

Department:                         Engineering and Construction Management

Award to:                              Vertex Contractors, LLC

                                             El Paso, TX

Item(s):                                 All

Option to Extend:                 None

Total Estimated Award:       $139,478.00

Base Bid I:                            Account No: 580270-471-2400-71240-G714CD20 –

                                             $ 29,433.00

Base Bid II:                           Account No: 580270-471-2400-71240-G714CD22 –

                                             $110,045.00

Total Amount:                      $139,478.00

Funding Source:                  Community Development Block Grant 40th Year

This is a low bid, unit price contract.

The Purchasing and Strategic Sourcing Department and Engineering and Construction Management Department recommend award as indicated to Vertex Contractors, LLC, 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 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.

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REGULAR AGENDA - FIRST READING OF ORDINANCES

Motion made by Mayor Pro Tempore Niland, seconded by Representative Romero, 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:

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14.

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

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14.1.

An Ordinance amending Ordinance No. 010873, Ordinance no. 12476 and Ordinance No. 14981 to approve the use of the User Agreement for Foreign Trade Zone No. 68 as revised and to authorize the City Manager to execute this type of agreement on behalf of the City of El Paso.

PUBLIC HEARING WILL BE HELD ON MAY 26, 2015

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15.

Goal 3: Promote the Visual Image of El Paso:

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15.1.

An Ordinance granting Special Permit No. PZST15-00007, to allow for a Volleyball Club Outdoor with Restaurant on the property described as Tract 8B1, Block 11, Upper Valley Surveys, City of El Paso, El Paso County, Texas, Pursuant to Section 20.04.260 of the El Paso City Code.  The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: South of Borderland Road and West of Doniphan Drive. Property Owner: TK Real Estate, LLC. PZST15-00007

PUBLIC HEARING WILL BE HELD ON JUNE 2, 2015

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The City Council Meeting was RECESSED at 10:26 a.m. in order to convene the Mass Transit Board Meeting.

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

The City Council Meeting was RECONVENED at 11:04 a.m.

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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

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16.

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

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16.1.

*Motion made, seconded and unanimously carried to DELETE Solicitation No. 2015-708 for El Paso Zoo Reptile Building Completion (Re-Bid) to MGB Group, Inc. for an estimated award of $569,694.38.

Department:                            Engineering and Construction Management

Award to:                                MGB Group, Inc.

                                                El Paso, TX

Item(s):                                   All

Base Bid:                                $565,194.38

Option 1:                                 $    4,500.00

Total Estimated Award:          $569,694.38

Account No.:                           190-580270-29020-4800-PCP13ZOOA08

Funding Source:                     Quality of Life

This is a low bid, lump sum contract.

The Purchasing & Strategic Sourcing Department and Engineering and Construction Management Department recommend award as indicated to MGB Group, Inc., the lowest responsive, responsible bidder.

It is requested that the City Manager by 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 approved 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.

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17.

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

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17.1.

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 an Agreement for Professional Services by and between the CITY OF EL PASO and ACM DESIGNS, LLC DBA AS EXIGO, a Texas Limited Liability Company, for a project known as “NORTHGATE TRANSFER CENTER’’ for an amount not to exceed One Million Three Hundred Ninety Two Thousand Eight Hundred Sixty Five and 00/100 Dollars ($1,392,865.00); and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this agreement.

Representative Robinson commented.

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

Mr. Leo Mendoza, citizen, commented.

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

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18.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

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18.1.

Motion made by Representative Acosta, seconded by Representative Robinson, and unanimously carried to AUTHORIZE the Director of the Purchasing & Strategic Sourcing Department to issue a Purchase Order to Longhorn International Trucks, LTD, a contractor under the Texas Association of School Boards (TASB) BuyBoard, Contract #430-13 (Vehicles, Heavy Duty Trucks)  for the purchase of three (3) Crane Carriers LET2-46 chassis and Texan Waste Equipment, Inc. dba Heil of Texas, a contractor under the Texas Association of School Boards (TASB) BuyBoard, Contract #425-13 (Refuse Bodies, Trailers & Other Bodies) for the purchase of three (3) 25 Yard Rear Loader Refuse Bodies.    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 Texas Association of School Boards (TASB) BuyBoard Cooperative Purchasing Program was approved by Mayor and City Council on August 21, 2007. 

Department:                                    Facilities and Fleet Management

Award to:          Vendor 1                Longhorn International Trucks, LTD

                                                        Austin, TX

Unit Price:                                       $169,924.00

Total Estimated Award:                  $509,772.00 (3 units)

Award to:          Vendor 2                Texan Waste Equipment, Inc. dba Heil of Texas

                                                        San Antonio, TX

Unit Price:                                       $99,869.00

Total Estimated Award:                  $299,607.00 (3 units)

Total Estimated Award:                  $809,379.00 (Vendor 1 and Vendor 2)

Account No.:                                   334-34080-580290-3150-PESD00150-P3484

Funding Source:                             Vehicular Equipment, Environmental Services –

                                                        Capital, All Years

Reference No.:                               2015-903

This is a Cooperative, unit price contract.

Mayor Leeser commented.

Ms. Deniese Baisley, Purchasing Agent, commented.

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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

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19.

Goal 3: Promote the Visual Image of El Paso

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ITEMS 19.1.1 AND 19.1.2. TAKEN TOGETHER

19.1.1.

ORDINANCE 018352

The City Clerk read an Ordinance entitled:  AN ORDINANCE CHANGING THE ZONING OF A PORTION OF LOT 15 AND ALL OF LOT 16, BLOCK 266, CAMPBELL ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS, AND LOTS 11 THROUGH 12, BLOCK 266, CAMPBELL ADDITION, 400 RIO GRANDE AVENUE AND 405 MONTANA AVENUE, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM A-2 (APARTMENT) TO C-1 (COMMERCIAL), AND IMPOSING A CONDITION. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 400 RIO GRANDE AVENUE AND 405 MONTANA AVENUE. PROPERTY OWNER: ASLM, LTD. PZRZ14-00038

Representative Niland commented.

Mr. David Coronado, City Development Program Manager, read revision into the record.

Motion duly made by Mayor Pro Tempore Niland, seconded by Representative Lilly, that the Ordinance be ADOPTED, AS REVISED.  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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

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

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19.1.2.

ORDINANCE 018353

The City Clerk read an Ordinance entitled:  AN ORDINANCE GRANTING SPECIAL PERMIT NO. PZST14-00027, TO ALLOW FOR OFF-STREET PARKING SERVING ANOTHER PROPERTY, ON THE PROPERTY DESCRIBED AS LOTS 1 THROUGH 10, BLOCK 266, CAMPBELL ADDITION, CITY OF EL PASO, EL PASO COUNTY TEXAS; LOTS 17 THROUGH 20, BLOCK 266, CAMPBELL ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS; A PORTION OF LOT 15 AND ALL OF LOT 16, BLOCK 266 CAMPBELL ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS, AND LOTS 11 THROUGH 12, BLOCK 266, CAMPBELL ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS, 400 RIO GRANDE AVENUE, 416 RIO GRANDE AVENUE, 405 MONTANA AVENUE AND 415 MONTANA AVENUE PURSUANT TO SECTION 20.10.410, OFF STREET PARKING SERVING ANOTHER PROPERTY OF THE EL PASO CITY CODE. THE PENALTY BEING AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 400 RIO GRANDE AVENUE, 416 RIO GRANDE AVENUE, 405 MONTANA AVENUE AND 415 MONTANA AVENUE. PROPERTY OWNER: ASLM, LTD. PZST14-00027

Representative Niland commented.

Mr. David Coronado, City Development Program Manager, read revision into the record.

Motion duly made by Mayor Pro Tempore Niland, seconded by Representative Lilly, that the Ordinance be ADOPTED, AS REVISED.  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 Lilly, Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

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

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19.2.

ORDINANCE 018354

The City Clerk read an Ordinance entitled:  AN ORDINANCE RELEASING ALL CONDITIONS PLACED ON PARCEL 1 BY ORDINANCE NO. 14596 AND 16499 WHICH CHANGED THE ZONING OF LOT 1, BLOCK 1, MEDANO HEIGHTS REPLAT A, 5720 DESERT NORTH BOULEVARD, 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: 5720 DESERT NORTH BOULEVARD. PROPERTY OWNER: E.P. SUMMIT INVESTMENTS, L.P. PZCR15-00001

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

NAYS: None

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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19.3.

ORDINANCE 018355

The City Clerk read an Ordinance entitled:  AN ORDINANCE CHANGING THE ZONING OF LOT 27, BLOCK B, PIONEER SUBDIVISION, 6550 MOHAIR DRIVE, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM R-4/SP (RESIDENTIAL/SPECIAL PERMIT) TO R-4 (RESIDENTIAL). THE PENALTY IS AS PROVIDED IN CHAPTER 20.24 OF THE EL PASO CITY CODE. APPLICANT: THE CITY OF EL PASO, LOCATION: 6550 MOHAIR DRIVE PZRZ14-00045

Mr. David Coronado, City Development Program Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representative Robinson commented.

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

NAYS: None

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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19.4.

ORDINANCE 018356

The City Clerk read an Ordinance entitled:  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.

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

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Noe

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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REGULAR AGENDA - OTHER BUSINESS

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20.

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

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20.1.

Presentation and discussion by Project Arriba, Advanced Retraining and Redevelopment Initiative in Border Areas, Inc. (“Grantee”) on their mid-year report (September 1, 2014 – March 31, 2015), on the status of fundraising activities, the use of grant funds and progress in the performance measures during FY 2015, as required under the reporting metrics in the 380 grant agreement.

Mr. Cary Westin, Economic Development Managing Director, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mr. Roman Ortiz, Chief Executive Officer for Project Arriba, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representatives Acosta, Robinson, Limón, and Niland commented.

NO ACTION taken on this item.

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21.

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

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21.1.

R E S O L U T I O N

            WHEREAS, the City of El Paso is eligible to receive grants from the Texas Department of Motor Vehicles through the Automobile Burglary and Theft Prevention Authority (ABTPA) grant program, to provide financial support to the El Paso Police Department for automobile theft enforcement teams and to combat automobile burglary in El Paso, pursuant to the provisions of the Texas Revised Civil Statutes Article 4413(37) and Texas Administrative Code Title 43; Part 3; Chapter 57; and

            WHEREAS, the El Paso City Council finds that the FY2016 ABTPA grant program will assist the City of El Paso to combat automobile burglary and theft; and

            WHEREAS, the El Paso City Council agrees that in the event of loss or misuse of the ABTPA grant funds, the City of El Paso assures that the grant funds will be returned in full to ABTPA.

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

1.    That the El Paso City Council approves submission of the FY2016 grant application to the ABTPA for the benefit of the El Paso Police Department’s Auto Theft Task Force, also known as the El Paso County Auto Burglary and Theft Prevention Task Force.

2.    That the El Paso City Manager, or designee, is designated as the Authorized Official to apply for, accept, reject, alter, terminate, or execute all necessary documents related to the FY2016 ABTPA grant in the amount of one million, three hundred sixty thousand, seven hundred twenty-seven and 00/100 dollars ($1,360,727.00) for the El Paso Police Department’s Auto Theft Task Force to deter auto burglary, theft and related crimes.

3.    That the City of El Paso agrees to provide a cash match in the amount of three hundred forty thousand, one hundred eighty-two and 00/100 dollars ($340,182.00), and an in-kind match in the amount of one million, six hundred seventy-two thousand, seven hundred forty-seven and 00/100 dollars ($1,672,747.00).

4.    That the El Paso Police Department’s Auto Theft Task Force Lieutenant, or designee, is designated as the Program Director for this grant; and

5.    That the City of El Paso’s Chief Financial Officer, or designee, is designated as the Financial Officer for this grant.

Representatives Robinson and Niland commented.

Assistant Chief Police Michelle Gardner commented.

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

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22.

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

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22.1.

Presentation on status of Capital Projects:  

Pendale Environmental Services Remodel, District 7, Ismael Galvez, 212-1858.

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

NO ACTION taken on this item.

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23.

MAYOR AND COUNCIL

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23.1.

Overview of Strategic Plan Goal Team Reporting

Representative Limón commented.

Ms. Nancy Bartlett, Chief Performance Officer, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mr. Tommy Gonzalez, City Manager, commented.

NO ACTION taken on this item.

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23.2.

Presentation of Strategic Plan - Goal 1

Mr. Cary Westin, Economic Development Managing Director, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representative Acosta commented.

NO ACTION taken on this item.

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EXECUTIVE SESSION

Motion made by Representative Romero, seconded by Mayor Pro Tempore Niland, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 12:09 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:

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

Motion made by Mayor Pro Tempore Niland, seconded by Representative Noe, and unanimously carried to adjourn the Executive Session at 1:44 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

NOT PRESENT FOR THE VOTE: Representative Robinson

EX1.

Rene Ebarguen v. City of El Paso, Texas; Cause No. 2011-1417; 34th Judicial District Court; Matter No. 11-1006-073. (551.071)

Motion made by Mayor Pro Tempore Niland, seconded by Representative Romero and unanimously carried that the City Attorney’s Office be authorized settlement authority in the lawsuit entitled Rene Ebarguen, vs. City of El Paso (11-S-20) pending in 34th District Court under Cause No. 2011-1417.  The City Attorney is authorized to sign all documents to effectuate this authority under Matter No. 11-1006-073 as recommended by the City Attorney.

NOT PRESENT FOR THE VOTE: Representative Robinson

EX2.

Claim of Ms. Toby Kerch, our file 15-1041-1056.  (551.071)

Motion made by Mayor Pro Tempore Niland, seconded by Representative Lilly and unanimously carried that the City Attorney’s Office be authorized to deny the claim of TOBY KERCH in its entirety, Matter No. 15-1041-1046.

Mayor Leeser commented.

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

Ms. Toby Kerch commented.

EX3.

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

NO ACTION taken on this item.

EX4.

H.B 1535 (551.071)

NO ACTION taken on this item.

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ADJOURN

Motion made by Mayor Pro Tempore Niland, seconded by Representative Lilly, and unanimously carried to ADJOURN this meeting at 1:52 p.m.

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APPROVED AS TO CONTENT:

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Richarda Duffy Momsen, City Clerk