		City Council
Oscar Leeser		Peter Svarzbein, District 1
Mayor		Jim Tolbert, 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 17, 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 8:01 a.m. Mayor Oscar Leeser present and presiding and the following Council Members answered roll call: Peter Svarzbein, Emma Acosta, Michiel Noe, and Lilia Limón. Late arrivals: Carl L. Robinson at 8:02 a.m., Claudia Ordaz at 8:05 a.m., and Cortney Niland at 8:06 a.m. The invocation was given by Rabbi Ben Zeidman, followed by the Pledge of Allegiance to the Flag of the United States of America

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INVOCATION BY RABBI BEN ZEIDMAN

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PLEDGE OF ALLEGIANCE

Henderson Middle School

National Chess Champions

Manny Tejada Leo Gonzalez

Christopher Carmona Brandon Caballero

Lirio Gomez Clara Calixtro

Eduardo Retana Rene Rodriguez

Jose Vanegas Pedro Escobar

Ariana De la Cruz Hayley De la Cruz

Zahira Pichardo Myla Rosario

Paola Macias Mia Martinez

Gabriela Maese Luz Medina

Aileen Martinez Ivorie Carreon

Aime Argandona Saul Ramirez

Sebastian Fraire Derek Almeida

Juan Ramirez Steven Muro

Carlos Araujo David Ramirez

Emmanuel Mercado Isaac Ramirez

Pedro Cuellar Jordan Chavarria

David Mares Kevin Garcia

Carlos Palomino Steven Mejia

Irving Ramirez

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REGULAR AGENDA - OTHER BUSINESS

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MUNICIPAL CLERK:

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1.1.

R E S O L U T I O N

RESOLUTION CANVASSING RETURNS

OF THE 2016 SPECIAL ELECTION FOR

DISTRICT REPRESENTATIVE NO. 2

THE STATE OF TEXAS )

)

COUNTY OF EL PASO )

WHEREAS, the City Council of the City of El Paso ordered an election to be held in said City on May 7, 2016, for the purpose of filling the vacancy in the office of Representative for District No. 2, as established by and in accordance with the Constitution of the State of Texas and the Texas Election Code; and

WHEREAS, the election officers who held said election have duly made returns of the results thereof, and said returns have been duly delivered to said City Council.

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

1. That the City Council officially finds and determines that said election was duly given, that proper notice of said election was duly given, that proper election officers were duly appointed prior to said election, that said election was duly held, that due returns of the results of said election have been duly made and delivered, that the election returns have properly been made out and duly certified by the officers of said election in the different voting precincts of the City, and that the City Council has duly canvassed said returns, all in accordance with law and the resolution and amendments thereto calling said election.

2. That the City Council officially finds and determines that the following votes were cast at said election for the following officers by the resident, qualified electors of said City, who voted at the election:

DISTRICT REPRESENTATIVE NO. 2

Dolores Garcia Baca 124 (6.55%)

Cemelli De Aztlan 285 (15.05%)

Abraham Monteros 78 (4.12%)

Gordon Ray Thatcher 79 (4.17%)

David Nevarez 55 (2.90%)

Jim Tolbert 1132 (59.77%)

Rene Abilez 63 (3.33%)

Angel Del Toro 78 (4.12%)

3. That in the case of the following office, the following person who received more than a 50% majority of the votes cast for candidates for such office is hereby declared elected to such office for the remaining term, or until the election and qualification of their successors, subject to the proper issuance of certificates of election by the presiding officer, and that the number of votes cast for each person who was a candidate for such offices, according to the returns, is shown in paragraph 2 hereof:

DISTRICT REPRESENTATIVE NO. 2

Jim Tolbert

4. That on file in the City Clerk's Office and made a part hereof by reference are copies of the mechanical precinct tabulations of the votes cast at the 2016 Special Election showing the number of votes cast in each precinct for each candidate.

5. That this Resolution is adopted subject to the right of any candidate to contest such election in any way provided by law.

6. That this Resolution was acted upon in accordance with the law by the presiding officer and the City Council and was deemed by said City Council that upon passage of the Resolution, it shall take effect immediately.

7. This Resolution shall be spread upon the minutes of the City Council, and the City Clerk shall record the amendments so adopted in the separate book kept in her office for such purpose.

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

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

NAYS: None

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The City Council Meeting was RECESSED at 8:11 a.m.

The City Council Meeting was RECONVENED at 8:15 a.m.

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THE CITY COUNCIL MEETING WILL RECESS FOR THE OATH OF OFFICE CEREMONY FOR JIM TOLBERT, CITY REPRESENTATIVE DISTRICT 2.

CITY COUNCIL THEN WILL RECONVENE THE MEETING AND PROCEED WITH THE ITEMS LISTED ON THIS AGENDA.

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NOTICE TO THE PUBLIC

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

NAYS: None

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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 May 3, 2016, the Legislative Review Meeting of the Whole of May 2, 2016, and the Special City Council Meeting of May 2, 2016.

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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

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REQUEST TO EXCUSE CITY COUNCIL MEMBERS:

NO ACTION taken on this item.

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ACTION ON THE FOLLOWING RESOLUTIONS:

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CONSENT AGENDA - RESOLUTIONS:

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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

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 ABTPA FY2017 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; and

WHEREAS, the ABTPA Board voted that FY2016 grants will be extended into FY2017, and FY2017 Requests for Application will not be issued.

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

1. That the City Manager, or designee, be authorized to submit an ABTPA FY2017 budget summary in the amount of $937,955.00 to extend the FY2016 grant into FY2017, and to alter, decline, modify, terminate and/or execute all necessary documents related to the extension.

2. That the City of El Paso agrees to provide a cash match in the amount of $398,000.00 and in-kind match of salaries for up to 17 sworn officers for the Police Department’s Auto Theft Task Force.

3. That the El Paso Police Department Auto Theft Task Force Lieutenant or designee is designated as the Program Director.

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

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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 Mayor be authorized to sign an Interlocal Agreement between the City of El Paso (“City”) and the County of El Paso (“County”), to reimburse the City for police officer services associated with the El Paso County Veteran’s Court program. These services, previously funded by the City, are now eligible for reimbursement under grant funds from the Texas Veterans Commission Fund for Veterans’ Assistance. The term allows reimbursement of work performed during the period of January 1, 2015 to December 31, 2015. The County will provide funding in the amount up to $34,040.00 for salary and up to $8,510.00 for fringe benefits. No cash match or in kind match required from the City of El Paso.

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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

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

That the City Council hereby waives the two factor requirement to designate a property with an infill development overlay pursuant to Municipal Code 20.10.280A for the following property legally described as Tract 16-B-1, Block 13, Ysleta Grant, 8151 Carpenter Drive, City of El Paso, El Paso County, Texas.

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

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5.1.

*R E S O L U T I O N

WHEREAS, on December 30, 2014 the City entered into Contract No. 2015-330 (Library – Security Guard Services) Group 2, Item 1 and 2 (Museum of History and Museum of Archeology) with Ruiz Protective Service, Inc.; and

WHEREAS, the funds appropriated for Contract No. 2015-330 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 Ruiz Protective Service, Inc., that the City is terminating Contract No. 2015-330 (Library – Security Guard Services) Group 2, Item 1 and 2 (Museum of History and Museum of Archeology), for convenience pursuant to the provisions and requirements of Paragraph 8A of the Contract Clauses, and that the termination shall be effective as of June 5, 2016.

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

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6.1.

*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 and accept on behalf of the City a Public Right-of-Way Dedication Deed from the El Paso Electric Company dedicating to the City a 0.1005 acre piece of land to be used as a public right-of-way, described as being a portion of Tract 1, Section 8, Block 79, Township 3, Texas & Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas, and being more fully described by metes and bounds and survey in Exhibit “A” attached hereto and made a part hereof. The area will be added to the abutting right-of-way in order for the existing sidewalk along Diamond Head Drive to be fully included within public right of way.

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6.2.

*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 Local Transportation Project Advance Funding Agreement by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the funding for the multimodal street improvements for pedestrian, bicycles, and vehicles on Riverbend Drive from Sunset Road to Frontera Road, as part of the Congestion Mitigation and Air Quality (CMAQ) Project Off-System, for a total project amount cost of $1,062,730.00 with a required City participation of $54,584.00.

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Goal 8: Nurture and Promote a Healthy, Sustainable Community

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7.1 TAKEN WITH ITEMS 9.1 THROUGH 9.5

7.1.

R E S O L U T I O N

WHEREAS, On January 11, 2016, during a discussion of City Policies for 2016 Low Income Housing Tax Credits (LIHTC), Council requested the establishment of an advisory group to address the issue of Affordable Housing; and

WHEREAS, Section 4.1.B of the Charter for the City of El Paso provides the Mayor with the authority to appoint with the consent of Council members to citizen advisory boards and commissions;

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

1. That the City of El Paso Blue Ribbon Working Group on Affordable Housing (the “Working Group”) is established, and that the established Working Group will review and evaluate the City’s Affordable Housing practices and policies.

2. The Mayor will appoint the members to the Working group. The City Attorney’s Office will provide legal support to the Committee, as necessary.

3. The Working Group will be tasked with providing recommendations for the strategic location of affordable housing.

4. The Working Group will provide its recommendations by no later than the July 26, 2016 City Council meeting.

5. The Working Group will disband following the delivery of its report with its recommendations.

Representative Acosta commented.

Mr. Juan Gonzalez, Assistant City Attorney, read revision into the record and gave legal advice.

Ms. Veronica Soto, Director of Community and Human Development, commented.

1^ST MOTION

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

2^ND AND FINAL MOTION

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

AYES: Representatives Svarzbein, Tolbert, Acosta, Robinson, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Noe

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7.2.

*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 Consent to Assignment of Contract from International Laundry Services & Supply, Inc. to Mission Linen Supply dba Mission Linen Supply Inc. with respect to the City of El Paso’s Contract No. 2014-040 Cleaning Supplies- Animal Shelter.

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CONSENT AGENDA - BOARD RE-APPOINTMENTS:

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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 to RE-APPOINT Emmanuel Echeverria to the Ethics Review Commission by Representative Lily Limón, District 7.

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8.2.

*Motion made, seconded, and unanimously carried to RE-APPOINT Maria Teresa Ramirez to the Civil Service Commission by Representative Emma Acosta.

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CONSENT AGENDA - BOARD APPOINTMENTS:

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Goal 8: Nurture and Promote a Healthy, Sustainable Community

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ITEMS 9.1 THROUGH 9.5 TAKEN WITH ITEM 7.1

9.1.

1^ST MOTION

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

2^ND AND FINAL MOTION

Motion made by Representative Svarzbein, seconded by Representative Niland, and unanimously carried to APPOINT Al Velarde to the Mayor’s Blue Ribbon Working Group for Affordable Housing.

AYES: Representatives Svarzbein, Tolbert, Acosta, Robinson, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Noe

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9.2.

1^ST MOTION

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

2^ND AND FINAL MOTION

Motion made by Representative Svarzbein, seconded by Representative Niland, and unanimously carried to APPOINT Carmen Byers to the Mayor’s Blue Ribbon Working Group for Affordable Housing.

AYES: Representatives Svarzbein, Tolbert, Acosta, Robinson, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Noe

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9.3.

1^ST MOTION

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

2^ND AND FINAL MOTION

Motion made by Representative Svarzbein, seconded by Representative Niland, and unanimously carried to APPOINT Bill Schlesinger to the Mayor’s Blue Ribbon Working Group for Affordable Housing.

AYES: Representatives Svarzbein, Tolbert, Acosta, Robinson, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Noe

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9.4.

1^ST MOTION

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

2^ND AND FINAL MOTION

Motion made by Representative Svarzbein, seconded by Representative Niland, and unanimously carried to APPOINT Ray Adauto to the Mayor’s Blue Ribbon Working Group for Affordable Housing.

AYES: Representatives Svarzbein, Tolbert, Acosta, Robinson, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Noe

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9.5.

1^ST MOTION

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

2^ND AND FINAL MOTION

Motion made by Representative Svarzbein, seconded by Representative Niland, and unanimously carried to APPOINT Noemi Tovar to the Mayor’s Blue Ribbon Working Group for Affordable Housing.

AYES: Representatives Svarzbein, Tolbert, Acosta, Robinson, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Noe

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CONSENT AGENDA - NOTICE FOR NOTATION:

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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 $500.00 from Hyundai El Paso and $500 from El Paso Community College for District 7 Summer Fun Programs.

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10.2.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $250.00 from Fred Loya Insurance Agency for District 7 Summer Fun Programs.

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10.3.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $100.00 from Jose Limon for District 7 Summer Fun Programs.

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10.4.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $1,000 from Tropicana Properties II, LLC for District 8 “Movies in the Park”.

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10.5.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $500 from Texas Gas Service for District 8 “Movies in the Park”.

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10.6.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $500.00 from Freeport McMoran for District 7 Summer Fun Programs.

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10.7.

*Motion made, seconded, and unanimously carried to ACCEPT the donation of $1000.00 from Tropicana Properties II, LLC; $500 from Veliz Company, LLC for District 3 - 5th Annual Movies Under the Stars.

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CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

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11.

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

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11.1.

*Motion made, seconded, and unanimously carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing Department to exercise the City’s option to extend current Contract 2013-138 Ford Motor Company Proprietary Parts with Leif Johnson Ford II LTD for two (2) additional years pursuant to the provisions of an award approved by the City Council on August 27, 2013. The extended contract period will be from August 26, 2016 to August 25, 2018.

Department: Fire

Award to: Leif Johnson Ford II LTD

Austin, TX

Option: One of One

Annual Estimated Amount: $120,000

Total Estimated Amount: $240,000 (2 years)

Account No.: 322 – 22090 – 1000 –P2216 – 531180

Funding Source: General Fund – Vehicle Maintenance Supplies

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CONSENT AGENDA - BEST VALUE PROCUREMENTS:

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12.

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

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12.1.

*Motion made, seconded, and unanimously carried to REJECT all bids received for Solicitation No. 2016-580 Animal Transport Vehicles as recommended by the Purchasing & Strategic Sourcing Department and Streets & Maintenance Department due to error in their bid.

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MAYOR’S PROCLAMATIONS

Better Hearing and Speech Month

Underage Drinking Prevention Day

Price’s Creameries May Day CPR Event

National Kids to Parks Day

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RECOGNITIONS

1. Major General M. Stephen M. Twitty

2. Project Bravo’s 50th Anniversary

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

The following mRembers of the public commented:

Mr. Richard Bonart
Ms. Susie Byrd
Mr. Joe Molinar
Dr. Max Grossman
Mr. Jeff Silvas
Ms. Sarah Garcia
Ms. Melissa Kirkham
Ms. Sallie Roberts
Mr. Salvador Gomez

10. Ms. Kathy Howell

11. Ms. Wally Cech

12. Ms. Hilda Finn

13. Ms. Patricia Johnson

14. Ms. Christi DeBates

15. Mr. Pierre Andre Euzarraga

Mayor Leeser and Representatives Ordaz, Niland, and Svarzbein commented.

The following City staff members commented:

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

REGULAR AGENDA - FIRST READING OF ORDINANCES

Motion made by Representative Niland, seconded by Representative Acosta, 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: Representative Noe

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13.

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

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13.1.

An Ordinance amending Title 18 (Building & Construction), Chapter 18.18 (Outdoor Lighting Code), Article X (Other Exemptions), Section 18.18.330 (State and Federal Facilities) of the El Paso City Code, to add an exemption for the City owned facilities, the penalty is as provided for in Chapter 18.18.400 of the El Paso City Code.