City Council

Dee Margo

Peter Svarzbein, District 1

Mayor

Alexsandra Annello, District 2

Cassandra Hernandez, District 3

Sam Morgan, District 4

Tommy Gonzalez

Isabel Salcido, District 5

City Manager

Claudia Ordaz Perez, District 6

Henry Rivera, District 7

Cissy Lizarraga, District 8

MINUTES FOR REGULAR COUNCIL MEETING

May 28, 2019

COUNCIL CHAMBERS, CITY HALL

9:00 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 9:05 a.m. Mayor Dee Margo present and presiding and the following Council Members answered roll call: Peter Svarzbein, Alexsandra Annello, Sam Morgan, Isabel Salcido, Claudia Ordaz Perez, Henry Rivera, and Cissy Lizarraga. Late arrival: Cassandra Hernandez at 9:13 a.m. The invocation was given by Police, Fire and CIMA Chaplain Sam Faraone followed by the Pledge of Allegiance to the Flag of the United States of America.

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INVOCATION BY POLICE, FIRE, AND CIMA CHAPLAIN SAM FARAONE

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PLEDGE OF ALLEGIANCE

Mesita Elementary 5th Grade Girl Scout Junior Troop #65904 at the invitation of District 1 Representative Peter Svarzbein:

Lucia Haugh

Frances Gunn

Janna Safa

Katherine Navidomskis

Madeline Ihorn

Zuzeth Gonzalez

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MAYOR’S PROCLAMATIONS

Jacob Sean Rodriguez (The Monster) Day

Highlander Soccer Day

Eagles Soccer Day

International Internal Audit Awareness Month

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RECOGNITIONS BY MAYOR

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Conquistador Award – Rosa Guerrero

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NOTICE TO THE PUBLIC

Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, 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, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

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 the Minutes of the Regular City Council Meeting of May 14, 2019, the Agenda Review Meeting of May 13, 2019 and the corrected minutes for the Regular City Council Meeting of April 17, 2007.

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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

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REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

NO ACTION was taken on this item.

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CONSENT AGENDA - RESOLUTIONS:

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

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3.1.

*R E S O L U T I O N

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

That the Director of Aviation be authorized to sign and submit a grant application and related documentation to the Federal Aviation Administration (FAA) and be designated the official representative of the City of El Paso to act in connection with the application process for the Airport Improvement Program (AIP) Project No. 3-48-0077-039-2019;

That upon approval and issuance of such grant by the FAA, the City Manager be authorized to accept and sign the grant agreement, any related grant modifications, and other necessary documents when the form and substance of those documents has been reviewed and approved by the City Attorney’s Office, and that such authorization will include the ability to accept and sign multiple agreements and documents, as the FAA grant may be issued in various disbursements;

That the City Manager be authorized to approve and sign any budget transfers needed to establish appropriations in connection with this grant, and

That the total grant amount shall include a federal estimated share of $6,491,522.00 and an estimated match of $714,614.00 to be paid for with Airport Enterprise Funds for the following projects:

Relocation of Taxiway Mike (Design)
Realignment & Extension of Taxiway Victor

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

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4.1.

*R E S O L U T I O N

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

WHEREAS, the El Paso City Council finds that the ABTPA FY2020 grant program is beneficial to the community and 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:

That the City Manager, or designee, is authorized to submit an Automobile Burglary and Theft Prevention Authority FY2020 grant application and to alter, decline, modify, terminate and/or execute all necessary documents related to the grant;

That the El Paso Police Department Auto Theft Task Force Lieutenant, or designee, is designated as the Program Director; and

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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4.2.

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 an Interlocal Agreement by and between the City of El Paso and the Texas Department of Motor Vehicles described as the “Scofflaw Services Contract for Marking Texas Motor Vehicle Registration Records” to allow the Municipal Clerk to transmit vehicle information regarding outstanding arrest warrants to the Texas Department of Motor Vehicles for statewide flagging and El Paso County Vehicle Registration holds.

Representatives Svarzbein and Annello commented.

Ms. Lilia Worrell, Municipal Court Director, commented.

1^ST MOTION

*Motion made, seconded and unanimously carried to MOVE the item to the Regular Agenda.

2^ND MOTION

Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried to APPROVE the Resolution.

NOT PRESENTFOR THE VOTE: Representative Svarzbein

3^RD MOTION

Motion made by Representative Svarzbein, seconded by Representative Annello, and unanimously carried to RECONSIDER the item.

4^TH AND FINAL MOTION

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

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: Representative Annello

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Goal 3: Promote the Visual Image of El Paso

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5.1.

*R E S O L U T I O N

A RESOLUTION APPROVING A DETAILED SITE DEVELOPMENT PLAN FOR TRACTS 48, 49 AND A PORTION OF TRACT 48A, NELLIE D. MUNDY SURVEY NO. 241, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTIONS 20.04.140 AND 20.04.150 OF THE EL PASO CITY CODE. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE.

WHEREAS, Project vida, (the "Owner") has applied for approval of a detailed site development plan which requires City Plan Commission and City Council approval due to an existing zoning condition under Sections 20.04.140 and 20.04.150. The detailed site development plan is subject to the development standards in the a-m/c (Apartment-mobile home park/condition District regulations and subject to the approved Detailed Site Development Plan signed by the Applicant, the City Manager and the Executive Secretary to the City Plan Commission. A copy of this plan is attached hereto as Exhibit "B" and is incorporated herein by reference for all purposes; and,

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

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

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

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

1. Pursuant to requirements, the City Council hereby approves the detailed site development plan submitted by the Applicant as required under Sections 20.10.140 and 20.10.150:

TRACTS 48, 49 AND A PORTION OF TRACT 48A, NELLIE D. MUNDY SURVEY NO. 241, City of El Paso, El Paso County, Texas, and as more particularly described on the attached Exhibit “A”.

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

3. All construction and development on the property shall be done in accordance with the approved detailed site development plan and the development standards applicable in the A-M/C (APARTMENT-MOBILE HOME PARK/CONDITION) District regulations.

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

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

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CONSENT AGENDA - BOARD RE-APPOINTMENTS:

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

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6.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Mario A. Porras to the Committee on Border Relations by Representative Cassandra Hernandez, District 3.

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

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7.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Al Jurado Jr. to the Building and Standard Commission by Representative Isabel Salcido, District 5.

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CONSENT AGENDA - BOARD APPOINTMENTS:

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

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8.1.

*Motion made, seconded, and unanimously carried to APPOINT Christa J. Madera to the Parks and Recreation Advisory Board by Representative Isabel Salcido, District 5.

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Goal 8: Nurture and Promote a Healthy, Sustainable Community

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9.1.

*Motion made, seconded, and unanimously carried to DELETE the appointment of Ryan Urrutia, as a County Official Representative, to the Animal Shelter Advisory Committee by Representative Claudia Ordaz Perez.

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CONSENT AGENDA - NOTICE FOR NOTATION:

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10.

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

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10.1.

*Motion made, seconded, and unanimously carried to ACCEPT a notation pursuant to Section 2.92.110 of the City Code, receipt of the following campaign contributions by Mayor Margo: $100.00 from Jose A. Hinojosa Jr.

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CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

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11.

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

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11.1.

1^ST MOTION

*Motion made, seconded, and unanimously carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing to issue a Purchase Order to MG Evergreen, LLC referencing Contract 2018-712 City Wide New Median Maintenance. This change order is to increase the contract by $230,000.00 for a total amount not to exceed $3,599,400.95. The change order will allow the City to utilize this contract as the primary tool to clean landscaped medians on state right of way until August 31, 2019; Additionally that the Director of Purchasing & Strategic Sourcing be authorized to issue an additional change order if necessary in the amount $230,000.00 administratively and if funding is identified.

Department: Streets and Maintenance

Award to: MG Evergreen, LLC

El Paso, Texas

Total Estimated Amount: $230,000.00

Account No.: 532 – 522210 – 32120 – P3215-2305

Funding Source Environmental Fee Fund - Groundskeeping Contracts

District(s): All

This is a Best Value, unit price type contract.

Mr. Ted Marquez, Deputy City Manager, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

Representatives Svarzbein and Annello commented.

Mr. Tommy Gonzalez, City Manager, commented.

Mr. Steve Warren, TxDOT Lubbock District Engineer, commented.

2^ND MOTION

Motion made by Representative Annello, seconded by Representative Hernandez, and unanimously carried to RECONSIDER the item.

3^RD AND FINAL MOTION

Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Annello, and unanimously carried to APPROVE the item.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

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CONSENT AGENDA - BIDS:

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12.

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

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12.1.

*Motion made, seconded, and unanimously carried to AWARD Solicitation 2019-806 2019 Roadway Pavement Striping to Pavement Marking, LLC for an initial term estimated total award of $132,750.00. The award is to include a two (2) year optional amount of $132,750 for a total of a four (4) year award of $265,500. Contract will consist of on demand application of thermoplastic striping and markings on City owned right-of-way, in accordance with TxDoT Manual of Uniform Traffic Control Devices, as needed or required for special projects and/or maintenance activities.

Department: Streets and Maintenance

Award to: Pavement Marking, LLC.

Tempe, AZ

Item: Base bid

Initial Term: 735 Consecutive Calendar Days

Option to Extend: 2 years

Base Bid: $132,750.00

Initial Term Estimated Award: $132,750.00 (2 years)

Option Estimated Award: $132,750.00 (2 years)

Total Estimated Award: $265,500.00 (4 years)

Account No.: 532 – 4351 – 32020 – P3254 - 522270

532 – 1000– 32020 - P3254 – 532030

Funding Source: Red Light Camera and General Fund Public Accesses Maintenance & Repair

District: All

This is a Low bid, unit price contract.

The Purchasing and Strategic Sourcing, Capital Improvement, and Streets & Maintenance Departments recommend award as indicated to Pavement Marking, LLC, the lowest responsive, responsible bidder. In accordance with this award, the City Manager or designee is authorized to exercise future options if needed.

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.

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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

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13.

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

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13.1.

Motion made by Representative Svarzbein, seconded by Representative Annello, and unanimously carried to AWARD Solicitation 2019-829 Montoya Heights Sidewalk Improvements, Ethel Street Reconstruction and Annie Street Reconstruction to KARLSRUHER,INC. dba CSA Constructors for an estimated total award of $1,681,946.39. The project includes the full reconstruction of Ethel St. from Montoya to Edgar and Annie St. from Ethel to Dead End. The project will provide new asphalt roadway, curb and gutter, parkways with landscaping, sidewalks, driveways and safety lighting. The project also includes improvements to various streets as follow: Johannsen Road from Montoya to Coates, Edgar Rd. from Doniphan to Ethel, Montoya Dr, from Doniphan to Johannsen and from Ethel to New subdivision, Ruby Dr. from Ethel to The Park, and Ethel Rd. from Coates to Medano. The project will provide new curb and gutter, asphalt roadway extension, parkways with landscaping, sidewalks and driveways.

Department: Capital Improvement

Award to: KARLSRUHER INC. dba CSA Constructors/ El Paso, TX

Items: All

Initial Term: 210 Consecutive Calendar Days

Base Bid I: $ 290,259.42

Base Bid II: $ 100,947.51

Base Bid Ill: $1,236,345.86

Additive Alternate 1: $ 54,393.60

Total Estimated Award: $ 1,681,946.39

Account No.: 190-4740-28900-580270-PCP19ST015

Funding Source: 2013 Street Infrastructure

District : 1

This is a Competitive Seal Proposal, unit price contract.

The Purchasing & Strategic Sourcing and Capital Improvement Departments recommend award as indicated to KARLSRUHER, INC. dba CSA Constructors, the highest ranked offeror. 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.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

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13.2.

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 an Agreement for Professional Services by and between the CITY OF EL PASO and CEA Engineering group, inc., a Texas Corporation, for a project known as “RAILROAD DRIVE RECONSTRUCTION” for an amount not to exceed ONE MILLION TWO HUNDRED SIXTY ONE THOUSAND NINE HUNDRED EIGHTY TWO AND 66/100 DOLLARS ($1,261,982.66); that the City Engineer is authorized to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if such services are necessary for the proper execution of the project and that the increased amounts are within the appropriate budgets of the project for a total amount of One Million Three Hundred Sixty One Thousand Nine Hundred Eighty Two and 66/100 Dollars ($1,361,982.66); 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 the execution of the Agreement.

Motion made by Alternate Mayor Pro Tempore Morgan, seconded by Mayor Pro Tempore Ordaz Perez, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

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14.

MANAGEMENT UPDATES

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14.1.

Budget Update

*Motion made, seconded, and unanimously carried to MOVE THE ITEM to the end of the Regular Agenda.

Mr. Robert Cortinas, Chief Financial Officer, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

Mayor Margo and Representatives Svarzbein, Annello, Hernandez, Morgan, and Ordaz Perez commented.

The following City staff members commented:

Mr. Tommy Gonzalez, City Manager
Mr. Tracy Novak, Parks and Recreation Director

NO ACTION was taken on this item.

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14.2.

Capital Projects Impact to the Community.

*Motion made, seconded, and unanimously carried to MOVE THE ITEM to the end of the Regular Agenda

Mr. Sam Rodriguez, City Engineer, presented a PowerPoint presentation (copy on file in the City Clerk’s Office)

NO ACTION was taken on this item.

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14.3.

Teen Court Update.

*Motion made, seconded, and unanimously carried to MOVE THE ITEM to the end of the Regular Agenda

This item was reviewed before item 14.1.

Municipal Court Judge Michelle Morales presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

The following Teen Court program participants commented:

Katherine Washington, North West Early College
Fernando Morales, Franklin High School

Mayor Margo and Representatives Morgan, Ordaz Perez, and Lizarraga commented.

Mr. Tommy Gonzalez, City Manager commented.

NO ACTION was taken on this item.

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CALL TO THE PUBLIC – PUBLIC COMMENT

The following members of the public commented:

Mr. Tito Contreras
Mr. Michael Castro
Mr. Richard Dayoub
Mr. Nicholas Anthony Vasquez
Ms. Wally Cech
Mr. Steven Strumer
Ms. Hilda Villegas
Ms. Cemelli de Aztlan
Mr. Guillermo Glenn

Motion made by Alternate Mayor Pro Tempore Morgan, seconded by Representative Rivera, and unanimously carried to SUSPEND THE RULES OF ORDER to allow for Ms. Wally Cech additional time to speak.

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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

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15.

Goal 3: Promote the Visual Image of El Paso

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15.1.

ORDINANCE 018935

The City Clerk read an Ordinance entitled: AN ORDINANCE VACATING A PORTION OF CITY RIGHT-OF-WAY OVER A PORTION OF EDSON AVE. NKA FULLAN STREET, BETWEEN LOTS 1, 2 AND 3, BLOCK A, AND LOTS 1 AND 2, BLOCK B, AND A PORTION OF 18’ ALLEY, BLOCK A, AND A PORTION OF 18’ ALLEY, BLOCK A, HADLOCK ADDITION, CITY OF EL PASO, EL PASO COUNTY, TEXAS. SUBJECT PROPERTY: SOUTH OF ALAMEDA & WEST OF RAYNOLDS; APPLICANT: EL PASO INDEPENDENT SCHOOL DISTRICT; SURW18-00001.

Motion duly made by Representative Lizarraga, seconded by Representative Rivera, and unanimously carried 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 Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

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

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REGULAR AGENDA - OTHER BUSINESS

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16.

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

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16.1.

R E S O L U T I O N

WHEREAS, the City of El Paso (“Lessor”) owns the premises and improvements located at 215 Francis, El Paso, Texas 79905 (“Premises”).

WHEREAS, the University of Texas at El Paso (“Lessee”) is a institution of higher education as that term is defined by Section 61.003 of the Texas Education Code and desires to lease the Premises for purposes of higher education; and

WHEREAS, Lessee desires to enter into a lease agreement with Lessor for use of the Premises for purposes of higher education; and

WHEREAS, pursuant to Section 272.001 (j) of the Texas Local Government Code, the City is authorized to lease property to Lessee as an institution of higher education to promote a public purpose related to higher education and to charge less than its fair market value; and

WHEREAS, Lessor has determined that a public purpose related to higher education will be served by leasing the property to Lessee in accordance with the terms specified herein, together with certain privileges, rights, uses, and interests therein, as hereinafter set out; and

WHEREAS, Lessee is willing and able to use the property solely for the purposes specified in the Lease and to properly keep and maintain said grounds and Lessee’s improvements.

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

THAT the City Manager is hereby authorized to sign, on behalf of the City of El Paso, a lease with the University of Texas at El Paso for the lease of 215 Francis, El Paso, Texas, for a ten-year term, for one dollar ($1.00) per year, with one three-year term extension option.

Mayor Margo commented.

Ms. Jessica Herrera, Economic and International Development Director, commented.

Mr. Ahsan Choudhury, Assistant Vice President for Strategic Initiatives, UTEP College of Engineering, commented.

1^ST MOTION

*Motion made, seconded, and unanimously carried to MOVE THE ITEM to the forefront of the agenda.

2^ND AND FINAL MOTION

Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

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17.

Goal 3: Promote the Visual Image of El Paso

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17.1.

Motion made Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera and carried by City Council to GRANT an exception from the prohibition of the sale of alcoholic beverages within 300 feet of a child-care facility requested from Stepping Out Productions Inc., for the property located at 1610 N. Zaragoza, Suites E1-E3, and legally described as a Portion of Lot 1, Block 433, Vista Del Sol #102, City of El Paso, El Paso County, Texas

City Council grants this exception after notice and public hearing and makes the following determination that the enforcement of the prohibition in this particular instance:

1. Is not in the best interest of the public;

2. Constitutes waste or the inefficient use of land or other resources;

3. Creates an undue hardship on an applicant;

4. Does not serve its intended purpose;

5. Is not effective or necessary; or

6. After consideration of the healthy, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

Representative Annello commented.

Mr. Raul Garcia, Planning and Inspections Program Manager, briefed Council members on the property location.

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: Representative Annello

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17.2.

Motion made by Representative Rivera, seconded by Representative Ordaz Perez and carried by City Council to GRANT an exception from the prohibition of the sale of alcoholic beverages within 300 feet of a public school requested from Tacos Chinampa, for the property located at 800 N. Yarbrough, Suites G-H, and legally described as Lot 4, Block 15, Sageland Unit 4, City of El Paso, El Paso County, Texas

City Council grants this exception after notice and public hearing and makes the following determination that the enforcement of the prohibition in this particular instance:

7. Is not in the best interest of the public;

8. Constitutes waste or the inefficient use of land or other resources;

9. Creates an undue hardship on an applicant;

10. Does not serve its intended purpose;

11. Is not effective or necessary; or

12. After consideration of the healthy, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community.

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: Representative Annello

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18.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

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18.1.

Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Lizarraga and unanimously carried to COMMENCE a 30-day public comment period, as required by the US Department of Housing and Urban Development (HUD), on the City’s Draft 2019-2020 Annual Action Plan for programs, projects and services to be funded under the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Housing Opportunities for Persons with Aids (HOPWA), and Emergency Solutions Grant (ESG) programs.

Mr. Mark Weber, Community and Human Development Planning Manager, and Ms. Nicole Ferrini, Community and Human Development Director, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

Mayor Margo and Representatives Svarzbein, Annello, Hernandez, and Lizarraga commented.

The following members of the public commented:

Mr. John Martin
Ms. Sierra Ulibarri, YWCA, Shirley Leavell Branch
Ms. Kathy Cox, YWCA Director of Strategic Engagement
Ms. Martha Phillips
Ms. Debbie Hand, YWCA Board of Directors
Dr. Sylvia Acosta, YWCA, CEO, Paso del Norte Region
Ms. Francesca Wigle
Ms. Julie Olguin
Ms. Lucia Borrego, Assistant Superintendent SISD

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

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19.

MAYOR AND COUNCIL

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19.1.

Update from the Texas Department of Transportation and discussion and action on reconstruction projects along Mesa Street and Transmountain Highway.

Mr. Steve Warren, TxDOT Lubbock District Manager and Mr. Eddie Valtier, TxDOT Director of Transportation, Planning and Development, briefed Council members.

Mayor Margo and Representatives Svarzbein and Lizarraga commented.

NO ACTION was taken on this item.

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19.2.

Motion made by Alternate Mayor Pro Tempore Morgan, seconded by Representative Annello, and unanimously carried to POSTPONE two weeks the item to approve a resolution rejecting the Migrant Protection Protocols or “Remain in Mexico” Policy Enforced by the Department of Homeland Security.

Mayor Margo and Representatives Svarzbein, Annello, and Morgan commented.

Ms. Karla Nieman, City Attorney, commented.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

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

EXECUTIVE SESSION

Motion made by Representative Annello, seconded by Representative Hernandez, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 1:30 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.089 to discuss any of the following:

Section 551.071 CONSULTATION WITH ATTORNEY

Section 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS

Motion made by Representative Rivera, seconded by Representative Lizarraga, and unanimously carried to adjourn the Executive Session at 4:16 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Annello

EX1.

Public Utility Commission Docket No. 48181, SOAH Docket No. 473-18-5084; Application of El Paso Electric Company to Expand Solar Generation Capacity and Change Rates for the Community Solar Pilot Program; Matter No. 18-1008-108

Ms. Alejandra Chavira, Representative for El Paso Electric, commented.

NO ACTION was taken on this item.

EX2.

Economic Incentives for Redevelopment to be located in the City of El Paso (19-1007-2427)

NO ACTION was taken on this item.

EX3.

Economic Incentives for a Business to be located in the City of El Paso (19-1007-2433)

NO ACTION was taken on this item.

EX4.

Maria Alicia Gaytan v. City of El Paso and Brian Michael Lujan, pending in the U.S. District Court, under Case No. 3:18-CV-00240-DCG; Matter No. 18-1026-9931

Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried that the City Attorney be authorized to REJECT Plaintiff’s settlement demand in the lawsuit styled Maria Alicia Gaytan v. City of El Paso and Brian Michael Lujan, pending in the U.S. District Court, Matter No. 18-1026-9931.

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Annello

EX5.

Claim of Darrin L. Carter; Matter No. 18-1026-9799

Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried that the City Attorney’s Office be authorized to DENY the property damage claim of Darrin L. Carter; DOI: November 3, 2019; Matter No. 18-1026-9799, in its entirety.

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Annello

EX6.

Ysleta Del Sur Pueblo, a federally recognized Indian Tribe v. City of El Paso, filed in the U.S. District Court under Case No. 3:17-CV-00162-DCG; Matter No. 17-1009-561

1^ST MOTION

Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried that the City Attorney be authorized, through outside counsel, to REJECT Plaintiff’s settlement offer made on May 3, 2019, in the lawsuit styled Ysleta Del Sur Pueblo, a federally recognized Indian Tribe v. City of El Paso, pending in the U.S. District Court under Cause No. 3:17-CV-00162-DCG.

The City Attorney is further authorized, through outside counsel, to continue settlement negotiations, and to sign all settlement documents necessary regarding this lawsuit, as recommended by the City Attorney under in Matter No. 17-1009-561.

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Annello

2^NDAND FINAL MOTION

Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Rivera, and unanimously carried that the City Attorney be AUTHORIZED to contact other governmental entities and property owners within the 8,000 acre footprint, that the Ysleta del Sur Pueblo claims ownership rights to, in relation to the lawsuit styled Ysleta Del Sur Pueblo, a federally recognized Indian Tribe v. City of El Paso, pending in the United States District Court, Western District of Texas, under Cause No. 3:17-CV-00162-DCG, under Matter No. 17-1009-561.

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Annello

EX7.

Caples Land Company, LLC v. The City of El Paso, Texas and its Building and Standards Commission pending before the Supreme Court of Texas under Case No. 19-0253; Matter No. 18-1005-1569,

NO ACTON was taken for this item.

EX8.

ITEMS 8 THROUGH 12 WERE TAKEN TOGETHER

In Re: Max Grossman, Relator; Third Court of Appeals; Case #03-19-00001-CV; Matter No. 19-1001-233

EX9.

Max Grossman v. Mark Wolfe, Executive Director, Texas Historical Commission; Third Court of Appeals; Case #03-19-00002-CV; Matter No. 19-1001-237

EX10.

Max Grossman v. City Clerk Laura D. Prine and Mayor Dee Margo, City Representative Peter Svarzbein, City Representative Michiel R. Noe, City Representative Sam Morgan, City Representative Cassandra Hernandez-Brown, City Representative Henry Rivera, City Representative Claudia Ordaz Perez, and City Representative Cissy Lizarraga; 171st District Court No. 2018DCV2172; Matter No. 18-1019-204

EX11.

Ex Parte City of El Paso; Supreme Court of Texas; Case #19-0022; Third Court of Appeals; Travis County, TX, Case #03-17-00566-CV; Matter No. 17-1001-171.002

EX12.

Max Grossman v. City of El Paso; 384th District Court; #2017DCV2528; Matter No. 17-1001-171.001

Motion made by Representative Ordaz Perez, seconded by Representative Rivera, and unanimously carried that the City Attorney be authorized, through outside counsel, to REJECT the settlement offer made by J.P. Bryan and Max Grossman on May 23, 2019, in the following lawsuits styled:

Ex Parte: City of El Paso; Supreme Court of Texas; Case #19-0022; Third Court of Appeals; Travis County, TX, Case #03-17-00566-CV; Matter No. 17-1001-171.002;

In Re: Max Grossman, Relator; Third Court of Appeals; Case #03-19-00001-CV; Matter No. 19-1001-233;

Max Grossman v. Mark Wolfe, Executive Director, Texas Historical Commission; Third Court of Appeals; Case #03-19-00002-CV; Matter No. 19-1001-237;

and Max Grossman v. City of El Paso; 384th District Court; #2017DCV2528; Matter No. 17-1001-171.00.

The City Attorney is further authorized, through outside counsel, to continue settlement negotiations, and to sign all settlement documents necessary regarding these lawsuits, as recommended by the City Attorney.

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Annello

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

ADJOURN

Motion made by Mayor Pro Tempore Ordaz Perez, seconded by Representative Lizarraga, and unanimously carried to ADJOURN this meeting at 4:23 p.m.

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Ordaz Perez, Rivera, and Lizarraga

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Annello

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APPROVED AS TO CONTENT:

____________________________

Laura D. Prine, City Clerk