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

June 9, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

June 8, 2015

9:00 AM

ROLL CALL

INVOCATION BY POLICE CHAPLAIN CARLOS FLORES

PLEDGE OF ALLEGIANCE

Ysleta del Sur Pueblo Pack 67

Ray Granillo

Cristina Gutierrez

Sal Montoya

Brenda Gutierrez

Zion Wilson

Carlos Rodriguez III

Amy Rodriguez

Manny Rubio

Anthony Brian Carrillo

Jacklyn Holguin

Kenndra Granillo

Ezequiel Mendez

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

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

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

MAYOR’S PROCLAMATIONS

1.

National HIV Testing Month

2.

Scleroderma Awareness Day

3.

Dr. Roger Ortiz Day

RECOGNITIONS

Ann Morgan Lilly – Conquistador Award

SPC Joshua Inich – Wall of Giants Award:  Fort Bliss

NOTICE TO THE PUBLIC

All matters listed under the CONSENT AGENDA, including those on the Addition to the Agenda, will be considered by City Council to be routine and will be enacted by one motion unless separate discussion is requested by Council Members. Prior to the vote, members of the audience may ask questions regarding items on the consent agenda. When the vote has been taken, if an item has not been called out for separate discussion, the item has been approved. Council may, however, reconsider any item at any time during the meeting. The wording of all agenda items shall appear in the minutes of this meeting of the City Council as posted, unless otherwise revised by this or other motion of Council, without the necessity of the City Clerk reading the wording of each item into the record.

CONSENT AGENDA - APPROVAL OF MINUTES:

1.

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

1.1.

Approval of Minutes for the Regular City Council Meeting of June 2, 2015, the Legislative Review Meeting of the Whole of June 1, 2015, and the Special City Council Meeting of June 1, 2015.

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

(Attachment)

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS

CONSENT AGENDA - RESOLUTIONS:

3.

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

3.1.

That the temporary sale and service of alcoholic beverages by Sacred Heart Church, in the closed portions of City rights-of-way on East Father Rahm Avenue between South Oregon Street between South Mesa Street from 5:00 p.m. to 11:00 p.m., Saturday, June 13, 2015, and 5:00 p.m. to 9:00 p.m., Sunday, June 14, 2015 is a permissible activity in conjunction with Sacred Heart Church’s Sacred Heart Feast Day Kermess 2015, upon issuance of the required permits from the Texas Alcoholic Beverage Commission and the City of El Paso. (CSEV15-00104)

District 8

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

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

(Attachment)

3.2.

That the temporary sale and service of alcoholic beverages by Bel Air Optimist Club of El Paso, in the closed portions of City rights-of-way on North Santa Fe Street between East Franklin Avenue and West San Antonio Street, West Main Drive between El Paso Street and North Santa Fe Street and Sheldon Court between South El Paso Street and North Santa Fe Street from 6:00 p.m. Friday, June 26, 2015 to 1:00 a.m. Saturday, June 27, 2015; and 6:00 p.m. Saturday, June 27, 2015 to 1:00 a.m. Sunday, June 28, 2015 is a permissible activity in conjunction with Townsquare Media’s El Paso Downtown Street Festival, upon issuance of the required permits from the Texas Alcoholic Beverage Commission and the City of El Paso. (CSEV15-00101)

District 8

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

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

(Attachment)

3.3.

That the Mayor is authorized to enter into an Educational Experience Affiliation Interlocal Agreement between the University of Texas at El Paso and City of El Paso to establish and implement programs involving the students and personnel of the University and the City's Museums and Cultural Affairs Department.

All Districts

Museums and Cultural Affairs, Tracey Jerome, (915) 212-1767

Museums and Cultural Affairs, Ben Fyffe, (915) 212-1766

(Attachment)

3.4.

That the City Manager be authorized to sign an Interlocal Cooperation Contract by and between the City of El Paso and The University of Texas at El Paso, wherein UTEP will provide exercise programs for Senior Citizens of El Paso at the Gary del Palacio Recreation Center located at 3001 Parkwood Street, El Paso, Texas.

All Districts

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

(Attachment)

4.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

4.1.

That the City Manager be authorized to sign the agreement for the Transfer of Vested Development Rights with the Rescue Mission of El Paso Inc. that permits the transfer of vested rights from the sending parcel located at 900/910 Wyoming Street to the receiving parcel(s) located at 130 N. Cotton/221 N. Lee Streets in the City of El Paso and take such actions that are necessary to implement such agreement; and determining that the vested project at 900/910 Wyoming Street is exempt from the special permit requirement under Section 20.10.695 of the City Code of the City of El Paso.

District 8

City Attorney's Office, Bertha Ontiveros, (915) 212-0033

City Manager's Office, Kurt Fenstermacher, (915) 212-1070

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

5.

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

5.1.

Aldina Rosales to the Veterans Affairs Advisory Committee as requested by Representative Claudia Ordaz, District 6.

Representative Claudia Ordaz, (915) 212-0006

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

6.

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

6.1.

That the tax refunds listed on the attachment posted with this agenda be approved. (See Attachment A)

All Districts

Tax Office, David Childs, (915) 212-1736

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

7.

Goal 3: Promote the Visual Image of El Paso

7.1.

Accept the donations of $455.00 in-kind worth donation for a 30 yard roll-off for the Anita Circle Neighborhood clean-up from Bronco Disposal and $80.95 in-kind worth donation from Corner Bakery for a food platter for a District 3 Community Meeting.

Representative Emma Acosta, (915) 212-0003

8.

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

8.1.

Accept the donation of $500.00 from Union Pacific, $500 from Food City, $500 from El Paso Electric, and $500 from Jobe Materials for Music in the Park, District 2.

Representative Larry Romero, (915) 212-0002

8.2.

Accept the donation of $500 from Texas Gas Service for Movies in the Park in District 5.

Representative Michiel R. Noe, (915) 212-0005

8.3.

Accept the donations of $1,000.00 from VEMAC and $500.000 from Texas Gas Service for  District 3 - 5th Annual Movies Under the Stars.

Representative Emma Acosta, (915) 212-0003

8.4.

Accept the donation of $500 from Texas Gas Service for Movies in the Park in District 8.

Representative Cortney Niland, (915) 212-0008

8.5.

Accept the donation of $500 from Jobe Materials, L.P. for Summer Music in the Park in District 4.

Representative Carl L. Robinson, (915) 212-0004

REGULAR AGENDA - FIRST READING OF ORDINANCES

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

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

9.

Goal 3: Promote the Visual Image of El Paso:

9.1.

An Ordinance granting Special Permit No. PZST14-00035, to allow for Infill Development with reduced lot size, lot width, side street setback, and cumulative front & rear yard setbacks on the property described as Lots 16-17 and 23-28, Hill Terrace Addition, 4500 & 4506 Mobile Avenue and 4507, 4513, 4519, 4525, 4531, & 4537 Nashville Avenue, City of El Paso, El Paso County, Texas, Pursuant to Section 20.10.280 Infill Development of the El Paso City Code.  The penalty being as provided in Chapter 20.24 of the El Paso City Code. Subject Property: 4500 & 4506 Mobile Avenue and 4507, 4513, 4519, 4525, 4531, & 4537 Nashville Avenue. Property Owner: ANVIA, L.L.C. PZST14-00035. THIS IS AN APPEAL CASE.

District 2

Planning and Inspections, Andrew Salloum, (915) 212-1613

Planning and Inspections, Arturo Rubio, (915) 212-1613

(Attachment)

PUBLIC HEARING WILL BE HELD ON JUNE 30, 2015

9.2.

An Ordinance granting Special Permit No. PZST15-00013, to allow for Infill Development with side yard and side street yard setback and parking reductions on the property described as all of Lot 17 and the west 1/2 of Lot 18, Block 58, Map of Franklin Heights Addition, 1701 E. Yandell Drive, City of El Paso, El Paso County, Texas, Pursuant to Section 20.10.280 Infill Development of the El Paso City Code.  The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 1701 E. Yandell Drive. Property Owner: PCM Capital Investment, LLC. PZST15-00013

District 8

Planning and Inspections, Andrew Salloum, (915) 212-1613

Planning and Inspections, Arturo Rubio, (915) 212-1613

(Attachment)

PUBLIC HEARING WILL BE HELD ON JUNE 30, 2015

10.

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

10.1.

An Ordinance amending Title 3 (Revenue and Finance) of the El Paso City Code by adding Chapter 3.46 (Wage Theft) in order to set the procedure for Wage Theft Complaints related to City and Non- City Contracts; providing for the Creation of a Wage Theft Adjudication Database; the penalty as provided in Section 3.46.060 of the El Paso City Code.

City Attorney's Office, Sol Cortez, (915) 212-0033

(Attachment)

PUBLIC HEARING WILL BE HELD ON JUNE 16, 2015

11.

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

11.1.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.200 (Schedule XVII – Restrictions on Parking in Residential Districts) of the El Paso City Code to add the area bounded by Resler Drive, Escondido Drive, Westwind Drive, Northwind Drive and Cloudview Drive, the penalty being as provided in section 12.84.010 and Chapter 12.85 of the El Paso City Code.

District 8

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON JUNE 16, 2015

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

12.

Goal 3: Promote the Visual Image of El Paso

12.1.

An Ordinance amending the future land use map contained in “Plan El Paso” for the property legally described as Portions of Tracts 7A, 8C, 9, 10, 11, 12, 13, 14B, 15B, and 16, Lot 55, Ysleta Grant Surveys, City of El Paso, El Paso County, Texas.

District 6

Planning and Inspections, Alex Hoffman, (915) 212-1566

(Attachment)

12.2.

An Ordinance changing the zoning of portions of Tracts 7A, 8C, 9 and 10, Block 55, Ysleta Grant Surveys, City of El Paso, El Paso County, Texas from R-F (Ranch and Farm) to C-3 (Commercial) and imposing a condition.  The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Applicant:  City of El Paso/EPW/PSB: 1154 Hawkins Boulevard, PZRZ14-00042

District 6

Planning and Inspections, Arturo Rubio, (915) 212-1613

(Attachment)

12.3.

An Ordinance changing the zoning of portions of Tracts 10, 11, 12, 13, 14B, 15B and 16, Block 55, Ysleta Grant Surveys, City of El Paso, El Paso County, Texas from R-F (Ranch and Farm) to C-3 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Applicant: City of El Paso/EPWU/PSB: 1154 Hawkins Boulevard, PZRZ14-00043

District 6

Planning and Inspections, Arturo Rubio, (915) 212-1613

(Attachment)

13.

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

13.1.

An Ordinance amending Title 13 (Streets, Sidewalks and Public Places), Chapter 13.24 (City Parks and Recreation Areas), 13.24.040 (Hours of Closure), to authorize the Director of Parks and Recreation to extend hours of operation.

All Districts

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

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

14.

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

14.1.

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

a.    El Paso Zoo Event Tent, District 8, Yvette Hernandez, 212-2803

b.    El Paso Zoo Wildlife Theater and Education Animal Holding, District 8,

       Yvette Hernandez, 212-2803

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

(Attachment)

(Attachment)

15.

MAYOR AND COUNCIL

15.1.

Presentation of Strategic Plan – Goal 5

All Districts

Communications and Public Affairs, Juliet Lozano, (915) 212-1061

(Attachment)

15.2.

For Notation Only:  Formal Report of the Financial Audit and Oversight Committee meeting held on April 22, 2015.

a.    Discussion on Audit Plan Updates.

b.    Discussion on Hotel Occupancy Tax Audit Bid update.

c.    Discussion on Client Surveys.

d.    Discussion on Risk Management and Employee Bonding.

e.    Discussion on City change Funds to City Departments.

All Districts

Representative Larry Romero, (915) 212-0002

(Attachment)

(Attachment)

(Attachment)

15.3.

Discussion and action on the election of Mayor Pro Tempore and Alternate Mayor Pro Tempore.

Mayor Oscar Leeser, (915) 212-0021

15.4.

Discussion and action on the Pebble Hills Extension Project and its Contract.

Representative Michiel R. Noe, (915) 212-0005

EXECUTIVE SESSION

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

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

EX1.

San Jacinto Plaza Redesign, Solicitation No. 2014-043 (551.071)

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

EX2.

Barron Park, Contract No. 2014-007; Matter No. 13-1004-392 (551.071)

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

EX3.

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

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

ADJOURN

NOTICE TO THE PUBLIC:

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

Hearing Assistance Devices are available upon request.

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

http://www.elpasotexas.gov/