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

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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:  Ann Morgan Lilly, Larry Romero, Emma Acosta, Carl Robinson, Claudia Ordaz, Lilia Limón, and Cortney Niland.  Late arrival:  Michiel R. Noe 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

Ysleta del Sur Pueblo Pack 67

Ray Granillo

Debra Cedillo

Sal Montoya

Brenda Gutierrez

Zion Wilson

Carlos Rodriguez III

Jose Holguin

Manny Rubio

Pete Jimenez

Kenndra Granillo

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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. Arnulfo Hernandez
2. Mr. Jesus Luna
3. Mr. Salvador Gomez
4. Ms. Wally Cech

Mayor Leeser and Representative Niland commented.

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MAYOR’S PROCLAMATIONS

1.

National HIV Testing Month

2.

Scleroderma Awareness Day

3.

Dr. Roger Ortiz Day

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RECOGNITIONS

Ann Morgan Lilly – Conquistador Award

SPC Joshua Inich – Wall of Giants Award:  Fort Bliss

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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 Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Lilly

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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 June 2, 2015, the Legislative Review Meeting of the Whole of June 1, 2015, and the Special City Council Meeting of June 1, 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 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments

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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:

WHEREAS, Sacred Heart Church (hereinafter referred to as “Grantee”) is producing Sacred Heart Feast Day Kermess 2015 to be open to the public 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 (hereinafter referred to as “Event”); and

WHEREAS, the Grantee has submitted an application for a Special Privilege Permit pursuant to Title 15.08.120 (D) of the El Paso Municipal Code, for the use and closure of portions of City rights-of-way on East Father Rahm Avenue between South Oregon Street between South Mesa Street in conjunction with the Event; and

WHEREAS, the Grantee has indicated their intent to authorize the Sacred Heart Church, (hereinafter referred as “TABC Permittee”) to provide for the temporary sale and service of alcoholic beverages within the identified closed portions of City rights-of-way during the Event; and

WHEREAS, the Texas Alcoholic Beverage Commission (TABC) requires that the City Council for the City of El Paso approve, as a permissible activity, the sale and service of alcoholic beverages within  City rights-of-way, prior to issuance of such permit; and

WHEREAS, the Grantee assumes full responsibility for the TABC Permittee, including verification that the Permittee has obtained a permit for the temporary sale and service of alcoholic beverages from the TABC prior to the Event.

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

            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.

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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:

WHEREAS, Townsquare Media (hereinafter referred to as “Grantee”) is producing El Paso Downtown Street Festival to be open to the public 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 (hereinafter referred to as “Event”); and

WHEREAS, the Grantee has submitted an application for a Special Privilege Permit pursuant to Title 15.08.120 (D) of the El Paso Municipal Code, for the use and closure of 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 in conjunction with the Event; and

WHEREAS, the Grantee has indicated their intent to authorize the Bel Air Optimist Club of El Paso, (hereinafter referred as “TABC Permittee”) to provide for the temporary sale and service of alcoholic beverages within the identified closed portions of City rights-of-way during the Event; and

WHEREAS, the Texas Alcoholic Beverage Commission (TABC) requires that the City Council for the City of El Paso approve, as a permissible activity, the sale and service of alcoholic beverages within  City rights-of-way, prior to issuance of such permit; and

WHEREAS, the Grantee assumes full responsibility for the TABC Permittee, including verification that the Permittee has obtained a permit for the temporary sale and service of alcoholic beverages from the TABC prior to the Event.

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

            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.

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3.3.

*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 is authorized to enter into an Educational Experience Affiliation Agreement between The University of Texas at El Paso (“University”) and City of El Paso ("Facility") to cooperate with University to establish and implement from time to time one or more Programs involving the students and personnel of University and the City’s Museum and Cultural Affairs Department, and that the City Manager or a designee is authorized to enter into all Program Agreements encompassed by the Educational Experience Affiliation Agreement in substantial conformity with the Program Agreement attached hereto as Exhibit “A.”

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3.4.

*R E S O L U T I O N

WHEREAS, the El Paso City Council has determined that there is a need to provide an exercise program for senior citizens of the City; and

WHEREAS, the City has determined that the University of Texas at El Paso (“UTEP”) is capable and qualified to provide such services; and,

WHEREAS, UTEP is willing to provide such services to the City of El Paso; and,

            WHEREAS, the City and UTEP desire to have UTEP provide exercise programs at City’s Parks and Recreation facilities, in alignment with UTEP’s annual academic calendar; and,

WHEREAS, the Texas Interlocal Cooperation Act of the Texas Government Code §§791.001, et seq., allows a local government and a state institution of higher education to contract among each other for governmental functions and services; and

WHEREAS, the services and functions to be performed pursuant to this Agreement constitute solely governmental functions and services.

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

That the City Manager be authorized to sign an Interlocal Cooperation Contract by and between the City of El Paso (“City”) and The University of Texas at El Paso (“UTEP”), 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. 

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4.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

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4.1.

*R E S O L U T I O N

WHEREAS, on April 28, 2015, the City Council of the City of El Paso adopted Ordinance No. 018349 amending Section 20.10.695 of the City Code of the City of El Paso, and authorizing the transfer of vested rights in a property that meets certain criteria as a sending parcel to a qualified receiving parcel, all as  set forth therein;

WHEREAS, the Rescue Mission  is the owner of an improved parcel of real property located at 900/910 Wyoming Street in the City of El Paso, El Paso County, Texas (the “Wyoming Parcel” or the “Sending Parcel”); and

WHEREAS, City is the owner of two improved parcels of real property located at 130 Cotton Street and 221 N. Lee Street in the City of El Paso, El Paso County, Texas (the “City Parcels” or the “Receiving Parcel”); and

WHEREAS, the City and the Rescue Mission entered into two Contracts of Sale dated January 14, 2015 and a First Amendment to Contract of Sale dated April 21, 2015 (collectively, the “Contracts”) in which the City agreed to convey the City Parcels (as further described by metes and bounds in the Contracts) to the Rescue Mission in exchange for the simultaneous conveyance of the Wyoming Parcel (as further described by metes and bounds in the Contracts) to the City along with certain monetary consideration described therein; and

            WHEREAS, the City and the Rescue Mission agreed as a condition in the Contracts that the Rescue Mission may transfer their vested rights to develop the Project from the Wyoming Parcel as the Sending Parcel to the City Parcels as the Receiving Parcel; and

            WHEREAS, the City and the Rescue Mission desire to carry out the transfer of vested project rights from the Sending Parcel to the Receiving Parcel and approve the Transfer of Development Rights Agreement, as further described herein.

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

1)    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;

2)    The project at 900/910 Wyoming Street has vested and the City Council hereby determines the vested project is exempt from the special permit requirement under Section 20.10.695 of the City Code of the City of El Paso because it meets the following criteria:

a.   the proposed use being transferred from the Sending Parcel to the Receiving Parcel, is identified as the Project in the Vested Project Determination Letter;

b.    the proposed use is an appropriate land use on the Receiving Parcel and is in conformance with the Plan for El Paso; and

c.     the transfer of land and proposed use of the land is in the best interests of the public health, safety and welfare.

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CONSENT AGENDA - BOARD APPOINTMENTS:

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5.

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

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5.1.

*Motion made, seconded, and unanimously carried to APPOINT Aldina Rosales to the Veterans Affairs Advisory Committee as requested by Representative Claudia Ordaz, District 6.

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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

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6.

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

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6.1.

*Motion made, seconded, and unanimously carried that the following tax refunds be APPROVED, subject to auditor approval:

1.    LCI Enterprises Inc. dba Subway 28508 in the amount of $2,528.37 overpayment on January 30, 2015 of 2014 taxes.  (Geo. # 0913-999-1113-0134)

2.    Engway Inc. in the amount of $2,765.09 overpayment on March 2, 2015 of 2014 taxes.  (Geo. # 1484-999-1263-6934)

3.    Wells Fargo Real Estate Tax Services LLC in the amount of $4,314.56 overpayment on January 8, 2015 of 2014 taxes.  (Geo. # S138-999-0240-2200)

4.   Hudson’s Grill in the amount of $5,000.00 overpayment on March 31, 2015 of 2014 taxes.  (Geo. # V893-999-1420-2200)

5.   EP Core Property Company in the amount of $67,290.68 overpayment on January 31, 2015 of 2014 taxes.  (Geo. # X297-000-0000-0076)

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CONSENT AGENDA - NOTICE FOR NOTATION:

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7.

Goal 3: Promote the Visual Image of El Paso

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7.1.

*Motion made, seconded and unanimously carried to APPROVE for notation 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.

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8.

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 APPROVE for notation 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.

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8.2.

*Motion made, seconded and unanimously carried to APPROVE for notation the donation of $500 from Texas Gas Service for Movies in the Park in District 5

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8.3.

*Motion made, seconded and unanimously carried to APPROVE for notation the donation of $1,000.00 from VEMAC and $500.000 from Texas Gas Service for District 3 - 5th Annual Movies Under the Stars.

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8.4.

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

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8.5.

*Motion made, seconded and unanimously carried to APPROVE for notation the donation of $500 from Jobe Materials, L.P. for Summer Music in the Park in District 4.

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REGULAR AGENDA - FIRST READING OF ORDINANCES

Motion made by Mayor Pro Tempore Niland, seconded by Representative Acosta, and unanimously carried that the following Ordinance, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:

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9.

Goal 3: Promote the Visual Image of El Paso:

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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.

PUBLIC HEARING WILL BE HELD ON JUNE 30, 2015

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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

PUBLIC HEARING WILL BE HELD ON JUNE 30, 2015

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10.

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

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10.1.

1^st MOTION

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

2^nd AND FINAL MOTION

Motion made by Mayor Pro Tempore Niland, seconded by Representative Acosta, and unanimously carried that the following Ordinance, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:

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.

PUBLIC HEARING WILL BE HELD ON JUNE 16, 2015

Mayor Leeser and Representatives Acosta, Noe, Ordaz, and Limón commented.

The following City staff members commented:

1. Mr. Tommy Gonzalez, City Manager
2. Ms. Sol Cortez, Assistant City Attorney, gave legal advice.
3. Ms. Theresa Cullen, Deputy City Attorney, gave legal advice.

Mr. Eric Murillo, Lift Up Alliance, commented.

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11.

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

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11.1.

Motion made by Representative Lilly, seconded by Mayor Pro Tempore Niland, and unanimously carried to DELETE the first reading on 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.

NOT PRESENT FOR THE VOTE: Representative Lilly

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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

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ITEMS 12.1 – 12.3. TAKEN TOGETHER

12.

Goal 3: Promote the Visual Image of El Paso

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12.1.

ORDINANCE 018367

The City Clerk read an Ordinance entitled:  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.

Mr. Carlos Gallinar, Deputy Director for Planning and Inspections, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representatives Acosta, Noe, and Ordaz commented.

The following City staff members commented:

1. Mr. Tommy Gonzalez, City Manager
2. Ms. Lupe Cuellar, Land Manager and Counsel for El Paso Water Utilities
3. Ms. Theresa Cullen, Deputy City Attorney, gave legal advice.
4. Ms. Karla Nieman, Assistant City Attorney, gave legal advice.

Motion duly made by Representative Ordaz, 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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12.2.

ORDINANCE 018368

The City Clerk read an Ordinance entitled:  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

Motion duly made by Representative Ordaz, 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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12.3.

Motion made by Representative Ordaz, seconded by Mayor Pro Tempore Niland, and carried to DELETE 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

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

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Romero

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13.

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

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13.1.

ORDINANCE 018369

The City Clerk read an Ordinance entitled:  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.

Motion duly made by Mayor Pro Tempore Niland, 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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REGULAR AGENDA - OTHER BUSINESS

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14.

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

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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

Mr. Steve Marshall, Director for Zoo, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Ms. Yvette Hernandez, Engineering and Construction Management, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser and Representative Noe commented.

NO ACTION taken on this item.

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15.

MAYOR AND COUNCIL

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15.1.

Presentation of Strategic Plan – Goal 5

Ms. Juliet Lozano, Public Information Marketing Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser and Representative Ordaz commented.

Mr. Tommy Gonzalez, City Manager, commented.

NO ACTION taken on this item.

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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.

Mayor Leeser and Representatives Acosta and Noe commented.

Mr. Edmundo Calderon, Chief Internal Auditor, commented.

NO ACTION taken on this item.

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15.3.

Motion made by Mayor Pro Tempore Niland, seconded by Representative Robinson, and unanimously carried to POSTPONE three weeks the item regarding discussion and action on the election of Mayor Pro Tempore and Alternate Mayor Pro Tempore.

NOT PRESENT FOR THE VOTE: Representative Limón

Mayor Leeser and Representatives Lilly, Acosta, Robinson, and Ordaz commented.

Ms. Therese Cullen, Deputy City Attorney, gave legal advice.

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15.4.

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

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

The following City staff members commented:

1. Mr. Tommy Gonzalez, City Manager
2. Dr. Mark Sutter, Chief Financial Officer
3. Ms. Theresa Cullen, Deputy City Attorney, gave legal advice.
4. Mr. Bruce Collins, Director of Purchasing and Strategic Sourcing

NO ACTION taken on this item

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EXECUTIVE SESSION

Motion made by Representative Robinson, seconded by Representative Limón, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 11:18 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:

NOT PRESENT FOR THE VOTE: Representative Niland

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 Representative Romero, seconded by Representative Lilly, and unanimously carried to adjourn the Executive Session at 12:00 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

NOT PRESENT FOR THE VOTE: Representatives Robinson, Ordaz and Niland

EX1.

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

NO ACTION taken on this item

EX2.

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

NO ACTION taken on this item

EX3.

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

Motion made by Representative Acosta, seconded by Representative Romero and unanimously carried that the City Attorney be authorized settlement authority to negotiate a settlement agreement and sign all settlement documents to resolve the claim of Margarita Cabrera, Our File No. 15-1051-217.

NOT PRESENT FOR THE VOTE: Representative Niland

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ADJOURN

Motion made by Representative Romero, seconded by Representative Lilly, and unanimously carried to ADJOURN this meeting at 12:02 p.m.

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APPROVED AS TO CONTENT:

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Richarda Duffy Momsen, City Clerk