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 16, 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 15, 2015

9:00 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

El Paso Leadership Academy

Vanessa Hernandez

Citlali Wheeler

Ilyana Jones

Drew Tarango

Jasmine Acosta

Mia Johnson

Trysten Obeveon

Kaylee Baray

Nazeth Gamez

Victoria Maese

Isabel Martinez Amador

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.

Juneteenth Freedom Celebration Day

2.

West Point Day

RECOGNITIONS

Star on the Mountain Award - Members of the Board of Managers for El Paso Independent School District

Dee Margo

Carmen Arrieta-Candelaria

Ed Archuleta

Dr. Blanca Enriquez

Judy Castleberry

Coronado High School – 2015 National Academic Champions

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 9, 2015, and the Legislative Review Meeting of the Whole of June 8, 2015.

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

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

Mayor Pro Tempore Cortney Niland

CONSENT AGENDA - RESOLUTIONS:

3.

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

3.1.

That the City Manager be authorized to sign an Amended and Restated Butterfield Trail Industrial Park Lease by and between the City of El Paso (“Lessor”) and Butterfield Trail Trust I (“Lessee”) for the following described property:

A portion of Lot 4 and 5, Block 1, Butterfield Trail Industrial Park, Unit One, Replat “A”, an addition to the City of El Paso, El Paso County, Texas, containing 188,266 square feet of land and municipally known as 5 Zane Grey,  El Paso, Texas.

Term:                                40 year term with one (1) – ten (10) year option.

Rental Rate:                      188,266 square feet @ $0.24/sf based upon

                                          appraisal dated June 16, 2014.

Annual Rent:                     $45,183.84 with 5 year rental adjustments based on

                                          percentage increase in the CPI over base year rent.

Option Period:                   Upon exercising Option, annual rent scheduled to

                                          increase to then 8% Fair Market Value

Subtenants:                       Valeo Electrical Systems, Inc.

                                           Raytheon Technical Services Company, LLC

District 2

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.2.

That the City Manager be authorized to sign an Amended and Restated Butterfield Trail Industrial Park Lease by and between the City of El Paso (“Lessor”) and Butterfield Trail Trust I (“Lessee”) for the following described property:

A portion of Lot 5 and 6, Block 2, Butterfield Trail Industrial Park Unit One, Replat “A”, City of El Paso, El Paso County, Texas, containing approximately 244,287 square feet of land and municipally known as 9 Butterfield Trail, El Paso, Texas.

Term:                                 40 year term with one (1) – ten (10) year option.

Rental Rate:                      244,287 square feet @ $0.24/s.f based upon

                                          appraisal dated June 16, 2014.

Annual Rent:                     $58,628.88 with 5 year rental adjustments based

                                          on percentage increase in the CPI over  base year

                                          rent.

Option Period:                   Upon exercising Option, annual rent scheduled to

                                          increase to then 8% Fair Market Value

Subtenants:                       US Customs and Border Protection

                                          Superior Pool Products, LLC

District 2

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.3.

That the City Manager be authorized to sign an Amended and Restated Butterfield Trail Industrial Park Lease by and between the City of El Paso (“Lessor”) and Butterfield Trail Trust I (“Lessee”) for the following described property:

A portion of Lots 2 and 3, Block 8, Butterfield Trail Industrial Park Unit One, Replat “A” (Parcel 1) and all of Lot 1 and a portion of Lot 2, Block 8, Butterfield Trail Industrial Park Unit One, Replat “A” (Parcel 2), both of which are located in an addition to the City of El Paso, El Paso County, Texas, containing a total of 346,041 square feet of land and municipally known as 12 Zane Grey Street and 14 Butterfield Trail Blvd., El Paso, Texas.

Term:                                40 year term with one (1) – ten (10) year option.

Rental Rate:                     346,041 square feet @ $0.24/s.f based upon

                                          appraisal dated June 16, 2014.

Annual Rent:                     $83,049.84 with scheduled 5 year rental adjustments

                                          based on percentage increase in the CPI over base

                                          year rent.

Option Period:                  Upon exercising Option, annual rent to increase to

                                          then 8% Fair Market Value

Subtenants:                      Polygroup Services NA, Inc.

                                          Keytronic Corp.

District 2

Airport, Monica Lombrana, (915) 780-4793

(Attachment)

3.4.

That the City Manager be authorized to sign an Amended and Restated Butterfield Trail Industrial Park Lease by and between the City of El Paso (“Lessor”) and Butterfield Trail Trust I (“Lessee”) for the following described property:

All of Lot 3 and a portion of Lots 2C and 4, Block 1, Butterfield Industrial park Unit One, Replat “A”, an addition to the City of El Paso, El Paso County, Texas, containing 220,767.75 square feet of land and municipally known as 7 Zane Grey, El Paso, Texas.

Term:                                40 year term with one (1) – ten (10) year option.

Rental Rate:                      220,767.75 square feet @ $0.24/s.f based upon

                                          appraisal dated June 16, 2014.

Annual Rent:                     $52,984.26 with scheduled 5 year rental adjustments

                                          based on percentage increase in the CPI over base

                                          year rent.

Option Period:                   Upon exercising Option, annual rent scheduled to

                                          increase to then 8% Fair Market Value

Subtenants:                       Stoneridge Electronica, Inc.

                                          Nut Processors, Inc.

District 2

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.5.

That the City Manager be authorized to sign an Amended and Restated Butterfield Trail Industrial Park Lease by and between the City of El Paso (“Lessor”) and Butterfield Trail Trust I (“Lessee”) for the following described property:

All of Lots 12, 13, and a portion of Lot 14, Block 8, Butterfield Trail Industrial Park Unit Two, an addition to the City of El Paso, El Paso County, Texas containing approximately 323,058.6 square feet of land and municipally known as 19 Leigh Fisher, El Paso, Texas.

Term:                                40 year term with one (1) – ten (10) year option.

Rental Rate:                      323,058.6 square feet @ $0.24/s.f based upon

                                          appraisal dated June 16, 2014.

Annual Rent:                     $77,534.06 with scheduled 5 year rental adjustments

                                          based on percentage increase in the CPI over base

                                          year rent.

Option Period:                   Upon exercising Option, annual rent scheduled to

                                          increase to then 8% Fair Market Value

Subtenants:                       None

District 2

Airport, Monica Lombraña, (915) 780-4793

(Attachment)

3.6.

That the Mayor be authorized to sign a Second Amendment to the Interlocal Agreement for Economic Development Contract Administration Services between the City of El Paso and the County of El Paso which amends Section 4, Consideration and payment, in its entirety.

All Districts

Economic and International Development, Cary Westin, (915) 212-1614

Economic and International Development, Denisse Rodarte, (915) 212-1620

(Attachment)

4.

Goal 3: Promote the Visual Image of El Paso

4.1.

That the City Council approves the change order for the expenditure of additional funds in the amount of One Hundred Ten Thousand and 00/100 Dollars ($110,000.00) to BASIC IDIQ, Inc. for the relocation of electrical service equipment and feeders above ground to below ground for the San Jacinto Plaza Redesign Project, Solicitation No 2014-043.  An additional seventeen (17) days will be added to term of contract number 2014-043.  The new contract sum, including this construction change order is Four Million Nine Hundred Fifty Six Thousand Six Hundred Sixty Eight and 52/00 ($4,956,668.52).

8

Capital Improvement Program, Irene D. Ramirez, (915) 212-1831

(Attachment)

5.

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

5.1.

A Resolution to amend and approve the City's 2015 Investment Policy and related documents amending the City’s authorized investment representatives.

All Districts

City Manager's Office, Mark Sutter, (915) 212-1145

(Attachment)

5.2.

A Resolution to amend and approve the City's 2015 Debt Management Policy.

All Districts

City Manager's Office, Mark Sutter, (915) 212-1145

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

6.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

6.1.

Michelle Adjemian to the City Accessibility Advisory Committee by Representative Emma Acosta, District 3.

Representative Emma Acosta , (915) 212-0003

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

7.

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

7.1.

Accept the donation of $500 from ECM International, Inc. for Movies in the Park in District 5.

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

CONSENT AGENDA - BIDS:

8.

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

8.1.

Request rejection of all bids received for Solicitation No. 2015-705 (Preformed Street Markings) as recommended by the Purchasing & Strategic Sourcing Department and the Department of Transportation, due to the inability to verify pricing. Solicitation will be re-bid.

Department:                      Streets and Maintenance

Districts(s):                        All

All Districts

Purchasing & Strategic Sourcing, Bruce D. Collins, (915) 212-1181

Streets & Maintenance, Ted Marquez, (915) 212-0119

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

9.

Goal 3: Promote the Visual Image of El Paso

9.1.

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)

9.2.

An Ordinance amending Title 20 (Zoning), Chapter 20.08 (Permissible Uses), Section 20.08.030 C. (Appendix A), (Table of Permissible Uses), to allow heavy truck (Sales, Storage, Repair & Rental) in the P-I (Planned Industrial)  Zoning District, and  athletic facility (indoor) in the M-1 (Manufacturing)  zoning district and a sports arena in the M-1 (Manufacturing) zoning district, and Chapter 20.10 (Supplemental Use Regulations), Section 20.10.680 (Temporary Uses), to include the P-I (Planned Industrial) zoning district as a district where temporary uses are allowed and to include outdoor sporting events as a temporary use and to create standards for such use, and Chapter 20.14 (Off-Street Parking, Loading and Storage Standards), Section 20.14.050 (Parking Requirements and Standards), Appendix C, (Table of Parking requirements and standards),  to create parking requirements and standards for outdoor sporting events.  The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

All Districts

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

Planning & Inspections, David Coronado, (915) 212-1568

(Attachment)

9.3.1.

An Ordinance changing the zoning of Lots 18-20, Block 4, Eastside Industrial District Unit One, 1010 Wall Street, City of El Paso, El Paso County, Texas, from M-1/sc (Light Manufacturing/special contract) to P-I (Planned Industrial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 1010 Wall Street. Property Owner: Clan Sandy Properties, LLC. PZRZ15-00010

District 3

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

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

(Attachment)

9.3.2.

An Ordinance releasing all conditions placed on property by Special Contract approved on October 23, 1956 which changed the zoning of Lots 18-20, Block 4, Eastside Industrial District Unit One, 1010 Wall Street, City of El Paso, El Paso County, Texas. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 1010 Wall Street. Property Owner: Clan Sandy Properties, LLC. PZCR15-00004

District 3

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

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

(Attachment)

9.4.

An Ordinance amending the Future Land Use Map contained in “Plan El Paso” for the property legally described as Lot 1, Block 1, 375/Railroad Commercial Park, City of El Paso, El Paso County, Texas.

District 4

Planning & Inspections, Michael McElroy, (915) 212-1612

(Attachment)

9.5.

An Ordinance changing the zoning of a Portion of Lot 1, Block 1, 375/Railroad Commercial Park, 9950 Railroad Drive, City of El Paso, El Paso County, Texas from M-1 (Manufacturing) to C-3 (Commercial), and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 9950 Railroad Drive. Property Owner: NE Railroad 12, LLC. PZRZ15-00003

District 4

Planning and Inspections, Michael McElroy, (915) 212-1612

(Attachment)

REGULAR AGENDA - FIRST READING AND SECOND READING OF ORDINANCES

10.

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

10.1.

An Ordinance authorizing the issuance of “City of El Paso, Texas, Water and Sewer Revenue Bonds, Series 2015A,” and resolving matters which are necessary to effectuate said issuance, including a delegation of authority.

All Districts

El Paso Water Utilities, Marcela Navarrete, (915) 594-5614

El Paso Water Utilities Lupe Cuellar, (915) 594-5636

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

11.

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

11.1.

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

a.  Irving Schwartz Library, District 6, Daniel Garcia, 212-1832

b.  Raynor and Findley Street Improvements, District 8, Geoffrey Espineli,

     212-1836

Capital Improvement Program, Irene D. Ramirez, (915) 212-1831

(Attachment)

(Attachment)

12.

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

12.1.

Discussion and action on a Resolution authorizing the City Manager to sign a Memorandum of Understanding, amending Article 28 of the Articles of Agreement between the City of El Paso and the El Paso Municipal Police Officers’ Association.

City Manager's Office, Nancy Bartlett, (915) 212-1061

(Attachment)

12.2.

Discussion and action on a Resolution authorizing the City Manager to sign a Memorandum of Understanding between the City of El Paso and the El Paso Municipal Police Officers’ Association to offer a Fitness Incentive Program and Biometric Incentive Program as part of the City’s Wellness Program to all sworn police officers within the El Paso Police Department.

City Manager's Office, Nancy Bartlett, (915) 212-1061

(Attachment)

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.

Monthly update from Legal Department regarding pending litigation, claims, real estate transactions and contract negotiations.  (Sections 551.071, 551.072, 551.074 and 551.087)

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

EX2.

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

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

EX3.

Claim against Ruth Brown, our file No. 13-1036-339 (551.071)

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

EX4.

San Jacinto Plaza Redesign, Solicitation No. 2014-043; Matter No. 12-1004-214 (551.071)

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

EX5.

El Paso Police & Fire Pension Fund (551.071)

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

EX6.

Cherry Road Technologies, People Soft- Re-Implementation Project Contract No. 2011-149R. (551.071)

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

EX7.

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

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

ADDITIONS TO THE AGENDA

ADDITION TO THE AGENDA FOR

REGULAR COUNCIL MEETING

COUNCIL CHAMBERS, CITY HALL

Tuesday, June 16, 2015

8:00 AM

CONSENT AGENDA - BOARD APPOINTMENTS

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

1.1.

Brian Kennedy as a regular appointee to the Veterans Affairs Advisory Committee.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

2.

MAYOR AND COUNCIL

2.1.

Discussion and action on installation of red light cameras at the intersection of Montwood and Zaragoza.

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

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/