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 L. Rodriguez, District 6

Henry Rivera, District 7

Cissy  Lizarraga, District 8

July 7, 2020

COUNCIL CHAMBERS, CITY HALL

9:00 AM

Teleconference phone number 1-915-213-4096

Toll free number:  1-833-664-9267

Conference ID: : 682-829-807#

AND

AGENDA REVIEW MEETING

July 6, 2020

9:00 AM

TEMPORARY SUSPENSION OF OPEN MEETINGS LAWS DUE TO EMERGENCY

The Texas Governor temporarily suspended specified provisions of the Texas Open Meetings Act to allow telephonic or videoconference meetings and to avoid congregate settings in physical locations.

Notice is hereby given that an Agenda Review Meeting will be conducted on July 6, 2020 at 9:00 A.M. and a Regular Meeting of the City Council of the City of El Paso will be conducted on July 7, 2020 at 9:00 AM. Members of the public may view the meeting via the following means:

Via the City’s website. http://www.elpasotexas.gov/videos

Via television on City15,

YouTube: https://www.youtube.com/user/cityofelpasotx/videos

In compliance with the requirement that the City provide two-way communication for members of the public, members of the public may communicate with Council during public comment, and regarding agenda items by calling the following number:

1-915-213-4096 or Toll free number: 1-833-664-9267

At the prompt please enter the corresponding Conference ID:

Agenda Review, July 6, 2020 Conference ID: 959-806-491# 

Regular Council Meeting, July 7, 2020 Conference ID: 682-829-807#

The public is strongly encouraged to sign up to speak on items on this agenda before the start of this meeting on the following links:

http://www.elpasotexas.gov/municipal-clerk/meetings/city-council-meetings

and

http:/www2.elpasotexas.gov/municipal-clerk/signup_form.asp

The following members of City Council will be present via video conference:

Mayor Dee Margo and Representatives Peter Svarzbein, Alexsandra Annello, Cassandra Hernandez, Sam Morgan, Isabel Salcido, Claudia Rodriguez, Henry Rivera, and Cissy Lizarraga

A quorum of City Council must participate in the meeting.

ROLL CALL

REGULAR AGENDA - OTHER BUSINESS:

1.

MAYOR AND COUNCIL

1.1.

Discussion and action on the election of Mayor Pro Tempore.

All Districts

City Attorney’s Office, Karla M. Nieman, (915) 212-0033

(Attachment)

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

CONSENT AGENDA - APPROVAL OF MINUTES:

2.

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

2.1.

Approval of Minutes of the Agenda Review Meeting of June 22, 2020, and the Work Session of March 30, 2020.

All Districts

City Clerk's Office, Laura D. Prine, (915) 212-0049

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

3.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

CONSENT AGENDA - RESOLUTIONS:

4.

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

4.1.

A Resolution to authorize the City Manager to sign a First Amendment to the Lease between the City of El Paso (“Lessor”) and Region 19 Education Service Center (“Lessee”) to update the legal description due to the replat of a portion of the property and to sign the Memorandum of Lease to be filed in the County of El Paso Official Records now described as:

Tract 1:

Lots 1, 2, 3 and 4, Block 20, EL PASO INTERNATIONAL AIRPORT TRACTS UNIT TWELVE, a subdivision in the City of El Paso, El Paso County, Texas.

Tract 2:

Lots 9 and 10, Block 3, EL PASO INTERNATIONAL AIRPORT TRACTS REPLAT OF UNIT THREE, a subdivision in the City of El Paso, El Paso County, Texas.

Commonly known as 6611 Boeing Dr. and 6632 Continental Dr., El Paso, Texas

District 3

Capital Improvement, Sam Rodriguez, (915) 212-7301

(Attachment)

5.

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

5.1.

That the City Manager be authorized to sign a Fifth Amendment to the Frequency Reconfiguration Agreement (“Agreement”) with Sprint Corporation (“Sprint”) to amend Schedule B- Replacement Frequencies, Schedule C- Cost Estimates, which includes an amendment to the reconfiguration milestones and to remove the Second Touch Reconfiguration Phase from the project from the Agreement and for the City to complete the Second Touch Reconfiguration Phase after the Closing Phase of the Agreement in exchange of a settlement payment in the amount of $62,689.77 by Sprint to the City for the completion of the Second Touch Reconfiguration Phase; and

That the City agrees to waive protection under the Letter of Credit required by the Federal Communication Commission’s Letter of Credit should the FCC release Sprint from its obligations under the Letter of Credit. Sprint warrants payment of all Reconfiguration project phases and failure to pay for all Reconfiguration phases will be a breach of contract and the City will be able to terminate the Agreement without further obligations under the Agreement; and 

That the City Manager or Designee is authorized to sign all Closing Documents for the Frequency Reconfiguration Agreement and to agree to additional amendments to the Agreement for the use of the established Contingency funds established by Sprint or changes to replacement frequencies after review of the City Attorney’s Office as to form.

All Districts

Information Technology Services, Araceli Guerra, (915) 212-1400

(Attachment)

(Attachment)

5.2.

That the City Manager or designee is authorized to execute the Technical Assistance Agreement for the project titled “Hazardous Material Spill Mitigation Project in El Paso” with the North American Development Bank including all related paperwork, including but not limited to of budget transfers, and/or revisions to the operation plan, and to accept, reject, amend, correct, and/or terminate the grant, in the amount of $22,370.00 from NADB for the period from June 15, 2020 through July 15, 2021.

All Districts

Fire, Chief Mario D'Agostino, (915) 212-5605

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.  This action would allow us to comply with state law which requires approval by the legislative body of refunds of tax overpayments exceeding the three year limit.  (See Attachment A)

All Districts

Tax Office, Maria O. Pasillas, (915) 212-1737

(Attachment)

7.

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

7.1.

That the City Manager be authorized to sign an Underground Electrical Easement, granting an easement to the El Paso Electric Company to provide electrical power to Federal Aviation Administration equipment located at the City’s southern portion of the Airport property, said easement more particularly described as a portion of Lot 1, EPIA CONRAC Subdivision, City of El Paso, El Paso County, Texas.

District 2

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

7.2.

That the City Manager be authorized to sign an Underground Electrical Easement, granting an easement to the El Paso Electric Company to provide electrical power to Federal Aviation Administration equipment located at the City’s central portion of the Airport property, said easement more particularly described as a portion of Lot 1, EPIA CONRAC Subdivision, City of El Paso, El Paso County, Texas.

District 2

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

7.3.

That the City Manager be authorized to sign an Underground Electrical Easement, granting an easement to the El Paso Electric Company to provide electrical power to Federal Aviation Administration equipment located at the City’s northern portion of the Airport property, said easement more particularly described as a portion of Section 31, Block 80, Township 2, Texas & Pacific Railway Company Survey, City of El Paso, El Paso County, Texas.

District 2

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

8.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

8.1.

Lance Lehr to the Community Development Steering Committee by Mayor Dee Margo.

Mayor Dee Margo, (915) 212-1051

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

9.

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

9.1.

City Representative Henry Rivera, District 7 discloses a bi-weekly donation of $105.00 to the El Pasoans Fighting Hunger Food Bank’s new Home Delivery Pilot Project, which will be donated by the Representative from his salary as a City Council member. The program is set to deliver emergency food boxes to vulnerable people who may be quarantined due to COVID-19 or who may be shut-in due to age or disability and have limited ability to get food on their own.

Representative Henry Rivera, (915) 212-0007

CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS:

10.

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

10.1.

For notation pursuant to Section 2.92.110 of the City Code, receipt of the following campaign contributions by Mayor Margo: $2,500.00 from Texas Forever Forward PAC and $500.00 from Travis Johnson.

Mayor Dee Margo, (915) 212-1051

CONSENT AGENDA - BEST VALUE PROCUREMENTS:

11.

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

11.1.

The linkage to Strategic Plan is subsection 2.3 – Increase public safety and operational efficiency. This contract will support the Fire Department in maintaining its facilities safe for the public and employees.  

Award Summary:

The award of Solicitation No. 2020-795 Personal Protective Equipment (PPE) Clothing Cleaning and Repair to Lion Group Inc. dba Lion TotalCare, Inc., for an initial three (3) year term estimated award of $131,149.20 The award is to include a two (2) year option amount of $87,432.80 for a total five (5) year award of $218,582.00

Contract Variance:

The difference in cost, due to price increases, based on the comparison from previous awarded contract 2015-533 with the total annual price of $42,838.00 and the current contract 2020-795 to be awarded with the total annual price of $43,716.40 with an increase of $878.40 annual, which represents an annual increase of 2.05%

Department:                             Fire Department

Award to:                                  Lion Group, Inc. dba Lion TotalCare, Inc.

                                                Dayton, OH

Items:                                      All

Initial Term:                              3 years

Option:                                      2 years

Annual Estimated Award:        $43,716.40

Initial Term Estimated Award:  $131,149.20 (3 years)

Total Estimated Award:            $218,582.00 (5 years)

Account No.:                            322-22090-522250-1000-P2214

Funding Source:                       General Fund – Public Safety Equipment                                                  Maintenance Contracts

Districts:                                   All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing and Fire Departments recommend award as indicated to Lion Group Inc. dba Lion TotalCare, Inc. the bidder offering the best value bid.  In accordance with this award, the City Manager or designee is authorized to exercise future options if needed.

All Districts

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

Fire Department, Chief Mario D’Agostino (915) 212-5605

(Attachment)

CALL TO THE PUBLIC – PUBLIC COMMENT

Call to the Public will begin at 12:00 p.m.  Sixty minutes in total will be devoted for Call to the Public. 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.

Members of the public may communicate with Council during public comment, and regarding agenda items by calling 1-915-213-4096 or toll free number 1-833-664-9267 at the prompt please enter the following Conference ID: 682-829-807#

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.

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

12.

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

12.1.

The linkage to the Strategic Plan is subsection 7.3 – Enhance regional comprehensive transportation system. This contract will allow site improvements to include select ADA tactile panels, pavement markings, landscaping, minor earthwork, electrical work and installation of site furnishing.

Award Summary:

Discussion and action on the award of Solicitation No. 2020-716 Transit System Site Improvements to BLACK STALLION CONTRACTORS INC. for an estimated total award of $1,258,309.55.

Department:                    Capital Improvement

Award to:                         BLACK STALLION CONTRACTORS INC.

                                        El Paso, TX

Items:                              Base Bid

Term:                               540 Consecutive Calendar Days

Total Estimated Award:   $1,258,309.55

Account No.:                   560 – 3210 – 60070 – 580270 – G60185307 –                                         PCP09MT0090A

Funding Source:              FY 18 Formula 5307 Grant

Districts:                          All

This is a Competitive Sealed Proposal, unit price contract.

The Purchasing & Strategic Sourcing and Capital Improvement Departments recommend award as indicated to BLACK STALLION CONTRACTORS INC. the highest ranked proposer.

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.

All Districts

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

Capital Improvement, Sam Rodriguez, (915) 212-0065

(Attachment)

(Attachment)

12.2.

The linkage to the Strategic Plan is subsection 7.2 - Improve competitiveness through infrastructure improvements impacting the quality of life. This award will provide city residents with a new transfer center, allowing for easier access to public transportation.

Award Summary:

Discussion and action on the award of Solicitation 2020-055 Montana Far East Transfer Center  to VENEGAS ENGINEERING MANAGEMENT AND CONSTRUCTION, INC. for an estimated total award of $4,356,156.95. The project consists of the construction of a new bus transfer facility for the City of El Paso Sun Metro Department, comprised of about 5,600 square feet of enclosed building to include a waiting area, restrooms, a drivers' lounge and a community room.

Department:                      Capital Improvement

Award to:                          VENEGAS ENGINEERING MANAGEMENT AND                                           CONSTRUCTION, INC.

                                         El Paso, TX

Items:                                Base Bid I & Base Bid II

Initial Term:                       360 Consecutive Calendar Days

Total Estimated Award:    $4,356,156.95

Account No.:                     190-38290-4743-58027-PCP11MT050A

                                          G60165309-560-3210-60070-PCP11MT050A

Funding Source:               2018 Capital Plan and Federal Transit Administration                                           Funds

District:                              5

This is a Competitive Seal Proposal, lump sum contract.

The Purchasing & Strategic Sourcing and Capital Improvement Departments recommend award as indicated to VENEGAS ENGINEERING MANAGEMENT AND CONSTRUCTION, INC., 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.

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.

District 5

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

Capital Improvement, Sam Rodriguez, (915) 212-0065

(Attachment)

(Attachment)

REGULAR AGENDA - INTRODUCTION AND PUBLIC HEARING

13.

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

13.1.

Discuss and approve the introduction and adoption of an Ordinance approving the issuance of the “City of El Paso Downtown Development Corporation Special Revenue Refunding Bonds, Series 2020” by the City of El Paso Downtown Development Corporation, approving a Second Amendment to Master Lease Agreement related to such refunding bonds and approving other matters incident and related thereto.

All Districts

City Manager's Office, Robert Cortinas, (915) 212-1167

 (Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

14.

Goal 3: Promote the Visual Image of El Paso

14.1.

An Ordinance changing the zoning of all of Tract 1 and that portion of Tracts 2 and 3 lying East of the Playa Lateral, Block D, Christie Tract, 7860 Craddock Avenue, City of El Paso, El Paso County, Texas from R-F (Ranch and Farm) to R-1 (Residential). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Property Owner: Catholic Properties of El Paso. PZRZ20-00006.

District 7

Planning and Inspections, Philip F. Etiwe, (915) 212-1553

Planning and Inspections, Andrew Salloum, (915) 212-1603

(Attachment)

(Attachment)

14.2.

An Ordinance granting Special Permit No. PZST20-00006, to allow for a Planned Residential Development Overlay on the property described as all of Tract 1 and that portion of Tracts 2 and 3 lying East of the Playa Lateral, Block D, Christie Tract, 7860 Craddock Avenue, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.470 of the El Paso City Code. The Penalty being as provided in Chapter 20.24 of the El Paso City Code. Property Owner: Catholic Properties of El Paso. PZST20-00006

District 7

Planning and Inspections, Philip F. Etiwe, (915) 212-1553

Planning and Inspections, Andrew Salloum, (915) 212-1603

(Attachment)

(Attachment)

14.3.

An Ordinance changing the zoning of Lot 120, Block 1, Sandstone Ranch #7 Replat B, Sean Haggerty Drive, City of El Paso, El Paso County, Texas from R-3A (Residential) to C-1 (Commercial), and imposing that a 10’ landscaped buffer with high-profile native or naturalized trees of at least two-inch (2”) caliper and ten foot (10’) in height shall be placed at fifteen feet (15’) on center along the property lines adjacent to residential or apartment zone districts or uses. The landscaped buffer shall be irrigated and maintained by the property owner at all times and shall be installed prior to the issuance of any certificates of occupancy. The Penalty is as provided for in Chapter 20.24 of the El Paso City Code. The rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: 11199 Sean Haggerty Drive; Owners: SNF 11169 Sean Haggerty, LLC. PZRZ20-00001

District 4

Planning and Inspections, Phillip Etiwe, (915) 212-1553

Planning and Inspections, Adriana Martinez, (915) 212-1611

(Attachment)

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

15.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

15.1.

Discussion and action to adopt the City’s 2020-2025 Consolidated Plan and accompanying 46th Year Annual Action Plan for the Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), Housing Opportunities for Persons with Aids (HOPWA), and Emergency Solutions Grant (ESG) programs.

All Districts

Community and Human Development, Nicole Ferrini, (915) 212-1659

Community and Human Development, Mark Weber, (915) 212-1682

(Attachment)

15.2.

Discussion and action authorizing the City Manager to submit the 46th Year Annual Action Plan to the U.S. Department of Housing and Urban Development and to take other actions necessary to implement the 46th Year Annual Action Plan.

All Districts

Community and Human Development, Nicole Ferrini, (915) 212-1659

Community and Human Development, Mark Weber, (915) 212-1682

(Attachment)

EXECUTIVE SESSION

TEMPORARY SUSPENSION OF OPEN MEETINGS LAWS DUE TO EMERGENCY

The Texas Governor temporarily suspended specified provisions of the Texas Open Meetings Act to allow telephonic or videoconference meetings and to avoid congregate settings in physical locations.

The following members of City Council will be present via video conference:

Mayor Dee Margo and Representatives Peter Svarzbein, Alexsandra Annello, Cassandra Hernandez, Sam Morgan, Isabel Salcido, Claudia Rodriguez, Henry Rivera, and Cissy Lizarraga

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.

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.

ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET ON THURSDAY PRIOR TO THE MEETING AT THE ADDRESS BELOW:

http://www.elpasotexas.gov/