City Council

Oscar Leeser

Peter Svarzbein, 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

July 21, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

July 20, 2015

8:30 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

Abraham Haggerty

Timothy Haggerty

MAYOR’S PROCLAMATIONS

1.

Higher Opportunities Thrive Day – A Great H.O.T. Day

2.

25th Anniversary of the Americans with Disabilities Act

3.

Kayla Gomez Day

RECOGNITIONS

El Paso Fire Department is awarded the Mission Lifeline EMS Silver Award by the American Heart Association

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.

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 July 14, 2015, the Legislative Review Meeting of the Whole of July 13, 2015, the Special City Council Meetings - FY2016 Budget Hearings of July 6, 2015, July 7, 2015,  and the Special City Council Meeting of July 13, 2015.

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

(Attachment)

(Attachment)

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

3.1.

That the City Manager or designee be authorized to sign the Interlocal Agreement between the City of El Paso and Texas Department of Public Safety to allow for a reimbursement program to compensate the City for travel expenses incurred by the Tactical Flight Officer assigned to Department of Public Safety's Aircraft Section.  The performance period will be twenty-four months the date after the contract is fully executed.  It will have up to five (5) two (2) year renewal option terms.  No cash match or inkind match required from the City of El Paso.

All Districts

Police, Peter Pacillas, (915) 564-7301

(Attachment)

4.

Goal 3: Promote the Visual Image of El Paso

4.1.

That the Solid Waste liens on the attachment posted with this agenda be approved.  (See Attachment A)

Districts 2, 3, 4, 6 and 8

Environmental Services, Ellen Smyth, (915) 212-6060

(Attachment)

4.2.

That the Solid Waste liens on the attachment posted with this agenda be approved (See Attachment A). (Districts:  2,3,4,6, and 8)

Environmental Services, Ellen Smyth, 915-212-6060

(Attachment)

(Attachment)

5.

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

5.1.

That the City of El Paso hereby requests the Sheriff of El Paso County to sell in accordance with Section 34.05 subsections (c) and (d) of the Texas Property Tax Code the following parcels:

1.  Lots 15 and 16, Block 23, East El Paso, an Addition to the City of El Paso, being more particularly described in    Clerk's File #96030222, Deed Records of El Paso County, Texas.

2.  0.031 acre, more or less, out of Lot 10, Block 3, Colonia Los Cuatro, an Addition to the City of El Paso, El Paso County, Texas, as described in Volume 1179, Page 630, Official Records of Real Property of El Paso County, Texas.

3.  Improvements only, Lot 8 and the West 9 ft. of Lot 7, Block 51, Bassett, an Addition to the City of El Paso, El Paso County, Texas.

4.  Lot 8 and the West 9.00 ft. of Lot 7, Block 51, Bassett, an Addition to the City of El Paso, El Paso County, Texas as described in Volume 1478, Page 67, Deed Records of El Paso County, Texas.

5.  Lot 19, Block 21, Del Norte Acres, an Addition to the City of El Paso, El Paso County, Texas, according to the map or plat thereof, recorded in Front of Book 581, Deed Records, no recorded in Volume 8, Page 54, Map Records of El Paso County, Texas.

All Districts

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

Tax, David Childs, (915) 212-1736

(Attachment)

6.

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

6.1.

That the City Manager be authorized to sign a License Agreement by and between the City of El Paso (“City”) and El Paso Natural Gas Company, L.L.C. (“EPNG”) to allow EPNG to use approximately 6.4 acres of City-owned real property within the Keystone Business Park Subdivision, El Paso, Texas, as a temporary work space and staging area as it lowers and extends two existing pipelines across Interstate 10 right of way near the Resler Drive Interchange which relocation is required for the Texas Department of Transportation’s Interstate 10 D/C Expansion Project.

District 8

Economic and International Development, Memo Sotomayor, (915) 212-1572

(Attachment)

6.2.

That the City Manager be authorized to sign an Agreement for Professional Services by and between the City of El Paso and Quantum Engineering Consultants, Inc., a Texas Corporation, for a project known as “Edna Avenue Street & Drainage Improvements” for an amount not to exceed One Hundred Seventy Seven Thousand Seven Hundred Eighty Seven and 96/100 Dollars ($177,787.96); 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 execution of this agreement.

District 8

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

(Attachment)

7.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

7.1.

A Resolution that the following agencies be approved as recipients of grant funding under the Community Solutions for Substance Abuse confiscated funds grant program,

•Emergence Health Network (Project Venire, Treatment)  $49,196.00

•Communities in Schools (Choices, Prevention) $49,996.00

•El Paso Police Department Foundation (Spice Is Not Nice, Prevention)  $50,000.00

And that the City Manager be authorized to sign any and all documents necessary to contract with the identified agencies to provide substance abuse prevention, intervention and treatment services.

Districts 6, 7, and 8

Community and Human Development, Veronica R. Soto, (915) 212-0138

Community and Human Development, Jane Tomchik, (915) 212-1681

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

8.

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

8.1.

Representative Larry Romero to the Financial Audit and Oversight Committee by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

8.2.

Representative Carl Robinson to the Financial Audit and Oversight Committee by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

8.3.

Representative Cortney Niland to the Financial Audit and Oversight Committee by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

9.

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

9.1.

Joe Fierro, Jr., to the Veterans Affairs Advisory Committee by Representative Larry Romero, District 2.

Representative Larry Romero, (915) 212-0002

(Attachment)

9.2.

Representative Peter Svarzbein to the Financial Audit and Oversight Committee by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

9.3.

Representative Peter Svarzbein to the City Employees’ Pension Fund Board by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

9.4.

Representative Claudia Ordaz to the City Employees’ Pension Fund Board by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

10.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

10.1.

Representative Michiel Noe to the Animal Shelter Advisory Committee by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

11.

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

11.1.

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

All Districts

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

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

12.

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

12.1.

Accept the donation of $500 from Western Refining Southwest Inc. for District #8 Summer Programming including “Movies in the Park”, South Side Block Party, and youth sport activities.

Representative Cortney Niland, (915) 212-0008

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.

13.

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

13.1.

An Ordinance amending Title 5 – Business License and Permit Regulations – Chapter 5.12 – Dealers in Secondhand Goods, Dealers in Crafted Precious Metals, Coin Dealers and Pawnbrokers – in its entirety relating to all provisions including clarifications and revisions of definitions and exclusions; clarifications and revisions of administration; clarification and revisions regarding license application, investigation, issuance, denial, appeal and restrictions; clarification and revisions of records requirements; clarification and revisions of inspection and retainment of goods; and clarification and revisions regarding violations and penalties pursuant to Sections 5.12.220 and 5.12.230 of the ordinance.

All Districts

Police, Michelle Gardner, (915) 564-7301

(Attachment)

PUBLIC HEARING WILL BE HELD ON JULY 28, 2015

14.

Goal 3: Promote the Visual Image of El Paso:

14.1.

An Ordinance vacating a portion of Oregon Street and Mills Avenue right-of-ways, within Mills Addition, City of El Paso, El Paso County, Texas. Subject Property: South of San Jacinto Plaza; Applicant: Mills Plaza Promenade, LLC; SURW12-00020

District 8

Planning & Inspections, Nelson Ortiz, (915) 212-1606

Planning & Inspections, Kimberly Forsyth, (915) 212-1563

(Attachment)

PUBLIC HEARING WILL BE HELD ON JULY 28, 2015

14.2.

An Ordinance vacating an easement located on a portion of Lot 5, Block 10, Sierra Crest Replat B, City of El Paso, El Paso County, Texas.  Subject Property: North of Robinson & East of Okeefe; Applicant: Douglas Chan SUET15-00001

District 1

Planning & Inspections, Alfredo Austin, (915) 212-1604

Planning & Inspections, Kimberly Forsyth, (915) 212-1563

(Attachment)

PUBLIC HEARING WILL BE HELD ON JULY 28, 2015

14.3.

An Ordinance amending Title 13 (Streets, Sidewalks and Public Spaces), Chapter 13.36 (Parades and Public Assemblies), Section 13.36.050 (Costs and Fees), to delete Subsections (E) and (F) of the El Paso Municipal Code to increase public accessibility to and ease of participation in a funding assistance program for eligible parade events; the penalty being as provided for in Section 13.36.100 (Violation–Penalty) of the El Paso City Code.

All Districts

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON JULY 28, 2015

15.

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

15.1.

An Ordinance amending Title 3 (Revenue and Finance), Chapter 3.46 (Wage Theft) in order to amend Section 3.46.020(b) duties of the Wage Theft Coordinator to include additional duties, amend Section 3.46.030 (a) inclusion in database to include additional evidence considerations to not include an employer in the wage theft adjudication database, amend Section 3.46.030(c) removal from database to add a cause for removal from the wage theft adjudication database, add section 3.46.070 city permits, licenses, and registrations to establish the procedure for denial of issuance and renewal of certain permits, licenses, and registrations for applicants with a wage theft adjudication record, and add Section 3.46.080 permits, licenses, and registrations -appeal process; the penalty as provided in Section 3.46.070 of the El Paso City Code.

All Districts

City Attorney's Office, Sol M. Cortez, (915) 212-1106

(Attachment)

PUBLIC HEARING WILL BE HELD ON JULY 28, 2015

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

16.

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

16.1.

Discussion and action on a request that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order to Taser International, Inc. for the purchase of 115 yellow class III X26P Tasers, Blackhawk holsters and 115 battery packs.

Department:                            Police

Award to:                                Taser International, Inc.

                                                Scottsdale, AZ

Total Estimated Award:          $150,790.63

Account No.:                           321-21020-531090-1000-P2140

Funding Source:                     General Funds - Ammunition Supplies

District(s):                               All

Sole Source No.:                    2015-1019

This is a purchase pursuant to the Public Health and Safety Exemption, 252.022 (a) (2) of the Texas Local Government Code, unit price contract.

Additionally it is requested that the City Attorney’s Office review and that the City Manager be authorized to execute any related documents and agreements necessary to effectuate this award.

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

El Paso Police Department, Gregory Allen, (915) 564-7308

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

17.

Goal 3: Promote the Visual Image of El Paso

17.1.

An Ordinance granting Special Permit No. PZST15-00004 to allow for infill development with a reduction in lot width and area on the property described as a Portion of Tract 13, Sunland Gardens, 8844 Sunland Road, 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: 8844 Sunland Road. Property Owner: Manuel Granados and Guillermina L. Granados. PZST15-00004

District 6

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

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

(Attachment)

17.2.

An Ordinance amending Title 20 (Zoning), Chapter 20.18 (Sign Regulations), Article IV (On Premise Sign Regulations), Section 20.18.400 (General) to revise sign standards for changeable electronic variable message signs to remove distance requirements from certain zoning districts.   The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

All Districts

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

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

(Attachment)

17.3.

An Ordinance changing the zoning of Tract 6C, Block 15, Ysleta Grant, East of Knowles Way and South of Lomaland Drive, City of El Paso, El Paso County, Texas from R-3 (Residential) to S-D (Special Development), and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: East of Knowles Way and South of Lomaland Drive. Property Owner: Christopher Kangur. PZRZ15-00009 [POSTPONED FROM 07-14-2015]

District 7

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

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

(Attachment)

18.

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

18.1.

An Ordinance amending Ordinance No.018131 Establishing Deadlines and Procedures for Members of City Council To Place Matters on the Agenda for City Council Meetings.

All Districts

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

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

19.

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

19.1.

Discussion and action that the City Manager be authorized to execute a Chapter 380 Economic Development Agreement by and between the City of El Paso and Franklin Avenue Apartments LLC, a Texas limited liability corporation, for the construction of a 14-unit multi-family residential project on the vacant lot located at 617 West Franklin Avenue.

District 8

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

Economic and International Development, Jessica L. Herrera, (915) 212-1624

(Attachment)

20.

Goal 3: Promote the Visual Image of El Paso

20.1.

Discussion and action requesting the City Council to waive the requirement that an application for infill development meet two criteria as stated in Section 20.10.280 when only one factor is met, prior to the submission of a special use permit application for the property located at 709 Woodfield Drive, legally described as Lot 10, Block 1, Emerald Valley Estates Replat A, City of El Paso, El Paso County, Texas.

District 1

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

(Attachment)

21.

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

21.1.

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

    Ramos Court, Little Flower Road, and Manning Way Street and Drainage Improvements, District 3, Joe Vela, 212-1848

Capital Improvement Department, Fred Lopez, (915) 212-1808

(Attachment)

22.

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

22.1.

Discussion and action regarding a Resolution on the rate adjustment sought by Texas Gas Service Company, a division of ONE Gas, Inc., in the El Paso Area Rate Review filing of March 31, 2015.

City Attorney’s Office, Brie L. Franco, (915) 212-0033

(Attachment)

23.

MAYOR AND COUNCIL

23.1.

Discussion and action to designate the segment of Loop 375 from I-10 to State highway 62/180 Montana Highway “Joseph C.  Pickett Expressway” and leave the access roads named “Joe Battle”.

Representative Emma Acosta, (915) 212-0003

Representative Michiel Noe, (915) 212-0005

(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.

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

EX2.

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

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

EX3.

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

EX4.

Claim of Investment Builders, Inc., Our File No.15-1039-507 (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/