City Council

Oscar Leeser

Peter Svarzbein, District 1

Mayor

Jim Tolbert, 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 26, 2016

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

July 25, 2016

9:00 AM

ROLL CALL

INVOCATION BY RABBI BEN ZEIDMAN

PLEDGE OF ALLEGIANCE

Diego Luis Macias

Our Lady of the Valley Catholic School

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:

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 12, 2016, the Legislative Review Meeting of the Whole of July 11, 2016, the City Council Work Session of July 11, 2016, the Special City Council Meetings - FY2017 Budget Hearings of June 28, 2016, June 29, 2016,  and June 30, 2016.

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

(Attachment)

(Attachment)

(Attachment)

(Attachment)

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

ACTION ON THE FOLLOWING RESOLUTIONS:

CONSENT AGENDA - RESOLUTIONS:

3.

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

3.1.

That the Purchasing & Strategic Sourcing Director is authorized to notify Ace Government Services LLC, that the City is terminating Contract No. 2016-589 for default effective July 26, 2016, pursuant to the provisions and requirements of Part 4, Paragraph 8B of the Contract Clauses, due to contractor’s failure to provide the required performance bonds.

Districts 6 and 8

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

International Bridges Department, Mathew McElroy, (915) 533-7428

(Attachment)

3.2.

That the City Manager be authorized to sign a Janitorial Services Contract (“Contract”) entered into by and between the City of El Paso (“City”) and TIBH Industries, Inc. and Goodwill Services the performing party, to provide janitorial services for the International Bridges department facilities, for a one-year term beginning on September 1, 2016 and continuing through August 31, 2017 for a cost not to exceed $120,060.00.

Districts 6 and 8

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

International Bridges, Mathew McElroy, (915) 533-7428

(Attachment)

3.3.

A Resolution that the City Manager be authorized to sign the Butterfield Trail Industrial Park Lease Agreement between the City of El Paso as Landlord and Hunt 12 Founders, LLC as Tenant, regarding the following described property:   

Portions of Lots 1, 2, and 9 and all of Lot 10, Block 2, Butterfield Trail Industrial Park Unit One, Replat “A”, an Addition to the City of El Paso, El Paso County, Texas, containing approximately 325,219 square feet or 7.4665 acres of land, more or less, municipally known and numbered as 12 Founders Blvd., El Paso, Texas. This new lease will combine two leases for efficiencies.

Terms:  40 year lease, with two (2) five year options to extend, rent will be adjusted on each fifth (5th)

anniversary based on percentage increases in the Consumer Price Index for all Urban Consumers

(CPI-U), with a 20% cap

Lease area -  325,219 square feet

Rate - $0.24 per square foot (based on fair market value), $78,085.56 annually

Sub Tenant: AT & T

All Districts

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

3.4.

A Resolution  to authorize the Director of Aviation to sign and submit grant applications and related documentation to the Federal Aviation Administration (FAA), and be designated the official representative of the City of El Paso to act in connection with the application process for the Airport Improvement Program (AIP) Project No. 3-48-0077-036-2016.  Also, that upon approval and issuance of such grant by the FAA, the City Manager be authorized to accept and sign the grant agreement, and other necessary documents when the form and substance of those documents has been reviewed and approved by the City Attorney's office.

All Districts

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

3.5.

That the City Manager be authorized to sign the Fourth Amendment to the Economic Development Program Grant Agreement of the City of El Paso by and between the City of El Paso and the Medical Center of the Americas Foundation; a First Amendment to Subordinated Lien Agreement by and among the City of El Paso; Citizens Bank of Las Cruces; BCCCXII, LLC; COCRF SubCDE 30, LLC; MCA Tech Park, Inc.; Medical Center of the Americas Foundation, and MCAmericas Holding, Inc.,  and any other documents approved by the City Attorney necessary and proper to create a valid third lien interest against the Cardwell Collaborative securing the City’s interests and pledging the net funds received by the Medical Center of the Americas Foundation from the New Market Tax Credit refinancing to pay debt service.

Districts 3 and 8

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

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

(Attachment)

4.

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

4.1.

That the Mayor be authorized to sign an Interlocal Agreement (“Agreement”) between the City of El Paso (the “City”) and the County of El Paso (the “County”) related to the Texas Veteran’s Commission Veterans Treatment Court FY16 grant funding to set forth responsibilities and salary reimbursement of up to $46,505.00 for a Police Officer assigned to the El Paso County Veteran’s Court for the period July 1, 2016 through June 30, 2017.  No cash or in-kind match is required from the City.

All Districts

Police, Michelle Gardner, (915) 212-4301

(Attachment)

5.

Goal 3: Promote the Visual Image of El Paso

5.1.

A Resolution approving a detailed site development plan PZDS16-00009 for Tract 14-E-1, J.M Jett Survey No.155, East of Doniphan Drive and North of Sunset Drive, City of El Paso, El Paso County, Texas pursuant to Section 20.04.150. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: East of Doniphan Drive and North of Sunset Drive. Property Owner: The Substation, LLC. PZDS16-00009

District 8

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

6.

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

6.1.

That the City Manager is authorized to sign a Temporary Right-of-Entry Agreement by and between the City of El Paso and Abrams-Kiewit Joint Venture to allow for the relocation, construction and installation of an identified waterline and two (2) 42-inch sanitary sewer lines, if necessary, on a portion of Lots 30 and 31, Sundown Addition, El Paso, El Paso County, Texas, municipally known as 120 Courchesne St., El Paso, Texas, which relocation is required for the Border Highway West Expansion Project.

District 8

Capital Improvement, Monica Lombraña, (915) 212-1831

El Paso Water, Cynthia Osborn, (915) 594-56

(Attachment)

6.2.

That the City Manager be authorized to sign Supplemental Agreements to the May 25, 2011 Multiple Use Agreement with the Texas Department of Transportation for construction, maintenance, and operation of passenger shelters for its Mass Transit System, a/k/a Enhancement of Bus Pads, throughout the City of El Paso, which will allow for additional locations which are needed for passenger shelters for the City Mass Transit System without further authorization from the City Council in a format approved by the City Attorney’s Office, and that any Supplemental Agreements to the is May 25, 2011 Multiple Use Agreement previously signed on behalf of the City of E Paso, are hereby ratified.

All Districts

Capital Improvement, Monica Lombraña, (915) 212-1831

Mass Transit, Jay Banasiak, (915) 212-3300

(Attachment)

7.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

7.1.

That Schedule C, attached to the FY 2016 Budget Resolution and effective September 1, 2015, shall be amended, effective July 26, 2016, as set forth in Attachment A, to reduce the maximum administration fee for Texas Vaccines for children immunizations for patients not covered by Medicaid or CHIP; and

That, City Council authorizes the Director of the Department of Public Health to establish a reduced immunizations program and set variable charges within the specified price range listed in Attachment A, based on the need for special health events including vaccine administration in order to assist members of the local community who are uninsured or underinsured.

All Districts

Public Health, Robert Resendes, (915) 212-6500

(Attachment)

7.2.

A Resolution that City Council approve a Consent to Assignment by and between the City of El Paso and Victor A. Robles, Victor Rejino and Victor F. Nevarez, DBA RNR Properties (“Assignor”), and RNR Holdings, LLC, incorporated under the laws of the State of Texas (“Assignee”) with respect to the City of El Paso’s Investor Home Program Written Agreement executed on November 15, 2012, as amended on January 21, 2014 for RNR Properties, located at 7598 Diana Drive.

District 2

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

Community and Human Development, Arturo Rubio, (915) 212-0139

(Attachment)

7.3.

That the City Manager be authorized to sign a Lease Agreement between the City of El Paso (Landlord) and Pro-Action, Inc. (Tenant), for the building located at 6292 Trowbridge Drive, El Paso, Texas, to operate “Immunize El Paso”, a clinic which provides free or low-cost health services, for an initial term beginning on the effective date of the Lease for a 10-year period, at a rental rate of $1.00 for the initial term, and the initial term may be extended for two, 5-year terms by the Tenant.

District 3

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

Economic and International Development, Jose Carlos Villalva, (915) 504-5880

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

8.

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

8.1.

Ismael Legarreta to the Greater El Paso Civic, Convention and Tourism Advisory Board by Representative Lily Limón, District 7.

Representative Lily Limon, (915) 212-0007

(Attachment)

9.

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

9.1.

Robert Gonzales to the Bicycle Advisory Committee by Representative Peter Svarzbein, District 1.

Representative Peter Svarzbein, (915) 212-1000

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

10.

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

10.1.

Abraham M. Monteros to the Civil Service Commission by Representative Jim Tolbert, District 2.

Representative Jim Tolbert, (915) 212-0002

(Attachment)

11.

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

11.1.

Jose F. Cardenas to the Zoning Board of Adjustment, as an alternate member, by Representative Michiel Noe, District 5.

Representative Michiel Noe, (915) 212-0005

(Attachment)

11.2.

John Karlsruher to the Building and Standards Commission, as an alternate member in the Category of Engineer, by Representative Jim Tolbert, District 2.

Representative Jim Tolbert, (915) 212-0002

(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 $500.00 from UP Railroad Company and $500.00 from Waste Connections for District 7 Summer Fun Programs.

Representative Lily Limon, (915) 212-0007

13.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

13.1.

Notation of upcoming Urban Energy Forum, which will take place on August 11, 2016 from 1 p.m. to 6 p.m., in partnership with the Hub of Human Innovation.

all

City Manager's Office, Nicole Ferrini, (915) 212-0115

(Attachment)

CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

14.

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

14.1.

Request that the Director of Purchasing & Strategic Sourcing Department be authorized to increase a purchase order previously issued administratively for $50,000.00 to The Eagle Janitorial Service by an additional $25,000.00 for Janitorial Services for City Hall 1,2,3,4 and UPTT for an additional transitional period of ten (10) days pursuant to Local Government Code, Chapter 252, Section 252.022(2)-General Exemptions, public health or safety exemption.  

Department:                   Streets & Maintenance

Award to:                        The Eagle Janitorial Service

                                       El Paso, TX

Total Amount:                 $25,000.00

Account No.:                  532-31040-522060-1000-P3120

Funding Source:             General Funds-Maintenance Service Janitorial

                                       Contract

District(s):                       All

Reference No.:              2016-1154

This is Public Health or Safety Exemption pursuant to Local Government Code, Chapter 252, Section 252.022(2)-General Exemptions.

All Districts

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

Streets & Maintenance, Ted Marquez, (915) 212-7015

(Attachment)

15.

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

15.1.

Request that the Director of Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order to Texan Waste Equipment DBA Heil of Texas, a contractor under HGAC Contract RH08-14 for Two (2) Petersen TL-3 Lighting Loader 24 yd. Bulk Trash Grapple Bodies.  The City has made the determination that purchasing from this cooperative offers the most cost-effective pricing.

The participation by the City of El Paso in the HGAC was approved by Mayor and City Council on May 8, 2007.

Department:                       Streets and Maintenance

Award to:                            Texan Waste Equipment DBA Heil of Texas

                                           San Antonio, TX

Total Estimated Award:     $151,722.00 (for 2 units)

Account No.:                      334 – 34130 – 522150 – 3150 – P3470

                                           334 – 34130 – 580290 – 3150 – P3470 –

                                           PESD00160

Funding Source:                ESD – Outside Contracts – NOC

                                           ESD Capital – Heavy Off Road Equipment

District(s):                           All

Reference No.:                  2016-1125

This is a Cooperative, unit price contract.

All Districts

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

Streets and Maintenance, Ted Marquez, (915) 212-7015

(Attachment)

16.

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

16.1.

Request that the Director of Purchasing & Strategic Sourcing be authorized to issue a Purchase Order to Cambridge Systematics, Inc. referencing Contract 2015-1126R New Travel Demand Model. This will be a change order to increase the contract by $112,055.00 for a total amount not to exceed $672,331.00 for the initial term.

Department:                          El Paso Metropolitan Planning Organization

Award to:                               Cambridge Systematics, Inc.

                                              Austin, TX

Total Estimated Amount:      $112,055.00

Account No.:                         568-522150-68010-4950-G781602020

Funding Source                    Capital Projects-TxDot – Outside Contracts

District(s):                              All

All Districts

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

El Paso Metropolitan Planning Organization, Michael Medina, (915) 212-0258

(Attachment)

CONSENT AGENDA - BEST VALUE PROCUREMENTS:

17.

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

17.1.

Request rejection of sole bid received for Solicitation 2016-1049 Janitorial Services - Fire Facilities (4 Buildings) and NW Corral as recommended by the Purchasing & Strategic Sourcing Department and the Streets and Maintenance Department due to being terminated for default for three (3) years.

All Districts

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

Streets and Maintenance, Ted Marquez (915) 212-7115

(Attachment)

CONSENT AGENDA - REQUEST FOR PROPOSAL:

18.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

18.1.

Request that the Director of Purchasing & Strategic Sourcing Department be authorized to exercise the City’s option to extend current Contract 2014-014R Laboratory Services for Municipal Solid Waste Facilities with Environmental Science & Engineering Corp. for two (2) additional years pursuant to the provisions of an award approved by the City Council on November 12, 2013.  The extended contract period will be from November 13, 2016 to November 12, 2018.

Department:                             Environmental Services & Code Enforcement

Award to:                                  Environmental Science & Engineering Corp.

                                                 Mt. Juliet, TN

Annual Estimated Amount:      $23,480.00

Total Estimated Amount:         $46,960.00 (2 years)

Account No.:                            334 - 34000 – 522040 – 3100 – P3425

Funding Source:                      Environmental Services – Environmental

                                                 Contracts

District(s):                                 All

This is a Request for Proposal (RFP), service contract.

All Districts

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

Environmental Services & Code Enforcement, Ellen Smyth, (915) 212-6060

(Attachment)

MAYOR’S PROCLAMATIONS

1.

Texas Association of Mexican American Chambers of Commerce Day

2.

El Paso Baseball Hall of Fame Week

3.

26th Anniversary of the Americans with Disabilities Act

4.

El Paso Elks Lodge No. 187 Day

RECOGNITIONS

Welcome - Marcos Bucio Mújica, Consulate General of México in El Paso

City Employees

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.

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.

19.

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

19.1.

An Ordinance amending Title 6 of the El Paso City Code (Vehicles for Hire); making it applicable to all modes of transportation for hire, to add transportation network company regulations, update definitions, and remove redundant language; revising Chapter 6.04 to rename it (Transportation for Hire), and to add Article I (General Provisions), Article II (Taxicab Operations), Article III (TNC Operations), Article IV (Alternative Transportation-for-Hire), Article V (Sightseeing, Charter, Limousine and Shuttle Operations), Article VI (International Transportation-for-Hire); to update language in Chapter 6.36 (Driverless Automobiles); delete Chapter 6.16 (Taxicabs); delete Chapter 6.20 (International Taxicabs); delete Chapter 6.28 (Sightseeing or Charter Operations); delete Chapter 6.32 (Limousine Service); delete Chapter 6.34 (Nonmotorized Vehicles for Hire); delete Chapter 6.08 (Passenger Buses and Streetcars); delete Chapter 6.12 (Chauffer’s License); delete Chapter 6.24 (Jitneys); delete Chapter 6.40 (Emergency and Transfer Ambulance Services); the penalty being as provided in Sections 1.08.010, 1.08.020 and 1.08.030 of the El Paso City Code.

All Districts

Police, Michelle Gardner, (915) 212-4301

City Manager's Office, Dionne Mack, (915) 212-1070

(Attachment)

PUBLIC HEARING WILL BE HELD ON AUGUST 9, 2016

19.2.

An Ordinance amending Title 9 (Health and Safety), adding Chapter 9.85 (Emergency and Transfer Ambulance Services) as a result of the proposed revisions to Title 6 (Vehicles for Hire) which is where Chapter 6.40 (Emergency and Transfer Ambulance Services) has been located prior to said proposed Title 6 revisions; the penalty being as provided in Sections 1.08.010. 1.08.020 and 1.08.030 of the El Paso City Code.

All Districts

Police, Michelle Gardner, (915) 212-4301

City Manager's Office, Dionne Mack, (915) 212-1070

(Attachment)

PUBLIC HEARING WILL BE HELD ON AUGUST 9, 2016

19.3.

An Ordinance amending Title 10 of the El Paso City Code (Public Peace, Morals and Welfare), Chapter 10.24 (Miscellaneous Offenses) to add Section 10.24.050 (Sun Metro Priority Seating); the penalty being as provided in Sections 1.08.010, 1.08.020 and 1.08.030 of the El Paso City Code.

All Districts

Police, Michelle Gardner, (915) 212-4301

City Manager's Office, Dionne Mack, (915) 212-1070

(Attachment)

PUBLIC HEARING WILL BE HELD ON AUGUST 9, 2016

19.4.

An Ordinance amending Title 12 of the El Paso City Code (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.160 (Schedule XV – City Taxicab Zone) to update references to Title 6 sections; the penalty being as provided in Sections 1.08.010, 1.08.020 and 1.08.030 of the El Paso City Code. .

All Districts

Police, Michelle Gardner, (915) 212-4301

City Manager's Office, Dionne Mack, (915) 212-1070

(Attachment)

PUBLIC HEARING WILL BE HELD ON AUGUST 9, 2016

19.5.

An Ordinance amending El Paso City Code Title 14 (Aircraft and Airports), Chapter 14.16 (Airport Use Regulations), to delete Article V (Ground Transportation Taxicab Services) in its entirety; to rename Chapter 14.16, Article III to Chapter 14.16, Article III (Ground Transportation Services) and making it applicable to all modes of ground transportation; the penalty being as provided in Sections 1.08.010, 1.08.020 and 1.08.030 of the El Paso City Code.

All Districts

Police, Michelle Gardner, (915) 212-4301

City Manager's Office, Dionne Mack, (915) 212-1070

(Attachment)

PUBLIC HEARING WILL BE HELD ON AUGUST 9, 2016

19.6.

An ordinance amending Title 12 (Vehicles and Traffic)—Chapter 12.80 (Miscellaneous Traffic Regulations)—Section 12.80.030 (Coasters, Roller Skates, And Similar Devices—Use Restrictions) relating to the applicability in the Civic Center Plaza and the Arts Festival Plaza, and expanding applicability to the San Jacinto Plaza, Sidewalk Café Areas, and the entire area of the Downtown Management District. The penalty being as provided in Section 1.08.010 of the El Paso City Code.

District 8

City Manager's Office, Dionne Mack, (915) 212-1070

(Attachment)

PUBLIC HEARING WILL BE HELD ON AUGUST 9, 2016

20.

Goal 3: Promote the Visual Image of El Paso:

20.1.

An Ordinance granting Special Permit No. PZST16-00010, to allow for a ground-mounted 66’ Personal Wireless Service Facility on the property described as a portion of Lots 1, Block 1, Radco Industrial Park, City of El Paso, El Paso County, Texas, Pursuant to Section 20.10.455 of the El Paso City Code. The penalty being as provided in Chapter 20.24 of the El Paso City Code.  Subject Property: 11400 Wilkinson Dr.  Property Owner: Noe S. Castillo  PZST16-00010

District 7

Planning & Inspections, Larry Nichols, (915) 212-1550

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON AUGUST 23, 2016

21.

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

21.1.

An Ordinance authorizing the City Manager to execute a Quitclaim (Tax Resale) Deed conveying to Stacye McClain, all of the right, title, and interest of the City of El Paso, and all other taxing units interested in the tax foreclosure judgment in the following described real property:  Lot 24, Block 30, Panorama Village #5, El Paso County, Texas.

County

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON AUGUST 9, 2016

21.2.

An Ordinance authorizing the City Manager to execute a Quitclaim (Tax Resale) Deed conveying to Stacye McClain, all of the right, title, and interest of the City of El Paso, and all other taxing units interested in the tax foreclosure judgment in the following described real property: Lot 25, Block 30, Panorama Village #5, El Paso County, Texas.

County

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON AUGUST 9, 2016

22.

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

22.1.

An Ordinance adopting the City of El Paso Bike Plan as the official bicycle master plan for the City of El Paso and to incorporate this plan as an addendum to Plan El Paso.

All Districts

Capital Improvement, Monica Lombraña, (915) 212-1831

PUBLIC HEARING WILL BE HELD ON AUGUST 9, 2016

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

23.

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

23.1.

Discussion and action to award Solicitation 2016-585 for Westside Pool - Natatorium to ARROW BUILDING CORP. for an estimated total amount of $12,446,083.00.

Department:                             Capital Improvement

Award to:                                  ARROW BUILDING CORP.

                                                 El Paso, TX

Total Estimated Award:            $12,446,083.00

Account No.:                             580270-190-29010-4800-PCP13PRKC07

Funding Source:                       2012 Quality of Life Bonds

District(s):                                 1 & 8

This is a Competitive Sealed Proposal, lump sum contract.

The Purchasing & Strategic Sourcing Department and Capital Improvement Department recommend award as indicated to ARROW BUILDING CORP., the bidder offering the best value bid.

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 and that an additional $1,707,393.00 be allocated to the overall project to cover contingency, art and O & M costs related to the facility and that such funding come from savings from bond refinancing through the issuance of certificate of obligation funds.

As a part of this award, upon the review of the City Attorney, the Capital Improvement Director 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.

Districts 1 and 8

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

Capital Improvement, Monica Lombrana, (915) 212-0065

(Attachment)

23.2.

Discussion and action that the use of the Design-Build alternative project delivery method for the Lionel Forti and Chelsea Aquatic Facilities construction project is approved and the Director of the Capital Improvement Department is authorized to issue a solicitation using the Design-Build method for the Lionel Forti and Chelsea Aquatic Facilities construction project.

Districts 7and 2

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

Capital Improvement, Monica Lombrana (915) 212-0065

(Attachment)

24.

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

24.1.

Discussion and action on the award of Solicitation No. 2016-1024 (Animal Transport Vehicles) to Southwest Truck Sales for a total award of $546,602.96 (8 units). The award is to include an option to purchase additional quantities at the same unit price for the amount of $546,602.96 (8 additional units) for a total award of $1,093,205.92

Department:                 Streets & Maintenance

Award to:                      Southwest Truck Sales         

                                     El Paso, TX

Item(s):                         All

Option:                         To purchase 100% at the same unit price if exercised

                                     within 180 days from date of award

Initial Award:                $546,602.96 (8 units)

Total Award:                 $1,093,205.92 (include option to purchase additional

                                     units)

Account No.:                Dept: 334 Div: 34030 Acct: 580540 Fund: 3150

                                     Program: P3440 Project: PESD00160

Funding Source:          Capital – Cars_Pickups_Vans

District(s):                     All

This is a Best Value, unit price contract.

The Purchasing & Strategic Sourcing Department and Streets & Maintenance recommend award as indicated to Southwest Truck Sales., 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 & Strategic Sourcing, Bruce D. Collins, (915) 212-1181

Streets & Maintenance, Ted Marquez, (915) 212-7000

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

25.

Goal 3: Promote the Visual Image of El Paso

25.1.

An Ordinance changing the zoning of a portion of Tract 3, Block 6, Christy Tract, 8040 Valley View, City of El Paso, El Paso County, Texas from R-F (Ranch-Farm) to S-D (Special Development), and imposing a condition. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 8040 Valley View. Property Owner: Jose M. Uresti. PZRZ15-00037

District 7

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

25.2.

An Ordinance granting Special Permit No. PZST15-00044, to allow for infill development with a reduction in front setbacks, on the property described as a portion of Tract 3, Block 6, Christy Tract, 8040 Valley View, 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: 8040 Valley View. Property Owner: Jose M. Uresti. PZST15-00044

District 7

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

25.3.

An Ordinance changing the zoning of the real property known as: Parcel 1: Lots 1,2,4, and 5, Block 1, Del Mesa Addition, City of El Paso, El Paso County, Texas, From C-2 (Commercial) to C-1 (Commercial); and Parcel 2 & 3: A Portion of Tract 4A, now known as Tract 4C-1, Morehead Block, City of El Paso, El Paso County, Texas, from C-2/sp (Commercial/special permit) and R-4/sp (Residential/special permit) to C-1 (Commercial); and Imposing a Condition that a Detailed Site Development Plan be reviewed and approved in accordance with the El Paso City Code prior to building permits being issued, and repealing Special Permit No. SU-99009 as it pertains to Parcels 2 and 3. The Penalty is as provided for in Chapter 20.24 of the El Paso City Code to allow a new 11,945 sq. ft. Retail Pharmacy Building with Drive-thru. The penalties for violating the standards imposed through this rezoning ordinance are found in Section 20.24 of the El Paso City Code. Subject Property: 5331 Montana Ave.; 5305 Montana Ave.; 1012 Cardon Street. Owner: Parcel 1: El Paso West Airport LTD; Parcel 2 & 3: William Welsh (Executor of the Estate). PZRZ16-00005

District 2

Planning & Inspections, Larry F. Nichols, (915) 212-1550

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

(Attachment)

25.4.

An Ordinance amending conditions placed on property by Ordinance No. 16788 which changed the zoning of Lots 1 and 2, Block 1, V.A.L. Tract, City of El Paso, El Paso County, Texas, and which imposed conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Property Owner: El Paso City Employees’ Pension Fund. PZCR16-00003

District 2

Planning & Inspections, Larry F. Nichols, (915) 212-1550

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

(Attachment)

25.5.

An Ordinance amending Title 20 (Zoning), Chapter 20.04 (Administrative Provisions), Article VI (Changes and Amendments), Section 20.04.380 (Application Requirements) of the El Paso City Code, to allow for deferral of the requirement for a traffic impact analysis under certain circumstances.  The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

All Districts

Planning and Inspections, Larry Nichols, (915) 212-1551

Planning and Inspections, Raul Garcia, (915) 212-1643

(Attachment)

25.6.

An Ordinance vacating the city right-of-way over a portion of Magnolia Street 70’ Right-of-Way lying between Blocks 48 and 49, Bassett Addition, City of El Paso, El Paso County, Texas. SURW16-00001

District 8

Planning and Inspections, Larry F. Nichols, (915) 212-1550

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

(Attachment)

25.7.

An Ordinance amending Title 18 (Building and Construction), Chapter 18.46 (Landscape Code), reformatting existing provisions, adding variances, adjusting calculations based on land use and expanding plant selection options, the penalty being as provided in Section 18.46.320 (Violations-Penalty) of the El Paso City Code.

All Districts

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Laura A. Foster, (915) 238-3514

(Attachment)

25.8.

An Ordinance changing the zoning of the property described as lots 18,19 and 20, Block 6, Womble Addition, 6292 Trowbridge Drive, City of El Paso, El Paso County, Texas from R-5 (RESIDENTIAL) to S-D (SPECIAL DEVELOPMENT), pursuant to Section 20.04.360, and approving a detailed site development plan pursuant to Section 20.04.150 and 20.10.360 of the El Paso City Code to allow for a medical office/clinic as permitted in the S-D (Special Development) Zone District. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. (District 3). Subject Property: South of Trowbridge and East of Geronimo. Property Owner: City of El Paso. PZRZ16-00013 [POSTPONED FROM 07-12-2016]

District 3

Planning and Inspections, Larry Nichols, (915) 212-1550

Planning and Inspections, Joaquin Rodriguez, (915) 212-1608

(Attachment)

25.9.

An Ordinance changing the zoning of Lots 40-43, Block 2, Zach White Industrial, 4610 Doniphan Drive, City of El Paso, El Paso County, Texas from P-I (Planned Industrial) to C-4 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 4610 Doniphan Drive. Property Owner: Reality Properties, LLC. PZRZ16-00006 [POSTPONED FROM 06-14-2016 AND 07-12-2016]

District 8

Planning and Inspections, Larry F. Nichols, (915) 212-1550

Planning and Inspections, Andrew Salloum, (915) 212-1643

(Attachment)

25.10.

An Ordinance vacating a portion of City Right-of-Way over a portion of Avalon Drive Right-of-Way and a 20' alley out of Cielo Vista Amended Plat, City of El Paso, El Paso County, Texas. [POSTPONED FROM 06-28-2016 AND 07-12-2016]

District 3

Planning & Inspections, Larry F. Nichols, (915) 212-1550

Planning & Inspections, Armida R. Martinez, (915) 212-1605

(Attachment)

26.

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

26.1.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.030 (Schedule III-Parking prohibited at all times on certain streets) of the El Paso City Code, to add the north side of Rex Baxter Dr. from residential driveway 11405 to 11400, the penalty being as provided in Section 12.84.010 and Chapter 12.85 of the El Paso City Code.

District 7

Streets and Maintenance, Ted Marquez, (915) 212-0151

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

27.

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

27.1.

Discussion and action on a Resolution approval of the Department of Aviation's, El Paso International Airport (EPIA), five-year capital improvement plan (FY2017 through FY2021) in the estimated total projects cost amount of $107,589,485, and to authorize the City Manager to make all necessary budget transfers prior to the execution of the projects.

All Districts

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

28.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

28.1.

Discussion and action on a Resolution that the following affordable rental and housing developments are approved for funding commitment, as recommended by the Director of Community and Human Development: 1) Zima Properties LLC, located at 4805 Apollo, El Paso, TX (District 2) with the total development cost of $467,500 and 2) Jesse Prentice Loftin Mission Apartments Phase III, located at 6968 Alameda, El Paso, TX (District 3) with the total development cost of $501,930. That the City Manager, on behalf of the City, be authorized to sign the applicable Investor HOME Written Agreements or Community Housing Development Organization (CHDO) HOME Written Agreements in a from substantially similar to the form contract specified in Exhibit “A” by and between the City and each respective project developer, as well as any related contract documents necessary to effectuate, the award(s) and to secure and protect the City’s lien interest, upon the recommendation of the Director of Community and Human Development and the approval of the City Attorney’s Office.

Districts 2 and 3

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

Community and Human Development, Arturo Rubio, (915) 212-0139

(Attachment)

29.

MAYOR AND COUNCIL

29.1.

Discussion and action to update, amend, revise and/or add rules to the City of El Paso’s Ethics ordinance #017112, 017752. [POSTPONED FROM 06-28-2016]

Representative Emma Acosta, (915) 212-0003

(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.

JNC Land Co., Inc. v. The City of El Paso, Texas; Our Matter No. 11-1004-109 (551.071)

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

EX2.

Tariff Control No. 46164 Petition of El Paso Electric Company for Approval to Revise Military Base Discount Recovery Factor tariff pursuant to PURA §36.3454 (551.071)

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

EX3.

Railroad Commission of Texas Gas Utility Docket 10536, Appeal of Texas Gas Service Company, a division of ONE Gas, Inc. from the Action of the City of El Paso. (551.071)

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

EX4.

SOAH Docket 473-15-5257 PUC Docket No. 44941 – Application of El Paso Electric Company to Change Rates and SOAH DOCKET NO. 473-16-1685 PUC DOCKET NO. 45475, Review of Rate Case Expenses Incurred by El Paso Electric Company and Municipalities in Docket 44941 (551.071)

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

EX5.

Negotiations with El Paso Children's Museum Foundation (551.071 and 551.072)

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

EX6.

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

ADDITIONS TO THE AGENDA

ADDITION TO THE AGENDA FOR

REGULAR COUNCIL MEETING

COUNCIL CHAMBERS, CITY HALL

Tuesday, July 26, 2016

8:00 AM

The following is added to the City Council Agenda of Tuesday, July 26, 2016 at 8:00 AM:

REGULAR AGENDA - OTHER  BUSINESS

1.

MAYOR AND COUNCIL

1.1

Discussion and action to collaborate with the County of El Paso, City of San Elizario and City of Socorro to preserve, enhance and promote the El Paso Mission Trail.

Mayor Oscar Leeser, (915) 212-0021

(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.

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

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/