		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

MINUTES FOR REGULAR COUNCIL MEETING
August 11, 2015
COUNCIL CHAMBERS, CITY HALL
8:00 AM

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	ROLL CALL The City Council met in regular session at the above place and date. Meeting was called to order at 8:03 a.m. Mayor Oscar Leeser present and presiding and the following Council Members answered roll call: Larry Romero, Emma Acosta, Carl Robinson Michiel R. Noe, Lilia Limón, and Cortney Niland. Late arrivals: Claudia Ordaz at 8:07 a.m. and Peter Svarzbein, at 8:08 a.m. The invocation was given by Police Chaplain Carlos Flores, followed by the Pledge of Allegiance to the Flag of the United States of America.
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		INVOCATION BY POLICE CHAPLAIN CARLOS FLORES
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		PLEDGE OF ALLEGIANCE

		Arianna Talamantes
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		MAYOR’S PROCLAMATIONS

					1.	Texas Lyceum Week in El Paso

					2.	Congressman Silvestre & Carolina Reyes Elementary Grand Opening Day

					3.	80th Anniversary of the Social Security Act
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		RECOGNITIONS

		Commemoration of the end of U.S. involvement in Vietnam

		SGT Anthony L. Spall - Wall of Giants: Fort Bliss
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		8:00 A.M. – 8:30 A.M. CALL TO THE PUBLIC – PUBLIC COMMENT The following members of the public commented: Mr. Jerry Thiedt Mr. Leonard Ayala Mr. Richard Schecter Mr. Jesus Luna Mr. Keith Farruw Mr. James Perry Ms. Wally Cech Mr. Jorge Rueda Ms. Lisa Turner Mr. Alfonso Roldan Mr. Basim Mosa Mr. Pedro Carrion Mr. Miguel Miranda Mr. Salvador Gomez Mr. Hector Montes Representative Niland Commented.
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		NOTICE TO THE PUBLIC – CONSENT AGENDA Motion made by Mayor Pro Tempore Noe, seconded by Representative Romero, and unanimously carried to APPROVE, AS REVISED, all matters listed under the Consent Agenda unless otherwise noted. (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}. AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland NAYS: None
		…………………………………………………………………………………………………….. CONSENT AGENDA - APPROVAL OF MINUTES:
		1.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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		1.1.	1st MOTION Motion made, seconded, and unanimously carried to APPROVE Minutes for the Regular City Council Meeting of August 4, 2015, the Legislative Review Meeting of the Whole of August 3, 2015, and the Special City Council Meetings of August 3, 2015. 2ND MOTION Motion made by Representative Niland, seconded by Representative Acosta, and unanimously carried to RECONSIDER the item. 3rd AND FINAL MOTION Motion made by Representative Niland, seconded by Representative Acosta, and unanimously carried to DELETE the Minutes for the Regular City Council Meeting of August 4, 2015, the Legislative Review Meeting of the Whole of August 3, 2015, and the Special City Council Meetings of August 3, 2015.
		CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
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		2.	CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS: NO ACTION taken on this item
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		CONSENT AGENDA - RESOLUTIONS:
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		3.	Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
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		3.1.	RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:* That the City Manager be authorized to sign a Lessor’s Approval of Assignment by and between the City of El Paso (“Lessor”); California State Teachers’ Retirement System (CALSTRS) (“Assignor”); and Hunt 12 Founders, LLC (“Assignee”) for the following described property: Portions of Lots 1 and 2, Block 2, Butterfield Trail Industrial Park Unit One, Replat “A”, an Addition to the City of El Paso, El Paso County, Texas, containing 47,243 square feet or 1.085 acres of land and municipally known and numbered as 12 Founders Blvd., El Paso, Texas.
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		3.2.	*RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Manager be authorized to sign a Lessor’s Approval of Assignment by and between the City of El Paso (“Lessor”); California State Teachers’ Retirement System (CALSTRS) (“Assignor”); and Hunt 12 Founders, LLC (“Assignee”) for the following described property: A portion of Lots 1, 2, 9 and 10, Block 2, Butterfield Trail Industrial Park Unit 1, Replat A, an Addition to the City of El Paso, El Paso County, Texas, containing 277,976.0 square feet or 6.3815 acres of land, more or less, and municipally known and numbered as 12 Founders Blvd., El Paso, Texas.
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		CONSENT AGENDA - BOARD RE-APPOINTMENTS:
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		4.	Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
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		4.1.	Motion made, seconded, and unanimously carried to RE-APPOINT* Robert Ardovino to the City Plan Commission by Mayor Oscar Leeser.
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		CONSENT AGENDA - BOARD APPOINTMENTS:
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		5.	Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
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		5.1.	Motion made, seconded, and unanimously carried to APPOINT* Rebeca Bustamante to the City Plan Commission by Representative Michiel Noe, District 5.
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		5.2.	*Motion made, seconded, and unanimously carried to APPOINT Robert Garland III to the Construction Board of Appeals by Mayor Oscar Leeser.
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		CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:
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		6.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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		6.1.	Motion made, seconded, and unanimously carried that the tax refunds listed on the attachment posted with this agenda be APPROVED,* subject to auditor approval: Walter V. and Joan C. Hurd in the amount of $7,905.88 overpayment on April 30, 2015 of 2014 taxes. (Geo. # C340-999-0950-0300) 2. Green Tree Servicing LLC in the amount of $2,837.30 overpayment on June 15, 2015 of 2014 taxes. (Geo. # S533-000-0210-1302)
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		CONSENT AGENDA - NOTICE FOR NOTATION:
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		7.	Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
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		7.1.	Motion made, seconded and unanimously carried to APPROVE* the donation of $500.00 from El Paso Electric for District 7 Summer Fun Programs.
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		7.2.	Motion made, seconded and unanimously carried to APPROVE* the donation of $500.00 from The Electric Company for the Music in the Park Events in hosted by District 4.
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		CONSENT AGENDA - BEST VALUE PROCUREMENTS:
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		8.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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		8.1.	Motion made, seconded and unanimously carried to AUTHORIZE* the Director of Purchasing & Strategic Sourcing to exercise the City’s option to extend current Contract 2012-093 Vehicle Radiator & Tank Repairs and Services with Emmett Radiator Service, Inc. for two (2) additional years pursuant to the provisions of an award approved by the City Council on August 14, 2012. The extended contract period will be from August 14, 2015 to August 13, 2017. Department: Streets & Maintenance – Fleet Division Award to: Emmett Radiator Services, Inc. El Paso, TX Option: One [of One] Annual Estimated Amount: $100,000.00 Total Estimated Amount: $200,000.00 (2 years) Account No.: 231 – 37020 – 531210 – 3600 – P3711 231 – 37020 – 531250 – 3600 – P3701 Funding Source: Inventory Purchases Materials and Supplies Equipment Outside Repair Services
		CONSENT AGENDA - REQUEST FOR PROPOSAL:
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		9.	Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
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		9.1.	Motion made, seconded and unanimously carried to AWARD* Solicitation No. 2015-927R (Library Copier Services Rebid) to Dahill Office Technology Corporation for an initial four year (4) term. The estimated gross revenue to be generated during the initial term is $50,200. The gross revenue generated during the option year is $12,550, for total estimated gross revenue of $62,750; the net amount of revenue for the City is 43.84% of the gross amount, or approximately $27,509. Department: Library Vendor: Dahill Office Technology Corporation San Antonio, Texas Initial Term:: 4 years Option to Extend: 1 year Annual Estimated Amount: $12,550 (Library Gross Revenue) Initial Term Estimated Award: $50,200 (Library Gross Revenue) (4 year Total) Total Estimated Award: $62,750 (Library Gross Revenue) (5 Year Total) Account No.: Revenue Generating Funding Source: Revenue Generating District(s): All This is a Request for Proposal, revenue generating contract. The Purchasing & Strategic Sourcing and the Library recommend award as indicated to Dahill Office Technology Corporation, the highest ranked proposer. In accordance with this award, the City Manager or designee is authorized to exercise future options if needed.
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		REGULAR AGENDA - FIRST READING OF ORDINANCES Motion made by Representative Niland, seconded by Representative Romero, and unanimously carried that the following Ordinances, having been introduced pursuant to Section 3.9B of the El Paso City Charter, be ADVERTISED for public hearing:
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		10.	Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development:
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		10.1.	An Ordinance amending Ordinance numbers 018064 and 018223 which amended and updated the zone schedule No. 1, Rates, Rules, Charges and Regulations applying at Foreign Trade Zone No. 68, El Paso, Texas; to amend the definition of Distribution Site Operator and to set the annual fees for Manufacturing Operator and Distribution Site Operator as listed in the Tariff Schedule; and to revise appendices D and E to the Tariff Schedule. PUBLIC HEARING WILL BE HELD ON AUGUST 18, 2015
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		10.2.	An Ordinance approving the form of the Foreign Trade Zone Distribution Site Operator Agreement and authorizing the City Manager to execute said agreement. PUBLIC HEARING WILL BE HELD ON AUGUST 18, 2015
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		11.	Goal 7: Enhance and Sustain El Paso’s Infrastructure Network:
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		11.1.	An Ordinance granting a License to the Camino Real Regional Mobility Authority, a regional mobility authority created and operating pursuant to Chapter 370 of the Texas Transportation Code, to permit the construction, installation, maintenance, use and repair of bicycle share facilities on certain public properties, including public rights-of-way in the City of El Paso, El Paso County, Texas. PUBLIC HEARING WILL BE HELD ON AUGUST 18, 2015 Representatives Svarzbein, Noe, Limón, and Niland commented. The following City staff members commented: Ms. Elizabeth Gibson, Program Manager, Planning and Inspections. Ms. Sylvia Firth, City Attorney, gave legal advice.
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		11.2.	An Ordinance amending Title 12 (Vehicles and Traffic) Chapter 12.44 (Stopping, Standing and Parking Generally) of the El Paso City Code to add Section 12.44.300 (Educational Parking District) to create an educational parking district and restrictions; the penalty being as provided in sections 12.84.010 and Chapter 12.85 of the El Paso City Code. PUBLIC HEARING WILL BE HELD ON AUGUST 18, 2015
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		11.3.	An Ordinance amending Title 12 (Vehicles and Traffic) Chapter 12.88 (Schedules), Section 12.88.200 (Schedule XVII-Restrictions on Parking in Residential Districts), of the El Paso City Code to create a new zone for an educational parking district in the area surrounding the Mesita Early Childhood Development Center, the penalty being as provided in Section 12.84.010 and Chapter 12.85 of the El Paso City Code. PUBLIC HEARING WILL BE HELD ON AUGUST 18, 2015
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		REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS
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		12.	Goal 8: Nurture and Promote a Healthy, Sustainable Community
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		12.1.	Motion made by Representative Niland, seconded by Representative Ordaz, and unanimously carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing be authorized to exercise the City’s option to extend current Contract 2009-052R (Health Information Management System) with Advanced Business Software, LLC for five (5) additional years (years 6-10) pursuant to the provisions of an award approved by the City Council on August 18, 2009, and the commencement date was February 8, 2010. The extended contract period will be August 11, 2015 to August 10, 2020. Department: Public Health Award to: Advanced Business Software, LLC Lakeside, CA Items: All Option: One [of One] Estimated Amount: $644,000 Account No.: 341-1000-41080-531120 Funding Source: Department of Public Health, Outside Contracts District(s): All
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		REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES
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		13.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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		13.1.	ORDINANCE 018401 The City Clerk read an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS, CALLING A SPECIAL ELECTION FOR THE SUBMISSION OF CHARTER AMENDMENTS TO BE HELD WITHIN THE CITY, ON NOVEMBER 3, 2015; MAKING PROVISIONS FOR THE CONDUCT OF THE ELECTION AND OTHER PROVISIONS INCIDENT AND ELATED TO THE PURPOSE OF THIS ORDINANCE. Representatives Svarzbein, Noe, and Limón commented. Ms. Laura Cruz-Acosta, Assistant to the City Manager, commented. 1ST MOTION Motion made by Mayor Pro Tempore Noe, seconded by Representative Niland to AMEND the Ordinance by removing Amendment No. 2 regarding raises for City Council. MOTION PASSED. AYES: Representatives Romero, Acosta, Robinson, Noe, Ordaz, Limón, and Niland NAYS: None ABSTAIN: Representative Svarzbein 2ND MOTION Motion made by Representative Ordaz, seconded by Representative Svarzbein, and carried to HOLD the City Charter election in November 2016. MOTION FAILED. AYES: Representatives Svarzbein, Robinson, Ordaz and Limon. NAYS: Mayor Leeser and Representatives Romero, Acosta, Noe and Niland Mayor cast tie-breaking vote, voting “Nay” vote to defeat the motion. 3rd MOTION Motion made by Representative Acosta, seconded by Mayor Pro Tempore Noe, and carried to APPROVE the Ordinance as amended. AYES: Representatives Romero, Acosta, Noe, Niland, and Ordaz NAYS: Representatives Robinson and Limón ABSTAIN: Representative Svarzbein 4th MOTION Motion made by Representative Ordaz, seconded by Representative Limón, and unanimously carried to RECONSIDER the item. 5th AND FINAL MOTION Motion duly made by Representative Acosta, seconded by Mayor Pro Tempore Noe, that the Ordinance be ADOPTED, AS AMENDED. Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows: AYES: Mayor Leeser and Representatives Romero, Acosta, Noe, and Niland NAYS: Representatives Svarzbein, Robinson, Ordaz, and Limón Mayor cast tie-breaking vote, voting “Aye” to approve the motion. MOTION PASSED. Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED, AS AMENDED.
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		13.2.	Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to CLOSE the 2nd Public Hearing on the Proposed FY2016 Property Tax Rate of $0.729725. Mr. Robert Cortinas, Director for Office of Management and Budget, presented a PowerPoint presentation (copy on file in City Clerk’s Office).
		………………………………………………………………………………………………… The City Council Meeting was RECESSED at 10:24 a.m. in order to convene the Mass Transit Board Meeting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The City Council Meeting was RECONVENED at 10:31 a.m. …………………….………………………………………………………………………………
		REGULAR AGENDA - OTHER BUSINESS
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		14.	Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
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		14.1.	R E S O L U T I O N NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: 1. That the Empowerment Zone Revolving Loan Fund Small Business Loan application and loan funding be approved to El Paso Brewing Company, LLC, in the amount of $240,000.00 for leasehold improvements and equipment purchase, as recommended by the Director of Community and Human Development; and 2. That the City Manager be authorized to execute any and all loan related documents by and among the City of El Paso, El Paso Brewing Company, LLC, and loan guarantor(s), required to meet loan program requirements, loan disbursement, and loan securitization upon approval by the City Attorney's Office. Ms. Veronica Soto, Community and Human Development Director, presented a PowerPoint presentation. (copy on file in City Clerk’s Office). Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to APPROVE the Resolution NOT PRESENT FOR THE VOTE: Representative Romero.
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		15.	Goal 3: Promote the Visual Image of El Paso
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		15.1.	R E S O L U T I O N NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Council hereby waives the two factor requirement to designate a property with an infill development overlay pursuant to Municipal Code 20.10.280A for the following property legally described as a Portion of Lot 2, Block 27, West Hills #13, 410 Thorn Avenue, City of El Paso, El Paso County, Texas. Mr. Carlos Gallinar, Deputy Director, Planning and Inspections, presented a PowerPoint presentation, (copy on file in City Clerk’s Office). Representative Robinson commented. Motion made by Mayor Pro Tempore Noe, seconded by Representative Limón, and carried to APPROVE the Resolution AYES: Representatives Svarzbein, Romero, Acosta, Noe, Ordaz and Limón. NAYS: Representative Robinson NOT PRESENT FOR THE VOTE: Representative Niland.
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		16.	Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community
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		16.1.	Presentation on status and general overview of Capital Projects, including: Skyline Park Improvements, District 4, Ismael Cepeda, 212-1809 Mr. Ismael Cepeda, Capital Improvement, presented a PowerPoint presentation (copy on file in City Clerk’s Office). NO ACTION taken on this item
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		17.	Goal 6: Set the Standard for Sound Governance and Fiscal Management
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		17.1.	R E S O L U T I O N NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO: That the City Council hereby waives the two factor requirement to designate a property with an infill development overlay pursuant to Municipal Code 20.10.280A for the following property legally described as a Portion of Lot 2, Block 27, West Hills #13, 410 Thorn Avenue, City of El Paso, El Paso County, Texas. Representatives Acosta and Robinson questioned the following City staff member: Mr. Mike Medina, MPO Director, commented. Motion made by Representative Acosta, seconded by Representative Niland, and unanimously carried to APPROVE the Resolution NOT PRESENT FOR THE VOTE: Representative Svarzbein.
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		18.	Goal 8: Nurture and Promote a Healthy, Sustainable Community
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		18.1.	Motion made, seconded, and unanimously carried to DELETE* the Resolution authorizing the Mayor to sign the Declaration of Service to join the Cities of Service coalition. At no cost to the city, coalition members receive access to funding opportunities, ongoing programmatic and logistical guidance and support, print and online resources, targeted training, and potential peer recognition and press opportunities. By signing this declaration, Cities of Service mayors commit to supporting volunteerism and service opportunities and in our community. Signing this declaration allows for the City of El Paso to become eligible to apply for certain grant opportunities, including the Resilience AmeriCorps initiative, which could provide the City of El Paso with full-time AmeriCorps volunteers to support our resilience efforts.
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		EXECUTIVE SESSION Motion made by Mayor Pro Tempore Noe, seconded by Representative Romero, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 10:53 a.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following: Section 551.071 CONSULTATION WITH ATTORNEY Section 551.072 DELIBERATIONS REGARDING REAL PROPERTY Section 551.073 DELIBERATION REGARDING PROSPECTIVE GIFTS Section 551.074 PERSONNEL MATTERS Section 551.076 DELIBERATION REGARDING SECURITY DEVICES Section 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS Motion made by Representative Niland, seconded by Representative Romero, and unanimously carried to adjourn the Executive Session at 1:14 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

		EX1.		San Jacinto Plaza Redesign, Solicitation No. 2014-043; Matter No. 12-1004-214 (551.071) NO ACTION taken on this item

		EX2.		Barron Park, Contract No. 2014-007; Matter No. 13-1004-392 (551.071) NO ACTION taken on this item

		EX3.		PUC Docket No. 44941 - Application of El Paso Electric Company to Change Rates (551.071) Motion made by Mayor Pro Tempore Noe, seconded by Representative Romero, and unanimously carried that the City Attorney to file a Motion in Intervention in PUC Docket No. 44941 – Application of El Paso Electric Company to Change Rates. This Motion is intended to grant broad authority to the City Attorney to take any action necessary to address these matters in consultation with the City Manager. This authorization also authorizes the City Attorney to retain outside Counsel and any necessary consultants in connection with this matter. NOT PRESENT FOR THE VOTE: Representative Robinson

		EX4.		State of Texas v. Abelardo Pichardo; Matter No. 12-1005-285 (551.071) Motion made by Mayor Pro Tempore Noe, seconded by Representative Acosta, and unanimously carried that the City of El Paso consents to a waiver of privilege to former Assistant City Attorney Kenneth A. Krohn to testify as a witness in the case styled State of Texas v. Abelardo Pichardo; Matter No. 12-1005-285, with regard to matters related to his representation of the City in matters involving Abelardo Pichardo. NOT PRESENT FOR THE VOTE: Representative Robinson

		EX5.		The August 9, 2011 Economic Development Program Grant Agreement between the City of El Paso and The Hub of Human Innovation Inc. (Section 551.087) NO ACTION taken on this item
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		ADDITIONS TO THE AGENDA
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			REGULAR AGENDA - OTHER BUSINESS
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			Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
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		1.	R E S O L U T I O N WHEREAS, the City of El Paso is entitled to appoint two members of the El Paso Central Appraisal District Board ("CAD Board"); WHEREAS, former City Council Representative Ann Morgan Lilly was appointed to serve a term from March 18, 2014 on the CAD Board that expires on December 31, 2015; WHEREAS, former Representative Ann Morgan Lilly has indicated she no longer desires to serve as a CAD Board Member; WHEREAS, the Resolution Changing the Number of Members of the Central Appraisal District Board of Directors dated March 4, 1980 states that the Council may appoint a replacement Director for the remainder of the. unexpired term; and WHEREAS, City Council desires to appoint a new member to the E1 Paso Central Appraisal District Board to fill the position previously held by former Representative Ann Morgan Lilly. NOW T REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELPASO: That Joyce. Wilson is hereby appointed to the El Paso Central Appraisal District Board of Directors commencing August 11, 2015 to fill the unexpired term that expires on December 31, 2015. Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and carried to APPROVE the Resolution. AYES: Representatives Romero, Acosta, Robinson, Noe, Ordaz, and Niland NAYS: Representative Limón NOT PRESENT FOR THE VOTE: Representative Svarzbein
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		ADJOURN Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to ADJOURN this meeting at 1:14 p.m.

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APPROVED AS TO CONTENT:

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Richarda Duffy Momsen, City Clerk

R E S O L U T I O N