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

August 23, 2016

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

August 22, 2016

9:00 AM

ROLL CALL

INVOCATION BY RABBI BEN ZEIDMAN

PLEDGE OF ALLEGIANCE

El Paso Vietnam Veterans and the 2016 Welcome Home El Paso Vietnam Veterans Committee

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 Meetings of August 9, 2016 and August 16, 2016, and the Legislative Review Meeting of the Whole of August 8, 2016.

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

(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.

A Resolution authorizing the City Manager to sign a Second Amendment to the Fixed Base Operators Lease and Operating Agreement by and between the City of El Paso ("Lessor") and Trajen Flight Support, L.P. d/b/a Atlantic Aviation ("Lessee") to increase the square footage of the Premises, change the description of the Premises, and to add the provisions of FAA Order 1400.11.

Districts 2 and 3

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

3.2.

A Resolution nominating Western Refining Company, L.P., as an Enterprise Project to the Office of the Governor of Economic Development and Tourism through the Economic Development Bank as an Enterprise Zone Project.

District 3

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

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

(Attachment)

3.3.

That the City Council approve an amendment to the City of El Paso Infill Development Incentive Policy, as recommended by the Managing Director of the Economic and International Development Department, to amend the Term of Financial Incentives to September 30, 2016.

All Districts

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 City Manager or designee be authorized to sign the Interlocal Agreement between the County of El Paso, Texas and the City of El Paso, Texas to submit a joint application to the Department of Justice under the 2016 Edward Byrne Memorial Justice Assistance Grant Program (JAG), in the amount of $235,245.00.  The funds received under the JAG program will be allocated 50% to the County of El Paso, Texas, $117,622.00 and 50% to the City of El Paso, Texas, $117,623.00; and that the City Manager or designee be authorized to sign any grant related paperwork, including all understanding and assurances contained therein, and accept, reject, alter, or terminate the resulting grant, authorize budget transfer and submit necessary revisions to the operational plan.  No cash match or in-kind is required.

All Districts

Police, Michelle Gardner, (915) 212-4301

(Attachment)

4.2.

That the Mayor be authorized to sign an Interlocal Governmental Agreement between the City of El Paso and the County of El Paso/District Attorney’s Office, 34th Judicial District of the State of Texas, for services to the City and its Police Department relating to arrests and prosecution of criminal cases in connection with the District Attorney’s Information Management System (DIMS) program from September 1, 2016 through August 31, 2017.  The County of El Paso will fund DIMS in the amount of $531,222.72 (69%) while the City will fund DIMS in an amount not to exceed $238,665.28 (31%).

All Districts

Police, Michelle Gardner, (915) 212-4301

(Attachment)

5.

Goal 3: Promote the Visual Image of El Paso

5.1.

That City Council approve to grant an exception to the distance requirements for a Disabled Group Dwelling located within 1,000 feet of another licensed Group Residential Facility requested from Javier Mexicano Carrasco for the property located at 10165 Singapore, El Paso, Texas 79925 and legally described as Lot 24, Block 144, Eastwood Heights, City of El Paso, El Paso County, Texas.

District 7

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

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

(Attachment)

5.2.

That City Council approve to grant an exception to the distance requirements for a Disabled Group Dwelling located within 1,000 feet of another licensed Disabled Group Dwelling requested from Alma Leticia Terrazas Montez for the property located at 1541 Bill Ogden, El Paso, Texas 79936 and legally described as Lot 3, Block 322, Vista Del Sol Unit 66, City of El Paso, El Paso County, Texas.

District 7

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

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

(Attachment)

6.

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

6.1.

That the Taxpayer, Gregory Lee Emfinger, has met the requirements of Section 33.011 of the Tax Code for the request of waiver of penalties and interest and the City waives the penalty and interest amount on the 2015 delinquent taxes for the property located at 141 La Nell Dr. pursuant to Section 30.011(1)(a) of the Tax Code in the amount of $969.69.

All Districts

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

(Attachment)

6.2.

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.         Lot 11, Block 5, Womble Addition, an Addition to the City of El Paso, El             Paso County, Texas, and known as 6150 Trowbridge.

2.         0.1681 acre, more or less, being Lots 1, 2 and a portion of Lot 3, Block             29, Amended Map of Morningside Heights Addition, an Addition to the             City of El Paso, El Paso County, Texas, as described in Volume 2028,             Page 1531, Official Public Records of Real Property of El Paso County,             Texas.

3.         Lot 15, Block 5, Thomas Manor, Section I, an addition to the City of El             Paso, El Paso County, Texas, according to the map or plat thereof,             recorded in Volume 12, Page 33, Map Records of El Paso County,             Texas.

4.         Part of Lots 1 and 2 and the Westerly 15 feet of Lot 3, Block 15, East El             Paso Addition, an addition to the City of El Paso, El Paso County,             Texas, as described in Volume 2099, Page 652, Official Public Records             of Real Property of El Paso County, Texas; and Improvements only on             the North 110.587 feet on Lots 1 and 2 and the West 15 feet of Lot 3,             Block 15, East El Paso, an Addition to the City of El Paso, El Paso             County, Texas, also known as 3000 Magoffin Ave.

5.         Lot 4, Block B, Hervey Place, Unit #2, an addition to the City of El Paso,             El Paso County, Texas, as described in Volume 275, Page 396, Deed             Records of El Paso County, Texas.

6.         Lot 7, Block 3, Miraflor Addition, an Addition to the City of El Paso, El             Paso County, Texas, as described in Volume 741, Page 131, Deed             Records of El Paso County, Texas.

All Districts

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

(Attachment)

6.3.

That the City finds that Felipa Maria Torres showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2012 taxes and the tax refund in the amount of $74.89 is approved.

All Districts

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

(Attachment)

6.4.

That the City finds that Hope Unlimited, LLC showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2012 taxes and the tax refund in the amount of $385.01 is approved.

All Districts

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

(Attachment)

6.5.

That the City finds that Leaf Financial Corp. showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 taxes and the tax refund in the amount of $329.88 is approved.

All Districts

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

(Attachment)

6.6.

That the City finds that Elvira V. Madrid showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2012 taxes and the tax refund in the amount of $11.13 is approved.

All Districts

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

(Attachment)

6.7.

That the City finds that Rodolfo and Mirna Rincon showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 taxes and the tax refund in the amount of $82.90 is approved.

All Districts

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

(Attachment)

6.8.

That the City finds that Red Peppers Express through Carmen Ortiz showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2012 taxes and the tax refund in the amount of $29.23 is approved.

All Districts

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

(Attachment)

6.9.

That the City finds that Vanderbilt Mortgage and Finance showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 taxes and the tax refund in the amount of $414.02 is approved.

All Districts

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

(Attachment)

6.10.

That the City finds that Sierra Title Company showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 taxes and the tax refund in the amount of $109.98 is approved.

All Districts

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

(Attachment)

6.11.

That the City finds that Ollie D. Waters showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 taxes and the tax refund in the amount of $69.99 is approved.

All Districts

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

(Attachment)

6.12.

That the City finds that Lone Star Title Co. showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2011 taxes and the tax refund in the amount of $5.00 is approved.

All Districts

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

(Attachment)

6.13.

That the City finds that Las Negrita's Stores, LLC showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2012 taxes and the tax refund in the amount of $56.09 is approved.

All Districts

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

(Attachment)

6.14.

A Resolution to adopt the amended Investment Policy.

All Districts

Office of the Comptroller, Pat Degman, (915) 212-1470

(Attachment)

6.15.

A Resolution to authorize signatories at TexPool for City investments.

All Districts

Office of the Comptroller, Pat Degman, (915) 212-1470

(Attachment)

6.16.

A Resolution to adopt the amended Debt Management Policy.

All Districts

Office of the Comptroller, Pat Degman, (915) 212-1470

(Attachment)

6.17.

A Resolution to accept the annual review of Thunder Canyon PID Assessment Plan.

All Districts

Office of the Comptroller, Pat Degman, (915) 212-1470

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

7.

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

7.1.

Georgina Panahi to the Greater El Paso Civic, Convention and Tourism Advisory Board by Representative Emma Acosta, District 3.

Representative Emma Acosta, (915) 212-0003

(Attachment)

7.2.

Martin Bartlett to the Greater El Paso Civic, Convention and Tourism Advisory Board by Representative Jim Tolbert, District 2.

.

Representative Jim Tolbert, (915) 212-1006

(Attachment)

8.

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

8.1.

Stefanie Uribarri to the Building and Standards Commission as the Regular appointment by Representative Cortney Niland, District 8 under the Community Affairs category.

Representative Cortney Niland, (915) 212-0008

(Attachment)

8.2.

John Eyberg to the Bicycle Advisory Committee by Representative Carl L. Robinson, District 4.

Representative Carl Robinson, (915) 212-1016

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

9.

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

9.1.

Jorge Hernandez to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

9.2.

Madhi Nair to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

9.3.

Casey Stevenson to the Tax Increment Reinvestment Zone 5 by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

10.

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

10.1.

Lane Gaddy to the Greater El Paso Civic, Convention and Tourism Advisory Board by Representative Cortney Niland, District 8.

Representative Cortney Niland, (915) 212-0008

(Attachment)

11.

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

11.1.

Sergio Adame to the Building and Standards Commission as the Alternate appointment by Representative Cortney Niland, District 8 under the Engineering category.

Representative Cortney Niland, (915) 212-0008

(Attachment)

11.2.

Ray Adauto to the Zoning Board of Adjustment as an alternate member by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

12.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

12.1.

Patrick Schaefer to the Regional Renewable Energy Advisory Council (RREAC) by Representative Cortney Niland, District 8.

Representative Cortney Niland, (915) 212-0008

(Attachment)

12.2.

Blanca Gadney-Moss to the Regional Renewable Energy Advisory Council (RREAC) by Representative Carl L. Robinson, District 4.

Representative Carl Robinson, (915) 212-1016

(Attachment)

12.3.

Jonathan Childress to the Regional Renewable Energy Advisory Council by Representative Michiel R. Noe, District 5.

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

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

13.

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

13.1.

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

All Districts

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

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

14.

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

14.1.

Submission of  Open Records Request W042708-080916  by the District 5 Office.  

Records Requested : “Any, and all expenses involving the ethics investigation, ethics investigation report, the attorney hired to assist the City with the investigation , any other outside legal expenses paid or owed for the ethics investigation and report conducted against Tomas Gonzalez and Larry Romero. Any expenses or any money paid to any ethics review commissioners, Stuart R. Schwartz, Rafael Adame, Daniel Anchondo, Mark Thomas Bray, Emmanuel Echeverria, Adolpho Telles, Jed Untereker and Robert Warach.”

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

(Attachment)

CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

15.

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

15.1.

Request rejection of sole bid received for Solicitation No. 2016-958 Police Motorcycles Parts, Service and Maintenance (Re-Bid II) as recommended by the Purchasing & Strategic Sourcing Department and Streets & Maintenance Department, the bidder did not hold to their pricing.

All Districts

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

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

(Attachment)

15.2.

Request that the Director of Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order to Viva Powersports, LLC. for Police Motorcycles Parts, Service, and Maintenance.

Department:                                        Streets & Maintenance

Award to:                                             Viva Powersports, LLC

                                                            El Paso, TX

Total Estimated Amount:                    $200,000.00

Account No.:                                       532 – 37020 – 531210 – 3600 – P3711

                                                            532 – 37020 – 531250 – 3600 – P3701

Funding Source:                                 Inventory Purchases Materials and                                                                Supplies Equipment Outside Repair                                                               Service

District(s):                                            All

Reference No.                                   2016-1261

This is a purchase pursuant to the Public Health and Safety Exemption, 252,022 (a) (2) of the Texas Local Government Code, services contract.

All Districts

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

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

(Attachment)

MAYOR’S PROCLAMATIONS

1.

Welcome Home El Paso Vietnam Veterans Month

2.

Chicano Heritage Month

3.

Hunger Action Month

4.

UTEP/Army One City. One Team. Day

RECOGNITIONS

Irving Schwartz family

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.

16.

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

16.1.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.56 (Parking Meters), Section 12.56.020F (Installation) of the El Paso City Code to authorize the International Bridges Director to recommend Parking Meter Day and Time Exceptions to City Council; to amend 12.56.020F.2 to extend the Free Saturday Downtown Parking Exception; the penalty as provided for in Section 12.80.240 of the El Paso City Code.

District 8

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

International Bridges, Paul Stresow, (915) 533-7428

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 6, 2016

16.2.

An Ordinance amending the Final Project Plan and Final Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number Five, City of El Paso, Texas; adopting said amendments as required by Section 311.011(E) Texas Tax Code; also providing a severability clause.

District 8

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 6, 2016

17.

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

17.1.

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) to permit the use of roller devices and to prohibit the use of said devices on surfaces not intended for pedestrian or vehicular traffic.  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 SEPTEMBER 6, 2016

18.

Goal 3: Promote the Visual Image of El Paso:

18.1.

An Ordinance granting a non-exclusive franchise to Affordable Roll-off, Inc. to operate and maintain a solid waste collection and hauler service within the City of El Paso subject to the franchise terms and conditions; the penalty as provided in Section 9.04.630 of the El Paso City Code.

All Districts

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 6, 2016

18.2.

An Ordinance granting a non-exclusive franchise to Southwest Disposal to operate and maintain a solid waste collection and hauler service within the City of El Paso subject to the franchise terms and conditions; the penalty as provided in Section 9.04.630 of the El Paso City Code.

All Districts

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 6, 2016

19.

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

19.1.

An Ordinance authorizing the City Manager to execute a Quitclaim (Tax Resale) Deed conveying to Soluciones Financieras Metro, LLC (SFM), 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:  Lots 25 and 26, Block "D", Grandview Addition, an Addition to the City of El Paso, El Paso County, Texas, as described in Volume 894, Page 350, Deed Records of El Paso County, Texas.

District 2

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 6, 2016

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

20.

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

20.1.

Discussion and action that the City Manager be authorized to sign a Professional Services agreement with International Facilities Group, LLC pursuant to Solicitation No. 2016-369R Owner’s Representative for Multipurpose Cultural and Performing Arts Center for a total estimated award of $4,764,360.00.  

Department:                        Capital Improvement

Award to:                             International Facilities Group, LLC

                                            Chicago, Illinois

Item(s):                                All

Phase I

Due Diligence                     

              Estimated:           $   735,360.00 based on hourly rates and estimated                                                    time per phase

              Estimated:             $     90,000.00 (Reimbursable Expenses)

Phases II – V

Implementation                   $ 3,585,000.00 (Fixed Fee)

               Estimated:            $   354,000.00 (Reimbursable Expenses)

Total Estimated Award:       $ 4,764,360.00 (Phases I – V)

Account No.:                       190 – 29030 - 580530 – 4800 – PCP13A&E01

Funding Source:             GOP 2012 Quality of Life – Construction Management

District(s):                           All

This is a Request for Qualifications, Professional Service Contract.

The Purchasing & Strategic Sourcing Department and Capital Improvement recommend award as indicated to International Facilities Group, LLC, the highest ranked qualifier based on evaluation factors established for this procurement.

Convention, Sports and Leisure International, LLC dba Legends Project Development was not considered in the list of respondents for evaluation under the solicitation based upon its responses to the City’s Non-Collusion and Business Disclosure Affidavit- Part 2.

Additionally, it is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers.

All Districts

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

Capital Improvement, Monica Lombraña, (915) 212-7301

(Attachment)

21.

Goal 3: Promote the Visual Image of El Paso

21.1.

Discussion and action on the award of Solicitation No. 2016-999 General Cleaning – Parks and Recreation Facilities (Re-Bid II) to Gabriela Rodriguez dba Maheir Janitorial Services for an initial (3) year term estimated award of $1,945,650.60. The award is to include a two (2) year optional amount of $1,297,100.40 for a total five (5) year award of $ 3,242,751.00. The period of performance is from September 1, 2016 through August 31, 2019.

Department:                                        Parks and Recreation

Award to:                                             Maheir Janitorial Services

                                                            El Paso, TX

Item(s):                                     All

Initial Term:                              3 years

Option to Extend:                     2 years

Annual Estimated Award:        $ 648,550.20

Initial Term Estimated Award:  $ 1,945,650.60 (3 years)

Total Estimated Award:            $ 3,242,751.00 (5 Years)

Account No.:                            451-51230-522060-1000-P5106

                                                 451-51260-522060-1000-P5110

                                                 451-51260-522060-1000-P5111

                                                 451-51270-522060-1000-P5114

                                                451-51280-522060-1000-P5116

Funding Source:                       General Fund

District(s):                                 All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing Department and Parks and Recreation Department recommend award to Maheir Janitorial Services, the bidder offering the best value bid.

The Purchasing & Strategic Sourcing and Parks and Recreation Department recommend that Ace Government Services, LLC be deemed non-responsible due to inability to provide Payment and Performance Bonds.

All Districts

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

Parks & Recreation, Tracy A, Novak, (915) 212-1708

(Attachment)

22.

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

22.1.

Discussion and action to award Solicitation 2016-1052 for El Paso Zoo African Wetlands Red River Hog to PRIDE GENERAL CONTRACTORS, LLC for an estimated total amount of $557,783.79.

Department:                            El Paso Zoo

Award to:                                 PRIDE GENERAL CONTRACTORS, LLC

                                                El Paso, TX

Total Estimated Award:           $557,783.79

Account No.:                            580270-190-29020-4800-PCP13ZOOA01

Funding Source:                      2012 Quality of Life Bonds

District(s):                                 8

This is a Competitive Sealed Proposal, lump sum contract.

The Purchasing & Strategic Sourcing Department and El Paso Zoo recommend award as indicated to PRIDE GENERAL CONTRACTORS, LLC, 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.

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.

District 8

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

El Paso Zoo, Steve Marshall, (915) 212-2800

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

23.

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

23.1.

An Ordinance amending Ordinance numbers 018064, 018223 and 018402 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 revise the fee for the Foreign Trade Zone Operations training seminar as listed in the Tariff Schedule; and to revise the Tariff Schedule.

All Districts

Aviation, Monica Lombrana, 915-212-7301

(Attachment)

23.2.

An Ordinance granting a Special Privilege License to Hestra, LLC for the construction, installation, maintenance, use, and repair of sixteen (16) angled parking spaces within portions of City right-of-way along Mills Avenue and Willow Street adjacent to the property located at 2020 East Mills Avenue, El Paso, Texas for a term of five years with one (1) renewable five year term. (NESV2016-00016, District 8)

District 8

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

Planning and Inspections, Valerie Herrera, (915) 212-1517

(Attachment)

24.

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

24.1.

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

25.

Goal 3: Promote the Visual Image of El Paso

25.1.

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)

25.2.

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, 07-12-2016 AND 07-26-2016]

District 8

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

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

(Attachment)

25.3.

An Ordinance granting until August 22, 2019, a non-exclusive franchise to "Sun City Advertisements" to place and maintain up to 150 waste containers on sidewalks and other City property within the City of El Paso, subject to the terms and conditions described in the ordinance.

All Districts

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

(Attachment)

25.4.

An Ordinance granting until August 22, 2019, a non-exclusive franchise to "Denise's Easy Enterprises LLC" to place and maintain up to 150 waste containers on sidewalks and other City property within the City of El Paso, subject to the terms and conditions described in the ordinance.

All Districts

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

(Attachment)

25.5.

An Ordinance granting until August 22, 2019, a non-exclusive franchise to "VALU Advertising" to place and maintain up to 150 waste containers on sidewalks and other City property within the City of El Paso, subject to the terms and conditions described in the ordinance.

All Districts

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

(Attachment)

PUBLIC HEARINGS AND OTHER BUSINESS RELATED TO FY2017 BUDGET AND THE FY2017 TAX LEVY

26.

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

26.1.

Discussion and action to override the Mayor's Veto of the Resolution adopting the FY2017 budget.

Representative Cortney Niland, (915) 212-0008

(Attachment)

26.2.

Discussion and action on a Resolution that the Proposed Budget, as amended, for the City of El Paso, filed by the City Manager with the City Clerk on July 18, 2016, is hereby approved and adopted by the City Council as the Annual Budget for the Fiscal Year 2017, which begins on September 1, 2016 and ends on August 31, 2017.

All Districts

Office of Management and Budget, Robert Cortinas, (915) 212-1092

(Attachment)

26.3.

Discussion and action to ratify the Property Tax Increase reflected in the Annual Budget for Fiscal Year 2017 for the City of El Paso.

All Districts

Office of Management and Budget, Robert Cortinas, (915) 212-1092

(Attachment)

26.4.

Public hearing and the adoption of an Ordinance levying FY 2017 taxes.

All Districts

Office of Management and Budget, Robert Cortinas, (915) 212-1092

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

27.

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

27.1.

Discussion and action that the City Manager be authorized to sign the First Amendment to the Economic Development Program Grant Agreement between the City of El Paso (the "City") and EWM P1,LLC (the "Applicant") allowing the applicant and City to accept a Defense Economic Adjustment Assistance Grant from the Office of the Governor, Texas Military Preparedness Commission, furthering the Capacity Expansion of the Kay Bailey Hutchinson Desalination Plant, subject to the terms and conditions in the First Amendment to the Economic Development Program Grant Agreement.

District 2

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

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

(Attachment)

27.2.

Discussion and action that the City Manager be authorized to sign the Third Amendment to the Economic Development Program Grant Agreement between the City of El Paso and The Hub of Human Innovation Inc. allowing the parties to revise various portions of the Agreement to expand the breadth and impact of Applicant’s endeavors; while providing a marketing plan and metrics to better assist the City in crafting its growth policies.

District 8

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

(Attachment)

27.3.

Presentation, discussion, and instruction on recommendations of the Mayor’s Blue Ribbon Working Group on Affordable Housing establishing evaluation criteria to be used in determining City support of Low Income Housing Tax Credit proposals. [POSTPONED FROM 08-09-2016]

All Districts

Community and Human Development, Verónica Soto, (915) 212-0138

(Attachment)

28.

Goal 3: Promote the Visual Image of El Paso

28.1.

Discussion and action on a request from CVS Pharmacy, Inc. for City Council to grant an exception from the prohibition of the sale of alcoholic beverages within three hundred feet of a school for the property located at 12051 Tierra Este Road and legally described as a portion of Lot 1, Block 102, Tierra Este Unit Twenty One, City of El Paso, El Paso County, Texas.

District 5

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

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

(Attachment)

29.

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

29.1.

Discussion and action on a Resolution authorizing the City Manager to sign an amendment to an Interlocal Agreement for improvements to Ramona Park, a joint use park and school, with Ysleta Independent School District.

District 3

Parks and Recreation, Tracy Novak, (915) 212-1708

(Attachment)

29.2.

Discussion and action on a Resolution authorizing the Parks and Recreation Department to apply for a Parks Promote Quality of Life Grant through the Texas Recreation and Park Society and GameTime/Playwell in the amount of $64,053 for the purpose of providing additional funding to supplement the All Abilities Playground at Ponder Park and authorizing the City Manager to sign grant agreements, and to expend identified funds on this project.

District 3

Parks and Recreation, Joel McKnight, (915) 212-1719

(Attachment)

30.

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

30.1.

Discussion and action to approve the El Paso County 911 District FY 2017 Budget to be presented by Mary Kozak, Director.

All Districts

Office of Management and Budget, Robert Cortinas, (915) 212-1092

(Attachment)

30.2.

Presentation and discussion on the 3rd Quarter Financial Report for FY2016.

All Districts

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

Office of Management and Budget, Robert Cortinas, (915) 212-1092

(Attachment)

31.

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

31.1.

Discussion and action on recommended changes to current city policies regarding memorials in public places. [POSTPONED FROM 06-28-2016]

District 7

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

(Attachment)

32.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

32.1.

Discussion and action on a Resolution that City Council adopt policies and procedures for the 43rd Year (FY 2017-2018) Community Development Block Grant (CDBG) Program, the FY 2017-2018 Emergency Solutions Grant (ESG) Program and the FY 2017-2018 Housing Opportunities for Persons with AIDS (HOPWA) Program; that City Council establish September 8, 2016 as the deadline for the submission of Letters of Intent from CDBG Public Service, ESG and HOPWA agencies;  that City Council establish October 20, 2016 as the deadline for submission of all citizen and City Representative requests; that City Council establish October 24, 2016 as the deadline for submission of all CDBG Public Service, ESG and HOPWA application packets; and that City Council establish December 8, 2016 as the deadline for the submission of all FY 2017-2018 City Department, Fair Housing, Microenterprise Technical Assistance and Volunteer Housing Rehabilitation application packets.

All Districts

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

Community and Human Development, Anthony Shaar, (915) 212-0138

(Attachment)

33.

MAYOR AND COUNCIL

33.1.

Discussion and action to permit the use of electronic devices during City Council Meetings and LRC’s.

Representative Cortney Niland, (915) 212-0008

(Attachment)

33.2.

Discussion and action regarding the June 9, 2016 City of El Paso Police Department Staffing Report and information about current deployment of police officers including units along the border highway, the tactical force, etc.

All Districts

Representative Jim Tolbert, (915) 212-1006

(Attachment)

33.3.

Report by City Manager on the Task Force convened to review, assess and overhaul City Boards and Commissions to include members of this task force, and its’ duties and objectives.

All Districts

Representative Jim Tolbert, (915) 212-1006

(Attachment)

33.4.

Discussion and action regarding a resolution authorizing the expenditure of District 8 discretionary funds in an amount not to exceed $2,500.00 to help defray the costs of organizing and holding the Segundo Barrio Community Block Party by the Southside Neighborhood Association. This serves the municipal purpose of fostering community pride, encouraging civic engagement and celebrating the heritage and culture of one of the oldest neighborhoods in El Paso’s history.

Representative Cortney Niland, (915) 212-0008

(Attachment)

33.5.

Discussion and action regarding a Resolution that the City of El Paso appoints Marty Reyes to the board of the Camino Real Regional Mobility Authority, which shall take effect on August 23, 2016.

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.

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

EX1.

Economic Incentives for the Construction of a Hotel to be located in the City of El Paso. (551.087)

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

EX2.

Real Estate Acquisitions for the 2012 Quality of Life Multipurpose Cultural and Performing Arts Center. (551.071 and 551.072)

City Attorney's Office, Terri Cullen, (915) 212-0033

EX3.

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

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

EX4.

Martha Solorza; D/L: 6/24/16; Matter No. 16-1036-584, (551.071)

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

EX5.

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

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/