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

August 25, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

August 24, 2015

9:00 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA CHAPLAIN SAM FARAONE

PLEDGE OF ALLEGIANCE

DaVinci School for Science & the Arts’ Student Council

MAYOR’S PROCLAMATIONS

1.

El Paso Baseball Hall of Fame Week

2.

Fiesta de Las Flores Week in El Paso

3.

Ovarian Cancer Awareness in memory of Diana Solis-Zavala

8:00 A.M. – 8:30 A.M. CALL TO THE PUBLIC – PUBLIC COMMENT

This time is reserved for members of the public who would like to address the City Council on items that are not on the City Council Agenda.

A sign-up form is available on line at http:/www2.elpasotexas.gov/municipal-clerk/signup_form.asp for those who wish to sign up in advance of the meeting date and a sign-up form is available outside the City Council Chambers at the City Clerk table for those who wish to sign up on the day of the meeting.

NOTICE TO THE PUBLIC

All matters listed under the CONSENT AGENDA, including those on the Addition to the Agenda, will be considered by City Council to be routine and will be enacted by one motion unless separate discussion is requested by Council Members. Prior to the vote, members of the audience may ask questions regarding items on the consent agenda. When the vote has been taken, if an item has not been called out for separate discussion, the item has been approved. Council may, however, reconsider any item at any time during the meeting. The wording of all agenda items shall appear in the minutes of this meeting of the City Council as posted, unless otherwise revised by this or other motion of Council, without the necessity of the City Clerk reading the wording of each item into the record.

CONSENT AGENDA - APPROVAL OF MINUTES:

1.

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

1.1.

Approval of Minutes for the Regular City Council Meeting of August 18, 2015, the Legislative Review Meeting of the Whole of August 17, 2015, and the Special City Council Meeting of August 17, 2015.

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

(Attachment)

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

REQUEST TO EXCUSE CITY COUNCIL MEMBERS:

CONSENT AGENDA - RESOLUTIONS:

3.

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

3.1.

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, 2015 through August 31, 2016.  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 Department, Michelle Gardner, (915) 564-7301

(Attachment)

3.2.

That the City Manager be authorized to sign a Consent to Assignment of all the rights, duties, and obligations of the January 28, 2014 Agreement between the City of El Paso and Sexual Trauma and Assault Response Services (STARS), a non-profit corporation, to provide outreach emergency counseling and follow-up public health services for reported victims of sexual assault, a public health and safety function, to the Center Against Sexual and Family Violence (CASFV).  This assignment shall be effective September 1, 2015.

All Districts

Police, Michelle Gardner, (915) 564-7301

(Attachment)

3.3.

That the City Manager be authorized to sign an Interlocal Agreement between the County of El Paso (“the County”) and the City of El Paso (“the City”) to submit a joint application to the Department of Justice – 2015 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $222,683.00; and that the City Manager or designee be authorized to sign any grant-related paperwork, including all understandings and assurances contained therein, and accept, reject, alter, or terminate the resulting grant, authorize budget transfers, and submit necessary revisions to the operational plan.  The funds received will be allocated to the County in the amount of $111,341.00 and to the City in the amount of $111,342.00.  The County is the lead participating agency for the application and administration of the grant.  No cash or in-kind match is required.

All Districts

Police, Michelle Gardner, (915) 564-7301

(Attachment)

4.

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

4.1.

A Resolution that the sale and service of alcoholic beverages by Chuda Properties, LTD d/b/a Dewey’s Corner Pub at the outdoor patio café located at 812 North Piedras Street, El Paso, Texas, is a permissible activity. (NESV2015-00010)

District 2

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

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

(Attachment)

5.

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

5.1.

A Resolution to suspend the rate increase proposed by El Paso Electric Company on August 10, 2015 for 90 days beyond the proposed effective date.

All Districts

City Attorney's Office, Brie Franco, (915) 212-0033

(Attachment)

6.

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

6.1.

That the City Manager be authorized to sign a Multiple Use Agreement by and between the CITY OF EL PASO on behalf of the EL PASO WATER UTILITIES PUBLIC SERVICE BOARD and the STATE OF TEXAS on behalf of the TEXAS DEPARTMENT OF TRANSPORTATION, to permit the construction, maintenance and operation of a storm water conveyance drainage facility under US Interstate Highway Ten (IH-10), including Gateway East and West, at Piedras Street.

District 8

El Paso Water Utilities, Cynthia Osborn, (915) 594-5636

(Attachment)

7.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

7.1.

A Resolution that the following agency be approved as a recipient of grant funding under the Community Solutions for Substance Abuse confiscated funds grant program:

• El Paso Independent School District  (Protecting Our Future)  $50,000

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

All Districts

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

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

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

8.

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

8.1.

Accept the donation of $500.00 from Cemex and $500 from Western Refining for Music in the Park, District 2.

Representative Larry Romero, (915) 212-0002

8.2.

Accept the donation of $500.00 from Cemex for Movies in the Park, District 5.

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

8.3.

Accept the donation of $500.00 from Cemex for District 3 - 5th Annual Movies Under the Stars.

Representative Emma Acosta, (915) 212-0003

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.

9.

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

9.1.

An Ordinance amending Title 18 (Building and Construction), Chapter 18.50 (Property Maintenance Code) of the City Code in its entirety relating to all provisions, to require additional safeguards and maintenance criteria for vacant buildings; the penalty being as provided in section 18.02.111 (Violations and Penalties) of the El Paso City Code.

All Districts

Fire, Samuel Pena, (915) 485-5605

Fire, Orlando Arriola, (915) 485-5645

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 1, 2015

9.2.

An Ordinance amending Title 18 (Building and Construction), Chapter 18.40 (Vacant Buildings) of the City Code in its entirety relating to all provisions, to require securing of vacant premises by owners, establishing administrative procedures, providing for appeal; the penalty being as provided in Section 18.02.111 (Violations and Penalties) of the El Paso City Code.

All Districts

Fire Samuel Pena, (915) 485-5605

Fire, Orlando Arriola, (915) 485-5645

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 1, 2015

10.

Goal 3: Promote the Visual Image of El Paso:

10.1.

An Ordinance changing the zoning of Tract 1-F-1-P, Block 5, Ascarate Grant, 753 N. Carolina Drive, City of El Paso, El Paso County, Texas, from R-3 (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 rear setback reduction 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. Subject property: 753 N. Carolina Drive. Property Owner: Ambrocio P. Baldonado. PZRZ15-00012

District 7

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 15, 2015

10.2.

An Ordinance changing the zoning of the property described as Parcel 1: Lot 1, Block 11, Eastwood, City of El Paso, El Paso County, Texas; and, Parcel 2: Lot 2, Block 11, Eastwood, City of El Paso, El Paso County, Texas, 1141 Caper Road and 7827 Bois D’ Arc Drive, from R-3 (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 front setback reduction 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. Subject property: 1141 Caper Road and 7827 Bois D’ Arc Drive. Property Owner: Armando Beltran, MD. PZRZ15-00018

District 7

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 15, 2015

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

11.

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

11.1.1.

Discussion and action on the award of Solicitation No. 2015-687R Customer Service Call Center – Staffing & Management Service Operations to DATAMARK, Inc. for an initial three (3) year term in the estimated amount of $4,499,999.97. The award is to include up to three (3) additional terms of one (1) year each for a total six (6) year award of $8,999,999.94.

Department:                              FIRE

Award to:                                  DATAMARK, Inc.

Initial Term:                               3 years

Option:                                     Three (3) additional terms of one (1) year each

Annual Estimated Amount:         $1,499,999.99

Initial Term Estimated Award:     $4,499,999.97 (3 Years)

Total Estimated Award:              $8,999,999.94 (6 Years)

Account No.:                             Fire Department:

                                                322-22080-1000- P2218- 520010

                                                Environmental Services Department:

                                                            334-34100-3100-P3410-522150; 334-34030-3100-

                                                P3432-522150;

                                                334-34030 -3100-P3434-522150; 334-34030-3100-

                                                P3438-522150; 

                                                334-34030-3100-P3440-522150; 334-34080-3100-

                                                P3480-522150;

                                                334-34080-3100-P3486-522150; 334-34080-3100-

                                                P3484-522150;

                                                334-34050-3120-P3450-522150

Funding Source:                                    Temporary Services Contracts (FD) and Outside

                                                Contracts – NOC (ESD)

District(s):                                 All

This is a Request for Proposal, Service Contract.

Purchasing and Strategic Sourcing Department and Fire Department recommend award as indicated to DATAMARK, Inc., the highest ranked proposer based on evaluation factors established for this procurement. 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

El Paso Fire Department, Chief Samuel Pena, (915) 485-5610

(Attachment)

11.1.2.

Discussion and action that the City Manager be authorized to sign an Amendment to Contract No. 2011-054R (Customer Service Call Center Staffing and Management Service Operations) with Faneuil, Inc. to extend the term for an additional 30 days, ending on September 30, 2015, for an amount not to exceed $120,000.00.    

Department:                            Fire

Districts(s):                              ALL

All Districts

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

El Paso Fire Department, Chief Samuel Pena, (915) 485-5610

(Attachment)

12.

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

12.1.

Discussion and action that the City Manager be authorized to sign a First Amendment to License to Enter Use Facilities and Professional Service Agreement Contract No. 2010-100R with H2U Wellness Centers to revise the number and locations of the on-site wellness clinics to include the City Hall Clinic, establish the City’s obligation to make improvements to one clinic site, provide City employees with access to off-site clinics operated and managed by H2U, and amend the amount of compensation for City Hall Clinic to an amount not to exceed $136,937.00 for the period beginning on the Recommencement date and ending December 31, 2015, a not to exceed amount of $412,701.00 for the operating costs for the calendar year beginning on January 1, 2016, $429,209.00 for operating costs for the calendar year beginning on January 1, 2017; and that H2U shall be compensated at a rate of $75.00 per visit of eligible employees at the off-site Clinics. Contract Performance period September 1, 2015 to January 14, 2018.

Department:                            Human Resources

District(s):                                All

All Districts

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

Human Resources, Linda Ball Thomas, (915) 212-1240

(Attachment)

13.

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

13.1.

Discussion and action on a request that the Director of the Purchasing & Strategic Sourcing Department be authorized to exercise the City’s option to extend current Contract 2012-281 Traffic Cabinets with McCain Inc. for two (2) additional years pursuant to the provisions of an award approved by the City Council on September 25, 2012.  The extended contract period will be from September 25, 2015 to September 24, 2017.

Department:                                 Streets & Maintenance Department

Award to:                                      McCain Inc.

                                                     League City, TX

Option:                                          One [of One]

Annual Estimated Amount:          $279,000.00

Total Estimated Amount:             $558,000.00 (2 years)

Account No.:                                532–532030–32020–1000-P3252

Funding Source:                           General Fund-Public Accesses-Maint & Rep

District(s):                                     All

This is a low bid contract

Al Districts

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

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

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

14.

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

14.1.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.180 (No Stopping or Standing – Tow Away Zone), of the El Paso City Code, to delete paragraphs 72, 102, and 103, thereby allowing parking on north side of Main Drive between Campbell Street and Kansas Street; Main Drive from Oregon Street to a point 100 feet West, North Side; and, Main Drive from a point 100 Feet West of Oregon Street to El Paso Street, both sides, the penalty being as provided in Section 12.84.010 and 12.85 of the El Paso City Code.

District 8

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

(Attachment)

14.2.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 20.060 (Signal Legend - Go, Caution and Stop), Subsection 12.20.060(C)(1)(A) (Red Alone or "Stop") of the El Paso City Code, to Add Santa Fe Street – Wyoming Avenue, the penalty being as provided in Section 12.84.010 and 12.85 of the El Paso City Code.

District 8

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

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

15.

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

15.1.

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

a.  EPIA Passenger Boarding Bridges, All Districts, Shane Brooks, 212-1849

b.  Yucca Park Improvements, District 7, Ismael Cepeda, 212-1800

Capital Improvement Department, Monica Lombrana, (915) 212-1808

(Attachment)

(Attachment)

16.

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

16.1.

Discussion and action to approve the El Paso County 911 District FY 2016 Budget to be presented by Mary Kozak, Director.

All Districts

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

(Attachment)

17.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

17.1.

Discussion and action on a Resolution that City Council adopt policies and procedures for the 42nd Year (FY 2016-2017) Community Development Block Grant (CDBG) Program, the FY 2016-2017 Emergency Solutions Grant (ESG) Program, the FY 2016-2017 Housing Opportunities for Persons with AIDS (HOPWA) Program, and for the utilization of CDBG Unprogrammed Funds; that City Council establish September 10, 2015 as the deadline for the submission of Letters of Intent from CDBG Public Service, ESG and HOPWA agencies;  that City Council establish October 22, 2015 as the deadline for submission of all citizen and City Representative requests; that City Council establish October 26, 2015 as the deadline for submission of all CDBG Public Service, ESG and HOPWA application packets; and that City Council establish December 10, 2015 as the deadline for the submission of all FY 2016-2017 City Department, Fair Housing, Microenterprise Technical Assistance, Non-Profit/Governmental Entity Public Facility 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) 212-1658

(Attachment)

17.2.

Discussion and action on resolution to authorize the Mayor to submit the paperwork necessary for the City of El Paso to join the Cities of Service Coalition, including the attached Declaration of Service.

All Districts

City Manager's Office, Nicole Ferrini, (915) 474-2202

(Attachment)

18.

MAYOR AND COUNCIL

18.1.

Discussion and action to review the ordinances that affect taxi cabs and taxicab drivers and develop an ordinance that would be fair and equitable to taxi cab vehicles, taxicab drivers, and transportation network companies (TNCs) would like to or currently operate in El Paso such as UBER, Lyft, and others. The ordinance should include review of vehicle inspections currently restricted to taxicabs, as is in the current ordinance, taxicab & Uber/Lyft (TNCs) driver requirements, and taxi/Uber/Lyft (TNC’s) fares allowed to be charged.

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.

San Jacinto Plaza Redesign, Solicitation No. 2014-043; Matter No. 12-1004-214 (551.071)

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

EX2.

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

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

EX3.

PUC Docket 44637-Application of El Paso Electric Company to amend its Certificate of Convenience and Necessity for a 20 Megawatt Solar Photovoltaic Generation Project at Fort Bliss in El Paso County. (551.071)

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

EX4.

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

EX5.

Henry Lewis vs. City of El Paso, 168th District Court, Cause No. 2013DCV3113; Matter No. 13-1093-053 (551.071)

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

ADJOURN

NOTICE TO THE PUBLIC:

Sign Language interpreters are provided for regular City Council meetings. Copies of this Agenda will be provided in Braille, large print, or audiotape upon requests made a minimum of 48 hours prior to the meeting.

Hearing Assistance Devices are available upon request.

ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET EVERY THURSDAY AT THE ADDRESS BELOW:

http://www.elpasotexas.gov/