City Council

Dee Margo

Peter Svarzbein, District 1

Mayor

Alexsandra Annello, District 2

Cassandra Hernandez, District 3

Sam Morgan, District 4

Tommy Gonzalez

Isabel Salcido, District 5

City Manager

Claudia Ordaz Perez, District 6

Henry Rivera, District 7

Cissy  Lizarraga, District 8

September 3, 2019

COUNCIL CHAMBERS, CITY HALL

9:00 AM

ROLL CALL

INVOCATION BY PASTOR LUIS DIAZ AND CO-PASTOR ADRIANA MARTINEZ

EL PASO PALABRA VIVA

PLEDGE OF ALLEGIANCE

Boys & Girls Club of El Paso at the invitation of Mayor Dee Margo

Joaquin Elizondo

Alyssa Cruz

Mia Acosta

Ian Trevizo

MAYOR’S PROCLAMATIONS

1.

Silver Anniversary of Celebration of Our Mountains

2.

Zaragoza Rotary Club of El Paso Day

3.

City Employee Combined Charities Campaign Kick Off Day

4.

El Paso Emergence Health Network Day

RECOGNITIONS BY MAYOR

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 of the Regular City Council Meeting of August 13, 2019, the Agenda Review Meeting of August 19, 2019, the Regular City Council Meeting of August 20, 2019, the Special Meeting of August 8, 2019, and the Special Meeting of August 26, 2019.

All Districts

City Clerk's Office, Laura D. Prine, (915) 212-0049

(Attachment)

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

CONSENT AGENDA - RESOLUTIONS:

3.

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

3.1.

That the City Manager is authorized to sign the Non-Federal Limited Design and Implementation Reimbursable Agreement (AJW-FN-CSA-19-SW-003383) between the Department of Transportation Federal Aviation Administration (“FAA”) and the City of El Paso for FAA to provide any necessary technical consultation, site visits, feasibility assessments, project planning, scope definition, development of cost estimates(s), review of City provided design packages, development of FAA design packages, construction oversight, modification, removal and restoration to address impacted FAA system as part of the reconfiguration of taxiways U and V and Construction of a new hangar at the El Paso International Airport for a maximum amount of $97,938.33.

All Districts

Aviation, Monica Lombrana, (915) 212-7301

(Attachment)

4.

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

4.1.

Authorize the City Manager or designee to submit the FY2020 State Homeland Security Program grant application for the project entitled, “El Paso-Urban Area Planner” through the Texas Office of the Governor and all related paperwork, including but not limited to, authorization of budget transfers, and/or revisions to the operation plan, and to reject, amend, correct, extend and/or terminate the grant, in the amount of $50,080.00, for the period from September 1, 2019 through August 31, 2020, for City of El Paso Fire Department staff to hire a Public Safety Planner to assist in coordination of disaster response or crisis management activities, provide disaster preparedness training, prepare emergency plans and procedures for natural, wartime or technological disasters or hostage situations.

All Districts

Fire, Chief Mario M. D'Agostino, (915) 212-5610

(Attachment)

4.2.

Authorize the City Manager or designee to submit the FY2020 State Homeland Security Program grant application for the project entitled, “Sustaining Special Response Teams” through the Texas Office of the Governor and all related paperwork, including but not limited to, authorization of budget transfers, and/or revisions to the operation plan, and to reject, amend, correct, extend and/or terminate the grant, in the amount of $54,326.44, for the period from September 1, 2019 through August 31, 2020, for equipment, travel and training for the City of El Paso Fire Department staff to maintain training standards required of specialized team members.

All Districts

Fire, Chief Mario M. D'Agostino, (915) 212-5610

(Attachment)

5.

Goal 3: Promote the Visual Image of El Paso

5.1.

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

All Districts

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

(Attachment)

6.

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

6.1.

That the City Manager be authorized to sign a Second Amendment to Agreement for Professional Services by and between the City of El Paso and ABACUS PROJECT MANAGEMENT, INC., an Arizona Corporation, for a project known as “Project Management Services for the Chamizal/Express Library Community Center, Alameda/Express Library Community Center and Lomaland Community projects” for additional design services for an additional amount not to exceed Three Hundred Twenty Seven Thousand Six Hundred Five and 00/100 Dollars ($327,605.00), for a total amended contract amount not to exceed One Million Five Hundred Sixty Four Thousand Six Hundred Forty Three and 00/100 Dollars ($1,564,643.00); and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for the execution of this agreement.

Districts 3, 7, and 8

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

(Attachment)

7.

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

7.1.

That the City Manager be authorized to sign an Overhead Electrical Easement, granting an easement to the El Paso Electric Company to provide electrical power to the El Paso Water utility wells located on Airport property, said easement more particularly described as a portion of Lot 2, Block 2, Butterfield Trail Aviation Park Unit Two, Replat B, City of El Paso, El Paso County, Texas.

District 2

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

(Attachment)

7.2.

That the City Manager be authorized to sign an Underground Electrical and Transformer Pad Easement, granting an easement to the El Paso Electric Company to provide electrical power to the El Paso Water utility wells located on Airport property, said easement more particularly described as a portion of Lot 2, Block 2, Butterfield Trail Aviation Park Unit Two, Replat B, City of El Paso, El Paso County, Texas.

District 2

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

(Attachment)

7.3.

That the City Manager be authorized to sign an Underground Electrical and Transformer Pad Easement, granting an easement to the El Paso Electric Company to provide electrical services to the Wyndham Hotel located on Airport property, said easement more particularly described as a portion of Lot 4, Block 1-C, El Paso International Airport Tracts, Re-plat of Unit 6, City of El Paso, Volume 28, Page 49, Plat Records, El Paso County, Texas.

District 2

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

(Attachment)

7.4.

That the City Manager be authorized to sign a two year On-Call Agreement for Professional Services to perform landscape architect services on a task by task basis by and between the City of El Paso and each of the following two (2) consultants:

1. Dekker/Perich/Sabatini, LLC.  

2. Surroundings Studio, LLC.

Each On Call Agreement will be for an amount not to exceed Four Hundred Thousand and No/00 Dollars ($400,000.00), and each agreement will include authorization for the City Engineer to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and authorization for the City Engineer to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if the identified services are necessary for proper execution of identified project and if the increased amounts are within the appropriate budget identified for a project. In addition, the City Manager is authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of each On-Call Agreement.

All Districts

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

8.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

8.1.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the Town of Horizon City, Texas, for the period of September 1, 2019 through August 31, 2020, for the provision of public health and environmental services by the City of El Paso to the Town of Horizon City, for which the Town of Horizon City shall pay to the City of El Paso an annual amount of ONE HUNDRED SEVENTY SIX THOUSAND NINE HUNDRED THIRTY THREE DOLLARS AND NO/100 ($176,933.00)

All Districts

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

(Attachment)

8.2.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso ("City") and El Paso County Hospital District d/b/a University Medical Center of El Paso ("UMC") to share laboratory testing services for a one (1) year initial term and thereafter automatically renew for a maximum of four (4) successive one (1) year periods.

All Districts

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

(Attachment)

8.3.

That the Mayor be authorized to sign an Interlocal Agreement, by and between the City of El Paso ("City") and the County of El Paso, Texas ("County") whereby the City shall provide Strategic National Stockpile ("SNS") pharmaceuticals to the County in the event of a public health emergency and the County shall utilize said pharmaceuticals in accordance with the County's mass prophylaxis dispensing plan to the County's employees and family members, with the discretion to open the disbursement to the public if resources are available.

All Districts

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

(Attachment)

CONSENT AGENDA - SPECIAL APPOINTMENT:

9.

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

9.1.

That the City Council approves the recommendation of the Board of Directors of the El Paso Downtown Management District that the following persons be named directors of the District for the terms indicated:

Nominee           Term#             Expiration Date        

Wayne Soza         3                  August 2022

Brad Taylor           2                  August 2022

Peter Spier            2                  August 2022

Edie Zuvanich       2                  August 2022

Laura Pople          3                  August 2022

Eugenio Mesta      1                  August 2022

Arlene Carroll        4                  August 2022

District 8

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

Economic and International Development, Mirella Craigo, (915) 212-1617

(Attachment)

(Attachment)

10.

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

10.1.

Ratify the re-appointment of  William Veliz to Fire and Police Pension Fund Board of Trustees by City  Manager Tommy Gonzalez.

City Manager's Office, Tommy Gonzalez, (915) 212-0023

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

11.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

11.1.

Josue Rodriguez to the City Accessibility Advisory Committee by Representative Henry Rivera, District 7.

Representative Henry Rivera, (915) 212-0007

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

12.

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

12.1.

Yajaira Lopez to the Buildings and Standard Commission, as an alternate member, by  Representative Isabel Salcido, District 5.

Representative Isabel Salcido, (915) 212-0005

(Attachment)

13.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

13.1.

Andrea Hutchins to the Veterans Affairs Advisory Committee by Representative Peter Svarzbein, District 1.

Representative Peter Svarzbein, (915) 212-1002

(Attachment)

13.2.

Beatriz Castorena-Mata to the City Accessibility Advisory Committee by Representative Isabel Salcido, District 5.

Representative Isabel Salcido, (915) 212-0005

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

14.

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

14.1.

Accept the donation of $500 from Marathon Petroleum and $500 from El Paso Electric for District 2 Community Picnic, events and activities for youth and adults.

District 2

Representative Alexsandra Annello, (915) 212-0002

CALL TO THE PUBLIC – PUBLIC COMMENT

Call to the Public will begin at 12:00 p.m.  Requests to speak must be received by 9:00 a.m. on the date of the meeting.  Sixty minutes in total will be devoted for Call to the Public. 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 9:00 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 Friday, 8:00 a.m. to 5:00 p.m.

15.

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

15.1.

An Ordinance amending Title 5 (Business License and Permit Regulations), Chapter 5.03 (Amplified Sound Permit), Article I (General Provisions), Section 5.03.020 (Definitions); Title 5 (Business License and Permit Regulations), Chapter 5.03 (Amplified Sound Permit), Article II (Permit Application Process), Section 5.03.030 (Permit Application), Subsection A (Permit Application), Paragraph 5; Title 5 (Business License and Permit Regulations), Chapter 5.03 (Amplified Sound Permit), Article II (Permit Application Process) to add Section 5.03.35 (Extended Hours Allowed By Permit); Title 5 (Business License and Permit Regulations), Chapter 5.03 (Amplified Sound Permit), Article VI (Violation, Penalty), Section 5.03.130 (Violation), Subsection D; Title 5 (Business License and Permit Regulations), Chapter 5.03 (Amplified Sound Permit), to add Article VII (Severability), Section 5.03.140 (Severability) to allow for outdoor amplified sound until 2 A.M. with duly issued permit, provided required noise control measures have first been installed or constructed and verified by a designated City Inspector; the penalty being as provided in Section 5.03.130 (Violation) of the El Paso City Code.

All Districts

Environmental Services, Ellen Smyth, (915) 212-6000

Environmental Services, Karl Rimkus, (915) 212-6053

(Attachment)

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER, 17, 2019

16.

Goal 3: Promote the Visual Image of El Paso:

16.1.

An Ordinance vacating an eight-foot public utility easement located within a portion of Tract 6, Franklin Place, City of El Paso, El Paso County, Texas. Subject Property: 8919 Otyokwa; Applicant: David Aragon; SUET19-00004

District 6

Planning and Inspections, Philip F. Etiwe, (915) 212-1553

Planning and Inspections, Jovani Francia, (915) 212-1613

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 17, 2019

16.2.

An Ordinance changing the zoning of Tracts 4C, 4D, 4E, 4F, 4G, 4J, 4K, 4L, and 5, Block 8, Ysleta Grant, Texas, 343-345 Zaragoza Road, City of El Paso, El Paso County, Texas from R-F (Ranch­Farm) to C-1 (Commercial), and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property : 343-345 Zaragoza Road. Property Owner:  Iwaloye Properties, LLC and the Estate of Maria Germany.  PZRZ19-00013

District 7

Planning and Inspections, Philip F. Etiwe, (915) 212-1553

Planning and Inspections, Karina Brasgalla, (915) 212-1604

(Attachment)

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 1, 2019

16.3.

An Ordinance changing the zoning of the property described as The West 8 feet of Lot 27, all of Lot 28, and the East 17 feet of Lot 29, Block 93, Supplemental Map No. 1 of East El Paso, 3220 Montana Ave. an addition to the City of El Paso, El Paso County, Texas from R-5 (Residential) to S-D (Special Development) pursuant to Section 20.04.360, and approving a Detailed Site Development Plan pursuant to Section 20.04.150 and 20.10.360 of the El Paso City Code to allow for medical treatment facility 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. The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan.

Subject Property: 3220 Montana Ave. Owner: Estrada Luz de Lumbre Properties, INC; PZRZ19-00003

District 2

Planning and Inspections, Philip F. Etiwe, (915) 212-1553

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 1, 2019

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

17.

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

17.1.

Discussion and action on the award of Solicitation 2019-883 Convair Road and Parking Lot Improvements to Jordan Foster Construction, LLC for an estimated total award of $2,579,072.00. The project includes the construction of a new employee parking lot for the Consolidated Rental Agency Complex (ConRAC).  It also includes the mill and overlay of Convair Road from Airport Road to just west of the Airport terminal, and De Havilland Drive from Convair Road to the point of curvature along the roadway.  Other improvements include new curb and gutter, sidewalks, rockwalls, storm drain inlet and piping, concrete flume, landscaping & irrigation, roadway illumination, and decorative landscape lighting.

Department:                        Capital Improvement

Award to:                             Jordan Foster Construction, LLC

                                            El Paso, TX

Item(s):                                All

Initial Term:                         160 Consecutive Calendar Days

Base Bid I:                           $2,515,072.00

Base Bid II:                          $     64,000.00

Total Estimated Award:       $ 2,579,072.00

Account No.:                       562-3010-62335-580270-PAP00930

Funding Source:                  Airport Customer Facility Charge

District(s):                            All

This is a Competitive Seal Proposal, unit price contract.

The Purchasing and Strategic Sourcing and Capital Improvement Departments recommend award as indicated to Jordan Foster Construction, LLC, the highest ranked offeror.

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.

Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity. The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.

As a part of this award, upon the review of the City Attorney, the City Engineer 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.

All Districts

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

Capital Improvement, Sam Rodriguez, (915) 212-1845

Aviation,  Monica Lombrana, (915) 212-7301

(Attachment)

(Attachment)

18.

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

18.1.

Discussion and action to award Solicitation 2019-1097 John Hayes Arterial Lighting Project to Tri State Electric, Ltd. for an estimated total award of $1,271,786.00. The work under this contract shall consist of furnishing all labor, materials, equipment, traffic control, permits, transportation, incidentals and all services required for the construction and installation of the Roadway Lighting Improvements.

Department:                                       Capital Improvement

Award to:                                            Tri State Electric, Ltd.

                                                           Vinton, TX

Item(s):                                               All

Initial Term:                                        220 Consecutive Calendar Days

Base Bid:                                            $1,271,786.00

Total Estimated Award:                     $1,271,786.00

Account No.:                                       190-28900-4740-580240-PCP20ST011

Funding Source:                                 2013 Street Infrastructure

District(s):                                            5

This is a Competitive Sealed Proposal procurement, unit price contract.

The Purchasing and Strategic Sourcing Department and Capital Improvement Departments recommend award as indicated to Tri State Electric, Ltd.., the highest ranked offeror.

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.

Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity. The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.

As a part of this award, upon the review of the City Attorney, the City Engineer 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 5

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

Capital Improvement, Sam Rodriguez, (915) 212-0065

(Attachment)

(Attachment)

18.2.

Discussion and action on the award of Solicitation 2019-891 Brian Ray Circle Street Reconstruction to MARTINEZ BROS. CONTRACTORS, LLC., for an estimated total award of $1,079,775.00. The improvements consist of: curb and gutter, 5 ft. concrete sidewalk, concrete driveways, HMAC pavement, base course, select fill subbase, city monuments, new street lights with LED fixtures, ADA compliant handicap ramps with ADA tiles, new streets signs, removal and replacement or adjustment to water meters, adjustment to sanitary sewer manholes, stripping at the heels of the roadway, small amount of rock aggregate for parkways.

Department:                                 Capital Improvement

Award to:                                      MARTINEZ BROS. CONTRACTORS, LLC.

                                                     El Paso, TX

Item(s):                                         All

Initial Term:                                  240 Consecutive Calendar Days

Base Bid I:                                    $1,079,775.00

Total Estimated Award:                $1,079,775.00

Account No.:                                190-4743-38290-580272-PCP18ST009

Funding Source:                           2018 Capital Plan 

District(s):                                     6

This is a Competitive Seal Proposal, unit price contract.

The Purchasing and Strategic Sourcing and Capital Improvement Departments recommend award as indicated to MARTINEZ BROS. CONTRACTORS, LLC, the highest ranked offeror.

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.

Work under this unit price contract is only an estimated value and will be ordered, performed, invoiced, and paid by measured quantity. The actual cost of this contract may be higher or lower than the total estimated value and will be the sum total of unit prices at the end of the contract term.

As a part of this award, upon the review of the City Attorney, the City Engineer 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 6

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

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

19.

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

19.1.

An Ordinance amending Title 5 (Business License and Permit Regulations), Chapter 5.01 (General); Chapter 5.02 (Alcoholic Beverages); Chapter 5.03 (Amplified Sound Permit); Chapter 5.04 (Flea Market Operator); Chapter 5.05 (Public Swimming Pool Licenses); Chapter 5.06 (Home Occupation License); Chapter 5.07 (Boarding Home Facilities); Chapter 5.08 (Laundries); Chapter 5.09 (Sexually Oriented Businesses); and Chapter 5.10 (Tattoo And Body Art Studio Registration and Artist License) of the El Paso City Code to allow additional designated City employees to enforce Title 5 and conduct corresponding inspections and investigations, the penalty being as provided in Section 5.01.100 (Violation, Penalty); Section 5.02.170 (Violations and Penalties); Section 5.03.130 (Violation); Section 5.04.010 (Flea Market Operator License Provisions), Paragraph C (Enforcement-Penalty); Section 5.05.160 (Violations and Penalties); Section 5.06.020 (Home Occupation License Provisions), Paragraph G (Enforcement-Penalty); Section 5.07.150 (Offenses and Criminal Penalties); Section 5.09.150 (Penalties and Enforcement); Section 5.10.180 (Violation and Penalties), respectively, of the El Paso City Code.

All Districts

Environmental Services, Ellen Smyth, (915) 212-6000

(Attachment)

(Attachment)

20.

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

20.1.

An Ordinance ratifying the 2015 Edition of the International Fire Code and Amending Title 9 (Health And Safety), Chapter 9.52 (Fire Prevention Code), of the El Paso City Code, to provide for local amendments to the 2015 International Fire Code, the penalty being as provided in Section 9.52.030.12 (Violation Penalties) of the El Paso City Code.

All Districts

Fire, Chief Mario M. D'Agostino, (915) 212-5610

(Attachment)

21.

Goal 3: Promote the Visual Image of El Paso

21.1.

An Ordinance amending Title 2 (Administration and Personnel), Chapter 2.16 (Zoning Board of Adjustment), Section 2.16.040 (Appeals), and Section 2.16.050 (Special Exceptions), to comply with changes enacted by the Texas Legislature during The 86th legislative session under H.B. 2497 and H.B. 2439 regarding appeals to The Zoning Board Of Adjustment and regulations pertaining to the use of building materials used in the construction or renovation of residential or commercial buildings. The penalty being provided in Chapter 20.24 (Enforcement-Penalty) of the El Paso City Code.

All Districts

Planning and Inspections, Philip Etiwe, (915) 212-1553

Planning and Inspections, Anne Guayante, (915) 212-1814

(Attachment)

(Attachment)

21.2.

An Ordinance amending Title 19 (Subdivision and Development Plats), Article 1 (Platting Procedures), Chapter 19.01 (Provisions Applicable to all Platting Procedures), Section 19.01.040 (Time for decision on Plats and Land Studies); Chapter 19.02 (Land Studies), Section 19.02.020 (Application Procedures) and Section 19.02.030 (Decision); Chapter 19.03 (Preliminary Plats), Section 19.03.020 (Application and Procedures) and Section 19.03.030 (Decision); Chapter 19.04 (Final Plat), Section 19.04.020 (Application and Procedures) and Section 19.04.030 (Decision); Chapter 19.07 (Revisions to Recorded Plats), Section 19.07.010 (General Requirements for Plat Revisions) and Section 19.07.020 (Replats Without Vacation) and Section 19.07.030 (Special Replat Requirements) and Section 19.07.040 (Amending Plats); Chapter 19.08 (Construction Plans and Management), Section 19.08.010 (Subdivision Improvement Plans) and Section 19.08.020 (Timing of Public Improvements, Permit Issuance); and Title 19 (Subdivision and Development Plats), Article 4 (Specific Application and Processing Requirements), Chapter 19.38 (Notice Requirements), Section 19.38.020 (Personal Notice for Replats) of the El Paso City Code to comply with changes made by the Texas Legislature during the 86th Legislative Session under H.B. 3167 AND H.B. 3314 regarding municipal approval procedure for land development applications and certain requirements related to subdivision plats. The penalty is as provided under Chapter 19.42 of the El Paso City Code.

All Districts

Planning and Inspections, Philip Etiwe, (915) 212-1553

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

(Attachment)

(Attachment)

21.3.

An Ordinance amending Title 20 (Zoning), Chapter 20.06 (Zoning Districts and Map), Section 20.06.075 (Annexation Procedures) of the El Paso City Code to comply with changes made by the Texas Legislature during the 86th legislative session under H.B. 347 and S.B. 1303 regarding annexation procedures. The penalty is as provided under Chapter 20.24 of the El Paso City Code.

All Districts

Planning and Inspections, Philip Etiwe, (915) 212-1553

Planning and Inspections, Anne Guayante, (915) 212-1814

(Attachment)

(Attachment)

21.4.

An Ordinance amending Title 20 (Zoning), Chapter 20.10 (Supplemental Use Regulations), Section 20.10.035 (Accessory Dwelling Unit (ADU)), Subsection 20.10.035(A), Subsection 20.10.035(A)(12) of the El Paso City Code to comply with changes made by the Texas Legislature during the 86th legislative session under H.B. 2439 regarding regulations adopted by governmental entities for building products, materials, or methods used in the construction or renovation of residential or commercial buildings. The penalty is as provided under Chapter 20.24 of the El Paso City Code.

All Districts

Planning and Inspections, Philip Etiwe, (915) 212-1553

Planning and Inspections, Anne Guayante, (915) 212-1814

(Attachment)

(Attachment)

21.5.

An Ordinance amending Title 20 (Zoning), Chapter 20.18 (Sign Regulations), Article III (Billboard Regulations), Section 20.18.220 (Size and Height), Subsection 20.18.220(A) of the El Paso City Code to comply with changes made by the Texas Legislature during the 86th legislative session under H.B. 357 regarding the height outdoor advertising signs regulated by the Texas Department of Transportation. The penalty is as provided under Chapter 20.24 of the El Paso City Code.

All Districts

Planning and Inspections, Philip Etiwe, (915) 212-1553

Planning and Inspections, Anne Guayante, (915) 212-1814

(Attachment)

(Attachment)

21.6.

An Ordinance amending Title 20 (Zoning), Chapter 20.20 (Historic Landmark Preservation), Section 20.20.040 (Procedure for Designation of Historic Landmarks and Districts) of the El Paso City Code to comply with changes made by the Texas Legislature during the 86th legislative session under H.B. 2496 regarding property owner consent regarding designation of local historic landmarks. The penalty is as provided under Section 20.20.140 of the El Paso City Code.

All Districts

Planning and Inspections, Philip Etiwe, (915) 212-1553

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

(Attachment)

(Attachment)

21.7.

An Ordinance amending Title 21 (Smartcode), Chapter 21.50 (Building Scale Plans), Section 21.50.140 (Architectural Standards), and Chapter 21.70 (Definition of Terms), Section 21.70.010 (Definitions), to comply with changes enacted by the Texas Legislature during the 86th legislative session under H.B. 2439 and H.B. 3167 regarding regulations pertaining to the use of building materials used in the construction or renovation of residential or commercial buildings and municipal approval procedure for land development applications. The penalty being as provided in Section 21.60 of the El Paso City Code.

All Districts

Planning and Inspections, Philip Etiwe, (915) 212-1553

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

(Attachment)

(Attachment)

21.8.

An Ordinance changing the zoning of Parcel 1: A portion of Blocks 10, 11, 14 and a portion of closed alley and closed Rogelio Street, Highland Park Addition, 1155 Idaho St. Parcel 2: Lots 1 and 2, Block 10, Highland Park Addition, 1931 Atlanta Ave., City of El Paso, El Paso County, Texas from R-5 (Residential) to C-1 (Commercial) and imposing a condition, the penalty is as provided for in Chapter 20.24 of the El Paso City Code.  The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: 1155 Idaho St. & 1931 Atlanta Ave. Owner: University Behavioral Health of El Paso, LLC by Ascend Health Corporation; PZRZ18-00042

District 8

Planning and Inspections, Philip F. Etiwe, (915) 212-1553

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

(Attachment)

(Attachment)

21.9.

An Ordinance changing the zoning of the property described as Lot 6, Block 10, Eastwood Section 1, 7812 Bois D’Arc Drive, City of El Paso, El Paso County, Texas from R-3 (Residential) to S-D (Special Development), pursuant to Section 20.04.360, 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 medical office 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. The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: 7812 Bois D’Arc Drive Owner: Martin R. Celis and Vanessa S. Celis; PZRZ19-00011

District 7

Planning and Inspections, Philip F. Etiwe, (915) 212-1553

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

(Attachment)

(Attachment)

21.10.

An Ordinance changing the zoning of a portion of Tract 6B, Block 35, Ysleta Grant Survey, and a portion of Tracts 1 and 2, O.C. Coles Survey, City of El Paso, El Paso County, Texas from A-2 (Apartment) and R-F (Ranch Farm) to R-4 (Residential). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 183 S. Davis Drive, 8600 & 8590 Alameda Avenue. Property Owner: Ysleta Independent School District, LLC. PZRZ19-00005

District 6

Planning and Inspections, Philip Etiwe, (915) 212-1550

Planning and Inspections, Brenda Cantu, (915) 212-1642

(Attachment)

(Attachment)

22.

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

22.1.

An Ordinance authorizing the City Manager to sign a Contract of Sale, Special Warranty Deed and any other documents necessary to convey 6.325 acres of land, more or less, being described as Lot 3, Block 1, Coronado Del Sol, an Addition to the City of El Paso, El Paso County, Texas, to the Housing Authority of the City of El Paso for the purchase price of $826,551.00

District 8

El Paso Water, James W. Wolff, (915) 594-5511

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

23.

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

23.1.

Presentation by The Hub of Human Innovation on their mid-year report (September 1, 2018 - March 31, 2019) on their progress with respect to the FY 2019 performance measures, as described under the reporting metrics in the Chapter 380 grant agreement.

All Districts

Economic and International Development, Jessica Herrera, (915) 212-1615

Economic and International Development, Monica Fuentes, (915) 212-1618

(Attachment)

(Attachment)

23.2.

Discussion and action that the City Manager be authorized to sign an Economic Development Program Agreement ("Agreement") between the City of El Paso (the "City") and Charter Communications, Inc. (the "Applicant"), regarding Applicant's improvements and expansion of its facility at 1359 Lomaland, El Paso, Texas. Pursuant to the Agreement, Applicant will invest $2,300,000.00; create 350 new full-time positions; and retain 578 existing full-time positions. In exchange, the City will provide incentives not to exceed $277,522.00.

District 7

Economic and International Development, Jessica Herrera, (915) 212-1615

Economic and International Development, Monica Fuentes, (915) 212-1618

(Attachment)

(Attachment)

24.

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

24.1.

Discussion and action on a Resolution of the City Council of the City of El Paso, Texas, calling for a Special Election to fill a City Council vacancy in the office of Representative for District No. 3, to be held on November 5, 2019; and making provisions for the conduct of the Special Election; and authorizing a contract with El Paso County to furnish election services and equipment. [POSTPONED FROM 08-26-19]

District 3

City Attorney's Office, Karla M. Nieman, (915) 212-0033

(Attachment)

25.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

25.1.

Discussion and action that Policies and Procedures for the 46th Program Year implementing the 2020-2021 Community Development Block Grant (CDBG) Program, Emergency Solutions Grant (ESG) Program, Housing Opportunities for Persons with AIDS (HOPWA) Program, and HOME Investment Partnerships (HOME) Program are approved and adopted, and that the Director of Community and Human Development be authorized to make amendments to the policies and grant exceptions to the policies and procedures provided such exceptions do not violate any federal regulations and are made prior to the commencement of the 30 day public comment period for adoption of the Annual Plan.

All Districts

Community and Human Development, Nicole Ferrini, (915) 212-1659

Community and Human Development, Mark Weber, (915) 212-1682

(Attachment)

(Attachment)

26.

MAYOR AND COUNCIL

26.1.

Discussion and action to direct City Manager to provide a summary of events of all actions taken regarding the City of El Paso’s involvement and assistance with YISD in reference to the Eastwood High School versus Plano High School football game to be held at the Star Stadium in Frisco, Texas on Thursday, September 5, 2019.

All Districts

Representative Henry Rivera, (915) 212-0007

(Attachment)

26.2.

Discussion and action to give a special good luck send off to the Eastwood High School football team and Eastwood community, families and staff on their football game against Plano High School.

All Districts

Representative Henry Rivera, (915) 212-0007

(Attachment)

26.3.

Presentation and Update on Cielo Vista Walmart Community Memorial Clean-Up by Representative Henry Rivera, District 7 & the Zaragoza Rotary Club of El Paso.

All Districts

Representative Henry Rivera, (915) 212-0007

(Attachment)

(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

Discussion and action on the following:

EX1.

Public Utility Commission of Texas, Joint Report and Application of El Paso Electric Company, Sun Jupiter Holdings LLC, and IIF US Holding 2 LP for Regulatory Approvals under PURA §§ 14.101, 39.262, and 39.915; Matter: 19-1008-126. (551.071)

City Attorney’s Office, Karla M. Nieman, (915) 212-0033

EX2.

Discussion on El Paso Electric Company Assignment of Franchise; Matter 19-1008-126. (551.071)

City Attorney’s Office, Karla M. Nieman, (915) 212-0033

EX3.

Update Regarding HB 4347 and it’s Applicability to Future Chapter 380 Agreements. (18-1078-054) (551.071) (551.087)

City Attorney’s Office, Karla M. Nieman, (915) 212-0033

Economic and International Development, Jessica Herrera, (915) 212-0094

EX4.

In Re: Max Grossman, Relator; Supreme Court of Texas; Case #19-0522; Matter No. 19-1001-233 (551.071)

City Attorney’s Office, Karla M. Nieman, (915) 212-0033

EX5.

Max Grossman v. Mark Wolfe, Executive Director, Texas Historical Commission; Supreme Court of Texas; Case #19-0521; Matter No. 19-1001-237 (551.071)

City Attorney’s Office, Karla M. Nieman, (915) 212-0033

EX6.

Ex Parte City of El Paso; Supreme Court of Texas; Case #19-0022;Matter No. 17-1001-171.002 (551.071)

City Attorney’s Office, Karla M. Nieman, (915) 212-0033

EX7.

Max Grossman v. City of El Paso; 384th District Court; #2017DCV2528; Matter No. 17-1001-171.001 (551.071)

City Attorney’s Office, Karla M. Nieman, (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.

ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET ON THURSDAY PRIOR TO THE MEETING AT THE ADDRESS BELOW: http://www.elpasotexas.gov/