City Council

Oscar Leeser

Peter Svarzbein, District 1

Mayor

Larry Romero, District 2

 

Emma Acosta, District 3

 

Carl L. Robinson, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz, District 6

 

Lily Limón, District 7

 

Cortney Carlisle Niland, District 8

 

 

MINUTES FOR REGULAR COUNCIL MEETING

September 22, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

 

 

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ROLL CALL

The City Council met in regular session at the above place and date.  Meeting was called to order at 8:07 a.m.  Mayor Pro Tempore Michiel Noe present and presiding and the following Council Members answered roll call:  Peter Svarzbein, Larry Romero, Carl Robinson, and Lilia Limón.  Late arrival:  Cortney Niland at 8:08 a.m.  Mayor Oscar Leeser, Emma Acosta, and Claudia Ordaz requested to be excused.  The invocation was given by Cesar Rivera, Board Member with Join Us For Justice, followed by the Pledge of Allegiance to the Flag of the United States of America.

 

 

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INVOCATION BY CESAR RIVERA, BOARD MEMBER WITH JOIN US FOR JUSTICE

 

 

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PLEDGE OF ALLEGIANCE

 

 

 

 

 

Cedar Grove Elementary

 

Renata Alvarado

Naidelyn Alvarez

Yesenia Garcia

Alicia Gerardo

Issac Gonzalez

Isabelle Mendez

Melissa Ojeda

Daniel Ortiz

Rojelio Sanchez

Rudy Valenzuela

 

 

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MAYOR’S PROCLAMATIONS

 

 

 

 

 

 

1.

Children Who Learn Differently Week

 

 

 

 

 

 

2.

National Falls Prevention Awareness Week

 

 

 

 

 

 

3.

2015 CommUNITY en ACCIÓN Hispanic Heritage Month

 

 

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RECOGNITIONS

 

 

 

 

 

Star on the Mountain Award – The University of Texas at El Paso 2015 Regents’ Outstanding Teaching Awards Recipients

 

David Carrejo, Ph. D.

Bradley Cartwright, Ph. D.

Sandor Dorgo, Ph. D.

Pei-Ling Hsu, Ph. D.

Helmut Knaust, Ph. D.

Oscar Macchioni, DMA

Homer Nazeran, Ph. D.

Sasha Pimentel, Ph. D.

Raymond Rumpf, Ph. D.

Elizabeth Walsh, Ph. D.

 

 

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

The following member of the public commented:

1.      Ms. Wally Cech

2.      Mr. David Marcus

 

 

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NOTICE TO THE PUBLIC – CONSENT AGENDA

Motion made by Representative Niland, seconded by Representative Romero, and unanimously carried to APPROVE, AS REVISED, all matters listed under the Consent Agenda unless otherwise noted.  (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}.

 

AYES: Representatives Svarzbein, Romero, Robinson, Noe, Limón, and Niland

NAYS: None

ABSENT: Representatives Acosta and Ordaz

 

 

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CONSENT AGENDA - APPROVAL OF MINUTES:

 

 

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1.

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

 

 

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1.1.

*Motion made, seconded, and unanimously carried to APPROVE Minutes for the Regular City Council Meeting of September 15, 2015, the Legislative Review Meeting of the Whole of September 14, 2015, and the Special City Council Meeting of September 14, 2015.

 

 

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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

 

 

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2.

*Motion made, seconded, and unanimously carried to EXCUSE, AS REVISED Mayor Oscar Leeser and Representatives Emma Acosta and Claudia Ordaz from the Regular Council Meeting of September 22, 2015.

 

 

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CONSENT AGENDA - RESOLUTIONS:

 

 

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3.

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

 

 

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3.1.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager be authorized to execute the Amended and Restated Ground Lease between the City of El Paso and Franklin Avenue Apartments, LLC, correcting certain minor inconsistencies and authorizing assignment to a purchaser upon foreclosure be ratified for the property municipally known as 617 West Franklin Avenue, El Paso, Texas, and more specifically described as Lots 4 through 8, Block 13, SUNSET HEIGHTS, an addition to the City of El Paso, County of El Paso, Texas as recorded in Volume 4378, Page 1507 of the official records of the County of El Paso, Texas.

 

 

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4.

Goal 3: Promote the Visual Image of El Paso

 

 

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4.1.

*R E S O L U T I O N

A RESOLUTION APPROVING A DETAILED SITE DEVELOPMENT PLAN PZDS15- 00013 FOR LOT 2B, BLOCK 3, NORTHWESTERN CORPORATE CENTER, UNIT FOUR, AMENDING SUBDIVISION, 6600 DESERT NORTH BOULEVARD, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.04.150. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE

WHEREAS, on October 2, 2001, City Council rezoned the property described as a Lot 2B, Block 3, Northwestern Corporate Center, Unit Four, Amending Subdivision, 6600 Desert North Boulevard, City of El Paso, El Paso County, Texas, from M-1 (Light Manufacturing) to C-4/c (Commercial/condition) and as part of the rezoning imposed a condition that a detailed site development plan be submitted for review and approval by the City Plan Commission and City Council prior to issuance of a building permit; and,

WHEREAS, the property owner, El Paso County Hospital d/b/a University Medical Center of El Paso (the "Owner") is ready to proceed with development and has submitted a detailed site development plan for review; and,

WHEREAS, the detailed site development plan is subject to the development standards in the C-4/c (Commercial/condition) District regulations and subject to the approved Detailed Site Development Plan signed by the Applicant, the City Manager and the Executive Secretary to the City Plan Commission; and,

WHEREAS, a report was made by the staff to the City Plan Commission and a public hearing was held regarding such application; and,

WHEREAS, the City Plan Commission has approved and herein recommends Council approval of the subject detailed site development plan; and

WHEREAS, the City Council finds that the detailed site development plan meets all applicable requirements of the El Paso City Code;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

1.           Pursuant to requirements imposed on the property described as Lot 2B, Block 3, Northwestern Corporate Center, Unit Four, Amending Subdivision, 6600 Desert North Boulevard, City of El Paso, El Paso County, Texas, and the City Council hereby approves the detailed site development plan. The detailed site development plan is subject to the development standards in the C-4/c (Commercial/condition) District.

2.               A copy of the approved detailed site development plan, signed by the Applicant, the City Manager and the Secretary of the City Plan Commission, is attached hereto, as Exhibit "A" and incorporated herein by reference.

3.               All construction and development on the property shall be done in accordance with the approved detailed site development plan and the development standards applicable in the C-4/c (Commercial/condition) District regulations.

4.               The Applicant shall sign an agreement to develop the property and to perform all construction thereon in accordance with the approved detailed site development plan and the standards applicable in the C-4/c (Commercial/condition) District. Such agreement shall be signed and filed with the Zoning Administrator and the Executive Secretary of the City Plan Commission before building permits are issued.

5.               This approval shall be void if construction on the property is not started in accordance with the approved detailed site development plan within four (4) years from the date hereof.

 

 

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4.2.

*R E S O L U T I O N

BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager be authorized to sign a Lease of Property between the CITY OF EL PASO and UNION PACIFIC RAILROAD COMPANY, for the lease of the approximately 23,869 square foot (.55 acre) parcel of real property generally located on West San Francisco Street between 400 W. San Francisco Street and Durango Street, El Paso, Texas (as more particularly depicted on the maps attached as Exhibit A) for an initial term of one (1) year which shall renew automatically from year to year unless earlier terminated, for City’s maintenance and use of the improvements owned by the Union Pacific, including lighting, picnic area, sidewalks, concrete walls, fencing, landscaping and purposes incidental thereto, and that the City Manager, or designee, be authorized to sign any necessary documents to accomplish the intent of this Resolution.  City will pay no rent during the lease term.

 

 

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5.

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

 

 

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5.1.

*R E S O L U T I O N

            WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

            WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

            WHEREAS, taxpayer, Art Marmolejo (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on January 31, 2012 in the amount of $273.53 for all taxing entities; and

            WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2011 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

            NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            THAT THE City finds that Art Marmolejo 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 $273.53 is approved.

 

 

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6.

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

 

 

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6.1.

R E S O L U T I O N

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the City Manager be authorized to provide written notification to the U.S. Customs and Border Protection (CBP) to renew the Section 560 Annex between the City and CBP for the period beginning on October 1, 2015 and ending on September 30, 2016, to allow for the reimbursement of additional CBP staffing hours to reduce wait times at the City's ports of entry.

 

Mr. Mathew McElroy, Director of International Bridges, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Representatives Svarzbein, Robinson, Noe, Limón, and Niland commented.

 

Mr. Tommy Gonzalez, City Manager, commented.

 

1st MOTION

*Motion made, seconded, and unanimously carried to MOVE THE ITEM TO REGULAR.

 

2ND AND FINAL MOTION

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Romero, Noe, and Niland

NAYS: Representatives Robinson and Limón

ABSENT: Representatives Acosta and Ordaz

 

 

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7.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

 

 

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7.1.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the Town of Horizon City, Texas, (“Town of Horizon City”) for the period of September 1, 2015 through August 31, 2016, for the provision of public health 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 TWO THOUSAND SIXTEEN AND 00/100 DOLLARS ($102,016.00).

 

 

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7.2.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the Town of Clint, Texas, for the period of September 1, 2015 through August 31, 2016, for the provision of public health services by the City of El Paso to the Town of Clint, for which the Town of Clint shall pay to the City of El Paso an annual amount of FIVE THOUSAND SIX HUNDRED FORTY SEVEN AND 00/100 DOLLARS ($5,647.00).

 

 

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7.3.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

            That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the Village of Vinton, Texas, for the period of September 1, 2015 through August 31, 2016, for the provision of public health services by the City of El Paso to the Village of Vinton, for which the Village of Vinton shall pay to the City of El Paso an annual amount of TWELVE THOUSAND FOURTEEN AND 0/100 DOLLARS ($12,014.00).

 

 

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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

 

 

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8.

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

 

 

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8.1.

*Motion made, seconded, and unanimously carried that the following tax refunds be APPROVED, subject to auditor approval:

AYES: Representatives Svarzbein, Romero, Robinson, Noe, Limón, and Niland

NAYS: None

ABSENT: Representatives Acosta and Ordaz

1.    Corelogic in the amount of $3,765.32 overpayment on January 31, 2015 of 2014 taxes.  (Geo. # E222-999-1230-2900)

2.   First American Mortgage Services in the amount of $5,117.48 overpayment on February 10, 2015 of 2014 taxes.  (Geo. # T287-999-0410-3800)

 

3.   RSD Security Scanners, LLC in the amount of $11,759.99 overpayment on April 7, 2015 of 2014 taxes.  (Geo. # X579-999-2320-2300)

 

 

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CONSENT AGENDA - NOTICE FOR NOTATION:

 

 

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9.

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

 

 

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9.1.

*Motion made, seconded, and unanimously carried to APPROVE the donation of $500.00 from Union Pacific Railroad and $500 from Texas Gas Service for District 7 Summer Fun Programs.

 

 

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9.2.

*Motion made, seconded, and unanimously carried to APPROVE the donation of $1,000 from Clear Channel Outdoor, Inc. for Music in the Park, District 2.

 

 

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9.3.

*Motion made, seconded, and unanimously carried to APPROVE the donation of $250.00 from Castro Enterprises and $250 from Clear Channel Outdoor for District 7 Summer Fun Programs.

 

 

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REGULAR AGENDA - FIRST READING OF ORDINANCES

Motion made by Representative Niland, seconded by Representative Romero, and unanimously carried that the following Ordinances, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:

 

ABSENT: Representatives Acosta and Ordaz

 

 

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10.

Goal 3: Promote the Visual Image of El Paso:

 

 

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10.1.

An Ordinance granting Special Permit No. PZST15-00029 to allow for infill development with a rear yard setback reduction on the property described as a Portion of Lot 2, Block 27, West Hills Unit Thirteen, 410 Thorn Avenue, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.280 Infill Development of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 410 Thorn Avenue. Property Owner: MS Property, LLC. PZST15-00029

 

PUBLIC HEARING WILL BE HELD ON OCTOBER 13, 2015

 

 

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10.2.

An Ordinance granting Special Permit No. PZST15-00028 to allow for infill development with a reduction in front and rear cumulative setback, on the property described as a Lot 10, Block 1, Emerald Valley Estates, Replat “A”, 709 Woodfield Drive, City of El Paso, El Paso County, Texas, pursuant to Section 20.10.280 Infill Development of the El Paso City Code. The penalty being as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 709 Woodfield Drive. Property Owner: Bosko and Alma Lemez. PZST15-00028

 

PUBLIC HEARING WILL BE HELD ON OCTOBER 13, 2015

 

 

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11.

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

 

 

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11.1.

An Ordinance amending Ordinance No. 018401 Calling a Special Election for the submission of Charter Amendments to be held within the City, on November 3, 2015, to appoint the El Paso County Elections Administrator as the Early Voting Clerk for Joint Early Voting.

 

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 29, 2015

 

 

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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

 

 

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12.

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

 

 

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12.1.

Motion made Representative Romero, seconded by Representative Robinson, and unanimously carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing Department to issue a Purchase Order to (G4S Secure Solutions, (USA), Inc. a contractor under Cooperative Purchasing GSA Contract, Schedule 84, GS-07F-0382K to provide prisoner booking, transportation, and watch services for the El Paso Police Department. The City has made the determination that purchasing from this cooperative offers the most cost-effective pricing.

 

ABSENT: Representatives Acosta and Ordaz

 

Department:                            Police

Award to:                                G4S Secure Solutions, (USA), Inc.

                                                Albuquerque, NM

Total Estimated Award:          $1,445,605.90

Account No.:                           321 – 21100 – 522150 – 1000 – P2103

Funding Source:                     Outside Contracts – General Fund

Reference No.:                       2015-1198

 

This is a Cooperative, service contract.

 

Additionally it is requested that the City Attorney’s Office review and that the City Manager be authorized to execute any related contract documents and agreements necessary to effectuate this award.

 

Representative Niland commented.

 

Mr. John Espinoza, Procurement Analyst, commented.

 

 

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13.

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

 

 

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13.1.

Motion made by Representative Romero, seconded by Mayor Pro Tempore Noe, and unanimously carried to AUTHORIZE the Director of the Purchasing & Strategic Sourcing to issue a Purchase Order to Viva Powersports, LLC for Police Motorcycles Parts, Service and Maintenance.

 

ABSENT: Representatives Acosta and Ordaz

 

Department:                            Streets & Maintenance – Fleet Division

Award to:                                Viva Powersports, LLC

                                                El Paso, TX

Total Estimated Award:          $100,000.00

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

                                                532-37020-531250-3600-P3701

Funding Source:                     Inventory Purchases Materials and Supplies

                                                Equipment Outside Repair Services 

Sole Source No.:                    2016-028

 

This is a purchase pursuant to the Public Health and Safety Exemption, 252.022 (a) (2) of the Texas Local Government Code, services contract.

 

Additionally it is requested that the City Attorney’s Office review and that the City Manager be authorized to execute any related contract documents and agreements necessary to effectuate this award.

 

 

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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

 

 

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14.

Goal 3: Promote the Visual Image of El Paso

 

 

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14.1.

ORDINANCE 018416

The City Clerk read an Ordinance entitled:  AN ORDINANCE CHANGING THE ZONING OF LOTS 5 AND 6, AND A PORTION OF LOTS 4 AND 7, BLOCK 43, HART’S SURVEY NO. 9, 311 MONTANA AVENUE, CITY OF EL PASO, EL PASO COUNTY, TEXAS FROM A-2 (APARTMENT) TO C-2 (COMMERCIAL), AND IMPOSING CONDITIONS. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE. SUBJECT PROPERTY: 311 MONTANA AVENUE. PROPERTY OWNER: MIMA PROPERTIES, L.L.C. PZRZ15-00007

 

Mr. Carlos Gallinar, Deputy Director Planning Division, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Representatives Noe and Niland commented.

 

Motion duly made by Representative Romero, seconded by Representative Niland, that the Ordinance be ADOPTED.  Whereupon the Mayor Pro Tempore ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

 

AYES: Representatives Svarzbein, Romero, Robinson, Noe, Limón, and Niland

NAYS: None

ABSENT: Representatives Acosta and Ordaz

 

Whereupon the Mayor Pro Tempore ordered that, the vote having been cast in favor of the Ordinance, the same be and the same are hereby ADOPTED.

 

 

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REGULAR AGENDA - OTHER BUSINESS

 

 

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15.

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

 

 

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15.1.

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

 

CNG Phase II Refueling Station-MSC, District 7, Scott Gilliland, 212-1827

 

Mr. Scott Gilliland, Architect, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

NO ACTION taken on this item.

 

 

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15.2.

Presentation on status and general overview of Capital Projects, including: a. Westside Pool, District 1, Daniel Garcia, 212-1832

 

Mr. Daniel Garcia, Capital Improvement, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Representatives Svarzbein, Noe, Limón, and Niland commented.

 

The following City staff members commented:

 

  1. Mr. Tommy Gonzalez, City Manager
  2. Ms. Monica Lombrana, Director of Capital Improvement
  3. Ms. Sylvia Firth, City Attorney, gave legal advice.
  4. Ms. Tracey Jerome, Director of Museums and Cultural Affairs

 

Ms. Sarah Garcia, citizen, commented.

 

NO ACTION taken on this item.

 

 

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16.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

 

 

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16.1.

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the following affordable rental housing developments are approved for funding commitments, as recommended by the Director of Community and Human Development, as listed below:

Project Name:             P.V. Community Development Corporation

Project Type:              Acquisition, Demolition, and Construction of 10 Multi-Family Units

Project Address:         3001 Rivera (79905)

District:                        8

Funding Amount:        $1,520,100

 

Project Name:             The Marvellous Light Corp. – Herbert Street Hillside Apartments

Project Type:              Acquisition and Construction of 8 Multi-Family Units

Project Address:         8911, 8923 Herbert & 8924, 8928, 8932 & 8936 Roberts Street (79924)

District:                        2

Funding Amount:        $1,115,000

 

Project Name:             Kirk Estates

Project Type:              Construction of 10 Multi-Family Units

Project Address:         3501 Evalyn Street (79904)

District:                        2

Funding Amount:        $1,000,000

 

Project Name:             Jesse Prentice Loftin, Jr. – Mission Apartments Phase 2

Project Type:              Construction of 14 Multi-Family Units

Project Address:         6968 Alameda (79905)

District:                        3

Funding Amount:        $650,000

 

Project Name:             801 Kansas Street, LLC

Project Type:              Construction of 8 Multi-Family Units

Project Address:         801 Kansas Street (79901)

District:                        8

Funding Amount:        $785,000

 

Project Name:             4YL Group, Inc.

Project Type:              Construction of three Multi-Family Units

Project Address:         200 Seville Street (79905)

District:                        3

Funding Amount:        $215,000

Project Name:             Antonio & Marlene Hinojos, Jr.

Project Type:              Rehabilitation & Refinancing of one Single-Family Rental Unit

Project Address:         9056 Cuernavaca Street (79907)

District:                        6

Funding Amount:        $112,000

 

            That the City Manager, on behalf of the City of El Paso, be authorized to sign the applicable Investor HOME Written Agreements or Community Housing Development Organization (CHDO) HOME Written Agreements in a form substantially similar to the form contract attached as Exhibit “A”, by and between the City of El Paso and each respective project developer, as well as any related contract documents necessary to effectuate the award(s) and to secure and protect the City’s lien interest, upon the recommendation of the Director of Community and Human Development and the approval of the City Attorney’s Office.

 

Ms. Patria White, Housing Program Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Motion made by Representative Romero, seconded Representative Limón, and unanimously carried to APPROVE the Resolution.

 

AYES: Representatives Svarzbein, Romero, Robinson, Noe, Limón, and Niland

NAYS: None

ABSENT: Representatives Acosta and Ordaz

 

 

…………………………………………………………………………………………………….

 

 

EXECUTIVE SESSION

Motion made by Representative Niland, seconded by Representative Romero, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 10:13 a.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following:

 

ABSENT: Representatives Acosta and Ordaz

 

Section 551.071        CONSULTATION WITH ATTORNEY

Section 551.072        DELIBERATIONS REGARDING REAL PROPERTY

Section 551.073        DELIBERATION REGARDING PROSPECTIVE GIFTS

Section 551.074        PERSONNEL MATTERS

Section 551.076        DELIBERATION REGARDING SECURITY DEVICES

Section 551.087        DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS

 

Motion made by Representative Niland, seconded by Representative Svarzbein, and unanimously carried to adjourn the Executive Session at 10:45 a.m. and RECONVENE the meeting of the City Council, during which time motions were made.

 

ABSENT: Representatives Acosta and Ordaz

 

 

 

 

 

 

EX1.

PUC Docket No. 44667 – Application of El Paso Electric Company for Approval to Revise its Energy Efficiency Cost Recovery Factor and Request to Establish a Cost Cap  (551.071)

 

Motion made by Representative Romero, seconded by Representative Niland, and unanimously carried to AUTHORIZE the City Attorney to sign the Stipulation and Settlement Agreement on behalf of the City of El Paso in SOAH Docket No. 44677, PUC Docket No. 44677 —Application of El Paso Electric Company for Approval to Revise Its Energy Efficiency Cost Recovery Factor and Request to Establish Revised Cost Cap.

 

ABSENT: Representatives Acosta and Ordaz

 

 

 

 

 

 

EX2.

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

 

NO ACTION taken on this item.

 

 

 

 

 

 

EX3.

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

 

NO ACTION taken on this item.

 

 

 

 

 

 

EX4.

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to POSTPONE one week the 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)

 

ABSENT: Representatives Acosta and Ordaz

 

 

…………………………………………………………………………………………………….

 

 

ADDITIONS TO THE AGENDA

 

 

……………………………………………………………………………………………………..

 

 

 

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

 

 

………………………………………………………………………………………………………………

 

 

1.

REGULAR - OTHER BUSINESS

 

 

……………………………………………………………………………………………………..

 

 

 

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

 

 

………………………………………………………………………………………………………………

 

 

1.

RESOLUTION ADOPTING THE

RULES OF ORDER FOR THE EL PASO CITY COUNCIL

REVISED, AS EFFECTIVE SEPTEMBER 22, 2015

SECTION 1.   PURPOSE OF RESOLUTION

This Resolution is adopted pursuant to Section 3.5.B of the Charter of the City of El Paso as a procedural guide for the benefit of the City Council and for the general information of the public.  These rules shall apply to regular or special meetings at which action is to be taken, but shall not apply to meetings for committees of the City Council or to informational gatherings of the Council. 

SECTION 2.   EFFECT OF FAILURE TO FOLLOW THESE RULES

No action of the Council which is otherwise legal shall be invalidated merely by reason of the failure of the Council or City staff to follow these Rules of Order, unless the majority of the Council agrees that such action shall be invalidated.

SECTION 3.   STANDING

No one other than a member of the City Council shall have standing to assert before the Council that any action taken by the Council is invalid by reason of the Council's failure to comply with these Rules of Order.

SECTION 4.   SUSPENSION OF RULES

These rules may be suspended temporarily by a majority of the Council members present and voting, except as they pertain to a quorum, or to the majority required for any motion, or to other matters pre%u2011empted by laws other than those Rules of Order.

SECTION 5.   PRESIDING OFFICER

The Mayor shall preside at all meetings of the City Council, but if for any reason he is absent from the City, sick or unable to act, then the Mayor Pro Tempore shall preside at such meetings and at such times shall exercise all of the powers and discharge the duties of the Mayor, except that the Mayor Pro Tempore shall vote as a Representative.  In the absence or inability of both the Mayor and the Mayor Pro Tempore, the Alternate Mayor Pro Tempore shall preside and shall vote as a Representative.  Upon the arrival of the Mayor, the Mayor Pro Tempore or the Alternate Mayor Pro Tempore, the acting chairman shall immediately relinquish the chair upon the conclusion of the business immediately pending before the Council.

            The presiding officer shall preserve strict order and decorum at all regular and special meetings of the Council, and shall state questions coming before the Council as necessary for clarity, and shall announce the decision of the Council on all subjects. The Presiding Officer shall disable the microphone at the podium when he determines that the speaker has violated council rules of order.

SECTION 6.   QUESTIONS OF ORDER

All questions of order shall be decided by the presiding officer with the right of appeal from his or her decision to the Council that is present, the majority of whom, present and voting, may override the decision.

SECTION 7.   VOTING

The electronic voting system shall be utilized for the casting of the roll call votes of the Council in Council Chambers except as otherwise provided herein.  The City Clerk shall call for an electronic vote and each Representative shall, without undue delay, cast his or her vote on the electronic voting system.  When all votes have been cast, the City Clerk will review, announce and display the results of the voting, and staff will capture the display on the digital recording of the meeting or fully read the results into the record.  In the event of a tie vote, the City Clerk will announce the results and call for the Mayor’s vote before displaying the results.  Any error in voting or any discrepancy between the display of the votes and the City Clerk’s announcement of the results shall be corrected prior to the time that the Council proceeds to consider the next agenda item.

            The requirements under this section for the use of the electronic voting system shall be automatically suspended under the following circumstances and for the duration as announced by the City Clerk: (a) upon the announcement of the City Clerk that the electronic voting system is not working properly; (b) for votes on procedural matters including motions to recess and to take an agenda item out of order, and votes by acclamation; (c) when the Council is voting on more than one agenda item simultaneously; and (d) when more than one vote will be taken pertaining to an agenda item and in such instance, the City Clerk shall announce which vote shall be taken by use of the electronic voting system and which vote(s) shall be taken only by voice vote.

            In the event that the use of the electronic voting system is suspended or the system is otherwise not available, the City Clerk shall call the roll beginning with the Representative seated furthest to the Mayor's right and continuing in that order.  Each Representative shall audibly indicate his or her vote.  

            Records of all roll call votes shall be incorporated in the Minutes of the meeting.

SECTION 8.   RECORDED DEBATE

A Representative may request, through the presiding officer, to have an abstract of his or her statement on any subject under consideration by the Council entered in the Minutes or to attach any document referenced during a Council meeting to the Minutes. The recording secretary may be directed by the presiding officer to enter in the Minutes a synopsis of the discussion on any question coming before the Council.

SECTION 9.   ORDER OF PRECEDENCE OF MOTIONS

A motion to adjourn shall take precedence over all other motions and shall be non%u2011debatable; however, if such a motion is made prior to the disposition of all agenda items, the motion to adjourn must be approved by two%u2011thirds of all Council members present.

            A question of order shall take precedence over all other motions except a motion to adjourn.      

            A motion to postpone shall take precedence over all other motions except the motion to adjourn or a question of order, and may, at the sole discretion of the presiding officer, be debatable.

            At the discretion of the presiding officer, prior to voting on any motion, the Council may modify the motion by one or more motions to amend.  A motion to amend shall have precedence over the main motion and shall be approved by a simple majority of those present and voting.  Following approval of any amendment(s), Council shall vote on the merits of the main motion as amended.

SECTION 10.MOTION TO RECONSIDER

A motion to reconsider any action taken by the Council may be made at any time prior to adjournment of the same meeting at which such action was taken.

SECTION 11.  OBTAINING THE FLOOR

Every person desiring to speak shall address the presiding officer, and when recognized by the presiding officer, shall address only the question under consideration.

SECTION 12.  RIGHT OF CITIZENS TO BE HEARD

Any citizen of the City of El Paso shall have a reasonable opportunity to be heard at all public hearings of the City Council in regard to any and all matters to be considered at such hearings that are germane and relative to any subject matter of City affairs or business which is within the scope of the authority and legislative functions of the City Council.  Provided, however, that the time allowed for each citizen's appearance before City Council will be limited to a fixed number of minutes at the discretion of the presiding officer.  Members of the public will usually be granted three (3) minutes to present their position on issues.  Time will be kept by the City Clerk.  The presiding officer may grant a speaker additional time at his or her discretion. 

            A maximum of thirty minutes will be allotted for a public comment portion of each regular City Council meeting.  Members of the public will have a reasonable opportunity to provide comment on items not already posted on the agenda, except that no person shall engage in political advertising contrary to state law.  Persons wishing to provide comment during the public comment portion of the City Council agenda must sign up prior to 8:00 am on the day of the City Council meeting.  The City Clerk shall make available the sign-in sheet for the public outside of Council Chambers on the day of the Council meeting up until 8:00 am.  Any person signing up to provide comment during the public comment portion of the agenda must provide their name, address and a short description of the topic(s) of their comment.

            To facilitate the receiving of comment from as many citizens as possible who are interested in bringing topics forward to the City Council for comment, a person may sign up to obtain one time slot to speak or otherwise make a presentation on one or more specified topics during the public comment portion of a City Council meeting.  This provision does not restrict any member of the public from signing up to speak on items posted on the regular agenda or to ask questions regarding items posted on the consent agenda.

            The time allotted for the public comment portion of the agenda shall be uniformly divided among those who have signed up to obtain a time slot and participate and except as provided below, no speaker will have more than five minutes to speak or otherwise make a presentation, regardless of the number of topics a speaker wishes to address within his or her time slot.  At the beginning of the public comment portion of the agenda, the City Clerk will make one announcement as to the amount of time that each person has to provide comment.  The City Clerk will call each person signed up to make comment to the podium in the order that they signed up to speak and will keep time.  Each topic brought forward will be for comment from the speaker and may not be deliberated by the members of Council nor rebutted or debated by members of the public.  Any member of the City Council may propose that the topic commented on be posted by staff on a future Council meeting agenda for the Council’s discussion and action.

            The presiding officer at his or her discretion may grant a speaker one (1) additional minute to wrap up his or her comments regardless of whether the allotted thirty minutes will otherwise be taken up by the others making comment.  If the allotted thirty minutes for the public comment portion of the agenda have not been completely utilized by the persons who signed up, obtained a time slot and had the opportunity to speak to the Council, and one or more of these speakers had signed up to speak on multiple topics but were not able to finish their comments within their allocated time, then the Council, upon the request of one Council member and at the Council’s discretion, may determine that it will grant additional time to one or more of these persons to speak a second time on the same topics.  In such event, the City Clerk will advise the Council of the time remaining for these speakers and the presiding officer will allocate the remaining time among the persons who will be allowed to speak a second time, not to exceed five minutes per person.

            Members of the public wishing to ask a question regarding an item posted on the consent agenda or to speak to an item posted on the regular agenda must sign up prior to 8:00 a.m. on the day of the City Council meeting.  The City Clerk shall make available the sign-in sheet for the public outside of Council Chambers on the day of the Council meeting up until 8:00 a.m.  Persons may sign up to address multiple items, however this does not mean it is permissible to “mark all” or to sign up for every item “just in case” they wish to speak when the discussion on an item takes place.

            At the time that the consent agenda is taken up for consideration, the City Clerk shall advise the Mayor Pro Tempore whether persons in the audience have signed up to ask a question regarding an item posted on the consent agenda.  The Mayor Pro Tempore shall have the floor and may ask the City Clerk to call those individuals up to the podium to hear their questions.  At that time, the City Clerk will announce the agenda item number and call the person to the podium.  The Mayor Pro Tempore may request the City Manager to respond to the questions raised by the members of the public.  In his or her discretion, the Mayor Pro Tem may move the consent agenda item to the regular agenda for continued discussion and action by the City Council. 

            Members of Council may move to overrule the determinations by the Mayor Pro Tempore under this section by a simple majority vote of the Council members present and voting.

            No person may speak a second time except by permission of the presiding officer, and further, no person shall be heard a second time until all persons desiring to speak once have been given the opportunity to do so.

            Personal attacks are not permitted.  Members of the public should address their questions to the Council, not to the staff.  Council may in turn ask staff to provide input.

            Members of the public may be asked to leave or be removed from Council Chambers if it is determined that they are disruptive to the meeting.  Such determination will be made by the presiding officer.  Members of Council may move to overrule such determination by the presiding officer subject to a simple majority vote of Council, present and voting.

SECTION 13.  CALLING AND ORDER OF AGENDA ITEMS

Executive Session will be scheduled at the end of the meeting or other such time as determined by the Council.  The Invocation and Pledge of Allegiance will take place no sooner than 8:00 a.m.  Thereafter, the proceedings will take place as specified on the Attached Exhibit “A”.

             The public comment (call to the public) portion of the agenda will follow, not to exceed thirty (30) minutes.  Items accepting or acknowledging donations to the City will be taken prior to consideration of the consent agenda.  Items removed from the consent agenda by the Mayor Pro Tempore or at the request of other Council members will be considered at the time when items for the related department are being considered or as otherwise requested by the Mayor Pro Tempore.  The introduction of ordinances will be considered first on the regular agenda, followed by the procurement items posted on the regular agenda by the Financial Services and/or Engineering and Construction Management departments, and any reports or updates from the City’s Committees, Boards and Commissions.

            Notwithstanding the above provisions, the City Manager shall direct the placement of all matters relating to the City Council’s adoption of the annual City budget and associated matters relating to the start of each new fiscal year and the adoption of the tax levy on one or more agendas so as to meet all required statutory and charter deadlines.

            At the time that each agenda item is to be considered by the City Council, the City Clerk will announce all agenda items by number and a brief statement as to the nature of the item when appropriate.  In the case of a revision, the City Clerk or staff shall read the item into the record, as appropriate. 

SECTION 14. PARLIAMENTARIAN

            The City Attorney and the Deputy City Attorney are confirmed to serve as Parliamentarian and Alternate Parliamentarian, respectively.

SECTION 15.  USE OF ELECTRONIC DEVICES

Electronic devices within Council chambers shall be used in accordance with all established City practices and procedures and as directed by Information Technology Department staff providing support services during a meeting.  City staff, other than the dignitary protection officers, and members of the public shall turn off the signals of all pagers, cellular telephones and other devices capable of making an audible signal and shall not make or take any telephone calls while in Council chambers once a Council meeting has been called to order.

Motion made by Representative Niland, seconded by Representative Svarzbein, and unanimously carried to APPROVE a Resolution.

 

AYES: Representatives Svarzbein, Romero, Robinson, Noe, Limón, and Niland

NAYS: None

ABSENT: Representatives Acosta and Ordaz

 

 

…………………………………………………………………………………………………….

 

 

ADJOURN

 

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to ADJOURN this meeting at 10:47 a.m.

 

ABSENT: Representatives Acosta and Ordaz

 
                   

 

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APPROVED AS TO CONTENT:

 

 

____________________________

Richarda Duffy Momsen, City Clerk