City Council

Oscar Leeser

Ann Morgan Lilly, 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

September 23, 2014

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

September 22, 2014

9:00 AM

ROLL CALL

INVOCATION BY POLICE CHAPLAIN CARLOS FLORES

PLEDGE OF ALLEGIANCE

Polk Elementary School

Carolina Alaniz

Gabriela Dominguez

Cynthia Gallegos

Jon Andres Hitt

Raul Lawrence

Natalia Quijano

Justin Riffey

Max Servin

Charles Spencer

Octavio Trujillo

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://www.elpasotexas.gov/muni_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.

MAYOR’S PROCLAMATIONS

1.

William Dorman’s 21st Birthday

2.

National GEAR Up Week

3.

LULAC of El Paso Day (Hispanic Heritage Month)

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

1.

APPROVAL OF MINUTES:

Approval of Minutes for the Regular City Council Meeting of September 16, 2014, and the Special City Council Meeting of September 15, 2014.

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

(Attachment)

(Attachment)

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

3.

RESOLUTIONS:

3.1.

That the temporary sale and service of alcoholic beverages by Drag-In, LLC and Mercado Negro, LLC d/b/a Black Market, in the closed portions of City rights-of-way on East Franklin Avenue between North Santa Fe Street and North Oregon Street, and North El Paso Street between East Franklin Avenue and West Main Drive from 5:00 p.m. Saturday, September 27, 2014 through 2:00 a.m. Sunday, September 28, 2014 is a permissible activity in conjunction with Trapfest; and that Drag-In, LLC and Mercado Negro, LLC d/b/a Black Market be authorized to use Cleveland Square Park from 1:00 a.m. to 2:00 a.m. Sunday, September 28, 2014 for the event, and from 2:00 am to 6:00 am for purposes of cleaning and restoring park to its original condition in accordance with City Code Section 13.24.040(E). CSEV14-00156

District 8

City Development, Elizabeth Gibson, (915) 212-1500

(Attachment)

3.2.

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

Districts 1, 2, 4, 6, 7 and 8

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

(Attachment)

3.3.

That the Mayor be authorized to sign an Interlocal Agreement by and between the City of El Paso and County of El Paso, Texas for funding of the Office of Emergency Management (OEM) from November 1, 2013 through October 31, 2014, subject to automatic renewal for four (4) additional one (1) year periods, whereby the County shall pay $94,249.99, which is 29% of the total costs and expenses for the OEM and the City shall resume 33.5% of the OEM costs and expenses, and the Emergency Management Program Grant shall cover the remaining 37.5% OEM costs and expenses.

All Districts

Fire, Samuel Peña, (915) 485-5605

Office of Emergency Management, Rafael Reyes, (915) 820-3263

(Attachment)

3.4.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso, Texas and the City of Sunland Park, New Mexico to provide mutual aid in emergency situations and conditions resulting from fire events and other catastrophic events to include but not be limited to flood, earthquake, tornado and windstorm requiring immediate fire and medical response, incidents involving weapons of mass destruction (including biological and chemical weapons), hazardous materials, medical emergencies and special rescue, that overwhelm the resources of the City of El Paso or the City of Sunland Park, and to provide joint training activities to prepare for such response, within the jurisdictional limits of either the City of El Paso, Texas or City of Sunland Park, New Mexico, subject to the discretion of the Fire Chief and in consultation with the City Manager.

All Districts

Fire, Samuel Peña, (915) 485-5605

Office of Emergency Management, Rafael Reyes, (915) 838-3263

(Attachment)

3.5.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso, Texas and the County of Dona Ana, New Mexico to provide mutual aid in emergency situations and conditions resulting from fire events and other catastrophic events to include but not be limited to flood, earthquake, tornado and windstorm requiring immediate fire and medical response, incidents involving weapons of mass destruction (including biological and chemical weapons), hazardous materials, medical emergencies, and special rescue, that overwhelm the resources of the City of El Paso or City of Dona Ana, and to provide joint training activities to prepare for such response, within the jurisdictional limits of either the City of El Paso, Texas or City of Dona Ana, New Mexico, subject to the discretion of the Fire Chief and in consultation with the City Manager.

All Districts

Fire, Samuel Peña, (915) 485-5605

Office of Emergency Management, Rafael Reyes, (915) 838-3263

(Attachment)

3.6.

That the City Council of the City of El Paso approve an amendment to the Fiscal Year 2014 Master Interlocal Agreement for the TJJD Grant “S” between the Municipal Court of the City of El Paso and the County of El Paso, on behalf of the El Paso County Juvenile Probation Department. The City of El Paso will be reimbursed for all expenses related to Grant “S”.   The amount awarded is $45,000.

All Districts

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

(Attachment)

3.7.

That the Mayor be authorized to sign a contract by and between the City of El Paso, and the City of San Elizario to join various other entities for whom the City acts as property tax assessor/collector.

All Districts

Tax, David Childs, (915) 212-1736

(Attachment)

4.

RESOLUTION / REQUESTS TO ISSUE PURCHASE ORDERS:

4.1.

That the Mayor be authorized to sign a Memorandum of Understanding (MOU) between the City of El Paso and the State of New Mexico, Department of Public Safety, for the exchange of fingerprint information through a connection between the respective Automated Fingerprint Identification System (AFIS) databases of the City through its Police Department and the New Mexico Department of Public Safety (NMDPS).

All Districts

Police, Michelle Gardner, (915) 564-7301

(Attachment)

4.2.

Request that the Director of the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order(s) to Safran Morpho Trak, Inc, the sole source provider of the A.F.I.S. latent search software, with the stipulation that the vendor provides an updated sole source letter and affidavit each year.

Department:                               Police

Award to:                                   Safran Morpho Trak, Inc.

                                                   Anaheim, CA

Total Estimated Award:             $56,510.00

Account No.:                              321 – 21270 – 580070 – 4342 – P5002320

Funding Source:                        Public Safety Equipment

District(s):                                  All

Sole Source No.:                       2015-155

This is a sole source, type contract.

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

All Districts

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

Police, Gregory Allen, (915) 564-7308

(Attachment)

4.3.

Request that the Director of the Purchasing & Strategic Sourcing Department be authorized to exercise the City’s option to purchase up to 100% of the original contract quantities under Contract No. 2014-321 (Animal Transport Vehicles) with Casa Ford, Inc. pursuant to the provisions of the solicitation and the award approved by the City Council on June 24, 2014.   

Department:                            General Services – Fleet Division

Award to:                                 Casa Ford, Inc.

                                                 El Paso, TX

Option:                                     One [of One]

Total Estimated Amount:         $485,046.45 (7 units)

Account No.:                           334-34030 – 580060 – 3150 – P3440

                                                  – PESD00150

Funding Source:                      Vehicular Equipment, Environmental Services –

                                                 Capital

District(s):                                All

This is a Best Value, unit price contract.

All Districts

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

General Services, Larry F. Nichols, (915) 212-8001

(Attachment)

4.4.

That the City Manager be authorized to sign Consent to Assignment of Contract from Wells Fargo Insurance Services of Texas, Inc./Wells Fargo Insurance Services USA, Inc. (“Assignor”) to USI Southwest, Inc. (“Assignee”) with respect to the City of El Paso’s Contract No. 2009-278R (Public Officials and Employment Practices Liability Insurance) and Contract No. 2011-033R (Property, Casualty, Boiler, and Machinery Insurance).

All Districts

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

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

(Attachment)

5.

BOARD APPOINTMENTS:

5.1.

Michael H. Bray, as a regular member, to the Building and Standards Commission by Representative Larry Romero.

Representative Larry Romero, (915) 212-0002

(Attachment)

6.

APPLICATIONS FOR TAX REFUNDS:

6.1.

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

All Districts

Tax, David Childs, (915) 212-1736

(Attachment)

7.

NOTICE FOR NOTATION:

7.1.

Accept the donation of $250.00 from TENET for ‘Summer Programs’ scheduled in District 7.

Representative Lily Limón, (915) 212-0007

REGULAR AGENDA - INTRODUCTIONS

8.

INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER:

Public comment typically is not taken during the introduction 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.

8.1.

An Ordinance vacating a portion of Cliff Drive Right-of-Way and a portion of Golden Hill Terrace Right-of-Way, adjacent to Lot 1, Block 1, City View Subdivision, City of El Paso, El Paso County, Texas.

District  8

City Development, Alfredo Austin, (915) 212-1604

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 30, 2014

8.2.

An Ordinance amending Title 13 (Streets, Sidewalks and Public Places), Chapter 13.20 (Miscellaneous Street and Sidewalk Use Regulations), to add Section 13.20.120 (Sidewalk Waste Container Franchises) to provide for the granting and administration of sidewalk waste container franchises; the penalty as provided in Chapter 1.08 of the City Code.

All Districts

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 30, 2014

8.3.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.150 (schedule XIV - Speed Limits) Paragraph F (Thirty-Five Miles per Hour), of the El Paso City Code, to add a new location on Ventana Avenue, the penalty being as provided in Chapter 1.08 (General Penalty) of the El Paso City Code.

District 5

Department of Transportation, Ted Marquez, (915) 212-7015

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 7, 2014

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

9.

ENGINEERING AND CONSTRUCTION MANAGEMENT:

9.1.

Discussion and action to award Solicitation No. 2014-523 for EPIA Reconstruct Runway 8L-26R, Taxiway 'U' & Taxiway 'V' and Construct New Parallel Taxiway & Connectors to Jordan Foster Construction, LLC, for an estimated total amount of $17,532,790.50.

Department:                         Engineering and Construction Management

Award to:                              Jordan Foster Construction, LLC

                                             El Paso, TX

Base Bid I:                            $ 14,868,909.90 (90% FAA/ 10% EPIA) 

Base Bid II:                           $      648,524.00 (100% El Paso Water Utilities)

Option 1:                              $   1,275,425.60 (90% FAA/ 10% EPIA)

Option 2:                              $     739,931.00 (90% FAA/ 10% EPIA) 

Total Estimated Award:       $17,532,790.50

Time for Completion:           330 Consecutive Calendar Days

Accounts:                             562-62330-580270-3080-G620AIP33

Funding Source:                  FAA Airport Improvement Program, EPIA

                                             Funds, El Paso Water Utilities 

District:                                 2

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.

This is a low bid, unit price contract. The Engineering & Construction Management Department recommends award as indicated to the lowest responsive and responsible bidder.

[POSTPONED FROM 09-09-2014]

District 2

Engineering & Construction Management, Irene D. Ramirez, (915) 212-1831

(Attachment)

9.2.

Discussion and action that the City Manager be authorized to sign an Agreement for Professional Services by and between the City of El Paso and Halff Associates, Inc., a Texas Corporation, for a project known as “Eastside Regional Park Master Plan” for an amount not to exceed Six Hundred Ninety Thousand and 00/100 Dollars ($690,000.00); and that the City Engineer be authorized to approve up to $50,000.00 in additional services, for a total contract amount not to exceed Seven Hundred Forty Thousand and 00/100 ($740,000.00); 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 execution of this agreement.

District 5

Engineering and Construction Management, Irene D. Ramirez, (915) 212-1831

(Attachment)

10.

PURCHASING AND STRATEGIC SOURCING:

10.1.

Discussion and action on a request that the Director for the Purchasing & Strategic Sourcing Department be authorized to issue a Purchase Order(s) to G4S Secure Solutions (USA), Inc., G4S Secure Solutions (USA), Inc a contractor under GSA Federal Acquisition Service, GS-07F-0382K (Total Solutions for Law Enforcement, Security, Facilities Management, Fire, Rescue, Clothing, Marine Craft and Emergency/Disaster Response) for Prisoner Services.  The City has made the determination that purchasing from this cooperative offers the most cost-effective pricing.

Department:                               Police

Award to:                                   G4S Secure Solutions, Inc.

                                                   Albuquerque, NM

Annual Estimated Amount:        $1,398,546.10

Total Estimated Award:             $1,398,546.10 (1 year)

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

Funding Source:                        Business and Finance

District(s):                                  All

Reference No.:                          2015-120

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.

All Districts

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

Police, Gregory Allen, (915) 564-7308

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS

11.

CITY DEVELOPMENT:

11.1.

An Ordinance amending Title 20 (Zoning), Chapter 20.18 (Sign Regulations), Article III (Billboard Regulations), Section 20.18.270 (Relocation of certain billboards for a City Public Works Project or City or State Roadway Improvement Project) to amend the existing provisions in their entirety to allow for the relocation of existing nonconforming billboards. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. [POSTPONED FROM 08-12-2014, 09-02-2014 AND 09-09-2014]

All Districts

City Development, Alex Hoffman, (915) 212-1566

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

12.

INTERNATIONAL BRIDGES:

12.1.

Discussion and action that the City Manager provide written notification to renew the Section 560 Annex between the City and U.S. Customs and Border Protection (CBP) for an additional one year term to begin on October 1, 2014 and terminate on September 30, 2015 to allow for the reimbursement of additional CBP staffing hours to reduce wait times at the City's ports of entry.

Districts 6 and 8

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

(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.

Section 551.071            CONSULTATION WITH ATTORNEY

Section 551.072            DELIBERATION 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

EX1.

Fernando Armendariz vs. City of El Paso, Texas, Cause No. 2005-3353; Matter No. 11-1005-026  (551.071)

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

EX2.

Economic incentives for a metal service center to locate to El Paso. (551.087)

Economic Development, Cary Westin, (915) 212-0094

EX3.

Weidner, Inc. and MFR Performance Solutions, LP v. City of El Paso, Cause No. 3:13-CV-405-KC, our File No. 13-1056-011.001 (551.071)

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

EX4.

Collective Bargaining with El Paso Fire Department (551.071)

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

ADJOURN

NOTICE TO THE PUBLIC:

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

Hearing Assistance Devices are available upon request.

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

http://www.elpasotexas.gov/