City Council

Dee Margo

Peter Svarzbein, District 1

Mayor

Alexsandra Annello, District 2

Cassandra Hernandez, District 3

Sam Morgan, District 4

Tommy Gonzalez

Michiel R. Noe, District 5

City Manager

Claudia Ordaz Perez, District 6

Henry Rivera, District 7

Cissy  Lizarraga, District 8

October 2, 2018

COUNCIL CHAMBERS, CITY HALL

9:00 AM

AND

AGENDA REVIEW MEETING

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

                                                            October 1, 2018  

9:00 AM

ROLL CALL

INVOCATION BY PASTOR LUIS DIAZ AND CO-PASTOR ADRIANA MARTINEZ , EL PASO PALABRA VIVA

PLEDGE OF ALLEGIANCE

Hart Elementary Soccer and Reading Club members, at the invitation of District 8 Representative Cissy Lizarraga

Jaquelin Garcia Ramos

Zuley Lovato

Amy Acevedo

Jonathan Zamora

Angel Ochoa

MAYOR’S PROCLAMATIONS

1.

National Night Out

2.

Disease Intervention Specialist Day

3.

“Home + Away” Stars from Bowie High School Day

4.

Community Planning Month

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 for the Regular City Council Meeting of September 18, 2018 and Agenda Review of September 17, 2018.

All Districts

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

(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 Event Support Contract between the City and Aviation Media Ltd. in order for the City to host the 5th Annual SMART Airports and Regions Conference and Exhibition, July 22-24, 2019. Approximately 500 - 600 people from around the world will be attending.

All Districts

Destination El Paso, Bryan Crowe, (915) 534-0608

(Attachment)

4.

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

4.1.

That the City Council of the City of El Paso approve an amendment to the Fiscal Year 2018 Texas Juvenile Justice Division (TJJD) Grant “S” (Prevention and Intervention grant) 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 amendment is to reduce the Grant amount from $48,000.00 to $38,983.00 and for the reallocation of funds that were redistributed to other Grant “S” recipients by the Juvenile Probation Department. The unused funds were redistributed to other Grant “S” recipients. The City did not have to cover any additional expenses associated with Grant “S” expenses.

All Districts

Municipal Court, Lilia Worrell, (915) 212-5822

Municipal Court, Annabelle Casas, (915) 212-5205

(Attachment)

4.2.

That the City Council of the City of El Paso approve a renewal for the Fiscal Year 2019 for the Texas Juvenile Justice Department Grant “S” (Prevention and Intervention grant) 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 Municipal Court will work with juveniles and families, who are court ordered into the Juvenile Case Management Program.  The City of El Paso will be reimbursed for all expenses related to Grant “S”. This will be the eighth year of the grant; the original was awarded in 2012. The amount awarded is $47,450.00

All Districts

Municipal Court, Lilia Worrell, (915) 212-5822

Municipal Court, Annabelle Casas, (915) 212-5205

(Attachment)

4.3.

That the Purchasing Director is authorized to notify AD Wrecker Service, Inc., Extreme Towing, Julio Cesar Huerta dba Extreme Recovery and Towing, Vehicle Transportation LTD LLP dba El Paso Towing, Sohle Express Towing, Inc., Best Wrecker & Towing, Inc., Kamel Towing, Raul Fernandez Jr., dba Dependable Towing, and 3H Towing, LLC that the City is terminating Contract No. 2017-1150 for Police Ordered and Non-Consent Towing of Motor Vehicles pursuant to the provisions and requirements of Paragraph 8A of the Contract Clauses, Termination for Convenience and that the termination shall be effective as of October 2, 2018.

All Districts

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

Police Department, Chief Gregory Allen, (915) 212-4305

(Attachment)

4.4.

That the City Manager be authorized to sign Contract No. 2018-1148R Stress Management for the Police Department between the City of El Paso (“City”) and Integrity Employee Assistance, Inc., dba WellConnect for stress management services for Police Department employees for a three (3) year term from the effective date and one (1) option to extend for two (2) years under the same terms to be exercised by the City Manager or designee, for an estimated total cost of $143,880.00 for the first term and an estimated total cost of $239,800.00 including the option to extend; and that service provider is to be paid based on the services performed.

Contract Variance:

The difference in cost, based on the comparison to the annual usage from previous contract, is as follows: Annual increase for three (3) items under this contract by $1,040.00. Two items remained at same cost and there is an annual saving for one (1) item of $100.00.

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

Police Department, Chief Gregory Allen, (915) 212-4305

(Attachment)

4.5.

That the City Manager be authorized to sign an agreement for physical exams, drug screening, and drug and alcohol testing services for the City’s Police Department between the City of El Paso (“City”) and El Paso Healthcare System, LTD, dba Las Palmas Del Sol Healthcare (Solicitation 2018-1665R) for a contract term of three (3) years from the date this Agreement is approved by the City Council, with one (1) option to extend for two (2) additional years, for a total amount of $194,940.90 for the initial term and  $324,901.50 including the option to extend; and that service provider is to be paid based on the services performed.  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.

In accordance with this award, the City Manager or designee is authorized to exercise future options if needed.

CONTRACT VARIANCE:

The difference in cost, based on the comparison to the annual usage from previous contract increased by $37,935.00. The number for pre-employment physical exams and drug testing increased, however the cost per exam decreased by 3.65%.

All Districts

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

Police Department, Chief Gregory Allen, (915) 212-4305

(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 Council declares that the expenditure of District 2 discretionary funds in an amount not to exceed $2,500.00 to support the Parks and Recreation Department for the cost of purchasing disc golf equipment for the Nations Tobin Park serves the municipal purpose of providing and enhancing recreational City spaces for recreational activities, which benefits the community and is authorized.

District 2

Representative Alexsandra Annello, (915) 212-0002

(Attachment)

7.

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

7.1.

That the Mayor is authorized to sign a First Amendment to the Interlocal Agreement between the City of El Paso (“City”) and the County of El Paso (“County”) to replace the form in Appendix “A” of the Agreement, which are the annual notices to property owners who participate in the County‘s Property Assessed Clean Energy Program (“PACE”) regarding the upcoming assessments under the PACE Program, which are sent along with the annual tax bills that the City’s Tax Assessor-Collector sends to tax payers through the City’s duties under the Amended and Restated Contract for Consolidated Tax Collection Agreement.

All Districts

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

(Attachment)

7.2.

Resolution to approve that $2,616 from District 1 and $1,500 from District 8 discretionary funds be allocated to the Planning and Inspections Department for the purpose of reimbursing the department for the costs incurred under the Services Agreement for public outreach related to the Streetcar Corridor Plan. Further, the City Manager is authorized to sign all documents and make all budget allocations necessary to accomplish the intent of this Resolution.

All Districts

Representative Peter Svarzbein, (915) 212-1002

Representative Cissy Lizarraga, (915) 212-0008

(Attachment)

8.

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

8.1.

That the City Engineer is authorized to approve a Change Order to the Dyer Corridor RTS project, Contract No. 2016-832 with Jordan Foster Construction, LLC., in the amount of ONE HUNDRED THIRTY THREE THOUSAND FIVE HUNDRED SIXTY AND 00/100 DOLLARS ($133,560.00) for the additional cost related to the construction of custom cabinet enclosures for all communication equipment, and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers.

Districts 2,4, and 8

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

(Attachment)

(Attachment)

9.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

9.1.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the City of San Elizario, Texas ("City of San Elizario") for the period of September 1, 2018 through August 31, 2019, for the provision of public health and environmental services by the City of El Paso to the City of San Elizario, for which the City of San Elizario shall pay the City of El Paso an annual amount of EIGHTY THREE THOUSAND THREE HUNDRED FIFTY SEVEN DOLLARS AND NO/100 ($83,357.00).

All Districts

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

(Attachment)

9.2.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso (the "City) and the University of Texas Health Science Center at Houston ("UTHSC-H"), for the period of October 2, 2018 through October 31, 2019, regarding a project through which UTHSC-H researchers shall conduct health research and make recommendations for policy and programs to improve the health status of underserved populations in El Paso, and for which the City shall pay UTHSC-H an amount not to exceed $120,000.00 with funding from the Texas Healthcare and Quality Improvement Program 1115 Demonstration Waiver Program to support Medicaid Waiver projects.

All Districts

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

(Attachment)

9.3.

A Resolution to authorize the City Manager or designee to request grant funding for up to $36,000.00 under the Rio Grande Council of Governments, Request for Applications of the Regional Solid Waste Grants Program. (Illegal dumpsite cleanup)

All Districts

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

(Attachment)

9.4.

A Resolution to authorize the City Manager or designee to request grant funding for up to $36,000.00 under the Rio Grande Council of Governments, Request for Applications of the Regional Solid Waste Grants Program. (Scrap tire disposal)

All Districts

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

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

10.

Goal 3: Promote the Visual Image of El Paso

10.1.

Robert Palacios to the Historic Landmark Commission by Representative Cassandra Hernandez, District 3.

Representative Cassandra Hernandez, (915) 212-0003

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

11.

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

11.1.

Austin Allen to the Uptown Parking Benefit District Advisory Committee by Mayor Dee Margo.

Mayor Dee Margo, (915) 212-0021

(Attachment)

12.

Goal 3: Promote the Visual Image of El Paso

12.1.

Rebecca Escamilla to the Open Space Advisory Board by Representative Sam Morgan, District 4.

Representative Sam Morgan, (915) 212-0004

(Attachment)

13.

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

13.1.

Richard Teschner to the Bicycle Advisory Committee  by Representative Sam Morgan, District 4.

Representative Sam Morgan, (915) 212-0004

(Attachment)

14.

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

14.1.

Marcia Heller to the Zoning Board of Adjustment by Representative Sam Morgan, District 4.

Representative Sam Morgan, (915) 212-0004

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

15.

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

15.1.

That the tax refunds listed on the attachment posted with this agenda be approved.  This action would allow us to comply with state law which requires approval by the legislative body, of refunds of tax overpayments, greater than $2,500.00.  (See Attachment B).

All Districts

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

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

16.

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

16.1.

For Notation Only: The Office of District 7 has used discretionary funds in the amount not to exceed $500.00 to procure Fatal Vision Goggles for the Pebble Hills Regional Command. The purchase of the “goggles” will serve the municipal purpose of providing Officers the proper equipment during presentations to the public when demonstrating alcohol impairment simulation and the dangers of Driving While Intoxicated.

Representative Henry Rivera, (915) 212-0007

(Attachment)

16.2.

For Notation Only: The Office of District 7 has used discretionary funds in the amount not to exceed $900.00 to procure 2 Smart TV’s for the Happiness Senior Center. The purchase of the 2 Smart TVs will serve the municipal purpose of providing seniors a better quality of life at the center.

Representative Henry Rivera, (915) 212-0007

(Attachment)

16.3.

For Notation Purposes: Accept the donations of $500.00 from El Paso Electric, $500.00 from OneGas, $500.00 from Jobe Materials and $500.00 from Union Pacific for Disc Golf at Nations Tobin Park.

Representative Alexsandra Annello, (915) 212-0002

CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS:

17.

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

17.1.

For notation pursuant to Section 2.92.110 of the City Code: Receipt of  campaign contributions by Representative Ordaz Perez from: Fredrick Francis: $2,500.00; Stanley Jobe: $1,000.00; Mary Eileen Karlshuer: $500.00; Robert L Bowling IV: $2500.00; Bill Burton: $100.00; Joshua Hunt: $500.00; Donald R. and Adair Margo: $1,000.00; Richard Aguilar: $2,500.00; Miguel Fernandez: $1,000.00; Alan Russell: $250.00; Donald Margo: $500.00; Douglas Schwartz: $1,000.00; Steward Meyers: $1,000.00; Lane Gaddy: $1,000.00; Woody Hunt: $2,500.00

Representative Ordaz Perez, (915) 212-0006

17.2.

For notation pursuant to Section 2.92.110 of the City Code: receipt of campaign contribution in kind to Representative Cissy Lizarraga in the amount of $1,500.00 from Woody L. Hunt

Representative Cissy Lizarraga, (915) 212-0008

CONSENT AGENDA - BEST VALUE PROCUREMENTS:

18.

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

18.1.

The award of Solicitation No. 2018-1466 (Hydraulic Cylinder Repack-Rebuild; Hydraulic System Component Repair and Refuse Body Repair) (Re-Bid) to Integrated Mechanics, LLC for a three (3) year term estimated award of $375,000.00.  The approval of this contract would allow for the repair of City vehicles equipped with hydraulic systems and components that must be maintained and/or repaired as necessary for optimal and safe operation.

CONTRACT VARIANCE:

There was no increase from the previous contract which was awarded on May 13, 2014. 

Department:                            Streets and Maintenance

Award to:                                 Integrated Mechanics, LLC

                                                            El Paso, TX

Item(s):                                    All

Initial Term:                             3 years

Option to Extend:                    None

Annual Estimated Award:       $125,000.00

Initial Term Estimated Award:            $375,000.00 (3 years)

Total Estimated Award:          $375,000.00 (3 years)

Account No.:                           532-37020-531250-3600-P3711

                                               532-37020-531210-3600-P3701

Funding Source:                     Equipment Outside Repair Services

                                                Inventory Purchases Materials and Supplies

District(s):                                All

This is a Best Value contract.

All Districts

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

Streets and Maintenance, Richard J. Bristol, (915) 212-7000

(Attachment)

(Attachment)

19.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

19.1.

The award of Solicitation No. 2018-1597 Laboratory Services for Air Quality to B&A Laboratories, Inc. DBA Xenco Laboratories for an initial three (3) year term estimated award of $108,000.00.  The award is to include a two (2) year optional amount of $72,000.00 for a total five (5) year award of $180,000.00.  Laboratory Services for Air Quality sampling will provide the ability for Environmental Services to meet contractual requirements per Texas Commission on Environmental Quality (TCEQ) air quality grants.

CONTRACT VARIANCE PREVIOUS CONTRACT:

Previous Contract was awarded in 2014.  The difference in cost, based on the comparison of quantities of annual lab analysis, is as follows:

Item 1:  A decrease of 450 estimated quantities of lab analysis for Oxygenates, and a decrease of $5.00 per unit rate for a total decrease amount of $35,250.00.

Item 2:  A decrease of 350 estimated quantities of lab analysis for the Reid Vapor Pressure for a total decrease amount of $17,500.00.

Department:                                                    Environmental Services

Award to:                                                         B&A Laboratories Inc., DBA                                                                           Xenco Laboratories

                                                                         Stafford, TX

Item(s):                                                             All

Initial Term:                                                      3 Years

Option to Extend:                                            2 Years

Annual Estimated Award:                               $36,000.00

Initial Term Estimated Award:                                    $108,000.00 (3 Years)

Total Estimated Award:                                   $180,000.00 (5 Years)

Account No.:                                                   334-34030-522150-2305-P3416

Funding Source:                                             Fee Environmental

District(s):                                                        All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing Department and Environmental Services Department recommend award as indicated to B&A Laboratories Inc., DBA Xenco Laboratories, the bidder offering the best value bid. In accordance with this award the City Manager or designee is authorized to exercise future options if needed.

All Districts

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

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

(Attachment)

CONSENT AGENDA - BIDS:

20.

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

20.1.

That the Director of Purchasing and Strategic Sourcing be authorized to issue a Purchase Order to Francisco Corral dba Eagle Janitorial Services referencing Contract 2013-258 Janitorial Services Police Department Facilities. This change order is to increase the contract by $179,104.50 for a total amount not to exceed $1,784,749.50.  The change order will cover expenses from October 7, 2018 to April 6, 2019. This service allows continued janitorial services for Police Department Facilities.

Department:                                        Streets and Maintenance

Award to:                                             Francisco Corral dba Eagle Janitorial Services

                                                         El Paso, Texas              

Total Estimated Amount:                    $179,104.50

Account No.:                                       532 – 31040 – 522060 – 1000 – P3120

Funding Source:                                 General Fund – Maintenance Services                                                             Contracts - Janitorial

District(s):                                            All

This is a change order for a Best Value, service contract.

All Districts

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

Streets and Maintenance, Richard Bristol, (915) 212-7000

(Attachment)

(Attachment)

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.

21.

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

21.1.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.44 (Stopping, Standing and Parking Generally), Section 12.44.170 (Parking on City-Owned Property), of the El Paso City Code, to add a parking fee exemption for surviving spouses of disabled veterans with identified registered license plates at the El Paso International Airport; the penalty being as provided in Chapter 12.84 of the El Paso City Code.

District 2

Airport, Monica Lombraña, (915) 212-7301

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 16, 2018

22.

Goal 3: Promote the Visual Image of El Paso:

22.1.

An Ordinance changing the zoning of A portion of Tracts 17B & 17C, Section 8, Block 79, Township 3 of the Texas and Pacific Railway Company Surveys, North of Vista del Sol Drive & West of Joe Battle Blvd., City of El Paso, El Paso County Texas from R-3 (Residential) to C-1 (Commercial). The Penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: North of Vista del Sol Drive & West of Joe Battle Blvd. Owner: Yolanda S. Nevarez & Hector Nevarez PZRZ18-00015

District 6

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 30, 2018

22.2.

An Ordinance changing the zoning of a portion of Tracts 1C and 17, Section 34, Block 79, Township 2, Texas and Pacific Railway Company Surveys, City of El Paso, El Paso County, Texas from S-D (Special Development) to R-5 (Residential). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: South of Montana Avenue and West of Rich Beem Boulevard. Property Owner: City of El Paso. PZRZ18-00038

District 5

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 30, 2018

23.

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

23.1.

An Ordinance amending Ordinance No. 017880 authorizing the City Manager to sign Second Amendment to Ballpark Lease by and between the City of El Paso as lessor and Mountain Star Sports Group, LLC – El Paso Baseball Club Series and Mountain Star Sports Group, LLC as tenant covering Lots 1 through 10 and Lots 11 through 40, and a portion of the t-alley Block B, Stevens Addition and a portion of Block 28 and 48, Mills Map Addition and a portion of Franklin Street, El Paso, El Paso County, Texas, containing 4.8274 acres of land more or less; a portion of Lots 30 through 42, Block C, Stevens Addition, El Paso, El Paso County, Texas containing 0.9521 acres of land more or less; and a portion of the Union Pacific Company right of way out of Blocks 28 and 48, Mills Map Addition, El Paso, El Paso County, Texas containing 0.1994 acres of land more or less (“City Hall Site”).

District 8

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

(Attachment)

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 16, 2018

24.

MANAGEMENT UPDATES

24.1.

Capital project year in review report for FY2018 and preview for FY2019.

All Districts

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

(Attachment)

(Attachment)

24.2.

Presentation and updates by Economic and International Development Department on downtown revitalization efforts.

District 8

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

Economic and International Development, Paola A. Gallegos, (915) 212-1623

(Attachment)

(Attachment)

24.3.

Streetcar Transition Update

Districts 1 and 8

Sun Metro, Jay Banasiak, (915) 212-3301

(Attachment)

(Attachment)

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 – OTHER BIDS, CONTRACTS, PROCUREMENTS

25.

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

25.1.

Discussion and action to award Solicitation 2018-1690 Residential and Commercial Demolition to JMR Demolition, Ltd. for an estimated total award of $577,600.00. This contract will facilitate the demolition of residential and commercial properties identified by the Building and Standards Commission that have been deemed dangerous and other capital project needs.

Department:                            Planning and Inspections

Award to:                     JMR Demolition, Ltd

                                    El Paso, TX

Item(s):                            All

Initial Term:                 3 years

Base Bid:                                 $577,600.00

Total Estimated Award:          $577,600.00

Account No.:                           Various

Funding Source:              Various

District(s):                    All

This is a Low bid, unit price contract.

The Purchasing and Strategic Sourcing and Planning and Inspections Departments recommend award as indicated to JMR Demolition, Ltd. the lowest responsive, responsible bidder and that Spartan Construction of Texas to be deemed non-responsive due to failure to provide a bid bond in the form provided in the solicitation.

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

Planning and Inspections, Philip F. Etiwe, (915) 212-0085

(Attachment)

(Attachment)

26.

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

26.1.

Discussion and action on the award of Solicitation No. 2018-827 University Avenue Pedestrian and Bicycle Enhancements to TAO INDUSTRIES, INC. dba Hawk Construction for a total estimated award of $1,108,971.47.  This project consists of the complete reconstruction of University Avenue from Oregon Street to Stanton Street. Work includes demolition of existing roadway and pedestrian elements, installation of new curb and gutter, 8’ wide concrete sidewalks, curb ramps, driveways landscaping (with irrigation), pedestrian illumination, signage and pavement markings; new HMAC pavement with subgrade preparation  (CRCP at intersections) and stamped concrete cross-walks.

Department:                            Capital Improvement

Award to:                               TAO Industries Inc., dba HAWK Construction

                                                Horizon, TX

Item(s):                                  All

Term:                                      126 Standard Workweek Days

Total Award:                           $1,108,971.47

Account No.:                          190 – 4950– 38170 - 580270 – PCP17TRAN01

Funding Source:                    Federal Highway Administration (FHWA) and                                                 Certificates of Obligation

District(s):                               1

This is a Low Bid, unit price contract.

The Purchasing and Strategic Sourcing and Capital Improvement Departments recommend award as indicated to TAO INDUSTRIES, INC. dba Hawk Construction, the lowest responsive, responsible bidder and that Black Stallion Contractors Inc. and Mirador Enterprises, Inc., be deemed non responsive based on General Conditions 2L Section 2 – Bidders on this project must be prequalified through TxDOT.

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 part of this award, upon the review of the City Attorney, the City Engineer may without further authorization from City Council approve contract change orders necessary for proper contract administration in accordance with Texas Department of Transportation (TXDOT) requirements which do not revise the estimated award and change orders that are in accordance with applicable law.

District 1

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

Capital Improvement, Sam Rodriguez, (915) 212-1808

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

27.

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

27.1.

An Ordinance of the City Council of the City of El Paso, Texas, designating a noncontiguous geographic area within the City as a reinvestment zone pursuant to Chapter 311 of the Texas Tax Code, to be known as Reinvestment Zone Number Thirteen, City of El Paso; describing the boundaries of the Zone; creating a board of directors for the Zone, establishing a tax increment fund for the zone; containing findings related to the creation of the Zone; providing a date for the termination of the Zone; providing that the Zone take effect immediately upon passage of the ordinance; providing a severability clause; and providing an effective date.

District 4

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

Economic and International Development, Elizabeth Triggs (915) 212-1619

(Attachment)

(Attachment)

28.

Goal 3: Promote the Visual Image of El Paso

28.1.

An Ordinance changing the zoning of Tract 38, S.A & M.G. Railway Company Survey No. 267, 259 Hillview Ave, City of El Paso, El Paso County, Texas  from R-4 (Residential) to A-2 (Apartment), and imposing a condition. The penalty provided for in Chapter 20.24 of the El Paso City Code. 259 Hillview Ave., Owner: Felix A. Martinez  PZRZ18-00010

District 1

Planning and Inspections, Alex P. Hoffman, (915) 212-1566

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

(Attachment)

(Attachment)

28.2.

An Ordinance changing the zoning of Tract 4A, Section 36, Block 80, Township 2, Texas and Pacific Railway Company Surveys, 6305 Montana Ave., City of El Paso, El Paso County, Texas from A-1 (Apartment) to C-4 (Commercial). The penalty provided for in Chapter 20.24 of the El Paso City Code. 6305 Montana Ave. Owner: MLOUHI Organization LP. PZRZ18-00027

District 3

Planning and Inspections, Alex P. Hoffman, (915) 212-1566

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

(Attachment)

(Attachment)

28.3.

An Ordinance changing the zoning of all of Lots 16 & 17-19, Block 14, Womble Addition, 810 Pine Place, 5801 and 5825 Stephenson Avenue, City of El Paso, El Paso County, Texas from R-5 (Residential) 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: 810 Pine Place, 5801 & 5825 Stephenson Avenue. Property Owner: Jorge Valenzuela. PZRZ18-00028

District 3

Planning and Inspections, Alex Hoffman, (915) 212-1566

Planning and Inspections, Andrew Salloum, (915) 212-1603

(Attachment)

(Attachment)

28.4.

An Ordinance changing the zoning of Lot 29, Block 7, Ventanas Unit 1, City of El Paso, El Paso County, Texas, from A-O (Apartment-Office) to G-MU (General Mixed-Use) and approving a Master Zoning Plan. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: Southeast Corner of Tierra Este and Ventana. Property Owner: Ventanas Place LP. PZRZ18-00017

District 5

Planning and Inspections, Alex Hoffman, (915) 212-1566

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

(Attachment)

(Attachment)

28.5.

An Ordinance changing the zoning of a portion of Lot 5, all of Lot 6, and a portion of Lot 7, Block 43, Harts Survey No. 9, a portion of Lot 3, and all of Lot 4, and a portion of Lot 5, Block 43, Harts Survey No. 9, and all of Lots 1 and 2, and  a portion of Lot 3, Block 43, Harts Survey No. 9, 311 Montana Avenue, and a portion of Lot 17, and all of Lot 18, and all of Lots 19 and 20, Block 43, Harts Survey No. 9, 307 Stanton Street/906 Montana Avenue, City of El Paso, El Paso County, Texas from C-2/c (Commercial/condition) and C-4 (Commercial) to G-MU/c (General Mixed Use/condition), approving a Master Zoning Plan and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 311 Montana Avenue and 307 Stanton Street/906 Montana Avenue. Property Owners: Brixwood LLC, Respco LLC, and Jarrett Ouelette. PZRZ18-00024

District 8

Planning and Inspections, Alex Hoffman, (915) 212-1566

Planning and Inspections, Morgan Hester,  (915) 212-1518

(Attachment)

(Attachment)

28.6.

An Ordinance releasing all conditions placed on property by special contract approved on September 22, 2015 which were imposed in the change of zoning of a portion of Lots 5 and 6 and a portion of Lots 4 and 7, Block 43, Hart’s Survey No. 9, City of El Paso, El Paso County, Texas. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 311 Montana Avenue. Property Owners: Brixwood LLC, Respco LLC, and Jarrett Ouelette. PZCR18-00003

District 8

Planning and Inspections, Alex Hoffman, (915) 212-1566

Planning and Inspections, Morgan Hester, (915) 212-1518

(Attachment)

(Attachment)

28.7.

An Ordinance granting a non-exclusive franchise to El Paso Bench Ads, LLC to place waste containers on sidewalks and other City property.

All Districts

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

(Attachment)

28.8.

An Ordinance vacating a 0.119 acre portion of Block 17, Hart’s Survey No. 9 (sometimes referred to as Block 248, Campbell’s Addition), El Paso, El Paso County, Texas. Subject Property: South of Wyoming and West of Mesa; Applicant: WestStar Tower, LLC; SURW18-00002

District 8

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

Planning and Inspections, Vanessa Munoz, (915) 212-1644

(Attachment)

(Attachment)

29.

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

29.1.

An Ordinance amending Ordinance 8064 (Classification and Compensation Plan) to amend Section 4.5 (Observed Holidays) to add Veteran’s Day.

All Districts

Human Resources, Linda Ball Thomas, (915) 212-1260

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

30.

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

30.1.

Discussion and action that the City of El Paso Guidelines and Criteria for Tax Abatement Assistance be renewed as the City of El Paso tax abatement policy and to extend the date of this policy to September 30, 2020.

All Districts

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

Economic and International Development, Paola A. Gallegos, (915) 212-1623

(Attachment)

(Attachment)

30.2.

Discussion and action that the City Manager be authorized to sign the Third Amendment to the Northgate Transit Oriented Development Agreement, between THE CITY OF EL PASO, TEXAS, a Texas home rule municipal corporation; HUNT METRO 31, LLC, a Delaware limited liability company; and THE EL PASO WATER UTILITIES – PUBLIC SERVICE BOARD, a component unit of the City of El Paso, originally approved by the City on December 2, 2014, with a First Amendment on February 4, 2015; and a Second Amendment on April 18, 2017.  The Third Amendment to the Northgate Transit Oriented Development Agreement revises purchase option provisions to facilitate a shorter closing period; revises the acreage that may be purchased pursuant to such purchase option; revises the option purchase price in connection therewith; and delegates authority to the City Manager, in consultation with the Mayor and approval by the City Attorney, the authority to sign those modifications or amendments executed in writing that concern the acreage size of component blocks and corresponding values for the component blocks so long as such changes are necessary to accommodate Smart Code Zoning and any adjustments do not exceed twenty-five percent (25%) of the current dimensions or values.

District 4

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

Economic and International Development, Rafael Arellano, (915) 212-1616

(Attachment)

(Attachment)

30.3.

Discussion and action that the City Manager be authorized to sign a Grant Agreement between the City of El Paso and Project ARRIBA Advanced Retraining and Redevelopment Initiative in Border Areas, Inc. (“Grantee”), a 501(c)3 tax exempt, non-profit Texas corporation for the purpose of creating a permanent and sustainable source of local health care professionals, teachers and information technologists to address severe shortages in the City of El Paso.

All Districts

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

Economic and International Development, Rafael Arellano, (915) 212-1616

(Attachment)

(Attachment)

31.

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

31.1.

Discussion and action on a Resolution that the City Manager is hereby authorized to sign a Non-Exclusive Use and Maintenance Agreement between the City of El Paso and Mountain Star Sports Group, LLC for the non-exclusive use and maintenance of two (2) soccer fields, adjacent staging area and adjacent surface parking at the Westside Sports Complex, for a period not to exceed five (5) years.

District 1

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

(Attachment)

(Attachment)

31.2.

That the City Manager be authorized to sign an Agreement for Professional Services by and between the CITY OF EL PASO and Lyons Zaremba Associates, LLC., an Ohio Limited Liability Corporation, for a project known as “PENGUIN EXHIBIT AND LIFE SUPPORT SYSTEM” for an amount not to exceed FOUR HUNDRED NINETY TWO THOUSAND SEVEN HUNDRED TWENTY THREE AND 00/100 DOLLARS ($492,723.00); that the City Engineer is authorized to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if such services are necessary for the proper execution of the project and that the increased amounts are within the appropriate budgets of the project for a total amount of Five Hundred Ninety Two Thousand Seven Hundred Twenty Three and 00/100 Dollars ($592,723.00); 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 the Agreement.

District 8

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

Zoo, Steve Marshall, (915) 212-2800

(Attachment)

(Attachment)

32.

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

32.1.

Discussion and action on a Resolution for the creation of a Citizen Advisory Panel to assist with the recruitment and selection of the City Attorney.

All Districts

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

(Attachment)

32.2.

Discussion and action on the City Attorney recruitment.

All Districts

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

(Attachment)

33.

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

33.1.

Discussion and action on a Resolution authorizing the  City Manager to sign the Takeover Agreement between the City and Endurance American Insurance Company (“Surety”), for the Surety to complete the Robinson Street and Drainage Improvements 2016-753 project services through the Completion Contractor, Saab Site Contractors, LP., pursuant to the terms of Contract No. 2016-753 and the responsibilities of the Performance Bond.

District 1

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

(Attachment)

(Attachment)

34.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

34.1.

Presentation on status of activities of the Veterans Affairs Advisory Committee (VAAC). Current VAAC focus areas are veteran homelessness, veteran workforce development, and outreach/awareness.

All Districts

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

(Attachment)

(Attachment)

35.

MAYOR AND COUNCIL

35.1.

Discussion and action to approve a Resolution that our community and the communities of the Paso del Norte Region call on the federal government to adopt policies that advance hugs—through the reunification of immigrant families, the decriminalization of migration, the demilitarization of our border, and the facilitation of trade, commerce, and exchange—instead of walls.

Representative Alexsandra Annello, (915) 212-0002

Representative Cissy Lizarraga, (915) 212-0008

(Attachment)

35.2.

Discussion and action to direct the City Manager to remove all street lights on Mountain Laurel Drive.

Representative Sam Morgan, (915) 212-0004

(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.

City Attorney Recruitment. (551.071) (551.074)

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

EX2.

Legal issues regarding employment agreements and contract negotiations for Council-appointed employees (City Manager and City Attorney). (551.071)

Outside Counsel, Elaine Hengen, (915) 212-0033

EX3.

Economic Incentives for a Convention Center Hotel located in the City of El Paso. (17-1007-1895) (551.071) (551.072) (551.087)

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

EX4.

Economic Incentives for an Artisan and Artist Workspace and Gallery located in the City of El Paso. (18-1007-2269) (551.071) (551.087)

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

EX5.

Economic Incentives for a Commercial Retail Development located in the City of El Paso. (18-1007-2287) (551.071) (551.087)

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

EX6.

Economic Incentives for a Design and Manufacturing Company located in the City of El Paso. (18-1007-2291) (551.071) (551.087)

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

EX7.

Max Grossman v. City Clerk Laura D. Prine and Mayor Dee Margo, City Representative Peter Svarzbein, City Representative Michiel R. Noe, City Representative Sam Morgan, City Representative Cassandra Hernandez-Brown, City Representative Henry Rivera, City Representative Claudia Ordaz Perez, and City Representative Cissy Lizarraga; 171st District Court No. 2018DCV2172; Matter No. 18-1019-204 (551.071)

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

EX8.

In Re Max Grossman, Relator; Supreme Court of Texas; Cause No. 18-0774; Matter No. 18-1065-101 (551.071)

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

EX9.

Ex Parte: City of El Paso; Third Court of Appeals; Travis County, TX #03-17-00566-CV; Matter No. 17-1001-171.002 (551.071)

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

EX10.

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/