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

October 6, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

October 5, 2015

9:00 AM

ROLL CALL

INVOCATION BY TERRY SUNDAY, BOARD MEMBER WITH JOIN US FOR JUSTICE

PLEDGE OF ALLEGIANCE

Reds Sands Elementary

Kristopher Zapata

Natalie Hernandez

NOTICE TO THE PUBLIC

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

CONSENT AGENDA - APPROVAL OF MINUTES:

1.

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

1.1.

Approval of Minutes for the Regular City Council Meeting of September 29, 2015, and the Legislative Review Meeting of the Whole of September 28, 2015.

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

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

REQUEST TO EXCUSE COUNCIL MEMBERS:

CONSENT AGENDA - RESOLUTIONS:

3.

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

3.1.

That the Mayor be authorized to sign an Interlocal Agreement (the “Agreement”) between the City of El Paso, Texas (“the City) and the Ysleta del Sur Pueblo (“Pueblo”) to provide fire and emergency response during emergency conditions occurring within the City or the District, to expire on September 30, 2016, or as extended by the parties.

All Districts

Fire, Samuel Pena, (915) 485-5605

(Attachment)

3.2.

That the Mayor be authorized to sign an Interlocal Agreement (the “Agreement”) between the City of El Paso, Texas (“the City) and the El Paso County Emergency Services District No. 1 (“District”) to provide fire and emergency response during emergency conditions occurring within the City or the District, to expire on September 30, 2016, or as extended by the parties.

All Districts

Fire, Samuel Pena, (915) 485-5605

(Attachment)

3.3.

That the Mayor be authorized to sign an Interlocal Agreement (the “Agreement”) between the City of El Paso, Texas (“the City) and the El Paso County Emergency Services District No. 2 (“District”) to provide fire and emergency response during emergency conditions occurring within the City or the District, to expire on September 30, 2016, or as extended by the parties.

All Districts

Fire, Samuel Pena, (915) 485-5605

(Attachment)

4.

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

4.1.

That the Mayor be authorized to sign the fifth amendment to the Interlocal Agreement between the City of El Paso and the El Paso Downtown Management District ("DMD") for the period October 6, 2015 through December 4, 2015, for the purpose of implementing activities to preserve, maintain, and enhance the economic health and vitality of the downtown El Paso area through public outreach development, downtown marketing services, and supplemental sanitation services, with the governmental purpose of stimulating commercial development and business activity in the downtown area.

District 8

City Manager's Office - Quality of Life, Bryan Crowe, (915) 534-0608

(Attachment)

4.2.

That the City Manager be authorized to sign an Agreement for Professional Services by and between the CITY OF EL PASO and MNK ARCHITECTS, INC., a Texas Corporation, to provide consulting services for a project known as “AFRICAN WETLANDS RED RIVER HOG’’, for an amount not to exceed Seventy Thousand Two Hundred Ninety One Dollars and 50/100 DOLLARS ($70,291.50); 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. Funding source is PCP13ZOOA01, Quality of Life 2012.

All Districts

Capital Improvement, Monica Lombrana, (915) 212-1831

Zoo, Steve Marshall, (915) 212-2800

(Attachment)

5.

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

5.1.

That the City finds that Ferdinand L. Brislawn 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 $2,333.21 is approved.

All Districts

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

(Attachment)

5.2.

That the City finds that Guillermo Gandara, Jr. 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 $188.96 is approved.

All Districts

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

(Attachment)

5.3.

That the City finds that Guillermo Gandara, Jr. 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 $395.34 is approved.

All Districts

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

(Attachment)

5.4.

That the City finds that Guillermo Gandara, Jr. 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 $1,910.16 is approved.

All Districts

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

(Attachment)

5.5.

That the City finds that Guillermo Gandara, Jr. 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 $370.77 is approved.

All Districts

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

(Attachment)

6.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

6.1.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the City of Anthony, 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 City of Anthony, for which the City of Anthony shall pay to the City of El Paso an annual amount of THIRTY THOUSAND TWO HUNDRED FIFTY EIGHT AND 00/100 DOLLARS ($30,258.00).

All Districts

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

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

7.

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

7.1.

Lane Gaddy to the Tax Increment Reinvestment Zone Number 5 Board by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

7.2.

Noemi Tovar to the Tax Increment Reinvestment Zone Number 5 Board by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021 

(Attachment)

7.3.

Ricardo Fernandez to the Tax Increment Reinvestment Zone Number 5 Board by Mayor Oscar Leeser

Mayor Oscar Leeser, (915) 212-0021 

(Attachment)

8.

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

8.1.

Dan Longoria to the Museums and Cultural Affairs Advisory Board by Representative Cortney Niland, District 8.

Representative Cortney Niland, (915) 212-0037

(Attachment)

8.2.

Theresa Welch Fordham to the Parks and Recreation Advisory Board by Representative Michiel R. Noe, District 5.

Representative Michiel R. Noe, (915) 212-1021

(Attachment)

9.

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

9.1.

Carlos (Charlie) Gerard Madrid to the City Plan Commission by Representative Lily Limón, District 7.

Representative Lily Limón, (915) 212-1007

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

10.

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

10.1.

Stuart Schwartz to the Ethics Review Commission by Mayor Oscar Leeser.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

11.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

11.1.

Cecilia Carpio to the Animal Shelter Advisory Committee by Representative Lily Limón, District 7.

Representative Lily Limón, (915) 212-1007

(Attachment)

11.2.

Bobby Brannon to the Animal Shelter Advisory Committee by Representative Cortney Niland, District 8.

Representative Cortney Niland, (915) 212-0037

(Attachment)

MAYOR’S PROCLAMATIONS

1.

Human Resources Awareness Month

2.

Archtober Month

RECOGNITIONS

Ysleta Mission’s 335th Anniversary

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

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

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

REGULAR AGENDA - FIRST READING OF ORDINANCES

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

Public comment typically is not taken during the first reading of ordinances. Public comments are invited at the date of the scheduled public hearing. Public Hearings will be held as part of the regular City Council meeting that begins at approximately 8:00 a.m. All interested persons present shall have an opportunity to be heard at that time. After the public hearings, Council may also delay taking action on Ordinances; no requirement is made by Section 3.9B of the El Paso City Charter to publish any further notice. Copies of all Ordinances are available for review in the City Clerk’s office, 300 N. Campbell, Monday through Thursday, 7:00 a.m. to 6:00 p.m.

12.

Goal 3: Promote the Visual Image of El Paso:

12.1.

An Ordinance changing the zoning of Tract 28, O.A, Danielson Survey No. 310, City of El Paso, El Paso County, Texas from R-3 (Residential) to A-O/c (Apartment/Office/conditions), and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: West of Zaragoza Road and North of Physicians Drive. Property Owner: EDMAR Investment, LLC/Edgar Garcia. PZRZ15-00022

District 7

Planning and Inspections, Andrew Salloum, (915) 212-1613

Planning and Inspections, Larry Nichols, (915) 212-1550

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 27, 2015

12.2.

An Ordinance changing the zoning of Tract 17A & 17B, Block 29, Ysleta Grant & Tracts A & B & a portion of Tracts C & D, Henderson Subdivision, 8020 Alameda Avenue, City of El Paso, El Paso County, Texas from C-1 (Commercial) to C-3 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: 8020 Alameda Avenue.  Property Owner: Finn’s Real Estate Venture, LLC. PZRZ11-00055. THIS IS AN APPEAL CASE.

District 7

Planning and Inspections, Andrew Salloum, (915) 212-1613

Planning and Inspections, Larry Nichols, (915) 212-1550

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 27, 2015

REGULAR AGENDA - OTHER BUSINESS

13.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

13.1.

Presentation Update from Housing Authority of the City of El Paso (HACEP) on the Rental Assistance Demonstration (RAD) program.

All Districts

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

Gerry Cichon, HACEP, (915) 849-3702

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

14.

Goal 3: Promote the Visual Image of El Paso

14.1.

An Ordinance granting Special Permit No. PZST15-00021, to allow for Infill Development with reduced lot area, lot depth, and front yard setback on the property described as a portion of Lot 9, Block 2, River Valley Estates Replat A, 5905 Montoya 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 in Chapter 20.24 of the El Paso City Code. Subject Property: 5905 Montoya Drive. Property Owner: Maria C. Saenz Montoya and Jose C. Favela PZST15-00021

District 1

Planning and Inspections, Andrew Salloum, (915) 212-1613

Planning and Inspections, Arturo Rubio, (915) 212-1613

(Attachment)

14.2.

An Ordinance granting Special Permit No. PZST15-00023 to allow for infill development with a reduction in front, side, and side street yard setbacks, as well as a 50 percent parking reduction, on the property described as Blocks C and D, Bassett Addition, an addition to the City of El Paso, El Paso County, Texas, according to the plat thereof on file in Volume 5, Page 21, Real Property Records, El Paso County, Texas Plus the alley within said Block C and a portion of Overland Street lying between Blocks C and D vacated by Ordinance No. 242 filed May 2, 1940; Plus a 2.2 foot strip described in deed dated January 15, 1940 and filed in Volume 660, Page 297, Real Property Records of El Paso County, Texas: Save and Except a portion sold off to the City of El Paso in deed dated April19, 1949 filed in Volume 1129, Page 380, Real Property Records of El Paso County, Texas; plus Lots 3 and 4, Block 120, in the un-platted portion of Bassett Addition, North of Cypress Avenue and East of Eucalyptus, 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: North of Cypress Avenue and East of Eucalyptus Street. Property Owner: Housing Authority of the City of El Paso, Texas. PZST15-00023

District 8

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

(Attachment)

15.

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

15.1.

An Ordinance authorizing the City Manager to sign a Lease and Concession Agreement with Ruben Holguin Cuellar, DBA Rent-A-Chef Catering for the lease of the facility located at San Jacinto Plaza known as the San Jacinto Plaza Café, consisting of 177 square feet for a one-year term commencing on the date the City approves the lease and ending one year from the rent commencement date, at an annual rent of $5,400.00 and an annual concession fee of $600.00 to be paid on a quarterly basis, and that there is one option to extend the term for one additional year by the City Manager under the same terms and conditions.

District 8

Economic and International Development, Memo Sotomayor,  (915) 212-1572

(Attachment)

16.

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

16.1.

An Ordinance authorizing the City Manager to sign a Contract of Sale and a Special Warranty Deed conveying a 0.2281 acre parcel of land being a portion of Tract 10E2, San Antonio & Mexican Gulf Railroad Company Survey No. 268, City of El Paso, El Paso County, Texas, and any other documents necessary to complete the sale to El Paso Electric Company.

District 1

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

(Attachment)

16.2.

An Ordinance authorizing the City Manager to sign a Contract of Sale and a Special Warranty Deed conveying a 0.973 acre parcel of land being a Portion of Section 31, Block 80, Township 1, Texas and Pacific Railway Surveys, City of El Paso, El Paso County, Texas, and any other documents necessary to complete the sale to El Paso Electric Company.

District 4

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

(Attachment)

17.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

17.1.

An Ordinance granting a non-exclusive franchise to ANVACO CORPORATION to operate and maintain a solid waste collection and hauler service within the City of El Paso subject to the franchise terms and conditions; the penalty as provided in Section 9.04.630 of the El Paso City Code.

All Districts

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

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

18.

MAYOR AND COUNCIL

18.1.

Discussion and action to initiate a policy/ordinance that any Open Records Request (ORR) by a City Representative, all such request(s) must be paid for and that the use of staff time spent in hours and salary costs on the ORR be disclosed at a regular City Council meeting and placed on the regular agenda. To request that the 1994 City of El Paso Open Records Resolution be updated in accordance with the Administrative Code, Title 1, Chapter 70 and Government Code, Chapter 552.

Representative Emma Acosta, (915) 212-0003

(Attachment)

EXECUTIVE SESSION

The City Council of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following: (The items listed below are matters of the sort routinely discussed in Executive Session, but the City Council of the City of El Paso may move to Executive Session any of the items on this agenda, consistent with the terms of the Open Meetings Act and the Rules of City Council.) The City Council will return to open session to take any final action and may also, at any time during the meeting, bring forward any of the following items for public discussion, as appropriate.

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

EX1.

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

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

EX2.

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

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

EX3.

Claim of SAAB SITE CONTRACTORS, L.P; Matter No. 13-1004-311 (551.071)

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

ADJOURN

NOTICE TO THE PUBLIC:

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

Hearing Assistance Devices are available upon request.

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

http://www.elpasotexas.gov/