City Council

Dee Margo

Peter Svarzbein, District 1

Mayor

Alexsandra Annello, District 2

Cassandra Hernandez, District 3

Sam Morgan, District 4

Tommy Gonzalez

Isabel Salcido, District 5

City Manager

Claudia Ordaz Perez, District 6

Henry Rivera, District 7

Cissy  Lizarraga, District 8

October 15, 2019

COUNCIL CHAMBERS, CITY HALL

9:00 AM

AND

AGENDA REVIEW MEETING

300 N. CAMPBELL

COUNCIL CHAMBERS, CITY HALL

October 14, 2019

9:00 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA HOSPICE CHAPLAIN,

 SAM L. FARAONE

PLEDGE OF ALLEGIANCE

Students of Ramona Elementary at the invitation of District 3

Representative Cassandra Hernandez

Gavin Luis Avila

Jon Mason Carreon

Isabella Celine Cristan

Francisco Gael De La Cruz

Zachary Leonardo Guzman

Marianna Esther Lopez

Izayah Louis Mier

Bianca Maite Montes

Macy Lynn Ochoa

Brianna Marie Yaya Prieto

Danai Michelle Quezada

Mateo Rodriguez

Azra Rodriguez

Sophia Rondan

Amaya Jean Saucedo

Arianna Elena Torres

Luna Sandra Aguilera

Weylin Micheal Brown

Edward Jozef Thaddeus Deanda

Angel Gael Estrada

Peter Christopher Frank

Ryleigh Ailana Jordan

Mauricio Lopez

Montserrat Lopez

Sophia Christine Martinez

Janney Rocio Ochoa

Ian Abdiel Pena

Nevaeh Jaylah Ramirez

Lorena Escarleth Rodriguez

Samuel Rosales

MAYOR’S PROCLAMATIONS

1.

Fire Prevention Week

2.

White Cane Day

3.

Community Planning Month

4.

Medical Assistant Week

5.

Lights on Afterschool Day

6.

BBBWare! Week

RECOGNITIONS BY MAYOR

Star on the Mountain Award

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 the Minutes of the Regular City Council Meeting of October 1, 2019 and the Agenda Review Meeting of September 30, 2019.

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.

A Resolution that the City Council, in accordance with the provisions of the City Code Subsection 12.056.020f.1, hereby exempts the regularly designated parking meter fees to the north of I10, to include, but not be limited to the Uptown Parking Benefit District, on November 23, 2019, for WinterFest, which constitutes a special downtown event.

Districts 1 and 8

International Bridges, David Coronado, (915) 212-7505

International Bridges, Paul Stresow, (915) 212-7502

(Attachment)

3.2.

Resolution to authorize the City Manager to sign a Seventh Amendment to the Lease Agreement between the City of El Paso ("Lessor") with Jerry M. Coleman and Azar-Coleman Properties, ("Lessee") to remove from the lease Lot 1, Block 19 El Paso International Airport Tracts, Unit 10, Parcel 1 and 3, which is the location of the Radisson Hotel, 1770 Airway Boulevard, El Paso, Texas. The deleted area is 164,362.09 SF. The remaining area is 482,662.09 square feet of land. The rental rate remains the same

District 3

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

3.3.

Resolution to authorize the City Manager to sign a Hotel Site Lease and the Memorandum of Lease between the City of El Paso ("Lessor") and El Paso Hotel Partners, L.P. ("Lessee") for Parcel 1 and 2, a portion of Lot 1, Block 19 El Paso International Airport Tract Unit 10, City of El Paso County, Texas, containing 164,362.09 square feet of land, municipally known and numbered as 1770 Airway Boulevard, El Paso, Texas.

The lease term is 40 years with one (1) ten-year option. The minimum annual payment guarantee is $197,283.82 (164,362.09 square feet at $1.2003 per square feet) or the percentage of revenues for room rental (5%), alcoholic beverage sales (4%), food sales (2%) and miscellaneous sales and services (6%), whichever is greater.

The minimum annual guarantee for the lease with EP Hotel Partners, L.P. is $136,183.80 greater than the previous hotel agreements minimum annual guarantee.

District 3

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

3.4.

Resolution to authorize the City Manager to sign the Lessors Approval of Correction of Partial Assignment dated October 15, 2019 which corrects an error identified from the assignment dated September 1, 1994 for a portion of property leased to Azar-Coleman Properties, ("Lessee").

District 3

Aviation, Monica Lombraña, 915-212-7301

(Attachment)

3.5.

Resolution to authorize the City Manager to sign the First Amendment to the Fixed Base Operators Lease and Operating Agreement between the City of El Paso ("Lessor") and Franklin Mountain Aviation ELP, LLC ("Lessee") to provide a right of first refusal to Lots 3-9, Block 13, El Paso, El Paso International Airport Tracts, Unit 8, Replat A, City of El Paso, El Paso County, Texas municipally known and numbered as 1800 Hawkins Boulevard, El Paso, Texas.

The lease term is 30 years with four (4) five-year option. The increase in property governed by the first right of refusal will provide additional revenue to the City of El Paso (Lessor).

District 2

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

3.6.

Authorize the City Manager to sign a Southern Industrial Site Lease between the City of El Paso (“Lessor”) and Circle K Stores, Inc. (“Lessee”) for Portions of Lots 1 and Lot 2, Block 13, El Paso International Airport Tracts Unit 8, Replat A, more or less 72,792.05 square feet of land, City of El Paso, El Paso County, Texas municipally known and numbered as 1600 Hawkins Blvd., El Paso, Texas. The land is currently undeveloped and the lease term is 20 years with six (6) five-year options.

District 2

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

3.7.

Resolution to authorize the City Manager or designee be authorized to sign the following U.S. Department of Homeland Security, U.S. Customs and Border Protection (CBP), Project Requirements Understanding / Acknowledgment (PRUA) for a turn-key facility at the El Paso International Airport for each of the following purposes:

1) Federal Inspection Services Facility

2) Foreign Trade Zone Facility

3) General Aviation Facility

Districts 2 and 3

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

4.

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

4.1.

A Resolution that the City Council authorizes the City Manager to sign a Communications Site Lease Agreement between the City of El Paso and the Department of Public Safety of the State of Texas ("DPS") for the lease space on the City's communication tower located at 2600 Darrington Rd., known as the Clint Site, for DPS to install radio communication equipment needed to enhance the interoperable communications capabilities and reduce public safety communication gaps, for a term of five (5) years and two (2) options to extend the term for five-year periods each, which may be exercised administratively by the City Manager or Designee; and that the increased public safety communication that results from this lease is sufficient consideration for the lease of City property.

All Districts

Information Technology Services, Araceli Guerra, (915) 212-1401

(Attachment)

5.

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

5.1.

A Resolution that the closure of rights-of-way within the City of El Paso for the Winterfest Scherr Legate Tree Lighting Ceremony from 6:00 a.m. on Saturday, November 23, 2019, to 6:00 a.m. on Sunday, November 24, 2019, serves a public purpose of providing cultural and recreational activities for the residents and visitors of the City of El Paso, and in accordance with 43 TAC, Section 22.12, the City Manager be authorized to sign an Agreement For The Temporary Closure of State Right Of Way (Form TEA 30A) by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the temporary closure and use of State owned and operated street (s) in excess of four hours for portions of Mesa St. between Texas Ave. and Franklin Ave. upon the issuance of required permits from the City of El Paso and substantial conformity to the finalized TEA30 agreement between the City of El Paso and State of Texas Department of Transportation. (CSEV19-00169)

District 8

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

Planning and Inspections, Klarissa Mijares, (915) 212-1544

(Attachment)

(Attachment)

5.2.

A Resolution that the closure of rights-of-way within the City of El Paso for the Winterfest - Scherr Legate Celebration of Lights Parade from 12:00 p.m. on Saturday, November 23, 2019, to 10:00 p.m. on Saturday, November 23, 2019, serves a public purpose of providing cultural and recreational activities for the residents and visitors of the City of El Paso, and in accordance with 43 TAC, Section 22.12, the City Manager be authorized to sign an Agreement For The Temporary Closure of State Right Of Way (Form TEA 30A) by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the temporary closure and use of State owned and operated street (s) in excess of four hours for portions of Mesa St. between Paisano and Texas Ave. and Texas Ave. between Campbell St. and St. Vrain St. upon the issuance of required permits from the City of El Paso and substantial conformity to the finalized TEA30 agreement between the City of El Paso and State of Texas Department of Transportation. (CSEV19-00174)

District 8

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

Planning and Inspections, Klarissa Mijares, (915) 212-1544

(Attachment)

(Attachment)

5.3.

That the City Manager be authorized to sign a two year On Call Agreement for Professional Services to provide Planning, Public Engagement and Urban Design services on a task basis by and between the City of El Paso and each of the following five (5) consultants:

1.         Clarion Associates, Inc.

2.         The Image Network, Inc. of Delaware d/b/a Dover, Kohl & Partners

3.         Freese and Nichols, Inc.

4.         Stantec Consulting Services, Inc.

5.         Verdunity, Inc.

Each On Call Agreement will be for an amount not to exceed Two Hundred Fifty Thousand and No/00 Dollars ($250,000.00), and each agreement will include authorization for the City Engineer to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and authorization for the City Engineer to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if the identified services are necessary for proper execution of identified project and if the increased amounts are within the appropriate budget identified for a project. In addition, the City Manager is authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of each On Call Agreement.

All Districts

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

(Attachment)

5.4.

That Schedule C, attached to the FY 2020 Budget Resolution and effective September 1, 2019, shall be amended, effective October 15, 2019, to establish the following fees:

1.  Discounted El Paso Zoo admission tickets to be sold by community partners at a wholesale blended price of $7.00 each.

2.  Summer and Spring Break, week long day-camps for children ages 6-10 years and 11-16 years at a rate of $200.00-$300.00 per child with optional early and late care for an additional $20.00 an hour, Zoo Members and Active Military will receive a 10% discount on camp prices.

3. Campout/Sleepovers at the El Paso Zoo priced at $100.00-$300.00 per adult and $65.00-$150.00 per child, Zoo Members and Active Duty Military will receive a 10% discount on Campouts/Sleepovers.

All Districts

Zoo, Joe Montisano, (915) 212-2800

(Attachment) 

5.5.

That the City Manager be  authorized to sign an amendment to 2019-182R Recreation and Management Software with Active Network, Inc. (Solicitation 2019-182R), to add ActiveWorks, a point of sale, customer relationship management, on-line ticket purchase and reservation solution for the Regional Water Parks and continue the use of ActiveNet, for a total estimated cost of Two Hundred Twenty Eight Thousand and No/100 Dollars ($228,000.00), which includes a 5.5% processing fee; and that the term of the agreement be amended for an additional 8 months beyond the February 18, 2020 contract period, ending October 18, 2020.

In addition, 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

(Attachment)

(Attachment)

6.

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

6.1.

A Resolution that the tax roll is hereby approved and constitutes the 2019 tax roll for all entities which the City Tax Assessor Collector collects taxes.

All Districts

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

(Attachment)

6.2.

A Resolution authorizing the City Manager to sign the "Texas Lottery Commission - Charitable Bingo Division Bingo Prize Fee Funds Municipality Governing Body Vote Verification Notice" form, as required by House Bill 914 of the 86th Texas Legislature for the City to continue to receive a share of bingo prize fees after January 1, 2020.

All Districts

City Manager's Office, Robert Cortinas, (915) 212-1067

(Attachment)

7.

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

7.1.

That the City Manager be authorized to sign an Underground Electrical and Transformer Pad Easement, granting an easement to the El Paso Electric Company to provide electrical power to the Carwash City, a City tenant, located on Airport property.  Said easement more particularly described as a portion of W.A. Morehouse Survey No. 12 and Section 40, Block 80, Township 2, Texas and Pacific Railway Company Surveys, El Paso County, Texas.

District 2

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

(Attachment)

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

8.

Goal 3: Promote the Visual Image of El Paso

8.1.

Christopher R. Esper to the Historic Landmark Commission by Representative Peter Svarzbein, District 1.

Representative Peter Svarzbein, (915) 212-1002

(Attachment)

9.

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

9.1.

Adam Marshall to the Museums and Cultural Affairs Advisory Board by Representative Peter Svarzbein, District 1.

Representative Peter Svarzbein, (915) 212-1002

(Attachment)

9.2.

Ivan Nino to the Museums and Cultural Affairs Advisory Board by Representative Isabel Salcido, District 5.

Representative Isabel Salcido, (915) 212-0005

(Attachment)

9.3.

Frank Luna to the Museums and Cultural Affairs Advisory Board by Representative Isabel Salcido, District 5.

Representative Isabel Salcido, (915) 212-0005

(Attachment)

9.4.

Rachel Adame Anderson to the Museums and Cultural Affairs Advisory Board by Representative Cissy Lizarraga, District 8.

Representative Cissy Lizarraga, (915) 212-0008

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

10.

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

10.1.

Patrice Hills to the Greater El Paso Civic, Convention, and Tourism Advisory Board by Representative Claudia Ordaz Perez, District 6.

Representative Claudia Ordaz Perez, (915) 212-0006

(Attachment)

11.

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

11.1.

Stephanie Schmid-Falcon to the Museums and Cultural Affairs Advisory Board by Representative Claudia Ordaz Perez, District 6.

Representative Claudia Ordaz Perez, (915) 212-0006

(Attachment)

12.

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

12.1.

Nicholas Costanzo to the Public Service Board Selection Committee by Representative Sam Morgan, District 4.

Representative Sam Morgan, (915) 212-0004

(Attachment)

12.2.

Debbie Torres to the Public Service Board Selection Committee by Representative Claudia Ordaz Perez, District 6.

Representative Claudia Ordaz Perez, (915) 212-0006

(Attachment)

13.

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

13.1.

Christopher Villa to the Zoning Board of Adjustment, as an Alternate member, by Representative Peter Svarzbein, District 1.

Representative Peter Svarzbein, (915) 212-1002

(Attachment)

13.2.

Elena Garza D'Vargas to the Zoning Board of Adjustment, as a Regular member, by Representative Claudia Ordaz Perez, District 6.

Representative Claudia Ordaz Perez, (915) 212-0006

(Attachment)

13.3.

Jesse Brown to the Capital Improvement Advisory Committee by  Representative Claudia Ordaz Perez, District 6.

Representative Claudia Ordaz Perez, (915) 212-0006

(Attachment)

14.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

14.1.

Daniel O. Hernandez to the Fair Housing Task Force, as an Alternate member, by  Representative Alexsandra Annello, District 2.

Representative Alexsandra Annello, (915) 212-0002

(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 A)

All Districts

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

(Attachment)

CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS:

16.

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

16.1.

For notation pursuant to Section 2.92.110 of the City Code, receipt of  campaign contributions by Mayor Dee Margo in the amounts of $500.00 from Jane Macon, $500.00 from Irving J. Brown, $300.00 from John M. Rindt, $100.00 from Rita Baca, $1,000.00 from John Karlsruher, $2,500.00 from Marion L. Hunt, $500.00 from G. Russell Hill, $2,500.00 from Isha Rogers, $500.00 from John T. Montford, $500.00 from Kimmie & Dalton Caldwell , $2,500.00 from Steve Fox, $500.00 from Robert M. Shiloff, $500.00 from Alton F. Thomas, $1,000.00 from Richard & Elizabeth Behrenhausen, $100.00 from Joseph P. Hammond, $50.00 from James L Salome, $100.00 from Dr. Stuart W. Kahn, $2,500.00 from J.W. Rogers, Jr., $50.00 from Frank T. James, $500.00 from Peggy  A. Powers, $500.00 from Paul Harvey, $100.00 from William E. Dahlberg, $500.00 from James P. Maloney, $500.00 from James Arthur Lyle, $500.00 from Zarina Lyle, $1,000.00 from Robert E. Skov, $2,500.00 from William S. Harvey, $100.00 from Josephine P. Schwartz, $100.00 from Jonathan D. Schwartz, $100.00 from R.A.D. Morton, MD, $500.00 from Will Brown, $100.00 from Helen Knopp, $500.00 from Crecí Miles Mulvihill, $200.00 from Nan Napier, $100.00 from David Palafox, $50.00 from Thompson, $2,500.00 from Betty Wakefield.

Mayor Dee Margo, (915) 212-1051

16.2.

For notation pursuant to Section 2.92.110 of the City Code, receipt of campaign contributions by Representative Cassandra Hernandez in the amounts of $1,000 from Raul Hernandez; $500 from Linebarger Goggan Blair & Sampson LLP; $500 from Mary Eileen Karlsruher; $1,500 from The El Paso Assn of Fire Fighters Local 51 Inc PAC; $500 from El Paso Apartment Association PAC.

Representative Cassandra Hernandez, (915) 212-0003

CONSENT AGENDA - BIDS:

17.

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

17.1.

The award of Solicitation No. 2019-1169 City Wide Backflow Preventer Inspection and Repair to EP Integrated Fire Systems & Concepts, LLC dba Integrated Fire Systems & Concepts, LLC for an initial term estimated award of $241,146.00.  The award is to include a two (2) year optional amount of $160,764.00 for a total five (5) year estimated award of $401,910.00.  This contract will allow for inspections, maintenance and repair of Backflow Preventers in City owned facilities to insure maximum reliability.

CONTRACT VARIANCE:

The difference in cost, based on comparison to the previous contract is as follows:  An increase of $91,395.00 over the three (3) year initial term of the contract, (annual increase of $30,465.00) or 61%, due to the addition of eighty four (84) new locations, and an increase in parts cost of $5,970.00 per year.  

Department:                           Streets and Maintenance

Award to:                                 EP Integrated Fire Systems & Concepts, LLC dba

                                                Integrated Fire Systems & Concepts, LLC

                                                El Paso, TX

Item(s):                                  All

Initial Term:                             3 years

Option to Extend:                   2 years

Annual Estimated Award:       $  80,382.00

Initial Term Estimated Award:            $241,146.00 (3 years)

Total Estimated Award :         $401,910.00 (5 years)

Account No.:                           532-31040-522260-1000-P3120        

Funding Source:                    Streets and Maintenance Environmental –                                                    General Fund 

Districts:                                  All

This is a Low Bid, service contract.

The Purchasing & Strategic Sourcing and Streets and Maintenance Departments recommend award as indicated to EP Integrated Fire Systems & Concepts, LLC dba Integrated Fire Systems & Concepts, LLC the lowest responsive, responsible bidder. 

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

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

(Attachment)

(Attachment)

18.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

18.1.

That the City Manager be authorized to sign an Agreement for Preventative Care Services between the City of El Paso and Tenet Hospitals Limited dba The Hospitals of Providence Contract No. 2019-858R, to perform preventative care services for Medicaid and uninsured patients at Service Provider’s centers on a three (3) year term with the option to extend the term for two (2) one (1) year options under the same terms and conditions, which may be exercised by the City Manager or designee administratively, for an estimated contract amount of $276,450.00 for the initial term and an estimated $184,300 if the option to extend is exercised.

CONTRACT VARIANCE:

This award combines multiple previous separate contracts. The difference in cost, based on the comparison to the previous contracts, is an increase of $120,280.00 a 55% increase, due to additional preventative services and diagnostics included in this contract.

Department:                                       Health

Award to:                                          Tenet Hospitals Limited dba The Hospitals                                                             of Providence

                                                            Dallas, TX

Items:                                                  All

Initial Term:                                         3 years

Option to extend:                                2 years

Annual Estimated Award:                   $   92,150.00

Initial Term Estimated Award:            $ 276,450.00 (3 years)

Total Estimated Award:                      $ 460,750.00 (5 years)

Fund Source:                                      522150/322/2141/22070/P4119 /

                                                            PCP14HLTHFIRE

                                                           521120/341/2141/41160/P4119/                                                             PCP14HLTH3YR

                                                            521120/341/2141/41160/P4119 /                                                                    PCP14HLTHBORDER

Districts:                                              All

This is a Request for Qualifications.

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

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

(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 - 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.

19.

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

19.1.

An Ordinance terminating Tax Increment Reinvestment Zone Number Twelve, City of El Paso, Texas. Dissolving the Tax Increment Fund for the Zone; Dissolving the Board of Directors for the Zone; and providing and effective date.

District 1

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 29, 2019

19.2.

An Ordinance approving amendment number two to the final project plan and finance plan for Tax Increment Reinvestment Zone Number Eleven, the City of El Paso, Texas; and establishing a Sales Tax and Use Tax Increment contribution by the City of the Zone’s Tax Increment Fund.

District 4

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 29, 2019

20.

Goal 3: Promote the Visual Image of El Paso:

20.1.

An Ordinance granting a special privilege license to Summit Indigo EP LLC. to permit the construction, installation, maintenance, use, and repair of a surface encroachment of two (2) new planter beds over portions of city right-of-way along Main and Kansas streets adjacent to the property located at 325 N. Kansas street, El Paso, Texas Subject Property: 325 N. Kansas Property Owner: Summit Indigo EP, LLC. NESV2019-00008.

District 8

Planning and Inspections, Philip F. Etiwe, (915) 212-1533

Planning and Inspections, Armida R. Martinez, (915) 212-1605

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 29, 2019

20.2.

An Ordinance amending Title 19 (Subdivision and development plats), Article 2 (Subdivision Standards), Chapter 19.20 (Parks and Open Space), Section 19.20.070 (Deed conveyance) of the El Paso City Code, to clarify the requirements for the conveyance instrument and to allow for deferral of delivery of the conveyance instrument in circumstances where the obligation to install public improvements to serve a subdivision or development is deferred until after recordation of the final plat. The penalty is as provided in Chapter 19.42 of the El Paso City Code.

All districts

Planning and Inspections, Philip F. Etiwe, (915) 212-1533

Planning and Inspections, Nelson Ortiz, (915) 212-1606

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 29, 2019

20.3.

An Ordinance amending the Regulating Plan placed on the property under Ordinance No. 018024 which changed the zoning of a 7.645 acre parcel of land legally described as being all of Lot 2 and a portion of Lots 1 and 3, University Center as filed in Volume 23, Page 35, El Paso County Deed Records, El Paso County, Texas from C-1 (Commercial) and C-3 (Commercial) to SCZ (Smartcode Zone). The Penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: West of Mesa Street and East of Sun Bowl Drive; Owner: University of Texas. PLRP19-00007

District 8

Planning and Inspections, Philip F. Etiwe, (915) 212-1533

Planning and Inspections, Harrison Plourde, (915) 212-1584

(Attachment)

PUBLIC HEARING WILL BE HELD ON NOVEMBER 12, 2019

21.

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

21.1.

An Ordinance amending Title 12, Chapter 12.88 (Schedules), Section 12.88.030 (Schedule III - Parking prohibited at all times on certain streets), Subsection 240 (Both sides of Westcity Court from Waymore Drive to Eubank Court) of the City Code to remove the parking restriction on the east side of Westcity Court from Waymore Drive to Eubank Court. The penalty being provided in Chapter 12.84 of the El Paso City Code.

District 8

Streets and Maintenance, Hannah Williams, (915) 212-70003

(Attachment)

(Attachment)

PUBLIC HEARING WILL BE HELD ON OCTOBER 29, 2019

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

22.

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

22.1.

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 GARVER, LLC, an Arkansas Limited Liability Company, for a project known as “EL PASO INTERNATIONAL AIRPORT RELOCATION OF TAXIWAY M”, for an amount not to exceed SEVEN HUNDRED ONE THOUSAND SIXTY FOUR and 75/100 DOLLARS ($701,064.75); 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 Eight Hundred One Thousand Sixty Four and 75/100 Dollars ($801,064.75); 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.

All Districts

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

Aviation, Monica Lombrana, (915) 212-7301

(Attachment)

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

23.

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

23.1.

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

All Districts

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

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

(Attachment)

(Attachment)

24.

Goal 3: Promote the Visual Image of El Paso

24.1.

An Ordinance changing the zoning of Tracts 4C, 4D, 4E, 4F, 4G, 4J, 4K, 4L, and 5, Block 8, Ysleta Grant, Texas, 343-345 Zaragoza Road, City of El Paso, El Paso County, Texas from R-F (Ranch­Farm) to C-1 (Commercial), and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property : 343-345 Zaragoza Road. Property Owner: Iwaloye Properties, LLC and the Estate of Maria Germany. PZRZ19-00013 [POSTPONED FROM 10-01-19]

District 7

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

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

(Attachment)

(Attachment)

24.2.

An Ordinance granting Special Permit No. PZST19-00007, to allow for infill development with reductions in the required front and street side yard setbacks, and a reduction in the minimum number of required parking spaces, and to rescind Special Permit SP90-20 on the property described as a portion of Lots 11, 12, 13, and 14, Block 2, Alexander Addition (404 E. Arizona 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. The proposed special permit meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: 404 E. Arizona Avenue. Owner: LEFT Investments, LLC PZST19-00007.

District 8

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

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

(Attachment)

(Attachment)

24.3.

An Ordinance changing the zoning of Section 15, Block 79, Township 3, Texas and Pacific Railway Company Surveys, City Of El Paso, El Paso County, Texas from R-F to R-3A. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: North of Pellicano Drive and East of Dominic Anakin Drive.  Property owner: Cuesta del Sol, Inc. PZRZ19-00017

District 6

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

Planning and Inspections, Harrison Plourde, (915) 212-1584

(Attachment)

(Attachment)

24.4.

An Ordinance amending the Future Land Use Map contained in "Plan El Paso" for the property legally described as Section 15, Block 79, Township 3, Texas and Pacific Railway Company Surveys, City Of El Paso, El Paso County, Texas, from O6, Potential Annexation, to G4, Suburban. Subject Property: North of Pellicano Drive and East of Dominic Anakin Drive. Property Owner: Cuesta del Sol, Inc. PLCP19-00001

District 6

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

Planning and Inspections, Harrison Plourde, (915) 212-1584

(Attachment)

(Attachment)

25.

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

25.1.

An Ordinance amending Ordinance 7861 to amend the Bingo Prize Fee imposed by the City of El Paso to 50 percent of the 5 percent Bingo Prize Fee collected by authorized organizations within the City of El Paso on Prizes of more than $5.00.

All Districts

Office of Management and Budget, K. Nicole Cote, (915) 212-1092

City Manager's Office, Robert Cortinas, (915) 212-0023

(Attachment)

26.

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

26.1.

An Ordinance, amending Title 12, Chapter 12.88 (Schedules), Section 12.88.180 (No stopping or standing - Tow-away zone), Subsection A, Subsubsection 15 of the El Paso City Code, to delete the parking and standing prohibition on both sides of Coles Street from Second Avenue to Paisano Drive. The penalty being provided in Chapter 12.84 of the El Paso City Code.

District 8

Streets and Maintenance, Hannah Williams, (915) 212-7003

(Attachment)

(Attachment)

26.2.

An Ordinance vacating vehicular traffic use for portions of South Oregon Street, South Mesa Street, South Kansas Street, and Park Street which intersect with State Loop 375, Border West Expressway.

District 8

Streets and Maintenance, Hannah Williams, (915) 212-7003

(Attachment)

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

27.

Goal 3: Promote the Visual Image of El Paso

27.1.

Discussion and action on information related to City Council direction from July 23, 2019 to explore a conservation easement and associated items regarding the approximately 1,000 acres of land owned by the City of El Paso in northwest El Paso, including Lost Dog Trail.

District 1

Planning and Inspections, Philip Etiwe, (915) 212-0104

Planning and Inspections, Kevin Smith, (915) 212-1566

(Attachment)

(Attachment)

28.

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

28.1.

Discussion and action on a Resolution to authorize the Mayor to sign a Certificate of Approval of the Highest Elected Official in conjunction with the proposed issuance by the Colorado Health Facilities Authority (the “Issuer”), of revenue bonds in one or more series in aggregate principal amount not to exceed $480,000,000.00.

All Districts

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

(Attachment)

28.2.

Discussion and action on a resolution that the City reviewed and approves the issuance of the Unlimited Tax Refunding Bonds, Series 2019 Bonds Utility by Paseo Del Este Municipal Utility District No. 2 with the acknowledgement that the issuance of such bonds does not constitute debt issuance by the City of El Paso.

All Districts

Robert Cortinas, Chief Financial Officer, (915) 212-1067

(Attachment)

29.

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

29.1.

Discussion and action that the City Manager be authorized to sign a two year On-Call Agreement for Professional Services to provide geotechnical and materials testing for streets and maintenance on a task basis by and between the City of El Paso and each of the following five (5) consultants:

1. CQC Testing and Engineering, LLC;

2. PAVETEX Engineering, LLC;

3. Professional Service Industries, Inc.;

4. Terracon Consultants, Inc.; and

5. Wood Environment & Infrastructure Solutions, Inc.

Each On Call Agreement will be for an amount not to exceed Five Hundred Thousand and No/00 Dollars ($500,000.00), and each agreement will include authorization for the City Engineer to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and authorization for the City Engineer to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if the identified services are necessary for proper execution of identified project and if the increased amounts are within the appropriate budget identified for a project. In addition, the City Manager is authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of each On-Call Agreement.

All Districts

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

(Attachment)

30.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

30.1.

Discussion and action on a Resolution to adopt amendments to the Evaluation Criteria for Requests for Local Government Support of Low Income Housing Tax Credits (LIHTC) proposals and presentation on the City of El Paso’s process for formulating recommendations to issue resolutions of support and/or resolutions of no objection for 2020 Low Income Housing Tax Credit proposals. [POSTPONED FROM 10-01-19]

All Districts

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

(Attachment)

(Attachment) 

30.2.

Discussion and action to request that City Council authorize the distribution of the remaining $7 Million in 2012 Quality of Life (QOL) funds dedicated to the Neighborhood Improvement Program (NIP) by allocating $3 Million to Round Four and $4 Million to Round Five.

All Districts

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

(Attachment)

(Attachment) 

30.3.

Discussion and action on a Resolution that the City Manager be authorized to sign a lease agreement between the City of El Paso and Paisano Housing Redevelopment Corporation, an affiliate of the Housing Authority for the City of El Paso, for the lease to the City of the 17th floor of the Blue Flame Building located at 304 Texas Avenue, El Paso, Texas 79901.

All Districts

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

(Attachment)

(Attachment) 

30.4.

Discussion and action that the Mayor be authorized to sign an Interlocal Agreement between the Housing Authority for the City of El Paso (HACEP) and Paisano Housing Redevelopment Corporation (“PHRC”) an affiliate of HACEP, for the construction and use of the Downtown Center for Civic Empowerment on the 17th floor of the Blue Flame Building consistent with the lease of the 17th floor. and that the City will reimburse HACEP an amount up to $1,500,000.00 in Community Development  for the construction of the Center and HACEP will contribute  an additional estimated amount of $800,000.00 for the construction of the Center.

All Districts

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

(Attachment)

(Attachment)

31.

MAYOR AND COUNCIL

31.1.

Discussion and action that the Mayor and City Council accept the recommendation from the Citizen's Advisory Committee for the Mass Transit Board and the Mass Transit Board to name the Eastside Transit Center located at 1165 Sunmount Drive to the Arturo Benavides Transit Center. [POSTPONED FROM 10-01-19]

District 3

Representative Cassandra Hernandez, (915) 212-0003

(Attachment)

31.2.

Discussion of El Paso City Charter provisions relating to an elected city official’s removal from office.

All Districts

Mayor Dee Margo, (915) 212-1051

(Attachment)

31.3.

Discussion and action to direct City Manager to develop and implement an El Paso Police Department Car Opportunity Program (EPPD C.O.P).

All Districts

Representative Henry Rivera, (915) 212-0007

(Attachment)

31.4.

Discussion and action to direct City Manager and City Attorney to draft and return on October 29, 2019 with an inter-local agreement between the City of El Paso and El Paso Independent School District (EPISD) regarding their request for a decommissioned vehicle at Austin High School Sandra Day O’Connor Public Service Academy and the Center for Career and Technology Education (CCTE).

All Districts

Representative Henry Rivera, (915) 212-0007

(Attachment)

31.5.

Discussion and action to direct the City Manager to work with Cielo Vista/ Simon properties and Cielo Vista Walmart on any immediate or future plans regarding the items at the Cielo Vista Walmart Community Makeshift Memorial; and to secure the victims' families and surviving victims of the August 3, 2019 Walmart shooting and Cielo Vista Walmart employees are given priority and be the first to be offered all items that the community has taken to be placed at the memorial in loving memory of the victims.

All Districts

Representative Henry Rivera, (915) 212-0007

(Attachment)

32.

MANAGEMENT UPDATES

32.1.

August 3 Temporary Memorial.

All Districts

Museums and Cultural Affairs, Tracey Jerome, (915) 212-1783

Museums and Cultural Affairs, Ben Fyffe, (915) 212-1766

(Attachment)

(Attachment)

32.2.

Update for Fire and Office of Emergency Management Community Programs.

All Districts

Fire Chief, Mario D'Agostino, (915) 212-5600

(Attachment)

(Attachment)

32.3.

Budget Update.

All Districts

City Manager's Office, K. Nicole Cote, (915) 212-1092

(Attachment)

(Attachment)

32.4.

Presentation and discussion on an update of the 2012 Street Improvement Program.

All Districts

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

(Attachment)

(Attachment)

32.5.

WinterFest 2019 Overview of planning, amenities, and programming for WinterFest 2019.

All Districts

Museums and Cultural Affairs, Tracey Jerome, (915) 212-1783

Museums and Cultural Affairs, Ben Fyffe, (915) 212-1766

(Attachment)

(Attachment)

EXECUTIVE SESSION

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

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/