		City Council
Oscar Leeser		Peter Svarzbein, District 1
Mayor		Larry Romero, District 2
		Emma Acosta, District 3
		Carl L. Robinson, District 4
Tommy Gonzalez		Michiel R. Noe, District 5
City Manager		Claudia Ordaz, District 6
		Lily Limón, District 7
		Cortney Carlisle Niland, District 8

MINUTES FOR REGULAR COUNCIL MEETING

October 27, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

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ROLL CALL

The City Council met in regular session at the above place and date. Meeting was called to order at 8:03 a.m. Mayor Oscar Leeser present and presiding and the following Council Members answered roll call: Peter Svarzbein, Larry Romero, Emma Acosta, Carl Robinson, Michiel Noe, and Lilia Limón. Late arrivals: Claudia Ordaz at 8:25 a.m. Cortney Niland requested to be excused. The invocation was given by Chaplain Carlos Flores, followed by the Pledge of Allegiance to the Flag of the United States of America.

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INVOCATION BY POLICE CHAPLAIN CARLOS FLORES

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PLEDGE OF ALLEGIANCE

Travis Elementary School

Bailey McBride

Kobe McBride

Amar’e Wilkerson

Amaya Shepard

Logan Elementary School

Lakya Harris

Araia Morant

Benjamin Dixon

Naavah'Sachi Joplin

Jkeriko Watson

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NOTICE TO THE PUBLIC – CONSENT AGENDA

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

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

NAYS: None

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Ordaz

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CONSENT AGENDA - APPROVAL OF MINUTES:

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

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1.1.

*Motion made, seconded, and unanimously carried to APPROVE Minutes for the Regular City Council Meeting of October 20, 2015, and the Special City Council Meeting of October 19, 2015.

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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

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*Motion made, seconded, and unanimously carried to EXCUSE, AS REVISED Representative Cortney Niland from the Regular Council Meeting of October 27, 2015.

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CONSENT AGENDA - RESOLUTIONS:

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

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3.1.1.

*Motion made, seconded, and unanimously carried to POSTPONE one week a Resolution that the City Manager be authorized to sign the First Amended and Restated Hotel Site Lease by and between the City of El Paso ("Lessor") and EP Vida, LLC ("Lessee") for the following described property: 376,174.23 sf, more or less, being Lots 1, 2, and 3, Block 5A, and Lots 1, 2, and 3, Block 5B, El Paso International Airport tracts, Replat of Unit 3, Replat "B", City of El Paso, El Paso County, Texas ("Premises"). The Premises shall consist of a Hotel Site, the commercial/Retail Parcels, an Open Space Site, and a Private Street.

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3.1.2.

*Motion made, seconded, and unanimously carried to POSTPONE one week a Resolution authorizing the City Manager to sign the First Amendment to Chapter 380 Economic Development Program Agreement between the City of El Paso and EP Vida, LLC allowing the parties to modify the timeline obligations in the Agreement. This timeline modification is necessitated due to pending litigation which has rendered impossible Applicant's performance of duties and obligations under the terms and conditions in the Economic Development Program Agreement executed by the parties on or about May 28, 2013.

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3.1.3.

*Motion made, seconded, and unanimously carried to POSTPONE one week a Resolution authorizing the City Manager to sign the First Amendment to Hotel and Convention Services Agreement between the City of El Paso and EP VIDA, LLC allowing the parties to modify the timeline obligations in the Agreement. This timeline modification is necessitated due to pending litigation which has rendered impossible Applicant's performance of its duties and obligations under the terms and conditions in the Hotel and Convention Services Agreement executed by the parties on or about May 28, 2013.

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3.2.

*R E S O L U T I O N

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

That the City Manager, upon expiration of the Public Comment period on November 5, 2015, be authorized to file Passenger Facility Charge (PFC) Application No. 13-07-C-00-ELP in the amount of $10,241,771.00 with the Federal Aviation Administration (FAA) authorizing (i) the continued use of a $4.50 PFC per eligible enplaned passenger, (ii) the submission of all and related documentation contained in the application or requested by the FAA, (iii) the expenditure of revenues from the PFC at EPIA, in accordance with the Airport’s Capital Improvement Program, and (iv) the designation of the Director of Aviation as the authorized representative of the City of El Paso to act in connection with the application.

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

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4.1.

*R E S O L U T I O N

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

That the Mayor be authorized to sign a Memorandum of Understanding between the Federal Bureau of Investigation (“FBI”) and the City of El Paso to allow required training hours for FBI Emergency Medical Technicians – Basic or Paramedic to occur in the form of ambulance ride-alongs, in order to further the public safety purpose of qualified emergency responders available to respond to federal emergency medical situations.

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Goal 3: Promote the Visual Image of El Paso

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5.1.

*R E S O L U T I O N

A RESOLUTION APPROVING A DETAILED SITE DEVELOPMENT PLAN PZDS15- 00017 FOR A PORTION OF LOT 18, BLOCK 2, MONTWOOD HEIGHTS UNIT 4, 12430 MONTWOOD DRIVE, CITY OF EL PASO, EL PASO COUNTY, TEXAS, PURSUANT TO SECTION 20.04.150. THE PENALTY IS AS PROVIDED FOR IN CHAPTER 20.24 OF THE EL PASO CITY CODE.

WHEREAS, on June 22, 1993, City Council rezoned the property described as a portion of Lot 18, Block 2, Montwood Heights Unit 4, 12430 Montwood Drive, City of El Paso, El Paso County, Texas, from R-3 (Residential) to C-1/c (Commercial/conditions) and as part of the rezoning imposed a condition that a detailed site development plan be submitted for review and approval by the City Plan Commission and City Council prior to issuance of a building permit; and,

WHEREAS, the property owner, Marcella Frausto (the "Owner") is ready to proceed with development and has submitted a detailed site development plan for review; and,

WHEREAS, the detailed site development plan is subject to the development standards in the C-1/c (Commercial/conditions) District regulations and subject to the approved Detailed Site Development Plan signed by the Applicant, the City Manager and the Executive Secretary to the City Plan Commission; and,

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

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

WHEREAS, the City Council finds that the detailed site development plan meets

all applicable requirements of the El Paso City Code;

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

1. Pursuant to requirements imposed on the property described as a portion of Lot 18, Block 2, Montwood Heights Unit 4, 12430 Montwood Drive, City of El Paso, El Paso County, Texas, and the City Council hereby approves the detailed site development plan. The detailed site development plan is subject to the development standards in the C-1/c (Commercial/conditions) District:

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

3. All construction and development on the property shall be done in accordance with the approved detailed site development plan and the development standards applicable in the C-1/c (Commercial/conditions) District regulations.

4. The Applicant shall sign an agreement to develop the property and to perform all construction thereon in accordance with the approved detailed site development plan and the standards applicable in the C-1/c (Commercial/conditions) District. Such agreement shall be signed and filed with the Zoning Administrator and the Executive Secretary of the City Plan Commission before building permits are issued.

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

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

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6.1.

*R E S O L U T I O N

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

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

WHEREAS, taxpayer, SCG Capital Corporation (“Taxpayer”) has applied for a refund with the tax assessor for their 2011 property taxes that were overpaid on January 26, 2012 in the amount of $8,073.55 for all taxing entities; and

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

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

THAT THE City finds that SCG Capital Corporation 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 $8,073.55 is approved.

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Goal 8: Nurture and Promote a Healthy, Sustainable Community

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7.1.

*R E S O L U T I O N

WHEREAS, on June 23, 2015, the City entered into Investor HOME Written Agreements related to the Redevelopment of the Haymon Krupp and Tays Developments; and

WHEREAS, the parties now wish to revise the Investor HOME Written Agreements in order to reflect the revisions requested by the Department of Housing and Urban Development.

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

That the City Manager be authorized to sign a revised Investor HOME Written Agreement in a form substantially similar to the form contract specified in Exhibit A by and between the City of El Paso (the “City”) and the following Tax Credit Project developers, as well any related contract document necessary to effectuate the awards and to secure and protect the City’s lien interest, upon the recommendation of the Director of Community and Human Development and the approval of the City Attorney’s Office: (1) Haymon Krupp, LP – 10200 Hedgerow, El Paso, TX - $500,000 and (2) El Paso Tays, LP – 2114 Magoffin, El Paso, TX - $100,000.

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CONSENT AGENDA - BOARD APPOINTMENTS:

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

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8.1.

*Motion made, seconded, and unanimously carried to APPOINT Elvira Carrizal-Dukes to the Museums and Cultural Affairs Advisory Board by Representative Cortney Niland, District 8.

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CONSENT AGENDA - NOTICE FOR NOTATION:

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

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9.1.

1^ST MOTION

*Motion made, seconded, and unanimously carried to APPROVE for notation the amendments to Human Resources policies that were removed from Ordinance 8065 (Civil Services Rules and Regulations) and placed into policies following the March 6, 2012 amendments to Ordinance 8065: Application and Appeals Policy; Certification and Hiring Policy; Classification Policy; Promotional Process Policy; and Provisional and Temporary Appointment Policy.

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Ordaz

2^ND MOTION

Motion made by Representative Limón, seconded by Representative Ordaz, and carried to reconsider the item. THE MOTION FAILS.

AYES: Representatives Ordaz and Limón

NAYS: Representatives Svarzbein, Romero, Acosta, Robinson, and Noe

ABSENT: Representative Niland

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CONSENT AGENDA - BEST VALUE PROCUREMENTS:

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10.

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

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10.1.

*Motion made, seconded, and unanimously carried to AUTHORIZE the Director of the Purchasing and Strategic Sourcing Department to exercise the City’s option to extend current Contract 2014-083 (Re-Bid) Animal Food Produce with OLUS Distributing, Inc. for one (1) additional year pursuant to the provisions of an award approved by the City Council on March 25, 2014. The extended contract period will be from March 11, 2016 through March 10, 2017.

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Ordaz

Department: Zoo

Award to: OLUS Distributing, Inc.

El Paso, Texas

Item(s): All

Option: (1) one year

Annual Estimated Award: $99,416.00

Total Estimated Award: $99,416.00 (1 year)

Account No.: 3400-452-52140-P5241-531100

Funding Source: Zoo Operations

This is a Best Value, services contract.

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11.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

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11.1.

1^ST MOTION

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

2^ND MOTION

Motion made by Representative Limón, seconded by Representative Ordaz, and carried to POSTPONE one week the item that the Director of the Purchasing and Strategic Sourcing Department be authorized to exercise the City’s option to extend current Contract 2013-116 Janitorial Services for WIC Clinics with The Eagle Janitorial Services for two (2) additional years pursuant to the provisions of an award approved by the City Council on February 11, 2013. The extended contract period will be from February 16, 2016 – February 15, 2018. THE MOTION FAILS.

AYES: Representatives Robinson, Ordaz and Limón

NAYS: Representatives Svarzbein, Romero, and Noe

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Acosta

Department: Public Health

Award to: The Eagle Janitorial Services

El Paso, Texas

Item(s): All

Option: (2) two years

Annual Estimated Award: $214,868.88

Total Estimated Award: $429,737.76 (2 years)

Accounts: 341-1000-41170-522060

Fund Source Name: General Fund

Accounts: 341-2140-41240-522060-GS4116AD

Fund Source Name: Health Grants

This is a Best Value, services contract.

3^RD AND FINAL MOTION

Motion made by Representative Romero, seconded by Representative Acosta, and carried to AUTHORIZE the Director of the Purchasing and Strategic Sourcing Department to exercise the City’s option to extend current Contract 2013-116 Janitorial Services for WIC Clinics with The Eagle Janitorial Services for two (2) additional years pursuant to the provisions of an award approved by the City Council on February 11, 2013. The extended contract period will be from February 16, 2016 – February 15, 2018. THE MOTION FAILS.

AYES: Representatives Romero, Acosta and Noe

NAYS: Representatives Svarzbein, Robinson, Ordaz and Limón

ABSENT: Representative Niland

Department: Public Health

Award to: The Eagle Janitorial Services

El Paso, Texas

Item(s): All

Option: (2) two years

Annual Estimated Award: $214,868.88

Total Estimated Award: $429,737.76 (2 years)

Accounts: 341-1000-41170-522060

Fund Source Name: General Fund

Accounts: 341-2140-41240-522060-GS4116AD

Fund Source Name: Health Grants

This is a Best Value, services contract.

Representatives Noe and Limón commented.

Ms. Diane Nunez, Purchasing and Strategic Sourcing, commented.

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CONSENT AGENDA - BIDS:

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12.

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

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12.1.

*Motion made, seconded, and unanimously carried to AUTHORIZE the Director of Purchasing & Strategic Sourcing Department to exercise the City’s option to extend current Contract 2013-068 Oxygen Cylinders - Rental, Refill and Delivery with Argyle Welding Supply, Inc., for two (2) additional years pursuant to the provisions of an award approved by the City Council on February 26, 2013. The extended contract period will be from February 25, 2016 to February 26, 2018.

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Ordaz

Department: Fire Department

Award to: Argyle Welding Supply, Inc.

El Paso, TX

Option: One [of One]

Annual Estimated Amount: $33,675

Total Estimated Amount: $67,350 (2 years)

Account No.: 322 – 22090 – 522250 – 1000 – P2217

Funding Source: General Fund – Public Safety Equipment

This is a Low Bid, unit price contract.

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13.

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

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13.1.

*Motion made, seconded, and unanimously carried to AWARD Solicitation 2016-019 Tuscany Street Resurfacing to J.A.R. CONCRETE, INC. dba JAR Construction, Inc. for an estimated total amount of $97,171.03.

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Ordaz

Department: Capital Improvement

Award to: J.A.R. CONCRETE, INC. dba JAR Construction, Inc.

El Paso, TX

Total Estimated Award: $97,171.03

Account No: G7140CD23-580270-471-71240-2400

Funding Source: Community Development Block Grant 40th Year

This is a Low Bid, unit price type contract.

The Purchasing & Strategic Sourcing Department and Capital Improvement Department recommend award as indicated to J.A.R. CONCRETE, INC. dba JAR Construction, Inc. the lowest responsive, responsible bidder.

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 Capital Improvement Department Director 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.

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MAYOR’S PROCLAMATIONS

Brandon Bailey Johnson Day

Halloween Happiness Week

National Cyber Security Awareness Month

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RECOGNITIONS

City Employees

Mr. Tommy Gonzalez, City Manager, presented the following employee recognitions:

Mr. Ricardo R. Lopez – 25 years
Mr. Manuel Ortiz – 25 years
Mr. Cesar A. Grado – 25 years
Mr. John J. Kiseda 25 years
Ms. Mary J. Elliott – 30 years
Mr. Jose F. Saenz – 30 years
Mr. Carlos Flores – 30 years
Fire Paramedic Jose Luis Cavazos – 30 years
Mr. Jorge E. Gallegos – 30 years

10. Mr. Rafael Torres – 40 years

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

The following members of the public commented:

Ms. Lorena Chavira
Ms. Wally Cech
Mr. Marc Salazar
Mr. Frank Lozano
Mr. Salvador Gomez
Ms. Ana Duenez
Mr. Alfonso Palacios
Mr. Ray Mancera
Ms. Noemi Tovar

Representative Robinson commented.

Motion made by Representative Robinson, seconded by Representative Romero, and unanimously carried to SUSPEND THE RULES OF ORDER to allow additional speakers to address the Council after the signup period.

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REGULAR AGENDA - OTHER BUSINESS

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14.

MAYOR AND COUNCIL

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14.1.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks the presentation by Camino Real Regional Authority regarding the El Paso Trolley Project to include the following information:

1. Project status report and proposed timeline for completion

2. Complete scope of project

3. Project budget including all sources of funds necessary to design, build and fully implement the project including but not limited to: restoration and acquisition of trolleys, r.o.w acquisition, inter local agreements, leases, utility relocations, street repairs, reconstruction and resurfacing.

4. Budget for operating and maintaining the trolley project upon completion

5. Contingency plan for cost over runs.

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REGULAR AGENDA - FIRST READING OF ORDINANCES

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

ABSENT: Representative Niland

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15.

Goal 3: Promote the Visual Image of El Paso:

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15.1.

An Ordinance changing the zoning of Parcel 1: Lots 5 and 6, Block 2, Cielo Vista Amended Plat, City of El Paso, El Paso County, Texas from A-2 (Apartment) and C-4 (Commercial) to C-3/c (Commercial/conditions) and Parcel 2: Lots 5 thru 10, Block 3, Cielo Vista Amended Plat, City of El Paso, El Paso County, Texas from A-2 (Apartment) to C-3/c (Commercial/conditions) and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: North of Edgemere Boulevard and East of Airway Boulevard. Property Owner: E.P. Simana, L.P. PZRZ15-00024

PUBLIC HEARING WILL BE HELD ON NOVEMBER 17, 2015

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15.2.

An Ordinance changing the zoning of All of Tract 4G, E.L. De Shazo Survey 218, City of El Paso, El Paso County, Texas, from R-3 (Residential) to C-4 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. Subject Property: East of N. Mesa Street and South of Castellano Drive. Property Owner: MALBER, LLC. PZRZ14-00050. THIS IS AN APPEAL CASE.

PUBLIC HEARING WILL BE HELD ON NOVEMBER 17, 2015

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REGULAR AGENDA - FIRST READING AND PUBLIC HEARING OF ORDINANCES - EL PASO WATER UTILITIES:

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16.1. AND 16.2. - ITEMS TAKEN TOGETHER

16.

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

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16.1.

ORDINANCE 018429

The City Clerk read an Ordinance entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $50,000,000 OF CITY OF EL PASO, TEXAS, WATER AND SEWER REVENUE BONDS, SERIES 2015B TO THE TEXAS WATER DEVELOPMENT BOARD IN ORDER TO FINANCE THE ACQUISITION OF SECURE, UNDERGROUND WATER RESOURCES FOR THE SYSTEM; AND ENACTING PROVISIONS RELATED THERETO.

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

AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

ABSENT: Representative Niland

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

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16.2.

ORDINANCE 018430

The City Clerk read an Ordinance entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF EL PASO, TEXAS, WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2015C TO REFUND CERTAIN PREVIOUSLY ISSUED OBLIGATIONS OF THE CITY; AND RESOLVING MATTERS WHICH ARE NECESSARY TO EFFECTUATE SAID ISSUANCE, INCLUDING THE DELEGATION OF MATTERS RELATING TO THE SALE AND ISSUANCE OF THE BONDS TO AN AUTHORIZED CITY OFFICER OR EMPLOYEE WITHIN CERTAIN SPECIFIED PARAMETERS.

AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

ABSENT: Representative Niland

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

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REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

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17.

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

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17.1.

ORDINANCE 018431

The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING TITLE 12 (VEHICLES AND TRAFFIC), SECTION 12.44.280 (RESTRICTIONS ON PARKING IN RESIDENTIAL PARKING DISTRICTS) TO AMEND THE DEFINITION OF A RESIDENTIAL PROPERTY TO INCLUDE APARTMENT COMPLEXES WITH FIVE OR MORE DWELLING UNITS IN A DESIGNATED HISTORICAL DISTRICT, AND TO REVISE THE PROVISIONS REGARDING THE ISSUANCE OF PERMITS. THE PENALTY BEING AS PROVIDED IN SECTION 12.84.010 AND CHAPTER 12.85 OF THE EL PASO CITY CODE.

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

AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

ABSENT: Representative Niland

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

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18.

Goal 3: Promote the Visual Image of El Paso

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18.1.

ORDINANCE 018432

The City Clerk read an Ordinance entitled: 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

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

AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

ABSENT: Representative Niland

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

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18.2.

*Motion made, seconded, and unanimously carried to POSTPONE one week 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.

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19.

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

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19.1.

*Motion made, seconded, and unanimously carried to POSTPONE one week 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.

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20.

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

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20.1.

ORDINANCE 018433

The City Clerk read an Ordinance entitled: AN ORDINANCE VACATING THE CITY RIGHT-OF-WAY OVER A PORTION OF CEBADA STREET, DURAZNO AVENUE, ESTRELLA STREET AND ALL OF A 20 FOOT ALLEY BETWEEN CEBADA STREET AND ESTRELLA STREET AND A PORTION OF A 20 FOOT ALLEY BETWEEN CEBADA STREET AND LUNA STREET, CITY OF EL PASO, EL PASO COUNTY, TEXAS. SUBJECT PROPERTY: SOUTH OF GATEWAY EAST AND EAST OF PIEDRAS; PROPERTY OWNER: EL PASO WATER UTILITIES. SURW15-00011

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

AYES: Representatives Svarzbein, Romero, Acosta, Robinson, Noe, Ordaz, and Limón

NAYS: None

ABSENT: Representative Niland

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

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REGULAR AGENDA - OTHER BUSINESS

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21.

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

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21.1.

Report on Final Recommendations of the Hispanic Cultural Center Subcommittee.

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

Mr. Ben Fyffe, Museums and Cultural Affairs, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mr. Jaime Esparza and Nestor Valencia, Hispanic Cultural Center Subcommittee board members, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser and Representatives Svarzbein, Romero, Acosta, Noe, and Limón commented.

Mr. Tommy Gonzalez, City Manager, commented.

The following members of the public commented:

Ms. Corinne Chacon
Ms. Queta Fierro
Ms. Belen B. Robles
Ms. Rosa Guerrero
Mr. Fermin Dorado
Mr. F. Gus Sanchez
Mr. Hector Gonzales
Mr. Hector Gutierrez
Ms. Wally Cech

10. Mr. Carlos Rivera

11. Mr. Arnulfo Hernandez, Jr.

12. Mr. Miguel Juarez

13. Mr. Hector Montes

14. Ms. Carmen Rodriguez

NO ACTION taken on this item.

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22.

MAYOR AND COUNCIL

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22.1.

Discussion and action regarding compliance with the Texas Code of Criminal Procedure, Chapter 45, Articles 45.046 & 45.049.

1^st MOTION

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

2^ND MOTION

Motion made by Mayor Pro Tempore Noe, seconded by Representative Romero, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 1:03 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following:

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Acosta

Section 551.071 CONSULTATION WITH ATTORNEY

Section 551.072 DELIBERATIONS REGARDING REAL PROPERTY

Section 551.073 DELIBERATION REGARDING PROSPECTIVE GIFTS

Section 551.074 PERSONNEL MATTERS

Section 551.076 DELIBERATION REGARDING SECURITY DEVICES

Section 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS

3^RD MOTION

Motion made by Mayor Pro Tempore Noe, seconded by Representative Acosta, and unanimously carried to adjourn the Executive Session at 1:53 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Ordaz

4^TH AND FINAL MOTION

Motion made by Representative Ordaz, seconded by Mayor Pro Tempore Noe, and unanimously carried to DIRECT the City Manager to coordinate with Municipal Clerk to review the method used to disseminate information about the municipal court process and to share with City Council monthly municipal court statistics, also like to encourage the City Manager and Municipal Clerk to explore opportunities to facilitate appearance at the arraignment court and to review the collection process and programs, and to come back to City Council with recommendations within ninety days, understanding that there may be budgetary impacts.

Representative Ordaz commented.

Ms. Stephanie Welch, Texas Rio Grande Legal Aide, commented.

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22.2.

Discussion and action on a request that the Medical Center of the Americas quiet zones be placed as a priority project for Metropolitan Planning Organization (MPO) purposes. The MCA area is an economic driver of the community. The city is currently investing over $3 million annually in the area via the MCA Foundation, the Texas Tech School had been provided with $75 million for expansion in the area, the first Bio Medical Research building in the region is under construction, a new UMC medical clinic will also be built in the area in the next year. There are currently over 5,000 employees working within the different medical & school campuses. There is an increasing number of students; medical, nursing, and high school in the area. The hospitals and clinics are regularly full of patients that deserve to have a quiet atmosphere. The area merits a quiet zone in order to continue to expand the area with economic opportunities.

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

Representative Acosta presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Ms. Monica Lombrana, Director of Capital Improvement, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser and Representatives Romero, Robinson and Limón commented.

Mr. Tommy Gonzalez, City Manager, commented.

The following members of the public commented:

Mr. Joe Lopez, El Paso ISD
Ms. Emma Schwartz, MCA Foundation
Mr. Fred Borrego, San Juan Neighborhood
Mr. Rick Lange
Ms. Ann Duenez

NO ACTION taken on this item

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22.3.

Discussion and action on a request on a resolution on the Manor/Barker/Alameda construction concerns/issues/problems. These must be addressed before construction of these streets continues. Two community meetings have been held in the area with city staff attending and no resolution on the issues. Manor road was designed with a street choker and residents were not informed, persons residing in the area of the choker do not have enough access to their driveways, the turning lane from Alameda to Manor was narrowed, making it difficult for turning purposes. The construction continues. There have been 4 major design changes to the area without residents input.

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

Representative Acosta presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Ms. Monica Lombrana, Director of Capital Improvement, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representatives Romero, Acosta and Noe commented.

Mr. Tommy Gonzalez, City Manager, commented.

The following members of the public commented:

Mr. Pete Medrano
Ms. Ana Duenez, President of El Paso Lower Valley area
Mr. Scott White
Ms. Bea Sada
Mr. Willie Garcia
Ms. Catalina M. Garcia
Mr. Rafael Jaime

NO ACTION taken on this item

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22.4.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks the item for discussion and action on a request a status of the Vocational park completion. There is inadequate access for ADA persons accessing the fields, the lights have not been installed, the issue of weeds continues to plague the park, the slopes are too steep for patrons to walk into the fields and sod has not been placed on slopes, the playground equipment has not been installed, the walking path has not been installed.

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22.5.

Motion made by Representative Acosta, seconded by Representative Romero, and unanimously carried to POSTPONE one week the item for discussion and action on the status of the alternative projects for multimodal use: Riverbend, Resler, Viscount, Independence Pedestrian and Bicycle enhancements. The projects have been let, yet a status to the neighborhoods has not been provided. When will the contracts be on the agenda for award? What is the timeline for construction?

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22.6.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks the item for discussion and action on the status of the Alameda Brio system. When will the design be completed and when will the city ask for proposals to implement the system. This project has been in the works for 7 years. The constituents are requesting an update and a possible date of implementation. The Alameda corridor has the highest ridership and yet we have no information on the status of this project.

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22.7.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks the item for discussion and action on the status on the ordinance concerning dead trees in people’s homes. Constituents are concerned with dead trees falling and causing harm to neighbors.

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22.8.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks the item for discussion and action on the status of the CDBG projects approved, constituents are requesting a timeline. When will projects be let, when will construction begin on these projects?

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22.9.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks the item for discussion and action on the status of the NIP projects for the past two years, the NIP projects for the 1st and 2nd round of requests from neighborhood associations have not been implemented. What is the timeline for these projects to begin?

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22.10.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks the item for discussion and action on the status of the Playa Drain walk/bike trail between the PSB and the Community Foundation.

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22.11.

*Motion made, seconded, and unanimously carried to POSTPONE one week the item for discussion and action on the Florence Street Vacation per the applicant.

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22.12.

*Motion made, seconded, and unanimously carried to POSTPONE one week the item for discussion and action on staff providing adequate information and updates on the Riverbend Hike and Bike Trail.

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22.13.

*Motion made, seconded, and unanimously carried to POSTPONE one week the item for discussion and action on the Love Road Neighborhood Improvement Project.

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22.14.

Discussion and action on Formal Request to Appeal staff determination of ineligibility from the 42nd year of CDBG funding for Candlelighters Activity Center.

Representatives Robinson, Noe, and Limón commented.

The following City staff members commented:

Ms. Laura Gordon, Deputy City Attorney, gave legal advice.
Ms. Veronica Soto, Director of Community and Human Development

Mr. Scott Lynch, Candlelighters, commented.

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

NO ACTION to be taken on this item

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EXECUTIVE SESSION

Motion made by Mayor Pro Tempore Noe, seconded by Representative Acosta, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 1:53 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.087 to discuss any of the following:

ABSENT: Representative Niland

NOT PRESENT FOR THE VOTE: Representative Ordaz

Section 551.071 CONSULTATION WITH ATTORNEY

Section 551.072 DELIBERATIONS REGARDING REAL PROPERTY

Section 551.073 DELIBERATION REGARDING PROSPECTIVE GIFTS

Section 551.074 PERSONNEL MATTERS

Section 551.076 DELIBERATION REGARDING SECURITY DEVICES

Motion made by Representative Robinson, seconded by Representative Romero, and unanimously carried to adjourn the Executive Session at 3:07 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

ABSENT: Representative Niland

EX1.

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

NO ACTION to be taken on this item

EX2.

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

NO ACTION to be taken on this item

EX3.

PUC Docket No. 44800, SOAH Docket No. 473-15-5259 -Application of EPEC to Implement a Voluntary Community Solar Power Pilot Program in Texas. (551.071)

NO ACTION to be taken on this item

EX4.

Texas Gas Service Company, a division of ONE Gas, Inc., El Paso Area Rate Review (551.071)

NO ACTION to be taken on this item

EX5.

City of El Paso v. Currey Adkins Cook, 210th District Court, Cause No. 2011-1886; Matter No. 11-1006-003 (551.071)

Motion made by Representative Romero, seconded by Mayor Pro Tempore Noe and unanimously carried that the City Attorney’s Office be authorized settlement authority in this case entitled City of El Paso v. Currey Adkins Cook, pending in the 210th District Court of El Paso County, Texas, under Cause No. 2011-1886. The City Attorney’s Office is authorized to sign all documents to effectuate this authority under Matter No. 11-1006-003 as recommended by the City Attorney.

ABSENT: Representative Niland

EX6.

*Motion made, seconded, and unanimously carried to POSTPONE one week the item regarding EP Hotel Partners, LP et al v. City of El Paso, et al, No. 2014DCV0727, in the County Court at Law Number 5, El Paso County, Texas. (Section 551.071)

EX7.

H.B. No. 1964 convention center hotel projects (Section 551.071 and Section 551.087)

Motion made by Representative Romero, seconded by Representative Acosta and unanimously carried that the CITY OF EL PASO authorizes the City Manager to propose uses of House Bill 1964 from the 84^th Texas Legislature for convention center hotel project development in downtown El Paso.

ABSENT: Representative Niland

EX8.

Motion made by Representative Romero, seconded by Representative Acosta, and unanimously carried to POSTPONE one week the item regarding monthly update from Legal Department regarding pending litigation, claims, real estate transactions and contract negotiations. (Sections 551.071, 551.072, 551.074 and 551.087)

ABSENT: Representative Niland

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ADJOURN

Motion made by Representative Limón, seconded by Mayor Pro Tempore Noe, and unanimously carried to ADJOURN this meeting at 3:30 p.m.

ABSENT: Representative Niland

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APPROVED AS TO CONTENT:

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Richarda Duffy Momsen, City Clerk