City Council

Oscar Leeser

Peter Svarzbein, District 1

Mayor

Jim Tolbert, 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

November 1, 2016

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

October 31, 2016

9:00 AM

ROLL CALL

INVOCATION BY RABBI BEN ZEIDMAN

PLEDGE OF ALLEGIANCE

Vietnam Veterans of America Chapter 574

NOTICE TO THE PUBLIC

All matters listed under the CONSENT   AGENDA, including those on the Addition to the Agenda, will be considered by   City Council to be routine and will be enacted by one motion unless separate   discussion is requested by Council Members. Prior to the vote, members of the   audience may ask questions regarding items on the consent agenda. When the vote   has been taken, if an item has not been called out for separate discussion,   the item has been approved. Council may, however, reconsider any item at any   time during the meeting

CONSENT AGENDA - APPROVAL OF MINUTES:

1.

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

1.1.

Approval of Minutes for the Regular City Council Meeting of October 18, 2016 and the Legislative Review Meeting of the Whole of October 17, 2016.

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

(Attachment)

(Attachment)

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

2.

REQUEST TO EXCUSE CITY COUNCIL MEMBERS:

CONSENT AGENDA - RESOLUTIONS:

3.

Goal 3: Promote the Visual Image of El Paso

3.1.

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

All Districts

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

(Attachment)

3.2.

That the City Manager be authorized to sign a Local Transportation Project Advance Funding Agreement by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the Downtown El Paso Pedestrian Wayfinding Program, a Surface Transportation Program Project an estimated total project cost of $859,040.00, with an estimated City participation amount of $161,600.00 for which Transportation Development Credits will be used.

District 8

Capital Improvement Department , Omar Moreno (915) 212-1838

(Attachment)

3.3.

That the City Council approves a Change Order for the Spray Parks Phase I, Contract No. 2016-268R, in the amount of Sixty Seven Thousand Fifty Two and 00/100 Dollars ($67,052.00) for the purchase of security cameras and additional cost to the installation of up lighting. The change order amount is to be paid by the Contingency Funds and does not change the Guaranteed Maximum Price for the Project.

Districts 2, 3, 4, and 7

Capital Improvement Department, Andrew Goh (915) 212-0065

(Attachment)

3.4.

That the City Manager be authorized to sign the first amendment to the Agreement for Professional Services by and between the City of El Paso and Mijares-Mora Architects, Inc.  a Texas corporation, for a project known as "Checked Baggage Inspection Screening System", for an amount not to exceed One Hundred Forty Seven Thousand Eight Hundred Seventy Four and 00/100 DOLLARS ($147,874.00); for a total contract amount not to exceed Nine Hundred Eighteen Thousand Seven Hundred Twenty Eight and 00/100 Dollars ($918,728.00); and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this agreement.  Funding source: PFC and TSA

All Districts

Capital Improvement Department, Andrew Goh (915) 212-0065

(Attachment)

4.

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

4.1.

That in conformity with Section 3.5 of the City Charter, the regular City Council meeting scheduled for December 27, 2016 is hereby rescheduled for December 20, 2016; and the regular meetings of the City Council for the 2017 calendar year will resume on January 10, 2017

All Districts

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

(Attachment)

4.2.

That the City finds that John S. Jr. Hayworth and Thomas C. Hayworth 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 $12.84 is approved.

All Districts

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

(Attachment)

5.

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

5.1.

That the City Manager be authorized to execute an Underground Electrical and Transformer Pad Easement between the City of El Paso as Grantor and El Paso Electric Company as Grantee, said easement on a portion of Lot 1, Block 13, Butterfield Trail Industrial Park Number 3, El Paso, El Paso County, Texas and more particularly shown on Exhibit “A” and Exhibit “B which is attached and incorporated to the easement for all purposes. This will allow United Parcel Service to build certain tenant improvements to its leased premises located at 23 Spur Drive, El Paso, Texas.

District 2

Capital Improvement Department, Andrew Goh, (915) 212-0065

(Attachment)

6.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

6.1.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the City of Anthony, Texas, (“City of Anthony”) for the period of September 1, 2016 through August 31, 2017, for the provision of public health and environmental services by the City of El Paso to the City of Anthony, for which the City of Anthony shall pay to the City of El Paso an annual amount of SIXTY TWO THOUSAND ONE HUNDRED THIRTEEN DOLLARS AND NO/100 ($62,113.00). [POSTPONED FROM 10-18-2016]

All Districts

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

(Attachment)

6.2.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the Town of Clint Texas, (“Town of Clint”) for the period of September 1, 2016 through August 31, 2017, for the provision of public health and environmental services by the City of El Paso to the Town of Clint, for which the Town of Clint shall pay to the City of El Paso an annual amount of TWELVE THOUSAND SIX HUNDRED SIX DOLLARS AND NO/100 ($12,606.00). [POSTPONED FROM 10-18-2016]

All Districts

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

(Attachment)

6.3.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and Town of Horizon City, Texas, ("Town of Horizon City") for the period of September 1, 2016 through August 31, 2017, for provision of animal services by the City of El Paso to the Town of Horizon City, for which the Town of Horizon City shall pay to the City of El Paso an annual amount of ONE HUNDRED SEVENTY-ONE THOUSAND FOUR HUNDRED THIRTY-SEVEN AND NO/100 ($171,437.00).

All Districts

Animal Services, Kurt Fenstermacher, (915) 212-7297

(Attachment)

6.4.

That the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and Town of Clint, Texas, ("Town of Clint") for the period of September 1, 2016 through August 31, 2017, for provision of animal services by the City of El Paso to the Town of Clint, for which the Town of Clint shall pay to the City of El Paso an annual amount of THIRTY-FOUR THOUSAND SEVEN HUNDRED TWO AND NO/100 ($34,702.00).

All Districts

Animal Services, Kurt Fenstermacher, (915) 212-7297

(Attachment)

6.5.

That the Mayor be authorized to sign an Interlocal Cooperation Contract, No. 53700-6-0000149916, between the City of El Paso (the "City") and the Texas Department of State Health Services ("DSHS"), for the City to provide DSHS with laboratory analyses of milk samples, for a renewal term ending on August 31, 2017, on a fee-for-service/ unit rate basis.

All Districts

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

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

7.

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

7.1.

Re-appointment of Omar Veliz, P.E., to the Construction Board of Appeals.

Representative Emma Acosta, (915) 212-0003

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

8.

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

8.1.

Appointment of Jerry Pippins to the Parks and Recreation Advisory Board.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

8.2.

Appointment of Elizabeth Ann Bulos to the Museums and Cultural Affairs Advisory Board.

City  Representative Emma Acosta, (915) 212-0003

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

9.

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

9.1.

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

All Districts

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

(Attachment)

CONSENT AGENDA - BIDS:

10.

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

10.1.

The award of Solicitation No. 2016-1231 for Stiles Park Improvements to BLACK STALLION CONTRACTORS INC. for an estimated award of $217,479.54.

Department:                            Capital Improvement

Award to:                                BLACK STALLION CONTRACTORS INC.

                                                El Paso, TX

Item(s):                                   All

Initial Term:                             120 Consecutive Calendar Days

Base Bid:                                $ 217,479.54

Total Estimated Award:          $ 217,479.54

Funding Source                      580270-471-71240-2400-G7141CD42

District(s):                               3

This is a low bid, lump sum contract.

The Purchasing & Strategic Sourcing Department and Capital Improvement Department recommend award as indicated to BLACK STALLION CONTRACTORS INC., the lowest responsive, responsible bidder and that Unks Construction, Inc. be deemed non-responsive for failure to submit correct bid bonds.

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.

As a part of this award, upon the review of the City Attorney, the City Engineer may without further authorization from City Council approve contract changes, which are necessary for proper execution of the work and carrying out the intent of the project, which are in accordance with applicable law, do not make changes to the prices and are within the appropriate budget.

District 3

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

Capital Improvement Department, Andrew Goh, (915) 212-0065

(Attachment)

10.2.

The Capital Improvement Department and Purchasing & Strategic Sourcing Department recommend rejection of all bids received for Solicitation 2016-1245, Neighborhood Improvement Program (NIP) Round II Sandstone Ranch Estates Park Improvements due to all bids exceeding the cost estimate.

District 4

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

Capital Improvement Department, Andrew Goh, (915) 212-0065

(Attachment)

11.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

11.1.

The award of Solicitation 2016-1224 Neighborhood Improvement Program (NIP) Round II - East Cave Park Improvements to BLACK STALLION CONTRACTORS INC for an estimated total amount of $88,489.90.

Department:                             Capital Improvement

Award to:                                  BLACK STALLION CONTRACTORS INC

                                                 El Paso, TX

Item(s):                                     All

Initial Term:                              120 Consecutive Calendar Days

              Base Bid:                    $88,489.90

Total Estimated Award:            $88,489.90

Account No.:                            190-4800-29010-580040-PCP15NIPD5A

                                                 190-4800-29010-580270-PCP15NIPD5A

                                                 451-2210-51480-580040-PCP15NIPD5A

Funding Source:                       2012 Quality of Life Bonds

District(s):                                 5

This is a Low bid, unit price contract.

The Purchasing & Strategic Sourcing and Capital Improvement Departments recommend award as indicated to BLACK STALLION CONTRACTORS 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 City Engineer may without further authorization from City Council approve contract changes which are necessary for proper execution of the work and carrying out the intent of the project, which are in accordance with applicable law, do not make changes to the prices and are within the appropriate budget.

District 5

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

Capital Improvement, Andrew Goh, (915) 212-1808

(Attachment)

MAYOR’S PROCLAMATIONS

1.

Veterans Day

2.

Veterans Nonprofit Day

3.

Prematurity Awareness  Month

4.

El Paso Giving Day

RECOGNITIONS

Sergeant Darrell L. Turner

District 3’s 2016 Movies Under the Stars Sponsors and Partners

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

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

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

REGULAR AGENDA - OTHER BUSINESS

12.

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

12.1.

Discussion and action on a Resolution that the City Manager be authorized to execute a Chapter 380 Economic Development Incentive Agreement between the City of El Paso and TOPGOLF USA EL PASO, LLC for the development of a Sports-based Entertainment Facility known as Topgolf® to be located in El Paso, TX.  [POSTPONED FROM 10-18-2016]

District 8

Economic and International Development, Cary Westin, (915) 212-1614

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

(Attachment)

REGULAR AGENDA - FIRST READING OF ORDINANCES

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

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

13.

Goal 3: Promote the Visual Image of El Paso:

13.1.

An Ordinance granting Special Permit No. PZST16-00022, to allow for infill development with a reduction in the required parking on the property described as Lot 1, Block 1, Sherman Subdivision Replat A, 4531 Blanco 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. Property Owner: Housing Authority of the City of El Paso. PZST16-00022 (District 8)

District 8

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

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

PUBLIC HEARING WILL BE HELD ON NOVEMBER 29, 2016

13.2.

An Ordinance changing the zoning of the real property known as: Being all of Tract 3, J.L. Johannsen Survey No. 185, City of El Paso, El Paso County, Texas, from R-3 (Residential) to S-D (Special District) Pursuant to Section 20.04.360, and providing a Detailed Site Development Plan Pursuant to Section 20.04.150 and 20.10.360 of the El Paso City Code. The Penalty is as provided for in Chapter 20.24 of the El Paso City Code to allow for Other Retail (low-volume), Professional Offices, & Self- Storage Warehouses. Subject Property: 5980 Johannsen Rd. Owner: Johannsen Development Group, Inc.   PZRZ16-00019 (District 1)

District 1

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON NOVEMBER 29, 2016

14.

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

14.1.

An Ordinance amending Ordinance 8065 (Civil Service Rules and Regulations), to amend Rule No. 8 to revise Section 8 addressing Formal Counseling.

All Districts

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON NOVEMBER 15, 2016

15.

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

15.1.

Amend Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.180 - No stopping or standing-Tow-away zone) to restrict parking on JC Cramer Lane, the penalty being as provided in section 12.88.180(F) of the El Paso City Code.

District 3

Streets and Maintenance, Ted Marquez, (915) 212-0151

(Attachment)

PUBLIC HEARING WILL BE HELD ON NOVEMBER 15, 2016

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

16.

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

16.1.

Discussion and action on the request that the Director of Purchasing & Strategic Sourcing Department be authorized to issue purchase orders to Motorola Solutions, Inc. referencing the State of Texas Department of Information Resources (DIR) Contract #DIR-SDD-2203 for the purchase of equipment and technical services in support of the new El Paso County 911 District facility.  The City has made the determination that purchasing from this cooperative offers the most cost-effective pricing.  

The participation by the City of El Paso in the Department of Information Resources (DIR) was approved by Mayor and Council on 2/27/2007.

Department:                                        Information Technology

Vendor:                                               Motorola Solutions, Inc.

                                                            El Paso, Texas

Total Estimated Amount:                    $509,930.76   

Account No.:                                       190-28310-580100-4500-PCP10IT02A0                                                             

Funding Source:                                 2010 Certificates of Obligation

Reference No:                                    2017-406

District(s):                                           All

This is a Cooperative, equipment and service contract.

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

All Districts

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

Information Technology, Enrique Martinez, (915) 212-1400

(Attachment)

17.

Goal 3: Promote the Visual Image of El Paso

17.1.

Discussion and action on the award of Solicitation No. 2016-1238 Grounds Maintenance-City Facilities to Delta Unlimited, Inc. dba Delta Pest Control & Lawn Service for an initial term estimated award of $523,923.00. The award is to include a two (2) year optional amount of $349,282.00 for a total five (5) year award of $873,205.00.

Department:                                        Streets & Maintenance

Award to:                                            Delta Unlimited, Inc. dba Delta Pest Control & Lawn Service

                                                            El Paso, TX

Item(s):                                               All

Initial Term:                                        3 years

Option to Extend:                                2 years

Annual Estimated Award:                   $ 174,641.00

Initial Term Estimated Award:            $ 523,923.00 (3 years)

Total Estimated Award:                      $ 873,205.00 (5 Years)

Account No.:                                                   532 – 31040 – 522260 – 1000 - P312

Funding Source:                                             General Fund – Building Facilities                                                             Maintenance Contracts

District(s):                                           All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing Department and Streets & Maintenance Department recommends award to Delta Unlimited, Inc. dba Delta Pest Control & Lawn Service, the bidder offering the best value bid. In accordance with this award the City Manager or designee is authorized to exercise future options if needed.

The Purchasing & Strategic Sourcing Department and Streets & Maintenance Department recommend Green Scene Inc. be deemed non-responsive, due to not providing the required state license-Texas Department of Agriculture (TDA) Structural Pest Control Service.

All Districts

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

Streets and Maintenance, Ted Marquez, (915) 212-7015

(Attachment)

18.

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

18.1.

Discussion and action on the request that the Director of Purchasing & Strategic Sourcing Department be authorized to exercise the City’s option to extend current Contract 2014-048 Books and Media in English and Spanish for Adults, Juveniles with Brodart Company for two (2) additional years pursuant to the provisions of an award approved by the City Council on January 28, 2014.  The extended contract period will be from November 1, 2016 to October 31, 2018.

Department:                                      Library

Award to:                                           Brodart Company

                                                          Williamsport, PA

Option:                                               One [of One]

Annual Estimated Amount:               $965,239.43

Total Estimated Amount:                  $1,930,478.86 (2 years)

Account No.:                                     453 – 53010 – 1000 - 531030

Funding Source:                                General Fund– Publication and                                                           Subscriptions

District(s):                                          All

All Districts

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

Libraries, Margaret Neill,  (915) 212-1240

(Attachment)

19.

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

19.1.

Discussion and action on the award of Solicitation No. 2017-004R Fully Insured Advantage Plan Only; Under 65 Years Fully Insured Retiree Group Medical and Prescription Drug Plan to Aetna Life Insurance Company for a total estimated award of $6,982,221.60.  The award is to include two, one-year optional amount of $13,964,443.20 for a total three (3) year award of $20,946,664.80.  The period of performance is from January 1, 2017 through December 31, 2017.

Department:                                        Human Resources

Award to:                                                         Aetna Life Insurance Company

                                                            Hartford, CT

Item(s):                                               All

Option:                                                Two, One-year options

Annual Estimated Award:                   $6,982,221.60

Initial Term Estimated Award:            $6,982,221.60 (1 year)

Option Total                                        $13,964,443.20 (2 years)

Total Estimated Award:                      $20,946,664.80 (3 years)

Account No.:                                       209 – 3500 –  501000 - 14045 – P1414

Funding Source:                                 Self-Insurance Fund – Non-Uniform Wages and Salaries

District(s):                                           All

This is a Request for Proposal, service contract.

The Purchasing & Strategic Sourcing Department and Human Resources recommend award as indicated to Aetna Life Insurance Company, the highest ranked proposer based on evaluation factors established for this procurement. In accordance with this award the City Manager or designee is authorized to exercise future options if needed.

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

All Districts

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

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

(Attachment)

20.

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

20.1.

Discussion and action that the City Manager be authorized to sign an agreement by and between the City of El Paso and Atkins North America, Inc., to perform professional and program management services for a project known as “MANAGEMENT OF TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) AND FEDERAL HIGHWAY ADMINISTRATION (FHWA) FUNDED PROGRAMS No. 2016-590R” on a Work Authorization basis to be compensated pursuant to 48 C.F.R. Part 31, Federal Acquisition Regulations (FAR 31) based on the auditable overhead rate, on an hourly rate and unit prices, dependent on the funding received by the City for TxDOT and FHWA project and available City funds for an amount not to exceed Thirteen Million and No/100 Dollars ($13,000,000), which City Council may increase as additional TxDOT and FHWA funding becomes available, for a term of forty eight (48) months with two (2) one-year options to extend to be exercised by the City Manager or Designee; and that a proposed budget will be provided when a Local Transportation Project Advance Funding Agreement for each project is present to City Council; and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of the Agreement.

All Districts

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

Capital Improvement, Andrew Goh, (915) 212-1845

(Attachment)

20.2.

Discussion and action that the City Manager be authorized to sign an agreement by and between the City of El Paso and HNTB Corporation, to perform professional and program management services for a project known as “MANAGEMENT OF TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) AND FEDERAL HIGHWAY ADMINISTRATION (FHWA) FUNDED PROGRAMS No. 2016-590R” on a Work Authorization basis to be compensated pursuant to 48 C.F.R. Part 31, Federal Acquisition Regulations (FAR 31) based on the auditable overhead rate, on an hourly rate and unit prices, dependent on the funding received by the City for TxDOT and FHWA project and available City funds for an amount not to exceed Thirteen Million and No/100 Dollars ($13,000,000), which City Council may increase as additional TxDOT and FHWA funding becomes available, for a term of forty eight (48) months with two (2) one-year options to extend to be exercised by the City Manager or Designee; and that a proposed budget will be provided when a Local Transportation Project Advance Funding Agreement for each project is present to City Council; and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of the Agreement.

All Districts

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

Capital Improvement, Andrew Goh, (915) 212-1845

(Attachment)

20.3.

Discussion and action on the award of solicitation 2016-832, Dyer Corridor Rapid Transit System to Jordan Foster Construction, LLC for an estimated total amount of $12,087,564.05.

Department:                                Capital Improvement

Award to:                                     Jordan Foster Construction, LLC

                                                    El Paso, TX

Item(s):                                        All

Initial Term:                                 368 Consecutive Calendar Days

Base Bid 1:                                  $ 6,668,936.85

Base Bid 2:                                  $ 3,939,247.70

Base Bid 3:                                  $    180,109.00

Base Bid 4:                                  $     273,440.00

Additive Alternate 1X:                 $     297,720.50

Additive Alternate 2X:                 $     728,110.00

Total Estimated Award:               $12,087,564.05

Account No.:                               190-38170-580270-4950-PCP11MT040

                                                    190-28330-580270-4530-PCP11MT040

                                                    190-60070-580270-3210-PCP11MT040

Funding Source:                          Texas Department of Transportation

                                                    2011 Transportation Certificates of Obligation

                                                    FTA

District(s):                                    2, 4 and 8

This is a low bid, unit price contract.

The Purchasing & Strategic Sourcing Department and Capital Improvement Department recommend award as indicated to Jordan Foster Construction, LLC, 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 part of this award, upon the review of the City Attorney, the City Manager or designee may without further authorization from City Council approve contract change orders necessary for proper contract administration in accordance with Texas Department of Transportation (TXDOT) requirements which do not revise the estimated award and change orders that are in accordance with applicable law.

Districts 2, 4, and 8

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

Capital Improvement Department, Andrew Goh, (915) 212-0065

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

21.

Goal 3: Promote the Visual Image of El Paso

21.1.

An Ordinance granting Special Permit No. PZST16-00019, to allow for infill development with reduced side street yard setback on the property described as Lot 31 & 32, Block 7, Morningside Heights Addition, 3300 Jackson 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. Property Owner: Terry Sanchez. PZST16-00019

District 2

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

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

21.2.

An Ordinance granting Special Permit No. PZST16-00020, to allow for infill development with reduced side street yard setback, rear yard setback and cumulative front and rear yard setback on the property described as Lot 1, Block 1, Scotsdale Unit Two, 9958 Lockerbie 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. Property Owner: Richard and Ingrid Moreno. PZST16-00020

District 3

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

Planning and Inspections, Jeff Howell, (915) 212-1607

(Attachment)

21.3.

An Ordinance changing the zoning of Lot 4 and the west half of Lot 5, Block 16, Franklin Heights Addition, 1108 Myrtle Ave., City of El Paso, El Paso County, Texas from C-4/H (Commercial/Historic) to R-MU/H (Residential Mixed-Use/Historic) and approving a Master Zoning Plan. The Penalty is as provided for in Chapter 20.24 of the El Paso City Code.  Subject Property: 1108 Myrtle Ave.; Owner: Bemity Global LLC. PZRZ16-00015

District 8

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

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

(Attachment)

21.4.

An Ordinance amending Title 20 (Zoning), Chapter 20.02 (Definitions), Section 20.02.426 (Group Residential Facility); and Chapter 20.10 (Supplemental Use Regulations), Section 20.10.265 (Group Residential Facilities), and Section 20.10.270 (Home Occupation Use) to clarify size and licensing requirements for these uses.  The penalty is as provided for in Chapter 20.24 (Enforcement-Penalty) of the El Paso City Code.

All Districts

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

Planning and Inspections, Raul Garcia, (915) 212-1643

(Attachment)

21.5.

An Ordinance amending Title 20 (Zoning), Chapter 20.18 (Sign Regulations), Article III (Billboard Regulations), Section 20.18.270 (Relocation of Billboards) to revise the height requirements for relocated billboards; the penalty being as provided for in Chapter 20.24 of the El Paso City Code.

All Districts

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

Planning and Inspections, Raul Garcia, (915) 212-1643

(Attachment)

22.

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

22.1.

An Ordinance amending Ordinance 018564 (Ordinance levying 2017 taxes) to correct a scrivener’s error.

All Districts

Office of Management and Budget, Robert Cortinas, (915) 212-1092

(Attachment)

23.

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

23.1.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules, Section 12.88.180 (No Stopping or Standing - Tow Away Zone), paragraph A (No Parking or Standing, Tow Away Zone), of the El Paso City Code, 106. Pendale, Road, the penalty being as provided in section 12.88.180(F) of the El Paso City Code.

District 7

Streets and Maintenance, Ted Marquez, (915) 212-0151

(Attachment)

23.2.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.030 (Schedule III - Parking prohibited at all times on certain streets), to prohibit parking along a portion of Manor Place, the penalty being as provided in section 12.88.180(F) of the El Paso City Code.

District 3

Streets and Maintenance, Ted Marquez, (915) 212-0151

(Attachment)

23.3.

An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.180 (No stopping or standing - Tow-away zone),  El Paso City Code, to delete Subsection K (Parking restrictions on Hopewell Drive, Mettler Drive, and Sunburst Drive), the penalty being as provided in section 12.85.

District 3

Streets and Maintenance, Ted Marquez, (915) 212-0151

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

24.

Goal 3: Promote the Visual Image of El Paso

24.1.

Discussion and action that the City Manager be authorized to sign a Local Transportation Project Advanced Funding     Agreement by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the City of El Paso Street Median and Parkway Landscaping project for Redd Road, Resler Dr., Montwood Dr., Airway Blvd., George Dieter, and Sean Haggerty corridors, which has an estimated total project cost of $6,909,760.00 of which the estimated local government participation amount is $1,315,600.00;  and that Transportation Development Credits will be used to cover the local participation amount for the City.

Districts 1, 3, 4, 6, and 7

Capital Improvement Department, Omar Moreno (915) 212-1838

(Attachment)

25.

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

25.1.

Update, presentation and discussion of Youth Football rule changes concerning reducing the risk of concussion to El Paso young athletes.

All Districts

Parks and Recreation, Paula Powell, (915) 212-1709

(Attachment)

26.

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

26.1.

Discussion and action on approving the City of El Paso's Legislative Agenda for the 85th Texas Legislative Session.

All Districts

City Attorney's Office, Lupe Cuellar, (915) 270-0632

(Attachment)

27.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

27.1.

Update on Animal Services progress.

All Districts

Animal Services, Kurt Fenstermacher, (915) 212-7297

(Attachment)

28.

MAYOR AND COUNCIL

28.1.

Discussion and action regarding adoption of a City Council policy which would require a 2 week delay before council may vote to approve any City project which requires a major expenditure in order to allow opportunity for public input between the date of the announcement of the project and the approval by City Council.  All Districts

Representative Jim Tolbert, (915) 212-0002

(Attachment)

28.2.

Discussion and action on a Resolution supporting  federal legislation that would establish a National Smithsonian American Latino Museum and designate the Arts and Industries Building as its future location in Washington, D.C.

Representative Lily Limón,  (915) 212-0007

(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.

Discussion and action on the following:

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

EX1.

Claim against Pedro Natera, our file no. 16-1018-060; (551.071)

City Attorney’s Office, Maria Guadalupe Martinez (915) 212-1105

EX2.

Statement of Intent of Texas Gas Service Company, a division of ONE Gas, Inc., to Increase Gas Utility Rates Within the Unincorporated Areas of the El Paso Service Area, Permian Service Area, and Dell City Service Area, Railroad Commission of Texas, Gas Utilities Docket No. 10506. (551.071)

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

EX3.

Application of El Paso Electric Company to Implement a Voluntary Community Solar Pilot Program in Texas. (551.071)

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

EX4.

Economic Incentives for a Mixed Use Development to be located in the City of El Paso. (551.087)

Economic and International Development, Cary Westin,  (915) 212-1614

EX5.

Canaan, Carina and Levi Lane v. City of El Paso, Texas; Our Matter No. 16-1065-068 (551.071)

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

EX6.

EP Hotel Partners, LP et al v. City of El Paso, EP Vida, LLC; CC-5; #2014DCVV0727 (551.072)

City Attorney's Office, Marvin Foust, (915) 212-0033

EX7.

Real estate acquisitions for the 2012 Quality of Life signature project for the Multipurpose Cultural and Performing Arts Center (551.071, 551.072)

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

ADJOURN

NOTICE TO THE PUBLIC:

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

Hearing Assistance Devices are available upon request.

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

http://www.elpasotexas.gov/