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

November 26, 2019

COUNCIL CHAMBERS, CITY HALL

9:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

November 25, 2019

9:00 AM

ROLL CALL

INVOCATION BY POLICE, FIRE AND CIMA HOSPICE CHAPLAIN,

 SAM L. FARAONE

PLEDGE OF ALLEGIANCE

Mayor, Council, and Staff family members at the invitation of Mayor Dee Margo

Emma Margo

Lilliana Margo

Mieka Meza

Jacob Esquivel

Brissa Arriaga

Leandra Cabezuela

Kyle Gonzales

Phillip Gonzales

Everly Nicole Rasa

Alec Shu Pien Morales

Joseph Ford Alcantar

Carolina Beth Garis

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 November 12, 2019, the Special City Council Meeting of April 23, 2019, the Work Session of May 13, 2019 and the Special Meeting of November 18, 2019.

All Districts

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

(Attachment)

(Attachment)

(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 to authorize the City Manager to sign a Southern Industrial Park Site Lease between the City of El Paso ("Lessor") and Shaudra Company, Inc., ("Lessee") for a portion of Lot 4, Block 2B, El Paso International Airport Tracts, Unit 4, City of El Paso, El Paso County, Texas municipally known and numbered as 6460 Hiller, El Paso, Texas.

The lease term is 40 years with one (1) ten-year option. The site is 71,919.363 square feet at $0.40 per square foot and the annual rental rate is $28,767.75, an increase of $22,243.23 over the previous annual rate.

District 3

Aviation, Monica Lombraña, (915) 212-7301

(Attachment)

4.

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

4.1.

A Resolution that the closure of rights-of-way within the City of El Paso for the Sun Bowl Thanksgiving Parade from 3:00 a.m. to 2:00 p.m. on Thursday, November 28, 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 Copia St. between La Luz Ave. and Tularosa 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. (CSEV19-00123)

Districts 2 and 8

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

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

(Attachment)

(Attachment)

5.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

5.1.

That the Mayor be authorized to sign an Interlocal Agreement between the Department of State Health Services, Office of Border Health ("System Agency"), and the City of El Paso, Texas ("City"), on behalf of its Department of Public Health, for the development of the Paso del Norte Binational Health Council's 2020 Strategic Plan, with payment by the System Agency to the City for services rendered in an amount not to exceed $15,000.00.

All Districts

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

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

6.

Goal 3: Promote the Visual Image of El Paso

6.1.

Chris Cummings to the City Plan Commission by Representative Peter Svarzbein, District 1.

Representative Peter Svarzbein, (915) 212-1002

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

7.

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

7.1.

Carleen Barth to the Capital Improvements Advisory Committee by Representative Sam Morgan, District 4.

Representative Sam Morgan, (915) 212-0004

(Attachment)

7.2.

Rose Lucero to the Zoning Board of Adjustment, as an alternate member, by Representative Henry Rivera, District 7.

Representative Henry Rivera, (915) 212-0007

(Attachment)

8.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

8.1.

Larry Dean Sanders to the Veterans Affairs Advisory Committee by Representative Cissy Lizarraga, District 8.

Representative Cissy Lizarraga, (915) 212-0008

(Attachment)

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

9.

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

9.1.

That the tax refund 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:

10.

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

10.1.

For notation pursuant to Section 2.92.110 of the City Code, receipt of the following campaign contributions by Mayor Margo: $1,000 from Karl Maahs and Karla Olivas, $1,000 from Clement and Amy Marcus, and $1,000 from Meyer and Melinda Marcus.

Mayor Dee Margo, (915) 212-1051

10.2.

For notation pursuant to Section 2.92.110 of the City Code, receipt of campaign contributions by Representative Cassandra Hernandez in the amounts of $1,500 from Maria Teran; $1,000 from Stanley Jobe; $500 from Debroah Kastrin; $1,000 from Manuel Moreno; $400 from Joseph Moody; $500 from Rodrigo Fernandez; $1,000 from Miguel Fernandez.

Representative Cassandra Hernandez, (915) 212-0003

CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

11.

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

11.1.

Request that the Director of Purchasing & Strategic Sourcing be authorized to issue a Purchase Order to Third Gen, LLC DBA Triple-S Janitorial Supply referencing Contract 2018-1358 Pool Chemicals – Parks and Recreation Facilities. This will be a change order to increase the contract by $60,300.00 for a total amount not to exceed $311,670.00 for the initial term. The change order will cover expenses for providing pool-cleaning chemicals for the four (4) Water Parks.

Contract Variance: The cost for this change order is the same as in the original contract. There is no variance.

Department:                            Parks and Recreation

Award to:                                 Third Gen, LLC DBA Triple-S Janitorial Supply

                                               El Paso, TX                                         

Total Estimated Amount:        $60,300.00

Account No.:                           451-51245-521260-1000-P5125/26/27/28

Funding Source:                     General Fund

Districts:                                  All

All Districts

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

Parks and Recreation, Tracy Novak, (915) 212-1708

(Attachment)

CONSENT AGENDA - BIDS:

12.

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

12.1.

The award of Solicitation 2020-100 Snelson Drive Street Improvements to Horizone Construction I, Ltd. for an estimated total award of $383,452.25. The purpose of the project is to improve safety by enhancing pedestrian and ADA facilities, drainage improvements and reconstruction of Snelson Drive.

Department:                   Capital Improvement

Award to:                       Horizone Construction I, Ltd

                                      El Paso, TX

Items:                             All

Initial Term:                    270 Consecutive Calendar Days

Base Bid I:                     $185,281.58

Base Bid II:                    $121,722.13

Base Bid III:                   $76,448.54

Total Estimated Award: $383,452.25

Account No.:                  190-28900-4740-580270-PCP20ST004

Funding Source:            2013 Street Infrastructure Certificates of Obligation

Districts:                         6

This is a Low Bid procurement, unit price contract.

The Purchasing & Strategic Sourcing Department and Capital Improvement Departments recommend award as indicated to Horizone Construction I, Ltd, lowest responsive and responsible bidder, and that Grass Masters, LLC be deemed non-responsive for not providing the correct bid bond.

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 6

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

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

(Attachment)

(Attachment)

CALL TO THE PUBLIC – PUBLIC COMMENT

Call to the Public will begin at 12:00 p.m.  Requests to speak must be received by 9:00 a.m. on the date of the meeting.  Sixty minutes in total will be devoted for Call to the Public. This time is reserved for members of the public who would like to address the City Council on items that are not on the City Council Agenda.

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

REGULAR AGENDA - 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.

13.

Goal 3: Promote the Visual Image of El Paso:

13.1.

An Ordinance changing the zoning of a portion of Lot 5, Block 6, Castner Range Subdivision No. 1, 4800 Woodrow Bean Transmountain Drive, City of El Paso, El Paso County, Texas from R-4 (Residential) to C-3 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed rezoning 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: 4800 Woodrow Bean Transmountain Drive. Property Owner: MIMCO. PZRZ19-00030

District 4

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON DECEMBER 17, 2019

13.2.

An Ordinance amending the Future Land Use Map (FLUM) contained in "Plan El Paso"  for the properties legally described as Section 22, 23, 26, and 27, Block 80, Township 2, Texas and Pacific Railway Company Survey; and a Portion of Lot 1, Block 2, Butterfield Trail Aviation Park #2; and Lot 2, Block 2, Butterfield Trail Aviation Parks #2 Replat; and Lots 3 to 15, Block 2, and Lots 1 and 2, Block 3, Butterfield Trail Aviation Park #3, City of El Paso, El Paso County, Texas, from O7, Urban Expansion to G7, Industrial. The proposed comprehensive plan amendment is in accordance with the policies of Plan El Paso, the City’s Comprehensive Plan. Subject Property: 100 Global Reach Drive. Property Owner: City of El Paso. PLCP19-00002

District 2

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON DECEMBER 17, 2019

13.3.

An Ordinance changing the zoning of Section 22, 23, 26, and 27, Block 80, Township 2, Texas and Pacific Railway Company Survey; and a Portion of Lot 1, Block 2, Butterfield Trail Aviation Park #2; and Lot 2, Block 2, Butterfield Trail Aviation Parks #2 Replat; and Lots 3 to 15, Block 2, and Lots 1 and 2, Block 3, Butterfield Trail Aviation Park #3, City of El Paso, El Paso County, Texas from SCZ (SmartCode Zone) to C-4 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed rezoning 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: 100 Global Reach Drive. Property Owner: City of El Paso. PZRZ19-00022

District 2

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

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON DECEMBER 17, 2019

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

14.

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

14.1.

Discussion and action on the request that the Director of the Purchasing and Strategic Sourcing Department be authorized to issue a Purchase Order(s) to Morpho USA, Inc. dba Idemia Identity & Security USA LLC. Morpho USA, Inc. dba Idemia Identity & Security USA LLC is the sole source of license and maintenance services for their Automated Fingerprint Identification Systems. This software supports and stores the data necessary to analyze, match and retrieve fingerprint images.

Department:                      Police

Award to:                          Morpho USA, Inc. dba Idemia Identity & Security                                           USA LLC

                                          Billerica, MA

Total Estimated Award:    $223,664.00

Account No.:                     239-1000-15240-P1506-522020

Funding Source:               General Fund

District(s):                         All

Reference No.:                 2020-383

This is a Sole Source, requirements 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 and Strategic Sourcing, Bruce D. Collins, (915) 212-1181

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

(Attachment)

15.

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

15.1.

Discussion and action that the City Manager is authorized to sign the Guaranteed Maximum Price Amendment to the Standard Form of Agreement by and between the City of El Paso and Jordan Foster Construction (“Design Builder”) for the project known as “Hawkins Boulevard Reconstruction 2018-1613”, to accept and incorporate the Design-Builder’s Guaranteed Maximum Price Proposal and establishing the Guaranteed Maximum Price (“GMP”) for the project in the amount of Nine Million Six Hundred Two Thousand Three Hundred Twenty Three and 27/100 dollars ($9,602,323.27); and

That the City Manager or Designee be authorized to approve contract changes which are necessary for proper executing of the work and carrying out the intent of the project, which are in accordance with applicable law and do not make changes to the prices and are within the appropriate budget; 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.

District 3

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

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

(Attachment)

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

16.

Goal 3: Promote the Visual Image of El Paso

16.1.

An Ordinance releasing a condition placed on property by Ordinance No. 7595 which changed the zoning of a portion of Lot 17, Block 193, Vista Del Sol Unit Thirty Three, 3012 Lee Trevino Drive, City of El Paso County, Texas. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed condition release 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: 3012 Lee Trevino Drive. Property Owner: EP JJJJ, LP. PZCR19-00007

District 3

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

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

(Attachment)

(Attachment)

16.2.

An Ordinance changing the zoning of the East 168 feet of Tract 84, Sunrise Acres, City of El Paso, El Paso County, Texas from R-4 (Residential) to R-5 (Residential). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed rezoning 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: 8435 Leo Street. Property Owner: Casas Diamantina, LLC. PZRZ19-00006

District 2

Planning and Inspections, Philip Etiwe, 915-212-1550

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

(Attachment)

16.3.

An Ordinance granting a Special Privilege license to Crosspointe Joint Venture for the continued use and maintenance of a sign which serves as advertisement for the shopping center within a portion of city right-of-way along Hondo Pass adjacent to the property located at 4717 Hondo Pass, El Paso, Texas; setting the license term for a term of twenty years (20) with one (1) renewable Twenty (20) year term. Subject Property: 4717 Hondo Pass Property Owner: Crosspointe Joint Venture NESV2019-00011

District 4

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

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

(Attachment)

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

17.

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

17.1.

Discussion and action that the City Manager is authorized to sign a termination agreement, or other similar instrument, terminating the Ground Lease with GWR El Paso Property Owner, LLC, dated October 25, 2018.

All Districts

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

Economic and International Development, Eddie Garcia, (915) 212-1570

(Attachment)

(Attachment)

17.2.

Discussion and action that the City Manager be authorized to sign a Ground Lease in a form substantially similar to the attached document by and between CITY OF EL PASO (“City”) and GWR EL PASO PROPERTY OWNER LLC, a Delaware limited liability company, (together with its successors and assigns) in support of the development, construction, and operation of a new Convention Center and Convention Center Hotel located at 7850 Paseo Del Norte Boulevard, El Paso, Texas 79912, El Paso County.

All Districts

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

Economic and International Development, Eddie Garcia, (915) 212-1570

(Attachment)

(Attachment)

17.3.

Discussion and action that the City Manager be authorized to sign a Memorandum of Understanding, in a form substantially similar to the attached document, by and between the City, the Downtown Management District, and El Paso County memorializing their relationship as members of the Brownfield Assessment Coalition.

District 1

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

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

(Attachment)

(Attachment)

18.

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

18.1.

Discussion and action on a Resolution authorizing the Mayor to sign the Certificate of the Highest Elected Official attached to the Resolution in conjunction with the proposed by Alamito Public Facilities Corporation (the “Issuer”), a public facility for the Housing Authority of the City of El Paso, in the amount of $30,000,000 for the Jackie Robinson Memorial Apartments project.

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

(Attachment)

19.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

19.1.

Discussion and action on a resolution approving recommendations, as set forth in Exhibit A, for the Neighborhood Improvement Program (NIP) Round 4 projects funded under the 2012 Quality of Life (QOL) bond. Total funding available for this current round is $3,134,356 that includes rollover funds from previous rounds.

All Districts

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

(Attachment)

(Attachment)

20.

MAYOR AND COUNCIL

20.1.

Discussion and action for City Council to approve a Resolution to establish a 2019 Public Safety Bond Overview Advisory Committee (PSBOAC).

All Districts

Representative Alexsandra Annello, (915) 212-0002

Representative Cassandra Hernandez, (915) 212-0003

(Attachment)

20.2.

Discussion and action directing the City Manager to explore implementation of the following recommendations made by the Uptown Parking Benefit District Advisory Committee: 1) that the parking meter hours of operation within the District be extended from the existing hours of 8:00 am to 12:00 am to 8:00 am to 3:00 am; and 2) that there be 68 additional parking meters installed along Robinson St., Boston St., and Mississippi St. and the Uptown Parking Benefit District fund be used to cover the cost of installation in an amount not to exceed $34,000.

District 1

Representative Peter Svarzbein, (915) 212-1002

(Attachment)

(Attachment)

21.

MANAGEMENT UPDATES

21.1.

Budget Update.

All Districts

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

(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/