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

December 8, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

AND

LEGISLATIVE REVIEW MEETING OF THE WHOLE

300 N. CAMPBELL

MAIN CONFERENCE ROOM, 2^ND FLOOR

December 7, 2015

9:00 AM

ROLL CALL

INVOCATION BY RABBI BEN ZEIDMAN

PLEDGE OF ALLEGIANCE

The El Paso Bandits Intermediate Football Team

Trey E. Cochran

Andrew Martinez

Sam López

Vince Valdez

Samuel M. Valadez

Gabriel G. Valadez

Isaiah Chavez

Ivan Gutierrez

Erik A. Marin

NOTICE TO THE PUBLIC

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

CONSENT AGENDA - APPROVAL OF MINUTES:

1.

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

1.1.

Approval of Minutes for the Regular City Council Meeting of December 1, 2015, the Legislative Review Meeting of the Whole of November 30, 2015, and the Special City Council Meeting of November 30, 2015 .

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

(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 3: Promote the Visual Image of El Paso

3.1.

That the City Council approves to waive the requirement that an application for infill development meet two criteria as stated in Section 20.10.280A when only one factor is met, for the property located at 9522 North Loop Drive, legally described as Tract 5D, Block 3, Ysleta Grant, City of El Paso, El Paso County, Texas.

District 6

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

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

(Attachment)

4.

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

4.1.

Amendment of Enabling Resolution for Hispanic Cultural Center Subcommittee to extend term.

All Districts

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

(Attachment)

5.

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

5.1.

That the City Manager be authorized to sign a Lease Agreement by and between the CITY OF EL PASO and the NATIONAL RAILROAD PASSENGER CORPORATION, d/b/a AMTRAK for the lease of identified premises and facilities in Union Depot, for use in operating its rail passenger service in El Paso, Texas for a ten year term and two five year options to renew.

District 8

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

Mass Transit, Jay Banasiak, (915) 212-3301

(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 Socorro, Texas, for the period of September 1, 2015 through August 31, 2016, for the provision of public health services by the City of El Paso to the City of Socorro, for which the City of Socorro shall pay to the City of El Paso an annual amount of ONE HUNDRED NINETY FIVE THOUSAND ONE HUNDRED EIGHTY SIX AND 00/100 DOLLARS ($195,186.00).

All Districts

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

(Attachment)

6.2.

That the City Manager be authorized to sign all contracts and documents with the Texas Department of Housing and Community Affairs (TDHCA) for sixth round Homeless Housing and Service Program (HHSP) funds in the amount of $446,389, and with the agencies approved for HHSP funds, as specified in the Resolution, as well as amendments to such contracts which add or reduce funding when such amendments are consensual, including the de-obligation of funds by mutual termination; and authorizing the City Manager to take any actions necessary to accomplish the intent of this resolution and to sign all Certifications, Performance Reports, and any agreements or related documents for TDHCA or agency HHSP activities upon approval by the City Attorney’s Office and Director of Community and Human Development.

All Districts

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

Community and Human Development, Anthony Shaar, (915) 212-1658

(Attachment)

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

7.

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

7.1.

Audrey Ann Marrufo to the Ethics Review Commission by Representative Larry Romero, District 2.

Representative Larry Romero, (915) 212-0002

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

8.

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

8.1.

Sito Negron to Historic Landmark Commission by Representative Peter Svarzbein, District 1.

Representative Peter Svarzbein, (915) 212-1000

(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 A)

All Districts

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

(Attachment)

CONSENT AGENDA - NOTICE FOR NOTATION:

10.

Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community

10.1.

In accordance with Ordinance No. 017112 - 2.92.040 and Texas Penal Code Section 36.07 and 36.08

To accept the airfare, meals and hotel accommodations made by HCREO for Rep. Limón as a participant of the on the 2015 HCREO ( Hispanic Council for Reform and Educational Options) Summit held Nov. 5 – 7, 2015, in Orlando, Florida.

To accept the airfare, meals and hotel accommodations made by NALEO for Rep. Limón as a participant of the 2015 NALEO Policy Institute on the Role of STEM & Career Technical Education in Addressing America’s Skilled Worker Shortage held November 20 – 21, 2015 in San Antonio, TX.

Representative Lily Limón, (915) 212-0007

(Attachment)

CONSENT AGENDA - BIDS:

11.

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

11.1.

The Capital Improvement and Purchasing & Strategic Sourcing Department recommend rejection of all proposals received for Solicitation No. 2016-023, Rehabilitation of International Bridges at Stanton and Santa Fe (Re-Bid).

Texas Government Code Section 2269.154 stipulates “Not later than the 45th day after the date on which the proposals are opened, the governmental entity shall evaluate and rank each proposal submitted in relation to the published selection criteria.”  The process of evaluating the proposals within the 45 day period was not completed.

All Districts

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

Capital Improvement, Monica Lombrana, (915) 212-0065

(Attachment)

MAYOR’S PROCLAMATIONS

1.

Dr. Gregory Rocha Day

2.

Greater El Paso All-Star Football Showcase Day

3.

Navidad de La Fe Luminarias Day

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.

MAYOR AND COUNCIL

12.1.

Discussion and action regarding the appointment of one individual in the Communications, Public Administration or Education position of the Public Service Board as recommended by the El Paso Water Utilities Public Service Board Selection Committee:

Communications, Public Administration or Education:

1.         Kristina Mena

2.         Lisa Garibay

3.         Marybeth Stevens

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

12.2.

Brio Infill Incentive Policy Agenda item

Discussion and action establishing Transit Oriented Development (TOD) incentives (e.g. fee waivers, expedited permitting, reduced parking, zoning density bonuses) and infill policies along BRIO Station transit corridors, based upon programs in Phoenix, AZ and Dallas, TX.

Representative Peter Svarzbein, (915) 212-1000

(Attachment)

12.3.

Discussion and action relative to increasing the City of El Paso’s role at promoting renewable energy (solar) and the development of a Renewable Energy & Sustainability Committee.

Representative Peter Svarzbein, (915) 212-1000

(Attachment)

12.4.

Discussion and action regarding a Resolution that the City of El Paso re-appoint Joyce Wilson as a regular appointee to the Central Appraisal District Board of Directors for a new term that commences on January 1, 2016.

Mayor Oscar Leeser, (915) 212-0021

(Attachment)

12.5.

Discussion and action regarding a Resolution that the City of El Paso re-appoint Jerry Romero as a regular appointee to the Central Appraisal District Board of Directors for a new term that commences on January 1, 2016.

Mayor Oscar Leeser, (915) 212-0021

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

13.1.

An Ordinance amending Title 5 – Business License and Permit Regulations – Chapter 5.12 – Dealers in Secondhand Goods, Dealers in Crafted Precious Metals, Coin Dealers, and Pawnbrokers – relating to revisions to definitions; revisions to records requirements; revisions to accessibility of retained goods; revisions to inspection of goods and records; and revisions to exclusions.

All Districts

Police Department, Michelle Gardner, (915) 564-7301

(Attachment)

PUBLIC HEARING WILL BE HELD ON DECEMBER 15, 2015

14.

Goal 8: Nurture and Promote a Healthy, Sustainable Community:

14.1.

An Ordinance amending Title 9 (Health and Safety), Chapter 9.12 (Food and Food Handling Establishments), Sections 9.12.005 (Texas Food Establishment Rules-Adopted); 9.12.007 (Applicability); 9.12.010 (Definitions); 9.12.130 (Required); 9.12.220 (Required); 9.12.800 (Mobile Establishments); and 9.12.810 (Temporary, Recurrent, and Seasonal Establishments), to adopt the most recent changes to the Statewide Texas Food Establishment Rules; the penalty as provided in Section 9.12.890 of the El Paso City Code.

All Districts

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

(Attachment)

PUBLIC HEARING WILL BE HELD ON DECEMBER 15, 2015

REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

15.

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

15.1.

Discussion and action on the award of Solicitation No. 2015-709R (Traffic Violation Collection Services) to Delgado, Acosta, Spencer, Linebarger, & Perez, LLP, for an initial three (3) term in the estimated amount of $4,535,693.46.  The award is to include two (2) one year options in the amount of $3,023,795.64 for a total five (5) year award of $7,559,489.10.

Department:                                  Municipal Clerk

Vendor:                                          Delgado, Acosta, Spencer, Linebarger, &

                                                      Perez, LLP

                                                      El Paso, Texas

Item(s):                                          All

Initial Term:                                   3 years

Option to Extend:                          Two, one year options

Annual Estimated Award;             $1,511,897.82

Initial Term Estimated Award:       $4,535,693.46 (3 years)

Total Estimated Award:                 $7,559,489.10 (5 years)

Account No.:                                 111-11030-1000-203400

Funding Source:                            Collection Agency Payable

District(s):                                      All

This is a Request for Proposal service contract.

The Purchasing & Strategic Sourcing and Municipal Clerk recommend award as indicated to Delgado, Acosta, Spencer, Linebarger, & Perez LLP, 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.

All Districts

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

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

(Attachment)

15.2.

Discussion and action on the award of Solicitation No. 2016-251 Apparatus Tires to Redburn Tire Company, for an initial three (3) year term in the estimated amount of $557,486.34.

Department:                            Fire Department

Award to:                                Redburn Tire Company

                                                Sunland Park, NM

Item(s):                                   All

Initial Term:                             3 years

Annual Estimated Award:       $185,828.78

Total Estimated Award:          $557,486.34 (3 years)

Account No.:                           322-22090-531180-1000-P2216

Funding Source:                     General Fund – Vehicle Maintenance Supplies

District(s):                               All

This is a Low Bid, unit price contract.

The Purchasing & Strategic Sourcing and Fire Department recommend award as indicated to Redburn Tire Company, the lowest, responsive and responsible bidder.

American Tire Distributors does not have after hours emergency delivery and due to manufacturer regulations pricing was only available for a twelve month period. It is recommended that they be deemed non-responsive.

Bridgestone Americas Tire Operations, LLC dba GCR Tires of Service Np. 829 omitted to submit the bid form and it is recommended that they be deemed non-responsive.

All Districts

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

El Paso Fire Department, Samuel Pena, (915) 485-5610

(Attachment)

16.

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

16.1.

Discussion and action to award Solicitation 2016-270 El Paso Zoo Wildlife Theater and Educational Animal Holding to DANTEX CONSTRUCTION, CO. for an estimated total amount of $1,981,308.00.

Department:                            El Paso Zoo

Award to:                                Dantex Construction, Co.

                                                El Paso, TX

Total Estimated Award:          $1,981,308.00

Account No.:                           580220-190-4800-29020- PCP13ZOOB03/

                                                PCP13ZOOD09

Funding Source:                     2012 Quality of Life Bonds

District(s):                               8

This is a Competitive Sealed Proposal, lump sum contract.

The Purchasing & Strategic Sourcing Department and El Paso Zoo recommend award as indicated to Dantex Construction, Co., the bidder offering the best value bid.

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 Capital Improvement 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.

District 8

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

Capital Improvement, Monica Lombrana, (915) 212-0065

(Attachment)

17.

Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community

17.1.

Discussion and action of the award of Solicitation No. 2016-021 KCOS Studio Equipment for the City of El Paso to 5280 Broadcast, Inc., for an initial award of $409,664.88.  The award is to include an option to purchase additional quantities at the same price for the amount of $409,664.88 of additional units for a total award of $819,329.76.

Department:                         Communication and Public Affairs

Award to:                             5280 Broadcast, Inc.

                                             Centennial, CO

Item(s):                                All

Option:                                 To purchase 100% at the same unit price if

                                             exercised within 60 days from date of award.

Payment Terms:                  Net 30 days

Initial Award Amount:          $409,664.88

Total Award Amount:           $819,329.76 (purchase of 100% of additional

                                             quantities)

Account No.:                        999-99997-2322-580270

Funding Source:                  Data Processing Equipment

District(s):                            All

This is a low bid procurement.

The Purchasing & Strategic Sourcing and the Communication and Public Affairs recommend award to 5280 Broadcast, Inc., the lowest responsive, responsible bidder.  In accordance with this award; the City Manager or designee is authorized to exercise future options as needed.

All Districts

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

Communication and Public Affairs, Juliet Lozano, (915) 212-1075

(Attachment)

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

18.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

18.1.

An Ordinance amending Ordinance No. 017380,Title 9 (Health and Safety), Chapter 9.04 (Solid Waste Management) to delete redundant Sections including types of permits in Section 9.04.961, the application for permits in Section 9.04.962, Vehicle Standards and Markings in Sections 9.04.963, term of permit in Section 9.04.964, permit transferability in Section 9.04.965, violation of permit in Section 9.04.966, and appeal from denial, suspension, revocation in Section 9.04.967 of the El Paso City Code.

All Districts

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

(Attachment)

18.2.

An Ordinance amending Title 9 (Health and Safety), Chapter 9.11 (Tree Care), to amend Section 9.11.010G (General Provisions) to declare dead trees a nuisance; clarifying the delivery of notice of the City's Order; and adding an appeal to City Manager; the penalty as provided in Section 9.11.010H of the City Code.

All Districts

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

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

19.

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

19.1.

Discussion and action that the City Manager be authorized to sign a Chapter 380 Grant Agreement by and between the City of El Paso, a home-rule municipality of El Paso County, Texas and First Texas Products Corporation, a Texas Corporation for the construction of its new facility for its manufacturing operations within the city limits of the City of El Paso.

All Districts

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

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

(Attachment)

20.

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

20.1.

Discussion and action on El Paso’s Electric Company’s Application to Change Rates.

City Attorney’s Office, Brie L. Franco, (915) 212-0033

(Attachment)

21.

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

21.1.

Discussion and action that the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the Camino Real Regional Mobility Authority (CRRMA), for the period of December 8, 2015 through project completion and acceptance by the City of El Paso, for the construction of a portion of the project described as CBD IV along Father Rahm Ave. and Kansas St., for which the City of El Paso shall pay to the CRRMA $2,231,958.15 (TWO MILLION TWO HUNDRED AND THIRTY ONE THOUSAND NINE HUNDRED AND FIFTY EIGHT DOLLARS AND FIFTEEN CENTS).

All Districts

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

(Attachment)

21.2.

Discussion and action that the Mayor be authorized to sign an Interlocal Agreement between the City of El Paso and the Camino Real Regional Mobility Authority (CRRMA), for the period of December 8, 2015 through project completion and acceptance by the City of El Paso, for the construction of a project described as the Development of Winn Road, for which the City of El Paso shall pay to the CRRMA the current project budget of $505,086.20 (FIVE HUNDRED AND FIVE THOUSAND EIGHTY SIX DOLLARS AND TWENTY CENTS) and any additional funding received by the City for the project, as approved by the City Manager or designee.

All Districts

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

(Attachment)

22.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

22.1.

Discussion and action on the City of El Paso's process to issue support for Low Income Housing Tax Credit Developments.

All Districts

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

(Attachment)

EXECUTIVE SESSION

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

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

EX1.

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

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

EX2.

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

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

EX3.

Economic Incentives for the Construction of a Hotel to be located in the City of El Paso. (551.087)

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

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/