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

December 8, 2015

COUNCIL CHAMBERS, CITY HALL

8:00 AM

 

…………………………………………………………………………………………………….

 

 

ROLL CALL

The City Council met in regular session at the above place and date.  Meeting was called to order at 8:04 a.m.  Mayor Oscar Leeser present and presiding and the following Council Members answered roll call:  Larry Romero, Emma Acosta, and Lilia Limón.  Late arrivals:  Carl Robinson at 8:10 a.m., Cortney Niland at 8:10 a.m., Peter Svarzbein at 8:15 a.m., Claudia Ordaz at 8:18 a.m. and Michiel Noe at 9:19 a.m.  The invocation was given by Rabbi Ben Zeidman, followed by the Pledge of Allegiance to the Flag of the United States of America

 

 

…………………………………………………………………………………………………….

 

 

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 – CONSENT AGENDA

Motion made by Alternate Mayor Pro Tempore Romero, seconded by Representative Niland, 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, Ordaz, Limón, and Niland

NAYS: None

NOT PRESENT FOR THE VOTE: Representatives Robinson and Noe

 

 

…………………………………………………………………………………………………….

 

 

CONSENT AGENDA - APPROVAL OF MINUTES:

 

 

……………………………………………………………………………………………………..

 

 

1.

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

 

 

………………………………………………………………………………………………………………

 

 

1.1.

*Motion made, seconded, and unanimously carried to APPROVE 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.

 

 

…………………………………………………………………………………………………….

 

 

CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

 

 

……………………………………………………………………………………………………..

 

 

2.

REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

NO ACTION taken on this item.

 

 

…………………………………………………………………………………………………….

 

 

CONSENT AGENDA - RESOLUTIONS:

 

 

……………………………………………………………………………………………………..

 

 

3.

Goal 3: Promote the Visual Image of El Paso

 

 

………………………………………………………………………………………………………………

 

 

3.1.

*R E S O L U T I O N

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

            That the City Council hereby waives the two factor requirement to designate a property with an infill development overlay pursuant to Municipal Code 20.10.280A for the following property legally described as Tract 5D, Block 3, Ysleta Grant, 9522 North Loop Drive, City of El Paso, El Paso County, Texas.

 

 

……………………………………………………………………………………………………..

 

 

4.

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

 

 

………………………………………………………………………………………………………………

 

 

4.1.

R E S O L U T I O N

            WHEREAS, on November 6, 2012, the voters of the City of El Paso, Texas approved the issuance of general obligation bonds for the purposes of constructing new and improved amenities for parks and recreation facilities, open space improvements, libraries, museums, the Zoo, neighborhood improvements, and cultural and performing arts facilities;

            WHEREAS, on December 18, 2012, the City Council approved a resolution based upon a finding that it is in the best interest of the citizens of El Paso to establish a Bond Overview Advisory Committee to review the progress of the 2012 Bond Issue Projects and to provide oversight and feedback to City staff with regard to project expenditures and implementation; and

            WHEREAS, on February 24, 2015, the City Council amended the Resolution establishing the 2012 Bond Overview Advisory Committee to create a subcommittee of the Bond Overview Advisory Committee to advise the City Council and the Bond Overview Advisory Committee on matters related to the Hispanic Cultural Center; and

            WHEREAS, on May 5, 2015, the City Council further amended the February 24, 2015 Resolution to expand the duties of the Hispanic Cultural Center Subcommittee.

            WHEREAS, the City Council desires to now amend the May 5, 2015 Resolution, the February 24, 2015 Resolution, and the December 18, 2012 resolution to allow the members of the Subcommittee to continue to serve and to expand the duties of the Hispanic Cultural Center Subcommittee.

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

1.         That the February 24, 2015 Resolution which established the Hispanic Cultural Center Subcommittee is hereby amended as follows:

(a)  The Paragraph D. Sunset is deleted. 

(b)  The Paragraph B.1 Terms is amended to read as follows:

1.    Each member of the City Council shall nominate two members to The Hispanic Cultural Center Subcommittee.  Appointments to vacancies that occur shall be filled by appointment by the Mayor and City Council.

2.         That the May 5, 2015 Resolution is hereby amended as follows:

(c)  Paragraph C. Duties is amended to read as follows:

C.        Duties - The Hispanic Cultural Center Subcommittee shall assist with the development of the Hispanic Cultural Center by advising the City Council and BOAC on the following: 

1.    The size of the Hispanic Cultural Center

2.    An appropriate budget for the construction of the Hispanic Cultural Center

3.    Resources for enhancing existing budget

4.    Facility program and amenities

5.    The types of services to be offered within the Hispanic Cultural Center

6.    Recommendations regarding funding opportunities

7.    Recommendations regarding public/private partnerships

8.    Means for fundraising

9.   Recommendations regarding the name of the Hispanic Cultural Center

10. Recommendations regarding the general area of the Hispanic Cultural Center, proximity to public amenities, transit, etc. 

11. Review and provide input on the City’s programmatic study on the use of the Abraham Chavez Theater for the Hispanic Cultural Center.

 

The Subcommittee shall not engage in negotiations regarding specific real estate or discussions regarding specific real estate except as those discussions are related to the programmatic study of the Abraham Chavez Theater.

3.         Except as herein amended, the December 18, 2012 Resolution creating the BOAC and the February 24, 2015 Resolution establishing the Hispanic Cultural Center Subcommittee, and the May 5, 2015 Resolution amending the Hispanic Cultural Center Subcommittee shall remain in full force and effect.

 

Mayor Leeser and Representatives Acosta and Limón commented.

 

Mr. Ben Fyffe, Museums and Cultural Affairs commented.

 

1ST MOTION

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

 

2ND AND FINAL MOTION

Motion made by Representative Acosta, seconded by Alternate Mayor Pro Tempore Romero, and unanimously carried to APPROVE the Resolution.

NOT PRESENT FOR THE VOTE: Representative Noe

 

 

……………………………………………………………………………………………………..

 

 

5.

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

 

 

………………………………………………………………………………………………………………

 

 

5.1.

*R E S O L U T I O N

WHEREAS, by agreement dated July 5, 1978, the City leased to the National Railroad Passenger Corporation (“AMTRAK”), certain office and other space located in the Union Depot building located at 700 San Francisco Street, El Paso, Texas (hereinafter “Union Depot”), for use by AMTRAK in operating its rail passenger service in El Paso, Texas (“July 5, 1978 Agreement”); and

            WHEREAS, by agreement dated May 9, 1989, the City leased to AMTRAK, additional office space located in Union Depot, for use by AMTRAK in operating its rail passenger service in El Paso, Texas (“May 9, 1989 Agreement”); and

            WHEREAS, by agreement dated January 24, 1995, the rental amount for the office space leased pursuant to the May 9, 1989 Agreement (“January 24, 1995 Agreement”), was readjusted; and

            WHEREAS, the City desires to lease certain space to AMTRAK and City and AMTRAK desire to consolidate the July 5, 1978 Agreement, the May 9, 1989 Agreement and the January 24, 1995 Agreement;

            NOW, THEREFORE, BE IT RESOLVED BY THE MASS TRANSIT DEPARTMENT BOARD OF THE CITY OF EL PASO:

            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.

 

 

……………………………………………………………………………………………………..

 

 

6.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

 

 

………………………………………………………………………………………………………………

 

 

6.1.

*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 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).

 

 

………………………………………………………………………………………………………………

 

 

6.2.

*R E S O L U T I O N

            WHEREAS, on November 10, 2009, the City Council for the City of El Paso authorized the City Manager to sign and submit an application to the Texas Department of Housing and Community Affairs (TDHCA) for a two-year Homeless Housing and Services Program (HHSP) grant in the amount of $1,626,459 in General Revenue Funds that the City utilized to fund, until May 31, 2011, eligible operation and direct service costs of 14 non-profit, homeless service providers in the El Paso community; and

            WHEREAS, on September 15, 2011, the 2nd Round of HHSP funding was identified by the Texas Legislature as a high priority, and through the enactment of Senate Bill 1 and Senate Bill 2, provided that the City of El Paso’s initial funding award be amended to include an additional ($70,078) of General Revenue Funds and also awarded ($51,461) in Below Market Interest Rate (BMIR) Funds and ($271,442) in Housing Trust Funds (HTF) from September 1, 2011 to December 31, 2012, which the City utilized to contract with six non-profit homeless service providers for eligible homelessness prevention services and construction/rehabilitation activities in the El Paso community; and

            WHEREAS, TDHCA secured 3rd Round HHSP funding in May 2012, in the form of Housing Trust Funds ($251,433) and Bond Revenue Funds ($173,938), to award to the City of El Paso for the period of October 1, 2012 through August 31, 2013, which the City utilized to contract with the County of El Paso and two non-profit homeless service providers for eligible homelessness prevention/assistance activities in the El Paso community; and

            WHEREAS, TDHCA secured General Revenue Funds in the amount of $414,975 to the City of El Paso under the 4th Round of HHSP funding for the period of October 1, 2013 through August 31, 2014, which the City used to contract with the County of El Paso and two non-profit homeless service providers for eligible homelessness prevention/assistance activities in the El Paso community; and

            WHEREAS, TDHCA secured General Revenue Funds in the amount of $442,223 to the City of El Paso under the 5th Round of HHSP funding for the period of September 1, 2014 through December 31, 2015, which the City used to contract with the County of El Paso and two non-profit homeless service providers for eligible homelessness prevention/assistance activities in the El Paso community; and

            WHEREAS, on September 9, 2015, TDHCA requested that the City submit a combined Program Budget and Performance Statement for the 6th Round of HHSP funding by September 21, 2015, and released the contract on November 24, 2015; and

            WHEREAS, TDHCA secured General Revenue Funds in the amount of $446,389 to award to the City of El Paso under the 6th Round of HHSP which will operate under a single contract, for the period of September 1, 2015 through September 30, 2016, for eligible homelessness prevention and homeless assistance activities in the El Paso community; and

            WHEREAS, the Community and Human Development Department, after obtaining input from the El Paso Coalition for the Homeless members and service providers, recommends awarding the $446,389 in 6th Round HHSP General Revenue Funds to:  (1) Administration Costs ($30,170); (2) Center Against Sexual and Family Violence ($24,108) for Housing Staff Costs and Financial Assistance – Homeless Assistance; (3) County of El Paso ($221,589) for Financial Assistance – Homelessness Prevention; (4) El Paso Human Services ($20,500) for Housing Staff Costs and Financial Assistance – Homelessness Prevention; (5) Project Vida ($89,660) for Case Management Salary, Housing Staff Costs, and Financial Assistance – Homelessness Prevention; (6) The Salvation Army ($47,862) for Case Management and Financial Assistance – Homelessness Prevention; and (7) Youth Count Texas ($12,500) to assist TDHCA in the coordination of a study on homeless and unstably housed youth per House Bill 679, at the request of TDHCA, as detailed in Exhibit “A” attached hereto.

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

1.         That the City Manager be authorized to sign all contracts and documents with the State of Texas, and with the five agencies identified in the recitals above for 6th Round HHSP funds.  The City Manager is authorized herein to sign amendments to such contracts which add to or reduce funding when such amendments are consensual, including the de-obligation of funds by mutual termination; and

2.         That the City Manager be authorized to take any actions necessary to accomplish the intent of this resolution and be authorized 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 Department.

 

 

…………………………………………………………………………………………………….

 

 

CONSENT AGENDA - BOARD RE-APPOINTMENTS:

 

 

……………………………………………………………………………………………………..

 

 

7.

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

 

 

………………………………………………………………………………………………………………

 

 

7.1.

*Motion made, seconded, and unanimously carried to RE-APPOINT Audrey Ann Marrufo to the Ethics Review Commission by Representative Larry Romero, District 2.

 

 

…………………………………………………………………………………………………….

 

 

CONSENT AGENDA - BOARD APPOINTMENTS:

 

 

……………………………………………………………………………………………………..

 

 

8.

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

 

 

………………………………………………………………………………………………………………

 

 

8.1.

*Motion made, seconded, and unanimously carried to DELETE the appointment of Sito Negron to Historic Landmark Commission by Representative Peter Svarzbein, District 1.

 

 

…………………………………………………………………………………………………….

 

 

CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

 

 

……………………………………………………………………………………………………..

 

 

9.

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

 

 

………………………………………………………………………………………………………………

 

 

9.1.

*Motion made, seconded, and unanimously carried that the following tax refunds be APPROVED, subject to auditor approval:

1.    Colorado Springs 2 LLC in the amount of $4,177.99 overpayment on January 31, 2014 of 2013 taxes.  (Geo. # C839-999-0010-0100)

2.    DHPJ LLC in the amount of $9,457.19 overpayment on November 17, 2015 of 2015 taxes.  (Geo. # P861-999-0010-0160)

 

 

…………………………………………………………………………………………………….

 

 

CONSENT AGENDA - NOTICE FOR NOTATION:

 

 

……………………………………………………………………………………………………..

 

 

10.

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

 

 

………………………………………………………………………………………………………………

 

 

10.1.

*Motion made, seconded, and unanimously carried to APPROVE a notation 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.

 

 

…………………………………………………………………………………………………….

 

 

CONSENT AGENDA - BIDS:

 

 

……………………………………………………………………………………………………..

 

 

11.

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

 

 

………………………………………………………………………………………………………………

 

 

11.1.

1ST MOTION

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

 

2ND AND FINAL MOTION

Motion made by Representative Acosta, seconded by Representative Romero, and unanimously carried to REJECT 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.

NOT PRESENT FOR THE VOTE: Representative Noe

 

Mayor Leeser and Representatives Acosta and Niland commented.

 

Mr. Bruce Collins, Director of Purchasing and Strategic Sourcing, commented.

 

 

…………………………………………………………………………………………………….

 

 

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

The following members of the public commented:

  1. Ms. Wally Cech
  2. Mr. Salvador Gomez

 

 

…………………………………………………………………………………………………….

 

 

REGULAR AGENDA - OTHER BUSINESS

 

 

……………………………………………………………………………………………………..

 

 

12.

MAYOR AND COUNCIL

 

 

………………………………………………………………………………………………………………

 

 

12.1.

R E S O L U T I O N

WHEREAS, a vacancy in the El Paso Water Utilities Public Service Board will occur on December 31, 2015 with the expiration of the term of Katherine Brennan in the communication, public administration or education position; and,

WHEREAS, the City ofEl Paso adopted Ordinance Number 017167 which requires that any vacancy in the membership of the El Paso Water Utilities Public Service Board be filled by the City Council; and,

WHEREAS, the City of El Paso by Resolution established the El Paso Water Utilities Public Service Board Selection Committee, to be comprised ofthe members of the Public Service Board and such additional members as appointed by the City Council to assist City Council in selecting eligible candidates to fill the vacancy; and,

WHEREAS, under the Resolution, the El Paso Water Utilities Public Service Board Selection Committee reviews resumes submitted by persons interested in filling the vacant position and submits to the City Council the names and the ranking of three eligible candidates; and,

WHEREAS, a quorum of the El Paso Water Utilities Public Service Board Selection Committee met on November 18, 2015 pursuant to the Texas Open Meetings Act and approved the nomination, ranking and recommendation of eligible candidates for consideration and appointment by City Council;

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

THAT, a quorum of the El Paso Water Utilities Public Service Board Selection Committee met on November 18, 2015 pursuant to the Texas Open Meetings Act and approved the nomination, ranking and recommendation to the City Council the following candidates to fill a vacancy on the El Paso Water Utilities Public Service Board:

Communications, Public Administration or Education

1.    Kristina Mena

2.     Lisa Garibay

3.    Marybeth Stevens

THAT, the El Paso City Council hereby appoints      Kristina Mena to fill the vacancy on the El Paso Water Utilities Public Service Board for the communication, public administration or education position. The term of appointment shall commence on January 1, 2016 and shall be for a four (4) year term.

 

Ms. Kristina Mena, citizen, commented.

 

Motion made by Representative Acosta, seconded by Representative Limón, and unanimously carried to APPROVE the Resolution.

NOT PRESENT FOR THE VOTE: Representative Noe

 

 

………………………………………………………………………………………………………………

 

 

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

 

Ms. Jessica Herrera, Redevelopment Manager, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

Mayor Leeser and Representatives Limón, Acosta, Robinson, and Niland commented.

 

The following City staff members commented:

  1. Mr. Tommy Gonzalez, City Manager
  2. Mr. Cary Westin, Director of Economic and International Development

 

NO ACTION taken on this item.

 

 

………………………………………………………………………………………………………………

 

 

12.3.

Motion made by Representative Svarzbein, seconded by Representative Niland, and unanimously carried to DIRECT City staff for the development of the Renewable Energy Industry Citizen’s Advisory Board, to be staffed by the Resiliency Sustainability Department as well as Planning and Economic Development, with nine members appointed by Council.

 

Representatives Svarzbein and Ordaz commented.

 

The following City staff members commented.

  1. Ms. Blanca Gadney-Moss, statement read into the record.
  2. Mr. Frederic Dalbin
  3. Mr. Rocky Backus

 

 

………………………………………………………………………………………………………………

 

 

The City Council Meeting was RECESSED at 10:09 a.m. in order to convene the Mass Transit Board Meeting.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The City Council Meeting was RECONVENED at 10:48 a.m.

…………………………………………………………………………………………………….

 

 

12.4.

R E S O L U T I O N

            WHEREAS, the City of El Paso is entitled to appoint two members of the El Paso Central Appraisal District Board of Directors;

            WHEREAS, Joyce Wilson had previously been appointed to fill the unexpired term previously held by former City Council Representative Ann Morgan Lilly; and

            WHEREAS, City Council desires to appoint Joyce Wilson as a regular appointee to the El Paso Central Appraisal District Board for the new term that commences January 1, 2016.

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

            That Joyce Wilson is hereby appointed to the El Paso Central Appraisal District Board of Directors as a regular appointee commencing January 1, 2016 to serve the full term.

 

Mayor Leeser and Representatives Limón, Acosta, Noe and Niland commented.

 

Ms. Sylvia Firth, City Attorney, gave legal advice.

 

1st MOTION

Motion made by Mayor Pro Tempore Noe, seconded by Representative Niland, and unanimously carried to SUSPEND THE RULES OF ORDER to allow additional speakers to address the Council after the signup period.

 

2nd AND FINAL MOTION

Motion made by Representative Noe, seconded by Representative Acosta, and unanimously carried to APPROVE the Resolution.

 

AYES: Representatives Romero, Acosta, Noe, Ordaz, and Niland

NAYS: Representative Limón

ABSTAIN: Representative Robinson

NOT PRSENT FOR THE VOTE: Representative Svarzbein

 

 

………………………………………………………………………………………………………………

 

 

12.5.

R E S O L U T I O N

            WHEREAS, the City of El Paso is entitled to appoint two members of the El Paso Central Appraisal District Board of Directors;

            WHEREAS, Jerry Romero had previously been appointed to fill the unexpired term previously held by City Council Representative Courtney Niland; and

            WHEREAS, City Council desires to appoint Jerry Romero as a regular appointee to the El Paso Central Appraisal District Board for the new term that commences January 1, 2016

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

            That Jerry Romero is hereby appointed to the El Paso Central Appraisal District Board of Directors as a regular appointee commencing January 1, 2016 to serve the full term.

Motion made by Representative Limón, seconded by Representative Ordaz, and unanimously carried to APPROVE the Resolution.

NOT PRESENT FOR THE VOTE: Representative Svarzbein

 

 

…………………………………………………………………………………………………….

 

 

REGULAR AGENDA - FIRST READING OF ORDINANCES

Motion made by Representative Niland, seconded by Representative Romero, 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:

NOT PRESENT FOR THE VOTE: Representative Svarzbein

 

 

……………………………………………………………………………………………………..

 

 

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.

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.

 

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.

*Motion made, seconded, and unanimously carried to POSTPONE two weeks 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.

NOT PRESENT FOR THE VOTE: Representatives Robinson and Noe

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

 

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.

 

 

………………………………………………………………………………………………………………

 

 

15.2.

Motion made by Representative Niland, seconded by Representative Limón, and unanimously carried to AWARD 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.

NOT PRESENT FOR THE VOTE: Representative Svarzbein

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

 

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.

 

 

……………………………………………………………………………………………………..

 

 

16.

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

 

 

………………………………………………………………………………………………………………

 

 

16.1.

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried 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

 

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.

 

 

……………………………………………………………………………………………………..

 

 

17.

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

 

 

………………………………………………………………………………………………………………

 

 

17.1.

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to AWARD 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

 

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.

 

 

…………………………………………………………………………………………………….

 

 

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

 

 

……………………………………………………………………………………………………..

 

 

18.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

 

 

………………………………………………………………………………………………………………

 

 

18.1.

ORDINANCE 018447

The City Clerk read an Ordinance entitled:  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.

 

Ms. Sylvia Firth, City Attorney, gave legal advice.

 

Motion duly made by Representative Niland, seconded by Representative Limón, that the Ordinance be ADOPTED.  Whereupon the Mayor 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, Limón, and Niland

NAYS: None

 

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

 

 

………………………………………………………………………………………………………………

 

 

18.2.

ORDINANCE 018448

The City Clerk read an Ordinance entitled:  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.

 

Representative Acosta commented.

 

Mr. Karl Rimkus, Environmental Services, commented.

 

Motion duly made by Representative Acosta, seconded by Representative Niland, that the Ordinance be ADOPTED.  Whereupon the Mayor 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, Limón, and Niland

NAYS: None

 

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

 

 

…………………………………………………………………………………………………….

 

 

REGULAR AGENDA - OTHER BUSINESS

 

 

……………………………………………………………………………………………………..

 

 

19.

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

 

 

………………………………………………………………………………………………………………

 

 

19.1.

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 City Manager be authorized to execute a Chapter 380 Grant Agreement by and between the CITY OF EL PASO, TEXAS, a home-rule municipality of El Paso County, Texas and FIRST TEXAS PRODUCTS CORPORATION, a Texas corporation for the expansion and new construction of its manufacturing facility within the city limits of the City of El Paso.

 

Mayor Leeser commented.

 

Mr. Cary Westin, Director of Economic and International Development presented a PowerPoint presentation (copy on file in City Clerk’s Office).

 

1ST MOTION

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

 

2ND AND FINAL MOTION

Motion made by Representative Svarzbein, seconded by Representative Romero, and unanimously carried to APPROVE the Resolution.

NOT PRESENT FOR THE VOTE:  Representative Noe

 

 

……………………………………………………………………………………………………..

 

 

20.

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

 

 

………………………………………………………………………………………………………………

 

 

20.1.

R E S O L U T I O N

WHEREAS, El Paso Electric Company, distributes electric power within the city limits of the City of El Paso pursuant to a 25-year franchise granted to El Paso Electric Company dated as of July 15, 2005, and is an electric utility;

WHEREAS, on August 10, 2015, El Paso Electric Company, filed with the City of El Paso its Application of El Paso Electric Company to Change Rates;

WHEREAS, pursuant to applicable law, the City of El Paso maintains original jurisdiction over rates of El Paso Electric Company for rates charged within the city limits of the City of El Paso, and

WHEREAS, on August 25, 2015, pursuant to the Public Utility Regulatory Act, Texas Utilities Code Section 36.108, the City of El Paso, as a regulatory authority, suspended the proposed rate change subject to the City’s jurisdiction for a period of 90 days after the proposed date the change would otherwise be effective; and

WHEREAS, the City Council has determined both the amount of the rate request filed and the rate design proposals in the Company’s application are unreasonable. 

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

1.    That the rate increase rate class changes and rate design changes identified in the Application of El Paso Electric Company to Change Rates filed August 10, 2015 is in all things denied.

That the City Manager shall so notify El Paso Electric Company by having a copy of this Resolution delivered or mailed to the Chief Executive Officer of the Company. 

 

Mayor Leeser and Representatives Robinson and Niland commented.

Ms. Sylvia Firth, City Attorney, gave legal advice.

Mr. Norman Gordon, outside utility counsel, read the resolution into the record.

Mr. Rocky Backus, citizen, commented.

 

Motion made by Representative Niland, seconded by Mayor Pro Tempore Noe, and unanimously carried to APPROVE the Resolution.

 

 

……………………………………………………………………………………………………..

 

 

21.

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

 

 

………………………………………………………………………………………………………………

 

 

21.1.

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 the Interlocal Agreement for Project Contributions by and between the City of El Paso and the Camino Real Regional Mobility Authority for roadway improvements on Kansas Street and Father Rahm Avenue in an amount not to exceed TWO MILLION TWO HUNDRED AND THIRTY ONE THOUSAND NINE HUNDRED AND FIFTY EIGHT DOLLARS AND FIFTEEN CENTS ($2,231,958.15) for the period of December 8, 2015 through project completion and acceptance by the City of El Paso; 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.

 

Motion made by Representative Niland, seconded by Representative Limón, and unanimously carried to APPROVE, AS REVISED the Resolution.

 

 

………………………………………………………………………………………………………………

 

 

21.2.

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 Mayor be authorized to sign the Interlocal Agreement for the Development of Winn Road by and between the City of El Paso and the Camino Real Regional Mobility Authority (the “CRRMA”) for project planning and construction services in an amount not to exceed Five Hundred Five Thousand Eighty Six and 20/100 Dollars ($505,086.20) for the period of December 8, 2015 though project completion and acceptance by the City of El Paso; 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.

            That the City Manager or his designee be authorized to sign, in consultation with the Mayor and approval by the City Attorney, any future amendments to the Agreement with CRRMA, including any amendments in excess of $50,000 and that an item will be placed on the City Council agenda for notation to advise Council whenever the City Manager has approved such amendments.

Mr. Mathew McElroy, Director of International Bridges, presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Representative Noe commented.

Motion made by Representative Niland, seconded by Representative Limón, and unanimously carried to APPROVE, AS REVISED the Resolution.

 

 

……………………………………………………………………………………………………..

 

 

22.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

 

 

………………………………………………………………………………………………………………

 

 

22.1.

R E S O L U T I O N

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

                  That the City Council hereby adopts the following Community and Human Development Department Policy for the 2016 4% Non-Competitive Low Income Housing Tax Credit Applications:

1.   Applicants must complete the application form for the 4% non-competitive tax credits, attached hereto as Exhibit “A”; and

2.   As the 4% applications are submitted to the Community and Human Development Department, “Resolutions of No Objection” will be processed and presented to City Council.

Ms. Veronica Soto, Director of Community and Human Development presented a PowerPoint presentation (copy on file in City Clerk’s Office).

Mayor Leeser and Representatives Niland and Robinson commented.

 

The following City staff members commented:

  1. Mr. Tommy Gonzalez, City Manager
  2. Mr. Cary Westin, Director of Economic and International Development

Motion made by Representative Robinson, seconded by Representative Acosta, and unanimously carried to APPROVE, AS REVISED the Resolution.

 

 

…………………………………………………………………………………………………….

 

 

EXECUTIVE SESSION

Motion made by Representative Niland, seconded by Representative Limón, and unanimously carried that the City Council retire into EXECUTIVE SESSION at 12:04 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:

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

Motion made by Representative Romero, seconded by Mayor Pro Tempore Noe, and unanimously carried to adjourn the Executive Session at 12:29 p.m. and RECONVENE the meeting of the City Council, during which time motions were made.

NOT PRESENT FOR THE VOTE: Representatives Robinson, Ordaz, Limón and Niland

 

 

 

EX1.

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

NO ACTION taken on this item.

 

 

 

 

 

 

EX2.

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

NO ACTION taken on this item.

 

 

 

 

 

 

EX3.

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

NO ACTION taken on this item.

 

 

…………………………………………………………………………………………………….

 

 

ADJOURN

Motion made by Representative Romero, seconded by Mayor Pro Tempore Noe, and unanimously carried to ADJOURN this meeting at 12:31 p.m.

 

NOT PRESENT FOR THE VOTE: Representatives Robinson, Ordaz, Limón and Niland

 
                   

 

........................................................................................................................

APPROVED AS TO CONTENT:

 

 

____________________________

Richarda Duffy Momsen, City Clerk