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 L. Rodriguez, District 6

Henry Rivera, District 7

Cissy  Lizarraga, District 8

December 8, 2020

9:00 AM

Teleconference phone number 1-915-213-4096

Toll free number: 1-833-664-9267

Conference ID:  467-869-717#

AND

AGENDA REVIEW MEETING

December 7, 2020

9:00 AM

TEMPORARY SUSPENSION OF OPEN MEETINGS LAWS DUE TO EMERGENCY

The Texas Governor temporarily suspended specified provisions of the Texas Open Meetings Act to allow telephonic or videoconference meetings and to avoid congregate settings in physical locations.

Notice is hereby given that an Agenda Review Meeting will be conducted on December 7, 2020 at 9:00 A.M. and a Regular Meeting of the City Council of the City of El Paso will be conducted on December 8, 2020 at 9:00 A.M. Members of the public may view the meeting via the following means:

Via the City’s website. http://www.elpasotexas.gov/videos

Via television on City15,

YouTube: https://www.youtube.com/user/cityofelpasotx/videos

In compliance with the requirement that the City provide two-way communication for members of the public, members of the public may communicate with Council during public comment, and regarding agenda items by calling the following number:

1-915-213-4096 or Toll free number: 1-833-664-9267

At the prompt please enter the corresponding Conference ID:

Agenda Review, December 7, 2020 Conference ID: 332-432-561#

Regular Council Meeting, December 8, 2020 Conference ID: 467-869-717#

The public is strongly encouraged to sign up to speak on items on this agenda before the start of this meeting on the following links:

http://www.elpasotexas.gov/municipal-clerk/meetings/city-council-meetings

and

http:/www2.elpasotexas.gov/municipal-clerk/signup_form.asp

The following members of City Council will be present via video conference:

Mayor Dee Margo and Representatives Peter Svarzbein, Alexsandra Annello, Cassandra Hernandez, Sam Morgan, Isabel Salcido, Claudia Rodriguez, Henry Rivera, and Cissy Lizarraga

A quorum of City Council must participate in the meeting.

ROLL CALL

NOTICE TO THE PUBLIC

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

CONSENT AGENDA - APPROVAL OF MINUTES:

1.

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

1.1.

Approval of Minutes of the Regular City Council Meeting of November 24, 2020, the Agenda Review Meeting of November 23, 2020, the Special Meeting of October 22, 2020, and the Work Session of  November 23, 2020.

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.

That the City Council approves a construction Change Order to the EPIA- FBO Ramp Extension and TWY U&V Realignment Project, Contract No. 2020-206 with Jordan Foster Construction, LLC. (“Contractor”) in the amount of ONE HUNDRED FORTY-NINE THOUSAND SIX HUNDRED NINETY-ONE AND 92/100 DOLLARS ($149,691.92) for the installation of improvements to Federal Aviation Administration communications infrastructure located within the project limits.

All Districts

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

4.

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

4.1.

A Resolution that Schedule C, attached to the FY 2021 Budget Resolution and effective September 1, 2020, shall be amended to establish the administrative fee of $10 for dismissal of certain City Code Violations regarding animals as allowed by City Code Section 7.04.080(c), effective December 8, 2020.

All Districts

Municipal Court, Lilia Worrell, (915) 212-5822

(Attachment)

4.2.

That the City Manager, Fire Chief or designee, be authorized to sign the Participation Agreement between Centers for Medicare & Medicaid Services (“CMS”) and the City of El Paso, as well as all agreements, amendments, and other similar documents, including but not limited to all agreements with ET3 Partners, Downstream Practitioners, Billing Parties, and other entities, necessary to participate in the CMS Emergency Triage, Treat and Transport Model from January 1, 2021 through December 31, 2025.

All Districts

Fire, Chief Mario M. D'Agostino, (915) 212-5605

(Attachment)

4.3.

That the City Manager be authorized to sign a First Amendment to an Agreement for Professional Services by and between the CITY OF EL PASO, a Municipal Corporation organized and existing under the laws of the State of Texas (the “Owner”) and BROWN REYNOLDS WATFORD ARCHITECTS, INC., a Texas Corporation (the “Consultant”), for Professional Services for a Project known as “ARCHITECT AND ENGINEERING SERVICES FOR FIRE STATION 36” referencing its original Agreement the parties desire to amend the Agreement to provide additional basic services at an additional total cost of $98,617.00, thereby extending the contract amount from $540,568.00 to $639,185.00; and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for the execution of the First Amendment.

District 1

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

(Attachment)

5.

Goal 3: Promote the Visual Image of El Paso

5.1.

A Resolution approving a Detailed Site Development Plan for a portion of Tract 1, Block 5 and a Portion of Tract 1, Block 6, Christy Tract, 588 South Yarbrough, City of El Paso, El Paso County, Texas, pursuant to Section 20.04.150. The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

The proposed detailed site development plan 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: 588 South Yarbrough

Applicant: Sitework Engineering, LLC PZDS20-00026

District 7

Planning and Inspections, Phillip Etiwe, (915) 212-1553

Planning and Inspections, Luis Zamora, (915) 212-1552

(Attachment)

(Attachment)

6.

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

6.1.

A Resolution that the City Manager be authorized to sign an Agreement Regarding Mutual Cooperation (the “Agreement”) with the El Paso Community Foundation and authorized to sign amendments to the Agreement provided that such amendments to do not obligate the City to any financial responsibility.

All Districts

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

(Attachment)

(Attachment)

7.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

7.1.

That the Mayor be authorized to sign a Second Amendment to Interlocal Agreement for Shared Laboratory Services by and between the City of El Paso (“City”), a home rule municipal corporation and El Paso County Hospital District d/b/a University Medical Center of El Paso (“UMC”), to increase the sum of services amount by an additional $425,000.00 in order for UMC to provide additional services pursuant to the Interlocal Agreement.

All Districts

Public Health, Angela Mora, (915) 212-6564

(Attachment)

CONSENT AGENDA - BOARD APPOINTMENTS:

8.

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

8.1.

Johnny Escalante to the Greater El Paso Civic, Convention And Tourism Advisory Board by Representative Peter Svarzbein, District 1.

Representative Peter Svarzbein, (915) 212-1002

(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.  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: $500.00 from Robert Skov, $100.00 from David & Patricia Palafox, $100.00 from DM Fickett, $1,000.00 from Christopher Antcliff, $300.00 from Sandra Lowenfield, $300.00 from RA Lowenfield, $100.00 from Robert Kotarski, $100.00 from Helen Knopp, $25.00 from Patricia Carafano, $100.00 from Stuart Kahn, $250.00 from Gregory Trubowitsch, $1,000.00 from Mike Hunt, $1,000.00 from Ted Houghton, $100.00 from Rita Baca, $100.00 from Don Luciano, $50.00 from C.C. Dunn Jr, $500.00 from James Chestnut, $20,000.00 from Betty Ruth Wakefield, $1,000.00 from Robert Hoy, $1,000.00 from Lane Gaddy, $1,000.00 from Perry Barber, $2,500.00 from Isha Rogers, $500.00 from Donald Bowles $1,000.00 from William P. Sanders, $3,000.00 from Bruce Gulbas, $5,000.00 from Woody Hunt, $1,000.00 from Ruben Guerra, $100.00 from Patrick Hernandez, $1,000.00 from Marion Hunt, $1,000.00 from E.C. Houghton, $5,000.00 from Rick Francis, $500.00 from William Lovelady, $100.00 from Troy Wyatt, and $2,500.00 from Richard Castro.

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: $500 from Forma, $3,000 loan from Cassandra Hernandez; $50 from Alyssa Benavides.

Representative Cassandra Hernandez, (915) 212-0003

10.3.

For notation pursuant to Section 2.92.110 of the City Code, receipt of campaign contributions by Representative Dr. Sam Morgan: $2500.00 from Woody Hunt, $1000.00 from Kathy Palacios, $2500.00 from Raymond McDaniel, $500.00 from Dan Olivas, $500.00 from Oscar Venegas, $300.00 from Eduardo Rodriguez, $1000.00 from The El Paso Association of Firefighters, Local 51.

Representative Sam Morgan, (915) 212-0004

CONSENT AGENDA - REQUESTS TO ISSUE PURCHASE ORDERS:

11.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

11.1.

The linkage to the Strategic Plan is subsection 8.3 – Enhance animal services to ensure El Paso’s pets are provided a safe and healthy environment.  The contract is for food for the animals at the Animal Services shelter and for those animals within all of the Animal Services programs.  

Request that the Director of Purchasing & Strategic Sourcing be authorized to issue a Purchase Order to Legend & White Animal Health Corp., referencing Contract 2018-1586 Animal Food.  This will be a change order to increase the contract by $133,551.92 for a total amount not to exceed $667,759.61 for the initial term. The change order will cover expenses for animal food from December 8, 2020 to October 29, 2021.

CONTRACT VARIANCE:

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

Department:                     Animal Services

Award to:                          Legend & White Animal Health Corp.

                                         Lincolnshire, IL

Total Estimated Award:   $133,551.92

Account No.:                    225-25110-531100-2580

Funding Source:              Animal Services

District(s):                         All

All Districts

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

Animal Services, Paula Powell, (915) 212-8703

(Attachment)

CALL TO THE PUBLIC – PUBLIC COMMENT

Call to the Public will begin at 12:00 p.m.  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.

Members of the public may communicate with Council during public comment, and regarding agenda items by calling 1-915-213-4096 or toll free number 1-833-664-9267 at the prompt please enter the following Conference ID: 467-869-717#

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.

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.

12.

Goal 3: Promote the Visual Image of El Paso:

12.1.

An Ordinance changing the zoning of portion of Tract 4G, Nellie D. Mundy Survey 240, City of El Paso, El Paso County, Texas from C-4/c (Commercial/conditions) to R-3A/c (Residential/conditions). The penalty is as provided for in Chapter 20.24 of the El Paso City Code.

The proposed rezoning meets the intent of the adjacent Future Land Use designation south of the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: East of Resler Dr. and South of Woodrow Bean Transmountain Rd. Applicant: CSA Design Group, Inc. c/o Adrian Holguin-Ontiveros PZRZ20-00023

District 1

Planning and Inspections, Phillip Etiwe, (915) 212-1553

Planning and Inspections, Luis Zamora, (915) 212-1552

(Attachment)

PUBLIC HEARING WILL BE HELD ON JANUARY 5, 2021

13.

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

13.1.

An Ordinance authorizing the City Manager to sign a Deed Without Warranty and any other documents necessary to convey 301.97 acres of land more or less, being described as a portion of Tract 18, Block 24, all of Tracts 3, 4, 5, and 8B, Block 25, and a portion of Tracts 8, 11, 12, 16A, and 17, and all of Tracts 9, 10, 13, 14A, 14B, 14C, 15A, 15B, 15C, and 16B, Block 26, all within Socorro Grant, City of El Paso, El Paso County, Texas to the El Paso County Water Improvement District No. 1.

District 6

El Paso Water, James Wolff, (915) 594-5511

(Attachment)

PUBLIC HEARING WILL BE HELD ON DECEMBER 15, 2020

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

14.

Goal 3: Promote the Visual Image of El Paso

14.1.

An Ordinance changing the zoning of the following parcels: Parcel 1: a portion of F. Neve Survey No. 8, 4625 Delta Drive, City of El Paso, El Paso County, Texas, from R-5/sp (Residential/special permit) to C-3/sp/c (Commercial/special permit/conditions); and, Parcel 2: a portion of F. Neve Survey No. 8, 4625 Delta Drive, City of El Paso, El Paso County, Texas, from R-5/sp (Residential/special permit) to A-O/sp/c (Apartment/Office/special permit/conditions); and imposing conditions. The Penalty is as provided for in Chapter 20.24 of the El Paso City Code. THIS IS AN APPEAL AND A 211 CASE. Subject Property: 4625 Delta Drive. Applicant: The Upright Group, LLC

PZRZ20-00013

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.

District 8

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

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

(Attachment)

14.2.

An Ordinance to correct Ordinance 018955 annexing the following real property described as a Portion of Section 28, Block 79, Township 2, Texas and Pacific Railway Company Surveys, El Paso County, Texas. SUAX19-00001

District 5

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

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

(Attachment)

(Attachment)

REGULAR AGENDA - OTHER BUSINESS

15.

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

15.1.

Discussion and action that the City Manager be authorized to sign a two year On-Call Agreement for Professional Services to perform geotechnical and materials testing consulting services on a task by task basis by and between the City of El Paso and each of the following consultants:

1. Wood Environment & Infrastructure Solutions, Inc.

2. CQC Testing and Engineering, LLC.

3. Terracon Consultants, Inc.

4. Professional Service Industries, Inc.

5. PAVETEX Engineering, LLC.

Each On-Call Agreement will be for an amount not to exceed Four Hundred Thousand and No/00 Dollars ($400,000.00), and each agreement will include authorization for the City Engineer to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and authorization for the City Engineer to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if the identified services are necessary for proper execution of identified project and if the increased amounts are within the appropriate budget identified for a project. In addition, the City Manager is authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of each On-Call Agreement.

All Districts

Capital Improvement, Sam Rodriguez, (915) 212-1845

(Attachment)

16.

MEMBERS OF THE CITY COUNCIL

16.1.

Discussion and update on the City’s recycling program and plan for return to service.

All Districts

Representative Peter Svarzbein, (915) 212-1002

Representative Cassandra Hernandez, (915) 212-0003

(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/