City of El Paso Ethics Findings

PRIVILEGED
& CONFIDENTIAL
ATTORNEY/CLIENT COMMUNICATION
NOT A PUBLIC RECORD

CITY OF EL PASO

ETHICS INVESTIGATION
PRELIMINARY FINDINGS AND ADVICE

FEBRUARY 24, 2016

By:

Ross Fischer,
Special Counsel to the City of El Paso
The Gober Group PLLC
PO Box 341016
Austin, TX 78734
rf@gobergroup.com
5123541786

TABLE OF CONTENTS

SCOPE & LIMITATIONS ........................................................................................................................ 1
INITIATION OF SOLICITATION NO. 2015896R .......................................................................... 2
PROFESSIONAL MUNICIPAL ADVISORY SERVICES ..................................................................... 2
FACTUAL BACKGROUND .................................................................................................................................. 3
Applicable Practices or Policies ............................................................................................................ 5
Mr. Gonzalezs Responses ........................................................................................................................... 6
Interview with Noe Hinojosa ..................................................................................................................... 6
Option for Securing Additional Evidence ............................................................................................. 7
STANDARDS OF CONDUCT APPLICABLE TO PUBLIC SERVANTS .................................................. 7
TEXAS STATUTORY STANDARDS ................................................................................................................. 8
Personal Financial Disclosure (Local Government Code 145 & Government Code 572) 8
Local Government Code 176 (Disclosure of Vendor Relationships) ..................................... 10
Local Government Code 171 (Conflicts of Interest for Municipal Officers) ....................... 10
CONTRACTUAL STANDARDS OF CONDUCT ......................................................................................... 11
PRELIMINARY CONCLUSIONS .................................................................................................................... 11
RECOMMENDATION ........................................................................................................................................ 12
CONDUCT IN 2013 PRECIPITATING DELAY IN BOND ISSUANCE ......................................... 13
BACKGROUND .................................................................................................................................................... 14
RELEVANT CHRONOLOGY ............................................................................................................................ 14
ORIGINS OF THE REQUEST TO DELAY .................................................................................................... 15
THE LOCAL GOVERNMENT CORPORATION AS A DISTINCT LEGAL ENTITY ........................ 15
APPLICABILITY OF CORPORATE STANDARDS OF CARE ................................................................ 16
Transportation Code 431.101(c). ......................................................................................................... 16
STATUTORY LIABILITY FOR CORPORATE DIRECTORS AND OFFICERS ................................. 16
Texas NonProfit Corporation Act. ....................................................................................................... 16
COMMONLAW DUTIES OF CORPORATE DIRECTORS AND OFFICERS .................................... 17
STANDARDS POTENTIALLY VIOLATED BY DECISION TO DELAY BOND ISSUANCE AND
AVAILABLE REMEDIES .................................................................................................................................. 18
Statutory Fiduciary Duties. ...................................................................................................................... 18
Common Law Duties of Care and Loyalty. ........................................................................................ 18

Texas Open Meetings Act. ........................................................................................................................ 19

Fiduciary Duty Established by Citys Ethics Ordinance. ............................................................. 19
AUTHORITY OF TEXAS ATTORNEY GENERAL RE: CORPORATIONS ......................................... 20
LEGAL OPTIONS ................................................................................................................................................ 20
OPEN RECORDS ANALYSIS ................................................................................................................ 22
BACKGROUND .................................................................................................................................................... 23
CONCLUSION....................................................................................................................................................... 25
RECOMMENDATION ........................................................................................................................................ 26

PRIVILEGED & CONFIDENTIAL

SCOPE & LIMITATIONS

Among Councils directives in commencing this investigation was to review the actions of
all City Officers and personnel regarding the actions which led up to the solicitation of a
financial advisor for the City of El Paso to determine if there has been a violation of COEP
ordinances, policies, regulations or procedures. Therefore, this analysis necessarily
involves one of the allegations that is currently being investigated by the Citys Ethics
Commission. This analysis is intended to focus foremost on statutory or contractual
standards of care and analyze applicable City policies, but to respect the Citys ethics
enforcement procedure by leaving the ultimate resolution of the violations alleged by Jim
Tolbert to the Citys Ethics Commission.

It is important to note that this analysis stems from interviews conducted with former and
current city officials, as well as a review of publiclyavailable documents. To date, no effort
has been undertaken to forcibly compel the production of documents, communications,
records, or financial papers. Should the Council wish to compel such production, its Charter
and Code of Ordinances invests it with the authority to issue subpoenas. Given the timeframe
imposed by the City Council, such formal investigatory avenues have been deferred for
future consideration.

This preliminary report is limited to facts known at the time of its writing. If other facts
subsequently come to light, we reserve the right to supplement, modify, or revoke this
analysis as appropriate.

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INITIATION OF SOLICITATION NO. 2015896R
PROFESSIONAL MUNICIPAL ADVISORY SERVICES
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FACTUAL BACKGROUND

Since his election to the City Council, former Representative Larry Romero has advocated for
Estrada Hinojosa to act as the Citys Financial Advisor. According to an interview with
former City Manager Joyce Wilson, soon after being elected, Representative Romero
arranged for the president of Estrada Hinojosa, Noe Hinojosa, to meet with him and Ms.
Wilson. This meeting provided Mr. Hinojosa with an opportunity to tout his company.
According to Ms. Wilson, Mr. Hinojosa suggested that the City utilize a second financial
advisor. Ms. Wilson pointed out that the City had solicited proposals for its financial advisors
in 2012 (a process in which Estrada Hinojosa submitted a proposal) and, as a result, had
executed a fiveyear contract with First Southwest. Ms. Wilson took no further action to
facilitate the use of Estrada Hinojosa. When asked about the meeting, Ms. Wilson does not
recall Representative Romero disclosing a prior working relationship with Estrada Hinojosa,
nor does she recall Representative Romero indicating any displeasure with First Southwest.

The issue of changing the Citys financial advisor is raised publicly approximately one year
later, at the Citys July 22, 2014, budget hearing. At that hearing, Representative Romero
addressed the Citys new city manager, Tommy Gonzalez, referring to a previous
conversation and indicating his personal preference that the City seek a new financial
advisor.

City Manager Gonzalez exchanged emails with Chief Financial Officer Mark Sutter
sporadically over the next few months regarding the issuance of an RFQ for municipal
financial advisor services. The two exchanged emails shortly after the July 22, 2014, budget
hearing. The City Manager brought up the matter via email again on August 27, 2014, leading
Dr. Sutter to raise concerns about the timing of issuing an RFQ. In an interview, Chief
Financial Officer Mark Sutter said that he had several reasons for being reluctant to proceed
with the FA RFQ: (1) an ongoing IRS audit of previously issued bonds; (2) efforts to remodel
the Quality of Life bond issue; and (3) a desire to avoid changing financial advisors through
the bond season in order to indicate stability to the rating agencies (a total change in an
entitys financial leadership would be a red flag to rating agencies). Ultimately, the FA RFQ
was issued during the same general timeframe as the spring 2015 bond issuance.

Mr. Gonzalez raised the issue again on October 16, 2014, which yielded the following
exchange (See Exhibit A):

Mr. Gonzalez sends a blank email to Dr. Sutter with the subject line:
Status of financial advisors RFQ?

Dr. Sutter responds in relevant part: I assume that with the public
statement from Rep Romero and no opposition voice by Mayor or other
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Council members (that I recall) the indication to pursue the RFQ prior
to expiration of the existing contract was a staff directive.

Mr. Gonzalez replied, You are responding accordingly. I dont know

that we need to give people a great deal of time to respond. I would
think 3/4 weeks. More like three weeks. I think those that are
interested would respond.

Thereafter, work began on developing an RFQ in accordance with the City Managers
directive. Dr. Sutter asserts that the FA RFQ was not submitted to the legal department
before it was issued because it was a bid for renewal of existing services and that the bid
form had previously been reviewed by the legal department. The RFQ was, in fact, very
similar to the one used in 2012, which ultimately ended in the selection of First Southwest.
Denise Grizzle, the City Comptroller, made some updates to the document and the only
change in the evaluation criteria also came from Comptroller Denise Grizzle.

In order to determine whether the issuance of the RFQ without the express authorization
of the City Council was proper, the decision must be made in light of the authority delegated
to the City Manager by the Charter and by the Council. Generally, the Charter makes the City
Manager responsible for the administration of city affairs, including directing and
supervising the administration of all departments. Since the Citys transition to a City
Manager form of government, various resolutions have been adopted by Council delegating
certain authority to the City Manager. Neither the Charter nor any of the resolutions
addressing the authority of the City Manager limit his or her ability to initiate an RFQ, nor do
the applicable documents require Council initiation of an RFQ. Additionally, the Citys
Purchasing Manual sets out a stepbystep process for the initiation of an RFQ. The
Purchasing Manual does not require that an RFQ for financial advisor services originate with
the City Council. Ultimately, the cancelation of the existing contract and the execution of a
new contract would have to be approved by the City Council; however, nothing requires
Council approval to start the FA RFQ process.

Ultimately, a Request for Qualifications for Professional Municipal Advisory Services
(numbered 2015896R and referred to hereafter as FA RFQ) was issued on April 28, 2015,
with a deadline of May 20, 2015. Four responses were ultimately received.

Dr. Sutter, as a member of the evaluation committee, acknowledged that he believed that
First Southwest should have been penalized for failing to stand up and notify the City
Council regarding issues related to the ballpark financing. He also acknowledged that his
comments likely swayed the evaluation committee against First Southwest. (It is important
to note that Dr. Sutter had not yet seen the Braden Report that analyzed the circumstances
surrounding the ballpark financing.)

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Dr. Sutter claims to have been unaware of the past relationship between Representative
Romero and the Estrada Hinojosa firm. He stated that he received no pressure from either
Representative Romero or City Manager Gonzalez to sway the outcome of the evaluation
process, and he said that neither person expressed a preferred vendor to him.

Applicable Practices or Policies

The Citys Purchasing Manual establishes the applicable procurement processes, as well as
its own ethical standards. This evaluation notes only the relevant areas of the Purchasing
Manual.

The Purchasing Manuals Timeline for Processing requires that an RFQ allow
a minimum of four weeks (depending on its complexity) to submit a response.

Section 14.0 of the Purchasing Manual requires that an RFQ for a type of
service not previously reviewed by the legal department must be reviewed by
the legal department prior to the RFQ being issued.

The City Manager, through his public remarks, and the Chief Financial Officer both maintain
that there was general discontent among the City Council with regard to the performance of
First Southwest. However, there was no formal direction from the City Council expressing
such discontent or formal direction to seek a new financial advisor. As noted above, at the
July 2014 budget hearing. Representative Romero clearly indicates that he is speaking for
himself, and clearly alludes to a previous conversation with the City Manager about changing
financial advisors. However, as discussed below, Mr. Gonzalez maintains that the entire
Council was aware that Representative Romeros request was one of many budget priorities
being advanced in response to direction from individual members of Council.

The evidence suggests that the City Manager wished to see a short response period for the
FA RFQ. In an email to the Chief Financial Officer dated October 16, 2014, he indicated his
preference for a threeweek window for bidders to respond:

I dont know that we need to give people a great deal of time to respond. I would
think 3/4 weeks. More like three weeks. I think those that are interested would
respond.

This directive contradicts the Citys Purchasing Manual, which requires a minimum of four
weeks to respond to an RFQ. As the Citys purchasing director noted in an interview, a
shortened response time for such a complicated matter sends one of two possible messages
to bidders: (1) the City has already decided with whom it wants to contract; or (2) the City
doesnt understand the complexity of the services it is seeking. When the FA RFQ was
released, it included a threeweek response window, consistent with the City Managers
email to Dr. Sutter. However, the RFQ was ultimately amended to add an additional weeks
response time, bringing the window to respond to four weeks, the minimum contemplated
by the Procurement Policy.
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Mr. Gonzalezs Responses

Mr. Gonzalez submitted responses to a litany of questions posed to him regarding the events
leading up to and following the issuance of the FA RFQ. (See Exhibit B)

When asked whether he had any communication with Noe Hinojosa or anyone affiliated with
Estrada Hinojosa regarding the issuance of the FA RFQ, Mr. Gonzalez denies talking to
Hinojosa or any of his affiliates about the matter. He also denies knowing of the previous
working relationship between Representative Romero and Estrada Hinojosa.

When asked whether he was acting at the sole direction of Representative Romero, Mr.
Gonzalez points out that the entire Council (and department heads) were made aware of all
matters upon which he was working. He points out that in August of 2014, Chief Budget
Officer Lynly Leeper emailed the Mayor and Council (three separate times) a list of Councils
budget requests. On each of those lists (noted as Item 45 each time) was a request, initiated
on July 22, 2014, by Representative Romero to [r]eview agreements with the Citys financial
advisor and bond underwriters. Dr. Sutter said that he will review the contracts and provide
feedback regarding timing/options for doing RFQ, etc. (See Exhibit C)

When asked about his preference that the FA RFQ include a threeweek response time (when
the Citys Purchasing Manual requires a fourweek window), Mr. Gonzalez disputes that he
was giving a directive, and asserts that he was merely sharing [his] thoughts. He also claims
not to have been aware of the policy requiring a fourweek response time. He points out that
the staff did not correct him, but that ultimately the staff allowed four weeks for bidders to
submit responses.

Interview with Noe Hinojosa

In an interview, Noe Hinojosa indicated that the last time Larry Romero worked for his firm
was in May 2000. Hinojosa also stated that Representative Romero called him shortly after
being elected to City Council in 2013, expressed his frustration with First Southwest, and
said that he wished for Estrada Hinojosa to be the Citys financial advisor. Hinojosa claims to
have insisted to Mr. Romero that the City issue a competitive solicitation for qualifications.
Mr. Hinojosa denies any contact with City officials regarding the contents, timing, or issuance
of the RFQ. He claims to have learned about the issuance of the RFQ from one of his
employees. When asked about the response time for the RFQ, he stated that 10 business days
is reasonable in his business. He claims that the last time he spoke to Larry Romero was in
July 2015 to inquire about the status of the proposal evaluation (although he acknowledges
sending Mr. Romero a text message after learning of his stroke). Mr. Hinojosa stated that Mr.
Gonzalez never solicited any favor, nor did they discuss any details of the request for
qualification process.

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Option for Securing Additional Evidence

While emails between Mr. Gonzalez and Dr. Sutter have been produced, there is no
correspondence between Mr. Gonzalez and either Representative Romero or Mr. Hinojosa.
An internal audit performed of the City Managers city cell phone revealed no calls between
Mr. Gonzalezs city phone and Mr. Hinojosa for the period of June 2014 through November
2015, and no text messages between the two for the period of June 2015 through November
2015. However, for the period of June 2014 through May 2015, City staff was unable to
determine the existence of text messages. The Council may wish to consider whether to
secure the City Managers cityowned mobile phone and attempt to have text messages
recovered. Additionally, the City Manager owns a personal cell phone, which may also
contain relevant communications.

STANDARDS OF CONDUCT APPLICABLE TO PUBLIC SERVANTS

For the purpose of relevant state law, City Manager Tommy Gonzalez is a public servant and
local government officer. State law provides for conflicts of interests for local government
officers,1 disclosure of business relationships between local government officers and
potential vendors,2 personal financial disclosure for certain public officers,3 and the
establishment of offense against public administration.4 These statutes are all intended to
provide sufficient information for the public to determine if a public servant is susceptible
to serving interests other than those of the people.

In attempting to address the issue of conflicting loyalties, state law adopts somewhat
arbitrary formulae and timeframes in order to construct a reasonable framework for
identifying conflicts or other significant relationships between regulators and the regulated
community. Conformance with state statute may not necessarily ensure compliance with
local standards. Because the City of El Paso Ethics Commission is currently considering
certain alleged conduct in light of locallyadopted standards, this analysis will focus on state
law standards, some city standards, as well as contractual standards of conduct to which the
City Manager has obligated himself.

In order to conduct a meaningful analysis of whether a conflict of interest exists or whether
a public servant should be precluded from participation in some matter, the required legal
disclosures must be completed fully and accurately. Only with full and accurate disclosure of
finances and relationships can the statutes set forth above have a meaningful impact on
governmental ethics. To date, this investigation has not extended beyond the analysis of
publiclyavailable documents, other than to seek written answers to questions posed to Mr.

1 Tex. Local Govt Code 171.
2 Tex. Local Govt Code 176.
3 Tex. Govt Code 572 and Tex. Loc. Govt Code 145.
4 Title 8, Tex. Penal Code.
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Gonzalez, Representative Romero, and Noe Hinojosa. To date, answers to those questions
have not been received. Should the City Council wish to inquire about income tax or banking
documents, it may seek to compel production of such documents.

TEXAS STATUTORY STANDARDS

Personal Financial Disclosure (Local Government Code 145 & Government Code 572)

Chapter 572 of the Government Code requires that state officers file annual, personal
financial statements with the Texas Ethics Commission. The Ethics Commission has
promulgated a form that incorporates all of the statutorilyrequired disclosures. Chapter 145
of the Local Government Code requires municipal officers including members of the
governing body and the City Manager of cities with a population exceeding 100,000, to file
a personal financial statement using the form adopted by the Ethics Commission, pursuant
to Government Code 572.

As municipal officers, both Mr. Gonzalez and Representative Romero are required to file
personal financial statements with the City. However, because Mr. Gonzalez also sits on the
State Risk Management Board, he is required to file a personal financial statement with the
Texas Ethics Commission as well. Therefore, any deficiency in his filing could result in
enforcement not only in El Paso, but could also be enforced by either the Texas Ethics
Commission, the Travis County District Attorney, or both.

The statute clearly sets out the required contents of a personal financial statement. Among
those required contents are all sources of occupation income.5 For the calendar year 2014,
Mr. Gonzalez lists the City of El Paso as his only source of occupational income. (See Exhibit
D) However, in Mr. Gonzalezs employment contract, he clearly reserves the right to engage
in paid, outside consulting activities. The City Council may wish to seek copies of relevant
records tax forms, bank records, etc. in order to confirm that Mr. Gonzalez received no
other occupational income during calendar year 2014.

Also among the required contents are the amounts of expenses accepted under the
honorarium exception found in Penal Code 36.07. Generally, a public servant is prohibited
from accepting an honorarium in consideration for services that the public servant would
not have been requested to provide but for the public servants official position or duties.
The only expenses that may be excepted under the honorarium exception are meals,
transportation, and lodging expenses in connection with a conference or similar event in
which the public servant renders services, such as addressing an audience or engaging in a
seminar, to the extent that those services are more than merely perfunctory.6 Acceptance of
an impermissible honorarium is a Class A misdemeanor.

5 Tex. Govt Code 572.023(b)(1).
6 Tex. Penal Code 36.07(b).
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In his sworn personal financial statement filed with both the City of El Paso and the Texas
Ethics Commission, Mr. Gonzalez reports the receipt of expenses under the honorarium
exception from three different sources in calendar year 2014:

Expenses Reimbursed & SBDC Honorarium for the Quality Texas
Foundation.

Expenses Reimbursed by the State of Office Risk Management.

Expenses Reimbursed & Honorarium by the Central Intelligence Agency.

In each instance, Mr. Gonzalez fails to report the required amount of the funds accepted.

In an effort to determine the scope of the omitted value of honoraria received, counsel
undertook to inspect financial records of Quality Texas Foundation (the Foundation), of
which Mr. Gonzalez is also a board member. An analysis of the Foundations financial records
revealed:

The following payments to Tommy Gonzalez on March 20, 2014 (See
Exhibit E):
o $481.39 payment for Instructor Travel
o $1,000 payment for Instructor Fee

During 2013, while Mr. Gonzalez was serving as a board member of Quality
Texas Foundation, engineering firm Freese & Nichols was a Bronze Level
Conference Sponsor of the Foundations conference. (See Exhibit F) This
is noted only because multiple interviews with former and current
employees suggested that Freese & Nichols was a preferred vendor in Mr.
Gonzalezs efforts to overhaul the Citys engineering department.

The payment of the instructor fee occurred after Mr. Gonzalez left the City of Irving but
before he joined the City of El Paso. He was, however, serving on the board of the State Office
of Risk Management and, therefore, remained a public servant. If the instructor fee was
paid to Mr. Gonzalez by virtue of his status as a public servant, it may constitute an
impermissible honorarium (since it is permissible to accept only meals, transportation, and
lodging). If, however, it was occupational income, it should have been reported as such on
his personal financial statement filed with the State and with the City of El Paso.

Mr. Gonzalezs 2014 personal financial statement revealed no common business interests,
gifts, or loans with either Larry Romero or any person affiliated with Estrada Hinojosa.

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Local Government Code 176 (Disclosure of Vendor Relationships)

For vendors seeking to conduct business with a city, vendors must disclose certain
relationships that exist with city officials (and the city official is under a corresponding
obligation to disclose certain relationships with vendors). Though the law has been recently
updated to expand the types of relationships that must be disclosed, at the time of the 2015
financial advisor Request of Qualifications, Chapter 176 required disclosure of the following
relationships or transactions:

An employment of business relationship with a local government officer (or
the officers family member) that results in the officer (or family member)
receiving taxable income that exceeds $2,500 during the preceding 12month
period; or

The vendor has given the local government officer (or a family member) one
or more gifts that have an aggregate value of more than $250 in the preceding
12month period.

In its response to the financial advisor RFQ, Estrada Hinojosa submitted a Conflict of Interest
Questionnaire, signed by Noe Hinojosa, which indicated that none of the triggering
relationships or transactions existed. This comports with the sworn personal financial
statements which requires the disclosure of occupational income, gifts, and business
holdings filed by Mr. Gonzalez and Representative Romero.

Local Government Code 171 (Conflicts of Interest for Municipal Officers)

The Local Government Code establishes a formula for determining whether a municipal
officer has a conflict of interest in a matter coming before the City. The statute applies in
situations where a municipal officer has substantial interest in a business entity or piece of
real property. If a municipal officer has a substantial interest in a business entity he must,
before a vote or decision on any matter involving the business entity, file an affidavit
disclosing the interest and then refrain from participation in the matter. For the purposes of
the statute, a substantial interest in a business entity means:

That the person owns 10 percent or more of the voting stock or shares of the
business entity or owns either 10 percent or more or $15,000 or more of the
fair market value of the business entity; or

Funds received by the person from the business entity exceed 10 percent of
the persons gross income for the previous year.

Therefore, if either Mr. Gonzalez or Representative Romero had received substantial income
from Estrada Hinojosa for the previous year, then they would have to disclose that fact and
abstain from participating in the selection of a financial advisor. However, based on the
sworn personal financial statement filed by each (which requires the disclosure of
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occupational income, gifts, and business holdings), there is no evidence to suggest that either
had a statutory conflict of interest when it came to the decision to issue the RFQ or to move
the procurement process forward.

CONTRACTUAL STANDARDS OF CONDUCT

In his employment agreement with the City of El Paso, Mr. Gonzalez obligates himself to
follow all Applicable Laws and Authorities. That term includes all state and federal laws,
City charter, City ethics ordinance, and all City resolutions, policies, rules, regulations, or
ordinances.

In Section 2.7 of the City Manager Employment Agreement authorizes the City Manager to
engage in outside consultant activities but expressly requires that the Consulting Services
provided by the Manager under the terms of this paragraph must be consistent with state
and federal law.

Section 6.2 of the City Manager Employment Agreement provides that good cause for
termination of the Agreement includes the failure to comply with Applicable Laws and
Authorities. Any alleged contractual violation should be made with the advice and input of
the City Attorneys office to mitigate any claims that Mr. Gonzalez may assert against the City.

PRELIMINARY CONCLUSIONS

These conclusions are preliminary to the extent that they are based on the inspection of
publiclyavailable documents and that no effort has been yet made to compel the production
of private phone records, private bank statements, or the like.

1. Absent the showing of the offer or solicitation of a prohibited benefit, the issuance
of the FA RFQ does not appear to violate any Texas statute.

2. The initiation of the FA RFQ does not appear to violate any of the City Councils
delegation of authority to the City Manager.

3. The direction to the Citys Chief Financial Officer to utilize a threeweek response
time for the FA RFQ may constitute a violation of the Citys procurement policy
(though Mr. Gonzalez disputes that it was a directive).

4. If it were ultimately proven that Mr. Gonzalez failed to properly disclose sources
of occupational income on his personal financial statement, or that he accepted an
impermissible honorarium, it may constitute a violation of state law.

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RECOMMENDATION

Given the perceived shortcomings in Mr. Gonzalezs financial disclosures, it is recommended
that City Council ask Mr. Gonzalez to provide documentation from all outside consulting
activities that he has engaged in since becoming El Pasos City Manager. This should include
travelrelated documents, receipts, reimbursements received, honoraria received, and tax
forms received from any entity other than the City of El Paso. This information is necessary
to determine (1) whether Mr. Gonzalezs City and State financial disclosures are accurate,
and (2) whether his outside consulting services are consistent with his contract or if they
conflict with his duties to the City of El Paso.

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CONDUCT IN 2013 PRECIPITATING DELAY IN BOND ISSUANCE

Page | 13


BACKGROUND

Within the scope of work established by the City Council was to review actions of all City
Officers and personnel regarding the actions which led up to the solicitation of a financial
advisor for the City of El Paso to determine if there has been a violation of City ordinances,
policies, regulations, and procedures, commencing with actions taken in 2013. The oftcited
justification for seeking a new financial advisor in 2014 was a generalized discontent with
the financing of the ballpark project, specifically a delay in the issuance of the bonds. In
fact, current City Manager, Tommy Gonzalez, has stated that at the crux of his concerns
about the performance of First Southwest was the financial advice as it relates to the timing
of the sale of the bonds. 7That delay was addressed in the analysis of bond counsel, Paul
Braden (the Braden Report). This analysis is not intended to retread the Braden Report,
especially its chronology of and issues related to the ballpark financing. The Braden
Report, however, brought to light the fact that the issuance of bonds by the El Paso
Downtown Development Corporation, a local government corporation (hereinafter the
LGC), was influenced by political considerations. This analysis focuses on the delay of the
bond issuance and whether such a delay, when predicated on political motives, violates any
applicable standards of care (and to the extent that a standard of care was violated, what
remedies exist to address such misconduct).

RELEVANT CHRONOLOGY

The Braden Report accurately sets forth the relevant chronology of the issuance of bonds by
the LGC. The public release of the Braden Report raised another, to date uninvestigated,
issue: the political motivation that appears to be the true cause for delaying the issuance of
the bonds for the ballpark project.

This investigation has confirmed that the transaction documents for the LGC to proceed with
bond issuance including the Trust Agreement, Master Lease Agreement, and ordinance
approving the master lease and consenting to the issuance of the bonds were ready for
consideration by the LGC and the City Council within days of the March 28th deadline to
appeal the bond validation suit. These documents were made available to City and LGC
officers, who contemplated authorizing the bonds on either April 23rd or April 30th. In order
to comply with local publication requirements, it was decided that the transaction
documents would be considered at meetings of the City Council and the LGC Board on April
30, 2013. In fact, notice was published in the El Paso Times on April 25, 2013, notifying the
public that the bond issuance would be authorized on April 30, 2013 (see Exhibit G).
However, a decision was made not to authorize issuance of the bonds on April 30, 2013.
Consequently, no LGC meeting was posted for April 30th, and no item regarding the issuance
of bonds was included on the City Councils April 30th agenda.

In an email published as an exhibit to the Braden Report, (see Exhibit H) thenExecutive
Director, Joyce Wilson, explained that, although the two entities were ready to proceed,

7 Emails Contradict City Managers Stance El Paso Times, December 8, 2015.
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[s]everal council members raised concerns about the timing of this activity in relation to the
upcoming general election, specifically because of the ongoing controversy over this project.
Wilson says that she, then, relayed this request to the thenmayor and mayor pro tem, an
indication that the request did not originate from either of those individuals.

ORIGINS OF THE REQUEST TO DELAY

Prior to this report, Ms. Wilson had not publicly identified the [s]everal council members
to whom she referred in her email included within the Braden Report. In an interview on
February 3, 2016, Ms. Wilson expressed her opinion that nobody did anything wrong with
respect to delaying the bond issuance. However, when pressed to disclose those council
members referred to in her email, she declined. She indicated that she would speak to her
attorney before deciding whether to name the individuals who directed the delay of the bond
issuance. Ms. Wilsons attorney made contact with the reports author on February 5, 2016.
Subsequently, Ms. Wilsons legal counsel indicated that she was advising Ms. Wilson not to
cooperate with this investigation any further. Ms. Wilson was asked, through her counsel, to
provide a signed, written statement identifying the council members at whose direction she
was acting. Through her legal counsel, Ms. Wilson has declined to provide such a statement.

THE LOCAL GOVERNMENT CORPORATION AS A DISTINCT LEGAL ENTITY

It is clear from state statute and from the LGCs originating documents that it is a distinct
entity from the City. While it is considered to be an instrumentality of the City, it is not a
separate political subdivision.

The resolution creating the LGC reads in relevant part:

[T]he Corporation is not intended to be and shall not be a political subdivision
or a political corporation within the meaning of the Constitution and the general
laws of the State, including without limitation Article III, Section 52 of the State
Constitution, and the City does not delegate to the Corporation any of its
attributes of sovereignty, including the power to tax, the power of eminent
domain, or its police power.8

This is reiterated in Article VI of the LGCs Articles of Incorporation, which reads:

[T]he Corporation is not intended to be and shall not be a political subdivision
or a political corporation within the meaning of the Constitution and the general
laws of the State, including without limitation Article III, Section 52 of the State
Constitution, and no agreements, bonds, debts or obligations of the Corporation
are or ever shall be deemed to be agreements, bonds, debts or obligations, or the
lending of credit, or a grant of public money or other thing of value, of or by the
City, except as provided by State law, or any other political corporation,

8 Resolution adopted by El Paso City Council on December 18, 2012.
Page | 15


subdivision, or agency of the State, or a pledge of the faith and credit of any of
them. (See Exhibit I)

Further, while Chapter 394 of the Local Government Code allows elected city officials to
serve as corporate directors, it does not require dual service. Neither Government Code 394
nor Transportation Code 431 require city officials to serve in dual capacities, and the City
Council could have named other residents of El Paso to serve as directors of the Local
Government Corporation. This is worth noting because it underscores that the LGC directors
and officers are acting in a capacity independent from their elected or appointed status with
the City. In fact, the Transportation Code provides that a director of a local government
corporation is not a public official by virtue of his or her board service.9

It is essential to note that the LGCs bylaws created officers for the LGC, naming the City
Manager as the LGCs Executive Director, the Citys Chief Financial Officer as the Corporate
Treasurer, and the City Secretary as the LGCs Secretary. Subsequently, via Board resolution,
the Citys Deputy City Manager for Development and Tourism and the Citys Comptroller
were appointed as the LGCs Deputy Executive Director and Assistant Treasurer,
respectively. With the creation of these officers, each individual took on the legal obligations
of a corporate officer.

APPLICABILITY OF CORPORATE STANDARDS OF CARE

Transportation Code 431.101(c).

In authorizing local government corporations, the Transportation Code expressly provides
that [t]he provisions of the Texas NonProfit Corporation Act relating to powers, standards
of conduct, and interests in contracts apply to the directors and officers of the local
government corporation. Therefore, the LGCs directors as well as those City employees
whom they named as LGC officers are subject to the standards of conduct generally
applicable to directors and officers of nonprofit corporations. Those duties are discussed
immediately below.

STATUTORY LIABILITY FOR CORPORATE DIRECTORS AND OFFICERS

Texas NonProfit Corporation Act.

Chapter 22 of the Texas Business and Organizations Code addresses nonprofit corporations
such as the LGC. That law requires that a director shall discharge the directors dutiesin
good faith, with ordinary care, and in a manner the director reasonably believes to be in the
best interest of the corporation.10 A director is not liable to the corporationfor an action
taken or not taken as a director if the director acts in compliance with the articulated

9 Tex. Trans. Code 431.101(f)(1).
10 Tex. Bus. Org. Code 22.221(a).
Page | 16



standard.11 A person seeking to establish liability of a director must prove that the director
did not act in good faith, with ordinary care, and in a manner the director reasonably
believed to be in the best interest of the corporation.12

With regard to corporate officers, the analysis is similar to that of a director. An officer is not
liable to the corporation or any other person for an action taken or an omission made by the
officer in the persons capacity as an officer unless the officers conduct was not exercised in
good faith, with ordinary care, and in a manner the officer reasonably believes to be in the
best interest of the corporation.13

COMMONLAW DUTIES OF CORPORATE DIRECTORS AND OFFICERS

The development of the common law has resulted in various standards of conduct for
directors and officers of corporations, including nonprofit corporations. Those standards
have come to be known as the duties of obedience, care, and loyalty. This analysis will touch
on the duties of care and loyalty.

The duty of care requires a director or officer to be diligent and prudent in managing the
corporations affairs. Directors and officers must, as fiduciaries, exercise unbiased and
honest business judgment in pursuit of corporate interests. Directors, or those acting as
directors, owe a fiduciary duty to the corporation in their directorial actions, and this duty
includes the dedication of uncorrupted business judgment for the sole benefit of the
corporation.14 The defense that has become known as the business judgment rule protects
a corporate director or officer who acts in good faith and without corrupt motive from
liability. However, the business judgment rule will not protect from liability one who acts in
bad faith or with corrupt motive, nor will it protect fraudulent or ultra vires conduct. A
corporate director or officer is not protected from liability when that person has breached
the duty of care in a manner that amounts to gross negligence or an abdication of
responsibilities resulting in a failure to exercise any judgment.15

Another commonlaw standard applicable to corporate directors and officers is the duty of
loyalty. The duty of loyalty demands that there be no conflict between duty and selfinterest.
Violations of the duty of loyalty often arise in situations where a corporate director engages
in selfdealing or the usurpation of corporate opportunity. However, any time that an officer
or director places the interests of another over the interests of the corporation, one may

11 Tex. Bus. Org. Code 22.221(b).
12 Section 22.228 provides a defense for a director that, acting with ordinary care and in good
faith, relies upon the written advice of legal counsel for the corporation. However, neither
the LGCs officers nor directors sought the advice of bond counsel when deciding to delay
issuance of the bonds.
13 Tex. Bus. Org. Code 22.235.
14 Ritchie v. Rupe, 443 S.W.3d at 868, citing Intl Bankers Life v. Holloway, 368 S.W.2d 567, 577
(Tex. 1963).
15 Miller paper
Page | 17



allege a violation. A decision by a corporate officer or director to delay the issuance of bonds
in order to benefit a corporate directors political fortunes may provide a reasonable basis
for asserting that the duty of loyalty has been compromised.

STANDARDS POTENTIALLY VIOLATED BY DECISION TO DELAY BOND ISSUANCE AND
AVAILABLE REMEDIES

Statutory Fiduciary Duties.

As noted above, the Texas NonProfit Corporation Act requires that a director shall
discharge the directors dutiesin good faith, with ordinary care, and in a manner the
director reasonably believes to be in the best interest of the corporation.16 Failure to adhere
to this standard could subject a director or officer to a civil lawsuit, provided that the litigant
can assert a harm caused by the alleged breach.

Although the LGC has no members or stockholders, an officer or director who violates his or
her duty to the corporation may be held accountable by the corporation itself. The LGC board
could conceivably bring suit against officers or directors who have breached their fiduciary
obligation to the entity. Such a remedy is virtually untested in the context of a local
government corporation, especially where the corporate directors are also public officials.
To the authors knowledge, no court has addressed the issue of whether municipal officers
retain any claim to governmental immunity when serving in a related, but distinct, corporate
capacity.

Common Law Duties of Care and Loyalty.

Because the LGC has no members or shareholders, a suit alleging a violation of the duty of
care or the duty of loyalty would have to be brought by the LGC itself. The LGCs Board, the
composition of which has changed significantly since the bonds were initially issued, could
vote to pursue civil legal action against a former or current officer/director that is suspected
of breaching his or her duty. As noted earlier, the Board did not secure insurance for its
officers; regardless, the LGCs indemnification provisions do not apply to conduct
undertaken in bad faith.

A lawsuit of this type may prove to be one of first impression in Texas jurisprudence. There
are many legal issues to be navigated, especially in light of the fact that the directors and
officers were also municipal officials. One would expect the defendants in such a case to try
to cloak themselves in the immunity afforded to City officers; however, for the reasons set
forth above, the Transportation Code appears to impose traditional corporate standards of
care on LGC officers and directors. Additionally, there is nothing in either the Transportation
Code 431 or Local Government Code 394 that bestows sovereign immunity on municipal
officials serving on a separate corporate entity. Further, actions taken in bad faith would
undermine any claims of official immunity asserted by defendants. There appears to be no

16 Tex. Bus. Org. Code 22.221(a).
Page | 18



case law opining on the liability faced by municipal officers serving in a fiduciary capacity on
the board of a local government corporation. However, a recent federal case from the 5th
Circuit concluded that, while a school district would not be a proper defendant in a civil RICO
lawsuit, individual former board trustees were proper defendants in such a civil action.17

Texas Open Meetings Act.

Ms. Wilsons email suggests that several council members expressed concern about the
timing of the bond authorization. The LGC is made subject to the Texas Open Meetings Act
by the Transportation Code, the Local Government Code, and the LGCs own incorporation
documents. To the extent that directors engaged in discussions regarding the delay of bond
issuance or if an officer polled a majority of the board regarding that issue those
individuals involved could be alleged to have conspired to violate the Act.

Fiduciary Duty Established by Citys Ethics Ordinance.

The LGCs Bylaws expressly make its officers and directors subject to the Citys ethics
ordinance. The Citys ethics ordinance, in its first sentence, imposes a fiduciary obligation
on its officers and employees:

All city officers and employees have a fiduciary duty to the citizens of the city to
be ethical in fulfilling the responsibilities of their positions. At the very least,
being ethical includes being disposed to comply with all laws that apply to ones
position.18

Clearly, the LGC officers and directors have a fiduciary obligation to the LGC itself. Normally,
this fiduciary obligation would be limited to the LGC, since the bonded indebtedness is not
attributed to the City itself. Had the payment of debt been limited to payment from hotel
occupancy taxes, the residents of El Paso may not have faced any financial harm. However,
the structure of the ballpark financing involves an appropriation of City general funds. In
order to make the financing feasible, the City obligated itself to appropriate public funds to
cover any shortfall in hotel occupancy taxes. The delay of bond issuance resulted in millions
of dollars more in debt service. Although quantifying harm to taxpayers may prove
challenging, a resident could still assert that, by delaying the bond issuance for political
reasons, the culpable officers or directors breached their fiduciary duty to the citizens of El
Paso.

In addition to the decision to delay bond issuance by the LGC, there was a separate decision
made to remove the related City resolution from the City Councils April 30, 2013, agenda.
This would be a decision made by individuals acting in their public as opposed to corporate
capacities. Any officials who were involved in the decision to delay City approval of the

17 The Gil Ramirez Group, L.L.C. v. Houston Independent School District, Case No. 1320753
(5th Cir. May 18, 2015).

18 El Paso Code of Ordinances, Section 2.92.101(A).
Page | 19



bond documents and who are still in office could be subjected to a sworn complaint with the
local Ethics Commission alleging a violation of his or her fiduciary duty.

AUTHORITY OF TEXAS ATTORNEY GENERAL RE: CORPORATIONS

The Texas Business Organization Code authorizes the Texas Attorney General to investigate
the organization, conduct, and management of a filing entity or foreign filing entity and
determine if the entity has been or is engaged in acts or conduct in violation of: (1) its
governing documents; or (2) any law of this state.19 Additionally, the same statute
authorizes the Attorney General to inspect, examine, and make copies of corporate records
to the extent that the Attorney General considers it necessary in the performance of a power
or duty of the Attorney General.20 A record of the entity includes minutes and a book,
account, letter, memorandum, document, check, voucher, telegram, constitution, and
bylaw.21 Therefore, the Attorney General is vested with the authority to inspect documents
and investigate legal violations committed by directors or officers of the LGC. Additionally,
the Attorney General is statutorily empowered to maintain a corporate integrity unit, which
is authorized to assist in the enforcement of law relating to corporate fraud or other similar
legal activities.22

Additionally, the Texas Property Code empowers the Texas Attorney General to initiate
proceedings alleging a breach of fiduciary duty by certain nonprofit entities or an entitys
fiduciary or managerial agent.23

LEGAL OPTIONS

Should the City Council wish to pursue this matter further, the following options are
available:

1. The City Council may seek to compel Ms. Wilson to identify those LGC directors at whose
direction she acted. This may be done via the Councils subpoena duces tecum authority;
alternately, the LGC Board may convene and authorize a presuit deposition of Ms. Wilson
or another officer/director to determine whether grounds exist for a subsequent lawsuit.

2. The City Council may refer the matter to the Attorney Generals office who has
jurisdiction over corporations generally, nonprofit corporations specifically, and bond
issuances for further investigation.

Regardless of whether the City Council pursues any of the above options, serious thought
should be given to continuing to serve in dual municipal and corporate capacities. If City

21 Id.
22 Tex. Govt Code 402.0231.
23 Tex. Prop. Code, Chap. 123.
Page | 20



officials are inclined to continue serving in dual capacities, it is recommended that the LGC
directors: (1) secure training in the standards of conduct facing corporate officers; (2) use
LGC funds to purchase insurance for LGC directors and officers; or (3) both.

Page | 21



OPEN RECORDS ANALYSIS

Page | 22



BACKGROUND

Among the scope of work authorized by the City Council was to review the City of El Paso
processes and procedures regarding responses to open records requests to verify
compliance with the Texas Public Information Act.

The Citys current process for handling public information act requests has recently
undergone review and modification in conjunction with the lean six sigma program. This
reports author has reviewed updated process maps and presentations outlining changes to
the process. Of the resulting recommendations, the inclusion of the City Attorneys
department earlier in the process is likely the most significant.

Two recent incidents seem to have generated concern among the Council with regard to
compliance with the Texas Public Information Act. The first involves the failure of the City
to timely produce emails of Chief Financial Officer Mark Sutter. The second involves
allegations that were raised during the course of the investigation that staff within the City
Managers office were deeming responsive documents as nonresponsive because their
release would contradict public statements made by City management.

The first incident, involves a request from the El Paso Times submitted on November 9, 2015.
In responding, the City failed to provide responsive emails to and from the Citys Chief
Financial Officer, Mark Sutter. It was determined that Dr. Sutter had directed the Citys IT
staff to search subfolders and files on his laptops hard drive. The IT staff agreed to conduct
the search as directed, but then failed to actually do so. When the mistake was raised, the
search was conducted properly and the resulting documents released. The mistake was
described as a human error by the City Attorney and there is no evidence to indicate that
was an intentional omission.

The second incident also involves documents allegedly responsive to a public information
request from the El Paso Times. The following request was received by the City on September
15, 2015:

The period covered by this request is Jan. 1, 2014, to Aug. 31, 2015.
I am requesting any listing, documents, spreadsheets, etc., of proposed or
completed projects submitted by individual city council members for
consideration by city staff. I also am seeking any documentation that details the
status of these requests.

My request is referring to proposed, completed or programmed projects.
I am requesting information on projects that are proposed, approved or adopted
that were submitted by individual city council members for consideration.
I am seeking all emails, texts or communications to or from the leadership of the
CID (Fred Lopez, Monica Lombrana), as well as City Manager Tommy Gonzalez,
regarding projects proposed by individual city council members.
Page | 23



In response to the request, the legal department distributed the request to the appropriate
departments. The responsive documents were compiled by the City Managers office and
delivered to the City Attorneys office for legal review. Ultimately, 399 pages of responsive
information were released to the Requestor. At issue is whether two particular documents
were responsive and, if so, whether they were intentionally withheld by the office of the City
Manager. The documents were among those provided by Fred Lopez of the Capital
Improvement Department to Martin Bartlett in the City Managers office. Mr. Bartlett
delivered the documents to Public Information Officer Juliet Lozano. However, the two
documents at issue did not make their way to the City Attorneys office or, ultimately, to the
Requestor.

The concern is that the documents (attached as Exhibits J & K) were (1) responsive, and (2)
withheld because they did not comport with the City Managers public statements that he
gave only general direction with regard to street resurfacing priorities.

One document is entitled Capital Improvement Program Priority Projects By District. 24
The document contains a chart for each city district. The chart entitled District 2 Resurfacing
Plan includes a chronology of events in the process, as well as whether each step in the
process is completed or pending. The process is shown as:

City Manager Review
City Representative Review
EPDOT: Create prioritization plan for District 2 streets
CIP Planning: Review prioritization plan for District 2 streets
EPDOT to reprioritize plan based on input from Rep. Romero
Construction: EPDOT to create schedule

The concern appears to be that, because the relevant portion of the document shows the first
step in the process as City Manager Review that its release would contradict public
statements that the City Manager gave only general direction. Regardless of the motive, a
determination was apparently made by the City Managers staff that the document was not
responsive and was, therefore, not produced in response to the request.

The document itself certainly appears to be a listing, document, or spreadsheet of proposed
or completed projects submitted by individual City Council members, and details the status
of those requests. Similarly, it includes information on projects that were proposed and
approved by individual City Council members for consideration. While the document does
not identify council representatives by name, it does organize the project by each
representatives district, and includes projects that were requested by individual
representatives. For example, the document lists as a project the removal of the Timberwolf

24 These documents were continually updated by staff. The attached Exhibit J is dated May
4, 2015; the document provided to Ms. Lozano had the same title but was dated April 12,
2015. It is included within Exhibit M.
Page | 24



Roundabout in District Two. This project was conducted in response to a request submitted
by an individual council member. Further, the document at issue was identified as
responsive by the department compiling responsive documents.

The second document is a Capital Improvement Plan Status Update dated August 14, 2015.
Its purpose was to track start dates and end dates for design and construction of street
projects by district. This reflects a revised format, requested by the City Manager in the
summer of 2015, so that he could begin utilizing the spreadsheet in meetings with City
representatives and to track funding and other information by district. Like the other
document, it appears to fall within the scope of documents sought by the request in that it
details the status of projects submitted by individual council members (i.e., the removal of
the Timberwolf Roundabout in District Two). Further, it was identified as responsive by the
department tasked with identifying responsive documents.

As part of this investigation, Ms. Lozano was made aware of this issue, provided with copies
of the two documents at issue, and was asked to answer a list of questions. (See Exhibit L)

In response to the questions, Ms. Lozano acknowledged that she and Monica Lombrana
(Interim Director of the Capital Improvements Department) made the determination that
the documents were not responsive to the Request. (See Exhibit M) As justification for her
decision, Ms. Lozano asserts that the documents do not reflect projects submitted by
individual council members. She claims that the projects listed in these documents relate
to the Capital Improvement Plan none of these projects were submitted by individual
council members. Instead they were added to the Plan through the extensive processes
outlined above. Her conclusion is questionable. As cited above, one obvious project that
was submitted by an individual council member as opposed to going through the standard
procedure was the removal of the Timberwolf Roundabout requested by Representative
Romero. This project does not appear to have gone through the normal process for the
approval of a CIP project, but was a removal of an approved improvement made at the
request of one council member.

CONCLUSION

It does not appear that these incidents are reflective of systemic problems with the Citys
method of handling requests for public information. The first instance appears to be an
inadvertent mistake, which was identified and remedied. The second instance is more
problematic in that the Public Information Officer made the determination as to whether
certain documents were responsive, disregarding the initial evaluation of the applicable
department and failing to provide the City Attorneys office with the opportunity to offer an
independent analysis. No process can perfectly safeguard against individual efforts to
undermine it. This is recognized by the Public Information Act itself, which provides a
criminal penalty25 for an individual that improperly withholds information:

25 A misdemeanor punishable by a fine not to exceed $1,000, six months confinement, or
both fine and confinement.
Page | 25



An officer for public information, or the officers agent, commits an offense if,
with criminal negligence, the officer or the officers agent fails or refuses to give
access to, or to permit or provide copying of, public information to a requestor
as provided by this chapter.26

Consequently, the Citys Public Information Officer and that persons agents should
exercise caution when determining what is considered responsive information. The best
approach is to provide any documentation that is reasonably considered responsive to the
City Attorneys office for a legal analysis and determination.

RECOMMENDATION

Consider establishing a requirement that all documents initially compiled in response to a
request be provided to the City Attorneys office for legal review, and prohibiting the Public
Information Officer or her designees from making a determination as to the
responsiveness of a document.

26 Tex. Govt Code 552.353(a).
Page | 26

Exhibit A
Exhibit B
a.
Did you have any communication (conversations, emails, text messages, telephone calls,
etc.) with anyone on city council, including but not limited to Representative Romero,
pertaining to issuing an RFQ for a new financial advisor (the FA-RFQ) before or after
the July 22, 2014 budget hearing? If so, please describe in detail those communications.
Since my arrival in El Paso, at individual meetings with council members, I did hear a
consistent message that the Council members were not pleased with the advice from
the financial advisor. They conveyed concern regarding how the bond sale was
handled and were displeased with the advice they were receiving internally from staff.
I heard from the following Council members:
-Representative Lily
-Representative Romero
-Representative Acosta
-Representative Robinson
-Representative Noe
-Representative Holguin
-Representative Limon
-Representative Niland
I did inform First Southwest and they asked for permission to meet with council. They
proceeded to meet with the City Council
Still after those meetings I was told by Representative Niland Yes bring that back all
day long so we can vote on it.
b.
Did you have any communication (conversations, emails, text messages, telephone calls,
etc.) with anyone on your senior staff, to discuss issuing an FA-RFQ before or after the
July 2014 budget hearing? If so, please describe in detail those communications
I did ask for updates via email from Dr. Mark Sutter, our Chief Financial Officer
I also made a comment about the length of the RFQ
(Please see exhibit 1)
c.
d.
What gave you the impression that either you or Representative Romero had the
concurrence by majority of council (as opposed to solely Rep. Romero) to issue the FARFQ? Did you re-listen to that portion of the city council meeting where proposed issuing
a FA-RFQ to determine whether his remarks were generally approved by City Council?
Was it your impression and/or belief that you could/can proceed to issue a request for
qualifications at the request of a single representative?
The information below is the response for questions (c,d)
The very first task I had to tackle when I arrived in June 2014 was to address the
budget that needed to be filed by June 30, 2014.
The City was faced with a $7.9M deficit at the time
The July 22, 2014 meeting where Representative Romero requests from staff to
look at putting out an RFQ for a new financial advisor is a 2014 Budget Meeting
( meetings are available on Citys homepage)
From July 21-July 24, 2014 departments presented their budgets to Mayor and
City Council (meetings are available on Citys homepage)
After each presentation, Mayor and City Council would discuss the budgets and
make requests of the City Manager and departments
All of these requests were placed on a master list that was shared with City
Council on August 4, 2014 to allow Mayor and City Council time to review the
list and have the opportunity to make additions/changes/voice concerns before
the budget was finalized (Please see exhibit 2)
The Budget Request list was sent to Mayor and City Council a second time on
August 11, 2014 (Please see exhibit 3)
The Budget Request was again sent to Mayor and Council a third time on August
12, 2014 (Please see exhibit 4)
e.
f.
g.
The only items on the budget request list that are voted on are the items that have
a budgetary impact (Please see exhibit 5)
The creation of this list is part of the budget process
When the request was made by Representative Romero at the July 22, 2014
meeting, Mayor and City Council did not comment
The Council did not vote on the requests because the list was a part of the followup items to the budget process
Mayor Leeser and City Attorney, Sylvia Firth were both present at the July 22,
2014 meeting and did not mention the Norton Rose Fulbright report nor the
email from previous City Manager
Since I had already received negative comments regarding the bond sale and the
performance of First Southwest, I did not question Councils concurrence
When the issue about the FA-RFQ came up and I had to present my report to
Mayor and City Council on December 7, 2015 my staff passed out the Budget
Request lists to Mayor and City Council to remind them once again about the
process
Did you have any communication(conversations, emails, text messages, telephone calls,
etc.) with Estrada Hinojosa, including but not limited to Noe Hinojosa (hereinafter
collectively Hinojosa) pertaining to issuing an RFQ for a new financial advisor (the
FA-RFQ)? If so, please describe in detail those communications.
No I did not have communication with Estrada Hinojosa pertaining to issuing
the RFQ for a new financial advisor
Did you have any communication(conversations, emails, text messages, telephone calls,
etc.) with Hinojosa pertaining to the language or terminology to be included in the FARFQ? If so, please describe in detail those communications
No I did not have any communication with Hinojosa pertaining to the
language or terminology included in the FA-RFQ
What authority do you believe you had to issue the FA-RFQ without full City Council
authorization?
I was not directly involved with the issuance or the process used to issue the
FA-RFQ, however as part of the process to create the report requested by
Mayor Oscar Leeser on November 25, 2015 I requested the information
pertaining to this issue
As detailed in the report submitted to Mayor Leeser on Dec. 2, 2015 and
presented to Mayor and City Council on Dec. 7, 2015, please see explanation
below pulled from the report pg.3
Why didnt staff go to Council for approval prior to issuing the RFQ?
Staff followed the regular process in place to go out for an RFQ.
The task of releasing an RFQ is an operational function that falls under the
direction of the City Manager. For clarification purpose, it is important to
note that the Citys financial adviser answers to the Chief Financial Officer.
As part of the regular process all RFQs/RFPs/Bids over $50,000 must go to
Council for final approval. Staff was in the process of preparing the necessary
documents to go to Council on the financial adviser RFQ.
A self-imposed City resolution requires Council approval prior to issuance
of RFQs only when the City is going to request a Construction Manager at
Risk or Design Build project.(please see exhibit 6)
This year City staff has gone before Council prior to issuance for the
following four projects:
o CMAR: Chihuahuan Desert Zoo Project
o CMAR: Multi-Purpose Cultural and Performing Arts Center
(Arena)
h.
o Design Build: Spray Parks (citywide)

o Design Build: Eastside Regional Sports Complex
Examples of staff going out for RFQs prior to Council approval include:
o Lobbyist for legislative priorities: $98,000
o Third Party Administrator: $45,149,599
o Supplemental Benefits: $652,000
o Articulated Buses: $217,441,184
o 311 Call Center: $5.4 million
Additionally, I believe the explanation in questions a,c,d help clarify why I
believed we had authorization to go forward with the FA-RFQ
Is it your understanding or belief that the FA-RFQ required City Attorneys Review
before issuance? If so,why was this not done?
I was not directly involved with the issuance or the process used to issue the
FA-RFQ, however as part of the process to create the report requested by
Mayor Oscar Leeser on November 25, 2015 I requested the information
pertaining to this issue

Why didnt staff include the City Attorneys Office prior to issuance of the
Financial Adviser RFQ?
Staff followed the regular process in place for the issuance of a RFQ.
When staff seeks out routine services such as financial adviser, accounting
services, third-party administrators; the City Attorneys Office is included at
the end of the process to assist with the contract and necessary documents
needed to go to Council for approval.
When staff elects to outsource a certain operational function, such as
CMAR construction projects, Sun Metro/LIFT Administration (First Transit
and MV Transportation), the City Attorneys Office is part of the process
from the very beginning. (Please see exhibit 7)
i.
When did you first become aware that the contract with First Southwest would have to be
terminated in order to retain services of another financial advisor?
1. Did you believe that such termination would be for convenience or cause?
2. What led you to reaching such a belief?
3. When did you become aware of the applicable notice requirement for
terminating First Southwests contract?
As I have mentioned I was not directly involved with the issuance or the process used
to issue the FA-RFQ and was not familiar or involved with the details regarding the
termination of the contract
However, when the FA-RFQ became an issue and City Attorney, Sylvia Firth told me
about the Joyce Wilson email and the Norton Fulbright Report I immediately directed
staff to cancel the FA-RFQ
After the RFQ was cancelled on October 13, 2015, it was explained to me that the
termination was part of the process and that Council authorizes the termination not
staff.
Staff was simply handling the administrative work for the actual vote by Council
j.
Why did you direct the Chief Financial Officer to utilize a three-week response period
when the Citys procurement policy requires a minimum of four weeks to respond to an
RFQ?
Were you familiar with the procurement policy before you directed staff to require a
three-week response period?
To clarify the comments being referenced in this question was NOT a
directive, it was merely me sharing my thoughts
On a regular basis, the CFO receives information from various financial
advisors wanting to do business with the City, because of that, in my
opinion, companies are interested in responding to an RFQ
I was NOT aware that the policy required four weeks, I do rely on staff to
follow policy and bring items to my attention that are not consistent with
policies in place
In this case, staff did not clarify the policy with me after my email but they
did follow the policy.
presented to Mayor and City Council on Dec. 7, 2015, please see timeline
-FA-RFQ released 4-28-15
-Proposals due 5-27-15
k.
Why the City Attorneys Office was ultimately consulted with respect to the FA-RFQ?
Whose idea was it to involve them?
As I responded in question (h), I was not directly involved with the issuance
or the process used to issue the FA-RFQ, however as part of the process to
create the report requested by Mayor Oscar Leeser on November 25, 2015 I
requested the information pertaining to this issue

Why didnt staff include the City Attorneys Office prior to issuance of the
Financial Adviser RFQ?
Staff followed the regular process in place for the issuance of a RFQ.
When staff seeks out routine services such as financial adviser, accounting
services, third-party administrators; the City Attorneys Office is included at
the end of the process to assist with the contract and necessary documents
needed to go to Council for approval.
When staff elects to outsource a certain operational function, such as
CMAR construction projects, Sun Metro/LIFT Administration (First Transit
and MV Transportation), the City Attorneys Office is part of the process
from the very beginning.(Please see exhibit 7)
As part of the regular process in place for RFQs, the City Attorneys Office is
included at the end of the process when staff seeks out routine services such as a
financial advisor.
Staff had completed the process and was ready to place the item on the City
Council agenda, so the CFO and the Purchasing department went to the City
Attorneys Office to prepare the contract and the necessary paperwork.
It was then that Sol Cortez the City Attorney that handles purchasing items
shared the item with City Attorney, Sylvia Firth
At that time, Sylvia Firth emailed the CFO to alert him that she had concerns
with the solicitation

presented to Mayor and City Council on Dec. 7, 2015, please see timeline below
pulled from the report pgs.5,6 &7
Why was the decision made to stop the Financial Adviser RFQ process?
As previously mentioned, part of the RFQ process requires staff work with
the City Attorneys office to create the contracts and necessary documents to
take to Council for approval. Below is a timeline of the flow of information
that lead to the City Manager directing staff to terminate the Financial
Adviser RFQ process:
September 1, 2015 Staff informed Assistant City Attorney Sol
Cortez about the need to create the necessary documents to take the
action to Council for approval.
September 3, 2015 City Attorney Firth reached out to Chief
Financial Officer Mark Sutter to inform him that she had concerns.
City Attorney Firths concerns are related to Financial Advisers (FA)
Estrada and Hinojosa.
September 21, 2015 Chief Financial Officer Sutter asked Internal
Auditor Edmundo Calderon to assess FA Estrada and Hinojosa and
report back any concerns. Internal Auditor Calderon reports that he
did not find any concerns.
September 25, 2015 Chief Financial Officer Sutter follows up with
City Attorney Firth and she again said she was concerned about the
intent to terminate the contract with First Southwest. They discuss
scheduling a meeting about contract issues.
September 27-28, 2015 Chief Financial Officer Sutter and City
Attorney Firth discuss scheduling a meeting about contract issues.
Chief Financial Officer Sutter also tells City Attorney Firth that he
has spoken to City Manager Gonzalez about the City Attorneys
concerns.
October 1, 2015 Chief Financial Officer Sutter place Financial
Adviser RFQ on hold.
October 8, 2015 Chief Financial Officer Sutter and City Attorney
Firth discuss the City Attorneys concerns a second time. The
concerns are related to Financial Advisers First Southwest.
October 12, 2015 City Attorney Firth sends Norton Rose Fulbright
report to Chief Financial Officer.
October 13, 2015 Chief Financial Officer Sutter responds to City
Attorney Firth regarding Norton Rose Fulbright report.
October 13, 2015 City Manager verbally directs Chief Financial
Officer Sutter to halt the solicitation for requests for qualifications
for a financial adviser after receiving information from City Attorney
Firth and Chief Financial Officer Sutter.
October 19, 2015 Purchasing Department sends Notice to Expire
letters to the four Financial Advisor vendors.
November 17, 2015 City Manager Gonzalez receives the Joyce
Wilson email from City Attorney Firth.
December 1, 2015 Norton Rose Fulbright report released to allow
City Manager and the public to review the information pertaining to
the financing of the ballpark. This is the first time City Manager
Gonzalez has access to the report.
(please see exhibit 8)
l.
It is important to note that I have created a team called the Legal Implementation
Team (LIT) to address legal issues that have been lingering for a while and to
discuss major legal issues ahead of time. The team includes the City Attorney and
several of her staff and members of the City Managers staff.
When I questioned the CFO on the fact that the FA-RFQ had not been included in
any of the LIT meetings, he responded that he did not include the item because it
seemed routine and was not a major issue.
When did you first become aware of any prior relationship between Representative
Romero and Estrada Hinojosa? How did you learn of the prior relationship?
I dont recall hearing about the relationship from anyone
The relationship came up with media
Prior to that I was not aware that actual employment ever took place
m. By proceeding to issue an RFQ for financial advisor, is it reasonable for one to reach the
impression that Representative Romero could improperly influence you in the
performance of your official duties? If not, please state in detail why it is not.
No it is not reasonable for one to reach that impression
I believe I clearly shared in my response in questions (a) that Representative Romero
was not the only member of City Council that had concerns about the performance of
First Southwest in its handling of the ballpark bond sale
In my response to question ( c ) I have shared that during the July 22, 2014 Budget
meeting, Mayor and City Council members all made requests during those sessions
Representative Romeros request is #45 out 147 requests
Additionally, in my response in question (k) I have shared in the timeline that I was
not made aware of the Joyce Wilson email and the Norton Rose Fulbright report until
September and October 2015
These two documents clearly state that First Southwest was directed to hold off on the
bond sale, until after the mayoral election
This information proved that First Southwest had not mishandled the ballpark bond
sale, they were following the directive that they were given
This information led me to immediately stop the RFQ from going forward
It is important to note that I received the Joyce Wilson email from the City Attorney
on November 17, 2015
I received the Norton Rose Fulbright report on December 1, 2015 at the same time
that the City Council and the public received the report
To make sound decisions it is important to have all of the facts, the two documents
that I referenced above should have been shared with me when I arrived in June 2014
or at the minimum at the July 22, 2014 budget meeting, when Representative Romero
made his request
I firmly believe if the City Council members had received the two documents that I
referenced above, they would not have made the comments they shared with me
As a point of clarification, I still believe it was first Southwest fiduciary responsibility
to have said something in public to City Council
n.
o.
By proceeding to issue an RFQ for financial advisor, is it reasonable for one to reach the
impression that Estrada Hinojosa could improperly influence you in the performance of
your official duties? If not, please state in detail why it is not.
By proceeding to issue the RFQ for financial advisor, is it reasonable for one to reach the
impression that you were unduly influenced by kinship, rank, position or influence of
Representative Romero? If not, please state why it is not
It is an everyday occurrence to have Mayor and Council make requests
I have instituted a new process for all council requests

As detailed in the report submitted to Mayor Leeser on Dec. 2, 2015 and presented to
Mayor and City Council on Dec. 7, 2015, please see information below pulled from the
report pg.7&8
How are Council Requests handled by the City Manager and City staff?
October 4, 2015 City Manager Gonzalez implements a Council Request
process in order to address:
1. Council concerns that staff does not follow through on Council requests
2. Public perception that the City Manager and City staff respond to Council
requests without following processes.
This allows the assigned staff in the City Managers Office to send the
request to the appropriate department and receive a response and track all
requests.
In the first month, October 4-November 4, 2015, staff received 497
inquiries/requests and addressed 432 of those requests
(Please see exhibit 9)
p.
q.
r.
By proceeding to issue the RFQ for financial advisor, is it reasonable for one to reach the
impression that you were unduly influenced by kinship, rank, position or influence of
Estrada Hinojosa? If not, please state why it is not
impression that Representative Romero could unduly enjoy your favor in the
performance of your official duties? If not, please state why it is not.
As mentioned in my response in question (o) Mayor and Council make requests
everyday
I have worked towards instituting a customer focus to address the requests and
concerns of the community as well as Mayor and Council
I firmly believe that the Mayor and Council requests come from their constituents and
the needs of their districts, so I work to address their requests when possible
As you see in the Council Requests documents staff and I strive to address the
requests big and small
Some examples include:
District #1-expediting and starting the process for Robinson Street
District #2-basketball court resurfacing
District #3-bulb outs on Manor Place to reduce speeding
District #4-Securing funding for Futureland Park
District #5-legal implementation process guided the pace and helped to implement
annexation in the Far East for the long awaited Eastside Regional Park
District #6-Pavo Real facility improvements
District #7-basketball court resurfacing
District #8-bulb outs at El Barrio Park to address speeding and excessive traffic
Mayor-Requests for department support on various community initiatives
impression that Estrada Hinojosa could unduly enjoy your favor in the performance of
your official duties? If not, please state why it is not.
Throughout my career, I have worked with various companies in different cities and I
hold them all to the same standards, no matter the situation
As detailed in the report submitted to Mayor Leeser on Dec. 2, 2015 and presented to
Mayor and City Council on Dec. 7, 2015, please see information below pulled from the
report pg.7
What is the City Managers affiliation with First Southwest? Estrada and
Hinojosa?
While I was City Manager in Irving, the firm of Estrada and Hinojosa was
representing a private developer proposing an entertainment project to the city that
could have had a major financial impact on the city. The interaction was not a positive
one, because I was insisted that it was Mr. Hinojosas fiduciary responsibility to advise
the Irving council of potential financial risks.
(Note: During that same time First Southwest was the City of Irvings financial advisor)
s.
t.
Is there any basis for concluding that you recklessly disregarded an applicable policy or
procedure by initiating the FA-RFQ without explicit City Council approval? If not please
state in detail why there is not
No there is no basis for concluding such an assertion
Despite the fact that I was not directly involved in the issuance of the FA-RFQ, I have
stated that I rely on staff to follow policy. As City Manager, however, I am ultimately
responsible for any and all actions of my staff. I firmly believe that staff followed the
process and policies in place
The report submitted to Mayor Leeser on Dec. 2, 2015 outlines in great detail all off
the actions taken by me and my staff
My responses in questions (a) share in detail that Council shared concerns with me
about the ballpark bond sale and were not happy with First Southwest
In questions (c,d) I shared in detail that the request made in open session during a
budget meeting by Representative Romero was part of the budget process and the
council request master list was shared with Mayor and Council three times before the
budget was adopted and there were no concerns raised
I have also shared in question (g) that only Design Build and Construction
Management at Risk RFQs have to go to Council for approval before issuing an RFQ
Is there any basis for concluding that you recklessly disregarded an applicable policy or
procedure by ordering that the response time for the FA-RFQ be reduced to three weeks,
when the Citys procurement policy requires a minimum of four weeks to respond to an
RFQ? If not, please state in detail why there is not
No there is no basis for coming to such a conclusion
My response to question (j) fully explains what my intent was, please see response
below
To clarify the comments being referenced in this question was NOT a
directive, it was merely me sharing my thoughts.
On a regular basis, the CFO receives information from various financial
advisors wanting to do business with the City, because of that, in my
opinion, companies are interested and are ready to respond to an RFQ
I was NOT aware that the policy required four weeks, I do rely on staff to
follow policy and bring items to my attention that may not be following
policy
In this case, staff did not clarify the policy with me after my email but they
did follow the policy.
presented to Mayor and City Council on Dec. 7, 2015, please see timeline
-FA-RFQ released 4-28-15
-Proposals due 5-27-15
Exhibit C
Exhibit D
Exhibit E
12:10 PM
Quality Texas Foundation
02/02/16
Transaction List by Vendor

January 2013 through December 2015
Type
Tommy Gonzalez
Check
Check
Check
Date
04/01/2013
03/20/2014
03/20/2014
Num
3074
2981
2982
Memo
Clr
X
X
X
Account
1010 Cash in bank - Comerica Chk
Split
4210 Customer Training
9200-02 Instructor Travel
9200-01 Instructor Fee
Debit
Credit
1,079.75
489.31
1,000.00
Page 1
Exhibit F
Invoice
201 Woodland Park
Georgetown, Texas 78633
Bill To
Date
Invoice #
6/19/2013
1586
Ship To
Freese and Nichols, Inc.

Cindy Milrany
4055 International Plaza, Suite 200
Fort Worth, TX 76109
P.O. Number
Terms
Due Date
Rep
6/19/2013
Quantity
Item Code
Quest sponsorship
Description
Bronze Level Conference Sponsorship
Thank you for your support!
Please make all checks payable to: Quality Texas Foundation

Quality Texas Foundation is certified as a 501(c)(3) organization.
Tax ID# 74-2703727 Texas Vendor ID# 74-2703727-4
Please contact Quality Texas at 214-565-8550 with any questions regarding this invoice.
We appreciate your continued support of Quality Texas.
Price Each
1,000.00
Total
Amount
1,000.00
$1,000.00
Invoice
201 Woodland Park
Georgetown, Texas 78633
Bill To
Date
Invoice #
8/22/2014
1700
Ship To
Freese and Nichols, Inc.

4055 International Plaza, Suite 200
Fort Worth, TX 76109
P.O. Number
Terms
Due Date
Rep
8/22/2014
Quantity
Item Code
Examiner fee
Examiner fee
Description
Examiner Training Fee - Kim Thieme
Gary Soward (Training Only)
We look forward to working with you!
Please make all checks payable to: Quality Texas Foundation

Quality Texas Foundation is certified as a 501(c)(3) organization.
Tax ID# 74-2703727 Texas Vendor ID# 74-2703727-4
Please contact Quality Texas at 214-565-8550 with any questions regarding this invoice.
We appreciate your continued support of Quality Texas.
Price Each
1,100.00
1,100.00
Total
Amount
1,100.00
1,100.00
$2,200.00
Exhibit G
Exhibit H
Exhibit I
Exhibit J
CAPITAL IMPROVEMENT PROGRAM - PRIORITY PROJECTS BY DISTRICT - 5/04/15
1 Rim-Hague Enhancements
Intersection Improvement
Project
Project Scope
Extend curbs, ADA ramps, landscape median,
landscape improvements
City Manager Review

EPDOT to complete AutoCAD drawing of new curbs and median
CIP Planning: Create Alternative design & EPDOT to create CAD dwg
ECM: Create estimate for revised plan
CIP Planning: Create landscape plan for curb extension areas and median
CIP Planning: Jim and Rudy to meet with adjacent homeowners regarding
landscaping
Construction
EPDOT: Relocate stop signs
2 District 2 Resurfacing Plan
Street Resurfacing
Project Scope
Resurfacing, ADA ramps, and other
improvements when necessary
Street Rehabilitation Project
Secondary Lead
Start Date
Completion Date
James Fisk
Rudy Valdez
4/9/2015
6/5/2015
Irene Ramirez
Fred Lopez
Richard Bristol
James Fisk
Oscar Jaloma
Jim Fisk
Javier Reyes
Irene Ramirez
Rudy Pino
Rudy Valdez
Mario Cruz
Rudy Valdez
Complete
Complete
Complete
Complete
5/11/2015
5/4/2015
Complete
Complete
Complete
Complete
5/20/2015
5/21/2015
Jim Fisk
Rudy Valdez
5/11/2015
5/28/2015
Jim Fisk
Richard Bristol
Rudy Valdez
Rudy Pino
6/15/2015
7/6/2015
7/1/2015
7/10/2015
Primary Lead
Secondary Lead
Gilbert Guerrero
James Fisk
Start Date
Completion Date
4/9/2015
Pending
Fred Lopez
Ted Marquez
Richard Bristol
James Fisk
Richard Bristol
Richard Bristol
Irene Ramirez
Irene Ramirez
Harold Kutz
Kevin Smith
Harold Kutz
Harold Kutz
Complete
Complete
Complete
Complete
Complete
4/8/2015
Complete
Complete
Complete
Complete
Complete
Pending
Primary Lead
Secondary Lead
Start Date
Completion Date
James Fisk
4/9/2015
5/8/2015
Irene Ramirez
Ted Marquez
Rudy Pino
Fred Lopez
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Harold Kutz
City Manager Review

2 Timberwolf Roundabout
Primary Lead
Project Scope
Remove roundabout, remove water meter, install

Rudy Valdez
new asphalt at Timberwolf and Mathias
City Manager Review

EPDOT: Approve traffic control plan
EPWU to remove water meter, Irene to contact Alan Shubert
Fred Lopez
Fred Lopez
Richard Bristol
Irene Ramirez
1
EPWU removed water meter on 4/29/2015

EPWU: Install water meter for parkway landscaping
3 District 3 Arterial Lighting
Project Scope
Arterial Lighting for Viscount and Install arterial lighting in median using new
Yarbrough
spacing standard
Rudy Valdez
Rudy Valdez
James Fisk
James Fisk
Complete
5/7/2015
Complete
6/5/2015
Primary Lead
Secondary Lead
Start Date
Completion Date
Vikki Ruiz
Rudy Valdez
4/9/2015
8/27/2015
4/27/2015
5/1/2015
5/4/2015
5/28/2015
6/2/2015
8/28/2015
Scoping meeting
Vikki Ruiz
EPDOT: Analyze spacing standard using photometric software
Richard Bristol
Begin design
Vikki Ruiz
3 Viscount Landscaping
Landscaping Enhancement
Project
Project Scope
Install landscaping in median and southerly side
of roadway
Primary Lead
Secondary Lead
Start Date
Completion Date
Jim Fisk
Rudy Valdez
5/4/2015
8/27/2015
5/4/2015
5/8/2015
5/11/2015
8/27/2015
Scoping meeting
Joe Vela
Begin design
Joe Vela
5 Pebble Hills Arterial Lighting
Margaret
Schroeder
Margaret
Schroeder
Primary Lead
Secondary Lead
Start Date
Completion Date
Vikki Ruiz
Rudy Valdez
2/16/2015
3/20/2016
City Manager Review

Irene Ramirez
Irene Ramirez
Complete
Complete
Complete
Complete
Scoping meeting
Vikki Ruiz
Complete
Complete
Richard Bristol
4/13/2015
4/24/2015
Begin design
Vikki Ruiz
2/16/2015
Complete
Prefinal Design 3/16/2015
Vikki Ruiz
2/20/2015
Complete
Final Design
Vikki Ruiz
Fred Lopez
Fred Lopez
Margaret
Schroeder
Rudy Pino
Margaret
Schroeder
Margaret
Schroeder
Margaret
Schroeder
6/18/2015
6/1/2015
Arterial Lighting
Project Scope
Install arterial lighting in median using new
spacing standard
Margaret
Schroeder
Rudy Pino
Margaret
Schroeder
Vikki Ruiz
Margaret
Schroeder
9/1/2015
3/31/2016
Primary Lead
Rudy Valdez
Secondary Lead
Justin Bass
Start Date
5/11/2015
Completion Date
10/30/2015
James Fisk
Rudy Valdez
Rudy Valdez
Fred Lopez
Monica Castrejon
Joel McKnight
5/4/2015
4/24/2015
8/3/2015
5/14/2015
6/4/2015
12/4/2015
Primary Lead
Secondary Lead
Start Date
Completion Date
Rudy Valdez
James Fisk
4/29/2015
5/29/2015
Rudy Valdez
Rudy Valdez
Rudy Valdez
James Fisk
Joel McKnight
Joel McKnight
4/30/2015
5/18/2015
5/26/2015
4/30/2015
5/20/2015
5/29/2015
Secondary Lead
Start Date
Completion Date
Rudy Valdez
Complete
Complete
Fred Lopez
Fred Lopez
Richard Bristol
Richard Bristol
Jim Fisk
Irene Ramirez
Irene Ramirez
Rudy Pino
Rudy Pino
Rudy Valdez
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Project Scope
Primary Lead
Secondary Lead
Start Date
Completion Date
Recoat basketball court - Per Ray Cerda, no

reconstruction. Instead scape and resurface
$19,200, sport court cover option is $35,000
Rudy Valdez
Justin Bass
4/13/2015
5/29/2015
Rudy Valdez
Rudy Valdez
Carlos Adame
Joel McKnight
4/13/2015
4/27/2015
4/24/2015
5/29/2015
Contruction
6 Adrian Garcia Park
Park Improvement Project
Project Scope
Enlarge park into canal or adjacent area
CIP Planning: Site visit to provide recommendations to Rep. Ordaz

CIP Planning: Design park in coordination with Parks
Construction
6 Lancaster Park/Pond
Project Scope
Remove dead trees and shrubs and install new
trees

Construction
7 Montwood Parking Lane
Project Scope
Primary Lead
Remove no parking signs on Montwood, remove
bike/pedestrian signs, no parking on southerly
Jim Fisk
side of Linum
City Manager Review

EPDOT: Remove no parking and bike ped signs on Montwood
EPDOT: Place no parking signs on southerly side of Linum
CIP Planning: Coordinate with school staff and Rep. Limon's office
7 Reese McCord Park
CIP Planning: Select coating with Parks per El Barrio Park

Install coating on basketball court
3
8 Country Club Rd. Sidewalks

Street Enhancement Project
Project Scope
Install sidewalks at railroad right-of-way,
coordinate with railroad company
Coordination with railroad

EPDOT: Create AutoCAD drawing for sidewalks
Install sidewalks
8 Raynor Street Enhancements
Project Scope
Resurfacing, new curbs, sidewalks, street trees,
City Manager Review

CIP Planning: Street Trees - Arizona Ash every 25 feet
Rudy to meet with property owner to remove palm tree
CIP Planning: Medians - 5-foot width, length pending, landscape pending
CIP Planning: Crosswalks - select width, color, and pattern
CIP Planning: Inclusion of additional median shrubs
Drainage Improvements
Construction
8 Tula Irrobali Park
Primary Lead
Geoffrey
Espinelli
Secondary Lead
Margaret
Schroeder
Geoffrey
Espinelli
Richard Bristol
Geoffrey
Espinelli
Margaret
Schroeder
Rudy Pino
Margaret
Schroeder
Primary Lead
James Fisk
Fred Lopez
Irene Ramirez
James Fisk
Rudy Valdez
James Fisk
James Fisk
James Fisk
Geoffery
Espinelli
James Fisk
Project Scope
Primary Lead
Recoat basketball court, remove skateboard
platform, fence access, install benches and picnic Rudy Valdez
tables
City Manager Review

Parks: Remove skateboard platform and fix basketball backboard
Parks: Cut fence to provide access between baseball field and park
CIP Planning: Select picnic tables with Parks
CIP Planning: Select coating with Parks per El Barrio Park (use Bowie blue for
Install benches (donation) and picnic tables
Fred Lopez
Irene Ramirez
Rudy Valdez
Rudy Valdez
Rudy Valdez
Rudy Valdez
Rudy Valdez
Rudy Valdez
Start Date
Completion Date
3/30/2015
5/29/2015
4/13/2015
5/1/2015
4/13/2015
5/1/2015
6/8/2015
6/26/2015
Secondary Lead
Rudy Valdez
Start Date
4/6/2015
Completion Date
5/29/2015
Irene Ramirez
Fred Lopez
Fred Lopez
James Fisk
Fred Lopez
Fred Lopez
Fred Lopez
Complete
Complete
Complete
Complete
Complete
Complete
5/11/2015
Complete
Complete
Complete
Complete
Complete
Complete
5/15/2015
James Fisk
Fred Lopez
5/14/2015
4/6/2015
6/15/2015
5/29/2015
Secondary Lead
Start Date
Completion Date
Justin Bass
4/6/2015
5/29/2015
Irene Ramirez
Fred Lopez
Joel McKnight
Joel McKnight
Joel McKnight
Carlos Adame
Joel McKnight
Joel McKnight
Complete
Complete
Complete
4/13/2015
4/13/2015
4/6/2015
5/4/2015
4/27/2015
Complete
Complete
Complete
4/24/2015
4/24/2015
4/24/2015
5/29/2015
5/29/2015
8 Bowie Bakery
Project Scope
Install Street Trees
Install street trees and create ADA accessible curb
CIP Planning: Site visit, meeting with property owner and solution creation
Project scope and budget approved
Construction drawing creation
CIP Planning: Estimate for improvements (curb, s/w & ramp demo & relocation)
Storm and utility relocate
Construction:
Primary Lead
Fred Lopez
Jim Fisk
Fred Lopez
Fred Lopez
Secondary Lead
Jim Fisk
Fred Lopez
Irene Ramirez
Irene Ramirez
Start Date
5/1/2015
5/1/2015
Pending
Pending
Completion Date
8/15/2015
5/1/2015
Pending
Pending
Jim Fisk
Rudy Valdez
5/4/2015
7/1/2015
Rudy Valdez
Joel McKnight
6/15/2015
8/1/2015
Primary Lead
Start Date
Completion Date
3/23/2015
10/30/2015
Complete
Complete
Complete
Complete
CAPITAL IMPROVEMENT PROGRAM - REPORTS

Downtown Restroom Plan
Project Scope
Selection of sites
Coordination with PSB on water and wastewater utilities
Fred Lopez
Oscar Jaloma
Secondary Lead
Irene Ramirez
Fred Lopez
Bryan Crowe
Irene Ramirez
Report
Construct two Portland Loos in Downtown El Paso Oscar Jaloma
Coordination with Tracey Jerome, Dionne Mack, Tracy Novak, and Joel McKnight
Oscar Jaloma
Irene Ramirez
Complete
Complete
Finalize specific locations and order Portland Loos

Shipping and construction
Oscar Jaloma
Oscar Jaloma
Irene Ramirez
Irene Ramirez
5/4/2015
6/1/2015
5/29/2015
10/30/2015
CIP Quarterly Report
Project Scope
Update project information, additional project
summaries, new format changes
Primary Lead
Secondary Lead
Jim Fisk
Kevin Smith
Start Date
Completion Date
Complete
Complete
Project Scope
Evaluate projects over ten years, new aquatics
plan, analysis of demographics
Primary Lead
Secondary Lead
Start Date
Completion Date
Fred Lopez
CIP Team
2/16/2015
Complete
Secondary Lead
Start Date
Completion Date
Fred Lopez
Jim Fisk
2/16/2015
5/29/2015
Report
QOL Bond Program Update
Report
Street CIP Update
Report
Fred Lopez
Project Scope
Primary Lead
Evaluate projects based on meetings with City
representatives, debt model from Dr. Sutter, new Kevin Smith
direction from City Manager
Exhibit K
CAPITAL IMPROVEMENT
PROGRAM
Capital Improvement Department
City of El Paso
Status Update:
August 14, 2015
Contents
Upcoming Events
District 1
Current
Complete
District 2
Current
Complete
District 3
Current
Complete
District 4
Current
10
Complete
11
District 5
Current
12
Complete
12
District 6
Current
13
Complete
13
District 7
Current
14
Complete
14
District 8
Current
15
Complete
17
Downtown
Current
18
Complete
18
Multiple Districts
Districts 1 & 8
Current
19
Districts 2, 4, 5 & 8
Current
19
Districts 3 & 7
Current
20
Districts 3 & 8
Current
20
Districts 4 & 5
Current
21
Sun Metro
Current
22
Complete
22
Current
23
Complete
24
Airport
Distribution by Council District
25
Capital Improvement Program
Status Update
Upcoming Events
District
Description
Project
Project Manager
No upcoming events to report
Date/Time and Location
Status Update
District 1
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date
Construction Construction End

Date
Start Date
Vela, Joe
Resler Dr. Buffered

Bike Lane
Construction of a buffered bike lane

on Resler Drive from Helen of Troy to
Belvidere
$276,361
TXDOT - CMAQ
funding with
20% City match
12/1/14
5/5/15
9/1/15
Fisk, James
Rim/Hague
Intersection
Improvement
Extend curbs, ADA ramps, landscape

improvements to reduce cut-through
traffic from Rim to Hague while
maintaining existing connectivity
$140,000
2013 Street
Infrastructure
4/20/15
6/5/15
Espinelli,
Geoffrey
Robinson Street
Reconstruction of Robinson Avenue

between Piedmont Drive and Rim
Road in concrete panels.
$2,700,000
2013 Street
Infrastructure
3/25/13
Westside Pool
Design and construction of

natatorium to include competetive 50meter pool. Improvements to include
pedestrian-friendly amenities and
parking facilities with consideration to
pedestrian environment.
$13,382,000
2012 Quality of
Life Bond Issue
$17,900
2012 Quality of
Life Bond Issue
Garcia,
Daniel
Design
Status
Construction
Status
2/1/16
100%
0%
8/17/17
10/30/17
30%
0%
7/31/15
10/29/15
1/21/17
100%
0%
8/5/14
7/31/15
11/30/15
2/28/17
70%
0%
12/17/14
2/20/15
4/20/15
6/11/15
100%
100%
District 1 Completed Projects

Castrejon,
Monica
NIP Little River Park
Design and installation of new

landscaping with associated irrigation
system around the existing
playground area
Total Projects: 5
Total Projects Budget: $16,516,261
Status Update
District 2
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Venegas,
Rick
Chelsea Aquatic
Center
Construct new aquatic facility
$4,000,000
2012 Quality of
Life Bond Issue
1/11/16
3/31/16
1/11/16
Cruz, Mario
Curb Cut Demand

Program Dist 2
Install of sidewalks & curb ramps
$159,384
40th Yr CDBG
12/1/14
1/2/15
Cruz, Mario
Fire Station 16 New

Addition
Expand existing restroom, expand

locker room areas, build a weight
room, utility work
$254,969
2012-2013 CO's
3/24/14
Johnson Basin
Grading, playground area, flat field,

sidewalks, landscaping, parking lot
striping, area lighting, and park
amenities.
$400,000
2012 Quality of
Life Bond Issue
Adame,
Carlos
Logan Park
Improvements
Demolish and replace existing

playground with new shade canopy,
install accessible walk paths, area
lights bicycle rack, trash recepticles,
park benches, two picnic units with
shade and modify existing irrigation.
$669,082
Mota, Karla
McCall
Neighborhood
Center
Improvements
The project consist in the replacement

of vinyl floors and replacement of
roof system.
Castrejon,
Monica
Castrejon,
Monica
Castrejon,
Monica
Design
Status
Construction
Status
12/16/16
0%
0%
4/23/15
10/20/15
100%
35%
6/7/14
3/23/15
11/30/15
100%
85%
1/6/14
4/3/14
7/13/15
2/28/16
100%
0%
Community
Development
10/1/14
2/2/15
8/1/15
Pending
97%
0%
$123,169
Community
Development
3/16/15
5/11/15
11/2/15
3/14/16
100%
0%
NIP Patriot Place
Design and construction of conrete

slab and installation of 2 shaded picnic
tables, a trash receptacle and a light
pole
$50,900
2012 Quality of
Life Bond Issue
7/30/14
9/19/14
2/9/15
6/19/15
100%
98%
NIP Sunrise Park
Modifications to the existing

restrooms to permit access to the
public.
$26,354
2012 Quality of
Life Bond Issue
8/18/14
10/21/14
3/16/15
6/12/15
100%
98%
Status Update
District 2 Current Projects, cont.

Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Adame,
Carlos
Wellington Chew
Improvements
HVAC improvements to existing

facility, replace acoustic tile lay in
system and insulation, improve
existing women's and men's
restrooms and stage, improve existing
electrical main distribution panel and
upgrade fire alarm system
$362,367
Community
Development
10/2/14
2/8/15
Pending
Cepeda,
Ismael
Sunrise Park
Resurface basketball and tennis courts
$44,000
CO's
6/8/15
6/19/15
Espinelli,
Geoffrey
Five Points Quiet

Zone - Construction
Installatio of medians, sidewalk, curb

ramps, landscaping and street
resurfacing as well as replacement of
detiorated water line
$2,262,010
2013 CO's &

EPWU
5/13/13
PM
Design
Status
Construction
Status
8/1/16
100%
0%
6/29/15
7/27/16
100%
0%
1/14/14
4/28/15
9/1/16
100%
35%
Construction End
Date
Design
Status
Construction
Status

Project
Description
Budget Amount
Budget Source
Design Start
Date
Design End
Date
Construction
Start Date
Adame,
Carlos
Pollard Park Phase II
Remove all rock ground cover &

boulders & install top soil, turf drip
irrigation, trees, shrubs and rock wall
with wrought iron fencing.
$426,500
Community
Development
12/4/13
1/15/14
5/28/14
5/28/15
100%
100%
Valdez, Rudy
Timberwolf
Roundabout
Remove roundabout, remove water

meter, install new asphalt at
Timberwolf and Mathias
$11,000
2010 CO's
4/9/15
4/16/15
4/17/15
5/8/15
100%
100%
Radford Park
New three acre park with playground,

basketball court, turf, trees and
additional landscaping, pathways, and
picnic tables.
$1,000,000
2012 Quality of
Life Bond Issue
12/5/12
6/3/13
2/3/14
5/4/15
100%
100%
PM
Cepeda,
Ismael
Total Projects: 14
Status Update
District 3
Current Projects
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
De Vargas
Street reconstruction to include

infrastructure
improvement/replacement,
accessibility and landscaping
improvements.
$1,772,400
2013 CO's &

EPWU
2/16/15
10/14/15
1/12/16
Geiger Cardis Malaga
Drainage improvements,
reconstruction of roadway,
driveways,sidewalks,curb and gutter,
pedestrian bridges and safety lighting
$1,007,410
2013 Street
Infrastructure
03/25/2013
10/30/15
01/30/2016
Galvez,
Ismael
Glenwood

infrastructure
improvements.
$2,004,167
2013 CO's &

EPWU
6/15/15
2/10/16
5/10/16
Vela, Joe
Ramos Court, Little

Flower & Manning
Way Reconstruction
$1,797,308
2012-2019
Certificates of
Obligation
3/25/13
7/16/13
Galvez,
Ismael
Manor Place and

Barker Road
Improvements
$2,141,461
2013 CO's &

EPWU
5/13/13
Cepeda,
Ismael
NIP Valley
View/Crest Hills
Street Lights
Installation of 10 LED street lights.
$28,300
2012 Quality of
Life Bond Issue
Cepeda,
Ismael
Stiles Park Handball

Court
New full size handball court with ADA

acces
$71,300
Cruz, Mario
Toni, Mary Jeanne &

Yvonne
Full street reconstruction
$651,000
PM
Galvez,
Ismael
Cruz, Mario

infrastructure
improvements.
infrastructure
improvements.
Design
Status
Construction
Status
1/11/17
30%
0%
08/30/2016
30%
0%
7/4/17
0%
0%
8/1/14
9/30/15
100%
80%
6/30/14
1/5/15
9/30/15
100%
60%
1/13/15
2/9/15
6/22/15
8/23/15
100%
0%
2012 Quality of
Life Bond Issue
1/5/15
5/20/15
11/2/15
4/30/16
100%
0%
2013 Street
Infrastructure
10/30/14
10/30/15
2/1/16
7/30/16
30%
0%
Status Update

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Vela, Joe
Viscount Blvd.
Pedestrian & Bicycle
Enhancements
Construction of a hike and bike path

along Viscount Boulevard from
Montwood to Sunmount
$404,286
TXDOT - CMAQ
with 20% City
match
12/1/14
5/5/15
9/1/15
Cepeda,
Ismael
Vocational Park
Park pond with trees,walking path,

irrigation, playground
$908,266
2012-2013 CO's
and EPWU funds
10/4/10
4/30/12
Hernandez,
Ivan
MCA Quiet Zone
Creation of a Quiet Zone in MCA area
$2,000,000
TXDOT - CMAQ
with 20% City
match
11/24/14
Design
Status
Construction
Status
2/1/16
100%
0%
6/10/13
6/15/15
100%
98%
5/31/16
12/16/16
8/30/17
95%
0%
Design
Status
Construction
Status
100%
100%

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Hernandez,
Ivan
Barker Road
Street reconstruction and utility

upgrades
$1,025,587
CDBG & EPWU
6/12/12
10/18/12
5/20/13
Total Projects: 14
8/21/14
Status Update
District 4
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Rodriguez,
Julian
Barron Park
Park amenities such as picnic tables,

canopies and trash receptacles to be
installed by others
2012 Quality of
Life Bond Issue
11/13/12
5/16/13
2/3/14
Cruz, Mario
Curb Cut Demand

Program Dist 4
Install of curb ramps, sidewalks, Curb

& gutter
134,228
40th Yr CDBG
12/1/14
1/2/15
Cruz, Mario
Fire Station No. 23

locker room areas, build a multi
purppose room, utility work
254,969
2012-2013 CO's
3/24/14
Castrejon,
Monica
NIP Jorge Montalvo

Park
Jogging path and irrigation

modifications
67,300
2012 Quality of
Life Bond Issue
Venegas,
Rick
Richard Burges
Library
Renovation of existing library to

provide new children's area, new
circulation desk and updated
technology equipment
1,400,000
Cruz, Mario
Tuscany Street
Improvements
Street resurfacing, sidewalk, curb &

gutter repair, ramps
239,270
Gilliland,
Scott
Wren Street
Reconstruction of Wren Street from

Dyer to Shoppers adjacent to
proposed Northgate Transit Terminal
site
Gilliland,
Scott
Northgate Transit
Terminal
New Transfer Center
Design
Status
Construction
Status
7/31/15---
100%
80%
7/1/15
12/28/15
100%
0%
6/7/14
3/23/15
11/30/15
100%
50%
12/1/14
1/22/15
9/28/15
3/31/16
100%
0%
2012 Quality of
Life Bond Issue
10/1/13
6/30/15
TBD
TBD
93%
0%
40th Yr CDBG
4/21/15
4/28/15
8/1/15
1/28/16
100%
0%
1,500,000
Sun Metro
Grant and
Operating Funds
5/6/15
8/15/15
12/1/15
10/1/16
60%
0%
10,500,000
Sun Metro
Grant and
Operating Funds
5/19/15
8/15/15
12/1/15
TBD
50%
0%
1,500,000
---Estimated completion date
10
Status Update

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Cepeda,
Ismael
Skyline Park
Landscape improvements including

trees
583,510
2012-2013 CO's
and EPWU funds
10/4/10
4/30/12
6/10/13
Sandstone Park
Addition of playground and swing set

areas, half basketball court, 8-foot
wide asphalt jogging path, historical
marker, and landscape improvements
443,248
2006
CO's/Parkland
Dedication Fees
2/1/09
10/9/09
Mota, Karla
Total Projects: 11
11
Design
Status
Construction
Status
3/31/16
100%
100%
3/20/14
100%
100%
Status Update
District 5
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date
Garcia,
Daniel
Eastside Regional
Park
Master Plan to address development

of Eastside Regional Park to include
phasing, infrastructure, amenities and
style
$3,000,000
2012 Quality of
Life Bond Issue
8/28/14
6/30/15
Cepeda,
Ismael
Eastside Sports
Complex
Design/Build
$10,000,000
2012 Quality of
Life Bond Issue
10/12/15
Hernandez,
Ivan
Edgemere Rich Beem

Roundabout
$900,000
FHWA & CO's
11/25/14
6/1/16
Castrejon,
Monica
NIP Carlos
Bombach Park
Improvements
$97,200
NIP - QOLB
9/29/14
Rodriguez,
Julian
Pebble Hills Arterial

Lighting
Installation of new arterial lighting on

Pebble Hills from Joe Battle to John
Hayes.
$750,000
2012-2013 CO's
Rodriguez,
Julian
Pebble Hills
Extension
Extend Pebble Hills Boulevard to close

gap between Tierra Encino and
Zaragoza, to include median and
parkway landscaping and bike lane
improvements
$2,556,900
Rodriguez,
Julian
RC POE Roundabout
Construction of a new roundabout at

intersection of RC Poe & Edgemere
Design and construction of flat fields

on 80-acre parcel located at John
Hayes and Montwood.
Construction of roundabout at Rich
Beem and Edgemere to include
improvements
Design and installation of park
amenities and new trees and
irrigation system

Date
Start Date
Design
Status
Construction
Status
98%
0%
12/15/16
0%
0%
12/1/16
10/1/17
95%
0%
12/19/14
4/20/15
6/29/15
100%
75%
1/30/15
7/24/15
10/5/15
5/31/16
60%
0%
2013 Street
Infrastructure
9/3/13
2/17/15
9/1/15
5/31/16
100%
0%
$900,000
2013 Street
Infrastructure
10/31/11
4/24/13
6/1/16
3/28/17
100%
0%
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Design
Status
Construction
Status
No Related Construction
Design Build / To be determined

after award

PM
Project
Description
No completed projects
Total Projects: 7
12
Status Update
District 6
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Valdez, Rudy
Adrian Garcia Park
Park Improvement Project. Enlarge

park into canal or adjacent area.
$250,000
2012 Quality of
Life Bond Issue
5/11/15
10/30/15
8/3/15
Garcia,
Daniel
Irving Schwartz
Library
The work consists of miscellaneous

improvements and a 5000 SF addition
to Irving Schwartz Library.
$2,150,000
2012 Quality of
Life Bond Issue
11/16/13
7/30/14
John Lyons (Cheryl

Ladd) Park
Construction of a new park with

basketball and futsal courts, a sand
volleyball court, a multi-use field, new
landscaping, ADA-compliant walkways
and other amenities
$1,750,000
2012 Quality of
Life Bond Issue
8/6/12
$1,731,960
2010 Certificate
of obligation
Jaloma,
Oscar
Rodriguez,
Julian
Kernel Circle
Valdez, Rudy
Lancaster Park/Pond
Hernandez,
Ivan
Winn Rd. Extension
Reconstruction of roadway addressing

infrastructure
A park improvement project including
removal and upgrade of trees and
shrubs
Street construction from Zaragoza
Port of Entry to Pan American
$11,200
Design
Status
Construction
Status
12/4/15
15%
0%
4/20/15
1/16/16
100%
28%
6/28/13
11/18/13
6/12/15
100%
95%
1/3/13
9/11/14
2/18/15
10/15/15
100%
45%
5/18/15
6/1/15
6/1/15
6/15/15
100%
0%
6/1/20
0%
0%
Design
Status
Construction
Status
$10,500,000
FHWA & CO''s
7/1/15
12/1/17
12/1/18
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date

PM
Project
Description
Total Projects: 6
13
Status Update
District 7
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Adame,
Carlos
Argal Park at Las

Palmas
New park to include sod areas, trails,

native grasses, picnic benches and
other amenities
$10,000,000
2012 Quality of
Life Bond Issue
8/1/14
8/31/15
12/1/15
Vela, Joe
Independence Dr.
Enhancements

along Independence Drive from
Yarbrough to Whittier
$534,941
TXDOT - CMAQ
funding with
20% City match
12/1/14
5/5/15
Galvez,
Ismael
Pendale Road
Improvements
Install street improvements, ADA

improvements.
$2,404,190
2013 Street
Infrastructure
5/29/13
Valdez, Rudy
Reese McCord Park
Recoat basketball court - Per Ray

Cerda, no reconstruction. Instead
scape and resurface $19,200, sport
court cover option is $35,000
Mota, Karla
Travis White
Rockwall Repair
Remove, replace or reinforce

damaged rockwalls
$95,500
Gilliland,
Scott
CNG Fuel Dispensers

at MSC
Add 14 compressed natural gas fuel

dispensing islands to existing fuel
dispensing facility at eastside
Municipal Service Center
$650,000
Design
Status
Construction
Status
12/31/16
60%
0%
9/1/15
2/1/15
100%
0%
7/24/14
1/12/15
9/11/15
100%
70%
4/13/15
4/24/15
5/1/15
6/15/15
95%
0%
2006 CO's
2/25/15
7/31/15
10/19/15
1/30/16
95%
0%
Sun Metro
Grant and
Operating Funds
5/29/15
6/29/15
7/1/15
10/1/15
100%
1%
14

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Fisk, James
Montwood Parking
Lane
Remove bike/pedestrian signs,

remove "No Parking" signs on
Montwood and on southerly side of
Linum
$8,000
2010 CO's
4/9/15
4/16/15
5/1/15
Rodriguez,
Julian
Pasodale PH IV
Reconstruction of local streets to

address infrastructure improvement,
$3,050,000
2010 Certificate
of obligation
1/16/09
1/12/12
Cepeda,
Ismael
Yucca Park Basketball

Court - construction
Resurface existing basketball court,

construct new basketball court to
include ADA accessibility
improvements and landscaping
$380,000
2012 Quality of
Life Bond Issue
1/15/14
12/1/15
Total Projects: 8
15
Design
Status
Construction
Status
5/15/15
100%
100%
8/5/13
7/20/15
100%
100%
3/16/15
8/15/15
100%
100%
Status Update
District 8
Current Projects
Design
Start Date
Design
End Date

Date
Start Date
7/6/15
6/20/15
8/31/15
1/31/13
12/30/16
To be developed
5/4/15
To be developed
Budget
Amount
Design
Status
Construction
Status
9/15/15
15%
0%
9/30/18
9/30/20
85%
0%
6/5/15
8/31/15
10/30/15
50%
0%
4/15/15
11/31/15
1/2/16
6/30/16
25%
0%
2013 CO's &

EPWU
12/9/14
8/6/15
7/15/17
5/11/18
60%
0%
$3,109,900
2013 CO's &

EPWU
6/22/15
4/17/16
7/16/16
10/9/17
0%
0%
Elena & Feliz
Street reconstruction includeing

improvements. Drainage Study
currently underway to address basin
drainage requirements.
$1,380,000
2013 CO's &

EPWU
3/18/13
7/30/15
10/28/15
10/22/16
95%
0%
Flower Street
Street reconstruction including

improvements.
$2,051,430
2013 CO's &

EPWU
3/15/15
1/9/16
4/8/16
7/2/17
60%
0%
PM
Project
Description
Fisk, James
Bowie Bakery
Install street trees and create ADA

accessible curb ramp
Vela, Joe
CBD IV
Removal and replacement of

pavement, sidewalk, curb and gutter,
installation of new street trees and
decorative lighting on several
downtown streets, including
conversion of Kansas and Campbell
Streets to two-way traffic
Valdez, Rudy
Chihuahuita Park
Install additional lighting, two huacha

courts, benches, and landscaping at
City-owned parcel
Espinelli,
Geoffrey
Country Club Rd.

Sidewalks
Install sidewalks at railroad right-ofway, coordinate with railroad

company
Galvez,
Ismael
Dolan Street

improvements.
$944,400
Edna St

Rodriguez,
Julian
Galvez,
Ismael
Galvez,
Ismael
Budget Source
To be developed
$11,516,000
FHWA/TxDOT
16
Status Update

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Salinas, Lupe
Galatzan Park
New soccer field and landscaping
$420,213
2012/13 CO's
10/4/11
4/30/12
7/8/13
Espinelli,
Geoffrey
Love Road
Intersection
Landscaping Enhancement at the

intersection of Love Road and Country
Club
$47,700
NIP
4/15/15
7/31/15
Castrejon,
Monica
NIP Downtown
Shopping Benches
Provide and install 15ea benches in

various locations aling El Paso st. .
$59,600
2012 Quality of
Life Bond Issue
12/4/14
Vela, Joe
River Bend Dr.

Enhancements
Project supports development of a

pedestrian and bicycle corridor along
River Bend Drive between Frontera
Road and Turnstone Drive.
$1,182,000
TxDOT , 20122013 CO's
Valdez, Rudy
Tula Irrobali Park
Recoat basketball court, remove

skateboard platform, fence access,
install benches and picnic tables
Mota, Karla
Villa Maria Shelter

Improvements
Replacement of the Roof System,

modify sidewalk at front and rear
entrances for ADA compliance,
remove and replace HVAC equipment,
install skylights in all rooms, repair
sewer, water and gas lines, replace all
exterior windows
Castrejon,
Monica
Yandell Irrigation
System
Installation of curb extensions and

landscaping on Yandell between
Campbell and Ochoa
To be developed
$175,404
2012 Quality of
Life Bond Issue
17
Design
Status
Construction
Status
3/19/15---
100%
95%
12/1/15
3/31/16
50%
0%
1/22/15
9/28/15
3/31/16
100%
0%
12/1/14
5/5/15
9/1/15
2/1/15
100%
0%
4/6/15
5/1/15
5/25/15
7/24/15
100%
0%
3/18/15
8/3/15
12/1/15
4/4/16
98%
0%
5/28/15
6/18/15
6/8/15
8/29/15
85%
1%
Status Update

Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Design
Status
Construction
Status
Adame,
Carlos
El Barrio Park
Remove existing playground & wood

fiber & replace with new playgorund
& new rubber tile surface, install new
shade canopy, apply color anti-slip
surfacing at bball court, install new
CMU wall with wrought iron fencing.
$280,692
Community
Development
11/13/13
2/5/14
5/28/14
100%
100%
Fisk, James
Vista Grande Traffic

Calming
Install traffic calming measres
$5,000
NTMP
5/12/15
6/2/15
6/2/15
6/18/15
100%
100%
Hernandez,
Ivan
Santa Fe Pedestrian
Improvements
Widening of sidewalk, installation of

crosswalks, curb ramps, street trees
with irrigation system and
illumination.
$338,225
CAT-9 FHWA &

CO's
4/22/14
7/1/14
1/5/15
6/2/15
100%
100%
Espinelli,
Geoffrey
Raynor Street
Enhancements
Resurfacing, new curbs, sidewalks,

street trees, ADA ramps, landscape
medians, stamped concrete
crosswalks
$320,000
2013 Street
Infrastructure
4/6/15
4/15/15
4/6/15
6/30/15
100%
100%
PM
Total Projects: 18
18
Status Update
Downtown
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Guerrero,
Gilbert
San Jacinto Plaza
Reconstruction of San Jacinto Plaza
$6,000,000
2012 Quality of
Life Bond Issue
6/26/12
8/9/13
2/17/14
Fisk, James
Santa Fe
Enhancements II
Street Enhancement Project: Phase II

after baseball season - fixes,
additional textured crosswalks, street
trees, crosswalk concrete ribbons,
entryway sign
4/6/15
7/1/15
Espinelli,
Geoffrey
Train Way Bridges
Rehabilitation of bridge over the

Bataan train way along Santa Fe
between Franklin and Main Street.
$2,615,816
FHWA/TxDOT/Ci
ty
2/15/14
Ruiz, Vikkie
Rehabilitation of
Stanton, Santa Fe
International Bridges
The repair and rehabilitation of any

damaged concrete on the bridges'
substructure and superstructure and
failed joitn seals on the bridge decks.
$500,000
Bridge
Maintenance
Fund
To be developed
Design
Status
Construction
Status
11/30/15---
100%
80%
8/28/15
12/4/15
15%
0%
7/15/14
12/8/14
4/9/15
100%
99%
8/1/11
3/24/15
9/15/15
1/16/16
100%
0%
Design
Status
Construction
Status
Downtown Completed Projects

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Guerrero,
Gilbert
Pedestrian Pathways
Pedestrian pathway with sidewalks

and amenities
$6,500,000
2012 Quality of
Life Bond Issue
11/5/13
3/17/14
9/8/14
6/5/15
100%
100%
Guerrero,
Gilbert
Pedestrian Crossing
Pedestrian plaza over railroad
$2,338,745
FHWA's 2014
CMAQ
11/27/12
9/8/14
9/30/14
6/5/15
100%
100%
Hernandez,
Ivan
Sanata FE Pedestrian
Imrprovements
Sidewalk widening, installation of

with irrigation and illumination
$338,225
CAT-9 FHWA &

CO's
4/22/14
7/1/15
1/5/15
6/2/15
100%
100%
Total Projects: 7
19
Status Update
Multiple Districts
Districts 1 & 8
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Cruz, Mario
Schuster
Reconstruction of street within the 70

foot right-of-way of Schuster Street
from Prospect Street to N Stanton
Street.
$3,333,100
2012-2019
Certificates of
Obligation
10/1/15
9/25/16
12/24/16
Espinelli,
Geoffrey
Country Club
Reconstructio of Country Club Road

from Doniphan to Santa Teresita
$11,602,140
FWHA/TxDOT
12/30/10
2/2/13
9/26/13
Design
Status
Construction
Status
12/14/18
0%
0%
6/30/15
100%
99%
Design
Status
Construction
Status
95%
0%
Total Projects: 7
Current Projects
PM
Vela, Joe
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Safe Zone Safety
The project consists of a total of 19

locations with school zone flasher
assemblies, construction of ADAcompliant pedestrian ramps, signing
and striping
$1,548,874
TxDOT - CMAQ
funding with
City 9% match
4/15/14
7/30/14
11/30/15
Total Projects: 1
20
11/30/16
Status Update
Districts 3 & 7
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Espinelli,
Geoffrey
Carolina Bridge
Reconstruction of Carolina Bridge

between Stiles Road and Alameda
$5,547,850
FHWA/TxDOT/Ci
ty
1/12/14
5/30/15
1/2/16
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
$2,230,400
2013 Street
Infrastructure
2/4/15
1/30/16
6/1/16
$2,249,300
2013 Street
Infrastructure
1/22/15
11/18/15
$2,357,300
2013 Street
Infrastructure
11/24/14
11/19/15
Design
Status
Construction
Status
100%
0%
Design
Status
Construction
Status
11/23/17
30%
0%
3/1/17
11/26/17
45%
0%
6/1/16
8/25/17
60%
0%
2/15/17
Total Projects: 1
Districts 3 & 8
Current Projects
PM
Project
Galvez,
Ismael
Alicia Street
Galvez,
Ismael
Cortez Street
Galvez,
Ismael
Encino St
Description
infrastructure
improvements.
infrastructure
improvements.
infrastructure
improvements.
Total Projects: 3
21
Status Update
Districts 4 & 5
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Espinelli,
Geoffrey
NTMP 2014
Install Traffic Calming Measures at

Heven Rock, Regulus, Breckenridge
Dr., Ro8und Roack Dr.
$2,000,000
2013 Street
Infrastructure
7/1/14
8/31/15
11/1/15
Total Projects: 1
22
7/31/16
Design
Status
Construction
Status
60%
0%
Status Update
Sun Metro
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Hernandez,
Ivan
Alameda RTS
Rapid Transit System improvements

from Mission Valley Transfer Center
to Downtown Transfer Terminal.
$37,800,000
FHWA & CO's
5/1/11
7/16/15
11/4/15
Hernandez,
Ivan
Alameda Pedestrian
Improvements
Sidewalk & parkwar repairs along

Alameda corridor
$1,500,000
CAT 5 FHWA
7/31/15
5/31/16
10/31/2016
Vela, Joe
Dyer RTS

from Northeast Transfer Center to
Downtown Transfer Terminal
$11,556,785
TxDOT Cat 7 Sun Metro
4/15/13
12/30/15
Vela, Joe
Dyer Pedestrian
Improvements
Accessibility and landscaping

improvements associated with Rapid
Transit System
$1,500,000
TxDOT - CAT 5
11/30/16
Ruiz, Vikkie
Mesa Pedestrian
Enhancements
Project to provide connectivity and

accessibility along the Mesa RTS
corridor and includes new sidewalks,
irrigation systems and landscaping
$1,246,000
Congestion
Mitigation and
Air Quality/2010
Certificates of
Obligation
Hernandez,
Ivan
Montana RTS

from Eastside Transfer Center to
Downtown Transfer Terminal.
$33,000,000
Design
Status
Construction
Status
95%
0%
7/31/2017
0%
0%
6/30/16
11/30/17
60%
0%
3/30/17
6/30/17
11/30/17
0%
0%
8/8/13
11/15/13
9/8/14
7/30/15
100%
95%
FHWA, FTA &

CO's
1/31/16
8/31/17
12/31/17
12/31/19
0%
0%
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Design
Status
Construction
Status
$27,080,000
2011
Certificates of
Obligation/
FTA and TxDOT
CMP
6/15/11
8/30/12
6/18/13
100%
100%
5/27/17
Sun Metro Completed Projects

PM
Galvez,
Ismael
Project
Description
Mesa RTS

from Remcon Circle to Downtown
Transfer Terminal
Total Projects: 7
23
4/20/2015
Status Update
Airport
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Brooks,
Shane
ARFF Remodel
Remodeling the existing AARF station
$400,000
Passenger
Facility Charges
5/24/15
10/1/15
2/1/16
Brooks,
Shane
Baggage Claim
Replacement
Removal and replacement of existing

baggage handling devices and
security/fire doors at the baggage
claim and international arrivals area
as well as installation of new baggage
information display monitors
$2,828,875
Passenger
Facility Charges
3/25/13
7/16/13
Brooks,
Shane
Cargo 3 Roof
Replacement
Replacement of roof of Cargo 3

building
$1,500,000
Passenger
Facility Charges
and Airport
12/1/14
Brooks,
Shane
ConRAC
Design and construction of a new

consolidated rental car facility
$45,880,000
Customer
Facility Charge
Ruiz, Vikkie
EPIA Concourse A
Expansion and
Improvements
Addition of restrooms and concession

space in Concourse A
$3,200,000
Ruiz, Vikkie
EPIA Concourse B
Meet and Greet and
Rotunda
Improvements
Remodel the areas to create a more

modern interior look.
Ruiz, Vikkie
EPIA Concourse
Lighting
Ruiz, Vikkie
Ruiz, Vikkie
Design
Status
Construction
Status
11/30/16
5%
0%
8/1/14
10/11/15
100%
75%
1/19/15
11/2/15
5/2/16
100%
0%
1/1/12
11/22/13
6/2/14
3/9/15
100%
50%
Passenger
Facility Charges
and Airport
2/18/14
1/23/15
9/7/15
8/29/16
100%
0%
$750,000
Passenger
Facility Charges
11/6/14
3/2/15
10/5/15
4/29/16
100%
0%
Replace the concourse lighting with

energy efficient lighting.
$750,000
Passenger
Facility Charges
11/6/14
5/4/15
7/15/16
1/30/17
100%
0%
EPIA Perimeter
Roads
Rehabilitation of approximately 5.5

miles of on-site perimeter roadways
to include speed control signage and
striping to accommodate two-way
traffic
$2,800,000
Airport
Improvement
Program
6/18/13
3/17/14
9/11/17
9/1/18
100%
0%
EPIA Runway 8L-26R

Reconstruction
Reconstruction of Runway 8L-26R and

Taxiways "U" and "V" and the
construction of a new parallel Taxiway
and Connectors.
$20,925,765
FAA/EPIA/El
Paso Water
Utilities
10/8/13
5/21/14
11/17/14
10/19/15
100%
45%
24
Status Update
Airport Projects cont.

Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Ruiz, Vikkie
EPIA West Admin

Parking Lot
Reconstruction of west administration

parking lot including demolition and
replacement of existing pavement,
demolition and reinstallation of site
stair case, underground placement of
utility lines, and installation of new
curb/gutter, sidewalk, signs, wheel
stops, bollards and striping.
$1,000,000
Passenger
Facility Charges
and Airport
2/18/14
1/23/15
10/19/15
Brooks,
Shane
Long Term Parking

Lot Illumination
Installation of lighting at the El Paso

International Airport Long Term
Parking Lot Extension.
$1,100,000
Passenger
Facility Charges
and Airport
11/4/13
2/26/15
Brooks,
Shane
Passenger Boarding
Bridges
Design of 3 new standby generators

and the removal and replacement of
15 passenger boarding bridges.
$15,300,000
Passenger
Facility Charges
and Airport
12/10/13
Brooks,
Shane
Runway 4-22
Reconstruction
Reconstruction of Runway 4-22.
$16,830,000
PFC - FAA Airport
Brooks,
Shane
TSA Baggage Makeup

Area Expansion
Replacement and expansion of

existing baggage make up area.
$10,600,000
Brooks,
Shane
Feasibility Study for

RO Discharge Line
Feasibility study to examine options

for disposal of discharge concentrate.
Description
PM
Design
Status
Construction
Status
3/21/16
100%
0%
12/1/14
8/22/15
100%
50%
1/6/14
8/4/14
10/29/15
100%
60%
4/1/16
4/30/17
9/1/17
6/30/19
0%
0%
PFC - TSA
4/1/14
6/1/17
3/18/17
3/31/18
30%
0%
$4,000,000
Airport
2/9/15
3/4/15
100%
0%
Budget
Amount
Budget Source
Design
Start Date
Design
End Date
Design
Status
Construction
Status
Airport Completed Projects

PM
Project
Total Projects: 15
25

Date
Start Date
Status Update

$32,172,339
District 8
$16,516,261
District 1
$9,763,381
District 2
$28,122,631
District 7
$13,811,486
District 3
District$17,354,523
6
$16,622,525
District 5
District 4
$18,204,100
26
Exhibit L
THE GOBER GROUP PLLC
Page 1
February 16, 2016
Sent Via Email: LozanoJZ@elpasotexas.gov and Fax: (915) 212-0025
Juliet Lozano
Public Information Officer
City of El Paso
300 N. Campbell
El Paso, TX 79901
Re: Feedback Requested Regarding Ethics Investigation
Ms. Lozano,
My name is Ross Fischer and my firm has been hired by the City Council to conduct an
investigation into various matters. One of those matters involves the Citys compliance with
the Texas Public Information Act. I am writing to you with regard to the Citys handling of a
particular request for public information. I believe that you may have relevant information
with regard to the handling of this particular request. At the end of this letter is a list of
questions that I would appreciate you answering. I am scheduled to present my findings to
the City Council on February 24, 2016; therefore, I am asking you to respond to these
questions by the end of the day on Friday, February 19, 2016. You may use my email
address below for the submission of your answers.
Specifically, I am interested in the following request from Bob Moore (Requestor) of the El
Paso Times, which was received by the City on September 15, 2015 (the Request):
The period covered by this request is Jan. 1, 2014, to Aug. 31, 2015.
I am requesting any listing, documents, spreadsheets, etc., of proposed or
completed projects submitted by individual city council members for
consideration by city staff. I also am seeking any documentation that details the
status of these requests.
My request is referring to proposed, completed or programmed projects.
I am requesting information on projects that are proposed, approved or adopted
that were submitted by individual city council members for consideration.
I am seeking all emails, texts or communications to or from the leadership of the
CID (Fred Lopez, Monica Lombrana), as well as City Manager Tommy Gonzalez,
regarding projects proposed by individual city council members.
It is my understanding that, in response to the request, the legal department distributed the
request to the appropriate departments. The responsive documents were compiled by the
City Managers office and delivered to the City Attorneys office for legal review. Ultimately,
399 pages of responsive information were released to the Requestor. At issue is why two

Page 2
particular documents, which were apparently responsive to the request and were provided
to you, were withheld from production.
I have attached the two documents (the attached documents) at issue. It is my
understanding that the documents were among those provided by Mr. Fred Lopez of the
Capital Improvement Department to Martin Bartlett in the City Managers office. Mr. Bartlett
claims to have delivered the documents to you. However, the two documents at issue did not
make their way to the City Attorneys office or, ultimately, to the Requestor.
One document is entitled Capital Improvement Program Priority Projects By District. As
you can see, the document contains a chart for each city district. The chart entitled District
2 Resurfacing Plan includes a chronology of events in the process, as well as whether each
step in the process is completed or pending. The document itself certainly appears to be a
listing, document, or spreadsheet of proposed or completed projects submitted by individual
City Council members, and details the status of those requests. Similarly, it includes
information on projects that were proposed and approved by individual City Council
members for consideration.
The second document is a Capital Improvement Plan Status Update dated August 14, 2015.
Like the other document, it appears to fall within the scope of documents sought by the
request in that it details the status of projects requested by council members.
I am hopeful that you can provide some insight into the handling of this request by
answering the following questions:
1. Were copies of the attached documents1 (as they existed at the time of the request)
provided to you or your office in response to the Request?
2. Were copies of the attached documents forwarded to the City Attorneys office for
review in responding to the Request?
3. If the documents were not forwarded to the City Attorneys office, who made the
decision not to include them with other responsive documents?
4. Were the attached documents ultimately released to the Requestor when the other
responsive documents were provided?
5. Do you believe that the attached documents were responsive to the Request?
Capital Improvement Program Priority Project By District and Capital Improvement Plan Status
Update.
1

Page 3
6. Did you discuss the attached documents with City Manager Tommy Gonzalez prior
to forwarding other responsive documents to the City Attorney for legal review? If
so, please provide a narrative of that conversation(s).
7. Did you ever state to any City employee that the attached documents did not
support the narrative of the City Managers office?
8. Was there a concern that release of the attached documents would contradict the
City Managers public statement about his level of involvement in street resurfacing
activities?
9. Ultimately, who made the decision not to deem the attached documents as
responsive to the Request?
Thank you in advance for your cooperation. Please let me know if you have any questions.
You may contact me at the email or phone number below.
Ross Fischer
Special Counsel
City of El Paso Ethics Commission
rf@gobergroup.com
(512) 354-1786
Enclosures
Attachment 1
CAPITAL IMPROVEMENT PROGRAM - PRIORITY PROJECTS BY DISTRICT - 5/04/15
1 Rim-Hague Enhancements
Intersection Improvement
Project
Project Scope
Extend curbs, ADA ramps, landscape median,
landscape improvements
City Manager Review

EPDOT to complete AutoCAD drawing of new curbs and median
CIP Planning: Create Alternative design & EPDOT to create CAD dwg
ECM: Create estimate for revised plan
CIP Planning: Create landscape plan for curb extension areas and median
CIP Planning: Jim and Rudy to meet with adjacent homeowners regarding
landscaping
Construction
EPDOT: Relocate stop signs
2 District 2 Resurfacing Plan
Street Resurfacing
Project Scope
Resurfacing, ADA ramps, and other
improvements when necessary
Secondary Lead
Start Date
Completion Date
James Fisk
Rudy Valdez
4/9/2015
6/5/2015
Irene Ramirez
Fred Lopez
Richard Bristol
James Fisk
Oscar Jaloma
Jim Fisk
Javier Reyes
Irene Ramirez
Rudy Pino
Rudy Valdez
Mario Cruz
Rudy Valdez
Complete
Complete
Complete
Complete
5/11/2015
5/4/2015
Complete
Complete
Complete
Complete
5/20/2015
5/21/2015
Jim Fisk
Rudy Valdez
5/11/2015
5/28/2015
Jim Fisk
Richard Bristol
Rudy Valdez
Rudy Pino
6/15/2015
7/6/2015
7/1/2015
7/10/2015
Primary Lead
Secondary Lead
Gilbert Guerrero
James Fisk
Start Date
Completion Date
4/9/2015
Pending
Fred Lopez
Ted Marquez
Richard Bristol
James Fisk
Richard Bristol
Richard Bristol
Irene Ramirez
Irene Ramirez
Harold Kutz
Kevin Smith
Harold Kutz
Harold Kutz
Complete
Complete
Complete
Complete
Complete
4/8/2015
Complete
Complete
Complete
Complete
Complete
Pending
Primary Lead
Secondary Lead
Start Date
Completion Date
James Fisk
4/9/2015
5/8/2015
Irene Ramirez
Ted Marquez
Rudy Pino
Fred Lopez
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Harold Kutz
City Manager Review

2 Timberwolf Roundabout
Primary Lead
Project Scope
Remove roundabout, remove water meter, install

Rudy Valdez
new asphalt at Timberwolf and Mathias
City Manager Review

EPDOT: Approve traffic control plan
EPWU to remove water meter, Irene to contact Alan Shubert
Fred Lopez
Fred Lopez
Richard Bristol
Irene Ramirez
1
EPWU removed water meter on 4/29/2015

EPWU: Install water meter for parkway landscaping
3 District 3 Arterial Lighting
Project Scope
Arterial Lighting for Viscount and Install arterial lighting in median using new
Yarbrough
spacing standard
Rudy Valdez
Rudy Valdez
James Fisk
James Fisk
Complete
5/7/2015
Complete
6/5/2015
Primary Lead
Secondary Lead
Start Date
Completion Date
Vikki Ruiz
Rudy Valdez
4/9/2015
8/27/2015
4/27/2015
5/1/2015
5/4/2015
5/28/2015
6/2/2015
8/28/2015
Scoping meeting
Vikki Ruiz
Richard Bristol
Begin design
Vikki Ruiz
3 Viscount Landscaping
Landscaping Enhancement
Project
Project Scope
Install landscaping in median and southerly side
of roadway
Primary Lead
Secondary Lead
Start Date
Completion Date
Jim Fisk
Rudy Valdez
5/4/2015
8/27/2015
5/4/2015
5/8/2015
5/11/2015
8/27/2015
Scoping meeting
Joe Vela
Begin design
Joe Vela
5 Pebble Hills Arterial Lighting
Margaret
Schroeder
Margaret
Schroeder
Primary Lead
Secondary Lead
Start Date
Completion Date
Vikki Ruiz
Rudy Valdez
2/16/2015
3/20/2016
City Manager Review

Irene Ramirez
Irene Ramirez
Complete
Complete
Complete
Complete
Scoping meeting
Vikki Ruiz
Complete
Complete
Richard Bristol
4/13/2015
4/24/2015
Begin design
Vikki Ruiz
2/16/2015
Complete
Prefinal Design 3/16/2015
Vikki Ruiz
2/20/2015
Complete
Final Design
Vikki Ruiz
Fred Lopez
Fred Lopez
Margaret
Schroeder
Rudy Pino
Margaret
Schroeder
Margaret
Schroeder
Margaret
Schroeder
6/18/2015
6/1/2015
Arterial Lighting
Project Scope
Install arterial lighting in median using new
spacing standard
Margaret
Schroeder
Rudy Pino
Margaret
Schroeder
Vikki Ruiz
Margaret
Schroeder
9/1/2015
3/31/2016
Primary Lead
Rudy Valdez
Secondary Lead
Justin Bass
Start Date
5/11/2015
Completion Date
10/30/2015
James Fisk
Rudy Valdez
Rudy Valdez
Fred Lopez
Monica Castrejon
Joel McKnight
5/4/2015
4/24/2015
8/3/2015
5/14/2015
6/4/2015
12/4/2015
Primary Lead
Secondary Lead
Start Date
Completion Date
Rudy Valdez
James Fisk
4/29/2015
5/29/2015
Rudy Valdez
Rudy Valdez
Rudy Valdez
James Fisk
Joel McKnight
Joel McKnight
4/30/2015
5/18/2015
5/26/2015
4/30/2015
5/20/2015
5/29/2015
Secondary Lead
Start Date
Completion Date
Rudy Valdez
Complete
Complete
Fred Lopez
Fred Lopez
Richard Bristol
Richard Bristol
Jim Fisk
Irene Ramirez
Irene Ramirez
Rudy Pino
Rudy Pino
Rudy Valdez
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Complete
Project Scope
Primary Lead
Secondary Lead
Start Date
Completion Date
Recoat basketball court - Per Ray Cerda, no

reconstruction. Instead scape and resurface
$19,200, sport court cover option is $35,000
Rudy Valdez
Justin Bass
4/13/2015
5/29/2015
Rudy Valdez
Rudy Valdez
Carlos Adame
Joel McKnight
4/13/2015
4/27/2015
4/24/2015
5/29/2015
Contruction
6 Adrian Garcia Park
Project Scope
Enlarge park into canal or adjacent area

Construction
6 Lancaster Park/Pond
Project Scope
Remove dead trees and shrubs and install new
trees

Construction
7 Montwood Parking Lane
Project Scope
Primary Lead
Remove no parking signs on Montwood, remove
bike/pedestrian signs, no parking on southerly
Jim Fisk
side of Linum
City Manager Review

EPDOT: Remove no parking and bike ped signs on Montwood
EPDOT: Place no parking signs on southerly side of Linum
CIP Planning: Coordinate with school staff and Rep. Limon's office
7 Reese McCord Park
CIP Planning: Select coating with Parks per El Barrio Park

3
8 Country Club Rd. Sidewalks

Project Scope
Install sidewalks at railroad right-of-way,
coordinate with railroad company
Coordination with railroad

EPDOT: Create AutoCAD drawing for sidewalks
Install sidewalks
8 Raynor Street Enhancements
Project Scope
Resurfacing, new curbs, sidewalks, street trees,
City Manager Review

CIP Planning: Street Trees - Arizona Ash every 25 feet
Rudy to meet with property owner to remove palm tree
CIP Planning: Medians - 5-foot width, length pending, landscape pending
CIP Planning: Crosswalks - select width, color, and pattern
CIP Planning: Inclusion of additional median shrubs
Drainage Improvements
Construction
8 Tula Irrobali Park
Primary Lead
Geoffrey
Espinelli
Secondary Lead
Margaret
Schroeder
Geoffrey
Espinelli
Richard Bristol
Geoffrey
Espinelli
Margaret
Schroeder
Rudy Pino
Margaret
Schroeder
Primary Lead
James Fisk
Fred Lopez
Irene Ramirez
James Fisk
Rudy Valdez
James Fisk
James Fisk
James Fisk
Geoffery
Espinelli
James Fisk
Project Scope
Primary Lead
Recoat basketball court, remove skateboard
platform, fence access, install benches and picnic Rudy Valdez
tables
City Manager Review

Parks: Remove skateboard platform and fix basketball backboard
Parks: Cut fence to provide access between baseball field and park
CIP Planning: Select picnic tables with Parks
CIP Planning: Select coating with Parks per El Barrio Park (use Bowie blue for
Install benches (donation) and picnic tables
Fred Lopez
Irene Ramirez
Rudy Valdez
Rudy Valdez
Rudy Valdez
Rudy Valdez
Rudy Valdez
Rudy Valdez
Start Date
Completion Date
3/30/2015
5/29/2015
4/13/2015
5/1/2015
4/13/2015
5/1/2015
6/8/2015
6/26/2015
Secondary Lead
Rudy Valdez
Start Date
4/6/2015
Completion Date
5/29/2015
Irene Ramirez
Fred Lopez
Fred Lopez
James Fisk
Fred Lopez
Fred Lopez
Fred Lopez
Complete
Complete
Complete
Complete
Complete
Complete
5/11/2015
Complete
Complete
Complete
Complete
Complete
Complete
5/15/2015
James Fisk
Fred Lopez
5/14/2015
4/6/2015
6/15/2015
5/29/2015
Secondary Lead
Start Date
Completion Date
Justin Bass
4/6/2015
5/29/2015
Irene Ramirez
Fred Lopez
Joel McKnight
Joel McKnight
Joel McKnight
Carlos Adame
Joel McKnight
Joel McKnight
Complete
Complete
Complete
4/13/2015
4/13/2015
4/6/2015
5/4/2015
4/27/2015
Complete
Complete
Complete
4/24/2015
4/24/2015
4/24/2015
5/29/2015
5/29/2015
8 Bowie Bakery
Project Scope
Install Street Trees
Install street trees and create ADA accessible curb
CIP Planning: Site visit, meeting with property owner and solution creation
Project scope and budget approved
Construction drawing creation
CIP Planning: Estimate for improvements (curb, s/w & ramp demo & relocation)
Storm and utility relocate
Construction:
Primary Lead
Fred Lopez
Jim Fisk
Fred Lopez
Fred Lopez
Secondary Lead
Jim Fisk
Fred Lopez
Irene Ramirez
Irene Ramirez
Start Date
5/1/2015
5/1/2015
Pending
Pending
Completion Date
8/15/2015
5/1/2015
Pending
Pending
Jim Fisk
Rudy Valdez
5/4/2015
7/1/2015
Rudy Valdez
Joel McKnight
6/15/2015
8/1/2015
Primary Lead
Start Date
Completion Date
3/23/2015
10/30/2015
Complete
Complete
Complete
Complete
CAPITAL IMPROVEMENT PROGRAM - REPORTS

Downtown Restroom Plan
Project Scope
Selection of sites
Coordination with PSB on water and wastewater utilities
Fred Lopez
Oscar Jaloma
Secondary Lead
Irene Ramirez
Fred Lopez
Bryan Crowe
Irene Ramirez
Report
Construct two Portland Loos in Downtown El Paso Oscar Jaloma
Coordination with Tracey Jerome, Dionne Mack, Tracy Novak, and Joel McKnight
Oscar Jaloma
Irene Ramirez
Complete
Complete
Finalize specific locations and order Portland Loos

Shipping and construction
Oscar Jaloma
Oscar Jaloma
Irene Ramirez
Irene Ramirez
5/4/2015
6/1/2015
5/29/2015
10/30/2015
CIP Quarterly Report
Project Scope
Update project information, additional project
summaries, new format changes
Primary Lead
Secondary Lead
Jim Fisk
Kevin Smith
Start Date
Completion Date
Complete
Complete
Project Scope
Evaluate projects over ten years, new aquatics
plan, analysis of demographics
Primary Lead
Secondary Lead
Start Date
Completion Date
Fred Lopez
CIP Team
2/16/2015
Complete
Secondary Lead
Start Date
Completion Date
Fred Lopez
Jim Fisk
2/16/2015
5/29/2015
Report
QOL Bond Program Update
Report
Street CIP Update
Report
Fred Lopez
Project Scope
Primary Lead
Evaluate projects based on meetings with City
representatives, debt model from Dr. Sutter, new Kevin Smith
direction from City Manager
Attachment 2
CAPITAL IMPROVEMENT
PROGRAM
Capital Improvement Department
City of El Paso
Status Update:
August 14, 2015
Contents
Upcoming Events
District 1
Current
Complete
District 2
Current
Complete
District 3
Current
Complete
District 4
Current
10
Complete
11
District 5
Current
12
Complete
12
District 6
Current
13
Complete
13
District 7
Current
14
Complete
14
District 8
Current
15
Complete
17
Downtown
Current
18
Complete
18
Multiple Districts
Districts 1 & 8
Current
19
Current
19
Districts 3 & 7
Current
20
Districts 3 & 8
Current
20
Districts 4 & 5
Current
21
Sun Metro
Current
22
Complete
22
Current
23
Complete
24
Airport
25
Status Update
Upcoming Events
District
Description
Project
Project Manager
No upcoming events to report
Date/Time and Location
Status Update
District 1
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Vela, Joe
Resler Dr. Buffered

Bike Lane
Construction of a buffered bike lane

on Resler Drive from Helen of Troy to
Belvidere
$276,361
TXDOT - CMAQ
funding with
20% City match
12/1/14
5/5/15
9/1/15
Fisk, James
Rim/Hague
Intersection
Improvement
Extend curbs, ADA ramps, landscape

improvements to reduce cut-through
traffic from Rim to Hague while
maintaining existing connectivity
$140,000
2013 Street
Infrastructure
4/20/15
6/5/15
Espinelli,
Geoffrey
Robinson Street
Reconstruction of Robinson Avenue

between Piedmont Drive and Rim
Road in concrete panels.
$2,700,000
2013 Street
Infrastructure
3/25/13
Westside Pool
Design and construction of

natatorium to include competetive 50meter pool. Improvements to include
pedestrian-friendly amenities and
parking facilities with consideration to
pedestrian environment.
$13,382,000
2012 Quality of
Life Bond Issue
$17,900
2012 Quality of
Life Bond Issue
Garcia,
Daniel
Design
Status
Construction
Status
2/1/16
100%
0%
8/17/17
10/30/17
30%
0%
7/31/15
10/29/15
1/21/17
100%
0%
8/5/14
7/31/15
11/30/15
2/28/17
70%
0%
12/17/14
2/20/15
4/20/15
6/11/15
100%
100%

Castrejon,
Monica
NIP Little River Park
Design and installation of new

landscaping with associated irrigation
system around the existing
playground area
Total Projects: 5
Status Update
District 2
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Venegas,
Rick
Chelsea Aquatic
Center
Construct new aquatic facility
$4,000,000
2012 Quality of
Life Bond Issue
1/11/16
3/31/16
1/11/16
Cruz, Mario
Curb Cut Demand

Program Dist 2
Install of sidewalks & curb ramps
$159,384
40th Yr CDBG
12/1/14
1/2/15
Cruz, Mario
Fire Station 16 New

Addition

locker room areas, build a weight
room, utility work
$254,969
2012-2013 CO's
3/24/14
Johnson Basin
Grading, playground area, flat field,

sidewalks, landscaping, parking lot
striping, area lighting, and park
amenities.
$400,000
2012 Quality of
Life Bond Issue
Adame,
Carlos
Logan Park
Improvements
Demolish and replace existing

playground with new shade canopy,
install accessible walk paths, area
lights bicycle rack, trash recepticles,
park benches, two picnic units with
shade and modify existing irrigation.
$669,082
Mota, Karla
McCall
Neighborhood
Center
Improvements
The project consist in the replacement

of vinyl floors and replacement of
roof system.
Castrejon,
Monica
Castrejon,
Monica
Castrejon,
Monica
Design
Status
Construction
Status
12/16/16
0%
0%
4/23/15
10/20/15
100%
35%
6/7/14
3/23/15
11/30/15
100%
85%
1/6/14
4/3/14
7/13/15
2/28/16
100%
0%
Community
Development
10/1/14
2/2/15
8/1/15
Pending
97%
0%
$123,169
Community
Development
3/16/15
5/11/15
11/2/15
3/14/16
100%
0%
NIP Patriot Place
Design and construction of conrete

slab and installation of 2 shaded picnic
tables, a trash receptacle and a light
pole
$50,900
2012 Quality of
Life Bond Issue
7/30/14
9/19/14
2/9/15
6/19/15
100%
98%
NIP Sunrise Park
Modifications to the existing

restrooms to permit access to the
public.
$26,354
2012 Quality of
Life Bond Issue
8/18/14
10/21/14
3/16/15
6/12/15
100%
98%
Status Update

Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Adame,
Carlos
Wellington Chew
Improvements
HVAC improvements to existing

facility, replace acoustic tile lay in
system and insulation, improve
existing women's and men's
restrooms and stage, improve existing
electrical main distribution panel and
upgrade fire alarm system
$362,367
Community
Development
10/2/14
2/8/15
Pending
Cepeda,
Ismael
Sunrise Park
Resurface basketball and tennis courts
$44,000
CO's
6/8/15
6/19/15
Espinelli,
Geoffrey
Five Points Quiet

Zone - Construction
Installatio of medians, sidewalk, curb

ramps, landscaping and street
resurfacing as well as replacement of
detiorated water line
$2,262,010
2013 CO's &

EPWU
5/13/13
PM
Design
Status
Construction
Status
8/1/16
100%
0%
6/29/15
7/27/16
100%
0%
1/14/14
4/28/15
9/1/16
100%
35%
Construction End
Date
Design
Status
Construction
Status

Project
Description
Budget Amount
Budget Source
Design Start
Date
Design End
Date
Construction
Start Date
Adame,
Carlos
Pollard Park Phase II
Remove all rock ground cover &

boulders & install top soil, turf drip
irrigation, trees, shrubs and rock wall
with wrought iron fencing.
$426,500
Community
Development
12/4/13
1/15/14
5/28/14
5/28/15
100%
100%
Valdez, Rudy
Timberwolf
Roundabout
Remove roundabout, remove water

meter, install new asphalt at
Timberwolf and Mathias
$11,000
2010 CO's
4/9/15
4/16/15
4/17/15
5/8/15
100%
100%
Radford Park
New three acre park with playground,

basketball court, turf, trees and
additional landscaping, pathways, and
picnic tables.
$1,000,000
2012 Quality of
Life Bond Issue
12/5/12
6/3/13
2/3/14
5/4/15
100%
100%
PM
Cepeda,
Ismael
Total Projects: 14
Status Update
District 3
Current Projects
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
De Vargas

infrastructure
improvements.
$1,772,400
2013 CO's &

EPWU
2/16/15
10/14/15
1/12/16
Geiger Cardis Malaga
Drainage improvements,
reconstruction of roadway,
driveways,sidewalks,curb and gutter,
pedestrian bridges and safety lighting
$1,007,410
2013 Street
Infrastructure
03/25/2013
10/30/15
01/30/2016
Galvez,
Ismael
Glenwood

infrastructure
improvements.
$2,004,167
2013 CO's &

EPWU
6/15/15
2/10/16
5/10/16
Vela, Joe
Ramos Court, Little

Flower & Manning
Way Reconstruction
$1,797,308
2012-2019
Certificates of
Obligation
3/25/13
7/16/13
Galvez,
Ismael
Manor Place and

Barker Road
Improvements
$2,141,461
2013 CO's &

EPWU
5/13/13
Cepeda,
Ismael
NIP Valley
View/Crest Hills
Street Lights
Installation of 10 LED street lights.
$28,300
2012 Quality of
Life Bond Issue
Cepeda,
Ismael
Stiles Park Handball

Court
New full size handball court with ADA

acces
$71,300
Cruz, Mario
Toni, Mary Jeanne &

Yvonne
Full street reconstruction
$651,000
PM
Galvez,
Ismael
Cruz, Mario

infrastructure
improvements.
infrastructure
improvements.
Design
Status
Construction
Status
1/11/17
30%
0%
08/30/2016
30%
0%
7/4/17
0%
0%
8/1/14
9/30/15
100%
80%
6/30/14
1/5/15
9/30/15
100%
60%
1/13/15
2/9/15
6/22/15
8/23/15
100%
0%
2012 Quality of
Life Bond Issue
1/5/15
5/20/15
11/2/15
4/30/16
100%
0%
2013 Street
Infrastructure
10/30/14
10/30/15
2/1/16
7/30/16
30%
0%
Status Update

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Vela, Joe
Viscount Blvd.
Enhancements

along Viscount Boulevard from
Montwood to Sunmount
$404,286
TXDOT - CMAQ
with 20% City
match
12/1/14
5/5/15
9/1/15
Cepeda,
Ismael
Vocational Park
Park pond with trees,walking path,

irrigation, playground
$908,266
2012-2013 CO's
and EPWU funds
10/4/10
4/30/12
Hernandez,
Ivan
MCA Quiet Zone
Creation of a Quiet Zone in MCA area
$2,000,000
TXDOT - CMAQ
with 20% City
match
11/24/14
Design
Status
Construction
Status
2/1/16
100%
0%
6/10/13
6/15/15
100%
98%
5/31/16
12/16/16
8/30/17
95%
0%
Design
Status
Construction
Status
100%
100%

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Hernandez,
Ivan
Barker Road
Street reconstruction and utility

upgrades
$1,025,587
CDBG & EPWU
6/12/12
10/18/12
5/20/13
Total Projects: 14
8/21/14
Status Update
District 4
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Rodriguez,
Julian
Barron Park
Park amenities such as picnic tables,

canopies and trash receptacles to be
installed by others
2012 Quality of
Life Bond Issue
11/13/12
5/16/13
2/3/14
Cruz, Mario
Curb Cut Demand

Program Dist 4
Install of curb ramps, sidewalks, Curb

& gutter
134,228
40th Yr CDBG
12/1/14
1/2/15
Cruz, Mario
Fire Station No. 23

locker room areas, build a multi
purppose room, utility work
254,969
2012-2013 CO's
3/24/14
Castrejon,
Monica
NIP Jorge Montalvo

Park
Jogging path and irrigation

modifications
67,300
2012 Quality of
Life Bond Issue
Venegas,
Rick
Richard Burges
Library
Renovation of existing library to

provide new children's area, new
circulation desk and updated
technology equipment
1,400,000
Cruz, Mario
Tuscany Street
Improvements
Street resurfacing, sidewalk, curb &

gutter repair, ramps
239,270
Gilliland,
Scott
Wren Street
Reconstruction of Wren Street from

Dyer to Shoppers adjacent to
proposed Northgate Transit Terminal
site
Gilliland,
Scott
Northgate Transit
Terminal
New Transfer Center
Design
Status
Construction
Status
7/31/15---
100%
80%
7/1/15
12/28/15
100%
0%
6/7/14
3/23/15
11/30/15
100%
50%
12/1/14
1/22/15
9/28/15
3/31/16
100%
0%
2012 Quality of
Life Bond Issue
10/1/13
6/30/15
TBD
TBD
93%
0%
40th Yr CDBG
4/21/15
4/28/15
8/1/15
1/28/16
100%
0%
1,500,000
Sun Metro
Grant and
Operating Funds
5/6/15
8/15/15
12/1/15
10/1/16
60%
0%
10,500,000
Sun Metro
Grant and
Operating Funds
5/19/15
8/15/15
12/1/15
TBD
50%
0%
1,500,000
10
Status Update

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Cepeda,
Ismael
Skyline Park
Landscape improvements including

trees
583,510
2012-2013 CO's
and EPWU funds
10/4/10
4/30/12
6/10/13
Sandstone Park
Addition of playground and swing set

areas, half basketball court, 8-foot
wide asphalt jogging path, historical
marker, and landscape improvements
443,248
2006
CO's/Parkland
Dedication Fees
2/1/09
10/9/09
Mota, Karla
Total Projects: 11
11
Design
Status
Construction
Status
3/31/16
100%
100%
3/20/14
100%
100%
Status Update
District 5
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date
Garcia,
Daniel
Eastside Regional
Park
Master Plan to address development

of Eastside Regional Park to include
phasing, infrastructure, amenities and
style
$3,000,000
2012 Quality of
Life Bond Issue
8/28/14
6/30/15
Cepeda,
Ismael
Eastside Sports
Complex
Design/Build
$10,000,000
2012 Quality of
Life Bond Issue
10/12/15
Hernandez,
Ivan
Edgemere Rich Beem

Roundabout
$900,000
FHWA & CO's
11/25/14
6/1/16
Castrejon,
Monica
NIP Carlos
Bombach Park
Improvements
$97,200
NIP - QOLB
9/29/14
Rodriguez,
Julian
Pebble Hills Arterial

Lighting
Installation of new arterial lighting on

Pebble Hills from Joe Battle to John
Hayes.
$750,000
2012-2013 CO's
Rodriguez,
Julian
Pebble Hills
Extension
Extend Pebble Hills Boulevard to close

gap between Tierra Encino and
Zaragoza, to include median and
parkway landscaping and bike lane
improvements
$2,556,900
Rodriguez,
Julian
RC POE Roundabout
Construction of a new roundabout at

intersection of RC Poe & Edgemere
Design and construction of flat fields

on 80-acre parcel located at John
Hayes and Montwood.
Construction of roundabout at Rich
Beem and Edgemere to include
improvements
Design and installation of park
amenities and new trees and
irrigation system

Date
Start Date
Design
Status
Construction
Status
98%
0%
12/15/16
0%
0%
12/1/16
10/1/17
95%
0%
12/19/14
4/20/15
6/29/15
100%
75%
1/30/15
7/24/15
10/5/15
5/31/16
60%
0%
2013 Street
Infrastructure
9/3/13
2/17/15
9/1/15
5/31/16
100%
0%
$900,000
2013 Street
Infrastructure
10/31/11
4/24/13
6/1/16
3/28/17
100%
0%
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Design
Status
Construction
Status
No Related Construction
Design Build / To be determined

after award

PM
Project
Description
Total Projects: 7
12
Status Update
District 6
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Valdez, Rudy
Adrian Garcia Park
Park Improvement Project. Enlarge

park into canal or adjacent area.
$250,000
2012 Quality of
Life Bond Issue
5/11/15
10/30/15
8/3/15
Garcia,
Daniel
Irving Schwartz
Library
The work consists of miscellaneous

improvements and a 5000 SF addition
to Irving Schwartz Library.
$2,150,000
2012 Quality of
Life Bond Issue
11/16/13
7/30/14
John Lyons (Cheryl

Ladd) Park
Construction of a new park with

basketball and futsal courts, a sand
volleyball court, a multi-use field, new
landscaping, ADA-compliant walkways
and other amenities
$1,750,000
2012 Quality of
Life Bond Issue
8/6/12
$1,731,960
2010 Certificate
of obligation
Jaloma,
Oscar
Rodriguez,
Julian
Kernel Circle
Valdez, Rudy
Lancaster Park/Pond
Hernandez,
Ivan
Winn Rd. Extension
Reconstruction of roadway addressing

infrastructure
A park improvement project including
removal and upgrade of trees and
shrubs
Street construction from Zaragoza
Port of Entry to Pan American
$11,200
Design
Status
Construction
Status
12/4/15
15%
0%
4/20/15
1/16/16
100%
28%
6/28/13
11/18/13
6/12/15
100%
95%
1/3/13
9/11/14
2/18/15
10/15/15
100%
45%
5/18/15
6/1/15
6/1/15
6/15/15
100%
0%
6/1/20
0%
0%
Design
Status
Construction
Status
$10,500,000
FHWA & CO''s
7/1/15
12/1/17
12/1/18
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date

PM
Project
Description
Total Projects: 6
13
Status Update
District 7
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Adame,
Carlos
Argal Park at Las

Palmas
New park to include sod areas, trails,

native grasses, picnic benches and
other amenities
$10,000,000
2012 Quality of
Life Bond Issue
8/1/14
8/31/15
12/1/15
Vela, Joe
Independence Dr.
Enhancements

along Independence Drive from
Yarbrough to Whittier
$534,941
TXDOT - CMAQ
funding with
20% City match
12/1/14
5/5/15
Galvez,
Ismael
Pendale Road
Improvements
Install street improvements, ADA

improvements.
$2,404,190
2013 Street
Infrastructure
5/29/13
Valdez, Rudy
Reese McCord Park
Recoat basketball court - Per Ray

Cerda, no reconstruction. Instead
scape and resurface $19,200, sport
court cover option is $35,000
Mota, Karla
Travis White
Rockwall Repair
Remove, replace or reinforce

damaged rockwalls
$95,500
Gilliland,
Scott
CNG Fuel Dispensers

at MSC
Add 14 compressed natural gas fuel

dispensing islands to existing fuel
dispensing facility at eastside
Municipal Service Center
$650,000
Design
Status
Construction
Status
12/31/16
60%
0%
9/1/15
2/1/15
100%
0%
7/24/14
1/12/15
9/11/15
100%
70%
4/13/15
4/24/15
5/1/15
6/15/15
95%
0%
2006 CO's
2/25/15
7/31/15
10/19/15
1/30/16
95%
0%
Sun Metro
Grant and
Operating Funds
5/29/15
6/29/15
7/1/15
10/1/15
100%
1%
14

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Fisk, James
Montwood Parking
Lane
Remove bike/pedestrian signs,

remove "No Parking" signs on
Montwood and on southerly side of
Linum
$8,000
2010 CO's
4/9/15
4/16/15
5/1/15
Rodriguez,
Julian
Pasodale PH IV
Reconstruction of local streets to

address infrastructure improvement,
$3,050,000
2010 Certificate
of obligation
1/16/09
1/12/12
Cepeda,
Ismael
Yucca Park Basketball

Court - construction
Resurface existing basketball court,

construct new basketball court to
include ADA accessibility
improvements and landscaping
$380,000
2012 Quality of
Life Bond Issue
1/15/14
12/1/15
Total Projects: 8
15
Design
Status
Construction
Status
5/15/15
100%
100%
8/5/13
7/20/15
100%
100%
3/16/15
8/15/15
100%
100%
Status Update
District 8
Current Projects
Design
Start Date
Design
End Date

Date
Start Date
7/6/15
6/20/15
8/31/15
1/31/13
12/30/16
To be developed
5/4/15
To be developed
Budget
Amount
Design
Status
Construction
Status
9/15/15
15%
0%
9/30/18
9/30/20
85%
0%
6/5/15
8/31/15
10/30/15
50%
0%
4/15/15
11/31/15
1/2/16
6/30/16
25%
0%
2013 CO's &

EPWU
12/9/14
8/6/15
7/15/17
5/11/18
60%
0%
$3,109,900
2013 CO's &

EPWU
6/22/15
4/17/16
7/16/16
10/9/17
0%
0%
Elena & Feliz

$1,380,000
2013 CO's &

EPWU
3/18/13
7/30/15
10/28/15
10/22/16
95%
0%
Flower Street

improvements.
$2,051,430
2013 CO's &

EPWU
3/15/15
1/9/16
4/8/16
7/2/17
60%
0%
PM
Project
Description
Fisk, James
Bowie Bakery
Install street trees and create ADA

accessible curb ramp
Vela, Joe
CBD IV
Removal and replacement of

pavement, sidewalk, curb and gutter,
installation of new street trees and
decorative lighting on several
downtown streets, including
conversion of Kansas and Campbell
Streets to two-way traffic
Valdez, Rudy
Chihuahuita Park
Install additional lighting, two huacha

courts, benches, and landscaping at
City-owned parcel
Espinelli,
Geoffrey
Country Club Rd.

Sidewalks
Install sidewalks at railroad right-ofway, coordinate with railroad

company
Galvez,
Ismael
Dolan Street

improvements.
$944,400
Edna St

Rodriguez,
Julian
Galvez,
Ismael
Galvez,
Ismael
Budget Source
To be developed
$11,516,000
FHWA/TxDOT
16
Status Update

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Salinas, Lupe
Galatzan Park
New soccer field and landscaping
$420,213
2012/13 CO's
10/4/11
4/30/12
7/8/13
Espinelli,
Geoffrey
Love Road
Intersection
Landscaping Enhancement at the

intersection of Love Road and Country
Club
$47,700
NIP
4/15/15
7/31/15
Castrejon,
Monica
NIP Downtown
Shopping Benches
Provide and install 15ea benches in

various locations aling El Paso st. .
$59,600
2012 Quality of
Life Bond Issue
12/4/14
Vela, Joe
River Bend Dr.

Enhancements
Project supports development of a

pedestrian and bicycle corridor along
River Bend Drive between Frontera
Road and Turnstone Drive.
$1,182,000
TxDOT , 20122013 CO's
Valdez, Rudy
Tula Irrobali Park
Recoat basketball court, remove

skateboard platform, fence access,
install benches and picnic tables
Mota, Karla
Villa Maria Shelter

Improvements
Replacement of the Roof System,

modify sidewalk at front and rear
entrances for ADA compliance,
remove and replace HVAC equipment,
install skylights in all rooms, repair
sewer, water and gas lines, replace all
exterior windows
Castrejon,
Monica
Yandell Irrigation
System
Installation of curb extensions and

landscaping on Yandell between
Campbell and Ochoa
To be developed
$175,404
2012 Quality of
Life Bond Issue
17
Design
Status
Construction
Status
3/19/15---
100%
95%
12/1/15
3/31/16
50%
0%
1/22/15
9/28/15
3/31/16
100%
0%
12/1/14
5/5/15
9/1/15
2/1/15
100%
0%
4/6/15
5/1/15
5/25/15
7/24/15
100%
0%
3/18/15
8/3/15
12/1/15
4/4/16
98%
0%
5/28/15
6/18/15
6/8/15
8/29/15
85%
1%
Status Update

Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Design
Status
Construction
Status
Adame,
Carlos
El Barrio Park
Remove existing playground & wood

fiber & replace with new playgorund
& new rubber tile surface, install new
shade canopy, apply color anti-slip
surfacing at bball court, install new
CMU wall with wrought iron fencing.
$280,692
Community
Development
11/13/13
2/5/14
5/28/14
100%
100%
Fisk, James
Vista Grande Traffic

Calming
Install traffic calming measres
$5,000
NTMP
5/12/15
6/2/15
6/2/15
6/18/15
100%
100%
Hernandez,
Ivan
Santa Fe Pedestrian
Improvements
Widening of sidewalk, installation of

with irrigation system and
illumination.
$338,225
CAT-9 FHWA &

CO's
4/22/14
7/1/14
1/5/15
6/2/15
100%
100%
Espinelli,
Geoffrey
Raynor Street
Enhancements
Resurfacing, new curbs, sidewalks,

street trees, ADA ramps, landscape
medians, stamped concrete
crosswalks
$320,000
2013 Street
Infrastructure
4/6/15
4/15/15
4/6/15
6/30/15
100%
100%
PM
Total Projects: 18
18
Status Update
Downtown
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Guerrero,
Gilbert
San Jacinto Plaza
Reconstruction of San Jacinto Plaza
$6,000,000
2012 Quality of
Life Bond Issue
6/26/12
8/9/13
2/17/14
Fisk, James
Santa Fe
Enhancements II
Street Enhancement Project: Phase II

after baseball season - fixes,
additional textured crosswalks, street
trees, crosswalk concrete ribbons,
entryway sign
4/6/15
7/1/15
Espinelli,
Geoffrey
Train Way Bridges
Rehabilitation of bridge over the

Bataan train way along Santa Fe
between Franklin and Main Street.
$2,615,816
FHWA/TxDOT/Ci
ty
2/15/14
Ruiz, Vikkie
Rehabilitation of
Stanton, Santa Fe
International Bridges
The repair and rehabilitation of any

damaged concrete on the bridges'
substructure and superstructure and
failed joitn seals on the bridge decks.
$500,000
Bridge
Maintenance
Fund
To be developed
Design
Status
Construction
Status
11/30/15---
100%
80%
8/28/15
12/4/15
15%
0%
7/15/14
12/8/14
4/9/15
100%
99%
8/1/11
3/24/15
9/15/15
1/16/16
100%
0%
Design
Status
Construction
Status
Downtown Completed Projects

PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Guerrero,
Gilbert
Pedestrian Pathways
Pedestrian pathway with sidewalks

and amenities
$6,500,000
2012 Quality of
Life Bond Issue
11/5/13
3/17/14
9/8/14
6/5/15
100%
100%
Guerrero,
Gilbert
Pedestrian Crossing
Pedestrian plaza over railroad
$2,338,745
FHWA's 2014
CMAQ
11/27/12
9/8/14
9/30/14
6/5/15
100%
100%
Hernandez,
Ivan
Sanata FE Pedestrian
Imrprovements
Sidewalk widening, installation of

with irrigation and illumination
$338,225
CAT-9 FHWA &

CO's
4/22/14
7/1/15
1/5/15
6/2/15
100%
100%
Total Projects: 7
19
Status Update
Multiple Districts
Districts 1 & 8
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Cruz, Mario
Schuster
Reconstruction of street within the 70

foot right-of-way of Schuster Street
from Prospect Street to N Stanton
Street.
$3,333,100
2012-2019
Certificates of
Obligation
10/1/15
9/25/16
12/24/16
Espinelli,
Geoffrey
Country Club
Reconstructio of Country Club Road

from Doniphan to Santa Teresita
$11,602,140
FWHA/TxDOT
12/30/10
2/2/13
9/26/13
Design
Status
Construction
Status
12/14/18
0%
0%
6/30/15
100%
99%
Design
Status
Construction
Status
95%
0%
Total Projects: 7
Current Projects
PM
Vela, Joe
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Safe Zone Safety
The project consists of a total of 19

locations with school zone flasher
assemblies, construction of ADAcompliant pedestrian ramps, signing
and striping
$1,548,874
TxDOT - CMAQ
funding with
City 9% match
4/15/14
7/30/14
11/30/15
Total Projects: 1
20
11/30/16
Status Update
Districts 3 & 7
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Espinelli,
Geoffrey
Carolina Bridge
Reconstruction of Carolina Bridge

between Stiles Road and Alameda
$5,547,850
FHWA/TxDOT/Ci
ty
1/12/14
5/30/15
1/2/16
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
$2,230,400
2013 Street
Infrastructure
2/4/15
1/30/16
6/1/16
$2,249,300
2013 Street
Infrastructure
1/22/15
11/18/15
$2,357,300
2013 Street
Infrastructure
11/24/14
11/19/15
Design
Status
Construction
Status
100%
0%
Design
Status
Construction
Status
11/23/17
30%
0%
3/1/17
11/26/17
45%
0%
6/1/16
8/25/17
60%
0%
2/15/17
Total Projects: 1
Districts 3 & 8
Current Projects
PM
Project
Galvez,
Ismael
Alicia Street
Galvez,
Ismael
Cortez Street
Galvez,
Ismael
Encino St
Description
infrastructure
improvements.
infrastructure
improvements.
infrastructure
improvements.
Total Projects: 3
21
Status Update
Districts 4 & 5
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Espinelli,
Geoffrey
NTMP 2014
Install Traffic Calming Measures at

Heven Rock, Regulus, Breckenridge
Dr., Ro8und Roack Dr.
$2,000,000
2013 Street
Infrastructure
7/1/14
8/31/15
11/1/15
Total Projects: 1
22
7/31/16
Design
Status
Construction
Status
60%
0%
Status Update
Sun Metro
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Hernandez,
Ivan
Alameda RTS

from Mission Valley Transfer Center
to Downtown Transfer Terminal.
$37,800,000
FHWA & CO's
5/1/11
7/16/15
11/4/15
Hernandez,
Ivan
Alameda Pedestrian
Improvements
Sidewalk & parkwar repairs along

Alameda corridor
$1,500,000
CAT 5 FHWA
7/31/15
5/31/16
10/31/2016
Vela, Joe
Dyer RTS

from Northeast Transfer Center to
Downtown Transfer Terminal
$11,556,785
TxDOT Cat 7 Sun Metro
4/15/13
12/30/15
Vela, Joe
Dyer Pedestrian
Improvements
Accessibility and landscaping

improvements associated with Rapid
Transit System
$1,500,000
TxDOT - CAT 5
11/30/16
Ruiz, Vikkie
Mesa Pedestrian
Enhancements
Project to provide connectivity and

accessibility along the Mesa RTS
corridor and includes new sidewalks,
irrigation systems and landscaping
$1,246,000
Congestion
Mitigation and
Air Quality/2010
Certificates of
Obligation
Hernandez,
Ivan
Montana RTS

from Eastside Transfer Center to
Downtown Transfer Terminal.
$33,000,000
Design
Status
Construction
Status
95%
0%
7/31/2017
0%
0%
6/30/16
11/30/17
60%
0%
3/30/17
6/30/17
11/30/17
0%
0%
8/8/13
11/15/13
9/8/14
7/30/15
100%
95%
FHWA, FTA &

CO's
1/31/16
8/31/17
12/31/17
12/31/19
0%
0%
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Design
Status
Construction
Status
$27,080,000
2011
Certificates of
Obligation/
FTA and TxDOT
CMP
6/15/11
8/30/12
6/18/13
100%
100%
5/27/17
Sun Metro Completed Projects

PM
Galvez,
Ismael
Project
Description
Mesa RTS

from Remcon Circle to Downtown
Transfer Terminal
Total Projects: 7
23
4/20/2015
Status Update
Airport
Current Projects
PM
Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Brooks,
Shane
ARFF Remodel
Remodeling the existing AARF station
$400,000
Passenger
Facility Charges
5/24/15
10/1/15
2/1/16
Brooks,
Shane
Baggage Claim
Replacement
Removal and replacement of existing

baggage handling devices and
security/fire doors at the baggage
claim and international arrivals area
as well as installation of new baggage
information display monitors
$2,828,875
Passenger
Facility Charges
3/25/13
7/16/13
Brooks,
Shane
Cargo 3 Roof
Replacement
Replacement of roof of Cargo 3

building
$1,500,000
Passenger
Facility Charges
and Airport
12/1/14
Brooks,
Shane
ConRAC
Design and construction of a new

consolidated rental car facility
$45,880,000
Customer
Facility Charge
Ruiz, Vikkie
EPIA Concourse A
Expansion and
Improvements
Addition of restrooms and concession

space in Concourse A
$3,200,000
Ruiz, Vikkie
EPIA Concourse B
Meet and Greet and
Rotunda
Improvements
Remodel the areas to create a more

modern interior look.
Ruiz, Vikkie
EPIA Concourse
Lighting
Ruiz, Vikkie
Ruiz, Vikkie
Design
Status
Construction
Status
11/30/16
5%
0%
8/1/14
10/11/15
100%
75%
1/19/15
11/2/15
5/2/16
100%
0%
1/1/12
11/22/13
6/2/14
3/9/15
100%
50%
Passenger
Facility Charges
and Airport
2/18/14
1/23/15
9/7/15
8/29/16
100%
0%
$750,000
Passenger
Facility Charges
11/6/14
3/2/15
10/5/15
4/29/16
100%
0%
Replace the concourse lighting with

energy efficient lighting.
$750,000
Passenger
Facility Charges
11/6/14
5/4/15
7/15/16
1/30/17
100%
0%
EPIA Perimeter
Roads
Rehabilitation of approximately 5.5

miles of on-site perimeter roadways
to include speed control signage and
striping to accommodate two-way
traffic
$2,800,000
Airport
Improvement
Program
6/18/13
3/17/14
9/11/17
9/1/18
100%
0%
EPIA Runway 8L-26R

Reconstruction
Reconstruction of Runway 8L-26R and

Taxiways "U" and "V" and the
construction of a new parallel Taxiway
and Connectors.
$20,925,765
FAA/EPIA/El
Paso Water
Utilities
10/8/13
5/21/14
11/17/14
10/19/15
100%
45%
24
Status Update
Airport Projects cont.

Project
Description
Budget
Amount
Budget Source
Design
Start Date
Design
End Date

Date
Start Date
Ruiz, Vikkie
EPIA West Admin

Parking Lot
Reconstruction of west administration

parking lot including demolition and
replacement of existing pavement,
demolition and reinstallation of site
stair case, underground placement of
utility lines, and installation of new
curb/gutter, sidewalk, signs, wheel
stops, bollards and striping.
$1,000,000
Passenger
Facility Charges
and Airport
2/18/14
1/23/15
10/19/15
Brooks,
Shane
Long Term Parking

Lot Illumination
Installation of lighting at the El Paso

International Airport Long Term
Parking Lot Extension.
$1,100,000
Passenger
Facility Charges
and Airport
11/4/13
2/26/15
Brooks,
Shane
Passenger Boarding
Bridges
Design of 3 new standby generators

and the removal and replacement of
15 passenger boarding bridges.
$15,300,000
Passenger
Facility Charges
and Airport
12/10/13
Brooks,
Shane
Runway 4-22
Reconstruction
Reconstruction of Runway 4-22.
$16,830,000
PFC - FAA Airport
Brooks,
Shane
TSA Baggage Makeup

Area Expansion
Replacement and expansion of

existing baggage make up area.
$10,600,000
Brooks,
Shane
Feasibility Study for

RO Discharge Line
Feasibility study to examine options

for disposal of discharge concentrate.
Description
PM
Design
Status
Construction
Status
3/21/16
100%
0%
12/1/14
8/22/15
100%
50%
1/6/14
8/4/14
10/29/15
100%
60%
4/1/16
4/30/17
9/1/17
6/30/19
0%
0%
PFC - TSA
4/1/14
6/1/17
3/18/17
3/31/18
30%
0%
$4,000,000
Airport
2/9/15
3/4/15
100%
0%
Budget
Amount
Budget Source
Design
Start Date
Design
End Date
Design
Status
Construction
Status
Airport Completed Projects

PM
Project
Total Projects: 15
25

Date
Start Date
Status Update

$32,172,339
District 8
$16,516,261
District 1
$9,763,381
District 2
$28,122,631
District 7
$13,811,486
District 3
District$17,354,523
6
$16,622,525
District 5
District 4
$18,204,100
26
Exhibit M
1. Were copies of the attached documents1 (as they existed at the time of the request) provided to you or
your office in response to the Request?
September 15, 2015- City Attorneys Office, Open Records Coordinator sends staff including myself
the request made by Robert Moore
September 21, 2015-Deborah Nelson, Capital Improvement Department staff member sends
Martin Bartlett and Fred Lopez emails with documents that the department feels could be responsive
to the Open Records Request
September 21, 2015- Martin Bartlett forwarded the emails to me
The first document you attached is titled:
Capital Improvement Program Priority Projects by District -5/04/15
I did not receive this document. However I did receive 2 different versions of the same title
document, both dated 4/12/15. The three documents seem to be similar but contain different
information and some of the projects listed in the documents are different.
The second document attached is titled:
Capital Improvement Program-Status Update August 14, 2015
I did receive this document
**I have attached the documents I received on September 21, 2015 (#1)
2. Were copies of the attached documents forwarded to the City Attorneys office for review in
responding to the Request?
No copies of the attached documents were not forwarded to the City Attorneys Office for
review.
3. If the documents were not forwarded to the City Attorneys office, who made the decision not to
include them with other responsive documents?
The decision on responsiveness was made by myself and Monica Lombrana, Interim Director
of Capital Improvements Department. I printed a copy of the request and all of the documents
that were sent to me by the department. Monica and I sat together and went through each and
every document and compared it to the request for responsiveness.
4. Were the attached documents ultimately released to the Requestor when the other responsive
documents were provided?
No the attached documents were not released to the Requestor, because they were not
responsive to the request.
5. Do you believe that the attached documents were responsive to the Request?
No, I do not believe the documents in question were responsive.
The request includes the following language:

I am requesting any listing, documents, spreadsheets, etc., of proposed or completed projects submitted
by individual city council members for consideration by city staff.
I am requesting information on projects that are proposed, approved or adopted that were submitted
by individual city council members for consideration.
The Capital Improvement Program is a comprehensive plan that includes Quality of Life
Projects that were approved by the voters, Street Infrastructure Projects that were approved
by City Council in 2012, Community Development Block Grants (CDBG) projects that go
through an extensive process and are ultimately approved by a committee and then the full
City Council, it also includes projects from the Airport and Sun Metro.
Both documents in question are listings of the Capital Improvement Program projects. While
the projects are listed in the documents by district that is only a way to organize the projects
within the document- it is not an indication that each district representative individually
submitted each project. These documents relate to the Capital Improvement Plan-none of
these projects were submitted by individual city council members. Instead they were added
to the Plan through the extensive processes outlined above.
Council members went on tours with staff that resulted in individual council requests and
those documents were clearly responsive and made available to the Requestor.
You highlighted the District 2 Resurfacing Plan item in your letter to me. This item is part of
the 2012 Street Infrastructure Capital Plan that was approved by City Council on June 26,
2012. Projects included in the 2012 Street Infrastructure Capital Plan were not projects that
were submitted by individual city council members.
6. Did you discuss the attached documents with City Manager Tommy Gonzalez prior to forwarding
other responsive documents to the City Attorney for legal review? If so, please provide a narrative of
that conversation(s).
No I did not discuss the documents or the Open Records Request with the City Manager.
7. Did you ever state to any City employee that the attached documents did not support the narrative
of the City Managers office?
No my review of the documents did not include consideration of any narrative from the City
Manager.
I did tell Martin Bartlett that the City Manager did not approve any changes to the 2012 Street
Infrastructure Plan and reminded him that we had told media that staff had gone on tours
with each representative and those lists were not submitted for the Open Records Request. I
stressed that those lists were individual council requests and I needed him to go to Fred
Lopez and get the lists.
The next day he went and came back with only one list, it was for District 2. I told him to go
back to Fred and look through everything and not to return without the other seven district
lists.
He did come back with all of the lists except District 7. He said they had looked everywhere
and could not find the list for District 7.
** I have attached the district tour lists (#2)

8. Was there a concern that release of the attached documents would contradict the City Managers
public statement about his level of involvement in street resurfacing activities?
No, there was not a concern about releasing the documents, they were just not responsive.
What was responsive as individual council requests, were the lists that were compiled by Fred
Lopez as part of the tours he went on with each district representative. Those documents were
released to the Requestor.
9. Ultimately, who made the decision not to deem the attached documents as responsive to the
Request?
As I mentioned in question #3, the decision on the documents responsiveness was made by myself
and Monica Lombrana. I printed the request and all of the documents that were sent to me by the
department. Monica and I sat together and went through each and every document and compared it
to the request for responsiveness.

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PRIVILEGED

Texas Open Meetings Act. ........................................................................................................................ 19

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SCOPE & LIMITATIONS

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Mr. Gonzalez replied, You are responding accordingly. I dont know

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(5th Cir. May 18, 2015).

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o Design Build: Spray Parks (citywide)

As detailed in the report submitted to Mayor Leeser on Dec. 2, 2015 and

As detailed in the report submitted to Mayor Leeser on Dec. 2, 2015 and

As detailed in the report submitted to Mayor Leeser on Dec. 2, 2015 and

I have instituted a new process for all council requests

Quality Texas Foundation

Transaction List by Vendor

Freese and Nichols, Inc.

Thank you for your support!

Please make all checks payable to: Quality Texas Foundation

Freese and Nichols, Inc.

We look forward to working with you!

Please make all checks payable to: Quality Texas Foundation

City Manager Review

Street Rehabilitation Project

City Manager Review

Remove roundabout, remove water meter, install

City Manager Review

EPWU removed water meter on 4/29/2015

EPDOT: Analyze spacing standard using photometric software

5 Pebble Hills Arterial Lighting

City Manager Review

EPDOT: Analyze spacing standard using photometric software

Prefinal Design 3/16/2015

Recoat basketball court - Per Ray Cerda, no

CIP Planning: Site visit to provide recommendations to Rep. Ordaz

CIP Planning: Site visit to provide recommendations to Rep. Ordaz

City Manager Review

CIP Planning: Select coating with Parks per El Barrio Park

8 Country Club Rd. Sidewalks

Coordination with railroad

City Manager Review

City Manager Review