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City Council

April 1, 2025 ·9:00 AM Final

COUNCIL CHAMBERS, CITY HALL, 300 N. CAMPBELL AND VIRTUALLY

Agenda — 97 items

  1. 1 Teleconference phone number: 1-915-213-4096 Toll free number: 1-833-664-9267 Conference ID: 864-122-685#
  2. 2 Notice is hereby given that a Regular Meeting of the City Council of the City of El Paso will be conducted on April 1, 2025 at 9:00 A.M. Members of the public may view the meeting via the following means: Via the City’s website. http://www.elpasotexas.gov/videos Via television on City15, YouTube: https://www.youtube.com/user/cityofelpasotx/videos In compliance with the requirement that the City provide two-way communication for members of the public, members of the public may communicate with Council during public comment, and regarding agenda items by calling the following number: 1-915-213-4096 or Toll free number: 1-833-664-9267
  3. 3 At the prompt please enter the corresponding Conference ID: Regular Council Meeting, April 1, 2025 Conference ID: 864-122-685# The public is strongly encouraged to sign up to speak on items on this agenda before the start of this meeting on the following links: For Call to the Public: https://app.smartsheet.com/b/form/dfad29e838da41fd86052bb264abd397 To Speak on Agenda Items: https://app.smartsheet.com/b/form/7086be5f4ed44a239290caa6185d0bdb A quorum of City Council must participate in the meeting.
  4. 4 ROLL CALL
  5. 5 INVOCATION BY EL PASO POLICE SENIOR CHAPLAIN DAVID MAYFIELD
  6. 6 PLEDGE OF ALLEGIANCE
  7. 7 Hanks High School at the invitation of City Representative Lily Limón Noah Isaiah Arias
  8. 8 MAYOR’S PROCLAMATIONS ▶ jump to 7:28
  9. 9 Sexually Transmitted Infection Awareness Month Earth Day Celebration Event Autism Acceptance Month National Public Safety Telecommunicators Week Transgender Day of Visibility
  10. 10 NOTICE TO THE PUBLIC
  11. 11 CONSENT AGENDA - APPROVAL OF MINUTES: Approved as Revised Pass ▶ jump to 59:12
  12. 12 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  13. 1. Approval of the Minutes of the Regular City Council Meeting of March 18, 2025, the Agenda Review Meeting of March 17, 2025, and the Work Session of March 17, 2025. 25-410
  14. 14 CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
  15. 2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS 25-84
  16. 16 CONSENT AGENDA - RESOLUTIONS:
  17. 17 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
  18. 3. A Resolution that the City Manager, or designee, be authorized to sign a Lessor's Approval of Assignment of the Butterfield Trail Industrial Park Lease by and among the City of El Paso ("Lessor"), Butterfield 15 LK, LLC ("Assignor") and Sealy Leigh Fisher Blvd. II, LLC ("Assignee") regarding the following property: All of Lots 7, 8, 9, and 10, Block 8 Butterfield Trail Industrial Park Unit Two, City of El Paso, El Paso County, Texas municipally known and numbered as 15 Leigh Fisher Blvd., El Paso, Texas. 25-390
  19. 4. A Resolution that the City Manager, or designee, be authorized to sign an Air Cargo Building Lease Agreement with the City of El Paso (“Lessor”) and Meyer Logistics, Inc. (“Lessee”), for air cargo space at the El Paso International Airport for a period of 1 year with automatic renewal for four (4) additional terms of one (1) year each, regarding the following property: 6411 Convair Road, Building #2 25-403
  20. 20 Goal 2: Set the Standard for a Safe and Secure City
  21. 5. A Resolution authorizing the Mayor to sign an Interlocal Agreement between the City of El Paso and the County of El Paso in which the County authorizes the City to use the El Paso County Sheriff’s incinerator to destroy confiscated narcotics and confidential trash or evidence consisting of paper material. 25-381
  22. 6. A Resolution authorizing the City Manager or designee to submit to the Public Safety Office of the State of Texas, grant application number 5185402 for the City of El Paso Fire Department project identified as “Enhancement of Special Response Team-Extrication Capabilities” to provide financial assistance to the City of El Paso. Requesting $248,741.95, no cash match required. The grant period will be from September 1, 2025 through August 31, 2026. 25-382
  23. 7. A Resolution authorizing the City Manager or designee to submit to the Texas Department of Emergency Management, grant application number 4781 for the City of El Paso Office of Emergency Management project identified as “El Paso County Multi-Jurisdictional Hazard Mitigation Action Plan Updates” to provide financial assistance to the City of El Paso. Requesting $90,000 with a cash match of $30,000 (25%) for a total project amount of $120,000. The grant period will be from December 1, 2025 to December 1, 2026. 25-386
  24. 24 Goal 3: Promote the Visual Image of El Paso
  25. 8. That the Solid Waste liens on the attachment posted with this agenda be approved. (See Attachment A) 25-298 Approve Pass ▶ jump to 65:59
  26. 26 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  27. 9. A Resolution authorizing the City Manager, or designee, to enter into a Department of the Army Right of Entry for Environmental Assessment and Response (ROE) with the United States of America (Government) to allow the Government the right to enter City property located north of Castner Range, in El Paso County, Texas, for the purpose of identifying and removing Munitions and Explosives of Concern (MEC) and conducting a baseline ecological and human risk assessment. The term of the ROE is for a period not to exceed 60 months. 25-385 Approve Pass ▶ jump to 69:28
  28. 10. A Resolution that the Taxpayer, PHILIP & LAUREN M LAVRETSKY REVOCABLE LI, has met the requirements of Section 33.011 of the Texas Tax Code for the request of waiver of penalties and interest and the City waives the penalty and interest amount on the 2024 delinquent taxes pursuant to Section 33.011(a)(1) of the Tax Code in the amount of $668.35, for the property with the following legal description: 2 THE WILLOWS #1 LOT 14 (13199.20 SQ FT) 25-394
  29. 11. A Resolution that the Taxpayer, WALDO J P REGALADO, has met the requirements of Section 33.011 of the Texas Tax Code for the request of waiver of penalties and interest and the City waives the penalty and interest amount on the 2024 delinquent taxes pursuant to Section 33.011(j)(1) of the Tax Code in the amount of $378.37, for the property with the following legal description: 4 MESQUITE TRAILS #1 LOT 41 (7098.93 SQFT) 25-395
  30. 12. A Resolution that the Taxpayer, HOT SHOT FINAL MILE, has met the requirements of Section 33.011 of the Texas Tax Code for the request of waiver of penalties and interest and the City waives the penalty and interest amount on the 2024 delinquent taxes pursuant to Section 33.011(j)(1) of the Tax Code in the amount of $97.59, for the property with the following legal description: FURN VEH 25-406
  31. 31 Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
  32. 13. The linkage to the Strategic Plan is subsection: 7.2 Improve competitiveness through infrastructure improvements impacting the quality of life. Request that the Director of Purchasing & Strategic Sourcing be authorized to notify RP of EPT, Inc. that the City is terminating Contract No. 2023-0234 on Call Plumbing Services for convenience, pursuant to the Contract Clauses- Section 7A of this contract, due to contract expenditures being met and that the termination shall be effective as of April 1, 2025. 25-391
  33. 33 CONSENT AGENDA - BOARD RE-APPOINTMENTS:
  34. 34 Goal 8: Nurture and Promote a Healthy, Sustainable Community
  35. 14. Kenneth Bell to the Fair Housing Task Force, as an alternate member, by Representative Deanna M. Rocha, District 3. 25-433
  36. 15. Michael Adjemian to the City Accessibility Advisory Committee by Representative Deanna M. Rocha, District 3. 25-434
  37. 37 CONSENT AGENDA - BOARD APPOINTMENTS:
  38. 38 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  39. 16. Patricia A. Macias to the Ethics Review Commission by Representative Art Fierro, District 6. 25-430
  40. 40 CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:
  41. 41 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  42. 17. That the tax refunds listed on the attachment posted with this agenda be approved. This action would allow us to comply with state law which requires approval by the legislative body of refunds of tax overpayments exceeding the three (3) year limit. (See Attachment B) 25-383
  43. 18. That the tax refunds listed on the attachment posted with this agenda be approved. This action would allow us to comply with state law which requires approval by the legislative body of refunds of tax overpayments greater than $2,500.00. (See Attachment C) 25-384
  44. 44 REGULAR AGENDA - MEMBERS OF THE CITY COUNCIL
  45. 45 Goal 3: Promote the Visual Image of El Paso
  46. 19. Discussion and action on a Resolution to authorize the expenditure of District 6 discretionary funds, in an amount not to exceed $1,000 for the purchase of a Silver Sponsor package for the Texas Spanish Spelling Bee 2025. The sponsorship packages assist in supporting key event needs to include venue rental, meals for attendees, trophies for the top three spellers, diplomas/certificates and medals for participants. 25-432 Approve Pass ▶ jump to 72:35
  47. 47 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  48. 20. Discussion and action to authorize the amendment of the Resolution that was approved by City Council on January 22, 2025 to use Discretionary funds, to include the cost of commute in Austin. 25-431 Approve Pass ▶ jump to 75:23
  49. 21. Discussion and action to direct the City Manager and City Attorney to prepare a resolution or ordinance, as appropriate, to establish the Bond Overview Advisory Committee (BOAC) as a permanent standing committee, expanding its purview to include oversight functions related to City of El Paso bond-funded projects. 25-435 Approve Fail ▶ jump to 111:53
  50. 50 Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
  51. 22. Discussion and action on a Resolution that the City of El Paso hereby appoints the following board members to the Camino Real Regional Mobility Authority Board for the positions identified below: 1. Mathew McElroy, Position 6, term expires February 1, 2027 2. Lina Ortega, Position 2, term expires February 1, 2027 3. Robert Palacios, Position 4, term expires February 1, 2027 4. Monica Perez, Position 1, term expires February 1, 2026 25-413 Approve Pass ▶ jump to 131:39
  52. 52 REGULAR AGENDA - OPERATIONAL FOCUS UPDATES
  53. 53 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  54. 23. Presentation and discussion on a report by Forvis Mazars, LLP on the financial and grants audit of the City of El Paso ("City"). The report to the City Council will include the audit opinion regarding the City financial statements and a brief overview of the financial results for the City for the fiscal year ended August 31, 2024. 25-388 ▶ jump to 133:08
  55. 55 CALL TO THE PUBLIC – PUBLIC COMMENT: ▶ jump to 145:46
  56. 56 Call to the Public will begin at 12:00 p.m. Requests to speak must be received by 9:00 a.m. on the date of the meeting. Sixty minutes in total will be devoted for Call to the Public. This time is reserved for members of the public who would like to address the City Council on items that are not on the City Council Agenda. Members of the public may communicate with Council during public comment, and regarding agenda items by calling 1-915-213-4096 or toll free number 1-833-664-9267 at the prompt please enter the following Conference ID: 864-122-685# A sign-up form is available on line for those who wish to sign up in advance of the meeting at: https://app.smartsheet.com/b/form/dfad29e838da41fd86052bb264abd397
  57. 57 REGULAR AGENDA - FIRST READING OF ORDINANCES:
  58. 58 INTRODUCTION OF ORDINANCES PURSUANT TO SECTION 3.9 OF THE EL PASO CITY CHARTER: Public comment typically is not taken during the first reading of ordinances. Public comments are invited at the date of the scheduled public hearing.
  59. 59 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
  60. 24. An Ordinance approving an amendment to the Contract of Sale between the City of El Paso and VENU (dba Notes Live Inc.), a Colorado Corporation, amending the acreage of the property located at the Northeast Corner of Cohen Avenue and U.S. Highway 54, El Paso, TX 79924, legally described as a Portion of Block 7, Castner Range Subdivision No. 1, City of El Paso, El Paso County, Texas; and clarifying provisions pertaining to the parking agreement, title, and closing. 25-416 Approve Pass ▶ jump to 142:37
  61. 61 Goal 2: Set the Standard for a Safe and Secure City
  62. 25. An Ordinance granting Dominion Ambulance, LLC., a franchise extension and amending Ordinance 019489 to modify its franchise rate, and to operate a non-emergency ambulance transfer service. 25-396
  63. 26. An Ordinance granting Elite Medical Air Transport, LLC D/B/A Emergent Air, a franchise extension and amending Ordinance 019518 to modify its franchise rate, and to operate a non-emergency ambulance transfer service. 25-397
  64. 27. An Ordinance granting Elite Medical Transport of Texas, LLC., a franchise extension and amending Ordinance 019488 to modify its franchise rate, and to operate a non-emergency ambulance transfer services. 25-398
  65. 28. An Ordinance granting Life Ambulance Service, INC., a franchise extension and amending Ordinance 019491 to modify its franchise rate, and to operate a non-emergency ambulance transfer service. 25-399
  66. 66 REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS:
  67. 67 Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
  68. 29. The linkage to the Strategic Plan is subsection: 7.2 Improve competitiveness through infrastructure improvements impacting the quality of life. Award Summary: Discussion and action on the award of Solicitation 2024-0387 On Call Plumbing Services to Bella Luna Engineering & Building Maintenance for an initial term of three (3) years for an estimated amount of $360,000.00. The award also includes a two (2) year option for an estimated amount of $240,000.00. The total contract time is for five (5) years for a total estimated amount of $600,000.00. This contract will allow the repairs and maintenance for all plumbing at city owned facilities. Contract Variance: No variance in comparison to the previous contract awarded for these services due to the same budgeted amount being awarded. Department: Streets and Maintenance Award to: Bella Luna Engineering and Building Maintenance City & State: El Paso, TX Item(s): All Initial Term: 3 Years Option Term: 2 Years Total Contract Time: 5 Years Annual Estimated Award: $120,000.00 Initial Term Estimated Award: $360,000.00 Option Term Estimated Award: $240,000.00 Total Estimated Award $600,000.00 Account(s) 532-1000-522270-32020-P3254 Funding Source(s): General Fund District(s): All This was a Best Value Bid Procurement - Service contract. The Purchasing & Strategic Sourcing and Streets and Maintenance Departments recommend award as indicated to Bella Luna Engineering and Building Maintenance the highest ranked bidder based on the evaluation factors established in the evaluation criteria for this procurement. It is requested that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of this award. In accordance with this award, the City Manager or designee is authorized to exercise future options if needed. 25-387 Awarded Pass ▶ jump to 143:46
  69. 69 REGULAR AGENDA - OTHER BUSINESS:
  70. 70 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  71. 30. Discussion and action that the City Manager, or designee, be authorized to effectuate the listed budget transfer to: 1. Set up County P25 Digital Radio System reimbursement revenue of $320,788.36 to use for IT Infrastructure 2025 project equipment needs. (Internal Capital Fund) 2. Transfer a total project savings of $170,159.73 from Education Discovery, Shaded Concessions and Support Elements projects in to Endangered Species Breeding Center project. (2012 QoL GO Fund) 3. Transfer $195,338.65 from unprogrammed project balances in to Penguin Exhibit project. (2012 QoL GO Fund) 4. Transfer $285,980.63 from unprogrammed project balances to complete Doniphan & West Green Traffic Signal project. (2013 Street Infrastructure, 2017 and 2019 CO Funds) 5. Transfer $172,090.43 from Neighborhood Improvement Projects Master to set-up East Cave Park project. (2012 QoL GO Fund) 25-405 Approve Pass ▶ jump to 145:21
  72. 31. Discussion and action to approve the FY2024-2025 Audit Plan 2nd Quarter Updates. 25-417 ▶ jump to 181:52
  73. 32. Discussion and action to accept the results of the Department of Public Health - Internal Control Review P2024-03. 25-418 ▶ jump to 184:05
  74. 31. Discussion and action to approve the FY2024-2025 Audit Plan 2nd Quarter Updates. 25-417 ▶ jump to 184:39
  75. 33. Discussion and action to accept the results of the Sun Metro Money Room - Internal Control Review P2024-01. 25-419
  76. 34. Discussion and action to accept the results of the Division of Military Affairs - Travel and Accounts Payable Audit Report A2024-02. 25-420
  77. 32. Discussion and action to accept the results of the Department of Public Health - Internal Control Review P2024-03. 25-418 Approve Pass ▶ jump to 186:46
  78. 35. Discussion and action to accept the results of the Vehicle Allowance Program Analysis. 25-421
  79. 36. Discussion and action to approve the proposed amendments to the FY2024-2025 Audit Plan. 25-422 Approve Pass ▶ jump to 194:59
  80. 78 EXECUTIVE SESSION
  81. 79 The City Council of the City of El Paso may retire into EXECUTIVE SESSION pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Chapter 551, Subchapter D, to discuss any of the following: (The items listed below are matters of the sort routinely discussed in Executive Session, but the City Council of the City of El Paso may move to Executive Session any of the items on this agenda, consistent with the terms of the Open Meetings Act and the Rules of City Council.) The City Council will return to open session to take any final action and may also, at any time during the meeting, bring forward any of the following items for public discussion, as appropriate.
  82. 80 Section 551.071 CONSULTATION WITH ATTORNEY Section 551.072 DELIBERATION REGARDING REAL PROPERTY Section 551.073 DELIBERATION REGARDING PROSPECTIVE GIFTS Section 551.074 PERSONNEL MATTERS Section 551.076 DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS Section 551.087 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS Section 551.089 DELIBERATION REGARDING SECURITY DEVICES OR SECURITY AUDITS; CLOSED MEETING
  83. 81 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  84. EX1. Ricardo Rubio, et al v. City of El Paso Department of Public Health, et al; Cause No. 2018DCV0735 (551.071) 25-424 ▶ jump to 197:54
  85. EX2. Application of El Paso Electric Company to Implement Fuel Refund - PUC#57838; HQ#UTILITY-64 (551.071) 25-425 Approve Pass ▶ jump to 199:44
  86. EX3. Application of El Paso Electric Company to Update its Generation Cost Recovery Rider Related to Newman Unit 6 - PUC#56225; HQ#UTILITY-31 (551.071) 25-426 ▶ jump to 200:08
  87. EX4. Application of El Paso Electric Company to Change Rates - PUC#57568; HQ#UTILITY-60 (551.071) 25-427 ▶ jump to 200:10
  88. EX5. Temporary restraining order regarding Sun Metro Facility fire of February 11, 2025. Cause No. 2025-CPR00364 (551.071) 25-428 ▶ jump to 200:13
  89. EX6. Discussion on purchase, exchange, lease, or value of real property in Eastside Extraterritorial Jurisdiction; HQ 24-2691 (551.071) (551.072) 25-429 ▶ jump to 200:14
  90. EX7. Discussion on economic development opportunities in Northeast El Paso, Texas. HQ#24-2438 (551.072) (551.087) 25-441 ▶ jump to 200:17
  91. 89 ADJOURN
  92. 90 NOTICE TO THE PUBLIC:
  93. 91 ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET ON THURSDAY PRIOR TO THE MEETING AT THE ADDRESS BELOW:
  94. 94 Rollcall ▶ jump to 0:05
  95. 95 Note ▶ jump to 0:47
  96. 96 Note ▶ jump to 0:47
  97. 97 Note