City Council

Name: El Paso City Council
Start: 2024-02-13
Location: COUNCIL CHAMBERS, CITY HALL, 300 N. CAMPBELL AND VIRTUALLY

February 13, 2024 ·9:00 AM Final

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

Agenda PDF 📹 Watch video Official record ↗

Agenda — 106 items

1 Teleconference phone number: 1-915-213-4096 Toll free number: 1-833-664-9267 Conference ID: 237-564-157#
2 Notice is hereby given that a Regular Meeting of the City Council of the City of El Paso will be conducted on February 13, 2024 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 At the prompt please enter Conference ID: 237-564-157# 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 The following member(s) of City Council will be present via video conference: Isabel Salcido and Chris Canales A quorum of City Council must participate in the meeting.
4 ROLL CALL ▶ jump to 0:41
5 INVOCATION BY EL PASO POLICE CHAPLAIN AND RABBI AT CHABAD LUBAVITCH, LEVI GREENBERG ▶ jump to 1:11
6 PLEDGE OF ALLEGIANCE ▶ jump to 4:30
7 MAYOR’S PROCLAMATIONS ▶ jump to 24:37
8 National Girls and Women in Sports Day National Engineers Week for Engineers at El Paso Electric, TXDOT El Paso District and UTEP El Paso Children's Hospital Day Teen Dating Violence Awareness Month
9 RECOGNITIONS BY MAYOR
10 Mayor’s Distinguished Award Ken Miyagishima Former Mayor, City of Las Cruces ▶ jump to 7:48
11 NOTICE TO THE PUBLIC
12 CONSENT AGENDA - APPROVAL OF MINUTES: ▶ jump to 66:50
13 Goal 6: Set the Standard for Sound Governance and Fiscal Management
1. Approval of the Minutes of the Regular City Council Meeting of January 30, 2024 and the Special City Council Meeting of January 29, 2024. 24-189 ▶ jump to 68:07
15 CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS: Approve Pass ▶ jump to 67:55
2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS ▶ jump to 68:07
17 CONSENT AGENDA - RESOLUTIONS:
18 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
3. A Resolution that the Interim City Manager, or designee, be authorized to sign a Third Amendment to the Air Cargo Center Agreement by and between the City of El Paso and United Parcel Service, Inc. for 301 George Perry Blvd., Suite E, El Paso, Texas, to increase the aircraft parking apron and ground service equipment parking to 251,820 square feet, an increase of 29,820 square feet. 24-183 ▶ jump to 68:07
4. A Resolution authorizing the City Manager to direct City staff to follow the recommendations outlined in the International Economic Development Council (IEDC) Equitable Economic Development Playbook to create strategies to improve economic mobility for small businesses, particularly those that are minority-and women-owned in the City of El Paso, Texas. 24-209 ▶ jump to 68:07
21 Goal 3: Promote the Visual Image of El Paso
5. That the Solid Waste liens on the attachment posted with this agenda be approved (See Attachment A). 24-187 ▶ jump to 68:07
6. A Resolution approving a detailed site development plan for a portion of Lot 5, Block 2, The Village at Eastpointe, 8300 Burnham Road, City of El Paso, El Paso County, Texas, pursuant to Section 20.04.150. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed detailed site development plan meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: 8300 Burnham Rd. Applicant: Miguel Vargas, PZDS23-00030 24-208 ▶ jump to 68:07
24 Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
7. Approve a Resolution to authorize the City Manager or designee to enter into contract and amendments to contracts to carry out the 2024 Public Art Plan. 24-185
26 Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
8. That the City Manager, or designee, be authorized to sign an Underground Electrical and Transformer Pad Easement, granting an easement to the El Paso Electric Company to provide electrical power to the property legally described as a Portion of Section 17, Block 81, Township 2, Texas and Pacific Railway Company Surveys, and Lot 4, Block 1, Animal Services Pond, City of El Paso, El Paso County, Texas. 24-186
9. That the City Manager, or designee, be authorized to sign an Advance Funding Agreement by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the replacement or rehabilitation of the El Paso Street Bridge over the Union Pacific Railroad as part of the Highway Bridge Replacement and Rehabilitation Program (“HBRRP”) for a total estimated project cost of $420,000.00 of which the estimated local government participation amount is $0.00 plus the direct cost, if any, of any project cost item that is not eligible for federal participation under the HBRRP. Further, that the City Manager, or designee, is authorized to sign all documents, agreement amendments, and perform all actions required to carry out the obligations of the City under this agreement. 24-192
10. That the City Manager, or designee, be authorized to sign an Advance Funding Agreement by and between the City of El Paso and the State of Texas, acting by and through the Texas Department of Transportation, for the replacement or rehabilitation of the Campbell Street Bridge over the Union Pacific Railroad as part of the Highway Bridge Replacement and Rehabilitation Program (“HBRRP”) for a total estimated project cost of $750,000.00 of which the estimated local government participation amount is $0.00 plus the direct cost, if any, of any project cost item that is not eligible for federal participation under the HBRRP. Further, that the City Manager, or designee, is authorized to sign all documents, agreement amendments, and perform all actions required to carry out the obligations of the City under this agreement. 24-193
30 CONSENT AGENDA - BOARD RE-APPOINTMENTS:
31 Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
11. Sandie Olivar to the Parks and Recreation Advisory Board by Representative Brian Kennedy, District 1. 24-228
33 Goal 6: Set the Standard for Sound Governance and Fiscal Management
12. Richarda Duffy Momsen to the Ethics Review Commission by Mayor Oscar Leeser. 24-226
13. Bruce Yetter to the Ethics Review Commission by Representative Brian Kennedy, District 1. 24-227
14. Arnulfo Hernandez to the Ethics Review Commission by Representative Art Fierro, District 6. 24-229
15. Elena Grasheim to the Ethics Review Commission by Representative Cassandra Hernandez, District 3. 24-239
38 CONSENT AGENDA - BOARD APPOINTMENTS:
39 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
16. Rose A. Lucero to the Committee on Border Relations by Representative Henry Rivera, District 7. 24-236
41 Goal 3: Promote the Visual Image of El Paso
17. Margaret L. Livingston to the City Plan Commission by Mayor Oscar Leeser. 24-232
18. Roberto Franco to the Capital Improvements Advisory Committee by Representative Henry Rivera, District 7. 24-234
44 Goal 6: Set the Standard for Sound Governance and Fiscal Management
19. Larry John Porras to the Civil Service Commission by Representative Chris Canales, District 8. 24-225
20. Homero Lucero to the Civil Service Commission by Representative Henry Rivera, District 7. 24-243
21. Brigitte Ballou to the Ethics Review Commission by Representative Henry Rivera, District 7. 24-238
48 Goal 8: Nurture and Promote a Healthy, Sustainable Community
22. Johanna Guillen as a Regular Member to the Fair Housing Task Force by Representative Henry Rivera, District 7. 24-233
50 CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:
51 Goal 6: Set the Standard for Sound Governance and Fiscal Management
23. 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 B) 24-199
53 REGULAR AGENDA - MEMBERS OF THE CITY COUNCIL
54 Goal 3: Promote the Visual Image of El Paso
24. Discussion and action to approve a Resolution that recognizes and commends Wilbur “Bookie” Coleman III and his mother, Cheree Coleman for their significant efforts to provide aid during the pandemic and for feeding the hungry through their non-profit, “Bookie and Mommy’s Helping Hand”. 24-231 Approve Pass ▶ jump to 63:52
56 Goal 2: Set the Standard for a Safe and Secure City
25. Presentation and discussion by El Paso County Juvenile Probation Department on transforming juvenile justice. [POSTPONED FROM 01-30-2024, 02-13-2024 AND 02-27-2024] 24-182 ▶ jump to 67:43
58 Goal 5: Promote Transparent and Consistent Communication Amongst All Members of the Community
26. Discussion and action to direct the City Manager, to have the Human Resources department put together a timeline based on the attached process to conduct a search for a City Manager from local candidates. 24-240 ▶ jump to 68:48
27. Discussion and action to direct the City Attorney to amend the Ethics Ordinance to require all candidates to report the amount of each contribution and the donor name by the last day of every month with the City Clerk for posting as notation on the next regular City Council meeting. 24-241
28. Discussion and action on directing the City Attorney to prepare a resolution amending the City Council Rules of Order, specifically Section 13 - Right of Citizens to be Heard, to specify: that public comment received in writing (“letters”) submitted to become part of the record in accordance with the already established procedure shall, upon request of the submitter, be read into the record by the City Clerk or staff designee; and that the duration of the reading of each submitted letter shall be limited to one minute, after which point the reading will be truncated but the entirety of the text will still be included as part of the record; and that the reading of such letters will occur during the public comment period but after all speakers participating either in-person or remotely/telephonically have had the opportunity to address the City Council. 24-235
62 Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
29. Discussion and action on a Resolution to appoint a member to the El Paso Water Utilities Public Service Board of Trustees in the area of expertise of Communications, Public Administration or Education, as recommended by the El Paso Water Utilities Public Service Board Selection Committee: Ranked 1st: Anna Gitter Ranked 2nd: Keri Moe Ranked 3rd: Abigail Tarango [POSTPONED FROM 01-30-2024] 24-126
64 CALL TO THE PUBLIC – PUBLIC COMMENT:
65 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: 237-564-157# 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
66 REGULAR AGENDA - FIRST READING OF ORDINANCES:
67 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.
68 Goal 3: Promote the Visual Image of El Paso
30. An Ordinance changing the zoning of a portion of Tract 1G, Laura E. Mundy Survey No. 238, City of El Paso, El Paso County, Texas from R-3 (Residential) to C-3 (Commercial). The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: Desert South Blvd. and North of Vinton Ave. Applicant: Wieland Properties, Joint Venture, PZRZ23-00029 24-188
31. An Ordinance changing the zoning of a portion of F. Neve Survey No. 8, 4625 Delta Drive, City of El Paso, El Paso County, Texas from R-5/sp (Residential/special permit) to G-MU/sp (General Mixed Use/special permit), approving a master zoning plan, and imposing conditions. The penalty is as provided for in Chapter 20.24 of the El Paso City Code. The proposed rezoning meets the intent of the Future Land Use designation for the property and is in accordance with Plan El Paso, the City’s Comprehensive Plan. Subject Property: 4625 Delta Dr. Applicant: Enrique Mata, PZRZ23-00016 24-200
71 REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS:
72 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
32. The linkage to the Strategic Plan is subsection: 1.4 Grow the core business of air transportation. Award Summary: Discussion and action on the award of Solicitation 2024-0056 Security Guard Services - Airport to KR Contracting, Inc. for an initial term of three (3) years for an estimated amount of $6,178,869.90. The award also includes a two (2) year option for an estimated amount of $4,119,246.60. The total contract time is for five (5) years for a total estimated amount of $10,298,116.50. This contract will provide security guard services at the El Paso International Airport. Contract Variance: The difference based in comparison to the previous contract is as follows: An increase of $3,357,569.76 for the initial term, which represents a 119.01% increase attributed to additional hours being added to the contract, as well as an increase in hourly billable rate. Department: El Paso International Airport Award to: KR Contracting, Inc. City & State: Germantown, Maryland Item(s): All Initial Term: 3 Years Option Term: 2 Years Total Contract Time: 5 Years Annual Estimated Award: $2,059,623.30 Initial Term Estimated Award: $6,178,869.90 Option Term Estimated Award: $4,119,246.60 Total Estimated Award: $10,298,116.50 Account(s): 562 - 3000 - 62070 - 522120 562 - 3000 - 62110 - 522120 Funding Source: Airport Operations Fund District(s): All This was a Best Value Bid Procurement - unit price contract. The Purchasing & Strategic Sourcing and El Paso International Airport Departments recommend award as indicated to KR Contracting, Inc. the highest ranked bidder based on the evaluation factors established in the evaluation criteria for this procurement and to deem The Kingdom Security Firm non-responsive due to not submitting a surety commitment letter. 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. [POSTPONED FROM 02-13-2024] 24-223
74 Goal 8: Nurture and Promote a Healthy, Sustainable Community
33. The linkage to the Strategic Plan is subsection: 8.6 Provide long-term, cost effective, sustainable regional solid waste solutions. Award Summary: Discussion and action on the award of Solicitation 2024-0193 Collection Services - Various City Facilities to Waste Connections Management Services, Inc., dba El Paso Disposal, LP for an initial term of three (3) year(s) for an estimated amount of $930,795.00. The award also includes a two (2) year option for an estimated amount of $620,530.00. The total contract time is for five (5) years for a total estimated amount of $1,551,325.00. This contract will provide daily transportation of waste and recycle materials for the Environmental Services Department at various locations around the city. Contract Variance: The difference based in comparison to the previous contract is as follows: An increase of $86,070.00 for the initial term, which represents a 10.19% increase due to the current wage market and fuel prices. Department: Environmental Services Award to: Waste Connections Management Services, Inc. dba El Paso Disposal, LP City & State: The Woodlands, Texas Item(s): All Initial Term: 3 Years Option Term: 2 Years Total Contract Time: 5 Years Annual Estimated Award: $310,265.00 Initial Term Estimated Award: $930,795.00 Option Term Estimated Award: $620,530.00 Total Estimated Award $1,551,325.00 Funding Source(s): Environmental Fee District(s): All This was a Best Value Bid Procurement - unit price contract. The Purchasing & Strategic Sourcing Department and Environmental Services Department recommend award as indicated to Waste Connections Management Services, Inc. dba El Paso Disposal, LP 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. [POSTPONED FROM 01-30-2024] 24-159
76 REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES:
77 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
34. An Ordinance amending Ordinance No. 016528 to modify requirements for membership on the Board of Directors of the Tax Increment Reinvestment Zone Number Five, City of El Paso, Texas. [POSTPONED FROM 01-17-2024 AND 01-30-2024]
35. An Ordinance of the City Council of the City of El Paso, Texas, approving amendment number twenty-three to the Project and Financing Plan for Tax Increment Reinvestment Zone Number Five, City of El Paso, Texas, amending the plan to update the projected tax increment reinvestment zone revenue and establishing project cost categories. [POSTPONED FROM 01-17-2024 AND 01-30-2024]
80 Goal 2: Set the Standard for a Safe and Secure City
36. An Ordinance amending Title 2 (Administration and Personnel), Chapter 2.44 (Courts), Section 2.44.030 (Judges) to update and clarify the process of filling vacancies in the positions of Municipal Court Judge or Substitute Associate Municipal Court Judge. 24-142
82 Goal 6: Set the Standard for Sound Governance and Fiscal Management
37. An Ordinance authorizing the City Manager to sign a purchase and sale agreement, a deed, and any other documents necessary to convey approximately 0.18 acres of land described as Tracts 16E and 16B3, Block 1, Upper Valley Surveys, in the City of El Paso, El Paso County, Texas. 24-139
38. An Ordinance authorizing the City Manager to sign a purchase and sale agreement, a deed, and any other documents necessary to convey approximately 0.73 acres of land described as Tracts 4A1A, 4B1, and 5A1, Block 1, Upper Valley Surveys, in the City of El Paso, El Paso County, Texas. 24-140
39. An Ordinance amending the Civil Service Rules and Regulations, Ordinance 8065, Rule 1, Section 2 (C) Secretary to name the Human Resources Director or designee as Secretary; and Rule 1, Section 9 Commission Recorder to enable the person carrying out the duties of the Recorder to be a City Employee hired in alignment with the City Charter. 24-151
86 REGULAR AGENDA - OTHER BUSINESS:
87 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
40. Discussion and action that the City Manager be authorized to execute a Second Amendment of the Chapter 380 Grant Agreement dated December 11, 2012 by and between the City of El Paso, Texas, a home-rule municipality and ADP, Inc., a Delaware Corporation to revise the Full-Time Employment definition, shorten the Grant Period, and lower the Aggregated Grant Amount. 24-197
41. Discussion and action that the City Manager, or designee, be authorized to sign a Tax Increment Reinvestment Zone Reimbursement Agreement between the City of El Paso and Jordan Foster Construction (“Contractor”), to reimburse Contractor for the construction, installation, and implementation of street improvements contained within the public right-of-way and generally located on W. Main Drive between N. Santa Fe Street and N. El Paso Street (the “Project”). Said reimbursement is limited to costs incurred by Contractor in connection with the Project and shall not exceed $830,000.00. 24-194
42. Discussion and action on a Resolution approving capital improvements totaling approximately $6,818,984 that includes $2,501,484 of previously completed projects for the document known as the “Five Year Capital Maintenance Improvement Plan for the Ballpark” for FY2024 through FY2028 and approving the use of 5-year ballpark estimated revenues ($6,825,000) as funding sources and authorizing the City Manager to make all necessary budget transfers to complete the improvements as outlined in Exhibit A of the Resolution. 24-212
91 Goal 3: Promote the Visual Image of El Paso
43. Discussion and action on a Resolution approving an alternative site for the Multipurpose Cultural and Performing Arts Center and directing the Interim City Manager to take necessary steps in preparation and support of the project. [POSTPONED FROM 02-13-2024, 03-12-2024, AND 03-26-2024] 24-215
93 Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
44. Discussion and action requesting Council support for Eco El Paso’s grant application to the Texas A&M Forest Service FY24 Community Forestry Grants program. 24-210
95 EXECUTIVE SESSION
96 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.
97 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
98 ADJOURN
99 NOTICE TO THE PUBLIC:
100 ALL REGULAR CITY COUNCIL AGENDAS ARE PLACED ON THE INTERNET ON THURSDAY PRIOR TO THE MEETING AT THE ADDRESS BELOW:
101 Note ▶ jump to 0:04
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101 Rollcall ▶ jump to 0:13
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101 Note