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January 3, 2024 ·9:00 AM *** REVISED ***

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

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Agenda — 88 items

  1. 1 Teleconference phone number: 1-915-213-4096 Toll free number: 1-833-664-9267 Conference ID: 941-073-775#
  2. 2 Notice is hereby given that a Regular Meeting of the City Council of the City of El Paso will be conducted on January 3, 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. 3 At the prompt please enter Conference ID: 941-073-775# 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: Representative Cassandra Hernandez A quorum of City Council must participate in the meeting.
  4. 4 ROLL CALL ▶ jump to 1:28
  5. 5 INVOCATION BY EL PASO POLICE SENIOR CHAPLAIN DAVID MAYFIELD ▶ jump to 2:07
  6. 6 PLEDGE OF ALLEGIANCE ▶ jump to 5:45
  7. 7 MAYOR’S PROCLAMATIONS ▶ jump to 6:17
  8. 8 Crime Stoppers Month Dr. Martin Luther King, Jr. Day El Paso Police Department K-9 Unit Day
  9. 9 RECOGNITIONS BY MAYOR
  10. 10 Mayor’s Distinguished Award Bruce Reichman ▶ jump to 21:41
  11. 11 NOTICE TO THE PUBLIC
  12. 12 CONSENT AGENDA - APPROVAL OF MINUTES: Approve Pass ▶ jump to 28:35
  13. 13 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  14. 1. Approval of the Minutes of the Regular City Council Meetings of December 5, 2023 and December 12, 2023, and the Special City Council Meeting of December 18, 2023. ▶ jump to 28:45
  15. 15 CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
  16. 2. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS ▶ jump to 28:45
  17. 17 CONSENT AGENDA - RESOLUTIONS:
  18. 18 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
  19. 3. A Resolution authorizing the City Manager to sign a Chapter 380 Economic Development Program Agreement (“Agreement”) by and between CITY OF EL PASO (“City”) and PEDRO MORALES & FRANCISCA MORALES (“Applicant”) in support of an infill development project located at 7833 Mount Latona Dr., El Paso, Texas 79904. The Agreement requires the Applicant to make a minimum investment of $90,000.00. Over the term of the Agreement, the City shall provide economic incentives not to exceed $5,211.94 in the form of a Real Property Tax Rebate, a Construction Materials Sales Tax Rebate, and a Building Construction Fee Rebate. ▶ jump to 28:45
  20. 4. A Resolution that the City Manager or designee, be authorized to sign an Agreement for Professional Services by and between the City of El Paso and Kronberg Wall Architects LLC for a project known as “Title 18 - Building Code Amendments”, for an amount not to exceed two hundred forty thousand, five hundred and no/100 dollars ($240,500.00); and that the City Engineer without further authorization from the City Council and in a form approved by the City Attorney, increase the total payment identified for all basic services and reimbursable performed pursuant to this Agreement in the amount not to exceed fifty thousand ($50,000.00) if such services are necessary for the proper execution of the Project and the increased amounts are within the appropriate budget identified for the identified Project. In addition, the City Manager, or designee, is authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of the agreement for Professional Services. In addition, the City Manager, or designee, is authorized to increase the contract amount up to $50,000 and sign any amendments to the agreement. ▶ jump to 28:32
  21. 5. A Resolution that the City Manager, or designee, be authorized to sign a First Amendment to the Crosswinds Entertainment District Lease by and between the City of El Paso (“Lessor”) and Anzures & Son, LLC (“Lessee”) to delay the Rent Commencement an additional twelve (12) months and to provide credit for six (6) months of rent and credit for $3,265.79 for a single month’s rent as a result of $25,405.37 of In-Kind Services performed by Lessee. ▶ jump to 28:45
  22. 22 Goal 3: Promote the Visual Image of El Paso
  23. 6. That the Planning and Inspection Liens on the attachment posted with this agenda be approved. (See Attachment A) ▶ jump to 28:45
  24. 24 Goal 4: Enhance El Paso’s Quality of Life through Recreational, Cultural and Educational Environments
  25. 7. That the Mayor is hereby authorized to sign an Interlocal Agreement between the City of El Paso (the “City”) and the Ysleta Independent School District (the “District”), to set out to enhance the quantity and quality of recreational and athletic facility uses available to the residents of the City, at no cost to the City through the shared use of public indoor and outdoor athletic and recreational facilities, owned by each entity. In addition, the City Manager or designee is hereby authorized to execute any necessary documents to carry out the agreement. ▶ jump to 28:45
  26. 26 CONSENT AGENDA - SPECIAL RE-APPOINTMENTS:
  27. 27 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  28. 8. A Resolution that the City of El Paso re-appoint Jackie York as a regular appointee to the Central Appraisal District Board of Directors. ▶ jump to 28:45
  29. 9. A Resolution that the City of El Paso re-appoint Tanny Berg as a regular appointee to the Central Appraisal District Board of Directors. ▶ jump to 28:45
  30. 30 CONSENT AGENDA - BOARD RE-APPOINTMENTS:
  31. 31 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  32. 10. Representative Joe Molinar to the City of El Paso Employees Retirement Trust Board of Trustees by Mayor Oscar Leeser. ▶ jump to 28:45
  33. 11. Representative Art Fierro to the City of El Paso Employees Retirement Trust Board of Trustees by Mayor Oscar Leeser. ▶ jump to 28:45
  34. 34 CONSENT AGENDA - NOTICE FOR NOTATION:
  35. 35 Goal 5: Promote Transparent and Consistent Communication Amongst All Members of the Community
  36. 12. Accept the donation of $500 from Galileo Church in Fort Worth, Texas to go toward the production and distribution of gender-neutral bathroom signs through LGBTQIA+ organizations of El Paso, such as Mountain Star Pride and Stonewall Democrats of El Paso, and in doing so is in alignment with the City of El Paso's ordinance, Chapter 5.19, on gender-neutral signage for single-user restrooms, which goes into effect on January 1, 2024. ▶ jump to 28:45
  37. 37 REGULAR AGENDA - MEMBERS OF THE CITY COUNCIL
  38. 38 Goal 5: Promote Transparent and Consistent Communication Amongst All Members of the Community
  39. 13. Discussion and action to direct staff to review the position of the El Paso Civil Service Commission Recorder and return with recommendations. Approve Pass ▶ jump to 45:54
  40. 14. Presentation and discussion regarding the El Paso Water budget workshop - FY 2024-2025 Budget Overview; FY 2024-2025 Stormwater operating and Capital Improvement Budget; FY 2024-2025 Water, Wastewater and Reclaimed Water Operating and Capital Improvement Budget; Proposed Rules and Regulation Changes, including rate and fee adjustments. ▶ jump to 46:31
  41. 41 REGULAR AGENDA - OPERATIONAL FOCUS UPDATES
  42. 42 Goal 8: Nurture and Promote a Healthy, Sustainable Community
  43. 15. Climate and Sustainability Management Update. ▶ jump to 78:52
  44. 44 REGULAR AGENDA - OTHER BUSINESS, BIDS, CONTRACTS, PROCUREMENTS:
  45. 45 Goal 8: Nurture and Promote a Healthy, Sustainable Community
  46. 16. Discussion and action to authorize the City Manager to sign and enter into a subrecipient agreement with Workforce Solutions Borderplex to assist with the Climate Fellowship program and workforce development analysis as a key deliverable under the Environmental Protection Agency’s (EPA) Climate Pollution Reduction Grant (CPRG) Program. Approve Pass ▶ jump to 244:48
  47. 17. Discussion and action to approve a Resolution to authorize the City Manager to enter into a non-binding memorandum of understanding (MOU) with all members of the Leadership Steering Committee relating to the Environmental Protection Agency’s (EPA) Climate Pollution Reduction Grant (CPRG) program. Approve Pass ▶ jump to 245:21
  48. 18. The linkage to the Strategic Plan is subsection: 8.4 Reduce operational energy consumption. Award Summary: Discussion and action on the award of Solicitation 2023-0670R Climate Action Plan to AECOM Technical Services, Inc., for a four (4) year term for an estimated amount of $1,239,235.00. The contract will allow for the development of the city’s first formalized Climate Action Plan (CAP). Contract Variance: No contract variance, new contract Department: Community & Human Development Award to: AECOM Technical Services, Inc. City & State: Chicago, IL Initial Term: 4 Years Option Term: N/A Total Contract Time: 4 Years Annual Estimated Award: $309,808.75 Initial Term Estimated Award: $1,239,235.00 Option Term Estimated Award: N/A Total Estimated Award: $1,239,235.00 Accounts: 190 - 4825 - 29130 - 522270 - PCP23CLIMATEPLN 471 - 2465 - 71004 - 522150 - G7124CPRG Funding Sources: Community Progress Bond 2022 EPA-CPRG Grant District(s): ALL Contract Variance: No contract variance, new contract. This was a Request for Proposals Procurement - service contract. The Purchasing & Strategic Sourcing Department and the Community & Human Development departments recommend award as indicated to AECOM Technical Services, Inc. the highest ranked bidder/offeror(s) based on the evaluation factors established in the evaluation criteria for this procurement. Additionally, it is requested that the City Attorney's Office review and that the City Manager or designee be authorized to execute any related contract documents and agreements necessary to effectuate this award. Postponed Fail ▶ jump to 246:13
  49. 49 CALL TO THE PUBLIC – PUBLIC COMMENT: ▶ jump to 247:49
  50. 50 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: 941-073-775# 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
  51. 51 REGULAR AGENDA - FIRST READING OF ORDINANCES:
  52. 52 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.
  53. 53 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
  54. 19. 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] Approve Pass ▶ jump to 301:05
  55. 20. 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] ▶ jump to 301:10
  56. 21. An Ordinance authorizing the City Manager to sign a Purchase and Sale Agreement, a Deed and any other documents necessary to convey approximately 7.006 acres of land legally described as out of a portion of Tracts 3A and 5A, now known as Tracts 3A3 and 5A1, Block 7, Ysleta Grant, City of El Paso, El Paso County, Texas. ▶ jump to 301:10
  57. 22. An Ordinance authorizing the City Manager to sign a Purchase and Sale Agreement, a Deed and any other documents necessary to convey approximately 0.11 acres of land legally described as the North 40 feet of Lots 12 to 16, Map No. 3, Block 99, Bassett’s Addition, City of El Paso, El Paso County, Texas. ▶ jump to 301:10
  58. 23. An Ordinance authorizing the City Manager to sign a Purchase and Sale Agreement, a Deed and any other documents necessary to convey approximately 0.025 acres of land legally described as Lot 25, Block 3, Colonia Miramonte Addition Unit One, City of El Paso, El Paso County, Texas. ▶ jump to 301:10
  59. 59 Goal 3: Promote the Visual Image of El Paso
  60. 24. An Ordinance granting Special Permit No. PZST23-00013, to allow for an adult day care center on the property described as a portion of Block 52, Government Hill Addition, 4115 Trowbridge Drive, City of El Paso, El Paso County, Texas, pursuant to Section 20.04.260 of the El Paso City Code. The penalty being as provided in Chapter 20.24 of the El Paso City Code. The proposed special permit 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: 4115 Trowbridge Drive Applicant: Jireh Shiloh, LLC, PZST23-00013 ▶ jump to 301:10
  61. 61 REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS:
  62. 62 Goal 1: Create an Environment Conducive to Strong, Sustainable Economic Development
  63. 25. The linkage to the Strategic Plan is subsection: 1.4: Grow the core business of air transportation. Award Summary: Discussion and action of the award of Solicitation 2023-0424 Electric Cart Operator to Goodwill Industries of El Paso Inc. for an initial term of three (3) years for an estimated amount of $352,800.00. The award also includes a two (2) year option for an estimated amount of $235,200.00. The total contract time is for five (5) years for a total estimated amount of $588,000.00. This contract will provide courtesy passenger shuttle service for passengers with limited mobility, those traveling with small children or any passenger that may need assistance to and from their gate. Contract Variance: The difference based in comparison to the previous contract is as follows: An increase of $68,175.00 for the initial term, which represents a 23.95% due to additional hours added and an increase in the billable rate. Department: El Paso International Airport Award to: Goodwill Industries of El Paso Inc. City & State: El Paso, TX Item(s): All Initial Term: 3 Years Option Term: 2 Years Total Contract Time: 5 Years Annual Estimated Award: $117,600.00 Initial Term Estimated Award: $352,800.00 Option Term Estimated Award: $235,200.00 Total Estimated Award $588,000.00 Account(s) 562 - 3000 - 62070 - 522150 Funding Source(s): Airport Operating 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 Goodwill Industries of El Paso Inc. the sole highest ranked offeror 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. Approve Pass ▶ jump to 303:02
  64. 64 REGULAR AGENDA – EMERGENCY ORDINANCES:
  65. 65 Goal 2: Set the Standard for a Safe and Secure City
  66. 26. Discussion and action on an Emergency Ordinance extending Emergency Ordinance No. 019333 authorizing the City Manager to assign personnel and resources to assist in addressing the humanitarian and public safety crisis resulting from a mass migration through El Paso. Approve Pass ▶ jump to 307:58
  67. 27. Discussion and action on an Emergency Ordinance extending Emergency Ordinance No. 019485 due to a humanitarian, security, and economic crisis resulting from a mass migration through El Paso. ▶ jump to 303:46
  68. 68 REGULAR AGENDA - OTHER BUSINESS:
  69. 69 Goal 7: Enhance and Sustain El Paso’s Infrastructure Network
  70. 28. Discussion and action that the City Manager be authorized to sign a two year On-Call Agreement for Professional Services to perform mechanical & electrical services on a task order basis by and between the City of El Paso and each of the following two (2) consultants: 1. Bath Group, LLC 2. Cardina Consulting, LLC Each On-Call Agreement will be for an amount not to exceed Three Hundred Thousand and No/00 Dollars ($300,000.00), and each agreement will include authorization for the City Engineer to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and authorization for the City Engineer to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if the identified services are necessary for proper execution of identified project and if the increased amounts are within the appropriate budget identified for a project. In addition, the City Manager, or designee, is authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for execution of each On-Call Agreement. Approve Pass ▶ jump to 308:55
  71. 29. Discussion and action that the City Manager be authorized to sign a two-year On-Call Agreement for Professional Services to perform Municipal Solid Waste Engineering Services on a task basis by and between the City of El Paso and each of the following three (3) consultants: Burns & McDonnell Engineering Company, Inc., Parkhill, Smith & Cooper, Inc, and Stearns, Conrad and Schmidt Consulting Engineers, Inc. Each On Call Agreement will be for an amount not to exceed $400,000. Approve Pass ▶ jump to 309:57
  72. 72 EXECUTIVE SESSION ▶ jump to 310:42
  73. 73 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.
  74. 74 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
  75. 75 Goal 6: Set the Standard for Sound Governance and Fiscal Management
  76. 76 Discussion and action on the following:
  77. EX1. Kasco Ventures, Inc. v. City of El Paso; Cause No. 2021DCV1165. Matter No. 21-1003-1154 (551.071) Approve Pass ▶ jump to 314:00
  78. EX2. Status of Contractor’s Bankruptcy on City Contracts. HQ 23-578 (551.071) Approve Pass ▶ jump to 315:42
  79. EX3. Texas Legislative Special Session 88(4) Senate Bill 4 related to illegal entry or presence in this state (551.071). ▶ jump to 316:33
  80. 80 ADJOURN ▶ jump to 316:41
  81. 81 NOTICE TO THE PUBLIC:
  82. 82 Posted this 21st of December at 2:10 PM by Adrian Martinez.
  83. 83 Note ▶ jump to 0:03
  84. 84 Note ▶ jump to 0:04
  85. 85 Rollcall ▶ jump to 0:16
  86. 86 Note ▶ jump to 0:38
  87. 87 Note ▶ jump to 0:39
  88. 18. The linkage to the Strategic Plan is subsection: 8.4 Reduce operational energy consumption. Award Summary: Discussion and action on the award of Solicitation 2023-0670R Climate Action Plan to AECOM Technical Services, Inc., for a four (4) year term for an estimated amount of $1,239,235.00. The contract will allow for the development of the city’s first formalized Climate Action Plan (CAP). Contract Variance: No contract variance, new contract Department: Community & Human Development Award to: AECOM Technical Services, Inc. City & State: Chicago, IL Initial Term: 4 Years Option Term: N/A Total Contract Time: 4 Years Annual Estimated Award: $309,808.75 Initial Term Estimated Award: $1,239,235.00 Option Term Estimated Award: N/A Total Estimated Award: $1,239,235.00 Accounts: 190 - 4825 - 29130 - 522270 - PCP23CLIMATEPLN 471 - 2465 - 71004 - 522150 - G7124CPRG Funding Sources: Community Progress Bond 2022 EPA-CPRG Grant District(s): ALL Contract Variance: No contract variance, new contract. This was a Request for Proposals Procurement - service contract. The Purchasing & Strategic Sourcing Department and the Community & Human Development departments recommend award as indicated to AECOM Technical Services, Inc. the highest ranked bidder/offeror(s) based on the evaluation factors established in the evaluation criteria for this procurement. Additionally, it is requested that the City Attorney's Office review and that the City Manager or designee be authorized to execute any related contract documents and agreements necessary to effectuate this award. Approve Pass ▶ jump to 246:55