		City Council
Dee Margo		Peter Svarzbein, District 1
Mayor		Alexsandra Annello, District 2
		Cassandra Hernandez, District 3
		Sam Morgan, District 4
Tommy Gonzalez		Isabel Salcido, District 5
City Manager		Claudia L. Rodriguez, District 6
		Henry Rivera, District 7
		Cissy Lizarraga, District 8

MINUTES FOR REGULAR COUNCIL MEETING

August 4, 2020

9:00 AM

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Due to the temporary suspension of Open Meetings laws due to the COVID-19 emergency this meeting was conducted via telephonic and videoconference platforms.

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ROLL CALL

The City Council of the City Council met on the above time and date via videoconference. Meeting was called to order at 9:05 a.m. Mayor Dee Margo present and presiding and the following Council Members answered roll call: Peter Svarzbein, Alexsandra Annello, Cassandra Hernandez, Sam Morgan, Isabel Salcido, Claudia Rodriguez, Henry Rivera, and Cissy Lizarraga.

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NOTICE TO THE PUBLIC

Motion made by Mayor Pro Tempore Svarzbein, seconded by Representative Hernandez, and unanimously carried to APPROVE, AS REVISED, all matters listed under the Consent Agenda unless otherwise noted. (Items approved, postponed, or deleted pursuant to the vote on the Consent Agenda will be shown with an asterisk {*}.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

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CONSENT AGENDA - APPROVAL OF MINUTES:

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

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1.1.

*Motion made, seconded, and unanimously carried to APPROVE the Minutes of the Regular City Council Meeting of July 21, 2020, the Agenda Review Meeting of July 20, 2020, the Work Session of February 3, 2020 and the Work Session of March 2, 2020.

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CONSENT AGENDA - REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

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REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

NO ACTION was taken on this item.

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CONSENT AGENDA - RESOLUTIONS:

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

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3.1.

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign a License Agreement by and between the City of El Paso(“Licensor”) and SMG, a Pennsylvania General Partnership (“Licensee”) for temporary use of Hangar 7, more specifically, 6600 Airport Road El Paso, Texas, 79925 for the purpose of showing drive-in style movies to the public.

Ms. Cassandra Davison, Marketing and Customer Relations Coordinator for El Paso International Airport, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

Representatives Svarzbein, Annello, Rivera, and Lizarraga commented.

Mr. Tommy Gonzalez, City Manager, commented.

Mr. Bryan Crowe, General Manager for Destination El Paso, commented.

1^ST MOTION

*Motion made, seconded, and unanimously carried to MOVE the item to the Regular Agenda.

2^ND AND FINAL MOTION

Motion made by Mayor Pro Tempore Svarzbein, seconded by Representative Annello, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

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3.2.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager is authorized to sign a Lessor's Approval of Assignment of Ground Lease, by and between the City of El Paso ("Lessor"), PXP TEXAS, LLC, SOCAL TEXAS, LLC, and PEP TEXAS, LLC, as Tenants in Common ("Assignor"), and SEALY ZANE GREY STREET, L.L.C. ('"Assignee") for the following described property:

A portion of Lots 4, 5, 6, and 7, Block 2, Butterfield Industrial Park, Unit One, Replat “A”, an Addition to the City of El Paso, El Paso County, Texas, municipally known and numbered as #15 Zane Grey, El Paso, Texas.

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3.3.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager is authorized to sign a Lessor's Approval of Assignment of Ground Lease, by and between the City of El Paso ("Lessor•'), PXP TEXAS, LLC, SOCAL TEXAS, LLC, and PEP TEXAS, LLC, as Tenants in Common ("Assignor"), and SEALY LEIGH FISHER BL VD., L.L.C. ("Assignee") for the following described property:

A portion of Lot 5, Block 1, Butterfield Industrial Park, Unit One, Replat “A”, an Addition to the City of El Paso, El Paso County, Texas, municipally known and numbered as #7 Leigh Fisher Blvd., El Paso, Texas.

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

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4.1.

A M E N D E D R E S O L U T I O N

WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the Jurisdiction; and

WHEREAS, the City of El Paso (“City”) adopted a resolution to apply for and accept the Motor Vehicle Crime Prevention Authority (“MVCPA”) grant for FY2021 on June 9, 2020 attached at Exhibit “A” (“June Resolution”); and

WHEREAS, the MVCPA has requested that the City amend its first recital of the June Resolution; and

WHEREAS, the MVCPA requires approval by the governing body of the municipality; and

WHEREAS, the El Paso City Council finds that the MVCPA FY2021 grant program will assist the City to combat automobile burglary and theft; and

WHEREAS, the El Paso City Council agrees that in the event of loss or misuse of the MVCPA grant funds, the City of El Paso assures that the grant funds will be returned in full to MVCPA; and

WHEREAS, the MVCPA Board voted that FY2020 grants will be extended into FY2021, and FY2021 new requests for application will not be issued.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager, or designee, be authorized to submit an MVCPA FY2021 budget summary in the amount of $929,465.00 to extend the FY2020 grant into FY2021, and to alter, decline, modify, terminate and/or execute all necessary documents created to the extension.

That the City of El Paso agrees to provide a cash match in the amount of $378,420.00 and in-kind match of $1,692,350.00 of salaries and benefits for sworn officers and civilian positions.

That the El Paso Police Department Auto Theft Task Force Lieutenant or designee is designated as the Program Director

That the City of El Paso’s Chief Financial Officer, or designee, is designated as the Financial Officer for this grant.

Representative Alexsandra Annello commented.

The following City staff members commented:

1. Assistant Police Chief Patrick Maloney

2. Ms. Dionne Mack, Deputy City Manager for Public Safety

1^ST MOTION

*Motion made, seconded, and unanimously carried to MOVE the item to the Regular Agenda.

2^ND AND FINAL MOTION

Motion made by Representative Rivera, seconded by Representative Lizarraga, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

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

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5.1.

*R E S O L UT I O N

WHEREAS, Christian Keesee of the Brett Weston Archive desires to donate Fifty (50) photographs to the City of El Paso; and

WHEREAS, these photographs are significant to the City of El Paso and El Paso region; and

WHEREAS, the City of El Paso, El Paso Museum of Art Collections Care & Management Policy (“MACC&M”) was approved by City Council and the El Paso Museums and Cultural Affairs Advisory Board on July 26, 2017; and

WHEREAS, the El Paso Museum of Art is requesting an exception to Section IV (G) and Section XII (A) of the MACC&M.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the Director of the El Paso Museum of Art be authorized to accept, on behalf of the City of El Paso, the following gift identified further in Exhibit A.

1. Fifty (50) photographs offered by the Brett Weston Archive.

2. That the City Council waives the requirements contained in Section IV(G) and Section XII(A) of the MACC&M.

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5.2.

*R E S O L U T I O N

WHEREAS, the City of El Paso (the “City”) is eligible to apply for grants through the National Endowment of the Arts Our Town Grant Program for the Arts-based Bridges Program which is a collaborative project between the City of El Paso Museums and Cultural Affairs Department and the El Paso Community Foundation’s ArtStream project that will provide professional development training and residency opportunities for local artists to become teaching artists at multiple sites throughout the city; and

WHEREAS, the El Paso City Council seeks to apply for grant funding through the National Endowment of the Arts Our Town Grant Program in the amount of $100,000.00 including $103,046.00 in City matching funds; and

WHEREAS, the El Paso City Council designates the City Manager or his designee as the City’s authorized official.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

1. THAT, the El Paso City Council authorizes the submission to the National Endowment of the Arts Our Town Grant Program in the amount of $100,000 for the City of El Paso’s Art-based Bridges Program.

2. THAT, the City of El Paso shall provide $103,046.00 in matching funds for said grant;

3. THAT, the City Manager or designee is authorized to apply for, accept, reject, alter and/or terminate said grant; and

4. BE IT FURTHER RESOLVED THAT, the City Manager or designee is authorized to sign any related paperwork, including but not limited to, the actual grant contract, the authorization of budget transfers, and/or revisions to the operation plan, as well as any grant amendments, corrections or extensions of the grant agreement which increase, decrease or de-obligate program funds, provided that no additional City funds are required.

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5.3.

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager or his designee be authorized to sign a Fourteenth Amendment for SMG the Facilities Management and Tourism Agreement (“Agreement”) between the City of El Paso and SMG, to amend the term of the Management Agreement for an additional 8 months beginning on September 2, 2020 pursuant to the same terms and conditions.

Representative Annello commented.

Ms. Paula Salas, Purchasing Agent, commented.

1^ST MOTION

*Motion made, seconded, and unanimously carried to MOVE the item to the Regular Agenda.

2^ND AND FINAL MOTION

Motion made by Representative Lizarraga, seconded by Representative Annello, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Morgan

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

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6.1.

*R E S O L U T I O N

WHEREAS, pursuant to Section 31.11 (c) of the Texas Code an application for a refund must be made within three (3) years after the date of the payment or the taxpayer waives the right to the refund; and

WHEREAS, pursuant to Section 31.11 (c-1) the governing body of the taxing unit may extend the deadline for a single period not to exceed two years on a showing of good cause by the taxpayer; and

WHEREAS, taxpayer, Refugio Casarez (“Taxpayer”) applied for a refund with the tax assessor for their 2016 property taxes that were overpaid on January 9, 2017 in the amount of $34.87 for all taxing entities; and

WHEREAS, City Council may extend the deadline for the Taxpayer’s application for the overpayment of the 2016 taxes for a period not to exceed two years on a showing of good cause by the taxpayer; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

THAT the City finds that Refugio Casarez showed a good cause to extend the deadline to apply for a refund of the overpayment of the 2016 taxes and the tax refund in the amount of $34.87 is approved.

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

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7.1.

*R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manager be authorized to sign an Agreement for Professional Services by and between the CITY OF EL PASO and GRV Integrated engineering solutions, LLC, a Texas limited liability company, for a project known as “ARCHITECT AND ENGINEERING SERVICES FOR Citywide Bicycle Infrastructure” for an amount not to exceed THREE HUNDRED EIGHTY-EIGHT THOUSAND SIX HUNDRED TWENTY-SIX AND 33/100 DOLLARS ($388,626.33); that the City Engineer is authorized to approve additional Basic Services and Reimbursables for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) and to approve Additional Services for an amount not to exceed Fifty Thousand and No/100 Dollars ($50,000.00) if such services are necessary for the proper execution of the project and that the increased amounts are within the appropriate budgets of the project for a total amount of FOUR HUNDRED EIGHTY-EIGHT THOUSAND SIX HUNDRED TWENTY-SIX AND 33/100 DOLLARS ($4888,626.33); and that the City Manager be authorized to establish the funding sources and make any necessary budget transfers and execute any and all documents necessary for the execution of the Agreement.

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Goal 8: Nurture and Promote a Healthy, Sustainable Community

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8.1.

*R E S O L U T I O N

That the Mayor is authorized to sign an amendment to the Interlocal Agreement between the City of El Paso and the Housing Authority of the City of El Paso entered on October 15, 2019 such amendment to extend the construction completion date of the Downtown Center for Civic Empowerment to December 1, 2020.

Mr. Tom De Loye, citizen, commented.

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CONSENT AGENDA - BOARD APPOINTMENTS:

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

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9.1.

*Motion made, seconded, and unanimously carried to APPOINT Victor Barajas to the Bicycle Advisory Committee by Representative Alexsandra Annello, District 2.

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10.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

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10.1.

*Motion made, seconded, and unanimously carried to APPOINT Jerardo Navarro to the Retired and Senior Volunteer Program Advisory Council-RSVP by Representative Dr. Sam Morgan, District 4.

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CONSENT AGENDA - APPLICATIONS FOR TAX REFUNDS:

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11.

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

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11.1.

*Motion made, seconded, and unanimously carried to APPROVE the following tax refunds:

1. Arm Health Care, LLC, in the amount of $6,528.97, made an overpayment on January 31, 2020 of 2019 taxes. (Geo.#F60999900603800)

2. Arm Health Care, LLC, in the amount of $7,528.97, made an overpayment on January 31, 2020 of 2019 taxes. (Geo.#F60999900603800)

3. Arm Health Care, LLC, in the amount of $4,659.90, made an overpayment on January 31, 2020 of 2019 taxes. (Geo.#S38099900703800)

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CONSENT AGENDA - NOTICE FOR NOTATION:

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12.

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

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12.1.

*Motion made, seconded, and unanimously carried to ACCEPT the notation from City Representative Henry Rivera, District 7 disclosing bi-weekly donation of $105.00 to the El Pasoans Fighting Hunger Food Bank’s new Home Delivery Pilot Project, which will be donated by the Representative from his salary as a City Council member. The program is set to deliver emergency food boxes to vulnerable people who may be quarantined due to COVID-19 or who may be shut-in due to age or disability and have limited ability to get food on their own.

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CONSENT AGENDA - NOTICE OF CAMPAIGN CONTRIBUTIONS:

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13.

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

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13.1.

*Motion made, seconded, and unanimously carried to ACCEPT the notation pursuant to Section 2.92.110 of the City Code, receipt of the following campaign contributions by Mayor Margo: $2,500.00 from Maria Teran.

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13.2.

*Motion made, seconded, and unanimously carried to ACCEPT the notation pursuant to Section 2.92.110 of the City Code, receipt of the following campaign contributions by Representative Alexsandra Annello: Juliette Schwab $100, Gregory Schwab $100, Ray Granado $25, Ann Marie Nafziger $100, Jennifer Jolink $50, Eileen Lozano $25, Alejandro Lomeli $50, Phillip Kingston $50, Linnea Toney $100, Danielle Mallory $25, Al Davis $100, Maribel Banuelos $50, Elizabeth Leahy $100, George Stoltz $35, Kylie Augustin $238, James Taylor $25, Ashley Ryan $25, Judy Ackerman $300, Marliyn Guida $100.

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The Regular City Council meeting was RECESSED at 10:37 a.m. in order to convene the Mass Transit Department Board meeting.

The Regular City Council meeting was RECONVENED at 10:41 a.m.

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REGULAR AGENDA - OPERATIONAL FOCUS UPDATES:

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14.

Goal 5: Promote Transparent and Consistent Communication Among All Members of the Community

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14.1.

Presentation and discussion by the COVID-19 Response + Recovery Cross-Functional Team providing information on key activities, efforts and processes.

1. Overview (Tommy Gonzalez)

Mr. Tommy Gonzalez, City Manager, provided an overview of the presentation.

a) Update on Local Emergency Directives (Karla Nieman)

b) Update on Emergency Ordinances (Karla Nieman)

c) Update on City Attorney’s Office Support During COVID-19 Pandemic (Karla Nieman)

Ms. Karla Nieman, City Attorney, Ms. Ana Schumacher, Assistant City Attorney, and Mr. Evan Reed, Assistant City Attorney, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

2. Cross Functional Team Operations (Chief Mario D’Agostino)

Fire Chief Mario D’Agostino and Mr. Jorge Rodriguez, El Paso City/County Office of Emergency Management Director, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

3. Team Lead Reports:

1. Health Focus (Hector Ocaranza, M.D.)

2. Financial Focus (Robert Cortinas)

3. Testing Recap and Update (Tracey Jerome)

4. Contact Tracing (Angela Mora)

5. Planning (Facilities) (Sam Rodriguez)

6. Community Vulnerabilities and Human Services (Nicole Ferrini)

7. Education + Communication + Compliance (Dionne Mack, Jessica Herrera, Ellen Smyth)

8. Economic Recovery (Jessica Herrera)

9. Operations Focus (Cary Westin)

The following City staff members presented PowerPoint presentations (copies on file in the City Clerk’s Office).

Dr. Hector Ocaranza, City of El Paso Health Authority
Ms. Laura Cruz-Acosta, Strategic Communications Director
Mr. Robert Cortinas, Chief Financial Officer
Ms. Tracey Jerome, Deputy City Manager for Quality of Life
Ms. Angela Mora, Public Health Interim Director
Mr. Sam Rodriguez, Chief Operations and Transportation Officer
Ms. Nicole Ferrini, Community and Human Development Director

The following non-profit representatives participated on Ms. Ferrini’s presentation:

Mr. Ben Miranda, Endeavors Director of Operational Impact
Mr. Justin Rotti, Endeavors Outreach Specialist
Mr. John Martin, Opportunity Center Deputy Director

Mr. Richard Bristol, Streets and Maintenance Director
Mr. Joel McKnight, Streets and Maintenance Assistant Director
Ms. Claudia Lujan, Human Resources Interim Director
Mr. Alex Hoffman, Capital Improvement Deputy Director
Ms. Dionne Mack, Deputy City Manager for Public Safety
Ms. Ellen Smyth, Sun Metro and Environmental Services Director
Ms. Elizabeth Triggs, Economic and International Development Assistant Director
Mr. Cary Westin, Senior Deputy City Manager of Economic Development and Tourism

The following members of the public commented:

Ms. Cindy Ramos-Davidson, CEO for the El Paso Hispanic Chamber of Commerce
Ms. Kristin Lovelady
Ms. Ana Rivera
Ms. Marybeth Stevens, President of the Better Business Bureau, Paso del Norte
Statement from Mr. Eric Diaz was read into the record.

Representatives Svarzbein, Annello, Hernandez, Rodriguez, and Lizarraga commented.

*Motion made, seconded, and unanimously carried to MOVE item to the Forefront of the Agenda.

NO ACTION was taken on this item.

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14.2.

Community Outreach for Capital Improvement Projects.

Ms. Laura Cruz-Acosta, Strategic Communications Director, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

Representative Svarzbein commented.

NO ACTION was taken on this item.

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15.

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

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15.1.

Presentation and submission of the No-New Revenue Tax Rate and Voter-Approval Tax Rate for FY 2020-2021 taxes and Budget Update on Community Engagement.

Mr. Robert Cortinas, Chief Financial Officer, and Ms. Nicole Cote, Office of Management and Budget Director, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

Representative Annello commented.

NO ACTION was taken on this item.

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CALL TO THE PUBLIC – PUBLIC COMMENT

The following members of the public commented:

Mr. Jose Gaston Barriga
Ms. Patricia Robinson

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REGULAR AGENDA - FIRST READING OF ORDINANCES

Motion made by Mayor Pro Tempore Svarzbein, seconded by Representative Annello, and unanimously carried that the following Ordinances, having been introduced pursuant to Section 3.9 of the El Paso City Charter, be ADVERTISED for public hearing:

AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Morgan

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16.

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

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16.1.

An Ordinance amending Title 14 (Aircrafts and Airports), Chapter 14.24 (Commercial Air Carriers Rates and Charges), Section 14.24.100 (Loading Bridge Charge), and Section 14.24.120 (Other Charges and Fees) of the El Paso City Code to update fees charged for uses at the El Paso International Airport.

PUBLIC HEARING WILL BE HELD ON AUGUST 18, 2020

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17.

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

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17.1.

An Ordinance of the City of El Paso continuing and ratifying Title 10 (Public Peace, Morals, and Welfare), Sections 10.20.010 (Curfew Definitions); 10.20.020 (Curfew-Offenses); 10.20.030 (Curfew-Defenses); 10.20.040 (Curfew-Enforcement); 10.20.050 (Curfew-Violation-Penalty); 10.20.052 (Curfew-Construction) and 10.20.054 (Curfew-Review-Of-Ordinance). The penalty being as provided in Section 10.20.050 of the El Paso City Code.

Mayor Margo and Representatives Svarzbein, Annello, Rivera, and Lizarraga commented.

The following City staff members commented:

Ms. Dionne Mack, Deputy City Manager for Public Safety
Mr. Russell Abeln, Assistant City Attorney
Mr. Robert Cortinas, Chief Financial Officer
Ms. Karla Nieman, City Attorney
Assistant Police Chief Patrick Maloney

PUBLIC HEARING WILL BE HELD ON AUGUST 18, 2020

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18.

Goal 3: Promote the Visual Image of El Paso:

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18.1.

An Ordinance changing the zoning of the property described as Lots 29, 30, 31, and 32, Block 94, East El Paso Addition, 3100 and 3106 Montana Avenue, City of El Paso, El Paso County, Texas from A-2 (Apartment) and A-O (Apartment/Office) to S-D (Special Development), Pursuant to Section 20.04.360, and approving a Detailed Site Development Plan pursuant to Section 20.04.150 and 20.10.360 of the El Paso City Code to allow for a professional office as permitted in the S-D (Special Development) zone district. 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: 3100 and 3106 Montana Avenue. Applicant: Montana 3106, LLC. PZRZ20-00002

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 1, 2020

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18.2.

An Ordinance granting Special Permit No. PZST20-00002, to allow for a governmental use on the property described as Lot 1 and a portion of Lot 2, Block 103, Tierra Del Este #22 (12781 Edgemere Boulevard), City of El Paso, El Paso County, Texas, pursuant to section 20.04.320 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 and 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: 12781 Edgemere Boulevard. Owner: City of El Paso PZST20-00002.

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 1, 2020

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18.3.

An Ordinance changing the zoning of a portion of Tract 5C, 6C, and 7C, and all of Tract 8B, Block 55, Ysleta Grant, 9050 Escobar Drive, City of El Paso, El Paso County, Texas from A-M (Apartment/Mobile Home) and C-4 (Commercial) to R-3 (Residential). 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: 9050 Escobar Drive. Applicant: IDEA Public Schools PZRZ20-00007

PUBLIC HEARING WILL BE HELD ON SEPTEMBER 1, 2020

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19.

Goal 8: Nurture and Promote a Healthy, Sustainable Community:

………………………………………………………………………………………………………………

19.1.

An Ordinance amending Title 7 (Animals) of the El Paso City Code, Chapter 7.04 (Definitions and Administration), Section 7.04.010 (Definitions); Title 7 (Animals), Chapter 7.04 (Definitions and Administration), Section 7.04.060 (Zoonotic Disease Reporting Required); Title 7 (Animals), Chapter 7.04 (Definitions and Administration), Section 7.04.070 (Veterinary Care of City-Owned Animals); Title 7 (Animals), Chapter 7.04 (Definitions and Administration), Section 7.04.080 (Violation-Penalty); Title 7 (Animals), Chapter 7.08 (Animals Generally), Section 7.08.020 (Abandonment-Reporting Violations); Title 7 (Animals), Chapter 7.08 (Animals Generally), Section 7.08.040 (Confinement of Certain Animals), Paragraph A; Title 7 (Animals), Chapter 7.08 (Animals Generally), Section 7.08.060 (City-Owned Animals); Title 7 (Animals), Chapter 7.08 (Animals Generally), Section 7.08.070 (Use Of Strychnine And Other Poisons Prohibited); Title 7 (Animals), Chapter 7.08 (Animals Generally), Section 7.08.080 (Animal Regulation And Disease Control Department Services-Fees); Title 7 (Animals), Chapter 7.14 (Animal Sales, Breeding and Shows), Section 7.14.010 (Permits Required), Subsection A; Title 7 (Animals), Chapter 7.15 (Added), Sections 7.15.010-7.15.190 (Added) To Adopt Rules for Grooming Services; The penalty being as provided in Section 7.04.080 of the El Paso City Code.

PUBLIC HEARING WILL BE HELD ON AUGUST 18, 2020

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REGULAR AGENDA – OTHER BIDS, CONTRACTS, PROCUREMENTS

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20.

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

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20.1.

Motion made by Alternate Mayor Pro Tempore Lizarraga, seconded by Representative Rivera, and unanimously carried to AWARD Solicitation 2020-1029 Ammunition (Re-Bid) to GT Distributors, Inc., for an initial three (3) year estimated award of $1,800,000.00. The award is to include a two (2) year option to extend for an estimated amount of $1,200,000.00 for a total five (5) year estimated award of $3,000,000.00. This contract will provide ammunition and munition to the El Paso Police Department based on needs.

Contract Variance:

The difference in cost, based on the comparison from previous contract is as follows: an increase of $300,000.00 for the initial term, which represents a 20% increase, due to additional ammunition and munition under this contract.

Department: Police

Award to: GT Distributors, Inc.

Austin, TX

Items: All

Initial Term: 3 years

Option: 2 years

Annual Estimated Award: $ 600,000.00

Initial Term Estimated Award: $1,800,000.00 (3 years)

Option Total: $1,200,000.00 (2 years)

Total Estimated Award: $3,000,000.00 (5 years)

Account No.: 321-531090-1000-21020

Funding Source: General Funds

Districts: All

This is a low bid, unit price contract.

The Purchasing & Strategic Sourcing and Police Departments recommend award as indicated to GT Distributors, Inc., the lowest, responsive and responsible bidder.

In accordance with this award, the City Manager or designee is authorized to exercise future options if needed.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

………………………………………………………………………………………………………………

20.2.

Motion made by Mayor Pro Tempore Svarzbein, seconded by Representative Lizarraga, and unanimously carried to AWARD Solicitation No. 2020-658 Security Guard Services – Zoo to Oklahoma Investigative Group, Inc. dba TriCorps Security, for a total three (3) year term for an estimated award of $1,257,660.00.

Contract Variance:

The difference in cost, based on the comparison from previous contract is as follows: The hourly bill rate increased from $10.89 to $15.60 for Unarmed Security Guards, which represents a 43% hourly rate increase. A total increase for the initial term of $456,787.62 due to the hourly rate increase and additional hours.

Department: Zoo

Award to: Oklahoma Investigative Group, Inc. dba TriCorps Security

Oklahoma, OK

Item(s): All

Initial Term: 3 years

Annual Estimated Award: $419,220.00

Total Estimated Award: $1,257,660.00

Account No.: 452-3400-52130-522120-P5234

Funding Source: Zoo Operations Fund

District(s): All

This is a Best Value, service contract.

The Purchasing & Strategic Sourcing and Zoo Department recommend award as indicated to Oklahoma Investigative Group, Inc. dba TriCorps Security, the bidder offering the best value bid.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

…………………………………………………………………………………………………….

INTRODUCTION AND PUBLIC HEARING:

……………………………………………………………………………………………………..

21.

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

………………………………………………………………………………………………………………

21.1.

ORDINANCE 019076

The City Clerk read an Ordinance entitled: AN ORDINANCE AUTHORIZING THE ISSUANCE OF “CITY OF EL PASO, TEXAS, WATER AND SEWER REVENUE REFUNDING BONDS, SERIES 2020” AND “CITY OF EL PASO, TEXAS, WATER AND SEWER REVENUE REFUNDING BONDS, TAXABLE SERIES 2020A” TO REFUND CERTAIN PREVIOUSLY ISSUED OBLIGATIONS OF THE CITY; AND RESOLVING MATTERS WHICH ARE NECESSARY TO EFFECT SUCH ISSUANCE, INCLUDING THE DELEGATION OF MATTERS RELATING TO THE SALE AND ISSUANCE OF THE BONDS TO AN AUTHORIZED CITY OFFICER OR EMPLOYEE WITHIN CERTAIN SPECIFIED PARAMETERS.

Motion duly made by Representative Rivera, seconded by Representative Svarzbein, and carried that the Ordinance be ADOPTED.

Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED.

…………………………………………………………………………………………………….

REGULAR AGENDA – PUBLIC HEARINGS AND SECOND READING OF ORDINANCES

……………………………………………………………………………………………………..

22.

Goal 3: Promote the Visual Image of El Paso

………………………………………………………………………………………………………………

22.1.

ORDINANCE 019077

The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING TITLE 13 (STREETS, SIDEWALKS AND PUBLIC PLACES), CHAPTER 13.04 (STREET AND SIDEWALK CONSTRUCTION AND MAINTENANCE), SECTION 13.04.015 (SIDEWALK PERMITS AND FEES), SUBSECTION D; TITLE 13 (STREETS, SIDEWALKS AND PUBLIC PLACES), CHAPTER 13.36 (PARADES AND PUBLIC ASSEMBLIES), SECTION 13.36.030 (PERMIT APPLICATION), SUBSECTION C (APPLICATION FORM), SUB-SUBSECTION 4; AND TITLE 13 (STREETS, SIDEWALKS AND PUBLIC PLACES), CHAPTER 13.36 (PARADES AND PUBLIC ASSEMBLIES), SECTION 13.36.030 (PERMIT APPLICATION), SUBSECTION C (APPLICATION FORM), SUB-SUBSECTION 6, TO CLARIFY THAT FEES SHALL BE IN THE AMOUNTS ESTABLISHED IN THE ANNUAL BUDGET RESOLUTION ADOPTED BY CITY COUNCIL.

Representative Lizarraga commented.

Motion duly made by Representative Rivera, seconded by Representative Lizarraga, and carried that the Ordinance be ADOPTED.

Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED.

………………………………………………………………………………………………………………

22.2.

ORDINANCE 019078

The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING TITLE 19 (SUBDIVISION AND DEVELOPMENT PLATS) TO ADD A NEW ARTICLE 7 (FEES) TO CLARIFY THE FEES APPLICABLE TO ALL SERVICES PROVIDED UNDER TITLE 19.

Motion duly made by Representative Rivera, seconded by Representative Morgan, and carried that the Ordinance be ADOPTED.

Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED.

………………………………………………………………………………………………………………

22.3.

ORDINANCE 019079

The City Clerk read an Ordinance entitled: AN ORDINANCE AMENDING TITLE 18 (BUILDING AND CONSTRUCTION), CHAPTER 18.02 (BUILDING AND CONSTRUCTION ADMINISTRATIVE CODE), SECTION 18.02.106 (PERMIT FEES), SUBSECTION 18.02.106.12 (PLAN REVIEW OPTIONS AVAILABLE TO THE APPLICANT); AND TITLE 18 (BUILDING AND CONSTRUCTION), CHAPTER 18.60 (FLOOD DAMAGE PREVENTION), ARTICLE IV (ADMINISTRATION), SECTION 18.60.180 (DEVELOPMENT PERMIT PROCEDURES) TO CLARIFY THAT FEES SHALL BE IN THE AMOUNTS ESTABLISHED IN THE ANNUAL BUDGET RESOLUTION ADOPTED BY CITY COUNCIL AND TO ESTABLISH NEW PROCEDURES FOR EXPEDITED REVIEW.

Motion duly made by Representative Rivera, seconded by Representative Annello, and carried that the Ordinance be ADOPTED.

Whereupon the Mayor ordered that a vote be taken on the passage and adoption of the Ordinance which when so done resulted as follows:

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

Whereupon the Mayor ordered that, the vote having been cast in favor of the Ordinance, the same be and the same is hereby ADOPTED.

……………………………………………………………………………………………………..

23.

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

………………………………………………………………………………………………………………

23.1.

ITEMS 23.1 AND 23.2 WERE TAKEN TOGETHER

ORDINANCE 019080

An Emergency Ordinance re-enacting Emergency Ordinance No. 019035 Extending a Disaster Declaration due to a Public Health Emergency.

Motion made by Mayor Pro Tempore Svarzbein, seconded by Representative Hernandez, and unanimously carried to ADOPT the Ordinance.

23.2.

ORDINANCE 019081

An Emergency Ordinance re-enacting Emergency Ordinance No. 019036 as amended and re-enacted by Emergency Ordinance No. 019062, and as further re-enacted and amended by Emergency Ordinance No. 019068; penalty as provided in Section 8.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

MAYOR MARGO CONSENTED TO THE ADOPTION OF THE ORDINANCES

…………………………………………………………………………………………………….

REGULAR AGENDA - OTHER BUSINESS

……………………………………………………………………………………………………..

24.

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

………………………………………………………………………………………………………………

24.1.

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO, TEXAS:

That the City Manager be authorized to sign a Tax Increment Reinvestment Zone Reimbursement Agreement between the City of El Paso (the “City”), a Texas home-rule municipal corporation, and Mills Plaza Properties II (the “Developer”), a Texas limited partnership to reimburse the Developer for the construction, installation and implementation of certain streetscape improvements associated with phase one of the Pioneer Plaza and Promenades Capital Improvement Project which are completely contained within the public right-of-way and generally located on South El Paso Street and West Mills Avenue between San Antonio Avenue and North Oregon Street (“Project”). Said reimbursement is limited to eligible Project Costs incurred by the Developer in connection with the Project, as approved by the City Engineer, and shall not exceed $576,000.00.

Motion made by Alternate Mayor Pro Tempore Lizarraga, seconded by Representative Rivera, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

NOT PRESENT FOR THE VOTE: Representative Annello

……………………………………………………………………………………………………..

25.

Goal 8: Nurture and Promote a Healthy, Sustainable Community

………………………………………………………………………………………………………………

25.1.

Presentation and discussion to introduce policies and procedures for planning and implementation of the Program Year 2021-2022 Community Development Block Grant (CDBG) Program, Emergency Solutions Grant (ESG) Program, Housing Opportunities for Persons with AIDS (HOPWA) Program, and HOME Investment Partnerships (HOME) Program. Funding under these grants becomes available September 1, 2021.

Ms. Nicole Ferrini, Community and Human Development Director, presented a PowerPoint presentation (copy on file in the City Clerk’s Office)

Representative Svarzbein commented.

NO ACTION was taken on this item.

……………………………………………………………………………………………………..

26.

MAYOR AND COUNCIL

………………………………………………………………………………………………………………

26.1.

ITEMS 26.1. THROUGH 26.3. WERE TAKEN TOGETHER

R E S O L U T I O N

WHEREAS, in accordance with Section 370.251 of the Texas Transportation Code and the City of El Paso’s Petition and Request for Authorization to Form the Camino Real Regional Mobility Authority, as approved by the Texas Transportation Commission, the terms for three (3) Camino Real Regional Mobility Authority (CRRMA) Board positions expire on February 1^st of each year;

WHEREAS, in the event of a vacancy, reappointment, or replacement, Board member nominations shall be solicited by the Mayor from City Council by written notice for a period of not less than two (2) weeks, and upon completion of this two week period, the Mayor shall review all received recommendations and those identified by the Mayor as well;

WHEREAS, the Mayor shall then make one (1) nomination for each position via presentation to the City Council at a City Council meeting and Council shall appoint a member for each open position by majority vote evidenced by City Council Resolution; and

WHEREAS, on June 30, 2020, the Mayor notified City Council in writing of the intent to appoint a Board member for position 1 and also provided an opportunity for Council members to provide recommendations for nominations by July 14, 2020;

WHEREAS, the Mayor now nominates a candidate for appointment for CRRMA Board position 1 in accordance with the appointment process outlined herein and presents the nominations at a City Council meeting on August 4, 2020; and

WHEREAS, the City now desires to make an appointment for CRRMA Board position 1, in accordance with the appointment process outlined herein.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City of El Paso hereby appoints to the Camino Real Regional Mobility Authority Board Patrick Byrne for position 1 which shall take effect August 4, 2020 and whose terms will expire on February 1, 2022.

26.2.

R E S O L U T I O N

WHEREAS, on June 30, 2020, the Mayor notified City Council in writing of the intent to appoint a Board member for position 3 and also provided an opportunity for Council members to provide recommendations for nominations by July 14, 2020;

WHEREAS, the Mayor now nominates a candidate for appointment for CRRMA Board position 3 in accordance with the appointment process outlined herein and presents the nominations at a City Council meeting on August 4, 2020; and

WHEREAS, the City now desires to make an appointment for CRRMA Board position 3, in accordance with the appointment process outlined herein.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City of El Paso hereby appoints to the Camino Real Regional Mobility Authority Board Nick Lamantia for position 3 which shall take effect August 4, 2020 and whose terms will expire on February 1, 2022.

26.3.

R E S O L U T I O N

WHEREAS, on June 30, 2020, the Mayor notified City Council in writing of the intent to appoint a Board member for position 5 and also provided an opportunity for Council members to provide recommendations for nominations by July 14, 2020;

WHEREAS, the Mayor now nominates a candidate for appointment for CRRMA Board position 5 in accordance with the appointment process outlined herein and presents the nominations at a City Council meeting on August 4, 2020; and

WHEREAS, the City now desires to make an appointment for CRRMA Board position 5, in accordance with the appointment process outlined herein.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City of El Paso hereby appoints to the Camino Real Regional Mobility Authority Board Marco Zaragoza for position 5 which shall take effect August 4, 2020 and whose terms will expire on February 1, 2022.

Motion made by Representative Salcido, seconded by Representative Lizarraga, and unanimously carried to APPROVE the Resolutions.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

………………………………………………………………………………………………………………

26.4.

ITEMS 26.4. AND 26.5. WERE TAKEN TOGETHER

R E S O L U T I O N

WHEREAS, the Mayor of the City El Paso (“City”) recently declared El Paso a disaster area in need of immediate assistance due to the COVID-19 pandemic; and

WHEREAS, on March 17, 2020 City Council Issued an Emergency Ordinance Instituting Emergency Measures Due to a Public Health Emergency (“Emergency Ordinance”); and

WHEREAS, some local businesses have been ordered to cease operations due to national and local regulations related to the COVID-19 pandemic, causing a large number of lay-offs, economic strain, and the immediate need for food supplies for some residents; and

WHEREAS, the effects of the COVID-19 pandemic requires immediate action from the City to relieve the emergency necessity of the municipality’s residents and to protect the health and safety of the community; and

WHEREAS, the City Council Representative for District 5 desires to allocate a total of $13,500.00 from District 5’s discretionary funds towards funding essential food services programs assisting the vulnerable populations of the City of El Paso affected by COVID-19; and

WHEREAS, the City Council finds that the allocation of the discretionary funds from District 5 serves a municipal purpose by providing essential services needed to address the effects of COVID-19 on the vulnerable population of the City of El Paso.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

THAT, the City Council declares that the expenditure of the discretionary funds from City Council District 5 Representative in the amount not to exceed $13,500.00, to provide funding to El Pasoans Fighting Hunger Food Bank to continue the City’s efforts to fight the effects of COVID-19 on the vulnerable populations of the City of El Paso, serves the municipal purpose of providing for the health and safety of the community in response to COVID-19 and ensuring that vulnerable populations within the City of El Paso continue to receive essential services.

THAT, the City Manager, or designee, be authorized to effectuate any budget transfers and execute any contracts and/or related documents necessary to ensure that the funds are properly expended for such purpose.

26.5.

R E S O L U T I O N

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EL PASO:

That the City Manger be authorized to accept on behalf of District 5 a restricted donation from Edwards Homes ($2,500), Omega Electrical ($2,500), Bravo Cadillac ($1,000), and Texas Consumer Credit ($500) consisting of food boxes and to authorize District 5 City Representative to distribute such food boxes in District 5 to persons in need of essential food services in accordance to the requirements of the donors.

Further, that the City Manager be authorized to execute any donation of goods acceptance form and/or donation agreement as approved by the City Attorney’s Office as to form.

Further, that the City finds that the distribution of the food boxes to residents in need of essential food services serves the municipal purposes of providing emergency services to the community in response to the COVID-19 pandemic.

Motion made by Representative Salcido, seconded by Representative Morgan, and unanimously carried to APPROVE the Resolutions.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

………………………………………………………………………………………………………………

26.6.

A Resolution in Support of an

Independent Citizen Redistricting Commission and

Redistricting Reform for Texas

WHEREAS every ten years, in years ending in zero, the U.S. Census Bureau conducts a census to determine the number of people living in the United States; and,

WHEREAS, after each census, state officials redraw the boundaries of the congressional and state legislative districts in their states; and,

WHEREAS, the Texas Legislature will commence to redraw those boundaries once the census figures are provided to the State;

WHEREAS, the citizens of El Paso and the State of Texas deserve a fair, fully transparent, impartial, and depoliticized process for the drawing of state legislative and congressional districts of near equal population; and

WHEREAS, the redistricting process should be conducted in an open manner and include public hearings, set timelines, and access to redistricting tools and proposed plans, so that our communities have real opportunities for public dialogue and feedback; and

WHEREAS, public input and involvement in the redistricting process will empower our communities by allowing them to elect representatives who represent their interests on issues that are important to their lives; and

WHEREAS, the boundaries of state and congressional districts are currently drawn by legislative incumbents with a simple majority vote, often sacrificing the integrity of communities, neighborhoods and cities; and

WHEREAS, important principles, such as the protections of the federal Voting Rights Act and respect for neighborhoods, towns and cities should be clearly listed for any redistricting process so that our communities are kept together; and

WHEREAS, voters are more likely to participate when they feel their vote will count and that they have a reasonable chance of electing candidates who represent their interests; and

WHEREAS, elected officials are more responsive to constituents when voters have a choice of candidates, thus increasing accountability and serving the best interests of the voters of Texas; and

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of El Paso County does hereby support legislative efforts to establish a citizen-led commission composed of Texas voters who are representative of the state’s diversity, partisan balance and geography, for all future redistricting. This Independent Commission will oversee the process to draw the lines of the state Senate, state House of Representatives and Congressional districts.

BE IT FURTHER RESOLVED that we call upon all those elected officials and party leaders in the State of Texas who represent the citizens of El Paso to publicly announce their support of and commitment to work towards passage of such legislative efforts and that a copy of this Resolution be delivered to each of them:

Governor Greg Abbott

Lieutenant Governor Dan Patrick

Attorney General Ken Paxton

Secretary of State Ruth R. Hughs

United States Senator John Cornyn

United States Senator Ted Cruz

United States Representative Will Hurd

United States Representative Veronica Escobar

Texas State Senator José Rodriguez

Texas State Representative Mary E. González

Texas State Representative César Blanco

Texas State Representative Evelina “Lina” Ortega

Texas State Representative Joe Moody

Texas State Representative Art Fierro

Gilberto Hinojosa, Chairman, Democratic Party of Texas

James Dickey, Chairman, Republican Party of Texas

The following members of the public commented:

Ms. Judy Ackerman
Ms. Marilyn Guida

Motion made by Representative Morgan, seconded by Representative Svarzbein, and unanimously carried to APPROVE the Resolution.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

………………………………………………………………………………………………………………

26.7.

Discussion and action to direct the City Manager to activate City library curbside services only as planned for the phase 1 re-opening strategy.

Representatives Svarzbein and Rivera commented.

Ms. Tracey Jerome, Deputy City Manager for Quality of Life, commented.

The following members of the public commented:

Ms. Vona Van Cleef
Ms. Marilyn Guida

NO ACTION was taken on this item.

………………………………………………………………………………………………………………

26.8.

Staff update on COVID-19 testing supplies in the El Paso region, including all engagement and outreach with New Mexico and the private sector.

Mayor Margo and Representative Svarzbein commented.

NO ACTION was taken on this item.

………………………………………………………………………………………………………………

26.9.

ITEMS 26.9. THROUGH 26.13. WERE TAKEN TOGETHER

Discussion and action to direct the City Manager to implement the COVID-19 United Taskforce recommendations concerning communication.

26.10.

Discussion and action to direct the City Manager to implement the COVID-19 United Taskforce recommendations concerning testing and contact tracing.

26.11.

Discussion and action to direct the City Manager to implement the COVID-19 United Taskforce recommendations concerning data.

26.12.

Discussion and action to direct the City Manager to initiate the creation of a joint City/ County data team for the COVID-19 response.

26.13.

Discussion and action to direct the City Manager to implement the COVID-19 United Taskforce recommendations concerning preparedness.

Mayor Margo and Representatives Svarzbein, Annello, Rodriguez, and Lizarraga commented.

The following City staff members commented:

Ms. Laura Cruz-Acosta, Strategic Communications Director
Ms. Dionne Mack, Deputy City Manager of Public Safety
Ms. Nicolle Ferrini, Community and Human Development Director
Mr. Tommy Gonzalez, City Manager

Ms. Marilyn Guida, citizen, commented.

1^ST MOTION

*Motion made, seconded, and unanimously carried to MOVE the items to the Forefront of the Agenda.

2^ND AND FINAL MOTION

Motion made by Mayor Pro Tempore Svarzbein, seconded by Representative Annello, and carried to POSTPONE the items for two weeks.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rivera, and Lizarraga

NAYS: None

ABSTAIN: Representative Rodriguez

………………………………………………………………………………………………………………

26.14.

Discussion and action to increase compliance enforcement of the City’s local emergency directive and as a matter of public record, disclose on epstrong.org, all citations that have been issued, including the names and locations of businesses and facilities that have been cited for non-compliance.

Mayor Margo and Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, and Rivera commented.

The following City staff members commented:

Ms. Karla Nieman, City Attorney
Mr. Tommy Gonzalez, City Manager
Ms. Laura Cruz-Acosta, Strategic Communications Director
Ms. Laura Prine, City Clerk
Ms. Ellen Smyth, Mass Transit and Environmental Services Director
Commander Humberto Talamantes, Organized Crime Division

Ms. Cindy Ramos Davidson, CEO for the El Paso Hispanic Chamber of Commerce, commented.

Motion made by Representative Hernandez, seconded by Representative Svarzbein, and carried to APPROVE increased compliance enforcement of the City’s local emergency directive in compliance with the Governor’s orders GA28 and GA29, and as a matter of public record, disclose on epstrong.org, all citations that have been issued, including the names and locations of businesses and facilities that have been cited for non-compliance.

AYES: Representatives Svarzbein, Annello, Hernandez, Rivera, and Lizarraga

NAYS: Representatives Morgan, Salcido, and Rodriguez

………………………………………………………………………………………………………………

26.15.

Discussion and presentation regarding the Department of Public Health practices based on public health industry standards on the release of statistical information and the confidentiality provisions of the Texas Health and Safety Code and the applicable exceptions for the release of records and reports of communicable diseases.

Ms. Roberta Brito, Assistant City Attorney, presented a PowerPoint presentation (copy on file in the City Clerk’s Office).

Mayor Margo and Representatives Svarzbein, Rodriguez, and Rivera commented.

Ms. Karla Nieman, City Attorney, commented.

*Motion made, seconded, and unanimously carried to MOVE the item to the Forefront of the Agenda.

NO ACTION was taken on this item.

………………………………………………………………………………………………………………

26.16.

Discussion and action to disclose to the public large clusters of positive COVID-19 cases as identified by the Public Health Department of all government facilities to include but not limited to: municipalities, correctional facilities, nursing homes, long-term care facilities, hospitals, libraries, court houses, airport, international bridges and construction sites.

Representatives Svarzbein, Annello, Hernandez, and Lizarraga commented.

The following City staff members:

Mr. Tommy Gonzalez, City Manager
Ms. Laura Cruz-Acosta, Strategic Communications Director
Ms. Karla Nieman, City Attorney
Ms. Angela Mora, Public Health Interim Director
Dr. Hector Ocaranza, City of El Paso Health Authority

1^ST MOTION

Motion made by Representative Lizarraga, seconded by Representative Rodriguez, and carried that the City Council RETIRE into EXECUTIVE SESSION at 7:20 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 – 551.089 to discuss the item:

Section 551.071 CONSULTATION WITH ATTORNEY

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: Representative Annello

Members of City Council were present via video conference.

2^ND MOTION

Motion made by Representative Rivera, seconded by Representative Hernandez, and unanimously carried to ADJOURN the Executive Session at 8:55 p.m. and RECONVENE the meeting of the City Council, during which time a motion was made.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

3^RD AND FINAL MOTION

Motion made by Mayor Pro Tempore Svarzbein, seconded by Representative Hernandez, and carried to POSTPONE two weeks the item to disclose to the public large clusters of positive COVID-19 cases as identified by the Public Health Department of all government facilities to include but not limited to: municipalities, correctional facilities, nursing homes, long-term care facilities, hospitals, libraries, court houses, airport, international bridges and construction sites.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, and Rivera

NAYS: Representatives Rodriguez and Lizarraga

………………………………………………………………………………………………………………

26.17.

Discussion and action to direct the City Manager to direct the Public Health Department to trace and identify large clusters of COVID-19 positive cases within businesses and facilities and seek the consent of the identified business or facilities to disclose to the public their names and locations in accordance with Texas State Health and Safety Code, Title 2, Section 81.046.

Representative Lizarraga commented.

1^ST MOTION

Motion made by Representative Lizarraga, seconded by Representative Rodriguez, and carried that the City Council retire into EXECUTIVE SESSION at 7:20 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 – 551.089 to discuss the item:

Section 551.071 CONSULTATION WITH ATTORNEY

AYES: Representatives Svarzbein, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: Representative Annello

Members of City Council were present via video conference.

2^ND MOTION

Motion made by Representative Rivera, seconded by Representative Hernandez, and unanimously carried to adjourn the Executive Session at 8:55 p.m. and RECONVENE the meeting of the City Council, during which time a motion was made.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

3^RD AND FINAL MOTION

Motion made by Representative Hernandez, seconded by Representative Annello, to APPROVE the item.

AYES: Representatives Svarzbein, Annello, Hernandez, and Rivera

NAYS: Representatives Morgan, Salcido, Rodriguez, and Lizarraga

THE MOTION FAILED FOR LACK OF A MAJORITY VOTE

………………………………………………………………………………………………………………

26.18.

Discussion and action to encourage all business owners in the City of El Paso to self-disclose to the public if they experience a COVID-19 cluster at their place of business. Health officials define a “cluster” as the occurrence of two or more cases of COVID-19 in the same area at the same time.

Representatives Svarzbein, Annello, Rodriguez, Rivera, and Lizarraga commented.

The following City staff members commented:

Ms. Karla Nieman, City Attorney
Ms. Laura Cruz-Acosta, Strategic Communications Director
Ms. Jessica Herrera, Economic and International Development Director

1^ST MOTION

Motion made by Representative Rodriguez, seconded by Representative Morgan, and carried to DELETE the item.

AYES: Representatives Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: Representatives Svarzbein, Annello, and Hernandez

2^ND MOTION

Motion made by Representative Rivera, seconded by Mayor Pro Tempore Svarzbein, and carried to RECONSIDER the item.

AYES: Representatives Svarzbein, Annello, Hernandez, Salcido, and Rivera

NAYS: Representatives Morgan, Rodriguez, and Lizarraga

3^RD MOTION

Motion made by Representative Rodriguez, seconded by Representative Morgan, to DELETE the item.

AYES: Representatives Morgan, Salcido, Rodriguez, and Lizarraga

NAYS: Representatives Svarzbein, Annello, Hernandez, and Rivera

THE MOTION FAILED FOR LACK OF A MAJORITY VOTE

4^TH AND FINAL MOTION

Motion made by Representative Annello, seconded by Representative Hernandez, to APPROVE the item.

AYES: Representatives Svarzbein, Annello, Hernandez, and Rivera

NAYS: Representatives Morgan, Salcido, Rodriguez, and Lizarraga

THE MOTION FAILED FOR LACK OF A MAJORITY VOTE

………………………………………………………………………………………………………………

26.19.

Discussion and action to direct the City Manager to increase community education efforts in order to clarify Governor Abbott’s statewide face-covering mandate (GA-29) including the face covering exemptions.

Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, and Rodriguez commented.

The following City staff members commented:

Ms. Karla Nieman, City Attorney
Mr. Tommy Gonzalez, City Manager
Ms. Laura Cruz-Acosta, Strategic Communications Director

The following members of the public commented:

Mr. Blas Hermosillo
Mr. Christopher Yost
Mr. Patrick Hernandez Cigarruista

1^ST MOTION

Motion made by Representative Rivera, seconded by Representative Hernandez, and unanimously carried to SUSPEND THE RULES OR ORDER to allow speakers additional time.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

2^ND AND FINAL MOTION

Motion made by Representative Morgan, seconded by Representative Rivera, and unanimously carried to APPROVE the item directing City Manager to increase community education efforts in order to clarify Governor Abbott’s statewide face-covering mandate (GA-29) including the face covering exemptions.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

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26.20.

Discussion and action to direct the City Manager to provide Council an update on the Local Health Authority Order for all independent school districts and private schools in El Paso City/County for reopening on campus instruction.

*Motion made, seconded, and unanimously carried to POSTPONE the item for two weeks.

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26.21.

Discussion and action to direct the City Manager to accurately and clearly report the total number of residents in El Paso City/County tested, not including multiple tests administered to an individual in order to avoid skewed data.

Representatives Rivera and Lizarraga commented.

The following City staff members commented:

Ms. Laura Cruz-Acosta, Strategic Communications Director
Mr. Tommy Gonzalez, City Manager
Dr. Hector Ocaranza, City of El Paso Health Authority

NO ACTION was taken on this item.

………………………………………………………………………………………………………………

26.22.

Discussion and action on the ability to amend the local emergency ordinance regarding evictions.

Representatives Svarzbein, Annello, and Hernandez commented.

The following City staff members commented:

Ms. Karla Nieman, City Attorney
Ms. Laura Cruz-Acosta, Strategic Communications Director

NO ACTION was taken on this item.

…………………………………………………………………………………………………….

EXECUTIVE SESSION

Motion made by Representative Rodriguez, seconded by Representative Rivera, and unanimously carried that the City Council RETIRE into Executive Session at 10:36 p.m. pursuant to Section 3.5A of the El Paso City Charter and the Texas Government Code, Sections 551.071 - 551.089 to discuss the items.

Section 551.071 CONSULTATION WITH ATTORNEY

Section 551.072 DELIBERATIONS REGARDING REAL PROPERTY

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

Motion made by Mayor Pro Tempore Svarzbein, seconded by Representative Hernandez, and carried to adjourn the Executive Session at 12:02 a.m. on Wednesday, August 5, 2020 and RECONVENE the meeting of the City Council, during which time a motion was made.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

EX1.

Claim of Pigrum, Qualion Matter No. 19-1050-3371 (551.071)

Motion made by Alternate Mayor Pro Tempore Lizarraga, seconded by Representative Rivera, and carried that the City Attorney’s Office be authorized to DENY the settlement demand in the Quantum Meruit claim of Claimant, Qualion Pigrum, pending in Matter No. 19-1050-3371.

AYES: Representatives Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: Representatives Svarzbein and Annello

EX2.

El Paso Municipal Police Officers’ Association Grievance Regarding Dues Deduction; CLEAT No. EP20-023; Matter: 20-1026-11413 (551.071)

*Motion made, seconded, and unanimously carried to POSTPONE the item for two weeks.

EX3.

Update regarding El Paso Electric Co. merger with Sun Merger Sub Inc. (551.071)

NO ACTION was taken on this item.

EX4.

Petition of El Paso Electric Company for approval to revise Military Base Discount Recovery Factor Tariff under PURA §36.354, PUC Docket No. 51061. (20-1008-149) (551.071)

NO ACTION was taken on this item.

EX5.

Ken Paxton’s July 28, 2020 Letter to Mayor Doug Svien of the City of Stephenville and the Local Health Authority Orders for all Independent School Districts and Private Schools in El Paso County for Reopening on Campus Instruction. (551.071)

NO ACTION was taken on this item.

EX6.

Proposed Strategic Real Estate Acquisitions for Facilities Necessary for COVID-19 Response. (551.071) (551.072)

NO ACTION was taken on this item.

…………………………………………………………………………………………………….

ADJOURN

Motion made by Representative Annello, seconded by Representative Rivera, and unanimously carried to ADJOURN the Regular City Council meeting at 12:04 a.m. on Wednesday, August 5, 2020.

AYES: Representatives Svarzbein, Annello, Hernandez, Morgan, Salcido, Rodriguez, Rivera, and Lizarraga

NAYS: None

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APPROVED AS TO CONTENT:

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Laura D. Prine, City Clerk