How are you? How are you? Well, good morning everyone and welcome to City Council Chambers El Paso. We are about ready to get started. Miss Bryan, I think we're ready. >> Good morning, mayor, and good morning, everyone. Welcome to the presentation of the mayor's proclamations. We begin with a pledge of allegiance. And this morning, to lead us in the pledge, we have students from Isleta Middle School and Isleta High School. At the invitation of City Representative Lily Lemon, we welcome Isabella Mendes and Alfredo Mendes. indivisible with liberty and justice for all. You're hiding. All right. Marlo two Okay, Miss Bryant. >> Yes, sir. Would you like to move to the mayor's proclamations? >> We're going to start with uh represent Lemon >> for a special announcement. >> Special announcement. >> Good morning, Israel. Mayor, thank you for allowing me a few minutes this morning to recognize Israel Rivera. Israel. If you catch uh Good Morning America or the news at 5:30, you would have seen him on national television. Israel was a runner in the Boston Marathon recently. And before he got to the end, one of his running partners fell down and he would he would try to get up and fall down, try to get up again. And he did that several times. And at that moment, another man stopped by and helped him. And in the image, in the video, Israel comes running in on the right side and tells him, "Put your arms around my shoulder." And between the two of them, they were able to get them to the finish line. The important part at this moment was not necessarily time. the, you know, getting there, you need to get there within three hours to qualify for the next marathon. But together, the three of them were able to make it and they were able to make it in 3 hours and two seconds. But still, that is very important. And so I had the chance to work with his wife, Taylor, uh, during our first term. And that little young man that you see peeking over us was just a tiny little baby and his grandfather would come to a variety of meetings and they would always drop him off at our office. Uh Ivonne and I would take care of him and he's grown up to be a little rock star. So just remember him. But tonight uh today it is my honor Israel uh along with the city to recognize you. And so the star on the Franklin Mountain tonight will be lit in your honor for doing the right thing at the Boston Marathon. [applause] [applause] And and Israel, you're just riding on the BTS weight because the star is going to be in purple tonight. So we honor you and we thank you. >> Yeah, Israel. Thank you for representing El Paso uh and doing what's right. I mean, you were there and you know, and as represent Lamont said, you crossed at 3 hours and 2 seconds and 3 hours, 2 minutes, and 28 seconds and you helped Jonathan Adams across that finish line and I'm sure you guys have been in touch since since the race, but you did exactly what El Paso do. we help one another and and for you to do that and we're watching the video here on the screens uh speaks volumes for who you are as a person and and always representing El Paso even when you were that close to the finish line. So, Israel, we'd love to hear a few words from me, but congratulations. >> No, no, thank you. Thank you first of all. Um just give me one second just to soak it in a little bit. Um, I just I I know we have a time thing, but um, I I just want to say thank you from the bottom of my heart. There's nothing better to represent El Paso in one of the world's largest stages. Um, people got to see what we like here in El Paso. So, the fact that I was able to go out there and, you know, represent El Paso in the best way possible, uh, it's almost like a dream come true. um honestly. And so I just wanted to just say is no matter what your goals are in life or whatever the case may be, if you're able to help somebody in life, just take that time and help them out. It goes a long way. It was more than time or or time I was trying to hit in in Boston, right? So God had bigger plans for me and at that moment was to help somebody else in need. So I would do it over again any day over time, qualifying time or anything like that. But um again, just love what I do and God bless everybody. >> Wow. Congratulations. >> [applause] >> Okay. was the same idea. Oh, okay. She's got it. >> See, we know she's got me. Okay, Miss Bryant. >> Yes, sir. That brings us to the first proclamation and it's Bart Reed's El Paso comic strip date. >> Thank you, mayor. As um people are walking up, is I'm sorry, as Mr. Reed's walking up, I just want to uh divulge some intimate information here. I have been going to this club since the 80s. I know it's hard to believe. Yes, I People thought I was born in the 80s, but yes. And I've got to see some great entertainment like Tim Allen, Ellen Deers, Jim Carrey, Dave Chappelle, and one of my favorites was Jimmy JJ Walker. So, thank you for bringing such great entertainment to our community. Let me start. Whereas Bart Reed's Comic Strip Comedy Club celebrates its 40th anniversary on February 18th. It is the longest running comedy club in the state of Texas. Whereas since its opening in 1986 by Bart Reid and his father Tony Reid, the Comic Strip Comedy Club has brought many more nationally recognized talent to El Paso than any other entity organization in the city's history. Whereas Bart Reed is a nationally recognized figure in the comedy industry, as well as one of the founders of the concept of Latino comedy. Whereas Bart Reed and his comic strip comedy club have been generous members of our community, providing fundraiser opportunities for high school sports teams, various community organizations, and even the zoo, which by the way was a great fundraiser. Whereas Bart Reed's comic comic strip comedy club continues to work hard to provide nationally recognized live entertainment options weekly at affordable prices to the community. Now therefore, be it proclaimed by the mayor, council of the city of El Paso, that April [clears throat] 28th, 2026 be known as Bart Reed's El Paso comic strip day, signed by the honorable Renard Johnson. Mayor, [applause] >> good morning, Mark. >> Morning, mayor. >> The mic is all yours. >> Well, I just want to say I really appreciate it. Uh we've been very proud I'm losing my voice. Sorry. We've been very [clears throat] proud to represent El Paso since 1986. Uh I want to send out thanks to and I'm very proud of this guy, Israel Rivera, too, like everyone else. I saw it and what a gentleman. So, happy to be on the same day as him. Want to thank my wife Alicia. Uh my son Evan, my son Alec. They've put up with my crazy hours and stupid schedule for 40 years. And uh my father Tony Reed and Cece Reed, my mom. So, I appreciate >> the love and thank Yeah. Thanks to the city, we've been very proud to represent El Paso and everywhere. Every time the comedians come here, they talk about the love that they get and the food that they get here in El Paso. So, uh we really appreciate I remember the days when the mayor used to come to the club on the west side. So [laughter] hope to see him again sometime, all of you. >> But thank you very much. I appreciate it. We love El Paso. will continue to try to represent El Paso in a good light. Thank you. >> Well, well, Bart, congratulations on 40 years. And I had the pleasure of meeting you some years ago through a very good friend of mine, Lee Andrea. >> Yes. >> Who used to play on one of your baseball teams. >> And you guys were always bringing home first place whenever you you traveled. And um and Lee sends his his congratulations as well all the way from Miami, Florida. I told him you were going to be recognized today. So he wanted me to make sure to to tell you that he sends his congratulations. >> My love back to him. >> I will. And you have had so many national performers come through. So many that have been on Netflix, HBO, and and so many performers have come through the your your uh venue. But does anyone stand out that you remember mostly? >> Uh sure. Uh George Lopez's first road gig that he ever had was at our club in uh Christmas week 1986. Gabriel Glacius basically started he used to call our club his home club. He turned 21 here in El Paso and worked our club for years. Uh Steve Harvey was a big friend of ours. >> Our friend Freddy Sto. >> Yeah. Freddy Sto unfortunately who passed away worked a lot at the club in El Paso and and U Dave Chappelle. Jim Carrey, all of them, they were all great and it was fun to see them start, get their starts and become superstars. >> Wow, that is awesome. And also, I I I think if memory serves me correctly, you were a public address announcer in the 1990s for the Diablo. >> Yeah, for the Diablo Cohen [laughter] Stadium here. They won and had the best record in baseball. So, and uh you spoke about our softball team. I think we're the winningest team softball team in >> El Paso history as far as I know. So, >> yeah. Uh yeah, a lot of done a lot of things was on the uh Titus's final two shows on Fox. So >> fantastic. Well, Bart, thank you for bringing so much needed laughter right now in a time in our in our country and continuing to do what you do and we really appreciate the the comic strip and all the memories and all of the years that you've been in business and Oh, thank you, sir. I had no idea that was your son that was working for the city now. >> Yeah, that's my oldest. >> Yeah. Yeah. Uh he hasn't told us any jokes in in the executive session room, but maybe [laughter] we'll we'll get him to tell us some jokes uh because I'm sure he has a few. >> He's got a lot of them. So, >> okay. [laughter] Well, congratulations, uh Bart. We appreciate the love from the city and we're proud to represent El Paso. >> You got it, Bart. Congrats. >> Thank you. [applause] [applause] Let's do it. All right. Two. >> [applause] >> And that brings brings us to the next proclamation for El Paso Alumni Chapter Delta Sigma Theta Sorority Incorporated Delta Date. >> Representative Chavez. >> Thank you, Mayor. >> Good morning. >> Good morning. The proclamation reads, "Whereas the Delta Sigma Theta Sorority Incorporated, founded in 1913 by 22 collegiate women on the campus of Howard University, has blossomed into the largest African-American women's organization in the United States and internationally. The 22 founders participated in the first women's suffrage march in Washington DC and whereas four founders of Delta Sigma Theta sorority incorporated were born and resided in Texas. Saphir Chisum Carter was born in El Paso, attended Douglas High School and taught there after graduating from Howard University. Myra Davis Hemings San Antonio. Frederica Chase Dodd, Dallas. Jesse Magguire Dent, Galveastston. And whereas Delta Sigma Theta Sorority Incorporated boasts 76 alumni and collegiate chapters in the state of Texas comprised of women of diverse educational and professional backgrounds who join together to proudly institute the organization's fivepoint pragmatic thrust of economic development, educational development, international awareness and involvement, physical and mental health and political awareness and involvement. through service to their local and national communities. And whereas on March 6th, 1945, members of Delta Sigma Theta Sorority Incorporated were the first predominantly African-American sorority chartered and dedicated to serving the needs of the El Paso community. A nucleus of four El Paso women traveled to San Antonio, Texas, where they were initiated into the sorority at Sci Sigma chapter. Following their initiation, El Paso's own Beta Omega chapter was newly formed. During those early years, the chapter accepted both graduate and collegiate members. On September 30th, 1972, Beta Omega chapter was recharted as the El Paso Alumni Chap Chapter with the establishment of a collegiate chapter of the University of Texas at El Paso. And whereas the women of Delta Sigma Theta Sorority Incorporated dynamically continue in their fore mother's footsteps to promote social and political activism by addressing voting rights, supporting supporting voter education and hosting numerous voter registration drives and voter phone banks, as well as advocating for adequate education funding, adopt a school, provide postgraduate scholarships for high school students, and hosting a financial expo for middle and high school students and access to early childhood education for all children. And whereas the members of the El Paso Alumni Chapter Social Action Committee are strongly committed to social and political engagement with a focus on voting and civic participation, economic justice, education, health equity, and reproductive freedom. The members of the El Paso Alumni Chapter of Delta Sigma Theta Sorority Incorporated have promoted the rich diversity of our border city. And whereas the women of Delta Sigma Theta Sorority Incorporated continue to be magnificent examples of servant leaders with an uncompromising commitment to their community, which is exemplified in today's Delta days at the El Paso City Council. Our chapter members have served the El Paso community as teachers, principals, counselors entrepreneurs military personnel at Fort Bliss Army Base physicians nurses, and attorneys. Now therefore be it proclaimed by the mayor and council of the city of El Paso that April 28th, 2026 shall be known as El Paso Alumni Chapter Delta Sigma Theta Sorority Incorporated Delta Day signed by the Honorable Mayor Renard Johnson. Congratulations. [applause] >> Good morning. Good morning, um, esteemed Mayor Johnson and city council members. I'm Cheryl Felder. I'm the chair of our social action committee and I'm, uh, filling in for our president who's unable to be here, Dr. Antoanet Howard. In our community, we have seen firsthand the impact of voter suppression, um, individuals not participating in the voting process, marginalized women in our community. We have programs and we have worked tirelessly to work on voter registration and educating the El Paso community. We have partnered with local organizations to ensure our community is aware of the voting process, the importance of their voting and how to vote and the complexity of registration and voting at the polls. Our commitment is not just a program. It is a fundamental part of our identity as members of Delta Sigma Theta Sorority Incorporated. But we cannot do this alone. We need the support of leaders like you in this room. Your rule is vital in fostering an environment where civic participation is encouraged and every citizen feels empowered to participate in their governors. Together, we can dismantle barriers and create opportunities for community members to engage in the electoral process. As we continue to celebrate the legacy of our 22 founders and the work of our chapter, we invite you to join us in this mission. Let us collaborate to create programs that not only uplift women but also educate all citizens about their civic duties. Let's ensure that our community thrives, not just survives. Thank you for your time and your commitment. [applause] Congratulations. And I know there's some other young ladies there. You guys want to introduce yourselves? Good morning, Mayor Johnson and city council. My name is Christina Ford and I'm a member of the social action committee. >> Good morning, Mayor Johnson and members of the council. My name is Joy Jacobs and I'm also a member of the committee and several others. >> Good morning, Mayor and Council members. My name is Patricia Alfred and I'm on the social action uh committee members. Good morning. I'm Avis Liverpool and I'm the chair of our arts and letters committee. Thank you. >> Very good. Well, congratulations, Deltas, on this day. And just think uh back in 1913 at Howard University and now there's over 300,000 members with over a thousand chapters. That's big. And just to know that there was one of your founders that was from El Paso. That is incredible. You know, that went to Douglas. So, I mean, and thank you guys for all that you do in influencing national policy, your commitment to public service, education. I could go on and on and on. You guys do so much for your communities that across the United States and across the world that we cannot thank you enough for all your advoc advocacy and voters rights and all the things that you do. So, today is a day of celebration and congratulations so much. Well done, Deltas. And I love the colors of red. Yeah. Congratulations guys. [applause] Take a selfie. And the next proclamation is 800th anniversary of the transitus of St. Francis. >> Represent Lemon. >> Sorry. Good morning. If we could have our our visitors come forward. There's a lot of people with you. Come forward. Come and join us. This is the proclamation of the city of El Paso. [clears throat and cough] Whereas the year of 2026 marks the 800th anniversary of the transitus of St. Francis of Aisi, a historical figure renowned for his dedication to simplicity, service to others, and commitment to peace whose life and legacy have inspired generations worldwide. And whereas born around 1181, St. Francis of Aisi spent his brief life of 44 years demonstrating compassion, humility, and care for the vulnerable. He left a legacy of cultural, social, and humanitarian influence that has endured for eight centuries and continues to shape communities in civic engagement today. And whereas in January 2026, Pope Leo I 14th proclaimed a jubilee year in honor of the 800th anniversary of the transitus of St. Francis. Pope Leo's proclamation sheds light on the enduring significance of St. Francis's life and encourages people across the world to reflect on the principles of generosity and compassion that transcend cultures and traditions. And whereas the citizens of El Paso are encouraged to honor this milestone by reflecting on these enduring values, celebrating the influence of St. Francis on global culture and humanitarian efforts and engaging in acts of service and community building that promote the well-being of all residents, particularly those most in need. Now, therefore, be it proclaimed by the mayor and council that the year of 2026 shall be known as the 800th anniversary of the transitus of St. Francis, signed by the honorable mayor, Renard Johnson. >> [applause] >> Good morning. >> Good morning, mayor and council members. As uh Lily Lemon had read, we see the influence of St. Francis even today after 800 years, not only in Aizi but also throughout the world. And the people behind me are also influenced by that that poor man from Aizi. But also the fact that if we look at our world today, how important his presence is for us, a poor man who truly led by example, but also was a voice of peace and simplicity. And so I also have the prayer that Pope Leo wrote for the Jubilee year that I would like for us to conclude if that's possible. >> Absolutely. That's right. >> St. Francis our brother, you who 800 years ago went to meet sister death as a man at peace. >> Intercede for us before the Lord. You recognize true peace in the crucifix of San Damiano. Teach us to seek in him the source of all reconciliation that breaks down every wallace. You who unarmed cross the lines of war and misunderstanding. Give us the courage to build bridges where the world raises up boundaries in this time afflicted by conflict and division. Intercede for us that we may become peacemakers, unarmed and disarming witnesses of the peace that comes from Christ. Amen. And may this be a prayer that is used throughout your meetings as you also become peacemakers for our city. >> Wow. >> Thank you. >> Wonderful. >> Well, thank you and congratulations on the 800th anniversary of St. Francis. And I love the significance of St. Francis where life encourages people across the world to reflect on the principles of generosity, compassion that transcends culture and traditions. And I actually found one meaning that you know I wanted to share. It said a life so aligned with love, humility and God that death becomes a peaceful return home and not an end. and congratulations on such a beautiful anniversary and sharing such a beautiful prayer with us. Well done. >> Congratulations. >> Thank you guys. [applause] >> Little time. Do we want to try to introduce some of >> If everybody step up, Father Yik. Yes. Come forward. >> Come forward. >> Okay. >> Good morning. and I'm very happy to stay here and thank you to El Paso because we are trying to leave the gospel especially with now deported and immigrants in our city and thank you for any support for us. >> You're welcome. >> Come on up. >> Come on. >> They're being bashful. >> Very humble group. >> Yes. >> Good morning. >> Good morning. My name is Sister Joanna Claus. Uh I've been in El Paso since 2017. I'm a Franciscan sister and uh serving and working with the least among us the immigrants who are here. So we ask and thank you all for your service and ask God's blessing on them as they go to the future. Thank you. >> Thank you. [applause] >> They're being bashful. >> I think they're all bashful, but there's >> I think they're following the the example and simplicity of of St. Francis but uh words of gratitude for this recognition again these individuals follow in the footsteps of Frank St. Francis, but also continue to be influenced by the poor man of Aisi. >> Very good. Congratulations [applause] You're not >> get ready. [laughter] Go ahead. Miss Bryan, >> the next proclamation is National Travel and Tourism Week. >> Representative Nino. >> Thank you, Mayor. And if we could have the honores make it to the podium. And mayor, thank you for allowing me to read this proclamation um in honor of National Travel and Tourism Week. This week, there's a lot of great celebrations here in the city of El Paso. We have BTS, which is estimated to have a $75 million impact. We have El Paso Comic-Con, Soul Summit, Mitchelada Fest, Broadway El Paso, and that's just to name a few things that are happening here in our beautiful city. But again, it's an honor to read this proclamation for the city of El Paso, Texas. Whereas the month of May marks National Travel and Tourism Week, a time to recognize and celebrate the many ways the travel and tourism industry enriches our nation's economy, culture, and communities. And whereas the city of El Paso proudly recognizes the meaningful role of travel and tourism with that play in strengthening our local economy while sharing the culture, history, and welcoming spirit of the Sun City with visitors from near and far. Whereas in 2025, Elbas welcomed visitors who came to experience the city's vibrant festivals, diverse culinary scene, cultural attractions, and beautiful outdoor spaces. And whereas these visitors generated an estimated $2.27 billion dollar in economic impact, supporting local businesses and sustaining approximately 15,540 tourism related jobs for El Paso residents. And whereas El Paso hospitality's industry continues to thrive, achieving a hotel occupancy rate of 65.3, a reflection of the city's growing appeal as a destination for travelers, events, and memorable experiences. And whereas destination El Paso together with its hospitality partners, tourism stakeholders, and community members work year round to welcome visitors and proudly share the stories, traditions, and character that make El Paso a welcome destination. And whereas the travel and tourism industry helps foster community pride, creates opportunity for local businesses and workers, and contributes to the vibrant quality of life enjoyed by all of us here, all El Pasoans. Now therefore, be it proclaimed by the mayor and the council of the city of El Paso, encouraging residents, businesses, and community partners to join in celebrating the people, our places, and experiences that make travel and tourism such an important part of our community. May 3rd through May 9th, 2026 shall be known as National Travel and Tourism Week, signed by the Honorable Mayor Renard Johnson. [applause] Good morning, Brooke. >> Good morning, Brook Underwood on behalf of Destination El Paso, interim president and CEO. I am joined with, of course, my best amigo, Amigo Man. Also, the director of tourism and strategic alliances, Veronica Castro, our director of sales, Valerie Garcia, and then our military liaison, Dion Denia Bandis. Uh, thank you for taking the opportunity to recognize this industry that serves as a cornerstone for our community's strength and future. Travel and tourism. National Travel and Tourism Week, May 3rd through the 9th, as stated, recognizes the people, businesses, and partnerships that drive visitation and economic impact to El Paso. Tourism is a powerful economic driver, and in 2025, visitors generated 2.27 27 billion in local economic impact and that supports more than 15,500 jobs locally. But beyond the data, tourism is about people. It's about small businesses, our hospitality teams, entrepreneurs, and those who consistently deliver for those visitors. When visitors come, they just don't attend an event. They immerse themselves in our culture, our cuisine, our history, and they leave with a lasting impression of who we are. To showcase these efforts, we have several events, many events planned throughout the week, including the inaugural Amigo Man 5K benefiting the Brian Crow Hospitality Scholarship that we have set up. We will also host two signature events at our downtown visitor center, May the 4th be with you, and our Cinco deio tacos tequila celebration. Talk about tourism. In addition, we invite you to join us for our annual National Travel and Tourism Week lunchon on Thursday, May 7th. Rounding out the week, we're proud to partner with our family at Fort Bliss to highlight the unique attraction and experiences available on the installation as well. And finally, we encourage the community to be a tourist in your own city during our guided tour on Saturday from 9:30 a.m. to 1:00 p.m. And while Destination El Paso focuses on year-round conventions, groups, and events, every so often a global phenomenon transforms the destination overnight. And it's especially meaningful when it happens during this celebratory week. That's exactly what we're seeing with the arrival of BTS. This weekend, we're not only hosting a concert, we're welcoming the BTS army to El Paso. That experience begins the moment visitors land. At the airport, visitors will be greeted with dedicated welcome signage and photo opportunities. I'm also proud to share that Mayor Renard Johnson will record a special message and a public address welcoming these fans, a true reflection of how our entire city is embracing this moment. Across our hotels, the energy continues. Properties citywide will feature welcome banners and frontline staff will wear BTS themed buttons to ensure every fan feels seen and celebrated. From Friday through Sunday, Destination El Paso will activate the downtown visitor center as a hub for fans to gather, collect merchandise, and discover El Paso's hidden breakfast. >> Our whole plan hinged on this timeline changed. Uh we have a few fun touches like purple popcorn, purple palettas, and purple punch to mark the occasion. Additionally, the local BTS army will be on-site engaging and trading treats like charm bracelets and buttons. In partnership with UTEP special events, our uh destination El Paso team will be mobilized on campus, serving as guides and ambassadors to provide directional support and help deliver a seamless world-class experience. Importantly, we're not just creating this event for the Army. We're celebrating it with them. Their energy engagement will amplify El Paso's story and they will share their journey with the world. As a result of these coordinated efforts, BTS weekend is projected to generate 75 million in economic impact for our region. This mayor and council is what tourism looks like. It's a city in action, united, uh a local economy thriving, and a global community welcomed with open arms. We're not just a stop on a tour, we're a world-class destination. Thank you and we hope to see you at our events next week. [applause] >> Represent Nino. >> Thank you, mayor, and congratulations again and thank you for all the hard work that you all do. You mentioned something that you invite us to be our own tourists within our own city. And as a proud uh ambassador of your ambassador program, can you share a little bit more about what that experience is like? and also how members of our community take could take part and even learn further about being a tourist and the history of our city. >> Of course, I don't think people realize that uh you are all representatives of our community in your own social networks and your platforms and so it's really important that we engage our locals and make sure that they're aware of all the amazing things there is to offer in our community. So many people say it and we've all heard it, there's nothing to do in El Paso and these last three weeks have proven anything but. and then you read the list of the things that will continue on through the rest of the week. So, there's plenty of things to do for all age groups, demographics. So, it's important that we get out, we're we're tourists in our own community. We support those local businesses and restaurants and and uh make sure that we share that as well. Of course, our tourism team is always putting together tours. We do mission trail tours. We do downtown walking tours. We do tours for spouses at the military installation. So there's a number of tours that you can join and of course those are all posted on our social media accounts or on our website visit alpasa.com. >> Thank you for that and I know you have the program the ambassador program that you Yes. >> Can you share a little? >> Yes. Uh we we encourage people you don't have to know everything about the community but you do need to know where to find it. And so our ambassador program is available online and that's you can also find information on our website. But we encourage you to take what's sort of like an online defensive driving program. [laughter] You may read a a po a small passage and then you take a quiz and then you watch a video and you take a quiz and so you earn points as you go through the program for the different chapters. You also earn points for referring a friend and if they complete the the program within a a certain amount of time and then those points can be exchanged for a moo man swag. So we encourage people to participate in that program uh share it with others and learn about how you can find out the most uh latest and greatest on our city. >> Yeah know thank you for that. But I completed that program about seven eight years ago and um it's great because you really get to learn the history of the city of El Paso and even when you're driving around you're like hey I remember that question and I remember that you know so thank you for all the work that you do to really highlight how beautiful our city is and congratulations again >> representative Nino thank you for taking that has everyone else on the council they >> I know he's he's making us want to take this >> with hands >> yeah we're going to have to start the class today but congratulations guys and um we talked a little bit about the El Paso hotel occupancy rate of 65.3% which is above the state average. >> Correct. >> The state is about 61.5. So El Paso trends above that number. And I know our airport uh visitors uh last year well in 2024 was about 3.8 million visitors came through the El Paso International Airport and that's on track for about 2025 numbers as well. But that is big for economic development. You mentioned $75 million in economic de uh impact for the city uh for this weekend alone with the concerts which is incredible. But when you look at those numbers, you know, that translates into about $180 per day per person that are in our region in our hotels eating our food and shopping at our stores. So what a good shot in the arm for economic development for this community and it just a way to showcase this beautiful region of El Paso. have Omegle Man. You're activating the the visitors center and thank you guys for all that you do at Destination El Paso. Congratulations. >> It's our pleasure. [applause] >> I'll also add, if I may, that it's it's proven that people are first visitors to a community and then they travel that they plan subsequent visits or maybe even relocate. So, this is our first opportunity to present a united front and welcome them for future impact. Thanks, Thank you. [applause] Are we doing [laughter] a lot? Yeah, we America. And the final proclamation is El Paso Elites Unity Day. >> Representative Tjo. >> Thank you, Mayor. Good morning. Good morning. >> Good morning. Whereas El Paso elites flag football organization proudly representing the northeast community of the city of El Paso, Texas were selected and all flag football players were hand selected to play the 2026 youth flag football world championship in Orlando, Florida on February 25th through the 22nd, 2026. And whereas El Paso Elites flag football organization had flag football teams ranging from 8, 10, 12, 13, and 14 and up in Orlando in Orlando, Florida. These teams competed in this tournament against top tier programs across the country. And whereas the eight and up team competed at the highest level in division one, placing 32nd out of 74 teams and ranking the top 57 nationwide. The 10 and up placed 46 out of 83 teams, placing them in the top 45 in the nation. The 12 and up team secured 30th out of 60 teams, ranking in the top 50th, while the 13 team continued their strong performance, placing 28 out of 62 teams, ranking the top 55 in the nation, and went home with a runner-up trophy within this uh D2 division. And whereas none of this would be possible without the hard work and dedicated team uh and coaches established in this program of developing young athletes with discipline teamwork leadership commitment of excellence and [clears throat] uh to provide a platform to grow not only in athletic athletic athletic ability but also in character, sportsmanship and respect. respect for their community. We would like to honor these leaders. Coach Leah Tin Tini Soma, >> Coach Brandon Kitty aka Non Hondo, Coach Daryl Peewee Simpson, Coach Joshua White, Coach Chris Moore, Coach Dominic Benson, Coach Brian Johnson, Coach Parnell Johnson, PJ, and thanks to all the 8, 10, 12, 13 and 14 flag football teams and players and their families. Whereas the Northeast has a lot to be proud of as this flag football team not only got selected to play in 2026 youth flag football world championship tournament but continues to showcase their talent, dedication, and pride through battle at the border playing neighboring regional teams from New Mexico and Mexico. The El Paso Elites continue to look for additional talent in their teams and have created a travel team since the Orlando Florida tournament. This organization is always looking for new talent and donations through their Facebook page and Instagram platform. Now therefore be it proclaimed by the mayor and council of the city of El Paso that April 28th, 2026 shall be known as El Paso Elites Unity Day. >> [applause] >> Good morning. >> Good morning, Honorable Mayor Johnson, esteemed representatives, distinguished members of the board, and honored guest. Thank you for the opportunity to stand before you today. I am proud to represent the El Paso Elites flag football cheer football flag football team and cheer program rooted in the northeast community of El Paso. We're more than just a team. We're a family that pours into our youth. Recently, our athletes had the opportunity to compete on a national stage at the World Championship in Orlando, Florida. Representing our city with pride, determination, and excellence, we took five age groups and 52 student athletes, competing against nearly 10,000 teams, every division finished with the top 50 percentile, with one of our divisions earning a runner-up finish. While their performance showed they can compete among the best, what stood out the most was their character, resilience, and unwavering heart. Today, however, is about more than recognition. Before I continue, I want to say thank you to our coaches for your dedication, and to our parents for your continued support and trust. Together, we are making a difference. Our mission is simple yet critical to create access, instill discipline, and provide opportunity, developing not only skilled athletes, but strong, responsible leaders who will positively impact their communities. However, we rely on our community to bring the vision to life. Today, we are asking for your support, your partnership in continuing to build a program that is actively changing lives. Funding and sponsorships are essential in allowing us to provide travel opportunities, proper equipment, quality training, and access to families, and access to competitive platforms that many families would otherwise be unable to afford. For many of our athletes, these challenges are not hypothetical. They are daily realities. An investment in our program is not simply an investment in sports. It's an investment in the future of our youth, in equity, of opportunity, and in the strength of our community. We invite you to stand with us. Together, we can continue to expand opportunities, remove barriers, and make a lasting impact on the lives of our youth and the future of El Paso. Thank you, [applause] >> coach. Anyone else want to? You still got time. >> She said it all. >> No [clears throat] one else. Huh? >> She said it all. >> We want to run through the names. Can we get the names real quick? Oh, the kids. >> Okay, go introduce yourself. >> Is there a microphone on the left or the right side? >> Right side. >> Yeah, there's a little mic right here. >> Oh, there's one right there. >> Yes. >> There we go. Good morning. >> My name is Elijah. Um, I don't know what to say. >> Good morning. That's good. Good morning. >> What's your name? >> Jojo. >> Jojo. Nice to meet you. >> Um, good morning. My name is Prisc Mes. >> Good morning. >> Good morning. My name is Taiwan. >> Good morning. Good morning. My name is Dion. >> Good morning. >> Good morning. My name is Carlos. >> Good morning. [clears throat] >> Good morning. My name is Rolando. >> Good morning, Rolando. >> Good morning. My name is Aaron. >> Morning. >> Good morning. My name is Kenneth White. Good morning. My name is B. [laughter] >> Good morning. My name is Christian. >> Good morning. My name is Eli Min. >> Good morning. Good morning. My name is Cameron Vincson. >> Good morning. >> Good morning. My name is Devon. >> Good morning. My name is Matthew Chavez. >> Good morning. My name is Learian. >> Good morning. >> Good morning. My name is Robert. >> Good morning, Robert. >> Good morning. My name is Everett. >> Morning. Is that it? >> Good morning. My name is Tyreek. >> Good morning. >> Good morning. My name is Julius. >> Good morning. Anybody else? >> Did we get them all? >> Anybody? >> Coach, >> good morning. My name is Christopher Moore and I coached 14U. >> Very good. >> Good morning. My name is Brandon Chitt. I coach 14U. >> Good morning. My name is Joshua White. I currently coach 12U. I coach 8U in Florida. >> Good morning. and I'm coach Bi. I coached 8U for Florida and co currently at 12U. >> Good morning. My name is Dominique Benson and I coach 14U. >> Very good. >> Well, congratulations again to you guys because we know what it takes to 2026 World Youth Flag Football Championship in Orlando. We know that that was hard to do. So, and we know that it takes the coaches, the teachers, the family members, it takes a village to get them to where they were in Florida. And we know the blood, the sweat, the tears, the sacrifices that they had to put in and the work that they had to put in to go to Florida. So, a big congratulations to this team and to the coaches and the families that are supporting everyone here because that is that's huge. So, uh, we look forward to seeing you guys in the 2027 World Championships, wherever they're going to be. So, congratulations and well done. Thank you guys. [applause] >> Hey, go to the back. That's all you You got to put them on. I don't want to be >> [clears throat] >> Okay, Miss Bryan, I think we're ready. >> Yes, Mayor. >> Good morning. This is a meeting of the El Paso City Council for Tuesday, April 28th, 2026. Mayor Johnson is present and presiding in council chambers along with Mayor Prom Chavez, Representative Ato, Representative Nino, alternate Mayor Prom Fiero, Representative Lemon, and Representative Canales. It is 10:21 a.m. Representative Maldonado Rocha is running a few minutes late this morning. Also at the deis is Representative Boyjo. Will everyone please silence your electronic devices so as not to disturb the meeting and rise for the invocation delivered by El Paso Police Chaplain Joe Marada. >> Good morning. If you'd like to receive the invocation today, let us bow our heads together as we call for supreme guidance. Heavenly Lord, we stand before you in these chambers, calling upon your wisdom and charity to be felt and known today. We ask for your guidance and assistance in the matters before this council. We ask that you give our city leaders clarity of mind and purpose in governing on behalf of the people of the city of El Paso. guide them in making El Paso a rich and thriving community. Helen Keller in referencing community stated that alone we can do so little, but together we can accomplish much. Let our community have a spirit of unity and a resolve to work together and make our city and our region a better place for all people. Let us be mindful of the many diverse needs that are around us. And let the voices of all be heard and represented today. We also want to take a moment and recognize the contribution of volunteers throughout our community who give their time, talents, and their finances to make our community, our city, our nation, and world a better place. They willingly serve their fellows, some on the front lines, others laboring behind the scenes, but they put into action the words that we've been, many of us have been taught, love your neighbor as yourself. We thank you for them and we ask for your blessing. And as we conclude here today in asking for your guidance and help, we always ask that you would keep your hand upon all our all of our military service members, our first responders, and their families and loved ones. Give them strength. Let them feel your peace as they protect us both night and day. In your name we pray. Amen. Thank you. >> Okay, Miss Bryant. >> Yes, sir. Thank you, Chaplain. That brings us to public comment on regular and consent items for those that signed up to speak at 10. We have a few speakers on item 56. And item 56 is an ordinance amending title 12 towing regulations and fees to prohibit soliciting of towing businesses at the scene of traffic accidents. We have Daniel Ernnandez, followed by Hilberto Carlos, Christopher Lopez, Victor Manuel Ramirez, Ivan Rodriguez. Is Daniel Ernnandez here? Daniel Ernnandez will be followed by Hilberto Carlos. >> Good morning. >> Good morning. >> You have three minutes. >> Good morning. >> Yes. Um, >> good morning. I'm here to talk behalf obviously the uh towing um I think we're going in a wrong way if we stop this in their tracks now maybe we can sit down and talk for regulations and and rules to be uh put on the tow trucks like I said um small businesses are starting um they got to work they got bills um they do have insurance they do pay for diesel. They do pay and they they they help our community. Um I see that if we stop them for helping our community also on uh car crashes, helping the I know the El Paso Police Department also is very very uh busy. Uh sometimes they get there, they open traffic for them. Um they help they help uh to reduce uh traffic and more accidents. Um, like I said, uh, there's small companies that do follow the, uh, rules and regulations of paying their their permits, then also have license to do what they're doing, their training. Um, I think if we can we can stop this um, and see if we can uh implement rules and regulations on certain tow trucks uh, for them to to uh, work here in in El Paso. I mean, we are Old El Paso strong. Um, I hate for this to go through and for them not to have a company. Um, like I said, they have one, two tow trucks barely starting. And like I said, uh, please please uh uh hopefully it's in your heart and a good decision of of not going through this now. And like I said, we hopefully we can sit down and and see the the rules and regulations that we can install on on the small companies that are starting. And like I said, that that they're here to help the community also. And uh like I said, there's good and bad. Yes, I I do know that. But like I said, please uh have it in mind that maybe we're moving in the wrong way as stopping it now when we can move in another way that we can all work together. And like I said, uh implement the rules and regulations for what's good and bad on our community. So, please keep in mind, um hopefully you guys can we can go another route and like I said, not affect small businesses. They're trying to make a living here and that give work to other Opas ones. And uh thank you for your time. >> Thank you. The next speaker is Hilberto Carlos followed by Christopher Lopez, Victor Manuel Ramirez, Ivan Rodriguez, Juan Nunes, Saul Aras, Manuel Derma. Good morning. >> Good morning. >> Good morning. >> Good morning. >> Uh, thank you for your time. Uh, my name is Hilberto Carlos. I'm the owner of MF Toy. Um, I am here to just basically express that I'm for change. I'm for reform. I I am aware that there is certain toying practices that are going on um that do affect certain people negatively, but what we would like or what what I would like to ask you guys is [clears throat and cough] to not change it so that me as the owner of my toying company gets affected by the other towing people who are towing illegally. uh toying without permits and all that good stuff. I mean, I I I pay my permits. I I pay my licenses. I pay my insurance. And basically, I'm for I'm for the reform. I'm for the change, but don't change it so that me as the owner of my business gets affected as far as getting work because um basically I mean I what what what's going to happen is the the bigger toying companies who are on rotation who have had the access to getting that type of work they They're basically going to push us smaller companies out. I mean, I'm I'm a one truck uh business. Uh I do my part. Uh I I try to assist the police officers. I don't want to get in anybody's way. I don't want to be part of the problem. I want to be part of the solution. So, um, just basically what I'm asking is for whatever changes may come of this, uh, maybe make it more transparent as far as getting on to rotation, uh, making the application process, uh, more available and more um, well articulated as far as getting on rotation uh, through the city. Um, but I'd like to thank you. Thank you for your time and u appreciate you guys. >> Thank you. >> Thank you. >> The next speaker is Christopher Lopez followed by Victor Manuel Ramirez, Ivan Rodriguez, Juan Nunes, Saul Aras, and Manuel Lerma. Good morning. You have three minutes. >> Good morning. >> Good morning. Good morning, mayor and city council. My name is Christopher Lopez and I'm here representing United Express Towing. I believe public safety is a priority. As a registered and licensed towing company, I'm against priatory towing. However, we're asking that the ordinance is modified or currently written so it does not unintentionally impact legitimate operators. El Paso, Texas has a population of over 1 million and for the past years we have had a rotation system that only includes four or five company towing companies, excuse me. We believe it's clear this is no longer effective being that when we have traffic collisions, vehicles are blocking intersections or highways for one or two hours. When we arrive to offer our help or service, we always direct ourself to firefighters on scene or police officers. [clears throat] Most of the time they accept our help and after their investigation is completed they give us the opportunity to offer our towing companies to those involved. We never tow a vehicle without consent and we never take advantage of vulnerable people on scene. Many times we clear their always for free while rotation tow trucks arrive. We have never had complaints from law enforcement from our community regarding our service. For for these reasons, we respectfully ask you to consider refining the language of this ordinance so that it's both effective and fair. Thank you for your time and for your service to our community. >> Thank you. >> The next speaker is Victor Manuel Ramirez. >> Good morning. >> Good morning. For this for Mr. Ramirez's comments, you can follow along using the QR code on the screens. Yes, of Okay. Okay. Carlos. meaningchech. and Fore! Foreign! Foreign! Thank you. >> The next speaker is Ivan Rodriguez, followed by Juan Nunes, Saul Aras, and Manuel Nerma. >> Good morning. >> Good morning. >> Good morning, Mayor and City Council. My name is Ivan Rodriguez. I'm here representing United Express Towing. It's a small towing company operated by my brother and myself. I am here to respectfully ask that this ordinance is revised or modified to allow towing companies that are legitimate, registered, licensed to stay in business. Since we started providing with our towing services here locally, we were we we were licensed to operate under incident management which is the requirement for collisions. We have been forced to arrive to collisions without being called or solicited because we haven't had the opportunity to join the rotation. We've been pushing, we've been calling, we've been waiting for phone calls from from the city or from the police department to give us the opportunity and it has never come. We we support public safety. We support putting predatory tours out of business because they affect our work, our reputation. However, with the ordinance, the way it's been established right now, it's going to keep us from doing our work. Um, as far as today, we we've been working uh with law enforcement on the west side of town. We have never had any complaints from a customer. We've never had any complaints from law enforcement regarding our services. We know there's predatory tourists out there, but that's not us. However, because of the bad apples out there, this ordinance, the way it's written, it's going to affect us as well. We're asking for the opportunity to be on rotation. It hasn't come for four years. We've seen other companies from out of town, big companies arrive that are now on rotation while we've been waiting since 2022. If we are arriving to a scene is because we haven't had the opportunity to be called by dispatch or from police department, but we have the insurance, we have the qualifications, we have the licenses that you need to be on rotation. We just don't have that contract and we're asking for the opportunity to join it before this ordinance goes through because it's the only option we have right now. Um, thank you for your time and thank you for your service. >> Thank you. >> Next speaker is Juan Nunes, followed by Saul Aras and Manuel Lerma. >> Good morning. You have three minutes. >> Good morning. >> We'll need the QR code, please. It Thank you. person. Nochech. Thank you. The next speaker is Manuel Lerma. Manuel Lerma followed by Saul Aras. >> After that it will be Ryan Anderson speaking on item 23. I 10 relocate. traffic. foreign. fortoech. Freeway 375. Okay, >> thank you. >> The next speaker is Saul Aras also on item 56. He will be followed by Ryan Anderson speaking on item 23 and Daniel Lopez speaking on item 63. >> Good morning. Good morning, mayor, city reps. I am here as a concerned citizen for small businesses. Um, as a claims and appraisal expert, I know pretty much the whole process of a collision and there's many things that it it will affect. Um, and I just want to make city council aware of the harsh realities of this ordinance. It will affect the livelihood of thousands of employees. It will affect thousands of families. Now, I am against predatory towing and the deceptive practices, but and I know there's, you know, bad testimonies out there and bad reviews, and I I sympathize, but uh also with one bad review, one uh bad testimony, there's dozens of great ones. That's just how the human brain works. We look at the bad normally. Now, there's about 210 body shops here. Um, they all thrive on street level marketing. There's only about 20 body shops that are directly connected to the direct repair program to all the insuranceances. Now, this ordinance will give the keys to them as a body shop. There's about 117 towing companies in El Paso. Only five of them are in rotation. Now, this isn't even talking about indirectly. Um, this will affect sales reps, customer service reps, bodymen, painters, thousands, prep guys, detail, cleaning, sanitizing, estimators, appraisal experts, secretaries mechanics part department employees, supervisors, tire shops, alignment experts, program and diagnostics. And these companies also with their employees So, I just want again to make city council aware that even though I am against predatory towing and deceptive practices, you're basically handing the keys, this will shock the market. And when you do change, you have a change. Um there should be a plan or a transition period because this will affect again thousands of local families. This will give the power to just the strong, you know, the corporate in El Paso. I just it's never been like that. Uh my time's up. Thank you for your time. >> Thank you. >> The next speaker is Ryan Anderson. Ryan Anderson. He will be speaking on item 23, which is a resolution to submit a grant application for the city of El Paso's Police Department project identified as motor vehicle crime prevention authority, Senate Bill 224, Catalytic Converter Grant FY27. >> Good morning. [clears throat] >> Good morning. Uh good morning, Mayor and City Council. My name is Ryan Anderson. Uh I'm here in opposition to items 23 and 64. technology has been developed that can be used for the benefit of uh public safety. However, this technology should be met with caution. For the last year, EPD has worked with flock cameras in the city of El Paso. City council should thoroughly review the current and future contract and terms of service with flock safety as well as federal contracts with flock safety to ensure the protection of public liberties by reviewing the contracts in to publicly. The city council will help the public understand how the data collected by flock can be protected from use outside of the scope of EPD. Under these contracts and the terms of service or sorry until these contracts and the s terms of service are reviewed, this technology is a liability for the city. The current contract expires on May 16th. Let it expire while the city looks into the contracts. >> [clears throat] >> Thank you for your time. I do have a letter from ACLU on the topic of flock as well. Um, I'll go and start reading that. ALPRs have a long have long posed a significant threat to privacy and civil rights. ALPRs are high-speed computer controlled cameras that automatically record and digitize license plate numbers that come into view along with the location, date, and time. The data which includes photographs of the vehicle and sometimes its passengers is typically uploaded to a central server and stored for some period. This is true whether the individual is someone suspected of criminal activity or not. When aggregated over time, vehicular data can paint an intimate portrait of a driver's life by revealing details about sensitive places they visit, such as health care, health centers, gun shops, union meetings, protests, health centers, immigration clinics, and centers of religious worship. The threat posed by ALPRs has increased dramatically over the past few years because data is now being used in ways that many local officials neither anticipated nor intended at the signing of the contracts. This is because one, a highly resourced company called Flock Safety, whose product's major feature is its nationwide data sharing, is increasingly dominating the LPR market. Two, federal agencies, including ICE and CBP, now reportedly have access to flock safety nationwide data, either directly or through partnerships with local agencies. And three, artificial intelligence has increased law enforcement surveillance capabilities by increasing the speed and power of analysis and information sharing. Given the significant risks posed by this technology in this environment, >> Thank you, Mr. Anderson. urge the city of El Paso to terminate the contract with flock safety. >> Thank you. >> Thank you for your time. >> The next four speakers signed up on item 63 and item 63 is discussion and action to direct the city manager to amend the city of El Paso's 90th session state legislative agenda as well as a 119th Congress federal legislative agenda to include advocacy support for policy proposals related to data center incentive and regulatory frameworks. There's Daniel Lopez. Mr. Lopez, if you're in the queue, star six, please, to unmute your telephone. Daniel Lopez. Star six, please. I don't see his phone number in the queue. Miss Veronica Carvajal. She will be followed by Virginia Beltran and Saul Gonzalez. >> Good morning. >> Good morning. [clears throat] >> Morning. Um, good morning, Mayor and Council. I'm Veronica Carvajal with the Sand Frana Coalition. Thank you, Representatives um, Chavez, Nino, and Fedro, for placing this item on the agenda. We're hoping for a unanimous vote, but at least a majority vote of yes. Um we really need um you um as well as our other local and state- elected officials to push the state legislature to remove the state sales tax exemption for data centers and to stop the proliferation of such industries in our comm community in our state. We need you to tell the Texas legislature that El Pasoans do not want to give away our hard-earned sales taxes to the richest of the rich who seek only to exploit our resources um especially our water. I want to thank our members. As you know, most of our neighborhood leaders in San Brando are retired or close to being retired. And last summer, they asked us to take on the Meta Data Center and all other data centers in our community. Not because the data center um fights are trending, but because they understood the high cost of such industry. As you know, we have um asked you to cancel your own 380 property tax abatement agreement with META. Um and we have asked the county to do the same. We are asking the state to stop incentivizing the proliferation of data centers. Our members have zero attachment to data centers and to artificial intelligence. Um, many of them don't know what chat GDP is. What they do know is that AI is a detriment to jobs. It's a detriment to them because it's being used to deny their insurance claims and their government benefits. It's being used to surveil, track, and deport our people. And it's being used in wars that we did not support. So, this end product does not benefit us. We at Sambrando, we love the perfect imperfection of the human brain and the human heart. And we love our desert. And we're so grateful um especially as an environmentalist who's been here for a while at the hundreds and hundreds of people of El Pasoans who have shown up to your meetings who have shown up to fight the Fort Bliss data center. We know that you were there that you heard what we heard and that our community does not support this industry. Per the Texas Tribune article that's part of your backup um today. Texans will lose at least $3.2 billion in sales taxes. And we can just imagine what students with disabilities, what survivors of unnatural climate change driven disasters, what um small businesses could do with that money. And so, please, please prioritize um our community, not only locally, but at the state level. Your voice matters. And we are in far west Texas, but we're still in Texas and we deserve to be heard and to be properly funded. Thank you so much. >> Thank you. >> The next speaker is Virginia Beltran. >> [applause] >> She will be followed by Saul Gonzalez also on the same topic. >> Good morning. >> Good morning. >> Good morning. Excuse me. Good morning everyone. My name is Virginia Beltran and I am a lifelong resident of Al Paso. I was born and raised here and I have voted in every election for the past 35 years. I have seen different administr administrations come and go, but the one thing that I have seen in every administration is that they want to make El Paso a better place for all of us who live here except till now. This is the first administration and the first time that I see a city council and a mayor who are willing to burn El Paso to the ground. These data centers are not a good are not good for the growth of El Paso. They are not good for the tourism. They are not good for our residents and they are not good for our environment. The only thing these data centers will do for El Paso is ruin it. I am here to ask you, city council, please, please break the meta contract. The decision is the decision to allow MEA to proceed as planned is beyond irresponsible. It is immoral. What are we supposed to do after you all with all your unwillingness to fight for the people you are supposed to fight for have contaminated the water. It all comes down to one thing and the choice is yours to make. You can be the administration that saved El Paso and made a better place for the future generations. Or you can be known as the administration that destroyed it. Right now, all of you that remain unwilling to break the deal with MEA, Miss Chavez, Mr. ADO, Miss Maldonado Roachcha, Miss Boyer Tjo, Mr. Nino, Mr. Fiero, Miss Lemon, Mr. Canales and you, Mayor Johnson, know that we will remember what you did and you failed to show when you failed to show the courage to fight for us and to keep our water safe. We will remember and future generations will remember that you destroyed El Paso because you you followed your wallet and your campaign tra contributions and ignored us your constituents. Thank you. >> Thank you. >> The next speaker is Saul Gonzalez. [applause] >> Good morning. Uh good morning, mayor uh city council. Uh my name is Abel Gonzalez. I'm an organizer with San Brandos Baransa and a resident of district 3. Um I'm here today supporting item 63. Uh as this item intends to push for stronger state regulations on data centers. We do need uh higher standards, transparency, and accountability from these data center companies. But I want to be very clear, regulation alone, it's not enough. focusing on the tax incentives only. It's not enough. For months, the city held listening sessions across the city to discuss the concerns of data centers from the community and both inerson and online conversations. The message from the community has been consistent. El Paso does not want data centers. These projects are a threat to our water, our air, and affordability, and the long-term safety of our region. In a desert community like ours, we cannot afford developments that put additional strain on already limited resources. While we appreciate the effort to build future frameworks for data centers, my concern is why are we planning on taking and talking about future data centers when the community has already said no? We must do everything we can to stop existing and future data centers in our city, county, and state. Tax incentives are an additional injury to us on top of the environmental e and ethical cost. I am asking you to join the community and say no to data centers in in our desert. Also for the people that want to get involved, um you can visit San Baros Baransa 915 and just get involved because uh I just came from a conference in Georgia, a national um conference where a lot of people were talking about the impacts the data centers are having in local communities and we cannot stay state silence. Um there's a lot of people and support. Uh you're not alone. We're here with you. We need to push this um data centers to do better and not in in our desert. So, thank you for your time. >> Thank you. S >> the remaining speaker signed up to speak on item 64 and item 64 is a presentation on the ALPR flock program utilized by the El Paso Police Department. The first person is David Espino, followed by Roberto Avalos. Good morning. >> Morning. >> Morning. My my name is David Espino and I'm here in opposition of uh agenda item number 64. And I have a information that has come out just in the last two weeks and up to a month. And a lot of that has been found out about the vendor Flock Safety. Um, but I want to talk about promises. Flock Safety's own transparency portal, the document that the city is pointing to as proof that this system is trustworthy, makes very specific promises to El Paso residents. Uh, it says facial recognition is not detected. It's clear on the website. It's clear on the portal. Uh, it says data is never sold to third parties. It says access is limited to authorized law enforcement personnel only. However, every single one of those promises has a documented contradiction, not an allegation, but a document on facial recognition. Flock safety uh holds a US patent number 1416545. Again, US patent number 11416545. And in this patent, it describes facial facial recognition capability. Again, this patent is owned by Flock Safety. The portal says that the cameras don't do it. Flock's own patent says they can. On data sales, in February of this year, uh Flocks rewrote their terms of service. Um it happened actually just before our last uh meeting regarding the on March 3 regarding flock and among 147 changes they deleted the clause that explicitly prohibited the sale of customer data. When asked why, they said that the that it was redundant. But if it was redundant, why did removing it require 147 other changes at the same time on access being limited to law enforcement only just last month in uh Dunwy, Georgia obtained event logs through a public records request. Um, in those logs, which Flog has not disputed, shows that eight Flog sales employees access the city's camera network over 480 times. This includes cameras inside a private community center. A Flock vice president opened a camera labeled clearly labeled gymnastics. A business development manager accessed cameras pointed at a pool and gym facilities. Flock's explanation was that employees were using the live police camera networks for sales demonstrations to show potential customers what the product looks like. That means that El Paso's cameras carry the exact same risk today. Right now, El Paso's portal makes the same promise that Don Woody's um portal made. >> Thank you, sir. You've reached the three minutes. >> Thank you. >> Thank you. The next speaker is Roberto Avalos, followed by Mayasu, >> followed by Harry White, Alejandro Diaz, and Kayla Salaiis. >> Good morning. >> Good morning. Good morning, city council. Mr. Mr. Mayor, thank you for for your time at this matter. Starting with my speech in El Paso, we spent we are spending over $700,000 in grant funding to install around $150 cameras, that is roughly $4,700 per camera per year to photograph every vehicle in this city all day, every day. And I'll be honest, for $4,700 a year, I didn't realize we were investing in high-end photography of license plates because that's what it is at its core. a system that takes very expensive pictures powered by AI, not even human beings. So, the question I'm here to ask is simple. Is this the best use of the money to actually make our city safer? Because every dollar we spend is a decision. And right now, it feels like we're choosing cameras over people. We're choosing surveillance over response. We're choosing observation over prevention. Because, let's be real, cameras don't respond to 911 calls. They don't show up in a crisis. And they don't save someone's life when in the moment they need it. People do. So I have to ask, how are we comfortable wasting hundreds of thousands of dollars into a camera system while we still struggle to invest in the very things that make that actually protect human life? Because the same 700k could have gone through towards hiring emergency responders, reducing 911 weight times, expanding mental health crisis units, and investing in youth and prevention programs. But no, instead we're spending thousands of dollars per unit, not spending, sorry, wasting for a system that watches, records, and waits. Now, this isn't just happening here in places like Flagstaff, Cambridge, and Stanton. Cities across the country, dozens of communities have are stepping back from these systems. Not because they don't care about safety, no. But because they're asking the same question I'm asking tonight, today. Is this really the smartest investment of our money? Because yes, these cameras might help solve crimes after the fact, but they don't stop them in the moment. They don't intervene. they don't prevent. And when we prioritize systems that watch over systems that act, we're making a statement about what we value. So, I'll leave you with this. Public safety is not about how well we can observe a problem, but it is about how quickly we're willing to respond to it and how much we're willing to invest in the people who actually save lives. Before I finish, I want to step away from the council for a moment and speak to the people in this room and those watching. Because if you've been here before, you know how this goes. We come here to speak. We we come here to act and we share facts, stories, and concerns. But then we sit down and nothing changes. That is frustrating. It's exhausting cuz I feel that way. And honestly, it can make you feel like your voice doesn't matter. But it does because change in this city does has never started up there. But it starts out here. It starts with the people who keep showing up. People who keep speaking even though no one feel even though it feels like no one is listening. People who refuse to accept that this is just how things are. So if you're sitting here tonight or watching and you're frustrated, good. Stay frustrated. Stay engaged. Stay keep asking questions. keep showing up because the moment we show up, we stop showing up is when nothing really changes. And this city deserves better than that. We deserve better than that. You deserve better than that. Thank you. >> Thank you. >> Next speaker is Maya Sue. [applause] Maya Sue, followed by Harry White, Alejandro Diaz, and Kayla Salaiis. >> Good morning. >> Hello. Good morning, uh, Mayor, City Council. Nice to see you today. Um, my statement today does encompass both items 23 and 64. I am taking a huge risk in letting everyone know publicly that my personal expectation is not to be under constant surveillance and it is not about whether I'm doing something illegal or not. And it's never been about that. It is 100% about my right to individual privacy and ensuring my personal safety. Thus far, we've been told that this type of monitoring is a necessary risk meant to mitigate crime. Yet, in the last year since its implementation has made a negligible impact. This risks continue to outweigh the benefits. Flock safety surveillance system as a whole is terrifying for someone like myself and countless others who have survived domestic violence within relationships with federal and local law enforcement across the country. Bad actors have potential access to every flock camera and their systems, including but not limited to those who have put their hands on me in anger. Those who have terrorized mentally when I said no, those who have cursed me as a 15-year-old girl, those who explained to me in fine detail how they would make me disappear. All of them will have access to my new life and my real-time locations as well as those of my children with no good intentions. How many of us have to accept this new reality with zero say in the matter? I know I speak for every person who has experienced this or is currently experiencing this fear. A weekly audit won't save me. I hope you'll consider this when the contract renewal comes up for a vote and uh please visit the deflock elpaso.org website. Thank you for your time. >> Thank you. >> Thank you. >> The next speaker is Harry White. [applause] >> Harry White. Alejandro Diaz. Mr. Diaz, if you're in the queue, star six, please to unmute your telephone. >> And my answer is that person. I'm sorry. >> Go ahead, Mr. White. >> Okay. Sorry. >> Go ahead. >> Just to make sure. >> I didn't see you, sir. Go ahead. >> That's okay. I was in the back. >> Good morning. >> The camera. Okay. Uh, pleasure, y'all. You've heard from me before. My name is Harry White. I'm a representative of District 2 with Mr. Josa Seedo. I am a longtime Northeast fan lover. So, M TCO, we've talked before. I love the Northeast from Chaparal all the way to like central area. I am here to speak against the data centers. I don't want the Northeast to be crushed, to be taken advantage of like it's always been. I am a Northeast supporter. I am an El Paso fanatic. I want to make sure that you guys know the vote that's happening today, the kind of action item on the data center is really important to many folks across town. And I am part of the workingclass communities in El Paso that deserve better that deserve better treatment as they always have but seems to not happen. So, I think it's very important that we break the 380 deal. The Northeast and El Paso deserves better. I have an 11year-old who um a majority of time lives in uh Miss Drew's district with his mom far northeast El Paso and this would be a negative impact to them. We know that there are going to be water impacts. There's going to be a gas plant. These are things that are hurting the community. I made this drawing just so I can be focused on screen for a second. Don't let data centers drink your water. Fight back. Just so I can encourage the local community to fight for what they deserve and data centers don't benefit them. Um, just to keep it simple, I also want to say I am also against the flock cameras. I don't like my community that I love to be surveyed and I think they all deserve better. So, thank you guys for listening to me. I wish you the best. >> Thank you. >> The next speaker is Alejandro Diaz. Alejandro Diaz, if you're in the queue, star six, please to unmute your telephone. Alejandro Diaz. I don't see his phone number in the queue. Kayla Salaiis. Kayla Salaiis. She signed up for item 64. I don't see her coming forward. So, that concludes public comment on agenda items. We'll now move to call to the public. The El Paso City Council is a local government body charged with serving the citizens and the meetings must be focused on the meeting at charge. The city council meetings are public meetings under the Texas Open Meetings Act. Public comment is an accommodation and not a requirement of city council. All persons in attendance are expected to display civility and decorum that is respectful to other persons without the use of insulting, profane, threatening, or abusive language. Public comment will not be used for personal attacks, nor may any member of the public use this forum for political statements or campaigning. Please note that during call to the public, the city council may not deliberate or decide any subject that is not on the agenda. However, council may propose that a subject brought forth be posted on a future agenda. This morning we have over 30 people signed up to speak during call to the public and as per the rules of order a maximum of 60 minutes will be allotted for call to the public of each regular city council meeting and the 60 minutes will be uniformly divided among those who have signed up to speak. So this morning since we have over 30 each member of the public will have two minutes. We'll begin with Elizabeth Crawford followed by Albert Ria Claudia Contra Siller Ron Ko Olga Gonzalez Miss Crawford good morning star six please to unmute your telephone and you will have two minutes and Miss Crawford's topic is abortion statistics >> thank you good good morning thank you as we approach a day in May to honor our mothers we as proifers have read this sad report the planned A report that recently came out records a record high of over 434,000 abortions from fisc fiscal year 2024 to 2025 almost half a million. Um I would argue that the real number is probably far higher if we consider that morning after pill which can potentially cause a very early abortion. Basically expelling from a woman's body any egg that may have been fertilized. Life does begin at conception. The state of New Mexico is planning to expand abortion at an alarming rate. Abortion without restrictions till full term. And many of the clients are from Texas and from El Paso. We read in God's word, Lamentations chapter 2. Arise, cry out in the night. In the beginning of the watches, pour out your heart like water before the face of the Lord. Lift up your hands toward him for the life of your young children. That passage was written as a lament over the suffering being experienced by God's people, the Jews, when under the judgment of God. Yet, the principle of the passage can certainly be applied by extension to America of 2026. In New Jersey, I've often served on the sidewalk with a young lady who grew up in the inner city. She's often able to speak with young ladies that wouldn't give me the time of day. She she's from the inner city and she has the story. she she went through an abortion. The pro-abortion lobby has done an effective job of converting much of black America and white America to its agenda and sadly it has now managed to convince much of the Latino and Latina American community. I would argue that Hispanic Americans have become the new focus of the abortion agenda in our nation. Again, Lamentations chapter 2, arise, cry out in the night in the beginning of the watches. for your heart like one. >> Thank you, Miss Crawford. Thank you, ma'am. You've reached the time allotted. The next speaker is Albert Ria. >> Albert Reetta's topic is noise ordinance and police response and code enforcement rules. He will be followed by Claudia Contra. Good morning. You have two minutes. >> Good morning. >> Good morning, mayor, and everybody here. My name is Alberta. I live at 537 West Franklin Avenue in El Paso. 79901 is the zip code. The problem I'm about to address here has been going on since 2016 with two bars and located in the El Paso San Francisco Heights area. The bar called Hush Hus and Later L later. These two bars are starting to act like three-legged monkey and the dirty laundry. I talked to your your chief staff mayor Cynthia Kano and I gave us some information about what I'm going to address to you all today. The sound decimal in this situation is too loud. When the property lines touch each other, there's no distance between my house and the lady and the husbar. There's some with the lady litter around the corner on Coldwell. The 70 decimal is too loud. I want to get it lower to 50 if possible. this project uh this um let's see these bars are in an abnormal setting which is in a which is in the neighborhood. Okay. Um both bars have received over 80 citations for violating the ordinance law. 80 citations. The recent ones which happened week before last were at 85 decimals on Friday and 90 decimals on on Saturday. Okay. We don't have anybody out there trying to do to keep this noise ordinance down. Mr. Armandas, the city attorney, hasn't done a thing about keeping these bars accountable for the noise that they're making. Okay? They can be fined up to $1,000 a ticket. And I don't know if they've been fined anything at all. I need you to look into this as soon as possible with your and I would like to have a meeting with you and code enforcement officer of the Alvarado if possible. I appreciate your time. >> Thank you. >> The next speaker is Claudia Contra Siller. Her topic is second chance wildlife. She will be followed by Ron Ko. >> Good morning. I want to speak about a lot of things. want it sober streets movement, second chance wildlife, back up the police officers, uh, back up the cats that keep suffering cruelty in the streets and against the data centers. But I only have two minutes, so I'm going to start with that. Yesterday it was the sober streets movement and I had the pleasure and the honor to represent a family of veterans. This is Kimberly Espinosa. She was run over by a drunk driver. Her dad is a military. It's a veteran and he couldn't make it to the to the meeting because it's too hard for me for for him. He fought for us at war. He had a he has a huge scar in the back of his hair because his head because he went to war. But what really uh it's hurting him is the loss of his daughter Kimberly Espinosa, a beautiful young lady. And Sober Street's movement is leaded by Jesus Christ. They're doing everything they have they can and I think it's the most important thing I've heard in city council since I've been here a year and a half coming here listening to everything and they deserve the entire backup of the community. They deserve for it to be escalated for all the requests they have to be done. I've seen a lot of people suffering about drunk drivers. Also, I want to speak about our only wildlife rescue. She doesn't receive help. animal services sends her the wildlife and she has to come up with the funds and she requests an ordinance to get the pigeon trappers um you know accountable also I want to mention I'm a cat advocate a lot of cat dead cats are appearing on the cemeteries I want an ordinance and I want a full investigation they keep appearing and I don't care if if it's religion that there's keep sacrificing I want a request for the police department to go after those people that keep sacrif sacrificing our animals. Please back up the blue. And they should be first to speak whenever they come and ask for funds, not at the last. Thank you. >> The next speaker is Ron Ko. Mr. Ko's topic is exercising his constitutional rights to the rescue 1983 animal services. He will be followed by Olga Gonzalez. >> I dropped them off yesterday. >> Yes, sir. They were they were shared with city council this morning. >> Oh, so they've already seen >> Yes, sir. >> Good morning, Ron. >> Okay, cool. Good morning. So, you guys saw the pictures of the post by Best Friends, Animal, whatever they want to call themselves today, stating that El Paso Animal Services euthanized a thousand less strays in 2025. That's compared to 2024. So, let's discuss this. 3,02 strays in 24 were euthanized. 2973 were euthanized in 25. This is information from El Paso Animal Services Shelter Reports. That's a difference of 31, not a thousand. Manipulating the numbers is one of the things they do best. Now, just to give you something to think about, in 2019 it was 2533. So, we're still looking at the fact that 2019 shelter plan worked better than everything we've done since 2019. Okay. We have indied, lost in cared and euthanized a total of 50 or 5,60 and 24 uh 4,28 and 25 and 3647 in 2019. How many people think we were doing a better job in 2019? I think we need to get rid of Best Friends. Obviously, we're still dealing with them because they're making posts on national pages. The other thing I want to talk to you about real quick is it's been brought to my attention that we are so overcrowded at the shelter. They're putting dogs in in uh closets. They're putting them in cages on in the hallways. Why are we not finishing Morehead? Some of you people voted for it to be a fullervice shelter, not just an extension of the Times building, which is what Terry wanted and Terry got. You voted for it. Fix it. I don't want to hear we're overcrowded. I don't want to find out dogs are being because you didn't finish Morehead. The next speaker is Olga Gonzalez, followed by Ortencia Areno Chavez, Rosario Morales, De Mirabal. They've signed up to speak on a Sun Metro bus stop. Conception Morales also signed up, but I was informed she will not be speaking. So, Olga Gonzalez followed by Ortaniano Chavez. >> Good morning. You can follow along with a QR code on this monitors. Gonzalez Gonzalez. Chairman Foreignech. Gracias. Bye. >> Thank you. The next speaker is Ortencia Arianiano Chavez followed by Rosario Morales de Mirabal Cosmeto Elisa Chavez Marena Bautista Cindy Lealupe Kamacho. They've also signed up to speak on a Sun Metro bus stop. Good morning. >> Good morning. Sherman. for Thank you. >> The next speaker is Rosario Morales debal. Rosario Morales. Cosmeoto. Cosmeoto. Elisa Chavez, Marilena Bautista, Cindy Leal, Francisco Leal, Gualupe Kamacho Rosario, Rosario. >> Good morning. Good morning. >> Good morning, mayor, city residents council. Um, we residents of Sherman and Rich Plaza are asking you to please help us for bus 65 to continue stopping at the stop bus stop where we live. It's too far for us to walk to where Sunro wants to run this bus on Delta and on Boone Boon to get to Boone Street. The pavement is ugly. People that work or go to appointments that need to take another bus too. There are some in wheelchairs, canes, walkers. I myself am a volunteer serving five days a week for four to five hours each day and I need it. I also need to take a second bus sometimes, not all the time. I have Sun Metro Lift but can't afford to pay 25 to $30 a week to go give my service. Also, Sun Metro wants us to walk to take a bus on Alama to go get our groceries when this bus 65 goes there. And I tried walking without groceries from UMC, where they want us to go to where I live. It took me 18 minutes to get there. halfway. I was dragging my feet and hurting a lot. I have neuroscopy, planters faciitis, arthritis all over my body, especially in my pelvis. It's dangerous and dark to walk to this places where San Metro is planning for bus to run. We ask for it to run to Buena Vista also and to turn to uh Delta there so we can go get our groceries. We thank you for your time in hearing us. Thank you again. >> Thank you. >> Thank you. >> The next speaker is Sarah Enandez. Sarah Enandez also speaking on the Sun Metro bus stop. >> Okay, we'll move on to Juan Benites. Mr. Benites's topic is ability to add an accessory dwelling unit ADU for himself and his neighbors. He will be followed by Luis Ruiz. Hi. How you doing? >> Good morning. How you >> doing? >> Good morning. >> Um, >> I want to build an ADU and, um, and some somebody left their glasses, by the way. Someone left their glasses. >> Oh, thank you. >> Yeah. So, uh, I want to build a ADU. I I have a detached um uh garage and I I know a lot of uh people in the subdivision have some similar things like that and I think it could help uh the neighborhood uh revitalize to have ads in our neighborhood. We I live in Lincoln uh Lincoln Park. And that's all I really had to say. If you guys can uh change the law so uh people have ADUs in neighborhood. Also, I think it would help businesses in the neighborhood since there there's a lot of empty spots right now in in uh Alama um what's it called? um Chelsea and Montana that that shopping area seems to be dead. So that maybe that will vitalize the neighborhood. >> All right. Thank you. >> Thank you. >> The next speaker is Luis Ruiz. Mr. Reese's topic. Mr. Ruiz, star six, please to unmute your telephone. Luis Ree, his topic is national security report sent to President Trump. Go ahead, sir. You have two minutes. >> Can I have three minutes? Because we we we lost a bunch of speakers, so there should be time for me. I need the three minutes if I can, please. Can I have three minutes? >> You'll have two minutes. >> Hello. >> Go ahead, sir. You may begin. >> My name is Luis. Okay, I'm going to start now. My name is Luis Ree. I'm an El Pasan. I was born here. I live here and I am standing here today because the city deserves the truth. I used to work in econ for El Paso with red coat. I left when I got certified as an economic development professional and learned that publicly funded baseball stadiums are ranked 49 of 50 ways to grow a local economy and an international body that certifies professions in this field cautioned against it. I quit. El Paso built the baseball stadium anyways. They tried to build an arena and it failed. Three days ago, I mailed a national security briefing to Donald Trump about El Paso. I want this council and everybody watching to know what it is and why it's necessary. Hunt mil Hunt Military Communities, a subsidiary of the El Paso based Hunt Communities, paid $500,000 to settle a federal fraud case in 2002 2022. They submitted falsified maintenance records to collect bonuses they didn't earn. Last year, the Department of Defense owned inspector general confirmed it. Military h military families moved into homes with documented health and safety hazards with taxpayer money. It happened. It's on federal record. The chairman of that company, Woody Hunt, is the founding chairman of Border Press Alliance, the organization that shaped economic developments in this city. I want to ask this council directly. When was the last time you scrutinized that relationship? When did you last ask why a company with a federal fraud settlement and an inspector general findings should be the dominant force in our city's governance? Because our local media doesn't ask. The briefing documents ask why. President Trump knows that you have been running active measures privatized from the resilient cities. The SPLC indictment that came down this week proves that non-governmental organizations, the government structure of the city, they have made up boogeymen. We cannot continue to allow Woody Hunt to run governance. >> Thank you, Mr. You've reached you reached the time allotted, sir. >> The next speaker is Marius Ruha. Marius Ruha. The topic is resolution with issues with the airport lease at three Butterfield Trail Boulevard. >> Good morning. >> Good morning, Mayor Johnson, uh, Representative Rocha. And, uh, city manager, Miss Mack. [cough] Just want to take the time right now. I have a limited time, two two minutes. I feel this is a u as a physician it's it's a twominute er life or death irreparable damage intervention. Um right now we are not able to serve over 20,000 veterans, active duty and families at Fort Bliss and this area. We have been shut down, locked out of our building as of Saturday without notice, without posting, and without collaboration from the city or the former director of aviation, Tony Navarez. For the past two years, we have attempted to create a amicable, clear, win-win situation to create solutions. And we have been stonewalled for two years without a lease. We've been put on a month-to-month and therefore damaging not only the community, the veterans, but also seven businesses in the building that are or were currently serving the constituents. We have solutions and they have been not heard and we have not had an opportunity to do it. I asked that we have immediate meeting with Miss Mack. I appreciate it. As a uh as an immigrant political refugee from Romania and receiving my first opportunity to be in the United States in Brooklyn, New York, Flatbush, going through ESL, I represent this community. I raised my family here, five children, one of them state champion, first African-American, 6A champion, and tennis singles representing El Paso. also raised seven foster children here in El Paso and an ordained minister from Unity Mission Baptist Church in the Devil's Triangle ordained by Pastor Oi Kirk. God rest his soul. So in reference to that, one thing is this. My mother always asked me, you have a choice every day. You can make it better or bitter. I choose the higher of the two. I see in front of me solution. I see in front of me opportunities to make things right and not make things irreparably wrong. I represent you the community and also you represent me and the community. I ask for collaboration solutions. We have had the solution. a buyer for the building for more than 30 days. >> Thank you, sir. >> And no one has responded. I just asked for communication. Thank you and God bless you. Thank you so much. >> Speaker is Sean Harold. >> Sean Herald, also speaking about the Three Butterfield Trail Land Lease Contract. >> Good morning. Good morning. I'm sorry I was prepared for this, but um I I'm represent Kul Paso Sports. Um we've been filming sports in El Paso uh for over 10 years now. Basically um helping kids get um scholarships and and uh just to feature how cool El Paso is. That's what our name is about. Um everybody talks about this city being uh you wanting to move out when they when you're graduating from high school and stuff. And I try to keep people here and showcase that we can produce D1 athletes um and and provide scholarships to them and and help them out. Um I do that by giving them a digital platform. A couple years ago um Marius Roua and at Three Butterfield offered us a studio to be there to we're doing podcasting there um showcasing our youth, helping them um get heard, get seen um hopefully get scholarships, you know, and that's that's the name of the game. Um we were just about to roll into starting a a new uh gym facility um to help train these D1 athletes as well. Um when we came in on Saturday um to start working with the gym, it was locked. Um so um I just ask you guys to please hear him out um and work with them on a contract for resolution for that property. Um because we want to be able to continue to serve the El Paso community and show how cool El Paso is, you know. So um that's what we do. Um so thank you very much for your time. I just wanted to to speak on behalf of that. Thank you. >> Thank you so much. >> The next speaker is Jose Miguel Reyes and the next few speakers are are their topic is meta data center. Jose Miguel Reyes will be followed by J Mania, Joshua Drew, Mary Mania. >> Good morning. >> Good morning and city council. My name is Miguel Reyes. I'm a member of a maner people's project uh a UTEP alumni and a resident of district 7. After countless of public meetings, hundreds of thousands of posts and comments online and hundreds more conversations, what what will it take to understand that no one wants these data centers? Um, do we have to wait until um people uh and in our communities run out of water, until families living near this uh data center develop chronic conditions due to the noise pollution? Um, and or until more and more graduates from UT leave home because they don't see a future here in El Paso. What will it take to do something about it for um the power that the council has um in stopping the contract and stopping the project for the data center? Um and I know some of you care for this city as much as I do, but we need action. Uh and I I know as much as everyone in this city does that no one wants these data centers. So cancel the contract. Um have no more like uh data centers or more contracts with data centers in the future. Um that all they want to do is leave people hanging and dry because they wanted to win a race to the top. Um because our futures depend on it. So thank you. >> Thank you. >> The next speaker is Jay Mania followed by Joshua Drews. >> Good morning. Good morning. I'm Jay Mania. I'm a community organizer with Maneta People's Project and the majority of my work focuses on organizing the communities who are fighting to protect their land and water rights from imminent domain. So, [snorts] believe me when I tell you that I have seen firsthand what happens in these communities who tie their economic development to parasitic companies like Meta. All around the state, I've met and formed bonds with people who are suffering. sick children whose drinking and bathing water is so toxic that they have developed leukemia. Boil water notices in communities for 30 plus days in a row. I've seen entire neighborhoods whose wells have run dry and are now left without water completely. And now in my own city, I'm seeing the same issues. Each and every one of you are part of our community. You eat at the same restaurants, breathe the same air, and drink the same water as we do. I would like to think that you love El Paso as much as us. We choose to live here. My grandparents are buried here. I'm raising my daughter here. This is our home. There were 400 of us at the town hall a couple months ago and hundreds more at the meetings around town. It is clear that nobody wants this. The precedence is here. We understand already what it is like to live in an oil field or next to a mine or smelter plant. And now you all would be the next generation of leaders that are making people live next to something that is going to shorten their lives. We are asking you to fight. The line has been drawn. If you choose to trust Borderlex, the company that got us into this terrible deal, the company whose CEO publicly stated that the anti-data center sentiment is a virus on our community and a call to arms against us. If you choose to stand with Meta, a company who is owned by one of the richest people to ever exist in humanity, I assure you that we will vote every single one of you out in November. Listen to the people from your community and break the deal. >> The next speaker is Joshua Drews. Joshua Drew, if you're in the queue, star six, please to unmute your telephone. Joshua Drew, star six, please to unmute your telephone. I don't see his phone number in the queue. Mary Man, star six, please to unmute your telephone. Mary Mana, star six. I don't see that phone number in the queue either. Habiba Khan. Habib Khan star six please to unmute your telephone. Go ahead. You have two minutes. >> Hello. >> Go ahead. You have two minutes. >> Perfect. Thank you. Hi. Good morning, Merit Council. My name is Habiba Khan. I'm here with Amen and uh I'm a resident of district 1 and alumni of UTEP as well as Texas Tech. I'm here to address the 10 billion shadow cast over the city's future by the meta data center. This community stance, I think, has been made clear. We've seen a massive turnout for the people's town hall, and there's unified opposition towards these data centers. Um, one thing I do want to say is that no deal is done if a corporation fails its moral and legal obligations to the people. Um, there's some things that I wanted to mention. I think first, we have to confront Meta's aspirational dishonesty. They're marketing water positivity, but their legal text is very vague and that's pretty dangerous. We were earlier in this meeting talking about St. Francis of Aiki who views water as a sacred gift. And yet Meta here is in our city treating it as a commodity to be mined and by swapping green energy for gas fired power, they're actively violating the principle of life sustaining resources belonging to our residents. Um, and I don't think it's a good look that the council is kind of selling this uh water resource to the highest bidder. The facility also sits on the doorstep of El Paso's most vulnerable families, those that are already bearing the heaviest burdens of these riding rising utility costs. Um, to place this water glanding giant in their backyard is literally an affront to their dignity and especially as us who are supposed to be taking care of our most vulnerable residents. It's it's kind of embarrassing. Um, we also can't allow a bait and switch that leaves our neighbors, who we were referring to earlier and throughout this conversation, in the dust and in debt while Meta takes the profit. Um, so I'm calling for three actions. A performance audit of the chapter 380 agreement that you've had. Um, things like if those 50 jobs aren't guaranteed or they aren't local or environmental milestones aren't missed, then the 80% tax. >> Thank you. You've reached the time allotted. Thank you. The next speaker is Alejandra Lopez. Alejandra Lopez, Ariana Aker, followed by Vanessa Almada, Bruce Green, Maria Torres, Miguel Escto, Gordon Thatcher. >> Good morning. >> Good morning. My name is Ariana Gonzalez. I am here once again to vocalize my opposition to the establishment of any and all data centers in our region and to ask that you recognize the weight of your decisions in this moment. By now, I have been to your meetings which asked us for our input on future data center presence. I hope you all read all of those sticky notes and took notice of how very much we reject the idea of sharing any part of our land, air, or water with a structure that was created to challenge our very existence in ways you are now very familiar with. I hope that our collective descent can appeal to your humanity and basic sense of survival since you too would be threatened by the effects. Unless you plan to sit in office, extract our resources, bleed the city dry, and then move to another more suitable place. Surely that is not your intention. We are tired of being told that breaking the 380 agreement with META cannot be done. Meanwhile, they have been allowed to amend that contract again and again to accommodate their needs without barriers. Can you explain that you have a city full of people who are counting on you to get the pro public service board to break the agreement with Meta? It's not just the people in this room because many are not able to be here, but all of the very scared citizens out there who are just trying to get by and live in peace in this city that they chose out of all the others. and it's all of the little ones who are betting on a future here because this is their home. By now, I have heard that this contract with Meta signed off in 2023. That is very unfortunate and it does make your task of breaking with the contract harder. I understand that. But there was a time that you all convinced the majority that you were the best person for the job. So, do your jobs. You were elected into your position by the people and are therefore responsible for making moves that protect our community. not selling us out to corporations who have no interest in seeing El Paso thrive. That is the bare minimum that we can ask for. >> Thank you. You've reached the three minutes. Two minutes. The next speaker is Vanessa Almada. [applause] Vanessa Almada. Bruce Green. Mr. Green, Star 6, please to unmute your telephone. Bruce Green, I don't see the phone number in the queue. Maria Torres. Maria Torres, star six, please to unmute your microphone. Miss Torres's topic is new service offered and I believe it's at Butterfield Trail. Go ahead, Miss Torres. You have two minutes. >> Good morning. Can you hear me? >> Yes. >> Okay. Thank you. Good morning. My name is Amy Levelvel, but I'm here on behalf of founder uh Maria Lores. She's the founder of New Mexico Family Services. We're asking for a brief window of time to cure the default um that's currently causing the lockout at Three Butterfield Trail. In order to move forward, we'd like to to offer to you what we propose to put in that building, if you'll permit us to. At NMFS, we serve medically underserved families across southern New Mexico and the El Paso region through a fully integrated health care and community support model. It's a long-term system of care designed to stabilize families, prevent crises, and improve long-term health outcomes. Our model is different, but we bring in that we bring all services together in one place and at one time. We provide clinical teaming models where patients are seen by full teams including primary care internal medicine, psychiatric providers, therapists, social workers and care coord coordinators working together in one coordinated session. This in turn allows us excuse me this in turn allows for real compre real-time comprehensive treatment planning not fragmented care. We offer physical rehabilitation and prevention, on-site physical therapy, including aquatics, weight management, injury recovery, preventative care, all supported by licensed therapists, health coach, health coaches, and nutrition planning. We provide structured nutrition guidance and access to over-the-counter nutritional support to help address deficiencies and improve overall health outcomes in a practical, affordable way. We have a fully healthy drive-thru food model, eliminating eliminating unhealthy options and giving families fast, accessible, nutritious meals for busy lifestyles. We offer a behavioral health approach to hands that is hands-on and individualized incorporating tutoring, structured activities, [snorts] art, music, yoga, and athletic programs. >> Okay, you've reached the allotted time. The next speaker is Miguel Escoto. Mr. Escotto's topic is air pollution and drought. And we will need the elbow. >> Good morning. >> Just trying to make sure this >> Yes, sir. They're bringing it up. Yes, sir. >> Okay. Good morning. Um, hello council. My name is Miguel Escoto, a member of Amaneta People's Project and also um I've spent the past seven years documenting oil and gas emissions from the from the energy industry. And so I know a lot about pollution, I know about methane, I know about uh volatile organic compounds, and I know about greenhouse gases. And what I would like for you all to understand about the data centers is that the data centers would double the amount of pollution in your city. That's not an exaggeration. It is not a normal project. It is an existential threat to our lungs. So, this is not normal. Here is a screenshot from a spreadsheet of research we have of the greenhouse gas emissions, carbon dioxide emissions from all of El Paso, including all of the El Paso electric gas plants, all of the transportation, all of the trucks. That's up to about 8 million metric uh tons. If Meta has its way, if they build one gawatt of power, they would exceed that to around 11 million metric tons of carbon dioxide. This is not normal. This is not okay. So, every time this council comes to the public with an excuse about why you can't renegotiate the deal, we are not going to buy into that excuse because of how existential this threat is. It's not normal. It's not any like any other thing that this city has seen. All of these metric tons make people sick, causes cancer, gives people asthma, shortens life, it kills people. So, always remember this is not just about hypers scale AI. This is about the air that we're breathing. And again, I leave you. We're not going to take excuses. You have to renegotiate the cont. >> Thank you. >> The next speaker is Gordon Thatcher. [applause] >> The topic is broken street lights. Good morning. >> Good morning. >> Good morning, Mayor. Good morning, council. Uh my name is Gordon Thatcher. I'm originally from Charlottesville, Virginia and I'm a um I live in the northeast in district 2 and I'm a retired Army veteran and I've been living here about 20 years and I love El Paso. Um the biggest mistake that I made when I retired was I didn't have a hobby. Uh so my wife told me to get out and look for broken street lights. So, [laughter] uh, several times a month I go out and, uh, look for broken street lights that are not working in the city. I understand there's about 80,000 street lights, uh, that we have in service, but I've also noticed that there are thousands of lights that are not working. Um, that I know street maintenance is doing the best that they can to repair them. between I think they cover um I think 50,000 are under street maintenance and the other 30,000 are under El Paso Electric. Uh the biggest hurdle that I've encountered is uh the public is um is trying to identify the street light and where to report it. And when I identify a broken street light, I call 311 the following day. 311 is a great service. Uh they're wonderful. Um but I'm asking uh if I could, this is a little extreme, that uh I like to volunteer my services for free if the city could hire me and provide me a vehicle. I don't have a vehicle anymore, so it's kind of hard to get out and and do this. My goal is to have every street light uh working by Halloween to for the safety of our kids. So, um, if somebody can reach out to me, I really appreciate it. Thank you. God bless America and God bless El Paso. >> Thank you, Gordon. >> Council, that concludes call to the public. Per the rules of order, no use of personal cellular devices, no personal communication should take place on the deos while the meeting is in session. Once you obtain the floor from the mayor, you may have up to 10 minutes for debate and may speak twice per debatable motion. Please speak into the microphone and refrain from side conversations while the meeting is in session. For those of you joining us virtually, please mute your microphones to reduce any background noise. That brings us to the consent agenda. All matters listed under the consent agenda will be considered by city council to be routine and will be enacted by one motion unless separate discussion is requested by council members. Prior to the vote, members of the audience may ask questions regarding items on the consent agenda. When the vote has been taken, if an item has not been called out for separate discussion, the item has been approved. Council may however reconsider any item at any time during the meeting. Mayor Prom. Thank you, Miss Prime. I make a motion to approve the consent agenda with the following revisions. Page 10, item 43, move to the regular agenda for purchasing and strategic sourcing. Page 10, item 44, move to the regular agenda for purchasing and strategic sourcing. Second. >> Okay, there's a motion and a second. Representative Canales. >> Thank you, Mayor. I'd ask that we move item number 23 to the regular as well. >> Thank you, >> Representative Asto. >> Thank you, Mayor. Um, Representative Canales, would you mind if we take item 23 um with 64? >> No, it makes sense to take them together. Okay. >> Okay. Thank you so much. I mean, >> 23 with 64. Miss Prime, did you get all that? >> Yes, I did, Mayor. >> Okay. >> Okay. We have a motion and a second. >> Yes. The motion was made by Mayor Prom Chavez, seconded by alternate mayor Prom Fiero to approve the consent agenda as revised. >> Give me one second, Miss Prime. Represent uh Rocha. >> Thank you, Mayor. And and as you can see on the consent agenda, there's a lot of board appointments and reappoints. And I just want to say thank you to those that have come forward and agreed to be on the board or a commission. Uh there's several in here. So I know I have a couple of appointments, so I just wanted to say thank you. >> Thank you, Mayor. >> Thank you, Miss Bryant. >> Yes, sir. On that motion, call for the vote. and the voting session. And that motion passes unanimously. >> Okay, we're going to take item number 43. >> Yes, sir. Item number 43 is the award of solicitation 2026-0211R purchasing assessment consulting services to Calyptus Consulting Group for a one-year term for an estimated amount of $94,880. >> Is there a motion to approve? Is there a second? Okay. Good morning. >> Good morning. >> Good morning. >> You have a presentation on this item? >> Yes, we do have a presentation. >> Okay. >> Okay. Good morning, Claudia Garcia with purchasing and strategic sourcing department. So right now we're presenting the uh recommendation to award this contract for the purchasing assessment consulting services. I'm just going to give you a brief description of uh the procurement uh as we do with all our items. We had 26 views online. We got four proposals uh one coming from a local supplier. We have not received a protest for this requirement and we're recommending award uh to the highest ranked offer uh for this uh procurement. Um and let me go over the presentation. So this is a timeline that we are uh using for this uh procurement. We had the construction feedback forum back in October of 2025. Uh around November uh city council approved the action to um or provide a directive to issue a solicitation to assess the purchasing department that was approved. Around that time uh we were working on the scope of work and uh reviewing the items that were going to go into the solicitation. City council was provided an opportunity to review that information and then the solicitation was advertised December 16th. Uh we had opening uh we uh had a proposal meeting uh around uh early uh January. Mid January we opened uh the solicitation. That's when we got uh four proposals. the committee evaluated and now we're presenting the award recommendation for this uh item. If awarded um we're going to be including part of the scope of work of the solation. It is just in alignment with what uh city council requested us to to include as part of the solation as provided in the scope of work uh to you uh back in uh December November December time frame. So this uh consultant will be meeting with the city council to go over uh the feedback that you want to provide as well as with the community so they can get the the feedback and at the end provide actionable recommendations for the department uh so we can be more efficient, transparent and uh like overall effectiveness for the department. Uh these are some of uh these are the deliverables that we included as part of the uh the consultant uh scope of work in the solicitation. They're going to be helping us update uh our policy manuals and templates as well. They're going to be benchmarking against similar cities and they're going to be also providing um best practices that are relevant to to the department as well as uh they're going to help us keep in compliance with federal, state, and local regulations. Uh part of the deliverables will be also to give us documentation about all those meetings that they're going to be having with the city council, the community uh business community uh as well as user department. So to report out on the the the assessment, a final report is going to be presented to you including process improvements, metrics, technology and software recommendations or anything that we need to do to to get uh better at what we're uh we're doing. So they're going to be providing an implementation plan and so now we're recommending we're recommending award to uh Calipus Consulting Group Inc. for this uh item. >> Okay. Representative Chavez. >> Thank you, Mayor, and thank you, Claudia, for the presentation. Um I've been anxiously awaiting uh for this day. Um I wanted to give the community a little bit more context on how this came to be. So I know that on slide two your timeline begins in October, but in reality, you know, we began working on this way before then. So um just just to uh remind everyone uh last summer in July on the 21st, we had our very first work uh session presentation regarding the procurement sourcing policy and process. And then we had a second session on August 4th. And then we had a third session on August 18th, which were very helpful, I think, for all of the council to learn a little bit more about your department and the the process that you go through for procurement. Um after that on September 23rd um Representative Maldonado Rochce and I sponsored an agenda item to uh direct the city manager to organize a feedback forum for contractors and people that do professional services. Um I know that one of those two forums have taken place as your timeline mentioned in October which was the 23rd and I think it was a very successful event. A lot of people participated in that feedback forum and I think we got a lot of valuable information after that. Um then November the 4th was when uh Mayor Johnson um oh yeah November the 4th was when Mayor Johnson put the agenda item to hire this consultant. um which was a great idea and part of the process in in you know basically seeing what improvements and what um feedback we could get from a consultant. I'm uh excited and um very happy to report to the community that we are all putting our minds together just to review our processes and see if there's any uh room for improvement in any of those things. Some things that we've talked about in the past through those work sessions, through the feedback forum and in conversation with people in the community that already do business with the city of El Paso are things um along the bid scoring process, the raider selection, the vendor performance evaluation reports. Um and I think that there has been a lot of vendor outreach done by your department and and others and I'm very happy to report that. Um but I know that the procurement process is a critical function of city government and we here on council every time we come before the dis we are always approving contracts and so um just seeing how this process can be um you know uh compared to others cities and and other people how they do it um I think it's important so that we can make sure that we are being good corporate partners with others in our community Um, and I'm just happy to see that we are finally here awarding a contract to this consultant and I look forward to collaborating with that consultant and hopefully bringing uh tangible results to the community. Thank you so much, >> Representative Rocha. >> Thank you, Mayor Ditto. But Kelly, no, thank you. I I appreciate all the work that you and your staff did on this. I know it was uh procurement is something that is very complex and I'm not going to admit that I am a a an expert in it. I'm very grateful that you've provided the information and the guidance so far. I know that your department does a lot of wonderful things well already. uh to to Mayor Prom Chavis's point, it's just to be able to maybe get a little bit more pointed, improve on some areas. So, really looking forward and and want to thank you again for allowing the contractors to have that moment to be able to have a conversation. I received very good feedback from the contractors, [clears throat] excuse me, that [cough] sorry that were in attendance and um they are really looking forward to having that in addition to hopefully that future professional services forum so we can can get that other um group and population to get that that voice heard. But thank you to Mayor Johnson for for being able to provide that item that got us to this point essentially um to be able to award this contract. So I asked council to to consider and and grant and say okay to this award uh for this company. I'm really looking forward to seeing what uh what results they can provide. Thank you Claudia. >> Thank you represent represent Nino. >> Thank you mayor and thank you Clavia. I know when I was briefed, uh, I asked a question about ensuring that there's local input, right? Um, you know, the the work that essentially we're giving is not an organization that's within the city of El Paso. And I know that a priority of this council has repeatedly said for us to try to hire El Paso first, but the scoring came as it is. And um you know just for reassurance of the community to understand of what specifically the scope of work it does include meetings with city council representative, city manager, deputy city managers and the local business community for feedback and input which I think is critical um to really ensure that the voice of those who are here locally is reflected when any future policy recommendation or uh efficiencies that we have to improve are taken into count and again the scope of work I'm reassuring the community that it does state that there's going to be a lot of local input I know that you know we already hosted that very first forum there is a future forum I believe that's going to be scheduled for the professional services which again that will be the opportunity for more uh local and community input to be taken in consideration um but again thank you guys for your leadership Mayor Johnson Rep Chavez and Maldona Rocha for putting you know getting us here. Um I know it's important for all of us to really focus on how do we support our you know local businesses and um enhance the economy here locally. Thank you. No further questions. >> Thank you Claudia. Any further questions on this item? >> I also want to thank Representative Chavez and Rocha for the great work in getting us to this point. I think this is going to be very very good once we get the consultant hopefully get the consultant engaged and they start meeting with the stakeholders. Very good job, Claudia. Uh, Miss Bryant. >> Yes. A motion was made by Representative Lemon, seconded by Representative Maldonado Rocha to award the solicitation on item 43. On that motion, call for the vote in the voting session. And that motion passes unanimously. >> Very good. I believe we're supposed to take item 44 next. M. Item 44 is the award of solicitation 2026-0203R Federal Lobbying Services to Forward Global US, Inc. for an initial term of one year and an estimated amount of $200,000. And the award also includes a one-year option for an estimated amount of $200,000. >> Okay. Do I have a motion on this item? >> Okay. >> Second. >> Okay. >> Good afternoon. >> Good afternoon. Derek Ross with purchasing and strategic sourcing department. This is a new contract for federal lobbying services. This is a request for qualifications procurement. There were 30 views online. Eight proposals were received, none from local suppliers. Uh no protests were received for this requirement and we are recommending award to forward global US Inc. the highest ranked offer based on the evaluation factors established in this evaluation criteria for this procurement. >> Yes. >> Representative Chavez. >> Thank you, Mayor, and thank you um for um going through the description of what this item is about. I wanted to ask you, I know we talked a little bit about in my office when we had the briefing about this item. Could you maybe tell the community since this is the very first time that we're awarding such a such a contract to this type of lobbyist at the federal level, could you tell the community what the 200,000 $200,000 entails? What >> what does that include? >> Go ahead and turn over to Mr. Martinez to [laughter] give you that description. Okay, >> thank you. >> Good afternoon. >> Good afternoon, Council Martinez with Strategic and Legislative Affairs. The purpose of of uh procuring a lobbyist contract is to strengthen our ability to implement the federal legislative agenda. Everything that the lobbyist will focus on has been approved as part of the legislative agenda creation process. The procurement itself lists major priorities which include improved partnerships with Fort Bliss, advancement of a presidential permit for the East Lasagosa port of entry, and helping different city departments and securing additional funding from the federal government. I'm happy to answer any specific questions regarding the scope of work or how we plan to manage this contract. >> Um, Omaro, I I'm I'm happy just to know that we're taking this next step. I know it's a first for the city of El Paso. I think that uh many times we sometimes have to be reactive to decisions that are made at the federal level. And so this will give us a seat at the table so that we can voice our concerns and our positions at an earlier time so that we're not trying to to to react to things that are occurring. Um so I'm looking forward to to working with this lobbyist um and just have El Paso's presence in in Washington DC. Thank you. >> Representative Lemon. >> Thank you, Mayor Omar. So what are the deliverables? What how are we going to measure success with this contract? Happy to answer that. Uh, Representative Lemon. So, the deliverables with this contract are outlined or outlined specifically in the procurement process. So, when when purchasing issue issued out the request for qualifications, there was a detailed scope of work that will be included as part of a contract with Forward Global. The scope of work can be summarized in four major actions. Uh the first one is Ford WGO will support strategic and legislative affairs and other city departments in federal legislative and regulatory advisory services. What this means is when new laws are passed, we will have a presence in DC that can help us get context that is outside of what is publicly available or through public postings. Another function of forward global will be to help us secure meetings with members of Congress, committee staff, executive branch officials and other stakeholders that normally city of El Paso staff have diff greater difficulty securing those those meetings. We are not always in DC. We try to be there as often as we can, but having a permanent presence in DC is helpful. Forward Global will also help us secure additional funding. Normally lobbyists provide a monthly newsletter to their um to their contractors uh letting us know what not only what is what type of funding is already out there that strategic and legislative affairs and our departments already know where to find and how to access it. The value of a company such as Forward Global is letting us know what's coming ahead before it comes ahead. It could be that they've caught wind of regulatory changes or advanced notice of when something is coming and it helps city staff and city departments prepare earlier for these uh funding opportunities. One prime example happened recently with community project funding where we stressed that we only had six days to respond. My impression would be we would have had a firm like forward global contracted. We would have gotten a heads up when the the majority in appropriations committee was planning to release this information. Another function of focus advocacy is to support with the department of defense. We have Luther Jones. He does an excellent work working with Allegorski on coordinating with Fort Bliss and thank you mayor for your continuous coordination. But uh what Forward Global can do with their years of experience in uh military affairs is giving us uh additional insight on what's happening not just in Fort Bliss but the Department of Defense in general. This added information will help us create uh our defense community strategy which will then inform um strategies moving forward with for Bliss and support for Bliss where uh coun where is where it is aligned with council priorities. An additional uh function of a firm like Forward Global is coordination across other municipalities or other private sector entities that are operating in priority areas like like we do. So for example, they are part of border coalitions that uh city of El Paso historically has not participated in. Uh this includes um we recently started participating in the triple PXG meeting with with three levels of government in Mexico and the US along with our international bridges department to help uh advance the possibility of a presidential permit to expand the lataso port of entry that those kinds of connections are essential and firms like forward global help us get there faster. Um they will forward global will also help us uh update our legislative agenda for the 120th Congress. This function will be managed by Alejandra Gorski who leads the uh here in case you have any questions on that process specifically but it will help us update the agenda and work with council to make sure that newer priorities such as the item that is coming up today can be successfully incorporated into the agenda. And it when it comes to actually managing the contract, it'll be real simple. There's going to be monthly reports due, six-month evaluations, and one year from now, we will evaluate whether to extend the contract or not. >> Great. I really like all of that. Is it possible that something else could be added? Uh, we have an outstanding bill from the Trump campaign. Is that something that they could review and look into it and help us uh achieve payment on? >> I'll have to defer to the city attorney's office on that one. >> We can do it. We we can discuss that, but that's certainly something that I would like to look into. Thank you repres. >> Thank you, Mayor. Um, Omar, thank you for all the work on this. I I think we've needed a federal lobbyist for a while. And I'm trying to understand in terms of this being the first, is it the first under the newly created department or is it the first in a very long time? because I'm just thinking that maybe 10 years ago, 15 years ago, we had a federal lobbyist or also NLC has taken that um aspect of us not having a lobbyist where we go to NLC for a lot of things. So, can you speak to that a little bit? >> So, I'll start with the creation of strategic and legislative affairs and the partnership we've had with National League of Cities. So you are correct in that we have not had a federal lobbyist since the creation of strategic legislative affairs which council formally approved in September of 2025. Now since then uh and previous to that uh staff has been working very closely with national league of cities. NLC uh serves an advocacy function not a lobbying function. They do advocate for certain priorities that the city of El Paso has aligned with, but uh having our own advocacy effort is always really important. Since the creation of strategic legislative affairs and about a year previous, it has been staff that has served that function. We've traveled to DC try to make connections and this is where we identified the gap. We we're we just don't have a permanent presence in DC to know what is being spoken to on the hill or we don't get invited to events that we otherwise could be because we don't have a permanent presence. So I I'm not entirely sure if the city has had a specific lobbying contract the way it is being implemented today. The difference from previous contracts is that this lobbying contract followed a formal process newly established by this by state statute and we were require we are required to issue a request for qualifications to procure this contract. Since if council approves the contract we will have to report lobbying action like a lobbying firm as part of every single federal grant application. It is just the way these um these functions work and so that function has been different. I we'll have to I'll have to work with the office of the comproller to see if previous records there is anything on their paperwork regarding that reporting of the federal lobbyist on that case then then the city would have had a similar contract. If not then this is relatively new. >> Okay. Thank you for that. And then um with Forward Global, they're an international firm from what I've kind of looked up on them. And overall, I think that there is a need that we have to fill with the federal lobbyists, but sometimes you get some of the the people that bid on this and they go through the procurement and then they get the highest score and then we have laws that we have to follow, right? So I was looking at the scoring sheet and this particular company got um about 91 points and the next one Alcal and Fay got 88. The third one got 87. So they were all very close. So it looked like the the way they were rated was um very qualified in terms of the average scores that they got. Right. And as I'm kind of looking through more on forward to global because, you know, I I like to Google to see when we're going to spend $200,000 on something um that we're we're making sure that we're doing due diligence. And so was any due diligence done on Forward Global in terms of looking up at once they were selected, did a simple Google search happen with them? So, Representative, I'd like to clarify what you mean by due diligence. If um due diligence from our part was everything that they included as part of the procurement response process >> was um was what what staff had an opportunity to review when scoring. I would like to defer to purchasing on due diligence. >> No, I appreciate that. >> Yes, sir. So, the due diligence that's done by the department um is just our policy across the board. We do our debarment check to make sure that they haven't been debarred by any by the federal government or any other entity. Um that came back uh clear. We also do um there's a terrorist check that we do. Uh so there's a different sets of uh checks that we do to make sure that um this vendor is in compliance. Um through that whole uh process uh nothing was found. >> Okay. So that that's what she did for Okay. I appreciate you um kind of walking me through that. I I was kind of looking at their their website. They're they do a lot. They're all over the world from Paris to Brussels to Miami and DC in the United States. And one thing that I found was that they rebranded in a few years ago um I think in 2023 after they had a major scandal. Um they used to be a a visa partners >> and they rebranded to Forward Global after um some things happened. They were accused of spreading disinformation. They were doing fake news. There's some headlines here. Um you know the they lost their well-connected Washington CEO. um the they sued the media and then after suing the media specific specifically in France they they ended up um rebranding after they dropped all those lawsuits. Um it was all over defamation. Um they called him the fake news firm. Um so that is kind of giving me some pause with with specifics to this contract awarding it to them. It's not that I'm against having the lobbyist contract. I'm just worried about it. But then I understand that under what we have um we have four different options. We could award the contract as recommended. We could deny award if council determines such action is the best interest of the city. Direct [snorts] staff to resolicit the pro procurement with revised evaluation criteria or policy direction as permitted by law or postpone the action pending additional information. And since um you you did your due diligence in terms of what you needed to do um procurement wise, I totally get that. Uh I just have some pause and I want to get more information on this. So I wanted to wanted to propose to council um that I move to postpone the action pending additional information on this particular company. >> So as to your point uh Dr. Dr. uh we did do our our due diligence as far as um our complete process. Um made sure our checks were like you said they weren't debarred. Um we were okay to award them through the system award management system. Um so they weren't debarred through the federal government. Uh anything outside of the US I can't speak to. Um I know Omar did uh for global were they on to speak? >> Uh we did send them the invitation. >> Okay. >> Yes. Hi >> this is Forward Global representation. Hello. Mhm. >> Go ahead. >> I don't know if you want to have >> Yeah, absolutely. Have a chance to talk to you. >> Yeah, >> go ahead. >> Absolutely. Um, so as mentioned, uh, the >> Miss Can we get their name for the record? Who's speaking? >> Please state your name for the record. >> Michael Wallace. >> And who are they with and title? Possibly >> the name of the company that you're with. Forward Global US, Inc. >> in the >> director of government relations. >> I'm sorry, director of >> government relations. >> Go ahead, ma'am. >> Hi. Yes. So uh related to the uh changing of brand that was mentioned by the gentleman on the board uh that was as mentioned related to our European company. The US entity is a separate entity and we've been created in the United States operating in Washington DC since 2019. um that was also related to our communications practice which operated in Paris and Brussels as an and is considered a different practice from the Washington DC government affairs practice. Um we uh also had acquired 18 brands um mostly across AI uh no sorry across cyber security at that time uh and wanted to come under one name going from a visa partners to forward global uh in the Washington DC office which is where our uh government affairs office operates out of um we are all fully registered when it comes to lodging and government affairs. Uh and we are not advocating uh internationally um on behalf of any uh US um companies and any other governments for anything that is not registered. >> I would also say oh >> state your name please. >> Sorry. My name is Noi Garcia III. I am the co-managing partner for Ford Global USA. uh the issue and the incident that you've brought up and raised. Uh the articles were actually written in uh what is considered a French tabloid article uh sorry publication and so they were um actually bringing up old allegations uh that had occurred years and years prior to the time that those were even brought up. I think part of it was because of uh our place in the market. uh in France. >> Okay. >> Okay. I I appreciate the additional information. I I do have some heartburn left over. >> Provide additional written um information or uh any background information we can provide so you all feel comfort with us moving forward. Uh but we're very excited for the opportunity to work with El Paso. Um you know three native Texans in the room. So looking forward to providing additional information to ease that heartburn and moving forward as the RFP elaps. >> Thank you. I appreciate it. Um one last question for purchasing department. Do you know off the top of your head how much the second and third firms were going to charge? >> Not off the top of my head. We didn't negotiate with the second or third firm. We would originally we always negotiate with the first firm and then if we're not able to come to an agreement then we would go to the second firm. So we have not negotiated with either firm. >> Okay. Thank you so much >> represent Nino. >> Thank you mayor. One question um in regards of the option to renew. So you said that there's an evaluation process. Who is the person who would be deciding the option of extending this agreement? So, Strategic and Legislative Affairs is leading the contract. Okay. >> So, an option to review the six-month evaluation done twice during this one-year period uh would be shared with purchasing and among uh the the four departments that are part of that are partially funding this pro this um this contract. So, it's international bridges, its economic development, it's airport and strategic and legislative affairs. And we would do this as a committee the evaluation process. >> Okay. And when that process happens, would you all be able to share what the determination was when you all do the evaluations? >> If you're requesting that we share the evaluation criteria and the scores, happy to do that, sir. >> Okay. Yeah, that would be great. I mean, I'm saying when you guys start evaluating in six months or a year to look at possibly extending the additional option of the one year. I think it would be beneficial for us to understand how that determination came forward. Um because I mean we're we're voting essentially to approve a contract. Um another question that I have is, you know, this is the first time that we're essentially looking into doing a federal lobbyist and I'm going to give an example of our previous state lobbyist. I personally had a good relationship with that firm and I was able to just, you know, give them a call to ask for their opinion or um kind of hear firsthand of what they're experiencing. Would that be something that we as council members will be looking at establishing a point of contact should we have any specific questions um that we could have that resource or is that something that we will look into? >> So one of the established deliverables in the RFQ is a written work plan within 30 days of execution. Okay. >> We would bring this up on that written work plan and then make options available to you. But please give us the time to establish the work plan. >> Okay. I think that would be I mean helpful for us, right? Because it it's a conversation for us to have with you all. you guys are experts, but sometimes we might have different um questions that we might ask, but okay, I have no further questions. >> Representative Rocha, >> thank you, Mayor, and and thank you all for for bringing this. I I know when we spoke about it, uh being part of that Washington DC delegation in mid-March. Again, [clears throat] the staff did an amazing job being able to coordinate it. I can only imagine how much stronger that would have been with the lobbyist in place. I know you all travel significantly to DC to advocate for everything that the city has, but I also know that you can't be there all the time. And the lobbyist, to my understanding, speaks the language, is very familiar with all staff already. um they're an established or organization within the DC area and so having them on board to advocate for grants, navigating through complex regulations. Um I got a little bit hearing the transportation pieces, understanding the grant, trying to ease that grant um timeline administratively and reporting wise. There's there's a lot of issues that require that specialty and so I'm just very grateful that you all brought this to council today. >> Thank you. >> Thank you. Representative uh Representative Vier. >> Thank you, mayor. Um council members, I hope we consider um supporting staff in the process that they've gone through. I think they've gone through a lot of checks and balances. Um they've proven to us, especially us who got to visit with them in DC and travel with them, that they're professionals. Um they hold their their team, which I would assume this would be part of their team, um to really high standards. And so I I trust the um this team. I I trust the the process. I trust purchasing uh procurement and and I hope we give them the opportunity to start working today instead of sit letting this sit on the shelf for two more weeks and then reconsider then see what we do from then. Thank you, mayor. >> Okay. All right. Any further questions? >> Okay, Miss Bry. >> The motion was made by Representative Lemon, seconded by Representative Orijo to award the solicitation on item 44. >> Okay. You're you're good. >> Okay. Okay. We're good. >> On that motion, call for the vote >> and the voting session in the voting session. And that motion passes 6 to2. Representatives ADO Fiero voting nay. The remainder of council voting I. >> The motion. >> Hang on, Miss Bryant. >> The motion was to >> No, >> to award. It was to award. >> No, you didn't get a second. >> I want to reconsider. >> Okay. >> Motion to reconsider. >> Is there a second? >> There's a motion and a second to reconsider item 44. All in favor? >> I. >> Anyone opposed? We're back on item 44. >> Okay, Mr. Prank, call for the vote on item 44, please. >> May I have a motion? >> Is there a motion? Is there a second? >> Second. >> Okay, Mr. Prank, >> there's a motion made by Representative Lemon, seconded by alternate mayor prompo, and this is to award the solicitation on item 44. On that motion, call for the vote and the voting session. And that motion passes seven to one. Representative ADO voting nay. The remainder of council voting I. The motion carries. >> Okay. I believe that brings us to item number 53. Miss Frank. >> It's 47 to the first reading of ordinances. >> Oh, I'm sorry. >> This is the first reading of ordinances. Items 47 to 52. >> Okay. Is >> make a motion to move on the reading of the first ordinances. >> Okay. There's a motion and a second. Miss Bry. >> Yes. The motion was made by representative Lemon, seconded by alternate mayor prom Fiero, and this is to approve the introduction of ordinances items 47 to 52. On that motion, call for the vote and the voting session. And that motion passes unanimously. >> Okay. Now, I believe we're on 53. >> Yes, sir. Item 53. And the department has asked that we if you consider 54 together. 53 and 54 are related. >> Okay, let's do 53 and 54. >> 53 is a public hearing of an ordinance authorizing the issuance of city of El Paso, Texas water and sewer revenue refunding bonds and an aggregate amount not to exceed 438,000 438 million 500,000 to refund certain previously issued obligations of the city. Item 54 is a public hearing of an ordinance authorizing the issuance of city of El Paso, Texas municipal drainage utility system revenue refunding bonds in an aggregate amount not to exceed $80,250,000 to refund certain previously issued obligations of the city. >> Okay. Is there a motion to approve? >> Move to approve. >> Yes. Okay. Good afternoon, Jeff. >> Good afternoon, Mayor Council. Yep. >> Presentation. There you go. >> Well, thank you. Uh thank you for having me here. Uh my name is Jeff Tepsik. I am the CFO with El Paso Water. Uh the two ordinances that we have uh before you today uh we're requesting authorization for issuance um of revenue refunding bonds for the water and wastewater utility and for the uh storm water utility. So we're going to go ahead and start with the water and wastewater utility. Uh the first request is for the extendable commercial paper program. Uh this is the program that El Paso Water uses. It's our short-term financing uh to finance the projects uh that El Paso Water does uh for water and wastewater. So we're asking for a parameters authorization of $32.3 million. Just to give you a little bit of history on the program, uh this program was created on May 7th, 2024 with a capacity of $300 million. On April 29th, 2025, uh, city council approved a parameters ordinance uh, for the bond issuance of $32.3 million uh, to pay off up to 300 million of outstanding extendable commercial paper notes uh, plus issuance cost. Uh, so as part of this program, it is a requirement that we get our annual um, ordinance uh, for parameters authorization uh, for the next 12 months. Uh so to continue this program um we're here asking for that authorization. Uh just to give you a little bit uh forward thinking for El Paso water. This is our five-year projected CIP, our capital improvement program. Over the next five years, it's over $3 billion. Uh in the blue represents our water projects and then the uh the green is our storm water. So, a lot of projects, a lot of rehabilitation on our water and wastewater plants, uh pipes in the ground, uh among uh other investments that we're making uh to ensure that we're able to provide 247 uh services to our community uh and to the residents of El Paso. Just to give you a few projects that El Paso Water has funded with this program, it's worked very well for us. Uh in the past, we would issue large bonds. They would sit there, it would take us four or five years to spend. Uh the great thing about this program is that we draw down as we need the funds and then we refund those uh and take those uh liabilities along. So a few of the projects that we're working on that we've expended uh include the Bamante wastewater treatment plant. Uh we spent $70 million to date. Uh we have the Fred Hurvey uh water reclamation plant on the northeast side of El Paso. Uh we continue with the Pure Water Center which is the drought proof uh 10 million gallons per day uh project on the east side of El Paso. Uh continue with the meter replacement program as we move to AMI uh giving our customers uh more control of their water and the ability to conserve uh the FA force main. Future projects and continuation of projects that we have include the alphalfpha lift station um at the uh $44.4 million. Uh we plan on completing the media replacement either at the end of this year or the beginning of next fiscal year. Also have the Haskell R Street at 27 million and continue to fund the uh boostante on the far east side. This is just a few of the projects. We have many more. Uh just to give you a little uh example of we've spoken about some of the large projects. Uh the Booamonte expansion uh and rehabilitation is driven by TCQ. Uh this project once completed will cost over $1 billion. uh requires expansion from 39 to 51 million gallons per day uh which was also required by TECQ. Uh this is a multi-year project with a uh multi-year project. The phase one is estimated at 586 million and phase 2 at $215 million. Uh expected to be completed in 2031. Next to that plant is the Pure Water Center that I recently spoke about. Um we're very excited El Paso water for this. It's truly doubt proof. Um it will provide 10 million gallons per day of portable water by treating the fluent from the secondary clarifier. Uh this project is estimated to cost about $330 million. Uh happy to say that we did get a 23 million grant from the USBR. So on this parameters authorization for the 300 million we are asking um that will enable us for the sale of bonds at the optimate time for the water and sewer. Uh we are asking that you delegate the pricing officer to include the president and co John Belaloo uh vice president Anna Sanchez Sanchez and myself uh Jeff Tepsic the chief financial officer. Um this was priced on a double A utility on February 26, 2026. So we are asking uh for a maximum true interest cost not to exceed 5.6% 6% not to exceed par amount of 302.3 million giving us the flexibility to issue bonds up to 30 years and this delegation of authority would expire within 12 months. Um if we do not meet these uh parameters we are unable to price the deal. So very important to point out just looking at the projected sources and uses of these funds 302.3 million we would refund or pay off up to $300 million. Um there is a cost of issuance of around $900,000 and then estimated underwriters fees of $1.4 million. So in addition to that, the utility also looks to see if there's any economic refundings um that we can refund prior issued debt uh to take advantage of those savings. Um and there are three bonds uh with those potential. Uh so we are asking for a parameters authorization of $136.2 million. Um, and these are the three bonds that have a potential for refunding. Uh, the 2017 series and our taxable series 2020A and 2021A. Uh, these have a call date of March 1st, 2027 with a callable principle of 131 135.14 million and these have a final maturity date of 312038. Um, if the market conditions um are there, we would possibly be able to save uh roughly 4.4 4 million, which is great for the utility, great for our rateayers. Uh that would be a ne net net present value savings of about $3.7 million and that would an average annual savings of about $400,000 uh with a net present value savings of 3.2%. This is the projected sources and uses. Um $136.2 $2 million uh would be able to refund those uh prior issued debt um with the cost of issuance of $493,000 and underwriters fees of $530,000. So the open market parameters authorization that we are requesting uh for the water and sew utility refunding bonds um the same three pricing officers include the president uh and CEO, vice president, and the CFO. So, we're asking that the city council approve um these uh parameters with a maximum true interest cost of 4.1% not to exceed principal amount of 136.2 million. We need to have a floor or a minimum present value savings of 3% and the maturity would be no later than December 31st, 2038. And we would need to execute this with the 12-month um expiration of delegated authority. So, I just want to go ahead and in full transparency, u we did have the um parameters authorization that was approved by city council um about a year ago. It was on April 28th. So, we did close on a bond deal uh in the beginning of April. And I'm going to go over the fin go over the final pricing numbers for the water and sewer utility bonds series 2026. Uh so, great news. Um, we did refund up to $300 million that we used for the extendable commercial paper, which was our short-term financing for those water and wastewater projects. Um, we were given a maximum true interest cost of 5.9%. Uh, we came in at 4.5% which is about 1.4% uh below that. So, it was a great uh a great deal. Uh the uh principal amount was 285.765 million lower than the 32.3 that was authorized. Final maturity date was December uh March 1st 2015. It was 25 year debt and it was ex executed within the um delegated authority of the 12 months. Also, uh good news. Um we had a um a refunding of the 36.57 remaining of the 2016 water and sewer uh refunding bonds. It resulted in 2.1 in savings. So, great news. Um you know, for the utility and for our rate payers, maximum true interest costs uh below the parameters, it came in at 3.36% uh not to exceed principal of 34.1 million below the 37.1 m minimum present value savings of 5.87%. 87% above the 3% required in the final maturity date of March 1st, 2037. So now I'm going to move on to our uh storm water utility. Uh the extendable commercial paper is a little bit smaller. Uh our capital c capitalapo improvement program uh is a lot smaller than the water and wastewater utility. So the credit limit or the short term is $60 million. So we're asking for $60.6 $6 million. So, this program was actually created a year before the one for the water and wastewater utility. It was so successful. Um, it was a really a great plan for El Paso Water to to manage its debt. Um, so last year, uh, city council authorized 60.6 million to pay off 60 million of outstanding ECP uh, plus issuance cost. Also, as part of the ECP program, we have to have a parameter authorization for the maximum capacity of the funds uh within 12 months of the approved ordinance. So, that's why we're asking for the uh $60.6 million. A few projects that we're funding with this uh interimm financing include storm water land acquisition of $10 million. Uh we spent $9 million on the sack land 2 acquisition. We have the real root pond of 5.9 million which is on the northeast side of El Paso. uh future projects or future expenditures as we continue expending on the wheel pond uh at $40 million, the Palisade system and the Hondo Pass Drive drainage improvements at 8.2 million. Just wanted to show you a few of the projects that we were working on. On the left is the Wellroot Pond, which is a construction of 350 acre foot detention pond. Uh great news for the citizens of El Paso in the northeast. Uh this will remove about 600 properties from the flood zone after the completion of the project. So you know very great news, very uh uh very impressive project on the northeast side. Also had the detention basin on the west side upstream of the channel on the royal 2 is the picture on the right side. So the parameter authorization uh will enable us to sell the bonds at optimal timing and structure based on market conditions for the municipal drainage utility revenue refunding bonds have the same three uh pricing officers. Um the we are asking council to approve a 5.35% maximum true interest cost not to exceed $60.6 million final maturity not to exceed uh December 31st, 2022. Uh this was based on 25-year debt for a double A+ utility, which the uh drainage utility is uh priced on February 26, 2026. Um we add a few basis points in there just to be conservative to account for market conditions throughout the year. So the uh bond proceed, the projected uh par amount premium uh 60.6 million uses the fund would refund up to 60 million. If we don't use the 60 million um as I'm going to show in our um later slides um then we don't issue just to what we need. Cost of issuance up to 252,000 with underwriters fees of $348,000. We also have a refunding opportunity uh up to asking for $9.65 million to refund series 2017 um that has a call date on March 1st, 2027 with collable principle of 19.27 27 million coupons ranging from four to 5% maturing March 1st, 2039. Great news. We can save almost a million dollars. Uh net present value savings 803,000. Net present value savings 4.1%. Average annual savings a little over 80,000 and estimating borrowing cost at 3.15%. So the projected sources and uses 19.65 65 million to uh refund up to 19.4 million of prior issued debt cost to issuance 140,000 and the underwriters fees of $120,000. So at this time as part of this ordinance requesting the authorization to enable the sale of these bonds. Um, counciling delegates include the president and CEO, vice president, and the CFO asking for a parameters as recommended by the public service board of not to exceed 4.15% true interest cost, not to exceed principal amount of 19.65 million. Minimum present value savings have to be at least 3% uh to make sense. Final maturity date of December 31st, 2039 with the expiration of delegated authority for 12 months from council. also closed on a deal for the municipal drainage uh series 2026. Also another great deal. So we have authorization up to 60 million. We only used 20 million as that was what was needed. So we refunded $20 million. Uh maximum true interest cost parameters were 5.75 came in at 4.02%. Very good news 150 or 1.5 uh uh% below. Uh true the principal amount authorized 60.6 6 million actual was 18.36 million final maturity date uh was March 1st 2046 um within the uh parameters of December 31st 2015 and this was also executed within the 12 month that was approved by council [clears throat] also um looking at our uh we had a refunding of the 2016 uh drainage uh current run refunding of the 12.64 million resulted in 1.2 2 million of interest savings, which is great news. Uh actual interest cost of 3.1%. Uh principal of 11.65 million, minimum present valu savings of over 9%. Uh final maturity March 1st, 2036. Uh and it was within 12 months. So we met all the parameters. It was a great deal. Um it's great for the uh for the utility. And with that, I'd be happy to answer any questions on this topic. >> Very good presentation, Jeff. Any questions for Jeff on this topic? Bonds or anything, Jeff? Thank you. All right, Miss Prime, we need a vote on this one, right? We're going to take 50. >> Was that 54 also? >> Yes, 53 and 54 would combine. >> So, this is items 53 and 54. >> Yes, sir. The motion was made by Representative Ganales, seconded by Representative Warjo, and this is to adopt the ordinances on items 53 and 54. On that motion, call for the vote and the voting session. And that motion passes unanimously. >> Thank you, Jeff. >> Thank you, Mayor Council. Thank you for all you do. Thank >> Representative Limoff. Thank you, mayor. It's 12:51. I'd like to move um make a motion to recess for one hour for lunch. >> Okay, there's a motion and a second to recess for lunch for 1 hour. >> All in favor? >> I. >> Anyone opposed? And the meeting is in recess at 12:52 p.m. and we'll reconvene at 1:52 p.m. Okay, Miss Pine, I believe we're ready to get started again. >> Yes, there is a motion to reconvene. >> So move. >> Is there a second? >> There's a motion and a second to reconvene the city council meeting. All in favor? >> I. >> Anyone opposed? And the meeting is back in session at 1:54 p.m. >> Okay, Miss Bryan, I believe we're on item number 55. >> Yes, sir. Item 55 is a public hearing of an ordinance authorizing the conveyance of real property owned by the city of El Paso to Martina Armen Mendes for the purchase price of $345,000. The property legally described as a portion of tracks 9 and 10. Boothville number two in addition to the city of El Paso, El Paso County, Texas. >> Good afternoon, Mary Lou. There you go. >> Good afternoon, Mayor and Council. Mary Lewis Vinosa with the real estate division. For the record, today's presentation is on 313 Pendale, property identification number 265632. >> Is there a motion to approve this item, Representative Lemon? Okay. Is there a second? >> Second. >> Okay, there you go, Mary Lyn. >> Okay. This uh property was brought before council in September of 2025. We vetted this property as surplus and approved it for its listing in accordance with the Texas Local Government Code section 253.014. The property was then marketed via a broker and listed for at least 30 days on that multilisting service. A quick overview of the property. This property is on the cross streets of Wells and Pendale. It is 2.72 acres and it's zoned ranch farm. It was listed on January 20th, 2026. The proposed buyer is Martin Arendaris. The appraised value is $340,000 which was appraised in September of 2025. The purchase price is $345,000 plus closing costs. We did receive two offers and we are recommending that we sell the property to the highest offer. >> Questions? >> That's it. Any questions from Mary Lou on item number 55? >> Yes. >> Yes. Represent Lamont. any idea what um purpose or the purpose of this purchase is for? >> We don't have that information, representative. We do know that the property above it, which is uh 317 Pendale, is being purchased, well, it was purchased by the property proposed property owner that's buying 313 Pendale just below it. So, they're buying both properties together. >> Okay. Thank you. >> Of course. >> Okay. Any more discussion on item 55? Okay, Miss Bryan. >> Yes, sir. The motion was made by Representative Lemon, seconded by Mayor Prom Chavez to adopt the ordinance on item 55. There's no public comment on that motion. Call for the vote. >> Thank you, Representative Limon. in the voting session and that motion passes unanimously. Representative Fedo not present. >> Okay, let's take item number 56, please. >> Item 56 is a public hearing of an ordinance amending title 12 vehicles and traffic towing regulations and fees to amend section 12.54.040 penalty to add additional penalty sections and add section 12.54.070 violations to prohibit soliciting of towing businesses at the scene of traffic accidents. >> Okay. Okay. Is there a motion to approve this item? >> Motion to >> Okay. Is there a second? Okay. Chief. >> Good afternoon, Mayor and Council. Victor Sude for the record, assistant executive chief. I'll be speaking briefly about a proposed ordinance which prohibits solicitation of toying business traffic accidents. A little history on how we got to this situation. First, we had numerous complaints come in. some through the CR process, council requests, emails, and testimony from officers. We've never had an ordinance that can address this problem. And it's not the first city with this ordinance. We have Fort Worth, Dallas, Houston, San Antonio, Corpus Christi, and Austin, Texas with a similar ordinance. It if you could take me to slide three, please. One more. Thank you. So when we talk about public safety in this aspect, we're talking about the accident victims and the road safety. Under accident victims, we're talking about the term encompassing individuals who have suffered harm or injury due to an accident. This can have both it can include physical injuries, emotional distress and financial losses. The other portion of this is the road safety as well. When we look at measures to prevent further accidents and protect road users, this includes the pedestrians, accident victims, and first responders. Slide three, please. Excuse me, slide four please. So in short when we look at the violations under section 1254070 this ordinance adds the addition of prohibiting solicitation of towing business at a public highway public roadways city sidewalks public property and the mere pre presence of an individual is considered prima facy evidence and what that means it's this refers to the minimum standard excuse me the minimum amount of evidence a plaintiff must show to support a claim. And I'll elaborate more on that. So, when you look at section A of the ordinance, the arrival of the person at a traffic accident or an incident management scene to perform a non-consent or incident management toll of a motor vehicle or motorcycle without first being contacted by the police department, the vehicle owner, vehicle driver, or insurance company. I want to elaborate on this because an individual involved in an accident does not have to wait for us to give them the permission to call for someone. What we're suggest what we're proposing on the ordinance is any individual can call any towing company they wish to call. We're not forbidding that at all. We're just saying do not go on the roadway or public way and confront the individuals that are going through that emotional roller coaster just having been involved in an accident because what they offer sometimes it's not the truth and decisions are made that impact individuals long term. It next slide please. So when the person directly or indirectly solicits on a public street, this is where the offense becomes one in regards to offering the towing services whether removing, repairing, wrecking, storing or trading, selling or purchasing the vehicle related to the accident. Under section three, when the person enters the scene of a traffic accident or an incident management scene or any other area without the permission of peace officers or public service employees, which could be the fire department and our code officers as well. Going to number four. The person uses a third party to approach a traffic accident or incident management scene to solicit for a towing business as prohibited under this chapter. Next slide, please. So, I want to elaborate on number four. Also, we've seen through our studies with our officers and and the community, individuals will befriend individuals, make sure that they're fine, but then turn around and offer a service either through a towing company or getting it to a specific auto shop so that they can take in the business. We've seen cases and we've verified it where individuals have been told, "Hey, look, the other party already admitted that they're at fault. PD's not here yet. Why don't you just exchange information?" Guess what? The individual on the opposite vehicle was arrested for intoxication. And that's one of the reasons when we talk about road safety. And we've seen one too many fatalities in the city of El Pas. So, we want to make sure that thei decisions that are made out there are made by individuals when they're calm. If they choose to call the towing company or through their insurance company or the owner, that's fine with the El Paso Police Department. We just don't want you on the roadway with other vendors competing for the business. We've had CRS what they've told us, we've been out there, they've been out there for two hours, we told them to leave and they didn't leave till the police department get arrived at the scene in closure of the ordinance. So what we did we went further to address anything that's electronic picture or message. This in regards to whether a business card or flyer is also passed on and any reference to a body shop and any employee or third party acting for the towing service that was not dispatched by the police department or requested by the vehicle owner, vehicle driver, insurance company at the scene of an accident or incident management scene in the city of El Paso after the accident or prior to the removal of all disabled vehicles will be primmaacy evidence of the solicitation. Again, I want to stress, we're not telling anyone not to call for a towing company. We're not out to impact business in any way or manner. We're just saying, let the drivers decide, the owner, the insurance company. When the police department arrives by policy, we will ask, do you request a private toll? If so, we'll notify our notifications through the 911 center. If not, you can call your own. Thank you for your time. I hope I answered any thoughts that you may have and I'm open to questions. Oh, I did mention that it's a classy misdemeanor up to a $500 fine. And if we could go to the next slide, please. And one more after that, it please. So, what we did, we reached out to our staff supervisors, tested this ordinance. We had four community meetings throughout the city of El Paso, west side, northeast, upper east, and at the Gregory K. Allen uh headquarters. We also reviewed the the input from the community. We posted the dates for everyone to be aware of it under transparency and we've updated everything under the wbd.org page. So our plan is after this is train the officers on the new ordinance. Some of the input from the community, the business community was also we want your officers trained more on some of the state regulations. So we're incorporating that to the uh training as well and our target date if approved today is effective June 1st of 2026. We will be putting out information on it to make sure that the public is aware of it. Thank you and I'll be happy to answer any questions. Chief, quick question. Does this happen frequently? >> Yes, sir, it does. I mean, roughly the city of El Paso looks at roughly about 30,000 accidents a year. About 18,000 are reports and our officers have told us what they're seeing, but they never had this tool. We've received complaints and it seems to have picked up more recent in the last year. I I'm not sure if CO or anything had anything to do with it, but when we reached out to the other cities, we found that El Paso was one of the few cities that does not have this. As a matter of fact, within the state of Texas, if it's an unincorporated city, the small towns, they have this option where they're not outsoliciting. And the state specifically says that this is intended not to create individuals competing for business at the worst times out of a traffic accident. Here in the city of El Paso, we've had towing companies get into fights where units have had to respond. And all we want to make sure is that our community, particularly the victims on these accidents, do not fall trap. I'm not saying they're all bad. I'm just saying there's potential for trap because it's an emotional time for them and we want to make sure our community is safe. >> So if I get into an accident, I can call whatever tow truck I want. >> You can call whomever you want. Yes, sir. >> Okay. represent Nino. >> Thank you, mayor, and thank you, chief, for this presentation. I know that we had a thoughtful conversation a few weeks ago. So, I'm glad the mayor asked about, you know, this is a daily reoccurrence. So, we have about 30,000 accidents a year. Is that what you said? >> Roughly 30,000 accidents or roughly 18,000 qualify to be reported within the state of Texas. Yes, sir. And that percentage of those accidents, how many of those does PD call for a tow truck company to show up to the scene? >> I know that we our numbers when we call through them through our communications and I've got the numbers for you. Just give me a second to look it up. But it's a slower smaller percentage on our part because what will happen is if you're involved in the accident and you haven't called anyone or your insurance company, we offer you the abil uh the ability to call yourself or we can call through our 911 communications. What happens then our vendor contract kicks in and it's a rotation of five individuals. Next one in line would be the one responding. >> Okay. And so we have five in rotation and um currently do we know how many tow truck companies are within the city of El Paso? I know someone mentioned it during public comment but do >> you know we've got a quite a few. Uh one of the things that we wanted to do was reach out to all the towing companies in El Paso and we've had close to 200 names. Okay. And when I speak [snorts] about 200 names we were matching them through Google, yellow pages and everything and anything we could find. Then we narrow it down and then we found that a few of them carried similar names, same address, same phone number and such. At the end of the day when we made notifications to everyone and roughly we had close to 200 emails that went out, 98 calls that went out and 22 negative contacts. So we reached out to everyone to make sure they knew about it. And if we got word that someone was not aware of it, we followed up on it and we know El Paso is a community. We also hit the Sakoro area, the Canot area, and some of the New Mexico areas as well because we were told by some of the business community that they were coming into town and doing that as well. So, we wanted to ensure that [snorts] everyone had the same message. >> Yeah. And that that was going to be my next question in regards of what was the outreach done in regards of ensuring that all those tok companies were countries. >> Yeah. Yeah. No, I'm glad that you covered that you did outreach and the outreach was via email, phone call. What What were the other means of trying to get a hold of these companies so that they're aware of these community meetings and proposed ordinance? >> You know, so we had meetings, some of them like when we had it in the northeast, there was close to 20. There was support for it, but some individuals were quiet and we anticipated that we might hear from them today as well on it. Um, the thing is we did verify with a few individuals that they were getting word out. One of the things that we did learn is that they have a good interest in this and one of the things that I've talked to the chief about is they want to meet quarterly and run through some of these problems that they're having and we're we're for that, right? I mean, one of the things that we want to do is keep our roads safe and they're very instrumental on this. U some of the suggestions we couldn't make happen uh forbidden by law and all. Mr. Cutas worked with us. Eric Cutas from the city attorney's office worked with us on it and we were able to at least get some of their suggestions as well in regards to making the notifications um and addressing the app problems. And what I mean about the app problems is mention was made by a few of them that there's other towing companies that show up before police does or before the calls made because they get notified about it through an app. And we know that there's apps out there, but it's a good thing. It's a good thing because there are times when there's emergency services needed and we want to keep individuals away from that area, congregating or slowing down traffic. We want emergency vehicles to get there. Our friends, our family, ourselves might need that help. So, we don't want to get rid of those apps. We just want to make sure that they understand why the city and county and other departments have those apps to include your day-to-day Google maps if you use that for your travel. And currently are tow truck companies regulated? Do they have a specific permit to operate within the city of El Paso or is are they all able to do business as >> So the state of Texas has its regulations under TDLR and they're mandated to meet certain requirements. If you're looking at the city separate from the ordinance on our vendor contract, there's speculations in regards to that as well. And if you need additional coverage, we have Miss Minihol Gin available with us on that aspect as well. >> Thank you for that. I'm I'm thinking about the number of tow truck companies and us only having five in rotation. Um is there opportunities for any of the smaller companies or uh companies out that don't have they're not part of this agreement to potentially be able to bid into this agreement or have be part of that rotation system? Can someone please address what that process would be or if there would be an opportunity to do so? >> Good afternoon. Uh Min uh administrative services. This is a fairly new contract. It was from 2024 and so the first three years would put us through 2027 and then of course the option to renew afterwards. We are looking at changing some things with when it comes to the towing function. uh as an example making it automated so that the citizens know where their vehicle is almost like an Uber but for their vehicles for towing. So we are exploring making changes. We may be reopening this but right now we are in contract and we do have those five vendors in under contract. >> How long is that contract for? >> It's a it's three years and then the two years to renew. So 2024 through 2027. >> Okay. >> Is the first three years. No, this is good to know. Um, I'm trying to really understand in regards of again there being hundreds of different toe companies and us only essentially looking at doing five. Now, I I'm glad that this doesn't restrict from the person who's involved in the accident from making their own call, you know, cuz sometimes I I've been involved in accidents and I'll call different towing companies myself because I know that some might take an hour, an hour and a half to arrive. Um, so I'm glad that that opportunity is still there where it's not specifically saying that only the police officer could call someone. Right now, um, I know that I mentioned this during our briefing, Chief, about vehicle debris being left in multiple, um, sites, specifically in my district. I've noticed that there'll be a bumper or, you know, leftover debris in medians and whatnot. And, um, I know I talked to you about how can we improve that process. And I know there was a a recent report, I remember which media company um did a report where they interviewed Opas Police Department and they mentioned that uh the toe company companies are the ones who are required to clean up this debris, but my understanding that we're only able to enforce that if we have an agreement with them. Is that correct? >> So there's under our vendor contract, it's a requirement on the rotation of five. If you look at the same title 12 under 1254.030, it's the towing companies that respond are responsible for cleaning up. If they don't respond, the parties out there, for example, if it's myself, it's a minor accident, doesn't qualify to where I need to make a report, then I have the responsibility to pick up as well. Right? We do know that sometimes it's difficult. I mean, we don't expect an individual to do it out at the intersection of George Theater and Montana on a busy day. The ordinance itself says that's an affirmative defense. In other words, we could still address it with the individual if we need to go with a citation, but when their date in court comes, they could bring up that situation. Now, the state also has its regulations through through the permits that they issue under the TDLR, and they also have the requirement that they clean up. Unfortunately, and I mentioned the accidents earlier, Representative Nino, sometimes individuals do not wait for the police or may have an outstanding warrant or just don't want to wait and they leave the debris behind. So, when when we spoke, I spoke to staff about it and one of the things I was able to do last week reach out to 311, Mrs. Miss Jitsu, and we started talking about is there a better way to address this with the community. So we're on the early stages of a crossf functional team and we brought in 911 and it on it as well. And our vision right now is after we develop the workflow. In other words, if an individual sees debris out there related to a traffic accident and it's not a hazard in the roadway roadway where they would call 911, they would call 311. It would be fed to our special traffic investigations for review if there had been an accident out there or something related to what they're doing. As I said, it's on the early process. The next step out there would be reaching out with code and streets and maintenance in regards to building on it. And we're hoping to have something developed by the end of July. >> Chief, and those companies that we are currently in rotation, how do we ensure that they are picking up the debris? A quick example is on Montana and there was an accident recently and up to this date, there's still a bumper that's been there for about 3 weeks. >> Yes. So again, if something is seen under the same process, STI would be able to review. And if they have history that there was an accident at Montana George Theater and parts of that debris match, then that's something that we can follow up with the class C or at least on the investigation to find out what happened. >> Okay, my my time is up, but I'll probably have question. >> Follow him. I hope I answered the question sir. >> Representative Tjo. >> Thank you, Mayor. Thank you, Chief. I uh thank you for bringing this forward and you know it came from concerns from from our constituents and residents and you know we had some of those concerns in our district as well and I was able to attend the meeting that you had in Northeast. We had a really good turnout. You all had a good turnout. Uh I did meet with uh some uh towing companies after after your meeting and you know they raised concerns. >> Uh some of them came this morning. >> Yes. And so, you know, I have a a couple of questions here. Actually, a few questions um regarding the rotation list. So, there's five in the rotation list. Are they all local? >> Yes, ma'am. >> Okay. >> I'll call Miss again. >> Representative Thejo, they are all local. Chakon towing towing is also in San Antonio, but the remainder of them are local. >> Okay. Thank you. Are there any considerations to expand the list if you have five doing, you know, covering the whole city? Are those being taken into consideration? The thought of expanding that list? >> We we could we open it up again. Um when we did this, this is a fairly new contract. It was from 2024. So, we could certainly reopen it. Um as of now, they've been and and to there was a question earlier as to whether or not they pick up the debris. any concerns that we have with our vendors, we'd fill out the vendor performance report so that we can track any concerns with any of these vendors. >> Okay. And in regards to the debris, that was one of my questions as well. How many, I guess, for lack of a better word, violations are allowed when the debris isn't picked up, if that's a violation, how many times is that allowed from the towing company before they're considered to be uh replaced? So we don't have anything particularly in the contract that says where they're allowed so many violations per se. It would be the vendor performance report. But in addition, the other things that we look at is the amount of time they take to report to the scene. And so we wouldn't want to limit ourselves and just say based on this we're going to terminate the contract with you. We'd want to ensure that they're providing all of the services that are limited on the contract so we can holistically look at the performance of each vendor. >> Okay. Have there been any considerations as far as graphic zones? Do you all time how quickly the towing companies come to uh the calls? Is there certain required time frame by when they need to be there? >> Yes, currently it is uh within 60 minutes they're supposed to report to the accident scene. >> Okay. Have you all considered graphic zones? I mean geographic zones where you have you know certain towing companies on one side of town so that there could be there quicker. >> Well um up until this contract came in there was a time when it was 30 minutes. Uh we have re visited that with Chief uh Basillas and we found that often the 30 minutes were expiring because of the traffic delay getting there. Right. So, we're always looking at better ways to be efficient in regards to all this. And I'm sure it's be one of the things that might be discussed with the quarterly meetings that we have with uh the toll truck operators in the city of El Paso. >> Okay. Thank you. Those are the only questions I have. >> Thank you, ma'am. >> Thank you. >> Thank you, Representative Pierro. >> Thank you, Mayor. Um first and foremost, I think this is a great ordinance. Um, it really puts it makes people accountable and and I think that this is not um an ordinance against small business. I think it's an ordinance for the safety of our community and it's a an ordinance for consumer protection. Um, when we were talking right now about um the vendor report, is that is is that what you referred to it as? >> You should stay. Yes, it's the vendor performance report. >> Okay. What if I'm um not on the vendor list and I pull up and and I pick up the vehicle and I leave the debris. >> Are you going to be able to follow up with me on that? >> That would be a violation. So, yes, that would be a class C up to 500. >> No, but right now without this ordinance. So, you have no idea. >> Oh, without the the ordinance. Yes, it would fall under 040 under the title 12 as well. Okay, good. Um the other let's see here. So out of um out of the four meetings or the meetings that were held, how many companies different companies attended? Do you have that? >> Roughly 38. Uh not all signed and some were there at more than one meeting. So again, we stressed to everyone that we'd be putting it on our website, which we did. I know that the fire department also got word out because I was getting individuals getting back to me and we'll be updating our web page as well in regards to the changes that are coming after review by council. >> Um out of the hundreds of 170ish tow truck companies or 200 I forget what the number is exactly um that you referred to. Thank you representative. Um how many of them are registered or licensed by TDLR? >> By the city alone? >> No, no, by TDLR. it the company. >> Yeah. My apology, I wouldn't be able to give you that number, but I could definitely send it to you by email. They have a web page. Yes. >> Where individuals can actually look it up and I can get you that information. >> I would appreciate you shared it with me, but I it's probably fair to say not 100%. >> Oh, it'd be difficult to say. Yes, sir. >> Okay. Uh see here I had some more questions. And this is there anybody with procurement >> from procurement? you know. Oh, thank you, Miss Cody. She didn't want to come. Did you see her? She was hesitating, >> right? We didn't notice you hesitating. Thank you, Miss Cody. Miss Cody, these companies that are on the vendors list that were approved, can you give us an example of what they had to submit to to approve to be approved? Oh, that scope of work, I guess. >> Yeah. So, they would have to be able to provide all of the information that they request as part of the scope of work along with um the information require regarding their business and so that would be part of the entire bid packet. They would have to submit that. >> And do we I would like to know maybe in the future how many companies replied to the RFP, RFQ. Um, I think that would be helpful. So, the the companies that that are on the vendors list were vetted. We know that we have they have the TDLR license, the state license, their their light their business that can operate in the city of within the city limits and the county of El Paso. Um, and I'm assuming that there's some sort of safety information they have to turn in on their trucks. I do not have the number of uh folks that expressed interest, but I can very briefly give you an overview of the requirements for this particular contract. >> Um things such as uh two-way radio service or cell phone communication. Um previous experience uh handling this kind of work. Be available 24/7. Have qualified at least one qualified driver per vehicle. um again arrive within 60 minutes and then uh TDLR their insurance their financials for the last 3 years things of that nature >> and I'm assuming be bonded >> I'd have to go into the specifics of it but I I would presume that that would be correct >> you know one of the reasons that that I'm uh um in support of this this ordinance is the horror stories I mean we we've we had some tow truck companies come to our office and visit with us and share their side of the their concerns about this ordinance, but I also had some horror stories from people that were involved in car accidents. Um, one from a person we know who's who works down this down the street here and um he was supposed to be here to testify and and he's not here today, but you know, he had an incident with a daughter. Um, she has an accident midnight. He leaves the house, he goes down, it's only two or three blocks away from his house. She gets there and tow truck pulls up and she's in a state of you know just doesn't she's she's just you know besides herself. Tow truck says um I can take it I can tell you she the young lady waits till her father gets here. He just wants to get the the scene cleared. He says uh we will charge you $180 to take it to your to your house. The judge says sure take it. Um, they get to the house and the person says, "It's $225 and you need to pay me in cash, >> right?" >> And and I need to leave here in 10 minutes or I'm going to take it to XYZ auto shop. And and so it it was they were put in a situation they had no choice. You know, they it was their, you know, I just believe that an ordinance like this will keep everybody um will try and keep the consumer protected. We'll try and keep the tow truck um vendors protected and try and excuse me try and keep our streets clean from having somebody who who's accountable because if they left it out there and they're on the vendors list then we can follow up with them in regards to leaving uh debris there. >> Thank you mayor. >> You got represent Leon. Thank you, Mayor Chief. I want to kind of split up into two areas. I like um Representative Representative Boyer Trejo and and Representative Fiero met with several of the representatives from the towing companies. And while there was a u public meetings that were announced, >> Mhm. >> the two individuals that were there stated that they didn't hear they didn't know about those meetings until the very last meeting was set. And so we've heard several numbers, but predominantly we've heard that there is 117 towing uh uh trucks or or agencies here in the city. And so I'm wondering did they were they not reached because they're not registered somewhere or how did you determine the pool of towing trucks that were going to be notified? >> Good question. So basically what we did was like I mentioned earlier, we went on yellow pages on Google and everything that we could find in regards to individuals with the towing service, right? And then we took that list and although about 170, keep in mind somewhere repeated somewhat one time or no longer within the city. We did our best to get word out and if we couldn't get them through email, through phone, we had 22 negative contacts, but we still got word out and we also posted all the information on our web page. And did we reach everyone that particular day? We gave it 100% and tried to do everything that we can. And I wouldn't be able to answer the question as to those that claimed that they weren't notified, but I will tell you that this ordinance does not forbid them from being in business. As a matter of fact, if they're legit and they're posted, they have the probability of being contacted by anyone in this room or driving out in the city that needs a towing vend truck. They just cannot solicit at the scene. >> And and and I understand that very very clearly. That's why I said there were two um areas to my my questioning. This the second part was also their concern on this rotation business. >> Um the vast majority of the towing truck agencies are really small businesses. Um we heard today from people that own maybe one or two towing trucks. They're not a big conglomerate of many many vehicles. And so their concern is how um one of the one of the persons that came through indicated that he had reached out to the city numerous times >> related to this topic and had never gotten a call back. Um, I could probably go back and check my notes to to share with you at some other time exactly where and how, but that that's concerning. My other concern related to that is also that we're looking at a fiveyear um cycle and I wonder does the contract leave out the small businesses from our community from being part of the rotation? Is there a standard that you have to have so many vehicles? >> I'll ask Miss Hoggin to respond on that, but I do want to address part of the first one, Miss Lemon. Um, so this ordinance is not the proposed ordinance today is not set up to benefit anyone on the vendor rotation. That's completely separate. As a matter of fact, it's a small fraction. When we arrive, Miss Lemon, do you want us to call private uh tow truck for you through our communications? If the answer is yes, that's the only time it kicks. If the answer is no, you can call anyone else within the city. So that's completely separate in regards to that aspect and a small fraction and I'll turn it over to Miss Gain on the other part. >> Representative Lemon, uh, in terms of the rotation, the way that it works and to answer also the question about the concern with small businesses and those that may only have one toe tow truck. Um, one of our vendors, as an example, cannot handle light, medium, and heavy toes. And so if somebody only has one tow truck and could only handle light toes, if they had bid, they could still be a part of the rotation. And the way that it works is when they're contacted, they'll say, "I have this kind of toe. Are you able to service or provide the service or not? And if they cannot, then they move on to the next person on the rotation." So currently the rotation does consist of these five folks. And really the contract doesn't limit or require a certain number of towed trucks. It simply requires 247 uh availability and then some of the other guidelines that I referenced earlier. >> Do you see the present uh tow trucks in the rotation being larger businesses? In other words, having multiple trucks versus one or two. Would you know? >> I would say that one of them is larger than the rest. Uh but there are some small and I don't know if any of them are are here today but some of them are the smaller local tow trucks. >> Okay. Is the larger one the out of town truck? >> Yes. >> Okay. And that's >> but but again this is a rotation and so that is part of why the rotation is helpful because we don't go to the large one. It's whoever is next in line to be contacted for the toe. >> I understand. But I think that when you're talking to um local small business owners, um the fact that an out of town company has um one out of five spots to be able to do this, it it's concerning. And I understand you said they um they function both in San Antonio and they function here. I think we have enough business here that we could probably support this kind of a situation. And I understand, chief, um if if I'm in an accident, I'm calling AAA. I mean, that's and then AAA is picking out the tow truck for me. I don't have to worry. Uh and I'm sure that these other small trucks are also part of that. I would really I mean I'm not this is not this is not a motion in any shape or form but certainly would like to see if we could um at some point in time before the three years reopen the contract for review. My biggest concern in this is going to be to have the voice of the people the small business owners that are part of this so that they can become involved. if we need to have training, if they need to know anything about doing business with the city that we're able to do that for them. Thank you. Thank you, Mayor. [applause] >> Representative Chavez, >> I'm sorry. May I Nicole Cody, city manager's office. So, Representative Fiero, we do have an answer to your question. So, we received um 10 bids for the solicitation. two were deemed nonresponsive and then it was awarded to five. >> Thank you, >> Representative Chavez. >> Thank you, mayor. Thank you, chief, for your presentation. So, I also had the opportunity to attend the meeting at the Westside Regional Command Center and thank you for the presentation you gave us then. And then I also had the opportunity to meet with some local um towing companies. So I also have just a few questions as my colleagues um have had as well. Um and I asked you I think this at the meeting uh at the Westside Regional Command Center. So I know that the department sometimes is stretched thin depending on what's occurring every day, right? And response times might not be as quick as other times. So, we heard this morning when uh the towing companies were giving their public comment that many times they help move things out of the way to create uh traffic flow. >> What would what would happen if someone doesn't call a towing truck right away, right? Because of whatever the circumstances are at the time and they're waiting for PD to get there to make that call. um how do you foresee this, you know, helping or not helping in terms of traffic flow and and what they what they talked about this morning? >> So, we do know that when there's accidents on the Interstate 601 or US 54, you have the hero program and they're very active in getting roughly 2500 vehicles off the roadway uh throughout El Paso just in the previous year. I know that locally if individuals are involved in an accident and maybe it's something we have to do as a department with our community and getting word out that when you're involved in an accident um make sure your insurance company know maybe it's through a script through 911 but when individuals show up one thing that they need to be aware of is that they're properly trained from the incident management system right it's certification through the state and all and moving a vehicle is not always the best alternative because there could be an investigation if there's serious bodily injury or drunk driver or god forbid a fatality, right? Can it impact at other times? Well, it can also impact when they clear out a scene and individuals that are drunk out of the system and get involved in something else. So, we're hoping that through our community outreach and our meetings that we get the word out. Make sure you contact 911 first and if you're going to need a tow truck, let them know or talk with your insurance company like they mentioned earlier where AAA comes in. Um, just like any insurance company, they could be the first ones making the notification and sending someone out on that. >> So, would 911 operators now be instructed to ask if they're going to need a tow truck or how? >> So, and when I say it's uh exploring, what we're doing on the scripts is one thing I've told and we've talked about at staff is we don't want to slow down the 911 process, but if we're able to get certain scripts in there on certain services, it's something that we've been exploring. >> Okay. Um okay. So um I I want to talk a little bit about um the qualification process going forward. So I I can understand both sides of this, right? I really do. I I was a small business owner for over 20 years and so my heart is always in protecting small businesses because I know um I know what it takes to build a business and to work very hard to keep a business and to make ends meet. Um and I also know that businesses in general provide a lot of sales tax revenue for the city of El Paso. So, it's very beneficial for us to to protect and help them uh ensure that they stay in business and are successful in in that effort. Um, something that Hilberto Carlos said this morning is um that he he wanted to know uh how he could also have access to get that kind of work. I think that was something that he said and I know that many times we've talked about um the qualification process through procurement sometimes because of those qualifications that are listed and this has happened in other industries as well. So this is not specific to this but many times the qualifications listed automatically disqualify many people from even being able to to be considered. Um, and with that said, I I wonder what it would be like going forward because of, you know, the vendor performance report. Now, uh, these newer companies won't have a vendor performance report because they wouldn't have had that experience attached to them. And then they may not have other qualifications that might be listed. And so I do worry about that because as I mentioned um I think that they're they're very uh legit businesses. They're hardworking people. And so my my question is how can we ensure that our qualification process doesn't automatically disqualify certain companies or certain individuals. um trying to make it a better process to to ensure that more people have a chance at getting that kind of work like heel to Carlos said this morning. >> Okay. Uh Representative Chavez, I I think that's certainly a a valid factor that we need to consider for this and really everything for the growth of the city. Um one thing we'd have to look at is what we need, but then also what factors have changed. for example, this ordinance would could potentially change the the needs for this vendor going forward. So, I think keeping that in consideration and also we may not have looked at what has changed when this was initially put out to bid and so it's certainly worthwhile for us to sit down and re-evaluate everything that was done in the past and consider what needs to be done differently going forward. >> Okay. Uh thank you for that. Um, I also worry a little bit about the fact that when this does open up again, I think it's in 2027. I think from from what I heard from my communications with the towing companies, my conversations with them is that in some cases 60% of their business relies on this type of work, right? So, I'm just worried that some of these businesses might not make it to 2027. They might end up going out of business because of this. And that's that would be very unfortunate. Um I'm not trying to say that there are not bad actors out there because I know that there are and all of us I think in our offices have sent have read emails and heard testimony from people as as like the one you just mentioned chief. Um and and we definitely don't want to compromise an individual's um you know priorities during a time of need because of a bad actor, right? We definitely don't want to put them in harm's way or or create a bigger burden for them because of a bad actor. But there are bad actors everywhere. But then there are also very good people um like we heard from this morning. So I I am worried about the fact of putting people out of business. That's why it's a it's a difficult decision as you may as you may know chief because there's eight votes on this council and I think equally you know maybe maybe this vote will put people out of business and that worries me. Um I don't know what the solution would be though, right? Because you have those people on one end on and on the other end you have people that might have had the experience of bad actors in our community and didn't get the chance that they needed to get during a difficult time in their life. So I don't know if you could speak to that a little bit about how your thought process was when you came to this and how you feel about that. >> There's a few areas that uh cover there. I I recall a few weeks back there was a local article in regards to one of the towing companies and they were experiencing a problem in regards to the fuel costs and the first thing that really crossed my mind was that's impacting those that are driving around looking to solicit right and yeah I'm born in El Paso I believe in in small business as well and I work hard for the community. I think one of the things when we look at this ordinance it's not forbidding them. I think what really needs to be looked at is how can they get their name out as a legit business out there for anyone to give them a call when they need a towing service. So maybe that's an area to explore. Maybe through through our our quarterly meetings we could offer some suggestions to an extent, right? But with social media nowadays, there's ample opportunity if you're a legitimate business to get your name out there for individuals to see it. >> Okay. So, more outreach maybe to those companies to make sure they have the support that they need to ensure that they don't go out of business. >> Yeah. And and I just want to make sure that um I'm clear that I I definitely understand why this ordinance was brought before us today. I understand that there's a need in the in the community to prevent predatory to towing that could potentially put people in a worse situation than they already find themselves. I get that. I really do. But I just want to also express my support for small businesses in our community to ensure that they know that um we we want them to continue operating and be successful in our community. >> Yes, ma'am. >> Thank you, Chief. >> Chief, before I go to Representative Roachcha, quick question here. um out of the five that we're putting in place now, if one of them doesn't perform or don't, you know, you want to get rid of them, what's the process of getting rid of that company? >> So, if it's a process where we've called for a towing company and they don't answer the phone, the next one jumps in. Long-term in regards to the vendor performance. I'll let you cover that one. Mayor, to answer your question, if we needed to remove somebody from the contract, then we'd reach out to purchasing to amend it to remove that individual because each one of them is expected to follow the same service requirements for the contract. So, we'd remove them from from the active rotation list on this particular contract >> and then you would be down to four and that would be adequate for the city. >> I don't know that I'd say that'd be adequate. Um, I think if we'd start seeing that there'd be a service impact, we have an obligation to reconsider the terms of this contract and whether or not there's a sufficient number of vendors. >> Okay. >> Okay. I'll have some more questions in a minute. Represent Rocha. >> Thank you, mayor. That was actually part of one of the questions that I had. Minnie, I don't think you're done yet. Sorry. So, yeah, you might as well stay. So looking looking this up, according to the National Insurance Crime Bureau, 89% increase nationwide in predatory claims. That's on a that's on a nationwide level, right? So predatory toying, I understand, is the basis for all of this. Do you have any stats in relations to the predatory claims and and what their status is here in El Paso by any chance? >> No. So the way that this came about was uh between Chief Sirore, Chief Lanahan and myself, we um I oversee the toll lot and so we started hearing from other vendors and then we started hearing about the situations amongst the vendors and then the officers on the operation side. So we it really just came up that way organically and uh we started becoming concerned for the citizens and then Chief Sor began working on on an ordinance. But I can't give you a number I'm afraid not right now. >> Okay. I I'm just interested to see if if there is data on that to see what the what the predatory claim rate is here in El Paso to see what that looks like, right? >> Yes, ma'am. >> Okay. >> Definitely look into it. >> Thank you. I appreciate it. And then on the vendor performance report, you talked about a little bit, you know, uh based off of what the mayor said, but what are the parameters that they're supposed to operate with? So what what are their they have to answer a call within 60 minutes, right? That's one piece that and just the the top five. Let's say uh be in good standing with TDLR. >> Okay, that's a Yes, I have that one. >> Uh operate a two-way radio. Um clean the accident site of all wreckage. Mhm. >> be available 24/7 and have at least one qualified driver per required vehicle. >> So, let me ask you, Minnie, so when you talk about, you know, the scenario that the mayor just brought up, which is potentially, you know, you lose one or where one has to get taken off. What are the steps to have that vendor removed? >> We've never done it before, so I relative to speak to it, and I don't think Claudia would be >> [laughter] >> Thank you. >> Good afternoon. Cla Garcia with purchasing and strategic sourcing department. So the process to uh terminate a contract uh in this case we're assuming that the vendor is not performing up to the uh terms of the contract. So we would be recommending the processes that we're going to get with the vendor trying to help him fix the deficiencies that they are uh showing under this contract. Um, and then eventually, uh, if they they fix all the deficiencies, then they're they're good to go. If they continue having deficiencies, then we're gonna start, uh, the official cure process, meaning that we're going to ask them to provide a plan to permanently fix those deficiencies. They're going to provide the plan. We're going to review with the department. The department is going to approve or ask for modifications. And then the vendor will have uh an amount of time based on their plan and the agreement that we have under that process to definitely fix those deficiencies. If they don't, then they are going to be advised as soon as we start this process that we're going to be terminating for default. >> Okay. >> And that's when we're going to bring this recommendation to you to Yes. to terminate uh that uh vendor for default. So, so let me ask you, and I know that it's relatively new, but now that let's say you start going through the process and you identify that one of the five or two of the five, whatever the case is, starts to have those deficiencies, will it prevent them from getting onto the rotation the next goround? In other words, they have they have like a a ding against them for for getting to those deficiencies. >> Yes. Correct. So when we terminate a vendor for default uh that is uh in in the coming years depending on what we're terminating for >> uh and the risk of it we would uh deem that uh vendor non responsible because we have had issues with them in the past. So even if they submit a response to any of our solicitations they're not going to be considered. >> So when it comes to and I appreciate that thank you Claudia for for the clarification on that. One more one more question and it may include you Kalia still complaints. So those complaints that come through in regards to any vendor or any tow tow truck company do they typically go through PD or you know let's say you have a predatory claim that comes in for for a tow truck? I mean obviously it's an accident PD has responded to some point. Where do those complaints go? How are they logged? Do you know? Does anybody know? I wouldn't be able to respond to that question. >> Chief, >> I could speak on the police side. If uh one of the vendors has reached out in regards to a complaint or something they've seen and they want us investigated, we do investigate all complaints that come in and we follow up with a reach back to the vendor to let them know what was found in regards to it. >> Okay. Thank you. So, one of the things is is that um I I guess a question that I have because it started very organically in these tow lots and with these officers. I had an opportunity to do some ride alongs with with Pebble Hills and with Mission Valley over the last couple of months. >> Yes. >> And it it is one of the things that came up in regards to the safety piece of it. So, um and I don't know exactly, I'm not the expert in it. It was just, you know, one or two calls that this this happened on. But my question would be is that can action be taken against the predatory companies, the predatory towing companies? >> What action >> can there legal can there legal can there be legal action against them? >> Yes. First and foremost, one of the reasons we're here today, we've never had the ordinance like the other six cities that I mentioned in the state of Texas have to address this problem. Now, each case is different. Each situation's different. We've had some scenarios and have also reached out to the white collar section and the district attorney's office on it. Depending when the claims made that they're particular to a business or they're charging something, it all depends when everything falls into whether it could be something in furtherance of a class C and maybe a higher offense as well. So I think the very important thing a day is giving everyone the tool to at least address it at this level before it becomes a bigger problem with the individuals that have been involved in an accident or the victims. >> Thank thank you for that chief. I appreciate it. So right now officers are required to to say they get on the scene or let's say they don't get on the scene. an officer response time is about 20 minutes I'm imagining roughly >> ities to an accident I know it varies but just on average I guess >> just bear with me I'm not saying that that's the case but let's say it's 20 minutes right so in those 20 minutes a predatory company would come in and beat your officers to the scene >> typically and that's happened >> no that that's that's what I'm saying right is that it typically that would happen so at that point then you would have the the tow truck company could potentially tow the vehicle away before officers even arrive on the scene. >> That is correct. And one of the reasons I gave an example earlier in regards to two individuals that were involved in an accident. >> One of the tow truck drivers told him, "Look, she's already admitted she's at fault. PD's busy with calls. Why don't you just exchange information?" They opted not to. When the officers got there, the individual on the other side reference to the vehicle they were driving was arrested for drunk driving. And then the next day, they found out that the insurance wasn't even valid. So that's why it's important that when they're out there, individuals make the decision as to who they're going to call and go about it like that. And I feel that they need to make a quick decision so they the vendors can, excuse me, the tow trucks get to the next call. So it helps not just at that scene but in furtherance of it because an individual's held responsible for drunk driving. >> Yeah. And and I I I am conflicted because I understand the the the safety component of it and I also understand the fairness component of it as well, right? To be able to do it. But but at the end of the day, it's I I think about the person that is in the situation at that moment >> and what they're [clears throat] going through. Yes. And and I don't want to come off as, you know, I'm gonna kind of give this blanket answer for everybody to adhere to because it's it's the few bad actors. But typically that's how we've been doing things unfortunately, right? I I my son experiences it in school when he goes through punishments. He may not be part of the group that was in the situation, but all the grade gets punished for it. I I know that's a terrible analogy, but unfortunately I just want to be able to at the end of the day protect the consumer and those cash payments probably don't come up on our tax on our sales tax roles. So, right, I mean I understand the the five companies that are taking these payments, are they taking them with cash apps, credit cards, what are they doing? Do you all know do they take cash payments? >> We know that there's a standard fee and receipt on all. >> Right. Right. So, um there is a a the in terms of the fees that they can offer, they're also covered in the contract. >> Um but I don't know that they can take cash. >> Uh we could find that out for you if that's if that's the question. >> I I don't I don't need it. I know my time's up so I'll just come back around in a little bit. Thank you. >> Okay. >> Represent Nino. >> Thank you, Mayor. There's been a lot of great questions that have taken place today when it comes to the vendor performance. I'm trying to understand. So, there's a vehicle accident. Say PD calls for a tow company. The tow truck gets there, the vehicle gets taken or gets on on the tow truck. H is there a report that gets turned over of the scene was cleared, debris was picked up. How are we keeping track of each individual incident in regards of KPIs with these vendors that we currently have? >> If we're calling for a tow truck, there's going to be a accident report on all them. So the officers are document everything to include that the vehicle was towed away. So if it's a non-consent towing, then there's an inventory of the vehicle as well with the officer's name and time as to the contents that were in the vehicle and the location it was transferred to. So there is a record of it and the records verify that the cleanup process takes place as well. >> Perfect. Now, I was looking up the Texas DD uh Texas Department of Licensing and Regulation where it talks about, you know, a tow truck operators, a professional license by the Texas Department of Licensing and Regulation to perform towing services in Texas, ensuring compliance with state safety operational regulations. They must hold specific licenses, including management, private property, or consent based on the type of towing they perform, such as accident clearing or an authorized vehicle removal. So, um I was trying to understand also I know that you guys said that you did outreach based on you know different searches. Um according to Texas Department of Licensing and Regulation, it shows up that there's about 274 tow truck operators in the city of El Paso. There's about 50 that are renewing or are expired in the process of renewing their their membership. But did we also go through that database to do outreach to them so that they could essentially have some sort of input in this process? >> Well, I mean we have not done that that portion and when I the number I coded was based on what we were able to gather and and filter to ensure that individuals were um at least contacted. So the vision is when we have the quarterly meetings that the the business community, the truck vendors and companies have asked for is talking to them about those issues as well and making them aware of it as well. >> Okay. No, thank you for for answering that. You know, I share a lot of the same sentiment in regards of um potentially these businesses relying on 60% of this type of business, right, for them to operate. But I'm grateful for all the questions that everyone has uh put together today and for the presentation. Thank you, mayor. >> Thank represent trail. >> Thank you, mayor. More questions. Uh so I'm trying to wrap my mind around everything that's being said today, the the speakers that came, those that we spoke to, the meetings that was had that were had and and really trying to make a good decision with this. Um, and so with with this new ordinance, it's going to affect this industry here in the city from what was right, what what was what we were used to doing. And so my question, I guess, is to Miss Mack or or to purchasing as we're looking at this change and how it affects this industry as a whole, should we be considering rebidding this so that this can be taken into consideration? This is a big change within the industry that's affecting all the towing companies in El Paso within the city limits. And so should we be looking at possibly rebidding with the with the changes and giving an opportunity to those who didn't uh as you know the original bid in 2024 was very different than what we're looking at today. And so >> it doesn't change the criteria for the bid or >> it doesn't change the criteria but it changes how those that may not have applied for this for this bid for this bid now have the opportunity because there's a change there's a huge change within how business is done and so this it's just a question you know something to consider I I'm just wondering if there's something here that can be done to give others an opportunity and then even I'll consider expanding uh how many vendors we have so that we have more uh companies that have the ability to do business with the city. And those are just some of the questions that I have. You know, I'm wondering if maybe there's there's things that need to be taken into consideration a little bit further before making a decision because there's there's so much uh so many of us here that are conflicted with this with this final decision uh that's going to affect many uh many in El Paso. And so these are just thoughts that I'm having to see if maybe how can we move forward um to make this more equitable for everyone in this industry. Thank you >> represent Basto. >> Thank you mayor. Just uh I had a lot of questions but my colleagues asked a lot of the questions that I had. Um and this is a good discussion overall. I'm I'm trying to understand why are there only five? I know you had said 10 I believe earlier 10 had applied five were selected. >> Is there a reason for that? Can there be 20? Can there be 30 that could be on the rotation? Because I think earlier I think you said that there's 38 companies that were contacted or something along those lines. So I'm trying to understand that in terms of why it's only five. >> Okay. So uh as the procurement process uh starts uh we open publicly as stationation for all the community to see. Uh so if they have questions during the procurement phase uh when advertising they have questions uh about the scope of work the criteria included as part of the station to be awarded then uh that is publicly open to all the businesses that may be providing those services for uh for the city. Uh as soon as we receive our uh responses to our solicitation, we evaluate uh we check for responsiveness responsibility uh to continue the evaluation process and then we award to the ones that got a passing score as included in the cell station. We're considering a passing score as seven. So the committee will review the evaluation uh factors based on the information submitted in each bid and then we will recommend award to those with passing score as uh this one was a multi-awward. >> Okay. So anyone with over a score of seven that's a passing score. So those get selected. So let's just a scenario where 30 apply and 20 get a passing score. all 20 would be selected and they'd be part of the rotation >> if that is a determination of the cell station that we are indicating that it's going to be a multi-awward to particularly for these type of contracts as the way it works so we can have a list of qualified vendors to provide the services needed >> okay so there's no real ceiling it's really just qualifications meeting the qualifications getting a passing score okay that's that's really good to know and I understand that um completely now I I guess And I'm not trying to put you on the spot, but out of the five that were selected or even the 10 that applied, were any of them in the B by El Paso program? >> I would need to go back and check because it was a long time ago, so I don't have that information. >> Yeah, if you could just share that with me. Um, and perhaps if the council wants it too. I I'm just trying to understand if some of those were there because then they get extra points when they're part of the B Paso program. >> So, let let me just clarify something. uh when we're talking about the type of procurement. Harold Paso doesn't apply to every type of procurement. In this particular case, it was um best value bid procurement. >> Best value. Okay. >> And Harold Paso only applies to low bid. >> Okay. Perfect. Thank you for the clarification. Appreciate it. >> Just a quick question, Evette. Wouldn't the goal be to have more people that could respond to the accidents >> instead of instead of just five >> on a city the size of El Paso? The amount of accidents we have 90 minutes for me is seems like it's it's on the the far end of a response. If there's more companies that could have been put into the pool, it should be the ones that could respond quickest and that are near the accident. And that's not how the thinking went into this. >> So I can only speak about the procurement process and the scope of work and the requirements included as part of the solicitation. So if we only got 10 responses, I mean that's the only number of responses we can evaluate for a recommendation. Okay. following the competitor proc uh procurement process. >> And Claudia, the the outreach again, if if there's 69 tow companies with 2744 tow truck operators, we only got 10 responses. Wow. Okay. Representative Tjo, >> thank you. I just want to make a motion to postpone this item to allow more research uh and then come back once we get a lot of these questions answered. Uh we can come back in a month if anyone wants to second that. >> Okay. There's a motion to postpone the item. Is there a second? >> How much time? >> The 28th >> 28th of May if that allows enough time. >> Okay. There's there's a motion to postpone this to the 28th of May. Is there a second? for 30 days. >> Four weeks. 30 days. >> Second. >> Okay. All right. There's a motion and a second. Representative Lemon >> for discussion. Postponing it. For what reason? >> To allow more >> to allow more research. There's a lot of questions still uh the you know the there's not a I feel like there's a lot of questions still here from the council to allow more research to allow more time to speak to the vendors to the industry to gather more information. Um I with all due respect, I think that the the action item today is literally just to say that tow trucks are not allowed to show up uncalled to incidents. >> Correct? >> That's it. The other part which would be the rotation piece is something that could not really be addressed today. That would need to come back to council in the future >> for us to look at. >> That's totally separate from this ordinance. And you're right, Representative Leone. All we're saying is you cannot show up at the scene of an accident. You could remain in business. You can advertise. They can call you. Just do not show up. just don't show up un unrequested. >> If I'm in an accident, I have the choice of whom I need to call. That's it. That's all that this item is. Is that correct? >> Correct. And it matches up with other cities in the state of Texas that have been doing the same and it's been successful. >> Thank you. Thank you, Mayor. >> Any other discussion on the amendment? Representative Chavez. >> Thank you, Mayor. Um, regarding um, Representative Thjo's motion, if we postpone it, um, Representative Thjo, Miss Mack, because taking a vote today is either going to allow businesses potentially to stay in business or or have to um, redesign their whole business plan and figure out how to continue moving forward, right? Potentially for some of them as we just mentioned earlier. So, Miss Mack, would postponing this item give us an opportunity to discuss if when we went through this procurement process in 2024, how we came to the decision that five companies would suffice the amount of volume that we had in the city of El Paso. I >> mean, we can bring back the history for you. As I recall, because I think I was just with PD, we have we have typically had to go out for multiple bids for this. This was this one of the ones we posted twice. So, we didn't even have sufficient the first time. So, we talk about the number of companies, but I think it's even been difficult for us to land at five. Um, I know that the prior contract prior to that, we probably didn't have much more than that, maybe five or six as well. So, we'll be happy to provide you that information. My concern would be that the folks who have um positioned their businesses to be successful for that procurement process could be put at a disadvantage after having gone through that. So I think it is about striking the balance. When they went through that process, their assumption was that they were going to be locked into this contract with this level of business for the city, you know, for that three-year period. So, we absolutely want to make sure that as you're making this making this decision that we're thinking holistically about the folks who went through the process, filled out the paperwork, got all the certifications that were necessary and are aligned to the things that are needed for the city. And so, absolutely in 2027, they maybe want need to be another consideration, but I do think that we need to honor what was awarded on behalf of the city for the companies who went through that process. >> And I agree with that. But my my only push back to that is that the people that didn't solicit for this procurement process may not have known that they needed to because they didn't realize that this ordinance was going to be in place and they were going to be not allowed to to basically run their business the way they've been running it. So maybe they didn't feel the need to solicit for it because they didn't think they needed to. But now given this ordinance, they would have to if they wanted their business to survive. So I think that's a critical component to it. Um, and that's that's my question. I I'm not saying that we should cancel people's contracts. I'm just saying how do we think if five to the mayor's point is enough? Like when did we come to that determination and are we still there? Basically, >> I would make the recommendation that we hold with the contract that we have that we have our team meet with the vendors who are interested or showing some interest and we make sure that they understand what that criteria might be to even see if they meet that criteria before council even you know considers moving away from the existing contract because as you know there are certain things that you have to meet and maybe every company doesn't have the ability to do 247 or some of the other things but I think it's a good opportunity for education then bring that back to to you in terms of what we think might be available based on the voices that we've heard through this process and then we'll have an idea of where we might land. Ultimately, if the contract was ending in 27, we would be going out to bid this year anyway. >> So, can we bring back that all that information in 30 days to representative's motion? >> I'm looking at the team who would do the work. >> 30 days. >> So, be because I do think it's important that we address predatory towing, right? I mean, I think we all agree that that's important to address, but there's another component to this that I think we also need to look at so that we don't um, you know, um, restrict these companies, but rather regulate them in a way or open up an opportunity for them to also participate if possible. Right? So, I'm just thinking what kind of conversations can we have on our end to figure this out? >> It really is about how to do business with the city. you know the conversations you all have asked us to so we're separating that from the ordinance alto together in terms of understanding once we go back out for bid what would that look like can we get more vendors and so I see them as doing two different things so it's totally up to you how you look at that I think we can commit to you know getting it done as soon as possible we certainly don't want to have meetings where people aren't participating so we want to make sure that we kind of adhere to their schedules and figure out how we do some of that work as well >> yeah and I agree participation is key thank you Smack >> represent Fiero. >> Thank you, Mayor. >> Sorry, Mayor. Um, this is my second time here. Um, Chief, if I'm a predatory tow truck uh business, whether this whether we postpone this or not, I'm still breaking the law by showing up to a an accident and taking somebody's vehicle >> with the ordinance. Correct. Um, and I I want to be careful in the way I state this. So if the ordinance is not in place, individuals can drive up to the scene in any way or manner and confront individuals that are going through an emotional roller coaster and offer service to something they might not be aware of what they're agreeing on. So, am I correct, Chief, that either we're going to stand with the citizens and protect them or we're going to or just let things go as they are and hopefully people will be covered some way or another. >> I I just want to keep the community safe and I hear their concerns out there and I've heard them from council. >> That's exactly how I feel and that's why I'm going to support this. Thank you, sir. >> Thank you. >> Thank you, Mayor. >> Okay, Miss Brian, let's call for the vote on the extension of 30 days. >> Yes, sir. So the motion was made by representative Trejo, seconded by representative Nino, and this is to postpone the item for four weeks. On that motion, call for the vote. There's a timer in the voting session and the motion fails. 5 to four. Representatives Chavez Acedo Trejoin voting I. Representative Drocha Pierro Lemon Canales and the mayor voting nay. The motion fails. >> Okay, we're back on the main motion. Representative Lemon, if I may, I think we have a lot of people here that spoke to us in Spanish that may not necessarily perhaps understanding. So, may I speak in Spanish? Um, no. conversion grew as equal grew as participant. No. Laura Prime Okay. >> Okay. Is there any more discussion on the main represent you? There you >> Thank you, mayor. I I guess Miss Mac just to clarify the postponement didn't go through and from what I understood the postponement would have been for 30 days and in those 30 days the item would have come back and then at that point you would have given us more information in terms of reaching out to the vendors or the the tow truck companies that are here telling them how to register But since that postponement didn't go through, you're not going to do that. You don't have the direction to do that, right? >> We are cuz we just talked about the contract is actually up in November. In order for us to get that contract done, you know, we would probably need to be out, you know, within the next couple of months anyway. So, I think the team can start doing the outreach for it that allows for them to get anything they need to get in order so that they can be ready by fall to be able to apply for any contract. I think this is one of the things that you all have asked us to do in terms of engaging with the community and we can start to do that around some of these items. In some cases, we can't ask um provide a lot of the detailed questions that people have once a bid is opening, but we certainly can do that in advance when we know we have a defined group of people that the team has already reached out to. So, we certainly can provide you with that timeline in terms of what that look like. I would say at least by June that we should start that process in terms of getting people ready to apply for it. >> Okay. So then you'll you'll reach out to let's say at least the speakers today because we have all their information. >> Yes. >> And then um see if they have the qualifications and certifications and then say you can apply because you have these certifications or you could go get these certifications and come back and apply in the fall because we're going to award this to replace the contract in 2027. >> So my thinking was that we would like start with how to do business with the city. how do you register as a vendor? Then go through, you know, what the contract requirements were, what the state law requires, and then they can determine for themselves whether they have, you know, any gaps within that. And we should also be able to share when we will have this um solicitation open, and so they'll know how to get to the portal to be able to do that application. >> Okay. So, you'll do that. You'll you'll be you're you're I guess you're doing that based on the discussion that has taken place over the last hour or so just to see what happens because of the unintended consequences of the ordinance that's being proposed today. >> Correct. >> Okay. Thank you so much. >> Okay. Any further discussion on this agenda item number 56? All right. Hearing none. Miss Prime call for the vote, please. >> Yes, sir. The motion was made by Representative Maldonado Rocha, seconded by Representative Aso to adopt the ordinance on item 56. On that motion, call for the vote and the voting session. And that motion passes 6 to2. Representatives ADO Maldonado Rocha Tjo Lemon Canales Fier Voting I. Representatives Chavez Nino voting nay. The motion carries. >> Okay, let's take item number 57. Thank you Chief. >> Thank you, mayor and council. Thank you. >> Item 57 is a public hearing of an ordinance granting a special permit to allow for infill development with reduction to the lot depth and front rear and site setbacks at 2000 Grand View Avenue. Is there a motion on this one? Repres. Okay, there's a motion and a second. Okay. >> Good afternoon. >> Good afternoon, Mayor and City Council. Kevin Smith with planning inspections. This item is a request for a special permit for infill development at 2000 Grand View for reduction in the lot depth and setbacks for this property. It is located off of Grand View just west of Cotton. The future land use designation is G2 traditional neighborhood. The zoning uh for this property and the surrounding is predominantly R5 um uh for residential development are this is not a resoning. This uh the the proposed use is for a duplex. A duplex is allowed in this zoning district. Just this lot is a little small for for that uh for that use. So again, this request uh as you can see that is a uniquely shaped lot and the request is for a reduction of lot depth as well as a setbacks to allow for this development. It's a project like this that does uh help support the city's initiative to provide a mix of housing options as well as to um develop lots that otherwise would may be undevelopable. the the proposed height is um almost a little bit under 13 feet in height. Here is a uh image of the detail site plan superimposed over the aerial imagery again with the detailed site plan. This is binding. So this is what is uh would be developed on this site. The this is a view of the subject property. It is currently vacant. And as I previously mentioned, the surrounding development is predominantly residential in N. It is residential in nature and uh is zoned R5. The applicant did uh notify the various neighborhood applicable neighborhood associations, the El Paso Central Business Association, the Sunrise Civic Group um and the central El Paso community organization of this request as well as ma uh mailers were sent out to the abuing prop property owners within 300 ft back in January. Uh staff did receive two phone calls of inquiry as well as one phone call of opposition. The opposition predominantly revolved around uh the high probability of this being rented out as well as uh potential for crime and noise. The notice um this is a map of the notices that took place. There were 56 notices for the 56 properties within 300 ft and staff um and CPC recommend approval of this request as well as a detailed site plan that accompanies this. Okay. Okay. >> But I'd be happy to answer your questions. >> Represent Canelis. >> Actually, my question got answered during the presentation. Okay. To support this one. Thank you, Kevin. >> Okay. Thank you. >> All right. Any questions on this particular item? >> All right. Miss Prime. >> Yes, sir. The motion was made by Representative Canales, seconded by alternate mayor prom to adopt the ordinance on item 57. On that motion, call for the vote. and the voting session and that motion passes unanimously. >> All right, let's take item number 58, please. >> Item 58 is a public hearing of an ordinance vacating a portion of a 60 ft road at west of Saragosa Road and north of Interstate 10 highway. >> Represent Pierrell. >> Motion to approve. >> Second. >> All right, there's a motion and a second. >> Again, Kevin Smith, for the record, this item is a request uh it if you can pull up the presentation, please. Thank you. to um vacate a portion of undeveloped rideway uh which would be the extension of Holstein. Here is a view of the aerial imagery. Um it is located off of Zerugosa. It is a little bit north of I 10 south of Pelicano and is currently vacant. Uh the extension of Holene or the existing portion of Holing that is just to the left there of the image is existing that is not proposed to be vacated. is just the undeveloped portion. I will note that the applicant did work with the neighborhood on this request. They had concerns about Holene extending all the way to Zerugosa and the applicant worked with them and will be uh providing a dead end there at Holene so that the road does not connect to Zerugosa and the the neighborhood was supportive of this. Here's just a image of the proposed vacation over the existing aerial. Uh the property is approximately 1,000 ft in length from Zerugosa to the extension of Holene where it's existing and it's part of a proposed commercial development that would have access only to Zerugosa. So the the development would not have any access to the residential neighborhood. Here is a view off of Holene to the current dead end. This is looking towards Zerugosa and Zerugosa is like I mentioned is approximately 1,000 ft to the east. public. Uh this was uh published in the El Paso Times in October and notices were mailed to the property owners within 200 feet in September. And staff did receive one call of inquiry regarding this request. And with that, staff um recommends approval of this request as well as CPC did recommend approval. Be happy to answer any questions. >> Okay, we had a motion and second. Any discussion on this particular item? >> Thank you, Mayor. >> All right, Miss Bry. Yes. The motion was made by alternate mayor prompo, seconded by representative Lemon to adopt the ordinance on item 58. On that motion, call for the vote in the voting session. And that motion passes unanimously. Representative Asdo not present. >> Okay, let's council. >> Thank you. Let's move to item number 59, please. Item 59 is discussion and action to authorize the expenditure of district 1 discretionary funds in an amount not to exceed $2,000 for initial costs related to the new adopt a street program which serves a municipal purpose of improving the visual impression of the community and promoting community interest in the beautifification of the city of Al Paso. This is Representative Chavez's item. >> All right. Can I >> motion to approve? >> Okay. Motion and a second. Mr. Pine call for the vote. >> Yes, sir. The motion was made by Mayor Prom Chavez, seconded by Representative Lemon to approve item 59. On that motion, call for the vote in the voting session. And that motion passes unanimously. Representative Odo not present. >> Okay, let's take item number 60, please. Item number 60 is discussion and action at the resolution approved by city council on June 10th, 2025 authorizing the expenditure of district 5 discretionary funds and an amount not to exceed $3,000 be amended to increase the authorized amount by an additional $5,000 for a total amount not to exceed $8,000. This amendment is necessary to address increased costs associated with District 5 community cleanup efforts, including the rental of rolloff trash containers that provide residents with accessible options to dispose of bulk items, and reduce illegal dumping. These efforts directly support the municipal purpose of promoting neighborhood revitalization, fostering community engagement, enhancing public health and safety, and improving the overall quality of life for residents. and that all other terms and provisions of the resolution shall remain in full force and effect. >> Represent Nino. >> Motion to approve. >> Second. All >> right, we have a motion and a second. >> Mayor, if I may, >> represent Nino. >> Thank you, mayor. And I just want to give perspective. You know, our the roll on containers cost about $490 now to rent and I just did a recent community clean up this two weeks ago. So, essentially, if I get two rollong containers, one cleanup could cost me about a,000 to $1,500. So I just wanted to give that perspective as to why I'm also it already states it on the language but as to why I'm requesting additional funds for my discretionary funds. >> Very good. Thank you. Miss Bryan call for the vote please. >> Yes. A motion was made by representative Nino seconded by Mayor Prom Chavez to approve the resolution on item 60. On that motion call for the vote and the voting session and that motion passes unanimously. Okay, let's take item 61, please. >> Item 61 is discussion and action on a resolution to authorize the expenditure of district 7 discretionary funds and an amount not to exceed $600 for the purchase of a copper sponsor package for the Texas State Spanish spelling be 2026. The sponsorship packages assist in supporting key event needs to include venue, rental meals for attendees, trophies for the top three spells, diploma, certificates, and medals for participants. represent Lewan. >> Mayor make a motion to approve this item. >> Okay, there's a motion and a second. Okay, >> mayor, if I represent Lewan, >> and and do you want to um state that um this is a great event in our city and the winners, we've had the the regional winners here before to do the pledge for us and the state winners now will go to the national competition which is in Albuquerque in June. and I am just really honored that I serve as a judge for both the regional, state, and national competitions. >> Outstanding. >> Thank you. >> Congratulations, >> Representative Canales. Representative Leone, your word iso. [laughter] >> No, this is a great event. Um, >> can you use it? Can you use it in a sentence? [laughter] >> It's the It's the name of a place. Ah, no, this this is this is a great event. U I know we've had the the winners here in the past uh as as Reb Blummon said. So, I'm I'm very happy that she's able to support it this time around. Yeah, we're very proud of our Spanish spellers in El Paso. Thank you. >> And before we take the vote, what's that word again? >> Miguo. >> Okay, with that said, Miss Prank, can we take the vote, please? >> Yes, sir. The motion was made by Representative Lemon, seconded by Representative Guy Trejo to approve item 61. On that motion, call for the vote and the voting session. And that motion passes unanimously. >> Okay, let's take item number 62. Item 62 is discussion and action directing the city attorney in collaboration with the city manager as necessary and with the assistance of El Paso Water Public Service Board General Counsel as offered to prepare and present for city council consideration an ordinance requiring that any commercial solicitation distributed within the city of El Paso related to water quality, water safety, water testing, water treatment, water filtration, or any service that represents directly or indirectly that it evaluates affects or improves water quality, safety, or compliance with public health standards. Include a clear and conspicuous disclosure in identifying the business responsible for the solicitation and stating that the business is not affiliated with or endorsed by any government agency or public utility. For purposes of the ordinance, commercial solicitation means any written, printed, digital, or in-person communication primarily intended to advertise, market, or sell a product or service to residents and that it contain the eight requirements posted on the agenda. This is Representative Canales's item. >> Represent Canales. Would you like to move to approve? >> Yeah, thanks. First off, first off, I'll move to approve. >> Okay. Is there represental? Um, so I want to hold up this flyer first. It's uh see if people can see it. Uh, it reads, uh, caution, your water may be contaminated. Call us immediately. Has a phone number. You may have guessed the phone number is not a real one. Uh, but this particular leaflet is is a generic one that I made. Um, other than that phone number, every element on that flyer is one that has appeared on a real advertisement here in El Paso. And actually, that's just limited to the ones that I've gotten on my own door. Um, some of them also show a generic water droplet logo that looks very similar to El Paso Waters logo or very often elements that look a lot like the city logo. Um, this is one of those those issues that sounds really small until you talk to people about it and then you realize how widespread of a problem it is and how much harm it's caused uh to a lot of El Pasoans. Uh, a lot of people have seen door hangers or or materials about their water that look a lot like this one and and seemingly tens of thousands of them have been distributed in neighborhoods across the city uh really annually. This has been going on for for several years several years now. Uh, they look really official. They're formatted to look like official service notices or uh safety notices about your water. They use the same kind of language that you'd expect from the city or the county government or El Paso Water. Uh the people distributing distributing these, they often wear blue vests or yellow safety vests and often blue hats resembling the the uniform of the water utility employees. Um, [snorts] in fact, I got an email at 8:45 this morning who saw that from someone who who saw that the council would be considering this today and they sent me a photo of somebody distributing one of these to their front door. Um, so they are out today distributing these types of solicitations. And of course, you know, these these are not official notices. Um, they're ads. They they want you to call a number often to schedule a test of your water quality that inevitably will tell you that you need to buy a filter system or some other expensive intervention from them. Uh often those cost upwards of four or five or $6,000. So that's the crux of the problem. When when something looks official like this, people treat it as something official. They assume that the information on it is accurate. They take it seriously. they invite someone into their house. Um they they call the number, they schedule the test, and in some cases they end up spending a lot of money on something that they don't really need based on the the perceived legitimacy of uh what landed on their doorstep. Um I think when a lot of us see these leaflets, we we know that they're not real advertisements. We've seen them again and again. We understand, but but some people don't, and it's it's not their fault. uh seniors and other vulnerable residents may not have the tools they need to to research these companies or evaluate the claims they make about their water and and bad actors can prey on that fear in order to make sales. And I I don't think that's right. So, I guess to be clear, there's nothing wrong with offering water testing or filtration services or anything like that. Businesses in El Paso can do that. Um but that's not what this is about. This this is about the gray area between advertising and impersonation and between, you know, offering your services as a business and deceiving the public with uh something like these leaflets that are misleading marketing. Uh and so I think that creates two problems. One, as I mentioned, people can end up spending their hard-earned money on on something that they don't need based on claims that were untrue about their their water quality. And second, just as important, it it chips away at the trust in official communications. You know, my constituents often receive these on their doors and they call me asking if they're legitimate. If residents start secondguessing whether something is really from the city or from the utility, uh it makes it harder for us when we have to communicate something when it actually matters, when there's actually some sort of uh issue with with your water. So, I think the approach in what I've proposed is pretty straightforward. I'm not proposing to ban anything. We're not getting into the business of uh deciding which services people can offer. Uh and we're not regulating water quality. That's handled at the state level by the Texas Commission on Environmental Quality. Uh we're just saying you have to be clear when you advertise. If it's an advertisement, you have to print on there that it's an advertisement. uh you have to say that you're not affiliated with a government agency or a public utility. You have to put your name and your real contact information on the ad so that people know who they're dealing with and know how to reach you. And that's essentially it. Um on enforcement, I I've tried to keep it practical as well. The goal is compliance first. So, uh, we'll, you know, the the intent is that you'll get provided notice and an opportunity to fix it first and then escalation from there only as necessary with with stronger penalties if if you're a repeat or intentional violator. Um, if you want to sell something, that's totally fine. We we just want to make it make sure that um it doesn't look like it came from someone else, that it doesn't look like it came from the government or from the utility. Uh to me I think that's pretty basic consumer protection and I I think it's a reasonable standard for us to set for you know what people can expect for from the the people who come to their door uh providing them information about their water. Uh so with that uh council I ask for your support and um you know I'm happy to yield to any questions as well if anyone has any questions about what's being proposed. >> Very good. >> Thank you. >> Um Representative Fier. >> Thank you mayor. Representative Canales. Thank you for putting this on the agenda. Um, it does create I' I've received them in my door also. >> Um, but they don't look that professional, so try not to show it too often. Um, it creates fear. Uh, it creates this this false sense of of us letting consumers be deceived. Again, the word predatory, but it's it's it creates a sense of emergency. And some of the some people believe it and and will do take steps to protect their family, to protect their water and or or whatever else they're they're they're trying to deceive and sell them. So, thank you for putting this on. I I know Representative Canales, you're also working on some other issues along the same line, and I hope that you'll let our office work with your office. Um, if you look at solar, um, and some of the the the false and deceiving and and, uh, ways that they're taking the, uh, people's money by leaving the flyers in the door. And the other one is, um, signs on city's uh, uh, property that they put up, and a lot of them are the ones that say, "Will we pay cash for your house?" And they put them up on Saturday. Code enforcement does their best to come and take them down and then they're up next Saturday again. So I I I hope you allow our office to work with you. Thank you again for doing this. Thank you, >> Representative Chavez. >> Thank you, Mayor, and thank you, Representative Canales, for putting this on the agenda. A few months back, a constituent emailed me a notice similar to the one that you showed. It was different. And I forwarded to El Paso Water just to be sure and they, you know, confirmed that, well, in that case, it was real, but I mean, I think people just don't know, right? And so they don't know what they do need to respond to and what they don't need to respond to. And I'm glad that constituent reached out to to my office to get clarification, but there are many people that don't even know how to do that, right? So then they're thinking that they have to take action on something that might not be true. And so I I appreciate this so that it creates a little bit more, you know, more guard rails for our community and and to make sure that they know we're advocating for them. I think this is our role as representatives to create policy and and this is good policy you've brought forward today. So thank you >> represent Nino. >> Thank you mayor and thank you Rep. Canales for also putting this together. I definitely think that you know oftent times a lot of members in our community might not have access to the internet or verifying information. So this item definitely puts those protections in place. I could tell you recently I had to had a conversation with my mom where she was sharing some information that she shouldn't be sharing cuz she had a visitor come over and they were saying, "Oh well we could set this up. It's the the company, the El Paso Water Company they call it. But um thank you again for putting this item forward together and ensuring that you know our community is protected and looking forward to even helping educate more of the public that you know there's there's specific things they should be looking for and we're advocating for them. Thank you >> represent Rocha. >> Thank you mayor and and thank you Rep. Canales for for bringing this. Um, I will gladly support this item. I think it's a it's a wonderful way to protect the consumer in just an in just a a way that we can help as a body to do that. So, thank you for bringing it forward >> and represent Canales, I'm going to echo everything they said. I mean, this is this is great uh protecting the consumers because there is some predatory companies out there that will prey on on individuals. You know, I've had taped on my door a little plastic test tube that said, "Put the water in it. We'll come by and collect it and tell you if your water's good or not." And they were wearing vest and and everything. So, um I appreciate you putting this on the the agenda. Very good. And do you want to close us up, Represental? >> Sure. I'll just say thank you uh to Al Paso Water who has, you know, always been very responsive in dealing with these as they come up. um you know, a new one will pop up and the constituent will send it to me. Um I think Mr. Leyon is here, but we you know, we I send these to him uh from time to time and and he does a great job of confirming whether or not they're they're legitimate. Um and he did take this back to El Paso Water to look at it in advance of it being placed on the agenda. Um, you know, I I don't want to speak for them, but you're you're right here to say it yourself, but I think they they also welcome this type of uh intervention because, you know, it doesn't benefit anyone to have uh confusion out there about what notices are coming from El Paso Water and which ones aren't. I don't know if you wanted to say something about it quickly, Mr. >> Good afternoon. >> Renee Leon with El Paso Water. Um, >> I again echo everything that was said here. Uh, we support this item because for three three reasons. It undermines public trust in the utility and in government. It stokes fear in our customers on their water quality and their family's health. And it sometimes leads customers to make unnecessary expensive purchases for their homes. Uh the water quality is very safe. It meets all state and federal regulations, but these ads do a lot to harm people's belief in that water quality. So, we support the item. Thank you, Representative Canales. We have done several things over the years to try to combat these uh notices. We've held press conferences. We've worked with PD, with the Sheriff's Office, with the Better Business Bureau to help make people aware that these notices are not coming from El Paso Water. But we can only do so much. So, an ordinance could add some policy to help us combat that. And we'll do everything we can to get the word out and make sure people are aware. >> Thank you, Renee. Rep. Canals. >> Yeah, thank you, Renee. And uh I'll say maybe thanks in advance to any additional uh support that El Paso Water, maybe your legal counsel could provide in in helping us uh get the ordinance right. >> Yeah, we're happy to spread the word via our social media channels, via official news releases, whatever you need. >> Okay. Thank you. And uh thank you council for uh I hope your support of this and uh yeah, it'll it'll come back to us in time. We're we're just giving the direction uh to uh the the city attorney today to Miss Neman to uh draft this ordinance and and it'll come back to us soon. So hopefully we can uh get it on the books sooner rather than later. Thank you, Mayor. >> Okay, very good. Miss Bryant, call for the vote, please. >> Yes. The motion was made by Representative Canales, seconded by Mayor Prom Chavez to approve the direction on item 62. On that motion, call for the vote. You can make it bigger. >> Thank you for helping us. >> End the voting session. And that motion passes unanimously. >> Very good. Congratulations on that. Okay, Miss Bryant, let's take item number 63. Item 63 is discussion and action to direct the city manager to amend the city of El Paso's 90th session state legislative agenda as well as the 119th Congress federal legislative agenda to include advocacy support for policy proposals related to data center incentive and regulatory frameworks including support state legislation to refine sales tax exemption criteria so that recipients must demonstrate clear measurable public benefits and remain accountable for delivering those outcomes, working with the Texas Municipal League, TML, and other municipalities to support legislation that sets higher standards at the state for transparency, environmental protection, and accountability requirements for large-scale data center development. The intent is establishing state level baseline standards for data center incentives while preserving municipal flexibility to structure chapter 380 agreements, ensuring local governments retain control but operate within consistent guidelines that promote accountability and measurable public benefit. working with the National League of Cities, NLC, and other municipalities to support federal legislation that strengthens public transparency, environmental protection, and accountability requirements for large-scale data center development. Further direct the city manager to amend the city's state and federal legislative agendas as appropriate to incorporate additional priorities, findings, and policy outcomes resulting from the city's forthcoming data center policy framework currently under development, including any new standards, requirements, or recommendations adopted by council related to data center sighting operations incentives or infrastructure impacts. and to include the same considerations in any future modification of the city city's 380 policy. This item was submitted by representatives Chavez Nino and Pierro. >> Motion to approve. >> Second. >> All right. There's a motion and a second. Representative Chavez, would you like to go first? >> Thank you, Mayor. >> Yes. There you go. [laughter] >> So, I would first like to thank my co-sponsors for this item, Representative Nino and Representative Fiero for their partnership and for their support. This item is grounded in a bipartisan reality that is already taking shape at the state and federal levels. Data center development is not a partisan issue. And in the backup of this item, you will see a article by the Texas Tribune that I read a few weeks ago that kind of led me to the idea of of putting this on the agenda. It is a rapidly growing policy area where leaders across the spectrum are actively shaping tax, infrastructure, and regulatory frameworks. At its core, this item is about ensuring we are proactive and not reactive as we respond to the rapid expansion of data center development across Texas and across the country. I recognize there's significant concern in our community about the scale, resource demands, and long-term impacts of these facilities. That is exactly why this conversation matters to us today. State and federal policy discussions are already underway that will shape what authority cities retain on this issue. If we are not engaged early and some of these discussions mayor are going to start occurring this summer as early as June, we risk having decisions made without consideration for El Paso's infrastructure capacity, water resources, and long-term financial impacts. This item ensures that our state and federal legislative agendas. And thank you to Ian and his team for um talking with me about this item and and for you know spearheading all of our efforts both at the state and and national level. It gives staff the clear direction to advocate for El Paso's interest as these frameworks are being developed at the state level. That includes supporting reforms to ensure that data center tax incentives are tied to clear, measurable public benefits and that there is accountability when those commitments are not met. It also includes establishing baseline guardrails for large-scale development such as environmental review, water usage planning, infrastructure cost sharing, and transparency and reporting impacts. At the federal level, we are aligning with partners like the National League of Cities to support stronger transparency and accountability standards. Importantly is that we are also coordinating with our new federal lobby lobbyist uh that we just uh approved of earlier today. So um this ties perfectly well into that too. Having uh just approved of this, we are establishing relationships in Washington and this will allow us to engage in these conversations in real time, not after decisions have already been made. So, uh, this item combines both, uh, strategic advocacy at our state and federal level. Um, again, I want to reiterate that this is a bipartisan effort. I have read articles at the state level from Republicans. I have read articles at the federal level from Democrats. I think this is a national conversation that is currently taking place at the city. We are putting together a data policy framework. And as these discussions take place at the state and federal level through the legislative sessions, we want to make sure that we are giving the tools to our team to go forth and have these conversations, have a seat at the table and bring back um you know hopefully good feedback from that and also advocate for the needs of our community specifically. So thank you very much. >> Good representative Pierro. >> Thank you mayor. Mayor Prom, thank you for being proactive uh putting this on the agenda and allowing myself and Representative Nino to be um part of it and have some input. Um I want to also thank Omar and his team because for their vision of making sure that our legislative agenda was done so early it and I believe they they stated early on that it's a living document and this is prime example of how as things change and we move forward we can put more issues on there to make him uh make them aware of it and keep us a breast of what's happening at Austin. Mayor, I'd like to take the liberty of reading a letter that the speaker prom Moody sent to each and every one of us and and to all council members and yourself. And it says, "Honorable mayor and council members, I write you because of your upcoming dis discussion about asking for state and federal regulations of data centers. On the state level, I completely support taking on the challenge. Data centers present tremendous risk and opportunities, many of them uncertain, and it shouldn't fall entirely on the local communities to negotiate them opposite powerful multinational companies. We should have a clear evidence-based framework for Texas facilities so that cities like El Paso can make transparent decisions that residents can have confidence in. State legislation needs to focus on creating minimum standards for both operations and incentives that would put people first. We also need to create systems for measurement and accountability to make sure the real results match early promises and to protect our communities if they don't. And for places like El Paso, it's especially important to preserve our environment and to make sure water and electricity security aren't impacted. And that's the infrastructure costs of data centers don't make their way to our utility bills. These are complicated issues we have to tackle together at all levels of government and I'm ready to help at the Texas capital. I look forward to working with you. Thank you for your leadership and partnership. Uh speaker pro Tim Moody. >> Thank you mayor. >> Very good. Represent Nino. >> Thank you mayor. And I would recommend for everyone to read the backup on the Texas Tribune where it states that Texas is giving data centers more than $1 billion in tax breaks each year. Um I was proud to co-sponsor this item along with Representative Chavez, Mayor Promp, and also Representative Fedto because at its core, this is about ensuring that the city of El Paso has a voice where it matters most. Over the past several months, we've heard directly from our community. Residents have raised important concerns about transparency, about water, energy impact, about infrastructure, and about whether incentives, particularly tax exemptions, are justified and accountable. But the reality is that a lot of these decisions are often times made not locally, but they're made at a state and a federal level. And too often, cities like El Paso are brought into the conversation after the fact once policies are already shaped. And this item is about changing that. It's about making sure that El Paso has a seat at a table at the table and that the concerns that are we're hearing from our residents are part of those discussions that are happening in Austin and in Washington. Kind of what the mayor pro Tim shared that you know there's already a lot of draft bills that are coming forward bipartisan bills uh sharing these similar concerns that we're hearing here locally. It's about advocating for stronger frameworks that prioritize transparency, require accountability, and ensure that any incentive is tied to clear, measurable, and public benefit because that's truly what our community is asking for. And throughout collaboration with organizations such as the Texas Municipal League and the National League of Cities, we're joining other cities to ensure that local governments are not just implementing policy, but they're helping shape it. And it's just as important. This item ensures that the work that we're doing here through our data center policy framework and our climate action plan, it helps inform those broader conversations moving forward. And at the end of the day, it's about representation. Again, it's about making sure that El Paso is not in the selands. It's at the table advocating for our residents, our resources, and our future. And I hope and I respectfully ask for all of the council support today. And thank you, Mayor Potmp, again for including me in this conversation and um helping us all brainstorm. >> Very good. Representative Canales. >> Thank you, Mayor. Um yeah, thank you to the three co-sponsors of this item. I think it's uh an important step for our uh federal legislative agenda. Um I think for the public, it's important to understand that there are different venues here. Um, and uh, you know, I think we've heard from, including from many commenters today, that there's a desire for there to be no future data centers. And I think we we hear that from people. Um, I think it's a too big of a task to convince the federal government of the same. Um, and so that's not what this seeks to do. Um, I think each each in each venue there is a different approach. Um, and with the federal government, this is this is the way uh forward to have better data center policy that comes from Washington. Um, and to use the city's influence there to to help make that happen. And so, thank you again to the three of you. Um, you know, again, I I think it's important to restate one more time, we hear the feedback that we don't want more data centers. um that that's that's not what is necessarily being uh discussed in this particular item. Um and uh I think that this sets us up to be in a better place uh in the future with with regard to the data center policy that we get from from DC. So thank you again. Thanks, Mayor. >> Very good. I also want to thank the the mayor promp uh the alternate mayor promp and representative Nino for bringing this forward. I think you know oftent times you know we are not at the table. So this gives us an opportunity to continue advocating not only with TML but the National League of Cities but to be more proactive versus reactive and and and get more alignment uh with our state and and federal um legislative agenda. So I think this is a very very good agenda item and I want to thank you guys for for putting it on there. Very well done. Okay, Miss Ryan with that call for the vote. >> Yes. So the motion was made by Mayor Prom Chavez, seconded by Representative Nino, and this is to approve the direction on item 63. On that motion, call for the vote >> end of voting session. And that motion passes unanimously. Very well, Miss Pine. I think on number item 6, we're on 64 right? >> Yes. >> Can we take 23 and 67 with that one? >> Yes, sir. Item 23 is a resolution >> that's from earlier >> authorizing the city manager or designate to submit to the motor vehicle crimerevention authority a grant application for the city of El Paso's police department project identified as motor vehicle crime prevention authority. Senate Bill 224, catalytic converter grant FY27 to provide financial assistance to the city of El Paso requesting $693,34 grant funding with a 20% cash match of $138,666. The grant period will be from September 1st, 2026 to August 31st, [music] 2027. Item 64 is a presentation on the ALPR flock program utilized by the El Paso Police Department. And item 67 is discussion and action on a resolution authorizing the city manager or designate to submit to the motor vehicle crime prevention authority a grant application for the city of El Paso's police department project identified as motor vehicle crimerevention authority task force grants FY27 to provide financial assistance to the city of El Paso requesting 2,84,428 grant funding with a cash match of $69,428 and an income kind match of $1,300,37. The grant period will be from September 1st, 2026 to August 31st, 2027. >> Okay. And Miss Fry, the items that need action will be items 23 and 67. Is that correct? >> That is correct, ma'am. >> Okay. Chief, >> mayor, before he starts, I want to um provide some clarification. I told me many council members that this item would come back in June. Item number 23 is the renewal of the flock contract. Item number 67 includes the people that would support that program. I do apologize that you did not get briefed on this item, but I want to be clear that the timeline and deadline for this um was a late ad to our agenda and the applications are due May 8th. Um, we also want to make sure that uh we were coming with the presentation as a followup to uh previous requests for council to bring additional information regarding the program and that's why the presentation it was put together. >> Okay. Since we're taking them all together, can I have a motion so we can have discussion? Move to deny. Okay. >> There's a motion to deny and there's a second. Okay. All right. All right, Miss Prime, call for the vote on to deny. >> This is for item 23. >> 23. Yeah, >> for item 23 and 67. Both. >> 23 and 67. Correct. Yeah, both. >> Okay. This is to deny the resolutions on items 23 and 67. The motion was made by Representative Ganal, seconded by Representative Lemon. >> Okay. Call for the vote on that motion. On the motion to deny 23 and 67, call for the vote. Mayor, there's a tie in the voting session and the motion to deny fails. Representatives Chavez, ADO, Representatives Chavez, Maldonado, Rocha, Nino, Fiero, and the mayor voting nay. Representatives Atoales voting I. That motion to deny fails. >> Okay. Represent canales. >> Mayor, are we going to see a presentation of the item from staff? Why did we take a vote before debate? >> 24 is just a presentation. 64 is >> Yeah. But if we're taking them all together, >> one's just a presentation, >> right? So then there were there were multiple representatives who asked to speak during debate. Why did we call for >> I didn't see multiple reps asking. >> There's there's two on there right now. >> There's you and Representative Chavez. It just lit up. >> I pressed it at the beginning. represent Chavez repres I'd like to see the presentation before commenting. >> We'll see the presentation. >> Good afternoon, Mayor, City Council. [clears throat] Uh thank you for your time. Uh for the record, uh Criminal Investigations Bureau Assistant Chief Ombberto Talamantes. Um and uh the presentation that I that we're going to present to you will serve to provide you with a more in-depth understanding uh about the impact automated license plate readers have in police work and uh how uh our police department we use this tool. Uh this technology is commonly used by law enforcement agencies around the country. And uh again [clears throat] just to stress that this this is related to agenda item SB224 uh grant as we plan to uh we would like to continue the service agreement with uh the LPR company. It also gives you an opportunity to clarify uh uh some of the questions and concerns that were brought forth uh in the past. Next slide please. Mayor Council, as you all know, uh the positive impact that technology has in law enforcement is profound and and undeniable. Uh in fact, there's not a single agency uh out there that's not reliant on different technology to be more efficient. Uh it plays a very important role in police work in many aspects of our and functions of our operations and especially it's very important for us as a force multiplier. Next slide. Uh next slide, please. Apologies. Uh to continue with this slide, [clears throat and cough] although our city has uh and our department has made great investments and improvements in the in our recruitment process, um we still don't have or will not have anytime soon the ideal number of officers to effectively serve and protect a community or site, a city that is fast growing and ever increasing in uh demands for service. For this reason, our department uh we're not left behind like other departments across the nation. We leverage proven and safe technology for me for many many years now. We take pride in innovation to better serve and protect our community and hence use various types of technologies. Our drone as a first responders, our automated license plate readers are only two examples of the various technologies that we use and that have transformed police work and made it much more efficient and safer for our officers in the field. [clears throat and cough] Next slide, please. Our department has been using a ALPR technology for more than a decade. We're fully committed to the privacy protections, transparency, and the responsible use of this technology. This is why we have comprehensive and strict policies for its use and ensure that this policies are also in alignment with our community's values. Our system is used exclusively for legitimate criminal investigations and public safety emergencies. The flock system that we use meets all government and city information security requirements, standards, and policies. It includes federal CGIS standards. We entered into this uh service agreement with Block in May of 2025 and by the end of the year, we were fully operational. So far, it has produced impressive results in recovering stolen vehicles, apprehended violent criminal offenders and improving our officers safety. We continue to see example after example on a weekly basis on how this technology improves our our efforts and is a force multiplier. Next slide, please. On this slide, we can see how the first three months of uh 2026 part one crimes under this categories um were significantly down. This the these u uh statistics were provided to the major city chiefs but for this presentations we added theft of vehicles and burglary of vehicles which are property crimes. So just so you can see how these have substantially gone down for this period. Although various technologies have contributed to this achievements, automated license plate readers are s significantly have contributed to this uh remarkable results. Next slide please. If you look at the left side column, [clears throat] you'll see the results between the period of July 2025 and January 2026. And again, we weren't fully operational. Uh all the installations of the cameras were until the end of the year, but you can see 70 arrests for various types of crimes, 60 stolen vehicles recovered, 600,000 worth of value of of recovered stolen vehicles. If you looked at the column on the on the right, February 2026 to now present, you can see the numbers for yourself. Next slide, please. At our last council meeting, we committed to you that [clears throat] we were going to share additional information and fe be fully transparent on ALPRs and how the El Paso Police Department uses this tool. For this reason, we created this transparency portal to provide further clarity and factual information about the system that we use. To access this, you can go to epd.org. If you click on the about EPD tab, it'll give you the option to view the portal. Next slide, please. If you click on the portal, it'll take you to this page. Here, we answer 17 of the most asked uh questions about ALPRs. We provide comprehensive and thorough answers for each question and concern. Next slide, please. Tools like this allow public safety agencies to be more effective in making communities safer. Our agency is no different and we leverage technology. And other than the fact that transparency and privacy protection, responsible use is of the utmost importance to us and will be closely guarded. Thank you, Mayor and Council. represent canals. >> Thank you, Mayor. Um, I have a lot to say on this. U, I I want to take a step back first and talk about where we are today on this issue because the conversation has evolved a lot. I think over the past few months, um, this this is no longer, in my opinion, just a question of whether a particular technology can help solve crimes. I think we can all acknowledge that tools like automated license plate readers can be effective in in certain contexts at at solving crimes that your numbers show that there have been some cases where it's been useful. Um the question in front of us now is whether a system like this one that one that'sworked uh national in in scope and reach and and constantly evolving can actually be governed at the local level in the way that we expect. uh o over the last several months the concerns around that question have in my opinion not been resolved and I think they've become more abundant. Um there are few there are a few areas where those concerns I think have have sharpened since we last heard about flock. Uh the the first area is local control. When a system operates across jurisdictions, across states, across agencies, uh local policy doesn't necessarily determine how data is ultimately used. like we can adopt safeguards here in El Paso. We can set rules here, but once the data enters a broader network, uh access pathways expand in ways that I think are not always visible or fully controllable from the local level. And that's the reality of how these systems function. Our safeguards rely almost entirely on flock being uh trustworthy and cooperative with us and their motivations being perfectly aligned with our motivations. And so many of the incidents that I discussed at the beginning of last month, I think show that this isn't the case. Um, second area is is uh contracts and and data rights. Since our our discussions last month, more information has come to light uh largely thanks to the American Civil Liberties Union, the ACLU, about how vendor terms can change over time. Uh Flock in February, late February, uh updated their terms of service, including the following changes. Uh on the sale of data, Flock's previous terms and conditions stated flatly, Flock does not own and shall not sell customer data. They removed that. That absent is now that that information is now uh absent from their terms and conditions. uh on control over data data there. The new license uh while granting formal legal ownership of the data to the customer now grants the company quote the exclusive right to determine and control the method, timing, format, and medium of access to the data that belongs to the customer. uh on a perpetual license. Uh the terms and conditions now add a quote perpetual right for Flock to use customer data to support and improve its services, allowing the company to keep using uh surveillance data even after a city or other customer has terminated its relationship with Flock uh and may no longer have access to that data itself. Uh Flock's right to use that data has no expiration date anymore. Um, on these last two, here's the exact language. This is from our terms and conditions document from our agreement with Flock. Customer hereby grants to Flock a limited non-exclusive uh, royal royalty-free irrevocable perpetual worldwide license to a use and disclose customer data to provide Flock services and b use customer data to support and improve Flock's products and services. Customer data will be available for authorized end users to access and download via the web interface during the applicable retention period. For clarity, Flock retains the exclusive right to determine and control the method, timing, format, and medium of such access or delivery and is not obligated to provide customer data in any alternative form, format, or transmission method outside of the web interface. To me, that does not sound like ownership or control of the data by us. Uh the previous policy dated November 2025 read as follows. LPR data gathered by flock safety system on behalf of flock safety customers is owned by the customer. Customers choose whether to sell uh sorry whether to share LPR data with other customers in accordance with their laws and policies. Flock safety will not sell, publish, exchange or disclose customers LPR data for c uh commercial purposes, disclose or publish LPR data without authorization unless required by law uh or disseminate LPR data to persons not authorized to access or use the information. So to me this raises the question why this change on disclosure and are we just okay with that? Um, and then on liability and termination and arbitration provisions, the new terms and conditions also uh expand Flock's protections against liability for willful misconduct or gross gross negligence by their own uh personnel, potentially shifting the the costs and of of defending against data breaches or other failures from the company to the customers. Um, so it again these changes raise a lot of questions for me. How long have we been aware of these changes? Did we know they were coming before February? Was Flock able to make these changes unilaterally? Have we had a conversation with Flock about them or did we just accept them? Did our legal department review the changes to the terms and conditions beforehand? Um, I think these changes raise a really basic governance question, which is what exactly are we agreeing to and how stable are those terms over time? How how can we claim to control the data if we grant Flock the ability to use it forever and to govern our access to it? Uh Flock has just evolved so rapidly and what we approve participation in today might not be the same system that exists a year from now but with our data still in perpetual use by the company even if their entire business model or their safeguards change. uh you know r very very rarely in US history have those going against the guidance of the ACLU been on the correct side of an issue and causes me great concern. Um okay third third area is uh reliability. So I I think that this area deserves far more attention than it's gotten. Uh there's a recent case out of Colorado where an individual Kyle Dowman has been repeatedly stopped by law enforcement because a flock system flags his vehicle as being associated with an active warrant. He does not have an active warrant. Uh according to the the gentleman himself and the reporting on the issue, it appears to stem from a a database or entry error where there was confusion between zeros and and O's in inputting a warrant into the system. But once that error entered the system, it hasn't stayed contained. Each time his vehicle passes a flot camera, it triggers an alert and officers in whatever jurisdiction he's in, fully acting in good faith, continue to stop him again and again and again. And his local department has already removed the flag locally, but they can't remove it from the entire system. Uh the state of Colorado points to the town, the town points to the state of Colorado, both of them point at flock, and no one's been able to solve the problem. Um, and so what you have is not just a onetime mistake. It's it's a system that's repeatedly reinforcing that mistake again and again. And this poor man isn't able to live his life because every single time he drives, he gets pulled over. Um, I think that's a really different kind of risk than misuse that I've talked about before. Um, it's it's what happens when the system itself is wrong. And uh I think it shows that a data error can become a series of unnecessary police encounters. It's a waste of this gentleman's time. It's a waste of those officers time. Um and that error doesn't stay local in a in aworked system like this. That man could drive his vehicle anywhere in the United States and he will have the exact same result because flock uh you know any jurisdiction that's using flock will have the same the same result. Um the the fourth area is system security and and integrity. I think there's been growing concern not just in advocacy circles but also among many local governments about the security of these systems. Uh there have continued to be numerous instances of unauthorized access to camera feeds. We heard about some of them earlier from flock employees themselves uh who among other among other feeds were watching feeds of children's gymnastics classes. Um I I think uh we've seen these failures in other places many times the same problem popping up in multiple cities and states and frankly I I think it's naive to think that we're somehow different and isolated from the problems that have been discovered in other places that have similar safeguards to what we have in place. Um the fifth area and I I think this is particularly important in our context is is community trust. El Paso is a city on the border and on the state line. movement across jurisdictions is really a normal part of our daily lives here in El Paso. Uh many families are mixed status. Many residents have uh concerns about how data might be shared or interpreted or accessed beyond our control. Uh whether those concerns are always realized in practice or not, they affect how people interact with the government and that has real consequences for us. It affects whether people report crimes. It affects cooperation with law enforcement. It affects whether people feel safe coming forward uh when something is wrong. So, it's not only a technical question. I think it's a question about the relationship between the community and the institutions that serve the community. You know, what good is it to have a tool to solve a crime if that crime never gets reported in the first place because people are afraid? Um, and then the sixth area is kind of the broader trajectory. Over the past couple of months, the the national conversation has moved toward, I think, more scrutiny. Cities and other jurisdictions are asking more questions. Many have paused their renewals and stepped back from their contracts and legislators are now beginning to engage and there's a lot more attention on how these systems are governed. So, it's not enough just to point out the potential benefits. I think it's worth it to have the conversations about all of these issues, especially when we see flock making what seem to be kind of unilateral changes to the way that we interact with them. Thank you, Mayor. >> Okay, Representative Chavez. >> Thank you, Mayor Chief. Thank you for your presentation. Um, Representative Carales talked about failures in different parts of our country. Can you talk about the failures that have occurred here in El Paso? >> Uh, yes. Thank you, Representative Chavez. We we have u a very strict uh like I say procedures and and policies to guard against that. We also have very limited amount of uh officers that have uh uh access to this uh function. So we to safely guard a system uh like this like the concerns that you brought up Mr. canal is we we have only individuals that are specially trained that given access by our our administrator and our IT city IT so we closely guard so those safeguards so those instances that I haven't heard of them but that that they happen uh that they don't happen here uh so we we do have those safeguards and and uh like I mentioned the uh the it's important for me to mention this any time that we've seen any reductions in in our in our efforts to combat uh vehicle thefts, burglary vehicles, crimes in general, uh we've seen an increase in those categories. Um if since this is related to SB224, I I got to um make sure that you you understand that this catalytic converter thefts, uh we had 463 catalytic converter thefts in our city. It was out of control in the state in our city. We weren't exempt. And uh when we started our efforts for FY this was for FY23 463 for now we have 51 for FY25 and we have um 48 for FY26. So a lot of those efforts uh are working. Yes, there are a lot of concerns on that, but uh uh here in El Paso, the system that we use um like I said, there's there's very strict policies, procedures so that those examples or those uh cases don't happen here. >> So, so the ones he just mentioned that are happening, excuse me, in [clears throat] other cities have not occurred here. >> No, ma'am. >> Okay. I am going to I I do want to talk on several things too um because I think it's important and I know that the police department sometimes um is is scrutinized in different ways for different reasons. Um, but sometimes we are quick to to talk about the the failures that people think could happen potentially and we don't talk about the the service and protection that you provide for the community and how indispensable that is on a daily basis. And I want to sh I want to light shine some light on that because um I know that there are people that are very worried about the flock program. But I want to highlight two examples of how the flock program have helped people in my district. I know respectfully, Representative Carales, you talk about an example in Colorado, but I always think it's important to talk about what's happening here locally and tie the conversation to what's happening in our city of El Paso. So, let me talk about two examples, and one of them I've spoken about before. Daniel, Reva, and Evan Torres. They live in Enchanted Hills in District 1. On August 14th, 2025, officers responded to a shooting in Enchanted Hills. The victim was taken to a local hospital to be treated for his gunshot wounds. It was at 400 p.m. and he was a victim of a crime of a road rage crime. On August 20th, 2025, detective with crimes against persons identified and apprehended the offender who had fled to Los Cusus. The suspect was known in the neighborhood for being a nuisance. According to the affidavit, police were able to track the vehicle license plates, which were registered to the suspect's mother, who lives near the area of the shooting. This was made possible through the Flock camera system. The suspect said a verbal altercation ensued between him and the victim while stopped in the middle of an intersection. Duran admitted to shooting the handgun three times, the affidavit stated. Duran said he fled the scene and returned to his mother's home. I had an opportunity to meet Daniel, Reva, and Evan. Um, I spoke about them in an earlier conversation um on this similar agenda item. I just ran into Reva. I I mentioned how Daniel suffered multiple gunshot wounds and nearly lost his life several times. Uh but thanks to the Flock camera system, they were able to identify and apprehend the shooter in that case. Uh his wife Reva is uh unfortunately going through stage four cancer. I just saw her last week and um she's she's not doing very well. So respectfully, I ask if you if you're a person of faith to keep her in your prayers. The second case I want to talk about uh is a case that actually occurred in Albuquerque. Rory Horowitz and Alisa Salasad were arrested in El Paso accused of killing 21-year-old Roberto Carolos Pineda Arisa in Albuquerque. The victim uh Roberto was a bystander. According to the Vernal Leo County Sheriff's Office, an innocent bystander died after a shooting tied to an apparent road rage exchange of gunfire in southwest Albuquerque. With assistance from the United States Marshall Service, the El Paso Police Department, and other Texas law enforcement partners, investigators located Horowitz and Salasad at a residence in El Paso, Texas in District 1, and took them into custody. Flock was used to spot the suspect vehicle driving in El Paso after the incident. Further follow-up by investigators led to the discovery of their residents on the west side in a residential neighborhood close to schools. Investigators said Bineda Aryasa was not involved in the exchange of gunfire and was struck as two vehicles were shooting at each other. Detectives identified one of the vehicles involved as a Mitsubishi registered to Salarasad and said they developed evidence identifying Horwitz as a shooter. The arrest warrant affidavit states witnesses described the shooter, linked him to the Mitsubishi, and tied additional evidence back to Horwitz during the investigation. How else are we going to be solving these these crimes if it's not for help with the flock cameras? Chief, could you please tell me how else could you have solved these crimes? >> Yes. Thank you so much, M. Chavez. Uh so, so time and time again, we see how the city, every district, uh uh there's crime unfortunately around the city, but every district I have examples after example how we solve crime uh because of of this technology. Um we don't have enough officers to put at every corner throughout the city. And when we enter a vehicle that's wanted or a vehicle that's stolen, that vehicle, the the camera is not doing surveillance. They're not they're not taking video. They're not if that vehicle were to pass, the vehicle that we vet and we put in there because it's a wanted vehicle. It'll alert us that that vehicle passed through that camera. That's all. It's not going to alert us where it's going, where it parked, where where it's going to go. It just alert us that it's in that part of town. We then send officers to try to locate the vehicle. Often often uh uh more than not we find the vehicle, but it does not give us who's driving it. Doesn't have AI, does not have surveillance, video capabilities, just alert us that a vehicle that we entered that's wanted. That's how the systems being used here in El Paso. >> Thank you, Chief. >> Thank you. >> And and I know that there are other areas in our community. Um, we were in conversation earlier this week regarding some cameras installed in one of my parks in my district because there was a lot of vandalism occurring there. >> I just don't know what other solution we have. I'm not saying that um that you're not effective at the job that you do because the police department is phenomenal in what they do. Um, but you [clears throat] need help and I think these camera systems are a key to solving crime. Um, I get the crime stats reports weekly thanks to uh the efforts from your department and I know that currently we're at a 5% decrease from this time last year. District 1 specifically is 16% down from last year. Um, I think these cameras are essential in ter in helping you do the work that you are doing for our community. I know that there's controversial things that are occurring, but as you mentioned earlier, um, there are no failures that you know of at this time at the city of El Paso. Is that correct? >> Correct. Yes, Mr. >> Okay. Thank you. I have one last question. I only have one minute left here. Um because it was brought up earlier in conversation. Have we shared any LPR data with any with anyone else that you know of? >> We only share LPR data on on stolen vehicles that are entered into the system with law enforcement, state and local. We do not share with any federal agencies on that. >> Okay. So, just stolen vehicle information. >> Yes, ma'am. >> Okay. Um I I think that's it for now. Thank you, Chief. Thank Thank you, Representative Chaveis. Represent Lemon. >> Thank you, Mayor. So, we can sit here and look at obviously both sides of the story. What Representative Gonales shared with us is really alarming to me. I guess at this point in time, we're in a time crunch, right? You've got to have this grant done by a certain day. Is the renewal of this contract or this grant going to be a yearly process that'll come back to council or is there plans to make this administrative? >> Since we purchased this through grant funding from the motor uh vehicle crime prevention authority, Miss Lemon, yes, it is uh it's going to be every year we would apply for it and uh renew the contract. >> It'll come back to council. >> Yes, ma'am. >> Thank you. represent Basto. >> Thank you, Mayor. Um, appreciate the the presentation. Um, I have a really good understanding from the last time we talked about flock a few weeks ago and just kind of seeing it in action meetings that I've had offline and stuff on how you're using the the system and the guard rails that are implemented in terms of where we're at as as a city, right? And right now we're in a very interesting place as a society where we are in this technology is everywhere type of thing with AI with data centers how they're used right we've had data centers for many years but we have not seen the type of data centers that we're seeing now right um one coming into our another one coming on to Fort Bliss and just across the the country and other areas. And and I think we we really need to step back and see how we're using this technology where we're giving some trade-offs, right? The the trade-offs here is you're able to get more um people that have stolen cars and the trade-off there is people are not feeling the safest being surveiled everywhere they go. It's like big brother right? >> Everywhere that that they are and there's a lot of privacy concerns. So, I I think the the issue for me is just Flock as a company, um data centers, how they're being used, um and using resources in communities. I I don't think we're having that that big conversation that we need to have as as a society in in terms of what we're doing in the next 10, 20, 30 years. um around this there there are people that that are saying AI is going to replace my job in a few years. What are we going to do? Um everything's going to be automated. There are people that are calling for robots to replace humans. What are we going to do in that sense? Right? And and we're not having that bigger conversation. And and when it comes to flock, I I think it's very similar to what we were seeing with Uber a few years back where they were just coming in. It was very new. It was very convenient and municipalities, state governments were kind of seeing how they could regulate this, not regulate it and they just came in. They they had a lot of money. They lobbyed. They got into different governments and then they were approved. And and I think this is very similar where um we just seen that DPS investigated flock in recent months because they were operating without a license. they were fined $500, which is probably not even a drop in the bucket for how much money these companies have, right? And and so I I really I really worry about the the privacy concerns, the trust. There's a lot of people that are reaching out to me on on that aspect itself. And I think from your aspect, you're seeing, oh, well, crime is down here and we're we're doing a great job with this. This is another tool that we have. But then it's a very large company. There was a partnership with one of our biggest corporations that that ended, right, that I brought up with um Ring Camera and Amazon after that Super Bowl commercial. So, I I really I really wish that this was something that could be done without one of these companies and you could say we're using this and we're using technology, but there there's a lot of unintended consequences and I and I think the public is really really concerned about all of these things. Recently in Austin, they they passed an ordinance where you're you're getting more information before you're going out to get these cameras. And and I do worry that the the way that Flock came to El Paso, I had a lot of people reaching out and saying sending me pictures and saying, "What's this camera?" I'm like, "I have no idea." [laughter] And then I did a little bit of digging and then we realized that we were in a flock um contract. And then the way that kind of happened was um without the full council approval and it happened later and and I had issues with that process and and so now that we're here, I'm I'm hoping that we can at the very least get better data than what was presented here. I think this is a really good start in terms of um comparing quarters a year before and a year later and seeing how much is down. But what does that look like on a monthly basis and how are we using that? Right? We're about to have flock for a year. That that data is really important. Um really assuring people what risks there are to civil liberties by engaging in these contracts because I mean there's ALPRs that are not just flocked. There are other companies that are out there, right? We we happen to have flocked. I I know that other municipalities are and probably state governments are in contracts with other um companies and so I'm I'm just trying to understand how we can take steps to protect our residents privacy. That's really important to people and um we're using drones. We're we're using um the the cameras. We're we're using stuff in in parks to to um bring security to to people. And I understand that people want to feel secure, but they also want to feel secure privately and that they're in public spaces. And and that's where I'm taking this. And that's from my perspective, the the concerns that that I really have with flock in in general. And so, um, I'm also interested in seeing what else is going to come out of this DPS investigation since they just did that fine and maybe they're thinking, "Oh, well, we like the cameras and we just have to do that cuz that was on the law." But we're we're still in the infant stages of this and I'm I'm really hoping that as a city we we could come together if this is the the direction that is going to continue to go um for us to have more guard rails in place that will will ensure that privacy concerns are at least addressed or at least at the very least that the council is going to have a voice in every decision that is made because there might be other things that you want to work on through other grants or other initiatives that you're seeing from other departments that that we could come together and kind of say, okay, we want to go out for this technology and this is why we want to use it and this is how we're going to protect people's privacy and constitutional rights. So, that's where I'm coming at it from. I I understand that you you really like it because of what it's providing to you, but then we also need to assure the public of it's going to be okay and these are the steps that we're taking to ensure and this company um is not going to sell your data or they're not going to share it with someone else. And overall um it it's happened in in other communities that I've seen with flock specifically that they did um change their terms and conditions. So, I'm kind of wondering, did the city attorney's office look at that, Miss Neman? Um, or by contract, they could just change the terms and conditions whenever they want. >> Good afternoon, Eric with the city attorney's office. Um, repet um this contract doesn't come to the city for review, the city attorney's office for review. It's through the byboard and so the terms and conditions that Flock provides on the byboard are what we're agreeing to. Um I'm reviewing them with our flock with our PD team back here and I'm reading um that we are in control of the data. It's 100% the city's data and we're granting a use by flock to use that data. Um but keep in mind that's how this system works in terms of um the more we're sharing with other law enforcement departments, the more capable it is, right? The bigger network that you have, the more capable it will be. >> Okay. and repres to speak because we did have this go through our um IT team to look at security measures before. >> Hi, good afternoon with the city manager's office. So, our IT team reviews all of our technology purchase requests and they worked with the PD department to ensure that the data um terms and conditions are the standard procedure for our IT contracts. >> Okay. Um, I guess just from the legal perspective, another legal question, and I'm running out of time. Um, but this might be beneficial in case you don't have the answer. Yes, sir. >> Um, I'm I'm trying to understand if this wasn't part of the byboard, can that contract go to you? or even if it's part of the byboard, can that contract go to you for review to understand that um we're going to sign a contract, let's say today, and then in 6 months they could change that automatically or for us to put something in that contract to make sure that they don't change those terms. >> Yeah, I could work with PD on that. Um that's not an issue. >> Okay. Even if it's on the buy board. >> Correct. We would just have to build in that process of me reviewing it. >> Okay. Okay. I appreciate it. I might be back with more. Thank you, >> Represent. Thank you, mayor, and thank you, chief, for your presentation. I know last month we had an extensive conversation about this, and you know, we I asked a lot of questions about if the system has facial recognition, if it creates profile, audio, video, um the storage of data, and who owns the data. Um you know, exactly what Miss Max said. I was not briefed. I didn't know that we were essentially actually voting on the contract today, which um would lead me to try to understand. You know, I was seeing the terms and conditions on the flock website, but to my understanding, they're not the same terms and conditions as what's in our bite board. Can someone clarify that for me? >> So, when we did our review, we were using the February edition of this. So we we came to you all in March and so what I shared was the the February version >> and and Representative Nino can can I add something? So so the current contract is what we agreed to. They cannot uh and they have not changed any of uh what Representative Canales mentioned they have changed they have not sent us anything like that and if they did we wouldn't accept and we would uh get with legal immediately. Um so so yes that that would do and this is just um asking you all for approval to apply for this uh grant and in that grant the funding the state would would uh uh give that funding to renew the contract but we haven't renewed the contract until until it's awarded until you approve u. So this is just to apply for the grant. >> So today's item the deadline to apply for the grant is May 8th which is next Friday. The current contract that we have with Flock ends on May 16th. Now, when would we find out if we do receive this grant? >> Uh, probably by end of June, July, we'll get notification that the state uh the motor vehicle crime uh authority has um uh given the grant. This is the the third year. So, we've gotten this grant two years before. This is will be the third year that we're applying for. >> Okay. And I'm asking these questions just because again, I didn't get briefed. So I'm trying to understand yes sir the whole picture right now. >> Um previously the grant applications would state information such as like overtime, travel, training and the backup doesn't specify what the expenditures would be like for these specific grants right now. Could we have possibly applied for the grant and then in the future have a conversation about flock so that because I'm trying to figure out like how much funding of this grant essentially is going to fund overtime other equipment that PD does need because we don't have that information. >> Yes, it's it's on the grant application sir. So what we're applying for is uh overtime which will allow us to do 18 more operations per year. Um, it sounds like a lot of money, but when you have a group of six, seven officers working, it only gives us that 18 operations extra to go combat automobile crime. And um, for for for the PPE that's listed on the grant, it's just hard hats, vest, gloves, because our officers do inspections at recycling centers. They do inspections at uh, at uh, scrap yards. So, by law, they have to wear some protective PPE. So, we're going to purchase that and then also renew the contract if we're allowed to. >> Now, does this specific whatever you list on the specific grant application, that's what you must do the expenditure for whatever is listed on there. You can you possibly >> some grants allow for you to do adjustments, but you would have to get approval from the agency, but uh those are very rare that we would do. If we do an adjustment is because that company or that technology is no longer available and we would we would consult with uh our procurement and with our legal and and of course get the granting agency's approval. >> Okay. Thank you for that. Now, I know that last time we talked about the policies in place, you know, being proactive and the things that the city of El Paso PD and IT have done to ensure that there's those privacy guard rails. And I do see that we have that transparency portal that there's a screenshot on the presentation. Um, I was trying to understand do do we have written policies within the department that have these protections that govern staff? >> Yes, sir. Yes, sir. and and I had mentioned that uh uh only a limited amount of selected uh investigators in the department have access to it. They have to go to uh a training. They have to be vetted by uh given access by uh our administrator ALPR administrator but also by our city IT. They have to every time they sign in every they have to sign with their own password and then a multiffactor authentication. So the system is very secure. we do uh per policy that policy and I'll share with you uh it's quarterly audits but uh as a investigations bureau chief for the department I ask for uh monthly audits on that so there's a lot of guard rails on on that because when we look at a am I presenting to you statist statistics and the great work that men and women do um uh please uh I can assure you that we look at privacy concerns whenever we're going to use a technology or purchase an item we look at that after Oh, I mean we we have to protect our fourth amendment. We have to protect the constitution takes people under arrest and and depriving mother liberty. So anytime we purchase something, all those things are vetted and all the things under our consideration. We are not going to violate anybody's uh fourth amendment or privacy and we live by that code. That's an oath that we took. So we take very seriously whenever we purchase technology uh and and our agreements with those companies that that's safeguarded. Um, we're not just showing you this stats and and and we are wooed by those stats. No, we take into primarily in consideration responsible use, privacy for uh for our citizens and uh uh um uh our policies that are very comprehensive. Now I'm trying to understand in regards of the actual language on the grant saying flock, but it could have been any other equipment, any other LPR equipment as well. Right now, is there an opportunity to not miss out on still applying for a grant but not focusing on flock within this specific grant? There are numerous vendors out there and uh we would have to to look at that. Uh one of the reasons that we went with this vendor uh years ago is because of uh uh the the technology uh the more advanced art they had, the affordability, uh the guarantees that they gave us as far as the data that we would control. And those are some of the reasons why we we went and of course in consultation with our our procurement and our legal departments. >> Yeah. Yeah, and I know that part of our strategic plan, you know, ensuring that our first responders and law enforcement have the tools needed in order to be successful at the role is a priority of ours. But again, I was asking these questions just cuz I didn't sit down and get briefed on all of these uh key things that are important for me, but uh I'm grateful for your time and all the questions that the representatives have me. >> Thank you, Representative Ningo. Thank you, Representative Tjo. >> Thank you, mayor. I actually wanted to mayor ask if I can reconsider my vote. I was a little confused on the voting of all three items. >> Okay. So, you're making a motion to reconsider. >> Yes. >> It would have to be someone on the prevailing side. Representative uh Tjo voted I to deny and the motion failed. Someone on the prevailing side would need to make a motion to reconsider. >> Motion to reconsider. >> Okay. Is there a second? >> There's a motion and a second to reconsider. >> And this is the denial, right? Okay. Just want to reconsider items 23 and 67. >> We're voting on the denial. >> On that motion, call for the vote. I mean, I'm sorry. All in favor >> to reconsider. >> Wait, wait, Miss Fry Hona, one more time. >> So, we're voting on reconsidering to deny. >> Well, it would be to deny. Well, the motion fail to deny. So council can either approve it or reconsider the motion to deny. >> But we would still have to take a vote if we wish to approve this contract. Correct. Yes. Or this item. >> So do we have to do >> there's no motion right now to approve? >> Reporter who wants to correct her. Yes. >> She voted the wrong way. She wants to correct her. >> Okay. >> Okay. >> So all in favor to reconsider. >> Anyone opposed to reconsider? >> Okay. Mayor. Okay. >> I'm not sure what the motion what the next motion is that they want to reconsider. >> The motion to reconsider the deni the original. >> Okay. So the motion to deny is made by representative Canales, seconded by representative Lemon. This is to deny items 23 and 67. Mayor, would you like me to call for that vote, >> please? >> Or is there discussion? >> Wait. Yeah, we got Representative Asetto. >> I I guess um to specifically to this um motion. I I just wanted to clarify this is not um just based on what Rep. Naniel just said, we would still consider the flock contract. We are not considering the flock contract again because this would give the authority to apply for the grant and then you just hopefully you're you want to get the grant and then at that point you don't need to come back and say approve the flock contract. >> You still need a motion to approve. >> I I understand that. Um >> yes yes you're correct. >> I'm correct. You understood what I said. >> So it's not coming back today. It'll come back in a year is what I'm trying to say. like today is the flock vote. >> Okay. All right. Thank you. >> Okay. Represent can. >> Thank you, mayor. Um, yep. Before a vote to deny, I have some questions as well. Um, in addition to my comments earlier, I I also have questions about process. Um, actually, let me back up. as I started with before, like there are potential benefits to Flock. I I don't dispute that. Um but I just don't think it's enough to point out the potential benefits. Um we have to decide if this is the right fit for our community and and council, I'd ask that we deny this. I I for me the answer still is no. Um, if we this is an it's an it's an it's an extreme example, but if we had licensed new software and hardware to run our traffic management system, our traffic lights, and all across the country, we saw repeat failures of the same system causing crashes and and outages of other cities systems and employees of the company tampering with the lights and changing the signal timing to benefit their own commutes and the commutes of their families. and it led to entire cities and states banning the use of that software. I don't think we would be considering a renewal of that no matter how beneficial it had been to us seeing the issues at other places. Um to me we're in a similar situation with Flock, [snorts] not because the technology has no value, but because of the governance challenges and the data control issues and the reliability concerns and the implications for for community trust. I I just think that those outweigh the benefits that have been demonstrated so far. And again, you you have demonstrated some benefits. Um and you know, we heard some specific cases where where flock has been successfully used. [snorts] I just think until we address those issues clearly that continued participation in a system like this isn't prudent for us. Um there's still so many outstanding questions and issues that we see in other places. So now I'll say I I have some questions about process as well. I've been told multiple times and and the public has been told that the contract with Flock was inspire uh expiring in May or possibly June and that the council would vote at that time on on renewal. Uh I now understand based on what I was told today only during our our lunch break uh that the that this is it and if it's approved today if this item is approved today then the contract with flock will be renewed administratively through the byboard uh with the purchasing collaborative and and it won't come back to the council for approval at a later date. Um, Miss Mack, I I genuinely appreciate your your public apology and I I know that it wasn't intentional on your part, but from a process standpoint, it's just difficult for for me to accept this level of information sharing. Um, it's now the second time on this very issue where uh the information shared with us and and with the public I I think hasn't been totally clear or correct. Um, I I also have a concern about what I've heard from a constituent about their a response to their open records request through through which they requested the city's agreement with Flock. Um, the response they received reads as follows. It says, "Your request received March 26, 2026 has been forwarded to me and is being treated as a request for records under the Texas Public Information Act. You requested the following information." Quote, "Contract between the city of El Paso and Flock Group, Inc. doing business under the name Flock Safety. Please be advised that I have been informed that there are no responsive documents pertaining to your request. As no respon responsive documents have been located, there is no charge associated with this response and your request is now considered closed. Please reach out to the city attorney's office for any information regarding what you were looking for as the El Paso Police Department does not have any responsive information. Uh there's very little I can say to defend that to someone. I mean, the the agreement obviously exists. I've seen it. It was shown to me by the police department. Um, how can I possibly explain to someone that received that response? Is that information now being made public? I understand that that might be available moving forward, Miss Mac. >> Yes, sir. We'll make it available um on the website. >> That's correct. And Repllis, um that was an administrative error from the police department. We've already reached out to that requester today and provided them the responsive records. >> I I know. I understand. that at what time today was that provided to them? >> Uh it was about I want to say like two hours ago. >> So they've had two hours. They couldn't they couldn't sign up to speak at this meeting with that information. Uh and and I just I think that's uh it's a big oversight. Uh you know that we're being asked to vote on something, the public is being asked to provide their input and yet they weren't provided with the information requested. Um, it'll be on the FAQ site from now on and so we're going to have our staff put it up there so if anyone wanted it, they wouldn't have to request it. It would be on the website. >> I understand. But again, it's beyond the deadline for them to sign up to speak at this meeting having that information. >> Um, I guess to that end, there there are some members of the public who signed up to speak this morning and some of them did speak this morning. um they now have access to this additional information since we just learned this afternoon that there will be no additional vote in in May or June time frame uh on the agreement. I I think it'd be fair to allow them to speak on this issue having having the new information. Um with that, I'd move to suspend the rules to allow for additional public comment on this item. >> Second. >> Okay, there's a motion and a second to suspend the rules. >> M. Yes, there's been a motion and a second to suspend the rules of order to allow the public to comment on items 23, 64, and 67. All in favor? >> I. >> Anyone opposed? And the motion carries. Right now, I have two people that are in the queue that did sign up to speak. Mayor, may I call them at this? >> Yes, please. >> Thank you. We have Mr. Juan Ortiz. Mr. Ortiz star six please to unmute your telephone. Juan Ortiz star six please to unmute your telephone. >> Go ahead Mr. Ortiz you have three minutes. >> Yes. Uh really quickly uh my name is Juan Ortiz the resident of El Paso District 2 and I am member of La Rosa. I'd like to make some quick points given what was said previously. Um, and there's so much to get to, so I'll be as as brief as possible with a couple of points regarding the contract. Uh, but a second, uh, I second the call for more of hyperloized accountability and that the constitution wasn't supposed to be convenient to authority. It was meant to ensure our rights and our allegiance should always be to the Constitution and to our democracy. We shouldn't have to remind our local government- elected officials of that fact. Um then I'll serve you. Uh Alpac's uh block safety transparency portal leaves immigration enforcement as a prohibited use of this system. I want to explain why that prohibition is not uncaranteed. It is merely a wish. In in 2017 the federal government established a document. It is called the DHSPIA-039. It is a privacy impact assessment, a public record uh available to the T uh on dhf.gov and if the department of homeland security formally documented that ICE uh procured access to commercial license plate reader data not just for criminal investigations but for civil immigration enforcement and removal operations. This is the government's own language. This is it in its own documentation. Um the same document acknowledges in the government again in the government's own words the license plate data in the aggregate can reveal where a person's where a person worships where they seek medical care where they participate in whether or not they participate in political activities. They uh this is in their own wording and and still yet they instituted the system as is. uh the same document. Uh now now this is where the system meets the real world in uh Woodbury, Oregon, a city whose flock portal made uh the same immigration prohibition promise to that El Paso is making the DHS access their uh camera network 384 times with the city's knowledge without the city's knowledge. Pardon, which is really important point to point out. uh border patrol conducted an additional 290 searches. This happened through the federal pilot program that flock enabled without telling the city. Woodurn only found out when the they audited their own logs. In Texas, in this very state, audit logs from six different districts showed that the immigration related searches outnumbered criminal investigation 2 to one. Flock's own CEO later admitted in writing that the company ran undisclosed federal pilot programs and quote clearly clearly communicated poorly. Well, that was his excuse. And here's the piece that should stop this council called a legal expert as no one has answered. >> Thank you, sir. You've reached the time limit. The next speaker is Shayen Cohen Jones. Miss Cohen Jones, star six, please to unmute your telephone. Shayen Cohen Jones. Good afternoon, ma'am. You have three minutes. Good morning. My name is Shay. I'm an El Paso resident. I had a different speech prepared, but I'm going to scrap it um for a couple of things that um now that I've been able to read what appears to be the actual contract and the terms and conditions attached to it. Now, I'm not sure if this is the same record provided about two hours ago. Um, but based on what I've been able to um now read first, it appears that this contract was not signed directly with Slack Safety, but rather through a reseller called Insight Public Sector based in Arizona, which would mean that El Paso is not Sax Direct customer, but that there would be a middleman between the city and the company surveilling it. Second, the product El Paso purchased is described as a license plate recognition camera or vehicle fingerprint, not a license plate reader, a vehicle fingerprint system. The transparency portal says the cameras detect license plates and vehicles, while the contract says fingerprinting. Those are not quite the same thing. A license plate read is a data point, whereas a fingerprint is an identity profile. Third, section 4.1 of those attached terms and conditions grant block an irrevocable license to use a passive data. Not temporary. That sounds permanent. Even if this council lets the contract expire on May 16th, what would happen to Flock's um license over that data? Fourth, section 4.3 grant grants SWACK a perpetual right to use anonymized alpasa data for and reading directly from those terms and conditions otherwise can use data from El Paso's cameras to build and sell products to other cities. Again, that sounds like permanently without El Paso's consent. So, and this is the question that I would hope this council is able to answer today. Section 7.1 of those terms and conditions state that unless either party provides written notice of non-renewal at least 30 days before the end of the term, the contract automatically renews. The contract expires May 16th, 30 days prior was April 16th. That date has already passed. Has the city sent written notice of non-renewal for safety? If not, was this contract already renewed automatically without a council vote, without a public debate, without any of you being asked? I'm not making an accusation here, but rather asking a question that this contract requires you to answer. Does the contract expire on May 16th or has it already been renewed? This council needs to find out which one it is today. Thank you so much for your time. >> Thank you. Is there anyone else that would like to speak on these items? If you'll please come up to the podiums and state your name for the record, you'll have three minutes. Good afternoon. My name is David Espino and I want to address a question that this council will ask after hearing everything that has been said today. Um, what is the alternative? And that is a fair question and and this serves a direct answer. Um, the alter the alternative is not to leave El Paso Police Department without the tools. The alternative is to not pretend that the license plate reader technology doesn't exist or that it has no value in law enforcement. The alternative is to stop doing business with with this specific vendor on these specific terms without this specific oversight. Here's what it looks like in practice. Denver, Colorado canceled this flaw contract after community pressure. Within weeks, the city awarded a new contract to a competing vendor through an open competitive bidding process. Denver did not lose its cameras. It just lost flock. Richmond, California, issuing a formal um request for propo uh for proposal right now um to replace its flock system. The RFP requires improved contractual terms and independent third-party audits for compliance. Richmond is not going to it's not going dark on public safety, but it is demanding a vendor that can actually be held accountable. Haze County, Texas, um, right here in Texas, uh, terminated their flaw contract. Their commissioner said it plainly, it was about the company's practices, not the technology. El Paso can do the same. What a request for proposals would allow this council to require in writing in a fixed contract is everything Flock has refused to provide. Local ownership of data. Local retention of audit logs. Fixed terms that cannot be silently rewritten on a website. disputes resolved in Texas, not in Georgia. Independent auditing by a body accountable to this council and to El Paso. That is not a radical ask. That is what a responsible public contract looks like. The current contract with FOG was not a competitive bid bid. It was a stage grant that a state grant that made it easy to say yes without asking hard questions. The questions have now been asked. The answers have not been satisfactory. Letting this contract expire is not the end of public safety technology in El Paso. It is the beginning of doing it right. So, we request that a request for proposals to be issued to set standards to choose a vendor that earns the contract. The contract will expire. Please let it expire. There are other options. >> Thank you. >> Thank you. Anyone else? Please state your name for the record and you'll have three minutes. >> Hello again, council. I'm Ryan Anderson again. Um, the fact that we did not have the contract publicly available that they hid it for the until today during city council. The fact that y'all may not have had access to said contract is baffling, like insanity. The fact that it's hidden so much. Why would why do they care to hide this contract so much? Why do they why bother to try and defend it when there are many other vendors that are easily accessible that clearly our police department knows about or else they wouldn't have mentioned them previously? >> [clears throat] >> The fact that the police feel a need to defend Flock is very concerning considering how consistently Flock has been proven to betray its customers, backstab their customers by selling data um to federal agencies, to third parties, to whoever they deem pays enough to uh access it. The fact that I can pull up a every single search request from EPX Police Department on have I been flocked.com shows just how insecure it is. the fact that Heron Illinois Police Department um Beer Illinois Police Department and plenty others are easily found within a fiveinut search on Google to have access to El Paso Police Department search requests. Why does a si Why do cities in Illinois have access to El Paso Police Department search requests on flock? That does not spell safety to me. That spells stupidity. That spells a lack of awareness of who actually has access to the this information. When our own police department cannot have secure stuff and hundreds of other police departments have access to this information presents clear design flaws with Flock with the network with the system. We need to get rid of Flock immediately if they can like with with this continued betrayal from them. Thank you. >> Thank you. >> Is there anyone else? Mr. >> Yes. >> Okay. Robert Abs, correct? >> Yes. >> Good afternoon. >> Good afternoon, council. Thank you very much for having me again and for allowing for this to happen. So, it's been a long day. Obviously, I've been here since 7:40 a.m. all damn damn near the whole time alongside my colleagues here. And you have heard a lot of testimony today or something like testimony to show you that flock is not an option. Really isn't. There's others. There's better options. There's other stuff to look forward to. And you've heard the facts. You've seen the the issues when we're talking going back to the facts that the assumptions that there's full transparency. There isn't. And the website that APD has provided. There is no access to that contract, new one or the old one. The language of the contract has been severely changed as said by uh representative Ganales and it has been severely modified and there are many issues with these if I may. According to deflock elpaso.org um and security researcher John Gaines Flock Falcon cameras run Android 8.1 Oreo an operating system Google discontinued in 2021 so it's easily accessible to discontin no more patching on that system. Moving on to same from the same source of John Gain security researcher. It has been hacked in less than 30 seconds. No tools required. Security researchers demonstrated on video that flock cameras can be fully uncompromised by anyone who can physically reach them. So even if it was a possibility that we can keep them within ourselves, what stops a simple hacker from accessing any of this information and putting it out there, from stalking someone, from being able to, I don't know, hurt someone out in the street. It is highly irresponsible and can be easily accessible. Then moving on to uh according to 9 News Denver, hard-coded credentials, clear text transmissions and credentials on exist within the dark web. Flock cameras store hard-coded Wi-Fi networks names and transmit credentials in clear text. Meaning anyone who creates a Wi-Fi hotspot with the right name can intercept traffic from nearby cameras. That is just good old movie logic and real logic in this case. Moving on to NVIDIA.Nist.gov. 22 confirmed vulnerabilities in the US government's US government cyber security registry. The national vulnerability database. The US government's official registry of cyber security flaws list 22 confirmed CVEes especially affecting flock safety hardware. You can clearly see that it's not the right option. there are other stuff we can use, other s other accesses that we can use. You have a responsibility to the people of this city to make sure they are safe. And even though maybe in some perfect world where the police department can do their jobs, which which they can, they're able to. They've been able to track down motor vehicle thefts, catalytic converter thefts before using antique methods, old methods that have worked. We do not need AI to help us. We do not need new technology that can be easily accessible. We do not need technology that can hurt people. Thank you for your time. Thank you. >> Anyone else? [applause] >> I don't see anyone else coming forward. May >> Okay, Miss M. I want to at least give the chief an opportunity to come up. >> Yes, sir. >> Because he's the only one that hadn't said anything. Chief, >> good afternoon, mayor, council. Thank you. Peter Pacillas for the record. I'd like to caution you all uh on this uh to think about the vote um here because what happens here by denying this application for the grant what happens here if we lose flock we lose oversight of the data Texas DPS will come in and install flock cameras across they're they're they're installing it in different cities we have no control over the information at that point right now we have control of the information through our policies, procedures, through our IT department. Uh ensuring that uh our our network is secure and uh um I just want to caution you on that we lose DPS comes in takes control of all the information and all the uh flot cameras that they will install. >> And chief, I' I've asked you this before. Um has this helped your officers be safer? >> Yes, sir. they know who they're pulling uh over immediately. Like in the example that uh Mayor Prom uh talked about the uh individuals that murdered that individual in Albuquerque. That was within uh a day or two that we knew that they were in the city of El Paso. >> And and has this tool helped make El Paso safer? >> Yes, sir. >> Okay. Uh Representative Rocha. >> Thank you, Mayor. And I I apologize, but thank you, Chief. I did a couple of ride alongs with with some officers out of two uh regional command centers. Uh right now um there is a friend that her daughter is missing, has been missing since last Wednesday. She's 16 years old. I [clears throat] I went on those ride alongs with the full intention to say, "Okay, let's let's dispel these these um license plate readers." That license plate reader, and I think I've shared this in council before, led to the arrest of an individual that had just crossed over the bridge with an 18-year-old female. And it was about a two pound uh two pounds of meth that were taken off the streets. Prior to that, um or actually on my mission valley one, there was a flot camera that was used um because there was a DWI. it. He was he he was impaired, but the officer as I was talking to him prior to him making the stop was understanding of who actually owns the vehicle. So, it wasn't a place where it was giving facial recognition or didn't give any face on the computer that I saw. It was strictly the license plate. >> Correct. So chief question this grant doesn't you know I heard previously that we can go out for an RFP miss is there money for an RFP right now >> if we >> and in the amount of what the flop camera grant is for >> we don't and I think all of you are pretty aware of what our timelines generally look like for RFPs. So we would >> probably take about eight months along that process to really sort of go through that and so it would mean that we would miss >> um this year >> and then figure out what another system would cost >> for the next fiscal year. >> Correct. >> The fiscal year ends August 31st of this year. So it the grant is however much money it is hundreds of thousands of dollars. What would happen to the police department at that point, Chief, using antiquated methods? >> We'd be going back to um uh policing uh decades ago. Uh once again, um the El Paso Police Department is very good at investigating, even old school, it still takes some of that, but technology enhances our ability to continue to keep this city safe as we're moving forward. My understanding, chief, is that your staff right now is the same number as we had in the 90s. >> Correct. We hit We hit a thousand officers about 1994. >> How many short FTE are you, Chief? >> Right now, uh, authorized as 135. We're short 135. >> Thank you, Chief. Appreciate it. >> Represent Nino, >> it's the other one. >> I'm sorry, Pierro. >> Thank you, Mayor. Chief, um, don't the cameras or I'm sorry, Miss Mack or Chief, I'm not sure it goes. Don't flock cameras belong to the city of El Paso? >> They're leased. >> They're leased. Yes, sir. Okay. Thank you. >> All right. Represent Canales. >> Thank you, Mayor. Uh, I have a couple of questions. Are are there any other ALPR vendors available on any of the buy boards or through any of the purchasing collaborives that we're part of? >> I would have to research that or defer to the purchasing department. >> Okay. So, we were able to procure the contract with Flock through a by Board. It's very possible that there could be another vendor also available through a different bird. Yes, sir. >> Um and then um and and I promise I ask only to understand I don't I don't mean in any disrespect. Um Assistant Chief Talibantis earlier said there there was no way that we would have agreed to the updated terms that we didn't receive those from Flock. I I was sent those by Miss Mack today. I read from them verbatim from from what I received from her by email. I mean, either one one of those is true or the other is true. They can't both be true. I mean, I I think that what I read is is our current terms and conditions with in within the agreement with Flock. Is that >> So, my understanding is the the the agreement that we got into under the current contract, those are the uh the provisions of the contract and those can't be altered. I'd have to defer back to legal. uh even though it was on a bipboard, my my understanding is that was a uh uh when we got on the buy board, those were the terms and conditions >> and those have not shifted since the start of the agreement or they have because what's posted on Flock's website and again what I received from the city manager today seemed to indicate that those were the current terms and conditions, the the the altered ones. >> Yes. No, we're we were not made aware, but what I'll defer to the legal, but uh under the terms and condition that we agreed to under the byboard that we went. >> That's exactly what my understanding is as well based on what PD purchased through the byboard is the terms and conditions that exist today. >> So, the updated terms and conditions are not effective. >> If there's updated terms and conditions, they would have been sent to PD for their review. I don't know if that's happened. Okay. So those and those are not in effect right now. >> Yeah. My understanding is the original terms and conditions when we initially purchased through the byboard are what we have as the contract and the terms and conditions that are there are what we are currently working with. >> Okay. Yeah. Then I I'm having trouble then understanding what information to rely on if I'm being sent other terms and conditions. Um, >> and and >> can we keep it down back there, guys? Thank you. >> Um, and yeah, again, I it just adds so much confusion if if we don't know if we have terms and conditions that say they're able to disclose our data or they're not, that that's a huge red flag for whether or not we're approving a contract with them. Um then regardless if we enter into a new agreement or renew the agreement uh have we seen already what those the the new terms and contract new terms and conditions in the new agreement would look like? So that would be during the whole uh research or the factf finding in that we would turn that contract uh terms and conditions over to legal for review and if we don't agree to things we would ask our legal department to argue on our behalf for a contract that we accept with uh whatever vendor >> would we accept the contract if it included the language that Flock was allowed to uh disclose our data? >> No. And that that was one of the things that we've been we've been saying over and over again. That's why we uh are under the uh current uh flock contract where we control all our data and all our information. >> Okay. Because in the new terms and conditions that are made available through Flock's website, that is in their their updated terms and conditions. I anticipate that's what they would expect us to agree to in order to continue to use their system. >> Yes. But that that's where we would turn it over to our attorneys to fight on our behalf for our terms and conditions to be in there. >> Right. I'm just I guess I'm I'm looking for some sort of assurance that if Flock was not willing to remove that from their terms and conditions in what they agree with us that we would not look to pursue that agreement if they were allowed to disclose our data. >> Right. And that's where we want to control our our information. Once again, that's where we get our legal department to argue on our behalf for a contract that's acceptable to us. >> Okay. I think Miss Neman has a comment. >> So unilateral modifications by the other party are not binding on the city. If there were changes made by Flock that we didn't agree to, we are not bound by those terms. My understanding is that today's agreement hasn't been signed and there's been amendments that we haven't reviewed. What you are all relying on is a prior contract that is currently in place. So, whatever modifications you all are relying on, and I'm not clear what you're reading from, if it's the terms of the contract that was provided to the council a couple of weeks ago or the new terms or conditions. That's what I'm not clear on. >> So, I was sent a terms and conditions document today >> by the city manager. >> Is that the same It's the same contract that we've had in effect that is that expires in May. >> Uh it reads updated on February 28th, 2026 at the very top. >> So, if the city of El Paso didn't agree to those terms and conditions, we are not bound by them. Another we signed an agreement last year. So whatever flock decides to change would have had to have been approved by the city. >> So what we were told earlier was that because it's through the byboard that the buy board accepted the change to the terms and conditions. Is that not the case? >> But we don't agree to unilateral modifications per the terms of the agreement. So another party can't change a contract unilaterally. Hence it's not a contract. A contract is a binding agreement between two parties. the other side doesn't just get to change the agreement because they want to. >> What I understand is that we have something that more closely resembles a use a license and use agreement that we don't own, you know, it's not a contract for the purchase of the of the >> correct. >> So So we are agreeing to their terms to license the the the software and the hardware. They're not able to update their their terms of service for a user agreement. Not traditionally because we would have to agree to those. I don't know whether the terms or agreements were reviewed by it and there were issues that they waved off on. I would defer to them. But traditionally under Texas law that's we don't allow unilateral changes in contracts. Okay. Okay. And then like I said, I guess I'm just looking for assurance that if those if if the new terms and conditions that Flock provides publicly that they say are the terms and conditions for their users, um if if that's if those hold, if those are the case, then again, we wouldn't be okay with entering into further agreement with Flock if if they disclose >> our data to others. >> If they reserve that right in their new terms of service, >> if they reserve what right? the right to disclose uh customer data to others. That is what it reads in their their current terms of service. >> Correct. But those changes would have to be approved by the council. If there's a unit if if they're coming forward, we would have to say this has been approved by the governing body. That contract is not coming forward at this moment. We're going to go out and apply for a grant. The contract will come back. I think that what you all are recommending >> that's not what we're being told. The the contract will be executed administratively is what we've been told today. But I think that in order to get to what you are seeking is what I'm hearing is that you want us to enter into an agreement with specific provisions that prohibit Flock from doing certain things. >> Not necessarily. I don't want us to enter into an agreement if Flock says that we have to abide by those terms. >> Okay. Um and I mean again that they're the terms of service that I was sent and the terms and conditions of of flux service that I was sent today. I >> right and traditionally we vet them from a legal perspective but then their security protocols we also rely on it. So we rely on their expertise and then PD's needs for the software. So they're the subject matter experts in terms of what the system would need what they need for the system. I I can understand that. I just think that whether or not we disclose our own user data um and whether we allow one of our vendors to disclose our what is essentially our proprietary data is a policy decision that I would hope would come from the council. Um, and and I I again I'm just trying to seek assurances that we don't want to, you know, that people are in agreement that if Flock requires us to to to agree to that language um that's in their terms and conditions, that that's not something that we would do. Either we would look to uh negotiate a change to that or we wouldn't proceed if that if they held firm to that. That's that's all I'm looking for. Um, I I think it's a a massive change to go from Flock does not disclose uh any user information to Flock reserves a perpetual non-revocable right to use and disclose our customer data. It's a huge change in their policy and it is I mean, you know, documented for the public on their website. So I I just am concerned that there's still some confusion about whether or not these apply now or not and then whether or not they would apply in a future agreement if if the grant is awarded and we look to enter into that future agreement. >> So let me clarify for you. We would need to look at the terms of the contract as presented at the time that we're going to enter into the contract. So today, respectfully, you're talking theory and analytics in terms of what was said before. They could change the terms and conditions tomorrow if you approve the contract and we're looking at another set of documents. Again, the terms and conditions that you're relying on were in February. The city didn't agree to those unilaterally when we entered into the agreement the prior year. What I'm hearing from you is your policy recommendation is you would rather us not enter into an agreement with a vendor that does the things that you don't agree with. Those are policy considerations for the council. today. We don't have a contract that we can tell you these are going to be the terms and conditions that's going to come forward in the future. >> I understand. I'll close by saying the council doesn't have any future opportunity to weigh in on this policy decision. And so I'm all I'm trying to get is some assurance that that there's agreement that that would be a bad terms for the city. Um and you know, Chief Talment said it earlier like we wouldn't we we didn't receive that. We wouldn't agree to that. >> I hope that that holds. Okay, >> I'll leave it at that. Mayor, thank you. >> Represent Nino. >> Thank you, mayor. I know someone asked in regards of if there are other vendors on the buy board. Can we verify that or can someone provide background on if there is other vendors that could provide such technology on the buy board? >> We can and we can get back to you. >> Okay. >> I don't know if we could do that right right now. >> Yeah. The the reason I'm I'm trying to understand is if there are if there are new terms that are taken in consideration when we're going to be entering into an agreement and our legal department embeds it and say the legal department is not agreeing to those terms, what happens then? Is there specific negotiation between the city of El Paso and the vendor to also, you know, justify what our ask is in regards of community protections that we want to advocate for or or how would that take place? >> So, we would get with our our legal team on things that we see in the contract that we don't like and we'd ask our attorneys to argue on our behalf what we want in the contract like we do with several contracts. If we if we don't like it orus we don't like it, we ask our attorneys to defend us to put the things we want into the contract. >> So there's always opportunity to negotiate with the vendor specifically on the actual terms. Is that correct, Miss Neman? Miss >> not can you redline a document I think is what he's asking. >> So historically and as a matter of policy when there's a vendor on the buy board, we agree that there's terms and conditions that apply to all vendors. There are exceptions for certain types of contracts where we will negotiate certain terms and conditions. Um I would defer to staff in terms of how often we do that in the purchasing department. Historically out of the city attorney's office, we know that our terms or conditions are the same across the board unless it's like a different contract. um what I hear from the council and and and I I think it's it's a policy decision on how you all want to proceed. We hear what you're saying, but we're also cognizant of the needs of the police department in terms of what they're looking for. Um, like Miss Mack uh reiterated yes earlier, if the council is going to want us to go back for an RFP, that's going to take another year in terms of you coming back and saying, "We don't want you to enter into contracts that have X, Y, and Z, and then we bid it out, right, with those provisions. And then hopefully we get a vendor that does those things." >> Yeah. I I don't think that's what they're I think what they're saying is that if the current terms and conditions that are on the website that says they're going to take the data and share the data out with other groups and other agencies that that's what they don't want. So they're saying when the contract does come in that we make sure we put in there that we're not sharing the data. >> Yeah. And what I'm trying to sorry for >> that's what I exactly and what I'm trying to understand say that you know an agreement has to work both ways. If flocked doesn't agree to the terms, what happens then? Right? To where they say this is how our company functions. This is what our what we this is our process. Take it or leave it. That's what I'm trying to understand in regards of our ask and the community and the policies that we currently have in place versus them being a private company and saying no, this is how we conduct business. And where I'm getting to is, you know, on the documentation of this item, it specifies funding ensures a continuation of flock LPR crime technology. And I'm wondering is again usually we're able to see of these grants that support overtime and other type of funding opportunities for the police department. If we were to cross off specifically SB224 funding ensures the continuation of flock LPR camera technology and you could say SB224 supports LPR camera technology, meaning should there not be some sort of agreement that the city agrees to when it comes to having that conversation with Flock, what what would happen next, right? Because specifically saying flock on this documentation is pretty much you would be stuck on moving forward with flock is where I'm trying to get to and understand. >> So if we if if we if we can't come to an agreement through the negotiation part on the contract, we're going to protect the interest and then we're going to take the advice of our attorneys uh on that and then we'd have to figure out something else to do. And if somebody else isn't on a buy board there, then we're going to have to go into the long procurement process. And then what's the length of the uh the performance period of that grant? Are we going to be able to do something like that correct within the performance period of the grant? >> I think um Miss Mack, I don't know if if purchasing could answer if there is other vendors. Um, I know that we're crunched with time, but I think that say that flock is not on there, but Axon or other technology that could be beneficial for the department where that could be used for the same goal. I want to be sure that there's that opportunity rather than being stuck specifically with flock. Do I make sense of where I'm getting to? >> Yeah. But chief, I'm going to make sure I understood what you said when you walked up that if if we don't go this route that DPS will come in and and put this system in anyway irregardless if we discontinue because we're sharing with local and state uh on this DPS will come in and they're going to install they're they've gone to flock they're going to install flock cameras and at that point we control no no information and no data if we rely on them for information >> and if we go under the scenario that representative Nino is talking about if we found another vendor, say ABC Company, could that scenario still happen? >> It could. I don't know. I can't speak for at this point if we came in with a different LPR. I I don't know. Okay. >> And and that's why I'm asking if they're on the buy board because we don't have to go through the long process of it going through a procurement process rather they've already been vetted. they're at a as a vendor and essentially this the department should there not be an agreement between the city and flock due to the terms we could possibly move on with another vendor. I'm just trying to understand the whole picture. Right. >> If there's another vendor on the buy board, yes, your your your uh analysis of that I would agree with. >> Okay. Now would purchasing be able to verify at this time if there is any other vendor that provides such technology again I didn't get briefed so that's why I'm asking all these questions to understand >> I understand >> good afternoon Garcia with purchasing and strategic sourcing department yes so we can look into the approved co-ops to see what contracts are offering similar services and so we can determine if they and offer the services that we're looking for. And just for clarification purposes, the use of any co-ops, they already went through a competitive procurement process. So that's why we're able to use those co-ops as a piggybacking of those contracts. >> So essentially, the flock agreement comes to an end May 16th. we get we apply for this grant that's due by May 8th and we don't know if we receive the funding until June but us having that co-op opportunity where they've already been vetted again it's not going to go through the six month 8-month process because if they're a vendor we could entering into agreement tomorrow is that correct >> that is correct >> okay um mayor I would like to make a motion to I mean it's it's it's on the issue statement, but to cross off where it says SB224 funding ensures the continuation of Flock LPR camera technology and offer for it to say SB224 supports LP camera technology. And what I'm getting to with that is that there's still an opportunity for you to have a conversation with Flock, but should that agreement not work out, there's always an opportunity to go through the by board and see if there's other technology that could work for the department. That would be my motion. Mayor >> second. >> Okay. Miss Pride, do we have to take the other one we have on the table? >> Yes, because there's a motion to deny pending. Okay. But we still have discussion on on the first motion and then we'll take your motion. >> I think we can still look to amend the item before denial. Can we not? >> Well, there hasn't been a motion to approve it. >> Right. But it can be amended before it's denied. >> I think in the precedence of motions, uh, an amendment takes precedence over the main motion >> which is to deny. >> Okay. >> I think >> you want to deny >> the denial is the is a main motion. It works exactly the same as a motion to approve. You can still have subsidiary. >> Can you sort this out here please? Because it gets confusing. So >> right. And so right now the motion is to deny. So either council can can see where that vote falls before amending a motion to approve since you've gone through quite some discussion on the denial at this point. >> Okay. But the denial is the main motion, is it? Is that's correct, >> isn't it? >> Yes. >> And so the motion to amend is I'm looking at my subsidiary motions here. It's number three. Main motion is number one. >> So it's up it's up the ladder from a main motion. >> Correct. You're correct that the motion the main motion goes last. which is the denial. >> which is a denial at this point. >> So then so you'll take the amendment. >> You can take the amendment. >> Okay. Let's take the amendment. >> I would need the amendment. Please, Representative Nino, if you'll send it to me so I can share it with council. And it's to amend. is to amend the language on the issue statement that states SB 224 funding ensures the continuation of flock LPR camera technology for it to read SB224 supports LPR camera technology >> can you tell me where you're reading that from? >> Yes. So on the item that says a resolution authorizing the city manager or designate to submit to the motor vehicle crime prevention authority MVCA where uh grant application for city of El Paso. Yes. Item 67 >> on item you're amending item 67. >> Correct. >> Okay. It's item 67 >> on the issue. >> Looking at 23. Okay. So on 67 you want to amend. >> Sorry it's 23. I apologize. >> Okay. Item 23. >> Okay. Can you please read it again? >> Yes. On the issue statement on the portion because this is not part of the actual action. It's on the issue statement. So, I'm asking to amend the issue statement on the backup. >> You're the agenda summary form. Is that what you're amending? >> The agenda summary form >> and that isn't submitted anywhere with the grant application. So, I'm confused. >> Okay. Because I haven't seen the grant application. So, I'm going based off on the agenda summary form that specifically states SB224 funding ensures the continuation of Flock LPR camera. It's the last sentence on the issue statement. It's really the only document that states LPR flock LPR. Mayor, will Rev Nino yield for a question? >> Refin will you yield? Okay, go ahead. can >> um the um the issue statement I believe is not part of what we're actually approving. So, we're being asked to approve the resolution. The resolution doesn't mention flock and it also grants the city manager the authority to change the operational plan. Um and so I I think that they would already have the flexibility to do what you're seeking to do. um you know if they wanted to enter into an agreement with a different party because it didn't work out with flock that the city manager would be able to adjust the operational plan in that way. >> Correct. And I understand that. I just wanted it for it to be documented >> clear for the intent. clear for the intent where that specific sentence can reflect where because otherwise none of the documentation that we have is giving the authorization for staff to continue the flock contract. Is that correct? >> It essentially lets the staff apply use the grant to apply for whatever they want. Correct. Because they have control over the operational plan. Miss Neman, so if I wanted to edit the issue statement, even though it's not part of the motion, how would I be able to make that recommendation? >> I I'm going to defer to the grants folks at PD and Miss Mack to give you all that determination because I'm I'm not clear as to what the grant requirements are in. we prepare a resolution that gives the city manager or her designate the ability to submit for a grant. So, I don't know what that looks like from PD's perspective. They need to be able to tell you what it is that they need. If you all are trying to not directly say go hire Flock, what you're trying to say is go look for another provider that meets the grant requirements. >> I'm not saying go look for another vendor. I'm just having the opportunity for staff to identify who the vendor is going to be. Should we not reach any agreement in regards to the terms based on the conversations that we've been having and also the policies that we want to put in place? >> I'm still going to defer to the the PD. >> Okay. >> So, on the grant uh application, we we can uh have a broad statement of uh ALPRs and take out the word flock. >> Yeah. Correct. And I think where I'm trying to get to is again if the terms and conditions don't come back to where our legal department agrees to, what does that mean? Right? >> If if if we're asking the legal department to defend us and and the negotiations that we want on a contract and they say that they came in with an impass with any vendor in there, then there's an impass. There's not an agreement to go into contract with any vendor uh on that. So on the grant application, we can take out the the make sure that there's no verbiage in there to a particular vendor and just use AP uh LPR technology. >> Okay, come here. That one. >> Okay, so where are we at, Miss Bryant? >> Okay, I don't know. Representative Nino made a motion. Representative Fujo second it, but I don't think it's appropriate because he's trying to amend an agenda summary form that staff prepares that's not before council's approval. >> And and just for clarification, we have amended previously grant applications and agenda summary forms. We have >> not the agenda summary form, sir. >> But we have amended grant applications, but it's not part of the action. So h how does that work where we could amend a document but that's not part of the action which we have done? I don't know if someone could clarify that for me. Okay. So this is what I'm going to recommend. you can direct the city manager to go into the grant application and remove any reference to Flock >> and then you can and then they'll move forward to apply for the grant that achieves this grant application purpose. >> So would that be my amendment to do >> right if it's because if you look at the resolution the resolution doesn't talk about blocky correct. So, what you're directing the city manager is >> go apply for this >> and not mention flock as part of who you're looking to enter into a contract with. >> Correct. And and and in no way am I trying to hide the word flock, right? It's more of giving the opportunity to have the conversations should there be other LPR technology or opportunities with vendors. Um, so Miss Prime, that would be my motion to direct the city manager to remove flock and just leave LPR technology a part of the grant application. >> Mine, do we need to take the other one down first? So that that they made. >> Well, you can still amend the item because the amendment is before the main motion. >> Okay. as representative. >> One more time. >> I withdraw my other motion and my motion is to direct the city manager to remove flock >> from the grants or any application and just >> LPR >> LPR camera technology. >> Second. >> Okay, we have a motion and a second. Is there discussion on this amendment? We might get to a vote on this. Miss Prime, >> let me see if I understand this. Look >> is to amend the item motion made by Representative Nino, seconded by Representative Oat Trejo, and this is to direct the city manager to omit any reference to flock on the grant applications and simply reference LPR >> LPR technology. >> Technology. Thank you, >> Representative Leon. >> We may come to a decision, but there's some points that I wanted to make. Number one, I was not briefed on this item, Mayor. The contract copy was not provided to the public in a timely manner, and the grant deadline is being presented at the 11th hour, and it's very difficult to function under those guideline, under those situations. I would just ask that we not repeat this kind of situation. Before I think I had requested that items like this be brought to us in a timely manner. >> No question. >> No question. Okay. Mr. Frank, call for the vote on this amendment. >> Yes, sir. Just to repeat, the motion was made by Representative Nino, seconded by Representative Boyjo, and this is to amend items 23 and 67 to direct city manager to omit any reference to Flock on the grant applications and reference LPR technology. Is that correct? >> Correct. >> Okay. On that motion, call for the vote. in the voting session and that motion passes unanimously. >> Okay, now we're on the >> denial. >> Denial. >> Yes. >> Is there discussion on the denial? Representative Ato. >> Thank you, mayor. And >> I'm going to keep it to the two times on this. So, >> yeah, this is my second time on the on the main motion before I've been counting. >> I have lost. [laughter] >> Um, overall, I I heard um I think it was Chief Tamantes earlier say that there's 18 operations that come with this grant. Is that correct? >> Yeah. And I guess my my question is that before Flock, were there more operations? because then some of the money went to flock and then the operations were reduced. >> We we do get from the motor vehicle crime authority. We we do get uh uh different grants. Uh one of them is uh item 67 which is uh the regular that pays for salaries, French benefits, vehicle leases for for autotheft task force. And then they uh when they saw the problem of catalytic converters just being rampant all over the state and affecting many cities including ours, they uh uh gave us this additional funding to do operations and target those specific crimes. >> Okay. So just to simplify it, the the second item 67, that one's based on salaries and that's for operations like the one that I went on. That's for the autotheft task force, which is our primary unit responsible for keeping automobile crimes down in our in our city, in our county. >> Okay. Okay. And then um overall, I just really want to reiterate the this is more about the unintended consequences of the technology and the company itself, not the benefits. the obviously you're you're getting benefits from the technology but the as a company it's creating privacy trust security concerns for the public and I just wanted to make that very very clear and I think there's some transparency issues here on how we got to today over the last year and and that kind of gives me um some heartburn overall. So, I just wanted to be extra clear on where I was coming from on this. And then overall, um, I'm not trying to beat a dead horse, and this might be Miss Neman or or someone on her team. I I understand that the latest terms that we have are from the end of February of this year and that the city is not bound by unilateral uni unilateral terms. Um, that makes a lot of sense to me. But in the two months since the terms have been updated and we didn't agree to those terms being updated, there is a risk there to the city where customer data could have be sh could be shared. Even though we didn't agree to it and we're not bound by it, that could have still happened and we don't know yet because we haven't looked into that. Is is that correct, Miss Neman? >> I don't know. I would defer to PD in terms of how they manage their system. I I'm not familiar with again I'm not privy to the information that you all have received today. So I don't have a copy of what you all received. We know what the terms of the contract was that we entered into in the prior grant and legally generally under Texas law we're not bound by changes that are made after unilaterally. If the vendor has made changes since we would argue that we're not bound by the terms of those unilateral changes. I would defer to PD in terms of how they would want to bring that forward and and and bring that up to the vendor. >> So, we're not bound by it and totally get it. But what I'm saying is that maybe in the last two months since the they updated terms, they could have sold off some of this data, customer data, and we don't know about it, right? because we have all the internal systems, all the guardrails that that the police department is doing. But overall, we don't know if because they just unilaterally changed the terms on us that they went and shared that data. And I think we need to get an answer on that. I don't think we have an answer today. Um, and legally we're not bound by it, but the damage could have already been done, right? Because they could have done that on their own. And I I think that is a really big concern and we need to look into that more and it's nothing that you probably did on your end, but it was just like, hey, it's kind of like the the things that we've been since we've been using computers where it's like agree to the terms and you just always check yes. And most of the time you don't read what is before you, right? This is what it sounds like that they did to us and law or no law, they might be doing that now. We need to get to the bottom of it. And so that's kind of where um I just wanted to throw that out there and kind of figure out where we're at with that. So appreciate all the work that all of you do. Thank you, >> Representative Tjo. >> Thank you, Mayor. I I did want to, you know, go back and and reconsider my vote because this is something that I do support. I do think this this technology is very important for our police officers uh with public safety and crime prevention and the guardrails that you all have in place uh the vetting the monitoring the accountability measures. Um, I did have a question regarding what you said, chief, regarding the the data that could be lost by not using flock. And this may be, you may not have the answer, but are there competitors that as we're considering all these changes where they could gather that data that is used by flock? >> So, the way I understand the way the system works with flock is every 30 days everything is purged out. Anything that we put in there every 30 days it's purged out uh of the system. So there wouldn't be anything to share with any other vendors that would have to be transferred from. >> So there would be no lost data if we go with another >> no because we we we purge it every 30 days. >> Okay. Very good. Uh and you know representative Nino thank you for bringing that. My thought was you know do we have to use flock? So I'm glad that you brought this up. I think it's going to be very helpful and useful going forward. And I just wanted to let you all know that I do support you. Thank you. >> Representative Lemon, I saw you on there. You're off. >> I think we're clear on this one. So, Miss Prime, please call for this particular vote. >> Yes, sir. So, this would be the motion to deny. And the motion was made by Representative Canales, seconded by Representative Lemon. And this is to deny items 23 and 67. This is to deny. On that motion, call for the vote. End the voting session. And the motion fails. Two to five. Representatives ADO Canales voting yes to deny. Representatives Chavez, Aldonado, Pierro. >> Okay. >> What didn't vote? >> I'm sorry. I saw noise and I looked up and the next thing I knew. >> So, do you want to reconsider? >> Yes. >> Okay. In in fair but in Yeah. But in fairness to Representative Vasto, he he voted and went to the restroom. So we'll reconsider, but we'll give him a chance to come back. I think it's only fair. I think it's only fair. >> So there's a motion to reconsider. Is there a second? >> There he is. Okay. Motion to reconsider. >> Okay. >> Motion to reconsider. >> Second. >> Okay. >> There's a motion and a second to reconsider. >> Call for the vote. >> The denial on items 23 and 67. The motion was made by Representative Gonales [cough] seconded by Representative Leon. This is to deny. >> Sorry about that, Josh. >> This is to deny items 23 and 67. On that motion, call for the vote. >> I'm still missing one vote. Okay, I have eight votes now in the voting session. The motion fails. Two to six. Representatives ADO Canales voting yes to deny. Representatives Chavez, Adonado Rocha, Tjo, Nino, Fiero, Lemo voting, no to deny. >> Okay. Representative Lemon. >> But I think it's >> so we're denying flock. No, >> we are denying flock because we have a motion that we approved before this. >> No, >> and it was >> No, >> maybe I need a break. >> Okay. >> To clarify, the motion was just to remove the specific mention of flock so that if we didn't agree with flock, there was flexibility to agree with somebody else >> to go with someone else >> because there might be other vendors. But the police department's intention is still my vote. >> Okay. Yeah. >> We need someone from from the prevailing side. She'd like to reconsider a vote. Is there a motion? >> This last one. >> Yes. >> Yes. Is there a second? >> Okay. All right. Miss Brian, call for the vote. There's a motion >> by Representative Nino or sorry, Represent. >> Everyone voted no to deny. She voted no to deny and that that motion passed. >> She was on the prevailing side because she voted no to deny. >> Okay. >> So, she was on the prevailing side. >> Okay. >> Yes, you can make the motion. >> Okay. Is there a second? >> Second. >> Okay. Call for the vote, Miss Frank. >> There's a motion in a second to reconsider the denial of items 23 and 67. All in favor? >> Anyone opposed? Okay, we're we're back on the motion to deny made by Representative Panales, seconded by Representative Lemon. This is to deny items 23 and 67. And council, consider your votes, please. We reconsidered multiple times already on that motion. Call for the vote. >> You should read the motion one more time. >> This is to deny items 23 and 67. If you vote no to deny, you wanted to approve or you want to continue with it. If you vote yes to deny, that means you don't want to approve the items. >> Thank you. The voting session is open. >> No is yes. Yes is no. >> I have eight votes in the voting session. >> Hang hang on. Okay, go ahead. We're good. >> Okay. And the voting session, the motion still fails. Three to five. Representatives Chavez Rocha Tjo Nino Pierro voting nay. Representatives ADO Lemore Canales voting I. The motion to deny. >> Okay, we're back on the main fails. >> Right. We're back on the main motion. Representative uh Chavez. >> Thank you, Mayor. I'd like to make a motion to approve. >> Okay. >> There's a motion and a second. Any discussion on the main motion? >> Okay. Miss Bryan, call for the vote. >> Okay. This is to approve. The motion made by mayor prom Chavez, seconded by alternate mayor prom is to approve the resolutions on items 23 and 67. This is to approve. >> If you vote yes, you want it to approve it. If you vote no, you want it to fail. >> Thank you. >> The grants submission >> submission. >> That's correct. The resolutions on items 23 and 67 to allow the submission of the grants. without the reference to flock. Voting session is open. Council >> in the voting session. Council, please. No side conversations while the meeting is in session. >> Okay. >> Represent Limon. >> Mayor, I just need to speak. So, I'm looking at two different items and I'm looking at the presentation and the flock program. We've had a lot of motions and so I I want to make sure that flock as a system is not what we're voting for. >> And if that's what we're we are voting for >> voting for the application, yes, for the grant. But but but you made a motion >> to remove the >> to remove the name and to just go with >> LP license readers. Yes. >> And it passed. >> Yes. >> Okay. So >> on the grant application, yeah. To remove Flock. >> So it's contradictory. It's still the police department's intention to use Flock as the vendor for license plate reader technology. But if they can't come to the agreement with Flock that >> removes those terms in the terms and conditions that Flock has put out, correct? Then Rep wanted to give them the flexibility to go with a different vendor. >> But it is still their intent to renew with Flock if possible. >> And that's why I was asking if staff can answer. >> Now we have a motion and a second and we're in the voting. Do we want to suspend voting? >> Are we? >> The voting session is open. Council >> and I have eight votes. And the voting session and that motion to approve passes 5 to three. Representatives Chavez, Rocha, Treco, Nino, Fier voting I. Representatives ADO Lemon Canales voting nay. The motion does pass. >> Chief, thank you guys. And I I know this isn't, you know, this is not a perfect system. We we get it. And privacy is paramount here in in our community. And I will assure you, I will assure you this that if you were a victim and you were sitting on this das or in that audience, you may look at this through through a different lens. and to to hear the story that representative Chavez said, you know, you know, really resonated me with with the the people in her district. I can also tell you that, you know, we are dancing around privacy. Most of us campaign that are sitting on this DAS, all of us did. We push Ring cameras at doors where that particular information went into the cloud. Tex has cameras along our interstate that they're being tapped to tapped into daily. If any of you in this building have had the opportunity to go to the airport, there's cameras at the airport. If you gone to the restaurants off of Airway, there's a ton of camera systems there. Tesla cars, when you walk up next to them, they have cameras that record you. Target, Walmart, I can go on and on and on. So, we are in living in a completely different world than we lived in many years ago. So it's difficult to balance privacy right now and I get it. What I what I want and what everyone on this dis wants is to make sure that we keep this community safe. That's what we want and we want to do it in a way that's respectful to the citizens of of El Paso and we know you guys are doing that. So, we appreciate everything that you're doing to to keep us safe and um we know this was a very lively discussion and it and it takes a discussion like this sometimes to get to the to the answer and I appreciate council uh you know it's been late in the day. We've been here for for many many hours but they've asked good questions. They want to know and and that's how you have good governance on any item. Representative Lemon. >> Mayor, thank you very much and you made an excellent point. I think that if any of us were a victim and the flock camera came to our rescue, of course, we would be in support of it. >> But the flip side, if I was a victim of a flock camera for immigration issues or for other issues, then that'd be a totally different story. And that's where I am conflicted. I can see the readers. I can see that potentially, but we can now see specifically in writing that Flock has a different perspective. And so that is my that's where I'm conflicted. Thank you. >> And chief and chief, I think it's important, you know, because you you've heard the concerns of council and you've heard the guard rails they that they want around this system. If we start veering outside of that, I think it's important that you come back through the the proper channels to say, "Hey, you know, we need to tweak this and we can we can all agree to to make sure it's safe for the citizens of of El Paso." >> Understood. And agree with that. And also, I want to assure council that every single police officer on this department takes an oath of office to support and defend the Constitution of the United States and the state of uh Texas out there. And one of those uh provisions in the constitution is the fourth amendment. And we take that very seriously. We do not uh uh violate the people's right to privacy. If we have to, we go to judges to get the warrants and everything else on that. We will not uh violate anybody's privacy. >> Thank you. And thank you guys for what you're doing. >> Thank you. >> All right, Miss Prian, let's take item 65. >> Yes, sir. Item 65 is discussion and action on the request that the director of purchasing and strategic sourcing be authorized to issue purchase orders for solicitation 2026-0271 parvo virus vaccine to Alano animal health the soul source and authorized distributor of the K9 parvo virus monoclo antibbody vaccine for a term of three years and an estimated amount of $396,000. All right. Is there a second? >> All right. Representative Chavez. >> Oh, no. Okay. There's a motion in the second. Any discussion on item number 65. >> I didn't hear who made the motion. Representative Canales >> and seconded by Representative Lemon. >> Lemon. Thank you. >> All right. Seeing no discussion, call for the vote on 65, please. >> Yes, mayor. On that motion to approve. Call for the vote in the voting session and the motion passes unanimously. Representative Boyard Trejo not present. >> Okay, let's take item number 66, please. Item 66 is discussion and action on a resolution authorizing the city manager to execute a first amendment to that certain chapter 380 economic development program agreement executed on March 26, 2024 by and between the city of El Paso and the Eaton Corporation and Ohio Corporation to revise the grant amount minimum appraisal value and property tax rebate amount to reflect the updated 2025 tax year valuation. Representative Chavez, >> would you like to make a motion? >> I'd like to make a motion to approve. >> Okay, second. >> Okay, Karina, you're up. You have a presentation for us. >> Presentation. You got it. Karina Prescala, Economic and International Development. Uh, luckily, it's a very brief one. In some ways, this is just an adjustment of the uh rebate cap. So, we're staying in the spirit of the originally approved agreement. Uh, the same term, the same 80% uh participation from the city on those rebates. This is a reflection of the adjusted appraised value which came in much much higher than anticipated which is also good news for the city because we collect 20% of that increased value. As a reminder for everybody here and watching these are our new uh strategic initiatives the economic mobility pillar and so sticking with that idea of increasing our commercial tax base supporting the creation and retention of quality jobs and really focusing on uh opportunity within El Paso and Eaten Corp has been a wonderful partner in that. This is the requirement of our strategic chapter 380 program. So quality jobs, a minimum number of hours, pay at or above median county wage, and the employer must cover at least 50% of insurance costs. Eaton Corp. This uh agreement and their previous are within a target industry of advanced manufacturing. And this particular amendment is in a reflection of their original agreement which is a 30 million uh at least a $30 million investment and a support for this local supply chain. We've had two successful agreements so far. So project Cavalere which is a 2018 agreement uh of their original investment in this community 15.7 million and 300 jobs. an expansion in 2023 uh where they acquired the former Helen of Troy facility, did a $70 million investment in the land, building, machinery, and equipment, an additional 575 new full-time jobs. The amendment before you today is for that 2023 agreement. Uh again, it is a reflection of the fact that when the 2024 tax year uh came in in early 2025, um those the appraised value for the land, which we had previously estimated at $13 million, was $50 million. And so the proportional tax rate, the tax collections on that um need to be revised also upward to match that. After contestation, they landed at $39 million, but still substantial increase. Here is just a little bit of a comparison between the original 380 and the proposed amendment. So, updating that estimated assessed value, the base assessed value from 13 million to 39 million. And then these are all just proportional and projected out uh again reflecting the 80% rebate of real personal real property for the site. So the property tax rebate cap would go from about 2 million to 4.6. Uh the permit fee rebate, construction material sales tax and skills training grant would all remain the same because they are not tied to that property value. So that is an increase of the overall incentive in numerically from 3.39 to 5.96. Uh the percentage the proportion relative to the investment remains the same as the original agreement. And this is a comparison with those new values. Again, there is new uh monetary value to the city. So, the city over the incentive term will collect an additional $677,000. Um overall, there will be about 2.86 million in revenue to the city from this site. And all taxing entities will receive an increase of about 4 million bringing the total benefit to other taxing entities during that incentive term to just under $10 million. So, the action we're requesting today, and we already have that motion. Thank you very much, ma'am. Uh, approval of the chapter 380 agreement amendment with Eden Corporation as it's consistent with the spirit of the original chapter 380 agreement supports the expansion of an advanced manufacturing employer in the region and provides a net benefit to the city. Any questions? >> Representative Chavez. >> Thank you, Mayor. Thank you, Karina, for sticking it out with us till the end of the day. I appreciate the work that you've put into this. um change. So, I want to talk a little bit out about Eden. I know that it's late in the day, but council, if you'll allow me just a few moments to speak. Eden is a power management company that manufactures electrical components, aerospace systems, hydraulic products, and automotive truck powertrain components. They serve global markets including sectors like energy transition, healthcare, and transportation. I um have had the privilege of visiting their plant here in District 1 alongside Adriana and Israel and a few others from your team, Karina. And I learned during that visit that they made the decision to invest deliberately in El Paso in 2018, opening their doors in 2019. And at that time, their goal was to hire about 300 employees. Today they've grown to approximately 1,400 to 1500 employees almost entirely local talent. That kind of growth I think really matters for our city. Their wages started back in 2018 at about $11 an hour and today uh they're averaging about $17 an hour and that is a meaningful investment not just for jobs but for people and families here in El Paso. I also had the opportunity alongside your team, Karina, to visit their manufacturing plants across our border in our sister city of Su Huarees. They have five manufacturing plants there. One of those manufacturing plants um starts production and then distributes to our manufacturing plant here in El Paso about 13 truckloads a day. They cross over every single day to finish uh manufacturing here in El Paso. they have capacity and they're thinking of expanding those truckloads up to 20. Um so there is uh dozens of trucks moving products across the border every single day and that activity directly supports jobs, logistics and economic uh movement in our region. And you know I think we can all agree mayor and council that a strong border economy uh is is what we want. And this type of company shows us collaboration, coordination, and a shared growth with uh Huarees. I also think from my conversations with Eden, Karina, and maybe you've had the same ones with them, that they continue to want to expand in El Paso and and they are looking to continue to hire more people in El Paso, and they've made it very clear to me at least that they're very happy with our local talent. They're very happy with our corporate partnership. and I, you know, and I'm just grateful for them, um, in all that they're doing for our community, especially in District 1. So, um, today I just want to tell council how important it is for us to have these relationships with these types of corporations. Um, it and it is very, uh, you know, heartwarming to know that they are here because they believe in our city, in our local talent, and are trying to support our local economy in big, big ways. So, I'm very proud to have them in district 1. Thank you, Karina, for this. and I know that I've spoken to them about this agenda item today and they're very excited that we're moving forward with it and I hope to have council support on it. I appreciate it. >> Thank you. Represent Lemon. >> Thank you, Mayor Karina. Will at least 60% of the workforce have living wages. >> So, these are required to have our contractual limit. So, it's the uh county median wage. As uh Representative Chavez mentioned, their average wages and their position to position tend to be much higher, but we are only required for the sake of our policy. Those jobs that we are counting, so again, um as she mentioned, they have 14,000 employees. We are only incentivizing 875 of those jobs. So, they must meet our policy minimum, which is that uh median county wage. >> All right. So, 875 employees. But I guess are they the workforce or are these managers? >> Those would be jobs that have to meet our minimum thresholds. There are our definition for quality jobs per policy. >> Okay. Again, are they managerial or are they hands-on workforce? >> It's going to be both. Uh it'll be a mix, but what they what the company reports to the city in terms of compliance is that the these jobs are doing full-time work. So at least 35 hours per week uh being paid at least median county wage uh of the year in which the payroll report is run and that the employer participates in at least uh 50% of their insurance healthcare and insurance programs. >> I'm going to be asking that same question over and over and over again. So if you could dive into that piece because that's more important than saying uh you know than saying what you just said. Um, 35 hours is full-time. I thought it was 40 hours. >> The Texas Workforce Commission and most uh federal standards consider 35 hours to be full-time employment. >> Does the city recognize 35 hours as a full-time work, John? Someone Robert or anyone Dion does is it 35 hours or 40 hours? >> For the purposes of our adopted incentive policy, >> it's 35 hours. >> And And the reason I I'm sorry. Go ahead. >> For us, it's 40. And we did bring this back maybe 2021, 2022, and I believe it was the hospitals. We were struggling with some of their hours in a way that they were allocating them. And so, we we did an amendment. I think we did an amendment at the time to um consider and realign to the state. It was a couple of agreements that we looked at. It's been in place for a couple years, ma'am. >> So, 3540. >> I'm sorry. Yeah. 3540 because I know we do 40 >> for city staff it's 40 um for our contracts in terms of our economic development agreement we've defined it as 35 in alignment with the state. >> Okay. Um my concern is that if 60% at least 60% of the workforce is not in a managerial status and they're working on an hourly basis and they're only working 35 hours. Technically, they're not working a full a full 40 hours. Um, is there an incentive for the workers to move up the ladder? Workforce, not managerial workforce. >> Correct. And I will say because of Eden Corporation's particular operations, a lot of these jobs, even what you would define as kind of managerial, it is primarily a floor operation. It is manufacturing and component assembly. Um, so a lot of these and both Eaton, uh, Schneider, a few other companies that do similar types of work really pride themselves on their ability to train staff in house, raise them up into higher positions, train them, bring them into higher level managerial positions. That is part of why on the incentive package, you will see that skills training grant. So the city is providing an additional $1.2 million. Um, and that is a per employee allocation to assist with those training needs to really make sure that they are investing in their workforce. So there is that opportunity which is really really good. >> Absolutely. >> Um and then uh is Eaton a company that relies on the business of supplying data centers? >> I am sure those are one of those customers. I cannot speak on behalf of the company in terms of who they're specifically supplying but they have many there are many many things including chips in your phone, cars, automotive uses um that use their products. >> Okay. I I would really like to know an answer to that. If this is a company that's relying that's coming into the city and we're offering these incentives and their business is of supplying data centers, I I am concerned with that. Thank you, mayor. >> You got it. >> Okay. Any further discussion on this particular item? >> Miss Pry, call for the vote, please. >> Yes, sir. The motion was made by mayor prom chavez, seconded by representative aso to approve the resolution on item 66. On that motion, call for the vote and the voting session and the motion passes 7 to1. Representative Lemon voting nay. The remainder of council voting I. The motion carries. >> All right. Before we adjourn, I just want to thank staff for sticking in it in there with us today. the city attorney, city manager, and I definitely want to thank the public that is here in attendance that has been here since this morning, as well as the media and everyone here. And I definitely want to thank our city council for a very civil uh discussion today and we got to where we needed to get to, but it was a very good day. But Miss Prime, maybe someone wants to make a motion to adjurnn. >> Second, >> mayor, very very quick point of order first. Sure. If I can without objection request that an abstract of my comments on items 23, 64,67 bundled and 62 be added to the minutes. >> Did 63, 64, and 67 be added? >> 23 and 64 and 67 together and also 62. >> No objection. We got it. >> Yes, sir. My office will include it. There's a motion in a second to adjourn the city council meeting. All in favor? >> I. >> Anyone opposed? The regular city council meeting for Tuesday, April 28th, 2026 is adjourned at 6:21 p.m.