>>COUN. BASSAN: GOOD EVENING, EVERYONE. TODAY IS NOVEMBER 17, 2025, 42nd MOOTING OF THE 26th COUNCIL. ALL COUNCILORS WILL BE PRESENT. WE'LL BEGIN WITH THE MOMENT OF SILENCE FOLLOWED BY THE PLEDGE OF ALLEGIANCE IN ENGLISH AND SPANISH. [ INAUDIBLE ]. >>COUN. BASSAN: CIVIC PLAZA PARKING PASSES ARE PROVIDED FOR MEMBERS OFT PUBLIC, YOU CAN OBTAIN ONE FROM COUNCIL STAFF NEAR THE CHAMBER'S ENT RBS. -- GOVTV ON COMCAST CHANNEL 16. THE GOVTV WEBSITE, YOU TUBE AND ZOOM WEBINAR. THE LIVE STREAMS CAN BE ACCESSED FROM MOST SMART PHONES, TABLETS OR COMPUTERS. THIS MEETING IS CLOSED CAPTIONED. YOU MAY ENABLE THE DEVICES AT THIS TIME. THE VIDEO RECORDING OF THIS WILL MAIN VIEWABLE ON THE CITY COUNCIL WEBSITE. COUNCIL STAFF IS AVAILABLE VIA TELEPHONE IF MEMBERS OF THE PUBLIC NEED ASSISTANCE. CALL 505-768-3100 FOR ASSISTANCE DURING BUSINESS HOURS 8:00 A.M. TO 5 P.M. THE COUNCIL WILL TAKE A BREAK AT 7:00 P.M. IF NEEDED. DO NOT MAKE ANY PERSONAL ATTACKS OR APPLAUSE OR OUTBURSTS DURING THE MEETING. I'LL PROVIDE ONE WARNING TO ANYONE CAUSING DISRUPTION. UPON THE SECOND OR CONTINUED DISRUPTION THAT UP INDIVIDUAL WILL BE ASKED TO LEAVE THE CHAMBER AND SECURITY WILL BE ASKED TO ESCOURT THE PERSON OUT OF THE CHAMBERS. SUCH REMOVAL WILL BE EFFECTIVE FOR THE REMAINDER OF THE MEETING. IT CONTINUED DISRUPTIONS MAY OCCUR, I MAY RECESS UNTIL ORDER IS RESTORED. THE MEETING WILL GO SMOOTHER IF WE'RE RESPECTFUL OF ONE ANOTHER. WE'LL START TONIGHT WITH PROCLAMATIONS PRESENTATIONS. OUR FIRST PRESENTATION IS FROM THE CITY ECONOMIST TO PROVIDE AN UPDATE ON THE GROSS RECEIPTS TAX. >> GOOD EVENING, MADAM PRESIDENT MEMBERS. HOW ARE YOU? THANK YOU SO MUCH. ALL RIGHT. FOR AUGUST, TOTAL BUSINESS SECTOR GROWTH WAS 4.1%. IF YOU WERE LOOK AT THE BOTTOM LEFT COLUMN YOU CAN SEE THAT. THAT'S ALL BUSINESS SECTORS. WHEN YOU DON'T COUNT THE HOLD HARMLESS IMPACT. HOWEVER, FOR THE MONTH BASED ON THE 1.225 SHARED INCREMENT GROWTH IS FLAT. THAT'S LARGELY DUE TO HOLD HARMLESS WE HAD LAST YEAR IN AUGUST. THAT MAKES OUR GROWTH FLAT THIS TIME. YOU CAN SEE THAT BY LOOKING AT THE FAR LEFT COLUMN. THE WHOLE FOOD IS DOWN 33% COMPARED TO THIS TIME LAST YEAR. THAT DOES BRING OUR CUMULATIVE GROWTH 6.8% FOR THE YEAR. EXPECTED GROWTH FOR FY26 IS 3.8% OVER THE FY25 ESTIMATED ACTUAL. THAT DOES MEAN THERE'S STILL A LITTLE BIT OF CUSHION IN THERE FOR EXPECTED GROWTH. LET'S SEE, CONSTRUCTION WAS THE ONLY MAJOR SECTOR THAT SAW DECLINE IN AUGUST. HOWEVER, RETAIL AND OTHERS SERVICES DID QUITE WELL. THAT'S NICE TO SEE FOR A CHANGE. 9.4% AND 7.6% RESPECTIVELY. WE CAN GO TO CANNABIS. NEXT SLIDE. IT'S A DIFFERENT STORY. IT ACTUALLY DID WELL THIS MONTH. 15% GROWTH. IT'S TOO EARLY, I'M NOT SURE IF THAT'S BECAUSE OF TAX DEPARTMENT EFFORT AT COMPLIANCE, BUT HOPEFULLY, WE'LL SEE THAT CONTINUE. THAT BRINGS CUMULATIVE GROWTH AT 0.7%. PERHAPS THAT WILL TURN AROUND THIS YEAR. AND FINALLY, SEPTEMBER REVENUE IS EXPECTED REALLY ANY DAY. I KEPT CHECKING. TECHNICALLY TODAY. NOTHING SO FAR. I SHOULD BE SENDING THAT REPORT OUT, I WOULD IMAGINE, THIS WEEK OTHERWISE THE FOLLOWING WEEK. THAT'S REALLY ALL I HAVE FOR YOU. >>COUN. BASSAN: COUNCILORS, ANY QUESTIONS OR COMMENTS? THANK YOU VERY MUCH FOR THE UPDATE. ALL RIGHT. MOVING TO THE JOURNAL. I MOVE APPROVAL OF THE NOVEMBER 5th JOURNAL. SECOND BY COUNCILOR GROUT. [ ROLL CALL ]. -- FIRST OF ALL. IS COUNCILOR PEÑA ON ZOOM? ALL THOSE IN FAVOR OF APPROVING THE NOVEMBER 5th JOURNAL RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES ON AN 8-0 VOTE. COMMUNICATIONS AND INTRODUCTIONS. I MOVE THE RULES BE SUSPENDED FOR PLACING EC536 ON TONIGHT'S AGENDA FOR ACTION. IT'S THE 2026 ADMINISTRATION FEDERAL PRIORITIES. SECOND BY COUNCILOR FIEBELKORN. ALL THOSE IN FAVOR OF REMOVING EC536 FROM THE LETTER OF INTRODUCTION RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES ON AN 8-0 VOTE. I MOVE THE RULES BE SUSPENDED FOR PLACING OC54 ON TONIGHT'S AGENDA. IT'S THE ALBUQUERQUE CITY COUNCIL LEGISLATIVE PROGRAM FOR THE NEW MEXICO CONGRESSIONAL DELEGATION FOR THE SECOND SESSION OF THE 119th UNITED STATES CONGRESS. SECOND BY COUNCILOR FIEBELKORN. ALL THOSE FEIGN IVER RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES ON AN 8-0 VOTE. I ALSO MOVE THE RULES BE SUSPENDED FOR PLACING R-207 ON TONIGHT'S AGENDA. IT'S CONCERNING THE MUNICIPAL RUNOFF ELECTION TO BE HELD ON TOOUDZ -- TUESDAY 9th DAY OF DECEMBER 2025. SECOND BY COUNCILOR GROUT. ALL THOSE IN FAVOR? THAT PASSES ON AN 8-0 VOTE. >>COUN. GROUT: MADAM PRESIDENT, I MOVE THE RULES BE SUSPENDED FOR PLACING R-206 ON TONIGHT'S AGENDA FOR ACTION. R-206 IS APPROPRIATING FUNDS TO THE CAPITAL IMPROVEMENT PROGRAM FOR THE 2025 GENERAL OBLIGATION BOND. >>COUN. BASSAN: MOTION, AND SECOND BY COUNCILOR FIEBELKORN. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES. >>COUN. BACA: MADAM PRESIDENT, I MOVE THE RULES BE SUSPENDED FOR PLACING P-8 FOR ACTION. ADOPTING THE PROPOSITION BE SENT TO THE VOTERS AT THE 2026 GENERAL ELECTION PROPOSING REPEAL OF THE -- REGARDING THE PUBLIC VOTE ON THE PERFORMING ARTS CENTER. >>COUN. BASSAN: MOTION AND SECOND BY COUNCILOR ROGERS. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES ON AN 8-0 VOTE. >>COUN. BACA: I MOVE THE RULES BE SUSPENDED FOR PLACING R-208 FOR ACTION. ADOPTING PROPOSITION BE SUBMITTED TO VOTERS AT THE NEXT ELECTION ME HELD IN THE CITY OF ALBUQUERQUE CONCERNING AMENDMENT TO ARTICLE 11 SECTION 7 OF THE ALBUQUERQUE CITY CHARTER PROVIDING THE FORM OF DESIGNATION CLAUSE FOR SUCH QUESTION ON THE BALLOT. >>COUN. BASSAN: SECOND BY COUNCILOR GROUT. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES ON AN 8-0 VOTE. >>COUN. BACA: THANK YOU, MADAM PRESIDENT. I MOVE THE RULES BE SUSPENDED FOR PLACING R-210 FOR ACTION. IT'S REQUIRING COUNCIL APPROVAL FOR THE DISPOSITION OF CITY OWNED PROPERTY IN THE CENTRUM COMMUNITY PLANNING AREA. >>COUN. BASSAN: MOTION AND SECOND BY COUNCILOR GROUT. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES 8-0. ANY OTHER CHANGES TO THE LETTER OF INTRODUCTION? SEEING NONE. I MOVE APPROVAL OF THE LETTER OF INTRODUCTION. THERE'S A MOTION AND A SECOND BY COUNCILOR CHAMPINE. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES ON AN 8-0 VOTE. MOVE TO REPORTS OF COMMITTEE. >>COUN. CHAMPINE: FINANCE AND GOVERNMENT OPERATIONS MEET MET AND REPORTING THE FOLLOWING. EC521, 23, 24 APPROVED. EC-525 RECEIPT ME NOTED. R-197, 198, 199 DO PASS. O-67 BE WITHOUT RECOMMENDATION AS SUBSTITUTE IN THE MATTER OF, C-522. EC-5118 FAILED. I MAKE A MOTION TO ACCEPT THE COMMITTEE REPORT. >>COUN. BASSAN: THERE'S SECOND BY COUNCILOR BACA OR GROUT. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES ON AN 8-0 VOTE. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: MADAM PRESIDENT THE LAND USE PLANNING AND ZONING COMMITTEE MET ON WEDNESDAY NOVEMBER 12th AND REPORTS THE FOLLOWING. EC-520 RECEIPT BE NOTED. R-204 DO PASS AS AMENDED. I MAKE A MOTION TO ACCEPT THE COMMITTEE REPORT. >>COUN. BASSAN: MOTION AND SECOND BY COUNCILOR GROUT. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. THAT PASSES ON AN 8-0 VOTE. COUNCILORS, ANY DEFERRALS OR WITHDRAWALS? COUNCILOR LEWIS. >>COUN. LEWIS: MADAM PRESIDENT, I LIKE TO MAKE A MOTION TO DEFER R-183. BEFORE WE VOTE ON THAT, I'D LIKE TO HEAR AN UPDATE FROM THE ADMINISTRATION. >>COUN. BASSAN: IN THE MATTER OF R-183. >>COUN. LEWIS: I MOVE TWO-WEEK DEFERRAL. >>COUN. BASSAN: THERE'S A MOTION FOR TWO-WEEK DEFERRAL AND SECOND BY COUNCILOR CHAMPINE. R-183 IS THAT THE PARKS BILL? >> COUNCILOR LEWIS, OUR DIRECTOR IS NOT IN THE ROOM. I CAN GIVE AN UPDATE. THEY HAVE BEEN STAFFING UP AND BUYING SOD TO PREPARE FOR WHAT'S COMING AFTER THE WINTER. WE'RE DOING EVERYTHING WE CAN TO TO PREPARE ALL THOSE THINGS. >>COUN. BASSAN: COUNCILOR LEWIS. >>COUN. LEWIS: MADAM PRESIDENT, JUST ONE STATEMENT ABOUT IT. I WANT TO MAKE SURE THAT THE CONDITION OF OUR PARKS ARE WHERE THEY SHOULD BE RIGHT NOW AT THIS TIME OF YEAR. WERE THEY WERE LAST YEAR AT THIS TIME OF YEAR. AS OF THE SUMMER, THEY WERE NOT WHERE THEY NEEDED TO BE. THEY WERE FAR FROM IT. AND SO I KNOW THE DEPARTMENT TALKED AT THE LAST MEETING ABOUT WHAT THEY WERE DOING. IT SOUNDS LIKE WE WERE ABLE TO ADD ADDITIONAL CONTRACTORS AND GET SOME RESOURCES ON ALL OF OUR PARKS. AND WHAT I WANT TO HEAR IN TWO WEEKS IS THE PROGRESS THAT WE'VE MADE AND I BELIEVE IF WE CANNOT -- IF THE ADMINISTRATION CAN'T SAY THESE PARKS ARE WHERE THEY NEED TO BE AT THIS TIME OF YEAR, I BELIEVE THERE'S SUPPORT ON THIS COUNCIL TO PASS THIS BILL AND ALLOCATE THESE DOLLARS SO WE PRIORITIZE. WE DON'T REALLY HAVE A FUNDING OR FINANCIAL CRISIS AS FAR AS A BUDGET IN THIS CITY. WE JUST HAVE A PRIORITY CRISIS. BECAUSE WE HAVE MORE MONEY THAN EVER BEFORE. AND WE HAVE AN ADMINISTRATION THAT SPENDS ALL OF IT AND SO WHEN THERE'S A CRISIS THAT'S A CRISIS OF PRIORITY. IT'S A CRISIS OF NOT FOCUSING THE ATTENTION WHEN COMES TO OUR PARKS IT'S AN ESSENTIAL SERVICE LIKE ROAD WAYS AND PARKS AND TRASH PICK UP AND ENSURING WE'RE GIVING THE TAXPAYERS THE BEST RETURN ON THEIR DOLLAR. SO, IF THIS -- REALLY, AGAIN, I PUT THAT ON THE ADMINISTRATION. AND SAYING I, YOU KNOW, IF WE HAVE THE RESOURCES WE HAVE RIGHT NOW TO GET OUR PARKS WHERE THEY SHOULD BE, GREAT. IF THEY DON'T, I WANT TO BE ABLE TO PRIORITIZE SOME RESOURCES THAT WILL REALLY HELP US TO BE ABLE TO GET THERE. THANK YOU, MADAM PRESIDENT. >>COUN. BASSAN: THE MOTION IS FOR TWO-WEEK DEFERRAL OF R-183. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES ON AN 8-0 VOTE. ANY OTHER DEFERRALS OR WITHDRAWALS AT THIS TIME? SEEING NONE. WE'RE GOING TO MOVE TO THE CONSENT AGENDA. ANY CHANGES TO THE CONSENT AGENDA. COUNCILOR CHAMPINE. >>COUN. CHAMPINE: MADAM PRESIDENT, I WOULD LIKE TO MAKE A MOTION TO REMOVE EC-485, EC-496, AND O-47. >>COUN. BASSAN: THEY'RE REMOVED FROM THE CONSENT AGENDA. COUNCILOR LEWIS. >>COUN. LEWIS: MADAM PRESIDENT, I WAS GOING TO MOVE O-47, COUNCILOR CHAMPINE ALREADY DID THAT. BUT I'LL ALSO REMOVE OC-25-48. >>COUN. BASSAN: ALL RIGHT. AND WE'RE GOING TO ALSO REMOVE OC-48. ANY OTHER REMOVALS FROM THE CONSENT AGENDA? FOR THOSE INDIVIDUALS ON TONIGHT'S CONSENT AGENDA BEING APPOINTED TO SERVE ON A BOARD OR COMMISSION THANK YOU FOR YOUR WILLINGNESS TO SERVE. I MOVE APPROVAL OF THE COSENT AGENDA. ALL THOSE IN FAVOR, RAISE YOUR HAND AND SAY YES. THAT PASSES ON AN 8-0 VOTE. MOVING BACK TO EC-485. COUNCILOR CHAMPINE. . >>COUN. CHAMPINE: I NEED A COUPLE QUESTIONS. I JUST NEED A COUPLE ANSWERS BEFORE WE GET APPROVAL OF THIS. FGO TALKED ABOUT IN THE BREAKDOWN OF THIS IF THERE'S ANY STAFF THAT WAS GOING TO BE ALLOCATED FOR IT. HOW MANY STAFF MEMBERS. AND ALSO ANY REOCCURRING AMOUNTS. THERE SEEMS TO BE CONFUSION WITHIN THE ADMINISTRATION SAYING THERE WASN'T ANY REOCCURRING AMOUNTS. OR STAFF MEMBERS. AND IT WAS CORRECTED BASED ON A QUESTION THAT I ASKED THEM. I WANTED TO MAKE SURE THAT WE CLARIFY THAT THIS IS THE CORRECT RESPONSE. THERE ARE GOING TO BE STAFF MEMBERS WITH AN ANNUAL -- WITH A BUDGET OF $783,000, I BELIEVE, AND THERE'S A RECURRING COST OF $150,000. >>COUN. BASSAN: MR. WHELAN, MADAM CAO? >> MADAM PRESIDENT, COUNCILOR CHAMPINE, DIRECTOR LEECH IS PREPARED TO TALK THROUGH THIS. >>COUN. CHAMPINE: MADAM PRESIDENT. THANK YOU, DIRECTOR. THERE'S CONFUSION AT FGO. WE DID DISCUSS IT A LITTLE BIT. I WANT TO MAKE SURE WE'RE CLARIFIED. FROM YES, BUT READ, THERE ARE FOUR TO FIVE PERSONNEL GOING TO BE HIRED FOR THIS POSITION. IS THAT ANNUAL REOCCURRING COST GOING TO BE THE ANNUAL BUDGET OF $783,000? I BELIEVE $150,000 FOR SUBSCRIPTIONS OR SOMETHING. >> MADAM PRESIDENT, YES, THAT'S CORRECT. IT'S GOING TO BE A TOTAL OF FOUR POSITIONS. IT'S $794,000 RECURRING. AND WE'VE IDENTIFIED POTENTIAL ISSUES THAT'S GOING TO BE A TOTAL OF $1.5 MILLION. >>COUN. CHAMPINE: $1.5 MILLION? >>-- $784,000. >>COUN. CHAMPINE: THE REOCCURRING IS $786,000? >> YES. >>COUN. CHAMPINE: WHAT IS THE BIT I READ ABOUT THE SUBSCRIPTION COSTS? >> MADAM PRESIDENT, COUNCILOR CHAMPINE, THERE ARE SUBSCRIPTION COSTS OF MAINTENANCE. WE WANT TO GET A ROUGH ESTIMATE OF THOSE. >>COUN. CHAMPINE: MADAM PRESIDENT, IS THAT INCLUDED IN THE 783? OR IS THAT JUST PAYROLL FOR THOSE FOUR POSITIONS? >> IT'S INCLUDED IN THE 783. >>COUN. CHAMPINE: MADAM PRESIDENT, THAT WAS ALL THE QUESTIONS I HAD. THANK YOU, DIRECTOR. >>COUN. BASSAN: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MADAM PRESIDENT. THANK YOU FOR BEING HERE, DIRECTOR LEECH. FIRST OF ALL I WANT TO SAY THANK YOU TO ALL THE FOLKS THAT WORKED ON THIS. THIS IS A BIG UNDERTAKING. I FOUND THE REPORT VERY HELPFUL. I DO LIKE A COUPLE QUESTIONS. AND A COUPLE AREAS OF CONCERNS. I WANT TO TALK A LITTLE BIT ABOUT THE WORKING GROUP NUMBERS. I SEE THAT IN THE REPORT YOU INCLUDED INVITED WORKING GROUP MEMBERS. WE HAD A PRETTY SPECIFIC REQUIREMENT WITHIN THE LEGISLATION THAT DIRECTED THIS WORK THAT THERE WOULD BE REPRESENTATION. SO, I'M JUST WONDERING IF YOU CAN PROVIDE A BREAKDOWN OF ACTUAL REPRESENTATION AT EACH OF THE MEETINGS. MY CONCERN IS WE DID NOT SEE INPUT FROM ALL OF THE GROUPS AND INDIVIDUALS THAT WERE IDENTIFIED IN THE ENABLING LEGISLATION. MAYBE YOU CAN TELL ME IF YOU FEEL LIKE THAT WAS REALLY HARD TO GET, DID WE ATTEMPT AND HOW CLOSE DID WE GET? >> MADAM PRESIDENT, THAT IS THE CASE. THERE ARE AROUND 31 GROUPS THAT WERE INVITED. WE DID ISSUE INVITES TO ALL OF THE GROUPS. SOME PEOPLE ATTENDED SOME OF THE MEETINGS, SOME OTHER PEOPLE AS THEIR AVAILABILITY. IF THEY COULD ATTEND THEY ATTENDED. GOOD EXAMPLE IS OUR ACADEMIC FRIENDS. I KNOW THEY FIND IT TOUGH TO ATTEND BECAUSE THE SITUATION WE'RE IN. I THINK THEY HAD A GOOD REPRESENTATION DURING THE WHOLE COURSE OF MEETINGS. WE DID KEEP ROLL CALL. WE DO KNOW WHO IS THERE AND WHO WASN'T. JUST TO MAKE SURE WE HAVE A FULL REPRESENTATION. AT THE END -- IT'S DROPPED WHEN THE COMMITTEE FELT THEY WERE READY, WE DID HAVE A PUBLIC HEARING. WE INVITED EVERYBODY. ANYBODY WITH COMMENTS, TO THE PUBLIC HEARING. WE DID HAVE SOME CONTRIBUTORS THERE. I FEEL VERY CONFIDENT WE'VE HAD A GOOD RANGE. IT WAS DIFFICULT TO GET PARTICIPATION. BUT WHERE WE HAD PARTICIPATION IT WAS VERY WELL GIVEN. AND IT WAS A GOOD GROUP. >>COUN. FIEBELKORN: THANK YOU, MADAM PRESIDENT. I KNOW PEOPLE REACHED OUT TO MY OFFICE BECAUSE THEY KNEW I WAS ONE OF THE CO-SPONSORS WANTING TO PARTICIPATE. I SENT THOSE ALL TO YOU, DIRECTOR. WERE ALL OF THOSE PEOPLE INVITED TO PARTICIPATE? >> TO MY -- MADAM PRESIDENT, COUNCILOR, YES THEY WERE. >>COUN. FIEBELKORN: GREAT. IF I CAN GET A COPY OF THE ROLL FOR EACH OF THE MEETINGS, I WOULD LIKE TO BE ABLE TO SEE WHO ACTUALLY WAS AT EACH MEETING. THAT WOULD BE REALLY HELPFUL TO ME. AGAIN, VERY IMPRESSED YOU GOT AS MANY AS YOU COULD. MADAM PRESIDENT, ONE LAST QUESTION. IN THE ORIGINAL LEGISLATION, IT SPECIFICALLY ASKED IF -- FOR THE WORKING GROUP TO PONDER WHETHER THIS SHOULD BE AN ORDINANCE OR AN ADMINISTRATIVE INSTRUCTION. THE ACTUAL POLICY ITSELF. AND I KNOW IT CAME BACK AS AN EC WHICH IS NEITHER OF THOSE THINGS. IS THAT SOMETHING THAT WAS DISCUSSED WITHIN THE WORKING GROUP AND WHY DID IT NOT COME BACK AS EITHER AN ORDINANCE OR ADMINISTRATIVE INSTRUCTION? >> MADAM PRESIDENT, COUNCILOR, IT WAS NOT A REQUIREMENT FOR THE RESOLUTION IN THE WORDING WE SAW. THAT SAID, WE DID PONDER THE BEST WAY TO PROCEED WITH THIS. WHERE WE GOT TO WITH WHERE WITH THE GROUP IS ARTIFICIAL INTELLIGENCE IS A FAST-MOVING FIELD RIGHT NOW. TO THE POINT THERE'S TERMS COMING TO THE END OF POLICY WHICH IS NOT ON ANYBODY'S RADAR. NOW EVERYONE KNOWS A.I. AND THAT'S A BIG TOPIC. THE GROUP FELT STRONGLY THAT ORDINANCE ITSELF WASN'T GOING TO BE ABLE TO KEEP UP WITH THE TECHNOLOGY CHANGES AT LEAST FOR A COUPLE YEARS. THAT SAID, WE DO HAVE DISPOSAL OF POLICIES. WE ARE ABLE TO PUT TOGETHER POLICY FOR THE CITY. MY RECOMMENDATION WOULD BE THAT WOULD BE THE BEST WAY TO GO. ALSO NOTICE IN THE RECOMMENDATIONS WE DID ASK FOR AN EMERGING TECHNOLOGIES BOARD. WE FEEL THAT WOULD BE A GREAT OPPORTUNITY TO GET PUBLIC INPUT AND COMMENT TO MAKE SURE WE ARE ABREAST OF WHERE THE PUBLIC SENTIMENT IS. >>COUN. FIEBELKORN: THANK YOU, MADAM PRESIDENT. I AGREE THAT THE EMERGING TECHNOLOGIES BOARD IS A REALLY EXCITING IDEA. I VERY MUCH APPRECIATE THAT. I THINK THAT WOULD TAKE ORDINANCE THOUGH. JUST POINTING OUT. I DON'T WANT TO BELABOR THIS. IT'S A SHORT BILL AND IT SAID DEVELOP AN AI POLICY STATEMENT FOR THE CITY OF ALBUQUERQUE THAT INCLUDES THE STATUS OF THE POLICY OR ORDINANCE OR INSTRUCTION AND PRIORITIZE MATRIX IDENTIFYING POSSIBLE USES OF AI. THAT WAS IN THERE. JUST SOMETHING THAT WE WILL BE THINKING THROUGH AND BRINGING BACK. BUT, AGAIN, APPRECIATE ALL THE WORK. AND THE CONTENTS OF THE REPORT ARE EXCELLENT. THANK YOU. >>COUN. BASSAN: ANY OTHER QUESTIONS FOR EC-485? COUNCILOR CHAMPINE. >>COUN. CHAMPINE: I'LL MAKE A MOTION TO APPROVE EC-25-485. >>COUN. BASSAN: MOTION, SECOND BY COUNCILOR GROUT. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES ON AN 8-0 VOTE. COUNCILOR CHAMPINE, EC-496. >>COUN. CHAMPINE: MADAM PRESIDENT, THROUGH MY READING, I JUST HAD ONE QUESTION FOR THE ADMINISTRATION. IN THE NOTES OF IT, IT SAID THAT THE ABQ RIDE -- IN THE NEW POLICY, THE ABQ RIDE POLICY, THE NEW BUS NETWORK NOTES THERE WILL BE A GRADUAL FLEET INVENTORY DECREASE. ARE WE GETTING RID OF BUSES? >> MADAM PRESIDENT, COUNCILOR CHAMPINE, DIRECTOR KEENER CAN SPEAK TO THAT. >> MADAM PRESIDENT, COUNCILOR CHAMPINE, THAT'S CORRECT. WE WILL BE HAVING A REDUCTION IN THE NUMBER OF BUSES WE NEED TO GET TO OUR FULL RECOVERY NETWORK. WE HAVE 163 IN THE FLEET. AND IN ORDER TO RUN OUR FULL RECOVERY NETWORK FOR ABQ RIDE FORWARD WE'LL NEED 109. THAT INCLUDES SPARE RATIO. WE'LL OVER THE NEXT FEW YEARS RETIRING BUSES AS THEY COME THROUGH THE USE OF LIFE AND NOT REPLACING THEM. >>COUN. CHAMPINE: OKAY. THANK YOU, MADAM PRESIDENT. WHAT'S THE REASON BEHIND THAT? COSTS? DRIVERS? JUST PART OF THE LAN -- PLAN WE DON'T NEED AS MANY BUSES? HELP ME UNDERSTAND THAT. >> MADAM PRESIDENT, COUNCILOR CHAMPINE YES. A LOT OF IT HAS TO DO WITH THE WAY THE NETWORK IS SET UP. IT DOESN'T REQUIRE US TO RUN AS MANY BUSES AS OUR OLD NETWORK. THAT'S WHY WE'RE REDUCING THOSE. ALSO FOR OUR SPARE RATIO TO MAKE SURE WE'RE CONSISTENT WITH ONLY HAVING THE 20% SPARE RATIO AS REQUIRED BY FTA. >>COUN. CHAMPINE: DOES THAT MEAN, MADAM PRESIDENT, I WON'T SEE RAPID RIDE GOING UP IN CENTRAL AND ALSO WITH THE OTHER ART BUSES GOING IN THE SAME DIRECTION? IS THAT STILL GOING TO BE MULTIPLE BUSES ON ARTERIES? >> MADAM PRESIDENT, COUNCILOR CHAMPINE, I'M NOT SURE I UNDERSTAND YOUR QUESTION. OUR ART BUS FLEET WILL REMAIN THE SAME. IT'S FOR OUR FIXED ROUTE BUSES. WE HAVE MORE BUSES THAN WE NEED IN THE NETWORK. OUR FREQUENCIES AS OUTLINED IN THE NETWORK PLAN, THOSE WILL BE FUNCTIONAL WITH THE 109 BUSES WE HAVE. >>COUN. CHAMPINE: THE QUESTION IS I'VE SEEN IT SEVERAL TIMES ON CENTRAL THAT YOU HAVE ART GOING EAST WASTE AND THEY WILL BE TRAVELING CENTRAL AND YOU'LL SEE ANOTHER BUS RIGHT NEXT TO IT DOING THE SAME THING. IT SEEMED REDUNDANT. THERE'S TWO BUSES GOING IN THE SAME DIRECTION. IS THIS NEW PLAN GOING TO REMOVE SOME OF THOSE FROM THE MAJOR ARTERIES AND HAVE ONE BUS GOING IN THE DIRECTION INSTEAD OF TWO SEPARATE BUSES? >> MADAM PRESIDENT, COUNCILOR CHAMPINE, THERE ARE SOME CHANGES TO THE ART CORRIDOR. WHAT YOU SEE RIGHT NOW IS THE ROUTE 66 BUSES ARE LOCAL SERVICES AND ART IS EXPRESS SERVICE. THERE WILL BE CHANGES TO THAT WITHIN THE NEW NETWORK. >>COUN. CHAMPINE: THANK YOU, DIRECTOR. >>COUN. BASSAN: COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MADAM PRESIDENT. I JUST HAD A QUESTION ABOUT THE SHELTER. JUST READING THROUGH THIS, THIS IS ADVERTISING ON THE SHELTERS NOT PURCHASING MORE SHELTERS. THIS IS JUST ADDVERTISING? >> MADAM PRESIDENT, COUNCILOR ROGERS. THAT'S CORRECT. AND THAT INVENTORY CHANGES AS WE GO THROUGH THE YEARS AS WE REPLACE SHELTERS. THAT INVENTORY BECOMES AVAILABLE IN THIS CASE. >>COUN. ROGERS: THANK YOU. I READ THAT THIS IS -- ADVERTISING IS NEEDED TO PROVIDE ADDITIONAL REVENUE FOR OUR TRANSIT OPERATING FUND. WHAT IS THE REVENUE, APPROXIMATELY, WE WOULD BRING IN FROM ADVERTISING? >> MADAM PRESIDENT, COUNCILOR ROGERS, WE'RE LOOKING AT IN THE FIRST YEAR I BELIEVE -- OVER THE FIVE YEARS IS $1.65 MILLION. THAT'S OVER FIVE YEARS. WE DO GET 50% SHARE OF THE REVENUE. IF IT'S MORE THAN MINIMUM ANNUAL WE CAN GET MORE FUNDING FROM THAT AS WELL. >>COUN. ROGERS: THANK YOU, MADAM PRESIDENT. ONE OTHER QUESTION. I AM NOT SURE IF OTHER COUNCILORS WERE NOT REALLY AWARE, PUT I DID NOT CATCH THAT WHEN THE EC CAME FOR THE EQUITY PLAN WE'RE ALSO APPROVING THE NETWORK CHANGES AT THAT TIME. I GUESS THAT'S WHY SOME OF US HAVE QUESTIONS ABOUT THE ROUTES AND CHANGING OF THE -- I DIDN'T CATCH THAT AT THE TIME WE WERE ACTUALLY ALSO APPROVING THE NETWORK PLAN. I THOUGHT WE WERE APPROVING EQUITY PLAN. NOT THE IMPLEMENTATION PLAN FOR THE NETWORK FOR THE CHANGE. I GUESS I JUST WANT TO ASK THAT QUESTION WHILE WE'RE ON THE TOPIC OF WHY DID WE CHOOSE TO PUT THEM TOGETHER AND NOT REALLY SPECIFY THAT WE'RE -- I FEEL A LITTLE -- I READ A LOT OF THINGS AND DID NOT -- IT WAS NOT CLEAR TO ME THAT WE WERE APPROVING ALL OF THE NETWORK CHANGES AT THE SAME TIME AS EQUITY STUDY. >> MADAM PRESIDENT, COUNCILOR ROGERS, WE WERE EXTREMELY CLEAR WITH COUNCIL STAFF THAT APPROVAL WAS ALSO APPROVAL OF THE NETWORK CHANGES. THAT'S HOW WE OPERATED IN PAST PRACTICES. >>COUN. ROGERS: FOR OUR THINKING NEXT TIME WE DO THIS, IS THERE A BETTER WAY THAT THIS CAN COME TO US NOT? NOT NECESSARILY IN AN EC, SO WE CAN BE CLEAR ABOUT THAT. >> COUNCIL PRESIDENT, COUNCILOR ROGERS, PER FTA REQUIREMENTS, TRANSIT IS ONLY REQUIRED TO SUBMIT A RESOLUTION TO US FOR THE TRANSIT EQUITY ANALYSIS. THERE ARE NO ADDITIONAL REQUIREMENTS FOR TRANSIT TO SUBMIT TO COUNCIL. THERE WAS THROUGH ONE OF THE OBJECTIVES BILLS THERE WAS A REQUIREMENT FOR TRANSIT TO SUBMIT AN EXECUTIVE COMMUNICATION TO COUNCIL WITH AN IMPLEMENTATION PLAN. BUT THROUGH CONVERSATIONS BETWEEN THE ADMINISTRATION AND COUNCIL, IT WAS DETERMINED THAT EC DID NOT NEED TO BE SUBMITTED TO COUNCIL. SO, IT REALLY JUST CAME IN THE FORM OF A MEMO, WHICH COUNCIL STAFF IS CURRENTLY ANALYZING AND PLANNING TO REPORT BACK TO THE COUNCIL HERE SOON. >>COUN. ROGERS: THANK YOU. SO OKAY. I'M JUST TRYING TO PROCESS THAT. MADAM PRESIDENT, ONE MORE QUESTION. WHO MADE THAT DECISION FOR COUNCIL? THAT WE WOULD ASSUME A MEMO AND NOT ACTUALLY COME TO US TO HAVE THE NETWORK PLAN? >> MADAM PRESIDENT, COUNCILOR ROGERS, IN THE RESOLUTION THAT WAS PASSED BY COUNCIL FOR THE GOALS AND OBJECTIVES, IT WASN'T CLEAR EVERY GOAL AND OBJECTIVE NEEDED TO BE SENT IN THE FORM OF EXECUTIVE COMMUNICATION. WHEN WE RECEIVED THE FIRST TWO OBJECTIVES, THEY WERE IN A MEMO SENT TO COUNCIL. I SPOKE WITH JOSH AND I ASKED JOSH MOVING FORWARD EVEN THOUGH IT'S NOT EXPLICIT INSIDE THE LEGISLATION, IF THEY WOULD PLEASE SEND EXECUTIVE COMMUNICATION TO CITY COUNCIL. SO IT WAS ME IN DISCUSSION, I MADE THE DECISION FOR THE COUNCIL BECAUSE THE LEGISLATION WASN'T CLEAR. BUT IF YOU -- I ASKED JEFF TO ANALYZE THE DOCUMENT THAT WAS SENT, GO THROUGH IT, TREAT IT LIKE IT'S AN EC, GIVE AN ANALYSIS AND MEET WITH THE COUNCILORS WHO WANTED TO MEET TO GO OVER IT MORE IN DEPTH AFTER YOU DELIVER THE MEMO. >>COUN. ROGERS: I THINK THIS IS A LOOPHOLE WE NEED TO FIX. FOR ME TRANSIT IS PREME -- EXTREMELY IMPORTANT. I WOULD REALLY LOVE TO FIGURE OUT HOW WE CAN FIX THE PROCEDURE. SO THIS COUNCIL KNOWS WE'RE VOTING ON THIS, CLEARLY, WE'RE VOTING ON AND APPROVING A MAJOR TRANSIT UPGRADE TO OUR ROUTE. THANK YOU. >> MADAM PRESIDENT, COUNCILOR ROGERS, EVEN IF AN EC HAD BEEN SENT COUNCIL WOULDN'T HAVE BEEN ABLE TO AMEND IT. IF WE WERE TO DO ANY TYPE OF POLICY CHANGES AROUND TRANSIT WE WOULD HAVE TO REQUEST THE DOCUMENTS SENT TO COUNCIL WOULD BE SUBMITTED IN THE FORM OF RESOLUTION. IF YOU LIKE, WE CAN LOOK INTO THAT. >>COUN. ROGERS: THANK YOU. I WOULD REALLY LOVE TO FIX THAT. I'M SPEAKING FOR MYSELF, BUT I READ A LOT. I WAS FOCUSED ON THE EX -- EQUITY PIECE. AND NOT NECESSARILY THE OTHER PART. >>COUN. BASSAN: ANY OTHER QUESTIONS ON ERK -- EC -- >>COUN. CHAMPINE: MADAM PRESIDENT, I MAKE A MOTION TO APPROVE EC-496. >>COUN. BASSAN: MOTION AND SECOND BY COUNCILOR GROUT. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. THAT PASSES ON AN 8-0 VOTE. MOVING TO OC-47. >>COUN. CHAMPINE: THANK YOU, MADAM PRESIDENT. OC-47. SDMRN DID I . >>COUN. CHAMPINE: I JUST HAVE ONE QUESTION ABOUT THIS. IT SAYS THAT -- THIS IS THE OFFICE OF INSPECTOR GENERAL'S ANNUAL REPORT. I DON'T KNOW IF THEY'RE HERE OR NOT. WHERE IS THE WHISTLE BLOWER'S REPORT IN THIS? >> MADAM PRESIDENT, COUNCILOR CHAMPINE, I DID CALL BOTH MR. PACHECO WHO IS THE INTERIM AUDITOR, I ASKED IF THIS IS DEFERRED. HE UNDERSTANDS THAT. AND IF IT IS, HE WILL BE OPEN NEXT COUNCIL MEETING. I SPOKE TO MS. VARGAS. I LET HER KNOW HER REPORT COULD BE DEFERRED. AS FOR THE WHISTLE BLOWER REPORT, WE'VE NEVER RECEIVED ONE. WE HAVE A MEETING SCHEDULED THIS WEEK TO GO OVER WHAT'S EXPECTED AND WHAT SHOULD BE IN THERE AND HELP HIM AS THE INTERIM INSPECTOR GENERAL DRAFT A REPORT FOR THE COUNCIL SO HE'S FOLLOWING THE ORDINANCE. WE'RE WORKING ON THAT TO SEE IF WE CAN GET THEM BACK ON TRACK TO START DELIVER THEM WHEN THEY'RE SUPPOSED TO. >>COUN. CHAMPINE: MADAM PRESIDENT, IT'S MY UNDERSTANDING THAT IT'S NEVER BEEN FOLLOWED. THE ORDINANCE HAS NEVER BEEN FOLLOWED TO THIS POINT? >> MADAM PRESIDENT, COUNCILOR CHAMPINE, AS FAR AS WE CAN TELL BY SEARCHING, THERE'S NOT BEEN A LEGISLATIVE ITEM COME THROUGH THAT IS A WHISTLE BLOWER PROTECTION ORDINANCE REPORT. >>COUN. CHAMPINE: THANK YOU, MADAM PRESIDENT. >>COUN. BASSAN: JUST TO GIVE YOU AN UPDATE, WE'RE STILL WORKING ON THE ORDINANCE UPDATES. AND THEY'RE REALLY CLOSE. MS. KEEFE SAID SHE'S GOING TO GET BACK TO ME HOPEFULLY TOMORROW AND IF NOT WE'RE GOING TO ALSO OPEN IT UP TO THE ADO COMMITTEE. AND NAIG TO HAVE THE ORDINANCE REVIEWED. WHICH WILL INCLUDE SOME TIMELINES FOR THE WHISTLE BLOWER ORDINANCE AND UPDATE. >>COUN. LEWIS: MADAM PRESIDENT, I MOVE FOR DEFERRAL ON 47. >>COUN. BASSAN: THERE'S A MOTION AND SECOND BY COUNCILOR CHAMPINE. ALL THOSE IN FIVE -- TWO-WEEK DEFERRAL? >>COUN. LEWIS: YUP. >>COUN. BASSAN: TWO-WEEK DEFERRAL ON OC-47. ALL THOSE IN FAVOR? THAT PASSES ON AN 8-0 VOTE. COUNCILOR LEWIS, OC-48. >>COUN. LEWIS: MADAM PRESIDENT, I'M GOING TO MOVE FOR DEFERRAL FOR TWO WEEKS AS WELL. >>COUN. BASSAN: MOTION FOR DEFERRAL. SECOND BY COUNCILOR ROGERS. ANY QUESTIONS OR COMMENTS? SEEING NONE. MOTION FOR TWO-WEEK DEFERRAL TO OC-48. ALL THOSE IN FAVOR? THAT PASSES ON AN 8-0 VOTE. OKAY. WE DID THAT. WE'RE MOVING ON. THERE ARE NO ANNOUNCEMENTS. NO FINANCIAL INSTRUMENTS. DID WE NOT DO CONSENT? WE DIDN'T DO -- WHAT DID WE NOT DO? >> YOU NEED TO APPROVE THE CONSENT AGENDA. >>COUN. BASSAN: WE DID THAT BEFORE. WE DID THAT BEFORE WE WENT TO THOSE BILLS. THERE ARE NO ANNOUNCEMENTS, NO FINANCIAL INSTRUMENTS. WE'RE MOVE TO APPEALS. AC-25-04. APPEALING THE ZONING HEARING EXAMINER TO ALLOW FOR THE FIVE-FOOT WALL AT 5501 BLUEWATER ZONED MX-L. >> THANK YOU, MADAM PRESIDENT. COUNCILORS, THE ISSUE IN THIS APPEAL IS WHETHER A VARIANCE SHOULD BE APPROVED FOR AN EXISTING SIX-FOOT TALL FRONT AND SIDE YARD FENCE CONSTRUCTED WITHOUT PERMITTING AT 5501 BLUEWATER NORTHWEST. THIS IS COUNCIL DISTRICT TWO. ACROSS THE STREET FROM PAT HURLEY PARK. THEY FAILED TO SATISFY THE FIRST PRONG OF THE TEST WHICH REQUIRES A SHOWING THERE'S SPECIAL CIRCUMSTANCES THAT WARRANT A TALLER FENCE. THE APPEAL WAS HEARD BY THE LAND USE HEARING OFFICER WHO RECOMMENDS THE COUNCIL DENY THE APPEAL AND UPHOLD THE ZHE'S DECISION TO DENY THE VARIANCE. THE LUHO FOUND THAT THE CLAIMED SPECIAL CIRCUMSTANCES OF THE LOT BEING VACANT AND LOCATED BY A PARK ARE NOT SPECIAL CIRCUMSTANCES AS CONTEMPLATED IN THE IDO. THE APPLICANT DOES NOT QUALIFY FOR THE HEIGHT VARIANCE BECAUSE THEY CANNOT MEET THE FIRST PRONG OF THE TEST. THE LUHO FOUND THE FENCE VIOLATES FOUR IDO STANDARDS. FIRST MIXED USE ZONE DISTRICT, FRONT AND SIDE YARD FENCES TALLER THAN THREE FEET MAX OUT AT FIVE FEET. THIS FENCE IS OVER SIX FEET. THE FENCE MUST BE SET BACK AT LEAST TEN FEET. HERE THE SETBACK IS ONLY FIVE FEET. THE FENCE ALSO MUST INCLUDE VIEW FENCES FOR PORTIONS ABOVE THREE FEET. THE FENCE IS MADE OF SOLID PANELS. AND FENCES OVER THREE FEET IN HEIGHT THAT FACE A PUBLIC PARK MUST COMPLY WITH ONE MANDATORY DESIGN OPTION RELATED TO OPENING FROM TOP, VARIATION, TEXTURE, COLOR, OVERHANG CAP OR INCORPORATING VEGETATION INTO THE DESIGN. THE FENCE DID NOT INCLUDE ANY FIVE OPTIONAL BUT MANDATORY ELEMENTS FOR THE FENCE. SO, THE LUHO CONCLUDED THE ZHE'S DECISION TO DENY THE VARIANCE SHOULD ME UPHELD. THIS IS ACCEPT OR REJECT. WE WON'T HEAR FROM PARTIES. I'LL DO MY BEST TO ANSWER QUESTIONS YOU HAVE. >>COUN. BASSAN: COUNCILORS, ANY QUESTIONS? IS THERE A MOTION ON AC-04? COUNCILOR BACA. >>COUN. BACA: MADAM PRESIDENT, I MOVE ACCEPT THE ZHE'S DECISION TO DENY. >>COUN. BASSAN: SO, ON PAGE SIX, ACCEPT THE LUHO RECOMMENDATION AND FINDING. ACCEPT AND FIND DIFFERENT FINDINGS, OR REJECT. >>COUN. BACA: ACCEPT AND RECOMMENDATION AND FINDING. >>COUN. BASSAN: THERE'S A MOTION AND SECOND BY COUNCILOR FIEBELKORN. ANY OTHER QUESTIONS OR COMMENTS? THE MOTION IS TO ACCEPT THE RECOMMENDATION AND FINDING. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. ANYONE OPPOSED? THAT PASSES ON AN 8-0 VOTE. WE'RE MOVING TO GENERAL PUBLIC COMMENT. MEMBERS OF THE PUBLIC CAN PROVIDE LIVE PUBLIC COMMENT IN PERSON OR VIRTUALLY IF THEY SIGNED UP PER THE INSTRUCTIONS ON THE AGENDA AND ON OUR WEBSITE. THE GROUND RULES ARE EACH PARTICIPANT WILL HAVE TWO MINUTES TIME LIMIT TO PRESENT AND A BELL WILL RING TO DMKT WHEN YOUR TIME SUP. COMMENTS ARE TO BE ADDRESSED TO IT COUNCILORS THROUGH THE COUNCIL PRESIDENT AND ANY DISRUPTIVE CONDUCT WILL RESULT IN REMOVAL. PLEASE CALL THE NAME OF THE FIRST SPEAKER. IF YOUR NAME IS CALLED, MAKE YOUR WAY DOWN TO THE FRONT. >> FIRST SPEAKER IS MOLLY FOLLOWED BY LEX. >> THANK YOU FOR THE OPPORTUNITY TO SPEAK WITH YOU TONIGHT, COUNCILORS. I AM THE EXECUTIVE DIRECTOR OF COMMON CAUSE NEW MEXICO. I KNOW YOU ALL RECOGNIZE WE NEED TO UPDATE OUR ELCK TORL SYSTEM TOR I'M HERE TO SPEAK IN SUPPORT OF RANK CHOICE VOTING. WE'RE ONLY A FEW WEEKS AWAY FROM ALBUQUERQUE'S RUNOFF ELECTION FOR MAYOR. THE CITY IS SLOTTED TO SPEND BETWEEN $1.6 MILLION FOR WHAT WE'RE PARTICIPATING TO BE A LOW TURNOUT SECOND ELECTION. INSTANT RUNOFFS MEANS THEY CAN START WORKING, BUT INSTEAD THEY'RE OUT THERE BUM BARDING VOTERS WITH MORECOME PAINING. RANK CHOICE VOTING ISN'T A PARTISAN ISSUE. BY DENYING THE SYSTEM YOU'RE DENYING THE CONSTITUENTS VOICES. NO MATTER WHO IS WITH WHISPERKING IN YOUR EAR, COMMON CAUSE BELIEVES IT TO BE A BETTER MORE REPRESENTATIVE SYSTEM AND THEREFORE WE ASK YOU TO CONSIDER SUPPORTING INSTANT RUNOFF. LET'S COME TOGETHER AND WORK FOR A SOLUTION FOR THE CITY SINCE WE ALL KNOW WE NEED A CHANGE. >> LETS FOLLOWED BY KRISTEN. >> MADAM PRESIDENT, COUNCIL MEMBERS, MAYOR, ANYBODY THAT'S LISTENING HERE TODAY, I STAND BEFORE YOU TODAY TO URGE THE CITY OF ALBUQUERQUE TO TAKE A BOLD STEP. AND PROTECT THE CIVIL LIBERTIES OF ITS RESIDENTS AND BUILDING A MORE TRUSTING RELATIONSHIP BETWEEN OUR COMMUNITY AND THE ALBUQUERQUE POLICE DEPARTMENT. I ASK AND URGE THAT YOU ADOPT AN ORDINANCE EFFECTIVELY ENDING THE PRACTICE OF STOP AND FRISK IN OUR CITY. THE U.S. SUPREME COURT IN 1968'S DECISION OF TERRY VERSUS OHIO ESTABLISHED THE CONTROVERSIAL PRESIDENT -- PRECEDENT THAT POLICE MAY STOP AN INDIVIDUAL BASED ON REASONABLE SUSPICION THAT CRIMINAL ACTIVITY IS AFOOT AND THE PERSON MAY BE HARMFUL. THIS IS LOWERING THE THRESHOLD FOR AN ARREST, AND HAS BEEN SUBJECT OF SCRUTINY FOR DECADES. WHILE THE SUPREME COURT MAY NOT HAVE OVERTURNED IT, WE HAVE SEEN IT IN OTHER JURISDICTIONS LIKE NEW YORK CITY. THESE PRACTICES ALSO HAVE LED TO PROFOUND VIOLATION IN OUR CONSTITUTIONALLY GUARANTEED CIVIL RIGHTS. AND DISPROPORTIONATE ATTACKING OF PEOPLE OF COLOR. THIS STANDARD IS A LOWER THRESHOLD. CRITICS ARGUE THAT THE SUBJECTIVE NATURE OF REASONABLE SUSPICION CAN BECOME A COVER FOR EXPLICIT OR IMPLICIT RACIAL PROFILING. ERODING TRUST AND CAUSING HARM. I URGE YOU TO ADOPT THE ORDINANCE. REINFORCE THE FOURTH AMENDMENT AS PROTECTIONS AGAINST UNRELATED SEARCHES AND SEIZURES AND MOVE ALBUQUERQUE TOWARD A FUTURE OF CONSTITUTIONALLY PROTECTED POLICING. >> KRISTEN FOLLOWED BY PETER. >> HELLO, I LIVE IN DISTRICT SIX. I'M HERE TO SPEAK TO YOU ABOUT WHY WE NEED RANK CHOICE VOTING IN ALBUQUERQUE. I MOVED HERE FROM GEORGIA A FEW YEARS AGO. IN THE SPACE OF ONLY TWO YEARS I VOTED FOR THE SAME SENATE SEAT FOUR TIMES. AFTER A SPECIAL ELECTION TO FILL A VACANCY AND SUBSEQUENT ELECTION BOTH RENT TO RUNOFF. IF THAT DOESN'T GIVE YOU FATIGUE I DON'T KNOW WHAT WILL. IN 2021 ALBUQUERQUE HAD A RUNOFF ELECTION FOR TWO CITY COUNCIL SEATS. VOTING FELL BAUF BY 39% INCOMPARED TO REGULAR ELECTION ONLY A MONTH PRIOR. WHEN OVER A THIRD OF THE PEOPLE WHO SHOWED UP DON'T HAVE THEIR VOICE COUNTED IN THE FINAL TALLY, SURELY WE CAN DO BETTER. RUNOFF ELECTIONS ARE EXPENSIVE. THIS ONE MAY COST $1.6 MILLION. THAT COULD HAVE REPAVED ROADS, BUILT NEW HOUSING, WE MAY HAVE DIFFERENT OPINIONS ON HOW TO SPEND THAT MONEY, BUT I THINK WE CAN ALL AGREE IT CAN BE BETTER SPENT. OUR NEIGHBORS ARE ALREADY SAVING THAT MONEY. SANTA FE AND LAS CRUCES HAVE RANK CHOICE VOTING. THEIR RACE HAS BEEN DECIDED. DOESN'T IT GET TIRING FOR YOU TO SPEND YOUR OFF HOURS CAMPAIGNING AND FUND-RAISING INTO THE HOLIDAYS? THE POLL WORKERS ARE TIRED, THE VOTERS ARE TIRED. WE'RE TIRED OF HAVING TO VOTE MULTIPLE TIME FOR THE SAME SEATS TO MAKE SURE OUR ONE VOTE COUNTS. IT'S TOO LATE FOR THIS ELECTION, IT'S NOT TOO LATE FOR THE NEXT ONE. PLEASE MAKE IT A REALITY. THANK YOU. >> PETER FOLLOWED BY BRICK. >> MADAM PRESIDENT, MEMBERS OF THE COUNCIL, THANK YOU FOR THE TIME. I LIVE IN DISTRICT ONE. I AM HERE TO SPEAK IN FAVOR OF ADOPTING RANK CHOICE VOTING IN ALBUQUERQUE. I PROMISE TO GIVE YOU THREE REASONS TO GIVE YOU RANK CHOICE. FIRST IT GUARANTEES A MAJORITY SUPPORTED CANDIDATE WINS EVERY SINGLE TIME. OUR CURRENT SYSTEM SEES DECLINE IN RUNOFF ELECTIONS AND THIS CREATES A SITUATION WHERE CANDIDATES GO TO A SMALL GROUP OF POLITICALLY ACTIVE CITIZENS RATHER THAN MAJORITY OF CONSTITUENCY. OUR CURRENT SYSTEM IS UNREPRESENTATIVE AND UNFAIR. SECOND, RANK CHOICE VOTING PROMOTES CANDIDATE CIVILITY BY ENCOURAGING CAMPAIGNS TO SEEK BROAD SUPPORT AND BUILD COALITION WITH EACH OTHER. WE'VE ALL SEEN LOCAL GOVERNMENT TURN INTO PLAYGROUND POLITICS BEFORE. I DON'T LIKE TO SEE IT. I'M A LITTLE SICK OF IT. AND FINALLY, RANK CHOICE VOTING WILL HELP US SAVE MONEY. AS ALREADY MENTIONED. WE'VE ALL SEEN QUOTES THIS RUNOFF COULD COST THE CITY UP TO $1.6 MILLION. EVEN IF IT'S ON THE LOW END, THAT'S MONEY I WOULD LIKE TO SEE ALLOCATED ELSEWHERE SPENT HELPING PEOPLE AND FULFILLING THE ROLE OF GOVERNMENT NOT SPENT DETERMINING ON HOW WE FEEL THE SEAT. THANK YOU VERY MUCH. HAVE A GOOD EVENING. >> BRICK FOLLOWED BY JANET. >> MADAM PRESIDENT, COUNCILORS, FUNNY BUSINESS. I DON'T KNOW WHY MY NAME IS SO FAR DOWN ON THE LIST FOR PUBLIC COMMENT. YOU KNOW THE FUNNY BUSINESS WITH THE EMAIL THAT GOT SENT TO ME. TRYING TO FIND OUT WHAT'S GOING ON WITH THAT AND TO EXTEND THAT ITSELF LOOKING FOR THE RECORDS. ASK FOR SOME RECORDS, THAT EMAIL WAS MISSING FROM THAT RECORD. FUNNY BUSINESS. TRANSPARENCY. WE HAVE BEEN WORKING WITH ETHAN FOR QUITE SOME TIME MAKING SURE THAT HE KNOWS EXACTLY WHAT WE WANT. SOMETIMES WE DON'T KNOW EXACTLY WHAT WE WANT AND HE'S ABLE TO HELP US FIND THESE THINGS. I'M GOING TO LET YOU KNOW IT'S BODY CAM SEASON. I'M GOING TO BE LOOKING AT SOME BODY CAMS. BE PREPARED FOR THAT. I HAVE SUGGESTED TO YOU AND I ACTUALLY ASKED ETHAN IF IT WOULD BE A GOOD IDEA. HE MIGHT AGREE OR MIGHT NOT. BUT HAVING A REDACTED COPY AND AN UNREDACTED COPY FOR YOURSELVES AND THE COURT WILL BE USEFUL. I KNOW THAT'S A LOT OF WORK. BUT I WANT IT ALL. I WANT TO REVIEW IT ALL. I WANT TO SEE WHAT THESE OFFICERS ARE DOING ON THE STREET. I SPECIFICALLY ASK FOR A SPECIFIC DATE. 46 BODY CAMS COMING TO ME. MOST SPECIFICALLY I WANT TO SPEAK ABOUT A SPECIFIC INDIVIDUAL UP IN THAT BOOTH. THAT OFFICER CALLED ME OUT BY NAME. IT'S FUNNY HOW THAT HAPPENED. I WANT TO KNOW HOW HE GOT MY NAME. MY FIRST NAME. SOMETHING'S FUNNY. CORRUPTION IS SERIOUS. IT SEEMS THAT THIS CITY HAS NO PROBLEM WITH IT. YOUR OFFICERS DEFINITELY HAVE NO PROBLEM. HE GUT MY NAME SOMEHOW. I'M LOOKING FOR BODY CAM. I'M LOOKING FOR ALL OF THE RECORDS. I'M LOOKING FOR TEXT MESSAGES. EMAILS. I WANT IT ALL. BE PREPARED. IT'S BODY CAM SEASON. >> JANET FOLLOWED BY RACHEL. >> GOOD EVENING, COUNCILOR BASSAN, MEMBERS OF THE COUNCIL. I'M JANET, RESIDENT OF DISTRICT NINE SINCE 1986. AND I WOULD LIKE TO GIVE YOU AN UPDATE ON OUR QUEST TO GET THE H-VAC SYSTEM FUND FOR THE DOWNTOWN MAIN LIBRARY. I BELIEVE WE MIGHT HAVE BEEN AROUND $575,000 THE LAST TIME. BUT I'VE HAD SOME GOOD CONTACTS WITH REPRESENTATIVE DIXON FROM THE FAR NORTHEAST, OFF OF BERNALILLO COUNTY. AND REPRESENTATIVE POPE ON THE NAR NORTHWEST. I'M HOPING THAT THE BOND ISSUE PASSED. AND EACH ONE OF YOU ARE THINKING ABOUT IF YOU CAN JOIN COUNCILOR BACA WITH HIS CONTRIBUTION FROM SET ASIDE OF $100,000 AND COUNCILOR GROUT WITH HER CONTRIBUTION OF $25,000 FROM SET ASIDE. AND IN CLOSING, SINCE WE'RE IN A TIME OF THANKSGIVING, I WOULD LIKE TO SAY THAT YESTERDAY I WAS ON COORS AND MONTANO, AND I WAS VERY THANKFUL FOR THE BEAUTIFUL GOLDEN COTTONWOODS THAT WERE IN THE SUN. AND I'M VERY THANKFUL THAT LAST WEEK OUR VETERANS ON NOVEMBER THE 11th WERE HONORED AND MANY OF MY GENERATION WHICH WERE VIETNAM VETERANS. I'M THANKFUL FOR THAT. I'M THANKFUL FOR STEADY ROOMS THAT WE HAVE LIBRARIES WHERE GROUPS DON'T HAVE TO NECESSARILY MEET AS A NOISY RESTAURANT OR SOMEWHERE ELSE AND THEY CAN RESERVE IT AND EAT THERE FOR FREE. I'M THANKFUL FOR EACH ONE OF YOU THAT GIVES YOUR TIME, ENERGY, EMOTIONS, FAMILY TIME TO BE HERE AND CARE ABOUT OUR BELOVED ALBUQUERQUE. I WISH ALL OF YOU A WONDERFUL TIME OF THANKSGIVING. >> RACHEL FOLLOWED BY CHRISTOPHER. CHRISTOPHER FOLLOWED BY RALPH. >> HELLO COUNCIL. I'M HERE TO SPEAK ON BEHALF OF THE ALBUQUERQUE DISABILITY COMMUNITY. THERE ARE SOME EXCELLENT CLASSES HAPPENING AT THE LOMA LINDA COMMUNITY CENTER THAT ARE SPECIFICALLY DESIGNED TO INCREASE THE ARTS WITHIN THE DISABLED COMMUNITY. UNFORTUNATELY LOMA LINDA IS GOING THROUGH SOME BUDGETARY SHORTFALLS THIS YEAR. THEY'RE LOOKING AT THE POSSIBILITY OF NOT BEING ABLE TO RENEW THE CONTRACTS AND THE CURRENT CONTRACT ENDS DECEMBER 31st OF 2025. AND SO, I'M ASKING THE CONTRACT FOR THE CLASSES AT LOMA LINDA AND ELSEWHERE WITHIN THE CITY FOR ADULTS WITH DISABILITIES BE ABLE TO BE EXTENDED. THANK YOU VERY MUCH. >> RALPH FOLLOWED BY THOMAS. >> MADAM PRESIDENT, MY NAME IS RALPH. I'M HERE BECAUSE I HAVEN'T BEEN ABLE TO GET HELP WITH SOME THINGS. I HAVE A COPY OF THE BUILDING PERMIT ISSUED TO 624 RICHMOND. FEBRUARY 2024. AND AS YOU READ THROUGH HERE, IT IS FOR AN ACCESSORY ADU PROJECT. IT HAS BEEN COMPLETED. I HAVE GIVEN THE CO. BUT UNDER THE TYPE OF OCCUPANCY IT IS RATED R-3 RESIDENTIAL. AND R-1 ZONE. NO ONE REALLY IS RESPONDED TO ME ABOUT THIS BECAUSE I DON'T WANT TO SEE OUR NEIGHBORHOOD GET OPENED UP TO WHERE THERE'S MORE THAN JUST AN R-1 ZONE. WHEN I LOOKED ON THE CITY MAPS EVERYTHING SAYS IT'S AN R-1. APPRECIATE YOU FOR CONSIDERING THIS AND THINKING ABOUT IT. THANK YOU VERY MUCH. >>COUN. BASSAN: MR. COX, MAKE SURE TO GET MR. THOMPSON'S INFORMATION AND HELP HIM NAVIGATE SOME OF THOSE QUESTIONS. THANK YOU. >> THOMAS, FOLLOWED BY DAVID. >> HELLO, CITY COUNCIL. THANK YOU FOR YOUR TIME. I HOPE YOU HAVE GOOD THANKSGIVING PLANS COMING UP. LOOKING FORWARD TO A BREAK. I WAS PRETTY EXCITED MY FIRST PIECE OF CRITICISM IS PUBLISHED BY THE DAILY LOBO AS A JOURNALIST STUDENT AT UNM. I THINK YOU HAVE A LOT OF WORK TO DO FOR ELECTIONS. I'M PRETTY UPSET WE'VE SPENT OVER A HALF MILLION ON THE MAYOR'S REELECTION CAMPAIGN. I VOTED FOR ALEX UBALLEZ WHO MADE ABOVE 19%. IF HE GOT 1% MORE HE'D BE IN THE RUNOFF. IF HE SPENT 10,000 OF THE MAYOR'S HALF MILLION, I THINK HE WOULD GET THE EXTRA 1%. YOU NEED TO DO THE WORK THAT NOT ONLY THE MAYOR SPENDING THIS MONEY. ALTHOUGH MY MAIN CRITICISM FOR HIS IS AGAINST A COUNCILOR WHO IS NOT HERE. COUNCILOR PEÑA. I JUST WISH THAT THE -- YOU GUYS PLAYED FAIR. I WISH EVERYONE COULD BEHAVE LIKE COUNCILOR CHAMPINE WHO IS HANGING OUT AND PARTYING AT THE CLUBS ON HALLOWEEN WEEKEND. SOME PEOPLE GOT TO PLAY DIRTY. I DON'T WANT TO ACCUSE COUNCILOR PEÑA OF ANYTHING BECAUSE SHE'S NOT HERE TO DEFEND HERSELF. IT'S EASY TO INCEMENT INSULT HER WHILE NOT HERE. WE'RE EXCLUSIVELY -- THEY'RE STEALING HER SIGNS AND NOT COUNCILOR PEÑA'S. I WOULD LOVE TO KNOW IF SHE KNOWS WHERE THOSE ARE GOING. THERE'S TEXT MESSAGES GOING OUT ASKING DUNE THIS CANDIDATE IN THE RUNOFF ELECTION AGAINST PENA? AND PRETTY MUCH SPREADING FALSE DEFAMATION. IF WE KNEW WHO WAS SENDING THOSE TEXT MESSAGES AND PAYING FOR THEM, THAT WOULD BE A DEFAMATION LAWSUIT. BUT WE DON'T. I WOULD LOVE IF SOMEBODY ON THIS CITY COUNCIL COULD FIND OUT HOW THIS MONEY IS GETTING SPENT. I THINK IT'S PRETTY DIRTY. YOU HAVE SOME WORK TO DO. THANK YOU. >> DAVID FOLLOWED BY DAVID. >> GOOD EVENING, MADAM PRESIDENT COUNCILORS. I AM RETIRED CITY EMPLOYEE. I'M A COMMON CAUSE MEMBER FOR 52 YEARS. I'M HERE TO TALK ABOUT RANK CHOICE VOTING. ON THE SAME DAY ALBUQUERQUE HAD ITS MUNICIPAL ELECTION, SANTA FE HAD A MUNICIPAL ELECTION. AND IMMEDIATELY THEY HAVE A SUCCESSFUL CONCLUSION OF THAT. AND THEY DIDN'T HAVE TO SPEND $1.6 MILLION ON A RUNOFF. IT'S POSSIBLE. I WANT TO SAY A LITTLE BIT MORE WHY IT'S IT SHOULD ME ADOPTED BY THE CITY OF ALBUQUERQUE. IT'S COST EFFICIENT TO NOT HAVE THE RUNOFF. THIS RECENT SANTA FE ELECTION SHOWCASED THE EFFICIENCY, HANDLING OF MULTIPLE CANDIDATES AND PREFERENCES WITHOUT THE NEED FOR A COSTLY SECOND ROUND OF VOTING. SECOND, IT INCREASED VOTER ENGAGEMENT. THE SUCCESSFUL USE OF RANK CHOICE VOTING IN SANTA FE SAW INCREASED VOTER TURNOUT COMPARED TO PREVIOUS ELECKS AS CITIZENS FELT EMPOWERED TO RANK CANDIDATES COMPARED TO PREF RENESES RATHER THAN FORCED TO CHOOSE A SINGLE CANDIDATE. THERE WERE MORE REPRESENTATIVE OUTCOMES. WINNINGKENED LEADING TO MORE REPRESENTATIVE OUTCOMES THAT REFLECTED THE WILL OF THE VOTERS. AND I'LL SAY THAT THIS ALSO ENCOURAGED MORE DIVERSE CANDIDATES. THE SANTA FE ELECTIONS FEATURED A RANGE OF CANDIDATES AND RANK CHOICE VOTING ALLOWED TO SUPPORT THE CHOICES WITHOUT CONCERN OF TACTICAL VOTING. PROMOTING DIVERSE POLITICAL REPRESENTATION. IT'S MORE STREAMLINED. AS WE CAN SEE, WE ARE STILL IN THE VOTING PROCESS AND HAVE THE UNCERTAINTY OF THAT. AND WILL HAVE THE NEXT SEVERAL WEEKS. THE SUCCESSFUL IMPLEMENTATION OF RANK CHOICE VOTING SERVES AS A STRONG EXAMPLE FOR ALBUQUERQUE SHOWCASING THE POTENTIAL BENEFITS OF TRANSITIONING TO THIS MORE EFFECTIVE ELECTORAL SYSTEM. I URGE THE COUNCIL TO CONSIDER THIS. THANK YOU. >> DAVID FOLLOWED BY MIGUEL. >> MADAM PRESIDENT, MEMBERS OF THE COUNCIL, THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT. I'M HERE TO SHARE RESEARCH FINDINGS RELATED TO RANK CHOICE VOTING. RANK CHOICE VOTING INCREASES VOTER TURNOUT. IN 2024, A RESEARCH TEAM AT THE UNIVERSITY OF CALIFORNIA AND UNIVERSITY OF IOWA DETERMINED THAT CITIZENS IN RANK CHOICE VOTING ELECTIONS WERE 17% MORE LIKELY TO VOTE THAN IN NON-RANK CHOICE VOTING SYSTEMS. THE STUDY ALSO FOUND THAT VOTERS OF RANK CHOICE VOTING ELECTIONS WERE MORE LIKELY TO BE DIRECTLY CONTACTED BY CAMPAIGNS THROUGH MAILERS, PHONE AND IN PERSON CONTACT THAN IN NONRANK CHOICE VOTING ELECTIONS. IN 2025, THE SAME RESEARCHERS FOUND THAT TURNOUT INCREASED FOR ALL ETHNIC GROUPS. A 2016 SURVEY OF VOTERS OF RANK CHOICE VOTING SYSTEMS AND PLURALITY VOTING SYSTEMS FOUND THAT PEOPLE IN CITIES USING RANK CHOICE VOTING SYSTEMS WERE A SIGNIFICANTLY MORE SATISFIED WITH THE CONDUCT OF LOCAL CAMPAIGNS. PEOPLE WITH SIFT CITY -- CITIES WITH RANK CHOICE ARE LESS LIKELY TO SEE THEM AS NEGATIVE AND LESS LIKELY TO CRITICIZE EACH OTHER. RANK CHOICE VOTING SYSTEMS CANDIDATES REACH OUT TO PERSPECTIVE VOTERS EVEN THOSE WHO PREFER THEIR OPPONENTS TO ASK THEM TO RANK THEM NUMBER TWO OR AHEAD OF OTHER CANDIDATES. THE CANDIDATES DO NOT GO NEGATIVE AS OFTEN OUT OF CONCERN THAT THEY'RE GOING TO ALIENATE VOTERS WHO MIGHT RANK THEM AHEAD OF OTHER CANDIDATES. VOTERS GET A MORE FULLY ENGAGED AND LESS NEGATIVE CAMPAIGN FROM ALL CANDIDATES. THANK YOU. >> MIGUEL FOLLOWED BY TAD. >> I WAS GOING TO TALK ABOUT SOMETHING ELSE, BUT SOME OF THE THINGS THAT YOU GUYS TALKED ABOUT TONIGHT COULD CHANGE MY MIND. YOU GUYS WERE TALKING ABOUT THE BUSES AND THE PARKS. I'VE BEEN TO ALMOST ALL THE PARKS IN ALBUQUERQUE AND THEY ARE A MESS. YOU HAVE A LOT OF DEAD TREES, A LOT OF DEAD GRASS AND THERE'S NO PUBLIC RESTROOMS. THERE'S ONE PARK THAT'S SURROUNDED BY HOMES AND WHEN YOU'RE IN THAT PARK YOU'RE NOT ABOUT TO GO KNOCK AT SOMEBODY'S DOOR AND ASK THEM FOR THE BATHROOM BECAUSE IT'S A FOOLISH SITUATION. AND A LOT OF THE OTHER PARKS, YOU DON'T HAVE ANY PLACE TO SIT DOWN TO EAT A MEAL OR TO COOK A MEAL. IT'S GETTING WORSE AND WORSE. AND ON THE BUSES, I'VE GONE TO DOWNTOWN TO TALK TO SOME OF THE SUPERVISORS BECAUSE THEY'RE HAVING PROBLEMS HIRING DRIVERS BECAUSE EVERY TIME THEY GOT A DRIVER HE WOULDN'T PASS A DRUG TEST AND HE COULDN'T PASS THE CDL. I TOLD THEM IF YOU WANT BUS DRIVERS, GO DOWN TO THE NATIONAL GUARD AND TO ALL THESE FACILITIES AND TALK TO SOME OF THESE MILITARY PEOPLE. BECAUSE WITH ALL THE EQUIPMENT THAT THEY HAVE TO DRIVE, THEY ALREADY GOT THE CDL. A LOT OF THEM PASSED THE DRUG TEST. BUT A LOT DON'T HAVE STEADY JOBS AND THEY WOULD BE GLAD TO DRIVE A BUS. NOBODY LISTENS. IT GOES IN ONE EAR AND OUT THE OTHER. AS LONG AS SOMEBODY TAKES A CHARGE TO DO SOMETHING EASY, MAYBE YOU WILL HAVE BETTER DRIVERS AND MORE DRIVERS BECAUSE EVERY TIME YOU TURN AROUND YOU HIRE FIVE DRIVERS, EIGHT GET EARLY RETIREMENT. SO YOU'RE BACK AT THE SAME SITUATION. >> TAD FOLLOWED BY HOPE. >> THANK YOU. WOULD YOU GIVE ME OVERHEAD? >> YES, SIR. >> THANK YOU. WHAT I WANT TO TALK ABOUT -- >>COUN. BASSAN: MR. NIMENSKI. JUST FOR NOW, PUT THAT DOWN. >> I CAN'T HEAR YOU. WE'RE RUNNING MY TIME OFF. THANK YOU. OKAY. WHAT I WANT TO TALK ABOUT THIS AGENDA, TWO REASONS. ONE WAS VOTED DOWN BY FULL COUNCIL MEETING. DURING SEVERAL YEARS. NOW, KELLER AND BASSAN TOGETHER COME UP WITH SO MANY PAGES AND COUNCIL TODAY CAN SEAL VOTED WITHOUT PUBLIC NOTICE. ALLOWING PUBLIC TO SPEAK. IN CONSENT AGENDA. I'M POINTING RIGHT HERE NOW. MANY OTHER ISSUES TOO. MAYOR RECOMMEND -- MAYOR AND CITY ATTORNEY RECOMMEND LEGAL TEAM. DO WE HAVE RIGHT TO KNOW WHAT'S GOING ON? WHAT THE GOVERNMENT DOON -- DOING AND HOW THEY'RE DOING IT? WHO KNOWS WHAT IS GOING ON BEHIND THE TABLE? THAT'S NOT VERY HARD TO FIGURE OUT. PACHECO, WHAT HIS DOING? INSPECTOR GENERAL. THEY JUST PAY CRIMINAL AND CRIMINAL PAY BACK AND WALKING AWAY WITHOUT GETTING NOTHING. THANK YOU. >> HOPE FOLLOWED BY LISA ON ZOOM. >> HELLO COUNCILOR BASSAN, THANK YOU. I AM HOPE, I TEACH ACCESSIBLE ART CLASSES AT LOMA LINDA. I WOULD LIKE TO SPEAK ON BEHALF OF THE ARTS CONNECTION PROGRAM AND THE CLASSES AT THE LOMA LINDA COMMUNITY CENTER. DUE TO BUDGET CUTS THIS YEAR, THE PROGRAM IS IN DANGER OF LOSING PART OR ALL OF ITS CITY CONTRACTS. THESE CLASSES ARE MAJORLY IMPORTANT TO THE WELL BEING AND CREATIVE EXPRESSION OF DISABLED COMMUNITIES IN THE CITY. I BELIEVE THESE PEOPLE DESERVE AN ACCESSIBLE SPACE TO FIND COMMUNITY AND TO TELL THEIR STORIES. THESE CLASSES HAVE FACED HURDLES LIKE TRANSPORTATION ISSUES AND RELOCATING TO THE NEW BUILDING. THIS BUILDING WAS ONLY PUT UP THIS YEAR AND MADE ACCESSIBLE THIS YEAR. WE'RE REALLY HOPEFUL WE'RE GOING TO BE ABLE TO CONTINUE TO UTILIZE THE ACCESSIBLE AND WONDERFUL SPACE. AND WE ARE HOPEFUL THAT THIS PROGRAM CAN CONTINUE TO BE A RESOURCE FOR THE COMMUNITY AND THE CITY. THANK YOU. >> MADAM PRESIDENT, IT APPEARS LISA HAS FALLEN OFF ZOON. -- ZOOM. >>COUN. ROGERS: I JUST WANTED TO COMMENT BECAUSE OF THE TWO THAT COMMENTED ON THIS PROGRAM AT LOMA LINDA. THE CONTRACTOR REACHED OUT TO ME, THE CONTRACT ENDS DECEMBER 31st. THEY HAVE NO -- THEY'RE PLANNING TO RENEW THE CONTRACT FOR THE NEXT YEAR. I JUST WANT TO MAKE SURE THEY REACHED OUT TO YOU AND THE ADMINISTRATION CAN MAKE SURE THAT YOU YOUTH AND FAMILIES -- I'VE CONNECTED YOU PERSONALLY TO MAKE SURE THIS CONTRACT CONTINUES. I JUST WANT TO PUT IT OUT THERE THAT WE'VE ALREADY BEEN IN TOUCH WITH THIS AND HOPEFULLY THE DEPARTMENT IS DOING WHAT THEY SAID THEY'RE GOING TO DO AND MAKE SURE TO RENEW THE CONTRACT FOR THE NEW YEAR. >>COUN. BASSAN: MR. CORNEALIOUS. WE'LL GO TO MARSLEN FOLLOWED BY BARBARA. >> I'LL BE SHORT. I'M HERE AGAIN, LIKE I WAS LAST WINTER. IT'S THE SAME MESSAGE AS LAST YEAR. WITH MORE MONEY WE'VE EVER HAD AT THE CITY, AS COUNCILOR LEWIS SAID, WE HAVE WARMING CENTERS AND SAFE PLACES. OR MAYBE WE CAN WORK ON INCREASING FOOD ACCESS AND INVESTING IN OUTREACH SERVICES DURING THIS HARSH WINTER. HEY, I KNOW BROWN GRASS IN THE SOUTHWEST DURING THE WINTER IS A CRISIS OF PRIORITY. I GUESS LET PEOPLE DIE LIKE LAST WINTER? WHAT THE HELL ARE WE DOING? PLEASE FOR THE LOVE OF EVERYTHING DON'T DO THIS AGAIN. WE DON'T WANT TO SEE OUR NEIGHBORS FREEZING TO DEATH AND STARVED IN THE STREETS. PLEASE, DO SOMETHING. HELP PEOPLE, PLEASE. >> BARBARA. >> HI. I'M BARBARA. I'M HAVING PROBLEMS WITH MY VIDEO. I'M ALSO SPEAKING ON BEHALF OF ART CONNECTIONS WHICH IT SOUNDS LIKE WE HAVE REALLY GREAT NEWS ABOUT. I'M SO GRATEFUL. IT SOUNDS LIKE THE PROGRAM WILL BE CONTINUED. I JUST WANT TO SAY HOW VALUABLE THIS PROGRAM IS TO MY DAUGHTER AND MYSELF. I HAVE BEEN VOLUNTEERING TEACHING EXERCISE FOR THE CLASS. MY DAUGHTER HAS BEEN TAKING ARTS CLASSES THROUGH ARTS CONNECTIONS IN VARIOUS FORMATS. AND REALLY ENJOYING THE CLASSES. I THINK WE'RE AT A POINT OF EXPANSION HAVE A LOT TO OFFER TO THE COMMUNITY. I'M REALLY GRATEFUL TO HEAR THAT IT SOUNDS LIKE OUR FUNDING WILL CONTINUE FOR AT LEAST ANOTHER YEAR. I WANT TO THANK YOU ALL. AND THANK THE PEOPLE WHO ARE RESPONSIBLE FOR TAKING CARE OF THAT FOR US. AND IF YOU HAVE FAMILY MEMBERS WITH DISABILITIES OR ADULTS, PLEASE WELCOME THEM. I HOPE THEY WOULD COME AND TRY OUT OUR CLASSES. I'M HERE TO SAY THANK YOU SO MUCH FOR WHAT YOU DO. THANK YOU. >> LISA. >> THANK YOU VERY MUCH, COUNCILOR BASSAN, COUNCIL MEMBERS. I APPRECIATE YOU ALL. THANK YOU VERY MUCH FOR PROVIDING THE OPPORTUNITY VIA ZOOM TO PARTICIPATE IN GOVERNMENT. I WOULD LIKE TO ECHO WHAT EVERYONE ELSE HAS ALREADY SAID ABOUT RANK CHOICE VOTING. HAVING TO COME OUT AND VOTE TWICE NOW WHEN WE COULD HAVE VOTED ONCE. I'LL TAKE OFF ANOTHER DAY OF WORK TO GO AND VOTE BECAUSE I DO SUPPORT OUR ELECTORAL PROCESS. I THINK IT'S A VERY BIG SHAME THAT THE LIBRARY LADY HAS TO COME EVERY SINGLE COUNCIL MEETING AND TO COUNTY COMMISSIONER MEETINGS TO BEG FOR MONEY FOR H-VAC FOR OUR OWN LIBRARY. WE HAVE PEOPLE BEGGING FOR MONEY FOR GRASS BUT WE DON'T HAVE MONEY FOR A LIBRARY, THAT IS ABSOLUTELY BAD. THE SWEEPS HAPPENING, AND THE ENCAMPMENTS ARE BEING CLEARED OUT FOR A CERTAIN AMOUNT OF TIME AND PEOPLE ARE JUST MOVING BACK IN. IT'S NOT WORKING. IT'S A FAILED PROBLEM. PROGRAM. AND PEOPLE ARE LOSING THEIR MATERIALS. WE ARE DOCUMENTING, WE ARE VIDEOTAPING AND WE ARE SEEING THEY'RE NOT BEING GIVEN THE TWO DAYS, THE 24 HOURS OR 36 HOURS. SOME PEOPLE ARE GIVEN MINUTES TO GATHER ALL THEIR DOCUMENTS. IF WE'RE TRYING TO MOVE PEOPLE TO GET TO WORK OR TO GET TO HOUSING, THEY NEED THEIR SOCIAL SECURITY CARD, THEY NEED BIRTH CERTIFICATE, THEY NEED DRIVER'S LICENSE, ET CETERA. I WOULD HIGHLY ASK TO THIS MAYOR AND TO THE CITY ADMINISTRATORS TO PLEASE GET WITH THE COMMUNITY AND FIND ANOTHER WAY TO HELP FOLKS WHO NEED HOUSING. MOVING THEM UP AND DOWN CENTRAL AND ALL PARTS OF THE CITY. IT'S NOT WORKING. IT'S COSTING MONEY. IT COSTS MORE MONEY TO INCARCERATE THAN IT WOULD TO ALLOW THEM TO CAMP SOMEWHERE. I SUPPORT QUIRKY BOOKS. THEY'RE DOING THE WORK THE CITY SHOULD BE DOING. >>COUN. BASSAN: THANK YOU, DOCTOR. >> MADAM PRESIDENT, THAT CONCLUDES GENERAL PUBLIC COMMENT. >>COUN. BASSAN: THANK YOU, ALL. MOVING TO APPROVALS TONIGHT. EC-533, ACCEPTANCE OF ASSIGNMENT AND ASSUMPTION OF RETAIL BY STANDARD TIME OPERATIONS LLC. I MOVE APPROVAL. THERE'S A SECOND BY COUNCILOR FIEBELKORN. I DON'T SEE ANYONE SIGNED UP TO SPEAK. ANY QUESTIONS OR COMMENTS? IS COUNCILOR PEÑA ON? COUNCILOR GROUT HAS MOVED TO ZOOM. BUT SHE'S HERE. SEEING NO QUESTIONS OR COMMENTS. THE MOTION IS FOR APPROVAL OF EC-533. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: YES. >> PASSES ON AN 8-0 VOTE. >>COUN. BASSAN: FINAL ACTIONS, WE DISPOSED OF ITEM A. WE'RE MOVING TO ITEM B. COUNCILOR SANCHEZ. R-200. >>COUN. SANCHEZ: THANK YOU, MADAM PRESIDENT. R-200 AMENDING THE ADOPTED CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF ALBUQUERQUE, ESTABLISHING OBSERVATION DECK PLANNING AND DESIGN REQUIRING APPROVAL BY CITY COUNCIL. JUST A QUICK SUMMARY, ADOPTING THIS RESOLUTION AMENDING THE AVIATION DEPARTMENT IMPLEMENTATION PLAN BY SEPARATING FUNDS APPROPRIATED THROUGH R-25-71 FOR A POST SECURITY OBSERVATION PLAN AND DESIGN ACCOUNT AND RESERVE ACCOUNT FOR THE PROJECT OF THE $7 MILLION APPROPRIATED FOR THE PROJECT THE RESOLUTION PLACES $1.5 MILLION TO PLAN AND DESIGN THE OBSERVATION DECK WITH THE WEMAINING 5.5 MILLION PLACED IN A RESERVE ACCOUNT. THE PLANS ARE TO BE SMIALITYED TO CITY COUNCIL UPON APPROVAL. THE DEPARTMENT MAY BE USING FUNDS TO CONSTRUCT THE PROJECT. THE RESOLUTION REQUESTS THE DEPARTMENT CONDUCT A STUDY TO DETERMINE A LOCATION THAT PROVIDES CONVENIENT ACCESS TO THE GENERAL PUBLIC AND NOT JUST AIRLINE PASSENGERS. THE STUDY IS TO BE SUBMITTED TO THE CITY COUNCIL THROUGH EXECUTIVE COMMUNICATION. SO, THAT'S BASICALLY WHAT IT IS. RESOLUTION IS APPROPRIATING $7 MILLION, BUT THE OBSERVATION PROJECT AND TWO PROJECT FUNDS, $1.5 MILLION FOR THE PLAN AND DESIGN AND 5.5 DLB APPROPRIATED FOR THE DECK PROJECT. SOME OF THE THINGS THAT HAVE GONE ON WITH THIS IS THE CITY WHEN FUNDING A PROJECT FUNDS THE WHOLE PROJECT AND DOES NOT BREAK BETWEEN PLANNING AND DESIGNED CONSTRUCTION. THE AVIATION DEPARTMENT WHERE R-25-71 INFORMED THE CITY COUNCIL THAT THOUGH THEY'RE ASSIGNING FUNDS, IT'S IN THE CONCEPTUAL PHASE. THE DEPARTMENT CANNOT DETERMINE THE AMOUNT OF FUNDING REQUIRED TO CONSTRUCT THE PROJECT UNTIL THE DESIGN IS 60% COMPLETE. THE HISTORY OF THE OBSERVATION DECK DEMONSTRATES THE RISK OF PROCEEDING WITHOUT CONDUCTING THOROUGH DESIGN AND COST VERIFICATION. THE ORIGINAL 1996 DECK EXPERIENCED MAJOR COST OVERRUNS AND RESULTING IN CORRECTIVE ACTIONS AND AMENDMENTS TO THE CITY PURCHASING ORDINANCE AND AMENDMENTS. WE ALSO ENDED UP WITH SEVERAL OTHER ISSUES. 1990-2000 MISMANAGEMENT AND GRAND JURY INVESTIGATION. THE DECK WAS BUILT WITHOUT A PUBLIC BIDDING. NO CITY COUNCIL APPROVAL. OVER BUDGET. GRAND JURY INVESTIGATION IN 2011-2012. REPAIRS AND EXTENDED CLOSURE. AND IN 2022 TO PRESENT, RESERVATIONS AND ANOTHER CLOSURE. THERE'S AN ARTICLE OF JUNE 2nd OF 2022 WHICH ALSO SAYS FOR PUBLIC AMENITY THAT'S SUPPOSED TO BE THE STATE'S WELCOME MAT, THE INTERNATIONAL SUN PORT SUFFER FROM SERIOUS LACK OF OVERSIGHT. THE FACILITY SHOWS WELL, OFFICIALS HAVE NO PROBLEM SINKING MILLIONS INTO KEEPING IT GOING. THEY SEEM UNABLE TO BE FISCALLY RESPONSIBLE IN THIS MANNER. ALL I'M ASKING, I AM NOT AGAINST THE PROJECT. I'M NOT UPSET ABOUT IT. I'M JUST ASKING THE COUNCIL TO BE A BETTER FISCAL MANAGER OF WHAT'S GOING ON. WE ONLY HAVE A PROJECT THAT'S IN ITS CONCEPTUAL PHASE. I HOPE THAT WE CAN TAKE A REAL GOOD LOOK AT IT. I HAVE A COUPLE OF AMENDMENTS TO ADDDYING. >>COUN. BASSAN: BEFORE YOU GO TO THAT, DO YOU HAVE A MOTION? >>COUN. SANCHEZ: MOTION FOR DO PASS. >>COUN. BASSAN: MOTION FOR DO PASS. IS THERE A SECOND? I WILL SECOND IT FOR THE PURPOSE OF DISCUSSION. COUNCILOR, WE'LL DO YOUR AMENDMENTS AND GO TO PUBLIC COMMENT. >>COUN. SANCHEZ: THANK YOU. PRIOR TO COMMENCING THE STUDY IN THE -- LET ME DO THIS OTHER ONE FIRST. I HAVE AMENDMENT ONE, PAGE TWO, LINE 15. THE WHEREAS CLAUSE READS IT'S A CORRECTION TO THE TYPO. IT SAYS $5.6 MILLION, IT'S SUPPOSED TO BE $5.5 MILLION. >>COUN. BASSAN: MOTION FOR AMENDMENT ONE. IS THERE A SECOND? SECOND FROM COUNCILOR CHAMPINE. ANY QUESTIONS OR COMMENTS ? BLACK ROLL CALL [ ROLL CALL ]. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: YES. >>COUN. BACA: YES. >> PASSES ON AN 8-0 VOTE. >>COUN. BASSAN: AMENDMENT NUMBER TWO. COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MADAM PRESIDENT. LINE THREE, PAGE THREE, LINE 11, INSERT NEW SECTION AS FOLLOWS. PRIOR COMMENCES THE STUDY OF THIS RESOLUTION THE AVIATION DEPARTMENT SHALL HOLD A PUBLIC MEETING TO GATHER INPUT ABOUT THE OBSERVATION DECK. THIS EXPLANATION ADDS REQUIREMENT THAT THE AVIATION DEPARTMENT GATHER INPUT FOR THE REDEVELOPMENT OF THE OBSERVATION DECK. >>COUN. BASSAN: MOTION IS FOR AMENDMENT NUMBER TWO. IS THERE A SECOND? SECOND FROM COUNCILOR CHAMPINE. ANY QUESTIONS OR COMMENTS? [ ROLL CALL ]. >>COUN. BASSAN: I'M SORRY, MADAM CLERK. BEFORE WE DO THAT, COUNCILOR CHAMPINE, YOU HAVE A QUESTION? >>COUN. CHAMPINE: YES. IT WAS MENTIONED, COUNCILOR SANCHEZ, THAT PUBLIC COMMENT HAD ALREADY BEEN MADE? IS THAT TRUE? >>COUN. BASSAN: COUNCILOR SANCHEZ. >>COUN. SANCHEZ: SAY THAT AGAIN. >>COUN. CHAMPINE: YOU SAID YOU WANT THEM TO HOLD PUBLIC MEETINGS. WAS THIS DONE BEFORE? I THOUGHT I HEARD YOU SAY IT WAS DONE BEFORE. >>COUN. SANCHEZ: I DON'T THINK SO. WHAT I'M LOOKING FOR IS JUST THE CITIZENS OF ALBUQUERQUE TO PUT IN INPUT ON THE OBSERVATION DECK. >>COUN. CHAMPINE: THANK YOU FOR THE CLARIFICATION. >>COUN. BASSAN: MADAM CLERK. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: YES. >> PASSES ON A 6-2. >>COUN. BASSAN: WE'RE MOVE TO PUBLIC COMMENT. >> THANK YOU, MADAM PRESIDENT. SARAH FOLLOWED BY NAELI. >> I'M A RESIDENT OF DISTRICT SEVEN. I AM AN AIRPORT ADVISORY BOARD MEMBER WHICH IS A NONCOMPENSATED HADDING. I'M HERE TO VOICE MY OPPOSITION TO THIS RESOLUTION. I THINK OUR AVIATION DEPARTMENT HAS DONE AN INCREDIBLE JOB MANAGING OUR ONCE IN A GENERATION AIRPORT RENOVATION. AND THE OBSERVATION DECK IS REALLY THE FINAL PIN IN THAT INCREDIBLE PROJECT THAT WE CAN COMPLETE. I HAVE FULL FAITH THEY CAN BRING THAT OVER THE FINISH LINE AND PROVIDE LEADERSHIP NEEDED. I DO THINK IT'S A LITTLE DISINGENUOUS TO SAY WE'RE LOOKING FOR INPUT FROM THE COUNCIL ON THIS. THE AVIATION DEPARTMENT ARE THE EXPERTS IN AIRPORT DESIGN. THEY'VE DONE INCREDIBLE RESEARCH TO TO THIS POINT. THEY HAVE A TRUSTED CONTRACTOR WHO CAN REALLY NAVIGATE AND MANAGE THE ADDITIONAL PROTOCOLS THAT ARE REQUIRED WHEN DOING WORK IN AN AIRPORT. THEY WORKED TO REALLY BRING US A LOCAL CONTRACTOR AND PROVIDE AN INCREDIBLE MUTUALLY BENEFICIAL RELATIONSHIP BETWEEN THEM. I THINK THAT WE SEE THAT IN WHAT WE'VE ALREADY SEEN OPEN IN THE AIRPORT AND THE INCREDIBLE NEW DEVELOPMENTS WE'VE HAD. I WOULD JUST URGE A NO VOTE ON THIS ONE. AND ALSO CONSIDER THAT THE SPACE THAT WE HAVE FOR THAT OBSERVATION DECK IS ALREADY SHELLED RIGHT THERE IN THE AIRFIELD. THERE'S NOT REALLY ANOTHER PLACE TO BUILD IT. I THINK THAT WE HAVE OUR SPACE AND IT'S RIGHT THERE. THAT'S IT. THANK YOU SO MUCH. >> LAELI FOLLOWED BY MARK. >> THANK YOU, CITY COUNCIL, FOR ALLOWING ME TO PARTICIPATE IN PUBLIC COMMENT FOR THIS RESOLUTION. I AM THE VICE CHAIR OF THE AIRPORT ADVISORY BOARD. I REPRESENT DISTRICT SIX. I AM IN OPPOSITION OF THE RESOLUTION, NOT BECAUSE I OPPOSE THE IDEA OF OBSERVESATION DECK, BUT BECAUSE IT HALTS THE PROJECT THAT HAS BEEN PROMISED, BUT WE ALREADY FUNDED AND NOW WE'RE TALKING ABOUT PULLING THAT MONEY BACK AND GETTING MORE STUDIES. FAMILIES AND AVIATION PEOPLE AND TRAVELLERS ASKED FOR THISP EXPERIENCE FOR DECADES. THIS PROJECT HAS ALREADY BEEN STUDIED FOR YEARS. ADDITION YEARS OF PROCESS AND BUREAUCRACY DO NOT MAKE US FISCALLY RESPONSIBLE. THEY MAKE US STAGNANT. IF WE WAIT FOR 90% DESIGN, WE'RE EFFECTIVELY SAYING WE DO NOT TRUST OUR OWN PROCUREMENT OR ENGINEERS OR OVERSIGHT SYSTEM. I HAVE PERSONALLY BEEN PRESENT THROUGHOUT THE RENOVATION PROCESS AT THE SUNPORT AND CAN STATE WITH ABSOLUTE CONFIDENCE THAT THE AVIATION DEPARTMENT HAS GONE ABOVE AND BEYOND TO KEEP THE PUBLIC INFORMED AT EVERY STEP. ADDITIONALLY, HAVING A CLOSELY FOLLOWED RENOVATION AT THE SUN PORT I CAN SAY THAT THEY HAVE DELIVERED EXCEPTIONAL WORK. THEY'RE NOT JUST A SUITABLE OPTION, THEY ARE THE MOST QUALIFIED AND CAPABLE PARTNER TO COMPLETE THE PROJECT. THE PUBLIC WANTS ACCESS AS SOON AS POSSIBLE. NOT ANOTHER REPORT. AND NOT ANOTHER INTERNAL STUDY. WE KNOW THE OBSERVATION DECK NEEDS TO SERVE THE COMMUNITY. WE ALREADY SET ASIDE THE FUNDS TO MAKE IT HAPPEN. LET'S MOVE FORWARD WITH ACCOUNTABILITY AND URGENCY. LET'S BUILD THE OBSERVATION DECK. THANK YOU FOR YOUR TIME. I URGE YOU TO MAKE THE RIGHT DECISION TONIGHT AND OPPOSE THIS RESOLUTION. THANK YOU. >> MARK FOLLOWED BY GEORGE. >> MADAM PRESIDENT, MEMBERS OF THE CITY COUNCIL, I AM A RESIDENT OF DISTRICT TWO. I SERVE AS THE CHAIR OF THE VOLUNTEER AIRPORT ADVISORY BOARD. I'M BEFORE YOU TODAY TO ASK YOU TO DEFEAT THE RESOLUTION UNDER CONSIDERATION. THE MOST EFFICIENT COURSE OF ACTION OF COMPLETION OF THE RENOVATION PROJECT IS TO DEFEAT THIS RESOLUTION. THE REASONS INCLUDE, ONE, BUILDING THE OBSERVATION DECK AS PLANNED MAINTAINS AND ACHIEVES COST EFFICIENCY BY UTILIZING EXISTING CONSTRUCTION RESOURCES ALREADY PRESENT AT THE AIRPORT. IT DOES NOT RESTART THE PROCUREMENT PROCESS AGAIN. AND ALLOWS THE PROJECT TO CONTINUE TO COMPLETION WITHOUT DELAY. IN THE CURRENT INFLATIONARY ENVIRONMENT, DELAY WOULD INCREASE CONSTRUCTION COSTS. FURTHERMORE, IT WOULD CERTAINLY DELAY COMPLETION OF THE SUNPORT CONSTRUCTION PROJECT BEYOND CALENDAR YEAR 2026. TWO, IT ALLOWS DEVELOPMENT OF STATE'S ALLOCATED OBSERVATION DECK, SITUATED IN THE BEST PLACE WITHIN THE SUNPORT. THE SPACE HAS BEGIN GUTTED AND READY FOR BUILD OUT. THE SPACE WILL ALSO BE AVAILABLE TO THE GENERAL PUBLIC TO VISIT WHETHER TRAVELING OR NOT. NONTRAVELLERS WILL BE ABLE TO VISIT THE OBSERVATION DECK THROUGH THE FORTHCOMING FLY PASS PROGRAM. INFORMATION ON THAT WILL BE FORTHCOMING IF IT BECOMES AVAILABLE. NUMBER THREE, UTILIZING THE EXISTING GENERAL CONTRACTOR AND EXISTING DESIGN TEAM WILL BE THE MOST EFFICIENT COURSE BECAUSE THE TEAM UNDERSTANDS THE UNIQUE SECURITY REQUIREMENTS TO OPERATE IN THE AIRPORT ENVIRONMENT, FAA PROCEDURES, PERMITTING REQUIREMENTS, AND THE NECESSARY EXPERIENCE. THEY ALSO MEET OTHER LOGISTICAL REQUIREMENTS AS ENSURING MANPOWER TO COMPLETE THE PROJECT. THANK YOU FOR YOUR CONSIDERATION. >> GEORGE FOLLOWED BY FRED. >> GOOD EVENING, AND THANK YOU MADAM PRESIDENT AND MEMBERS OF THE COUNCIL FOR THE OPPORTUNITY TO ADDRESS SOME CONCERNS I AM IN OPPOSITION OF THE RESOLUTION. BUT ALSO WOULD LIKE TO ADDRESS SEVERAL ISSUES THAT HAVE BEEN RAISED THAT I THINK WARRANT OUR ATTENTION. ONE IS THE ISSUES THAT WE HAD EXPERIENCED WITH CONTRACTORS BACK IN THE 90s. THIS IS MORE THAN 25 YEARS AGO. AND I THINK THAT THE WORK THAT HAS BEEN ACCOMPLISHED AT THE AIRPORT OVER THE PAST SEVERAL YEARS WITH THE RENOVATION IS A TESTAMENT THAT OUR CURRENT CONTRACTORS ARE FULLY CAPABLE OF PROCEEDING WITH THE RENOVATION OF THE OBSERVATION DECK IN ITS CURRENT LOCATION. AS TESTAMENT TO THIS, I THINK THE FACT THAT THE WASHINGTON POST HAS VOTED THE ALBUQUERQUE SUNPORT THE 7th BEST AIRPORT IN THE COUNTRY, THIS IS EVEN BEFORE WE FINISHED ALL OF OUR RESTAURANTS AND RETAIL FACILITIES. I HAVE CONFIDENCE OUR CONTRACTORS ARE ABLE TO FINISH THE JOB. I ALSO WANT TO ADDRESS THE CONCERN ABOUT PUBLIC ACCESS TO THE OBSERVATION DECK. THE PLAN IS THAT WE WILL HAVE PUBLIC ACCESS TO SECURITY. SO FAMILIES CAN ACOMPANY THE PUBLIC WITH ACCESS TO THE OBSERVATION DECK BUT ENJOY THE MEAL AND SHOP IN OUR OUTLETS. MOST OF WHICH ARE SMALL, LOCAL, NEW MEXICO ENTERPRISES. FINALLY, HAVING TO PASS THROUGH SECURITY I DON'T THINK IS GOING TO BE AN ISSUE AT ALL. I HAVE TRAVELED EXTENSIVELY. I CAN ASSURE YOU THAT ALL OBSERVATION DECKS IN OTHER AIRPORTS THAT HAVE PURELY GENERAL PUBLIC ACCESS HAVE THEIR OWN SECURITY. THIS WOULD NOT BE UNDUE BURDEN IF THE GENERAL PUBLIC HAS TO PASS THROUGH SECURITY TO ACCESS THE OBSERVATION DECK. THANK YOU VERY MUCH FOR YOUR TIME. >> FRED. >> GOOD EVENING, COUNCIL. I'VE SERVED ON THE AIRPORT ADVISORY BOARD FOR TWO TERMS. I'M HAPPY TO BE HERE THIS EVENING AND ADDRESS THE SITUATION. I WANT TO SAY THAT I ALSO OPPOSE THIS BILL. AND WITHOUT DUPLICATING EVERYTHING THAT MY FELLOW BOARD MEMBERS HAVE ALREADY SAID, I DO WANT TO SAY I THINK THE OBSERVATION DECK IS RIGHT NOW IS THE MOST PERFECT PLACE FOR IT. TO BE ON THE SOUTH SIDE OF THE TERMINAL WHERE IT IS. IT'S LITERALLY THE BEST VIEWING AREA. THERE REALLY ISN'T A BETTER AREA ANYWHERE ELSE IN THE AIRPORT. AND ALSO, THE PRIMARY CONCERN THAT THE ADDITIONAL COST IT WOULD MAKE TO START ALL OVER WITH SOMETHING TOTALLY DIFFERENT. I JUST WANTED TO SAY I OPPOSE THIS BILL AND WANT TO KEEP IT AS IS. KEEP IT GOING. I BELIEVE IN THE AIRPORT MANAGEMENT TEAM THAT THEY'RE DOING A FANTASTIC JOB. JUST KEEP IT GOING AS IS. THANK YOU VERY MUCH. >> THANK YOU, MADAM PRESIDENT. THAT CONCLUDES COMMENT. >>COUN. BASSAN: WE'RE PACK -- BACK ON R-200. AND FOR THE RECORD, COUNCILOR PEÑA IS ON ZOOM. COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, IMMEDIATEM PRESIDENT. JUST A FEW QUESTIONS. ONE IS ACTUALLY FOR COUNCILOR SANCHEZ. WHEN IT SAYS IN THERE THAT THE PLANS WILL BE SUBMITTED TO COUNCIL FOR APPROVAL, DOES THAT MEAN THEY'RE OPEN TO CHANGE BASED ON COUNCIL? >>COUN. SANCHEZ: RIGHT. >>COUN. CHAMPINE: LIKE IF I DON'T LIKE WHERE THESE CHAIRS ARE PUT, I CAN VOTE TO MOVE THEM? >>COUN. SANCHEZ: WE'RE LOOKING THAT IF IT'S A REASONABLE PROPOSAL, I THINK EVERYBODY IN HERE IS GOING TO BE REASONABLE WITH IT AND SAY YES. ALL I'M ASKING IS FOR THERE TO BE TRANSPARENCY, DUE DILIGENCE, MAKING SURE THAT THE ADMINISTRATION AND ALSO US AS COUNCILORS ARE DOING WHAT WE NEED TO DO TO MAKE SURE THAT THERE AREN'T COST OVERRUNS AND THE PROJECT ISN'T OVER DEVELOPED TO A POINT WHERE IT NEEDS TO BE. EVERY GATE IN THE AIRPORT IS AN OBSERVATION DECK. WE CAN SEE THE WHOLE ENTIRE AIRPORT FROM EACH GATE. AS IS. I THINK THAT'S ONE OF THE REASONS WHY THE PAST OBSERVATION DECK NEVER GOT USED. ALSO, YOU'RE LOOKING AT A SITUATION WHERE IT'S ACTUALLY POST-SECURITY. THERE WAS SOMETHING WE COULD DO TO HAVE IT PRE-SECURITY, I THINK IT WOULD BE ACCESSIBLE. I THINK WE SHOULD LOOK AT IT SO WE DON'T HAVE ANOTHER BOONDOGGLE ON OUR HANDS AND SOMETHING THAT DOESN'T GET SHUT DOWN OR REVISED OR REDONE. ONCE THEY GIVE US THE PLANS, WE'RE GIVING THEM $1.5 MILLION TO GIVE US AN ACCURATE DEPICTION OF WHAT WE'RE LOOKING AT. WE HEARD THE TESTIMONY LAST TIME WE'RE IN COUNCIL IN REFERENCE TO THE LAST ORDINANCE. ONE OF THE THINGS THAT WE HEARD IS WE DON'T KNOW HOW MUCH IT'S GOING TO COST. WE DON'T EVEN HAVE A FINAL COST. IT COULD BE AS MUCH AS BETWEEN $13 MILLION TO $20 MILLION IN COST. WE DON'T KNOW. I'M JUST ASKING EACH AND EVERY ONE OF US TO USE CAUTION TO MAKE SURE WE'RE DOING THE RIGHT THING AND HAVE THE RIGHT PLAN BEFORE WE EXECUTE. THAT'S THE BOTTOM LINE. IF THE ADMINISTRATION CAN GIVE US THE RIGHT PLAN WITHIN A COUPLE OF WEEKS, THEN WE ALL APPROVE IT, LET'S VOTE. IT'S BASICALLY IN THEIR HANDS AND ALL I'M ASKING IS BECAUSE WE'VE HADCONTROVERSY OVER THE YEARS AND MAKE SURE WE'RE DOING THE RIGHT THING AS A COUNCIL. I KNOW I'M GOING TO BE GONE SOON, BUT THE BOTTOM LINE IS MAKING SURE THAT WE ARE PROTECTING THE TAXPAYER DOLLARS. THAT'S WHAT THIS IS ALL ABOUT. >>COUN. CHAMPINE: MADAM PRESIDENT, ARE PLANS COMPLETED? DO WE HAVE BLUEPRINTS? >>COUN. BASSAN: MADAM CAO. >> MADAM PRESIDENT, COUNCILOR CHAMPINE, ACTING DIRECTOR MENRIQUEZ IS HERE AND CAN SPEAK TO WHERE WE ARE IN THE PROGRAM. >>COUN. BASSAN: GOOD EVENING, DIRECTOR. >> GOOD EVENING, MADAM PRESIDENT. I BELIEVE THE QUESTION CAME FROM YOU, COUNCILOR CHAMPINE? >>COUN. CHAMPINE: YES. ABOUT THE PLANS. >> SO, WE ARE RIGHT AT ABOUT THE 50% CONSTRUCTION DOCUMENT THRESHOLD. THE LAST TIME WE SPOKE WE WERE IN DESIGN DEVELOPMENT. WE'VE ACTUALLY BEEN MAKING A LOT OF PROGRESS SINCE THOSE MANY WEEKS HAVE PASSED. AND WE ARE EXPECTING TO BE AT 90% BY MID TO LATE DECEMBER. >>COUN. CHAMPINE: OKAY. THE REASON WHY I ASK THIS IS BECAUSE I THINK COUNCILOR SANCHEZ HAS A POINT IN THE SENSE OF THE LAST TIME THIS WAS BROUGHT UP THERE WAS ISSUES OF COST. THIS BODY IS RESPONSIBLE FOR COST. THAT'S WHAT WE DO. 50% OF OUR JOB. AND WHEN IT'S TALKED ABOUT OF HOW MUCH IS THIS GOING TO COST, WE KNOW FROM PAST PRACTICES OF THE ADMINISTRATION AND MANY OF THE CITY ENTITIES DOING STUFF THAT THIS PROJECT IS GOING TO COST X AMOUNT OF DOLLARS. I KNOW IT'S AN ESTIMATE. I JUST GOT A BRIEFING ON SPEED HUMPS IN MY DISTRICT FOR $64,000. AND THERE'S SEVEN OF THEM. IT'S ROUGHLY ABOUT 64. IT'S INTERESTING WHEN -- I'M GOING TO PICK ON YOU IN A SENSE THAT YOU STAND HERE AND SAY WE DON'T KNOW THE COST. WE ANY WE NEED $7 MILLION. THAT COULD BE HALF. IT COULD BE THIS OR THAT. BUT EVEN SOMETHING AS SIMPLE AS SPEED HUMPS, THEY DIDN'T SAY 64 IS MAYBE HALF, MAYBE LESS. IT'S RIGHT ABOUT 64. I GET HIS ISSUE WITH THE FACT THAT YOU CAN STAND UP HERE AND THE ADMINISTRATION SAYS WE DON'T KNOW THE COST. IT'S VERY ODD TO ME THAT THE AMOUNT OF STUFF THE CITY DOES AND THE AMOUNT OF MONEY WE SPEND, WE CAN'T SAY IT'S A ROUGH ESTIMATE. THAT'S AN ISSUE WITH ME AND MY DUTIES TO SAY, YES, GO AHEAD AND HAVE CART BLANCHE. BECAUSE IT COMES BACK AND SAYS, WE DIDN'T FORESEE THIS AND THIS AND IT'S GOING TO BE $25 MILLION. AND WE'VE ALREADY SPENT FOUR SO WE'RE NOT GOING TO BACK OUT OF THAT. IT'S A HUGE ISSUE TO ME. AS MUCH AS THE PUBLIC SAYS, IT'S NOT ABOUT THE CONSTRUCTION COMPANY. IT'S NOT ABOUT THE OBSERVATION DECK. IT'S NOT ABOUT THE LOCATION. IT'S DESIGNED FOR AN OBSERVATION DECK. IT'S RIDDLED WITH BAD HISTORY, THAT'S TRUE. WE'RE MOVING WITH SOMETHING POSITIVE AND BUILD OFF OF SOMETHING THAT WENT WRONG. IT'S THOUGHT THE SAME CONSTRUCTION COMPANY, COUNCIL OR ADMINISTRATION. IT IS NOT ABOUT THAT. IT'S ABOUT THE COST AND THE RESPONSIBILITY TO THE PUBLIC. IF IT'S $15 MILLION GIVE OR TAKE, THERE'S AN ISSUE. WITH THAT BEING 50% DONE WITH THIS, HOW ARE WE LOOKING WITH COST? >> COUNCILOR BASSAN, COUNCILOR CHAMPINE, I THINK ONE OF THE REASONS WHY WE'RE ENCOUNTERING THIS ISSUE WITH THIS PARTICULAR PROJECT IS BECAUSE WE'RE USING THE CONSTRUCTION MANAGER AT RISK. WHAT THAT MEANS IS WE BRING THE CONSTRUCTION COMPANY ON BOARD WHILE WE'RE IN DESIGN TO WORK HAND AND HAND WITH THE ARCHITECT TO ENSURE THAT THERE'S A SEAMLESS TRANSITION FROM DESIGN TO CONSTRUCTION. WE DON'T GO TO 100% CONSTRUCTION DRAWING AND BID IT AND WAIT FOR THE COST TO COME IN. WE DO WHAT'S CALLED A GUARANTEED MAXIMUM. YOU GET TO THE POINT WHERE THE CONSTRUCTION COMPANY IS COMFORTABLE SAYING WE BELIEVE IT'S GOING TO BE THIS AND THEY SET THE GMP. THIS IS A UNIQUE SITUATION WITH THE MODEL. WE HAVE THE CORE RENOVATION, AND THE CMO MODEL WORKS VERY WELL. THE INITIAL ESTIMATION WAS $87 MILLION. WE ONLY AMENDED THAT ONCE AND WENT TO $90 MILLION. THAT'S AMID ALL THE COST INFLATION WITH ALL THE MATERIALS. I THINK THE MODEL WE HAVE BEEN USING IN THE CORE PROJECT HAS PROVEN TO BE PROMISING TO CARRY THIS FORWARD INTO THE OBSERVATION DECK. I DO BELIEVE I SAID AT THE LAST SESSION WHEN WE DISCUSSED THIS THAT THE ROUGH ORD OF MAGNITUDE IS AROUND 10 TO $15 MILLION. I STAND BY THAT. BUT THE WAY YOU PHRASED IT, $15 MILLION GIVE OR TAKE, YOU CAN SAY IT THAT WAY TOO. WE HAVE TO SEE ONCE WE GET THE GMP IN PLACE WHERE THE CONSTRUCTION LANDS. THAT SAID, I SHARE THE SAME SENSE OF RESPONSIBILITY OF REALLY ENSURING WE MANAGE OUR RESOURCES WELL. WE DO HAVE FINITE RESOURCES. BUT WE DON'T HAVE ALL THE MONEY IN THE WORLD. WE HAVE TO SPEND IT WISELY. ONE WAY TO CONTROL THE COST VALUE ENGINEER. ONCE WE GET GMP IF IT'S JULY WE LOOK AT THE LIST OF AMENITIES AND FINISHES, AND WE MAY CUT THINGS BACK. WE DID THAT WITH THE CORE RENOVATION PROJECT AS WELL. JUST TO MAKE SURE WE'RE KEEPING IT WITHIN THE BUDGET THAT WAS MANAGED BEFORE US. AND MANAGE ALL OF THE OTHER PROJECTS WE DO ACROSS THE AIRFIELD. >>COUN. CHAMPINE: MADAM PRESIDENT, DIRECTOR, IS THIS THE FIRST TIME WE'VE USED THIS PROGRAM OR HAVE WE USED IT THROUGHOUT IT? OBVIOUSLY THE RENOVATION IS WITHIN THE AIRPLANE. YOU USE THIS PROGRAM. SO, DR. SENGEL, HAS THIS BEEN USED BEFORE? >> MADAM PRESIDENT, COUNCILOR CHAMPINE, WE HAVE USED IT BEFORE. AND COO MONTOYA CAN ADDRESS THIS HOW OFTEN WE USE IT. >> MADAM PRESIDENT, COUNCILOR CHAMPINE, I BELIEVE WE'VE HAD TWO PROJECTS IN THE LAST THREE TO FOUR YEARS. >>COUN. CHAMPINE: MADAM PRESIDENT, HOW CLOSE DID THAT COME IN TO WHAT WAS PLANNED FOR? >> MADAM PRESIDENT, COUNCILOR CHAMPINE, THEY CAME WITHIN THE DOLLAR AMOUNT THAT WAS EARMARKED. WHEN WE VALUE ENGINEER AND DESIGN THE BUILD, WE KNOW WHAT OUR EXPENSES ARE AS WE'RE DESIGNING WE BILL THOSE EXPENSES TO KNOW WHAT THE BUDGET IS. WE IDENTIFY THOSE. >>COUN. CHAMPINE: DIRECTOR, IS THERE A SHRINKAGE PERCENTAGE YOU'RE ABLE TO ACCEPT? 2% OR 3% OFF THE ORIGINAL PRICE? >> MADAM PRESIDENT, COUNCILOR CHAMPINE, WE USE A THRESHOLD OF ANYWHERE BETWEEN 3% AND 5%. >>COUN. CHAMPINE: THANK YOU. >>COUN. BASSAN: COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MADAM PRESIDENT. WAS THE OBSERVATION DECK OF THE AIRPORT MASTER PLAN? >>COUN. BASSAN: DOCTOR. >> COUNCIL PRESIDENT, COUNCILOR GROUT, THE AIRPORT MASTER PLAN IS ACTUALLY A DOCUMENT THAT ENVISIONS A COUPLE OF THINGS. ONE IS AIR SERVICE CAPACITY. AND THE OTHER ONE IS LAND USES. IT DOESN'T GET INTO HIGHLY MINUTE DETAIL OF THE AMENITIES INSIDE THE TERMINAL BUILDING. TYPICALLY WE HAVE A PROCESS CALLED THE AIRPORT LAYOUT PLAN. ANY TIME WE MAKE MAJOR CHANGES TO THE LAYOUT, WE DO A PEN AND INK AMENDMENT. AND WE SUBMIT THAT TO THE FAA FOR REVIEW AND AUTHORIZATION. IN THIS CASE, THE FOOTPRINT OF THE NEW OBSERVATION DECK WILL BE ONLY SLIGHTLY LARGER THAN THE CURRENT OBSERVATION DECK. THERE'S REALLY NO NEED TO CHANGE THE AIRPORT LAYOUT MASTER PLAN. THAT SAID, WE MET WITH THE FAA SEVERAL TIMES TO GO OVER THE RENOVATION PROJECT BECAUSE WE SOUGHT FUNDING FROM WHAT'S CALLED PASSENGER FACILITY CHARGES. THE FAA HAS TO RELEASE TO US IN ORDER TO DO CAPITAL PROJECTS. HAVING REVIEW THE PROJECTS , THE FAA RELEASED $60 MILLION. THEREFORE, PAYING ABOUT TWO-THIRDS OF THE CORE RENOVATION PROJECT. WE'VE BEEN VERY CLOSE CONVERSATION WITH THE FAA. >>COUN. GROUT: THANK YOU. >>COUN. BASSAN: COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MADAM PRESIDENT. DIRECTOR, CAN YOU TALK A LITTLE ABOUT -- I HAVE THE PLEASURE OF WORKING WITH YOUR TEAM CLOSELY ON THE REMODEL AND CONCESSIONS AND ALL OF THE THINGS. THE TIGER TEAM. GO TIGER TEAM. I KNOW THIS VERY INTIMATELY. CAN YOU TALK ABOUT THE COMMUNITY ENGAGEMENT THAT WENT INTO THIS? >> ABSOLUTELY. >>COUN. ROGERS: THERE WAS EXTENSIVE COMMUNITY ENGAGEMENT. THAT'S WHY I VOTED NO. DON'T COME FOR ME THAT I USUALLY ALWAYS VOTE YES ON COMMUNITY ENGAGEMENT. IT'S BECAUSE I KNOW WHAT'S ALREADY BEEN DONE. >> COUNCILOR BASSAN, COUNCILOR ROGERS, THERE WERE VARIOUS FORMS OF COMMUNITY ENGAGEMENT. ONE WAS THAT WE HELD A COUPLE OF PUBLIC EVENTS AROUND SOME OF THE CONNECTED EFFORTS TO THE GENERAL FLIGHT RENOVATION PROJECT. THAT'S THE CORE CONCESSIONS REDEVELOPMENT AND ABQ PROJECT YOU SUPPORTED US ON. IN THE PROCESS OF THAT, WE REALLY EXPRESSED OUR INTENTIONS AS FAR AS RENOVATION. TALKED A LOT ABOUT THE AMENITIES WE WOULD BE ADDING. WE DID TALK ABOUT THE OBSERVATION DECK. WE TALKED ABOUT ALL THE LOCAL BUSINESSES WE'RE GOING TO BE BRINGING IN. WE ALSO HELD BRIEFINGS FOR ALL OF OUR PARTNERS. TSA, WE HAVE A LARGE BODY OF VOLUNTEERS. I PERSONALLY DID MANY, MANY TELEVISION AND NEWSPAPER INTERVIEWS AND ALWAYS WANTED TO MAKE SURE WE GOT THE WORD OUT ABOUT THE VISION OF THE RENOVATION, INTENT TO ENHANCE THE CUSTOMER EXPERIENCE, AND WE WERE GOING TO BRING A LOT OF LOCAL PARTNERS. THROUGH THAT, WE WERE ALSO ABLE TO EXPRESS JUST HOW PROUD WE WERE TO WORK WITH THE LOCAL COMPANIES AND A LOT OF THE SUBCONTRACTORS. I THINK THROUGH THE MEDIA, THROUGH PUBLIC MEETINGS, THROUGH ALL OF THE DIFFERENT ENGAGEMENTS WE'VE DONE WITH OUR PARTNERS IT'S A PRETTY EXTENSIVE PROCESS. >>COUN. ROGERS: THANK YOU, MADAM PRESIDENT. I KNOW THE LAST TIME WE DISCUSSED THIS AS A COUNCIL, COUNCILOR SANCHEZ GAVE SUGGESTIONS ON WHERE ELSE WE COULD USE THIS FUNDING. AND I UNDERSTAND THIS IS AN ENTERPRISE FUND, BUT I GOT LOT OF EMAILS ABOUT THIS PARTICULAR LINE OF QUESTIONING DURING THE LAST MEETING THAT PERHAPS WE COULD USE IT FOR HOMELESSNESS OR OTHER THINGS. MY UNDERSTANDING OF AN ENTERPRISE -- FUND FOR OTHER COUNCILORS, CAN YOU EXPLAIN THE ENTERPRISE FUND THAT THE MONEY CANNOT BE SPENT IN OTHER PLACES? >> ABSOLUTELY. I'M GLAD YOU ASKED THAT QUESTION. THIS IS OF CRITICAL IMPORTANCE, COUNCILOR BASSAN, COUNCILOR ROGERS. LET ME START A LITTLE BIT OF HISTORY. IN THE EARLY DAYS OF AVIATION, THE U.S. GOVERNMENT DECIDED THAT AIRPORTS WOULD PAY FOR THEMSELVES. SO, OVER THE DECADES, LEGISLATION HAD BEEN PASSED THAT STIPULATES THAT ONLY AIRPORT RESOURCES CAN PAY FOR AIRPORT PROJECTS. THEREFORE THE FEDERAL GOVERNMENT DECIDED TO HELP TO PAY FOR THAT. ESSENTIALLY, SUBSIDIZE AIRPORT PROJECTS THROUGH GRANT FUNDING. IT IS BECAUSE OF THAT GRANT FUNDING THAT THE FAA REQUIRES THAT AIRPORTS CANNOT SPEND ANY OF ITS OWN REVENUE ON PROJECTS OUTSIDE OF THE AIRPORT BECAUSE THESE GRANTS WILL FLOW THROUGH THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, THEY'RE FEDERAL DOLLARS SPECIFICALLY TO SUPPORT THE AIRPORT. THEY DON'T WANT TO SUBSIDIZE OTHER MUNICIPAL GOVERNMENTS, STATE GOVERNMENTS, WHATEVER IT MAY BE, ACTIVITIES OUTSIDE OF THE AIRPORT. AND THEY ALSO REQUIRE THAT THE FEES THAT ARE CHARGED -- SO WHEN YOU GET TO RENT A CAR, OR YOU USE PARKING FACILITY OR BUY AN AIRPLANE TICKET THAT ORIGINATES AT THE AIRPORT, THOSE ALL GO INTO AND STAY IN THE AIRPORT FUND AND THEY'RE REINVESTED TO MAKE SURE THE PASSENGER FACILITIES ARE SAFE, COMFORTABLE AND THE AIRFIELD IS MAINTAINED EFFICIENTLY AND EFFECTIVELY. >>COUN. ROGERS: THANK YOU. HOPEFULLY THAT ANSWERS ALL THE FOLKS EMAILING ME THAT QUESTION. THANK YOU, MADAM PRESIDENT. >>COUN. BASSAN: COUNCILORS, ANY OTHER QUESTIONS OR COMMENTS IF YOU HAVEN'T SPOKEN. I HAVE A COUPLE THINGS TO ADD. I WANT TO SAY THAT I HAVE A COUPLE QUESTIONS FOR MR. LEMINI IF HE'S AVAILABLE. >> I AM AVAILABLE. >>COUN. BASSAN: GOOD EVENING, SIR. YOU SAID YOU'RE THE CHAIR OF THE ADVISORY BOARD? >> YES, MA'AM. >>COUN. BASSAN: CAN YOU TELL EVERYONE HOW MANY PEOPLE SERVE ON THAT BOARD AND HOW MANY VACANCIES YOU HAVE? >> WE HAVE GONE THROUGH QUITE A BIT OF CHANGE IN OUR MEMBERSHIP THIS YEAR. FORGIVE ME IF I'M NOT EXACT IN THE NUMBERS. WE HAVE THREE NEW MEMBERS THAT JUST JOINED IN THE PAST 30 TO 60 DAYS. I BELIEVE WE HAVE -- I WANT TO SAY WE HAVE SIX MEMBERS. AND NO VACANCIES AT THE MOMENT. >>COUN. BASSAN: OKAY. SO, I'M NOT HOLDING YOUR FEET TO THE FIRE. I WAS CURIOUS AS WELL. I THOUGHT FROM WHAT I HAD ASKED STAFF TO LOOK INTO IS -- IT'S SIX FEEL. NOT NINE PEOPLE IS WHAT THEY SAID. BUT THERE ARE ALSO NO VACANCIES. I THINK A COUPLE ARE SERVING EXPIRED TERMS, WHICH IS COMPLETELY OKAY. THE NEXT QUESTION IS DID THE BOARD DISCUSS THIS AND TAKE A VOTE? OR WERE THE SPEAKERS TONIGHT SPEAKING ON THEIR OWN BEHALF? >> NO, THE BOARD DID NOT DISCUSS THIS TOPIC AT ANY MEETING. OUR LAST MEETING WAS HELD ON THE THIRD THURSDAY OF OCTOBER. THAT LAST MEETING WAS IN OCTOBER. WE HAVEN'T HAD ONE FOR NOVEMBER. THAT'S SET FOR THIS THURSDAY. NO. WE DID NOT HOLD A MEETING TO DISCUSS THIS IN ADVANCE. I THINK THE VARIOUS MEMBERS OF THE BOARD FEEL -- I SHOULD CLARIFY, SOME FOLKS THAT SPOKE TODAY WERE FORMER MEMBERS OF THE BOARD. AND SOME THAT SPOKE TODAY WERE CURRENT MEMBERS OF THE BOARD. WE HAVE A MIX OF FOLKS AND OBVIOUSLY OPINION. >>COUN. BASSAN: THANK YOU FOR ANSWERING SOME OF THOSE QUESTIONS. THAT'S ALL I HAVE FOR YOU. I HAVE A COUPLE OF OTHER THINGS THOUGH. I WANT TO SAY THE NORTH DOMINGO AQUATIC CENTER IS USING CMR. AS FABULOUS AS IT IS IT'S FLEXIBLE. WITH ALL FLEXIBILITY HAS PROS AND CONS INCLUDING FUNDING AND HOW THAT'S GOING TO WORK. THERE'S BENEFITS AND RISKS. THE BENEFITS OUTWEIGH THE RISK. I THINK IN WHAT I LEARNED ABOUT IT ALL, IN ADDITION TO THE FACT THAT CMR AVIATION IS GOOD. I BELIEVE LOS ALTOS USED ONE AS WELL. THOSE ARE SOME OF THE BIG PROJECTS THAT USED CMRs. LASTLY, I WILL SAY I NEVER SUPPORTED THIS BILL TO BEGIN WITH. JUST TO GET THAT OUT THERE. I WAS AT THE AIRPORT THIS LAST WEEKEND. IT WAS LOVELY. IT'S COME A LONG WAY. SOMEBODY ASKED ME WHERE TO EAT, I SAID HONESTLY I DON'T KNOW YET BECAUSE I HAVEN'T TRIED IT ALL. THERE'S GREAT PLACES TO GO. I WOULD HATE TO HOLD IT UP. I THINK THE OBSERVATION DECK IS FINE. I THINK THE CONTRACTORS ARE FINE. I THINK WHAT HAPPENED -- WE'VE ALWAYS HEARD IF YOU DON'T KNOW ABOUT HISTORY YOU'RE DESTINED TO REPEAT YOURSELF. IT SEEMS LIKE EVERYONE IS PRETTY CLEAR ON THE HISTORICAL EVENTS. IF NOT, IT SEEMS LIKE SOME OF THE HISTORY IS RADILY AVAILABLE. I WANT TO SEE THE AIRPORT FINISHED. IT'S COME FURTHER THAN I THOUGHT IT WOULD BY NOW. I'M EXCITED ABOUT THAT. I'M ALSO EXCITED TO SEE IT FINISHED SO WE CAN REALLY TRULY WELCOME PEOPLE TO THE FULLEST. LASTLY, WHETHER THEY'RE FORMER MEMBERS OR CURRENT MEMBERS, TEASE -- THESE ARE MEMBERS WE APPOINT TO THE BOARDS. IF WE DON'T TRUST THEIR OPINIONS, WHY DO WE HAVE THE BOARD? COUNCILOR CHAMPINE, YOU'RE NEXT. >>COUN. CHAMPINE: THANK YOU. JUST A COUPLE FOLLOW UP QUESTIONS. OUT OF CURIOSITY. I DON'T KNOW CMRs AND UNDERSTAND THEM COMPLETELY. OUT OF CURIOSITY, YOU SAID, DIRECTOR, YOU'RE 50% FINISHED PLANNING. WHEN DO YOU PROJECT TO BE 100%. >> SURE, ABOUT MID TO LATE DECEMBER IS 90%. THAT IS WHEN THE GENERAL CONTRACTOR WHO IS ACTUALLY THE CONSTRUCTION MANAGER IN THIS CASE WILL BEGIN ESTABLISHING THEIR GUARANTEED MAXIMUM PRICE. THEY WILL COME BACK THREE TO FOUR WEEKS WHEN THEY RECEIVE THEIR 90% CONSTRUCTION DOCUMENTS WITH THE GMP. >>COUN. CHAMPINE: SO YOU'RE LOOKING AT THE FIRST OF THE YEAR? >> AROUND THE FIRST HALF OF JANUARY. >>COUN. CHAMPINE: OKAY. IS THERE -- JUST OUT OF CURIOSITY. I KNOW THERE'S A LOT OF QUESTIONS AND INFORMATION FLYING AROUND. IS THERE ANY WAY TO SAY -- I'M BEING STINGY. I DON'T KNOW IF YOU WANT TO DO IT HERE OR ON A ONE-ON-ONE BASIS. WHEN THAT IS FINISHED CAN YOU PRESENT THAT TO YOU US TO SHOW THE PROCESS AND WHAT THE COST IS MOVING FORWARD? I THINK A LOT OF THIS IS -- THE ISSUE RIGHT NOW AS I SAID EARLIER IS THE LACK OF INFORMATION THAT WE HAVE IN THE SENSE OF UNDERSTANDING THESE. THERE ARE COUNCILORS ON HERE THAT UNDERSTAND THEM THOROUGHLY, AND THERE'S SOME THAT AREN'T. IS IT SOMETHING -- I DON'T WANT TO HOLD UP THE PROCESS. THAT DOES NEED TO BE DONE. IT NEEDS TO BE FINISHED TO MOVE ON AND HAVE A NICE AIRPORT. IS THERE A WAY TO COME BACK AND SAY HERE'S THE NEXT PROCESS? BUT NOT IMPEDE WITH THE ACCOMPLISHMENT? >> COUNCILOR BASSAN, COUNCILOR CHAMPINE, I DO KNOW THAT FROM TIME TO TIME A DIRECTOR WILL GIVE A PRESENTATION ABOUT A SPECIFIC EFFORT. I'D BE MORE THAN WILLING TO STAND HERE AND DELIVER THE PRESENTATION. OF COURSE WE NEED TO CONSULT WITH MY LEADERSHIP ON THE 11th FLOOR. I CAN TELL YOU THAT I DO SEE THIS AS AN OPPORTUNITY, REALLY, TO EDUCATE THE PUBLIC AND TO MAKE SURE EVERYBODY UNDERSTANDS THE WAY THAT AIRPORT FINANCE AND PLANNING WORKS AS OPPOSED TO THE WAY THAT THE GENERAL FUND WORKS. BECAUSE I DON'T WANT THE IMPRESSION OUT THERE IN THE PUBLIC TO BE THAT WE'RE SPENDING ALL THIS MONEY WILLY-NILLY AND IT CAN BE USED FOR OTHER THINGS. THE FACT IS WE'RE UNDER FEDERAL OBLIGATION. THAT'S A KEY POINT THAT IS ALWAYS HELPFUL TO GET ACROSS? AM -- THE OTHER PROCESS FOR TAKING IN THE PUBLIC COMMENT WE GET, WE GET A LOT OF FEEDBACK FROM PASSENGERS AND THE PUBLIC, AND HOW WE INCORPORATE THAT INTO THE VISION. THAT IS VERY MUCH AN ITERATIVE PROCESS. THERE'S AN OPPORTUNITY TO COME BEFORE YOU AND DISCUSS IT. >> MADAM PRESIDENT, DIRECTOR, THIS JUST POPPED INTO MY HEAD. THIS IS FEDERAL MONEY. IT'S GENERATE HERE BUT GUIDED THROUGH POLICIES. CAN WE TELL YOU HOW TO USE THAT MONEY? >> COUNCIL PRESIDENT, COUNCILOR CHAMPINE, IT'S REALLY A MIX OF RESOURCES. FUNDS THAT BOTH THE AIRPORT RAISES THROUGH THE SERVICES IT PROVIDES AND THE BIGGEST SOURCES OF THOSE FUNDS ARE PARKING STRUCTURE, RENTAL CAR FACILITY FEES, ALL THE RENT THAT ALL OF OUR VARIOUS PARTNERS PAY US INCLUDING THE CONCESSIONS AND THE FEES ATTACHED TO A TICKET THAT ORIGINATES FROM ABQ TO ANY OTHER AIRPORT. THAT WHOLE TRENCH OF MONEY THAT GOES INTO OUR ACCOUNT, OUR ENTERPRISE FUND, AND WE SUPPLEMENT THAT WITH THE GRANT FUNDING WE RECEIVE FROM THE FAA. WE'RE NEVER QUITE GUARANTEED A CERTAIN AMOUNT. WE CAN USUALLY COUNT ON A SIGNIFICANT PORTION OF OUR CAPITAL PROJECTS BEING FUNDED BY THE FEDERAL GOVERNMENT. >>COUN. CHAMPINE: I GUESS, MADAM PRESIDENT, IT IS OBVIOUS THAT THE ADMINISTRATION COMES UP WITH THIS IDEA AND SAYS HERE'S WHERE WE'RE DIRECT IT AND ASSIGNED PEOPLE WHERE TO DIRECT IT EVEN THOUGH IT'S FAA CONTROLLED AND FEDERALLY CONTROLLED. THAT ANSWERS THAT PART OF MY QUESTION. THANK YOU, MADAM PRESIDENT. >>COUN. BASSAN: COUNCILOR LEWIS. >>COUN. LEWIS: THANK YOU, MADAM PRESIDENT. HOW LONG WOULD THIS ACTUALLY HOLD YOU OUT? WOULD IT HOLD YOU UP AT ALL? >> COUNCILOR BASSAN, COUNCILOR LEWIS, I WOULD ESTIMATE NINE MONTHS TO A YEAR. THE REASON I WOULD ESTIMATE THAT IS BECAUSE AS I THINK WE ALL KNOW STUDIES THAT ARE OF A PRETTY SIZABLE NATURE, YOU'RE TALKING ABOUT EXPENDING QUITE A BIT OF RESOURCES. WE ALSO HAVE PROCUREMENT TO GET THE ENTITY ON BOARD THAT WILL CONDUCT THE STUDY. ALSO, IF WE'RE DIRECTED TO USE A DIFFERENT CONSTRUCTION COMPANY OR SWITCH DESIGNERS MID-STREAM, THERE'S ANOTHER PROCUREMENT THAT HAS TO TAKE PLACE. THAT CAN ADD AT LEAST SIX MONTHS TO THE PROCESS. THAT'S JUST AN EDUCATED GUESS. >>COUN. LEWIS: MADAM PRESIDENT, THAT'S FAIR ENOUGH. I THINK THERE'S PROBABLY DIFFERING OPINIONS ON THAT. I THINK THAT IN OTHER CASES SOME EXTRA STEPS, PROCUREMENT, SOME OF THE THINGS COULD GO MUCH QUICKER AND COULD GO QUICKER THAN THE PROCESS YOU HAVE RIGHT NOW. POSSIBLY COULD RUN INTO ISSUES AND CHALLENGES WITH THE PROCESS YOU HAVE RIGHT NOW. I THINK A MATTER OF WEIGHING SOME EXTRA CHECKS AND BALANCES IN THIS REGARD AND CERTAINLY THE COUNCIL HAS A ROLE IN THAT. -- IT MIGHT BE BENEFICIAL TO THE OVERALL PRODUCT THAT TAXPAYERS GET, THAT THE AIRPORT GETS. AND YOU KNOW, YOU HAVE TO JUMP THROUGH HOOPS IN A LOT OF WAYS. THIS IS ONE OF THEM. IT PRODUCES A BETTER BENEFIT FOR THE CITY. I THINK IT'S A GOOD THING. ALSO, REGARDLESS IF WE DO SOME EDUCATION WHEN IT COMES TO HOW THE AIRPORT IS OPERATED, I THINK THAT WOULD BE A GOOD THING. IT SHOULD INCLUDE THE FACT THAT THE UPGRADES HAVE COST ALL THE CITY TAXPAYERS MONEY. IT COMES FROM PEOPLE'S POCKETS. IT COMES FROM THE HARD WORK FROM THE PEOPLE OF ALBUQUERQUE. WHEN YOU RAISE THE -- WHEN THE CITY RAISES THE PARKING FEES IN THOSE STRUCTURES, THOSE ARE DOLLARS THAT CITY TAXPAYERS SEND. ESPECIALLY IF THEY USE THE OBSERVATION DECK. YOU'RE GOING TO PARK IN THAT LONG-TERM OR SHORT-TERM PARKING GARAGE THAT WENT UP PRETTY SIGNIFICANTLY OVER THE LAST YEAR AS AN ENTERPRISE YOU HAVE THE ABILITY TO BE ABLE TO RAISE THOSE FEES. AND THOSE I THINK CAME BEFORE US. BUT THAT WAS A PART OF THE BUDGET LAST YEAR. SO THOSE FEES ARE RAISED. SO IT COST A LITTLE BIT MORE MONEY OUT OF THE POCKETS OF TAXPAYERS AND THE CITY OF ALBUQUERQUE TO PICK UP THEIR FAMILIES OR LEAVE THEIR CAR WHEN THEY'RE FLYING TO PHOENIX OR SOMEWHERE ELSE. ALL OF THIS PAYS FOR THE OBSERVATION DECK. IT PAYS FOR EVERYTHING. YOU'VE GOT A LOT OF BEAUTIFUL THINGS AT THE AIRPORT. BUT THAT SHOULD BE A PART OF THE EDUCATION. AN ENTERPRISE SHOULD NEVER BE BECAUSE WE'RE ENTERPRISE AND BECAUSE OUR COST IS DIRECTLY RELATED TO REVENUES SPECIFIC THINGS THAT SOMEHOW WE'RE GIVEN MORE FREEDOMS OR LESS ACCOUNTABILITY IN ANY WAY LESS TRANSPARENCY IN THAT REGARD. I WOULD WELCOME A LITTLE BIT MORE OF A PROCESS LIKE THIS. THANK YOU, MADAM PRESIDENT. >>COUN. BASSAN: MADAM CAO. >> IT MIGHT NO LONGER BE GERMANE, I WANTED TO MENTION TO COUNCILOR CHAMPINE WE'RE OPEN TO HAVING DISCUSSIONS AROUND CMAR AND ENTERPRISE FUNDING. IT WAS INFORMATIVE FOR ME. THEY DID A FULL UNDERSTANDING OF THE AVIATION DEPARTMENT AND FUNDING AND THE PROCESSES. I WANTED TO MAKE THAT OFFER. I THINK I'VE HAD EXTENSIVE EXPERIENCE WITH CMAR WITH PREVIOUS ROLES AND FOUND IT IS EXCEPTIONALLY -- IT GIVES FLEXIBILITY BUT STILL HAS VERY CLEAR PROCESSES AND STEPS THAT CAN REVEAL QUITE A BIT OF INFORMATION IF WE'RE ABLE TO WALK THROUGH THAT WITH YOU. ANY COUNCILOR THAT IS INTERESTED IN EITHER OF THOSE, WE'RE HAPPY TO. SINCE WE HAVE POTENTIALLY -- WE'LL HAVE ONE NEW CITY COUNCILOR. WE'LL MAKE THE SAME OFFER. >>COUN. CHAMPINE: THANK YOU, MADAM CAO FOR THAT. I WOULD LOVE TO TAKE YOU UP ON THAT OFFER AND UNDERSTAND IT MORE. >>COUN. BASSAN: COUNCILOR SANCHEZ, I KNOW YOU HAD A COMMENT. IF YOU WANT TO USE THIS AS YOUR CLOSE. >>COUN. SANCHEZ: OKAY. THANK YOU. I JUST WANTED TO SAY THAT THE DOLLAR AMOUNT WE STILL HAVE NOT HEARD IT OR CLOSE TO IT. WE'VE HEARD THAT EARMARKED AMOUNTS ARE VERY CLOSE USING THE CMAR PROCESS. WE DON'T EVEN KNOW WHAT THE EARMARK AMOUNT IS. IF YOU CAN GIVE US THAT, I MEAN, WE'RE GOOD. IF YOU'RE SAYING THERE'S 50% DESIGNED, MY BILL SAYS THE DESIGN 50% COMPLETE. IF YOU'RE READY TO GIVE US THAT INFORMATION, THEN LET'S HAVE IT. BUT RIGHT NOW WE DON'T KNOW IF IT'S GOING TO COST $15 MILLION, $13 MILLION OR $20 MILLION. WE HAVE NO IDEA, STILL NO CLUE. THAT'S THE BIGGEST POINT I'M LOOKING AT. I DON'T WANT TO BE IN AN AREA WHERE WE'RE GOING TO BE LIKE I TOLD YOU SO, WE SHOULD HAVE DONE THIS. NOW WE ARE IN THE FOURTH BIG CONTROVERSY OF THE OBSERVATION DECK. TO HAVE SOMETHING TO OCCUR AGAIN WOULD LOOK LIKE -- WOULD LOOK TO THE PUBLIC THAT WE AS CITY COUNCILORS AND WE AS THE CITY OF ALBUQUERQUE HAVE POOR DUE DILIGENCE WHEN IT COMES TO THEIR SATISFACTION AND WHAT THEY NEED US TO BE DOING. IT WOULD BE BETTER TO BE SAFE THAN SORRY TO UNDERGO A SOLID DESIGN PROCESS WITH ALL OF THE TRANSPARENCY THAT WE FEEL WE'RE COMFORTABLE WITH. THAT'S ALL THIS BILL IS. IT'S BASED ON TRANSPARENCY AND MAKING SURE THAT WE DON'T HAVE THE SAME ISSUES OCCUR AGAIN. AND LIKE I SAID, THAT'S ALL THIS BILL IS ABOUT. IT'S ABOUT TRANSPARENCY, OUR DUE DILIGENCE, AND OUR RESPONSIBLE -- LIKE COUNCILOR CHAMPINE SAID, FISCAL RESPONSIBILITY TO THE PUBLIC. THAT'S WHAT THIS PILL -- BILL IS ALL ABOUT. IF WE PASS THIS BILL, I THINK WE'RE SHOWING FISCAL RESPONSIBILITY. IF WE DON'T, THEN THAT'S GOING TO BE HELD IN QUESTION. PROBABLY FROM HERE UNTIL THE NEXT 20 OR 30 YEARS IF THERE'S A CONTROVERSY. WITH THAT, I URGE YOUR SUPPORT. THANK YOU. >>COUN. BASSAN: THE MOTION IS FOR R-200 AS AMENDED. [ ROLL CALL ]. >>COUN. BACA: NO. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: NO. >>COUN. LEWIS: YES. >>COUN. PEÑA: -- YES. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: NO. >> FAILS ON A 4-5 VOTE. >>COUN. BASSAN: WE'LL TAKE A QUICK BREAK AND COME BACK AT 7:35. [ RECESS ]. >>COUN. BASSAN: ALL RIGHT, EVERYONE. WE'RE BACK. WE'RE CURRENTLY ON AGENDA ITEM FINAL ACTIONS. COUNCILOR SANCHEZ BY REQUEST. R-203. >>COUN. SANCHEZ: THANK YOU, MADAM PRESIDENT. R-203 IS ADOPTING A TEXT AMENDMENT TO THE WEST END MASTER PLAN FRAMEWORK PLAN TO CHANGE THE LAND USE DESIGNATION FROM EDUCATION TO RESIDENTIAL ON TRACK M-1-B CONTAINING 60 UNDEVELOPED ACRES INCLUDING CHANGES TO LAND USE TABLES AND EXHIBITS, SO MAPS REFLECT BOTH LAND AND SPLIT M-1 INTO M-1-A AND M-1-B. MOVE DO PASS. >>COUN. BASSAN: THERE'S A MOTION AND SECOND BY COUNCILOR FIEBELKORN. R-25-203 IS A QUASI-JUDICIAL REQUEST. IT ALLOWS THE STAFF, PUBLIC, THE ABILITY TO SPEAK. PLANNING STAFF WILL HAVE A PRESENTATION OF FIVE MINUTES. TESTIMONY OF PUBLIC SPEAKERS, REBUTTAL BY THE APPLICANT FOR FIVE MINUTES, CROSS EXAMINATION BY WHO SPOKE DURING PUBLIC COMMENT. COMMENT BY THE PLANNING DEPARTMENT. AND COUNCIL PLANNING STAFF WILL HAVE CLOSING COMMENTS IF ANY AT FIVE MINUTES. CITY STAFF, MEMBERS OF THE PUBLIC, AND THE APPLICANT MUST BE SWORN IN. IF YOU WILL BE SPEAKING TO THIS ITEM AS A STAFF MEMBER OR MEMBER OF THE PUBLIC RAISE YOUR RIGHT HAND. DO YOU AFFIRM UNDER PENALTY OF PERJURY YOUR TESTIMONY TODAY WILL BE TRUE? THANK YOU. MR. COX, PLEASE BEGIN YOUR INTRODUCTION. >> COUNCIL PRESIDENT, COUNCILORS, R-25-230 WESTLAND MASTER PLAN AMENDMENT. I'M GOING TO GO THROUGH WHAT HAPPENED BRIEFLY AND REALLY THE POINT OF THIS PLAN. REALLY, THE AMENDMENT IS LOOKING AT THE WESTLAND MASTER PLAN LAND USE MAP AND THE AREA YOU SEE CIRCLED IN RED IS WHAT THE PORTION OF THE PROPERTY THAT WE'LL BE TALKING ABOUT TODAY WHICH WAS FORMALLY OWNED BY APS AND HAS NOW BEEN SOLD TO A LOCAL HOME DEVELOPER. BUT IT'S BEEN THE WEST MESA JUST NORTH OF NUSENDA COMMUNITY STADIUM. AND REALLY NEAR THE OXBOW GEOGRAPHIC FEATURES. THIS PLAN IS NOT AMENDING ZONEING. IT'S AMENDING THE LAND USE. THE EXISTING ZONING IN THE AREA IS PD-A. OR PLANNED DEVELOPMENT AREA. WHICH ALREADY ALLOWS RESIDENTIAL AS WELL AS EDUCATIONAL LAND USE THAT THE LAND USE MAP HAD. SO, BECAUSE OF THAT, EARLIER THIS YEAR THE ECC APPROVED A SITE PLAN THAT ALLOWED FOR 212 SINGLE FAMILY UNITS TO BE DEVELOPED ON THAT AREA. THAT IS ALREADY BY RIGHT BY THE ZONING OF THE MASTER PLAN IDENTIFIED. THE EPC AND PLANNING STAFF FOUND THAT TO SHOW REALITY ON THE GROUND THAT THE LAND USE MAP ALSO NEEDED TO BE AMENDED TO SHOW RESIDENTIAL USE RATHER THAN EDUCATIONAL. THE OTHER 50 ACRES, THE PORTION THAT IS GETTING AMENDED TODAY IS 60 ACRES. THE OTHER 50 ACRES IS ATTAINED BY APS AND OWNED BY THEM AND WILL BE EDUCATIONAL FOR THE FORESEEABLE FUTURE. AND AS YOU CAN SEE IN THE PROPOSED LAND USE MAP, THE AREA CIRCLED IN RED IS WHAT IS BEING CHANGED ON THE EXHIBIT WITHIN THE MASTER PLAN AND THE SMALL IMAGE ON THE RIGHT SIDE IS WHAT IS EXISTING RIGHT NOW AND AWAITING COUNCIL DECISION. I'M HERE FOR ANY QUESTIONS YOU MAY HAVE. THANK YOU. >>COUN. BASSAN: THANK YOU. WE'RE GOING TO MOVE TO TESTIMONY BY PUBLIC SPEAKERS. YOU'LL EACH HAVE TWO MINUTES. DO WE HAVE ANY? THEY HAVE NO MINUTES. MOVING ON. I'M GOING TO ASSUME THAT THE APPLICANT WILL NOT HAVE ANY REBUTTAL SINCE THERE'S NO COMMENT. AND NO CROSS EXAMINATION. WE'RE GOING TO GO TO THE COMMENTS BY THE PLANNING DEPARTMENT. GOOD EVENING. >> GOOD EVENING, I'M FROM THE PLANNING DEPARTMENT. I'LL KEEP THIS VERY BRIEF AND SAY THANK YOU TO THE APPLICANT FOR UPIDATING THE PLAN TO BE CONSISTENT WITH THE EPC ZONE CHANGE APPROVAL. AND THANK YOU TO YOU ALL FOR HELPING KEEP OUR PLANNING DOCUMENTS IN SYNCH. THANK YOU. >> NARRATOR: >>COUN. BASSAN: WE'LL GO TO CLOSING COMMENTS. >> PRESIDENT, COUNCILORS, I HAVE NO FURTHER COMMENT. THANK YOU. >>COUN. BASSAN: ALL RIGHT. WE'RE GOING TO MOVE ON -- I KNOW THERE'S A FLOOR AMENDMENT. COUNCILOR SANCHEZ, DO YOU WANT TO MOVE FLOOR AMENDMENT NUMBER ONE? >>COUN. SANCHEZ: THANK YOU, MADAM PRESIDENT. ON PAGE, 11, LINE 20 AMEND SECTION FOUR AS FOLLOWS. IT SAYS SHALL NOW IS. AND THE COUNCIL DECLARES IT HAS PASSED THIS RESOLUTION AND EACH WORD THEREOF IRRESPECTF OF BEING DECLARED UNCONSTITUTIONAL OR UNVALID. ON PAGE 11, LINE 24. THIS RESOLUTION SHALL BE INCORPORATED AND MADE PART OF THE WESTLAND MASTER PLAN FRAMEWORK PLAN. EXPLANATION, THIS IS A TECHNICAL AMENDMENT TO CORRECT THE SERVABILITY AND COMPILATION SECTION OF THE THIS RESOLUTION. >>COUN. BASSAN: IS THERE A SECOND? SECOND BY COUNCILOR CHAMPINE. FOR THE RECORD, COUNCILOR PEÑA IS NOT CURRENTLY ON ZOOM. WE WILL STILL GO TO A ROLL CALL AS COUNCILOR GROUT IS JOINING US ON ZOOM. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: YES. >> PASSES ON AN 8-0 VOTE. >>COUN. BASSAN: ALL RIGHT. ANY OTHER AMENDMENTS, COUNCILORS? ANY ADDITIONAL QUESTIONS OR COMMENTS? SEEING NONE. COUNCILOR SANCHEZ TO CLOSE. >>COUN. SANCHEZ: I URGE YOUR SUPPORT. >>COUN. BASSAN: MADAM CLERK, THE VOTE FOR R-203 AS AMENDED. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: YES. >> PASSES ON AN 8-0 VOTE. >>COUN. BASSAN: THANK YOU. MOVING TO FINAL ACTION ITEM D. R-207 CONCERNING THE MUNICIPAL RUNOFF ELECTION TO BE HELD ON THE CITIY OF ALBUQUERQUE TUESDAY, 9th DAY OF DECEMBER, 2025. I MOVE DO PASS. SECOND BY COUNCILOR FIEBELKORN. WE DO HAVE SOME PUBLIC COMMENT. LET'S GO TO THAT FIRST. >> THANK YOU, MADAM PRESIDENT. WE HAVE ADEO FOLLOWED BY LISA ON ZOOM. WE WILL MOVE TO LISA ON ZOOM. LISA. >> THANK YOU. I'M SORRY. I'M IN MY CAR. I APOLOGIZE. MY APOLOGIES TO THE CITY COUNCIL. I JUST WANTED TO REITERATE THANK YOU THE OPPORTUNITY TO HAVE A RUNOFF ELECTION. I BELIEVE WE NEED TO LOOK AT RANK CHOICE VOTING. I REMEMBER A YEAR AGO THE COMMENTS WERE MADE THAT WE AS BURQUENOS ARE TOO DUMB TO DO RANK CHOICE VOTING. PLEASE CONSIDER RANK CHOICE VOTING AS -- THANK YOU. >> MADAM PRESIDENT, THAT CONCLUDES COMMENT. THANK YOU. >>COUN. BASSAN: ANY QUESTIONS OR COMMENTS? THE CLERK IS HERE, BUT I'M GOING TO TRY TO SUMMARIZE. THIS IS A RESOLUTION NECESSARY TO PLACE SOMETHING ON FOR A RUNOFF ELECTION BASED OFF OF OUR LAWS IN THE CITY OF ALBUQUERQUE. DO YOU HAVE ANYTHING TO ADD? >> NO, IT'S IN THE CHARTER. IT'S REQUIRED. >>COUN. BASSAN: ALL RIGHT. I URGE YOUR SUPPORT. R-207. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: YES. >> PASSES UNANIMOUSLY. >>COUN. BASSAN: ALL RIGHT. MOVING ON, WE'LL GO TO COUNCILOR BACA P-8. >>COUN. BACA: THANK YOU, MADAM PRESIDENT. P-8 ADOPTING PROPOSITION TO BE SENT TO THE VOTERS IN THE 2026 GENERAL ELECTION TO REPEAL ARTICLE 7, SECTION 11 REGARDING THE PERFORMING ART CENTER. I MOVE DO PASS. >>COUN. BASSAN: MOTION, SECOND BY COUNCILOR FIEBELKORN. COUNCILOR BACA, HOW ABOUT YOU OPEN AND WE'LL GO TO PUBLIC COMMENT? >>COUN. BACA: THANK YOU, MADAM PRESIDENT. THIS IS RIGHTING THE WRONG FROM THIS PAST BALLOT INITIATIVE. WE'RE WORKING TO GET ON THE BALLOT WHAT THIS BODY PREVIOUSLY UNANIMOUSLY APPROVED. I URGE EVERYONE'S SUPPORT. >>COUN. BASSAN: WE CAN GO TO PUBLIC COMMENT. >> THANK YOU, WE HAVE LISA. >> THANK YOU VERY MUCH, COUNCILOR BACA. THANK YOU VERY MUCH FOR ADDING THIS BACK ON TO THE AGENDA. MY QUESTION IS IF IT WASN'T VOTED ON IN THE LAST ELECTION, DOES IT AUTOMATICALLY GET PUT ON THE NEXT -- IN DECEMBER? HOW DOES THAT WORK ISN'T THAT IS MY QUESTION. I WAS VERY CURIOUS ABOUT THAT. THANK YOU. >> MADAM PRESIDENT, THAT CONCLUDES COMMENT. >>COUN. BASSAN: ANY QUESTIONS OR COMMENTS? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MADAM PRESIDENT. DEFINITELY UNDERSTAND THE NEED FOR THIS. I'M JUST CURIOUS BECAUSE I LOOKED AT THE CHARTER AND I DON'T UNDERSTAND WHY THIS COULDN'T HAVE BEEN PLACED ON THE RUNOFF ELECTION BALLOT. I'M WONDERING IF WE CAN GET AN EXPLANATION OF WHY WE HAVE TO DO THE BILL WHEN THERE'S ANOTHER ELECTION HAPPENING ON DECEMBER 9th? >>COUN. BASSAN: CLERK WATSON. I THINK MAYBE YOU MIGHT BE THE BEST PERSON TO ANSWER THAT. >> YES, LAURA AND I RESEARCHED THIS EXHAUSTIVELY. I'LL LET HER START FIRST. >>COUN. BASSAN: MS. KEEFE. >> COUNCILOR FIEBELKORN, WE SPOKE TO THE SECRETARY OF STATE. WE ASKED THE COUNTY. THEY BOTH SAID THEY WOULD NOT APPROVE THAT. FIRST OF ALL THERE'S A DEADLINE. IT'S A 60-DAY DEADLINE PRIOR TO THE ELECTION. THAT HAD ALREADY PASSED. AND THE PROVISION ON RUNOFF SPECIFY THESE ARE FOR CANDIDATES WHEN THERE'S LESS THAN 50% THRESHOLD AND YOU HAVE A RUNOFF, THERE'S NO PROVISION FOR A RUNOFF QUESTION. IT SIMPLY DOESN'T CONTEMPLATE ADDING A QUESTION, NOR A RUNOFF ELECTION HAVING MATERIAL THAT WASN'T VOTED ON IN THE MAIN ELECTION. A RUNOFF SHOULD BE A SUPPLEMENT WITH THE SAME QUESTION POSED TO PEOPLE AND NOT SOMETHING NEW THAT THE PEOPLE DIDN'T GET A CHANCE TO VOTE ON THE FIRST TIME. >> THERE IS A PUBLICATION NOTICE THAT THE THE SECRETARY OF STATE PUBLISHES ALL THE BALLOT QUESTIONS ABOUT 60 DAYS BEFORE THE ELECTION. THIS WAS NOT INCLUDED, IT CAN'T BE VOTED ON IN THE RUNOFF. >>COUN. FIEBELKORN: THANK YOU, MADAM PRESIDENT. IF WE WOULD HAVE CAUGHT THIS WHEN EARLY VOTING JUST STARTED, AND IT COULD HAVE BEN NOTICED FOR 60 DAYS, WOULD IT HAVE BEEN ALLOWED TO BE ON RUNOFF? >> NO, BECAUSE THE INTERPRETATION IS FOR CANDIDATES NOT FOR QUESTIONS. >>COUN. FIEBELKORN: THANK YOU, MADAM PRESIDENT. >>COUN. BASSAN: ANY OTHER QUESTIONS OR COMMENTS? SEEING NONE. COUNCILOR BACA TO CLOSE. >>COUN. BACA: THANK YOU, MADAM PRESIDENT. I URGE YOUR SUPPORT. >>COUN. BASSAN: DO YOU HAVE A MOTION FOR DEFERRAL, COUNCILOR? >>COUN. BACA: YES. FOLLOWING OUR RULES FOR CHARTER AMENDMENTS, I MOVE DEFERRAL TO DECEMBER 1st. I BELIEVE WE HAVE TO HAVE AT LEAST TWO HEARINGS ON THAT AMENDMENT. >>COUN. BASSAN: OKAY. THERE'S A SECOND BY LOTS OF PEOPLE. MADAM CLERK. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: YES. >> PASSES UNANIMOUSLY. >>COUN. BASSAN: MOVING ON, WE'RE GOING TO R-208. COUNCILOR BACA. >>COUN. BACA: THANK YOU, MADAM PRESIDENT. R-208 ADOPTING PROPOSITION BE SUBMITTED TO THE VOTERS OF NEXT ELECTION CONCERNING AMENDMENTS TO ARTICLE 11 SECTION 7 OF THE ALBUQUERQUE CITY CHART PROVIDING THE FORM OF QUESTION AND DESIGNATION FOR SUCH QUESTION ON THE BALLOT. THIS IS THE COMPANION BILL TO P-8. I MOVE DO PASS. >>COUN. BASSAN: MOTION AND SECOND BY COUNCILOR ROGERS. ANY QUESTIONS OR COMMENTS? COUNCILOR BACA. >>COUN. BACA: THANK YOU, MADAM PRESIDENT. I MOVE DEFERRAL TO DECEMBER 1st IN ORDER TO HAVE TWO HEARINGS ON ANY CHARTER AMENDMENT. THANK YOU. >>COUN. BASSAN: THANK YOU. IS THERE A SECOND? COUNCILOR CHAMPINE IS WHO I HEARD. I THINK THERE'S LOTS MORE. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: YES. >> PASSES UNANIMOUSLY. >>COUN. BASSAN: MOING ON, R-210. >>COUN. BACA: REQUIRING COUNCIL APPROVAL FOR THE DISPOSITION OF CITY OWNED PROPERTY LOCATED IN THE CENTRALLY LOCATED AREA. >>COUN. BASSAN: SECOND BY COUNCILOR FIEBELKORN. COUNCILOR BACA TO OPEN. >>COUN. BACA: THANK YOU, MADAM PRESIDENT. THIS BILL IS -- THERE'S TECHNICAL ISSUES HERE IN TERMS OF PROCESS AND HOW WE DO THAT. THERE'S ALSO SOME PHILOSOPHICAL QUESTIONS ABOUT JUST BEING GOOD PARTNERS AND BEING A TEAM PLAYER. WHETHER THAT'S COUNCIL, CITY -- I'M SORRY, COUNCIL, ADMINISTRATION, OTHER COUNCILS, MRA. JUST THE IDEA OF WORKING TOGETHER. THIS PARTICULAR CASE, ABOUT A MONTH AGO WE VOTED TO MOVE THIS PARTICULAR PIECE OF PROPERTY UNDER THE METROPOLITAN REDEVELOPMENT ZONE. AS WELL AS WE'VE BEEN WORKING ON SOME OF THE ZONING CHANGES ON THAT AND THE CPA, WHICH IS ALL STUFF THAT I VERY MUCH HAVE CHAMPIONED. AND THIS PAST COUPLE WEEKS A FOR SALE SIGN WENT UP. I DON'T THINK THERE'S MALICIOUS INTENT OR ANYTHING NEGATIVE LIKE THAT. HOWEVER, JUST THINKING ABOUT EVERYBODY HAS AN OPINION ON DOWNTOWN WHETHER THAT'S GOOD OR BAD, AND DOWNTOWN SUPPORTS OUR CITY. IT'S GOOD PRACTICE TO SIT DOWN WITH COUNCILORS OF ANY DISTRICT AND TALK ABOUT WHAT THE PLANS ARE OR HAVING A VISION FOR WHAT'S GOING TO BE DONE. IT'S ALSO JUST BEING GOOD TEAM PLAYERS. LET'S SIT DOWN AND TALK ABOUT THIS. LET'S WORK THESE THINGS OUT. SO, THIS BILL IS JUST TO GET FOLKS TO TALK TO COUNCILORS AS PART OF THE PROCESS IN GENERAL. B, TO BE GOOD PARTNERS. LET'S WORK TOGETHER. LET'S SIT DOWN AND DISCUSS A SHARED VISION. NOT JUST IF YOU GO OUT TO RFP THE IDEA OF LET'S SEE WHAT PEOPLE CAN WANT TO DO. THERE'S ALSO THE QUESTION OF WHAT CAN WE ALL ENVISION FOR CITY? WHAT IS THE GREAT THINGS WE CAN DO? IT'S A CONVERSATION THAT SHOULD HAPPEN WITH ANY MRA ZONE. WITH THAT, I ALSO LIKE TO MOVE FLOOR AMENDMEiPAD. >>COUN. BASSAN: MOTION IS FOR AMENDMENT NUMBER ONE. COUNCILOR BACA, DO YOU WANT TO GO THROUGH IT? >>COUN. BACA: YES. THIS AMENDMENT, REMOVE SECTION ONE ANDSERT -- INSERT THE FOLLOWING. -- OF CITY OWNED PROPERTY LOCATED AT 229 BROADWAY SHALL BE EXCLUDED, CLOSED OR WITHOUT APPLICABLE PROCEDURES SET FORTH IN THE CITY CODE INCLUDING SECTION 14-8-461 AND SECTIONS 521-523 OF THE REVISED ORDINANCES OF ALBUQUERQUE. AND YEAH. THIS AMENDMENT CLARIFIES THE DISPOSING OF THE CITY OWNED PROPERTY AT 22 # -- 229 BROADWAY. SPECIFICALLY BECAUSE A FOR SALE SIGN WAS PUT OUT LAST WEEK. BIDS WERE MADE. IT DOESN'T QUITE FOLLOW THE PROCESS THAT IS LAID OUT. WHETHER IT'S THROUGH NORMAL DISPOSITION OF PROPERTIES OR EVEN THROUGH THE MRA PROCESS. AS A FORMER MEMBER OF THE ADC BOARD, I'VE BEEN THROUGH THIS BEFORE. AGAIN, I DON'T THINK THERE'S ANYTHING NEFARIOUS. I THINK IT'S JUST A QUESTION OF, HEY, LET'S SIT DOWN AND HAVE A CONVERSATION. THIS PIECE OF PROPERTY HASN'T GONE THROUGH ALL THE ZONING CHANGES AND EVERYTHING THIS BODY. I INITIATE WHAT THIS BODY IS VOTING ON. DEFINITELY A LITTLE PREMATURE. NOT QUITE FOLLOWING THE RULES, I'D ARGUE. LET'S JUST BE GOOD TEAM PLAYERS AND SIT DOWN AND TALK ABOUT THESE THINGS. I URGE YOUR SUPPORT. >>COUN. BASSAN: MOTION IS FOR AMENDMENT NUMBER ONE. IS THERE A SECOND? SECOND FROM COUNCILOR CHAMPINE. ANY QUESTIONS OR COMMENTS? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MADAM PRESIDENT. I JUST HAVE A QUESTION ABOUT THE LANGUAGE THAT SAYS OR ANY OTHER CITY-OWNED PROPERTY WITHIN APPLICABLE METROPOLITAN REDEVELOPMENT AREAS. I WOULD LIKE THIS TO COVER ALL METROPOLITAN REDEVELOPMENT AREAS. THE WAY I'M READING IT, IT DOES. BUT THE TITLE OF THIS BILL IS FOR SPECIFIC REDEVELOPMENT AREA. CAN WE HAVE THIS CLAUSE IN HERE THAT SAYS, ANY METROPOLITAN REDEVELOPMENT AREA YOU HAVE TO GO THROUGH THE ACTUAL PROCESS TO DISPOSE OF PROPERTY? >> MADAM PRESIDENT, COUNCILOR FIEBELKORN, A COUPLE OF ISSUES. FIRST, THE PRINTED VERSION OF THE AMENDMENT YOU HAVE BEFORE YOU IS CORRECTED IN THE LAST FEW MINUTES. THE AMENDMENT THAT COUNCILOR BACA JUST MOVED IS THE ONE THAT'S ON ONE DRIVE. AND DISPLAYED ON THE SCREEN. SPECIFICALLY, IT REMOVED THAT LANGUAGE DUE TO CONCERN THAT THIS WOULD APPLY CITYWIDE WHEN INTENT IS FOR IT TO APPLY FOR THE SPECIFIC PROPERTY THAT COUNCILOR BACA IDENTIFIED. THE LANGUAGE IN THE RESOLUTION SIMPLY SAYS AS YOU NOTED TO FOLLOW THE XIGSING -- EXISTING RULES FOR MRA. SO, THOSE RULES DO EXIST FOR OTHER PIECES OF PROPERTY BEYOND THE ONE THAT COUNCILOR BACA IDENTIFIED. AND THE TITLE OF THE BILL LIMITS US TO WHAT WE CAN GET TO IN THIS PARTICULAR BILL, BUT WE COULD DRAFT SOMETHING FOR YOU AS WELL. >>COUN. FIEBELKORN: THANK YOU, MADAM PRESIDENT. MY APOLOGIES FOR NOT CATCHING THE DIFFERENCE. I'M FINE WITH THAT EXPLANATION. >>COUN. BASSAN: ANY OTHER QUESTIONS OR COMMENTS? ARE THERE ANY CONCERNS WITH ANY OF THE PROPERTY GUIDELINES THAT WE HAVE AS A GOVERNING BODY HERE IN ALBUQUERQUE WITH THE CITY COUNCIL WHEN IT COMES TO APPEALS OR ANYTHING ELSE WHEN IT COMES TO DICTATING SOME OF THE DISPOSITIONS OF PROPERTY? >> MADAM PRESIDENT, COUNCILORS, AGAIN THIS RESOLUTION JUST REQUIRES THAT WE FOLLOW EXISTING RULES WHEN IT COMES TO DISPOSAL OF PROPERTY, WHETHER THAT BE THROUGH THE -- DECLARING IT NOT ESSENTIAL FOR MUNICIPAL PURPOSES OR USING THE MRA PROCESS. ANOTHER COMPONENT OF THE AMENDMENT THAT COUNCILOR BACA MOVED IN SECTION TWO, ELIMINATING A REQUIREMENT THAT COUNCILOR FOR DISTRICT TWO RECEIVE NOTIFICATION OF A SALE OF PROPERTY. THAT'S TO ADDRESS AN EXISTING PROCEDURE WHERE IF MRA DOES DECIDE TO DISPOSE OF A PROPERTY AND AN APPEAL IS FILED BY SOMEONE WHO WAS INVOLVED IN THE SALE OR HOPE IF SALE WOULD GO TO THEM, THOSE APPEALS COME TO COUNCIL FOR REVIEW. SO IT WOULDN'T BOW APPROPRIATE FOR COUNCIL TO APPROVE OR BE INVOLVED IN THE SALE ITSELF AND ALSO DECIDE TO SET AN APPEAL. THIS DOES MAKE THAT CORRECTION TO AVOID ISSUES OF THE APPEAL PROCESS. >>COUN. BASSAN: THANK YOU FOR CONFIRMING. COUNCILOR BACA TO CLOSE ON AMENDMENT NUMBER ONE. >>COUN. BACA: I URGE YOUR SUPPORT. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: -- >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: YES. >> PASSES ON AN 8-0 VOTE. >>COUN. BASSAN: COUNCILORS, ANY NEW QUESTIONS OR COMMENTS? COUNCILOR BACA TO CLOSE. >>COUN. BACA: THANK YOU, MADAM PRESIDENT. I'VE BEEN A BIG CHAMPION OF GETTING STUFF DONE. CUTTING RED TAPE OUT OF THE WAY. OUR TEAM WORKED REALLY WELL WITH THE ADMINISTRATION TO FURTHER THAT. SO, BY NO MEANS DO I WANT TO STOP OR STALL ANYTHING. I VERY MUCH BELIEVE -- AND I SAID THIS OVER AND OVER, THAT COUNCIL AND THE MAYOR AND ADMINISTRATION SHOULD BE TEAM PLAYERS. WE SHOULD WORK TOGETHER ON EVERYTHING. EVEN THOUGH WE'RE THE CHECK AND BALANCE TO EACH OTHER, WE CAN STILL BE PARTNERS. THIS IS JUST, LET'S BE PARTNERS ON DOING STUFF. THANK YOU. I URGE EVERYONE'S SUPPORT. >>COUN. BASSAN: COUNCILOR BACA, I WOULD LIKE TO ASK IS IT ALL RIGHT -- IT IS A CLOSE, SO IT'S UP TO YOU ON THIS. I MISSED COUNCILOR GROUT'S HAND. WOULD YOU MIND IF WE GO BACK TO HER? OKAY. COUNCILOR GROUT. COUNCILOR GROUT, YOU'RE ON MUTE. WE STILL CAN'T HEAR YOU. >>COUN. GROUT: I'M SORRY. A LITTLE CHALLENGE THERE. THANK YOU, MADAM PRESIDENT, AND COUNCILOR BACA. I HAVE A QUESTION. WILL THIS ADD ANOTHER LAYER OF BUREAUCRACY TO THE MIX? HAVE WE REACHED OUT TO DEVELOPERS OR ANYTHING TO FIND OUT WHAT THEY THINK ABOUT THIS? >>COUN. BASSAN: COUNCILOR BACA. >>COUN. BACA: THANK YOU, MADAM PRESIDENT. NO, THIS SITS WIN EXISTING RULES. I DON'T THINK IT ADDS LAYER OF BUREAUCRACY. MY UNDERSTANDING IS THIS IS STEP ONE FOR MRA TO SOLICIT INPUT FROM DEVELOPERS OF IDEAS OR THOUGHTS OR POTENTIAL FOR REDEVELOPMENT PRIOR TO AN RFP. WHICH IS NOT WRONG BY ANY MEANS, THIS BILL IS IN THE LINE, ESPECIALLY WITH DOWNTOWN BECAUSE IT'S SO MANY STAKEHOLDERS WHO HAVE INTEREST IN THIS AREA, IF WE'RE GOING TO DO STUFF IT'S ISN'T JUST ABOUT WHAT SOME PEOPLE WANT TO DO, LET'S ALL DISCUSS WHAT IT CAN BE AND WHERE IT CAN GO. >>COUN. BASSAN: COUNCILOR GROUT. >>COUN. GROUT: THANK YOU. ONE OTHER QUESTION. MAY I ASK DIRECTOR BRUNNER HOW HE FEELS ABOUT THIS? JUST FYI. >>COUN. BASSAN: DIRECTOR. >> MADAM CHAIR, COUNCILOR, WE UNDERSTAND AND APPRECIATE THE SPIRIT OF THIS LEGISLATION. I WANT TO BE CLEAR TO EVERY COUNCILOR THAT IF YOU EVER HAVE QUESTIONS ABOUT A PARCEL FROM HERE ON OUT TO DISCUSS ANY REAL ESTATE PARCELS WITH YOU, WE'LL ALWAYS DO THAT. WE HAVE REGULAR CALLS TO SOME OF YOU WHERE WE DO THAT TO ENSURE THAT YOU KNOW WHAT THE AGENCY IS UP TO. THERE'S TWO DIFFERENT TYPES OF DISPOSAL PROCESSES. I WANT TO MAKE THAT CLEAR. MRA HAS THE ABILITY TO NOT HAVE TO GO THROUGH THE REAL PROPERTY DISPOSAL PROCESS WHICH IS A GIANT ATTRACTION TO DEVELOPERS BECAUSE WE DON'T HAVE TO GO TO YOU FOR PERMISSION TO DISPOSE OF A PIECE OF PROPERTY FIRST. ONCE IT GOES UNDER MRA WE CAN BEGIN THE PROCESS OF BUYING OR SELLING THE LOT WITHOUT ADDED BUREAUCRACY. THAT IS A GREAT APPEAL TO THE DEVELOPERS WE DEAL WITH. I THINK THIS IS -- I UNDERSTAND THE CONCERN THAT WE'RE NOT KEEPING PEOPLE INFORMED. WE ARE TRYING TO BE REALLY AGGRESSIVE WITH OUR PROPERTIES, FOLLOWING THE MANDATE THAT COUNCIL GAVE US IN 2023 TO BUILD MORE HOUSING. AND WE HAVE BUILT MORE HOUSING THAN ANY PRIOR MRA UNDER YOUR GUIDANCE. AND YOUR PERMISSION ON OUR DEVELOPMENT AGREEMENTS AND TAX ABATEMENTS AND OTHER THINGS WE DO. I ENJOY MOVING QUICKLY. AND TRYING TO GET DEVELOPERS ON-SITE AS FAST AS POSSIBLE. I WORKED ON THIS PIECE OF PROPERTY FOR THREE YEARS. REMOVING IT FROM THE FLOOD ZONE, WHICH IS NOT EASY. NEGOTIATING AN AGREEMENTS THAT ARE NOT EASY. I HAVE A PERSONAL VESTED INTEREST IN SEEING THE BEST FOR THIS PROPERTY. WE DECIDED TO TRY SOMETHING NEW ON THIS PROPERTY AND A PROPERTY IN SAWMILL BY PUTTING A SIGN UP TO ALERT THE PEOPLE IT'S A CITY-OWNED PEOPLE THAT WE WANT SOMEBODY TO DO SOMETHING GOOD WITH. THAT'S ALL WE'RE TRYING TO DO WITH FOR SALE SIGN. NOT TRYING TO OFFEND ANYBODY. WE INTENDED THIS PROPERTY TO GO THROUGH SOME SORT RFP. WE DON'T HAVE TO DO THAT UNDER CITY ORDINANCES, WE HAVE TO DO THAT UNDER STATE STATUTE. WHICH OBVIOUSLY OVERRIDES CITY ORDINANCES IN MANY CASES. WE INTENDED TO HAVE A COMPETITIVE PROCESS. IT'S REQUIRED WE DO SO UNDER THE GUIDANCE OF THE METROPOLITAN REDEVELOPMENT PLAN. WE COULD NOT PUT SOMETHING ON THIS LOT THAT DOESN'T ABIDE BY THAT PLAN. WE DO HAVE REQUIREMENTS ON HOW WE HAVE TO DISPOSE OF THESE LOTS AND THEY'RE WELL SPELLED OUT IN THE STATE STATUTE AND OUR ORDINANCES. I DO WANT TO STRESS WE HAVE TWO DIFFERENT PROCESSES. THE INTENTION THERE WAS TO RENOVATE AREAS QUICKLY AS WE POSSIBLY CAN. THIS ALLOWS US TO MOVE QUICKLY WHEN WE HAVE THAT ABILITY. IF WE WANT TO PUT THIS LEVEL OF SCRUTINY ON THIS PARTICULAR LOT, I UNDERSTAND IT. WE CAN DO THAT WITH FUTURE LOTS. I WOULD NOT MAKING THIS A PERMANENT PROCESS ON ALL LOTS ACROSS THE CITY OR IT COULD HAVE THE POTENTIAL OF GUMMING UP THE PROCESS AND MAKE IT A LOT LESS INTERESTING TO DEVELOPERS. >>COUN. BASSAN: COUNCILOR GROUT. >>COUN. GROUT: THANK YOU FOR THAT. I APPRECIATE THAT LITTLE BIT MORE THOROUGHLY EXPLAINED. THIS IS A TOUGH ONE. THANK YOU. >>COUN. BASSAN: MS. KEEFE. >> THANK YOU, COUNCIL PRESIDENT. THIS DOES ADD PROCEDURES IN THAT THE CURRENT ORDINANCE -- THE CURRENT MRA ORDINANCE DOES NOT REQUIRE MRA TO GO THROUGH THE PURCHASING CODE FOR REAL ESTATE. THIS ADDS THE PURCHASING REQUIREMENTS TO THE MRA PROPERTIES. CURRENTLY IT'S STATE STATUTORY INSTEAD. I JUST WANTED TO ADD THAT. >>COUN. BASSAN: ANYBODY ELSE? DID YOU HAVE YOUR HAND RAISED? >> MADAM PRESIDENT, COUNCILORS, THIS DOES NOT ADD ADDITIONAL PROCEDURES TO THE SALE OF PROPERTY. THE AMENDMENT SAYS THAT THE PROCESSES THAT WILL BE REQUIRED ARE THOSE THAT ARE APPLICABLE TO WHATEVER SALES MECHANISM MAY BE TRIGGERED FOR A PARTICULAR PROPERTY. AGAIN, THIS ONLY APPLIES TO THE ONE SINGULAR PROPERTY IDENTIFIED IN THE RESOLUTION NOT CITYWIDE. >>COUN. BASSAN: MS. KEEFE, DO YOU HAVE THE MOST CURRENT EDITION OF THE AMENDMENT? >> COUNCIL PRESIDENT, I DO NOT. THE VERSION I HAD SAID INCLUDING SECTION 5-2-1. >> MADAM PRESIDENT, IT HAS NOT BEEN REMOVED. BUT IT DOES SAY COMPLY WITH THE APPLICABLE PROCEDURES. IF 5-2-1 DOES NOT APPLY THAT'S NOT APPLICABLE PROCEDURE TO THE SALE OF THE PROPERTY. >> THAT'S NOT HOW I READ THIS SENTENCE. WHEN YOU SAY APPLICABLE PROCEDURES INCLUDING A, B, C. YOU'RE SAYING THEY APPLY. >>COUN. BASSAN: LET'S TAKE A PAUSE. IT READS, THE LATEST AMENDMENT THAT WAS PASSED JUST A FEW MINUTES AGO WAS, THE CITY COUNCIL HEREBY SAYS NO SALE, EXCHANGE, DONATION, OR LONG-TERM LEASE OR DISPOSAL OF CITY PROPERTY LOCATED AT 229 BROADWAY SHALL BE EXECUTED OR CLOSED OTHERWISE FINALIZED WITHOUT THE PREJERS SET FORTH IN THE CITY CODE INCLUDING BUT NOT LIMITED TO SECTION 5-2-THROUGH 5-2-3 OF THE REVISE ORDINANCES. DOES THAT CHANGE ANYTHING? >> MADAM PRESIDENT, I THINK WE COULD POTENTIALLY ADD AN "OR" TO THE AMENDMENT IF THAT COULD MAKE MS. KEEFE COMFORTABLE. >> I WOULD READ THIS LANGUAGE TO REQUIRE THIS PROPERTY TO GO THROUGH SECTION 5-2-1. OKAY. THAT'S HOW I WOULD READ THIS SENTENCE. >>COUN. BASSAN: THIS AMENDMENT PASSED. WE'RE ON THE BILL AS AMENDED. WE'RE GOING TO LEAVE IT AT THAT UNLESS THE COUNCILORS WANT TO MOVE FORWARD WITH ANOTHER AMENDMENT. ARE THERE ANY OTHER QUESTIONS? COUNCILOR GROUT YOU RAISED YOUR HAND. COUNCILOR BACA, I WILL COME BACK TO YOU FOR A REAL CLOSE THIS TIME. >>COUN. BACA: THANK YOU, MADAM PRESIDENT. I CAN SEE BOTH INTERPRETATIONS. OUR COUNSEL AND OUR COUNSEL READ THIS. I'VE ALSO BEEN TO LAW SCHOOL. I HAVE AN IDEA OF HOW THAT GOES, FOR SURE. IT'S LIKE READING POETRY. THIS IS VERY SPECIFIC TO THIS ONE PARTICULAR PARCEL. ALSO BECAUSE -- I AGREE WITH DIRECTOR BRUNNER. LET'S GET THINGS MOVING QUICKLY. MRA IS THE BEST WAY TO DO THAT. WE DO SPEAK PRETTY REGULARLY. IN THIS CASE I'M THE ONE WHO WISHES TO GET INTO THE MRA ZONE A MONTH AGO. WHILE I APPLAUD THE SPEED OF GETTING A FOR SALE SIGN OUT THERE, I TOOK LOT OF HEAT TO DO THIS. I PUT LOT OF WORK AND ENERGY INTO THIS. WE ALL HAVE A VESTED INTEREST IN THIS PARTICULAR PROPERTY. THAT'S WHAT I SAY, LET'S ALL SIT DOWN AND TALK ABOUT A SHARED VISION, NOT JUST HERE BUT DOWNTOWN IN GENERAL, LOOKS LIKE. IN THIS CASE, I DON'T THINK A COUPLE EXTRA STEPS WILL KILL US. I THINK IT WILL BE FINE. WITH THAT, I URGE YOUR SUPPORT. >>COUN. BASSAN: THE MOTION IS FOR R-210 AS AMENDED. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. BASSAN: YES. >> PASSES UNANIMOUSLY. >>COUN. BASSAN: ALL RIGHT. WE'RE MOVING ON. WE HAVE NO OTHER BUSINESS. DID YOU HAVE SOMETHING TO ADD? WE HAVE NO OTHER BUSINESS. WE'RE MOVING TO ADMINISTRATION QUESTION AND ANSWER. COUNCILOR CHAMPINE. >>COUN. CHAMPINE: I HAVE ONE QUESTION TONIGHT. BASED ON HAD CONSENT AGENDA WHEN WE WERE TALKING ABOUT 531-532, IT WAS BROUGHT TO MY ATTENTION THAT THE QUARTERLY LITIGATION REPORT HAS NOT BEEN PROVIDED IN A WHILE. IT SHOWS THE LAST KNOWN REPORT WAS THE FIRST QUARTER OF FY25 WHICH WAS JULY THROUGH SEPTEMBER OF THE YEAR 2024. MY QUESTION IS TO LEGAL OR ADMIN OF WHAT SEEMS TO BE THE ISSUE WE'RE NOT FOLLOWING OUR OWN CITY ORDINANCE? >> COUNCILOR CHAMPINE, COUNCIL PRESIDENT, THE -- I'M NOT SURE WE'RE THAT FAR BEHIND. WE'RE BEHIND AND THE ISSUE IS I MADE A STAFFING CHANGE. I MADE CHANGES IN WHICH REPORTS ARE HANDLED BY WHICH STAFF MEMBERS. THERE'S BEEN A DELAY IN THE PROCESSING AND TRAINING ON THAT. I DID NOT THINK WE'RE THAT FAR BEHIND. I'LL DOUBLE CHECK. I THOUGHT WE WERE A COUPLE REPORTS BEHIND. >>COUN. CHAMPINE: JUST A FOLLOW UP. I THINK I SENT YOU AN EMAIL AND ASKED THE SPECIFIC -- THIS MIGHT HAVE BEEN LEGAL OR CAO THAT GAVE THE MAYOR THE AUTHORITY TO GO INTO A LAWSUIT. I STILL HAVEN'T RECEIVED AN EMAIL GIVING THAT ORDINANCE NUMBER. THANK YOU, MADAM PRESIDENT. >>COUN. BASSAN: COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MADAM PRESIDENT. I JUST HAVE A QUESTION ABOUT -- I'VE BEEN GETTING EMAILS FROM CONSTITUENTS ABOUT QUIRKY BOOKS AND WE JUST HAD A SHOOTING NEAR THE AREA. I JUST WANTED TO GET SOME UPDATES. I REACHED OUT TO COMMANDER DEL GRECO AND HAVEN'T HEARD BACK. I JUST WANTED US TO TALK ABOUT THAT ON THE RECORD. WE HAVE PEOPLE WATCHING THAT ARE VERY INTERESTED IN WHAT'S HAPPENING AT QUIRKY BOOKS. I MET WITH THE BUSINESS OWNERS OF HIGHLAND BUSINESS ASSOCIATION. I'LL MEET WITH THEM AGAIN THIS THURSDAY. JUST WANTED TO GET UPDATES ON WHERE WE'RE AT WITH ANY ENFORCEMENT AT QUIRKY BOOKS. >> COUNCIL PRESIDENT, COUNCILOR ROGERS, WE'VE FILED A COMPLAINT IN STATE DISTRICT COURT TWO WEEKS AGO. AFTER THE INCIDENT THIS WEEKEND, WE FILED AN EMERGENCY REQUEST THAT THE COURT HEAR IT IMMEDIATELY AND TAKE ACTION IMMEDIATELY, GIVEN THE SITUATION. I DO KNOW WE WERE IN TOUCH WITH COMMANDER DEL GRECO TODAY AS PART OF THE EFFORT. HE WAS INVESTIGATING WHAT HAPPENED. AND ACTIVELY WORKING ON THAT TODAY. WE WERE IN TOUCH WITH THE JUDGE'S CHAMBERS IN ORDER TO GET THE EMERGENCY HEARING. WE DON'T HAVE A HEARING DATE, BUT WE HOPE TO GET ONE SOON. >>COUN. ROGERS: ONE OF THE QUESTIONS I RECEIVED FROM ONE OF THE LOCAL BUSINESS OWNERS THERE IS COULD WE HAVE FILED AN EMERGENCY PRIOR TO THE SHOOTING TO SPEED IT UP? >> COUNCIL PRESIDENT, COUNCILOR ROGERS YES. THIS WAS A COMPLICATED QUESTION. THERE WERE A LOT OF RIGHTS TO BALANCE IN THIS MATTER. THERE WERE SOME DIFFICULT QUESTIONS ABOUT HOW TO PROCEED AND HOW TO PROCEED. WE DID TRY TO WORK WITH THE PROPERTY OWNER. WE TRIED TO WORK WITH CODE ENFORCEMENT BEFORE GOING TO COURT. YES, WE COULD HAVE ASKED FOR EMERGENCY RELIEF BEFORE THAT. BUT WE WERE WORKING ON THE APPLICATION FOR AN INJUNCTION WHEN THIS HAPPENED. WE HAD ACTUALLY HAD IT DRAFTED. WE WERE WORKING ON THE FINAL AFFIDAVIT WITH THE BUSINESS OWNERS REGARDING THE SITUATION ON THAT STREET. >>COUN. ROGERS: THANK YOU, MADAM PRESIDENT. HAS THERE BEEN ANY FOLLOW UP WITH QUIRKY BOOKS. DO WE KNOW IF THIS ORIGINATED WITH PEOPLE THAT WERE STAYING AT QUIRKY BOOKS? >> COUNCIL PRESIDENT, COUNCILOR ROGERS, I JUST WANT -- IT IS UNDER INVESTIGATION. THE COMMANDER WAS INVESTIGATING. I DON'T WANT TO SPEAK PREMATURELY ON THE RESULTS OF THAT INVESTIGATION. >>COUN. ROGERS: THANK YOU, MADAM PRESIDENT. I APPRECIATE THAT. WE DON'T WANT TO JEOPARDIZE ANY ONGOING INVESTIGATION. I THINK IT WOULD BE GREAT IF SOMEONE FROM THE ADMINISTRATION OR APD WENT WITH ME TO THE -B MEETING WITH THE BUSINESS OWNERS SO YOU CAN ANSWER QUESTIONS I DON'T HAVE ANSWERS TO WITHOUT DOING IT PUBLICLY AND MESSING UP AN INVESTIGATION. WHICH IS WHY AND REACHED OUT TO COMMANDER DEL GRECO TO GET THE INFORMATION OVER THE WEEKEND. WE HAVE A LOT OF ANGRY BUSINESS OWNERS AROUND THERE. I KNOW THEY HAVE EMAILED ALL OF US. SO, I KNOW THIS IS A DELICATE ONE. I WOULD LOVE THE HELP OF YOU COMING TO THE COMMUNITY TO TALK TO THE COMMUNITY MEMBERS AND BUSINESS OWNERS TO COME UP WITH SOLUTIONS FOR THEM. >>COUN. BASSAN: COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, IMMEDIATEM PRESIDENT. THIS IS OUT OF CURIOSITY. I DIDN'T ATTEND LAW SCHOOL. I DON'T KNOW HOW THIS WORKS. HOW DO YOU FILE AN INJUNCTION ON PRIVATE PROPERTY WHEN THEY'RE CAMPING ON SIDEWALKS AND PUBLIC PROPERTYS ? I GET IT'S PRIVATE AND PUBLIC. BUT WE'RE TELLING PEOPLE YOU CANNOT ALLOW PEOPLE TO PARK HERE, YET YOU GO DOWN CENTRAL AND ZUNI AND TENNESSEE AND THEY'RE ALL OVER THE SIDEWALK. >> I DON'T THINK I UNDERSTOOD YOUR QUESTION THE FIRST TIME. >>COUN. CHAMPINE: HOW DOES THIS HOLD WEIGHT THAT WE'RE GOING TO GO TO A JUDGE THAT THIS PERSON ON A PRIVATE PROPERTY IS A MENACE TO THE NEIGHBORHOOD, YET THEY'RE ALL OVER THE SIDEWALKS, CAMPS AND FIRES, THE WHOLE MAYHEM GOING ON OVER THERE. >> COUNCILOR CHAMPINE, I CAN'T SPEAK TO THE ENTIRETY OF THE CITY'S ENCAMPMENT RESPONSE. IT'S A VERY EXTENSIVE PROCESS AND ONE THAT THE ADMINISTRATION IS WORKING ON. THEY HAVE BEEN WORKING ON IN EXAMINING VERY THOROUGHLY. I CAN SAY THIS ACTIVITY IS OCCURRING ON PRIVATE PROPERTY. IT'S IN VIOLATION OF THE IDO. THEY HAVE BEEN CITED MULTIPLE TIMES. THE NEIGHBORS HAVE COMPLAINED MULTIPLE TIMES. AND THEY'RE COMPLAINING TO COUNCILORS AND THE ADMINISTRATION. I HAVE AFFIDAVITS FROM THE NEIGHBORS DETAILING THE IMPACT TO THEM OF THIS ONGOING ACTIVITY ON PRIVATE PROPERTY. WE AS A CITY HAVE A RIGHT TO COME IN AND ASK FOR AN INJUNCTION TO STOP THE ACTIVITY HARMING PEOPLE IN THE NEIGHBORHOOD. >>COUN. CHAMPINE: IT GOES BACK TO MY CONFUSION OF THIS. THE SAME COMPLAINTS COME ABOUT THEM LIVING ON SIDEWALKS, BON FIRES, DEFECATING ON SIDEWALKS ON THE PUBLIC PROPERTIES. WHY IS THERE NOT AN INJUNCTION OR SOMETHING TO GET THEM OFF THERE? THEY'RE VIOLATING ORDINANCES THERE TOO, OR AM I WRONG? >> YOU'RE RIGHT. THIS MAY BE A QUESTION FOR THE CAO. THERE HAVE BEEN LAWSUITS IN OTHER CITIES OF THAT VERY NATURE. THERE WAS A SUCCESSFUL ONE IN THE CITY OF PHOENIX THAT FORCED THE CITY OF PHOENIX TO CLEAN ENCAMPMENTS. WE GET 311 CALLS EVERY DAY. WE RESPOND TO THE 311 CALLS. IN FACT, WE WERE SUED ON THAT VERY THEORY THAT WE WEREN'T CLEARING ENCAMPMENTS. WE PROVED IN COURT THAT WE RESPONDED TO EVERYTHING SINGLE 311 CALL ON 3rd STREET AND WE HAD DONE EVERYTHING WE COULD TO ADDRESS THE SITUATION ON THAT PARTICULAR STREET. >>COUN. CHAMPINE: ARE YOU REFER TO CORONADO PARK? >> JUST SOUTH OF CORONADO PARK. >>COUN. CHAMPINE: I STILL DON'T QUITE UNDERSTAND. MAYBE THAT'S WHY I DIDN'T GO TO LAW SCHOOL. I DON'T UNDERSTAND WHY WE CAN'T DO IT HERE, BUT THIS ONE IS RAMPANT OVER HERE AND WE'RE NOT GOING TO ADDRESS IT WITH THE SAME MANNER AS WE'RE ADDRESSING PRIVATE PROPERTY. WITH THAT INTENSITY. >> COUNCIL PRESIDENT, COUNCILOR CHAMPINE, WE'RE NOT SAYING IT'S OKAY TO DO IT ON PUBLIC PROPERTY. EVEN THOUGH I THINK SOME PEOPLE OBJECT TO THE CITY'S POLICY. WE'RE RESPONDING TO 311 CALLS. WE ARE ADDRESSING ENCAMPMENTS. >>COUN. CHAMPINE: INTERESTING. MADAM CAO -- I'M SORRY, MS. PRESIDENT. >> MADAM PRESIDENT, COUNCILOR CHAMPINE, MS. KEEFE IS ACCURATE. WE HAVE MULTIPLE ORDINANCES AND STATE STATUTES WE ENFORCE. BUT WE ALSO HAVE A CITY POLICY RELATED TO ENCAMPMENT CLEARING THAT ENSURES WE PROVIDE NOTICE TO INDIVIDUALS. YOU ALL HAVE HEARD PUBLIC COMMENT HERE MANY, MANY TIMES RELATED TO WHAT THE CITY DOES RELATED TO 311 CALLS AND OTHER COMPLAINTS THAT COME IN RELATED TO INDIVIDUALS VIOLATING CITY ORDINANCE OR STATE STATUTE IN TERMS OF CAMPING, TRESPASSING, BLOCKING SIDEWALKS, WHATEVER THAT MIGHT BE. WE HAVE MULTIPLE TEAMS THAT RESPOND EVERY SINGLE DAY. THEY SPEND THEIR ENTIRE DAY WORKING TOWARD BEING RESPONSIVE TO THE POLICY, SO PEOPLE CAN HAVE NOTICE TO GATHER THEIR ITEMS AND MOVE ON. ALSO TO ENFORCING AND PROVIDING BOTH -- WE GIVE NOTICE, CITATION, AND EVEN ARREST WHEN AN INDIVIDUAL HAS VIOLATED OUR SITE. HAS MULTIPLE CITATIONS AND CONTINUES TO VIOLATE. THAT ENFORCEMENT HAPPENS EACH AND EVERY DAY THROUGH SOLID WASTE, OUR INTERACTION TEAM, APD, AND METRO SECURITY PARTICIPATES TO SUPPORT SAFETY IN THAT WORK. I'M SORRY. I SHOULD INCLUDE ACS. AND ENSURE WE PROVIDE THE OPTION FOR INDIVIDUALS TO ACCEPT SERVICES AND TRANSPORTATION TO SHELTERS WHO SUPPORT THEM IN THAT DECISION. >>COUN. CHAMPINE: MADAM PRESIDENT, I DON'T MEAN TO GRANDSTAND. WE'RE REALLY HONING IN A SPECIFIC PROPERTY. UNFORTUNATELY, THIS INCIDENT HAPPENED. YOU SLATED A WHOLE BUNCH OF PROCEDURES AND PROCESSES AND GROUPS, YET IT'S NOT REALLY EFFECTIVE BECAUSE WE STILL IT ON A CONSTANT BASIS. THAT'S MY OPINION. JUST AN OBSERVATION. WHATEVER, HOWEVER MANY HUNDREDS OF MILLIONS WE SPEND ON GATEWAY AND ACS, YET THE HOMELESS POPULATION AND LIVING ON THE STREETS AND CAMP FIRES AND TENTS ON PUBLIC PROPERTY AND BUSINESSES DOESN'T SEEM TO DIMINISH. BUT WE'RE GOING TO HONE OUR EFFORT INTO ONE SPECIFIC PROPERTY THAT IS TRYING TO HELP PEOPLE ON A PRIVATE PROPERTY? YET, WE'RE HAPHAZARDLY ADDRESSING IT CITYWIDE. THAT'S JUST AN OPINION AND OBSERVATION. I DON'T THINK YOU CAN REALLY ANSWER THAT. AGAIN, IT'S AN OPINION IN THE SENSE OF YOU SAY YOU HAVE PROCESSES AND I SAY THEY'RE NOT WORKING. THANK YOU FOR THE LEEWAY, MADAM PRESIDENT. >>COUN. BASSAN: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, IMMEDIATEM PRESIDENT. I MIGHT HAVE MISUNDERSTOOD. IF I CAN ASK, WHAT WAS THE BASIS FOR THE EMERGENCY INJUNCTION THAT WAS REQUESTED? I THOUGHT I HEARD YOU SAY IT WAS BASED IN PART ON THE SHOOTING THAT HAPPENED NEAR THIS LOCATION OVER THE WEEKEND? >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, THAT SPECIFIC LOCATION IS STILL UNDER INVESTIGATION. I THINK APD CAN CLARIFY WHETHER IT WAS ON OR NEAR THE PROPERTY. YES, PART OF THE BASIS FOR THE EMERGENCY IS THAT GIVEN THAT THINGS ESCALATED WITHIN THE ENCAMPMENT TO VIOLENCE AND A HOMICIDE, THAT THE ENCAMPMENT NEEDED TO BE CLEAR IMMEDIATELY. >>COUN. FIEBELKORN: THANK YOU, MADAM PRESIDENT. WE'RE SAYING THERE WAS A SHOOTING NEAR THIS PROPERTY. AND THEREFORE WE ARE ASKING FOR AN EMERGENCY INJUNCTION TO CLEAN IT UP. YET, WHEN YOU'RE ASKED ABOUT IS THERE ANY EVIDENCE THAT THIS INVOLVED ANYONE WHO IS STAYING AT THIS ENCAMPMENT, OR I'M ASKING WHERE DID IT SPECIFICALLY HAPPEN, SOMEWHERE NEAR BUT NOT IN THE ENCAMPMENT, I'LL TOLD YOU CAN'T DISCUSS THE DETAILS. IT FEEL LIKE THE CITY DECIDED WHAT THOSE DETAILS ARE BECAUSE YOU'RE ASKING FOR AN EMERGENCY INJUNCTION BASED ON THE FACT THAT YOU SAY THAT THE SHOOTING IS A PROBLEM FROM THIS ENCAMPMENT. BUT WHEN SOMEBODY WANTS TO ASK DETAILS ABOUT DOES IT ACTUALLY INVOLVE ENCAMPMENT, YOU SAY YOU CAN'T DISCUSS IT. I THINK THAT IS REALLY DISSENGENNUOUS. I THINK IT SAYS A LOT ABOUT THE PRE-CONCEIVED NOTIONS ABOUT THE NA-N -- ENCAMPMENT. I THINK WE HAVE TO BE CAREFUL OF WHEN WE SAY THINGS IN PUBLIC WHEN THERE'S SHOOTING IN THIS ENCAMPMENT, OR VIOLENCE IN THE ENCAMPMENT, WE HAVE TO SHOW EVIDENCE OF THAT. BUT WE'RE NOT ABLE TO SHOW EVIDENCE OF THAT BECAUSE THERE'S AN INVESTIGATION. I JUST AM POINTING OUT THE HYPOCRISY, MADAM PRESIDENT. >>COUN. BASSAN: COUNCILORS, ANY OTHER QUESTIONS OR COMMENTS TO THE ADMINISTRATION? SEEING NONE. THERE BEING NO FURTHER BUSINESS, THIS MEETING IS ADJOURNED.