Albuquerque City Council Meeting - December 16th, 2024

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OF THE 26th COUNSELM WILL COME TO ORDER. ALL COUNCILORS ARE PRESENT THIS EVENING. COUNCILOR PEÑA IS JOIN US ONLINE. WE'LL HAVE A MOMENT OF SILENCE. BEFORE WE'LL DO THAT, COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. I WOULD REQUEST THE MOMENT OF SILENCE, WHILE WE TAKE OUR MOMENT OF SILENCE, OUR THOUGHTS AND PRAYERS ARE WITH THE TEENAGER AND TEACHER THAT LOST THEIR LIVES THIS AFTERNOON IN THE CHRISTIAN SCHOOL. >>COUN. LEWIS: MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE IN ENGLISH AND SPANISH. >>COUN. GROUT: -- YOU CAN OBTAIN A PARKING PASS FROM COUNCIL STAFF AT THE TABLE NEAR THE CHAMBER ENTRANCE. MEMBERS OF THE PUBLIC, CITY STAFF AND THE ABILITY TO VIEW THIS ON GOVTV CANNEL 16, YOUTUBE AND ZOOM. THE LIVE STREAMS CAN BE ACCESSED FROM MOST SMART PHONES, TABLETS OR COMPUTERS. ALSO THIS MEETING IS CLOSED CAPTIONED AND YOU MAY ENABLE THE CLOSED CAPTIONING SERVICES ON YOUR TELEVISION OR DEVICE AT THIS TIME. THE VIDEO RECORDING OF THIS AND ALL PAST COUNCIL MEETINGS WILL REMAIN AVAILABLE FOR VIEW AT ANY TIME ON THE CITY COUNCIL WEBSITE. COUNCIL STAFF IS AVAILABLE VIA VEL PHONE IF MEMBERS OF THE PUBLIC NEED ASSISTANCE FINDING THE VIDEOS ONLINE. CALL 505-768-3100 DURING BUSINESS HOURS MONDAY THROUGH FRIDAY. THE COUNCIL WILL TAKE A BREAK AT APPROXIMATELY 7 P.M. IF NEEDED. WITH REGARD TO DECORUM IN THE CHAMBERS WE WANT TONIGHT'S PROCEEDINGS TO BE AS CIVIL AND RESPECTFUL AS POSSIBLE. PLEASE DO NOT MAKE ANY PERSONAL ATTACKS AND NO OUTBURSTS. MR. PRESIDENT. >>COUN. LEWIS: WE'LL GO INTO APPROVALS. ITEM 13. COUNCILOR FIEBELKORN, OC-27. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. WE HAVE A PRESENTATION THIS EVENING ON OC-27 WHICH IS ACKNOWLEDGEMENT OF THE HOUSING MEANS ASSESSMENT. WE'LL INVITE MR. MONTOYA TO TALK US THROUGH THIS ASSESSMENT. AND THEY'RE AWARE THEY HAVE TEN MINUTES AND TEN MINUTES ONLY. >> COUNCIL PRESIDENT, COUNCILORS, I'M -- THE PEOPLE WHO DID THE WORK BEHIND THE ASSESSMENT ARE THE FOLKS BEHIND ME THAT WILL BE SPEAKING TONIGHT. TO HIGHLIGHT THE HOUSING NEEDS ASSESSMENT. YOU HAVE THE PRESENTATION IN FRONT OF YOU. IT IS A REGIONAL REPORT. I BELIEVE TO REALLY STRESS THE WORD REGIONAL. HISTORICALLY, WHEN WE HAVE HOUSING REPORTS THEY LOOK AT QUANTITY, LAND USE, THINGS LIKE THAT. THIS GOES A LOT DEEPER AND ENCOMPASSES THOSE BITS TOO. I THINK THE -- ONE OF THE MAIN THINGS I WANT TO HIGHLIGHT IS THIS LOOKS LIKE HOW DOES THE CITY WORK WITH BERNALILLO WITH THE COGS DISTRICT AND ALL OF THE OTHER MUNICIPALITIES AROUND US AND HOW DO WE SOLVE THE HOMELESS PROBLEM TOGETHER RATHER THAN IN A SILO. >> THANK YOU, COUNCILORS. I WORK IN THE PLANNING DEPARTMENT AT THE CITY. THE IMPETUS FOR THIS STUDY CAME WHEN THE MORTGAGE FINANCE AUTHORITY DID A SIMILAR REPORT WITH THE SAME BASIC INFORMATION FOR THE WHOLE STATE. THEY ONLY TOOK IT DOWN TO THE COUNTY LEVEL, WHICH WAS GREAT EXCEPT THAT WE WEREN'T ABLE TO SEE WHAT WAS NEEDED IN ALBUQUERQUE OR EVEN WITH COMMUNITIES INSIDE ALBUQUERQUE. SO, WITH PARTNERSHIP FROM HEALTH HOUSING AND HOMELESSNESS DEPARTMENT AND THE MID-REGION METROPOLITAN PLANNING ORGANIZATION WE STARTED A CONTRACT IN 2023 WITH THE SAME CONTRACTOR THAT DONE THE STATE HOUSING NEEDS ASSESSMENT TO DO A REGIONAL STUDY. WE WERE ABLE WITH THIS STUDY TO GO DOWN IN JEROGRAPHY TO LOOK AT THE CITY OF ALBUQUERQUE AS A WHOLE AND LOOK AT THE 12 COMMUNITY PLANNING AREAS, TWO IN RIO RANCHO, AND ONE IN VALENCIA COUNTY, SEVEN IN BERNALILLO COUNTY, THE TOWN OF BERNALILLO AND THE VILLAGE OF CORRALES. THE BENEFITS OF DOING ALL OF THE GEOGRAPHIES IS WE'RE ABLE -- BECAUSE THEY'RE BASED ON CENSUS, TO COMPARE APPLES TO APPLES. HOUSING MARKETS ARE REGIONAL. PEOPLE ARE CHOOSING WHERE TO LIVE BASED ON PRICES. THIS ALLOWED US TO BEGIN TO COLLABORATE WITH OTHER JURISDICTIONS AND NOT JUST COMPETE WITH EACH OTHER IN THE PRIVATE MARKET. TRANSPORTATION SYSTEMS ARE ALSO REGIONAL. HAVING A PARPT PARNED WITH THE -- WHERE THE GROWTH WAS COMING AND HOW TO BEST PLAN THE TRANSPORTATION SYSTEMS ACCORDINGLY. AT THE LOCAL LEVEL THIS INFORMATION GAVE GOOD BASIC HOUSING INFORMATION ABOUT THE FUTURE THAT HHH CAN USE IN IT'S EFFORTS TO PROVIDE AFFORDABLE HOUSING IN MULTIPLE COMMUNITIES AS WELL AS PLANNING EFFORTS WITHIN THE PLANNING DEPARTMENT IN OUR COMMUNITY PLANNING AREA PROCESS. I'LL PASS IT OVER TO JUSTIN. >> GOOD AFTERNOON. I APPRECIATE YOU ALL BEING HERE TODAY. THERE'S NOT GOING TO BE MANY SURPRISES WHEN IT COMES TO ISSUES WITH HOUSING. THIS ACTUALLY SHOWS NOT ONLY THE VALUE OF COLLABORATION, BUT ALSO SHOWS OUR PREVIOUS VALUE IS RIGHT ON THE MARKET. YOU'LL SEE RELATIVE TO HOUSING NEEDS THAT ARE CURRENTLY NEEDED AND THE AMOUNT OF PRODUCTION NEEDED IN THE FUTURE, THE SECOND IS 30,000 UNITS. YOU'VE HEARD THIS IN THE PAST. THIS IS WITHIN THE RANGE OF PREVIOUS STUDIES WE'VE DONE. IN ADDITION THIS STUDY REALLY PINPOINTS SPECIFICALLY WHERE THE HOUSING NEEDS ARE RELATIVE TO INCOME LEVELS. AS YOU KNOW, INCOME GOES UP, MORE HOUSING, IF IT'S LOWER LESS ABILITY TO HAVE HOUSING. THIS SHOWS THE BIFURCATION. WE'RE LOOKING FOR THE NEED OF 20,000 UNITS OF HOUSING IN THE LOWER INCOME LEVEL. WHICH IS WHERE WE CONCENTRATE OUR EFFORT. WE'RE STILL FAR BEHIND IN TERMS OF WHAT WE'RE PRODUCING RELATIVE TO THE CURRENT NEEDS OF POINTED OUT BY THIS REPORT. I DID WANT TO SAY, ONE OF THE THINGS YOU WILL FIND IS THAT EVEN MIDDLE CLASS INCOME PEOPLE ARE HAVING A DIFFICULT TIME AFFORDING A HOUSE. WHAT WE'RE SAYING IN THIS REPORT IS OVER 80% OF A POPULATION CAN NOT AFFORD A HOUSE. MEANING LESS THAN 20% OF THE PEOPLE THAT YOU KNOW CAN AFFORD A MEDIUM HOUSE. WE'RE ABLE TO BREAK THIS DOWN BY NOT ONLY INCOME LEVELS BUT IN TERMS OF OCCUPATION. YOU CAN SEE THE LEVEL OF OCCUPATIONS THAT ARE ABLE TO AFFORD BOTH HOUSING UNITS AND RENTAL UNITS. AGAIN, THIS IS NOT ANYTHING NEW THAT YOU HAVEN'T HEARD IN TERMS OF PERCENTAGE OF PEOPLE WHO CAN'T AFFORD A RENTAL IN ALBUQUERQUE. PART OF THE ISSUE IS SUPPLY AND DEMAND. IT'S SIGNIFICANT THAT NOT ONLY IF YOU'RE JUST BUILDING AT COST, MOST PEOPLE CAN'T AFFORD TO PURCHASE AT COST TODAY BECAUSE OF DIFFERENT ISSUES RELATIVE TO BUILDING COST. I JUST WANTED TO PUT THAT OUT. WITH THAT, I'LL INTRODUCE KENDRA. >> MEMBERS OF THE CITY COUNCIL, THANK YOU FOR HAVING ME. AND THANK YOU TO THE CITY FOR INVICING US TO BE PART OF THIS STUDY. AS TRANSPORTATION PLANNERS WE NEED TO UNDERSTAND HOUSING AND EMPLOYMENT IN ORDER TO PLAN FOR THE FUTURE. REALLY, WE ARE ALWAYS TALKING ABOUT THE REGIONAL PERSPECTIVE. ONE OF THE BIG FINDINGS FROM THIS STUDY FURTHERS THAT REGIONAL COOPERATION IS IMPORTANT. ABOUT 64,000 PEOPLE COMMUTE INTO BERNALILLO COUNTY EVERY DAY. THAT HIGHLIGHTS THE IMPORTANCE OF TRANSPORTATION SYSTEM. THIS STUDY EMPHASIZES THE IMPORTANCE OF SHARED RESPONSIBILITY WHEN IT COMES TO AFFORDABLE HOUSING. WE KNOW THE POPULATION IS NOT GROWING VERY FAST RIGHT NOW. HOWEVER THE HOUSING IS DEFINITELY DRAWN. THIS SHOWS THE REASON WHY. CONTINUED TO HAVE SMALLER HOUSEHOLDS. THIS HAS BEEN GOING ON FOR A VERY LONG TIME. THIS EXPECTED TO CONTINUE IN THE FUTURE. THE SLIDE ON THE LEFT SHOWS THE RISE IN OUR SENIOR POPULATION. AND ABOUT ONE OUT OF EVERY THREE SENIORS LIVES ALONE. THIS HOUSING DEMAND IS EXPECTED TO TOP. THE STUDY FINDS THAT THE PREPONDERANCE OF GROWTH HAS BEEN HAPPENING WEST OF THE RIVER. THAT IS EXPECTED TO CONTINUE IN THE FUTURE AS WHERE THAT IS THE MAJORITY OF THE VACANT LAND IS. A LOT OF THE JOB CENTERS AND AREAS WHERE PEOPLE ARE COMMUTING IS ACROSS THE RIVER. WE KNOW ABOUT 80% OF THE JOBS REMAIN EAST OF THE RIO GRANDE. THIS IS IMPORTANT FOR US. BECAUSE THERE'S 430,000 TRIPS ACROSS THE RIVER EACH DAY IN BERNALILLO COUNTY ALONE. THIS REALLY SHOWS US THE OPPORTUNITY. THE STUDY SHOWS THAT IN ORDER TO HIGHLIGHT SOME OF THE ACCESSIBLE LAND, IT IS IN PROXIMITY TO JOBS, WE NEED TO LOOK AT FINANCIAL AND ZONING INCEPTIVES TO HELP REALIZE SOME OF THE REDEVELOPMENT THAT WE WOULD LIKE TO SEE AS WELL AS MULTI-FAMILY AND AFFORDABLE HOUSING. I'M GOING TO PASS IT BACK OVER TO MATTHEW. >> REALLY, THE NEXT STEPS ARE THAT WE NEED TO COORDINATE WITH OUR OTHER JURISDICTIONS, COUNTY, EVERYONE AROUND US. MANY OTHER CITIES DO WORK WITHIN ALBUQUERQUE. HOUSING IS SOMETHING WE SHARE ALL TOGETHER. SO, THE OTHER IS, TO MY OWN WORK, THE FACT THAT WE WEREN'T ABLE TO BREAK IT DOWN BY CPA SHOW IT THAT MORE LOCALIZED AND HYPERLOCAL FOR EACH OF THE AREAS OF TOWN. TONIGHT WE TOUCHED ON A BASE LAYER. IT GOES INTO GREAT DEPTH. MORE THAN JUST HOUSING. THE ECONOMIC DEVELOPMENT, JOBS, EMPLOYMENT WHATEVER. THIS REPORT TOUCHED ON EVERYTHING. THAT'S WHAT WE'RE FINDING WITH HOUSING AND YOU HAVE TO CONNECT THE DOTS TO UNDERSTAND WHAT THE ISSUES ARE. I WOULD INVITE YOU TO TALK TO US AT ANY POINT. I'M HAPPY TO ARRANGE A MEETING. THEY CAN GO INTO MUCH DEEPB -- DEEPER DETAIL THAN I. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I THINK THIS REPORT WAS REALLY EYE-OPENING AND INCREDIBLY HELPFUL TO ME. I APPRECIATE YOU GUYS GETTING IT TOGETHER AND GIVING US THIS SHORTENED PRESENTATION. I THINK IT'S WORTH A READ. IT'S CLEAR THAT HOUSING AND AFFORDABLE HOUSING IS A PRIORITY FOR EVERYONE IN OUR REGION AT THIS POINT. THANK YOU VERY MUCH. THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: COUNCILOR FIEBELKORN, YOU WANT TO MOVE THE BILL? >>COUN. FIEBELKORN: YES. I'M SORRY. I MOVE RECEIPT BE NOTED. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR GROUT. WE HAVE PEOPLE SIGNED UP TO SPEAK ON THIS? OKAY. >> THANK YOU, MR. PRESIDENT. WE HAVE AIDEN FOLLOWED BY DARCY. >>COUN. LEWIS: EVERYBODY HAS ONE MINUTE ON ALL THE BILLS TONIGHT INCLUDING GENERAL PUBLIC COMMENT. WE HAVE ABOUT 160 PEOPLE SIGNED UP FOR PUBLIC COMMENT TONIGHT ON ALL THE BILLS. WE'LL DO ONE-MINUTE TIME. >> MR. PRESIDENT, I'VE BEEN ASKED TO ADD, IF I MAY, WHEN SIGNING UP FOR PUBLIC COMMENT THE RULES ARE YOU SIGNED UP FOR GENERAL PUBLIC COMMENT AND TWO BILLS. WE'VE HAD SEVERAL PEOPLE SIGN UP FOR MULTIPLE BILLS. JUST WANT TO REMIND PEOPLE THAT RULE. WE HAVE AIDEN AND DARCY? >>COUN. LEWIS: OKAY. DO WE HAVE ONE MORE? SIGNED UP LATE? >> NO, MR. PRESIDENT. NOT THAT I'M AWARE OF. I THINK THAT WAS FOR O-59. SDMRL VICK TOR CU . >>COUN. LEWIS: VICTORIA GOMEZ? >> THAT WAS FOR O-59. >>COUN. LEWIS: OKAY. WE'RE ON THIS BILL THAT'S MOVED RECEIPT BE NOTED. IT'S BEEN SECONDED. ANY DISCUSSION? COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. JUST A QUESTION ABOUT WHEN WE RECEIVE THESE. I KNOW THIS CAME OUT -- I KNOW I FOUND THIS ON THE WEBSITE IN JULY. MY QUESTION IS IF COUNCILOR FIEBELKORN HADN'T ASKED FOR THE PRESENTATION FOR THIS, WHEN WOULD WE HAVE KNOWN ABOUT THIS? >> COUNCILOR ROGERS, I DON'T HAVE AN EXACT DATE. I KNOW THE REPORT WAS FINISHED SOMETIME IN THE SUMMER. AND COUNCILOR FIEBELKORN -- I'M SORRY. OCs ARE NOT SPONSORED. IT'S JUST AN APPROVAL. SO, AS TO HOW YOU WOULD KNOW ABOUT IT, OTHER THAN THE CITY GOVERNMENT WEBSITE, I DON'T HAVE ANY GREAT ANSWERS FOR YOU. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: OTHER DISCUSSION? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: WE'RE GOING TO GO TO THE JOURNAL. COUNCILOR GROUT. >>COUN. GROUT: MR. PRESIDENT, I MOVE APPROVAL OF THE DECEMBER 2nd JOURNAL. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR ROGERS. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: WE'LL GO TO COMMUNICATIONS AND INTRODUCTIONS. ANY CHANGERS TO THE LETTER. I MOVE THE RULES BE SUSPENDED FOR PLACING EC-27 ON THE AGENDA FOR ACTION. IT'S THE 2025 ADMINISTRATION REQUEST. >>COUN. SANCHEZ: SECOND. >>COUN. LEWIS: SECOND BY COUNCILOR SANCHEZ. [ ROLL CALL ]. >>COUN. BACA: [ INAUDIBLE ]. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. BASSAN: MR. PRESIDENT, I MOVE THE RULES BE SUSPENDED FOR PLACING OC-28 FOR ACTION. IT'S THE ALBUQUERQUE CITY COUNCIL LEGISLATIVE PROGRAM FOR NEW MEXICO CONGRESSIONAL DELEGATION FOR THE 119th UNITED STATES CONGRESS. >>COUN. LEWIS: OC-28, SECONDED BY COUNCILOR CHAMPINE. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILOR BACA. >>COUN. BACA: I MOVE THE RULES BE SUSPENDED FOR PLACING R-108 FOR ACTION. IT'S APPROVING AND ACCEPT PS OF GRANT FUNDS AND ADJUSTING FISCAL YEAR 2025 GRANT AND CAPITAL APPROPRIATION. >>COUN. LEWIS: SECOND BY COUNCILOR BASSAN. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILOR BASSAN. >>COUN. BASSAN: I MOVE THE RULES BE SUSPENDED FOR INTRODUCING R-110 AND REFERRING IT TO THE FINANCE AND GOVERNMENT OPERATIONS COMMITTEE. IT'S TO PROVIDE CAPITAL OUTLAY FUNDING FOR OUTDOOR EXHIBITION FOR AT THE ALBUQUERQUE BALLOON MUSEUM. >>COUN. LEWIS: SECOND BY COUNCILOR GROUT. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILOR BASSAN. >>COUN. BASSAN: THIS IS ACTUALLY COUNCILOR BACA'S. >>COUN. LEWIS: COUNCILOR BACA. >>COUN. BACA: THANK YOU, MR. PRESIDENT. I MOVE THE RULES BE SUSPENDED FOR PLACING R-111 FOR ACTION. IT'S AMENDING THE CODES OF RESOLUTION TO EXPAND THE METROPOLITAN REDEVELOPMENT AREA TO INCLUDE THE 1998 METROPOLITAN REDEVELOPMENT AREA. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR GROUT. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILOR GROUT. >>COUN. GROUT: MR. PRESIDENT, I MOVE APPROVAL OF THE LETTER OF INTRODUCTION. >>COUN. LEWIS: SECOND BY COUNCILOR CHAMPINE. [ ROLL CALL ]. >>COUN. BACA: [ INAUDIBLE ]. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILORS, ANY DEFERRALS OR WITHDRAWS AT THIS TIME? GIVE YOU SOME TIME TO THINK ABOUT THAT. WE HAVE A LONG AGENDA TONIGHT. WE HAVE ABOUT 160 PEOPLE SIGNED UP. AND PACKED AGENDA AND SCHEDULE. IF THERE'S ANYTHING YOU HAVE THAT WE COULD DO ACTION ON AT OUR NEXT MEETING. MAKE THAT MOTION AND DO IT NOW. OBVIOUSLY, WE WANT TO GET TO ALL OF OUR BUSINESS TONIGHT. IF IT COMES TO A POINT WE'RE AT 1 OR 2 IN THE MORNING AND WE'RE WORKING ON THE PEOPLE'S BUSINESS IT GETS TO A POINT WHERE WE'RE NOT REALLY PROVIDE AGGREAT -- PROVIDING A GREAT SERVICE. I THINK EVERYONE UP HERE IS WILLING TO GET THROUGH THIS AGENDA AS LONG AS IT TAKES, IT'S COMPLETELY FINE. I WANT TO MAKE SURE -- OTHERWISE WE'LL HAVE A CONTINUANCE AND CALL A MEETING ON CHRISTMAS EVE AND GIVE US ENOUGH TIME TO PUBLICIZE THE NEXT MEETING. I'M KIDDING. ANY DEFERRALS OR WITHDRAWALS? ALL RIGHT. WE'LL GO TO CUP -- CONSENT AGENDA. >>COUN. BASSAN: AND PULL ITEM F,S EC-256. THE LEASE AGREEMENT BETWEEN TOWN SITE QO21 AND THE -- LOCATED AT 501. I WOULD LIKE TO PULL AA, R-100 OFF THE CONSENT AGENDA. IT'S ESTABLISHING AFFORDABLE HOUSING AS A CITY WIDE PRIORITY FOR THE FIRST SESSION OF THE 67th STATE LEGISLATURE. >>COUN. LEWIS: THAT'S EC256 AND R-100? ANYTHING ELSE? INDIVIDUALS ON TONIGHT'S CONSENT AGENDA APPOINTED TO SERVE ON BOARD BOARDS AND COMMISSIONS WE THANK YOU FOR YOUR WILLINGNESS TO SERVE. >>COUN. GROUT: MR. PRESIDENT, I MOVE APPROVAL OF THE CONSENT AGENDA. >>COUN. LEWIS: MADAM CLERK. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: WE'RE GOING TO GO TO EC-256. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, EC-256 IS LEASE AGREEMENT BETWEEN TOWN SITE AND THE CITY. I JUST KNOW WE HAD A FEW QUESTIONS AND CONCERNS WITH SOME OF THE QUESTIONS AND CONCERNS FROM THE I.G. AND FROM THE CP ORBS A. I TALKED TO ADMIN, I SENT SEVERAL EMAILS. THERE ARE UNRESOLVED CONCERNS FOR PAYING FOR THE MOVE. HOW IS THAT GOING TO WORK? WHEN DO DEPARTMENTS MOVE IN? WHO IS PAYING FOR RENOVATION? AND WHEN I GOT MY RESPONSE, IT SAID THAT IT WILL BE IN THE FY25 CLEAN UP, GRANTED, FOR THE RECORD, WE'RE DOING THE FY24 CLEAN UP TONIGHT WHICH MAKES IT A LITTLE MORE PALLETABLE FOR THE FY25 CLEAN UP NEXT YEAR. I KNOW THERE'S CONCERNED ENTITIES THAT IF WE HAVE AN EXCESSIVE AMOUNT -- IF THE DEPARTMENT EXCEEDS THE AMOUNT IN THE BUDGET WE'VE ALLOCATED IN FY25, I DON'T WANT ANY OF THE DEPARTMENTS TO HESITATE ON US COMMITTING TO FUNDING THEM WHEN THEY DON'T HAVE THOSE. CAN YOU PLEASE, MR. SOURISSEAU ELABORATE ON THE CONCERNS WE HAVE IN THAT REGARD? >> COUNCIL PRESIDENT, COUNCILOR BASSAN, SO AS WE ENTERED INTO OUR FISCAL 25, WE HAD -- WE WERE CONTEMPLATING THE LEASE FOR THE TIJERAS BUILDING. WE HAD NOT GONE THROUGH NEGOTIATIONS. WE DID NOT HAVE AN IDEA OF WHAT THE COST WAS GOING TO BE. WE WEREN'T SURE WE WERE GOING TO BE ABLE TO AGREE ON A LEASE. AS YOU ALL KNOW, WE'RE GETTING READY TO START THE BUDGET FOR 26. WE START THE BUDGET SEASON VERY EARLY. THAT LEASE WAS FINALIZED IN FISCAL 25, WELL AFTER THE BUDGET WAS ESTABLISHED. WE ARE PREPARED, AS YOU KNOW, WE HAVE FISCAL 24 CLEAN UP BEFORE US TONIGHT. WE WILL CLEAN UP ANY ISSUES THAT WERE FOUND DURING THE AUDIT AND ANY BUDGETARY ISSUES THAT WE HAD WITH FISCAL 24. WE'RE CLEANING THOSE UP TODAY. WE'LL DO THE SAME IN DECEMBER OF 25 WHEN THE AUDIT IS COMPLETE. I DON'T WANT ANY OF OUR DEPARTMENTS THAT ARE MOVING TO THAT BUILDING TO BE WORRIED ABOUT HOW THEY'RE GOING TO MANAGE WITH THEIR BUDGET. AS WE TALKED ABOUT TODAY, WE DON'T WANT TO FUND BUDGETS NOW NOT KNOWING WHERE THEY'RE GOING TO END UP. RATHER THAN THROWING $60,000 TO THE IG'S OFFICE TO PAY FOR A YEAR'S WORTH OF LEASE -- WE KNOW THEY HAVE MONEY FOR THINGS LIKE LEGAL EXPENSES. THEY DON'T HAVE A LOT OF VACANCIES. WE DON'T KNOW HOW THEY'RE GOING TO END OUT THE YEAR. IF THEY NEED $60,000 FOR THE YEAR AND THEY END WITH $40,000 IN THE YEAR THEN WE ONLY NEED $20,000 IN THE CLEAN UP. WE'RE WATCHING THESE DILIGENTLY. WE'RE NOT GOING TO PENALIZE THE DEPARTMENTS. WE'RE NOT GOING TO MAKE THEM DIG DEEP ASK PAY FOR THIS LEASE AND NOT HIRE OR PAY FOR AN ATTORNEY. WHATEVER THEY HAVE TO DO, THEY HAVE TO RUN THE DEPARTMENT. WE'RE NOT GOING TO EXPECT THEM TO ASK THEM TO DIG INTO THE CURRENT BUDGETS TO FUND A LEASE NO ONE ANTICIPATED. HAVING SAID THAT, CPOA IS PROBABLY OUR MOST IMPORTANT GROUP THAT WE HAVE TO GET INTO THIS BUILDING. WE KNOW THERE'S A FINAL HOLD UP IN OUR CASA AND WE NEED TO SUPPORT THEM. WITH COUNCILOR SUPPORT OVER THE LAST YEAR WE'VE ADDED SOME POSITIONS TO HELP THEM ACHIEVE COMPLIANCE WITH THE CASA. WE KNOW WE HAVE TO GET THEM INTO BIGGER AND BETTER SPACE SO THEY CAN DO THEIR JOB AND DO THEIR WORK. THAT WAS REALLY THE CRITICAL PIECE FOR US REALLY PUSHING TO GET THIS LEASE DUNE. WE CERTAINLY APPRECIATE COUNCIL'S SUPPORT IN HELPING US GET THERE. AGAIN, I JUST WANT TO MAKE SURE ALL OF THOSE DIRECTORS THAT WILL HAVE FOLKS IN THAT BUILDING ARE NOT CONCERNED ABOUT THE BUDGET AT THIS POINT. I THINK -- I'M HEARING THE NEWS THAT I'M GETTING THE HOOK. >>COUN. BASSAN: MR. PRESIDENT, WHAT ABOUT POTENTIAL RENOVATIONS AND WHO IS GOING TO PAY FOR THAT? I'M NOT JUST TALK ABOUT THE RENT, OR THE MOVE, I'M TALKING ABOUT COLLECTIVELY TO GET THESE DIVISIONS OVER THERE. >> COUNCIL PRESIDENT LEWIS, COUNCILOR BASSAN, THE MOVING COSTS ARE MINIMAL. GFD IS PERFECTLY READY TO DO THOSE. RENOVATION COST, IN THE LAST WEEK OR SO WE'VE MADE ARRANGEMENTS WITH CPOA THEY'RE GOING TO GET A CERTAIN PART OF THE BUILDING THAT WILL MINIMIZE -- THERE WON'T HAVE TO BE A LOT OF RENOVATION BECAUSE THEY'LL HAVE A PART OF THE BUILDING THAT IS SECURABLE. THE INSPECTOR GENERAL OFFICE HAS SIX OFFICES. THEY HAVE SITES FOR LOCKS AND LOCKS ON THEIR OFFICES. THEIR SECURITY WILL BE AS GOOD OR BETTER THAN WHAT THEY HAVE NOW. WE DON'T ANTICIPATE A LOT OF COSTS TO GET THEM INTO THOSE SPACES. >>COUN. BASSAN: THANK YOU. THE ONLY LAST THING, I KNOW, MR. PRESIDENT, I WAS TALKING TO SOME OF MY COLLEAGUES, SO I DON'T KNOW IF THEY HAVE CONCERNS OR QUESTIONS. I DO FEEL BETTER HAVING TALKED ABOUT THIS. >>COUN. LEWIS: COUNCILOR ROGERS THEN COUNCILOR BASSAN DO YOU WANT TO MAKE A MOTION ON THE BILL? >>COUN. BASSAN: I MOVE APPROVAL OF THE EC-256. >>COUN. LEWIS: MOTION FOR APPROVAL AND SECOND BY COUNCILOR GROUT. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. THIS CAME UP DURING MY BRIEFING WITH DOJ, SPECIFICALLY ABOUT CPOA SPACE. THEY MENTIONED THEY MAY NOT GET ALL THE SPACE THEY NEED. TWO-THIRDS OF THE SPACE VERSUS -- CAN YOU TALK ABOUT THEIR SPACE AND MAYBE FEELING LIKE IN THIS MOVE THEY'RE NOT GOING TO HAVE ENOUGH MOVE? >> MR. PRESIDENT, COUNCILOR ROGERS, I MENTIONED THIS IN FEDERAL COURT LAST WEEK AS WELL ON THE RECORD THAT WE HAVE ACCOMMODATED THEIR FULL SPACE NEEDS IN THIS FACILITY. WE WORKED THROUGH THAT THROUGH DISCUSSION. WE WERE ABLE TO UNDERSTAND WHAT THAT CONCERN WITH WAS AND THEY WILL BE IN THREE-QUARTERS OF THE SECOND FLOOR. GSE, WORKING WITH THEM AND LISTENING TO THEM NEEDS HAVE BEEN ABLE TO GET IT. >>COUN. ROGERS: I THINK THE ACCOMMODATION WAS FOR CONCERN HIRES, BUT THE CONCERN WAS WHEN THEY ADD THE POSITIONS THEY WON'T HAVE SPACES AND PEOPLE WILL HAVE TO WORK FROM HOME. THAT'S WHAT WE HEARD DURING MY BRIEFING OF THE DOJ. COUNCILOR SANCHEZ WAS THERE WITH ME AND COUNCILOR GROUT. THEY HEARD THE SAME THING. I KNOW THAT WAS AFTER THE FEDERAL COURT'S HEARING. >> MR. PRESIDENT, COUNCILOR ROGERS, MY UNDERSTANDING IS THAT WE HAVE FULLY ACCOMMODATED THEIR NEWEST CONCERN TO ADDING THE ADDITIONAL SPACE. THAT IS POST-DOJ MEETING. DIRECTOR MARTINEZ SPOKE WITH OUR DIRECTOR AND THEY HAVE WORKED ON ADDITIONAL SPACE. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. IS THE CPOA DIRECTOR HERE? SHE SAID THAT DURING OUR MEETING AFTER THE HEARING. SHE'S IS NOT HERE. CAN WE FOLLOW UP ON THAT. THAT'S CONTRARY TO WHAT THE THREE OF US HEARD DURING THE BRIEFING. I NEED TO FOLLOW UP WILL THIS SPACE COVER THE HIRES THEY NEED TO HIRE. >>COUN. LEWIS: MS. SENGEL, DID YOU HAVE SOMETHING TO ADD? >> MR. PRESIDENT, I THINK THE DIRECTOR IS ONLINE. I'M BEING VERY CLEAR, WE HAVE PLENTY OF SPACE IN THIS FACILITY TO ACCOMMODATE. THERE'S EXTRA SPACE AS WELL. WE KNOW THIS IS CRITICALLY IMPORTANT AND HAVE NOT IGNORED THE NEED. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: IS THE DIRECTOR ON THE LINE? GO AHEAD, DIRECTOR. >>COUN. ROGERS: THANK YOU FOR BEING HERE, DIRECTOR. I WANT TO HEAR MORE ABOUT WHAT YOU SAID SPECIFICALLY ABOUT WHEN YOU HIRE NEW FOLKS YOU WON'T HAVE ENOUGH SPACE. >> YES, THANK YOU. COUNCIL PRESIDENT, COUNCILOR ROGERS, THE CONCERN WAS AT THE TIME WE RECEIVED THE EMAIL FROM THE GENERAL SERVICES DIRECTOR THERE WAS AMBIGUITY ABOUT THE QUARTER OF THE FLOOR. IT WAS HALF AND THEN THERE WAS THE AMBIGUITY OF THE QUARTER. SINCE THEN, SOME DISCUSSIONS, THE QUARTER WAS GIVEN TO US. SO IT SHOULD ACCOMMODATE BOTH CURRENT AND FUTURE HIRE AS LONG AS WE DO HAVE THAT THREE-FOURTHS OF THE FLOOR. WE SHOULD BE GOOD AS LONG AS THAT'S A GUARANTEE. IT WAS UP IN THE AIR THE LAST. >>COUN. ROGERS: GREAT. THAT WAS AFTER THE BRIEFING, THEY HAVE GIVEN YOU WHAT YOU NEED. THANK YOU. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. IS 29,475 THE TOTAL SQUARE-FOOTAGE OF THE ENTIRE BUILDING? IT SAYS WHAT WE'RE PROVIDING IN THE LEASE, BUT IS THAT THE TOTAL AMOUNT OF THE BUILDING? [ INAUDIBLE ]. >> MR. PRESIDENT, COUNCILOR CHAMPINE, THE RENT IS CALCULATED BASED UPON THE FIRST AND SECOND FLOORS CONSISTING OF 23,181 SQUARE FEET. AND THE BASEMENT CONSISTING OF 6,294 SQUARE FEET. APPROXIMATELY YES. >>COUN. CHAMPINE: THANK YOU. >>COUN. LEWIS: ALL RIGHT. EC-256 MOVED AND SECONDED. [ ROLL CALL ]. >>COUN. BACA: [ INAUDIBLE ]. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: R-100. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, R-100 IS ESTABLISHING FUNDING FOR THE AFFORDABLE HOUSING ESTABLISHING CITY WIDE PRIORITY FOR THE 57th STATE LEGISLATURE. MY CONCERNS ARE GOING TO GO OVER LIKE A LEAD BRICK. I'M CONCERNED BECAUSE WE HAVE A LEGISLATURE AND GOVERNOR WHO HAVE BEEN SAYING WE HAVE ALMOST $6 BILLION ON UP SPENT FUNDS. WE HAVE A TON OF MONEY. YES, WE HAVE A TON OF NEEDS. MY CONCERN IS IF WE GO AND ASK THE LEGISLATURE FOR HUNDREDS OF MILLIONS OF DOLLARS FOR AFFORDABLE HOUSING THEN WHAT? WHEN DOES IT GET BUILT? WHERE DOES IT GET BUILT? WHO INSPECTS? WHO DOES THE PLANNING? WHO DOES ALL OF THE THINGS WE'RE STRUGGLING WITH ALREADY? ON TOP OF THAT, WE'RE HAVING SOME PROBLEMS WITH SOME OF THE OTHER ALREADY WHAT WE THOUGHT WAS A WELL-OILED MACHINE IN THE CITY OF ALBUQUERQUE. THAT'S A CONCERN TO ME. TO SAY THIS IS A CITYWIDE PRIORITY, I STRUGGLE BETTING BEHIND THAT. IT'S NOT BECAUSE I'M NOT FOR AFFORDABLE HOUSE, IT'S WHAT WE SHOULD BE ASKING FOR WHEN IT COMES TO GETTING MONEY WE CAN GET OUT THE DOOR AND SPEND. IN THEORY WE GET IT OUT THE DOOR, BUT IN PRACTICALITY AND REALITY IS THAT GOING TO BE POSSIBLE? FOR THAT REASON, I DON'T WANT TO SUPPORT SAYING THIS IS A CITYWIDE PRIORITY. >>COUN. LEWIS: WANT TO MAKE A MOTION? >>COUN. BASSAN: NO, MR. PRESIDENT. >>COUN. LEWIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS MY BILL. I DO THINK IT'S REALLY IMPORTANT THAT WE HAVE A CITYWIDE PRIORITY FOR AFFORDABLE HOUSING. WE JUST HAD ANOTHER CITYWIDE PRIORITY BILL THAT WAS PASSED RULES TO URGE THE LEGISLATURE TO PROVIDE CAPITAL FUNDING FOR AN ENGAGEMENT EXHIBIT AT THE ALBUQUERQUE INTERNATIONAL BALLOON MUSEUM. I THINK THAT'S IMPORTANT, BUT I THINK AFFORDABLE HOUSING WOULD BE MORE IMPORTANT FOR A CITYWIDE PRIORITY I BELIEVE THE PRESENTATION WE HEARD EARLIER TODAY MAKES THE POINT THAT WE NEED AFFORDABLE HOUSING AND WE HAVE FOLKS THAT HAVE BEEN WORKING EXCLUSIVELY ON THIS IDEA OF WE NEED TO HAVE FUNDING THAT'S AVAILABLE FOR THE DEVELOPERS WHO ARE READY TO DO AFFORDABLE HOUSING IN OUR COMMUNITY NOT FOR THE CITY TO DO IT. I DON'T THINK THE CITY IS THE BEST PROVIDER FOR AFFORDABLE HOUSING. BUT FOR THE DEVELOPERS READY TO MOVE PROJECTS FORWARD, THEY'RE MISSING FINANCING, INCENTIVES, THEY'RE READY TO GO ON A LONG LIST OF DISTRICT. THERE'S SOME IN EVERY SINGLE ONE OF OUR DISTRICTS. WE NEED THOSE. IF THERE'S ONE THING WE AND THE ADMINISTRATION SHOULD BE ABLE TO AGREE UPON IT IS WE NEED AFFORDABLE HOUSING IN THE CITY OF ALBUQUERQUE AND IN BERNALILLO COUNTY AND IN THE STATE OF NEW MEXICO. I'LL MOVE THAT WE PASS. >>COUN. LEWIS: MADE THE MOTION FOR DO PASS? WE'LL GO BACK TO COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I JUST WANT TO OFFER ONE CORRECTION. THE BILL WE JUST PUT ON WAS A CITYWIDE PRIORITY FOR THE ANDERSON PLAY SCAPE. IT WAS DISTRICT SPECIFIC AS PER OUR COUNCIL PROGRAM AGENDA THAT WE PUT ON THE LAST RESOLUTION. THE OC THAT WE HAD COME DOWN. IT IS NOT SOMETHING I EXPECTED ALL OF YOU TO GET BEHIND. >>COUN. LEWIS: BY THE WAY, THAT WAS SECONDED BY COUNCILOR ROGERS. WE'LL GO TO COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I JUST LIKE TO -- I SUPPORT THIS. I WOULD LIKE TO ADD AN AMENDMENT IF THE STAFF CAN DRAFT IT REAL QUICK. AND WE CAN TABLE THIS IF WE NEED TO. I KNOW WE'RE TRYING TO WORK ON TIME THIS EVENING. JUST TO SAY THAT SOMEWHERE IN THERE THAT AS A PRIORITY BUT IT HAS TO BE LOOKED AT THROUGH AN EQUITY LENS AND WE DO NOT HAVE -- LOOK AT THE FEDERAL GUIDELINES FOR CONCENTRATION OF POVERTY. >>COUN. LEWIS: CAN WE DO THAT QUICKLY OR TABLE IT? I'LL MOVE TO TABLE AND WE'LL COME BACK TO THIS. >>COUN. BASSAN: SECOND. >>COUN. LEWIS: MOTION AND SECOND TO TABLE. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: ANNOUNCEMENTS, COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. THE FINANCE AND GOVERNMENT OPERATIONS COMMITTEE MEETING ON MONDAY, DECEMBER 23rd, IS CANCELED. THANK YOU. >>COUN. LEWIS: FINANCIAL INSTRUMENTS. ITEM A. COUNCILOR BACA BY REQUEST. R-102. >>COUN. BACA: THANK YOU, MR. PRESIDENT. APPROVING THE DOWNTOWN 2025 METROPOLITAN REDEVELOPMENT AREA FOR GROSS TAX RECEIPTS INCREMENT FINANCING. I MOVE DO PASS. >>COUN. LEWIS: MOVE AND SECONDED BY COUNCILOR ROGERS. ANYONE SIGNED UP TO SPEAK? ALL RIGHT. YOU HAVE ONE MINUTE. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS -- FOLLOWED BY BRIAN FOLLOWED BY CARLOS. >> THANK YOU, MR. PRESIDENT, COUNCILORS. I GREW UP IN ALBUQUERQUE. MEMBERS OF MY FAMILY OWN PROPERTY DOWNTOWN. I'M HERE TO SPEAK IN SUPPORT TO HAVE A STRONG DOWNTOWN. WE DON'T HAVE ONE RIGHT NOW. THE PROPOSED TID IS AN IMPORTANT TOOL TO USE FOR THE INCREASE OF ECONOMIC OPPORTUNITY WILL BE REINVESTED IN THE DOWN TOWNSHIP. IT DOESN'T COST THE REST OF THE CITY ANYTHING. IT'S A PORTION OF THE GROSS RECEIPTS TAX INCREASING DOWNTOWN. IT WILL HOPEFULLY CREATE A SNOWBALL EFFECT. IT'S CLEAR THAT THIS DOWNTOWN AND THE WEST CENTRAL, WHICH IS ALSO A PART OF THIS REDEVELOPMENT DISTRICT, WHICH IS ALSO PART OF THIS TID PROPOSAL NEEDS HELP. IT DOESN'T COST THE REST OF THE CITY ANYTHING. I URGE YOUR SUPPORT. THANK YOU. >> BRIAN FOLLOWED BY CARLOS, FOLLOWED BY DAVID. >> GOOD EVENING, COUNCILORS AND PRESIDENT. I RESIDE ON THE WEST SIDE OF ALBUQUERQUE IN DISTRICT ONE. I'M HERE BECAUSE I'M EXCITED ABOUT THE AGENDA ITEMS BECAUSE THE TAX INCREMENT FINANCING IS A NO-BRAINER. IT DOESN'T INTRODUCE ANY NEW TAX BURDEN ON BUSINESSES OR RESIDENTS. IT DOES NOT MOVE THE TAX PORTION TO SOMEWHERE ELSE. THE TID SHARES THE REMAINING 25% FUTURE GROWTH WITH THE REST OF THE CITY. IT GIVES NEW TAX REVENUE FROM DOWNTOWN AS WE INVEST IN SPACES DOWNTOWN. THINGS LIKE SAFETY, HOUSING, RETAIL AND INFRASTRUCTURE. AS SOMEONE WHO FREQUENTS DOWNTOWN WHO WORKS IN ENTERTAINMENT WE DESPERATELY NEED THESE THINGS DOWNTOWN. IT'S A WIN FOR EVERYONE INCLUDING RESIDENTS OF THE WEST SIDE AND EVEN FOR FOLKS WHO DON'T GO DOWNTOWN. A STRONG DOWNTOWN COMMUNITY HELPS THE WHOLE CITY. I SUPPORT IN PASSING THIS AGENDA ITEM TONIGHT. THANK YOU. >> CARLOS FOLLOWED BY DAVID FOLLOWED BY DANNY ON ZOOM. >> GOOD EVENING, COUNCIL. I WANT TO EXPRESS MY SUPPORT FOR THE DOWNTOWN TID. 102 AND 103. FIRST, WHEN DOWNTOWN THRIVES THE ENTIRE CITY THRIVES. A STRONG DOWNTOWN BOOSTS LOCAL ECONOMY. ATTRACTING BUSINESSES AND VISITORS. TIDES HAVE BEEN PROVEN TO BE EFFECTIVE TOOLS. THE SECOND POINT IS THIS PAYS FOR ITSELF. IT DOESN'T REQUIRE NEW FUNDING. AND THE CITY WILL CONTINUE TO HIT THE BASELINE TAX REVENUE PLUS INCREASE OF 25% INCREASE. AFTER 20 YEARS IT WILL TAKE ADVANTAGE OF FULL 100% INCREASE. A DOWNTOWN TID IS A WIN FOR THE WHOLE CITY. I URGE YOUR SUPPORT. THANK YOU. >> DAVID FOLLOWED BY DANNY ON ZOOM. DANNY FOLLOWED BY DOUG. >> SHOULD I GO NOW? >> PLEASE. THANK YOU. >> GOOD EVENING, COUNCILORS. I'M DOUG, CHAIRMAN OF THE GREATER ALBUQUERQUE CHAMBER OF COMMERCE DOWNTOWN TRANSFORMATION ISSUE GROUP. AND CEO OF THE HARDEN DESIGN GROUP. WE UNDERSTAND A THRIVING CITY HAVE -- OPTIONS. PUBLIC TRANSIT AND OPEN SPACE AT THE GATHERING AND RECREATION. AND ACCOMPLISH THIS IT TAKES TO INVEST. SOME FINANCING MECHANISM WILL CAPTURE IMPORTANT REVENUE FOR DOWNTOWN DEVELOPMENT UP TO TWEPTY FOLD. THIS IS NOT ABOUT PRIORITIZING DOWNTOWN OVER OTHER PARTS OF THE CITY. COUNCILOR BACA PROPOSAL CAN AND SHOULD BE APPLIED TO OTHER AREAS. DOWNTOWN IS READY FOR THIS. AND A VIBRANT DOWNTOWN WILL BRING ECONOMIC AND QUALITY OF LIFE BENEFITS TO OUR ENTIRE CITY. THIS WILL SEND A STRONG MESSAGE TO PERSPECTIVE EMPLOYERS AND EMPLOYEES AND RESIDENTS THAT ALBUQUERQUE INVEST IN ITSELF AND FUTURE. THIS IS A HOLD HARMLESS PROGRAM. THERE'S NO TAX INCREASE. CRITICAL SERVICES GET THEIR FULL SHARE. TAXES FOR THE SPECIFIC DISTRICT ARE REINVESTED IN THAT SPECIFIC DISTRICT. THIS WILL PUT THE METROPOLITAN -- SO IT DOESN'T HAVE TO PUT PROJECTS ON HOLD AS IT ASKS FOR ADDITIONAL FUNDS. THE CHAMBER ASKS TO APPROVE THE TID AND HAVE ALBUQUERQUE INVEST IN ITSELF. THANK YOU, THE CHAMBER SUPPORTS BOTH STREAM FOR THE TID. >> THANK YOU. DANNY FOLLOWED BY CHAD. DANNY, CAN YOU HEAR US? >> I'M THE PRESIDENT OF THE DOWNTOWN NEIGHBORHOOD ASSOCIATION. SPEAKING FOR THE BOARD, WE DO APPROVE THE TAX INCREMENT FINANCING FOR DOWNTOWN. THERE WAS TALK EARLIER ABOUT BRINGING HOUSING INTO THE AREA. I THINK THIS GOES ALONG WITH REVIVING DOWNTOWN ALBUQUERQUE. WE'VE SEEN IT HAPPEN IN OTHER CITIES. I THINK THIS IS JUST A GREAT TOOL THAT WE USE. THAT'S ALL I GOT. THANK YOU. >> THANK YOU. CHAD. >> GOOD EVENING, COUNCIL PRESIDENT AND MEMBERS OF THE COUNCIL. I'M SENIOR VICE PRESIDENT OF THE ALBUQUERQUE REGIONAL ECONOMIC ALLIANCE. ON BEHALF OF MYSELF AND PRESIDENT AND CEO, DANIELLE CASEY, I AM SPEAKING IN SUPPORT OF THE NEED FOR CRITICAL REVITALIZATION TOOLS SUCH AS THOSE IN THE AGENDA ITEMS. AS A REGIONAL ECONOMIC DEVELOPMENT ORGANIZATION SERVING THE GREATER ALBUQUERQUE, WE ROUTINELY COMPARE BEST PRACTICES TO EVALUATE AND MEASURE OUR JOB CREATION AND INVESTMENT INTO THE COMMUNITY. WHICH SUPPORTS HOUSEHOLD INCOME AND WAGE GROWTH AND PROVIDES TAX BASE FOR CRITICAL COMMUNITY SERVICES LIKE PUBLIC SAFETY, HEALTH AND WELFARE. DOWNTOWN ALBUQUERQUE IS AT A DISADVANTAGE COMPARED TO OTHER COMMUNITIES WITHOUT THINGS IN PLACE LIKE THIS. AS A REGIONAL ORGANIZATION WE CAN ATTEST TO THE IMPORTANCE OF THE HEALTH OF THE URBAN CORE AS TO THE ENTIRE REGION. THESE TOOLS TAKE MANY YEARS TO MATURE. DELAYING THE APPROVAL OF THE TOOLS WILL DELAY THE START OF PROCESS REVITALIZATION. THANK YOU. >> THANK YOU, MR. PRESIDENT. THAT CONCLUDES COMMENT. >>COUN. LEWIS: OKAY. COUNCILORS, WE'RE BACK ON THE BILL. THIS IS R-102. SECONDED. WE HAVE A NUMBER OF AMENDMENTS. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I WILL MOVE FLOOR AMENDMENT NUMBER ONE. WHICH IS HOPEFULLY ON THE SCREEN. IT'S ON PAGE FIVE, LINE, CREATE A NEW SECTION AS FOLLOWS AND RENUMBER SUBSEQUENT. THE GOVERNMENT REDEVELOPMENT AGENCY SHALL PROPOSE A STRUCTURE SIMILAR TO THE TID STRUCTURE FOR ANY TAX INCREMENT NO LATER THAN NINE MONTHS AFTER ENACTMENT OF THIS RESOLUTION. I MOVE THAT FLOOR AMENDMENT NUMBER ONE. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR BASSAN. COUNCILORS, ANY DISCUSSION OR QUESTIONS ON THAT AMENDMENT? >>COUN. PEÑA: MR. PRESIDENT. >>COUN. LEWIS: COUNCILOR PEÑA. >>COUN. PEÑA: DID WE NOT ADD THAT ALREADY? I JUST WANTED TO VERIFY. >>COUN. LEWIS: IS THAT SOMETHING WE ADDED IN THE FINANCE MEETING? >> THAT WAS NOT ADDED AT FGO. THIS IS A NEW AMENDMENT BASED ON REFERENCING GOVERNANCE OF THE TID. >>COUN. PEÑA: OKAY. THANK YOU. >>COUN. LEWIS: DISCUSSION OR QUESTIONS? AMENDMENT NUMBER ONE. MOVED AND SECONDED. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. JUST A PROCEDURAL, SEVERAL OF THE AMENDMENTS ARE AROUND GOVERNANCE, IF THIS GETS IN AND OTHERS GET IN HOW DO WE HANDLE THAT? >>COUN. LEWIS: SOME OF THE AMENDMENTS STAFF KNOWS ABOUT IF THEY CONFLICT WITH EACH OTHER OR DUPLICATE. I THINK WE DEAL WITH THEM AS THEY COME. >> COUNCIL PRESIDENT, COUNCILOR ROGERS, YES, WE DEAL WITH THEM AS THEY COME. IF THIS AMENDMENT IS ADOPTED, IF THERE'S OTHER GOVERNING STRUCTURES YOU PREFER, YOU MAY WANT TO SAY YOU HAVE AN AMENDMENT DOING THIS AND SEE IF ANYBODY IS PASSING AMENDMENTS WITH A DIFFERENT TYPE OF GOVERNING STRUCTURE. >>COUN. LEWIS: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, FROM WHAT I REVIEWED AND TALKING WITH STAFF, I BELIEVE THERE ARE TWO. I BELIEVE THERE ARE ONLY TWO COMPETING AMENDMENTS ON THIS BILL. THE REST OF THEM ACTUALLY ARE NOT COMPETING AT ALL. >> COUNCIL PRESIDENT, COUNCILOR BASSAN, THERE ARE A NUMBER OF AMENDMENTS THAT PROPOSE GOVERNING STRUCTURES AND THERE ARE ALSO AMENDMENTS THAT DELEGATE THAT AUTHORITY TO THE METROPOLITAN REDEVELOPMENT AGENCY. THERE'S SLIGHT VARIATIONS. >>COUN. LEWIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: MR. PRESIDENT, IF I MAY? THE REASON I PROPOSED THIS ONE IS THAT I DO THINK IT'S IMPORTANT THAT WE HAVE SOME SORT OF OF GOVERNING STRUCTURE FOR A NEW TID THAT IS FORMED. I AM NOT AN EXPERT, SO I THOUGHT WOULD MAKE THE MOST SENSE WOULD HAVE THE EXPERTS WORKING ON THIS COME UP WITH A STRUCTURE, BUT MAKE SURE IT COMES BACK TO THE CITY COUNCIL FOR APPROVAL SO THAT WE HAVE THE FINAL SAY ON THAT. THE ONLY THING HERE IS TO GET A STRUCTURE IN PLACE AND MAKE SURE THE CITY COUNCIL HAS FINAL DECISION-MAKING AUTHORITY. >>COUN. LEWIS: AMENDMENT NUMBER ONE. CLOSE DISCUSSION ON THAT. [ ROLL CALL ]. >>COUN. BACA: [ INAUDIBLE ]. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: WE'LL GO TO ANOTHER AMENDMENT. COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. I'D LIKE TO OFFER FLOOR AMENDMENT NUMBER TWO. AND IT HAS BASICALLY THE EXPLANATION IS OUTLINED IN THE REQUIREMENT FOR THE DEVELOPMENT AND OVERSIGHT OF THE TID DISTRICT, DEVELOPMENTS CREATE STRUCTURED PLANNING, OVERSIGHT AND ACCOUNTABILITY. >>COUN. FIEBELKORN: MR. PRESIDENT, FLOOR AMENDMENT NUMBER TWO IS IN OUR SMIED i -- iPADS. I JUST WANT TO MAKE SURE WE'RE SHOWING THE RIGHT THING. >>COUN. GROUT: OKAY. I'LL TURN IT OVER TO COUNCILOR FIEBELKORN. >>COUN. LEWIS: ALL RIGHT. COUNCILOR GROUT, STILL YOUR TIME. I THINK WE'RE GETTING THIS AMENDMENT UP ON THE SCREEN. >>COUN. GROUT: SO, I WOULD LIKE TO OFFER THIS AS FLOOR AMENDMENT NUMBER TWO. AND SPEAKING AS ONE OF THE SPONSORS OF O-24-22 WHICH ENABLES TAX DISTRICTS IN THE MRA. I'M ALSO SPEAKING AS SOMEONE THAT HAS AN MRA IN MY DISTRICT AND I WANT TO BE ABLE TO GENERATE A TAX BASE THAT CAN BE REINVESTED IN EAST CENTRAL. THIS AMENDMENT WILL ESTABLISH AN ACTION PLAN AND FUNDING PRINCIPAL THAT IDENTIFIES THE GOALS INTEREST THE TID AND THE ANTICIPATED FUNDING THAT WILL BE GENERATED. IT ALSO CREATES A BOARD TO DECIDE HOW FUNDS SHOULD BE SPENT. WE'RE ALSO ASKING FOR QUARTERLY REPORTS TO CITY COUNCIL AND A WEBSITE TO REPORT THE TID'S FINANCING AND ACTIVITIES TO THE PUBLIC. I WANT THIS TID AND ALL THE ONES TO FOLLOW TO BE SUCCESSFUL. THIS WILL OUTLIVE OUR TIME ON THE COUNCIL. THE ONLY WAY TO MAKE SURE IT CONTINUES IS DO THE WORK IT'S INTENDED TO WRITE IT IN THE RESOLUTION AND MAKE IT TRANSPARENT SO EVERYONE CAN SEE HOW THE MONEY IS BEING RAISED. I MOVE FLOOR AMENDMENT NUMBER TWO. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR ROGERS. >> COUNCIL PRESIDENT, I JUST WANT TO POINT OUT THAT SECTION G OF THIS AMENDMENT WOULD CONFLICT WITH WHAT PASSED EARLIER WITH COUNCILOR FIEBELKORN. IF YOU DON'T WANT IT TO CONFLICT WITH COUNCILOR FIEBELKORN'S AMENDMENT, YOU HAVE TO STRIKE SECTION G. >>COUN. LEWIS: IS THAT GOING TO STRIKE SECTION G, COUNCILOR GROUT? >>COUN. GROUT: YES. >>COUN. LEWIS: ALL RIGHT. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I HAVE AMENDMENT ONE TO AMENDMENT TWO. THAT IS CORRECT. IT IS GOING TO BE TO STRIKE-OUT ALL OF SECTION 12. NO, I'M SORRY. STRIKE OUT ALL OF SECTION 14, WHICH IS CREATING THE FINANCE BOARD SO THAT THE BOARD WOULD NOT EXIST WITH THESE PARAMETERS BECAUSE I HAVE ANOTHER AMENDMENT LATER TO HAVE THE ALBUQUERQUE DEVELOPMENT COMMISSION BE THE OVERSEER AND RECOMMENDING TO THE COUNCIL ON DECISIONS. MY AMENDMENT TO COUNCILOR GROUT'S AMENDMENT IS TO STRIKE OUT ANY REFERENCE TO THE BOARD AND CHANGE ANY REFERENCES OF $3 MILLION TO $100,000 WHICH WOULD KEEP IT CONSISTENT WITH EVERYTHING WE DO FOR THE NEED TO COME TO COUNCIL FOR APPROVAL. >>COUN. LEWIS: THIS IS AMENDMENT NUMBER TWO. COUNCILOR BASSAN IS MOVING AN AMENDMENT TO AMENDMENT NUMBER TWO. WE NEED A SECOND FOR THAT AMENDMENT. COUNCILOR GROUT WILL SECOND IT. AT THIS TIME, LET ME HEAR FROM THE ADMINISTRATION ON THIS. YOU'VE HEARD ENOUGH OF THIS AMENDMENTS AND OTHERS THAT WILL BE PROPOSED. YOU ALL SHOULD WEIGH IN ON THIS. >> MR. PRESIDENT, I'M GOING TO ASK DIRECTOR BURNER TO COME FORWARD. I DON'T BELIEVE HE SAW THIS AMENDMENT PRIOR TO JUST NOW WHEN I HANDED IT TO HIM. I WANT TO MAKE SURE -- I WANT TO RECOGNIZE THIS IS ON THE SPOT REACTION TO THIS WITH THIS INFORMATION. >> THANK YOU, MR. PRESIDENT. WE DO AGREE WITH THE PRIOR PROPOSAL AMENDMENT TO ALLOW US TO TAKE SOME TIME TO STRUCTURE THESE BOARDS, NOT DO THEM ON THE FLY. ACTUALLY MAYBE CONSULT OUR BEST PRACTICES GUIDE THAT WE HAVE PUT TOGETHER FOR TIDES CONSTRUCTED BY ECONOMIC EXPERTS OUT OF CHICAGO. I DON'T SEE THAT REFLECTED IN THE LATEST AMENDMENT. I WANT TO MAKE CLEAR IN THIS AMENDMENT THAT'S JUST UP RIGHT NOW BEING SPONSORED, THIS WOULD RENDER A BUNCH OF MRA'S UNABLE TO HAVE TIFS. IT SEEMS INCREDIBLY RESTRICTIVE. I DON'T KNOW WHY YOU WOULD SET A $3 MILLION LIMIT OR $100,000 LIMIT. WE DON'T KNOW IN ANY OF OUR TID DISTRICTS WHAT REVENUE WE'RE BRINGING IN. IT'S REALLY HARD TO SET A BASELINE ON WHERE YOU WANT TO BE. I ALSO WANT TO EMPHASIZE NONE OF US ARE GOING TO SEE ANY OF THIS REVENUE UNTIL AT THE EARLIEST 2027. IT WILL BUILD OVER TIME. THE LIKELIHOOD OF US DOING A $3 MILLION DOWNTOWN WOULD TAKE YEARS. I REALLY URGE A LOT OF CAUTION. I KNOW THE TENDENCY TO TRY TO BUILD STRUCTURE, BUT WHAT WE'RE ASKING FOR WITH THIS LEGISLATION IS JUST THE ABILITY TO START. JUST THE ABILITY TO GET THIS ON THE BOOKS, GIVE US THE TIME TO UNDERSTAND AFTER THE BASELINE IS CALCULATED IN THESE DISTRICTS HOW MUCH REVENUE WE'RE ACTUALLY DEALING WITH. OUR PRELIMINARY ESTIMATE FOR DOWNTOWN REVENUE COMING OUT OF PROPERTY TAX IS $20,000 IN YEAR ONE. THAT'S BARELY ANYTHING WE CAN WORK WITH. I THINK EACH OF THESE DISTRICTS WE CONSTRUCT WE WANT TO HAVE A BOARD THAT ALSO INVOLVES MEMBERS OF THE FINANCE COMMUNITY THAT KNOWS SOMETHING ABOUT DEVELOPMENT, NOT POLITICIANS, NOT BUREAUCRATS BUT ACTUALLY FOLKS THAT KNOW HOW TO DO DEALS. THAT'S THE INITIAL FIRST GLANCE INPUT I HAVE ON THIS LATEST AMENDMENT. >>COUN. LEWIS: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, DIRECTOR, WHO SITS ON THE ALBUQUERQUE DEVELOPMENT COMMISSION? >> CURRENTLY, THERE ARE TYPICALLY FIVE MEMBERS OF THE COMMISSION. RIGHT NOW, WE HAVE FRED, MONA -- >>COUN. BASSAN: I'M SORRY. I DON'T NEED NAMES. REPRESENTATIVES LIKE YOU JUST SAID. >> THESE ARE FIVE MEMBERS APPOINTED BY THE MAYOR. >>COUN. BASSAN: OKAY THAT'S ONE IN THE TO FORECAST IN A LITTLE BIT. MS. DELGADO, WHY IS IT IMPORTANT OR WHAT IS THE CONSISTENCY WITH WHAT WE TALKED ABOUT WITH THE $100,000 THRESHOLD? >> COUNCIL PRESIDENT, COUNCILOR BASSAN, SO OUR LOCAL METROPOLITAN REDEVELOPMENT ORDINANCE STATES THAT GRANTS -- THERE'S AN APPROVAL THRESHOLD OF $100,000 FROM THE LOCAL ORDINANCE. REQUESTING THAT IS A TID BORDER TO GOVERNING STRUCTURE ALSO ABIDE BY THAT STRUCTURE. >>COUN. BASSAN: THANK YOU. MR. PRESIDENT, I GUESS THAT TO ME IS WHY I PUT IN $100 THP -- $100,000 FOR THIS. THE FACT THAT THE COUNCIL, THE GOVERNING BODY OF THE BUDGET, I DON'T THINK THERE SHOULD BE ALLOWABILITY WHETHER IT BE MRA OR SOME OTHER BOARD OR COMMISSION THAT IS SET UP, IT'S JOB TO DECIDE HOW THESE TAXPAYER DOLLARS ARE SUPERINTENDENT. -- SPENT. THAT'S WHY I CREATED THIS AMENDMENT IN AGREEMENT WITH COUNCILOR GROUT. I'M FINE WITH THE OVERSIGHT. UNFORTUNATELY, I'VE GOTTEN TO THE POINT WHERE I FEEL LIKE I NEED TO LEGISLATE OVERSIGHT OTHERWISE THINGS CAN SLIP THROUGH CRACKS AND I END UP GETTING TOLD ONE THING AND I SEE ANOTHER HAPPEN. THIS IS MY EFFORT TO MAKE SURE WE DO WHAT WE CAN TO PROTECT TAXPAYER DOLLARS WHILE HELPING MOVE ALONG A PROJECT, A TID WOULD BE AMAZING. DIRECTOR, YOU ALSO MENTIONED FOR FUTURE TIDES IT'S A PROBLEM BUT IN THE SAME BREATH YOU SAID LET'S JUST START. LET'S START WITH PUTTING SOME GUARDRAILS SO THAT I AS A COUNCILOR CAN BE COMFORTABLE MOVING FORWARD WITH IT. BUT ALSO HOPEFULLY MRA AND THE TAXPAYERS AND THE BUSINESSES WILLING TO INVEST AND THE PEOPLE THAT ARE GOING TO REAP SOME OF THE REWARDS WILL HAVE SOME TRANSPARENCY AND ACCOUNTABILITY TOO. >>COUN. LEWIS: COUNCILOR BACA. >>COUN. BACA: THANK YOU, MR. PRESIDENT. THANK YOU, COUNCILOR BASSAN. I AGREE WITH COUNCILOR GROUT AND OTHERS WITH GUARDRAILS. $100,000 IS PRETTY TIGHT. TO HIS POINT, IT'S GOING TO BE A WHILE BEFORE WE GET TO ANY OF THESE. IT JUST WORKS THE WAY IT WORKS. WE DON'T WANT TO LIMIT OURSELVES AS MUCH. I'M GOOD WITH SOME OF THE STUFF. FOR ME PERSONALLY, IT'S HOUSING. $100,000 IS NOT ENOUGH TO BUILD A FAMILY HOME. AND IDEALLY WE'LL DO THIS WITH MULTIPLE MRAs. THAT'S A LOT OF WORK. FOR SOMETHING THAT'S -- LET'S NOT DO THAT. LET'S NOT PUT A CAP ON THIS. THANK YOU. >>COUN. LEWIS: OKAY. THIS IS AMENDMENT NUMBER TWO. IT'S OFFERED AN AMENDMENT BY COUNCILOR BASSAN AND THAT'S WHAT WE'RE ON NOW. COUNCILORS, ANY DISCUSSION ON THAT AMENDMENT? AMENDMENT NUMBER ONE TO AMENDMENT NUMBER TWO. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: NO. WE'RE BACK ON THIS AMENDMENT. AMENDMENT NUMBER TWO. COUNCILOR GROUT. >>COUN. GROUT: FYI, IT WAS SUBMITTED ON FRIDAY. FYI. I URGE YOUR SUPPORT. >>COUN. LEWIS: ALL RIGHT. THIS IS AMENDMENT NUMBER TWO. ANY DISCUSSION ON THIS AMENDMENT? I'M GENERALLY SUPPORTIVE OF THE DIRECTOR BEING ABLE TO HAVE THE FREEDOM THAT'S NEEDED TO BE ABLE TAKE THIS TID TO DEVELOP. I THINK THAT'S HOW THESE THINGS WORK OUT. I CAN SEE THE COUNCILOR'S DESIRE TO PUT STRUCTURE IN PLACE. I THINK ON THIS MATTER I THINK IT'S IMPORTANT THAT WE ALLOW THIS PROCESS TO MOVE FORWARD WITH AS MUCH FREEDOM TO DEVELOP AS POSSIBLE TO BE ABLE TO GET THE VERY BEST PROGRAM THAT'S NEEDED FOR SOMETHING LIKE THIS. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. JUST TO MENTION IN THIS AMENDMENT ONE OTHER THINGS IS A VERY DETAILED REPORTING MECHANISM. WE HAVE AN AMENDMENT THAT REQUIRES ANNUAL REPORTS RATHER THAN THE QUARTERLY REPORTS AND ANNUAL REPORTS. AGAIN, I JUST THINK IT'S REALLY IMPORTANT THAT WE LET THEM ACTUALLY START DOING SOME WORK AND THIS MIGHT BE A LITTLE ONEROUS. IF YOU DON'T LIKE THAT REPORTING SECTION, THERE WILL BE ANOTHER COMING SOON. >>COUN. LEWIS: ANY OTHER DISCUSSION? THIS IS AMENDMENT NUMBER TWO. MADAM CLERK. [ ROLL CALL ]. >>COUN. BACA: NO. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: NO. >> PASSES ON A 5-4 VOTE. >>COUN. LEWIS: COUNCILORS, OTHER AMENDMENTS? COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I THINK THAT'S WHY I ASKED THE PROCEDURAL QUESTION BEFORE WE STARTED. BECAUSE A LOT OF THESE ARE OVERLAPPING AND HERE COMES MY AMENDMENT COVERING THE SAME STUFF WE JUST COVERED. MY AMENDMENT SHOULD BE AVAILABLE FOR THE PUBLIC TO SEE, FIRST OF ALL, BEFORE WE START DISCUSSING ANYTHING. IT IS A LONG AMENDMENT. >>COUN. LEWIS: AMENDMENT NUMBER FOUR ON THE iPADS, ON THE RECORD. >>COUN. ROGERS: YES, MR. PRESIDENT. THIS AMENDMENT ESTABLISHES A TAX INCREMENT FINANCING OVERSIGHT BOARD SIMILARLY TO WHAT WE HAVE WITH THE TID. THE BOARD WILL CONSISTENT OF FIVE MEMBERS TO THE COUNCIL, LOCAL BUSINESSES AND PARTICIPATING GOVERNMENT ENTITIES ALL WITH MEMBERS APPOINTED AND APPROVED BY THE CITY COUNCIL. THE BOARD WILL OVERSEE INVESTMENT ACTIVITIES UNDER $100,000 AND PROVIDE RECOMMENDATIONS ON ANNUAL REPORTING AND ALSO INCLUDES SOME COMMUNITY PARTICIPATION WHERE NONE OF THE OTHER AMENDMENTS TALKED ABOUT PUBLIC PARTICIPATION. AND MAKING SURE THE PUBLIC HAS A WAY TO WEIGH IN. IT ALSO INCLUDES A PROVISION AROUND FINANCING AREA STABILIZATION TO MAKE SURE WE ARE HAVING RESPONSIBLE GROWTH AND NOT GROWTH THAT WOULD PRICE PEOPLE OUT OF THEIR HOMES. SO THIS WOULD ALLOW FOR SOME OF THE REVENUES TO MAKE SURE WE'RE DOING HOUSING PROJECTS TARGETING HOUSEHOLDS EARNING BETWEEN THE 80 AND 150 MEDIAN INCOME WHICH WE JUST SAW IN THE HOUSING NEEDS ASSESSMENT. SO, THIS AMENDMENT, SOME OF THOSE VERY IMPORTANT THINGS TO MY COMMUNITY AND MY DISTRICT. I MOVE A DO PASS. >>COUN. LEWIS: AMENDMENT NUMBER THREE HAS BEEN MOVED. SECONDED BY -- ANY QUESTION ON THIS AMENDMENT NUMBER THREE? COUNCILOR PEÑA. >>COUN. PEÑA: JUST KIND OF TO COUNCILOR ROGERS'S POINT, THANK YOU, MR. PRESIDENT, TO COUNCILOR ROGERS'S POINT I THINK THE AMENDMENTS SHOULD -- EVEN IF IT'S ON THE OVERHEAD TO BE SHOWN. EVEN FOR THE PUBLIC, IT'S CONFUSING BECAUSE THEY DON'T HAVE A COMPUTER IN FRONT OF THEM AND FOR THE FOLKS IN THE AUDIENCE TO SEETHEM AS WE GO THROUGH THEM. >>COUN. LEWIS: DO WE HAVE THE ABILITY TO PUT THESE ON THE SCREEN RIGHT NOW? >> MR. PRESIDENT, I APOLOGIZE, THERE'S MANY AMENDMENTS I'M SHUFFLING THROUGH. I DON'T SEE THOSE PARTICULAR ONES. I'M SORRY, COUNCILOR GROUT, COUNCILOR ROGERS. >>COUN. LEWIS: NO PROBLEM. OUR STAFF IS DOING THE BEST THEY'RE CAN TO GET THAT UP. AT THE SAME TIME, THESE AMENDMENTS WERE ALSO PUBLISHED ON FRIDAY, RIGHT? OKAY. THEY WERE PUBLISHED WITH NOTICE. NOT ALL OF THEM, BUT OUR STAFF IS DOING THE BEST THEY CAN TO GET THESE UP. THIS IS AMENDMENT NUMBER THREE. COUNCILORS, ANY DISCUSSION OR QUESTIONS ON THE AMENDMENT? I'M NOT RUSHING TO -- IF WE DO HAVE SOME TIME TO GET IT UP, WE CAN TAKE PLENTY OF TIME TO DO THAT. . >> MR. PRESIDENT, FOR A POINT OF CLARIFICATION, IT KEEPS BEING SAID THAT THIS IS PUBLISHED ON FRIDAY. I WANT CLARIFICATION FOR STAFF WHERE THESE ARE PUBLISHED. >>COUN. LEWIS: NOT ALL OF THESE ARE PUBLISHED. NOT ALL OF THEM HAVE TO BE. >> MR. PRESIDENT, THEY'RE NOT PUBLISHED. WE STORE THEM IN THE ONE DRIVE. NOT EVERYBODY HAS ACCESS. IF YOU WANT US TO GIVE PEOPLE ACCESS, THEN THE SPONSORING COUNCILOR NEEDS TO LET US KNOW WHAT WE NEED TO DO WITH THEM. THEY'RE IN THE ONE DRIVE SO EACH ONE OF YOU CAN REVIEW THEM. WE DON'T SEND THEM TO ANYBODY UNLESS WE INSTRUCT THEM TO SEND THEM TO OTHER PEOPLE. >>COUN. LEWIS: THERE ARE SOME AMENDMENTS THAT WE DID WRITE UP DURING THIS MEETING AND IF THE COUNCIL CHOOSES TO ACT IN THOSE WAYS, THOSE ARE ALLOWABLE. AT THE SAME TIME, WE WANT TO DO THE BEST WE CAN AS WE HAVE AMENDMENTS BEFORE US TO GET THEM UP BEFORE THE PUBLIC TO SEE THEM AND READ THEM. WE DO HAVE THAT ON THE VENE. -- SCREEN. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. GIVEN THAT WE JUST VOTED TO APPROVE COUNCILOR FIEBELKORN'S AMENDMENT, I WOULD BE OPEN TO KEEP OUT SOME OF THIS. I WANT TO KEEP IN PUBLIC PARTICIPATION. I'M OKAY MAKING THAT CHANGE. >>COUN. LEWIS: I GUESS WE NEED SPECIFICS ON HOW THIS WILL CHANGE, UNLESS YOU WANT TO WITH DRAW IT. >>COUN. ROGERS: NO. WE JUST STRIKE SIMILAR TO THE ONE WE JUST DID. WE STRIKE SECTION 12. AMENDING MY AMENDMENT, STRIKE EVERYTHING ABOVE SECTION 16. >>COUN. LEWIS: WE DO THAT? OR DO WE NEED TO MOVE AN AMENDMENT? WE'RE JUST GOING TO DO THAT. >>COUN. ROGERS: WE'RE GOING TO STRIKE EVERYTHING ABOVE SECTION 16. 16 BELOW WE'RE GOING TO KEEP. EVERYTHING ABOVE SECTION 16. >>COUN. LEWIS: COUNCILORS, THAT'S THE AMENDMENT BEFORE US. AMENDMENT NUMBER THREE. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. CAN I ASK DIRECTOR BRUNER'S POSITION ON THIS NOW? >> MR. PRESIDENT, COUNCILOR, THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THIS. I WANTED TO EMPHASIZE A COUPLE THINGS. NUMBER ONE, UNDER THE TID PROGRAM, THERE'S NO GUARANTEE THE COUNTY OR STATE WILL PARTICIPATE. I DON'T KNOW IF THERE'S A REASON TO HAVE THEM ON ANY BOARD. NUMBER TWO, WE ALREADY HAVE LOTS AND LOTS OF RULES FOR PUBLIC PARTICIPATION. I DON'T THINK THOSE ARE NEEDED. AS FAR AS STABILIZATION AND SUCH, I'M NOT SURE WHERE THE ECONOMICS COME FROM BEHIND SOME OF THESE DECISIONS. BUT THEY SEEM RELATIVELY ARBITARY. I'M NOT SURE ANY DEVELOPMENT ENTITY WOULD WANT TO ABIDE BY THEM. AND, AGAIN, I URGE YOU TO TRY TO INCORPORATE THE FOLKS THAT ACTUALLY USE THESE PROGRAMS, OUR DEVELOPMENT COMMUNITY, IN SOME OF THESE DECISIONS ON THESE BOARDS. THIS IS WHAT EVERYBODY IN THE COUNTRY DOES AND EVERYBODY HAS AVOIDED. EVERYBODY AVOIDED POLITICIANS AND BUREAUCRATS ON THESE BOARDS AND LEANED INTO PRIVATE SECTOR EXPERTISE. THESE ENTITIES THAT WILL COME BEFORE TID BOARDS WILL BE LOOKING FOR PRIVATE DEVELOPMENT DEALS FIRST AND FOREMOST. THEY WANT LOAN GUARANTEES, LOANS, CLOSING FUNDS AND THINGS THAT DESERVE RIGOROUS FINANCIAL ANALYSIS. ANY TIME YOU CONSTRUCT A BOARD AROUND THE TID YOU WANT IT TO LEAD TOWARD THAT. A TIP IS NOT A TID. A TID IS AROUND PUBLIC INFRASTRUCTURE. HAVING BRUR CRATTIC AND PUBLIC SECTOR EXPERTISE IS MORE IMPORTANT ON A TID THAN A TIP. IN ALL THESE BOARDS BEING CONSTRUCTED, THAT SHOULD BE TAKEN INTO REGARD. I WANT TO CORRECT THE RECORD EARLIER, WE DON'T HAVE A $100,000 LIMIT ON THE FUNDS BEFORE GOING TO COUNCIL. THAT ONLY APPLIES TO GRANTS, BUT NOT TO LOANS AND OTHER FINANCIAL INSTRUMENTS. IN THE PRIOR AMENDMENT YOU LIMITED OUR ABILITY TO DO DEALS. >>COUN. CHAMPINE: DIRECTOR, YOU SAID LOAN GUARANTEES. CAN YOU -- >> A LOAN GUARANTEE IS TAKING RISK AWAY FROM THE LENDER. IT IS COMMONLY DONE IN THE PRIVATE SECTOR TO FACILITATE LOAN MAKING BY BANKS AND OTHER LENDERS. WE CAN TAKE 70% OR 80% OF THE RISK OFF THE LENDER'S HANDS WHICH MAKES IT EASIER FOR THEM TO DO THE LOAN SO MAYBE A RID-RANGE TO MODERATE TYPE OF PROJECT THAT THEY DON'T HAVE A LOT OF CONFIDENCE IN THEY NORMALLY MAKE THEIR OWN LOAN AND TAKE ALL THE RISK THEMSELVES. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. THANK YOU, DIRECTOR. MOST OF THE THINGS YOU TALKED TO WE STRUCK FROM THE AMENDMENT. CAN YOU TALK ABOUT WHAT DIFFERS HERE FROM THE PUBLIC PARTICIPATION AND WHAT YOU DO NOW? >> YES, MR. PRESIDENT, COUNCILORS. WE HAVE PUBLIC PARTICIPATION PROCESS WE GO THROUGH IN THAT WE PROVIDE PUBLIC NOTICE OF MEETINGS WHERE DECISIONS ARE MADE. THE ALBUQUERQUE DEVELOPMENT COMMISSION FIRST HAS TO HAVE A PUBLIC HEARING. WE REQUIRE TO DO PUBLIC NOTICE AROUND PROJECT AREAS AS WELL. AND THE ADC RECOMMENDS TO COUNCIL ANY PROJECTS THAT GO BEFORE IT. SO, THERE'S A TWO-STEP PROCESS WHERE THE PUBLIC HAS INPUT ON PROJECTS THROUGH THE MRA. WE ALSO HAVE PUBLIC INPUT IN THE CONSTRUCTION OF ALL OF OUR METROPOLITAN REDEVELOPMENT PLANS. AND PUBLIC MEETINGS AND THINGS LIKE THAT THEY GO INTO THE PLAN. >>COUN. ROGERS: THIS ISN'T ABOVE WHAT YOU'RE ALREADY DOING IN YOUR DEPARTMENT? >> MR. PRESIDENT, COUNCILOR, CONDUCTING A MINIMUM OF THREE MEETINGS DURING THE DEVELOPMENT AND SUBSEQUENT UPDATES OF THE IMPLEMENTATION PLAN, I'M NOT SURE WHAT THAT IS. >>COUN. ROGERS: MR. PRESIDENT, HOW YOU'RE GOING TO IMPLEMENT THE TIP PLAN. YOU DON'T THINK THE PUBLIC SHOULD KNOW THAT? >> MR. PRESIDENT, I NEVER SAID THAT. >>COUN. ROGERS: BUT YOU OBJECTED TO THIS PART. >> MR. PRESIDENT, I JUST DON'T UNDERSTAND IT AND WHY YOU'RE APPLYING IT. >>COUN. ROGERS: I'M APPLYING IT SO THE COMMUNITY HAS INPUT ON HOW YOU IMPLEMENT THEIR TAX DOLLARS IN THE COMMUNITY. SIMPLE. >> I UNDERSTAND THAT. ALL I'M SAYING IS WE ALREADY DO THAT. >>COUN. ROGERS: I JUST ASKED AND YOU SAID YOU DON'T HAVE THREE MEETINGS AROUND IT. >> COUNCILOR, TECHNICALLY WE HAVE AT LEAST TWO ALONG WITH PUBLIC WRITTEN NOTICE AND NOTICE THROUGH THE WEBSITE. >>COUN. ROGERS: WHICH WE HAVE TO DO FOR ALL PUBLIC MEETINGS ANYWAY. THAT'S NOT ABOVE AND BEYOND WHAT WE ALREADY HAVE TO DO FOR PUBLIC MEETINGS. >> MR. PRESIDENT, COUNCILOR, SO YOU REFERENCED HERE AN IMPLEMENTATION PLAN. I'M NOT SURE WHAT THAT IS. I'M NOT SURE IF THAT'S AN ADDITIONAL SET OF MEETINGS BEYOND THE METROPOLITAN REDEVELOPMENT PLAN OR BEYOND THE ADC DECISION. I'M JUST NOT SURE WHAT THAT IS. THAT'S WHY I'M SAYING IT'S ABOVE AND BEYOND, I DON'T HAPPEN WHAT AN IMPLEMENTATION PLAN IS IN THIS PARTICULAR INSTANCE AND WHAT WOULD BE REQUIRED IN THE CONSTRUCTION OF THAT PLAN. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: ANY DISCUSSION ON THE AMENDMENT? AMENDMENT NUMBER THREE MOVED AND SECONDED. [ ROLL CALL ]. >>COUN. BACA: NO. >>COUN. BASSAN: NO. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: NO. >>COUN. PEÑA: NO. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> FAILS ON A 1-8 VOTE. >>COUN. LEWIS: COUNCILORS, AMENDMENT NUMBER FIVE IN YOUR iPADS. THIS IS AMENDMENT NUMBER FOUR. I'LL MOVE THAT. THIS AMENDMENT UPDATES R-24-102 TO INCLUDE THE NORTHERN MOST PART OF THE RAILROAD METROPOLITAN REDEVELOPMENT AREA. THE MRA TO THE TIF. WE'LL HAVE THAT UP ON THE SCREEN. I MOVE AMENDMENT NUMBER FOUR. SECOND BY COUNCILOR BACA. ANY DISCUSSION OR QUESTIONS ON AMENDMENT NUMBER FOUR? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: MR. PRESIDENT, CAN YOU CLARIFY WHAT'S ON THE SCREEN IS WHAT YOU'RE MOVING. I HAVE A DIFFERENT ONE FROM YOU AND COUNCILOR BACA. >>COUN. LEWIS: THIS COULD BE THE ONE RELATED TO THE BILL. DO WE HAVE THE RIGHT ONE UP THERE? AMENDMENT TO 102. THAT'S THE SAME ONE I'M LOOKING AT. >>COUN. FIEBELKORN: THANK YOU. THEY SCROLLED DOWN. >>COUN. LEWIS: ANY OTHER DISCUSSION ON THIS AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: TO OUR STAFF, BECAUSE THAT IS AN AMENDMENT TO THIS, NO FURTHER ON THAT NEEDS TO BE TAKEN. WE'RE GOING TO GO TO A COUPLE MORE AMENDMENTS. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I THINK WE'RE GOING TO PUT UP THE ONE THAT SAYS ON PAGE SIX LINE SEVEN. OKAY. MR. PRESIDENT, I WOULD LIKE TO MOVE AMENDMENT NUMBER FIVE. THANK YOU. THIS IS ON PAGE SIX LINE SEVEN INSERT SECTION 11. THIS IS ADDING IN THE AUTHORITY. SAYING THE ALBUQUERQUE DEVELOPMENT COMMISSION SHALL ACT AS RECOMMENDING BODY TO THE CITY COUNCIL FOR ALL ACTIVITIES THAT EXCEED THE ESTABLISHED $100,000 THRESHOLD AS OUTLINED IN THE SECTIONS OF METROPOLITAN REDEVELOPMENT AGENCY ORDINANCE AND THE DUTIES TO PROVIDE THE CITY COUNCIL WITH RECOMMENDATIONS SHALL INCLUDE THOSE OUTLINES IN THE METROPOLITAN REDEVELOPMENT CODE AND THE STATE'S TAX INCREMENT LAWS. THE CITY COUNCIL SHALL SERVE AS THE FINAL APPROVING BODY AND ACTIVITIES CONDUCTED UNDER THE METROPOLITAN REDEVELOPMENT CODE TO INCLUDE STATE, TAX INCREMENT LAW, THAT EXCEEDS THE ESTABLISH $100,000 THRESHOLD. THIS IS HAVING AN OVERSEEING BODY THAT EXISTS TO DO THE LEGWORK, TALK ABOUT WHAT SHOULD BE DEVELOPED AND USED FOR THE USING THE TIP FUNDS IN FIVE YEARS, SIX YEARS, HOWEVER MANY THAT WOULD BE. THEY RECOMMEND TO THE COUNCIL THE DISPERSEMENT OF FUNDS FOR WHATEVER THAT PROJECT MAY BE. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR CHAMPINE. THIS IS AMENDMENT NUMBER FIVE. DISCUSSION, QUESTIONS ON THIS AMENDMENT? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I'M NOT QUITE CLEAR, AND MAYBE THE ADMINISTRATION OR DIRECTOR CAN HELP ME UNDERSTAND. IT SEEMS TO ME THIS GOVERNING BODY WE'RE ASSIGNING TO THE ADC IS ACTUALLY WHAT THE TIP GOVERNING BOARD WILL DO. CAN SOMEBODY EXPLAIN THE DIFFERENCE BETWEEN THOSE? >>COUN. BASSAN: MR. PRESIDENT -- WHILE HE'S COMING DOWN. I BELIEVE WE DIDN'T CREATE A TIP GOVERNING BOARD. MY INTENTION WAS TO INSTEAD OF CREATE A NEW BOARD, USE ONE THAT ALREADY EXISTS THAT WORK WITH MRA AND IN THIS PURVIEW IN MANY WAYS INSTEAD OF CREATING A NEW WHEEL. AND ANOTHER NEW BOARD. >>COUN. FIEBELKORN: MR. PRESIDENT, I THINK THE FIRST AMENDMENT WE PASSED TONIGHT THAT AN INDIVIDUAL TIP BOARD AND WE ASKED THE EXPERT TO COME BACK TO THE CITY COUNCIL IN NINE MONTHS WITH THE STRUCTURE FOR THAT BOARD. ERR SETTING UP A TIFF-GOVERNING BOARD. I DON'T SEE HOW THAT WORKS WITH THIS. I DON'T THINK WE NEED TWO BOARDS. >>COUN. LEWIS: WOULD YOU ALL ADDRESS THIS? THIS IS THE AMENDMENT BEFORE US RIGHT NOW. AMENDMENT NUMBER FIVE. >> MR. PRESIDENT, WE HAVE MR. MEREHEAD THAT CAN TALK ABOUT THE INTERACTION OF THESE TWO BOARDS AND WHAT THIS CREATES. >> I THINK DEVELOPING THESE TIP BOARDS THERE COULD BE OVERLAP. IT WILL STILL GO THROUGH ADC. THE QUESTION IS DO YOU HAVE A SEPARATE BOARD OF BUSINESSES. DEVELOPMENT LEADERS, COMMUNITY LEADERS OF THE LIKE THAT ALSO PROVIDE A ROLE AND THERE WOULD BE DISCUSSION IN DEVELOPMENT HOW THOSE TWO WOULD INTERACT. THERE WOULD BE OVERLAP BASED ON THE DISCUSSIONS. >>COUN. FIEBELKORN: THANK YOU. WE DID PASS THAT FIRST AMENDMENT TONIGHT THAT WE WOULD HAVE A TIP GOVERNING BOARD THAT WAS GOING TO BE BROUGHT BACK TO THIS BODY WITHIN NINE MONTHS FOR APPROVAL. I THINK THAT IS PROBABLY -- >>COUN. BASSAN: MR. PRESIDENT, I READ IT DIFFERENTLY WITH GOVERNANCE STRUCTURE NOT GOVERNANCE BOARD. IF THAT IS THE INTENTION I'LL WITHDRAW AMENDMENT NUMBER FIVE. >>COUN. LEWIS: AMENDMENT NUMBER FIVE IS WITHDRAWN. COUNCILOR BASSAN, DO YOU HAVE ANOTHER ONE? >>COUN. BASSAN: YES. I WOULD LIKE TO MOVE AMENDMENT NUMBER SIX. COUNCIL AUTHORITY OVER PROJECT SIX. INSERT SECTION 11 AND RENUMBER FOLLOWING SECTIONS. COUNCIL'S AUTHORITY OVER PUBLIC PROJECTS. ALL PUBLIC INFRASTRUCTURE PROJECTS TO INCLUDE ANY PUBLIC PROJECT WITHIN THE PUBLIC RIGHT-OF-WAY OR PUBLIC PURPOSE AT OR ABOVE $100,000 IN THE TIF MUST RECEIVE EXPLICIT FROM THE CITY COUNCIL PRIOR TO THEIR INITIATIONS. MR. PRESIDENT, THE REASON I DID THIS AND I HOPE WE PASS IT IS AS MUCH AS I BELIEVE GOVERNMENT AS THE BEST OF INTENTIONS, THERE'S GOING TO BE THE POTENTIAL FOR MILLIONS, TENS OF MILLIONS OF DOLLARS BEING INVESTED INTO THIS MRA FOR IMPROVEMENT FROM PRIVATE EQUITORS. I BELIEVE THEY SHOULD HAVE SOME OF THE BENEFITS AND REWARDS SO THEY CONTINUE TO DEVELOP AND IMPROVE THIS DISTRICT AND GET THOSE FUNDS. THAT BEING SAID, I DON'T DENY THERE'S NOT THE NEED FOR SOME PUBLIC INFRASTRUCTURE OR PUBLIC IMPROVEMENTS. IT'S JUST I WOULD LIKE TO PREVENT THE POTENTIAL FOR OVERSIGHT. I WANT US TO BE ABLE TO OVERSEE THAT THERE IS NOTHING EXTRA GOING ON. SO THE COUNCIL SHOULD APPROVE IT. >>COUN. LEWIS: SECONDED BY COUNCILOR CHAMPINE. THIS IS AMENDMENT NUMBER SIX? COUNCILOR BACA. >>COUN. BACA: THANK YOU, MR. PRESIDENT. YOU KNOW, I LOVE OVERSIGHT TOO. ESPECIALLY WHEN IT COMES TO MY DISTRICT AND MY HOME. BUT $100,000 IS NOT THE NUMBER. I HATE TO PUT ANY RESTRICTIONS ON ANYTHING STARTING OFF. ESPECIALLY IF WE REVISIT THIS LATER ON. THANK YOU. >>COUN. LEWIS: COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. DIRECTOR BRUNER SAID SOMETHING BEFORE IN THE LINE OF QUESTIONS AROUND THE MRA DOESN'T HAVE THE $100,000 THRESHOLD. CAN SOMEONE CLARIFY THAT FOR ME? MAYBE JENNIFER BRADLEY. WHO ARE -- WHO CAN TALK ABOUT THAT? THANK YOU. >> COUNCIL PRESIDENT, COUNCILOR ROGERS, UNDER 14-8-43, THE CITY COUNCIL IS REQUIRED TO APPROVE GRANTS AT $100,000 OR MORE. THAT'S SECTION F. THAT'S THE ONLY SPECIFIC REQUIREMENT IN THAT SECTION ON MRAs. >>COUN. ROGERS: THANK YOU. >>COUN. LEWIS: ANY OTHER DISCUSSION? AMENDMENT NUMBER SIX. CLOSE DISCUSSION. [ ROLL CALL ]. >>COUN. BACA: NO. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: NO. >> IT PASSES ON A 6-3 VOTE. >>COUN. LEWIS: COUNCILORS WE'RE BACK ON THE BILL AS AMENDED. WE'LL GO TO DISCUSSION ON THE BILL. ANY OTHER QUESTIONS, DISCUSSION ON THE BILL? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: MR. PRESIDENT, I'M REALLY CONCERNED ABOUT THE $100,000 LIMIT WE'VE PLACED ON ACTIVITIES OF THE TIP THROUGH THESE AMENDMENTS. I THINK WE'VE HEARD FROM THE DIRECTOR THAT IS REALLY GOING TO IMPACT THE ABILITY TO DO DEALS. I WONDER IF WE CAN HEAR A LITTLE MORE ABOUT THAT AND I WOULD LOVE TO MOVE AN AMENDMENT TO CHANGE $100,000 TO AT LEAST $5 MILLION THROUGHOUT THE BILL SO THAT WE CAN ACTUALLY GIVE THE TIP A CHANCE OF WORKING. >>COUN. LEWIS: THAT WOULD HAVE TO BE A BRAND NEW AMENDMENT. WE ALREADY PASSED THAT AMENDMENT. >>COUN. FIEBELKORN: I'M PROPOSING AMENDMENT NUMBER THREE TO CHANGE THE THRESHOLD TO $5 MILLION. >>COUN. LEWIS: SECONDED BY COUNCILOR BACA. ALL RIGHT. NOW WE'RE ON THE DISCUSSION. OR QUESTIONS ON AMENDMENT NUMBER SIX -- SEVEN. SOMETIMES THEY REPLACE THE OTHER ONES. THIS IS AMENDMENT NUMBER SEVEN. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I THINK BASED ON WHAT WE'VE HEARD FROM DIRECTOR BRUNER THAT IT'S NOT GOING TO GENERATE A WHOLE BUNCH OF MONEY FOR -- UNTIL 2027, I THINK THAT WE COULD REVISIT THAT IN NINE MONTHS WHEN WE HAVE A PLAN AND REVISIT IT THEN WHEN WE KNOW MORE OR LESS WHAT THE REVENUE IS GOING TO BE. RIGHT NOW, I HEARD HE SAID MAYBE $10,000. WE DON'T REALLY KNOW. IT'S HARD FOR US TO BUILD A THRESHOLD PERIOD. I THINK FOR ME I JUST DON'T WANT TO LET PEOPLE HAVE A BLANK CHECK. THAT'S MY CONCERN. JUST A BLANK CHECK TO DO WHATEVER, YOU DON'T HAVE TO COME BACK TO COUNCIL. I THINK WHEN DIRECTOR DRUNER AND THE DEPARTMENT DOES THE WORK TO COME BACK WE CAN AMEND THAT THEN. I DON'T THINK WE REALLY KNOW ENOUGH TO BE PUTTING ANYTHING GOOD. >>COUN. LEWIS: THE AMENDMENT LIMITED IT TO $100,000. TYPICALLY IT WOULD HAVE BEEN UNLIMITED. I WOULD HAVE AGREED WITH THAT. I THINK THIS NEEDS AN OPPORTUNITY TO DEVELOP. THIS AMENDMENT -- ACTUALLY PREFER STRIKING THE AMENDMENT. BUT IF THE PROPOSAL IS FOR $5 MILLION, IT'S BEEN SECONDED. COUNCILORS, ANY OTHER DISCUSSION? COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. THIS IS ONLY 102. THE AMOUNT OF AMENDMENTS GOING ON BACK AND FORTH AND RESTRICTION HERE AND UNLIMITED HERE, EVERYBODY -- THE TONE OF IT IS THIS IS A VERY IMPORTANT TOPIC AND WE'RE TRYING TO COVER ALL THE WHAT IF RIGHT OFF THE BAT. RATHER THAN ADJUSTING IT. YOU'RE WORKING ON THE SEVENTH AMENDMENT TONIGHT. I WOULD MUCH RATHER HAVE A RESTRICTION AND BE ABLE TO GROW OUT THAN IT'S MORE DIFFICULT TO GROW BACK IN AND START RESTRICTING IT FROM SOMETHING BIGGER. IT CONTRADICTS A LOT OF THINGS I WAS TAUGHT IN MY PREVIOUS LIFE. IT'S ALWAYS TO HAVE SOMETHING REALLY BIG AND SHRINK IT DOWN. WHEREAS, WE'RE TRYING TO KEEP THIS IN A CERTAIN AMOUNT OF AREA AND WATCH IT BLOSSOM OVER THE NEXT SEVERAL YEARS AND MAKE THE ADJUSTMENTS THERE SAYING THIS ISN'T GOING TO WORK BECAUSE WE'RE GETTING THE X AMOUNT OF MONEY AND WE'RE HAVING TO COME TO YOU SO MANY TIMES SO LET'S EXPAND IT. WITH THAT BEING SAID, BEFORE THIS AMENDMENT, I DON'T KNOW HOW TO DO THIS. BUT I -- WE NEED SOME MORE TIME TO DEVELOP. AS IMPORTANT AS WE ALL THINK IT IS TONIGHT. >>COUN. LEWIS: WE'RE ON AMENDMENT NUMBER SEVEN. I THINK IT'S IMPORTANT WE GIVE THIS THE VERY BEST OPPORTUNITY TO DEVELOP. I TEND TO NOT WANT TO PUT A WHOLE LOT OF RESTRICTIONS ON IT BECAUSE I WANT TO GIVE IT AN OPPORTUNITY TO SUCCEED. I DO UNDERSTAND THE COUNCIL'S DESIRE TO HAVE CHECKS. I GET IT. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I AGREE. I THINK IF WE WANT THIS TO SUCCEED WE DID PASS THE AMENDMENT THAT SAYS THEY'RE GOING TO COME UP WITH A PROPOSAL FOR A GOVERNING BODY THAT WILL COME BACK TO THIS COUNCIL FOR APPROVAL. IF WE DON'T LIKE THAT GOVERNING BODY WE CAN SAY WE DON'T LIKE IT. BUT THAT GOVERNING BODY IS GOING TO BE THE DECISION MAKING ON THIS TIP. IF YOU'RE GOING TO HAVE A TIP, YOU MIGHT AS WELL HAVE THE FREEDOM TO ACTUALLY DO PROJECTS AND GET THINGS DONE. I DO HAVE ONE QUESTION WHILE WE'RE WAITING. IS THERE ANY OTHER TIPS THAT WE'RE AWARE OF THAT SET A LIMIT ON THE NUMBER, THE THRESHOLD AMOUNT FOR PROJECTS? I'VE LOOKED AT QUITE A FEW AND I HAVE NOT SEEN ANY. >> MR. PRESIDENT, COUNCILOR FIEBELKORN, I WANT TO MAKE SURE DIRECTOR BRUNER OR MR. MEREHEAD AS THE CHANCE TO ANSWER THAT QUESTION. I THINK WE HAVE, AS WE'VE SAID, COMPILED DATA FROM ACROSS THE COUNTRY FOR BEST PRACTICES. WE'VE MADE A COMMITMENT IN THAT FIRST AMENDMENT TO COME BACK TO YOU ALL AND GIVE ALL OF THAT OPPORTUNITY FOR COMMUNITY INPUT IN THIS PROCESS, WHEN YOU SAY GOVERNING STRUCTURE IT IS EVERYTHING RELATED TO THE BODIES AS WELL AS MANY OF THE ITEMS WE'RE ALL DISCUSSING AND ENSURING YOU HAVE THE OPPORTUNITY TO USE THE TOOLS THAT THEY ARE DOING THE WORK TO BRING FORWARD. FOR EDUCATION AND FOR THE OPPORTUNITY TO DO THE BEST. I APPRECIATE THE COMMENTS AND THE CONCERN AND THE FOCUS. THIS IS VERY IMPORTANT. THIS IS AN INCREDIBLE TOOL FOR US FOR ECONOMIC DEVELOPMENT. THERE'S A GREAT OPPORTUNITY FOR US ENSURE WE CAN INVEST IN COMMUNITIES WITH THE DOLLARS WILL BE COLLECTED IN THESE INCREMENTS. I THINK WE'VE MADE A DIRECT COMMITMENT THROUGHOUT THIS PROCESS OF AN INTENT TO BRING TO YOU A PROPOSAL SO THAT YOU HAVE AN OPPORTUNITY TO PARTICIPATE IN THE PROCESS OF HOW THAT HAPPENS BUT APPROVE THAT PLAN. I APPRECIATE, I THINK, COUNCILOR LEWIS AND OTHERS MADE THIS POINT. WE HAVE 2025 TO DO THIS WORK. WE'RE ASKING FOR PERMISSION TO GET STARTED SO WE CAN CAN SEND ALL THE RIGHT SIGNALS TO THE PARTNERS, THE STATE, AND EVERYONE ELSE WE HAVE THIS INTENTION AND WE NEED THE WORK TO START. IT'S A LONG-WINDED ANSWER TO YOUR QUESTION. I DON'T BELIEVE STARTING WITH A LIMITATION ALLOWS THE TIP TO BE SET UP IN A WAY THAT ALLOWS INDIVIDUALS IN THE COMMUNITY TO BEGIN TO PARTICIPATE WITH AN INTENT TO BENEFIT IN THOSE COMMUNITIES AND HAVE DEVELOPERS UNDERSTAND THE VALUE. I THINK WE'RE GOING TO HEAR FROM THE COMMUNITY. AND I THINK WE'RE GOING TO HEAR FROM DEVELOPERS THAT THROUGH THIS PROCESS, THE MRAs ELIGIBLE FOR TIP, OR WANT TO BE ELIGIBLE WILL HAVE THOSE OPPORTUNITIES TO VOICE THAT. AS MENTIONED BY COUNCILOR ROGERS TO ENSURE WE HAVE COMMUNITY INPUT. THERE'S AN EXAMPLE, I DON'T KNOW OF ONE RIGHT NOW OFF THE TOP OF MY HEAD. DO YOU HAVE AN EXAMPLE OF WE HAVE SEEN LIMITS SET? >> MR. PRESIDENT, COUNCILORS, I HAVEN'T FOUND LOT OF EXAMPLES OF THAT EXCEPT IN THE CASE OF GRANT PROGRAMS. WHERE THEY HAVE SMALL GRANT PROGRAMS FOR BUSINESS REHABS SIMILAR TO WHAT WE DO RIGHT NOW. I WANT TO EMPHASIZE THAT RIGHT NOW YOU HAVE SET UP THREE STEPS FOR ANYBODY TO GET APPROVALS FROM THEIR PROJECT. YOU HAVE A TIP BOARD, YOU HAVE AN ADC, AND CITY COUNCIL. IF THAT PARTICULAR DEVELOPER WAS ALSO TRYING TO GET AFFORDABLE HOUSING THEY GO THROUGH THE HHH PROCESS AS WELL. THE ONE THING DEVELOPERS DON'T LIKE IS A LOT OF PAPERWORK AND HURDLES AND THINGS THAT MAKE IT HARDER TO GET THEIR DEAL DONE. I THINK WE ALSO NEED TO THINK ABOUT THAT IN SPIRIT AND WE TALKED ABOUT THE FINANCING FOR A PROJECT. IF YOU HAVE A DEVELOPMENT THAT'S ABOUT TO LEAVE DOWN AND IT'S ALMOST DONE THEY NEED $3 MILLION, DO THEY HAVE TO GO THROUGH THREE STEPS TO GET THE $3 MILLION OR GO THROUGH A CERTAIN LEVEL OF ANALYSIS? I THINK THAT'S ALL IMPORTANT THINGS TO CONSIDER. THAT'S WHY A LOT OF TIPS LEAVE IT AS AN OPEN PROPOSITION AND THEY CREATE RULES AND PROGRAM RULES AND THINGS LIKE THAT FOR THE TYPES OF FINANCIAL VEHICLES. WE SEE THAT IN TUCSON OR SALT LAKE WHERE THEY SAY WE'RE JUST DOING LOAN GUARANTEES. YOU CAN HAVE FLEXIBILITY IN THE TOOLS YOU USE. YOU WANT TO BE FLEXIBLE AS THINGS MOVE ALONG. AS THINGS BECOME POPULAR IN THE DEVELOPMENT COMMUNITY OR UNPOPULAR. I THINK LIMITING YOURSELF IS THE OPPOSITE OF WHAT YOU WANT TO TRY TO DO. I KNOW YOU WANT OVERSIGHT AND WE HAVE LOTS OF EXAMPLES IN OUR MRA TIP BEST PRACTICES GUIDE ON THE DIFFERENT TYPES OF THINGS COMMUNITIES DO TO MAKE SURE TRANSPARENCY IS NUMBER ONE AND PROCESS IS IMPORTANT TOO. AND GETTING THE BEST DEVELOPMENT PROJECT THAT MEET THE COMMUNITY WHERE IT'S AT. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. GIVEN ALL OF THAT, I PROPOSE TO AMEND MY AMENDMENT TO DELETE SECTION 13A. A OF SECTION 13 WOULD BE DELETED IN MY AMENDMENT. WHICH WOULD TAKE AWAY THE RESTRICTIONS THAT DIRECTOR BRUNER IS SAYING WOULD BE SO DETRIMENTAL. I'LL SPELL IT OUT. SECTION 13 SAYS CITY COUNCIL POWERS, MAINTAINS OVERSIGHT OF THE FOLLOWING RESPONSIBILITIES. I'M STRIKING A. ALL PROJECTS AND PROGRAMS RECEIVING $100,000 MORE OR IN REVENUE CONTRIBUTIONS. THAT SENTENCE WOULD BE STRUCK. >>COUN. LEWIS: THAT'S THE AMENDMENT. IT'S MOVED. ANY OTHER DISCUSSION ON THAT? COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I'M NOT WORRIED IF WE HAVE TOO MUCH WORK WHEN IT COMES TO THE COUNCIL TO APPROVE OVER $100,000 WORTH OF PROJECTS. IF IT BECOMES CUMBERSOME, WE'VE HEARD WE CAN CHANGE THE LATER. TO ME, I WOULD RATHER, AT LEAST IN MY OPINION, MAKE SURE TO HAVE THAT OVERSIGHT FOR $100,000 FOR THE TIME BEING. IT'S GOING TO TAKE YEARS TO EVEN GET TO $100,000, SO WHAT'S THE PROBLEM? TRY $200,000, IF IT'S MORE THAN THAT IT'S OUR JOB. WE HAVE TWO JOBS IN ALBUQUERQUE. ONE IS TO DO THE BUDGETARY ISSUES LIKE THIS. AND TWO IS CREATE LEGISLATION. I WAS ELECTED TWICE AND I'M EXCITED AND PROUD OF THAT. I HAVE A JOB TO DO FOR OUR CONSTITUENTS, FOR MY CONSTITUENTS AND THAT'S REALLY IMPORTANT. I'M GOING TO BE WILLING TO LEAVE IT AT $100,000 FOR NOW. AND IF THE GOVERNING BODY COMES BACK LATER, EVEN THOUGH I BELIEVE WE'RE THE GOVERNING BODY, WE CAN CONSIDER CHANGING IT. >>COUN. LEWIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THEY'RE PUTTING UP MY PROPOSED AMENDMENT THAT TAKES AWAY THE LIMITATION. AGAIN, I REALIZE WE WON'T HAVE A LOT OF MONEY COMING IN. BUT WE'RE TRYING TO GIVE IT AUTHORITY TO MOVE FORWARD FROM THE VERY BEGINNING. WE WANT A BOARD THAT IS GOVERNING THIS ENTITY. THEY WANT TO BE ABLE TO MOVE FORWARD WITH PLANS AS SOON AS POSSIBLE. I THINK THESE RESTRICTIONS AND ALL OF THE CHANGES WE'VE MADE TONIGHT MIGHT HAVE SOME DETRIMENTAL EFFECTS ON PROJECTS AND DEALS EVEN COMING UP IN THE NEXT FIVE YEARS. BECAUSE ONCE YOU SEE THIS IS A RESTRICTIVE PROCESS DEVELOPERS MAY NOT BE THAT INTERESTED ANYMORE. I WOULD ARGUE THE EXACT SAME THING THAT COUNCILOR BASSAN SAID IN OPPOSITION. I THINK IT'S IMPORTANT WE START OUT FROM THE SCRATCH WITH THE BROAD STROKE AND ALLOW THIS TIP TO DEVELOP AND IF WE NEED TO PUT GUARDRAILS LATER WE CERTAINLY CAN. I THINK WE ARE REALLY HANDICAPPING OURSELVES AS THIS NEW BOARD GETS GOING AND THE TIP GETS ROLLING TO REALLY GET PROJECTS MOVING FOR OUR CITY. >>COUN. LEWIS: LET ME ASK THE ADMINISTRATION THIS. THIS AMENDMENT -- COULD YOU LIVE WITHOUT THIS AMENDMENT RIGHT NOW AS IT STANDS? WITH THE CHANCE THIS COULD PASS TONIGHT, IF THIS AMENDMENT PASSES AND MAYBE THERE'S A CHANCE IT DOESN'T. THAT'S A TOUGH QUESTION TO ASK. I GUESS I WANT TO HEAR. LET ME HEAR THE URGENCY FROM YOUR PERSPECTIVE THAT WE MOVE THIS FORWARD TONIGHT. >> I THINK OUR FIRST AND FOREMOST INTEREST IS TO GET THIS PASSED SOWY WE CAN GET IN THE STATE PROCESS. WE'RE IN THE DRIVER'S SEAT TO BE THE FIRST IN THE STATE. WE HAVE THE CHANCE TO WRITE THE RULES AT THE STATE LEVEL AND GET IN THE DOOR FIRST. THAT'S MY NUMBER ONE PRIORITY. I STILL BELIEVE WE HAVE MONTHS TO GO IN DETERMINING HOW THIS WILL LOOK. I THINK BEING PREDISPOSED ONE WAY OR ANOTHER TO LIMIT THIS IS NOT THE BEST IDEA. OUR BEST INTEREST IS MOVING THIS FORWARD. >>COUN. LEWIS: AMENDMENT NUMBER SEVEN. ANY OTHER DISCUSSION ON THE AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: NO. >>COUN. BASSAN: NO. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. PEÑA: NO. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> FAILS ON A 1-8 VOTE. >>COUN. LEWIS: COUNCILORS, WE'RE BACK ON THE BILL ASAMENDED. ANY OTHER DISCUSSION ON THE BILL AS AMENDED? COUNCILOR CHAMPINE. LET ME GO TO COUNCILOR BACA FIRST. >>COUN. BACA: I WAS GOING TO SAY WE TALKED ABOUT THIS, SO I URGE YOUR SUPPORT. >>COUN. LEWIS: WE'LL SAVE THAT. WE'LL HAVE YOU CLOSE IN JUST A MOMENT. WE'LL GO BACK TO COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. WE'VE HAD A LOT OF DISCUSSIONS AND A LOT OF AMENDMENTS. THIS IS A BIG THING AND WE DON'T WANT TO MESS UP. I SUPPORT THE IDEA. I SUPPORT WHAT IT CAN BE FOR DOWNTOWN, WHAT WE CAN BE FOR AS A CITY. THE BIGGEST CITY IN THE STATE, AND WHAT WE COULD BE. IT'S A LOT TO DIGEST. WITH THAT BEING SAID, I WANT TO MAKE A MOTION TO DEFER THIS FOR 30 DAYS SO WE CAN DIGEST ALL OF THIS AND MAKE SURE WE'RE GETTING IT RIGHT AND UNDERSTAND IT AND SAY WE CAN AGREE, AND DIGEST IT ALL AND COMPLETELY UNDERSTAND IT. AND SO WE DO GET IT RIGHT WHEN IT GOES IN FRONT OF AND BE A PART OF THIS CONTINUING THE FLAGSHIP. >>COUN. LEWIS: MOTION TO DEFER. HOW LONG DID YOU SAY? >>COUN. CHAMPINE: 30 DAYS. >>COUN. LEWIS: 30-DAY DEFERRAL. COUNCILOR BACA. >>COUN. BACA: YOU THINK, YEAH. THERE'S ALWAYS NEED TO DIGEST AND DISCUSS. LAST COUNCIL MEETING WE DISCUSSED HAVING TIMELINES AND DEADLINES AND THAT WOULD CAUSE SERIOUS PROBLEMS ESPECIALLY FOR A 30-DAY DEFERRAL. AS WE'VE ALL SAID, THIS IS A START, THIS IS A BEGINNING. IT WILL GET CHANGED OVER THE NEXT FEW MONTHS AND IT WILL GET CHANGED OVER THE LIFE OF IT. I WOULDN'T HOLD BACK ECONOMIC DEVELOPMENT FROM ANOTHER DISTRICT. I URGE FOLKS TO NOT DEFER IT AND JUST VOTE TODAY. THANK YOU. >>COUN. LEWIS: WE'LL CLOSE DISCUSSION ON THE DEFERRAL. MOTION AND SECOND TO DEFER. [ ROLL CALL ]. >>COUN. BACA: NO. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: NO. >>COUN. PEÑA: NO. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> FAILS ON A 2-7 VOTE. >>COUN. LEWIS: R-102 AS AMENDED. ANY OTHER DISCUSSION? THE MOTION BEFORE US IS DO PASS APPROVAL. IT'S BEEN SECONDED. ANY OTHER DISCUSSION? CLOSE DISCUSSION. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILORS, R-103 MIRRORS THAT BILL. WE REALLY NEED TO MIRROR THE AMENDMENTS AS WELL, I BELIEVE. WE'LL DO THAT. COUNCILOR BACA. >>COUN. BACA: THANK YOU, MR. PRESIDENT. R103, AMOVING THE REDEVELOPMENT AREA FOR TAX INCREMENT FINANCING FOR PROPERTY TAX INCREMENT FINANCING. I MOVE DO PASS AS AMENDED. >>COUN. FIEBELKORN: SECOND. >>COUN. LEWIS: R-103. MOVED AND SECONDED BY COUNCILOR BASSAN. DO WE NEED TO MOVE THE EXACT SAME AMENDMENTS? OF COURSE, ANYONE CAN MOVE ANYTHING ELSE IF THEY WANT TO. BUT BECAUSE THIS BILL NEEDS TO MIRROR THE OTHER BILL, WE NEED TO MOVE THEM THE EXACT SAME WAY? >> MR. PRESIDENT, I MOVE THE COUNCIL MOVE THE SAME AMENDMENTS SO THE BILLS MATCH. >>COUN. LEWIS: YOU'RE GOING TO HAVE TO REMIND ME OF WHAT PASSED AND WHAT ORDER IT WAS IN. I THINK IT STARTED WITH COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: ON PAGE FIVE LINE 21 CREATE SECTION AS FOLLOWS. SECTION 11 GOVERNANCE, METROPOLITAN REDEVELOPMENT AGENCY PROPOSAL GOVERNMENT STRUCTURE SIMILAR TO THE TID FOR ANY TAX INCREMENT FINANCING TO THE CITY COUNCIL NO LATER THAN NINE MOVES. I MOVE A DUE PASS. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR GROUT. ANY DISCUSSION OR QUESTIONS ON AMENDMENT NUMBER ONE? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: I BELIEVE AMENDMENT NUMBER TWO IS COUNCILOR GROUT. >>COUN. GROUT: MR. PRESIDENT, I LIKE TO MOVE FLOOR AMENDMENT NUMBER TWO. >>COUN. LEWIS: SECONDED BY COUNCILOR BASSAN. >>COUN. LEWIS: LET'S MOVE IT AS AMENDMENT NUMBER TWO AS AMENDED. THAT'S THE MOTION. THAT'S MOVED AND SECONDED BY COUNCILOR BASSAN. COUNCILORS, ANY DISCUSSION OR QUESTIONS ON AMENDMENT NUMBER TWO? >>COUN. BASSAN: MR. PRESIDENT, I JUST WANT A POINT OF CLARIFICATION. IS IT POSSIBLE TO SAY AS AMENDED IN ANOTHER BILL? >>COUN. LEWIS: WE'RE USING THE SAME LANGUAGE. WE AMEND IT THE SAME WAY. >> COUNCILOR LEWIS, COUNCILOR BASSAN, THE SPECIFIC SECTION AMENDED OUT OF COUNCILOR GROUT'S AMENDMENT IS SECTION 16. >>COUN. BASSAN: MR. PRESIDENT, I'M AWARE OF THAT. MR. PRESIDENT, I MAKE A MOTION TO AMEND AMENDMENT NUMBER TWO. >>COUN. LEWIS: THAT'S CORRECT. >>COUN. BASSAN: IT'S THE SAME THING AS THE LAST ONE, BUT I WANT IT TO BE ON THE RECORD. >>COUN. LEWIS: ALL RIGHT. THE MOTION TO AMEND IT THE SAME WAY WE AMENDED AMENDMENT NUMBER TWO. THAT'S THE MOTION ON THE FLOOR. SECONDED BY COUNCILOR CHAMPINE. DISCUSSION, QUESTIONS ON THAT AMENDMENT TO YOUR AMENDMENT NUMBER TWO? [ ROLL CALL ]. >>COUN. BACA: [ INAUDIBLE ]. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON ON 8-1 VOTE. >>COUN. GROUT: THE FLOOR AMENDMENT NUMBER TWO AS AMENDED. >>COUN. LEWIS: MOTION IS FLOOR AMENDMENT TWO AS AMENDED. IT'S MOVED AND SECONDED BY COUNCILOR BASSAN. DISCUSSION OR QUESTIONS ON THE AMENDMENT? SEEING NONE. MADAM CLERK. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON AN 8-1 VOTE. >>COUN. LEWIS: WE'RE ON AMENDMENT NUMBER THREE. I'M BEING SCOLD ON ROBERT'S RULES OF ORDER. AMENDMENT NUMBER THREE, I BELIEVE. >> MR. PRESIDENT, ONE THAT FAILED. IF SHE DOESN'T WANT TO MOVE IT WE'LL GO ON. BUT IT'S FLOOR AMENDMENT NUMBER THREE, BUT IN YOUR BOOKS OR INSIDE THE ONE DRIVE IT'S AMENDMENT NUMBER FOUR. >>COUN. LEWIS: AMENDMENT NUMBER FOUR. I MOVE AMENDMENT NUMBER FOUR. THIS IS AMENDMENT NUMBER THREE TO THIS BILL. SECONDED BY COUNCILOR FIEBELKORN. THIS IS THE AMENDMENT BY COUNCILOR BACA AND MYSELF, CORRECT? OKAY. ALL RIGHT. IT'S AMENDMENT NUMBER FIVE IN YOUR iPADS. AND IT'S AMENDMENT NUMBER THREE TO THIS BILL. COUNCILORS, ANY DISCUSSION OR QUESTIONS ON THE BILL? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: I BELIEVE WE'RE ON COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I'M NOT MOVING ONE OF THEM. I WOULD LIKE TO MOVE AMENDMENT NUMBER FOUR, WHICH IS TO ADD A COUNCIL AUTHORITY OVER PUBLIC PROJECTS. ANY PUBLIC PROJECT INCLUDING RIGHT-OF-WAY OR RECEIVING AT OR ABOVE $100,000 FOR THE LIFE OF THE TIP MUST RECEIVE EXCLUSIVE PERMISSION FROM THE COUNCIL. >>COUN. LEWIS: SECONDED BY COUNCILOR GROUT. AMENDMENT NUMBER FOUR. ANY DISCUSSION OR QUESTIONS ON AMENDMENT NUMBER FOUR? [ ROLL CALL ]. >>COUN. BACA: NO. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: NO. >> PASSES ON A 6-3 VOTE. >>COUN. LEWIS: COUNCILORS, ANY OTHER AMENDMENTS? STAFF, DID WE COVER EVERYTHING? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: MR. PRESIDENT, WE HAVE PEOPLE SIGNED UP TO SPEAK. >>COUN. LEWIS: OKAY. WE'LL GO TO PUBLIC COMMENTS. THIS IS R-103. >>COUN. BASSAN: ALSO, MR. PRESIDENT, I HAVE ANOTHER AMENDMENT. >> THANK YOU, MR. PRESIDENT. WE HAVE THE SAME SPEAKERS THAT WE HAD ON 102. FIRST IT'S WILLIAM FOLLOWED BY BRIAN FOLLOWED BY -- BRIAN. WE'LL SHIFT TO ZOOM AND DANNY. HE'S NO LONGER ONLINE. WE'LL GO WITH [ INAUDIBLE ] FOLLOWED BY CHAD. >> GOOD EVENING, COUNCIL PRESIDENT, MEMBERS OF THE COUNCIL THANK YOU FOR LETTING ME SPEAK ON BEHALF OF THE ALBUQUERQUE REGIONAL ECONOMIC ALLIANCE. I'M SENIOR VICE PRESIDENT AND SIMPLY WANT TO SPEAK IN SUPPORT OF PASSING THE BILL MENTIONED. THANK YOU. >> DOUG. >> GOOD EVENING, COUNCILORS. AGAIN, I DON'T MEAN TO REPEAT, BUT I'M CHAIRMAN OF THE ALBUQUERQUE CHAMBER OF COMERS. DOWNTOWN -- AND I'M NOT GOING TO REPEAT MY COMMENTS. BUT I SPEAK IN SUPPORT OF THIS BILL. AND I HOPE THAT IT PASSES. THANK YOU. >> MR. PRESIDENT, THAT CONCLUDES COMMENT. >>COUN. LEWIS: OKAY. WE ARE GOING TO GO TO -- THIS IS R-107. >>COUN. BASSAN: MR. PRESIDENT, I BELIEVE WE'RE ON 103. >>COUN. LEWIS: WE'RE ON 103. ANY DISCUSSION ON 103 AS AMENDED? COUNCILOR BASSAN, YOU HAVE ANOTHER AMENDMENT? >>COUN. BASSAN: THANK YOU. I WOULD LIKE TO MOVE AMENDMENT NUMBER FIVE. ON PAGE FIVE -- THIS RESOLUTION SHALL BE CONDITIONALLY APPROVED SUBJECT TO THE COUNTY TO PARTICIPATE IN THE TIP. IF THE COUNTY FAILS TO PARTICIPATE THIS RESOLUTION SHALL AUTOMATICALLY EXPIRE. MR. PRESIDENT, MY THOUGHTS BEHIND THIS, AND I WOULD LIKE TO HAVE MS. DELGADO SHARE WHAT PERCENTAGE AND RATIO OF CITY PROPERTY TAXES GET INPUTTED VERSUS THE COUNTY. >>COUN. LEWIS: QUESTION FOR OUR STAFF? >>COUN. BASSAN: YES, SIR. >> COUNCIL PRESIDENT, COUNCILOR BASSAN, I'M GOING TO PULL UP THE TAX RATE. AND WE WILL HAVE THAT DISCUSSION IN MILL RATES. >>COUN. BASSAN: MR. PRESIDENT, IT CAN BE REAL GENERAL. FROM MY UNDERSTANDING AND EXPECTATION, COUNCILORS, WHEN WE PAY PROPERTY TAXES THE STATE GETS THE WHOLE THING AND THEY DIVVY IT OUT TO THE COUNTY AND THE CITY. THEY DIVVY MORE TO THE COUNTY THAN THE CITY. IF WE'RE DOING THIS AND TALKING ABOUT INCREMENTS AND ALL THAT, I THINK WE NEED TO MAKE SURE THE COUNTY COMES TO THE TABLE SO WE HAVE THE POTENTIAL OF HAVING MORE PROPERTY TAX INVESTMENT INCLUDED IN THIS. >>COUN. LEWIS: THAT'S MOVED AND SECONDED BY COUNCILOR CHAMPINE. TO OUR STAFF, THIS WOULD NOT CONFLICT. WOULD WE HAVE TO AMEND? >>COUN. BASSAN: MR. PRESIDENT, CAN MS. DELGADO ANSWER MY QUESTION THAT I ASKED? >> COUNCILOR LEWIS, COUNCILOR BASSAN, SO THIS IS A HIGH LEVEL OVERVIEW OF WHAT IS GOING THROUGH THE TID DISTRICT. WHAT A PROPERTY TAX GETS ALLOCATED TO THE COUNTY AND TO THE CITY. IN TERMS OF RESIDENTIAL PROPERTY TAX THE COUNTY RECEIVES EIGHT POINTS FOR MILL. AND THE CITY RECEIVES 11.146. IN TERMS OF NON-RESIDENTIAL PROPERTY TAXES LIKE COMMERCIAL, COUNTY RECEIVES 12.214 AND THE CITY WOULD RECEIVE 11.5. >>COUN. BASSAN: MR. PRESIDENT, ARE YOU SAYING THE CITY RECEIVES MORE? IT WAS MY UNDERSTANDING THAT THE COUNTY RECEIVES MORE? >> FOR RESIDENTIAL PROPERTY TAX, THE CITY RECEIVES MORE. IT'S 8.4 AND 11.14. WHEN IT COMES TO NON-RESIDENTIAL, THE CITY RECEIVES LESS. >>COUN. BASSAN: OKAY. >>COUN. BACA: MR. PRESIDENT, I'D LIKE TO HEAR FROM MR. BRUNER. >> THANK YOU, MR. PRESIDENT, I'M A BIT MYSTIFIED BY THIS. I DON'T KNOW WHY YOU WOULDN'T TRY TO GET EVERY DOLLAR YOU COULD INTO YOUR TIF. WE'RE GOING TO CANCEL CITY PARTICIPATION IF THE COUNTY DOESN'T PARTICIPATE. I SHOULD EMPHASIZE THAT WITH ALL OF THESE PARTICIPATION RATES WE'RE GOING UP TO 75%. THE CITY COULD PARTICIPATE AT 10% SOMETIMES. OR 50 OR 60. THE COUNTY MIGHT GO IN AT 70%. YOU NEVER KNOW. I DON'T KNOW WHY YOU WOULD LIMIT YOURSELF. THAT MAKES ABSOLUTELY NO SENSE TO ME. ESPECIALLY AT A TIME WHEN THE COUNTY IS RAISING PROPERTY TAXES. AS THEY RAISE PROPERTY TAXES THEN THEY'RE REASSESSING AND REVALUING PROPERTIES WE HAVE THE OPPORTUNITY TO REAP A LOT MORE MONEY INTO OUR TIP. ON CITY TAXES ALONE. I DON'T KNOW WHY THIS LIMITATION WOULD BE BENEFICIAL. IT'S JUST VERY PUZZLING. IT DOESN'T MAKE ECONOMIC SENSE. >>COUN. BASSAN: MR. PRESIDENT, AS MYSTIFYING AS IT IS, HAVE ANY OF YOU TALKED TO THE COUNTY COMMISSIONERS BEING WILLING TO PART FROM THEIR TAX DOLLARS TO HELP THIS TIP? MR. PRESIDENT, I WOULD LIKE TO HEAR FROM SOMEBODY THAT TALKED TO COMMISSIONERS. EVERYBODY I TALKED TO, THANK YOU, MR. RUINER. IT'S NOT IN WRITING, I HAVE NOT SEEN ANY OF THAT. IT'S MY PREROGATIVE TO BE ABLE TO PUT FORWARD A MYSTIFYING AMENDMENT. >>COUN. LEWIS: COUNCILOR BACA. >>COUN. BACA: THANK YOU, MR. PRESIDENT. YOU KNOW WHAT, I AGREE WITH YOU. YES, I HAVE SPOKEN WITH MULTIPLE COMMISSIONERS ABOUT THIS AND THEY'RE GOOD WITH IT. >>COUN. LEWIS: COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU. COUNCILOR BACA, WHEN YOU SAY THEY'RE GOOD WITH IT, THEY'RE GOOD WITH THIS AMENDMENT? OR JUST THE TIFF? >>COUN. LEWIS: IS IT BUENO OR NO BUENO. >>COUN. BACA: I SAID THEY'RE GOOD WITH THE TIFF. THIS AMENDMENT IS BRAND NEW. THE TIF IN GENERAL. >>COUN. BASSAN: MR. PRESIDENT, I WOULD IMAGINE THE COUNTY COMMISSION WOULD HAVE NO PROBLEM PASSING A RESOLUTION TO SAY THEY'RE GOOD WITH IT. >>COUN. LEWIS: COUNCILORS, OTHER DISCUSSION OR QUESTIONS? THIS IS AMENDMENT NUMBER FIVE. R-103. [ ROLL CALL ]. >>COUN. BACA: NO. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: NO. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> FAILS ON A 3-6 VOTE. >>COUN. LEWIS: BACK ON 103 AS A AMENDED. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILORS, FINAL ACTIONS. ITEM 14. R-106. >>COUN. PEÑA: MR. PRESIDENT, THANK YOU. CAN WE MOVE BACK TO THE ITEM THAT WAS TABLED EARLIER? CAN WE FINISH THAT OFF? >>COUN. LEWIS: YOU WANT TO MOVE THAT OFF THE TABLE? MOTION TO MOVE R-100 OFF THE TABLE. >>COUN. FIEBELKORN: SECOND. >>COUN. LEWIS: SECOND BY COUNCILOR FIEBELKORN. >>COUN. PEÑA: WE HAVE AN AMENDMENT. I THINK THE STAFF DRAFTED IT. THEY CAN PULL IT UP. >>COUN. LEWIS: MADAM CLERK. COUNCILOR PEÑA, WE'RE GOING TO -- >>COUN. PEÑA: THE FOLLOWING APPROPRIATIONS ARE MADE BY CAPITAL -- DID I GET THIS RIGHT? >> COUNCILOR PEÑA. >>COUN. LEWIS: COUNCILOR PEÑA. >> WE NEED TO MOVE IT OFF THE TABLE. >>COUN. LEWIS: WE'RE GOING TO MOVE IT OFF THE TABLE. >>COUN. PEÑA: I'M SORRY. [ ROLL CALL ]. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON AN 8-0 VOTE. >>COUN. LEWIS: COUNCILOR PEÑA, YOU HAVE AN AMENDMENT? >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. APOLOGIZE FOR THAT. FLOOR AMENDMENT NUMBER ONE TO R-24-100. AMEND PAGE 1, LINE 24, INSORT SECTION TWO. SECTION TWO, CITY COUNCI URGES THE STATE OF NEW MEXICO TO ENACT AN AFFORDABLE HOUSING THAT INCLUDES EQUITY AND UTILIZES STATE FUNDS TO COMPLY WITH FEDERAL GUIDELINES AND PROHIBIT THE CLUSTERING OF AFFORDABLE HOUSING LOCATED WITHIN A POCKET OF POVERTY. THE EXPLANATION IS IT URGES THE STATE TO INCLUDE EQUITY CRITERIA TO FOLLOW A FEDERAL GUIDELINE WHEN LOCATING AFFORDABLE HOUSING PROJECTS. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR SANCHEZ. ANY DISCUSSION OR QUESTIONS TO THE AMENDMENT? THIS IS R-100. THIS IS AMENDMENT NUMBER ONE. [ ROLL CALL ]. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. ANY QUESTIONS ON THE FINAL BILL? OKAY. CALL THE VOTE. [ ROLL CALL ]. >>COUN. BASSAN: NO. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON A 7-1 VOTE. >>COUN. LEWIS: WE'RE ON FINAL ACTIONS. COUNCILOR PEÑA, R-106. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. R-106 IS ADJUSTING FISCAL YEAR 2024 APPROPRIATIONS FOR CERTAIN FUNDS AND PROGRAMS TO PROVIDE FOR ACTUAL EXPENDITURES AND ADJUSTING FISCAL YEAR 2025 OPERATINGING AND GRANT PROEPGS. I MOVE A DO PASS. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR ROGERS. ANYONE SIGNED UP TO SPEAK? NOBODY IS ON. COUNCILORS, ANY DISCUSSION? R-106. MOVED APPROVAL. WE HAVE A NUMBER OF AMENDMENTS. >>COUN. FIEBELKORN: MR. PRESIDENT, I CAN MOVE AMENDMENT NUMBER ONE. >>COUN. LEWIS: ALL RIGHT. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I'M GOING TO MOVE FLOOR AMENDMENT NUMBER ONE. ON PAGE FOUR AFTER LINE ONE INSERT THE FOLLOWING, ENERGY AND SUSTAINABILITY $100,000. THIS APPROPRIATES FUNDS FROM RESERVE BALANCE TO PROSPERITY WORKS REWARDING THEIR ENERGIES EFFICIENCY PROGRAM AND IMPROVING HEALTH. THIS IS A PROGRAM THAT AWARDED MANY OF AWARDS AND HELPING OUR LOWEST INCOME NEIGHBORS TO REDUCE THEIR UTILITY BILLS AND FOR SOME REASON THAT I HAVE NOT BEEN ABLE TO DISCERN THE FUNDING WAS DROPPED OUT OF THE BUDGET AFTER I ASKED ABOUT IT AND SAID IT WAS FUNDED. THIS IS RETURNING THE FUNDING TO HELP ALBUQUERQUE RESIDENT LOWER ENERGY BILLS. >>COUN. LEWIS: MOVED, AND SECONDED BY COUNCILOR GROUT. [ ROLL CALL ]. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON AN 8-0 VOTE. >>COUN. LEWIS: OTHER AMENDMENT, COUNCILOR PEÑA? >> COUNCILOR PEÑA, YOU'RE MUTED. >>COUN. PEÑA: I'M SORRY. I'D LIKE TO MOVE FLOOR AMENDMENT NUMBER TWO. AND THIS IS -- I'LL DO THE EXPLANATION. THE AMENDMENT CREATES RESERVE FRUND FOR THE 6 MILLION APPROPRIATED FOR THE AFFORDABLE HOUSING UNIT. THIS IS JUST A -- I KNOW THERE'S A MOVEMENT OF $6 MILLION INTO THE AFFORDABLE HOUSING. THIS IS JUST BRINGING IT BACK TO WHAT THEY'RE GOING TO EXPEND THIS SO THEY CAN EXPEND IT. >>COUN. LEWIS: SECONDED BY COUNCILOR GROUT. DISCUSSION ON AMENDMENT NUMBER TWO? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILOR GROUT. >>COUN. GROUT: MR. PRESIDENT. I OFFER FLOOR AMENDMENT NUMBER THREE. THE EXPLANATION IS TO PROPOSE TO ALLOCATE $250,000 FROM HHH RESERVE TO DEVELOP A PUBLIC-FACING DASHBOARD. THIS DASHBOARD WILL FOCUS ON BEHAVIORAL HEALTH AND HOUSING ASSISTANCE. THE INTENTION IS TO ENHANCE TRANSPARENCY AND COMMUNITY ENGAGEMENT BY MAKING REALTIME DATA ACCESSIBLE TO THE PUBLIC. I MOVE A DO PASS. >>COUN. LEWIS: SECOND BY COUNCILOR CHAMPINE. AMENDMENT NUMBER THREE. ANY DISCUSSION OR QUESTIONS? COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I WANT TO ASK HHH A QUESTION. I KNOW YOU'RE WORKING ON A DASHBOARD FOR REFERRALS FOR UNIDA. IS SOMEBODY FROM HHH AVAILABLE? OKAY. IS $250,000 ENOUGH KNOWING WHAT YOU KNOW OF PRICING? IS THAT ENOUGH? >> MR. PRESIDENT, COUNCILOR ROGERS, I'M UNSURE ABOUT WHAT THE TOTAL COST RELATED TO UNIDA IS. >>COUN. ROGERS: MAYBE I'LL POSE THAT QUESTION TO COUNCILOR GROUT. DO YOU KNOW IF THAT'S ENOUGH? >>COUN. GROUT: WE ARE HOPEFUL THAT IT IS. THIS IS ALSO COMING FROM TALKING WITH OUR STATE REPRESENTATIVES. THEY'RE VERY INTERESTED IN GETTING THIS STARTED SO THAT WE CAN GO TO THE STATE AND ASK THEM FOR SOME MORE, IF NEEDED. SO THEY WANTED US TO DO IT ON A CITY LEVEL SO WE CAN TAKE IT TO THE STATE. THAT'S THE REQUEST. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I AGREE. I THINK THE WORK WE DID ON THE MOTEL VOUCHER WORK GROUP DEFINITELY -- I JUST WANT TO MAKE SURE IT'S ENOUGH. >>COUN. GROUT: WE CAN ALLOCATE MORE IF NEEDED. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. JUST A QUICK QUESTION TO THE SPONSOR. WE HAD A CONVERSATION AT LOCAL GOVERNMENT COORDINATING COMMISSION AROUND A DASHBOARD SIMILAR TO THIS FOR OPIOID TREATMENT ONLY. THIS IS SEPARATE FROM THAT, OR ARE YOU ENVISIONING THEM ROLLED TOGETHER? THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: AMENDMENT NUMBER THREE. ANY DISCUSSION OR QUESTIONS? >>COUN. ROGERS: THANK YOU. TO COUNCILOR FIEBELKORN'S POINT, IF THIS IS ALSO FOR TRACKING OF OPIOID FUNDS, SHOULDN'T IT EXPRESSLY SAY THAT? >>COUN. LEWIS: IT COULD SAY THAT COUNCILOR. WE JUST GOT TO GET STARTED. THE LEGISLATURE IS STARTING. WE'VE BEEN TALKING ABOUT IT FOR YEARS. WE WANT TO START DOING IT. >>COUN. ROGERS: WONDERFUL. I WOULD LIKE TO AMEND THE AMENDMENT TO SAY THIS SHOULD ALSO BE USED FOR OPIOID SETTLEMENT FUNDING. >>COUN. LEWIS: IS THAT SIMPLE ENOUGH THAT WE'LL ADD THAT SENTENCE? OKAY. >>COUN. ROGERS: OKAY, JUST ADD THIS DASH BOARD WILL FOCUS ON BEHAVIORAL HEALTH, OPIOID SETTLEMENT AND HOUSING ASSISTANCE. >>COUN. LEWIS: CAN WE JUST ADD THAT IN AS PART OF THE AMENDMENT? THAT'S AMENDED. SO, THAT'S THE AMENDMENT. IT HAS THAT LANGUAGE ON IT. ANY OTHER DISCUSSION ON THIS AMENDMENT? IT'S MOVED AND SECONDED. WE'LL CLOSE DISCUSSION. [ -- >> DID COUNCILOR GROUT APPROVE THAT FRIENDLY AMENDMENT? OR IS IT AN AMENDMENT TO THE AMENDMENT? >>COUN. GROUT: IT'S A FRIENDLY AMENDMENT. >>COUN. LEWIS: CHANGE THAT AMENDMENT THAT COUNCILOR GROUT APPROVES. THAT IS THE AMENDMENT. MOVED AND SECONDED. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I MOVE FLOOR AMENDMENT NUMBER FOUR. >>COUN. LEWIS: SECONDED BY COUNCILOR CHAMPINE. GO AHEAD, COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU. I'M WAITING FOR THEM TO PUT IT ON THE SCREEN. OKAY. THE EXPLANATION IS THIS AMENDMENT IS BY REQUEST. IT'S NECESSARY TO SATISFY THE TERMS OF THE SETTLEMENT AGREEMENT FROM 2023 AND WILL PROVIDE MRA WITH NECESSARY FUNDS TO PURSUE THE DEVELOPMENT OF AN MRA IN THE SANTA BARBARA MARTINEZ TOWN AREA. THAT'S FLOOR AMENDMENT NUMBER FOUR. >>COUN. LEWIS: THIS IS AN AMENDMENT THAT WAS IN THE PACKET AS PART OF THIS BILL? >> MR. PRESIDENT, COUNCIL, THAT AMENDMENT WAS PREPARED LATER. SHE MOVED ONE THAT WAS NUMBER FOUR, BUT WHAT IS UP ON THE SCREEN IS WHAT SHE'S TALKING ABOUT. >>COUN. LEWIS: ALL RIGHT, COUNCILORS. IT'S UP ON THE SCREEN. AMENDMENT NUMBER FOUR. QUESTIONS ON THAT AMENDMENT? COUNCILOR BACA. >>COUN. BACA: THANK YOU, MR. PRESIDENT. QUESTION FOR THE ADMINISTRATION. MY UNDERSTANDING IS THERE WAS ALREADY THE PARTICULAR MRA IS ALREADY IN THE WORKS. THANK YOU, MR. PRESIDENT. MY UNDERSTANDING IS THE MRA IS ALREADY IN THE WORKS. IT'S A QUESTION FOR THE ADMIN. CAN YOU TELL ME WHERE WE'RE AT WITH THIS? AND IF THIS IS NECESSARY? >> COUNCIL PRESIDENT, COUNCILOR BACA, EARLIER THIS YEAR WE ENTERED A SETTLEMENT AGREEMENT WITH SANTA BARBARA MARTINEZ TOWN. AND PART OF THAT AGREEMENT IS FOR COUNCIL TO PROPOSE MRA. WE UNDERSTAND THAT -- THAT'S WHY THE CORRECTION IS BEING MADE TO COMPLY WITH THE TERMS OF THE SETTLEM AGREEMENT. TO MAKE THE REQUEST THAT YOU FUND TO DEVELOP AN MRA. I BELIEVE THERE HAS BEEN WORK ON IT. WE DID THAT WITH OUR REQUESTED FUNDS. >>COUN. LEWIS: AMENDMENT NUMBER FOUR. COUNCILOR PEÑA. >>COUN. PEÑA: I'LL CLOSE BY SAYING I URGE YOUR SUPPORT. THIS IS BY REQUEST. THIS IS NOT MY AMENDMENT. IT'S BY REQUEST OF THE ADMINISTRATION. >>COUN. LEWIS: COUNCILOR CHAMPINE. >>COUN. CHAMPINE: IF THE WORK HAS BEEN STARTED, HOW MUCH HAS BEEN SPENT? YOU STARTED THE WORK WITHOUT GETTING APPROPRIATE FUNDING? >> COUNCIL PRESIDENT, COUNCILOR CHAMPINE, I BELIEVE IT'S JUST BEEN BY STAFF. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: COUNCILORS, ANY OTHER DISCUSSION? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: ANOTHER AMENDMENT. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I'D LIKE TO MOVE FLOOR AMENDMENT NUMBER FIVE, I BELIEVE. THIS AMENDMENT REALLOCATES FUNDING APD PIO TO THE ADMINISTRATIVE PERSONNEL SUPPORT FUND IN ACS. I ASK FOR A DO PASS. >>COUN. LEWIS: MOVED AND SECONDED. SECOND BY COUNCILOR CHAMPINE. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I JUST WANT TO MAKE SURE THERE'S NO LEGAL PROBLEM WITH US GETTING INVOLVED IN HR MATTERS FOR FUNDING CERTAIN POSITIONS AND DEFUNDING CERTAIN POSITIONS. >> AS A GENERAL RULE, COUNCIL SHOULD NOT GET INVOLVED WITH PERSONNEL DECISIONS. TRANSFERRING THIS FUND DOES NOT AFFECT PERSONNEL DECISIONS, IT'S JUST CHANGING THE MONEY'S BUDGET. IT'S A REQUIREMENT TO SAY -- ALL IT DOES IS MOVE AROUND FROM ONE BUDGET TO ANOTHER. >>COUN. BASSAN: MR. PRESIDENT, I GUESS, WHILE I'M NOT OPPOSED TO CERTAIN TOPICS AT HAND, I ALSO FEEL AS THOUGH WE NEED TO JUST -- THIS IS GOING TO HAVE AN IMPACT? $92,000 ISN'T THAT MUCH, CONSIDERING OUR BUDGET. I ALSO HOPE THAT WE'RE NOT PULLING MONEY FROM SOMETHING ELSE. IF THE ADMINISTRATION PULLS FROM SOMEWHERE ELSE IN THAT DEPARTMENT, NO MATTER WHAT DEPARTMENT IT IS, IF WE GET IN THE HABIT OF DOING IT, THAT COULD BECOME A PROBLEM IN THE FUTURE BECAUSE WE'RE ESSENTIALLY TAKING MONEY AWAY FROM A DEPARTMENT BECAUSE WE HAVE ONE IDEA AND INTENTION. >>COUN. LEWIS: COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I APPRECIATE THAT. DEFINITELY, NO, DOING THIS IS NOT GOING TO FORCE THE ADMINISTRATION TO DO ANYTHING ON THE PERSONNEL SIDE. I THINK THIS IS A DIRECT REFLECTION OF WHAT THE COMMUNITY IS ASKING FOR. I THINK, ALSO, APD HAS A SALARY SAVINGS. I ASKED BEFORE THE MEETING, IT'S $5.5 MILLION FROM FY24. IF THEY WANT TO KEEP SOMEONE, THEY CAN USE THE SALARY SAVINGS. THIS IS, FOR ME, SYMBOLIC GESTURE TO SAY BECAUSE WE CAN'T HOLD PERSONNEL ACCOUNTABLE FOR BEHAVIORS, THIS IS A CEREMONIAL WAY TO SAY STOP IT. >>COUN. LEWIS: THIS IS AMENDMENT NUMBER FIVE. ANY OTHER DISCUSSION? COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I GUESS ON THAT NOTE, IS THERE REALLY 5.2 MILLION DOLLARS OF SALARY SAVINGS? WHY ISN'T THAT BEING CLEANED UP? >> COUNCILOR BASSAN, APD DID NOT SAVE $5.2 MILLION IN THE BUDGET. >>COUN. ROGERS: MR. PRESIDENT. >>COUN. BASSAN: I JUST WANTED TO MAKE SURE AND CONFIRM WITH THE ADMIN JUST TO KNOW THAT. >>COUN. ROGERS: I'M HAPPY TO PRODUCE THE EMAIL I RECEIVED FROM BRIDGETTE LONG. THIS IS THE FISCAL APD MANAGER. DECEMBER 16, AT 2:50, SAYING THE SALARY SAVINGS IS $5.5 MILLION. >> COUNCIL PRESIDENT, COUNCILOR BASSAN, I'D LOVE TO HAVE THAT $5.5 MILLION TODAY SO WE CAN DO SOMETHING WITH IT. I DON'T KNOW WHAT QUESTION WAS REALLY ASKED OR WHAT SHE UNDERSTOOD THE QUESTION TO BE. THEY DON'T HAVE $5.5 MILLION IN EXCESS FUNDING. >>COUN. ROGERS: I'M HAPPY TO READ THE QUESTION. WHAT WAS THE TOTAL SALARY SAVINGS FOR APD IN FY24. SIMPLE QUESTION. AND THE RESPONSE WAS, SALARY SAVINGS WAS APPROXIMATELY $5.5 MILLION IN FY24. MR. PRESIDENT, WITH ALL DUE RESPECT, I'M NOT INTERESTED DEBATING THE FACT OF WHAT I HAVE IN BLACK AND WHITE FROM YOUR TEAM. >> IT'S WRONG. >> COUNCILOR ROGERS, I JUST WANTED TO EXPLAIN THE LOGIC OF THE SALARY SAVINGS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I'M NOT INTERESTED IN HEARING ANY EXPLANATION. >> FIRST IS VACANCY SAVINGS. $5.5 MILLION IS TAKEN OUT OF THE BUDGET. PERSONNEL BUDGET IS $100 THP. IF YOU TAKE 3% OUT OF THAT THEY IS WHAT WE COUNT AS SALARY. VACANCY SAVINGS, ON THE OTHER HAND IS IF YOU HAVE THE CAO, IT WASN'T FILLED AT SIX MONTHS. THAT COMES OUT TO $50,000, THAT'S CONSIDERED VACANCY. WE HAVE A DIFFERENCE OF LOGIC AND METHODOLOGY BUILT INTO THE BUDGET. THAT $5 MILLION IS ACTUALLY TAKEN OUT OF APD'S BUDGET. >>COUN. ROGERS: MR. PRESIDENT, MAYBE YOU SHOULD GIVE YOUR EDUCATION TO YOUR FISCAL MANAGER AT APD. NOT THIS COUNCIL. WE UNDERSTAND VERY CLEARLY HOW THIS WORKS. I ASKED A VERY SIMPLE QUESTION. PLEASE GO GIVE THAT EDUCATION TO YOUR FISCAL AGENT IN APD. >>COUN. LEWIS: ALL RIGHT. WE'RE GOING TO GET BACK ON THE AMENDMENT. AMENDMENT NUMBER FIVE. WE GOT ANOTHER DISCUSSION ON SHELL GAMES OF THE BUDGET BY THE ADMINISTRATION. WE CAN HAVE THAT DISCUSSION ON OTHER TOPICS AS WELL. AMENDMENT NUMBER FIVE IS MOVED AND SECONDED. COUNCILORS, ANY OTHER DISCUSSION ON THE AMENDMENT? MADAM CLERK. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: NO. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: NO. >> THAT PASSES ON A 7-2. >> MR. PRESIDENT. THERE IS ONE MORE AMENDMENT FROM COUNCILOR PEÑA. IT'S LISTED AS NUMBER FOUR. >>COUN. LEWIS: OKAY. COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. THE FINAL AMENDMENT IS FLOOR AMENDMENT NUMBER SIX. AND THIS AMENDMENT IS NECESSARY TO SATISFY THE TERMS -- THAT'S WRONG. >>COUN. LEWIS: THIS IS THE EXACT AMENDMENT THAT'S IN THE -- THAT WE HAVE IN FRONT OF US, CORRECT? WE NEED TO GET THAT ON THE SCREEN, COUNCILOR PEÑA. >>COUN. PEÑA: I'LL WAIT UNTIL THEY PUT IT ON THE SCREEN. THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: THERE YOU GO. >>COUN. PEÑA: THIS IS FLOOR AMENDMENT NUMBER SIX. I MOVE A DO PASS. SINGLE AUDIT REVIEW CORRECTION OF THE FY24ACFR AND ADJUSTING JOURNAL ENTRY WITH THE FUND TO REVERSE FY24 GRANT PAYROLL RECLASSIFICATION JOURNALS AND RULES FROM FY23 GRANT TO CLASS 24. THE ADJUSTING ALSO INCLUDES CORRECTING AN ENTRY AND TRANSFER ASSOCIATED WITH GRANT REVENUE TO FUND 110. FISCAL IMPACT IS NEUTRAL TO FUND 110 AS A COST. THE GRAND OPERATING FUND 265. THIS IS A PAYROLL ISSUE WITH THE CITY INTERNAL AUDITOR. THANK YOU. I MOVE IT. >>COUN. FIEBELKORN: SECOND. >>COUN. LEWIS: SECONDED BY COUNCILOR GROUT. ANY DISCUSSION ON THAT AMENDMENT? [ ROLL CALL ] -- >>COUN. ROGERS: $1.4 MILLION AND THIS SAYS 2.26, SO ARE WE ADDING THE DIFFERENCE BETWEEN THE TWO NUMBERS? >>COUN. LEWIS: QUESTION FOR OUR STAFF. >>COUN. LEWIS: WHOEVER CAN ANSWER IT. >>COUN. ROGERS: COUNCIL PRESIDENT, COUNCILOR ROGERS, WE'VE GOT LAWRENCE DAVIS TO CLARIFY THE TOTAL DOLLAR AMOUNT. >> THANK YOU, COUNCIL PRESIDENT. COUNCILOR ROGERS, IT'S IN ADDITION TO. >>COUN. LEWIS: IN ADDITION TO. >>COUN. ROGERS: WE'RE ADDING $2.2 MILLIAN DOLLARS TO THE NEIGHBORHOOD POLICING LINE. THE TOTAL WILL BE 2.2 PLUS 1.4? >> CORRECT. >>COUN. ROGERS: REMIND ME WHAT'S NEIGHBORHOOD POLICING? >> FROM A BUDGET -- I'M SORRY. COUNCIL PRESIDENT, COUNCILOR ROGERS, FROM A BUDGET PERSPECTIVE, IT'S A PROGRAM WITHIN THE POLICE DEPARTMENT. AND THERE'S ALSO REVENUE BEING TRANSFERRED FROM FUND 265. IT'S AN EFFECT OF NET ZERO. >>COUN. ROGERS: THIS IS IN REFERENCE TO WHAT COUNCILOR PEÑA STARTED WITH. THIS IS PAYROLL COST FOR APD NEIGHBORHOOD POLICING. SO, WE'RE ADDING MORE MONEY BUT WE'RE NOT CLEAR ON WHAT THE SALARY CHANGING IS? >> COUNCIL PRESIDENT, COUNCILOR ROGERS, WE'RE NOT ADDING ANY MONEY. THIS IS A YEAR-END EPT. WE'VE GOT REVENUE IN FUND 265. IF I WERE GOING TO EDUCATE EVERYONE IN THIS ROOM ABOUT ACCOUNTING PRINCIPLES WE TRY TO MATCH REVENUE WITH EXPENSE. REVENUE SHOULD MATCH EXPENSE. THEY SHOULD BE IN THE SAME FUND AND SAME YEAR, WE'RE TRYING TO RECONCILE THAT. IN ONE YEAR AUDITORS ALLOW US TO MOVE IT, BUT WE HAVE TO MOVE THE REVENUE. WE'RE NOT ADDING ANY MONEY. APD IS NOT GETTING ANY MORE MONEY FOR ANYTHING. ALL WE'RE DOING IS CORRECTING IT. >>COUN. ROGERS: THANK YOU FOR THAT STRAIGHTFORWARD EXPLANATION. >>COUN. LEWIS: AMENDMENT NUMBER SIX. WE'LL CLOSE THAT. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: BACK ON THE BILL AS AMENDED. ANY QUESTIONS ON 106? MOVED AND SECONDED. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILORS, TAKE A BREAK. WE'LL BE BACK IN 30 MINUTES. >>COUN. LEWIS: WELCOME BACK EVERYONE. WE'RE GOING TO PICK ON -- EC-247. THE MAYOR'S RECOMMENDATION FOR THE -- WE'LL GO TO OUR SPOKERS. BEFORE WE DO THAT, THE ADMINISTRATION, THIS IS AN EXECUTIVE COMMUNICATION FROM THE MAYOR'S OFFICE TO THE COUNCIL. IT'S A RECOMMENDATION FROM THE MAYOR'S OFFICE. IF YOU WOULD LIKE TO SPEAK ABOUT THEIR RECOMMENDATION. >> WE WOULD LIKE TO SAY THAT WE'VE GONE THROUGH THE PROCESS. IT WAS A GOOD PROCESS FOR THIS RECOMMENDATION. FOLLOWED ALL THE PROCEDURES OF PROCUREMENT. WE DID HAVE TWO GOOD PROPOSALS BUT ONCE YOU DO THE SCORING THE MRG RECOMMENDATION CAME OUT ON TOP. WE APPRECIATE IT. AND WE LOOK FORWARD TO GETTING APPROVAL FOR THIS TO THE COUNCIL MEMBERS. OPEN TO ANY QUESTIONS. >>COUN. LEWIS: COUNCILORS, WE'LL GO TO PUBLIC COMMENT IN A MOMENT. THANK YOU FOR BEING AVAILABLE. WE'LL GO TO PUBLIC COMMENT. >> OUR FIRST SPEAKER IS ELIA FOLLOWED BY DENISE FOLLOWED BY JOYA. >> GOOD EVENING. PRESIDENT LEWIS, MEMBERS OF THE COUNCIL I'M WITH THE MARSHAL RETAIL GROUP. TODAY THERE ARE THREE AREAS I WANT TO TALK ABOUT TO HIGHLIGHT WHAT MAKES THE IDEAL CANDIDATE FOR THE SUN PORT. WE'RE THE LEADING NORTH AMERICAN OPERATOR OF LOCALLY FOCUSED RETAIL WITH 250 STORES IN 48 AIRPORTS. RATHER THAN OFFERING A COOKIE CUTTER BRANDED APPROACH, WE GO DEEP IN ALBUQUERQUE TO CREATE UNIQUE THINGS AT THE SUN PORT. THIRD, DIVERSITY AND EQUITY AT THE AIRPORT. WE HAVE 30 OR 40% MINORITY AND WE ALSO HAVE DISADVANTAGED BUSINESS ENTERPRISES. OUR PROGRAM WILL GENERATE $4.7 MILLION IN ANNUAL SALES FROM LOCAL BUSINESSES. GROWING EVERY YEAR OVER-TERM, WE ASK FOR YOUR SUPPORT FOR RECOMMENDATION OF OUR AWARD. THANK YOU. >> DENISE FOLLOWED BY JOY. JOY FOLLOWED BY ZIA FOLLOWED BYTRESIA. >> MATT FOLLOWED BY RODRIC. RODRIC FOLLOWED BY JAMIE. JAMIE FOLLOWED BY DINA. DINA FOLLOWED BY KELLY. >> HELLO PRESIDENT, COUNCILORS. I'M CHIEF OF STAFF FOR DION'S PIZZA. WHILE WE RECEIVED MANY ACCOLADES IN OUR 46 YEARS OF BUSINESS IN NEW MEXICO, WE'RE MOST PROUD OF BEING RECOGNIZED AS THE MOST ADMIRED COMPANY IN THE NEW MEXICO PRIVATE 100 LIST AND THE JACK AND DAWN AWARD FOR BEST PRACTICES. IF WE'RE COLLECTED FOR THIS BID WE'LL PROVIDE GRAB AND GO OPTIONS INCLUDING PRE-MADE SALLEDS, SAND WHICHES, COOKIES AND LEMON AIDS. THEY WILL BE MADE IN ALBUQUERQUE. WE'LL PROVIDE OUR WORLD-FAMOUS RANCH DRESSING IN POUCHES SO FANS CAN SHARE OUR DRESSING ACROSS THE U.S. THIS PRODUCT IS EXTREMELY POPULAR. LAST YEAR WE SOLD 4.2 MILLION CUPS OF RANCH. PRODUCING THIS AT OUR COMMISSARY WILL GROW OUR TEAM AT THAT FACILITY WHICH WAS RECOGNIZED AT THE 505 AWARDS. I RESPECTFULLY ASK FOR YOUR VOTE. THANK YOU. >> KELLY FOLLOWED BY BLAKE. >> MR. PRESIDENT, COUNCIL MEMBERS, IT'S A PLEASURE TO SPEAK WITH YOU. I'M THE CEO AND FOUNDER OF VERDE JUICE, WE'RE A COLD PRESS JUICE COMPANY LOCATED IN ALBUQUERQUE. HOME-GROWN NEAR BALLOON FIESTA PARK. WE'RE MOST KNOWN FOR PRODUCTS SOLD IN PLACES LIKE WHOLE FOLDS AND NATIONAL GROCERS. WE DO A LOT OF FOOD SERVICE. SO WE'RE THE MARGARITA MIX, LIME JUICE IN YOURLEMON AID, THAT'S US. I STARTED MY COMPANY IN 2014 WITH HIGH-QUALITY NUTRITION. I DON'T KNOW WHEN YOU EAT WHEN YOU'RE IN THE AIRPORT, BUT THERE'S NOT A GREAT OF NUTRITION OPTIONS IN AIRPORTS. IN FACT, THE PHYSICIANS COMMITTEE FOR RESPONSIBLE MEDICINE RELEASED A NEW SURVEY THIS WEEK THAT SHOWED 53% OF AMERICANS HAD DIFFICULTY FINDING HEALTHY FOODS WHEN THEY'RE TRAVELING IN AIRPORTS. HIGH FREQUENCY TRAVELLERS ARE LOOKING FOR OPPORTUNITIES TO GRAB A SNACK OR A MEAL AT AN AIRPORT 71% OF THE TIME. IS THAT MY MINUTE? THANK YOU. I'M IN SUPPORT OF THE MARSHAL GROUP PLAN. I HOPE YOU WILL AS WELL. THANK YOU. >> FOLLOWED BY RICADO. FOLLOWED BY JENICA. RICARDO FOLLOWED BY JENICA FOLLOWED BY SAMANTHA. SAMAMTRHA FOLLOWED BY KIM. >> I WASN'T FOLLOWING WHO WAS COMING UP OR NOT. I'M COUNSEL FOR THE MARSHAL RETAIL GROUP. I'M EXCITED WHAT I SAW IN THEIR PROPOSAL. I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. I URGE YOUR SUPPORT OF THIS ITEM. I WILL MENTION THAT SEVERAL REPRESENTATIVES OF MY CLIENTS ARE RUSHING BACK. YOU MAY HAVE CALLED THEIR NAME. GO THROUGH THE LIST ONE MORE TIME. I APPRECIATE IT. THANK YOU. >> SAMANTHA FOLLOWED BY KIM. FOLLOWED BY MICHAEL. >>COUN. LEWIS: WHY DON'T WE GO BACK THROUGH THAT LIST AGAIN. I SEE FOLKS THAT SHOWED UP. WE'LL START AT THE TOP OF THE LIST. >> BELLA FOLLOWED BY GAD. >> GOOD EVENING PRESIDENT, COUNCIL, I'M A 10% ACBGE PARTNER WITH THE MARSHAL RETAIL GROUP. I COME TODAY TO TELL YOU ABOUT THE EXCITING PARTNERSHIP DEMOGRAPHICS WE HAVE IN THIS BID. WE HAVE FIVE PARTNERS INCLUDING MARSHAL, WHEN YOU REMOVE MARSHAL THE MAKE UP OF THE FOUR PARTNERS INCLUDE THREE WOMEN-OWNED BUSINESSES, TWO PEOPLE OF COLOR, THREE ACDBE WHICH IS FAA CERTIFICATION. YOU HAVE FOUR RETAILERS, FOUR AIRPORT CONCESSION EXPERTS. SO, THIS REALLY BRINGS A LOT OF STRENGTH AND OPPORTUNITY TO NOT ONLY PARTNER BUT ALSO TO THE LOCAL BUSINESSES THAT ARE IMICTED -- IMPACTED BY THE STREET LEVEL AND NATIONAL LEVEL. I THANK YOU FOR YOUR CONSIDERATION OF THIS AGENDA ITEM. I ENCOURAGE YOUR SUPPORT. THANK YOU. >> RYIAD FOLLOWED BY THERESA FOLLOWED BY MATT. >> MR. PRESIDENT, COUNCILORS, THANK YOU FOR ALLOWING US TO SPEAK TODAY. AS PREVIOUSLY HIGHLIGHTED BY MY COLLEAGUE, WE'RE EXTREMELY PROUD OF THE PROPOSAL WE BROUGHT FOR YOUR CONSIDERATION TODAY. STARTING WITH THE RESEARCH IN THE CITY'S COMMUNITY DATING TO PRE-COVID 2019. AS YOU MIGHT HAVE SEEN IN OUR EXECUTIVE SUMMARY OUTLINES THE HIGHLIGHTS OF OUR RESPONSE, IN ADDITION TO THE MULTITUDE OF LOCAL BRAND MAKERS AND VENDORS WE'VE INCLUDED IN OUR RESPONSE, WE HAVE TEN LOCAL LETTERS OF SUPPORT URGING THE COUNCIL TO APPROVE THE RECOMMENDATION OF AWARDS FROM SOME OF THE MOST ESTEEMED AND WELL-RESPECTED ORGANIZATIONS WITHIN THE ALBUQUERQUE AND WIDER NEW MEXICO COMMUNITY INCLUDING THE FOLLOWING. MEOW WOLF, NEW MEXICO UNITED, LOS POBLANOS, VERDE FOODS, MUSEUM OF NEW MEXICO FOUNDATION, NEW MEXICO DEPARTMENT OF CULTURAL AFFAIRS, UNIVERSITY OF NEW MEXICO PREP, AND LAST BUT NOT LEAST DIONS. WE URGE YOU TO APPROVE THE RECOMMENDATION OF AWARD. THANK YOU. HAVE A GOOD EVENING. >> THERESA FOLLOWED BY MATT. >> GOOD EVENING. PRESIDENT LEWIS, COUNCILOR ROGERS COUNCILORS. I'M THERESA. I'M A LIFE-LONG RESIDENT OF ALBUQUERQUE AND PARTNER WITH MRG GROUP. I'M ASKING YOU TO APPROVE THIS AWARD. I HAVE OVER 30 YEARS OF RETAIL EXPERIENCE, SPECIFICALLY IN AIRPORTS. AND I'M PROUD TO HAVE WORD WITH JOHN AND KATHLEEN FOR OVER 30 YEARS RUNNING ALBUQUERQUE AIRPORT STORES AND STORES IN FOUR OTHER AIRPORTS. I'M THE HEAD OF RETAIL FOR THE MUSEUM OF NEW MEXICO FOUNDATION. I WAS ABLE TO BRING THE ICONIC DESTINATION INTO THE SUN PORT. MY CAREER TRADITIONAL AND CONTEMPORARY HISPANIC CRAFTS FROM OTHER MAKERS. MY ROLE WILL BE TO MANAGE SOURCING OF THE GOODS AND WE PROJECT $4.7 MILLION IN ANNUAL SALES AND GROWING FROM THERE ON. THE SUN PORT IS THE BEST SMALL AIRPORT IN THE COUNTRY AND NEW MEXICO HAS THE BEST CULTURE, SO PLEASE PICK US. THANKS. >> MATT FOLLOWED BY DENISE FOLLOWED BY RODRIC. >> GOOD EVENING, MR. PRESIDENT, COUNCILORS. I AM THE OWNER OF -- A 100% WOMAN-OWNED ACDBE. I'M HERE ON BEHALF OF NUMEROUS SMALL BUSINESSES IN BRINGING OUR RETAIL CONCEPT TO THE ALBUQUERQUE INTERNATIONAL SUNPORT. AS A SMALL BUSINESS, PUTTING TOGETHER FOR AN RFP OF THIS MAG NEW TUD IS A MONUMENTAL TASK. I INVESTED MONTHS OF HARD WORK AND RESEARCH AND SIGNIFICANT FINANCIAL RESOURCES WHICH LED IN FINAL SCORING OF 192 POINTS. I'M A 10% JOINT VENTURE PARTNER FOR THE MARSHAL RETAIL GROUP AND LOCALLY INSPIRED PROPOSAL. AS A STAND ALONE STORE I WOULD NEVER CONSIDER GOING AFTER AN AIRPORT STORE DUE TO THE TECHNICAL COMPLEXITIES, OPERATIONAL CHALLENGES, AND SIGNIFICANT FINANCIAL RISK TO A SMALL BUSINESS LIKE MINE. MY PARTNERSHIP WITH MRG MEANS I HAVE THE TRAINING SUPPORT AND SAFETY NET I NEED TO PROCEED. IF THE CITY WENT BACK TO RFP I WOULD HAVE TO SERIOUSLY CONSIDER WHETHER I HAVE FINANCIAL RESOURCES TO VISIT AND RISK GOING AT IT ALONE. I ASK YOU TO VOTE IN FAVOR OF APPROVING THIS RFP. THANK YOU. >> BRODERICK FOLLOWED BY JAMIE FOLLOWED BY BLAKE. >> THANK YOU COUNCILOR LEWIS, COUNCIL MEMBERS. AS CHIEF DEVELOPMENT OFFICER FOR THE MARSHAL RETAIL GROUP, I'M HERE TO THANK YOU FOR YOUR CONSIDERATION AND SUPPORT REGARDING THE RECOMMENDATION OF AWARD FOR THE RETAIL CONCESSIONS PROGRAM BY ALBUQUERQUE INTERNATIONAL SUN PORT. IF YOU KNOW ONE AIRPORT YOU KNOW ONE AIRPORT. OUR GOAL IS TO CREATE A TRULY UNIQUE RETAIL EXPERIENCE FOR PASSENGERS. YOU HAD THE TEAM MEMBERS WHO HAVE BEEN WORKING ON THIS SINCE 2019. MORE IMPORTANTLY YOU'VE ALSO HEARD FROM A LOCAL MINORITY JOINT VENTURE BUSINESS PARTNER WHO ALSO INVESTED SIGNIFICANT TIME AND EFFORT TO HAVE THE OPPORTUNITY AND ABILITY TO SHOWCASE A REAL SENSE OF PLACE AT THE SUN PORT. OUR COLLECTIVE COMMITMENT IS TO INVEST $6.5 MILLION IN INFRASTRUCTURE DEVELOPMENT, OVER $1.23 MILLION MORE THAN OUR COMPETITOR. AND ALL OF THE ABOVE IS TO DEMONSTRATE WE HAVE THE ABILITY, CAPABILITY, AND COMMITMENT TO DEVELOP, DESIGN, CONSTRUCT, AND OPERATE A FIRST CLASS AWARD WINNING RETAIL PROGRAM TO ALBUQUERQUE INTERNATIONAL SUNPORT. >> JAMIE FOLLOWED BY BLAKE FOLLOWED BY RRBG ? >> I'M PRESIDENT OF THE MUSEUM OF NEW MEXICO FOUNDATION. IT IS NOT WELL-KNOWN THAT NEW MEXICO HAS THE LARGEST STATE MUSEUM SYSTEM IN THE COUNTRY. WE ARE OFTEN REFERRED TO AS THE SMITHSONIAN OF THE SOUTHWEST. OUR FOUNDATION OPERATES FIVE MUSEUM SHOPS PLUS AN ONLINE STORE. WE FEATURE THE WORK OF OVER 200 NEW MEXICO ARTISTS, JEWELLERS, AND MAKERS. 120 ARE NATIVE. WE SELL ITEMS FROM 18 DIFFERENT PUEBLOS IN NEW MEXICO AND THE NAVAJO NATION. THE MUSEUMS WE SUPPORT INCLUDE THE NEW MEXICO MUSEUM OF ART, NEW MEXICO HISTORY MUSEUM, MUSEUM OF INDIAN ARTS AND CULTURE AND INTERNATIONAL FOLK ART. THESE ARE THE TRUE ESSENCE OF NEW MEXICO'S ART, CULTURE, AND HISTORY. OUR MUSEUM SHOP REFLECTS THE RIFRP AND DIVERSE CULTURES OF THE STATE. WE'RE PROUD TO BE ONE OF THE EXCLUSIVE LOCAL PARTNERS WITH THE MARSHAL RETAIL GROUP AND ARE EXCITED TO SHOW THIS OPPORTUNITY AND HERITAGE AT THE ALBUQUERQUE SUNPORT. IN FACT, THE SUNPORT WILL BE ONE OF THE FEW AIRPORTS IN NEW MEXICO THAT HAS A MUSEUM SHOP. WHAT A UNIQUE EXPERIENCE THIS WILL BRING TO TRAVELLERS TO AND FROM ALBUQUERQUE. THANK YOU. >> BLAKE FOLLOWED BY RICADO FOLLOWED BY TIM. RICARDO FOLLOWED BY TIM FOLLOWED BY MICHAEL. TIM FOLLOWED BY MICHAEL FOLLOWED BY MARK ON ZOOM. >> THANK YOU. I'M KIM, I FEEL LIKE I'M HAVING A BIT OF A DAVID AND GOLIATH MOMENT. I'M CAME AS THE SOLE REPRESENTATIVE FOR OVER 200 BUSINESSES IN THE HUDSON PROPOSAL. I'M ASKING FOR DO NOT PASS. A VOTE FOR THIS IS A VOTE FOR LESS BUSINESS REPRESENTATION FOR SIGNIFICANTLY LESS LOCAL DVE OWNERSHIP AND SIGNIFICANTLY LESS REVENUE TO THE CITY. OUR GROUP HAS OVER 200 LOCAL COMPANIES, APPROXIMATELY 100% MINORITY-OWNED COMPANIES. WE HAVE BRANDS, ICONIC BRANDS, LIKE MEOW WAFFLE AND PARTNERSHIPS LIKE WEST, SOUTHWEST CREATIONS, NEW MEXICO COMMUNITY CAPITAL AND PARTNERSHIP WITH THE INDIAN CULTUREAL CENTER. I DID NOT BRING A WHOLE ENTOURAGE, BUT PLEASE VOTE NO. THANK YOU VERY MUCH. >> MR. PRESIDENT, IF I MAY? FOR THOSE OF YOU SPEAKING ON ZOOM, PLEASE DO NOT UNMUTE OR TURN ON YOUR CAMERA. >> MR. PRESIDENT, I'M PRESENTING THE HUDSON ABQ RETAIL GROUP. THIS EXECUTIVE COMMUNICATION AS A RESULT OF FLAWED AND POTENTIALLY UNLAWFUL PRACTICE. THE ORIGINAL CONTRACT WAS AWARDED TO MARSH GROUP. THE PROCRURMENT FOUND THE AWARD WAS NOT IN THE BEST INTEREST IN THE CITY OF ALBUQUERQUE. THEY CANCELED THE CONTRACT. THEY REISSUED THE RFP. HUDSON GROUP AND MS. RAEL BEGAN WORKING ON A RESPONSE FOR THE RFP AND THE PROCUREMENT PROCESS REVERSED COURSE A SECOND TIME AND CANCELED THE NEW RFP AND REINSTATED THE ORIGINAL BID. THIS TYPE OF PROCESS IS UNKNOWN IN THE PROCUREMENT WORLD AND SUBJECT TO REVIEW. WE CURRENTLY HAVE AN APPEAL PENDING AT THE DISTRICT COURT. WE URGE YOU TO REJECT THIS BACK AND FORTH PROCESS. IT'S UNFAIR AND NOT IN THE BEST INTEREST OF THE CITY OF ALBUQUERQUE. THANK YOU. >> MARK FOLLOWED BY -- >> I FORGOT ONE POINT. A VOTE FOR THIS IS ALSO APPROVING PACKAGE LIQUOR AT OUR AIRPORTS. AS A CITIZEN, I DON'T FEEL LIKE THAT'S WHAT I WANT AT OUR AIRPORT. I'M CLEAR WITH THE COUNCIL. >> MARK FOLLOWED BY AMY. >> GOOD EVENING, COUNCIL MEMBERS. I'M CEO OF DIONS. WE'VE SERVED ALBUQUERQUE SINCE 1978. WE HAVE DEEP ROOTS IN THIS COMMUNITY. PEOPLE ARE SURPRISED SEE DIDN'T BID ON THIS. WE DON'T WANT OTHER PEOPLE MAKING OUR FOOD OR REPRESENTING OUR BRAND. HOWEVER, WITH THE RETAIL GRAB AND GO THAT MARSHAL PUT TOGETHER WE HAVE A GREAT LOCAL BRAND. WE HAVE PEOPLE THAT CAN EXPERIENCE THE HIGHLIGHTS OF ALBUQUERQUE'S BEST. IT'S THE PARTNERSHIP WITH MARSHAL THAT ALLOWS US TO CONTRIBUTE TO THIS WORLD-CLASS AIRPORT WHILE STAYING FOCUSED ON WHAT WE DO BEST AT DIONS, SERVING SALLED, FOOD, AND DRESSING. I ENCOURAGE YOU TO MOVE FORWARD WITH THE MARSHAL PLAN. >> AMY FOLLOWED BY LAURA. >> COUNCILORS, THANK YOU FOR LETTING ME SHARE WITH YOU THIS EVENING. I'VE BEEN A PART OF THE LOS POBLANO TEAM FOR 15 YEARS. INCLUDING LIAISON WITH THE AIRPORT RETAIL IMPORTANTS, LOCAL AND INTERNATIONAL SINCE 2011. I SEE FAMILIAR FACES IN THE ROOM. WE STARTED WITH JUST A FEW OF US FOLLOWING RECIPES IN THE KITCHEN. NOW WE HAVE A FULL PRODUCTION STAFF, BUILDING IN DOWNTOWN ALBUQUERQUE WRFRP THE POWER OF LOCAL PRODUCTS IS THEY CARRY THE STORY OF THE SPECIAL PLACE. FOLKS FLY THROUGH THE SUNPORT, DINE AND SHOP SKWIM -- AND IMPACT THE LOCAL ECONOMY. SUPPORTING LOCAL FARMERS, MAKERS AND BUSINESSES. THAT WILL CONTINUE IN THE SUNPORT. OUR PROPOSAL WITH MARSHAL RETAIL GROUP WAS CRAFTED WITH THE SAME CARE AS OUR PRODUCTS. WITH THE APPROVAL OF THEROOMATION WE'RE READY TO ROLL UP OUR SLEEVES AND WORK WITH OUR PARTNERS TO BUILD SOMETHING BEAUTIFUL AND MAKE ALBUQUERQUE PROUD. THANK YOU. >> LAURA FOLLOWED BY PAMELA FOLLOWED BY SAMANTHA FOLLOWED BY MATT. >> COUNCIL MEMBERS, HELLO. I AM A WOMAN-OWNED BUSINESS. I HAVE AN AUTHENTIC NAVAJO JEWELRY BUSINESS. I WORKED WITH MOUNTAIN STANDARD TIME FOR THE PAST TWO YEARS. THEY HAVE PROVIDED AN OUTLET FOR MY JEWELRY TO BE ABLE TO SELL AUTHENTIC NATIVE AMERICAN JEWELRY TO PEOPLE FROM ALL OVER THE WORLD. AND AM URGING YOU TO APPROVE THE RECOMMENDATION OF AWARD FOR THE AIRPORT. FOR ME, IT WOULD PROVIDE GREAT EXPOSURE FOR MY JEWELRY BUSINESS AND CONTRIBUTE TO THE SUNPORT AIRPORT SO WE CAN SHARE OUR RICH CULTURE HERE IN NEW MEXICO. >> LAURA FOLLOWED BY PAMELA. >> GOOD EVENING. I AM THE OWNER OF A SMALL INDEPENDENT MINORITY-OWNED BUSINESS. I AM AN ARTISAN WHO CREATES TRADITIONAL NEW MEXICO TIN ARTWORK. I HAVE BEEN SELLING AT THE ALBUQUERQUE AIRPORT FOR APPROXIMATELY 15 YEARS. THE BOTTOM LINE IS THAT YOU REALLY WANT TO CHOOSE AN ENTITY WHICH CAN PROVIDE THE MOST REVENUE FOR THE GREAT CITY OF ALBUQUERQUE. I TRULY BELIEVE THE MARSHAL GROUP IS THE BEST CHOICE FOR THAT. THE GROUP WILL WORK AND PARTNER WITH SMALLER ENTREPRENEURS. THEY'RE AWARE AND KNOWLEDGEABLE OF WHAT IS LOCAL, UNIQUE PRODUCT AND WHAT VISITORS TO THE AIRPORT WOULD LIKE TO SEE AND PURCHASE. THE MONEY PAID TO LOCAL VENDORS WILL BE RECIRCULATED WITHIN THE ALBUQUERQUE COMMUNITY AND THAT IS A WIN FOR EVERYONE. JUST LIKE THE ARCHITECTTURE AT THE AIRPORT IS SO UNIQUE, I BELIEVE THAT THE MARSHAL GROUP WILL SEEK OUT EXCEPTIONAL AND DIFFERENT NEW MEXICAN PRODUCTS WHICH WILL SET US ASIDE FROM ANY OTHER AIRPORT IN THE UNITED STATES. FINALLY, THE MARSHAL GROUP REALLY, REALLY CARES ABOUT THEIR VENDORS AND THAT IS THE DIFFERENCE THAT THEY WILL MAKE. THANK YOU FOR YOUR SUPPORT OF THEM. >> PAMELA FOLLOWED BY MATT. >> GOOD EVENING, COUNCILORS. I'M A FOURTH-GENERATION NEW MEXICAN IN SANTA FE. FOR THE PAST 25 YEARS I'VE MANAGED THE LICENSING PROGRAM FOR THE MUSEUM IN NEW MEXICO FOUNDATION, AN ORGANIZATION DEDICATED TO CELEBRATING AND PRESERVING OUR STATE'S RICH CULTURAL HERITAGE. I'M HERE TONIGHT, ALONG WITH EVERYBODY ELSE, TO RESPECTFULLY ASK FOR YOUR APPROVAL OF THE MARSHAL GROUP'S PROPOSAL. THE ALBUQUERQUE INTERNATIONAL SUNPORT IS THE GATEWAY TO NEW MEXICO. THE FIRST AND LAST IMPRESSION FOR COUNSELLESS VISITORS. ITS RETAIL OFFERINGS SHOULD REFLECT OUR UNIQUE CULTURAL IDENTITY ONE SHAPED BY NATIVE AMERICAN, HISPANIC, AND ANGLO ARTISAN. AND HIGHLIGHT THE STORY THAT MAKES OUR STATE EXCEPTIONAL. BY PARTNERING WITH THIS DIVERSE GROUP OF BUSINESSES AND THE NEW MEXICO MUSEUMS, INSTITUTIONS TRUSTED FOR THEIR AUTHENTICITY, THE SUNPORT CAN DIRECTLY SUPPORT LOCAL HISPANIC AND NATIVE TRAVELLERS. THANK YOU. >> LAST BUT NOT LEAST, MATT. THANK YOU. >> GOOD EVENING, COUNCIL MEMBERS. I AM THE EXECUTIVE DIRECTOR OF LOS POBLANOS. AND A NATIVE NEW MEXICAN. I'VE HAD THE PRIVILEGE OVERSEEING MY FAMILY'S BUSINESS FOR THE LAST 20 YEARS. TOGETHER WITH MY SIBLINGS WE'VE BECAME STEWARDS OF A PLACE NEW MEXICO CAN TAKE PRIDE IN. WE CELEBRATE EVERYTHING LOCAL. THE STORIES, THE PEOPLE, THE CULTURE THAT MAKE OUR STATE SO UNIQUE. THE IDEA THAT WE'RE LESS LOCAL THAN THE COMPETITOR IS JUST NAUGHT FAIR, NOR IS IT ACCURATE. WE HAVE OVER 200 VENDORS. ONE OF THE WAYS WE ARE ABLE TO CELEBRATE LOCAL IS MAKING AND FEATURING LOCAL PRODUCTS, COLLABORATING WITH OVER 100 FARMERS, RANCHERS, ARTISANS FROM ACROSS NEW MEXICO. PARTNERS LIKE SOUTHWEST CREATIONS, DIONS WHERE IS AND THEY CREATE INCREDIBLE JOBS IN NEW MEXICO. WHEN MARSHAL INVITED US TO SHAPE THE VISION FOR ALBUQUERQUE AIRPORT WE SAW IT WAS A COOL WAY. WE'VE HAD THE OPPORTUNITY TO WORK WITH BOTH COMPANIES. WE WORK WITH HUDSON RIGHT NOW. AND THE BOTTOM LINE WAS WE WANTED TO DO WITH WHAT WE FELT HAD THE STRONGEST VISION FOR NEW MEXICO AND ALBUQUERQUE. HUDSON AND MARSHAL GROUP REALLY WAS MORE OF A LOCAL PARTNER. THEY INCLUDED US IN BRINGING. >> THANK YOU, MATT, YOUR TIME IS UP. THANK YOU, SIR, YOUR TIME IS UP. >> I FEEL LIKE ALBUQUERQUE DESERVES SOMETHING SPECIAL AND SOMETHING WE CAN BE PROUD OF. THE MARSHAL GROUP ALLOWED THAT TO HAPPEN. PLEASE VOTE IN FAVOR OF MARSHAL. >> THANK YOU, MR. PRESIDENT, THAT CONCLUDES COMMENT. THANK YOU. >>COUN. LEWIS: WE'RE BACK ON THE BILL. EC-247. >>COUN. PEÑA: I WANT TO CONGRATULATE THE APPLICANTS. AND WHOEVER IS AWARDED, VERY EXCITED OF EVERYTHING HAPPENING AT THE AIRPORT AND THE POTENTIAL TO HAVE THESE GROUPS, LOCAL PARTNERS, BUT MY QUESTION IS MORE TOWARD -- I THINK I WOULD LIKE TO ASK OUR CITY ATTORNEY. I THINK THEY'RE THE BEST THERE. I'M VERY CONFUSED. THERE WAS A PROCESS AND THE PROCESS, AS SOMEBODY STATED, SEEMS TO BE FLAWED. I DON'T KNOW IF YOU CAN TALK ABOUT THE PROCESS. IT'S JUST SO STRANGE TO ME THAT AN RFP IS ISSUED AND AWARDED, THEN THERE'S A LETTER THAT GOES OUT THAT SAYS THAT THERE WAS SOME KIND OF ERROR OR FLAW IN THAT PROCESS. SO, IT WEPT -- WENT BACK TO RECONSIDERATION. AND IT'S WITHDRAWN AND IT'S GETTING AWARDED. HELP WALK ME THROUGH THAT PROCESS. DOES THIS HAPPEN OFTEN? FIRST OF ALL. AND WALK ME THROUGH THE PROCESS. >> COUNCILOR PEÑA, I WOULD SAY NO IT DOESN'T HAPPEN OFTEN. IN THE THREE YEARS I'VE BEEN HERE THERE'S BEEN ONE OTHER CANCELLATION. CANCELLATION AREN'T ALL THAT FREQUENT. THE NORMAL PROCESS WAS FOLLOWED UP TO THE INITIAL AWARD. IT WENT THROUGH THE STANDARD PROCESS OF RECEIVING RFP RESPONSES. WE HAD A COMMITTEE AND THEY MADE RECOMMENDATION BASED ON SCORES. WHAT HAPPENED OFWARDS IS I REALLY THINK AVIATION CAN SPEAK TO THIS, BUT THEY HAD SOME CONCERNS ABOUT THE DISTRIBUTION. ABOUT HOW -- ABOUT THE DISTRIBUTION OF CONTRACTS AND THE COMBINATION OF CONTRACTS. SO, BASED ON THAT, THEY MADE THE DECISION INITIALLY TO CANCEL THE FIRST RFP AND ISSUE A SECOND RFP. BASED ON ADDITIONAL FEEDBACK AND LEGAL CONCERNS ABOUT THAT PROCESS, RECOGNIZED -- THEY MADE THE INITIAL STATEMENT AS PEOPLE HAVE SAID THAT WILL BE THE BEST INTEREST OF THE CITY TO CANCEL THE RFP. ON FURTHER REFLECTION, BASED ON FEEDBACK, BASED ON LEGAL CONCERNS, THEY RECOGNIZED IT WOULD BE THE BEST INTEREST OF THE CITY TO PROCEED WITH THE AWARD AS DETERMINED IN JUNE AND MADE THAT RECOMMENDATION TO THIS BODY, TO THE COUNCIL. >>COUN. PEÑA: MR. PRESIDENT, HOW OFTEN DOES THAT HAPPEN? WE HAVE CANCELLATION OF RFP, BUT HOW OFTEN DOES IT GET REAWARDED? HAS THAT EVER OCCURRED BEFORE? >> COUNCIL PRESIDENT, COUNCILOR PEÑA, I'VE NEVER HEARD OF IT EITHER. IT'S IN THE PURVIEW OF THE CITY TO RECONSIDER AND GO AHEAD WITH THE AWARD BASED ON THE SCORE THAT WAS DONE. >>COUN. PEÑA: MR. PRESIDENT, MS. KEEFE, DO YOU THINK THERE IS LIABILITY ON THE PART OF THE CITY FOR THIS TYPE OF OCCURRENCE? >> MR. PRESIDENT, COUNCILOR PEÑA, I THINK THERE ARE LEGAL CONCERNS EITHER WAY, TO BE FRANK. I THINK THAT WHATEVER THE CITY DOES MIGHT GET CHALLENGED. I BELIEVE WE HAVE A STRONG BASIS TO SAY THAT MRG WAS THE SUCCESSFUL BIDDER IN THE FIRST RFP AND THE CITY HAS A RIGHT TO PURSUE THAT RFP. >>COUN. PEÑA: MR. PRESIDENT, MS. KEEFE, YOU KNOW, AS COUNCILORS, WE'RE HERE TO ENSURE THAT WE DO WHAT'S IN THE BEST INTEREST OF THE CITY. AND FOR ME, THIS IS A LITTLE ALARMING AS TO OCCURRED FOR BOTH ORGANIZATIONS. FOR MARSHAL TO HAVE THE RUG PULLED OUT FROM UNDER THEM AND ALSO FOR HUDSON TO GO BACK AND GET READY TO REPREPARE TO SUBMIT THEIR APPLICATION AND GET THE RUG PULLED OUT FROM UNDER THEM. THE MERITS OF WHO HAS MORE LOCAL OR WHO DOESN'T HAVE MORE LOCAL OR WHATEVER THE CASE MAY BE, THAT'S IN THE RFP. MY CONCERN IS WHETHER WE SHOULD CONSIDER AS A BODY TO GO BACK TO RFP AND START FROM SQUARE ONE. I KNOW THERE WAS A QUESTION OR CONCERN ABOUT WHAT ENTITY DOING AN IPRA AND KNOWING THE INFORMATION OF THE OTHER. IS THAT ACTUALLY A LEGITIMATE CONCERN? OR DOES THAT FALL INTO PURVIEW OF DISCRETION? >> COUNCILOR PEÑA, COUNCILOR LEWIS, I BELIEVE IT IS A LEGITIMATE CONCERN. IT WAS ONE OF THE DRIVING CONCERNS IN MAKING THE DECISION TO MAKE THE RECOMMENDATION OF MRG AT THIS POINT. THERE'S A CLEAR ORDINANCE THAT PROHIBITS A SECOND RFP AFTER THE RESPONSES TO THE FIRST HAVE BEEN RELEASED BECAUSE OF THE ISSUES SURROUNDING FAIRNESS. >>COUN. PEÑA: IF WE HAD OTHER RFPs CANCEL, ARE YOU SAYING WE'VE NEVER HAD ONE CANCELED AND RE-ISSUED? >> COUNCILOR PEÑA, THE ONE I'M SPEAKING OF THAT WAS REISSUED, WAS REISSUED AFTER SIX MONTHS BECAUSE THERE WAS A LENGTHY NEGOTIATION PROCESS. >>COUN. PEÑA: I APPRECIATE THAT. FROM THE PERSPECTIVE OF AVIATION, I WOULD LIKE TO HEAR SOME OF THE THOUGHTS ON THE QUESTIONS I JUST ASKED. >> COUNCILOR LEWIS, COUNCILOR PEÑA, GOING BACK, WHEN WE LOOKED AT IT, THIS WAS A RECOMMENDATION OF AWARD. WHEN WE LOOKED AT RECOMMENDATION OF AWARD WE SAW WHAT WE BELIEVED TO BE AN OPPORTUNITY TO PUT IT BACK OUT AND TRY TO GET A LARGER LOCAL VENDOR GROUP. WE SAW THAT WE HAD 80%, CLOSE TO 90% GOING TO ONE MAJOR PRIME. WE'RE LOOKING AT THE OPPORTUNITY BECAUSE WE HAD HEARD THERE'S VENDORS OUT THERE THAT MAY BE INTERESTED. FOLLOW THROUGH ON THAT, WE STARTED TO GET FEEDBACK THAT DUE TO THE CAPITAL COSTS THAT THE VENDORS WERE REALLY LOOKING TO GO WITH A PRIME. THEY COULDN'T AFFORD IT ON THEIR OWN BECAUSE WHEN YOU LOOK AT $600,000 A SQUARE FOOT THEY DIDN'T HAVE THE CAPACITY WHEN YOU'RE LOOKING AT THE VENDOR TRYING TO GET IN THE MARKET. WE HEARD A LOT OF THAT. THEY WANTED TO GO WITH THE PRIME. WE REASSESSED THE SITUATION AND SAID THAT WITH THE IPRA ISSUE AND THIS WE THOUGHT IT WAS IN THE BEST INTEREST OF THE CITY AND PUBLIC WE GO WITH THE FIRST VENDOR. THEY BOTH HAD GREAT PRODUCTS. WE WERE LOOKING FOR AN ADDITIONAL OPPORTUNITY. WE FELT IT IN THE BEST INTEREST TO GO WITH THE FIRST RECOMMENDATION OF AWARD. >>COUN. PEÑA: MR. PRESIDENT, THANK YOU. THANK YOU FOR ANSWERING THOSE QUESTIONS. IT LEAVES ME WITH A CONCERN OF JUST HOW THE PROCESS, TO ME, SEEMS AS IT WAS VERY FLAWED. AGAIN, KUDOS TO BOTH ORGANIZATIONS AND ALL THE WORK THEY'RE DOING. WHAT A GREAT OPPORTUNITY FOR THE CITY. I REALLY THINK -- AND I DON'T KNOW IF IT'S THE WILL OF THE COUNCIL, JUST ON THE FLY I WOULD LIKE TO MAKE A MOTION TO SEND THIS BACK TO RFP. >>COUN. LEWIS: OKAY. MOTION ON THE TABLE IS FOR APPROVAL. WE WILL CONTINUE TO DISCUSS THAT AND ULTIMATELY VOTE ON THAT. ANY OTHER COMMENTS, DISCUSSION? COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. I JUST WANTED TO ASK THE ADMINISTRATION HOW MANY RFPs DO YOU GO THROUGH EVERY YEAR AND HAVE A PROCESS TO DEAL WITH? >> COUNCIL PRESIDENT, COUNCILOR SANCHEZ, I DON'T HAVE AN EXACT NUMBER. BUT WE GO THROUGH HUNDREDS OF RFPs A YEAR. >>COUN. SANCHEZ: HUNDREDS OF RFPs, EACH ONE HAS A PROCESS. YOU GUYS SHOULD BE PROFESSIONAL WITH THE RFP PROCESS BY NOW. I STILL DON'T UNDERSTAND WHY SENDING OUT REFERENCE TO A LARGER VENDOR IS A FLAW. IT -- IS THERE SOMETHING IN THAT PROCESS THAT SAYS THAT HAVING A LARGER LOCAL VENDOR GROUP IS A FLAW? IS THERE SOMETHING IN THE PROCESS THAT STATES THAT? >> WE DIDN'T IDENTIFY THAT AS A FLAW. WE LOOKED AT A NEW OPPORTUNITY. WE'RE TRAYING TO GO WITH THE BEST INTEREST OF THE CITY AND LOOK AT OPPORTUNITIES TO GET MORE LOCAL PARTNERSHIPS. I WOULDN'T SAY WE PUT THAT AS A FLAW WHEN WE GAVE THE LETTER OUT. WHAT WE STATED WAS WE'RE LOOKING TO PULL THE RECOMMENDATION OF AWARD AND LOOK AT A NEW RFP. WE NEVER STATED THERE WAS FLAWS WITH THE FIRST PROCESS. MY APOLOGIES, PRESIDENT LEWIS AND COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU. ANOTHER QUESTION IS, EVERY TIME YOU PUT AN RFP OUT THERE THERE'S SEVERAL PEOPLE THAT ACTUALLY BID FOR THAT PRODUCT SERVICE, WHATEVER IT MIGHT BE. IS THAT CORRECT? >> YES, THAT'S CORRECT. >>COUN. SANCHEZ: BASED ON THAT, IF YOU ACTUALLY IMPLEMENT A PROCESS AND THEN AWARD A PROCESS, ISN'T THE OTHER COMPANIES STRATEGIES REVEALED AT THAT POINT? >> COUNCIL PRESIDENT, COUNCILOR SANCHEZ YES. IN THIS CASE, WITH THE IPRA, ALL OF THE PACKAGES WERE PUT OUT THERE. AND AS THE LEGAL HAD STATED, IT PUT ALL THEIR INFORMATION OUT THERE, WHICH WOULD CREATE AN UNFAIR ADVANTAGE. AND WHEN YOU GET TO REBIDDING AND PUTTING IT BACK OUT THERE, YOU GET TO HAVE A FAIR BED IS OUR CONCERN. >>COUN. SANCHEZ: SO AFTER THE FACT, YOU LET THE CAT OUT OF THE BAG AND AWARDED THE PROCESS, THERE'S NO PUTTING IT BACK IN IS WHAT WE'RE HEARING. AND WE DO THIS HUNDREDS OF TIMES A YEAR. AND THAT'S A REALLY BIG CONCERN FOR ALL OF US AT CITY COUNCIL. AND WONDERING WHAT'S THE ADMINISTRATION DOING. WHAT KIND OF COMPETENCE WE HAVE. COULD BE CRONYISM. EITHER WAY, WHO SUFFERS? IT'S THE CITIZENS OF ALBUQUERQUE THAT SUFFER WHEN WE'RE NOT DOING OUR JOB CORRECTLY. IF WE'RE DOING THIS CORRECTLY HUNDREDS OF TIMES A YEAR, WE NEED TO MAKE SURE WE'RE DOING A LITTLE BIT BETTER. FROM WHAT IT SOUNDS LIKE, IT SOUNDS LIKE THE CITIZENS ARE GOING TO LOSE BECAUSE SOMEONE ELSE SAID IT, EITHERER WAY YOU LOOK AT IT THE CITY IS STILL GOING TO GET SUED BECAUSE OF THE FLAWED PROCESS. >> COUNCIL PRESIDENT, COUNCILOR SANCHEZ, AS THE CFO, I HAVE DEPARTMENT OF FINANCE ADMINISTRATION AND PURCHASING UNDER MY PURVIEW. THE BUCK STOPS WITH ME. IF THAT'S WHAT YOU'RE ASKING. >>COUN. SANCHEZ: THANK YOU FOR ADMITTING THAT. WE DON'T GET THAT VERY OFTEN FROM THIS ADMINISTRATION. THANK YOU. BASED ON THAT, AFTER WE HEARD EVERYTHING, AND WE'RE LISTENING TO THIS NOW, IT LOOKS LIKE YOU HAVE COME TO THE CONCLUSION WITH THE LEGAL COUNSEL THAT THE CIRCUMSTANCES WE JUST DISCUSSED MAY GET FAIR FOR THE ORIGINAL RFP. IS THAT CORRECT? >> COUNCILOR LEWIS, COUNCILOR SANCHEZ, I WOULD SAY TO ANSWER YOUR QUESTION ABOUT FAIRNESS, THIS IS AS FAIR AS WE CAN BE AT THIS POINT BECAUSE AS YOU COMMENTED WE LET THE CAT OUT OF THE BAG. THESE TWO PARTIES, AND ANY PARTIES THAT MAY WISH TO -- THERE MAY BE OTHER PARTIES THAT DIDN'T COMPETE WITH THIS RFP THAT MIGHT COME FORWARD AND KNOW THE STRATEGIES OF BOTH OF THESE PLAYERS AND COME WITH REALLY COMPETITION FOR THEM BECAUSE THE CAT IS OUT OF THE BAG. I THINK TO BE FAIR, I THINK, I DO AGREE GOING BACK TO THE ORIGINAL AWARD IS THE BEST THING WE CAN DO AT THIS POINT. >>COUN. SANCHEZ: THANK YOU. >>COUN. LEWIS: NOT ONLY THINK IT'S THE MOST FAIR AT THIS POINT, I THINK YOU WOULD ALSO SAY IT'S ALSO FAIR TO THE POINT WHERE THE COMMITTEE MADE THE AWARD AND MADE THE SELECTION. I THINK MS. KEEFE REITERATED THAT THE PROCESS WAS A NORMAL PROCESS. THIS IS WHAT WE DO. THIS IS HOW WE PUT OUR RFP, AND A COMMITTEE LIKE THIS IS PUT TOGETHER AND THEY'RE TASKED WITH REVIEWING THE PROPOSALS AND MAKING THE DECISION. ALL OF THAT HAPPENED IN A WAY OUR ATTORNEY SAID UP TO THAT POINT IT'S PERFECTLY NORMAL. AND WE AGREE TO CHOOSE A VENDOR. WHAT WE'RE DISCUSSING HERE IS SOMETHING THAT HAPPENED AFTER THE FACT. WHAT HAPPENED AFTER THE FACT DOES NOT CHANGE WHAT WAS BEFORE US. WHAT HAPPENED THROUGH THAT NORMAL PROCESS, SO I THINK YOU CAN SAY WE'RE DOING THE MOST FAIR AFTER THE -- IT WAS MESSED WITH AFTER WITHWARDS. UP UNTIL THAT POINT IT WAS NORMAL AND LED BY A COMMITTEE. DIRECTOR, WAS THERE A -- WHAT IS THE REQUIREMENT IN THE RFP FOR LOCAL VENDOR? AS FAR AS THE LOCAL VENDOR REQUIREMENT? YOU SAID AFTER THE FACT THAT YOU CONTEMPLATED THE ABILITY TO POSSIBLY GET A LARGER LOCAL VENDOR, DID THE PARTIES THAT SUBMITTED THEIR PROPOSAL, DID THEY MEET THE LOCAL REQUIREMENT? >> WE DIDN'T HAVE IT EXACTLY SPECIFIED, BUT WE HAD SINGLE UNITS OUT THERE FOR THIS PACKAGE. ESSENTIALLY, WHEN YOU LOOK AT IT, TWO OF THE UNITS WERE TAKEN BY SINGLE ENTITIES IN THE LOCAL AREA, AND THE OTHER EIGHT WENT TO THE PRIME PACKAGE. SO THAT'S WHAT WE'RE LOOKING AT. WITH THE FAA, WE CAN STRESS IT, WE CAN RUC IT TO HAVE LOCAL, BUT WE CAN'T SET A NUMBER. WE CAN LOOK AT IT, AND THAT'S WHAT WE'RE HOPING TO PUT IT BACK OUT AND GET ADDITIONAL. >>COUN. LEWIS: THE SELECTION THE COMMITTEE MADE THAT WOULD HAVE QUALIFIED FOR A BASIC LOCAL VENDOR TYPE OF RESPONSE, AND IT'S CERTAINLY THE COMMITTEE THAT SELECTED THEM. AND MAY OR MAY NOT HAVE BEEN CONCERNED ABOUT THAT IN ANY WAY. MAYBE THE OTHERS DID TO. IT SEEMS LIKE THEY DID. WHEN THE SELECTION WAS MADE AND CONTEMPLATED TO CANCEL IT AT THAT POINT, AS YOU SAY FOR THE REASON OF LOOKING FOR A LARGER LOCAL VENDOR, WHO MADE THAT DECISION? >> IT WAS MYSELF AND MY TEAM. I'LL TAKE RESPONSIBILITY ON THAT. I GAVE MY RECOMMENDATION TO MR. SOURISSEAU AND EXECUTIVE TEAM. I'LL TAKE RESPONSIBILITY FOR THAT ONE. >>COUN. LEWIS: ANY FEEDBACK ON THAT WITH THEIR RECOMMENDATION AS WELL? >> YES, WE HAD DISCUSSION. AND WE HAD STRESSED THAT WE THOUGHT THERE WAS AN OPPORTUNITY. SO, WE PUSHED FOR THAT. >>COUN. LEWIS: THE MAYOR'S OFFICE, THE ADMINISTRATION WEIGHED IN ON IT AND HELPED WITH THAT DECISION TO LOOK FOR A LARGER VENDOR? >> THAT WAS MY RECOMMENDATION. I HAD DISCUSSIONS WITH MR. SOURISSEAU WHO I REPORT TO AND WE HEAVILY RECOMMENDED THAT TO MOVE FORWARD. >>COUN. LEWIS: OBVIOUSLY, YOU MAY HAVE MADE A RECOMMENDATION, BUT YOU MADE THE RECOMMENDATION TO HAVE A DISCUSSION ABOUT IT, ASSUME. AND THE FEEDBACK WAS POSITIVE? >> THEY APPROVED. I RECEIVED APPROVAL FROM MR. SOURISSEAU YES. I HAVE TO GET APPROVAL. IT WAS HEAVILY ON MY RECOMMENDATION. THE REPORT WE GAVE IN DISCUSSION GOING WITH THAT. >>COUN. LEWIS: DISCUSSION OVER WHETHER THIS MAY OR MAY NOT BE LEGAL OR FAIR NOW? WE WENT THROUGH A FAIR PROCESS AND MADE A SELECTION, THIS MAY OR MAY NOT BE A FAIR PROCESS AND ULTIMATELY THE CITY ATTORNEY RECOMMENDED THAT'S THE WAY TO GO? >> AT THAT TIME, YOU KNOW, EVERYTHING WAS IN THE PROCEDURES ALLOWED. WE COULD RESTRACT THE RECOMMENDATION AWARD. OF COURSE, WE RECEIVED NOTICES OF ISSUES OF IPRA. WE HAD DISCUSSIONS WITH LEGAL ON THAT. AND THAT'S WHEN WE DECIDED IT WAS IN THE BEST INTEREST TO RETRACT THAT AND GO BACK TO THE ORIGINAL AWARD. >>COUN. LEWIS: DID YOU HAVE DISCUSSIONS WITH THE MAYOR ABOUT IT? >> WITH THE MAYOR? NO SIR. >>COUN. LEWIS: KEVIN, DID YOU HAVE DISCUSSIONS WITH THE MAYOR? >> NO, SIR. WE HAD DISCUSSIONS WITH THE RECOMMENDATION. >>COUN. LEWIS: YOU HAD A DISCUSSION WITH THE MAYOR. >> THE RECOMMENDATION FOR THE AWARD, AND THEN TO CANCEL THE AWARD AND GO BACK OUT. WE HAD DISCUSSIONS ABOUT THE RECOMMENDATION AND WENT BACK. AND I WAS A THENAR BACK TO RICHARD FROM THE EXECUTIVE TEAM THAT YES, WE CAN DO THAT. WE'LL ACCEPT THE RECOMMENDATION. >>COUN. LEWIS: WAS IT A BACK AND FORTH CONVERSATION AND DISCUSSION ABOUT WHETHER WE SHOULD DO THIS OR NOT? OR WHETHER THIS IS THE RIGHT NEXT STEP TO THIS. >> WE -- WITHOUT GETTING INTO A LOT OF DETAILS, THIS HAS BEEN MONTHS NOW, WE HAD DISCUSSIONS ABOUT AN OPPORTUNITY. WE SHARED WHAT WE HAD DONE WITH OUR FOOD COURT. WE HAD MULTIPLE VENDORS AND TWO DIFFERENT RFPs ON THAT. WE HAD GREAT LOCAL PRESENCE ON THAT. SO, WE COMPARED THAT TO RICHARD'S RECOMMENDATION AT RICHARD'S RECOMMENDATION BECAUSE HE COMPARED THAT AS WELL. WE DID BRING THOSE CONVERSATIONS UP AND WE TALKED ABOUT THE PROS AND CONS OF IT. AND WE AGREED TO LET RICHARD MOVE FORWARD WITH THIS RECOMMENDATION. >>COUN. LEWIS: PRETTY EXTENSIVE CONVERSATION ABOUT IT, IT SEEMS LIKE. DID YOU DISCUSS THE PROS AND CONS OF EACH OF THE PROPOSALS THAT WERE PRESENTED THAT THE COMMITTEE ALREADY SELECTED? >> COUNCIL PRESIDENT, NO. WE TALKED ABOUT THE OPPORTUNITY TO POTENTIALLY ADD SOME DIFFERENT OPTIONS FOR THE PACKAGES TO GET SOME BETTER LOCAL PARTICIPATION. >>COUN. LEWIS: IN ALL THIS, THESE WERE ALL DISCUSSIONS AND THEY WERE MADE AFTER THE FACT. I THINK OUR TASK IS TO LOOK AT A FAIR PROCESS, A NORMAL PROCESS THAT WAS PUT IN PLACE. AND BASE THAT OFF OF PROPOSEALS BEFORE THEM. YOU GUYS CAME FULL CIRCLE AFTER, YOU KNOW, NOT SURE WHY. THAT WAS THE ONLY THING IS WHAT HAPPENED AFTER THE FACT. I DON'T THINK ANY BASIS FOR, AS FAR AS OUR DECISION, ON THE PROCESS THAT WAS FAIR AND NORMAL AND THERE'S SELECTION. COUNCILORS, ANY OTHER DISCUSSION? WE'LL GO TO COUNCILOR BASSAN. I DON'T KNOW WHO IS NEXT. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. JUST ANOTHER CLARIFYING QUESTION FROM MS. KEEFE. YOU KNOW, THE DISCUSSION ABOUT THE IPRA SEEMS TO BE THE REASON WHY OR PART OF THE REASON WHY YOU DECIDED TO -- BECAUSE IT WAS WITHDRAWN AND FOR REASONS CONCERNING LOCAL BUSINESSES, AND MAYBE LACK THEREOF, AND WE'RE HEARING THAT THEY HAD MORE LOCAL BUSINESSES. I DON'T WANT TO GET INTO THAT BECAUSE I THINK BOTH HAVE A LOT OF GREAT LOCAL SUPPORT. BUT, MY QUESTION IS SURROUNDING THE IPRA. SO, IF IPRA IS USED AS A REASON TO REAWARD, CAN SOMEONE IPRA A -- DURING AN APPLICATION PROCESS? AND THE SECOND QUESTION IS IF SOMEONE IPRAs, DOES THAT MEAN WE CANNOT CANCEL RFP IN THE CITY OF ALBUQUERQUE FOR FEAR THERE MIGHT BE AN IPRA? AND ARE IPRAs ALLOWABLE? DO WE HAVE A CLAUSE THAT SAYS ONE COMPANY CANNOT IPRA INFORMATION? I'M NOT TALKING ABOUT ONE COMPANY, I'M JUST SAYING A COMPANY. SO ANYBODY GETS AN RFP, IF THEY WANT TO DO AN IPRA, ARE THEY ALLOWED? AND IF THE LAW SAYS THAT THEY ARE, THEN THAT SHOULDN'T BE A REASON, IN MY MIND. >> COUNCILOR PEÑA, YOU CANNOT GET THE IPRA DURING THE AWARD PROCESS. THAT'S ACTUALLY SPELLED OUT IN OUR ORDINANCES. SO THE RESPONSES TO AN RFP CAN'T BE RELEASED UNTIL AFTER WE MADE A RECOMMENDATION OF AWARD. WHAT HAPPENED HERE IS THE RECOMMENDATION WAS MADE AND THREE DAYS LATER THE RESPONSES WERE RELEASED PURSUANT IT THE IPRA, AND THAT COULDN'T HAPPEN EARLIER. I THINK YOU RAISE A GOOD QUESTION THAT THE CITY DOES HAVE TO DEAL WITH, PERHAPS NOT TONIGHT, BECAUSE IF WE DO AS A MATTER OF PRACTICE RELEASES THE RESPONSES FAIRLY QUICKLY AFTER RECOMMENDATION OF AWARD AND DOES THAT TIE OUR HANDS SUCH THAT WE COULD NOT CANCEL, AND WE DON'T CANCEL OFTEN, BUT IT IS SOMETHING TO ADDRESS GOING FORWARD WHAT IS THE BEST PROCEDURE. THE STATE DOES NOT RELEASE RESPONSES UNTIL AFTER A CONTRACT IS SIGNED. I'M NOT RECOMMENDING THAT. I ACTUALLY THAT WOULD SURPRISE PROTESTERS OF INFORMATION. WE COULD RECONSIDER WHEN WE RELEASE INFORMATION IN RESPONSE. >>COUN. PEÑA: MR. PRESIDENT, MS. KEEFE, THIS GETS ON THE POINT I WAS MAKING IS THIS PROCESS IS FLAWED. AND NO ILL-WILL OR GOOD-WILL TO EITHER APPLICANT. IT'S JUST THAT IT REALLY PUT US AS A CITY INTO A VERY PRECURIOUS SITUATION BECAUSE IF, BASED ON THE RECOMMENDATION TO CANCEL, WAS SOMETHING VERY SERIOUSLY CONSIDERED AND IT WAS PART OF THE REASON TO DO THE IPRA BECAUSE OF THE IPRA, CAN WE ISSUE IT TO MARSHAL, THEN THAT'S A FLAWED PROCESS. THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: IT WOULDN'T BE REISSUED IN THAT REGARD. REGARDALIZE OF THE DECISION WE MAKE TONIGHT, IT WOULD BE CONFIRMING OR APPROVING ORIGINAL SELECTION THAT WAS MADE BY COMMITTEE. IT WENT THROUGH A FAIR PROCESS. AND CONVERSATIONS WITH THE MAYOR AND DIRECTION FROM THE MAYOR THAT GOES BACK DOWN TO YOU GUYS, THERE'S ANOTHER IDEA. AND AGAIN, I DON'T THINK -- I THINK YOU WOULD HAVE GONE AS FAR AS THAT DECISION GOES, DO WHATEVER THE MAYOR ASKED YOU TO DO. DISCUSSION WERE HAD ON THAT. WE CAN ALL MAKE ASSUMPTIONS ON THE REASON WHY THE MAYOR WOULD WEIGH IN ON THAT AND THE REASON WHY HE WOULD WANT TO GO A CERTAIN WAY OR THE OTHER. I THINK COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. I JUST HAVE A QUICK COUPLE POINT OF CLARIFICATION. MS. KEEFE, DID YOU STATE EARLIER THERE'S ALREADY AN ORDINANCE ADDRESSING THIS ISSUE? >> THERE IS. >>COUN. CHAMPINE: ADDRESSING THIS IF AN RFP IS RELEASED? THIS WHOLE PROBLEM THAT WE'RE HAVING. THERE'S A CITY ORDINANCE? >> THAT'S CORRECT. >>COUN. CHAMPINE: OKAY. HOW LONG IS THIS CONTRACT FOR? >> THIS CONTRACT IS FOR TEN YEARS. >>COUN. CHAMPINE: TEN YEARS? >> YES, THE FAA ALLOWS YOU TO HAVE TEN-YEAR CONTRACT ON CONCESSIONS PROGRAMS. THAT'S THE MAX AMOUNT OF TIME. >>COUN. CHAMPINE: MR. PRESIDENT, IT SEEMS LIKE THE FLAW WASN'T THE PROCESS, IT SEEMS LIKE THE RESPONSE TO THE AWARD BECOMES IN THE ACTIONS AFTER THE AWARD WOULD CAUSE THIS ISSUE TO COME UP AND THE FLAW TO BE EXPOSED. NOT WITH THE PROCESS, BUT WITH THE RESPONSES ON THE CITY SIDE OF THAT AWARD. SO, WITH THAT BEING SAID, IS IT SAFE TO SAY THAT A BETTER PROCESS MIGHT HAVE BEEN TO THINK ABOUT THAT AFTER THE CONTRACT IS DONE? TO SAY, WE WISH THIS WOULD HAVE HAPPENED DURING THE RFP SO WE NEED TO TAKE NOTE OF IT TO USE IT AFTER WHEN WE DO THE CONTRACT AGAIN. IS THAT SAFE TO SAY? >> COUNCIL PRESIDENT LEWIS, COUNCILOR CHAMPINE, YOU KNOW IN HINDSIGHT, WE HAD A GOOD PROCESS AND EVERYTHING. WE WERE LOOKING FOR THE BEST INTERESTS OF THE CITY. WE WERE HAVING DISCUSSIONS WITH OUR CONSULTANT AND THOUGHT THERE WAS AN OPPORTUNITY. HINDSIGHT, YES, IT WOULD BE LOOKING AT THE CONTRACT. >>COUN. CHAMPINE: YOU AGREE. YOU SAY THIS IS SOMETHING WE WISH WE WOULD HAVE DONE WHEN THE CONTRACT IS DONE IN TEN YEARS LET'S MAKE SURE WE DO THIS. THAT WOULD BE A BETTER COURSE THAN WHAT WE PUT FORWARD? THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. I JUST WANTED TO DO A QUICK FOLLOW-UP IN REFERENCE TO THE PROCESS. YOU'VE BEEN SITTING HERE BEFORE WHEN OTHER RFPs COME UP, AND I KNOW WE'VE BEEN TOLD YOU HAVE A GOOD PROCESS IN PLACE TO BEGIN WITH. I REMEMBER BEING TOLD TRUST THE PROCESS WE'LL GET THIS WHEN THERE'S OTHER ISSUES THAT HAVE COME UP. AND WE FOLLOWED THAT. ALSO, WHEN THE SUBJECT OF IPRA WAS BROUGHT UP, I JUST WANT TO ASK STAFF AND MS. KEEFE IF THIS IS A QUASI-JUDICIAL ISSUE. >> COUNCIL PRESIDENT, COUNCILOR SANCHEZ NO. IT'S A GENERAL PROCESS QUESTION. IT'S NOT A -- I DON'T THINK -- >>COUN. SANCHEZ: THE REASON I'M ASKING THAT QUESTION IF IT'S QUASI-JUDICIAL TO ALL OF US COUNCILORS IS BECAUSE I WAS CONTACTED OVER AND OVER AND OVER BY BOTH GROUPS. I DIDN'T RESPOND TO ANY CONTACTS BECAUSE I WANTED TO MAKE A CLEAR DECISION WITHOUT ANY EXTRA ADDED INFORMATION WHEN I CAME HERE. THE QUESTION I'M ASKING IS IS IT ALL RIGHT FOR THESE PEOPLE TO BE CONTACTING US OVER AND OVER TO DEAL WITH THE DECISION AND PUSH US IN A CERTAIN WAY IN REFERENCE TO THAT DECISION? THAT'S WHY I WAS ASKING IF IT'S QUASI-JUDICIAL. I GOT LOT OF CALLS AND I DID NOT RESPOND TO ANY OF THEM. >> COUNCILOR SANCHEZ, MY UNDERSTANDING IS THIS NOT A QUASI-JUDICIAL PROCESS. I'M LOOKING OVER MY SHOULDER BECAUSE MS. BOULLODON IS MORE FAMILIAR WITH THAT ISSUE. >>COUN. LEWIS: CERTAINLY WE FALL UNDER OTHER OPEN MEETINGS ACT, SO IF THERE WAS A CALL MADE WITH FIVE COUNCILORS, OR THE COMMITTEE MET, OBVIOUSLY WE FALL UNDER THOSE TYPES OF PROCEDURES AND ORDINANCES. THIS SPECIFICALLY, I THINK THOSE GROUPS HAD EVERY RIGHT TO CONTACT US IN THAT REGARD. COUNCILORS, ANY OTHER DISCUSSION? COUNCILOR BACA. >>COUN. BACA: THANK YOU, MR. PRESIDENT. JUST A QUICK STATEMENT AND A QUESTION. THE IDEA THAT OUR RAPPORT WITH LOCAL IS PHENOMENAL. I APPLAUD THE IDEA. IT SOUNDS LIKE IT WAS A FAIR PROCESS TO GET THIS GOING. AND IT SOUNDS LIKE, TO ME, IT SOUNDS LIKE YOU GUYS SCREWED UP A LOT AND NOW I HAVE TO MAKE A CHOICE ABOUT WHO IS GOING TO WIN AND WHO IS GOING TO LOSE. AND THE PEOPLE THAT LOSE OUT ON THIS ARE NEW MEXICANS. I'M A LITTLE DISAPPOINTED ON THAT. I DON'T MIND MAKING HARD DECISIONS. I DON'T LIKE HAVING TO DO IT BECAUSE OTHER PEOPLE SCREWED UP. MY QUESTION IS, THIS STARTED IN 2019. WHAT ARE THE PRACTICAL EFFECTS, IF WE DEFER THIS, DO WE END UP WITH NO CONCESSIONS FOR A LONG PERIOD OF TIME? WHAT WOULD THAT ACTUALLY LOOK LIKE? WE HAVE AN AIRPORT THAT ISN'T GOING TO STOP RUNNING. >> COUNCILOR LEWIS, COUNCILOR BACA, WHAT YOU LOOK AT IS YOU'D LOOK AT IT ON AN ANOTHER 9 MONTHS OF GOING THROUGH THE PROCESS TO GET APPROVAL FROM COUNCIL IF WE HAD TO GO BACK OUT. YOU'RE LOOKING AT, ESSENTIALLY, WE HAVE TO WAIT UNTIL FEBRUARY, BASED ON THE SIX-MONTH RULE. WE HAVE TO DO 90-DAY POSTING FOR THIS IN ORDER TO GET RESPONDENTS AND YOU HAVE ESSENTIALLY A ONE-MONTH REVIEW FOR EVALUATION TO GIVE RECOMMENDATION. RIGHT THERE, YOU'RE LOOKING AT SIX MONTHS. AND THE PROCESS, YOU'RE HITTING THE JULY TIME PERIOD AND YOU'RE LOOKING AT GOING THROUGH COUNCIL PROCESS ABOUT THREE MONTHS TO GET TO THE RECOMMENDATION, SO THAT'S NINE MONTHS. AND YOU'RE LOOKING AT LEAST A MONTH TO TWO MONTH FOR THE CONTRACTS APPROVAL. YOU'RE LOOKING AT NINE MONTHS BECAUSE WE HAVE TO GO THROUGH THE CONTRACT APPROVAL. >>COUN. BACA: THAT'S ASSUMING THESE TWO APPLYING WOULD HAVE PACKAGES READY. EVEN THOUGH I HEARD SOME OF THESE TOOK YEARS TO PUT TOGETHER. >> COUNCILOR LEWIS, COUNCILOR BACA, COULD YOU REPEAT THAT? >>COUN. BACA: I'M SORRY. IT SOUNDED TO ME, MAYBE I'M WRONG, THEY SPENT MORE THAN THREE MONTHS PUTTING TOGETHER THESE BIDS. ANY OTHER GROUPS -- >> WHAT HAPPENS IN THIS CASE IS CONCESSIONS ARE AWARE OF WHEN CONTRACTS ARE EXPIRING. THEY'RE LOOKING AT THE AIRPORTS ACROSS THE NATION. THEY START PREPARING AND LOOKING AT THAT PROCESS TO SEE WHERE THEY WANT TO COMPETE. SO, LIKE THEY WERE STATING, THEY STARTED BACK IN 2019 TO ASSESS PROGRAMMING HERE. WE PUT IT ON FOR 90 DAYS. SOME CAN SCRAMBLE AND DO IT. I'VE BEEN INVOLVED IN A FEW OF THESE. 90 DAYS IS THE STANDARD THAT WE PUT IT OUT IN THE STREETS. >>COUN. BACA: OKAY. MY FINAL FOLLOW-UP, MR. PRESIDENT. WHEN IS AIRPORT CONSTRUCTION EXPECTED TO BE COMPLETED? >> AIRPORT CONSTRUCTION FOR THE DREAM OF FLIGHT, WE'VE COMPLETED TWO OF THE MONUMENT TIMELINES. WE'VE COMPLETED THE CHECKPOINT. WE JUST OPENED, TODAY, THE FOOD HALL. START THAT PROCESS. AND WE HAVE THE BUILD-OUT OF THE CONCESSION AREAS. WORKING WITH THE CONCESSION. YOU'RE LOOKING AT THE END OF 2025 WE'LL HAVE ALL THE CONCESSIONS IN THE FACILITY. IT'S ABOUT TIMING AND PHASING. THREE-MONTH FOR EACH OF THE SITES. ONCE WE COMPLETE ONE, WE CAN DO OTHER AREAS. IT'S ESSENTIALLY THREE MONTHS OF DEMO, AND FOUR TO FIVE MONTHS OF BUILD OUT. WE'RE LOOKING AT THE FULL CONCESSIONS PROGRAM BEING UP AND RUNNING BY THE END OF 2025. >>COUN. BACA: THANK YOU. >>COUN. LEWIS: COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. THIS IS FOR ADMIN. HOW OFTEN DO RFPs GO OUT, AND YOU DON'T GET A RESPONDENT? >> COUNCILOR LEWIS, COUNCILOR GROUT, WE DO RFPs FOR ROAD CONSTRUCTION, FOR CONSTRUCTION PROJECTS, WE DO RFPs FOR SERVICES. I COULDN'T TELL YOU A PERCENTAGE. IT'S NOT VERY COMMON THAT WE DON'T GET RESPONSES TO RFPs. THERE ARE TIMES WHEN WE GET ONE RESPONDENT. WE MIGHT CHOOSE TO PUT IT OUT LONGER SO WE GIVE MORE PEOPLE TO TIME TO RESPOND. IF WE DON'T HAVE A GOOD SELECTION, WE CAN CHOOSE TO CANCEL. WE HAVE A LOT OF OPTIONS. AS FAR AS YOUR QUESTION OF HOW OFTEN DO WE NOT GET RESPONSES, IT'S NOT THAT OFTEN. BUT IT DOES HAP FROM TIME TO TIME. >>COUN. GROUT: THANK YOU. HOW OFTEN DO YOU SEND OUT THAT RFP AND YOU GET SOME RESPONDENTS BUT YOU DECIDE YOU WANT TO MAKE IT DIFFERENT? HOW OFTEN DOES THAT HAPPEN? >> COUNCIL PRESIDENT, COUNCILOR GROUT, I CAN THINK OF ONE OTHER TIME IN MY SIX YEARS WITH THE CITY THAT I HAVE SEEN THAT HAPPEN. NOW, I'VE NOT BEEN -- TO COUNCILOR SANCHEZ'S POINT THE BUCK STOPS WITH ME FOR PROCUREMENT. I'VE BEEN CFO FOR A LITTLE OVER A YEAR. I'M NOT AWARE OF ALL OF OUR RFPs. I DO KNOW BEFORE I WAS CFO I REMEMBER ONE RFP WHERE WE CANCELED, CAME BACK AND REGROUPED AND PUT IT OUT AGAIN. >>COUN. GROUT: THANK YOU. >>COUN. LEWIS: THANK YOU, SIR. ANY OTHER DISCUSSION, QUESTIONS? THIS IS EC-24-247. MOVED AND SECONDED. ANY DISCUSSION OR QUESTIONS? WE'LL CLOSE DISCUSSION. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: NO. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON AN 8-1 VOTE. >>COUN. LEWIS: COUNCILORS, WE'LL GOING TO GO TO GENERAL PUBLIC COMMENT. WE'LL CALL THE FIRST SPEAKER. >> THANK YOU, MR. PRESIDENT. FIRST WE HAVE HERBERT, BARBARA, FOLLOWED BY RHONDA. RHONDA, FOLLOWED BY RENÉ, FOLLOWED BY ANAMI. RENÉ, FOLLOWED BY ANAMI, FOLLOWED BY MARSEYN. ANAMI FOLLOWED BY MARSEYN. >> IT'S BEEN A COOL MEETING SO FAR EVERYBODY. IT'S BEEN A NICE FOUR HOURS. WONDERFUL QUESTIONS. EXCELLENT PACING. I LOVE IT. I AND A LOT OF OTHER PEOPLE ARE HERE BECAUSE OF THE ORDINANCES THAT WERE INTRODUCED BY COUNCILOR GROUT. IN LOOKING AT THE RESOLUTIONS THAT WAS PUT OUT TODAY FROM COUNCILOR GROUT AS WELL, IT'S KIND OF APPARENT THAT YOU'RE ABLE TO DO GOOD POLICY AND YOU'RE ABLE TO SUPPORT HOMELESSNESS CORRECTLY. AND THEN IT WAS JUST LIKE THIS WEIRD CURVE BALL TO THROW IN THREE VERY BLATANTLY ANTI-HOMELESS POLICIES. IT SEEMS LIKE IT MIGHT HAVE BEEN A DISTRACTION FROM THE 125 -- ONE MILLION DOLLARS THAT WENT TO THE COPS EARLIER. >> MARSEYN FOLLOWED BY COREY FOLLOWED BY MOSA. >> WANT TO MAKE A POINT OF SAYING CRAZY THAT WE'RE GIVEN A MINUTE AND WE JUST SAT THROUGH ALL OF THAT. IT'S GREAT. >>COUN. LEWIS: HAVE AS MUCH TIME AS YOU LIKE. >> THANK YOU. I'D LIKE TO GET STRAIGHT TO THE POINT. THIS COUNCIL ADMINISTRATION VERSION OF PROVIDING HELP IN ADDRESSING THE HOMELESSNESS INVOLVES OVERPAYING CONTRACTORS, WHERE FOLKS AND ARE ROBBED AND ATTACKED. AND SOME DYING. YOU HAVE TO DOUBLE PAY LANDLORDS BECAUSE THE HOUSING COLLECTIVE EMBEZZLE FUNDS AND DON'T PAY THOSE LANDLORDS. NOW WE'RE TRYING TO GET THAT MONEY BACK. THAT'S GREAT. WE'RE SPENDING $13.5 MILLION IN HOUSING VOUCHERS THAT BARELY GETS ANYBODY. ERR CUTTING $8.5 MILLION OUT OF VOUCHERS BUT NOW WE'VE CONENOUGH TO CREATE ORDINANCES AGAINST THOSE FOLKS AND BAN THEM FROM PARKS, BAN THEM FROM PUBLIC PLACES, DESTROY ENCAMPMENTS WHICH ARE THE ONE SAFE PLACE THEY HAVE FOUND TO STAY DURING THE WINTER. A TIME WHEN PEOPLE DIE FROM BEING OUTSIDE IN THE COLD. IT SEEMS A LITTLE WEIRD THAT YOU'RE CHOOSING NOW TO PUT FORWARD THOSE THINGS. MAYBE THAT'S SOMETHING TO DO WITH THE FACT YOU'RE UP FOR REELECTION NEXT YEAR. WHO KNOWS? WE'LL SEE. >>COUN. LEWIS: I'LL REMIND, OUR COUNCIL RULES AND PROCEDURES, NO CLAPPING IN THE CHAMBER. OUT OF RESPECT FOR THOSE THAT ARE SPEAKING, MAKING SURE WE'RE HEARING FROM EVERYBODY TONIGHT. >> COREY FOLLOWED BY MELISSA FOLLOWED BY ANNIE. >> FOLLOWED BY ANNIE FOLLOWED BY JOANNA. >> OREGON-BASED PACIFIC CAP IS TRYING TO GET A MONOPOLY BY BUYING AND MAINTAINING LOW INCOME HOUSING IN ALBUQUERQUE. OREGON-BASED PACIFIC HAS INVESTED IN HARDWARE FOR TAINING PROPERTIES IN ALBUQUERQUE FOR A DECADE. MY APARTMENT WAS APPROVED BY SISTER COMPANY SHC, MY COMPANY SOLD OUT. I HAVE A SCREEN SHOT OF THE PREVIOUS TENANTS OF MY APARTMENT AND IT'S WATER DAMAGED. I HAVE YEARS OF SCREEN SHOTS REFERENCING THE MANAGER ANNA LOPEZ IN ALBUQUERQUE AND OREGON. I HAVE A RECORDING OF AREA MANAGER ANNA COPYING MY LIST OF REPAIRS IN FEBRUARY. MY APARTMENT HAS FAILED CODE ENFORCEMENT INSPECTIONS FOR THREE YEARS. AS WELL AS THE ENTIRE BUILDING. I HAVE RECORDING OF FC BOASTING CONTRACTING AND ABATING PACIFIC APP. I HAVE BEEN REQUESTING REMOVAL OF MOLD, MICE, PIGEONS AND LEAKS, AND I HAVE BEEN MET WITH DEATH THREATS, HEROIN NEEDLES, AND FOUR EVICTION NOTICES. THIS IS THE LOW INCOME HOUSING I'M GETTING. THEY NEED TO REFORM OR GET OUT OF ALBUQUERQUE. -- I'M GOING TO LEAVE A MOLD INSPECTION. THANK YOU. >> JOANNA FOLLOWED BY LISA FOLLOWED BY COURTNEY. LISA FOLLOWED BY COURTNEY FOLLOWED BY RENÉ. >> GOOD EVENING, MR. PRESIDENT, WHAT AN EXCITING MEETING YOU GUYS HAVE HAD TONIGHT. I'M VERY EXCITED THAT THERE'S SO MUCH DISCUSSION. THANK YOU, COUNCILORS. I LIVE IN DISTRICT THREE. SAMUEL JOHNSON, ALSO DR. SAMUEL JOHNSON WAS A BROKE 18th CENTURY TEACHER WHO BECAME FAMOUS FOR WORDS. PUTTING ENGLISH WORDS INTO ALPHABETICAL ORDER AND DEFINING THEM. IT MADE HIM FAMOUS. HE SAID THE TRUE MEASURE OF A MAN IS SOMEONE WHO TREATS SOMEONE THAT CAN DO ABSOLUTELY NO GOOD. AFTER TEN MONTHS OF ATTENDING ALBUQUERQUE CITY COUNCIL MEETING I HAVE REACHED THE DAWNING. IT IS NOT YOU ALL WHO MAKE THE INTERNAL POLICIES THAT DEFY HUMANITY. IT IS THE CITY OFFICIALS WHO WE PAY. MAYOR TIM KELLER IS WHO I HOLD ACCOUNTABLE. I ASK THIS CITY COUNCIL TO DO EVERYTHING IT CAN LEGALLY TO HOLD OUR MAYOR ACCOUNTABLE FOR OUR CONTINUING TO EMPLOY A POLICE CHIEF WHO HIMSELF IS A CHILD KILLER, WHAT MUST WE DO AS A CITIZENS DO TO PROTECT OURSELVES FROM OUR STUNNED DRIVER RUNNING RED LIGHTS. TO WHOM DO WE APPEAL ABOUT A CRUEL PALMS THAT THROWS POOR HUMANS IN THE POOR WHEN THE SHELTERS ARE FULL BUT THE AIR B&B ARE EMPTY THAT. THAT'S TIM KELLER. I HOPE YOU ALL WILL PLEASE DO EVERYTHING YOU LEGALLY CAN. >> COURTNEY, FOLLOWED BY RENÉ, FOLLOWED BY JACK. >> GOOD EVENING, COUNCIL PRESIDENT LEWIS, COUNCIL MEMBERS, FELLOW COMMUNITY MEMBERS. I'M A RESIDENT OF DISTRICT TWO. THE GRANTS PASS DECISION BY INSUPREME COURT OPENED THE GATES TO THE HEARTLESS PRACTICE OF CRIMINALIZING ACTIVITIES NECESSARY FOR SURVIVAL. WE'RE SEEING CITIES RUSHING TO CRIMINALIZE HOMELESSNESS, SETTING A DISTURBING TONE FOR WHAT MAY BE COMING TAT THE FEDERAL LEVEL. DENYING PEOPLE THE ABILITY TO SLEEP, BREAK BREED AND EXIST IN COMMUNITY SPACES IS PARTICULARLY ABHORRENT. ORDINANCES 56, 57, AND 58 ARE HOSTILE TO UNHOUSED COMMUNITIES. 56 HAS AN EGREGIOUS SECTION PROHIBITING SHARING FOOD WITH COMMUNITY MEMBERS AS A WAY TO SWEEP SOCIAL INEQUITY UNDER THE RUG. 58 PROPOSES A $500 FINE OR SENTENCING OF INCARCERATION FOR CAMPING IN PUBLIC PARKS. COUNCILOR LEWIS, COUNCIL MEMBERS, MAY YOU NEVER BECOME POOR. MAY YOU ALWAYS BE PROSPEROUS BECAUSE YOU TO MAY BE MET WITH DENIAL OF HUMAN RIGHTS. THE DENIAL OF PERSONHOOD IS DENIAL OF JUSTICE. NO TO THE PROPOSITIONS. >> RENÉ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th HUMAN RIGHTS DAY. IT SAYS THE CITY OF ALBUQUERQUE IS COMMITTED TO BUILDING ONE ALBUQUERQUE. -- NEIGHBORS CALLING 311 AT THE SITE OF A POOR HUMAN DOES NOT SHOW CARE. -- CENTERED AROUND HOUSING AND SAFETY FOR ALL. THIS WEEK, THE 2,047 UNSHELTERED NEIGHBORS ARE IN ALBUQUERQUE. AND APS STUDENTS ARE EXPERIENCING HIDDEN HOMELESSNESS. ACCORDING TO HUD, IN 2020, IT COST $40,000 TO KEEP ONE INDIVIDUAL HOMELESS FOR ONE YEAR. THE CITY SPENT $85 MILLION ON HOMELESS INITIATIVES. 1,228 MEMORIAL TILES LINE THE WALLS OF ALBUQUERQUE HEALTH CARE FOR THE HOMELESS. THAT DOES NOT INCLUDE 92 FROM LAST YEAR OR THOSE THAT WILL BE MEMORIALIZED THIS YEAR. THE CITYWIDE CRISIS IS NOT GOING TO END. AND IT'S IMPACTING US ALL. IN ONE WEEK, THOSE WHO PARTICIPATED IN THE EVENTS WERE ABLE TO BRING 14 ACTIONABLE SOLUTIONS TO NON-SHELTERED THAT WILL SAVE RESOURCES WERE DEVELOP HUMAN POTENTIAL, STRAIGHTEN THE COMMUNITY. CONVERSATIONS AND ACTIONS WILL CONTINUE AND WE'RE ASKING YOU TO ACKNOWLEDGE THAT HOUSING ARE HUMAN RIGHTS FOR US ALL. >>COUN. LEWIS: THANK YOU. YOUR TIME IS UP. >> JULIE FOLLOWED BY SAMANTHA. >> DID YOU CALL ON JULIE? >> YES, PLEASE. PROCEED. >> THANK YOU. GOOD EVENING, THANK YOU COUNCIL PRESIDENT MEMBERS. A COUPLE WEEKS AGO I SPOKE AT THE FINANCE AND GOVERNMENT OPERATIONS AND SUPPORTED THE THREE BILLS, O-24-57, 56, 58. I CONTINUE TO SUPPORT THOSE BILL NCHZ BILLS TAKE NOTHING AWAY FROM THE CITY PROGRAMS SERVING THE HOMELESS. THESE PROGRAMS ARE SUPPORTED BY TAXPAYERS ANNUALLY OVER $57 MILLION FOR THE PROGRAM. I APPRECIATE THOSE WHO ADVBLTH AND PROVIDE THE SERVICES FOR THE HOMELESS. I ALSO AGREE WITH THE ADVOCATES THAT HAVE SPOKEN AT THE COMMITTEE AND THIS EVENING CALLING ON ACCOUNTABILITY AND RESULTS FOR SERVICES TO THE HOMELESS. OUR COMMUNITIES DESERVE A SAFE ACCESS TO PARKS. THESE BILLS ARE ABOUT STRIKING A BALANCE IN OUR COMMUNITY. ABOUT SETTING BOUNDARIES AND RECOGNIZING THE INCENTIVE AND INVESTMENT TAXPAYERS MAKE IN OUR COMMUNITY AND OUR PARKS. I ENCOURAGE YOU TO SUPPORT THE BILL. >> FOLLOWED BY LISA. >> THANK YOU, COUNCILORS. GOOD EVENING. IT REALLY DOES FEEL LIKE EVERY ADULT IN THIS CITY IS EXHAUSTED. I WAS BORN HERE. I'M A PARENT. IT DOES FEEL WORSE TODAY THAN IT DID 40 YEARS AGO. WE'RE DECADES INTO POLICY THAT CHASES PRIVATE DEVELOPMENT. BUILDING JOBS, ZONES FOR BUSINESS, MAKE APS ALL ABOUT JOBS, THESE ARE PRIORITIES WHEN WE WERE CHILDREN. UNSHELTERED PROGRAMS REFLECT THIS MINDSET, GET THEM WORKING, PAYING RENT. IF THEY DON'T WORK THEY GO BACK TO THE STREETS, AND THOSE BILLS LEAVES APD TO PUT THEM IN JAIL WHERE THEY WORK AS SLAVES. THIS CREATES A POLICY WHERE THE WORKERS OF THE CITY, MYSELF INCLUDED AND YOU ALL, ARE WORKING UNDER THREAT OF HOMELESSNESS AND INCARCERATION. WHICH SUCKS. THAT'S WHAT IS STRESSING US OUT. EVEN WHEN PEOPLE HAVE JOBS, THEY'RE STRUNG OUT ON JOBS. THESE SOLUTIONS THAT DON'T UPLIFT MOST VULNERABLE WITH NO PEXATION THEY WORK TO EARN IT. THOSE SOLUTIONS GIVE RELIEF TO ALL OF US. THANK YOU. >> LISA FOLLOWED BY STEW. >> HI, EVERYONE. WE STILL DON'T HAVE -- NOT ABLE TO START VIDEO. WORKING? WE STILL DON'T HAVE MEANINGFUL ACCESSIBLE RESOURCES. WE REALLY DON'T. I WOULD LIKE TO SUGGEST TO WHOEVER HAS CONSTITUENTS THAT ARE CHEERING COUNCILOR GROUT'S BILL, WHY DON'T WE IMMEDIATELY GO TO THE NEXT LOGICAL STEP IN THE CITY'S EFFORT TO PENALIZE THE HOMELESS? WHY DON'T WE PUT A CAP THOP NUMBER OF TEASPOONS OF OXYGEN THEY CAN BREATHE PERDAY. PERHAPS THAT WILL MOVE THEM TO DISAPPEAR. I DO TRUST, WITH ALL OF THIS GOING ON, THAT PEOPLE WHO ARE CHEERING FOR THESE BILLS WILL NOT BE ROMANTICIZING THE CHRIST CHILD LATER ON THIS MONTH. AS THE STORY EMPHASIZES, THE HOLY FAMILY WAS HOMELESS WITH NOWHERE TO GO. THANK YOU. >> STEVE. >> CAN YOU HEAR ME OKAY? >> WE CAN HEAR YOU. PLEASE PROCEED. >> THANK YOU. I'M A RESIDENT OF DISTRICT SEVEN UNDER COUNCILOR FIEBELKORN. OUR PARKS AND OUTDOOR SPACES ARE NOT SAFE. MY LOCAL PARK AND OTHERS ACROSS THE CITY WE EXPERIENCED OPEN DRUG USE, PUBLIC NUDITY, STABBING, SHOOTING, AND EXPLOSIVE DEVICES BEING SET OFF. ABANDONED SHOPPING CARTS AFFECT TAX VALUES. ENCAMPMENTS ARE A VITAL PUBLIC HEALTH AND SAFETY ISSUE. FIRINGS DURING THE COLD AND FLOODING IMPACT THE UP HOUSED, BUT THE DAMAGES IMPACT PARK PATRONS, RIZDANT AND THE FEES OF INSURANCE COSTS. YOU'VE HEARD OF OUTCRIES ARE GOING TO HARM THE UNHOUSED, BUT THEY DON'T. I WITH WAS UNHOUSED MYSELF. IF WE REALLY WANT TO ADDRESS THE ISSUE, WE NEED TO SEE LEGISLATION ADDRESSING THE ROOT CAUSES AND CARE OUTCOMES. THE CLOSE THE GAPS IN SERVICES THAT FAIL THE UNHOUSED AND KEEP THEM ON THE STREETS. THIS PUBLIC SAFETY BILL IS COMMON SENSE INITIATIVE THAT MANY OTHER CITIES ACROSS THE COUNTRY HAVE. IT WILL MAKE IT SAFE FOR EVERYONE TO USE AGAIN. I IMPLORE YOU TO PLEASE PASS THIS BILL. THANK YOU. >> MR. PRESIDENT, THAT CONCLUDES GENERAL PUBLIC COMMENT. >>COUN. LEWIS: COUNCILORS, WE'RE ON FINAL ACTIONS. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. O-24-52 CREATING A NEW ARTICLE IN CHAPTER 14 OF THE REVISED ORDINANCE OF ALBUQUERQUE 1994 TO BE KNOWN AS THE MANUFACTURED HOMES COMMUNITY STABILITY EMPOWERMENT ORDINANCES. THIS PROPOSES TO CREATE A NEW MANUFACTURED HOMES ORDINANCE STHAALITY ESTABLISHES THE FRAMEWORK OF MANUFACTURED COMMUNITIES TO HAVE THE OPPORTUNITY TO PURCHASE THEIR COMMUNITY FROM THEIR OWNERS WHEN THEY PLAN TO SELL, LEAVE OR TRANSFER THE PROPERTY. IT MANDATES NOTICE TO THE RESIDENTS AT THE INTENT OF SELLING THE PROPERTY. CURRENTLY, THERE'S NO SUCH MANDATE OF NOTICE. THIS WOULD ALLOW THE RESIDENTS TO ORGANIZE AND PUCHS THE LAND ON WHICH THEIR PROPERTIES OF THEIR STRUCTURES, THE MANUFACTURED HOMES, ARE ON TOP OF. THIS IS EXTREMELY IMPORTANT FOR FOLKS WHO LIVE IN MANUFACTURED HOME COMMUNITIES. ALBUQUERQUE HAS AT LEAST 48 MANUFACTURED HOME COMMUNITIES. AND EVERY CITY COUNCIL DISTRICT EXCEPT DISTRICT FIVE AND EIGHT FOR THEM IN THEIR DISTRICTS. AND WE KNOW THAT THERE ALREADY IS A TREND IN ALBUQUERQUE WHERE OUT OF STATE INVESTORS PURCHASE OUR PARKS AND DRAMATICALLY INCREASE RENT. ONE OF THEM IS ALBUQUERQUE MEADOWS. A FLORIDA-BASED COMPANY CAME IN ASK INCREASED THE LOT RENT BY NEARLY 25%. CARLISLE PLAZA, ANOTHER OUT OF STATE COMPANY CAME IN AND INCREASED RENT BY 30% IN ONE YEAR. KNOWING MOST FOLKS THAT LIVE IN MANUFACTURED HOMES ARE LOW TO MODERATE INCOME AND A LOT OF ELDERLY CITIZENS, IT IS VITAL WE PROTECT THE HOUSING, ESPECIALLY IN LIGHT OF WHAT WE HEARD TODAY ABOUT OUR HOUSING NEEDS ASSESSMENT. I URGE YOUR SUPPORT. AND AND MOVE FOR A DO PASS. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR FIEBELKORN. ANYONE SIGNED UP TO SPEAK? >> YES, MR. PRESIDENT. WE ARE RUDOLPH FOLLOWED BY MARION ON ZOOM. >>-- THIS IS VERY CRUCIAL THAT WE DO IT RIGHT NOW. IT'S NOT GOING TO STOP FOR THE PRICES TO KEEP GOING UP. THESE GUYS ARE GOING TO TRY TO GET EVERY PENNY OUT OF IT. WE NEED TO MAKE SURE WE NOT ONLY DO THIS, BUT ALSO IT'S OUR LAND FOR PEOPLE THAT HAVE MOBILE HOMES. THAT WAY WE HAVE A PLACE TO MOVE THEM. THANK YOU VERY MUCH. >> MARION FOLLOWED BY TERRY. >> SORRY. I'M NOT ON. >> WE HEAR YOU. PLEASE PROCEED. >> OKAY. ALL RIGHT. THANK YOU VERY MUCH. I WANTED TO EXPAND A LITTLE BIT ON WHAT I SAID IN THE PUBLIC COMMENT AND TALK LITTLE BIT ABOUT WHAT WE'RE DOING IN THE STATE LEVEL TO PROVIDE SUPPORT TO PEOPLE WHO ARE LIVING IN MOBILE HOMES, MANUFACTURED HOUSING PARKS, AND WAYS THAT WE SEE A PARTNERSHIP WITH THE CITY OF ALBUQUERQUE AND WITH OTHER COMMUNITIES IN THE STATE. I HAVE BEEN MEETING WITH THE NEW MEXICO WORKING FINANCE AUTHORITY. AND I'VE ALSO TALKED WITH THE NEW MEXICO FINANCE AUTHORITY. AND THEY ARE VERY, VERY INTERESTED IN PARTICIPATING AND HELPING TO FUND THESE PURCHASES OF THESE MANUFACTURED HOUSING PARKS SO THAT WE CAN MAINTAIN AND KEEP THIS IMPORTANT HOUSING. WE'RE WORKING -- I WANT TO EMPHASIZE THIS IS NOT SOME KIND OF A DEAL WHERE THOSE TENANTS PASS THE HAT AROUND TO SEE IF THEY GET MONEY TO BUY PARKS. THIS IS A COMMERCIALLY REASONABLE AND SOPHISTICATED PROCESS OF THE ROC, THE RESIDENT PROGRAM THAT I DESCRIBED EARLIER. AND THE WAY IT WORKS IS A TENANT ORGANIZATION IS FORMED AND THEN THAT ORGANIZATION BECOMES THE BORROWER AND IT WOULD COME, FOR EXAMPLE, TO THE STATE NMSA FINANCE AUTHORITY AND OTHER SOURCES HAVE THE MONEY IN ORDER TO MATCH AN OFFER OR MAKE AN OFFER IN ORDER TO PURCHASE THESE PARKS. THE TENANCY ORGANIZATION WOULD HIRE PROFESSIONAL MANAGEMENT IN ORDER TO RUN THE PARK. AND BE SURE THAT IT'S MAINTAINED, IT'S QUALITY IS MAINTAINED, AND THAT THE LOANS ARE REPAID. SO, IT'S JUST A COMMERCIAL REAL ESTATE DEAL, BUT WITHOUT KNOWING THAT THE PARK IS ABOUT TO BE SOLD THE TENANTS DON'T HAVE AN ABILITY TO START THE PROCESS TO SEE ABOUT RAISING THE MONEY. >> THANK YOU, MARION. YOUR TIME IS UP. NEXT UP IS TERRY FOLLOWED BY ROCHELLE. >> THANK YOU, COUNCIL PRESIDENT, COUNCILORS. I DON'T REALLY HAVE A LOT TO ADD TO WHAT REPRESENTATIVE MATTHEWS SAID. I WORKED FOR YEARS AT LEGAL AID AND A LOT OF MOBILE HOME PARK RESIDENTS WERE MY CLIENTS. WHAT'S NOT REALLY WELL UNDERSTOOD IS WHEN YOU OWN A MOBILE HOME AND YOUR RENT YOUR SPACE IN THE PARK, IF THE RENT GOES UP AND YOU HAVE TO MOVE, MOVING A MOBILE HOME IS NEARLY IMPOSSIBLE. WHEN YOU HAVE SO MANY CITIZENS THAT OWN THEIR MOBILE HOMES, THERE'S NO WAY TO MOVE THEM. THIS IS A GOOD COMPROMISE POSITION WHICH ALLOWS THEM TO BECOME PURCHASERS. MY ONLY OBSERVATION IS THAT THE 15-DAY NOTICE PERIOD SEEMS AWFULLY SHORT TO NOTIFY THE PARK RESIDENTS THAT THE OWNER IS THINKING OF SELLING. THANK YOU VERY MUCH. VOTE YES ON THIS, OR VOTE YES ON SOMETHING THAT ALLOWS MORE NOTICE TIME TO THE RESIDENTS. THANK YOU. >> THANK YOU, TERRY. UP NEXT WE HAVE ROCHELLE. >> AM I ON? >> YES, YOU ARE. HELLO. >> OKAY. GOOD EVENING, CITY COUNCIL MEMBERS. I REPRESENT THE RESIDENTS OF ALBUQUERQUE MEADOWS. A 55-PLUS MANUFACTURED HOME COMMUNITY HERE IN ALBUQUERQUE. I'M HERE IN SUPPORT OF BILL NUMBER 02452. IN 2021, OUR COMMUNITY WAS PURCHASED BY A MULTI-TIERED CORPORATION DOING BUSINESS AS LEGACY COMMUNITY LLC. THEY RAISED OUR RENT ALMOST IMMEDIATELY AND HAVE CONTINUED TO DO SO EVERY YEAR. SOME RESIDENTS HAVE SUFFERED RENT INCREASES MORE THAN ONCE A YEAR. THE PERCENTAGE OF THE RAISES ARE HIGHER IN EVERY CASE THAN THE ANNUAL COST OF LIVING ADJUSTMENT THAT WE RECEIVE FROM SOCIAL SECURITY. LEGACY IS METHODICLY PRICED US OUT OF OUR HOMES AND THE COMMUNITIES WE LOVE. THE SENSE OF COMMUNITY AND THINGS TO DO TO STAY ACTIVE ARE INVALUABLE TO SENIORS AND THEIR HEALTH. MANY RESIDENTS ARE HAVING TO MOVE IN WITH THEIR KIDS OR COMPLETELY OUT OF STATE AT 70, 80, 90 YEARS OLD. MANY MORE OF OUR RESIDENTS SIMPLY HAVE NOWHERE TO GO. IF LEGACY SELLS OUR PARK TO A DEVELOPER, WHERE ARE APPROXIMATELY 600 PEOPLE TO GO? IF THAT HAPPENS, ALBUQUERQUE'S HOMELESS POPULATION -- CAN YOU IMAGINE AN 80-YEAR-OLD COUPLE LIVING UNDER AN OVERPASS AND PUBLIC OUTCRY WOULD BE DEAFENING. THE PROPOSED ORDINANCE BEFORE YOU TONIGHT WOULD NOT HARM ANYONE. THE BUYER GETS ASKING PRICE, THE RESIDENTS DON'T LOSE THEIR HOMES, AND THE CITY DOESN'T LOSE ONE OF THE VERY FEW AFFORDABLE HOUSING PROPERTIES LEFT. >> THANK YOU. MR. PRESIDENT, THAT CONCLUDES COMMENT. >>COUN. LEWIS: OKAY. WE'LL GO TO COUNCILOR ROGERS. OR DISCUSSION OR QUESTIONS? >>COUN. ROGERS: I'LL STAND FOR QUESTIONS BEFORE I MOVE AN AMENDMENT. >>COUN. LEWIS: OKAY. DISCUSSION? COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. JUST A FEW QUESTIONS. TALKING AND READING THIS AND ASKING QUESTIONS BEFORE THE MEETING, I WANT TO SAY THAT I AGREE WITH THE THOUGHT OF THIS. AND WHAT IT DOES. ONE OF THE QUESTIONS I POSED TO UNDERSTAND THIS A LITTLE MORE WAS ALL THE WONDERFUL THINGS THAT THE OUTREACH PROGRAMS THAT ARE WRITTEN IN THIS, WHY AREN'T WE DOING IT NOW? WHY AREN'T WE GOING OUT TO THE MOBILE HOME PARKS AND BECAUSE IT'S BEING INTRODUCED HERE AND MANDATED THAT THE CITY GOES OUT AND SAYS WE'LL HELP YOU FORM AN HOA OR ROC AT THE TIME OF THE SALE. WHY AREN'T WE DOING THAT ALREADY? THIS SHOULD BE GOING ON RIGHT NOW AND HELP THEM ORGANIZE AND GET READY. JUST LIKE IT WAS SAID TO ME AN EXAMPLE OF IF I'M THE MOBILE HOME PARK OWNER, AND I GET APPROACHED BY AN INVESTOR TO SAY I KNOW YOU'RE NOT SELLING BUT WOULD YOU CONSIDER IT FOR THIS AMOUNT, THERE'S NO REASON WHY THE OWNER SHOULDN'T ORGANIZE AND DO THE SAME THING. IT SHOULD BE AN OUTREACH PROGRAM TO START EDUCATING PEOPLE AND SHOWING IT. ORGANIZE NOW AND HAVE THE CITY STREAMLINE LIKE THEY WOULD DO AS IT'S BEING PROPOSED HERE. THE HICCUPS I HAVE AND THE QUESTION, PROBABLY MY FIRST QUESTION, WOULD BE ULTIMATELY YOU WANT SOMETHING TO BE FAIR ACROSS THE BOARD. IF YOU LOOK AT A PROCESS, I WANT TO MAKE SURE IT'S NOT HOLDING ANY BIAS ONE WAY THE OTHER. IS IT FAIR FOR THE PROPERTY SELLER AND FOR THE PROPERTY BUYER? I DID THIS AS A REALTOR. YOU WANT A FAIR PROCESS ACROSS THE BOARD. WITH THAT BEING SAID, WE TALKED ABOUT HOW THE ONE PARK IN PARTICULAR, BECAUSE WE'VE TALKED ABOUT IT AND THE COMMENT PERSON SAID THE 55-PLUS COMMUNITY, AND THEY'RE VULNERABLE. I'D LOVE TO SEE THAT WE GO OUT AND EDUCATE AND ORGANIZE BEFORE IT COMES UP FOR THIS CHANCE OF BEING FOR SALE. AND THOSE OWNERS GET THE OPPORTUNITY TO SAY WE WANT TO BUY THIS. WITH THAT BEING SAID, MY FIRST REAL QUESTION IS HOW DOES THIS AFFECT OR PROTECT THE SELLER OF THE PROPERTY COMPARED TO THE HOMEOWNERS? THAT WOULD BE TOWARD YOU, COUNCILOR ROGERS, AS THE SPONSOR. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. THANK YOU, COUNCILOR CHAMPINE, FOR THAT QUESTION. I THINK TO YOUR FIRST POINT, WHY ARE WE NOT DOING THIS NOW, I WROTE THAT AS YOUR FIRST QUESTION. WE DIDN'T HAVE AN OFFICE OF FINANCIAL EMPOWERMENT PREVIOUS TO THIS. THE ADMINISTRATION ORIGINALLY WANTED TO PUT IT ON BANK ON BURQUE. I DIDN'T THINK THAT WAS APPROPRIATE. BECAUSE THAT PROGRAM HELPS PEOPLE GET ADEQUATELY BANKED. IT DOESN'T ACTUALLY HELP THE COMMUNITY TO CONNECT TO THE MFA, TO CONNECT TO THE HOUSING AUTHORITY, TO CONNECT TO HOME PLACES THAT HELP THROUGH THE PROCESS. NUMBER TWO, WHAT I LEARNED IN MY EXPERIENCE IS UNFORTUNATELY WE HAVE TO MANDATE THE RIGHT THING TO BE DONE BECAUSE IT'S NOT DONE. SADLY, YOU'RE RIGHT, WE SHOULD ALREADY BE DOING THIS. I'M GLAD YOU'RE IN SUPPORT OF THE FACT THAT WE SHOULD BE DOING THIS. WHICH IS EXACTLY WHY I'M SPONSORING THIS. HOW DOES THIS PROTECT THE SELLER? WE SPENT A LOT OF TIME TALKING TO REAL ESTATE PROFESSIONALS. THEY DID ASK US TO SHORTEN THE TIMELINE BECAUSE THEY'RE WORRIED ABOUT THAT. AGAIN, NONE OF THE TIMELINE STARTS UNTIL THEY WANT TO SELL IT. AND THERE'S NO TIMELINE THAT STARTS UNTIL THERE'S AN OFFER MADE BY THE RESIDENTS OR OTHER OFFERS. IT CAN STAY ON THE MARKET FOR 190 DAYS DEPENDING ON THE OFFERS. ALL THIS IS DOING IS GIVING FOLKS A CHANCE. WE ALSO SWITCHED BACK BECAUSE COMMERCIAL REALTOR FEEDBACK. WE PUT EXEMPTIONS WE HEARD FROM THE REAL ESTATE COMMUNITY ABOUT BUSINESS PARTNERS, FAMILY MEMBERS, THINGS LIKE THAT. WE TRIED TO HEAR FROM THE SELLER'S PERSPECTIVE WHAT WAS IMPORTANT TO THEM AND WE EDITED QUITE A BIT BASED ON FEEDBACK. >>COUN. CHAMPINE: THANK YOU, COUNCILOR ROGERS. NOT WITH THAT BEING SAID, BASED ON WHAT I'M READING IN THE ORDINANCE, I'LL GO AHEAD AND MAKE A MOTION TO DO A FLOOR AMENDMENT THAT WAS WRITTEN UP. I MAKE A MOTION FOR FLOOR AMENDMENT NUMBER ONE. I DON'T HAVE IT UP THERE. IF THIS IS GOING TO GO THROUGH, AND I DON'T THINK IT -- I DON'T LIKE THE FACT THAT THERE'S LACK OF EDUCATION. THERE'S SO MANY OUTREACH PROGRAMS AND SO MANY THINGS YET WE DON'T DO THIS. PLEASE, I CAN'T EMPHASIZE ENOUGH THAT I AGREE WITH THAT PART. IT SHOULD BE DONE ALREADY. THE AMENDMENT NUMBER ONE BASICALLY STRIKING 14-26-53B. THE PRICE THE TERMS, CONDITIONS OF ANY OFFER, THE PROPERTY HAS CONDITIONALLY ACCEPTED OR PLANS TO ACCEPT CONCERNING THE COMMUNITY OR COPY OF SUCH OFFER IN CONTRACT NEEDS TO BE GIVEN IN THE PURCHASE OF SALE MANUFACTURED HOME COMMUNITY OR MANUFACTURED HOME COMMUNITY AND ONE OTHER OF NON-RELATED PROPERTY IN A SINGLE TRANSACTION. NOTICE OF THE PRICE TO THE MANUFACTURING COMMUNITY. THAT'S PART THREE. BASICALLY, IT GOES -- RESIDENTIAL PURPOSE, WHEN YOU GET SEVERAL OFFERS THE PEOPLE WHO ARE BUYING DON'T GET TO SEE THOSE OFFERS. YOU'RE UNFAIRLY GIVING THE DETAILS OF PEOPLE'S OFFICE. WE TALKED ABOUT THIS IN THE RFP. THEY GET TO SEE THIS AND ACCOMMODATE AND ADDRESS THE ISSUES. WHEN YOU PURCHASES YOUR HOME YOU PUT IN THE BEST OFFER. YOU HIRE A RELTOR TO LOOK AT COMPS IN THE AREA, AND IN THIS CASE WHAT A CAP WOULD BE ON A RESIDENTIAL MOBILE HOME PARK AND A CAP ON WHAT THE RETURN VALUE FOR INVESTMENT IS. YOU HIRE THAT PERSON TO DO THAT AND YOU MAKE YOUR OFFER. THE FACT THAT B3 GIVES THAT UP. AND GIVES THAT INFORMATION OUT. WE DON'T DO IT IN OTHER COMMERCIAL PROPERTIES. SECOND WOULD BE 14-26-7 -- I'LL SHUFFLE ON TO THERE. I APOLOGIZE FOR THIS. DUTY AND CONSIDERATION TO RESIDENT OWNER. IF A RESIDENT OWNER GROUP OR SIGNEE OR AGENT DELIVERERS A PROPOSED AGREEMENT IN WRITING TO THE MANUFACTURED HOME PROPERTY OWNER, IT SHALL CONSIDER THE GROUP'S PROPOSAL PURCHASE AGREEMENT AND NEGOTIATE WITH THE GROUP IN GOOD FAITH TO DETERMINE WHETHER THE MUTUAL AGREEMENT CAN BE REACHED TO ENABLE THE GROUP TO PURCHASE THE COMMUNITY AND DUTY IN GOOD FAITH IS THE SAME INFORMATION AVAILABLE TO THE SAME RESIDENT HOMEOWNER GROUP AND THE THEY WOULD PROVIDE TO AUTHORITY PROSPECT PUCH -- THE PROPERTY OWNER MUST PROVIDE A GOOD-FAITH REASON IN WRITE TO THE GROUP WITHIN THREE DAYS. IF I DECIDE TO GO AS A PRIVATE PROPERTY OWNER WITH A DIFFERENT DEAL, THEN YOU HAVE THE EXACT CONTRACT OF WHAT'S BEING OFFERED, THEN I HAVE TO IN WRITING TELL YOU WHY I'M NOT GOING TO CHOOSE YOU. BECAUSE IT'S APPLES FOR APPLES. THAT SETS UP AN OWNER FOR RIDICULE. AND IN WRITING IT CAN SAY IT'S A 55-OVER COMMUNITY AND YOU DID IT BASED ON AGEISM. IT OPENS UP FOR LEGALITY. 14-26-11D. ACTUALLY, I'LL GO TO 14-26-9. FINANCING AND CLOSING. THE PROPERTY OWNER SHALL NOT REJECT PROPOSED AGREEMENT SOLELY BASED ON INCLUSION OF FINANCING CONTINGENCY. IF A RESIDENCY HOMEOWNER GROUP ENTERS INTO A PURCHASE AGREEMENT FOR A COMMUNITY, RESIDENT HOME OTHER THAN SHALL HAVE 45 CALENDAR DAYS FROM THE DATE OF THE AGREEMENT TO ARRANGE ALL NECESSARY FINANCING IN A COMMERCIALLY REASONABLE TIME TO CLOSE ON A SALE. IF A GROUP FAILS TO ARRANGE FOR A FINANCING DURING 45 DAYS OR SUCH LONGER PERIOD AS THE PARTIES AGREED TO OR FAILED TO CLOSE ON THE SALE WITH THE EXECUTED PROPERTIES, THE PROPERTY HAS NO FURTHER DUTY UNDER THE RESPECT FOR THE PROPOSAL SALE. NO PROPERTY OWNER SHALL UNREASONABLY DELAY THE EXCLUSION OF THIS OR CLOSING A PURCHASE AGREEMENT WITH THE RESIDENTIAL OWNER GROUP. I WANT TO MAKE SURE I READ THAT CORRECTLY. SO, IF IT GOES IN FRONT OF THE HOMEOWNER GROUP AND THEY CAN'T DO FINANCING IT, IT DIES. BUT THE BIGGEST THING I'M WORRIED ABOUT IS NO HOMEOWNER SHALL BE UNREASONABLY DELAYED. UNREASONABLY IS LEFT FOR INTERPRETATION. MY REASONABLY IS DIFFERENT FROM THEIR UNREASONABLY. YOU'RE LEAVING THE HOME OWNER, EXPOSING THE HOMEOWNER TO A POSSIBLE LAWSUIT BY THE DEFNITION OF UNREASONABLE. 14-26-9 -- I'M SORRY 11D. IT BASICALLY STATES MANUFACTURED HOME PROPERTY OWNER SHALL NOT ACCEPT OR CONDITIONALLY ACCEPT AN OFFER FOR THE SALE, LEASE OR TRANSFER OF THE COMMUNITY UNLESS IT'S PRICE TERMS AND CONDITIONS ARE UNIVERSAL AND ACCEPTABLE TO ALL POTENTIAL BUYERS. NOR SHALL SUCH OWNER ACCEPT ANY OFFER -- OR ENTERING INTO A PURCHASING AGREEMENT. YOU'RE EXPOSING ALL THE DETAILS TO IT. AGAIN, JUST AS RESIDENTIAL PROPERTY AND ANY OTHER COMMERCIAL OR BUSINESS WERE OPENING AND SAYING HERE ARE ALL THE DETAILS, CHOOSE ONE, AND IF YOU DON'T CHOOSE THE MOBILE HOMEOWNERS IT OPENS YOU UP FOR LEGALITY. I MOVE A DO PASS FOR AMENDMENT NUMBER ONE. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR GROUT. THIS IS AMENDMENT NUMBER ONE. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I'M TRYING TO GO THROUGH THIS REALLY QUICKLY. I THINK THE ONLY OPTION IS TO LEAVE THE PRICE. IF THE TERMS AND CONDITIONS ARE THE STICKLER. I KNOW FROM TALKING TO REAL ESTATE PROFESSIONALS THAT THE RELTORS SHOW THE SELLER ALL OF THE OFFERS, HOW MUCH THEY'RE OFFERING AND THE SOURCE OF INCOME. IS IT FIRST TIME HOME BUYERS, OR THE FINANCE OPTION. THAT'S STANDARD PRACTICE THAT I HAVE SOURCE OF INCOME BEING PROVIDED TO THAT. WE'RE NOT DISCUSSING THAT TODAY. ALL THIS DOES IS SO -- I WOULD HAVE TO ARGUE THAT WE LEAVE PRICE IN THERE, BECAUSE IN ORDER TO GIVE A COMPARABLE OFFER, WHICH I HEARD STRONGLY FROM OWNERS WAS THAT THEY DON'T WANT TO HAVE TO TAKE A LOWER PRICE FROM A RESIDENT OWNER GROUP, IT NEEDED TO BE A COMPARABLE OFFER. >>COUN. CHAMPINE: I WOULD COUNTER THAT, THANK YOU, MR. PRESIDENT. I WOULD COUNTER WITH THAT AS PART OF YOUR OFFER. YOU DO DILIGENCE. WHEN I DID SIMPLE MATH, I PULLED UP A TRAILER PARK MOBILE HOME PARK THAT IS FOR SALE IN THE SOUTH VALLEY FOR $2.4 MILLION. IT SHOWS THE PRICE. IF I WANT TO PURCHASE IT, IT SHOWS THE TEN CAP ON IT KNOWING YOU GET A 10% RETURN ON INVESTMENT. MLS GAVE THAT INFORMATION AND TELLS YOU THEIR ASKING PRICE, AS IT WOULD WITH THE RESIDENTIAL. YOU HAVE THAT INFORMATION. >>COUN. ROGERS: MR. PRESIDENT, TO YOUR POINT, THE -- THAT'S NOT ALWAYS STANDARD PRACTICE. I THINK IN ORDER FOR YOU -- YOU GAVE THE EXAMPLE AS AN INVESTOR GOES TO BUY A PROPERTY THAT'S NOT LISTED, IN THAT CASE THERE'S NO PRICE FOR RESIDENT OWNER TO LOOK AT. IF IT'S NOT ACTUALLY BEING LISTED. SO IF IT'S STANDARD PRACTICE ALREADY, WHY REMOVE THE PRICE? >>COUN. CHAMPINE: I WOULD ARGUE IT'S NOT STANDARD PRACTICE. THAT'S WHAT THEY PUT ON MLS. IF YOU OFFER SOMETHING THAT'S $2.4 MILLION YOU LOOK FOR COMPARABLE. I KNOW IT'S NOT FOR SALE, BUT THERE'S TWO IN THE AREA THAT ARE 2.4. HERE'S WHAT I OFFICER, OR WHAT YOU ASK ON A PRICE. WE DON'T DO THIS ON A RESIDENTIAL PURCHASE. >>COUN. ROGERS: CORRECT. THEY'RE MOBILE HOME PARKS. THESE ARE CONSIDERED COMMERCIAL SALES NOT RESIDENTIAL SALES. PER THE INDUSTRY. MR. PRESIDENT, I'D LIKE TO TALK ABOUT THE LEGALITIES THAT COUNCILOR CHAMPINE BROUGHT UP. SPECIFICALLY, IN YOUR OPINION, WE TALKED A LOT ABOUT THE LEGALITIES OF THIS AND AMENDED SOME THINGS BASED ON THAT. WHAT IS YOUR LEGAL OPINION OF THE LEGALITY OF WHAT WE HAVE? >> COUNCILOR LEWIS, COUNCILOR ROGERS, WE DID DISCUSS THE TIME FRAME, MR. MORROW AND I TALKED ABOUT THE TIME FRAME. AND WE AMENDED THOSE. I DIDN'T QUITE HEAR COUNCILOR CHAMPINE, MORE JUST GENERAL ISSUES. >>COUN. CHAMPINE: -- OFFERS ARE EXACT AS FAR AS COST AND CONDITION. INSELLER WOULD HAVE TO GIVE IN WRITING WHY THEY DIDN'T CHOOSE THE COMMUNITY. THAT OPENS UP AN EXAMPLE OF THEM OPENING THE IDEA TO A LAWSUIT IN THE SENSE THAT YOU DIDN'T CHOOSE US. IF THE DEALS ARE THE SAME THE ONLY DIFFERENCE IS WE'RE AN ININVESTORER AND THEY'RE A 55-ABOVE COMMUNITY. >> COUNCILOR CHAMPINE, I AGREE. THERE'S CONCERNS THERE COULD BE ISSUES RAISED ABOUT A STATEMENT, WHEN YOU REQUIRE A STATEMENT THERE COULD BE CHALLENGES BASED ON THAT STATEMENT. IN THE LEGAL COMMUNITY WE DEBATE THESE ISSUES ALL THE TIME AND GET CHALLENGED ALL THE TIME. I DON'T RECALL WHETHER THERE'S A PRIVATE RIGHT OF ACTION IN THIS ORDINANCE. IT STILL COULD BE THE SUBJECT OF LITIGATION GIVEN PARTICULARLY IF SOMEONE WANTED. I THINK THE MORE PRESSING CONCERN IS IF SOMEONE WANTED TO CHALLENGE AND GIVEN THE REASON FOR REJECTION. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I WOULD BE OPEN TO TAKING OUT THE REASON, IF THAT'S THE STICKING POINT. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. THE UNREASONABLE, I DON'T KNOW HOW YOU CHANGE THE WORDING. AND AS FAR AS THE WRITTEN REASON WHY. WHICH ONE ARE YOU ADDRESSING NINE OR SERVEN? >> OF THE WRITTEN REASON WHY. >>COUN. CHAMPINE: THAT WOULD BE SEVEN. YOU HAVE TO REMOVE THE WRITTEN PART. THAT WOULD BASICALLY BE, THE LAST SENTENCE I WOULD ASSUME. MANUFACTURED HOME PROPERTY REJECTS THE RESIDENT HOMEOWNER AGREEMENT, THE PROPERTY OWNER MUST PROVIDE IN WRITING TO THE GROUP WITHIN THREE DAYS OF THE DATE OF REJECTION. IS THAT WHAT YOU'RE LOOKING TO REMOVE? >>COUN. ROGERS: CORRECT. I'M OPEN TO THAT. MR. PRESIDENT, THIS IS ALREADY BEING DONE IN SEVERAL STATES. WE LOOKED AT SOME OF THESE IN COLORADO CONNECTICUT DELAWARE MASSACHUSETTS, NEW JERSEY, RHODE ISLAND. I DID A SEARCH TO SEE IF THERE'S LAWSUITS AROUND THIS AND THERE IS NOT. THERE'S ALREADY A PRECEDENCE IN OUR COUNTRY. >>COUN. CHAMPINE: CAN WE MAKE THAT ADJUSTMENT TO NUMBER SEVEN? STRIKING THE ENTIRE CLAUSE AND REMOVING THE LAST SENTENCE. >> MR. PRESIDENT, COUNCILOR CHAMPINE YES. I BELIEVE WE CAN MAKE THAT CHANGE. JUST WITHDRAW THE ENTIRE LAST SENTENCE IF THAT'S THE CHANGE YOU WANT TO MAKE IT TO THE AMENDMENT. >>COUN. LEWIS: COUNCILOR CHAMPINE, ARE YOU MOVING CHANGES TO THE AMENDMENT? >>COUN. CHAMPINE: I MOVE THAT ONE SPECIFIC CHANGE WE AGREED UPON. WITH THE ADJUSTMENT OF 14-26. >>COUN. ROGERS: MR. PRESIDENT, I WOULD LIKE TO KEEP THE PRICE IN THERE. >>COUN. LEWIS: ALL THESE HAVE TO HAPPEN THROUGH MOTIONS. COUNCILOR CHAMPINE MADE THAT CHANGE. LET'S CLARIFY THAT CHANGE. AND THAT AMENDMENT IS WHAT'S BEEN MOVED AND ON THE TABLE. STRIVE TO CLARIFY THE CHANGE. LET'S DO THIS FIRST. SO WE CAN BE CLEAR ON WHAT THIS IS. >> MR. PRESIDENT, COUNCILORS, THE CHANGE THAT WE DISCUSSED THAT COUNCILOR CHAMPINE SHARED WOULD BE ON PAGE FIVE LINE THREE AMEND SECTION 14-26/7 TO DELETE THE FINAL SENTENCE WHICH WAS ON LINE 13 AND ENDS ON LINE 16. >> CAN THEY READ THE AMENDMENT AGAIN? I DON'T HAVE IT IN THE iPADS. >>-- THE AMENDMENT AS IT WAS INTRODUCED BY COUNCILOR CHAMPINE, IT SHOULD BE ON YOUR iPADS. I'M DOING THIS ON THE FLY ON MY COMPUTER TO REFLECT THE CHANGES WE'RE DOING RIGHT NOW. SO IT'S NOT ON THE SCREEN. >>COUN. LEWIS: THIS AMENDMENT THAT'S ON THE SCREEN IS ON YOUR iPAD BUT IT'S REFERRING TO SECTIONS WE'RE STRIKING. YOU HAVE TO LOOK AT BOTH DOCUMENTS TO SEE THIS. THAT'S THE AMENDMENT THAT COUNCILOR CHAMPINE IS MAKING. THAT'S ON THE TABLE RIGHT NOW. ANY OTHER DISCUSSION? COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. I BELIEVE THAT THE PRICE IS THERE WHEN IT COMES TO THE NEGOTIATING PART. I DON'T THINK IT NEEDS TO BE FORCED ON THEM. I WOULDN'T AGREE TO KEEPING THE PRICE. AS FAR AS THE FIRST AMENDMENT, I'M GOOD. AGAIN, I WANT THIS PROCESS TO BE FAIR FOR BOTH PARTIES NOT JUST ONE OR THE OTHER. I JUST APPRECIATE YOUR SUPPORT ON THE AMENDMENT. >>COUN. LEWIS: ALL RIGHT. OTHER DISCUSSION? WE'LL CLOSE THE DISCUSSION. AMENDMENT NUMBER ONE TO O-52. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON A 7-2 VOTE. >>COUN. LEWIS: WE'RE BACK ON THE BILL. ANY DISCUSSION ON THE BILL? >>COUN. SANCHEZ: I JUST HAD A QUESTION. I KNOW WE'RE DEALING WITH THIS. I'M LOOKING AT THE INDIVIDUALS WHO ARE GOING TO BE INVOLVED IN THIS ORGANIZATION. I DON'T KNOW IF IT SPELLS IT ALL OUT IN REFERENCE TO THE PROCESS. HOW DO WE ENSURE THE PEOPLE INVOLVED IN THIS ORGANIZATION HAVE THE FUNDS OR CAN QUALIFY? HOW DO THEY GET VETTED? >>COUN. ROGERS: MR. PRESIDENT, I'M HAPPY TO ANSWER THAT. THANK YOU FOR THE QUESTION, COUNCILOR SANCHEZ. IN SPEAKING WITH MFA AND GROUPS LIKE HOME WISE, THEY HAVE OPTIONS FOR THEM TO BE THE PURCHASER OR OPTIONS FOR THE COMMUNITY TO BE THE PURCHASER. THIS ALLOW FOR THE FLEXIBILITY FOR THE RESIDENTS THAT DON'T HAVE THE TECHNICAL ASSISTANCE FOR THIS. THAT'S WHY THAT PIECE IS CRITICAL TO THIS LEGISLATION BECAUSE THEY WOULD BE THE ONES PURCHASING IT. >>COUN. SANCHEZ: SO, IS AN ORGANIZATION PURCHASE THE UNIT OR THE INDIVIDUALS? >>COUN. ROGERS: IT ALLOWS THE FLEXIBILITY FOR THE RESIDENTS TO ORGANIZE BOTH WAYS. THEM ORGANIZE AND START A RESIDENT OWNED COMMUNITY OR AN HOA, TO GET THE FINANCING TO PURCHASE IT OR TO WORK WITH MFA, HOME WISE, OR THE CDFI COULD PURCHASE IT AND THEY RENT FROM THAT ENTITY. >>COUN. SANCHEZ: I'M THINKING, JUST LIKE COUNCILOR CHAMPINE SAID, THIS SHOULD BE AN EASY THING TO BE HAPPENING ON ITS OWN. BUT THERE'S ALSO A REASON WHY THESE INDIVIDUALS ARE HAVING TO JOIN AN ORGANIZATION. IF THEY'RE JOINING AN ORGANIZATION WHO IS REALLY TO BENEFIT? IT'S THE ORGANIZATION. IT COULD BE AN UNINTENDED CONSEQUENCE IN REFERENCE TO WHETHER THAT INDIVIDUAL COULD QUALIFY OR NOT. WHEN YOU DEAL WITH THIS, YOU HAVE THE INDIVIDUALS WHO YOU'RE SELLING THE PROPERTY, THE ACTUALLY PROPERTY, BUT YOU ALSO HAVE INDIVIDUAL MOBILE HOMES THAT ARE SITTING ON THAT PROPERTY WITH VARIOUS STATE OF REPAIR, SOME ARE MORE VALUABLE THAN OTHERS, SOME ARE VERY OLD, VERY NEW. HOW DO YOU DETERMINE WHO AND -- I DON'T UNDERSTAND HOW YOU DETERMINE VALUE OF WHAT THAT PROPERTY IS WORTH BASED ON WHETHER YOU OWN THAT MOBILE HOME OR WHETHER YOU OWN -- OR WHETHER THE COMPANY OWNS THE PROPERTY. ARE YOU PURCHASING THE PROPERTY, ARE YOU PURCHASING THE MOBILE HOME. THERE'S A LOT OF UNINTENDED CONSEQUENCES WE HAVEN'T VETTED OUT IN REFERENCE TO THIS. HOW DO YOU DETERMINE WHO IS BENEFITING? >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I THINK THE POINT IS THAT RIGHT NOW THE RESIDENTS HAVE NO OPPORTUNITY TO ORGANIZE AT ALL. SO, I'M GLAD THAT YOU'RE IN SUPPORT OF THINKING WE SHOULD ALREADY BE DOING THIS, BUT SADLY WE NEED THIS LEGISLATION IN ORDER FOR THAT TO HAPPEN. IN OTHER WORDS, THE COMMUNITY GETS TO BENEFIT AND ORGANIZE WHAT'S BEST FOR THEM. THIS ALREADY WORKS THAT WAY WHEN YOU OWN THE MOBILE HOME AND YOU LEASE THE LAND THE MOBILE HOME IS ON. THIS IS NO DIFFERENT FROM REAL ESTATE PRACTICE LIKE RENT TO OWN AND LOTS OF DIFFERENT OPPORTUNITY FOR THE COMMUNITY TO DECIDE THEMSELVES WHAT'S THE BEST OPTION FOR THEM. THIS JUST GIVES THEM THE FLEXIBILITY. >>COUN. SANCHEZ: EVERYTHING YOU JUST EXPLAINED MEANS THAT THERE'S SOMEBODY WHO IS THE HEAD OF IT, SOMEBODY THAT'S GOING TO RECEIVE THE BENEFITS. THAT IS WHERE WE'RE RUNNING INTO THE PROBLEM. SOMEONE IS ACTUALLY GOING TO RECEIVE A BENEFIT. WHOEVER RUNS IT, WHOEVER OWNS IT, WHOEVER HAS THE MOST AMOUNT OF MONEY OR INTEREST INTO IT, WHOEVER RUNS THE ORGANIZATION OR WHO IS THE CHAIR, THESE ARE THE PEOPLE THAT ARE GOING TO RUN IT AND CONTROL IT AND GET THE GREATEST BENEFIT. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I THINK THAT'S THE POINT OF THIS. IT GIVES PEOPLE THE POWER TO ORGANIZE AND TO CHOOSE THE BEST OPTION FOR THEIR COMMUNITY. RIGHT NOW, THEY DON'T HAVE THAT OPTION. I THINK I HEARD YOU SAY YOU THINK WE SHOULD ALREADY BE DOING THIS, SO I WOULD ASK FOR YOU TO VOTE YES FOR THIS. >>COUN. SANCHEZ: IT SHOULD BE HAPPENING -- >>COUN. LEWIS: COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. I HAVE A QUESTION FOR CITY LEGAL. THIS IS JUST FROM EXPERIENCE WHEN I WAS PRESIDENT OF AN HOA FOR SEVERAL YEARS. I UNDERSTAND THAT IN THE CONDOMINIUM, THE OWNER OWNED THE CONDO AND THE GROUP OR ALL THE OWNERS OWNED THE LAND. IN MY ESTIMATE IT WAS 1/64. WHEN AN ISSUE AROSE WITH A BUSTED PIPE WE HAD TO DO SPECIAL ASSESSMENTS. AND IMPOSE SPECIAL INVESTMENTS ON THE OWNERS, GAS LEAK, USUALLY WATER. IF THE CITY IS GOING OUT AND IN THIS DIRECTIVE TO EDUCATE THESE PEOPLE AND GUIDE THEM, ARE WE LEAVING OURSELVES OPEN TO WE DON'T COVER ALL THOSE AND EDUCATING IN A SENSE OF MAKING SURE THEY HAVE RESERVES, MAKING SURE THEY HAVE A BOARD, MAKING SURE THEY'RE ORGANIZED PROPERLY AND AGAIN HAVE RESERVES AND SHOWING THAT THEY'RE DOING THEIR DUE DILIGENCE, AND THEIR DUTY? >> I DON'T THINK SO. I DON'T THINK THERE WOULD BE ANY WAIVER OF IMMUNITY. I DON'T THINK THERE WOULD BE THEORY OF LIABILITY THAT WOULD MAKE THE CITY LIABLE FOR THAT. >>COUN. CHAMPINE: THANK YOU. MR. PRESIDENT, I'M JUST WORRIED THAT IF WE TEACH THESE PEOPLE AND EDUCATE THEM AND THEY DON'T TAKE THE ADVICE AND A WATER MAIN BREAKS THEY COME BACK AND SAY YOU DIDN'T TELL US TO HAVE X AMOUNT OF MONEY IN RESERVE TO COVER ISSUES. YOU DIDN'T TELL US THIS, ITS YOUR FAULT. >> I CAN SEE THAT ARGUMENT BEING MADE. >>COUN. CHAMPINE: OKAY. >>COUN. LEWIS: COUNCILORS, I'M GOING TO MOVE THAT WE SUSPENED THE RULES AND EXTEND THE MEETING UNTIL 11:30. >>COUN. SANCHEZ: SECOND. >>COUN. LEWIS: MOVED, AND SECONDED BY COUNCILOR SANCHEZ. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON A 7-2 VOTE. >>COUN. LEWIS: WE'RE BACK ON O-52. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. JUST A COUPLE QUESTIONS BECAUSE I'M A LITTLE CONFUSED. IF THEY CANNOT QUALIFY THROUGH MSA OR SOME OTHER ENTITY, MY UNDERSTANDING IS THERE'S NO HARM, NO FOUL. BECAUSE THEY DON'T QUALIFY, SO THE ORIGINAL OFFER IS TAKEN, BUT IS THAT TRUE? IT SOUNDS LIKE WE THINK WE ARE PUTTING PEOPLE AT RISK OF LOSING OUT ON AN OFFER BECAUSE THESE FOLKS WANT TO MAKE AN OFFER AND THEY CAN'T AFFORD IT. THAT'S NOT THE CASE AT ALL. THE WAY I UNDERSTAND IT. I'M WONDERING IF SOMEBODY COULD EXPLAIN THAT. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. THAT IS CORRECT. THAT'S WHY WE HAVE THE PERIOD OF IF THEY DON'T GET THE FINANCING, WE HAVE THAT IN THE BILL THAT THEN THE OWNERS ARE ABLE TO MOVE FORWARD ON ANY OTHER OFFER. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THE QUESTION WAS ASKED ABOUT HOW WE VALUE THE PROPERTY THAT THE MOBILE HOMES ARE ON, AND I KNOW WE TOOK OUT THE REFERENCE TO MAKING AN OFFER THAN THAT AMOUNT IS THE VALUE OF THE PROPERTY AND THAT IS GIVEN TO THE GROUP. NOW, I ASSUME IT'S JUST WHATEVER THEY'RE WILLING TO PAY IS THE VALUE FOR THE PROPERTY. THAT'S HOW REGULAR REAL ESTATE TRANSACTIONS WORK, IS THERE ANYTHING DIFFERENT ABOUT THIS ONE? >>COUN. ROGERS: MR. PRESIDENT, NO, THERE'S NOT. THE RESIDENT OWNER GROUP OR ROC WOULD STILL NEED A REALTOR TO HELP THEM THROUGH ALL OF THOSE QUESTIONS. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. LAST ONE IS THE CITY LIABLE? I DO TAKE A LITTLE OFFENSE TO THE PREMISE THAT SOMEHOW THESE FOLKS NEED TO BE EDUCATED MORE THAN ANYONE ELSE ABOUT PURCHASING A HOME. I HAD TO PURCHASE A HOME AND I WAS EDUCATED ON IT. I DID NOT LISTEN TO EVERYTHING THE PERSON WHO TAUGHT ME MY CLASS, I DIDN'T HAVE LIABILITY FOR ANYONE. I'M STILL THE PERSON THAT BOUGHT THE HOME. THESE FOLKS WOULD BE BUYING THE PROPERTY AND THEY WILL BE SIGNING THE PAPERWORK. AM I MISSING SOMETHING ABOUT LIABILITY THAT IS NEW OR DIFFERENT WITH THIS OWNERSHIP STRUCTURE THAN OTHER STRUCTURES? >> COUNCILOR FIEBELKORN, NO. IN A RECENT CIRCUMSTANCE, I WON'T GET INTO DETAILS, THERE WAS A CLAIM THAT PEOPLE WERE LIED IN REPRESENTATION WITH THE CITY. AND TOOK FINANCIAL POSITIONS BASED ON THOSE. I HAVE SOME CONCERNS ABOUT THE HYPOTHETICAL THAT COUNCILOR CHAMPINE POSITED. SOMEBODY RELYING ON OUR STATEMENTS, AND ACTING IN RELIANCE OF THE STATEMENT. HOWEVER, I DON'T THINK THAT IS THE SAME ISSUE. >>COUN. FIEBELKORN: THERE'S NOTHING SPECIFIC ABOUT FOLKS WHO LIVE IN MOBILE HOMES THAT NEED TO BE EDUCATED THAN ANYONE ELSE? >> NO. >>COUN. FIEBELKORN: I GUESS I'M JUST REALLY SURPRISED THAT THERE'S NOT SUPPORT FOR THIS CONCEPT. THIS IS NOT TAKING ANYONE'S PROPERTY RIGHTS AWAY. IT'S NOT TAKING THEIR PROFIT POTENTIAL AWAY. WE'RE JUST SAYING THAT FOLKS THAT LIVE IN THESE MOBILE HOME PARKS GET AN OPPORTUNITY TO TRY TO QUALIFY TO BUY THAT LAND IF THAT LAND IS UP FOR SALE. IT SEEMS LIKE WE SPEND A LOT OF TIME IN THESE MEETINGS TALKING ABOUT HOW WE CAN HELP PEOPLE EXPERIENCING HOMELESSNESS AND THIS IS A REALLY GOOD OPPORTUNITY TO KEEP MORE PEOPLE FROM BECOMING HOMELESS. I CERTAINLY WOULD BE SUPPORTING THIS BILL. I WANT TO THANK THE COUNCILOR FOR BRINGING IT FORWARD. >>COUN. FIEBELKORN: COUNCILOR CHAMPINE. >>COUN. LEWIS: COUNCILOR CHAMPINE. I MEAN, COUNCILOR BASSAN. >>COUN. BASSAN: THIS IS CREATING A FIRST RIGHT OF REFUSAL? >>COUN. ROGERS: THANK YOU VERY MUCH, COUNCILOR BASSAN, FOR THE QUESTION. IT DOES NOT. >>COUN. BASSAN: THANK YOU. >>COUN. LEWIS: COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. HOW MANY OF THE RESIDENTS THAT LIVE IN THE MOBILE HOME PARK, MANUFACTURED HOME PARK, HOW MANY OF THE RESIDENTS HAVE TO PARTICIPATE IN THIS OPTION? >>COUN. ROGERS: THANK YOU, MR. PRESIDENT, COUNCILOR GROUT, FOR THAT QUESTION. JUST LIKE WE'RE ELECTED 50% PLUS ONE, IT WOULD BE THE SAME HERE. 50% PLUS ONE OF THE RESIDENTS. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. THE OTHER 49% THAT SAY NO, IF THAT WERE THE CASE, DO THEY -- WILL THEY BE PART OF THE PURCHASE OR NOT? >>COUN. ROGERS: THANK YOU, MR. PRESIDENT, THANK YOU COUNCILOR GROUT, THEY WOULD STILL ABLE BE A PART OF PURCHASE. AT WHICH TIME THEY WOULD PAY RENT TO THE NEW OWNERS. THEY WOULDN'T HAVE TO MOVE THEIR HOME IF THEY CHOSE NOT TO BE A PART OF IT. >>COUN. GROUT: SO THEY WOULD NOT BE FORCED TO BE A PART OF IT. THANK YOU. >>COUN. LEWIS: ANY OTHER DISCUSSION, QUESTIONS ON THIS BILL? THIS IS O-52 AS AMENDED. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT FOR THE OPPORTUNITY TO CLOSE. I JUST WANT TO REMIND EVERYONE THIS IS NOT APPROVED MANUFACTURED HOME COMMUNITIES WILL CONTINUE TO NOT HAVE THE ABILITY TO ADVOCATE FOR OWNERSHIP OF THEIR PROPERTIES. AS MUCH AS I LIKE US TO DO THE RIGHT THINGS FOR THE RIGHT REASONS WITHOUT A MANDATE, SADLY THAT IS NOT THE CASE. I URGE YOUR SUPPORT IN PASSING THIS VERY IMPORTANT LEGISLATION. THANK YOU. >>COUN. LEWIS: O-52. MOVED AND SECONDED. >> MR. PRESIDENT, I'M SORRY TO INTERRUPT. I THINK THERE'S ONE MORE AMENDMENT ON THE iPAD. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I DID FORGET MY AMENDMENT. I'M SORRY. I HAVE A TECHNICAL AMENDMENT. VERY EASY. GIVEN OUR REPRESENTATIVE MATTHEWS GIVING US MORE EDUCATION ABOUT THE DEFINITIONS OF A RESIDENT HOMEOWNER GROUP, I JUST WANTED TO ADD TO THE DEFINITION AND THE RED IS ALL WE'RE ADDING. ADDING A RESIDENT-OWNED COMMUNITY. WE HAVE AN ROC-USA NATIONAL DPRUP -- GROUP THAT CAN PROVIDE TECHNICAL ASSISTANCE FOR THE COMMUNITY. I WANT TO THANK REPRESENTATIVE MATTHEWS FOR SHARING THAT WITH ME. IT'S IMPORTANT WE ADD THAT LEGISLATION SO RESIDENTS CAN TAKE ADVANTAGE OF THOSE RESOURCES NATIONALLY. I MOVE A DO PASS OF AMENDMENT ONE. >>COUN. FIEBELKORN: SECOND. >>COUN. LEWIS: THAT IS AMENDMENT TWO. IT'S MOVED AND SECONDED. ANY QUESTION OR DISCUSSION ON THE AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: BACK ON THE BILL AS AMENDED TWICE NOW. YOU SAID A CLOSE ALREADY. ANY OTHER DISCUSSION? GOOD. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: WE'RE ON O-54. COUNCILOR BACA. >>COUN. BACA: O-54. THANK YOU, MR. PRESIDENT. AMENDING THE TRAFFIC CODE TO ALLOW FOR AUTOMATED PARKING ENFORCEMENT. FOLKS MAY REMEMBER THIS AS PART OF MY DOWNTOWN RENAISSANCE BILL. SEVERAL COUNCILORS ASK THAT THE BILL BE BROKEN UP AND BE PUT ON INDIVIDUALLY. THIS IS THE FIRST PART OF THAT BILL. WE HAVE HAD QUITE A BIT OF DISCUSSION ON THIS. AND OF COURSE I RAN IT THROUGH COMMITTEE THIS LAST TIME. THIS WILL ALLOW FOR DYNAMIC NEW AND EFFICIENT PARKING THROUGHOUT OUR CITY AND AT NO COST TO THE CITY. I URGE EVERYONE'S SUPPORT. THANK YOU. >>COUN. FIEBELKORN: SECOND. >>COUN. GROUT: WE HAVE A SECOND BY COUNCILOR FIEBELKORN. IS THERE ANYONE SIGNED UP TO SPEAK? NO. OKAY, COUNCILORS, ANY DISCUSSION? OKAY. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >> PASSES ON A 6-1 -- 7-1 VOTE. >>COUN. GROUT: THANK YOU. WE'RE GOING TO MOVE TO ITEM C. O-56. AMENDING THE PARKS ORDINANCE. ROA1994 SECTION 10-1-1. I MOVE A DO PASS. THANK YOU. THERE IS A FLOOR SUB THAT IS IN YOUR iPAD. I WOULD LIKE TO MOVE THAT. I NEED A SECOND. THANK YOU. IT'S BEEN MOVED, AND SECONDED BY COUNCILOR BASSAN. LET ME GO OVER IT BRIEFLY AND WE'LL HAVE PUBLIC SPEAKERS. THE FLOOR SUB AFTER SOME PUBLIC COMMENT AND JUST TALKING WITH PEOPLE AND SO FORTH, WE HAVE PROVIDED -- WE WENT AND TALKED WITH PARKS AND QUITE A FEW PEOPLE. SO, THROUGH THAT WE MADE AMENDMENTS THAT WOULD ALLOW THE USE OF -- IT REMOVES THE 50-FOOT ADULT BUFFER. THE INTENT WAS TO CREATE SAFE SPACES FOR CHILDREN TO PLAY FREE FROM ADULTS THAT SHOULDN'T BE AROUND. THIS SEEMED TO BUG SOME PEOPLE. THAT'S WHY WE CHANGED THAT. WHAT CHANGES IN THE ORDINANCE CLARIFYING THAT PARKS ARE NOT MEANT FOR OVERNIGHT CAMPING AND ADDS A DEFINITION OF CAMPING. IT ALLOWS FOR OVERNIGHT CAMPING BY ORGANIZED YOUTH GROUPS WITH PERMISSION. AND IT ALLOWS THE FOOD TRUCKS IN DESIGNATED AREAS WHERE THEY'RE NOT ALREADY ALLOWED. EVEN THOUGH THEY HAVE BEEN ALLOWED BUT THEY'RE NOT BY LAW, WE'RE CHANGING THAT. PARKS AND REC HAS BEEN PERMITTING FOOD TRUCKS. THIS MAKES THE FOOD TRUCK ALIGN WITH CURRENT PRACTICE. IT ALLOW FOR ADVERTISING. IN BASEBALL AND SOFTBALL PARKS. THIS ALIGNS WITH CURRENT PRACTICES THAT LITTLE LEAGUE PARKS. UNDER THE CURRENT ORDINANCE, ADVERTISING ISN'T ALLOWED AT ALL. AND IT DOES NOT EXPAND PERMISSION TO KILL POISONS REPTILES IN THE REPTILES. REPTILES AND SNAKES ARE IN THE CURRENT ORDINANCE AND ARE THE ONLY EXCEPTIONS TO THE NO HUNTING RULE. THE CHANGE CLEANS UP THE LANGUAGE. AND PROHIBITS SHOPPING CARTS IN THE PARK OPEN SPACES AND PARKING LOTS. WE'RE GOING TO PUBLIC SPEAKERS. >> UP FIRST WE HAVE ANAMI FOLLOWED BY MARSEN FOLLOWED BY JEROD. >> HI, AGAIN. ACTUALLY WROTE THIS ONE DOWN. THAT SHOULD HELP. IT'S NOT BECAUSE I MANAGED TO GET LOST. I ACTUALLY TALKED TO MY STEPDAUGHTER AND HER EXPERIENCE AT THE THE PARK WITH UNHOUSED PEOPLE CAMPING. HER RESPONSE WAS THERE'S NOT ENOUGH BENCHES. I CLARIFIED WHAT I WAS ASKING HER AGAIN, THERE'S NOT ENOUGH BENCHES FOR THEM TO SLEEP SOMEWHERE AND FOR THEM TO SIT WITH MY FRIENDS. YOU HEAR THE DIFFERENCE BETWEEN THAT AND GET THESE HOMELESS PEOPLE OUT OF MY PARK? YOU ARE PASSING A LOT OF BUDGET STUFF. IT WOULD BE COOL IF THE PARK BUDGET WAS ABLE TO COVER BATHROOMS LIKE WE'VE BEEN TALKING ABOUT. IT WOULD BE COOL IF THE PARK'S BUDGET WOULD, I DON'T KNOW, HELP REPAIR THE GRASS AFTER IT GETS CRUSHED. THANKS. >> MARSEYN FOLLOWED BY JARED FOLLOWED BY RENÉ. >> PETTY, PETTY, PETTY RULES. AND WE'RE BACK WITH MORE. BANNING PEOPLE FROM PARKS, WE HAVE A CHANGE AND I'M GLAD YOU DECIDED TO CHANGE IT. DO I NEED TO GET OUT OF THERE IF I SEE KIDS START COMING BY AND SOMEONE ELSE IN THE PARKS DO THIS AND I SEE KIDS ON THE WAY? DO WE AND MY FRIENDS NEED TO LEAVE? DO WE BECOME WE'RE DOING A THING AND NOW WE CAN'T DO THAT. ADDITIONALLY, THIS ALSO STOPS CHURCH GROUPS, AND OTHER GROUPS TO DISTRIBUTE FOOD. OF COURSE, WE CAN HAVE IT WHEN IT'S FOOD TRUCKS AND PEOPLE SELLING THINGS. WE CAN'T DO HELP IN PARKS. WE CAN'T USE PUBLIC SPACES FOR PUBLIC THINGS. ONLY IF IT'S AROUND MONEY. I GUESS THAT IS THE END GOAL HERE. WE DON'T OFFER ANY HELP. WE DON'T OFFER ANY AID. WE OFFER, YOU KNOW, SAD EXCUSS FOR THAT. YOU KNOW, I JUST DON'T KNOW WHAT TO DO. I KNOW THIS IS GOING TO PASS. AND I KNOW THAT NO MATTER WHAT I SAY HERE YOU GUYS ARE GOING TO PASS THIS BECAUSIA -- YOU DON'T CARE ABOUT THE UNHOUSED POPULATION. IT'S REALLY, REALLY HARD WHEN YOU ACTUALLY CARE ABOUT PEOPLE. WHEN PEOPLE I LOVE ON THE STREETEDS. PEOPLE DIE FROM THE POLICY USE MAKE. YOU CAN SIT HERE SO EASILY AND SAY IT SO SWEETLY. I WANT YOU TO THINK ABOUT THIS. >> JARED FOLLOWED BY RENÉ FOLLOWED BY ALICIA. >> HI, THE MEASURES PROPOSED TODAY WILL PUNISHED UNHOUSED PEOPLE FOR THE CRIME OF NOT WANTING TO FREEZE AND WILL FINE THEM FOR WHAT POSSESSION THEY HOLD ON TO. THAT'S THE POINT. AS WE RETURN TO OUR WARM HOUSES AND COUNT OUR BLESSINGS THAT WE HAVE YET TO FACE THE STRING OF BAD LUCK, WE MAY FIND OURSELVES WATCHING RENIDATION OF THE CHRISTMAS CAROL. YOU MAY HEAR THE SENTIMENTS OF THE SENSEMENTS OF WHY THE DESTITUTE ARE NOT ROUND UP AND PUT INTO PRISON. AS HE -- AS YOU SEE THAT CHILDREN'S SHOW, I HOPE YOU REMEMBER THERE ARE STILL PEOPLE TODAY THAT SEE NOTHING WRONG WITH THOSE QUESTIONS SO LONG AS THEY'RE PHRASED POLITELY AND THE DIRTY WORK CAN BE SOMEWHERE FAR AWAY THAT DOES NOT DECREASE PROPERTY VALUE. I URGE YOU TO CRECONSIDER ORDINANCES 57, 58. HAVE A GOOD NIGHT. >> RENÉ FOLLOWED BY ALICIA FOLLOWED BY MICHAEL. ALICIA FOLLOWED BY MICHAEL FOLLOWED BY LANA. >> THANK YOU, COUNCIL MEMBERS. I'M A RSIDENT OF DISTRICT NINE. I'M HERE TO OPPOSE THIS ORDINANCE. I MIND AMENDMENTS PROPOSED TO THE PARKS ORDINANCE ARE THE POLICING THE UNHOUSED CITIZENS. THE OUTLINES HIGHLY SPECIFIC WAYS PARKS MAY BE USED OUT LAWING THE TENTS AND PROHIBITING SHOPPING CARTS AND ANY OTHER LARGE ITEMS THAT MIGHT DAMAGE THE GRASS. THIS ORDINANCE CRIMINALIZES ANY CITIZEN WHO DOES NOT HAVE A HOME TO GO TO EACH NIGHT. I URGE YOU ALL TO PRIORITIZE THE LIFE OF OUR UNHOUSED NEIGHBORS OVER THE GRASS AND OPPOSE THIS AMENDMENT. >> MICHAEL FOLLOWED BY MAMA FOLLOWED BY AIDEN. MAMA-Z FOLLOWED BY AIDEN FOLLOWED BY SARAH. >> HI, GUYS. HOW IS EVERYBODY TODAY? NOT GOOD. YOU ALL CAN LISTEN, BUT I'M ADDRESSING TAMMY AND NICOLE BECAUSE THEY CHOSE TO MEET WITH ME. I'M SORRY YOU DIDN'T GET SEX TOYS. EVERY WEEK I POST ON FACEBOOK ANYWHERE FROM FOUR TO FIVE MISSING PEOPLE. AND ON NOVEMBER 23rd, A 25-YEAR-OLD BRUTALLY MURDERED MATTHEW ARAGON. SEVEN DAYS LATER ON DECEMBER 1st MY NEPHEW WAS HELD CAPTIVE IN A SHED BEFORE BEING MURDERED AND BURNED IN HIS CAR. WHEN I COME HERE, I TELL EVERYBODY, BY THE WAY I'M SIGNED UP FOR 56 AND 57, SO I'M GOING TO TAKE TWO MINUTES. WHEN I COME HERE I TELL EVERYBODY IT'S LIKE A BAD EPISODE OF SHARK TANK. HI, WE NEED MONEY FOR THIS. WE TALK ABOUT THE RICH AND DIVERSE CULTURE. I DON'T FEEL APPRECIATED OR CARED FOR OR LOVED IN THIS CITY. I HAD MY NEPHEW MURDERED WHILE APD HAD SIX OFFICERS TO MOVE A ONE-LEGGED HOMELESS MAN OFF THE PARK MENTION. I'VE GIVEN A PROPOSAL TO GIVE ME $6,500 WHICH IS THE REST OF MY HOUSING WITH HEADING HOME. I ONLY MAKE $900 AND I GIVE THEM $300 A MONTH. I WOULD RATHER LEAVE YOUR CITY. I'LL BE HERE FOR 30 DAYS IF YOU WANT ANY ADVICE FROM ME. I'M TIRED AND I'M DONE. AND I NO LONGER WANT TO BE TREATED LIKE LESS THAN ALL OF YOU. HOW DARE YOU. RIGHT NOW, I'M GOING TO BOW MY HEAD AND PRAY THE OUR FATHER FOR THIS SIT. HOUR FATHER WHO ART IN HEAVEN -- ON EARTH AS IT IS IN HEAVEN. GIVE US THIS DAY OUR DAILY BREAD AND FORGIVE US OUR TRESPASSES AGAINST THOSE WHO TRESPASS AGAINST US, FOR THINE IS THE POWER THE GLORY FOREVER AND FOREVER. AMEN. >> STEVEN FOLLOWED BY BRITNEY. >> HI, THERE. I APPRECIATE THAT THIS HAS BEEN AMENDED SO I CAN GO WITHIN 50 FEET OF A PLAYGROUND. THERE'S STILL A LOT I DO NOT LIKE. THIS SEEMS TO BE LIKE IT MAKES PARK LESS FUN. WE'RE BANNING FEEDING BIRDS. WE'RE BANNING HAMMOCKS. WE'RE CLOSING ALL PARKS AT 10 P.M. THAT'S GOING TO AFFECT EVERYBODY. I AM ALSO REALLY DISTURBED TO SEE THE SECTION ABOUT SHOPPING CARTS WHERE IF A PERSON IS AT A PARK WITH A SHOPPING CART, WHETHER OR NOT THE SHOPPING CART HAS THEIR BELONGINGS IN IT, IT MAY BE CONFISCATED AND DISPOSED OF. AND THAT'S NOT JUST POTENTIALLY SOMEBODY'S TENT, SOMEBODY'S BLANKET KEEPING THEM WARM DURING THE COLD WINTER, THAT COULD BE SOMEBODY'S I.D. OR MEDICATION. WHEN YOU TAKE THEIR BELONGINGS AWAY FROM A PERSON THAT LIVES ON THE STREET, YOU'RE NOT HELPING THEM GET OFF THE STREET, YOU'RE MAKING IT HARDER FOR THEM. YOU'RE KEEPING THEM IN A CYCLE OF BEING UNABLE TO FIND THE RESOURCES THEY NEED TO BREAK THE CYCLE OF HOMELESSNESS. I HAVE FRIENDS THAT LIVE ON THE STREETS. THAT REALLY, YOU KNOW, I'D REALLY LIKE TO SEE MORE COMPASSION FOR THEM. I'D LIKE TO SEE EVIDENCE-BACKED SOLUTIONS. WE KNOW SWEEPS DON'T REDUCE CRIME. I DON'T WANT TO SEE MORE SWEEPS. I DON'T WANT TO SEE CRACKING DOWN ON PARKS. I WANT TO SEE HOMES. I WANT TO SEE SANCTIONED ENCAMPMENTS AND AFFORDABLE HOUSING. THANK YOU. >> FOLLOWED BY BRITNEY FOLLOWED BY EMILY. >> I'M FROM DISTRICT NINE. I WANT TO SAY ARE WE REALLY WORRIED ABOUT PEOPLE DESTROYING GRASS IN NEW MEXICO? I HAVE A PARK BY MY HOUSE THEY PLAY FOOTBALL, THEY TEAR UP THE GRASS EVERY WEEKEND. THAT'S NOT WHAT THIS IS ABOUT. IT'S NOT ABOUT PROTECTING GRASS. IT'S ABOUT CRIMINALIZING AND BEING UNHOUSED. I WANT TO LET YOU KNOW THIS ORDINANCE CONCERNS ME BECAUSE IT VIOLATES THE AMERICANS WITH DISABILITIES ACT. YOU MAY NOTICE ME WITH MY SERVICE DOG, THE ORDINANCE MAKES EXCEPTIONS FOR DOGS IN CIVIC PLAZA, BUT THOSE USED BY BLIND, DEAF OR MOBILITY-IMPAIRED PEOPLE. EXCLUDING ANIMALS THAT ASSIST WITH CERTAIN DISABILITIES OVER OTHERS VIOLATES THE ADA. THE ADA EXPLICITLY FORBIDS PUBLIC OR PRIVATE EBT ENTITIES FOR DOGS HAVING IDENTIFYING. FOR THOSE REASONS ALONE YOU NEED TO VOTE NO. >> BRITNEY FOLLOWED BY EMILY FOLLOWED BY MEREDITH ON ZOOM. >> [ INAUDIBLE ]? IS THIS BETTER? I WROTE WHAT I WANTED TO SAY TONIGHT. I PLANNED ON TELLING A STORY ABOUT A WOMAN I KNOW WHO LIVES ON THE STREETS FOR YEARS AND WHO LOST HER CHILDREN. AND A PLAN TO REVEAL THAT THE WOMAN FROM THE STORY IS ACTUALLY MY MOTHER. I HAD THIS IDEA THAT I COULD GIVE YOU AN EXAMPLE OF SOMEONE WHO IS HOMELESS. I DON'T KNOW HOW USEFUL THAT WOULD BE. THEN I THOUGHT MAYBE I NEED AN APPEAL OF LOGIC. MAYBE I CAN TAKE ABOUT THE EVIDENCE OUT THERE THAT SHOWS SLEEPING CAMPS AND STEALING THE BELONGINGS OF HOMELESS PEOPLE DOESN'T MAKE ANYONE SAFE. WHEN PEOPLE LOSE THEIR DOCUMENTS WITH THINGS LIKE I.D. AND BIRTH CERTIFICATES THAT MIGHT HELP WITH EMPLOYMENT OR HOUSING. THAT IMPOSING FINES AND JAIL TIME WORSENS THE CYCLE OF POVERTY. I SIGNED UP FOR TWO. >>COUN. LEWIS: YOU SIGNED UP FOR 57 ALSO? >> ALL RIGHT. WE'LL LET YOU SPEAK ON BOTH OF THOSE. >> THANK YOU. WE THE HOUSING NEEDS ASSESSMENT WITH MEASURABLE MATERIAL CHANGES WITH ORDINANCES 52 AND 59 ISN'T GOING TO IMPROVE THE CONDITIONS. AGAIN, I DON'T KNOW HOW USEFUL IT WOULD BE TO HARP ON THESE FACTS BECAUSE FOR SOME BIZARRE REASON WE KEEP VISITING THIS CONVERSATION. I GET IT YOU HAVE CONSTITUENTS THAT ARE SCARED ASK ASKING TO DO SOMETHING. MOST PEOPLE TEND TO BE VERY INVESTED IN THE PUNISHMENT AND IT HARMS EVERYONE. I'M BEGGING YOU CAN WE PRETTY PLEASE GET A GRIP AND STOP WASTING EVERYONE'S TIME AND RESOURCES. -- THANK YOU. >> EMMY FOLLOWED BY MEREDITH ON ZOOM. >> I ALSO HAVE TWO. I'M HERE TO SPEAK OUT AGAINST ORDINANCES, 56, 57, 58 THAT DISPROPORTIONATE AFFECT MIN ORTS, AND THOSE WHOSE CIRCUMSTANCES PLACE THEM IN A VULNERABLE POSITION TO BE UNJUSTLY DISREGARDED, DEVALUED AND DEHUMANIZED. THESE POLICIES, WHICH WE FIND STARTLING AND CRUEL AND UNNECESSARY, WHERE TAKE ISSUE WITH. DESPITE DOING EVERYTHING IN HER POWER TO CONFORM, THE LONG-TERM STRUGGLE TO MEDICAID -- WHO PUSH HER AND MANY OTHERS TO THE UNACCEPTABLE OUTSKIRTS OF SOCIETY DUE TO THE LACK OF SUPPORT BY THOSE WHO NEED IT. POLICIES LIKE THESE ENSURE I DO NOT HAVE A MOTHER AND SHE DOES NOT HAVE A HOME AND MAKE HER LIFE AND LIVES LIKE HERS IMPOSSIBLE. IT IS YOUR RESPONSIBILITY TO HEAR US WHEN WE SAY PUNISHING PEOPLE FOR BEING HOUSELESS IS WRONG AND NOT REPRESENTATIVE OF OUR GENERAL INTERESTS AS A POPULATION. ORDINANCE R-101 IS A REFLECTION OF THE ACTIVE MISSALICATION OF RESOURCES THAT FRUSTRATES US. MEANWHILE, ORDINANCES SUCH AS O-52 AND O-59 SHOULD BE PRIORITIZED ALONG SIMILAR POLICIES THAT WORK TO UPLIFT, PROTECT, AND ENABLE THE CONDITIONS OF SUCCESS FOR THOSE THAT HAVE BEEN THROWN TO THE WOLFS. THANK YOU. >> MEREDITH FOLLOWED BY SARAH. >> FIRST, I WOULD LIKE TO THANK YOU FOR THE MILLIONS OF DOLLARS YOU HAVE PROVIDED IN THE LAST FOUR YEARS BETWEEN 2020 AND 2024 FOR SOCIAL SERVICES AND REVITALIZING OR REMODELING GATEWAY CENTER. THAT AMOUNTS TO NEARLY 200 -- >> MEREDITH, YOU HAVE FROZEN. I'LL COME BACK TO YOU. SARAH FOLLOWED BY STEVEN. >> MAY I HAVE TWO MINUTES FOR 57 AND 58? >> YES, PLEASE PROCEED. >> THANK YOU. DURING A DISCUSSION ABOUT O-57 I HEARD COMMUNITY MEMBERS SPEAK ABOUT PEOPLE WHO ARE UNSHELTERED NEEDING BOUNDARIES. WHEN YOU LOSE YOUR HOME AND SEEK ASSISTANCE, MANY BOUNDARIES COME UP, ALBUQUERQUE RESPONDS WITH NO. NO AFFORDABLE HOUSING OPTIONS, NO HOTEL OR HOUSING VOUCH RPZ, NO CASE MANAGEMENT OPTIONS, NO INCOME OPTIONS, NO PRIVATE BATHROOM ACCESS, NO PUBLIC BATHROOM, NO TOILET PAPER OR TAM PONS, NO HAND SANITIZER, YOU REFRIGERATED FOOD, NOW SHOWERS, NO ICE, NO COOLING, NO HEAT, NO CAMP, NO BLANKETS, NO COMMUNITY. NO PROTECTION FROM ELEMENTS OR THREATS, THEFT, NO PANHANDLING, NO UNPOLLUTED AIR TO BREATHE, NO PHONES, NO EMAIL, NO SAFE OUTDOOR SPACES, NO OBSTRUCTING SIDEWALKS OR BUS STOPS, NO OPEN SUBSTANCE USE, NO SHOPPING CARTS ABANDONED OR HOLDING POSSESSIONS, NO PETS ON BUSES, NO LARGE BAGS ON BUSES, HE POOR HYGIENE ON BUSS. NO TRESPASSING, NO LOITERING, NO RESPECT, NO DIGNITY, NO OPPORTUNITY. NO ADDITIONAL BOUNDARIES TO RESTRICT ANYONE FROM PARKS ARE NEEDED TO FURTHER DEHUMANIZE OR HARM UNSHELTERED NEIGHBORHOODERS. ALLOW ALL PEOPLE A SOFT PLACE TO FALL ON THEIR HARDEST DAYS AND VOTE NO ON O-56, 57 AND 58. CREATE LEGISLATION FOR HOUSING AND REGULATIONS. WHEN WE'RE SAFELY HOUSED, THEN AND ONLY THEN AS COUNCILOR GROUT WROTE IN HER LEGISLATION, CAN WE TAKE PRIDE IN THE PUBLIC APPEARANCE OF OUR CITY. ON ENCAMPMENTS, I LISTENED TO A NEWS STORY THAT OUTLINED FOUR STAGES OF GENOCIDE. NUMBER ONE, DISPLACEMENT AND DESTABILIZATION. MOVE PEOPLE AROUND ENOUGH TIMES UNTIL THEY'RE DEPRIVED AND UNSTABLE AND THEY CAN'T THINK STRAIGHT. DEHUMANIZE OTHER PEOPLE THAT ENABLES DISPARAGING ABOUT THEM PERSONALLY SO THEY'RE VIEWED AS NON-HUMAN. NUMBER THREE, DISEASE, PACK MASSES OF PEOPLE INTO CROWDED DISEASES WITH POOR OR NO HYGIENE. LACKING FOOD NOURISHMENT. FOUR DEATH. EVENTUALLY ALL WILL DIE AND MEMORIALIZE THEM IN ALBUQUERQUE. LAST WEEK, I HEARD AN AREA IN THE INTERNATIONAL DISTRICT REFERRED TO AS A REFUGEE CAMP WHEN 75 PEOPLE WERE DISPLACED FROM VARIOUS PARKS IN THE CITY ASK SOUGHT REFUGE ON THE SAME BLOCK. WE'RE WORKING THAT SUPPORT SYSTEMS THAT KILL PEOPLE AND CONTINUE TO PROPOSE ORDINANCES TO MAKE THEM EVEN MORE BRUTAL, DISTURBS ME GREATLY AND IT SHOULD DISTURB YOU. IN ALBUQUERQUE'S COUNCILOR GROUT'S ORDINANCE WILL REQUIRE PEOPLE TO PAY A FINE THAT COULD BE USED ON HOUSING FEES IF THEY HAD THAT MONEY OR THEY'RE REQUIRED TO SPEND 90 DAYS IN JAIL, CLAIMING POVERTY AND HOMELESSNESS TO BE A CRIMINAL OFFENSE. WHEN POLICE OFFICERS MURDER A HANDCUFFED -- OBSTRUCTION CHARGE AGAINST AN UNSHELTERED NABERED WE CANNOT JAIL OUR WAY OUT OF HOMELESSNESS. >> THANK YOU. MEREDITH, I'M SORRY. MEREDITH, YOU WERE FROZEN. DO YOU WANT TO TRY AGAIN? >> HOW FAR DID I GET BEFORE THE CONNECTION FAILED? >> GO AHEAD AND START FROM THE BEGINNING. >> OKAY. I STARTED BY THANKING THE COUNCILORS FOR ALL THE SUPPORT THEY PROVIDED FOR SOCIAL SERVICES AND THE REMODELING OF THE GATEWAY CENTER AND THAT'S NEARLY $200 MILLION OVER THE YEARS FROM 2020 TO 2024. AND I WOULD ALSO ASK YOU TO SUPPORT O-24-56, 57, AND 58. AT THE SAME TIME, I WOULD ASK THEY BE GIVEN FLEXIBILITY TO ENCOURAGE CHANGES AS PRACTICAL EXPERIENCE IS GAINED IN THEIR USE. THIS MIGHT INCLUDE REVIEWING THE ORDINANCES DURING THE AREA ASSESSMENTS THAT PROCEED THE IDO REVISION. TO FOCUS ON THE ELEMENT OF PUBLIC PARKS, O-24-56, I NOTICED THAT IT DOESN'T SPECIFY THE CRITERIA THAT MUST BE MET FORMERICING DEZINGINATIONS AS CHILDREN'S AS CHILDREN'S PARKS. WHEN PARENTS REMAIN AFTER A GENERATION OF A NEIGHBORHOOD WITH ONE OF THESE PARKS GROWS INTO ADULTHOOD AND MOVE AWAY, COULD THE CLASSIFICATION BE CHANGED UNTIL A NEW GROUP OF CHILDREN COMES? OR PERHAPS THE CIRCUMSTANCES THAT NECESSITATES THE ORIGINAL NEED NO LONGER EXISTS. MANY MEMBERS OF THE COMMUNITY WOULD LIKE TO JOIN YOU TO BUILD SOLUTIONS THAT BENEFIT ALL THE VULNERABLE RESIDENTS OF THE CITY. WHETHER THOSE WITHOUT HOMES OR CHILDREN OR OTHER PEOPLE WHO NEED THE SECURITY OF PERSONAL SAFETY. THANK YOU. >> THANK YOU. STEVEN FOLLOWED BY JANICE. >> CAN YOU HEAR ME OKAY? >> WE CAN HEAR YOU. PLEASE PROCEED. >> THANK YOU. I'M A QUEER PERSON. MY HUSBAND AND I BOUGHT OUR FIRST HOUSE HERE. TODAY, YOU'RE GOING TO HEAR COMMENTS FROM PEOPLE LIVING IN PRIVILEGE. THEY LIVE IN THE PRIVILEGE OF NOT HAVING EXPLOSIONS BEING SET OFF OUTSIDE THEIR HOMES. THEY'RE NOT HAVING TO WORRY ABOUT THEIR PETS OR FAMILY MEMBER BEING STABBED BY NEEDLES JUST WALKING THROUGH A PARK. YES, WE HAVE A PUBLIC HEALTH AND SAFETY CRISIS, BUT THESE ADVOCATES ARE NOT CALLING FOR ACCOUNTABILITY ON THE MILLIONS SPENT ON CARRY, AND THOSE THAT ADDRESS THE CARE GAP. THESE PUBLIC SAFETY BILLS ALLOW US TO BE ABLE TO RECLAIM OUR PUBLIC SPACES FROM CRIMINALS. IT PROVIDES FOR OUR FAMILIES AND PETS TO BE SAFE IN THEM. I ASK YOU TO CONSIDER THE EVERYDAY REALITY OF RESIDENT SPACE INSTEAD OF THE FANTASY OF THOSE COMMENTING. HELP US RECLAIM OUR OPEN SPACE FOR EVERYPLACE'S REASONABLE AND SAFE USE. PLEASE VOTE FOR THE PUBLIC SAFETY BILLS AND PROVE TO YOUR CONSTITUENTS THAT YOU'RE LISTENING TO THE OUTCRIES FOR HELP. THANK YOU. >> JANICE. >> GOOD EVENING. I'LL START BY BRIEFLY SECONDING SOME OF THE SENTIMENTS THAT OTHERS HAVE SHARED. NAMELY WE WILL NOT ARREST OUR WAY OUT OF THE STATISTICS PRESENT THIS EVENING AND IN THE HOUSING ASSESSMENT REPORT. ALSO, A MAJOR FACTOR THAT PREVENTS RESIDENTS FROM UTILIZING PARK SPACE IS THE LACK OF BASIC AMENITIES SUCH AS BATHROOMS AND WATER. I HAD TO LEAVE A PARK MYSELF TO TRY TO GET A TO A BATHROOM. I ASKED THAT THOSE OF YOU WITH THE POWER TO VOTE PRIORITIZE PEOPLE OVER PLANTS AND PEOPLE OVER PROPERTY. I'LL REPEAT POINTS THAT I MADE BEFORE AND MY OPINION REGARDING TENTS, SLEEPING BAGS OR BLANKET SHOULD BE CRIMINALIZED. I HAVE PERSONALLY WINED THAT RESULTS OF LOSS OF LIFE. THAT'S WHAT SHOULD BE CRIMINALIZED. AND TO CLARIFY, I HOPE THAT ALL OF ITEM NUMBER FIVE IS REMOVED SINCE THE CHILDREN'S PARKS REFERENCED HERE ARE ONLY IN DISTRICT NUMBER SIX. THANK YOU. >> MR. PRESIDENT, THAT CONCLUDES COMMENT. >>COUN. LEWIS: O-56. COUNCILOR GROUT. DISCUSSION ON THIS? COUNCILOR GROUT. [ INAUDIBLE ]. >>COUN. LEWIS: SECONDED BY COUNCILOR BASSAN. DISCUSSION ON THE FLOOR SUB? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: ALL RIGHT. THIS IS THE LAST SUBSTITUTE. COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. THANK YOU, ALL, FOR VOTING FOR THE FLOOR SUB. WE SPEND, I'VE SAID THIS BEFORE. WE SPEND A LOT OF MONEY. I'VE HEARD PEOPLE SAY THAT -- I THINK IT'S VERY SAD TO LEAVE SOMEBODY ON THE STREET. I DO. LEAVING THEM IN A TENT AND GIVING THEM A SLEEPING BAG AND WALKING AWAY FROM THEM IS VERY HARD. I THINK IT'S SAD TO SEE THEM THERE. WHAT THIS IS ABOUT ALL OF THE CITIZENS IN ALBUQUERQUE. THERE ARE 560,000 PEOPLE OF ALBUQUERQUE. 5,000 PEOPLE THAT LIVE ON THE STREETS. THAT'S VERY SAD TO ME. THAT'S 5,000 TOO MANY. AND WE SPEND A LOT OF MONEY TRYING TO HELP THESE PEOPLE. DO WE SPEND ENOUGH? I DON'T THINK WE DO. ARE WE SPENDING IT WELL? I'M NOT SURE WE ARE. I AM LOOKING AT ALL DIFFERENT THINGS TO HELP THESE PEOPLE ON THE STREETS. IT BREAKS MY HEART BADLY. I ALSO KNOW THAT THERE ARE -- WE HAVE TO LISTEN TO EVERYBODY IN OUR CITY. AND THERE ARE PEOPLE THAT REACH OUT TO US ON A DAILY BASIS, ON A WEEKLY BASIS AND THEY SEND US EMAIL AND THEY'VE LOVED GOING TO OUR PARKS AND THEY'RE SCARED TO GO TO OUR PARKS. THEY MATTER TOO. WE NEED TO LISTEN TO THEM AS WELL. I THINK THESE CHANGES THAT WE ARE PROPOSING ARE REASONABLE. I REALLY DO. WE WORKED WITH THE PARKS DEPARTMENT. WE HAVE BEAUTIFUL PARKS IN OUR COMMUNITY. I CAN TELL YOU ONE PARK IN MY DISTRICT, THE PEOPLE HAVE NOT USED IT PROPERLY. THEY HAVE DESTROYED THE IRRIGATION. AND MADE A BATH TUB AND RUINED SO MUCH AND THAT IS NOT ACCEPTABLE. THEY USE PLAYGROUND EQUIPMENT SO THAT IT IS A SHELTER. THAT'S NOT WHAT THAT PLAYGROUND EQUIPMENT IS FOR. THAT IS FOR US TO ENJOY. FOR US TO BE ABLE TO TAKE OUR CHILDREN AND GRANDCHILDREN. THESE ARE -- WE'VE ALSO HEARD, YOU KNOW, SOMEBODY MIGHT WANT TO GO ON A DATE ONE NIGHT AND SWING IN A PARK AND THEY SHOULD BE ABLE TO DO THAT AND NOT BE AFRAID TO STEP ON SOMEBODY THAT IS INAPPROPRIATE. THAT IS A HEALTH HAZARD. ALL OF THESE THINGS ARE TO MAKE SURE THAT WE ARE ALL SAFE. SO, WITH THAT IN MIND, WE WORKED AGAIN LIKE WITH THE ADMINISTRATION AND WITH CITY ATTORNEY AND COUNCIL ATTORNEY AND I LISTENED TO FELLOW CONSTITUENTS OR COLLEAGUES ON SOME OF THE RECOMMENDATIONS. THAT'S WHEN WE CAME UP WITH THE FLOOR SUB. I CAN TELL YOU THAT WE ARE ALSO TOLD THAT -- WE SPEND A LOT OF MONEY ON HOMELESS -- ON HELPING THE HOMELESS. WE HAVE $85 MILLION -- ACTUALLY $110 MILLION OF FEDERAL FUNDING THAT WE HAVE SPENT ON SERVICES, CONTRACTS FOR THE HOMELESS. AGAIN, HAVE THEY BEEN USED WISELY? I'M NOT SURE. BUT WE HAVE APPROPRIATED IT. I HAVE NEVER NOT APPROVED ANY OF THESE SERVICES FOR THE HOMELESS. I THINK THEY'RE VERY IMPORTANT TO HELP THEM. WE ALSO PURCHASED A HUGE BUILDING AND SPENT ANOTHER $900 MILLION ON RENOVATING THAT. WE HAVE BEGUN RENOVATING THE SHELTER ON THE WEST SIDE. I'VE SEEN THE NEW BEDDING. WE'VE ALL APPROVED A PURCHASE OF ALL THE BEDS BECAUSE I WANT A GOOD, SAFE BED FOR THESE PEOPLE TO BE ON. I WANT SECURITY OUT THERE SO THAT THE RESIDENTS ARE SAFE. THEY SHOULD BE ABLE TO GO OUT THERE AND SLEEP AND NOT WORRY ABOUT THINGS THAT SHOULDN'T BE HAPPENING. I'M HOPEFUL THAT THE NEW CONTRACTOR IS GOING TO MAKE THINGS BETTER FOR ALL THOSE PEOPLE OUT THERE THAT ARE LIVING THERE. WE DO HAVE -- I ALSO WANT TO BE ABLE TO -- IF SOMEBODY WANTS A BED, THERE ARE BEDS AVAILABLE. I WANT TO BE ABLE TO GO TO A DASHBOARD AND FIND A PLACE FOR SOMEBODY THAT WANTS TO GO TO A PLACE TO SEEP OVERNIGHT. I DON'T WANT TO LEAVE PEOPLE ON THE STREETS. I WANT TO GET THEM THE HELP. I WANT THEM TO GET INTO TREATMENT IF THEY NEED IT. I WANT THEM TO HAVE A BED TO BE WARM. I DON'T WANT TO SEE FIRES AND PROPERTY GET BURNED, INCLUDING MY OWN, IN APRIL MY BUILDING WAS BURNED. AND IT WAS FROM SOMEBODY WHO WAS LIVING ON THE STREETS. AND THAT'S NOT OKAY EITHER. SO, ALL OF THESE ARE, I THINK, THEY'RE COMMON SENSE. I WANT TO CONTINUE TO HELP ADVOCATE FOR PEOPLE TO GET THEM INTO TREATMENT, HOMES, HOTELS, HOUSING VOUCHERS. I'M WORKING ON IT ALL. I'M ALSO LISTENING TO PEOPLE WHO WANT TO BE ABLE TO USE THE PARKS IN A SAFE MANNER. WE DON'T WANT TO BE SCARED ANYMORE. SO, THAT'S WHERE THIS IS COMING FROM. >>COUN. LEWIS: ALL RIGHT. COUNCILORS, THIS IS THE BILL AS SUBSTITUTED. DO WE HAVE ANOTHER AMENDMENT? >>COUN. BASSAN: MR. PRESIDENT -- >>COUN. LEWIS: LET'S GO TO COUNCILOR BASSAN. >>COUN. BASSAN: REAL QUICK. BEFORE WE DO AMENDMENTS, I'M WANTING TO ASK STAFF IF YOU CAN PLEASE CONFIRM AND CLARIFY IF ANY OF THESE AMENDMENTS ARE GOING TO BE POTENTIALLY DUEPLICATIVE OF SOMETHING IN THE FLOOR SUBSTITUTE OR IF THEY WILL COMPETE. >>COUN. FIEBELKORN: MR. CHAIR, WE HAVE REDONE MY AMENDMENTS AND WE NOW HAVE AMENDMENTS THAT ARE SPECIFICALLY TARGETED IN THE FLOOR SUB IN THE iPAD. MR. PRESIDENT, THANK YOU. I WILL MOVE FLOOR AMENDMENT NUMBER ONE. I BELIEVE WE CAN PUT THESE UP. EVERYBODY CAN SEE. ON PAGE TWO, LINE EIGHT, DELETING THE REFERENCE TO AN APPARENT INTENT. ON PAGE THREE, LINE 18, AGAIN REMOVING THE APPARENT PURPOSE. I BELIEVE STRONGLY THAT YOU SHOULD HAVE ONE LAW THAT IS FOR EVERYBODY. AND I DON'T KNOW WE CAN SAY WHAT PEOPLE'S INTENT IS IN A PIECE OF LEGISLATION. I THINK THAT LEAVES IT VERY OPEN. I'M JUST TRYING TO SAY THAT WE DO NOT WANT FIRST RESPONDERS OF ANY SORT TO BE JUDGING WHAT PEOPLE'S INTENTIONS ARE. I'LL MOVE THAT FLOOR AMENDMENT NUMBER ONE. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR GROUT. DISCUSSION ON THE AMENDMENT? AMENDMENT NUMBER ONE. WE'LL GO TO A VOTE. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. FIEBELKORN: MR. PRESIDENT, IF I CAN MOVE FLOOR AMENDMENT NUMBER TWO. THAT IS GOING ON AS WELL. PAGE THREE, LINE 26, WE HAVE A REFERENCE TO THE MAYOR AND THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT NEEDING TO SIGN OFF ON OVNIGHT CAMPING. THAT SEEMED REDUNDANT. I DELETED FROM THERE AND. SO IT'S JUST DIRECTOR SIMON THAT SIGNED OFF ON OVERNIGHT CAMPING TRIPS. >>COUN. LEWIS: SECOND BY COUNCILOR GROUT. DISCUSSION ON THE AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I'LL MOVE FLOOR AMENDMENT NUMBER THREE. THAT IS ON PAGE THREE, LINE 32, RIGHT NOW WE HAVE A RESTRICTION FOR SHOPPING CARTS IN THE PARKS AND OPEN SPACES AND ALSO INCLUDE PARKING AREAS. I WANT TO STRIKE THE PARKING AREAS. I'M NOT SURE THAT A CART WOULDN'T CAUSE ANY DAMAGE TO A PARKING LOT. I DID WANT TO INCLUDE A DEFINITION OF ABANDONED SHOPPING CART. WE DON'T WANT FOLKS THINGS TAKEN AWAY. WE'VE HEARD FROM SEVERAL SPEAKERS THAT TALKED ABOUT THAT. ADDING A REQUIREMENT THAT THE ABANDONED SHOPPING CART IS UNATTENDED AND NOT MOVED IN MORE THAN EIGHT HOURS. I'LL MOVE THAT AMENDMENT. >>COUN. LEWIS: MOVED. SECONDED BY COUNCILOR BASSAN. DISCUSSION ON THE AMENDMENT? >>COUN. FIEBELKORN: MR. PRESIDENT, IF I CAN, THESE WERE ALL WRITTEN BEFORE. SO THEY'VE BEEN IN THE iPAD SINCE FRIDAY. AND WE QUICKLY, AFTER THE FLOOR SUB WAS ADDED, WE PUT THE SAME VERSION WITH THE NEW LINE ITEM FOR COUNCILOR GROUT'S FLOOR SUB, SO THEY'RE BOTH IN THE iPADS. >>COUN. LEWIS: THAT'S MOVED AND SECONDED. ANY DISCUSSION OR QUESTIONS ON THIS AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: NO. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> THAT FAILS ON A 4-5 VOTE. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I'LL MOVE FLOOR AMENDMENT NUMBER FOUR. THAT IS ON PAGE FOUR, LINE FOUR. REMOVE THE WRONGFUL USE OF PLAYGROUND EQUIPMENT SECTION. I VERY MUCH DISAGREE WITH THE IDEA THAT WE'RE RESTRICTING ANY PART OF OUR PARKS TO ANYONE. I AM UNAWARE OF ANY INCIDENT THAT HAS HAPPENED IN A PARK BETWEEN CHILDREN PLAYING IN A PARK AND ANY UNHOUSED OR ANYONE ELSE. WE CAN ASK THE PARKS AND REC FOLKS IF THAT'S THE CASE. THE ONLY CONCERN THAT I'VE HEARD IS THAT SOMETIMES CHILDREN HAVE COME ACROSS NEEDLES, WHICH I DO HAVE VERY SERIOUS CONCERNS ABOUT. BUT THE CHANGES IN THE FLOOR SUB WILL STILL HAVE THAT. THERE'S NO -- NOTHING IN THE FLOOR SUBTHAT KEEPS PEOPLE IN THE PARK WHEN CHILDREN ARE NOT THERE. AS A PERSON THAT WILL NEVER BE WITH A CHILD IN THE PARK BECAUSE I DON'T HAVE CHILDREN, I DON'T THINK THIS IS APPROPRIATE WAY TO CORD OFF PARTS OF OUR PARKS FOR ALL OF OUR CITIZENS. I MOVE FLOOR AMENDMENT NUMBER FOUR. >>COUN. LEWIS: DISCUSSION OR QUESTIONS? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I WOULD ASK THE ADMINISTRATION IF THERE HAVE BEEN ANY INSTANCES WHERE CHILDREN WERE IN ANY WAY, SHAPE, OR FORM HARASSED OR DAMAGED OR HURT BY ANYONE, NOT JUST THE UNHOUSED. I CERTAINLY HAVEN'T HEARD ABOUT IT. >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, TO MY KNOWLEDGE I'M NOT AWARE OF ANY INCIDENTS THAT HAVE BEEN REPORTED. >>COUN. FIEBELKORN: THANK YOU. I APPRECIATE THAT. THANK YOU, MR. PRESIDENT. >>COUN. CHAMPINE: THAT'S TO YOUR KNOWLEDGE CORRECT? IS THAT WHAT YOU STATED? >> COUNCIL PRESIDENT, COUNCILOR CHAMPINE YES. OUR DIRECTOR FROM PARKS IS NOT HERE. I CAN FIND OUT. I'M NOT AWARE OF ANY. >>COUN. CHAMPINE: THANK YOU. >>COUN. FIEBELKORN: MR. PRESIDENT, IF I CAN SAY, IF THERE HAD BEEN SUCH A SITUATION THAT HAPPENED I THINK WE WOULD HAVE ALL HEARD ABOUT IT. THAT'S A PRETTY SERIOUS THING IF CHILDREN WERE ACTUALLY HARASSED IN A PUBLIC PARK. >>COUN. GROUT: WE JUST GOT AN EMAIL THIS WEEK THAT WENT OUT TO ALL OF US TALKING ABOUT -- NOW I'M TRYING TO FIND IT. I AM VERY CONCERNED ABOUT MY CHILDREN AND MY GRANDCHILDREN BEING ABLE TO TAKE MY CHILDREN TO OUR PARKS SAFELY. PEOPLE ARE SOMETIMES AFRAID OF THESE PEOPLE. THEY GET -- SOMETIMES, IN ONE SPECIFIC PARK I'M TALKING ABOUT, THEY TAKE OVER THE AREA RIGHT NEXT TO THE PLAYGROUND EQUIPMENT. AND THEY GET VERY POSSESSIVE. IT'S TRUE. THAT'S WHY PEOPLE HAVE SENT EMAILS, THEY HAVE CALLED ME, AND IT'S IMPORTANT THAT WE LISTEN TO THEM TOO. >>COUN. LEWIS: COUNCILOR SANCHEZ. >>COUN. SANCHEZ: -- THERE WERE SEVERAL INCIDENTS WHERE CHILDREN WERE ACTUALLY BURIED IN THE SAND IN PARKS AFTER THEY HAD BEEN BRUTALLY MURDERED. THERE'S BEEN INSTANCE WHERE KIDS HAVE BEEN STUCK WITH NEEDLES. THERE'S INSTANCE WHERE KIDS HAVE BEEN ABDUCTED THROUGHOUT MY CAREER IN LAW ENFORCEMENT OR REFERENCES TO THE PARKS AND AREAS IN THE PLAYGROUND. THERE'S INCIDENTS, TONS OF THEM THAT HAPPENED. I HAVEN'T HEARD ANYTHING THIS YEAR, BUT IF WE REALLY GOT DOWN AND GOT INTO THE RECORDS, I'M SURE WE'D FIND SEVERAL ISSUES. I KNOW FOR THE PARKS IN MY DISTRICT, NEEDLES HAVE BEEN LOCATED IN THOSE PLAYGROUND AREAS. AND PARENTS HAVE CALLED US AND HAVE LET US KNOW ABOUT IT. THEY HAVE HAD THESE NEEDLES PICKED UP. THEY HAD TO BE SWEPT IN THE PARKS AND FOUND MORE NEEDLES. YES, THERE'S A VERY, VERY BIG ISSUE WITH ADULTS HANGING OUT AN A PLAYGROUND. AND THIS ORDINANCE IS BASICALLY PROTECTING, WHAT I CONSIDER OUR MOST VULNERABLE, AND THAT'S OUR CHILDREN. THAT'S WHAT WE'RE LOOKING AT HERE IS TRY TO PROTECT THE MOST VULNERABLE IN OUR COMMUNITY AND IN MY OPINION THAT'S OUR CHILDREN. THAT'S WHAT THIS WHOLE ORDINANCE IS ABOUT. PROTECTING THE CHILDREN. THANK YOU. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. SO, I DEFINITELY AGREE THAT THE NEEDLES ARE A HUGE PROBLEM. I DON'T THINK THERE'S ANYTHING IN THIS PART OF THE BILL THAT WOULD KEEP THAT FROM HAPPENING BECAUSE IT DOESN'T SAY THAT NO ONE CAN EVER BE IN THE PLAYGROUND. I DID WANT TO ASK, YOU DO HAVE A LAW THAT YOU CAN'T HAVE OPEN DRUG USE AND LEAVE BEHIND NEEDLES IN PUBLIC PLACES. THAT'S ALREADY ON THE BOOKS. CORRECT? I'LL ASK SOMEONE. CITY ATTORNEY? >> YES, MA'AM, WE DO. >>COUN. FIEBELKORN: THAT'S ALREADY ILLEGAL. I ASSUME THAT WE HAVE LAW THAT SAYS IF HOUR HARASSING OR OR FRIGHTENING CHILDREN THAT'S ILLEGAL SNCH. >> THAT'S CORRECT. >>COUN. FIEBELKORN: THANK YOU. >>COUN. LEWIS: COUNCILORS, ANY OTHER DISCUSSION? AMENDMENT NUMBER THREE. MOVED AND SECONDED. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> PASSES ON A 5-4 VOTE. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I'M GOING TO MOVE FLOOR AMENDMENT NUMBER FIVE. AND THAT IS ON PAGE SEVEN, STARTING ONLINE 18, I WANT TO ADD IN THE RED LANGUAGE ON THE SCREEN. INFORMAL SALES OF OTHER WARES DURING EFFECTS. SHUCH EVENTS SHALL NOT REQUIRE A VENDING PERMIT. PEOPLE WERE CONCERNED AT MY NEIGHBORHOOD PARKS THAT WE HAVE NONPROFIT POP UPS WHERE THEY SELL T SHIRTS OR GREETING CARDS OR WHATEVER. AND THE ORGANIZER GETS THE PERMIT FROM THE PARKS AND REC DEPARTMENT FOR THAT EVENT. EACH INDIVIDUAL DOES NOT. WE WANTED TO CLARIFY THAT WAS NOT REQUIRED FOR THOSE INFORMAL NONPROFIT POPUPS. I'LL MOVE FLOOR AMENDMENT NUMBER FIVE. >>COUN. LEWIS: SECONDED BY COUNCILOR ROGERS. DISCUSSION ON THIS AMENDMENT? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: URGE YOUR SUPPORT. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. CHAMPINE: MR. PRESIDENT. I MAKE A MOTION TO SUSPEND THE RULES TO EXTEND THE MEETING UNTIL 1:30. IT DOESN'T MEAN WE HAVE TO USE ALL THE TIME. >>COUN. FIEBELKORN: SECOND. >>COUN. LEWIS: MOVED AND SECONDED. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON AN 8-1 VOTE. >>COUN. LEWIS: COUNCILOR GROUT WITH ONE MORE AMENDMENT. >>COUN. GROUT: THANK YOU. CAN YOU PUT OUR AMENDMENT UP THERE? AFTER WE HAD OUR TALK ABOUT THE ANIMALS, SERVICE ANIMALS, STAFF WAS ABLE TO CREATE THIS AMENDMENT THAT THE SECTION SHALL NOT APPLY TO ANY SERVICE ANIMALS SUBJECT TO THE PROVISIONS WITH THE AMERICANS WITH DISABILITIES ACT. PRETTY STRAIGHTFORWARD. >>COUN. LEWIS: SECONDED BY COUNCILOR BASSAN. COUNCILORS, THERE'S THE AMENDMENT. ANY QUESTIONS OR DISCUSSION? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. GROUT: I MOVE THE RULES BE SUSPENDED -- >>COUN. LEWIS: I THINK WE DO THIS MOTION. >>COUN. GROUT: MOVE THE RULES BE SUSPENDED FOR O-56 TO BE ADOPTED. THE SAME MEETING IT IS SUBSTITUTED. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR BASSAN. ANY QUESTIONS ON THIS SUSPENSION OF THE RULES? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: NO. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON A 6-3 VOTE. >>COUN. LEWIS: BACK ON THE BILL AS AMENDED FOR FINAL ACTION. ANY DISCUSSION ON THE BILL? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I HAD A QUESTION FOR THE ADMINISTRATION AND I KNOW DR. SENGEL STEPPED OUT. I JUST HEARD COUNCILOR GROUT SAY IN HER REMARKS THAT HE WORKED WITH THE PARKS DEPARTMENT. I'D LIKE TO KNOW IF THAT MEANS THE ADMINISTRATION SUPPORTS THIS BILL? >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, I KNOW THE DIRECTOR -- I KNOW THAT THE DIRECTOR DID WORK AT CERTAIN SECTIONS. THE REPTILES AND OTHER AREAS OF THE BILL. WE HAVEN'T SEEN THIS AMENDMENT SORE THE SUBSTITUTION. WE HAVEN'T GONE THROUGH AND LOOKED AT THE BILL AS AMENDED. >>COUN. FIEBELKORN: SO, CAN YOU TELL ME IF THE ADMINISTRATION SUPPORTED THE ORIGINAL BILL? >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, WE DIDN'T WORK ON A LOT OF THE AREAS OF THE BILL. THERE WERE AREAS THAT WERE PROBLEMATIC THAT WE DID SEE THAT WOULD BE BEST IF THEY WOULD CHANGE. WE JUST WORKED ON THE BILL. >>COUN. FIEBELKORN: I THINK THAT'S A NEW. IT WAS REALLY HARD TO TELL. NO WAS THE ANSWER? >>COUN. LEWIS: I THINK WE DIDN'T KNOW WHAT IT IS. >>COUN. FIEBELKORN: I'D LIKE HIM TO ANSWER THE QUESTION. >> LIKE I SAID, WE HAVEN'T HAD A CHANCE TO LOOK AT THIS COMPLETELY. AND HASN'T HAD A CHANCE TO TALK TO THE PARKS DIRECTOR ABOUT ALL THE AREAS OF THIS. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. THE PARKS DIRECTOR IS THE ONE THAT WROTE THIS FLOOR SUB. IS HE NOT PART OF THE ADMINISTRATION? >> COUNCIL PRESIDENT, COUNCILOR GROUT, YES, HE'S PART OF THE ADMINISTRATION. >>COUN. GROUT: THANK YOU. >>COUN. LEWIS: COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. COUNCILOR PEÑA -- >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. THANK YOU, COUNCILOR CHAMPINE. I JUST -- SAME QUESTION FOR THE ADMINISTRATION. I'D LIKE TO ASK DR. SENGEL, DOES THE ADMINISTRATION SUPPORT THIS BILL? >> MR. PRESIDENT, COUNCILOR PEÑA, THE FLOOR SUB, I DID NOT SEE IT UNTIL THIS EVENING. I WANT TO BE CLEAR THERE ARE MANY THINGS IN THIS THAT WE DO NOT SUPPORT. AND THERE ARE SOME CLARIFICATIONS IN HERE THAT WE THINK ARE USEFUL AROUND REPTILES AND OTHER THINGS. I WANT TO BE CLEAR THERE ARE ITEMS IN HERE THAT WE -- I DIDN'T SEE THESE UNTIL THIS EVENING. AND I'M SURPRISED TO HEAR THAT MR. -- THAT IT'S BEING ATTRIBUTED DIRECTLY TO MR. SIMON. THERE'S OBVIOUSLY SOME IMPROVEMENTS IN THIS BASED UPON A FEW THINGS I'VE BEEN ABLE TO QUICKLY SCAN. THERE ARE ITEMS IN HERE -- >>COUN. LEWIS: CERTAINLY THE ADMINISTRATION DOESN'T HAVE TO SUPPORT THIS OR NOT SUPPORT IT. IF YOU PASS IT BECOMES LAW, THEY HAVE TO CARRY IT OUT. OTHER DISCUSSION ON THE BILL? IT'S BEEN -- IT'S AS AMENDED. FINAL ACTION TONIGHT. COUNCILOR GROUT TO CLOSE. THIS IS O-56. AS AMENDED. CLOSE DISCUSSION. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: NO. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON A 6-3 VOTE. >>COUN. LEWIS: WE'RE GOING TO GO TO O-57. >>COUN. GROUT: O-57 IS ADOPTING NEW ARTICLES IN CHAPTER 15 OF THE REVISED ORDINANCES KNOWN AS THE SHOPPING CART ABANDONMENT PREVENTION. I MOVE DO PASS. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR CHAMPINE. ANYONE SIGNED UP TO SPEAK? >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS COURTNEY FOLLOWED BY MAMA-Z FOLLOWED BY JAYBRUCE. MAMA-Z FOLLOWED BY JAYBRUCE, FOLLOWED BY TAD. JAYBRUCE, FOLLOWED BY RUDOLPH. >> THANK YOU FOR THE OPPORTUNITY TO SPEAK ON THIS MATTER. I'M BRUCE, AND I'M REPRESENTING MYSELF. ALSO THE PRESIDENT OF THE MILE HIGH LITTLE LEAGUE, WHICH OCCUPIES -- PARK. LOCATED NEAR LOMAS AND JUAN TABO. I'VE DISCUSSED THIS ISSUE WITH THE PRESIDENT OF THE OTHER LITTLE LEAGUES THAT OCCUPY PARKS. I'M HERE TO EXPRESS SUPPORT FOR THE ORDINANCE. ABANDONED SHOPPING CARTS ALONG STOLEN CARTS I SEE AROUND ARE A PUBLIC NUISANCE. AND A SAFETY HAZARD. THEY CERTAINLY ARE AT OUR PARK. WE NEED TO DO EVERYTHING WE CAN TO BAN STOLEN SHOPPING CARTS FROM THE CITY. >> RUDOLPH FOLLOWED BY BRANDY ON ZOOM. >> COUNCILOR LEWIS, MEMBERS OF THE COUNCIL, THE WAY WE DO IT IN MIAMI, THERE'S A GUY THAT PICKS UP THE SHOPPING CARTS. AND HE GETS PAID $10 PER SHOPPING CART. AND USUALLY THE HOMELESS DON'T GET A SHOPPING CART. THEY KNOW THEY'RE GOING TO GET IN TROUBLE IF THEY GET THEM SO THEY JUST DON'T. BUT SHOPPING CARTS STILL SHOW UP EVERYWHERE. I SIT DOWN AND I USED TO STUDY. I SIT DOWN IN THE PALM TREE AND WATCH THE WALMART. THERE'S A BUNCH OF LADIES THAT DON'T WANT TO CARRY THEIR STUFF THAT PICK UP THE SHOPPING CART AND TAKE THEM INTO THE APARTMENTS. ARE WE GOING TO PUT THEM IN JAIL? ARE WE GOING TO SEND THEM TO GET TREATMENT. LET'S GET IT TO WHERE IT'S FAIR FOR EVERYONE. LET'S GET THESE BUSINESSES TO PAY FOR SOMEBODY TO PICK UP THE CARTS, $10 A CART. IF THERE'S A HOMELESS GUY THAT HAS A SHOPPING CART, JUST GIVE IT BACK. LET'S LEAVE IT AT THAT. THANK YOU VERY MUCH. >> BRANDY. >> HI. I WANTED TO ECHO THE STATEMENT THAT PEOPLE HAVE MENTIONED EARLIER ABOUT THE CYCLE OF HOMELESSNESS, HOW THIS IS CRIMINALIZING HOMELESSNESS. I WAS ENCOURAGED TO HEAR THAT THE COUNCIL IS SADDENED BY THE SIGHTS AND PLIGHT OF THESE PEOPLE IN OUR COMMUNITY. HOWEVER, I WANT TO POINT OUT THAT THE COUNCILWOMAN HAS VOTED NOT ONCE, NOT TWICE, BUT FIVE TIMES IN THE LAST TWO YEARS AGAINST AFFORDABLE HOUSING IN OUR COMMUNITY. SO, IT IS DIFFICULT TO TAKE THESE STATEMENTS SERIOUSLY WHEN ACTION HAS NOT BEEN TAKEN TO BACK UP THESE STATEMENTS OF DISTRAUGHT AT OUR CITIZENS SUFFERING. WE HEARD EARLIER FROM THE HOUSING INTERSESMENT THE DIRE NEED FOR OUR COMMUNITY TO HOUSING, YET ACTION REFUSES TO BE TAKEN. I ENCOURAGE YOU, LET'S NOT PUNISH THESE PEOPLE. LET'S PROVIDE THEM WHAT THEY NEED, WHICH IS HOUSING. LET'S CHANGE THE ZONING AS A ZONING NEEDS ASSESSMENT REQUIRED. I WANT TO POINT OUT MY HUSBAND IS A HEALTH CARE WORKER AT THE JAIL. AND THE ONE THING THAT JAIL DOES NOT HAVE IS MORE SPACE TO PUT THESE PEOPLE IN. THANK YOU. PLEASE VOTE AGAINST THIS. >>COUN. LEWIS: THIS IS O-57. GENERAL PUBLIC COMMENT, YOU CAN SPEAK ON ANYTHING WE LIKE. WE WOULD LIKE COMMENTS ON THE BILLS TO BE GERMANE. >> NO MORE COMMENTS. >>COUN. LEWIS: ALL RIGHT. I THINK WE HAVE A NUMBER OF AMENDMENTS. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I'LL MOVE FLOOR AMENDMENT NUMBER ONE, WHICH IS COMING ON TO THE SCREEN SOON. ON PAGE TWO, STARTING ON 32 MOVE THE DEFINITION OF ABANDONED CART THAT IT HAS TO BE UNATTENDED FOR EIGHT HOURS. MY RATIONALE WAS WHEN I WAS UNHOUSED AS A TEENAGER I WAS PRIVILEGED BECAUSE I HAD A CAR AND I COULD PUT MY THINGS IN IT. I IMAGINE MYSELF AS AN UNHOUSED PERSON THAT DOES NOT HAVE A CAR AND HAS EVERYTHING I OWN IN A SHOPPER CART AND I HAVE TO GO TO THE BATHROOM OR I HAVE TO GO TO A JOB INTERVIEW OR I HAVE TO GO TO A MEETING WITH MY CASE WORKER. AND I HAVE TO LEAVE MY SHOPPING CART UNATTEND FOR A LITTLE WHILE. AND WE HEAR OVER AND OVER AGAIN THAT DURING THOSE TIMES THOSE CARTS ARE CONFISCATED. >>COUN. FIEBELKORN: I'M HAPPY TO CHANGE THE AMENDMENT THAT HAS THAT EXACT POLICY FOR SHOPPING CARTS. I THINK IT IS REASONABLE TO SAY THAT WE HAVE WAYS OF SEEING IF THERE'S A PERSON IN THE PARK AND THEY SEE A SHOPPING CART ON -- NEAR THE PUBLICLY AVAILABLE BATHROOM WHICH IS UPTOWN TRANSIT CENTER. IF YOU SEE IT PARKED THERE, YOU MARK THE TIME YOU SAW IT. AND IF YOU SEE IT IN EIGHT HOURS, YOU CAN THROW AWAY EVERYONE'S BELONGS. >>COUN. LEWIS: ANY OTHER DISCUSSION? >>COUN. SANCHEZ: THANK YOU. JUST THINKING ABOUT HOW LONG IT TAKES TO GO TO THE DR.'S APPOINTMENT OR BATHROOM, WHY DON'T WE CUT THAT TO MAYBE TWO HOURS? >>COUN. LEWIS: AGAIN. WE HAVE TO PROPOSE ACTUAL MOTIONS. IF YOU WANT TO MAKE A MOTION. POINT TAKEN. >>COUN. FIEBELKORN: MR. PRESIDENT, I WILL POINT OUT THAT JOBS ARE GENERALLY -- WE HAVE MANY PEOPLE THAT ARE UNHOUSED THAT WORK JOBS. AGAIN, REALLY ENCOURAGE THEM ENOUGH TIME TO DO BUSINESS AROUND TOWN BEFORE WE TAKE THEIR BELONGINGS AND THROW THEM IN A TRASH CAN. >>COUN. LEWIS: OTHER DISCUSSION? COUNCILOR BACA. >>COUN. BACA: THANK YOU, MR. PRESIDENT. I HAD A SIMILAR EXPERIENCE TO COUNCILOR FIEBELKORN WHEN I WAS A TEEN. LUCKILY I HAD A CAR. BUT I HAD A LOT OF ISSUES WITH THAT. I'M WITH HER ON THIS ONE. THANK YOU. >>COUN. LEWIS: END OF DISCUSSION. THIS IS AMENDMENT NUMBER ONE. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: [ INAUDIBLE ]. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS ON PAGE THREE, STARTING IN LINE 22, DELETING THE SECTION OF B THAT SAYS THE UNAUTHORIZED POSSESSION OF THE CART IS A PETTY MISDEMEANOR. AND ALSO PAGE FIVE, LINE 23, DELETING THAT SECTION. MY GOAL IS TO REMOVE THE CRIMINALIZATION OF THE UNHOUSED PERSON THAT HAS A CART FOR POSSESSION TO HOLD BELONGINGS. I DON'T BELIEVE IT IS IN THE BEST INTEREST OF THE CITY TO BE ARRESTING PEOPLE WHO HAVE CARTS WITH THEIR BELONGINGS. WE DON'T HAVE ENOUGH OF THEM IN JAIL OR RESOURCES IN APD TO CITE THEM. I THINK THE POINT OF THIS ORDINANCE IS TO MAKE SURE THERE'S SOME RESPONSIBILITY BY THE BUSINESSES WHO HAVE CARTS. AGAIN, CRIMINALIZING THE POSSESSION OF A CART -- I WILL MOVE FLOOR AMENDMENT. >>COUN. LEWIS: SECOND BY COUNCILOR ROGERS. AMENDMENT NUMBER TWO. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: NO. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> PASSES ON A 5-4 VOTE. -- FAILS ON A 4-5. >>COUN. FIEBELKORN: I'LL MOVE FLOOR AMENDMENT NUMBER THREE WHICH IS GOING UP FOR FOLKS TO SEE. THIS IS ON PAGE THREE, BEGINNING ON LINE 7. REPLACING THE PLANNING DEPARTMENT WITH THE SOLID WASTE MANAGEMENT DEPARTMENT. THE RATIONALE FOR THIS IS THAT THE SOLID WASTE MANAGEMENT DEPARTMENT IS ACTUALLY THE ENTITY IN THE CITY GOVERNMENT THAT IS IN CHARGE OF THE SHOPPING CART PROGRAM. SO, IT DID NOT MAKE SENSE TO HAVE THIS AT THE PLANNING DEPARTMENT SINCE THERE'S ALREADY A PROGRAM THERE. I'LL MOVE TLOOR -- FLOOR AMENDMENT NUMBER THREE. >>COUN. LEWIS: SECOND BY COUNCILOR ROGERS. ANY DISCUSSION ON THE AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I'D LIKE TO MOVE AMENDMENT FOUR. THE FIRST TWO THINGS ARE TECHNICAL CORRECTIONS. SHOPPING CART IS DUPLICATIVE. THE THIRD CHANGE IS DELETE THE FEE FOR THE CART OWNER. AND TO ADD IN THE CITY SHALL ASSESS NO FEE FOR THE COLLECTION OR STORAGE OF SHOPPING CARTS. THE CITY SHALL IDENTIFY THE OWNER ON THE CART WITHIN THREE BUSINESS DAYS. IF CART OWNERS SAY THEY WILL NOT RETRIEVE THE CART, OR WILL NOT BE RETRIEVED, THE CART WILL BE DEEMED FORFITTED. >>COUN. GROUT: SECOND. >>COUN. LEWIS: SECOND BY COUNCILOR GROUT. >>COUN. BASSAN: MR. PRESIDENT, I JUST, YOU KNOW, I WORKED ON THIS ORIGINALLY YEARS AGO WITH COUNCILLOR GIBSON. I KNOW COUNCILOR SANCHEZ WORKED ON A SHOPPING CART ORDINANCE. I STRUGGLED WITH SUPPORT FOR THAT. BUSINESSES ARE HAVING THEIR PROPERTY STOLEN. AND WHETHER IT'S A GOOD IN THE STORE OR IT'S WHETHER THE SHOPPING CART, I DON'T THINK WE SHOULD PENALIZE THEM EITHER. >>COUN. LEWIS: COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. JUST A QUESTION FOR THE ADMINISTRATION OR SOLID WASTE, WHAT IS THE -- IS THE CURRENT FEE $20 RIGHT NOW? >> COUNCILOR ROGERS, THE CURRENT FEE WE'RE CHARGING IS $15. THAT WAS BASED ON THE PILOT PROGRAM. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. REMOVING THIS WOULD ALSO REMOVE THAT. IT WOULD STRIKE ALL OF THE CHARGES TO ANY SHOPPING CART OWNER BUSINESS. >> COUNCILOR LEWIS, COUNCILOR ROGERS YES. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. THANK YOU FOR THIS AMENDMENT. I THINK AS A COUNCILOR WHO IS TRYING TO ATTRACT A GROCER TO MY FOOD DESERT, THIS REALLY HELPS. THANK YOU FOR THIS AMENDMENT. >>COUN. LEWIS: DISCUSSION ON THE AMENDMENT? WE'LL GO TO A VOTE. FIRST, COUNCILOR PEÑA. >>COUN. PEÑA: I'D LIKE TO KNOW IF THE ADMINISTRATION SUPPORTS THIS AMENDMENT. IT REALLY JUST CRIMINALIZES THE PERSON WITH THE SHOPPING CART. BUT NOW IT TAKES AWAY THE RESPONSIBILITY OF THE BUSINESS OWNER, IN MY OPINION. IF YOU CAN HELP ME WITH IT, PLEASE. >> COUNCILOR PEÑA, WE HAVE A PROGRAM WE'VE BEEN ADMINISTERING WHICH IS A GOOD PORTION OF THE FIRST PART OF THE BILL AS FAR AS THIS IS JUST MEMORIALIZING IT WITHOUT THE ENFORCEMENT PIECE. OUR BILL THAT WE HAD BROUGHT FORTH EARLIER THIS YEAR DOES NOT HAVE ANYTHING WHEN IT COMES TO ENFORCEMENT OR WHEN IT COMES TO THE OFF-PREMISES POSSESSION OF SHOPPING CARTS. IT'S MAINLY TO WORK WITH THE BUSINESSES AND GET THEM TO GET THEIR OWN PROGRAM IN PLACE. FOR INSTANCE, WE WORKED WITH WALMART AND THEY HAVE THEIR OWN RETRIEVEAL. WE RETRIEVE THEM AND THEY BOUGHT THEM BACK. THEY SAID THEY HAVE THEIR OWN PEOPLE DOING THIS. WE HIRED A COMPANY TO DO THIS AS PART OF OUR PROGRAM. NOW, THE PEOPLE WE USE DO NOT PICK UP WALMART CARTS BECAUSE THEY HAVE SOMEBODY IN PLACE. SO THERE'S NO NEED -- IT'S VERY CLEAR OUR ORDINANCE DIDN'T HAVE ANYTHING TO OFF PREMISES WITH THE CART, BUT NOTHING ON THE ENFORCEMENT SIDE. IT'S THE FIRST PART OF THE BILL. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. IN RESEARCHING SOME OF THE -- THEY'VE TALKED ABOUT ANTI-THEFT TECHNOLOGY SO IT'S NOT ALLOWED TO GO OUTSIDE. FAMILY DOLLAR HAS A BIG HOLE THAT YOU CAN'T GET PAST THEDORE. HAVE WE THOUGHT ABOUT MAYBE PROPOSING SOMETHING LIKE THAT? >> COUNCILOR ROGERS, THE GROCER THAT WE WORKED WITH HAS SOME OF THE ANTI-THEFT WHEEL LOCKING DEVICES. SOME OF THOSE CAN BE BROKEN OFF AND WE SEE THOSE CARTS, THE MOST EFFECTIVE IS THE POLE THAT GOES UP BECAUSE THEY CAN'T GET IT OUT THE STORE. THOSE ARE MOST EFFECTIVE. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. WOULD YOU SUGGEST -- I WOULD LIKE TO MAYBE DO A FRIENDLY AMENDMENT TO ADD THAT INSTEAD. WE NEED THEM TO HAVE SOME TYPE OF ANTI-THEFT TECHNOLOGY? EVEN IF IT'S JUST A POLE. >> COUNCILOR LEWIS, COUNCILOR ROGERS, WE'VE ENCOURAGED THE BUSINESSES THAT WE'VE BEEN WORKING WITH HAVE SOME FORM OF SYSTEM IN PLACE TO TRY AND KEEP THEIR CARTS ON THEIR PROPERTY. >>COUN. GROUT: MR. PRESIDENT. I WANT TO SHARE A STORY. FRIDAY I WAS DOING A LITTLE CHRISTMAS SHOPPING. I WAS AN AT A STORE IN MID-TOWN. AND THE LADY AT THE CHECKOUT CLERK SAID, MA'AM YOU'RE NOT GOING TO BE ABLE TO TAKE THAT CART OUT OF THE STORE. SHE SAID WOULD YOU LIKE HELP OUT. I HAD A COURTESY CLERK WALK OUT WITH ME AND PUT IT IN MY TRUNK. THAT WAS COOL. IT WAS LIKE THE OLD DAYS. IT WAS REALLY NICE TO HAVE. THAT HELPS WITH THAT. IT HAD A POLE TOO. IT WAS TOOL. ON SUNDAY, GROCERIES, AND SAME THING. A GENTLEMAN ASKED A BAGGER WOULD YOU LIKE ME TO HELP YOU WITH THAT. I SAID SURE. HE WAS ROLLING THIS OUT WITH ME BECAUSE I HAD TWO CARTS. AND HIS CART LOCKED UP BECAUSE IT HAD THAT SECURITY THING. HE HAD TO GET THE KEY AND DO IT. THEY DO HAVE THE SYSTEMS. >>COUN. LEWIS: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I AM NOT OKAY WITH AMENDING THIS AMENDMENT TO INCLUDE THAT. THAT BEING SAID, WE LOOKED INTO THIS SEVERAL YEARS AGO. IT IS INCREDIBLY COSTLY TO MANDATE IT FOR EVERY CART TO EITHER HAVE A LOCKING MECHANISM OR POLE ADDED. THAT ALSO IS AN ADDED INCREASE TO THE BUSINESS WHO IS GOING TO ALREADY -- THEY ARE ALREADY TRYING TO PREVENT THEIR MERCHANDISE FROM BEING STOLEN. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I THINK OUR STAFF POINTED OUT IT'S ACTUALLY ALREADY IN THE BILL. IT IS ALREADY IN THERE. >>COUN. LEWIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I DON'T THINK IT'S ALREADY IN THE BILL. IF IT'S IN THE BILL IT'S AN EXTENSION FOR TWO YEARS IF AN OWNER DOES HAVE THE RESTRAINTS THAT INCLUDE THE POLES AND THE ELECTRONIC WHEEL LOCKS. OR PHYSICAL CONSTRAINTS OR CONTINUOUS USE OF COURTESY CLERKS TO ACOMPANY CUSTOMERS. IF YOU'RE A BUSINESS AND YOU'RE GOING TO DO EXPENSIVE THINGS, YOU'RE EXEMPT FROM THIS IN THE FUTURE. >>COUN. LEWIS: AMENDMENT NUMBER FOUR. COUNCILOR BASSAN. >>COUN. BASSAN: URGE YOUR SUPPORT. >>COUN. LEWIS: [ RORN [ ROLL CALL. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: [ INAUDIBLE ]. >>COUN. PEÑA: NO. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> PASSES ON A 6-3 VOTE. >>COUN. LEWIS: COUNCILORS, OTHER AMENDMENTS ? >>COUN. BASSAN: MR. PRESIDENT. I'D LIKE TO MOVE AMENDMENT FIVE. BEGINNING ON PAGE THREE, LINE SEVEN, SUBSECTION THREE AND FOUR AS FOLLOWS. DELETE THE DIRECTING THE PLANNING DEPARTMENT TO CREATE AN ANILINE SHOPPING CART ABANDONMENT PREVENTION PLAN FORM. I WOULD LIKE TO MAKE SURE TO STRIKE-OUT DESCRIPTION OF LOSS PREVENTION MEASURES AND DESCRIPTION OF EMPLOYEE TRAINING ON SHOPPING CART LOSS PREVENTION FOR MANY OF THE SAME REASONS I JUST SAID IN THE PREVIOUS AMENDMENT. I MOVE AMENDMENT FIVE. >>COUN. LEWIS: SECOND BY COUNCILOR CHAMPINE. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. THIS IS A TECHNICAL QUESTION, WOULD WE NEED TO CHANGE THIS TO SOLID WASTE AS WELL INSTEAD OF PLANNING DEPARTMENT? >> MR. PRESIDENT, COUNCILORS, THIS AMENDMENT WAS DRAFTED BF THAT OTHER AMENDMENT PASSED SO THAT WRB -- WOULD BE INCORPED INTO THE FINAL VERSION OF THE BILL. >>COUN. LEWIS: AMENDMENT FIVE. MOVED AND SECONDED. ANY DISCUSSION? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: [ INAUDIBLE ]. >>COUN. PEÑA: NO. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> PASSES ON A 6-3 VOTE. >>COUN. LEWIS: OTHER AMENDMENTS OR DISCUSSION? COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I'D LIKE TO MOVE AMENDMENT SIX. ON PAGE 3, LINE 17, STRIKE SECTION 13-22-1-5. AND RENUMBER SECTIONS. THIS IS ELIMINATING THE REQUIREMENT FOR EACH SHOPPING CART TO HAVE AN IDENTIFICATION SIGN FOR THE SAME REASONS LISTED IN THE TWO PREVIOUS AMENDMENTS. I MAKE A MOTION TO APPROVE. >>COUN. LEWIS: SECOND BY COUNCILOR ROGERS. AMENDMENT NUMBER SIX. DISCUSSION ON THE AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: NO. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: YES. >> PASSES ON A 6-3 VOTE. >>COUN. LEWIS: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I'D LIKE TO MOVE AMENDMENT SERVEP. STRIKE SECTION 13-22-16 AND RENUMBER. SUBSECTION ACCORDINGLY. THE SHOPPING CART ABANDONMENT PREVENTION PLAN FOR A VERY DETAILED PLAN THAT BUSINESSES NEED TO COME UP WITH AND POST AND NOTIFY AND TRAIN. I WOULD LICK TO ELIM THAT I WOULD LIKE TO ELIMINATE THAT FOR THE SAME REASONS IN THE PAST THREE AMENDMENTS. >>COUN. LEWIS: SECOND BY COUNCILOR CHAMPINE. AMENDMENT NUMBER SEVEN. DISCUSSION ON THE AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: NO. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: YES. >> PASSES ON A 7-2 VOTE. SDMRL . >>COUN. LEWIS: BACK ON THE BILL AS AMENDED. QUESTIONS, COMMENTS SOME COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I'VE BEEN GOING THROUGH THE BILL. AND I DIDN'T MAKE IT CLEAR THAT NOW WE HAVE A BILL THAT BASICALLY JUST CRIMINALIZES THE UNHOUSED WHEN THEY'RE CAUGHT WITH A SHOPPING CART. WE'VE TAKEN OUT ALL THE RESPONSIBILITIES FROM BUSINESSES, WHICH I'M FINE WITH BECAUSE I DON'T THINK THAT SHOULD BE IN THERE. I DON'T THINK THIS SHOULD BE THERE EITHER. WE HAVE NOW TAKEN ALL THE RESPONSIBILITY OFF OF BUSINESSES AND MOVED THE ONLY THING IN HERE IS IF YOU ARE UNHOUSED AND YOU'RE CAUGHT WITH A SHOPPING CART, YOU CAN BE CITED. I THINK THAT'S A REALLY SAD STATEMENT AND A REALLY INAPPROPRIATE USE OF LEGISLATION. >>COUN. LEWIS: COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. BASICALLY WHAT COUNCILOR FIEBELKORN SAID, YOU KNOW, THIS REALLY -- THE BILL HAD TWO MAJOR COMPONENTS. ONE OF THEM WAS TO PUT SOME RESPONSIBILITY ON THE BUSINESS OWNERS AND THE OTHER PART OF IT WAS TO PENALIZE PEOPLE FOR -- TO PENALIZE PEOPLE. SO, NOW, WE JUST AMENDED EVERYTHING OUT THAT PUT THE OWNERS -- THE BUSINESS OWNER AND THERE WAS SOME COMMENTS MADE THAT WERE JUST SAYING THAT IT'S REALLY DIFFICULT FOR THE BUSINESS OWNER TO DO THIS AND WHAT KIND OF RESPONSIBILITY. AND WHAT THE COST OF DOING SOME OF THESE THINGS WOULD BE FOR THE BUSINESS OWNER. THERE'S GOING TO BE A COST TO PEOPLE WHO GET A TICKET WHO ARE HOMELESS WHO MAY BE SUFFERING FROM MENTAL ILLNESS, SUBSTANCE ABUSE, MAYBE DON'T HAVE A JOB. WHO GET A TICKET. IT'S GOING TO BE VERY DIFFICULT FOR THEM TO OVERCOME THAT AS WELL. BASICALLY, THE BILL -- TWO-PART BILL GOT STRUCK AND THE ONLY PERSON THAT'S GOING TO BE AFFECTED BY THIS IS SOMEONE WHO IS HOMELESS. SO, THANK YOU. >>COUN. LEWIS: ALL RIGHT. MS. SENGEL. >> MR. PRESIDENT, THANK YOU. SINCE I WAS ASKED SPECIFICALLY HOW WE FELT ABOUT THIS BILL, I WANT TO MAKE SURE WE'RE VERY CLEAR THAT BASED UPON THE CURRENT POSITION OF THIS BILL IT GUTS OUR ABILITY TO WORK WITH BUSINESSES AND ENSURE THEY HAVE ACCOUNTABILITY. WHEN WE WORKED WITH BUSINESSES, WHEN WE HAD A FINE, IT INCENTIVIZED FOR THEM TO THINK ABOUT THEIR OWN RECOVERY. WHICH IS PART OF DOING BUSINESS IN TERMS OF SHOPPING CARTS. YOU CAN LOOK ACROSS THE COUNTRY, WE ARE NOT THE FIRST, OBVIOUSLY, TO WORK WITH LARGE BIG BOX COMPANIES. WALMART MADE IT CLEAR THAT IT CREATED AN INCENTIVE FOR THEM TO COLLECT THEIR CARTS AND DOING SO THROUGH THEIR OWN CONTRACTS. I JUST NEED TO BE CLEAR THAT BASED UPON THE CURRENT CONDITION, EVERY ITEM IS NOT PART OF OUR ORIGINAL PROGRAM. FROM WHAT I CAN TELL. THAT'S BASED UPON THE AMENDMENT ON THE -- IT'S REMOVED ABILITY TO HAVE ANY LEVEL OF WORKING WITH BUSINESSES AND HAVE THEM FEEL THE INCENTIVE TO WORK WITH US. I NEED TO BE VERY CLEAR THAT THIS IS NOT -- THIS WILL END OUR PROGRAM THAT WE HAVE TODAY AND PROBABLY WHERE WE WORKED WITH BUSINESSES TO ATTEMPT TO RECOVER AND FIND A WAY TO ENSURE THE CITY NOT STORING HUNDREDS OF CARTS AND MANAGING THE COST ASSOCIATED WITH THOSE. THANK YOU. >>COUN. LEWIS: COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. HOW DOES THIS END THE PROGRAM? >> MR. PRESIDENT, COUNCILOR CHAMPINE, TODAY WE WORKED WITH BUSINESSES AND COLLECT CARTS. WE CONTACT THEM. THEY COME IN. THEY PAY THE FEE THAT HELPS US SUPPORT THE STAFF THAT ARE OUT COLLECTING THE CARTS. AS YOU ALL REMEMBER, SOLID WASTE IS AN ENTERPRISE FUND. WHEN SOLID WASTE DOES THIS WORK IT IS ABSOLUTELY COMING OUT OF THEIR BUDGET THAT THEY COLLECT THROUGH THEIR FEES SLEW SOLID WASTE. >>COUN. CHAMPINE: BECAUSE WE CAN'T COLLECT A FEE WE'RE NOT GOING TO DO AN OUTREACH PROGRAM? >> THE PROGRAM WE HAVE TODAY WHICH WE WORK WITH THEM AND THEY FEEL INCENTIVIZED, WITH WALMART, WE DON'T HAVE ANY WAY TO CREATE AN INCENTIVE FOR THEM TO WORK WITH US. AT THIS POINT, THEY'LL APPRECIATE THE FREE LABOR AND COLLECTING OF CARTS AND THE COST IT HAS FOR US STORING THEM. >>COUN. CHAMPINE: MR. PRESIDENT, SINCE WE CAN'T FINE A BUSINESS, WE CAN'T WORK WITH THEM? >> MR. PRESIDENT, COUNCILOR CHAMPINE, THAT IS NOT MY STATEMENT. THOSE ARE YOUR WORDS. MY WORDS ARE WE HAVE NO WAY TO INCENTIVIZE FOR THEM TO WORK WITH US. THEY WILL SAY THANKS FOR THE CALL AND WE'LL GET AROUND TO IT WHEN WE HAVE TIME. >>COUN. LEWIS: WE'LL MOVE TO COUNCILOR GROUT. THIS IS O-57 AS AMENDED. >>COUN. GROUT: THERE'S NOT LOT LEFT ON THIS. I DON'T KNOW WHAT TO SAY. IF WE LEFT IT COULD WE STILL COLLECT IT FROM THEM? >> MR. PRESIDENT, COUNCILOR GROUT, I WANT TO ASK A POINT OF CLARIFICATION. >>COUN. GROUT: CAN WE STILL -- CAN CAN THE BUSINESSES STILL COLLECT -- >> MR. PRESIDENT, COUNCILOR GROUT YES. WE WILL -- IF WE ARE COLLECTING CARTS, BUSINESSES CAN STILL RESTREEFB THEIR CARTS FROM US. -- RETRIEVE. >>COUN. GROUT: I DON'T KNOW WHAT -- >> MR. PRESIDENT, COUNCILOR GROUT, IS YOUR QUESTION ABOUT OUR PILOT PROGRAM IF WE DID NOT DO THIS? YES, WE CAN TOP OUR PILOT PROGRAM. WHERE THE CURRENT PROGRAM WE HAVE. IS THAT YOUR QUESTION? MR. PRESIDENT, COUNCILOR GROUT, THIS NEW VERSION WOULD NOT ALLOW THAT. >>COUN. GROUT: MR. PRESIDENT, CAN I ASK COUNCILORS ABOUT WHAT THEY FEEL? >>COUN. LEWIS: WE'LL OPEN IT UP FOR DISCUSSION. IF YOU WANT TO WEIGH IN, WEIGH IN. COUNCILOR SANCHEZ. >> THANK YOU, MR. PRESIDENT. I HAVE A LOT TO DO WITH THE PILOT PROJECT. I LIKE THE WAY IT'S WORKING. WE'RE USED TO IT. THINGS ARE MOVING OKAY WITH IT. I HAVE NOTICED A REDUCTION OF CARTS IN THE STREETS RIGHT NOW. I'M HAPPY WITH THE WAY THINGS ARE RUNNING RIGHT NOW. THAT'S JUST MY COMMENT. >>COUN. LEWIS: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, COUNCILOR GROUT, I GUESS AT THIS POINT WITH WHAT I SEE AND WHAT MY CONSTITUENTS END UP MOSTLY REACHING OUT ABOUT IS THAT WE HAVE BUSINESSES LEAVING TOO. AND IF WE WANT TO INCENTIVIZE BUSINESSES TO BE ABLE TO DO THINGS, WE WANTED TO MAKE SURE THEY HAVE THAT, I THINK WE COULD ALSO INCENTIVIZE THEM BY MAKING SURE THEIR PROPERTY DOESN'T GET STOLEN REGULARLY. INCLUDING THE MERCHANDISE IN THE STORE, BEYOND JUST SHOPPING CARTS. AND WE HAVE TO GET BETTER AT ENFORCING THE LAWS THAT WE HAVE HERE. AND I'M NOT JUST SAYING IT'S ABOUT SHOPPING CARTS. TO ME, I FEEL LIKE WE HAVE BEEN TRYING FOR THE LAST SEVERAL YEARS, AND IT'S NOT GETTING BETTER. AND I REALIZE WE NEED MORE SERVICES, AND I REALIZE WE NEED MORE TREATMENT OPTIONS AND I REALIZE WE NEED MORE HOUSING. BUT AT THE SAME TIME, WE ALSO NEED TO ENFORCE THE LAWS THAT EXIST. TO PROTECT THOSE PEOPLE WHO ARE TRAYING TO PROVIDE A SERVICE FOR OUR COMMUNITY. >>COUN. GROUT: THANK YOU. MR. PRESIDENT, I WOULD LIKE TO WITHDRAW THIS AT THIS TIME. >> MR. PRESIDENT, YOU NEED TO MOVE TO WITHDRAW OR DEFERRAL. THE COUNCILOR NEEDS TO VOTE. >>COUN. LEWIS: LET'S GO TO A VOTE. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: COUNCILOR GROUT, O-58. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. ADOPTING NEW ARTICLE TO THE REVISED ORDINANCES OF ALBUQUERQUE PUBLIC CAMPING. I MOVE DO PASS. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR BASSAN. ANY SPEAKERS ON THIS? WE'LL GO TO PUBLIC COMMENT. >> FIRST SPEAKER IS ANAMI FOLLOWED BY MARSELYN FOLLOWED BY COREY. >> I WANT TO APOLOGIZE FOR THE OUTBURSE EARLIER. AND I WANT TO THANK YOU FOR WITHDRAWING THAT BILL. I NOTICED THIS IS THE FOURTH TIME THIS YEAR THAT YOU TRIED TO EXTEND -- >>COUN. GROUT: I'M NOT CRYING. I NOTICED IT'S THE FOURTH TIME WHERE I GET THE PERCEPTION YOU WERE CRYING WHILE YOU DEFENDED THE BILL. AND I APPRECIATED THAT PERCEPTION THAT I HAD OF YOU. TWO MEETINGS AGO YOU REMINDED EVERYONE THAT YOU HAVE A HEART. IT SUCKS THAT YOUR JOB MAKES YOU HAVE TO DO THAT. IT REALLY DOES. I'VE BEEN TALKING ABOUT THIS ALL YEAR. I'M GOING TO REALLY RUN-OVER. I'VE BEEN TALKING ABOUT THIS ALL YEAR. I DON'T THINK I EMPHASIZED ENOUGH THAT THE REASON WE'RE HERE IS BECAUSE WE LOVE UNHOUSED PEOPLE. WE HAVE UNHOUSED PEOPLE THAT WE LOVE IN OUR LIVES, IN OUR FAMILIES. WE SPEND -- I WOULD RATHER SEE A TENT ON MY WALK TO WORK THAN A DEAD BODY. >>COUN. LEWIS: THANK YOU. >> FOLLOWED BY COREY STONE FOLLOWED BY DR. LISA. >> I'M ONLY GIVING YOU ONE COPY BECAUSE I DON'T TRUST YOU TO READ IT. I'M NOT WASTING PAPER ON YOU. YOU'RE GOING TO NEED IT AFTER O-56 BECAUSE IF YOU LOOK AT CORONADO OR ANY OF THESE PARKS, YOU DON'T MAGICALLY MAKE PEOPLE DISAPPEAR. PEOPLE DON'T WANT TO GO TO YOUR SHELTERS. PEOPLE DIE IN YOUR SHELTERS. PEOPLE FEEL UNSAFE IN YOUR SHELTERS. I ENCOURAGE ANY OF YOU TO GO TO ONE OF YOUR SHELTERS AS A CLIENT AND SEE WHY PEOPLE DON'T DO THAT. YOU'RE NOT GOING TO DO THAT BECAUSE YOU DON'T DO THAT. HONESTLY, I FEEL LIKE YOU DON'T REALLY CARE. YOU CAN SAY -- I UNDERSTAND YOU HAVE -- YOU AND SAY YOUR THOUGHTS AND PRAYERS. YOU CAN SAY SWEETHEART SENTIMENTS, BUT YOUR ACTIONS ARE WHAT SPEAKS AND WE SEE YOUR ACTIONS. WE SEE WHERE YOU STAND. YOU SIT FAR TOO XHAEBL COMFORTABLY UP HERE. YOU WASTE SO MUCH MONEY ON SERVICES THAT DO NOT HELP PEOPLE. YOU CAN TALK ABOUT HOW MUCH MONEY YOU SPENT. I'M GOING TO GO OVER THE TIMER. YOU CAN TALK ABOUT HOW MUCH MONEY YOU SPEND AND ALL THE STUFF YOU DO, BUT IF IT DOESN'T WORK, IF IT'S A BROKEN SYSTEM IT DOES NOT WORK. >>COUN. LEWIS: THANK YOU. THAT'S YOUR TIME. >> COREY FOLLOWED BY DR. LISA. THANK YOU. DR. LISA, COURTNEY, AND JARED. >> THANK YOU. IT'S BEEN LONG NIGHT. I APPRECIATE THAT I GET TO PARTICIPATE IN A DEMOCRACY WHERE WE GET TO HAVE CONVERSATIONS LIKE THIS. THESE ARE VERY DIFFICULT TALKS. I ACKNOWLEDGE THAT THERE ARE DISGUSTING AND GROSSLY INAPPROPRIATE BEHAVIORS THAT OUR NEIGHBORS AND OUR FAMILIES IN POVERTY ARE DISPLAYING IN PUBLIC. ARE THERE CRIMINAL BEHAVIORS HAPPENING? ABSOLUTELY THEY ARE. WITHIN THE BEHAVIORAL SCIENCES, AND SPEAKING AS A BEHAVIOR SPECIALIST, MY ENTIRE CAREER HAS BEEN WITH CHILDREN WHO HAVE CRIMINALLY DOING THINGS THAT ARE HORRENDOUS. AND IT IS VERY IMPORTANT WHEN YOU'RE HELPING PEOPLE CHANGE HABITS AND THEIR THINKING AND BEHAVIORS TO DESCRIBE THE DEHAVIORS. A CHILD THAT THREW A PENCIL OR STABBED SOMEONE, THEY'RE NOT A STABBER. THEY'RE NOT A PENCIL-THROWER, THEY'RE STILL A CHILD. A PERSON WHO IS EXHIBITING INAPPROPRIATE BEHAVIORS IS STILL A PERSON. AND HAVING REASONABLE EXPECTATION IS AN IMPORTANT PART OF THAT BEHAVIOR CHANGING. >>COUN. LEWIS: THANK YOU. >> CHANGING BEHAVIORS MAY TEMPORARY OCCUR AFTER PUNISHMENT OR CONSEQUENCE WHEN WE CORRECT OUR CHILDREN, EXCEPT THE ENTIRE BODY OF SOCIAL LEARNING THEORY AND SELF-SUFFICIENCY -- >>COUN. LEWIS: YOUR TIME IS UP. >> PLEASE, WE'RE NOT GOING TO CHANGE BEHAVIORS BY CRIMINALIZING IT ONLY TEMPORARILY CHANGES. >>COUN. LEWIS: THANK YOU. >> I UNDERSTAND WE HAVE VERY WRONG THINGS. BUT THESE TYPES OF BILLS ARE NOT WORKING. >>COUN. LEWIS: COURTNEY FOLLOWED BY JARED FOLLOWED BY ALICIA. THANK YOU. >> JARED FOLLOWED BY ALICIA FOLLOWED BY MATTHEW. ALICIA FOLLOWED BY MATTHEW, FOLLOWED BY MICHAEL. MATTHEW FOLLOWED BY MICHAEL FOLLOWED BY AIDEN. >> MR. PRESIDENT, COUNCIL MEMBERS, THANK YOU. THERE ARE A COUPLE OF ASSUMPTIONS THAT I HAVE PICKED UP ON HERE THAT I'D LIKE TO ADDRESS. ONE IS THAT WE NEED TO DO SOMETHING WITH THE HOMELESS BECAUSE IT'S SO SCARY. I HAVE TO WORRY ABOUT SAFETY. THAT SEEMS TO BE -- IT'S AN ISSUE BECAUSE HOMELESS PEOPLE DO NOT COMMIT MAJOR CRIME AT HIGH LEVELS. THEIR CRIMES ARE SMALLER AND PETTIER LIKE CAMPING. SHOPLIFTING, TAKING CARTS. CHILDREN ARE NOT ABDUCTED BY HOMELESS PEOPLE, GENERALLY. CHILDREN ARE MORE AT RISK WITH TRUSTED FAMILY MEMBERS AND FRIENDS. THE FACT THAT HOMELESS -- THAT UNHOUSED PEOPLE LOOK SCARY DOES NOT MAKE THEM DANGEROUS. >>COUN. LEWIS: THANK YOU, SIR. >> MICHAEL FOLLOWED BY AIDEN FOLLOWED BY REVEREND BOB. THANK YOU. AIDEN, THANK YOU. ZOE, FOLLOWED BY SARAH, FOLLOWED BY LUZ. >> GOOD EVENING, CITY COUNCIL MEMBERS. THANK YOU FOR YOUR TIME TONIGHT. I'M A PUBLIC HEALTH NURSE HERE IN ALBUQUERQUE. I'M HERE TO OPPOSE O-58. I WORK IN HIV CARE AND HIV PREVENTION. MANY OF MY PATIENTS ARE UNHOUSED. THIS ORDINANCE CRIMINALIZES HOMELESSNESS AND POVERTY. IF PASSED THIS WILL INCREASE THE INCARCERATION RATE. I KNOW FIRST HAND MY PATIENTS RECEIVE WORSE CARE WHEN THEY'RE INCARCERATED. IN THE PAST YEAR ALONE, THE PAST THREE PATIENTS LIVING WITH HIV WHO WERE GIVEN WRONG MEDICATION OR NO MEDICATION. AT THIS TIME NO PATIENT RECEIVES HEPATITIS C TREATMENT. WHAT'S MORE, WHEN PATIENTS DO NOT RECEIVE TREATMENT FOR HIV OR HEPC TRANSMISSION SKYROCKET. I URGE YOU TO VOTE NO. >> TARA FOLLOWED BY BRUCE FOLLOWED BY KENNEDAL. >> JUST BECAUSE PEOPLE COMPLAIN ABOUT THE TENTS DOESN'T MEAN THE TENTS ARE ACTUALLY DANGEROUS. THE GOAL SHOULD ME ACTUAL SAFETY NOT THE PERCEPTION OF IT. THIS WOULD MEAN PREFERENCING THE EMOTIONAL COMFORT OF PEOPLE WHO HAVE REGULAR ACCESS TO EMAIL AND PHONE CALLS AND THE TIME TO MAKE THOSE PHONE CALLS TO COMPLAIN, TO COMPLAIN ABOUT THEIR NEIGHBORS, AND WOULD PREFERENCE OVER THAT THE HEALTH AND WELL BEING AMONG SOME OF THE MOST VULNERABLE AMONG US. POLICE DON'T WORK. YOU KNOW THIS. THE AMA SHOWED ACROSS 23 CITIES THAT FORCED REMOVALS LED TO DRAMATIC INCREASE IN OVERDOSE. THEY PUSH MORE UNHOUSED PEOPLE INTO RESIDENTIAL NEIGHBORHOODS LIKE MINE. THINGS LIKE MORE PUBLIC BATHROOM, PUBLIC HOUSING, MEET THE STATE GOAL OF THIS BILL. LET'S NOT WASTE RESOURCES ON A BILL THAT PACIFY REPEAT CALLERS. IT'S NOT GOING TO DO ANYTHING TO IMPROVE ANYONE'S HEALTH OR SAFETY. THANK YOU. >> BRUCE FOLLOWED BY KENDAL FOLLOWED BY SAMANTHA ON ZOOM. >> HI. I WON'T REPEAT MY INTRODUCTION. I'VE CONTRIBUTED THOUSANDS OF HOURS IN VOLUNTEER TIME. TO FEED, CLOTHE, AND EDUCATE PEOPLE. FOR ALL THE EFFORT TO PICK UP THE NEEDLES, HUMAN WASTE, STOLEN GOODS AND TRASH. THE CHILDREN THAT COME TO A LITTLE LEAGUE PARK AND PLAY IN A CLEAN AND SAFE ENVIRONMENT. AND TO IT'S A REALLY IMPORTANT THING TO ME. CAMPING IN OUR LITTLE LEAGUE PARKS AS A RESULTED IN OVER $40,000 IN DAMAGE IN MY PARK ALONE. AND WAY MORE THAN THAT, IN THE PARK IN THE NORTHEAST HEIGHTS. CAMPING IS NOT ABOUT HURTING THE GRASS, IT'S ABOUT ALL THE DAMAGE THAT THEY DO TO THE VARIOUS STRUCTURES AND INFRASTRUCTURE THAT WE HAVE IN OUR PARKS. THAT YOU GUYS WILL HAVE TO PAY FOR AGAIN. I'LL LEAVE IT THERE AGAIN. I WANT TO MAKE OUR NEIGHBORHOOD SAFER FOR THE KIDS AND EVERYPLACE, THAT INCLUDES THE UNHOUSED. ON A FINAL NOTE, NOT THAT I HAVE A LOT OF VOLUNTEER TIME TO GIVE. I'M HAPPY TO DO ANYTHING I CAN TO HELP WITH THIS ISSUE. >> KENDAL FOLLOW BY SAMANTHA FOLLOWED BY TERRY. >> GOOD MORNING. I'M FROM DISTRICT SIX. I'M HERE TO SPEAK AGAINST THE ORDINANCE BECAUSE IT SEEKS TO FURTHER CRIMINALIZE HOMELESSNESS IN ALBUQUERQUE. MAYOR KELLER SAID THAT WE ARE 5,000 UNHOUSED PEOPLE IN THE COMMUNITY EVERY NIGHT. AND BETWEEN THE CITY AND NONPROFITS ONLY 1800 RECEIVE SERVICES. THAT MEANS 3200 UNHOUSED PEOPLE ARE WITHOUT ANY DILLY SERVICES. IT'S CLEAR FROM THE STATEMENT WE DON'T HAVE ADEQUATE RESOURCES TO SUPPORT THE COMMUNITY MEMBERS. DESTROYING THE CAMPS WILL NOT CREATE MORE SERVICES FOR THEM AND FORCE THEM TO SLEEP IN FREEZING TEMPERATURES. IT DOESN'T ADDRESS THE ROOT PROBLEM WHICH IS LACK OF TEMPORARY AND AFFORDABLE HOUSING. IF THE CITY SAYS WE DON'T HAVE ENOUGH RESOURCES AND THIS AMENDMENT IS PASSED LEADING TO MORE FORCED REMOVAL, THEN WHAT I'M HEARING IS THE CITY IS OKAY WITH OUR UNHOUSED COMMUNITY MEMBERS FREEZING TO DEATH. I ASKED THE CITY COUNCIL TO MOVE FORWARD WITH COMPASSION. WE NEED MORE TIME AND RESOURCES FOR THE UNHOUSED RATHER THAN TAKING AWAY THE FEW RESOURCES THEY HAVE. SAMANTHA FOLLOWED BY TERRY FOLLOWED BY TERRY. >> GOOD MORNING, COUNCILORS. 44% OF THE LOCAL UNSHELTERED ARE INDIGENOUS. YOU CANNOT BE A SQUATTER ON STOLEN LAND. HEAR ME OUT, BY DEFINITION, IT DISPLACEMENT OF AN INDIGENOUS POPULATION BY SETTLERS IS ETHNIC CLEANSIC. REPEAT, THE DISPLACEMENT OF AN INDIGENOUS POPULATION BY SETTLERS IS ETHNIC CLEANSING. THIS BILL SAYS UP TO 90 DAYS IN JAIL FOR FAILURE TO COMPLY. PLEASE HEAR ME, THE INCARCERATION BY SETTLERS OF AN INDIGENOUS POPULATION FOR REFUSAL TO VACATE IS TEXTBOOK ETHNIC CLEANSIC. BE REAL ABOUT IT. COUNCILOR GROUT, YOU'RE RIGHT. WE SPENT HUNDREDS OF MILLIONS TO ASSIST UNSHELTERED. IT'S NOT THEIR FAULT. IT'S TOO SOON TO INTRODUCE THIS ORDINANCE BECAUSE THE CITY IS NOT PREPARED TO ENFORCE THESE THAT WON'T RESULT IN PERSONS. UNTIL WE ADDRESS THAT REALITY, I SAY LET THEM CAMP. UNTIL THE CITY AS HAS ITS OWN SPORT PROGRAMS TOGETHER, LET THEM CAMP. >> TERRY FOLLOWED BY PAULA. >> THANK YOU ONCE AGAIN. I HAD SOME GATEWAY PERSONNEL CONFIRM TO ME THAT THERE ARE MORE UNHOUSED PEOPLE ON THE STREETS OF ALBUQUERQUE THAN THERE ARE BED, PUBLIC AND NONPROFIT. WE KNOW HOUSING UNITS ARE IN SHOURT SUPPLY. WE KNOW WE'RE YEARS AWAY FROM HAVING SUFFICIENT HOUSING. CRIMINALIZING ENCAMPMENTS IS WRONG. I ASK THE CITY COUNCIL TO REVISIT SERIOUSLY THE IDEA OF SANCTIONED ENCAMPMENTS. IT DEALS WITH SECURITY FOR A LOT OF THE UNHOUSED PEOPLE THAT FEEL THEY'RE NOT IN A PLACE WHERE THEY CAN CAN STAY. THERE CAN BE SANITATION BLOCKS OF TOILETS WITH WATER, SHOWERS, AND LAUNDRY FACILITIES. IT WILL TAKE CARE OF SO MANY ISSUES THAT WE'RE TALKING ABOUT NOW IF PEOPLE HAVE A PLACE THEY CAN GO TO THAT THEY FEEL SECURE IN. NO MORE OF THIS THERE MUST BE ONE IN EVERY CITY COUNCIL DISTRICT. MOVE SERIOUSLY TOWARD THINKING OF SANCTIONED ENCAMPMENTS UNTIL WE HAVE ENOUGH HOUSING FOR EVERYONE. THANK YOU. >> PAULA. >> HELLO. >> PLEASE PROCEED. >> GOOD MORNING. I AM URGING THE COUNCIL TO THROW OUT THIS ORDINANCE AS IT'S AGAINST THE UNHOUSED. WE DO NOT NEED TO KEEP CRIMINALIZING UNSHELTERED POPULATION UNTIL THE CITY HAS ADEQUATE RESOURCES TO PROVIDE OTHER OPTIONS. AND THERE AREN'T. AND THEY MAKE IT ILLEGAL TO CAMP IN PUBLIC WHEN THERE'S NOWHERE ELSE FOR OUR UNSHELTERED COMMUNITY TO GO IS UNSHORTSIGHTED AND IRRESPONSIBLE. INCARCERATIONS ARE NOT THE SOLUTIONS. THIS ORDINANCE, AND THE SISTERS 56 57 58. THANK YOU. >> THANK YOU, MR. PRESIDENT. THAT CONCLUDES COMMENT. >>COUN. LEWIS: O-58. MOVED AND SECONDED. THERE'S SOME AMENDMENTS. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. YES, I'LL MOVE FLOOR AMENDMENT NUMBER ONE. WHICH WE'RE GOING TO PUT ON THE SCREEN. IT'S BASICALLY THE SAME AMENDMENT FOR THE ORIGINAL BILL. TAKING OUT THE APPARENT INTENT. I'M NOT SURE THAT'S SOMETHING WE CAN JUDGE. JUST MAKING THAT -- STRIKING OUT THAT PART OF THE SENTENCE THAT SAYS INTENT. I'LL MOVE THAT AMENDMENT. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR ROGERS. DISCUSSION ON THAT AMENDMENT? COUNCILOR GROUT. >>COUN. GROUT: MR. PRESIDENT, THANK YOU. COUNCILOR FIEBELKORN, IF WE ACCEPT THIS AMENDMENT, WOULD YOU BE VOTING IN FAVOR OF THIS ORDINANCE? >>COUN. FIEBELKORN: MR. PRESIDENT, I DON'T THINK YOU EVER ASK PEOPLE HOW TO VOTE. I DON'T KNOW WHY THAT WOULD BE ASKED NOW. >>COUN. GROUT: THANK YOU. >>COUN. LEWIS: FAIR QUESTION. >>COUN. FIEBELKORN: OKAY, MR. PRESIDENT. I WILL ANSWER THAT. I'LL BE ASKING THAT QUESTION A LOT MORE IN THE FUTURE. FYI. SO, I DON'T THINK IT'S RELEVANT BECAUSE I THINK THAT AN ORDINANCE THAT SAYS THE APPARENT INTENT TO DO SOMETHING GIVES APD THE RIGHT TO JUDGE WHAT SOMEONE'S PLANNING TO DO. IT'S NOT MINORITY REPORT. IT'S NOT APPROPRIATE. BUT, NO, I WILL NOT VOTE TO CRIMINALIZE THE HOMELESS IN OUR COMMUNITY. THAT'S SOMETHING I WOULD NEVER, EVER VOTE TO DO. BUT SINCE IT'S LIKELY YOU HAVE THE VOTE, YOU SHOULD MAKE THE ORDINANCE SOMETHING THAT COULD BE ENFORCED. >>COUN. LEWIS: THAT'S A STRAIGHT ANSWER. YOU CAN AMEND ANYTHING YOU LIKE. IF YOU LIKE THIS AMENDMENT, IT MAKES IT MORE COMFORTABLE TO SUPPORT IT. THAT'S GOOD TO KNOW THAT. ANY DISCUSSION ON THE AMENDMENT? MOVED AND SECONDED. COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. VERY SIMILAR. I HAVE A LOT OF RESPECT FOR COUNCILOR GROUT. I CAN'T SUPPORT THIS BILL. VERY SIMILAR. IT JUST CRIMINALIZES SOMEONE FOR CAMPING. SO, MAYBE I'D LIKE TO ASK THE ADMINISTRATION WHERE DO THEY GO? WHERE WOULD WE SEND THEM IF THEY CANNOT CAMP? >> MR. PRESIDENT, COUNCILOR PEÑA, TODAY WE HAVE AN ENCAMPMENT POLICY. WE USE THE SPECIFIC ORDINANCES AND LAWS THAT ARE ALREADY IN PLACE TO ADDRESS SITES WHERE WE HAVE CONCERNS WITH ENCAMPMENT THAT -- WE USE THE CURRENT ORDINANCES AND LAWS TO DO SO. IN THOSE CASES WE OFFER AND GIVE NOTICE TO THE INDIVIDUAL TO LET THEM KNOW BASED ON THEIR LOCATION HOW LONG THEY HAVE TO MOVE FROM THE LOCATION. AND WE OFFER SHELTER AND SERVICES TO THOSE INDIVIDUALS. THAT OFFER IS AFTER WE'VE GIVEN NOTICE DEPENDING ON THE TYPE OF LOCATION IT IS, THEY EITHER HAVE UP TO TWO HOURS, WITH THE NEW ENCAMPMENT POLICY, 24 HOURS OR 36 HOWS TO MOVE FROM THE LOCATION. AND WE'LL COME BACK AND MOVE THE ENCAMPMENT. IT IS IMPORTANT TO NOTE WE DO OFFER, WHEN WE GIVE NOTICE, THE OPPORTUNITY FOR SHELTER AND/OR SERVICES DEPENDING ON WHAT THEY MAY NEED OR WANT. AND WE DO THAT THROUGH ACS AS WELL AS OUR INTERACTION TEAM. AND OUR PARTNERS WHEN THEY JOIN US ON THE FRONT WHEN WE'RE ON THE STREETS. I HOPE THAT ANSWERS YOUR QUESTION, COUNCILOR PEÑA. >>COUN. PEÑA: MR. PRESIDENT, SO, MS. SENGEL, WE ALREADY HAVE A POLICY FOR NO ENCAMPMENTS. SO, IF WE SEE THERE'S AN ENCAMPMENT AT THE PARK, SO WHAT WITH THIS -- BECAUSE WE ALREADY HAVE POLICY AND IT DOES MUCH OF WHAT IT SEEMS PEOPLE WANT DONE, HOW DOES PENALIZING OR CRIMINALIZING PEOPLE FOR CAMPING -- SO WHAT WOULD HAPPEN THERE? PEOPLE JUST DO NOT WANT TO MOVE, THEY WOULD BE CITED? >> MR. PRESIDENT, COUNCILOR PEÑA, I CAN -- I THINK IT'S BEST IF OUR CITY ATTORNEY ANSWERS IT. BUT MY UNDERSTANDING IS THAT AS A PETTY MISDEMEANOR IT WOULD BE A CITATION. >>COUN. LEWIS: OUR CURRENT LAWS REGARDING PUBLIC STANDING IN THIS BILL. >> COUNCIL PRESIDENT, I'M HAPPY TO DO SO. CURRENTLY, WE DO CLEAR ENCAMPMENTS. AND DR. SENGEL DESCRIBED THE NOTICE STEPS WE GO THROUGH. BUT WE DO HAVE A PROGRAM TO CLEAR ENCAMPMENTS FROM PUBLIC PROPERTY. >>COUN. LEWIS: WE DO THAT BECAUSE IT'S ILLEGAL TO CAMP IN PUBLIC PROPERTY? >> COUNCIL PRESIDENT, IT'S NOT. NOT EXACTLY. WE HAVE A NUMBER OF ORDINANCES THAT PROHIBIT CAMPING OR THE OBSTRUCTION OF SIDEWALKS. OR ARTICLES THAT OBSTRUCT SIDEWALKS. WE DON'T HAVE ORDINANCES THAT SAYS NO CAMPING ON CITY PROPERTY. THERE'S AN ORDINANCE THAT SAYS NO CAMPING IN OPEN SPACE. THERE'S ORDINANCE THAT SAYS YOU CANNOT ERECT STRUCTURE IN THE PARK. THERE'S ONE THAT SAYS YOU CANNOT BLOCK SIDEWALKS. BUT THERE'S NOT AN ORDINANCE LIKE THIS ONE THAT JUST SAYS THERE IS NO CAMPING IN PUBLIC SPACES IN THE CITY OF ALBUQUERQUE. THE REASON THAT COULD BE AN ISSUE IS WHAT WE RELY ON INSTEAD, OR CRIMINAL TRESPASS AND WRONGFUL USE OF PUBLIC PROPERTY. AND WHAT THE ISSUE THAT HAS BEEN RAISED IN THE LITIGATION THAT WE'RE STILL IN NOW IS WHETHER THOSE ORDINANCES PROHIBIT, OR WHO IS TRESPASSING AND WHO IS NOT TRESPASSING. WHETHER THERE'S A CLEAR PROHIBITION ON THE CONDUCT WE'RE ATTEMPTING TO ENFORCE. WHAT THIS DOES IS FILLS IN THAT HOLE. IT FILLS THE GAP TO CLARIFY THAT CAMPING IS NOT ALLOWED ANYWHERE. >>COUN. LEWIS: THIS BILL WOULD CERTAINLY GIVING CLARITY TO THE LAW. THERE'S A LOT OF LOOPHOLES OR APPLICATIONS. IT WILL CERTAINLY GIVE CLARITY TO OUR ORDINANCES AND LAWS. >> MR. PRESIDENT, THAT'S CORRECT. IN LITIGATION, ONE OF THE CRITICISMS IS IT'S NOT CLEAR ENOUGH. THAT WOULD PROVIDE SOME CLARITY. >>COUN. LEWIS: IT SEEMS LIKE THE ADMINISTRATION WOULD BE SUPPORTIVE OF THE CLARITY THAT HELPS ENFORCEMENT? >> I CAN'T SPEAK TO THE ADMINISTRATION. I WILL SAY THAT THE PENALTY IS THE SAME PENALTY THAT WE HAVE IN OUR PARKS. OUR ORDINANCE THAT SAYS NO STRUCTURES IN PARK. IT'S THE SAME PENALTY AS NO CAMPING IN OPEN SPACE. IT'S A MISDEMEANOR, REGARDLESS WHICH IS ENFORCEABLE BY CITATIONS UNDER THE McLENDEN SETTLEMENT AGREEMENT. >>COUN. LEWIS: THIS BILL ISN'T ABOUT CRIMINALIZE HOMELESSNESS AND THE CURRENT LAWS ARE NOT, THAT WOULD BE MISINTERPRETED. I THINK MISDEMEANORS, IT'S CALLED A MISDEMEANOR AS WELL. COUNCILOR GROUT. >>COUN. GROUT: MR. PRESIDENT, THANK YOU. MS. KEEFE. WHO WROTE THIS ORDINANCE? >> COUNCILOR GROUT, I WROTE THIS ORDINANCE. >>COUN. GROUT: OKAY. YOU BROUGHT IT TO US. YOU BROUGHT IT TO ME? >> YES. >>COUN. GROUT: WHAT DO YOU THINK OF IT, DR. SENGEL? >> MR. PRESIDENT, COUNCILOR GROUT, I THINK THAT WE HAVE ENFORCED OUR RULES -- I'M SORRY, THE LAWS AND ORDINANCES THROUGH THE ENCAMPMENT THROUGH ASSISTANCE OF CITY ATTORNEY. WE WORK REALLY HARD TO MAKE SURE WE'RE ENFORCING THOSE ORDINANCES AND LAWS, BUT WITH REALLY BALANCINGING THE CIVIL RIGHTS OF THE INDIVIDUALS INVOLVED. THOSE ISSUES ARE REALLY IMPORTANT TO US. IN TERMS OF MAKING SURE WE ARE ARE BALANCINGING HOW WE SUPPORT BOTH THE COMMUNITY THAT'S FRUSTRATED AND THE CIRCUMSTANCES ON ALL SIDES TO BE HONEST WITH YOU. IN THIS CASE, THIS IS SIMILAR TO THE LAWS AS WE HAVE TODAY. I UNDERSTAND MS. KEEFE OBJECTIVE IN WORKING WAYS TO CLARIFY THE LAWS. I THINK WE WOULD SAY THAT TODAY WE ARE -- WE UNDERSTAND IT'S THE COUNCIL'S PREROGATIVE TO MAKE THIS ORDINANCE DECISION. AND THE REALITY OF IT IS THAT THIS IS VERY SIMILAR IN MANY WAYS TO WHAT IS ALREADY ENFORCED ACROSS MANY DIFFERENT POLICIES AND IT'S ADDING A DIFFERENT CHARGE. >>COUN. GROUT: THANK YOU. MR. PRESIDENT, LIKE YOU MENTIONED, PLACES WHERE CAMPING ISN'T ALLOWED IN CITY ORDINANCE IS IN THE IDO. IT TELLS WHERE YOU CAN CAMP. THEY'RE PERMISSIVE IN NON-RESIDENTIAL ZONES. AND TEMPORARY USE AND COMMERCIAL ZONES. THERE IS AN EXCEPTION FOR CHURCHES. ANY CHURCH IN ANY ZONE CAN HOST A SAFE OUTDOOR SPACE. I THINK WE NEED TO GET SOME OF THOSE IF THAT'S WHAT THE LAW SAYS. IT'S IN THE PARKS ORDINANCE, ITS IN THE OPEN SPACE ORDINANCE. NO PERSON SHALL CAMP, AND IN THE TRAFFIC CODE AND CRIMINAL CODE. BUT IT IS NOT DEFINED ANYWHERE. SO, THAT IS WHAT MS. KEEFE WROTE IN ORDINANCE THAT DEFINES WHAT CAMPING IS AND IS NOT. AND THIS ALL CAME OUT OF LITIGATION AND, SO, YOU -- CAMPING, I WILL SAY NOT ALL CAMPS ARE BAD. BUT THERE WERE SEVERAL OF US COUNCILORS THAT WERE AT A LUNCHEON ABOUT A MONTH AGO WHERE OUR D.A. WAS TELLING US ABOUT THE HOMICIDES THAT HAPPENED AND THE SUCCESS THEY HAVE HAD IN PROSECUTING AND FINDING THOSE BAD GUYS AND GALS THE DID THAT. HE DID SAY THAT MANY OF THE HOMICIDES ARE HAPPENING AROUND TENT ENCAMPMENTS. THAT DOES CONCERN ME. SO, I WANT THEM TO BE SAFE. IF WE NEED TO HAVE PLACES DESIGNATED FOR THEM, SO BE IT. WHAT THIS ORDINANCE DOES IS IT DEFINES CAMPING. >>COUN. LEWIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. BACK TO MY AMENDMENT, WHICH IS JUST DUPLICATION OF THE AMENDMENT WE PASSED EARLIER. NOW THAT WE KNOW THIS CAME FROM THE CITY ATTORNEY, I WOULD LIKE TO ASK WHAT IS AN APARENT INTENT AND HOW WOULD YOU JUDGE IT? >> COUNCILOR FIEBELKORN, I DO THINK THE AMENDMENT PROBABLY IS HELPFUL. JUST AS IT WAS PRIOR BILLS AMENDED. I THINK IT'S A BETTER LANGUAGE THAN WHAT'S THERE. THE IDEA THAT INTENT WOULD BE IF THERE'S ENOUGH PERSONAL ITEMS IN A PARTICULAR LOCATION THAT IT APPEARS THAT PERSON IS NOT GOING TO BE LEAVING ANYTHING, EVEN IF THEY HAVEN'T ERECTED A TENT BUT THEY HAVE SO MANY PERSONAL ITEMS AND WE SOMETIMES SEE VERY LARGE COLLECTIONS OF PERSONAL ITEMS WITHIN ENCAMPMENTS. THAT'S WHAT I'M ATTEMPTING TO CAPTURE THROUGH THAT LANGUAGE. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. FOR EXAMPLE, WHEN I GO DOWN TO THE PLAZA FOR AN EVENT, I WENT TO COUNCILOR ROGERS'S AFRICAN-AMERICAN HISTORY MONTH EVENT, AND I HAD MY THREE DOGS AND THREE CHAIRS AND MY PARTNER AND A PICNIC TABLE AND A PICNIC BASKET AND THREE BAGS FOR ALL MY DOGS, THAT COULD BE CONSIDERED AN INTENT TO STAY FOR A LONG TIME. I'M NOT GOING TO SUGGEST THAT ANYONE WOULD EVER TRY TO CITE ME BECAUSE I'M ME. BUT HOW WOULD APD GO ABOUT DISCERNING WHEN IT'S A PRIVILEGED WOMAN LIKE ME WITH A BUNCH OF STUFF AND AN-PRIVILEGED PERSON WITH A BUNCH OF STUFF. >> I THINK THE AMENDMENT WOULD BE HELPFUL. THAT SAID, WE TRUST APD TO MAKE THESE ASSESSMENT ON A DAY-TO-DAY BASIS. THEY DO LOTS OF ASSESSMENTS ALONG THE LINES. THEY DO, WRITE THEIR REPORTS AND GIVE THEIR REASONS. IF YOU'RE AT AN EVENT WHERE CHAIRS YOU WOULD NOT ASSUME THERE'S INTENT TO STAY BEYOND THE EVENT. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. AGAIN, I DON'T THINK WE SHOULD SET LAWS THAT COULD BE INTERPRETED TWO WAYS. ONE WAY FOR PEOPLE THAT LOOK LIKE ME AND WITH AN WAY FOR PEOPLE THAT DON'T. WE DO THIS AND WE GET VERY UPSET WHEN APD INTERPRETS THE LAW OR DIFFERENT PEOPLE DIFFERENT WAYS. AND ALL I'M SAYING, THIS IS NOT A BIG DEAL. THIS IS EXACTLY THE SAME AMENDMENT WE PASSED IN THE OTHER BILL. WE SHOULD NOT BE IN THE BUSINESS OF JUDGING WHAT PEOPLE INTEND TO DO, WE SHOULD JUDGE ON WHAT THEY DO. >>COUN. LEWIS: AMENDMENT NUMBER ONE. I THINK THE ENTIRE BILL HAS AN INTENT TO ACTUALLY IMPROVE THAT. THERE'S A LOT OF VAGUENESS RIGHT NOW. IT IS ILLEGAL TO CAMP ON PUBLIC PROPERTY. AND IT'S JUST NOT REALLY CLEAR, IT'S NOT COMPREHENSIVE AS FAR AS WHAT OUR LANGUAGE GOES. SO OUR CITY ATTORNEY SUGGESTED SOME LANGUAGE THAT WOULD HELP REGARDING DEFENDING SOME OF THE ACTIONS OF THE CITY IN THAT REGARD. I THINK THE STATEMENT AND THE WAY IT'S SET IN THERE GIVES IT MORE CLARITY IN THAT REGARD AS WELL. COUNCILOR PEÑA. >>COUN. PEÑA: MR. PRESIDENT, I DIDN'T WANT TO BE RUDE BUT I STILL HAD THE FLOOR WHEN YOU INTERJECTED IN MY QUESTIONING. >>COUN. LEWIS: TAKE THE FLOOR, COUNCILOR PEÑA. YOU HAVE THE FLOOR. >>COUN. PEÑA: MS. KEEFE, I WAS ASKING, SO NOW THAT I KNOW IT CAME FROM YOU AND SOMETIMES WE NEED TO LEARN THIS INFORMATION IN ADVANCE TO KNOW THAT OUR CITY ATTORNEY IS WORKING ON LEGISLATION THAT CAN BE IMFACTFUL FOR THE ENTIRE CITY. THAT WAY WE CAN ACTUALLY, LIKE WHAT COUNCILOR FIEBELKORN DID, ADD SOME INFORMATION OR SOME CLARIFICATION BECAUSE I THINK THE LEGISLATION BEING WRITTEN THE WAY IT WAS WRITTEN IT WAS CLEAR TO ME SOME OF THE SUGGESTED THOUGHTS THAT COUNCILOR FIEBELKORN HAD, BUT WITH THAT BEING SAID, I JUST WANTED TO SAY IS IT CURRENTLY WE HAVE A POLICY ON CLEARING ENCAMPMENTS. SO, WHEN WE CLEAR ENCAMPMENTS AND WE HAVE SOMEBODY COME OUT AND ASK THEM TO LEAVE AND PROVIDE THEM A SPACE, OR TAKE THEM TO THE SHELTER OR WHAT MAY, HOW MANY CITATIONS HAVE WE ISSUED CURRENTLY? DO YOU KNOW? >> COUNCIL PRESIDENT, COUNCILOR PEÑA, I DON'T KNOW THE ANSWER TO THAT QUESTION. IN GENERAL, WE DON'T ISSUE CITATIONS. WE ISSUE THE NOTICE AND WE COME BACK AND CLEAR THE ENCAMPMENT AFTER THE NOTICE PERIOD. GENERALLY SPEAKING, IF PEOPLE ARE STILL THERE, WE ASK THEM TO LEAVE. WHEN CITATIONS ARE HANDED OUT IT TENDS NOT TO BE NECESSARILY FOR CAMPING OR KIND OF DEFENSE OF THAT NATURE, BUT OTHER OFFENSES THAT APD WITNESSES FOR WARRANTS. >>COUN. PEÑA: MY NEXT QUESTION, MR. PRESIDENT, SO WHEN YOU HAVE ENCAMPMENTS CURRENTLY, WHY DO WE NOW STILL HAVE SOME ENCAMPMENTS THROUGHOUT THE CITY THAT HAVE NOT BEEN MOVED THAT HAVE BEEN THERE FOR QUITE SOME TIME? I WOULD LIKE TO KNOW HOW WOULD THIS LEGISLATION EXPEDITE THAT AND HOW WILL THAT HELP THE CITY TO CITE PEOPLE MORE? I'M JUST WONDERING. >> COUNCILOR PEÑA, I DON'T KNOW THE LEGISLATION DOES THAT. WE DO HAVE POLICY. IT'S REALLY THE POLICY THAT I THINK DRAWS THE CADENCE OF ENCAMPMENT REMOVAL. IT CLARIFIES THE GROUNDS BUT IT DOESN'T SPEAK TO THE FREQUENCY, PROTECTION OF RIGHTS, THE NOTICE REQUIREMENT, ALL OF THAT IS IN POLICY. IT'S REALLY AN ADMINISTRATIVE FUNCTION AND EXECUTIVE FUNCTION IS GOING TO DETERMINE HOW QUICKLY THE ENCAMPMENTS ARE REMOVED. I THINK THAT YOU REALLY NEED SOLID WASTE TO ANSWER YOUR FIRST QUESTION WHICH IS WHY ARE ENCAMPMENTS OUT THERE BECAUSE I KNOW THEY ARE. IT'S A CAPACITY ISSUE. THERE'S A LOT OF ISSUES IN TERMS OF HOW QUICKLY SOLID WASTE CAN GET OUT. >>COUN. PEÑA: IF IT'S A CAPACITY ISSUE, SO HOW WILL THIS DEAL BY ADDING ADDITIONAL CLARIFYING ISSUES. AND FOR THE PENALTIES, HOW? >> COUNCILOR PEÑA, THAT'S NOT REALLY THE GOAL OF THE BILL. THE BILL IS TO CLARIFY THE GRASS. IT'S NOT REALLY ADDRESSING THE EXTENT OF OUR REMOVAL. >>COUN. PEÑA: MR. PRESIDENT, SO, THEN, YOU'RE TALKING ABOUT OTHER OFFENSES. SO, WHEN AN OFFICER OR AN ACS MEMBER GOES THERE AND YOU'RE SAYING MOST OF THE CITATIONS, BECAUSE I'M HEARING THIS, MOST OF THE CITATIONS COMING OUT OF SOME OF THE ENCAMPMENTS FROM POLICE OFFICERS ARE -- THEN YOU FIND FELONY OFFENSES AND PEOPLE WHO MISSED COURT AND WHATEVER THE CASE MAY BE, MISDEMEANOR ISSUES AND ORDER CITATIONS TO ARREST PEOPLE. SO DO YOU THINK BY HAVING AN ENCAMPMENT POLICY THIS REALLY CREATES AN OPPORTUNITY FOR LACK OF A BETTER WAY TO PROFILE BECAUSE THIS REALLY ALLOWS LAW ENFORCEMENT TO GO AND ENGAGE IN THE COMMUNITY AS TO WHERE IF YOU LIVE SOMEWHERE AND LAW ENFORCEMENT -- DOES IT OPENS THE DOOR FOR THESE TYPES OF ENGAGEMENT FOR OFFICERS? >> COUNCILOR PEÑA, I WOULD SAY, FIRST OF ALL, WE DO OUTREACH WITH THE INTERACTION TEAM AND ACS. >>COUN. PEÑA: THANK YOU, MS. KEEFE. THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: OKAY. THE ADMINISTRATION, WE HAVE CURRENT POLICIES. WE HAVE ORDINANCES. WE HAVE LAWS. AND THE ADMINISTRATION HAS A PROGRAM FOR ENCAMPMENTS. THAT'S ENFORCING THOSE. I SEE THIS BILL AS A WAY TO BETTER DEFEND THOSE PROCESSES LEGALLY. I DON'T SEE IT AS ADDING REALLY A NEW POLICY. WE ALREADY HAVE A NEW PROGRAM. CERTAINLY, I THINK IT'S IMPORTANT IN OUR CODES AND ORDINANCES TO CLARIFY AND HAVE A BILL LIKE THIS THAT ALLOWS US TO BE ABLE TO BETTER CLARIFY AND BETTER DEFEND WHAT THE CITY DOING. WE'RE STILL ON THE AMENDMENT. AMENDMENT ONE TO O-58. ANY DISCUSSION TO THE AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: NO. >> PASSES ON AN 8-1 VOTE. >>COUN. LEWIS: BACK ON THE BILL AS AMENDED. COUNCILOR GROUT. >>COUN. GROUT: URGE YOUR SUPPORT. >>COUN. LEWIS: ANY OTHER DISCUSSION ON THE BILL AS AMENDED? COUNCILOR GROUT CLOSED. [ ROLL CALL ]. >>COUN. BACA: NO. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. PEÑA: NO. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: WRES. >>COUN. LEWIS: YES. >> PASSES ON A 5-4 VOTE. >>COUN. LEWIS: O-59. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS AMENDING THE UNIFORM HOUSING CODE TO HAVE COOLING SYSTEMS. I MOVE DO PASS. >>COUN. LEWIS: SECOND BY COUNCILOR ROGERS FOR DO PASS. PUBLIC COMMENT. >> THANK YOU, MR. PRESIDENT. FIRST UP IS MELISSA FOLLOWED BY JOANNA FOLLOWED BY JACK. JOANNA FOLLOWED BY JACK FOLLOWED BY THOMAS. JACK FOLLOWED BY THOMAS FOLLOWED BY RAUL. >> I CHANGED MY OPENING FROM GOOD EVENING TO GOOD MORNING. AS A PROFESSIONAL PROPERTY MANAGER, NONE OF OUR PROPERTY MANAGERS ARE EVER AGAINST PROVIDING COOLING FOR OUR RESIDENTS. IN FACT, IN THE CURRENT MARKET CONDITION, THAT PUTS YOU AT A SIGNIFICANT COMPETITIVE DISADVANTAGE IF YOU DO NOT HAVE COOLERS IN YOUR HOME. I AM HERE TODAY TO SPEAK TO YOU AS A PROFESSIONAL PROPERTY MANAGER BECAUSE A LARGE NUMBER OF OUR SINGLE FAMILY HOMES WERE BUILT IN THE 50s OR LATE 70s. A LOT OF THOSE HOMES HAVE THINGS CALLED WALL HEATERS. THEY HAVE EVAPORATIVE COOLERS. AND TO HAVE TO CONVERT THESE HOMES TO A MUCH MORE EXPENSIVE AND COOLING TYPE OF AIR CONDITIONING WOULD COST ON AVERAGE BETWEEN 24 TO $36,000 BECAUSE OF THEIR UP GRADED ON THEIR ELECTRICAL SYSTEM AND DUCT WORK AND OTHER THINGS. OUR HOMES ARE SINGLE FAMILY HOMES. A LOT OF RENTALS ARE OWNED BY SCHOOL TEACHERS, SINGLE WOMEN, RETIRED PEOPLE THAT USE THAT TO SUPPLEMENT THEIR RETIREMENT. I ASK YOU TO CONSIDER THOSE THINGS AND NOT DO SOMETHING THAT'S GOING TO CAUSE EVEN MORE DRASTIC SHORTAGE OF AFFORDABLE HOUSING IN THE MARKET. >> THOMAS FOLLOWED BY RAULFOLLOW. >> I LIVE IN A HOME THAT DOESN'T HAVE HEATING AND COOLING. AND I'D LIKE SOME AC. I'M ASKING IF I CAN ASK, PLEASE. I HONESTLY WANT TO THANK YOU FOR KEEPING ME WARM ALL NIGHT. THAT'S NICE. YOU KNOW, THANK YOU FOR STAYING UP ALL NIGHT TO LISTEN TO THE COMMUNITY. THAT'S NOT EASY. THANK YOU FOR THE ENTIRE YEAR BEING WILLING TO DO THAT. AND I HOPE NEXT YEAR YOU KEEP PEOPLE WARM AND KEEP PEOPLE COOL. THANK YOU, GUYS. HAPPY NEW YEAR AND MERRY CHRISTMAS. >> RAUL FOLLOWED BY RENÉ FOLLOWED BY IAN. >> GOOD MORNING MEMBERS OF THE CITY COUNCIL. I AM A RENTER. I'M HERE TO SPEAK ON THE BILL. HAVING A COOLING UNIT. YOU HAVE TO GO TO THE ER. MY OWN EXPERIENCE IN THE SUMMER, MY COOLER WASN'T WORKING. I TALKED TO THEM ABOUT THE ISSUE. THEY DIDN'T RESOLVE THE ISSUE. I ASK THAT YOU VOTE FOR THE COOLING BILL TONIGHT. THEY WILL NOT DO ANYTHING ABOUT IT. THANK YOU. >> RENÉ FOLLOWED BY IAN FOLLOWED BY WILLY. IAN FOLLOWED BY WILLY FOLLOWED BY ALAN. WILLY FOLLOWED BY ALAN FOLLOWED BY LENA. ALAN FOLLOWED BY LALA FOLLOWED BY WHITENY ON ZOOM. >> THANK YOU, COUNCIL PRESIDENT AND COUNCIL MEMBERS. I'M THE EXECUTIVE DIRECTOR OF THE APARTMENT ASSOCIATION. WE ABSOLUTELY ARE FOR COOLING. I APPRECIATE THE AMENDMENT THAT WAS MADE IN THE FGO MEETING. THAT REALLY GETS TO WHAT THE BILL NEEDS TO SAY. THE BILL TALKS ABOUT RENTALS AND LOW INCOME, AND THEY'RE INCLUDED. THIS CHANGE IS BEING MADE IN THE HOUSING BUILDING CODE. EVERY SINGLE FAMILY HOME, EVERY DWELLING UNIT IS INCLUDED IN THIS BILL. MY HOUSE IS 70 YEARS OLD AND IT SEEMS WE RESTRICT THE TYPE OF COOLING I WOULD BE ALLOWED TO USE IN MY HOUSE. WE REALLY DON'T DO THAT ON THE HEATING SIDE. YOU CAN HAVE A FURNACE, WALL HEATERS, ALL THAT STUFF. ANY LANGUAGE OUTSIDE OF PROVIDING COOLING, WHICH WE ALL AGREE COOLING IS IMPORTANT, ANYTHING OUTSIDE THAT CAN BE RESTRICTIVE. I THINK STATE LAW ALREADY SAYS IF YOU PROVIDED IT MUST BE MAINTAINED AND SAFE WORKING ORDER. THERE'S NO REAL NEED FOR ANY ADDITIONAL LANGUAGE ON IT. DWLNG BILL NEEDS TO SAY YOU PROVIDE COOLING. THERE'S NO REASON TO OVERCOMPLICATE THE BILL. THANK YOU. >> LAYLA FOLLOWED BY VICTORIA FOLLOWED BY WHITNEY ON ZOOM. >> CAN I HAVE THE OVERHEAD PLEASE? HELLO, THANK YOU. I AM A RENTER. I'VE HAD THE NOT UNCOMMON EXPERIENCE OF MY SWAMP COOLER GOING OUT AND THE PROPERTY MANAGER NOT CONCERNED WITH URGENCY THAT MY HOME WAS BOILING HOT THIS SUMMER. THANKFULLY, MY LANDLORD IS EXTREMELY RESPONSIVE AND GUARANTEED COOLING IN MY LEASE. BUT FOR THOSE RENTERS WHO ARE NOT SO LUCKY, I THINK WE NEED THIS. THE VIDEO SHOWS, AND I'M SHOWING TEXT FROM 350NM THAT SUMMERS ARE GETTING HOTTER. SO THE DAYS IN WHICH THE HEAT INDEX, THAT'S TEMPERATURE PLUS HUMIDITY HAS INCREASED. AND THE DAYS WHERE THE HEAT INDEX IS OVER 90 DEGREES HAS ALSO INCREASED. THE OTHER THING I WANT TO SHARE IS THE -- I'M SORRY. SUMMER NIGHTS, TEMPERATURES HAS ALSO INCREASED. I THINK THIS IS IMPORTANT TO START HERE AT THE BOTTOM. I SHARED THIS -- I TOLD YOU ABOUT THIS AT THE LAST MEETING THAT THE DEPARTMENT OF HEALTH HAS A DASHBOARD ABOUT INFORMATION WITH EMERGENCY DEPARTMENT VISITS RELATED TO HEAT RELATED ILLNESSNESS. THE COLD MONTHS HAVE BEEN BARELY STUDIED. BUT THE HEAT INCREASED YEAR BY YEAR. IN 2021 IT WAS LESS THAN 500, IN 2024 WE'RE CLOSE TO A THOUSAND. WE'RE TALKING ABOUT TWICE THE NUMBER OF PEOPLE GOING TO THE ER WITH HEAT RELATED ILLNESS. THIS IS A PUBLIC HEALTH ISSUE. AND I WANT TO BRING UP THAT EXTREME HEAT IS NOT SELF-COOLING ACROSS COMMUNITIES. IT'S AFFECTING LOW INCOME PEOPLE WITH CHRONIC DISEASES, THE DIZ ABLED, ELDERLY AND ESPECIALLY RENTERS. THAT'S WHY I'M ASKING THAT YOU REQUIRE LANDLORDS TO PROVIDE COOLING IN RENTAL HOUSING. I UNDERSTAND THERE'S AN AMENDMENT THAT WOULD APPLY ELSEWHERE. I THINK IT'S IMPORTANT THAT IT APPLIES TO RENTERS. I ASK THAT YOU PROTECT RENTERS. THANK YOU. >> VICTORIA FOLLOWED BY WHITNEY FOLLOWED BY STEVEN. >> GOOD MORNING. I'M A RENTER. I WAS A RENTER IN COUNCILOR BACA'S DISTRICT. YIEB I'M TRYING TO GET A HOLD OF YOU. I'M GLAD I HAVE YOUR ATTENTION NOW. I WENT WITHOUT AN AIR CONDITIONER FOR OVER A MONTH WITH MANIC MANAGEMENT. 311 WOULD NOT COME OUT AND FIX THE AIR CONDITIONING. I WAS WITHOUT IT FOR A MONTH. I WENT TO THE HOSPITAL FOR HEAT EXHAUSTION. MY PETS WENT TO ANIMAL CLINIC. 311 WOULD NOT COME OUT FOR THIS ISSUE. IT WAS ONLY WHEN I ABATED RENT THAT THEY FIXED THE SWAMP COOLER WITHIN TWO HOURS WHEN WE HAD BEEN GOING BACK AND FORTH FOR OVER A MONTH. I RECENTLY BEEN RETALIATED AGAINST FOR CALLING 311 BECAUSE MY HOME WAS FALLING APART. THE FOUNDATION WAS CRUMBLING AND IN THE MIDDLE OF A HOUSING CRISIS MANAGEMENT STILL ALLOWS HOMES TO DILAPIDATE. >>COUN. LEWIS: THANK YOU. >> WE'RE NOT TALKING ABOUT REFRIGERATED AIR. WE'RE NOT TALKING ABOUT SWAMP COOLING SPECIFICALLY, BUT WHAT DOESN'T WORK IS SAND. I HAVE ARTICLES TO SEND YOU ALL. FANS DON'T WORK. HEALTH AGENCIES GO AGAINST FANS THAT DON'T COOL DOWN BODIES. THANK YOU SO MUCH FOR TAKING THE TIME TO LISTEN TO ME. >>COUN. LEWIS: THANK YOU. >> WE HAVE WHITNEY ON THE PHONE. CAN YOU GO AHEAD AND SPEAK? >> I'M SORRY, WHO? >> STAND BY. WHITENY ON THE PHONE. YOU'RE MUTED, WHITNEY. >> CAN YOU HEAR ME? >> YES, PLEASE GO AHEAD. >> OKAY, GREAT. YEAH, I WILL START BY SAYING IF YOU REMEMBER A SHOW CALLED DEATH VALLEY DAYS I HAVE LIVED THROUGH IT. AND OVER EIGHT WEEKS AND IN TWO YEARS IN A PROPERTY MANAGED BY ARROYO DEL OSO, AND A LARGE PART OF IT WE HAD A WEEK WITHOUT ANY COOLING AT ALL. NO FANS PROVIDED. NOTHING. IN EXCESS OF 120 DEGREES. JUST THIS YEAR, DURING THE SWAMP COOLER CHANGE OVER I GOT OVER 110 DEGREES. AND WE GOT NO RESPONSE. I SENT A NATURE MAGAZINE ARTICLE TO MR. BACA, HE CAN SHARE IT WITH YOU. IT'S NOT HEALTHY TO HAVE THIS HAPPEN. AND I WAS HAVING TO WORK 3 O'CLOCK IN THE MORNING. I LOST OVER $600 WORTH OF FOOD. I HAVE CLOTHING THAT WAS DAMAGED. AND WE HAD OTHER PROBLEMS HERE, BUT IT'S HORRIBLE MANAGEMENT. YOU HAVE TO HAVE COOLING. AND I REALLY WANT TO THANK ALL OF YOU FOR BEING HERE AND TAKING SO MUCH OF IT FROM THE PUBLIC. I REALLY APPRECIATE YOU. AND THANK YOU FOR STAYING UP. I REALLY HOPE WE CAN WORK ON THE LOSS OF HABITABILITY, NOT ONLY WHERE I'M AT BUT IN ALBUQUERQUE. I'D LOVE TO HAVE YOU PICK MY BRAIN FOR ANY SOLUTIONS. THANK YOU. >> STEVEN FOLLOWED BY JANICE FOLLOWED BY ANN. >> THANK YOU, AGAIN, FOR ALLOWING THE TIME TO COMMENT. LISTENING TO EVERYONE'S STORIES IT SOUNDS LIKE THE ISSUE IS TENANT'S RIGHTS. I UNDERSTAND AND RESPECT THE IDEA OF COOLING FOR HOMES. AND IT'S A NOBLE CAUSE. HOWEVER THE RIPPLE EFFECT OF THIS LEGISLATION MAY ACTUALLY NEG-DIVELY IMPACT THE MOST VULNERABLE AND EXACERBATE THE AFFORDABLE HOUSING CRISIS. WE'VE GOT PROGRAMS TO OFFSET THE COSTS OF COOLING SYSTEMS. THIS PLACES THE BURDEN ON PROPERTY OWNERS. PEOPLE LIKE SENIOR CITIZENS WHO CAN'T AFFORD $10,000 TO UPGRADE COOLING. LANDLORDS WITH WILL PASS THIS OFF ON INCREASES. SO THE QUESTION MUST BE ASKED, DO WE INCREASE THE COST OF LIVING CREATING MORE UNHOUSED PEOPLE IN OUR CITY OR VOTE DOWN THIS MEASURE THAT WOULD KEEP THE MOST VULNERABLE HOUSED WHILE WE DETERMINE A BETTER WAY AND A BETTER SOLUTION? HOUSING IS A MORE IMPORTANT HUMAN RIGHT THAN COOLING. I ASK THE COUNCIL VOTE NO TO BETTER ADDRESS THE RIPPLE EFFECTS IT WILL HAVE ON THE MOST VULNERABLE AND BETTER ADDRESS THESE PROBLEMS HEAD ON. THANK YOU. >> JANICE FOLLOWED BY ANN FOLLOWED BY MOE. >> I AM ONE OF SEVERAL WHO HAVE BEEN IN THE SUMMER TIME WITHOUT ACCESS TO INDOOR COOLING AS A RENTER. I AGREE THAT IT'S A SERIOUS ISSUE, ESPECIALLY AS TEMPERATURE EXTREMES TEND TO BE BECOME FREQUENT. WE ALSO KNOW THAT SPECIFIC POPULATIONS ARE DISPROPORTIONATELY AFFECTED BY EXTREME WEATHER CONDITIONS. LOOKING SPECIFICALLY AT HEAT, PEOPLE WHO HAVE A DIAGNOSIS OF SCHIZOPHRENIA PHYSICALLY HAVE LESS ABILITY TO REGULATE BODY TEMPERATURE. AND PEOPLE AS THEY AGE LOSE THE ABILITY TO REGULATE BODY TEMPERATURE. PERSONALLY, I THINK IT'S A GOOD IDEA TO INCLUDE A TEMPERATURE THRESHOLD OR LOWER AS LANGUAGE ORIGINALLY DID TO ENSURE THE INDOOR TEMPERATURES ARE SOMETHING THAT ARE TOLERABLE FOR PEOPLE WHO ARE INSIDE. I WAS REALLY EXCITED TO SEE THE CITY'S PLAN FOR WINTER AND HOPE THERE'S EQUIVALENT A SHELTER PLAN FOR THE SUMMER TIME AS WELL. THANK YOU. >> ANN FOLLOWED BY MOE. >> GOOD MORNING, PRESIDENT, COUNCIL MEMBERS. I AM THE CEO OF POSPARITY WORKS. I ASK YOU TO AMEND THE CODE TO REQUIRE COOLING SYSTEM FOR THE COMMUNITY. LIVABLE HOUSING IS THE FOUNDATION OF A HEALTHY COMMUNITY. THIS PAST YEAR, WE MET AN ELDERLY NEIGHBOR THAT WAS TRANSPORTED BY AMBULANCE BECAUSE OF HEATSTROKE. AFTER IMPROVERMENTS TO THE HOME SHE DIDN'T NEED TO GO TO THE EMERGENCY ROOM THIS SUMMER. AIR CONDITIONING IS NOT A LUXURY WITH THE HIGH TEMPERATURES WE EXPERIENCE IN ALBUQUERQUE. AS OUR COMMUNITIES CONTINUE TO GET WARMER EACH SUMMER, WE HAVE A RESPONSIBILITY TO ENSURE HEALTHY LIVING ENVIRONMENTS FOR PEOPLE LIVING HERE. COOLING INCLUDES THINGS LIKE SWAMP COOLERS OR CENTRAL AIR CONDITIONING. I URGE YOUR SUPPORT TO INCLUDE COOLING SYSTEMS IN THE HOUSING CODE. THANK YOU. >> MOE FOLLOWED BY ROBERTA. >> YES, HI. MY NAME IS MOE. I AM A MEMBER OF OLE IN SUPPORT OF BILL O-24-59. I WAS AT THE COUPLE OF LAST MEETINGS. I JUST CAME HERE TO SAY BOTH ME AND MY MOTHER HAVE BEEN HAVING COOLING SYSTEM PROBLEM FOR THE PAST OF YEARS. EVERY APARTMENT WE HAVE BEEN AT WE HAD OLD SWAMP COOLERS THAT ARE CONSTANTLY GOING OUT. HER COOLING SYSTEM DOESN'T BLOW OUT AIR. YOU CAN BARELY FEEL IT. EVEN WITH YOUR HAND UP TO THE VENT. THE AIR IS NEVER COOL, LET ALONE COOLED. I HAD TO GET AN EXTRA AIR CUP CONDITIONER TO KEEP HER APARTMENT COOL. I WAS ASTHMATIC AS A KID AND GOT BETTER AS AN ADULT, WITHIN THE PAST COUPLE YEARS I STARTED WAKING UP GASPING FOR AIR LIKE WHEN I WAS A KID BEFORE HAVING AN ATTACK. THIS ONLY HAPPENS WHEN SLEEPING AT THIS APARTMENT. PLEASE VOTE YES ON O-59 AND YOU WILL BE HELPING A LOT OF PEOPLE SUFFERING NEEDLESSLY. THANK YOU. >> ROBERTA. >> HELLO, CAN YOU HEAR ME? >> WE CAN HEAR YOU. >> I DON'T UNDERSTAND HOW COOLING IS A LUXURY THAT WE NEED TO VOTE ON. PERSONALLY, I HAVE LUPUS. SO IF I DON'T HAVE AIR CONDITIONING, I'M IN THE HOSPITAL. I GREW UP IN CARLSBAD, NEW MEXICO. AND IT WAS ALWAYS LIKE DURING THE SUMMERS LIKE 110, 115, THE HIGHEST IT GOT WAS 117. I HAD A SWAMP COOLER AND I WAS STILL GETTING SICK. I WAS STILL -- MY LUPUS WAS STILL GETTING ME SICK. I WAS STILL IN THE HOSPITAL AND EVERYTHING. NOW, I'M VERY LUCKY I LIVE IN AN APARTMENT WITH CENTRAL COOLING. I DON'T GET SICK AS OFTEN. EVEN IF I GO OUTSIDE DURING THE SUMMER, MY FACE GETS BRIGHT RED, I GET SWOLLEN, I GET BUMPS ALL OVER MY ARMS. I'M ALWAYS HAVING TO BE INSIDE. IF I DIDN'T HAVE AIR CONDITIONING, HONESTLY, THE HEAT AND THE SUN IS LIKE THE WORST THING FOR LUPUS AND PEOPLE DO DIE FROM IT. PLUS, MY DAD WOULD GET SO HOT THAT HE HAD FIVE HEATSTROKES JUST FROM THE HEAT HE LIVED IN AN RV. HE DIDN'T HAVE AIR CONDITIONING OR ANYTHING. HE HAD FANS. BUT HE HAD SIX HEATSTROKES. AND IT'S JUST TOO HOT OUTSIDE. WE NEED TO BE ABLE TO COME INSIDE AND ENJOY OUR AIR CONDITIONING TO CALM US DOWN SO WE DON'T HAVE HEALTH PROBLEMS. I DON'T UNDERSTAND HOW AIR CONDITIONING CAN BE A LUXURY THAT EITHER YOU CAN AFFORD IT OR YOU CAN HAVE IT OR YOU DON'T. IF YOU CAN PLEASE PASS THIS BILL, IT WOULD BE VERY MUCH APPRECIATED BY VERY MANY PEOPLE THAT DON'T EVEN KNOW ABOUT THIS BILL THAT'S GOING TO BE PASSED. I DIDN'T KNOW ABOUT IT UNTIL SOMEONE CAME AND KNOCKED ON MY DOOR. THERE'S PLENTY OF PEOPLE THAT DON'T EVEN KNOW WHAT'S GOING ON RIGHT NOW. THANK YOU FOR YOUR TIME. >> THANK YOU, MR. PRESIDENT, THAT CONCLUDES COMMENT. >>COUN. LEWIS: WE'RE ON O-59. GO BACK TO THE SPONSOR. COUNCILOR ROGERS. >>COUN. ROGERS: I JUST WANTED TO MAKE SURE WE DIDN'T FORGET A PUBLIC COMMENTER. JUSTIN IS IN THE ROOM. >> GO AHEAD, JUSTIN. >> THANK YOU FOR BEING UP THIS LATE, THIS EARLY. THIS IS AN IMPORTANT BILL BECAUSE IF YOU SAW THE LAST GRAPH THAT LAYLA SHOWED, IT WAS ILLUSTRATIVE OF HOW IN THE LAST THREE YEARS, THE NUMBER OF ER VISITS DOUBLED. WE OBSERVE WHAT'S HAPPENING AND WE CAN EXPECT THAT TO KEEP CLIMBING. I THINK THERE MAY BE THINGS TO WORK OUT ABOUT THIS BILL LIKE WHAT THE TEMPERATURE NEEDS TO BE AND WORKING EVAPORATED COOLERS. I DON'T WANT YOU TO LEAN TOO FAR INTO HELPING OUT THE LANDLORDS. TAX BREAKS, BUT AS WAS SAID, PRICE OF HOUSING AND RENTALS HAVE GONE UP EVERYTHING YEARS. WORK IT OUT HOW YOU NEED TO. BUT PLEASE DON'T LET THIS BILL DIE TONIGHT. IF WE NEED TO REVISIT IT, I WANT IT TO COME BACK BEFORE IT GETS HOTTER. THANK YOU. >>COUN. LEWIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I BELIEVE THE FIRST AMENDMENT IS ACTUALLY COUNCILOR BACA. >>COUN. LEWIS: COUNCILOR BACA AND COUNCILOR ROGERS. >>COUN. BACA: THANK YOU, MR. PRESIDENT. I HEARD FROM LOT OF PEOPLE ON THIS BILL. ON BOTH SIDES OF IT. AND WE DO GET QUITE A BIT OF QUALS ABOUT HEATING -- I'M SORRY, COOLING OR LACK OF COOLING. THIS IS A SMALL THING. ESPECIALLY GIVEN THE TEMPERATURES ARE STEADILY INCREASING. THIS AMENDMENT IS JUST TO CLARIFY THAT THERE ARE MULTIPLE WAYS OF COOLING A PLACE. WINDOW UNIT IS COMPLETELY REASONABLE A SMALL HOME. SPLITS ARE GREAT. THEY'RE JUST OPTIONS. IT IS LEGITIMATE USE AS WELL FOR OUR LANDLORDS. MYSELF BEING ONE. WE DON'T WANT TO HURT THEM EITHER. THIS CLARIFIES IT. IT TALKS ABOUT AFFORDABLE SYSTEMS, THOSE ARE TEMPORARY. THEY DON'T SATISFY FOR A FULL-TIME UNIT. JUST CLARIFYING AND TRYING TO BE REEZABLE. COOLING IS NEEDED. COUNCILOR ROGERS, DO YOU HAVE ANYTHING ELSE? >>COUN. ROGERS: THANK YOU, COUNCILOR BACA. FOR ME, I OWN IN A HOME THAT WAS BUILT IN THE 60s AND HAS ONE SWAMP COOLER IN THE MIDDLE OF THE HALLWAY. NO DUCTS TO CARRY THAT AIR INTO THE OTHER ROOM. AND IT STILL WORKS WELL. FOR ME, SIGNING ON TO THIS AMENDMENT SPECIFIES WHAT IS AN ACCEPTABLE COOLING FACILITY AND WHAT IS NOT AN ACCEPTABLE COOLING FACILITY BASED ON THE FEEDBACK WE RECEIVED. PERSONALLY, I KNOW IT HOW IT FEELS WHEN A SWAMP COOLER ISN'T AS GREAT WHEN IT'S 110 DEGREES, BUT IT IS AT LEAST SOMETHING. I THINK THAT'S THE RESPONSIBILITY. >>COUN. BACA: MOTION TO APPROVE THE AMENDMENT. >>COUN. LEWIS: AMENDMENTS MOVED. SECOND BY COUNCILOR ROGERS. AMENDMENT NUMBER ONE TO O-55. DISCUSSION ON THIS BILL? I GUESS, YOU KNOW, FIRST OF ALL SOME CLARIFICATION. THE BLUE LINE THAT'S ON THIS AMENDMENT, THAT IS -- THE BLUE IS WHAT THE -- HOW THE BILL WAS AMENDED IN THE FGO. THAT'S HOW THE BILL STANDS RIGHT NOW. THIS AMENDMENT STRIKES SOME OF THAT LANGUAGE THAT WAS IN THE FGO AND ADDS CLARIFYING. IT DOES SAY PORTABLE AC SYSTEMS AND I GUESS WANT TO DEFINE THAT. THERE ARE -- I GUESS YOU COULD CALL IT PORTABLE, BUT AC SYSTEMS THAT ARE MORE WITH THE ABILITY TO BE ABLE TO PUT IT IN THE WINDOW AND SEVERAL OF THOSE IN A HOME TO PROVIDE ENOUGH COOLING. RATHER THAN A $15,000 SYSTEM THAT WAS PUT IN. IT WOULD REALLY BE A STEP UP PROBABLY FROM A SWAMP COOLER. SEVERAL PORTABLE AC UNITS. THE WAY THEY MAKE THOSE THESE DAYS, THEY WOULD PROVIDE A LOT MORE COOLING THAN A SWAMP COOLER THAT IS ATTACHED. MAYBE WE NEED SOME CLARIFICATION OR TAKE THAT OUT. I WOULD RECOMMEND THAT. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I JUST WANT TO CLARIFY THE BLUE STRIKE-OUT ARE WHAT WE STRUCK OUT IN FGO. SO, THAT IS ALREADY STRUCK FROM THE BILL. AND THE RED IS THE ADDITION. AND I WILL ALSO ADD THAT WINDOW UNITS ARE INCLUDED IN THE ALLOWABLE COOLING FACILITIES IN THIS PROPOSAL. >>COUN. LEWIS: IT DOES SAY NOT ACCEPTABLE -- [ INAUDIBLE ] I GUESS WINDOW UNITS TO ME -- >>COUN. ROGERS: I ASKED THAT SAME QUESTION. A WINDOW UNIT HAS TO BE MOUNTED. IT NEEDS TO BE PHYSICALLY MOUNTED TO THE WINDOW. IT IS AN ACCEPTABLE COOLING FACILITY IF THEY DO INSTALL WINDOW UNITS. PORTABLE, FOR INSTANCE, I HAVE ONE WALL HEATER IN THE HALLWAY. I HAVE TO USE PORTABLE HEATERS, LET'S SAY IN MY MASTER BEADROOM WHICH IS FAR FROM THE WALL HEATER BECAUSE IT DOESN'T GET HEAT. IT'S IN ADDITION TO WHAT I ALREADY HAVE. >>COUN. LEWIS: COUNCILORS, ANY OTHER DISCUSSION? AMENDMENT NUMBER ONE. ANYTHING ELSE TO CLOSE? >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I URGE YOUR SUPPORT. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: NO. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: [ INAUDIBLE ]. >>COUN. PEÑA: [ INAUDIBLE ]. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: YES. THAT PASSES ON A 6-3 VOTE. >>COUN. LEWIS: NEXT AMENDMENT. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I MOVE FLOOR AMENDMENT NUMBER TWO. BEGINNING ON PAGE TWO LINE 26 ADD IN THE SENTENCE AT THE BOTTOM. THESE TYPES OF COOLING FACILITIES MAY ONLY BE USED ON SOLE SORT OF COOLING ON A TEMPORARY. MY CONCERN IS THE WORDING OF THE AMENDMENT THAT WAS JUST PASSED DOES NOT CLARIFY THAT A LANDLORD COULD USE TEMPORARY UNITS IF THEY'RE HAVING SOMETHING FIXED. I JUST WANT TO MAKE SURE THAT LANDLORDS ARE NEVER IN TROUBLE FOR PROVIDING A TEMPORARY FIX WHILE THEY ARE WORKING ON A LONG-TERM FIX. I'LL MOVE THAT AMENDMENT NUMBER TWO. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR ROGERS. DISCUSSION ON THE AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: [ INAUDIBLE ]. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: YES. >> PASSES ON AN 8-1 VOTE. >>COUN. LEWIS: AMENDMENT NUMBER THREE. PROPOSED BY COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. FLOOR AMENDMENT NUMBER THREE. BEGINNING ON PAGE TWO LINE 26, IT IS ON THE SCREEN. I WOULD PROPOSE ADDING IN THE SENTENCE COOLING FACILITIES SHALL BE INSTALLED AND MAINTAINED IN A SAFE CONDITION WITH THE MECHANICAL CODE AS ADOPTED. OBVIOUSLY, THIS IS JUST TO MAKE SURE WE CAN HELP THE FOLKS WE'VE HEARD FROM AT FGO AND AGAIN TONIGHT THAT THEY HAVE UNITS THAT ARE NOT ALWAYS FUNCTIONING AND THAT IS A SERIOUS PROBLEM AS WELL. SO, JUST MAKING THAT CLARIFICATION IS THE POINT OF THIS. I WILL MOVE THAT FLOOR AMENDMENT NUMBER THREE. >>COUN. LEWIS: SECOND BY COUNCILOR ROGERS. WE HAVE A CURRENT CODE REGARDING THIS. IT'S ALREADY IN PLACE RIGHT NOW. >>COUN. FIEBELKORN: MR. CHAIR, IT WAS IN THE ORIGINAL BILL AND IT WAS REMOVED IN FGO. I'M ADDING IT BACK. >>COUN. LEWIS: IS THERE ALREADY AN ORDINANCE -- DO WE ALREADY FOLLOW THAT ENFORCEMENT OF THAT WITHOUT THIS BILL? >> MR. PRESIDENT, YES, WE ADOPTED THE NEW MEXICO MECHANICAL CODE. THIS IS APPLICABLE TO A CROSS REFERENCE WITHIN THE UNIFORM HOUSING CODE TO HAVE IT ALL IN ONE PLACE. >>COUN. LEWIS: I DON'T DISAGREE WITH IT. -- COUNCILOR CHAMPINE. >>COUN. CHAMPINE: IT'S REPEATED IN THE NEW MEXICO UNIFORM CODE OF RESIDENT ACT 47-8-24 MAINTAINING GOOD AND SAFE WORKING ORDER, CONDITION, ELECTRICAL, HEATING, AIR CONDITIONING, AND OTHER FACILITIES AND ELEVATORS IF APPLIED. >>COUN. LEWIS: ANY DISCUSSION ON THE AMENDMENT? [ ROLL CALL ]. >>COUN. BACA: NO. >>COUN. BASSAN: NO. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> THAT FAILS ON A 3-6 VOTE. >>COUN. CHAMPINE: MR. PRESIDENT, IF I CAN MAKE A MOTION TO SUSPEND THE RULES TO EXTEND THE MEETING TO 3:30. >>COUN. FIEBELKORN: SECOND. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR FIEBELKORN. DISCUSSION ON THE MOTION? [ ROLL CALL ]. >>COUN. BACA: [ INAUDIBLE ]. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES ON AN 8-1 VOTE. >>COUN. LEWIS: ALL RIGHT. GRAB A BLANKET AND PILLOW AND CONTINUE ON. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. MOVE FLOOR AMENDMENT NUMBER FOUR. THIS IS, AS YOU CAN SEE, IT'S ADDING IN WHAT WAS THE ORIGINAL INTENT OF THE WHILE WHICH IS THIS IS FOR RESIDENTIAL REPRESENTAL PROPERTY ONLY. I'M FINE WITH IT BEING FOR EVERYONE, I WANTED TO HAVE A CONVERSATION HERE AT COUNCIL BECAUSE I'M ONLY REALLY CONCERNED ON TENANTS. I THINK IF YOU CAN AFFORD TO BUY A HOUSE IN THIS DAY AND AGE YOU CAN AFFORD TO PUT IN YOUR OWN COOLING UNIT. IF THAT'S THE WILL OF THE COUNCIL, I'M FINE. I JUST WANT TO HAVE THE CONVERSATION AND CHOSE WHAT THE COUNCIL WANTED. I'LL MOVE FLOOR AMENDMENT NUMBER ONE. >>COUN. LEWIS: SECOND BY COUNCILOR ROGERS. ANY DISCUSSION ON THIS AMENDMENT? AMENDMENT NUMBER FOUR. >>COUN. BASSAN: MR. PRESIDENT, THIS IS SOMETHING THAT CAN BE DONE AT A CITY LEVEL, OR THIS IS SOMETHING THAT NEEDS TO BE AMENDED AT THE CITY LEVEL? >> MR. PRESIDENT, COUNCILOR BASSAN, WE ARE ALLOWED TO ADOPT OUR OWN HOUSING CODE AT THE CITY LEVEL. THAT'S ACTUALLY INCLUDED IN THE STATE STATUTE REGARDING RENTAL PROPERTIES. SO WE CAN ADOPT OUR OWN REQUIREMENT FOR COOLING AT THE CITY LEVEL. IT DOES REQUIRE THAT IF THE STATE LAW DOES ALREADY REQUIRE THAT AIR CONDITIONING IF PROVIDED BE MAINTAINED AND WORKING ORDER. BUT IT'S NOT A REQUIREMENT THAT AIR CONDITIONING BE IN PLACE. IT ALSO DOESN'T ALLOW THE CITY TO ENFORCE ON THAT STATE LEVEL LAW. WITHOUT OUR OWN CITY LEVEL LAW. >>COUN. LEWIS: OTHER DISCUSSION? COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I GUESS I WOULD LIKE TO POSE THE QUESTION, WHY NOT FOR EVERYBODY? WHAT DOES IT MEAN IF YOU'RE BUILDING A NEW SINGLE FAMILY HOME THAT THEY HAVE TO PROVIDE SOME TYPE OF -- EVEN FOR HOMEOWNERS. >>. >>COUN. FIEBELKORN: MR. PRESIDENT, THANK YOU. I'M NOT CONCERNED ABOUT PEOPLE THAT CAN AFFORD A HOME IN THIS MARKET. MY ORIGINAL INTENT WAS TO HELP TENANTS. IF THE COUNCIL WANTS TO PROVIDE THIS PROTECTION FOR EVERYBODY, I'M ALL ABOUT IT. I JUST WANTED TO MAKE SURE BECAUSE IT WAS UNCLEAR TO ME IN FGO THAT WAS REALLY THE INTENT OF SOME OF THE FOLKS THAT PUT FORWARD COMMENTS AND CHANGES IF WE WANT TO MAKE IT FOR EVERYONE OR RENTERS. >>COUN. LEWIS: DISCUSSION ON THE AMENDMENT. AMENDMENT NUMBER FOUR. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: NO. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. PEÑA: NO. >>COUN. ROGERS: NO. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> FAILS ON A 2-7 VOTE. >>COUN. LEWIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I HAVE NO MORE AMENDMENTS. I CAN ANSWER ANY QUESTIONS ABOUT THE BILL. >>COUN. LEWIS: THERE'S ONE MORE HERE. DID YOU SKIP ONE? >>COUN. FIEBELKORN: SKIP IT. >>COUN. LEWIS: ANY OTHER AMENDMENTS? MOTIONS ON THE BILL? WE'RE BACK ON THE BILL AS AMENDED. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I WILL NOT GO OVER ALL THE REASONS THAT WE SHOULD PASS THIS BILL. I LEAVE IT AS COOLING IS A BASIC HUMAN NECESSITY AND I URGE YOUR SUPPORT. >>COUN. LEWIS: ALL RIGHT. GO BACK TO COUNCILOR CHAMPINE. DID WE CLOSE THEN? WE'LL GO TO A VOTE. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: NO. >>COUN. LEWIS: NO. >> PASSES ON A 5-4 VOTE. >>COUN. LEWIS: ALL RIGHT. ITEM G IS O-60. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, REPEALING AND REPLACING THE BUSINESS REGISTRATION ORDINANCE TO ALLOW FOR BUSINESS LICENSING. I MOVE DO PASS. >>COUN. FIEBELKORN: SECOND. >>COUN. LEWIS: MOTION AND SECOND FOR DO PASS FROM COUNCILOR ROGERS. DID I GET THAT? COUNCILOR FIEBELKORN. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I KNOW WE HAD AMENDED OUT SOME OF THE ADDITIONAL FEES TO MAKE SURE THAT WE HAD HEARD OUT SOME OF THE OTHER COUNCILORS REQUESTS, I WITH WILL SAY IT AGAIN AND I SAID IT IN FGO, I SAID IT A COUPLE YEARS THAT THE CITY NEEDS TO HAVE LICENSES VERSUS REGISTRATION. REGISTRATION IS REQUIRED RIGHT NOW BUT THAT DOESN'T MEAN THAT PEOPLE ACTUALLY DO IT. AND THE PENALTY FOR NOT ACTUALLY GETTING A REGISTRATION IS JUST A ONE-TIME FEE OF $10. AND IF YOU DECIDE TO EVER REGISTER AGAIN, YOU HAVE TO PAY THAT FIRST. THIS WOULD ACTUALLY MAKE SURE THAT RATHER THAN US CREATING A VERY SKEWED DATABASE, WE WOULD BE ABLE TO HAVE A MORE ACCURATE DATABASE OF BUSINESSES IN ALBUQUERQUE. WE WOULD BE ABLE TO ENSURE BUSINESSES CONDUCTING IN ALBUQUERQUE ARE FOLLOWING THE ORDINANCE AND THE RULES BECAUSE THEN THE PLANNING DEPARTMENT, CODE ENFORCEMENT OR ENVIRONMENTAL HEALTH, OR MANY OTHER THINGS WOULD BE ABLE TO GO AND ENFORCE THOSE ORDINANCES WITH ACTUALLY HAVING POTENTIAL PENALTIES THAT WOULD HOPEFULLY DETER THE BAD ACTORS FROM BEING BAD ACTORS. IMAGINE WE'LL HAVE CONVERSATION ABOUT THIS. I REALLY, REALLY, REALLY HOPE WE CAN PASS IT. MR. PRESIDENT, I JUST WANT TO MAKE SURE TO GIVE ONE OPPORTUNITY TO THE ADMINISTRATION TO ADD ANYTHING. THIS IS TECHNICALLY A BY REQUEST, EVEN THOUGH I'M VERY INTERESTED IN PASSING IT. >> MR. PRESIDENT, DIRECTOR VARELA IS HERE. I THINK HE CAN SPEAK TO THE VALUE THIS BRINGS FOR US TO SUPPORT THE BUSINESSES THAT ARE DOING GOOD BUSINESS IN ALBUQUERQUE AND GIVE USZ AN OPPORTUNITY TO ENSURE EVERYONE IS. >> MR. PRESIDENT, COUNCILOR BASSAN DID AN EXCELLENT JOB OF SUMMARIZING THE IMPORTANCE AND BENEFITS OF THIS BILL AND WE STRONGLY URGE THE SUPPORT. WE THANK THE COMMITTEE FOR THE LENGTHY DISCUSSION WE HAD. THANK YOU. >>COUN. LEWIS: JUST TO CLARIFY, THE BLUE LINE VERSION THAT -- [ INAUDIBLE ] IT'S $35? >>COUN. BASSAN: IT WENT TO ONE FLAT FEE OF $35 AND NO INCREASES OVER THE FUTURE YEARS. >>COUN. LEWIS: ANY OTHER DISCUSSION ON THE BILL? [ ROLL CALL ]. >>COUN. BACA: [ INAUDIBLE ]. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: NO. >> PASSES ON A 7-2 VOTE. >>COUN. LEWIS: WE'RE ON ITEM H. R-94. COUNCILOR BACA. >>COUN. BACA: THANK YOU, MR. PRESIDENT. R-94 AMENDING THE CITY OF ALBUQUERQUE CODE OF RESOLUTION TO ADOPT A CITY WIDE RANGE TWO BIKE LANE TRAIL FACILITIES PLAN IN 2024 AND REPEAL THE BIKE LANE PLAN 2015. THIS IS A GREAT UPDATE. WE ALL HAVE A MEMO IN OUR iPADS. AND WE HAVE THIS PRIORITIZING SECTIONS THAT CAN BE BUILT. PRIORITIZES SAFETY. AND PRIORITIZES SECTIONS THAT ALLOW INDIVIDUALS TO USE IT FOR COMMUTING INSTEAD OF THEIR CAR. THAT IS DIFFERENT FROM THE 2015 PLAN. MS. HURMENSON IS HERE TO ANSWER ANY QUESTIONS. THIS IS A GREAT PLAN. THANK YOU. I MOVE DO PASS. >>COUN. FIEBELKORN: SECOND. >>COUN. LEWIS: MOTION AND SECOND FOR DO PASS. SECOND BY COUNCILOR FIEBELKORN. WE HAVE PUBLIC SPEAKERS. IS THERE A PRESENTATION ON THIS AS WELL? LET'S GO TO PUBLIC COMMENT. >> THANK YOU, MR. PRESIDENT. CARLOS FOLLOWED BY PRESENT FOLLOWED BY ANISA. >> THANK YOU. LET'S SEE IF I CAN STILL TALK. I'VE BEEN FOLLOWING THE PLAN FOR SEVERAL MONTHS. I THINK IT'S AN EXCELLENT PLAN. I WANT TO THANK THE COUNCILOR THAT WORKED ON THIS. AND THE DESIGN. THE CITY ALWAYS ADDS HUNDREDS OF NEW BIKE LANES AND WE DON'T SEE PEOPLE BIKING MORE. BIKE LANES ARE SO DANGEROUS. THIS PLAN IS LOW STRESS. IT ALSO PRIORITIZES BIKE LANES. IT'S VERY PRAGMATIC. I'M REALLY HAPPY WITH IT. I HOPE IT PASSES. >> BRENT FOLLOWED BY LISA FOLLOWED BY LUIS ON ZOOM. >> GOOD MORNING, COUNCIL PRESIDENT, COUNCIL MEMBERS. THANK YOU FOR STAYING UP LATE. I'M A 18-YEAR RESIDENT. I BAKE RECREATIONALLY, AND I BIKE FOR TRANSPORTATION REASONS. WE NEED TO PASS THIS BILL. IT'S THE FIRST STEP BUT IT'S NOT ENOUGH. WE NEED TO REALLY PRIORITIZE SO MUCH MORE THAT WE COULD DO TO MAKE THE CITY SIVER FOR BIKES THAT ARE IN DANGER OF BEING HIT BY TRAFFIC AND DEBRIS. IT IS NOT CLEANED OUT OF THE BIKE LANES. WE TO ENCOURAGE NO PARKING IN THE BIKE LANES. WE NEED MORE STREET SWEEPING. AND IT WOULD BE NICE TO HAVE A DIVIDER THAT DIVIDES THE MOTORISTS. I THANK YOU FOR AGREEING TO PASS THIS. I THINK IT'S A GREAT FIRST STEP. THANK YOU. >> LISA FOLLOWED BY LUIS. >> GOOD MORNING, COUNCILORS. I'M HERE FOR A SIMILAR REASON AS MANY OTHERS THAT HAVE SPOKEN BEFORE ME. I WOULD HAVE SIGNED UP FOR PUBLIC COMMENT IF I WAS ABLE. I HAD WRITTEN MY COMMENT THAT R-101, AND O-56, AND O-57, AND O-60 WOULD HAVE BEEN REJECTED. I WAS TOO AIVE THAT THIS COUNCIL WILL ACT FOR THE CONSTITUENTS. I SPEAK ON SPECIFICALLY R-94. SAFE, COMFORTABLE AND ACCESSIBLE BIKE STRUCKHAIR IS A NECESSITY. FOR MOST TRANSPORTATION NEEDS I RELY ON ABQ RIDE BOSSES AND IMPROVERING THIS INFRASTRUCTURE WOULD ALLOW MEME TO GET TO PLACES WITHOUT RELYING ON THE POLLUTING, DANGEROUS, AND EXPENSIVE CAR INFRASTRUCTURE. IT WOULD ALSO ALLOW THE MOST VULNERABLE MEMBERS OF OUR COMMUNITY ACCESS TO CHEAP AND INDEPENDENT TRANSPORTATION. IT WOULD ALSO ALLOW KEEP WHO DO THE VALUABLE WORK OF COMMUNITY OUTREACH AND COMMUNITY ORGANIZING WHO ARE OFTEN VULNERABLE THEMSELVES THOSE SAME BENEFITS. ON THAT FINAL NOTE I HOPE THE NEW FACILITIES ARE NOT INTENDED TO ONLY MAKE OUR CITY LOOK BETTER BUT TO BENEFIT PEOPLE ON THE GROUND. DISABLED OR ABLED, UNHOUSED OR HOUSED, UNEMPLOYMENT OR EMPLOYED, I HOPE THE NEW FACILITIES WILL NOT COME AT THE COST OF FORCING OUR UNHOUSED COMMUNITY MEMBERS OUT OF SPACES. >>COUN. LEWIS: THANK YOU. >> THEY WILL NOT COME AT THE COST OF INCREASED POLICE PRESENCE. >>COUN. LEWIS: THANK YOU. >> OF SAFETY WHEN CONTINUOUSLY PUTTING OUR COMMUNITIES AT RISK. >>COUN. LEWIS: THANK YOU. >> LOUIS ON ZOOM. >> EVERYONE, MR. PRESIDENT, COUNCIL MEMBERS, I'M A BIKE COMMUTER. I'M HERE TO EXPRESS MY SUPPORT FOR THE 2024 BIKE WAY AND TRAIL FACILITIES PLAN. I WOULD LIKE TO EMPHASIZE THAT THIS IS CRITICAL FOR THE CITY'S VISION ZERO GOALS. AND THAT'S MY STATEMENT. >> THANK YOU. MR. PRESIDENT, THAT CONCLUDES COMMENT. >>COUN. LEWIS: BACK ON R-94. COUNCILOR BACA AND WE'LL OPEN IT UP FOR DISCUSSION. >>COUN. BACA: I URGE EVERYBODY'S SUPPORT. >>COUN. LEWIS: COUNCILOR SANCHEZ. >>COUN. SANCHEZ: I HAD A QUESTION ABOUT OTHER ELECTRIC VEHICLES OUT THERE. I GUESS NOT BIKES , SCOOTERS ELECTRIC MOTORCYCLES, AND ALSO MAYBE ELECTRIC MINI BIKES. ARE THESE GOING TO BE INCLUDED IN THAT? THERE'S A THOUSAND SCOOTERS OUT THERE RIGHT NOW. >> MR. PRESIDENT, COUNCILOR SANCHEZ, WE HAVE VALERIE WHO HAS BEEN RUNNING THIS PROJECT. SHE CAN ANSWER. >> MR. PRESIDENT, COUNCILOR SANCHEZ, THAT'S A GREAT QUESTION. THE ELECTRIC SCOOTERS CAN BE USED WITHIN OUR BIKE FACILITIES. BUT LIKE A MOTORCYCLE, THAT WOULD BE ON STREETS. >>COUN. SANCHEZ: NOW, WITH MOTORCYCLES LOOKING CLOSE TO WHAT A BICYCLE LOOKS LIKE, WHO IS GOING TO BE ENFORCING THE DIFFERENCE? ALSO, I'VE NOTICED THERE'S REALLY SMALL ELECTRIC MINI BIKES AS WELL. >> PRESIDENT, COUNCILOR SANCHEZ, THAT'S A GREAT QUESTION. THAT WOULD FALL WITHIN THE PURVIEW OF THE eBIKE POLICY. THERE'S DIFFERENT CLASSES OF ELECTRIC BICYCLES. CLASSES ONE, TWO, THREE AND THOSE COULD BE USED WITHIN THE BIKE FACILITY. >>COUN. SANCHEZ: THANK YOU VERY MUCH. APPRECIATE THAT. >>COUN. LEWIS: ALL RIGHT, ANY OTHER DISCUSSION? COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I THINK YOU ALREADY DID IT. YOU TOUCHED IT ON IT. I WANT TO CLARIFY BECAUSE THERE'S A LOT OF WORK INVESTED IN THE eBIKE UPDATE. SO, HOW DOES THIS AFFECT THE eBIKE POLICY THAT WE PREVIOUSLY PASSED EARLIER? >> MR. PRESIDENT, COUNCILOR BASSAN, THIS DOES NOT IMPACT THE eBIKE POLICY THAT WAS PASSED. IN FACT, FULL TRANSPARENCY, BECAUSE THE eBIKE POLICY WAS PASSED SINCE THE DRAFT OF THIS PLAN WE WILL UPDATE THE REFERENCES. IT WOULD NOT IMPACT eBIKES. >>COUN. BASSAN: OKAY. THANK YOU. >>COUN. LEWIS: COUNCILOR BACA. >>COUN. BACA: URGE YOUR SUPPORT. >>COUN. LEWIS: O-94. MOVED AND SECONDED. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: R-108. COUNCILOR BACA. >>COUN. BACA: MR. PRESIDENT, R-108 ACCEPTANCE OF GRANT FUNDS FROM BERNALILLO COUNTY STATE OF NEW MEXICO ADJUSTMENT OF GRANT CAPITAL APPROPRIATION. THIS IS SIN IS FOR GATEWAY RECOVERY TINY VILLAGE. WE'RE JUST TRYING TO MAKE SURE THAT -- FOR THOSE OF YOU THAT MAY HAVE NOTICED, MANY OF THOSE HOMES ARE ALREADY ON-SITE. I KNOW IT'S NOT FINISHED, BUT IT'S WELL ON ITS WAY AND THIS IS THE A WAY TO GET THE FUNDING THE COUNTY PROMISED. I MOVE DO PASS. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR GROUT FOR DO PASS. ANY DISCUSSION, QUESTIONS? CLOSE AND GO TO THE VOTE. [ ROLL CALL ]. >>COUN. BACA: YES. >>COUN. BASSAN: YES. >>COUN. CHAMPINE: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: [ INAUDIBLE ]. >>COUN. PEÑA: YES. >>COUN. ROGERS: YES. >>COUN. SANCHEZ: YES. >>COUN. LEWIS: YES. >> PASSES UNANIMOUSLY. >>COUN. LEWIS: WE HAVE ABOUT 45 MINUTE FOR Q&A TIME WITH THE ADMINISTRATION AND ALL THE ADMINISTRATIVE STAFF IS HERE FOR YOUR QUESTIONS. ANY QUESTIONS FOR THE ADMINISTRATION? THERE BEING NO FURTHER BUSINESS, THIS MEETING IS ADJOURNED.