ADJOURN. >>COUN. BORREGO: GOOD AFTERNOON, LADIES AND GENTLEMEN. WELCOME TO THE CITY COUNCIL MEETING OF ALBUQUERQUE, NEW MEXICO. I'M COUNCIL PRESIDENT BORREGO. TODAY IS MONDAY, MAY 7th, 2021. WE HAVE, I BELIEVE, THE MAJORITY OF THE COUNCILORS PRESENT. COUNCILOR BENTON AND COUNCILOR HARRIS AND COUNCILOR PEÑA ARE RUNNING JUST A LITTLE BIT LATE. THEY ARE PLANNING TO JOIN US. THERE'S COUNCILOR PEÑA. COUNCILOR BASSAN IS EXCUSED. SHE MAY CALL IN ON SEVERAL OF THE ITEMS. WITH THAT, WE'RE GOING TO START OUR 24th COUNCIL MEETING. THIS IS OUR 34th MEETING. I'M GOING TO READ SOME SPECIAL PROCEDURES. MEMBERS OF THE PUBLIC WILL HAVE THE ABILITY TO VIEW THE MEETING THROUGH GOVTV ON COMCAST CHANNEL 16. I'M SORRY. HANG ON ONE SECOND. OKAY. SORRY, COUNCILORS, BEAR WITH ME. I'M READING THE WRONG PAGE. SO WE ARE GOING TO START OUR MEETING WITH A MOMENT OF SILENCE. IF YOU WILL ALL JOIN ME IN WHATEVER YOUR INTENTIONS ARE TODAY. WE'LL JUST TAKE THAT MOMENT. THANK YOU, COUNCILORS. AND THANK YOU TO THE PUBLIC. I WILL BEGIN OUR MEETING WITH THE PLEDGE OF ALLEGIANCE. I'LL ASK COUNCILOR GIBSON IF SHE WOULD LEAD US IN ENGLISH. COUNCILOR GIBSON. COUNCILOR GIBSON, YOU'RE MUTED. YOU'LL HAVE TO UNMUTE YOURSELF. >>COUN. GIBSON: I'M SORRY. I REALIZED THAT TOO LATE. >>ALL: I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. >>COUN. BORREGO: THANK YOU, COUNCILOR GIBSON. I WOULD ASK COUNCILOR PEÑA IF SHE WOULD LEAD US IN SPANISH. >>COUN. PEÑA: THANK YOU, MADAM PRESIDENT. [ RECITING THE PLEDGE IN SPANISH ]. >>COUN. BORREGO: THANK YOU, COUNCILORS. NOW, I WILL GO TO WHAT I WAS GOING TO READ EARLIER. THANK YOU. BEAR WITH ME. THIS TAKES A MINUTE. AS WAS NOTED IN A PRESS RELEASE FROM OUR OFFICE ON FRIDAY POSTED ON OUR WEBSITE AND NOTED ON OUR PUBLISHED COUNCIL AGENDA, THIS MEETING HAS SPECIAL PROCEDURES AND IS BEING HELD VIA ZOOM VIDEO CONFERENCE. MEMBERS OF THE PUBLIC, SIT A STAFF IS AND MEDIA HAVE THE ABILITY TO VIEW THIS MEETING LIVE THROUGH FOUR PLATFORMS, GOVTV COMCAST CHANNEL 16, GOVTV WEBSITE, YOUTUBE AND ZOOM. THESE CAN BE ACCESSED FROM MOST SMART PHONES, TABLETS OR COMPUTERS. ALSO, THIS MEETING IS CLOSED CAPTIONING AND YOU MAY ENABLE CLOSED CAPTIONING SERVICES ON OUR TELEVISION OR DEVICES. FOR THOSE WATCHING ON LIVE STREAM, THANK YOU FOR JOINING US THIS AFTERNOON. THE VIDEO RECORDING OF THIS AND ALL PAST CITY COUNCIL MEETINGS WILL ALSO REMAIN AVAILABLE FOR VIEWING AT ANY TIME ON THIS CITY COUNCIL WEBSITE. COUNCIL STAFF IS AVAILABLE VIA TELEPHONE IF MEMBERS OF THE PUBLIC NEED ASSISTANCE FINDING THE VIDEOS ONLINE. PLEASE CALL 768-3100 FOR ASSISTANCE DURING BUSINESS HOURS WHICH ARE MONDAY THROUGH FRIDAY, 8 A.M. TO 5 P.M. COUNCIL IS ACCEPTING LIVE GENERAL PUBLIC COMMENT TODAY. AS WELL AS ANY WRITTEN COMMENTS. WRITTEN COMMENTS RECEIVED BY 1 P.M. WERE DISTRIBUTED TO ALL COUNCILORS IN ADVANCE OF TODAYS MEETING. THANK YOU, COUNCILORS AND TO THE PUBLIC FOR LISTENING. OUR FIRST ORDER OF BUSINESS IS PROCLAMATIONS AND PRESENTATIONS. WE DO NOT HAVE ANY SCHEDULED THIS AFTERNOON. OUR NEXT ORDER OF BUSINESS IS ECONOMIC DEVELOPMENT DISCUSSION. THERE IS NONE. WE WILL MOVE TO GENERAL PUBLIC COMMENT. I WILL READ SOME ADDITIONAL INFORMATION FOR THE PUBLIC. HELLO TO THOSE OF YOU JOINING US TO PROVIDE LIVE PUBLIC COMMENT. WE ALSO RECEIVED WRITTEN COMMENTS THAT WERE DISTRIBUTED TO THE COUNCILORS IN ADVANCE OF TODAY'S MEETING. MEMBERS OF THE PUBLIC WILL BE ABLE TO ADDRESS THE COUNCIL IF THEY HAVE SIGNED UP FOR LIVE PUBLIC COMMENT PERTHE INSTRUCTIONS PUBLISHED ON THE AGENDA AND ON OUR WEBSITE ON FRIDAY. SPEAKERS WILL BE MOVED INTO THE MEETING ROOM TWO AT A TIME. THEY WILL REMAIN MUTED WITH CAMERA OFF UNTIL CALLED UPON TO SPEAK AT WHICH POINT THEY CAN TURN ON THEIR CAMERA, UNMUTE THEMSELVES AND HAVE ONE AND A HALF MOIPT -- MINUTES TO PROVIDE COMMENTS TO THE COUNCIL. AFTER THAT THEY'LL BE MUTED AND RETURN TO ATTENDEE. EACH PARTICIPANT HAS ONE AND A HALF MINUTES TO PRESENT, COMMENTS ARE ADDRESSED THROUGH THE COUNCIL PRESIDENT. ANY DISRUPTIVE CONDUCT WILL RESULT IN REMOVAL FROM THE ZOOM WEBINAR. TODAY'S AGENDA ITEM 021-60 ANNUAL UPDATE CONTAINS QUASI JUDICIAL MATTERS, AND FOR THAT REASON I'LL SWEAR ALL MEMBERS OF THE PUBLIC AND STAFF BEFORE IT BEGINS. MR. MOYA PLEASE SUBMIT PUBLIC SPEAKERS INTO THE MEETING. I WOULD LIKE TO BEGIN BY SWEARING INDIVIDUALS WHO ARE SCHEDULED TO SPEAK ON THAT ITEM, I WOULD LIKE TO SWEAR THEM IN. BEAR WITH US. WE'RE MOVING THOSE INDIVIDUALS INTO THE CHAT ROOM. >>COUN. BORREGO: WE HAVE A NUMBER OF FOLKS AND WE'RE STILL MOVING THEM INTO THE CHAT ROOM. IF YOU'LL JUST BEAR WITH US. I BELIEVE WE HAVE EVERYONE THAT IS PLANNING TO SPEAK ON. COULD YOU MUTE YOURSELF, PLEASE. JUST FOR A MOMENT. UNTIL I SWEAR YOU IN. WE HAVE ALL OF THE INDIVIDUALS THAT ARE PLANNING TO SPEAK ON 0-21-60 IN THE CHAT ROOM. IF THERE'S ANYONE ELSE, PLEASE SEND US A TEXT. MS. WATSON, DID YOU HAVE A QUESTION BEFORE WE SWEAR YOU IN? >> I JUST WANTED TO KNOW SHOULD WE DO PANELIST OR ATTENDEE, THERE WAS A CHOICE AND I WASN'T SURE IF I CHOSE THE RIGHT ONE. >> YOU ARE A PANELIST, THIS IS WHERE YOU NEED TO BE TO PROVIDE PUBLIC COMMENT. AFTER YOUR PUBLIC COMMENTS ARE DONE WE'LL MOVE YOU BACK TO ATTENDEE. >> I'M IN THE CORRECT PLACE? >>COUN. BORREGO: YES. >> THANK YOU. >>COUN. BORREGO: THANK YOU. I'M GOING TO ASK ALL OF THE INDIVIDUALS WHO ARE HERE TO SPEAK ON 0-21-60 TO UNMUTE YOURSELF FOR JUST A MINUTE BECAUSE I NEED TO HEAR AN ANSWER. I'M GOING TO ASK YOU TO RAISE YOUR RIGHT HAND, IF YOU WOULD. AND WHAT I'M GOING TO ASK IS THAT AS YOU RAISE YOUR RIGHT HAND THAT YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH. >> I DO. >>COUN. BORREGO: THANK YOU SO MUCH. YOU CAN MUTE YOURSELF UNTIL YOU'RE CALLED ON, AT THIS POINT. ALSO YOU CAN TURN OFF YOUR VIDEO FOR A MINUTE. I'LL STILL IN THE CHAT ROOM, WE'LL CALL ON YOU ONE AT A TIME. JULIAN, WOULD YOU LIKE TO PROCEED? >> THANK YOU, MADAM PRESIDENT. OUR FIRST SPEAKER IS DR. VALLEZ. YOU HAVE ONE AND A HALF MINUTES. >> I URGE YOU IN THE STRONGEST OF TERMS NOT TO APPROVE COUNCIL AMENDMENT WHICH COMPLETE STRIKES SECTION 52D ON GEOGRAPHIC RESPONSIVENESS. CHANGING THE DRAFT IS UNNECESSARY. IT SENDS A WRONG MESSAGE. SPENDING MORE TAXPAYERER MONEY ON OUTSIDE CONSULTANT IS UNCALLED FOR. STRIKING THIS AMENDMENT AFTER 10 MONTHS IS A STEP BACKWARD. THE EPC APPROVED VERSION IB052D HAS THE RIGHT BALANCE REQUIRING A SITE EVALUATION AND UPPANION DOCUMENT THAT DETAILS WHAT AN ARCHITECT SHOULD DO TO TAKE ADVANTAGE OF THE CLIMATE. ARCHITECTS, LANDSCAPE AND AFFORDABLE HOUSING DEVELOPERS, COMMERCIAL DEVELOPERS AND NEIGHBORHOOD REPRESENTATIVES ARE POSITIVE THIS WOULD BE A GOOD APPROACH FOR ALBUQUERQUE. THE OTHER THING TOO IS THIS REALLY DOES MEET A LOT OF THE SECTIONS OF THE COMPREHENSIVE PLAN. I'LL LEAVE THAT AT THAT. I THINK IT WOULD BE IRRESPONSIBLE TO DO SPEND TAXPAYER MONEY. I THINK YOU SHOULD KEEP WHAT THE EPC APPROVED. IT'S A GOOD WAY TO GO. SECONDLY, I WANT TALK ABOUT SOMETHING CALLED A BETTER WAY TO EVALUATE THE PROPOSED AMENDMENT FOR THE CITY COUNCIL. WHAT WE DID IS WE HAD A MEETING LAST WEEK. WE BROKE DOWN THE AMENDMENTS. >> THANK YOU, DOCTOR, YOUR TIME IS UP. >>COUN. PEÑA: MADAM PRESIDENT. I'D LIKE TO HEAR THE REST OF HIS COMMENTS. >>COUN. BORREGO: COUNCILOR PEÑA, THANK YOU. I'M GOING TO ASK FOR THE SAME THING. >> IT WAS A PRODUCTIVE MEETING. WE IMMERSED OURSELVES IN IT. IT WAS A DESCRIPTION OF THE AMENDMENT. THERE WAS ARGUMENTS FOR THAT AMENDMENT AND THERE WERE ARGUMENTS AGAINST THE AMENDMENT. WE FOUND THIS EXERCISE EXTREMELY BENEFICIAL AND SOMETHING THE CITY COUNCIL SHOULD CONSIDER AS IT DELIBERATES. THAT'S THE KEYWORD. I DON'T SEE A LOT OF DELIBERATION. THAT YOU DELIBERATE THE PROPOSED CHANGES. IT'S NOT ENOUGH FOR THE COUNCIL TO GET A ONE-SIDED DESCRIPTION FROM THE COUNCIL STAFF OR SPONSOR. YOU NEED DELIBERATION. IT WAS HARD GOING THROUGH THESE THINGS. I THINK HAVING IT OUT THIS WAY IS THE BEST WAY TO GO. YOU SHOULD HAVE SOMETHING IN FRONT OF YOU FOR AND AGAINST. THAT'S THE ONLY WAY TO DELIBERATE ON THINGS LIKE THIS. THANK YOU FOR YOUR TIME. >>COUN. BORREGO: THANK YOU, I HAVE TO SAY I HEARD POSITIVE COMMENTS REGARDING THE DELIBERATION. I WILL MENTION THAT I WAS THE PERSON WHO STRONGLY ENCOURAGED THOSE MEETINGS. I'M GLAD THEY ARE WORKING OUT. THANK YOU. >> THANK YOU. >> OUR NEXT SPEAKER IS -- PLEASE FEEL FREE TO TURN YOUR VIDEO ON AND UNMUTE YOURSELF. YOUR ONE AND A HALF MINUTES WILL BEGIN WHEN YOU START SPEAKING. >>COUN. BORREGO: ARE YOU THERE? >> MADAM PRESIDENT, HERE WITH -- FARMS. I'M GOING TO TAKE MY TIME OFF, WE HAVE SOMEBODY ELSE THAT WILL BE TALKING AND IT WILL SAVE TIME. THANK YOU SO MUCH FOR THE TIME. >>COUN. BORREGO: JUST TO BE CLEAR, YOU'RE GIVING UP YOUR TIME TO OTHER FOLKS? >> I'M NOT GIVING UP MY TIME TO ADD TO OTHER FOLKS, I'M SAYING I'M NOT TALKING BECAUSE SOMEBODY ELSE IS GOING TO BE TALKING. THAT'S WHAT I'M SAYING. THANK YOU SO MUCH. >>COUN. BORREGO: THANK YOU. >> OUR NEXT SPEAKER IS PETER -- PLEASE FEEL FREE TO TURN YOUR VIDEO ON. >> AM I UNMUTED? >> YES, SIR, PLEASE PROCEED. >> OKAY. I'D LIKE TO SUPPORT YOUR PASSAGE OF COUNCIL AMENDMENT B1 OVERNIGHT SHELTER. THIS AMENDMENT WITH THE MAXIMUM CAPACITY AND DOUBLING BED CAPACITY WILL PROVIDE A GREAT OPPORTUNITY FOR SHELTER HOUSING THAN EXISTS. AS AN EXAMPLE, PROVIDING 60 BEDS PLACES A SMALLER AND REASONABLE BURDEN MORE READILY ACCOMMODATED FOR SURROUNDING NEIGHBORHOODS. THIS EXISTS DUE TO THE PROBLEM SURROUNDING LARGE HOMELESS SHELTER. THIS APPLIES TO MANUFACTURING BUSINESS PARKS WHERE PROVIDING 200 BEDS AT THE LOCATION ALLOWS GREATER FLEXIBILITY WHILE NOT OVER BURDENING INDIVIDUAL NEIGHBORHOODS. THESE CHANGES MAY SEEM COUNTER TO LIMITED CAPACITY, BUT THEY CAN HAVE MUCH NEEDED EMERGENCY SHELTER BEDS. HOPEFULLY THEY'RE DISTRIBUTED THROUGH ALL CITY COUNCIL DISTRICTS TO REDUCE IMPACT ON ALL PARTS OF THE CITY. THANK YOU FOR YOUR CONSIDERATION. >>COUN. BORREGO: THANK YOU FOR YOUR WORDS. >> THANK YOU, MADAM PRESIDENT. WE HAVE SPEAKERS THAT CAME IN AFTER THE SWEARING IN. MS. ARCIHIBEQUE PLEASE TURN ON YOUR VIDEO AND UNMUTE YOURSELF. AND MADAM PRESIDENT, SWEAR THEM IN. >>COUN. BORREGO: THESE ARE FOR THE TWO INDIVIDUALS WHO JUST JOINED US. IF YOU'RE SPEAKING ON 0-21-60, COULD YOU PLEASE RAISE YOUR RIGHT HAND? >> IS THAT THE ZONING LAW? >>COUN. BORREGO: YES, IT INCLUDES THE IDO AMENDMENT. DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? >> YES. >> I DO. >>COUN. BORREGO: THANK YOU. LET'S MOVE ON. >> THANK YOU, MADAM PRESIDENT. PLEASE STAY ON AND YOUR ONE AND A HALF MINUTES WILL BEGIN WHEN YOU START SPEAKING. MR. MUNOZ, WE'LL GET TO YOU NEXT. >> MADAM PRESIDENT, MEMBERS OF CITY COUNCIL, I ASK THAT EACH OF YOU DEFER ON THE MARIJUANA AMENDMENT THAT YOU ALL ARE PLANNING TO VOTE ON TODAY. NOT ONLY HAVE YOU LEFT OUT PEOPLE OF COLOR IN YOUR DISCUSSION IN REGARD TO THESE AMENDMENTS. YOU GUYS ARE LITERALLY MOVING BEFORE THE STATE HAS A CHANCE TO EVEN GET THEIR WHOLE IDEA OUT. I DON'T UNDERSTAND WHAT THE RUSH IS. I REALLY, REALLY HOPE YOU WAIT FOR THE STATE. THE AMENDMENT YOU'RE PROPOSING ARE GOING TO HURT COMMUNITIES OF COLOR. THANK YOU. >> THANK YOU. MR. MUNOZ, FEEL FREE TO TURN YOUR VIDEO ON. YOUR ONE AND A HALF MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> THANK YOU FOR THE MOMENT TO SPEAK. I TOO ASK THIS BODY HOLDS OFF ON THE ZONING PROPOSE. THESE CHANGES CAME QUICK. I HAVEN'T HAD TO TO ACTUALLY REVIEW WHAT WAS PROPOSED VERSUS WHAT WAS HEARD IN THE ZONING MEETING. THERE'S CONCERNING ISSUES FOR SOMEBODY THAT'S A PERSON OF COLOR TRYING TO OPEN A BUSINESS IN ALBUQUERQUE. IT APPEARS IT DOESN'T HAVE THE VOICE OF ANYBODY THAT WANTS TO GET INTO BUSINESS. IT'S DIFFICULT TO FIND A BUILDING WITH THE CURRENT ZONING LAWS WITH A MICROBUSINESS TO OPEN WITHIN CITY LIMITS. THE AMOUNT OF SPACE AVAILABLE FOR A MICROBUSINESS IS MINIMAL AND WHEN YOU START ADDING WE HAVE TO GROW, MANUFACTURE AND PRODUCE IN THE SAME LOCATION IT LIMITS WHERE THE BUSINESSES CAN FORM. IT'S GOING TO BE DETRIMENTAL TO COMMUNITIES, SPECIFICALLY COMMUNITIES THAT HAVE PAID THE PRICE OF THE WAR ON DRUGS. I ASK THAT YOU HOLD OFF ON ANY TYPE OF VOTE ON THE ZONING ORDINANCE. I ASK THAT YOU NOT GRANDFATHER IN THE CURRENT LICENSEES WHO WON THE CANNABIS LOTTERY IN 2014. -- THAT'S A DISSERVICE TO THE ENTIRE COMMUNITY. THANK YOU FOR YOUR TIME. >>COUN. BORREGO: THANK YOU, MR. MUNOZ. >> OUR NEXT SPEAKER IS MELINDA. TURN ON YOUR VIDEO AND UNMUTE YOURSELF. >> CAN YOU HEAR ME? >> YES, MA'AM. >> THANK YOU, I'M A RESIDENT OF PARKLAND HILLS AND CHAIR OF THE NEIGHBORHOOD ASSOCIATION HOMELESSNESS SOLUTION COMMITTEE. I'M HERE TO SUPPORT THE AMENDMENT TO THE IDO. REGARDING BED CAPACITY AT OVERNIGHT SHELTER. IT'S IMPORTANT FOR COUNCIL TO BEAR MIND THAT THE AMENDMENT APPLIES TO ANY SHELTER IN THE CITY. AS THE IDO LANGUAGE STANDS NOW THERE'S NOTHING PREVENTING ANYONE FROM OPENING UP ANY SIZE SHELTER IN ANY NEIGHBORHOOD WITH NO ASSURANCES FOR OVERSIGHT. WHILE DETERMINED BY UNDERLYING ZONING HIS AMENDMENT CREATESS PARAMETERS WHICH WILL BENEFIT THE RESIDENTS OF THE COMMUNITIES. BOTH THOSE THAT ARE UNHOUSED AND THE PERMANENT RESIDENTS AND BUSINESSES OF THE NEIGHBORHOODS IN WHICH THE SHELTERS ARE PLACED. I THINK IT'S IMPORTANT WE DO NOT VIEW THIS HAS LIMITING THE SERVICES PROVIDED BUT CREATING A STRUCTURE. HOUSING PEOPLE IN A SHELTER SHOULD NOT BE OUR END GOAL. OUR OBJECTIVE NEEDS TO BE GETTING PEOPLE INTO REAL HOUSING. THIS AMENDMENT CREATES A REALISTIC SCALE FOR MOVING PEOPLE OUT OF THE SHELTER SYSTEM AND MIXES IT MORE FEASIBLE TO GET THE SERVICES THEY NEED WHILE AT THE SHELTER WHILE LIMITING THE IMPACTS ON THE SURROUNDING COMMUNITIES. WITH THIS AMENDMENT IN PLACE IT'S LESS LIKELY WE'LL SEE THE SHELTER AND SURROUNDING NEIGHBORHOODS OVER BURDENED AND INCREASES THE POTENTIAL FOR SHELTER SUCCESS. I THANK YOU AND ASK YOU SUPPORT THIS AMENDMENT. >> THANK YOU. OUR NEXT SPEAKER IS RAVEN. FEEL FREE TO TURN YOUR VIDEO ON AND UNMUTE YOURSELF. YOUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> I'M HERE TO SPEAK ON BEHALF OF SUPPORTING COUNCILOR DAVIS SOLUTION. THE RESIDENTS ARE SUPPORTING THE MOST HOMELESS, ADDICTION AND BEHAVIORAL HEALTH RELATED SERVICES. WE'RE OVERWHELMED AND UNDERSERVED. THE CITY IS BIASSED AGAINST THE SOUTHEAST. THE PLANNED CREATION OF PROGRAMS HERE IS ATTRACTING POPULATIONS THAT HAS ARISED WITH SANITATION CRIME AND DEGRADED NEIGHBORHOODS. RESIDENT AND BUSINESSES ARE LEAVING AS THESE ARE IGNORED BY THOSE RESPONSIBLE FOR THEM. OUR RESIDENTS BAY FOR THE SERVICES YET FEEL LESS VALUE THAN THOSE HELPING FUND. WE'RE NOT SAYING WE DON'T WANT TO HELP. WE'RE ASKING TO CAP THE NUMBER OF BEDS UNTIL THE CITY CAN PROVE THEY HAVE THE ABILITY TO HELP THEM. IF THEY GET TOO LARGE TOO FAST THEY CAN BE OVERWHELMED. GATEWAY STARTING SMALL IS STARTING SMART. THE ANYTHING APPROACH OF THOSE SEEKING REELECTION IS CREATING A SOLUTION THAT NOT ONLY HELPS THE VULNERABLE POPULATION BUT RESPECTS THE SYMPATHIC NATURE OF THE HOUSED RESIDENT AND THOSE IN NEED OF HELP. THOSE ARE THE LIVES THAT GOING TO BE AFFECTED BY TODAY'S CHOICES LONG AFTER POLITICIANS GO HOME. >> OUR NEXT SPEAKER IS DAN. PLEASE FEEL FREE TO TURN ON YOUR VIDEO ON AND UNMUTE YOURSELF. >> ALL OF YOU RECEIVED MY INDIVIDUAL WRITTEN COMMENTS REGARDING THE COUNCIL AMENDMENTS. I WILL STATE THAT THE MANNER IN WHICH THESE AMENDMENTS HAVE BEEN HANDLED IN THE LAST TWO YEARS IS BAD GOVERNANCE. RELEASING BRAND NEW AMENDMENTS LESS THAN THREE BUSINESS DAYS BEFORE THEY'RE TAKEN UP SMELLS LIKE FRESH CEMENT IN A BRICK WALL MEANT TO SHIELD COUNCILORS FROM PUBLIC VIEW. COUNCIL MEMBERS WERE AWARE OF THE DECISIONS REACHED BY THE EPC WHEN THE CITY RECEIVED THEM FROM THE EPC. COUNCIL MEMBERS COULD HAVE SHARED THEIR AMENDMENTS IN THAT MONTH AND A HALF. THIS YEAR AROUND COUNCIL MEMBERS REJECTED THE RECOMMENDATIONS. THEY INVOLVED INPUT BY CITY PLANNING AND COMMUNITY GROUPS. AND THE EPC CURRENTLY CONSIDERED ALL OF THIS INFORMATION AND MADE RECOMMENDATIONS. IF THE ENTIRE EPC PROCESS GOT IT WRONG, WHICH CONSTITUENCIES ARE THEY RESPONDING TO AS THEY RESURRECT REJECTED AMENDMENTS. IT SEEMS IT HAS TO BE THE DEVELOPMENT INDUSTRY. THE IMPLEMENTATION OF THE IDO DEPARTS FROM COMMUNITY INVOLVEMENT AND THE DIRECTIONS IN THE COMPREHENSIVE PLAN. THIS IS A SAD STATE OF AFFAIRS. I DO NOT THINK YOU GUYS ARE DOING THE BEST JOB YOU CAN WITH THE WAY YOU'RE OPERATING. THANK YOU FOR YOUR TIME AND ATTENTION. >> THANK YOU. OUR NEXT SPEAKER IS VERA. YOUR ONE AND A HALF MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> HELLO, THANK YOU, COUNCILORS AND PRESIDENT. I LIVE IN THE SOUTHEAST HEIGHTS. COUNCILOR DAVIS IS MY COUNCILOR. I HAVE BEEN FOLLOWING THE GATEWAY MATTER. I'M IN FULL SUPPORT OF HELPING THE HOMELESS OR THE UNHOUSED IN OUR CITY. I'M IN SUPPORT OF HIS AMENDMENT REVISING 4-3C7 TO THE IDO. FOR THIS TO BE A SUCCESS WE MUST DO THIS CORRECTLY. FOLLOWING THE LOCAL RESEARCH AND GAINING THE SUPPORT OF SURROUNDING NEIGHBORHOODS WHO WILL BE IMPACTED BY THE GATEWAY FOR YEARS TO COME. THIS ISSUE OF OVERNIGHT SHELTER IS NOT JUST ABOUT THE GIBSON MEDICAL CENTER. IT GOES BEYOND THIS LOCATION. IT IMPACTS ALL DISTRICTS OF THE CITY. MY HOPE IS WITH THIS NEW LANGUAGE THE QUALITY OF SUPPORTIVE SERVICES NECESSARY TO SUCCESSFULLY ASSIST THE HOMELESS CAN BE PROVIDED BY ESTABLISHING A PARAMETER FOR THE UNHOUSED, LOCAL BUSINESSES, AND NEIGHBORHOOD RESIDENTS. THEREFORE, I'M IN SUPPORT OF THE AMENDMENT REVISING SECTION 4 TO THE IDO TO LIMIT BED CAPACITY ON OVERNIGHT SHELTERS. THIS WILL BE THE BEST WAY TO GO FORWARD. THANK YOU. >> THANK YOU. OUR NEXT SPEAKER IS JANE. PLEASE FEEL FREE TO TURN YOUR VIDEO ON, UNMUTE YOURSELF AND YOUR ONE AND A HALF MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> I WISH TO EXPRESS MY SUPPORT FOR THE NORTHWEST MESA AND PROVISIONS INCLUDED IN THE AMENDMENT INCLUDING THE DESIGNATION OF A SECOND HEIGHT SUBAREA. THE INCREASE IN REQUIREMENT FOR LANDSCAPING AS WELL AS THE APPLICATION OF USE-SPECIFIC STANDARDS WITHIN THAT AREA. I LIVE ON THE WEST SIDE. I THINK THIS ENTIRE AREA IN THE VPO CONTAINS UNIQUE AND DISTINCTIVE VIEWS WHICH ARE DESERVING OF CONSERVATION. THAT INCLUDES VIEWS FROM THE TOP OF THE MESA LOOKING EAST AND WEST TOWARD THE MOUNTAINS OR THE VOLCANOES. AS WELL AS THE ESCARPMENT ITSELF AS YOU APPROACH IT ON NEIGHBORHOOD STREETS. I THINK IT'S IMPORTANT TO NOTE THAT THESE PROVISIONS ASSURE DEVELOPMENT ON THE MESA AND IN THE ESCARPMENT IS OF A SCALE AND CHARACTER WHICH IS CONSISTENT WITH BOTH EXISTING DEVELOPMENT AS WELL AS WITH THE TRULY SENSITIVE AND UNIQUE ASPECTS OF THIS AREA. FINALLY, I THINK IT'S IMPORTANT TO NOTE THAT THESE AMENDMENTS DO NOT PREVENT DEVELOPMENT. RATHER, I THINK WHAT THEY DO IS ADD VALUE TO BOTH THE DEVELOPMENT AND EXISTING DEVELOPMENT BY PRESERVATION OF THOSE DISTINCTIVE VIEWS. THANK YOU VERY MUCH. >>COUN. BORREGO: THANK YOU. >> OUR NEXT SPEAKER IS SANDRA. FEEL FREE TO TURN YOUR VIDEO ON, UNMUTE YOURSELF AND YOUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> HELLO, MADAM PRESIDENT. I'M THE PRESIDENT OF THE ELDER HOMESTEAD NEIGHBORHOOD ASSOCIATION. I'M SPEAKING IN SUPPORT OF COUNCILOR DAVIS'S AMENDMENT REVISING THE SECTION 4-3C7 TO LIMIT THE BED CAPACITY FOR THIS GATEWAY SHELTER TO 30 BEDS. I WILL ALSO PIGGY BACK ON THE COMMENTS OF MY FELLOW NEIGHBORS. ALSO, I WOULD ADD THAT IT DOES IMPACT THE ENTIRE CITY AND THIS PROJECT OR THIS VENTURE WILL BE HERE LONG AFTER WE ARE GONE. WE NEED TO TAKE TIME AND DO IT RIGHT. BE SLOW AND BE CORRECT IN ALL OF THE CHOICES THAT WE MAKE TOWARD THIS CENTER. THANK YOU. >> THANK YOU. OUR NEXT SPEAKER IS RENEE. PLEASE TURN YOUR VIDEO ON, UNMUTE YOURSELF, AND YOUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> GOOD AFTERNOON, I'M WITH THE WEST SIDE COALITION. JUST AS THE DOCTOR MENTIONED WE HAD A GREAT MEETING A WEEK AGO. WE VERY MUCH APPRECIATED HAVING THE PLANNING DEPARTMENT EXPLAIN THE PROS AND CONS OF EACH OF THESE AMENDMENTS. THEY ONLY WENT THROUGH ABOUT A DOZEN. IT WAS VERY HELPFUL. THEY ALSO PROVIDED MAPS WHERE THESE AMENDMENTS WOULD AFFECT. THAT WAS VERY HELPFUL. AND TAKE A POLL AFTERWARDS TO GET A SENSE WHETHER PEOPLE SUPPORTED OR NOT SUPPORT WHAT WAS PROPOSED. JUST QUICKLY GETTING COMMENTS, CAMPGROUNDS AND RV PARKS, WE DIDN'T REALIZE THAT YOU'RE MAKING AN NRC ZONE PERMISSIVE IT INCLUDES GOLF COURSES. WE DIDN'T REALIZE THAT. PUTTING THEM RIGHT BEHIND PEOPLE'S PROPERTY THAT WOULDN'T GO OVER VERY WELL. I THINK WE'RE NOT READY TO APPROVE THAT. I THINK THEY NEED MORE ANALYSIS AND REVIEW. PLEASE DON'T APPROVE IT JUST YET. ALSO CANNABIS. MY SENSE IS YOU'RE WITHDRAWING IT AND DOING A REVIEW OF IT WHICH I STRONGLY SUPPORT. GEOGRAPHIC RESPONSIVENESS, THERE'S STRONG NEIGHBORHOOD SUPPORT FOR GEOGRAPHIC AND CLIMATE RESPONSIVENESS TO LOOK AT WHEN YOU BUILD AN APARTMENT TO LOOK AT THE WONDERFUL VIEWS. >> THANK YOU, YOUR TIME IS UP. >> CAN I ADD MORE? >>COUN. BORREGO: I WOULD LIKE TO HER TO CONTINUE. >> THANK YOU VERY MUCH. WE HAVE THE GREATEST ASSET OF ANY CITY, IT'S THE VIEWS. WE NEED TO LOOK AT THE CLIMATE, THE SUN AND THE SHADE AND DESIGN THINGS APPROPRIATELY. I'M ALL ABOUT GOOD DESIGN AND SO IS EVERYONE ELSE. LIQUOR AND NICOTINE RETAIL FOR CONDITIONAL USE. THAT WAS STRONG SUPPORT FOR THAT. PUTTING RESTAURANTS WITH DRIVE THROUGH WINDOWS IN THE ANNEX ZONE IS YOUR NEIGHBORHOOD SHOPPER CENTERS. IT WAS A C1 USE BEFORE. WE HAVE ONE AT PETROGLYPH THAT IS CAUSING PROBLEMS. THERE ARE PEOPLE WHO ARE REALLY UPSET WITH THE NEW RESTAURANT THAT GOT PUT IN. WE SHOULD NOT MAKE THAT A PERMISSIVE USE. ALSO, I GUESS I'LL JUMP TO NORTHWEST MESA BPO. THEY'RE IN STRONG SUPPORT FOR THAT. YOU'RE ALREADY HEARD ONE OF THE PEOPLE COMMENT ON IT JUST A WHILE AGO THAT THE MONUMENT IS A GREAT RESOURCE. WE NEED TO BUILD SENSITIVELY AROUND IT. WE WANT TO SHOWCASE OUR MONUMENT. WE WANT TO BUILD SENSITIVE THINGS. THERE'S STRONG SUPPORT FOR THAT AMENDMENT. I WOULD LIKE FOR THE RED LINE DRAFTERS, THERE'S THINGS IN THERE WE HAVEN'T HAD TIME TO REVIEW. I'D LIKE THE PLANNING DEPARTMENT TO DO THE SAME REVIEW THEY DID LAST WEEK WITH US ON SOME OF THESE REGARDING VIEW PRESERVATION. AND THE OPEN SPACE DEFINITION AND PARKING. >>COUN. BORREGO: I ALLOWED YOU TO DO IT BECAUSE YOU'RE REPRESENTING THE COALITION, YOU NEED TO WRAP IT UP. >> I'M DONE. I JUST WANT US TO REALIZE THE BIGGEST PROBLEM IS THE PROCESS OF SO MANY AMENDMENTS AND NOT ENOUGH TIME TO SPEAK ON THEM. >>COUN. BORREGO: THANK YOU. >> YOU SAW THAT LAST WEEK. >>COUN. BORREGO: COUNCILOR JONES, DO YOU HAVE A QUESTION? >>COUN. JONES: NO. I JUST HAVE A QUESTION, MADAM PRESIDENT. I'M SORRY TO SAY THIS, I DON'T THINK IT'S APPROPRIATE TO GIVE PUBLIC COMMENT SPEAKERS THIS MUCH TIME. THEY HAVE EVERY OPPORTUNITY TO SPEAK WHEN WE TALK ON THE LEGISLATION. WE EITHER CHANGE THE RULES OR THE RULES GET -- >>COUN. BORREGO: THANK YOU, COUNCILORS. SHE'S REPRESENTING THE COALITION. THAT'S WHY I GAVE HER MORE TIME. >>COUN. JONES: IT DOESN'T SAY THAT. IT SAYS EACH SPEAKER SHALL HAVE A SET AMOUNT OF TIME. I'M SORRY. I THINK WE NEED TO ADDRESS THE RULES OR FOLLOW THE RULES. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR. NEXT. >> OUR NEXT SPEAKER IS SARAH. PLEASE FEEL FREE TO TURN YOUR VIDEO ON. UNMUTE YOURSELF, AND YOUR ONE AND A HALF MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> GOOD AFTERNOON, I'M SPOKING ON BEHALF OF THE BOARD OF DIRECTORS OF CHAMBER OF COMMERCE. WE OPPOSE B1 BECAUSE IT FAILS TO ADDRESS THE KEY CHALLENGES WITH RESPECT TO HOMELESSNESS. THERE'S TWO THINGS WE CAN AGREE ON WHEN ADDRESSING HOMELESSNESS. OUR COMMUNITY DESPERATELY LACKS OVERNIGHT SHELTERING WITHIN CITY LIMITS AND FOR SINGLE ADULTS. WE DON'T HAVE ENOUGH SHELTER BEDS IN THE ALBUQUERQUE AREA. THE ONES WE HAVE ARE FAR FROM THE CITY. LIMITS OUR SIZE TO THIS 30 OR 60 BEDS WILL ENSURE THIS PROBLEM WITH INSUFFICIENT SHELTERING CONTINUES. I THINK WE CAN AGREE THAT WE MUST THEN CONSIDER IMPROVE COORDINATION OF SERVICES AND CARE TO HELP PEOPLE EXPERIENCING HOMELESS FIND AND TRANSITION INTO STABLE HOUSING. IT'S IMPERATIVE THAT IT ALL BE LOCATED TO CONNECT HELP TO THE RANGE OF HELP THEY NEED. IT WILL BE IMPOSSIBLE TO CREATE THIS IN A FACILITY WITH JUST 30 OR 60 BEDS LET ALONE A DISBURSED FACILITY ALL OVER TOWNS. WE RESPECTFULLY OPPOSE AMENDMENT B1, WE URGE YOU TO REJECT IT. THANK YOU. >> THANK YOU. OUR NEXT SPEAKER IS SHAUNA. TURN YOUR VIDEO ON, UNMUTE YOURSELF AND YOUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> THANK YOU, MADAM PRESIDENT, MEMBERS OF THE CITY COUNCIL. I'M ASKING ALL MARIJUANA AMENDMENTS BE DEFERRED. IT SHOULD BE A PRIORITY FOR THE COUNCIL TO WAIT FOR STATE REGULATIONS AND GUIDELINES AND TO HAVE PEOPLE OF COLOR VOICES THAT HAVE BEEN HARMED FROM CRIMINALIZATION AT THE TABLE. THESE COMMUNITIES HAVE NOT BEEN AT THE TABLE FOR REGULATION OF CANNABIS ACT. PLEASE STOP ANYTHING THAT WOULD CONTINUE TO CRIMINALIZE COMMUNITIES OF COLOR BY PUSHING THEM OUT OF THE INDUSTRY THAT WOULDN'T BE HERE IF IT WASN'T FOR PASSING OF HB2. I AGREE WITH PREVIOUS SPEAKERS, THE COUNCIL HAS A RESPONSIBILITY TO CREATE A CANNABIS ISSUE THAT PROVIDES OPPORTUNITIES FOR SMALL BUSINESSES ESPECIALLY THOSE COMMUNITIES. NOT ONLY THOSE WHO HAVE A VESTED INTEREST IN THE INDUSTRY. THANK YOU. >>COUN. BORREGO: THANK YOU. COUNCILORS, I JUST WANT TO RECORD TO REFLECT THAT COUNCILOR HARRIS HAS JOINED US. I WOULD LIKE TO STATE THERE ARE FOUR INDIVIDUALS WHO HAVE JOINED US THAT HAVE ASKED TO SPEAK. WE'RE GOING TO NEED TO SWEAR THOSE INDIVIDUALS IN. COUNCILOR HARRIS, DID YOU HAVE YOUR HAND UP? >>COUN. HARRIS: YES. JUST A QUESTION FOR THE LAST SPEAKER. PEOPLE ARE ASKING FOR THESE AMENDMENTS TO BE DEFERRED. I'M WONDERING IF THEY WOULD ALSO SUPPORT US DOING NOTHING OR HAVING MORATORIUMS SO NOTHING HAPPENS FOR THE NEXT SEVERAL MONTHS. IF WE DO NOTHING, THE PROBLEM IS SOME BUSINESSES COULD OPEN UP WHEN THERE'S A VACUUM OF NO REGULATIONS. I'M WONDERING WHAT WOULD BE THE EFFECT OF NOT DOING ANYTHING? COULD WE GET BUSINESSES THAT ARE ABLE TO OPEN. AT THAT POINT THEY HAVE RIGHTS TO STAY THERE. >>COUN. BORREGO: I'M GOING TO DEFER. >> YES. RIGHT NOW, THE IDO IN ITS CURRENT FORM ADDRESSES CANNABIS. WE HAVE NOT BEEN UPDATED WITH THE CANNABIS REGULATION ACT AT THE LEGISLATURE. SO THE AMENDMENTS THAT ARE BEING CONTEMPLATED AT THIS TIME RELATES TO THE CHANGES IN THE STATE LEVEL AND HOW THE IDO MIGHT BE ACCOMMODATED. CANNABIS RELATED BUSINESSES ARE PERMISSIVE UNDER CERTAIN CIRCUMSTANCES. THE IDO DOES NOT RESPOND TO SOME OF THE CHANGES AT THE STATE LEVEL, INCLUDING SOME THAT COMPEL CHANGES WITHIN THE IDO WITH RESPECT TO DISTANCE REQUIREMENTS. THE DISCUSSION NOW IS TO HOW BETTER ADDRESS THIS INDUSTRY THAT IS COMING ONLINE WITHIN THE CITY. IF THE CITY COUNCIL DOES NOTHING WITH IDO AT THIS TIME, WITH RESPECT TO CANNABIS BUSINESSES, THE REGULATIONS THAT EXIST TODAY WILL GO INTO EFFECT WHETHER THEY'RE MORE OR LESS LENIENT. THOSE BUSINESSES OCCUR WITHIN THE CITY, THEY WOULD ENJOY GRANDFATHERED TYPE OF CATEGORY WITHIN THE OVERALL IDO. IN WHICH CASE, THE CITY IS WITHOUT ABILITY TO IMPOSE REGULATIONS GOING FORWARD. >>COUN. BORREGO: COUNCILOR HARRIS, DID YOU HAVE ANY ADDITIONAL COMMENTS? >>COUN. HARRIS: WHAT'S THE EARLIEST THAT OFFENSE THESE PLACES CAN OPEN UNDER THE CURRENT REGULATIONS? >> MADAM PRESIDENT, COUNCILOR HARRIS, THE WAY THE CANNABIS REGULATION ACT IS SET UP IS WINDOWS OF TIME FOR THE REGULATORY AGENCY TO IMPLEMENT RULES AND TO AUTHORIZE ISSUANCE OF LICENSES FOR VARIOUS ASPECTS OF THE INDUSTRY. THE ACT SUGGESTS NO LONGER THAN SEPTEMBER 1. IT'S SUPPOSED TO BEGIN LICENSING AND MANUFACTURE, THAT WOULD BE JANUARY 1 WITH NO LATER THAN APRIL 1, 2022. >>COUN. HARRIS: COULD SOMEBODY GET -- UNDER CITY LAW, BEFORE THEIR LICENSED FULLY COULD THEY GET A PERMIT OR APPROVAL FROM THE PLANNING DESK FOR ONE OF THESE BUSINESSES? >> MADAM PRESIDENT, COUNCILOR HARRIS, SOMEBODY WOULD BE ABLE TO COME IN AND MAKE A REQUEST FOR A TENANT IMPROVEMENT, HOWEVER IN ORDER TO ENJOY A STATUS OF GRANDFATHERING YOU NEED TO BE OPERATING. WITHOUT THE LICENSE, YOU DON'T HAVE THE USE IN EFFECT. OUR BUSINESS LICENSE COMPONENT OF THE CITY WOULD HAVE TO BE UPDATED IN ORDER TO REGISTER CANNABIS-RELATED BUSINESSES. I DON'T KNOW THOSE RULES HAVE BEEN UPDATED YET. LICENSING WOULD BE REQUIRED BEFORE YOU HAVE A BUSINESS. ALTHOUGH YOU CAN DO THINGS BEFORE GETTING A LICENSE, I DON'T THINK YOU COULD BOOKMARK YOUR USE FOR PERMANENCY UNTIL YOU BEGIN OPERATING. >>COUN. HARRIS: ONE MORE THING, WOULD IT BE SAFE TO SAY THAT THE CITY IS SAFE AT LEAST UNTIL SEPTEMBER 1 TO NOT DOING ANYTHING. WHAT I'M CONCERNED IS IF WE DON'T DO ANYTHING SOMEBODY GETS GRANDFATHERED IN AND THEY CAN SUE FOR DISPAIRMENT TREATMENT AND YOU ALLOW SOMEBODY TO OPERATE IN WAYS THAT DON'T COMPLY WITH ZONING LAWS. MY CONCERN IS NOT DOING ANYTHING CAN TIE OUR HANDS IN TERMS OF WHAT WE DO IN THE FUTURE. WOULD IT BE SAFE TO SAY WE DO NOT NEED TO DO A MORATORIUM UNTIL SEPTEMBER 1, IT'S ALREADY THERE IN A WAY? >> MADAM PRESIDENT, COUNCILOR HARRIS, PERHAPS IN A VERY TECHNICAL WAY IT IS. HOWEVER, I THINK THAT LOOK JUST A LITTLE BIT BEFORE THE ACTUAL BUSINESS LOCATION OPERATING COMPONENT OF THESE, WE CAN ANTICIPATE THERE'S A GOOD DEAL OF LEAD UP WITH RESPECT TO THE CANNABIS BUSINESS THAT REQUIRE SOME AMOUNT OF PUTTING TOGETHER FUNDS, BUSINESS PLANNING, RECRUITING EMPLOYEES. WITH THAT, IDENTIFYING LOCATIONS FOR OPERATION. THAT WILL LIKELY BE PART OF LEAD UP TO LICENSING OR OPERATION. WITH ANY BUSINESS, I THINK 90 TO 120-DAY LEAD UP IS A MINIMUM. LICENSES LIKELY WON'T COME UNTIL FALL OR WINTER. THEY WON'T HAVE MUCH PREDICTABILITY UNDER THE IDO IF CHANGES ARE GOING TO BE PROPOSED. IT MAY BE MORE OR LESS TRICKY. >>COUN. HARRIS: I'M SORRY, MADAM PRESIDENT, IT COULD CAUSE HARDSHIP, NUMBER ONE. NUMBER TWO, IT COULD LEAD TO CAUSES OF ACTION THAT SOMEONE INVESTED A LOT OF MONEY INTO A CERTAIN LOCATION AND AT THE LAST MINUTE WE REGULATE THAT ISSUE, COULD THAT BE AN ISSUE? >> THE CITY DOES HAVE BROAD DISCRETION TO CHANGE LANGUAGE IN ADVANCE OF NESTING OF A PRIVATE PROPERTY RIGHT. THE POINT OF TIME YOU'RE DISCUSSING IS THAT POINT. IF THE CITY WERE TO IMPLEMENT REGULATION AFTER THE INVESTMENT OR EFFORTS WERE MADE WOULD RELY ON CITY APPROVAL. IT WOULD BE PROBLEMATIC FOR THE CITY TO TRY CHANGE COURSE AT THE TIME. >>COUN. HARRIS: OKAY. SOUNDS LIKE A MORATORIUM MIGHT BE HELPFUL. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR HARRIS. COUNCILOR DAVIS ALSO HAS A QUESTION, IT APPEARS. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. I KNOW WE'RE IN PUBLIC COMMENT, BUT I WANTED TO CLARIFY SOMETHING. I THINK IT'S BEEN UPDATED SINCE THE LAST UPDATE WE HAVE. TO COUNCILOR HARRIS'S POINT, I REALIZE THE STATE LAW SAYS THE STATE MUST ISSUES LICENSES NO LATER THAN SEPTEMBER 1. BUT THE RULES IS THEY BEGIN ACCEPTING LICENSES ON JULY 21 AND COULD BEGIN AUTHORIZING SOME OF THE NEW LICENSES INCLUDING THE PRODUCTION LICENSES WITHIN A COUPLE OF WEEKS FOR EASY APPLICATION FOR EXPANSIONS OF CURRENT LICENSE. I THINK THAT'S WHAT WE'RE HEARING FROM THE COMMUNITY MEMBERS TODAY IS EXACTLY WHAT COUNCILOR HARRIS SAID. IN ORDER TO APPLY IN JULY THEY HAVE TO SHOW COMPLIANCE WITH THE CITY ZONING. IF SHE CHOOSE TO DO NOTHING OR PASS A LAW, THEY SHOW THEY COMPLY WITH THE CITY ZONING. THE STATE IS MOVING FASTER WHICH IS PRESSING US TO MAKE THESE DECISIONS AND HEAR THESE ISSUES OUT. THANK YOU. >>COUN. BORREGO: DO YOU HAVE ANY OTHER COMMENTS? THANK YOU, COUNCILORS. WE HAVE FOUR PEOPLE THAT ARE BEING MOVED INTO THE CHAT ROOM. I WOULD LIKE TO SWEAR YOU IN, IF YOU ARE DISCUSSING 0-21-60. ARE THEY IN THE ROOM? >> IF WE HAVE MONET, BILL, AND MS. WARD, AND BEN. WE NEED TO SWEAR YOU IN. WE MAY WANT TO DO IT JUST TO BE SAFE. IF YOU ALL CAN TURN YOUR VIDEO ON AND UNMUTE YOURSELF SO WE CAN SWEAR YOU IN. >> CAN I SAY SOMETHING REAL QUICK? >>COUN. BORREGO: NO YOU CAN'T, MA'AM. I'M GOING TO SWEAR YOU ALL IN. WE'LL CALL ON YOU TO SPEAK. THE INDIVIDUALS THAT HAVE JUST BEEN CALLED INTO THE CHAT ROOM, IF YOU ARE HERE TO SPEAK ON 0-21-60, I'M GOING TO SWEAR YOU IN. YOU NEED TO RAISE YOUR RIGHT HAND. WE CAN'T SEE YOU. I GUESS YOU HAVE YOUR HAND UP? >> I DO. I APOLOGIZE. I'M IN A REMOTE AREA IN THE FOUR CORNERS. >>COUN. BORREGO: ALL RIGHT. THANK YOU. FOR THE FOUR INDIVIDUALS THAT ARE SLATED TO SPEAK, DO YOU SWEAR TO TELL THE TRUTH AND NOTHING BUT THE TRUTH? >> YES. >> YES. >> YES. >> I DO. >>COUN. BORREGO: THANK YOU SO MUCH. WE WILL MOVE INTO THE SPEAKERS. >> THANK YOU, MADAM PRESIDENT. OUR FIRST SPEAKER IS MONET. PLEASE UNMUTE YOURSELF AND YOUR ONE AND A HALF MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> MADAM PRESIDENT, I WAS ASKING TO CLARIFY WHEN I'M ON HERE. MY NAME IS ERICA, MY ACCOUNT IS SHADY. I WANT TO SWEAR IN AS ERICA. >>COUN. BORREGO: SO THE NAME APPEARING ON THE SCREEN IS NOT YOUR NAME, RIGHT? COULD YOU SPELL YOUR LAST NAME? >> DAZIS-CRUMP. >>COUN. BORREGO: THANK YOU. GO AHEAD AND SPEAK. >> HI. I HOPE EVERYBODY IS WELL TODAY AND HEALED TO THEIR BEST OF THEIR ABILITY. I'M WANTING TO SPEAK ON THE RULES AND REGULATIONS AND ZONING FOR CANNABIS TODAY. I DO POLICY COMMUNICATION FOR THE COMMUNITY HERE. IT'S REALLY IMPERATIVE THAT BLACK FOLKS, INDIGENOUS FOLKS AND BROWN FOLKS SHOW UP TO THIS TABLE FOR THESE DECISION AND AMENDMENTS. AND I DEFINITELY AGREE WITH COUNCILOR HARRIS ABOUT MORATORIUM AT LEAST HOLDING OFF. THERE'S NO REASON WE WENT THROUGH A WHOLE SPECIAL SESSION FOR US TO JUMP THE GUN BEFORE OUR TIME. THERE'S NOBODY AT THE TABLE. FOR INSTANCE, MYSELF WHO HAVE BROTHERS AND COUSINS WHO HAVE RECORDS THAT NEED TO BE EXPUNGED BEFORE WHITE PEOPLE MAKE MONEY OFF CANNABIS AND PEOPLE START TO EXCLUDE US FROM THE VERY THINGS THAT OPPRESSED US AND SO MUCH HARM AT THE END OF THE DAY IT'S MEDICINE. I IMPLORE YOU ARE TO WAIT ON THE STATE LIKE WE WOULD DO FOR PSL OR WE COULD JUMP THE GUN AND REALLY DO SOME HARM TO OUR COMMUNITIES. AND REALLY DAMAGE OUR COMMUNITIES EVEN DEEPER THAN WE ALREADY HAVE SEEN. I IMPLORE YOU TO PLEASE DEFER OR IMPOSE THIS MORATORIUM. YOU HAVE LESS THAN SIX WEEKS WITH JULY COMING UP WITH THESE REGULATIONS FROM THE STATE. AND THERE ARE NO PEOPLE AT THE TABLE IN THESE CONVERSATIONS. >> THANK YOU. I APPRECIATE YOU. >>COUN. PEÑA: I'D LIKE TO HEAR SOME MORE OF HER COMMENT. >>COUN. BORREGO: COUNCILOR PEÑA, GO AHEAD. >> THANK YOU. I APPRECIATE YOU FOR TRYING. IT'S JUST REALLY IMPERATIVE. I'VE BEEN WATCHING THIS BILL TREK THROUGH THE HOUSE FOR THE LAST 60 DAYS. AND I WATCHED THE GOVERNOR CALL A SPECIAL SECTION THAT WAS EXPENSIVE FOR ALL OF US. LET'S NOT WASTE OUR RESOURCES. LET'S TRUST OUR STATE LIKE WE KNOW THAT THIS NEEDS TO BE DONE. NOTHING FOR US WITHOUT US AT THE TABLE. IT'S VERY IMPERATIVE THAT YOU HAVE BLACK AND INDIGENOUS AND BROWN FOLKS THAT HAVE BEEN IMPACTED FOR SENTENCES LESS THAN A DIME BACK FOR MORE THAN A MURDER CHARGE. WE HAVE TO DO THIS RIGHT AND ALLOW THE RIGHT PEOPLE WHO HAVE EVERY SHADE OF BROWN AND BLACK TO COME TO THE TABLE TO BUILD THIS GENERATIONAL WEALTH FOR OUR COMMUNITY BECAUSE IT'S STUMPED US THE MOST. BEFORE WE JUMP ON ZONINGS AND THINGS LIKE THAT JUST WAIT. YOU HAVE LESS THAN SIX WEEKS BEFORE MOVING WITH THE STATE OF NEW MEXICO. WE'VE TRUSTED OUR REPS AND OUR SENATORS UP TO THIS POINT, LET'S DO THIS TOGETHER. AND LET'S NOT MOVE OUT OF STEP OR OUT OF ALIGNMENT BECAUSE THAT WILL REALLY BE CAUSING DEEPER HARM FOR THE BLACK AND BROWN COMMUNITY. >>COUN. BORREGO: THANK YOU, WE APPRECIATE YOUR COMMENTS. >> OUR NEXT SPEAKER IS BILL. PLEASE FEEL FREE TO TURN YOUR VIDEO BACK AND UNMUTE YOURSELF. YOUR ONE AND A HALF MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> GOOD AFTERNOON, COUNCIL. THANKS FOR HAVING ME HERE. I HAVE A FAMILY-OWNED BUSINESS. I OPERATE IN SOUTHERN COLORADO. I'M INTERESTED IN ALL OF NEW MEXICO. I THINK THE NEW PROPOSALS IN TERMS OF SETBACK FROM 1,000-FOOT CENTER -- WHAT I'VE SEEN IN COLORADO FOR THE PAST 11 YEARS IS YOU LEAVE REVENUE AND JOBS ON THE TABLE. ALL OF THAT GOES BACK INTO THE BLACK MARKET WHEN YOU DO THAT. I DON'T THINK IT'S GOOD TO ALLOW SOMEONE TO PLANT A STICK AND TO KEEP PEOPLE OUT OF A THOUSAND-FOOT BARRIER. I'VE WATCHED THIS GO ON IN COLORADO, IT JUST LIMITS THE COMPETENT OPERATORS. I THINK WHAT YOU WANT IS A FREE-MARKET LIMITATION NOT THE ZONING. IF YOU NEED THE ZONING, AND YOU CAN'T LIVE WITHOUT IT, IT TOOK YEARS FOR TRINIDAD TO BECOME THAT DENSELY POPULATED WITH MARIJUANA STORES. I THINK A 60-DAY WINDOW WITH AN EXEMPT PERIOD FOR EVERYONE CAN COME IN AND YOU PROCESS THAT APPLICATION SO EVERYONE KNOWS WHO EVERYONE IS. I DON'T KNOW HOW -- WHEN WE SINK MONEY INTO A PROPERTY AND WE TRY TO DEVELOP IT AND WE FIND HALFWAY IN THAT SOMEBODY IS WITHIN A THOUSAND FEET OF US, THAT'S GOING TO DISCOURAGE GOOD OPERATORS FROM TAKING THAT RISK. >> YOUR TIME IS UP, SIR. OUR NEXT SPEAKER IS MS. WARD. GO AHEAD UNMUTE YOURSELF. YOUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> MADAM PRESIDENT, COUNCILORS. QUICKLY HERE ARE THE WISHES ARE THE -- PLEASE VOTE AGAINST A2. THERE COULD BE RV AND TENT CAMPUS ON THE COURSES. AGAINST A10. DRIVE THROUGHS SHOULD NOT BE -- EFFECTIVE NEIGHBORHOODS MUST HAVE THE OPPORTUNITY TO INFORM ZONING BODIES OF PARTICULAR CIRCUMSTANCES AND POTENTIAL EFFECTS IN A FORMAL HEARING. VOTE AGAINST 8-14. SHORTENING THE TIME CITIZENS MAY REQUEST A MEETING ASSUMES THERE WILL BE NO ERROR IN THE INITIAL NOTIFICATION. THE FRMA EXPERIENCED BEING LEFT OFF A NOTIFICATION LIST AND IN A POSITION TO NOT COME TO THE MEETING. PLEASE VOTE FOR A8. WORKERS AND RESIDENTS OF HIGHER DENSITY AREAS SHOULD HAVE THE SAME PROTECTIONS REGARDING LIQUOR AND NICOTINE RETAIL. PLEASE VOTE FOR A18. THE CITY HAS A LONG-TERM DUTY TO PROTECT THE NATIONAL MONUMENT. SOME ADDITIONAL PROPS, 815 NEEDS THOROUGH VETTING TO ASSURE CHANGES NOT DOING UNDER THE GUISE OF TECHNICAL CLARIFICATION. THANK YOU. >> OUR NEXT SPEAKER IS BEN. FEEL FREE TO TURN YOUR VIDEO BACK ON, UNMUTE YOURSELF, AND YOUR ONE AND A HALF MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> COUNCIL PRESIDENT, COUNCILORS, THANKS FOR THE OPPORTUNITY. I'M THE EXECUTIVE DIRECTOR OF THE NEW MEXICO CANNABIS CHAMBER OF COMMERCE. ERR GRATEFUL TO THE MAYOR'S OFFICE AND COUNCILORS THAT HAVE SOUGHT INPUT AND HAD A DIALOGUE WITH THE CANNABIS INDUSTRY REGARDING THE IDO PROPOSED AMENDMENTS FOR THE NEW EXCITING INDUSTRY FOR THE ENTIRE STATE FOR THE CITY. BASED ON THE CONVERSATIONS WE'VE HAD, WE FEEL THE PROPOSAL HAS COME A LONG WAY. I HAVE NOT SEEN THE LATEST VERSION. I'M SORRY I COULDN'T IDENTIFY IT. WE STILL HAVE CONCERNS AROUND ANY PROHIBITION OF WHERE CANNABIS BUSINESSES CAN BE RELATED TO MAIN STREETS AND SIGNAGE PROHIBITIONS THAT MAY BE INAPPROPRIATE AND ILLEGAL BASED ON THE STATUTE THAT WAS PASSED THIS YEAR. THE BIG MESSAGE IS THE INTENT OF THE LEGISLATION AND THE WORK OF THE CANNABIS CHAMBER WAS TO OPEN UP OPPORTUNITIES FOR HOME GROWN BUSINESSES TO TAKE PART IN THIS EXCITING INDUSTRY. I URGE THE COUNCIL TO LOOK FORWARD AND NOT LOOK BACK. WHEN WE LOOK AT WHAT OTHER STATES HAVE DONE IN TERMS OF ZONING AND OTHER LAWS AND REGULATIONS, WE'RE LOOKING BACKWARD. I THINK THE OPPORTUNITY TO LOOK FORWARD TO WHEN THERE'S BROADER LEGALIZATION ACROSS THE COUNTRY. WHEN CANNABIS IS FEDERALLY MADE LEGAL AND TO REALLY NOT FURTHER STIGMATIZE CANNABIS AND CANNABIS BUSINESS. THE BEHAVIOR AROUND RETAIL PURCHASE IS THEY MAKE A PURCHASE AND TAKE IT HOME AND ENJOY IT THERE. >> THANK YOU, SIR. YOUR TIME IS UP. >> THANK YOU, COUNCIL. >>COUN. BORREGO: COUNCILOR HARRIS, DO YOU HAVE A QUESTION? >>COUN. HARRIS: YES. A COUPLE QUESTIONS. I WANT TO FOLLOW UP WITH WHAT I READ IN THE NEWSPAPER. IS IT THE CANNABIS CHAMBER'S POSITION IS IT SHOULD BE TREATED LIKE A COFFEE SHOP IN TERMS OF ZONING? >> THAT WAS ONE EXAMPLE THAT WAS USED IN THE NEWSPAPER. I THINK IT SHOULD BE TREATED LIKE OTHER BUSINESSES. IT'S NOT REALLY A BAR. IT'S NOT REALLY A BREWERY. IT'S MORE SIMILAR TO A WALL GREENS OR COFFEE SHOP OR ANY OTHER FORM OF RETAIL IN THE SENSE IT'S SOMETHING PURCHASED AND TAKEN HOME. I FEEL THERE'S A STIGMA OF PEOPLE WALKING OUT OF RETAIL CANNABIS STORES, USING CANNABIS ON THE SPOT, AND YOU HAVE IMPAIRED PEOPLE WANDERING THE STREETS AROUND CANNABIS DISPENSARIES. I THINK THAT'S THE NOTION AND SENTIMENT I SOUGHT TO DISPEL. >>COUN. HARRIS: THE STATE LEGISLATURE DID PROVIDE THAT MINORS CANNOT PURCHASE THIS, CORRECT? >> THAT'S CORRECT, COUNCILOR. >>COUN. HARRIS: AND FOR DRUGS THAT ARE NARCOTICS AND SO FORTH, MINORS CAN'T PURCHASE THOSE, EITHER. YOU HAVE TO HAVE I. D. I DON'T THINK A WALGREENS. THERE'S MORE REGULATION. >> I THINK MY POINT IS THIS IS A HIGHLY REGULATED INDUSTRY THAT HAS BEEN OPERATING IN THE MEDICAL CANNABIS PROGRAM FOR THE LAST TEN YEARS. STARBUCKS WAS THE COMPARISON I CHOSE TO MAKE. I WOULD BE OPEN TO MAKING OTHER COMPARISONS. I THINK THE COMPARISON TO ADULT ENTERTAINMENT OR EVEN TO A BAR IS EQUALLY INAPPROPRIATE FOR RETAIL CANNABIS. I DO THINK THERE'S FURTHER DISCUSSION AROUND CONSUMPTION AREAS, WHICH IS GOING TO BE A NEW LICENSE FOR THE STATE. I THINK FOR RETAIL AND DISPENSARIES, WE'RE CLOSER TO A COFFEE SHOP THAN A BAR THAT SERVES ALCOHOL. >>COUN. HARRIS: WHAT ABOUT A MICROBREWERY. I DON'T THINK ANYONE STIGMATIZES THOSE. THEY'RE REGULATED IN TERMS OF DISTANCE AND SO FORTH. DO YOU BELIEVE TAP ROOMS ARE STIGMATIZED? >> COUNCIL PRESIDENT, COUNCILOR HARRIS, I DO. WE HAVE TAP ROOMS, ALCOHOL IS NOT ALLOWED TO BE SERVED OR SOLD FOR A TIME ON SUNDAY. THE LEGISLATURE MADE A VERY SPECIFIC POINT TO NOT INCLUDE RELIGIOUS INSTITUTION IN THEIR TAKE ON ZONING. COUNCILOR, I DO FEEL LIKE IT'S STIGMATIZED. YOU DO SEE TAP ROOMS ON MAIN STREETS IN ALBUQUERQUE AS FAR AS I KNOW. IT WOULD BE LESS STIGMATIZED THAN CANNABIS. >>COUN. HARRIS: OKAY. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR HARRIS. I SEE COUNCILOR SENA HAS A QUESTION ALSO. IF YOU WOULD JUST HANG AROUND FOR A MINUTE. SHE MAY ADDRESS THAT TO YOU OR MAY NOT. >>COUN. SENA: YES, MADAM PRESIDENT. I APPRECIATE YOU CALLING UPON ME. THANK YOU TO THE CANNABIS CHAMBER OF COMMERCE. I APOLOGIZE WE DID NOT GET TO CONNECT. MY QUESTION, ONE OF MY CONCERNS IS WHAT WAS ALSO STRESSED WAS SOME OF OUR PUBLIC WHO SIGNED UP FOR PUBLIC COMMENT IS REALLY HAVING THIS BLACK INDIGENOUS PEOPLE OF COLOR AT THE REPRESENTATIONS. IS THERE ANY PEOPLE OF COLOR AT THE ORGANIZATION? >> I FEEL LIKE THE MAKE UP OF THE CANNABIS CHAMBER REFLECTS AS THE INDUSTRY EXISTS IN NEW MEXICO. WHICH IS UNFORTUNATELY TRUE THAT IT'S WHITE MEN WHO ARE LARGELY IN CHARGE AND WORKING ON THE INDUSTRY. I'M HAPPY WITH THE MICROLICENSES AND THE MICROINTEGRATED LICENSES AS NEW MEXICO'S VERSION OF EQUITY LICENSING. THE CHAMBER IS COMMITTED TO MAKE THE INDUSTRY MORE REFLECTIVE OF NEW MEXICO. THE ANSWER IS YES, NOT ENOUGH. AND WE HAVE A LONG WAY TO GO. >>COUN. SENA: THANK YOU. I APPRECIATE THAT. I WOULD LOVE TO HAVE FOLLOW-UP CONVERSATIONS. >>COUN. BORREGO: THANK YOU FOR ANSWERING THE COUNCILORS QUESTION. I WOULD ALSO LIKE TO HAVE A FOLLOW-UP CONVERSATION WITH YOU REGARDING SOME OF THE ISSUES. I HAVE BEEN APPROACHED. MAYBE AT SOME POINT AND TIME. COUNCILORS, DO WE HAVE ANY OTHER QUESTIONS? COUNCILOR PEÑA. >>COUN. PEÑA: SAME HERE. I'D LIKE TO HAVE THE DISCUSSION BECAUSE I'M VERY CONCERNED ABOUT HOW LOTS OF THE COMMENTS STATED HERE TODAY IN TERMS OF COMMUNITIES OF COLORS NOT ENGAGED. WE'RE HERE IN THIS POSITION TO HAVE TO PUSH SOME REGULATORY ISSUES OR NOT. WE'RE STILL DEALING WITH SOME OF THE IMPACTS IT'S HAD ON COMMUNITIES OF COLOR. MY QUESTION TO YOU, COUNCILOR SENA, BECAUSE MY QUESTION WAS GOING TO BE WHAT DOES YOUR BOARD OF DIRECTORS LOOK LIKE. YOU ANSWERED THAT QUESTION. THANK YOU VERY MUCH. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA. IT LOOKS LIKE COUNCILOR GIBSON ALSO HAS HER HAND UP. >>COUN. GIBSON: THANK YOU, MADAM PRESIDENT. I REALLY HATE TO INTERRUPT BECAUSE I REALLY THINK THIS TIME IS IMPORTANT FOR PUBLIC COMMENT. HOWEVER, I THINK -- I CAN EITHER DO THIS NOW OR AT THE END OF PUBLIC COMMENT. I WOULD REALLY LIKE TO HEAR FROM ONE OF THE PREVIOUS SPEAKERS WHO TALKED A LITTLE BIT ABOUT HOW SOME OF THE DISTANCING HOW THAT WOULD AFFECT HIS BUSINESS. AT LEAST INITIALLY. RIGHT AFTER WE START GIVING OUT PERMITS. MADAM PRESIDENT, I CAN HOLD THIS UNTIL THE END OF PUBLIC COMMENT. >>COUN. BORREGO: I THINK WE'RE APPROACHING THE END, COUNCILOR GIBSON. WE HAVE ONE MORE. IF YOU WOULD MIND WAITING A MINUTE AND I'LL GO TO OUR NEXT SPEAKER AND WE'LL COME BACK TO YOU, COUNCILOR GIBSON. THANK YOU FOR INDULGING THE COUNCILORS. >> OUR NEXT SPEAKER IS -- FEEL FREE TO TURN YOUR VIDEO ON AND UNMUTE YOURSELF. >>COUN. BORREGO: WELCOME. MADAM, YOU'RE MUTED. WE CANNOT HEAR YOU. >> BEFORE I START, MY TWO CENTS. I JUST WANT TO TELL YOU THAT I KEEP MY SCREEN OFF IN ORDER TO REPRESENT THE MANY PEOPLE WHO CAN'T GET ON THESE ZOOM CALLS. THERE'S THAT. AND ALSO I NEED TO REPEAT MYSELF, THERE ARE COUNCILORS WHO ARE TOO INVESTED IN THE OUTCOME OF THE IDO. I DO NOT WANT TO OFFEND ANY COUNCILORS AND I WELCOME THEIR VIEWPOINTS AND DISCUSSION, I BELIEVE COUNCILOR BENTON AND COUNCILOR JONES SHOULD NOT VOTE ON THE OUTCOME OF THESE AMENDMENTS. IN ADDITION, ISSUES HAVE BEEN BROUGHT TO LIGHT JUST RECENTLY WHERE I FEEL WARRANTED TO ASK COUNCILOR GIBSON TO RECUSE HERSELF. WE HAVE THIS IN WRITING. IN REGARD TO THE IDO AMENDMENT 2010 -- NO 2021, I DO NOT UNDERSTAND WHAT THE ISSUE IS. YOU HAVE TO PASS THESE WITHOUT DUE PROCESS. YOU NEED TO DO DUE PROCESS IN A SERIOUS FASHION. IF YOU COUNT THE AMOUNT OF FOLKS WHO ARE AWARE OF THESE AMENDMENTS IT WILL BE LESS THAN 100. WITH SUPPORT AVAILABLE IN THE MARTINEZ TOWN CASE, THAT'S WHERE THE CASE IS BEING APPEALED ALL TOGETHER. THIS CASE IS STILL IN COURT, I WOULD THINK AS A CIVIC LEADER YOU SEE THE WRITING ON THE LAW AND SLOW THIS ROLE. I BELIEVE THE MEDIATION OF THIS CASE GOES FORWARD YOU MAY SEE MANY OF THESE AMENDMENTS WILL LIKELY BE CHALLENGED. WHY NOT DO THE RIGHT THING? REWRITE THE AMENDMENT PROCESS AND RECOGNIZE OUR ROLE IN ESTABLISHING EQUITY. FIRST STEP IS TO ADDRESS THE FINALIZING OF THE NARROW. MY COLLEAGUES WHO ADVISED ON THE AMENDMENT AND 2020 SERIES MAKING GOOD POINTS. -- WHERE THE RESPECTIVE PLANS WILL NOT ALLOW THE PROPOSED AMENDMENTS. >> YOUR TIME IS UP. >> YOU HAVE IT IN WRITING. YOU'VE HEARD IT BEFORE. THANK YOU FOR YOUR TIME. >> WE HAVE FIVE OTHERS THAT SIGNED UP TO SPEAK BUT THE NAMES PROVIDED OR PHONE NUMBERS DID NOT SHOW UP. THAT WILL CONCLUDE PUBLIC COMMENT. >>COUN. BORREGO: WITH THAT, WE'LL GO BACK TO COUNCILOR GIBSON WHO HAD A COMMENT. COUNCILOR GIBSON. >>COUN. GIBSON: YES, THANK YOU, MADAM PRESIDENT. I DON'T KNOW IF BILL IS STILL ON. IF HE IS STILL HERE, I THINK IT MIGHT BE USEFUL FOR US TO HEAR A LITTLE BIT MORE FROM HIM. IT'S A RATHER SIGNIFICANT INVESTMENT. >>COUN. BORREGO: I'M GOING TO ALLOW HIM TO COME BACK ON. YOU CAN ASK YOUR QUESTION. >>COUN. GIBSON: THAT'S WHAT I'M TRYING TO DO. I THINK IT WOULD BE GOOD FOR US TO HEAR HOW THIS DISTANCING IN GENERAL WILL POTENTIALLY HAVE AN ADVERSE EFFECT ON HIM. I DID GET TO MEET WITH HIM AND SOME OTHER FOLKS OVER THE -- I THINK IT WAS FRIDAY. SOME OF YOU MAY HAVE HEARD THIS BEFORE. JUST IN CASE NOT, THIS WOULD BE A GOOD USE OF OUR TIME. COULD YOU TALK A LITTLE BIT MORE ABOUT THAT? >>COUN. BORREGO: I'M GOING TO GIVE YOU ONE MINUTE TO RESPOND, PLEASE? >> THANK YOU, MADAM PRESIDENT. COUNCILOR GIBSON, I'M THE LICENSING AND COMPLIANCE DIRECTOR. BILL HAS STEPPED AWAY. WE'RE IN A RURAL AREA. HE ISN'T AVAILABLE AT THIS MOMENT. I'M HAPPY TO SPEAK. I WORKED VERY CLOSELY ON THIS POLICY. >>COUN. BORREGO: COUNCILOR GIBSON, WOULD YOU LIKE TO HEAR FROM THIS GENTLEMAN? >>COUN. GIBSON: YES. >>COUN. BORREGO: I DID NOT SWEAR HIM IN. LET ME DEFER TO MY ATTORNEY FOR JUST ONE SECOND. THAT WILL ALLOW IT. THANK YOU. >> THANK YOU, AGAIN. THANK YOU, COUNCILOR GIBSON. THE PRIMARY ISSUE THAT WE'RE FINDING WITH THE INVESTMENT COMPONENT OF THIS IS IN ORDER TO APPLY FOR THE STATE FOR YOUR LICENSE YOU MUST HAVE POSSESSION OF THE PROPERTY. YOU NEED A LEASE OR PURCHASE AGREEMENT THAT YOU HAVE CONTROL OR WHERE YOU LIKE TO LICENSE. WE'RE SECURING PROPERTIES NOW AS ARE OTHER GROUPS. WEAN WE SEEK TO APPLY AT THE FIRST OPPORTUNITY THERE IS THAT INITIAL LICENSING PERIOD WHERE WE DON'T KNOW WHERE OTHER FOLKS WILL BE SUBMITTING APPLICATIONS. WE COULD INADVERTENTLY END UP WITHIN A THOUSAND FEET OF A GROUP THAT IS APPLYING. WE CAN DO DUE DILIGENCE OF SCHOOLS AND DAY CARES. IT'S THE OTHER UNKNOWN APPLICANTS THAT CAUSES THE CRUX. THE LEASES, I'M SURE I DON'T NEED TELL YOU THEY COME WITH HIGH EXPENSE. THE UNCERTAINTY OF NOT KNOWING WHO IS APPLYING CREATES AN ISSUE THAT COULD CAUTION INVESTMENT. WE WANT TO PROCEED WITH THE JOB CREATION AND TAX REVENUE. WE HOPE COUNCIL CAN PROVIDE A PERIOD WHERE THERE'S 60 DAYS WHERE FOLKS CAN SUBMIT APPLICATIONS WITHOUT BEING BEHOLDANT. AS YOU MIGHT GET MULTIPLE APPLICANTS WITHIN THE SAME DISTANCE. >>COUN. BORREGO: THANK YOU SO MUCH. THAT WAS YOUR ONE MINUTE. THANK YOU. WE'RE GOING TO MOVE ON OUR AGENDA. I THINK THAT CONCLUDES ALL OF YOUR SPEAKERS. AM I CORRECT? ALL RIGHT. WE'LL MOVE TO ITEM NUMBER FIVE. WHICH IS ADMINISTRATION QUESTION AND ANSWER. COUNCILORS, DO WE HAVE ANY QUESTION FOR THE ADMINISTRATION THIS EVENING? IT APPEARS WE DO NOT. WE'LL MOVE TO THE JOURNAL. ITEM NUMBER SIX. COUNCILOR GIBSON, I NEED AN APPROVAL FOR THE MAY 17th JOURNAL. >>COUN. GIBSON: THANK YOU, MADAM PRESIDENT. I MOVE APPROVAL OF THE MAY 17th JOURNAL. >>COUN. BORREGO: I NEED A SECOND. COUNCILOR SENA, THANK YOU FOR THE SECOND. ARE THERE ANY QUESTIONS? IF NOT, WE'LL MOVE TO THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS, THAT MOTION PASSES ON AN 8-0 VOTE. I WANT TO RECORD TO REFLECT THAT COUNCILOR BENTON HAS JOINED US. WE WILL MOVE TO ITEM NUMBER SEVEN, WHICH IS THE COMMUNICATION AND INTRODUCTIONS. ARE THERE ANY CHANGES TO THE LETTER OF INTRODUCTION. I WILL BEGIN WITH COUNCILOR BENTON. COUNCILOR BENTON. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. I MOVE THE RULES BE SUSPENDED FOR THE PURPOSE OF PLACING R-175 ON TODAY'S AGENDA FOR ACTION. IT'S AMENDING THE ADOPTING CAPITAL IMPLEMENTATION PROGRAM. BY APPROVING PROJECTS AND CHANGING SCOPE OF EXISTING PROJECTS RELATING TO DISTRICT TWO NEIGHBORHOODS. >>COUN. BORREGO: I'LL SECOND THAT MOTION, COUNCILOR. ARE THERE ANY QUESTIONS, COUNCILORS? IF NOT, WE NEED A TWO-THIRDS MAJORITY OF THE VOTE FOR THIS PARTICULAR ITEM TO BE PLACED ON TODAY'S AGENDA. I WILL MOVE TO MS. ORTEGA. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS THAT MOTION PASSES ON AN 8-0 VOTE. WE'LL MOVE TO THE NEXT ORDER OF BUSINESS WHICH IS O-68. COUNCILOR GIBSON. >>COUN. GIBSON: THANK YOU, MADAM PRESIDENT. I MOVE THAT THE RULES BE SUSPENDED FOR THE PURPOSE OF INTRODUCING O-68 IN REFERRING TO THE FINANCE AND GOVERNMENT OPERATIONS COMMITTEE. O-68 IS AMENDING SECTIONS 4-8-8 AND 4-8-13 OF THE CITY OF ALBUQUERQUE HOSPITALITY ORDINANCE. >>COUN. BORREGO: THANK YOU, COUNCILOR. I'M SECOND THAT ALSO. ADDITIONAL INFORMATION, WE NEED TWO-THIRDS MAJORITY OF COUNCILORS PRESENT TO VOTE ON THIS. ARE THERE ANY QUESTIONS? IF NOT, WE'LL MOVE TO THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT MOTION PASSES ON AN 8-0 VOTE. COUNCILOR GIBSON, I BELIEVE YOU ALSO HAVE THE NEXT ITEM. >>COUN. GIBSON: THANK YOU. I MOVES THE RULES BE SUSPENDED INTEREST THE PURPOSE OF INTRODUCING R-177 AND REFERRING TO THE FINANCE AND GOVERNMENT OPERATIONS COMMITTEE. R-177 IS APPROVING A MEMORANDUM AND AGREEMENT BETWEEN THE CITY OF ALBUQUERQUE AND PARKS RECREATION DEPARTMENT AND NEW MEXICO DEPARTMENT OF AGRICULTURE IN FISCAL YEAR 2021. >>COUN. BORREGO: I'LL SECOND THAT COUNCILORS. WE NEED A TWO-THIRDS MAJORITY OF THE COUNCIL FOR THIS TO PASS. ARE THERE ANY QUESTIONS? IF NOT, WE'LL MOVE TO MS. ORTEGA FOR THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT WAS R-177. WE'LL MOVE ON TO R-178. WE HAVE THREE SPONSORS. COUNCILOR SENA, COUNCILOR PEÑA, AND COUNCILOR DAVIS. I DON'T KNOW WHO WANTS TO PRESENT THIS. I'LL LET ONE OF YOU TAKE A STAB AT IT. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I MOVE THE RULES BE SUSPENDED FOR INTRODUCING R-178 AND REFERRING TO THE FINANCE AND GOVERNMENT OPERATION COMMITTEE. R-178 IS AMENDING THE LANGUAGE TO CLARIFY A THE CITY COUNCIL'S PILOT. >>COUN. BORREGO: THANK YOU, COUNCILOR. WE HAVE A SECOND FROM COUNCILOR GIBSON. THANK YOU. COUNCILORS, WE'LL NEED TWO THIRDS PRESENT REQUIRED TO VOTE IN ORDER TO PASS THIS. ARE THERE ANY QUESTIONS? IF NOT, ROLL CALL VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THAT MOTION PASSES ON AN 8-0 VOTE. I MOVE THE RULES BE SUSPENDED FOR THE PURPOSE OF PLACING 0C-33 ON TODAY'S AGENDA FOR ACTION. OC-33 IS STAFF RECOMMENDATION TO APPOINT PATRICIA FRENCH TO THE CIVILIAN OVERSIGHT AGENCY BOARD. WE'LL NEED A TWO-THIRDS MAJORITY OF COUNCILORS PRESENT TO PASS THIS. I SEE A SECOND FROM COUNCILOR SENA. ARE THERE ANY QUESTIONS? I DO NOT SEE ANY QUESTIONS. TAKE THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT ITEM PASSES ON AN 8-0 VOTE. WE'LL MOVE ON TO O-66. I MOVE TO WITHDRAW O-66 FROM THE LETTER OF INTRODUCTION. THIS IS ESTABLISHING MEETING START TIME FOR CITY COUNCIL. I NEED A SECOND. I HAVE A SECOND FROM COUNCILOR SENA. THANK YOU, COUNCILOR SENA. ANY QUESTIONS, COUNCILORS? IF NOT, WE'LL MOVE TO MS. ORTEGA FOR THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, MS. ORTEGA. YOU'RE ALWAYS SO GRACIOUS. THE NEXT ORDER OF BUSINESS IS R-85. AND MOVE TO WITHDRAW FROM THE LETTER OF INTRODUCTION. THIS IS RULES AND PROCEDURES FOR MEETING START TIME. I NEED A SECOND. COUNCILOR SENA, THANK YOU FOR THAT. MS. ORTEGA. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. COUNCILOR GIBSON. >>COUN. GIBSON: THANK YOU, MAD PRESIDENT. I MOVE APPROVAL OF LETTER OF INTRODUCTION. >>COUN. BORREGO: THANK YOU, YOU HAVE A SECOND FROM COUNCILOR SENA. MS. ORTEGA. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. ITEM NUMBER EIGHT IS REPORTS OF COMMITTEE. WE HAVE NONE THIS EVENING. WE'LL MOVE ON TO DEFERRALS AND WITHDRAWALS. COUNCILORS, ARE THERE ANY DEFERALLED OR WITHDRAWALS? I HAVE ONE I'D LIKE TO MENTION. R-130 ESTABLISHING A CITY HEALTHY COMMUNITY PUBLIC HEALTH AND SUSTAINABLE POLICY COMMITTEE, I MOVE DEFERRAL UNTIL SEPTEMBER 8. >>COUN. JONES: MADAM PRESIDENT. >>COUN. BORREGO: LET US TAKE A VOTE AND WE'LL MOVE ON TO THAT NEXT. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT ITEM PASSES ON AN 8-0 VOTE. COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. ON BEHALF OF COUNCILOR BASSAN, I WOULD LIKE TO MOVE R-152 NUISANCE SUBSTANDARD DWELLING IN NEED OF ABATEMENT. I MOVE DEFERRAL UNTIL JUNE 21. >>COUN. BORREGO: THANK YOU, COUNCILOR JONES. I'LL SECOND THAT. I SEE ANOTHER SECOND FROM COUNCILOR SENA. WE NEED A VOTE ON THAT. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. R-152 PASSES ON AN 8-0 VOTE. COUNCILOR SENA. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. IN THE MATTER OF R-156 NUISANCE STRUCTURE IN NEED OF ABATEMENT. I MOVE DEFERRAL UNTIL JUNE 21. >>COUN. BORREGO: THANK YOU, I'LL SECOND THAT. WE'LL NEED A VOTE ON THIS. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT MOTION PASSES ON AN 8-0 VOTE. WE'LL MOVE TO THE CONSENT AGENDA. ARE THERE ANY CHANGES TO THE CONSENT AGENDA? I'M JUST GOING TO READ THIS INTO THE RECORD. FOR THE INDIVIDUALS ON TONIGHT'S AGENDA WHO ARE BEING APPOINTED TO SERVE ON THE BOARD OR COMMISSION AND MAY BE WATCHING FROM HOME, THANK YOU FOR YOUR WILLINGNESS TO SERVE. COUNCILOR GIBSON, I NEED A MOTION. >>COUN. GIBSON: THANK YOU, MADAM PRESIDENT. I MOVE APPROVAL OF THE CONSENT AGENDA. >>COUN. BORREGO: COUNCILOR GIBSON, WE HAVE A SECOND FROM COUNCILOR SENA. TAKE THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THE CONSENT AGENDA PASSES. WE'LL MOVE ON TO ANNOUNCEMENTS. I WILL JUST READ FOR COUNCILOR BASSAN. THERE WILL BE A FINANCE AND GOVERNMENT OPERATION COMMITTEE MEETING ON MONDAY, JUNE 14 AT 3 P.M. VIA ZOOM VIDEO CONFERENCE. COUNCILOR SENA. >>COUN. SENA: THERE WILL BE A PUBLIC SAFETY COMMITTEE MEETING ON TUESDAY, JUNE 15th AT 3 P.M. VIA ZOOM VIDEO CONFERENCE. >>COUN. BORREGO: THANK YOU, COUNCILOR SENA. COUNCILOR JONES. >>COUN. JONES: THERE WILL BE A LAND USE PLANNING AND ZONING COMMITTEE MEETING ON WEDNESDAY, JUNE 16th AT 3 P.M. VIA ZOOM VIDEO CONFERENCE. >>COUN. BORREGO: THANK YOU, COUNCILOR JONES. WE'LL MOVE TO THE PUBLIC HEARING. OUR PUBLIC HEARING THIS EVENING IS AC21-4. AGENTS FOR JOSE MARTINEZ APPEALS THE ZONING HEARING EXAMINERS DECISION. WOULD YOU EXPLAIN THIS APPEAL, PLEASE? >> THANK YOU, MADAM PRESIDENT. COUNCILORS, THIS APPEAL WAS DISCUSSED IN CONJUNCTION WHETHER THE NEXT ITEM LISTED. WE BOTH FEEL THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF OLD COORS AND BRIDGE BOULEVARD IN SOUTHWEST ALBUQUERQUE. THIS IS THE SECOND TIME THIS MATTER HAS BEEN BEFORE YOU FOR CONSIDERATION OF THE RECOMMENDATION AND REVIEW OF THE ZONING DECISION ON A CONDITIONAL USE PERMIT FOR LIGHT VEHICLE FUELLING AND CONDITIONAL USE PERMIT FOR LIQUOR SALES IN CONJUNCTION WITH THE CONVENIENCE STORE. THIS PARTICULAR SITE IS BOARDERED BY RESIDENTIAL HOMES ON THE WEST END. FOR THAT REASON THE CONDITIONAL USE PERMIT IS REQUIRED FOR THE FUEL PUMP AND LIQUOR SALES. THIS MATTER CAME BEFORE THE COUNCIL ONCE BEFORE WITH AN APPROVAL FOR THE ZONING HEARING EXAMINER WITH NOVEL CONDITIONS AND LIMITATIONS. THE CITY COUNCIL REMANDED IT BACK TO THE ZONING EXAMINER TO CONSIDER THREE ISSUES. THE FIRST IS WHETHER OR NOT LIMITATION ON LIQUOR SALES THAT WERE BEING IMPOSED WERE GOING TO BE ENFORCEABLE. THE SECOND IS WHETHER OR NOT THE CONDITIONAL USES COULD BE CONDITIONED SO THEY WOULD BE EFFECTIVE SO LONG AS A SPECIFIC OPERATOR OPERATED. THE FINAL REASON FOR REMAND WAS FOR THE ZONING HEARING EXAMINER TO REEVALUATE WHETHER OR NOT THE GAS PUMPS USE WOULD INCREASE OVERNIGHT ACTIVITY AT THE PROPERTY. THAT REALLY IS THE SPECIFIC ISSUE AT HAND. THE CONDITIONAL USE STANDARD FOR EVERY CONDITIONAL USE REQUIRES THAT ADJACENT USE, NONRESIDENTIAL USE WILL NOT GET HIGHER. IT WAS DETERMINED THAT THE LIQUOR SALES CEASE WAS NOT ENFORCEABLE. WITHOUT THAT CONDITION IT COULD NOT BE GUARANTEED AND THE EVIDENCE DOES NOT DEMONSTRATE THAT NON-RESIDENTIAL ACTIVITY WOULD NOT INCREASE AFTER 8 P.M. AT THIS SITE. SIMILARLY, THE EXAMINER DID NOT FIND EVIDENCE TO SUPPORT THAT THE GAS STATION WOULD NOT INCREASE NON-RESIDENTIAL ACTIVITY AT THE SITE AFTER 8 P.M. BASED ON THOSE FINDINGS THEY DENIED BOTH CONDITIONAL PERMITS. THE FIRST TIME THEY APPEALED, THIS TIME THE APPLICANT AND THE PROPERTY OWNER ARE APPEALING THE ZONING HEARING EXAMINER DENIAL OF THE PERMITS. THE LAND USE HEARING OFFICER REVIEWED THE EXAMINER'S DECISION AND DETERMINED THE ZONING EXAMINER WAS CORRECT AND THE EVIDENCE DID NOT INDICATE THAT NON-RESIDENTIAL WOULD NOT INCREASE AFTER 8 P.M. THEREFORE, THEY'RE RECOMMENDING THE DENIAL OF BOTH PERMITS BE AFFIRMED. IT WAS ALSO AN ISSUE BROUGHT UP BEFORE THE LAND USE HEARING OFFICER ABOUT THE ENFORCEABILITY OF THE ZONING WITH RESPECT TO THIS PARTICULAR USE. THE LAND USE HEARING OFFICER WOULDN'T INTO DETAIL, AND DETERMINED THE CITY SHOULD AND COULD IMPLEMENT THE CONDITIONAL USE STANDARD ON THIS PARTICULAR REQUEST. I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT THIS MATTER. WE'LL NEED A MOTION WITH RESPECT TO EACH ITEM ON THE AGENDA. THIS ITEM MAY BE HELD FOR A FULL HEARING AT A LATER TIME WHEN YOU CAN SPEAK TO THE PARTIES. I STAND FOR ANY QUESTIONS. >>COUN. BORREGO: DO WE HAVE ANY QUESTIONS COUNCILORS? I'LL REMIND YOU TO USE THE RAISE THE HAND FEATURE IN YOUR SYSTEM. COUNCILOR PEÑA. >>COUN. PEÑA: JUST FOR CLARITY, ACCEPTING THE RECOMMENDATION AND FINDING WOULD AFFIRM THAT IT WOULD BE DENIED. CORRECT? >> MADAM PRESIDENT, COUNCILOR PEÑA. THAT'S CORRECT. >>COUN. PEÑA: OKAY. I'D LIKE TO MAKE THAT MOTION. >>COUN. BORREGO: WE HAVE SOME ADDITIONAL QUESTIONS. WE'LL KEEP THAT MOTION ON THE FLOOR. COUNCILOR GIBSON, DID YOU HAVE A QUESTION? >>COUN. GIBSON: I JUST WANTED TO ADD A SECOND TO THAT MOTION. >>COUN. BORREGO: OKAY, COUNCILOR PEÑA, YOU HAVE A SECOND TO YOUR MOTION. ANY OTHER QUESTIONS OF COUNCILORS? IT DOES NOT APPEAR THAT WE DO. WE HAVE A MOTION AND A SECOND ON THE FLOOR. THERE ARE NO OTHER QUESTIONS. WE WOULD MOVE TO MS. ORTEGA FOR THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT ITEM PASSES ON AN 8-0 VOTE. WE'LL MOVE TO AC-21-5 WHICH IS ALSO AN APPEAL. IT IS ON THE SAME ISSUE. ARE THERE ANY QUESTIONS? >>COUN. PEÑA: I'D LIKE TO MAKE A MOTION TO ACCEPT THE RECOMMENDATION AND FINDING. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA, AND I SEE COUNCILOR GIBSON HAS THE SECOND. COUNCILOR JONES. >>COUN. JONES: WOULD YOU LIKE TO GIVE US A LITTLE MORE DETAIL ON THIS PARTICULAR ISSUE? >> MADAM PRESIDENT, COUNCILOR JONES, UNLESS YOU HAVE A SPECIFIC QUESTION, MY INITIAL TALK WAS INTENDED TO COVER BOTH MATTERS. THE REASON THERE ARE TWO IS BECAUSE IT RELATES TO TWO REQUESTS. ONE FOR LIQUOR AND ONE FOR GAS. RECOMMENDATION WAS THEY BOTH BE DENIED. >>COUN. JONES: THANK YOU. >>COUN. BORREGO: ANY OTHER QUESTIONS COUNCILOR? WE'LL MOVE TO MS. ORTEGA FOR THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT ITEM PASSES ON AN 8-0 VOTE. WE'LL MOVE ON TO ITEM 13, WHICH IS APPROVALS. I WILL MOVE THE FIRST ITEM, WHICH IS OC-33. STAFF RECOMMENDATION TO APPOINT PATRICIA FRENCH IT TO THE CIVILIAN POLICE OVERSIGHT AGEANY BOARD. I MOVE FOR CONFIRMATION. I SEE SECOND BY COUNCILOR PEÑA. IS THAT A SECOND? THANK YOU. COUNCILOR DAVIS, DID YOU HAVE A SECOND? THANK YOU. ARE THERE ANY QUESTIONS? IF NOT, IS MS. FRENCH IN THE CHAT ROOM? COUNCILORS, I JUST WANT TO MENTION THAT MS. FRENCH IS IN THE CHAT ROOM. IF YOU HAD ANY QUESTIONS OF HER, OR IF YOU WANTED TO HEAR FROM HER, I CAN ASK HER TO SPEAK BEFORE WE TAKE A VOTE. >>COUN. GIBSON: I WOULD LIKE TO HEAR A BRIEF STATEMENT FROM MS. FRENCH. >>COUN. BORREGO: YES. MR. MOYA, COULD YOU PLACE HER? GOOD EVENING, MS. FRENCH. >> GOOD EVENING. >>COUN. BORREGO: IF YOU WOULD LIKE TO ADDRESS THE COUNCIL FOR ABOUT A MINUTE OR SO, THAT WOULD BE GREAT. >> OF COURSE I WOULD. I PUT IN FOR THIS COMMITTEE BECAUSE I THINK THAT MY TIME AT ALBUQUERQUE POLICE DEPARTMENT AND BEING IN SUPERVISOR AND RECORDS ENLIGHTENS ME AS TO WHAT IS THERE AND ISN'T THERE. AND SITTING ON THE POLICY AND PROCEDURE THIS CITIZEN SELECTION OF THE COMMITTEE. JUST BEING THERE 30 YEARS GIVES ME INSIGHT IN GIVING SUGGESTIONS AS TO POLICY AND PROCEDURE CHANGES THAT MAY HELP THE POLICE DEPARTMENT DURING THIS CASA AND IN THE FUTURE. LIKE I SAID, I VISITED WITH MOST OF THE COUNCILORS AND WITH THE CURRENT COMMITTEE. ILET LET THEM KNOW THE REASONS WHY I WOULD BE USEFUL TO THE COMMUNITY AND TO THE BOARD. >>COUN. BORREGO: THANK YOU. COUNCILORS, DID YOU HAVE ANY QUESTIONS? I WOULD LIKE TO WEIGH IN. I AM VERY FAMILIAR WITH MS. FRENCH'S SERVICE TO THE CITY. ESPECIALLY IN THE POLICE DEPARTMENT. I APPRECIATE HER KNOWLEDGE. I THINK SHE WILL MAKE A GOOD ADDITION TO THIS PARTICULAR COMMITTEE. WE'LL MOVE TO THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT MOTION PASSES ON AN 8-0 VOTE. CONGRATULATIONS. THANK YOU FOR JOINING AND WORKING WITH US, MS. FRENCH. >> THANK YOU. >>COUN. BORREGO: COUNCILORS, WE'LL MOVE ON TO FINAL ACTIONS. BEFORE WE MOVE TO FINAL ACTIONS I WONDERED IF THE COUNCIL, A LITTLE LATER IN THE AGENDA, I WANT TO TAKE ON SOME MOVING IRBs TO THE BEGINNING OF THE AGENDA. >> ITEM O-62 AND ITEM O-65. >>COUN. BORREGO: I WONDERED IF THE COUNCIL WANTED TO TAKE A LITTLE BIT OF A BREAK ABOUT 6:30 OR SO. WOULD THAT BE APPROPRIATE, DEPENDING ON WHERE WE ARE ON THE AGENDA? TAKE ABOUT A 20-MINUTE BREAK. OKAY COUNCILORS. MOVING TO FINAL ACTIONS. I AM GOING TO MOVE ITEM O-62 -- I'M SORRY. D, 0-62 AND ITEM D-065 TO THE BEGINNING OF THE AGENDA. I'VE GOT TO GET MY SCRIPT. I THINK CHRIS IS WITH US THIS EVENING TO DISCUSS THESE. I'LL MOVE, I BELIEVE THOSE ARE COUNCILOR BASSANS ITEMS, I'LL MOVE O-62. WOULD YOU LIKE TO EXPLAIN THESE? >> YES, THANK YOU. O-62 IS RELATED TO AFFORDABLE SOLAR AND THEIR REQUEST FOR APPROVAL OF A LOCAL DEVELOPMENT ACT TRANSACTION. THE CITY'S CONTRIBUTION IS $125,000, AND THE STATE IS $500,000. THE PROJECT WORK IS SIMILAR TO THE IRB YOU LOOKED AT. IT'S THE SAME PROJECT, THE SECOND PART OF THE STRUCTURE RELATED TO THE BUILDING ON JEFFERSON AND SINGER FOR THEIR STORAGE PROCESS. THERE IS A FLOOR SUBSTITUTE TO TAKE OUT A SINGLE WORD ABOUT EQUIPPING WHICH WAS AN OVER SIGHT. I KNOW CYNTHIA IS ON THE CALL. THIS WOULD APPROVE THE TRANSACTION FOR AFFORDABLE SOLAR. >>COUN. BORREGO: THANK YOU. WE ALSO HAVE CYNTHIA JARAMILLO ON THE CALL TO ADDRESS THIS. FOR THE PUBLIC, I WANT TO READ THIS INTO THE RECORD SO THEY KNOW WHAT ITEM WE'RE TALKING ABOUT. IT'S APPROVING A PROJECT INVOLVING AFFORDABLE SOLAR INSTALLATION PURSUANT TO THE LOCAL ECONOMIC DEVELOPMENT ACT AND ORDINANCE TO SUPPORT THE DEVELOPMENT AND IMPROVEMENT AND EQUIPPING OF FACILITY FOR RENEWABLE PRODUCTION AND STORAGE TECHNOLOGY RESEARCH IN ALBUQUERQUE, NEW MEXICO AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION WITH THE PROCESS. I SEE THAT I HAVE A SECOND FROM COUNCILOR BENTON. COUNCILOR BENTON, IS THAT A SECOND? >>COUN. BENTON: YES, MA'AM. >>COUN. BORREGO: THANK YOU FOR THAT. BEFORE WE ACTUALLY MOVE THE ORIGINAL BILL, OR PASS THE ORIGINAL BILL, WE NEED TO MOVE THE FLOOR SUBSTITUTE WHICH WAS IN YOUR iPADS. WE HAVE CYNTHIA JARAMILLO. CYNTHIA, DID YOU WANT TO SAY A COUPLE OF THINGS? >> THANK YOU. GOOD AFTERNOON, COUNCIL PRESIDENT COUNCILORS. I'M HAPPY TO SUMMARIZE THE PROJECT. IN THE INTEREST OF TIME, I WILL SUMMARIZE. WE ARE PLEASED TO BRING THIS TO YOU FOR CONSIDERATION. CITY COUNCIL PREVIOUSLY REVIEWED AND PASSED LEGISLATION AS OUR BOND ATTORNEY STATED. THAT WAS RELATED TO THE INDUSTRIAL REVENUE BOND AND TODAY AFFORDABLE SOLAR SEEKS TO ALLOW FOR THE CITY TO ADMINISTER AND DISBURSE FUNDS TOTALLING $625,000. AFFORDABLE SOLAR, I MENTIONED THIS AT A PREVIOUS MEETING, THEY WERE FOUNDED IN 1998. THEY HAVE GROWN SIGNIFICANTLY. THE STATE OF NEW MEXICO HAVE AGREED TO PROVIDE $500,000 AND THE CITY PROPOSED TO PROVIDE $125,000. THE CITY ECONOMIC DEVELOPMENT DEPARTMENT WILL SERVE AS THE FISCAL AGENT FOR THE STATE FUNDS. THESE FUNDS, AGAIN, WILL HELP THE COMPANY REIMBURSE ELIGIBLE EXPENSES FOR RENOVATIONS AND IMPROVEMENT. THESE FUNDS WILL SUPPORT THE REDEVELOPMENT AND REHABILITATION OF THE SUBJECT PARCEL AND THE PROPOSED PROJECT IS LOCATED AT 3900 SINGER BOULEVARD IN THE CITY OF ALBUQUERQUE. I'D ALSO LIKE TO MENTION THAT THE COMPANY INTENDED TO INCREASE EMPLOYMENT BY ADDING A MINIMUM OF 90 NEW EMPLOYEES OVER THE NEXT TEN YEARS. POTENTIALLY UP TO 100 NEW JOBS. PRIMARILY CONSITING OF ELECTRICIANS AND FABRICATORS. THEY PAY FROM $38,000 TO $70,000 A YEAR. THERE'S SEVERAL BENEFITS OF THIS INVESTMENT THAT INCLUDE A CAPITAL EXPENEDTURE OF OVER $6 MILLION TO BE INVESTED IN THE BUILDING. THIS EXPANSION WILL BRING NEW ECONOMIC ACTIVITY. THE COMPANY AGREES AND COMMITMENTS TO INCREASE THEIR EMPLOYEES OVER THE NEXT TEN YEARS. NOT ONLY WILL AFFORDABLE SOLAR BOOST OUR RENEWABLE ENERGY INDUSTRY, BUT IT WILL ALSO SUPPORT LOCAL BUSINESSES. ADDITIONALLY, THE ALBUQUERQUE DEVELOPMENT COMMISSION UNANIMOUSLY VOTED IN SUPPORT OF THIS PROJECT AT THEIR LAST MEETING. COUNCIL PRESIDENT, COUNCILORS, IT'S FOR ALL OF THESE REASONS THAT WE STRONGLY RECOMMEND APPROVAL OF AFFORDABLE SOLAR'S REQUEST. I WOULD LIKE TO THANK THOSE THAT HELPED BRING THIS. THANK YOU TO THE AFFORDABLE SOLAR FOR THE VESTMENT AND DEDICATION TO ALBUQUERQUE. AND THANK YOU FOR THE STATE ECONOMIC DEVELOPMENT DEPARTMENT AND THE PARTNERS AT ALBUQUERQUE DEVELOPMENT INC. THEIR SUPPORT AND WORKING WITH US ON VARIOUS ASPECTS. WE HAVE THE C.O.O. OF AFFORDABLE SOLAR AND WE HAVE SOMEONE FROM ALBUQUERQUE ECONOMIC DEVELOPMENT. WITH THAT, I STAND FOR ANY QUESTIONS. >>COUN. BORREGO: THANK YOU. ANY QUESTIONS, COUNCILORS? I DON'T SEE ANY QUESTIONS. I'LL MOVE THE FLOOR SUBSTITUTE FOR O-62 ON BEHALF OF COUNCILOR BASSAN. DO I HAVE A SECOND? COUNCILOR SENA, THANK YOU. COUNCILOR GIBSON, THANK YOU. ANY QUESTIONS REGARDING THE FLOOR SUBSTITUTE? IT DOES NOT APPEAR SO. WE'LL MOVE TO THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THE FLOOR SUBSTITUTE PASSES ON AN 8-0 VOTE. WE'LL BACK TO THE ORIGINAL BILL OF O-62. WE HAVE A MOTION AND A SECOND. COUNCILORS, DO WE HAVE ANY ADDITIONAL QUESTIONS? IF NOT, I WILL URGE YOUR SUPPORT ON BEHALF OF COUNCILOR BASSAN. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. O-62 PASSES ON AN 8-0 VOTE. WE'LL MOVE TO O-65, WHICH IS ALSO -- I'M SORRY THIS IS COUNCILOR BENTON'S. COUNCILOR BENTON, WOULD YOU LIKE TO DISCUSS THIS? >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. O-21-65 IS AUTHORIZING THE ISSUANCE AND SALE OF CITY BONDS FOR THE EL ENCANTO IRB FOR $10 MILLION TO FINANCE THE EQUIPMENT OF MANUFACTURING FACILITY. I THINK EVERYONE IS FAMILIAR WITH EL ENCANTO AND BUENO FOODS. I'LL TURN THIS TO DIRECTOR JARAMILLO. >> COUNCIL PRESIDENT, I WILL GO AHEAD AND SUMMARIZE THE PROJECT AND HAND IT OVER TO OUR BOND ATTORNEY. AS YOU RECALL, THE ECONOMIC DEVELOPMENT DEPARTMENT WAS RECENTLY BEFORE COUNCIL WITH A COUPLE OF BUENO FOOD PROJECTS. >>COUN. BORREGO: EXCUSE ME. MS. JARAMILLO. THERE'S INFORMATION I NEED TO READ INTO THE RECORD REGARDING THIS PARTICULAR ITEM WHICH IS LEGAL INFORMATION. IF YOU'LL JUST BEAR WITH ME BEFORE YOU START THAT DISCUSSION. THIS HEARING HAS BEEN CALLED PURSUANT TO SECTION 147F OF INTERNAL REVENUE CODE CONCERNING THE PROPOSED ISSUANCE OF THE CITY OF ALBUQUERQUE, NEW MEXICO AS TAX INDUSTRIAL REVENUE BONDS IN THE AMOUNT OF UP TO $10 MILLION FOR THE EL ENCANTO NOTICE OF THIS HEARING HEARING WAS PUBLISHED IN THE ALBUQUERQUE JOURNAL. THE BONDS ARE TO BE ISSUED TO FINANCE THE ACQUISITION, CONSTRUCTION OF 25,000 SQUARE FEET FREEZER FACILITY TO BE USED BY THE COMPANY IN ITS FOOD MANUFACTURING OPERATIONS. THE PROJECT WILL BE LOCATED IN THE CITY OF ALBUQUERQUE AT 2001 4th STREET SOUTHWEST, ALBUQUERQUE. AS MENTIONED IN EL ENCANTO INTENDS TO CONSTRUCT A 25,000 SQUARE FEET FREEZER ADDITION TO THE EXISTING FACILITY AND PURCHASE RELATED EQUIPMENT AND IMPROVES NECESSARY IN CONNECTION THERE WITH. TO PURPOSE OF THIS HEARING IS TO GIVE THE PUBLIC OPPORTUNITY TO ASK QUESTIONS AND COMMENTS CONCERNING THE ISSUANCE OF BONDS SO THE CITY COUNCIL MAY CONSIDER SUCH INFORMATION. AFTER ALL COMMENTS HAVE BEEN SUBMITTED, THE CITY COUNCIL WILL CONSIDER THE ADOPTION OF A BOND ORDINANCE. THE HEARING IS OPEN TO QUESTIONS AND COMMENTS. I'M SORRY. WE ARE GOING TO LET YOU SPEAK BEFORE WE OPEN UP THE HEARING. THIS IS BASICALLY A QUASI JUDICIAL CASE. I THINK THAT'S WHY WE HAD TO READ THAT INFORMATION. GO AHEAD. >> COUNCIL PRESIDENT, COUNCILORS, THANK YOU VERY MUCH. WITHOUT DIGRESSING I'LL SUMMARIZE THE PROJECT. LAST MONTH, THE BOARD OF FINANCE VOTED IN FAVOR OF THE COMPANY'S REQUEST. NOW THE COMPANY IS BACK TO FINALIZE THE TRANSACTION. THE COMPANY, AS COUNCILOR BORREGO MENTIONED, IS SEEKING $10 MILLION IN TAX-EXEMPT BONDS FOR THEIR FREEZER EXPANSION PROJECT. THE COMPANY PLANS TO CONSTRUCT A 25,000 SQUARE-FOOT FREEZER WAREHOUSE ADJACENT TO THEIR EXISTING MANUFACTURING FACILITY. THE EXPANSION WILL ALLOW THE COMPANY TO INCREASE THE FROZEN FOOD SALES IN NEW MEXICO AND EXPANDED MARKETS OUTSIDE THE STATE. COUNCILOR BORREGO MENTIONED THE BONDS WILL BE TAX-EXEMPT BONDS. THE INTEREST ON ALL NEW MEXICO IRBs ARE EXEMPT FROM NEW MEXICO INCOME TAX. IN ORDER FOR INTEREST ON IRBs TO BE EXCLUDABLE FROM GROSS INCOME FOR FEDERAL TAX PURPOSES. NUMEROUS OTHER CONDITIONS APPLY. INCLUDING RECEIVING APPROVAL FROM THE STATE BOARD OF FINANCE. THESE IRBs WILL BE SELF-FINANCED. UNDER THE AGREEMENT, BUENO FOODS WILL RECEIVE A 90% PROPERTY TAX ABATEMENT ON ANY EXISTING BUILDING OR IMPROVEMENTS ON THEIR EXISTING SITE. AND A 90% ABATEMENT ON ANY PERSONAL PROPERTY EXISTING OR NEW FOR THAT SITE. THEY WILL ALSO RECEIVE AN EXCEPTION ON ANY GROSS RECEIPTS OR TAXES DUE FOR THE PURCHASE OF NEW EQUIPMENT PURCHASED WITH BOND PROCEEDS AND OWNED AND OPERATED FOR THAT SITE. THE VALUE OF THIS INVESTMENT INTO THE COMMUNITY IS SUBSTANTIAL. BUENO FOODS, YOU DON'T HAVE TO REPEAT THAT, THEY HAVE A 70-YEAR HISTORY IN THE COMMUNITY. THEY'RE A VALUED EMPLOYER AND A GOOD CORPORATE CITIZEN. BENEFITS OF THIS PROJECT INCLUDE A CAPITAL EXPENDITURE OF $10 MILLION TO BE INVESTED IN THE CONSTRUCTION. THIS PROJECT WILL DIRECTLY RESULT IN CREATING 49 FULL-TIME JOBS OVER A SIX-YEAR PERIOD AND ADDING 80 TO 100 CONSTRUCTION JOBS. WHICH 80% ARE EXPECTED TO BE FILLED LOCALLY. I'D ALSO LIKE TO MENTION THAT AN INDEPENDENT FISCAL IMPACT ANALYSIS BY THE BUSINESS RESEARCH ARM OF THE UNIVERSITY OF NEW MEXICO DEMONSTRATES THAT THE LEDA AND IRB WILL MAKE SUBSTANTIAL COMMITMENT TO THE CITY OVER THE LIFE OF THE BONDS. IN SUM, THIS PROJECT WILL SUPPORT LOCAL BUSINESSES, WORKFORCE DEVELOPMENT, JOB CREATION, LAND USE IMPROVEMENT, AND ENHANCE PROPERTY VALUES. IT IS FOR ALL OF THESE REASONS THAT WE STRONGLY RECOMMEND APPROVAL OF BUENO FOODS REQUEST. I WOULD LIKE TO THANK COUNCILOR BORREGO AND THE ENTIRE CITY COUNCIL FOR YOUR CONSIDERATION. I WOULD LIKE TO THANK BUENO FOODS FOR THEIR PARTNERSHIP WITH ALBUQUERQUE. OUR PARTNERS THAT STATE ECONOMIC DEVELOPMENT DEPARTMENT THANK YOU FOR YOUR SUPPORT. WE COULDN'T DO ANYTHING WITHOUT THEM. WE HAVE JACKIE BACA WHO IS THE PRESIDENT AND EDDY, THEIR GENERAL COUNCIL. AND I WOULD LIKE TO INTRODUCE DEB. WITH THAT, I'LL STAND FOR QUESTIONS. I WOULD LIKE TO PASS IT OVER TO MY COLLEAGUE. >>COUN. BORREGO: THANK YOU, MS. JARAMILLO. DID ANY OF YOUR GUESTS CARE TO SPEAK? >> I BELIEVE DEBRA IS PREPARED TO SPEAK. >> THANK YOU SO MUCH, MADAM PRESIDENT. I'M THE SENIOR VICE-PRESIDENT OF BUSINESS DEVELOPMENT FOR ALBUQUERQUE ECONOMIC DEVELOPMENT. AS YOU HEARD, BUENO FOODS HAS BEEN IN OUR MARKET FOR 70 YEARS. IT'S A SUCCESS STORY THAT EMPLOYS 270 PEOPLE YEAR ROUND. THIS FAMILY BUSINESS IS KNOWN THROUGHOUT THE SOUTHWEST AND IS NOW PLANNING TO FURTHER THEIR GEOGRAPHIC AND MARKET REACH WITH THIS 25,000 SQUARE-FOOT FREEZER WAREHOUSE ADDITION. THE EXPANSION WILL ALLOW FOR THE ADDITIONAL 49 FULL-TIME EMPLOYEES WHICH WILL EQUATE TO A LITTLE OVER $2.1 MILLION. WE FULLY SUPPORT THIS EXPANSION AND THE SUCCESS OF THIS CARISHED LOCAL FOOD PRODUCER. WE REQUEST THE APPROVAL OF THE PROJECT BEFORE YOU TODAY. THANK YOU. >>COUN. BORREGO: I BELIEVE YOU ALSO HAD MR. BACA AND ANOTHER INDIVIDUAL. >> COUNCILOR BORREGO, IT LOOKS WE HAVE GENE BACA WITH US. >>COUN. BORREGO: WOULD YOU CARE TO SPEAK? >> SURE, GOOD AFTERNOON. I JUST WANT TO SAY I REALLY APPRECIATE EVERYTHING THAT THE CITY HAS DONE. THE ECONOMIC DEVELOPMENT, THE CONSIDERATION YOU HAVE GIVEN US IN THIS PROJECT. THE CITY AND STATE OFFICE OFFERED GREAT INCENTIVES. WE'RE EXCITED AS A LOCAL COMPANY TO BE ABLE TO PARTICIPATE AND CONTINUE TO DO OUR BUSINESS WHICH IS DOING SOMETHING THAT YOU GUYS LOVE, WHICH IS EAT GREEN CHILE. THAT'S OUR PRIMARY PRODUCT. WE'RE HAPPY TO BE HERE. WE LOVE BEING IN ALBUQUERQUE. WE PLAN ON BEING IN ALBUQUERQUE AND NEW MEXICO AS LONG AS WE CAN BE IN BUSINESS. WE REALLY WANT TO THANK YOU FOR CONSIDERATION OF THIS PROJECT. >>COUN. BORREGO: THANK YOU VERY MUCH. I REMIND THE COUNCILORS THAT THIS IS A PUBLIC HEARING. I DID NOT RECEIVE ANY PEOPLE SIGNED UP TO SPEAK THIS EVENING. I WILL JUST ASK THE COUNCILORS ONE LAST TIME IF YOU HAVE ANY QUESTIONS OF EITHER THE SPEAKERS OR PRESENTERS OR OUR LEGAL COUNSEL, THIS WOULD BE THE TIME TO DO IT. COUNCILOR BENTON? >>COUN. BENTON: NO QUESTION. I WAS GOING TO MOVE THE BILL. >>COUN. BORREGO: BEFORE YOU DO THAT, COUNCILOR, I'M GOING TO CLOSE THE HEARING. I'M GOING TO GO BACK TO THE ORIGINAL BILL. I KNOW THAT YOU HAD MOVED THE ORIGINAL BILL. I SECONDED THAT. ARE THERE ANY QUESTIONS OF ANY OF THE COUNCILORS AT THIS POINT? WE'LL MOVE TO THE VOTE. SORRY, WE'RE GOING TO MOVE TO THE FLOOR SUB. >>COUN. BENTON: I'LL MOVE THE FLOOR SUBSTITUTE. >>COUN. GIBSON: SECOND. >>COUN. BORREGO: OKAY, COUNCILOR BENTON, YOU HAVE A SECOND FROM COUNCILOR GIBSON. ARE THERE ANY QUESTIONS FROM THE COUNCILORS? WE'LL MOVE TO THE VOTE ON THE FLOOR SUBSTITUTE, O-65. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. OKAY, COUNCILORS, THE FLOOR SUB PASSES. WE'LL MOVE TO THE ORIGINAL BILL. >>COUN. BENTON: I JUST WANT TO THANK GENE AND JACKIE AND THE BACA FAMILY. IT'S SUCH A JOY TO HAVE THEM IN THE HOOD. I REMEMBER WHEN I WAS FIRST ON THE COUNCIL, THEY WANTED TO INTRODUCE THEMSELVES TO ME. THEY GAVE ME A FANTASTIC LUNCH THAT WAS ALL MADE OF THEIR PRODUCT. IT WAS REALLY GREAT. TO SEE THIS EXPANSION AND S THE BUEN NAME GO FURTHER ACROSS THE COUNTRY, NOT JUST IN TAKE-ON LUGGAGE IS REALLY EXCITING. I URGE YOUR SUPPORT, COUNCILORS. >>COUN. BENTON: ANK YOU, COUNCILOR BENTON. I JUST WANTED TO SAY, COUNCILOR BENTON, I REMEMBER WN THEY HAD THEIR GROUNDBREAKING AND THEY HAD A WONDERFUL TENT EVENT. THAT WAS IN THE LATE s. EIR FOOD IS ALWAY GREAT. COUNCILORS, WE'LL MOVE TO THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>UN. JONES: YES. COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCORSHAT PASSES OAN 8-0 VOTE. WITH THAT, WE'LL GOACK ON THE AGENDA. WE'LL MOVE TO ITEM 0-59 UNCILOR BENTON AND COUNCILOR GIBSON. ITEM A, UNDER FIN ACTIONS. COUN. BENTON: WILLUMP IN AN MOVE AUE PA ON O-59. THIS IS AMENDI CHAPTER 14 ARTICLE SEVEN. OF THEEVISED ORDINANCE OF THE TY. THPROFESSIONALERVICES ORNANCE. >>COUN. BSON: I'LLECOND THAT. >>COUN. BOEGO: THANK YOU, COUNCIR GIBSON. WE HAVE A MOTIO AND A COND. AREHERE AY QUESTIONS OF THE COUNCIL? >>COUN. BENT: IF MAY,ADAM PRESIDENT, WANT TO ANK VICERESIDENT GIBSON. THIS IS LY TAKING ON SOMEIN THAT I THINK HAS BN NGVER DUE TO BUMP UP THIS MIT DCRIBEDNHE STAFF PORT. THE COST AND THE TIME EXPENDED ON THESE REALLY SMALL PROJECTS, ICH ARE LIMITED AT 5,000 MIT, I'M NOT SRE WHEN THAT SESTABLHE IT WAS A LONG TIM AGO. AND PFESSNA SERSAVE PROJECT GATLY INCREASED. TH DEFINITIO OF A SLL INCREASE HAS BUMPED U IELF. TOUTHESE RELATI SLL EC INTOHE WHO SYSTE OF THEELTION AISORY COITTEE CREAT VERY, VERY LO LAYS AND MANY O THEM ARE EN TO SML FOR -CALL CONTRACTS. THIS W RECOMNDED TO U BY THE PCHASINGDEPARTMENT. AN ALSO BY THE ADVISORY COMMTEE BOD AND STAFF. I THOHT I WOULD BE HELPFUL FO THEMS WELL. 'SHAT IT'SLL ABOUT. I'M HAPO STAND FOR ANY QUESTIONS. I URGER SUPPORT. COUN. BORRO: ARE THERE ANY ESTIONS, COUNCOR BSON? >>CO. GIBSON: I DON'T HA QUESTI. I WOU ALS LIKE TO VOICE MY AGREEMENT THAT. $25,000IMIT PROBLY PUT IN EFFECT O WE WERESTILL USINGOTARY PHONES. IT OBSOTE THIS IS SOMETHG THAT ABSOLUTELY HAS TO BE DONE I ORDER FUSO DOHE BUSINESS THAT OUR CONSTITUES PECT OF US. THANK YOU. >>COUNBORREGO: MS. ORTEG >>UN. NTON: YES >>UN. VIS: YES. COUN. GIBSON:YES. >>UN. HARRIS:S. >>COUN. NE YES. COUN. PE: YE >>COUNSE: YES. >>COUN. BOEGO:YES. THANK UNCILORS. ATTEM PSEON AN 8-0 TE CILORS, THEEXT ITEM IS T IDO. I'LIKEO TUALLY MOVE T THIS TO TER ON I THINK WE HAVE ITEMS THATL FASTER THA TS PARTICULAR ITEM MIT. Y'LL BEAR WHME, I'LL MOVES ITE T RIGHT FO EM NBER EC. RIGHT BEFORE OTHER BUSINESS. IF THAT WLD BE OKAY WITH THE COUNL, I THINK SOME OF THE OTHER ITE WLL MOVE THROUGH PRETTY QUICKL I THINK WE NT TO TAKEOME ON TH IDO AMENDMENT. WITH THAT, WE'LL MOVE TO ITEM NUMBER C, WHICH IS COUNCILOR PEÑA AND COUNCILOR BENTON. O-61. AMENDING THE ALBRQUE CHARTER. COUNCILOR BENTON OR COUNCILO PEÑA. WOULD YOU LIKTODDRE TH? >>UN. PEÑA: IAN DER T U, COUNCILOR BENTON. >>COUN. BENTON: I'M RIFLING THROH MY PAPERS ANDRYING TO KEEP IN ORDER. I'OVE DUE PASS ON O-61. THISS COUNCILOREÑA AND I PPORTING BY REQUEST. IT'S ENDING THE CITY OF ALBUQUQUEHARTER ARTIC3 REPEALIN VTER ID. >>COUNBORREGO: THANK YOU, WE VE A SECON FROM COUNCILOR PEÑA AND COUNCILOR GIBSON. REMINDHE COUNC THAT THERE ARE SEVEN VOTES THAT ARE REQUIRED TO PASS THIS PARTICULAR ITEM. ARE THERE ANYUESTIONS OF COUNCILORS? >>COUN. BSON: I HAVE SOMETHING. THANK YOU, MADAM PRESIDENT. I WANT TO STA THE OBVIOUS. TH ONLY PCE TT I KNOW OF IN THE STE OF NEW XICO, OR MAYBE OTR LOCALITI, INANY OTHER ELECTIONS I D'T THINK WE HAVE ASK FOR AN I. D. I THINK THIS STARTED EVEN BEFORE ROTARY ONES. I INK IT'S TIME FOR USO CHANGE IT. AND MODERNIZE. JUMP RIGHT INTO THE 20th CENTURY. >>COUN. BORREGO: COUNCILORENA. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I ALSO SEE THAT OUR CITY CLERK IS HERE. I WANTED TO GIVE HIM A OPPORTUNITY TO CHIME IN. ALL OF THIS IS IN COMPLIANCE WITH OUR STATE REGULATION. IS THAT CORRECT? >>COUN. BORREGO: MR. WATSON, WOULD YOU LIKE TO COMMENT? >> YES, THANK YOU. THAT IS CORRECT. THE CITY OPTED INTO THE LOCAL LECTION ACT IN ORDINANCE 034. VOTING IN CITY ELECTION IS MANAGED BY THE COUNTY CLERK ACTING UNDER STATE LAW. AND THEY OCCUR AT THE REGULAR ELECTION OF ODD NUMBER YEARS. IN GENERAL CHARTER PROVISIONS GOVERN VOTING. SPECIFICALLY IN REGARD TO THIS BILL, THE STATE LAW ON VOTER IDENTIFICATION APPLIES TO THE REGULAR LOCAL ELECTION RATHER THAN THE PROVISION IN THE CITY CHARTER RELATING TO VOTER IDENTIFICATION. AND UNDER STATE LAW A VOTER CAN IDENTIFY THEMSELVES BY EITHER PRESENTING PHYSICAL FORM OF I.D. OR PROVIDING WRITTEN STATEMENT WITH NAME, ADDRESS AND YEAR OF BIRTH. DESPITE THE FACT THAT STATE LAW GUFRB GOVERNS, THERE'S CONFUSION. REPEALING THIS WOULD ADDRESS THE CONFUSION AND CLARIFY THE ISSUE FOR VOTERS. >>COUN. BORREGO: ARE THERE ANY QUESTIONS OF OUR CITY CLERK? IT APPEARS NOT. WE'LL MOVE TO A VOTE. COUNCILOR HARRIS. >>COUN. HARRIS: LET ME ASK. IS THERE AN ARGUMENT THAT THESE TWO PROVISIONS CAN BE MOVED TOGETHER? >> THIS IS NOT A SITUATION WHERE WE CAN RECONCILE THIS REQUIREMENT WITH THE LOCAL ELECTION ACT. MY READ IS THAT IT WAS DONE KNOWING OF THIS REQUIREMENT. AND IT WOULD NOT CONTINUE THE CITY TO ENFORCE THIS. IN 2019 THE MOST RECENT LOCAL ELECTION FOR THE CITY THESE WERE NOT ENFORCED. ALTHOUGH THEY WERE ON THE BOOKS BECAUSE THE LOCAL ELECTION ACT PREEMPTED IT. IT'S NOT POSSIBLE UNDER THE LOCAL FRAMEWORK TO READ THEM TOGETHER. >>COUN. BORREGO: COUNCILOR HARRIS, DOES THAT ANSWER YOUR QUESTION? >>COUN. HARRIS: I THINK SO. THANK YOU. >>COUN. BORREGO: THANK YOU. IT DOESN'T APPEAR WE HAVE ANY OTHER QUESTIONS. WITH THAT, WE'LL MOVE ON TO OUR VOTE. I REMIND US THAT WE NEED SEVEN VOTES REGARDING THIS PARTICULAR ISSUE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: NO. >>COUN. JONES: NO. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. WE WILL MOVE ON THEN. THE VOTE WAS 6-2. WE'LL MOVE TO COUNCILOR BENTON. ITEM E-063. AMENDING THE SCOPE OF THE ALBUQUERQUE BICYCLE ADVISORY COMMITTEE. COUNCILOR BENTON. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. YOU READ IT, I'LL MOVE IT FOR A DUE PASS. >>COUN. BORREGO: I'LL SECOND IT. ANY QUESTIONS, COUNCILORS? COUNCILOR SENA. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I KNOW COUNCILOR BENTON DIDN'T GO INTO FURTHER EXPLANATION OF HIS BILL. I JUST HAD ONE PARTICULAR QUESTION THAT REALLY STOOD OUT TO ME IN TERMS OF ONE PERSON ALSO REPRESENTING THE ENVIRONMENTAL PLANNING COMMISSION. CAN YOU GO INTO THAT AND TALK MORE ABOUT THE REASONING TOWARD THAT? >>COUN. BENTON: MADAM PRESIDENT, MY UNDERSTANDING IS THAT A LOT OF WHAT THE STRUCTURE OF THIS COMMITTEE IS BEING ROLLED OVER FROM THE BICYCLE ADVISORY COMMITTEE. THAT WAS ONE OF THE THINGS THAT WAS ROLLED OVER. HISTORICALLY, THE EPC HAS HAD A REPRESENTATIVE, IF YOU WILL. I DON'T KNOW THEY'RE REPRESENTING THE EPC, BUT A PERSON FROM THE EPC IS INTERESTED IN SUCH MATTERS. IF THAT SATISFIES YOUR QUESTION, COUNCILOR SENA? JUST QUICKLY, THE GAB ACT HAS BEEN FOCUSED ON BICYCLING AND BICYCLE FACILITY AND SAFETY OVER THE YEARS. THEY'RE VERY VALUABLE GROUP THAT ADVISES US. AND FOLKS WHO KNOW ME, I HAVE A LOT OF STREET PROJECTS OVER THE YEARS AND IT'S GOOD TO HAVE FEEDBACK. WITH THE PASSAGE OF COMPLETE STREET AND THE ADMINISTRATION'S SUPPORT FOR THE VISION ZERO EFFORT, THERE'S BEEN A GROUND SWELL AMONG ADVOCATES FOR ALTERNATIVE TRANSPORTATION AND RECREATION PURPOSES AROUND ACTIVE TRANSPORTATION. AS OPPOSED TO JUST CYCLING. THE ACT ITSELF IS IN SUPPORT OF THIS CHANGE OF BROADENING THE SCOPE OF WHAT THEY LOOK AT. I THINK IT'S THE RIGHT WAY TO GO. MS. MORRIS HAS A LOT OF BACKGROUND ON THIS. I DON'T KNOW IF SHE WOULD LIKE TO ADD ANYTHING TO THAT? >>COUN. BORREGO: MS. MORRIS, WOULD YOU LIKE TO COMMENT? >> THAT WAS A GREAT SUMMARY FROM COUNCILOR BENTON. I'M NOT SURE THERE'S TOO MUCH TO ADD. GAB ACT HAS FOR YEARS TAKEN A VERY ACTIVE AND INVOLVED ROLE IN THE ENVIRONMENT. HENCE, THE RELATIONSHIP TO THE PLANNING COMMISSION. FROM A VERY SPECIFIC PERSPECTIVE, WHICH IS THAT OF BICYCLISTS. AND THIS REVISION TO THE ORDINANCE ESTABLISHING THIS COMMITTEE IS EXPANDING THEIR PURVIEW TO ALL TRANSPORTATION USERS. THIS BRINGS GAB ACT MORE IN LINE WITH OUR OTHER TRAILS AND ACTIVITIES. IT'S THE ALBUQUERQUE RECREATIONAL TRAILS THAT LOOKS AT ALL KINDS OF USERS ON OFF-STREET TRAILS. HERE WE HAVE ALL TYPES OF USERS BUT ON THE STREET TRAILS. THIS IS A NICE COMPLIMENT. I'M AVAILABLE FOR ANY QUESTIONS. >>COUN. BORREGO: THANK YOU. ANY OTHER QUESTIONS? I THINK, COUNCILOR SENA, I MENTION THAT HISTORICALLY THE PLANNING COMMISSION AND GAB ACT HAVE WORKED CLOSELY TOGETHER. A PRECEDENCE HAS BEEN SET FOR THAT RELATIONSHIP. DID YOU HAVE ADDITIONAL QUESTIONS, COUNCILOR SENA? >>COUN. SENA: COUNCILOR BENTON, I KNOW THIS DISCUSSION HAS ALSO BEEN MADE IN TERMS OF TRANSIT FOR MORE BIKE RACKS OR DIFFERENT WAYS PEOPLE CAN TAKE WHATEVER ACTIVE MODE OF TRANSPORTATION THEY'RE USING, WHETHER IT'S SCOOTER OR ANYTHING LIKE THAT. IS THERE ANY ACTIVITY FOR THIS BOARD TO ALSO RELAY INFORMATION TO TRANSIT. I DIDN'T REALLY SEE THAT IN HERE. I WAS CURIOUS. >>COUN. BENTON: MADAM PRESIDENT, IF AND MAY. I THINK THAT'S A REALLY GOOD POINT. THESE ARE VOLUNTEER ORGANIZATIONS. IN THE INSTANCE OF EPC WHICH IS A DEMANDING VOLUNTEER POSITION, WE'VE BEEN LUCKY TO HAVE, AS TIME MOVED ON, WE HAVE HAD GOOD PEOPLE FROM THE EPC THAT ARE VERY ACTIVE IN THIS COMMITTEE. AND IN THE SAME SENSE, I THINK THE TRANSIT ADVISERY BOARD, YOU'RE MAKING A GOOD POINT. THERE'S MORE THAN TWO COMMITTEES IN REGARD TO STREET SAFETY AND THESE THINGS WE'RE TALKING ABOUT AND THE ABILITY TO USE TRANSIT. THE NICE THING IS BEING ABLE TO PUT YOUR BIKE ON THE BUS. THREE BIKES ON THE FRONT RACK IS NOT ENOUGH. THERE'S A LOT OF DISCUSSIONS ABOUT THAT. FOR TRANSIT TO WORK, YOU'VE GOT TO FINISH THAT LAST MILE THEY CALL IT. AND CYCLING CAN BE A REALLY GOOD WAY TO ACCOMPLISH THAT. I THINK YOU'RE ASKING AN IMPORTANT QUESTION. I DON'T KNOW EXACTLY THE ANSWER TO THAT IN TERMS OF CONSTITUTING THIS COMMITTEE. I THINK IT'S AN IMPORTANT QUESTION WE OUGHT TO HAVE A DISCUSSION OR I'D BE HAPPY TO WORK WITH YOU AND TALK ABOUT COMMITTEES AND SEE WHERE THEY HAVE INTERSECTIONS TO SUPPORT ONE ANOTHER. >>COUN. SENA: THANK YOU. I APPRECIATE THAT. >>COUN. BORREGO: ANY OTHER QUESTIONS? I DON'T SEE ANY OTHER HANDS RAISED. WITH THAT, WE'LL MOVE ON TO A VOTE. COUNCILOR BENTON, DID YOU WANT TO CLOSE? >>COUN. BENTON: YES. URGE YOUR SUPPORT. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT PASSES ON A 7-0 VOTE WITH COUNCILOR HARRIS TEMPORARILY EXCUSED. WE'LL MOVE TO ITEM F. COUNCILOR GIBSON, WOULD YOU LIKE PRESENT THIS? >>COUN. GIBSON: THANK YOU. THIS IS O-64, AMENDING THE TRAFFIC CODE TO CLARIFY THE PLACARD OR LICENSE PLATE REQUIREMENTS FOR USE OF DISABLED PARKING SPACES. I HAD A FAMILY MEMBER, AND THERE IS SPECIAL PARKING. AND USING A PARKING PLACARD FROM ANOTHER STATE DISPLAYED, (INAUDIBLE). I THINK OUR INTENTION HERE IS YOU CHANGE THE RULES SO THAT PLACARDS FROM OUT OF STATE WORK HERE IN ALBUQUERQUE. I WILL MOVE O-64. I'LL MOVE A DUE PASS. >>COUN. BORREGO: I'LL SECOND THAT. I'LL JUST MENTION, AND I SEE COUNCILOR DAVIS ALSO RAISING HIS HAND, I WOULD MENTION THAT I THINK COUNCILOR GIBSON AND I WERE BOTH APPROACHED BY AN INDIVIDUAL WHO RECEIVED CITATION FROM OUT OF STATE AND WERE PARKED APPROPRIATELY IN HANDICAPPED AREAS. OR SIGNATED AREAS AND RECEIVED CITATIONS. THAT'S WHAT RAISED THIS ISSUE. I THINK THAT WE'VE ALL SEEN THAT HAPPEN ACROSS THE STATE. THIS JUST MAKES IT EASIER FOR PEOPLE WHO ARE DISABLED TO BE ABLE TO PARK IN THE HANDICAPPED SPACES AND NOT BE CITED IF THEY'RE FROM OUT OF TOWN OR REGARDLESS OF WHERE THEY'RE FROM. COUNCILOR HARRIS. >>COUN. HARRIS: YES, THIS HIT CLOSE TO HOME. MY DAUGHTER HAD TO HAVE AN UPERATION IN DENVER. THAT'S THE ONLY PLACE WHERE THE SURGERY COULD BE DONE. SHE GOT A HANDICAP PLACARD IN COLORADO, AND CAME HERE AND PARKED AND GOT A TICKET. AND READ THE STATUTE, IT'S CONFUSING. IT'S NOT CLEAR. IT COULD BE READ TO MEAN YOU NEED TO HAVE A NEW MEXICO HANDICAP PLACARD. I THINK THE CONSTITUTION WOULD OVERRIDE THAT. WE HATE TO MAKE PEOPLE GO THROUGH THAT. >>COUN. BORREGO: THANK YOU, COUNCILOR HARRIS. I'M SORRY ABOUT YOUR DAUGHTER. ANY OTHER COMMENTS? IF NOT, WE'LL MOVE TO A VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT ITEM PASSES ON AN 8-0 VOTE. WE WILL MOVE ON TO OUR NEXT ORDER OF BUSINESS, WHICH IS ITEM I, WHICH IS R-132. COUNCILOR SENA. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. R-132 IS NUISANCE OF STRUCTURE THAT NEEDS ABATEMENT. WITHIN THE CITY LIMITS OF ALBUQUERQUE. IT'S A MENACE TO THE PUBLIC COMFORT, HEALTH, PIECE ORSAFETY. IT'S REQUIRED TO BE REMOVED. I MOVE A DUE PASS. >>COUN. BORREGO: I SECOND THAT. ANY QUESTIONS OR DISCUSSION FROM THE COUNCIL? >>COUN. SENA: IF I CAN GO TO DIRECTOR WILLIAMS. I KNOW THAT I WAS VERY GRATEFUL TO CHRIS ROMERO WHO IS NO LONGER A CODE ENFORCEMENT ADVISOR, I WANT TO EXTEND MY APPRECIATION TO HIM. FOR LETTING ME TOUR THIS PROPERTY MYSELF TO SEE IF THE CONDITION AND IF THE NEIGHBORHOOD CONVERSATIONS. FROM MY UNDERSTANDING, THE PROPERTY OWNERS, OR THOSE LISTED DO NOT LIVE IN THE STATE. IF WE CAN HAVE AN DIRECTOR WILLIAMS GIVE AN UPDATE TO SEE IF WE MADE ANY MOVEMENT. IF WE HAVEN'T REALLY, HAVE THE PROPERTY OWNERS COME FORWARD ONCE WE GO THROUGH THIS PROCESS. >>COUN. BORREGO: THANK YOU, COUNCILOR SENA. I REMIND THE COUNCIL THAT THIS HAS BEEN A LONG-STANDING ITEM ON OUR AGENDA. DIRECTOR WILLIAMS. >> MULTIPLE ATTEMPTS HAVE BEEN MADE BY CODE ENFORCEMENT PRIOR TO THIS BEING CONSIDERED. WHILE ITS WORKED ITS WAY THROUGH THE PROCESS, ALL OF THE EFFORTS HAVE UNFORTUNATELY NOT RESULTED IN SOME OPEN, POSITIVE COMMUNICATION WITH THE OWNER. IN A NUTSHELL CODE ENFORCEMENT HAS NOT BEEN ABLE TO GET IN TOUCH WITH A PERSON ON THIS. THE COUNTY ASSESSOR DOES LIVE OUT OF STATE. THERE ARE $7500 IN EXISTING LIENS AGAINST THE PROPERTY FOR CLEAN-UP WORK IN ORDER TO ENSURE THAT THE PROPERTY IS NOT OR DECREASED IN BEING AN ATTRACTIVE NUISANCE. DESPITE ALL THOSE EFFORTS, CODE ENFORCEMENT WAS OUT AS RECENT AS LAST FRIDAY. THEY CONTINUE TO FIND DRUG PARAPHERNALIA ON THE PROPERTY AND CLOTHER AND ITEMS THAT INDICATE SOME SORT OF TRESPASSING HAS OCCURRED ON THE PROPERTY. BECAUSE OF ALL OF THE ISSUES AND DESPITE THE EFFORTS, NOTHING HAS CAME TO FRUITION. THAT'S WHY THIS MATTER IS BEFORE YOU AGAIN. THE DEPARTMENT IS REQUESTING THAT WE MOVE FORWARD WITH CONDEMNATION. WE WILL MAKE ATTEMPTS TO GET IN TOUCH WITH THE PROPERTY OWNER, IF THAT TAKES PLACE PRIOR TO DEMOLISHING THE STRUCTURE. WE'RE NOT GETTING ANY COMMUNICATION NOR GETTING ANYONE STEPPING FORWARD. WE'RE STILL PROBLEMS WITH THE SITE. >>COUN. HARRIS: I HAVE A QUESTION FOR ANYONE WATCHING THIS. WHEN THE CITY OF ALBUQUERQUE DESTROYS A BUILDING, THAT'S A PRETTY SIGNIFICANT EVENT. IT'S A WRIT AN UNUSUAL EVENT. I THINK PEOPLE WHO BELIEVE IN FREEDOM AND PROPERTY RIGHTS WOULD BE VERY CONCERNED WHEN THE GOVERNMENT GOES AND DESTROYS SOMEONE'S PROPERTY. I WOULD LIKE MR. WILLIAMS TO LET PEOPLE KNOW. IN MY EXPERIENCE, BY THE TIME THE CITY GETS TO THIS POINT WE'VE BEEN VERY PATIENT AND TAKEN YEARS TO GET THIS. MR. WILLIAMS, WOULD YOU GO THROUGH THE PROCESS AND HOW LONG AND HOW MUCH EFFORT WE'VE TAKEN TO GET THESE OWNERS INTO COMPLIANCE? >> MADAM PRESIDENT, COUNCILOR HARRIS, YOU'RE CORRECT. FOR THIS PARTICULAR PIECE OF PROPERTY THIS HAS BEEN A SUBSTANDARD, OR IT'S NOT ABLE TO BE LEGALLY OCCUPIED BECAUSE OF THE POOR CONDITION FOR OVER SIX YEARS. DURING THAT TIME, CODE ENFORCEMENT MAKES ATTEMPTS THROUGH WRITTEN CORRESPONDENCE TO THE OWNER OF THE PROPERTY TO EXPLAIN WHAT THE PROBLEM IS WHAT NEEDS TO BE DONE TO CORRECT IT. TO MAKE THE HOUSE LIVABLE AGAIN. IN THIS PARTICULAR SITUATION, IF ANY COMMUNICATION DID TAKE PLACE IT WAS EARLY ON IN THE ENFORCEMENT PROCESS. SINCE IN THE, CODE ENFORCEMENT GETS COMPLAINTS FROM NEIGHBORS FROM PEOPLE TRESPASSING INTO THE STRUCTURE, OR THEY'RE DUMPING ITEM AND DEBRIS ON THE PROPERTY. THE POLICE DEPARTMENT HAS BEEN A NUMBER OF TIMES TO RUN PEOPLE OFF. PEOPLE THAT ARE SQUATTING OR PRES -- TRESPASSING ON THE PROPERTY. BECAUSE NOBODY STEPS FORWARD WITH A PLAN, IT FORCES THE ISSUE TO BOARD AND CLEAN THE PROPERTY. IT GOES ON A LIST, AND CODE ENFORCEMENT IS REQUIRED TO LOOK AT THAT LIST AND MAKE A DETERMINATION AS TO WHICH PROPERTIES ARE THE BIGGEST DRAIN ON CITY RESOURCES BECAUSE WE DON'T HAVE PROPERTY OWNER THAT STEPS FORWARD AND HOLDS THEIR END OF THE BARGAIN. MAINTAINS THE PROPERTY IN SOME WAY. AND BECAUSE OF THAT, CODE ENFORCEMENT GETS PAINTED INTO A CORNER. THE UNIFORM HOUSING CODE INDICATES THAT THE PLANNING DEPARTMENT IS NOT ABLE TO BRING A MATTER LIKE THIS TO COUNCIL'S ATTENTION FOR AT LEAST 12 MONTHS. IT HAS TO BE IN A SITUATION WHERE IT'S A PROBLEMATIC PROPERTY FOR THAT AMOUNT OF TIME. BECAUSE OF THAT, BECAUSE WE DON'T HAVE AN OWNER THAT STEPS FORWARD, WE DON'T HAVE ANY OTHER OPTIONS THAT ARE AVAILABLE TO US. AND MULTIPLE ATTEMPTS ARE MADE TO REACH THE PROPERTY OWNER. AND IF POSSIBLE, WORK WITH AM DUSTRY PROFESSIONALS, REAL ESTATE AGENTS AND THE LIKE TO SELL THE PROPERTY TO SOMEONE THAT WANTS TO TAKE OWNERSHIP. BECAUSE OF THAT, IT'S A PROCESS THAT TAKE AS WHILE. IT INTENTIONALLY TAKE AS WHILE BECAUSE WE WANT TO GIVE A PROPERTY OWNER EVERY POSSIBLE OPPORTUNITY TO STEP FORWARD AND TO THE RIGHT THING BEFORE WE COME TO COUNCIL AND MAKE SUCH A REQUEST. >>COUN. HARRIS: THANK YOU. >>COUN. BORREGO: THANK YOU, MR. WILLIAMS. ANY OTHER QUESTIONS OF COUNCILORS? >>COUN. SENA: MADAM PRESIDENT, IF I CAN CLOSE? >>COUN. BORREGO: ABSOLUTELY. GO AHEAD. >>COUN. SENA: ONLY IF THERE'S NO OTHER QUESTIONS OR COMMENTS. >>COUN. BORREGO: IT DOESN'T APPEAR THERE ARE. >>COUN. SENA: FROM MY UNDERSTANDING AND TOURING THIS PROPERTY, IT IS VERY UNFORTUNATE. I KNOW THERE'S REALLY SOME GOOD BONES IN THIS HOUSE. IT IS IN THE DILAPIDATED CONDITION IN THE INSIDE. IT'S NOT A CONDITION THAT PEOPLE CAN LIVE IN IT. FROM MY UNDERSTANDING, PEOPLE HAVE BEEN INTERESTED AND TRIED TO REACH OUT TO THE PROPERTY OWNERS TO PURCHASE THE HOUSE. I'M HOPING THROUGH THIS PROCESS IT WILL MOTIVATE THE PROPERTY OWNERS TO SELL IT. AS I KNOW THAT PEOPLE HAVE TRIED TO ACTUALLY PURCHASE IT TOO. MAYBE THIS WILL MOTIVATE JUST LIKE THE OTHER PROPERTIES IN THE DISTRICT THAT WE'VE HAD SUCCESS ON. THERE'S ANOTHER PROPERTY THAT I'M HEARING REALLY GREAT MOVEMENT ON. FOR THE PUBLIC TO KNOW WE'RE TRYING TO AVOID THIS AS MUCH AS POSSIBLE. AND ON TOP OF THAT, THE PROPERTY OWNERS CAN STOP THE PROCESS AT ANY POINT. THIS IS JUST ONE WAY TO REALLY PUT SOME PRESSURE ON THEM TO MOVE FORWARD. WHETHER IT'S TO REHAB IT. >>COUN. BORREGO: BEFORE WE GO TO THE FINAL CLOSE, I WANTED TO ENSURE THAT IF THERE'S ANYBODY FROM THE PUBLIC OR THE PROPERTY OWNER ISPRINT -- PRESENT AND WISH TO SPEAK, THAT WE ALLOW THAT. I SEE THERE IS SOMEBODY IN THE CHAT ROOM. IF YOU'LL BEAR WITH ME, I'D LIKE TO GIVE THEM THAT OPPORTUNITY. IT APPEARS THAT MR. LESLIE IS WITH ME. >> THANK YOU FOR LETTING ME SPEAK. I'M ON FOR THE PROPERTY AT 1717 EDITH BOULEVARD. >>COUN. BORREGO: SIR, WE'RE ON THE PREVIOUS ITEM. BEAR WITH US UNTIL WE'RE AT THE NEXT ITEM. I WAS ASKING IF THERE'S ANYBODY REPRESENTING R-132 WHICH IS AT 5912 FLEET WATER DRIVE NORTHWEST. ALSO, IT DOESN'T APPEAR THERE IS ANYONE WITH US THIS EVENING. COUNCILOR SENA, I'LL GO BACK TO YOU. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I HAD MY HOPES UP A LITTLE BIT. I WAS HOPING THAT IT WAS MAYBE A REPRESENTATIVE OF THE PROPERTY OWNER. WITH THAT, IT'S UNFORTUNATE THAT WE HAVE TO HEAR THESE CASES. AGAIN, JUST LIKE SOME OF THE OTHER PROPERTIES THAT WE'VE SEEN POSITIVE OUTCOMES LIKE EVERATE AND OTHER PROPERTIES THAT MAY BE COMING TO COUNCIL SOON, THAT HAS A LOT OF GOOD MOVEMENT. WE'RE GOING TO PROCEED FORWARD WITH THIS AND HOPEFULLY THE PROPERTY OWNERS GET IN COMPLIANCE OR REACH OUT. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR SENA. I WILL CONSIDER THAT YOUR CLOSE. WITH THAT, WE HAVE A MOTION AND A SECOND. WE'LL MOVE TO THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: NO. >>COUN. SENA: YES. >>COUN. BORREGO: YES. COUNCILORS, THESE ARE ALWAYS DIFFICULT ITEMS TO DEAL WITH. WE'LL MOVE TO COUNCILOR BENTON. R-135. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. R-135 IS A NUISANCE SUBSTANDARD DWELLING OR STRUCTURE IN NEED OF ABASEMENT AT 1717 EDITH. IT'S RUINED AND DAMAGED AS TO BE A MENACE TO PUBLIC COMFORT, HEALTH, PEACE OR SAFETY. I MOVE A DUE PASS. >>COUN. BORREGO: WE HAVE A MOTION FOR DUE PASS. I HAVE A SECOND FROM COUNCILOR HARRIS. I WOULD JUST MENTION IN THIS PARTICULAR INSTANCE, I JUST WANT TO MENTION THAT IF THE PROPERTY OWNERS ARE IN THIS MEETING, WE ALSO HAVE AN INTERPRETER AVAILABLE FOR THESE ITEMS. IF INTERPRETERS ARE NEEDED, WE HAVE SOMEONE AVAILABLE. COUNCILOR BENTON. >>COUN. BENTON: WE WANT TO HEAR FROM MR. LESLIE. I ALSO WANTED TO HEAR FROM DIRECTOR WILLIAMS. I THINK HE MENTIONED THE LAST ONE HAD BEEN ON THE BOOK FOR OVER SIX YEARS. THIS ONE IS JUST UNDER SIX YEARS. >>COUN. BORREGO: WE'RE GOING TO GO TO MR. WILLIAMS FIRST TO REVIEW THE CASE. AND WE'LL COME TO MR. LESLIE. MR. WILLIAMS. >> MADAM PRESIDENT, COUNCILORS. THANK YOU. COUNCILOR BENTON IS IN THE BALL PARK. THIS IS JUST SHORT OF SEVEN YEARS. THERE ARE APPROXIMATELY $6500 IN LIENS FOR BOARD UP AND CLEAN UP WORK FOR THE PROPERTY. THE MOST RECENT INSPECTION WAS CONDUCTED LAST WEEK BY OUR CODE ENFORCEMENT DIVISION FOUND AT THE PROPERTY. THEY HAVE HAD COMMUNICATION WITH THE PROPERTY OWNER. THEY INDICATED THE PROPERTY WAS FOR SALE AND WE COULD EXPECT SOME SORT OF PAPERWORK TO BE FILED AS IT RELATES TO THAT. I'M ASSUMING THAT MR. LESLIE IS HERE TO DISCUSS THAT. COMPLIANCE IS THE ULTIMATE GOAL. THE DEPARTMENT WOULD NOT BE AVERSE TO LISTENING TO MR. LESLIE AND PROVIDING ADDITIONAL OPPORTUNITY TO WARRANT THE SALE OF THE PROPERTY PROVIDING THAT WHAT'S WE'RE HERE TO TALK ABOUT THIS AFTERNOON. WITH THAT, I'LL STAND FOR QUESTIONS. >>COUN. BORREGO: ANY QUESTIONS OF MR. WILLIAMS? IT DOES NOT APPEAR SO. MR. LESLIE, ARE YOU REPRESENTING THE PROPERTY ONNER? >> HELLO, MADAM PRESIDENT. I'M UNDER CONTRACT TO PURCHASE THE PROPERTY. WE'RE DUE TO CLOSE NEXT MONDAY. I'M HERE TO EXPRESS THAT THE PROPERTY OWNER AND I ARE UNDER CONTRACT AND HAVE AGREEMENT TO TRANSFER THE PROPERTY OWNERSHIP. >>COUN. BORREGO: BEFORE I ALLOW YOU TO SPEAK. I'M GOING TO GO JUST MENTION THAT IF THE PROPERTY OWNER IS ON THIS PARTICULAR VIDEO CONFERENCE, THEN YOU ARE -- YOU MAY BE MOVED INTO SPEAK. WE HAVE NAOMI TODD AVAILABLE TO INTERPRET. NAOMI, WOULD YOU SAY THAT IN SPANISH? >> [SPEAKING IN SPANISH ]. >>COUN. BORREGO: OKAY, THANK YOU. IT DOES NOT APPEAR WE HAVE THE PROPERTY OWNER AVAILABLE TO PARTICIPATE. WE WILL MOVE ON TO MR. LESLIE. MR. LESLIE, I'M SORRY. COUNCILOR HARRIS HAS A VERY QUICK QUESTION. >>COUN. HARRIS: I'LL ASK OTHER QUESTIONS ABOUT THIS DEAL. I JUST WANTED TO POINT OUT THAT LEGALLY AFTER -- AND COUNCILOR JONES CAN TALK ABOUT THIS TOO. AFTER SOMETHING IS UNDER CONTRACT THE TITLE IS SPLIT. THERE IS THE LEGAL TITLE. MR. LESLIE, IF HE'S THE PURCHASER HE HAS A TYPE OF TITLE -- IN A WAY WE HAVE THE OWNER HERE. >>COUN. BORREGO: THANK YOU, FOR THAT COUNCILOR HARRIS. MR. LESLIE, GO AHEAD. I'M SORRY. I KNEW HIS QUESTION WOULD BE RELEVANT. >> THANK YOU, MADAM PRESIDENT. THANK YOU, COUNCILOR HARRIS FOR POINTING THAT OUT. I WANT TO EXPRESS I HAVE A CURRENT PURCHASE AGREEMENT. WE ARE SUPPOSED TO CLOSE JUNE 14th. WE ARE STILL GETTING UPDATES FROM TITLE AS WE SPEAK AT FIRST AMERICAN TITLE. RIGHT NOW WE PLAN TO CLOSE ON THAT DATE. WE DO PLAN TO WORK ON THE PROPERTY IMMEDIATELY AFTER CLOSING. OR SOON AFTER CLOSING, DEPENDING ON HOW QUICKLY WE CAN GET CONTRACT SIGNED. >>COUN. BORREGO: THANK YOU SO MUCH, MR. LESLIE. I WILL GO BACK TO OUR SPONSOR, COUNCILOR BENTON. COUNCILOR HARRIS, DID YOU A FOLLOW-UP? >>COUN. HARRIS: MY WIFE IS A BROKER, AND THERE CAN BE ALL KINDS OF CONTINGENCY. THIS IS A CLEAN TRANSACTION? >> YES. THERE'S NO CONTINGENCY. WE'RE PAYING ALL CLOSING COSTS. THE ONLY CONTINGENCY IS CONTINGENT ON THE BUYER'S APPROVAL. MY PARTNER IS HERE, IT'S OKAY, AND WE'RE MOVING FORWARD WITH A TRASH TRANSACTION. NO LOAN. WE'RE GOOD TO CLOSE. >>COUN. BORREGO: THANK YOU, COUNCILOR HARRIS. COUNCILOR BENTON. >>COUN. BENTON: I THINK GIVEN THE -- I ASSUME, MR. LESLIE, YOU HAVE NOT BEEN IN TOUCH WITH THE PLANNING DEPARTMENT ABOUT THIS. WE WANT YOU TO BE IN DIRECT CONTACT WITH THEM. DIRECTOR WILLIAMS, HOW CAN WE ARRANGE THAT TO CONFIRM THE STATUS AS OF NEXT WEEK? I'M PREPARED TO OFFER A DEFERRAL ON THE ITEM. >> MADAM PRESIDENT, COUNCILOR BENTON, MR. LESLIE TAKE DOWN MY NUMBER AND CALL ME TOMORROW. I'LL PUT YOU IN CONTACT WITH OUR CODE ENFORCEMENT DIVISION AND BUILD SAFETY DIVISION THAT HANDLES PERMITS. WE CAN GET YOU A COMMUNICATION WITH THE RIGHT PEOPLE. 924-3454. MY FIRST NAME IS BRENNON. >>COUN. BENTON: MADAM PRESIDENT, I'LL MOVE A DEFERRAL UNTIL OUR MEETING ON THE 21st. >>COUN. BORREGO: I'M JUST WONDERING, COUNCILOR BENTON, IF THAT IS GOING TO BE ADEQUATE TIME. MAYBE TO THE AUGUST MEETING? >>COUN. BENTON: IT IS OUR LAST OPPORTUNITY TO STAY ON TOP OF THIS BEFORE THE JULY BREAK. I'D LIKE TO BE ABLE TO CHECK WITH MR. LESLIE. >>COUN. BORREGO: OKAY, COUNCILOR, I'LL SECOND YOUR MOTION. AND I SEE COUNCILOR DAVIS HAS A SECOND, I BELIEVE. WE HAVE A MOTION AND DEFER UNTIL OUR JUNE 21st MEETING. THERE'S A MOTION AND A SECOND. WE'LL MOVE TO THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT DEFERRED ON AN 8-0 VOTE. WE'LL MOVE TO OUR NEXT ITEM. >> I WANT TO CLARIFY WHAT YOU'RE LOOKING FOR ON THE 21 TO MAKE SURE WE'RE GOOD TO GO WITH THE NON-CONDEMNATION OF THE PROPERTY. >>COUN. BORREGO: MR. LESLIE, I BELIEVE WE WOULD LIKE TO SEE THAT YOU HAVE MADE CONTACT WITH MR. WILLIAMS AND YOU'RE MOVING FORWARD ON YOUR PENDING SALE. WE WOULD LIKE TO SEE SOME INDICATION OF THAT. >> MADAM PRESIDENT, I THINK YOU ALSO WANT TO WAIT AND HEAR THE PRESENTATION FROM YOUR STAFF ANALYSIS OF THAT PROGRESS. AND AT THAT TIME MAKE A DETERMINATION. >>COUN. BORREGO: COUNCILOR HARRIS, DID YOU HAVE A COMMENT? >>COUN. HARRIS: ALSO, MR. WILLIAMS, THEY'RE GOING TO WORK WITH SOME SORT OF REMEDIATION PLAN SO IT'S NOT JUST A QUESTION OF BUYING IT, YOU'RE GOING TO HAVE TO GO TO WORK WITH MR. WILLIAMS AND AS YOU'VE HEARD, THE CITY TENDS TO BE PATIENT AND REASONABLE. THERE'S GOING TO BE A PLAN THAT MR. WILLIAMS AND HIS STAFF WILL PROPOSE. IT WILL BE REASONABLE AND DOABLE. I THINK THAT'S IN TWO WEEKS WE'RE GOING TO MAKE SURE THINGS ARE MOVING IN THAT DIRECTION. >> UNDERSTOOD, THANK YOU. >>COUN. BORREGO: MR. LESLIE, IF YOU HAVE ANY PROBLEMS REACHING MR. WILLIAMS YOU CAN CONTACT YOUR COUNCILOR. THANK YOU. WITH THAT, WE'LL MOVE ON. WE HAVE ANOTHER ITEM WHICH IS ANOTHER NUISANCE ABATEMENT. THIS IS COUNCILOR DAVIS. R-153. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. R-153 IS ON 400 MACIA. IT'S REQUIRED TO BE MOVED. I MOVE APPROVAL. >>COUN. JONES: SECOND. >>COUN. BORREGO: THANK YOU, COUNCILOR JONES. WE HAVE A MOTION FROM COUNCILOR DAVIS AND A SECOND FROM COUNCILOR JONES. I SAW COUNCILOR DAVIS RAISE HIS HAND AGAIN. DID YOU HAVE A COMMENT, COUNCILOR DAVIS. >>COUN. DAVIS: IF I MAY, JUST CHECK WITH MR. WILLIAMS OR HIS STAFF. I BELIEVE THIS BUILDING WAS INVOLVED IN A FIRE AS RECENT AS THIS WEEKEND. >> YES, SIR. THAT'S CORRECT. OUR DIVISION MANAGER HAD TO RESPOND TO AN AFTER-HOURS CALL BECAUSE OF FIRE THAT WAS STARTED AT THIS UNIT. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. I'M HAPPY TO TAKE OTHER QUESTIONS OR COMMENTS. I WANT TO POINT OUT THIS IS A PROPERTY I'VE BEEN DEALING WITH BEFORE I WAS ON CITY COUNCIL IN 2016. IT'S OVER DUE AND IT'S BECOME AN INCREASING MENACE TO THE NEIGHBORHOOD. I THINK WE NEED TO MOVE FORWARD QUICKLY. >>COUN. BORREGO: I'M GOING TO DEFER TO MR. WILLIAMS. I'M GOING TO ASK THAT IF THERE'S A PROPERTY OWNER AVAILABLE, ALLOW THEM INTO THE CHAT ROOM. MR. WILLIAMS. >> MADAM PRESIDENT, COUNCILORS, THANK YOU. COUNCILOR DAVIS MENTIONED THIS IS A SUBSTANDARD UNIT THAT HAS BEEN IN ITS CURRENT CONDITION FOR FOUR AND A HALF YEARS NOW. WITHIN THE LAST MONTH EMERGENCY SERVICES HAVE RESPONDED 20 TIMES. THE MAJORITY CALLS FOR FROM THE POLICE DEPARTMENT FOR A TOTAL OF 14 IN THE LAST 12 MONTHS. THERE'S $20,000 IN LIENS FOR BOARDING AND CLEAN UP WORK. AS COUNCILOR DAVIS MENTIONED, THERE WAS A FIRE AS RECENTLY AS THIS WEEKEND. ON EARLY SATURDAY MORNING. THERE HAS BEEN SOME COMMUNICATION WITH THE PROPERTY OWNER ON SEVERAL OCCASIONS WITH CODE ENFORCEMENT DIVISION. BUT DESPITE ASSURANCES THAT THE PROPERTY IS EITHER GOING TO BE ARE HABILITATED OR REMODELED, NONE OF THOSE ACTIONS HAVE TAKEN PLACE. BASED ON THAT, I'LL STAND FOR ANY QUESTIONS IF THERE ARE SOME FROM THE COUNCIL. >>COUN. BORREGO: ARE THERE ANY QUESTIONS FROM THE COUNCIL? IF NOT, I'M GOING TO ASK IF THERE'S A PROPERTY OWNER PRESENT IN OUR CHAT ROOM? IT DOES NOT APPEAR SO. WITH THAT, I'LL GO BACK TO COUNCILOR DAVIS TO CLOSE. >>COUN. DAVIS: I URGE YOUR SUPPORT. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS. WE'LL MOVE TO THE VOTE. >>COUN. BENTON: YES. (INAUDIBLE). >>COUN. BORREGO: 7-1 VOTE. WE'LL MOVE TO ANOTHER ITEM THAT COUNCILOR DAVIS HAS ON THE AGENDA. R-154. COUNCILOR DAVIS. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. IF THIS SPEECH SOUNDS LIKE THE LAST ONE, IT'S A PROPERTY OWNED BY THE SAME PEOPLE FOR THE SAME PROBLEMS. IT'S A NUISANCE SUBSTANDARD BUILDING. THIS IS A MENACE TO THE PUBLIC HEALTH, COMFORT AND SAFETY OF THE COMMUNITY. I MOVE A DUE PASS. >>COUN. BORREGO: SECOND. AND I WILL MOVE TO MR. WILLIAMS. >> THANK YOU, MADAM PRESIDENT. COUNCILOR DAVIS SUMMARIZED IT CORRECTLY. THE ONLY THING I WOULD ADD IS IN THE PAST 12 MONTHS THERE HAVE BEEN TEN EMERGENCY CALLS FOR SERVICE TO THIS PARTICULAR SITE. IT'S IMMEDIATELY NEXT DOOR TO THE SITE THAT WE JUST DISCUSSED. THERE ARE $13,000 IN LIENS FOR BOARDING AND CLEANING UP OF THIS FOUR-PLEX. THERE'S MULTIPLE ATTEMPTS TO CONTACT THE OWNER. THERE'S BEEN SOME COMMUNICATION BACK AND FORTH. AGAIN, SO FAR NO ACTION HAS TAKEN PLACE TO ABATE THE EXISTING ACTIONS OR PROPOSE A DEAL. >>COUN. BORREGO: ANY QUESTIONS OF MR. WILLIAMS? I DO NOT SEE ANY QUESTIONS, MR. WILLIAMS. I'LL GIVE THE PROPERTY OWNER AN OPPORTUNITY TO SPEAK, IF THEY ARE WITH US THIS EVENING. MR. MOYA, DO YOU SEE A PROPERTY OWNER? THERE IS SOMEBODY RAISING THEIR HAND. WE'LL WAIT TO SEE IF THERE'S SOMEBODY IN THE CHAT. >> MADAM PRESIDENT, MIKE, YOU RAISED YOUR HAND. ARE YOU THE PROPERTY OWNER? PLEASE IDENTIFY YOURSELF. >>COUN. BORREGO: I WOULD OFFER THAT WE DO HAVE NAOMI TODD, WHO IS THE INTERPRETER. ARE YOU STILL AVAILABLE? I BELIEVE YOU'RE MUTED. COULD YOU UNMUTE YOURSELF? I DON'T SEE ANYONE. WE GAVE THAT INDIVIDUAL AN OPPORTUNITY. IT DOES NOT APPEAR THAT WE HAVE A CONNECTION. WE WILL MOVE ON TO COUNCILOR DAVIS TO CLOSE. >>COUN. DAVIS: I URGE YOUR SUPPORT. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS. OKAY, WE'LL MOVE ON TO THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS, THAT PASSES ON A 7-0 WITH COUNCILOR PEÑA TEMPORARILY EXCUSED. WE'LL MOVE TO ITEM N, WHICH IS COUNCILOR BENTON. R-155. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. THIS IS NUISANCE SUBSTANDARD DWELLING IN NEED OF ABASEMENT AT 1804 HIGH STREET WITHIN THE CITY LIMITS. IT'S RUINED, DAMAGED, DILAPIDATED, IT'S REQUIRED TO BE REMOVED. I MOVE A DUE PASS. >>COUN. BORREGO: WE HAVE A SECOND FROM COUNCILOR JONES. WE'LL MOVE TO MR. WILLIAMS TO DISCUSS THIS ITEM. >> THANK YOU, MADAM PRESIDENT. THIS IS A SUBSTANDARD UNIT THAT BEEN IN THIS CONDITION FOR SIX AND A HALF YEARS. IN THE PAST 12 MONTHS THERE'S A COUPLE POLICE DEPARTMENT CALLS FOR SERVICE TO THIS PROPERTY. I'M HAPPY TO REPORT THAT LAST WEEK CODE ENFORCEMENT DID HEAR FROM A FAMILY MEMBER WHO HAS REPORTED THAT THE PROPERTY OF THE INSIDE OF THE BUILDING HAS BEEN CLEANED. THE UNIT HAS BEEN RESECURED. THEY REPORT THEY'RE GATHERING ESTIMATES FROM CONTRACTORS IN AN EFFORT TO REHAB THE STRUCTURE AND GET IT INTO PRODUCTIVE USE. CODE ENFORCEMENT REPORTS THAT WHILE THERE ARE APPROXIMATELY $2200 IN EXISTING LIENS, THOSE LEAN AMOUNTS HAVE BEEN REDUCED SIGNIFICANTLY BASED ON PAYMENTS THAT HAVE BEEN MADE FOR BOARDING AND CLEAN-UP WORK THAT RESULTED IN LIENS AGAINST THE PROPERTY. WE A LITTLE MORE THAN $2,000 IN LIENS. THAT AMOUNT HAS BEEN REDUCED RECENTLY. BASED ON THAT, BECAUSE COMPLIANCE IS THE ULTIMATE GOAL, IF IT'S THE COUNCILOR'S PLEASURE WE WOULD NOT BE OPPOSED TO CONTINUING THE DISCUSSIONS WITH THE FAMILY MEMBER TO SEE IF WE CAN COME UP WITH A PLAN AND REPORT BACK IN A FUTURE MEETING TO THIS COUNCIL ON THE STATUS OF THOSE DISCUSSIONS. I'LL STAND FOR QUESTIONS. >>COUN. BORREGO: ANY QUESTIONS OF MR. WILLIAMS, COUNCILORS? DO WE A PROPERTY OWNER PRESENT, MR. MOYA? I SEE THERE'S A PERSON NAMED JASMINE HENDERSON ON THE CALL. MS. HENDERSON, ARE YOU RELATED TO THIS ITEM? >> YES, I AM. >>COUN. BORREGO: WE WOULD LIKE TO OFFER YOU THE OPPORTUNITY TO SPEAK. WOULD YOU CARE TO ACCEPT THAT? >> YES. MADAM PRESIDENT. I'M CURRENTLY WORKING WITH CONTRACTORS RIGHT NOW TO GET THE HOUSE BACK IN GOOD STANDING. I JUST ASK FOR A LITTLE BIT MORE TIME TO CONTINUE ON DOING THIS RIGHT NOW. >>COUN. BORREGO: HOW MUCH TIME WOULD THAT BE, MS. HENDERSON? >> 90 DAYS? >>COUN. BORREGO: OKAY. PURCHASING THIS PROPERTY? WHAT IS YOUR INTENT? >> THE PROPERTY IS MY FAMILY'S PROPERTY. >>COUN. BORREGO: IT'S YOUR FAMILY'S PROPERTY. COUNCILOR BENTON. >>COUN. BENTON: WE'VE WAITED SIX AND A HALF YEARS, I GUESS WE CAN DEFER THIS. I WOULD LIKE TO ESTABLISH SOME SCHEDULE. I WONDER IF WE COULD -- SINCE MS. HENDERSON IS HERE AND PERHAPS WE CAN GET HER IN TOUCH WITH MR. WILLIAMS. AT LEAST COME BACK AND A GET A REPORT ON HOW THAT DISCUSSION IS GOING AND WHAT THE REALISTIC NEXT STEPS ARE WITHIN THAT 90 DAYS, I'D BE WILLING TO THEIR THIS AT THE NEXT MEETING AND AGAIN DEFER. I WOULD LIKE TO GET MORE DEFINITION AS TO WHAT THE PATH FORWARD IS GOING TO BE. >>COUN. BORREGO: ALSO, COUNCILOR HARRIS HAS A QUESTION. WE'LL ASK MS. HENDERSON TO ADDRESS THAT. I'M ALSO GOING TO ALLOW COUNCILOR HARRIS TO ASK HIS QUESTION. IT MAY BE RELATED. >>COUN. HARRIS: I WOULD LIKE TO SAY TO MS. HENDERSON THAT 90 DAYS SOUNDS UNREASONABLE. THE PATIENCE OF THE CITY HAS COME TO AN END. IF YOU OR YOUR FAMILY MEMBERS CANNOT COME UP WITH CAPITAL TO FIX IT, YOU NEED TO SELL IT. SIX YEARS IS TOO LONG. YOU HAVE CREATED A PROBLEM FOR YOUR NEIGHBORHOOD. YOU HAVE CREATED A PROBLEM FOR YOUR NEIGHBORS. YOU HAVE MADE YOUR NEIGHBORHOOD A WORSE PLACE TO LIVE BECAUSE YOUR ACTIONS. THIS HAS TO STOP. I WOULD DO A DEFERRAL UNTIL THE NEXT MEETING. I ENCOURAGE MS. HENDERSON TO GET WITH MR. WILLIAMS TO COME UP WITH A PLAN AND A SCHEDULE. >>COUN. BENTON: THANK YOU FOR THAT, COUNCILOR HARRIS. MADAM PRESIDENT, IF DIRECTOR WILLIAMS CAN ALSO GET PHONE CALLS RIGHT AWAY TO DETERMINE WHAT THE PATH FORWARD WOULD BE FOR THIS. I DO AGREE THAT WE NEED TO KEEP A FIRE LIT UNDER THIS, NO PUN INTENDED, AND HOPEFULLY NO FIRE INTENDED. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON. MR. WILLIAMS, WOULD YOU REPEAT YOUR CONTACT INFORMATION AND WE'LL HOPE THAT MS. HENDERSON CAN CONTACT YOU TOMORROW. >> MS. HENDERSON, MY OFFICE LINE IS 505-924-3454. ALL OF THAT IS LISTED ON THE CITY WEBSITE. >>COUN. BORREGO: MS. HENDERSON, IT APPEARS TO ME THAT YOU NEED TO GET WITH MR. WILLIAMS AS SOON AS POSSIBLE. MEANING TOMORROW. AND WORK OUT SOME SORT OF A PLAN FORWARD. IF THE COUNCIL DEFERS THIS FOR TWO WEEKS YOU'RE ABLE TO COME BACK TO THE COUNCIL WITH SOME SORT OF PLAN OF ACTION. >> YES, MA'AM. I'D LIKE TO ADD THAT I JUST RECENTLY GOT ON THIS. THE SIX YEARS WAS WITHOUT MY KNOWLEDGE. I GOT ON TO THIS EARLY MAY OF THIS YEAR. I'M TRYING TO WORK AS QUICKLY AS POSSIBLE TO GET THIS BACK INTO GOOD STANDING. THIS IS MY FIRST KNOWING OF IT. THAT'S WHY I JUMPED ON IT. I'M SORRY ABOUT THAT. >>COUN. BORREGO: DO YOU UNDERSTAND WHAT THE COUNCIL'S INTENT IS? >> YES, I DO UNDERSTAND THE INTENT AND WHAT THE COUNCIL IS ASKING. >>COUN. BORREGO: WITH THAT, COUNCILORS, COUNCILOR BENTON TO CLOSE. >>COUN. BENTON: JUST TO CONFIRM, MS. HENDERSON, YOU GOT DIRECTOR WILLIAM'S NUMBER? >> YES, I GOT THE NUMBER. I WILL CALL HIM TOMORROW. >> Reporter: >>COUN. BENTON: THANK YOU SO. I URGE YOUR SUPPORT ON THE DEFERRAL OF TWO WEEKS. >>COUN. BORREGO: THAT IS A MOTION. I WILL SECOND YOUR MOTION. COUNCILORS, WE HAVE A MOTION FOR A TWO-WEEK DEFERRAL WITH THE UNDERSTANDING THAT THE PROPERTY OWNER WILL CONTACT MR. WILLIAMS. WITH THAT, WE WILL MOVE TO A VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. OKAY, COUNCILORS, VERY WELL. WE WILL MOVE ON TO ITEM P, WHICH IS COUNCILOR GIBSON AND COUNCILOR DAVIS. I'LL LET ONE OF YOU TAKE THE LEAD. COUNCILOR DAVIS. >>COUN. DAVIS: I WAS GOING TO DEFER TO COUNCILOR GIBSON. THIS IS THE PROJECT SHE'S WORK ON MUCH LONGER THAN ME. >>COUN. BORREGO: COUNCILOR GIBSON. >>COUN. GIBSON: THANK YOU, MADAM PRESIDENT. R-162 IS ESTABLISHING COMPLETE STREET SAFE IMPROVEMENTS ON SAN PEDRO DRIVE AS A PRIORITY FOR THE CITY OF ALBUQUERQUE. AS SOME OF YOU MAY BE AWARE, WE'VE MADE SOME EXTENSIVE IMPROVEMENTS SAN PEDRO IN THE MILE HIGH DISTRICT. WE BRANDED THAT A BUSINESS DISTRICT AND MADE SIGNIFICANT IMPROVEMENTS. LOMAS IS THE DIVIDING LINE BETWEEN DISTRICT SEVEN AND DISTRICT SIX AND THERE'S A VERY ACTIVE NEIGHBORHOOD ASSOCIATION AT FAIR HEIGHTS WEST, ALL THREE OR FOUR NEIGHBORHOOD ASSOCIATIONS WORKED TOGETHER TO MAKE IMPROVEMENTS AND GET COHESION IN THAT WHOLE AREA. FROM I-40 ALL THE WAY DOWN TO CENTRAL. BOTH COUNCILOR DAVIS AND I HAVE BEEN VERY SUPPORTIVE OF THIS EFFORT. AND WHAT THIS DOES IS AS IT STATES, MAKES IT A PRIORITY. I WILL MOVE A DUE PASS. >>COUN. BORREGO: THANK YOU, COUNCILOR GIBSON. WE HAVE A MOTION AND I SEE THAT COUNCILOR DAVIS IS OFFERING A SECOND. >>COUN. DAVIS: I'D LIKE TO ADD A BRIEF COMMENT BEFORE WE CLOSE. >>COUN. BORREGO: I'M REALLY HAPPY, COUNCILOR GIBSON, TO SEE YOU'RE WORKING IN THIS AREA. I HAVE A LOT OF FRIENDS AND FAMILY THAT LIVE IN THIS AREA. I'M VERY EXCITED FOR THE WORK YOU'RE PLANNING TO DO HERE. ANY OTHER COMMENTS? WE'LL GO TO COUNCILOR DAVIS TO CLOSE. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. I'LL DO THAT. LET ME JUST SAY FOR THOSE OF US THAT KNOW THIS NEIGHBORHOOD, AND THANK YOU, COUNCILOR GIBSON, THIS IS SOMETHING SHE STARTED IN HER NEIGHBORHOOD AS SHE MENTIONED. IT INTERSECTED WITH THE NEIGHBORHOODS IN THE FAIR WEST NEIGHBORHOOD. FOR THOSE OF US THAT KNOW ABOUT THE HISTORY OF THOSE NEIGHBORHOODS, WE KNOW OUR AFRICAN-AMERICAN SMALL BUSINESS HAS A HUB THERE IN THE PIECE OF SAN PEDRO SOUTH OF LOMAS. I WANT TO GIVE AN ACKNOWLEDGEMENT TO MEMBERS OF THE AFRICAN-AMERICAN CHAMBER AND THE COMMUNITY WHO HAVE REALLY LOOKED AT AN OPPORTUNITY TO INCUBATE AND MENTOR OTHER YOUNG AUNT -- BUSINESS INVESTORS. I APPRECIATE EVERYONE'S SUPPORT. WITH THAT, I URGE YOUR SUPPORT. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS, COUNCILOR GIBSON. I DO NOT SEE ANY OTHER QUESTIONS IN THE CHAT. WITH THAT, WE'LL MOVE ON TO MS. ORTEGA. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT ITEM PASSES ON AN 8-0 VOTE. WITH THAT, WE'LL MOVE TO ITEM Q. WHICH IS COUNCILOR BENTON, R-175. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. R-175 IS AMENDING THE CIP OF THE CITY TO APPROVE NEW PROJECTS AND CHANGING THE SCOPE OF EXISTING PROJECTS REELATING TO DISTRICT TWO. THIS IS JUST ADJUSTING OUR ALLOCATION OF CATEGORIES FOR THE COMING BOND ELECTION. I MOVE A DUE PASS. >>COUN. JONES: SECOND. >>COUN. BORREGO: THANK YOU, WE HAVE A MOTION AND TWO SECONDS FROM COUNCILOR JONES AND COUNCILOR DAVIS. ANY DISCUSSION FROM ANY OF THE COUNCILORS? I DO NOT SEE ANY QUESTIONS. WITH THAT, WE'LL MOVE TO THE VOTE. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. WE ARE THROUGH THE MAJORITY OF OUR BUSINESS BEFORE GETTING TO THE IDO. IF THE COUNCIL WOULD LIKE, I SAID WE WOULD TAKE A BREAK ABOUT 6:30. IT'S 6:19. WE CAN EITHER -- AND I THINK IDO IS GOING TO TAKE A LITTLE BIT OF TIME. THERE'S QUITE A BIT OF DISCUSSION. WE CAN MOVE ITEM 13 WHICH IS OTHER BUSINESS AND COME BACK AFTER OUR BREAK TO THE IDO, IF THE COUNCIL CHOOSES. I SEE A LOT OF NODS. WE WILL MOVE TO ITEM 13. OTHER BUSINESS. THIS IS A VETO OF O-2018 IMPOSING A MUNICIPAL GASOLINE TAX OF TWO CENTS PER GALLON CONDITIONAL UPON VOTER APPROVAL. I'LL LET THE COUNCIL KNOW THAT THIS IS A MOVE TO OVERRIDE THE ADMINISTRATION'S VETO. THERE IS A REQUIRED SIX-VOTE TO OVERRIDE THE VETO. COUNCILOR BENTON. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. I MOVE TO OVERRIDE. >>COUN. JONES: SECOND. >>COUN. BORREGO: THERE'S A MOTION AND A SECOND BY COUNCILOR JONES. ARE THERE ANY QUESTIONS FROM THE COUNCIL? I DO NOT SEE ANY QUESTIONS. COUNCILOR DAVIS. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. I WANT TO POINT OUT, I KNOW THERE'S BEEN A LOT OF CONVERSATION IN THE MEDIA ABOUT THIS. I THINK IT'S IMPORTANT TO CORRECT THE RECORD JUST A LITTLE BIT. NO MATTER WHERE THIS VOTE GOES. I SAW MESSAGES FROM THE MAYOR REGARDING THE VETO AND FOLKS FROM THE PRESS MENTIONING THEY THOUGHT IT WAS A BAD TIME AND WE SHOULDN'T RAISE TAXES DURING THE PANDEMIC. EVEN THE MAYOR'S SURVEY, ASKING FOR PUBLIC OPINION, FAILED TO MENTION THAT THIS ITEM WAS FOR THE NOVEMBER 2022 BALLOT TO GO INTO EFFECT IN 2023. AT THE REQUEST OF SEVERAL COUNCILORS, WE ADDED THAT DELAY TO ENSURE THERE WOULD BE NO CONFUSION THAT THIS WOULDN'T HAPPEN DURING THE PANDEMIC. I WAS DISAPPOINTED TO SEE THE ADMINISTRATION IGNORED THAT POINT. IT WAS IMPORTANT TO THEM WHEN THEY TALKED TO US ABOUT WHAT TO PASS. I HOPE GOING FORWARD, I'M SURE THERE WILL BE ANOTHER PROPOSAL TO DO THAT WITH ANOTHER COUNCIL OR IN THE FUTURE, I HOPE WE CAN BE MORE TRANSPARENT WITH THE PUBLIC ABOUT HOW THESE SPECIFIC ACTIONS REALLY DOENED -- END UP ON THE BALLOT. I THOUGHT IT WAS SMART TO LET THE VOTERS MAKE A DECISION. I SUPPORT THAT IN THE FUTURE AND I THINK IT'S THE BEST POLICY. I WILL VOTE WITH COUNCILOR BENTON TO OVERRIDE THE VETO. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS. I SAW COUNCILOR JONES AND I SEE COUNCILOR BENTON. COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. I THINK WE ALL KNOW HOW WE FEEL ABOUT THIS. THIS IS ONE OF THE MOST FAIR TAXES THAT CAN POSSIBLY BE LEVIED IN THE CITY OF ALBUQUERQUE. IT IS FOR THE REPAIR AND MAINTENANCE OF OUR STREETS. WHEN WE THINK ABOUT HOW DO OUR STREETS GET IN BAD SHAPE AND WHAT CAUSES US TO DO THE MAINTENANCE, IT'S THE DRIVERS, IT'S THE CARS, IT'S THE AUTOMOBILES. A TAX OF THIS SIZE, TWO CENTS PER GALLON, ON THE DRIVERS USING THE FACILITIES, WE DON'T GET TO DO THAT VERY OFTEN. OVERALL, THE NUMBERS THAT I HAVE SEEN, IF THIS WERE TO PASS, THE AVERAGE AMOUNT TO BE PAID IN THIS TAX BY A CITIZEN OF THE CITY OF ALBUQUERQUE, WHICH MEANS SOME MUCH HIGHER AND LOWER IS $10 A YEAR. THIS IS A VERY SMALL PRICE TO PAY TO MAKE OUR STREETS MORE USABLE AND MORE DRIVER FRIENDLY OR BUS FRIENDLY. JUST A REMINDER THIS IS NOT A TAX FOR THE SAKE OF TAXING. THERE'S A SPECIFIC USE FOR THIS TAX, NOT TO JUST THROW IN THE COUGHERS. THANK YOU, MADAM PRESIDENT, FOR LETTING ME HAVE THAT TIME. >>COUN. BORREGO: COUNCILOR JONES. NOW WE HAVE COUNCILOR BENTON. I KNOW THIS IS YOUR ITEM, CAN I -- WOULD YOU BE OKAY IF I MOVED TO SOME OF THE OTHER COUNCILORS, EVERYBODY'S HAND IS UP? >>COUN. BENTON: I'LL JUST WAIT AND CLOSE ON MINE. >>COUN. BORREGO: COUNCILOR PEÑA, AND COUNCILOR GIBSON. >>COUN. PEÑA: I GAVE MY REASONS, I WON'T GO BEYOND THAT. ONE OF THE OTHER CONCERNS THAT I HAD NOT MENTIONED AND I LEFT IT FOR DISCUSSION, WHEN WE LOOKED AT OTHER MEANS ON HOW TO PROVIDE CAPITAL IN THE CITY OF ALBUQUERQUE, 70% OF IT THE CITY OF ALBUQUERQUE CAPITAL TENDS TO GO ON THE EAST SIDE. ONE OF THE OTHER THINGS THAT I'D LIKE TO INVESTIGATE MORE IS REALLY HOW WE MAKE IT MORE EQUITABLE IN TERMS OF INFRASTRUCTURE. AS YOU KNOW THE WEST SIDE OF THE ALBUQUERQUE IS THE AREA THAT IS GROWING. I JUST WANT TO MAKE SURE THAT WHEN WE ARE TAXING OUR RESIDENTS THAT WE MAKE SURE THAT ONE WE'RE INVESTING WE'RE INVESTING IN THE WEST SIDE AS WELL. THANK YOU. >>COUN. BORREGO: COUNCILOR GIBSON. >>COUN. GIBSON: THANK YOU, MADAM PRESIDENT. I'D LIKE TO ASK THE QUESTION OF MR. MELENDREZ. THIS IS ABOUT THE VETO ITSELF. I WONDER IF YOU COULD EXPLAIN THE VETO MESSAGE ON THIS PARTICULAR BILL? >> SURE, MADAM PRESIDENT, COUNCILOR GIBSON, COUNCILORS, THE MAYOR DID SEND A VETO MESSAGE BACK TO THE CITY COUNCIL. THAT MESSAGE EXPRESSED SOME CONCERN WITH THE TIMING WHICH WAS ADDRESSED BY COUNCILOR DAVIS. ALSO ADDRESSED SOME CONCERN WITH THE TIMING OF THE ENACTMENT OF AN ELECTION RESOLUTION TO THE BUSINESS OF A FUTURE COUNCIL. WE'RE IN THE 24th CITY COUNCIL, AND AFTER THE ELECTION WE'LL BE IN THE 25th WITH A SLIGHTLY DIFFERENT COMPOSITION. HOWEVER, ONE THING TO POINT OUT IS THE GAS TAX ORDINANCE ITSELF WOULD ACTUALLY REQUIRE A VOTE BY THIS COUNCIL IN ORDER TO ENACT THE ELECTION COMPONENT OF IT. THERE'S A 60-DAY REQUIREMENT FROM THE DAY YOU ADOPT THE ORDINANCE TO DO THAT. >>COUN. GIBSON: THANK YOU FOR THAT. IT SOUNDS LIKE THERE MIGHT HAVE BEEN, AT LEAST IN PART OF THE MAYOR'S REASONING, A MISUNDERSTANDING OR MISCOMMUNICATION. THAT'S WHAT IT APPEARS TO ME. IF SO, I'M WONDERING IF THE MAYOR HAS INDICATED IN ANY WAY HE WOULD TAKE BACK THE VETO? HAS ANYBODY HAD A CONVERSATION WITH HIM? >>COUN. BORREGO: I BELIEVE ANYONE HAS, COUNCILOR. UNLESS INDIVIDUAL COUNCILORS HAVE. >>COUN. GIBSON: THE CAMERA JUST CAME ON IN THE MAYOR'S CONFERENCE ROOM. MAYBE THERE'S SOMEONE THERE THAT MIGHT LIKE TO ADDRESS THAT. >>COUN. BORREGO: CAN WE GO TO THE MAYOR'S CONFERENCE ROOM? >> COUNCILOR BORREGO, WE HAVE SOMEBODY WITHIN THE ECONOMIC DEVELOPMENT CONFERENCE ROOM TO DISCUSS THAT. >>COUN. BORREGO: CAN YOU IDENTIFY YOURSELF? >> THIS IS THE CITY ATTORNEY. I'M JUST IN THE ECONOMIC DEVELOPMENT CONFERENCE ROOM. JUST ADDRESSING THE ENTRENCHMENT CONCERNS, ONE LEGISLATIVE BODY CANNOT LEGALLY BIND A FUTURE LEGISLATIVE BODY TO ANY TYPE OF ACTION. THAT'S FIRMLY ESTABLISHED LAW. IT'S A CONCEPT LAW CALLED LEGISLATIVE ENTRENCHMENT. IT'S DECIDED BY THE UNITED STATES SUPREME COURT IN THE 1850s. IF THE NEXT COUNCIL WANTED TO ENACT THIS TAX AND APPROVE THIS LEGISLATION AS WELL AS THE ELECTION RESOLUTION IN JANUARY IT CERTAINLY COULD, BUT MY VIEW IS THAT IT'S IMPROPER. THE SUPREME COURT HAS SAID THAT. I'M HAPPY TO ANSWER ANY OTHER QUESTIONS. >>COUN. BORREGO: THANK YOU. >>COUN. GIBSON: MADAM PRESIDENT, IT SEEMS LIKE WE HAVE DONE THIS MORE THAN ONCE BEFORE. THERE HAS TO BE A COUNCIL TO PROMOTE THESE BILLS. >> THIS IS MIKE FOLEY IN THE MAYOR'S ROOM. CAN YOU LET COUNCILOR GIBSON -- >>COUN. GIBSON: THE ONLY MESSAGE I HAVE IS THAT WE HAVE A TWO-YEAR WINDOW. ALTHOUGH, ISSUES AREN'T GUIDED BY A TWO-YEAR WINDOW. THEY COME UP AS WE NEED THEM. I DON'T THINK THERE WOULD BE VERY MANY PEOPLE AT CITY HALL TO DENY THAT. WE DO NOT NEED MORE FUNDING FOR NOT ONLY STREET MAINTENANCE BUT CONSTRUCTION AND RENOVATION. IT SEEMS WE'VE DONE IT BEFORE. IF WE WERE PRECLUDED FROM DOING THAT, GOING FORWARD, IT WOULD BE VERY DIFFICULT TO GET VOTERS POTENTIAL DECISIONS THEY NEED TO MAKE. THAT'S ALL I HAVE. THANK YOU. >> COUNCILOR BORREGO, THANK YOU, THERE'S SEVERAL REASONS IN THE VETO MESSAGE. YES WE BROUGHT UP THE TIMING, THE MAYOR BROUGHT UP THE TIMING ABOUT NOT KNOWING WHAT THE FUTURE HOLD FOR THE ECONOMY GIVEN THE FACT THAT WE'RE COMING OUT OF THE PANDEMIC. THAT IS ABSOLUTELY ONE OF THE REASONS. YOU DEALT WITH THE ENTRENCHMENT ISSUE. THERE'S LEGAL AMBIGUITY ABOUT THAT. PUTTING A TAX ON THE BALLOT AND PASSED ON A FUTURE BALLOT. BUT THE THIRD REASON IS WE REALLY DO THINK THERE'S OTHER FUNDING SOURCES THAT CAN BE USED TO ADDRESS SOME OF THE ISSUES. GIVEN THE CONTEXT WE'RE IN RIGHT NOW, THERE'S MORE FEDERAL MONEY AVAILABLE, AS YOU KNOW. THEY'VE WORKED WITH US ON THE FEDERAL MONEY THAT'S BEEN MADE AVAILABLE. WE THINK THERE'S OTHER FINANCING SOURCES. I THINK THE MAYOR IS INTERESTED IN FUNDING THESE NEEDS. SURELY, WE'RE INTERESTED IN ABOUT TALKING ABOUT DIFFERENT AAPPROACHES. THE FEELING IS RIGHT NOW TRYING TO BIND A FUTURE COUNCIL AND PUT SOMETHING ON THE BALLOT IN TWO YEARS WITH SO MUCH UNCERTAINTY, IT WAS A STACK OF ISSUES THAT LED TO THE VETO. >>COUN. BORREGO: THANK YOU. I HAD ANOTHER COUNCILOR, COUNCILOR HARRIS, HAD HIS HAND UP. COUNCILOR HARRIS? ANY OTHER COMMENTS? I HAD A COMMENT I'D LIKE TO MAKE, COUNCILOR BENTON, BEFORE YOU CLOSE. I WAS -- >>COUN. BENTON: I'M NOT READY TO CLOSE. I HAVE QUESTIONS OF MY OWN. FIRST OF ALL, I'D LIKE TO ASK THE CITY ATTORNEY. WHEN YOU'RE CONFIRMED BY THIS COUNCIL, WE ASKED ABOUT WHO YOU WORKED FOR. THAT'S A DISCUSSION THAT I'VE HAD WITH EVERY NOMINEE, AND THE ANSWER IS I WORK FOR THE CITY. I WORK FOR THE COUNCIL AND MAYOR. I'VE BEEN TOLD -- I WAS NOT AWARE OF THIS ARGUMENT THAT YOU'RE MAKING TONIGHT. WOULD IT NOT HAVE BEEN APPROPRIATE TO DISCUSS THAT WITH MEMBERS OF THE COUNCIL? >> WHAT WOULD NOT HAVE BEEN APPROPRIATE TO DISCUSS? >>COUN. BENTON: WOULD IT NOT HAVE BEEN APPROPRIATE FOR YOU TO DISCUSS YOUR OPINION ABOUT THIS WITH COUNCILORS WHO PASSED THIS RESOLUTION? >> CERTAINLY, ABSOLUTELY. I DO WORK FOR THE CITY, FOR BOTH COUNCIL AND FOR THE EXECUTIVE ADMINISTRATION. THIS ISSUE IS IMPORTANT, AS I'M SEEING IT NOW, I WANT TO MAKE SURE THAT I'M BEING CLEAR AS TO WHAT PROVISION IS ACTUALLY PROBLEMATIC. THAT IS THE PROVISION THAT COMPELS A FUTURE COUNCIL TO TAKE SOME TYPE OF ACTION. THAT'S WHAT THE LEGISLATIVE ENTRENCHMENT LANGUAGE IS. IT'S TELLING THE NEXT COUNCIL TO SEND THE RESOLUTION. IT'S PROPER TO BE SEND THIS YEAR. >>COUN. BENTON: I HAD A CONVERSATION WITH THE MAYOR WHERE I MADE A CLEAR WHERE WE PASS AN ELECTION RESOLUTION. THAT'S NOT BINDING THE NEXT COUNCIL TO DO ANYTHING. IT'S ALL SET UP. AS STATED BEFORE, I BELIEVE BY COUNCILOR GIBSON, OFTENTIMES WE CAN'T GET ON A BALLOT. AS I RECALL WE MOVED TO THE NEXT AUTOMATIC BALLOT. >> MADAM PRESIDENT, COUNCILOR BENTON, MY UNDERSTANDING IS THIS PROPOSED LANGUAGE CAME THROUGH IN AN AMENDMENT, IF IT WASN'T IN THE ORIGINAL BILL, I WOULDN'T BE ABLE TO MEET WITH COUNCILORS BEFORE THAT, I'M HAPPY TO HAVE ANY OTHER DISCUSSIONS REGARDING FUTURE LEGISLATION ON THIS PARTICULAR ISSUE. >>COUN. BENTON: FUTURE LEGISLATION THE WAY IT'S STACKING UP RIGHT NOW. THE FACT IS WE DID PASS THIS WITH A STATED INTENTION OF PUTTING IT ON THE BALLOT IN 22. AS MR. MELENDREZ IN A MEMO TO THE ENTIRE COUNCIL, AND WOULD HAVE IT ON IT THE AGENDA TONIGHT IF THE PRESIDENT ALLOWED IT, TO GO AHEAD AND INTRODUCE AN ELECTION RESOLUTION FOR NEXT YEAR. THAT'S NOT BINDING THE FUTURE COUNCIL OF DOING ANYTHING. ALL ITS DOING IS PLACING IT ON THAT ELECTION BALLOT AS ALLOWED BY STATE LAW. I GUESS I WOULD ASK HELP FROM MR. MELENDREZ. I FAIL TO SEE THE LOGIC HERE. IF YOU'RE NOT AWARE OF THE AMENDMENT THAT STATED OUR INTENTION IN THE PASSAGE OF THE RESOLUTION, THEN I THINK THERE SHOULD BE A RECONSIDERATION OF THE ADVICE GIVE THAT WAS GIVEN THE MAYOR. >> THE LEGAL ANALYSIS I'VE GIVEN IS FIRM. IT'S FIRMLY ESTABLISHED LAW. IF I MISSED IN THE FLOOR AMENDMENT PROCESS, MY APOLOGIES. I WANT TO MAKE SURE THAT WE'RE GETTING THE COUNCIL AND THE MAYOR ACCURATE INFORMATION AND ACCURATE LEGAL ADVICE. THAT'S WHAT THE ADVICE IS. >>COUN. BENTON: WE'RE GETTING THE LEGAL ADVICE EX POST FACTO. THIS VOTE MAY VERY WELL HAVE GONE THE SAME WAY REGARDLESS. IT'S REALLY BEEN, TO ME, SEVERAL RED HERRINGS IN THE VETO MESSAGE. INCLUDING, NO OFFENSE TO YOU, I FAIL TO UNDERSTAND, AND I HAD THE OPPORTUNITY TO UNDERSTAND AND I STILL DON'T UNDERSTAND AFTER YOUR STATEMENTS, WHAT BASIS YOU'RE REFERRING TO. LET ME MOVE ON. I'LL DEFER TO YOU, MADAM PRESIDENT, IF YOU HAVE QUESTIONS. >>COUN. BORREGO: I HAVE TWO OTHER COUNCILORS WAITING IN THE QUEUE. I'M GOING TO GO TO COUNCILOR HARRIS AND I'M GOING TO GO TO COUNCILOR PEÑA. >>COUN. HARRIS: COUNCILOR BENTON ALREADY BROUGHT IT UP. I WANT TO HEAR FROM MR. MELENDREZ. IT SOUNDS LIKE IN ORDER TO GET AROUND THE ENTRENCHMENT WE'RE GOING TO INTRODUCE A 2022 ELECTION RESOLUTION. I THINK THIS ISSUE WAS A LITTLE BIT MORE SUBTLE, PERHAPS, THAN COUNCILOR BENTON IS SAYING. JUST ASK MR. MELENDREZ THAT THERE'S SUPREME COURT CASES GOING BACK HOWEVER LONG THAT SAYS ONE LEGISLATIVE BODY CAN'T BIND ANOTHER. >> I THINK THAT IS A CORRECT PROPOSITION. AS YOU KNOW, THE NEXT STEP IN THAT IS YOU HAVE TO ANALYZE THE FACTS OF THE SITUATION TO IDENTIFY WHETHER OR NOT IT FITS IN THAT PROPIZATION. I THINK IT'S NUANCED. IT DOES NOT FIT WITHIN THAT ENTRENCHMENT PROHIBITION. >>COUN. HARRIS: IS IT BECAUSE IT'S A SEPARATE ACTION THAT NEEDS TO BE TAKEN? >> THERE'S A NUMBER OF REASONS. THE FIRST IS THE ACTIONS, TO ENACT THIS TAX, TWO STAGES IS REQUIRED. FIRST IS ENACTMENT OF ORDINANCE, SECOND 60 DAYS THE CITY COUNCIL AUTHORIZES RESOLUTION. IN A MORE TRADITIONAL, THE CITY COUNCIL BINDS THE 25th COUNCIL TO TAKE ACTION. AS A MATTER OF LAW THAT CANNOT HAPPEN. IN ADDITION THE CITY COUNCIL HAS A NUMBER OF ORDINANCES IN THE BOOKS, INCLUDING THE BUDGET ORDINANCE THAT BINDS FUTURE COUNCILS TO TAKE CERTAIN ACTION OR FACE CERTAIN CONSEQUENCES. I THINK THOSE ARE MORE OR LESS ACCEPTABLE IN OUR CITY STRUCTURE BECAUSE THE SAME VOTE THAT IT WOULD REQUIRE TO TAKE ONE OF THOSE ACTIONS IS THE SAME VOTE THAT WOULD BE REQUIRED TO RELIEVE THE CITY COUNCIL OF THE OBLIGATION. IN OTHER WORDS, IF A FUTURE COUNCIL DID NOT LIKE WHAT WAS BEING IMPOSED, A MAJORITY OF THE BODY COULD CHANGE THAT. IT'S NUANCED FROM THE CITY BECAUSE IN THIS INSTANCE THE GAS TAX VOTE IN ORDER TO PERFECT IT OR PLACE IT ON THE BALLOT, THE TWO STAGES WOULD BE REQUIRED BY THE SAME BODY. >>COUN. HARRIS: BUT THE COUNCIL -- I MEAN IT IS TRUE THAT THIS RESOLUTION OF THE GAS TAX IS UNENFORCEABLE, CORRECT? >> MADAM PRESIDENT, COUNCILOR HARRIS, JUST TO PLAY OUT HOW IT WOULD WORK IS THAT THE CITY COUNCIL WOULD VOTE ON THE RESOLUTION. THAT RESOLUTION BECOMES AFFECTIVE. THE NEXT STEP IS INTEREST THE CITY CLERK TO TRANSMIT THAT TO THE BERNALILLO COUNTY CLERK. NOW THE BERNALILLO COUNTY CLERK HAS THE DIRECTIVE TO PUT THAT ON THE BALLOT FOR THE 2022 ELECTION. IT WOULD BE EXECUTED AT THAT POINT. THE CITY WOULD HAVE DONE ITS OBLIGATION IN ORDER TO PLACE THAT TAX ON THAT BALLOT. THE QUESTION OF THE TAX AND SENDING IT TO THE VOTERS IS A QUESTION BEFORE THE COUNCIL AND WITHIN THAT QUESTION IS WHICH ELECTION YOU WANT TO SEND IT TO. THAT SEEMS TO BE A QUESTION THAT IS POPULAR BEFORE THE BODY. >>COUN. HARRIS: WE'RE TALKING ABOUT THE RESOLUTION PASSED 5-4 AND THE MAYOR VETOED. >> THAT'S AN ORDINANCE. THE ORDINANCE PASSES THE TAX AND PUTS IT INTO LAW WILL BE EFFECTIVE IF THE RESOLUTION OF THE ELECTION PASSES. >>COUN. HARRIS: WOULD IT BE FAIR TO SAY THE ORDINANCE IS UNENFORCEABLE BECAUSE THE NEXT COUNCIL CAN DECLINE? >> I WOULDN'T SAY IT'S TOTALLY UNENFORCEABLE, IT REQUIRES TWO STAGES OF COUNCIL ACTION. FIRST IS ORDINANCE, SECOND IS RESOLUTION, THIRD IS PEOPLE HAVE TO VOTE. IF ANYONE OF THOSE FAILS OR IS RESCINDED, IT BECOMES INEFFECTIVE. >>COUN. HARRIS: IT'S STILL YOUR POSITION THAT THE ORDINANCE IS GOOD, EVEN THOUGH -- LET ME BACK UP. NORMALLY, WE DON'T DO RESOLUTIONS THIS FAR OUT OF AN ELECTION. THAT'S UNUSUAL, CORRECT? FOR THE 2022 ELECTION, WHEN THE LAST DATE TO PASS THAT? >> WE WOULDN'T NORMALLY PASS A RESOLUTION FOR 2022. IN THIS PARTICULAR INSTANCE, THE STATUTE THAT AUTHORIZES THE CITY TO ENACT A GAS TAX TELLS THE CITY THAT IF THEY'RE GOING TO PROPOSE AN ELECTION ON THAT TAX IT MUST BE WITHIN 60 DAYS OF THEM -- I'M SORRY, 30 DAYS OF THE -- NO IT IS 60, I APOLOGIZE, OF THEM ADOPTING THE ORDINANCE. THAT IS A TIME FRAME CRITICAL. HAVING SAID THAT, IN NORMAL CIRCUMSTANCES, THE CITY IS USUALLY PASSING ELECTION RESOLUTION MUCH CLOSER TO WHEN THE LECTION WILL OCCUR. THAT HAS BEEN MY OBSERVATION. >>COUN. BORREGO: COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MADAM PRESIDENT. I WANT CLARITY BECAUSE THERE'S -- CAN YOU REFRESH MY MEMORY IN TERMS OF WHEN IT WAS ORIGINALLY INTENDED TO GO ON THE BALLOT. I RECALL THERE BEING DISCUSSION THAT IT WAS MOVED BECAUSE THE ORIGINAL INTENTION WAS TO PUT IT ON THIS BALLOT, IS THAT CORRECT? >> MADAM PRESIDENT, COUNCILOR PEÑA, I DON'T THINK THE ORDINANCE EXPRESSED ANY TEMPORAL INTENT. NOT UNTIL THE DISCUSSION CAME UP AT THE MAY 17th COUNCIL MEETING AND THERE WAS DISCUSSION THAT IT SHOULD GO TO 2022. THAT WAS THE ONLY TIME FRAME EVER REFERENCED. I DON'T KNOW IF THAT WAS UNDERLYING THOUGHTS THAT IT WOULD GO SOONER, IF IT WAS IT WASN'T EXPRESSED. >>COUN. PEÑA: OKAY, THANK YOU. >>COUN. BORREGO: ANY OTHER COMMENTS? IF NOT, I HAVE A DIFFERENT TAKE ON THIS. I KNOW THE TECHNICAL INTERPRETATION IS REALLY IMPORTANT. I'VE HAD A LITTLE BIT OF CONVERSATION WITH OUR ATTORNEY REGARDING THAT. I HAVE ANOTHER ISSUE OF PUSHING THIS INTO THE FUTURE, WHICH IS ACTUALLY MORE AN ECONOMIC ISSUE. I REALIZE IT'S IMPORTANT, AND TRUST ME, COUNCILOR BENTON, STREETS ARE FIRST AND FOREMOST IN MY DISTRICT AND YOU KNOW THAT. BUT, THE OTHER ISSUE THAT I HAVE IS WITH REGARD TO ECONOMICS. COMING OUT OF THE PANDEMIC, RIGHT NOW CONSTRUCTION COSTS TO BUILD NEW HOUSES IN ALBUQUERQUE HAS RISEN SINCE MARCH OF 2020. IT'S CONTINUING TO RISE. THE COST OF LUMBER ALONE HAS RISEN 300% FROM THIS TIME LAST YEAR. I JUST CAME FROM A LOCAL FINANCIAL INSTITUTION, JUST SO YOU KNOW, I ASKED THEM SPECIFICALLY ABOUT THE COST OF CONSTRUCTION. WELL, SOME OF THESE COST OF MATERIALS HAVE SEEMED TO REACH ITS PEAK, OTHER MATERIALS ARE NOW STARTING TO TREND UPWARD INCLUDING STEEL, AND OTHER COMPONENTS OF HVAC AND PLUMBING. THE TRUCKING DRIVER SHORTAGE IS ALSO ADDING TO THIS INCREASE AS THERE ARE LESS DRIVERS TO DELIVER ALREADY SHORT SUPPLY. BUILDING A HOUSE USED TO TAKE THREE TO FOUR MONTHS. NOW, DUE TO SHORTAGES AND DELAYED CONSTRUCTION IT'S TAKING UP TO SIX MONTHS. BECAUSE PEOPLE ARE HAVING -- I TALKED TO A BUILDER YESTERDAY AND THEY CAN'T FIND PEOPLE TO WORK TO BUILD RIGHT NOW. THEY'RE HAVING REAL DIFFICULTY IN FINDING WORKERS. WE'RE TALKING ABILITY ANDITION TO THESE INCREASES, ADDING AN ADDITIONAL TAX. THINKING ABOUT THIS AND THINKING ABOUT THE ECONOMICS, AND WHERE WE'RE GOING AS WE COME OUT OF THIS PANDEMIC, AND INFLATION, MY UNDERSTANDING IS THAT THERE IS GOING TO BE INFLATION IN THE FUTURE. THESE ARE SOME OF THE CONCERNS THAT I HAVE. IF WE PUSH THIS INTO ANOTHER YEAR OR EVEN ANOTHER TWO YEARS, WHERE ARE WE GOING TO BE FINANCIALLY? FISCALLY, ECONOMICALLY, I THINK THIS IS ARE REALLY CONCERNS I HAVE. I SEE COUNCILOR JONES WAVING HER HAND. I KNOW SHE HAS A COMMENT REGARDING THIS. WHEN I SEE BUILDERS THAT CANNOT FIND WORKERS, AND I KNOW THE COST OF BUILDING MATERIALS HAS INCREASED SUBSTANTIALLY, THAT'S TELLING ME WE'RE ADDING ANOTHER TAX ON TOP OF ALL OF THESE ISSUES AT THIS TIME. I THINK EVEN IF IT'S A YEAR FROM NOW OR A YEAR AND A HALF IT'S GOING TO COMPOUND THE PROBLEM. FOR THOSE REASONS I'M REALLY HESITANT TO VOTE FOR THIS GAS TAX. COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. THANK YOU FOR GIVING ME THE FLOOR. YOU MAKE SOME VERY INTERESTING COMMENTS. I THINK A LOT OF THEM SHOULD BE LOOKED AT. PERHAPS IF PEOPLE NEED THE WORK, THEY WOULD TAKE THE WORK. THE BUILDERS ARE PAYING HIGHER THAN THEY HAVE BY DECADES. WE HAVE WORKERS MAKE A GREAT DEAL OF MONEY. WE ALSO HAVE WORKERS WHO NEED PEOPLE IN THE BUSINESSES CAN'T FIND WORKERS BECAUSE THEY PREFER NOT TO WORK. I'M NOT GOING TO JUDGE WHY, BUT OBVIOUSLY IF PEOPLE CAN AFFORD NOT TO WORK, THEN A TWO CENT A GALLON GAS TAX WOULD NOT PUT THEM UNDER. IF I WERE IN THAT SITUATION I WOULD TAKE A JOB AND WORK. I THINK THAT WAS A VERY INTERESTING COMMENT, BUT I THINK WE NEED TO VOTE ON THIS, YES OR NO AND MOVE ON. WE CANNOT PREDICT THE FUTURE. I CAN PREDICT THERE ARE FEW PEOPLE IN THE CITY OF ALBUQUERQUE THAT WILL BE HARMED. I THINK ONE OF THE REASONS PUBLIC TRANSPORTATION WORKS IN CITIES IS BECAUSE PEOPLE FIND IT'S NOT AFFORDABLE OR COMFORTABLE TO DRIVE THEIR OWN CARS. ONE OF THE THINGS DONE IN CITIES IS ENCOURAGE USE OF TRANSPORTATION WHICH WE PAY FOR IS TO MAKE IT LESS COMFORTABLE TO DRIVE A CAR. TWO CENTS A GALLON IS NOT GOING TO MAKE THAT DIFFERENCE IN PEOPLE. IT'S ONE OF THE THINGS OTHER CITIES HAVE DONE. I THINK IT'S TIME TO VOTE ON THIS. WE'LL VOTE OUR CONSCIENCE ON WHAT WE THINK. I THINK THIS IS A VERY, VERY FAIR WAY TO FIX OUR STREETS. IT'S A WAY THAT PEOPLE WHO USE WHAT WE OWN CAN HELP PAY TO MAINTAIN WHAT WE HAVE IN OUR CITY. COUNCILOR BENTON, WOULD YOU LIKE TO CLOSE? >>COUN. BORREGO: EXCUSE ME, COUNCILOR JONES, I HAVE THE FLOOR FOR THAT. I WANT TO MENTION THAT COUNCILOR BASSAN HAS JOINED US. SHE IS ON THE LINE. WITH THAT, I WILL MOVE TO COUNCILOR BENTON. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. I APPRECIATE YOUR HELP. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. IF COUNCILOR BASSAN WOULD LIKE TO SPEAK, I WOULD DEFER TO HER. OTHERWISE, I'LL WRAP THIS UP. I DON'T KNOW WHETHER OUR DISCUSSION IS GOING TO CHANGE ANY VOTES OR NOT. I WANT TO SAY, PLEASE INTERRUPT ME IF COUNCILOR BASSAN WANTS TO SPEAK -- >>COUN. BASSAN: I'M HERE SORRY. THANK YOU FOR YOUR FLEXIBILITY ON THIS. I KNOW I'VE MISSED SOME OF THE DISCUSSION. I THINK IT'S IMPORTANT -- I'M SORRY IF THIS IS REPETATIVE. WE'RE TALKING ABOUT OVER A YEAR FROM NOW. WY CAN'T PUT THINGS ON HOLD WHEN WE NEED HELP FOR OUR CITY. WE NEED TO COME UP WITH CREATIVE WAYS THAT ARE SAFE WAYS IN ORDER TO TRY TO IMPROVE OUR STREET AND OTHER ASPECTS IN ALBUQUERQUE. LETTING THE VOTERS DECIDE IS WHAT WE'RE HERE TO DO. WE'RE NOT HERE TO ALWAYS JUST DECIDE FOR THEM. I'VE HEARD ENOUGH ONE WAY AND THE OTHER. IF VOTERS DON'T WANT THIS, THEY WON'T PASS IT COME 2022. IF THEY DO WANT IT, THEY WILL PASS IT. IT'S THEIR PRIVILEGE TO BE ABLE TO DO SO. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR BASSAN, FOR JOINING US. AWAY KNOW YOU'RE OUT OF THE COUNTRY. IT'S NICE TO HEAR FROM YOU. COUNCILOR BENTON, WOULD YOU LIKE TO CLOSE? >>COUN. BENTON: YES, THANK YOU. AGAIN, I AGREE WITH COUNCILOR BASSAN. CONCEPTUALLY I THOUGHT THIS IS A DIVERSIFICATION OF REVENUE TOWARD TRANSPORTATION AND INFRASTRUCTURE. I THINK THE STATE LEGISLATURE MADE THEIR INTENT CLEAR WHEN THEY PASSED THE STATE LAW YEARS AGO THAT GAVE MUNICIPALITIES THIS VERY HUMBLE AUTHORITY OF TWO CENTS A GALLON. THEY REQUIRED THAT IT GO TO A VOTE. I'VE ALWAYS FOUND IT ODD TO DEBATE WHETHER IT'S HAPPENING OR NOT, I WAS THINKING WE WOULD HAVE THE DEBATE OVER THE NEXT YEAR. A LOT OF THE ARGUMENTS WERE MADE AGAINST NOT DOING IT NOW, THIS IS NOT THE TIME. I'VE HEARD THAT LANGUAGE SO MANY TIMES OVER THE YEARS. THIS IS NOT THE TIME. JUST TO PUT SOMETHING ON THE BALLOT, IT IS THE TIME. IT'S A TIME FOR THE VOTERS TO DECIDE. MADAM PRESIDENT, YOUR POINTS ABOUT CONSTRUCTION INFLATION ARE VERY WELL-TAKEN. THE COST OF ALL THESE PROJECTS ARE INCREASING DRASTICALLY FOR US AS A CITY. TO ME THE PROJECTS WE CHAMPION IN OUR OWN DISTRICTS ARE GOING TO ABSOLUTELY COST MORE A YEAR FROM NOW. AND THAT CONSTRUCTION INFLATION IS A FACT AND MULTI-PRONGED REASONS FOR IT. THAT, TO ME, IS MORE THE POINT THAN US ARGUING WHETHER IT'S A GOOD IDEA OR NOT RIGHT NOW. IT'S NOT FOR US TO DECIDE. DELIBERATELY THE STATE SAID WE CAN PUT A QUESTION OUT THERE. THAT'S ALL THIS WAS OR IS. I HAVEN'T FINISHED, MADAM PRESIDENT. I WANT TO URGE EVERYONE TO THINK THAT THROUGH. I TRUST THE VOTERS. THEY WILL GAUGE WHAT OUR ECONOMIC SITUATION IS AND WE'LL ALL BE ABLE TO WEIGH IN ON THAT AND OTHER PEOPLE WILL TOO. THE JOURNAL MADE THIS POINT THAT WE ALREADY HAVE OTHER TAXES AND REVENUE STREAMS. THAT'S TRUE. STILL, AS THE FIRST TIME WE'VE TALKED THIS, WHICH IS 2017, EVEN WITH ALL OF THE OTHER REVENUE SOURCES WE'RE STILL HUNDREDS OF MILLIONS OF DOLLARS BEHIND IN ROAD REPAIR. IT'S ALSO BEEN STATED THAT WE'RE HUNDREDS OF MILLIONS SPECIFICALLY WITH REGARD TO ADA COMPLIANCE ON OUR STREETS. IT'S PUTTING IT OUT THERE INTO THE FUTURE. I WOULD BE SURPRISED IF ANYBODY IS GOING TO BRING A SUIT OR SOMETHING ABOUT US PUTTING IT ON THE BALLOT IN ACCORDANCE WITH STATE LAW. I HAVEN'T HAD ENOUGH TIME TO DIGEST WHAT THAT THEORY IS. THE IDEA THIS IS NOT THE TIME BECAUSE WE'RE COMING OUT OF A PANDEMIC, WE'RE NOT DOING IT RIGHT NOW. I APPEAL TO YOU, LET THE VOTERS DECIDE IN 2022, AS WAS REQUESTED BY SEVERAL COUNCILORS. I URGE YOUR SUPPORT ON THE OVERRIDE. >>COUN. BORREGO: OKAY, COUNCILORS, WITH THAT I DON'T SEE ANY COMMENTS FROM COUNCILORS IN THE CHAT ROOM. I REMIND THE COUNCIL IN ORDER TO PASS THE OVERRIDE WE NEED SIX VOTES. WITH THAT, WE'LL MOVE TO MS. ORTEGA. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: NO. >>COUN. JONES: YES. >>COUN. PEÑA: NO. >>COUN. SENA: NO. >>COUN. BORREGO: NO. >>COUN. BORREGO: THANK YOU, COUNCILORS, THAT MOTION FAILS ON A 5-4 VOTE. WITH THAT, COUNCILORS, I SAID WE WOULD TAKE A BREAK ABOUT 6:30. IT IS NOW 6:58, WE'LL RECONVENE AT 7:30. >>COUN. BORREGO: WELCOME BACK TO THE PUBLIC AND WELCOME BACK, COUNCILORS. THIS IS THE JUNE 7, 2021 MEETING OF THE CITY COUNCIL. THE 34th MEETING OF THE 24th COUNCIL. WE TOOK A BREAK ON ITEM -- GOING BACK ON YOUR AGENDA, WE'RE BACK ON ITEM B, WHICH IS 0-60, ADOPTING TEXT AMENDMENTS TO THE DEVELOPMENT ORDINANCE. I'M GOING TO TURN THIS OVER TO COUNCILOR BENTON AND COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. I GET TO START FIRST. WE'VE ALREADY READ WHAT IT IS. I WOULD LIKE TO MOVE A DUE PASS. >>COUN. BORREGO: OKAY, I HAVE A MOTION, COUNCILOR JONES. COUNCILOR BASSAN IS ALSO JOINING US. ALL OF THE COUNCILORS ARE PRESENT. BEFORE YOU GO ON, I HAD A SECOND FROM COUNCILOR BENTON. IS THAT CORRECT? THANK YOU. COUNCILOR JONES, I'M SORRY. >>COUN. JONES: WE'VE MOVED A DUE PASS. I'D LIKE TO MOVE A PRESENTATION BY MS. MORRIS ABOUT THE BACKGROUND AND TALK TO US ABOUT A BETTER IDEA OF WHAT TO DO. THANK YOU, MADAM PRESIDENT. >> MADAM PRESIDENT, COUNCILORS, THANK YOU FOR JOINING US THIS EVENENING. BEFORE YOU TONIGHT IS 0-21-60 THIS IS IDO ANNUAL UPDATE. THIS IS THE SECOND IDO ANNUAL UPDATE. THIS IS THE 2020 ANNUAL UPDATE. STARTED AT EPC IN JANUARY OF THIS YEAR. HAD THREE EPC HEARINGS , ONE JANUARY 21, SECOND FEBRUARY 18, AND A THIRD ON MARCH 4. WE'VE GONE TO THE LAND USE PLANNING AND ZONING SUBCOMMITTEE WITH TWO MEETINGS ON MAY 5 AND MAY 12. THOSE TWO MEETINGS, ALL THE AMENDMENTS PASSED BEFORE YOU TONIGHT IS THE BILL. AN EXHIBIT TO THE BILL, AND THAT EXHIBIT AS AMENDED. >>COUN. BORREGO: BEFORE YOU GO ON, COULD YOU SAY WHO YOU, PLEASE? >> SORRY, I FORGOT. I'M THE COUNCIL PLANNING MANAGER, AND I NEED TO GET SWORN IN. THANK YOU VERY MUCH. >>COUN. BORREGO: I'M GOING TO SWEAR YOU IN. AND SHANNA AS WELL? >> I DID GET SWORN IN EARLIER WITH THE REST OF THE PUBLIC COMMENTERS. >>COUN. BORREGO: VERY GOOD THANK YOU. PETRA, DO YOU SWEAR TO TELL THE TRUTH AND WHOLE TRUTH? >> I DO. >>COUN. BORREGO: THANK YOU. GO AHEAD. >> THANK YOU, MADAM PRESIDENT, THE IDO BEFORE YOU IS A BILL AND AN EXHIBIT TO THE BILL AND THAT EXHIBIT IS AS AMENDED. THE EXHIBIT REFLECTS THE RECOMMENDATION OF THE EPC WITH EPC CONDITIONS ON CITY WIDE CHANGES. AND SMALL CHANGES IN BLUE. BEFORE YOU TONIGHT, WE HAVE 19 AMENDMENTS. THE FIRST FOUR AMENDMENTS ARE ON NON-CANNABIS TOPICS. THE REMAINING ON CANNABIS TOPICS. I'M START WITH THE FOUR NON-CANNABIS TOPICS. AND MOVE TO A SHORT OVERVIEW OF THE CANNABIS TOPICS. ONE IS ADDING BED LIMITATIONS TO OVERNIGHT SHELTERS. THIS IS REVISED. IT WAS NOT VOTED ON. IT HAS LANGUAGE IN THERE TO ALLOW BED LIMITATIONS TO BE DOUBLED. AMENDMENT B2, MAKE CHANGES TO TWO DEFINITIONS. FIRST IS BAR AND SECOND IS RESTAURANT. THE STATE MADE SOME CHANGES TO THE LIQUOR REGULATIONS IN TERMS OF THE OPTIONS TO HAVE DELIVERY. THIS ALLOWS SOME OF THE RESTAURANTS TO DO ALCOHOL DELIVERY. IT BRINGS THE IDO INTO COMPLIANCE WITH THAT LICENSING. AND AMENDMENT B3 IS ABOUT FOOD PROCESSING. THE STATE MADE SOME CHANGES THIS SPRING TO ALLOW HOUSE BILL 177 THE HOME MADE FOOD ACT TO ALLOW PEOPLE TO PRODUCE FOOD AT HOME AND THIS AMENDMENT TO THE HOME OCCUPATION SECTION OF THE IDO ALLOWS FOR HOME FOOD PROCESSING TO BE ALLOWED. IT DOES NOT MAKE ANY CHALLENGES TO ENVIRONMENTAL HEALTH REQUIREMENTS. PEOPLE WILL STILL NEED TO GET RELEVANT CITY, STATE, HEALTH APPROVALS. AND AMENDMENT B4 STRIKES THE GEOGRAPHIC RESPONSIVENESS SECTION. THIS SECTION IS PROPOSED TO BE PLACED IN DESIGN MANUAL. AND THAT IS OUR FOUR NON-CANNABIS AMENDMENTS. MOVING TO THE CANNABIS AMENDMENTS, I'M GOING TO GO THROUGH THESE BY TOPIC. WE TOOK A TOP APPROACH AS COUNCILORS ADDRESS THEIR DIFFERENT CONCERNS. THE IDEA BEING THAT YOU MAY WANT TO TRY A VARIETY OF DIFFERENT ISSUES ON THIS ONE RATHER THAN ONE BIG MEAL THAT HAS EVERYTHING. FIRST ON THE MENU ARE B5 AND B6. THESE TWO AMENDMENTS ARE TECHNICAL AMENDMENTS. B5 CLARIFIES LANGUAGE ABOUT ODORS. AND B6 IS LANGUAGE TO BRING COMPLIANCE WITH THE STATE. IT HAS THE PHRASE LICENSED PREMISE. IT REDUCED DISTANCE FROM 330 TO 300 FEET AND ADDS DEFINITION OF DAY CARE. IT MAKES THE DISTINCT FRAMEWORK WITHIN THE IDO CLEARER IN TERMS OF THE ODORS AND BRINGS IN COMPLIANCE WITH THE STATE REGS. MOVING ON, THE AMENDMENT B7 AND 8 DEAL WITH A PROPOSED DEFINITION FOR ON-SITE CONSUMPTION. THESE DEFINITIONS ARE SIMILAR. THERE ARE SOME DIFFERENCES. B8 IS MORE EXPLICIT ABOUT COMMERCIAL ON-SITE CONSUMPTION. THIS GETS TO AN ASPECT OF RETAIL THAT I THINK WE'VE HAD DISCUSSION AT AND PUBLIC COMMENT THAT IN THE FUTURE THERE WILL BE ALLOWANCE FOR CONSUMPTION OF CANNABIS ON-SITE. EITHER SMOKING OR BAKED GOODS OR WHATEVER IT IS. MOVING ON TO THE BULK OF THE AMENDMENTS. THE BULK DEAL WITH DISTANCE SEPARATIONS. B9 WOULD PROHIBIT CANNABIS RETAIL ON ANY LOT WITH MAIN STREET CORRIDOR AS DEFINED BY THE COMPREHENSIVE PLAN. MAIN STREET CORRIDORS ARE CENTRAL, SAN PEDRO, BRIDGE, AND BROADWAY. ALSO ADDS THREE RESIDENTIAL ZONE DISTRICTS, GROUP HOMES AND RELIGIOUS INSTITUTIONS TO THE LIST OF USES THAT CAN'T BE WITHIN 300 FEET OF CANNABIS RESALE. FOR RESIDENTIAL IN A MIXED USE ZONE DISTRICT THAT WOULD MAKE IT CONDITIONAL USE. AND PROHIBITS ON-SITE CONSUMPTIONS FOR ANY LOTS ON THE MAIN STREET CORRIDOR TO TIE IN WITH RETAIL. AMENDMENT B10 WOULD ADD A SEPARATION DISTANCE BETWEEN CANNABIS RETAIL AND RELIGIOUS INSTITUTION OF 300 FEET. THAT'S THE ONLY THING IN THE LIST IS SEPARATION. AND B11 DOES THE SAME BUT FOR CANNABIS CULTIVATION AND MANUFACTURING. AMENDMENT B12 ADDS DISTANCE SEPARATION OF 600 FEET BETWEEN CANNABIS RETAIL. AND B12 BETWEEN CANNABIS USES, IF THERE'S 600 FEET OR LESS IT'S CONDITIONAL USE. WHEREAS B13 HAS A PROHIBITION OF CANNABIS USE CLOSER THAN A THOUSAND FEET FROM EACH OTHER. THERE'S A SLIGHT DIFFERENCE BETWEEN B12 AND B13. IT ALSO HAS ADULT ENTERTAINMENT. B14 REMOVES THE DISTANCE SEPARATION BETWEEN CANNABIS CULTIVATION AND CANNABIS MANUFACTURING USES IN A RESIDENTIAL ZONE DISTRICT. AND AMENDMENT B15 WOULD ALLOW CANNABIS CULTIVATION OF 300 RESIDENTIAL SCHOOL DISTRICT, DAYCARE WITH CONDITIONAL USE APPROVAL. MOVING ON TO THE NEXT SET. SIGN REGULATIONS. AMENDMENT B16 RESTRICTIONS THE SIGN, TYPE, LOCATION AND CONTENT FOR ALL THREE CANNABIS USES. AMENDMENT B17 ADDRESSES HOURS FOR CUSTOMER VISITS AND DELIVERIES FOR CANNABIS RETAIL. AND ALSO FOR CANNABIS CULTIVATION AND MANUFACTURING. AND AMENDMENT B18, THIS ONE WOULD ALLOW CANNABIS MANUFACTURING. AND HAVE A SQUARE FOOTAGE LIMITATIONS THIS IS INTENDED TO TRACK ARTISAN MANUFACTURING. THIS IS ALLOWED IN MIXED USED DISTRICTS. HOWEVER, ARTISAN MANUFACTURING BY DEFINITION RECOGNIZE USE OCCUR IN DOORS AND THE PROPERTY BE NO MORE THAN 10,000 SQUARE FEET. THOSE TWO REQUIREMENTS WOULD TRACK OVER FOR THIS CANNABIS MANUFACTURING. YOU CAN DO CANNABIS MANUFACTURING IN THE MIXED USE ZONE AS LONG AS YOU'RE 10,000 SQUARE FEET OR LESS AND THE BUSINESS IS ENTIRELY IN DOORS. THE LAST AMENDMENT IS B19. THIS AMENDMENT WAS REVISED AND SENT TO YOU EARLIER TODAY VIA EMAIL. THIS HAS GRANDFATHERING LANGUAGE. IT GRANDFATHERS EXISTING RETAILERS. AND IT WOULD ALSO GRANDFATHER EXISTING CANNABIS CULTIVATING, CULTIVATERS AND MANUFACTURERS. WITH THAT, I STAND FOR QUESTIONS. >>COUN. BORREGO: THANK YOU. THANK YOU, COUNCILORS. DO WE HAVE QUESTIONS? COUNCILOR DAVIS. >>COUN. DAVIS: THANKS, MADAM PRESIDENT. I WANT TO MAKE A COUPLE QUICK COMMENTS TO THINK ABOUT. I'M NOT SURE WHETHER WE WANT TO TAKE THESE UP, OR MOVE THEM FORWARD OR DEFER THEM. I WANT TO CLARIFY A COUPLE OF THINGS WE HEARD EARLY IN PUBLIC COMMENT. I HAD A CHANCE TO GO BACK AND LOOK AND BE SURE. I JUST WANTED MAKE, IN GENERAL, THE UNDERSTANDING WHO IT'S IMPORTANT THAT TODAY OR IN THE NEAR FUTURE DECIDE WHAT WE WANT TO DO AROUND CANNABIS. TO BE CLEAR, I DON'T HAVE ANY OPENSHIP EXCEPT FOR I'VE BEEN WORKING ON THIS POLICY FOR THE GOVERNOR'S OFFICE AND AROUND THE LEGISLATURE. I DO HAVE A BUSINESS THAT HELPS CANNABIS BUSINESS WRITE STANDARD OPERATING PROCEDURES. WHERE THEY OPERATE IS NOT MY BUSINESS, DELBERATELY SO. I THINK THE COMMENTS WE HEARD TODAY ARE IMPORTANT FOR US TO DEBUNK. NO MATTER WHAT, THE STATE HAS LEGALIZED CANNABIS. THE LAW SAYS THAT THE STATE HAS TO BEGIN ISSUING THE FIRST LICENSES NO LATER THAN SEPTEMBER 1. THE REGULATIONS AND LICENSING DIVISION HAS ISSUED PROPOSAL RULES AND THE DEPARTMENT OF HEALTH ISSUED REAL RULES THAT STATED ON JULY 21 THEY WILL BEGIN ACCEPTING APPLICATIONS FOR NEW CANNABIS BUSINESSES. MUCH EARLIER THAN THE NO LATER THAN DEADLINE. THAT'S IMPORTANT BECAUSE IF THE CITY OF ALBUQUERQUE PUTS SOME TYPE OF MORATORIUM AND STOPS NEW BUSINESSES IS WE WILL PRESERVE THE EXISTING PROGRAM, ALLOW THE CURRENT PRODUCERS WHO AS WE HEARD ARE MORE WHITE, OLDER, HAVE MORE CAPITAL AND ARE BETTER ESTABLISHED, TO EXPAND THEIR BUSINESSES. THEY'RE ABLE UNDER THE STATE'S RULES INCREASE PLANT COUNT, GROWING MORE AND BUILDING ANCILLARY FUNCTIONS THAT NEED TO BE FOR CANNABIS BUSINESS. WE'RE GOING TO FURTHER ENTRENCH THE BUSINESSES IN THEIR LEADERSHIP AND DOMINANCE OF THIS INDUSTRY IN ALBUQUERQUE. THE WAY THE STATE'S RULES ARE WRITTEN IN THE LAW IS TO ALLOW NEW BUSINESSES TO GET STARTED AT THE SAME TIME AS EXISTING BUSINESSES TO START GROWING SUPPLY FOR THE ADULT USE MARKET. IF THE CITY OF ALBUQUERQUE PUTS A MORATORIUM, IT MEANS ANYBODY LIVING IN THE CITY OF ALBUQUERQUE, ALL THESE PEOPLE THAT HAVE RETAIL SPACES THEY NEED TO FILL UP, ALL THESE MICROBUSINESSES THAT CAN PARTICIPATE, PARTICULARLY MINORITY BUSINESSES OWNERS WOO WITH GET IN WITH A VERY LOW COST ARE GOING TO BE DISADVANTAGED. THE REST OF THE STATE IS NOT WAITING ON ALBUQUERQUE. THEY'RE GOING. I THINK NO MATTER WHAT WE DECIDE, I THINK IT'S IMPORTANT WE FIGURE THESE RULES OUT QUICKLY. WE'RE A MONTH AWAY FROM PEOPLE SUBMITTING A FULL BUSINESS PLAN. THEY NEED TO KNOW THOSE ADDRESSES. FOR THOSE CONCERNED ABOUT INCLUDING NEW MINORITY VOICES, I THINK THE BEST WAY TO HELP SMALL, NEW MINORITY BUSINESSES GET STARTED IS TO HAVE NO RESTRICTIONS OF WHERE THEY CAN OPERATE DIFFERENT THAN ANY OTHER BUSINESS SO THEY HAVE THE CHOICE TO PARTICIPATE ANYWHERE IN THE CITY. I RECOGNIZE THAT SOME PEOPLE THINK THAT'S NOT APPROPRIATE. WE HAVE OFFERED SOME OTHER IDEAS. THAT SAID, A MORATORIUM ON BUSINESSES IN ALBUQUERQUE WILL ONLY PROHIBIT THOSE MICROPRODUCERS AND MINORITY BUSINESS OWNERS FROM PARTICIPATING. IT WILL ENTRENCH THE EXISTING PEOPLE. AS MUCH AS I SUPPORT THE ADVOCATES WHO WANT US TO TAKE A STOP AND WAIT, THE PLACE TO DO THAT IS AT THE STATE LEGISLATURE. THAT CONVERSATION ALREADY HAPPENED. IF YOU A CRIMINAL RECORD ON YOUR -- THAT MIGHT PROHIBIT YOU FROM GETTING A LICENSE. THE STATE SAID THEY WILL IGNORE IT. NO MATTER WHAT, THIS IS COMING NEXT MONTH. WE OUGHT TO ADDRESS IT. IF WE DON'T DO SOMETHING, THEY'LL GET A LICENSE UNDER NO RULES. OR IF WE HAVE A MORATORIUM, THE SMALL BUSINESS OWNERS IN ALBUQUERQUE WILL BE LEFT BEHIND. I THINK WE OUGHT TO DECIDE TO GET STARTED AND DO SOMETHING WHETHER THAT'S TODAY, NEXT WEEK OR ON THE 21. THANK YOU FOR LETTING ME HAVE MY SOAPBOX. IT WILL PREVENT ME FROM DOING IT LATER. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS. COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. I APPRECIATE HAT. I THINK -- PETRA THANK YOU FOR THE GREAT PRESENTATION. I'M CONFIDENT IF EVERYBODY ELSE IS LIKE I WAS, THERE'S GOING TO BE MORE QUESTIONS AND I'M POSITIVE WE'LL HAVE QUESTIONS FROM THE PRESS ESPECIALLY THE CONSTITUENT AND THE PEOPLE INVOLVED IN THIS. COUNCILOR BENTON AND I HAVE DISCUSSED THIS WITH PETRA AND STAFF, WE WOULD LIKE TO POSSIBLY DEFER THIS UNTIL A DATE NEXT WEEK WHICH WE ALREADY HAD SET ASIDE. IT LOOKS LIKE A PERFECT DAY. THURSDAY, JUNE 17th AT 3 P.M. VIA VOOM. WRAP THIS UP, GET THE QUESTIONS YOU MIGHT HAVE, THE PEOPLE AT HOME MIGHT HAVE. GET THEM IN FRONT OF US TO ASK QUESTIONS AND DO RESEARCH. THAT WILL BE SOMETHING I THINK WE SHOULD BE VERY COMFORTABLE WITH. COUNCILOR BENTON, I HAVEN'T DISCUSSED THIS MUCH WITH YOU. >>COUN. BORREGO: NOBODY'S DISCUSSED THAT DATE WITH ME. THAT'S THE FIRST I HEARD ABOUT IT. COUNCILOR BENTON, GOAHEAD. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. YEAH, WE'RE ALWAYS GOING TO HEAR CALLS FOR DEFERRAL WHEN WE'RE LOOKING AT THE IDO AND LOOKING AT THESE MANUAL AMENDMENTS. IT IS IMPORTANT THAT WE STAY ON TASK, NOT ONLY FOR THE IDO WHICH THE NEXT UPDATE IN THAT WHOLE PROCESS OF COMMUNITY PLANNING ASSESSMENT LOOK FORWARD TO 2022. KEEPING THAT ON TRACK IS REALLY IMPORTANT. I'VE HEARD SOME OF THE QUESTIONS PUT FORTH WITH REGARD TO CANNABIS. THE TWO HOT TOPICS OUT THERE, IT'S THAT AND HOMELESS SERVICES. THESE ARE TWO OF THE BIGGEST QUESTIONS WE HAVE IN THE CITY RIGHT NOW. I'VE HAD QUESTIONS ABOUT THAT AS WELL. I DON'T SUPPORT KICKING THIS CAN VERY FAR DOWN THE ROAD. I LIKE THE IDEA, PERHAPS, IF IT'S ACCEPTABLE TO OTHER COUNCILORS THAT WE CONDUCT A SPECIAL MEETING ON THE AMENDMENTS. AND HOPEFULLY WRAP THAT UP BEFORE OUR MEETING ON THE 21st. THAT WOULD BE MY DESIRE. I DON'T KNOW THE PROCEDURES FOR SETTING THAT. I BELIEVE THREE COUNCILORS CAN REQUEST IT. >>COUN. BORREGO: THANK YOU, COUNCILOR. I THINK ALL OF US WOULD LIKE TO BE A PART OF THIS. COUNCILOR SENA. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I DO SHARE SOME OF THE SAME SENTIMENT IN TERMS OF THE DEFERRAL. I THINK WE HAVE SO MANY QUESTIONS IN ASKING OUR COMMUNITY DURING PUBLIC COMMENT BECAUSE I THINK WE DO NEED TO HAVE MORE OF THAT COMMUNITY INPUT. THE STATE DID HAVE A PROCESS IN WHICH, ESPECIALLY THE COMMUNITIES OF COLOR THAT HAVE BEEN IMPACTED TO HAVE A SAFE ZONE, THEY'RE JUST GETTING THIS PROCESS STARTED TOO. I THINK IT'S FAIR TO SAY WE SHOULD DO THE SAME AND NOT EXCLUDE SOME OF THE VOICES WHEN WE'RE CONSIDERING OUR OWN TYPE OF REGULATION OF CANNABIS. WE WOULDN'T BE IN THIS DISCUSSION HAD THE PEOPLE WHO DID THE WORK TO PASS HOUSE BILL TO BE PART OF THIS CONVERSATION. AS SO MANY STATED DURING PUBLIC COMMENT THAT WE ARE CENTERING THIS ON A BUSINESS ISSUE BUT ALSO WE WOULDN'T HAVE -- I WANT TO ENSURE WE HAVE ENOUGH TIME FOR THOSE THAT WHETHER THEY'RE PART OF THE INDUSTRY BECAUSE JUST DURING THE COUNCIL MEETING WE HAD TWO REACH OUT AND SAY WE WOULD LIKE TO BE PART OF THE CONVERSATION TO ANSWER QUESTIONS BECAUSE THERE ARE QUESTIONS WE MAY HAVE. I THINK EVEN IF IT'S THE 21st MEETING OR THE SUBSEQUENT SPECIAL MEETING CALLED, EVEN ASKING THE COMMUNITY TO GET INPUT. BUT ALSO THINKING ABOUT HOW THE STATE, IN TALKING WITH THE CANNABIS CONTROL DIVISION, SOMEWHAT THEIR TIMELINE IN TERMS OF ISSUING GUIDANCE FOR MUNICIPALITIES OR WHAT THAT COULD LOOK LIKE. THERE ARE GOING TO BE HEARINGS ON JUNE 29th. THE FIRST WAVE OF GUIDANCE AND REGULATIONS FROM WILL COME FROM MANUFACTURING AND CULTIVATION. AND THEN THEY COULD HAVE THE PROCESS OF APPLYING FOR A LICENSE JUST FOR THAT CATEGORY THEN LATER ON RETAIL. I THINK THERE'S SO MUCH CONVERSATION AND QUESTIONS OUT THERE. I SUPPORT THE DEFERRAL. I ACTUALLY WANT TO PROVIDE A LITTLE MORE TIME. WHETHER IT'S TO GET COMMUNITY INPUT OR NOT, THAT'S UP TO US TO DECIDE. I THINK WE NEED TO SLOW DOWN. WE DON'T DEREGULATE CANNABIS EVERY TWO MONTHS. THIS IS ONCE IN A GENERATION THING. I THINK WE SHOULD TAKE THAT TIME TO UNDERSTAND THAT WE SHOULD ALL TAKE THE TIME AND MAKE SURE WE HAVE ALL VOICES AT THIS TABLE. >>COUN. BORREGO: COUNCILOR HARRIS. >>COUN. HARRIS: SURE. I DON'T THINK I HEARD ANY LISTS, AND MAYBE I'LL TALK TO PETRA, AS MUCH AS I LIKED COUNCILOR DAVIS CHANNELLING MILTON FREEDMAN, IT SEEMS THERE'S OPPORTUNITIES WITHIN THE ZONING TO HAVE SET ASIDE FOR MINORITY-OWNED BUSINESSES OR WOMEN-OWNED BUSINESSES OR UNDER CAPITALIZED BUSINESSES OR SMALL BUSINESSES AS WE START THIS NEW INDUSTRY. MAYBE WE'LL ASK CHRIS OR PETRA ARE THINGS WE CAN DEVELOP. WE HAVE TO BE CAREFUL ABOUT CONSTITUTIONAL THINGS FOR CERTAIN SET-ASIDES FOR MINORITY BUSINESSES OR WOMEN-OWNED BUSINESS AND SMALLER OWNED BUSINESSES. IS THAT SOMETHING WE COULD CONSIDER OVER THE NEXT SEVERAL WEEKS? >>COUN. BORREGO: MR. MELENDREZ. >> THOSE ARE REALLY INTERESTING QUESTIONS. THE POINTS YOU MAKE ABOUT CONSTITUTIONAL ISSUES AND LIKEWISE ARE WELL-TAKEN. AND I'LL ANSWER THAT GIVEN MORE TIME. >>COUN. BORREGO: I APPRECIATE YOU ALL ARE LOOKING AT ANOTHER DATE. I THINK ALL COUNCILORS WANT TO BE A PART OF THIS. I AGREE THAT WE NEED SOME MORE TIME. I'M GOING TO TELL YOU, I TALKED TO SOME CHURCH LEADERS TODAY AND THEY DIDN'T KNOW THAT THESE ITEMS WERE BEING DISCUSSED. SO, I WONDER ABOUT APS, WE'RE TALKING ABOUT SCHOOLS AND SEPARATIONS AND THOSE SORTS OF ISSUES THAT ALL OF US ARE -- THEY'RE IMPORTANT TO ALL OF US. I WAS TRYING TO LOOK AT THE JUNE 21st AGENDA TO SEE WHAT THAT WAS GOING TO LOOK LIKE. I DON'T WANT TO OVERBURDEN US EITHER. THESE ITEMS ARE -- THEY DESERVE TIME AND THEY DESERVE -- BUT WHEN I HEAR WHAT COUNCILOR SENA IS SAYING ABOUT WHEN THE COMMITTEE IS MEETING, THAT'S THE 29th. ARE WE MAKING DECISIONS -- I DON'T WANT US TO MAKE DECISIONS HASTILY WITHOUT COMPLETE INFORMATION. BECAUSE THIS IS REALLY IMPORTANT. AS COUNCILOR DAVIS MENTIONED, THIS IS GOING TO SHAPE ECONOMICS, IT'S GOING TO SHAPE IMPACTS ON COMMUNITIES OF COLOR AS WE HEARD EARLIER TODAY IN THE DISCUSSION. PEOPLE WHO HAVE DEALT WITH THESE ISSUES ALREADY IN THEIR COMMUNITIES. I'M TEMPTED TO SAY THAT WE SHOULD HEAR THIS AT OUR NEXT MEETING OF JUNE 21st. IF WE NEED TO HAVE A SPECIAL MEETING, I PREFER IT TO BE SOMEWHERE THEY'RE ABOUT THAT TIME. I'D LIKE TO MAKE A MOTION THAT WE DEFER IT FOR TWO WEEKS TO THE 21st. I SEE THAT WE HAVE SOME OTHER COUNCILORS THAT HAVE SOME COMMENTS. COUNCILOR SENA, COUNCILOR BENTON, COUNCILOR DAVIS. >>COUN. JONES: IF THEY DON'T WANT TO COMMENT, I WOULD LIKE TO. >>COUN. BORREGO: THEY HAVE THEIR HANDS UP IN THE CHAT. >>COUN. JONES: OKAY. >>COUN. BORREGO: COUNCILOR SENA, COUNCILOR BENTON, AND COUNCILOR DAVIS. >>COUN. SENA: COUNCILOR DAVIS AND COUNCILOR BENTON WERE BEFORE ME. I'LL DEFER TO THEM FIRST. >>COUN. BENTON: I HAVE A QUESTION, MADAM PRESIDENT. LIKE I ASKED, I HEARD ABOUT A CONCEPT THAT WE COULD HAVE A MEETING PRIOR TO THE 21st WHICH I THOUGHT MADE SENSE BECAUSE I THINK THE PUBLIC'S ASKING FOR MORE HEARINGS AND MORE OPPORTUNITIES TO HEAR US DELIBERATE. I THINK THOSE ARE POINTS WELL-TAKEN. AT THE SAME TIME WE'RE UP AGAINST THE DEADLINE. COUNCILOR DAVIS KNOWS MORE ABOUT EXACTLY WHAT THE CONSEQUENCES OF THAT WOULD BE WERE WE NOT TO PASS IT ON THE 21st AND GO INTO A JULY RECESS. I LIKE THE IDEA OF AN INTERIM SPECIAL MEETING WHERE ONLY TACKLE THIS ZONING CODE. THAT STILL LEAVES THE 21st IF THERE'S ISSUES WHERE WE CAN TAKE CARE OF THIS BEFORE THE JULY BREAK. MY SENSE IS THAT IS PARAMOUNT. I WANT TO ASK A QUESTION OF STAFF WHAT IS THE RULE ON THAT FOR CALLING A SPECIAL MEETING? >> MADAM PRESIDENT, COUNCILOR BENTON, THE CITY COUNCIL CAN HAVE A SPECIAL MEETING IN TWO DIFFERENT WAYS. THE FIRST IS THE PRESIDENT CAN CALL A SPECIAL MEETING OR THREE MEMBERS OF THE COUNCIL CAN CALL THE SPECIAL MEETING. >>COUN. BENTON: OKAY. THANK YOU. I THINK IT'S A GOOD IDEA. WE CAN REALLY FOCUS. WE'VE HAD A LOT ON THE AGENDA TONIGHT. WE WILL HAVE A LOT ON THE AGENDA GOING INTO THE JULY BREAK. I JUST THINK THERE'S A LOT TO BE SAID FOR TACKLING AS MUCH OR ALL OF IT THAT WE CAN ON AN INTERIM SPECIAL MEETING. >>COUN. BORREGO: COUNCILOR DAVIS AND COUNCILOR SENA. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. NOT TO PROLONG, I THINK COUNCILOR BENTON MADE MY POINT. I AGREE WITH HIM. GIVEN HOW MUCH WE HAVE TO TALK ABOUT THIS AND THE OPPORTUNITY TO ANSWER QUESTIONS WE SHOULD HAVE EXTRA TIME TO TALK ON IT. I WAS HOPING THE PRESIDENT WOULD AMEND HER MOTION TO DEFER THIS TO A SPECIAL MEETING ON THE 17th TO HAVE FURTHER DISCUSSION AND UNDERSTAND HOW THE STATE'S REGULATION ACTS WITH MUNICIPALITIES. WE HAVEN'T HAD THAT DISCUSSION. I'M CERTAIN A SENATOR WILL COME BACK AND HELP US WORK THROUGH THAT IN THE MEANTIME. I AGREE WITH COUNCILOR BENTON, OTHERWISE WE'RE SETTING UP OURSELVES FOR A 1 A.M. MEETING ON THE 21st. WE DON'T WANT TO DO THAT IN THE SPIRIT OF GETTING THE IDO. I AGREE TO BE THE THIRD COUNCILOR TO MAKE THIS SPECIAL MEETING. I HOPE THE PRESIDENT WOULD MAKE THE SPECIAL MOTION. I THINK WE CAN AGREE ON A DATE. I WANT TO HEAR FROM SOME OF THE OTHER COUNCILORS. COUNCILOR SENA, AND COUNCILOR HARRIS. >>COUN. SENA: YOU KNOW, I THINK US JUST AGREEING ON THE DATE. I THINK THAT I'M TRYING TO GET A LITTLE BIT OF TIME. WHETHER IT'S TWO WEEKENDS OR NOT. IT'S UP TO US TO DISCUSS, AT THIS POINT. I THINK THAT ONE OF THE REASONS WHY I DON'T KNOW IF THE 21st AGENDA -- I KNOW WE HAVE DEFERRED ITEMS TODAY TO THAT POINT. THAT'S FINE TO HAVE A SPECIAL COUNCIL MEETING FOR THAT REASON. WE CAN ALWAYS DO THE SPECIAL COUNCIL MEETING TO GET IT DONE. I AGREE THAT'S REQUIRED. AGAIN, IT'S NOT OFTEN THAT WE DO REGULATE CANNABIS. I THINK FOR ME IT'S JUST TRYING TO DEFER TO THE COMMUNITY AND ASKING THEM HOW LONG WILL THIS TAKE TO SET THIS UP. CAN WE GUARANTEE WE'RE GOING TO HAVE COMMUNITY MEETINGS BETWEEN NOW AND THE 17th TO ENSURE WE'RE GETTING FAIR INPUT. I THINK IT'S JUST MY CONCERN. I THINK THAT'S WHERE I LEAVE THIS. I'M WILL TO HEAR OTHER COUNCILORS TO MAKE THAT MINUTE THAT WE CAN ENSURE COMMUNITY INPUT BETWEEN NOW AND THE 17th. >>COUN. BORREGO: COUNCILOR HARRIS. >>COUN. HARRIS: THANKS, MADAM PRESIDENT. I DON'T THINK 10 DAYS IS ENOUGH TIME TO GET THINGS DONE ON SO LARGE AND COMPLEX. WE SHOULD NOT BE PUSHED JUST BECAUSE THAT'S THE EARLIEST POSSIBLE DATE THE STATE COULD DO SOMETHING WE SHOULD MAKE WE GET IT DONE BY THE EARLIEST POSSIBLE DATE. NOTHING WRONG WITH LETTING IT REST THROUGH THE JULY RECESS AND COMING BACK IN AUGUST SO LET'S ALL PAUSE AND GET COMMUNITY INPUT. LET'S CONSIDER THESE CONSTITUTIONAL ISSUES THAT I SPRUNG TONIGHT. I WOULD CERTAINLY ATTEND THE SPECIAL MEETING. I ALSO LIKE THAT ANY OTHER, IN TERMS OF MORATORIUM, THAT WOULD BE ALLOWED IN THAT SPECIAL MEETING. I THINK WE DECIDE WHAT'S ON THE SPECIAL MEETING TONIGHT. I DON'T THINK ANYTHING ELSE CAN BE ADDED TO IT. >>COUN. BORREGO: COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. MAY I ASK MS. MORRIS A COUPLE QUESTIONS? >>COUN. BORREGO: YES. >>COUN. JONES: I THINK WE'RE TALKING ABOUT CANNABIS, BUT THIS IS AN UPDATE TO THE IDO. IS THAT CORRECT? THIS IS A DEVELOPMENT PIECE HERE. AND CANNABIS JUST HAPPENS TO FIT INTO IT. >> MADAM PRESIDENT, COUNCILOR JONES YES. THIS IS THE SECOND IDO UPDATE. THIS IS ONE OF MANY TOPICS IN THE IDO UPDATES. THERE'S A WIDE RANGE THAT THE EPC HAS ALREADY MADE RECOMMENDATIONS ON. IT RANGES ON IMPROVEMENTS AND CLARIFICATIONS TO THE LANGUAGE AND HOW TO ENFORCE THE CAUSE OF NEW PROTECTIONS ALL THE WAY THROUGH TO TIDY UP LANGUAGE ON A VARIETY OF DIFFERENT ITEMS AND THE CANNABIS. THERE'S A LOT OF STUFF IN THE IDO. IT'S NOT JUST CANNABIS. >>COUN. JONES: IF I MAY, MADAM PRESIDENT, ANOTHER QUESTION? >>COUN. BORREGO: GO AHEAD, COUNCILOR. >>COUN. JONES: MS. MORRIS, IS THERE A LIMITED NUMBER OR WHEN DO WE HAVE TO DO ALL OF THIS? WHAT ARE THE REQUIREMENTS ON IT PER THE IDO LEGISLATION? >> MADAM PRESIDENT, COUNCILOR JONES, THE IDO REQUIRES THAT WE SUBMIT AN ANNUAL UPDATE EVERY YEAR. PER THE IDO, THAT APPLICATION GOES IN IN OCTOBER OF EACH YEAR. WHILE AN ANNUAL UPDATE CAN TAKE AS LONG AS IT WANTS TO FROM PRACTICAL STANDPOINT, WE HAVE BEEN HOPING TO GET THE IDO UPDATE COMPLETED PRIOR TO THE JULY RECESS. THERE'S A FAIR AMOUNT OF WORK THAT GOES INTO PUBLISHING THE IDO AND THERE'S A FAIR AMOUNT OF OUTREACH THE PLANNING DEPARTMENT DOES WITH THEIR STAFF SUBSEQUENT TO THE IDO BEING PUBLISHED. IT WOULD BE NICE FOR THE PLANNING DEPARTMENT TO HAVE ENOUGH TIME TO BE ABLE TO CATCH THEIR BREATH BETWEEN ONE UPIDATE GOING INTO EFFECT AND THE NEXT UPDATE BEGINNING. FOR THAT REASON, AS WELL AS PEOPLE HAVING THE PROTECTIONS COMING INTO PLACE, HOPING THAT UNCLEAR LANGUAGE GETS CLARIFIED, ALL OF THE ABOVE, THE IDO GETS UPDATE ADOPTED IN A TIMELY MANNER. >>COUN. BORREGO: THANK YOU, MS. MORRIS. COUNCILOR PEÑA, AND COUNCILOR JONES. >>COUN. PEÑA: SORRY. THANK YOU, MADAM PRESIDENT. I HAD A QUESTION FOR THE CITY ATTORNEY. I WANTED TO ASK, NOT IN REFERENCE TO THE CANNABIS AMENDMENT, AT WHAT POINT DOES WITH THE IDO ARE AMENDMENTS NOT AMENDMENTS ANYMORE AND IT'S JUST REALLY THE WHOLE CHANGE TO A DOCUMENT? I KNOW WE'VE HAD THIS DISCUSSION ON OTHERS WITH HOW IT CHANGES A BILL SO MUCH SO THAT THEY'RE NOT AMENDMENTS. DOES SOMEONE HAVE AN ANSWER TO THAT? >> MADAM PRESIDENT, COUNCILOR PEÑA, YOU'RE REFERRING TO RULE IN THE COUNCIL RULES AND PROCEDURES THAT DISCUSS THE SCOPE OF AN AMENDMENT. THERE IS ONE THAT SAYS THAT YOU CAN'T CHANGE A BILL SO SIGNIFICANTLY IN THE PROCESS THAT IT BECOME ANOTHER BILL IN ITS ENTIRETY. YOU WON'T BE ABLE TO INTRODUCE A BILL TO DO X AND LATER AMEND IT SO IT DOES Y. THE IDO IS A BROAD DOCUMENT AND THE ENTIRE IDO IS ON THE TABLE AS PART OF THE IDO UPDATE. AND IT PRESENTLY HAS CANNABIS REGULATIONS AND REGULATIONS AND PROVISIONS RELATING TO ALL OF THE MATTERS UP FOR AMENDMENT IN THIS WHOLE PACKAGE OF POTENTIAL AMENDMENTS YOU'RE GOING TO BE CONSIDERING. BECAUSE IT IS SO BROAD, AND BECAUSE IT TOUCHES ON THESE ISSUES, THEY WOULD ALL SEEM TO BE WITHIN THE SCOPE OF WHAT CAN BE ACTED UPON ON THIS BILL SINCE IT'S NOT A LIMITED SCOPE BILL IT'S AN AMENDMENT TO THE IDO GENERALLY AS OPPOSED TO THE ZONING CODE. PERHAPS THERE'S AN AMENDMENT THAT DEALT ONLY WITH PARKING. IF THAT BILL CHANGES IN THE PROCESS AND IT DEALS WITH OPEN SPACE AND NO LONGER PARKING, THAT WOULD BE A PROBLEM. GIVEN THIS IS AN IDO, THE PROCESS IS NOTHING IS OFF THE TABLE WITHIN THE SCOPE OF THE IDO. >>COUN. PEÑA: MADAM PRESIDENT, WOULDN'T ADDING A WHOLE NEW CANNABIS REGULATION BE SIGNIFICANT TO OUR ZONING CODE? >> COUNCILOR PEÑA, I UNDERSTAND THAT LINE OF REASONING, I THINK THERE'S TWO THINGS THAT ARE IMPORTANT. THE FIRST IS THE IDO DEALS WITH LAND USE. ANY TYPE OF LAND USE REGULATION IS ON THE TABLE. EVEN MORE NARROWLY THAN THAT, THE IDO DOES DEAL WITH CANNABIS BUSINESSES. THE QUESTION IS HOW TO UPDATE THE IDO RELATED TO HOW IT TREATS THE CANNABIS BUSINESSES. IT SEEMS TO BE WITHIN IT SCOPE OF WHAT'S ON THE TABLE WITHIN THE IDO CURRENTLY. >>COUN. PEÑA: THANK YOU. >>COUN. BORREGO: COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. I THINK THAT -- I BELIEVE IT'S IMPORTANT THAT WE HEAR THIS MORE THAN ONCE BECAUSE ONCE WE GET INTO IT THERE WILL PROBABLY BE MORE. I WOULD LIKE TO MAKE A MOTION THAT WE HAVE A SPECIAL MEETING. I KNOW THE DATE IS AVAILABLE. ON THE 17th, AND WITHIN THE AMENDMENT TO HAVE PUBLIC COMMENT OR HOWEVER WE WANT TO DO THIS. A SPECIAL MEETING ON THE 17th AT 3 O'CLOCK AND IF NECESSARY, WE CAN HAVE ANOTHER REGULARLY SCHEDULED COUNCIL MEETING THE NEXT WEEK TO GET IT DONE BEFORE THE BREAK SO WE MEET OUR REQUIREMENTS OF UPDATING TO DOING WHAT WE ARE SUPPOSED TO DO. THIS WILL GIVE PEOPLE PLENTY OF OPPORTUNITY. >>COUN. BORREGO: I ALREADY HAVE A MOTION ON THE FLOOR. I'M WILLING TO AMEND IT. ONE OF THE QUESTIONS -- WE'RE TRYING TO SEE IF WHAT OTHER DATES MIGHT BE AVAILABLE WITH GOVTV. IF YOU WILL JUST GIVE US A MINUTE. WE'RE TRYING TO SEE IF THERE'S SOME POSSIBLE OTHER OPPORTUNITIES. >>COUN. JONES: IF I MAY, WE DID CHECK ON THIS AND THE 17th IS AVAILABLE. >>COUN. BORREGO: THE 17th IS AVAILABLE. WHAT I'M UNDERSTANDING, I WANT COUNCILORS TO HEAR WHAT I'M HEARING FROM THE STAFF. THE 21st IS A PRETTY BIG AGENDA ALREADY BECAUSE WE GO INTO A BREAK IN JULY. IF WE HAVE A MEETING ON THE 17th AND WE STILL HAVE TO MOVE INTO THE 21st, DOES THAT GIVE US ENOUGH TIME TO NOTIFY CHURCHES IN THE CITY OF ALBUQUERQUE, TO NOTIFY THE SCHOOLS? THERE ARE AMENDMENTS THAT AFFECT ALL OF THOSE. OUR STAFF IS GOING TO HAVE TO WORK A LITTLE OVERTIME TO GET THAT. THAT'S ONLY TEN DAYS TO THE 17th. I'M HEARING FROM SOME COUNCILORS THAT IS NOT ENOUGH TIME. WE ARE UP AGAINST SOME DEADLINES. I'M WILLING TO AMEND MY MOTION TO DO THE 17th. IF WE ARE NOT DONE ON THAT DAY, WE ARE GOING TO MOVE IT INTO THE 21st AND THAT MEANS WE'RE GOING TO HAVE A PRETTY BIG AGENDA ON THE 21st. YOU KNOW, UNFORTUNATELY, I TRIED THE 23rd AND THE 24th AND NEITHER ARE AVAILABLE WITH GOVTV BECAUSE THERE'S A WATER UTILITY AND ABCGC ON THOSE DATES. WE COULD START IT ON THE 21st AND HAVE A SECOND SPECIAL MEETING AT THE END OF JUNE, WHICH WOULD BE LIKE THE 25th OR 26th. WE'D HAVE TO CHECK. IF YOU GIVE US A MINUTE WE CAN CHECK AND SEE. WE CAN START IT ON THE 17th AND MAYBE HAVE A SECOND MEETING ON THE 26th OR SOMETHING LIKE THAT. 25th. IF YOU GIVE US A MINUTE, WE'LL CHECK TO SEE THAT WE'RE -- GOVTV IS EVEN AVAILABLE. THE 17th IS OUR -- WE MAY HAVE TO GO BACK TO THAT. I'M LETTING YOU KNOW THAT IF WE NEED A SECOND HEARING, THE 21st IS ALREADY WELL BOOKED. WE'RE TALKING ABOUT BEING HERE UNTIL MIDNIGHT. >> >>COUN. BASSAN: MADAM PRESIDENT, IF I MAY. THANK YOU, MADAM PRESIDENT. IF I CAN HAVE CLARIFICATION. IS THERE A MOTION ON THE FLOOR BY COUNCILOR JONES TO VOTE FOR A SPECIAL MEETING ON THE 17th? >>COUN. BORREGO: THERE'S A MOTION ON THE FLOOR TO DEFER THIS UNTIL THE 21st. THAT WAS THE FIRST MOTION THAT WAS MADE. >>COUN. BASSAN: IF I MAY CALL POINT OF ORDER ON THAT, CAN WE VOTE ON THAT AND DECIDE? OR IS SOMEBODY ELSE GOING TO MAKE A MOTION FOR THE 17th? >>COUN. BORREGO: I'D LIKE TO WAIT TO KNOW IF WE CAN HAVE A SECOND MEETING. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. >>COUN. BORREGO: WE MAY GO TO THE 17th AND AN ALTERNATIVE DATE. >>COUN. BASSAN: I'M WONDERING. >>COUN. BORREGO: I WANT TO CLARIFY MY MOTION. WE JUST GOT CONFIRMATION. I'D LIKE TO MAKE MY MOTION WE DEFER THIS UNTIL THE 21st AND THERE'S AN ALTERNATE DATE FOR JUNE 25th. DO I HAVE A SECOND? THERE'S A SECOND FROM COUNCILOR SENA. CALLING BACK TO COUNCILOR BASSAN'S POINT OF ORDER. COUNCILOR GIBSON. >>COUN. GIBSON: I'M A LITTLE CONFUSED. I THOUGHT YOU WERE GOING TO AMEND YOUR MOTION -- >>COUN. BORREGO: MY ORIGINAL MOTION WAS THE 21st BUT I CAN AMEND IT TO THE 17th AND TO THE 25th. I'M WILLING TO WORK ON THIS. >>COUN. GIBSON: IF I MAY, LET ME JUST MAKE A COUPLE OF COMMENTS. I THINK OUR GOAL HAS BEEN, WHAT I'M HEARING SO FAR FROM A FEW COUNCILORS, I'M START TO SHARE THAT MYSELF, IS TO KEEP THIS AWAY FROM OUR REGULAR COUNCIL MEETING ON THE 21st SO WE DON'T END UP HAVING TO GO UNTIL MIDNIGHT. BUT WE CAN DEVOTE ALL OUR ATTENTION AND TIME TO THE SPECIAL MEETING. IF THERE'S SOMETHING THAT NEEDS TO CARRY OVER, WE CAN DEAL WITH IT ON THE 21st OR AFTER THAT. >>COUN. BORREGO: THE REASON I SAID THE 21st ORIGINALLY BECAUSE THERE WAS NOT COUNCILORS SUPPORTIVE OF THE 17th. COUNCILOR HARRIS AND COUNCILOR SENA THOUGHT THAT WAS TOO SOON. I'M WILLING TO OPEN THE FLOOR. NOT THE FLOOR, BUT THE THOUGHT PROCESS IS THAT WE DO THE 17th AND IF THAT'S NOT SUFFICIENT, THEN WE GO TO THE 25th. >>COUN. GIBSON: IF I MAY, PLEASE. JUST TO FINISH UP MY THOUGHT, I UNDERSTAND AND I HEAR IT REAL CLEARLY THAT WE WANT TO MAKE SOME NOTIFICATIONS. I HAVE A VERY LONG DISTRIBUTION LIST. I'M SURE THAT EACH COUNCIL DISTRICT DOES THAT AS WELL. MOST OF MINE ARE WITHIN DISTRICT, BUT NOT ALL. I'M WILLING -- IT'S A SMALL THING TO DO. I'M WILLING TO CONTACT EVERYBODY ON MY LIST WHICH INCLUDES A LOT OF CLERGY AND TEACHERS AND BOARD MEMBERS FOR APS. I THINK IF WE ALL DID THAT WE PROBABLY GET PRETTY GOOD COVERAGE JUST IN DOING THAT. OF COURSE, WE COULD ALSO DO OTHER THINGS AS WELL TO HELP GET NOTIFICATIONS OUT. AND WE HAVE HAD -- IT'S BEEN IN THE NEWS, SO I DON'T THINK WE'RE STARTING FROM SCRATCH. I APPRECIATE AND I AGREE THAT WE WOULD WANT TO ADVERTISE THIS TO THE BEST AND FULLEST WAY WE CAN. THAT'S ALL I HAVE TO SAY. THANK YOU. >>COUN. BORREGO: COUNCILOR SENA, YOU HAVE COMMENT AND COUNCILOR HARRIS YOU WERE CONCERNED ABOUT THE 17th. I'D LIKE TO HEAR FROM YOU. >>COUN. SENA: AGAIN, I KNOW WE HAVE SOME OF OUR PEOPLE THAT PROVIDE PUBLIC COMMENT THAT DID HAVE SOME OF THE CONCERNS. ONE OF THE REASONS I WAS HOPING AT LEAST UNTIL THE 25th, OR HAVE IT ON THE 17th AND FOLLOW UP ON THE 25th. WE'RE HAVING JUNETEENTH CELEBRATIONS, IT'S A GREAT OPPORTUNITY TO REACH OUT TO THOSE COMMUNITIES. IT ALSO IMPACTED THEIR OWN FAMILIES IN A VERY PERSONAL WAY. SOME OF THESE PEOPLE ARE AWAITING EXPUNGEMENT. I WANT TO MAKE THE EFFORT FOR THESE COMMUNITIES. I GUESS THAT THE IDO IS FOCUSING MORE ON BUSINESS, BUT WHAT IF IT'S NOT FOR THESE COMMUNITIES THAT CREATED THIS INDUSTRY. I'M SHARING THAT SENTIMENT. I KNOW I'M BELABORING THIS POINT. I FEEL IT'S VERY IMPORTANT BECAUSE IF IT WASN'T FOR THESE COMMUNITIES WE WOULDN'T HAVE THIS INDUSTRY. I THINK IT'S A GREAT TO TO APPRECIATE YOUR COUNCIL PRESIDENT WHO IS REALLY TRYING TO APPEASE US FOR THE DATE THAT WORKS BEST FOR US. I KNOW THE JULY RECESS IS AROUND THE CORNER AND WE CAN CERTAINLY CALL OUR SPECIAL MEETING IF WE CAN'T GET THIS DONE INTO JULY, AS MUCH AS I HATE TO SAY THAT. I'M CERTAINLY NOT GOING ANYWHERE. THAT'S JUST SOMETHING TO CONSIDER. I THINK IT'S A SET DATE. I UNDERSTAND PLANNING IS CONCERNED. AGAIN, IF WE HAVE NOT REGULATED CANNABIS EVERY TWO MONTHS. WE'RE DOING THIS IN A VERY LONG PROCESS AND IF WE FOCUS ON THIS AND TAKE THAT TIME, I THINK WE CAN GET IT RIGHT SO THAT WE HAVE ENOUGH INPUT FROM COMMUNITIES. THANK YOU, MADAM PRESIDENT. >>COUN. BORREGO: SO, COUNCILOR JONES. >>COUN. JONES: YES, THANK YOU, MADAM PRESIDENT. I APPRECIATE WHAT YOU'RE SAYING, COUNCILOR SENA. MY GREATEST CONCERN IS WE DON'T GET THIS DONE AND WE END UP RUNNING INTO JULY BECAUSE THAT WILL NOT HELP ANYONE BECAUSE IT'S NOT JUST CANNABIS. THIS IS AN UPDATED IDO WHICH WE HAVE A RESPONSIBILITY TO DO FOR OUR LEGISLATION. IT SEEMS TO ME THAT WE -- BECAUSE WE'LL HAVE AT LEAST TWO MORE AND POSSIBLY THREE, LET'S NOT GET OURSELVES BACK INTO A CORNER WHERE WE HAVE TO DO THREE WITHIN A WEEK TO TEN DAYS. I WOULD HOPE THAT MADAM PRESIDENT, WE CAN TAKE A VOTE ON YOUR MOTION OR YOU WOULD WITH DRAW AND WE CAN ASK THAT WE HAVE THE FIRST MEETING ON THE 17th AND THE NEXT MEETING ON THE 21st, IF WE MUST GO TO A THIRD WE CAN DO IT ON THE 25th AND HAVE THIS COMPLETED PRIOR TO THE JULY BREAK. >>COUN. BORREGO: COUNCILOR, LEGAL SAID WE CAN'T SCHEDULE A SECOND MEETING. WE CAN DEFER IT AT THAT TIME. WE CAN'T ANNOUNCE IT. THE MOTION WOULD HAVE TO STAY TO OCCUR ON THE 17th. WE HAVE TO VOTE THAT UP OR DOWN AND ON THE 17th ANNOUNCE THAT ON THE NEXT DAY. >>COUN. JONES: WOULD YOU CLARIFY THAT? YOU'RE SAYING AMENDING YOUR MOTION TO HAVE THE FIRST HEARING ON THE 17th? >>COUN. BORREGO: YES. >>COUN. JONES: THANK YOU. I WOULD SECOND THAT. >>COUN. BORREGO: IF WE NEED A SUBSEQUENT MEETING AT THE TIME, WE WOULD HAVE TO PICK THAT DATE, AT THE TIME. >> MADAM PRESIDENT. I THINK YOU CAN TALK ABOUT THE 25th SINCE TODAY. I THINK I WAS WORRIED WE WERE GOING TO DEFER UNTIL THE 17th AND SINCE NOW WE'RE GOING TO DEFER UNTIL THE 25th. AT THE 17th YOU HAVE DISCRETION TO DEFER TO THE 21st OR 25th. WE'VE VERIFIED THAT IT'S AVAILABLE. WE CAN HOLD THAT SPOT. TODAY YOU LOOK FOR A SING MOTION TO A SINGLE SET DATE TO THE 17th. BEFORE WE VOTE ON THIS, COUNCILOR HARRIS HAD HIS HAND UP. >>COUN. HARRIS: I WOULD LIKE TO DO THE 25th, NOT THE 17th. I DON'T THINK TEN DAYS IS LONG ENOUGH. IDO, THE FIRST UPDATE, HOW LONG DID THAT TAKE? >> MADAM CHAIR, THE FIRST ANNUAL UPDATE TOOK ABOUT FIVE MONTHS. IT HAD TWO COUNCIL MEETING. >>COUN. HARRIS: WHAT WAS THE CALENDAR PERIOD? DID WE GET IT DONE WITHIN A YEAR? >> THERE WAS OUTSTANDING CIRCUMSTANCES WHERE IT GOT TIED UP WITH COVID. IT WAS AN UNUSUAL YEAR. BECAUSE THE ANNUAL UPDATE TOOK SO LONG THIS UPDATE IS LATE STARTING. WE'RE HOPING TO NOT REPEAT THAT EXPERIENCE. >>COUN. HARRIS: WE ALSO HAVE AN UNUSUAL THING OF CANNABIS. I'M NOT TOO WORRIED ABOUT THE IDO, I'M MORE WORRIED ABOUT GETTING THIS AS COUNCILOR SENA SAID, ONCE IN A GENERATION ISSUE. I'M GOING TO VOTE AGAINST A DEFERRAL FOR THE 17th. THAT'S JUST MY TWO CENTS. >>COUN. GIBSON: MADAM PRESIDENT. >>COUN. BORREGO: COUNCILOR GIBSON. >>COUN. GIBSON: I CAN'T BE HERE ON THE 25th. I HAVE NEVER MISSED A COUNCIL MEETING. I DON'T WANT TO MISS THIS ONE. I REALLY CANNOT MAKE THE 25th. MORE OF A REASON FOR ME TO DO A LITTLE BIT EARLIER. THE 17th IS A GOOD PLACE TO START. LET'S GET WORKING ON IT. SEE WHAT WE CAN'T GET DONE. >>COUN. BORREGO: COUNCILOR, I HATE TO SAY THIS, IF WE MEET ON THE 17th WE MAY MEET ON THE 25th. REGARDLESS, WE'LL PROBABLY MEET ON THE 25th. >>COUN. GIBSON: I'M LOOKING AT THIS AS ONE THING AT A TIME. >>COUN. BORREGO: LET'S GO AHEAD AND TAKE THE VOTE ON THIS. MS. ORTEGA. >>COUN. DAVIS: THIS MOTION IS DEFERRAL TO THE 17th. WE'RE NOW ON THE DEFERRAL UNTIL THE 17th FOR THE IDO. >> DEFERRAL UNTIL JUNE 17th. >>COUN. BASSAN: WILL YOU PLEASE REPEAT THAT? >> THE MOTION ON THE FLOOR IS FOR DEFERRAL TO THE JUNE 17th SPECIAL COUNCIL MEETING. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. HARRIS: NO. >>COUN. JONES: YES. >>COUN. PEÑA: NO. >>COUN. SENA: NO. >>COUN. BORREGO: NO. WE'LL BE MEETING ON JUNE 17th. WITH NO FURTHER BUSINESS TO COME BEFORE THE CITY COUNCIL, WE ARE ADJOURNED.