GOV-TV. >> I HAVE MY GIANT FLAG RIGHT HERE. >> WOW. >> IT LIGHTS IPRA. >> Coun. Davis: CAN WE USE THAT FOR THE PLEDGE. >> WE COULD IF YOU WANT TO. >> I DON'T SEE IT. >> DAY OF WE ARE LIVE NOW AND WE'LL LET YOU WORK THAT OUT. IF THAT IS OKAY? >> DAY >> Coun. Davis: ALL RIGHT. WELCOME TO EVERYONE. GOOD EVENING AND WELCOME TO THE 15TH MEETING OF THE 24TH CITY COUNCIL FOR THE CITY. THIS MEETING HALL COME TO ORDER. ALL COUNCILORS ARE PRESENT OR WILL BE SHORTLY VIA ZOOM. AS WE DO WITH EVERY MEETING WE BEGIN WITH A MOMENT OF SILENCE FOLLOWED BY THE PLEDGE OF ALLEGIANCE IN ENGLISH AND I'LL ASK COUNCILOR BENTON, WOULD YOU LEAD US IN THE PLEDGE IN SPANISH TONIGHT. EVERYONE JOINS IN A MOMENT OF SILENCE AND THEN WE'LL PROCEED TO OUR PLEDGE. (MOMENT OF SILENCE) >> Coun. Davis: THANK YOU. FOR THOSE FOLLOWING ALONG YOU CAN SEE THAT HEAR ON OUR SHARED SCREEN. COUNCILOR BORREGO HAS A FLAG SHE IS SHARING. (PLEDGE OF ALLEGIANCE IN ENGLISH) (PLEDGE OF ALLEGIANCE IN SPANISH) >> HOUSE KEEPING NOTES. THANK YOU FOR SHARING THAT. A FEW HOUSE KEEPING NOTES. AS WAS NOTED IN PRESS RELEASE POSTED ON THE WEBSITE AND IN OUR AGENDA, THIS MEETING HAS SPECIAL PROCEDURES GIVEN THE GOVERNOR'S DECLARATION OF A PUBLIC HEALTH EMERGENCY THAT CONTINUES TO HAVE A BAN ON GEORGIA THEIRS OF MORE THAN FIVE PEOPLE. HENCE THIS IS ZOOM VIDEO. MEMBERS OF THE PUBLIC, OUR CITY STAFF AND MEDIA ALL HAVE THE ABILITY TO VIEW THE MEETING LIVE THREE DIFFERENT FLAT FORMS. GOV-TV, GOV TV WEBSITE AND YOUTUBE. THEY CAN BE ACCESSED WITH ANY SMARTPHONE OUR COMPUTER. AS A REMINDER, IF YOU'RE WATCHING ONE OF THOSE AND YOU FEEL LIKE YOU LOST A CONNECTION, FOLLOW US ON TWITTER WHERE WE POST LIVE UPDATES INCLUDING IF WE SAY YOU LOSE YOU ON YOUTUBE WHERE YOU CAN CONTINUE TO JOIN US ON LINE. WE KEEP WORKING AS LONG AS PEOPLE ARE ABLE TO FOLLOW. VIDEO RECORDING AND ALL PAST CITY COUNCIL MEETINGS WILL REMAIN AVAILABLE FOR VIEWING AT ANY TIME ON THE WEBSITE. OUR STAFF IS AMAZING AND THEY ARE AVAILABLE VIA TELEPHONE IF YOU NEED ASSISTANCE TO FIND THIS MEETING OR OTHERS. CALL US AT 7683100 FOR ASSISTANCE. COUNCIL IS ACCEPTING LIVE GENERAL PUBLIC COMMENTS FOR THE FIRST TIME I THINK IN ABOUT FIVE MONTHS. WE ARE GOING TO TRY THIS FOR THE FIRST TIME AND WE HOW WELL WE MANAGE OURSELVES IN THAT PROCESS. WE ALWAYS ACCEPT WRITTEN COMMENTS. RECEIVED BY 1:00 WERE DISTRIBUTED TO COUNCILORS IN ADVANCE OF THE MEETING. YOU CAN SEND THEM BY SNAIL MAIL WHICH WE RECEIVED SOME TODAY AND THOSE WERE SHARED AS WELL. >> AS WE USUALLY DO WE START WITH PROCLAMATIONS AND PRESENTATIONS. I DON'T SEE COUNCILLOR PENA YET. SO, WE ARE GOING TO START, COUNCILLOR GIBSON, ARE YOU PREPARED FOR THAT PROCLAMATION OR SHOULD WE WAIT AND DID THAT AFTER THE PRESENTATION? >> Coun. Gibson: THANK YOU. WOULD YOU MIND JUST GOING AHEAD AND GOING TO THE PRESENTATION AND WE'LL COME BACK TO THIS. >> Coun. Davis: THAT WOULD BE GREAT. HEADS UP TO ADMINISTRATION WE ARE GOING TO CHANGE THE SCRIPT AROUND ON EVERYBODY. FIRST UP DIRECTOR FROM ENVIRONMENTAL HEALTH FOR A BRIEF PRESENTATION ABOUT THE PROGRESS ON CLIMATE CHANGE INITIATIVE. I SEE YOU IN BUDGET CONFERENCE ROOM. >> CAN YOU HEAR ME? >> Coun. Davis: THE FLOOR IS YOURS. >> THANK YOU, APPRECIATE 80 THE OPPORTUNITY THIS AFTERNOON TO PROVIDE A QUICK UPDATE WHERE WE ARE AT ON THE UPDATE TO CLIMATE ACTION PLAN FOR THE CITY. I'LL KEEP IT BRIEF. WE THOUGHT IT WAS TIMELY AND IMPORTANT TO KEEP YOU INFORMED WHERE WE ARE AT ESPECIALLY BECAUSE WE ARE GOING THROUGH QUITE A SIGNIFICANT PUBLIC ENGAGEMENT PROCESS THAT IS GOING TO AFFECT ALL THE DIFFERENT RESIDENTS IN YOUR DISTRICTS, SO, WE STARTED THIS IS THE CITY'S ROAD MAP FOR REDUCTION GREEN HOUSE GASES OVERTIME. WE HAVE SIGNED ON AND OUR GOAL AS A CITY IS TO REDUCE EMISSIONS FROM THE 2005 LEVELS BY 2025. THAT IS WHERE THE PLANNING PROCESS WILL GO FROM. IF WE COULD GO BACK. WE ARE NOT READY TO ADVANCE YET. I JUST WANTED TO MENTION THAT ESPECIALLY FROM THE SUPPORT OF COUNCIL AND THE RESOLUTION THAT WAS PASSED LAST YEAR, DECLARING EMERGENCY FOR THE CITY WE WANT TO UTILIZE UPDATE TO CLIMATE ACTION PLAN TO ENGAGE WITH THE COMMUNITY THE WAY CLIMATE CHANGE IMPACTS THEM AND HOW WE COME TOGETHER TO ADDRESS THIS. THIS PLAN WILL BE NOT ONLY A FUNCTIONAL PLAN TO PUTTING US ON A MEANS OF REDUCING GREEN HOUSE GAS EMISSIONS BUT ALSO OVER THE NEXT SEVERAL MONTHS WE LOOK TO REALLY CREATE A WHOLE COMMUNITY DIALOGUE AROUND CLIMATE CHANGE, IMPACTS AND WHAT WE CAN DO TOGETHER. >> WHAT HAS CHANGED FROM 2009 TO 2021 IS THIS TIME AROUND WE REALLY HAVE A FOCUS ON EQUITY DRIVEN PROCESS. THAT MEANS THAT WE ARE GOING TO TRY TO USE A LOT OF ENGAGEMENT AROUND ENSURING WHAT WE ARE DOING MOVING FORWARD IN TERMS OF ADDRESSING CLIMATE IS RELEVANT AND ACCESSIBLE AND ACTIONABLE ACROSS DIFFERENT STAKEHOLDER GROUPS. IT ISN'T DRIVEN ONLY BY CITY GOVERNMENT BUT ALSO CAN BE ACCESSED BY BUSINESS COMMUNITY, BY NEIGHBORHOODS, BY INDIVIDUALS, BUSINESS SECTOR ACROSS THE BOARD. WE ALL HAVE A ROLE TO PLAY IN THIS AND WAYS IN WHICH THIS IS IMPACTING US AS A COMMUNITY. OF COURSE, THIS YEAR IT STARTED OFF A LITTLE BIT DIFFERENTLY. WE ANTICIPATED AND WE HAVE TO ENSURE ALL ACTIVITIES MOVING FORWARD ALIGN WITH THE PUBLIC HEALTH GUIDANCE. WE PHASED THAT IN TO THE WAY WE ENGAGE OVER THE COMING MONTHS AS WELL AS COLLECTING FEEDBACK FROM THEM. WE WANTED TO CONDENSE IT DOWN TO THEMES IN FIVE SECTIONS OUTLINED THERE. THE WAYS WE TALK ABOUT THIS MOVING FORWARD ARE ALL FALLING INTO THESE CATEGORIES. WITHIN THIS WE LOOK AT EQUITIES THAT EXIST AND WE NEED THE ADDRESS WITHIN THE COMMUNITY LOAFING FORWARD. WE HOPE TO PUT FORWARD,, COMMUNITY MOVING FORWARD. SO, THE TIME LINE THAT WE ARE GOING TO WORK ON IS THAT WE KICKED OFF PROCESS ON JULY 29 AND THAT REALLY STARTED WITH OUR CLIMATE SURVEY THAT IS NOW GOING OUT. OUR SUSTAINABILITY OFFICE SENT EMAILS TO YOUR OFFICES WITH DETAILS YOU CAN SHARE COMPLAINING HOW THEY CAN TAKE PART IN THAT SURVEY. WE ARE ACCEPTING TASKFORCE APPLICATIONS. WE'LL GO INTO WHAT THE TASKFORCE WILL DO. LATER ON THIS YEAR THE TASKFORCE COMES TOGETHER TO DRIVE AND REALLY CREATE THOSE DIFFERENT ACTIONS THAT WILL BE INCLUDED IN THIS YEAR'S PLAN. WE ARE ALSO GOING TO BE BASING A LOT OF THOSE DECISIONS ON THAT PUBLIC INPUT. NOT ONLY IS SURVEY MEANT TO PROVIDE INITIAL PRIORITIES FOR THE THAT ACTION PLAN OR TASKFORCE TO PUT TOGETHER BUT ALSO THEN DIRECTLY DERIVE WHEN WE GET TO REVIEW OF THE DRAFT RELEASE PLAN WE USE THOSE PUBLIC COMMENTS. OVER THE WINTER WE'LL RELEASE A DRAFT PLAN FOR PUBLIC COMMENTS AND GOAL TO HAVE FINAL PLAN UPDATED AND RELEASED TO THE PUBLIC NEXT SPRING SO THAT WE CAN START ACTION ON IT NEXT SUMMER. SO, RIGHT NOW WE ARE REALLY IN A MAJOR PUBLIC OUTREACH COMPONENT OF THIS AND AS I MENTIONED, WE RELEASED SURVEY THAT IS KNOT NOW AVAILABLE CAN BE COMPLETED ON A COMPUTER OR MOBILE PHONE. WE ARE GATHERING INPUT ON SEVERAL THINGS. GREEN SPACE ACCESS, TRANSPORTATION ACCESS, ANY UPDATES IN GREEN NEIGHBORHOODS, REBATES AND TAX CREDITS THAT COULD BE SOUGHT OUT OR ARE ALREADY AVAILABLE AND RECYCLING. THESE WILL INFORM THE PLAN. SOME OF THE QUESTIONS THAT YOUR INCLUDED ARE HOW DO YOU GET AROUND THE CITY? WHAT CHANGES SUCH AS TREES OR SAFER SIDEWALKS -- WHAT CHANGES WOULD YOU LIKE TO SEE IN YOUR NEIGHBORHOOD. WE ARE GOING TO TRY TO GET AT THE CORE OF WHAT IMPACTS MEMBERS OF THE COMMUNITY. THE SECOND PARTIES JUST TO ACCEPT APPLICATIONS FOR THOSE WHO MIGHT BE INTERESTED IN SERVING ON THE TASK FORCE. THERE IS APPLICATION AVAILABLE. THAT TASKFORCE IS OPEN TO ALL ALBUQUERQUE RESIDENTS. WHAT WE REALLY ARE TRYING TO DO WITH THIS IS FOSTER AND EMPOWER NEW LEADERS. WE TALK ABOUT THESE THINGS QUITE A BIT BUT WE KNOW THERE IS A COMMUNITY OUT THERE INTERESTED IN THIS AND WE WANT TO BUILD THAT COMMUNITY HERE IN ALBUQUERQUE BECAUSE WE KNOW IT IS CRITICAL FOR THE FUTURE OF THIS CITY. >> TASKFORCE WILL DEVELOP PLANNING GOALS AND ACTIONS AS WE GO FORWARD. THERE IS A REAL FOCUS ON EQUITY. IN ADDITION TO TRADITIONAL WAYS WE ENGAGE AROUND DIGITAL INTERFACES WITH THE PUBLIC WE SENT OUT 20,000 POSTCARDS TO RESIDENTS AND LOW INCOME NEIGHBORHOODS EXPERIENCING ENERGY BURDENS. WE HAVE GENRES DENTS INFORMATION HOW THEY CAN ALSO TAKE CART IN THE CLIMATE ACTION SURVEY AS WELL AS REACH OUT IF THEY ARE INTERESTED IN SERVING ON TASKFORCE. A WAY TO PROVIDE THEIR PHONE NUMBERS SO IF THEY DON'T HAVE INTERNET OR ACCESS TO COMPUTER THEY WITH LET US KNOW THEIR PHONE NUMBER AND HAVE OPTION TO TAKE THE SURVEY OVER THE PHONE USING TEXT. THAT IS ANOTHER OPTION. WE ARE PARTNERING WITH PROSPERITY WORKS TO DO FREE ENERGY AUDIT FOR LOW INCOME HOMEOWNERS THAT ARE ALSO IN THOSE HIGH ENERGY BURDEN NEIGHBORHOODS. THOSE AUDITS LEAD TO US CONNECTING TO RESOURCES TO DO UPGRADES. AS THEY DO THAT, THEY ARE ALSO INVITED TO GIVE INPUT WHAT ELSE THEY COULD BE ABLE TO REALLY LEVERAGE TO HELP BE A PART OF ADDRESSING CLIMATE ACTION. TO REITERATE, WE HAVE A STRONG COMMITMENT TO DIVERSITY ON THE TASK FORCE, SO DOING OUTREACH IN SAME NEIGHBORHOODS TO ENCOURAGE THEM TO BE EMPOWERED AND TAKE PART IN THIS PROCESS AND SIT ON THE TASKFORCE. ON THE TASKFORCE ITSELF JUST KIND OF DIG THIS MORE THE TASKFORCE WILL BE COMPOSED, 12 TO 15 MEMBERS. THEY WILL REPRESENT DIVERSE BACKGROUND AS WELL AS EXPERIENCE. WE EXPECT THERE TO BE FACILITATED WORK SESSIONS AND WE WILL PROVIDE SUBJECT MATTER EXPERTS TO PROVIDE VERY SPECIFIC DETAILS. NOT EXPECTED THEY KNOW EVERYTHING ABOUT THE WORK THEY ARE GOING TO BE INVOLVED IN BUT WE WILL PROVIDE PRESENTATIONS AND SUBJECT MATTER TO HELP SUPPORT WORK THEY ARE DOING. UPDATE BECAUSE WE HAVE LAUNCHED THIS A LITTLE WHILE AGO AS OF TODAY WE RECEIVED OVER 1800 SURVEY RESPONSES AND HAVE ABOUT 2 DOZEN DIFFERENT MEMBERS WHO HAVE EXPRESSED INTEREST IN BEING A MEMBER OF THE TAX FORCE. WE ARE EXCITED ABOUT THAT ENERGY AND WE WANT TO ASK FOR YOUR SUPPORT IN THIS AS WELL AND NEXT SLIDE AND THERE IS A COUPLE WAYS WE CAN DO THAT. THEY ARE OUTLINED HERE. FIRST IS JUST TO SHARE THE CLIMATE ACTION SURVEY AND SHARE IT WITH ANYONE INTERESTED AND PROVIDE THAT FEEDBACK TO US. SECONDLY IF THEY ARE INTERESTED IN BECOMING CLIMATE LEADER HERE LOCALLY, SHARE THE APPLICATION BECAUSE WE ARE DEFINITELY STILL VERY INTERESTED IN RECEIVING THAT INTEREST AND WE WILL BE MAKING THOSE DECISIONS IN COMING MONTHS. THERE IS SOCIAL MEDIA HANDLES THERE HOW PEOPLE CAN GET CONNECTED. THEY CAN ALSO REACH OUT TO US ON OUR SUSTAINABILITY WEBSITE. THAT CONCLUDES PRESENTATION BUT I'LL STAND-BY FOR QUESTIONS. REALLY APPRECIATE 80 YOUR TIME AND ATTENTION. >> Coun. Davis: ANY QUESTIONS? GREAT TIME TO USE THE RAISE YOUR HAND BUTTON WHERE YOU CAN. TO GET ME IN THAT HABIT. BUT, IF YOU CAN'T DO THAT, BY ALL MEANS JUST YELL OUT. I SEE COUNCILOR SENA CAN. >> Coun. Sena: THANK YOU. DIRECTOR, I HAVE A QUICK QUESTION ON WHAT THE REQUIREMENTS ARE FOR THAT TASKFORCE APPLICATION. SPECIFICALLY REGARDING THE AGE REQUIREMENTS. I THINK OUR YOUTH ARE REALLY IN THE CONVERSATION FOR CLIMATE CHANGE SO CURIOUS IF THERE IS AGE REQUIREMENT AND SECOND QUESTION IS REALLY THOSE POST CARDS AND EQUITABLE OUTREACH, I APPRECIATE THAT BUT I WOULD LIKE TO KNOW IF IT WAS CONDUCTED IN MULTIPLE LANGUAGES SUCH AS SPANISH? >> THANK YOU FOR THOSE QUESTIONS. AS FAR AS AGE REQUIREMENTS I BELIEVE WE ARE LOOKING FOR 18 AND OLDER ON THAT BUT I THINK YOU RAISED A VERY INTERESTING QUESTION. WHAT I WILL DO IS GO BACK AND TALK ABOUT HOW WE CAN INCLUDE THE YOUTH VOICE IN THAT. ONE OF THE THINGS WE WANTED TO DO WAS MAKE SURE THAT THEY WERE ASSED KATEED ABOUT THE DIFFERENT TOPICS AS THEY COULD, MABREYING IN REPRESENTATIVES FROM SOME OF THE YOUTH EMPOWERED GROUPS TO PRESENT TO THEM AND SEE WHAT THEIR CHALLENGES ARE. AS IT RELATES TO THE POST CARDS THAT WENT OUT, THEY DID GO OUT IN ENGLISH AND SPANISH. >> Coun. Davis: OTHER YESES? GOING ONCE, TWICE. SEEING NONE, THANKS FOR THAT UPDATE. GOOD LUCK ON THE PLAN. WE LOOK FORWARD TO THOSE UPDATES. NEXT UP WE HAVE DEPUTY CHIEF GRIEGO REGARDING APD CRIME STATS AND UPDATES AND CHANGES THERE. ARE YOU WITH US SOMEWHERE? I THINK I SEE A BADGE IN ECONOMIC DEVELOPMENT CONFERENCE ROOM AND VERY LITTLE HEAD. ARE YOU WITH US? >> WILL GRIEGO: >> GRIEGO: CAN YOU HEAR ME. >> Coun. Davis: WE HAVE AN ECHO. LET'S SEE WHAT WE CAN DO ABOUT THAT. >> GRIEGO: HOW ABOUT NOW. >> Coun. Davis: BETTER. >> GRIEGO: GOOD AFTERNOON. TODAY I AM HERE TO PRESENT THE 2019 CRIME STATS JUXTAPOSED WITH 2018 CRIME STATS. THEY ARE IN A CERTAIN FORMAT. TO GO OVER THAT, IT STAND FOR NATIONAL INCIDENT BASE REPORTING SYSTEM. IT IS A PROGRAM RUN BY FBI WHICH TAKES ALL CRIME FROM ALL 50 STATES AND COMPILES STATISTICS FOR THE COUNTRY. THEY USED TO USE A IS IS TELL CALLED SRS, SUM REREPORTING SYSTEM. THAT KIND OF, SUMMARY REPORTING SYSTEM. ITS REFERRED TO AS UCR. THE TWO REPORTING SYSTEMS ARE THOSE TWO. SRS WAS STARTED IN 1929. AL CAPONE WAS RUNNING THE STREETS AND THEY EVENTUALLY RECOGNIZED THE NEED AS CRIME CHANGED OVER THE YEARS TO DEVELOP A NEW SYSTEM. SO, WE TALK ABOUT THE NIBR SYSTEM IT IS MOST COMPREHENSIVE THAN THE OTHERS. THE MAIN THING IS BECAUSE OF THE CHANGE IN THE SYSTEM AND REPORTING, THEY REALLY CAN'T BE COMPARED TO EACH OTHER. SO, I WON'T READ EVERY ONE BECAUSE NOT EVERYONE IS RELEVANT TO THE DISCUSSION. BUT THESE ARE THE DIFFERENCES BETWEEN NIBR'S AND SRS. ONE THING IS IF YOU LOOK UNDER SRS, FOURTH 1 DOWN IS HEIRARCHY RULE. WHEN YOU CRIME THAT INVOLVED MORE THAN ONE OFFICE, ONLY HIGHEST LEVEL WAS REPORTED. >> IF YOU HAD A BURGLARY THAT RESULTED IN KIDNAPING AND THEY STOLE A CAR, KIDNAPPING IS HIGHEST CRIME SO THAT IS THE ONLY CRIME REPORTED. >> THAT IS IMPORTANT BECAUSE WHEN WE LOOK AT DATA AND WE LOOK AT CRIME MAPPING AND WHAT IS GOING ON IN THE NEIGHBORHOODS, WE NEED A MORE CLEAR PICTURE OF ALL CRIMES NOT JUST HIGHEST OFFENSES. UNDER THE OLD SRS THERE WERE ONLY 10 CATEGORIES FOR WHICH WE COULD REPORT CRIME. UNDER ANY BRS THERE IS 52 OFFICE CLASSIFICATIONS. WE'LL GET THOSE. IN THOSE CLASSIFICATIONS THERE YOUR 58 DATA ELEMENTS. THAT IS THINGS LIKE GANG AFFILIATION, VICTIM TO OFFENDER RELATIONSHIP. A MORE COMPREHENSIVE LOOK AT DATA. >> WHEN A DEPARTMENT SWITCHES FROM SRS TO NIBRS, GENERALLY YOU SEE 2 OPINION 6% INCREASE IN CRIME. IT IS NOT CRIME THAT IS ACTUALLY OCCURRING BUT CRIME REPORTED. >> WHEN YOU SWITCH FROM SRS TO NIBRS, THERE IS A BUILT IN INCREASE. WHEN YOU LOOK AT MULTIPLE OFFICE CRIMES THERE IS A 10.1% INCREASE. IF YOU GO TO THE NEXT SLIDE. SO THE NEXT SLIDE IS GOING TO BE 2018, NIBRS TOTAL GROUP A. YOU CAN SEE IF 2019 WE HAD A MINUS 7% DECREASE. SOME OF THOSE CRIMES OR THOSE CRIMES ARE TOTAL CRIMES FOR GROUP A. IF YOU GO TO THE NEXT SLIDE THIS SHOWS CRIMES AGAINST PERSONS. SO NTHIS ONE CAN YOU SEE THERE WAS A 1% INCREASE FROM 2018 TO 2019 WHICH IS VERY SMALL AND IT IS WITHIN THAT BUILT IN INCREASE THAT I WAS TALKING ABOUT EARLIER. THE NEXT SLIDE WILL SHOW THE FOUNDATIONAL DATA FOR THOSE CRIMES. I AM NOT GOING TO BORE YOU WITH READING EACH ONE BECAUSE I KNOW THAT EVERYBODY CAN READ THOSE ON THEIR OWN. SO IF YOU SKIP TO THE NEXT SLIDE ON CRIMES AGAINST PROPERTY SORRY. WE HAVE TECHNICAL DIFFICULTIES. >> Coun. Davis: MR. MOYA WILL JOIN US AGAIN AND BRING THAT BACK UP. GIVE US A SECOND. IS THIS THE RIGHT ONE HERE WITH THE SPREAD SHEET YOU WANT TO GO TO THE NEXT DIAGRAM. >> GRIEGO: WE CAN GO TO THE NEXT ONE. THIS IS CRIMES AGAINST PROPERTY. THERE WAS A 10% DECREASE IN CRIMES AGAINST PROPERTY, LARGE PORTION OF THAT WAS AUTO THEFT REDUCTION. THE NEXT SLIDE IS THE FOUNDATIONAL DATA FOR SOME OF THAT. SO FOLLOWING SLIDE IS GOING TO BE CRIMES AGAINST SOCIETY. THERE IS PROBABLY QUESTIONS, WELL, WHAT DOES THAT CONSIST OF? THE SLIDE AFTER THAT WILL TELL YOU EXACTLY WHAT THOSE CATEGORIES ARE. AS YOU CAN SEE THERE WAS A 90% INCREASE FROM 2018 TO 2019. NEXT SLIDE. WE'LL SHOW YOU WHAT THOSE CRIMES ARE AND FOUNDATIONAL DATA FOR THAT SLIDE. THAT IS ALL I HAD FOR THE STATS. I STAND FOR QUESTIONS. >> Coun. Davis: THANKS. I KNOW SINCE YOU HAVE TAKEN OVER THIS, YOU HAVE DONE A LOT OF WORK INSIDE TO WORK ON ADAPTING TO THIS NEW PROCESS AND GETTING DATA UP TO DATE NOT TO MENTION A BACKLOG OF OLD REPORTS OR UNASSOCIATED DATA. CONGRATS. JUST WANT TO SAY THAT OUT FRONT. BEYOND THAT, COUNCILORS, OTHER QUESTIONS. START WITH RAISE THE HAND FUNCTION. >> FIRST TWO I SEE ARE GIBSON AND BASSAN. >> Coun. Gibson: THANK YOU. THANK YOU FOR THIS PRESENTATION. I AM WONDERING IF THIS IS AVAILABLE FOR US TO GO BACK AND REFERENCE AFTER THIS EVENING? >> GRIEGO: ABSOLUTELY M. >> Coun. Gibson: WHERE MIGHT WE FIND IT. >> GRIEGO: I'LL GET IT TO YOU. >> Coun. Gibson: THANK YOU. >> Coun. Davis: THAT IS A GOOD POINT. WE HAVE THE ONLY HERE IN THE OFFICE AND IT IS A PART OF THE MINUTES OF THE MEETING THAT FOLKS CAN REQUEST. >> Councilor Bassan: THAT WAS MY QUESTION. THANK YOU MR. PRESIDENT. >> Coun. Davis: OTHER QUESTIONS? GOING ONCE. GOING TWICE. LET ME ADD AGAIN CHIEF THANKS SO MUCH. COUNCILOR BENTON AND I MET WITH THE MAYOR ABOUT POLICING ISSUES AND CRIME AND CERTAINLY THE DECREASE IN PROPERTY CRIME IS A BRIGHT SPOT BUT WE HAVE A LOT OF WORK TO DO. BUT THE DATA MEANS A LOT IN TERMS OF WHERE WE DEPLOY THE NEXT ROUND OF OFFICERS. >> NEXT UP I THINK WE HAVE COUNCILLOR PENA, IF YOUR NOW WITH US. WITH A PROCLAMATION AND THEN TO COUNCILLOR GIBSON WHO WILL PRESENT ANOTHER PROCLAMATION. ARE YOU WITH US? >> Coun. Pena: THANK YOU. I THINK WE HAD WE HAD SOMEBODY TO ACCEPT THIS. >> JENNIFER: I AM HERE. >> Coun. Pena: I'LL GO AHEAD AND START READING IT. TODAY, AUGUST 17, 20 TWENTY, YOU UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH ADMINISTRATION, STRIVES TO REDUCE IMPACT OF SUBSTANCE ABUS AND MENTAL ILLNESS IN THE COMMUNITIES. NATIONAL RECOVERY MONTH NATIONAL OBJECT SIR ADVANCE EVERY SEPTEMBER TO EDUCATE AMERICANS THAT SUBSTANCE ABUSE TREATMENT ANDMENTAL HEALTH SERVICES CAN ENABLE THOSE TO LIVE A HEALTHY AND REWARDING LIFE. THE NATIONALLY RECOGNIZED RECOVERY MONTH BEGAN IN 1989 AS TREATMENT WORKS MONTH, WHICH HON OTHERRED WORK OF SUBSTANCE ABUSE TREATMENT PROFESSIONALS. IN 1998 OBSERVANCE WAS MODIFIED AS NATIONAL ALCOHOL AND DRUGS ADDICTION RECOVERY MONTH EXPANDING TO INCLUDE CELEBRATING ACCOMPLISHMENTS OF INDIVIDUALS IN RECOVERY FROM SUBSTANCE ABUSE. THE OBSERVANCE EVOLVED TO NATIONAL RECOVERY MONTH TO INCLUDE YOU ALL ASPECTS OF BEHAVIORAL HEALTH. AND THE CITY AND OTHERS HAVE INITIATED A NATIONAL RECOVERY MONTH ENTITLED ALBUQUERQUE CELEBRATES RECOVERY. ALBUQUERQUE CELEBRATES RECOVERY ADVOCATES SUPPORTS INDIVIDUALS WITH SUBSTANCE ABUSE AND MENTAL HEALTH DISORDERS BY PROVIDING A ROAD TO LONG-TERM RECOVERY. BEHAVIORAL HEALTH IS ESSENTIAL TO THE OVERALL HEALTH OF OUR COMMUNITY, PREVENTION WORK AND PEOPLE CAN RECOVER. FIFTH ANNUAL ALBUQUERQUE CELEBRATES RECOVERY EVENT WILL BE CELEBRATED VIRTUALLY THROUGHOUT THE MONTH OF SEPTEMBER TO INCREASE AWARENESS AND UNDERSTANDING OF SUBSTANCE ABUSE AND MENTAL HEALTH DISORDERS AND CELEBRATE THOSE IN RECOVERY. THE CITY COUNCIL, GOVERNING BODY, HEREBY DECLARES SEPTEMBER, 2020 AS NATIONAL RECOVERY MONTH. THANK YOU JENNIFER AND THANK YOU FOR ALL DO YOU AND EVERYONE ELSE IN THE COMMUNITY WHO WORKING ON THIS. YOU KNOW, I APOLOGIZE TO MY FELLOW COUNCILORS I DIDN'T HAVE THEM READ THIS ALONG WITH ME. I JUST HAVE HAD A LOT GOING ON PERSONALLY, SO, I AM SURE WE ALL HAVE THE SAME SENTIMENT. >> JENNIFER: THANK YOU. I WANT TO LET YOU KNOW, (INAUDIBLE) WE ARE DOING A VIRTUAL EVENT ALL MONTH LONG AND THINGS WILL BE POSED ON THE WEBSITE, WHICH ALBUQUERQUE CELEBRATES RECOVERY.ORG. APPRECIATE THE RECOGNITION AND HOPEFULLY NEXT YEAR WE'LL BE BACK DOING EVERYTHING IN PERSON. >> Coun. Davis: COUNCILLOR PENA WE WEREN'T ABLE TO HEAR YOU THERE. COUNCILLOR PENA, WE MIGHT ASK TO INTERRUPT YOU AND RESET YOUR MIKE ON YOUR END. >> Coun. Pena: OKAY. NOTE TO STAFF IT IS STILL HAPPENING. ANYWAY, I JUST WANT TO SAY I DIDN'T KNOW IF ANYONE ELSE HAD COMMENTS OR QUESTIONS FOR JENNIFER BUT I JUST WANT TO REITERATE HOW IMPORTANT THE WORK SHE AND OTHERS ARE DOING IN OUR COMMUNITY TO HELP PEOPLE WITH BEHAVIORAL HEALTH AND SUBSTANCE ABUSE AND JUST VARIETY OF DIFFERENT MENTAL HEALTH DISORDERS OUT THERE. I REALLY APPRECIATE YOU GUYS. WITHOUT YOU WE WOULDN'T HAVE MADE STRIDES WE HAVE MADE THUS FAR. >> Coun. Davis: THANK YOU FOR BRINGING THAT PROCLAMATION. WE HAVE ONE OTHER TONIGHT TO BE LED BY COUNCILLOR GIBSON. FOR FOLKS FOLLOWING ALONG IF YOU'RE WAITING ON GENERAL PUBLIC COMMENT WE'LL COME TO THAT NEXT. STAY TUNED AND WE'LL LET YOU IN AFTER THIS. COUNCILLOR GIBSON HAS GUESSES AND A PROCLAMATION. >> Coun. Gibson: THANK YOU. THE PROCLAMATION THAT I OFFER TODAY IS A SPECIAL ONE. WE'LL NEVER GO PAST THIS ANNIVERSARY AGAIN, GUARANTEED. THIS IS THE 100TH ANNIVERSARY OF THE PASSAGE AND RATIFICATION OF THE 19TH AMENDMENT TO THE U.S. CONSTITUTION. WE HAVE A SPECIAL GUEST TODAY, MS. PAMELA HERNDON, SYLVIA FINK, WHO IS WITH AMERICAN ASSOCIATION OF UNIVERSITY WOMEN. I THINK THAT IS RIGHT, AAUW. I AM SORRY IF I SLAUGHTERED THAT. MEREDITH IS WITH THE LEAGUE OF WOMEN'S VOTERS. WELCOME, THANK YOU FOR BEING HERE. I SEE FAMILIAR FACES. AND WE HAVE NEVER DONE THIS BEFORE BUT IT WAS REALLY MY HOPE AND GOOD INTENTION THAT EVERYBODY IN COUNCIL BE ABLE TO PARTICIPATE IN THIS BECAUSE IT IS SO IMPORTANT. IT IS SUCH AN EVENT THAT WE SHOULD AND DO ALL RECOGNIZE AND CELEBRATE. THE HISTORICAL SIGNIFICANCE AND GETTING US WHERE WE ARE TODAY. SO, HOPEFULLY EVERYBODY HAS A COPY OF THIS. I AM GOING TO READ THE FIRST WHEREAS CLAUSE AND THEN WE GO, IF YOU DON'T HAVE ONE MARKED ANYWAY, WE GO BY DISTRICTS. SO, THE SECOND WHEREAS CLAUSE WILL BE COUNCILOR SENA, THEN BENTON, PENA, IN ORDER OF DISTRICT NUMBER. IF THERE IS A PAUSE OR DOESN'T LOOK LIKE SOMEBODY HAS ONE I'LL JUMP IN FOR YOU. OKAY? THIS IS A VERY SPECIAL -- VERY HON OTHERRED TO GIVE THIS AND WE'LL BE HEARING AT THE END OF THIS, I AM SURE, FROM ALL THREE OF THE GUESTS. HOPEFULLY THEY'LL ALSO BE TALKING ABOUT THE CELEBRATION AND HOW WE ARE GOING TO COMMEMORATE THAT HERE IN ALBUQUERQUE. VERY SPECIAL EVENT. SO, I WILL BEGIN. IN THE U.S., SUFFER ACKNOWLEDGETHS BEGAN FIGHT FOR QUALITY IN 1848 WHEN DEMANDED RIGHT TO VOTE DURING THE FIRST CONVENTION IN SENECA FALLS NEW YORK. >> AUGUST 26, TWENTY 20 MARKS NATIONWIDE CENTENNIAL OF THE 19TH AMENDMENT WHICH SECURED WOMEN'S CONSTITUTIONAL RIGHT TO VOTE OFFICIALLY BECOMING A PART OF THE CONSTITUTION AFTER REQUIRED NUMBER OF STATES HAD RATIFIED. >> WHEREAS WOMEN OF EVERY RACE, CLASS AND ETHNIC BACKGROUND SERVED AS EARLY LEADERS IN THE FOREFRONT OF EVERY MAJOR PROGRESSIVE SOCIAL CHANGE MOVEMENT. >> INTERACTION BETWEEN WOMEN UNVEILED A SOCIAL STRUCTURE WHERE WOMEN UNCHALLENGED POLITICAL POWER BAKE A MODEL CALLING FOR WILL WOMEN'S SFFERAGE AND,. >> MARY WAS EDUCATOR AND AFRICAN AMERICAN ALLOWED IN MEETINGS OF THE NATIONAL AMERICAN WOMEN SUFFERRAGE WOMEN. HER SPEECH IN WASHINGTON D.C. WAS A BOLD CALL TO INCLUDE ALL PEOPLE OF COLORADO OUR ESPECIALLY IN SOUTHERN STATES. >> WHEREAS, SHE FOUNDED THE CHINESE WOMEN'S ADVOCACY GROUP IN THE BAY AREA AND REGISTERED TO VOTE ON NOVEMBER 8, 1911 AT THE ALAMEDA COUNTY COURTHOUSE. SHE AND EMMA WERE THE FIRST CHINESE AMERICAN WOMEN TO VOTE IN THE U.S. AND -- >> WHEREAS OTERO WARN HEAD OF THE NEW MEXICO CHAPTER OF THE CONGRESSIONAL UNION, PRE CURSOR TO THE NATIONAL WOMEN'S PARTY GARNERED SUFFERRAGE SUPPORT FROM SPANISH AND ENGLISH COMMUNITIES AND. >> Coun. Jones: AND AMERICAN WOMEN HAVE PLAYED AND CONTINUE TO PLAY CRITICAL CULTURAL AND SOCIAL ROLES IN EVERY SPHERE OF THE LIFE OF THE NATION BY CONSTITUTING A SIGNIFICANT PART OF THE LABOR FORBES WORKING INSIDE AND OUTSIDE OF THE HOME. >> MANY WOMEN IN COMMUNITIES OF COLOR IN NEW MEXICO WERE UNABLE TO PARTICIPATE IN THE SUFFERRAGE MATH AND WAITED MANY YEARS. >> TODAY MORE THAN 68 MILLION AMERICAN WOMEN VOTE IN ELECTIONS BECAUSE OF THE COURAGEOUS PEOPLE WHO NEVER GAVE UP THE FIGHT FOR EQUALITY. BE IT PROCLAIMED BY THE CITY, GOVERNING BODY OF THE SIT HEREBY COMMEMORATES 100TH ANNIVERSARY OF THE PASSAGE AND RATIFICATION OF THE 19TH AMENDMENT PRIOR FOR WOMEN'S SUFFERRAGE TO THE CONSTITUTION OF THE U.S. AND PROCLAIMS AUGUST 26, 2020 AS WOMEN'S EQUALITY DAY. SO, I AM SO PROUD OF US. WE PULLED THAT OFF. EVERYBODY HAD IT. THANK YOU VERY MUCH. I WOULD LIKE TO MAYBE TURN IT OVER TO MS. HERNDON TO, YOU KNOW, SHE HAS BEEN WORKING ON THIS FOR THREE YEARS, 4 THREE YEARS. I HAVE BEEN HEARING, DIANE, WE WANT CIVIC PLAZA ONLY AUGUST 26 OF 2020. 1997. IT WAS THREE YEARS AGO, 2017. SHE HAS BEEN PUTTING HER HEART AND SOUL NOT ONLY HER BUT THE OTHERS AS WELL. I AM GLAD YOU ARE ALL HERE. >> HERNDON: THANK YOU. WE REALLY APPRECIATE HAVING THIS PROCLAMATION TODAY AND WE REALLY APPRECIATE THE EMPHASIS THAT YOU PUT ON CIVIC ENGAGEMENT. I WANTED COUNCIL TO KNOW THAT NOT ONLY YOUR WE COMING TOGETHER AS A CITY COUNCIL CELEBRATE THIS MONUMENTAL EVENT IN OUR HISTORY, BUT WE ARE BRINGING WITH US EVERY SINGLE WOMAN FROM EVERY OTHER STATE TO STAND ON THE PLATFORM WITH US, VIRTUAL STAGE, TO SAY WE ARE STANDING WITH WOMEN IN NEW MEXICO AND WE ARE SO PROUD OF THE FACT THAT WE ARE VOTING AND THAT WE HAVE THE RIGHT TO VOTE AND THAT WE ARE VOTING TO PARTICIPATE IN CIVIC ENGAGEMENT. THERE IS ANOTHER MAJOR EVENT HAPPENING ALSO. WE ARE CELEBRATING THE 50TH ANNIVERSARY OF THE YEAR THAT 18 YEAR OLDS GOT THE RIGHT TO VOTE ALSO. IF THAT REGARD WE ARE BRINGING 18 YEAR OLDS ON THE PLATFORM AND AS A PART OF THAT PROCEEDING, THEY WILL STAND AND PLEDGE TO VOTE IN THE 2020 ELECTIONS AND ALSO PLEDGE TO VOTE IN THE FUTURE. SO, WE ARE SO EXCITED ABOUT THAT MAJOR EVENT THAT WILL BE OCCURRING. BUT THE FACT THAT WE ARE REPRESENTING HERE, NEW MEXICO, THE LARGEST CITY IN OUR STATE WHERE MORE THAN, WA POPULATION MORE THAN 51% WOMEN, WE ARE HAVING THIS HUGE RECOGNITION AND I JUST WANTED TO TELL YOU ONE MOMENT BEFORE I INTRODUCE MY ASSOCIATES WHO HAVE BEEN STANDING BESIDE MY. I WANT TO TELL YOU SOME OF THE SPONSORS SO CAN YOU SEE HOW BROAD THIS PARTICIPATION IS ON AUGUST 26 FROM 4:00 TO 7:00. I KNOW WE'LL SEE YOU THERE JOINING US. WE WILL HAVE AAUW, ALBUQUERQUE BRANCH, RAPE CRISIS CENTER OF CENTRAL NEW MEXICO. SANTA FE NOW, SANTA FE COUNTY WILL ALSO JOINING US. GUITERREZ HBBEL, HOUSE, LEAGUE OF WOMEN VOTERS. VOTE 411. LAW CENTER FOR WILL SOCIAL JUSTICE AND CHANGE. THE ONLY FULL WILLS ACCOUNTING FIRM IN THE ENTIRE, FULL WOMEN'S ACCOUNTING FIRM IN THE CITY. PLANNED PARENTHOOD OF THE ROCKY MOUNTAINS. BERNALILLO COUNTY. RIO GRANDE CREDIT UNION. US EAGLE FEDERAL CREDIT UNIONS. >> NEW MEXICO BLACK LEADERSHIP COUNCIL REPRESENT US NEW MEXICO AND THE BERNALILLO COMMUNITY MUSEUM. SO, YOU SEE HOW WIDESPREAD THAT IS AND WHAT AN AMAZING EVENT THIS IS GOING TO BE. SO I WOULD LIKE TO TURN IT OVER SO YOU CAN HEAR FOR A MOMENT FROM MY TWO COLLEAGUES WHO HAVE JOINED ME, ONE FROM LEAGUE OF WOMEN VOTERS AND ONE FROM AAUW. JUST FOR A SECOND HERE. SO, FIRST, SYLVIA FINK. WOULD YOU TAKE THE VIRTUAL PLATFORM. >> FINK: THANK YOU FOR ACKNOWLEDGING OUR EFFORTS. OF THE MANY WOMEN, GOSH, OVER 100 YEARS, 130 SOME SINCE IT STARTED. THANK YOU. >> MEREDITH: YES. AS YOU KNOW, THE LEAGUE OF WOMEN VOTERS CARES ABOUT ELECTIONS AND WE WERE FORMED OUT OF THE NATIONAL AMERICAN WOMEN'S SUFFERRAGE ASSOCIATION AND HARVEY FERGUSON MADE A SPEECH AT THAT NATIONAL CONVENTION IN 1898. ALBUQUERQUE HAD A SUFERAGE ASSOCIATION IN 1893. EVEN THOUGH WE ADDED NEW MEXICO, CAME IN AND BECAME A TERRITORY IN 1850 WE DIDN'T WASTE MUCH TIME. WOMEN MOBILIZED, NATIONAL SUFFERRAGES CAME TO ALBUQUERQUE TO HELP GET THE VOTE AND WE HAVE A LONG, STRONG HISTORY. IF THAT FIRST ELECTION IN 1920, 27 MILLION WOMEN WERE ALLOWED TO VOTE FOR THE FIRST TIME. WERE RECOGNIZED AS HAVING VOTING RIGHTS FOR THE VERY FIRST TIME. I AM GLAD THAT ALBUQUERQUE HAS THE FERGUSON LIBRARY AND YOU ALL HAVE BEEN WORKING HARD ON GENDER EQUITY AND ETHNIC EQUALITY AND I THINK IT IS REALLY BEAUTIFUL THAT YOU'RE DOING THIS. WE HAD HOPED WE COULD HAVE HAD MATCHES IN THE CIVIC PLAZA AND ICE CREAM SOCIALS. THAT WAS VERY DISAPPOINTING TO HAVE TO CANCEL THAT PARADE BECAUSE OF THE PANDEMIC BUT I THINK THAT THE EVENT THAT WE ARE DESCRIBING WILL BE EQUALLY WONDERFUL AND WE SO APPRECIATE THE SUPPORT OF THE COUNCILORS FOR DOING THIS PROCLAMATION TODAY. I LOVED THE WAY YOU TOOK TURNS READING IT. AND YOU WORKED TOGETHER VERY COOPERATIVELY. THANK YOU VERY, VERY MUCH. THANK YOU ALL. >> IN CLOSING, WE JUST THANK YOU AGAIN FOR WHAT IS REALLY EXCITING. EVERY SINGLE WOMAN SITTING ON THE COUNCIL TODAY WILL BE JOINING HER ON THE VIRTUAL STAGE TO KICK THIS OFF. WE APPRECIATE IT. THANK YOU FOR YOUR TIME TODAY. >> Coun. Gibson: THANK YOU. THANK YOU COUNCIL PRESIDENT. JUST ONE LAST THING. WEDNESDAY, 26TH AT 3:00, SHOW TIME. SO, WE NEED THE RECORDING FROM EACH OF YOU 15 SECONDS, ALL RIGHT IF . >> Coun. Davis: THANK YOU. I FEEL BAD FOR THE FOLKS THAT ALWAYS HAVE TO FOLLOW M S. HERNDON. SHE IS A FABULOUS SPEAKER. THANK YOU FOR BRINGING THAT TO US. >> NEXT UP ON THE AGENDA, GENERAL PUBLIC COMMENTS. SO, AS WAS STATED EARLIER, LIVE PUBLIC COMMENT IS TAKEN TODAY FOR THE FIRST TIME SINCE PUBLIC HEALTH CHANGES. WE HAVE 15 PEOPLE SIGNED UP TO SPEAK TODAY PURSUANT TO THE NEW PROCEDURES. AGAIN WE HAD AT LEAST AS MANY WRITTEN COMMENTS THAT WERE SENT IN EARLIER TODAY. THOSE WERE SHARED WITH COUNCILORS AS WELL AS INDIVIDUAL COMMENTS AND EMAILS. I HAVE GOTTEN A NUMBER OF THEM AND WE'LL REFERENCE THOSE AS WE GET TO THOSE ITEMS. THOSE WERE ALSO DISTRIBUTED. MEMBERS OF THE PUBLIC WILL ADDRESS THE COUNCIL IF THEY HAVE SIGNED UP PER THE RULES PUBLISHED ON THE WEBSITE ON FRIDAY. MEMBERS OF THE PUBLIC WILL BE MOVED FROM THE ZOOM WAITING ROOM INTO MEETING ROOM ONCE WE BEGIN. THEY WILL REMAIN MUTED UNTIL YOU ARE CALLED ON TO SPEAK. AT WHICH POINT MODERATOR WILL UNMUTE YOU AND YOU HAVE TWO MINUTES. AFTER THAT, YOUR MICROPHONE WILL BE MUTED. WE REMIND YOU TO WATCH YOUR TIME CLOSELY BECAUSE THAT WILL BE OUR PROCESS. AT THIS POINT I AM GOING TO ASK MR. MOYA TO MOVE ALL MEMBERS OF THE PUBLIC WHO SIGNED UP INTO THE MEETING TONIGHT. AS SOON AS WE GET THAT WE'LL GO OVER A FEW RULES. WHILE HE IS DOING THAT, I SHOULD NOTE FOR THOSE OF YOU FOLLOWING, THE AGENDA IS A LIST OF THINGS WE WILL DO BUT A BAD IDEA TO FOLLOW. WE TRY TO GET ADMINISTRATIVE ISSUES IN EARLIER PART OF THE MEETING WHILE SOME FOLKS ARE STILL WORKING SO PUBLIC CAN PARTICIPATE. AFTER WE DO PUBLIC COMMENT TODAY, YOU'LL SEE US DO ZONING HEARINGS, SOME ADMINISTRATIVE CHANGES TO OUR AGENDA AND THEN I ANTICIPATE WE'LL TAKE DINNER BREAK BEFORE WE GET TO FINAL ACTIONS AND MAJOR ACTION ON ORDINANCES AND RESOLUTIONS. IF YOU'RE MAKING YOUR SCHEDULE I THINK THAT IS OUR ORDER OF THE DAY. IN JUST A MINUTE WE'LL LET THEM GET EVERYBODY IN AND GO THROUGH THE RULES. >> FOR THOSE ARE YOU SIGNED UP FOR PUBLIC COMMENT, BEAR WITH US. WE HAVE NOT DONE THIS BY ZOOM BUT WE WILL TRY IT TODAY WITH YOU ALL. HELP US BY FOLLOWING RULES SO THAT WE CAN CONTINUE TO OFFER THIS TO THE PUBLIC. THOSE THAT ARE JOINING YOU CAN WATCH THE, IF YOU'RE WATCHING THE STREAM, CAN YOU TURN IT OFF AT THIS POINT SO WE DON'T GET ECHOS. GROUNDRULES FOR PUBLIC COMMENT LIKE WHEN IN PERSON. EACH PERSON HAS UP TO TWO MINUTES TO PRESENT. YOU DON'T HAVE TO USE ALL OF THE TWO MINUTES BUT WELCOME TO DO SO. COMMENTS HAVE TO BE ADDRESSED TO COUNCILORS ONLY AND ONLY THROUGH THE COUNCIL PRESIDENT. WHEN WE CALL ON YOU, YOU CAN PLEASE KEEP YOUR COMMENTS AND DON'T CALL OUT OTHERS OTHER FOLKS WHO ARE NOT COUNCILORS. ANY DISRUPTIVE COMMENT WILL RESULT IN YOUR REMOVAL FROM THIS MEETING ROOM. ONE OTHER NOTE, WE HAVE A COUPLE OF ITEMS TONIGHT ON ZONING HEARS, ONE IS A POOL PROPERTY AND A DIFFERENT ONE ON THE NORTHWEST. IF YOU HEAR TO COME WENT THOSE ITEMS, WE ARE NOT ALLOWED TO -- IF YOU ARE HERE TO COMMENT ON THOSE, THE COUNCIL IS NOT ALLOWED TO HEAR COMMENTS ON THOSE ITEMS. YOU HAVE TWO MINUTES AND TIMER STARTS ONCE YOU BEGIN. AND THEN WE WILL LET YOU KNOW WHEN YOUR TIME IS UP. >> MOYA: FIRST SPEAKER IS SUE. PLEASE UNMUTE YOURSELF. >> SUE: HI. THANK YOU FOR SPONSOR RESOLUTION TWENTY, SURE MINISTER OF FIRST CONGESTION GAGSAL CHURCH. FAITH COMMUNITIES FILL IN GAPS AND PROVIDE NEEDED SOCIAL SERVICES FOR THOSE ON THE MARGINS. WE ARE COUNTING ON THE LEADERS TO SUPPORT THE COMMUNITY IN WAYS THAT YOUR HUMANE. I REPRESENT MORE THAN 60 LEADERS FROM A NUMBER OF FAITH TRADITIONS WHO SIGNED A LETTER ADVOCATING AN END TO MILITARY GRADE EQUIPMENT AND UNNECESSARY VIOLENCE IN OUR COMMUNITY. WE ARE DISTURBED ABOUT THE ,000,000 TEARIZATION OF THE POLICE DEPARTMENT AND WE URGE YOU TO USE TAXPAYER MONEY FOR WISE INVESTMENTS IN EDUCATION RATHER THAN FUNDING INTIMIDATING GROUPS YIELDING WEAPONS OR ACCOMMODATING SUCH GROUPS. OPPOSED TO POLICE DEPARTMENT HAVING ACCESS TO STASH OF MILITARY HARDWARE AND CHEMICAL WEAPONS. TEAR GAS IS BAND ON THE MILITARY BATTLE FIELD YET POLICE USE IT ON CITIZENS. THE CORNER STONE OF ALL RELIGIOUS TRADITIONS IS LOVE AND RESPECTS OF NEIGHBORS. VIOLENCE BY RACISM IS TARGETED, INTENTIONAL AND IMPACTS MINORITY GROUPS. AS LEADERS WE WILL NOT TOLERATE MILITARIZATION OF OUR POLICE AND FEDERAL AGENCIES IN THE STREET AGAINST THE PEOPLE. AS OUR COMMUNITY FACING INCREASINGLY HOSTILE ACTS BY SELF APPOINTED MULISH A. WE CALL ON YOU AND PLEDGE SUPPORT TO PEACEFULLY PRACTICE PEACE BUILDING. THANK YOU. >> Coun. Davis: THANKS TO EVERYBODY WHO CAME TO CIVIC PLAZA ON TO SHARE THOSE SENTIMENTS. >> DAN REAGAN: ZONING AND DEVELOP THE CHAIR. (INAUDIBLE). ESTABLISHED AND CONTINUE TO SUPPORT VARIOUS MANIFESTATIONS OF SYSTEMIC RACISM. I URGE THE COUNCIL TO SLOW DOWN THE EFFORTS BY LUPZ AND UNKNOWN OTHERS TO GIVE IDO AOPERATIONS FORTH WHICH. THEY DID NOT DELIVER IDO NOD TO THE COUNCIL UNTIL JANUARY 28 THIS YEAR. JUST ABOUT THE TIME THAT THE WORLDWIDE PANDEMIC BEGAN TO IMPACT OUR NATION. NEW MEXICO HAD ITS FIRST CASE IN EARLY MARCH. WE GO ONTO HAVE 23,000 CASES AND 700 DEATHS. SINCE THE FIRST CASE THERE HAS NOT BEEN A SINGLE IN PERSON MEETING OF THE CITY COUNCIL AND THE PUBLIC TO DISCUSS THE PROPOSED CHANGES TO THE IDO. THERE HAS BEEN NO SUBSTANTIVE DIALOGUE BETWEEN CITY REPRESENTATIVES AND THE PUBLIC. SUCH IS THE STATE OF OUR CITY'S REPRESENTATIVE DEMOCRACY GIVEN THE COVID-19. AFTER ADDING 78 PAGES OF BRAND NEW PACKET AMENDMENTS SINCE JULY 5 WITHOUT ANY DIALOGUE WITH COMMUNITY PARTICIPATION, IT IS -- THE COUNCIL WILL CONSIDER A SIX MONTH DELAY IN IACC REGS TAKING EFFECT. AND THE COUNCIL POSTPONED THE CPASCHEDULE FOR GOOD REASON FOR EIGHT MONTHS. AND, IT LET THE REVISION OF THE DPM GO ON FOR TWO-AND-A-HALF YEARS BEYOND IDO BEING APPROVED. THESE ARE PROBLEMS AND ISSUES. I THANK ALL OF YOU FOR THE HARD WORK AND ENERGY YOU PUT IN TO KEEP OUR CITY IN THE BEST POSSIBLE SHAPE IT CAN BE ESPECIALLY IN THE CRAZIES OF OUR COVID-19 TIMES. THANK YOU. >> Coun. Davis: I BELIEVE COUNCILLOR HARRIS HAD A QUESTION FOR YOU. >> Coun. Harris: NO. MR. PRESIDENT. I THOUGHT HE WAS TALKING ABOUT THE POOL DEAL BUT HE WASN'T. >> Coun. Davis: THAT IS GREAT. WE ALWAYS APPRECIATE AND WE GET YOUR EMAILS AS WELL. >> TAMMY: THANK YOU. THANK YOU. I WANT TO THANK THE COUNCIL FOR VOTING AT YOUR LAST MEETING TO UPDATE THE CONSERVATION CODE TO THE 2018 INTERNATIONAL ENERGY CONSERVATION CODE WITHOUT AMENDMENTS. THIS UPDATE IS SO IMPORTANT FOR ALBUQUERQUE. IT REDUCES ENERGY USE IN NEW BUILDINGS BY ABOUT 25% IMPORTANT FOR MEETING CLIMATE GOALS. IT SAVES RESIDENTS MONEY EVERY SINGLE MONTH YEAR AFTER YEAR FOR THE ENTIRE TIME THEY LIVE OR DO BUSINESS IN BUILDINGS AND REINSTATES US AS A LEADER IN ENERGY EFFICIENCY. THAT I GO E F F I CIENCY. PROCESS WAS LONG BUT RESULT IS ONE WE SHOULD BE PROUD OF. WE CONCERNED ABOUT POSSIBLE FURTHER DELAYS TO THE CODE UPDATE. WE HOPE YOU WILL NOT SUPPORT R-20,-89 WHICH CALLS FOR DELAYS IN GETTING BENEFITS I MENTIONED PREVIOUSLY FOR ALL RESIDENTS. IT IS IMPORTANT TO KNOW DOE ALREADY FUNDED A STUDY ON THE NEW CODE AND CLEARLY SHOWS THIS SAVES SUBSTANTIAL AMOUNTS OF MONEY EVERY SINGLE MONTH FOR OWNERS OF NEW HOMES BUILT TO THIS THIS CODE. NO REASON TO REPEAT THIS TYPE OF DETAILED STUDY. A COPY WAS PROVIDED TO COUNCIL STAFF AND MADE AVAILABLE TO ALL COUNCILORS. MORE THAN TWO YEARS OF ANALYSIS AND DELAYS IS ENOUGH. 11 YEARS ON OLD CODE IS ENOUGH. LET'S MOVE ALBUQUERQUE FORWARD BY NOT ACTING ON ANY FURTHER AMEND LITTLE CHANGES TO THIS CODE. >> THANK YOU. >> CAMILLA: THANK YOU SO MUCH. FIRST LET ME THANK THE COUNCIL FOR ALL OF YOUR WORK IN SUCH DIFFICULT TIMES. ECHO THE PREVIOUS SPEAKER IN THANKING YOU FOR UPDATING ALBUQUERQUE'S ENERGY CONSERVATION CODES. I AM THE DIRECTOR OF THE RIO GRANDE CHAPTER OF THE SIERRA CLUB. I REPRESENT 35,000 MEMBERS AND SUPPORTERS THROUGHOUT THE STATE AND WEST TEXAS, MOST LOCATED HERE. I SERVED ON THE ALBUQUERQUE CODE CHANGE COMMITTEE AND SAW CLEAR ARGUMENT FROM MOVING TO THE NEW CODE AFTER 11 YEARS OF WAITING. I ALSO OBSERVED THE CITY COUNCIL PASS A CLIMATE EMERGENCY RESOLUTION. THAT IS KEY WAY IN WHICH THE CITY CAN ACT TO CURB GLOBAL CLIMATE CHANGE. YOU'LL NOTICE HOW HOT IT IS. THAT IS PART OF THE NUMBERS SHOWING US HOW BADLY OUR PLANET AND OUR COMMUNITIES ARE SUFFERING FROM GLOBAL CLIMATE CHANGE. YOU WOULD BE SURPRISED TO KNOW WHAT A HUGE PERCENT OF GLOBAL WARMING GASES COME FROM BUILDINGS. ON THE ONE HAND BY OPPOSING R-20-89 AND SLOWING IMPLEMENTATION OF THE CODE YOU TAKE ACTION TO COMPLY WITH THE GLOBAL CLIMATE CHANGE EMERGENCY. YOU'LL ALSO SAVE PEOPLE LIKE ME MONEY, PEOPLE WHO WANT TO BE ABLE TO SAVE MONEY MONTH-TO-MONTH ON THEIR ELECTRIC BILLS AND THAT IS WHAT THE CODES DO, NOT JUST FOR HOMEOWNERS BUT FOR BUSINESS PEOPLE. THANKS FOR YOUR ATTENTION AND PLEASE DO OPPOSE R-20-89. THANK YOU. >> AMY MILLER: THANK YOU. GOOD AFTERNOON. I AM WITH AMM CONSULTING HERE IN ALBUQUERQUE. I WORK IN THE ENERGY INDUSTRY FOR YEARS FIRST AT RURAL ELECTRIC COOPERATIVES AND THEN PNM. I NOW HAVE A CONSULTING FIRM WHERE I WORK ON ENVIRONMENTAL AND ENERGY ISSUES. LIKE THE PREVIOUS TWO SPEAKERS, I AM ENCOURAGING YOU TO STAY COMMITTED TO WHAT YOU VOTED ON DURING YOUR LAST MEETING. THAT IS APPROVAL OF THE 2018 INTERNATIONAL CONSERVATION CODE WITHOUT ANY AMENDMENTS. ALBUQUERQUE SHOULD BE THE LEADER IN OUR STATE IN ENERGY CONSERVATION. NOT ONLY DOES THIS NEW CODE UPDATE HELP ALBUQUERQUE MOVE FORWARD ON ITS CLIMATE GOALS. IT STARTS TO FURTHER ADDRESS THE ENERGY AFFORDABILITY CHALLENGES FOR BUSINESSES AND RESIDENTS THAT ARE SO PREVALENT THROUGH OUT OUR STATE. I SAW THIS THROUGHOUT MY CAREER. THANK YOU FOR YOUR CONSIDERATION. >> ANDERSON: THE. >> Coun. Davis: LET'S GO TO THE NEXT PERSON AND PUT HER,. >> THANK YOU AND MEMBERS OF THE COUNCIL. MY NAME IS MIA, WITH SIERRA CLUB, RIO GRANDE CHAPTER AS WELL. MY COMMENT IS IN REFERENCE TO RESOLUTION R-20-65. WE SUPPORT THIS RESOLUTION BECAUSE MILITARY EQUIPMENT DOES NOT BELONG IN OUR CITIED AND SHOULD NOT BE DEPLOYED ON CITIZENS. CASE STUDIES SHOWN THAT ,000, THAT THIS LEADS TO ESCALATED INCIDENTS AND LEAD TO FATAL OUTCOMES THAT COULD BE AVOIDED. ENDING THIS PROGRAM IS IMPORTANT STEP IN TRANSFORMING POLICING IN ALBUQUERQUE BUT THERE ARE MORE REGENT URGENT RE FOR POLICE ACCOUNTABILITY. >> WE CALL FOR A PERMANENT BAN ON USING ,000, USING MILITARY ET FOR CIVILIAN REINFORCEMENT. WE MUST REINVEST IN COMMUNITIES AND SHARED VISION OF COMMUNITY POLICING AND SAFETY THAT WORKING FOR ALL OF US. I WOULD LIKE TO THANK YOU FOR THIS OPPORTUNITY TO COMMENT. >> MS. ANDERSON, CAN WE CHECK THAT? WE WILL MOVE ONTO OUR NEXT SPEAKER. >> ANITA: YES. GREETINGS AND THANK YOU SO MUCH COUNCILORS FOR THIS OPPORTUNITY TO SPEAK. I AM ORDAINED MISSTEER PART OF THE FAITH COMMUNITY INITIATIVE AND I THANK YOU. I JOIN THE OTHERS IN SAYING THAT WE MUST END AND DISMANTLE MILITARY HARDWARE AND STOP PARTICIPATING IN THE 1033 MILITARY SURPLUS PROGRAM. THANK YOU FOR THIS RESOLUTION BECAUSE I BELIEVE IF THOSE YOUR STOCKPILED AND THEY ARE THERE, THEN THEY WILL BE USED AT SOME POINT AGAINST OUR CITIZENS. I WANT TO SAY IF WE WANT TO BUILD COMMUNITIES OF TRUST BETWEEN THE POLICE AND WITHIN ALL OF OUR COMMUNITIES AND THEIR GOAL TO PROTECT AND SERVE, THEN WE MUST SEE THIS AS A DECLARATION OF WHAT YOU WAR AGAINST CITIZENS. WE NO LONGER WANT MILITARYIZATION OF OUR STREETS. I WANT TO THANK COUNCILLOR BENTON. I SAW IN THE NEWSLETTER AS CHAIR OF THE COMMITTEE OF THE WHOLE BUDGET THAT HE SUPPORTED EXAMINING THE APD BUDGET MORE CLOSELY AND CREATING A DEPARTMENT OF PUBLIC HEALTH AND WELFARE. WE ARE ASKING TO REFUND AND RESTORE MENTAL HEALTH AND SOCIAL PROGRAMS THAT HAVE BEEN DECIMATED DURING FOREMANNER ADMINISTRATIVE ERAS. I WANT TO THANK YOU BECAUSE SUCH CUTS TO PUBLIC SERVICES THAT MIGHT MITIGATE POVERTY AND PROMOTE SOCIAL MOBILITY HAVE BECOME A PERPETUAL EXCUSE FOR POLICING INSTEAD. WE MUST PUT MONEY INTO THESE ALTERNATIVE PROGRAMS. THANK YOU COUNCILLOR BENTON. I STAND WITH 60 FAITH LEADERS AND THOUSAND OF CONSTITUENTS IN OUR COMMUNITY IN SUPPORT OF R-20-65 AS WELL AS COUNCILLOR BENTON, THANK YOU FOR YOUR BUDGET' COUNTABILITY AND TRANSPARENCY AND ASKING TO RESTORE MONEY. >> JOE VALLES: FIRST OF ALL THANK YOU. I THINK YOU KNOW THAT NEIGHBORHOODS ARE HAVING MAJOR PROBLEMS WITH IDO. THIS WEEKEND I WENT BACK AND LOOKED IN MY RECORDS AND I FOUND BRAINSTORMING SESSIONS JANUARY OF 2014, CONSOLIDATED ROUND TABLE, THESE ARE INTEROFFICE MEMOS FROM THE PLANNING DEPARTMENT AND THINGS THAT STAND OUT TO ME WHEN THEY ARGUE IS NO. 1, KEEP NEIGHBORHOODS UNDER CONTROL NAP WAS STATED TWICE. HOW ARE NEIGHBORHOODS HANDLED. WE WANT HIGHER DENSITY AND THIS IS THE CHALLENGE. REBALANCING NEIGHBORHOOD ASSOCIATION INPUT INTO DEVELOPMENT PROCESS, TOO MUCH POWER WITHOUT RESPONSIBILITY, NEED TO EITHER REMOVE FROM THE PROCESS OR GIVE THEM A CHARGE. THEY CAN SAY NO TO A DEVELOPMENT ONLY IF THEY OFFER ANOTHER AREA IN THE NEIGHBORHOOD WHERE IT WOULD BE MORE APPROPRIATE. THEN TO SAY, YES, IF REQUIRE PROOF OF REPRESENTATION OF THE NEIGHBORHOOD. THEY ALSO CAME UP WITH ANOTHER STATEMENT THAT SAYS WE ARE GOING TO TAYLOR MESSAGES TO AUDIENCES. MARCH 5, 2019, LETTER TO MAYOR STATED THIS, TENDING TO OWE OWE OPPONENTS WOULD DO NOTHING MORE THAN -- WE UNDERSTAND FULLY THERE WERE DIFFERENT MEETINGS HELD WITH DEVELOPERS AND SOME WITH NEIGHBORHOODS BUT WHERE DID THIS DEVELOPER FIND ASSURANCE THAT THE IDO SOUGHT TO REGULATE AND CONTROL NIMBISM CONVENIENT USED TO DISCOUNT WHAT IS AT STAKE. THAT IS CALLED COMMUNITY INPUT AND INVOLVEMENT. WE ARE THE ONES THAT LIVE AND PAY FOR WHAT HAS BEEN DONE THROUGH I DO. MY QUESTION IS WHEN WILL YOU BEGIN THE NECESSARY TASK OF MEANINGFULLY BRINGING IN NEIGHBORHOODS AS IMPORTANT STAKEHOLDERS. AFTER ALL, THAT WAS THE COME IS INITIALLY. I AND OTHERS YOUR WILLING TO WORK WITH YOU TO MAKE THIS PROCESS MORE EQUITABLE AND I THANK YOU. I MEAN THAT SINCERELY. WE ARE WILLING TO WORK WITH YOU. >> Coun. Davis: COUNCIL BORREGO HAS A FOLLOW-UP. >> Coun. Borrego: THANK YOU. AND ALSO TO DAN EARLIER, IF YOU SAW OUR LAST LUPZ MEETING I ATTEMPTED TO BUY MORE TIME TO LOOK AT OUR AMENDMENTS AND UNFORTUNATELY THAT DIDN'T PASS SO, I DID MAKE A MOTION TO ASK FOR ANOTHER MONTH, SO THAT WE COULD KIND OF DIGEST ALL THOSE AMENDMENTS. I KNOW THAT THIS IS ON ITS WAY TO COUNCIL. I FULLY INTEND TO ASK FOR THAT DELAY AGAIN. >> VALLES: MY CONCERN IF THROUGHOUT THE CITY, NEIGHBORHOODS ARE LOSING RESPECT FOR THE CITY COUNCIL AND I DO AND PLANNING DEPARTMENT AND HOW THEY PROCESS THE IDO. THAT IS GOING TO BE VERY DIFFICULT FOR THE COUNCIL. >> Coun. Davis: WE ARE NOT ALLOWED TO HAVE THAT BACK AND FORTH DEBATE. WE ENCOURAGE YOU TO CONTINUE THAT CONVERSATION. >> ROGER POWERS: THANK YOU. I PASTOR AT ST. ANDREW AND I JOIN MY CLERGY COLLEAGUES IN SPEAKING IN FAVOR OF RESOLUTION 20-65, THAT WOULD PROHIBIT APD FROM RECEIVING SURPLUS MILITARY EQUIPMENT FOR CIVILIAN LAW ENFORCEMENT. UNDER DOD1033 PROGRAM. THERE ARE TWO PRIMARY MODERATE ELSE OF POLICING. ONE IS MILITARY MODEL OR CRIME FIGHTER. OTHER IS COMMUNITY POLICING MODEL OR SOCIAL PEACEKEEPER. MILITARY OR CRIME FIGHTER, POLICE YOUR SEEN AS SOLDIERS ON THE FRONT LINE OF NEVER ENDING WAR ON CRIME. IT USES COERCIVE USE OF FORCE AS KEY CHARACTERISTIC AND VIEWS GUN AS PRIMARY SYMBOL. NEIGHBORHOODS ARE VIEWED AT COMBAT ZONES AND RESIDENT VIEWED WITH SUSPICION. IN THE COMMUNITY POLICING OR SOCIAL PEACEKEEPER MODEL, POLICE ARE SEEN AS FELLOW CITIZENS WORKING IN PARTNERSHIP WITH THEIR COMMUNITY TO SERVE THE COMMUNITY AND KEEP THE PEACE. EMPHASIS IS PLACED ON THE PREVENTION OF CRIME THROUGH USE OF PERSUASION. PHYSICAL FORCE USED ONLY AS A LAST RESORT AND ONLY MINIMUM NECESSARY. KEY TO COMMUNITY POLICING IS RELATIONSHIP BUILDING WITH MEMBERS OF THE COMMUNITY, OUR VIEWED AS NEIGHBORS RATHER THAN ENEMIES. IF THE COUNCIL WANTS TO SUPPORT THE , THE MILITARY MODE, ALLOW THEM TO RECEIVE THE WEAPONS FROM THE DOD. IF YOU WANT TO SUPPORT THE SHIFT TO COMMUNITY POLICING, VOTE IN FAVOR OF RESOLUTION TWENTY-65 TO PROHIBIT APD OOSPORE ADVERTISE PAYING 'S PARTICIPATION IN THE PROGRAM. EVEN >> JOAN BROWN: THANK YOU. FOR ALL OF THE ITEMS ON THE AGENDA AND HARD WORK AND VERY CHALLENGING TIME. I APPRECIATE MY COLLEAGUES WHO ARE SUPPORTING R-20-65. I ALSO DO. I AM WITH NEW MEXICO -- (INAUDIBLE). I THINK IT IS IMPORTANT TO NOTE THAT WE ARE ALSO IN SUPPORT OF THE CONSERVATION CODE AND GRATEFUL FOR THE REPORT ON CLIMATE AND THAT TASKFORCE THAT IS BEING WORKED ON AND I THINK IT IS POUR TO NOTE THAT ALL OF THESE ARE INTERRELATED CONCERNS THAT REALLY TALK ABOUT OUR COMMUNITIES AND ARE WAYS TO ADDRESS RACISM, ECONOMIC INEQUITY AND VARIOUS OTHER JUSTICE ISSUES. THEY ARE ALL CONNECTED. SOME OF OUR CHALLENGES WITH SYSTEMIC RACISM SPRING FROM OTHERRING, FROM, YOU KNOW, NOT BEING JUST AND EQUITABLE WITH ENERGY, WITH HOUSING, WITH SOCIAL SERVICES, WITH EDUCATION. THOSE YOU'RE THE THINGS THAT WE NEED TO CONTINUE TO PUT OUR CREATIVITY AND RESOURCES INTO. I THINK THAT WILL HELP US TO REALLY BE NEIGHBORS AND CARE FOR ONE ANOTHER IN THIS CITY. THANK YOU FOR R-20-65 AND FOR THE OTHER WORK THAT YOU'RE DOING TO MAKE OUR COMMUNITY ONE OF EQUITABLE CARE AND JUSTICE AND PEACEABLE LIVING WITH ONE ANOTHER. >> Coun. Davis: THANK YOU FOR JOINING US TODAY FOR THE PRESS EVENT FOR OUR COUNCIL MEETING TODAY. GREAT TO HAVE YOU AND OTHER LEADERS WITH YOU. >> JOHN GARCIA: M R. PRESIDENT, MEMBERS OF THE COUNCIL, I AM TRYING TO SET UP MY VIDEO. MAYBE IT IS WORKING NOW. EXECUTIVE VICE PRESIDENT OF THE HOME BUILDERS ASSOCIATION. MY COMMENTS ARE RELATED TO R-20-89, ENERGY CODE. COUNCILLOR BENTON SAID AT THE LAST MEETING YOU ALL WORKED ON ENERGY CODE FOR TO YEARS. WELL, THAT IS NOT SO. R-18-18, WAS TO ESTABLISH A WORKING GROUP, AS FAR AS I KNOW THE WORKING GROUP MET ONCE. NO RECOMMENDATION AND NO FOLLOW-UP MEETING AND THE COUNCILLOR BENTON CHARACTERIZED INDUSTRY AS BUILDING SHODY HOMES. THAT IS NOT TRUE. SOMETHING PASSED YEARS AGO AND ARE BUILDING TO STANDARDS THAT YOU ARE SETTING NOW. FACT IS AND THANK COUNCILOR PENA FOR PUTTING FORWARD R DARK 20-89. WE HAVE NEVER HAD A CODE ADAPTED SO FAST WITHOUT A LOT OF COMMENTS. IT IS A RUSH AND YOU'RE GOING TO PRICE OUT THE BOTTOM OF THE MARKET. AVERAGE COST WILL INCREASE BY 6 TO $10,000. IT HAS PUT THE BURDEN ON THE BOTTOM OF THE MARKET TO PRICE OUT THE MARKET THAT WOULD LOOK FOR AFFORDABLE HOUSING. IF YOU WANT TO FIX THE ENERGY SITUATION HERE, 100% OF THE HOUSING STOCK IS NOT ENERGY EFFICIENT AND YET YOU'RE ONLY ADDRESSING THE SMALL AMOUNT THAT COULD GROW IN THE NEXT 20 YEARS. ALTHOUGH THAT IS IMPORTANT, I THINK WE COULD ALSO LOOK AT EXISTING HOME MARKET AND MAYBE IMPROVE THOSE VALUES, SO, BOTTOM LINE, WE DO SUPPORT COUNCILLOR PENA'S RECOMMENDATION R-20-89 TO HOLD OFF IMPLEMENTATION UNTIL YOU CAN TRAIN INSPECTORS AND TRAIN INDUSTRY AND SUPPLIERS CAN PUT THE WINDOWS THAT NEED TO BE INSTALLED IN PLACE. RIGHT NOW THEY ARE SITTING ON OLD STOCK, CAN'T GET NEW STOCK BECAUSE YOU CAN'T MANUFACTURE WINDOWS, SO, DELAY IS PROBABLY NECESSARY. THANK YOU. >> MARLENE HAS SIGNED IN BUT I DO NOT BELIEVE SHE SIGNED IN. >> PATRICIA WILSON: HELLO. THANK YOU. I'LL BE ADDRESSING THE POOL PROPERTY APPEAL. WE ARE ALL SUFFERING,,. >> Coun. Davis: MS. WILSON, UNFORTUNATELY WE ARE NOT ABLE TO DISCUSS APPEAL FOR THE POOL PROPERTY. AS YOU MAY REQUIRE WE HAVE TO TAKE THAT AS A QUASI JUDICIAL MATTER SO CAN'T TAKE PUBLIC COMMENTS ON THAT. WE ARE NOT ABLE TO HAVE THE COMMENT FOR ZONING MATTERS. WE WELCOME TO YOU HAVE COMMENTS ON ANY OTHER ITEM TONIGHT. IF NOT WE CAN MOVE ONTO OTHER FOLKS. >> I WOULD JUST URGE COUNCILORS TO OPPOSE RESOLUTION 20-89 AND NOT DELAY THE IMPLEMENTATION OF THE 2018 ENERGY CODE WHICH WAS APPROVED AT LAST COUNCIL MEETING. SO, THANK YOU AND I APOLOGIZE FOR MISUNDERSTANDING. >> Coun. Davis: WE ARE GLAD TO HAVE YOU BACK. GREAT TO SEE YOU. THANKS FOR ALL THE WORK THAT YOU DO WITH THE VICTORY HILLS NEIGHBORHOOD. >> Coun. Davis: I BELIEVE I SAW SISTER MARLENE WITH REVEREND BROWN. CAN WE GO BACK TO HER. >> HI. GOOD EVENING. SISTER MARLENE, MERCY SISTER. ONE OF THE BIG ISSUES THAT I WOULD LIKE TO JUST SAY IS THAT THE MILITARYIZATION OF THE POLICE DEPARTMENT HAS TO BE REALLY LOOKED AT. WHEN WE HAVE A TRAINING AND HAVE A MILITARY ARMS, IT GIVES THE SENSE THAT WE ARE AT WAR AND THAT CIVILIANS ARE THE ENEMY. I REALLY SUPPORT WHAT A PREVIOUS SPEAKER SAID, WE MUST LOOK FOR A CIVILIZED AND A CIVIL POLICE FORCE, NEIGHBORHOOD PEACE FORCE AND IT BEHOOVES ALL OF US TO LOOK AT WHERE OUR MONEY IS GOING. PLEASE LOOK AT THAT AS WE LOOK AT THE POLICE FORCE, WHAT IS NEEDED FOR NEIGHBORHOOD LAW ENFORCEMENT. I HOPE WE CAN FIND THAT WE WILL ADDRESS WHITE SUPREMACY, RACISM POVERTY MENTAL ILLNESS AND HELP OUR POLICE PEOPLE TO REALLY HELP US TO HAVE PEACE AND HAVE CRIME GO DOWN AND DOWN AND NO NEED FOR VIOLENCE. THANK YOU. >> Coun. Davis: THANK YOU FOR JOINING US TODAY AS WELL. APOLOGIZE WE SKIPPED YOU EARLIER. WE DIDN'T KNOW YOU WERE THERE. >> OUR LAST SPEAKER I HAVE NOT SEEN HIM SIGN IN YET. >> MS. ANDERSON: CAN YOU HEAR ME? >> Coun. Davis: YES, GO A HEAD. >> LYNN ANDERSON: REPRESENTING COMMERCIAL REAL ESTATE AND DEVELOPMENT ASSOCIATION. THE CONSTRUCTION AND REAL ESTATE INDUSTRY THANK COUNCILOR PENA FOR INTRODUCTIONS OF R-TWENTY-89 RAISING NEED FOR A PHASE IN PERIOD FOR ACCLIMATING TO THE TWENTY 18 INTERNATIONAL ENERGY CODE. IN MY 25 YEARS AS THE PRESIDENT, I HAVE NEVER SEEN A CODE IMPLEMENTED IN LESS THAN SIX MONTHS FROM ENACTMENT. IN FACT BASED ON THE INFORMATION I COULD FIND NO MUNICIPALITY OR STATE IMPLEMENTS A CODE WITHIN A MONTH. THE PROBABLE RESULTS OF THAT ARE CONFUSION,' ADDITIONAL COST TO EXISTING OR PLANNED PROJECTS, PURELY TRAINED CREWS AND INSPECTORS AS WELLING AS CANCELLED PROJECT THE AND LAWSUITS. THIS IS OVER 200 PAGE IS OF TECHNICAL INFORMATION. HERE ARE A FEW IMPACTS ON ABQ BUSINESSES IF THIS CODE GOES INTO EFFECT IMMEDIATELY. LOCAL SUPPLIERS WILL HAVE TO EAT THEIR EXISTING INVENTORY AND VERY CONCERNED ABOUT FINDING SOME OF THE NEWLY REQUIRED EQUIPMENT, WINDOWS, LIGHTS, ET CETERA. SUPPLY CHAINS HAVE BEEN SERIOUSLY IMPACTED BY COVID-19. PRIVATE SECTOR COMPANIES IN THE CITY NEED TIME FOR IN-DEPTH TRAINING 4 CREWS, PLANNERS ARCHITECTS TRADES PEOPLE. >> THE CITY'S PROCESS MAY HAVE TO GO BACK TO THE DRAWING BOARD OR BANGS OR INVESTORS, KILLING PROJECTS. >> ADDED COSTSER INEVITABLE. LUMBER IS NOW UP 30% 4 STICK BUILT HOMES AND SMALL COMMERCIAL PROJECTS IN ALBUQUERQUE. PLEASE GIVE BUYERS, RENTERS, BUILDERS AND DEVELOPERS TIME TO ADJUST. SIX MONTHS IS REASONABLE ESPECIALLY WITH ALL OTHER PROBLEMS FROM COVID-19 FACING BUSINESSES. BOTTOM LINE, NONE OF THIS IS A ROLL-BACK ON THE ENERGY REGULATIONS IN THE CODE. IT IS SIMPLY ALLOWING BUSINESSES TO LEARN THIS CODE AND DO IT WELL. THANK YOU. >> THAT CONCLUDES PUBLIC COMMENT. >> Coun. Davis: THANK YOU. WE ARE GOING TO TRY TO KEEP THAT AS A REGULAR PART OF THE PROCESS. SO PEOPLE INTERESTED IN FUTURE ISSUES, PLEASE NOTE WE WILL PUT OUT THAT SIGN UP WITH AGENDA ON FRIDAY AND WE'LL TAKE THE FIRST 15 OR SO PEOPLE WHO SIGN UP. EITHER BY PHONE OR ZOOM TO ACCOMMODATE YOU FOR PUBLIC COMMENTS. CONTINUE TO OFFER COMMENTS BY EMAIL OR SNAIL MAIL. FOR THOSE FOLLOWING ALONG AND TRYING TO PLAN YOUR EVENING, I THINK IT IS GOING TO BE A LONG ONE. WE ARE GOING TO DO PUBLIC HEARINGS REALLY QUICKLY. THEN I ANTICIPATE THAT WE'LL DO ADMINISTRATIVE THINGS REGARDING AGENDA AND PROBABLY TAKE A BREAK BEFORE WE GET TO, ACTUALLY COUNCILORS, IF IT IS OKAY, MAYBE WE SHOULD DO ADMINISTRATION Q AND A RIGHT NOW. I KNOW WE HAVE DEPARTMENT DIRECTORS THAT MIGHT BE STANDING BY FOR THAT. WE'LL LET THEM LEAVE. I THINK WHAT I WANT TO DO WHILE MR. MOYA MOVES PUBLIC COMMENTERS OUT IS OPEN THE FLOOR FOR ADMINISTRATION Q AND A. THEN ADMINISTRATIVE HAIRING AND TAKE A BREAK AFTER THAT. COUNCILOR BASSAN YOU HAVE QUESTIONS. CAN YOU GET US STATESSED IF WE CAN FIND ADMINISTRATION AND GET THEM BACK. I SEE COUNCILOR BASSAN AND BORREGO. >> Councilor Bassan: THANK YOU. MY APOLOGIES IN ADVANCE. I HAVE SEVERAL QUESTIONS THAT HAVE COME UP THROUGHOUT THE WEEK GIVEN DIFFERENT ARTICLES IN THE PAPER. I HAVE BEEN RECEIVING A LOT OF, FOR PARKS AND REC. I HAVE CONVERSATIONS REGARDING TRASH PICK UP IN VARIOUS PARKS. I WANT TO KNOW BECAUSE HE HAS BEEN RESPONSIVE AND QUICK. I DON'T KNOW IF I NEED TO, WE NEED TO ASSESS SOMETHING ELSE IF THERE IS A SHORTAGE WITH STAFF. I HAVE HAD A CONSTITUENT SAYING THAT 311 DIRECTOR HER TO EMPTY THE GARBAGE HER OWN AT CITY PARKS. I HAVE HAD PROBABLY AT LEAST FOUR OUR FIVE CONSTITUENTS REACH OUT SAYING IT IS A PROBLEM. IS THERE SOMETHING WE NEED TO RESTRUCTURE TO GET STAFFING BETTER OUT THERE? >> RAEL: PARDON ME FOR NOT BEING HERE AT BEGINNING OF YOUR QUESTION. SOLID WASTE AND PARKS ARE WORKING ON COLLABORATIVE TO DEAL WITH THIS WITH SUCH HIGH USE IN THE PARKS, THERE HAS BEEN SOME CONFUSION ABOUT INFORMATION GOING TO FOLKS OUT THERE. SO, IF YOU WOULDN'T MIND DAY OF SIMON I THINK MAY BE RETURNING HERE. I WILL HAVE HIM GIVE YOU A MORE DETAILED ANSWER AND WE WILL MAKE SURE WE TALK TO 311 TO ENSURE WE ARE NOT GIVING PEOPLE THE WRONG INFORMATION. THAT DOESN'T SOUND LIKE THE RIGHT CALL TO MAKES A IT RELATES TO THE SITUATION. >> Councilor Bassan: THANK YOU. AGAIN I WANT TO STRESS DIRECTOR SIMON HAS BEEN WONDERFUL AND RESPONSIVE. I WILL MOVE ON. APPRECIATE IT. WHAT IS ADMINISTRATION'S POLICY REGARDING CITY EMPLOYEES BRINGING PETS TO WORK WITH THEM WHEN NOT REGISTERED SERVICE ANIMALS. IS IT APPROPRIATE (INAUDIBLE). >> THANK YOU COUNCIL PRESIDENT DAVIS. COUNCILOR I AM HAPPY TO GET BACK TO IF YOU THERE IS A WRITTEN POLICY REGARDING CITY EMPLOYEE PETS THAT ARE NOT SERVICE ANIMALS. I KNOW THERE ARE BUILDING BY BUILDING RESTRICTIONS ON ANIMALS. HAPPY TO GET BACK TO YOU. NO ONE NEVER ASKED ME THAT BEFORE. >> IT SEEMS TO BE BECOMING A PUBLIC ISSUE. I HAVE SEVERAL QUESTIONS THAT ARE AGAIN THINGS THAT HAVE BEEN IN THE UP IN IN THE UP IN. >> ALBUQUERQUE POLICE CONDUCTED SURVEY WITH OVER 400 RESPONSES AND RESULTS SHOWED 95% OF THOSE OFFICERS FEEL UNSUPPORTED BY ADMINISTRATION AND COUNCIL. WHAT IS BEING DONE IN ADMINISTRATION OFFICE TO COMBAT THIS SHOCKING DROP OF OFFICER MORALE? >> COUNCIL PRESIDENT DAVIS AND COUNCILOR BASSAN. WAS THAT DIRECTED TOWARDS MAYOR'S OFFICE OR APD ADMINISTRATION. >> Councilor Bassan: THE MAYOR'S OFFICE. >> THANK YOU. WE ARE AWARE OF THE SURVEY OF LESS THAN HALF OF THE OFFICERS IN THE APD AND WE WORK CLOSELY WITH THE CHIEF OF POLICE AND ENTIRE COMMAND STAFFS WHO PRIMARY RESPONSIBILITY IT IS TO MAKE SURE THEY UNDERSTAND THE CONCERNS OF THEIR WORKFORCE AND ARE ADDRESSING THEM AND BRINGING THEM TO OUR ATTENTION WHEN APPROPRIATE. >> Councilor Bassan: I HAVE A FEW MORE. I'LL ROLL THROUGH THEM. ACCORDING TO ARTICLES IN THE ALBUQUERQUE JOURNAL CHIEF GEIER REQUESTED AN INVESTIGATION ENGAGING IN CONDUCT THAT REFLECTS POORLY ON THE DEPARTMENT, FAILING TO SAFEGUARD DEPARTMENT PROPERTY. THE CHIEF SIGNATURES STAMP WAS REPORTEDLY USED WITHOUT APPROVAL TO BUY A PERSONAL COMPUTER AND THAT HAD NO APPARENT USE FOR WORK AND WAS REPORTEDLY NEVER RETURNED. MR. AGUILAR STATED DURING ROUTINE APD ADMINISTRATIVE INVESTIGATIONS WHETHER EMPLOYEES FOLLOWED POLICIES, TEMPORARY REASSIGNMENT OF EMPLOYEE IS COMMON OPTION TO PROTECT BOTH SIDES DURING INVESTIGATION AND NOT RETALIATORY. FIRST QUESTION REGARDING THAT IS APPROPRIATE AND CUSTOMARY TO USE SIGNATURE STAMPS TO SIGN OFFICIAL DOCUMENTS? >> COUNCIL PRESIDENT DAVIS, COUNCILOR BASSAN, LET ME UNPACK THAT FOR A MINUTE. THERE ARE SEVERAL ALLEGATIONS ABOUT THE USE OF THE CHIEF'S SIGNATURE STAMP OR HIS INITIAL STAMP. I AM NOT SURE WHICH THOSE ARE. ALL OF THOSE ALLEGATIONS ARE UNDER INVESTIGATION AT INTERNAL AFFAIRS LEVEL, PROFESSIONAL STANDARD WITHIN APD. SO, WE WOULD NOT DISCUSS THAT UNTIL THE RESULTS OF THAT INVESTIGATION YOUR COMPLETE AND THOSE ARE MADE PUBLIC. I UNDERSTAND THAT THE PRESS HAS PRINTED A VARIETY OF ALLEGATIONS MADE BY ADMINISTRATIVE ASSISTANT AND BY THE CHIEF HIMSELF BUT WE'RE NOT TAKING ANY POSITION ON THAT UNTIL INVESTIGATION IS COMPLETE. THAT WOULD BE IMPROPER. TO THE EXTENT YOU ASKED ABOUT MY STAMP, I DON'T HAVE A STAMP AND I DON'T BELIEVE THE MAYOR DOES EITHER. >> Councilor Bassan: GOOD TO HEAR. IN REGARDS TO TAKING A STAND ON THAT AND I DON'T KNOW, FROM SOME OF THESE ALLEGATIONS HAVE ALL PARTIES INVOLVED IN THIS SAME ADMINISTRATIVE INVESTIGATION BEEN PLACED ON LEAVE? >> COUNCIL PRESIDENT DAVIS, STEVE IS NOT WITH US TONIGHT. BUT, DEPUTY CITY ATTORNEY IS HERE AND SHE CAN SPEAK TO ADMINISTRATIVE LEAVE. TO BE CLEAR ADMINISTRATIVE ASSISTANT IN THE POLICE DEPARTMENT WAS PUT ON TRANSFER, NOT A LEAVE, SO THAT MEANS HE WORKS OUT OF A DIFFERENT PLACE AS OPPOSED TO YOU'RE AT HOME. I AM NOT SURE OF THE STATUS OF THE CHIEF OF STAFF. THAT WOULD BE THE CHIEF'S DECISION. DO YOU WANT TO ADD ANYTHING? >> COUNCILMEMBER, I THINK IT IS VERY FACT DEPENDENT ON WHETHER SOMEBODY IS MOVED OR UNDER WHAT CIRCUMSTANCES PEOPLE ARE MOVED. SO, WHAT WE LOOK AT GENERALLY AND FROM WORK WITH HUMAN RESOURCES IS WHAT ABOUT THE PERSON DO, EMPLOYEE DO. IS THAT TRANSFERABLE TO SOMEWHERE ELSE? AND ALSO GETTING THEM INTO, YOU KNOW, A SITUATION THAT MAY NOT BE, FOR EXAMPLE, A HARASSMENT INVESTIGATION, IF SOMEBODY IS MAKING AN ALLEGATION WOULD YOU WANT TO GET THEM MOVED. MANY TIMES PEOPLE ACTUALLY REQUEST THAT. SO IT IS FACTS DEPENDENT AND THERE IS USUALLY A LEGAL ANALYSIS THAT GOES ALONG WITH THAT. >> Councilor Bassan: IT SURE SEEMS, IT APPEARS THIS TRANSFER COULD APPEAR AS RETALIATION TO A LOT OF CONSTITUENTS AND PEOPLE IN ALBUQUERQUE, PARTICULARLY IF BOTH PARTIES INVOLVED ARE NOT TRANSFERRED TO ANOTHER SECTION OR DEPARTMENT OR PUT ON LEAVE TO HAVE FAIR AND EQUITABLE ACCOUNTABILITY. THIS FAILURE TO PROTECT SOMEBODY DOING SOMETHING HONEST, ENDS UP SO THAT OTHER PEOPLE AREN'T INTERESTED IN WILLING TO COME FORWARD AND DO ANYTHING HONEST AND GO TO THEIR SUPERIORS IN ORDER FOR CLARIFICATION. I GUESS I AM WONDERING WHY WAS THE DECISION MADE TO TRANSFER THIS EMPLOYEE TO ANOTHER DEPARTMENT WHILE THE ADMINISTRATIVE INVESTIGATION WAS UNDER WAY WHEN IT SHOULD BE -- I GUESS I AM CONFUSED WHY IT IS CHIEF'S JOB ON ONE HAND AND MS. NAIR ON THE OTHER. CAN YOU PLEASE CLARIFY. >> NAIR: I'LL LEAVE MOST OF THAT TO SAMANTHA JUST TO BE CLEAR, I SIGN A LOT OF THOSE MEMOS BUT IT IS NEVER MY OWN IDEA. I HAVE TO TAKE THAT RECOMMENDATION FROM THE DEPARTMENT. GO AHEAD. >> SAMANTHA: MANY TIMES M S. NAIR IS CORRECT, WE ARE DISCUSSING ISSUES WITH THE DIRECTOR WHICH IN THIS CASE WOULD BE THE CHIEF ABOUT WHAT IS THE BEST THING FOR THE DEPARTMENT AND THEN THAT RECOMMENDATION GOES TO MS. NEW MEXICO AIR FOR HER SIGNATURE. >> IT SEEMS NUMBERS OF APD ARE GOING AROUND THE CHIEF AND ADMINISTRATION MAY OR MAY NOT LACK CONFIDENCE IN THE EFFECTIVENESS OF CHIEF GEIER'S LEADERSHIP. HE IS IN CONTROL OF OPERATIONS OR DOES CHAIN OF COMMAND GO DIRECTLY AROUND HIM TO THE ADMINISTRATION DEPENDING ON THE QUESTIONS ASKED? >> NAIR: YEAH, I READ THAT BLOG TOO. I THINK THAT THE CLEAREST ANSWER IS HE IS STILL THE CHIEF AND HE IS RESPONSIBLE FOR THE ACTIONS AND THE WORK AT APD AND I THINK HE MADE IT PERFECTLY CLEAR IN SOME OF THE THINGS AND ARTICLES YOU ARE CITING THAT HE IS CLEARLY RUNNING THE DEPARTMENT AND INTENDS TO KEEP IT THAT WAY. >> Comm. Barela: THANK YOU. I THINK HE DID MAKE IT CLEAR BUT HE SAID THIS IS NOTHING MOSH THAN WATER COOLER TALK AND I KIND OF WONDER ABOUT THAT AS WELL. I AM ALL DONE. >> COUNCIL BORREGO, I SEE COUNCILLOR PENA IS BACK AND THEN COUNCILLOR HARRIS. >> Coun. Borrego: THANK YOU. >> QUESTIONS THAT I HAVE FOR THE ADMINISTRATION, FIRST OF ALL, ONE IS REGARDING ANIMAL CONTROL. AND I DON'T KNOW IF THERE IS ANYONE THAT IS AVAILABLE TO ANSWER. >> WE TRY TO MAKE FOLKS AVAILABLE WHEN WE KNOW ABOUT THE QUESTIONS. IN THE MEANTIME, CO RAEL CAN ANSWER FOR YOU. >> Coun. Borrego: I WAS TRYING TO HELP A FRIEND LOOK FOR AND ADOPT A PET AND WE WENT TO THE CITY WEBSITE AND REALLY THIS IS MORE OF A COMMENT THAN, YOU KNOW, A QUESTION, I GUESS. WE REALLY HAD A HARD TIME FINDING AN NAVIGATING THAT WEBSITE IN TERMS OF FINDING WHERE WE COULD ACTUALLY LOOK AT THE PETS AND TRY TO DETERMINE HOW, WHAT WAS AVAILABLE AND THERE WAS SOME LEVEL OF FRUSTRATION AND I (INAUDIBLE) I THINK WE ARE BOTH PRETTY SAVVY IN TERMS OF COMPUTERS BUT I WANTED TO MAKE THAT COMMENT BECAUSE IN A TIME WHERE WE HAVE COVID-19 AND PEOPLE ARE SURRENDERING PETS AND THERE ARE PEOPLE THAT YOU ARE ADOPTING PETS. THEY ARE, YOU KNOW, LOOKING FOR COMPANIONSHIP OTHER WHATEVER. I THINK ITS REALLY IMPORTANT THAT OUR WEBSITES, IF YOU GO TO THAT WEBSITE, IMMEDIATELY YOU ARE ABLE TO FIND THAT LINK TO LOOK AT WHAT PETS ARE AVAILABLE. AND SOMETHING SOMETHING SIMPLET SHOWS THE HOURS AND DETERMINE WHAT IS EASIEST ROUTE TO DO A PET ADOPTION. I WOULD ENCOURAGE YOU ALL TO LOOK AT THAT WEBSITE I KNOW YOU HAVE A FAIRLY NEW DIRECTOR BECAUSE I SPOKE WITH HER. WE HAD A ZOOM MEETING AND SHE SEEMS LIKE A LOVELY PERSON BUT IF PEOPLE CAN'T FIND THEIR WAY AROUND TO NAVIGATE EASILY, YOU KNOW, I THINK THAT WE ARE DOING A DISSERVICE TO OUR PETS. I KNOW WE WANT THEM ALL TO BE ON ADOPTED. THAT IS NOT A QUESTION BUT A COMMENT. I DON'T KNOW IF YOU WANT TO RESPOND TO THAT OR NOT. WE WERE REALLY KIND OF SUCCESSFUL WITH SOLID WASTE AND WHEN I BROUGHT THAT ISSUE UP, SO, MAYBE THIS IS ANOTHER ISSUE THAT I WOULD LIKE TO HAVE LOOKED AT. >> RAEL: BE HAPPY TO LOOK INTO THIS AND LOOK AT WEBSITE AND VISIT WITH NEW DIRECTOR TO ENSURE THAT IT IS USER FRIENDLY. YOUR PERSPECTIVE AS IT RELATES TO THE CURRENT TIME DOES REALLY RESONATE WITH THE FACT THAT PEOPLE SHOULD HAVE EASIER TIME NAVIGATING SYSTEM. WE'LL LOOK TO THAT AND MAKE CHANGES AND GET BACK WITH YOU. >> Coun. Borrego: I APPRECIATE ALL THE COMMENTARY REGARDING APD. THAT IS MY SECOND ISSUE. I WALLING RECENTLY TALKING TO SOMEONE WHO I KNOW THAT WAS INVOLVED WITH WHAT USED TO BE SAFE CITY STRIKE FORCE. ONE OF THE EMPLOYEES FROM CODE ENFORCEMENT WHO IS NOW RETIRED. WE WERE TALKING ABOUT WHEN THE SAFE CITY STRIKE FORCE WAS IMPLEMENTED AND HOW IT USED TO WORK. I GUESS, NOW, THAT IS ADAPT. I WOULD LIKE TO HAVE A REPORT FOR HOW ADAPT IS FUNCTIONING. SO, I AM MAKING A FORMAL REQUEST TO HAVE THAT REPORT SPENT TO MY OFFICE. >> NAIR: HAPPY TO DO THAT. YOU'LL FIND SOME ADAPT UPDATES IN THE MONTHLY REPORT BUT WE HAVE A LOT OF REPORTS OUT OF THERE AND YOUR RIGHT, AFTER SAFE CITY STRIKE FORCE RAN INTO LEGAL PROBLEMS, IT WAS KIND OF FLAT LINE WHEN WE GOT HERE AND SO IT TRANSFORMED INTO ADAPT WHICH USE AS NEUTRAL POINTS PROGRAM TO AVOID THOSE PROBLEMS THAT WE HAD IN EARLIER ITERATIONS. IS THERE WAS A TIME WHEN WE HAD OFFICERS IN THE NEIGHBORHOODS AND THAT WAS UNDER THE SAFE CITY STRIKE FORCE AND IT WAS PRETTY SUCCESSFUL. AND I THINK THAT THIS IS AN AREA THAT I WOULD REALLY LIKE TO TAKE A LOOK AT TO SEE IF WE CAN, AND NOT NECESSARILY RECREATE THAT ORGANIZATION THAT USED TO EXIST BUT HOW WE COULD MAYBE, YOU KNOW -- I HAVE HAD DISCUSSIONED WITH COUNCILOR DAVIS. THERE IS A LOT OF IDEAS FLOATING AROUND HOW WE RESTRUCTURE THE POLICE DEPARTMENT AND HAVING BEEN A FORMER CITY EMPLOYEE AND UNDERSTANDING HOW DEPARTMENTS WORK, IT IS NOT ALWAYS EASY TO CHANGE THE TITANIC. YOU KNOW, SO, I AM LOOKING AT OTHER IDEAS WHICH ONCE WE FORMULATED THOSE IDEAS, I WOULD LIKE TO SIT DOWN WITH ADMINISTRATION BUT I AKIND OF LOOKING AT THE PIECES RIGHT NOW AND I WOULD DEFINITELY APPRECIATE HAVING THAT REPORT ON MY DESK AS SOON AS POSSIBLE. >> NAIR: ABSOLUTELY. YOU KNOW WE HAVE A GREAT EXAMPLE OF THIS GOING ON ACTUALLY TODAY AT RISING PHOENIX AMOUNTS WHICH COUNCILOR DAVIS AND POSSIBLY OTHER COUNCILORS ARE QUITE FAMILIAR WITH AT THIS POINT. THAT HAS BEEN AN EYE SORE, NEGLECTED DIFFICULT PROPERTY AND TODAY WE HAD A JOINT EFFORT BY THE FIRE MARSHALS' OFFICE ADAPT PLANNING TO MAKE SURE PEOPLE WERE SAFERLY ABLE TO LEAVE THAT PROPERTY SO THAT IT COULD BE BROUGHT UP TO CODE, BUT THEY WERE OFFERED SOCIAL SERVICES THAT LANDLORDS WERE DOING WHAT THEY WERE SUPPOSED TO DO IN TERMS OF GETTING THOSE FOLKS INTO HOUSING. WE ARE ON THE SAME PAGE IN TERMS OF ALL THESE PIECES OF COMMUNITY POLICING AND NUISANCE ABATEMENT GOING HAND IN HAND. >> Coun. Borrego: I APPRECIATE 80 THE PRESENTATION THAT YOU GAVE AT THE PUBLIC SAFETY COMMITTEE MEETING AND, YOU KNOW, HAVING HEARD THAT PRESENTATION AND HAVING THOUGHT ABOUT IT, QUITE A BIT, AND THAT IS WHY I SAID, IT IS KIND OF SOMETIMES HARD TO TURN THE TIDE ON THE E ON THE TITANI. >> SOMETIMES WE NEED TO LOOK AT WITH DWINDLING RESOURCES, WE NEED TO LOOK AT HOW DO WE IMPROVE PROGRAMS OR REORGANIZE SOME OF THE PROGRAMS THAT WE ALREADY HAVE AND MAKE THEM BETTER. IMPROVE THEM. AND MAKE THEM EFFECTIVE. BECAUSE, REALLY, THAT IS WHAT WE ARE GOING TO BE LOOKING AT WITH DWINDLING RESOURCES IS WHAT PROGRAMS CAN BE EFFECTIVE. SO THAT IS WHY I AM LOOKING AT THE DIFFERENT PIECES. WITH THAT SAID, THANK YOU COUNCIL PRESIDENT. >> Coun. Pena: I ACTUALLY THINK COUNCILLOR HARRIS WAS BEFORE ME. I'LL DEFER TO HIM. >> Coun. Harris: THIS IS SHORT. DIRECTOR SIMON, DID HE COME BACK YET? >> RAEL: I DON'T BELIEVE THAT HE HAS COME BACK SO APOLOGIZE. I CAN RELAY ANY MESSAGE. >> Coun. Harris: ABOUT A MONTH OR SO AGO -- >> Coun. Davis: HE IS WITH US. >> Coun. Harris: THERE HE IS. QUESTION FROM BEFORE THAT I THINK THE GOVERNOR WAS ALLY ONING LAPEL CAMERA SWIMMING AT ALLY ONING LAP SWIMMING AT POOLS. >> WE HAVE WORKED OUT ALL OF THE SAFE PRACTICES WITH SCUBA INSTRUCTION ORGANIZATIONS AND I BELIEVE SCUBA HAS BEEN NOW BACK IN THE POOL SINCE AUGUST 8. THE. >> Coun. Harris: THANK YOU, THAT IS IT. >> Coun. Davis: THAT WAS QUICK, A GREAT MODEL FOR ALL OF US. >> Coun. Pena: THIS IS MORE I GUESS COMMENTARY. I JUST WANTED TO SAY THAT, YOU KNOW, AS EVERYONE KNOWS THERE WERE TWO DEATHS OF TWO GENTLEMEN THIS PAST WEEK OF APD AND I WANTED TO SAY THAT I WANT TO RESERVE MY THOUGHTS AND COMMENTS UNTIL I HAVE MORE INFORMATION, UNTIL THERE IS A THOROUGH INVESTIGATION, BUT I JUST REALLY WANT TO, YOU KNOW, TALK ABOUT ONE OF THE GENTLEMEN, I DON'T KNOW THE OTHER, BUT, JOSE, HE WAS A RELATIVE. HE IS MY HUSBAND'S COUSIN. I DON'T KNOW WHAT TRANSPIRED. I DON'T KNOW WHAT LED TO THE EVENTS OF THAT EVENING BUT I JUST DO WANT THE PUBLIC TO KNOW THAT HE WAS A GOODMAN. HE WAS SUFFERING FROM CANCER, HE WAS GETTING TREATMENT ONCE A MONTH. HE HAS TWO DAUGHTERS, TWO SONS, FOUR DAUGHTERS. HE IS A SKILLED TRADESMEN, PLUMBING HEATING SCHOOLING. AVID HUNTER, ENJOYED HIS FAMILY. HE WAS AN AMAZING INDIVIDUAL WHO IS SUPPOSED TO BE AT OUR HOUSE TO CHECK THE REFRIGERATE ATHE EVENING THIS HAPPENED. SO, YOU KNOW, I JUST REALLY WANT EVERYONE TO KNOW HE WAS A WONDERFUL FAMILY MAN AND I AM GOING TO RESERVE MY COMMENTS AND THOUGHTS UNTIL WE HAVE ALL THE INFORMATION BUT I JUST WANTED TO SHARE THAT. SO, THANK YOU. >> Coun. Davis: THANK YOU. HARD TO SHARE THOSE PERSONAL STORIES. >> Coun. Jones: APPRECIATE THE TIME. MS. NAIR, I THINK THESE QUESTIONS ARE PROBABILITYY OF YOU. IF YOU WILL REMEMBER, THE DAY AFTER THE MAJOR DESTRUCTION ON CENTRAL, WHEN THERE WAS A PRESS CONFERENCE THE MAYOR MADE IT CLEAR THAT YOU YOU'RE THE CITIZEN, NOT SWORN OFFICER, BUT THE PERSON IN CHARGE OF APD. MY QUESTIONS AND YOU DON'T HAVE THESE OFF THE TOP OF YOUR HEAD BUT I WOULD CERTAINLY LIKE ANSWERS. HOW MANY SWORN OFFICER DOES WE ACTUALLY HAVE? HOW MANY OF THOSE ARE WORKING DOJ CASA? HOW MANY OFFICERS DO WE HAVE ON THE STREET? AND HOW MANY DO WE IN THE DIFFERENT AREA COMMANDS? ARE WE FULLY STAFFED? DO WE HAVE ENOUGH EQUIPMENT? AND IT SEEMS THAT THE CITIZENS WITH WHOM I SPEAK ARE ALWAYS CONCERNED THAT THE TIME FOR A POLICER TO RESPOND IS FAR TOO LONG WHICH I CAN UNDERSTAND IF WE ARE UNDER STAFFED. WHAT ARE WE DOING, HOW MANY YOUR IN THE NEW CLASS. I WOULD LIKE TO HAVE SOME ACTUAL NUMBERS ON WHO IS DOING WHAT, HOW MANY, AND WHAT DO WE HAVE AS FAR AS CHAIN OF COMMAND IN OUR DIFFERENT COMMAND AREAS. MY DISTRICT WORKS WITH A COUPLE OF COMMANDS AND IT SEEMS THAT WE ARE SHORTHANDED IN ALMOST EVERY AREA. SO, IF I COULD ASK YOU, PLEASE, TO GIVE US A REPORT ON THAT, MAYBE, NOT AT THE NEXT MEETING IF YOU CAN'T MAKE THAT HAPPEN BUT SURELY BY THE FOLLOWING MEETING, IF YOU WOULD PLEASE. >> NAIR: YES, OF COURSE. I KNOW YOU'RE FAMILIAR WITH HOW ORG CHART WORKS HERE AND THE HAPPY TO PROVIDE THAT INFO. I THINK IT HAS BEEN AT LEAST SIX MONTHS SINCE WE GAVE YOU THE BREAK DOWN, WHO IS IN THE FIELD, WHO IS IN INVESTIGATIONS. I DO FEEL CONFIDENT SAYING IN GENERAL WE ARE NOT FULLY STAFFED. WE SET A GOAL OF REACHING 1200 OFFICERS BEFORE THE MAYOR TOOK OFFICE AND UNTIL THERE IS A MORE UPDATED STAFFING STUDY THAT CONTINUES TO BE OUR GOAL. I UNDERSTAND THAT I THINK THE COUNCIL MAY HAVE ASKED FOR ANOTHER STAFFING STUDY. COUNCILOR DAVIS IS GIVING ME THUMBS UP. IF THAT CHANGES ARE PERSPECTIVE ON THAT COLLECTIVELY, THEN, WE'LL KNOW AT THAT TIME BUT IN TERMS OF BEING FULLY STAFFED I CAN SAY WITH CONFIDENCE WE ARE NOT. HAPPY TO PROVIDE THAT REPORT AT THE NEXT MEETING WHICH IS, I THINK, A LITTLE BIT INTO SEPTEMBER. SHOULD BE PLENTY OF TIME. >> Coun. Jones: ONE MORE QUESTION. I WOULD LIKE ALSO A REPORT ON THE NUMBER OF OFFICERS WHO PUT IN FOR RETIREMENT IN THE LAST SIX MONTHS PERHAPS. >> NAIR: ABSOLUTELY. >> Coun. Jones: THANK YOU. >> Coun. Davis: COUNCILORS LAST CALL FOR QUESTIONS, ADMINISTRATION Q AND A. I SHOULD HAVE STARTED OUT WITH MR. RAEL AND MS. NAIR. APOLOGIZE TO CHANGING IT AROUND. THANKS FOR ROLLING WITH US. AT THIS POINT WE ARE GOING TO MOVE TO PUBLIC HEARINGS. AND THE IN TONIGHT'S PUBLIC HEARING IS ITEM 12A. AC27. JOHN CAMPBELL AGENT FOR MIKE GILL WHO APPEAL BUILDING PERMIT FOR A PROPERTY IN NORTHWEST ALBUQUERQUE. GIVE US A BRIEF INTRODUCTION ON THEN THE OPTIONS AVAILABLE AND WE'LL GO TO COUNCILORS FOR DISCUSSION. >> THIS MATTER AC-20 IS BEFORE YOU FOR, AC27 ACCEPTANCE OR REJECTION OF LAND USE HEARING OFFICER. THIS DEALS WITH PROPERTY LOCATED IN THE VOLCANO CLIFFS SUBDIVISION ON THE WESTSIDE. THAT PARTICULAR AREA IS SUBJECT TO A VIEW PROTECTION OVERLAY KNOWN IN THE I DO AS VPO TWO. PLANNING DEPARTMENT APPROVED A BUILDING PERMIT IN THAT SUBDIVISION THAT RESULTS IN EFFECTIVE MAXIMUM BUILDING HEIGHT OF APPROXIMATELY 18 FEET ABOVE WHAT IS DEFINED AS NATURAL GRADE IN THE IDO, HOWEVER IT LIMITS BUILDING HEIGHT IN THAT AREA TO 15 FEET ABOVE NATURAL GRADE. THAT APPROVAL WAS MADE IN ORDER TO TRY TO ADDRESS DRAINAGE ISSUES. SPECIFICALLY THIS IS ONE OF SEVERAL LOTS THAT SITS BELOW THE DRIVE, THE ROAD IT FRONT. AND SOME AMOUNT OF BACKFILL WAS REQUIRED IN ORDER TO GET POSITIVE DRAINAGE TO THE STREET WITH THAT BACKFILL IN PLACE THE ACTUAL STRUCTURE HEIGHT IS DIMINISHED BY AMOUNT OF BACKFILL REQUIRED. IT WAS APPROXIMATELY THREE FEET. APPLYING I DO ON ITS TERMS WOULD HAVE LIMITED MAXIMUM STRUCTURE AT THIS LOCATION TO APPROXIMATELY 12 AND A HALF FEET. BUT THE PLANNING DEPARTMENT WENT AHEAD AND APPROVED IT AT 15 FEET. THAT DECISION WAS APPEAL TO CITY COUNCIL WHO REFERRED TO LAND USE HEARING OFFICER. OFFICER IDENTIFIED THAT THE IDO DOES NOT ACTUALLY ALLOW ADMINISTRATIVE DEVIATIONS ALTHOUGH IT APPEARS TO HAVE BEEN WELL INTENDED BY THE PLANNING DEPARTMENT GIVEN PRACTICAL LIMITATIONS. I DO DOES REQUIRE THIS TYPE APPROVAL GO THROUGH IN-ENVIRONMENTAL PLANNING DIVISION. LAND USE HEARING OFFICER RECOMMENDING THAT HEIGHT DEVIATION ANDOR BE REVERSED SO APPROPRIATE PROCESS CAN BE FOLLOWED. THAT PROCESS BEING THAT REQUEST BE SUBMITTED TO ENVIRONMENTAL PLANNING COMMISSION. YOU WILL NOT HEAR FROM THE PARTIES. IT IS BEFORE YOU FOR ACCEPTING OR REJECTING THE RECOMMENDATION. IF YOU HAVE QUESTIONS I'LL DO MY BEST TO TRY TO ANSWER. IF YOU END UP NOT ACCEPTING RECOMMENDATION THEN WE CAN SCHEDULE THIS MATTER FOR FULL HEARING AT A LATER TIME. >> Coun. Davis: WE'LL USE HANDS UP BUTTON. >> Coun. Jones: THANK YOU. MR. MELENDRES I THINK YOUR REPORT WAS FAIRLY CLEAR ON THE FLEXIBILITY WE HAVE. I BELIEVE OUR LUHO GAVE US A GOOD EXPLANATION OF WHAT AND WHY AND WHERE. SO, WITH THAT, I WILL MAKE A MOTION ON THIS BUT I AM CERTAINLY GOING TO ALLOW THE OTHER COUNCILOR TO SPEAK FIRST, IF THEY WOULD LIKE. >> Coun. Davis: WE HAVE A COUPLE OF COUNCILORS BEHIND YOU. IF YOU HAVE A MOTION WE CAN LET YOU MAKE IT OR RETURN TO YOU. >> Coun. Jones: I'LL LET THEM SPEAK FIRST AND SEE WHAT THEY ARE GOING TO DO. >> Coun. Borrego: THIS PARTICULAR PIECE OF PROPERTY DOES RESIDE IN DISTRICT 5 AND I JUST HAVE TO SAY THAT I AM SOMEWHAT DISAPPOINTED WITH THE PLANNING DEPARTMENT RIGHT NOW. BUT I WOULD OFFER A SECOND TO COUNCILOR JONES' MOTION BECAUSE I WAS GOING TO PROPOSE THE MOTION. >> Coun. Davis: WHAT MOTION WOULD THAT BE. WE'LL LET YOU INTRODUCE IT. >> Coun. Borrego: I WOULD LIKE TO ACCEPT THE LUHO'S RECOMMENDATION THAT THIS BEING REMANDED TO THE PLANNING. >> Coun. Jones: SECOND. >> Coun. Davis: MOTION ON THE FLOOR TO ACCEPT LUHO RECOMMENDATION AND FINDINGS. ANY OTHER DISCUSSION ON THAT BEFORE I GO TO COUNCILLOR BENTON? SHE SAYS NO. >> Coun. Benton: THANK YOU. YEAH. I SUPPORT THE MOTION BUT BEFORE I DO, I WANTED TO ASK MR. MELENDRES OR PERHAPS OUR PLANNING DEPARTMENT, YOUR WRITE-UP, MR. MELENDRES, YOU BASICALLY PROVIDED -- MAKE THIS IS IN THE LUHO, I CAN'T REQUIRE NOW -- BUT WITHOUT THE ACTION OF THE PLANNING DEPARTMENT THE DEVELOPER COULD HAVE BUILT A PROJECT 12.4 FEET ABOVE FINISHED FLOOR. AND I WANTED TO ASK THE QUESTION IF THAT IS, FIRST OF ALL, IF THAT IS CORRECT AND SECONDLY, IF IT IS, IS THERE ANYTHING IN THE SECTOR DEVELOPMENT PLAN THAT WOULD PREVENT A FLAT ROOF TYPE HOUSE? >> MELENDRES: I WANT TO JUST KIND OF GET ONE PRELIMINARY PIECE. I'LL TRY TO HANDLE THAT QUESTION. IF YOU WOULD LIKE TO HEAR FROM THE PLANNING DEPARTMENT THAT WOULD BE SOMETHING APPROPRIATE AT A SUBSEQUENT HEARING SINCE THEY ARE A PARTY HERE. HOWEVER, IN THIS PARTICULAR INSTANCE RECORD INDICATES THAT GIVEN THE ANNULET OF BACKFILL THIS WAS REQUIRED THAT YOU ARE CORRECT A 12.4-FOOT STRUCTURE WOULD HAVE BEEN PER MISSABLE WITHOUT ANY DEVIATIONS FROM THE PROTECTION OVERLAY AND THERE DID NOT APPEAR TO BE IN THE I DO, ACHIER TECH YOUR . DIFFERENT PROPERTIES YOUR SUBJECT TO COVENANTS. IT IS CLEAR IF THAT IS AN ISSUE HERE. AS FAR AS PUBLIC REGULATION WOULD NOT BE PRECLUDED. >> Coun. Davis: COUNCIL OWES OTHER DISCUSSION ON THE MOTION ON FLOOR TO ACCEPT LUHO RECOMMENDATIONS? GOING ONCE, GOING TWICE. SEEING NONE, WE'LL CALL THE QUESTION. ASK THE CLERK TO CALL THE ROLE ON THE MOTION TO ACCEPT LUHO RECOMMENDATIONS. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Harris: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> PASSES UNANIMOUSLY. >> Coun. Davis: NEXT UP ARE OUR ADMINISTRATIVE HEARINGS AC4 AND 5. THESE ARE BEFORE THE COUNCIL FOR A FULL HEARING TONIGHT. WE'LL TAKE THEM TOGETHER BECAUSE THE FACT PATTERNS YOU'RE THE SAME. BEFORE WE DO THAT, I THINK WE HAVE TWO COUNCILORS WHO WANT TO MAKE A COMMENTS REGARDING RECUSAL. START WITH COUNCILOR SENA. >> Coun. Sena: THANK YOU. I KNOW THAT I SPECIFICALLY ADDRESSED MANY OF MY CONSTITUENTS BEFORE ON THIS MATTER AND HAVE STATED BUT PERHAPS I DIDN'T STRESS IMPORTANCE OF IT ENOUGH. WILL I HAD TO RECUSE MYSELF BECAUSE OF MY PRIOR INVOLVEMENT ON THIS PROPERTY OR APPEAL. DID STATE SPECIFICALLY WHAT MY INVOLVEMENT WAS. OR DIDN'T ARTICULATE IT ENOUGH. BUT, I WANT TO KNOW THAT I AM A PARTY OF THE APPELLANTS ON THE CASE AND SPECIFICALLY THAT I AM AN OFFICER BEING PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION AND BECAUSE OF SUCH, I MUST RECUSE MYSELF AND AM DISQUALIFIED FROM MAKING A DECISION ON COUNCIL ACCORDING TO CITY CHARTER, CONSTITUTION AND U.S. CONSTITUTION. IT IS AN ETHICAL AND LEGAL OBLIGATION THAT I RECUSE MYSELF FROM THE ISSUE. FOR THE PUBLIC'S AWARENESS IF THEY DO SEEK MORE INFORMATION ON MY RECUSAL REACH OUT TO MY OFFICE FOR FULL RESPONSE. I KNOW I EMAILED MANY CONSTITUENTS THAT HAVE BEEN CONCERNED ABOUT MY RECUSAL AND I MUST SAY THAT I KNOW THEY ARE VERY FRUSTRATED WITH IT ESPECIALLY THAT THE PROPERTY IN QUESTION IS IN MY DISTRICT BUT AS I STATED, I AM DISQUALIFIED FROM BEING ON THIS APPEAL AND I HAVE A LEGAL OBLIGATION TO RECUSE MYSELF. >> Coun. Davis: WE'LL HEAR FROM COUNCIL BORREGO AND WE'LL PUT YOU IN THE WAITING REAL AND ASK YOU TO REJOIN. >> Coun. Borrego: THANK YOU. AT OUR LAST HEARING I ALSO RECUSED MYSELF. I HAVE ALSO RESPONDED TO THE WESTSIDE COALITION OF NEIGHBORHOODS WHO ASKED FOR INFORMATION ABOUT MY REASONS FOR RECUSAL. I HAVE ALSO SPOKEN WITH THE CITY ATTORNEYS OFFICE ABOUT MY REASONS. I AM A DUALY ELECTED OFFICIAL. I SIT ON THE AMAFCA BOARD, ONE OF FIVE DIRECTORS WHO SITS ON THE BOARD. BECAUSE THE PROPERTY IN QUESTION HAS ISSUES RELATED TO THE USE OF SOME AMAFCA PROPERTY IT WOULD BEHOOVE ME TO NOT MAKE A DECISION AND NOT SIT IN ON THIS HEARING FOR THE FACT OF THE MATTER THAT I, YOU KNOW, IT IS A QUASI JUDICIAL MATTER AND I BASICALLY WOULD VIOLATE MY OATH OF OFFICE IN BOTH INSTANCES AND I THINK IT WOULD BE DIFFICULT TO BE IMPARTIAL AND I THINK THAT THE BEST ADVICE FOR ME FOR MYSELF IS TO RECUSE MYSELF AND ALSO HAVING DISCUSSED IT WITH LEGAL AND SEVERAL ATTORNEYS, THEY HAVE AGREED WITH MY STANCE. SO, 4 THAT MATTER, I AM RECUSING MYSELF AGAINST TONIGHT. >> Coun. Davis: THANK YOU. WE'LL ASK MOYA TO MOVE YOU BACK TO WAITING ROOM AS WELL WHILE THE COUNCIL CONSIDERS THESE HEARINGS. MR. MELENDRES, WE ARE GOING TO ASK YOU TO COME UP WITH US FOR JUST A SECOND, NOW THAT WE HAVE SEVEN COUNCILORS WHO WILL HEAR THIS, CAN YOU REMIND US BEFORE WE GET INTO SUBSTANCE HERE, HOW THE VOTE COUNT ARE REQUIRED IN ORDER TO MOVE MOTIONS IN. >> MELENDRES. THANK YOU FOR RAISING THAT. WILL AS A GENERAL MATTER WHEN THE CITY COUNCIL ACTS A MOTION THAT IT MOVE CARRIES BY A SIMPLE MAJORITY IRRELEVANT TO THE NUMBER OF PERSONS SITTING. IN CERTAIN INSTANCES, CITY CODE OR STATE LAW DICTATE AS HIGHER VOTING STANDARD. THAT IS AT PLAY AT LEAST IN PART HERE. THE STATE STATUTE REQUIRES THAT IN ORDER FOR THE CITY COUNCIL TO REVERSE THE DECISION OF ITS ENVIRONMENTAL PLANNING COMMISSION THAT REQUIRES A MAJORITY OF THE MEMBERSHIP OF THE BODY. WHEN A STATUTE OR ORDINANCE REFERENCES VOTING STANDARD THAT REQUIRES A VOTE OF THE MAJORITY OF THE MEMBERSHIP, MEMBERSHIP BEING KEY, THAT INDICATES THAT IT IS A HARD MAJORITY OF THE MEMBERSHIP OF THE BODY AND NOT SIMPLE MAJORITY OF THOSE PRESENT AND VOTING. IN THIS INSTANCE, IN ORDER TO SATISFY THAT REQUIREMENT, A VOTE OF FIVE COUNCILORS WOULD BE REQUIRED TO IN ORDER TO REVERSE THE ENVIRONMENTAL PLANNING COMMISSION. THIS ISN'T FIRST TIME CITY COUNCIL CONFRONTED THIS ISSUE. AS RECENTLY AS AC-19-7, CITY COUNCIL STAFFER WITH EIGHT MEMBERS AND ONE EXCUSED AND ALL MOTIONS FAILED ON A 4-4 VOTE AND OUTCOME CAN WAS THAT THE COMMISSION'S DECISION STOOD. WITH RESPECT TO OTHER MOTIONS, THAT ARE NOT SPECIFICALLY PRESCRIBED BY STATUTE OR ORDINANCE, SIMPLE MAJORITY RULE WOULD APPLY. >> Coun. Davis: WE HAD TO GO THROUGH THAT LAST TIME AND MS. ORTEGA REMINDED US WE OUGHT TO REMIND OURSELVES. HOW MANY VOTES ARE REQUIRED. THANK YOU. MR. MELENDRES, WOULD YOU EXPLAIN BOTH OF THESE APPEALS AND THEN WE'LL MOVE INTO THE SWEARING IN PRESENTERS AND ALLOW THAT TO MOVE FORWARD. >> MELENDRES. AC-24 AND 25 DECEMBERING I 25 H PROPERTY KNOWN AS POOL PROPERTY ON WESTSIDE. THE PROPERTY SITS ABOVE THE CITY SAN ANTONIO OXBOW OPEN SPACE ALONG THE BOSQUE ON THE WESTSIDE OF THE RIVER. PROPOSAL HERE IS TO DEVELOP THAT SITE WITH CLUSTER HOUSING. THE SITE IS ZONED FOR SINGLE FAMILY RESIDENTIAL LAND USES. THERE ARE A COUPLE OF PATH WAYS TOWARD DEVELOPMENT THAT MIGHT HAPPEN UNDER THAT ZONING. ONE THROUGH A CLUSTER PROPOSED HERE. IT PROPOSES THAT LOTS BE SMALLER THAN OTHERWISE PERMISSIBLE IN EXCHANGE FOR SET-ASIDE OF OPEN SPACE TO PROVIDE A BUFFER TO THE CITY'S OPEN SPACE. CITY COUNCIL HEARD THIS MATTER ONCE BEFORE UNDER APPEALS AC-19-67. REMANDED IT TO PLANNING COMMISSION TO TAKE A CLOSER LOOK IN THE IDO FORECLOSETY DEVELOPMENT. THE REMAND OF THOSE REFERENCED CLUSTER DEVELOPMENT DESIGN DEFINITION WITHIN THE CITY'S IDO AND IDENTIFIED THAT IT REQUIRES DESIGN THAT CONCENTRATES BUILDINGS ON SITES TO ALLOW THE REMAINING LAND TO BE USED FOR OPEN SPACE. THEY SAID THE CLUSTERING WASN'T DONE TO THAT DEFINITION. THE APPLICANTS FOR THIS MATTER DID SUBMIT A REVISED SITE PLAN. IT DOES SEPARATE LOT GROUPINGS MORE DISTINCTLY THAN PRIOR. IT DEMONSTRATES THAT OPEN SPACE WOULD EXIST BETWEEN THE LOT GROUPINGS. THE CITY COUNCIL HEARD THIS MATTER AS ACCEPT OR REJECT MATTER AT LAST MEETING AND DECIDED IT WOULD LIKE TO HEAR MORE INFORMATION ABOUT THE APPEAL, REJECTED DECISION OF THE LAND USE HEARING OFFICER. YOU ARE TO HEAR FROM THE PARTIES. YOU'LL HEAR FIRST FROM M R. GULLY APPELLANT YOU HAVE UNDER 24 AND FROM MR. YNTEMA WHO REPRESENTS APELVELKO APPELLANTS UNDER 25. THE GOAL IS TO HEAR FROM PARTIES AND MAKE A DECISION. >> I SEE COUNCILOR BASSAN HAS A QUESTION ON PROCESS. >> Councilor Bassan: MR. MELEN DRES, CAN YOU CORRECT ME, IT WASN'T THAT WE DECIDED MAJORITY WE WERE NOT OKAY BUT INDEED ACTUALLY WE COULDN'T GET THE FIVE PERSON COUNT IN ORDER TO MAKE THAT FINAL DECISION? >> MELENDRES: YOUR CORRECT. THAT IS IMPORTANT CLARIFICATION. SORRY IF IGLOOSED OVER THAT. THE VOTING STANDARD APPLIES TO THE CITY COUNCIL WHEN IT MOVES TO ACCEPT OR REJECTS RECOMMENDATION AND A MOTION IN THAT REGARD MUST PASS BY A HARD VOTE OF FIVE. THE MOTION LAST TIME TO ACCEPT THAT RECOMMENDATION DID NOT PASS BY FIVE AND THAT IS WHAT RESULTED IN THIS HEARING TONIGHT. >> DAY OF WE >> THAT SAID, ANY OTHER QUESTIONS 4 MR. MELENDRES BEFORE WE GET STARTED. EVERYONE IS FAMILIAR WITH THIS. ALL PRESENTERS OTHER THAN ATTORNEYS MUST BE SWORN IN. THOSE PARTIES ALOUD TO CROSS-EXAMINE IN-EACH OTHER. ALL THOSE WHO WILL TESTIFY WE'LL ASK IF YOU RAISE YOUR HAND SO WE CAN SEE YOU AND WE WILL SWEAR YOU IN. I THINK THAT WOULD ONLY APPLY TO THE FOLKS AT CONSENSUS. MR. BRITO AS WELL. DO YOU SWEAR TO TELL THE TRUTH. >> BREATHE >> BITO: YES I DO. >> STROZIER: YES, THAT IS ME. >> JACOBI: THIS IS ME. >> Coun. Davis: SOMETIMES HARD TO SEE FACES. TIME LIMITS ARE AS FOLLOWS. WE HAVE EIGHT MINUTES FROM PRESENTATION FROM APPELLANT, FOLLOWED BY 10 MINUTES FROM APPELLEE, DEVELOPMENT AND THREE MINUTES FOR PRESENTATION OR RESPONSE BY THE CITY PLANNING STAFF, IF NECESSARY. THEN TWO MINUTES FOR REBUTTAL BY APPELLANT. IF WE DON'T HAVE ANY PROCEDURAL PIECES I WILL TURN IT OVER TO MR. GULLY. UP TO EIGHT MINUTES. >> GULLY: THANK YOU. CAN YOU HEAR ME OKAY? >> Coun. Davis: YES. FOR THE RECORD, MS. ORTEGA IS GOING TO KEEP OUR TIME HERE WITH US ON OUR SIDE SO WE'LL GIVE YOU FAIR WARNING. >> GULLY: THERE ARE THREE ISSUES IN MY APPEAL WHETHER MULTIPLE CLUSTERS YOUR ALLOWED. WHETHER THE SITE PLAN CONCENTRATES LOTS AND WHETHER AMAFCA EASEMENT CAN BE COUNTED AS COMMON OPEN SPACE. REGARDING MULTIPLE CLUSTER DEVELOPMENTS, THE CASE IS HIGH RIDGE HINKLE CASE. SUPREME COURT CASE. THE QUESTION IS ONE OF ORDINANCE INTERPRETATION. YOU ARE THE JUDGES. YOU LOOK AT SITE PLAN. IT HAS TWO CLUSTER DEVELOPMENTS AND YOU READ ORDINANCE AND DECIDE I DO ALLOWS MULTITELL CLUSTERS. THERE ARE THREE RULES IN THE HINKLE CASE. WORDS IN ORDINANCE ARE GIVEN THEIR ORDINARY WILL MEANING. IF SEVERAL SECTIONS OF ORDINANCE ARE INVOLVED, THOSE SECTIONS MUST BE READ TOGETHER. SURPRISINGLY THE LUHO DECISION DOES NOT EVEN MENTION HIGH RIDGE HINKLE, THE CONTROLLING CASE. MR. MOYA IS LISTENING, IF YOU WOULD PUT UP MY EXHIBIT A, PLEASE. >> Coun. Davis: WE ARE DOING THAT. AND PAUSE USUAL TIME UNTIL PAUE GET THERE. IS THIS YOUR EXHIBIT LETTER TO THE CITY COUNCIL. >> GULLY: THE EXHIBITS ARE ATTACHED SO HE NEEDS TO KEEP SCROLLING. TOO FAR. BACK UP. BACK. DAY OF START . >> GULLY: DEFINITION PROJECT SITE IS THE LARGEST GEOGRAPHY SPECIFIED IN THE EARLIEST WE QUESTIONS FOR DECISION ON FIRST APPLICATION RELATED TO A PARTICULAR DEVELOPMENT. OF COURSE THE PROJECT SITE HERE IS ENTIRE POOL PROPERTY. THEN IF YOU WOULD, LOOK AT THE EXCERPT I HAVE FROM SECTION THE CLUSTER DEVELOPMENT PROJECT SITE. CLUSTER DEVELOPMENT IS SINGULAR. SO THE POOL PROPERTY WHICH IS THE PROJECT SITE HAS THE CLUSTER DEVELOPMENT. THEN IF YOU LOOK AT REGULATION 4-3V2E. I HAVE CLUSTER DEVELOPMENT SHALL BE DESIGNATED ON SITE PLAN. SINGULAR. WORDS MUST BE GIVEN THEIR ORDINARY MEANING, SINGULAR MEANS SINGULAR. THINK OF THE PRECEDENT YOU WOULD BE SETTING IF YOU ALLOWED A SINGULAR TERM TO BE TRANSPOSED INTO PLURAL. LUHO SAYS MULL PELVELKO CLUSTERS YOU'RE NOT EXPRESSLY PROHIBITED. THINK OF THE PRECEDENT YOU WOULD SET IF YOU ALLOWED SOMETHING IN A DEVELOPMENT BECAUSE IT WAS NOT EXPRESSLY HE HUB ITED PROHIBITED BY THE ORDINANCE. THINK WHAT YOU MIGHT BE CREATING THAT A DEVELOPPISH COULD DRIVE A TRUCK THROUGH. MOREOVER LUHO CITES NO PRECEDENT FOR THE PROPOSITION THAT IS NOT SOMETHING EXPRESSLY PROHIBITED IS ALLOWED. THE COUNCIL SHOULD REJECT THE LUHO RECOMMENDATION BECAUSE MULTIPLE CLUSTER DEVELOPMENTS ARE SIMPLY NOT ALLOWED ON THE POOLE PROPERTY. NOW I TURN TO THE CONCENTRATION OF LOTS ISSUE. IF MR. MOYA WOULD PUT UP EXHIBIT B, PLEASE. FINDING B2 IN THE COUNCIL'S NOTICE OF DECISION, THE FIRST TIME THIS SITE PLAN CAME BEFORE YOU, WAS THAT THE SITE PLAN WAS DEFECTIVE. THAT WAS THE MARCH 1 SITE PLAN. FINDING B2 IS THAT THE SITE PLAN'S DESIGN OTHERWISE APPEARS REFLECTIVE OF A TRADITIONAL SUBDIVISION LAYOUT IN THAT IT DOES NOT CONCENTRATE BUILDINGS IN SPECIFICATION AREAS AS CONTEMPLATED BY THE CLUSTER DEVELOPMENT DESIGN DEFINITION. THAT VOTE, THAT NOTICE OF DECISION VOTE WAS BY A 6-0 VOTE. THREE COUNCILORS WERE ABSENT, PENA BENTON DAVIS GIBSON AND JONES AS WELL AS COUNCILOR SANCHEZ VOTED FOR THAT DECISION. SO, TAKE A LOOK AT THE SITE PLAN. THIS IS THE ONE FROM MARCH 1 BEFORE YOU BEFORE. THE STAFF REPORT FOUND THE ENTIRE SITE PLAN DID NOT CONCENTRATE LOTS BUT I WANT YOU FOCUS ON THE EASTERN HALF. PUT UP EXHIBIT C, PLEASE. THERE YOU HAVE THE SITE PLAN BEFORE YOU NOW. PAY PARTICULAR ATTENTION TO THE EASTERN HALF OF THAT SITE PLAN. IT DOES NOT CONCENTRATE LOTS ANYMORE THAN THE MARCH 1 SITE PLAN DID. IT SIMPLY WOULD BE INCONSISTENT FOR COUNCILORS WHO VOTED AGAINST THE PREVIOUS SITE PLAN BECAUSE IT DID NOT CONCENTRATE LOTS TO VOTE FOR THIS SITE PLAN. THE COUNCILORS SHOULD REJECT THE SITE PLAN FOR THIS REASON AS WELL. NOW I TURN TO MY THIRD ISSUE AND THAT IS THE AMAFCA EASEMENT ISSUE. PUT UP EXHIBIT B, PLEASE. FIRST I HAVE THE DEFINITION OF COMMON OPEN SPACE. YOU CAN SEE THERE IN THE BOLDS PORTION, THE COMMON OPEN SPACE MUST BE FOR THE USE AND ENJOYMENT OF THE OWNERS. HE RESIDENTS OF THIS DEVELOPMENT WOULD HAVE TO USE AND EARN JOY ENJOY THAT OPEN S. I HAVE THERE THE DEFINITION OF DWELLING CLUSTER DEVELOPMENT BECAUSE IT IS REFERENCED IN THE COMMON OPEN SPACE DEFINITION. THAT DEFINITION CHANGES NOTHING WITH RESPECT TO NEED FOR THE COMMON OPEN SPACE BE FOR THE USE OF THE RESIDENTS. I HAVE EXCERPT FROM 4-3B2, DWELLING CLUSTER DEVELOPMENT AGAIN REFERENCING COMMON OPEN SPACE MUST BE FOR THE USE AND ENJOYMENT OF RESIDENTS. THE EASEMENT ITSELF BETWEEN MS. POOLE AND AMAFCA. THIS EASEMENT SHALL BE CONSTRUED AS NARROWLY AS POSSIBLE TO ALLOW ONLY CONSTRUCTION, OPERATION AND MAINTENANCE OF THE FACILITIES FOR THE PURPOSES STATED HERE IN-AND EXCLUDE ANY OTHER ICE OF THE EASEMENT. PAGE 2 CONTINUES, NO OTHER USE OF THE EASEMENT IS GRANTED OUR PERMITTED. THEN YOU HAVE THE PORTION I HAVE CONCLUDED THERE ON EXHIBIT D. GRANTOR AND GRANTEE FURTHER STATE THAT IT IS THEIR INTENTION TO EXCLUDE ANY OTHER USE OF THE EASEMENT. >> Coun. Davis: YOU HAVE ONE MINUTE LEFT. >> GULLY: PICTURE THERE BEING WATER IN THE EASEMENT. A FOOT OR TWO OF WATER AFTER A HEAVY RAIN. THE NEIGHBORHOOD RESIDENTS AND DEVELOPMENT SAY LET'S GO DOWN THERE AND HAVE OUR BATTERY OPERATED REMOTE CONTROLLED SPEED BOAT RACE DOWN IN THAT EASEMENT OUR HAVE THE PICNIC DOWN IN THE EASEMENT. WE'LL SET UP A GAME AND USE THAT EASEMENT. WHAT DO YOU THINK AMAFCA WOULD SAY ABOUT THAT GIVEN THE TERMS OF THE EASEMENT. MY BELIEF AMAFCA WOULD HAVE A COW. MOREOVER, MR. HUGHES, HYDROLOGY ENGINEER, IN A JANUARY 24, 2019 MEMO STATED THAT THE EASEMENT MUST BE CONVEYED TO AMAFCA. THAT IS SUPPORTED BY THE STATUTE WHICH ITS SECTION 5-4K-4 WHICH REQUIRES THE EASEMENT TO BE DEDICATED TO THE CITY OR AMAFCA. FOR THAT REASON ALSO YOU SHOULD REJECT THE SITE PLAN. WITHOUT THE EASEMENT CLUSTER B IS DEFICIENT IN THE AMOUNT OF COMMON OPEN SPACE. >> Coun. Davis: THAT WILL CONCLUDER EIGHT MINUTES THERE. YOU HAVE OPPORTUNITY TO READDRESS THIS LATER. >> 10 MINUTES FOR PRESENTATION FROM APPELLEE WHICH IS CONSENSUS PLANNING GROUP? THAT RIGHT? >> JACOBI: I AM JOINED BY MR. STROZIER WE MOST REPRESENT GAMA DEVELOPMENT APPLICANT. WE APPRECIATE THE COUNCIL'S TIME. I'LL TAKE THESE THREE ISSUES AND I'LL HANDLE THE FIRST ONE REGARDING (INAUDIBLE). AND MR. STROZIER WILL SPEAK TO THE LOT CONCENTRATION AND AMAFCA EASEMENT. >> AT PAGE 94 YOU'LL SEE ANALYSIS OF WHY MULTIPLE CLUSTERS ARE ALLOWED UNDER THE IDO. IT DOES NOT EXPRESS (INAUDIBLE) I KNOW THERE GULLY NOTED HE THINKS THAT WE NEED EXPRESS PERMISSION BUT IN FACT NOTHING IN THE IDO IS A SINGLE USE ALLOWED. (INAUDIBLE) THERE IS ONE WAY THAT I DO SEPARATES USES LIKE THAT. THAT IS A SURPRISE REQUIREMENT WHEN THE COUNCIL HAS DETERMINED AS A MATTER OF POLICY THAT CERTAIN USES SHOULD NOT BE CONCENTRATED AND SPREAD OUT. THAT IS A VERY CAREFUL LEGISLATIVE FINDING DONE FOR THINGS LIKE PAWNSHOPS OR RESIDENTIAL PROGRAMS. IT IS DONE IN IF A LIMITED WAY AND THERE IS NOWHERE IN THE IDO AS NOTED THAT CLUSTER DEVELOPMENTS ARE ALL CALLED OUT AS SOMETHING NEGATIVE THAT NEEDS TO BE UNCONCENTRATED. SECOND THING IS THAT OVERLAY FOR THIS AREA, THE BOULEVARD PLAN OR ZONE, ACTUALLY SAYS THAT CLUSTER DEVELOPMENT DESIGN ON LAND ABOVE FLOOD LEVEL SHALL BE USED TO NALOXONE EXTENT MAXIMUM AVAILABLE. AND FLOODPLAIN SHOULD BE USED AS OPEN SPACE. (INAUDIBLE) THAT IS ONLY EMPHASIZED IN THE COMP PLAN THAT FORMS THE BASIS OF THE IDO WHICH MENTIONS CLUSTER 50 TIMES, ALL OF IT IN GLOWING TERMS THAT THAT IS INNOVATIVE TECHNIQUE AND SOMETHING WE SHOULD STRIVE AND ENCOURAGE BECAUSE IT PROVIDES MORE OPEN SPACE OPPORTUNITIES RATHER THAN USING STRAIGHT SUBDIVISION. (INAUDIBLE) CLUSTER DEVELOPMENT IS A PARTICULAR TECHNIQUE THAT LETS US COMBINE OR INCREASE DENSITY JUST A LITTLE BIT BUT PROVIDES OPEN SPACE THAT IS A COMPLETELY NEW TECHNIQUE THAT WE ARE TRYING ON TO EMPHASIZE SO WE ARE NOT LAND LOCKED SUBDIVISIONS IN THE CITY. THE THIRD THING THAT EPC NOTED IS THAT IT IS IN THE CITY'S INTEREST TO CORRESPOND BOTH SITE PLANS OR BOTH CLUSTER DEVELOPMENTS ON ONE SITE PLAN SO THEY SEE AS THE DEVELOPMENT WORKS AS A WHOLE. IT IS UNDISPUTED THE GELLER COULD BRING DEVELOPER COULD BRING TWO SITE PLANS. SO, THEN YOU HAVE TWO DIFFERENT BODIES TRYING TO LOOK AT INNER-RELATED SITE PLANS AND YOU WON'T GET THE SAME TRANSPARENCY AND NOT GOING THE SAME PEOPLE MAKING DECISIONS. >> MR. STROZIER CAN SHOW HIS SCREEN. IN THE EARLIER APPEAL, THE DEVELOPER ACTUALLY WENT TO MR. CAMPBELL PLANNING DIRECTOR AND SAID, WE THINK IT MAKES SENSE TO BRING EVERYTHING TO EPC TO PROVIDE MAXIMUM PROCESS AND LOOK AT THE WHOLE SITE PLAN OR PROJECT AT ONCE SO YOU SEE BOTH SITE PLANS WORKING TOGETHER. THEY RECEIVED PERMISSION WITH THIS LETTER TO GO AHEAD AND BRING A PROJECT THAT, THEY RECEIVED PERMISSION TO HAVE IT GO AS A WHOLE. FOR THOSE REASONS EPC'S ANALYSIS AND DETERMINATION THAT THESE TWO CLUSTER DEVELOPMENTS WERE ABSOLUTELY PERMISSIBLE ON ONE SITE PLAN THAT IS CONSISTENT WITH IDO AND POLICIES AND REASONS FOR THE IDO. IT IS GOOD REASONING AND EPC'S DECISION SHOULD STAND. I WILL LET MR. STROZIER CONTINUE? >> CAN YOU SEE MY POWER POINT? DID IT CHANGE TO SEE THE SITES. >> STROZIER: I THINK I NEED TO STOP SHARING AND SHARE AGAIN. WHICH WILL DO THAT QUICKLY. >> Coun. Davis: NOW WE SEE IT. >> STROZIER: THANK YOU. SO, THIS IS THE SITE PLAN,. >> Coun. Davis: WE ADD IN TIME FOR PROCEDURE. YOU HAVE FOUR AND A HALF MINUTES. >> STROZIER: I'LL GO THROUGH THIS AS QUICKLY AS I CAN. THIS IS THE SITE PLAN THAT WENT TO EPC IN RESPONSE TO THE COUNCIL'S REMAND INSTRUCTIONS. YOU CAN SEE THAT THERE IS OPEN SPACE IN THE CENTRAL PORTION OF THE SITE AS WELL AS SIGNIFICANT OPEN SPACE THAT REMAIN ALONG EASTERN EDGE AND THIS IS THE AREA THAT IS ADJACENT TO THE MAJOR PUBLIC OPEN SPACE AS WELL AS PRIVATE OPEN SPACE THAT IS ACTUALLY OWNED BY THE HOMEOWNERS ASSOCIATION. ONE OF THE THINGS WE DID AS PART OF THE PRESENTATION TO EPC WAS TO SHOW HOW EACH OF THESE CLUSTERS FUNCTIONS ON THEIR OWN AND YOU CAN SEE ON CLUSTER A, THERE IS A LARGE OPEN SPACE ON THE EAST SIDE THAT CONNECTS DOWN TO ACCESSIBLE TO THE CUL-DE-SAC AND THE OPEN SPACE ACROSS THE STREET, BASICALLY, WHICH IS PART OF THE MAJOR PUBLIC OPEN SPACE AND PROVIDES A DISTINCT SEPARATION BETWEEN THIS CLUSTER AND THE SECOND CLUSTER. IT ALSO INCLUDES AN OPEN SPACE THAT RUNS EAST/WEST THROUGH THIS PORTION OF THE IS THAT RIGHT ALLOWS FOR PEDESTRIANS WITHIN THE NEIGHBORHOOD TO ACCESS A TRAIL THAT WILL GO THROUGH THIS AREA AND PROVIDE ACCESS FOR THE RESIDENTS AND ALSO PROVIDES A VISUAL OPEN SPACE IN TERMS OF A VIEW FOR THOSE PEOPLE THAT LIVE ACROSS IMMEDIATELY ADJACENT TO THIS SITE. THE SECOND CLUSTER B ONCE AGAIN IS LOCATED ON THE OTHER SIDE OF THE OPEN SPACE THAT SEPARATES THE TWO CLUSTERS. THAT HAS A SIGNIFICANT BUFFER ON ITS EDGE RELATED TO THE MAJOR PUBLIC OPEN SPACE AND PRIVATE THAT IS ADJACENT TO IT ON THAT EDGE. ONE OF THE THINGS THIS COUNCIL ALSO DIRECTED TO US DO WAS TO MAKE SURE THAT SETBACKS ARE MET FOR EACH OF THE CLUSTERS INDIVIDUALLY WHICH IS WHAT IS SHOWN ON THIS GRAPHIC THAT WAS PRESENTED TO THE EPC THAT SHOWS WHERE THERE IS A REQUIRED 25-FOOT SETBACK VERSUS THE REQUIRED 10-FOOT SETBACK AND THAT THAT SETBACK IS MET FOR BOTH CLUSTERS IF YOU WERE TO LOOK AT THEM INDIVIDUALLY AS A PART OF THIS. WITH REGARD TO THE AMAFCA EASEMENT THAT IS ON THE NORTHEAST EDGE OF THE PROPERTY, SKIP DOWN TWO SLIDES HERE AND SEE IF IT WORKS. SO, THIS IS THE SENSITIVE LAND EXHIBIT THAT WE PREPARED. THIS WAS PART OF THE AFALLACIES, INCLUDED. CAN YOU SEE THE FLOAT PLAIN AND THE AMAFCA POND AND A PORTION OF THAT POND IS LOCATED ON THIS PROPERTY. WHEN MR. GULLY TALKS ABOUT USE AND ENJOYMENT OF OPEN SPACE, I THINK WE CAN ALL AGREE THAT ARROYOS THAT GO THROUGH A COMMUNITY THAT ARE OPEN SPACE ARE USABLE. WHETHER OR NOT THEY ARE ALOUD TO GO IN IT OR NOT. THE OXBOW ITSELF ADJACENT TO THIS SITE IS ALSO OPEN SPACE THAT THE PUBLIC IS NOT ALLOWED TO GO INTO ON A REGULAR BASIS. IT IS RESTRICTED. YOU CAN LOOK AT IT. YOU CAN SEE IT. YOU CAN GO TO THE OVERLOOK, BUT YOUR NOT ALLOWED TO GO IN IT. SO, YOU CAN'T GO HAVE THAT PICNIC OR THE OTHER OPTIONS. I BELIEVE WE ARE APPROACHING END OF OUR TIME. WE ARE HAPPY TO ANSWER ANY QUESTIONS AT THE END OF THIS AS THE COUNCIL MIGHT DESIRE. THANK YOU. >> Coun. Davis: THANK YOU. WE WOULD GIVE YOU A LITTLE TIME. WE GAVE MR. GULLY ANOTHER MINUTE OR SO. WE'LL COME BACK. WE WANT TO GIVE MR. BITO THE OPPORTUNITY TO PRESENT OR RESPOND TO ANY QUESTIONS THAT MIGHT HAVE BEEN RAISED IN THOSE PRESENTATIONS. DO YOU REMAIN FOR COUNCIL QUESTIONS? >> BITO: I DON'T HAVE ANY PRESENTATION OUR RESPONSES TO EITHER OF THE PREVIOUS PRESENTERS, BUT I AM AVAILABLE FOR THE COUNCIL FOR ANY QUESTIONS. >> Coun. Davis: THANK YOU. WE WILL HOLD YOU THERE. GO BACK TO APPELLANT, MR. GULLY. ANYTHING ELSE THAT YOU WANT TO RESPOND TO IN REBUTTAL? >> GULLY. YES SIR. MS. JACOBI MENTIONED TOWNHOMES SECTION IN THE TABLE THAT ALLOW USES AS TOWN HOME SINGULAR. THERE ARE MULTIPLE TOWN WHO ELSE ALLOWED IN HOMES ALLOWED. >> MS. JACOBI ALSO MENTIONED FLOODPLAIN WITH REFERENCE TO CLUSTER DEVELOPMENTS. SHE DISCUSSED MERITS OF CLUSTER DEVELOPMENTS. I DON'T CONTEST THE MERITS OF A CLUSTER DEVELOPMENT AT ALL. MY POINT IS THE SITE PLAN ONLY ALLOWS ONE CLUSTER DEVELOPMENT. THAT IS CLEAR FROM THE TEXT OF THE REGULATIONS. IT WOULD HAVE BEEN SUCH A SIMPLE THING WHEN ORDINANCE WAS ADOPTED TO SAY, CLUSTER DEVELOPMENT PLURAL IF THAT WAS AOR INTENDED. >> THE LETTER THAT WAS PUT UP ON THE SCREEN, I DON'T KNOW IF MS. JACOBI REFERENCED IT, BUT COULD YOU PUT THAT UP AGAIN, THE LETTER FROM MR. CAMPBELL. IT IS THE ONE,. >> Coun. Davis: I THINK MS. JACOBI HAS TO SHARE THAT WITH US AGAIN. I KNOW IT IS AN EXHIBIT YOU REFERENCED. >> WE WOULD NORMALLY BE ABLE TO PUT IT UP FOR YOU BUT HAVE TO COUNT ON YOU TO DO THAT ONE FOR US. THERE YOU GO. >> GULLY: NOT SURE WHAT THE POINT OF THIS LETTER IS, BUT, PERHAPS, THE POINT WAS THAT MR. CAMPBELL SAID, OH, YOU CAN HAVE WHAT DOES HE SAY, TWO INTEGRATED, INTER CONNECTED PROJECTS BUT IF YOU LOOK AT NO. 2, IT SAYS THERE IS ONE CLUSTER DEVELOPMENT AND THE OTHER A CONTINUE CAL ONE QUARTER ACRE RA LOTS. THAT IS THE HEART OF THE MATTER. THAT, TWO CLUSTER DEVELOPMENTS WERE NOT CONTEMPLATED IN THIS PROJECT UNTIL A PORTION OF THE EAST EDGE OF THE PROPERTY WAS NOT BUILDABLE ON SO THAT IS WHERE THE SECOND CLUSTER DEVELOPMENT SURFACED TO GET MORE LOTS THAN WAS OTHERWISE ALLOWED. MR. STROZIER I THINK MADE ARGUMENT THAT YOU CAN LOOK OVER THE EASEMENT OR LOOK AT IT OR SOMETHING. NO READING OF THE USE AND ENJOYMENT WOULD MAKE THAT COMMON OPEN SPACE. THE ENJOYMENT MAY BE LOOKING OVER IT COULD BE CONSIDERED ENJOYMENT BUT THE USE OF IT LOOKING OVER THE EASEMENT IS NOT USING IT. FINALLY, JUST TO CONCLUDE RAPIDLY, I WOULD LIKE TO SAY THAT MR. MELENDRES' POSITION THAT THE SITE PLAN STANDS IF YOU DON'T HAVE FIVE VOTES IS ABSOLUTELY INCORRECT. THERE IS NO NEW MEXICO CASE LAW THAT SUPPORTS THAT. OUR APPEALS ARE PENDING. YOU CAN'T REJECT OTHER ACCEPT OUR APPEALS UNLESS YOU HAVE FIVE VOTES. SO HIS OPINION IS FLATLY WRONG. THANK YOU. >> Coun. Davis: WE APPRECIATE YOU. FOLKS FOR FOLLOWING ALONG THAT CONCLUDES HEARING FOR AC TWENTY-4. NORMALLY WE WOULD GO TO DELIBERATIONS BUT BECAUSE THE OTHER HEARING, AC20-5, INVOLVES A SIMILAR AFFECT PATTERN. WE ARE GOING TO HAVE A SIMILAR HEARING WITH MR. YNTEMA. THEN WE'LL MOVE BOTH OF THESE ITEMS FOR DISCUSS. MR. YNTEMA. WE APPRECIATE YOU JOINING US. YOU HAVE EIGHT MINUTES. >> YNTEMA: COULD YOU PLEASE PUT MY SECOND EXHIBIT UP. THAT IS SENSITIVE LAND EXHIBIT. APPELLANTS WANT TO GO THROUGH EIGHT ISSUES BRIEFLY AMONG VARIOUS ISSUES. SECOND ONE. THANK YOU. ISSUES RACED BY THESE APPEALS ARE IMPORTANT AND NOVEL ISSUES UNDER IDO AS SENSITIVE LANDS CLUSTER DEVELOPMENT AND PROTECTION OF MAJOR OPEN SPACE. APPELLANT'S FIRST ISSUE IS PROTECTION OF SENSITIVE LAND WAS NOT ADEQUATELY CONSIDERED. THE PROJECT SITE ABUTTS THE SAN ANTONIO OXBOY ON THE RIO GRANDE WHICH IS A NATURAL RESOURCE IN THE MIDDLE RIO GRANDE. SECTION 52C STATES BOTH THE SUBDIVISION AND SITE DESIGN PROCESSES SHALL BEGIN WITH ANALYSIS OF SITE CONSTRAINTS RELATED TO SENSITIVE LAND. AVOIDANCE OF SENSITIVE LAND SHOULD BEING CONSIDERED 10 AT START OF ANY PROJECT AFFECTING SENSITIVE LAND AND SHOULD BEING RECONSIDERED IF THE PROJECT IS SUBSTANTIALLY REVISED AS WAS DONE IN THIS CASE. AVOIDANCE OF SENSITIVE LAND WAS NOT CONSIDERED BY THE EPC IN REVIEW OF THE SUBSTANTIALLY REVISED SITE PLAN. EPC RULED OUT CURSING OF ANY SENSITIVE , SECOND ISSUE IS WHETHER A SINGLE ISSUE SITE MAY HAVE MULTIPLE SITE DEVELOPMENTS. MR. GULLY DEALT WITH THIS AND APPELLANT I REPRESENT INC. MR. GULLY'S ARGUMENT ON THAT ISSUE AND ALL OTHERS HE REPRESENTED IN HIS APPEALS. THIS MATTER HAS BEEN HANDLED JOINTLY BASICALLY FROM THE START. EPC LUHO DECIDED MULTIPLE CLUSTERS ALLOWED BECAUSE THEY COULDN'T FIND EXPRESS PROHIBITION IN THE IDO. THE PROBLEM WITH THEIR INTERPRETATION IS IT TAKES YOU TO VARIOUS STRANGE SITUATIONS. UNDER IDO SECTION 43B2A A DEVELOPER IS ENTITLED TO ONE ACRE CLUSTER. IN OTHER WORDS THIS LOT, THIS PROPERTY OF 23 ACRES COULD BE CLUSTERED INTO 23 SEPARATE CLUSTERS UNDER INTERPRETATION OF THE IDO PROVIDED BY EPC AND LUHO. PLEASE RECALL THAT ON AUGUST 3, COUNCIL HEARD AC20-1 AND GRANTED APPELLANT, THESE APPELLANTS APPEAL TO AVOID DEO'S DECLARATORY RULING REQUESTED BY DEVELOPER THAT MULTIPLE CLUSTERS YOUR ALOUD ON A SITE. EPC IN REVIEW OF SITE PLAN RELIED UPON THAT NOW VOID DECLARATORY RULING. FINDING 16. AT LEAST, EPC SHOULD HAVE TO RECONSIDER ITS DECISION WITHOUT ANY RELIANCE ON THE NOW VOID DECLARATORY RULING. EPC AND LUHO FAILED TO RECONCILE VARIOUS SECTIONS OF I DO CONCERNING MULTIPLE CLUSTERS. DOES THE COUNCIL REALLY INTEND, FOR EXAMPLE, THAT A PROJECT SITE OF 50 ACRES WOULD BE ENTITLED TO 50 CLUSTER DEVELOPMENTS? FLUSH I THINK THE INTERPRETATION THAT ANYTHING GOES UNDER IDO IF IT IS NOT EXPRESSLY PROHIBITED IF THAT IS INTERPRETATION, THAT THIS COUNCIL ADOPTS, THAT IS GOING TO LEAD TO DIFFICULT AND UNFORTUNATE PUBLIC CONSEQUENCES. THIRD ISSUE IS RELATED TO THAT SECTION 43B2C STATES NUMBER OF DWELLING UNITS IN A CLUSTER SITE AREA SHALL NOT EXCEED 50. THIS HAS 69 DWELLINGS. HOW DOES UNAMBIGUOUS 50 UNIT UNIT APPLY IF THEY CAN SLICE IT AND SKULPT HOW. FOURTH ISSUE IS CONCENTRATION OF BUILDINGS. IF YOU DON'T HAVE CONCENTRATION OF BUILDINGS, BASICALLY WHAT YOU HAVE GOT IS ONLY A LOT SIZE REDUCTION PROVISION. THE LUHO AND THAT IS WHERE THE LUHO WENT. HE RULED THAT LOT CONFIGURATION OF THE CLUSTER DWELLINGS -- OF THE DEVELOPMENT WASSER RELEVANT UNDER IDO. IT DOESN'T MATTER IF THEY ARE CONCENTRATED OR SPREAD OUT. THAT IS ON PAGE 21 OF THE LUHO RECOMMENDATION. SO, PROJECT CLUSTERS COULD BE SPRINKLED AROUND ALL THROUGHOUT THE PROJECT. CONTRARY TO THAT INTERPRETATION IS THE STATEMENT OF CLUSTER DEVELOPMENT IDO SECTION 4 PAGE 458. CLUSTER DEVELOPMENT IS DEVELOPMENT TYPE THAT CONCENTRATES SINGLE FAMILY OR OR TWO FAMILY DWELLINGS ON SMALLER LOTS THAN OTHERWISE ALLOWED IN RETURN FOR PRESERVATION OF COMMON OPEN SPACE. LINEAR CONFIGURATION SUCH AS IN THIS SITE PLAN IF YOUR LOOKING AT IT IS NOT CONSISTENT WITH CLUSTER DEVELOPMENT. THE STAFF PLANNER ON THIS CASE AT R108 NOTED FLATLY LINEAR FORM WAS PURPOSELY INTENDED TO NOT CREATE A CLEAR CONCENTRATION OF BUILDINGS. THE FIFTH ISSUE IS FLOOD WAY EASEMENT. THERE IS ONE POINT NOT ADDRESSED BY EPC OR LUHO ALTHOUGH RAISED EVERY TIME. CLUSTER DEVELOPMENT OPEN SPACE HAS TO BE CREATED BY THE SMALLER LOTS USED. IT IS A TRADE OFF. A DEVELOPER CAN USE SMALLER LOTS IF WHAT IS LEFT OVER GOES TO CREATE SUFFICIENT CLUSTER DEVELOPMENT THE COMMON OPEN SPACE. THE EASEMENT, AMAFCA EASEMENT SITUATION IS IT ALREADY EXISTS. EVEN IF IT IS CONSIDERED ERRONEOUSLY IN OUR VIEW TO BE ON SITE POND, THE FLOOD WAY EASEMENT CANNOT BE OPEN SPACE BECAUSE IT IS NOT CREATED. IT PRE EXISTS. IT IS NOT CREATED IN RETURN 4 SMALLER LOTS. ANOTHER ERROR IS THAT THE EASEMENT MUST BE DEDICATED TO AMAFCA UNDER SECTION 54K4A. AS THE FLOOD CONTROL FACILITIES INVOLVE A MAJOR' ARROYO OR OWNER CANNOT DERIVE BENEFICIAL USE. SIXTH ISSUE IS SITE PLAN PROPOSES TO BUILD FOUR UNITS ON THE FLOODPLAIN SOUTH OF AMAFCA EASEMENT. IT IS A LIGHT GRAY AREA. THAT IS BASED ON DEVELOPER'S ANTICIPATION THE FLOODPLAIN WILL BE REVISED AT SOME POINT. HOWEVER, APPROVAL OF DEVELOPMENT ON THE DESIGNATED FLOODPLAIN WHICH HAS TO BE ESTABLISHED AS OF THE DATE OF THE APPLICANT'S COMPLETE SUBMISSION, IS CONTRARY TO SECTION 110B, WHICH SECTION REQUIRES DETERMINATION OF APPLICATION UNDER THE STANDARD AND CRITERIA UNTIL EFFECT AS OF THE DATE OF THE APPLICATION. AS OF THE DATE OF THE APPLICATION, THAT FLOODPLAIN IS STILL IN PLACE. >> Coun. Davis: YOU HAVE 30 SECOND ON YOUR PRESENTATION. >> YNTEMA. THE SECTION SAYS FLOODPLAIN SHALL BE USED AS OPEN SPACE. THAT NEEDS TO BE USED AS OPEN SPACE. SEVEN ISSUES GOES TO COMMON OPEN SPACE. THIS IS NOT CONTIGUOUS TO THE I DO. IT IS CONNECTED BY THIN, NARROW LINES, UNDER THE DEVELOPERS AND IDO INTERPRETATION PRESENTED BY THE LUHO, THE DEVELOPER COULD PUT ALL OF ITS OPEN SPACE AT THE FAR WESTERN SIDE OF THIS PROJECT IF IT WAS ONLY CONNECTED BY A LINE. >> Coun. Davis: WE HAVE EXTENDED YOUR TIME A LITTLE BIT BUT YOU'LL HAVE A CHANCE YOU HAVE ANOTHER TWO MINUTES FOR REBUTTAL. THANK YOU. >> WE HAVE A PRESENTATION FROM THE APPELLEE, GAMA DEVELOPMENT, GROUP WITH CONSENSUS PLANNING. YOU HAVE 10 MINUTES. WE'LL GIVE YOU A TWO MINUTE AND 30 SECOND WARNING. >> I WOULD LIKE TO START WITH MULTIPLE CLUSTER ISSUE AGAIN. I WANT TO POINT OUT ON PAGE 94 OF THE RECORD, FINDING NO. 17 OF THE EPC, (INAUDIBLE) AT NO POINT DO THEY RELY ON THE DECLARATORY RULING ISSUE BY THE CO-COMPLIANCE MANAGER. THERE IS NO INDICATION THEY EVER DID. IN FACT RECORDS INDICATE I TOLD THE EPC THEY SHOULD NOT RELY ON IT. >> THEY FOLLOWED THE COUNCIL'S INSTRUCTION. >> THEY DID A GOOD JOB. LUHO RECOMMENDED AFTER A VERY CAREFUL REVIEW, EXTENSIVE HEARING, LUHO AGREED THEIR ANALYSIS WAS CONSISTENT WITH IDO. ONE OF THE THINGS THAT IS IN THE RECORD IN THE LUHO HEARING IS THAT MULTIPLE CLUSTER DEVELOPMENTS IS SORT OF SELF CONTROLLING AS TO WHETHER OR NOT IT (INAUDIBLE). MR. YNTEMA WAS TALKING ABOUT A 50 ACHIER SITE COULD HAVE 50 DIFFERENT CLUSTER DEVELOPMENTS, YET, MR. BRITO EXPLAINED THAT THERE ARE REQUIREMENTS THAT WOULD ULTIMATELY MAKE THOSE SELF REGULATING. 50 LOTS REQUIREMENT REQUIRES A SET-BACK ALONG EACH THOSE PROJECT SITES THAT WOULD LIMIT ABILITY TO MAKE THOSE GO FOR EVER AND EVER. THE OTHER REQUIREMENT IS COMMON OPEN SPACE HAS A MINIMUM LENGTH AND WIDTH OF 35 FEET WHICH IS SIGNIFICANT AND THAT WOULD ALSO LIMIT THE ABILITY TO MAKE ENDLESS NUMBERS OF CLUSTERS. IN REALITY THE CLUSTER DEVELOPMENT SPECIFIC REGULATION S WOULD PREVENT ANY OF THESE DESIGN TECHNIQUES THAT ENCOURAGED FRANKLY THROUGHOUT THE IDO AND COMPREHENSIVE PLAN. I WANT TO SPECIFICALLY REVIEW POLICY 5.3.4 OF THE COMP PLAN. INDICATES THAT WE SHOULD USE CLUSTER DEVELOPMENT TO CONCENTRATE BUILDINGS ON A PORTION OF THE SITE NEAR NATURAL FEATURES TO ALLOW REMAINING LAND TO BE USED ON FOR RECREATION, OPEN SPACE, AGRICULTURE OUR PRESERVATION OF SENSITIVE LAND AREAS. THAT IS THE GOAL FROM THE COMP PLAN THAT LED TO THE REGULATION THAT SAID THAT CLUSTER DEVELOPMENT DESIGN ALONG THE BOULEVARD -- EXCUSE ME, THE OVERLAY SHOULD USE CLUSTER DEVELOPMENT ON (INAUDIBLE). THIS PROPERTY IS EXACTLY WHAT THESE POLICIES AND REGULATIONS ARE SPEAKING TO AND THAT IS EXACTLY WHAT CONSENSUS PLANNING HAS DONE WITH THE DESIGN HERE. USE TWO CLUSTERS IN ORDER TO MAXIMIZE THE POLICIES AND OBJECTIVES OF THE COMP PLAN AND I DO. SO, WITH THAT, I WOULD LIKE TO TURN IT OVER TO MR. STROZIER TO ADDRESS THE REMAINING PARTS. >> STROZIER: THANK YOU. ONE OF THE COMMENT THAT WAS MADE BY MR. YNTEMA WAS THAT THE SENSITIVE LANDS WERE NOT CONSIDERED AND I WOULD POINT THIS COUNCIL TO THE AUGUST 17, 2020 LETTER WHICH WAS THE LETTER THAT I WROTE AS PART OF OUR TRANSMITTAL OF THE UPDATED SITE PLAN IN RESPONSE TO THIS COUNCIL'S REMAND WHICH ON PAGE 2 OF THAT LETTER, INCLUDES THE FOLLOWING. I'LL GO THROUGH THIS QUICKLY, REDESIGN COMPLIES WITH SENSITIVE LAND REGULATION AS CONTAINED IN INTEGRATED DEVELOPMENT ORDINANCE SECTION, SITE DESIGN AND SENSITIVE LAND. SENSITIVE LAND ANALYSIS IS INCLUDED AS A SEPARATE SHEET IN THE SITE DEVELOPMENT PLAN. SOME OF THE KEY RESPONSES TO THE ANALYSIS INCLUDE THE FOLLOWING. A LARGE STAND OF PINON AND CYPRUS TREES WITHIN THE COMMON OPEN SPACE PRESERVED. EXISTING MESH FENCE WILL BE RETAINED AND PROVIDES BOUNDARY FOR THE SENSITIVE LAND PROTECTION ZONE, NO CONSTRUCTION OR ACCESS IS PERMITTED INTO THE SENSITIVE LAND PROTECTION ZONE AND THE SENSITIVE LAND PROTECTION ZONE PROTECTS EXITING WET LAND, PRIVATE PORTION OF THE OXBOY, STEEP SLOPE AREA. SO, TO INDICATE THAT THAT WAS NOT CONSIDERED AS PART OF THIS REMAND, RESUBMITTAL THAT WAS PART OF OUR LETTER TRANSMITTING UPDATED SITE PLAN TO THE PLANNING DEPARTMENT IN RESPONSE TO THIS COUNCIL'S REHAND INSTRUCTIONS. THE OTHER THING IS, WHEN YOU LOOK AT THE PLAIN DEFINITION, CONCENTRATE MEANS TO MAKE SOMETHING STRONGER, DENSER OR MORE FOCUSED. THIS COUNCIL ASKED US TO LOOK AT AND THE ORIGINAL SITE PLAN WAS CONCENTRATED ALMOST ALL OF THE OPEN SPACE, BECAUSE THAT IS FRANKLY WHAT WE WERE ASKED TO DO BY STAFF AT THAT TIME. AND WE DID HAVE KIND OF A SERPENTINE BUT THE RESUBMITTAL CLEARLY FOLK YOU WOULD AND CONCENTRATED ON THE LOTS ON CLUSTER A ALONG THE WESTERN EDGE OF THE PROPERTY, CREATING A LARGE OPEN SPACE IN THE MIDDLE THAT SEPARATED THE TWO CLUSTER NEIGHBORHOODS, AND THEN FOR THE NEXT ONE, SO THE CLUSTER B, CONCENTRATED ITS OPEN SPACE ON THE EASTERN EDGE OF THE PROPERTY. BOTH OF THESE CLUSTERS ARE AS COMPARED TO THE FIRST GO ROUND WHEN THIS COUNCIL REMANDED IT BACK, THESE YOUR DISTINCT AND ONCE AGAIN THE LOTS FOR CLUSTER B ARE CONCENTRATED IN THIS AREA WITH OPEN SPACE AND CONCENTRATED AS A LARGE BUFFER UP AGAINST EXISTING OPEN SPACE ON THE BOUNDARY. ON THE CLUSTER A, ONCE AGAIN THOSE LOTS ARE CONCENTRATED ALONG THE AREA WHERE WE HAVE EXISTING LOTS IF OUR SURROUNDING NEIGHBORHOOD AND PROVIDED A SIGNIFICANT OPEN SPACE BUFFER TO THE ADJOINING CLUSTER. THESE TWO ARE CONTAINED, ON ONE SITE PLAN, BUT THEY FUNCTION AND THEY ARE PROVIDED 4 AS SEPARATE CLUSTERS WITHIN THAT. I THINK MS. JACOBI HANDLED IT WELL WITH REGARD TO AMAFCA QUALITY POND. THAT IS CLEARLY EXACTLY WHAT THE COMPREHENSIVE PLAN, THE CLUSTER PROVISIONS IN I DO AND CPO WHICH ONCE AGAIN TO REMIND YOU, CLUSTER DEVELOPMENT DESIGN ON LAND ABOVE THE FLOOD LEVEL USUAL BE USED TO MAXIMUM EXTENT PRACTICAL AND FLOODPLAIN SHALL BE USED AS OPEN SPACE. THAT IS EXACTLY WHAT HAPPENS HERE. >> Coun. Davis: JUST A QUICK TWO MINUTE WARNING. >> STROZIER: I WOULD LIKE TO ADDRESS ONE OF THE THINGS THAT HAPPENS IN THE IMPLEMENTATION OFTENTIMES OF FLOOD CONTROL FACILITIES SO WHEN IMPROVEMENTS WERE MADE TO SAN ANTONIO ARROYO AND THE LARGE POND WAS CREATED, THIS WAS NOT ALWAYS THERE, IT WAS CREATED AND THERE WAS AN EASEMENT CREATED ON TO ACCOMMODATE THAT POND AND BASICALLY, WHAT THAT DID WITH THE CONSTRUCTION OF THOSE IMPROVEMENTS IT REDEFINED WHAT THAT FLOODPLAIN IS. NOW, WHAT HAPPENED HERE IS AMAFCA NEVER WENT BACK AND UPDATED THE FLOODPLAIN BOUNDARY. ACCORDING TO THE ENGINEERS AND THIS IS ENGINEERS WITH BOHANNAN, CITY HYDROLOGY DEPARTMENT AS WELL AS AMAFCA ENGINEERS, RECOGNIZED THAT THIS LAND THAT IS SHOWN AS PART OF THESE LOTS THAT IS CURRENTLY AMAFCA'S FLOODPLAIN ISN'T ACTUALLY IN THE FLOODPLAIN ANYMORE AND WE HAVE IDENTIFIED ON THE SITE PLAN THAT THERE IS A RESTRICTION THAT PREVENTS THESE LOTS FROM BEING DEVELOPED UNTIL SUCH TIME THAT THAT FLOODPLAIN MAP IS UPDATED AND THAT IS A PROVISION THAT IS TYPICALLY DONE BEFORE YOU BUILD A PROJECT LIKE THIS BUT IN THIS CASE IT WAS NOT DONE. SO, THE SITE PLAN IDENTIFIES THAT, ACKNOWLEDGES IT AND MAKES THAT REQUIREMENT THAT THOSE LOTS CANNOT BE DEVELOPED UNTIL SUCH TIME AS FEMA UPDATES THEIR MAP TO REFLECT CONSTRUCTION OF THOSE IMPROVEMENTS ADJACENT TO IT. I THINK THAT -- >> JACOBI: DO YOU WANT TO SHOW THE PLAT THIS WAS SHOWN EARLY ON. THE QUESTION IS NOT WHETHER OR NOT THIS PROPERTY GETS DEVELOPED. IT HAS ITS ENTITLEMENT. WE ARE LOOKING AT SITE PLANS THAT SHOW THE LAYOUT. THIS DIDN'T USE ANY CLUSTERING. YOU CAN SEE HOW PROPERTIES GET TO THE FLOODPLAINS TO SENSITIVE AREAS. WHAT YOU HAVE IN FRONT OF YOU IS THE BEST KIND OF PRODUCT THAT THIS PROPERTY CAN BE PUT TO. YOU HAVE GOT LOTS SIMILAR SIZE WITH NICE HOMES SURROUNDING IT. >> Coun. Davis: WE TRIED TO GET EVERYONE A FEW EXTRA SECONDS. NEXT UP WE ARE GOING BACK TO THE PLANNING DEPARTMENT. I ASSUME MR. BRITO IS STILL HERE. OPPORTUNITY TO RESPOND TO ANYTHING HE HEARD ON BEHALF OF THE PLANNING DEPARTMENT. ANY PRESENTATION OR RESPONSE TO QUESTIONS? >> BITO: I JUST WANT TO POINT TO THE REMAND INSTRUCTIONS THAT THE CITY COUNCIL INCLUDED TO GUIDE THE EPC IN THEIR REREVIEW OF THE RESUBMITTAL OF THIS POOLE PROPERTY SITE PLAN AND AS OUTLINED IN THE TRANSMITTAL MEMO AND IN THE EPC'S FINDINGS, THEY FOLLOWED YOUR REMAND INSTRUCTIONS AND DID THE REVIEW AS DIRECTED WHICH LED TO THE REDESIGN OF THE SITE, THE CONDITIONS OF APPROVAL AND ULTIMATELY THE PLANNING COMMISSION'S APPROVAL OF THIS PROJECT. WITH THAT, I'LL STAND FOR ANY QUESTIONS YOU MAY HAVE. >> Coun. Davis: WE ARE GOING TO HOLD COUNCILOR QUESTIONS TO THE END AND LET APPELLEE COMPLETE REBUTTAL. >> MR. YNTEMA, REBUTTAL FOR TWO MINUTES. >> YNTEMA. I WOULD LIKE TO MENTION EIGHTH ISSUE WHICH IS UNDER SECTION 52H2B2 DEVELOPMENT OF SITES OVER FIVE ACHERS ADJACENT TO MAJOR OPEN SPACE CANNOT CREATE ANY MATERIAL WILL NEGATIVE ENVIRONMENTAL IMPACTS ON THE VISUAL RECREATION OR HABITAT VALUE. THIS REQUIREMENT HAS BEEN IGNORED. I POINT OUT THAT THE OPEN SPACE DIVISION PAGE 181 OF YOUR RECORD, WROTE FLATLY THIS NEW SITE PLAN WILL HAVE MORE NEGATIVE IMPACTS ON THE NATURAL VALUES IN TERMS OF THE QUALITY OF THE NEW OPEN SPACE AND PROTECTION OF EXISTING OXBOW. THAT IS A LARGE STEP BACKWARD. THE EPC PRECLUDED ITSELF FROM LOOKING AT SENSITIVE LAND ISSUES CONTRARY TO WHAT MR. STORER RECEIVED A FEW MOMENTS AGO AT 927. COUNSEL TOLD THEM IT WAS NOT ISSUE AND SUPPOSED TO BE REHASHED. THAT IS DESPITE THAT THE NEW SITE PLAN WENT SUBSTANTIALLY CLOSER TO THE EDGES AND MORE THREATENING TO THE NATURAL OPEN SPACE. YOU KNOW, I REGRET THAT THE COUNCIL IS TRYING TO ADDRESS THESE IMPORTANT POLICY ISSUES IN SUCH AN ABBREVIATED FORMAT BECAUSE THEY REALLY REQUIRE SOME ANALYSIS AND THOUGHT. THERE IS A LOT GOING ON IN THE IDO. YOU HAVE TO COMPARE MULTIPLE VERSIONS. >> Coun. Davis: 30 SECONDS. >> YNTEMA. BACK TO FLOODPLAIN. MR. STROZIER IS WELL AWARE DEVELOPER'S APPLICATION UNDER THE CITY'S CURRENT INTERPRETATION HAS TO BE MEASURED AT THE TIME IT IS SUBMITTED. AND HIS PROJECT NEEDS TO BE MEASURED UNDER THE EXISTING FLOODPLAIN MAP THAT THE EPC SHOULD NOT BE APPROVING DEVELOPMENT BASED ON SOME ANTICIPATION OF THE DEVELOPER AS TO WHAT IS GOING TO HAPPEN. >> Coun. Davis: WE HAVE OPPORTUNITY FOR DELIBERATION AND DISCUSSION AMONG COUNCILORS. WE ARE GOING TO DISCUSSION BOTH ITEMS. WE HAVE TO TAKE MOTIONS IN ORDER. WE'LL ENTERTAIN MOTIONS ON AC24, 20-4 FIRST BUT DISCUSS BOTH ITEMS BECAUSE THEY ARE RELATED. SO, COUNCILORS USING YOUR BUTTON OR BY YELLING AT ME, PLEASE GO AHEAD AND CUE YOURSELVES. I SEE COUNCILOR BASSAN. >> Councilor Bassan: I HAVE ANOTHER CLARIFYING QUESTION. FOR ALL TECHNICAL PURPOSES WE ARE SUPPOSED TO BE ONLY VOTING ON THE TECHNICAL PROCEDURES INVOLVED IN THIS HEARING, RIGHT? THIS IS NOT NECESSARILY ON WHAT OUR HOPES AND DREAMS AND DESIRES YOUR REGARDING THE PROPERTY. >> BITO: THE LEGAL STANDARD THAT YOU ARE APPLYING IN THIS APPEAL IS SET FORTH BY THE I DO, SECTION 14, 16, 6-4, U4. IT STATES THAT ON APPEAL THE CITY COUNCIL IS TO CONSIDER THREE THINGS, WHETHER OR NOT THE DECISION MAKING BODY OR THE PRIOR APPEAL BODY ACTED FRAUDULENTLY ARBITRARILY OR CAPRICOUSLY. WAS DECISION SUPPORTED BY WILL SUBSTANTIAL EVIDENCE OR OTHER POLICY. THAT IS STANDARD YOUR APPLYING TO THE REVIEW. WHETHER OR NOT THEY WILL ACT THE ARBITRARILY AND CAPRICOUSLY OR DID THEY ERR. >> Councilor Bassan: THANK YOU. >> Coun. Davis: OTHER QUESTIONS? IF NOT, I'LL RECOGNIZE MYSELF. SEEING NONE ON THIS ITEM, LET ME EXPLAIN WHERE I SEE THIS ITEM AND MAYBE MAKE A MOTION TO GET US STARTED. AT THE END OF THE DAY THIS IS A MATTER OF INTERPRETING TWO NEW PIECES OF LAND USE LEGISLATION. COMP PLAN AND IDO. THIS SORT OF HEARING IS NEW BECAUSE WE HAVEN'T DEALT WITH THESE ISSUES AROUND CLUSTER DEVELOPMENT AT COUNCIL LEVEL. WE REMANDED THIS BACK TO EPC TO TRY TO INTERPRET AND THEY DID THE BEST THEY COULD BASED ON THE RECORD WE CAN SEE, TRYING TO DECIDE WHETHER THESE PLANS WERE CONSISTENT WITH BOTH THE COMP PLANS BROADER POLICIES AND IDO SPECIFIC RULES. THIS WILL LEGISLATORRING WILL CREATE NEW PRECEDENCE. WE ARE PANEL WITH THE OLD BODIES AND FILE CABINETS, OF CASE LAW UNDER THE OLD DEVELOPMENT CODES BUT THIS IS NEW PRECEDENT UNDER NEW IDO. IT IS IMPORTANT THAT WE GET THIS RIGHT. I HEARD A NUMBER OF DIFFERENT ARGUMENTS PARTICULARLY PERSUADED BY MR. YNTEMA'S ARGUMENT. I HEARD SOMEONE SAY FROM CONSENSUS WAS THAT -- IT WASN'T FROM CONSENSUS BUT THESE CLUSTERS FUNCTION ON THEIR OWN. WHEN I LOOK AT RECORD HERE, I SEE THAT THEY MUST BE DEVELOPED TOGETHER. THEY SHARE A COMMON ENTRANCE. ORIGINALLY DESIGNED TOGETHER. THEY HAVE BEEN SPLIT. I THINK ONE COULD MAKE A POLICY ARGUMENT THEY HAVE TRIED TO MEET ALL STANDARD OF THE IDO, THE FACT IS I DON'T BELIEVE THEY COMPLY WITH THE BROADER POLICY GOALS. I REALIZE THIS IS PRIVATE PROPERTY AND AS MUCH AS THERE HAVE BEEN OTHER IDEAS THAT PERHAPS OTHER PEOPLE COULD DO SOMETHING DIFFERENT, FACT IS THAT THE PROPERTY OWNER HAS DECIDED THIS IS WHAT THEY WOULD LIKE TO DO WITH THEIR PROPERTY AND THE GOVERNMENT DOESN'T HAVE A ROLE TO CHANGE THAT DECISION. SO, OUR SIMPLE DECISION WHETHER THIS IS APPROPRIATE DEVELOPMENT OR PLAN FOR THIS SITE. I DON'T BELIEVE THAT IT IS. I BELIEVE THERE IS NOT -- I DON'T BELIEVE THIS IS GOOD PRECEDENT FOR THE COUNCIL. I'LL MAKE A MOTION TO GRANT APPEAL AND ADOPT FINDINGS AT NEXT MEETING RELATING TO AC20-4. I SEE COUNCILLOR BENTON AND THEN I BELIEVE COUNCILOR BASSAN. >> Coun. Benton: MR. PRESIDENT , I'LL SECOND THE MOTION. >> Coun. Davis: MOTION AND SECOND ON THE FLOOR. DO YOU HAVE ANY COMMENT ON THIS OR MOVE ONTO OTHER COUNCILORS. >> Coun. Benton: I AGREE WITH YOUR GENERAL CHARACTERIZATION, MR. PRESIDENT, THAT WITHIN THE CONSTRAINTS THAT WERE BEGUN WHICH WERE, YOU KNOW, BEGUN BY MR. CAMPBELL'S LETTER, WHICH WERE THAT, OKAY, WE CAN CONSIDER THIS ALL AS ONE EVEN THOUGH IT STARTED AS 2:00 2. I THINK ATTEMPT WAS MADE ON THE NEW VERSION WITH THE REMAND TO SLIGHTLY -- AS MUCH AS POSSIBLE WITHIN THE CONCEPT, I BELIEVE,, TO ENLARGE THE OPEN SPACE. BUT I EMPHASIZE WITHIN THE CONCEPT. I REALLY DON'T, I STILL DON'T SEE A CONCENTRATION OR CLUSTERING OF BUILDINGS. I SEE LENGTHY STREETS AND STILL, YOU KNOW, WHAT THE EPC ORIGINALLY CALLED SOMETHING THAT LOOKS LIKE A CONVENTIONAL SUBDIVISION, ALBEIT, WITH SOME OPEN SPACE, SOME OF WHICH ALREADY PRE EXISTED AS WE HAVE STATED, THAT THE AMAFCA EASEMENT ALREADY EXISTED. I MEAN I REALLY FEEL LIKE THAT WAS A STRETCH OF THE OPEN SPACE CALCULATIONS. SO, YOU KNOW, AGAIN, I AM GIVING CREDIT TO THE DESIGNERS THAT WITHIN THE CONCEPT THEY WERE TASKED WITH TACKLING, THEY IMPROVED IT SOMEWHAT, IN TERMS OF MAKING MORE CONTIGUOUS AND RECOGNIZABLE OPEN SPACE, BUT STILL TO ME THE ORIGINAL CONCEPT WAS SO FAR FROM WHAT I THOUGHT INTENTION WAS AS CLUSTERING, AND BASED ON PRINCIPLES OF CONSERVATION OF SUBDIVISIONS, THAT IT JUST DID NOT MEET THE MARK. THANKS. >> Coun. Davis: THANK YOU. >> Councilor Bassan: A COUPLE MORE CLARIFYING QUESTIONS. SO, FIRST WHAT HAPPENS IF WE DO NOT ACHIEVE THE SAME FULL FIVE VOTES DURING THIS HEARING? SECOND, WHAT HAPPENS, BECAUSE I BELIEVE THERE ARE SEVERAL IDO AMENDMENTS PROPOSED, SO, IF THIS WERE TO GO TO A FULL HEARING AT A LATER DATE, HOW WOULD THE POTENTIAL PASSAGE OF THESE AMENDMENTS AFFECT THIS PARTICULAR CASE. >> Coun. Davis: WE WANT TO CLARIFY OUR PROCESS HERE TOO. >> MELENDRES: HAPPY TO ATTEMPT TO RESPOND. I WILL NOTE FLOOR HAS BEEN CLOSED SO, AT THIS POINT YOUR DELIBERATING, HAPPY TO HELP ANSWER QUESTIONS. IF YOU WANT TO HEAR FROM THE PARTIES TO THIS MATTER, PRESIDENT WOULD NEED TO REOPEN THE FLOOR TO ADDRESS THIS QUESTION. THE FIVE VOTES STANDARD, I RECOGNIZE IS NOT FULLY ACCEPTED AT LEAST BY ONE AND MAYBE BOTH APPELLANTS, HOWEVER, THAT IS SET OUT BY STATE LAW AND THAT STATUTORY REFERENCE IS SECTION 321, 8C AND CITY COUNCIL IS FAMILIAR WITH THAT STANDARD AND WE HAVE DEALT WITH IT BEFORE. IF FIVE VOTES ARE NOT SECURED IN ORDER TO REVERSE THE DECISION OF THE EPC AS REQUIRED BY THAT STATUTE THE COUNCIL WOULD BE ABLE TO ENTERTAIN OTHER MOTIONS WHETHER TO AFFIRM DECISION OUR SOME OTHER MOTION. THE WAY THAT THE STATUTE IS WRITTEN OUT IT REQUIRES FIVE VOTES ONLY TO REVERSE. SO, OTHER MOTIONS WOULD NOT REQUIRE THAT FIVE VOTE STANDARD. I ASSUME THE POLICY REASON FOR THAT, WISDOM, THAT THE LEGISLATORRER APPLIED WAS THAT EPC DELEGATE THE AS YOUR EXPERTS IN THIS AREA. WITH THAT DELEGATION, YOU GIVE THEM DEFERENCE. IF YOU'RE NOT ABLE TO REVERSE BY FIVE VOTES, THAT IS OUTCOME. I THINK THAT IS THE QUESTION THAT YOU HAD AND SO HOPEFULLY THAT IS HELPFUL RESTATEMENT. >> Councilor Bassan: THANK YOU. JUST BECAUSE OF THE LAST EXPERIENCE WE HAD AT LAST COUNCIL MEETING, IF FOR SOME REASON THIS DOESN'T GET FIVE VOTES AND ENTERTAIN ANOTHER MOTION AND THAT DOESN'T GET FIVE, DOES IT GO TO AUTOMATIC FULL HEARING. >> MELENDRES: THIS IS YOUR OPPORTUNITY TO DISPOSE OF THIS APPEAL. YOU HAVE AN OBLIGATION TO HEAR IT AND NOW THAT YOU HAVE HEARD IT, IF YOU'RE UNABLE TO REVERSE AND IF NO OTHER MOTION PASSES, THEN ULTIMATE DISPOSITION IS THAT THE EPC'S DECISION REMAINS UNAFFECTED. THAT WAS THE OUTCOME WITH ANOTHER AC THAT YOU DEALT WITH LAST YEAR. >> Councilor Bassan: HOW DOES ANY POTENTIAL IDO AMENDMENTS -- HOW DOES ANY OF THAT AFFECT THE OUTCOME OF THIS? IT DOESN'T THEN, RIGHT? >> MELENDRES. THIS HAS COME UP AS WELL IN CONTEXT OF OTHER ISSUES AND APPEALS BEFORE COUNCIL AND THE WAY THAT THAT APPEARS TO HAVE SHAKEN OUT IS THAT THE IDO CONTEMPLATES THAT THE RULES IN PLACE ON THE DAY YOU APPLY, APPLY TO YOU THROUGHOUT ENTIRE PROCESS. SO, THE RULES THAT ARE IN PLACE AND THIS COUNCIL IS INTERPRETING AND APPLY WOULD REMAIN EFFECTIVE FOR THIS APPLICATION UNLESS A NEW APPLICATION IS RESUBMITTED UNDER DIFFERENT RULES. >> Councilor Bassan: THANK YOU. >> Coun. Harris: THANK YOU. THIS IS A VERY DIFFICULT LEGAL ISSUE EVEN THOUGH I THINK MR. MELENDRES CITED THE STANDARD CORRECTLY. YOU HAVE ALL THESE UNIQUE ISSUES OF LAW, I THINK THAT SORT OF LIKE A DENOVO REVIEW OF WHAT IS THE LAW. I JUST KIND OF RESORT TO THE FACT THAT WE HAVE TWO OF THE BEST LAWYER IN THE STATE REGARDING LAND USE. (INAUDIBLE). I AM VOTING AGAINST THIS. I THINK THIS IS SOMETHING ELECTED OFFICIALS SHOULDN'T BE DECIDING. THE CITY COUNCIL DOESN'T SET PRECEDENT. I THINK THAT IT IS VERY TELLING THAT (INAUDIBLE) WESTSIDE NEIGHBORHOOD (INAUDIBLE). THAT IS NOT HOW JUDGES ARE SUPPOSED TO DECIDE THINGS. THIS IS A POLITICAL KIND OF OVERLAY ON SOMETHING THAT WAS (INAUDIBLE). FOR THOSE REASONS I VOTE AGAINST THE MOTION. (INAUDIBLE). >> Coun. Davis: THANK YOU. >> Coun. Jones: THANK YOU. I THINK THIS IS ONE OF THOSE ISSUES THAT GENERATE A GREAT DEAL OF PASSION, EITHER POSITIVE OR NEGATIVE. DEPENDING HOW YOU LOOK AT IT AND WHERE YOU LIVE. WHICH IT SHOULDN'T DO. THIS IS SIMPLY BUT COMPLICATED LAND USE HEARING. WHAT MAKES IT MORE DIFFICULT WE HAVE NEW RULES IN PLACE FROM TWO YEARS AGO. ONE OF THEM WHICH ENCOURAGES CLUSTER DEVELOPMENT. IT IS NICE THAT THE DEVELOPERS HAVE WORKED WITH THIS. IT IS A NEW PROCESS, UNFORTUNATELY, I BELIEVE THE WAY IT IS SET UP LEGALLY, THIS PARTICULAR ISSUE WILL BE SETTLED TO SEE HOW THIS WORKS IN THE FUTURE. (INAUDIBLE) I CANNOT SUPPORT A MOTION TO APPROVE THIS. THANK YOU. >> Coun. Davis: THANK YOU. COUNCILORS LAST CALL FOR ANY OTHER DELIBERATIONS OR DISCUSSION ON THE MOTION ON THE FLOOR TO GRANT. GOING ONCE, TWICE. SEEING NO OTHER, WE'LL CLOSE DEBATE AND ASK MS. ORTEGA TO CALL ROLE CALL. MOTION TO GRANT APPEAL, TAKES FIVE VOTES TO CARRY FORWARD. >> Councilor Bassan: NO. >> Coun. Benton: YES. >> Coun. Gibson: NO. >> Coun. Harris: NO. >> Coun. Jones: NO. >> Coun. Pena: YES. >> Coun. Davis: YES. >> THAT FAILS ON A 3-4 VOTE CAN TWO COUNCILORS RECUSING. >> Coun. Davis: AS WE HAVE HEARD IT TAKES FIVE VOTE TO CARRY A MOTION. THAT MOTION FAILS WE CAN ENTERTAIN ANOTHER OR THIS MATTER, DECISION OF THE EPC WOULD BE AFFIRMED FOR LACK OF APPROVAL OF AN APPEAL. ANY MOTIONS ON THE FLOOR FOR AC20-4. >> Coun. Benton: THANK YOU. AS I STATED, I FEEL THAT THE CLUSTERING MISSED THE MARK AND INTENT AND I AM GOING TO MOVE AND I AM SURE EVERYONE IS GOING TO BE UPSET BUT I AM GOING TO MOVE THAT THIS BE REMANDED TO THE EPC. >> Coun. Davis: WE JUST WANT TO CLARIFY, IS THAT OPTION FOR US TO SEND THIS BACK AGAIN. >> MELENDRES. THIS MATTER HAS BEEN SENT BACK ONCE BEFORE THROUGH THIS PROCESS AND NOTHING PRECLUDES FROM YOU DOING THAT AGAIN IF YOU'RE ABLE TO IDENTIFY SPECIFIC DEFICIENCIES THAT THE EPC COULD CURE OR FIX THROUGH MORE PROCESS. >> Coun. Davis: DO YOU HAVE JUST IN ORDER TO SEND THIS BACK DO YOU HAVE SPECIFIC THINGS OR FINDINGS YOU WANT TO,. >> Coun. Benton: MY INTENT IS TO SEND IT BACK TO LOOK AT CONCENTRATION OF BUILDINGS IN THE CLUSTER. >> Coun. Davis: MOTION ON THE FLOOR. ANY SECOND FOR THAT? LAST CHANCE, ANYBODY WANTS TO DO A SECOND. GOING ONCE. GOING TWICE. THAT MOTION WILL FAIL FOR LACK OF A SECOND. >> Coun. Jones: I WOULD LIKE TO MAKE ANOTHER MOTION. I WOULD LIKE TO MAKE A MOTION TO DENY THE APPEAL AND ADOPT FINDINGS. >> Coun. Davis: IS THERE A SECOND. I SEE OTHERS THAT I THINK WILL BE VOTES. DO YOU WANT TO COMMENT ANY FURTHER. IF NOT WE'LL MOVE TO OTHER DISCUSSION. >> Coun. Jones: I WOULD LIKE TO COMMENT. THIS HAS BEEN TIED UP FOR MONTHS YEARS ACTUALLY. AND, I BELIEVE IT IS TIME FOR IT TO MOVE ON TO THE NEXT STEP AND SEE IF THE CITY CAN COME UP WITH A WAY IT CAN BE HAND SO IT WILL WORK IN THE FUTURE AND HOPEFULLY WORK THIS TIME TO A GOOD COMPROMISE. I WOULD URGE YOUR SUPPORT. >> Coun. Davis: ANY OTHER DISCUSSION ON THE MOTION ON THE FLOOR? I SEE COUNCILLOR GIBSON FOR THE MOTION TO DENY THE APPEAL AND ADOPT FINDINGS AT NEXT MEETING. >> Coun. Gibson: THANK YOU. JUST A POINT OF ORDER HERE. OUR OPTIONS ARE TO ACCEPT LUHO RECOMMENDATIONS AND FINDINGS THE? >> Coun. Davis: MR. MELENDRES, WILL YOU CLARIFY. I THINK THE MATTER AND STAFF WRITE-UP WAS RELATED TO THE LAST HEARINGS. >> MELENDRES: WE HAD A BIT OF A INTERSECTION OF VARIOUS STAFF MEMOS GOING AROUND AND THAT THAT YOU'RE REFERRING TO WAS RELEVANT TO YOUR PRIOR HEARING. AT THIS TIME, IF THERE IS A MOTION TO -- WOULD YOU HAVE OPPORTUNITY TO REINSTATE THE LUHO'S FINDINGS AS YOUR OWN AT THIS TIME BUT YOU'RE NOT LIMITED TO THOSE FINDINGS AT THIS TIME, EITHER. >> Coun. Gibson: IF I MAY, I NEEDY GUESS A LITTLE MORE CLARIFICATION. I AM SORRY. OFIF THERE IS NO MORE MOTIONS RIGHT NOW, LUHO WILL BE UPHELD, THE PROJECT CAN PROCEED? IS THAT CORRECT? >> MELENDRES: SO, JUST TO KIND OUTLINE THE LINEAR KIND OF ASPECT OF THIS. AT YOUR LAST HEARING COUNCIL REJECTED THE FINDINGS. THAT DOESN'T MEANNESSLY, LET MEAN, COUNCIL DID NOT ACCEPT. THAT REQUIRES A VOTE OF FIVE. AT THIS TIME YOU ARE DECIDING WHETHER OR NOT ULTIMATELY BASED ON WHAT YOU HAVE HEARD TONIGHT IN THE RECORD, WHETHER OR NOT TO AFFIRM EPC OR REVERSE. THE MOTION TO REVERSE HAS FAILED, MOTION TO DEFER IS FAILED, THERE IS A MOTION BEING MADE TO AFFIRM THE EPC'S WITH FINDING ASSOCIATIONS ADOPTED FINDINGS' ADOPTED NOW R LATER. >> I BELIEVE IT WAS SECONDED ALREADY. I THINK THE MOTION IS ON THE FLOOR AND READY FOR YOU TO DEBATE AND VOTE. >> Coun. Gibson: THANK YOU. >> Coun. Jones: THANK YOU. THE IDEA WITH THE MOTION IS THAT WE WILL DENY THE APPEAL AND THAT WE WILL ADOPT FINDINGS AT OUR NEXT MEETING AND THOSE COULD BE A COMBINATION OF LUHO FINDINGS, WHAT WE DECIDE WILL WORK. WE NEED TO MOVE THIS FORWARD AND DO SOMETHING WITH IT, EITHER LET IT GO TO COURT OR HOPEFULLY NOT OR COME UP WITH SOME WORK THAT WE'LL USE IN THE FUTURE FOR SIMILAR CLUSTER DEVELOPMENT. >> DO YOU HAVE ANY OTHER COMMENTS ON WHAT I JUST SAID THAT YOU NEED TO SLAP MY HAND. >> MELENDRES: I DO NOT. >> Coun. Davis: COUNCIL OR HARRIS. >> Coun. Harris: CAN WE ADOPT FINDINGS ON A 4-3 VOTE EVEN THOUGH WE CAN'T AFFIRM ON A 4-3 VOTE OR REJECT IN. >> MELENDRES: AGAIN, REFERRING TO THE STATUTORY REFERENCE THAT I STATED EARLIER, THAT REFERENCE SAYS THAT FIVE VOTES ARE REQUIRED TO REVERSE. SO, TAKING LEGISLATURE AT ITS WORD NOT READING MEANING KNEE THE STATUTE SUGGESTS IT THAT IT WOULD HAVE SAID FIVE VOTES ARE REQUIRED TO DO ANYTHING. IT DID NOT SAY THAT. IT SAID FIVE VOTES REQUIRED TO REVERSE. THERE BEING NO OTHER LIMITATIONS FOR OTHER MOTIONS, IT IS MY OPINION THAT YOU HAVE THE AUTHORITY TO ADOPT FINDINGS ON A MOTION OF FOUR CONSISTENT WITH EPC'S PRIOR DETERMINATION. >> Coun. Harris: THAT MAKES IT INTERESTING, THANK YOU. >> Coun. Davis: ON BEHALF OF ALL NONLAWYERS. THANK YOU FOR MAKING THIS COMPLICATED. ANY OTHER COMMENTS IF. >> WE'LL LOOK FOR FIVE VOTES AGAIN TO CARRY THIS FORWARD. >> MELENDRES: THIS IS A MOTION TO ATERM EPC AND GIVEN THERE IS NO SPECIAL VOTING STANDARD FOR THIS, SIMPLE MAJORITY WOULD CARRY. >> Coun. Davis: THIS COULD CARRY WITH FOUR VOTES. >> Coun. Pena: THANK YOU. SO, I THINK WHAT WE ARE ALL AGREEING IS THAT, I KNOW, WE ARE REALLY NOT IN A POSITION TO SET PRECEDENT AND SENDING IT BACK TO EPC, YOU KNOW, I THINK DELAYS IT LONGER. AND I THINK, YOU KNOW, THIS IS GOING TO GO TO COURT. IT JUST WILL FEELS AS THOUGH, MAYBE, WITHOUT KIND OF PUTTING THE PRESSURE ON THE NEIGHBORHOODS, AND THE APPELLANTS, THAT MAYBE WE SHOULD JUST TAKE IT OR MOVE IT TO THE NEXT LEVEL WHICH WOULD BE GOING TO DISTRICT COURT SIMILAR TO WHAT COUNCILLOR HARRIS WAS SAYING. I MEAN WE CAN'T HAVE THESE CONVERSATIONS WITH ANYONE SO, YOU KNOW, IT IS KIND OF DIFFICULT BECAUSE I THINK WE ARE KIND OF IN A TOUGH SITUATION HERE BECAUSE I THINK THE QUESTION OF DEVELOPMENT DOESN'T PAN OUT THE WAY WE ARE ALL SEEING. AND, YOU KNOW, SO, I GUESS MY QUESTION IS, IF WE SUPPORT COUNCILOR JONES THEN IT IS JUST SAYING THAT WE DO SUPPORT THE EPC'S FINDINGS? I MEAN, JUST HELP ME OUT. I AM AS COULD BE FUSED AS EVERYONE ELSE. >> MELENDRES. THE MOTION IS TO DENY APPEAL AND AFIRM DECISIONS OF THE EPC. IN DOING THAT YOU WOULD BE MAKING THE ULTIMATE DETERMINATION THAT EPC IN ITS FUNCTION DID NOT COMMIT ANY ERRORS THAT I OUTLINED EARLIER. IT'S DECISION WAS MADE ON SUBSTANTIAL EVIDENCE. A VOTE IN FAVOR OF THE MOTION WOULD BE VOTE IN FAVOR THAT THE EPC DID NOT COMMIT AN ERROR. FINDINGS THAT YOU ADOPT IN FAVOR OF THAT ARE REALLY WHAT THIS PARTICULAR MOTION IS ABOUT AT THIS TIME BECAUSE IF THIS MOTION PASSES IT GIVES YOU OPPORTUNITY TO ADOPT FINDINGS AS TO WHY YOU FEEL THAT WAY ABOUT THE EPC'S DECISION AND WHY YOU COME TO THAT CONCLUSION THROUGH THIS DELIBERATIVE PROCESS. >> Coun. Pena: SO, IS THERE ANY WAY TO -- I MEAN IT SEEMS LIKE WE ARE JUST STUCK. IS THERE ANY WAY, MR. MELENDRES, WOULD THE ONLY WAY TO DO IT IS JUST NOT COME UP WITH A DECISION THIS EVENING OR MOVE TO THE NEXT LEVEL IN. >> MELENDRES. I BELIEVE OBVIOUSLY A LITTLE BIT UNCHARTED TERRITORY. WE HAVE DEALT WITH THIS ISSUE BEFORE. IN MY REVIEW THE STATUTORY REFERENCE IS PRETTY CLEAR. HOWEVER, I THINK GIVEN THE MOTION TO REVERSE EPC FAILED I THINK THAT THE ULTIMATE CONCLUSION HERE IS THAT THIS IS PROBABLY GOING TO THE NEXT STEP REGARDLESS OF THIS MOTION. THIS MOTION GIVES YOU THE OPPORTUNITY TO SORT OF EXHAUST ALL OPTIONS THAT YOU HAVE BEFORE YOU AND DETERMINE WHETHER OR NOT THE CITY COUNCIL CAN COME TO A CONCLUSION. I ACTUALLY THINK IT IS APPROPRIATE STEP TO TAKE TO VOTE UPON THIS MOTION BUT IF THIS MOTION PASSES, IT WILL RESULT IN AN ESSENTIAL AFFIRMING OF THE EPC DECISION AND THAT WILL BE RIPE TO GO TO THE NEXT LEVEL. APPELLANTS WOULD HAVE EXHAUSTED ADMINISTRATIVE REMEDIES WITH THE COUNCIL AND CAN FILE IN DISTRICT COURT. >> IF THE MOTION FAILS, ALL MOTIONS BEFORE THE COUNCIL HAVE FAILED AND THAT IS OPERATION OF THE STATUTE WHICH WOULD RESULT IN THE EPC'S DECISIONSECTIONLY ESSENTIALLY G UNDISTURBED. THEY WOULD BE PRIMED TO GO STRAIGHT TO DISTRICT COURT AND CHALLENGE FINDINGS OF THE. PC. WILL. >> Coun. Pena: THANK YOU. >> Coun. Jones: I AM READY TO CLOSE. I THINK THERE IS A WILL MOTION AND A SECOND ON THE FLOOR. I URGE YOUR SUPPORT. >> Coun. Davis: MS. ORTEGA, WOULD YOU CALL THE ROLE CALL FOR THE MOTION ON THE FLOOR TO DENY THE APPEAL AND ADOPT FINDINGS AT OUR NEXT MEETING. >> Councilor Bassan: YES. >> Coun. Benton: NO. >> Coun. Gibson: YES. >> Coun. Harris: YES. >> Coun. Jones: YES. >> Coun. Pena: NO. >> Coun. Davis: NO. THAT PASSES ON A 4-3 VOTE. >> Coun. Davis: APPEAL IS DENIED AND THE COUNCIL WILL ADOPT FINDINGS AT NEXT MEETING. MOVING ONTO MOTIONS 4AC20-5. I THINK WE ARE GOING TO DO THIS ALL OVER AGAIN. >> Coun. Jones: MR. PRESIDENT, I MAKE A MOTION TO DENY APPEAL AND ADOPT FINDINGS AT NEXT COUNCIL MEETING. >> Councilor Bassan: SECOND. >> Coun. Davis: ANY OTHER DISCUSSION ON THE MOTION ON THE FLOOR? SEEING NONE. >> Councilor Bassan: YES. >> Coun. Benton: NO. >> Coun. Gibson: YES. >> Coun. Harris: YES. >> Coun. Jones: YES. >> Coun. Pena: NO. >> Coun. Davis: NO. THAT PASSES ON 4 DARE 3 VOTE. >> Coun. Davis: APPEAL IS DENIED AND COUNCIL WILL ADOPT FINDINGS AT NEXT MEETING. THANK YOU TO THE PARTIES FOR PARTICIPATING. MR. MOYA WILL SHOW YOU OUT AND BACK INTO OUR WAITING ROOM. YOU ARE WELCOME TO STAY. AT THIS POINT WE ARE GOING TO TAKE A BREAK. WE NORMALLY TAKE A DINNER BREAK SOME TIME AROUND 7:00 BUT THAT IS USUALLY WHEN THE MEETING STATES AT 5:00. WE ARE GOING TO TAKE -- IT IS 6:35. WE'LL COME BACK AT 10 MINUTES UNTIL 7:00. TRY TO BE BACK AT 6:50. WE'LL TAKE UP ITEMS FOR THE JOURNAL COMMUNICATIONS INTRODUCTIONS AND REST OF THE BUSINESS. (COUNCIL IN RECESS) >> Coun. Davis: WE ARE BACK FROM DINNER BREAK. WE WILL START NEXT ITEM WITH MADAM VICE PRESIDENT. >> Coun. Gibson: THANK YOU. I MOVE APPROVAL OF THE AUGUST 3 JOURNAL. >> Coun. Davis: THANK YOU FORWARD SECOND COUNCILOR BASSAN. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> PASSES ON 8-0 VOTE. >> THE DAY OF DID I HAVE COUNCILOR HARRIS NOT PRESENT FOR THE REST OF THE MEETING. >> COUNCILORS ARE THERE ANY CHANGES TO YOUR LETTER OF INTRODUCTION? COUNCILOR SENA AND GIBSON. >> Coun. Sena: YES, THANK YOU. I MOVE THAT THE RULES BE SUSPENDED FOR THE PURPOSE OF PLACING R-90 ON THE AGENDA FOR ACTION. SUPPORT FOR CORONAVIRUS SUPPORT AND RECOVERY PROGRAM. >> DAY OF YOU'RE A SECOND. >> Coun. Gibson: I AM A SECOND THANK YOU. >> Coun. Davis: ANY DISCUSSION. SEEING NONE. 2/3 OF COUNCILORS BEING REQUIRED. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. I AM GOING TO TAKE YOUR R-89 AT THE VERY END BECAUSE I THINK THERE WILL BE DISCUSSION. >> R-91. >> Coun. Pena: MOVE RULES BE SUSPENDED FOR THE PURPOSE OF PLACING R-91 ON THE AGENDA FOR ACTION. IS APROVING FISCAL YEAR 2021 APPROPRIATIONS TO SUPPLEMENT FOR EVICTION DURING PUBLIC HEALTH EMERGENCY. >> Coun. Borrego: SECOND. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> Coun. Benton: I MOVE RULES BE SUSPENDED FOR THE PURPOSE OF INTRODUCING EC-134 AND PLACING IT ON THE SEPTEMBER 9 COUNCIL AGENDA. FOR ACTION. IT IS MAYOR'S APPOINTMENT OF BERNARD TO THE PERSONNEL BOARD. >> Coun. Davis: SECOND. ANY OTHER DISCUSSION? OF. >> Councilor Bassan: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. 8-0. >> Coun. Benton: MOVE RULES BE SUSPENDED FOR THE PURPOSE OF INTRODUCING O-31 AND REFERRING IT TO FINANCE AND GOVERNMENT OPERATIONS COMMITTEE. AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ALBUQUERQUE TRANS PORE TAGS INFRASTRUCTURE, GROSS RECEIPTS TAX IMPROVEMENT REVENUE BONDS SERIES 2020 AGGREGATE PRINCIPAL NOT TO EXCEED 50 MILLION. >> Coun. Gibson: SECOND. >> Coun. Benton: I HAVE A QUESTION. THIS IS THE SALE OF THE BONDS. THIS IS GOING TO FGO. I WAS UNDER IMPRESSION THAT WAS GOING TO BE FOR HOLD OVER. BUT I DIDN'T MAKE THIS MOTION. >> IT IS MY UNDERSTANDING FROM PADILLA GIVEN WE ARE HAVING A FINANCE COMMITTEE MEETING NEXT WEEK, THAT AT THAT TIME THEY MAY REQUEST IMMEDIATE ACTION OUT OF FGO SO THIS COULD APPEAR ON THE SEPTEMBER 9 AGENDA. >> I'LL ENSURE THAT IT IS PUBLISHED AND MEETS PUBLICATION REQUIREMENTS AS WELL. >> Coun. Davis: THAT WAS PREFERENCE THAT CAME DOWN FROM THE 11TH FLOOR. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> I MOVE RULES BE SUSPENDED FOR THE PURPOSE OF INTRODUCING EC-135 AND REFERRING IT TO FINANCE AND GOVERNMENT OPERATIONS COMMITTEE. AGREEMENT WITH THE HOUSING AUTHORITY UTILIZING CDBG BLOCK GRANT IN AMOUNT OF 1.6 MILLION AND CHANGE FOR PUBLIC HOUSING PROPERTIES. THE DO WE HAVE A SECOND? >> Coun. Borrego: SECOND. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> R-11, COUNCILLOR PENA. >> Coun. Pena: THANK YOU. I MOVE RULES BE SUSPENDED FOR THE PURPOSE OF PLACING R-89 ON THE AGENDA FOR ACTION. DELAYING I BELIEVE PRESENTMENT TAGS OF THE 2018 INTERNATIONAL ENERGY CONSERVATION QUOTE FOR PERIOD OF APPROXIMATELY SIX MONTHS TO ALLOW CONSTRUCTION INDUSTRY TO ADOPT NEW WILL REQUIREMENTS AND TO REQUIRE STUDY TO BE CONDUCTED ON PRICE INCREASE OF RESIDENTIAL DEVELOPMENT ASSOCIATED WITH REQUIREMENTS OF THE 2018 WILL IECC. >> Coun. Davis: COUNCILOR BORREGO OFFERS SECOND. >> FLOOR IS OPEN FOR DISCUSSION. >> Coun. Gibson: I WON'T SUPPORT THIS. I WANT TO EXPLAIN. WE DID PASS THIS AT LAST MEETING BY MAJORITY. THIS IS SOMETHING THAT HAS BEEN IN THE WORKS FOR A COUPLE OF YEARS NOW. IT ISN'T ANY SURPRISE AND I JUST DON'T THINK THAT -- I THINK IT SENDS A DUAL MESSAGE BY OFFERING OR POTENTIALLY EVEN HANDLING THIS IN EXPEDITED WAY AFTER WE HAVE JUST PASSED THE CODE LAST TIME. I WON'T BE SUPPORTING THIS. VERY SORRY. >> Councilor Bassan: I AM GOING TO SUPPORT THIS BECAUSE I THINK THAT IT DESERVES TO HAVE SOME KIND OF DISCUSSION PAST JUST GETTING IT OFF APPROVAL HERE. BUT, I ALSO THINK THAT IT IS NOT ENOUGH TO RUSH IT. THERE IS NEW EVENTS AND I THINK WE SHOULD KEEP AN OPEN MIND. THERE IS TRAINING THAT IS GOING TO BE NECESSARY AND ALLOW FOR SOME TIME FOR THAT. >> Coun. Borrego: THANK YOU. IF YOU REMEMBER AT OUR LAST MEETING, I OFFERED AMENDMENT THAT WE LOOK AT THE STATE CODE AND TRY TO FIND AREAS WHERE WE COULD BE AT LEAST MAYBE NOT COMPLETELY DUPLICATIVE BUT AREAS THAT MIGHT WARRANT REVIEW AND THAT AMENDMENT PASSED AT OUR LAST MEETING AND THAT WAS PART OF THE ORIGINAL BILL. SO, I DO THINK THAT BECAUSE OF THE LETTERS THAT WE DID RECEIVE FROM SOME OF THE BIG GROUPS THAT DEAL WITH BUILDING HOUSING AND COMMERCIAL DEVELOPMENTS, LIKE THE HOME BUILDERS AND OTHERS, THAT SUPPORT THIS, I THINK IT WARRANTS OUR REVIEW. AND I DON'T THINK THAT IT IS GOING TO ALLOW CONTRACTORS TO SORT OF COMPLY WITH THE NEW REGULATIONS AND SORT OF GEAR UP. SO, I THINK FOR THOSE REASONS I WILL BE SUPPORTING THIS. >> Coun. Davis: COUNCILOR BENTON. >> Coun. Benton: JUST SINCE WE ARE HERE AGAIN I WANT TO REFUTE A COUPLE OF THINGS THAT WERE STATED BY THE REPRESENTATIVES OF THE HOME BUILDERS ASSOCIATION. FIRST OF ALL I NEVER CALLED ANYTHING SHODY THAT THEY BUILT. I SAID IT WAS SUBSTANDARD. BY DEFINITION IT WAS SUBSTANDARD. THIS BILL AND AMENDMENTS PROPOSED (INAUDIBLE). THIS BILL IS ESSENTIALLY CALLING 4 US TO START OVER AND I THINK OUR MOVING THIS BILL FORWARD (INAUDIBLE). MR. GARCIA SAID THERE WAS ONLY ONE MEETING OF THE COMMITTEE THAT REVIEWED THIS CODE. AND, YOU KNOW, THERE MAY HAVE BEEN ONLY ONE MEETING HE ATTENDED BUT I KNOW FOR A FACT I COULD CHECK WITH OUR STAFF THERE WAS MORE THAN THAT. THERE WERE MULTIPLE MEETINGS OF THAT ADVISORY GROUP. SO, THIS HAS IN FACT BEEN OUT THERE FOR TWO YEARS. AND, DISCUSSED AS A PRIORITY OF THE COUNCIL TO MOVE FORWARD WITH SOMETHING DIFFERENT IN THE LAST TWO YEARS. SO, I JUST WANT TO REFUTE THOSE TWO POINTS. I ABSOLUTELY OPPOSE HEARING THIS TONIGHT AND I FEEL THAT IT IS JUST BECAUSE THE STATE ACTED BECAUSE WE JUST ACTED, DOESN'T MEAN WE HAVE TO FOLLOW ALONG WITH THE STATE. ALSO I MEAN ANOTHER RED HERRING THAT WAS BROUGHT UP AT THIS POINT WE ARE BEING ASKED TO FOLLOW THE LEAD OF A GROUP LIKE HOME BUILDERS ASSOCIATION WHICH HAS RESISTED ANY CHANGE OF THE CODE. IF IT WERE UP TO THEM I HAVE A DOUBT THEY WOULD LIKE TO STAY WITH THE 2009 CODE FOR AS LONG AS POSSIBLE. BUILD THE SAME THING THEY HAVE BEEN BUILDING. IT IS NOT THEY DON'T WANT ENERGY EFFICIENCY. IT IS THE EASIEST THING TO DO IF YOU'RE A BUILDER. OF COURSE THE IDEA THAT BECAUSE SOME SURROUNDING AREAS ARE ALL ADOPTING THIS CODE, THAT WE WOULD HOLD BACK, BECAUSE THERE MAY BE SOME INCONVENIENT TOURISMY OF OLD WINDOWS SITTING AROUND IS ALSO SORT OF PREPOSTEROUS. I DON'T SUPPORT THIS. I REALLY THE, TO ME IT SORT OF SURPRISING WE ARE GOING TO COME BACK AND EVEN CONSIDER ACTING ON THIS TONIGHT. >> Coun. Gibson: THERE IS A SMALLER RECORD IN THE STAFF WRITE-UP AND THAT IS A GOOD REASON FOR US NOT TO MOVE OR GO IN THE DIRECTION OF EXPEDITING THIS. AND I DID TALK ABOUT THAT AND SHE JUST MADE A VERY SIMPLE MISTAKE. BUT IT IS ABOUT THE CONSTRUCTION COSTS IN THIS. AND, THESE ARE THE CONSTRUCTION COSTS THAT CAME FROM THE MEMO THAT WE ALL RECEIVED THAT THE DOE ADD COMMISSIONED A STUDY THAT WAS DONE BY THE NORTHWEST NATIONAL LABORATORY. STILL SHOWS OPPOSITION TO THIS. TO THE CODE THAT WE ADOPTED TWO WEEKS AGO. SO, I JUST WANTED TO BRING UP THOSE TWO THINGS BUT DEFINITELY BECAUSE THE STAFF WRITE-UP ERROR WE SHOULD TAKE CARE OF THAT BEFORE HEARING THIS. >> Coun. Davis: LET ME CLOSE BY SAYING, I AGREE THAT I DON'T THINK THIS IS NECESSARY AS WAS POINTED OUT. STATE ADOPTED THEIR OWN CODE WHICH IS 2018 CODE WHICH GOES INTO FULL EFFECT ON FEBRUARY 6. I THINK IT IS INCUMBENT ON US TO HAVE OUR OWN VERSION OF THAT CODE. THIS IS NOT SOMETHING THAT IS BEING THRUST ON ANYBODY OVERNIGHT. I RECEIVED CALLS, THERE IS A WORK GROUP, THIS COUNCIL HAD TO PASS LEGISLATION REQUESTING ADMINISTRATION SET THAT UP. I RECEIVED CALLS FROM HOME BUILDERS AND ABOUT NAOP AND, FOR AT LEAST A YEAR-AND-A-HALF, MORE THAN A YEAR, ABOUT THESE CODES AND TALKING ABOUT WHAT IT TAKES TO PREPARE AND BEING PREPARED. A CLEAR UNDERSTANDING THESE YOUR NEW CODES BUT THAT IS SORT OF HOW THEY WORK. WE ADOPT, NEW PLANS MUST MEET THESE STANDARD SO THE STANDARD WILL BE CLEAR. FOR C LEAR. LEGISLATION WILL MOVE FORWARD AND GO TO COMMITTEE, TO THE FINANCE AND GOVERNMENT OPERATIONS COMMITTEE AND BACK FOR FINAL ACTION AS EARLY AS END OF THIS MONTH. SO I DON'T THINK THERE IS A NEED TO RUSH THIS TODAY. I THINK WE WILL, I DON'T SUPPORT LEGISLATION IN ITSELF BUT DON'T SEE A NEED TO RUSH. SEEING NO OTHER DISCUSSION, COUNCILLOR PENA TO CLOSE ON THE MOTION TO SUSPEND RULES. >> Coun. Pena: THANK YOU. THAT WAS A LOT OF DISCUSSION ON SUSPENDING RULES. BUT, ANYWAY, I JUST WANT TO SAY THAT WITH ALL THE CONVERSATION THAT IS GOING ABOUT, THIS REALLY ISN'T ABOUT ADOPTING IT OR NOT BECAUSE ULTIMATELY I VOTED FOR IT AT THE LAST MEETING. I THINK IT IS IMPORTANT AND I THINK IT IS IMPORTANT FOR OUR CITY BUT FOR ME ULTIMATELY, EVEN THE WRITE-UP TALKS ABOUT GIVING DEVELOPMENT COMMUNITY TIME. I HAVE BEEN VERY CLEAR WITH EVERYONE. MY PRIMARY CONCERN IS PRICING NEW POTENTIAL HOME BUYERS IN HOMES RIGHT? I REALLY WANTED TO UNDERSTAND WHAT THOSE ADDED COSTS WOULD BE. VERY CLEAR IT IS GOING TO BE A SAVINGS OF 6,000, WHICH IS IMPORTANT AND GOOD. BUT WHEN SOMEONE CAN'T EVEN AFFORD TO BUY THE HOME INITIALLY, THAT IS CONCERNING TO ME. WHEN YOU GO AND YOU GET A FIRST TIME HOMEOWNERS AND PRICE OF HOMES IN ALBUQUERQUE IS ABOUT $150,000, IF IT GOES UP TO $160,000 FOR NEW HOMEOWNERS, WE ARE PRICING PEOPLE OUT OF HOMEOWNERSHIP AND SAME FOR EVEN RENTAL PROPERTIES. >> THAT IS MY PRIMARY CONCERN. THE REASON I WANTED TO DAY IT WAS TO GET TIME SO WE CAN FIND OUT IS THERE ANYTHING THAT WE NEED TO DO AS A CITY TO INCENTIVIZE PEOPLE SO THAT WE DON'T PRICE THAT LOWER LEVEL OUT OF HOMEOWNERSHIP. WHAT DO WE NEED TO DO IF THEY ARE GOING TO HAVE TO INCUR THAT COST AND THEN WHEN WE TALK ABOUT IT BEING IMPLEMENTED BY THE END OF THE MONTH. THAT WAS SECONDARY. WE SHOULD PROBABLY WAIT UNTIL THE STATE GOES AHEAD AND DOES THEIRS BECAUSE I THINK THAT WE ARE GOING TO HAVE TO -- THE RULE CAN'T BE STRICTER. WE CAN'T BE STRICTER. THERE IS GOING TO BE SOME KINKS. WE ARE THE ONES THAT ADOPTED THIS PRIMARILY AND THIS GIVES EVERYONE TIME TO REALLY ANSWER THE QUESTION THAT I HAD SINCE THE LAST MEETING THEN GIVES TIME TO IMPLEMENT IT. >> FIGURE OUT WHAT WE NEED TO DO AS A COUNCIL TO HELP FOLKS MAKE SURE THAT ONES THAT HAVE BERNALILLO LOOKING AT HOMES FOR A CERTAIN PRICE, THAT ALL OF A SUDDEN THEY TURN AROUND AND CAN'T AFFORD THAT PRICE NEXT MONTH. >> Coun. Davis: WE NEED 2/3 OF COUNCILORS PRESENT TO VOTE IN AFFIRMATIVE FOR SUSPENSION OF THE RULES. COUNCILOR HARRIS IS ABSENT SO REQUIRES SIX VOTES. >> Councilor Bassan: YES. >> Coun. Benton: NO. >> Coun. Borrego: YES. >> Coun. Gibson: NO. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: NO. >> Coun. Davis: NO. >> THAT FAILS ON 4-4 VOTE. >> Coun. Davis: THAT MATTER WILL BE REFERRED TO FINANCE AND GOVERNMENT OPERATIONS. HEARD NEXT WEEK. SO, SEEING NO OTHER CHANGES. >> Coun. Gibson: THANK YOU. I MOVE APPROVAL OF THE LETTER OF INTRODUCTION. >> Coun. Davis: DO YOU HAVE A QUESTION OR IS THAT A SECOND. >> Coun. Borrego: SECOND. >> Coun. Davis: SEEING NO DISCUSSION. CALL THE ROLL. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. 8-0. >> REPORTS OF COMMITTEE. COUNCILOR FROM THE NEAR HEIGHTS. >> Coun. Gibson: FINANCE AND GOVERNMENT OPERATIONS COMMITTEE MET MONDAY, AUGUST 10, AND REPORTS OUT IN THE MATTER OF EC-12, EC-13, EC-14 AND EC-117 THAT RECEIPT BE NOTED. IN THE MATTER OF EC-1 FINISHINGS EC-116, THEY BE APPROVED AND IN THE MATTER OF R-18, R-22, R-68, THAT THEY BE WITHOUT RECOMMENDATION. IN THE MATTER OF O-29, THAT IT DO PASS AS AMENDED. AND ACTED ON AT THE MEETING AT WHICH REPORTED. I MAKE A MOTION TO ACCEPT THE COMMITTEE REPORT. >> Coun. Davis: THANK YOU. WE HAVE A SECOND FROM COUNCILOR BASSAN. MOTION TO ADOPT COMMITTEE REPORT. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> TO FAR HEIGHTS. >> Coun. Jones: THANK YOU. LAND USE PLANNING AND ZONING COMMITTEE MET ON WEDNESDAY, AUGUST 12, REPORTS OUT FOLLOWING ITEMS. IN THE MATTER OF O-9 THAT IT DO PASS. IN THE MATTER OF O-10 IT DO PASS AS AMENDED. I MAKE A MOTION TO ACCEPT THE COMMITTEE REPORT. >> Coun. Davis: I SEE A SECOND FROM MYSELF. SEEING NO OTHER DISCUSSION, MS. ORTEGA. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> 8-0, THANK YOU. >> DEFERRALS AND WITHDRAWALS. ANY DEFERRAL OR WITHDRAWALS? >> Coun. Pena: PEN MOVE DEFERRAL UNTIL SEPTEMBER 9 OF SUBJECT R-189, AMENDING COME POSSESSION OF THE BOARD OF HOUSING COMMISSIONERS FOR THE ALBUQUERQUE HOUSING AUTHORITY. >> THE. >> Coun. Davis: THANK YOU COUNCILOR BASSAN FOR A SECOND. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> 8-0. >> Coun. Davis: LAST ONE OF THESE, O-29. MOVE DEFERRAL UNTIL SEPTEMBER 9. AMENDING SECTION SIX OF THE CITY CHARTER CHAPTER 2, ARTICLE IV. ROA1994 TO CHANGE DATES FOR EXPLORATORY PERIOD FOR MAYORAL CANDIDATES. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> CLERK: 8-0. >> Coun. Davis: THANK YOU. NEXT UP CONSENT AGENDA. ANY CHANGES TO OUR CONSENT AGENDA? SEEING NONE, TO THOSE INDIVIDUALS WHO HAVE STALK WITH US FOR THE FIRST FOUR HOURS WE HOPE YOUR MEETINGS ARE NOT AS LONG AS OURS. YOU THAT HAVE STUCK IT OUT TO BE ON BOARDS AND COMMISSIONS, THANK YOU FOR DOING THAT AND AGREEING TO SERVE. I WANT TO GIVE A SHOUT OUT TO TAYLOR. I HAPPEN TO RECOGNIZE HIS NAME. SHOUT OUT IF YOU'RE WATCHING. ANY OTHER DISCUSSION ON THOSE ITEMS. DO YOU HAVE A MOTION. >> Coun. Gibson: I MOVE APPROVAL OF THE CONSENT AGENDA. >> Coun. Davis: I SEE A NUMBER OF SECONDS. I'LL TAKE COUNCILOR BASSAN. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. 8-0, THANK YOU. >> Coun. Davis: CONGRATULATION S AND WELCOME. ANNOUNCEMENTS. >> Coun. Gibson: I'LL TAKE THIS. THERE WILL BE A COMMITTEE FOR GUIDELINES ON NEGOTIATIONS MEETING ON TUESDAY, AUGUST 18 AT 11:00 A.M. VIA ZOOM VIDEO CONFERENCE. >> Coun. Davis: DO YOU HAVE ANOTHER ANNOUNCEMENT ABOUT FGO. >> Coun. Gibson: THERE WILL BE A FINANCE AND GOVERNMENT OPERATION,. >> Coun. Davis: COUNCILOR 17 A. >> Coun. Sena: THERE WILL BE A PUBLIC SAFETY COMMITTEE MEETING TUESDAY, AUGUST 25 AT 3:00 P.M. VIA ZOOM VIDEO CONFERENCE. >> Coun. Davis: ANY OTHER ANNOUNCEMENTS? >> SEEING NONE WE ARE ON FINAL ACTIONS. R-47. >> Coun. Benton: THANK YOU. APPROPRIATING FUNDS TO IMPLEMENT THIRD PHRASE OF THE TRANSPORTATION INFRASTRUCTURE TAX AMENDING CAPITAL IMPLEMENTATION PROGRAM OF THE CITY BY APPROVING NEW PROJECTS. I MOVE A DO PASS. >> Coun. Davis: I SEE COUNCILOR BORREGO AS A SECOND. THERE YOUR AMENDMENTS AND ADMINISTRATION HAS COMMENTS. I'LL LET YOU DECIDE WHICH DIRECTION YOU WANT TO GO. >> Coun. Benton: I KNOW THAT THERE IS DESIRE BY ADMINISTRATION TO DEFER THIS UNTIL WE CAN HEAR THE BOND PROPOSAL. THE BOND THAT WAS JUST BEING INTRODUCED. THAT IS FINE. BUT I THINK I WOULD LIKE TO GO AHEAD AND MOVE THE AMENDMENTS BUT FIRST I DID WANT TO ASK, JUST AS FAR AS THE SCENARIO, IS MR. MENICUCCI ON THE CALL. I WANTED TO ASK HIM JUST A PROCEDURAL QUESTION, WHAT WOULD IT MEAN IF WE WERE TO GO AHEAD AND PASS THIS BILL TONIGHT BECAUSE I THINK WE HAVE COME TO PRETTY MUCH AGREEMENT ON THIS PROJECTS LIST. IF WE WERE TO DO THAT AND NOT HAVING PASSED THE BOND PROPOSAL YET, WHAT WOULD THAT MEAN AND WHAT WOULD THAT LOOK LIKE? >> MENICUCCI: SO, COUNCILOR TONIGHT I THINK THE BEST WAY TO EXPLAIN THAT IS EXPLAIN IT THE WAY WE TALKED ABOUT HOW WE FUNDED PROJECTS FOR THE QUARTER CENT PASS 20 YEARS. HISTORICALLY AT THE BEGINNING OF EACH TAX WE PASSED A 10 YEAR PLAN. IN THAT 10 YEAR PLAN WHAT WE DID IS THEY LISTED PROJECTS AND THEN FOR EACH YEAR OF THAT PLAN THEY WOULD ASSIGN FUND COMING IN FOR THAT YEAR FOR THAT PROJECT. YEAR ONE THEY WOULD SAY IMPROVEMENTS TO MAPLE STREET FUNDED YEAR 1, ELM STREET YEAR 2 AND 4 SO FORTH. WHAT I THINK THE ADMINISTRATION IS PROPOSING TO DO IS CHANGE THAT INSTEAD OF HAVING TO WAIT FOR PROJECTS SOMETIMES TO WAIT 10 YEARS TO GET A PROJECT DONE THAT IS NEEDED 10 YEARS BEFORE THE TAX WAS PASSED WAS TO GO AHEAD AND LET'S BOND OUT AND PROPOSING TO BOND OUT 15 YEARS OR DO 15 YEAR BOND AND TAKE A CHUNK OF THE INCOMING REVENUE ABOUT 57 MILLION OR 56.5, SOMETHING LIKE THAT AND BOND IT OUT AND THAT WAY WE CAN GET THESE PROJECTS DONE IN THREE OR FOUR YEARS INSTEAD OF WAITING 10 OR 15. SO, THAT IS KIND OF WHAT THE CHANGE IS. TONIGHT IF WE WERE TO PASS AMENDMENT TONIGHT IT WOULD BASICALLY SAY LOOK HERE IS A LIST OF PROJECTS WE CONSIDER IMPORTANT. AND THAT THEY WOULD LIKE FUNDED AND THEY WANT THESE FUND A CERTAIN AMOUNT TO EACH PROJECT. THAT WOULD ESTABLISH IT. THAT WOULD MEAN THAT IN THE NEXT UNDER THIS AMENDMENT IT WOULD BE 15 YEARS. DURING NEXT 15 YEARS, 57 MILLION OF THE REVENUE COMING IN FOR TRANSPORTATION WOULD HAVE TO BE ASSIGNED TO THESE PROJECTS. THEY HAVE 18.9 MILLION COMING IN FOR TRANSPORTATION. IT RUNS OUT TO 290 MILLION COMES IN IN NEXT 15 YEARS, 57 MILLION WOULD GO TO PROJECTS AND ANOTHER PORTION WOULD GO TOWARDS I THINK IT WOULD BE FIVE YEARS 250,000 A YEAR, 1.25 MILLION GO TO THE MTMP UNDER THIS AMENDMENT AND REMAINING WOULD BE USED FOR REHAB OR SOME OTHER PURPOSE WITHIN THE TRANSPORTATION SECTOR. SO, THAT IS WHAT THIS WOULD DO. ADMINISTRATION THEN NEXT WEEK WE WOULD HEAR BOND AND IF WE PASS THE BOND THEN THE BOND BILL BASICALLY, IF YOU ALL PASS THE BOND BILL, WHAT WOULD HAPPEN IS THAT 57 MILLION WOULD BE BONDED AND BONDS SOLD AND WITHIN A YEAR OUR TWO OR YEAR, ALL THOSE FUNDS WOULD BE AVAILABLE TO START BUILDING THOSE PROJECTS AND MOST BUILT OUT IN THREE OR FOUR YEARS. YOU WOULDN'T BE IN A SITUATION WHERE SOME OF THE PROJECTS GET BUILT ON THE FIRST COUPLE AND SOME IN MIDYEARS AND SOME HAVE TO WAIT. THAT IS WHAT HAPPENS IF YOU PASS THE BOND. IF YOU DON'T PASS THE BOND BILL NEXT YEAR, ALL THAT MEANS IS THAT THEN ADMINISTRATION WILL BE GETTING THE MONEY EACH YEAR AND AS THE MONEY COMES IN, THEY SIMPLY HAVE TO ASSIGN IT TO PROJECTS THAT NEED TO BE BUILT, FIRST, SECOND AND THIRD. UNLESS THEY GET 57 MILLION IN AND THEY CAN BUILD PROJECTS. OR ELSE THE COUNCIL CAN GO BACK AND ASK ADMINISTRATION TO PRESENT A PLAN LIKE HAPPENED IN LAST TWO QUARTER CENTS AND SEND US A PLAN THAT SAYS THIS IS THE YEAR THAT PROJECT WILL BE BUILT. TONIGHT'S PASSING THIS AMENDMENT DOESN'T REALLY, JUST BASICALLY ASSIGNS MONEY TO THESE PROJECTS. IT WILL NOT BE IMPACTED IF YOU PASS THE BONDS NEXT WEEK OR NOT. WHAT WILL BE IMPACTED IS MORE THE TIMING OF THE PROJECTS. >> Coun. Benton: LET'S HEAR FROM THE ADMINISTRATION. >> RAEL: SO, THIS BILL APPROPRIATES ALL OF THE PROCEEDS FROM THE QUARTER CENT TAX ON A PER YEAR BASIS SO IF YOU LOOK AT THE ACTUAL SECTION 1, IT APPROPRIATES ALL OF THE MONEY FOR THE ROAD INFRASTRUCTURE IMPROVEMENTS FOR TRAILS AND FOR TRANSIT. IF WE WERE JUST GOING TO PAY AS WE GO, WHICH IS WHAT WE HAVE DONE IN THE LAST 10 YEARS BECAUSE OF THE SUNSET CLAUSE, WOULD YOU HAVE THIS, THIS BILL WOULD BE FINE. BECAUSE OF OUR INTEREST TO TRY AND GET MAJOR PROJECTS DONE AND GETTING THEM FUNDED QUICKLY, BECAUSE FOR PRICING REASONS AND INTEREST RATES ARE SO GOOD IN THE MARKET IT MAKES SENSE FOR US TO TAKE A PORTION OF THE PROCEEDS TO BOND TO GET MONEY FOR PROJECTS THAT IMPORTANT FOR THE CITY AS A WHOLE. THE ISSUE THAT I HAVE IS A TECHNICAL ISSUE AND BASICALLY IT IS DEFERRING TO THE COUNCIL AND THAT IS THAT THE AMENDMENT AS I SAW IT THAT WAS SENT TO US LATE THIS AFTERNOON OR BEFORE THE MEETING STARTED, SOMEWHAT PRESUPPOSES THAT THE COUNCIL IS GOING TO APPROVE THE BONDS BY INSERTING IT IN THIS BILL AND PASSING IT TONIGHT. MY ONLY CONCERN WAS I WANT TO MAKE SURE THAT ALL OF YOU AS COUNCILORS HAVE SEEN THE BOND BILL AND AGREED TO THE BONDS, BEFORE WE PUT IT IN A PIECE OF LEGISLATION THAT WE PASS TONIGHT. IF YOU ALL ARE COMFORTABLE AND WANT TO PUT THE AMENDMENT HERE AND GO WITH THAT, THAT IS FINE TOO BUT IT WAS MORE OF A CONCERN THAT THE BOND BILL HASN'T EVEN BEEN HEARD AND THAT WE ARE ALREADY APPROPRIATING THE 57 MILLION IN THIS BILL TONIGHT BEFORE YOU ALL TAKE THE ACTION NECESSARY TO PASS IT. BUT, I WILL DEFER TO COUNCILLOR BENTON SINCE HE IS SPONSORING THE AMEND THE AND A. I JUST WANTED TO MAKE SURE WE WEREN'T GETTING AHEAD OF OUR SELFS. >> Coun. Benton: THE SCENARIO I GUESS WHAT I AM HEARING, MR. RAEL, WOULD BE THAT THE BOND BILL IS GOING TO FGO AND WOULD BE HEARD, REPORTED OUT AT FGO. WITHOUT A RECOMMENDATION OF IMMEDIATE ACTION. NEXT TIME AT WHICH THAT IS ACTED UPON BY THE COUNCIL WE'LL HAVE THIS BILL UP AT THE SAME TIME AND THAT BILL SHOULD BE PASSED FIRST FOLLOWED BY THIS ONE? >> RAEL: WE WOULD LIKE TO GET THE BILL IN FGO FOR IMMEDIATE ACTION SO THAT WE CAN GET IT OUT QUICKLY. I JUST WANTED TO MAKE SURE, COUNCILORS AND COUNCILLOR BENTON, THAT WE DIDN'T APPROPRIATE MONEY IN THIS BILL THAT WE DON'T HAVE YET. SIMPLY BECAUSE WE HAVEN'T APPROVED BONDS. IF YOU ALL FEEL COMFORTABLE PUTTING IT IN, WE CAN EITHER DEFER THIS UNTIL THE BOND BILL GOES THROUGH OR YOU CAN DO IT NOW AND WE'LL JUST TAKE IT AS ADVISEMENT BECAUSE WE DON'T HAVE THE 57 MILLION UNTIL WE SELL THE BONDS AND YOU APPROVE THEM. >> Coun. Benton: WE'RE PROBABLY JUST BORING EVERYBODY AND EXTEND THE MEETING BUT ISN'T IT TRUE WHAT TOM WAS SAYING THAT OVER THE LIFE OF THIS ACT, WHAT NORMALLY WOULD BE THE BOND RATE, WE WILL SEE THAT MUCH MONEY. IT WOULD BE A QUESTION OF, I MEAN THESE PROJECTS WOULD STILL BE LEGITIMATE ON A LIST BUT ONLY SOME OF THEM WOULD BE ACHIEVABLE IN THE SHORT TERM. ISN'T THAT TRUE? FLUSH. >> RAEL: SURE, FULL THAT YOU WANT TO WAIT TO BUILD A PROJECT LIKE PASEO DEL NORTE IN FIVE OR SEVEN YEARS FROM NOW. DEPENDING HOW LONG YOU WANT TO WAIT. IT IS TRUE THAT THE TAX WILL EVENTUALLY YIELD THAT AND MORE. FROM THE PERSPECTIVE, IT JUST IS A PROCESS QUESTION. WHATEVER YOU ALL FEEL COMFORTABLE WITH. >> Coun. Benton: I WILL MOVE FOR DEFERRAL. >> Coun. Davis: DEFERRAL UNTIL OUR NEXT MEETING WHICH IS SEPTEMBER 9. I'LL MAKE A MOTION, I WILL SECOND THAT MOTION. NEXT UP IS COUNCILOR BORREGO. >> Coun. Borrego: I DIDN'T HAVE AN OPPORTUNITY TO ASK ANY QUESTIONS. >> Coun. Davis: WE HAVE A MOTION UP FOR DEFERRAL. IT IS UP TO YOU. >> Coun. Borrego: I AM SUPPORTIVE OF DEFERRAL AFTER DISCUSSION BUT DID I HAVE I DID HAVE QUESTIONS AND I'LL DEFER THOSE. I WANTED TO BE CLEAR ABOUT HOW THE BOND DOES EFFECT PASEO DEL NORTE AND I KNOW THAT THERE IS A LIST OR CATEGORIES AND I WANTED TO ENSURE THAT IN THOSE CATEGORIES WE ARE ALSO LOOKING AT AND I GUESS THIS IS A QUESTION FOR MR. RAEL, IF THERE IS ALREADY FUNDING AVAILABLE FOR SOME OF THOSE PROJECTS THAT THOSE ARE PRIORITIES. >> MR. RAEL: MR. PRESIDENT, COUNCILOR BORREGO, WE ARE LOOKING AT ALL THE MAJOR PROJECTS BECAUSE WE KNOW THAT IF WE CAN GET THE FUNDING AVAILABLE TO GET AS BELIEVE OF THEM OUT THE DOOR, THAT IT IS ACTUALLY PREFERABLE IN THE DEVELOPMENT OF THE CITY. AS YOU SAID EARLIER, BECAUSE OF INTEREST RATES BEING WHERE THINK, IT IS TO OUR ADVANTAGE TO LOOK AT PROJECTS WE CAN GET BUILT AND DONE QUICKLY. MANY OF THE PROJECTS ARE PROJECTS THAT HAVE BEEN SITTING ON THE SHELF FOR SOME TIME BECAUSE THE SIZE OF THE PROJECTS ARE SUCH THAT WE DON'T HAVE THE MONEY UNLESS WE WAIT THREE OR FOUR OR FIVE BOND CYCLES WITH NORMAL PROGRAM. THIS IS OPPORTUNITY TO DO SEVERAL PROJECTS THAT WE HAVE IN THE COMMUNITY THAT WOULD OTHERWISE NOT BE COMPLETED FOR ANOTHER FIVE TO SIX YEARS. >> Coun. Borrego: MR. RAEL YOU KNOW THAT MY INTEREST IS PASEO DEL NORTE. I THINK THAT, YOU KNOW, FOR LACK OF SEEING THE LIST, WHICH IS QUOTED IN THE BILL, I WOULD LIKE TO SEE THAT LIST PRIOR TO THE NEXT MEETING BECAUSE I WANT TO ENSURE THAT PASEO DEL NORTE IS ON THAT LIST AND THAT WHAT I AM THINKING IN TERMS OF HOW THE BONDING IS GOING TO AFFECT THAT PROJECT, I WANT TO BE ABSOLUTELY CERTAIN THAT I AM UNDERSTANDING AND THAT MY CONSTITUENTS UNDERSTAND THAT AS WELL. >> Coun. Davis: FOR THE RECORD PROPOSED AMENDMENT NOT MOVED YET DOES HAVE THAT LIST. IT IS IN OUR I PADS ADDED EARLIER DAY. IT DOES HAVE FUNDING FOR PASEO. OTHER DISCUSSION? >> Coun. Benton: IF I AM NOT MISTAKEN, MR. MENICUCCI EMAILED THAT TO EVERYBODY YESTERDAY BUT THAT IS THE LIST AS IT STANDS NOW. SO NO CHANGE HAS BEEN MADE TO THAT. ONLY MINE OR CHANGE WAS THE NEIGHBORHOOD MANAGEMENT PROGRAM. >> Coun. Borrego: I HAVE SEEN THIS LIST CHANGE SEVERAL TIMES SO I JUST WANT TO BE CERTAIN WHAT I SEE AND WHAT WE SEE AT NEXT MEETING IS WHAT IS WHAT I EXPECT. >> Coun. Davis: COUNCILLOR BENTON HAS THE FLOOR. >> Coun. Benton: WELL, THE MORE WE LEAVE IT OUT THERE THE MORE CHANCE IT COULD CHANGE BUT I THINK THAT IS A REASONABLE UNDERSTAND BEING OF WHERE IT IS ON THE COUNCIL SIDE RIGHT NOW. THANK YOU. >> Coun. Davis: SEEING NO OTHER DISCUSSION MOTION IS DEFERRAL OF R-47 UNTIL NEXT MEETING ON SEPTEMBER 9. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> DEFERRED TO SEPTEMBER 9. >> Coun. Davis: R-65. BY MYSELF AND COUNCILOR ZNA. WOULD YOU LIKE TO PRESENT THE MOTION OR THE BILL? >> Coun. Sena: THANK YOU MR. PRESIDENT. THIS IS PROHIBITING POLICE DEPARTMENT FROM APPLYING FOR MILITARY EQUIPMENT FOR CIVILIAN USE AND TO PROVIDE INVENTORY OF EQUIPMENT. I MAKE A MOTION FOR DO PASS. >> Coun. Davis: SECOND. YOU WANT TO EXPLAIN THE BILL OR WOULD YOU LIKE US TO GO TO COMMENT OR QUESTIONS IN. >> SENNIE >> Coun. Sena: WE SPOKE ON THIS A FEW TIMES IN PUBLIC SAFETY COMMITTEE TO REALLY WHAT THIS BILL DOES, WHAT THE RESOLUTION DOES IT PROHIBITS ALBUQUERQUE POLICE DEPARTMENT FOR APPLYING 4 FOR OR RECEIVING SURPLUS MILITARY PROPERTIES. WE HAVE NOT PARTICIPATED IN THIS PROGRAM SINCE 2015 BUT WE WANT TO MAKE IT CLEAR WHETHER IT IS DISCRETION OF THIS COUNCIL, MAYOR, YOU KNOW PROCEEDING FORWARD IF WE ARE STILL HERE, THAT THE POLICE DEPARTMENTS DON'T USE THIS PROGRAM. IT IS NOT REFLECTIVE OF WHAT COMMUNITY POLICING MEANS SO THIS RESOLUTION DOES EXACTLY THAT, ALOUS US TO SAY, NO, OUR POLICE DEPARTMENT WILL NOT TAKE PART OF THE 1033 PROGRAM AND UTILIZE EQUIPMENT SUCH AS BAYONETS OR MINE RESISTANT VEHICLES IN THE FUTURE. >> Coun. Davis: RECOGNIZE MYSELF AND JUST SAY, BY OF INTRODUCTION THIS IS IMPORTANT PIECE, A SMALL STEP BUT IMPORTANT FIRST ONE IN TERMS OF HOW WE REFRAME OUR CONVERSATION WITH OUR COMMUNITY ABOUT HOW WE POLICE IN OUR CITY. YOU HAVE HEARD ME TALK ABOUT STORIES OF SEEING OLD COPS PROGRAMS TURNED IN HOMELAND SECURITY PROGRAMS, POST 911, HOW WE PARTICIPATED THAT IN THE CITY. WHEN I WAS A COP, BUT WE MOVE BEYOND THAT AND SEE A DIFFERENT ROLE. WE ARE NOT AT WAR WITH NEIGHBORHOODS. WE HAVE OTHER OPTIONS FOR PROVIDING LAW ENFORCEMENT APPROPRIATE TOOLS FOR RESPONSES AND WE ARE BUILDING THE OTHER RESPONSES WE NEED FOR NON-COP RESPONSES. I THINK THIS IS IMPORTANT FIRST STEP. I WANT TO ACKNOWLEDGE AND BEFORE I FORGET SAY THANK YOU TO MS. ROMERO FOR HELPING US TO PUT TOGETHER THE EVENT. WE HEARD FROM FAITH LEADERS MORE 60 IN THE FAITH COMMUNITY SIGNING A LETTER ENCOURAGING TO US DO THIS ON BEHALF OF THE CITY AS A WAY OF MOVING FORWARD BEYOND THESE OLD IDEAS HOW WE SHOULD POLICE. THAT SAID, WE TALK ABOUT POLICE A LOT. WE ARE GRATEFUL TO HAVE IS THIS MAYOR AND POLICE LEADERSHIP WE HAVE THAT HAVE CHOSEN NOT TO PARTICIPATE AS OPENED UP BY THE TRUMP ADMINISTRATION. THIS WOULD ENSURE NO FUTURE MAYOR OR COUNCILOR CITY POLICE DEPARTMENT WOULD DO SO. SPEAKING OF COPS I SEE SOME ECONOMIC DEVELOPMENT. WE'LL GO TO ADMINISTRATION AND THEN I THINK WE HAVE COUPLE OF AMENDMENTS THAT YOU MAY WANT TO OFFER. >> NAIR: MAYOR KELLER'S ADMINISTRATION AS BOTH OF YOU MENTIONED HAVE ALWAYS BEEN SUPPORTIVE OF THIS APPROACH, HAS NOT PARTICIPATED IN THESE PROGRAMS SINCE WE HAVE GOTTEN HERE. APD IS AVAILABLE TO STAND FOR QUESTIONS. THANKS. >> DAY OF OTHER >> Coun. Davis: OTHER QUESTIONS. I'LL START WITH BORREGO AND BASSAN. >> Coun. Borrego: I HAVE AN AMENDMENT AND I WAS JUST REACHING FOR MY EXTENSION CORD BUT LET ME READ THIS. THIS WOULD BE CONSIDERED AMENDMENT NO. 1 TO R-20-65, AMENDMENT NO. 1 IS ON PAGE 2, STRIKE LINES 28 THROUGH 30 AND EXPLANATION FOR THIS AMENDMENT IS THAT IT AMEND. ALBUQUERQUE POLICE DEPARTMENT MAINTAINS OTHER EQUIPMENT WHICH SERVES DUAL MILITARY AND CIVILIAN LAW ENFORCEMENT SOME OF WHICH MAY NO LONGER BE NEEDED AND SHOULD BE REMOVED FROM SERVICE. THIS ALLOWS THEM, THE POLICE DEPARTMENT, TO MAINTAIN THE EQUIPMENT THAT THEY ALREADY HAVE AND IN THE EVENT THAT NEXT YEAR WE HAVE A CUT IN OUR BUDGET AND WE MAY NEED SOME EQUIPMENT THAT IS ALREADY BEING USED, SO, THAT IS BASICALLY WHAT THIS DOES. I MOVE THAT AMENDMENT. >> Coun. Davis: FLOOR AMENDMENT NO. 1. COUNCILOR ABOUT A SAN IS COUNCILOR BASSAN OFFERING A SECOND. >> Coun. Sena: THANK YOU. I JUST WANT TO STRESS THAT ON THIS RESOLUTION IT KIND OF TALKS ABOUT ONE OF OUR EQUIPMENT THAT IS USED AND I DO QUESTION, YOU KNOW, ARE WE UTILIZING THE MINE RESISTANT VEHICLE, SHOULD WE KEEP THAT, DURING CONSIDERING HOW PRICEY IT IS. IF WE ARE ABLE TO HAVE THE EQUIPMENT THAT WE ARE NO LONGER UTILIZING AND IT IS SITTING THERE AND WE ARE PAYING TO UPKEEP THIS EQUIPMENT, AND THE POLICE ARE NO LONGER UTILIZING IT, I BELIEVE WE SHOULD TAKE THE SAVINGS THAT WE GET FROM NO LONGER UTILIZING THE EQUIPMENT AND MAINTAINING THAT AND REINVESTING IT IN OUR COMMUNITY. AGAIN, WE STRESS IN THIS THAT IF IT IT NOT LONGER NEEDED IT SHOULD BE REMOVED FROM SERVICE. IF WE CONTINUE TO LEAVE IT THERE AND PAY FOR UPKEEP. THIS IS THE FIRST YEAR OF ACQUIRING SOME EQUIPMENT SO I WON'T BE SUPPORTING THIS AMENDMENT. >> Coun. Davis: I'LL SAY QUICKLY AND THANK YOU I SUPPORT YOU SAID IT WELL TODAY AND AGAIN HERE. ALTHOUGH I APPRECIATE SENTIMENT THAT COMES FROM THE SPONSORS, PRECISELY FOR THE REASONS THEY OUTLINE WE SHOULD OPPOSE IT. WHEN AND IF FUTURE BUDGETS ARE HARDER WE SHOULD NOT FAL ON USING EQUIPMENT THAT IS NOT DESIGNED FOR POLICE WORK BECAUSE IT IS EASY. IT IS PRECISELY WHAT ADMINISTRATION IN WASHINGTON ASKING US TO DO. IT IS HARD TO ANSWER WHEN THE WORD IS FREE BUT IT DOES MATTER THIS EQUIPMENT I ALSO NOT DESIGNED FOR LAW ENFORCEMENT BUT FOR A BATTLE FIELD, FOR SOMETHING DIFFERENT. IF WE CHANGE THE WAY WE DO POLICING IN THE CITY WE HAVE TO ASK THE OFFICERS TO MAKE THE RIGHT DECISIONS AND HAVE THE RIGHT POLICIES AND NOT GIVE THEM TOOLS DESIGNED FOR SOME PURPOSE MUCH MORE DEADLY AND INTIMIDATING. I WOULD OPPOSE THIS. I SEE NEXT COUNCILORS BENTON AND THEN BACK TO COUNCILOR BASSAN. >> Coun. Benton: I HAVE A QUESTION AND PERHAPS ONE OF THE SPONSORS KNOWS ANSWER TO THIS. OR PERHAPS ADMINISTRATION. OR FRIENDS IN APD. ARE THERE STRINGS ATTACHED TO THIS? THIS KIND OF EQUIPMENT, CAN IT BE, IF WE WERE TO PASS SOMETHING LIKE THIS, KIT BE CAN IT BE SOLD ON THE OPEN MARKET. SECONDLY ACTUALLY COUNCILOR SENA ADDRESSED THIS WHICH WHAT YOU'RE THE COSTS OF KEEPING SOMETHING THAT WE ARE NOT INTERNING TO USE. IF NOTHING ELSE THE COST OF STORING IT AND PROTECTING IT. BUT, I MEAN, FOR INSTANCE, IF YOU WANTED TO SELL A VEHICLE TO MEXICO, CAN WE DO IT. >> IF THEY ARE NOT CONSIDERED CONTROLLED, THEN ONCE THEY COME TO US THEY ARE OURS FOR EVER AND WE ARE RESPONSIBLE FOR DISPOSING OF THEM IN THE SAME WAY WE WOULD IF WE BOUGHT SOMETHING ON A GRANT. SO, IN REGARDS TO YOUR QUESTION ABOUT THE MINE RESISTANT ANTI-AMBUSH VEHICLE, THAT WILL GO BACK TO THE STATE IN THE PROCESS OF GETTING IT BACK TO THE STATE. PAPER WORK IS DRAFTED BY THE STATE AND ONCE COMPLETED THAT VEHICLE WILL BE GIVEN BACK TO THE STATE AND GIVEN TO ANOTHER AGENCY WITHIN THE STATE. >> Coun. Sena: THANK YOU. I JUST WANT TO KNOW THAT I DO KNOW OUR OWN MEMBERS OF THE CONGRESS ARE LOOKING AT WHAT IS AT AT WAYS TO ADDRESS SPECIFICALLY THAT. THEY ARE IN RECESS BUT THERE ARE CONSIDERATIONS FROM OUR FEDERAL DELEGATION, I BELIEVE, ACT IS CALLED PROTECT ACT WHICH WOULD ALLOW FOR CITIES LIKE OURSELVES WHO CAN'T GET RID OF EQUIPMENT AS WAS MENTIONED THAT WE WOULD BE ABLE TO APPLY FOR GRANT AND HE ESSENTIALLY GIVE IT BACK. THE CONVERSATIONS ARE STILL GOING BUT JUST WANT TO STRESS THAT BECAUSE OF THOSE LIMITATIONS THROUGH THE PROGRAM, THE EQUIPMENT WE WOULD DECEMBER THAT CHALLENGE BUT THAT DOESN'T MEAN FEDERAL DELEGATIONS YOU'RE NOT MAKING EVALUATIONS AND GIVING US AN OPPORTUNITY TO MAKE THAT HAPPEN. >> Coun. Davis: COUNCILOR BASSAN? >> Councilor Bassan: SO A FEW THINGS. NOTHING ABOUT THIS AMENDMENT SAYS THAT APD COULDN'T DECIDE TO GET RID OF ANYTHING AND IF THEY ARE IN PROCESS OF GETTING RID OF IT RIGHT NOW THAT IS GREAT. WE ARE NOT DISCOURAGES THAT HOWEVER IT CAN BE NOTED THERE MIGHT BE OTHER SUPPLIES THEY ARE USING OR THAT MIGHT COME IN HANDY. THAT IS SOMETHING THAT IS NOT TO BE AS SAID EARLIER USED AGAINST COMMUNITIES. I KNOW THAT SOME PEOPLE FEEL APD IS JUST SIEGELY SEEMING TOT THERE AGAINST THE COMMUNITIES. AND IF THE COMMUNITY IS ATTACKING APD THEY DESERVE TO HAVE THE PROPER SUPPLIES IN ORDER TO PROTECT THOSE OF US WHO AREMENT IN. THERE ARE PEOPLE THAT ARE MAKING BAD CHOICES WITH WEAPONS. I THINK TO SAY WE NEED TO GIVE EVERYTHING BACK THAT WE HAVE IS AN EXTREME THAT MIGHT NOT BE NECESSARY. I AM HOPING THAT WE CAN RECOGNIZE THAT IT IS NOT JUST SAYING THAT IT IS IMPOSSIBLE OPTION OR REQUIRING IT TO ALL BE GIVEN BACK OR NOT. APD CAN USE THE DISCRETION AS THEY ARE SHOWING US NOW. >> Coun. Borrego: I WOULD LIKE TO SAFE MY COMMENTS TO CLOSE, PLEASE. >> Coun. Pena: THANK YOU. A COUPLE OF QUESTIONS MAYBE FOR MR. MELENDRES. ANYWAY, I JUST WANTED TO GET CLARIFICATION ON I APPRECIATE THE SPONSORS AND WHAT THEY ARE TRYING TO DO HERE BUT SO IT IS MY UNDERSTANDING WE HAVEN'T DONE THIS SINCE 2015. WE DON'T USE THE EQUIPMENT THAT WE HAVE ALREADY. I KNOW THAT WE ARE DOING AWAY WITH SOME OF IT AND THEN I AM OF THE UNDERSTANDING THAT THE FEDERAL PROGRAM IS BEING DONE AWAY WITH, THINK NOT GOING TO DO THIS ANYMORE, EITHER. SO IT SEEMS KIND OF LIKE MOOT. I FEEL LIKE IN A WAY WE ARE TELLING THE COMMUNITY SOMETHING THAT IS HAPPENING ALREADY AND WE ARE PUTTING A RESOLUTION FORWARD. CORRECT ME IF I AM WRONG BUT I JUST, YOU KNOW, I FEEL LIKE THIS IS A LITTLE DIVISIVE IF THIS IS OCCURRING. SO, IF SOMEONE CAN ANSWER THOSE QUESTIONS, I WOULD APPRECIATE IT. >> I THINK WE WOULD DEFER TO APD ABOUT WHAT IS ACTUALLY OCCURRING. >> Coun. Davis: LIEUTENANT WALLACE DO YOU WANT TO RESPOND. >> WE SHARED STORIES ABOUT THE TRUMP ADMINISTRATION OPENING UP APPLICATIONS. I DON'T KNOW IF YOU HAVE ANYMORE SPECIFIC LOCAL INFORMATION FOR US. >> LIEUTENANT WALLACE: I AM NOT SURE WHAT YOUR AFTER. ANY SPECIFIC QUESTIONS YOU WANT TO ASK ABOUT THE PROGRAM. I AM NOT SURE WHAT YOUR REALLY LOOKING 4. I AM WILLING TO PROVIDE ANY INFORMATION I CAN FOR YOU. I JUST NEED SPECIFICS. >> Coun. Pena: WHAT I AM ASKING IS THAT, LIKE I SAID, I APPRECIATE THE SPONSORING BRINGING THIS FORWARD. IT SEEMS DIVISIVE BECAUSE BASED ON INFORMATION THAT I HAVE RECEIVED WE DON'T DO THIS ALREADY. RIGHT? SO WE HAVEN'T ACCEPTED ANY EQUIPMENT SINCE 2015. WE ARE NOT USING THE EQUIPMENT THAT WE HAVE. AND IF THE FEDERAL GOVERNMENT IS ACTUALLY NOT DOING THIS PROGRAM ANYWAY. SO, I JUST WANT CLARIFICATION. I MEAN, YOU KNOW, IF THIS IS REALLY JUST ABOUT SOLIDIFYING THAT WE DON'T ACCEPT ANY EQUIPMENT IN THE FUTURE IF EVERYTHING THAT I SAID IS ACCURATE, THEN, MAYBE IT IS A WHOLE OTHER RESOLUTION. I HOPE THAT PROVIDED CLARITY. I DON'T KNOW WHO KNOWS WHAT WE HAVE AND DON'T HAVE. THAT IS MY OTHER QUESTION IS I HAVEN'T REALLY SEEN A LIST OF WHAT WE HAVE. I HAVE HEARD THAT WE HAVE SOME STUFF THAT IS NOT REALLY LIKE MILITARY GRADE STUFF BUT I HAVEN'T SEEN A LIST. I HATE TO BE VAGUE. >> Coun. Davis: I POINT YOU TO THE TEXT OF THE RESOLUTION. THERE IS A LIST THAT LISTS ALL EQUIPMENT THAT APD IS RESPONSIBLE FOR UNDER DOD GRANT. THE COUNCILORS QUESTION IS JUST ABOUT WHETHER THE PROGRAM IS CURRENTLY AVAILABLE OR OPEN TO DEPARTMENTS FROM DOD OR THROUGH THE STATE. >> LIEUTENANT WALLACE. YES, SO AS FAR AS APD IS CONCERNED WE ARE NOT CURRENTLY INVOLVED IN THE PROGRAM. ALL WE HAVE, ITEMS WE HAVE ARE WHAT WE HAVE. WE ARE NOT ABLE TO SOLICIT ANY OR GO ON THE WEBSITE AND OBTAIN ANY NEW EQUIPMENT. LIKE YOU SAID, THE LAST TIME WE ACTUALLY GOT ANYTHING WAS 2016, NOT 2015. BUT, WE HAVE NOT ACTIVELY PARTICIPATED IN THE LAST FOUR YEARS. WE DO GET AUDITED BECAUSE THE EQUIPMENT WE HAVE CRITERIA WE SIGN EVERY YEAR AGREEMENT THAT SAYS WE ARE IN THE PROGRAM BUT BUT WE HAVEN'T GOTTEN ANY NEW EQUIPMENT SINCE 2016. IF THAT HELPS. >> Coun. Pena: IT DOESN'T. SO, I JUST DON'T KNOW YOU KNOW, IF THIS RESOLUTION IS GOING TO STOP THAT, YES. IF THIS IS ALREADY A MEASURE THAT IS BEING TAKEN TO DO AWAY WITH THAT WE ARE NOT ACCEPTING ANYTHING NEW, FEDERAL GOVERNMENT ISN'T DOING IT, SEEMS LIKE WE ARE PUTTING A RESOLUTION FORWARD OF WHAT IS ALREADY BEING DONE. IF I AM WRONG, THAT IS THE QUESTION I AM ASKING. >> LIEUTENANT WALLACE: I THINK AS FAR AS ALBUQUERQUE POLICE DEPARTMENT IS CONCERNED WE ARE WILL DOING OUR VERY BEST TO RETURN ITEMS THAT WE DON'T NEED. I KNOW WE ARE LOOKING AT TRYING TO USE FUNDS THAT THE CITY COUNCIL AND THE BUDGET ALLOWS US FOR TO BUY OTHER EQUIPMENT AND REPLACE SOME OF THESE ITEMS WE HAVE, BUT AS FAR AS THE PROGRAM ITSELF, WE ARE NOT ACTIVELY INVOLVED WITH IT IN REGARDS TO OTHER PEOPLE OR OTHER DEPARTMENTS AROUND THE STATE, I CAN'T COMMENT ON THAT. I JUST KNOW THAT WE ARE INVOLVED IN. WHETHER THIS RESOLUTION DOES ANYTHING TO HELP THAT OR NOT, THAT IS NOT UP TO ME TO DECIDE. THAT IS YOU GUYS. THAT IS WHY YOU GUYS GET PAID THE BIG BUCKS. >> NAIR: MAYBE I'LL CHIP IN. THIS RESOLUTION WOULD NOT RESULT IN ANY IMMEDIATE CHANGE TO HOW WE ARE DOING THINGS. IT WOULDN'T CHANGE ANYTHING THAT WE ARE DOING RIGHT NOW. I BELIEVE FROM READING ANALYSIS THAT YOUR STAFF PUT TOGETHER THAT THE POINT OF THE RESOLUTION MAY BE TO MAKE SURE IT STAYS THAT WAY, WHETHER THIS MAYOR WERE TO HAVE A CHANGE OF HEART WHICH I WOULD NEVER SEE HAPPENINGS BUT MAYBE WE ALL WIN THE LOTTERY AND THERE IS SOMEONE NEW HERE. THE SPONSOR IS TO CAPTURE HIS DESIRE ON THE PART OF THE COUNCIL GOING FORWARD AND JUST TO BE CLEAR THERE WOULD NOT BE ANY MEDDLE OPERATIONAL CHANGE AS A RESULT OF THIS RESOLUTION. >> Coun. Pena: THANK YOU. THAT IS KIND OF WHAT I WAS LEADING TO. BECAUSE I REALLY WANT TO MAKE THE RIGHT DECISION FOR THE COMMUNITY. AS YOU KNOW, YOU KNOW, I AGREE THAT, YOU KNOW, WE NEED TO MAKE SURE WE ARE NOT, YOU KNOW, ,000,000 ARE TEARIZING OUR POLICE FORCE BUT IT DOESN'T APPEAR THAT WE ARE DOING THAT. IT SEEMS LIKE WE COULD PUT SOMETHING FORWARD THAT WE WOULD NOT PARTICIPATE IN THIS PROGRAM. IT SOUNDS AS IF WE ARE DOING AWAY WITH EQUIPMENT WE HAVE. ARE WE USING IT? THAT IS A QUESTION FOR APD. ARE WE USING ANY OF THE MILITARY EQUIPMENT CURRENTLY THAT IS LISTED HERE? >> LIEUTENANT WALLACE. WE DO USE SOME OF THE EQUIPMENT LISTED ON HERE, WHETHER IT IS AT THE RANGE OR OFFICERS HAVE IT ISSUED TO THEM BUT THERE YOUR SOME ITEMS ON HERE WE ARE CURRENTLY USING. >> Coun. Pena: HOW DO YOU THINK THAT, I KNOW YOU'RE NOT USING TANKS BUT HOW DO YOU FEEL DOING AWAY WITH SOME OF THESE ITEMS WOULD AFFECT THE POLICE DEPARTMENT? IS IT SMALL EQUIPMENT? >> LIEUTENANT WALLACE: 90% OF THE EQUIPMENT THAT WE ARE SMALL ITEMS. WE DON'T HAVE ANY TANKS ISSUED TO US. WE DO HAVE UNMANNED ROBOT THAT WE USE IN THE SPECIAL OPERATIONS DIVISION. THEY USE IT ON BARRICADED SITUATIONS, BOMB CALL OUTS. WE HAVE SIGHTING SYSTEMS THAT OFFICERS HAVE, WE ISSUE THEM TO OFFICERS IN THE FIELD. WE HAVE CARGO CONTAINERS, TRACK TO YOURS. IF YOU HAVE THE LIST IN FRONT OF YOU, NO. 10 IS TELESCOPING LIGHT, A SYSTEM AT THE RANGE WHERE THEY HAVE LIGHTS ON OUT THERE AT NIGHT. MOST OF THEM ARE VERY SMALL ITEMS BUT LIKE I SAID THERE ARE SOME, WE HAVE CONTAINERS ON THERE THAT WERE BROUGHT TO HELP STORE SOME OF OUR ITEMS THAT WE HAVE. WE HAVE A COUPLE OF TRAILERS THAT ARE PREFAB BUILDINGS INITIALLY BROUGHT WHEN LOOKING AT TRYING TO BUILD A NEW SIB STATION IN THE SOUTHEAST AREA COMMAND. ANY ITEM ON THERE, IF YOU WANT TO KNOW WHERE IT IS AT, I KNOW WHERE ALL OF THEM ARE. >> Coun. Pena: THAT ANSWERED MY QUESTION NOW WE ARE SAYING WE ARE GOING TO GET RID OF ALL THIS EQUIPMENT THAT IS MILITARY GRADE BUT IT IS NOT A TANK. FOR LACK OF A BETTER WAY TO DESCRIBE IT, IS THAT I FEEL LIKE WE ARE TELLING THE COMMUNITY THAT WE HAVE ALL THESE TANKS OUT THERE AND WEAPONS TO USE IN WAR SITUATIONS. BUT, IT APPEARS THAT WE HAVE INVENTORY OF THINGS THAT ARE JUST HELPFUL. YOU ARE GETTING RID OF THIS STUFF, OTHER THAN THE ONES THAT HAVE PEOPLE ALARMED ABOUT, I JUST THINK THAT, YOU KNOW, WE COULD MAYBE WORK ON THIS RESOLUTION A LITTLE BIT TO, YOU KNOW, COME BACK WITH SOMETHING THAT SAYS, THE MILITARY GRADE TANKS THAT WE HAVE OR THINGS LIKE THAT, WHAT YOUR WE DOING WITH THEM, WHERE YOUR THEY? ARE WE GETTING RID OF THEM. HAVE A RESOLUTION THAT SAYS WE ARE NOT GOING TO PARTICIPATE UNTIL WE ALL PASS AWAY AND WE HAVE A NEW MAYOR. I FEEL LIKE WE ARE THROWING THE BABY OUT WITH THE BATH WATER. FOR THE SOUTHWEST AREA WE HAVE A COMMUNITY POLICING MODEL THAT IS WORKING AND POLICE OFFICERS TO ME ARE DOING A PHENOMENAL JOB DOWN THERE AND WHAT WE COULD DO IS REALLY CONCENTRATE EFFORTS ON HOW DO WE BETTER BRING THE COMMUNITY TOGETHER. HOW WE ENHANCE THE COMMUNITY POLICING MODEL THAT WE ALREADY HAVE. THIS POLITICAL, YOU KNOW, DIVISION STUFF, I DON'T THINK IT HELPS US ANY. YOU KNOW. ALTHOUGH I APPRECIATE WHAT THE INTENT OF THE RESOLUTION IS BUT WITHIN INTENT WE HAVE YOU KNOW, A STORAGE UNIT SO, I AM JUST A LITTLE CONCERNED IN GENERAL. THANK YOU. >> Coun. Davis: LET ME POINT OUT I APPRECIATE YOUR PASSION BUT WHAT YOU SAID YOU WANTED IS WHAT THIS RESOLUTION DOES. THIS RESOLUTION DOESN'T DIRECT APD TO SELL OR DISPOSE OF ANYTHING. DOESN'T STOP THEM FROM USING CURRENT EQUIPMENT. THE LINE THAT WAS POINTED OUT HERE SAYS, APD SHOULD CONSIDER WHETHER SOME OF THIS COULD BE DONE BUT IT APPEARS YOU MIGHT NOT HAVE READ LEGISLATION. THE ONLY ACTION (INAUDIBLE) PENNY LOST YOU. >> Coun. Davis: IT SAYS APD IS PROHIBITED FROM RECEIVING OUR APPLYING FOR SURPLUS MILITARY EQUIPMENT IN THE FUTURE. IT DOESN'T DO ANYTHING ELSE. I DON'T KNOW WHERE ANY OF THOSE OTHER THINGS CAME FROM BUT I POINT YOU TO THE TEXT OF THE RESOLUTION. >> Coun. Pena: I DID READ THE LEGISLATION. IT IS KIND OF MISLEAD BEING IN ON YOU WE ARE PUTTING THIS FORWARD TO THE COMMUNITY. >> Councilor Bassan: WE ARE ON THE AMENDMENT, CORRECT, WE ARE ON FLOOR AMENDMENT NO. 1. >> Councilor Bassan: THIS AMENDMENT WE ARE TALKING ABOUT WE ARE SPEAKING ABOUT FOR ALL THE DISCUSSION THAT WE JUST HEARD WHICH I HAPPEN TO STRONGLY AGREE WITH, THE PART WE WANT TO STRIKE IS ALBUQUERQUE POLICE MAINTAINS OTHER EQUIPMENT WHICH SERVES DUAL MILITARY AND CIVILIAN LAW ENFORCEMENT SOME , THEY ARE USIG THIS EQUIPMENT NOW SO THEY CAN BE MORE INVOLVED IN COMMUNITY POLICING WITHOUT HAVING TANKS BUT ARMORED VEHICLES. THAT IS SOMETHING HERE ALREADY TALKING ABOUT GIVING BACK. WE DON'T WANT TO GIVE BACK THINGS THAT COULD BE OF USE THAT ARE NOT A STRONG WARFARE LIKE EQUIPMENT. I AM GOING TO CUT TO MY LAST SUPPORT. URGE YOUR SUPPORT ON THIS AMENDMENT. >> Coun. Davis: COUNCILOR JONES AND THEN COUNCILOR SENA. >> Coun. Jones: SITTING HERE LISTENING TO ALL OF THIS IT SEEMS TO ME THIS HAS BECOME A POLITICAL PIPELINE. WE HAVE THIS DISCUSSION BECAUSE WE THINK THERE IS ISSUE WITH POLICE OFFICERS USING ASSAULT WEAPONS AND TANKS. SOUNDS LIKE THEY ARE NOT. IT IS AGAINST POLICIES SO, I CAN'T THINK OF A GOOD REASON TO HAVE SOMETHING LIKE THIS OUT HERE OTHER THAN TO MAKE A POLITICAL STATEMENT. I BELIEVE THAT OUR ADMINISTRATION WHICH WE IS IN F THE POLICE DEPARTMENT AND I CAN'T BELIEVE THIS ADMINISTRATION WOULD EVER ALLOW ASSAULT RIFLES AND TANKS. I AM NOT WHY THIS LEGISLATION IS POUR BUT I CAN'T SUPPORT THE LEGISLATION IF IT DOES NOT CONTAIN AMENDMENT THAT HAS BEEN PUT FORWARD. I THINK WE NEED TO START TAKING CARE OF SOME STUFF THAT IS TRULY IMPORTANT TO THE CITY THAT REALLY TAKES US FORWARD INSTEAD OF DOING POLITICAL ARGUMENT. THANK YOU. >> Coun. Sena: I WANTED TO TOUCH ON WHAT WAS STATED PREVIOUSLY. ARE WE UTILIZING THIS UTILIZINE WE NOT. IN TALKS TO OUR POLICEMEN -- MY QUESTION TO APD ESPECIALLY THE LIST EQUIPMENT THAT WE WERE PROVIDED IN OUR RESOLUTION, IS THAT UTILIZED IN OUR EVERYDAY COMMUNITY POLICING WORK STANDARD TO WHAT AN OFFICER WOULD DO EVERY SINGLE DAY IN THEIR WORK? >> LIEUTENANT WALLACE: AS FAR AS COMMUNITY POLICING NONE OF THESE ITEMS WOULD HAVE ANYTHING TO DO WITH COMMUNITY POLICING. SOME OF THE ITEMS ARE ISSUED TO OFFICERS THAT MAY CARRY THEM EVERYDAY. >> Coun. Sena: THANK YOU FOR THAT. I JUST WANT TO KNOW THAT OUR STATEMENT IS SIMPLY NOTING WE DO HAVE THIS TYPE OF EQUIPMENT, SOME OF THEM ARE UTILIZED SOME OF THEM YOU'RE NOT. AS WAS JUST STATED. WE ARE SIMPLY SAYING, IF IT IS NOT UTILIZED AND IT IS JUST SITTING THERE, THEN, IF THERE IS OPPORTUNITY TO GET FUNDING 4 THAT BECAUSE WE ARE NOT UTILIZING IT ANYMORE, WE SHOULD LOOK AT THOSE AVENUES AND TAKE THAT FUNDING AND REINVEST IT INTO OUR COMMUNITIES SO THAT WE ARE SAFER. >> Coun. Davis: COUNCIL OWE BORREGO. YOU ASKED TO GO LAST. >> Coun. Borrego: THANK YOU. THAT WAS A GREAT DISCUSSION. I COULDN'T AGREE MORE WITH COUNCILOR PENA AND SORT OF HER ASSESSMENT. WHAT CONCERNS ME IS THAT ALBUQUERQUE POLICE DEPARTMENT, YOU KNOW, THEY HAVE A JOB TO DO AND THEY HAVE CERTAIN TOOLS THAT THEY HAVE TO DO IT WITH. I AM NOT SAYING THAT WE SHOULD HAVE MILITARY GRADE EQUIPMENT BECAUSE OBVIOUSLY WE HAVE THE NATIONAL GUARD, IF WE HAVE THAT SORT OF SITUATION ARISE IN ALBUQUERQUE. SO, THE THING THAT CONCERNS ME IS THAT, I GO BACK TO WHEN I WORKED IN THE PLANNING DEPARTMENT. I HAD A MEASURING WHEEL TO MEASURE ACREAGE FOR LAND USE WHEN WE WERE OUT IN THE FIELD. WE DIDN'T USE IT VERY OFTEN BUT EVERY ONCE IN A WHILE WE HAD TO USE THAT LITTLE WHEEL TO GO OUT AND MEASURE DISTANCE. AND SO WAY HEARD FROM THE OFFICER IS THAT THEY HAVE SOME EQUIPMENT AND MAYBE THEY DON'T NEED ALL OF THE EQUIPMENT BUT REALLY IT SEEMS TO ME LIKE WE ARE SORT OF MICROMANAGING WHAT THEY NEED AND WHAT THEY DON'T NEED. AND, CAN YOU HEAR ME? CAN YOU HEAR ME. >> Coun. Davis: YES. >> Coun. Borrego: THAT REALLY OUR ROLE AS POLICY MAKERS IS FOR THE CITY COUNCIL. IT SEEMS LIKE, YOU KNOW, MAYBE MOVING FORWARD WE SAY YOU KNOW, WILL MILITARY GRADE EQUIPMENT SHOULD NOT BE ACCEPTED PERIOD. BUT WHAT THEY HAVE NOW IT SOUNDS TO ME LIKE THEY ARE USING SOME OF THEIR EQUIPMENT AND THERE ARE THINGS ON THEIR LIST THEY ARE STILL UTILIZING. SO, I DO NOT -- YOU KNOW, I WOULD ENCOURAGE COUNCILORS IF THIS BILL IS GOING FORWARD, THAT WE NOT ACT IN FEAR AND THAT OUR COMMUNITY NOT ACT IN FEAR BECAUSE THERE HAS TO BE A BALANCE SOMEWHERE BETWEEN THE POLICE DEPARTMENT AND THE COMMUNITY. THIS IS WHERE THE BREAKDOWN OF TRUST OCCURS. IT IS KIND OF LIKE A MARRIAGE, SOME OF US WHO HAVE BEEN THERE, WHEN YOU START BREAKING DOWN THE WHOLE IDEA OF TRUST, AND COMMUNICATION, THAT IS WHERE THE PROBLEMS, COUNCILOR DAVIS, ARE YOU STOPPING ME. I KNOW I AM THERE IS EQUIPMENT THAT DIFFERENT DEPARTMENTS NEED AND IF THEY ALREADY HAVE IT, WHY WOULD WE IN THE FUTURE WANT TO GO, IN CASE THEY NEED SOMETHING, HAVE TO GO PURCHASE IT AT A HIGHER PRICE? IT JUST DOESN'T MAKE SENSE TO ME. IT IS NOT EFFICIENT SO THAT IS WHY I PUT THIS AMENDMENT FORWARD. IF THIS BILL IS GOING FORWARD, THEN I THINK THESE AMENDMENTS NEED TO BE INCLUDED. URGE YOUR SUPPORT. >> Coun. Davis: WE'LL ASK MS. ORTEGA IF SHE RESOLVED HER ISSUE. TAKE THE ROLL. >> Councilor Bassan: YES. >> Coun. Benton: NO. >> Coun. Borrego: YES. >> Coun. Gibson: NO. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: NO. >> Coun. Davis: NO. THAT FAILS ON A 4-4 VOTE. >> Coun. Davis: COUNCILORS, HAVE YOU FLOOR AMENDMENT NO. 2. >> Councilor Bassan: I WOULD LIKE TO MOVE NO. 2R-65. AMEND SECTION 1 AS FOLLOWS: ALBUQUERQUE POLICE DEPARTMENT IS HEREBY PROHIBITED FROM APPLYING 4 OTHER RECEIVING ANY SURPLUS MILITARY SURPLUS PROPERTY LISTED ON THE PROHIBITED EQUIPMENT LIST OR THE CONTROLLED EQUIPMENT LIST, RECOMMENDATION 1.2 OF THE PRESIDENTIAL EXECUTIVE ORDER 13688 FOR CIVILIAN LAW ENFORCE. USE FROM THE U.S. DON'T OF DEFENSE UNLESS EQUIPMENT USE POLICY IS FIRST SUBMITTED TO CITY COUNCIL FOR ITS RECEIPT AND TWO RECOMMENDATIONS 1.1 AND 1 POINT 2 TO THIS ESPN RESOLUTION THIS REFERENCES PRESIDENTIAL ORDER BUT GOES BEYOND RECOMMENDATIONS. IT APPEARS TO HAVE BEEN DEVELOPED THROUGH EXHAUSTIVE REVIEW OF MILITARY EQUIPMENT POTENTIALLY AVAILABLE FOR LOCAL LAW ENFORCEMENT AND RECOGNIZED THAT WHILE MORE MILITARY EQUIPMENT LIKE ARMORED PERSONNEL. INSTEAD OF PLACING BAN ON RECEIPT OF MILITARY PROJECT, IT WOULD LIMIT IT TO UNLESS JUSTIFIED BY APD AND POLICY FOR ITS USE IS PRESENTED TO CITY COUNCIL. THIS BRINGS TRANSPARENCY TO ACQUISITIONS AND GIVE THE CITY COUNCIL OPPORTUNITY TO ADJUST RELEVANT ACQUISITIONS. I URGE YOUR SUPPORT. I HOPE,. >> Coun. Borrego: I SEE >> Coun. Borrego: SECOND. >> Coun. Davis: MR. MOYA TO CLEAR THE BOARD HERE. I SEE COUNCILOR SEFA IS FIRST IN. >> Coun. Sena: THANK YOU FOR THAT. I JUST WANT TO NOTE THAT THE 1033 PROGRAM AS IT WAS CREATED REQUIRED THE WHOLE PROGRAM ACTUALLY ALLOWED FOR MUNICIPALITIES TO ACQUIRE EQUIPMENT THAT IS MILITARY GRADE, THAT WAS UTILIZED ON BATTLE FIELD. IN FACT IT IS DEPARTMENT OF DEFENSE THAT WE RECEIVED THE EQUIPMENT FROM. AS PART OF THE PROGRAM, 1033 PROGRAM, IT ACTUALLY REQUIRED US ONCE WE GOT THE EQUIPMENT TO UTILIZE IT WITHIN ITS FIRST YEAR OF HAVING THE EQUIPMENT. SO AS WE TALK ABOUT EROSION OF TRUST AND BREAK DOWN OF TRUST IT IS SPECIFICALLY THAT. I WANT US TO EVALUATE THAT AND THINK ABOUT THAT. IF WE ARE GOING TO GET SOME OF THE EQUIPMENT THAT IS STATED THROUGH THIS AMENDMENT, IT IS MILITARY EQUIPMENT. IT IS AN ARMED VEHICLE, THAT WE WILL HAVE TO USE IT WHETHER IT IS NEEDED OUR NOT. YOU KNOW. IN OUR COMMUNITIES. SO, I AM JUST STRESSING THAT IS WHAT IS REQUIRED. THAT IS WHAT THE 1033 FAMILIES OUT AND IS PART OF OUR PRETTY MUCH DEAL WITH ACCEPTING THE EQUIPMENT. IT IS REQUIRED OTHERWISE IT IS JUST TAKEN BACK. OUR COMMUNITY WHEN WE ARE REACHING OUT AND LISTENING TO HOW MILITARY HAS AFFECTED OUR COMMUNITY, TALKING ABOUT EROSION OF TRUST, IT IS EXACTLY THAT. WE ARE USING THIS MILITARY EQUIPMENT WHETHER OR NOT WARRANTED WITHIN THE FIRST YEAR OF ACQUISITION. SO, OUR SECOND POINT THIS AMENDMENT IS DOING EXACTLY THAT OF MICROMANAGING WHAT APD DOES AND DOES NOT NEED. IT IS LAYING OUT WHAT YOU'RE SAYING THAT, OH, THIS SEEMS TO BE MILITARY EQUIPMENT AND THIS DOESN'T EXACTLY SEEM THAT WAY SO I CAN'T ACCEPT THIS AMENDMENT. I CAN'T BE IN SUPPORT OF IT. I BELIEVE THAT OVERALL 1033 PROGRAM IS VERY ERRONEOUS IN TERMS OF WHAT OUR EVALUATION OF WHAT COMMUNITY POLICING MEANS AND WHAT IT MEANS TO KEEP OUR COMMUNITIES SAFE. IT ESCALATES A SITUATION AS WAS NOTED IN THE RESOLUTION THAT THERE WERE MULTIPLE STUDIES DONE BY A DIVERSE GROUP THAT PARTICIPATING IN THIS ERODES PUBLIC TRUST AND INCREASES POLICE VIOLENCE. SO, I WANT TO JUST EMPHASIZE THAT OUR CONTINUED PARTICIPATION OF THIS PROGRAM OF UTILIZING SOME OF THIS EQUIPMENT THAT AGAIN HAS BEEN UTILIZED IN THE BATTLE FIELD, WHETHER IT IS A SLEEPING BAG OR A TANK OR BAYONET, IT IS NOT JUST OUR MUNICIPALITY, ALBUQUERQUE ISN'T THE ONLY ONE. 6.9 BILLION WAS UTILIZED FOR COMMUNITY POLICING. BUT I DON'T BELIEVE SEEING THOSE FROM THE MILITARIES CONDUCIVE TO SAFETY OR WHAT COMMUNITY POLICING MEANS. I COMPLETELY SUPPORT OUR POLICE DEPARTMENT AND KNOW THAT THE THEY HAVE TO DO A TASK THAT IS IMPORTANT IN KEEP US SAFE. I DON'T BELIEVE ESCALATING A SITUATION IN WHICH WE HAVE TO USE MILITARY GRADE EQUIPMENT TO POLICE OUR STREETS SO I CAN'T SUPPORT THIS AMENDMENT. >> Councilor Bassan: THE JUST BECAUSE EQUIPMENT COMES FROM THE DEPARTMENT OF DEFENSE DOESN'T MAKE THE MILITARY EQUIPMENT DIRTY. SO, LET ME PLEASE CLARIFY, WE DO NOT HAVE BAYONETS, WE ARE NOT INTENDING ON GETTING THEN BUT AMMUNITION CAN COME FROM THERE, THERE WAS A STORAGE CONTAINER USED. THIS IS ALL EQUIPMENT UTILIZED TO KEEP US SAFE ON THE STREETS FOR PEOPLE WHO ARE DOING HARM TO US. BY NOT ALLOWING EQUIPMENT TO COME TO US AT A DISCOUNT OR FOR FREE THAT IS NOT JUST EXTREME WARFARE MATERIALS THAT IS FISCALLY INAPPROPRIATE AS WELL. WE NEED TO MAKE THE SITUATION SAFER HERE IN ALBUQUERQUE. THIS IS NOT ABOUT THE FACTS THAT IT BELONGED TO A CERTAIN PROGRAM IT MAKES IT UNACCEPTABLE TO TAKE. WE CAN MAKE SURE WE HAVE LIMITATIONS. THIS AMENDMENT IS HERE SO INSTEAD OF CLOSING DOORS COMPLETELY WE HAVE OPTIONS TO HAVE A MODERATE APPROACH TO BE ABLE TO WORK TOGETHER AND MAKE SURE WE CONTINUE ON WHILE KEEPING BOTH CIVILIAN AND POLICE DEPARTMENT SAFE. >> Coun. Davis: SEEING NO OTHER DISCUSSION ON THAT ITEM WE'LL TAKE THAT AS A CLOSE. ASK YOU TAKE THE VOTE ON FLOOR AMENDMENT NO. 2. >> Councilor Bassan: YES. >> Coun. Benton: NO. >> Coun. Borrego: YES. >> Coun. Gibson: NO. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: NO. >> Coun. Davis: NO. THAT FAILSES ON A 4-4 VOTE. >> Coun. Davis: BACK ON THE BILL AS ORIGINALLY SUBMITTED. IF THERE IS ANY OTHER DISCUSSION, IF NOT I'LL TAKE IT TO SPONSORS FOR CLOSE. I HAVE ASKED MR. MOYA TO SHARE THE SCREEN SO WE CAN CLARIFY WHAT THE LANGUAGE OF THE RESOLUTION IS. JUST DO THAT FOR ME QUICKLY. THANK YOU. JUST WANT TO POINT OUT WE HAVE DISCUSSION ABOUT WHAT RESOLUTION DOES AND DOES NOT DO. I WANT TO POINT TO THE LANGUAGE. IT IS NOT AMENDED LINE 33 THERE THAT BEGINNING LINE 31 BE IT RESOLVED THAT THE POLICE DEPARTMENT IS HEREBY PROHIBIT FROM APPLYING FOR OR RECEIVING SURPLUS MILITARY PROPERTY FOR CIVILIAN USE FROM THE DEPARTMENT OF DEFENSE. THAT IS HERE GOING FORWARD WE ARE NOT PARTICIPATING IN THIS PROGRAM ANYMORE. WE WON'T APPLY, WE WON'T ACCEPT IT. IF IT IS OFFERED TO US FOR FREE. THAT IS WHAT THIS RESOLUTION DOES. IT DOESN'T CANCEL APD. DOESN'T CANCEL PROGRAMS WE HAVE. IT DOESN'T CANCEL THE MINE RESISTANT VEHICLE OR THE SIGHTS THAT ARE USED ON WILL SPECIALIZINGED WEAPONS. THAT DISCRETION IS WITHIN THE MAYOR AND POLICE DEPARTMENT AND LIEUTENANT WALLACE HAVE LOOKED AT THIS AND DECIDED WHAT IS APPROPRIATE USE. THAT IS ANOTHER RESOLUTION FOR ANOTHER DAY. THIS SIMPLY SAYS THAT IN THE CITY, WE AREN'T RETURNING TO THIS ANYMORE. I WOULD POINT TO A STORY IN USA TODAY THAT POINTS OUT TRUMP ADMINISTRATION HAD REVERSED OBAMA ERA EXECUTIVE ORDER THAT WAS MENTIONED THAT ESSENTIALLY WAS RESTRICTING THE PROGRAM AND TRUMP IS OPENING IT UP. CAN YOU GO ON LINE AND SEE THE EQUIPMENT. IT IS DONE THROUGH THE STATE AS FISCAL AGENT BUT POSSIBLE TO DO THIS AT ANY MOMENT. I AM GRATEFUL WE HAVE THE POLICE CHIEF AND MAYOR WHO ARE COMMITTED TO NOT PARTICIPATING IN THIS. WHO KNOWS WHO WOULD BE THE MAYOR AND WHAT DECISION THEY WOULD MAKE BUT I THINK THIS IS IMPORTANT WHEN WE TALK ABOUT REPURPOSING OUR POLICING, FOR RIGHTIZING IT WITH THREE OTHER PIECES OF LEGISLATION TONIGHT ABOUT HOW WE REFOCUS GOVERNMENT ON SERVING COMMUNITIES OF COLOR, DISADVANTAGED AND QUITE FRANKLY, TARGETED THROUGH A SYSTEM OF RACISM. NOTHING IS MORE DEMONSTRATIVE OF THAT THAN POLICING AND NOT ON PURPOSE AND THIS EQUIPMENT IS USED MOST OFTEN IN THOSE COMMUNITIES. I THINK O U R POLICE DEPARTMENT IS SAYING THEY DON'T NEED IT, DON'T WANT IT. I THINK THIS IS OKAY TO DO THAT BUT I WANT TO POINT THAT OUT. THERE WAS A LOT OF NEIGHBORS INFORMATION ABOUT WHAT THIS DOES AND DOESN'T DO. IT SIMPLY SAYS WE ARE NOT DOING IT ANYMORE. I THINK THAT IS A GOOD PLACE. >> Coun. Sena: THANK YOU SO MUCH FOR THAT. I AGREE AND I ALSO WANT TO NOTE THAT OUR POLICE DEPARTMENT ARE OUR GUARDIANS. THEY ARE NOT OUR WARRIORS. WE ARE NOT AT WAR WITH THE COMMUNITIES AND BY ALLOWING THEM TO CONTINUE TO PARTICIPATE IF THEY SO CHOOSE. I KNOW THEY ARE NOT CURRENT LIPARITES PAY LY PARTICIPATING. AS COMMUNITIES ARE HAVING CONTINUED CONVERSATIONS AND TELLING US THAT WE WANT A SHIFT IF THIS NARRATIVE, THAT WE WANT TO CONTINUE TO LOOK AT OUR OFFICERS HAS GUARDIANS, NOT AS WARRIORS IN A WAR ZONE AGAINST OUR COMMUNITIES, WE SHOULDN'T HAVE TO LOOK AT OUR STREETS AND SEE THESE MILITARY EQUIPMENT IF THAT WERE TO HAPPEN. SO, I URGE YOUR SUPPORT BECAUSE I KNOW THAT OUR COMMUNITY OF COLOR ARE HAVING CONVERSATIONS OF BLACK LIVES MATTER MOVEMENT ARE CONTINUING CONVERSATIONS OF WHAT COMMUNITIES WILL LOOK LIKE, THIS IS MOVING TOWARDS THAT STEP TO SAY OUR OFFICERS ARE OUR GUARDIANS. THERE ARE THOSE THAT ARE LOOKING TO LOOK AFTER, NOT IN WAR WITH THE COMMUNITY. WE DON'T NEED THIS MILITARY EQUIPMENT AND WE WON'T PARTICIPATE IN THE FUTURE. SO I URGE USUAL SUPPORT AND APPRECIATE COUNCILOR DAVIS FOR HIS STATEMENTS EARLIER. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: NO. >> Coun. Gibson: YES. >> Coun. Jones: NO. >> Coun. Pena: NO. >> Coun. Sena: YES. >> Coun. Davis: YES. THAT FAILS ON A 4-4 VOTE. >> Coun. Davis: AT THIS POINT HOPEFULLY MAYOR CAN ISSUE SOME EXECUTIVE ORDER THAT WOULD DO THAT MOUNTAIN MEANTIME. COUNCILOR PENA OR SENA R75. >> Coun. Borrego: I WOULD LIKE TO INTRODUCE STRENGTHENING AND REAFFIRMING COMMITMENT TO ADDRESS RACIAL AND SOCIAL INEQUITY AND I ALSO HAVE A FLOOR AMENDMENT TO MOVE TONIGHT SO, AFTER THIS I WOULD LIKE TO MOVE THAT FLOOR AMENDMENT. >> Coun. Davis: WE R-75 WITH A MOTION FOR DO PASS. IS THERE A SECOND? >> Coun. Sena: SECOND. >> Coun. Davis: YOU HAVE A FLOOR SUBSTITUTE I BELIEVE 4R-HAVE I EVER. >> Coun. Borrego: I DO, FLOOR SUBSTITUTE AND I WOULD LIKE TO MOVE THAT FLOOR SUBSTITUTE. WOULD LITTLE LIKE TO REQUEST A DEFERRAL. SO, I DON'T KNOW IF I NEED TWO SEPARATE MOTIONS ON THAT. >> Coun. Davis: LET'S MOVE FLOOR SUB, GET A SECOND AND THEN WE'LL DEFER THE WHOLE THING UNTIL NEXT MEETING. ANY DISCUSSION ON THE MOTION TO APPROVE A FLOOR SUB FOR R-75? SEEING NONE, WOULD YOU TAKE THAT ROLE. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> 8-0. >> Coun. Davis: I BELIEVE YOU HAVE ANOTHER MOTION. >> Coun. Borrego: THANK YOU. I WOULD LIKE TO REQUEST THAT WE DEFER THIS TO -- I AM NOT SURE OF THE MEETING DATE, CRYSTAL. IS THAT SEPTEMBER 18? >> Coun. Davis: NINTH I BELIEVE. >> NINTH IS THE AFFECTS COUNCIL MEETING IF THAT IS WHERE YOU WANT IT CONSIDERED. >> Coun. Borrego: YES. PLEASE. >> Coun. Jones: SECOND. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. 8-0, POSTPONED AS SUBSTITUTED. >> Coun. Davis: THANK YOU. COUNCILOR BENTON, R-79. >> Coun. Benton: THANK YOU. EXTENDING INTERIM REGULATIONS FOR THE NORTH CORRIDOR REGULATIONS UNTIL INTEGRATED DEVELOPMENT ORDINANCE IS UPGRADED. I MOVE A DO PASS. >> Coun. Borrego: SECOND. >> Coun. Davis: ANY DISCUSSION ON R-79 OR FROM ADMINISTRATION? COUNCILOR BORREGO OR ARE YOU SECOND. >> Coun. Borrego: THAT WAS A SECOND. >> Coun. Davis: SEEING NONE. >> Coun. Benton: URGE YOUR SUPPORT. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. 8-0, PASSES UNANIMOUSLY. >> COUNCILLOR HARRIS IS ABSENT FOR R-82. I AM GOING TO PASS IT UNLESS WE HAVE SOMEONE THAT WANTS TO CARRY IT FOR HIM. I'LL MOVE TO G. COUNCILOR PENA, BORREGO AND SENA. >> Coun. Pena: THIS IS R-83, DIRECTING CITY OF ALBUQUERQUE (INAUDIBLE). I MOVE DO PASS. I CAN TALK ABOUT IT AND DEFER TO THE CO-SPONSORS BUT THIS IS TRYING AS YOU KNOW YOU KNOW, HAVING SOME CONVERSATIONS WE ARE HAVING LEADING UP TO THIS, NOW, WHEN WE ARE TALKING ABOUT SOCIAL INJUSTICE AND SOCIAL INEQUITY AND WE HAVE BOARDS AND COMMISSIONS AND THEY NEED TO BE ADDRESSED TO WHERE WE CREATE MORE DIVERSITY IN OUR BOARDS AND COMMISSIONS BECAUSE RIGHT NOW WE DON'T HAVE THAT AND WE NEED TO ELIMINATE BARRIERS TO SERVING AS WELL. I WOULD ASK THAT COUNCILOR BORREGO OR SENA IF THEY HAVE ANYTHING TO INPUT. >> Coun. Davis: COUNCILOR SENA. >> Coun. Sena: I WAS SECONDING THE MOTION BUT I CAN TAKE THIS TIME TO EMPHASIZE THAT EVALUATION OF ACCESS FOR OUR COMMUNITIES OF COLORADO , HAVING ACCESS TO SERVE ON BOARDS AND COMMISSIONS IS POUR BECAUSE I WANT TO MAKE SURE THAT BOARDS AND COMMISSIONS ARE REFLECTIVE OF THE COMMUNITY AND THIS RESOLUTION IS PUTTING EMPHASIS TO THAT. I DEFER TO THE OTHER CO-SPONSOR, COUNCILOR BORREGO. >> Coun. Borrego: THANK YOU. ESPECIALLY TO COUNCILOR PENA FOR PUSHING THIS FORWARD BECAUSE I THINK IT REALLY CREATES OPPORTUNITY FOR US AS A CITY TO PROMOTE DIVERSITY AND TO BE INCLUSIVE, AS INCLUSIVE AS POSSIBLE AND TO START CREATING THAT BALANCE THAT WE WERE TALKING ABOUT EARLIER WITH THE PREVIOUS BILL, R-20-65 AND ENSURE THAT PEOPLE SERVE AT ALL LEVELS. I URGE YOUR SUPPORT. >> Coun. Davis: THANK YOU. >> Coun. Benton: THANK YOU. >> Coun. Davis: THEN, COUNCILLOR PENA, DID YOU WANT TO HAVE AN OPPORTUNITY TO CLOSE? >> Coun. Pena: YES. I URGE EVERYONE'S IMPORTANT. THIS IS IMPORTANT AND SOMETHING THAT I HAVE BEEN WORKING WITH SOME STAFF TO JUST DEVELOP THE ANALYSIS OVER THE YEARS. I MEAN, SINCE NANCY STARTED AND SHE IS BACK WITH ME. I THINK RIGHT NOW HAS BEEN AN OPPORTUNITY. I DIDN'T SEE THIS OPPORTUNITY AS BEING AVAILABLE BUT IN LIGHT OF THE SOME OF THE THINGS THAT ARE HAPPENING, I THINK THAT, YOU KNOW, WE ARE PRIME TO BRING THE RIGHT ATTENTION THIS DESERVES TO ENSURE THAT WE HAVE A MORE DIVERSE BOARDS AND COMMISSIONS THROUGHOUT THE CITY. I URGE YOUR SUPPORT. THANK YOU. >> Coun. Davis: AGAIN IT IS HARD TO SEE EVERYBODY. WOULD YOU BE OKAY IF WE ASKED ADMINISTRATION TO WEIGH IN AND GIVE YOU A CHANCE TO CLOSE AFTER THAT. >> Coun. Pena: YOU DIDN'T LET ME WEIGH IN A MINUTE AGO BUT, YEAH. >> NAIR: I'LL KEEP IT QUICK. I JUST WANTED TO ACKNOWLEDGE OUR DEPUTY DIRECTOR CONSTITUENT SERVICES HELEN MAESTAS BECAUSE SHE STUCK AROUND TO HEAR THIS BILL. SINCE MAYOR KELLER TOOK OFFICE HE PRIORITIZED FROM DAY ONE BRINGING BACK TO LIFE OUR BOARDS AND COMMISSIONS. THERE WERE HUNDREDS OF VACANCIES AND WITH YOUR HELP HELP WE MADE AAPPOINTMENTS AND BROUGHT UP TO PAR ALL THOSE THINGS THAT GO ALONG WITH A PARTICIPATORYY PROCESS. I KNOW THE DEPUTY DIRECTOR LOOKING AT DIVERSITY AND SHE IS A GREAT RESOURCE. WE THANK THE SPONSORS AND SUPPORT THIS BILL. >> Coun. Pena: WE DON'T DO THIS THING IN ISOLATION OF EACH OTHER. I APPRECIATE THEM AND THEIR WILLINGNESS TO WORK TO MAKE SURE WE GET THIS DONE. AND MOVE OUR CITY FORWARD. >> Councilor Bassan: NO. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. 7-1 VOTE. >> Coun. Davis: NEXT UP, R-84. >> Coun. Pena: SO, I WAS HOPING TO HAVE PEOPLE COME TO SPEAK AND I APOLOGIZE. THIS IS MY DOING AGAIN. WE HAD A FAMILY EMERGENCY LAST NIGHT SO I HAVEN'T HAD ANY SLEEP IN 24 HOURS. THIS IS R-84 DIRECTING CITY OFFICE OF EQUITY AND INCLUSION HUMAN RESOURCES DEPARTMENT SMALL BUSINESS OFFICE WORKFORCE DEVELOPMENT TO COLLABORATE WITH LOCAL DISABILITY EMPLOYMENT PROVIDERS TO EXPLORE OPPORTUNITIES FOR CREATING SUPPORTIVE EMPLOYMENT OPPORTUNITIES AMONG PERSONS WITH DISABILITIES. THERE IS A GENTLEMAN CHRIS LOVE WHO CAME TO ME AND TALKED TO ME ABOUT THIS. OBVIOUSLY EVERYONE KNOWS I HAVE A FAMILY MEMBER -- THERE IS CHRIS. HE IS HERE. THEY CAME TO ME AND EVERYONE KNOWS THAT I HAVE A BROTHER WHO WITHOUT SUPPORT HE WOULDN'T BE GAINFULLY EMPLOYED AND A CONTRIBUTING MEMBER OF SOCIETY FOR OVER 17 YEARS. WITHOUT THE HELP OF ORGANIZATIONS LIKE THESE PROGRAMS THAT PROVIDE JOB TRAINERS. THIS IS SOMETHING I TALKED ABOUT FOR A LONG TIME BUT WHEN HE PRESENTED IDEA I SAID I JUST NEED TO REALLY MOVE FORWARD AND DO THIS. THIS IS JUST GOING TO BE MONUMENTAL FOR THE CITY IF IT PASSES IN TERMS OF BRINGING PEOPLE FROM THE DISABLED COMMUNITY THEY COME WITH JOB COACHES AND THEY DO SOMETIMES BETTER JOBS THAN OUR REGULAR EMPLOYEES DO. THEY ARE REALLY WANTING TO PARTICIPATE AND DO ANYTHING THEY CAN TO MAKE SURE THAT THEY DO A GOOD JOB AND I THINK IT WOULD BE AWESOME TO HAVE THIS COMMUNITY BE PART OF THE ALBUQUERQUE FAMILY. I WOULD ASK MR. PRESIDENT IF CHRIS CAN SPEAK. >> WILL. >> Coun. Davis: SURE. CHRIS, HOW ARE YOU? >> CHRIS: GOOD EVENING MR. PRESIDENT AND COUNCILLOR PENA. THANK YOU SO MUCH FOR INVITING US. I AM ALEX WITH THE ORGANIZATION THAT CHRIS IS WITH AND WE ARE REALLY EXCITED TO PRESENT THIS BILL. IT IS AN AMAZING OPPORTUNITY TO OPEN UP EMPLOYMENT OPPORTUNITIES FOR FOLKS IN ALBUQUERQUE PARTICULARLY THOSE WITH DISABILITIES. WHAT WE KNOW ABOUT THIS TYPE OF LEGISLATION IS THAT IT IMPACTS MANY MARGINAL USED COMMUNITIES WHO HAVE EXPERIENCED UNDER EMPLOYMENT AND THEY WILL BE ABLE TO SUPPORT INCLUSIVE EMPLOYMENT AND WE FEEL IT WOULD BE A HUGE BENEFIT TO THE CITY TO SEE THIS ACT. THANK YOU FOR HAVING US. HAPPY TO ANSWER ANY QUESTIONS BUT WE ARE EXCITED ABOUT INCREASING INCLUSIVE EMPLOYMENT 4 CITIZENS IN ALBUQUERQUE. >> Coun. Pena: CHRIS DID YOU WANT TO SAY ANYTHING? >> CHRIS: JUST WHAT SHE WAS SAYING. WE ARE EXCITED OVER HERE ABOUT THIS. WE THINK IT REALLY WILL HELP THE COMMUNITY. SO, THANK YOU. >> Coun. Pena: I WOULD ASK THE OTHER SPONSORS TO SPEAK AS WELL. >> Coun. Pena: THANK YOU FOR ASKING MYSELF AND COUNCILOR GIBSON TO CO-SPONSOR. AS WELL. AS YOU KNOW, I RECENTLY WAS SPONSOR OF THE CLOSED CAPTION BILL FOR HEARING IMPAIRED AND I THINK THIS BILL AND OTHERS THAT WE WILL SEE REALLY PROMOTE INCLUSIVENESS AND OPPORTUNITIES FOR ALL POPULATIONS AND I THINK THAT THAT IS WHAT MAKES US A BETTER CITY AND IT HELPS US TO EMPLOYMENT PEOPLE THAT WOULDN'T -- MAY FEEL LIKE THEY MAY NOT HAVE THAT OPPORTUNITY. I WOULD ALSO SECOND THIS. >> Coun. Jones: CHRIS, I AM SORRY TO JUST MEET YOU NOW ON TV. BUT, THANK YOU FOR ASKING US TO WRITE A LETTER FOR YOU SO YOU COULD GET A JOB THAT YOU WANTED. SO, CHRIS, CONGRATULATIONS AND I AM PROUD THAT YOUR LIVING IN OUR DISTRICT. KEEP UP THE GOOD WORK. P. >> Councilor Bassan: THANK YOU. FORGIVE MY BEING NAIVE WITH THIS BUT I WAS UNDER IMPRESSION WE HAVE LAWS AND I DON'T KNOW WHAT WE ARE DOING WRONG AND WHAT WE NEED TO ENFORCE BETTER IN ORDER TO MAKE SURE THOSE WITH DISABILITIES GET TREATED FAIRLY. I WANT TO MAKE SURE THERE IS EQUITY. I DON'T SEE WHERE WE ARE NOT FILLING THAT GAP ASIDE FROM CREATING THIS RESOLUTION. I WOULD REALLY LIKE TO LEARN MORE ABOUT THAT. >> Coun. Pena: I THINK COUNCILLOR GIBSON I'LL LET HER SPEAK BUT I'LL SPEAK TO THAT. SOMETIMES WITHIN OUR SYSTEMS WE HAVE BARRIERS, RIGHT? IT IS NOT SO EASY FOR SOMEONE TO FILL OUT APPLICATION OUR DO A JOB INTERVIEW SO WE HAVE BARRIERS THAT WE HAVE TO TRY TO MAKE SURE THAT WE FILL THE GAP SO THAT THERE IS MORE INCLUSION FOR PEOPLE WITH DISABILITIES. AND HOW WE DO THAT. THE LAWS THERE ARE BUT THERE IS OBSTACLES IN THE WAY THAT WE JUST NEED TO TEAR DOWN. I THINK COUNCILOR GIBSON. >> THEN I HAVE A FLOOR AMENDMENT TOO I AM SORRY. >> Coun. Davis: COUNCILLOR GIBSON IS NEXT AND THEN COME BACK TO YOU. >> Coun. Gibson: THANK YOU COUNCILOR PENA FOR INITIATING THIS. I DON'T KNOW IF THE LAWS YOUR EXACTLY WHERE THEY NEED TO BE. I THINK THERE MIGHT BE SOME MORE THINGS THAT WE CAN DO BUT A BIGGER THING IS WHAT COUNCILLOR PENA GAVE EXAMPLE OF ARE OPPORTUNITIES AND CONNECTIONS. HELPING THE STEPS THAT NEED TO HAPPEN IN ORDER FOR PEOPLE WHO MAYBE HAVEN'T BEEN IN THE WORKFORCE BEFORE, YOU KNOW. MIGHT BE THEIR FIRST JOB OR MAYBE THEY ARE DOING SOMETHING DIFFERENT THAN THEY DID THEIR LAST JOB. AND SO, THE ANYWAY THAT WE CAN KIND OF FACILITATE, YOU KNOW, CROSSING THOSE BRIDGES SO THAT PEOPLE, YOU KNOW, CAN WORK AND BE GAINFULLY EMPLOYED AND ACTUALLY FEEL A PART OF OUR ECONOMY AND A LITTLE WILL SOCIALLY LINKED WITH OUR SOCIETY. THOSE ARE ALL GREAT THINGS TO DO. THERE IS A LOT TO BE SAID FOR FEELING A PART OF SOMETHING. AS MUCH AS I REMEMBER COMPLAINING ABOUT GETTING UP IN THE MORNING AND HAVING TO GO TO WORK, I WAS A PART OF SOMETHING. IF I DIDN'T GO TO WORK I WOULD HAVE MISSED IT. I WOULDN'T BE THE HAPPY GO LUCKY PERSON THAT I AM TODAY. ANYWAY, THIS IS A GREAT BILL AND I HOPE THAT IT REALLY WILL KIND OF KNOCK DOWN SOME OF THOSE BARRIERS AND MAKE IT -- PRESENT MORE OPPORTUNITIES FOR PEOPLE WHO CAN USE THEM. THANK YOU. >> Coun. Davis: THANK YOU. >> Coun. Sena: THANK YOU. I DO APPRECIATE COUNCILOR PENAOR ON THIS. MY ADVOCACY WORK WITH CHILDREN WITH DISABILITIES AND COMPLEX MEDICAL NEEDS AND HAVING CONVERSATIONS WITH THEM WHAT THEY ENVISION, WHAT THEY GROW UP TO BE AND WHAT CAREERS AND AVENUES THEY WOULD BE STRIVING FOR. JUST HAVING THIS CONVERSATION WITH THEM REALLY SPURRED MY DESIRE TO MAKE EMPLOYMENT MORE EX OWE EQUITABLE. I APPRECIATE CHRIS FOR COMING HERE TODAY AND REALLY SHEDDING LIGHT ON THE IMPORTANCE OF THIS RESOLUTION. I APPRECIATE YOU AND SOMETIMES WE DON'T REALLY QUITE UNDERSTAND SOME OF THE BARRIERS UNLESS WE HEAR FROM THOSE THAT EXPERIENCE IT ESPECIALLY IN COUNCILLOR PENA'S CASE NOTING A FAMILY MEMBER WITH A LOVED ONE. I APPRECIATE YOU COMING LATE ON A MONDAY NIGHT TO SUPPORT THIS RESOLUTION. THANK YOU. >> Coun. Pena: FLOOR AMENDMENT 1 TO R20-84. PAGE 1 LINE THERE I THROUGH 4 REPLACE SMALL BUSINESS OFFICE WORK FORCE LIAISON WITH ECONOMIC DEVELOPMENT DEPARTMENT. PAGE 1 THROUGH 2, LINES 24 THROUGH 25 ON PAGE 1 AND LINES 1 THROUGH 4 PAGE 2, DELETE WHEREAS IN THE CITY ECONOMIC DEVELOPMENT DEPARTMENT WAS RECENTLY AWARDED 450,000 GRANT FROM THE WK KELLING ON FOUNDATION TO SUPPORT CITIES WORK FORCE DEVELOPMENT EFFORTS INCLUDING HIRING LIAISON TO COORDINATE EFFORTS AND, ON PAGE 3, LINES 22 THROUGH 23 REPLACE SMALL BUSINESS OFFICE WORKFORCE DEVELOPMENT LIAISON WITH ECONOMIC DEVELOPMENT DEPARTMENT. EXPLANATION IS THE PURPOSE OF THIS AMENDMENT TO EXPAND TO COLLABORATE WITH EQUITY AND INCLUSION IN FULFILLING TASKS OUTLINED. >> Coun. Borrego: SECOND. >> Coun. Davis: ANY DISCUSSION? SEEING NONE. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: I AM SORRY, YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> 8-0 ON AMENDMENT 1. >> Coun. Davis: BACK ON THE BILL. >> Coun. Pena: I'LL CLOSE TO AGAIN THANK ALEX, CHRIS, ESPECIALLY YOU FOR SHAKING ME AND MAKING ME MOVE ON THIS. I APPRECIATE IT. I WANT TO THANKS CO-SPONSORS, THIS IS SOMETHING THAT I AM PASSIONATE ABOUT. LIKE OTHER THINGS BUT, ANYWAY, THIS IS SOMETHING I AM VERY PASSIONATE ABOUT AND I WOULD URGE YOUR SUPPORT. I WANT TO THAT I I WANT TO THANK ADMINISTRATION AND WE WANT TO GET THESE THINGS. I WANT TO THANK ECONOMIC DEVELOPMENT DEPARTMENT. I DON'T KNOW IF ANYONE FROM ADMINISTRATION WANTS TO SAY ANYTHING. I THANK YOU GUYS FOR HELPING ME. NANCY AND JEFF, I DON'T SEE HIM ON THE CALLS BUT HE HELPED ME TO PUT THIS TOGETHER AND WORK WITH CHRIS AND ALEX TO PUT THIS RESOLUTION TOGETHER. SO, I REALLY APPRECIATE HIS INPUT AS WELL AND HIS EFFORTS. THANK YOU. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. PASSES UNANIMOUSLY AS AMENDED. >> Coun. Davis: CONGRATULATION S. HOPEFULLY WE'LL SEE YOU IN PERSON SOME TIME SOON. >> Councilor Bassan: R-88. I WOULD LIKE TO MOVE R-88 CALLING ON A STAY OF ENFORCEMENT ON PROHIBITION OF MOBILE FOOD TRUCKS IN THE NRPOA ZONE DISTRICTS. I MOVE DO PASS. I SEE COUNCILOR JONES HAS A SECOND. ANY OTHER DISCUSSION OR COMMENT? THAT MIGHT BE YOUR CLOSE. ANY OTHER. >> Councilor Bassan: THIS IS TEMPORARY UNTIL IDO AMENDMENTS GET APPROVED OR NOT. WE CAN KIND OF HAVE A LEGITIMATE OF HAVING THE SITUATION WHERE FOOD TRUCKS FOLLOW ALLSTATE HEALTH ORDERS AND REGULATIONS WITH THE CITY. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> 8-0. DAY OF CONGRATULATIONS. M-3 AS AMENDED. >> Councilor Bassan: I WOULD LIKE TO MOVE M-3 AS AMENDED EXPRESSING SUPPORT OF THE ALBUQUERQUE POLICE DEPARTMENT. COUNCILOR BORREGO IS A SECOND. >> Councilor Bassan: THIS STATES IN UNSIR TAN TERMS WE HAVE STRONG SUPPORT OF THE MEN AND WOMEN IN THE POLICE DEPARTMENT THAT PUT THEIR LIVES ON THE LINE EVERYDAY. I AM URGING EACH COUNCILOR TO TAKE THIS OPPORTUNITY TO ENTHUSIASTICALLY VOICE THEIR OPINION OF THE ALBUQUERQUE POLICE DEPARTMENT AND THOSE PEOPLE PUTTING THEMSELVES OUT IN GOOD WAYS AND THEY ARE TRYING TO HELP US. THEY ARE OUR GUARDIANS. I AGREE AND GUARDIANS NEED TO BEING PROTECTED AND THEY NEED A BOOST. THIS IS OUR MOMENT HEARING LATELY THAT MAYBE GUARDIANS ARE FEELING THINK NOT AS SUPPORTED BY THE COUNCIL AS I BELIEVE WE HAVE ALL EXPRESSED. URGER SUPPORT SO THEY CAN HEAR OUR VOICES THAT WE ARE INDEED ON THEIR SIDE. >> Coun. Davis: COUNCILOR BORREGO AS THE SECOND. >> Coun. Borrego: THANK YOU. I WANTED TO EXPRESS HAVING BEEN A CITY EMPLOYEE THAT KIND OF THE PROCESS THAT POLICE GO THROUGH. THEY GO THROUGH AN EXTENSIVE TRAINING. THEY START OFF IN THE HUMAN RESOURCES DEPARTMENT. APPLYING FOR JOBS AND I 70LY BEING ACCEPTED INTO THE POLICE' ACADEMY. IT IS A RIGOROUS TRAINING. IN RECENT YEARS IT CHANGED SO THE TIME THEY USED TO WORK WAS 22 YEARS AND NOW I THINK IT IS MORE LIKE 25 YEARS AND 25 YEARS AS A PUBLIC SERVANT IN THE LINE OF DUTY THEY HAVE WHICH IS USUALLY IN THE LINE OF FIRE UNFORTUNATELY. AND DEALING WITH SOME OF THE WORST OFFENDERS AND ALSO DEALING WITH SOME OF OUR WONDERFUL PEOPLE OUT IN THE COMMUNITY. SO, THEIR JOB IS NOT EASY. THEY GO HOME AFTER SHIFTS AND HOPEFULLY GO HOME TO THEIR FAMILIES AND, YOU KNOW, IT IS A THING THAT WORKING FOURTH CITY FOR ALMOST 30 YEARS AND KNOWING SOME OF THESE OFFICERS AND KNOWING THEM JUST AS REGULAR PEOPLE, IT MADE ME REALIZE I WOULD NEVER WANT TO HAVE THAT JOB MYSELF BECAUSE IT IS SO DANGEROUS. BUT, ON THE OTHER HAND WHAT WE TALKED ABOUT EARLIER ABOUT, YOU KNOW, BALANCE AND TRUST, THIS IS SOMETHING THAT I THINK THE CITY COUNCIL AND THE MAYOR'S OFFICE ARE DEFINITELY WANTING TO WORK ON AND I THINK THAT WE CAN BUILD THAT TRUST AGAIN. AND THAT WE CAN LET OUR .LEASE OFFICERS KNOW POLICE OFFICERS KNOW THEY ARE SUPPORTED AND COMMUNITY KNOW THEY ARE SUPPORTED. I AM LOOKING FORWARD TO ALL OF US WORKING TOGETHER TO ENSURE WE GET THERE AS A COMMUNITY. >> Coun. Sena: I JUST WANTED TO TAKE THIS OPPORTUNITY TO GIVE A SHUT OUT TO MY TWO AREA COMMANDERS, NEWEST AREA COMMANDER FOR THE NORTHWEST IS PARKER. I WANT TO CONGRATULATE HER AGAIN FOR OFFICIAL APPOINTMENT IN THAT POSITION. REALLY THANK HER FOR THE WORK SHE IS DOING FOR OUR COMMUNITY AND REACHING OUT TO A LOT OF CONSTITUENT'S CONCERNS AROUND OUR TRAFFIC WHICH IS STARTING TO GET A LITTLE HEAVY FOOTED IN THAT AREA. I WANTED TO REACH OUT TO HER AND TAKE THIS TIME TO THANK HER FOR THE WORK SHE IS DOING AND HER APPOINTMENT AND ALSO TO OUR SOUTHWEST AREA COMMANDER ESPNPY ESPNPY COMMANDER E EAP I NOSA. >> Coun. Pena: THANK YOU FOR SAYING THOSE THINGS. I WAS GOING TO DO THE SAME THING. I JUST REALLY WANT TO GIVE A SHOUT OUT TO SOUTHWEST AREA COMMAND, ESPNPY KNOWS A, MIDDLE TON, CANDELARIA, JOSH, YOU KNOW. THAT IS WHAT I WAS TALKING ABOUT EARLIER, THINK REALLY, THEY ARE CINE THE MODEL FOR OUR CITY IN TERMS OF OUR COMMUNITY POLICING AND WORKING WITH DEPUTY CHIEF MEDINA I JUST WANT TO SAY THEY ARE DOING SUCH A GREAT JOB. WE ARE SITTING HERE HAVING THESE CONVERSATIONS OUT IN THE COMMUNITY ABOUT WHAT THE POLICE ARE DOING WRONG. I LOOK AROUND AND I SEE THAT WE HAVE PROBLEMS BUT I LOOK AROUND AND I SAY, YOU KNOW, OUR AREA COMMAND, YOU KNOW, THINK OUT THERE PLAYING BASKETBALL AT COMMUNITY EVENTS, DANCING, UNOF THEM GOT ON GOOD MORNING AMERICA. THEY ARE ATTENDING EVENTS. THEY JUST WORKED WITH COMMUNITY ORGANIZATIONS, WEST CENTRAL GROUP TO PUT TOGETHER FOOD BOXES AND DISTRIBUTED THEM NOW DURING COVID-19. THEY WORK AT THE NEIGHBORHOOD SCHOOLS WITH STUDENTS WHO YOUR DISABLED. THEY PROVIDE SERVICES TO THE COMMUNITY MEMBERS AND THEY DO A LOT OF DATA DRIVEN POLICING AND ITING SOMETHING THAT I CAN GO ON AND ON ABOUT THEM BUT I WANT TO SAY I KNOW SOME OF OUR MEN AND WOMEN AT THE POLICE DEPARTMENT ARE FEELING A LITTLE DOWN BUT I DON'T KNOW EVERYONE IN APD BUT SOUTHWEST AREA COMMAND I HAVE WORKED CLOSELY WITH THEM AND THEY DO A GREAT JOB. THANK YOU. >> Coun. Benton: JUMP ON THE BANDWAGON OF A SHOUT OUT TO NOT ONLY VALLEY COMMAND AND THE PART OF THE SOUTHEAST COMMAND THAT SERVES DISTRICT 2 BUT ALSO THE DOWNTOWN PUBLIC SAFETY UNIT, THEY ARE DOING SUCH A GREAT JOB AND I AM NOT GOING TO CALL OUT ANYBODY BY NAME. I THINK THEY ALL KNOW HOW MUCH I APPRECIATE THEM AND I AM CRITICAL OFTEN AND HAVE CASA CRITICAL EYE AT APD AND WILL CONTINUE TO ON THINGS LIKE BUDGET AND BEING EFFICIENT BUT I'LL JUST SINGLE OUT PETE SILVA WHO HAS FINALLY LEFT DOWNTOWN OF MORE THAN FIVE YEARS OF GREAT SERVICE TO DOWNTOWN DURING TOUGH TIMES. WHEN WE WERE NOT COMMITTING TO THE NEED FOR SAFETY DOWNTOWN. I APPRECIATE THE MAYOR'S COMMITMENT TO THAT AND PETE IS MOVING ON, HE IS GOING TO BE CHIEF RECRUITER FOR APD TO RECRUIT NEW OFFICERS SO WE ARE GOING TO MISS HIM DOWNTOWN. I WANT TO THAT I CAN HIM FOR ALL THE GREAT WORK HE DID DOWN THERE. I WENT ON A BIKE RIDE ALONG WITH THE DOWNTOWN BIKE UNIT LAST SUMMER AND WAS SO IMPRESSED WITH HOW COMPASSION@THEY ARE. THEY ARE DEALING WITH HOMELESS ON THE STREET AND SUFFERING FROM BEHAVIORAL DISORDERS AND ADDICTION. BUT, THINK VERY COMPASSIONATE AND THEY ARE WORKING REALLY WELL WITH OUR OUTREACH FOR ALBUQUERQUE STREET CONNECTOR TRYING TO MAKE CONTACT WITH THE MOST FREQUENT FLIERS, THEY CALL THEM, A FUNNY NAME. WILL PEOPLE WHO REGULARLY COME IN CONTACT WITH POLICE AND USE POLICE RESOURCES AND EMERGENCY ROOM RESOURCES AND I LOVE SEEING THAT INTERACTION BETWEEN THOSE WILL TEAMS AND APD DOWNTOWN. IT IS ALL OVER THE CITY, I THINK. WE HAVE SO MANY GREAT PEOPLE WORKING IN THE DEPARTMENT. SO, I AM SUPPORTIVE OF THIS MEMORIAL. THANK YOU. >> Coun. Jones: THANK YOU. I HOPE I DON'T HAVE TO NAME EVERYONE. THE TWO COMMANDS THAT SERVE MY DISTRICT FOOT HILLS AND NORTHEAST. THEY ALL GO ABOVE AND BEYOND. THANK YOU FOR ALL OF OUR PEOPLE. >> Coun. Davis: I THINK PROCESS PUBLIC SAFETY COMMITTEE MADE LEGISLATION STRONGER AND I APPRECIATE THE COUNCILOR FOR GOING THROUGH THE PROCESS WITH US WE HAVE GOOD LEGISLATION. >> Councilor Bassan: THANK YOU. I JUST AM REALLY GRATEFUL FOR YOUR COMMENTS AND I HOPE THAT ALL OF THOSE IN BLUE HAVE HEARD THIS AND IF THEY KNOW SOMEBODY HAD HASN'T I HOPE THEY SHARE IT SO THAT THIS IS THE BEGINNING OF THEM GETTING AFIRM ATION THAT TELLS THEM THEY ARE SUPPORTED. I BELIEVE THAT WE ARE TRYING TO WALK THAT WALK AND IN ADDITION TO JUST TALKING THE TALK. THIS IS A GOOD START AND I THINK THAT WE ARE ALL WANTING TO DO THE THING. SO THAT BEING SAID I WANT TO MAKE SURE TO ALWAYS THING ALL THOSE THAT DIDN'T GET THANKED THAT YOUR IN THE BLUE. THAT IS THE END OF THE OSCAR SPEECH. I DO URGE YOUR SUPPORT. >> Councilor Bassan: YES. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> WILL PASSES UNANIMOUSLY. >> R-91. >> Coun. Pena: THANK YOU. THIS IS APPROVING FISCAL YEAR 2021 APPROPRIATIONS FUNDING FOR ASSISTANCE PROGRAM DURING PUBLIC HEALTH EMERGENCY. I MOVE DO PASS. >> Coun. Borrego: SECOND. >> Coun. Pena: I DON'T HAVE THE ANALYSIS IN FRONT OF ME. I LOST MY PAGE BUT IT IS JUST 300,000 APPROVED AS EXPENDITURE FROM THE CARES GRANT TO BE ADMINISTERED BY FAMILY AND COMMUNITY SERVICES TO PROVIDE EVICTION PREVENTION ASSISTANCE TO ALBUQUERQUE RESIDENTS FOR THE DURATION OF THE PUBLIC HEALTH ORDERS. IF YOU JUST READ AND SEE PEOPLE ARE REALLY HAVING A DIFFICULT TIME WITH EVICTIONS AND PEOPLE WITH CHILDREN AND WHO ARE GETTING SICK AND JUST IT IS A TOUGH TIME OUT THERE. WE PROVIDED LOTS OF DOLLARS FOR DIFFERENT THINGS. I REALLY THINK TO BE ABLE TO HELP PEOPLE STAY IN HOMES, IT IS SOMETHING THAT ADMINISTRATION ALREADY DOES SO IT IS ACTUALLY PROVIDING ADDITIONAL RESOURCES. I DON'T KNOW IF THERE IS ANYMORE FROM THE ADMINISTRATION BUT IT IS REALLY JUST ADDING MONEY TO SOMETHING THEY ARE ALREADY DOING. >> Coun. Davis: COUNCILLOR BENTON. >> Coun. Benton: SPEAKING OF ADMINISTRATION I WANTED TO ASK ABOUT THAT. I KNOW THAT THE LIMIT ON THIS ACCORDING TO WRITE UP IS 1000 PER MONTH BUT IS THIS GOING TO GO FAR ENOUGH? IF IT IS NOT THEN WE CERTAINLY OUGHT -- I AM SUPPORTIVE BUT CONCERNED ABOUT THAT. PEN CAN YOU BUMP IT UP BY AN AMENDMENT. >> NAIR: THANK YOU FOR THAT. WE ARE SUPPORTIVE OF THIS LEGISLATION. OUR DIRECTOR OF FAMILY AND COMMUNITY SERVICES IS HERE AND ABLE TO ANSWER QUESTIONS BUT I WILL SAY THAT WE WILL BE TAKING A LOOK TO MAKE SURE WE ARE MEETING NEEDS AND IF WE NEED ADDITIONAL FUNNELED WE'LL PUT THAT IN THE OPERATING BUDGET AND SUBMIT IT TO COUNCIL. >> Coun. Benton: THAT SOUNDS GOOD. >> Coun. Davis: NEXT I THINK COUNCILLOR PENA DID YOU SAY YOU HAVE AMENDMENT FOR THIS? >> Coun. Pena: I DON'T. WE HAVE COUNCILLOR GIBSON AND BORREGO. WE ARE TRYING TO SORT OUT PAPERWORK BACK HERE. NEXT UP COUNCILLOR GIBSON AND THEN COUNCILOR BORREGO. >> Coun. Gibson: I JUST WANT TO ADD THAT I SAT IN ON A TELECONFERENCE ZOOM CONFERENCE WITH THE CITIES LAST WEEK AND REALLY A GOOD CONFERENCE AND ONE OF THE THINGS I LEARNED ONE OF THE STAGGERING NUMBERS I LEARNED WAS THAT 40% OF FAMILIES LIVING IN THIS COUNTRY YOUR AT RISK FOR LOSING THEIR HOMES. SO, I CAN'T EVEN WRAP MY HEAD AROUND THAT. IT IS JUST A HUGE NUMBER. ANYTHING THAT WE CAN DO TO TRIM THAT BACK GOT TO BE A GOOD THING. THAT IS A LOTS OF HOMELESS PEOPLE ON THE STREETS. THANK YOU. >> Coun. Borrego: THANK YOU MR. PRESIDENT. I ALWAYS ASK MYSELF WHENEVER WE ARE DOING APPROPRIATIONS THE SAME QUESTIONS. WHO WHAT WHERE WHY WHEN AND HOW. I AM NOT UNDERSTANDING THE HOW EXACTLY. I WONDERED IF CARROLL PIERCE WAS THERE TO TALK A LITTLE BIT ABOUT HOW IN ALL FAIRNESS COUNCILLOR PENA, HOW THAT MONEY WOULD BE DISTRIBUTED. I JUST WANT TO SAY THAT I AM SUPPORTIVE BUT STILL NOT CLEAR ABOUT HOW THAT WOULD BE DISTRIBUTED. >> WE SEE YOU THERE IN BUDGET. >> PIERCE: THANK YOU. WELL, RIGHT NOW OUR MAJOR MECHANISM FOR DISTRIBUTION OF EVICTION PREVENTION IS HEALTH AND SOCIAL SERVICE CENTERS. WE ARE SUPPORTIVE OF THIS LEGISLATION BECAUSE AS ALL YOU'RE SAYING THERE IS A GREAT NEED IN OUR COMMUNITY. SO, TYPICALLY PRE-COVID-19 WE USED HUD DOLLARS TO HELP WITH EVICTION PREVENTION RENTAL ASSISTANCE, UTILITY ASSISTANCE AND CARES ACT DOLLARS THIS LEGISLATORRING OF COUNCILLOR PENA'S WILL BE HELPFUL TO ADD MORE MONEY TO RESPOND. RIGHT NOW BECAUSE EVICTION PREVENTION IS SUCH AN IMPORTANT TOPIC, WE ARE MEETING WEEKLY WITH OUR FELLOW PART FIRST AT EQUITY AND INCLUSION TO DECIDE HOW ARE WE GETTING WORD OUT, HOW WILL THAT BE IN DIFFERENT LANGUAGES. HIRING TEMPO TEMPORARY STAFF SE CAN WORK SOCIAL CENTERS AND HAVE THEM BEE BILINGUAL STAFF. TODAY'S CONVERSATION ALSO INCLUDED AN EVICTION PREVENTION ALMOST PACKAGE THAT WE CAN SHARE WITH THE COMMUNITY EVEN SOME OF THOSE FRONT LINE PEOPLE LIKE SCHOOL SOCIAL WORKERS THAT ARE SEEING THIS NEED AMONG FAMILIES. SO WE CAN PUT FEELERS OUT IN THE COMMUNITY SO THEY KNOW THE MONEY EXISTS. >> Coun. Pena: THAT IS REALLY GREAT AND I AM REALLY GLAD TO KNOW THAT THERE IS ALREADY EXISTING STRUCTURE IN PLACE AND THAT IS GOING TO SUPPLEMENT THAT. THAT'S WHAT I NEEDED TO KNOW. THANK YOU FOR THAT. >> Councilor Bassan: I WAS JUST WONDERING, DIRECTOR PIERCE WHEN DO YOU HAVE THAT PACKET PUT TOGETHER CAN WE GET A PRESENTATION JUST BECAUSE THAT SOUNDS AMAZING. >> PIERCE: YES, WE WOULD BE HAPPY TO SHARE THAT PACKAGE WITH ALL OF YOU. >> Councilor Bassan: MAYBE A PRESENTATION MR. PRESIDENT OR SOMETHING. I DON'T KNOW HOW THAT GETS DONE. >> Coun. Davis: IT IS A REQUEST. WHENEVER YOU ALL YOUR READY. >> Coun. Sena: I DID JUST WANT TO NOTE AND APPRECIATE DIRECTOR PIERCE FOR ALL THE WORK SHE IS DOING ESPECIALLY IN EVICTION PREVENTION BECAUSE THERE IS THIS WAVE OF EVICTIONS THAT COULD BE LOOMING. I WANT TO KNOW TOO IN CONSUMER PROTECTION THAT DIRECTOR MEYERS IS DOING EXCELLENT PRESENTATION GOING THROUGH THE PROCESS FOR COMMUNITY MEMBERS WHEN EVICTION IS BROUGHT FORWARD AND WHAT THEY NEED TO BE DOING SO I JUST WANTED TO KNOW THROUGH THAT PROCESS YOU CONNECT WITH THE CONSUMER PROTECTION AND SAY THAT, YES, BEFORE WE GO THROUGH THIS WHOLE PROCESS, THESE ARE THE SERVICES AVAILABLE TO YOU. CAN YOU TALK ABOUT THAT A LITTLE BIT AND PERHAPS WE'LL HAVE OVERALL PRESENTATION AS NOTED AT SOME TIME IN THE FUTURE. >> PIERCE: WE ARE CONNECTING WITH KAREN MEYERS. SHE HAS DONE EXCELLENT JOB ON THOSE RESOURCES. ON OUR WEEKLY MEETING SHE IS A FAR OF THAT. WE ARE CONNECTING THOSE DOTS. I THINK AT TODAY'S MEETING WE LANDED ON FOUR DIFFERENT DOCUMENTS THAT WE NEEDED AND SOME OF THOSE WERE KIND OF HIGH LEVEL FOR THE COMMUNITY. THEN IT WAS KAREN'S DOCUMENT HOW THAT WOULD BE PART OF THE PACKAGE AND FOURTH WAS THE THE DETAILS FOR THOSE LIKE SCHOOL SOCIAL WORKERS OR OTHER KNOWN PROFITS IN THE COMMUNITY THAT ARE REACHING OUT TO A VARIETY OF POPULATIONS. IN SHORT, YES, WE ARE CONNECTING WITH HER DIRECTLY AND SHE IS PART OF OUR BIGGER TEAM. >> Coun. Sena: I WANTED TO ALSO ASK, YOU KNOW, WE ARE HOPING TO START UPTOWN HALLS AGAIN TO ENSURE INFORMATION COMES OUT IN REALTIME IF A LANGUAGE THAT OUR COMMUNITY CAN UNDERSTAND. SO, THAT IS MY NEXT QUESTION. IS THIS OUTREACH ARE THEY BEING TRANSLATED AND MAKING SURE WE MAKE OUTREACH TO OUR LIMITED ENGLISH PROFICIENT COMMUNITIES. >> SHORT ANSWER IS YES. BY ARE STARTING WITH MAKING SURE THAT WE HAVE EXPANDED SPANISH/ENGLISH WORKERS IN OTHER HEALTH AND SOCIAL SERVICE CENTERS BUT WE ARE ALSO TALKING IN THIS PACKAGE WHAT WE NEED TO DO TO HAVE IT TRANSLATED INTO SPANISH, SHORTER ONES THAT REALLY TALK ABOUT THE OUTREACH AND OUR PARTNERS IN EQUITY INCLUSION HAVE BEEN HELPFUL WITH THAT. >> Coun. Davis: THANK YOU. DIRECTOR I WANT TO FOLLOW THAT BRIEFLY AND SAY I THINK COUNCILOR ASKED A QUESTION ABOUT THE PROCESS. I DON'T WANT TO DELAY THIS BUT DO YOU KNOW HOW MUCH MONEY IS AVAILABLE IN THE FUND HAVE YOU ROUGHLY AND, TWO, WHAT IS THE PROCESS FOR INDIVIDUAL TO APPLY FOR THOSE FUNDS? IN OTHER WORDS WHAT PROOF DO THEY HAVE TO BRING, WHAT PROCESS DOES THEY HAVE TO DO IN ORDER TO RECEIVE THOSE AND HOW ARE THE FUND DISTRIBUTED. DO THEY GO TO THE LANDLORD, WRITTEN TO THE INDIVIDUAL. CAN YOU TALK US THROUGH HOW SOMEONE WOULD WALK IN THE DOOR AND GET PROCESSED. >> PIERCE: HAPPY TO GIVE AS MUCH OF AN ANSWER ASCII. I CANNOT TELL YOU HOW MUCH MONEY IS IN THAT. WE HAVE MULTIPLE POTS. SOME OF IT IS HUD, SOME IS CARES AND NOW THERE IS THIS CARES LEGISLATION THAT WE ARE LOOKING AT TONIGHT. WE ALSO RECEIVE SOME ONE ALBUQUERQUE FUNDS TO REALLY HELP WITH EVICTION. PART OF THE IMPORTANCE OF THE DIFFERENT FUNDING IS HUD MONEY OFTEN COMES WITH SOME STRINGS AND REQUIREMENTS SUCH AS W9 AND YOU HAVE TO BE EMPLOYED. THAT CAN BE A BARRIER FOR SOME MEMBERS. SO, THAT IS WHAT WAS GREAT ABOUT GETTING THE ONE ALBUQUERQUE FUNDS. THAT IS WHAT CAN BE GREAT ABOUT SOME OF THESE OTHER CARES ACT DOLLARS. THERE ARE DIFFERENT REQUIREMENTS. WHEN SOMEBODY COMES INTO A HEALTH AND SOCIAL SERVICE CENTER WHAT OUR STAFF DOES IS ASSESS WHAT IS BEST SOURCE OF FUNDING. IF THEY DON'T HAVE THE REQUIRED W9, THEN, THERE IS SOME OTHER MECHANISM OF FUNDING. IF THEY ARE -- IF EVICTION PREVENTION MONEY THAT CHECK GOES TO THE LANDLORD TO PAY THAT BACK RENT IF THAT IS WHAT IS NEEDED. I CAN CERTAINLY, THERE ARE PEOPLE ON OUR TEAM THAT ARE MUCH MORE KNOWLEDGEABLE AND ELOQUENT THAN I AM AND WE COULD INCLUDE THEM IN ANOTHER DISCUSSION. >> Coun. Davis: THAT WOULD BE GREAT. I KNOW MYSELF AND AT LEAST ANOTHER COUNCILOR HAVE BEEN WORKING WITH THE COUNTY ABOUT A COORDINATED EVICTION PREVENTION PROGRAM THERE AND USING SIMILAR FUNDS TO SUPPORT FOR LANDLORDS TO APPLY. IN OTHER WORDS BEFORE THEY EVICT SOMEONE OR FILE PAPERWORK HOW THEY CAN COME FORWARD IN BLOCK GRANT AND BRING PAPER WORK FORWARD FOR DIFFERENT FOLKS. I WOULD LOVE TO EXPLORE THAT AND SEE IF WE CAN INTEGRATE THAT PROGRAM, MERGING CITY AND COUNTY FUNDS WORKING WITH LIKE APARTMENT OWNERS AND LANDLORDS EARLY TO PREVENT FILING FOR EVICTION. THAT WOULD BE A GREAT WAY TO SUPPLEMENT THIS AND USE THE SERVICE CENTERS AND COORDINATED DOLLARS. I MAYBE WE COULD FOLLOW-UP ON THAT. IT WOULD BE GREAT TO DO AND IF THERE IS A NEED FOR MORE MONEY WE HAVE AN OPPORTUNITY TO JOIN WITH THE COUNTY TO DO THAT. THE THANK YOU FORGETTING THIS STARTED. I HOPE WE CAN SUPPLEMENT THIS DOWN THE ROAD. >> Coun. Borrego: THANK YOU MR. PRESIDENT. I DON'T WANT TO BELABOR THE DISCUSSION. I THINK WE HAVE GOTTEN A LOT OF GREAT INFORMATION FROM DIRECTOR PIERCE BUT I DO HAVE A COUPLE OF QUESTIONS JUST TO HELP ME UNDERSTAND A COUPLE MORE POINTS. DURING THIS TIME OF COVID-19 THERE IS NOT ANY SPECIAL I GUESS WILL EXCEPTIONS FOR IN THE EVICTION PROCESS THAT FOLLOWS A STANDARD EVICTION PROCESS. IS THAT CORRECT? >> PIERCE: WELL, YES ALTHOUGH REMEMBER THERE WAS A FEDERAL MORATORIUM. THAT IS PART OF THE RISING CONCERN WITH THAT THAT SUNSETTING. SO, THAT PAUSE ACTION IN THE HEAT OF THE PANDEMIC, BUT RIGHT NOW THERE IS REALLY NOTHING IN PLACE. THERE MAY BE SOME STATE LEGISLATION BUT I CAN'T REALLY SPEAK TO WHAT THE STATE HAS IN PLACE AT THE MOMENT. >> Coun. Borrego: I HOPE IF YOU CAN ANSWER MORE QUESTIONS WHEN DO YOU THAT PRESENTATION THAT WOULD REALLY BE HELPFUL AND KNOWING AND ALSO THIS IS DEFINITELY A SMALL AMOUNT AND I HOPE THAT WE AS A COUNCIL LOOK IN THE FUTURE TO MAYBE SUPPLEMENTING THIS AMOUNT. THANK YOU. >> Coun. Davis: I THOUGHT I HEARD YOU TRYING TO JUMP IN. >> NAIR: MIKE IS STILL HERE, I AM ONE OF THE LAST ONES STANDING. I WANTED TO CLARIFY THE STATE SUPREME COURT ENTERED A STAY ON ALL 14 CLOSURE FOR NONPAYMENT PROCEEDINGS. THAT REMAINS IN PLACE FOR THE DURATION OF THE PUBLIC HEALTH EMERGENCY. THAT IS STILL IN PLACE AT STATE LEVEL BUT THERE ARE A LOT OF NUANCES TO THAT. >> Coun. Davis: NO OTHER DISCUSSION BACK TO THE SPONSOR TO CLOSE. THEN WE'LL HAVE ONE OTHER ITEM. WE HAVE ONE OTHER ITEM. >> Coun. Pena: THANK YOU. IF I WOULD HAVE KNOWN THERE WOULD HAVE BEEN THIS MUCH ENTHUSIASM I WOULD HAVE DEFINITELY PUT A HIGHER AMOUNT ON THAT. I APPRECIATE EVERYBODY'S DESIRE TO MOVE THIS FORWARD. I THINK IT IS IMPORTANT. IT IS IN THE RESOLUTION. IT TALKS ABOUT HERE IN ALBUQUERQUE, YOU KNOW, WE ARE REALLY HAVING A HARD TIME AND OUR FAMILIES ARE FEELING STRESS AND BURDEN AND IT IS AFFECTING EVEN THEIR FAMILY MEMBERS, THEIR YOUNG CHILDREN, YOU KNOW, HOME INSECURITY, SO, I APPRECIATE EVERYBODY'S HELP. I WANT TO REALLY THANK DIRECTOR PIERCE. THANK YOU FOR WORKING WITH NANCY. SHE IS THE ONE THAT WANTED TO PUSH THIS FORWARD. SHE WAS REALLY PASSIONATE ABOUT IT. SHE IS HEARING FROM CONSTITUENTS ABOUT BURDEN THEY HAVE TO FACE AND SHE REALLY HELPED PUT THIS TOGETHER SO, THANK YOU NANCY, WHEREVER YOU ARE OUT THERE. I AM TRYING TO HURRY COUNCILOR GIBSON. I URGE YOUR SUPPORT. IT IS IMPORTANT STUFF. >> Coun. Davis: THANK YOU. >> Councilor Bassan: YES. >> Coun. Borrego: YES. >> Coun. Benton: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> PASSES UNANIMOUSLY. >> WE ARE GOING TO GO BACK TO ITEM F. WE SKIPPED R-82, COUNCILOR HAIR'S BILL MAKING FUNDING IN CONNECTION WITH JUAN TABO HILLS ESTATE OF PID RESOLUTION. THE SPONSOR IS NOT HERE TO PRESENT IT AND WE WEREN'T SURE IF THIS WAS SOMETHING THAT WAS TIMELY. AFTER CHECKING WITH MEMBERS OF THE BOARD IT APPEARS IT IS. I AM GOING TO PINCH HIT AND JUST SAY I WILL SPONSOR OR MAKE A MOTION TO APPROVE R-82 ON BEHALF OF COUNCILOR HARRIS. THANK YOU COUNCILOR BORREGO. WILL THIS DOES AUTHORIZE ISSUANCE OF SERIES 2020 BONDS IN PRINCIPAL AMOUNT OF 8.6 MILLION AND MS. YARA CAN ANSWER ANY QUESTIONS. I MOVE THE FLOOR SUB IN YOUR I PADS I AM SURE. IF I HAVE A SECOND. >> Coun. Borrego: SECOND. >> ANY DISCUSSION ON THE FLOOR SUB THAT IS AVAILABLE. WOULD YOU TAKE THE ROLL CALL. >> Councilor Bassan: YES. >> Coun. Benton: NO. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> SO MUCH-1 ON THE FLOOR SUB. >> Coun. Davis: THANK YOU. MR. PADILLA TELLS ME WE DO HAVE BOND COUNSEL AVAILABLE. I SEE SOMEONE PEEKING AROUND THE CORNER. IF BOND COUNSEL HAS COMMENT. WE DON'T HAVE SPONSOR TO PRESENT. IF BOND COUNSEL OR ADMINISTRATION WANTS TO MAKE COMMENTS. >> MR. PRESIDENT AND COUNCILORS I AM CITY'S BOND COUNSEL. I AM HAPPY TO GIVE A BRIEF OVERVIEW OF WHAT ACTION IS BEING TAKEN OR THE PID OR STAND FOR QUESTIONS WHATEVER IS YOUR PREFERENCE. >> Coun. Davis: I'LL DEFER TO THE COUNCILORS. I KNOW THEY HAVE HAD AN OPPORTUNITY TO REVIEW IT AND WE DO HAVE STAFF WRITE-UP. >> Coun. Sena: EVERYONE IS NOT GOING TO LIKE THIS BUT CAN YOU DO A VERY QUICK OVERVIEW BECAUSE WE DON'T HAVE THE SPONSOR HERE. I DO KNOW THAT WE DO HAVE THE WRITE-UP BUT TO HEAR FOR THE PUBLIC BECAUSE I KNOW SOME OF THEM ARE STILL WATCHING. JUST A QUICK RUN THROUGH OF IT, IF YOU COULD, THANK YOU. >> HAPPY TO. THE RESOLUTION BEFORE YOU RIGHT NOW WOULD APPROVE ISSUANCE BY THE JUAN TABO HILLS ESTATES PUBLIC IMPROVEMENT DISTRICT OF SPECIAL LEVERY REVENUE BONDS. IT IS REQUIREMENT UNDER THE POLICY THAT THE CITY COUNCIL APPROVE ISSUANCE OF ANY PID BONDS BEFORE ISSUED BY THE CITY. BY WAY OF BACKGROUND CITY FORMED THIS PARTICULAR PID IN 2017 AND THE PID HAS BEEN PARTIALLY DEVELOPED, DEVELOPMENT IS ONGOING. I SHOULD MENTION THIS IS LOCATED IN SOUTHEAST PART OF THE CITY BASICALLY AT THE VERY MOST SOUTHERN END OF JUAN TABO. IT IS ADJACENT TO ANOTHER PID FORMED BY THE CITY THAT IS ISSUE BONDS THAT IS VOLTERA. A SIMILAR DEVELOPMENT TO THAT. THE BOARD HAS ADOPTED A RESOLUTION AUTHORIZING ISSUANCE OF THESE BONDS BACK IN MAY. IT ADOPTED ANOTHER RESOLUTION THIS AFTERNOON IN FACT AMENDING THAT RESOLUTION. THE BONDS ARE EXPECTED TO BE PLACED WITH NEW MEXICO FINANCE AUTHORITY. THE FINANCE AUTHORITY BOARD APPROVED THEIR PURCHASE OF THE BONDS IN MAY. CITY COMMITTEE APPROVED THIS ISSUANCE ON AUGUST 5 AND THIS RESOLUTION WAS INTRODUCED ON AUGUST 3. IT IS ANTICIPATED THAT CLOSING WILL OCCUR ON SEPTEMBER 18. THE BONDS FOR THIS PID AND FOR ANY PID ARE PAYABLE SOLELY FROM SPECIAL LEVIES IMPOSED ON PROPERTIES WITHIN THE PID. SO, THESE BONDS DO NOT OBLIGATE ANY CITY FUNDS IN ANY WAY. EXPECTED TERM IS 29 YEARS. THE WITH THAT I AM HAPPY TO ANSWER ANY QUESTIONS. >> Coun. Davis: ANY FOLLOW-UP? COUNCILORRING SEEING NO OTHER DISCUSSION, WE'LL CALL THE ROLL FOR FINAL MATTER. >> Councilor Bassan: YES, THANK YOU FOR STAYING FOR THIS VERY LONG MEETINGS FOR THAT PRESENTATION. >> Coun. Benton: YES. >> Coun. Borrego: YES. >> Coun. Gibson: YES. >> Coun. Jones: YES. >> Coun. Pena: YES. >> Coun. Sena: YES. >> Coun. Davis: YES. >> PASSES UNANIMOUSLY AS SUBSTITUTED. >> Coun. Davis: THANK YOU FOR ADMINISTRATION AND TO THE PUBLIC FOR STICKING WITH US. THIS WAS A BIG MEETING WITH LOTS OF MOVING PIECES. HOPEFULLY WE CAN GET BACK TO REGULAR ORDER AS WE GET COMMITTEES IN AND HAVE SHORTER MEETINGS. THERE BE NOTHING OTHER BUSINESS, THIS MEETING IS ADJOURNED. (MEETING ADJOURNED AT 9:37:00 P.M.)