>>COUN. BORREGO: I'M COUNCILOR BORREGO. WE HAVE ALL OF THE COUNCILORS PRESENT EXCEPT COUNCILOR HARRIS WHO IS EXCUSED TODAY. COUNCILOR BENTON WILL BE JOINING US VERY SOON. HE'S STUCK IN TRAFFIC. HE SHOULD BE JOINING US AT ANY TIME. WITH THAT, COUNCILORS, I'LL OPEN THE MEETING WITH A MOMENT OF SILENCE. I'D LIKE TO DEDICATE OUR MOMENT OF SILENCE TO DR. JOE VALLEZ WHO WAS A COMMUNITY ADVOCATE AND COMMUNITY CHAMPION FOR THE WEST SIDE AND ALL AREAS OF THE CITY, WHO PASSED UNFORTUNATELY THIS WEEKEND. I THINK MOST OF US KNEW AND LOVED HIM. AFTER A MOMENT OF SILENCE I WOULD LIKE TO READ A FEW WORDS ON HIS BEHALF. IF YOU'LL TAKE A MOMENT AND JOIN ME IN THAT MOMENT OF SILENCE. THANK YOU, COUNCILORS. I'D LIKE TO READ THIS POEM WRITTEN BY JOHN MARK GREEN. IF YOU WILL BEAR WITH ME. WORDS SEEM SO FEEBAL IN MOMENTS LIKE THIS. LIFE IS SO PRECIOUS AND DEATH SUCH A THIEF. THE DEPTHS OF THE PAIN I CANNOT COMPREHEND. LOVE IS A BOND THAT DEATH CANNOT PART, GONE FROM YOUR ARMS BUT STILL IN OUR HEART. WITH THAT, I WILL LIKE TO OPEN THE FLOOR RIGHT NOW TO ANY COUNCILORS THAT WOULD LIKE TO SAY A FEW WORDS FOR OUR FRIEND DR. JOE VALLEZ. COUNCILOR SENA. >>COUN. SENA: THANK YOU, MADAM PRESIDENT, MANY OF YOU KNOW DR. JOE WAS NOT JUST A CONSTITUENT BUT ALSO A NEIGHBOR. HE LIVED DOWN THE ROAD FROM ME. AND SOMETIMES I LOVED IT, AND SOMETIMES AND HATED IT. WE ALL SAW HIM AT COUNCIL MEETINGS AND THAT'S WHY HE WAS TRULY A GREAT FRIEND. HE'D CALL YOU OUT IF HE KNEW IT WAS DUE. AND HE WOULD GIVE YOU PRAISE WHEN HE KNEW YOU HAD YOUR HEART FOR THE COMMUNITY. HE WAS GREAT NEIGHBOR AND COMMUNITY ADVOCATE AND NEIGHBORHOOD VOICE TO LEAD THE WEST SIDE. I KNOW THAT NOT JUST IN HIS DENTAL PRACTICE BUT JUST THE TIME HE GAVE TO COMMUNITY WAS GREAT FOR THE COMMUNITY. I WANT TO THANK HIS FAMILY FOR REALLY HAVING US AS EXTENDED FAMILY BECAUSE OF HOW MUCH TIME HE GAVE TO THE COMMUNITY. AND MY HEART GOES OUT TO JOE-JOE AND DOMINGO AND HIS GRANDSON. I KNOW THEY'RE IN A STATE OF GRIEF AND MOURNING AND OUR HEARTS AND PRAYERS ARE WITH THEM. THANK YOU, COUNCILOR SENA. COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, COUNCILOR BORREGO. I'M GRIEF-STRICKEN IN TERMS OF THE LOSS OF DR. JOE. HE'S BEEN A STELLAR COMMUNITY LEADER ON THE WEST SIDE SINCE I CAN REMEMBER. I CALLED HIM MY FRIEND AND ALLY, MY NEMESIS, AND AS PRESIDENT OF THE WEST SIDE COALITION WE DIDN'T ALWAYS AGREE ON EVERYTHING. AT THE END OF THE DAY WE STILL CALLED EACH OTHER TO TALK ABOUT ISSUES IMPORTANT TO THE WEST SIDE. WE WILL BE MISSED. THE IMPACT HE MADE WILL NOT SOON BE FORGOTTEN. I DON'T KNOW IF PEOPLE KNOW, BUT THROUGH HIS DENTISTRY, I CAN'T REMEMBER THE NAME OF IT, HE DID DENTAL CARE. HE WAS DOING IT EVERY YEAR. JUST PROVIDING DENTAL CARE TO PEOPLE IN NEED. JUST WANT TO SAY HE'S GOING TO BE MISSED AND THE WEST SIDE HAS A TREMENDOUS VOID. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA. ANY OTHER COUNCILORS? I'VE KNOWN HIM FOR PROBABLY ABOUT 30 YEARS. I WOULD LIKE TO SAY THAT I DID SPEAK WITH HIS WIFE ON SUNDAY, SHE CALLED ME. THERE'S, AS COUNCILOR PEÑA MENTIONED, GOING TO BE A HUGE VOID. I REMEMBER DR. JOE, AS WE REFERRED TO HIM, BACK IN THE 90s WHEN HE COULD COME TO THE PLANNING DEPARTMENT AND GIVE THE COMMISSION AND PLANNING DIRECTORS AND STAFF A HARD TIME ON DIFFERENT ISSUES THROUGHOUT THE CITY. MORE RECENTLY, HE WAS WORKING WITH US ON THE WEST SIDE AS PART OF THE COALITION. YOU KNOW, HE ALWAYS HAD SOMETHING TO SAY, BUT HE DID IT WITH A SENSE OF GRACE. OUR CONDOLENCES GO OUT TO HIM AND HIS FAMILY AND TO THE COMMUNITY. WE WILL LEAVE -- HE WILL LEAVE HIS BUILDING BLOCKS BEHIND, BUT HE WILL ALSO LEAVE A HUGE VOID. THANK YOU, COUNCILORS FOR BEARING WITH ME ON THAT. WE WILL MISS HIM. WE'LL MOVE ON TO OUR PLEDGE OF ALLEGIANCE TO COUNCILOR JONES. COUNCILOR JONES, ARE YOU THERE? IN ENGLISH. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. >>ALL: I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. >>COUN. BORREGO: THANK YOU, COUNCILOR JONES. WE'LL GO ON TO COUNCILOR PEÑA FOR SPANISH. >>COUN. PEÑA: I'M TRYING TO GET ON. I'M SORRY I LOST EVERYONE. I APOLOGIZE FOR THAT. [ RECITING THE PLEDGE IN SPANISH ]. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA. I WOULD LIKE TO READ A FEW WORDS INTO THE RECORD FOR THE PUBLIC ON YOUR BEHALF. AS WAS NOTED IN THE PRESS RELEASE FROM OUR OFFICE ON FRIDAY, POSTED ON OUR WEBSITE, AND NOTED ON THE PUBLISHED CITY COUNCIL AGENDA THIS MEETING HAS SPECIAL PROCEDURES AND IS BEING HELD VIA ZOOM VIDEO CONFERENCE. MEMBERS OF THE PUBLIC CITY STAFF AND MEDIA HAVE THE ABILITY TO VIEW THIS MEETING LIVE THROUGH FOUR DIFFERENT PLATFORMS. GOVTV ON COMCAST CHANNEL 16 AND GOVTV WEBSITE AND YOUTUBE AND ZOOM WEBINAR. THEY CAN BE ACCESSED FROM MOST SMART PHONES, TABLETS OR COMPUTERS. THIS MEETING IS CLOSED CAPTIONED AND YOU MAY ENABLE THE CLOSED CAPTIONING SERVICES ON YOUR TELEVISION DEVICE AT THIS TIME. FOR THOSE WATCHING ON THE LIVE STREAM, THANK YOU FOR JOINING US THIS EVENING. THE VIDEO RECORDING OF THIS AND ALL PAST COUNCIL MEETINGS WOULD BE AVAILABLE FOR VIEWING AT ANY TIME ON THE CITY COUNCIL WEBSITE. COUNCIL STAFF IS AVAILABLE VIA TELEPHONE IF MEMBERS OF THE PUBLIC NEED ASSISTANCE FINDING THE VIDEOS ONLINE. PLEASE CALL 768-3100 FOR ASSISTANCE DURING BUSINESS HOURS MONDAY THROUGH FRIDAY 8 A.M. TO 5 P.M. THE COUNCIL IS ACCEPTING LIVE PUBLIC COMMENT AND WRITTEN COMMENTS. WRITTEN COMMENTS RECEIVED BY 1 P.M. TODAY WERE DISTRIBUTED TO ALL CITY COUNCIL IN ADVANCE OF TODAY'S MEETING. WITH THAT, WE'LL MOVE TO OUR FIRST ORDER OF BUSINESS. BEFORE I DO THAT, I'M BEING TOLD I NEED TO MAKE A QUICK ANNOUNCEMENT. COMCAST CHANNEL 16 IS NOT FUNCTIONING PROPERLY. COMCAST IS IN THE PROCESS OF FIXING IT. CHANNEL 16 WILL BE BACK UP AS SOON AS POSSIBLE. PLEASE BEAR WITH US. THANK YOU. WITH THAT, COUNCILORS, I'M GOING TO MOVE ON TO OUR PROCLAMATION AND PRESENTATION. WE BEGIN TODAY'S PROCLAMATION WITH RECOGNIZING HISPANIC HERITAGE MONTH. TODAY WITH US WE HAVE OUR CHAIR OF THE HISPANIC HERITAGE COMMITTEE. AND THE CO-CHAIR WHO WILL ACCEPT THE PROCLAMATION. WITH THAT, I'LL BEGIN. THAT IS COUNCILOR PEÑA AND MYSELF. WHEREAS NATIONAL HISPANIC HAIRTEN MONTH IS A TIME TO CELEBRATE THE HERITAGE AND CULTURE OF HISPANIC AND LATIN-AMERICANS. AND WHEREAS AS THE CITY OF ALBUQUERQUE RECOGNIZES THE IMPORTANCE OF HISPANIC AND LATIN-AMERICANS AND THE CONTRIBUTIONS THEY HAVE MADE TO OUR COUNTRY BY ENHANCING AND SHAPING OUR NATIONAL CHARACTER WITH CENTURIES OLD TRADITIONS THAT REFLECT THE MULTI-ETHNIC AND CUSTOMS OF THEIR COMMUNITIES. AND WHEREAS AS OF TODAY 57.5 MILLION PEOPLE OR 18% OF THE ENTIRE AMERICAN POPULATION ARE OF HISPANIC OR LATINO. AND THE PARTICIPATION HAS BEEN VITAL FOR THE GROWTH OF AMERICA WITH HISPANICS REPRESENTING THE DRIVING FORCES OF ECONOMIC SUCCESS FOR MILLIONS OF PEOPLE PROVIDING FOR BOTH IN AND OUT OF THE UNITED STATES. COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU WHEREAS NATIONAL HISPANIC HERITAGE MONTHS RECOGNIZES AMERICAN CITIZENS WHOSE ANCESTORS ORIGINATED FROM REGIONS. IT STARTED AS 1968 AS HISPANIC HERITAGE WEEK AND IN 1988 IT WAS EXPANDED BY RONALD REAGAN, TO A 30-DAY STARTING ON SEPTEMBER 15th AND ENDING OCTOBER 15th AND WHEREAS THE STATE OF NEW MEXICO AND CITY OF ALBUQUERQUE ONE ALBUQUERQUE INITIATIVE HAS ESTABLISHED MULTIPLE EVENTS CELEBRATING THE MONTH. AND WHEREAS THIS IS AN IMPORTANT TIME TO COME TOGETHER TO RECOGNIZE THE HISPANIC AND LATIN-AMERICANS AND THE RICH SENSE OF CULTURE THEY BRING TO THE UNITED STATES. BE IT PROCLAIMED THE GOVERNING CITY OF ALBUQUERQUE COUNCIL PROCLAIMS ALBUQUERQUE'S NATIONAL HISPANIC HERITAGE MONTH. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA. WOULD YOU LIKE TO RECOGNIZE OUR GUESTS? >>COUN. PEÑA: ABSOLUTELY. JUST SPENT A WONDERFUL MORNING LISTENING TO LOTS OF LOCAL LEADERS AND COMMUNITY LEADERS THAT GIVEN THEIR TIME TO DEDICATE TO THIS ONE PARTICULAR MONTH. IT TAKES A FULL YEAR OF PLANNING AND COMMITTEE MEETINGS TO GET THIS TOGETHER. I JUST WANT TO CONGRATULATE THIS YEAR'S LEADERSHIP. YOU DID A GREAT JOB TODAY AND I LOOK FORWARD TO ALL THE EVENTS. I'M EXCITED TO SEE HOW THE COMMUNITY IS COMING TOGETHER. AND THE THEME FOR HISPANIC HERITAGE MONTH IS HOPE. SOMEBODY SAID AT THE MEETING TODAY WITH THE HISPANIC AND MEXICAN AND ALL WHATEVER YOU IDENTIFY AS WE WERE THE ONES OFTENTIMES THE MOST HIT BY COVID IN TERMS OF ESSENTIAL WORKERS AND LOSS OF FAMILIES AND FRIENDS. THE HOPE IS WE COME TOGETHER AND MAKE SURE THE UNITED STATES A MORE WONDERFUL PLACE FOR OURSELVES AND FAMILIES MOVING FORWARD. I THINK THERE'S THE RIGHT LEADERS AT THE TABLE. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA. I'M GOING TO TURN IT OVER TO OUR CHAIR, AND CO-CHAIRS. ORLANDO AND ALYSSA. >> THANK YOU, CITY COUNCIL. ON BEHALF OF THE NEW MEXICO HISPANIC HERITAGE COMMITTEE, THANK YOU. THANK YOU FOR A WONDERFUL MORNING. AS COUNCILOR PEÑA HAD MENTIONED EARLIER, THE NATIONAL THEME IS HOPE. HOPE FOR BETTER THINGS. WE AS A COMMUNITY, NOT JUST HISPANIC COMMUNITY, BUT IN THE ALBUQUERQUE COMMUNITY HAVE GONE THROUGH A LOT. WE'RE HOPEFUL FOR BETTER THINGS TO COME. THAT CAN'T HAPPEN WHAT TREMENDOUS LEADERSHIP. AND SELFLESS ACTS OF GIVING BACK TO THE COMMUNITY. I COMMEND YOU, CITY COUNCIL, MEMBERS THAT ARE ON THIS ZOOM AND WE THANK YOU FOR WHAT YOU DO. WE'RE ALL IN THIS TOGETHER, WHATEVER YOU IDENTIFY AS. WE'RE IN THIS TOGETHER. AND WE HAVE HOPE FOR MUCH BETTER THINGS TO COME. WE HAVE TO STAND UNITED IN DOING SO. THANK YOU SO FRUCH FOR -- SO MUCH FOR RECOGNIZING THE COMMITTEE. WE'RE GRATEFUL FOR THE SUPPORT OVER THE YEARS. WE'RE LOOKING FORWARD TO CONTINUED ENDEAVORS AND FUTURE PROJECTS WHERE WE CAN WORK TOGETHER TO EXPAND THE COMMITTEE IN THE EFFORTS TO HELP THE DIFFERENT CAUSES. I'LL YIELD TIME TO OUR VICE-CHAIR. THANK YOU. >>COUN. BORREGO: YOU NEED TO TURN YOUR VOLUME ON. WE CAN'T HEAR YOU. I'M SORRY, WE'RE NOT HEARING YOU MADAM. WELL, WITH THAT, WE WILL TURN THE PROCLAMATION OVER TO YOU AND I BELIEVE WE DID THAT THIS MORNING. FOR THOSE OF YOU THAT DON'T KNOW, THIS MORNING THERE WAS A CELEBRATION OF THE BEGINNING OF THIS HISPANIC HERITAGE MONTH. IT WAS CELEBRATED IN OLD TOWN WITH WONDERFUL SPEAKERS AND ENTERTAINMENT. IT WAS REALLY A BEAUTIFUL EVENT. I HOPE THAT THROUGHOUT THE TIME PEOPLE WILL BE ABLE TO JOIN US IN THE FUTURE FOR FUTURE EVENTS. THANK YOU FOR JOINING US TODAY. >> THANK YOU, MADAM PRESIDENT, THANK YOU MEMBERS OF CITY COUNCIL AND ATTENDING THIS ZOOM MEETING. WE'RE GRATEFUL. THANK YOU. >>COUN. BORREGO: COUNCILOR SENA, DID YOU HAVE YOUR HAND UP? NO? OKAY. WE'LL GO TO COUNCILOR SENA. COUNCILOR SENA, YOU HAVE A PROCLAMATION RECOGNIZING CHILDHOOD AND BLOOD CANCER AWARENESS MONTH. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I'M GOING TO READ THIS PROCLAMATION AND I KNOW THAT WE HAVE OUR AFR CHIEF AND DOCTORS AND COMMANDER FROM APD TO RECEIVE THIS PROCLAMATION. I'LL START WITH THE PROCLAMATION. WHEREAS THE MONTH OF SEPTEMBER IS A TIME TO SHED LIGHT ON THE REALITIES OF CHILDHOOD CANCER AND BLOOD CANCER TO MAKE A DIFFERENCE WITH THOSE DIAGNOSED WITH CANCER. AND WHEREAS IT LEADS IN DEATH AND DISEASE FOR CHILDREN. AND WHEREAS APPROXIMATELY ONE IN 285 CHILDREN IN THE U.S. WILL BE DIAGNOSED WITH CANCER BEFORE THEIR 20th BIRTH DAY AND APPROXIMATELY 40,000 CHILDREN ARE ACTIVE TREATMENT IN THE U.S. AT ANY GIVEN TIME. WHEREAS SOME CHILDREN WITH CANCER IN THE U.S. WILL NOT SURVIVE AND WHEREAS APPROXIMATELY ONE HALF OF CHILDHOOD CANCER FAMILIES HAVE ASSOCIATED FINANCIAL OUT OF POCKET EXPENSES AND WHEREAS IN THE LAST 20 YEARS ONLY FOUR NEW DRUGS HAVE BEEN APPROVED BY THE FDA TO TREAT CHILDHOOD CANCER AND WHEREAS APPROXIMATELY EVERY THREE MINUTES SOMEONE IN THE U.S. WILL BE DIAGNOSED WITH A TYPE OF BLOOD CANCER AND APPROXIMATELY EVERY NINE MINUTES A BLOOD CANCER PATIENT DAYS. WHEREAS ACCORDING TO THE LEUKEMIA SOCIETY, NEW BLOOD CANCER ISACHY ACCOUNTING FOR 10% OF NEW CANCER CASES IN 2020. WHEREAS EVERY YEAR NEARLY 14,000 PEOPLE ARE SEARCHING FOR BONE MARROW DONORS. 65% OF THE LATINO PATIENTS CANNOT FIND A DONOR. 60% OF ASIAN AMERICANS CANNOT FIND A DONOR. AND 75% OF AFRICAN-AMERICANS CANNOT FIND A DONOR. HALF OF THOSE SEARCHING FOR BONE MARROW DONOR WILL PASS AWAY. AND WHEREAS THE U.S. HAS MADE GREAT STRIDES IN ADVANCES IN RESEARCH AND TREATMENT FOR ALL CHILDHOOD CANCERS. AND WHEREAS THE FIVE YEAR SURVIVAL RATE FOR LEUKEMIA HAS QUADRUPLED. AND INCREASED TO NEARLY 54%. WHEREAS RESEARCHERS AND INNOVATION IN MIDICAL TREATMENT CONTINUE TO EVALUATE THE ROOT CAUSES STRIVING FOR A WORLD FREE OF BLOOD CANCER AND A WORLD WHERE NO CHILD EXPERIENCES CANCER. AND NATIONAL ORGANIZATIONS AT THE LOCAL LEVEL INCLUDING THE AMERICAN CANCER SOCIETY ARE HELPING CHILDREN WITH CANCER AND THEIR FAMILIES NAVIGATE THE CHANCER JOURNEY. TOO MANY FAMILIES ARE AFFECTED BY THIS DEADLY DISEASE AND MORE WITH US BE DONE TO RAISE AWARENESS. BE IT PROCLAIMED THAT THE COUNCIL OF THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE RECOGNIZES SEPTEMBER AS CHILDHOOD AND BLOOD CANCER AWARENESS MONTH AND JOINS THE EFFORTS TO RAISE AWARENESS TO GET THE WORLD FREE OF CANCER. WE HAVE THE COMMANDER FROM APD, AND CHIEF GALLEGOS. >> COUNCILOR BORREGO. >>COUN. BORREGO: GOOD AFTERNOON. >> GOOD AFTERNOON, COUNCILOR BORREGO. COUNCILOR SENA, THANK YOU FOR SO MUCH FOR HELPING US RAISE AWARENESS FOR CHILDHOOD CANCER AND BLOOD CANCER. THIS IS A FIGHT THAT WE CONTINUE TO HAVE AND MORE AWARENESS THAT WE HAVE AMONG THE ENTIRE COMMUNITY IS SOMETHING THAT IS ONLY GOING TO HELP US RAISE AWARENESS SO WE CAN CONTINUE THE EFFORTS TO FIND A CURE. I WANT THANK THE DOCTOR FOR ALL OF HER HARD WORK AND TEAMING UP WITH US TO CONTINUE THIS BATTLE FOR KID AND EVERYBODY STRUGGLING WITH THIS HORRIBLE DISEASE ACROSS THE WORLD. I ALSO WANT TO THANK MY TWO LIEUTENANTS AND OUR OFFICE THAT CONTINUES TO RAISE AWARENESS BY DESIGNING THE SHIRTS THAT WE HAVE SOLD OUT OF WITHIN THE FIRST WEEK. I ALSO LIKE TO THANK YOU SO MUCH FOR HELPING US. AND I WOULD LIKE TO THANK APD COMMANDER FOR PARTICIPATING. WE STRIVE TO GET MORE AND MORE DEPARTMENTS WITH THE CITY OF ALBUQUERQUE INVOLVED IN BRINGING AWARENESS TO THIS GREAT CAUSE. I'LL TURN IT OVER TO COMMANDER TO SAY A FEW WORDS >>COUN. BORREGO: WFR YOU BEGIN, COULD YOU INTRODUCE THEM? >> LIEUTENANT TOM IS OUR PIO OFFICE. AND THEY HAVE BEEN INVOLVED IN THIS EFFORT FOR THE LAST THREE YEARS SINCE WE STARTED IN 2019. AND IN 2020 WE RAISED $12,000 SELLING SHIRTS AND DONATED IT. THIS YEAR WE WILL RAISE ANOTHER $5,000. >>COUN. BORREGO: THANK YOU, CHIEF. WITH THAT, WE'LL GO OVER TO THE COMMANDER. WELCOME. >> THANK YOU FOR HAVING US TODAY. I WANT TO SAY THANK YOU TO AFR FOR INCLUDING APD WITH THIS INITIATIVE. OFTEN WE GET WE'RE BLINDED BY OUR CRIME INITIATIVES AND OUR WAR ON CRIME BUT WE'RE ABLE TO SEE THE CAUSES AND EFFECTS THE COMMUNITY GOES THROUGH WITH AUTISM AND CANCER AND IT'S GREAT TO GIVE BACK TO THE COMMUNITY IN THAT SENSE. A BIG THANK YOU TO EVERYBODY. APPRECIATE IT. >>COUN. BORREGO: THANK YOU, COMMANDER. WITH THAT, I THINK WE'RE GOING TO MOVE TO DR. WYATT. >> THANK YOU, COUNCILOR BORREGO. I'M ONE OF THE PEDIATRIC ONCOLOGISTS AT THE UNIVERSITY OF NEW MEXICO. I WANT TO THANK THE CITY OF ALBUQUERQUE CITY COUNCIL. YOU HAVE BEEN CLABERATING WITH US ON AND GIVING US THIS PROCLAMATION FOR ALMOST FIVE YEARS. NORMALLY WE HAVE THE PATIENT HERE TO RECEIVE THE PROCLAMATION, UNFORTUNATELY BECAUSE OF THE PANDEMIC AND EVERYTHING BEING SHUT WE DON'T HAVE A PATIENT HERE TO RECEIVE IT. I ALSO WANT TO THANK ALBUQUERQUE FIRE AND RESCUE AND HIS TEAM. THEY WERE THE ONE THAT CALLED ME. THEY HAVE BEEN WORKING WITH US FOR THREE YEARS. I'M WEARING ONE OF THE SHIRTS THAT COUNCILOR SENA JUST SHOWED. THEY'VE BEEN DOING BUTTONS AND ALL KINDS OF STUFF EVERY YEAR AND THEY RAISE THOUSANDS OF DOLLARS THAT THEY GAVE TO THE DEPARTMENT AND DIVISION OF ONCOLOGY. THAT MONEY GOES TO HELP WITH PATIENTS AND FAMILIES IN REAL-TIME. THEY'RE PHENOMENAL IN THE COLLABORATION. WE GOT TO MEET THE TEAM AND BRING THEM ON BOARD. AND ALL OF YOU THANK YOU, FOR BRINGING ALBUQUERQUE POLICE DEPARTMENT ON BOARD. WELCOME, COMMANDER ROGER. I'M SORRY IF I'M SAYING YOUR NAME WRONG. WE'RE HAPPY TO HAVE YOUR ON BOARD TO RAISE AWARENESS ON CHILDHOOD CANCER ACROSS THE STATE. MOST OF THE ADVANCEMENT THAT COUNCILOR SENA JUST SAID WOULD NOT BE POSSIBLE WITHOUT THE PARTICIPATION OF CHILDREN WITH CANCER AND THEIR FAMILIES WHO SIGNED UP TO PARTICIPATE IN CLINICAL TRIALS HERE AT UNM. WE'RE PART OF THE CHILDREN'S ONCOLOGY GROUP THIS ORGANIZATION IS RESPONSIBLE FOR THESE ADVANCES IN CHILDHOOD CANCER THAT WE READ ABOUT. THAT'S PART OF THE UNM CANCER CENTER WE TREAT OUR PATIENTS ON CLINICAL TRIALS SO THEY STAY CLOSE TO HOME. ONCE THE DIAGNOSES IS MADE, THE TREATMENT IS THE SAME ACROSS THE UNITED STATES. MORE THAN 300 PEOPLE PARTICIPATED. MAKING IT POSSIBLE FOR THESE CHILDREN TO STAY CLOSE TO HOME FOR TREATMENT FOR UP TO THREE YEARS. AND THEY WON'T HAVE TO TRAVEL OUT OF STATE THAT THEY GET THE SAME TREATMENT. THOSE 300 HOSPITALS SPREAD ACROSS THE WORLD. CANADA AUSTRALIA ENGLAND. THEY PARTICIPATE IN CHILDREN'S CANCER TIME PROVE THE CARE. UNM IS PART OF THE TEAM. OR GOAL IS TO CONTINUE TO RAISE AWARENESS. THANK YOU SO MUCH. WE APPRECIATE ALL OF YOUR HELP. >>COUN. SENA: THANK YOU SO MUCH. I KNOW MANY OF US KNOW THAT I'VE BEEN A CANCER PATIENT FOR THE LAST TEN YEARS. STILL UNDERGOING CHEMO THERAPY. WHY THIS HAS SUCH A BIG PLACE IN MY HEART ASIDE FROM HAVING CANCER MYSELF IS JUST KNOWING THAT THE PROCESS AND THE TREATMENT THAT I GO THROUGH IS NOT SOMETHING I WISH UPON ANYONE, ESPECIALLY KIDS. I KNOW THAT THE EFFORTS ARE ONGOING BETWEEN FIRE AND POLICE TO REALLY RAISE THAT AWARENESS AND FUND RAISE. I ALSO WANTED TO RAISE EVERYONE'S AWARENESS OF HOW EASY IT IS TO JOIN AND BECOME A POTENTIAL MATCH AS A BONE MARROW DONOR. IT'S REALLY JUST A SWAB. I KNOW MANY OF US HAVE KNOWN SWABS THROUGH COVID GOING THROUGH OUR NOSES FOR COVID TESTS. THIS SWAB OF THE CHEEK CAN PUT YOU INTO THE REGISTRY TO BECOME A POTENTIAL BONE MARROW DONOR. HAVING GONE THROUGH A BONE MARROW TRANSPLANT MYSELF IT WAS A VERY EASY PROCESS WHERE I COLLECTED IT IN A WAY I DESCRIBE IT AS SIMILAR TO DIALYSIS. IT GOES INTO YOUR ARM AND SEPARATES THE STEM CELLS AND THE BLOOD GOES BACK AND THE STEM CELLS ARE GIVEN TO THE RECIPIENT. I KNOW WE HAVE MANY MEMBERS WITHIN THE COMMUNITY THAT ARE STILL SEEKING A BONE MARROW DONOR. I ENCOURAGE EVERYBODY, ANYONE BETWEEN THE AGES OF 18 TO 45 TO SIGN UP. I KNOW WE'LL PARTNER WITH FIRE AND APD TO DO DONOR DRIVES. 18-45 PLEASE SIGN UP. YOU CAN SIGN UP VIRTUALLY. AND WE'LL SHARE MORE INFORMATION IN THAT WAY. JUST THANK YOU SO MUCH. ESPECIALLY TO THE DOCTOR FOR YOUR EFFORTS IN SAVING OUR KIDS EVERY DAY AT THE HOSPITAL. THANK YOU. >> CAN I JUST ANSWER FOR WHAT YOU SAID. HERE IN NEW MEXICO, WE HAVE A MAJOR POPULATION OF NATIVE-AMERICANS AND HISPANICS. THAT USUALLY GIVES A RARE POSITION TO REPRESENT THIS ETHNICITY THROUGH CLINICAL TRIALS, WHICH IS RARE. WE TAKE IT AS AN OPPORTUNITY TO DO THAT. WHEN IT COMES TO BONE MARROW TRANSPLANT, YOU HAVE A CHANCE OF FINDING A DONOR AT ONE OUT OF FOUR. AND YOU GET LESS THAN THAT AS IT GOES THROUGH OTHER ETHNICITY. IF YOU'RE HISPANIC IT'S FIVE, IT'S NEARLY DIFFICULT FOR AFRICAN-AMERICANS. IF YOU CAN DONATE TO THE NATIONAL BONE MARROW TRANSPLANT REGISTRY, THAT'S AN IMPORTANT THING TO DO. ESPECIALLY IN NEW MEXICO WHERE YOU HAVE THESE ETHNICITIES REPRESENTING HIGHER NUMBERS. >>COUN. BORREGO: THANK YOU. THANK YOU FOR BRINGING THIS FORWARD. THANK YOU TO THE FIRE DEPARTMENT AND THE CHIEF AND TO OUR COMMANDER AND APD. AND COUNCILOR SENA, YOU AND I SPECIFICALLY ARE CANCER SURVIVORS. I'M REALLY DELIGHTED THAT YOU WERE ABLE TO BRING THIS FORWARD TO US AND RECOGNIZE THERE'S A LOT OF PEOPLE THAT NEED HELP AND CANCER IS NONDISCRIMEINATORY. IT AFFECTS ALL LEVEL AND POPULATIONS AND PEOPLE AT EVERY ECONOMIC LEVEL. THANK YOU FOR THAT. WITH THAT, WE WILL MOVE ON TO OUR NEXT ORDER OF BUSINESS WHICH THE PRESENTATION FROM JEFF HURTZ REGARDING COMMUNITY POLICING AND THE LOW RIDER SUPER SHOW. THIS IS SPONSORED BY COUNCILOR PEÑA. GOOD AFTERNOON, JEFF. >> GOOD AFTERNOON, COUNCILOR. THANK YOU. I'LL BE VERY BRIEF. I AM JUST ANNOUNCING THE NATIONAL COMMUNITY POLICING CONFERENCE THAT WAS HELD A COUPLE OF WEEKENDS AGO. THIS WAS LED BY COUNCILOR PEÑA'S OFFICE. ON AUGUST 19th AND 20th OF THIS YEAR THE NATIONAL COMMUNITY POLICING CONFERENCE CONVENED AND THE MAIN GOAL OF THE CONFERENCE WAS CREATING A VEHICLE-BASED COMMUNITY POLICING MODEL. AND DOING THAT IN COLLABORATION WITH THE VARIETY OF MUNICIPALITIES WORKING TO BRIDGE THE GAP BETWEEN LOCAL LOW-RIDER COMMUNITY AND LAW ENFORCEMENT AGENCIES AND THE COMMUNITY AT LARGE. THIS CONFERENCE WE HAD ATTENDEES THAT ACKNOWLEDGED THAT THERE IS A GAP THAT SOMETIMES EXISTS BETWEEN COMMUNITY NEEDS AND LAW ENFORCEMENT. AS MUCH OF THIS PROJECT IS ABOUT THE FINAL PRODUCT OF APD LOW RIDER POLICE VEHICLE, AT ITS CORE THIS PROGRAM IS REALLY ABOUT BUILDING RELATIONSHIPS AND DEVELOPING TRUST BETWEEN LAW ENFORCEMENT AND THE COMMUNITIES THAT THEY'RE SERVING. DURING THIS CONFERENCE WE HAD CITIES PARTICIPATING FROM ARIZONA, KANSAS, AND NATIONAL CITY CALIFORNIA. WE ALSO HAD PARTICIPANTS FROM THE CRUISING TASK FORCE IN ALBUQUERQUE AS WELL AS THE ALBUQUERQUE DEA OFFICE. WE ALSO HAD COMMISSIONER QUEZADA IN ATTENDANCE AND COUNCILOR SENA WAS ABLE ALSO ABLE TO DROP IN. WE APPRECIATE HER BEING THERE. THE CONFERENCE WAS SPEAR-HEADED BY COUNCILOR PEÑA AND APD'S SOUTHWEST PROBLEM RESPONSE TEAM THAT WORKED ON THE LOW RIDER POLICE VEHICLE. THE CONFERENCE WAS HELD DURING THE SAME WEEKEND AS THE LOW RIDER SUPER SHOW. COUNCILOR PEÑA INTENDS TO HAVE THIS CONFERENCE ON AN ANNUAL BASIS IN ORDER TO CONTINUE BUILD NETWORK OF MUNICIPALITIES THAT WE HEAR CALLS FROM IN RESPONSE TO THIS PARTICULAR PROGRAM. AS PART OF THAT WE'RE ALSO TRYING TO LAUNCH A VIRTUAL FORUM WHERE DIFFERENT PARTICIPATING MUNICIPALITIES CAN SHOWCASE THEIR WORK AND PROGRAM. AND ALSO RECEIVE FEEDBACK ON HOW TO GROW THEIR PROGRAM. I'M CURRENTLY IN THE PROCESS WITH THE COUNCIL STAFF WORKING ON THE REPORT OF THE OUTCOMES OF THE CONFERENCE WHICH WE PLAN TO SHARE WITH THE PARTICIPATING MUNICIPALITIES AS WELL AS WITH THE COUNCIL AND RELEVANT CITY DEPARTMENTS. AS PART OF THIS AS WELL AS THE PACKAGING, COUNCILOR PEÑA RECENTLY REQUESTED FOR FISCAL IMPACT ANALYSIS TO BE CONDUCTED AND IN DOING SO CAPTURE THE TRUE ECONOMIC IMPACT OF THE LOW RIDER SUPER SHOW. THAT REPORT IS STILL IN THE PROCESS OF BEING CREATED. WE DID HEAR FROM A LOCAL PRODUCTION COMPANY WHO HELPED COORDINATE THE EVENT. WE HEARD A NEW NUMBERS FROM THEM. I'LL GO THROUGH A FEW OF THESE. THE LOW RIDER SUPER SHOW BROUGHT OUT 400 LOW RIDERS. 40 VENDORS THAT SOLD A VARIETY OF MERCHANDISE. AND EXHIBITORS AND SPECTATORS FROM ALL ACROSS THE COUNTRY CAME OUT. FROM CALIFORNIA, OKLAHOMA, TEXAS NEVADA ARIZONA COLORADO AND BEYOND. IT HAD A HUGE DRAW. WE'LL BE SURE TO GET YOU SOME OF THE NUMBERS ON THE ECONOMIC IMPACT OF THAT EVENT WHEN THE TIME COMES. I'M HERE TO ANSWER ANY OTHER QUESTIONS YOU MIGHT HAVE IN REGARD TO THE CONFERENCE. WE'LL BE SURE TO HAVE THAT REPORT READY AND DELIVERED TO YOU WHEN THE TIME COMES. >>COUN. BORREGO: THANK YOU. COUNCILOR PEÑA, DID YOU WANT TO SAY ANYTHING? >>COUN. PEÑA: YES, THANK YOU, MADAM PRESIDENT. FIRST OF ALL, DURING THE CONFERENCE WE HAD AN UNFORTUNATE TURN OF EVENTS. SOME OF THE THINGS WE HAD TO MAKE ADJUSTMENTS AND SOME OF THE COUNCILORS RECEIVED NOTICE OF SOME OF THE ADJUSTMENTS THAT HAD TO BE MADE. UNFORTUNATELY THAT'S WHEN THE OFFICERS HAD BEEN SHOT ON THAT THURSDAY. IT TWISTED THINGS AROUND. AND UNFORTUNATELY I HAD GOTTEN FOOD POISONING. I WANT TO THANK COUNCILOR SENA FOR FILLING IN FOR ME ON THE LAST DAY OF THE CONFERENCE THAT I WAS ILL. I APPRECIATE HER BEING THERE AND THE FEEDBACK WAS VERY POSITIVE. ONE THING I WANT TO ADD IS THAT THIS IS REALLY, TALKING ABOUT THE PEOPLE WHO ATTENDED, WHEN YOU LOOKED AT THE CARS PARTICIPATING AND PEOPLE FROM THERE THEY WERE FROM THROUGHOUT THE COUNTRY. AS FAR EAST AS NEW JERSEY AND LOCAL, TEXAS, UTAH, IT WAS AMAZING. IT WAS AN AMAZING EVENT. AND FROM WHAT WE KNOW AND WE'RE GOING TO GET THE IMPACT ANALYSIS IS THAT THE HOTELS WERE SOLD OUT. THE SUPER SHOW WAS SOLD OUT. PEOPLE COULDN'T GET IN. PEOPLE WERE FRUSTRATED BECAUSE THEY WERE TRYING TO GET IN AND COULDN'T. JUST TO REALLY EMPHASIZE THIS COMMUNITY POLICING MODEL, PEOPLE TEND TO FOCUS ON THE CAR AND AS JEFF MENTIONED IT'S NOT ABOUT THE CARS BUT THE RELATIONSHIP BUILDING. ONE OF THE THINGS WE DID IS WE WENT OUT AND BROUGHT THE APD CAR OUT. IT WAS SO AMAZING. WE WENT FOR A CRUISE DOWN CENTRAL AND WE PARKED AT A PARKING LOT. IT WAS SO INTERESTING THAT WE HAD THE TWO APD CARS THERE AND THE POLICE OFFICERS AND THE FEEDBACK WE RECEIVED SAID YOU WOULD NEVER SEE IF YOU HAD TWO POLICE CARS PULLED OVER, YOU WOULD NEVER SEE WHAT WE SEE THAT DAY. ALL OF A SUDDEN PEOPLE FROM THE COMMUNITY JUST CAME AND PARKED. THEY SEEN THE CARS AND ENGAGED WITH THE OFFICERS. THEY REACHED OUT AND TOOK PICTURES AND THE OFFICERS TALKED WITH THEM. THEY TOOK PICTURES WITH THEM. IT WAS JUST REALLY -- WHEN WE TALK ABOUT BRIDGING THE GAP BETWEEN COMMUNITIES OF COLOR AND THE LAW ENFORCEMENT, IT WAS JUST SUCH A WONDERFUL DAY. THAT REALLY SAID VOLUMES ABOUT HOW THIS WORKS TO BUILD OUR COMMUNITY POLICING. AND THE ONE LAST THING I WANTED TO SAY IS NATIONAL CITY HAS A CRUISING ORDINANCE ON THE BOOKS. AND THEY REACHED OUT TO SEE IF ALBUQUERQUE CITY COUNCIL WOULD SUBMIT A LETTER AND TESTIFY ON BEHALF OF REPEELING THEIR ORDINANCE IN NATIONAL CITY, CALIFORNIA. I DEFER BACK TO YOU, COUNCILOR BORREGO. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA. DO I HAVE ANY QUESTIONS FROM ANY OF THE COUNCILORS? I DON'T SEE ANY QUESTIONS. I WANT TO MAKE A COMMENT, COUNCILOR PEÑA. COUNCILOR SENA, GO AHEAD. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I'LL BE BRIEF, I JUST WANTED TO MENTION I WAS VERY GLAD TO HAVE BEEN THERE TO MEET THE OFFICERS. JUST APPRECIATE THEM COMING IN AND SHARING THE COMMUNITY EFFORTS AND WHERE IT CAME FROM. STANDING BY OUR APD LOW RIDER CAR AT THE SUPER SHOW REALLY STANDING THERE TO HEAR THE COMMENTS AS PEOPLE WALKED BY. IT WAS ENGAGING. WE DID HAVE QUESTIONS AND FINDING OUT IT WAS BUILT BY COMMUNITY. EXPERIENCING THAT WAS REALLY GREAT AND TO ALSO SEE THE OFFICERS THERE SHARING AND SHOWING WHAT THEY GOT TO DO FOR OUR COMMUNITY. AND SHARING STRATEGIES AS TO HOW WE CAN DO BETTER IN TERMS OF COMMUNITY POLICING. I REALLY WANT TO THANK COUNCILOR PEÑA FOR THAT. AND OUR PRD TEAM AND OUR VISITING OFFICERS FROM AROUND THE NATION. >>COUN. PEÑA: IF I CAN ADD BEFORE YOU FINALIZE IT. EVEN THE DEA IS SO INTERESTED IN THIS. THEY'RE LOOKING AT PROVIDING THE CITY OF ALBUQUERQUE A GRANT IN THE AMOUNT OF $25,000, CORRECT ME IF I'M WRONG, SO WE CAN EXPAND THIS PROGRAM. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA. I'M SORRY I WANT ABLE TO JOIN YOU THAT WEEKEND. I HAD QUITE A BIT ON HIGH CALENDAR. I WANT TO SAY THIS PROGRAM IS REALLY SOUNDING SUCCESSFUL. WHEN YOU HAVE PEOPLE THAT FEEL LIKE THEY'RE MARGINALIZED, HAVING THAT OUTREACH BETWEEN THESE LOW-RIDER GROUP AND THE POLICE IS REALLY A PHENOMENAL FEAT. AND DO HAVE THE NATIONAL CONFERENCE AND OUR MOTEL INDUSTRY SOLD OUT IS PRETTY PHENOMENAL FEAT. THE ONLY THING I DIDN'T HEAR IS THERE WAS NO LOW RIDERS FROM ESPANOLA. MAYBE IN THE FUTURE WE'LL INVITE THEM. THANK YOU, COUNCILOR PEÑA FOR THAT. WE'RE GOING TO MOVE ON TO ECONOMIC DEVELOPMENT DISCUSSION, TONIGHT WE HAVE NONE. WITH THAT, WE'RE GOING TO MOVE TO PUBLIC COMMENT. BEFORE WE DO, I'D LIKE TO READ SOME INFORMATION INTO THE RECORD. THANK YOU FOR JOINING US THIS EVENING TO PROVIDE LIVE PUBLIC COMMENT. WE HAVE ALSO RECEIVED WRITTEN COMMENTS THAT WERE DISTRIBUTED TO THE COUNCILORS IN ADVANCE OF TODAY'S MEETING. MEMBERS OF THE PUBLIC WILL BE ABLE TO DISCUSS THE COUNCIL IF THEY SIGNED UP FOR LIVE PUBLIC COMMENT PER THE INSTRUCTIONS PUBLISHED ON THE AGENDA AND ON THE WEBSITE ON FRIDAY. SPEAKERS WILL BE MOVED INTO THE MEETING ROOM TWO AT A TIME. MR. MOYA WILL HELP US WITH THAT. IT WILL REMAIN MUTED WITH YOUR CAMERA OFF UNTIL THEY'RE CALLED UPON TO SPEAK. AT WHICH POINT THEY CAN TURN ON THEIR CAM RAW, UNMUTE THEM ITSELF AND HAVE ONE AND A HALF MINUTES TO PROVIDE COMMENTS. THEY WILL AGAIN BE MUTED AND BE AN ATTENDEE OF THE ZOOM WEBINAR. HERE ARE THE GROUND RULES. EACH PARTICIPANT HAS ONE AND A HALF MINUTES TO PRESENT. COMMENTS ARE TO BE ADDRESSED TO THE COUNCILORS ONLY THROUGH THE COUNCIL PRESIDENT. ANY DISRUPTIVE CONDUCT RILL RESULT IN REMOVAL FROM THE WEBINAR. WE'LL START WITH OUR FIRST SPEAKER. >> OUR FIRST SPEAKER IS DAVID. PLEASE GO AHEAD UNMUTE YOURSELF AND YOUR ONE AND A HALF MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> THANK YOU VERY MUCH, MADAM PRESIDENT, AND MEMBERS OF THE COUNCIL. I'M DAVID, I'M A BIOLOGIST AND MEMBER OF THE TECHNICAL ADVISORY GROUP CHARGED WITH GUIDING THE DEVELOPMENT OF THE RESOURCE MANAGEMENT PLAN FOR THE CANDELARIA NATURE PRESERVE. THE RESOURCE MANAGEMENT PLAN ESTABLISHES PRIMARY PURPOSE OF THE PROPERTY OF THE WILDLIFE PRESERVE. TO ACHIEVE THIS PURPOSE IT IS IMPORTANT TO MINIMIZE DISTURBING ACTIVITIES WITHIN THE PRESERVE. THE 1.3 ASPHALT PAD CONSTRUCTED BY THE CITY WITHOUT PROPER REGULATORY APPROVALS IN 2016. WILE AGREEING TO REMOVE IT DURING THE DELIBERATIONS WITH THE GROUP, THE CITY HAS REVERSED ITS POSITION AND PROPOSED LANGUAGE IN THE PLAN THAT ALLOWS THE ASPHALT PAD TO REMAIN EVEN THOUGH ALTERNATIVES EXIST. I STAND IN SUPPORT OF COUNCILOR BENTON'S COMPROMISE LANGUAGE IN AMENDMENT ONE WHICH ALLOWS FOR THE USE OF THE PAD IN SUPPORT OF HABITAT RESTORATION ACTIVITIES FOR 12 YEARS. I RESPECTFULLY REQUEST YOUR SUPPORT ON COUNCILOR BENTON'S AMENDMENTS AND YOUR VOTE TO APPROVE THE CANDELARIA NATURE PRESERVE MANAGEMENT PLAN. THANK YOU FOR THE OPPORTUNITY TO SPEAK. >>COUN. BORREGO: THANK YOU, MR. PARSONS. ANY QUESTIONS? WE WILL MOVE ON. COUNCILOR BENTON, THANK YOU. I DIDN'T SEE YOU JOINED US. >>COUN. BENTON: SORRY, I WAS STUCK ON I-40. I DON'T KNOW WHAT WAS GOING ON. MR. PARSONS, I BELIEVE THAT MEMBERS OF THE TECHNICAL ADVISORY GROUP THAT YOU'RE A MEMBER OF WERE TOLD ON MORE THAN ONE OCCASION BY OPEN SPACE STAFF THAT THE ASPHALT PARKING AREA WOULD BE REMOVED. IS THAT CORRECT? >> YES, COUNCILOR BENTON, MADAM PRESIDENT. THE MINUTES REFLECT. I KNOW FOR CERTAIN ONE INCIDENT RECORDED IN THE MINUTES WHERE THE REPRESENTATIVE OF THE OPEN SPACE DIVISION AGREED WITH THE ADVISORY THAT THE PAD WOULD BE REMOVED. >>COUN. BENTON: I KNOW THERE'S CONFUSION THAT YOU COULD CLARIFY TO EVERYONE. THE ASPHALT PAD IS NOT POURED ASPHALT. IT'S RECYCLED ASPHALT THAT IS GROUND UP THAT THE CITY WILL PUT IN ALLEYS AND PLACES LIKE THAT. IT WAS PLACED THERE AND IT'S A FAIRLY LARGE AREA. THERE WAS SOME CONFUSION THAT THE CONCERN WAS THAT THIS MATERIAL WOULD BUT CONTAM INDEPENDENTS INTO THE WATER AND SOIL. THE DEPARTMENT LOOKED INTO THAT RECENTLY AND CONCLUDED THAT WOULD NOT BE THE PROBLEM. IT'S MORE THAN THAT, IT'S THE IDEA THAT A BIG AREA LIKE THAT IS AN INVITATION FOR PARKING AND MACHINERY AND ACTIVITIES THAT SHOULD BE MINIMIZED IN A NATURE FACILITY. QUESTION FOR YOU, MR. PARSONS. >> YOUR INFORMATION IS ACCURATE. THEY PLACED FOR THE PURPOSE OF THE FARMER OF THE TIME TO STORE CROP AND EQUIPMENT. IT'S A RELIEF TO KNOW THE TOXESTY IS -- IS LOW OR NON-EXISTENT. THAT PAD IS OUT IN THE MIDDLE, SEVEN OF THE 16 FIELDS OF THE PROPERTY HAVE A BOUNDARY JOINING ON THAT PAD. THE IMPACT COULD REACH OUT TO NEARLY A THIRD OR MORE OF THE AREA OF HUMAN ACTIVITY ON THE PAD. >>COUN. BENTON: I WANT TO CLARIFY THAT. I THINK WE HAVE IT STRAIGHT FINALLY. WE KEEP AMENDING OUR AMENDMENT. I THINK WE'RE FINALLY CLEAR ABOUT WHAT THE INTENT IS, WHICH IS FIRST OF ALL YOU WANT TO MINIMIZE TRAFFIC AND PARKING AND CARS STARTING AND STOPPING AND LEAKING OIL OR WHATEVER THEY'RE DOING. AND OVER TIME, THE EXPECTATION IS WE ELIMINATE THAT ACTIVITY. ONCE THE FIELDS ARE RESTORED THERE WOULD BE MAINTENANCE ACTIVITY AND WE'RE ACKNOWLEDGING THAT. THANKS FOR YOUR SERVICE ON THIS AND FOR YOUR ONGOING SUPPORT FOR THE NATURE PRESERVE. >>COUN. BORREGO: THANK YOU. >> OUR NEXT SPEAKER IS SHIRLEY. FEEL FREE TO UNMUTE YOURSELF. >> THANK YOU, MADAM PRESIDENT, COUNCILORS. I'M SHELLE BARKER, I'M A MEMBER OF THE NEW MEXICO SOCIETY OF ENROLLED AGENTS. I'M HERE IN SUPPORT OF AN AMENDMENT THAT IS GOING TO BE PRESENTED TO YOU ABOUT THE TAX PREPARE ORDINANCE. THE AMENDMENT IS NOW GOING TO EXCLUDE ENROLLED AGENTS AS WELL AS CPAs AND ATTORNEYS. THANK YOU. THE AMENDMENT IS GOING TO ACKNOWLEDGE THAT ALL THREE CREDENTIALS DESERVE THE FEDERAL TREATMENT. AND THAT AMENDMENT IS DOING A BETTER JOB DESCRIBING THE BANK PRODUCTS AND THE RIGHTS OF THE TAXPAYER, THE CONSUMER, AND THE RESPONSIBILITIES AND DUTIES OF THE TAX PREPARERER. THANK YOU. BACK IN FEBRUARY OF 2021 THE ORIGINAL TAX PREPARER ORDINANCE WAS PRESENTED TO YOU AND VOTED ON. IT HAD VERY LITTLE INPUT FROM THE TAX COMMUNITY. I WANT TO THANK THE CITY ATTORNEY OFFICE AND THE POLICY DIVISION AND THE CONSUMER ADVOCATE SERVICES FOR WHEN THAT PUSH-BACK STARTED TO COME THEY LISTENED TO US AND HAD MEETINGS WITH NOT ONLY THE NEW MEXICO SOCIETY OF ENROLLED AGENTS BUT A LOT OF OTHER ORGANIZATIONS AND THEY TOOK THE ADVICE AND THE SUGGESTION THAT CAME FLOODING IN, I'M SURE, I SPEAK IN FAVOR OF THE AMENDMENT. I DON'T THINK YOU VOTE ON IT TODAY. BUT YOU WILL LEARN ABOUT IT. THANK YOU VERY MUCH. . >>COUN. BORREGO: THANK YOU, MADAM. COUNCILOR GIBSON. >>COUN. GIBSON: THANK YOU, MADAM PRESIDENT. I JUST WANTED TO THANK OUR PUBLIC SPEAKER FOR APPEARING TODAY. I JUST WENT THROUGH THAT AMENDMENT THIS AFTERNOON PRETTY QUICKLY. HOWEVER, I DID NOT SEE THAT IT EXEMPTED ENROLLED AGENTS. >> YES, MA'AM, IT SURE DOES. AT LEAST THE ONE THAT THE ATTORNEY OFFICE SENT ME. >>COUN. GIBSON: I'M REALLY GLAD WE'RE ABLE TO DO THAT. I THINK THIS LEGISLATION REALLY ATTEMPTS TO PROTECT PEOPLE. I DID INCOME TAXES FOR NINE YEARS. I UNDERSTAND PEOPLE COME IN AND THEIR EYES GLAZE OVER. WHILE I THINK MOST PEOPLE REALLY TRY TO DO RIGHT BY THEIR CLIENTS, THERE'S CERTAINLY A LOT OF OPPORTUNITY TO TAKE ADVANTAGE OF PEOPLE FINANCIALLY. I APPRECIATE THE INTENT THAT THIS ORIGINAL BILL HAD, BUT I'M REALLY GLAD AND I CONGRATULATE BOTH MS. MEYER AND COUNCILOR DAVIS FOR THIS AMENDMENT. BECAUSE I THINK YOU MADE SOME REALLY GOOD POINTS. THANK YOU. >>COUN. BORREGO: COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. I JUST WANT TO THANK YOU AND EVERYONE ELSE INVOLVED IN THIS WHO EDUCATED US. WHO TOLD US WHAT THINGS NEEDED AND TRY TO MAKE THINGS BETTER TO PROTECT PEOPLE. AND SOMETIMES YOU END UP HARMING THE PEOPLE WHO PROTECT THE PEOPLE. THANK YOU. WE NEVER KNOW THESE THINGS. WE CAN'T KNOW THESE THINGS UNLESS YOU SAY SO. JUST A REMINDER FOR EVERYONE LISTENING, IF YOU SEE THE LEGISLATION IS INAPPROPRIATE OR SOMETHING'S WRONG, GET THOSE PHONES RINGING. TALK TO US. >> THANK YOU, FOR LETTING US AND NOT BEING UPSET WITH US FOR NAGGING AT YOU. >>COUN. JONES: ABSOLUTELY NOT. THANK YOU VERY MUCH. THANK YOU, MADAM PRESIDENT. >>COUN. BORREGO: THANK YOU, COUNCILOR JONES. THANK YOU, MS. BARKER. I DON'T SEE ANY QUESTIONS FOR YOU. THANK YOU FOR BRINGING YOUR INFORMATION FORWARD TO US. IT DOES HELP US. WE'LL MOVE TO OUR NEXT SPEAKER. >> OUR NEXT SPEAKER IS JULIE. PLEASE FEEL FREE TO TURN YOUR VIDEO ON, UNMUTE YOURSELF AND OUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> HELLO, EVERYBODY. THANK YOU SO MUCH FOR HAVING TIME TO LISTEN A CONCERN THAT THE WEST SIDE COMMUNITY HAS WITH REGARD TO THE CIBOLA LOOP BUILDING OF A MULTI-GENERATIONAL HOUSING COMPLEX. I SUBMITTED A LENGTHY PAGE AND A HALF WRITTEN QUESTION AND STATEMENT DOCUMENT EARLIER TODAY THAT I HOPE COUNCILOR BORREGO HAS HAD A CHANCE TO REVIEW. I GUESS THE MAIN QUESTION THAT STEMS FROM THAT DOCUMENT IS WILL THE RESIDENTS OF THE NEIGHBORHOODS SURROUNDING CIBOLA LOOP HAVE AN OPPORTUNITY TO COMMENT ON THE REQUEST FOR PROPOSAL RESPONSES AND WHAT EXACTLY IS GOING TO BE BUILT IN THAT VACANT PIECE OF PROPERTY. HAVE YOU HAD A CHANCE TO SPEAK TO MR. JIRON IN REGARD TO THAT, COUNCILOR BORREGO, IS OUR MAIN CONCERN. >>COUN. BORREGO: THANK YOU, I DID SEE YOUR LETTER TODAY. I DON'T KNOW IF MR. JIRON OR CAROL PIERCE IS ON, BUT I'D LIKE THEM TO BE ON. THERE WAS THREE RFPs RELEASED ON THAT PARTICULAR PROPERTY. THE LATEST RFP INCLUDES SOME SENIOR HOUSING. I THINK THERE WAS MISCOMMUNICATION IN THE COMMUNITY BECAUSE, AND I HEARD THIS THROUGH THE GRAPEVINE, THAT WE WERE PLANNING TO BUILD A HOMELESS SHELTER THERE. THAT IS NOT THE CASE. THERE IS A MASTER PLAN THAT WAS DONE FOR CIBOLA LOOP. THAT WAS DONE ABOUT FIVE YEARS AGO. IT INCLUDES SENIOR AFFORDABLE HOUSING, A POOL, A LIBRARY, AND A MULTI-GENERATIONAL CENTER. I'M HAPPY TO SHARE THAT INFORMATION WITH YOU, IF YOU WOULD LIKE TO SCHEDULE A TIME WITH ME AND WE CAN ACTUALLY TAKE A LOOK AT THE PLAN. IN -- THE HOUSING PIECE IS THE FIRST STEP IN THAT DEVELOPMENT. CURRENTLY, THE CITY OWNS 20 ACRES. THERE'S FIVE ACRES THAT WE STILL NEED TO ACQUIRE WHICH IS THE DRAINAGE PIECE. WE'VE BEEN LOOKING FOR THE FUNDING FOR THAT PARTICULAR PIECE. MS. PIERCE, WOULD YOU LIKE TO ADDRESS THE RFP? THERE HAVE BEEN THREE DIFFERENT RFPs THAT HAVE BEEN RELEASED. I THINK THIS LAST ONE IS THE ONE SHE'S REFERRING TO. >> THANK YOU, COUNCILOR BORREGO. ON THE CIBOLA LOOP, THE PORTION THAT WOULD BE FOR AFFORDABLE HOUSING THAT RFP REQUEST PROPOSAL IS OUT THERE IN THE COMMUNITY. I DON'T KNOW THE RESPONSE TIME FOR THAT. I THINK IT'S SOON IF NOT ALREADY RECEIVED. IT IS FOR SENIOR HOUSING, RENTAL PROPERTY, THAT'S IDENTIFIED IN THE COMMUNITY ON WHAT IS REALLY NEEDED. IT ALSO CAME TO MY ATTENTION THAT THERE'S MISINFORMATION IN THE COMMUNITY ABOUT A HOMELESS SHELTER IN THAT PARTICULAR PROPERTY WHICH IS NOT WHAT THIS RFP IS ABOUT. IT'S ABOUT AFFORDABLE HOUSING WHICH IS AN IMPORTANT NEED IN OUR COMMUNITY FOR SENIORS. THANK YOU, COUNCILOR BORREGO. >>COUN. BORREGO: MS. PIERCE, ONE OF THE QUESTIONS SHE ASKED IS IF THERE IS STILL AN OPPORTUNITY FOR THE PUBLIC TO COMMENT. I THINK THAT COMMENT PERIOD ENDED. >> COUNCILOR BORREGO, I BELIEVE THAT TIMING HAS ENDED. I CAN GET BACK TO HER, COUNCILOR BORREGO, IF YOU SEND ME HER LETTER. WE'LL GET BACK TO YOU AND I'LL GET WITH MR. JIRON TO FIND OUT IF THE COMMENT PERIOD ENDED. I BELIEVE IT ENDED, I DON'T WANT TO SAY FOR SURE. LET ME GET THE EXACT TIME ON THAT. >>COUN. BORREGO: I WILL FORWARD YOUR EMAIL TO MS. PIERCE AND WE CAN SET UP A TIME TO CHAT. YOU CAN ALWAYS CALL MY OFFICE AND SET UP A TIME TO MEET WITH ME. I'D BE HAPPY TO MEET WITH YOU AND SHOW YOU THE ORIGINAL MASTER PLAN. WE CAN DISCUSS THE OTHER TWO RFPs AND WHY THOSE WERE NOT ACCEPTED. >> WHEN YOU SAY THE THREE RFPs RELEASED, YOU'RE TALKING IN TERMS OF THE WHOLE MASTER PLAN, NOT JUST THE MULTI-GENERATIONAL FACILITY? >> POINT OF ORDER. >>COUN. BASSAN: POINT OF ORDER. ARE WE DOING QUESTIONS OF COUNCILORS DURING PUBLIC COMMENT? >>COUN. BORREGO: I'M JUST RESPONDING TO HER QUESTION, COUNCILOR. I AGREE WITH YOU. I THINK IT WOULD BE BETTER FOR US TO HAVE A MEETING WITH HER AND DISCUSS THESE INDIVIDUALLY. JUST TO ANSWER YOUR QUESTION, THERE WERE THREE RFPs FOR THE HOUSING PIECE THAT WENT OUT NOT FOR THE ENTIRE MULTI-GENERATIONAL CENTER. WITH THAT, THANK YOU, COUNCILOR BASSAN. >>COUN. JONES: I HAVE A QUESTION. THANK YOU, MADAM PRESIDENT. I WAS GOING TO ADDRESS THE SAME THING THAT COUNCILOR BASSAN DID. I THINK IT'S BEEN FOR THE 14 YEARS, THIS IS A TWO MINUTE COMMENT PERIOD FOR THE PUBLIC. I'M SORRY, MS. RAEL, I THINK YOU'RE CAUGHT IN THE MIDDLE OF IT. THIS IS THE THING YOU NEED TAKE UP WITH THE COUNCILOR AND STAFF ON THE TIME THAT IS NOT AT THE BEGINNING OF A MEETING THAT HAS AN AGENDA. MADAM PRESIDENT -- >>COUN. BORREGO: I THINK THE COUNCIL PRESIDENT CAN ADDRESS QUESTIONS. AND ALL COUNCILORS HAVE ADDRESSED QUESTIONS IN THE PAST IF WE SO CHOOSE. I UNDERSTAND THE POINT OF ORDER BUT I ALSO BELIEVE THAT I WOULD LIKE TO PROVIDE AS MUCH INFORMATION TO MS. RAEL AS POSSIBLE. I THINK THAT WE HAVE MET THAT OBLIGATION. >>COUN. JONES: MADAM PRESIDENT, I THANK YOU FOR YOUR OPINION I MAY HAVE MINE TOO, I BELIEVE. IF WE'RE GOING TO ENTER INTO DISCUSSIONS AND DEBATE ABOUT ISSUES THIS SHOULD BE DONE AS AN AGENDA ITEM SO ALL PEOPLE WHO HAVE AN INTEREST IN THIS, AND I'M CONFIDENT SHE IS NOT THE ONLY ONE INTERESTED IN THIS, THAT MAY SEE THAT AS AN AGENDA ITEM AND PARTICIPATE IN THIS DISCUSSION. AGAIN, MADAM PRESIDENT, I REALIZE YOU HAVE EXTRAORDINARY POWERS AS PRESIDENT THIS YEAR, BUT I DO BELIEVE THERE ARE PRECEDENTS PRIOR TO YOUR BEING PRESIDENT I WOULD LIKE SEE OUR MEETINGS UNDER CONTROL AGAIN. >>COUN. BORREGO: COUNCILOR JONES, THANK YOU FOR YOUR OPINION. >>COUN. JONES: IF I MAY. I BELIEVE IT'S INAPPROPRIATE TO HAVE MEETINGS -- THANK YOU, MADAM PRESIDENT. >>COUN. BORREGO: MS. RAEL, I'M SORRY FOR THAT. IF YOU COULD CONTACT MY OFFICE, WE CAN SET UP A TIME TO MEET. I'D BE HAPPY TO HAVE MS. PIERCE THERE AS WELL. I JUST WANTED TO MENTION THAT PREVIOUS CONVERSATION WE JUST HAD WITH CANDELARIA CENTER WE HAD A DISCUSSION ABOUT AND COUNCILOR BENTON WAS HAPPY TO ADDRESS THAT. I THINK EACH COUNCILOR DOES HAVE THAT OPTION. AS THE COUNCIL PRESIDENT, I AM GOING TO EXERCISE MY AUTHORITY ON THAT. THANK YOU VERY MUCH. >>COUN. BENTON: POINT OF ORDER. THE PERSON WITH WHOM -- >>COUN. BORREGO: COUNCILOR BENTON, I DID NOT RECOGNIZE YOU. COUNCILOR BENTON, I HAVEN'T RECOGNIZED YOU YET. >>COUN. BENTON: MADAM PRESIDENT, I'M MAKING A POINT OF ORDER. YOU MUST RECOGNIZE. >>COUN. BORREGO: GO AHEAD. >>COUN. BENTON: YOU MUST RECOGNIZE A POINT OF ORDER, FYI. THE PERSON WITH WHOM I WAS SPOKE SPEAKING IT WAS A MEMBER OF THE TECHNICAL ADVISORY GROUP IN A BILL BEFORE US THIS EVENING. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON. WE'LL MOVE ON TO OUR NEXT SPEAKER. >> NEXT SPEAKER IS PEGGY. YOU ARE READY TO GO. OUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> THANK YOU, I MADE IT BACK JUST IN TIME. I ASK YOU TO VOTE FOR THE RESOURCE PLAN FOR CANDELARIA NATURE PRESERVE. A FEW CONCERNS, WE MET FIVE YEARS AGO TO DISCUSS HERBICIDE USE, NO PLANTINGS, ASPHALT BEING LAID DOWN, NO FARMING CONTRACT. THIS PLAN EVOLVED AND IS IN THE FOREFRONT TO ADDRESS SPECIES LOSS, CLIMATE CHANGE AND DROUGHT, NO HERBICIDE USE AND NATIVE HABITATS. I HOPE TO FIND THE FINANCIAL SUPPORT TO ACCOMPLISH THIS SOONER RATHER THAN LATER. I THANK SENATOR O'NEAL AND REPRESENTATIVE ARMSTRONG. OTHERS TO THANK, COUNCILOR BENTON FOR HIS CONTINUED INVOLVEMENT AND COMMITMENT TO THE VISION. MICHAEL JENSON WHO IS INSTRUMENTAL IN STARTING THIS PROCESS DURING WHICH THEY ADOPTED A VISION OF MOSAIC OF HABITAT AND DIVERSITY OF SPECIES. BRIAN HAD ANSON. THE TWO AMENDMENTS CLARIFY PARKING, ASPHALT PAD REMOVAL AND THE PROCESS TO PROVIDE NOTIFICATION OF HERBICIDES USED. OUR ORIGINAL MODEL WAS BASED ON THE CONSERVATION AREA WITH NO HERBICIDE USAGE. I ALSO SUPPORT DAVE PARSONS DETAILED WRITTEN COMMENTS REGARDING THE ASPHALT PAD. THANK YOU FOR YOUR TIME AND SUPPORT FOR THIS RESOURCE MANAGEMENT PLAN. >>COUN. BORREGO: THANK YOU, MS. NORTON. ARE THERE ANY QUESTIONS OF COUNCILORS FOR MS. NORTON? APPARENTLY NOT. WE'LL MOVE TO OUR NEXT SPEAKER. >> MADAM PRESIDENT, HAD A COUPLE OTHER PEOPLE SIGNED UP TO SPEAK, THEY HAVE NOT SHOWN UP YET. THAT WILL CONCLUDE PUBLIC COMMENT. >>COUN. BORREGO: THANK YOU, MR. MOYA FOR YOUR GUIDANCE ON THAT. WE'LL MOVE TO ADMINISTRATION QUESTION AND ANSWER. WE MOVE TO COUNCILOR BENTON WITH QUESTIONS FOR DEPARTMENT OF MUNICIPAL DEVELOPMENT. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. I HAVE TWO QUESTIONS. THIS IS FOR TWO DIFFERENT DIVISIONS, I SUPPOSE. THE FIRST ONE IS FOR THE PARKING DIVISION. THE COUNCIL DID PASS A TEMPORARY STAY IN THE APPROVAL OF RESIDENTIAL PARKING PERMITS WHILE A NEW SET OF REQUIREMENTS WAS DEVELOPED THAT RECOGNIZED SOME OF THE NUANCES OF RESIDENTIAL PARKING PERMIT AND THE IDEA THAT IT WOULD NOT JUST BE ANYONE THAT DOESN'T WANT SOMEONE PARKING ON THE STRET IN FRONT OF THEIR HOUSE, BUT RATHER BASED ON THE UNIQUE CIRCUMSTANCES. I WANT TO ASK DMD PARKING DIVISION WHAT ARE -- WHERE ARE YOU WITH YOUR PROPOSED CHANGED TO THE PROGRAM? I BELIEVE OUR DEADLINE FOR THAT VIA THE COUNCIL'S ACTION WAS AROUND OCTOBER. I WANTED TO SEE HOW THAT WAS LOOKING AT THIS POINT AND ARE YOU GOING TO BE ON TARGET FOR PROPOSED CHANGES TO THE PROGRAM? >> MADAM PRESIDENT, COUNCILOR BENTON, LET ME ANSWER THAT QUESTION FOR YOU. WE'RE IN THE FINAL DRAFT OF ANY CHANGES TO THE PARKING CHANGES. >>COUN. BORREGO: IDENTIFY YOURSELF FIRST. >> DIRECTOR FOR THE DEPARTMENT OF MUNICIPAL DEVELOPMENT. TO ADDRESS THAT QUESTION FOR YOU, WE HAVE THE FINAL DRAFT OF ANY OF THE CHANGES THAT SHOULD BE MADE OR WOULD BE MADE. THEY'RE IN FINAL WITH THE LEGAL TEAM. WE'LL HAVE ONE MORE REVIEW OF THE CHANGES AND WE'LL PRESENT THOSE TO MR. RAEL FOR FINAL REVIEW. WE WILL MEET THE DEADLINE IMPOSED BY COUNCIL. >>COUN. BENTON: THANK YOU, DIRECTOR. THE NEXT ONE WAS THE INSTALLATION OF THE NEW SIGNALS FOR LEAD AND COAL AT WALTER. THIS PROJECT HAS BEEN CALLED FOR AND FUNDED FOR LONG BEFORE THIS ADMINISTRATION. I KNOW NOW THAT WE MAY HAVE SOME FISCAL PROBLEMS WITH IT NOW THAT WE'VE WAITED THIS LONG THEY'RE GOING TO COST A LOT MORE. WHAT IS THE STATUS OF THAT? WE'RE TOLD WE WOULD HAVE THESE INSTALLED BY THE END OF THIS YEAR. WHAT'S THE STATUS OF THAT? >> MADAM PRESIDENT, COUNCILOR BENTON, NOT TO DISAPPOINT YOU, BUT I DON'T THINK THEY'RE GOING TO MEET THE YEAR-END DEADLINE. LET ME EXPLAIN WHERE WE'RE AT WITH BOTH OF THE SIGNALS. THESE ARE ADDITIONAL SIGNALS AT WALTED WALTER AND COLE, IT'S A FOUR-WAY SIGNAL INSTALLATION. THE PRICING WHEN WE PUT THOSE OUT FOR CONSIDERATION CAME IN MUCH, MUCH HIGHER THAN EXPECTED. WE WERE QUITE CONCERNED. WE REACHED OUT TO THE STATE UNDER THE STATE PRICING UNIT TO SEE WHAT THE PRICES MIGHT COME IN AT FOR BOTH OF THE SIGNALS. WE SHOULD HAVE THAT INFORMATION BY MID-WEEK NEXT WEEK. WE'RE HOPING BOTH OF THOSE STAY UNDER THE $600,000 THRESHOLD WE IDENTIFIED FOR THOSE. MOST OF THE SIGNALS ARE COMING IN AT ABOUT $800,000 PER SIGNAL ITSELF. WE WILL HAVE A BETTER ANSWER FOR YOU. THE WAIT TIME IS THE CHALLENGE. WE ARE EXPERIENCING WITH SOME OF THE SIGNALS WE'VE ORDERED, ANY FROM 20 TO 24 WEEKS. I WOULD ASK THAT YOU JUST BE PATIENT FOR ANOTHER WEEK OR SO I CAN GET AN EXACT ANSWER. AS SOON AS WE KNOW THE STATE PRICING AGREEMENT, WE'LL HAVE BETTER SENSE OF WHAT WE HAVE AVAILABLE IN FUNDING BECAUSE YOU HAVE A CONSIDERABLE AMOUNT OF MONEY FOR PLAST CLEAN UP BILLS. WITH NEW COSTS WE HAVE TO SEE THE DIFFERENCES AND HOW WE REACH AN AGREEMENT OR HOW THE DEPARTMENT COMES UP WITH WHATEVER THE DIFFERENCE IS. AGAIN, I DON'T WANT TO MISLEAD YOU. WE WILL NOT HAVE THOSE NEAR INSTALLATION BY THE END OF THE YEAR. OUR GOAL IS TO WORK ON THEM AS QUICKLY AS WE CAN AFTER THE FIRST OF THE YEAR. >>COUN. BENTON: I APPRECIATE THAT, MADAM PRESIDENT, MR. DIRECTOR. I APPRECIATE THAT. AND I KNOW YOU'RE TRYING TO GET THIS DONE. EVERYONE RECOGNIZES THE SUPPLY CHAIN PROBLEMS WE HAVE NOW. THIS IS A LONG HAUL FOR THIS PARTICULAR NEIGHBORHOOD. I WAS AT THEIR NEIGHBORHOOD MEETING THE OTHER NIGHT. IT'S REALLY HARD TO KEEP SAYING WE'RE GOING TO GET IT. AND FEELING LIKE AM I LYING OR AM I NOT? IT'S GOING TO HAPPEN SOME DAY AT DOUBLE THE PRICE BECAUSE ALL OF THE TIME IT'S TAKEN. I LOOK FORWARD TO THAT DISCUSSION AND I APPRECIATE IT, DIRECTOR. I'M SORRY FOR WHATEVER REASON I MUST HAVE BEEN THING OF HENRY OR SOMETHING. YOU DON'T LOOK LIKE HIM. >> I DO APPRECIATE THAT. >>COUN. BENTON: ALL RIGHT. >>COUN. BORREGO: COUNCILOR BENTON, ARE YOU DONE? THANK YOU. WE WILL MOVE TO COUNCILOR GIBSON. >>COUN. GIBSON: THANK YOU, MADAM PRESIDENT. I HAVE A FEW QUESTIONS FOR OUR HR DIRECTOR. DIRECTOR ROMERO. I SEE HIS SMILING FACE. DIRECTOR, I'M REALLY HAPPY THAT WE TALKED EARLIER TODAY AND THAT YOU DID HAVE A RESPONSE FOR MY QUESTIONS THAT I SENT BACK ON THE 18th. IT WAS A COUPLE SUBSEQUENT REMINDERS. THIS ALL CAME ABOUT BECAUSE OF MY INTEREST IN THE MANY EMAILS WE'VE BEEN GETTING ABOUT ANIMAL WELFARE. ALTHOUGH, TO BE FAIR, OTHER DEPARTMENTS WISH THEY COULD HIRE PEOPLE AND GET THEM IN PLACE QUICKER. BOTH OF THOSE THINGS ARE TRUE. I REALLY WAS COMPELLED WHY THE ANIMAL WELFARE DEPARTMENT. AND I JUST NOTICED A LITTLE WHILE AGO THAT YOU DID SEND THE ANSWERS TO THE THREE OR FOUR QUESTIONS I HAD AT 1:30 THIS AFTERNOON. THANK YOU FOR THAT. I THINK THAT WENT OUT TO ALL COUNCILORS. I HAVEN'T HAD A CHANCE TO READ THEM YET. >> I'M SORRY TO INTERRUPT YOU. IT ONLY WENT TO YOU. I CAN SEND THEM TO ALL THE COUNCILORS IF YOU WANT ME TO. >>COUN. GIBSON: OKAY, THAT WOULD BE GREAT. >> I'LL DO THAT RIGHT AWAY. >>COUN. GIBSON: THEN THEY'LL HAVE WHAT I HAVE. I THINK THIS IS WORTHWHILE TO SPEND A LITTLE TIME ON THIS SO THAT THE PUBLIC CAN GET THESE ANSWERS DIRECTLY FROM YOU. I WANT TO START OUT BY SAYING THAT I REALLY APPRECIATE THE WORK THAT YOU'VE DONE SO FAR ON TRYING TO TRIM DOWN THE TURNAROUND TIME IN MAKING HIRES AND THAT WHOLE PROCESS WAS STARTED OFF SOME QUESTIONS FROM COUNCILOR SENA, I BELIEVE. THERE'S BEEN A LOT OF US INTERESTED IN DOING WHAT WE CAN TO SUPPORT YOU IN THAT ENDEAVOR. I WANT TO GET BETTER THAN 120 DAYS. >> 60 DAYS. >>COUN. GIBSON: OH, NOT FOUR MONTHS, TWO MONTHS. AS YOU KNOW, I KNOW YOU'VE BEEN IN MANAGEMENT FOR A LONG TIME, THE LONGER IT TAKES AFTER YOU OFFERED A JOB TO SOMEONE BEFORE YOU CAN ACTUALLY GET THEM HERE OR THERE OR WHEREVER, YOU KNOW WORKING FOR US AND ON PAYROLL, MORE LIKELY YOU ARE TO LOSE THAT CANDIDATE OR POTENTIAL HIRE. THE REALITY IS THAT WE GO FROM OUR FIRST CHOICE TO OUR SECOND CHOICE TO END UP WITH SOMEBODY WHO -- BRINGING THEM IN WITH FINGERS CROSSED. THIS IS TRUE ACROSS THE BOARD. , AND ATTORNEYS AND ENGINEERS AND DOWN TO PEOPLE ON OUR LEVEL. WITH THAT SAID, ONE OF THE THINGS THAT I LEARNED LOOKING INTO THE UNDERSTAFFING AT THE ANIMAL WELFARE DEPARTMENT IS THAT IT TAKES FROM TWO TO THREE WEEKS TO GET IN FOR TESTING AT EMPLOYEE HEALTH. MY QUESTION WAS, AND I DIDN'T UNDERSTAND WHAT EMPLOYEE HEALTH WAS, SORRY I DIDN'T GO THROUGH IT. I THOUGHT THAT WAS A CONTRACT THAT WE HAD WITH AN OUTSIDE SOURCE. MY QUESTION IS COULD WE LOOK AT THAT CONTRACT OR GET SOMEBODY ELSE IN. I UNDERSTAND IT'S A FUNCTION OF THE CITY WITHIN THE CITY. I THINK I'M ASKING ABOUT THAT. YOU CAN CORRECT ME IF I'M WRONG. IN ANY CASE, WHETHER IT'S A CONTRACT OR IF IT'S SOMEBODY IN-HOUSE, THAT TWO TO THREE WEEKS IS A LONG TIME TO BE WAITING. I SUSPECT THAT COULD BE AT LEAST PERSONALLY ADDRESSED BY HAVING THE NEW HIRE MAKE AN APPOINTMENT IMMEDIATELY. I REALLY WANTED TO ASK YOU ABOUT THAT. WHAT CAN WE DO TO ELIMINATE A TWO TO THREE WEEK BEFORE WE CAN DO THE EMPLOYEE HEALTH REQUIREMENT. >> COUNCILOR GIBSON AND FOR THE REST OF THE FOLKS ON THE CALL I'M HR DIRECTOR FOR THE CITY OF ALBUQUERQUE. I APPRECIATE THE QUESTION AND THE CONCERN. YES, THERE'S ALWAYS BEEN THE DESIRE TO GET FOLKS ON BOARDED AND FILLING A VACANT SPOT AS SOON AS POSSIBLE WITH THE CITY. THE ADMINISTRATION HAS, ONE OF MY FIRST GOALS WHEN I TOOK THE POSITION, WAS IMPLEMENT THE HIRING REFORM PROCESS. MANY INDIVIDUALS IN HR STARTED LOOKING AT THAT PROCESS AND CHOPPING DOWN THE DAYS THAT IT TOOK TO GET THROUGH THAT PROCESS. WE DID A REALLY GOOD JOB AT COMING UP WITH A WORKFLOW THAT IS LIKE A DEPTH CHART. IT HAS ALL THE STEPS THAT NECESSITATE THE DEPARTMENT DIRECTOR AND COORDINATORS WORK ING WITH THE HR TEAM. WHEN AN INDIVIDUAL APPLIES FOR THE JOB IN THE SELECTED AND IT REQUIRES PRE-EMPLOYMENT TEST, THEY MAKE AN APPOINTMENT WITH THE EMPLOYEE HEALTH CENTER. THAT'S LOCATED IN THE BASEMENT OF CITY HALL. THAT EMPLOYEE WILL GO THERE. I TOOK A REAL DEEP LOOK AT LOOKING AT SOME OF THE TIMES. AT ANIMAL WELFARE THERE WERE A FEW THAT TOOK ABOUT THE TWO WEEKS YOU SAID. WE HAVE BEEN TALKING WITH EMPLOYEE HEALTH CENTER AND THEY HAVE MADE PROCESS IMPROVEMENT ON THEIR END. I ALSO LOOKED AT SOME OTHER INDICATORS AND ASKED WHY IS IT REALLY HAPPENING. A LOT OF TIMES THAT EXTRA TIME HAPPENS IN THE PROCESS FOR THAT INDIVIDUAL TO GET ON BOARD IS THERE COULD BE A MEDICAL CONDITION THAT THEY'RE WAITING ON BEFORE THEY CAN CLEAR IT AND HAVE THEM START THE FIRST DAY. I LOOKED AT SOME OF THE RECENT HIRES THAT WENT THROUGH THE CLINIC, AND LOT OF THOSE WERE COMING IN AT TWO TO FOUR DAYS. A LITTLE BIT MORE ACCEPTABLE THAN THE TWO WEEKS. I RECOGNIZE THAT THERE ARE FOLKS THAT CAN GET LOST IN THAT. NOT ALL THE TIME IT MIGHT NOT ALL THE TIME HAPPEN BE DUE TO A MEDICAL CONDITION. WHAT MY MESSAGE IS TO A LOT OF THE HR COORDINATORS OUT THERE IN THE IS REALLY IMPROVING OUR COMMUNICATION EFFORTS SO THAT IF WE'RE SEEING SOMEBODY STUCK SOMEWHERE, IF THEY REACH OUT TO US, I GET DIRECTORS THAT SEND ME A TEXT THAT SAYS WHERES ROMERO, IT'S BEEN TOO LONG. WE SHAKE IT THROUGH THE PROCESS. THAT'S THE DEAL WITH THE EMPLOYEE HEALTH CENTER. I KNOW THAT ONE OF THE THINGS YOU'RE ALLUDING TO IS COULD WE POSSIBLY GET ANOTHER GROUP ON CONTRACT TO DO THAT. I JUST WANT TO EXPLORE WORKING WITH OUR PROCUREMENT DIVISION. JUST SO WE CAN DETERMINE IF WE NEED TO GO THROUGH ANOTHER RFP PROCESS TO GET A SECOND VENDOR ON BOARD TO PROVIDE THOSE PRE-EMPLOYMENT TESTS TO US. OR, ALSO MEETING WITH THE CURRENT VENDOR JUST TO REVIEW THE EXISTING CONTRACT. I THINK THAT I'M GOING TO REALLY TRY WORKING HARD AT CONTINUING TO MEET WITH THE CURRENT VENDOR. THEY KNOW THAT TWO WEEKS IS NOT ACCEPTABLE AND ISN'T REALLY HELPING US GET THAT DONE. THE CURRENT VENDOR DID GO THROUGH THE RFP PROCESS. >>COUN. GIBSON: OKAY. THAT GOOD. I'M GLAD YOU'RE LOOKING AT THAT. YOU KNOW WHAT, I THINK THE WHOLE IDEA SHOULD BE TO KEEP LOOKING FOR WAYS TO SHORTEN THIS PROCESS. MAYBE ONE PERSON FOR THREE WEEKS, AND ANOTHER PERSON FOR TWO WEEKS AND SOMEBODY ELSE TOOK A FEW DAYS. I KNOW THE DIRECTOR HAS HER HAND UP. I WANT TO RECOGNIZE HER IN JUST A SECOND. I THINK I'M QUOTING HER, SHE'S GOING TO CORRECT ME IF I'M WRONG. IT DOESN'T MATTER. IT REALLY DOESN'T MATTER. THEY NEED TO SEE THE WELL-OILED GEAR IN THIS MACHINE, IN THIS HIRING MACHINE. AND IF THEY DON'T HAVE THE RESOURCES THEY NEED, YOU KNOW WHAT THIS IS THE BODY WHO SHOULD KNOW ABOUT IT. WE CAN'T DO ANY THAT SHALTS AND WE GOT THAT CHAPTER AND VERSE IN A MEETING RECENTLY. I GET THAT. BUT IT'S NOT OKAY TO HAVE TWO EMPLOYEES CLEANING CAGES AT ANIMAL WELFARE ON THE WEST SIDE WHEN WE HAD AT THAT TIME IN THE NEIGHBORHOOD OF 900 ANIMALS BETWEEN THE TWO SHELTERS. THAT'S NOT ACCEPTABLE AT ALL. YOU KNOW WHAT WE'RE LOSING MORE EMPLOYEES BECAUSE OF THAT. MADAM PRESIDENT, IF IT'S OKAY WITH YOU I'D LIKE TO ASK DIRECTOR ORTEGA, SHE'S BEEN PATIENTLY WAITING. >>COUN. BORREGO: DIRECTOR ORTEGA. >>COUN. GIBSON: HELLO, THANK YOU FOR BEING HERE. WHAT CAN YOU TELL US? >> THANK YOU, COUNCILOR GIBSON. I REALLY JUST WANTED TO GIVE KUDOS TO DIRECTOR ROMERO AND HIS TEAM. WHEN WE HAVE AN UNUSUAL AMOUNT OF VACANCIES AT ANIMAL WELFARE. AS SOON AS WE REALIZED WE WERE GETTING BEHIND I REACHED OUT TO THE DIRECTOR AND HE REALLY HELPED US WITH RESOURCES TO GET US CAUGHT UP. HE HAS REALLY GIVEN US ONE OF HIS OWN STAFF TO REALLY HELP US GET POSITIONS POSTED AND GET THE PROCESS MOVING QUICKER AND I KNOW THAT I'VE BEEN PART OF HIS GROUP TO BE ABLE TO MOVE THE PROCESS QUICKER. I THINK WE'VE BEEN ABLE TO WORK CLOSELY TOGETHER AND MOVED IT TO AN EMERGENCY SITUATION. AGAIN, HE CONTINUED TO THROW RESOURCES AT US TO REALLY HELP US GET THROUGH THIS. HE UNDERSTANDS THAT I'M A NEW DIRECTOR AND HE'S ALSO A NEW DIRECTOR IN HIS ROLE. WE'RE REALLY LEARNING TO WORK TOGETHER AND RELY ON EACH OTHER. I THINK THAT SINCE WE WERE ABLE TO MEET THINGS ARE MOVING MUCH QUICKER AND WE HAVE SEEN SOME PEOPLE ON BOARD AND MORE POSITIONS POSTED. I APPRECIATE THIS WHOLE COUNCIL FOR ADVOCATING TO GET THOSE POSITIONS FILLED AND FOR DIRECTOR ROMERO ALLOWING US TO ADD TO OUR TEAM. WE ALSO DID ADD ANOTHER PERSONNEL OFFICER TO OUR TEAM THAT WILL START IN A COUPLE WEEKS THAT WILL REALLY BE HELPFUL. THANK YOU FOR YOUR TIME, MADAM PRESIDENT, AND COUNCILOR GIBSON FOR YOUR SUPPORT. >>COUN. GIBSON: THANK YOU, DIRECTOR. >>COUN. BORREGO: DOES THAT ANSWER YOUR QUESTION? >>COUN. GIBSON: I'M NOT DONE. I STILL HAVE AT LEAST TWO MORE. MAYBE THREE. >>COUN. BORREGO: GO AHEAD, YOU HAVE THE FLOOR. >>COUN. GIBSON: I'M GLAD TO HEAR FROM THE DIRECTOR OF ANIMAL WELFARE DEPARTMENT. SHE DID TELL ME EVERYTHING THAT SHE SAID SHE DID TELL ME. I THINK I DID RELATE SOME OF THAT BACK TO YOU WHEN WE DID HAVE THE MEETINGS. SHE WAS VERY APPRECIATIVE. YOU SELECTED SOMEBODY ON YOUR STAFF TO WORK WITH HER. THESE ARE ALL GOOD THINGS. IT'S JUST NOT ENOUGH. I DON'T KNOW WHAT THE NEXT STEP IS AS FAR AS EMPLOYEE HEALTH. I GUESS WE NEED TO FIND OUT WHO IS RUNNING EMPLOYEE HEALTH AND FIND OUT WHAT THEY NEED TO SMOOTH OUT THAT PROCESS A LITTLE BIT MORE. AND BELIEVE ME, I'LL DO THAT. MY NEXT QUESTION IS, I DON'T WANT TO TAKE UP A WHOLE BUNCH OF TIME, I UNDERSTAND IT TAKES 14 DAYS TO POST JOBS AND THEY PERMANENTLY RUNNING POSTING WOULD ELIMINATE TWO WEEKS FROM THE PROCESS. I THINK THIS IS, IF I'M UNDERSTANDING IT CORRECTLY, THIS IS WHAT I WAS TOLD. AT LEAST FOR ANIMAL WELFARE DEPARTMENT AND PROBABLY OTHER DEPARTMENTS. WOULD BOTH YOUR DEPARTMENT DIRECTOR ROMERO AND DIRECTOR ORTEGA CONSIDER A PERMANENT POSTING? >> COUNCILOR BORREGO AND COUNCILOR GIBSON, WHAT YOU'RE REFERRING TO IS CONTINUOUS POSTING. WE DO HAVE THOSE CONTINUOUS POSTING OUT THERE FOR POSITIONS. THE DEPARTMENT DIRECTOR JUST NEEDS TO LET US KNOW WHEN THEY WANT TO ADVERTISE IF THEY WANT IT TO BE CONTINUOUS. YOU'LL FIND THOSE CONTINUOUS POSITIONS ADVERTISED FOR DIFFICULT TO RECRUIT OR POSITIONS THAT HAVE MULTIPLE VACANCIES. THOSE REALLY HELP WITH THE TIMELINE BECAUSE IT TAKES OFF THE ADVERTISEMENT PROCESS AND THE TWO-WEEK REQUIREMENT. WE DO A TWO-WEEK ADVERTISEMENT POSTING. MAINLY FOR OUR CLASSIFIED POSITIONS. THE UNION AND THROUGH THE COLLECTIVE BARGAINING AGREEMENT ASK US TO KEEP IT ADVERSED FOR TWO WEEKS. WE'LL ADVERTISE THAT FOR THEM TO BE CONSISTENT. WE ARE ALWAYS OPEN TO WORK WITH THE DEPARTMENT DIRECTOR AND MASSAGING THAT ADVERTISEMENT TO BE CONTINUOUS AND EXTEND IT. JUST LIKE YOU MENTIONED, WE'VE HAD TO DO THAT IN SOME INSTANCES WHERE WE DIDN'T GET LARGE ENOUGH POOL OF QUALIFIED APPLICANTS AND WE HAD TO EXTEND THE TIME FROM SO THE INTERVIEW COMMITTEE WOULD HAVE A QUALIFIED POOL. >>COUN. GIBSON: ONE QUICK FOLLOW UP, DOES ANIMAL WELFARE DEPARTMENT HAVE ANY CONTINUOUS POSITIONS POSTED? >> THEY DO NOT. WE'LL MAKE THAT CHANGE, COUNCILOR. WE CAN MAKE THAT CHANGE. ESPECIALLY TO DIRECTOR ORTEGA, WE CAN DO THAT FOR ANIMAL HANDLERS AS WELL AS THE ANIMAL SERVICE OFFICERS. >>COUN. GIBSON: OKAY, I'M GOING TO LET YOU TWO TALK ABOUT THAT. THAT WAS ONE OF THE THINGS THAT CAME UP IN SOME OF THE EMAILS I GOT. HAS YOUR DEPARTMENT CONSIDERED A QUICK PATH OR AT LEAST A DIFFERENT HIRING PATH FOR CERTAIN POSITIONS? I WILL SUGGEST THAT THINGS LIKE NOT ONLY ANIMAL WELFARE ENFORCEMENT OFFICERS AND HANDLERS AND VETERINARY STAFF, BUT MAYBE FOR POLICE OFFICERS OR FIRE, VERY CRITICAL POSITIONS WHERE WITHOUT THEM PEOPLE CAN GET HURT BADLY OR ANIMALS CAN SUFFER. I'M JUST WONDERING, HAVE YOU GIVEN THIS ANY THOUGHT? IS THERE ANY THOUGHT BEHIND IT? >> COUNCILOR BORREGO, COUNCILOR GIBSON ABSOLUTELY. WE'RE LOOKING AT HOW DO WE GET TO A MAIN GOAL OF MAKING SOMETHING AND HIRE AS RAPID AS POSSIBLE BY GOING THROUGH THE STEPS. REALLY COLLAPSING ALL OF THESE STEPS IN A WAY THAT WE SHARE WITH HR COORDINATORS AND DEPARTMENTS. THIS IS THE BEST WAY TO APPROACH IT. GOING THROUGH THIS STEP AND THIS STEP AND THIS STEP. AS WE'RE GOING THROUGH HIRING REFORM WE'RE DOING DEBRIEFS WHERE WE NOTICE PLACES THAT WE CAN COLLAPSE. I AGREE WITH YOU AND YOUR STATEMENT THAT 60 DAYS IS NOT SOMETHING TO COMPLETELY CELEBRATE AND BE HAPPY WITH. I THINK WE'RE GOING TO CONTINUE TO TRY TO MAKE THAT PROCESS QUICKER. CONTINUOUS POSTING ARE GOING TO HELP A LOT. WE'RE LOOKING AT REALLY MAKING SURE THAT WE'RE NOT TAKING ANY PIECES OUT OF THE PROCESS THAT WOULD NOT GET US THE BEST PERSON TO WORK FOR THE CITY. WE WANT TO MAKE SURE THAT WE GET THROUGH ALL OF THOSE PROCESSES AND DO IT AS EXPEDITIOUSLY AS POSSIBLE SO WE AREN'T LOSING FOLKS TO OTHER OPPORTUNITIES. YEAH. >>COUN. GIBSON: OKAY. AGAIN, MY QUESTION WAS ABOUT A SEPARATE, SPECIAL STREAMLINE PROCESS. >> COUNCILOR GIBSON, WE WILL BE LOOKING AT DOING THAT. RIGHT NOW, I DON'T HAVE A GOOD DRAFT TO PRESENT THAT. WE WANT TO IDENTIFY CERTAIN POSITIONS THAT WOULD BE ABLE TO GO THROUGH A MORE RAPID PROCESS. ONE OF THE THINGS THAT WE ALREADY DO WITH THE TRANSIT DEPARTMENT IS FOR THE MOTOR COACH OPERATOR POSITIONS WHERE WE WILL OFFER A CONTINGENT HIRE BASED ON THE PASSING OF THE PREEMPLOYMENT PHYSICAL AND DRUG SCREEN. THAT HAS HELPED A LITTLE BIT. WE'RE LOOKING AT SOME LESSONS WE'VE LEARNED FROM THAT PROCESS AND HOPEFULLY WE'LL BE ABLE TO TRANSLATE THOSE POSITIVES INTO OTHER POSITIONS TO DO THAT. >>COUN. GIBSON: THANK YOU SO MUCH DIRECTOR. I REALLY DO APPRECIATE THE WORK YOU'VE PUT INTO THIS. BOY, I WOULDN'T WANT YOUR JOB. THANK YOU SO MUCH FOR DOING YOUR JOB. THANK YOU SO MUCH. MADAM PRESIDENT, I HAVE ONE MORE QUESTION. IT'S NOT FOR DIRECTOR ROMERO. I WONDER IF OUR CFO MR. SANJAY IS WITH US. I'M LOOKING FOR HIM. I DON'T SEE HIM. >> COUNCILOR GIBSON, HE'S NOT WITH US THIS EVENING. WE'D BE HAPPY TO RELAY YOUR QUESTION OR I'D BE HAPPY TO TAKE A SHOT AT IT. >>COUN. GIBSON: HE'S NOT WITH US TODAY? >> NO MA'AM. >>COUN. GIBSON: ANYONE WHO WANTS THIS QUESTION CAN HAVE IT. IT'S CONCERNED ME OVER THE YEARS, YOU KNOW, THIS YEAR IT'S MEDIUM AMOUNT OF TIME. TWO TERMS. SINCE I'VE BEEN ON COUNCIL WE'VE HAD ONE COMPANY DOING OUR ANNUAL CITY AUDIT. ONE COMPANY. I HAD OUR STAFF GO BACK IN TIME AND TAKE A LOOK AT THE PAST -- ACTUALLY THAT 19 YEARS HERE. IN THE PAST 19 YEARS MOSS ADAMS HAS CONDUCTED 13 OF OUR AUDITS. 13 OF THEM. REDW HAS CONDUCTS THREE. AND LACY HAS ALSO CONDUCTED THREE. I KNOW WE'RE OUT OF COMPLIANCE. I ALREADY KNOW WHAT YOU'RE GOING TO SAY, YOU'RE GOING TO SAY COVID AND A FEW OTHER THINGS. I DON'T THINK THAT'S A GOOD ANSWER. AGAIN, I THINK THIS IS WHERE WE'RE COMING UP ON THE TIME WHERE WE'RE GOING TO BE TALKING WITH MOSS ADAMS, I'LL BET IT IS. WHAT ARE WE GOING TO DO TO MAKE SURE THAT WE GET GOOD AUDITS? AFTER 8 YEARS OF MOSS ADAMS, I DON'T THINK ANYONE, AND I THINK THEY'RE A FINE COMPANY, BUT WE'RE JUST WAY TOO CLOSE. WHAT ARE WE GOING TO DO TO ENSURE THAT WE GET GOOD AUDITS? WHAT ARE WE GOING TO DO TO MAKE SURE WE GET SOMEONE BESIDES MOSS ADAMS? >> COUNCILOR BORREGO, COUNCILOR GIBSON, I'M GOING TO ASK -- FROM OUR FINANCE DEPARTMENT TO RESPOND TO THAT. >> COUNCILOR BORREGO, COUNCILOR GIBSO -- WE'RE NOT CONCERNED WITH THE QUALITY OF THE AUDITS. HOWEVER, I DID WANT TO LET YOU KNOW THIS IS THE LAST YEAR THAT MOSS ADAMS WILL HAVE AUDIT CONTRACT WITH THE CITY. WE DID EXTEND THE TIME FRAME WITH THE CURRENT AUDIT WITH MOSS ADAMS BECAUSE OF COVID, AND SOME OF THE -- THIS WILL GO OUT TO RFP THIS YEAR. WE'LL HAVE A DIFFERENT AUDITOR NEXT YEAR. >>COUN. GIBSON: OKAY, WHY COULDN'T THAT RFP GO OUT FOR THIS FISCAL YEAR? ACTUALLY, THIS PAST -- WE'RE WERE DOING QUITE A BIT IN PERSON UP UNTIL A COUPLE WEEKS AGO. IT'S TIGHTENED DOWN AGAIN. HOW MANY YEARS ARE WE OUT OF COMPLIANCE? ISN'T IT SIX YEARS OR FOUR YEARS? AND YOU HAVE TO GET A NEW ACCOUNTING COMPANY? >> COUNCILOR GIBSON, THERE IS A REQUIREMENT THAT YOU CHANGE AUDITORS AFTER SIX YEARS. FOR THE LAST TWO YEARS, WE HAVE MADE A REQUEST TO THE STATE AUDITOR'S OFFICE IN ORDER TO HAVE AN EXCEPTION TO THAT AND THAT IS HOW WE HAVE BEEN ABLE TO RETAIN MOSS ADAMS FOR MORE THAN THE ORIGINAL CONTRACT TERM. WE DID MAKE A REQUEST BASED ON MANY FACTORS INCLUDING BOTH WORKLOADS FOR OUR STAFF AS WELL AS SOME OF THE BUDGETING CHALLENGES THAT WE'VE HAD WITH COVID. AGAIN, WE HAVE RECEIVED APPROVAL FROM THE STATE AUDITORS IN ORDER TO EXTEND THE CONTRACT. OUR FULL INTENTION IS THAT THIS IS THE LAST YEAR WE'RE GOING TO AN RFP TO START A NEW AUDITOR THIS NEXT FISCAL YEAR. >>COUN. GIBSON: I HAVE TO RESPECTFULLY DISAGREE WITH YOU IN THAT WE'RE GETTING GOOD AUDITS. I DON'T THINK THAT'S POSSIBLE WHEN THE AUDITORS ARE SO FAMILIAR WITH THE CITY AND THE PEOPLE WORKING HERE, WHICH IS WHY THEY HAVE LIMITS ON HOW MANY YEARS YOU CAN GO WITH ONE FIRM. NOW, I DON'T THINK THAT THE CITY HAS BEEN GETTING ITS MONEY'S WORTH. I THINK IF ANYTHING -- AND I'M IN THOSE MEETINGS. AS A MEMBER OF THE AGO COMMITTEE, I TEND TO GO TO THOSE MEETINGS. IT DOESN'T SEEM LIKE A RIGOROUS ACCOUNTING OR AUDIT OF THE CITY. I DON'T THINK OUR TAXPAYERS ARE BEING SERVED WELL. THAT REALLY ALL I HAVE. THANK YOU, MADAM PRESIDENT. >>COUN. BORREGO: COUNCILOR GIBSON, IS THAT THE END OF YOUR QUESTIONS? >>COUN. GIBSON: YES, THAT'S WHY I SAID THANK YOU VERY MUCH. >>COUN. BORREGO: THANK YOU. WE WILL MOVE ON TO OUR NEXT ORDER OF BUSINESS WHICH IS OUR JOURNAL. COUNCILOR GIBSON. >>COUN. GIBSON: THANK YOU. HOLD ON, I'M VERY SORRY. I WAS BUSY TALKING BEFORE. >>COUN. BORREGO: WOULD YOU LIKE ME TO MOVE IT FOR YOU? I MOVE APPROVAL OF THE AUGUST 16th JOURNAL. I NEED A SECOND. I HAVE A SECOND FROM COUNCILOR SENA. ANY QUESTIONS? I DON'T SEE ANY QUESTIONS. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. >> THAT PASSES 7-0. >>COUN. BORREGO: THANK YOU, COUNCILORS, WE'LL MOVE TO ITEM SEVEN. COMMUNICATIONS AND INTRODUCTIONS. ARE THERE ANY CHANGES TO THE LECT -- LETTER OF INTRODUCTION? I HAVE A COUPLE. I'LL MOVE THE RULES BE SUSPENDED FOR THE PURPOSE OF PLACING EC424 ON TODAY'S AGENDA FOR ACTION. EC424 IS THE MAYORS RECOMMENDATION TO SWCA INCORPORATED FOR RIO GRANDE WILDLIFE MITIGATION SERVICES. WE NEED TWO-THIRDS ON THE COUNCILORS IN ORDER FOR IT TO PASS. COUNCILOR HARRIS IS NOT WITH US, I'M NOT SURE IF COUNCILOR DAVIS HAS JOINED US AGAIN OR NOT. WITH THAT, WE'LL MOVE TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. >> 7-0. >>COUN. BORREGO: THANK YOU, COUNCILORS. THAT PASSES ON A 7-0 VOTE. WE'LL MOVE TO THE NEXT ITEM. I MOVE THE RULES BE SUSPENDED FOR PLACING EC425 ON TODAY'S AGENDA FOR ACTION. EC425 IS THE MAYORS RECOMMENDATION FOR INTERPRETATION AND TRANSLATION SERVICESS. I REMIND YOU THIS PARTICULAR ITEM REQUIRES TWO THIRDS OF COUNCILORS PRESENT TO PASS. COUNCILOR SENA, IS THAT A SECOND? THANK YOU, COUNCILOR SENA. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. >> 7-0. >>COUN. BORREGO: THANK YOU, COUNCILORS. WE'LL MOVE TO NEXT ITEM. I MOVE THE RULES BE SUSPENDED FOR PLACING EC426 ON TODAY'S AGENDA FOR ACTION. EC426 IS THE MAYORS RECOMMENDATION FOR GUIDE HOUSE INCORPORATED FOR ARPA FUND MANAGEMENT SERVICES. I REMIND THE COUNCILORS THIS ITEM REQUIRES TWO-THIRDS OF COUNCILORS PRESENT IN ORDER FOR IT TO PASS. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT ITEM PASSES. WE'LL MOVE TO THE NEXT ITEM. ITEM NUMBER FOUR, WHICH IS I MOVE THE RULES BE SUSPENDED FOR PLACING M11 ON TODAY'S AGENDA FOR ACTION. IT'S THE CITY OF ALBUQUERQUE REAFFIRMING STRONG COMMITMENT TO END THE DRIVERS OF CRIME INCLUDING CRIMINAL FIREARM USE AND RECIDIVISM. AND THIS ITEM NEEDS TWO THIRDS OF COUNCILORS MOHRED IN ORDER FOR IT TO PASS. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. WHO SECONDED THAT? >> COUNCILOR BASSAN. >>COUN. BORREGO: THANK YOU, COUNCILOR BASSAN. I DIDN'T MENTION THAT. THOSE ARE THE ONLY ITEMS I HAVE. COUNCILOR BASSAN, GO AHEAD. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. IF I MAY ASK JUST A QUICK QUESTION. I DID VOTE TO MOVE THESE FORWARD. I RECOGNIZE THAT. I DO HAVE A QUESTION FOR THE ADMINISTRATION REGARDING THE LAST MINUTE ITEMS, IF I MAY? >>COUN. BORREGO: ABSOLUTELY, COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. I'M TRYING TO SEE WHO IS IN THE CONFERENCE ROOM. THEIR SCREEN IS BLANK. MS. NAIR. >> THIS IS ISAAC. HELLO, COUNCILOR BORREGO. >>COUN. BASSAN: AGAIN, I READ THROUGH THESE THIS WEEKEND. I DON'T SEE ANY SIGNIFICANT POTENTIAL ONE WAY OR THE OTHER AS FAR AS WHY WE NEED TO RUSH THIS THROUGH AND WHY WE DON'T NEED TO RUSH THIS THROUGH. YOU KNOW I DON'T LIKE SURPRISES AND WE'RE ALL MUFRPUAL ON THAT. AT THE SAME TIME WHO IS THERE SUCH A NEED WITH IMMEDIATE ACTION WITH THESE EXECUTIVE COMMUNICATIONS THAT COME IN FROM THE ADMINISTRATION WHEN THEY CAN BE PUT ON THE NEXT AGENDA. >> A LOT OF TIMES YOU HEAR FROM THE DIRECTORS THAT THERE'S CERTAIN TYPES OF RULES FOR MONEY FOR THE STATE OR APPLICLICATIONS FOR A GRANT. THE REQUIREMENTS FOR THE GRANTS MEANS THERE'S A SHORT TURN AROUND TIME AND IT'S NECESSARY FOR IMMEDIATE ACTION. I TALK TO THE DIRECTORS AND WHEN THEY SAY THEY NEED IT RIGHT WAY WE ASK WHAT IS THE REASON AND IF THEY CAN DEMONSTRATE A GOOD REASON I MAKE A REQUEST FOR IMMEDIATE ACTION FROM THE COUNCIL PRESIDENT. IF I SEE THERE'S NOT AN IMPORTANT REASON OR THERE'S WAY TO WAIT WE'LL REQUEST A HOLD OVER MEETING BEFORE. IF IT'S INTRODUCED AT THE SECOND MEETING OF THE MONTH AND THERE'S NOT AN FGO AND IT NEEDS TO GO FASTER WE'LL REQUEST A HOLD OVER. IT DEPENDS ON THE LEGISLATION AND IT DEPENDS ON WHAT'S HAPPENING BEHIND IT BEFORE I MAKE THE REQUEST. OTHER THINGS THAT CAME UP BEFORE, MOVING THROUGH THE WHOLE PROCESS WE'RE DOING A GOOD JOB ON IT MOVING IT ALONG FASTER. SOMETIMES THERE'S HICK UPS IN THERE. IT CAN BE THEY SUBMIT A PARTICULAR EC PACKET FOR A RESOLUTION AND THE RESOLUTION NEEDS TO GO THROUGH THE BUDGET OFFICE. AND THE BUDGET OFFICE WILL FIND AN ERROR INSIDE THE FISCAL IMPACT ANALYSIS AND WHEN THAT HAPPENS WE NEED TO CORRECT THAT AND START REROUTING IT THROUGH THE PROCESS BECAUSE IT HAS TO BE SIGNED BY EACH INDIVIDUAL. THOSE ARE SOME OF THE REASONS THAT CAN HAPPEN. WHEN WE DO THIS IT NEEDS TO BE ACCURATE AND IF WE KICK IT BACK FOR WHATEVER REASON THE PROCESS STARTS AGAIN. THOSE ARE REASONS WE RUN AGAINST DEADLINES. >>COUN. BASSAN: THANK YOU FOR THAT EXPLANATION. IT DOES CLARIFY QUITE A BIT FOR ME. I APPRECIATE THE TIME. THANK YOU, MADAM PRESIDENT. >>COUN. BORREGO: THANK YOU, COUNCILOR BASSAN. COUNCILOR BENTON. >>COUN. BENTON: JUST TO FOLLOW UP, THANKS, COUNCILOR BASSAN, FOR ASKING THE QUESTION. WE HAVE A LENGTHY AGENDA TONIGHT. AND SOMETIMES WE REALLY HAVE LENGTHY AGENDAS. TO SUDDENLY BE DISCUSSING SOMETHING THAT WE REALLY DON'T HAVE MUCH BACKGROUND ON, I'M VERY INTERESTED IN THE AWARD FOR ARPA FUND MANAGEMENT SERVICES. THE ARPA FUND IS AN INFLUX INTO THE CITY AND THE IDEA WE HAVE TO DECIDE WHO IS GOING TO ADVISE US ON THAT TONIGHT IS SURPRISING. GIVEN WE KNOW IT'S BEEN IN PLAY FOR SOME TIME AND MANY QUESTIONS ABOUT IT, FOR THAT REASON I VOTED AS COUNCILOR BASSAN DID. I GUESS WE HAVE TO DO THESE THINGS. WE REALLY WOULD LIKE TO SEE TIMELY SUBMISSION OF THESE BILLS TO THE COUNCIL. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON. WITH THAT WE'LL MOVE ON TO COUNCILOR GIBSON. >>COUN. GIBSON: YES. I MOVE APPROVAL OF THE LETTER OF INTRODUCTION. >>COUN. BORREGO: THANK YOU, COUNCILOR GIBSON. I'M SECOND THAT. MS. ORTEGA. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. >> MOTION PASSES. >>COUN. BORREGO: THANK YOU, COUNCILORS. THAT MOTION PASSES ON A 7-0 VOTE. WE WILL MOVE ON TO REPORTS OF COMMITTEES. NUMBER EIGHT. COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. THE FINANCE AND GOVERNMENT OPERATIONS COMMITTEE MET ON MONDAY AUGUST 23rd AND REPORTS THE FOLLOWING ITEMS. IN THE MATTER OF O49 A DUE PASS. AND BE ACTED UPON WHICH IT IS REPORTED. I MAKE A MOTION TO ACCEPT THE MEET REPORTS. >>COUN. JONES: SECOND. >>COUN. BORREGO: SECOND FROM COUNCILOR SENA. MS. ORTEGA. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT MOTION PASSES ON A 7-0 VOTE. WE'LL MOVE TO THE NEXT ITEM. COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. THE LAND USE PLANNING AND ZONING COMMITTEE MET ON WEDNESDAY AUGUST 25th, 2021. REPORTS THE FOLLOWING ITEMS. IN THE MATTER OF O71, WITHOUT RECOMMENDATION AS AMENDED. I MAKE A MOTION TO ACCEPT THE MEET REPORT. >>COUN. BORREGO: THANK YOU, COUNCILOR JONES. YOU A SECOND FROM COUNCILOR BASSAN. ANY QUESTIONS? IF NOT, MS. ORTEGA. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT ITEM PASSES ON A 7-0 VOTE. WE'LL MOVE ON TO DEFERRALS AND WITHDRAWALS. COUNCILORS, ARE ANY DEFERRALS OR WITHDRAWALS APPROPRIATE AT THIS TIME? COUNCILOR DAVIS AND COUNCILOR BENTON. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. I MOVE A DEFERRAL UNTIL SEPTEMBER 20 OF 0-50 RELATED TO BUDGET CHANGES. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS. COUNCILOR BENTON HAS SECONDED THAT MOTION. WE WILL MOVE DEFERRAL ON THIS ITEM UNTIL SEPTEMBER 20th. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS IT PASSES ON A 7-0 VOTE. WE'LL MOVE TO ITEM G. THIS IS R-130. ESTABLISHING A CITY HEALTHY COMMUNITY PUBLIC HEALTH AND SUSTAINABILITY POLICY COMMITTEE. I MOVE DEFERRAL UNTIL DECEMBER 5th. I HAVE A SECOND FROM COUNCILOR SENA. THANK YOU FOR THAT SECOND. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. WITH THAT, WE'LL MOVE ON TO OUR CONSENT AGENDA. ARE THERE ANY CHANGES TO THE CONSENT AGENDA? I JUST WANT TO READ INTO THE RECORD BEFORE WE GET INTO THAT, FOR INDIVIDUALS ON TONIGHT'S CONSENT AGENDA WHO ARE BEING APPOINTED TO SERVE ON A BOARD OR COMMISSION OR WHO MAY BE WATCHING FROM HOME, THANK YOU FOR YOUR WILLINGNESS TO SERVE. COUNCILORS, I MOVE THAT WE PULL ITEM O OFF THE CONSENT AGENDA. IT IS OC21-36 THE 2020 CIVILIAN POLICE OVERSIGHT AGENCY SEMI-ANNUAL REPORT. WE WILL NOT VOTE ON THAT PARTICULAR ITEM. COUNCILOR GIBSON. >>COUN. GIBSON: I MOVE PROVAL OF THE CONSENT AGENDA. >>COUN. BORREGO: THANK YOU, COUNCILOR. YOU HAVE A SECOND FROM COUNCILOR BENTON. >>COUN. BENTON: ACTUALLY MADAM CHAIR. >>COUN. BENTON: I WAS HOPING TO REMOVE ANOTHER ITEM FROM THE CONSENT AGENDA. THAT WOULD BE EC426 THE RECOMMENDATION OF GUIDE HOUSE INCORPORATED FOR ARPA FUND MANAGEMENT SERVICES. >>COUN. BORREGO: YOU HAVE A SECOND. -- YOU DON'T NEED A VOTE ON THIS, BUT YOU HAVE A SECOND FROM COUNCILOR DAVIS. OR WAS THAT QUESTION, COUNCILOR DAVIS? >>COUN. DAVIS: NO, I WAS GOING TO SAY HE DIDN'T NEED IT, BUT I WOULD DO IT IF HE DID. >>COUN. BORREGO: WITH THAT, COUNCILOR GIBSON, I THINK YOU MADE A MOTION. I DO NEED A SECOND FOR MOVING THE CONSENT AGENDA FORWARD. COUNCILOR DAVIS, THANK YOU FOR THAT SECOND. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT ITEM PASSES ON A 7-0 VOTE. WE'LL MOVE ON TO ITEMS THAT WERE PULLED OFF THE CONSENT AGENDA. WE WILL START WITH ITEM OC21-36, 2020 CIVILIAN POLICE OVERSIGHT AGENCY SEMI-ANNUAL REPORT. THERE WAS A MOVE FOR RECEIPT TO BE NOTED. I THINK MR. HARNESS IS GOING TO GIVE US A PRESENTATION ON THE REPORT. WITH THAT MOTION, DO I HAVE SECOND? COUNCILOR SENA, THANK YOU FOR THAT SECOND. WITH THAT, WE'LL TURN TO MR. HARNESS. >> GOOD EVENING, COUNCIL PRESIDENT, AND HONORABLE CITY COUNCIL. HOW'S EVERYONE THIS EVENING? MOVE INTO THE EVENING I GUESS. THANK YOU FOR THE OPPORTUNITY TO PRESENT THE SECOND HALF OF 2020 SEMI-ANNUAL REPORT IN ACCORDANCE WITH THE OVERSIGHT ORDINANCE. JUST TO GO THROUGH SOME OF THE HIGHLIGHTS THAT ARE IN THE REPORT, THE CPOA RECORDED 307 COMPLAINTS DURING THE TIME. OPENING 172 COMPLAINTS ASSIGNING THEM FOR INVESTIGATION THROUGH THIS PARTICULAR PERIOD OF TIME. THIS IS AN INCREASE FROM 157 COMPLAINTS RECEIVED DURING THE SAME REPORTING PERIOD OF 2019. DURING THIS TIME, THE AGENCY ONLY CLOSED 22 COMPLAINTS DURING THE REPORTING PERIOD. I WILL CIRCLE BACK TO GO THROUGH ASK EXPLAIN SOME OF WHAT WAS GOING ON WITH THE AGENCY AT THE POINT IN TIME. DURING THIS TIME THERE WERE ALSO 63 LEVEL THREE USES OF FORCE INCLUDING THREE OFFICER-INVOLVED SHOOTINGS. AND THE BOARD REVIEWED TEN LEVEL THREE USES OF FORCE WHICH ARE THE MOST SERIOUS LEVELS OF USE OF FORCE. CIRCLING BACK TO THE NUMBER WHICH I THINK WAS A CONCERN FOR COUNCILOR SENA AT THE PUBLIC SAFETY COMMITTEE, DURING THE SAME PERIOD OF TIME FOR 2019 WE CLOSED OUT 104 CASES. I THINK THE ANOMALY THAT WE'VE EXPERIENCED DURING THIS PERIOD OF TIME IS A FEW FACTORS. CERTAINLY COVID WAS A PART OF THAT. THE ADJUSTMENT FOR COVID AND THE INVESTIGATIVE STAFF AS THEY WERE WORKING FROM HOME DURING THAT PERIOD OF TIME. WE ALSO HAD A STAFFING SHORTAGE WHERE WE HAD TO FILL OUR LEAD INVESTIGATOR POSITION. WE HAD TO TERMINATE A PROBATIONARY INVESTIGATOR AND WE HIRED AT THE END OF THIS PERIOD A NEW INVESTIGATOR AND WHO IS HAVING SUCCESSFULLY COMPLETED PROBATION. I THINK IT'S IMPORTANT TO MAKE A DISTINCTION BETWEEN THE CLOSING OF AN INVESTIGATION AND THE COMPLETION OF THE INVESTIGATION FOR OUR DATA PURPOSES. THE INVESTIGATION IS COMPLETED WHEN IT IS SENT TO APD STAFF FOR REVIEW. HOWEVER, AFTER THAT, WITH THE OFFER'S PROCEDURAL DUE PROCESS, WE MAY NOT RECEIVE THAT FILE BACK FOR A NUMBER OF MONTHS BECAUSE THERE MAY BE PRE-DISCIPLINARY HEARING, THERE MAY BE AN APPEAL, AND THERE MAY ME CERTAIN NONCONCURRENCES. DURING THIS TIME BECAUSE WE'RE STILL OPERATING WITH ACTUAL PAPER FOLDER INVESTIGATIONS, THERE WERE QUITE A FEW CASES THAT WERE NOT READY TO COME BACK TO OUR AGENCY TO CLOSE OUT. IN ADDITION THIS WAS THE TIME WHEN THE CITY WAS EXPERIENCING LARGE AMOUNT OF FIRST AMENDMENT EXPRESSION ADMINISTRATION THROUGHOUT THE CITY. WE HAD TWO INVESTIGATORS THAT WERE SPENDING AN INORDINANT AMOUNT OF TIME LOOKING INTO COMPLAINTS GENERATED FROM THOSE PARTICULAR DEMONSTRATIONS. NOT ONLY FIRST PARTY COMPLAINANTS BUT PEOPLE COMPLAINING BASED ON A VIRAL VIDEO THIRD-PARTY ANONYMOUS. ONE OF THE INVESTIGATORS SPENT OVER 500 HOURS REVIEWING VIDEO OF THOSE INCIDENTS AND ANOTHER INVESTIGATOR SPENT 300 HOURS OF VIDEO REVIEW FOR JUST THOSE INCIDENTS THAT TOOK PLACE DURING THAT TIME FRAME. I HAVE LOOKED AT OUR NUMBERS FOR THE FIRST HALF OF 2021 WHICH ARE COUNTING PERIOD WILL CLOSE ON THE 15th OF SEPTEMBER. WE GIVE 120-DAY WINDOW FROM THE END OF THE REPORTING PERIOD FOR US TO GET A CHANCE TO GET AS MANY FILES BACK AND CLOSED OUT IN THE SOFTWARE SO WE CAN GET AS ACCURATE A COUNT AS POSSIBLE FOR THE SIX-MONTH PERIOD OF TIME. THAT PERIOD WILL CLOSE ON THE 15th AND WE HAVE CLOSED OUT 67 INVESTIGATIONS DURING THE FIRST PART OF 2021. WITH THAT, I STAND FOR QUESTIONS. >>COUN. BORREGO: I'M GOING TO ENTERTAIN QUESTIONS. COUNCILOR SENA, COUNCILOR BENTON. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. AND THANK YOU, MR. HARNESS, I APPRECIATE YOUR STAFF FOR PAIRING WITH ME AT PUBLIC SAFETY WHEN I ASKED THE QUESTIONS. I DID MISS YOU BEING THERE. I HOPE THAT YOU CAN GET SOME OF THESE ANSWERS TODAY. MY MAIN CONCERN IS THE 22 COMPLAINTS YOU CLOSED THAT YOU WENT INTO DETAILS AS FAR AS STAFFING LEVELS. PRIOR TO JULY WE WERE STILL IN THE PANDEMIC AND WE WERE ABLE TO CLOSE OUT A SIGNIFICANT AMOUNT OF CASES. AND THERE WAS SOME DISCREPANCY IN TERMS OF 307 COMPLAINTS REPORTED, COMPLAINTS RECEIVED WERE 172, MY MAIN ISH WITH THE 135 COMPLAINTS NOT INVESTIGATED AND FOR ALL THE REASONS LISTED IN THE REPORT I MADE THE SUGGESTION THAT FOR FUTURE REPORTS THAT IS BE BROKEN DOWN A LITTLE BIT BETTER TO UNDERSTAND EXACTLY WHY IT VARIES. WHETHER IT'S DUPLICATE COMPLAINTS OR REPORTS. IF IT WENT INTO MEDIATION, WE WOULD WANT TO KNOW AND HEAR ABOUT THAT SINCE THAT'S THE NEWER PROCESS. MY OTHER QUESTION THAT I GAVE TO STAFF TOO IS WHAT ELSE ARE WE DOING TO RECEIVE SOME OF THE INFORMATION AND COLLECT SOME OF THE DATA IN TERMS OF HELPING THE FILE COMPLAINTS. BUT ALSO WITH THE DISCREPANCY OF NUMBERS WE'RE HEARING OF A ROLLOVER OF CASES BECAUSE THEY'RE NOT BEING INVESTIGATED IN THE TIME PERIOD. SOME OF THE CASES, I BELIEVE IT WAS 14 CASES, THAT JUST ARE FLOATING AND WHETHER THAT WAS BEING ROLLED OVER FROM THE SAME TIME PERIOD OR OF THE 172 THAT WERE INVESTIGATED WAS THAT ROLLOVER FROM ANOTHER PREVIOUS? THOSE ARE SOME OF THE MAIN CONCERNS THAT ARE RELAYED TO STAFF. I KNOW MOST OF MY OTHER QUESTIONS WERE ADDRESSED AT THE TIME. ESPECIALLY IN TERMS OF CONNECTING MORE INFORMATION AND LANGUAGE ACCESSIBILITY FOR COMPLAINTS. IF YOU CAN ANSWER AND I KNOW I GAVE YOU LAUNDRY LIST. IF YOU CAN ANSWER SOME OF THOSE. >> CERTAINLY, MADAM PRESIDENT, COUNCILOR SENA. REGARDING THE DISCREPANCY BETWEEN THE INTAKE AND ACTUAL NUMBER OF INVESTIGATIONS THAT COMMENCE, WE GET A WIDE VARIETY OF COMPLAINTS. FROM VEHICLE W1112 DIDN'T USE THEIR BLINKER TO MANY, MANY DUPLICATE COMPLAINTS, ESPECIALLY DURING THIS TIME FRAME FOR THE VIRAL VIDEOS AND THINGS GOING AROUND FOR THE DEMONSTRATIONS. WITH THOSE, WE SIMPLY WOULD BE DOING THEM UNDER ONE INVESTIGATION AS FAR AS ANYTHING THAT IS DUPLICATIVE. REGARDING THE MINOR THINGS LIKE CHANGING LANES WITHOUT BLINKERS OR THOSE OTHER KINDS OF MINOR DRIVING COMPLAINTS THAT COME TO US, WE DO REFER THOSE TO THE AREA COMMAND ONCE WE IDENTIFY THE POTENTIAL DRIVER THROUGH THE WORK POOL RESOURCE. WE WILL NOT INITIATE AN INVESTIGATION FOR SOMETHING LIKE THAT. AS FAR AS THE 14 NUMBER, THOSE CASES CERTAINLY COULD ME OVER AT THE APD BUILDING BECAUSE OF THE PROCEDURAL DUE PROCESS THE OFFICERS ARE ENTITLED TO, OR SIMPLY APD GETTING CAUGHT UP WITH THEIR CASELOADS AS WELL BECAUSE APD INTERNAL AFFAIRS HANDLES NOT ONLY OUR FILES BUT THE INTERNAL AFFAIRS FILES. FOR OUR REPORTING PURPOSES WE DON'T REPORT ON A CASE UNTIL WE GET IT THROUGH THE FINAL DISPOSITION AND ACTUALLY HAVE THE PAPER COPY FILED IN OUR HANDS TO UPDATE THE SOFTWARE FOR OUR FINDINGS, IN COMPAISON TO THE DEPARTMENT FINDINGS. THE NUMBERS WE REPORT FOR THE SEMI-ANNUAL REPORT ARE NOT UNTIL THAT INVESTIGATIVE FILE HAS CIRCLED ALL THE WAY THROUGH THAT PROCESS. THAT CAN SOMETIMES TAKE EIGHT TO TEN MONTHS. WHEN YOU HAVE A SEGMENTED REPORTING PERIOD THAT DOESN'T ALIGN WITH WHEN AN INVESTIGATION MAY COMMENCE OR WHEN A FILE IS RECEIVED, THAT EXPLAINS WHY THE NUMBERS ARE NEVER GOING TO BE AN EQUAL MATCH. >>COUN. SENA: THANK YOU, FOR THAT. YOU KNOW, MY MAIN CONCERN IS THE DISCREPANCY OF NUMBERS. WE WANT DUE PROCESS FOR OFFICERS AND WE WANT TO MAKE SURE AS THOSE CASES ARE BEING HEARD THAT IS CONSIDERED. OF COURSE WE ARE BOUND BY A TIMELINE AS WELL. I NOTICED A LOT OF THESE COMPLAINTS AN EXTENSION IS REQUIRED AND OF THE 22 CASES IT TOOK SOME TIME TO INVESTIGATE. WHICH OF COURSE WE WANT TO GIVE ENOUGH TIME FOR THAT BUT ALSO AT THE SAME TIME WE EITHER HAVE THE PERSON THAT FILED THE COMPLAINT STILL WAITING AND HAVE THE OFFICER WAITING FOR THEIR DUE PROCESS AS WELL. THIS REPORT, I WILL SAY WAS BROUGHT TO ME IN PUBLIC SAFETY ROSE A LOT OF RED FLAGS BECAUSE OF THE OTHER REPORTS COMPARED TO THE OTHERS. I HOPE MOVING FORWARD WE CAN UNDERSTAND THAT NUMBER A LITTLE BIT BETTER. I KNOW THAT COUNCIL HAS ALSO APPROVED MORE INVESTIGATORS, BUT I THINK THAT CLOSING OUT 22 IN THIS TIME PERIOD IS WORISOME FOR ME. AND KNOWING POTENTIAL CASES WILL BUILD UP AND ROLL OVER CONTINUALLY. THAT NUMBER HAS TO BE FLEXIBLE, I UNDERSTAND THAT. WE'RE SUPPOSED TO BE UNDER A TIMELINE. AND TO HAVE THOSE REVIEWED IN A TIMELY MANNER, HOWEVER WE CAN SUPPORT, IF IT IS ADDITIONAL INVESTIGATORS WHICH WE'VE ALREADY DONE, BUT GIVING THE INFORMATION TO THOSE FILING THE COMPLAINT AND THE OFFICERS STILL WAITING, THAT'S THE CONCERN I HAVE. >> CERTAINLY, COUNCILOR BORREGO, AND COUNCILOR SENA, I HEAR WHAT YOU'RE SAYING. THIS PERIOD OF TIME REALLY IS AN ANOMALY WHEN YOU COMPARE IT TO ALL OF THE OTHER REPORTS THAT HAVE BEEN FILED WITH COUNCIL. MOVING FORWARD, WE HAVE GONE THROUGH AN INTERVIEW PROCESS. WE'VE IDENTIFIED CANDIDATES FOR HIRE SO THAT WE CAN BE FULLY STAFFED BY OCTOBER. WE'VE IDENTIFIED CANDIDATES AND NOW WE'RE IN THE PROCESS OF DOING BACKGROUND INVESTIGATIONS. WE SHOULD BE FULLY STAFFED AS APPROPRIATED. I'M MORE THAN HAPPY TO DISCUSS THE TIMELINE. I BELIEVE IT IS AN ARTIFICIAL IMPEDIMENT TO FACT-FINDING THAT IS GENERATED FROM THE COLLECTIVE BARGAINING AGREEMENT. I HAVE ALSO ADVOCATED FOR THE AGENCY TO BE ALLOWED TO INVESTIGATE ONLY LEVEL FIVE AND ABOVE AS OPPOSED TO LEVEL SEVEN AND SIX MINOR OFFENSES IN LINE WITH WHAT INTERNAL AFFAIRS IS ALLOWED TO DO TO HAVE THOSE MINOR THINGS GO TO THE COMMAND FOR INVESTIGATION AND HANDLING. THOSE TWO STRATEGIES IN THEMSELVES WOULD CERTAINLY GET US MUCH CLOSER TO THE 120 DAYS. I WOULD ALSO DIRECT YOUR ATTENTION TO IMR13 WHERE THE MONITOR STRESSES THAT IN THE FIVE YEARS SINCE I'VE BEEN HERE WE HAVE NEVER HAD AN INVESTIGATION WHERE DISCIPLINE COULD NOT BE IMPOSED BECAUSE WE DID NOT MEET THE TIMELINE. >>COUN. SENA: THANK YOU, MR. HARNESS. I APPRECIATE YOUR WORK AND STAFF FOR BEARING WITH ME AND MY GRILLING OF THEM DURING COMMITTEE. I KNOW THAT OTHER COUNCILORS HAVE QUESTIONS. I WOULD LOVE TO FOLLOW UP WITH YOU ON SOME OF THE OTHER MATTERS OF THIS REPORT. MINOR NUANCES, ESPECIALLY THE DATA COLLECTION AND WHAT ELSE IS BEG DONE. >>COUN. SENA: THANK YOU, COUNCILOR SENA, DOES THAT CONCLUDE YOUR QUESTION? COUNCILOR BENTON. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. MR. HARNESS, A COUPLE OF QUESTIONS. ONE, YOU MENTIONED THE COMMITTEE, THE COLLECTIVE BARGAINING AGREEMENT. THAT IS SOMETHING THAT IS STILL IN LIMBO, IT'S BASICALLY JUST SITTING THERE BECAUSE WE HAVE NOT NEGOTIATED THE COLLECTIVE BARGAINING AGREEMENT WITH THE POLICE UNION. HAVE YOU BEEN CONSULTED? HAVE YOU OR THE ORGANIZATION BEEN CONSULTED WITH REGARD TO THAT COLLECTIVE BARGAINING AGREEMENT BY THE ADMINISTRATION? >> COUNCILOR BORREGO, COUNCILOR BENTON YES. I HAVE BEEN ASKED FOR FEEDBACK REGARDING POSSIBLE CHANGES TO THE COURT APPROVED SETTLEMENT AGREEMENT WHICH INCORPORATED THE TIMELINE. WE HAVE PROFFERED 180-DAY INVESTIGATIVE TIMELINE. AND WE'VE PROFFERED THAT SOME ABILITY TO EXTEND BEYOND THAT, EXTENUATING CIRCUMSTANCE. WE HAVE A CASE WHERE WE SUBPOENA PROBATION AND PAROLE FOR INFORMATION AND THEY FOUGHT US TOOTH AND NAIL. WE'RE WAY BEYOND THE 90 DAYS AVAILABLE IN THIS CASE. IT'S NOT THE FAULT OF US, BUT IT'S BECAUSE WE HAD TO SUBPOENA PROBATION AND PAROLE AND WORK WITH THEIR ATTORNEYS IN ORDER TO GAIN AN INTERVIEW. THERE'S NO FLEXIBILITY AT ALL FOR THAT TYPE OF A SITUATION WHERE THERE ARE EXTRANEOUS CIRCUMSTANCES THAT MOVE AN INVESTIGATION BEYOND THE 90 DAYS OUTSIDE OF OUR CONTROL. YES, WE HAVE OFFERED OUR INPUT AS TO THE BEST PRACTICES IS THE STANDARD OF 180 DAYS. WE HAVE SHARED THAT INFORMATION WITH THE ADMINISTRATION. >>COUN. BENTON: THANK YOU, MR. HARNESS. MADAM PRESIDENT, JUST TO FOLLOW UP, THIS IS THE REASON WHY, FOR THE PUBLIC AND COUNCIL, WE HAVE COMMITTEE ON GUIDELINES AND NEGOTIATIONS. UNFORTUNATELY, NEGOTIATIONS WITH THE POLICE UNION WILL COMMENCE WITHOUT THE GUIDELINES. WE'RE BEHIND THE CURVE ON THAT SITUATION. THAT'S MY REASON FOR THE QUESTION. ONE OTHER QUESTION, MR. HARNESS. JUST TELL ME IF THIS IS OUTSIDE THE WHATEVER, THE AREA OF INFLUENCE OF THE CPOA, YOU'VE MENTIONED THE RIOTS. YOU MENTIONED THE DEMONSTRATIONS THAT OCCURRED. THERE WERE PEACEFUL DEMONSTRATIONS THAT OCCURRED WITH REGARD TO THE BLACK LIVES MATTER MOVEMENT AND QUESTION. THERE WAS ALSO A FOLLOW ON RIOT DOWNTOWN THAT OCCURRED FOLLOWING ONE OF THE DEMONSTRATIONS. IN WHICH, MANY BUSINESS PROPERTIES WERE RUINED. ONE SUCCESSFUL COMPANY WENT OUT OF BUSINESS AS A RESULT OF THE RIOT. THERE WERE OTHERS BEING BOARDED UP FOR MONTHS ON END AND SOME STILL BOARDED UP AS A RESULT OF THAT. THAT ONE ARREST WAS MADE. THIS IS KIND OF THING THAT UNDER WHICH THE APOA HAS SOME INVESTIGATION ROLE? THEY MAY NOT HAVE TO DO WITH SOME INAPPROPRIATE USE OF FORCE OR SOMETHING LIKE THAT, BUT THEY DO HAVEN'T DO WITH HOW THE POLICE DEPARTMENT OPERATES. THIS IS SOMETHING THAT WOULD FALL WITHIN THE ROLE OF THE CPOA? >>COUN. BORREGO: COUNCILOR BENTON, JUST FOR CORRECTION, YOU WERE REFERRING TO THE APOA. BUT YOU'RE REFERRING TO THE CPOA CORRECT? >>COUN. BENTON: THE PREVIOUS QUESTION HAD TO DO WITH THE APOA. THIS HAS TO DO WITH THE CPOA. WITH REGARD TO SOMETHING LIKE THE RIOT THAT OCCURRED DOWNTOWN IN WHICH NOT ONE SINGLE PERSON WAS EVER CHARGED. >> COUNCILOR BORREGO, COUNCILOR BENTON. >>COUN. BORREGO: MR. HARNESS, BEFORE YOU ANSWER THAT THE MAYOR'S OFFICE IS TRYING TO CHIME IN ALSO. >>COUN. BENTON: I'D RATHER HEAR FROM MR. HARNESS FIRST AND THEN THE ADMINISTRATION. >> YES, AGAIN, COUNCILOR BORREGO, COUNCILOR BENTON, I APPRECIATE THE QUESTION. I THINK THAT THE LARGER DEBATE IS A DEBATE THAT I WOULD LIKE OUR AGENCY TO ENTERTAIN AS FAR AS WORKLOAD. WHAT YOU'RE DESCRIBING IS POLICING STRATEGIES AND PERFORMANCE BY THE DEPARTMENT. I'M NOT SURE THAT WE ARE BEST SERVED AS THE CPOA IN INVESTIGATIVE PERFORMANCE OF THE DEPARTMENT. AND POLICING DECISIONS. I BELIEVE WE'RE BETTER SERVED INVESTIGATING MISCONDUCT AND THAT IS OUR CHARGE UNDER THE CASE AAND UNDER THE ORDINANCE MFB MOVING INTO THE GRAYER AREAS AND WE'RE EXAMINING THE NEWLY PUBLISHED SYSTEM FROM THE DEPARTMENT WHICH WAS PUBLISHED ON THE 27th OF JULY, THEY HAVE CARVED OUT DEFINITIONS OF MISCONDUCT FOR PROGRESSIVE DISCIPLINE AND THEY'VE ALSO CARVED OUT PERFORMANCE MEASURES FOR PROGRESSIVE DISCIPLINE. IT WOULD BE MY HOPE THAT THE CPOA COULD FOCUS ON THE MISCONDUCT PORTION OF THOSE POLICIES AND LEAVE THE PERFORMANCE ASPECT TO THE DEPARTMENT AND COMMAND STAFF. >>COUN. BENTON: THANK YOU. I GUESS WE CAN HEAR FROM THE ADMINISTRATION. >>COUN. BORREGO: WHO IS GOING TO ADDRESS US FROM THE MAYOR'S CONFERENCE ROOM. >> THIS IS MS. NAIR, THE CHIEF ADMINISTRATIVE OFFICER. I WANTED TO CORRECT A MISSTATEMENT REGARDING THE NEGOTIATIONS. WE ARE IN ACTIVE NEGOTIATIONS WITH THE POLICE UNION. THERE WAS A LABOR MANAGEMENT BOARD DECISION THAT ADDRESSED THE ISSUE OF TIMELINES THAT WE NEEDED CERTAINTY ON BEFORE WE CONTINUE THE NEGOTIATIONS. WE RECEIVED THAT A WEEK AGO. AND HAVE BEEN ACTIVELY ENGAGED EVER SINCE. WITH THE LIMITS OF THE RULES GOVERNING NEGOTIATIONS WE'RE HAPPY TO TALK TO THE COMMITTEE ON WHICH I SIT. IT'S NOT MY JOB TO CONVENE IT. IF YOU'RE HAPPY TO CONVENE WE'RE HAPPY TO TALK ABOUT IT. COMMANDER BARKER IS CHECKING INTO THE STATEMENT REGARDING ARRESTS REGARDING THE LATE NIGHT RIOTS THAT HAPPENED DOWNTOWN LAST YEAR. WE'RE HAPPY TO PROVIDE ANY UPDATES. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. IT WAS NOT A MISSTATEMENT, WHAT I SAID WAS NEGOTIATIONS COMMENCED WITH THE APOA. OUR ACRONYMS ARE OFF BY A COUPLE LETTERS. THE APOA COMMENCED PRIOR TO THE CONVENING OF THE GUIDELINES. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON FOR THAT CLARIFICATION. MR. HARNESS, I HAVE A COUPLE OF QUESTIONS. WITH REGARD TO YOUR REPORTING AND I'M GOING BACK TO YOUR EARLIER STATEMENT ABOUT YOUR REPORT DOES NOT ALWAYS ALIGN WITH THE ACTIVITY THAT IS OCCURRING FOR THE INVESTIGATION, IT DOESN'T ALWAYS COME TO YOU IN A TIMELY FASHION, I UNDERSTAND THAT IN HAVING WORKED WITH THE CITY. IN YOUR REPORTING, I DIDN'T SEE ANY FOOTNOTING OR CLARIFICATION REGARDING THAT GRAY AREA, AND I'M SUGGESTING THAT IN THE FUTURE MAYBE THAT FOOTNOTE TO THAT EFFECT MAY HELP. THEN THE RORT LOOKS VY BLACK AND WHITE. LITERALLY, WE DID THIS AND MET THIS OBLIGATION OR WE DIDN'T MEET THE OBLIGATION. THE THINGS THAT FALL THROUGH THE CRACKS. I'M JUST SUGGESTING THA MAYBE SOMELARIFICATION REGARDING THAT MIGHT BE HELUL TO THE PUBLIC WHEN WE'RE READING AND TO E COUNCIL WHEN READING YOUR REPO. THAT MIGHT BE -- AND I UNDERSTAND THESE ARE SENSITIVE SUES THAT YOU CAN'T JUST DISCUSS OPENLY. I UNDERSTAND THAT. IF THERE WAS A WAY TO FLAG THOSE THINGS ORHOSE CASES THAT WOULD BE MORE CLARIFICATION. I HOPE TT -- THAT'S REALLY JUST SO ADCE, I GUESS. MAE IT WOULD HELP US LONG AS WE LOOK AT THESE. AS THE NEWSPAPER I REPORTING THEM TO THE PUBLIC. THANK YOU FOR UR SERCE AND R THE SERCE OF THE CPOA. I KNOW TY'RE VOLTEERS AND THIS IS VERY SENSITIVE WORKND FRAGE WORK I JU WAND TO OFFER THAT AS A THOUGHT IN MY THOUGHTS PROCESS. >> I'L DSZ ? >>'LL DISCUSS TH WH THE DATA ANALYST MOVING FORWARD. >>COUNBORREGO: THANKOU. ANY QSTIONS FOR MR. HARNESS. IF NO I WOULD LIKE TO MOVE -- DID I ALREADY MOVE THIS? WERE -- IF THERE ARENO OTH QUONS FROM THE COUNC WE'RE GOING TO ME TO AVOTE. COUN. BASSAN: YE. COUN. BENTON: YES. >>COUN. DAS: YES. >>COUN. GIBSON: S. >>UN. JONES: YES. >>CO. SENA: YE >>COUNRREGO: YES. THANK YOU, MS. TEGA WITHTHAT, WE' GOING TMOVE TO EC426. COUNLOR NTON, YOUEMOVED IS FROM THE AGENDA WOULD YOUIKE T CAR TIS FORWAR >>COUN. BEON: YES, TANK YOU, MAM PRESIDENT. FOR THEURPOSE OF DISCUSSIO I'LLPPROVAL OF THE EC426. >>COUN. BORREGO: TNK YOU, THE'S A MOON A A SECOND FROM COUNCILOR DAVIS >>UN. NTON:ADAM ESIDENT, I KNOW WE'VE GO A LONGEETI D BUT THISID COME UP AGAIN AS AN IMMIATECTION. TH SEEMS TO B ANOTHER NTRACT FOR A COMPANYHAT ALREADY HAS $7,0 CONTRAC BO OF WHI HAV DO WITH ADVISI US, I UNDERSTANIT, I'MSKING THEADMINIRATI, BUT ADVINGHE CY A T HOW WEPEND ARPA NE AT MY QUESTION KNOWGOT AOT OFAR MING . WE'VE HAD CILCTION ON SOME OF THE MONEY AND SO FORT WHAT IS LL ABOUT, DYOU NE TS LVEL OF HELP? >>COUN. BENTONTHANK YOU, COUNLOR NTON, WE'LL GO THE BUDGET CONFERENCE OM. >> CNCIL PRESENT, COUNCILOR BENT, THISONACT WILL PROVIDE CSULTING SERVICE TO THEITY NOT ONLY USE THE IN COMPLIANCE WITH THEVOLVING RULES AND GUINCE COMIN OUT FROM THE U.S. TREASURY AROUND THE USE TE AR FUNDS. IT'S VER SIMILAR T CONTRACT THAT WE HD THAT HPEDSH THEANAGEMENT AND MPLIANCE WI THE CARES ACT MEY AS WELL W FIMA. WE WENT TORFP JUNE 4th IN ORR TO LOOK FOR COMPETIVE PROSALS FOR E RVICES. WE RECEIVED SEVENROPOSPROPOSALS. YOU CAN SEE THE SEN DIFFENT MPANIES THAT PDE THE SERVICES. WE'RE LOOKING A COMPANY THAT HAS THE EXPERTISE I FERAL GRANTS AS WELL AS ERGEN AND DISAERECERYS WELL AS A PORTLIO OF CITIES AND STATES AT THEY A HIN EXPERIENC WITH PRODING SIMILAR SERVICES. THISILL OVIDE US WITH A PPT WE NEED FORTHE AMERICAN REUE PLAN FUN SIMILAR T WHAT WE HAD FOR THE CES ACTUNDS AND FI. >>UN. BENTON: THANK YOU, THAT HELPFUL. IF I CN FOLLO . IT A SERING FIGE BETWEEN THIS AND THETHER CONACTS THAT THI FI HAS O OR TW QUARTSF A MILLION DOLLARS. THIS IIN LINEITH WHAT OER CITIES HAVE PAID? HAVE WEOOKED INTO THAT AT ALL? >> CNCOR BORREGO, COUNCILOR BEON, I DON'T HAV COMPARATIVE DATA FOR U. I CERTAINLY COULD ASK THE COMPANY FOOMRATIVE DATA ABOUT WT OTHER CITIESUR SIZE AR PING F THESE KIN OF CONSULTATIVE SERVICES. I KNOWROM UP TENDING WEEY GFOA MEETINGSITH OTHER CITIES THAT ARE USING ARPA FDS THA QUITE A FEW OF THEM ARE USING THESE SERVICES TO HELP THEM. I DON'T KNOWHE AMOUNT, IYOU WOULD LIKE, I CERTAINLY ASK FOR COMPATIVE INFORMATION. >>COUN. NTON: THANK YOU. I THINK THAT WLD BEI. I DON'T DISCOUNT THE NEED TO CROSS ALL THE T'S AND DOT THE I'S. I'M SAYING IF WEOTHAT,OU BE A PROBLEM TO GE THIS TO THE NEXT MEETING TO GET THE INFORMATION? >> COUNCILOR BORREGO, COUNCIL BENT, WHAT WE'RE TRYING TO DO IS MAK SURE WE HAVE CONTINUITY OF SERVICES. OUR CURRENT CONACT WILL EXPIRE AT THE END OF THIS CALENR MONTH. WHAT WE'RE TRYING TO DO IS GET THE RFP AWARD APPROVED BY COUNCIL TONIGHT SO WE WOULD HAVE TIME TO GET THIS CONTRACT NEGOTIATED AND HAVE SERVICES IN PLACE BY OCTOBER 1. IF W DEFERRED THIS, THAT WOULD PUTS IN A CRUNCH. WE MAY HAVE TO THEN, IF WE CAN'T GET THE CONTRACT NEGOTIED AND SERVICESTARTED BY OCTOBER 1, THERE WOULD BE A GAP. HOW CRITICAL THAT GAB -- GAP ZRB THERE'S A FINAL RULE AND WE'RE WAITING FOR THE FINAL RULE ON ARPA TO COME OUT. I DON'T THINK IT WOULD BE CATASTROPHIC. BUT IT PUTS US IN A PLACE WHERE WE MAY HAVE A GAP IN SERVICES DURING A TIME WHERE WE'RE ACTIVELY IMPLEMENTING THE FIRST SET OF PROJECTS PER THE RESOLUTION THAT COUNCIL PASSED IN MAY. >>COUN. BENTON: I UNDERSTAND. THANK YOU. MADAM PRESIDENT I MOVE DEFERRAL REGARDLESS OF THIS POSSIBLE SHORT GAP. TO OUR NEXT COUNCIL MEETING. >>COUN. BORREGO: COUNCILOR DAVIS IS THAT A SECOND OR ARE YOU WAITING TO SPEAK? >>COUN. DAVIS: BOTH. I WOULD LIKE TO ADD A BRIEF QUESTION BEFORE WE MOVE TO A VOTE. >>COUN. BORREGO: GO AHEAD IF YOU HAVE A COMMENT. >>COUN. DAVIS: THANK YOU. AND THANK YOU FOR FOLLOWING UP ON THAT. IF WE'RE GOING TO DO DEFER THIS IT MIGHT BE BETTER INTEREST THE NEXT MEETING. THE CITY MANAGES SO MANY FEDERAL GRANTS. WE HAVE STAFF THAT DO NOTHING ABOUT THAT. I'M CURIOUS ABOUT WHAT IS DIFFERENT THAT THEY PROVIDE THAT OUR STAFF DON'T NORMALLY DO. I WONDER IF YOU CAN GIVE US AN EXAMPLE OF SOME OF THE WORK THEY'VE DONE UNDER THE PREVIOUS FEDERAL DOLLARS AND HOW THAT WAS BENEFICIAL TO THE CITY THAT COULD HAVE BEEN DONE BY THE EXCELLENT STAFF IN THE BUDGET OFFICE AND FINANCE TEAM. >> COUNCILOR DAVIS, A LITTLE BIT OF WHY THIS IS A BIT DIFFERENT THAN THE NORMAL CADENCE OF GRANTS THAT BOTH OUR DEPARTMENTS AND GRANT SECTION WITHIN OUR ACCOUNTING DIVISION HANDLES. TRADITIONALLY A GRANT COMES THROUGH AND IT HITS ONE DEPARTMENT. THE DEPARTMENT OFTENTIMES IS A VERY LARGE GRANT THAT ONES WE SEE AN ANNUAL BASIS. THERE'S EXPERIENCE WITH GUIDANCE AROUND THOSE GRANTS WELL AS PROGRAMTIC EXPERIENCE. WHAT'S DIFFERENT ABOUT THE COVID STIMULUS MONEY AND THE CARES ACT AND FIMA AND AMERICAN RESCUE PLAN. IT'S A LARGE AMOUNT OF MONEY AND LARGE PORTFOLIOS CREATED FOR THE PARTICULAR SITUATION AND IN THIS CASE TO RESPOND AND RECOVER TO THE PANDEMIC. PROGRAMS AND PROJECTS ARE BEING DESIGNED AND EXECUTED AND WITHOUT THE EXPERIENCE THAT WE'VE HAD IT GOES ACROSS DEPARTMENTS. WE PROBABLY HAVE AT LEAST TEN DEPARTMENTS THAT HAVE DIFFERENT PROJECTS WITH CARES ACT AND ARPA. IT'S A LEVEL OF COMPLEXITY AS WELL AS A NEED FOR US TO MAKE SURE THAT WE ARE WORKING WITH SOMEONE WHO IS ACTIVELY FOLLOWING ALL THE GUIDANCE AS IT COMES OUT. IT IS VERY DIFFERENT IN TERMS OF THE SCOPE AND SCALE OF WORK THAT'S DONE. SOME OF THE WORK THAT I THINK WAS VERY BENEFICIAL TO US IS -- I CAN COUNT IN MY EMAILS AT LEAST IN THE ORDER OF 200 EMAILS OR 300 EMAILS WHERE WE WERE ASKING THE CONSULTANT WE'RE READING THE GUIDANCE THAT THIS IS AN ELIGIBLE USE, PLEASE TAKE IT BACK TO YOUR TEAM AND LET US KNOW WHAT YOUR OPINION IS. WE'RE ASKING FOR THOSE GUIDANCE AND OPINION AS WE MOVE FORWARD. IT'S VERY HELPFUL FOR THEM TO SAY WE THINK IT'S CLEARLY AN ELIGIBLE USE OR THAT YOU MIGHT NEED TO ASK ADDITIONAL QUESTIONS TO THE U.S. TREASURY. ONE OF THE ACTIVITIES, IF YOU DON'T MIND THAT CONSULTANT DID ON CARES ACT, IS THEY CONDUCTED WHAT WE CALL THE PAYMENT REVIEW. THEY TOOK A SAMPLE OF THE PURCHASES AND EXPENSES WE MADE UNDER THE CARES ACT. FOR EXAMPLE UNDER PAYROLL OR SOME OTHER USE OF PPE, AND THEY ACTUALLY LOOKED AT ALL OUR DOCUMENTATION THAT WE HAD ABOUT THE PURCHASE. AND ACCOUNTING. THEY LOOKED AT EACH SAMPLE OF THE TRANSACTIONS AND GAVE US FEEDBACK ON WHETHER OR NOT THEY THOUGHT OUR DOCUMENTATION WAS UP TO SNUFF. WE'RE REALLY PREPARING FOR AN EVENTUAL AUDIT BY THE U.S. TRAEGS TRAEGS THE CONSULTANT MAKES SURE WE HAVE THE DOCUMENTATION AND CONTROLS IN PLACE TO MAKE SURE WE DON'T LOSE A PENNY. THERE'S NO EVENTUAL REFUND OF THE DOLLARS WE'VE USED. >>COUN. DAVIS: THANK YOU, I'LL LEAVE IT WITH THIS. I AGREE WE TAKE A DEFERRAL HERE. GIVEN THE RULES AREN'T FINAL AND WE WON'T BE SUBMITTING PAPERWORK. I THINK IT WOULD BE HELPFUL US TO UNDERSTAND HOW THIS PROCESS WORKS AND WHAT VALUE THEY'RE BRINGING. I TOTALLY UNDERSTAND WHY THE DEPARTMENT FEELS LIKE THIS IS NECESSARY. AGAIN, IF THE CONSULTANT IS AFFIRMING OR GIVING THEIR PROFESSIONAL ADVICE I'M CURIOUS IF THE CONTRACT HAS SOME GUARANTEES SO IF THEY GIVE US BAD ADVICE OR LEAD US DOWN SOME PATH AND THAT DOLLARS WERE DETERMINED INELIGIBLE HOW DO WE ACCOUNT FOR THAT, WHO TAKES RESPONSIBILITY FOR REIMBURSEMENT FOR THE EXPENDITURE SINCE IT'S NOT PREAPPROVAL. I UNDERSTAND WHY THERE MIGHT BE AN ADVICE. IT DOES SEEM LIKE AN AWFUL LOT OF MONEY. I'M NOT SURE WE HAVE A TEAM OF LOBBYIST TO DO SOME OF THIS. I WANT TO BE SURE WE'RE USING THE RIGHT SERVICES FOR THE RIGHT FOLKS. I SUPPORT A DEFERRAL JUST SO WE HAVE CHANCE TO LEARN MORE. I THINK WE COULD BE MOVING FORWARD IN DESIGNING THE CONTRACT IN PARALLEL AND GOOD FAITH WITH THE VENDOR ALREADY IN CONTRACT. >>COUN. BORREGO: COUNCILOR DAVIS, THANK YOU. I'M GOING TO COUNCILOR GIBSON. >>COUN. GIBSON: THANK YOU, MADAM PRESIDENT. ACTUALLY, I MAY HAVE MISSED SOMETHING. IF I DID I APOLOGIZE. I MUST ASK WHY DID THIS NOT COME TO US SOONER? IF THIS WAS -- YOU KNOW I'M NOT DISPUTING THE FACT THAT PROBABLY HAVING SOMEONE LIKE THIS TO KEEP US ON THE STRAIGHT AND NARROW AND MAKE SURE WE'RE NOT AT RISK WHEN COMES TO THESE LARGE SUMS, BUT WHY DIDN'T WE GET THIS LAST MONTH? >> COUNCIL PRESIDENT, COUNCILOR GIBSON, WE FELT THAT WE STARTED THIS PROCESS EARLY ENOUGH. THE RFP PROCESS IS LENGTHY. GIVEN YOU HAVE TO CRAFT THE RFP AND POST IT AND GET YOUR RESPONSES, IN THIS CASE WE RECEIVED SEVEN. THAT'S TAKES TIME FOR THE EVALUATION COMMITTEE TO REVIEW AND EVALUATE. WE HAVE A PROTEST PERIOD AND THAT WE HAVE TO GO THROUGH. AND WE GET IT TO YOU. UNFORTUNATELY, JULY BECAUSE OF THAT RECESS WASN'T A TIME FOR US TO GET THIS TO YOU EARLIER. WE WERE TRYING TO TIME THIS TOWARD THE END OF OUR CURRENT CONTRACT. WE'RE PRETTY CLOSE TO DOING THAT. OUR RFP PROCESS TAKES TIME TO GET DONE. WE DID GET THE VALIDATION THAT YOU'RE GOING TO GET MONEY IN MAY. WE STARTED AS SOON AS WE COULD AFTER THAT. >> COUNCILOR GIBSON, COUNCIL PRESIDENT, I'D LIKE TO ALSO STATE THAT DURING THE PANDEMIC AND WHAT WE STARTED WITH THESE ARE NEW PROCESSES THAT WE'RE WORKING THROUGH. LIKE I SAID EARLIER, SOMETIMES YOU RUN INTO HICCUPS WITH THESE PROCESSES AS WE TRY TO DO THIS BY DOCU SIGN. IT IS A NEW PROCESS. NOT EVERYBODY IS AN EXPERT IN IT. SOME DEPARTMENTS GOT GOOD AT IT BECAUSE THEY SEND STUFF. OTHERS DON'T SEND AS MUCH. JUST DEPENDS. PART OF IT IS THE RFP PROCESS. IT'S ALL THE DIFFERENT PROCESSES IN THE CITY SO WE CAN GET CONTRACTS SIGNED. >>COUN. GIBSON: I UNDERSTAND. THAT'S WHY WE HAVE PHONES. YOU PICK UP THE PHONE AND BUG THE NEXT PERSON IN LINE. AS I SAY, THIS IS NOT ROCKET SCIENCE. IT'S NEARLY A NEW APPLICATION. YOU KNOW, MADAM PRESIDENT, I WOULD JUST LIKE TO VOICE MY PREFERENCE FOR THIS TO GO THROUGH FGO. THIS IS A VERY IMPORTANT CONTRACT. I WOULD FEEL MUCH BETTER TO HAVE ANOTHER COMMITTEE'S EYES ON IT BEFORE IT COMES TO COUNSEL. >> MADAM PRESIDENT, COUNCILOR GIBSON, THERE IS AN FGO AT THE END OF THE MONTH. IF WE WERE TO DO THAT IT GOES TO FGO, IF WE FOLLOW THE REGULAR RULES IT GOES TO THE FINA MEET{ING AND FINAL ACTION WOULD BE THE SECOND MEETING IN OCTOBER. THE CURRENT PROCESS AND COUNCIL TIMELINE BECAUSE FGO IS AT THE END OF THE MONTH, IT WOULD PUT US IN A TOUGH SITUATION. >>COUN. GIBSON: IT COULD ACTUALLY GO OUT OF FGO POSSIBLY WITH IMMEDIATE ACTION AND THEN WE WOULD BE HEARING IT THE FIRST MEETING OF OCTOBER. >>COUN. BORREGO: I HAVE A QUESTION REGARDING WHAT COUNCILOR GIBSON IS ASKING. OUR FGO MEETING NEXT WEEK IS CANCELED. IT WOULD HAVE TO BE THE SECOND FGO OF THE MONTH. DOES THAT GIVE US TIME TO INITIATE THIS CONTRACT IN EARLY OCTOBER AS DISCUSSED? >> MADAM PRESIDENT, MEMBERS OF THE COUNCIL, SENDING IT TO FGO AND IF WE DON'T GET FINAL ACTION OUT OF FGO, YOU'RE LOOKING AT NOT GETTING THE EC APPROVED UNTIL THE SECOND MEETING IN OCTOBER. JUST WANT TO BRING THAT TO THE ATTENTION OF THE COUNCIL AS THEY MAKE THE DECISION. >>COUN. BORREGO: I WANT TO ASK A FOLLOW UP QUESTION, BEFORE I GO TO THE OTHER COUNCILORS THAT HAVE THEIR HANDS RAISED. THERE'S A NUMBER THAT HAVE THEIR HANDS RAISED. ARE WE VIOLATING ANY DEADLINES IF WE SEND IT TO THE SECOND -- IF WE INITIATE THIS IN MID-OCTOBER? >> COUNCIL PRESIDENT, AS I WAS SAYING, WHAT WE'RE TRYING TO DO IS EITHER AVOID OR MINIMIZE THE GAP IN TIME BETWEEN THE CURRENT CONTRACT AND THE NEW CONTRACT. IF THIS WENT TO FGO AND BACK TO COUNCIL WE PROBABLY WOULDN'T HAVE THIS IN THE NEW CONTRACT UNTIL MID-TO LATE OCTOBER WHICH GIVES US A TWO OR THREE WEEK GAP. WE PREFER NOT TO HAVE THE GAP BECAUSE WE WOULD LIKE TO CONTINUE, ESPECIALLY SINCE WE ARE RIGHT IN THE MIDDLE OF USING THE FUNDS THAT WERE APPROPRIATED. WE COULD POSSIBLY BE IN A PLACE WHERE WE MAKE A DECISION WITHOUT THE CONSULTATION OF THE CONTRACTORS. THAT'S REALLY THE IMPACT OF DELAYING THIS FURTHER. >>COUN. BORREGO: THANK YOU. I'M GOING TO GO TO COUNCILOR JONES AND TO COUNCILOR BENTON. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. WE CAN'T POSSIBLY DO THIS TOO FAST. WE JUST VOTED ON THREE IMPORTANT THINGS THAT WERE BROUGHT TO US FOR IMMEDIATE ACTION AND IT HAPPENED. I DON'T BELIEVE HEAR THIS AT FGO THE SECOND MEETING OF SEPTEMBER AND ASK FOR IMMEDIATE ACTION WE CAN DO IT THE FIRST MEETING OF OCTOBER AND WE'LL GET THERE IN THE TIME FRAME YOU WANT. AND WE CAN ASK FOR IMMEDIATE ACTION ON BOTH OF THEM. I UNDERSTAND THE CONCERN AND I UNDERSTAND IT'S EASIER AND CERTAINLY LESS STRESSFUL TO DO SOMETHING IN A LONGER MATTER. WE'VE JUST PROVEN BY VOTING FOR ISSUES BROUGHT TO THE COUNCIL WITHOUT GOING TO COMMITTEE AND TO IMMEDIATE ACTION. I WILL ALSO SUPPORT HEARING THIS AT FGO AT THE SECOND MEETING IN SEPTEMBER AND MOVING IT THEN IF WE APPROVE FOR IMMEDIATE ACTION THE FIRST MEETING IN OCTOBER. THANK YOU, MA'AM. >>COUN. BORREGO: COUNCILOR BENTON. >>COUN. BENTON: YES, I STAND BY MY MOTION TO DEFER THIS TO LESS THAN TWO WEEKS FROM NOW. I THINK IT'S BEEN WELL-EXPLAINED WHY WE NEED THESE SERVICES. MY INITIAL QUESTION HAD TO DO WITH WHETHER WE ARE GETTING A COMPETITIVE DEAL WITH WHAT OTHER CITIES ARE GETTING WITH SIMILAR SERVICES. UNDER NORMAL CIRCUMSTANCES I WOULD NOT OBJECT TO THIS GOING TO FGO. I THINK THE MOTION ON THE FLOOR IS ABOUT DEFERRAL. >>COUN. BORREGO: WE HAVE A MOTION AND A SECOND RIGHT NOW FOR DEFERRAL. COUNCILOR BASSAN, BEFORE WE ACT ON THE MOTION I DIDN'T SEE COUNCILOR BASSAN'S HAND UNTIL JUST NOW. I KNOW YOU'RE THE CHAIR OF FGO, WE COULD HAVE A SPECIAL MEETING. I KNOW THAT'S A POSSIBILITY. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. I WAS WANTING TO ASK THE QUESTION TO CLARIFY. THIS CONSULTANT IS TO CONFIRM THAT WE ARE MAKING GOOD CHOICES WITH OUR SPENDING IN COMPLIANCE WITH THE FEDERAL GOVERNMENT? >> COUNCILOR BASSAN, YES I WOULD AGREE WITH THAT. >>COUN. BASSAN: OKAY, THANK YOU. NO SPECIAL MEETING, THANK YOU, MADAM PRESIDENT. >>COUN. BORREGO: THANK YOU, COUNCILOR BASSAN, I THOUGHT I'D ASK THE QUESTION. WE HAVE A MOTION AND A SECOND TO DEFER THIS. WE WILL GO TO MS. ORTEGA FOR THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: NO. >>COUN. JONES: YES. >>COUN. PEÑA: NO. >>COUN. SENA: YES. >>COUN. BORREGO: NO. >> THAT MOTION PASSES ON A 5-3 VOTE. >>COUN. BORREGO: THANK YOU, COUNCILORS, THIS HAS BEEN DEFERRED. IT PASSES ON A 5-3 VOTE. WE'RE GOING TO MOVE ON TO ANNOUNCEMENTS. BEFORE WE GO TO ANNOUNCEMENTS, WE'RE GOING TO TAKE A BREAK. JUST SO THE PUBLIC UNDERSTANDS, AFTER ITEM NUMBER 13, PRIOR TO FINAL ACTIONS WE'LL TAKE A 20 MINUTE BREAK AND COME BACK FOR FINAL ACTIONS. COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT, THE MEETING ON SEPTEMBER 13th IS CANCELED. THE MEDICAL EXAM IS MONDAY SEPTEMBER 27th AT 3 P.M. VIA ZOOM. >>COUN. BORREGO: THANK YOU, COUNCILOR BASSAN. COUNCILOR SENA. >>COUN. SENA: THANK YOU, MADAM PRESIDENT, THE PUBLIC SAFETY COMMITTEEING ON TUESDAY SEPTEMBER 14th IS CANCELED. >>COUN. BORREGO: THANK YOU, COUNCILOR SENA. >>COUN. JONES: MADAM PRESIDENT, MY SCREEN JUST WENT BLANK. >>COUN. BORREGO: I'LL READ IT FOR YOU. THERE WILL BE A LAND USE PLANNING AND ZONING MEETING ON WEDNESDAY SEPTEMBER 15th AT 3 P.M. VIA ZOOM. >>COUN. JONES: THANK YOU. >>COUN. BORREGO: WITH THAT, WE'LL MOVE TO OUR PUBLIC HEARINGS. AC21-9. NOB HILL NEIGHBORHOOD ASSOCIATION APPEALS THE ZONING HEARING EXAMINER'S DECISION. >> THANK YOU, MADAM PRESIDENT, COUNCILORS, THIS MATTER WAS BEFORE YOU AT YOUR LAST MEETING FOR YOU TO CONSIDER WHETHER OR NOT TO ADOPT THE FINDINGS AND RECOMMENDATION OF THE LAND USE HEARING OFFICER. THE COUNCIL DECLINED AT THE TIME TO ADOPT THOSE FINDINGS AND RECOMMENDATION IN FAVOR OF HEARING A FULL HEARING AT THIS MEETING. JUST TO GIVE YOU AN OVERVIEW AND YOU HAVE AN OPPORTUNITY TO HEAR FROM THE PARTIES. IT'S WHETHER A WALL VARIANT SHOULD BE APPROVED. THE JUSTIFICATION PRESENTED TO THE DHE IS IT HELPS MITIGATE IMPACT FROM NONRESIDENTIAL ACTIVITIES ON THE STREET ADJACENT TO THE SUBJECT PROPERTY. THE RECORD SUGGESTIONS THERE ARE LOADING AND OTHER STREET ACTIVITIES THAT PRESENT UNIQUE IMPACTS ON THIS PARTICULAR PROPERTY AND THAT ALLOWING AN ADDITIONAL THREE FEET IN HEIGHT ON THE FENCE ALONG SILVER AND RICHMOND WOULD HELP MITIGATE SOME OF THE IMPACTS ON THE PROPERTY. HOWEVER, THE NOB HILL NEIGHBORHOOD ASSOCIATION APPEALED THE DECISION OF THE ZONING HEARING EXAMINER ON SEVERAL GROUNDS. INCLUDING THAT IT DOES NOT BELIEVE THE SUBJECT PROPERTY IS UNIQUELY BURDENED AS COMPARED TO OTHER PROPERTIES IN THE AREA. THE LAND USE HEARING OFFICER DID HEAR THIS MATTER AND DPID RECOMMEND THE ZONING BE A. YOU'RE GOING TO HEAR FROM THE PARTIES TONIGHT TO DETERMINE WHETHER OR NOT THE ZONING HEARING EXAMINER SHOULD BE AFFIRMED. YOU'RE GOING TO BE LOOKING AT THAT DECISION TO DETERMINE NOT NECESSARILY WHETHER OR NOT SITTING IN THE ZONING YOU WOULD HAVE COME TO THE SAME CONCLUSION, ONLY WHETHER OR NOT THEY ACTED FRAUDULENTLY OR WAS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE OR APPLIED SOME POLICY OF THE DEVELOPMENT ORDINANCE. YOU'LL HEAR ARGUMENTS FROM THE NOB HILL NEIGHBORHOOD ASSOCIATION WHO IS THE APPELLANT IN THIS MATTER FOLLOWED BY A PRESENTATION BY THE PROPERTY OWNER REQUESTING THE VARIANCE. THERE IS TIME TO HEAR FROM THE PLANNING DEPARTMENT. THAT USUALLY ONLY HEARS IN THE MORE COMPLEX APPEALS. THEY'LL ALSO BE AN OPPORTUNITY FOR REBUTTAL BY THE NOB HILL NEIGHBORHOOD ASSOCIATION TO CLOSE OUT THE APPEAL AND AFTER THAT TIME YOU CAN DELIBERATE AND DISCUSS. YOU'RE NOT PERMITTED TO TAKE NEW EVIDENCE. THERE HAVE BEEN SEVERAL HEARINGS AND ALL THE EVIDENCE SHOULD BE COMPLETE. YOU'LL MAKE YOUR DECISION BASED ONLY ON THE ARGUMENTS AND EVIDENCE IN THE RECORD BEFORE YOU. >>COUN. BORREGO: THANK YOU. ARE THERE QUESTIONS OF COUNCILORS FOR HIM? WITH THAT, I'M GOING TO READ, THIS IS FOR THE PRESENTERS. ALL PRESENTERS OTHER THAN ATTORNEYS MUST BE SWORN IN. THE PARTIES ARE ALLOWED TO CROSS EXAMINE ONE ANOTHER. ALL OF THOSE WHO WILL TESTIFY PLEASE STAND -- PLEASE RAISE YOUR RIGHT HAND. I SEE ONE INDIVIDUAL. MS. WALKER, ARE YOU IN THE ROOM? IF SHE JOINS US WE'LL SWEAR HER IN. DO YOU SWEAR TO TELL THE TRUTH? >> ABSOLUTELY. >>COUN. BORREGO: THANK YOU, SIR. THERE SHE IS. MS. WALKER, DO YOU SWEAR TO TELL THE TRUTH? >> YES, DO. >>COUN. BORREGO: JUST A COUPLE OF GROUND RULES, EIGHT MINUTES FOR PRESENTATIONS FROM APPELLANTS, THAT IS THE NOB HILL NEIGHBORHOOD ASSOCIATION. TEN MINUTES FOR PRESENTATION FROM APPELEE GARY HOFFMAN. AND WE DO NOT HAVE COMMENTS FROM THE CITY PLANNING STAFF. WE HAVE COUNCILORS THAT ARE ALLOWED TO ASK QUESTIONS. TEN MINUTES FOR REBUTTAL FOR THE APPELLANT, IF ANY. WITH THAT, WE'LL MOVE TO OUR DELIBERATION. WE WILL BE TIMING YOU AS YOU'RE SPEAKING. WHEN MR. MOYA CUTS YOU OFF YOU'LL KNOW YOUR TIME IS UP. >> BEFORE YOU BEGIN MY TIME, MADAM PRESIDENT, HE TALKED ABOUT NEW EVIDENCE, IS IT OKAY IF I SHARE MY SCREEN AND SHOW A PIECE OF THE IDO INTERACTIVE MAP? >> STUFF THAT'S IN THE PUBLIC REALM LIKE THE IDO AND THE HAS INCORPORATED IS NOT NEW EVIDENCE IN THE SENSE OF SOMEBODY INTRODUCING TRAFFIC ACCOUNTS FOR EXAMPLE. THAT IS WITHIN THE REALM OF WHAT YOU CAN DISCUSS TODAY. >> THANK YOU. I HAVE A FOLLOW UP, I HAVE AN IMAGE OF COLONEL KB SELLERS WHO PLANTED UNIVERSITY HEIGHTS IN 1916. THAT'S PUBLIC RECORD. MAY I PROJECT THAT AT SOME POINT? >> IT'S UNRELEVANT, BUT TO THE EXTENT IT'S NOT AN ISSUE. >> THANK YOU, SIR. IN THAT CASE, MAY I SHARE MY SCREEN? >>COUN. BORREGO: YES, YOU MAY. WE'LL START YOUR TIME AS SOON AS YOUR SCREEN COMES UP. >> OKAY. IS THAT WORKING, MADAM PRESIDENT? >>COUN. BORREGO: YES. >> OKAY, I'M READY FOR YOU TO BEGIN. THANK YOU, MADAM PRESIDENT. THANK YOU, COUNCILORS. I'M GARY, I'M PRESIDENT OF THE NOB HILL NEIGHBORHOOD ASSOCIATION. THEY HEARD THIS REQUEST TWICE APPLYING THE FIVE PRONG TEST FOR REVIEWING DECISION OF VARIANCE. AT THE FIRST HEARING HE FOUND THE APPLICANT DID NOT ESTABLISH SPECIAL CIRCUMSTANCES APPLICABLE TO THE SUBJECT HE DENIED THE VARIANCE. APPLICANT APPEALED, AFTER LUHO REMAND AT THE SECOND HEARING, THE ZHE FOUND THE APPLICATION, NOT THE FIVE PRONGS AND GRANTED THE VARIANCE. WE HAVE APPEALED THIS DECISION FOR SIX REASONS. WE'LL FOCUS ON TWO OF THOSE TODAY. THE FIRST IS IDO PRONG ONE, THERE ARE SPECIAL CIRCUMSTANCES THAT ARE NOT SELF-IMPOSED THAT DO NOT GENERALLY APPLY TO OTHER PROPERTY IN THE SAME ZONE. INCLUDING SIZE, SHAPE, TOP AUGRAUF. I'M PROJECTING THE MAP OF THE AREA. AND ALONG THE TOP, I CAN USE MY ARROW, YOU SEE CENTRAL AVENUE. AND YOU SEE GERARD BOULEVARD AND CARLISLE. THIS IS THE PORTION OF CENTRAL THAT HAS LOTS OF BUSINESSES. HERE'S NANNY'S AND B TO B BURGER. NOB HILL BAR AND GRILL. KELLY'S. FLYING STAR, NOB HILL SHOPPER CENTER. HERE IS SILVER AVENUE. HERE'S THE SUBJECT AT THE CORNER OF RICHMOND AND SILVER. THERE ARE 14 CORNER LOTS. ON THE SOUTH SIDE OF SILVER BETWEEN GIRARD AND CARLISLE. 12 ARE DEVELOPED. THEY'RE BUILT IN THE 20s TO THE 30s AS HOUSES. BEFORE THE IDO THEY WERE ZONED OR, THEY'RE NOW MXT. TWO ARE VACANT. THEY'RE ALL MXT, THERE THE SAME SIZE SHAPE. THEY'RE ALL FLAT. THEY'RE ALL IN THE SAME VICINITY AND HAVE THE SAME SURROUNDINGS. IN THIS NOTICE OF DECISION THEY FOUND APPLICANTS SUBMITTED EVIDENCE THAT 18-WHEEL TRUCKS AND OTHER LARGE DELIVERY TRUCKS UTILIZE THE SILVER AVENUE CURB NEXT TO THE SUBJECT AS PARKING FOR DELIVERY. HE GOES ON, NEIGHBORS, HE MEANS OUR ASSOCIATION ARGUED THESE USES APPLY TO OTHERS IN THE VICINITY. HE SUBMITTED EVIDENCE THAT THESE USES FALLS DISPROPORTIONATELY ON THE SUBJECT BECAUSE IT'S ONE OF THE FEW MXT ZONE PROPERTIES USED FOR RESIDENTIAL PURPOSES. COUNCIL, WE ASSERT THAT THE ZHE ERRORED IN REPEATING APPLICANT STATEMENT THAT THE SUBJECT IS ONE OF MXT ZONE PROPERTIES IN THE VICINITY USED FOR RESIDENTIAL PURPOSES. HE DID NOT VERIFY THE FACT THAT THE CITY DIRECTORY INDICATES THAT OF THE 12 LOTS THREE HAVE NO RESIDENCE, FOUR ARE FULLY RESIDENTIAL, AND FIVE HAVE BOTH USES. IF NINE OF THE SIMILAR LOTS IN THIS VICINITY WITH SAME SURROUNDING HAVE RESIDENTIAL USES, HOW IS ONE OF THEM EXCEPTIONAL AND WHICH ONE IS IT? THE NOTICE OF DECISION SAYS THE LOCATION OF THE SUBJECT IS A CORNER LOT ADJACENT TO THE USES MAKES SUCH USES EXTREMELY HARMFUL. ASK YOURSELF WHY DO YOU THINK THAT THIS CORNER IS OF PARTICULARLY DIFFERENT FROM THESE OTHER CORNERS AS A PLACE TO UNLOAD A TRUCK? THE SUBJECT PROPERTY DOES NOT MEET PRONG ONE. THIS IS SUFFICIENT YOU TO AFFIRM OUR APPEAL. FOR THE GOOD LONG-TERM GOOD OF THE CITY WE ALSO APPRECIATE YOUR ATTENTION TO OUR REASON ELATED TO PRONG THREE. THE VARIANCE DOES THOUGHT CAUSE SIGNIFICANT MATERIAL IMPACTS ON SURROUNDING PROPERTIES. NOW, IF I MAY AM ABLE TO DISPLAY THIS. IT MAY OR MAY NOT BE RELEVANT. THIS IS THE COLONEL SELLERS THAT PLOTTED THIS IN 1916, THE SAME TIME WHEN ALBUQUERQUE'S RAIL YARD WAS BUILT. ARCHITECTUREAL HISTORIANS TEACH US THAT HISTORIC NEIGHBORHOODS CONTINUE TO PORTRAY ARCHITECTURE PRINCIPLES OF THEIR PERIOD OF DEVELOPMENT. WHEN THIS ADDITION WAS BUILT IN THE 20s, 30s AND 40'S, IT WAS STRAIGHT FORWARD. THESE PRINCIPLES BUILD OUR STREET SCAPE. THAT'S THE VALUE OF A HISTORIC NEIGHBORHOOD. THE FACADES OF HOUSES AND HOW THEY RELATE TO THE COMPREHENSIVE PLANS. PRESERVING HISTORIC ASSETS IS OUR SHARED HERITAGE AND MULTI-LAYERED IDENTITIES THAT CONTRIBUTED TO THE RICH SENSE OF PLACE. HISTORIC STREET SCAPES ARE A HISTORIC ASSET. REINFORCING OUR HERITAGE AND ENRICHING THE SENSE OF PLACE. THEY GROUND OUR CHILDREN AND THEIR CHILDREN AND THE CHILDREN THAT COME AFTER THEM IN ARCHITECTURE PRACTICE OF THE EARLY 20th CENTURY, BUT THEY'RE FRAGILE. WE THINK OF THE ALBUQUERQUE HIGH LOSS PRESERVED WITH CITY GOVERNMENT WE THINK OF THE RAIL YARD BE REPURPOSED WITH SUPPORT FROM CITY GOVERNMENT. YOU CAN SUPPORT STREET SCAPES. WE ARGUED THIS THAT HISTORIC CHARACTER IS ENORMOUS VALUE TO PROPERTY OWNERS IN NOB HILL. THEIR WRITTEN DECISIONS INDICATE WE'RE TALKING PAST ONE ANOTHER. THEY EXPLORED WHETHER THE NEIGHBORHOOD IS A CITY LANDMARK OR LISTED ON THE NATIONAL REGISTER. NO, IT'S NOT. NOT YET. IT'S STREETSCAPE IS A HISTORIC RESOURCE OF GREAT VALUE. YOU ARE THE ZONING AUTHORITY OF ALBUQUERQUE. IT'S RIGHT FOR YOU TO ASK THOSE TO WHOM YOU DELEGATE POWER TO WEAR NOT JUST THEIR LAWYER HATS BUT REMEMBER TO PUT ON PLANNER HATS. THE SIX-FOOT WHITE VINYL FENCE IN THIS REQUEST BUILT WITHOUT PERMIT DOES THOUGHT REFLECT THE ARCHITECTURE PRINCIPLES OF EARLY 20th CENTURY ALBUQUERQUE. THEREFORE IT DAMAGES THE HISTORIC STREET SCAPE, CAUSING SIGNIFICANT MATERIAL ADVERSE IMPACTS ON SURROUNDING PROPERTIES. THE SPECIAL CIRCUMSTANCES CITED BY THE EXAMINER APPLY TO A NUMBER OF OTHER PROPERTIES IN THE SAME ZONE DISTRICT AND VICINITY. THE RESIDENTIAL USE IS NOT UNIQUE. THE LOCATION IS NOT A UNIQUE PLACE TO UNLOAD TRUCKS. THE HEARING EXAMINER ERRORED IN APPLYING THE REQUIREMENTS TO THE IDO WITH RESPECTS TO PRONGS ONE AND THREE. >>COUN. BORREGO: YOUR TIME SUP. >> IT'S FITTING YOU AFFIRM OUR APPEAL. >>COUN. BORREGO: THANK YOU SO MUCH. WE WILL MOVE ON TO OUR NEXT PRESENTER. MS. WALKER. YOUR TIME -- WE WILL ALSO LET YOU ANY WHEN YOUR TIME UP. >> OKAY. >>COUN. BORREGO: ARE YOU AN APPELLANT? >> I AM THE AGENT FOR GARY HOFFMAN. >>COUN. BORREGO: YOU HAVE TEN MINUTES. >> PERFECT. THANK YOU VERY MUCH, MADAM PRESIDENT. GOOD EVENING TO EVERYONE, I WANT TO GO OFF TRACK FROM MY NOTES SO I CAN TOUCH BASES ON A COUPLE OF THINGS THAT HE POINTED OUT. I THINK THE CONTEXT THAT HE TOOK THE EXAMINER'S STATEMENT WAS A LITTLE CHOPPY. I THINK IT WAS TAKEN IN PORTIONS BECAUSE THAT SAME STATEMENT GOES ON TO SAY THAT YES THERE ARE 12, YES THERE ARE 8 THAT ARE ZONED RESIDENTIAL AND FOR BUSINESS. BUT THERE'S ONLY FOUR IN THE NEIGHBORHOOD THAT ARE STRICTLY RESIDENTIAL. JUST LIKE THE PURPOSE OF THIS PROPERTY. THIS PROPERTY IS STRICTLY RESIDENTIAL. WHEN YOU'RE EVEN THINKING THE NEXT CORNER OVER AND YOU'RE TALKING TRUCKS MAKING DELIVERIES, WELL THE NEXT CORNER OVER IS A COFFEE SHOP. THEY WOULD EXPECT TRUCKS TO MAKE DELIVERIES THERE. I THINK THAT WAS TAKEN OUT OF CONTEXT. I JUST WANTED TO CLARIFY THAT BEFORE I STARTED. I JUST WANTED TO GIVE A LITTLE BACKGROUND ON THE PROPERTY. THIS IS THE HOFFMAN FAMILY. THIS YEAR MAKES 50 YEARS THEY OWNED THE PROPERTY. THIS IS THE FIRST TIME THE PROPERTY HAS HAD REAL CHANGE SINCE 1971 WHEN THE PROPERTY WAS ACQUIRED. AS WE KNOW TIMES HAS CHANGED ALBUQUERQUE HAS CHANGED. IT WAS ERECTED OUT OF HERE. OUT OF NECESSITY AND OUT OF DESPERATION ALMOST. BUT NONETHELESS, IT WAS CONSTRUCTED LEGALLY AND MEETING ALL THE PRONGS AND REQUIREMENTS OF THE IDO. TO TOUCH ON THAT A LITTLE BIT, I WANT TO TALK ABOUT THE SPECIAL CIRCUMSTANCES. THERE ARE MORE DYNAMICS TO OUR SPECIAL CIRCUMSTANCE REQUEST THAT WAS ACTUALLY ADDRESSED IN OUR APPEAL PROCESS. THERE WAS A LOT MORE TO THAT. YES, IT WAS THE TRUCK AND THE UNLOADING AND THE IDLING AND WE SUBMITTED A MULTITUDE OF PROOF, DOCUMENTS, LETTERS FROM DOCTORS, BUZZ BECAUSE THE GENTLEMAN WE'RE TALKING ABOUT IS 65 YEARS OLD. ONE IS THREE YEARS IN REMISSION FROM CANCER AND THE OTHER IS IN TREATMENT FOR BONE CANCER. LIKE THE COUNCIL WHO WAS SPEAKING ABOUT THAT TOUCHED HOME BECAUSE THAT'S WHAT THEY'RE DEALING WITH. WHEN YOU COME OUT AND YOU HAVE PEOPLE ASLEEP ON YOUR PORCH OR DEFECATING IN YOUR YARD AND PEOPLE USING YOUR WATER HOSE AND LEAVING IT RUNNING, IT BECOMES DIFFICULT. IT REALLY BECOMES DIFFICULT. WHEN YOU TALK ABOUT APPROACHING THESE PEOPLE THERE'S BEEN SO MANY INCIDENTS WITH HOMELESS PEOPLE AND DRUNK PEOPLE BECAUSE IT IS A TRANSITION ZONE. THAT IS THE REASON IT'S ZONED MXT. DIRECTLY TO THE LEFT, THE PROPERTIES ALL THE WAY NEXT PAST THE FREEWAY ARE ZONED MXT. THEY'RE WITH ALL THE BUSINESSES AND RESTAURANTS. BECAUSE OF THE ART PROJECT THAT MADE A BIG CHANGE IN THE THINGS WE'RE ABLE TO HAPPEN ON CENTRAL. BEFORE THE ART PROJECT THEY WERE ABLE TO UTILIZE THE MEDIANS AND STUFF LIKE AND PULL UP AND MAKE DELIVERIES FROM THE FRONT. NOW THAT'S NOT POSSIBLE BECAUSE WE HAVE THE ART STATION AND THE ART LANES. IF YOU'RE NOT ABLE TO ACCESS A BUSINESS FROM THE FRONT, NATURALLY THEY HAVE TO MAKE DELIVERIES AND THEY'RE GOING TO DO IT FROM THE BACK. THAT'S WHERE WE COME IN. WHEN YOU'RE NOT ABLE TO SIT OUT IN FRONT AND HAVE A CUP OF COFFEE BECAUSE THE TRUCKS ARE IDLING, LOADING, UNLOADING, THE FUME AND NOISE. IN THE EVENING YOU HAVE TO DEAL WITH THE VIOLENCE AND DANGER. THERE WERE A LOT MORE THINGS THE SPECIAL CIRCUMSTANCES CONSISTENTED OF. LIKE I SAID, THERE ARE TRUCKS. THERE IS THE VIOLENCE AND OPENNESS OF THE YARD AND LOICATION IT'S IN. I WANTED TO REFER BACK TO ONE PORTION OF THE IDO AND IT'S GOING TO BE PART 14-16-2. IT'S GOING TO BE EVEN MORE SPECIFIC 2-4A1. I'M NOT GOING TO GIVE INTO THAT. I'M GOING TO GO OVER IT. IT GIVES THE EXPLANATION. IT SAYS THAT IT IS A TRANSITION ZONE. IT'S A BUFFER ZONE. THAT'S THE PURPOSE OF IT. WE UNDERSTAND THAT. WE ACCEPT THAT. BUT ALL WE'RE ASKING FOR IS SOME SORT OF A PERSONAL BARRIER FROM THAT TO BE ABLE TO ENJOY THE RESIDENTIAL PROPERTY. IT'S BEEN SITTING OUT THERE A LOT OF YEARS HAVING CUPS OF COFFEE TO JUST END THAT BY NO MEANS OF YOUR OWN. WE NEVER INTENDED ON BEING COMPENSATED BY THE CITY BECAUSE THAT WAS THE COST OF DOING BUSINESS. THERE'S LOT OF THINGS PLANNED OUT WHEN THINGS ARE HAPPENING, BUT THERE'S A LOT OF THINGS THAT DON'T COME INTO ACCOUNT UNTIL AFTER THE FACT. YOU KNOW THAT'S THE COST OF DOING BUSINESS. WE UNDERSTAND THAT. WE ALSO WANT TO EMPHASIZE THAT THE IDO HAS TO STAND FOR SOMETHING. IT IS A SET OF RULES AND CRITERIA THERE TO ELIMINATE THE BIAS, THE OPINIONS AND BUREAUCRACY. IF YOU THE ABILITY TO THE REQUIREMENTS, THE CITY CAME OUT. THERE WERE NUMEROUS CITY DEPARTMENTS DOING THEIR THING WHEN IT CAME TO THE FENCE. I CAN SAY THE CITY DID THEIR DUE DILIGENCE ON THEIR PART ANY TIME A QUESTION ARISED FROM EITHER SIDE. JUST TO PIGGY BACK ON WHAT I WAS SAYING EARLIER, THE NEIGHBOR DIRECTLY ACROSS THE STREET HAS LIVED THERE ABOUT TEN YEARS SHY OF THE HOFFMANS. SHE RECENTLY PUT HER PROPERTY UP FOR SALE BECAUSE SHE'S ONE OF THE FOUR RESIDENTIAL PROPERTIES THAT ARE GOING THROUGH THE SAME ISSUES. AFTER 40 YEARS SHE'S DONE WITH IT. IT CAN WE TRYING. WE KNOW THAT ALL OF THE CRITERIA WERE MET IN THE BEGINNING. THAT'S WHY IT WAS DENIED. WE WERE NOT FAMILIAR WITH THE IDO. ONCE WE FAMILIARIZED OURSELF AND GET AN UNDERSTANDING OF WHAT AN ACTUAL CIRCUMSTANCE WAS, WE REACHED OUT AND MADE THE APPEAL AND PRESENTED OUR CASE AND WITH THAT EVIDENCE THE SPECIAL CIRCUMSTANCE WAS APPROVED. THE OTHER PRONGS WERE MET. THEY BOIL DUNE -- DOWN TO THE ARTICILATION OF THE FENCE AND HOW FAR IT'S SET BACK. ALL OF THOSE CRITERIAS ARE WITHIN THE PARAMETERS OF THE IDO. AND ALL OF THOSE THINGS WERE MET. THEY WERE MET AND VERIFIED BY THE CITY AND PLANNING DEPARTMENT AND ZONING DEPARTMENT. IT WAS HEARD AND REMANDED BACK. IT'S NOT LIKE IT WAS JUST ONE INDIVIDUAL'S DECISION. THIS WAS NUMEROUS PEOPLE. THE LAND HEARING OFFICER, NUMEROUS PEOPLE WHO WERE VERY WELL-VERSED IN THE IDO AND HOW TO INTERPRET THE IDO HANDLED THIS CASE. I BELIEVE THEY DID THEIR DUE DILIGENCE. THEY DID NOT TAKE ANYTHING ON FACE VALUE. THEY MADE SURE THE FENCE WAS JUST BEFORE THE GRANTED THE VARIANCE. THANK YOU ALL VERY MUCH FOR YOUR TIME. >>COUN. BORREGO: THANK YOU, MA'AM, FOR YOUR COMMENTS. OKAY COUNCILORS. WE'RE GOING TO MOVE TO THE LIBERATION -- IF YOU HAVE QUESTIONS. I JUMPED THE GUN. YOU HAVE TWO MINUTES. >> THAT'S MY UNDERSTANDING. THANK YOU, MADAM PRESIDENT, COUNCILORS. SHE POINTED OUT THE PROPERTY OWNER FELT LIKE HE NEEDED A PERSONAL BARRIER. THAT'S NOT REALLY AT ARGUMENT TODAY. WHAT IS AT ARGUMENT IS THE DECISION OF THE EXAMINER AND WHETHER OR NOT IT'S AN EXCEPTIONAL PROPERTY OR IT DAMAGES THE SURROUNDING PROPERTIES. IT WAS BUILT WITHOUT PERMIT. THERE ARE DESIGNS OR HEIGHTS OF FENCES WE COULD HAVE WORKED WITH THE APPLICANT. WE DIDN'T GET THAT OPPORTUNITY BECAUSE WE WERE DEPRIVED OF THE IDOs PROMISE OF NOTICE TO NEIGHBORHOODS BECAUSE IT WAS BUILT WITHOUT A PERMIT. THE PROPERTY IS NOT UNIQUE WITH RESPECT TO RESIDENTIAL USE. THERE'S FOUR OTHERS JUST LIKE IT. THERE'S FOUR TOTAL. THERE'S THREE OTHERS JUST LIKE IT. IT'S NOT UNIQUE IN THAT WAY. IT'S NOT UNIQUE AS A PLACE TO UNLOAD TRUCK. ENTIRE SILVER AVENUE TRUCKS UNLOAD. WE JUST ASK YOU TO THINK ABOUT THE UNIQUENESS OF THE PROPERTY. IS THERE ISN'T ANY. SPECIAL CIRCUMSTANCES ARE NOT PARSED CAREFULLY WHEN CONSIDERING VARIANCES THE IDO LOSES ITS MEANING. IT'S FITTING YOU AAFFIRM OUR APPEAL. >>COUN. BORREGO: WITH THAT, WE GO TO DELIBERATION. WE'RE CLOSING THE FLOOR TO THE PRESENTERS. COUNCILOR BENTON. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. I HAD A QUESTION FOR OUR PLANNING STAFF. AND MAYBE EVEN OUR LEGAL STAFF. IS THE FACT THAT THIS WAS BUILT RELEVANT TO THE DELIBERATION? THAT TO ME LOOKS LIKE SOMEBODY JUST DID THEIR OWN THING. >> MADAM PRESIDENT, COUNCILOR BENTON, JUST TO GIVE A LITTLE BIT OF BACKGROUND TO GIVE CONTEXT, THERE IS A LETTER IN THE RECORD FROM THE CODE ENFORCEMENT DEPARTMENT TO THE PROPERTY OWNER THAT SUGGESTED THAT IT HAD BEEN UNDER CONSTRUCTION AS OF NOVEMBER OF 2020. AND THAT LETTER DIRECTED THAT CONTRACTIVE ACTION BE TAKEN SPECIFICALLY THAT IT CEASE OR PROPER PERMITS BE OBTAINED. THAT'S HOW THIS CAME TO THE SYSTEM. ONCE THE STEPS ARE TAKEN TO CORRECT THE SITUATION, AND GETTING THE PROPER PERMIT AND VARIANCE FOR THE FENCE, THE TEST FOR THE VARIANCE DOES THOUGHT QUESTION WHETHER OR NOT IT'S AN ARE QUEST OR PERSPECTIVE REQUEST. IT'S NOT SOMETHING TO ANALYZE WITH APPROPRIATENESS OR NOT. SOMEBODY THAT GOES OUT AND BUILDING SOMETHING WITHOUT PERMISSION IS SUBJECT TO ENFORCEMENT IN OTHER WAYS INCLUDING PENALTIES, CRIMINAL PENALTIES, THEY'RE ESTABLISHED UNDER THE IDO AND CITY CODE. PENALTIES ABOVE $500 A DAY FOR VIOLAING A CODE. AND IN SOME CIRCUMSTANCES IT'S JAIL TIME. THAT IS NOT THE CASE, BUT IT'S THE REMEDY ACTING WITHOUT A PERMIT. ONCE YOU GET INTO VARIANCE ARENA THAT IS NOT RELEVANT. >>COUN. BENTON: I SEE. THAT WAS AN ISSUE AND MAY REMAIN SO. I DON'T KNOW WHAT THAT SITUATION IS. WE'RE ONLY BEING ASKED TO ANALYZE THE -- >> THAT'S CORRECT. IF THIS VARIANCE IS ULTIMATELY DENIED AND THE DENIAL STANDS CODE ENFORCEMENT WOULD COME OUT AND ENFORCE THE REMOVAL OF THE FENCE. IT WAS CONSTRUCT UNLAWFULLY. >>COUN. BENTON: ALL RIGHT. I WOULD BE HAPPY TO HEAR FROM PLANNING STAFF FROM THE ADMINISTRATION OR COUNCIL. MY QUESTION IS IS THE USE OF A PROPERTY IN A MULTI-USE ZONE, A SPECIFIC USE BY SOMEBODY, THAT'S PART OF A LIST OF USES ALLOWED MULTI-USE ZONE, SPECIFICALLY QUALIFIES THEM OR MAKES THIS CONSISTENT UNDER THE IDO. OUR IDO HAS RESTRICTIONS. I THINK APPROPRIATELY HE'S READY TO RESPOND. MY QUESTION IS THAT THIS IS AN MX ZONE ACROSS THE STREET FROM A DIFFERENT MX ZONE. IT'S IN A TRANSITIONAL AREA WITHOUT THE DOUBT AS THE OWNERS REPRESENTATIVE STATED. TIMES HAVE CHANGED, CLEARLY, IN MANY WAYS. THIS IS A DEVELOPING AREA. THIS IS ALSO AN AREA -- OKAY MY QUESTION IS THE SPECIFIC USE OR SPECIFIC OWNER TODAY OF THAT SITE WHO WILL THOUGHT BE THE OWNER OF THE SITE FOREVER IS ALLOWED TO ALTER AND GO BEYOND -- I REALIZE IT MAY SEEM UNFAIR, BUT DO WE WANT TO ESTABLISH THAT? ONCE THE WALL IS BUILT, IT'S THERE. NOBODY CAN MAKE THE NEXT OWNER OR ANYONE ELSE TEAR IT DOWN AFTER THAT. MEANWHILE, WE'VE MADE THAT DECISION WITH REGARD TO THIS USER. THAT'S MY QUESTION. >> MADAM PRESIDENT, COUNCILOR BENTON, THAT'S A REALLY GOOD QUESTION. AS WE KNOW, YOU CANNOT LIMIT THE LAND USE APPROVAL TO AN INDIVIDUAL. WE CANNOT SAY, FOR EXAMPLE, THE VARIANCE IS APPROVED SO LONG AS MR. HOFFMAN OR THE FAMILY OWNS IT. THE APPROVAL GOES WITH THE LAND. THE QUESTION YOU'RE ASKING IS THERE IS MULTITUDE OF USES. IT'S USED FOR RESIDENTIAL. I THINK YOU HAVE SOME AMOUNT OF LATITUDE TO DETERMINE WHETHER OR NOT THE IMPACTS ON THE PROPERTY GIVEN THE BREADTH OF THE ZONING THAT YOU CAN HAVE AT THAT SIGHT IS TO BE CONSIDERED WITH RESPECT TO THE APPROVAL OR NOT. IN THIS INSTANCE PART OF THE JUSTIFICATION IS IT'S ONLY ONE OF FOUR PROPERTIES USED FOR RESIDENTIAL AND THE IMPACTS OF THE STREET ARE UNIQUE ON THE RESIDENTIAL USE. SO THE WALL IS REALLY FOR THE PURPOSE OF PROTECTING THE RESIDENTIAL USE AS OPPOSED TO ANY OTHER USE. ALL THAT SAID, THERE'S A PRACTICAL MATTER TO THE EXTENT OF THE USE OF THE PROPERTY CHANGES TO SOMETHING OTHER THAN RESIDENTIAL THE FENCE MAY BE INCONSISTENT. FOR EXAMPLE RETAIL USE, YOU WANT MORE VISIBILITY FOR THE STREET. >>COUN. BENTON: SO, I KNOW OF NO MEANS BY WHICH YOU -- THE CITY WOULD APPROVE A TEMPORARY WALL AS LONG AS IT IS FOR RSIDENTIAL USE. THE THING THAT REALLY GNAWS AT ME IS THE IDEA THAT THIS CAN ME ANY USE. AND ANOTHER PROPERTY ALONG THERE COULD JUST SAY RESIDENTIAL USE, LET'S PUT FENCES AROUND EVERY RESIDENTIAL USER. EVEN THOUGH IN THE FUTURE THAT RESIDENTIAL USE MAY GO AWAY. THAT IS WHAT -- IT MAY SEEM UNKIND, BUT THINGS HAVE CHANGED AND TIMES HAVE CHANGED, AND THERE'S TRUCKS ON THE STREET. MY NEIGHBORHOOD IS EVOLVING TOO. THAT'S WHAT GNAWS AT ME. WHY WOULD WE SINGLE OUT ONE USE THAT'S ALLOWED UNDER THE ZONE BECAUSE SOME OTHER SPECIAL REQUEST. I DON'T HAVE A GOOD EXAMPLE. YOU CAN SEE WHAT I MEAN. WHAT ABOUT THAT SPECIFIC ANGLE THAT WE'RE GOING TO SINGLE OUT A USE, WHICH IS NOT A ZONE. IT'S A USE ALLOWED WITHIN A ZONE. WE'RE GOING TO GIVE SPECIAL EXCEPTIONS TO IT. >> GOOD CONSIDERATIONS RELEVANT TO THE DELBERATION. THE QUESTION YOU'RE TRYING TO ANSWER IS WHETHER OR NOT THERE'S SOMETHINGNECK -- ABOUT THE PROPERTY THAT IS UNIQUE THAT WILL RESULT IN HARDSHIP. THE TEXT IN THE IDO IS NOT SPECIFIC AS TO SAY IS IT UNIQUE WITH RESPECT TO HOW THAT PROPERTY IS BEING USED TODAY. YOU ARE THE ULTIMATE DECISION MAKER UNDER THE IDO AND HOW TO INTERPRET THAT TEXT. IF THIS PROGRESSES THAT IS CERTAINLY RELEVANT TO ULTIMATE FINDINGS YOU WANT TO CONSIDER. >>COUN. BENTON: THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON. WE HAVE COUNCILOR DAVIS WITH COMMENTS AND COUNCILOR BASSAN. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. I'LL MAKE THIS VERY QUICK. I WANT TO GO BACK TO THE POINT THAT HE MADE BRIEFLY AND REITRAID. I UNDERSTAND THE QUESTION ABOUT THE PERMIT IS ONE THAT MAYBE IS NOT DIRECTLY BEFORE US, I THINK AS WAS POINTED OUT IT'S A KEY COMPONENT OF HOW THIS BODY MAKES THE DECISION. I DON'T DISAGREE WITH THE APPLICANT THAT THEY NEED TO INSTALL THE FENCE AS A BARRIER BETWEEN THE HOME AND THE ADJACENT NEIGHBORHOOD USES. I THINK ANY OF US WOULD FEEL THAT WAY AND WANT TO TAKE SOME STEPS TO PROTECT OUR CASTLE, SO TO SPEAK. THE IDO WAS DESIGNED SPECIFICALLY WITH REMEDIES THAT WERE NOTED THAT WOULD ALLOW A NEIGHBOR THAT WANTED TO PURSUE A NON-CONFORMING USE TO COME UP WITH OPTIONS AND SIT DOWN WITH PARTIES. MAYBE THERE'S A NATURAL FENCE OR A SHORTER FENCE WITH A MORE VISIBILITY. OR THE LATTICEWORK DID PROVIDE SOME OF THE COVER. I CAN SEE THERE'S A WAY TO MAKE THIS WORK. BUT THE WHOLE POINT OF THE IDO IS TO FACILITATE COOPERATION. IT APPEARS TO ME THAT THE APPLICANT DID GET NOTICE THAT IT WAS NON-CONFORMING CONSTRUCTION AND WHATEVER REASON CHOSE TO CONTINUE IT OR MAINTAIN IT. INSTEAD OF USING THE PROCESS THAT WE HAVE DESIGNED TO MITIGATE AND HELP NEIGHBORS ADDRESS THESE CONCERNS. I THINK IT BEST THE APPLICANTS MADE SOME RECORD THAT CHANGES IN SIVER AVENUE DUE REQUIRE BUFFER. MY QUESTION IS THIS COUNCIL LIMITED TO YES OR NO? I'M REALLY TRYING TO FIGURE OUT THAT I UNDERSTAND THE NEED AND SPECIAL CIRCUMSTANCES USING IDO LANGUAGE FOR A BUFFER BETWEEN SILVER AVENUE AND THE HOME. BUT THE FENCE EXTENDS AS FAR DOWN THE RESIDENTIAL PORTION OF RICHMOND WHERE WE'VE MENTIONED PEOPLE SIT IN THEIR FRONT PORCHES AND DRINK COFFEE AND THERE'S OTHER NEIGHBORS IMPACTED BY THIS WHO DON'T HAVE A WALL AND HAVE A RESIDENTIAL USE ON THE STREET. IS THERE A WAY TO SPLIT THE BABY AND SAY MAYBE SILVER NEEDS A VARIANCE BUT THE FRONT OF THE PROPERTY DOES NOT NEED. HOW CAN WE ADDRESS THIS? >> MADAM PRESIDENT, COUNCILOR DAVIS, ANOTHER REALLY GOOD QUESTION. AN INTERESTING THING ABOUT THE TEST YOU'RE APPLYING IS THAT THERE ARE MULTIPLE FACTORS THAT REQUIRE SOME LEVEL OF BALANCING. ONE PARTICULAR THAT IS AT PLAY, WITH RESPECT TO YOUR QUESTION IS PRONG FIVE OF THE VARIANCE TESTS SET OUT IN THE IDO. IT SAYS THAT IF APPROVED THE VARIANCE THAT SUPROVED IS THE MINIMUM NECESSARY TO AVOID EXTRAORDINARY HARDSHIPS OR DIFFICULTIES WITH THE SITE. THAT'S ASKING FOR -- DOES THIS REMEDY FIT THE PROBLEM. THE JUSTIFICATION THAT WE'VE HEARD A LOT ABOUT IS THE ACTIVITY ON SILVER. TO YOUR POINT, IF IN LOOKING AT THE EVIDENCE AND CONSIDERING THOSE FACTORS THE COUNCIL WERE TO DETERMINE IF THAT IS A SUFFICIENT JUSTIFICATION FOR SILVER AND NOT RICHMOND YOU CAN TAILER YOU DECISION IS THAT WAY IN RELIANCE OF THE PRONG THAT ASKS YOU MAKE SURE THE VARIANCE GRANTED IS NOT MORE THAN NECESSARY TO MEET THE ISSUE. >>COUN. DAVIS: THANK YOU. MADAM PRESIDENT, I THINK GOING TO RESERVE THE RIGHT TO MAKE A MOTION. I'M INCLINED TO THINK THAT IF WE'RE COUNTING VOTES AND MOVING IN A DIRECTION THAT I THINK THERE'S SOME EVIDENCE THAT SOMETHING HAS CHALLENGED. I THINK THE APPLICANTS REMEDY WHICH IS A HIGH WALL THAT IS NOT CONSISTENT WITH ANYTHING ELSE AND NOT HAVING EXPLORED ANY OTHER OPTIONS MAY BE TOO EXTREME. I'M TRYING TO MOVE IN THAT DIRECTION AND SEE HOW WE MIGHT ADDRESS THE CONCERNS. THANK YOU FOR YOUR TIME. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS. COUNCILOR BASSAN AND WE'LL GO TO COUNCILOR JONES. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. I THINK COUNCILOR BENTON BROUGHT UP QUITE A FEW POINTS THAT I DON'T AGREE WITH IN THAT REGARD. I UNDERSTAND WHY THEY'RE BEING MADE. I UNDERSTAND THAT WE -- FIRST OF ALL I WANT TO PREFACE THIS BY SAYING IT'S NO FUN AND I DO NOT SUPPORT PEOPLE BREAKING THE RULES IN ADVANCE AND ASKING FOR FORGIVENESS LATER, I DON'T THINK THAT'S A WISE CHOICE. I'M DISAPPOINTED THAT THIS VARIANCE WASN'T APPLIED FOR JUST TO BEGIN WITH. SOME PEOPLE JUST DON'T KNOW. AND THE CONTRACTORS SHOULD HAVE KNOWN, WHOEVER THEY CHOSE. THAT'S NEITHER HERE NOR THEY'RE AT THIS POINT. I REALLY STRUGGLE WITH SAYING WE NEED TO MAKE A DECISION TONIGHT BASED OFF WHAT COULD BE THERE IN THE FUTURE. I THINK WE NEED TO MAKE A DECISION TONIGHT BASED ON NOW. I KNOW WE DON'T WANT TO SET A PRECEDENT BUT THAT'S WHAT WE DO. THAT'S WHAT WE DO REGULARLY IS SETTING THE PRECEDENT. THAT HOUSE MAY NOT ALWAYS BE THERE, BUT IT'S THERE NOW. THE DELVE IS IN THE DETAIL. EACH PROPERTY IS UNIQUE. THAT MAKES IT MORE DIFFICULT. THE AREA HAS CHANGED SIGNIFICANTLY. I THINK THAT MAKES IT TO WHERE WE NEED TO THINK ABOUT NOW. WE NEED TO THINK ABOUT THE ART GOT IN, YES THERE'S BUSINESSES NEXT DOOR, YES THERE'S RESIDENTS NEXT DOOR. THIS IS WHY WE HAVE TO BE ABLE TO LOOK AT THE EVIDENCE AND SEE WHAT THE LUHO SAID AND RECOGNIZE THAT THESE ARE SOME OF THE TWEAKS THAT EVEN COUNCILOR GIBSON EARLIER IN A DIFFERENT MATTER THAT SAID BY TRYING TO HELP PEOPLE WE HURT PEOPLE WITH THE LEGISLATION WE PROPOSE. AT THE SAME TIME, WE DON'T NEED TO CONTINUE TO HURT PEOPLE IF THERE'S A WAY TO BALANCE IT. I CAN'T MAKE THIS DECISION THINKING ABOUT WHAT COULD BE THERE IN THE FUTURE. I'M GOING TO MAKE MY DECISION BASED ON WHAT IS THERE NOW AND HOW IT'S BEING AFFECTED, WHETHER IT'S THE BUSINESSES OR THE RESIDENTS THAT ARE THERE. I THINK THAT, ONE MORE THING BECAUSE I HAD TO WRITE IT DOWN, I THINK IT'S REALLY SOMETHING THAT IF A BUSINESS GOES LATER, WHY IS IT OKAY TO PROTECT THE FUTURE BUSINESS IF WE CAN'T PROTECT THE RESIDENCE THERE NOW. I CAN'T VOTE FOR THIS IF IT'S GOING TO BE ABOUT A FUTURE DECISION. >>COUN. BORREGO: THANK YOU, COUNCILOR BASSAN. COUNCILOR JONES AND WE'LL GO BACK TO COUNCILOR BENTON. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. THIS IS A DIFFICULT ONE. WE ALL HAVE A GREAT DEAL OF EMPATHY FOR THIS GENTLEMAN. WE REALLY UNDERSTAND. WE ALSO HAVE TO UNDERSTAND THAT THERE'S A REASON WHY WE HAVE SOME LAWS AND RULES. WHAT REALLY DISTURBS ME IS THAT THE PEOPLE INVOLVED IN PUTTING UP THE FENCE DIDN'T BOTHER TO GO THROUGH THE PROCESS TO GET A PERMIT AND SEE WHAT THEY CAN DO AND WORK WITH THE GROUP AND ENTITIES WILLING TO WORK WITH THEM AND HELP THEM DO SOMETHING THAT COULD TAKE CARE OF THE ISSUE AT HAND AND TAKE CARE OF THIS GENTLEMAN. THAT DOESN'T MEAN YOU JUST IGNORE. (INAUDIBLE). AS MUCH AS I EMPATHIZE, I THINK THERE'S A WAY TO WORK WITH THIS HOMEOWNER TO WORK WITH THEM AND NOT VIOLATE WHAT'S IN PLACE FOR ALL OF THE OTHER PROPERTIES ON THESE STREETS. YOU CANNOT DO A ONE OFF AND CONSIDER IT. I'M VERY MUCH LEANING TOWARD TAKING THIS WALL DOWN AND SEE WHAT HE CAN DO TO WORK. >>COUN. BORREGO: COUNCILOR BENTON AND BACK TO COUNCILOR BASSAN. >>COUN. BENTON: JUST TO MAKE CLEAR. AS I TRIED TO EXPLAIN, THIS IS A UNIQUE SITUATION THAT WITHOUT QUESTION IS VERY HEART RENDERING, A PERSON THAT LIVED IN THE HOUSE FOR A LONG TIME NOW LIVES IN A PLACE THAT'S BEEN INCONSTANT CHANGE. THIS IS WHERE LAND USE PLANNING GETS IT RIGHT OR NOT. AS A CO-SPONSOR OF THE IDO AND I'M SURE MANY PEOPLE WOULD SAY -- AS A CO-SPONSOR OF THAT I RECOGNIZE THE OLD ZONING CODE DID NOT DO WELL. WHAT WE HAVE WITH THE IDO IS A COMMUNITY VENUE TO FIX A CONDITION LIKE THIS. FOR US AS THE LAND USE BODY OF THE CITY OF ALBUQUERQUE. FOR US TO REALLY LOOK AT SOMETHING LIKE THIS. WHAT ABOUT THIS PERSON, WHAT ABOUT THIS EDGE ALONG SILVER AVENUE. THAT'S A REALLY IMPORTANT QUESTION. THIS IS NOT THE VENUE TO FIX THAT. THIS IS APPEAL HAS MERIT BECAUSE WHAT THE ZHE DID WAS BASICALLY TRY TO FIX THIS VERY DIFFICULT, SENSITIVE CONDITION. I DON'T THINK THAT'S THE VENUE TO DO THAT. FOR THAT REASON, MADAM PRESIDENT, I MOVE THIS APPEAL BE APPROVED AS THE CORRECT. THAT THIS BE ACCEPTED. >> THE MOTION WOULD BE THAT THE APPEAL BE GRANTED AND THE VARIANCE DENIED. >>COUN. BENTON: CORRECT. THAT'S MY MOTION. >> YOU WILL NEED FINDINGS FOR THAT WHICH WE CUDOPT -- YOU CAN ADD MOTION TO ADOPT FINDINGS AT THE NEXT MEETING THAT WOULD BE A MORE COMPLETE. >>COUN. BENTON: MADAM PRESIDENT, I'LL AMEND MY MOTION TO WHAT HE JUST SAID. THE FINDINGS OF THIS BE CRAFTED FOR IT TO HAVE SENSE. I WOULD WELCOME AND BE A PART OF THE DISCUSSION ABOUT THIS EDGE THAT I'M TALKING ABOUT. THIS EDGE CAN WHAT MAKES OR BREAK OUR CITY AND BIG CORRIDORS AND WHAT'S LEFT OF COMMERCE ON THE BIG CORRIDORS. AND HOW THAT INTERACTS WITH THE ADJACENT NEIGHBORHOOD. I THINK THERE'S A MAJOR ISSUE. IT'S NOT SO MUCH IN MY DISTRICT, BUT IT'S A MAJOR ISSUE IN THE CITY OF ALBUQUERQUE. >>COUN. BORREGO: COUNCILOR BENTON, YOU HAVE A MOTION ON THE FLOOR. COUNCILOR JONES, IS THAT A SECOND? >>COUN. JONES: YES, MA'AM. >>COUN. BORREGO: I'M GOING TO GO TO COUNCILOR BASSAN BECAUSE HE HAD A HAND UP FOR A PERIOD. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. I WANTED TO SAY IN COMMENTS RELATED TO COUNCILOR JONES IN REGARD TO -- NOW I'M LOSING THIGH TRAIN OF THOUGHT. I WOULD LIKE TO JUST MAKE SURE TO MAKE THE COMMENT TO CODE ENFORCEMENT THAT IT BEHOOVES WHICHEVER POWERS THAT BE WHICHEVER CONTRACT WAS THAT DID INSTALL THIS WALL AND DID THIS WORK AND MAKE SURE THEY HAVE A NEW LESSON OR REFRESHER COURSE IN THE REGULATION THAT THE CITY DOES OFFER SO THAT WAY RESIDENTIAL INDIVIDUALS THAT ARE GOING TO END UP LOSING OUT ON THEIR QUALITY OF LIFE BENEFITS BECAUSE OF COMMERCE CAN BE AVOIDED IN THE WHOLE ASPECT. I THINK THAT WOULD BE SOMETHING I WOULD LIKE TO REQUEST OF THE ADMINISTRATION. >>COUN. BORREGO: I WOULD LIKE TO COMMENT ALSO. I HAD A BUSINESS IN THIS PARTICULAR AREA FOR ABOUT FIVE YEARS. I WATCHED THE AREA TRANSITION. IT HAS TRANSITIONED AND I ALWAYS LOOKED AT THOSE BUSINESSES RIGHT BEHIND CENTRAL AVENUE -- >> MADAM PRESIDENT, LET ME JUST STOP YOU FOR ONE SECOND. THIS IS RELEVANT BECAUSE THE CHANGING OF THE AREA HAVE BEEN BROUGHT UP BY THE PARTIES. BE CAREFUL NOT TO BRING UP THE PERSONAL OBSERVATION. >>COUN. BORREGO: I UNDERSTAND THAT. I WAS GOING TO COMMENT ON THE CHANGED ENVIRONMENT. I THINK IT'S IMPORTANT BECAUSE AS WE'RE LOOKING AT THIS, I WAS MENTIONING THAT I WAS THERE FOR ABOUT FIVE YEARS. I SAW THESE RESIDENTIAL AREAS THAT WERE SORT OF BEING ENCROACHED ON OVER A PERIOD OF TIME. I ALWAYS WONDER ABOUT HOW WE CREATE THESE BARRIERS AND WHETHER FENCES OR WALLS FOR APPROPRIATE. I THINK THAT IS WHY I'M BRINGING THIS UP. I'M NOT TRYING TO BRING UP ANY NEW INFORMATION. I'M JUST LOOKING AT EXISTING CONDITIONS. ON THE OTHER HAND, IT'S DIFFICULT FOR ME TO UNDERSTAND WHY A WALL OR FENCE WAS BUILT WITHOUT A PERMIT. THAT IS REALLY A STICKING POINT FOR ME WITH REGARD TO MY DECISION ON THIS. BECAUSE PEOPLE THAT KNOW ANYTHING ABOUT PLANNING KNOW THAT THERE ARE PERMITS INVOLVED. THERE WAS NOT A PERMIT OBTAINED IN THIS PARTICULAR INSTANCE. MY QUESTION IS, AND I GUESS THIS IS FOR PLANNING STAFF OR OUR ATTORNEY, IF WE WERE TO DENY -- HOW DO I PHRASE THIS. IF WE DID NOT ALLOW THE FALL OR FENCE AND IT HAD TO BE TAKEN DOWN COULD THEY COME BACK WITHIN A YEAR TO APPLY AGAIN? >> MADAM PRESIDENT, COUNCILORS, THE YEAR PROHIBITION ONLY APPLIES TO ZONE MAP. IF THEY ARE DENIED FOR ZONE MAP. BUT FOR THINGS LIKE VARIANCES AND CONDITIONAL USE PERMITS, THEY APPLY TOMORROW. THERE'S NO LIMIT. >>COUN. BORREGO: THEY COULD COME IN TOMORROW? >> THEY CAN COME WITHOUT ANY LIMITATION THAT THEY HAVE TO WAIT OUT. . >>COUN. BORREGO: THANK YOU. OKAY, COUNCILORS, WE HAVE A MOTION AND WE HAVE A SECOND ON THE FLOOR AT THIS POINT. IF THERE'S NO OTHER DISCUSSION, I THINK WE WILL GO TO THE VOTE. COUNCILOR SENA, I SEE YOUR HAND UP. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. CAN YOU REPEAT THE MOTION TO CLARIFY SO I KNOW WHAT WE'RE VOTING ON? >> MADAM PRESIDENT, THE MOTION AS I HEARD IT WAS TO GRANT THE APPEAL AND DENY THE VARIANCE AND TO ADOPT FINDINGS SUPPORTING THE DECISION AT THE NEXT MEETING. >>COUN. BORREGO: IF THERE'S NO OTHER DISCUSSION WE'RE GOING TO GO TO THE VOTE. >>COUN. BASSAN: NO. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: NO. >>COUN. JONES: YES. >>COUN. PEÑA: NO. >>COUN. SENA: YES. >>COUN. BORREGO: NO. >> MOTION FAILS ON A 4-4 VOTE. >>COUN. BORREGO: SO WHERE DO WE GO FROM HERE? >> MADAM PRESIDENT, YOU CAN ENTERTAIN ANOTHER MOTION. A MOTION OF YOUR CREATION, OR YOU CAN MOVE TO ACCEPT THE RECOMMENDATION AND FINDINGS AT THIS TIME WHICH WILL EFFECTIVELY APPROVE THE VARIANCE. IN THE EVENT ALL MOTION FAIL IT RESULTS IN THE DECISION BEING UNHARMED. SO THE VARIANCE WOULD STAND. >>COUN. BORREGO: COUNCILOR DAVIS, YOU HAD YOUR HAND UP FIRST. COUNCILOR BENTON. IS HE NOT HEARING ME? COUNCILOR BENTON. >>COUN. BENTON: I'M SORRY, CAN YOU HEAR ME? >>COUN. BORREGO: YES, WE CAN. >>COUN. BENTON: I'VE GOT A BAD CONNECTION OR GOT A BAD CONNECTION. I DIDN'T HEAR THE LAST -- I DIDN'T HEAR COUNCILOR DAVIS'S STATEMENT. >>COUN. BORREGO: COUNCILOR BENTON, COUNCILOR DAVIS WANTED TO HEAR FROM OTHER COUNCILORS BEFORE HE GOES. >>COUN. BENTON: THAT'S FINE. DID YOU HAVE -- >>COUN. BORREGO: DID YOU HAVE A COMMENT? >>COUN. BENTON: I HAD A QUESTION. IF THERE ARE OTHER COUNCILORS THAT HAVE QUESTIONS AS WELL, LET'S HEAR FROM THEM AND I'LL CIRCLE BACK. >>COUN. DAVIS: I'D MAKE A MOTION IF NO ONE ELSE WANTS TO. IT MIGHT EXPEDITE THIS. >>COUN. BORREGO: I WAS CALLING ON COUNCILOR BASSAN FIRST, WE'LL COME BACK TO YOU. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. I'M WILLING TO MAKE A MOTION TO UP HOLD THE FINDINGS. DO I HAVE A SECOND? >>COUN. JONES: I'LL SECOND THAT. >>COUN. BORREGO: COUNCILOR JONES, THANK YOU. AND COUNCILOR GIBSON. WE HAVE A MOTION ON THE FLOOR. COUNCILOR DAVIS, I'M GOING TO GO PACK TO YOU BECAUSE YOU SAID YOU WANTED IT MAKE A COMMENT. >>COUN. DAVIS: I CAN DO IT IN THE CONTEXT. IF THAT MOTION REMAINS ON THE FLOOR I VOTE AGAINST. I'D LIKE TO HAVE THE OPPORTUNITY TO CONSIDER A PATH THAT WE DISCUSSED. RECOGNIZING THAT THE CHANGING USE OF SILVER AVENUE ON THE COMMERCIAL STREET AS NOB HILL AND CENTRAL AVENUE ARE IMPROVING IS DIFFERENT THAN HAVING A BIG FENCE AGAINST YOUR NEIGHBORS. I VOTE AGAINST THIS MOTION ON THE FLOOR IF IT REMAINS IN THE HOPE WE CAN PRESENT A DIFFERENT MOTION THAT WOULD ALLOW THE FENCE HEIGHT ON SILVER AND DENY THE VARIANCE ON THE RESIDENTIAL RICHMOND STREET. THAT IS MY HOPE IF THE MOTION REMAINS ON THE FLOOR. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS. I'M GOING TO GO TO COUNCILOR PEÑA AND COUNCILOR BENTON BECAUSE IT LOOKS LIKE THEY HAVE COMMENTS. >>COUN. PEÑA: THANK YOU, MADAM PRESIDENT. I ACTUALLY WOULD LEAN TOWARD JUST DEFERRING THIS AND HAVING A CONVERSATION. I DON'T KNOW IF I WOULD GO AS FAR AS COUNCILOR DAVIS'S MOTION TO MAKE A DECISION. JUST TO DEFER AND SEE WHAT WE CAN DO TO COME UP WITH SOME TYPE OF RESOLUTION. >>COUN. DAVIS: -- >>COUN. BORREGO: COUNCILOR PEÑA, DID YOU HAVE A COMMENT? >>COUN. BENTON: WHAT SHE SAID. >>COUN. BORREGO: WE HAVE A MOTION ON THE FLOOR. WE HAVE A MOTION AND A SECOND. I'M GOING TO ASK THE MAKER IF THE MOTION IF THEY WANT TO CONTINUE WITH THE MOTION OR IF THEY PREFER TO MAKE A DIFFERENT MOTION. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. I WOULD LIKE TO CHANGE MY MOTION TO DENY THE APPEAL AND ADOPT THE FINDINGS AT THE UNIQUES -- THE NEXT MEETING. >>COUN. BORREGO: COUNCILOR GIBSON, IS THAT A SECOND? WE HAVE A MOTION AND SECOND TO DENY THE APPEAL AND ADOPT FINDINGS AT THE NEXT MEETING. WE WILL GO TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: NO. >>COUN. DAVIS: NO. >>COUN. GIBSON: YES. >>COUN. JONES: NO. >>COUN. PEÑA: NO. >>COUN. SENA: NO. >>COUN. BORREGO: NO. THAT MOTION ALSO FAILS, COUNCILORS. THAT WAS ON A 2-6 VOTE. I WILL ENTERTAIN ANOTHER MOTION. COUNCILOR BENTON, YOUR HAND WAS UP FIRST. >>COUN. BENTON: BY A SPLIT SECOND. I WOULD LIKE TO MOVE DEFERRAL UNTIL THE NEXT MEETING. ALONG WITH THAT, I WOULD LIKE TO ASK COUNCIL STAFF TO DIG INTO THIS FURTHER. INCLUDING OTHER OPTIONS WHICH COULD INCLUDE -- I DON'T KNOW WHAT THEY INCLUDE. I KNOW THAT ONE OF THEM WOULD BE TO AMEND THE IDO IN THIS SPECIFIC AREA AND THIS UNIQUE CONDITION OF WHERE A MAJOR CORRIDOR IS SEPARATED FROM A RESIDENTIAL AREA BY ONE BLOCK. THAT WAS THE HISTORIC CONDITION. I'M ASKING THE STAFF TO LOOK INTO THAT. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON. WE HAVE TWO SECONDS OR DID WE HAVE COMMENTS? COUNCILOR PEÑA OR COUNCILOR DAVIS. >>COUN. DAVIS: I HAVE A BRIEF COMMENT ON THAT MOTION. >>COUN. PEÑA: I HAD A COMMENT AS WELL. >>COUN. BORREGO: WE'LL GO TO COUNCILOR PEÑA AND THEN COUNCILOR DAVIS. >>COUN. PEÑA: JUST MY COMMENT WOULD BE FOR THE RECORD I'D BE INCLINED TO SUPPORT COUNCILOR BASSAN'S MOTION IF WE CAN'T GET ANYWHERE WITH HAVING DISCUSSION. I'M SUPPORTING THIS BECAUSE I KNOW WE'RE IN A TOUGH SITUATION WITH THIS ISSUE. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA. I'LL GO TO COUNCILOR DAVIS AND MR. MELENDREZ. >>COUN. DAVIS: I SUPPORT THE DEFERRAL TO GIVE EVERYBODY MORE TIME. I WANT TO ENCOURAGE THE PARTIES TO HAVE A CONVERSATION AS WELL. I THINK THERE MAY BE SOME RESOLUTION THERE COULD BE ALTERNATIVES. I THINK IT'S CLEAR IN THE RECORD THAT THE STRUCTURE AS BUILT WAS UNPERMITTED AND DIDN'T FOLLOW THE IDO PROCESS. I DON'T BELIEVE THAT WOULD PROHIBIT THEM FROM SPEAKING ABOUT LOOK AT ALTERNATIVES THAT MIGHT SATISFY EVERYBODY. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS. >> MADAM PRESIDENT, COUNCIL STAFF HAS HELPED ME LOOK AT THE IDO AND WE DETERMINED THAT NOTHING PRECLUDES YOU FROM DEFERRING AT THIS TIME. YOU HAVE CLOSED THE FLOOR TO THE PARTIES. IF YOU INTEND TO REOPEN IT NEXT TIME THE DEFERRAL WOULD BE APPROPRIATE. OTHERWISE WE OFTEN USE A CONTINUANCE IN INSTANCES WHERE YOU PLAN TO CONTINUE YOUR DELIBERATION. HOWEVER, WITH RESPECT TO ANY SOLUTION THAT MIGHT BE FOUND IN THE IDO, THE TEST YOU'RE TILL BEING ASKED TO APPLY WITH RESPECT TO THIS VARIANCE IS THE ONE FOUND IN THE IDO TODAY. WHICH IS WORNT -- WHETHER OR NOT THERE'S A SPECIAL CIRCUMSTANCE THAT SUPPORTS THE VARIANCE AND WHETHER OR NOT THE IS CONTRARY TO PUBLIC SAFETY. IF IT CAUSES ADVERSE IMPACTS OR UNDERMINE THE INTENT OF THE IDO AND WHETHER IT'S NECESSARY TO MEET THE HARM BEING CLAIMED. POLICY IMPROVEMENT OF THE IDO IN THE FUTURE DON'T NECESSARILY SPEAK TO THAT TEST. THE APPLICANT BEFORE YOU HAS PUT UP THE FENCE AND REQUESTS UNDER THE VARIANCE STANDARDS. YOU ARE TASKS TO MAKE A DECISION UNDER THAT STANDARD. >>COUN. BORREGO: I'M GOING TO SECOND THE MOTION FOR DEFERRAL. COUNCILOR BENTON, DID YOU HAVE A COMMENT? >>COUN. BENTON: YES. JUST BRIEFLY, IN RESPONSE TO THE STATEMENT. YEAH, THIS DOES HAVE TO DO WITH OUR PROCEDURES THAT HAVE BEEN ESTABLISHED. DO THEY WORK OR DO THEY NOT. AGAIN, I WOULD SPEAK TO THE VENUE AND THIS VENUE IS NOT THE WAY TO FIX SOME DETAIL OF THAT EDGE WE'RE TALKING ABOUT BETWEEN COMMERCIAL REDEVELOPMENT AND HISTORIC RESIDENTIAL NEIGHBORHOOD. I RESPECT THE NEEDS OF THE RESIDENT AND I RESPECT THE ANALYSIS BY -- THE STREET SCAPE. SO YOU DON'T WANT TO DISRUPT THAT. THOSE ARE THE THINGS I WAS HOPING WITH THE CONTINUANCE OR DEFERRAL, AND I THINK CONTINUANCE IS THE CORRECT MOTION THAT WE WOULD ASK OUR STAFF TO HELP US WITH JUST THAT DISCUSSION. WE KNOW WE'RE NOT MAKING LAW OR MAKING ZONING CODE RIGHT NOW. I FEEL LIKE THIS APPEAL IS MAKE AN ORDINANCE -- >>COUN. BORREGO: COUNCILOR BENTON, YOU MADE THE MOTION TO DEFERRAL CAN WE AMEND THAT MOTION TO CONTINUANCE AND I WOULD SECOND THAT? >>COUN. BENTON: YES, THANK YOU. >>COUN. BORREGO: THANK YOU. AT THIS POINT, I'M GOING TO CLOSE THE FLOOR AND I'M GOT GO TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT PASSES ON AN 8-0 VOTE. THE NEXT ORDER OF BUSINESS IS NUMBER 13. THOSE ARE APPROVALS. THERE ARE NONE. WITH THAT, WE ARE GOING TO COME BACK FROM A BREAK AT ABOUT 7:25. WE WILL PROCEED WITH OUR FINAL ACTIONS. >>COUN. BORREGO: GOOD EVENING, WELCOME BACK TO THE CITY COUNCIL PEAT MEETING. WE ARE ON ITEM NUMBER 14. OUR FIRST ITEM THIS EVENING IS ITEM B, COUNCILOR DAVIS, COUNCILOR SENA, COUNCILOR PEÑA, COUNCILOR BENTON. WOULD ONE OF YOU LIKE TO PRESENT THIS? >>COUN. SENA: THANK YOU, MADAM PRESIDENT. >>COUN. SENA: IT'S AMENDING SECTION 7-2-1-1 OF THE TRANSIT SYSTEM ORDINANCE TO PROVIDE A ZERO FARE PILOT PROJECT. I MOVE A DUE PASS. >>COUN. BORREGO: LOOKS LIKE YOU HAVE A SECOND FROM COUNCILOR DAVIS. COUNCILOR SENA. WOULD ONE OF YOU LIKE TO DISCUSS WHAT THIS IS? >>COUN. SENA: YES. THANK YOU, MADAM PRESIDENT, I WAS CHECKING ON MY CO-SPONSORS TO SEE IF THEY WANT TO MOVE THE AMENDMENT. ESSENTIALLY, THIS IS ALREADY FUNDED. THIS IS REALLY JUST PUTTING IT INTO ORDINANCE AS A PILOT PROJECT OF HAVING ZERO FARES. I KNOW TRANSIT MET WITH COUNCILORS TO DISCUSS THE BENEFITS OF A ZERO FARE PILOT PROJECT. AS WELL AS CONSTITUENTS REACHED OUT TO EACH DISTRICT DISCUSSING HOW THEY USE TRANSIT BEFORE AND THEY HAVE SOMETIMES HAD TO WALK. OR SOMETIMES NOT GOING ON THE BUS LATE AT NIGHT BECAUSE THEY DIDN'T HAVE THE FARE READY. DURING THESE TIMES EVERY PENNY COUNTS. THIS IS PUTTING IT INTO ORDINANCE. LIKE I SAID THE APPROPRIATION ALREADY PASSED. I WILL LEAVE TO MY CO-SPONSORS IF THEY WANT TO ADD ANYTHING ELSE. >>COUN. BORREGO: I AM LOOKING FOR HANDS UP. I SEE COUNCILOR DAVIS. >>COUN. DAVIS: MADAM PRESIDENT, I'LL MAKE IT QUICK. WE HAD A NUMBER OF MEETINGS ON THIS. I THINK WE'RE WELL-AWARE OF THIS AND OUR COUNCILOR MENTIONED THAT THIS IS SOMETHING WE DIRECTED TWO YEARS IN THE UNANIMOUS VOTE OF THE CITY COUNCIL MAKING US THE LARGEST FREE FARE SYSTEM IN THE COUNTRY. WE'VE SEEN A NUMBER OF INCREMENTAL PILOT PROJECTS. WE KNOW THIS WILL WORK. WE KNOW THERE'S SOME CONCERNS ABOUT OHOW THIS WILL BE IMPLEMENTED. I APPRECIATE THE ADMINISTRATION AND THE UNION TRYING TO FIGURE IT OUT. WE HAVE GOOD DATA THAT SHOWS SOME OF THE SECURITY CONCERNS THAT HAVE A RIGHT TO BE EVALUATED. THEY HAVEN'T COME TO FRUITION THAT WE WANTED TO RIGHT NOW. I APPLAUD COUNCILOR SENA FOR PUSHING THIS FORWARD AND FOR DOING THE HARD WALK TO DO THE TECHNICAL WORK TO DO THE AMENDMENTS READY AND MAKE IT WORK. I DEFER TO DISEASE ON HOW TO PROCEED ON THIS. >>COUN. BORREGO: COUNCILOR SENA. >>COUN. SENA: THANK YOU, COUNCILOR DAVIS. THROUGHOUT THE YEARS I KNOW COUNCILOR BENTON AND COUNCILOR PEÑA ALL HAVE WORKED ON THIS BEFORE I CAME TO COUNCIL. I KNOW THE TRANSIT BOARD APPROVED THIS AS WELL. JUST FOR SOME CLARIFICATION I KNOW THAT COUNCILOR DAVIS HAS A SPONSORED AMENDMENT. IF HE WOULD LIKE, I CAN MOVE IT FOR HIM. >>COUN. BORREGO: BEFORE WE GO TO THE AMENDMENT, COUNCILOR SENA, WOULD YOU PLAIN FOR THE PUBLIC'S SAKE BECAUSE NOT EVERYONE HAS THE ABILITY TO SEE THE BILL, WHAT THIS PILOT PROJECT ENTAILS? >>COUN. SENA: YES, MADAM PRESIDENT. WE HAD APPROPRIATED THE FARES THAT'S WHY WE'RE CALLING IT ZERO FARES AND NOT FREE FARES. WE PAID FOR IT ALREADY. IT'S ZERO FARE FOR THE PUBLIC TRANSIT. MEANING ROUTES ALONG ART AND ALONG COORS. THIS IS PUT INTO ORDINANCE BECAUSE PREVIOUSLY IT WAS NOT. PRETTY MUCH STATING IT'S A PILOT PROJECT. I KNOW THE AMENDMENT WILL COME THROUGH TOO FOR THE CALENDAR YEAR OF PROVIDING ZERO FARES. MEANING THAT FOR INDIVIDUALS WHO WISH TO RIDE THE BUS THEY WILL NOT HAVE TO PAY FOR A FARE FOR THE YEAR. >>COUN. BORREGO: THANK YOU, COUNCILOR SENA. I SAW COUNCILOR BENTON'S HAND UP. I DON'T KNOW IF HE STILL HAS A QUESTION OR A COMMENT. >>COUN. BENTON: I JUST WANTED TO SAY, I'VE GOT CONNECTIVITY PROBLEMS. I'M GOING TO SWITCH DEVICE AND SEE IF I CAN GET BACK ON. I MISSED EVERYTHING THAT WAS JUST STATED. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON. WE LOOK FORWARD TO YOU GETTING BACK ON. WITH THAT, THANK YOU. COUNCILOR DAVIS, DID YOU HAVE A COMMENT. >>COUN. DAVIS: I WORKED IT OUT WITH MR. MOYA. SHARE THE AMENDMENT IF THE PRESIDENT IS OKAY WITH IT, WE'D LIKE TO MOVE THIS AS FLOOR AMENDMENT NUMBER ONE. >>COUN. BORREGO: ABSOLUTELY, I WAS GOING TO GO TO THAT. THANK YOU, COULD. YOU CAN MOVE THAT. >>COUN. DAVIS: ALL THAT TIME FOR DINNER AND WE DIDN'T TAKE TIME TO COORDINATE THIS. FLOOR AMENDMENT NUMBER ONE MAKES TECHNICAL CHANGES AND MAKES CLEAR ENFORCEMENT OF THE FEES ARE SUSPENDED DURING THE PILOT. I KNOW THIS IS SILLY, BUT WE HAVE LAW THAT SAYS THERE'S NO FEE, WE PSZ -- PASS A LAW THAT SAYS YOU CAN'T ENFORCET. THANK YOU, COUNCILOR DAVIS. WE HAVE A MOTION AND A SECOND BY COUNCILOR SENA. ARE THERE ANY QUESTIONS OF COUNCILORS? IT DOES NOT APPEAR SO. WITH THAT, WE'LL MOVE TO THE VOTE ON THE AMENDMENT. FLOOR AMENDMENT NUMBER ONE. >>COUN. BASSAN: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. ARE THERE ANY OTHER AMENDMENTS? IT DOES NOT APPEAR SO. WE'LL GO BACK TO THE ORIGINAL BILL. O-67. ARE THERE QUESTIONS FROM COUNCILORS REGARDING THE ORIGINAL BILL? COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. THIS IS REALLY IN REFERENCE TO THE NEXT FEW AGENDA ITEMS BECAUSE I KNOW THAT I'VE BEEN WORKING WITH SOME OTHER COUNCILORS AND THERE'S QUESTIONS ABOUT THE UNHOUSEDED BEING ON THE BUSES. I JUST WANT TO MAKE SURE THAT FOR THOSE WATCHING AND EVERYONE ELSE THAT WE ARE WORKING AT EVALUATING WHAT IS GOING ON IN OTHER CITIES AND WHAT IS WORKING AND WHAT WE CAN DO TO MINIMIZE OR PROTECT OR ALL OF THE RIGHTS AND EVERYTHING TO MAKE IT A PERFECT WORLD OF ZERO FARE TRANSIT. AT THE SAME TIME I ALSO WOULD REALLY LIKE TO ASK IF THE ADMINISTRATION WOULD CONSIDER, AND THIS IS SOMETHING I WOULD LIKE TO PURSUE MORE OFFLINE THAN NOW, I THINK IT'S IMPORTANT THAT IF WE CAN GET TOGETHER DIRECTOR HOLCOMB OR MS. NAIR, I THINK IT WOULD BE BENEFICIAL IF WE CAN REEVALUATE SOME OF THE PROCESSES. I KNOW IT'S NOT FOR ME TO DO, BUT ALLOW FOR THE TRANSIT DRIVERS TO BE ABLE TO TAKE SOME KIND OF MODULE OR TRAINING SO THEY CAN PERHAPS ESCALATE ON A GRADUATION. TO WHERE THEY DON'T ALWAYS HAVE TO WAIT FOR A SUPERVISOR IN ORDER TO REMOVE PASSENGERS FROM ANY OF OUR TRANSIT BUSES. I SAY THAT BECAUSE I AM CONCERNED. ON ONE HAND IF PEOPLE AREN'T MAKING A NUISANCE, SO BE IT. IF THERE'S A NUISANCE, AND I DO FEAR IT WILL INCREASE WITH THE ZERO FARES. IT WOULD BE GREAT IF WE CAN EVALUATE AND SEE WHAT WE CAN DO TO STREAMLINE AND PROTECT THOSE THAT RIDE THE TRANSIT SYSTEM COMPARED TO THOSE THAT MIGHT START RIDING IT AS SHELTER OR JUST HANGING OUT OR WHATEVER THE REASONS ARE. I WANT TO WORK ON THAT AND SEE IF WE CAN COME UP WITH A GOOD SOLUTION AS FAR AS MORE PREVENTION AND WORK TOGETHER ON THAT. PLEASE. >> WE'D ALREADY HAD PRELIMINARY DISCUSSIONS WITH SECURITY TO IDENTIFY WAYS TO GET THE PASSENGERS OFF THE BUS. IF THE DRIVER FEELS UNSAFE OR IF THE PASSENGER FEELS UNSAFE WE'LL USE ROAD SUPERVISORS ON THE ROAD ALL DAY EVERYDAY. AND OUR DISPATCHERS AND MAKE THE CALL AND SAY GO AHEAD AND TAKE THIS PERSON OFF THE BUS, THEY'VE BEEN DISRUPTIVE AND WE'LL TAKE THE ACTION. >>COUN. BASSAN: THANK YOU, DIRECTOR. AS THE COMES AS A COMFORT. I LOOK FORWARD TO MAKING THAT EVEN BIGGER AND BETTER AND STRONGER AND EFFICIENT AS WE GO. >>COUN. BORREGO: OTHER COMMENTS FROM COUNCILORS? IF NOT, I'LL GO BACK TO COUNCILOR PEÑA. OR COUNCILOR SENA, I'M SORRY. >>COUN. SENA: THANK YOU, SO MUCH, MADAM PRESIDENT. I KNOW THAT WE'VE BEEN WORKING ON THIS FOR A VERY LONG TIME. I'M VERY EXCITED TO SEE THIS GO FORWARD. I KNOW THAT WE KNOW THE BENEFITS OF PUBLIC TRANSIT AND WE KNOW THAT IT IS INVESMENT IN OUR OWN COMMUNITIES. THERE'S A RETURN IN INVESTMENT IN OUR COMMUNITY WHERE I'VE ALREADY HEARD OF MANY INDIVIDUALS AND CONSTITUENTS UTILIZING THE BUS TO GO TO JOB FAIRS TO APPLY FOR JOBS AND GET GROCERIES AND CONNECT TO AMENITIES THEY DIDN'T UTILIZE BEFORE. WE KNOW THAT STUDIES HAVE SHOWN THAT GREATER ACCESS TO PUBLIC TRANSIT ALSO GIVES GREATER ACCESS TO LOT OF OUR BIPOC COMMUNITIES TO CREATE OWN SPACES. I AM VERY HAPPY TO HAVE WORKED WITH MANY OF OUR YOUTH AND RODE AND TALKED WITH DRIVERS BEFORE WE REALLY PROCEEDED WITH THE ISSUES THAT THEY SEE AND WE CAN ADDRESS IT COMING TOGETHER AND BEING PROACTIVE ABOUT IT. TO COUNCILOR BASSAN'S POINT ALSO CONNECTING THOSE WHO NEED SERVICES TO THOSE SERVICES. I THINK THAT AS THINGS PROGRESS I KNOW THAT COUNCILOR BASSAN AND I HAVE DISCUSSED OTHER WAYS TO REALLY PROVIDE SERVICES. I THINK THAT GETTING TO PEOPLE AND WHERE THEY ARE IS IMPORTANT. WHETHER IT'S CONNECTING TO WHAT WE CURRENTLY UTILIZE AS COMMUNITY SAFETY TO OUR TRANSIT WOULD BE SOMETHING THAT WE COULD LOOK AT FOR THE FUTURE. I THINK THAT MORE RIDERS WILL BE UTILIZING THE BUS AND THAT'S GREAT THING. I DON'T WANT TO BELABOR THE POINT, I THINK THIS HAS BEEN A LONG JOURNEY HERE. I KNOW THAT COUNCILOR DAVIS AND COUNCILOR BENTON AND MANY OTHER COUNCILORS HERE LED THAT CHARGE. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR SENA. IT LOOKS LIKE WE HAVE ONE MORE COMMENT FROM COUNCILOR BENTON. >>COUN. BENTON: THANK YOU, MADAM PRESIDENT. I'M SORRY, I MISSED SOME OF THE DISCUSSION AND HAVING TO SWITCH OVER. I THINK I'VE GOT A BETTER CONNECTION. I STRONGLY SUPPORT THE INTENT OF THIS ORDINANCE. I DON'T THINK WE'RE READY FOR PRIME TIME. I THINK WE NEED MORE ANSWERS THAN WHAT WE'VE HEARD WITH REGARD TO SECURITY IN THE SYSTEM. JUST SUDDENLY IMPLEMENT FREE FARES IS CAVALIER AT THIS POINT WITHOUT HAVING THE INFORMATION. I'M A SPONSOR, BUT I REALLY THINK WE NEED TO STEP PACK FOR A MINUTE AND MY PROPOSAL A DEFERRAL UNTIL OCTOBER 4th. I REALLY WANT TO HEAR A ROBUST SECURITY PLAN FOR THE ENTIRE SYSTEM. BUT ESPECIALLY ON THE MOST TRAVELLED ROUTES. CENTRAL, SAN MATEO, LOMAS AND MENAUL. WHAT'S THE PLAN? I NEED TO SEE IT BEFORE I CAN SEE ALL OF THE PROPOSALS MOVING FORWARD WHICH I'VE ALWAYS SUPPORTED. I THINK FOLKS IN THE COMMUNITY WOULDN'T JUST LOOK PAST THIS AND SAY WELL LET'S JUST DO IT. NO. I'M NOT CONVINCED WE HAVE ADEQUATE SECURITY TODAY ON THE SYSTEM MUCH LESS FREE FARES. I AM MOVING A DEFERRAL UNTIL OCTOBER 4th. >>COUN. BORREGO: COUNCILOR, I'LL YOU WERE GONE WE HAD A MOTION AND A SECOND TO MOVE THIS FORWARD. >>COUN. BENTON: YES, MA'AM. >>COUN. BORREGO: IT LOOKS LIKE I HAVE A SECOND FROM COUNCILOR GIBSON. >>COUN. GIBSON: YES, SECOND. >>COUN. BORREGO: THE DEFERRAL SUPERSEDES OUR MOTION. ANY OTHER COMMENTS? COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT, THANK YOU, COUNCILOR BENTON I THINK YOU'RE SPOT ON. I SEE THE URGENCY ON ONE HAND OF THE INTENTION OF WANTING TO DO THIS, I KNOW IT'S NO SECRET THAT I'M CONCERNED ABOUT CRIME AND MAKING SURE WE REDUCE THAT OR DON'T UNINTENTIONALLY INCREASE IT. I DEFINITELY WILL SUPPORT THIS DEFERRAL. IT'S COME TO MY ATTENTION AND IT'S FUG FOG FOGGY IN MY MIND. DID WE SAY WE WOULD GET A REPORT ON FINDINGS OF THE SECURITY AND WHAT IT LOOKS LIKE BEFORE WE VOTE ON THIS? HAVE WE RECEIVED THAT? HAVE WE HAD THAT? >>COUN. BENTON: MADAM PRESIDENT, NOT THAT I KNOW OF. THIS IS A CRITICAL ISSUE. IT'S A CRITICAL ISSUE TO THE VIABILITY OF PUBLIC TRANSALITY -- IN GENERAL AND UNTIL WE GET A GRIP ON IT. WE DON'T HAVE A GRIP ON IT. I'M PROBABLY NOT SUPPOSED TO BE SAYING THIS PAUSE I'M THE BIGGEST TRANSIT SUPPORTER YOU'VE EVER SAW. I DON'T WANT TO DIMINISH THE CREDIBILITY OF THE SAFETY OF THE SYSTEM. I WOULD GET ON A BUS MYSELF TODAY IF I NEEDED TO GO SOMEWHERE AND THAT WAS MY OPTION. IT'S PRETTY ROUGH OUT THERE. I'M AN OLD KID THAT GREW UP IN PUERTO RICO AND THAT'S ROUGH, BUT I THINK RIGHT NOW WE'RE READY TO SEE IT SUCCEED UNDER THE QUESTIONS WE HAVE TODAY. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON. COUNCILOR SENA AND COUNCILOR DAVIS. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. IT WAS FROM MY UNDERSTANDING THAT THE TRANSIT DID MEET WITH COUNCILORS. I GUESS IT WAS A PRESUMPTION ON MY END. LOOKING AT SECURITY INCIDENCES BASED OF THE PRESENTATIONS SOME OF THE SECURITY INCIDENCE FROM JUNE AND JULY WAS 31. I KNOW THAT BASED OFF OF OTHER PILOT PROGRAMS THAT WE EVALUATED IN THE CITY OFTENTIMES WHAT WE SEE IS INCREASED RIDERSHIP. MORE PEOPLE ON BUSES, ALSO MITIGATES SOME OF THE SECURITY CONCERNS. I THINK WE ALWAYS WANT TO ADDRESS SOME OF THE SECURITY CONCERNS THAT OUR FELLOW COUNCILORS DO HAVE. I KNOW THAT THEY ARE PUSHING FOR ADDITIONAL SECURITY. I THINK OVERALL WHAT I WOULD LOVE TO SEE, NOT JUST SECURITY, IS SOCIAL SERVICES AS WE HAVE STATED. DURING MY RIDE-ALONG ON THE BASE WHICH HAS OCCURRED A FEW TIMES. ONCE WILE DOING A SIMPLE RIDE-ALONG OTHER TIMES WITH THE YOUTH AND ANOTHER TIME WHILE ACTUALLY ON SEPARATE RIDE-ALONG WITHIN APD THAT SOME OF THE INCIDENTS I'VE WITNESSED MYSELF SUCH AS THOSE INDIVIDUALS THAT SUFFER FROM ADDICTION THEY JUST NEEDED TO CONNECT SERVICES. WHETHER SOCIAL SERVICE WORKER IS SITTING ON THE BUS TO CONNECT TO THE SERVICE IS A BIGGER ISSUE THAT WE SHOULD BE ADDRESSING. I THINK THAT IN TERMS OF WHAT I HAD HEARD FROM SOME OF THE DRIVERS WHEN I TALKED TO THEM DIRECTLY ONE OF THE BIGGEST CAUSES WAS MASKS. THERE'S A FEDERAL MASK MANDATE BY THE FDA ALONG BUS ROUTE. THAT WILL CONTINUE THROUGH THE PANDEMIC. THAT WAS ONE OF THE REASON FOR THAT. I WILL SAY THAT EVEN TO THE CREDIT OF TRANSIT NOW BUS DRIVERS ARE ACTUALLY BEING TRAINED FOR DE-ESCALATION. SEEING THAT PLAY OUT FOR MYSELF HAS BENEFITTED THE COMMUNITY BUT ALSO WORKING CONDITIONS OF OUR DRIVERS. I THINK THAT WE'VE BEEN DEFERRING THIS FOR QUITE SOME TIME. I THINK THAT DEPENDING ON HOW THE REST OF THE THE CO-SPONSORS FEELS THAT THIS PRESENTATION, I GUESS WAS A PRESUMPTION ON MY END. I WILL NOTE THAT BECAUSE WE'VE PASSED THIS IN TERMS OF APPROPRIATION, EVEN WHEN I GOT ON THE BUS I RODE FOR FREE. WE HAVEN'T BEEN CHECKING FARES. DIRECTOR HOLCOMB PLEASE CORRECT ME IF I'M WRONG, WE HAVEN'T BEEN. IF THERE HAD BEEN AN UPTICK BECAUSE OF THAT, I THINK THAT'S SOMETHING WE CAN EVALUATE. SO FAR, EVEN AS I HAVE RODE THE BUS IT HAS INCREASED RIDERSHIP BUT I HAVE NOT SEEN ESCALATION. OF COURSE THAT'S ONLY WHEN I'M RIDING THE BUS. I THINK WE CAN CONTINUE THAT CONVERSATION WHEN IT COMES TO SECURITY. I WOULD LOVE TO HAVE MORE WRAP-AROUND SERVICES. ESPECIALLY THOSE THAT NEED THOSE SERVICES. THOSE THAT ARE FACING HOMELESSNESS OR ADDICTION THAT ARE ON OUR BUSES. >>COUN. BORREGO: COUNCILOR DAVIS AND COUNCILOR JONES. COUNCILOR DAVIS HAS BEEN WAITING FOR A WHILE. >>COUN. DAVIS: THANKS, MADAM PRESIDENT. I'LL MAKE IT BRIEF. COUNCILOR SENA MENTIONED THE SAME THING I WAS GOING TO. I'M AN ADVOCATE OF DOING THIS AND DOING IT SAFELY AND RIGHT. WE'VE ALL HAD CONVERSATIONS ABOUT IT. I THINK WE ASKED OF THE COUNCIL AND THE ADMINISTRATION AND ADVOCATES TO PUT TOGETHER AND CREATE A PUBLIC SAFETY WORKING GROUP TO DEAL WITH TRANSIT QUESTIONS ABOUT THIS. THEY TALKED TO EXPERTS AND THE PRESENTATION THAT COUNCILOR SENA MENTIONED WAS IN EARLY AUGUST. IN KANSAS CITY THEY REPORTED THAT 80% TO 90% OF CALLS WERE FARE DISPUTS THAT WENT AWAY. OUR OWN SECURITY DATA AS COUNCILOR SENA MENTIONED FOR THE ENTIRE PERIOD OF JANUARY TO SKRUN -- JUNE THIS YEAR. THERE WERE 135 TRANSIT SECURITY INCIDENTS ONLY 32 WERE IN THE BUS. THE REST WERE AT STOPS. THAT'S LESS THAN INCIDENT ON A BUS EVERY THREE DAYS THAT REQUIRED A SERVICE OF A SECURITY OFFICER OR APD. WE ARE ALL RIGHT TO ASK THOSE QUESTIONS. WHEN THE BUS DRIVER SAY THE BEST THING WE CAN DO IS ELIMINATE TRANSIT FARE. I THINK WE SHOULD LISTEN TO THE EXPERTS. I DON'T KNOW HOW ANOTHER DEFERRAL WOULD DO THAT. I FEEL LIKE THERE'S NO WAY TO ANSWER ALL THOSE QUESTIONS. I'M COMIN' I'M COMFORTABLE WE CAN MOVE FORWARD. WE'RE ALSO IN A PLACE WHERE WE HAVE TO MAKE THIS DECISION BEFORE THE FIRST OF THE YEAR SO WE CAN DECIDE IF WE'RE GOING TO MAKE THIS A PERMANENT PROGRAM IN NEXT YEAR'S BUDGET. I THINK ABSENT SOMETHING OF REALLY CHANGING WE SHOULD. I OPPOSE THE DEFERRAL BECAUSE I THINK WE ANSWERED THE QUESTION. I TRUST THE EXPERTS THAT SAID THEY CAN DO THIS. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS. WE'LL MOVE TO COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. I APPRECIATE WHAT YOU ALL ARE SAYING. I MOST ESPECIALLY INTERESTED TO HEAR WE GOT THIS PRESENTATION. IT DID NOT INCLUDE ME. IF WE'RE GOING TO GET THE PRESENTATION NEXT TIME CAN THE ENTIRE COUNCIL SEE IT. I'M BEHIND ZERO FARES. I THINK WE'RE MISSING THE BIG PICTURE. I THINK WE'RE FORGETTING WHAT OUR CITY NEEDS TO BE AND WANTS TO BE. IN ORDER TO HAVE A CITY AND VIBRANT DOWNTOWN OUR BUS SERVICE HAS TO TAKE WORKERS DOWNTOWN FROM OTHER AREAS OF THE CITY SO WE'RE NOT SPENDING MORE MONEY ON PARKING STRUCTURES BUT IT REQUIRES WORKERS TO PAY FOR PUBLIC PARKING. IF WE WANT TO BE A VIBRANT CITY WE NEED A PUBLIC TRANSIT SYSTEM THAT SERVES EVERYONE. HOMELESS PEOPLE NEED TO BE SERVED. BUT I WOULD LIKE TO SEE US TAKE A STEP BACK AND LOOK AT THIS AND UNDERSTAND THAT CRIME AND UNCOMFORTABLE SITUATIONS ON A BUS WILL STOP THE PEOPLE WHO USE IT FOR TRUE TRANSIT TO GET FROM THE WEST SIDE TO DOWNTOWN OR THE EAST SIDE TO TOWN DOWN FROM ALL OVER THE CITY TO THE BASE, TO WORK IN THE NEW BUSINESSES THAT ARE BOOMING ON THE WEST SIDE. I THINK WE NEED TO LOOK AT THE BIG PICTURE. I'M DISAPPOINTED THAT WE DON'T HAVE MORE INFORMATION. I'M DISAPPOINTED THAT WE DON'T HAVE A BIGGER PICTURE. AGAIN, I AM ALL FOR HELPING AND TRANSPORTING THE HOMELESS AND THE NEEDY, BUT LET'S LOOK AT WHAT WE WANT TO BE AS A CITY. WHAT DO WE WANT TO BE AS A CITY? DO WE WANT TO BE A SUCCESSFUL CITY WITH JOBS FOR EVERYONE. LET'S TAKE A BIGGER PICTURE. LET'S LOOK AT THE BIGGER PICTURE. I LIKE THE IDEA OF NO FARES, I LIKE THE IDEA OF NO FARES NO MATTER WHO RIDES. THAT'S WHAT WE WANT THEM TO DO IS RIDE. I DON'T THINK THIS IS READY FOR PRIME TIME YET. I WOULD CERTAINLY LIKE TO SEE INPUT FROM THE CITIZENS WHO MIGHT ALSO USE THE BUS SERVICE. WITH THAT, THANK YOU FOR THE TIME. I SUPPORT THE IDEA, I DON'T SUPPORT THE NARROW SCOPE OF THE IDEA. >>COUN. BORREGO: COUNCILOR JONES, THANK YOU. WE HAVE SEVERAL OTHER COUNCILORS WANTING TO SPEAK. WE ALSO HAVE THE MAYOR'S CONFERENCE ROOM WANTING TO SPEAK. I'M GOING TO GO TO COUNCILORS FIRST. COUNCILOR BASSAN, COUNCILOR BENTON, AND TO THE MAYOR'S CONFERENCE ROOM. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. PART OF THIS WILL HELP THE MAYOR'S CONFERENCE ROOM. DID WE RECEIVE A PRESENTATION? I'M FULLY WILLING TO SAY THAT I SPACED IT OUT BUT I CAN'T FIND IT IN MY EMAIL. I WOULD LIKE TO KNOW WHEN WE RECEIVED THAT. IF YOU CAN REMIND ME? >> YES, COUNCILORS WERE SENT RESERVATION. THEIR POLICY ANALYST WENT. >>COUN. BASSAN: I DO REMEMBER MEETING WITH YOU, I DON'T THINK I WAS -- I DON'T KNOW WHAT I WAS. AT THE SAME TIME I THINK SOME COUNCILORS HAVEN'T BEEN UPDATED ON IT. I THINK THAT IS A SHAME. HOWEVER, THAT IN AND OF ITSELF IS MORE REASON WHY WE NEED TO BE ABLE TO ANSWER THESE QUESTIONS. IT'S A COMMON THEME WE'VE HAD TONIGHT. WE'RE SAYING, AND MAYBE IT'S WE HAVE A WHOLE BUNCH OF THINGS ON OUR PLATE. AND WE'RE WORKING ON ALL OF THIS STUFF. AT THE SAME TIMEWY NEED TO BE ABLE TO ANSWER THE QUESTION. RIGHT NOW MY CONCERN IS SAFETY. I THINK THAT THIS MAKES SENSE TO HAVE ZERO FARES AND TRY THIS. HONESTLY, IF COUNCILOR BENTON WHO I'M GOING TO COIN TONIGHT AS THE KING OF PUBLIC TRANSIT GURU-SHIP, THAT'S GOING TO BE IN THE PAPER TOMORROW. I THINK THAT IF HE SAYS THERE'S NOT READY IT'S SOMETHING I NEED TO PAY ATTENTION TO. HE'S MORE KNOWLEDGEABLE ON THIS THAN I AM. I'M WILLING TO ADMIT THAT. I BELIEVE WE'VEIRONED OUT KINKS. IT'S HARD TO PUSH FORWARD TO THIS WHEN WE CAN GET THE ANSWERS TO OUR QUESTIONS AND FEEL REALLY, REALLY CONFIDENT ABOUT THE WAY WE'RE HEADING. >>COUN. BORREGO: THANK YOU, COUNCILOR BASSAN. COUNCILOR BENTON. >>COUN. BENTON: YES, IT'S SUCH AN IMPORTANT DISCUSSION. THAT'S WHY I MOVE FOR DEFERRAL. DOES THE ADMINISTRATION, MOVING FORWARD, IMMEDIATELY SUPPORT MOVING FORWARD WITH THIS ORDINANCE CHANGE? >> MADAM PRESIDENT, COUNCILOR BENTON, I'D LIKE TO POINT OUT THAT WE HAD THREE MEETINGS SCHEDULED. WE TRY TO WHENEVER WE'RE DOING REPORTS IS SCHEDULE THREE SEPARATE MEETINGS WITH FOUR DIFFERENT COUNCILORS SO THERE'S NO QUESTION OF QUORUM. THE FIRST MEETING WAS AUGUST 12th. THERE WAS A NUMBER OF COUNCILORS INVITED. WE HAD COUNCIL STAFF INVITED TO THE MEETING. THE SECOND MEETING WAS FRIDAY AUGUST 13th AND AN ADDITIONAL MEETING AUGUST 16th. WE CAN FORWARD THESE INVITES BACK AND SHOW AND SEND IT TO YOU TO SEE THEM. IN THESE MEETINGS IS WHERE THEY DISCUSSED THE PLAN AND HOW WE MOVE FORWARD. WE WANTED TO BE SURE WE GOT THAT DONE BEFORE FINAL ACTION WAS TAKE ON THE BILL. IT HAS BEEN DEFERRED A COME OF TIMES. IT MIGHT NOT BE SOMETHING THAT THE COUNCILORS REMEMBER OR THE POLICY ANALYST REMEMBER, BUT THOSE MEETINGS WERE SCHEDULED. WE DID THE PRESENTATION. COUNCIL STAFF WAS THERE, WE HAD TRANSIT THERE, WE HAD MR. ROGERS FROM SECURITY THERE. THESE WERE DISCUSSED. IF COUNCIL WANTS TO DEFER SO WE CAN GIVE THAT INFORMATION BACK, WE'RE MORE THAN MAPPY TO DO THAT. THESE WERE SCHEDULED WITH COUNCILOR AND COUNCIL STAFF AND POLICY ANALYST. >>COUN. BENTON: MADAM PRESIDENT, IF I MAY. BECAUSE THEY WERE SCHEDULED DOESN'T MEAN THEY HAPPENED. IF THEY DIDN'T HAPPEN, WE'RE NOT READY TO MOVE FORWARD ON THIS. THAT MY OPINION. I'VE HAD SOME DISCUSSIONS WITH THE DIRECTOR AND OTHERS ABOUT THE WHOLE IDEA AND I'VE MADE CLEAR IN EVERY CIRCUMSTANCE I BELIEVE HOW I AM VERY CONCERNED ABOUT THE LACK OF A ROBUST TRANSIT SECURITY COMPONENT. I'M NOT TALKING ABOUT DRIVERS BEING TAUGHT DE-ESCALATION. I'M TALKING ABOUT HAVING ADDITIONAL PEOPLE ON THE BUSES AND WAS STATED AT THE STOPS. THAT'S WHAT TRANSIT SECURITY IS SUPPOSED TO BE ABOUT. NOW TRANSIT SECURITY USED TO EXIST PRIOR TO THIS ADMINISTRATION UNDER TRANSIT. NO NOW THEY'RE UNDER DMD. I DON'T SEE MUCH FOCUS WITH THE ADMINISTRATION'S PLAN WITH REGARD TO TRANSIT SECURITY. AND BY SECURITY, THAT INCLUDES THEIR RESPONSE. WE ALL KNOW THAT'S A CHALLENGE IN OUR COMMUNITY IN GENERAL. WHETHER IT'S ON THE BUS OR ON THE STREET OR ANYWHERE ELSE. THESE ARE -- I'M JUST GOING TO SAY WHATEVER. MAYBE I MISSED THE MEETING OR THE IMPORTANCE OF THE MEETING THAT WE'RE GOING FORWARD AND EVERYTHING IS OKAY WITH REGARD TO SAFETY ON THE STREET AT THE BUS STOPS. I'M SORRY, BUT I REALLY WANT EQUITY ON THIS. I WANT FREE FARES. I DON'T THINK WE'RE READY FOR PRIME TIME. JUST BECAUSE THE BUDGET IS COMING UP THAT WE APPROPRIATED SOME MONEY, WE CAN REAPPROPRIATE SOME MONEY. I DON'T THINK WE'RE READY TO IMPLEMENT THIS PROGRAM. THANK YOU. >> IF I MAY, I APOLOGIZE. ON FRIDAY THE 13th, NATHAN DID ATTEND THE MEETING. HE WAS IN THE MEETING WITH THIS PRESENTATION. I JUST WANTED TO MAKE THAT CLEAR. >>COUN. BORREGO: COUNCILOR BENTON, YOU'RE MUTED. >>COUN. BENTON: WE CAN DISCUSS THAT LATER. I DID GET A BRIEFING FROM MY POLICY ANALYST ON THIS. I DON'T THINK IT'S READY TO GO. >>COUN. BORREGO: SORRY, I WAS HAVE TECHNICAL ISSUES. COUNCILOR SENA, COUNCILOR BASSAN, AND COUNCILOR GIBSON. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I'M GOING TO HOPE THAT MAYBE THE SPONSOR OR THE MAKER OF THE MOTION WOULD POSSIBLY BE WILL TO ENTERTAIN FOR THE NEXT COUNCIL MEETING WHILE WE WORK OUT THE KINKS. ONE THING I WANT TO NOTE BECAUSE IT WAS STATED PREVIOUSLY, 32% OF RIDERS ARE UTILIZING IT FOR WORK, 18% FOR SHOPPING, 14% FOR UNIVERSITY AND COMMUNITY COLLEGES, 12% FOR MEDICAL REASONS, 11% FOR SOCIAL AND PERSONAL, 5% FOR RESTAURANTS, 4% RECREATIONAL, 3% FOR K-12, AND 1% FOR CHURCH. FOR THOSE UTILIZING IT, IN TERMS OF THE VEHICLE AVAILABILITY, IS 45% DON'T HAVE A VEHICLE. WHILE 27% DO HAVE A VEHICLE AND IT IS AVAILABLE AND 28% HAVE A VEHICLE BUT IT'S NOT AVAILABLE. AS WE TALK ABOUT RIDERSHIP, IT'S NOT OUR HOMELESS POPULATION, IT'S PEOPLE TRYING TO MAKE THE COMMUTE. I THINK THAT THIS PRESENTATION IS IMPORTANT IN TERMS OF UNDERSTANDING THE WHOLE SCOPE OF THOSE THAT ARE UTILIZING OUR TRANSIT SYSTEM. AND WHAT WE'RE REALLY SEEING IN TERMS OF THOSE THAT USE IT. AS WELL AS REALLY INVITING THE COUNCILORS TO JOIN ON A RIDE-ALONG ON A BUS. I THINK IT'S IMPORTANT TO SEE OUR CONSTITUENTS AND COMMUNITY RIDING THE BUS BECAUSE LIKE I HAVE STATED PREVIOUSLY THIS GENUINELY PROVIDES EQUITY AND ACCESS. AS WE TALK ABOUT SUSTAINBABILITY THIS IS GOATING MORE CARS OFF THE STREETS. I THINK IT IS UNFORTUNATE NOT EVERYONE CAN MAKE THE MEETINGS. I THINK THAT PRESENTATION WILL BE AVAILABLE TO ALL COUNCILORS. I THINK THAT, AGAIN STRESS, THAT WE SHOULD IMPLEMENT THIS BECAUSE IT'S PRETTY MUCH ALREADY UNDERGOING. HOWEVER, I DO UNDERSTAND THE CONCERNS OF OUR FELLOW COUNCILORS AND WANT THOSE TO BE ADDRESSED. I'M PUSHING FOR A DEFERRAL UNTIL THE NEXT COUNCIL MEETING AND WE ARRANGE OUR SCHEDULES TO DO THE TRANSIT PRESENTATION. >>COUN. BORREGO: THANK YOU, COUNCILOR SENA. COUNCILOR BASSAN AND COUNCILOR GIBSON. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. FOR FULL OWNERSHIP OF MY COMMENT, ADMINISTRATION DIRECTOR, YES I WAS AT THAT PRESENTATION. YES, IT HAS BEEN SENT TO ME AGAIN BECAUSE I NEEDED TO BE REFRESHED. HOWEVER, I'M ALSO CONFUSED AND THIS IS WHERE I STILL ALIGN WITH WHAT COUNCILOR BENTON IS SAYING, IT DOESN'T HAVE A PLAN FOR SECURITY MEASURES. IT HAS STATISTICS. WHICH IS GREAT. THAT'S WHY I THOUGHT I WAS GETTING WHO RIDES IT, WHO NEEDS IT, WHAT IT'S GOING TO COST, WHAT RISKS THERE ARE, WHAT PROBLEMS ARISE, BUT ARE WE GOING TO DO ABOUT IT? WHY CAN'T WE HAVE SOME PLANS. HERE WE ARE AGAIN, IN MY OPINION, IMPLEMENTING SOMETHING AND APPROVING SOMETHING SAYING WE'RE GOING TO COME UP WITH A PLAN LATER. I DON'T UNDERSTAND WHY WE DO THINGS SO BACKWARDS. I THOUGHT IT WAS A GREAT PRESENTATION, BUT IT WASN'T A PRESENTATION FOR THE REQUEST ABOUT IMPLEMENTING SECURITY ON THE ZERO FAIR TRANSIT BUSES. THAT IS SOMETHING THAT I REALLY WOULD LIKE TO SEE. I HOPE WE CAN PASS THIS SOON. AGAIN, I STRUGGLE TO VOTE SOMETHING WHEN WE'RE PROMISING SOMETHING LATER ESPECIALLY WHEN WE'RE TALKING ABOUT THE SECURITY OF RESIDENTS IN ALBUQUERQUE. >> IF IT IS THE WILL OF THE COUNCIL AND THEY LIKE TO DEFER WE CAN SCHEDULE THE MEETING AGAIN AND HAVE A MORE -- MR. ROGERS WAS THEREFROM SECURITY TO ANSWER QUESTIONS. IF YOU LIKE TO SEE A PLAN OR SOMETHING LIKE THAT SORE SOMETHING WE CAN DO. >>COUN. BORREGO: WE HAVE MORE COMMENTS FROM COUNCILOR GIBSON. >>COUN. BASSAN: IF I MAY RESPOND TO THAT AS IT WAS MY REQUEST. THAT WOULD BE GREAT, MR.PADILLA EXCEPT FOR WHAT PLAN? I WOULD LIKE TO HAVE THAT. YES, THERE WAS SECURITY THERE. I DON'T KNOW WHAT QUESTIONS TO ASK. I WANT TO KNOW THE PLAN. I'M NOT THE EXPERT. I NEED FROM THE EXPERTS TO TEACH WHY WHY I SHOULD FEEL SECURE ABOUT DOING THIS FOR THE PUBLIC. IN ADDITION TO THE CONVENIENCE. IN ADDITION TO THE FACT THAT IT MIGHT REDUCE SOME OF THE ALTERCATIONS THAT DOES HAPPEN. I WOULD REALLY LIKE A PLAN. HOW DO WE KEEP PEOPLE SAFE OR AT LEAST KEEP PEOPLE TAVE. IT CAN'T BE HIRE MORE PEOPLE BECAUSE WE CAN'T. WE'RE TRYING AND IT'S REALLY, REALLY HARD. >>COUN. GIBSON: THANK YOU, MADAM CHAIR. YOU'LL PROBABLY ONLY HEAR ME SAY THIS ONE TIME. I ABSOLUTELY AGREE WITH COUNCILOR BASSAN. I WOULD ALSO LIKE TO SEE A PLAN. I WOULD LIKE TO SEE HOW MANY SECURITY OFFICERS THE DEPARTMENT EXPECTS TO USE AND MAYBE WHERE AND HOW AND WHAT BUS STOPS ARE GOING TO BE MONITORED AND SERVICED BY SECURITY PERSONNEL. I HAVE TO ACKNOWLEDGE THAT WE ARE -- EVEN THOUGH THIS HAS BEEN FUNDED FOR A YEAR, I DON'T THINK THIS PORTION HAS BEEN FUNDED. THE SECURITY ADDITIONAL POSITIONS. MAYBE SOMEBODY CAN CORRECT ME IF I'M WRONG ABOUT THAT. IF I'M CORRECT, I DON'T THINK IT'S AN EASY THING TO ASSUME THAT WE WILL BE ABLE TO COVER THOSE ADDITIONAL COSTS. I THINK THAT WE'RE TRYING TO DO SEVERAL THINGS. WE WANT TO MAKE THIS SERVE EVERYONE AND WE WANT TO INVITE PEOPLE WHO TYPICALLY DON'T USE TRANSIT TO USE IT AGAIN. AND WE ALSO WANT TO KEEP EVERYBODY SAFE, NOT LEAST OF WHICH ARE THE DRIVERS. I THINK I'VE DECIDED NOW THAT I WAS FOR DEFERRAL. AND WE CAN DEFER AS LONG AS THE DEPARTMENT NEEDS TO PUT TOGETHER A PLAN. THAT'S ALL I HAVE. THANK YOU. >> MADAM CHAIR, COUNCILOR GIBSON, WE DO HAVE DIRECTOR MONTOYA THAT'S ON. HE MIGHT BE ABLE TO SHED SOME LIGHT ON A COUPLE OF COMMENTS MADE THERE. >> MADAM PRESIDENT, COUNCILOR BASSAN, I'LL ADDRESS IT TO YOU. I FEEL A DISCONNECT WITH WHAT WE'RE TASKED TO DO PRIOR TO TONIGHT'S MEETING. LET ME SAY WE CAN ASSURE YOU THAT WE WITHIN THE DMD SECURITY CAN COME UP WITH A WRITTEN PLAN THAT ADDRESSES CONCERNS. BASED ON WHAT COUNCILOR GIBSON SAID, I WANT TO MENTION THERE WERE TEN POSITIONS FUNDED IN THE PREVIOUS BUDGET FOR TRANSIT. IN THIS YEAR THERE'S ANOTHER TEN POSITION. THERE'S A TOTAL OF 20 POSITIONS EARMARKED SPECIFICALLY FOR TRANSIT. AND WE HAVE SOME OF THE SECURITY OFFICERS FROM THE DMD SIDE AND GENERAL SECURITY TO BRING IT UP TO 27 OR SO. WE DON'T HAVE A WRITTEN PLAN. I CAN ASSURE YOU THAT WITH DEPUTY DIRECTOR ROGERS WORKING WITH MR. HOLCOMB WE CAN ADDRESS THE CONCERNS YOU'RE RAISING SO THAT AT LEAST IT WOULD MAKE YOU MORE COMFORTABLE AS TO WHAT THE BUSES WE WOULD BE ABLE TO ADDRESS. AS YOU KNOW THE BUSES START THEIR ROUTES AT 5:30 A.M. WE WON'T HAVE AN OFFICER EVERY BUS EVERY MINUTE OF THE DAY, NOR EVERY BUS STOP THROUGHOUT. WE CONCENTRATE ON PARK ROUTE AND THE LOMAS AND MENAUL ROUTE. JUST TO SUM UP, THAT WE CAN PROVIDE FOR YOU. NOT EVEN AT YOUR REQUEST, WE'LL PURSUE IT SO WE HAVE SOMETHING READY FOR YOU. >>COUN. BORREGO: WE'RE GOING BACK TO COUNCILOR BENTON. >>COUN. BENTON: I APPRECIATE THAT STRAIGHT ANSWER FROM DIRECTOR OF DMD. BUT THIS IS PART OF THE PROBLEM I'M TALKING ABOUT. WE USED TO HAVE A SECURITY, EVEN THOUGH THEY DON'T HAVE POLICE POWERS, THAT WAS FOCUSED ON THE UNIQUE CHALLENGES OF TRANSIT. INSTEAD, FOR WHATEVER ADMINISTRATIVE REASON THEY'VE BEEN MOVED TO A DIFFERENT DEPARTMENT. NO KNOCK ON DIRECTOR MONTOYA AND HIS DEPARTMENT. I'M JUST SAYING ALL THERE ARE GAPS. THESE ARE UNIQUE NEEDS OF SECURITY. IT'S SOMETHING WE REALLY OUGHT TO DISCUSS. WE HAD A DISCUSSION WITH THE TRANSIT DISTRICT AND RAILRUNNER AND EVERYONE ELSE. I JUST WANT TO SAY THAT FIRST OF ALL I RIDE THE BUS REGULARLY. I DO SEE PLENTY. HEY, I PERSONALLY CALMED DOWN ALTERCATIONS GOING ON IN THE 66 WHEN I WAS RIDING. IN THIS PRESENTATION, NOW THAT REMEMBER IT NATHAN WENT BECAUSE I COULDN'T GO. WHAT I HEARD FROM THEM WAS NOTHING NEW. THAT WAS THE PROBLEM AND THAT'S WHY I DIDN'T REMEMBER IT. IT WAS NOTHING NEW. WHAT WE'VE GOT IS A NEED FOR A LARGER DISCUSSION ABOUT -- NOT ABOUT WE WERE CHARGING RECENTLY AND STATISTICS LOOK GREAT. WELL NOBODY PUBLICIZED THEY WEREN'T CHARGING. I'M VERY INTERESTED IN WHAT HAPPENED IN KANSAS CITY AND HOW THAT WORKED. I WOULD BE HAPPY TO DISCUSS THIS ON A LEVEL THAT GOES BEYOND JUST WHICH DEPARTMENT AND SECURITY. THEY'RE NOT IN THE SAME DEPARTMENT AS TRANSIT. FURTHERMORE, THEY HAVE NO POWERS TO REMOVE ANYBODY FROM THE BUS WITHOUT A TRANSIT SUPERVISOR COMING AND SAYING OKAY YOU CAN REMOVE FREM FROM THE BUS. AND THE BUS IS SITTING THERE FOR 15 MINUTES WHILE THE GUY SHOWS UP. IF WE WANT TO HAVE A PROGRAM WHERE WE HAVE A ROBUST SYSTEM OF STREET OUTREACH WHO DEAL WITH BEHAVIORAL HEALTH AND ADDICTION, RIDING THE BUS I'D BE ALL FOR THAT. THAT'S WHAT I'D LIKE TO HAVE A DISCUSSION ABOUT AS OPPOSED TO LET'S IMPLEMENT THIS RIGHT NOW AND SEE WHAT HAPPENS. WHAT HAPPENED IN KC DOESN'T GO NECESSARILY IN ALBUQUERQUE. >>COUN. PEÑA: DO WE THE DIRECTOR FROM TRANSIT? RIGHT NOW, I'M NOT THE BUS GURU, I VOTED AGAINST ART BUT I RIDE THE BUS REGULARLY AND I HAVE RIDDEN IT AT DAY AND NIGHT. I FEEL LIKE SOME OF THE CONVERSATION IS JUST MAKING ME UNCOMFORTABLE. I FEEL LIKE POVERTY IS NOT A CRIME. I JUST WANTED TO KNOW, IT WAS MY UNDERSTANDING THAT THE HONOR SYSTEM IS THE WAY ART WAS SUPPOSED TO OPERATE. TECHNICALLY, DON'T PEOPLE GET ON NOW AND JUST DON'T PAY? SO WE DO UPERATE ON AN HONOR SYSTEM. THAT WAS MY UNDERSTANDING. I DO RIDE THE BUS, AND SEE PEOPLE GET ON AND SOME PEOPLE DON'T PAY AND SOME PEOPLE DO PAY. SOME PEOPLE HAVE THE PASSES. IT IS ON AN HONOR SYSTEM. TECHNICALLY, THE PEOPLE WHO ARE ADDICTED RIGHT NOW AND CREATING HAVOC CAN JUST GET ON THE BUS NOW RIGHT? THEY'RE ON THE HONOR SYSTEM. I JUST THINK THAT -- I APPRECIATE CONVERSATIONS, I'VE LEARNED SOMETHING NEW EVERY MEETING. IT WAS OUR UNDERSTANDING EVEN PRIOR TO THIS PRESENTATION WE COULDN'T AFFORD TO HAVE SECURITY ALL THE TIME. THERE'S A DISCUSSION ABOUT HOW SECURITY WORKS AND THERE'S DRIVERS AND THEY PULL OVER AND THEY HAVE TO CALL THE POLICE. LEARNING FROM THAT PRESENTATION THAT WE REALLY DON'T HAVE THE CALLS THAT WE PERCEIVE THAT WE DO. I THINK IT'S TIME TO MOVE THIS FORWARD. I THINK IT'S IMPORTANT. I THINK DURING THIS TIME OF THE PANDEMIC AND PEOPLE ARE RIDING IT GOING TO WORK. I SEE PEOPLE ALL THE TIME. WE HAVE NEIGHBORS, THEY'RE THE ONES THAT GET THE DOGS GOING IN THE NEIGHBOR, THEY'RE WALKING TO THE BUS STOP. WE SEE THEM IN THE AFTERNOON WHEN THEY'RE COMING BACK. I WASN'T GOING TO SAY ANYTHING ABOUT ALL THIS, I THINK IT'S IMPORTANT IT'S A SHORT-TERM THING. IT WORKS OUT IT WORKS OUT, BUT THE CONVERSATION ABOUT -- I JUST WANTED TO SAY POVERTY IS NOT A CRIME. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA. I THINK I'M GOING TO CALL TO QUESTION -- BEFORE I DO. I WANT TO MAKE A COUPLE COMMENTS. I THINK IT MAKES ME REALLY UNCOMFORTABLE TO ASSUME THAT THE PEOPLE THAT ARE HOMELESS ARE COMMITTING THE CRIMES. AND THAT CONCERNS ME GREATLY. I HAVE TAKEN THE BUS IN A LOT OF DIFFERENT CITY ACROSS THE COUNTRY INCLUDING PHOENIX. I TOOK THE BUS FROM SCOTSDALE TO DOWNTOWN AND GLENDALE. I SAW HOMELESS ON THE BUS, DIDN'T BOTHER ME A BIT. SAME THING IN SEATTLE AND SAN FRANCISCO. I'M NOT SURE -- I UNDERSTAND THE ISSUE OF SECURITY AND I THINK WE SHOULD PROBABLY AT SOME POINT -- AND I'VE TALKED TO MR. HOLCOMB ABOUT THIS IS LOOK AT HOW OTHER CITIES HANDLE SOME OF THE THINGS. I THINK POSSIBLY TWO WEEKS IS SUFFICIENT TIME. IF NOT, WE CAN JUST CALL THE QUESTION AND MOVE FORWARD ON THE DEFERRAL. AT THIS POINT I THINK COUNCILOR BENTON REQUESTED A DEFERRAL TO OCTOBER 4th. COUNCILOR SENA ASKED IF YOU WOULD BE WILLING TO AMEND THAT TO THE NEXT MEETING. I'M GOING TO ASK YOU THAT QUESTION, IF NOT WE'LL TAKE THIS VOTE. >>COUN. BENTON: YES, I WILL AGREE THAT FOR DEFERRAL FOR 12 DAYS. I WANT TO MAKE VERY CLEAR AND THERE'S AN IMPLICATION THERE THAT SOMEHOW WHAT I'M SAYING HAS TO DO WITH BEING AGAINST POOR PEOPLE. LET'S GETS THIS STRAIGHT, POOR PEOPLE DESERVE SECURITY AS WELL. YOU CAN DO A BALKANIZED TRANSPORTATION SYSTEM WHERE THERE'S NOTHING BUT POOR PEOPLE AND HOMELESS PEOPLE AND NOTHING BUT MENTAL HEALTH ISSUES, DO THEY DESERVE SECURITY? THAT'S ALL I'M TALKING ABOUT. I WANT TO MAKE VERY CLEAR TO ANY INSINUATIONS THAT I'M DOING THIS IN TERMS OF MAKING POVERTY A CRIME. I WANT TO MAKE IT CLEAR RIGHT NOW. EXCUSE ME, I'M NOT FINISHED, MADAM PRESIDENT. I'LL GO AHEAD AND WRAP IT UP. LOOK, AS I SAID BEFORE, WE NEED SOCIAL SERVICE PEOPLE THROUGHOUT THE PUBLIC SPHERE. AND THAT INCLUDES PUBLIC TRANSIT. I'M TALKING ABOUT SECURITY AND PUBLIC SAFETY I DO INCLUDE THE NEED FOR ALL THOSE SERVICES. I WANT TO MAKE THAT REALLY CLEAR. MEANWHILE, I WANT TO GET A PERSONAL PRESENTATION FROM THE DIRECTOR AND HIS TEAM AND JUST BECAUSE I COULDN'T MAKE IT TO THE THREE DAYS THAT WERE OFFERED DOESN'T MEAN THAT I DON'T HAVE QUESTIONS AND THEREFORE MY POLICY ANALYST ATTENDED AND GAVE ME A BRIEFING AND IT SOUNDED JUST LIKE WHAT I HAD HEARD BEFORE. I STAND BY THE NEED FOR FURTHER DISCUSSION AND THAT IT'S NOTHING AGAINST ANYBODY. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON. WHAT I HEARD IS THAT YOU WOULD DEFER THIS MOVE TO CHANGE YOUR MOTION TO 9-20 WHICH IS THE THE NEXT MEETING. THE MAKER OF THE SECOND, WOULD YOU AGREE TO THAT MOTION? COUNCILOR GIBSON. >>COUN. GIBSON: I'M SORRY -- >>COUN. BORREGO: IT WOULD BE A DEFERRAL FOR THE NEXT MEETING. >>COUN. GIBSON: ALL RIGHT. >>COUN. BORREGO: WITH THE UNDERSTANDING THERE'S A PRESENTATION FROM MR. HOLCOMB. AND MAYBE RESEARCH AND OTHER CITIES. >>COUN. GIBSON: OKAY. >>COUN. BORREGO: THANK YOU. WITH THAT, WE'LL MOVE TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: NO. >>COUN. SENA: NO. >>COUN. BORREGO: YES. THANK YOU,COUNCILORS THAT PASSES 6-2. WE'LL GO TO THE NEXT ITEM WHICH IS ITEM C. COUNCILOR DAVIS, COUNCILOR SENA, COUNCILOR PEÑA, COUNCILOR BENTON R-173. WHO WOULD LIKE TO PRESENT? >>COUN. DAVIS: MADAM PRESIDENT, THIS RELATES TO THE LAST. I'M GOING TO MAKE A MOTION TO THE DEFERAL. >>COUN. BORREGO: THANK YOU, COUNCILOR DAVIS. DO I HAVE A SECOND? I HAVE A SECOND FROM COUNCILOR SENA. ANY QUESTIONS? DOES NOT APPEAR SO. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: NO. >>COUN. SENA: YES. >>COUN. BORREGO: YES. >>COUN. BORREGO: THANK YOU, COUNCILORS. THE NEXT ITEM IS RELATED TO THE NEXT FEW ITEMS. THIS IS ITEM D. THIS IS COUNCILOR SENA, COUNCILOR PEÑA, COUNCILOR DAVIS, R-178. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. THIS IS ALSO RELATED, I WILL DEFER UNTIL SEPTEMBER 20th. >>COUN. BORREGO: THANK YOU, COUNCILOR SENA. I HAVE A SECOND FROM COUNCILOR DAVIS. ANY QUESTIONS, COUNCILORS? I DO NOT SEE ANY QUESTIONS. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: NO. >>COUN. SENA: YES. >>COUN. BORREGO: YES. >>COUN. BORREGO: THANK YOU, COUNCILORS. THAT PASSES ON A 7-1 FOR DEFERRAL TO THE NEXT MEETING. WE WILL MOVE ON TO ITEM E, WHICH IS COUNCILOR GIBSON. ITEM O-68. YOU HAVE THE FLOOR. >>COUN. GIBSON: THANK YOU, MADAM PRESIDENT. THIS IS O-68 AMENDING 4-8-8 AND 4-8-13 OF THE CITY OF ALBUQUERQUE HOSPITALITY ORDINANCE. I MOVE A DUE PASS ON THIS. IF YOU WOULD LIKE AN EXPLANATION OF THIS BILL, WE HAVE MS. MORRIS HERE WHO WILL BE ABLE TO DO IF THE COUNCIL SO DESIRES. >>COUN. JONES: I'D SECOND THAT MOTION. >>COUN. BORREGO: THANK YOU, COUNCILOR JONES, FOR THE SECOND. COULD YOU GIVE US A BRIEF DESCRIPTION. NOT EVERYONE HAS THE BILL IN FRONT OF THEM. >> MADAM CHAIR, COUNCILORS, YES I'M HAPPY TO. THIS WILL APPLY TO THE NEXT BILL I BELIEVE. THE TWO BILLS MAKE MATCHING CHANGES TO THE HOSPITALITY FEE ORDINANCE AND THE LODGERS TAX ORDINANCE. THE TWO CHANGES THAT THESE BILLS MAKE ARE, THE FIRST ONE CLARIFIES THAT THE REPORTING REQUIREMENTS APPLY EVEN IF THERE IS NO INCOME. HISTORICALLY, HOTEL AND MOTELS SUPPORTED THEIR COLLECTIONS EVERY MONTH. HOWEVER DURING COVID THERE WASN'T ANYTHING TO COLLECT. IT WASN'T CLEAR WHAT TO DO. THIS IS CLARIFYING THAT EVEN IF THERE'S NO INCOME IT STILL NEEDS TO OCCUR. THE SECOND CHANGE TO THE HOSPITALITY FEE AND THE LODGERS TAX ORDINANCE HAS TO DO WITH THE LANGUAGE ABOUT THE -- PROVIDED. THIS LANGUAGE IS ADDED ABOUT A YEAR AGO WHEN WE ADD LANGUAGE TO RECOGNIZE WE HAVE AIR BNB AND BRBO AND SHORT-TERM RENTALES TO OPERATE AND THE TAXES TO BE COLLECTED BY THEM. HOWEVER IN THE TIME SINCE THE BILL WAS PASSED IN 2019, THERE'S A LAWSUIT IN CALIFORNIA, I'M NOT SURE IT WAS CALIFORNIA, I BELIEVE CALIFORNIA WHERE THE REPORTING REQUIREMENT FOR THE MARKETPLACE PROVIDERS WAS STRUCK DOWN. THE RESPONSIBILITY FOR THE REPORTING, INSTEAD OF BEG BEING DONE BY THE MARKETPLACE PROVIDE -- (INAUDIBLE). THIS REVISION JUST STRIKES THAT REPORTING REQUIREMENTS. AND THE RESPONSIBILITY OF THE MARKETPLACE AND SHIFTS TO THE OPERATOR. >>COUN. BORREGO: THANK YOU, MS. MORRIS. >> I BELIEVE THE ADMINISTRATION HAS RENEE TO SPEAK ON IT AS WELL. >> MADAM PRESIDENT, AND COUNCILORS, I THINK SHE COVERED THE LANDSCAPE IN TERMS OF THE CHANGES. BECAUSE OF THE INABILITY TO HAVE THE AIR BNB PROVIDE THE DETAILS. NOW WE'LL GET THAT FROM THE HOST AS SHE SAID. AND WE LIKE THE REPORTING TO COME TO US JUST LIKE GRT. YOU REPORT ZERO REVENUE. AND IF YOU DID HAVE REVENUES COLLECTED THEN THAT IS REPORTED. SHE COVERED IT. IT'S STRAIGHT FORWARD. >>COUN. BORREGO: COUNCILORS, WE'RE GOING TO TAKE -- SINCE THEY DESCRIBED THESE BILLS TOGETHER WE'RE GOING TO TAKE A SEPARATE MOTION ON EACH ONE BUT WE'RE GOING TO MOVE THEM FORWARD TOGETHER. THEY SEEM LIKE COMPANION BILLS. ARE THERE ANY QUESTIONS ON O-68? I DO NOT SEE ANY HANDS UP. WITH THAT, WE'LL MOVE TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. WE'LL MOVE TO ITEM F, WHICH IS O-75. THIS IS REGARDING THE LODGERS TAX ORDINANCE OR THE HOST AS WAS DESCRIBED. ARE THERE ANY QUESTIONS FROM COUNCILORS REGARDING THIS BILL? >>COUN. GIBSON: MADAM PRESIDENT, I'LL MAKE THE MOTION FOR A DUE PASS. >>COUN. BORREGO: THANK YOU, COUNCILOR GIBSON. WE HAVE A MOTION ON O-75 FOR A DUE PASS. I HAVE A SECOND FROM COUNCILOR BENTON. WITH THAT, WE'LL MOVE TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT MOTION PASSES ON AN 8-0 VOTE. WE'LL MOVE TO H. THAT'S COUNCILOR BENTON. R-IS -- R-171. >>COUN. BENTON: CRIME MOVE A DUE PASS ON R-171 THAT IS CONCERNING FUTURE MANAGEMENT OF THE CANDELARIA NATURE PRESERVE AND APPROVAL OF THE RESOURCE MANAGEMENT PLAN. >>COUN. BORREGO: THERE IS A SECOND FROM COUNCILOR BASSAN. ARE THERE ANY QUESTIONS? >>COUN. BENTON: MADAM PRESIDENT, IF WE COULD, I'D LIKE TO ASK FOR A BRIEF UPDATE FOR -- I KNOW THIS HAS BEEN OUT HERE A LONG TIME AND MANY HAVE HEARD ABOUT IT. MAYBE MORE THAN THEY WANT. IT'S A REALLY IMPORTANT PROJECT THAT IS PART OF OUR LEGACY OF THE BOSQUE AND RIO GRANDE NATURE PRESERVE. WE'VE HAD LOT OF PUBLIC INVOLVEMENT. I WOULD ASK HER TO GIVE US QUICK BREAK DOWN AND WE HAVE THREE AMENDMENTS AND HOPING TO PASS IT TONIGHT. >> MADAM PRESIDENT, COUNCILOR BENTON, I'D ME HAPPY TO GIVE YOU A 30,000 FOOT VIEW OF THE PLAN WE DISCUSSED A COUPLE OF TIMES AT THIS POINT. THE PURPOSE OF THE PLAN IS TO SEND A MULTI-DECADE WORK PLAN INTEREST THE NATURE FOR PRESERVE. ONE OF THE MOST IMPORTANT FEATURES OF THE PLANS IS OUTLINED FUNDING TO MAINTAIN THE SITE. THAT REALLY ECLIPSED THE CITY FOR THEM TO ASK FOR THE MONEY TO MAINTAIN THE SITE. THEY WORKED WITH THE OPEN SPACE ADVISORY BOARD AND THE TECHNICAL ADVISORY GROUP REFERRED TO AS THE TAG WHICH WERE CITIZEN WHOSE WERE CONCERNED AND INTERESTED IN THE AREA AND AFTER A MULTI-YEAR PLANNING PROCESS THE PLAN BEFORE YOU WILL BE THE GUIDING DOCUMENT FOR THE SITE FOR DECADES TO COME. WITH ADOPTION OF THE PLAN WE HAVE THREE AMENDMENTS BEFORE YOU TONIGHT. IF IT'S INPLEASURE OF THE SPONSOR I CAN GO INTO THOSE. I'M GOING TO START WITH WHAT WAS LABELLED FLOOR NUMBER TWO. IT AMENDS AN AMENDMENT THIS COUNCIL PASSED IN JUNE RELATED TO HERBICIDES AND PESTICIDES ON THE SITE. THE FIRST THING IS DOES IS REMOVES LANGUAGE THAT CALLED FOR THE OPEN SPACE DIVISION TO BE ABLE TO PREDICT FUTURE HERBICIDE USE. THAT'S TRULY IMPOSSIBLE TO ASK THEM TO HAVE A CRYSTAL BALL LOOKING A YEAR INTO THE FUTURE. THAT LANGUAGE IS PROPOSED TO BE STRICKEN. THE SUBSECTION NUMBER TWO, THE BLUE TEXT, GOES ON TO ASK THE OPEN SPACE DIVISION TO WORK WITH THE ADVISORY BOARD ON A PESTICIDE PROTOCOL PLAN. THE THOUGHT BEHIND THAT IS THERE SOME NOTIFICATION TO THE ADJOINING NEIGHBORS TO THE SITE AS TO IF PESTICIDES HAD BEEN USED SO THE VISITORS AND NEIGHBORS CAN MAKE HEALTHY DECISIONS FOR THEMSELVES IF THEY WANT TO BE NEAR THE SITE AROUND THOSE TIMES. THAT SUMMARIZES FLOOR AMENDMENT TWO. I CAN ANSWER ANY QUESTIONS ABOUT IT. >>COUN. BORREGO: PARDON, WE'RE GOING TO CALL THIS FLOOR AMENDMENT NUMBER ONE. >> THANKS FOR THE CLARIFICATION. >>COUN. BENTON: I'LL MOVE THAT AMENDMENT, MADAM PRESIDENT. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON. DO I HAVE SECOND? I HAVE A SECOND FROM COUNCILOR DAVIS. ANY QUESTIONS? I DON'T SEE ANY QUESTIONS. WITH THAT, WE'LL MOVE TO THE APPROVAL OF FLOOR AMENDMENT NUMBER ONE AS OUTLINED. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS, WE'LL MOVE TO FLOOR AMENDMENT NUMBER TWO. MR. MOYA WILL PULL THAT UP. COUNCILOR BENTON. >>COUN. BENTON: I DEFER TO HER TO EXPLAIN THE AMENDMENT. >> MADAM PRESIDENT, COUNCILOR BENTON, FLOOR AMENDMENT TWO IS LABELLED FLOOR AMENDMENT ONE IN YOUR iPADS. IT TACKLES THE MOST CONTENT IN THE PLAN. IT'S THE ONE THAT HAD THE MOST DISCUSSION AMONG OPEN SPACE STAFF, COUNCIL STAFF, AND THE PUBLIC OVER THE LAST SEVERAL WEEKS. THIS RELATES TO WHAT YOU HEARD PUBLIC COMMENTERS SPEAKING TO REGARDING AN ASPHALT PAD AND PARKING ON THE SITE. THE PURPOSE OF THIS AMENDMENT IS TO CLARIFY WHERE FUTURE PARKING ON THE SITE SHOULD OCCUR. TO MINIMIZE THE IMPACT ON WILDLIFE. IT'S A NATURE PRESERVE AND WITH THAT INTENTION WE SHOULD BE MINIMIZING THE VEHICLES THAT MOVE INTO AND OFF OF THE SITE. YOU'LL SEE THIS AMENDMENT HAS QUITE A BIT OF CONTENT ADJUSTMENTS. I'M NOT GOING TO GO THROUGH ALL OF IT. I WILL BRING YOUR ATTENTION TO NUMBER FOUR. YOU'LL SEE ON YOUR SCREEN YELLOW TEXT. I'M BRINGING THIS TO YOUR ATTENTION BECAUSE THIS TEXT IS PROPOSES TO BE STRICKEN IN THE AMENDMENT THAT IS DIFFERENT FROM YOUR iPADS. THIS IS A FRIENDLY AMENDMENT TO THE AMENDMENT AS IT WAS SUBMITTED ON FRIDAY. IT STRIKES THE PHRASE UNTIL MOST OF THE ASPHALT PAD IS REMOVED. WE SPOKE ABOUT THIS LANGUAGE, AND REMOVAL OF THE LANGUAGE WILL ENSURE STAFF AND VOLUNTEERS CAN PARK IN A PLACE THEY NEED TO DO THE WORK THEY NEED TO DO MOVING INTO THE FUTURE. WITH THAT, I'LL STAND FOR ANY QUESTIONS. >>COUN. BORREGO: ARE THERE QUESTIONS? COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. SO THE HIGHLIGHTED PART IS NOT GOING TO BE STRICKEN? OR IT IS GOING TO BE STRICKEN WITH THE INTENT WE'RE GOING TO FOLLOW THROUGH ON IT? >> MADAM PRESIDENT, COUNCILOR BASSAN, THANKS FOR ALLOWING ME TO CLARIFY. THAT LANGUAGE WAS INCLUDED IN THE AMENDMENT AS IT WAS SUBMITTED TO THE iPADS. JUST THIS AFTERNOON SHORTLY BEFORE THE MEETING BEGAN WE DISCOVERED THE LANGUAGE DID NEED TO BE STRICKEN. THE PURPOSE OF TRANSPARENCY AND MAKE SURE WHAT YOU ALL ARE VOTING ON VERSUS WHAT YOU THOUGHT YOU WERE VOTING ON, I WANTED TO PAY ATTENTION TO THE EIGHT WORDS BEING STRICKEN. THE INTENTION IS TO STRIKE THEM. >>COUN. BENTON: MADAM PRESIDENT I MOVE THAT AMENDMENT AS AMENDMENT NUMBER TWO. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON. IT LOOKS LIKE YOU HAVE A SECOND FROM COUNCILOR DAVIS. IS THAT A SECOND, COUNCILOR DAVIS? >>COUN. DAVIS: YES. >>COUN. BORREGO: I HAVE A QUESTION ABOUT THIS. WHOEVER WANTS TO ANSWER IT. I KNOW THERE WERE RESIDENTS THAT WERE CONCERNED ABOUT PARKING IN THEIR STREET AND IN FRONT OF THEIR HOMES. DOES THIS AMENDMENT COVER THAT? DOES IT STILL ALLOW THAT PARKING IN FRONT OF THEIR HOMES? >>COUN. BENTON: MADAM PRESIDENT, THIS DOESN'T REALLY ADDRESS PARKING ON PUBLIC STREETS. IT DOES MENTION PUBLIC STREETS AS AN OPTION, DEPENDING ON WHETHER IT'S ALLOWED OR NOT ON THAT PARTICULAR STREET. THE OPTION IS REALLY TO CLARIFY THAT TO THE EXTENT WERE EXERCISED WOULD BE THE INTERIM UNTIL SUCH TIME AS THE TREE FARM TRACT WOULD BE DEVELOPED FOR THE PERMANENT PARKING. A LOT OF THIS DISCUSSION THAT SHE WAS JUST TALKING ABOUT HAS TO DO MORE WITH SPECIAL GROUPS THAT ARE NEEDING TO BE THERE. THEY MIGHT BE VOLUNTEERS, OR THEY MIGHT BE PARTNERS SUCH AS TREE NEW MEXICO WHO HAVE A BIT OF STAKE IN THE SITE. THEY'VE BEEN DOING THEIR WORK OUT OF THE SITE. WE'RE TRYING TO THOROUGH HOW PARKING WOULD OCCUR. AS WITH ANY PUBLIC STREET, IN THE SHORT-TERM PEOPLE MAY OR MAY NOT PARK ON A PUBLIC STREET TO GET TO THIS SITE. THE LONG-TERM VISION IS FOR THE TREE NURSERY TRACT TO BECOME PUBLIC PARKING. THERE WOULD BE LIMITED PARKING WE'RE TALKING ABOUT FOR VOLUNTEERS AND PEOPLE ACTIVELY MANAGING THE NATURE PRESERVE. >>COUN. BORREGO: I GUESS WHAT YOU'RE TELLING ME, COUNCILOR BENTON, IS THAT AT SOME POINT AND TIME THERE'S GOING TO BE ALTERNATIVE PARKING FROM THAT STREET PARKING SO THAT PEOPLE ARE NOT PARKING NECESSARILY ON THE STREET ALL THE TIME. I WAS APPROACHED BY SOME OF THE INDIVIDUALS AND THEY WERE CONCERNED ABOUT A LOT OF PEOPLE COMING AND GOING FROM -- AS ANY OF US WOULD BE, ESPECIALLY WHEN YOU'RE LIVING THERE. I UNDERSTAND THE ALLOWANCE OF PUBLIC PARKING. BY THE SAME TOKEN, IF THAT'S HAPPENING ON A REGULAR BASIS. >>COUN. BENTON: MADAM PRESIDENT, WE DON'T WANT UNDUE IMPACTS FROM ANYONE VISITING THE SITE ON NEIGHBORS. WE DO -- I HAVE MY QUESTIONS EARLIER AT DMD WITH REGARD TO WHAT WE'RE GOING TO DO WITH RESIDENTIAL PARKING PERMIT PROGRAM. WE ACKNOWLEDGE THAT THE RESIDENTS HAVE A VERY PRIMARY NEED AND THEIR NEED IS THEY NEED THE SPACE IN FRONT OF THEIR HOUSE AND IT'S BEING CONSUMED BY SOMEONE ELSE WE NEED TO HAVE THOSE DISCUSSIONS. IN THE SHORT-TERM WE'RE NOT TALKING ABOUT LARGE NUMBERS OF PEOPLE BECAUSE THE SITE, BY DEFINITION, IS NOT OPEN TO THE PUBLIC FOR ANYONE AT ANY TIME. IT'S A NATURE PRESERVE. THERE COULD BE SCHOOL GROUPS THAT WOULD COME OR FOLKS WHO WANT TO PARTICIPATE IN CITIZEN SCIENCE WHERE THEIR -- THEY'RE INTERESTED IN THE REJUVENATION OF THE AREAS. THESE ARE RELATIVELY SMALL GROUPS. WE'RE TRYING TO ADDRESS ALL OF THESE USERS. IN THE LONG-TERM FOR THE GENERAL PUBLIC AND FOR GROUPS TO VISIT, THE TREE NURSERY TRACK IS THE LONG-TERM PLAN. THAT PLAN HAS NOT BEEN DEVELOPED SKWU AND APPROVED YET. THIS BILL DOES ADDRESS THAT ISSUE AS WELL AS THE LONG-TERM PLAN. >>COUN. BORREGO: I VERY MUCH APPRECIATE THAT YOU'VE TAKEN THE TIME TO DEAL WITH THAT ISSUE AND LOOK AT IT AS A LONG-TERM. I RECEIVED SEVERAL PHONE CALLS REGARDING THAT. ANY OTHER QUESTIONS FROM COUNCILORS REGARDING FLOOR AMENDMENT NUMBER TWO? I DON'T SEE ANY OTHER HANDS. WITH THAT, WE'LL GO TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. WE'LL MOVE ON TO WHAT WE LABEL AS FLOOR AMENDMENT NUMBER THREE. >>COUN. BENTON: THANK YOU, I'LL ASK MS. SCHLUTZ. >> THIS PLAN REFERENCES EXHIBIT B. PAGES OF THAT EXHIBIT GOT LEFT OFF THE END OF THE PLAN. ALL THIS DOES IS REINSERT THE PAGES FROM THE EXHIBIT AS THEY ARE REFERENCED THROUGHOUT THE REST OF THE PLAN. THAT -- I GUESS IT'S CALLED A PLAN. IT PUTS THE PAGES IN THE APPENDIX AND IT'S THE RESOLUTION THIS COUNCIL PASSED THAT SENT THIS ON THIS JURNY TO CREATE THE PLAN. IT'S REFERENCE MATERIAL. >>COUN. BENTON: I'LL MOVE THAT AMENDMENT. >>COUN. BORREGO: THANK YOU, COUNCILOR, I'LL SECOND THAT. ANY QUESTIONS? I DON'T SEE ANY QUESTIONS? WE WILL GO TO MS. ORTEGA. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THAT PASSES ON AN 8-0. COUNCILOR BENTON, WE'LL GO BACK TO THE ORIGINAL BILL. >>COUN. BENTON: JUST QUICKLY, THANK YOU MADAM PRESIDENT. I KNOW THE NIGHT IS LATE. I WANTED TO THANK EVERYONE INVOLVED. THE PARKS DEPARTMENT, THE OPEN SPACE DIVISION, THE OPEN SPACE ADVISORY BOARD, THEY'VE BEEN VERY INVOLVED AND WILL REMAIN SO IN THE FUTURE. AND THE TECHNICAL ADVISORY GROUP. THEY WERE A CITIZEN'S GROUP, BUT THEY WERE VERY KNOWLEDGEABLE ABILITY THE AREA AND ALSO OTHER MEMBERS WERE KNOWLEDGEABLE ABOUT THE ISSUES AT-HAND. I WANT TO THANK ALL OF THEM. A LOT OF VOLUNTEER TIME WAS PUT IN. INCLUDING THE COOPERATION OF THE STATE PARKS DEPARTMENT AND THIS WAS ALL ORIGINATED AS A STATE AND LOCAL PROJECT. I APPRECIATE EVERYONE AND FOR HER STICKING WITH ME ON ALL THESE AMENDMENTS AND DIRECTOR SIMON AND THE SUPERINTENDENT FOR DOING THE SAME. I URGE YOUR SUPPORT, COUNCILORS. >>COUN. BORREGO: THANK YOU, COUNCILOR BENTON FOR THE CLOSE. WE'RE MOVING TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT MOTION PASSES AS AMENDED. ON AN 8-0 VOTE. COUNCILOR PEÑA, R-184. >>COUN. PEÑA: THANK YOU, MADAM PRESIDENT. IT WAS APPROVING THE APPLICATION AND PETITION OF THE SUCCESS LAND HOLDINGS DEVELOPMENT FOR THE FORMATION OF THE ASPIRE PUBLIC IMPROVEMENT DISTRICT PURSUANT TO THE PUBLIC IMPROVEMENT DISTRICT ACT. >>COUN. BORREGO: I'LL SECOND THAT COUNCILOR. ANY QUESTIONS, COUNCILORS? >>COUN. PEÑA: MADAM PRESIDENT, I'D LIKE TO MOVE A FLOOR SUBSTITUTE. >>COUN. BORREGO: GO AHEAD, COUNCILOR. >>COUN. PEÑA: I MOVE THE FLOOR SUBSTITUTE TO R-184. >>COUN. BORREGO: THAT WAS IN YOUR iPADS, COUNCILORS. ANY QUESTIONS REGARDING THE FLOOR SUBSTITUTE? COUNCILOR BASSAN. >>COUN. BASSAN: I WILL SECOND THAT, I WOULDN'T A QUICK OVERVIEW OF WHAT EXACTLY IS DIFFERENT BEING THAT I DIDN'T SEE THE RED LINE? IF I CAN HAVE A REFRESHER ON WHAT CHANGED. >>COUN. PEÑA: I WILL HAVE WHO I HAVE HERE TO DISCUSS THIS. >> GOOD EVENING, COUNCILOR PEÑA, MADAM PRESIDENT, COUNCILOR BASSAN, THE ONLY AMENDMENT BETWEEN THE INTRODUCTION AND TONIGHT'S FLOOR SUBSTITUTE IS TO IDENTIFY THE FIVE INDIVIDUALS WHO WILL SERVE ON THE DISTRICT'S BOARD. IT IS A REQUIREMENT THAT THEY BE IDENTIFIED BY NAME IN THE RESOLUTION AND BETWEEN THE INTRODUCTION AND TONIGHT IT WAS DISCUSSIONS WITH THE VARIOUS DEPARTMENTS THAT HAD AN INTEREST IN THIS AND DMD AND PLANNING AND TREASURY TO SEE WHO HAD THE TIME AND INTEREST TO SERVE ON THE BOARD. WE IDENTIFIED THE FIVE. THAT IS THE ONLY CHANGE. >>COUN. BORREGO: THANK YOU. ANY QUESTIONS? COUNCILOR DAVIS. >>COUN. DAVIS: AT THIS POINT, IT BEGS QUESTION WHO ARE THE FIVE PEOPLE? >> YES. COUNCILOR DAVIS, MADAM PRESIDENT, THEY ARE JULIA CULLTON, AND CHRISTINE BURNER FROM FINANCE ADMINISTRATION, JAMES ARANDA, FROM PLANNING. AND TWO MEMBERS FROM APPLICANT. GARRET PRICE AND SCOTT STAFF. THEY SERVE FOUR AND SIX-YEAR TERMS AND THE BOARD SUP FOR AN ELECTION. >>COUN. DAVIS: THANK YOU. >>COUN. BORREGO: THANK YOU. ANY QUESTIONS? IF NOT, WE'LL MOVE TO THE FLOOR SUBSTITUTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. COUNCILOR PEÑA. >>COUN. PEÑA: MADAM PRESIDENT, I ALSO WOULD MOVE THAT THE RULES BE SUSPENDED FOR ALLOWING THE FLOOR SUBSTITUTE TO BE ADOPTED THE SAME EVENING IT'S SUBSTITUTED. >> IF I MAY, I BELIEVE IT'S BEEN DEEMED BY COUNCIL THAT MOTION IS UNNECESSARY GIVEN THAT IT BE VIEWED AS A FINANCING INSTRUMENT. >>COUN. PEÑA: I'LL WITHDRAWAL MY MOTION. >>COUN. BORREGO: COUNCILOR PEÑA, WOULD YOU LIKE TO GO BACK TO THE ORIGINAL BILL AS SUBSTITUTED? >>COUN. PEÑA: I URGE YOUR SUPPORT FOR R-184 AS SUBSTITUTED. >>COUN. BORREGO: THANK YOU, COUNCILOR. I'LL SECOND THAT MOTION. ARE THERE ANY COMMENTS OR QUESTIONS? I DO NOT SEE ANY. WE'LL CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT BRINGS US TO ITEM -- I'M GOING TO MOVE TO ITEM L -- ITEM K. BECAUSE I KNOW THAT PEOPLE ARE WAITING ON THIS ONE. AND THE NEXT TWO ITEMS ARE SORT OF COMPANION BILLS. WE'LL ACT ON THOSE TOGETHER. COUNCILORS, WE'RE GOING TO ITEM K, WHICH IS COUNCILOR PEÑA, COUNCILOR SENA, COUNCILOR BASSAN, COUNCILOR BENTON. O-69. ENACTING THE AUTOMATED SPEED ENFORCEMENT ORDINANCE. WHO WOULD LIKE TO PRESENT THIS? >>COUN. PEÑA: I CAN START. >>COUN. BORREGO: COUNCILOR PEÑA AND WE'LL GO TO COUNCILOR BENTON. >>COUN. PEÑA: THANK YOU, MADAM PRESIDENT. IT'S INACING THE ALBUQUERQUE AUTOMATED SHES ENFORCE THE SPEED LIMIT THROUGH CAMERAS. I WOULD MOVE A DUE PASS. >>COUN. BORREGO: THANK YOU, COUNCILOR. COUNCILOR BASSAN, I GUESS THAT'S A SECOND? AND WE WILL GO TO COUNCILOR BENTON. I THINK HE HAS SOME COMMENTS. >>COUN. BENTON: I JUST WANTED TO SECOND IT. >>COUN. BORREGO: I'M SORRY, COUNCILOR BENTON. I THOUGHT YOU WERE WAITING TO COMMENT. >>COUN. PEÑA: MADAM PRESIDENT, IF I JUST TALK ABOUT THE BILL. I JUST WANT TO THANK -- THIS HAS BEEN A LONG HAUL. THIS IS SOMETHING THAT'S A PRIORITY FOR THE ENTIRE COUNCIL. THE SMALL WORKING GROUP ON THIS THAT WORKED WITH THE ADMINISTRATION. I JUST WANT TO SAY IT'S BEEN LONG PROCESS BUT WE DID IT IN A QUICK AND EFFICIENT MANNER. WE HAD PUBLIC INPUT AND A LOT OF ZOOM MEETINGS AND COMMUNITY MEETINGS AND DISCUSSION AMONG OURSELVES AND DISCUSSION WITH DIFFERENT DEPARTMENTS WITH THE CITY AND ADMINISTRATION. AND REALLY WORKING HARD TO COME UP WITH SOLUTIONS THAT WERE AFFECTING ALL OF OUR DISTRICTS. I KNOW IT'S NOT THE BE-ALL OR DO-ALL, BUT THIS LONG WITH SHE HAS A NAME AND SMALL WORKING GROUPS HAS BEEN IMPORTANT TO MOVE THIS FORWARD. I JUST WANT TO SAY THAT. I REALLY LOVE TO ASK EACH OF THE CO-SPONSORS TO SAY A FEW WORDS. >>COUN. BORREGO: COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. THANK YOU, COUNCILOR PEÑA AND COUNCILOR BENTON AND COUNCILOR SENA. I REALLY FEEL LIKE IT'S A LOT OF EVERYBODY. I THINK IT'S BEEN REALLY AWESOME THAT THE ADMINISTRATION HAS BEEN INVOLVED IN THIS. WE'VE HAD A CONTENTIOUS NIGHT OVERALL WITH SOME STUFF. THERE'S TIMES WHERE WE CAN COME TOGETHER. THIS IS ONE OF THEM. I THINK IT'S REALLY AWESOME. EVEN THOUGH IT'S NOT THE SOLUTION TO SPEEDING IN ABALBUQUERQUE I'M EXCITED THAT IT'S ONE STEP IN A DIRECTION TO TRY SOMETHING NEW TO TRY TO IMPLEMENT SOMETHING TO CURVE THE EXCESSIVE SPEEDING PROBLEMS. I LOOK FORWARD TO DOING THIS AND I'M PROUD WE DID THE COMMUNITY OUTREACH. I'M PROUD WE HAD COLLECTIVE BUY IN FROM ANY DIFFERENT PARTS OF THE CITY. HERE'S HOPING THAT IT'S MORE SUCCESSFUL THAN OTHER THINGS IN THE PAST AND WE CAN SEE SOME MINIMIZING IN SPEEDING THROUGHOUT THE CITY. >>COUN. BORREGO: THANK YOU, COUNCILOR BASSAN. COUNCILOR BENTON. >>COUN. BENTON: I WANT TO ALSO THANK MY CO-SPONSORS. WE'RE FROM ALL ACROSS THE BOARD AND ALL ACROSS THE CITY AND WE AGREE THAT THIS IS A REAL PUBLIC SAFETY ISSUE. IT'S ALSO A QUALITY OF LIFE ISSUE, WHAT KIND OF PLACE DO WE WANT TO BE? DO WE WANT TO ALLOW RAMPANT VIOLATION? I THINK THIS COUNCIL, EVERY SINGLE ONE OF US, SUPPORTS THE POLICE AND HAS SUPPORTED THE POLICE. WE'VE SUPPORTED PAYING THEM COMPETITIVELY AND SO FORTH. WE RECOGNIZE THE CHALLENGES AND SUPPORT THEM IN MEETING THOSE CHALLENGES WHETHER IT BE DOJ OR STREET GANGS. WHICH IS ACROSS THE BOARD, IT'S A TOUGH JOB FOR THEM. WE SUPPORT THEM AS WELL. THAT'S PART OF THE REASON I THINK AUTOMATED ENFORCEMENT GIVES THEM A CATCH OF THE BREATH AND WE CAN REBUILD OUR TRAFFIC UNIT AND REBUILD AN INTENTION TO STOP IT WHEN YOU SEE IT. AND FOR GENERAL PUBLIC, REPORT IT WHEN YOU SEE IT. EVEN THOUGH IT MAY NOT RESULT IN ENFORCEMENT, LET APD KNOW. THANKS TO EVERYONE INVOLVED AND I APPRECIATE THE ADMINISTRATION THAT SUPPORTS US MOVING FORWARD WITH THIS. AND COUNCILOR PEÑA, SPECIFICALLY, WHO CONVENED THIS EARLY ON, I WANT TO GIVE HER A SHOUT OUT TOO. >>COUN. PEÑA: THANK YOU. >>COUN. BORREGO: COUNCILOR SENA AND COUNCILOR DAVIS. >>COUN. SENA: THANK YOU, MADAM PRESIDENT, AND THANK YOU TO MY COLLEAGUES AND CO-SPONSORS. I KNOW THAT WE ALL GOT TOGETHER TO ADDRESS SPEEDING AND EXHAUSTS. I KNOW THAT WAS ALSO BROUGHTING UP DURING THE COMMUNITY SESSIONS. AND TRYING TO FREE UP OFFICERS. THIS WHOLE DISCUSSION OF DOMOSTIC VIOLENC -- WHILE ALSO THINKING ABOUT THE TRAFFIC DIVISION IS INVESTIGATING CRASHES. THEY ARE WITHHELD ON CALL FOR LONG PERIODS OF TIME. BY DOING THIS IT'S FREEING UP OFFICERS. I KNOW WE TALKED A LOT TODAY ABOUT ISSUES OF TIME OR SECURITY. I THINK FOR US WE'RE JUST TRYING TO THINK OUTSIDE OF THE BOX STATED BY COUNCILOR BASSAN. THIS IS A SOLUTION TOWARD IT. I KNOW WE'VE ALL THOUGHT OF OTHER MITIGATIONS AND WAYS SUCH AS TRAFFIC ENGINEERING. AND THINKING OF BETTER WAYS TO DO THIS WHILE ALSO PUTTING IN THE SYSTEM THAT ALLOWS FOR NON-BIASSED WAY OF SPEED ENFORCEMENT. REALLY UTILIZING DATA AND TECHNOLOGY AND WE ALSO LEARNED A LOT FROM OUR NEIGHBORS FROM RIO RANCHO AND SANTA FE AND OTHER AREAS OF THE STATE AND NATION OF HOW THEY HAVE DONE IT AND DONE IT SUCCESSFULLY WHILE ALSO THINKING OF THE COMMUNITIES. I KNOW THE BIGGEST DISCUSSION WAS WHAT CAN WE DO FOR COMMUNITIES THAT CAN'T -- I KNOW WE HAVE HAD A LOT OF CONVERSATION. I KNOW WE HAVE AMENDMENTS TO ADDRESS THESE CONCERNS TOO. I JUST WANT TO GET THAT COMMUNITY THAT REACHED OUT. WE HEARD FROM THE SPECTRUM. WE'RE CAPPED AT A $100 FINE. WE'RE LOOKING FOR OTHER WAYS SUCH AS COMMUNITY SERVICE AND PUBLIC HEARING OFFICERS THAT PROCESS WILL GIVE DUE PROCESS TO OUR CONSTITUENTS THAT WANT TO MAKE APPEALS. OVERALL, I'M GRATEFUL FOR THE COMMUNITY THAT REACHED OUT. IF WE DIDN'T HIT QUORUM ISSUES OTHERS WOULD LIKE TO DO THIS TOO. IT'S REALLY ALL OF US COMING TOGETHER THINK OF WAYS AND SOMETHING WE CAN AGREE ON AND REALLY MAKING AN ALL-AROUND APPROACH ON AN ISSUE WE ALL FACE. I KNOW THAT WE'LL BE GETTING TO IT. THANK YOU. >>COUN. BORREGO: THANK YOU, COUNCILOR SENA. COUNCILOR DAVIS. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. I'LL MAKE THIS BRIEF. I DIDN'T LIKE THIS IN THE FIRST PLACE. I FELT VOTERS VOTED TO BAN THE CRUSE OF RED LIGHT CAMERAS BEFORE AND I THINK THIS IS IN THE SIMILAR VAIN. I UNDERSTAND THE FRUSTRATION WITH POLICING AND SPEEDING. AND APPRECIATE THAT APD AND ADMINISTRATION AFTER PUSHING AND PRODDING HAS FOUND WAYS TO ADDRESS SOME OF THE CONCERNS. I DO NOT BELIEVE THAT -- I BELIEVE WE HAVE A SPEEDING PROBLEM. WE NEED A POLICE OFFICER INVOLVED IN THAT PROCESS IN ORDER TO INTERVENE. THE WHOLE POINT IS TO CHANGE SOMEONE'S BEHAVIOR. GETTING A NOTICE IN THE MAIL AND PAYING A CHECK DOESN'T DO ANYTHING FOR THAT. IT JUST MAKES YOU MAD. IT DOESN'T CHANGE WHERE YOU ARE DRIVING OR STOP YOU FROM DRIVING 80 MILES AN HOUR IN THE NEXT BLOCK. YES, I KNOW WE NEED MORE COPS AND WE NEED AN ANSWER AND I DON'T THINK THIS IS IT. I'M CONCERNED, AND THIS GETS TO MY POINT, WHICH I PROMISE I HAVE AND WE HAVE AN AMENDMENT, I DO NOT LIKE THE IDEA OF FINING PEOPLE WE'RE TRYING TO GET AWAY FROM POLICING FOR PROFIT SAYING THAT IF SOMEONE DOESN'T PAY OUR CIVIL FINE THEN WE'RE GOING TO SEND THEM TO COLLECTIONS WHICH IS CAUSING ALL KINDS OF ISSUES FOR PEOPLE WHEN THEY HAVE ISSUES FOR HOUSING AND JOBS AND EVERYTHING ELSE. I THINK THERE'S A BETTER WAY. I WOULD LIKE TO ASK THE ADMINISTRATION OR WHOEVER HAS DATA ON THIS AND TELL US, ON THE HUNDRED DOLLAR FINE HOW MUCH GOES TO A PRIVATE CONTRACTOR? >> COUNCILOR BORREGO, COUNCILOR DAVIS, THERE IS WRITTEN INTO A STATUTE OF HOW THE MONEY LRB WILL BE DISTRIBUTED. 50% GOES TO THE STATE, AND THE AMOUNT THAT GOES TO THE VENDOR IS DEPENDENT ON THE RFP PROCESS. >>COUN. DAVIS: THANK YOU, MA'AM, I APPRECIATE THAT. UP TO 50% OF THE FINE COULD GO TO A PRIVATE VENDOR, IS THAT CORRECT? >> COUNCILOR BORREGO, COUNCILOR DAVIS NO. 50% GOES TO THE STATE BECAUSE OF THE WAY THE STATUTE IS WRITTEN AND HOW THE PROGRAMS ARE UN. THE AMOUNT THAT GOES TO THE THIRD PARTY VENDOR DEPENDS ON THE AMOUNT OF THE RFP. >>COUN. DAVIS: I APOLOGIZE, I WANT TO CALL YOU BY NAME BUT I CAN'T SEE YOU. WHAT IS THE RFP PROPOSING TO PUT IN THE RFD? WE WOULDN'T THROUGH A WHOLE PROCESS THAT WE DIDN'T GO THROUGH A PLAN BECAUSE WE DIDN'T KNOW WHICH BILL AND NUMBERS. WHAT IS THE PERCENTAGE THAT WILL GO TO THE PRIVATE CRACKER. >>COUN. BORREGO: WOULD YOU IDENTIFY YOURSELF PLEASE? >> COUNCILOR BORREGO, COUNCILOR DAVIS, I'M ONE OF THE MANAGING CITY ATTORNEYS OF POLICY. >>COUN. DAVIS: WELCOME, AND THANK YOU. I CAN'T SEE YOU ON MY LITTLE SCREEN. >> MADAM PRESIDENT, RIGHT NOW WE WANT BE SURE THE BILL IS PASSED, ONCE WE SEE THE BILL IS PASSED WE'LL DO RESEARCH. AFTER THE COUNCIL PASSES WE'LL LOOK AT THE RFP. BOTH OF THOSE WILL BE DOING RESEARCH. WE'LL MAKE SURE THE LEGISLATION PASSES. >>COUN. DAVIS: MADAM PRESIDENT, THANK YOU, I JUST HEARD A CONCERN FROM MAJORITY OF THIS COUNCIL THAT WE DINT HAVE OUR NUMBERS TOGETHER AND A PLAN ON THE LAST PIECE OF LEGISLATION. I'M HEARING THEY WANT US TO PASS THE LEGISLATION AND TRUST THE ADMINISTRATION TO SEE HOW MUCH GOES TO PRIVATE PEOPLE FOR POLICING AND HOW MUCH PRIVATE GOES TO A PRIVATE COMPANY. I WONDER IF YOU CAN TELL US WHAT THE RESEARCH HAS TOLD US WHAT OTHER CITIES ARE DOING? I KNOW RESEARCH IS PUBLIC, BUT WHAT COULD YOU TELL US? >> MADAM PRESIDENT, COUNCILOR DAVIS, WE'RE LOOKING AT THAT RIGHT NOW. >>COUN. DAVIS: I CAN TAKE A SIDEBAR IF WE CAN MOVE THIS LONG. >>COUN. BORREGO: COUNCILOR DAVIS, WE'LL COME BACK TO YOU. >>COUN. DAVIS: MADAM PRESIDENT, I HAVE THE FLOOR AND I WAS OFFERING AN AMENDMENT. >>COUN. BORREGO: I'M SORRY, COUNCILOR. I THOUGHT YOU WERE SAYING YOU WOULD WAIT UNTIL YOU GOT THAT INFORMATION. >>COUN. DAVIS: I HAVE A LONG LIST OF QUESTIONS FOR THIS ONE. I HAVE A LOT. I'LL OFFER MY AMENDMENT FIRST. I ASK MR. MOYA TO SHARE THAT SO WE CAN SEE THAT. MADAM PRESIDENT, THIS WOULD ADDRESS THE QUESTION THAT COUNCILOR SENA BROUGHT UP EARLIER. IT'S ONE THAT I THINK IS IMPORTANT. I THINK WE HAVE SEEN BERNALILLO COUNTY GETTING IS AWAY FROM AND THE CITY IS GETTING AWAY FROM POLICING FOR PROFIT AND USING FINES BECAUSE THEY AFFECT THE PEOPLE WHO ARE LEAST ABILITY TO PAY. THIS AMENDMENT WHICH I INTRODUCE FLOOR AMENDMENT NUMBER ONE ALLOWS THE OPTION OF COMPLETING FOUR HOURS OF COMMUNITY SERVICE IN LIEU OF ANY PERSON OBLIGATED TO PAY SUCH. >>COUN. BORREGO: COUNCILOR DAVIS, WE HAVE SEVERAL SECONDS. COUNCILOR JONES, YOU ALREADY HAD YOUR HAND UP. COUNCILOR PEÑA, SNAT -- IS THAT A SECOND? >>COUN. PEÑA: I HAVE THE SAME AMENDMENT. I WAS GOING TO ASK IF IT'S THE SAME AMENDMENT, CORRECT? JUST WITH WORDED DIFFERENTLY. >> MADAM PRESIDENT, COUNCILOR PEÑA, WE'VE ANALYZED YOURS AND COUNCILOR DAVIS'S AMENDMENT AND THEY SEEM TO WORK TOGETHER. THERE'S THE REFERENCE TO THE FINE IN SUBSECTION G1 IN COUNCILOR DAVIS'S, AND THE CONTEXT IT CAN BE PAID FOR IN THE FORM OF SERVICE. AND YOUR AMENDMENT, IF YOU CHOOSE TO MOVE IT WOULD OPT FOR THE PARAMETERS OF HOW THAT SERVICE WORKS. >>COUN. PEÑA: OKAY. COULD WE COMBINE IT INTO ONE AMENDMENT AND MAKE IT -- IS IT EASIER? >> MADAM PRESIDENT, THEY'RE WRITTEN AS TWO SEPARATE AMENDMENTS AND COUNCILOR DAVIS MOVED HIS IT'S EASIER TO TREAT THEM AS TWO AMENDMENTS. >>COUN. PEÑA: THANK YOU. >>COUN. BORREGO: THANK YOU, FOR YOUR QUESTION, COUNCILOR PEÑA. I SEE A SECOND FROM COUNCILOR BENTON. IS THAT A SECOND, COUNCILOR BENTON? >>COUN. BENTON: IT IS NOT. IT WAS OFFERING A FRIENDLY AMENDMENT. THERE WOULD BE FIVE HOURS OF COMMUNITY SERVICE. WHATEVER YOU'RE DOING WE'RE SAYING THE RETAIL VALUE OF THE FINE IS 100 BUCKS, WE'RE SAYING FOUR HOURS OF COMMUNITY SERVICE. I CONSIDER SOMETHING LIKE FIVE AS A MORE APPROPRIATE PENALTY IN THE GENERAL POPULATION. >>COUN. DAVIS: IF I CAN EXPLAIN WHERE I'M COMING FROM AND IT AVOIDS THE MOMENT OR WE CAN TAKE IT BACK. I CONSIDERED ONE THAT WAS SIX, COUNCILOR BENTON. WE DID A LITTLE RESEARCH IN THE METRO COURT AND CHECKED WITH THE DA'S OFFICE FOR A MISDEMEANOR AND WE FOUND THE COMMUNITY ORGANIZATIONS THAT ARE CERTIFIED FOR TAKING ON COMMUNITY SERVICE, IF THE ADMINISTRATION CHOOSES TO USE THOSE, HAVE FOUR HOUR BLOCKS OF TIME YOU CAN SIGN UP FOR. WE FIGURED IT WAS BETTER TO SHIFT THEM INTO EXISTING PROGRAMS THAN TO CREATE A WHOLE COMMUNITY SERVICE PROGRAM JUST FOR THIS PROGRAM. I WAS 100% WITH YOU. I GOT TALKED OUT OF IT BECAUSE IT WAS EASIER TO ADMINISTER IF THE ADMINISTRATION CHOOSES TO PARTNER WITH THE CRIMINAL JUSTICE PARTNER. >>COUN. BENTON: I APPRECIATE THAT RESPONSE. THANK YOU, COUNCILOR DAVIS. >>COUN. BORREGO: I'M GOING TO SECOND YOUR MOTION. COUNCILOR JONES HAS BEEN WAITING TO SPEAK. COUNCILOR JONES. >>COUN. JONES: THANK YOU, MADAM PRESIDENT. I JUST WANTED REMIND YOU ALL, WE HAVE A KAEM -- CAMERA POLICY IN PLACE SEVERAL YEARS AGO. IT KIND OF WORKED. IT WORKED FOR THE PEOPLE THAT WANTED IT TO WORK. I GOT A TICKET FOR SPEEDING AND I PAID MY FINE AND I DIDN'T SPEED AGAIN. BUT WE ALSO FIND IT DOESN'T WORK IN THAT THE PEOPLE WHO ARE NOT GOING TO PAY A FINE ARE NOT GOING TO STOP SPEEDING, THEY'RE NOT GOING TO GO TO JAIL. WE'RE NOT ABLE TO CHASE THEM DOWN AND MAKE THEM DO PUBLIC SERVICE. I'M FOR IT, I WANT TO KNOW HOW ARE WE GOING TO ACTUALLY IMPLEMENT THIS? WE HAVE PICTURES OF PEOPLE RUNNING RED LIGHTS. WHAT GOOD DOES THE PICTURES DO IF THERE'S NO MEANS TO ENFORCE THE PENALTY. SORRY, I'M GOING TO PREACH ABOUT THIS. THAT'S OUR MAJOR PROBLEM. WE HAVE NO ENFORCEMENT OF ANY LAWS. WE HAVE NO ENFORCEMENT OF SPEEDING, NO ENFORCEMENT OF DRUG ABUSE. WHAT ARE WE GOING TO DO WITH THIS? WE'RE GOING TO DO SOMETHING THAT SOUNDS GOOD. BUT LET'S STEP BACK AND SAY, WILL IT REALLY WORK? THE ANSWER IS NO. IT WILL ONLY WORK FOR THE PEOPLE THAT OBEY THE LAW AND MADE A MISTAKE. THEY WILL PAY. COUNCILORS, THANK YOU FOR BRINGING IT FORWARD. DON'T EXPECT IT TO WORK. >>COUN. BORREGO: COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. TOTALLY, WELL-SAID, COUNCILOR JONES. I ALSO -- I'M A CO-SPONSOR OF THIS. IT'S A DETERRENT. SOMETHING IN ALBUQUERQUE. WE HAVE TO DO SOMETHING. IT MIGHT NOT WORK. IT PROBABLY WON'T WORK FOR MOST PEOPLE. BUT SOMETHING, AND FROM EVERYTHING THAT'S I WAS TOLD ABOUT AND WITH THE RESEARCH WE'RE GOING TO BE MAKING A PROFIT. WE'RE HOPING THAT WHAT'S LEFT OVER AFTER THE FEES THAT ARE COLLECTED ARE COLLECTED AND DISBURSED WE MIGHT BE ABLE TO COVER THE COST OF THIS PROGRAM. THIS IS SOMETHING WE ALSO NEED TO TRY TO SEE IF IT WILL HELP DETER SOME PEOPLE. I WANT TO ALSO ACKNOWLEDGE COUNCILOR DAVIS, YOU'RE RIGHT. THIS IS SOMETHING THAT WE APPROVE NOW AND FIGURE OUT THE REST OF THE DETAILS LATER. IT'S VERY UNCOMFORTABLE, AT THE SAME TIME IT'S SOMETHING THAT WAS EXPLAINED TO ME TOO, IT COSTS MONEY FOR THE RFP. HOWEVER, I THINK I'M OPEN TO OTHER SOLUTIONS. CONSTITUENTS, CITY OF ALBUQUERQUE, COUNCILORS, IF YOU HAVE A SILVER BULLET TO REDUCE SPEEDING ASIDE FROM MORE POLICE OFFICERS, THERE'S AN EMPLOYEE SHORTAGE. WE HAVE TO FIGURE OUT SOMETHING. THIS TO ME IS THE NEXT BEST STEP. I THINK IT'S CLOSE TO AT LEAST ANOTHER OPTION THAT HOPEFULLY WILL MAKE EVEN A TINY DIFFERENCE. >>COUN. JONES: IF I MAY, MADAM PRESIDENT. >>COUN. BORREGO: COUNCILOR JONES. >>COUN. JONES: THANK YOU, AND THANK YOU COUNCILOR BASSAN FOR YOUR PATIENCE WITH THIS. ARE WE NOT GOING TO HAVE TO HIRE POLICE OFFICERS TO TRACK DOWN THE TICKETS THAT ARE GIVEN TO THE SPEEDERS? HOW ARE WE GOING TO COLLECT IT IF WE DON'T SEND POLICE OFFICERS TO ARREST THEM OR WHATEVER IT IS WE'RE GOING TO DO TO COLLECT IT? COLORADOS I LOVE THE IDEA, IT SHOULD WORK. THAT'S NOT WHERE WE'RE AT IN THE CITY TODAY. THOSE OF US THAT HAVE SECOND THOUGHTS WILL PAY FINES. >>COUN. BORREGO: WE HAVE THREE COUNCILORS WAITING TO SPEAK. COUNCILOR PEÑA, COUNCILOR SENA, AND THE MAYOR'S CONFERENCE ROOM. >>COUN. BASSAN: MADAM PRESIDENT, COUNCILOR JONES ASKED ME A QUESTION. >>COUN. BORREGO: I DIDN'T KNOW THAT WAS IN FORM OF A QUESTION. I THOUGHT IT WAS A COMMENT. >>COUN. BASSAN: I TOOK IT AS A QUESTION OF WHAT ARE WE GOING TO DO AND ARE WE GOING TO HIRE OFFICERS TO ARREST PEOPLE THAT HAVE BEEN CAUGHT SPEEDING. THIS IS FOR CIVIL FINES. TO COUNCILOR JONES'S POINT IT COULD BE CASE AND POINT ALSO, BUT THERE WON'T BE ANY NEED TO ARREST PEOPLE. BECAUSE THERE'S NO CRIMINAL PENALTY FOR THIS, NO ONE WILL GET ARRESTED. THINGS COULD GO TO COLLECTIONS, IF THEY DO NOT PAY. IF WE PASS THE AMENDMENT FOR COMMUNITY SERVICE, I WAS TOLD IF WE DO AN AMENDMENT AND THEY HAVE A CHOICE OF 100 FINE OR THE COMMUNITY SERVICE, IF THEY CHOOSE COMMUNITY SERVICE AND DON'T DO IT THEY DO THE $100 FINE. COLLECTIONS IS RESPONSIBLE, I REALIZE IT COULD BE REALLY BENEFICIAL, IT COULD BE WISHFUL THINKING, BUT IT'S SOMETHING. THERE'S NO CRIMINAL PENALTY, NO OFFICERS TO HUNT THEM DOWN ARREST THEM. THANK YOU. >>COUN. BORREGO: COUNCILOR PEÑA, COUNCILOR SENA, MAYOR'S CONFERENCE ROOM. COUNCILOR PEÑA. >>COUN. PEÑA: I THINK COUNCILOR SENA WAS BEFORE ME. I'LL DEFER TO HER AND I'LL SPEAK AFTER. >>COUN. BORREGO: COUNCILOR SENA. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I DO WANT TO BE SURE THAT WE'RE NOT TRACKING RED LIGHT RUNNERS. THIS IS FOR SPEEDING. IT WAS BROUGHT UP THAT IT'S SIMILAR AND IT'S DIFFERENT. WE'RE TACKING SPEED. I THINK OVERALL AS WE'RE DISCUSSING OUR OFFICERS, OF COURSE THERE'S NO DOUBT WE NEED MORE OFFICERS ON THE STREETS. AT THE SAME TIME, WE ALSO HAVE THE OFFICERS IN OUR TRAFFIC DIVISION THAT ARE STILL ENFORCING THE LAW WHEN IT COMES TO SPEEDING. THEY WILL BE TRACKING THOSE PEOPLE. THEY WILL DO PLANS FOR RACING AND IT FREES THEM TO DO THE PLANS FOR SPEEDING. WE CAN DO BOTH AT THE SAME TIME. WE CAN DO THE CIVIL ENFORCEMENT TO PREVENT PEOPLE FROM EXCESSIVE SPEEDS OVER 10 MILES. IF YOU DRIVE THROUGHOUT RIO RANCHO, YOU'LL SEE THE DRIVERS ADHERING TO THE SPEED VANS. I PASS ONE EVERY TIME I GO TO MY MOTHER-IN-LAW'S HOUSE. THIS IS A TOOLBOX. WE'RE THINKING OF OTHER WAYS TO ADDRESS THIS. THIS IS ONE OPTION. I THINK OVERALL THERE WAS ANOTHER COMMENT TOO, THESE ARE FOR PROFIT. I WANT TO ENSURE THAT I KNOW COUNCILOR BASSAN ALLUDED TO THI -- THIS IS GOING FOR THE FUNDING OF THIS PROGRAM AND THE PROCESS OF WHICH PEOPLE CAN GO TO PUBLIC HEARING OFFICER. THEY CAN CONTEND THEIR CIVIL CITATION AND ALSO HAVE THAT PROCESS PLAY OUT. I THINK IT'S IMPORTANT JUST TO NOTE THAT. I KNOW I'M SURE WE'LL GET CLARIFICATION FROM THE MAYOR'S CONFERENCE ROOM. WE HAVE TO DO BOTH. WE CAN DO BOTH. OUR OFFICERS ARE ALSO PRUTROLLING OUR STREETS. I KNOW I BRING THIS UP OFTEN, WE KNOW THEY'RE ENFORCING SPEED CITATIONS. SOMEONE NEAR AND DEAR TO US HAD A CITATION FOR SPEEDING. THEY'RE BEING ISSUED FOR SPEEDING. I'M SURE THE MAYOR'S CONFERENCE ROOM CAN CLARIFY. >>COUN. BORREGO: I'M GOING TO GO BACK TO COUNCILOR PEÑA AND I'M GOING TO THE MAYOR'S CONFERENCE ROOM AND I'M GOING TO CALL FOR THE QUESTION ON THIS VOTE. >>COUN. PEÑA: THANK YOU, MADAM PRESIDENT. I HAVE A COUPLE OF OTHER AMENDMENTS TOO THAT FOR WHATEVER REASON I DIDN'T DRAFT. I KNOW WE HAVE SOME OTHER DISCUSSION TO HAVE. I KNOW WE'RE CLOSING WHEN WE'RE STILL IN THE MIDDLE OF AMENDMENTS. I DID WANT TO RESPOND TO -- THE WHOLE PURPOSE IS THE CONSTITUENTS AND PEOPLE THROUGHOUT THE CITY OF ALBUQUERQUE ARE ASKING US TO DO SOMETHING. WE'RE TRYING TO DO SOMETHING. DOING NOTHING IS NOT THE SOLUTION TO ADDRESSING THIS ISSUE. THE SOMETHING IS PART OF MY WHOLE ARGUMENT EARLY ON WAS ABOUT NOT CRIMINALIZING OUR YOUTH IN PARTICULAR. AND THAT IS WHY WE'RE DOING THIS CIVIL PENALTIES. WE DO NOT WANT TO CRIMINALIZE OUR YOUTH. WE DON'T WANT TO HUNT THEM DOWN AND GIVE THEM TICKETS AND SEND THEM TO JAIL. WE DON'T WANT TO DO THAT. IT'S A DETERRENT. WE LEAD THE NATION IN FATALITIES. WE HAVE THESE CALLS ON SPEEDING AND THE LIVES THAT HAVE BEEN LOST. WE'RE TALKING ABOUT SOME OF THE LIVES LOST TO THIS ACTIVITY. WE HAVE 50-SOMETHING LIVES LOST AS A RESULT OF SPEEDING. IF THIS IS SOMETHING THAT'S GOING TO MAKE A SMALL DENT, JUST LIKE THE SPEDDING HAS A NAME CAMPAIGN WHERE IT'S SO NICE SEE THEM ALL OVER THE CITY OF ALBUQUERQUE. I DRIVE AROUND AND SEE THEM IN NEIGHBORHOODS. PEOPLE REALLY CARE ABOUT THIS ISSUE AND ARE TRYING TO DO WHAT THEY CAN DO. I THINK BY US TRYING TO DO WHAT WE CAN DO IS IMPLEMENT THIS, DO NOT CRIMINALIZE PEOPLE, BUT IT AS A CIVIL PENALTY AND ACTUALLY ONE OF THE AMENDMENTS THAT I WANTED TO PUT TOGETHER THAT I DIDN'T PUT TOGETHER WAS ABOUT THE EXCESSIVE SPEED. WE DON'T WANT GIVE TICKETS, LIKE IN RIO RANCHO IF YOU'RE A FEW MILES OVER THE SPEED LIMIT YOU GET A TICKET. ONE OF THE THINGS WE HEARD LOUD AND CLEAR IS WE SHOULD HAVE THE CERTAIN THRESHOLD AND THAT WAS THE TEN MILES OVER THE SPEED LIMIT. I WANT TO PUT THAT IN THERE SO WE DON'T JUST GIVE RANDOM TICKETS AND WE'RE NOT JUST GETTING MONEY IN THE OFFERS OF THE CITY OF ALBUQUERQUE. THIS IS A DETERRENT FOR PEOPLE SPEEDING EXCESSIVELY. IT'S MY UNDERSTANDING AND I DON'T KNOW IF WE HAVE ANYONE FROM APD, BUT SOMEBODY, ONE OF THE COMMANDERS TALKED ABOUT THIS IS ALSO A TOOL FOR DATA COLLECTION. THERE'S SO MUCH TECHNOLOGY AS A RESULT OF THIS SPEEDING CAMERA WE COULD ACTUALLY COLLECT DATA AND GET HABITTUAL SPEEDERS AND SEE IF WE CAN ADDRESS THAT ISSUE. I'LL DEFER TO THE MAYOR'S CONFERENCE ROOM. >>COUN. BORREGO: THANK YOU, COUNCILOR PEÑA. MAYOR'S CONFERENCE ROOM. >> WE HAVE THE COMMANDER. >> THANK YOU, MADAM PRESIDENT. MEMBERS OF THE COUNCIL. JUST TO CLARIFY SOME OF THE QUESTIONS THAT WERE BROUGHT UP WITH TRAFFIC ENFORCEMENT. FIRST, I'D LIKE TO START SAYING THE THIS IS TRAFFIC DIVISION. THIS DOESN'T INCLUDE ALL OF THE THE APD OFFICERS. THE APD TRAFFIC DIVISION HAS ISSUED 466 TRAFFIC CITATIONS. 300 WERE SPIEDING CITATIONS. OVER 400 TOTAL, BUT 300 WERE SPEEDING. YES, THE TRAFFIC DIVISION IS OUT DOING TRAFFIC ENFORCEMENT. ESPECIALLY WHEN IT COMES TO SPEEDING AND THE EXHAUST SITES. WE'RE HITTING THOSE A LOT TOO. AS FAR AS THE DATA COLLECTION, THAT'S CORRECT. ONE THING THIS CAN BE USED FOR IS THE DATA COLLECTION CAN BE REVIEWED. THE WAY THE PROJECT IS SUPPOSED TO WORK IS ONCE THE SPEEDING CITATION COMES IN FROM THE MACHINE, IT'S GOING TO BE REVIEWED BY AN OFFICER. A SWORN OFFICER IS GOING TO REVIEW EVERY CITATION THAT COMES THROUGH BECAUSE THEY HAVE TO VERIFY THAT THE MACHINE COLLECTED CORRECT DATA AND THAT PERSON WAS SPEEDING. THEY IDENTIFY THAT THE PLATE IS CORRECT, IT RUNS THROUGH MVD. IT CAN BE VERIFIED. THOSE ARE THINGS HAVE TO BE DONE BY SWORN OFFICER. ONCE IT'S VERIFIED IT CAN BE SENT OUT FOR THE CIVIL CITATION. IT'S NOT CRIMINAL BUT IT'S BEING VERIFIED BY A SWORN OFFICER FOR PURPOSES. AS FAR AS THE DATA COLLECTION IF YOU HAVE SOMEONE CONSTANTLY SPEEDING AND THEY CONTINUE TO BE CAPTURED ON THIS CAMERA THAT THEY'RE SPEEDING AND THEY'RE THOUGHT PAYING MOST CITATIONS, THAT DATA IS REVIEWED AND CAN CAN BE COLLECTED AND THEY CAN GO TO THE AREAS AND CONDUCT PLANS AND LOOK FOR THE PEOPLE OR CONDUCT TRAFFIC STOPS AND DO SPEED ENFORCEMENT AT THE TIME. THERE'S A WAY TO MONITOR THE PROGRAM AS WELL AS JUST LET IT DO ITS THING BY EVERYTHING WHO IS GOING TO FOLLOW THE RULES AND NOT SPEED AND PAY FINES WHEN THEY GET THOSE. THOSE ARE SOME OF THE POINTS TO ANSWER THE QUESTIONS. >>COUN. BORREGO: THANK YOU, OFFICER. WITH THAT, I'M GOING TO GO BACK TO OUR FLOOR AMENDMENT. WE ARE GOING TO GO TO A VOTE ON THIS. >>COUN. BASSAN: YES. >>COUN. BENTON: NO. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. COUNCILOR PEÑA, YOU HAVE FLOOR AMENDMENT NUMBER TWO. APPARENTLY YOU HAVE FLOOR AMENDMENT THREE ALSO. YOU'RE MUTED. >>COUN. PEÑA: THAT'S CORRECT. >>COUN. BORREGO: PRESENT YOUR AMENDMENT. >>COUN. PEÑA: CAN WE GET IT ON THE SCREEN? >>COUN. BORREGO: YES. >>COUN. PEÑA: THIS ONE, I CAN JUST -- I DON'T HAVE THE MOMENT IN FRONT OF ME. >>COUN. BORREGO: CAN YOU PULL IT UP AGAIN? >>COUN. PEÑA: THIS IS THE ONE THAT THE COMPANION TO COUNCILOR DAVIS'S. >> YES. I MADE ONE UPIDATE TO IT PER YOUR DIRECTION. THAT'S THE ONE BEING PULLED UP. >>COUN. PEÑA: WITHOUT READING THAT THIS IS AMENDMENT NUMBER TWO TO O-21-69. IF YOU CAN SCROLL DOWN ITS THE FINE AND THE OPTION TO REQUEST SERVICE TO THE CITY IN LIEU OF PAYMENT OF SPEEDING CITATION WHICH WOULD BE RENDERED IN FULL HOUR INCREMENTS AND CREDIT AGAINST THE FINE RATE. THE AMENDMENT ALSO STATES THE PROCESS TO DO SO IS BY REQUESTING A HEAR WITH THE HEARING OFFICER. ADDITIONALLY THE AMENDMENT STATES THAT A PERSON WHO ELECTS THIS OPTION IS NOT ENTITLED TO ANY OF THE BENEFITS OF THE CITY EMPLOYEES AND ARE NOT RESPONSIBLE FOR DAMAGES. IT WOULD PROVIDE NOTICE THAT THE PERSON MUST PASS BACKGROUND CHECK TO QUALIFY AS VOLUNTEER UNDER THIS OPTION. >>COUN. BORREGO: COUNCILOR, FROM THE ONE THAT WE HAVE IN OUR iPAD, YOU AMENDED THE 15 TO 25. THAT WAS A MINOR CHANGE? >>COUN. PEÑA: THAT'S CORRECT, MADAM PRESIDENT. I'D ALSO LIKE TO ASK, ONE OF MY CONCERNS WITH WHAT AND JUST READ. IS THERE ANY WAY IT GO TO NON-PROFIT. I DON'T WANT TO THEN HAVE PEOPLE WHO CANNOT PASS A BACKGROUND CHECK NOT BE ABLE TO DO COMMUNITY SERVICE. >> YOUR QUESTION WHETHER OR NOT THIS WOULD PRECLUDE SOMEBODY FROM DOING COMMUNITY SERVICE IF THEY CANNOT PASS A BACKGROUND CHECK. WHETHER OR NOT WE CAN CONTRACT WITH NON-PROFIT PROVIDER FOR THEM TO DO THE COMMUNITY SERVICE THROUGH THEM? >>COUN. PEÑA: YEAH. OR THAT WE CREATE SOMETHING THAT ALLOWS US TO LET ANYONE. >> YOU COULD STRIKE THAT LIMITATION OUT OF THE AMENDMENT. >>COUN. PEÑA: OKAY, THEN I STRIKE THAT. >> MADAM PRESIDENT, COUNCILOR PEÑA, THERE IS A SENTENCE THAT WOULD BE REMOVED. NINE LINES DOWN, IF I'M COUNTING CORRECTLY, IT STATES NO PERSON WHO CANNOT PASS A BACKGROUND CHECK TO QUALIFY AS A VOLUNTEER MAY OBTAIN RELIEF UNDER THIS SUBSECTION. THAT SENTENCE WOULD BE STRICKEN FROM THE AMENDMENT. >>COUN. PEÑA: YES. >>COUN. BORREGO: ARE THERE ANY QUESTIONS REGARDING THOSE CHANGES? FLOOR AMENDMENT NUMBER TWO. I SEE SEVERAL HANDS. COUNCILOR SENA AND COUNCILOR BASSAN. >> THANK YOU, MADAM PRESIDENT. WITH THAT CHANGE I'LL SECOND THAT AMENDMENT. >>COUN. BORREGO: THAT IS A SECOND. COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. THIS IS MY WAY OF MAKING SURE WE GO BACK TO THE MAYOR'S CONFERENCE ROOM TO FIND OUT, I KNOW MR. PADILLA WANTED TO SAY SOMETHING. WHAT DOES APD THINK ABOUT THIS PROGRAM? DO THEY THINK THIS WILL HELP THE OFFICERS DO THEIR JOB OR MINIMIZE SOME OF THE PROBLEMS THEY HAVE? OR WHATEVER. I DON'T MEAN TO LEAD. WHAT DO THEY THINK ABOUT THIS PROGRAM? >>COUN. BORREGO: WE'RE GOING BACK TO THE MAYOR'S CONFERENCE ROOM. WE HAVE OFFICERS THERE. WOULD YOU LIKE TO ADDRESS -- COULD YOU IDENTIFY YOURSELF? >> MADAM PRESIDENT, THIS IS ISAAC. I'LL LED THE COMMANDER ADDRESS THAT QUESTION. AND WE'LL TALK ABOUT SOMETHING ELSE AFTER THAT. >> YES MADAM PRESIDENT, MEMBERS OF THE COUNCIL, APD IS DEFINITELY FOR THIS PROGRAM. THE WAY STAFFING IS, THE WAY TRAFFIC DIVISION IS WE HAVE BEEFED THAT UP QUITE A BIT IN THE PAST SIX MONTHS. IT'S HELPED WITH TRAFFIC ENFORCEMENT EFFORTS. WE CAN'T ME EVERYWHERE ALL THE TIME ALL THE TIME DAY AND NIGHT. IT'S ONE USEFUL TOOL THAT WILL PROVIDE TO US. WE CAN PLACE THESE THINGS THROUGHOUT THE CITY AT DIFFERENT LOCATIONS BASED ON CITIZEN COMPLAINTS AND STATISTICAL DATA. HOWEVER THAT MAY ME. IT CAN BE AROUND 24 HOURS A DAY. IT DOESN'T MATTER WHAT TIME IT IS, IF SOMEBODY IS SPEEDING IT WILL CAPTURE THAT INCIDENT. IT'S GOING TO REACH OUT TO A LOT MORE PEOPLE TO REDUCE THOSE SPEEDERS. FOR THOSE THAT IT DOES IMPACT, IT'S NOT GOING TO BE 100%. IT'S AN ADDITIONAL TOOL TO USE FOR TRAFFIC ENFORCEMENT AND HELP SLOW TEAM DOWN. WE'RE DEFINITELY FOR IT. WE SUPPORT IT AND HOPE IT GETS PASSED AND IMPLEMENTED IN THE NEAR FUTURE. >>COUN. BORREGO: THANK YOU, OFFICER. ANY OTHER QUESTIONS? IF NOT -- >>COUN. BASSAN: MADAM PRESIDENT, I ASKED IF MR. PADILLAU WAS TRYING TO ASK. >> MADAM PRESIDENT, COUNCILOR BASSAN, THE RULES HAVE TO BE PUT INTO PLACE. >> MADAM PRESIDENT, COUNCILORS, I WANTED TO ADDRESS THERE WILL BE A RULE MAKING PROCESS THAT WE'LL BE UNDERGOING. WE ARE LOOKING INTO PUBLIC COMMENT AND WHAT THE COMMUNITY SERVICE PROGRAM WILL LOOK LIKE AND WHAT WILL BE THE PROCEDURES FROM THE ONSET THIS HAS BEEN AN EQUITABLE APPROACH TO ACHIEVE THE COMMON GOAL WHICH IS TRAFFIC SAFETY. I WANTED TO ADDRESS A QUESTION THAT WAS RAISED EARLIER BY COUNCILOR DAVIS AND COUNCILOR BASSAN RELATED TO THE FUNDS. WE TINE -- CONTINUE TO WORK WITH RIO RANCHO AND SANTA FE. IN SANTA FE THEY'RE LOOKING TO ROLL OUT THEIR PROGRAM SOON THEY HAVE A FINE OF 50$50 . $20 GOES TO THE VENDOR, $5 GOES TO THE ADMINISTRATION OF THE PROGRAM OF THE CITY OF SANTA FE, AND $25 GOES TO THE STATE. >>COUN. BORREGO: COUNCILOR BASSAN. >>COUN. BASSAN: YES, I JUST WANTED TO MAKE SURE WE WERE ABLE TO HEAR FROM THEM AND HEAR EVERYTHING. THANK YOU VERY MUCH. >>COUN. BORREGO: WE'RE GOING TO CALL TO QUESTION FLOOR AMENDMENT NUMBER TWO AS AMENDED. COUNCILOR BENTON, DID I MISS YOU? I SAW YOUR HAND UP? >>COUN. BENTON: JUST REALLY QUICKLY. FOLLOWING THE DISCUSSION I WOULD SAY THAT IF THERE'S A POLICING FOR PROFIT THAT'S GOING TO THE STATE. >>COUN. BORREGO: I THOUGHT THAT MYSELF. THAT WAS THE SAME ISSUE THAT I HAD WITH THE LITTERING BILL WHEN I PROPOSED THAT. WE'RE GOING TO MOVE TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. COUNCILOR PEÑA, DID YOU HAVE ANOTHER? >>COUN. PEÑA: I HAVE ANOTHER AMENDMENT. THIS ONE, IF THEY CAN PULL IT UP. >>COUN. BORREGO: THIS AMENDMENT WAS NOT IN THE iPADS. WE'RE GOING TO PUT THIS UP ON THE SCREEN. DO YOU WANT TO READ IT, COUNCILOR PEÑA? >>COUN. PEÑA: THIS WOULD BE FLOOR AMENDMENT NUMBER THREE. PAGE FOUR, LINE 22, ONLY THOSE INSTANCES OF SPEEDING THAT ARE IN EXCESS OF TEN MILES PER HOUR ABOVE THE SPEED LIMIT CONSTITUTION VIOLATIONS. THIS AMENDMENTS PROVIDES ONLY SPEEDING VIOLATIONS IN EXCESS WOULD BE PUNISHABLE. A LOT OF THE FEEDBACK FROM THE COMMUNITY IS THEY SAID THEY REALLY WANTED TO NOT TARGET PEOPLE WHO JUST SPEED A COUPLE MILES OVER THE SPEED LIMIT BUT TO TARGET PEOPLE THAT ARE SPEEDING EXCESSIVELY. >>COUN. BORREGO: THANK YOU, COUNCILOR. IT LOOKS LIKE YOU HAVE SEVERAL SECONDS. COUNCILOR SENA AND COUNCILOR BASSAN. COUNCILOR BENTON, DID YOU HAVE A QUESTION? >>COUN. BENTON: I DID, MADAM PRESIDENT. >>COUN. BORREGO: OKAY, COUNCILOR BENTON AND I'LL GO TO COUNCILOR SENA AND I SAW COUNCILOR DAVIS DO THIS. I'M THINKING HE'S GOT A QUESTION. >>COUN. BENTON: JUST QUICKLY, IN TERMS OF PEDESTRIAN FATALITIES, IF YOU HAVE A 25 MILE SPEED LIMIT AND YOU PUT OUT PUBLICLY YOU'RE NOT GOING TO ENFORCEMENT UP TO 34 SPEED LIMIT, THE IMPLICATION FOR A PEDESTRIAN BEING HIT BY A CAR ARE MUCH GREATER IN TERMS OF FATALITY IN TERMS OF TERMSES OF THAT I DON'T THINK WE WANT TO SEND THE MESSAGE THAT IF IT SAYS 25 IT MEANS 34 AND THAT'S WHAT THIS DOES. I DO NOT SUPPORT IT. >>COUN. BORREGO: THANK YOU. COUNCILOR SENA. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I JUST HAD A QUESTION. I AM IN SUPPORT OF THIS. I KNOW THIS IS ALSO A COMMENT THAT CAME FROM OUR LISTENING TOUR. I WANTED TO ASK THE MAYOR'S CONFERENCE ROOM WOULD THERE BE EXCEPTION FOR ZONES SUCH AS SCHOOLS. I DON'T KNOW IF WE CAN PUT THE MOBILE SPEED TRAILERS INTO SCHOOL ZONES. JUST WONDERING HOW OTHER CITIES LIKE RIO RANCHO AND SANTA FE HAVE DONE THEIRS. I KNOW FROM RIO RANCHO SETS THEIRS AT 10 MILES PER HOUR. IN SPECIAL AREAS LIKE COUNCILOR BENTON WAS SAYING IS THERE EXCEPTION? >> MADAM PRESIDENT, COUNCILOR SENA, THAT'S SOMETHING WE CAN LOOK AT DURING THE RULE-MAKING PROCESS. I REMIND THE COUNCIL THAT WE CANNOT SET THE CITATION OVER $100 PER THE STATE STATUTE. >>COUN. PEÑA: WITH THE HELP OF MR. MELENDREZ I CAN LOOK AT ADDING SPECIAL CIRCUMSTANCES. >>COUN. BORREGO: COUNCILOR PEÑA, THERE'S TWO COUNCILORS BEFORE YOU. DID YOU HEAR THAT COMMENT, MR. MELENDREZ. HE'S GOING TO LOOK AT THAT. COUNCILOR DAVIS, COUNCILOR BASSAN AND COUNCILOR PEÑA. >>COUN. DAVIS: I JUST WANTED TO AGREE. I APPRECIATE THE SPONSORS INTENT. I'M NOT SURE THAT'S APPROPRIATE. IF WE DO -- SPEED LIMITS ARE SET ACCORDING TO WHAT TRAFFIC ENGINEERS IS SAFE. ONE OR TEN OVER, THESE CONTRIBUTE TO CRASHES. THEY CONTRIBUTE TO FATALITIES AND INCREASE INJURIES. I MIGHT SAY MAYBE WE CAN REVISIT THIS AT ANOTHER POINT. THE WAY THE STATE GOES IT'S NOT A PER MILE AN HOUR, IT'S A PERCENT ABOVE. 10% OF A 20 MILE, 10% ABOVE 50 IS FIVE. THE STATE USES A DIFFERENT STANDARD FOR DETERMINING THOSE. EITHER WAY, I THINK THE VIOLATION IS A VIOLATION IF WE'RE REALLY TRYING TO GET AT THAT. I THINK THERE'S A WAY TO GET CLOSER TO WHERE WE ARE IN A BETTER WAY. >>COUN. BORREGO: COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MADAM PRESIDENT. I THINK IT WOULD BE GREAT TO BE ABLE TO SAY TEN MILES WITH THE EXCEPTION OF SCHOOL ZONES. AT THE SAME TIME I WANT TO MAKE SURE IT'S CLEAR THAT WE'RE NOT SAYING WE'RE NOT GOING TO ENFORCE OBEYING THE SPEED LIMIT. WE'RE SAYING THAT YOU MAY GET A TICKET BY A POLICE OFFICER FROM THE TRAFFIC UNIT OR A STATE POLICE OR THE SHERIFF'S. AN OFFICER CAN GIVE YOU A TICKET. WE'RE STILL ENFORCING AND TRYING TO GET MORE SUPPORT FOR APD TO DO THAT. WE'RE ALSO SAYING THAT THESE DEVICES COULD BE AROUND SO BE WARY AND LEARN TO OBEY THE SPEED LIMIT. I THINK HONESTLY PERSONALLY I FIND IT'S OKAY NO MATTER WHICH WAY IT GOES. AT THE SAME TIME IT'S VERY CLEAR IN THE COMMUNITY DISCUSSIONS THAT PEOPLE WERE CONCERNED ABOUT SCHOOL ZONES. I THINK LET'S REALLY ENFORCE THE 25 MILES AN HOUR IN SCHOOL ZONES WITHOUT EXCEPTION. I CONCUR THAT TEN MILES OVER IN A 25 IS VERY DANGEROUS. I GET ALL OF THAT. SOMETHING IS BETTER THAN NOTHING AT THIS POINT. I THINK WE HAVE TO START SOMEWHERE. WE CAN REVISIT IT. THAT DOESN'T MEAN WE CAN REVISIT IT AND EXPEND THE SPEED LIMIT. WE CAN REDUCE THEM LATER WHEN WE TAKE THE INCH AND GROW IT INTO A MILE. >>COUN. BORREGO: THANK YOU, COUNCILOR BASSAN. COUNCILOR PEÑA, ARE YOU GOING TO CLOSE? >>COUN. PEÑA: YES, I WILL CLOSE. >>COUN. BORREGO: BEFORE YOU CLOSE, I'D LIKE TO WEIGH IN ON THIS REALLY QUICKLY. I LIVE -- >>COUN. PEÑA: CAN I JUST TALK TO MR. MELENDREZ AND HAVE HIM ADD THAT ADDITIONAL INFORMATION? I APPRECIATE THAT. >> MADAM PRESIDENT, COUNCILOR PEÑA, WE'RE IN A PROCESS OF MULTIPLE AMENDMENTS ON THE FLY FOR MULTIPLE COUNCILORS. I'M GOING TO NEED MORE EXPLANATION FROM YOU AS TO WHAT IT IS YOU WANT TO CHANGE. >>COUN. PEÑA: IT WOULD BE THE TEN MILES, WHAT YOU HAVE CURRENTLY AND TO ADD THAT WE CAN HAVE SPECIAL EXCEPTIONS FOR SENSITIVE ZONES. EE CAN CALL IT SENSITIVE ZONES LIKE SCHOOL ZONES. OR SPECIFICALLY CALL OUT SCHOOL ZONES. >> MADAM PRESIDENT, COUNCILOR PEÑA, IT SOUNDS TO ME LIKE THAT IS A COMPLICATED -- THIS IS AN ORDINANCE THAT NEEDS TO BE CLEARLY WRITTEN SO IT'S ENFORCEABLE WITHOUT MUCH AMBIGUITY. I WAS GOING TO SUGGEST, I HEARD FROM THE MAYOR'S CONFERENCE ROOM THAT THERE'S A RULE-MAKING PROCESS. I SUGGEST THAT EXCEPTIONS TO THE TEN LIMIT REQUIREMENT MAY BE ESTABLISHED THROUGH RULE MAKING. YOU GIVE THE AUTHORIZATION AND THE RULE MAKERS DETERMINE WHAT IS APPROPRIATE. >>COUN. PEÑA: OKAY. I DON'T KNOW IF I HAVE TO REMOVE THAT FROM THE AMENDMENT TO THE AMENDMENT? >> IF IT'S CLEAR ENOUGH TO THE FOLKS VOTING ON THAT. WE CAN WRITE IT UP SO PEOPLE CAN SEE IT ON PAPER. >>COUN. PEÑA: WE CAN DO THAT. >>COUN. BORREGO: COUNCILOR PEÑA, I REALLY APPRECIATE WHAT IT IS YOU'RE DOING IN TRYING TO MAKE THE AMENDMENTS. I'M THE PERSON THAT LIVES THE CLOSEST TO RIO RANCHO, I DRIVE THROUGH THERE ALL THE TIME. I'VE GOTTEN HIT ONCE OR TWICE IN A ZONE THAT WAS PROBABLY 20 MILES AN HOUR AND IT WENT TO 30 AND IT CAME BACK TOWN TO 20. IT'S RIGHT AROUND THE POST OFFICE ON SOUTHERN BOULEVARD. I PAID MY MINE. THAT WAS MY EXPECTATION. I THINK THAT I PROBABLY WOULD STICK TO BLACK AND WHITE. A MORE BLACK AND WHITE ORDINANCE. THAT'S JUST MY THOUGHT. MR. MELENDREZ, DO YOU HAVE THAT CHANGE? I WAS GIVING YOU SOME TIME. >> I AM PLEASED THAT COUNCIL STAFF MAKES IT SO EASY AND QUICKLY DONE. THAT ONE YOU'RE REQUESTING HAS COMPLEXITY BECAUSE THE AMENDMENT HAS BEEN MOVED WAS DRAFTED IN THE DEFINITIONS OF VIOLATIONS. WE NEED TO CREATE ANOTHER SECTION UNDER THE ORDINANCE THAT GIVES GUIDANCE TO PUT THAT EXCEPTION IN PLACE. WE WOULD NEED A FEW MORE MINUTES TO WRITE THAT UP, IF THAT'S WHAT YOU WANT TO HAPPEN. >>COUN. PEÑA: CAN WE JUST VOTE ON THE AMENDMENT THAT WE HAVE CURRENTLY AND WE CAN FIND OUT IF WE EVEN NEED THE RULE MAKING ONE? OR IT'S JUST PART OF THE PROCESS AND THEY CAN MAKE CHANGES AT THE TIME. >>COUN. BORREGO: I DON'T SEE WHY WE CAN'T. >> YOU CAN CERTAINLY VOTE ON THE AMENDMENT THAT'S BEFORE YOU. I'LL DO MY BEST TO GET ANOTHER AMENDMENT PUT TOGETHER BEFORE YOU. >>COUN. BORREGO: THE OTHER OPTION, COUNCILOR PEÑA IS THAT WE CAN POSTPONE ACTION ON THIS ACTION AND GO TO THE OTHER TWO BILLS THAT WE HAVE AND COME BACK. THAT WOULD GIVE STAFF MORE TIME TO CRAFT WHAT IT IS YOU'RE TRYING TO -- >>COUN. PEÑA: I THINK WE'LL VOTE ON THE AMENDMENT THAT I HAVE WITHOUT THE NEXT ONE. >>COUN. BORREGO: ALL RIGHT. WE HAVE FLOOR AMENDMENTS. COUNCILOR DAVIS, DID YOU HAVE A COMMENT? >>COUN. DAVIS: I'LL WAIT UNTIL AFTER THE VOTE. THANK YOU. >>COUN. BORREGO: WE HAVE A FLOOR AMENDMENT NUMBER THREE AS AMENDED ONCE. NOT AMENDED YET. YOU'RE WAITING ON THAT AMENDMENT. FLOOR AMENDMENT NUMBER THREE AS PRESENTED TO BEGIN WITH. WE HAVE A MOTION, DO WE HAVE A SECOND? YES, WE HAD A SECOND. >>COUN. JONES: CAN WE READ THAT MOTION PLEASE? AFTER SEVERAL ITERATIONS. >>COUN. BORREGO: YES. WE WILL PUT IT ON THE SCREEN. >>COUN. PEÑA: MADAM PRESIDENT, COUNCILOR JONES, IT'S JUST THE AMENDMENT THAT PROVIDES THAT ONLY SPEEDING VIOLATIONS IN EXSIS OF TEN MILES PER HOUR ARE PUNISHABLE UNDER THE ORDINANCE. THAT'S THE AMENDMENT. >>COUN. BORREGO: WE'RE GOING TO GO TO THE VOTE. AND WE CAN COME BACK AND AMEND IT AFTER HE WORKS ON IT A LITTLE MORE. >>COUN. BASSAN: YES. >>COUN. BENTON: NO. >>COUN. DAVIS: NO. >>COUN. GIBSON: NO. >>COUN. JONES: NO. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: NO. COUNCILOR DAVIS, NOW YOU HAD A COMMENT RIGHT? >>COUN. DAVIS: I DO, MADAM PRESIDENT. I HEAR STAFF ARE WORKING TO PREPARE AMENDMENTS. I HAVE A FEW MORE COMING AND THERE'S A FEW MORE COMING. IT HONESTLY SEEMS LIKE THERE'S IDEAS THAT NEED MORE TIME LIKE SOME OF THE SPECIAL PLACES OR SOME OF THE QUESTIONS ABOUT RULE MAKING AND CONTRACTING. IT SEEMS TO ME THAT WE OUGHT TO DEFER THIS UNTIL THE NEXT MEETING SO WE CAN GET OUR DUCKS IN A ROW. I MAKE A MOTION TO DEFER UNTIL THE NEXT CITY COUNCIL MEETING FOR THIS BILL. >>COUN. JONES: I'LL SECOND THAT. >>COUN. BORREGO: WE HAVE A MOTION AND A SECOND FOR DEFERRAL N THE ORIGINAL BILL OF O-69. ALLOWING US TIME TO WORK ON SOME ADDITIONAL AMENDMENTS. SENA, AND COUNCILOR BASSAN. >>COUN. SENA: THANK YOU, MADAM PRESIDENT. I JUST WANT TO BE SURE AND ASK FOR CLARIFICATIONS TO THE RULE MAKING PROCESS. I THINK THAT IS WHERE THE BIGGEST QUESTIONS ARE. AND LIKE WE WERE STATING EVEN WITH THE AMENDMENT HAVING FAILED THROUGH THE RULE-MAKING PROCESS THIS CAN BE HASHED OUT. I KNOW WE DON'T LIKE THAT AND WE WANT THIS ALL GIVEN IN A NICE PACK MG AGE AND THINGS WILL CHANGE ALONG THE WAY. JUST FOR CLARIFICATION, I THINK IT'S IMPORTANT THAT WE UNDERSTAND WHAT THAT WOULD LIKE. FROM MY UNDERSTANDING, IT BE A PUBLIC HEARING OFFICER IF THEY'RE FOUND TO BE IN A CERTAIN ZONE LIKE A SCHOOL ZONE AND THE PUBLIC HEARING OFFICER CONTENDS THAT CIVIL CITATION CAN GIVE DIFFERENCE TO THE RULE MAKING PROCESS WE'RE WORKING ON. CAN YOU GIVE MORE CLARIFICATION? >> MADAM PRESIDENT, COUNCILOR SENA YES. DURING THE RULE MAKING PROCESS THERE WILL BE OPPORTUNITY FOR THE PUBLIC TO COMMENT AND TO PROVIDE INPUT ON ADDRESSING ALL OF THE DIFFERENT ISSUES THAT YOU'RE BRINGING UP LIKE WILL THERE BE A DIFFERENCE IF IT'S FIVE MILES PER HOUR AND IT'S A CONSTRUCTION ZONE OR SCHOOL ZONE AND TEN MILES PER HOUR IN ANY OTHER ZONE. IT WON'T BE SOMETHING THAT OPERATES IN A VACUUM. THERE WILL BE OPPORTUNITY FOR OTHERS TO PROVIDE INPUT. >>COUN. BORREGO: SOMEONE ELSE HAD THEIR HAND UP, COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, COUNCIL PRESIDENT. FOR THE SAKE OF NOT WANTING TO BE A TOTAL HYPOCRITE. I REALLY THINK IT SHOULD PASS, BUT I ALSO RECOGNIZE THERE'S A LOT OF QUESTIONS AND FOR MANY OTHER THINGS I WANT TO TALK ABOUT, BUT I'M NOT GOING TO NOW. I THINK IT'S RIDICULOUS WE'RE TRYING TO CONDUCT PROFESSIONAL REAL BUSINESSES THAT AFFECTS THE CITY OF ALBUQUERQUE WHEN WE'RE ALL TIRED AND GRUMPY. FOR THAT REASON, EVEN THOUGH I REALLY WANT TO PASS IT, I WILL VOTE TO DEFER IT. >>COUN. BORREGO: THANK YOU, COUNCILOR BASSAN. I DON'T SEE ANY OTHER HANDS UP. I'M REALLY NOT COMFORTABLE WITH THIS PROCESS OF DOING THINGS ON THE FLY FOR STUFF THAT'S -- THIS IS A REALLY, REALLY IMPORTANT ISSUE. I'M LEANING TOWARD DEFERRING AS WELL. I THINK THAT THESE ARE ISSUES THAT EVERYONE IS CONCERNED ABOUT IN OUR CITY. OTHER COUNCILORS HAVE MORE AMENDMENTS THAT THEY'RE INTERESTED IN. I PROBABLY WILL SUPPORT A DEFERRAL ON THIS. WITH THAT, I THINK WE'RE GOING TO GO BACK TO THE ORIGINAL BILL. FOR DEFERRAL. WE HAVE A MOTION AND A SECOND. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: YES. >>COUN. JONES: YES. >>COUN. PEÑA: NO. >>COUN. SENA: NO. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THAT MOTION PASSED ON A 6-2. WE HAVE TWO MORE BILLS. ITEM J, WHICH IS M10, WHICH IS SOMEWHAT OF A COMPANION BILL TO ITEM L. ITEM M10 IS REAFFIRMING THE CITY OF ALBUQUERQUE'S COMMITMENT TO REDUCE CRIME AND RESIT VID AND ADVOCATING FOR CRIMINAL JUSTICE REFORM IN ALBUQUERQUE AND BERNALILLO COUNTY. THAT WOULD AFFECT THE ENTIRE STATE. I WOULD MOVE A MOTION FOR APPROVAL. I HAVE A SECOND FROM COUNCILOR BASSAN. THANK YOU, COUNCILOR BASSAN. ARE THERE ANY QUESTIONS? I JUST WANT TO ADD THAT I DID WORK WITH OUR POLICE DEPARTMENT ON BOTH OF OF THESE BILLS. WE DO HAVE DEPUTY CHIEF -- WE HAVE SOME OF THE DEPUTY CHIEF BARKER SITTING IN THE MAYORS CONFERENCE ROOM. ARE THERE ANY QUESTIONS, COUNCILORS? THANK YOU. WITH THAT, WE'LL GO TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: SURE. >>COUN. JONES: NO. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. WE'LL MOVE TO ITEM L. WHICH IS M11, THE CITY OF ALBUQUERQUE REAFFIRMS STRONG COMMITMENT TO END THE DRIVERS OF CRIME INCLUDING CRIMINAL FIREARM USE AND RESITIVISM. I MOVE A DUE PASS. THANK YOU FOR THE SECOND, COUNCILOR BASSAN. ARE THERE ANY QUESTIONS? AGAIN WE HAVE DEPUTY CHIEF BARKER. SHE USED TO BE MY COMMANDER. I STILL REFER TO HER AS COMMANDER. I'M SORRY ABOUT THAT. COUNCILOR DAVIS. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. I KNOW IT'S LATE AND EVERYONE IS TIRED. IT SEEMS TO ME THAT THESE TWO-PIECES DO THE SAME THING OR CONFLICT EVEN. ONE SAYS WE WANT TO DO SOMETHING AND THIS IS ASKING LEGISLATURE AND OTHER AGENCIES TO DO DIFFERENT THINGS. IT MAKES SOME ASSUMPTIONS I DON'T AGREE WITH. I SAW REPORTS THAT APD CLAIMED THE GPS TRACKER AND THE HOMICIDE TRACKER THEY WEREN'T NOTIFIED OF. AND I READ THAT THE REPORT NOTIFIED APD ANALYST AND THE DISTRICT ATTORNEY WHO NOTIFIED APD A SECOND TIME. THAT WAS AFTER HOURS SO THE APD PERSON DIDN'T GET THE MESSAGE. I THINK THIS IMPLIES THERE'S THINGS HAPPENING IN THE CRIMINAL JUSTICE SYSTEM THAT HAVE BEEN ADDRESSING ON AND WORKING ON AND DON'T NECESSARILY AGREE WITH. I HAVE CONCERNS THAT PERHAPS THERE'S THINGS THAT IMPLIES THAT ARE NOT NECESSARILY SHARED BY ALL THE CRIMINAL JUSTICE PARTNERS. I DO BELIEVE AND HAVE SUPPORTED IF HAPPENED PENALTIES FOR FIREARMS, FOR EXAMPLE. WE TRY TO FUND ADDITIONAL ANKLE MONITORS TO THE METRO COURT BEFORE. I THINK THERE'S ASSUMPTIONS I HAVE CONCERNS FROM. >>COUN. BORREGO: I GO TO THE MAYORS CONERANCE ROOM. I WORKED WITH APD ON THESE ISSUES. CAN SOMEONE ADDRESS THAT? >> ON THIS PARTICULAR ISSUE, WE WORKED WITH YOU ON THE PREVIOUS RESOLUTION. I DON'T KNOW IF WE'VE SEEN THIS PARTICULAR ONE. >>COUN. BORREGO: THIS DID COME FROM DEPUTY CHIEF BARKER. >>COUN. DAVIS: I UNDERSTOOD THE ADMINISTRATION OFFICIALLY DRAFTED MEMORIAL TEN AND A DIFFERENT PART OF THE ADMINISTRATION OFFICIALLY DRAFTED MEMORIAL 11. IT WAS MY UNDERSTANDING THAT DIFFERENT PARTS OF THE ADMINISTRATION WERE NOT AWARE OF THE DIFFERENT MEMORIAL AND APPROACHES THEY TOOK. >>COUN. BORREGO: BOTH OF THESE BILLS WENT BEFORE APD. YES, HE HELPED ME DRAFT TEN. THE SECOND BILL WAS DRAFTED BY APD. >>COUN. DAVIS: THANK YOU, MADAM PRESIDENT. I UNDERSTAND AND I'M NOT CRITICIZING OR TRYING TO EMBEARESS ANYONE. I UNDERSTOOD FROM THE MAYOR'S ADMINISTRATION THEY WERE NOT AWARE TWO DIFFERENT ONES AND THEY ASKED FOR TWO DIFFERENT THINGS FROM THE SAME PEOPLE. >>COUN. BORREGO: ONE IS ADVOCATING -- THE FIRST ONE WE JUST VOTED ON, COUNCILOR IS ADVOCATING COMMITMENT FOR A DECREASE IN CRIME AND THAT'S THE PRIMARY FOCUS ON THE FIRST ONE. THE SECOND ONE IS ACTUALLY ADVOCATING CRIMINAL FIREARM USE AND RESITIVISM. ONE GOES FURTHER BECAUSE IT DISCUSSES FIREARMS. I THOUGHT DEPUTY CHIEF BARKER COULD ANSWER SOME OF THE QUESTIONS. IS SHE NOT THERE? >> WE DID -- A COUPLE OF PEOPLE IN THE DEPARTMENT HELPED DRAFT IT. BUT THE MAJORITY OF THE DRAFTING WAS DONE BY COUNCIL STAFF. WE WERE PART OF IT. >>COUN. DAVIS: I APPRECIATE IT. I WAS JUST TRYING TO CLARIFY INFORMATION AND SEE WHAT WE CAN GET. I UNDERSTAND WHERE YOU'RE COMING FROM. THANK YOU, MADAM PRESIDENT. I APPRECIATE THAT. >>COUN. BORREGO: I'M SORRY, COUNCILOR. I MEANT CHRIS SULLIVAN DRAFTED TEN. COUNCILOR BASSAN AND COUNCILOR PEÑA. >>COUN. BASSAN: WHAT I'M HEARING FROMOUNCILOR DAVIS AND I HOPE THAT I'M RIGHT, BUT IF I'M WRONG TELL ME, I REALLYEFINITELY WAS MORE ON BOARD WITH TEN AND NOW TH ONE I UNDERSTD THAT IT'S ABOUT CREATING SUPPO AND MEMORIALIZING THAT. WE DO THAT. I THINK. AND WE JUST DID THAT IN THE LT ONE. I'M WONDERING HOW IS TH DIFFERENT AND MORE EECTIVE ENANOTHER -- >>COUN. BORREGO: COUNCILOR, THIS RECOMMENDEDO THE STATE LEGISLATURE THAT THEY LOOKT THEIR LAWS TO MAKE THEM STRONGER IN ORDER TO PREVENT THEINDS OF SITUATIONS THA WE HAD WHEN O OFFICERS WERE SHOT. >>COUNDAVIS: MADAM PRESIDENT, I THINK MY POINT EARR WAS THAT I THINK THIS IS -- NO OFFENSE TO AP IT'ONE-SIDED. IT SAYS THE COURT NEEDS TO IMPOSE STRTER PENALTIES AND I AGE WITH AT. THEUDICIARY HAS A CODE OF HICS AND THEY'RE HOLDINGO . I INK IT'S NOT FAIROR THIS COUNCITO ENDORSE SOMETHING THAT SAYS W WNT JGES TO DO SOMETHING THATHERE NOT ALLOWED B LAW. THIS IS OAD AND STRIKING. I THINK IT'S INCUMBENT ON US WH WE JUST HAD A HEARING A MOH AGO FROM OUR PICE DEPARTMENT THAT ADMITTED THAT THEIR INVESTIGATI UNIWAS NOT UP TO PAR AND THEY NEEDED TO RETRAIN INVESTITORS SO WHE THIS A SHOOTINGR VIOLENT CRIMWE'RE ABLE TO RESPAWN QUICKLY AND PSENT THE CASES D TH'S PART OF THE CHALLENGE. I UNDERSTANDND I APPRECIE IT. INK WE HAVE A ROLEO PLAY E'RE GOINGO DO A MPREHENSIVEEMORL OF CRIMINALUSTICE RORM WE SHOULD ENRE WENCLU ADDITIONAL OBLIGATION FOR THE LICE DEPARTMENTO MOV AND PRIORI VE FEN INVESTIGATIONS. THINGS THEIR OWN DEPARTMENT TH'RE NOT AE TDO. DON'T THINK IT'S BAD I THINK IT'S A FINE MORIAL, I AGREWITH THE GUN VIOLEE PIE. INK IT'S ONE-SIDED AND IT SHS. I INK THAT'S NAI TO US AS PARTICIPTS IN THE SYSMO SAY THAT WE WANTVERYONE ELSE TO DO SOMETHING ANRE NOT ASKING OSELVES TO DOORE A WELL. THAT'SY POINT. I SO KNO IT' A MEMORL AND IMPORTANT TO WHAT WE BELIEVE BUT TH DOE'T HAVE FORCEF LA I'OKAY WITH IT AT 10 O'CCK ON WEDNEAY NIGHT. >>COUN. BORREGO:OUOR PEÑA, AND COUILOR GIBSON. COUN. PEÑA: THK YO MADAM PRESIDENT. DAVIS, I AEE WITH U.NCILOR JUST WANT TO SAY THAT IOT FOR TH OTH OND I VOTE FOR THIS ONE BU GIV MEHEARTBURN. I FEEL LIK WERE ASKING PEOPLE TO DO A PEOPLEREOOKING AT AS WHAT W GOING TO DO 'RE TALKING AUT CURILING SPEEDINGN THE MMUNITY. AND FOR ME, WE'ORLIZING METHING THAT -- I JT WANT T BELEAR THA SEWHE SUPPO THE STUF THAT WE'RE TALKING ABOUT IN HERE. BU I LIKE HOW DO Y EAT AN ELHANT,HE'S SOUCH MPLETY TO ALL T IN TER OF THEOCLERVIS DRESSING THE DERLNG ISSUES SUBSTANCEABSE ANDTAL ALTH SYSTEM THAT'S FAILED PEOP. IT REAYIFCULT AND I FEEL LIKE THIS PUTS US IN A PLACE THAT WE' SUPRTIVE, BUTS T REAY ALL ENCOMPNG. I'LLUST SAY TH. AT 10 O'CLOCK NIGHT, WE'RE ON >>COUN. BOEGO:NK YOU, COUNCI WE'LL G TO COUNCOR GIBSONND COUNLOR NAANDACK TO UNCIR GIBSON AOUNCILOR SENA AND YES IIS GETSING LATE WE HAV ABOUT 2 MINUTES BEFE EXTENDING R MEETING. >>CO. GIBSON: LET'NOTO THAT. MADAM PRESIDENT, ILL BE RLLY BRF. I MIGHT HAVE VOTED FOR THI RIGHTFTER YOU INTDUCED THIS, BU I'VE DECIDED NOOUPRT IT. 'S N BECAUSE I DON APPRECIATET I INK YR GENERAL INTEN . I'GOING TO HAVE TO LEA NOW. I'M RRY I CAN'T ST NGER. HAVE LEAVE. YOU VOTE RIGHT NO I' VOTE AGAIT IT. THK U. COUN. BORREGO:HANKYOU, UNCILOR GIBSON. COUNCIR SENA. COUN. SENAWI THAT, I WILL DETELY KEEP MY RESPOE VY SHOR I TNK IT'S BEEN STAT I SHARE THE SAMEHEARTRN COCILOPEÑA HAS. THE'S MUCHORE TOA LOT OF THESE ISSUES. I OW WVE ALL TED TO ADDRESS A LF THE SAME ISSS GETTING ME OF THE KEY ACTORS AND DISCUSSING IT. ALSO NDING TO DO FOLLOW UP SESSIONS WHERE WRE INVOLDN E STEMSND PART OF THOSE DISCUSSI. THK I APPRECIATE COUNCILOR BORREGS SENTIMENTS ON TS MEMORI AND I IS DIFFILT TO SAYS TO ALL OF THE THINGS AS A STANCE THATE ALL A A GOVERNIN B SUPPORT. AT T SAMTIME, I THINK IT'S IMPORTANT THAT WE DIG INTOME OF THE ISSUES A LITTL BIT MORE IN-DEPTH. OF COSE, IPPRECIATE COUNCILOR RREGO'S SENTENT. THANK YO >>CO. BORREGO: COUNCILOR BASS, YOU YOUR HANUP AS WELL. >>COUN. BASSAN: M RRY, MADAM PRESIDENT. I WILLE SHORT. I JUST CAN KEEP VOTING FOR THINGS BECAUSE IT'S LATE AND WE'RE RUNNING OFFENSE TIME D TIRE I CAN'T SUPPORT THIS EVEN THOUGH AGREEITH A LOT OFHAT'S IN THER I DON'T REE WITHLL OF IT. THAT'S IT. I CAN'T KEEP USING THIS AS REONSE. >>COUN. BORREGO: WT I'M GOING TO DO BECAUSE I APPRECIATE ALL OF YOUR COMMENTS, I DID WORK WITH WHAT WE WER TRYING TO ACHIEVE WAS THE REVOLVING DOOR ISSU AND SOMEHOW RECOMNDG TO TE LEGISLATURE TH WE WANT TO STOP THAT BEHAVIOR AND STOP TT SITUION. AND ALSO WITH REGARD TO FIREARMS AND I KNOW THAT GETS A LITTLE TOUCHY WHEN WE STAR TALKING ABOUT REARMS. WHAT I'D LIK TO DO IS I'D LIKE TO PULL MY MOTION AND ASK FOR A DEFERRAL AND MAYBEHAT WE CAN DO IS WORK THIS A LITTLE BIT MORE AND GET A LTLE BIT MORE Y IN. I THINK IT'S REALLY IMPORTANT THAT WE MAKE A STATEMENT AS A TY, ESPECIALLY KNOWING THE KIND OF SITUATION THAT WE'VE ALL BEEN DEALING WITH IN OUR RESPECTIVE DISTRICTS. I WOULD PULL MY MOTION FOR APPROVAL AND ASK FOR A TWO-WEEK -- SEPTEMBER 20th DEFERRAL. I HOPE THAT I CAN GET A SECOND ON THAT. COUNCILOR PEÑA, IS THAT A SECOND? >>COUN. PEÑA: YEAH. AND I WOULD ALSO ASK THAT MAYBE WE CONSIDER M10 AND TAKE ANOTHER STAB AT THAT AS WELL. WE CAN DO THAT, IF YOU WOULD LIKE. ACTUALLY WE CAN EVEN COMBINE THE TWO. >> I WANT TO MAKE IS A CLARIFICATION ON M10, THE INTENT IS MOTIVATED TO VOTE TO DEFER. I WANT TO INFORM M10 IS PASSED. THE ONLY WAY TO CONSIDER IT IS TO VOTE TO RECONSIDER IT. ABSENT THAT YOU ONLY DEFER M11. >>COUN. BORREGO: MAYBE WE JUST LEAVE M10 AND IF THIS DOESN'T GO THROUGH WE STILL HAVE IT. I THINK THE QUESTION IN MY MIND ON THIS ONE IS WITH REGARD TO THE FIREARMS. I SEE COUNCILOR DAVIS -- I DON'T KNOW. I DON'T KNOW IF YOU'RE SHAKING YOUR HEAD OR NOT. I WOULD PROPOSE THAT WE DEFER THIS. WE HAVE A MOTION AND A SECOND. LET'S VOTE ON THIS AND IF WE WANT TO RECONSIDER M10 WE'LL GO BACK TO THAT. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. GIBSON: NO. >>COUN. JONES: NO. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. BEFORE WE GO TO M10, I WANT TO GO BACK -- DO WE HAVE TO GO BACK TO O-69? >> O-69 WAS POSTPONED. >>COUN. BORREGO: IS THERE A MOTION TO RECONSIDER M10, I'M NOT GOING TO MAKE THAT MOTION. COUNCILOR PEÑA. COUNCILOR DAVIS IS THAT A SECOND? WE HAVE A MOTION AND A SECOND. ARE THERE QUESTIONS? WE HAVE A MOTION AND A SECOND TO RECONSIDER. COUNCILOR PEÑA. AND COUNCILOR DAVIS. IF THERE'S NO QUESTIONS WE'LL TAKE A VOTE ON THAT. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. WE HAVE A MOTION TO RECONSIDER. AND IT PASSED ON A 7-0. WE'RE GOING TO MAKE A MOTION TO DEFER. I WILL MAKE A MOTION TO DEFER. COUNCILOR PEÑA, IS THAT A SECOND? TO SEPTEMBER 20th. ANY QUESTIONS? I DON'T SEE ANY QUESTIONS. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. DAVIS: YES. >>COUN. JONES: YES. >>COUN. PEÑA: YES. >>COUN. SENA: YES. >>COUN. BORREGO: YES. THANK YOU, COUNCILORS. THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COUNCIL THIS EVENING, THIS MEETING IS ADJOURNED.