[Music] just a reminder also while we're waiting on gun TV bring your a participant list up right in your screen so that you can raise your hand if you have a question and want to interject it's sometimes a little hard to see it unless you're really vigorously waving but we'll try to keep you up and I'll do my best to call out the names as I see himself great thank you sir good evening folks at stoon first twenty twenty and welcome to the 11th meeting of the 24th City Council tonight all councilors are present along with guests from the administration the president is our zoom video conference as we do for each of our City Council meetings we'll begin our meeting tonight with a moment of silence followed by the Pledge in English and Spanish councillor bidden is going to lead us in the Pledge in Spanish and I'll lead us in the Pledge in English tonight before we began we'll ask that you take a moment of silence tonight we want to think about all those that we're thinking about including the family of George Floyd and others who've been raised in their situation and their families raised to the public consciousness this week as a result of the protests and the tragic loss of life in Minneapolis and around the country so take a moment for a moment of silence and we'll return to our pledge thank you all and if you're join us in the pledge 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 counselor bit modulated in the plaid shirt Spanish please low fee David odde a la bandera de los Estados Unidos de américa liga representa - young bajo deals in DB same ly only with dad UCC apparatus Thank You counselor and thank you to everybody for participating in helping us tonight a few housekeeping notes off the top this evening as was noted in our press release from our office on Friday and as well on our website and noted in our published agenda tonight's meeting continues our special emergency procedures given the governor's declaration of a public health emergency and a ban on gatherings of more than five people there for tonight's meeting is being held by zoom video conference members of the public critical city staff and the media in any city staff have the ability to view our meetings through three different platforms on gov TV on Comcast channel thirty sixteen the gov TV website and live on YouTube these live streams can be accessed from most any smartphone or tablet or computer and for those watching on a live stream we want to thank you for joining us tonight a video recording of this meeting and all of our City Council meetings are available for viewing at any time on our website and our staff is available via telephone members of the public need assistance in finding those videos you can contact our office at 768 3100 for assistance anytime during our business hours Monday through Friday 8:00 to 5:00 the council will accept a general public comment and comment on tonight's specific agenda items in written form via email and web forum through 4:00 p.m. today those comments were distributed to all councilors and we'll discuss some of them in our deliberations and comments tonight if the meeting does extend to 7 o'clock or so we'll do our best to take a short break at about 7:00 o'clock this evening to let everybody get up stretch their legs and get ready for the next section of our agenda so for those of you following along if we get to 7 o'clock we'll look for a good place to do that we would normally do proclamations presentations and economic development discussions but we have none of those scheduled tonight so this evening we'll start with administration Q&A we have a guest lieutenant del greco from APD is here and available and I know counselors have some specific questions for APD about the events of the last few days and so what we've done tonight is asked for counselors to with questions for APD to do those off the top and so we'll do that and then we'll be able to excuse a PD to go back to some other option if ities for the evening and then we'll talk about some other departments and so to get us started I want to defer to councilor Sena I believe you have some questions for lieutenant Oberg yes Thank You mr. president given the current public health emergency and the sensitivity of the respiratory system is tear gas the best practice to disperse crowds are there better methods and considerations without utilizing excessive force sure council president Davis councilors had a thank you for the question so to start off the top teargas we've kind of evolved is law enforcement community from using tear gas to we use other forms of what we call a chemical irritant one of the forms that we use is an OC vapor so it's actually to get technical to get into the weeds with you all it's called oleoresin capsicum which is essentially the active ingredient in Chili Peppers so it's food grade you can put it on your on your meal if you'd like but the use of the chemical deterrent is a way for law enforcement to create distance between law enforcement officers and the public and kind of in the spectrum of using those types of options it's pretty far on the on the end of it so we use and we go through a lot of options before we get there so we go through things like Officer presence so I use the example typically of when you're driving on the freeway and you see a police officer behind you your first reaction to that is this and the officer isn't doing anything other than probably trying to get to work just like you all are but you see the police officer and just his presence a little chase and changes your behavior and law enforcement is cognizant of that and we utilize that to our advantage and times we move on to we have elements within the Albuquerque Police Department that are playing clothes where they're detectives they drive unmarked police vehicles and they provide intelligence to us and a manner that mark law enforcement officers I'm able to because again when in a law enforcement officer comes into an area they changed the behavior of that area so they're able to give us intelligence and verify information or not verify information based on their observations we use public address announcements so when we come into a crowd and there's significant difference between what you saw yesterday afternoon and the Probie the the I just lost my Drive sorry we're going on about two hours of sleep today so working the protester there was interpretive zone a peaceful march thank you so there was a significant difference between the piece of March which had about 2,000 people is a significant event and the Dyer administration protects those people's rights to exercise their constitutional rights that was in sharp contrast to the group that came out yesterday late last night and so when groups like that passed point past the point of civil to civil disobedience ie destruction of property or harming officers or others that's when those chemical agents are used and again they're used to create distance one of the kind of key functions of those chemical munitions is once you are out of the environment where the chemical munition is in you no longer are susceptible to its effects so it's it doesn't last with you a long period of time like if you were to be pepper spray which if you ever get the opportunity to join the police department you get to go through which is quite unpleasant but that is a very long lasting effect and one of the fun things about that is when you you get it and then it kind of goes away but then when you go home and get the shower your pores open up from the heat of the shower and it reactivates that pepper spray so it it stays with you for a couple days that the chemical munitions that we use during those events like we did last night are not effective like that they don't last with the individual for a long period of time so those are kind of some of the reasons as to why we use those chemical agents because they're not as effective as other forms and they're a lot less invasive on the individual as say a Taser or any other forms of less lethal munitions that we have in our disposal so another thing as far as the excessive force that's a very it's a very situational deal and I use the example of that councillor Senna - if we were deployed chemical munitions on the individual last night you all are aware that we had an individual that was barricaded in an apartment that was firing multiple rounds from an ak-47 out into the community if we were to use chemical munitions on that individual it's a very low-level use of force in relation to the severity and potential of death or great bodily harm that that individual was exhibiting on contrast for the other side of the coin - that if we were to use less lethal chemical munitions such as the OC vapor on an individual that was just crossing the sidewalk or when we commonly call jaywalking that would be an excessive use of force so because of the severity of the crime which is a very low-level crime that we all would agree there's no threat to the officer or others there's no damage to property but that chemical munitions is a very high level of a force option used on a very low-level crime or threat so the excessive force is a very specific situational kind of component that we would I would have to look at individually that it determined whether or not any of the deploying of a [ __ ] information was accessible now I'm sorry that answer your question counselor senator nothing yeah I'm certain um thank you for that and I appreciate you know coming here only two hours of sleep but I think it's really important that the public and our constituents know what's being utilized at this moment because of course as we know that the virus has an impact on our respiratory systems and I'm just wanting to know I'm making sure that if it is required you know if it's whether it's these the chemical that you're referring to and just what implications that can bring if the public is exposed to it and so I know that you're touched on this other question that I have briefly but you know what are the policies for de-escalation especially during a protest sure Custer Davis counselor said thank you so our policies are kind of what I alluded to earlier we started the lowest level possible and I think that that's what the community saw in the in the March earlier in the evening they saw a police presence right and that was on the periphery of the of the March we were blocking traffic we blocked about a four block radius around the March to protect those people marching from vehicular traffic we we shut down the freeway just to ensure that any individuals that were marching or or in harm's way so that's the lowest level and for the most part a vast majority of the people that were marching didn't Capt because it wasn't required and it wasn't needed we were protecting it their First Amendment rights on the on the outside without without killing anyone in the March ever really seeing this and then obviously as the night wore on and that group of peaceful marchers left a new group came in and they started with damage they were lighting things on fire they were throwing rocks bottles skateboards shopping carts basically anything that wasn't bolted down they were getting thrown and windows or officers or what-have-you and based on that behavior that's what kind of ramps it up and we don't automatically just ramp it up it was we started again with Officer presence we had an undercover element in the equipment that in the area to give us real-time data that we can rely on and then we come out with announcements so we give those individuals that are conducting that behavior an opportunity to vacate the area so they don't have to stay so they're staying at their own record we're not keeping them there we have much rather than all go home and not conduct that kind of behavior or at least just stop that behavior altogether and then that was those kind of a munitions are used and if that behavior continues and the threat to the officer or others doesn't cease or the property damage doesn't stop occurring then after all other options are exhausted were forced to deploy those munitions and that says standard a best practice throughout the country to disperse the crowd counts or sanity you have a follow-up yeah just one more question so I'm thinking of this I know that you're you're telling me that it really varies situationally and as things progress and so does the response so that but I'm just thinking of the standard protocols like do all the protest protocols include police force in riot gear meaning like the emergency response team do you guys always have them on the side or what is it typically entail sure councillor Davis counselor said a thank you to the question so it's again it's it's it's complex so it just depends on a number of factors that we use within the police department that I don't really want to get into the weeds on but based on the crowd the size of the crowd and multitude of factors where they're demonstrating all of those types of things kind of leads us to build a force that is kind of in step with protecting the community and the protesters so if it's a small crowd like we frequently have crowds outside of different businesses whether it be a union dispute or other types of protest that doesn't really doesn't elicit a response from the Albuquerque Police Department at all and then we have other crowds that we do some things and others so it's again it's situationally I will tell you that chief Dyer and the administration are very well aware that when the deployment of an officer in full riot gear is the decision that decision is made it's a very intrusive one and the visual effect on those people in that area is significant so we only deploy those assets and as necessary so as an example we had people were damaging the triangle South last night it was there was a female that came out of the crowd and started yelling at these two kids that were throwing rocks at the triangle so they took off well if we look we had officers and rout to protect that protect that property but because those people left the area we knew that once those officers got on scene and stood in for the triangle stuff it would elicit a response that we didn't want and it would educate the crowd and so we pulled that asset back we ended up not deployment so we're very well aware of the visual kind of how it's visually it's attractive if it sorry trying to lose it myself here but we're very well aware of what police right here does to people and we only deploy this last report sorry yeah and thank you for that and just to follow up you know I would love to hear more details and I know I don't want to hold you for too long but just thinking of the considerations that are being made I would love to follow up on that because I'm thinking you know what's the difference in response to say the woman's March compared to the March that occurred Thursday or yesterday so in contrasting those two what was the deciding factor was it sighs or where they were protesting so that you can go into that counselor Davis counselor said absolutely if you'd like to 78 I'd be more than happy to go through those we have a matrix and all kinds of stuff that we do to use to plan Thank You counselors at all and that is all for now but I would love to follow up and get more details on that I think it's really important that thank you Thank You counselor I think of great questions I have a couple myself but before we do I see councillor Benton as his hand raised so I'll call him next and as a reminder counselor's if you have any other questions for APD I used to raise your hand function we'll put you in line and so we'll go to councillor Benton and then recognize myself Thank You president Davis lieutenant o Greco questions we'll try to try to make it fast here basically in response to emails I'm getting you know sort of one is a concern about old town old town of course is older buildings generally not any fair protection I understand one who would be concerned is there and then for West downtown some of the property owners along Central West downtown have also asked is there contingency plan if if the protests are are damaging property as was done last night and they are moved out of downtown is there back-up plan for West internal Telsa president Davis councilor Benton yes so we have contingency plans I don't really want to get into the weeds as far as that's concerned it doubles any kind of preventive proprietary information however I will tell you that we have some fundamental some fundamental rules that we follow that kind of guide us in these incidents and we are working with Rio Rancho police department New Mexico State Police the Bernalillo County Sheriff's Department APD US Marshal Service Homeland Security and FBI do by the public for the City of Albuquerque the best service as possible so we have contingencies in place for all of those things obviously we'll implement them if needed if lord knows i hope we don't miss mr. president and thank you for that and yeah definitely and asking for beep bells just just putting that out there I'm sure you know it's a obviously the very situation flux and you're gonna strategically deal with it as you can and you know that you'll try your best I was real sorry to hear about solar street market last night I mean business that's really stepped up in our community and invested no one else would and and struggles daily with issues just the dynamics of being really sorry there has to be a balance struck you know and I am very much on so the peaceful protesters and they knew that that APB is for that matter is expressed by the chief fire we can tolerate you know endangerment people's procreate and they're only investments in some cases and then places like Kimo theater I mean if we release that be something that's would just be a real hole in our in our heart sense of community so I know you'll try your best to strengthen the monson that there will not be any kind of unnecessary useful force against protesters but my fellow support use of force if the people are using their rights for free expression and mr. president and councillor Benson if I might add to lieutenant bill Greco's comments we also are coordinating very closely with the Albuquerque Fire Department and particularly as you look at the the two areas that have a historical base in the city and your district in particular and where most of the activity has transpired here recently both Old Town and west downtown we have our fire department on alert to be able to respond at a moment's notice with a close coordination with APD I would also just add to all of you that again we're happy to sit with you and talk to you a little bit about these protocols that the lieutenant tried to describe to you tonight it's very important that you all know that our administration has taken the approach that the peaceful protests we will support and encourage those to occur we will use our police department to ensure that the protesters are safe so that we don't have any incidents with maybe traffic and particularly with an incident we sign other part of the country where you have a a big motorized vehicle coming into a crowd and that's a lot of what happened yesterday the mayor and I were both at this event at earlier in the afternoon and watch that and we APD did a great job in in managing the the event and watching the peaceful protest if you will the march down to downtown but as the lieutenant said certain circumstances transpired to the course of the evening that created a situation where there was a a real strong concern about destruction of public property or and/or private property for that matter and also concerns for the safety some of the folks that were part of the protest or may not have been but maybe innocent bystanders as well as the neighborhoods so all of those factors come into play but for councillor Senna and for the rest of the councillors would be happy to have a little briefing with each one of you to give you a little bit of a sense of what it means to make these decisions and what kind of situation is trigger certain responses as we see through the course of an event I would also say that look the coordination with as many agencies as lieutenant described is also critical to have as many of those resources available to help us ensure that we're getting all the best information that we can to make good decisions all in the enrollee in the name of ensuring that people are safe that the community is safe and that the disruption to the private businesses of the community is as minimal as possible and so I want to just make sure that you all aware of that and be happy to visit with you as the week progresses hey mr. president Thank You mr. al councillor Jones and then myself come sir Thank You mr. president thank you for letting me but in front of you there I do have a major question for mr. Ralph I assume so we're very concerned about the protesters and their safety and what's happening to them although they did make the choice to go there no one forced them to and I understand we evolved into something far far greater and worse than we had anticipated my question of mr. al and the administration whoever would like to respond the newpsies how about those business people who did not choose to riot did not choose to cause problems but now there's a large number of them whose properties are in bad shape most of the windows on the ground floors have been locked out remember the properties the they've been spray painted graffiti spray painted I think this is a multi-block area and multi buildings and I don't have a count on that and now we face a situation and to include the Kimo theater of course which was very close to being burned down I I understand their concern about the people who are involved in their safety but how about the illegal acts that they were participating in and causing to happen how about the people now who have thousands if not hundreds of thousands of dollars in damage to their properties and their businesses and continued shutdown with their businesses because of not only the outside the exterior damage but also the interior damage that was caused by the looting probably not as much of that but certainly the glass and the issues with the property so what mystery out are we planning to do to help those people who did not perpetrate illegal actions and yet now they are faced with the cost of fixing what was happening there by people who are breaking a lot president and councillor Jones and the counselors counselors Jones to make a very good point and that is part of the decision-making process that APD undertakes as they make decisions about what type of response to a given situation there is no question about the fact that our local businesses that have invested their time their energy their own money into establishing their businesses are as are severely impact whenever we have a situation like this that it causes damage to their their place of business and as a result sets them back part of our conversations day with the community was about the fact that where we have a one-two punch so to speak we've had the corona issues and the fact that these businesses have been closed for some time and just when they're about to open that we have the the situation that involved last night that created an even bigger impact those businesses for for the short term we have obviously stepped up and this morning the mayor announced that we would help those businesses board up their windows with city dollars or if you will with the federal funds that we'll have available to help protect those businesses and a lot of those businesses along central took us up on the offer and we've boarded many many of the windows many of the just to help those businesses at least to the moment and to the next couple of days as we see these issues progress we're also going to reach out to them with our small business group to begin to have conversations about how we might be able to help get some some of those damages and some of the work or some of that if you will damage repairing their businesses but you're right those are the kinds of the balancing act that we take between human life protesters and others in the community and the businesses that have an investment that is long-standing and that we want to make sure we continue to bolster so that they can continue to to prosper but we'll be reaching out to all those businesses and see how we can help with with whatever programs we can come up with to help them with what the costs that they're obviously going to have to endure during this period councillor Jones with the follow up a mr. president mr. Ram I understand what you are saying but it doesn't come quickly enough where the people who have been damaged when watch again and how are we going to do this because we now have a situation not only and people think those rich people who own all those buildings who so they can afford to do this but it's also their employees who are once again not able to go to work in a building and some of these buildings that are so damaged so it's a time frame when can we explain can they expect I've had several pony when can they expect you to call from the city and not quickly do you think we can have to get them back we're open for business and the properties and repair in a situation that they can again conduct desistance mr. president and councillor Jones I can assure that they were they were contacted today as it relates to boarding up their business as I'm helping them Elise protect them to the course of whatever happens this evening going forward our small business office will be in touch with all of those businesses as early as tomorrow again to determine what transpires this evening and to see how we can help I'd love to be able to tell you this and this and this at this very moment but as you know these protests are going to continue and we don't know in essence what the impact of each of those protests are going to be but we are mindful of your concern we're trying to do what we can to at least help them protect what they have today and and we'll continue to work with them over the next week or so to to give them any kind of assistance that we can that we can muster if you will in the community councillor Dennis did that conclude your comments or your questions one more peaceful yep mr. Ali I appreciate what you said about contacting the property owners the businesses but I think that delivery in some of the instances wasn't quite as it could have been I heard from a couple of people that they were told they needed to port their businesses up immediately and windows up immediately if they didn't they would be fined keeps backwards to me mr. al I don't believe any anyone has been fined or come up going to be charged and come up with financial help for the people who are harmed and yet we are threatening the harmed people with fines and let me tell you it's not easy to find enough people to go board up these windows and clean up though I I'm just I'm appalled and what's happened and the fact that we're knowing that it's probably going to happen again tonight so Thank You mr. ralph for certain Thank You mr. president and comes to Jones I mean I just ask you that if you could forward those businesses those that information to be I will ensure you that we will get someone out there because that is not the message that we are wanting to send to those businesses at least we want not finding these finding them for not covering their windows as a matter of fact our whole and if you can't do the work yourself let us know and we will have a city contractor come out and help you with that so please let me know who they are and we will make sure we contact them immediately thank you sir I appreciate that thank you councillors I see councillor Pena has a question I have one as well but I want to be sure if there are any other questions for lieutenant del greco specifically at APD I want to be sure we take them and then we can go back to some of the more general response so I'll go to council pena first if you have a question for lieutenant del Greco otherwise I don't and so we'll let him leave and get back to the administration but counselor pinion I'm good I must have inadvertently hit the raise hand button but I just want to say that you know I think that APD has done you know just such a great job just over the years working so closely with APD in terms of what they're trying to do out there in the community you know as a result of what happened in the past I think we've come a long way what happened to mr. Floyd is it's just devastating my heart goes out to the family I know people are seeking justice and people are tired for what's been happening in our community throughout the city and obviously throughout the nation we have other countries who are just joining in with this you know so it is just devastating to see what's happening and I just hope that if the administration has any contact with some of the organizers that they really have a conversation about what our city means to us and how far we've come you know and I would wish that some of the businesses out there would post out there that they they understand the plight of the people and why they're out there protesting and and maybe post something on their businesses saying that that black lives matter councillor Pena I'm going to cause you just a second councillor Pena if you can hear us I think we lost your microphone if you could reset it first on your side councillor Pena if you could we lost you for about the last 10 seconds or so if you could reset your microphone on your side we want to get the end of your comment not yet I think it's just that f8 button again but okay and now councillor if you can unmute yourself Julian's gonna unmute you here and we'll try you one more time counselor we're going to let Julian work with you really quickly to get your mic back we only lost about the last 10 seconds but I want to be sure we get to to let you close that because it was a it was important so counselor can you hear us now I don't know if you can hear me or not but it's saying that my internet is unstable so councillor penny I'm sorry we're gonna yep that's okay Julian's gonna reach out to you and we'll work on that issue for a moment so we can come back to you and so last call councilors no other questions for lieutenant del Greco I think maybe no okay lieutenant we appreciate your attendance we'll follow up with mr. RAL with any follow-ups and thank you I know you have some other duties tonight so thank you for joining us we let you get back to your other work hopefully maybe get some sleep tonight oh sorry Council counselors thank you very much I appreciate the opportunity I hope I get something tonight we'll see how that goes thank you all thank you thank you sir stay safe Council break oh I see you had a question and I have one as well so I'm gonna put you in the queue first Council Borrego you have a question for the administration go ahead Thank You mr. president I really have more of a statement or some comments I was extremely disappointed this morning I was watching the the protests last night on Facebook and about nine o'clock I think I signed off and I went to bed thinking oh it was a peaceful protest so I was I was happy to think that that's what happened and when I woke up this morning I was very disappointed I think councilor Benton made a talked about balance and you know we have a lot of issues that we're dealing with our community is very sensitive right now and the nation is I mean with this covent outbreak and then black lives matters and you know all lives matter even our police officers lives matter you know we've had the DOJ in town and we've been working on use of force and I don't think we've finished that yet and then now we're dealing with this so it's just like stuff on top of stuff I think what I what I you know I don't think well I think maybe there are only a few people that really want violence but I don't think the majority of people wanted violence from last night's gathering and I think that some of this goes without saying to the council is that we're all very aware of what's happening a community is all very aware of what's happening at the national and local level and you know our police officers are employees of the City of Albuquerque and I think sometimes people forget that and there's this division of you know us versus them and they've been working hard on community policing obviously we're going to have to work harder and we're going to have to look for other strategies because there's really a healing that's needing to happen not only in in Albuquerque but in our country and you know I just you know I just hope that we can find that balance that councilor Benton talked about and you know I I last night I I went to bed thinking you know we were making progress by having a peaceful demonstration and this morning people who probably weren't even involved in that demonstration we're doing things that were unfathomable to our community and I you know we just we can't tolerate that and we also can't tolerate just you know the fact that people are you know pointing the finger at the police either because the police are just reacting to and yes there has been a history but if we don't start looking at the future and mm healing how can we have hope and that's something that we need to have we need to have hope for our community so I look forward to meeting with the police and seeing what kind of strategies and not remembering that their hands are tied as well through the DOJ thank you Thank You counselor and I'll take that in mr. al maybe I'll follow up here and we'll hopefully bring this part of this conversation to a close and open up about other stuff but let me say this you know I I have the chance to have a conversation with with Miss McGill over at the black leadership council today and she reminded me of an old organizing saying that I haven't heard in a while that real change happens when these moments become a movement and I think that's what we should be building out of this and that's what we've said we wanted to build for a long time as a movement but I have to say quite frankly I'm I'm tired of watching says a former police officer who you know I worked in DC for a long time where we don't a lot of protests we deal with a lot of these issues and quite frankly it was the rising shootings and issues with APD that really convinced me at the end of the day to run for city council five years ago now because I didn't think the old administration was doing what needed to be done I'm tired of seeing these same moments like Eric garner and George Floyd but in Albuquerque we've been trying to make space for that change I appreciate what the mayor said today mr. rial your comments were very particular and employment and personal today and I appreciate that like we welcome those protests and the mayor said this we welcome protests we welcome community we welcome criticism I want to see fewer politicians quite frankly I want to see more police officers marching and kneeling and talking to community members and fewer of us I want to see more of those folks standing up find a microphone and fewer of us doing that but we are not going to let a few agitators employ violence to remedy and justices of violence and in this city we absolutely will not that is that is a core foundation of what we are trying to do these damage we're seeing to people and to our communities in the International District from downtown is not Albuquerque it is not the way we do what we want to do and it is quite frankly not being led by the the destruction is not being led by the real community leaders who are working for the right things and so I want to in there mr. Rael by asking this sort of what are the next steps to capitalize on this these moments to build the movement we need again I know the administration has been talking I have talked that the Chiefs and you and the mayor more in the last couple days than I have in the last few weeks about these issues I know there's a new role for a number of we're working through the office of equity inclusion and the black Leadership Council and some Neighborhood Association group to bring some young men of color together to talk about some of these issues again so my question are - can you talk about next steps in terms of dialogue for the community that the administration's moving on I think that includes the human rights board and also if you know can you give us an update on the mayor's violence interruption project I know that was something was highly touted last year as a way to engage our community with police and dealing with these issues and discussions with our community groups I understand that that project hasn't gotten off the ground yet in the community engagement side and I wonder what it would take for us to get that in place a little more mister president and members of the council thank you for your comments first and foremost let me just say that the moment of if you will moving forward is really all about us having the dialogue with the community in a more meaningful manner as you know councillors we established the office of equity and inclusion to begin to have a real heart-to-heart conversation with members of our community that have often felt either not part of what we're trying to get done at the city or have been left out just entirely because of different approaches to policing in our community throughout the years the office of equity inclusion is is reaching out to a lot of these groups in our community and will continue to have the conversations about lessons learned from particularly from this situation but also what we can do to create a better communication if you will between our Public Safety Department the APD office if you will our public safety organizations - to begin to bolsters the the community to come out and to be part of the solution a lot of activity needs to happen part of the mayor's quite frankly presents yesterday as the center of peace and justice was to have that conversation and to continue to urge our members of our community that felt left out to join us - to think about how we do community policing in a way that involves our neighborhoods that a way that involves some of these groups that that oftentimes their voices aren't heard and we will continue do so I know that today miss nya and and Michelle are director of equity inclusion reached out to some of those members of the community to begin that dialogue and to learn for example what was what what is going on tonight are they part of this process what can we do to help make sure that APD does a better job of protecting them but also how do we do a better job of ensuring that that violence is not part of the equation so we'll continue to do that I would say you all have a strong voice as well you won't have a lot of contacts with a lot of these the community members maybe in some ways better than we do in some fashion because of your continuous outreach and your involvement in your respective districts so having you all be part of that and giving us information about groups out there that feel what they need to be part of the solution is is important as it relates to the to the violence intervention program I will have to tell you that I probably would need to have Sarita give you all a briefing on that she is much more up to speed on on that since the APD Police Department reports directly to her but I will convey the message and have a reach out to you all thanks mr. al yeah and I'm sorry to throw that at you I realize this time under your your bucket and it's certainly one we could do for the next meeting but we had a good presentation as I recall at a city council meeting about launching it and it's probably a good time to get this do a follow-up so counselors at this point I think we'll call that sort of open floor at this point for any other administration Q&A questions we're also watching our clock today but I don't want to cut anybody off councillor Harris I see you have your hand raised and so we'll go to you and then ask for final Q&A questions for the administration and then we'll move to the agenda Council Harris yes Thank You mr. president and my audio wasn't working at all my computer so sorry if I'm missus is already asked and answered but I heard that there were essentially two protests one unruly and unlawful or one of the peaceful and lawful tell me what is what research or investigation has been done to see I thought if the unruly and unlawful the violence and the cordon and all that stuff was that actually organized and reserved from out of town influences that kind of content that happened I mean what do we know about that mystery out mystery all we need to take you off when you bring your mic back online again are we on now can you apologize mr. president councillor Harris there were two a very distinct protests yesterday one was a very peaceful one that was held up at the the University and was very well attended and for the most part people were very very sympathetic and gracious with each other and and they marched down Central Avenue all the way to 8th Street at a street they had a little if you will another folks some folks talked et cetera and then the March moved back up central towards the University and and pretty much this first right around 9:00 or so no civil unrest it was all very well done it wasn't not too late in the evening and past twelve o'clock really where other groups began to organize different pockets of Central Avenue and started creating a lot of disturbance if you will by breaking windows and doing other unlawful activities including at some point at least some at least some shots were fired which really created a very unsafe environment what we don't we do a PD is now in the process of reviewing all of the surveillance all of the video and touching base with the respective agencies State Police FBI and others to get more information as to who and who the members might have been that were part of the group that came out late at night but now we've seen this happen not twice we've seen it happen last night and several days ago again it happened after midnight so there's clearly some agitators that are part of this group don't know whether they're from out of town or whether they're from Albuquerque or or wherever but APD is doing some reviews of that and looking at surveillance along with the FBI and we hope that we'll have a better handle of that situation as the next coming days approach councilor Harris yeah if you could just keep me informed about that investigation is because it is very disconcerting it sounds like in other cities they did a better job of blending in and co-opting the protests at least it was silver lining it's that it's very clear that he's organized important you know grassroots effort it seems like to some toilets organized efforts to break the law and to make Albuquerque looked at as to do damage and I hope that we pursue that folks I'm hoping that you spoken okay Thank You counselors last call for counselors for any other questions for the administration on any topic hearing none we'll move on to Vice President Gibson for the journal Thank You mr. president a motion for approval of the May 18th Journal thank you in council Busan has the second as a reminder counselors will use our raise the hand button and zoom just do that and Thank You counselor Busan for the second seeing no discussion following the Attorney General's guidance miss Ortega will you take the roll call vote for the approval of the may 18th drum cancer center yes counselor Benton yes come to Pena chan I'll put excuse counter pass on yes Canterbury go yes that's her Davis yes that's her Gibson yes counselor Jones yes dr. Harris yeah and that carries unanimously with counterpane an excuse for the moment Thank You mr. tikka for communications and introductions counselors are there any changes to tonight's letter of introduction first I know of counsel Borrego and counselor gives it Thank You mr. chairman oh that the rules be suspended for the purpose of plexy car 57 on tonight's agenda for final action r57 is adopting city policy to out allow for the establishment of parklets councillor Gibson I thank you as the second for that councilors any discussion seeing none we need two-thirds of councilors present to vote in order to place it on tonight's agenda for final action miss Ortega councillor Sena yes counter Benton bouncer Pena yes counselor Poisson yes councilor Borrego yes councillor Davis yes councillor Gibson yes councillor Jones yes councillor Harris yeah Thank you Thank You counselors council Borrego and Gibson we're back to you on Oh 16 so Thank You councillor I move that the rules be suspended for the purpose of placing Oh 16 on tonight's agenda for final action of 16 is adopting the temporary outdoor dining ordinance authorizing temporary amendments to site plans for existing restaurants to allow for outdoor dining for the duration of the current public health emergency establishing a permit team in councilor Gibson I take your second for that as well I see several others as well thank you councillors miss Ortega two-thirds of the councillors being present being required counselor Sena yes councillor Benton yes councillor Pena cheesy yes okay come to pass on yes Canterbury go yeah councillor Davis yes councillor Gibson yes councillor Jones yes councillor Harris yeah thank you Thank You councillor side carries unanimously councillor Benton for our 59 councillor been we're not able to see you or hear you and so while we're getting him reconnected I'll make the motion then move that the rules be suspended for the plate purpose of placing are 59 or tonight's agenda for final action are 59 directs the administration to create an active streets initiative to facilitate safe socially distance outdoor recreation and active transportation do I have a second Thank You councillor Harris councillors any discussion and we'll work to get councillor Benton back for that vote but in the meantime miss our take it to 30 councillors house for Senate yes councillor Benton waiting on him councillor Pena counter Busan yes Canterbury go yes bouncer Davis yes councillor Gibson yes counter Jones yes dr. Harris yeah thank you than that motion passes counselor Bassano 20 Thank You mr. president I move that the rules be suspended for the purpose of introducing Oh 20 and placing it on the June 15th council agenda for action Oh 20 is approving a project involving OBT see warehouse LLC pursuant to the Local Economic Development Act and city ordinance to support the operations of O BTC warehouse LLC a business operating in Albuquerque authorizing the execution of a project participating agreement and other documents in connection with the project a councillor Brisson and Thank You councillor Jones for the second councilors are in your discussion on that item seeing none mr. Ortega counselors Denham yes counter Benton with you on yet no councillor Pena counter pass on yes thank you a councillor Cassano 21 Thank You mr. president and he suspended for the purpose of introducing Oh 21 and placing it on the June 15th council agenda for action Oh 21 is approving a project involving vibrant corporation pursuant to the local economic development act in city ordinance to support the operations of vibrant corporation of business operating project participation agreement and other documents in connection with the project thank you and councillor Jones thank you for that second miss Ortega councillor Sena yes councillor Benton um yeah councillor opinio hon yet counter Busan yes Canterbury go yes councillor Davis yes councillor Gibson not on councillor Jones yes councillor Harris yeah thank you so next up we normally have councillor Pena but she's working to rejoin us here and so I'll make the motion everyone go ahead count sbrega did you have a question are you a second I was gonna move the bail counselor oh go ahead if you want to do it for a move r64 okay I I move that the rules be suspended for the purposes of placing our 64 and placing it on the June 15 council agenda are 64 is it just seen fiscal year 2020 appropriations to provide needed equipment to small businesses to implement public health emergency guidelines related to the Cova 19 pandemic thank you and I'll second that motion Thank You council Borrego council Busan I apologize I'll come back to your other one as well miss Ortega will you take the roll call vote on our 64 yes Cancer Center yes come to Benton yeah come Oh arias okay counter Pena not yet counter the Sun yes Canterbury go yes counter Davis yes councillor Gibson yes councillor Jones yes counselor Harris yeah okay eight-zero thanks counselors and I apologize we're having some weather issues in the valley we're happy to have rain but sometimes that makes this a little harder for folks working from home so in councilor Busan I'm sorry I skipped you oh no 22 do you have a motion on that item you know Thank You mr. president suspended for the purpose of introducing Oh 22 and placing it on the June 15th council agenda for action Oh 22 is approving a project involving a AGL technology incorporated per salute to the Local Economic Development Act and city ordinance to support the rehabilitation and operations of a manufacturing research and development facility related to gunshot detection systems located in Albuquerque authorizing the execution of a project participation agreement and other documents in connection with the project thank you and Thank You councillor Jones for the second any discussion hearing none mr. picker for the roll call councillor sanim yeah councillor Benton yes come to Pena councillor Poisson yes Canterbury go yes thank you counter Davis yes counselor Gibson yes cancer Jones yes Chancellor Harris yeah thank you Thank You mr. Tager I move that the rules be suspended for the purpose of placing ICI 78 on tonight's agenda for final action EC 78 is approval of the first supplemental agreement to add monies to the FY 2009 legal counsel services between atler law firm in the city and Thank You councillor Jones for the second any discussion seeing that miss Ortega for the role Cancer Center come to Benton yes come to Pena counter the Sun yes Canterbury go yes counselor Davis yes counselor Gibson yes counselor Jones yes counselor Harris yeah counselor Pena we're taking a vote for beat action for EC 78 I believe you just joined us today yes yes thanks but fix me I think it worked thank you welcome back Thank You mr. Tager lastly I make a move that the rules be suspended for the purpose of pulling ec's number 32 33 34 38 50 54 57 58 59 60 3 and 77 with apologies to the closed caption technician out of the finance and government Operations Committee and placing them on tonight's agenda for final action all EC's providing various routine reports to the council when we get to the consent agenda counselors if you have any interest in hearing more about any of these items you have the opportunity to pull them off consent for discussion as always to have a second Thank You councillor Jones miss Ortega Cancer Center yes cancer Benton yes cancer Pena yes yes counselor the Sun yes cancer Borrego f transfer Davis yes counselor Gibson yes counselor Jones yes counselor Harris is it yes yes thank you Thank You counselors any other amendments or changes to the letter of introduction seeing none counselor Gibson or a letter of introduction as amended Thank You mr. president and thank you councillor Senna for the second on this one I'll take that mr. Gaeta councillor Senna yes councillor Benton yes count opinion yes come to the Sun yes Canterbury go yes counter Davis yes that's what Gibson yes counter Jones yes Chancellor Harris thank you and that item carries Thank You counselors and reports of committees there are none tonight for deferrals and withdrawals we have a list of these as well and then we'll get to our action items we'll begin with councillor Harris looks like we might have lost counselor Harris for a second and so I'm gonna do it for him I'll move that we defer EC 436 which is the Tony Sanchez Drive right away vacation until August 3rd I'm counselor Gibson and Jones for the second unis discussion and councillor Harris I think you're back with us or you're okay with that I think that was gonna with your motion okay he consents so miss Ortega when you take the counselor center yes come to Benton yes cancer Pena yes cancer Poisson Canterbury go yeah counselor Davis yes counselor Gibson yes Cantor Jones yes counselor Harris yes thank you thank you all councillor Harris if you're back with this do you want to do in one let's see let me pass on that because I I'm still a little bit disorganized here with every technology that's okay counselor I believe you were gonna make a motion to defer item m1 which urges the US Congress to amend the trail system to designate the route 66 National Historic Trail I think you were deferring until August third if that's right yes we can have our people and your people tubes I think your co-sponsor on that mr. president so yeah so we can have people down there who support us yeah I move a deferral in telling us they're great and as a co-sponsor of this second to make it easy miss Ortega Cancer Center yes cancer Benton yes cancer opinion yes counselor pass on yes Canterbury go yes cancer Davis yes counselor Gibson yes counter Jones yes counselor Harris yes thank you Thank You counselors we appreciate it next up is our consent agenda counselors are there any changes to tonight's consent agenda going once going twice seeing none madam vice president you have a motion mr. president thank you in a second from counselor center thank you miss Ortega counselor Sena yes counselor Benton yes counselor Pena yes answer the son yes counselor Borrego yes counselor Davis yes counselor Gibson yes cancer Jones yes counselor Harris yes thank you Thank You counselors next up we have announcements counselor Gibson fgf yes Thank You mr. president the finance and government operations committee meeting that was scheduled for Monday June 8 is cancelled Thank You counselor Jones madam chair Thank You mr. president there will be a land-use planning the zoning committee meeting held on Wednesday June 10th 3:00 p.m. via zoom video conference mr. chairman councilor Benton if you can hear us say mr. president I move the rules be suspended oops on the wrong piece tonight leave you had an announcement about the Public Safety Committee meeting on Monday jeff public yes the Public Safety Committee meeting scheduled for Monday June 8th is cancelled Thank You mr. chairman any other announcements from counselors hearing none next up would be public hearings in this matter it would be AC 20-1 before I proceed in this item I want to recognize council or Senate who has an announcement if you mr. president I am recusing myself from this matter as I have prior involvement this issue prior to my position in Council Thank You captor Senna and miss Ortega Deshmukh admission that counselor Senate has refused and I'll make a motion to defer until August 3rd the matter of AC 20-1 seeing counselor Jones with a second any discussion hearing none all those in favor vote yes yes yes can strip a son yes Canterbury go yes counselor Davis yes that's for Gibson yes counselor Jones yes counselor Harris yes thank you Thank You counselors next up is approvals counselor Gibson EC 74 Thank You mr. president I'm going to move of approval for EC 74th mayor's recommendation of m rrw M landscape architects for landscape architectural consultants for Los Altos Park renovation thank you ma'am and councillor Hassan I'll take yours as the second councillor gets it on the motion on the bill okay I just want to read him for the record something I'd like to thank the DMV and Parks for getting us to this point you know we sold the bonds we lost your mic just a second did you reset it on your side is this better I can hear you counselor Gibson okay I'm back sorry thank you no my apologies uh so I just want to thank both the DMD and Parks and Rec for getting us to this point we did sell sell the bonds on these way back in October and we finally got an RFP out in a March March or April this blitz alone oh right in in March because the close date was April 1st so and so this is there's been a lot going on this is a very complicated very complicated project with a lot of really large important purse but I just want to read in the record that part of part of what's been happening just lately has been some work on the Director Montoya's part which I'm very grateful for and he has been in contact with more O'Riordan and they have agreed to designate Bryan Berardo as a project manager for the Los Altos Park renovation in addition mr. mark Moscow along with a senior project manager will assist mr. Anthony Villanueva for DMVs part in managing this project all parties have agreed to required public meetings as well as smaller meetings very important meetings with subject matter experts which typically include the people who will be main users of these major park elements like the softball fields and in the BMX pumptrack so it's very important that those people are consulted with them and we have a plan for that the last thing I want to say about this is that there was only one responder to this and for a contract of of this magnitude I think that's problematic I think I think that and I don't think there was any intent at all but there's been a number of things that have come to light in getting this RFP out and getting responses back or response back and I understand there are some very you know very strong laws on this a federal level and I believe at the state level as well but that notwithstanding I believe that there are things that we can do and and stay within the confines of the law to encourage a more competition in bids of this sort I think would be good for the city I think that we would you know get a better value for our dollar just if there are you know more you know a healthier competition and again I'm not laying any blame or anything it's just a few things that did come up that I would really like for us to look at so I'm going to be probably working with staff and in the DMD since they're the ones he's the department that he's go through and looking for ways that we can encourage competition that's all I have to say so I I do or just report for this so we can get this moving forward thank you Thank You councillor Gibson well said and councillors any other discussion or comments from the administration going once going twice seeing none the motion on the floor is to approve EC 74 miss Ortega we take them all dr. center yes dr. Benton yes that's her opinion yeah counselor pass on yes Canterbury go yes counselor Davis yes councillor Gibson yes councillor Jones yes Chancellor Harris yes Pasadena miss you thank you ma'am and councillor Gibson you're up on the first final action Oh 13 Thank You mr. president Oh 13 is amending 12 - 13 - one of the city charter article 13 sections 4 5 9 and 10 of the city charter and various other articles to modify the frequency the board of ethics must meet eliminate the board of ethics required reports submitted to the mayor and the council in the need for the board to contract with outside counsel to write advisory opinions and several other changes I'll move a do pass thank you and council Busan has the second thank you very much and so councillors will clear the board any questions on this item Oh 13 amending the city charter for the Board of Ethics and other items going once I'm sorry mr. rial I think you have a comment and then I do believe we have a floor so as well in there yes but Mr way I'll go ahead before we move that floor so that was my reason for interrupting I apologize but wanted to make sure we did the floor step and we do need to hold this over till the next council meeting as per the approval process yes sir thank you for reminding me and our staff on this side all sort of did all the same at once as well so thank you for everybody keeping me on line councillor Gibson I believe you have a floor sup yes I do sorry about that so I will move the floor sub 4 o 13 which is in your iPad's and councillor benton i believe you second of that earlier if that was right and so I take that one from there we go thank you questions on that item councilors any discussion seeing none and we need a vote on the floor sub miss Ortega come through Center yes come through Benton yes cancer pena yeah come to the Sun yes Canterbury go yes counter Davis yes councillor Gibson yes councillor Jones yes councillor Harris and mr. president I'll move deferral on this as substituted to June 15 thank you ma'am see no other discussion and a second for counselor Hassan miss Ortega for the boat on the deferral till June 15th contra Sena yes sir Benton yes counselor Pena yes come to Busan yes Canterbury go yes counselor Davis yes counselor Gibson yes counselor Jones yes counselor Harris yes Thank You counselor Gibson you did such a great job in the last one we'll let you do the next one our 51 all right Thank You mr. president our 51 is approving the first amendment to the resolution approving the formation of Winrock town center tax increment development districts number one and two I move a due pass and a second through councillor Jones councilors any discussion on this item for r51 seeing none all those in favor of oh yes miss Ortega Cancer Center yes cancer Benton yes cancer pena yes cancer the Sun yes cancer Perego yes cancer Davis yes that's what Gibson yes counselor Jones yes Chancellor Harris yes thank you Thank You counselors next we'll go to those counselors from the far northeast parts of the city counselors Busan and Jones r54 Thank You mr. president hi regarding resolution 54 urging the New Mexico Department of Regulation and Licensing to provide a method for temporary expansion of liquor service areas for restaurants and bars establishing policy for the city to similarly authorize such expansions through its local option Authority and move a do pass thank you ma'am and I see councillor Jones as the second so now back to the councillors for discussion or questions councillor Borrego has a question on councillor Poisson aisle deferred if you want to explain the bill first or just go to questions yeah mr. president I'll explain just briefly real quick because just in case that might help but this is this is saying that for businesses that do have an existing liquor license that they can apply for a special use permit which is something for example like with Summerfest when businesses that already have our liquor license can get this temporary use permit so that they can go to a different location temporarily in order to sell alcohol from their business so this is saying that they could do that in their parking lot which kind of goes hand-in-hand with some of the legislation coming up this evening and it would authorize it urges the state to go ahead and it encourages them to say yes they will go ahead and offer and approve these permits the permit applications and then if that says you know if the state does that it will also then say that the city will go ahead and make sure that these businesses get these temporary permits out so that they can expand their floor print in order to be able to sell alcohol for their premise and their business hopefully getting more space given the limited circumstances for occupancy you know they all have to still abide by the same laws that they did before this doesn't change any of that and it would last only through the public health emergency that's been ordered councillor Jones or councilor Borrego and whatever you'd prefer and I want to counsel Borrego I saw you removed your hand I thought maybe you were seconding but if you had a question and went ok great thanks and then counsel Jones do you want to explain or follow up before we go to questions I just want to make sure that everyone understood what counts with the sunset and that was this would be subject of course to approval from the state that the city can't give me something wrong so it has been set up very comfortably so to give a best shot we can and help you so much it's more of these small businesses that are in such dire need of assistance from Thank You counsel Thank You counselors and I have a question not seeing any others I want to go to mr. Melendez really quickly on this item and I know mr. Melendez you were doing some research on this but I sort of have two questions and I just want to be sure we have another item coming up a little bit later which is o16 that relates to temporary outdoor dining and expanding the footprint and so my question I think is would this be necessary if permitted licensed liquor licensee were to expand their footprint under that other ordinance if we passed it and number two if we did create a temporary process or expand the temporary process under our 54 is that those would still have to go through miss Montoya in the City Council office through the regular liquor hearing permit process is that right mr. president yes to answer your first question about the relationship to Oh 16 the city has you know general its general land use authority applies when a restaurant is talking about where it's going to locate in one area it's going to serve food within however when a restaurant also serves liquor the floor plan within which they are permitted to sell liquor is regular not only by the city through the city's Local Option authority but also by the state of New Mexico alcohol and gaming division under the regulation and licensing department and that floor plan that liquor service area is not always coterminous with a dining area in many instance it is but not always so to the extent that the city authorizes through its general land use and Health Safety Authority the expansion of a dining floor area we do not have as a city the authority to also contemporaneously expand the liquor service area that is something that has to be done through the state of New Mexico and through the city's Local Option authority and so to answer the second part of your question the state alcohol and gaming division put out some initial guidance just last week that we received in city council services and it is proposing a process to allow these temporary area expansions of liquor service areas in the process that is laid out there is that the city would review those through whatever process it puts in place and send those approvals or not for those floor area expansions to Santa Fe for the alcohol and gaming division to review that and determine whether or not it's appropriate for that flurry or expansion as well so the process that you described going through Dona Montoya who's the lead staff person in our office for these types of permits is is accurate the request would come in and they would be reviewed by the liquor hearing officer with the input from the fire department the police department environmental health and city zoning and the idea is that those requests would have some overlap with what the city may have already approved as expanded dining areas and if so it would give the city an opportunity to hopefully do a little bit of an expedited review to send those up to Santa Fe so that all of the complete dining services can be expanded consistent with the city's goals of authorizing that in response to the code limitations thank you and then so I want to ask miss Yara just for the record just to keep Dee here up here and then we want to move on through this miss Yara and then I see council burrito has a question as well I don't miss Yara as mr. Melendez said these applications was thought to go through the city process which is managed through the city council office does your staff have the capacity to manage these extra permits and it have you already been working with the state to figure that process out mr. president yes actually miss Montoya and our office handles all the liquor licensing and she has already started working on the process with the state along with mr. Melendez so we're pretty close to having that information that she can use if if these applications become to volume two too many of them I we do have other staff capacity and we can start cross-training other people so I don't think it's an issue as far as capacity great Thank You councillor burrito Thank You mr. president I was just wondering if the these sponsors of these bills have talked or have looked at our how this would impact our DWI issues that we have in the state and if there's any any discussion about that and whether or not I mean I I pulled some information just off of the Internet and I find that Bernalillo County and McKinley County have the highest numbers with 33 and 11 respectfully and New Mexico ranks as the fifth in the nation and that's according to KRQE five months ago so I'm just wondering what what your discussion is or if you you know have any any evidence that you know this is and I and I sympathize with the businesses but I I am a little concerned so I need to be convinced a little more I guess I'll throw that back to the sponsors Thank You mr. president if you don't mind councillor Jones I'll start so council Borrego I think that what you're saying is completely valid and I'd I have had several discussions it is something that has has been thought of and I think that the main point is to to make sure that it's very clear that this is not to say that people will be able to still get served while in their vehicle this is just saying that it's expanding the floor print of a business so that if they have 50% occupancy their parking lot similar to what's being in your ordinance would be used fenced in and used with tents and and other safety protocols with also having you know people still needing to get carted following all the same laws still being served the same amount that is legal nothing's changing in that wreck this is not to say that this is turning into a drive-through service it's just basically allowing for the liquor service to now be served at these restaurants that are normally serving it inside of their parameters while still following all of the same rules and regulations from before I can't hear you counselor barranco council prego could you reset your mic on your side sorry can you hear me now yes ma'am okay we have a quite a storm over here on the North West Mesa so the bill I guess is urging the state to to allow this process is that what I'm understanding and so if we vote on this all we're doing is recommending to the state legislature or are we recommending to the Department of alcohol and gaming so it's two parts and mr. Melendez can maybe clarify it as well but it's it's urging the state for approval which is something that we just you know that we've learned that they are already working on but also then the second part is saying that in the city of albuquerque that then the approval will be made because because it's twofold am I missing anything key there mr. Melendez mr. president can service on no I don't think so I think that's correct it's it's a the city shares authority for this decision with the state and it's urging alcohol alcohol and gaming as you mentioned and then giving direction to our liquor office which is housed in City Council as to what is expected with respect to these and importantly the bill articulates that none of the health safety standards within the current liquor control ordinance would be waived with this it would only be the temporary expansion of a floor plan to correspond with the limits that are being imposed on the normal liquor service area indoors but all of the requirements of the of liquor service would have to be abided by correct mr. president and a council Borrego yes as far as the city part of it the or is clear again that when the liquor hearing officer reviews these the same health safety considerations would be made as are made for other temporary liquor service areas in the city next up I see councillor Jones and then councillor sent us a council Delta Thank You mr. president I think mr. Melendez gave me the easiest explanation for all of this and it says this will not result in a net larger liquor service capacity it's only allowing more geography because people have to be spaced out I think that's the number one thing to say right Gary is not going to have more people who can be in the facility it's only saying that they have to spread out so we're going to provide timpz or whatever to make that possible I think that's a very simplistic way to see Thank You principal Thank You Cancer Center Oh Thank You mr. president my questions for the sponsors is really I know in the other resolution there's kind of a layout as to what is the boundaries and guidelines to those areas so I'm just curious for this resolution does it really go into mention you know will it be a certain fencing off because I know during summer summer us events for example you know it's a certain enclosed area no minors are allowed in that area there's a lot of restrictions and guidelines does that does this resolution touch on that and also does it you know provide those guidelines to businesses if they do want to expand and is there a sunset to say that this ends as soon as we are over a public health emergency yes mr. president and councillor Senna there first the easiest one in that is that there is a sense and it is stated in the resolution that this is for that during the public health emergency order you know and as far as the same kind of parameters that were introduced in the their upcoming resolution and ordinance this is one that says that they can they content in they can go ahead and fence off but it also has to be in conjunction with what Planning recommends and what they are allowing as well with making sure that they're not just fencing off the entire parking lot so that people can't still have somewhere to be but it's following all of the other guidelines that already exists and again Chris mister Melendez if you don't mind if I missed anything with details with that I would be grateful for you to clarify mr. president councilor Busan I think I would only just point back to the city's liquor control ordinance and that has a test in it for what's appropriate for a liquor service area that would be applied to this and the way that that is determined is based on an evaluation by various city departments including the Albuquerque Police Department the Albuquerque Fire Department the Environmental Health Department and the Planning Department so amongst those if any of those review entities were to make a determination that because of fire capacity because of exits because of parking requirements because of other health safety issues that have proposed service area was too large then that would impact the outcome and would likely result in a denial of the permit with respect to determination this resolution does say that this concept would end when the occupancy limitations under the public health emergency end one but perhaps more forceful the guidance that the state of New Mexico put out sets a sunset on these types of approvals for October 31st so it's a firm date and unless that is amended by the state regardless of what the city does they would terminate hard on that day thank you and next up well I see councillor Gibson and then councillor Borrego then we want to go back to the sponsors to try to close because we have a number of other items and related to this and we still want to watch our 7:00 o'clock time plan if we can so we'll go to councillor Gibson first and then councillor great councillor Gibson could you activate your mic on your side please I said wind by now sorry Thank You mr. president I just want to say that I really like this I think this is uh this goes really well with what we're trying to do and giving restaurants opportunity to expand our dining area and to carry the experience that they would have had you know sitting indoors and outside you know in an in an area that that they're controlling so I will enthusiastically support this also I just want to make one observation that councillor Jones is actually sponsoring a bill that starts urging I don't think I've ever seen it happen before so congratulations for that thank you these are special times indeed council Borrego did you have a follow up here are you okay yeah so my follow-up question and maybe this is for Chris so are we by by doing this are we pre-empting the state and what they're doing in terms of trying to you know there are they're already working on this so I'm just wondering if or we're just urging them to continue that or are we hunting them mr. president councillor Borrego no you know the as a technical matter the city really doesn't have the authority first of all to preempt estate not in this regard but the liquor office City Council Services Department has been working and does work really closely with the alcohol and gaming division and those two agencies have been in contact over this issue quite a bit over the past few weeks and so I think they're but from what I've observed there appears to be a lot of joint effort and maybe sort of some symbiotic kind of momentum there I think that the state after after this resolution was introduced the alcohol and gaming division did come out with its initial guidance and it appears completely consistent with what this resolution is urging and so I don't think that I mean it can't make that department do anything but to the extent it's of any value for the city to say that it concurs with what they're doing that's helpful I think if that's the policy wish of the council and also to give your liquor or hearing officer some guidance on what your expectation is on how to treat these and that's those are the two things that this resolution we do and the reason I asked the question councillor Poisson and councillor Jones if I have a liquor license certification and I'm just I just want to be sure that what we're doing is following the rules within the existing guidelines of the state and that we're not you know sort of jumping the gun in terms of what they're already trying to do and so that's why I ask the questions Thank You counselor I see councillor Harris and then we want to go back to the sponsors to close answer Harris Thank You mr. president and one one question I have is it's great that we have these great intentions it's great to be passive today and the mayor of signs of tomorrow that's all fine and good the concern I have is that the sort of the inertia of the bureaucratic inertia of the city these restaurants have been closed for going about three months now and if they're going to give them something I could inject some hope and inject some life and it's going to take a two month process of going through a hearing and one of the the words I heard mr. Melendez said which made me become very kind of frightened about all this the liquor license hearing officer well that's real nice so we've been a fast this wonderful resolution and then we're going to bond on a red tape and put the license hearing officer ISM and applications and fees and all this junk so how quickly can we expedite these things and the emergency powers that we gave them there how quickly can we have our liquor license here hearing officer here these things can we do expedited hearings because frankly not just to be I think this'll the resolution will be worthless of bureaucratic red tape kilter mr. president I think I can offer a couple of comments that may be relevant to to councilor Harris's comments so the the City liquor hearing officer does hold hearings for some licenses for permanent licenses for permanent floor plan expansions for what are traditionally known as special dispenser permits which this resolution is analogous to those types of approvals do not require hearings and they're actually relatively expedited and relatively affordable whereas a liquor a full liquor license to serve you know liquor for perpetuity at a location does require quite a bit of process a temporary approval is not quite as much and so that's I think one of the important aspects with respect to the sunset of this is its temporary nature and because of the temporary nature if the council were to pass this and determine that this is a good idea these would be handled pursuant to the rules for temporary authorizations for liquor service and again those are relatively expedited our office can usually turn those out in just a few days they do not require a hearing or even an appearance before the liquor hearing officer the process is that the city would receive a request I've spoke with with our staff earlier just today for a process to receive those requests once those requests are received they are routed simultaneously to the various departments including AFR APD zoning and environmental health there are staff members in those offices who are used to receiving these and understand that they are somewhat time-sensitive I think again with respect to the O 16 ordinance which all of those groups are also going to be reviewing hopefully that will build capacity for those groups with respect to these individual requests so that they'll be ready to review and make a quick determination as to whether or not they have any safety issues but those can turn around pretty quickly once those comments are gathered the hearing officer is notified that those comments have come back and to the extent that they are all approval then it requires just a simple signature from the hearing officer and that happens through accumulation of these and a distribution of those to the hearing officer for a signature that process you know takes just a few minutes of review for each document so it would not be a particularly long review I think the nice thing about this approach is that it follows a pathway that is already somewhat established although these are unique circumstances that it's being applied to yes now would it be helpful or possible to amend this ordinance so that it's also governed by the the emergency procedures actually that we gave the mayor expanded powers about get these things through if something gets kind of bogged down someplace mr. president so the counselor has so to the extent that the council wanted to delegate the authority under the its Local Option authority to the mayor under the emergency procedures civil emergencies ordinance that the council recently did that's something that that I think could be discussed however this this resolution would simply just take advantage of the City Council's current processes for these and this process has always been housed within City Council in order to make these types of determinations so I think it'd be a little bit unprecedented for the council to delegate its Local Option authority that is something that is exclusively held within the authority of the governing body but that is something that could probably be looked into further wondering if there's anything that we can do you know you used some things which and I and you're giving us good advice and do you think like a relatively you know streamlined process a language like that which indeed times relatively streamlined could be a week or two in ordinary circumstances so I don't know how we ensure that this really does that if these restaurants really can get something turned around in a day or two mr. president councillor Harris I think the the time issue I think involves largely and how quickly the various city departments can review so this resolution doesn't particularly urge you know no zoning and etc to have an expedited timeframe I do get the sense that a lot of these departments are pulling in the same direction under the administration's guidance to to act quickly with respect to these issues because of the the economic implications but perhaps some encouragement from councillors to the administration to get those reviews done quickly would be a good place to expedite thank you and so councillors Jones of Busan I think we're back to you for the clothes on this item wait council Borrego I see you one more time but I remind us we've got to be quick about this we've got a couple of other items including yours we need to get to before seven council Brega councillor Breda would you activate your mic on your side I have another question that's really important and so I have and we all have probably places that serve only alcohol and places that serve alcohol and food so is there any distinction regarding that in in the approval process come on mr. president councillor Borrego I do want to just make sure to be clear that as of right now bars aren't even allowed to open its restaurants and bars so you know until the governor decides to go ahead and open that up as well then that's not really only what we're talking about but in addition to that you know this is again still expanding the space and I think that that's gonna help make people feel safer too right I mean they're not going to want to be in tight quarters or you know go to somewhere else if they can actually enjoy having a meal and a beverage or even just a beverage after wanting to get out of the house following all the same laws as before but being able to socially distance properly a according to the regulations in the order from the from the state thank you I can't service on if it's okay we'll take that as a close and I'll let councillor Jones if she has any additional or if you have any additional will let you close I do have just a couple other things I do want to add as a close Thank You mr. president so I just wanted to make sure to point out again that this state this is saying that we're urging the state if they say yes to these special dispenser permits then then the city needs to decide at that point if they want to approve them or not and this would be telling them the license hearing officer to say it's okay to go ahead and authorize these which would therefore expedite the process for all of these businesses if we you know leave it up to some discretion I think that that could take time more time for them and right now even if it's two days to get approved two days is better than no days as far as being able to make sure that this can get passed and and to be able to again have some more opportunity for our public for these businesses for the safety and well-being of people while also again extending the geography we're not saying we're expanding and encouraging more consumption this is to go along with the other other stuff as well that is coming up on her agenda but you know we're essentially I feel like we're crossing some T's and dotting some eyes as far as regulation and helping streamline that process during that and if during a point where time is of the essence for everybody and I think this could really help for all of them in a safe and leave away Thank You counsel John's great seeing no other discussion on that item miss Ortega would you take the roll on item r54 Cancer Center yes come to Benton yes counselor Pena yes counselor pass on yes come to burrito yes counselor Davis yes counselor Gibson yes come to Jones yes counselor Harris yes sir passes unanimously Thank You counselors next up we have counselors Borrego and Gibson on our 57 I believe you have an amendment as well sponsors I'll let you decide who this first Thank You counselor let's see let me get my bearings straight here so our 57 is adopting city policy to allow for the establishments of parklets and I think everyone has the description of what a parklet is and this particular bill is taking the definition of parklet out of the GPM which is the development process manual and allowing basically retail to expand kind of similarly to what council busan is doing and in the previous bill to come in for a permit process they were already working on this and so we just checked that section out and it allows retail businesses to expand with the approval of a site plan and I also have an amendment on this one and let me find my notes here and okay before we take your amendment let's take the motion and get a second on your original motion to approve our 57 counselor counselor Gibson and so now back to council Borrego for the amendment okay so the amendment to this bill is regarding permit fees and eliminating those fees we had talked about a $20 fee and then we decided that you know we should during Hovind we should just eliminate the fee and so the motion for the amendment number one and we have a second from councillor Gibson as the co-sponsor councils any discussion on the amendment is authored by councillors Perego and Gibson councillor Busan Thank You mr. president and councillors I really just I the one thing when I was reading this was the $20 permit fee that you know it just kind of seemed like a sting and then at the same time it is nominal in some ways so I appreciate the mmm and I really appreciate this this bill thank you ma'am any other discussion on the amendment is offered seeing none miss Ortega to call the roll on amendment number 1 capture senem yes hunter Benton yes counter Pena yes answer Busan yes count Abrego yes that's where Davis yes counselor Gibson yes that's Jones yes counselor Harris yes passes unanimously thank you and councillors Gibson and Maury go back on your bill anything further on underlying bill as meant I think that this would help our small businesses and I don't know if councillor Gibson has anything else you'd like to add oh yes actually that I'm really happy to be co-sponsoring with you on this counter Borrego I think that that both of these the resolution and the ordinance that we'll be looking at next are not only going to help small businesses and restaurants get back into business again but it is really going to I think start to normalize as much as we as much as we can anyway our just day-to-day life here in Albuquerque so I'm sorry counselor I stepped on you thank you very much council are seeing no other discussion on that item miss Ortega would you call the roll on our 57 is a bit cancer center dr. Benton yes cancer opinion yes cancer the Sun yes Canterbury go yes counselor Davis yes I'm sure Gibson yes counselor Jones yes that's her harris yes passes unanimously you will counselors work back up congratulations on that one and we'll turn it over to you to do it again on Oh 16 the regulan Gibson Thank You counselors this particular bill Oh 16 is adopting temporary outdoor dining ordinance authorizing temporary site plans for existing restaurants to allow for outdoor dining for the duration of COBIT public health emergency establishing permitting fees and actually I haven't invent on that one also mr. president to eliminate the permit fees and so the previous bill was regarding retail space and this one is regarding restaurants thank you and I see a second from councillor Gibson on sorry on Oh 16 and just to clarify councillor Borrego your motion is a do pass of oh 16 as an emergency ordinance if I recall is that right yes that's correct thank you for clarifying that thank you and councillor Gibson thank you for that second is it okay with the sponsors if we take questions first I see councillor Harris has a question or would you councillor Gibson like to go ahead sir no go ahead wait councillor here's the question since word and I think it's a good idea to waive the permit fees but the cost of these investigations and inspections and so forth I just thought I want to process the administration if they could account for that and put that on the funding can I can i address that mr. president both bills refer to Kovac and so if there are fees or administrative costs that we can recoup I think that because of and I did talk with Sanjay today and he may want to comment if he's around or maybe mr. Royale but both bills refer to the Cova duration which would allow us to at least look at whether we could recoup those fees mr. president and councillor Harris I think the counselor Borrego is correct under the the economic impact of kovat I think the additional costs could be attributed to the cares Act the only other question that might be a relevance here is just how do we defining the end of COBIT simply because none of us know what that is but that's something that we'll have to discuss down the road because obviously we're still right in the middle of it and not knowing where the point when it ends may be a challenge but otherwise the amendment that I think that the councillors put forward is okay with us thank you councillor Harris does that answer your question sufficiently great I see councillor Busan has a question and then I want to go to councillor Gibson who has an amendment that's available it needs to be passed as well the councillor be saw and go have a question councillor Busan will ask you to take your mic off on your end there you go thank you thank you mr. president give him what councillor Harris asked and then what mr. rails answer was would it make sense to change it for the duration of the public health emergency at this time mr. reality of preference mr. president and councillor Busan they may be two different things right the public emergency may be terminated and we may still be dealing with kovetz so it really is the council's pleasure I would suspect that given the nature of this work and the amount of time that it will take that it may be better to to leave it as when koba ends and we come to the council with a policy to change it whenever we all believe that's appropriate because the emergency could maybe be you know managed and the governor's emergency order could be rescinded but we'd still be in some you know some application of this and helping the businesses so it's a bit of a pro-business bill so I would probably not I may be up to the council to make that determination I I think Kepler Gipson may have a an amendment here that might open that we might use to address this as well but council Busan you have any follow-up there or do you just want to see where the conversation goes well also I was going to mention that uh miss Morris is here and I think she she studied there so we might want to hear from her first if true that would be okay mr. president we do have miss Morris here and so absolutely miss Marsh do you want to address that really quickly before we move to the amendment hi mr. chair councillors yes so the bill has drafted references the public health emergency and and defines it as they're the orders being in place about social distancing it does also have Authority in there for either city to terminate early or or the orders to be ended and so it really is at the direction of the city to choose when this would be ended the outdoor dining language involves the bill involves the provision of an existing site plan so that it's clear what is going on on the site prior to this as well as a process in which to undo it when we decide such time that these outdoor dining spaces are no longer appropriate or necessary because I answered the question to a certain degree the bill also with the amendment proposes to bring the fees down to zero and that would be for the lifetime that this bill is in place as as currently drafted counselor Massad does that answer your question for now mr. president answers my question my only hesitation with all of it is just you know I think the the natural worry that anything just slips through the cracks and gets forgotten about for making sure that we and I doubt it will happen but it's my only inclination but that is if we just don't terminate it in a timely fashion when when it's when it's necessary right counselor Borrego I see you had a question and then I want to go back to the sponsors there I know she's passing so we'll go back to for Gibson I believe you have an amendment in the iPads I do this is for amendment number one I guess - Oh 2016 and it's quite a long one there's a lot of small word changes in here but I will go to the explanation if that would be all right this amendment makes minor technical changes to improve the implementation of the bill the edits are from the Planning Department the end its include revising it from the Planning Department to the city for inspections in some instances the fire department has been conducting relevant inspections this revision gives the administration flexibility on assigning the inspection work the amendment also proposes no fee for the permit in order to charge the proposed $20 fee for the temporary outdoor dining area the Planning Department case tracking and permitting system will have to be modified planning has been through this before when they took on the business registration duties and it cost several thousand dollars to accomplish they don't have a current quote from the vendor on how much it would cost to modify the system and they also don't know how long it would take them to schedule the work knowing that the Tod a is intended to be monetary planning recommends that the fee be reduced to zero Thank You councillor and council Borrego is that a second on the amendment great thank you we'll take that will clear the board of hands councilors any questions about the amendment on floor amendment number one seeing none miss Ortega would you take the roll call vote and approving for amendment number one and for counselors who are jumping back in with technical issues who you are on sixteen and approving for amendment number one cancer center yes councillor Benton yes councillor Pena yes counselor Poussin yes counter Borrego councillor Davis yes councillor Gibson yeah come through Jones councillor Harris yes thank you passes unanimously thank you all that I don't care unanimously for the amendment councillors as a reminder let's see we are back on O 16 as amended if there are no if there are any questions please raise your hand and if the administration wants to follow up a team will take yours as well otherwise we'll go back to the sponsors for clothes and we'll try to do this while we have everybody reconnected before the next under storm hits and kicks everybody back off again to the sponsors to close I think urge your support councillor Gibson says ditto miss Ortega councillor Sena yes councillor Benton yes that's her opinion yes come to Busan yes Canterbury go councillor Davis yes councillor Gibson yes councillor Jones yes Chancellor Harris yes passes unanimously as amended thank you all we appreciate that and thanks everybody for working through those tech issues we know that the internet doesn't always work in Albuquerque when it rains but it doesn't rain very often councilman r59 Thank You mr. president I'll move do pass on our 59 directing demonstration to create an active streets initiative it states socially distance outdoor recreation and active transportation opportunities on neighborhood streets during of emergencies and do we have a second Thank You councillor Gibson for the second councilors any discussion on any questions for this item and councillor Benton to explain the bill and maybe to close yes very quickly a mr. president and I appreciate the administration's looking at this if you've been following the news around the country specifically some of the larger cities they have been doing some of these limited closures to just help people get out you know a lot of people are out trying to get some exercise as well taking social distance if you go out on the on the bus gate trail right now um I'd say it's questionable as to look what the social distancing is it's just big this year number of people on on the trail even if you're on a bicycle but so it's it's an attempt to expand only during the emergency the ability to close only local streets and collectors nothing above that classification and we had some discussions with DMD about how extensive these closures can be but we also feel like because we're we're responding to the covett emergency that they would qualify for for the funding that we've received and cares that so I appreciate that I appreciate their their thinking on that but the other aspect of the issue is a lot of our public streets under the current circumstances are really being used for another kind of recreation which I'll call motorized recreation including street racing exhibition driving ways making there might be some opportunities here to to maybe put a dent into that and discourage some of that as well and the bill calls for us to neighborhood associations I think this would be where councilors can come in to get the word out to their neighborhood associations to ask for suggestions as the places that that would be appropriate for such closures we don't see being anything super long spread but it seems like it would be a good tool right now during this emergency so open any questions but thunder outside thank goodness thank you and I'll take a privilege and I'll see counsel Perico for the question but counselor I appreciate you bringing this up I think this is a great idea we've seen this in other cities trying to figure out how to innovate and and make them more attractive say we we've been talking to the folks at the Harvard brick light district by UNM about possibly using that as a demonstration site I think the local merchants there that would love to use that our Creek light night's activities during the summer have already sort of done that on a temporary basis this would be great I think we've all the things on the agenda tonight this is the one I got the most email and input about was the idea of opening up streets for for more activity especially now so I appreciate you working on this and I really appreciate the administration I know mr. Montoya and his folks really worked hard to figure out how you might implement this and it is not always easy to get the city to agree to do something different on the fly but y'all did it and I appreciate it councillor Borrego I see you have a question yes mr. president thank you and I just want to commend councillor Benton for pushing this forward it was one of the recommendations in m20 - - so it's great to see that work we're following suit and we're looking at issues and safe ways to you know keep our our distance and keep people in their communities and I really do appreciate that thank you ma'am councillors any other questions or any comment from the administration we've already said nice things about you but I see mr. RAL is raising his hand so take it while it's good sir mr. president and councillors we like this bill as well we think it's a good use of the public right away but we'd like to ask if whether or not you uh can limit councillor Benton to only one street bill a year I think our staff gave us some comments about that back here as well thank you sir thank you councillors any other discussion or council been to close are your support councilors thank you miss Ortega Cancer Center yes councillor Benton yes cancer pena yes that's a bit Poisson yes Canterbury go yes councillor Davis yes answer Gibson yes councillor Jones yes councillor Harris yes passes unanimously Thank You counselors and next up our last item of business for the evening is approval of our final committee appointments I move approval and I need a second somewhere second Thank You Madame vice president councilors those committee assignments are available in your in pad on your iPad we're part of the agenda miss Ortega would you call the roll please counselor Sena yes come to Benton yes contra Pena yes come to the Sun yes Canterbury go yes counselor Davis yes that's her Gibson yes counter Jones yes counselor Harris yes passes unanimously thank you all and a special thanks this evening to our staff with Julie and crystal and Miss Yarra for helping us figure this out and the staff of cultural services and IT who helped us figure out sort of on the fly of how to make our secure remote location work out this evening for our folks that have the essential staff that have to be here to run these meetings we really appreciate dr. Sanchez and her team for helping us do that this there being no further business the City Council meeting is adjourned thank you all [Music] [Music] [Music]