>>COUN. DAVIS: ALL RIGHT, GOOD EVENING AND WELCOME TO THE 40th MEETING. IT SEEMS LIKE IT'S BEEN THAT MANY. OF THE 20th CITY COUNCIL. ALL OF THE COUNCILORS ARE PRESENT WITH TWO EXCEPTIONS. COUNCILOR JONES IS JOINING BY ZOOM. AND COUNCILOR BENTON WILL JOIN LATER IN THE MEETING BEFORE ACTION ITEMS. BEFORE WE GET STARTED, WE WILL ASK OUR VICE PRESIDENT TO GET US STARTED AND WE'LL GO INTO RULES AND INTRODUCE AND WELCOME OUR PRESENTERS. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. WE'LL HAVE A MOMENT OF SILENCE IN ENGLISH LED BY COUNCILOR PEÑA AND IN SPANISH BY COUNCILOR BASSAN. WILL YOU PLEASE STAND WITH >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. >>COUN. GROUT: YOU MAY BE SEATED. CIVIC PA APPLAUSE APARKING PASSR PROVIDED FOR MEMBERS OF THE PUBLIC. YOU CAN OBTAIN ONE NEAR THE CHAMBERS ENTRANCE. MEMBERS OF THE PUBLIC CITY STAFF AND MEDIA HAVE THE ABILITY TO VIEW THIS MEETING ON LIVE STREAM THROUGH FOUR DIFFERENT PLATFORMS. GOVTV ON COMCAST CHANNEL 16, THE WEBSITE, ZOOM, AND ZU TUBE. THEY CAN BE ACCESSED FROM MOST SMART PHONES, TAB LBTS AND COMPUTERS. THIS MEETING IS CLOSED CONVERSATIONED . >>COUN. GROUT: THE VIDEO RECORDING OF THE COUNCIL MEETINGS AND ALL PAST MEETINGS WILL REMAIN VIEWABLE AT ANY TIME ON THE CITY COUNCIL WEBSITE. COUNCIL STAFF IS AVAILABLE VIA TELEPHONE IF MEMBERS OF THE PUBLIC NEED ASSISTANCE FINDING THE VIDEOS ONLINE. CALL 505-768-3100 FOR ASSISTANCE DURING BUSINESS HOURS MONDAY THROUGH FRIDAY 8 A.M. TO 5 P.M. THE COUNCIL WILL TAKE A BREAK AT APPROXIMATELY 7 P.M. IF IT'S NEEDED. WITH REGARD TO DECORUM, WE WANT TONIGHT'S PROCEEDING TO BE AS CIVIL AND RESPECTFUL AS POSSIBLE. PLEASE DO NOT MAKE ANY PERSONAL ATTACKS AND PLEASE NO APPLAUSE OR OUTBURSTING DURING THE MEETING. THE MEETING WILL GO SMOOTHER IF WE'RE RESPECTFUL OF ONE ANOTHER. AND TO THAT END I WANT TO SAY A FEW WORDS ABOUT THE DECORUM AND RULES IN PLACE. RULES ARE AVAILABLE AT THE STAFF TABLE NEAR THE CHAMBER ENTRANCE IF YOU WOULD LIKE TO GET A COPY. THERE WILL BE ABSOLUTELY NO SIGNS, PROPS, POSTERS OR BANNERS ALLOWED IN THE CHAMBERS. OTHER THAN THAT WHICH CAN BE DISPLAYED DURING THE PRESENTATION. SUCH MATERIALS SHALL NOT BE HELD OR WAIVED THAT BLOCKS THE VIEW OF OTHERS OR CREATES DISTRACTION FROM THE SPEAKER OR BUSINESS AT HAND. ITES FROM THE OVERHEAD PROJECTORS MUST BE MOVED AT THE END OF THE PUBLIC COMMENT. ONLY THE PERSON CALLED TO PROVIDE PUBLIC COMMENT MAY STAND AT THE PODIUM. MULTIPLE PERSONS MAY NOT BE ABLE TO STAND AT THE PRESENTER. THE ONLY WAY YOU CAN IS IF THERE'S A TRANSLATOR NECESSARY. PUBLIC COMMENT MUST BE ADDRESSED TO THE COUNCIL, THROUGH THE COUNCIL STAFF NOT AT STAFF OR MEMBERS OF THE AUDIENCE. THERE'S NO TOLERANCE FOR DISRUPTIVE PUBLIC OUTBURST. THE HANDICAPPED AREA MUST BE KEPT CLEAR AT ALL TIMES. THOSE DESIRING TO RECORD THE MEETING WILL BE DIRECTED TO THE LANDING AREA OF THE LEFT SIDE. THE FIRE MARSHAL WILL ENFORCE INGRESS AND EGRESS RULES SO AS TO ENSURE PUBLIC SAFETY. COUNCIL PRESIDENT WILL PROVIDE ONE WARNING TO ANYONE CAUSING A DISRUPTION. UPON THE SECOND OR CONTINUED DISRUPTION, THAT INDIVIDUAL WILL BE ASKED TO LEAVE THE CHAMBERS AND IF NECESSARY SECURITY WILL BE ASKED TO ESCORT THAT PERSON OUT OF THE CHAMBERS. SUCH REMOVAL FROM THE COUNCIL CHAMBERS WILL BE EFFECTIVE FOR THE REMAINDER OF THE MEETING. IF DISRUPTIONS OCCUR, THE PRESIDENT MAY RECESS THE MEETING UNTIL ORDER IS RESTORED AND IF NECESSARY CLEAR THE CHAMBER. I DON'T THINK ANYTHING LIKE THAT WILL HAPPEN TONIGHT. LET'S BE ON OUR BEST BEHAVIOR. WITH THAT IN MIND, WE'RE MOVING TO PROCLAMATIONS AND PRESENTATIONS. I ASK COUNCILOR SANCHEZ TO TAKE THE FLOOR. >>COUN. SANCHEZ: THANK YOU, MADAM VICE-PRESIDENT. WE HAVE THE GREAT HONOR TODAY TO BE SERENADED, ARE YOU READY TO BE SERENADED. WE'RE GOING TO BE SERENADED BY THE MARIACHI GROUP UP ALBUQUERQUE HIGH SCHOOL. THIS IS OUR OWN ALBUQUERQUE HIGH SCHOOL MARIACHI GROUP. I'D LIKE TO THROW A SHOUT OUT TO MY FRIEND VIVIAN LOPEZ. SHE'S TALENTED AND EVERY ONE OF THE STUDENTS IS EXTREMELY TALENTED. AS YOU'LL SEE IN REFERENCE TO THE PERFORMANCE. AND I ALSO HAVE MS. SALAZAR WITH MARIACHI SPECTACULAR. I THINK SHE'S HERE. THANK YOU FOR BRINGING YOUR GROUP AND LETTING THE YOUNG ADULTS WHO ARE ACTUALLY VERY, VERY TALENTED YOUNG PEOPLE IN HIGH SCHOOL, THIS IS AMAZING. THIS IS GOING TO SHOW WE HAVE MARIACHI GROUPS IN ALBUQUERQUE SCHOOL SYSTEMS. LOOK AT THESE PEOPLE. LOOK AT HOW NICE THEY'RE DRESSED. IT'S AMAZING. I CAN'T WAIT TO HEAR THEM PERFORM. >> NAUNG GLNG >> WE HAVE THE LARGEST MARIACHI CONFERENCE IN ALBUQUERQUE. THESE STUDENTS PARTICIPATE EVERY YEAR. THIS IS A LITTLE TREAT TO SAY THANK YOU FOR ALL OF THE SUPPORT YOU HAVE GIVE TOON OUR ORGANIZATION. AND WE GREATLY APPRECIATE IT. THIS GROUP AT ALBUQUERQUE HIGH, NOT THIS GROUP BUT THE PROGRAM HAS BEEN AT ALBUQUERQUE HIGH FOR OVER 15 YEARS. IT'S JUST ONE OF MANY MARIACHI PROGRAMSES FLUORISHING IN THE STATE. I'LL LET THEM DO THEIR THING. THANK YOU SO MUCH. [ APPLAUSE ] ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ [ APPLAUSE ] ♪♪ ♪♪ ♪♪ >>COUN. GROUT: THANK YOU. THAT WAS LOVELY. THANK YOU. [ APPLAUSE ]. >>COUN. SANCHEZ: THANK YOU VERY MUCH FOR COMING AND SERENADING US. WE REALLY APPRECIATE IT. THESE ARE HIGH SCHOOL STUDENTS FROM AGES FROM NINTH GRADE TO SENIORS. THANK YOU VERY MUCH, ALBUQUERQUE HIGH. >>COUN. GROUT: THANK YOU. [ APPLAUSE ]. >>COUN. GROUT: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MADAM CHAIR. I HAVE A PROCLAMATION I'D LIKE TO INVITE UP SOME FOLKS FROM THE ANIMAL WELFARE DEPARTMENT. DIRECTOR ORTREGA. DESIREE. DAVID ROSE, FIELD CAPTAIN. AARON CLARK HEAD VETERINAR AND JOEL CRAIG ANINAL PROGRAM WELLNESS. WHEREAS, THE HUMANE SOCIETY DESIGNATED THE FIRST WEEK OF NOVEMBER AS NATIONAL ANIMAL SHELTER APPRECIATION WEEK AND WHEREAS VARIOUS FRL STATE AND LOCAL GOVERNMENT OFFICIALS THROUGHOUT THE COUNTRY TAKE THIS TIME TO RECOGNIZE THANK AND COMMEND EMPLOYEES OF ANIMAL SHELT FRRZ THE SERVICE THEY PROVIDE THEZEN CITIZENS AND PUBLIC AND PUBLIC SERVICE AGENCIES THROUGHOUT THE COUNTRY. AND WHEREAS THE CITY OF ALBUQUERQUE WOULD LIKE TO HAUNTTHER ANIMAL WELFARE DEPARTMENT FOR THE WORK THEY PERFORM TO -- MANAGED CARE FOR ANIMALS. AND ENCOURAGE AND CELEBRATE THE HUMAN-ANIMAL BOND THROUGH QUALITY ADOPTION AND EDUCATION AND TO HELP ASSURE PUBLIC HEALTH AND SAFETY FOR THE COMMUNITY. AND WHEREAS THE ALBUQUERQUE CITY COUNCIL RECOGNIZES THE ALBUQUERQUE ANIMAL WELFARE DEPARTMENT EMPLOYEES ARE FOR THE DEDICATED HOURS OF SERVICE THEY PERFORM AND FULFILLING ANIMAL WELFARE COMMITMENT TO PROVIDING THE HIGHEST AND MOST EFFICIENT LEVEL OF CUSTOMER SERVICE. AND WHEREAS THE CITY OF ALBUQUERQUE CITY COUNCIL WISHES TO COMMEND EACH AND EVERY ANIMAL WELL FAR DEPARTMENT EMPLOYEE FOR THEIR SERVICE AND COMMITMENT TO THE ANIMAL WELFARE PROFESSION AND ALL CITIZENS PUBLIC AND SAFETY HEALTH AND PUBLIC SERVICE PERSONNEL TO JOIN IN EXPRESSING GRATITUDE AND APPRECIATION FOR THE ANIMAL SHELTER EMPLOYEES. BE IT PROCLAIMED THAT THE COUNCIL THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE PROCLAIMS THE WEEK OF NOVEMBER 5th THROUGH 11th NATIONAL ANIMAL SHELTER APPRECIATION WEEK. [ APPLAUSE ] I WANTED TO THANK ALL OF THE ANIMAL WELFARE STAFF FOR THE WORK THEY DO. I BELIEVE DIRECTOR ORTEGA WOULD LIKE TO SAY A FEW WORDS. >> YES. MR. CHAIR, COUNCILOR FIEBELKORN, THANK YOU SO MUCH. SO MANY TIMES OUR VETS AND STAFF ARE OVERLOOKED. THEY REALLY ARE UNSUNG HEROES. THEY -- EVERYDAY THEY'RE SAVING LIVES. THEY'RE THE VOICE FOR THE VOICELESS. AND THEY WORK WITH THE MOST UNDER SERVED POPULATION. I'M SO PROUD OF THEM. THIS PROCLAMATION TODAY REALLY SHOWS THEM HOW PROUD YOU ALL ARE OF THEM. AND I THINK THAT IS EVEN MORE IMPORTANT. THEY SEE THE COMMUNITY SUPPORTS THEM AND APPRECIATES THEM AND WE KNOW WHAT THEY DO EVERY DAY FOR OUR ANIMALS. THANK YOU SO MUCH. >>COUN. FIEBELKORN: THANK YOU FOR BEING HERE TO ACCEPT. REALLY NICE TO SEE YOU ALL. AND THANK YOU ON BEHALF OF EVERYONE FOR ALL THE WORK YOU DO FOR THE COMMUNITY AND FOR OUR ANIMALS. [ APPLAUSE ] >>COUN. GROUT: THANK YOU. WE'RE GOING TO MOVE TO ADMIN Q&A. >>COUN. LEWIS: MADAM PRESIDENT. I WANTED TO ASK A QUESTION OF THE PRESIDENT. MR. PRESIDENT, WE HAVE AN UNPRECEDENTED AMOUNT OF PEOPLE SPEAKING TONIGHT. SPECIFICALLY ON R-176 AND O-88. I WANT TO ASK IF WE ADJUST THE AGENDA AND MOVE THOSE ITEMS BACK TO ITEM A AND ITEM B. >>COUN. DAVIS: YOU AND I TALKED ABOUT THIS. I THINK WE WANT TO GET THROUGH THE FIRST PART OF THE AGENDA. WE HAVE COMPETING REQUEST FOR ITEMS TO BE TAKEN OFF THE AGENDA. FROM DIFFERENT COUNCILORS AND THE ADMINISTRATION. I WAS -- WE HAVE SPOKEN ABOUT THIS. APPRECIATE IT. I HAVE DIFFERENT REQUESTS TO TAKE DIFFERENT ITEMS IN DIFFERENT ORDERS OFF THE AGENDA FROM THE ADMINISTRATION AND FROM DIFFERENT COUNCILORS. WE'RE GOING TO STICK WITH THEANDY AS PUBLISHED SO FOLK FOR THE NOTICE. WE'LL DO OUR BEST TO GET THROUGH THEM AS QUICKLY AS POSSIBLE. WE'LL MAKE RULE ACCOMMODATIONS TO TAKE CARE AS MANY AS POSSIBLE AND AS EARLY AS POSSIBLE. WE'LL GET TO THAT ONCE WE GET PAST Q&A. >>COUN. LEWIS: AS YOU AND I TALKED ABOUT THIS, IT WAS THE EXPECTATION THAT THE BILLS WILL BE HEARD ON ITEM A AND ITEM B ON FINAL ACTION. I MOVE TO APPEAL THE PRESIDENT'S DECISION. AND MOVE ITEMS R-176 AND O-88 TO FINAL ACTION. >>COUN. SANCHEZ: I'LL SECOND. >>COUN. DAVIS: MOTION AND SECOND TO REORDER THE AGENDA AND PLACE THOSE ITEMS ON THE AGENDA. COUNCILOR JONES, ARE YOU WITH US ON ZOOM? >>COUN. JONES: I AM, INDEED. >>COUN. DAVIS: FOR THOSE FOLLOWING LONG, OR DON'T GET TO JOIN US FOR AS OFTEN AS WE HAVE HERE, WHEN WE HAVE COUNSELORS ON ZOOM WE HAVE TO TAKE A ROLL CALL VOTE. WE HAVE TO ASK THE CLERK TO CALL THE ROLL CALL. I'LL ASK FOR THE CLERK TO DO THAT. >>COUN. BASSAN: YES. COUNCILOR BENTON IS EXCUSED. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: NO. >> THAT PASSES ON A 6-2 VOTE. >>COUN. DAVIS: WE'LL TAKE THOSE ITEMS AND REORDER ON THE AGENDA WHEN WE GET TO THAT PLACE. MADAM VICE-PRESIDENT. TAKE US BACK TO THE CURRENT. >>COUN. GROUT: THANK YOU. WARE WE'RE GOING TO MOVE TO THE QUESTION AND ANSWERS. >>COUN. LEWIS: MADAM VICE-PRESIDENT. THANK YOU. I DO HAVE SOME QUESTIONS REGARDING THE INSPECTOR GENERAL'S REPORT ON THE BOOK THAT WAS PUBLISHED. I DON'T KNOW IF THE DIRECTOR IS HERE TONIGHT TO ANSWER THIS. I'LL DIRECT THIS TO THE CAO. FIRST OF ALL, THERE WAS A -- THE ADMINISTRATION HAS THIS OPPORTUNITY THAT WHEN INVESTIGATIONS ARE DONE BY THE INSPECTOR GENERAL THEY GO TO THE INTERNAL AUDIT. THOSE REPORTS ARE GIVEN TO THE INTERNAL AUDIT AND THAT COMMITTEE IS MADE UP OF VOLUNTEERS APPOINTED BY THE ADMINISTRATION AND AS WELL AS THE COUNCIL. WE APPOINT THEM, THEY'RE A VOLUNTEER BOARD. MY UNDERSTANDING IS THAT BOARD RECEIVED THE INSPECTOR GENERAL REPORT. I THINK IT WAS PRETTY SCATHING WHEN IT CAME TO NOT ONLY RECOMMENDATIONS THAT THE ADMINISTRATION SHOULD IMPLEMENT BUT ALSO AREAS WHERE THE INSPECTOR GENERAL SAID THEY FOUND WASTE. SO, I HAVE QUESTIONS ABOUT THAT. IF YOU CAN RESPOND TO THIS. THE FIRST ONE IS A CONCERNING RESPONSE. THE ADMINISTRATION ALSO HAS A RARE PRIVILEGE. I'M NOT SURE IF THIS HAPPENS IN A LOT OF OTHER JURISDICTIONS LIKE THIS WHERE THERE'S INVESTIGATIVE BODY. THE ADMINISTRATION HAS THE ABILITY TO PUT THEIR RESPONSE ON THE PUBLISHED REPORT. WE SEE THE ADMINISTRATION'S RESPONSE TO EVERYTHING THAT'S IN THERE. ONE OF THE RESPONSES ON PAGE 18 WAS THE OIG WAS NOT PRESENT EVIDENCE BEYOND THE BOOK NOT BEING PROFITABLE. THERE'S NO WASTE OR MISUSE RELATED TO THE PROJECT, THAT'S A STATEMENT THAT IS CLEARLY MOCKING THE INSPECTOR GENERAL. IS IT APPROPRIATE THAT THE ADMINISTRATION WOULD RESPOND TO AN INDEPENDENT INSPECTOR GENERAL MOCKING THEM WITH THE WORK THEY'RE DOING? >> COUNCILOR DAVIS, COUNCILOR LEWIS, I APPRECIATE THE INQUIRY. AND I APPRECIATE YOUR QUESTION INTO THE REPORT RELATED TO THE PUBLISHING OF THE BOOK. SPECIFICALLY YOUR QUESTION ABOUT WASTE. I'M NOT SURE THE INTENT BY ANYONE IS TO MOCK ANYONE IN THEIR ROLE. I THINK OUR CONCERN IS THE FACT. >>COUN. LEWIS: WHAT WAS THE INTENT OF THAT LINE TO SAY THE IG, DID THEIR LITTLE BOOK REVIEW, WHAT IS THE INTENT? A MOCKING STATEMENT. IS THAT APPROPRIATE? IS THAT REALLY APPROPRIATE FOR THE ADMINISTRATION TO DO THAT? >> COUNCILOR DAVIS, COUNCILOR LEWIS, I THINK ONE, LET ME INDICATE THIS THAT I LEARNED OVER THE PAST WEEK. SECOND, I THINK THE INTENT IS REALLY TO BE CLEAR THAT A MATTER OF OPINION RELATED TO HOW THE ADMINISTRATION DECIDES TO SPEND FUNDING IN A DEPARTMENT LIKE ARTS AND CULTURE AND THEY BELIEVE PUBLISHING BOOKICIZE WHAT THEY DO. AND THE IDEA THIS IS WASTE OR SOMETHING THAT ISN'T OF VALUE IS A MATTER OF OPINION. I BELIEVE THE ADMINISTRATION EXPRESSES WE HAVE A DIFFERENCE OF OPINION WHETHER PUBLISHING BOOKS IS A WASTE. >>COUN. LEWIS: MR. PRESIDENT, TYPICALLY IF A JURY DIDN'T RULE YOUR WAY OR JUDGE DOESN'T RULE YOUR WAY, YOU SAY WE RESPECTFULLY DISAGREE. I UNDERSTAND THAT. THIS WAS ABSOLUTELY NOT RESPECTFUL. I ASK AGAIN, IS IT APPROPRIATE FOR THE ADMINISTRATION TO MOCK THE INDEPENDENT INSPECTOR GENERAL? YES OR NO, IS THAT APPROPRIATE? >> PRESIDENT DAVIS, COUNCILOR LEWIS, I JUST HAVE TO DISAGREE. >>COUN. LEWIS: YOU BELIEVE IT'S APPROPRIATE? >> I WOULD TAKE ISSUE WITH THE WORD MOCK. I DON'T BELIEVE THAT WAS THE IN INTENT OF THE COMMENT. I BELIEVE IT WAS EXPRESSED WE DON'T AGREE. >>COUN. LEWIS: WE'LL MOVE ON. I THINK IT'S VERY CLEAR WHAT THAT RESPONSE DID. IT'S REALLY UNUSUAL. I DON'T THINK WHAT'S THE ADMINISTRATION WANTS TO BE CONVEYED AS. IN PAGE SEVEN, THE INVESTIGATION SAID THE AUTHOR SAID THEY WANTED IT TO BE A-POLITICAL AS POSSIBLE. AND THE REPORT SAID IT WAS UNCLEAR WHO WOULD DIRECT AS FAR AS THE WRITING BOOK AND EDITINGS OF THE BOOK, AND ALSO SAID IT WAS HARD TO GET A DECISION MADE AN AS TO WHAT WAS IN THE FINAL PRODUCT. IT WAS UP TO THE AUTHOR OR SOMEONE ELSE? IT WAS -- WAS THE MAYOR'S OFFICE INVOLVED IN EDITING OR DESIGNING THE FINAL PRODUCT THAT WAS SUPPOSED TO BE APOLITICAL? >> I HAVE TO TELL YOU, I DON'T KNOW THE ANSWER TO THAT SPECIFIC QUESTION. I WANT TO MAKE SURE I'M ABLE TO ANSWER THAT EFFECTIVELY FOR YOU. SDMRL . >>COUN. LEWIS: IF YOU WOULD REVIEW I WOULD APPRECIATE IT. IT'S IMPORTANT THAT WE KNOW THE MAYOR'S OFFICE IS INVOLVED IN WRITING THIS BOOK. SURE LOOKS LIKE IT WAS. MY LAST QUESTION HAS TO DO WITH, IN THIS REPORT THERE'S SIX OR SEVEN TIMES WHERE THE INSPECTOR GENERAL, INDEPENDENT INSPECTOR GENERAL, THAT DID A INVESTIGATION INTO THIS. THEY GAVE -- WHETHER YOU AGREE OR NOT, THE ADMINISTRATION WAS GUILTY OF THIS OR NOT, THE I.G. BELIEVE SO. THERE WERE RECOMMENDATIONS GIVE TOON THE CITY OF ALBUQUERQUE. DOES THE ADMINISTRATION CONSIDER ANY OF THE RECOMMENDATIONS? >> COUNCILOR LEWIS, I THINK I WILL HAVE TO HAVE TO FOLLOW UP ON THAT. I DON'T KNOW IN THE LAST THREE DAYS WHAT WE'RE DOING OR NOT DOING. >>COUN. LEWIS: DID YOU READ THIS? >> I DID. >>COUN. LEWIS: YOU SAW RECOMMENDATIONS THAT YOU SHOULD ASSURE THAT IT'S CLEARLY STATED IN FUTURE MOU, IT SEEMS STRAIGHTFORWARD. THE LEADER OF THE ADMINISTRATION AND THE DEPARTMENT, A GOOD RECOMMENDATION BY THE INSPECTOR GENERAL. THEY SHOULD PROVIDE TRAINING ON FAVORITISM AND CONFLICT OF INTEREST. GOOD RECOMMENDATION. THE PURCHASING DIVISION HAVED REVIEW THE POLICY REGARDING PROFESSIONAL AND TECHNICAL CONTRACTS FOR LESS THAN $100,000. UPDATE THE POLICY. I THINK THAT'S REASONABLE. AGAIN, WHETHER YOU AGREE THAT YOU'RE GUILTY OF THAT OR NOT, THESE ARE GOOD RECOMMENDATIONS. WOULD YOU COME BACK WITH A RESPONSE TO SAY THESE ARE THE RECOMMENDATIONS THAT THE INDEPENDENTED -- INDEPENDENT INSPECTOR GENERAL RECOMMENDED. >> ABSOLUTELY. THANK YOU FOR THE OPPORTUNITY. >>COUN. GROUT: THANK YOU. COUNCILORS, ANY OTHER QUESTIONS? I JUST HAVE A COUPLE QUESTIONS. I HAVE A QUESTION ABOUT WHEN THE CITY COUNCIL APPOINTS FOLKS TO THE BOARDS AND COMMISSIONS. WHAT ARE THE NEXT STEPS AFTER THE CITY COUNCIL HAS APPOINTED SOMEONE TO A CITY BOARD OR COMMISSION? >> COUNCILOR DAVIS, COUNCILOR GROUT, THANK YOU. I APPRECIATE THE QUESTION IN ADVANCE. GIVE ME THE OPPORTUNITY IN THE EARLY STAGE TO LOOK INTO THIS. I LEARNED FROM OUR STAFF THAT WE WORK TO ENSURE THAT ONCE THE COUNCIL MINUTES ARE PUBLISHED, WE THEN COMMUNICATE CONGRATULATIONS TO THOSE APPOINTEES AND GIVE THEM CONFIRMATION. AND WE ALSO PROVIDE THEM WITH A LINK RELATED TO ACCEPTING THAT APPOINTMENT ALONG WITH THE CODE OF ETHICS PAPERWORK AND FINANCIAL DISCLOSURE THEY HAVE TO COMPLETE. ONCE THEY RETURNED ALL OF THE APPROPRIATE PAPERS, WE CONNECT THEM WITH STAFFERS TO DO ON BOARDING. THAT INCLUDES EVERYTHING FROM UNDERSTANDING THE NEXT MEETING AND THE CALENDAR AND ANY OTHER RULES OR MATTERS THEY NEED TO KNOW. >>COUN. GROUT: PERFECT. THANK YOU. IS THERE ONE SPECIFIC PERSON AT THE CITY ADMIN THAT ACTUALLY HANDLES ALL OF THE BOARDS AND COMMISSIONS AND THAT'S THEIR ROLE TO OVERSEE THAT AND MAKE SURE THAT HAPPENS? >> COUNCILOR DAVIS, COUNCILOR GROUT, OUR PUBLIC AFFAIRS OFFICE IS THE CENTRAL POINT FOR THAT. AND THEY ENSURE THAT HAPPENS. >>COUN. GROUT: THANK YOU. I APPRECIATE THAT. QUESTIONS ANYBODY? ALL RIGHT. THANK YOU. LET'S MOVE ON. COUNCILOR BENTON HAS A QUESTION. REGARDING THE STATUS OF THE NOISE CAMERA PILOT PROGRAM. COULD YOU GIVE US AN UPDATE ON THAT? ANYBODY? >> COUNCILOR DAVIS, COUNCILOR GROUT, DEPUTY CHIEF SMATHERS IS HERE TO TALK WITH YOU REGARDING THIS MATTER. >> HELLO. >>COUN. GROUT: WE HAD COUNCILOR BENTON THAT WANTED TO KNOW WHAT IS THE STATUS OF THE NOISE CAMERA PILOT PROGRAM? >> SINCE THE RESOLUTION WAS PASSED WE HAVE INVESTIGATED THE EXISTING TECHNOLOGY FOR NOISE CAMERAS THAT WE HAVE BEEN ABLE TO FIND IN THE UNITED STATES. AND PRIMARILY THERE'S ONE COMPANY BASED IN ENGLAND CALLED SOUND VIEW. THEY'RE TESTING THE CAMERAS IN COLORADO, AND TENNESSEE AND NEW YORK CITY. THE PROBLEM WITH THAT COMPANY AND THEIR TECHNOLOGY IS THEY'RE NOT ABLE TO ASCERTAIN WHICH CAR IS VIOLATING THE NOISE STANDARDS. THEY PROGRAM IT FOR WHATEVER DECIBEL LEVEL THEY CHOOSE TO SELECT AND IT WILL GO OFF IF THE NOISE REACHES THE LEVEL. IT MIGHT TAKE A PICTURE OF TWO CARS AND THREE CARS AND THEY CANNOT ASCERTAIN WHICH CAR WAS THE SOURCE OF THE NOISE. KNOXVILLE REALIZED THAT AND THEY'RE NOT ISSUING CITATIONS BECAUSE OF THE WEAKNESS. NEW YORK CITY IS USING THE CAMERA SYSTEM BUT THEY HAVE ORDINANCES TO WHERE IF THAT CAMERA CAPTURES THE CARS, THEY ORDER THE REGISTERED OWNERS IN FOR AN AN INSPECTION. AND THEY'RE ABLE TO ASCERTAIN WHICH ONE HAS THE EXHAUST THAT VAILATES THE ORDNANCE. WE DON'T HAVE THE OPPORTUNITY TO DO THAT. FOR THAT COMPANY AND THERE'S SERVICE ISSUES RELATED TO THAT. IF WE USE THAT CAMERA TODAY AND IT BEGINS TO MALFUNCTION WE SEND IT BACK TO ENGLAND. THEY DO NOT HAVE CAPACITY IN THE UNITED STATES TO PROVIDE SERVICE FOR THAT. THERE'S A LOT OF PRACTICAL THINGS THAT WOULD NOT BE APPROPRIATE FOR THAT. THERE'S A LOCAL COMPANY THAT I WOULD DESCRIBE IT AS A FLEDGLING EFFORT CALLED NOT ALLOWED. THEY'RE BEGINNING THE EFFORTS TO DEVELOP A CAMERA THAT CAN DO THAT. THEY HAVE RAN INTO SOME OF THE SAME ISSUES. THEY FEEL LIKE IT CAN ONLY WORK WELL ON A TWO-LANE STREET. SAME ISSUE IF THERE'S TWO CARS SIDE BY SIDE AND FRONT AND BACK THERE'S ISSUES IN DETERMINING WHICH CAR WAS THE TARGETED VEHICLE THAT VIOLATED THE PRESCRIBED STANDARD. THE NOT ALLOWED COMPANY DOES NOT HAVE THE ABILITY TO ISSUE CITATIONS, THEY DON'T HAVE THE ABILITY TO LOOK UP REGISTERED OWNERS OF CARS. THAT WOULD BE ADDITIONAL PROCESSES THAT HAVE TO BE TAKEN ON BY THE CITY TO BEGIN THE PILOT. WITH THAT, IT WAS OUR OPINION -- I DESCRIBE IT AS NOT READY FOR PRIME TIME. IT'S COMING AND THEY'RE CONTINUING TO REFINE IT. THERE'S A 2.0 VERSION THEY BELIEVE MAY ONE DAY BE ABLE TO PINPOINT THE VIOLATING VEHICLE BUT IT'S NOT THERE YET. WE DO NOT FEEL LIKE THEY WOULD EVEN BE A PRACTICAL WAY FOR US TO TEST IT BECAUSE WE WOULD GET PICTURES OF CARS AND NOT KNOW WHICH CAR WAS THE VIOLATING VEHICLE. I WILL USE AUTOMATED SPEED AS AN EXAMPLE, THAT'S NEW IN THE CITY. WHEN WE TESTED IT, THOSE SYSTEMS WERE ALREADY IN PLACE. WE GOT TO SEE WHETHER WE LIKE HOW THAT SYSTEM WORKS. IS IT FUNCTIONING WELL. AND THAT TECHNOLOGY CANNOT BE DONE IN THE SAME WAY WITH THE NOISE CAMERAS. IT WAS OUR RECOMMENDATION WE'RE NOT READY TO EVEN BEGIN TESTING. THERE WAS SOME OTHER ISSUES THAT ARE NOT RELATED, BUT WE DON'T FEEL IT WAS APPROPRIATE TO BEGIN A TEST BECAUSE OF THOSE WEAKNESSES WE IDENTIFIED. >>COUN. GROUT: VERY GOOD. THANK YOU. APPRECIATE THAT UPDATE. ANY QUESTIONS? COUNCILOR BASSAN. >>COUN. BASSAN: MADAM VICE-PRESIDENT, THANK YOU. THANK YOU, DC, I WAS A SPONSOR ON THIS BILL ORIGINALLY. IT'S SOMETHING I WANTED TO DO A PILOT OF. I DON'T LIKE THE IDEA OF SAYING THERE'S A CLUSTER OF VEHICLES THAT YOU'RE GOING TO BE CALLED IN TO DECIDE IF YOU'RE THE ONE GUILTY OR NOT. I THINK THIS UPDATE HAS IN ENLIGHTENING. I DON'T SUPPORT PUSHING FORWARD ON SPENDING ANY MONEY ON IT. I MIGHT REACH OUT TO SEE IF WE CAN FIGURE OUT MORE DETAILS IF THERE'S SOMETHING FURTHER THAT NEEDS TO BE DONE WITH THE LEGISLATION OR STAY AS IS. WITH WHAT YOU DESCRIBED, I'M NOT OKAY MOVING FORWARD WITH THE NOISE CAMERA. >> I'LL ASSURE YOU THAT WE'LL LOOK AND WATCH. WE KNOW SOUND ISSUES AND NOISE ISSUES ARE A QUALITY OF LIFE IMPACT. IF THAT TECHNOLOGY GETS A LITTLE MORE PRECISE WE'LL BE HAPPY TO REPORT OUT WE'RE READY FOR A TEST TO ASSESS AND THIS BODY CAN DETERMINE HOW TO MOVE FORWARD. >>COUN. BASSAN: THANK YOU. CAN YOU EXPLAIN TO THOSE PEOPLE IN THE ROOM, WHAT DOES APD DO IF THEY HEAR A LOUD VEHICLE? IS THERE ANYTHING THAT HAPPENS ALREADY WITH THE NOISE ORDINANCE? >> THERE IS, I'LL DEFER TO COMMANDER PATTERSON WHO IS THE SMA RELATED TO MODIFIED EXHAUST ENFORCEMENT. >> THANK YOU. AT THIS POINT WHAT HAPPENS IS IF THE NOISE VIOLATION -- >>COUN. DAVIS: GRAB THE OTHER MIC. >> THANK YOU. WHAT HAPPENS IS APD, IF A NOISE VIOLATION IS OBSERVED THEY CAN CONDUCT THE TRAFFIC STOP AND ISSUE CITATION FOR THAT VIOLATION WHICH WHEN IT GOES TO COURT THEY HAVE TO PROVE THEY REMOVED THE HARDWARE OR A SAFETY INSPECTION IS DONE THROUGH THE COURT. WE ENFORCE THOSE CITATIONS BY PATROL OFFICERS AND ENFORCED DURING THE STREET RACING OPERATIONS WHEN WE DO OPERATIONS ON MONTGOMERY OR CENTRAL. CITATIONS ARE BEING ISSUED INTEREST THE VIOLATIONS. >>COUN. BASSAN: THANK YOU. MADAM VICE-PRESIDENT, COMMANDER, I THINK THAT'S WHAT WE SHOULD BE DOING. WE WANTED TO GIVE YOU THE SUPPORT AND TOOLS TO ACHIEVE THIS. DO YOU THINK THIS HAPPENS AS MUCH AS POSSIBLE? >> THE OFFICERS -- IT'S A CONSTANT BATTLE. WE'RE ISSUING THEM ON A WEEKLY BASIS AND DAILY BASIS. IT'S A BIG EMPHASIS WE DO DURING THE WEEKLY STREET RACE. >> NARRATOR: THANK YOU HAVE . >>COUN. BASSAN: THANK YOU FOR DOING THAT. IT'S HARD FOR PEOPLE TRYING TO SLEEP FOR WORK AND THEY'RE BEING KEPT AWAKE. >>COUN. GROUT: THANK YOU, BOTH. ANY OTHER QUESTIONS? ALL RIGHT. LET'S MOVE TO THE JOURNAL. I MOVE APPROVAL OF THE OCTOBER 16th JOURNAL. >>COUN. DAVIS: SECOND. >>COUN. GROUT: VERY GOOD. WILL YOU PLEASE CALL THE ROLL? >>COUN. BASSAN: YES. >> COUNCILOR BENTON IS EXCUSED. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. GROUT: THANK YOU. >>COUN. DAVIS: THANK YOU, MA'AM. LET'S MOVE TO COMMUNICATIONS AND INTRODUCTIONS. ANY CHANGES TO THE LETTER OF INTRODUCTION? COUNCILOR FIEBELKORN, I BELIEVE YOU HAVE ONE. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. FOR R-180 AND MOVE IT BE SUSPENDED FOR PLACING ON TONIGHT'S AGENDA FOR ACTION. IT'S APPROVING THE ACCEPTANCE OF GRANT AWARDS FROM FEMA TO PROVIDE FOR AN APPROPRIATION TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR FISCAL YEAR 24, 25, AND 26. >>COUN. DAVIS: SECOND FROM COUNCILOR BASSAN. WILL THE CLERK PLEASE CALL THE ROLL? >>COUN. BASSAN: YES. >> COUNCILOR BENTON IS EXCUSED. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: COUNCILOR BENTON IS THOUGHT HERE. HE'S REQUESTED THE RULES BE SUSPENDED FOR PLACING R-181 ON ACTION. IT DIRECTS THE TRANSIT DEPARTMENT TO CONDUCT A STUDY FOR CONSOLIDATION. SECOND FROM COUNCILOR FIEBELKORN. PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >> COUNCILOR BENTON IS EXCUSED. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: NO. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES ON A 7-1 VOTE. >>COUN. DAVIS: WE HAVE SEVERAL SPONSORS FOR R-182. CLAEFB. >>COUN. FIEBELKORN: >>COUN. FIEBELKORN: I MOVE THE RULES BE SUSPENDED FOR PLACING R-182. IT'S ESTABLISHING LEGISLATIVE AND BUDGET PRIORITY FOR THE CITY OF ALBUQUERQUE FOR THE SECOND SESSION OF THE 56TH NEW MEXICO STATE LEGISLATURE. >>COUN. DAVIS: PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: COUNCILOR BENTON ALSO HAD A REQUEST THAT THE RULES BE SUSPENDED FOR INTRODUCING R-184 AND PLACING ON THE NOVEMBER 20 AGENDA. THAT AMENDING RESOLUTION ESTABLISHING THE POLICY FOR APPLYING VEHICLE WRAPS TO CREATE A UNIFORM BRAND IN THE CITY TRANSIT BUSES. IS THERE A SECOND? >>COUN. GROUT: SECOND. >>COUN. DAVIS: SEEING NO DISCUSSION. PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. GROUT: I MOVE APPROVAL OF THE LETTER OF INTRODUCTION. >>COUN. DAVIS: MOTION AND A SECOND. PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: NEXT UP ARE REPORTS OF THE COMMITTEE. COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. THE FINANCE AND GOVERNMENT OPERATIONS COMMITTEE MET ON MONDAY OCTOBER 23rd AND REPORTS THE FOLLOWING ITEMS. IN THE MATTER OF EC-358 APPROVED. IN THE MATTER OF O-85, O-86, AND R-165 DO PASS. IN THE MATTER OF R-159 THAT IT BE WITHOUT RECOMMENDATION. I MAKE A MOTION TO ACCEPT THE COMMITTEE REPORTS. >>COUN. DAVIS: I HEARD COUNCILOR FIEBELKORN FIRST. CLERK. >>COUN. BASSAN: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: THANK YOU. DEFERRALS AND WITHDRAWALS. DO WE HAVE ANY? NOT AWARE OF ANY. WHAT ABOUT CHANGES TO CONSENT AGENDA? I'M NOT AWARE OF ANY. MADAM VICE-PRESIDENT, DO YOU HAVE A MOTION? >>COUN. GROUT: I MOVE APPROVAL OF THE CONSENT AGENDA. >>COUN. DAVIS: MOTION AND SECOND FROM COUNCILOR BASSAN. SEEING NO DISCUSSION. PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: WE'RE GOING TO MOVE TO ANNOUNCEMENTS. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. THE FINANCE AND GOVERNMENT OPERATIONS COMMITTEE MEETING SCHEDULED FOR MONDAY NOVEMBER 13 IS CANCELED. >>COUN. FIEBELKORN: THE LAND USE PLANNING AND ZONING COMMITTEEING FOR WEDNESDAY NOVEMBER 15 IS DANCE LDZ. . >>COUN. DAVIS: THERE WILL BE A CITY COUNCIL STUDY SESSION ON NOVEMBER 13th IN THE COUNCIL COMMITTEE ROOM, OUR TOPIC IS REVIEWING THE STATUS OF THE GIBSON HEALTH HUB. NEXT UP IS FINANCIAL INSTRUMENTS. WE HAVE NONE. HERE WE GO, WE'RE GOING TO SLOW THIS DOWN. NEXT UP IS GENERAL PUBLIC COMMENT. AS OUR VICE-PRESIDENT MENTIONED, MEMBERS OF THE PUBLIC ARE AVAILABLE TO PROVIDE LIVE PUBLIC COMMENT IF YOU SIGNED UP AHEAD OF TIME PURSUANT TO THE RULES. LOTS OF YOU DID. HERE ARE PUBLIC COMMENT GROUND RULES. TONIGHT, WE ARE LIMITING OUR COMMENTS TO ONE MINUTE PER PARTICIPANT. I'LL TALK ABOUT WHY. IF YOU SIGNED UP EARLY YOU SHOULD RECEIVE AN EMAIL WITITH E NOTICE. YOUR COMMENTS ARE TO BE ADDRESSED THROUGH THE PRESIDENT. IN OTHER WORDS, YOU CAN'T ARGUE WITH THE CROWD OR STRAF AND ANY DISRUPTIVE COMMENT WILL REQUIREMENTS -- REMOVAL. HERE'S HOW WE'RE DOING THIS. WITH OUR PRESENTERS AND OUR PUBLIC COMMENTERS AND FOLKS SIGNED UP FOR INDIVIDUAL BILLS, WE HAVE 183 INDIVIDUAL PEOPLE SIGNED UP FOR PUBLIC COMMENT. I KNOW THAT'S WHAT OUR STAFF SAID TOO. IF WE ALLOWED EVERYBODY THEIR NORMAL TWO MINUTES FOR EACH OF THOSE PEOPLE, WE WOULD BE HERE FOR SIX AND A HALF HOURS ON PUBLIC COMMENT BEFORE WE CAN DO ANYTHING. I'M PRETTY SURE THESE COUNCILORS ARE NOT GOING TO STAY HERE THAT LONG AND YOU AREN'T EITHER. HERE'S WHAT WE'RE GOING TO TRY. I'VE LIMITED TO ONE MINUTE. WE'RE WE -- YOU HAVE THE TIME TO HAVE YOUR SPACE. IF THIS FOR AND EACH OF THE BILLS. IF SOMEONE SAID WHAT YOU'RE GOING TO SAY. YOU CAN SAY I AGREE. YOU CAN'T STAND UP OR APPLAUD. YOU HAVE THE RIGHT TO USE YOUR TIME. YOU'RE NOT REQUIRED TO USE ALL OF IT. THE SOONER WE CAN GET THROUGH THESE AND TAKE THE CORE OF WHAT YOU WANT US TO KNOW WE'LL BE ABLE TO GET TO THE ACTION ITEMS BEFORE MIDNIGHT SO YOU KNOW WHAT HAPPENED. THE COUNCIL WILL TAKE A DINNER BREAK. WE'RE REQUIRED TO TAKE ONE REGARDING PENDING LITIGATION WE HAVE TO GET THROUGH THIS EVENING. WE'RE GOING TO TAKE OUR GENERAL PUBLIC COMMENT. WE'LL SEE HOW FAR WE GET STARTED ON THE TWO ACTION ITEMS THAT HAVE BEEN MOVED UP. AND AT SOME POINT AROUND 7 O'CLOCK, OR 7:30, WE'LL TAKE A DINNER BREAK SO THE COUNCIL CAN TALK TO THE ATTORNEYS ABOUT THOSE OTHER MATTERS AND THEN COME BACK FOR THE OTHER ACTION ITEMS. WE'RE GOING TO HAVE A LONG NIGHT. I APPRECIATE YOUR PATIENCE. THAT WAS MY LONG SPEECH TO ASK YOU NOT TO MAKE ONE. >>COUN. LEWIS: POINT OF CLARIFICATION. IF PEOPLE ARE SIGNED UP FOR MULTIPLE BILLS INCLUDING GENERAL PUBLIC COMMENT. MY UNDERSTANDING IS THEY'RE WELCOME TO SPEAK ON THE BILL DURING PUBLIC COMMENT AND IF THEY'RE SIGNED UP DURING THE BILL, THEY CAN SPEAK ON THAT TIME AS WELL. EVEN THOUGH YOU'RE LIMITED TO ONE MINUTE, YOU HAVE THE ABILITY TO SIGN UP FOR MULTIPLE BILLS TONIGHT. >>COUN. DAVIS: THAT'S CORRECT. WE'LL TALK ABOUT THAT AND MERGE PUBLIC COMMENT LIST. >>COUN. LEWIS: THEY DO HAVE THE ABILITY TO SPEAK TWICE ON ONE MATTER? >>COUN. DAVIS: IF THEY SIGNED UP THEY CAN DO THAT. >>COUN. DAVIS: >> OUR FIRST SPEAKER IS CHRISTOPHER FOLLOWED BY RHIANON. >>COUN. DAVIS: IF YOU HEAR YOUR NAME BEING CALLED COME TO THE ON-DECK CIRCLE. WE HAVE SEATS RESERVED SO WE CAN MAKE SURE TO MAKE USE OF OUR TIME. >> THANK YOU, PRESIDENT, COUNCIL. TOGETHER FOR BROTHERS WAS WRAPPING UP OUR FIRST YEAR OF A HEALTH IMPACT ASSESSMENT ABOUT TRANSPORTATION. AND HEALTH EQUITY. AS WE DISCUSSED GOALS INCLUDING FREE SUMMER YOUTH BUS PASSES, ONE OF THE HIGH SCHOOL STUDENT ORGANIZERS WHO IS A BUS RIDER WAS THE FIRST TO SUGGEST WHY DON'T WE MAKE IT FREE FOR EVERYONE. LISTENING TO MOST IMPACTED COMMUNITIES, AND BUS RIDERS HAS LED TO ZERO FARES. PERMANENTLY FUNDING ZERO FARES AND FIXED ROUTES IS A STEP TOWARD TRANSEQUITY. OTHER BILLS ARE CONNECTED TO CENTERING MOST IMPACTED COMMUNITIES. THANK YOU TO CITY COUNCIL FOR TAKING ACTION FOR EQUITY TONIGHT. >> RHIANNON FOLLOWED BY WILLIAM. >> GOOD EVENING, I'M WITH NAOP. WE ARE IN STRONG SUPPORT REGARDING THE AIR QUALITY CONTROL BOARD. THESE BILLS ARE BALANCING THE NEED FOR ECONOMIC DEVELOPMENT WITH THE DESIRE FOR ENVIRONMENTAL JUSTICE. IT IS UNDENIABLE THAT THE PRESERVATION OF THE ENVIRONMENT AND THE PROTECTION OF PUBLIC HEALTH MUST REPAIN PARAMOUNT. HOWEVER IT IS EQUALLY VITAL TO ENSURE OUR ECONOMIC LANDSCAPE CONTINUES TO THRIVE ALLOWING FOR OUR COMMUNITIES TO PROSPER. THE PROPOSED CHANGES TO THE EXISTING REGULATIONS DEMONSTRATE A PROACTIVE STEP TO ACHIEVING THE BALANCE. BY INCORPORATING COMPREHENSIVE STAKEHOLDER ENGAGEMENT AND DAT-DRIVEN DECISION MAKING PROCESSES, WE CAN ENSURE THAT THE AMENDMENTS NOT ONLY ADDRESS THE ENVIRONMENTAL CONCERNS BUT ALSO FOSTER AN ENVIRONMENT CONDUCIVE FOR ECONOMIC DEVELOPMENT. THANK YOU FOR VOTING ON THE BILLS PAINTING THE WAY FOR A SUSTAINABLE FUTURE. >> WILLIAM FOLLOWED BY ROBERT. ROBERT FOLLOWED BY ROBERT. >> GOOD AFTERNOON, THANK YOU FOR YOUR TIME. I AM PROVIDING PUBLIC COMMENT TO O-23-88 AND R-23-176. I REPRESENT BLACK ROCK SERVICES. WE OPERATE UNDER SEVERAL AIR QUALITY PERMITS. THE FOUNDATION OF OUR GOVERNMENT IS BASED UPON CHECKS AND BALANCES TO ENSURE GOOD DEMOCRACY. THESE BILLS ESTABLISHES MUCH-NEEDED CHECKS AND BALANCES. IT ACCOMPLISHES THIS GOOD GOVERNANCE AND PROVIDES TRANSPARENCE AND ESTABLISHES ACCOUNTABILITY AND ESTABLISHES CRITERIA FOR AIR BOARD MEMBER QUALIFICATIONS TO RESPONSIBLY GUIDE AIR QUALITY MATTERS. THIS ORDINANCE AND RESOLUTION HELPS TO ENSURE FUTURE BOARD MEMBERS CONSIDER TECHNICAL PRACTICABILITY AND REASONABLENESS OF REDUCING OR ELIMINATING AIR CONTAMINANTS. I FEAR IF WE DON'T VOTE YES TONIGHT WITHIN TEN YEARS WE'LL SEE ECONOMIC DECLINE IN ALBUQUERQUE AND BERNALILLO COUNTY. >> ROBERT FOLLOWED BY CARL. >> GOOD EVENING, MR. PRESIDENT, COUNCILORS, I'M WITH ALBUQUERQUE ASPHALT. I'M HERE WITH REGARD TO ORDINANCE 23-88 AND RESOLUTION 23-176. THESE TWO BILLS ARE NECESSARY BECAUSE THE REGULATION BEFORE THE AIR QUALITY BOARD IS WRITTEN WITHOUT ANY INDUSRY INPUT. WITH NO REGARD TO THE INDUSTRY. IT'S OVERREACHING. AND IT WILL RESULT IN VIRTUALLY NO NEW AIR QUALITY PERMITS BEING ISSUED IN BERNALILLO COUNTY. WHICH THAT WILL RESULT IN A SERIOUS NEGATIVE IMPACT ON ECONOMIC DEVELOPMENT AND LEAD TO LIABILITY FOR THE CITY DUE TO DECREASED PROPERTY VALUES AND LAND USE PLANNING ISSUES. >> CARL FOLLOWED BY CARLOS. >> MR. PRESIDENT,MEMBERS OF THE COUNCIL. I'M ONE OF MANY FORMER MEMBERS OR CHAIRS OF THE ENVIRONMENTAL IMPROVEMENT BOARD OF THE STATE. ONE OF THE ISSUES WE ALWAYS STRUGGLED WITH IS HOW TO GET LOCAL GOVERNMENT TO WORK TOGETHER ON ISSUES. THIS STATE AND THIS CITY AND COUNTY HAVE COME UP WITH A VERY WORKABLE SYSTEM FOR MANY YEARS. I WOULD URGE YOU NOT TO GO FORWARD WITH THIS LEGISLATION, PUT TAKE THE TIME TO WORK THE ISSUES OUT THE WAY THIS BOARD HAS DONE MANY TIMES. THEY HAVE A LOT OF EXPERTISE IN DIFFERENT AREAS. I THINK IF YOU GIVE THEM THE CHANCE TO, SOME OF THE CRITICISM YOU MAY HEAR WILL GRIND IT'S WAY THROUGH THE LEGISLATIVE PROCESS. I WOULD URGE YOU TO BE PATIENT WITH THE STRUCTURE THAT HAS WORKED FOR A LONG TIME. AND SET THIS ASIDE AND GIVE THIS LEGISLATION ASIDE. THANK YOU. >> CARLOS FOLLOWED BY XAVIER. >> PRESIDENT, COUNCIL MEMBERS, I DIDN'T REALIZE I SIGNED UP TWICE. I'M HERE ON BEHALF OF COUNCILOR LEWIS'S ORDINANCES. NOT AS A BUSINESS PERSON BUT AS A CONCERNED CITIZEN. THERE NEEDS TO BE A RESTRUCTURING OF ALBUQUERQUE-BERNALILLO COUNTY AIR BOARD AS WE KNOW IT. I THINK THAT IT NEEDS TO REFLECT THE TRUE CONSTITUENTS IN ALBUQUERQUE AND BERNALILLO COUNTY. THE BOARD, IF WE'RE GOING TO STICK WITH THE APPOINTED SITUATION, IT NEEDS TO REFLECT OUR PEOPLE BETTER AND OUR SOCIETY HERE IN ALBUQUERQUE. IF YOU LOOK AT THIS APPOINTED BOARD THEY'RE ENVIRONMENTALISTS. THERE'S NOTHING WRONG WITH THAT, BUT HAVING SEVEN TRYING TO DECIDE THE FEAT -- FATE OF EVERYBODY ELSE IS UNFAIR. I THINK BERNALILLO COUNTY SHOULD ADOPT THE SAME SYSTEM. I THINK WE HAVE THE ABILITY TO HAVE A MORE REFLECTIVE GROUP THAT CAN BE MORE OBJECTIVE IN DECIDING THE MATTERS. ALSO, THE FACT THAT PRESBYTERIAN -- HOSPITAL IS THE LARGEST EMPLOYER IN THE STATE HAS NOT BEEN MORE VOCAL AND SANDIA LABS IF WE'RE NOT TAKING CARE OF THEM WE DON'T HAVE A CITY AND UNM AND KIRTLAND AIR FORCE BASE ARE GOING TO BE AFFECTED BY THIS AND REALLY HURT THE WHOLE CITY. I'LL FINISH ON MY OTHER COMMENT. >> HELLO -- >> XAVIER AND KELLY. >> HELLO, I LIVE IN DISTRICT TWO IN THE REYNOLDS ADDITION. I WORK WITH THE GARDENS INSTITUTE. I'M NOT VERY OLD BUT I'VE SEEN IT ALL. WE HAVE REAL ESTATE DEVELOPERS, AND POLLUTERS ADVOCATING FOR ENVIRONMENTAL JUSTICE. I THINK THAT'S INCREDIBLE. WHAT I WILL SAY IS THIS. FIRST AND FOREMOST, EVERY SINGLEAL ONE OF YOUR DISTRICTS IS IMPACTED BY OZONE AND PARTICULATE MATTER. TO DEMYSTIFY SOMETHING FOR YOU ALL, IF YOU HAVEN'T DEMYSTIFIED FOR YOURSELF, NONE OF THOSE INDUSTRIES OPERATE IN THE CITY, THEY OPERATE IN THE COUNTY. THEY DON'T OPERATE IN THE CITY BECAUSE THE CITY IS GOOD AT PUSHING AWAY BLUTERS BECAUSE THEY HAVE SO MANY PEOPLE IN THEM. UNFORTUNATELY, THE CITY IS ALLOWING THAT TO HAPPEN IN THE COUNTY. THE FIRST AND FOREMOST POINT IS, AND THANK GOD FROM THE PERSON FROM EIB THAT SAID TAKE YOUR TIME WITH THIS. WE'RE WATCHING AND WE'RE VOTING. >> KELLY FOLLOWED BY RICHARD. >> GOOD EVENING, COUNCILOR DAVIS, COUNCIL MEMBERS, I AM THE CEO OF A STATE-WIDE TRADE ASSOCIATION THAT REPRESENTS CONTRACTORS. I STAND BEFORE YOU TO LEND OUR VOICE TO THE IMPORTANT DISCUSSION THAT BUILD THE INFRASTRUCTURE OF THE VIBRANT CITY. WE SUPPORTED THE LEGISLATION, O-23-88 CREATING A NEW AIR QUALITY BOARD FOR ALBUQUERQUE-BERNALILLO COUNTY. WE BELIEVE THIS INITIATIVE NOT TO REPEAL AND REPLACE, BUT APPOINT A BOARD WITH A DIVERSE GOVERNING BODY IS STEP FORWARD. ENSURING IT ENCOMPASSES THE WIDE RANGE OF PERSPECTIVES IS PARAMOUNT. THANK YOU FOR YOUR TIME. >> RICHARD FOLLOWED BY DAVID. >> GOOD EVENING, COUNCILORS. I'M HERE REPRESENTING LOS ADINES. WE'RE HERE TO SUPPORT ONE ISSUE ON ZERO FARES. BUT WE'RE HERE TO ASK YOU NOT TO SUPPORT TWO ORDINANCES COMING IN FRONT OF YOU TODAY. IT AMAZES ME OR US THAT THE ONLY TIME WE HEAR THE BUSINESS COMMUNITY, AND INDUSTRY, NOT ALL OF THEM BECAUSE THERE'S GOOD BUSINESS PEOPLE AND GOOD PEOPLE THAT COME FROM INDUSTRY, BUT WHEN THE COMMUNITY BEGINS TO QUESTION THE AMOUNT OF POLLUTION OF WHAT WE'RE BREATHING ON A DAY-TO-DAY BASIS. AND WE HAVE INDUSTRY TALKING ABOUT ENVIRONMENTAL AND ECONOMIC JUSTICE AND ISSUES MANY OF US HAVE BEEN STRUGGLING AND FIGHTING FOR, MYSELF INCLUDED, OVER 56 YEARS. AS YOU MAKE THIS DECISION, AS YOU'RE AWARE THE CITY OF ALBUQUERQUE IS RANKED 25th IN THIS COUNTRY. WILL WE MAKE NATIONAL HISTORY OF THE CITY COUNCIL THAT VOTED FOR PROFITS OVER INDUSTISTRY? THANK YOU FOR YOUR TIME. >> DAVID FOLLOWED BY JOE. >> COUNCILOR DAVIS, COUNCILORS, I'M A LOCAL SMALL BUSINESS OWNER. AND THE EPC COMMISSIONER FOR DISTRICT SEVEN. THIS IS THE GENERAL COMMENT SECTION, AND YESTERDAY BEING THE CITY COUNCIL ELECTIONS, I WANT TO TAKE THIS OPPORTUNITY TO SAY THANK YOU TO COUNCILOR JONES, COUNCILOR BENTON, AND COUNCILOR DAVIS FOR THEIR SERVICE TO THE COMMUNITY. OUR EFFORTS AND TIME MOVING OUR CITY FORWARD IS GOING TO BE MISSED. THANK YOU FOR THAT. AND COUNCILOR BASSAN, CONGRATS ON YOUR REELECTION EFFORTS. WE LOOK FORWARD TO CONTINUING TO WORK WITH YOU. I WANTED TO SAY THAT I WILL BE SPEAKING AT THE APPROPRIATE TIME IN FAVOR AND SUPPORT OF THE UPCOMING DISCUSSION ON O-23-88 AND R-23-176. THESE ARE VITAL FOR THE WELL-BEING OF THE COMMUNITY AND SUSTAINABLE GROWTH OF OUR CITY. THANK YOU. >> JOE FOLLOWED BY LINDA. >> MR. PRESIDENT, COUNCILORS, I WANT TO SPEAK ABOUT THE PROPOSED ABOLITION OF THE AIR QUALITY CONTROL BOARD. FIRST, I WANT TO TALK ABOUT RESPONSIBILITY, ETHICS AND CHANGE. THE CITY COUNCIL YOU HAVE ACCEPTED REGARDLESS OF YOUR POINT OF VIEW, RESPONSIBILITY FOR THIS CITY AND THE CITIZENS. YOU MUST ACT OR NOT ACT IN THE BEST INTEREST OF THIS CITY. THE PAST LEGISLATION THAT BENEFITS A COMMERCIAL SPECIAL INTEREST AND HARMS THE CITIZENS OF THE CITY, ESPECIALLY THE POOREST CITIZENS IS TO RENOUNCE YOUR DUTY AS COUNCILORS. TO DO SO WOULD BE UNETHICAL. AND IT WOULD BE SHAMEFUL. I ASK YOU, DON'T DO IT. >> LINDA FOLLOWED BY TAD. >> I'M RESIDENT OF ALBUQUERQUE FOR MORE THAN 50 YEARS AND A RESIDENT OF THE SOUTH VALLEY FOR MORE THAN 25 YEARS. I'M ASKING THAT OUR CITY COUNCIL VOTE NO ON RESOLUTION O-23-88, AND R-23-176. REGARDING REMOVAL OF THE AIR QUALITY CONTROL BOARD AND RULE MAKING PROCESS THAT CAN PREVENT AIR POLLUTION AND REGARDING COMMUNITY INITIATED HEALTH INEQUITY. ALBUQUERQUE MUST HAVE CLEAN AIR. WE WERE ONCE KNOWN AS A PLACE TO LIVE BECAUSE OF OUR CLEAN, HEALTHY AIR. NOW WE'RE ONE OF THE TOP MOST POLLUTED METO AREAS IN THE COUNTRY. WE NEED REGULATION TO CLEAN UP OUR AIR. TO MAKE IT SAFE FOR COMMUNITIES OF ALL COLORS AND INCOME TO LIVE AND THRIVE IN IT. WE NEED TO ATTRACT CLEAN BUSINESSES NOT POLLUTING ONES. >> TAD FOLLOWED BY KENNETH. >> THANK YOU. I'M SORRY, I HAVE COLD. ANYWAY. HOW MUCH CAN YOU SAY WITHIN ONE MINUTE? MAXIMUM 30 PEOPLE SIGNING. NOW IT'S CUTTING TO 1 MINUTE. YES, COUNCIL, YOU'RE LIKE LAWYERS. YOU'RE NOT ACTING FOR THE PEOPLE WHO ELECTED YOU. YOU GET ELECTED FOR SPECIAL INTEREST IN THE CITY OVERALL. THAT'S ALL I HAVE TO SAY RIGHT NOW. THANK YOU. >> KENNETH FOLLOWED BY ARTURO. ARTURO FOLLOWED BY SIMON. >> OKAY. CAN YOU HEAR ME? OKAY. GOOD AFTERNOON, COUNCILOR DAVIS, I AM THE MANAGER OF EQUITY AND CULTURE AT CONSERVATION BORDERS. I'M A CHILD OF IMMIGRANTS LIVING IN THE SOUTH VALLEY FOR 21 YEARS. GENERATIONS AGO -- TO -- SOUTH VALLEY COMMUNITIES HAVE TRIED TO ADDRESS POOR HEALTH QUALITY. THE AIR QUALITY CONTROL BOARD IS TAKING ACTION SPECIFIC TO THE AREA THAT ACKNOWLEDGING THE HARMFUL IMPACTS OF LOCATING 90% OF THE POLLUTING INDUSTRY IN OUR HOME. THIS IS A MATTER OF EQUITY AND CONTINUATION OF SYSTEMIC RACISM. THE AIR QUALITY BOARD SHOULD BE COMMENDED. >> SIMON FOLLOWED BY CAMILA ON ZOOM. FOLLOWED BY ANNIE. FOR THOSE ON ZOOM, BE COGNIZANT ON THE TIMER. THANK YOU FOR YOUR PATIENCE. >> THANK YOU. I'M THE DIRECTOR OF THE RIO GRANDE CHAPTER OF THE SIERRA CLUB AND APPOINTED MEMBER OF THE WATER PROTECTION ADVISORY BOARD. BOARDS EXIST TO PROVIDE COUNCIL, LEADERSHIP ON TECHNICAL AND SCIENTIFIC ISSUES. TO BE DELEGATED THE AUTHORITY BY THE STATE AND THE FEDERAL GOVERNMENT REQUIRES THE CITY AND COUNTY ACT PROPERLY TO STAY IN COMPLIANCE WITH THE CLEAN AIR ACT. BERNALILLO IS WITHIN 95% OF EXCEEDING FEDERAL SMOG STANDARDS AND MUST TAKE ACTION TO REMEDY THIS. NOT JUST FOR OUR KIDS BUT ALSO BECAUSE OTHERWISE THE EPA TAKES CHARGE. THIS BOARD'S JOB IS TO ENSURE THE CLEAN AIR THE LAW REQUIRES. THIS IS FUNDAMENTALLY AN ISSUE OF EQUITY. EVERY MEMBER OF THIS COMMITTEE HAS THE RIGHT TO CLEAN AIR. YOU HAVE NAMED A BOARD TO DO THAT WORK. PLEASE LET THEM DO THE WORK TO PROTECT THE AIR. THANK YOU. >> ANNIE FOLLOWED BY FELLICIA. >> HELLO, MY HOUSE IS LOCATED ONE MILE FROM ALBUQUERQUE CITY LINES IN BERNALILLO COUNTY. WE ALL BREATHE THE SAME AIR. THIS IS OUR SHARED AIRSHED. AS I HAVE A SON THAT SUFFERS FROM HEADACHES AND AIR POLLUTION IS A TRIGGER FOR HIS HEADACHES. THIS IS OUR SHARED ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD, IF THIS LEGISLATION PASSES, AND IT DISIF FRANCHISES, BERNALILLO COUNTY RESIDENT AND TAKES AWAY OUR RIGHTS AND REPRESENTATION ON THE AIR BOARD. THIS IS NOT THE TIME TO DISBAND THE AIR BOARD OR PASS A MORATORIUM ON THEIR WORK. WE NEED STRICTER REGULATIONS WE NEED TO PROTECT OUR ELDERLY POPULATIONS. I URGE YOU TO VOTE NO ON THE LEGISLATION. >> FELLICIA FOLLOWED BY RACHEL. >> I'M HERE REPRESENTING UNM LEADERS FOR ENVIRONMENTAL ACTION AND FORESIGHT. WE COME BEFORE YOU -- TO ADVOCATE ON BOTH O-23-88 AND R-23-176. THE REGULATIONS IS TO PREVENT FURTHER HARM CAUSED BY LOOTING INDUSTRIES. THAT ARE WITHIN OUR ALREADY OVERBURDENED COMMUNITIES. THE ALBUQUERQUE COMMUNITY HAS ALREADY AND CONTINUOUSLY -- NECESSITY OF THE REGULATION. WITHOUT A STRONG AIR QUALITY CONTROL BOARD I FEAR THAT THE HEALTH AND WELL BEING OF EVERY NEW MEXICAN WILL BE IN JEOPARDY. I'M ALSO HERE TO ASK YOU TO VOTE YES ON O-23-89 ACCESS TO RELIABLE AND AFFORDABLE TRANSPORTATION OPTIONS SHOULD BE AVAILABLE TO EVERYONE. MOBILITY IS A RIGHT NOT A PRIVILEGE. THANK YOU FOR YOUR ATTENTION. >> RACHEL FOLLOWED BY EMILY. >> GOOD EVENING, MR. PRESIDENT, I'M WITH ALBUQUERQUE HEALTH CARE FOR THE HOMELESS. WE'RE HERE TO ASK FOR YOUR SUPPORT OF O-23-89 TO MAKE THE SUCCESSFUL ZERO FARES PROGRAM PERMANENT. HEALTH CARE FOR THE HOMELESS WE SEE EVERY DAY THE INCREASING NUMBER OF PEOPLE LIVING IN POVERTY AND HOW MANY PEOPLE ARE STRETCHED THIN WITH THEIR FINANCES. TRANSIT DEPENDENT RESIDENTS, SENIORS, FAMILIES, AND ESSENTIAL WORKERS AND PEOPLE WITH DISABILITIES ARE DIRECTLY BENEFITTING FROM FREE TRANSIT. THEY DESERVE ONE LESS THING TO WORRY ABOUT. THE PREVIOUS PROCESS OF SUPPLYING NON-PROFITS WITH DISCOUNTED PASSES COST NON-PROFITS ESSENTIAL DOLLARS AND COST OUR CLIENTS VALUABLE TIME AND ENERGY TRAVELING ALL OVER TOWN TO SECURE A PATH AND GET ON WITH IMPORTANT ACTIVITIES LIKE GOING TO WORK, SCHOOL OR ESSENTIAL MEDICAL APPOINTMENTS. WE'D LIKE TO THANK THE CITY COUNCIL FOR TAKING THE INCREDIBLE AMOUNT OF TIME YOU HAVE TO BE INVESTED IN A THOUGHTFUL PROCESS OF ASSESSING THE PILOT PROGRAM AND FOR MAKING ART AND SUN VAN PERMANENTLY FREE. THANK YOU FOR YOUR TIME. >> EMILY FOLLOWED BY ONA. >> EMILY, WE CAN'T HEAR YOU. THERE APPEARS TO BE AN ISSUE WITH YOUR MIC. >> CAN YOU HEAR ME? >> WE CAN HEAR YOU NOW. >> APOLOGIES. I AM A MASTER'S DEGREE STUDENT IN COMMUNITY AND REGIONAL PLANNING AT THE UNIVERSITY OF NEW MEXICO. I WORK IN SOUTH VALLEY. I'M CALLING FOR THE COUNCIL TO VOTE NO TO THE TWO RESOLUTIONS ATTEMPTING TO ABOLISH THE AIR BOARD. THE HIGHLY SUSPICIOUS TIMING OF THIS PROPOSED RESOLUTION MAKES IT CLEAR THAT THE GOAL IS NOT TO IMPROVE THE AIR BOARD BUT RATHER TO BLOCK DEMOCRATIC PROCESSES AND UPCOMING HEARINGS IN THE NEXT MONTH SUCH AS THE HEI REGULATION. THIS MOVE IS THEREFORE A BLATANT OBINSTRUCTION OF JUSTICE AND SELF-SERVING TO COUNCILOR LEWIS'S PERSONAL AIM AND DISMISSIVE TO PUBLIC HEALTH AND WELL BEING WHICH CAN BE WITH THE CONTINUED SUPPORT OF THE AIR BOARD. PLEASE DON'T ALLOW THIS POWER GRAB TO TAKE PLACE. PLEASE DO NOT FORGET THERE IS NO ECONOMIC DEVELOPMENT WITHOUT HEALTHY PEOPLE. HEALTHY PEOPLE MUST COME FIRST AND IT'S THE DUTY OF THIS BOARD TO UPHOLD THAT. THANK YOU. >> ONA FOLLOWED BY LANCE. >> GOOD EVENING, COUNCILORS, TONIGHT I SPEAK AS THE FOUNDER OF PROSPERITY WORK AND AN APOINTED MEMBER OF THE OVERSIGHT COMMITTEE. WHICH HAS THE RESPONSIBILITY FOR UNDERSTANDING, AND ACTING ON BEHALF OF LIMITED INCOME PEOPLE WHO HAVE BEEN MARGINALIZED SYSTEMICALLY OVER AND OVER AGAIN. IN THESE TWO REGARDS AND WOULD LIKE TO TELL YOU THAT THE COMMUNITY NEEDS AND WANTS THE ZERO FARES TO BE MADE PERMANENT. AS AN EQUITY ISSUE. AND ALSO THE AIR BOARD BE MAINTAINED AS IT CURRENTLY IS. THESE ARE CRITICAL ISSUES FOR THE COMMUNITY AND WE ASK YOU TO HEAR COMMUNITY WHICH WE BELIEVE IS YOUR JOB. PROFITS OVER PEOPLE NEEDS TO STOP. THANK YOU. >> LANCE FOLLOWED BY MAUREEN. >> I'M THE USA SWIMMING NEW MEXICO OFFICIAL CHAIR. I'M SPEAKING IN FAVOR OF THE NORTH DOMINGO BACA AQUATIC CENTER. I'VE SEEN WHERE THIS IS BENEFITTED COMMUNITIES SUCH AS MISSISSIPPI, AND ALABAMA WHEN THEY PUT A POOL IN OF THIS QUALITY. YOU'LL BE ABLE TO INVITE SEVERAL DIFFERENT EVENTS WHICH WILL BRING IN THOUSANDS OF SWIMMERS. I URGE YOU TO SUPPORT THE POOL AND FUND IT AS SOON AS YOU POSSIBLY CAN. THANK YOU. >> MAUREEN FOLLOWED BY ROSEMARY. YOU'RE MUTED. >> I WOULD LIKE TO ASK YOU TO KEEP THE AIR BOARD AS IT IS. DOING SO WILL ALLOW THE BOARD TO ADDRESS THE CONCENTRATION OF POVERTY IN VULNERABLE COMMUNITY AREAS. AND I'D ALSO ASK YOU TO SUPPORT R-178 TO PROVIDE HOMELESS ENCAMPMENTS. IT WILL ENABLE THEM TO GET OFF OUR STREETS AND BE HUMANE FOR THEM. THANK YOU. >> ROSEMARY FOLLOWED BY JANICE. >> THE HOST STOPPED MY VIDEO. >> THERE YOU GO. >> MEMBERS OF THE COUNCIL, I RESIDE IN DISTRICT TWO. I'LL BE SPEAKING LATER IN MY INDIVIDUAL CAPACITY AND MEMBER OF THE PROGRAM ADVISORY BOARD OF THE AMERICAN SERVICE COMMITTEE. NEW MEXICO PROGRAMS. IN OPPOSITION TO RESOLUTION O-23-88 AND R-23-176. I SPEAK AS AN INDIVIDUAL VOTER. I URGE THE COUNCIL TO LET YOUR DECISIONS BENEFIT THE MEMBERS OF THE COMMITTEE WHO HAVE THE GREATEST NEED OF YOUR CARE. IF THE PEOPLE CANNOT RELY ON YOU WHEN THEY NEED SUPPORT OF THE COMMUNITY. WHO CAN THEY TURN TO? FOR THIS REASON I ASK YOU TO MAKE PERMANENT THE ZERO TRANSIT FARES AND SUPPORT THE RESOLUTION REVISITING THE SAFE OUTDOOR SPACES REQUIREMENTS IN LIGHT OF THE INJUNCTION THAT THE CITY IS HAVING TO RESPOND TO APPROPRIATELY IN REGARD TO PROHIBITING SWEEPS OF UNHOUSED PEOPLE. AND I'M NOT GOING TO TAKE UP ANY MORE TIME. I WANT TO SAY TO COUNCILOR DAVIS, THANK YOU FOR YOUR WORK THROUGHOUT THIS YEAR-PLUS AS PRESIDENT OF THE COUNCIL. MY CAT WANTED TO SAY GOOD-BYE. >>COUN. DAVIS: I'M HAP A TO SEE SHE'S DOING WELL. THANK YOU FOR LETTING HERE SEE ME. >> SHE IS DOING WELL AND HOPEFULLY THE PEOPLE THAT RIDE THE BUSES AND NEED THOSE SAFE OUTDOOR SPACESES WILL ALSO DO WELL. THANK YOU. >> JANICE FOLLOWED BY MARSLINE. YOU'RE MUTED. YOU'RE MUTED. YOU'RE STILL MUTED. WE'LL COME BACK TO YOU. MARSLINE FOLLOWED BY KAY. >> HI, COUNCILORS, GOOD EVENING. A COLD EVENING THAT AT THAT. THOSE WHO HAVE BEEN PRICED OUT OF THE BASIC HUMEP RIGHT ARE FIGHTING FOR THEIR LIVES EVERY DAY ON OUR STREETS. PEOPLE FEEL ABANDONED OUT THERE. WE NEED TO GET AHEAD OF THE CRISIS. IT'S CLEAR FROM CITIES AND PROGRESS THE ONLY PATH FORWARD IS RENT PROTECTION AND HOUSING FIRST. WE CAN PRAY THE HOUSING MEASURES WILL WORK, BUT SITTING BACK ISN'T THE JOB THE PEOPLE ELECTED THIS MAY ANSWER COUNCIL FOR. WE NEED TO BE THE ADULTS AND TAKE ACTION. PLEASE MAKE MEASURES LIKE HOUSING FIRST AND RENT CONTROL A CITY PRIORITY. PLEASE SERVE THE COMMUNITY THAT ELECTED YOU NOT THE DEVELOPERS THAT BOUGHT YOU. >> KAY FOLLOWED BY JANUS. >> GOOD EVENING, COUNCILOR DAVIS, CITY COUNCIL, I'M PROVIDING COMMENT ON BEHALF OF THE WILLERNESS SOCIETY. HERE TO SUPPORT MAKING ZERO FARES PROGRAM PERMANENT AND ASK YOU TO VOTE NO ON ABOLISHING THE AIR QUALITY CONTROL BOARD. -- I SAW HOW CRUCIAL PUBLIC TRANSIT WAS FOR ACCESSING EDUCATION AND HEALTH CARE. ELIMINATINGING FARES MEANS DEPENDENT RIDERS CAN PUT TRANSPORTATION COSTS TOWARD OTHER LIFE EXPENSES LIKE PUTTING FOOD ON THE TABLE AND KEEPING LIGHTS ON. WE'RE AT THE PRECIPICE OF A HISTORIC MOMENT. BY VOTING TO MAKE IT PERMANENTLY FREE AND INVEST IN MECHANISMS TO IMPROVE AIR QUALITY YOU'LL BUILD A CONNECTED AND THRIVING COMMUNITY WHILE HELPING FOLKS HAVE ACCESS TO CLEANER AIR, WATER, AND LAND. THANK YOU. IT APPEARS YOU'RE HAVING ISSUES WITH YOUR MIC. I'LL DISCUSS IT WITH MR. PRESIDENT AND WE'LL SEE ABOUT GETTING YOU ON. I'M SORRY. THAT DOES CONCLUDE GENERAL PUBLIC COMMENT. >>COUN. DAVIS: THANK YOU. WELL-DONE MANAGING THAT. WE APPRECIATE IT. COUNCILORS, AND FOLKS FOLLOWING ALONG. NEXT UP IS OUR APPEALS. WE HAVE NONE. WE'RE GOING TO MOVE INTO APPROVALS AND WE'LL GO TO FINAL ACTION. FIRST UP IS EC-377. THE MAYOR'S RECOMMENDATION OF AWARDING -- THAT'S THE NUMBER OF PEOPLE SIGNED UP. WE HAVE OTHER PUBLIC COMMENT ON THE BILLS THEMSELVES WHEN WE GET TO THEM. HOLD ON. OUR PUBLIC COMMENT IS FOR 30 PEOPLE. THE BILLS HAVE OTHER PEOPLE. FIRST IS EC-377 THE MAYOR'S RECOMMENDATION FOR THE FOOD AND BEVERAGE CONCESSION AT THE SUN PORT. I'LL MOVE APPROVAL. IF THERE'S A SECOND? SECOND FROM COUNCILOR BASSAN. LET ME MAKE A QUICK NOTE. AND WE'LL GET INTO THIS A LITTLE BIT. THE RECOMMENDATION OF AWARD FOR THIS CONTRACT HAS BEEN APPEALED TO THE DISTRICT COURT. WHILE THAT MATTER IS PENDING, THE CITY LEGAL ADVISES THE COUNCILORS SHOULD NOT DISCUSS A PROCUREMENT PROCESS. WHEN WE GET TO THAT POINT WE'LL LEAN ON LEGAL AND DECIDE HOW TO PROCEED IF WE CAN PROCEED WITH THE MOTION OR WHETHER WE NEED TO DEFER OR TAKE OTHER ACTION. WE'LL TAKE IT FROM THERE. SEE WHERE WE GO. I DON'T THINK WE HAD -- WE DON'T HAVE COMMENTERS ON THIS ITEM? WE DO. LET'S GO THERE AND WE'LL GET TO THE ACTUAL ITEM. >> THANK YOU, MR. PRESIDENT. WE HAVE LEANA FRESQUEZ FOLLOWED BY ABEL ON ZOOM. >> COUNCIL MEMBERS, THANK YOU IN ADVANCE FOR YOUR CONSIDERATION ON THE RECOMMENDATION TO BE APPROVED FOR THE ALBUQUERQUE CONTRACT. FOR THE AIRPORT CONTRACT. I'M PRESIDENT OF FRESQUEZ. AS A SECOND GENERATION STAKEHOLDER I FEEL IT'S IMPORTANT TO SHARE THE LEGACY TO EMPOWER LEADERS TO TAKE OWNERSHIP OF ALL FACETS OF THEIR LIVES AS WELL AS FOR THEM TO BELIEVE THERE'S ALWAYS MORE POSSIBLE IN THEIR LIFE. WE CULTIVATE STEWARDSHIP IN LEADERS RESULTING IN GENERATIONS OF COMMUNITIES IMPACTED. OUR PROPOSAL TO OPERATE OUR BELOVED SUN PORT OVER THE NEXT 12 YEARS IS A REFLECTION OF OUR LEGACY. EACH BRAND WAS INTENTIONALLY CHOSEN FOR THE COMMUNITY ENGAGEMENT, COMMUNITY RECOGNITION. MOST IMPORTANTLY MANY OF THE BRAND ALIGN AND WITH OUR VALUES AND ARE FAMILY OWNED AND OPERATED. AS AN ORGANIZATION WE'VE INCLUDED PAY INCREASING AND OFFERING FREE EMPLOYEE ASSISTANCE AND A GENEROUS 4O1K. AND APPRECIATE YOUR CONSIDERATION AND TRUST THAT OUR EXPERIENCE WILL REPRESENT NEW MEXICO EXCEPTIONALLY AND HAVE A GOOD IMPACT TO THE ECONOMY AND WORKFORCE. THANK YOU FOR YOUR CONSIDERATION. >> ABEL. >> GOOD EVENING, COUNCILORS. I WOULD LIKE TO SHOW SUPPORT FOR 23-3-77. I FEEL THE SAME WITH LOCAL BUSINESS AND COMPANIES IS THE PATH WE SHOULD TAKE. YOU'RE NOT ONLY WORKING WITH LOCAL BUSINESSES, THEY'RE A LARGE SUPPORTER OF THE LOCAL COMMUNITY AND EMPLOYEES. THE REVENUE WILL STALE IN NEW MEXICO AND NOT GO OUT OF STATE. THANK YOU FOR YOUR TIME. >> THAT CONCLUDES COMMENT ON 377. >>COUN. DAVIS: THANK YOU. FOR THE RECORD THAT OTHER SPEAKER DID NOT APPEAR? >> THAT'S CORRECT. >>COUN. DAVIS: WE'RE BACK ON THE MATTER. LET'S START HERE. FROM THE ADMINISTRATION, BRIEFLY, I KNOW THIS IS A FAIRLY BIG CONTRACT BUT IF THE ADMINISTRATION HAS ANY PRESENTATION OR INTRODUCTION, OTHERWISE WE'LL GO TO QUESTION FROM COUNCILORS. HOW DO YOU WANT TO PROCEED? >> THANK YOU, COUNCILOR DAVIS. WE HAVE FOLKS AVAILABLE TO SPEAK ON THE MATTER AND I THINK THEY WOULD BE BEST FIRST IN FIELDING COMMENTS OR QUESTIONS. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. I HAVE A COUPLE QUESTIONS. WHAT ARE SOME OF THE LOCAL BRANDS THAT WILL BE REPRESENTED IN THE NEW FOOD HALL AT THE SUN PORT? >> THANK YOU FOR HAVING US. COUNCILOR DAVIS, COUNCILOR GROUT, I HAD THE SMEs HERE INVOLVED IN THE PROCESS. I'LL LET THEM COME UP AND SPEAK ON THE ITEM. >> GOOD EVENING, COUNCILORS. COUNCILOR DAVIS, COUNCILOR GROUT, THANK YOU FOR YOUR QUESTION. SEVERAL LOCAL BRANDS WILL BE REPRESENTED IN THE NEW PROGRAM. THIS RECOMMENDATION OF AWARD IS FOR 12 OF THE 16 FOOD AND BEVERAGE UNITS. OF THOSE 12 UNITS THAT WE WOULD BE OPERATING, WE HAVE COMPANIES LIKE TWO BREWERIES, SANTA FE BREWERY, AND SADIES. WE HAVE AN ANA PURNA BRAND. AND WE HAVE MANY LOCAL PRODUCTS. WE'LL HAVE A WHOLE SUITE OF LOCAL PRODUCTS. THERE'S A COUPLE NATIONAL BRANDS, BUT THE BALANCE IS IN FAVOR OF THE REPRESENTATION OF LOCAL BRANDS. AND WE'RE PROUD OF IT. >>COUN. GROUT: THAT'S WONDERFUL. MY FOLLOW UP QUESTION. ARE THESE COMPANIES CONSIDERED SOLID, WELL-MANAGED COMPANIES? >> I THINK THE CONCESSIONER CAN ANSWER THAT BETTER THAN I CAN. BECAUSE THEY ARRANGE THE DEALS WITH THE COMPANIES. MY PERSONAL EXPERIENCE WITH THESE COMPANIES, I'VE BEEN IN NEW MEXICO A LONG TIME, I WAS RAISED IN NEW MEXICO IN THE SOUTH VALLEY IN ALBUQUERQUE, IS THAT THEY ARE. VERY WELL-ESTABLISHED COMPANIES, AND WELL-MANAGED. I ALSO FORGET TO MENTION ANOTHER ONE, THE GROVE. THEY'RE PART OF THE PROGRAM AS WELL. A LOT OF US KNOW THAT BRAND WELL. >>COUN. GROUT: THANK YOU. THAT'S ALL THE QUESTIONS I HAVE. >>COUN. BASSAN: MR. PRESIDENT, I THINK YOU ALLUDED YOU MIGHT GET INTO THIS. I WONDER WHAT PASSING THIS MIGHT MEAN LEGALLY OR WHAT CONSEQUENCES OR WHAT WE NEED TO WORRY ABOUT WHEN IT COMES TO THE PENDING SUIT? >>COUN. DAVIS: WILL YOU TALK ABOUT THE CURRENT STATUS? >> I THINK MS. BRADLEY CAN ANSWER THE QUESTION. >>COUN. DAVIS: WELCOME BACK. >> HI, THERE. COUNCILOR DAVIS, COUNCILOR BASSAN, THE QUESTION OF HOW DOES THE NOTICE OF APPEAL AFFECT THE PROCUREMENT MOVING FORWARD? >>COUN. BASSAN: MR. PRESIDENT, YES. IF THIS WERE TO BE PASSED, AND DEPENDING ON THE VERDICT OR WHATEVER THE DECISION IS IN THE APPEAL, HOW WOULD THAT HAVE A LONG-TERM EFFECT? WOULD WE HAVE TO MAKE CHANGES OR SHOULD WE WAIT? WHAT IS THE BEST COURSE OF ACTION MOVING FORWARD SO WE DON'T GET IN A LITTLE BIT AHEAD OF OURSELVES IF THERE'S SOMETHING HAPPENING LEGALLY? >> AT THIS POINT, I BELIEVE THERE'S AN OPTION TO FILE AN INJUNCTION IF THEY WANT US TO STOP. I DON'T WANT TO GET INTO TOO MUCH OF THE LEGAL PART OF IT. SINCE WE HAVE BEEN NOT ASKED TO STOP BY THE COURT, WE'RE ASSUMING WE'RE GOING TO MOVE FORWARD AND ARE AUTHORIZED TO MOVE FORWARD. >>COUN. BASSAN: IT'S OKAY TO DO THIS, IF WE PASS THIS, WE'RE NOT GOING TO GET IN TROUBLE WITH THE COURT. WE'RE NOT GOING TO HAVE THE CONCESSIONER MOVE IN AT THE AIRPORT AND THEN HAVE TO BACKTRACK IF THE COURT SAYS NEVER MIND? >> COUNCILOR BASSAN, MEMBERS OF THE COUNCIL, NO. THERE'S NO ORDER IN PLACE PREVENTING US FROM PROCEEDING WITH THE AWARD. THE STANDARD PROCEDURE IN THESE CASES IS PROCEED WITH AN AWARD. WE GET DEALS FREQUENTLY. WE DON'T HALT THEM PENDING THE APPEALS. I DON'T THINK THE TIMING WILL WORK IN A WAY WHERE WE'RE IN A DIFFICULT SITUATION. I THINK THIS IS WILL BE RESOLVED FRARLY QUICKLY. >>COUN. BASSAN: THANK YOU. >>COUN. DAVIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I DID NOT KNOW ABOUT THE APPEAL UNTIL TONIGHT. IF I ASKED THE QUESTIO -- QUESTIONS ABOUT THE PROCESS BY WHICH WE CHOSE THIS VENDOR. IT'S MY UNDERSTANDING THERE WERE THREE RESPONSES TO THE RFPs AND THE STICKING POINT WAS THE $1,000 AT LEAST IN CAPITAL THAT IS PROMISED BY EACH OF THE VENDORS. AND ONLY ONE OF THE RESPONSES WAS MET THAT LEVEL. IS THAT TRUE? >> I FAILED TO INTRODUCE MYSELF EARLIER, I'M THE COMMERCIAL DEVELOPMENT MANAGER AT THE SUN PORT. COUNCILOR FIEBELKORN, THANK YOU FOR YOUR QUESTION. YES, THAT'S CORRECT. >>COUN. FIEBELKORN: SO, EVEN THOUGH THE THOUSAND DOLLARS PER SQUARE FOOT IS NOT SPELLED OUT IN THE APPLICATION, YOU ARE CONFIDENT WE'LL GET TO THAT $1,000 PER SQUARE FOOT INVESTMENT WITH THE NEXT ROUND OF NEGOTIATIONS? CAN YOU TALK ABOUT THAT? >> WE'RE CONFIDENT. WE'RE IN NEGOTIATIONS WITH FRESQUEZ CONCESSIONS ON THE LEASE AGREEMENT. WE WILL ENSURE THAT THE THRESHOLD FOR INVESTMENT IS MET IN THAT PROCESS. >>COUN. FIEBELKORN: THANK YOU. ONE MORE QUESTION. THIS MIGHT BE BEST FOR SOMEONE IN THE ADMINISTRATION. I ALSO -- MY UNDERSTANDING IS THAT THERE WAS AN IPRA REQUEST ON SOME OF THE THINGS. AND IT MAY OR MAY NOT HAVE BEEN PROVIDED IN A TIMELY MANNER. I JUST WONDERED IF WE CAN GET THE INFORMATION ON OUR IPRA RESPONSE. I SEE THE CLERK. THANK YOU. >>COUN. DAVIS: WELCOME. THANKS FOR VOLUNTEERING. >> I HEARD THIS AND I CAME RUNNING. WE DID RECEIVE AN IPRA REQUEST RELATED TO THE RECORDS. WE DID RECEIVE THE REQUEST RELATED TO THE MATTER. AS YOU KNOW THE CITY RECEIVES A SHOCKING NUMBER OF PUBLIC RECORDS REQUEST. WE RECEIVE A THOUSAND A MONTH. EACH OF THE STAFFS ARE WORKING BETWEEN 100 AND 150 REQUESTS AT A GIVEN TIME. WE CAN TAKE MORE THAN 15 DAYS TO PROCESS A REQUEST. WE DID SO IN THIS INSTANCE. WE CLOSED IT IN 19 DAYS. WHICH GIVEN THE TECHNICAL NATURE OF THE DOCUMENT REQUIRED REDACTION, I THINK IT WAS TIMELY. WE PROVIDED EVERYTHING. WE HAVEN'T HEARD ANYTHING WAS NOT PROVIDED. >>COUN. FIEBELKORN: THANK YOU. I JUST WANTED TO SAY I APPRECIATE THE VARIETY OF LOCAL BUSINESSES INCLUDED IN THIS CONTRACT AND VERY EXCITED TO GET MY MEAL AT THE AIRPORT SOON. >>COUN. DAVIS: THANK YOU, COUNCILOR. WHILE WE HAVE YOU, AND I'LL GO BACK TO AVIATION. I DON'T DISAGREE. WE'RE WORKING TO FUND THAT AND WORKING ON THE IPRA ISSUES. I THINK THE QUESTION THAT CAME UP THROUGH THIS IS IF IT TAKES US LONGER THAN 15 DAYS AND THERE'S A REASONABLE REASON FOR THAT TO HAPPEN, DID WE PROVIDE NOTICE BY THE 15th DAY THAT IT'S GOING TO TAKE US A LITTLE BIT? >> THE -- WE DID NOT PROVIDE IT. BUT WE PROVIDED THE CLOSURE LETTER IN 19 DAYS WHICH IS CASE LAW SAYING THAT'S ADMISSIBLE. >>COUN. DAVIS: THANK YOU. I SHARE SOME OF THE SAME QUESTIONS. I DON'T HAVE A DOG IN THIS FIGHT. I THINK BOTH PETITIONERS BROUGHT A VARIETY OF LOCAL BRANDS. I THINK IT'S WELL-DONE. I THINK THE ADMINISTRATION DID THIS ONE RIGHT. PUT TOGETHER A PACKAGE AND MADE REQUESTS TO INCLUDE LOCAL BRANDS THAT DIVERSIFY AND ENSURE THERE'S AN EXPERIENCED OPERATOR AND SET ASIDE OPPORTUNITIES FOR OTHERS. I THINK IT'S A SMART WAY TO DO IT. I DON'T DISAGREE WITH THAT AT ALL. MY CONCERN IS IF, AS WE KNOW, THIS HINGES ON THE DEFINITION OF CAPITAL IMPROVEMENT OR INVESTMENT. SO, WHEN IN THE PROCESS WHEN IT WAS DISCOVERED THAT RESPONDENTS WERE INTERPRETING THAT DIFFERENTLY, HOW DID THE PROCESS EVALUATE THAT? DID WE RESPOND BACK TO THEM AND ASK FOR CLARIFICATION? DID WE SET A STANDARD? WAS IT DEFINED IN THE ORIGINAL RFP WITH A DEFINITION? >> COUNCILOR DAVIS, CAN I ANSWER -- CAN I MAKE SURE IT'S OKAY? >>COUN. DAVIS: SURE. >> THANK YOU FOR GIVING ME THE OPPORTUNITY TO ASK HER. WE GIVE THE VENDORS THE OPPORTUNITY TO CLARIFY. WE REACHED OUT AND SAID CAN YOU CLARIFY THIS FOR US. AND THEY HAD THE OPPORTUNITY TO TELL US WHAT THEIR PROPOSAL WAS ABOUT. I CAN'T SAY MORE THAN THAT. EVERYONE WAS GIVEN AN OPPORTUNITY TO EXPLAIN WHAT WAS IN THEIR PROPOSAL AND HOW IT MET THE THRESHOLD. >>COUN. DAVIS: I APPRECIATE THAT. HERE'S MY CONCERN. I UNDERSTAND THAT. I UNDERSTAND THE DEPARTMENT BELIEVES IT DID ITS THING. IT DID IT APPROPRIATELY. WHEN I REVIEW, NOW HAVING AT THE END OF ALL THIS AND SEE THE INITIAL RFP AND SEE THE WAY THE SCORING WAS DONE, THERE WAS QUESTION OF THE SCORING PROCESS OF WHETHER IT WAS DEFINED APPROPRIATELY. MY CONCERN IS THAT IN THE INITIAL PROCESS OR IN THE REVIEW, A TERM THAT WAS REQUIRED FOR -- ONE OF THE STANDARDS THAT THE RESPONDENTS WERE REQUIRED TO MEET WAS NOT DEFINED. THEY DEFINED IT IN THEIR OWN WAY BASED ON EXPERIENCE OR INTERPRETATION. AND ONE WAS DISQUALIFIED BECAUSE WHATEVER REASON. WHETHER IT DIDN'T MEAN THE STANDARD OR DIDN'T GET THE RIGHT INFORMATION. WE HAVE TO BE CAREFUL ABOUT HOW WE GET INTO THAT. MY CONCERN IS WE NEED TO BE SURE THAT WE EVALUATE THESE ON AN EQUITABLE PLANE AND ENSURE EVERYONE IS EVALUATED EQUALLY. OR THEY'RE ABLE TO GO BACK AND RECONFIGURE HOW THEY COUNT DOLLARS FOR SERVICES AND CAPITAL AND WHATEVER THEY WANT TO DO TO BE EQUITABLE. I DON'T SEE THAT HERE. I'M CONCERNED WE GET THIS RIGHT. APPEAL ASIDE, MY INCLINATION WOULD BE TO AND THE ADMINISTRATION TO EVALUATE THAT PROCESS. I UNDERSTAND THE ADMINISTRATION THINKS THAT'S BEEN DONE. IT DOESN'T MEET TO MY SATISFACTION THAT WE ESTABLISHED THAT STANDARD CLEARLY ENOUGH FROM THE BEGINNING. I'M NOT INCLINED TO APPROVE THIS AT THE MOMENT BUT DEFER THIS UNTIL THE NEXT MEETING WHICH IS IN ABOUT 10 DAYS. TO ALLOW THE PARTIES TO DISCUSS THIS AND FIND A RESOLUTION OR ANSWER OTHER QUESTIONS THAT WE'RE NOT ALLOWED TO ASK IN THE PUBLIC WAY. LET ME SEE IF THERE'S OTHER COUNCILORS, BUT I'M INCLINED TO MOVE THIS TO THE 20th TO RESOLVE QUESTIONS WE'RE NOT ALLOWED TO ASK IN PUBLIC. >> I JUST WANT TO SAY AT CITY LEGAL, WE FEEL THE APPLICANTS WERE TREATED EQUALLY. WE DID REACH OUT TO COUNCIL SERVICES MONDAY MORNING AND OFFER THAT PEOPLE WOULD BE AVAILABLE TO ANSWER QUESTIONS OUTSIDE THE PROCEEDING. I BELIEVE THERE WAS AN EMAIL SENT MAKING THAT OFFER AS WELL. I DON'T KNOW -- I ASK MS. BRADLEY WHETHER THE DELAY WOULD IMPACT THE PROCEEDINGS. >> COUNCILORS, A SHORT DELAY IN THE PROCESS WOULD NOT MATERIALLY IMPACT THE CONSTRUCTION SCHEDULE. A SIGNIFICANT DELAY, MANY WEEKS OR MONTHS, COULD HAVE A DETRIMENTAL IMPACT ON OUR ABILITY TO FINALIZE THE CONTRACT. AND TO LAUNCH OUR REIMAGINED CONCESSIONS PROGRAM. THAT IS TARGETED TO OPEN THE NEW FOOD HALL NEXT SEPTEMBER BEFORE BALLOON FIESTA. >>COUN. DAVIS: I APPRECIATE THAT. LET ME ASK REALLY QUICK, IF THE COUNCIL WERE TO REJECT THIS AND SEND IT BACK FOR A REEVALUATION, I DON'T THINK IT HAS TO BE REPOSTED, IT HAS TO BE REEVALUATED OR SCORED, HOW WOULD THAT PROCESS WORK? >> PRESIDENT DAVIS, COUNCIL HAS THE OPTION TO SAY YES OR NO. IF IT SAYS NO, WE WOULD HAVE TO REDO THE RFP. >>COUN. DAVIS: IF THE ADMINISTRATION WITHDREW? >> IF WE WERE TO DEFER IT, I THINK WE COULD SPEAK ABOUT SOME OF THE QUESTIONS? YEAH. ONCE THE AD HOC COMMITTEE MADE THE DECISION THAT IS THE RECOMMENDATION. >>COUN. DAVIS: LET'S GO BACK TO COUNCILOR GROUT. >>COUN. GROUT: I HAVE ANOTHER QUESTION ABOUT THE RFP PROCESS. IS THE RFP THAT'S BEEN OUT, IS IT A STANDARD RFP CONTRACT OR PROPOSAL ASK THAT IS USED ACROSS THE NATION? OR IS IT SPECIFIC TO ALBUQUERQUE? >> COUNCILOR DAVIS, COUNCILOR GROUT, OUR RFP IS TAILORED SPECIFICALLY TO CITY OF ALBUQUERQUE. HOWEVER, THERE'S A LOT OF STANDARD PROVISIONS IN IT THAT ARE BEST PRACTICES THROUGHOUT THE NATION. WE BREAK IT DIDN'T SEPARATE PARTS, PART ONE IS INSTRUCTIONS. PART TWO IS WHAT WE LOOK AT AS FAR AS WHAT COMES IN WITH THE PROPOSALS. PART THREE IS THE SECTION WHERE THE LEASE AGREEMENT OR SCOPE OF WORK IS AND PART FOUR IS OUR EVALUATION FACTOR. THAT IS THE SAME ACROSS ALL OF THE RFP. VERY SIMILAR ACROSS THE NATION AND OTHER MUNICIPALIIES IN THE STATE OF NEW MEXICO. >>COUN. GROUT: THANK YOU. >>COUN. DAVIS: ANYTHING ELSE? OTHER QUESTIONS? COUNCILOR PEÑA. >>COUN. PEÑA: SO, I GUESS THE RFP PROCESS YOU'RE SAYING YOU FEEL LIKE YOU TREATED EVERYBODY EQUITABLY AND THIS PROCESS WAS THE PROCESS AND WE OFTEN DO HAVE APPEALS THAT COME IN FRONT OF US. SO WHEN WE LOOK AT THE COMPANIES THAT WERE SELECTED WE HAVE A COMPANY THAT'S BEEN THERE ACTUALLY FOR OVER 20-PLUS YEARS. A LOCAL COMPANY, THE OTHER COMPANY WAS THIS LOCAL COMPANY? OR WAS IT A NATIONAL COMPANY? >> THEY'RE A NATION-WIDE COMPANY THAT DOES AIRPORT CONCESSION. >>COUN. PEÑA: THAT WAS MY UNDERSTANDING. I THINK I REALLY COMMEND YOU GUYS FOR -- WE HAVE A LOCAL BUSINESS OWNER WHO REALLY -- EVERYBODY KNOWS THE FRESQUEZ FAMILY. THEY REALLY EXPANDED THEIR BUSINESS. STARTED HERE IN ALBUQUERQUE AND HAVE DONE A REALLY GOOD JOB OF PARTNERING WITH OTHER COMPANIES AND WORKING THROUGHOUT. I THINK THEY WORK IN OTHER AIRPORTS AND THEY STARTED HERE OUT OF ALBUQUERQUE. I THINK IT'S A REAL SUCCESS STORY ABOUT THEM AND THE WORK THEY'VE DONE OVER THE YEARS. I TRUST YOU SAY YOU FELT THE PROCESS WAS FOLLOWED. I TRUST THAT. I'M READY TO MOVE THIS. THANK YOU. >>COUN. DAVIS: COUNCILOR SANCHEZ AND THEN BACK TO COUNCILOR FIEBELKORN AND COUNCILOR LEWIS. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. I THINK IT'S REALLY IMPORTANT THAT WE HAVE A LOCAL COMPANY THAT ACTUALLY PASSES THE PROCESS. IF IT WAS A REALLY GOOD PROCESS THAT WAS HANDLED, I HAVE TO COMMEND A LOCAL COMPANY THAT GOT IT DONE. I THINK IT'S REALLY IMPORTANT THEY PLAYED BY ALL THE RULES WHICH YOU GUYS ARE TELLING US THEY DID. AND WE ALSO HAVE YOU GUYS GIVING THEM THE OPPORTUNITY TO ACTUALLY HAVE OUR COUNCILORS ASK THE QUESTION. THAT'S SOMETHING I ASKED BEFORE. IT'S GOOD THAT CAME THROUGH. I DIDN'T HAVE ANY FURTHER QUESTIONS AFTER WE GOT THE EMAIL AND REQUESTS. I THINK THAT YOU ACTUALLY DID YOUR DUE DILIGENCE BY CONTACTING US. I THINK THAT'S REALLY IMPORTANT. SO, I'M INCLINED TO REALLY SAY CONGRATULATIONS TO A LOCAL COMPANY THAT WENT THROUGH A STRINGENT PROCESS TO GET THIS DONE. I'M READY TO MOVE FORWARD ON THIS. THANK YOU. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I WAS GOING TO SAY, I HIGHLY ENCOURAGE, IF WE DON'T PASS THIS TONIGHT, RATHER THAN SAYING NO, A DEFERRAL IN THE TIME PERIOD COULD TAKE THEM UP ON BRIEFING. I HAD ONE TODAY. IT WAS REALLY INCREDIBLY HELPFUL. THEY WERE ABLE TO SHARE DETAILS THAT I'M NOT GOING TO ASK THEM TO SAY IN PUBLIC. IT WAS A REALLY USEFUL TIME TO LEARN MORE ABOUT THIS PROCESS. I THANK THEM ALL FOR GIVING UP THEIR TIME AND OFFERING THOSE BRIEFINGS TO EVERYBODY. >>COUN. LEWIS: MR. PRESIDENT, I DON'T SEE ANY REASON TO REJECT THIS. I THINK WE HAVE THIS ACCEPT OR REJECT. THE ONLY EVIDENCE BEFORE US IS THIS APPLICANT WENT THROUGH THIS PROCESS AND AWARDED THIS CONTRACT AND IN A VERY FAIR WAY AND FOLLOWED THE PROCESS. THERE'S ALWAYS APPEALS AND THINGS LIKE THAT, RIGHT NOW BEFORE US IS THIS. UNTIL WE HAVE OTHER EVIDENCE THAT COMES TOWARD US IN THAT WAY WE SHOULD CONSIDER THAT, UNTIL THAT I DON'T THINK WE SHOULD CONSIDER THINGS WE'VE HEARD IN EMAILS AND THINGS LIKE THAT OF WHAT TYPICALLY COULD HAPPEN. WE SHOULD ACCEPT THIS. >>COUN. DAVIS: THANK YOU. SEEING NO OTHER DISCUSSION. I'D BE INCLINED TO DEFER THIS. WE'LL CALL THIS MATTER. ANYTHING ELSE? >>COUN. LEWIS: THERE'S NO DEFERRAL BEFORE US. >>COUN. DAVIS: IT'S A MATTER FOR APPROVAL. ALL THOSE IN FAVOR? PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >> COUNCILOR BENTON IS EXCUSED. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: NO. >> THAT PASSES 7-1. >>COUN. DAVIS: 7-1? RIGHT. OKAY. ALL RIGHT. THANK YOU, COUNCILORS. AND THANK YOU TO THE AIRPORT STAFF. AND TO OUR PURCHASING TEAM. NEXT UP AS OUR RESTRUCTURED AGENDA SAYS. I'VE GOTTEN A FEW TEXT MESSAGES. LET ME EXPLAIN THIS. WE HAVE A COUPLE DIFFERENT WAYS PEOPLE CAN SPEAK ACCORD TO THE RULES. WE HAVE 30 SPACES AVAILABLE FOR GENERAL PUBLIC COMMENT. WE CAN TALK ABOUT ANYTHING UNDER THE SUN. IF YOU CHOOSE TO TALK ABOUT SOMETHING ON THE AGENDA THAT'S FINE. IF YOU'RE HERE TO TALK ABOUT A BILL, WE HAVE A SPECIAL WAY TO SIGN UP ON THAT, AND WE HAVE 108 SPOTS THAT ARE SIGNED UP TO SPEAK ON THE TWO MOTIONS SPONSORED BY COUNCILOR LEWIS THAT WE'LL TAKE UP IN A SECOND. WHEN HE INTRODUCES THOSE BILLS I'M GOING TO ASK TO START TAKING THOSE. WE'RE GOING TO COMBINE THOSE PUBLIC COMMENT LISTS INTO ONE LIST. A LOT OF YOU SIGNED UP TWICE. THAT'S GREAT. BUT THE COUNCIL WILL CONSIDER THOSE IN OUR DISCUSSION TOGETHER BECAUSE THEY'RE RELATED TO THE SAME TOPIC. WE'RE GOING TO ASK YOU TO DO THE SAME. YOU WILL BE ALLOWED TO SPEAK UP TO ONE MINUTE ON THOSE TOPICS. IF YOU'RE SIGNED UP ON BOTH, USE YOUR TIME. WE'RE GOING TO CONSIDER THEM TOGETHER. WE'LL ASK YOU TO DO THAT AS WELL. WE HAVE 108 PEOPLE SIGNED UP. BY MY COUNT, ABOUT 60 ARE UNIQUE. WE'LL TRY TO GET THROUGH THOSE. NO MATTER WHAT, THE COUNCIL HAS TO TAKE A BREAK FOR OUR LEGAL STUFF. WE'LL TRY TO KEEP THIS GOING AND WE'LL DO OUR BEST. AND SEE HOW WE GO. WE'LL GIVE YOU A FAIR WARNING WHEN WE GET CLOSE TO THE DEADLINE. >>COUN. LEWIS: MR. PRESIDENT, I MOVE BOTH BILL AND WE'LL GO TO PUBLIC COMMENT, CORRECT? OKAY. MR. PRESIDENT, I MOVE O-88, REPEALING CHAPTER NINE ARTICLE FIVE, THE JOINT AIR QUALITY CONTROL BOARD ORDINANCE. ABOLISHING THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD ADOPTING CHAPTER 9 ARTICLE FIVE ROA1994 CREATING THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY CONTROL BOARD. >>COUN. DAVIS: THERE'S A MOTION AND SEVERAL SECONDS. WE'RE GOING TO TAKE PUBLIC COMMENT AND COME BACK AND DO ACTION AFTER THE BREAK. WOULD YOU START US ON THE O-88 LIST AND WE'LL SEE HOW MANY ARE DUPLICATED? >>COUN. LEWIS: MAY I MOVE THE OTHER BILL FIRST? >>COUN. DAVIS: WE HAVE TO DO THEM ONE BY ONE, BUT CONSIDER THEM AS A CONVERSATION TOGETHER. >> THANK YOU, OUR FIRST SPEAKER IS PETE FOLLOWED BY TERRY. >> GOOD EVENING, MR. PRESIDENT, AND COUNCILORS. WHAT DAN LEWIS PROPOSED IS A VERSION OF LESSONS LEARNED OF HOW TO DO ENVIRONMENTAL JUSTICE COMPLICATED RULE-MAKING CORRECTLY AND HOW TO DO IT INCORRECTLY. THE STATE OF NEW JERSEY TO TWO YEARS, HAD NUMEROUS OUTREACH MEETINGS TO COME UP WITH A DEFINITION OF A VULNERABLE COMMUNITY. BECAUSE EVERYTHING FLOWS FROM THAT DEFINITION. TWO YEARS. WHAT WE HAVE HERE IS WE HAVE NO STAKEHOLDER MEETINGS, WE HAVE FOUR DEFINITIONS OF VULNERABLE COMMUNITY. EACH ONE IS CHANGED. NONE OF THEM HAD A MAP ATTACHED. NO ONE KNEW WHAT A COMMUNITY WAS VULNERABLE UNTIL THIGH HIRED SPECIALISTS. MY CONSULTANT TOOK ONE MONTH TO COME UP WITH THE DEFINITION AND 79% OF BERNALILLO COUNTY IS A VULNERABLE AREA. THAT IS A VERY BAD PLACE TO START. >>ATORIY -- TERRY FOLLOWED BY LAURA. >> GOOD EVENING, MR. PRESIDENT, I'M THE PRESIDENT AND CEO OF THE ALBUQUERQUE CAMEBER OF COMMERCE. I'M HERE TO SUPPORT O-23-88 AND R-23-176. WHEN BUSINESSES ARE ABLE TO START AND GROW HERE, IT'S A GOOD THING. FOR EVERYONE. IT STANDS TO REASON THAT DOING THINGS TO DETER ECONOMIC GROWTH IS UNWISE AND UNHELPFUL. IF PASSED TONIGHT THIS ORDINANCE ONE REIN IN A ROGUE BOARD. IT'S A BOARD OF UNELECTED NEEDLESSLY PUNITIVE REGULATORS THAT ANSWER TO NO ONE. IGNORE OPEN MEETINGS LAW AND PRIORITIZE IDEOLOGICAL SPECIAL INTERESTS. WE SUPPORT A BOARD WHOSE MEMBERS HAVE THE EXPERTISE TO DEAL WITH COMPLEX TOPICS IN AN EVEN-HANDED MANNER. LET'S CREATE A BOARD THAT WILL HELP OR CITY ECONOMICALLY AND ENVIRONMENTALLY. THANK YOU VERY MUCH. >> LAURA FOLLOWED BY RHINNON. >> THANK YOU, COUNCILOR. MEMBERS OF THE COUNCIL, YESTERDAY I SAT FOR 12 HOURS AT THE POLLING SITE WATCHING THE ELECTION. IT WENT VERY WELL. DEMOCRATS REPUBLICANS INDEPENDENTS, EVERYBODY TRUSTED THE PROCESS AND IT WENT VERY SMOOTHLY. AND I THOUGHT AT THE TIME THEY TRUSTED THE PROCESS BECAUSE THEY UNDERSTOOD THE PROCESS. I'M CONCERNED AND SPEAKING AGAINST THE PROPOSAL BY COUNCILOR LEWIS TO CHANGE OUR AIR QUALITY BOARD BECAUSE OF THE TIMING OF THE CHANGES AND BECAUSE THESE CHANGES ARE NOT INSTILLING TRUST AMONG YOUR CONSTITUENTS. IF YOU PASS THESE CHANGES AT THIS TIME, I'M CONCERNED THAT YOU'RE NOT ONLY DAMAGING THE AIR QUALITY BOARD, BUT YOU'RE DAMAGING YOUR CREDIBILITY AS A COUNCIL. AND THE WORK YOU DO IN THE FUTURE ON OTHER ITEMS. THANK YOU. >> RIHANNON FOLLOWED BY SHERMAN. >> THANK YOU, MR. PRESIDENT. NAOP ENDORSES THE PASSAGE OF THIS ORDINANCE. THIS PROPOSED CHANGE TO THE JOINT AIR QUALITY CONTROL BOARD IS NOT ONLY VITAL FOR PROTECTING OUR ENVIRONMENT BUT CRITICAL FOR FOSTERING SUSTAINABLE ECONOMIC DEVELOPMENT. THIS ORDINANCE'S EMPHASIZE ON TRANSPARENCE AND COMPLIANCE WILL PROVIDE BETTER ENVIRONMENT FOR BUSINESSES AND ENCOURAGING MUCH-NEEDED INVESTMENTS IN OUR CITY. BY ENSURING THAT THE BOARD OPERATES WITH EXPERTISE AND EXPERIENCE WE CAN PAVE THE WAY FORWARD WITH INFORMED DECISION-MAKING. CRUCIAL FOR ADVANCING ECONOMIC LANDSCAPE. MOREOVER, THE CHANGES WILL SAFEGUARD THE INTERESTS OF BUSINESS AND IMPROVE OUR WELL BEING. AND THIS ORDINANCE WILL HELP STRIKE A CRUCIAL BALANCE BETWEEN ENVIRONMENTAL STEWARDSHIP, AND ECONOMIC DEVELOPMENT. I URGE YOU TO SUPPORT IT THIS EVENING. >> SHERMAN FOLLOWED BY JASON. >> THANK YOU, MR. PRESIDENT. I'M A LOCAL BUSINESSMAN. THE LAST 45 YEARS I'VE FOCUSED ON JOB CREATION AND JOB RETENTION. I'M THE CHAIRMAN OF THE SANDIA TECHNOLOGY PARK DEVELOPMENT CORPORATION. I'M ONE OF THE FOUNDERS OF THE KIRTLAND PARTNERSHIP COMMITTEE. DURING THE 1995 REALIGNMENT COMMITTEE, AUTHORIZED BY THE U.S. CONGRESS, ALBUQUERQUE CAME EXTREMELY CLOSE TO HAVING KIRTLAND AIR FORCE BASE CLOSED BECAUSE OF AIR QUALITY CONCERNS. IT'S CRITICAL THAT WE HAVE CONFIDENCE IN THE AIR QUALITY BOARD. IT'S CRITICAL THAT IT BE A DEMOCRATIC PROCESS. THEREFORE, I STRONGLY SUPPORT THE RECOMMENDATIONS BROUGHT FORTH BY COUNCILOR LEWIS. THANK YOU, SIR. >> JASON FOLLOWED BY XAVIER. >> MR. PRESIDENT, COUNCILORS, I'M A RETIRED LIFE-LONG ALBUQUERQUE RESIDENT. I SUPPORT O-23-88, I HAVE READ THE ENTIRE BILL. I UNDERSTAND WHAT IT DOES. IT'S MILD. THE TITLE IS A MISNOMER. IT AMENDS THAT STATUTE. THEY DRAW ALL THEIR AUTHORITY FROM YOU. THEY BELIEVE THEY HAVE THE AUTHORITY TO REQUIRE THAT ALL NEW VEHICLES IN ALBUQUERQUE BE -- OR 80% OF NEW VEHICLES WITHIN A FEW SHORT YEARS HAVE TO BE EVs. I TRUST THE CITY COUNCIL AND I TRUST THE ELECTION PROCESS I DO NOT TRUST THE AIR BOARD BECAUSE I CANNOT ELECT THEM. I URGE YOU TO IMPLEMENT 88 BECAUSE IT HAS A 60-DAY WAITING PERIOD. THE BOARD CAN DO WHAT IT'S GOING TO DO AND YOU GET TO REVIEW IT. AND IT ESTABLISHES OPEN MEETINGS AND REASONABLE, NO BIASED INTEREST PREJUDICE STANDARD FOR THE BOARD. IT'S VERY MILD AND VERY REASONABLE. THANK YOU VERY MUCH. >>COUN. LEWIS: I DON'T HAVE A QUESTION. THANK YOU. I DO APPRECIATE THOSE COMMENTS. BECAUSE I DO THINK SOME PEOPLE HAVE TAKEN THE TITLE OF THIS AND HAVE HEARD MAYBE A BRIEF MEDIA OUTLET THAT SHARED ONE SIDE OF IT. THERE'S A LOT OF THOSE UNFORTUNATELILY. A LOT OF THOSE HAVEN'T TAKEN THE TIME TO INTERVIEW THOSE AFFECTED BY THIS BOARD. BUT ALSO PEOPLE HEAR ONE THING AND THEY JUST REPEAT IT. THERE'S A LOT OF MISTRUTHS ABOUT THIS. I'VE TALKED TO MANY PEOPLE WHO HAVE ISSUES WITH THIS INITIALLY AND I ASKED THEM IF THEY READ THE BILL, AND IT'S OKAY IF YOU HAVEN'T, THESE ARE LONG BILLS. THEY CAN BE COMPLICATED. PEOPLE GO BACK AND READ THE BILLS AND COME BACK AND SAY THERE'S GOOD THINGS IN THIS BILL. THIS IS ABOUT GOOD GOVERNANCE. THIS IS ABOUT CHECKS AND BALANCES AND BEINGOPE SKWN TRANSPARENT. HAVING A DIVERSITY ON THIS BOARD AND PROFESSIONALS. SO THERE'S A LOT OF UNTRUTHS OUT THERE. I JUST APPRECIATE THE GENTLEMAN FOR CLARIFYING THAT. >> ERICA. >> HELLO, COUNCILORS, I LIVE IN DISTRICT TWO. IT AMAZES ME THAT WHEN WE HEAR THAT 79% OF THE COUNTY IS OVERBURDENED BY AIR POLLUTION IS TO DECISION INTERVENE IN AN AIR BOARD THAT DOESN'T CORRECT THAT. IT DOESN'T MAKE SENSE TO ME. AN AIR BOARD THAT IS DOING THEIR JOB, THIS BAIL CAME OUT OF COUNCILOR LEWIS'S HAND PAUSE IT WAS ABOUT GOOD GOVERNANCE. THIS BILL DOESN'T GET US TO ELECT OUR AIR BOARD. THAT MEANS YOU CHOOSE THE AIR BOARD. IF YOU WANT TO TALK ABOUT WHAT WE WANT AND RESTRUCTURING WHAT WE WANT. IT'S CLEAR THAT ISN'T WHAT THIS IS ABOUT. WE'LL RESPOND ACCORDINGLY TO YOUR VOTE. >> ERIC FOLLOWED BY RAYLENE. >> THANK YOU, MR. PRESIDENT, MEMBERS OF THE COUNCIL, I'M LEGAL DIRECTOR FOR THE NEW MEXICO ENVIRONMENTAL LAW CENTER. I'M HERE TO STAND AGAINST O-88 AND R-176. I HAVE READ BOTH BILLS SEVERAL TIMES. AND I WANT TO SAY THAT A PURGE OF AN APPOINTED BOARD IS SOMETHING THAT'S UNPRECEDENTED IN MY EXPERIENCE AS A LAWYER. THAT SAID, I THINK THE BOARD'S EXPERTISE IS ONE THAT WILL BE INVOKED IN A HEARING BEFORE THE BOARD WHERE THE PROPONENTS AND OOPPONENTS GET TO MAKE THEIR ARGUMENTS. I WANT TO SAY FROM AN ECONOMIC POINT OF VIEW, THIS IS SOMETHING THAT HASN'T BEEN SAID, THE BOARD -- THE WILL BEFORE THE BOARD IS NOT ONLY SMART ECONOMICALLY, BECAUSE WE KNOW FROM YEARS OF STUDIES THAT THE COST OF POOR AIR QUALITY LIKE IN BERNALILLO COUNTY OUT WEIGH THE COST OF COMPLIANCE OR REGULATORY COMPLIANCE. THANK YOU. >>COUN. LEWIS: QUESTION FOR YOU. YOU MENTIONED UNPRECEDENTED IN THE BOARD MEMBERS BEING REMOVED OR A COUNCIL THAT CREATED A BOARD, WE CREATED THIS BOARD. WE HAVE THE ABILITY TO BE ABLE TO ADJUST IT AND MAKE CHANGES TO IT. YOU MENTIONED THAT YOU NEVER SEEN THAT BEFORE. WE'VE HAD THIS GOVERNMENT FOR THE LAST 40 YEARS. HAVE YOU STUDIED ALL 40 YEARS EVERY BOARD AND COMMISSION? HAVE YOU DONE THAT? >> IN MY EXPERIENCE, MR. PRESIDENT, COUNCILOR LEWIS, THIS IS UNPRECEDENTED. A PURGE OF A BOARD IN RESPONSE TO A SINGLE RULE-MAKING PROCESS INTERRUPTING THAT PROCESS BECAUSE OF COMPLAINTS FROM CONSTITUENTS. >>COUN. LEWIS: YOU SAID THIS IS A PURGE OF THE BOARD? THANK YOU FOR YOUR COMMENT. I THINK IT'S APPROPRIATE THAT WE HAVE A CONVERSATION. >>COUN. DAVIS: WE'LL GO THROUGH THE QUESTIONS. >>COUN. LEWIS: APPRECIATE YOU COMING. >>COUN. DAVIS: WE'RE NOT GOING TO MAKE AN ARGUMENT HERE. WE HAVE TO GET THROUGH THIS. WE'RE NOT GOING TO INTERRUPT SPEAKERS. BOTH SIDES NEED TO BE FAIR. >> RAVEN FOLLOWED BY NICOLE. >> MR. PRESIDENT, CITY COUNCIL, I'M A HOMEOWNER IN THE SOUTH VALLEY AND I COME BEFORE YOU AS A CONCERNED CITIZEN, POLITICAL DIRECTOR OF THE PROGRESS CAUCUS, AND MOTHER OF 15-MONTH OLD. MOSTLY A DISABLED VETERAN OF OPERATION IRAQY FREEDOM EXPOSED TO AIR TOXINS THAT MADE ME NEED MULTIPLE MEDICATIONS TO BREATHE EVERY DAY. THE PROPOSAL TO REMOVE ALBUQUERQUE'S AIR BOARD ARE A SLAP IN THE FACE. ACCORD TO THE AMERICAN LUNG ASSOCIATION ALBUQUERQUE HAS SOME OF THE MOST AIR POLLUTION IN THE COUNTRY. WE BELIEVE -- IN THIS THIS IS UN FOR EVERYONE BREATHING AIR. TODAY I ASK YOU TO OPPOSE BOTH. STAND WITH OUR CITY. THANK YOU FOR YOUR TIME. >> RICHARD FOLLOWED BY DALE. >> AGAIN, COUNCIL MEMBERS, I'M COCOORDINATER OF THE INSTITUTE AND GARDENS INSTITUTE. I'VE BEEN ASKED BY THE INSTITUTE TO MAKE THE REST OF THE COMMENT. A PROPOSED HEALTH ENVIRONMENT EQUITY IMPACT RULE BROUGHT BY THE NEIGHBORHOOD COALITION AND SUPPORTED BY THE INSTITUTE WOULD PROTECT OUR COUNTY AND CITY RESIDENTS FROM DANGEROUS AIR POLLUTION AND COMMUNITY IMPACTS ARISING FROM MULTIPLE AIR POLLUTION. DUE TO RACISM AND ZONING SUCH AS RED LINING COMMUNITIES WHICH ARE PREDOMINANTLY LOW INCOME AND PEOPLE OF COLOR RESIDENTS HOST MOST OF THE AIR POLLUTING SITES FOR THE CITY AND RIO RANCHO. AGAIN, WE WOULD SAY TO THIS COMMITTEE TONIGHT, THAT YOU CAN MAKE HISTORY. THE ONLY WAY YOU'RE GOING TO DO THAT IS NOT BY SUPPORTING THESE TWO RESOLUTIONS BUT BY GIVING THIS COMMUNITY THE OPPORTUNITY TO STAND FOR ITSELF, SPEAK FOR ITSELF, AND ALL OF US TO HAVE CLEAN AIR. >> DALE FOLLOWED BY LAURA. >> GOOD EVENING, COUNCIL PRESIDENT. I URGE THE CITY COUNCIL TO VOTE NO ON BOTH O-23-88, AND R-23-176. STUDY AFTER STUDY HAS DEMONSTRATED HEALTH STATUS AND LIFE EXPECTANCY ARE HIGHLY DEPENDENT ON INCOME, RACE, AND ZIP CODE. IF PASSED, THEY WILL AFFECT LOW INCOME NEIGHBORHOODS AND COMMUNITIES OF COLOR. THESE PROPOSALS ARE NOT ABOUT SCIENCE AND PUBLIC HEALTH, THEY'RE ABOUT REWARDING THOSE IN POWER AND MONEY. O-23-88 WILL STRIP A BODY THAT MAKES DECISIONS BASED ON SCIENCE AND RECLASSIFY IT AS AN ADVISORY COMMITTEE TO CITY COUNCIL. IT WILL BRING MONEY AND POWER INTO A DECISION MAKING PROCESS THAT SHOULD BE BASED ON SCIENCE AND GOOD PUBLIC HEALTH. I URGE YOU TO VOTE NO ON THESE. AND BE ON THE SIDE OF EQUITY AND JUSTICE FOR ALL THE CITIZENS. THANK YOU. >> LAURA FOLLOWED BY McENZIE. >> MR. CHAIR, I'M THE PRESIDENT OF MOUNTAIN VIEW NEIGHBORHOOD ASSOCIATION. I'M A PAST MEMBER OF THE AIR QUALITY CONTROL BOARD IN THE 1980s. ALSO PAST MEMBER OF THE PLANNING COMMISSION FOR BERNALILLO COUNTY. AND ALSO THE PAST PRINCIPLE INVESTIGATOR FOR THE SOUTH VALLEY PARTNERS FOR ENVIRONMENTAL JUSTICE. THE ALBUQUERQUE AIR QUALITY CONTROL BOARD IS A RULE MAKING BODY THAT IS APPOINTED BY THE CITY OF ALBUQUERQUE AND BERNALILLO COUNTY WITH THE CITY COMPRISING FOUR OF THE SEVEN MEMBERS OF THE BOARD. THE CURRENT AIR BOARD COMPRISES MEMBERS WHO ARE WELL-QUALIFIED AND SCIENTIFIC, AND ACADEMIC AND OBJECTIVE DECISION MAKERS FOR FAIRLY AND RESPONSIBLY REPRESENT ALL CITY AND COUNTY INTERESTS. THIS BILL INTENDS TO LIQUIDATE THE AIR QUALITY CONTROL BOARD AND REPLACE IT WITH THE HAND-PICKED SELECT GROUP OF CONSERVATIVE INDUSTRY SUPPORTERS WITHOUT REGARD OF PROTECTING THE HEALTH AND WELFARE OF THE BERNALILLO COUNTY RESIDENTS AS REQUIRED BY STATE LAW. >>COUN. DAVIS: THANK YOU, SIR. WE HAVE TO CUT YOU OFF. THANK YOU. THANK YOU FOR YOUR TIME. WE HAVE TO ASK YOU TO HAVE A SEAT SO WE CAN MOVE TO OUR OTHER SPEAKERS. WE HAVE TO TURN OFF YOUR MIC. THAT'S OUR RULES. I KNOW YOU'RE HERE FOR AN IMPORTANT PURPOSE. I ASK YOU TO PLEASE RESPECT OUR RULES. OTHERWISE, I HAVE TO CANCEL COMMENT FOR EVERYBODY IF WE CAN'T FOLLOW THE RULES. >> McENZIE FOLLOWED BY DAVID. >> MR. PRESIDENT, MEMBERS OF THE COUNCIL, I'M OWNER AND FOUNDER OF ABRAZO HOMES IN ALBUQUERQUE. WE'RE LOCALLY OWNED AND OPERATED MULTI-FAMILY BUILDER. IN THE PAST TEN YEARS WE'VE BUILT OVER A THOUSAND HOUSES IN THE ALBUQUERQUE AREA. WE HOPE TO BUILD MORE IN THE NEXT TEN. THE CHALLENGE IS CAPITAL AND HOW TO FINANCE IT. ONE OF THE BIG QUESTIONS WE HAVE TO ANSWER WHEN WE'RE TRYING TO MAKE MONEY AND INVESTMENTS HAS TO DO WITH RISK AND UNCERTAINTY. I ENCOURAGE YOU SUPPORT ON O-88 AS WELL AS R-176 BECAUSE IT WILL HELP US BE ABLE TO HAVE CLEAR RULES, TRANSPARENT AND OBJECTIVE DECISION-MAKING PROCESSES AND HAVE A REGULATORY BODY COMPRISED BY COMPETENT AND RELEVANT EXPERTS AND NOT SPECIAL INTERESTS. I APPRECIATE YOUR TIME AND ENCOURAGE YOU SUPPORT. THANK YOU. >> DAVID FOLLOWED BY MARLA. >> THANK YOU, COUNCIL PRESIDENT. I WANT TO POINT OUT A POINT THAT SOMEBODY MADE THAT THIS IS NOT -- EVEN THE WORD SAY ABOLISHMENT, WE'RE NOT REMOVING THE AIR QUALITY BOARD WITH THIS PROPOSED LEGISLATION. IT ACTUALLY FIXES SOME INADEQUACIES WITHIN THE SYSTEM. BEING EPC COMMISSIONER, I'M THE XHAR FOR THE ENVIRONMENTAL PLANNING COMMISSION, IF PEOPLE UNDERSTOOD WHAT THIS IS SAYING, YOU WANT SOME OF THESE THINGS. THEY SPECIFY THE BOARD IS SUBJECT TO INRA AND FOLLOW THE OPEN MEETINGS ACT. THAT IS EXTREMELY IMPORTANT BECAUSE THEY CURRENTLY DON'T HAVE TO. IT SPECIFIES THE BOARD AND ATTORNEY CANNOT HAVE EX-PARTE COMMUNICATIONS WITH APPLICATIONS. EVERY COMMISSION OR BOARD FOR THE CITY OF ALBUQUERQUE SHOULD ALL BE FOLLOWING THOSE RULES AS MOST OF THEM DO. THIS COMMISSION DOES NOT AND IT SHOULD. THIS LEGISLATION FIXES A LOT OF THOSE INADEQUACIES. I URGE YOUR SUPPORT. >> MARLA FOLLOWED BY ANDRES. >> NOBODY CAN HEAR ANYTHING IN THE AUDIENCE. I'M GOING TO GET CLOSE. COUNCIL, CHAIR, AND MEMBERS OF THE COUNCIL, I RESIDE IN MOUNTAIN VIEW NEIGHBORHOOD. I'M PRESIDENT OF THE MOUNTAIN VIEW COMMITTEE ACTION. I OPPOSE THIS ILLEGAL, UNETHICAL, UNDEMOCRATIC, AND UNWORKABLE BILL AND RESOLUTION. THIS IS NOT THIS COUNCIL'S DECISION TO MAKE. IT IS A CITY-COUNTY BOARD. AND THERE ARE -- IT WAS ENABLED AND AUTHORIZED BY THE STATE, NOT YOU GUYS. THESE PROPOSALS ARE CLEARLY A RIGHT-WING POLITICAL MANEUVER TO CAUSE CHAOS AND CREATE A FOG OF UNCERTAINTY. IT'S VERY CLEAR. THERE ARE GUYS THAT THE DENY THE ABYSMAL AIR QUALITY AND LACK OF CARE FOR JUSTICE IN MY NEIGHBORHOOD AND OTHERS. THOSE PROPOSALS ARE ABOUT GREED NOT EQUITY. THANK YOU. >> ANDRES FOLLOWED BY LINDA. >> GOOD TO SEE YOU, I REPRESENT HOUSE DISTRICT TEN. WHICH IS REPRESENTING THE COMMUNITY OF MOUNTAIN VIEW AND IN LARGE PARTS OF UNINCORPORATED BERNALILLO COUNTY IN THE SOUTH VALLEY. I ASK YOU TO VOTE AGAINST ABOLISHING THE AIR QUALITY CONTROL BOARD. I FIND IT DISTURBING THE CITY WOULD SEEK TO TAKE THE VOICE AWAY FROM THE COMMUNITIES MOST IMPACTED BY INDUSTRIAL AIR POLLUTION. AS CHAIR OF THE HOUSEEICATION COMMITTEE AND AS A HIGH SCHOOL TEACHER, I TALK TO STUDENTS ALL THE TIME ABOUT GOOD GOVERNANCE AND GOOD GOVERNMENT WITH THE CITY TRYING TO ABOLISH THE AIR QUALITY CONTROL BOARD, WITHOUT COUNTY INPUT AND REMOVING THE COMMUNITY VOICE, AND FIND IT FRIGHTENING MESSAGE TO SEND TO THE YOUTH. PLEASE VOTE NO IN ABOLISHING THE EXISTING ALBUQUERQUE AIR QUALITY CONTROL BOARD AND MAINTAIN THE COMMUNITY'S VOICE AND AIR QUALITY. >> LINDA FOLLOWED BY JACKIE. >> REMOVING THE AIR QUALITY CONTROL BOARD OR CHANGING THE WAY THE BOARD OPERATES WOULD HURT OUR AIR QUALITY. AND OUR FAMILY'S HEALTH. THAT'S IMPORTANT. ALL COMMUNITIES DESERVE TO HAVE AN ACCESS TO CLEAN AIR. THANK YOU FOR YOUR TIME. >> JACKIE FOLLOWED BY MAGDALENA. >> GOOD EVENING, COUNCILORS. I AM HERE REPRESENTING UNM LEADERS FOR ENVIRONMENTAL ACTION AND FORESIGHT. WHILE I FULLY UNDERSTAND THE SENTIMENT OF WANTING TO HAVE QUALIFIED EXPERTS ON THE BOARD AND PEOPLE REPRESENTING VARIOUS INTERESTS, I WANT TO TAKE THE TIME TO POINT OUT THOSE WITH FIRST-HAND EXPERIENCES WITH AIR POLLUTION ARE NOT REQUIRED TO BE ON THIS BOARD. THERE ARE FOUR REQUIRED POSITIONS. ONE WITH EXPERTISE IN HEALTH, ONE WITH ENGINEER, AND ONE WITH INDUSTRY EXPERIENCE. OUT OF ALL OF THOSE, NONE OF THEM ARE REQUIRED TO HAVE FIRST- HAND EXPERIENCE WITH AIR POLLUTION WHICH MANY OF THE VULNERABLE COMMUNITIES HAVE. THEY EXPERIENCE THESE AT A DIS PROPORTIONATE LEVEL THAN THOSE USING OUR CARS. AIR POLLUTION IS A SIGNIFICANT ISSUE THAT DESERVES THE BOARD THAT FULLY REPRESENTS THE DIVERSE INTERESTS IN THE CITY. AND ESPECIALLY THOSE WHO ARE IMPACTED BY INCREASED AIR POLLUTION. I ASK YOU TO VOTE NO ON THIS RESOLUTION. >> MAGDALENA FOLLOWED BY ADAM. >> GOOD EVENING, PRESIDENT DAVIS, AND MEMBERS OF THE COUNCIL, MY AREA OF EXPERTISE IS COMMUNITY HEALTH AND WORK WITHING WITH COMMUNITIES THROUGHOUT NEW MEXICO. AS A PUBLIC HEALTH EXPERT, ONE CAN IDENTIFY SO MANY DISTINCT AREAS AND SOCIAL DETERMINEINANTS REGARDING ELIMINATING DIFFERENT DEGREES OF PUBLIC HEALTH FREEDOM FROM LOCAL COMMUNITIES. ELIMINATING THEIR VOICE IN TERMS OF POLICIES AND OTHER ELEMENTS AND INTERVENTIONS THEY CREATED. IT'S CRUCIAL TO UPHOLD AND SUSTAIN THEIR HEALTH AND CREATE HEALTHIER, CLEAN ENVIRONMENTS BY THE PARTICIPATION IN WHAT THEY CREATE. IT'S IMPORTANT TO NOT SUPPORT THE AIR QUALITY BOARD IN TERMS OF ELIMINATING BUT RATHER TO CONTINUE ITS OPERATION AS THE INDEPENDENT POLICY BODY. WE'RE TALKING ABOUT POLICY AND THE DIFFERENT AREAS OF EXPERTISE. PLEASE KEEP THE ALBUQUERQUE AIR QUALITY BOARD AS IT EXISTS. THERE'S AN ALARMING TREND IN SOME OF THE CHANGES THAT ARE BEING MADE POLICY WISE. I ADD NOTHING TO DO WITH THIS, KEEP IN MIND SOME OF YOUR AUDIENCES HAVE DISABILITIES. AND CANNOT HEAR THE TONE. NO MATTER -- YOU MIGHT ASK FOR HELP. >>COUN. DAVIS: THANK YOU. WE HAVE SOME TECHNICAL UPDATES BETWEEN THE TWO COUNCILS. THANK YOU. >> ADAM FOLLOWED BY ALEXANDER. >> GOOD EVENING, COUNCIL PRESIDENT, COUNCIL MEMBERS. I AM A DOWNTOWNER. I LIVED DOWNTOWN AND WORK DOWNTOWN AND OWN COMMERCIAL BUILDINGS. I AM IN SUPPORT OF ORDINANCES. I FEEL THAT WE'RE GETTING LOST. WE'RE NOT GETTING RID OF THE AIR BOARD. FROM EVERYTHING I READ, WE'RE TRYING TO MAKE IT TRANSPARENT. I WOULD LOVE TO GO TO MEETINGS AND BE A PART OF IT. I DON'T GET AN INVITATION. WHEN I WENT THROUGH THE IDO PROCESS THERE WAS SO MANY COMMUNITY MEETINGS IT WAS GREAT. WE HAVE NATIONAL STANDARDS FOR AIR QUALITY. WHY ARE WE THE ONLY MUNICIPALITY THAT CAN REDUCE THE STANDARDS WHEN WE HAVE NATIONAL STANDARDS. I HOPE YOU SUPPORT THESE TWO BILLS. THANK YOU FOR YOUR TIME. >> ALEXANDER, FOLLOWED BY ALAN. >> REPRESENTING THE CAMITO REALNEIGHBORHOOD ASSOCIATION IN THE SOUTH VALLEY. I'M HERE TO VOICE OPPOSITION TO THE BILLS THAT WOULD ABOLISH OR AMEND THE AIR QUALITY CONTROL BOARD AND PLACE A MORATORIUM ON THE AIR BOARD FUTURE ACTION. THERE MUST BE ONGOING AIR QUALITY MONITORING BY EXPERTS IN ENVIRONMENTAL SCIENCE THAT INFORM OUR COMMUNITY AND ALLOW FOR CITIZEN ACTION AND IN ORDER TO DEVELOP EFFECTIVE ENVIRONMENTAL POLICY. THANK YOU FOR YOUR ATTENTION TO THIS MATTER. >> ALAN FOLLOWED BY CLAY. CLAY FOLLOWED BY LAUREN. >> GOOD EVENING, COUNCIL PRESIDENT, COUNCILORS, I AM A RESIDENT OF ALBUQUERQUE. BORN AND RAISED AND I'LL DIE HERE. I CONSIDER MYSELF A BREAKFAST BURRITOOLOGIST. ON A SERIOUS NOTE, I CARE ABOUT THIS PLACE. I PLAN ON DYING HERE AND RAISING A FAMILY HERE. I STAND HERE TO SUPPORT THE TWO -- O-88 AND R-176 THAT COUNCILOR LEWIS PRESENTED. WE NEED TRANSPARENCY. WE NEED TO ADHERE TO THE AIR QUALITY CONTROL ACT PREVENTING THE BOARD FROM OVERSTEP THE AUTHORITY. WE NEED THE BOARD TO OPERATE WITH INTEGRITY. FOSTERING TRUST AND ACCOUNTABILITY BETWEEN THE COMMUNITY MEMBERS AND THIS WILL CONTRIBUTE TO A HEALTHIER ENVIRONMENT BY ENSURING THE WELL-BEING OF THE COMMUNITY AND POSTURING SUSTAINABLE ENVIRONMENT. I URGE YOU TO VOTE YES ON THESE TWO MEASURES. >> LAUREN FOLLOWED BY STEVEN. >> GOOD EVENING, MR. PRESIDENT, COUNCILORS, THANK YOU FOR YOUR PUBLIC SERVICE. AS PREVIOUS CHAIR AND FORMER MEMBER OF THE AIR BOARD I SPEAK IN MY PERSONAL CAPACITY AND DON'T REPRESENT THE BOARD. IN THE NAME OF EQUITY AND COMMITMENT TO DUE PROCESS. I URGE YOU THAT VOTED TO -- RECONSIDER YOUR SUPPORT. THE PASS MG OF THIS ORDINANCE SERVE TO PREVENT THE AIR BOARD FROM EXERCISING LEGAL AUTHORITY TO HOLD A HEARING BASED ON THE MERIT OF A PROPOSAL REGULATION AND HEALTH AND ENVIRONMENTAL IMPACTS BEFORE THE BOARD. THE BOARD HAS SHOWN COMMITMENT TO UPHOLDING THE LAW. PLEASE TAKE TIME TO LOOK AT THE FACTS. WE HAVE NOT HEARD ANYTHING ABOUT THE ACTUAL EXPERTISE THAT OUR BOARD HAS. WE'RE LUCKY TO HAVE THESE EXPERTS SERVING OUR CITY IN A VOLUNTEER CAPACITY. PASSING LEGISLATION FOUNDED ON BASELESS REPRESENTATION AND AUTHORITY IS A GROSS MISFUNCTION OF THE GOVERNMENT. >> STEVEN FOLLOWED BY CATHY. >> SOMEONE MENTIONED 79% OF THE COUNTY IS VULNERABLE. I'M SURE THAT'S TRUE. AIR FLOWS EVERYWHERE. ONE OF THE THINGS WANT TO STRESS IS THE CUMULATIVE IMPACT OF POLLUTION. IF YOU DRIVE THROUGH THE SOUTH VALLEY, IF YOU DRIVE THROUGH THE MOUNTAIN VIEW NEIGHBORHOOD, SPECIFICALLY, LOOKING AT ALL THE HEAVY INDUSTRIALIZATION DOWN THERE, IT'S BEEN GOING ON FOR YEARS. AND THERE IS A CUMULATIVE IMPACT. I BELIEVE THE IMPETUS FOR THE BILL IS THE PROPOSED NEW REGULATORY REGIME THAT THE AIR QUALITY BOARD WOULD CONSIDER LATER THIS MONTH. THE IMPETUS FOR THAT IS FROM THE MOUNTAIN VIEW AREA AND THE RECENT ATTEMPTS TO HAVE MORE HEAVY INDUSTRIALIZATION DOWN THERE. ENOUGH IS ENOUGH. IT'S A JOINT AIR QUALITY BOARD. THIS NEEDS TO BE TAKEN UP WITH THE COUNTY AND POSSIBLY WITH THE LEGISLATURE AND WORK IT THROUGH THAT WAY. >> CATHY FOLLOWED BY EMILY. >> I'D LIKE TO SAY I FIND IT QUITE EGREGIOUS THAT THE ALBUQUERQUE CITY COUNCIL WOULD CONSIDER ABOLISHING THE CURRENT AIR BOARD AND RE-ESTABLISHING IT WITH MEMBERS ITS OWN CHOOSING. AIR HAS NO BOUNDARIES AND THE COMMUNITY SURROUNDING THE CITY HAS FOUGHT TO ENSURE THEIR OWN HEALTH AND WELL-BEING ARE PROTECTED. THE CITY HAS BEEN NAMED AS A TOP 25 POLLUTER BY THE AMERICAN LUNG ASSOCIATION. MAKING THIS AIR BOARD QUITE IMPORTANT IN TURNING THIS AROUND. TAKING THIS IMPORTANT SUBJECT TO TASK WITHOUT CONSULTATION WITH THE COUNTY IS ABHORRENT. OUR GOVERNMENT DEALINGS ARE SUPPOSED TO BE FOR THE PEOPLE AND ABOUT THE PEOPLE. WHY DOES THIS COUNCIL GET TO DECIDE ON ITS OWN? QUALIFIED INDIVIDUALS CURRENTLY MAKE UP THE AIR BOARD. WHY REPLACE THE HAND-PICKED INDIVIDUALS WHO MORE ABOUT INDUSTRY PREVAILING THAN THE HEALTH OF THE PUBLIC THEY REPRESENT? PLEASE VOTE NO. >> EMILY FOLLOWED BY MICHAEL. >> GOOD EVENING, COUNCILORS, I'M A RESIDENT OF DISTRICT NINE AND A MEMBER OF YOUTH UNITED FOR CLIMATE CRISIS ACTION. I'M HERE TO URGE YOU TO VOTE NO ON RESOLUTION O-23, AND 88. AND 176. WHICH WOULD UNDERMINED AND DISBAND THE AIR QUALITY CONTROL BOARD. AS SOMEONE THAT WORKS OUTSIDE ITS IMPORTANT FOR THE AIR TO BE CLEAN I CAN WORK SAFELY. TAKING AUTHORITY AWAY FROM THE AIR QUALITY BOARD WOULD HALT THE REGULATION THAT WOULD PROTECT OVERBURDENED COMMUNITIES. PLEASE SUPPORT CLEAN AIR FOR ALL PEOPLE IN THE CITY OF ALBUQUERQUE. AND I WOULD LIKE TO COMBINE MY COMMENT AND URGE YOU TO VOTE YES ON O-23-89 WHICH MAKES ZERO FARES PERMANENT. ACCESSIBLE TRANSPORTATION IS VITAL TO GO TO WORK AND SCHOOL AND REMOVING THE FINANCIAL -- IS IMPORTANT FOR THE PEOPLE THAT RELY ON THE TRANSPORTATION SYSTEM. THANK YOU. >> MICHAEL FOLLOWED BY PAUL. >> COUNCILORS, AS SOMEONE BORN, RAISED AND WITH DEEP ROOTS IN ALBUQUERQUE, AND STANDING HERE AS A CONCERNED CITIZEN, I'M URGING THE CITY COUNCIL TO VOTE NO ON RESOLUTION O-23-88 AND R-23-176. BOTH OF WHICH WOULD JEP SOMEWHERE NOT ONLY OUR ENVIRONMENT BUT OUR PEOPLE. I HOPE YOU CAN PRIORITIZE THE SAME LEVEL OF CARE AND CONCERN THAT I HAVE IN YOUR DECISION TO VOTE NO ON THE BILL MENTIONED. PLEASE DO NOT SQUANDER THIS OPPORTUNITY TO HELP IMPROVE OUR ENVIRONMENT, FOSTER TRUST WITH OUR COMMUNITY, AND CREATE A CLEANER EQUITABLE ECONOMY THAT ALBUQUERQUE DESERVES. AND IS ASKING FOR. >> PAUL FOLLOWED BY ALAN. ALAN FOLLOWED BY CHRIS. >> MR. PRESIDENT, I AM A LIFE-LONG RESIDENT OF ALBUQUERQUE. I'VE BEEN -- I'M GROWING CONCERNED WHEN WE'RE LOSE OURING LONG-STANDING WAY OF DEMOCRACY. WE'VE BECOME A STATE OF UNFUNDED MANDATES, ONE OF THE BEAUTIES OF MY RIGHT TO CHOOSE. LIVE WHERE I LIVE, EAT, WHICH GROCERY STORE I SHOP AT. JUST YESTERDAY PEOPLE CHOSE WHO THEY FELT MOST QUALIFIED TO REPRESENT THEM. SOMETIMES WE AGREE AND SOMETIMES THEY DISAGREE. THESE TYPES OF ORDERS AND UNFUNDED MANDATE AND UNREGULATED BOARDS HAVE ME CONCERNED. WE WILL LITERALLY DRIVE MILLIONS OUT OF THE STATE AND LOSE JOBS. THE MANDATES ARE NOT THE OPINION OF MOST RESIDENTS. YET THE MEETINGS ARE IN THE SHADOWS. FOR THESE REASONS, WE SUPPORT, OR I SUPPORT BOTH BILLS BY MR. LEWIS. THANK YOU. >> CHRIS FOLLOWED BY CINDY. >> LADIES AND GENTLEMEN OF THE CITY COUNCIL, I STAND BEFORE YOU TODAY NOT ONLY IN SUPPORT OF RESOLUTION O-23-88 BUT ALSO SOMEONE WITH FIRST HAND EXPERIENCE SURROUNDING THE AIR QUALITY BOARD. I FOUGHT TO SUPPORT THE COUNTY APPOINTED POSITION. A POSITION THAT UNFORTUNATELY WENT TO ANOTHER CANDIDATE. THIS EXPERIENCE GAVE ME A UNIQUE PERSPECTIVE ON THE MATTERS. I BELIEVE THAT I COULD HAVE BROUGHT A WEALTH OF ACADEMIC AND ININDUSTRY KNOWLEDGE TO THE BOARD AS THE PRESIDENT OF CONCRETE AND AGGREGATE ASSOCIATION. I WOULD HAVE BEEN ABLE TO PROVIDE A LIFELINE AND BEEN AN ADVOCATE FOR AN INDUSTRY THAT IS VILIFIED IN THE DISCUSSION OF AIR QUALITY. MY DISAPPOINTMENT IS NOT IN SECURING THE POSITION BUT IT GOES BEYOND THE PERSONAL MATTER. IT HIGHLIGHTS A BROAD CONCERN. LACK OF ACCOUNTABILITY AND TRANSPARENCY IN THE OPERATIONS OF THE CURRENT AIR QUALITY CONTROL BOARD. >> CINDY FOLLOWED BY ELEN. >> GOOD EVENING, I'M HERE AS A PARENT AND CONCERNED CITIZEN TO TELL YOU THAT I AM VERY CONCERNED ABOUT OUR AIR QUALITY. WHATEVER DECISIONS ARE MADE NEED TO BE TAKEN EXTREMELY SERIOUSLY. WE NEED TO BE ABLE TO ELECT PEOPLE WHO ARE GOING TO TAKE CARE OF OUR AIR IN THE SAME WE KEY -- WE CAN ELECT SCHOOL BOARD OFFICIALS. WE CAN'T THIS GOING ON IN SUCH CONFUSION. PEOPLE SEEM TO BE SEEING SUCH A DIFFERENT SIDE OF THIS. I CAN SEE OUR AIR IS IN JEOPARDY. I LIVE IN THE SOUTH VALLEY. I GO OUT AND I SMELL THINGS THAT I DON'T KNOW WHAT IT IS. I CAN'T TELL WHERE IT'S COMING FROM. I DON'T SEE SMOKE. I KNOW THAT OVER THE PAST FIVE YEARS I'VE HAD PROBLEMS WITH MY EYES THAT I'VE NEVER HAD BEFORE. I GET SORES ON THE BOTTOM OF MY EYELIDS. I HAVE TROUBLE BREATHING NORMALLY. I HAVE PEOPLE THAT I KNOW THAT I'M CONCERNED WHEN I SEE AIR QUALITY ALERTS AND I HAVE TO TELL THEM TO STAY INDOORS. PLEASE TAKE THIS VOTE SERIOUSLY. >> ELEN FOLLOWED BY GARY. GARY FOLLOWED BY SPENCER. SPENCER FOLLOWED BY JANE. >>COUN. DAVIS: WE'VE GOT A COUPLE FOLKS COMING DOWN. >> MY APOLOGIES. >> GOOD EVENING, PRESIDENT DAVIS, MEMBERS OF THE COUNCIL, I LIVE IN THE NORTH VALLEY. GOOD EVENING, COUNCILOR BENTON. I AM ON THE EXECUTIVE COMMITTEE OF THE ENVIRONMENTAL JUSTICE CAUCUS OF THE DEMOCRATIC PARTY. AND I RISE TO VOICE MY OPPOSITION TO O-23-88. AT A TIME WHEN WE'RE WITNESSING CHANGING CONDITIONS IN THE CLIMATE, WHEN THE QUALITY OF OUR NATURAL RESOURCES, AIR, WATER AND, AND SOIL ARE BEING CHALLENGED, I CAN'T IMAGINE ANY MEMBER OF THIS COUNCIL WHO WOULD WANT TO ABOLISH THE AIR QUALITY CONTROL BOARD. IF THE AQCB IS ABOLISHED, WHO WILL PROTECT OUR AIR QUALITY? IF THE GOVERNMENT WERE TO PROTECT OUR RIGHTS TO CLEAN AIR, WHO WILL? THANK YOU VERY MUCH. >> WE HAVE A SPENCER FOLLOWED BY JANE. >> MR. PRESIDENT, NEW MEXICO LAW SECTION 3, 17 PROVIDES CITY MAY ONLY ADOPT ORDINANCES NOT INCONSISTENT WITH STATE LAW. O-23-88 IS INCONSISTENT WITH THE NEW MEXICO AIR QUALITY CONTROL ACT AND PREEMPTTED BY STATE LAW. A CITY MAY ASSUME JURISDICTION UNDER THE ACT BUT IT DOES NOT DELEGATE THE CITY COUNCIL TO MODIFY THE ACT. IT SEEKS TO CURTAIL THE POWERS OF THE BOARD AND INSERT THE BOARD INTO THE REVIEW PROCESS EVEN THOUGH THEY LACK THE LEGAL AUTHORITY TO DO SO. THE NEW MEXICO SUPREME COURT HELD IN 2005 THAT AGENCIES MAY CONSIDER ENVIRONMENTAL JUSTICE FACTORS IN RULE MAKING. IN 2008 THEY APPLIED THE STANDARD TO THE AIR BOARD. FOR THESE REASONS THE ORDINANCE IS INCONSISTENT WITH NEW MEXICO LAW. THIS EXPOSES THE CITY TO LAWSUIT LIABILITY AND WASTES TAXPAYER MONEY DEFENDING AN ORDINANCE THAT IS INCONSISTENT WITH NEW MEXICO LAW. >> JANE FOLLOWED BY JAMES. >> GOOD EVENING, MR. PRESIDENT, COUNCILORS, I AM HERE ON MY OWN BEHALF. RESIDENT OF THE NORTH VALLEY AND MEMBER OF KR CAMBIO. I HAVE A BACKGROUND IN REGULATORY LAW AND ADMINISTRATIVE LAW. AND I HAVE HAD A CHANCE TO READ THE AIR QUALITY CONTROL ACT OF NEW MEXICO. I AM VERY CONCERNED THAT ORDINANCE 23-88 AND RESOLUTION 23-176 WILL LAND THE CITY IN A VERY DARK, DARK PLACE OF QUESTIONABLE LEGALITY. NUMBER ONE, IT CAUSES THE CITY TO ABDUCT ITS MANDATORY DUTIES UNDER STATE LAW TO ENFORCE THE AIR QUALITY STANDARDS OF THE STATE AND ALSO OF UNITED STATES FEDERAL GOVERNMENT AND TO IMPLEMENT THE RULES NECESSARY TO ENFORCE THOSE LAWS. IT ALSO WOULD VIOLATE THE PEOPLE'S EQUAL PROTECTION AND DUE PROCESS. I URGE YOU TO VOET NO. >>COUN. DAVIS: AFTER ALL THOSE YEARS COMING DOWN BECAUSE YOU WANT TO, -- >> JAMES, FOLLOWED BY LONNIE. >> THANK YOU, PRESIDENT, COUNCIL, COUNCILOR BENTON, THANK YOU FOR SERVING THE NORTH VALLEY FOR AS LONG AS YOU HAVE. I AM THE PRESIDENT OF THE SOUTH TRAIL NEIGHBORHOOD ASSOCIATION. I'M ALSO ON THE EXECUTIVE BOARD OF THE NORTH VALLEY COLDITION. TODAY I'M SPEAKING AS A BURRQUENO. SOMEBODY THAT HAS GROWN UP IN THE VALLEY. MY FAMILY AS THE THE SAME STORY AS MANY PEOPLE SITTING IN THE SEATS. I CAN'T HELP BUT NOTICE THERE'S TWO POINTS OF VIEW. ONE COMING FROM THOSE REPRESENTING THESE POLLUTING INDUSTISTRIES, FOCUSING ONG -- ON THEIR ABILITY TO FINANCIALLY GAIN. AND YOU HAVE OTHER PEOPLE WHO ARE HERE SAYING THEY HAVE CHOICES TO WHERE THEY LIVE. PEOPLE DON'T ALWAYS HAVE CHOICE. AND THE PEOPLE COMING TO YOU TODAY OPPOSING THIS ABOLITION ARE SPEAKING FROM THEIR HEART, THEY'RE NOT SPEAKING FROM ECONOMICS. THEY'RE GIVEN THE OPPORTUNITY TO LIVE HEALTHY, HAPPY LIVES. THANK YOU. >> LONNIE FOLLOWED BY CARLOS. >> HELLO, COUNCILORS, AND PRESIDENT, I HAVE BEEN A RESIDENT HOMEOWNER IN ALBUQUERQUE'S SOUTH VALLEY FOR 35 YEARS. I STAND HERE TO OPPOSE COUNCIL MEMBER LEWIS'S ORDINANCE. I SEE BOTH AS DEEPLY FLAWED. AND THE PROCESS ITSELF AS WELL. THE REASONING FOR COUNCILOR LEWIS'S ORDINANCE AND RESOLUTION RELATING TO THE ALBUQUERQUE-BERNALILLO COUNTY AIR QUALITY BOARD. I VIEW THESE AS AN ATTEMPT TO DISMISS THE HARD PRINCIPLED AND SOUND WORK OF THE MOUNTAIN VIEW COALITION AND THE NEW MEXICO ENVIRONMENTAL LAW CENTER THAT IS TAKEN FORM IN THE PROPOSED REGULATION ENTITLED THE COMMUNITY INITIATED HEALTH ENVIRONMENT EQUITY IMPACT SCHOOL. THIS RULE WILL NOT BE HEARD IN ITS DECEMBER SCHEDULING IF THESE TWO ORDINANCES PASSES TONIGHT. FROM MY PERSPECTIVE, COUNCILOR LEWIS'S ACTIONS ALSO DISCOUNT THE EFFORTS OF NUMEROUS MOUNTAIN VIEW RESIDENTS OVER THE MANY YEARS. >> CARLOS FOLLOWED BY JESSICA. >> COUNCIL PRESIDENT, MEMBERS OF THE COUNCIL, I PROMISE TO DO BETTER THAN LAST TIME. JUST TO FINISH UP MY THOUGHT, THIS BOARD NEEDS TO BE RESTRUCTURED TO REFLECT ALL OF US AS RESIDENTS AND INHAB TANTS OF ALBUQUERQUE AND BERNALILLO COUNTY. THE AIR BOARD HAS DONE AN INCREDIBLE JOB WITH OUR AIR QUALITY. WE'VE MET OR COMEDED THE FEDERAL AIR QUALITY WITH OUR GREAT EMISSIONS PROGRAM SINCE 1996 PER THE EPA WEBSITE. WE HAVE CLEAN AIR IN ALBUQUERQUE AND BERNALILLO COUNTY. THE COUNTY SHOULD ADOPT WHAT WE'RE DOING, OR THIS COUNCIL WILL HAVE THE COURAGE TO ADOPT AND DO THE SAME THING WITH THEIR THREE APPOINTMENTS THAT GO ON THE AIR BOARD. I READ AN OPINION PIECE FROM COMMISSIONER BACA WHERE SHE BLASTED THESE THINGS BUT SHE'S 100% RIGHT, SHE SAID WE SHOULD TAKE A DEEP BREATH AND MOVE TOGETHER FORWARD. WE SHOULD. LET'S PUT A MORATORIUM ON THIS AND STOP IT SO WE CAN DO A BETTER JOB AND COME UP WITH A BOARD MORE REFLECTIVE OF OUR ALL OF OUR NEEDS. NOT JUST ONE GROUP. >> JESSICA FOLLOWED BY SOFIA. ON ZOOM. SOFIA, FOLLOWED BY JIM ON ZOOM. >> GOOD EVENING, PRESIDENT DAVIS, I AM A RESIDENT OF DISTRICT TWO. I'M AN ENVIRONMENTAL JUSTICE COORDINATOR FOR EARTH CARE WHICH IS A COMMUNITY LED ORGANIZATION THROUGH THE ENVIRONMENTAL JUSTICE WORK IN NEW MEXICO. WE HAVE THOUSANDS OF MEMBERS. WE URGE YOU TO VOTE NO ON THESE TWO RESOLUTIONS. OUR COMMUNITY HAS BEEN LOUDLY SUPPORTIVE OF ENVIRONMENTAL PROTECTION FOR VULNERABLE COMMUNITIES. ALBUQUERQUE COMMUNITY HAS SHOWN THE NEED AND SUPPORT FOR THE RULES LIKE THESE. I URGE YOU TO CONSIDER THE LONG-TERM EFFECTS ON US. THE BOARD IS A WAY TO ENGAGE IN PROTECTING OURSELVES FROM THE HARMFUL INDUSTRIES. I DON'T KNOW PEOPLE TALKING ABOUT THAT AIR QUALITY IS GOOD. IT'S NOT IF WE HAVE REGULATIONS BROUGHT FORWARD BY THE COMMUNITY. PLEASE VOTE NO ON THE BILLS. >> KEVIN FOLLOWED BY MARGARET. >> GOOD EVENING, MR. PRESIDENT, COUNCIL, THANK YOU. I'M WITH THE ASSOCIATED CONTRACTORS. THE HEAVY HIGHWAY INDUSTRY FOR NEW MEXICO. WE STAND IN SUPPORT OF RESOLUTION 176 AND O88. COUNCILOR LEWIS DONE A GREAT JOB PREPARING AND PUTTING TOGETHER A REPEAL AND REPLACE EVENT. I THINK EVERYBODY NEEDS TO REALIZE THIS IS GOING TO REPEAL AND REPLACE AND IMPROVE THE AIR QUALITY CONTROL BOARD. THE NEW ORDINANCE CLARIFIES THE CITY'S ENVIRONMENTAL HEALTH DEPARTMENT WILL PROVIDE NECESSARY SUPPORT TO THE BOARD. HOWEVER THE SUPPORT NECESSARY WILL BE DETERMINED BY THE CITY NOT THE BOARD ITSELF. THIS ORDINANCE REQUIRES THE RULES BE APPROVED BY THE CITY ATTORNEY AND COUNTY ATTORNEY. CURRENTLY ONLY THE COUNTY ATTORNEY MUST ME APPROVED. THIS ESTABLISHES OPEN MEETINGS GUARDRAILS AND REINFORCES TRANSPARENCY. THIS IS GOOD GOVERNANCE AND GREAT ACCOUNTABILITY. QUALIFIED EXPERTS WILL BE PUT IN PLACE TO QUALIFY AND MAKE SURE JUSTICE IS DONE. WE STAND IN SUPPORT OF THIS AND WE HOPE YOU WILL TOO. THANK YOU. >> MARGARET FOLLOWED BY VANESSA. >> YES, MR. PRESIDENT, CITY COUNCIL, I'M TRYING TO GET THE VIDEO ON. I'M AN ALBUQUERQUE NATIVE AND LONG TIME CITY RESIDENT. I'M SPEAKING IN STRONG OPPOSITION TO THE BILLS. THIS LEGISLATION IS A SHAMEFUL ABUSE OF FOUR BY COUNCILOR LEWIS AND HIS INDUSTRY BACKERS. IT REPRESENTS AN ALARMING DISREGARD FOR PUBLIC HEALTH AND THE PUBLIC INTEREST. WHICH WE EXPECT OUR ELECTED OFFICIALS TO PROTECT. I URGE YOU TO STOP THIS SELF-SERVING UNLAWFUL AND UNDEMOCRATIC POWER GRAB BY COUNCILOR LEWIS AND INDUSTRY BACKERS. VOTE NO ON O-23-88, AND R-23-176. THANK YOU. >>COUN. LEWIS: I'D LIKE TO MAKE A COMMENT. >>COUN. DAVIS: HOLD ON JUST A MINUTE. >>COUN. LEWIS: I APOLOGIZE TO THE SPEAKER. WE'LL MAKE SURE SHE HAS HER FULL TIME. YOU KNOW, IT'S JUST REPEATED. AND DURING PUBLIC COMMENT, YOU'RE GIVEN THE ABILITY TO SAY WHATEVER YOU LIKE. AND WE'RE LISTENING AND APPRECIATE EVERYBODY DOING THAT. I DO -- I THINK IT'S IMPORTANT WHEN THINGS ARE REPEATED OVER AND OVER THAT IS NOT TRUE. I WANT TO TAKE TIME AND STOP AND SAY THAT'S NOT TRUE. AGAIN, YOU SAY WHATEVER YOU WANT AND SAY THINGS THAT AREN'T TRUE. I WANT YOU TO SAY KNOWING IT'S NOT TRUE. WE'RE NOT COMPLETELY GETTING RID OF THIS AIR QUALITY BOARD. THAT'S WHAT NOT THIS DOES. WE'RE REPLACING THE MEMBERS IN EXACTLY THE SAME WAY THEY'RE CURRENTLY APPOINTED. IT'S A PROCESS, IF YOU HAVEN'T READ THE BIL -- IT REPLACES THEM IN THE SAME PROCESS WHERE THEY ALREADY ARE APOINTED. THERE'S THE HIGH SCHOOL TEACHER THAT SPOKE EARLIER, AND I HOPE THAT HIGH SCHOOL TEACHER IS TEACHING HIS STUDENTS ABOUT GOOD GOVERNANCE. ABOUT A COMMITTEE BEING OPEN TO IPRA REQUESTS AND KNOWING THE PEOPLE'S BUSINESS. THAT A COMMITTEE WOULD BE OPEN TO THE OPEN MEETINGS ACT AND A NUMBER OF OTHER THINGS THIS BILL ADDRESSES. AGAIN, IT'S IMPORTANT -- WE'VE HAD A LOT OF SPEAKERS BEFORE WE GET BACK TO MAKING OUR ARGUMENTS AND TALKING ABOUT THIS BILL IN JUST A MOMENT. IT'S GOING TO BE A GOOD WHILE BEFORE WE GET THERE. I APPRECIATE THE SPEAKERS COMMENTS. >>COUN. DAVIS: LET'S GO BACK TO THE SPEAKER. AND WE'LL RESET HER TIME. VANESSA. >> GOOD EVENING, PRESIDENT, MEMBERS OF THE CITY COUNCIL. I'M COUNSEL FOR THE PUEBLO OF ISLETA. WE'RE DOWN STREAM, DOWN WIND FROM POLLUTING INDUSTRIES IN ALBUQUERQUE AND THE SOUTH VALLEY. THE LANDS AND NATURAL RESOURCES UNDER THE AIR QUALITY CONTROL BOARD JURISDICTION HAS HISTORICAL AND CULTURAL SIGNIFICANCE TO THE PUEBLO. MANY TRAVEL MEMBERS WHO LIVE ON THE PUEBLO ALSO LIVE IN BERNALILLO COUNTY. ISLETA IS FORCED TO CONFORM TO THE DEVELOPMENT FROM INDUSTRIAL LANDS TO THE NORTH THAT POLLUTED THEIR AIR, WATER, AND LAND AND THEY HAVE RAISED CONCERNS OF POLLUTING ASPHALT PLANTS DURING THE PROCESS. THE AIR QUALITY BOARD PLAYS A VERY IMPORTANT IN ROLE ENSURING ALL BERNALILLO COUNTY RESIDENTS. WE'RE REQUESTING SUPPORT ANY ACTION TO PRESERVE THE FUNCTIONS OF THE AIR QUALITY CONTROL BOARD. THANK YOU. >> ANADITH FOLLOWED BY TERRY. >> I'M A RESIDENT OF THE INTERNATIONAL DISTRICT. I'M HERE TO SPEAK ON BEHALF OF THE YOUTH UNITED FOR CLIMATE ACTION. WE'RE YOUTH-LED CLIMATE ORGANIZATION WITH THOUSANDS OF MEMBERS ACROSS THE STATE. I URGE YOU TO VOTE NO ON O-88 AND R-176 SINGS IT CALLS TO ABOLISH THE AIR QUALITY CONTROL BOARD. VOTE YES ON O-89. O-88 AND R-176 THREATEN THE HEARING AND HEALTH OF THE COMMUNITY. BECAUSE WE SUPPORT THIS REGULATION, WE ALSO SEE ZERO FARES PROGRAM AS ADDRESSING THE CLIMATE CRISIS. THIS PROGRAM IN CONJUNCTION WITH HEI REGULATION IS AIDING THE CITY IN REDUCING GREENHOUSE GAS EMISSION AND INCENTIVIZE ETHICAL AND RENEWABLE BUSINESSES. THANK YOU OF ALL OF THE RESIDENTS OF BERNALILLO COUNTY AND PROTECT THE YOUTH OF NEW MEXICO. THIS IS YOUR RESPONSIBILITY. >> TERRY FOLLOWED BY GRACE. >> THANK YOU, COUNCILORS. MR. PRESIDENT, I SPEAK BECAUSE I'M UTTERLY AGHAST AT WHAT THIS ORDINANCE IS ATTEMPTING TO DO. IT WANTS TO DISBAND A CONSTITUTED ANSWERABLE PUBLICABLE BODY. THE AIR QUALITY CONTROL BOARD AND DISBAND THE BOARD FOR THE SOLE PURPOSE OF PREVENTING FROM HEARING THE MOUNTAIN VIEW'S COALITION REGULATION. COUNCILOR LEWIS SPECIFICALLY TOOK AIM AT THE HEEI IN MAY WITH THE RESOLUTION CONDEMNING IT. AND IT'S BACK AGAIN HOPING TO PULL THE RUG FROM UNDER A LEGAL AND LEGITIMATE PROCESS. AND AN ANALOGY IS IF THE SUPREME COURT HAS A VOTING RIGHTS AND CONGRESS IS WORRIED ABOUT HOW THAT COURT MIGHT RULE. SO THEY DISBAND THE SUPREME COURT AND APPOINT NEW MEMBERS. YOU MIGHT FIND THAT OUTRAGEOUS. THIS IS CLOSE TO THE SAME KIND OF SCENARIO. IT'S DRESSED UP AS DEMOCRACY BECAUSE IT'S AN ORDINANCE AND IN FRONT OF THE CITY COUNCIL. ONE DEFINITION OF TYRANNY IS THE ARBITARY USE OF POWER. VOTE NO. THANK YOU. >> GRACE FOLLOWED BY JAMIE. >> COUNCILOR DAVIS, COUNCILORS, THANK YOU FOR THE OPPORTUNITY TO BE HERE TONIGHT. I'M SPEAKING IN MY CAPACITY AS A PRIVATE CITIZEN AND RESIDENT OF ALBUQUERQUE'S SEVENTH DISTRICT. SOME OF YOU MAY REMEMBER MY COMMENTS AT THE REQUEST OF THE CITY ON BEHALF OF THE ALBUQUERQUE TAX PREPARER'S ORDINANCE. I SEE THE SAME PAT WERE HERE AS I SAW THERE. REPEAL, DEFER, AND REPLACE IN ORDER TO SERVE PRIVATE INTERESTS. IN A DEMOCRACY EVERYONE'S VOICE, INCLUDING THOSE OF EXPERTS IN THE COMMUNITY, SHOULD BE VALUED. THESE PIECES OF LEGISLATION IN MY VIEW FAIL TO HONOR THAT GALL. THANK YOU. >> JAMIE FOLLOWED BY CAELEB. >> GOOD EVENING, PRESIDENT DAVIS, I'M HERE TO ADDRESS THE SINISTER NATURE OF THIS BILL THAT CITES ACCOUNTABILITY, DEMOCRATIC PROCESSES AND GOOD NUFB GUARANTEEANCE OF POINTS OF ISSUE AS THE AIR QUALITY BOARD. IGNORING THE DEMOCRATIC QUALITIES. I URGE YOU TO SEE THROUGH THE DECEIT AND OPPOSE O-88 AND R-176. THE ISSUES RAISED HERE SOUND LIKE THOSE OF A -- [ INAUDIBLE ] CLAIMS TO POSSESS TAKE PLACE BY UPPENDING AN ESTABLISHED BOARD. I UNDERSTAND THE HEALTH EQUITY REGULATION IS COMING UP IN DECEMBER. A PRIME EXAMPLE OF THE DEMOCRATIC PROCESS AND IT SHOULD BE ALLOWED TO UNFOLD. GIVEN THE NATURE OF THE LEGISLATION I URGE YOU TO VOTE IT INTO OBLIVION. [ INAUDIBLE ] >> CAELEB FOLLOWED BY JANE. >> GOOD EVENING, MR. PRESIDENT, LADIES AND GENTLEMEN, I'M HERE TO SPEAK ON BEHALF OF JCC RIO GRANDE IN SUPPORT OF THE ORDINANCE. 23-88 AND RESOLUTION 23-176. GCC PRODUCES CEMENT, CONCRETE AND OTHER PRODUCTS FOR THE CONSTRUCTION INDUSTRY, AND IT HAS FACILITIES WITHIN THE CITY AND THE COUNTY OF BERNALILLO. AS ONE REPRESENTATIVE OF INDUSTRY IN THE CITY, GCC VOICES ITS SUPPORT OF THE PROPOSED ORDINANCE AND RESOLUTION OF THE COMPOSITION OF THE AIR QUALITY BOARD. -- THANK YOU AND HAVE A GOOD EVENING. >> JANE FOLLOWED BY SANDRA. >> MR. PRESIDENT, COUNCILORS, O-23-88 SUGGESTION THIS COUNCIL VIEWS ENGAGING WITH THE PUBLIC AND WORKING IN GOOD FAITH WITH THE COUNTY IS IRRELEVANT RATHER THAN ESSENTIAL TO GOOD GOVERNANCE. INSTEAD COUNCIL IS WILLING TO CONSIDER UNILATERAL CHANGES TO A JOINT BOARD. THE COUNTY COMMISSION PASSED A RESOLUTION CALLING FOR A DEFERRAL OF THE LEGISLATION UNTIL COMMISSIONERS CAN BE CONSULTED. IF YOU PASS THIS, I BELIEVE THE PROPOSED CHANGES TO THE ALBUQUERQUE BERNALILLO COUNTY AIR QUALITY BOARD REPRESENT A MECHANISM FOR INCREASING TRANSPARENCY AND ACCOUNTABILITY AND ENHANCING THE HEALTH AND SAFETY OF RESIDENCE, YOU SHOULD DEFER CONSIDERATION OF O-23-88. COUNCILORS, I'M A TAXPAYER IN THE CITY AND THE COUNTY. I EXPECT THEM TO WORK IN CONCERT IN THE NEEDS OFFENSE THIS AREA. THANK YOU FOR YOUR TIME AND ATTENTION. >> SANDRA FOLLOWED BY ROSEMARY. >> GOOD EVENING, THANK YOU, MR. PRESIDENT. THANK YOU FOR THE OPPORTUNITY TO SPEAK AGAINST RESOLUTION O-23-88 AND R-23-176. AS MANY NOTED BEFORE ME, AIR QUALITY IS A SHARED RESOURCE, AND A SHARED CHALLENGE WHICH SHOULD BE ADDRESSED BY JEGRAPHICALLY WIDE BOARD AS POSSIBLE. I'M SPEAKING AS A LOCAL SMALL BUSINESS OWNER IN BERNALILLO COUNTY. KNOWING THAT THERE ARE MANY OTHER SMALL BUSINESSES THAT FEEL THE SAME WAY AND SUPPORT THE CURRENT AIR QUALITY CONTROL BOARD. ALTHOUGH I DO AGREE, ANY COMMUNITY ENGAGEMENT PROCESS CAN BE IMPROVED. I ASK THE COUNCIL TO PLEASE REMEMBER THAT BUSINESSES COME IN ALL SHAPES AND SIZES AND SMALL BUSINESSES PROVIDE OVER 50% OF THE EMPLOYMENT IN THIS STATE. FARMERS, PROVIDERS OF SERVICES TO NETFLIX, NURSING HOME PROVIDERS, LOCAL CONTRACTORS ON WHOM WE RELY ON, WE NEED GOOD AIR QUALITY, HEALTHY WORKERS AND FAMILYIES, AND WE NEED A VOICE THAT'S NOT AGGREGATED. PLEASE VOTE AGAINST THESE. >> ROSEMARY FOLLOWED BY LANA. >> MEMBERS OF THE COUNCIL, I'M A RESIDENT OF DISTRICT TWO SPEAKING IN MY INDIVIDUAL CAPACITY AND AS A MEMBER OF THE PROGRAM ADVISORY COMMITTEE OF THE AMERICAN FRIEND SERVICE COMMITTEE NEW MEXICO PROGRAM. I ASK YOU TO REJECT PROPOSED RESOLUTIONS O-23-88 AND R-23-176. RESOLUTION O-23-88 APPEARS TO BE A BACKDOOR ATTEMPT TO UNDERMINE THE EFFORTS OF THE PEOPLE OF MOUNTAIN VIEW AND MAKE A CITIZEN CHANGE TO AIR QUALITY REGULATIONS. RESOLUTION R-23-176 IS AN ATTEMPT TO MAKE SURE THAT THE AIR QUALITY CONTROL BOARD CANNOT EVEN FINISH WORK ON THE RESOLUTION BEFORE IT WHICH IT ALREADY HAD HEARING AND TESTIMONY INPUT FROM THE COMMUNITY. I WOULD NOTE THAT THE JOINT COUNTY-CITY BOARD AND THE COUNTY ITSELF HAS NOT ONLY VOTED THAT THIS CITY LEGISLATION SHOULD BE DEFERRED, BUT HAS AUTHORIZED ITS ATTORNEY TO FILE LITIGATION IF YOU PROCEED WITH THIS. WE DON'T NEED MORE LITIGATION, WE NEED MORE WORKING TOGETHER. I HOPE YOU OPPOSE O-23-188 AND R-23-176. >> LANA FOLLOWED BY DORALE. >> GOOD EVENING, MR. PRESIDENT, MEMBERS OF THE CITY COUNCIL, I'M THE EXECUTIVE VICE PRESIDENT OF THE HOME BUILDER'S ASSOCIATION OF CENTRAL NEW MEXICO. LISTENING TO EVERYONE'S COMMENTS, THERE'S ONE THAT STANDS OUT IN O-23-88. ONE THAT IS VERY IMPORTANT TO BRING A WIDER RANGE OF EXPERIENCE TO THIS GROUP. THIS WILL ALLOW FOR MORE INFORMED DECISION MAKING ON AIR POLLUTION CONTROL, OVERALL THESE CHANGES WILL CONTRIBUTE TO A HEALTHIER ENVIRONMENT. YES, HOME BUILDERS ARE FOR A HEALTHIER ENVIRONMENT. AND AT THE SAME TIME CREATE A CONDUCIVE ENVIRONMENT FOR ECONOMIC GROWTH. IT DOES NOT HAVE TO BE ONE OR THE OTHER. ALL OF US ARE FAMILIAR WITH R-123-176. AS PROPOSED IT WILL HELP CREATE A REGULATORY FRAMEWORK THAT SUPPORTS BOTH. THAT'S THE KEYWORD. BOTH. PUBLIC WELFARE ASK -- AND THE GROWTH OF OUR COMMUNITY. THESE ARE VERY IMPORTANT TO ALL OF US. IT'S IMPORTANT TO TAKE THE STEP, AND SAFEGUARD THE CITY'S ECONOMIC PROGRESS WHILE UPHOLDING THE COMMITMENT TO ECONOMIC AND ENVIRONMENTAL PROTECTION. >> JOELE. >> I'M A RESIDENT OF BERNALILLO COUNTY. AND ALBUQUERQUE SOUTH VALLEY RESIDENT. I LOVE MY BEAUTIFUL DIVERSE CITY. ALBUQUERQUE IS ONE OF THE MOST POLLUTED CITIES IN THE CITY. IN ORDER TO IMPROVE THE WELL BEING OF ALL PEOPLE, PARTICULARLY COMMUNITIES THAT BEAR THE BURDEN OF POLLUTION, WE NEED THE CURRENT HIGHLY QUALIFIED AIR BOARD MEMBERS THE ATTENTIONS THEY DESERVE INCLUDING A FAIR AND TRANSPARENT HEARING. I URGE THE COUNCIL TO RESPECT THE EXISTING AIR QUALITY CONTROL BOARD STATE MANDATED RESPONSIBILITY BY VOTING NO. THIS IS A PLATANT ATTEMPT TO REWRITE THE NEW MEXICO AIR QUALITY CONTROL ACT. THE AIR QUALITY CONTROL BOARD'S IMPORTANT WORK MUST NOT BE DELAYED. THANK YOU. >> NANCY FOLLOWED BY DIANE. >> THANK YOU, PRESIDENT DAVIS, COUNCIL MEMBERS, I URGE YOU TO OPPOSE THESE TWO BILLS FOR THE CRITICAL REASONS THAT HAVE BEEN MENTIONED IN TERMS OF JUSTICE. ONE POINT THAT IS NOT DISCUSSED ENOUGH IS THE EXTREMELY SERIOUS IMPACT OF AIR QUALITY ON HEALTH. ONE IS U.S. AIR STANDARDS ARE ALREADY WAY BELOW THE GLOBAL STANDARDS WHICH WERE SET UP FOR MEDICAL CONSIDERATIONS. THE SECOND ONE IS THAT AIR POLLUTION ITSELF IN THE UNITED STATES CONTRIBUTES TO OVER 107,000 DEATHS A YEAR. AND FOR THOSE OF YOU LOOKING FOR ECONOMIC IMPACT, I NEED TO REMIND YOU THAT AIR POLLUTION ON AVERAGE COSTS EVERY SINGLE AMERICAN IN THE UNITED STATES $2,500 A YEAR IN MEDICAL COSTS. I THINK IF WRAER LOOKING AT THE ICIMPACTS, WE NEED TO CONSIDER THOSE AS WELL. THANK YOU. >> MR. PRESIDENT, THAT'S EVERYBODY FOR 176 AND 88. A LOT OF PEOPLE HAVE DROPPED OFF AND ARE NO LONGER IN ZOOM. THANK YOU. >>COUN. DAVIS: WELL DONE. THANK YOU VERY MUCH. THANK YOU TO ALL OF THE SPEAKERS FOR BEING PATIENT. AS PROMISED WE HAVE TO DO A BREAK. WE NEED TO DO PROCEDURAL THINGS. I MAKE A MOTION TO TABLE THIS. WE HAVE ONE MORE THAT DROPPED. >> YES, WE HAVE ONE. >>COUN. DAVIS: I'LL HAVE LEGAL EXPLAIN. YOU HAVE ONE MORE SPEAKER. >> I HAVE A COUPLE MORE THAT HAD PREVIOUSLY DECLINED. WE'RE GOING TO GO AHEAD WITH -- >>COUN. DAVIS: AS LONG AS THEY'RE ON THE PREVIOUS LIST. >> LILANA FOLLOWED BY NORA. >> CAN YOU HEAR ME? WONDERFUL. THANK YOU, COUNCIL FOR THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT. I LIVE IN THE COUNTY OF BERNALILLO. I URGE YOU TO OPPOSE O-23-88 AND R-23-176 DUE TO ATTEMPT TO STOP THE CRITICAL WORK OF THE JOINT CITY AND COUNTY AIR BOARD WHICH HAS DONE CRITICAL WORK SINCE THE CREATION. THE BERNALILLO COUNTY COMMISSION OPPOSED THIS MANEUVER AND REQUESTED THE CITY COUNCIL DEFER ACTION ON THIS MEASURE. BOTH PIECES OF LEGISLATION WOULD DIS ENFRANCHISE DIS PEOPLE THAT LIVE OUTSIDE OF CITY BOUNDARIES. I'M NOT SURPRISED THAT INDUSTRIES AND BUSINESSES ARE ATTEMPTING TO REGULATE THEMSELVES. A MISCARRIAGE OF JUSTICE IF THE CITY COUNCIL SUPPORTS SUCH A MEASURE. I OPPOSE -- I URGE YOUR OPPOSITION. THANK YOU. >> NORA. ARE YOU WITH US? NORA, CAN YOU UNMUTE? >> YES, CAN YOU HEAR ME? >> WE CAN HEAR YOU. GO AHEAD. >> OKAY. I AM A MEMBER OF THE MOUNTAIN VIEW COALITION. I AM OPPOSED TO THE RESOLUTION AND ORDINANCE PROPOSED BY COUNCILOR LEWIS, O-23-88. AND R-23-176. I AM IN SUPPORT OF THE HEALTH ENVIRONMENT AND EQUITY IMPACT REGULATIONS FOR THE PROTECTION OF PUBLIC HEALTH IN BERNALILLO COUNTY. ESPECIALLY IN THE OVERBURDENED COMMUNITIES BY POLLUTING INDUSTRIAL BUSINESSES IN THE MOUNTAIN VIEW AREA. WE HAVE A CONSTITUTIONAL RIGHT TO BREATHE CLEAN AIR. WE WILL NOT STAND FOR POLITICAL GAIN FILLED WITH RACISM AND DISCRIMINATION TOWARD OUR COMMUNITY. I URGE YOU TO VOTE NO. THANK YOU. >> THAT DOES CONCLUDE COMMENT. >>COUN. DAVIS: OKAY. LET ME EXPLAIN THIS. I'M SORRY, DO YOU HAVE ONE MORE? >> I NEED TO REMIND PEOPLE THAT PLEASE SIGN INTO ZOOM AS THE NAME THAT YOU REGISTERED FOR. DO YOU HAVE ANY MORE? >>COUN. DAVIS: WE'RE GOING TO CLOSE COMMENT. HERE'S WHAT WE NEED TO DO. THE COUNCIL IS REQUIRED TO GO INTO EXECUTIVE SESSION. WE'RE GOING TO DO THAT OVER OUR LUNCH BREAK. IN ORDER TO TAKE UP AN EXECUTIVE SESSION WE HAVE TO PAUSE THE ITEM WE'RE WORKING ON RIGHT NOW IN ORDER TO MOVE SOMETHING ELSE. I MAKE A MOTION THAT WE TABLE THIS MATTER UP THE AFTER THE BREAK. WE'LL COME BACK AND WE'LL PICK THIS RIGHT UP WHERE WE LEFT IT. >>COUN. LEWIS: DO WE HAVE TO TABLE IT? >> COUNCILOR DAVIS, COUNCILOR LEWIS, WE DO NEED TO TABLE THE MATTER FOR THE PURPOSE OF PICKING UP THE EXECUTIVE SESSION. WE'LL TABLE IT, BUT ME MUST RESUME THE ITEM. >>COUN. LEWIS: I'M OPEN TO THIS. I THINK WE MIGHT HAVE GIVEN THE PEOPLE THE IMPRESSION THAT WE WOULD MOVE THE OTHER BILL AND SPEAK ON THE OTHER BILL. >>COUN. DAVIS: WE COVERED ALL THE PUBLIC COMMENT ON BOTH BILLS THAT. >>COUN. LEWIS: I DON'T THINK WE DID. WE COVERED THE PUBLIC COMMENT ON BOTH BILLS. >>COUN. DAVIS: WE DID. WE HAD -- >>COUN. LEWIS: I THINK I WAS ONLY CALLED A RACIST LIKE FIVE OR SIX TIMES. >>COUN. DAVIS: MOTION ON THE FLOOR, IS THERE A SECOND? ANY DISCUSSION? PLEASE CALL THE ROLL OF THE MOTION TO TABLE O-88. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. SDMRD OKAY. >>COUN. DAVIS: A COUPLE OTHER THINGS. WE'RE GOING TO MOVE INTO EXECUTIVE SESSION. MAKE A MOTION TO MOVE INTO EXECUTIVE SESSION TO DISCUSS THE MATTER OF WILLIAMS VERSUS CITY OF ALBUQUERQUE WHICH IS SUBJECT OF ATTORNEY CLIENT PRIVILEGE PERTAINING TO THREATENED LITIGATION AS PERMITTED BY NMSA1978. DO WE HAVE A SECOND? SECOND FROM THE VICE-PRESIDENT. PLEASE CALL THE ROLL ON EXECUTIVE SESSION. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: WE'RE GOING TO TAKE BREAK. 30-MINUTE BREAK USUALLY TAKES ABOUT 45 MINUTES AND WE'LL COME BACK AND PICK THIS UP WHERE WE LEFT OFF. ALSO, WHILE WE'RE ON THE WAY OUT. I WANT TO INTRODUCE OUR NEW COUNCILOR ELECT. WHO IS WITH US ON THE AISLE. CONGRATULATE HIM AND WELCOME HIM ON A VICTORY WELL WON. THANK YOU. >>COUN. DAVIS: I THINK YOU'RE MUTED. BUT WE KNOW YOU'RE THERE. >>COUN. DAVIS: NICE TO SEE YOU. >>COUN. JONES: NICE TO BE SEEN. I HOPE YOU HAD A NICE BREAK. >>COUN. DAVIS: WE'LL SEE. ALL RIGHT, FOLKS. WE'RE BACK. WHEN WE LAST LEFT THE ADVENTURE, WE TABLED O-88 TO BE DOING AN EXECUTIVE SESSION. TO BRING US OUT OF EXECUTIVE SESSION, I AFFIRM THAT THE MATTERS DISCUSSED TODAY WERE LIMITED TO THOSE SPECIFIED IN THE MOTION FOR CLOSURE. THAT BEING SAID, WE'RE BACK IN BUSINESS. AND I'LL MAKE A MOTION TO REMOVE O-88 FROM THE TABLE TO RESUME THAT MATTER. SECOND FROM COUNCILOR BASSAN. ANY DISCUSSION? SEEING NONE. WE'LL ASK THE CLERK TO CALL THE ROLL OF THE MOTION TO RESUME. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: BEFORE WE GET TO THE BILL. ONE PROCEDURAL NOTE. I KNOW WE HAD STUDENTS THAT LEFT A MESSAGE HERE DURING THE BREAK. STUDENTS HOPING TO SPEAK ON O-89D WHICH IS THE ZERO FARES BILL. I WOULD LIKE TO SPEAK EARLY, IF POSSIBLE. COUNCILOR LEWIS'S MOTION REQUIRES US TO TAKE THE OTHER BILLS FIRST. I WANT TO DEFER TO THE SPONSOR. IF HE'S WILLING TO LET THE STUDENTS SPEAK AS A PUBLIC COMMENT MATTER OR PROCEED WITH THE TWO ITEMS. >>COUN. LEWIS: HOW MANY OF THEM ARE THERE? >>COUN. DAVIS: IF YOU'RE GOING TO SCHOOL AND HAVE NOT BEEN CALLED FOR PUBLIC, RAISE YOUR HAND. YOU BETTER DO IT NOW OR YOU WON'T GET TO TALK. SIX -- ONE MINUTE A PIECE. WOULD YOU LET THE TEN STUDENTS? >>COUN. LEWIS: WE'LL BE HERE TO 3 A.M. I'M GLAD TO HEAR THE STUDENTS. I'M WILLING TO DEAL WITH THE PEOPLE'S BUSINESS IF IT TAKES US UNTIL 3 A.M. I'M HAPPY TO. I'M NOT GOING TO IN ANY WAY PUSH ANYTHING OFF SO WE CAN'T HEAR IT. >>COUN. DAVIS: YOU'RE OKAY WITH IT? >>COUN. LEWIS: I'M SAYING THAT. >>COUN. DAVIS: IF YOU'RE A STUDENT GOING TO SCHOOL AND YOU HAVE SIGNED UP FOR PUBLIC COMMENT. COME ON DOWN. >> MR. PRESIDENT, WE HAVE TO MOVE THAT BILL. WE HAVE TO PUT IT ON THE TABLE. >>COUN. DAVIS: WITH WE UNDO THAT MOTION? LET'S UNDO -- WE'LL MAKE A MOTION TO RETABLE. >>COUN. LEWIS: DO WE NEED TO DO THAT? >> COUNCIL PRESIDENT -- >>COUN. DAVIS: WE CAN ALLOW THEM TO COMMENT. IF YOU WANT TO OVERPRIDE -- NAME THEM AND LET THEM SPEAK. YOU HAVE ONE MINUTE TO SPEAK ON YOUR TOPIC. IT HAS TO BE THE ONE YOU SIGNED UP ON. AND WE'LL COME BACK AND TALK ABOUT THOSE BILLS. THANK YOU, COUNCILOR LEWIS. >> THANK YOU, MR. PRESIDENT. >> OUR FIRST SPEAKER WILL BE MANUEL. >>COUN. DAVIS: WELCOME. >> THANK YOU. HI. TODAY, I'M GOING TO ASK YOU TO SAVE THE ZERO FARES BECAUSE SOME PEOPLE, WE NEED IT, BECAUSE LIKE WE HAVE THINGS TO DO. YOU KNOW. IN THIS ECONOMY, IT'S TOO MUCH. THANK YOU. >>COUN. DAVIS: THANK YOU FOR BEING HERE. >> NEXT SPEAKER IS LUIZ FOLLOWED BY RAUL. >> SORRY. I'D LIKE TO SAVE ZERO FARES FOR FREE. ZERO FARES FOREVER. BYE. >>COUN. DAVIS: THANK YOU. >> YES. >> NEXT WE HAVE RAUL FOLLOWED BY KEVIN. >> GOOD EVENING. I'M HERE TO ADVOCATE FOR ZERO FARES. BECAUSE ABOUT LIKE A MAJORITY OF THE PEOPLE THAT USE THE BUS ARE NOT AN IDEAL FINANCIAL SPACE. ZERO FARES IS REALLY LIKE HELPING THEM DO WHAT THEY NEED TO DO. LIKE WHETHER IT BE A DOCTOR'S APPOINTMENT OR SOMETHING LIKE THAT. BASIC NECESSITIES THAT HUMANS NEED. AND THAT WE ALL NEED IN GENERAL. SOME PEOPLE STRUGGLE MORE TO NEED. IT HELPS A WIDER VARIETY OF PEOPLE GET THEIR GOALS. AND REACH THEM QUICKER. IF YOU CAN PLEASE VOTE YES FOR ZERO FARES. THANK YOU. >> KEVIN FOLLOWED BY ALINA. >> COUNCILOR DAVIS, OTHER COUNCILMEN, I'M HERE AS A HIGH SCHOOL STUDENT. ADVOCATING FOR ZERO FARES. I'VE SEEN APS STUDENTS THROUGHOUT MY OWN SCHOOL HAVE EXCELLED AFTER TRANSPORTATION WAS NO LONGER A BARRIER FOR THEM. I HAVE BEEN WORKING AND DOING SCHOOL ALL AT ONCE. WITHOUT ZEROFARES I WOULDN'T BE ABLE TO DO THAT. I HOPE FOR A JUST STANDING AND RULING FROM THIS FINE COUNCIL. AND WHAT TIME IS IT? IT'S PROBABLY PAST THE TIME IN WHICH THE BUSES ARE PASSING. I WILL FIND A WAY HOME. THANK YOU. >> ARINA FOLLOWED -- >> I'M A -- I'M 14th AT INNATIVE-AMERICAN ACADEMY. IT HELPS EVERYONE GET AROUND. IT HELPS WITH FINANCIAL BARRIER FOR TRANSPORTATION. IT HELPS MY FAMILY. THANK YOU FOR THIS TIME. >> GUSMAN. >> I'M 15 YEARS OLD AND I GO TO DEL NORTE HIGH SCHOOL. THE ONLY REASON I'M HERE TODAY IS BECAUSE I RIDE THE BUS, MY FAMILY HAS BEEN RIDING THE BUS. I'M HERE TO SUPPORT THAT. I'M KIND OF NERVOUS RIGHT NOW. YOU DON'T SEE YOUNG PEOPLE LIKE ME HERE. I'M ONLY HERE BECAUSE I RIDE THE BUS. MY FAMILY HAS BEEN RIDING THE BUS. SINCE I CAME TO AMERICA ME AND MY FAMILY HAVE BEEN USING THE BUS. WE COULDN'T AFFORD MUCH OF ANYTHING. I DIDN'T HAVE A DAD OR ANY SIBLINGS OLD ENOUGH TO WORK. MY MOM COULDN'T WORK BECAUSE SHE WAS DISABLED. WE USE THE BUS TO GET AROUND. WHEN THE BUSES WERE MADE FREE, I WENT EVERYWHERE. GO TO THE COMMUNITIES, SCHOOLS AND EVERYWHERE. >>COUN. DAVIS: FING YOUR THOUGHT. >> TO GET HOME SCHOOL, AND I ASK FOR THE ZERO FARES BECAUSE OTHERS LIKE ME AND MY FAMILY DON'T STREET STRUGGLE THROUGH WHAT I'VE BEEN. I WANT THEM TO NOT STRUGGLE THROUGH WHAT ME AND MY FAMILY HAS BEEN THROUGH. >>COUN. DAVIS: THANK YOU FOR COMING DOWN. >> I BELIEVE THAT'S IT FOR THE STUDENTS. >>COUN. DAVIS: THANK YOU, COUNCILORS, FOR LETTING US DO THAT. WE'LL GET TO THAT BILL SHORLY. COUNCILOR LEWIS, WE'RE BACK ON O-88. >>COUN. LEWIS: THANK YOU, MR. PRESIDENT. THIS IS O-88. MOVED AND SECONDED. WE'LL START AN INTRODUCTION AND HAVE OUR COUNCIL DISCUSSION SHORTLY. JUST SOME COMMENTS INITIALLY ABOUT THAT. VERY GRATEFUL FOR THE PUBLIC COMMENT AND THE MANY EMAILS AND CALLS AND TEXTS THAT CAME IN ABOUT THIS. I DO WANT TO SAY, AGAIN, A LOT OF MISCONCEPTIONS ABOUT THIS BILL AND AS PEOPLE READ IT MANY CAME BACK AND SAID IT MAKES A LOT OF SENSE. I APPRECIATE THOSE THAT READ THE BILL AND TAKEN THE TIME TO LURN IT UNDERSTAND AND THE CONCEPT. AS I SAID BEFORE, THIS BILL DOES REPLACE THE BOARD. I WOULD SAY THAT THE GENTLEMAN THAT SAID IT WAS UNPRECEDENTED THAT WE'VE NEVER DONE THIS BEFORE, IN FACT, WE COMPLETELY GOT RID OF THE APOA AT ONE POINT. REPLACED IT. THERE'S PRECEDENCE FOR THIS. IN FACT, THERE WAS MANY ISSUES AND THE REASONS WHY THIS COUNCIL DID THAT. THAT'S VERY SIMILAR AND OVER THE PAST 40 YEARS I'M SURE THERE'S MANY OTHER WAYS FOR COMMISSIONS AND BOARDS THIS COUNCIL SETS UP TO BE ABLE TO MAKE ADJUSTMENTS AND AMENDMENTS TO HOW THOSE BOARDS AND COMMISSIONS OPERATE. CERTAINLY PRECEDENCE BEFORE. LOOK, WE CAN PASS THIS TONIGHT AND THE MAYOR COULD APPOINT -- THESE ARE THE SAME PROCESSES. THE MAYOR CAN APPOINT FOUR MORE PEOPLE TOMORROW. THAT WOULD GO THROUGH THE PROCESS AND BEING CONFIRMED BY THE COUNCIL. WITH THE CRITERIA THAT WE LAY OUT IN THIS BILL WHICH I THINK IS ABOUT GOOD GOVERNANCE. IT'S ABOUT A VARIETY AND DIVERSITY OF PEOPLE ON THE BOARD. I ASK THIS QUESTION AS A RHETORICAL QUESTION. I'M GOING TO SAY IT. I DON'T WANT TO SOUND CUTE ABOUT IT. THE COUNTY PAYS ZERO DOLLARS FOR THIS BOARD. THE COUNTY DOESN'T PUT ONE PENNY INTO THE AIR QUALITY BOARD. THIS IS ENTIRELY FUNDED BY FEES AND ENTIRELY FUNDED BY THE CITY OF ALBUQUERQUE. THIS GOES TO OUR BUDGET. WE APPROVE THE BUDGET FOR THE AIR QUALITY BOARD. THE DECISIONS THE AIR QUALITY BOARD MAKE, WE'RE RESPONSIBLE FOR THE FUNDING THAT GOES ALONG WITH IT. AGAIN, THE COUNTY DOESN'T. THEY HAVEN'T PAID ONE PENNY TO THE AIR BOARD'S OPERATION. ARE WE LEGALLY BOUND TO THE COUNTY BEFORE WE CAN MAKE ANY CHANGES? I THINK WE'RE NOT. I THINK OUR CITY LEGAL WOULD HAPPY DEFEND THAT. THIS COUNCIL HAS THE ABILITY TO MAKE CHANGES IN HOW A BOARD OPERATES, FOR A BOARD WE SET UP. THERE'S PRECEDENCE FOR IT. WE'VE DONE IT BEFORE. AND THIS IS WITHIN OUR LEGAL ABILITY TO DO THIS AS WELL. IT'S ABOUT GOOD GOVERNANCE. I WANT TO ASK THE ADMINISTRATION SOME QUESTIONS AND BECAUSE THE ADMINISTRATION WEIGHED IN ON THIS IN A LOT OF DIFFERENT WAYS. AND ONE OF THE WAYS YOU WEIGHED IN ON THIS WASRY -- A RESPONSE MADE IN DECEMBER 2022. ALMOST 11 MONTHS AGO. I WANT TO ADDRESS SOME OF THE RESPONSE THAT CITY LEGAL AND THE ADMINISTRATION SIGNED TO THE HEEI OR CURRENT RULE THAT IS BEFORE THE BOARD RIGHT NOW. YOU WEIGHED IN DECEMBER 2022. ARE YOU FAMILIAR WITH THE DOCUMENT I'M TALKING ABOUT? >> NO, I'M SORRY. >>COUN. LEWIS: IT WAS A RESPONSE TO THE AIR QUALITY BOARD OR PETITION. >> YES. >>COUN. LEWIS: OKAY, WE CAN TALK ABOUT IT. IS THE DIRECTOR HERE TONIGHT? DIRECTOR OF ENVIRONMENTAL HEALTH? >> NO, HE'S NOT. >>COUN. LEWIS: HONESTLY, UNBELIEVABLE. DEPUTY DIRECTOR? ANYBODY FROM THAT DEPARTMENT? >>COUN. DAVIS: LET ME REMIND THE SPEAKERS. COOL THIS DOWN A LITTLE BIT. GO THROUGH THE PRESIDENT. GIVE EVERYBODY TIME TO HEAR THE QUESTION. I'M SORRY, COUNCILOR LEWIS, YOUR QUESTION WAS? >>COUN. LEWIS: MR. PRESIDENT, IS ANYBODY FROM ENVIRONMENTAL HEALTH HERE TONIGHT? >> COUNCILOR LEWIS, I'M NOT AWARE THAT ANYBODY FROM ENVIRONMENTAL HEALTH IS HERE TONIGHT. HOWEVER, MS. SONA IS HERE. SHE WOULD BE THE BEST PERSON TO SPEAK TO THAT FILING WITH THE AIR BOARD. >>COUN. LEWIS: I'M GOING TO ASK YOU QUESTIONS ABOUT WHAT YOU WROTE AND SIGNED AND GAVE TO THE AIR BOARD REGARDING THE HEEI RULE PRESENTED BEFORE THEM LAST YEAR. >> THAT'S FINE. >>COUN. LEWIS: BUT I HAVE OTHER QUESTIONS FOR THE DEPARTMENT AS WELL. I WOULD LOVE FOR THEM TO WEIGH IN. ACTUALLY, I WOULD LOVE TO HEAR FROM THE ADMINISTRATION AND NOT YOU. I KNOW THE LEGAL OPINION AND HOW YOU WEIGHED IN ON THIS. I CERTAINLY WANT TO KNOW WHAT THE ADMINISTRATION TAKES ON THIS AND THAT INCLUDES THE ENVIRONMENTAL HEALTH. UNBELIEVABLE, DID THEY NOT KNOW WE'RE VOTING ON THIS? WERE THEY TOLD NOT TO SHOW UP TONIGHT? >>COUN. DAVIS: IS THAT A QUESTION FOR THE ADMINISTRATION? >> COUNCILOR DAVIS, COUNCILOR LEWIS, WE DID NOT INSTRUCT THEM TO STAY AWAY. WE DID NOT SAY STAY AWAY. >>COUN. LEWIS: DID YOU WANT THEM HERE TONIGHT? >> ON THE LIST OF RELEVANT DEPARTMENTS, I DON'T KNOW IF DEPUTY CAO KNOWS PARTICULARS. >>COUN. LEWIS: WE'LL ASK THE DEPUTY CAO TO STAND IN FOR THE ENVIRONMENTAL. >> COUNCILOR DAVIS, COUNCILOR LEWIS, YES, THEY DID HAVE A PRIOR ENGAGEMENT AND WE HAD A CONFLICT OF SCHEDULE. THEY WERE NOT TOLD THEY HAD TO BE HERE BECAUSE THEY HAD SOMETHING ELSE TO DO. WE HAD A LETTER SENT FROM THE MAYOR TO COUNCILORS WHERE WE STOOD WITH THIS. THAT'S WHERE WE STAND WITH THIS. >>COUN. LEWIS: OKAY. MS. KEEF, THE PROGRAM'S PROCESS BEFORE PRESENTING A RULE, YOU HAVE THAT? THE PROGRAM PRE-PETITION PROCESS FOR RULES. CAN YOU DESCRIBE THAT? >> COUNCILOR LEWIS, I COULD NOT DESCRIBE THAT PROCESS IN DETAIL. >>COUN. LEWIS: YOU SAID THE PROGRAM HAS A VOLUNTARY, RIGOROUS PRE-PETITION, STAKEHOLDER ENGAGEMENT THAT ISSUES NOTICES, OPPORTUNITIES TO COMMENT, HOLDS LISTENING SESSIONS, PUBLIC MEETINGS, DISTRIBUTES A DRAFT OF THE RULE FOR WRITTEN COMMENT. REVIEWS THE WRITTEN AND ORAL COMMENTS REVIEWED, RESPONDS TO STAKEHOLDER COMMENT AND MAKES REVISIONS TO THE RULE IF THIS. YOU'RE MAKING THE CASE THAT THE CURRENT PRE-PETITION PROCESS WAS THE CORRECT PROCESS FOR ANY PETITION TO FOLLOW AND YOUR POINT NOW THAT THE WAY THIS PETITION -- YOU'RE POINTING OUT IT WAS OUTSIDE OF THE PRE-PETITION PROCESS. DO YOU STILL BELIEVE IN THE PRE-PETITION PROCESS? LET ME ASK THE ADMINISTRATION THAT. DO YOU BELIEVE THAT'S A GOOD PROCESS? THIS IS YOUR POLICY. >>COUN. DAVIS: ONE QUESTION AT A TIME. >>COUN. LEWIS: MR. PRESIDENT, I THINK I'M CLEAR WHO I'M TALKING TO. >>COUN. DAVIS: COUNCILOR LEWIS, YOU DON'T RUN THIS. YOU'RE FOLLOWING OUR RULES. CLARIFY WHO YOUR QUESTION IS. THREE PEOPLE SITTING AT THE ADMINISTRATION TABLE ASKING FOR WHO YOU'RE ASKING. PLEASE RESTATE YOUR QUESTION TO THE PROPER PERSON. >>COUN. LEWIS: DO YOU WANT ME TO REPEAT THE QUESTION? >> I UNDERSTAND THE QUESTION, THANK YOU. COUNCILOR DAVIS, COUNCILOR LEWIS, I THINK WE STAND BEHIND THE AUTHORITY OF THE BOARD AND THE POLICY -- >>COUN. LEWIS: I'M NOT ASKING THAT QUESTION, I'M SORRY. I'M ASKING ABOUT THE PRE-TRIAL PROCESS. IT'S SET UP. YOUR ENVIRONMENTAL HEALTH DEPARTMENT FOLLOWS. DO YOU BELIEVE IN THE PRE-TRIAL PROCESS. YOUR CITY ATTORNEY WROTE A LETTER TO THE AIR QUALITY BOARD BELIEVING IN THE PRE-TRIAL PROCESS. DO YOU BELIEVE THAT PROCESS? >> COUNCILOR DAVIS, COUNCILOR LEWIS, I BELIEVE THE ADMINISTRATION BELIEVES IN IT. >>COUN. LEWIS: THANK YOU. IN THIS PROPOSED ORDINANCE, IT SUPPORTS THAT. THE PETITION SHALL IDENTIFY ACTIVITIES UNDERTAKEN FOR THE DEVELOPMENT OF THE PROPOSED REGULATION TEXT. IT PROVIDES AND UNDERSCORES IN THIS ORDINANCE SUPPORT FOR YOUR BELIEF THAT THIS IS A PROPER PRE-TRIAL OR PRE-PETITION PROCESS. YOU SIGH THE ADMINISTRATION SAY STAKEHOLDERS INCLUDE EXISTING PERMITEES, APPLICANTS IN THE BUSINESS COMMUNITY AND PUBLIC AT LRJ -- LARGE. DO YOU FEEL LIKE THE COMMUNITY SHOULD PARTICIPATE IN THE PROCESS LIKE THIS? >> ARE YOU ASKING DR. SINGLE? >>COUN. LEWIS: I'M GOING TO ASK ALL THE QUESTIONS TO MS. SINGLE AND IF YOU WANT YOUR ATTORNEY TO ANSWER, YOU'RE WELCOME TO. >> COUNCILOR DAVIS, COUNCILOR LEWIS, I THINK INPUT FROM THE ENTIRE COMMUNITY IS IMPORTANT. >>COUN. LEWIS: INCLUDING THE BUSINESS COMMUNITY. >>COUN. DAVIS: I'M GOING TO ASK YOU NOT TO INTERRUPT THE SPEAKER. LET HER FINISH SO WOE -- WE CAN HAVE A ROBUST DISCUSSION. CONTINUE. >> THANK YOU FOR THE OPPORTUNITY. I THINK ANY REPRESENTATIVE FROM OUR COMMUNITY SHOULD BE HEARD AND HAVE THE OPPORTUNITY TO WEIGH IN AND THAT IS WHAT THE POINT OF PUBLIC COMMENT AND PUBLIC INPUT IS. >>COUN. LEWIS: YOUR POLICY SPECIFICALLY SAID IN THIS RESPONSE THAT IT WAS SO IMPORTANT TO YOU THAT ALL STAKEHOLDERS INCLUDING THE BUSINESS COMMUNITY HAVE A VOICE IN THIS PROCESS. YOU STATED THE BUSINESS COMMUNITY. THIS ORDINANCE REQUIRES SOMEONE FROM THE INDUSTRY SHOULD SERVE ON THE BOARD AND PARTICIPATE IN THE ENTIRE PROCESS. DO YOU AGREE WITH THAT? >> LET ME ASK A QUESTION. >>COUN. LEWIS: YOU'RE WELCOME TO ANSWER THAT IF YOU LIKE. >> COUNCILOR LEWIS, I WAS CLARIFYING WHAT IT IS YOU'RE READING FROM DR. SINGLE. I MISSED THAT DISCUSSION AND WASN'T FAMILIAR WITH WHAT DOCUMENT YOU'RE LOOKING AT. I WAS EXPLAINING THIS IS A POSITION STATEMENT THAT CITY LEGAL FILED ON BEHALF OF THE HD IN FRONT OF THE CURRENT RULE MAKING POSITION. >>COUN. LEWIS: WANT A COPY OF IT? >> THAT WOULD BE GREAT. >>COUN. LEWIS: SURE. HERE YOU GO. HERE'S A COPY OF IT. WOULD YOU SUPPORT OR AGREE WITH THE BUSINESS, DO YOU THINK IT'S FAIR SOMEONE FROM THE BUSINESS INDUSTRY TO SERVE ON THIS BOARD? IS THAT REASONABLE? >> COUNCILOR DAVIS, COUNCILOR LEWIS, I THINK IT'S IMPORTANT TO KNOW I SUPPORT THE POSITION THAT OUR LEGAL COUNSEL TOOK IN THIS FILING. I SUPPORT THE POSITION TAKEN AND WHAT LEGAL COUNSEL PROVIDED IN THIS DOCUMENT. >>COUN. LEWIS: ALL RIGHT, THANKS. AGAIN, THAT'S WHAT THIS BILL, THIS ORDINANCE, REALLY DID WHAT YOU REQUESTED WITH THE ADMINISTRATION. THAT'S GIVING A VOICE TO THE BUSINESS COMMUNITY THROUGH THIS ORDINANCE. YOU ALSO, MR. PRESIDENT, AND MS. SINGLE, PARAGRAPH TEN OF THAT, RESPONSE TO THE -- YOU'RE KIND OF COMPLAINING THAT THE PROGRAM CANNOT IDENTIFY WHAT CERTAIN TERMS AND HOW CERTAIN STANDARDS ARE INTENDED TO BE APPLIED WOULD SIGNIFICANTLY IMPACT THE SCOPE OF THE PROPOSED RULE AND WHETHER IT'S IMP L.ABLE AND ENFORCEMENT. IT'S WHAT WAS SPOKEN ABOUT, AND THERE WAS TERMINOLOGY THAT THE CITY COULDN'T IDENTIFY AND I'M ASSUMING YOU DON'T KNOW THAT ANSWER BECAUSE I THINK THE DIRECTOR WOULD KNOW THAT ANSWER SPECIFICALLY. THE DEPARTMENT, AND YOU WERE STRUGGLING WITH ALL THE DIFFERENT MEANING OF THOSE WORDS AND HOW IT WOULD BE APPLIED. YOU'RE STRUGGLING AND SAYING THAT WE'RE NOT SURE HOW THIS CAN BE IMPLEMENTED OR ENFORCED. I ASK IF YOU STILL BELIEVE IT'S A SERIOUS PROBLEM IF THE PROPOSED RULE CANNOT BE IMPLEMENTED OR IMPOSED? >> ARE YOU ASKING ME NOW? COUNCILOR DAVIS, COUNCILOR LEWIS, I WOULD SAY YES, THAT'S A PRIORITY. THE TERM BE CLEAR AND BE IMPLEMENTABLE. I THINK THERE'S CONCERNS ABOUT IMPLEMENTATION OF THE CURRENT RULE. >>COUN. LEWIS: OKAY. ON PAGE 14 THIS ORDINANCE ADDRESSES THAT. IT ADDRESSES PERSON'S INTEREST IN RECOMMENDATION OF CERTAIN INTERESTS. I THINK PERSONS FROM THE DEPARTMENT OF HEALTH AND REGULATORY ENTITIES IN THE REGULATION PROCESS. I WOULD GUESS THE ADMINISTRATION WOULD SUPPORT THAT. ALSO, ON PAGE 14 OF THE RESPONSE IT SAYS MEMBER RICHARDS RECUSED HIMSELF DUE TO THE PROPOSED RULE, IT MAY BE APPROPRIATE. KNOWING THAT UNDER THAT 2011-82-14 OF THE NMAC RCUSAL WHERE A FAIRNESS MAY BE REASONABLY QUESTION OR IF THERE'S BIAS OR PREJUDICE CONCERNING PARTIES, DO YOU THINK IT'S APPROPRIATE FOR MEMBER RICHARDS TO RECUSE HERSELF? >> COUNCILOR LEWIS, COUNCILOR DAVIS, THE AIR BOARD HAS RULED ON THAT ISSUE AND CONCLUDED THAT THEY DO NOT BELIEVE MS. RICHARDS NEEDS TO RECUSE HERSELF. THE BOARD HAS RULES AND THE MATTER PROCEEDED. I DON'T THINK IT'S AN ISSUE WE'RE PURSUING. >>COUN. LEWIS: IF WE CAN CHANGE THAT, WOULDN'T THAT BE A GOOD THING? HOLD THE BOARD TO A STANDARD IN THOSE INSTANCES THAT IF THERE'S A CONFLICT OF INTEREST THAT YOU POINTED OUT, WOULDN'T THAT BE GOOD GOVERNMENT? IT MAY BE RHETORICAL. THAT'S IN THIS BILL TOO. ON PAGE 10 OF THE PROPOSED ORDINANCE, IT SPECIFICALLY ADDRESSES CONFLICT OF INTEREST IN THAT REGARD. A FEW MORE QUESTIONS. ON PAGE FOUR OF THE RESPONSE IT SAYS THE RULE APPLIES TO ANY ENTITY THAT REQUIRES AIR PERMIT, SMALL BUSINESSES, SCHOOLS, OFFICES, AND LARGER ENTITIES. DO YOU BELIEVE THAT'S AN ISSUE? YOU WANTED TO POINT OUT, KEEP IN MIND, THIS INCLUDES LARGER ENTITIES. LET SAY UNM OR KIRTLAND OR SANDIA. MR. PRESIDENT, MS. KEEF, DID GATEWAY NEED AN AIR PERMIT? >> IT DID. I'M BEING TOLD. MR. MORROW IS MORE INVOLVED. >> DOES UNM HOSPITAL NEED AN AIR PERMIT? DID THE ISOTOPES STADIUM NEED ONE? >> YES. KIRTLAND AIR FORCE HAS AN AIR QUALITY PERMIT. >>COUN. LEWIS: OKAY. IN AN AIR BOARD MEETING THE BOARD'S LEGAL COUNCIL STATED ALBUQUERQUE BERNALILLO COUNTY AIR QUALITY CONTROL BOARD SAID IT'S AN ENTITY ESTABLISHED BY STATE STATUTE AND NOT SUBJECT TO THE CITY COUNCIL OR COUNTY COMMISSION. THIS SUGGESTS THE BOARD IS NOT ANSWERABLE TO THE ELECTED OFFICIAL AND THE VOTERS. MS. SINGLE, DO YOU THINK THAT'S AN ISSUE? >> PRESIDENT DAVIS, COUNCILOR LEWIS, I THINK THAT THE KEY ISSUE IS NOT ABOUT THE ACCOUNTABILITY. I THINK IT IS WAS IT WAS ESTABLISHED BY THE TWO ENTITIES TO SERVE AS AN INDEPENDENT EPTY BY THE STATE'S AUTHORITY GIVEN IN THAT THAT WAY. >>COUN. LEWIS: THE STATE SAYS YOU CAN SET THIS UP, IT TAKES THE CITY COUNCIL TO IMPLEMENT IT. ANYWAY, I'LL MOVE ON. JUST A FEW MORE QUESTIONS, MR. PRESIDENT. I'VE BEEN TOLD THE BOARD HOLDING SUBCOMMITTEE MEETINGS NOT PUBLISHED OR ACCESSIBLE TO THE PUBLIC. AND WE ADDRESSED THIS IN THIS ORDINANCE. DO YOU AGREE THAT THE SUBCOMMITTEE MEETINGS SHOULD FOLLOW THE OPEN MEETINGS ACT? DR. SINGLE. >> COUNCILOR LEWIS, I WANT TO DEFER TO OUR CITY ATTORNEY REGARDING OPEN MEETINGS ACT AND THE APPLICATIONS. >>COUN. LEWIS: IT'S A SIMPLE QUESTION. IN YOUR CONSERVATIVE LEGAL OPINION, SHOULD THE SUBCOMMITTEE FOLLOW THE OPEN MEETINGS ACT? >> IN MY OPINION, THEY SHOULD. IN THIS ORDINANCE -- >>COUN. LEWIS: IN THIS ORDINANCE, IT TAKES ABOUT THAT. IT TALKS ABOUT THE SPECIFIC CASE WHERE IT COSTED THE CITY ABOUT $275,000. I WOULD SAY, DOES IT CONCERN THE ADMINISTRATION THAT THE BOARD IS OPERATING OUTSIDE OF EXISTING LAW RESULTED IN HUNDREDS OF THOUSANDS OF DOLLARS OF COST TO THE CITY? >> PRESIDENT DAVIS, COUNCILOR LEWIS, I THINK THAT ANY COST TO THE CITY IS IMPORTANT FOR TO BE PAYING ATTENTION TO. TO BE IN A POSITION WHERE WE HAVE COMMITTED TO SUPPORT THE AIR BOARD FOR THE BENEFIT OF THE COMMUNITY SO WE CAN MOVE PROCESSES AND PROCEDURES FORWARD IS AN APPROPRIATE UNDER THE PROCESSES WE AS A CITY HAVE HELD IN INCLUDING IN OUR BUDGET. >>COUN. LEWIS: OKAY. THIS IS A FUND, IT'S FUNDED BY PERMITS AND FEES. YET, IF THERE ARE -- THE CITY COUNCIL APPROVES THAT EVERY YEAR IN THE BUDGET. WE HAD THE ESTIMATED FEES THAT WOULD COME IN, THE EXPENSES FOR THE NEXT YEAR, DO YOU KNOW HOW MUCH THIS CURRENT HEARING HAS COSTED THE CITY SO FAR? AND HOW WILL THAT BE PAID FOR, IF IT'S NOT IN THE 2024 BUT NOT PAID BY THE APPROVED BUDGET BY THE CITY COUNCIL BUDGET? >> COUNCILOR LEWIS, I CAN'T ANSWER THAT QUESTION. I DON'T KNOW. I CAN GET BACK TO YOU. >>COUN. LEWIS: YEAH, PLEASE. IF YOU COULD. ABSOLUTELY. I UNDERSTAND THERE'S HUNDREDS OF THOUSANDS OF DOLLARS THE CITY INCURRED BECAUSE THIS BUDGET IS OUTSIDE OF THE PROGRAM AND THESE BILLS ARE NORMALLY INTRODUCED. WHAT IS THE OFFICIAL POSITION OF THE ADMINISTRATION REGARDING THE HEEI PETITION IN THE CURRENT VERSION? >> PRESIDENT DAVIS, IF I CAN HAVE A MINUTE TO CONFER WITH COUNSEL. PRESIDENT DAVIS, COUNCILOR LEWIS, WE DO NOT SUPPORT IT IN ITS CURRENT FORM. >>COUN. LEWIS: THANK YOU. DOES THE ENVIRONMENTAL HEALTH DEPARTMENT SHARE THE SAME POSITION? SPEAK ON BEHALF OF THE DIRECTOR, AND DEPUTY DIRECTOR. >> COUNCILOR DAVIS, COUNCILOR LEWIS, ON BEHALF OF THE DEPARTMENT WE'RE -- WE CAN'T SUPPORT IT BECAUSE SOME THINGS MAY NOT BE ENFORCEABLE. >>COUN. LEWIS: WHAT IS THE OFFICIAL POSITION OF THE ADMINISTRATION REGARDING THE PROPOSAL? >> PRESIDENT, COUNCILOR LEWIS, I BELIEVE YOU RECEIVED COMMUNICATION FROM THE ADMINISTRATION VIA MAYOR BASED AWN THE COMMUNICATION WE'VE RECEIVED BASED ON THE ACTIONS OF THE COUNTY COMMISSION. THEY HAVE ASKED US SPECIFICALLY TO COME BACK TO THE TABLE WITH THEM AS THEIR PARTNER AND THAT IS OBVIOUSLY SOMETHING WE BELIEVE WE SHOULD DO. WE BELIEVE IT'S CRITICAL WE WORK WITH THE COUNTY AND RESOLVE THIS AND IF WE HAVE THE OPPORTUNITY TO DEFER THE MATTER WE CAN TAKE THE TIME, WORK WITH THE COUNTY COMMISSION TO BE ABLE TO COME TOGETHER AND DO AS WE DID WHEN WE CREATED THE BOARD IN THE FIRST PLACE WHICH WAS JOINT RESOLUTIONS THAT WE EACH PUT BEFORE YOUR ELECTED BODIES TO MOVE FORWARD. WE'RE COMMITTED TO THAT PARTNERSHIP. I THINK IT'S IMPORTANT TO NOTE THAT THE COUNTY COMMISSION PUT US ON NOTICE THEY INTEND TO TAKE ACTION IF WE MOVE FORWARD IN THIS WAY. I THINK IT'S CRITICAL FOR US TO REMEMBER THAT WE DON'T KNOW WHAT THE STATE'S POSITION WOULD BE IN REGARD TO A NON-FUNCTIONING AIR QUALITY BOARD AND WHAT POSITION THEY WOULD TAKE IN TERMS OF THEIR AUTHORITY. I WOULD SAY THAT AS THE C.A.O., THREE DAYS IN, IT IS MY JOB TO DO WHAT -- TO WORK FOR THIS CITY. I DON'T FEEL COMFORTABLE WITH THE IDEA OF ABDUCTING OUR RESPONSIBILITY AND OUR AUTHORITY BACK TO THE STATE. IT'S AN UNKNOWN FACTOR BUT AS LONG AS WE'RE NOT IN A POSITION WORKING WITH THE COMMISSION WE HAVE POTENTIAL ACTION THAT COULD CAUSE US TO BE IN THAT SPACE. YOU RECEIVED THE LETTER FROM THE MAYOR WHICH INDICATED WE ASKED FOR THE THE OPPORTUNITY TO WORK WITH OUR PARTNERS. >>COUN. LEWIS: I GUESS THE MAYOR JUST RESPONDED TO WHAT YOU SAID. IT SOUNDS LIKE A DEFERRAL TO THE COUNTY. WE WANT TO PUNT THIS TO THE COUNTY IN SOME WAYS. THE CITY NEEDS THE HELP RIGHT NOW, NOT THE COUNTY. IF THE MAYOR WANTS TO DEFER TO THE COUNTY, WE DON'T DO THAT. ANYWAY, SO THE COUNTY SCARED HIM A LITTLE BIT WITH WE'RE GOING TO SUE YOU BECAUSE WE ARE NOT DOING THIS TOGETHER. WE HAVE OTHER BOARDS. WE CAN DECIDE IF WE WANT -- WE HAD THIS DISCUSSION A FEW MONTHS AGO IF WE WANT A JOINT COMMITTEE ON ANYTHING REGARDING ANYTHING. WE HAVE SEVERAL OTHER JOINT COMMITTEES REGARDING OTHER ISSUES. SO WE DECIDED TO HAVE A JOINT COMMITTEE, AND SOMEHOW IF WE'RE PULLING OUT OF THIS WE BETTER NOT DO THAT BECAUSE THE COUNTY COULD SUE US. I'M ASSUMING, MS. KEEF, THAT THE ADMINISTRATION WENT TO YOU AND SAID ARE WE LIABLE IN ANY WAY TO BE SUED. HAS THE CITY MOVED FORWARD MAKING DECISIONS KNOWING WE COULD BE SUED AND DO IT ANYWAY? THAT'S PROBABLY HAPPENED THOUSANDS OF TIMES. PROBABLY HAPPENED MANY TIMES OVER THEALIST YEAR. WE DO THINGS ALL THE TIME. I TOTALLY GET IT, WORK TOGETHER WITH THE COUNTY COMMISSION. ABSOLUTELY. WE WORK TOGETHER WITH THE COUNTY COMMISSION IN EVERY SINGLE WAY THAT DOESN'T MEAN WE DON'T TAKE ACTIONS ON THINGS THAT ARE BROKEN. YOU STATED THIS PROCESS THERE'S A LOT OF CONCERNS. THIS COUNCIL SAID LET'S PROPOSE THINGS THAT WILL FIX THIS. I KNOW THERE'S QUESTIONS REGARDING THIS. I JUST WANT TO GET IT OUT IN THE OPEN. I THINK AS FAR AS US VOTING ON THIS TONIGHT. ARE WE IN ANY LEGAL TROUBLE IF WE DO THAT TONIGHT. IF I WERE TO ASK YOU, I WOULD SAY IS THERE LEGAL AUTHORITY FOR US TO ACT ON THIS. IN YOUR LEGAL OPINION, YOU HAVE TO SAY YES, OF COURSE. YOU SERVE AS OUR ATTORNEY. IF YOU'RE -- WE'RE SUED, YOU'RE GOING TO DEFEND US WITH EVERYTHING YOU GOT. AND IF THE -- BUT I THINK WE HEARD A LOT OF PEOPLE TONIGHT THAT COULD BE AFFECTED BY THIS BOARD THE WAY IT STANDS RIGHT NOW AND THE RULING THAT'S BEFORE THEM RIGHT NOW. WE HEARD FROM REPRESENTATIVES OF THE AIR FORCE BASE, WE HEARD FROM UNM. WE HEARD FROM A LOT OF BUSINESSES THAT EMPLOY A LOT OF PEOPLE. AND HEARD FROM A LOT OF CITIZENS THAT SAID THIS WILL HURT US BAD. AND THE ADMINISTRATION HAS NOT AGREED WITH IT. THEY STRUGGLED TO SAY WHAT DO WE DO ABOUT THIS. THIS IS A BIG PROBLEM AND WE'RE STUCK. THESE ARE SOME GOOD SOLUTIONS. GOOD SOLUTIONS THAT WOULD HELP US TO BE ABLE TO MOVE FORWARD. BY THE WAY, THERE'S QUESTIONS ABOUT IF THIS KILLS OUR ABILITY FOR AIR QUALITY IN OUR CITY, ABSOLUTELY IRRELEVANT. WE'RE NOT TAKING ANYTHING AWAY. WE'RE NOT JUST BLOWING UP AN AIR BOARD, WE'RE PUTTING SENSIBLE MEASURES. WE CAN GET IT DONE IN A FEW WEEKS AND GET EVERYTHING BACK TO NORMAL. OR PRETTY SOON. WE CAN MOVE TO OTHER PEOPLE. THANKS FOR KEEPING ORDER. AND THANKS FOR ANSWERING THE QUESTIONS. >>COUN. DAVIS: MR. PRESIDENT, MS. KEEF, I'M SORRY, I DON'T REMEMBER IF IT WAS DR. SINGLE THAT ANSWERED AND MADE AN INDICATION THIS BILL BY PASSING IT WOULD CREATE A NON-FUNCTIONING BOARD. WHY IS THAT? >> PRESIDENT DAVIS, COUNCILOR BASSAN, I WAS THE ONE THAT ALLUDED TO THAT COMMENT. IT WAS -- IT IS THAT IF WE MOVE FORWARD, WITH A BILL NOT IN ALIGNMENT WITH WHAT A JOINT BILL WITH THE COUNTY, IT PUT US IN A POSITION WITH TWO SETS OF RULES. AS A PARTNER WITH THE COUNTY THAT CREATED THE QUALITY BOARD, WE BELIEVE IT'S CRITICAL TO WORK TOGETHER TO RESOLVE THE ISSUES THAT HAVE BEEN RAISED AND DETERMINE A PATH FORWARD TOGETHER. I AM NOT IMPLYING THAT I DON'T BELIEVE THAT THERE ARE OPPORTUNITIES FOR US TO MAKE IMPROVEMENTS. I WILL SAY WHAT I'M CONCERNED ABOUT IS WHETHER OR NOT THE STATE WIDE MAKE THAT AS THEIR DECISION. IT ISN'T UP TO US TO DECIDE THAT. IT'S THE STATE'S DETERMINATION. I DON'T WANT TO ABDICATE LOCAL AUTHORITY. >>COUN. BASSAN: I HEAR WHAT YOU'RE SAYING. THERE'S A LOT OF THINGS THAT THE CITY AND COUNTY DON'T DO THE SAME. I DISAGREE JUST BECAUSE THIS IS DOING SOMETHING DIFFERENT FROM THE COUNTY THAT MEANS WE SHOULDN'T DO IT. AT THE SAME TIME I THINK THE CITY AND COUNTY SHOULD WORK TOGETHER. I ALSO THINK THE COUNTY AND THE CITY WORK TOGETHER. I DON'T THINK THIS SHOULD BE US SAYING LET'S THEM LET -- LET'S LET THEM DECIDE. MR. PRESIDENT, I HAVE TWO COMMENTS. NOT REALLY ANY MORE QUESTIONS. EARLIER TONIGHT WE TALKED ABOUT AN AVIATION BILL THAT THERE'S A QUESTION OF LEGALITY. BASED OFF APPEAL. IT'S IN THE PROCESS OF APPEAL AND WE WERE TOLD WE CAN VOTE ON IT AND WE'RE NOT GOING TO MOVE FORWARD WITH THAT BECAUSE SOMETHING IS IN APPEAL. WE WERE TOLD LITERALLY EARLIER TONIGHT WE CAN DO THAT. NOW, I DON'T THINK IT'S FAIR TO SAY THIS TIME ON THIS BILL WE CAN'T DISCUSS THAT AND MOVE FORWARD WITH SOMETHING BASED OFF OF THE POTENTIAL FOR LIABILITY. WE DID THIS WITH THE CPOA BOARD. COUNCILOR BENTON AND COUNCILOR DAVIS CO-SPONSORED. WE GOT RID OF THE EXISTING CPOA BOARD AND RESHAPED THE WHOLE THING WITH NEW PARAMETERS BECAUSE THINGS WERE GETTING A LITTLE BIT OUT OF CONTROL AND THE COUNCIL PASSED THAT. IT'S STILL WORKING. WE HAVE WORK TO DO. WE'RE GOING TO KEEP FINE-TUNING IT. I'M NOT SAYING THESE PROPOSED BILLS ARE ON POINT 100%. WE HAVE TO DO SOMETHING BECAUSE THE DEMOCRATIC PROCESS ISN'T, AND I BELIEVE SOME PEOPLE HAVE NOT BEEN INCLUDED IN THAT PRAKIC PROCESS WITH THE STRUCTURE THERE HAS BEEN. BECAUSE THERE HAVE BEEN EX-PARTE COMMUNICATION. THERE HAS BEEN REQUEST FOR OPPORTUNITY. THIS TIME THE INEQUITY TO THE BUSINESS PEOPLE WHO ALSO HAVE RIGHTS AND PRIVILEGES TOO. I THINK THAT WE CAN'T SAY ONE THING AND WHAT'S GOOD FOR THE GAS AND GOOD FOR THE GANDER. WE HAVE TO BE FAIR IN ALL OF THAT. THIS ARGUMENT IS OPPOSITE OF WHAT WE HEAR TRADITIONALLY. I DON'T THINK IT'S FAIR TO SAY IT'S NOT RELEVANT AND DOESN'T COUNT. I THINK THE HEARINGS PENDING SHOULD BE HEARD AND THEY SHOULD BE HEARD WITH THE NEW BOARD. I THINK THERE'S NO REASON WHY THAT CAN'T HAPPEN. I THINK IT -- THE IMPACT SHOULD BE CONSIDERED BY THE BOARD. ALL OF THESE THINGS CAN STILL HAPPEN WITH A NEWLY INFORMED BOARD THAT HAS PARAMETERS TO INVOLVE THE PUBLIC IN A TRANSPARENT DEMOCRATIC PROCESS. WHICH IS WHAT WE'VE BEEN ASKED TO DO. I THINK WE SHOULD MAKE SURE -- WE HAVE TO RECUSE OURSELF IF THERE'S A CONFLICT OF INTEREST. WHY IS IT OKAY IF THERE'S MEETINGS THAT THEY GET TO PARTICIPATE WITHOUT RECUSINGING THEM. WE SHOULD HOLD THEM TO THE SAME THINGS WE HAVE. THIS IS SO WE CAN HAVE THE EQUITABLE TRANSPARENT DEMOCRATIC PROCESS. >>COUN. DAVIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. FIRST OF ALL, I JUST WANTED TO THANK THE 36 PEOPLE THAT CAME TONIGHT TO SPEAK IN OPPOSITION TO THESE BILLS AND THE 15 PEOPLE THAT SPOKE IN SUPPORT. I THINK IT MARKS WHO IS HERE TO SUPPORT THESE BILLS AND WHO IS HERE TO OPPOSE. ALMOST EVERYONE IN SUPPORT WAS A BUSINESS ENTITY. ALMOST EVERYONE HERE OPPOSED WAS A MEMBER OF THE COMMUNITY. MANY IN THE IMPACTED COMMUNITY THAT IS GOING TO BE THE MOST IMPACTED BY THE RULE MAKING THAT IS SUPPOSED TO BE HAPPENING IN DECEMBER NOT HAPPENING. I DID WANT TO START WITH A FEW COMMENTS. I WROTE DOWN A COUPLE QUOTES. I JUST WANT TO SPEAK TO THE FOLKS THAT VOTE IN OPPOSITION. I KNOW YOU'RE TOLD THAT OTHER PEOPLE ACTUALLY READ THE BILL. YOU WERE TOLD THAT IF PEOPLE WOULD UNDERSTAND, YOU WERE TOLD THAT EVERYBODY NEEDS TO REALIZE. WE WERE TOLD IF YOU JUST READ THE BILL, TWICE. AND SEVERAL TIMES SENTENCES STARTED OUT WITH WE'RE NOT DOING X, WE'RE DOING Y. I JUST WANT TO BE CLEAR EVERYONE THAT CAME HERE TONIGHT ON BOTH SIDES CAN READ. CAN CAMP RE -- >>COUN. FIEBELKORN: THAT'S MY FIRST STATEMENT. MY SECOND IS, I'M CONFUSED. ARE WE TALKING ABOUT CHANGES TO THE ALBUQUERQUE-BERNALILLO COUNTY JOINT AIR QUALITY BOARD TONIGHT? CAN SOMEONE ANSWER THAT? WE'RE DOING BOTH. THAT WAS THE ANSWER, COUNCILOR LEWIS? THANK YOU, MR. PRESIDENT. I DON'T THINK THIS IS THE VENUE THAT ANYONE THINKS WE SHOULD ADJUDICATE A RULE MAKING PROPOSED FOR THE AIR QUALITY BOARD. EVEN THIS BILL DOES NOT SAY WE WOULD BE HEARING THESE CASES. NO ONE UP ON THIS DAIS IS QUALIFIED TO HEAR THIS. NOBODY UP HERE CLAIMS TO BE AN AIR QUALITY EXPERT. WE SHOULD NOT HEAR THE DETAILS OF THE CASES THAT IS GOING TO BE COMING FORWARD. WE SHOULD BE HAVING A CONVERSATION ABOUT IF THERE ARE NEEDED CHANGES TO THE ALBUQUERQUE-BERNALILLO COUNTY JOINT AIR QUALITY BOARD. SO, IT SEEMS TO ME THAT WE'RE WAY AHEAD OF OURSELVES ON AN ISSUE THAT HAS NOT HAD AN HEARING. WE DON'T KNOW WHAT THE ALBUQUERQUE-BERNALILLO COUNTY JOINT AIR QUALITY CONTROL BOARD IS GOING TO DO IN DECEMBER. WE HAVE NO IDEA. ALL THEY SAID IS THEY'RE GOING TO HAVE THE HEARING. PLEASE DON'T. I ALSO WANT TO SAY, I FOR ONE, AM NOT SCARED OF THE COUNTY COMMISSION. I AM TRYING REALLY HARD TO PARTNER WITH THE COUNTY COMMISSION ON NUMEROUS THINGS THAT THIS COUNCIL HAS APPROVED. WE ARE PARTNERING WITH THEM ON OPIOID SETTLEMENT FUNDS. WE'RE PARTNERING WITH THEM ON HOUSING AND OUR HOUSING COLLABORATIVE. WE HAVE LOTS OF OTHER COLLABORATIONS THAT WE HAVE BEEN DISCUSSING. AND SO I'M NOT AFRAID OF THEM, BUT WHAT I AM AFRAID OF IS WE ARE OVERSTEPPING OUR BOUND AND WE'RE GOING TO MAKE IT TO WHERE THEY DON'T WANT TO WORK WITH US IN THE FUTURE. THAT WOULD BE A REAL SHAME. WE'RE TRYING REALLY HARD TO WORK WITH THEM ON A COMPREHENSIVE PLAN AND LAND USE ISSUES. THIS COULD SPOIL THAT FULL PARTNERSHIP. I THINK THAT'S A REAL SHAME. I ALSO WANTED TO HAVE A COUPLE QUESTIONS ON THE CPOA BOARD HAS BEEN MENTIONED TONIGHT AS AN EXAMPLE THAT WE ABOLISHED AND REAPPOINTED. THE CPOA BOARD THAT WAS CREATED BY THE CITY OF ALBUQUERQUE? IS THAT CORRECT? >> THAT'S CORRECT. >>COUN. FIEBELKORN: AND THE ALBUQUERQUE-BERNALILLO COUNTY JOINT AIR QUALITY CONTROL BOARD IS UNDER THE CLEAN AIR ACT WITH THE LANGUAGE FROM THE STATE. THAT IS A VERY DIFFERENT EXAMPLE FROM THE CPOA BOARD? >> CORRECT. >>COUN. FIEBELKORN: IS THERE ANY SIMILARITY BETWEEN THOSE TWO? I'M NOT AWARE THERE ARE ANY STATE OR FEDERALLY ENABLING STATUTES FOR CPOA? >> NO. >>COUN. FIEBELKORN: I ALSO WANTED TO MENTION THAT, MR. PRESIDENT, THE QUALIFICATIONS OF THE AIR QUALITY BOARD HAS BEEN DISCUSSED A LOT TONIGHT. I WANT TO READ -- I'M SORRY I HAVE TO PUT ON MY OLD LADY GLASSES. THE AIR QUALITY MEMBERS ON THE BOARD RIGHT NOW INCLUDE INTELLECTUAL PROPERTY ATTORNEY WITH AN ENGINEERING DEGREE. AN AWARD WINNING EPIDEMIOLOGIST AND TOXICOLOGIST. A PROFESSOR OF ATMOSPHERIC SCIENCE. A Ph.D. IN ENVIRONMENTAL PERMIT WRITER FOR REGULATED INDUSTRY. AND EPIDEMIOLOGIST WITH THREE DECADES OF EXPERIENCE. WE HAVE SOMEONE THAT'S BEEN A PUBLIC SERVIENT FOR THE STATE AND BERNALILLO COUNTY HEALTH AND ENVIRONMENT DEPARTMENT. AND FINALLY SOMEBODY THAT HAS OVER A DECADE EXPERIENCE INCLUDING FEDERAL PROGRAMS AND ESTABLISHING AND ADMINISTERING AIR QUALITY CONTROL BOARD UNDER THE FEDERAL CLEAN AIR ACT FOR LOCAL TRIBAL NATION. MS. KEEF, IS THERE ANYONE ON THAT LIST THAT WOULD NOT QUALIFY TO SERVE ON THE AIR QUALITY BOARD UNDER THE CURRENT REQUIREMENTS WE HAVE? >> COUNCILOR DAVIS, COUNCILOR FIEBELKORN, NOT THAT I'M AWARE OF. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I CAN GO ON. I JUST WANT TO LEAVE US WITH THIS. THE LESSON THAT WE CAN LEARN TONIGHT IS EITHER THAT WE HAVE AN INDEPENDENT AIR QUALITY BOARD THAT SHOULD BE ALLOWED TO DO ITS BUSINESS AND IF THERE ARE THINGS WE NEED TO CHANGE ABOUT THAT BOARD WE NEED TO WORK WITH THE COUNTY TO DO THAT. OR, WE CAN SET THE EXAMPLE OF IF I AS AN ELECTED OFFICIAL DON'T LIKE THE TOPIC THAT SOMEBODY IS GOING TO TALK ABOUT THEM, I CAN FIRE THEM AND THEN GIVE MYSELF VETO POWER OVER EVERYTHING THEY DO IN THE FUTURE. THAT IS REALLY THE DECISION WE HAVE TO MAKE TONIGHT. I FOR ONE DO NOT THINK THIS COUNCIL IS QUALIFIED TO HAVE VETO POWER OVER THE EXPERTS THAT I EXPLAINED FROM THOSE QUALIFICATIONS. THANK YOU, MR. PRESIDENT. >>COUN. DAVIS: I APPRECIATE IT. SOME OF YOUR COMMENTS AND THINGS ARE DISRUPTIVE TO THE FOLKS UP HERE. I'M GOING TO GIVE YOU A WARNING THAT WE'VE HAD FOLKS MENTION THAT YOU'RE MAKING NOISE BACK THERE. HELP US OBSERVE OUR DECORUM SO WE CAN KEEP THINGS HERE AND PEOPLE CAN PAY ATTENTION BETTER. OTHER COUNCILORS ON THIS MATTER BEFORE WE GO TO SOME AMENDMENTS? LET ME MAKE A FEW COMMENT AND WE'LL SEE WHERE THE COUNCIL WANTS TO TAKE THIS QUICKLY. I'M GOING TO ASK THIS OPENLY. I THINK TO OUR CITY ATTORNEY OR MR. MORROW WHO WORKED ON THIS IN VARIOUS WAYS. CAN YOU CLARIFY FOR ME BECAUSE I'M NOT AN ATTORNEY OR AIR QUALITY EXPERT. AND BY THE TIME WE DERIVE FROM THE FEDERAL LEGISLATION THROUGH THE STATE AND THE CITY AND COUNTY JOINTLY, I GET A LITTLE CONFUSED. IF WE WERE TO ENACT AND REMOVE THE FOUR MEMBERS AND LEAVE VACANCIES ON THE AIR QUALITY BOARD, THOSE FOUR MEMBERS WOULD CONSTITUTE A QUOREM. -- QUORUM. >> I DON'T THINK WE KNOW, SPECIFICALLY. AT THAT POINT, THERE WOULD NOT BE A QUORUM. THE BOARD WOULD NOT BE ABLE TO MEET. I THINK IT WOULD DEPEND ON HOW QUICKLY THE CITY FILLS ITS SEATS. THE WAY I WOULD READ THE STATE STATUTE I WOULD NOT EXPECT THE STATE TO STEP IN IMMEDIATELY AND TAKE ANY KIND OF ACTION. THE STATE STATUTE DOESN'T GIVE THAT AUTHORITY. IT WOULD REALLY ONLY STEP IN IF THE CITY'S ACTIONS WERE -- THEY BELIEVE THE ACTIONS WERE CONTRIBUTING TO AND CAUSING AIR POLLUTION. THEY WOULD HAVE TO MAKE THAT DETERMINATION. WHEN THAT WOULD HAPPEN, AND HOW LONG THE BOARD WOULD BE NON-FUNCTIONING, THERE'S NO WAY OF SAYING. I DON'T KNOW IF MR. MORROW WANTS TO ADD ANYTHING TO THAT? >> COUNCIL PRESIDENT, I ECHO WHAT SHE SAID. I ALSO ADD THAT AS ONE OF THE CONDITIONS IN THE ORDINANCE AS WRITTEN IS THE MAYOR IS REQUIRED TO APPOINT BOARD MEMBERS TO REPLACE THE EXISTING BOARD WITHIN 30 DAYS AND ASK THE COUNCIL WOULD HAVE THE ABILITY TO APPOINT THEIR OWN MEMBERS AND THAT WOULD BE SOMETHING TO HASTEN THE BOARD -- MOVING BACK INTO FUNCTION. >>COUN. DAVIS: I APPRECIATE THAT. MY CONCERN THERE, I REALIZE WHAT THE PIECE OF LEGISLATION SAYS, I KNOW OUR EXPERIENCE IN VARIOUS BOARDS AND COMMISSIONS HAS BEEN THERE ARE LOTS OF THINGS CREATED WITH GOOD INTENT, CPOA WAS A REALLY GOOD ONE, BUT WHEN A VACANCY OCCURRED IT TOOK US A YEAR TO FILL THOSE POSITIONS, ALTHOUGH IT WAS CONTEMPLATED THAT IT WOULD BE DONE WITHIN A FEW WEEKS OR MONTHS. MY CONCERN WOULD BE WHAT IF. WHAT IF THE MAYOR FAILED TO FIND WHAT HE DEEMED QUAL FILED CANDIDATES. WHAT IF THE COUNCIL TOOK TIME AND DID NOT AGREE ON A QUALIFIED PROCESS. I JUST WORRY A LITTLE BIT ABOUT HOW LONG THAT WOULD ACTUALLY LAST AND AT WHAT POINT THEY EXPIRE. I'M CURIOUS ABOUT THE PRACTICAL IMPACT AND THE SHORT-TERM. I UNDERSTAND. I THINK THAT MATTERS. I AM ANXIOUS, AND COUNCILOR FIEBELKORN BROUGHT THIS UP, I'M ANXIOUS ABOUT THE REACTION OF THE WHAT IF, WHAT COULD COME BECAUSE THERE ARE TWO HEARINGS THAT HAVE BROUGHT THIS FRONT AND CENTER. THE GOVERNOR PROPOSED AND THE CITY DHD IN SUPPORT ROLE HAVE SUPPORTED THE CLEAN CAR RULE WHICH I UNDERSTAND THE HEARING IS SCHEDULED FOR NEXT WEEK. AND I WANT TO MAKE CLEAR THAT I KNOW SOME FOLKS HAVE WEIGHED IN ON THAT, AND PARTICIPATED IN VARIOUS WAYS. NO MATTER WHAT OUR ACTIONS WERE TONIGHT, IT IS VERY UNLIKELY THAT ANYTHING WE DID TODAY WOULD IMPACT THAT HEARING BY THE TIME THAT GOES INTO AFFECT AND REQUIRES ACTION FROM THE MAYOR OR NO ACTION THAT WOULD ALLOW THE BILL TO SIT AROUND FOR TEN DAYS. IT WOULD BE EXTRAORDINARY FOR THIS PIECE OF LEGISLATION TO HAVE IMPACT. BUT THE NEXT HEARING WHICH IS IN DECEMBER, DECEMBER 3rd, AND THAT WAS BROUGHT THIS YEAR. I TAKEN TO THE POINT THAT NO ONE KNOWS WHAT THEY'RE GOING TO DO BECAUSE THEY HAVEN'T DONE IT. I UNDERSTAND THROUGH THE GRAPEVINE THAT PETITIONERS HAVE BEEN TALKING TO STAKEHOLDERS AS CONTEMPLATED IN THE ORDINANCE AND THAT DHE IS CONSIDERING SOME OF THE BOARD MEMBERS MAY BE, AND THERE ARE NO EX-PARTE RULES AND THERE SHOULD BE ABOUT POTENTIAL CHANGES OR MODIFICATIONS THAT ADDRESS SOME OF THE CONCERNS. I THINK THIS IS PRE-MATURE. I'M ALSO NOTING, I'M GETTING TO MY POINT, I AM NOTING THAT INITIALLY I UNDERSTAND AND I WANT TO ASK MR. MORROW OR MS. KEEF, DID THE BOARD INITIALLY APPOINT A HEARING OFFICER TO HEAR THIS MATTER? LIKE A THIRD-PARTY HEARING OFFICER WHO HAS NOT ENGAGED IN THIS PROCESS? DOES SOMEONE KNOW WHERE WE ARE WITH THAT? >> THERE WAS A HEARING OFFICER APPOINTED, HE DID RESIGN. THERE HAS BEEN ANOTHER APPOINTED. >>COUN. DAVIS: THERE IS NOW A CURRENT, OR MAYBE WILL BE SOON? >> YES. >>COUN. DAVIS: THAT'S HELPFUL TO ME. DO YOU KNOW IN THE PROCESS, WILL THE HEARING OFFICER -- WHAT IS THE ROLE OR INTERACTION OF THE HEARING OFFICER IN THE 3rd? CAN THE BOARD TAKE FINAL ACTION WITH OR WITHOUT THE HEARING OFFICER? IS THAT ESTABLISHING THE PARAMETERS? I'M TRYING TO UNDERSTAND THE TIMELINE AND WHAT THE URGENCY WITH THIS SET OF RULES IS TO GET DONE. >> THE BOARD ALREADY ESTABLISHED THE PARAMETERS FOR THE HEARING. IT'S ESTABLISHED A GUIDELINES FOR THE HEARING OFFICER. THE BOARD CANNOT TAKE ACTION. I BELIEVE IT'S DECEMBER 4th. >>COUN. DAVIS: LET'S CALL IT EARLY DECEMBER. >> THE HEARING OFFICER HAS TO HOLD THE HEARING. >>COUN. DAVIS: THANK YOU, MA'AM. PART OF MY CONCERN IS I AGREE, BELIEVE IT OR NOT, WITH COUNCILOR LEWIS'S POINTS. WHEN YOU A BOARD LIKE THIS THAT HAS BIG IMPACT, VERY PARTICULAR TECHNICAL SPECIFICATIONS THAT HAVE IMPACT ON BUSINESS AND PERMITTING I THINK ALL PERMITTING THINGS SHOULD BE HAVING AN EX-PARTE RULE FOR SOME PIECES WHEN YOU'RE ADVERARIAL OR HAVE STAKEHOLDERS. I SUPPORT THOSE. WE TALKED ABOUT THAT AT CPOA ABOUT HAVING EX-PARTE COMMUNICATION. I THINK THAT WOULD BE IMPORTANT HERE. I SUPPORT THAT PROVISION OF A REVISED RULE OR ORDINANCE. I THINK THOSE THINGS MATTER. I HAVE PREPARED AN AMENDMENT TO THIS IN THE CHANCE THAT THE SPONSORS BILL PASSES. I GUESS WE'RE AT THAT POINT. I'M GOING TO ASK IF YOU CAN SHARE THAT ON THE SCREEN WITH FOLKS. [ INAUDIBLE ] [ INAUDIBLE ] [ INAUDIBLE ] [ INAUDIBLE ] [ INAUDIBLE ] [ INAUDIBLE ] [ INAUDIBLE ] [ INAUDIBLE ] [ INAUDIBLE ] -- >>COUN. FIEBELKORN: REQUIREMENTS FROM OUR BOARD -- THAT'S AN ACTUAL QUESTION. >>COUN. DAVIS: I THINK WE'LL GO TO THE SPONSOR. IF HE HAS KNOWLEDGE. >>COUN. LEWIS: ARE YOU SAYING THAT WE STEAL THAT LANGUAGE? >>COUN. FIEBELKORN: YOURS IN THE BILL IS WHAT IN THE TENNESSEE AIR POLLUTION CONTROL BOARD. >>COUN. LEWIS: THAT DOESN'T MEAN WHERE IT CAME FROM. I THINK WE LOOKED AT BEST PRACTICES AND LOOKED AT THE REQUIREMENTS OF A BUSINESS PERSON INDUSTRY. >>COUN. FIEBELKORN: I'M TALKING ABOUT THE LANGUAGE ON THE BOTTOM OF PAGE SIX THAT WAS WHAT ALL THE CALL -- QUALIFICATIONS SHOULD BE. IT MATCHES THE TENNESSEE AIR POLLUTION CONTROL BOARD. >>COUN. LEWIS: THAT WOULD BE PHENOMENAL. I THINK THAT'S GREAT CRITERIA TO HAVE. IF WE GOT IT FROM THEM OR A NUMBER OF BEST PRACTICES. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THE ONLY ONE I CAN FIND AND I DON'T WANT TO BE LIKE TENNESSEE. >>COUN. LEWIS: PROBABLY AHEAD OF US IN A MILLION THINGS TO BE HONEST. >>COUN. DAVIS: OTHER QUESTIONS? COUNCILOR BASSAN. I APOLOGIZE. >>COUN. BASSAN: MR. PRESIDENT, THERE'S SOME THINGS IN THIS AMENDMENT THAT I HAVE NO PROBLEM WITH THE CHANGES, BUT I WILL SAY THAT I COULDN'T RESIST HAVING THE COMMENT THAT ADDING THE LANGUAGE TO ALLOW THE DIRECTOR OF ENVIRONMENTAL HEALTH TO APPOINT A DESIGNEE. I AM EXTREMELY DISAPPOINTED THE DIRECTOR IS NOT HERE. THIS IS SOMETHING ON THE AGENDA. THIS GLARINGLY OBVIOUS WE SHOULDN'T HAVE TO REQUEST OR GET ANY OF THAT. >>COUN. DAVIS: ON THAT FRONT, I THINK COUNCILOR FIEBELKORN HAD A THING OF WHY THEY'RE NOT HERE. >>COUN. BASSAN: I THINK SOMEBODY FROM ENVIRONMENTAL HEALTH DEPARTMENT. AND I APPRECIATE MR. -- HIM FOR STEPPING IN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THERE IS AN AIR QUALITY CONTROL BOARD MEETING TONIGHT. IT'S MY UNDERSTANDING THE ENVIRONMENTAL HEALTH DEPARTMENT UPPER MANAGEMENT IS THERE AS REQUIRED BY OUR LANGUAGE FOR THAT. >>COUN. BASSAN: POINT OF ORDER. SO, REGARDLESS, AND I UNDERSTAND ALL OF THAT, THE DEPARTMENT IS NOT MADE UP OF ONLY A FEW PEOPLE. THAT'S RIDICULOUS TO ME. BY DOING THAT AND ALSO SAYING THAT WE'RE GOING TO REMOVE THE REQUIREMENT ABOUT ENVIRONMENTAL -- WE SHOULDN'T BE PUTTING SOMETHING IN THIS AMENDMENT THAT SAYS WE'RE GOING TO ADD -- WE'RE TAKING THE REQUIREMENT FOR ENVIRONMENTAL HEALTH. CLEARLY WE NEED TO REQUIRE THEM TO BE PRESENT WHEN WE NEED THEM. WE SHOULDN'T HAVE TO DO THAT. FOR THAT REASON ALONE, I THINK IT'S A BLATANTLY FRUSTRATING DETAIL. NOT BECAUSE OF ANYTHING YOU DID, BUT I THINK IT'S INCREDIBLY FRUSTRATING. >>COUN. DAVIS: LET ME SAY, I THINK THE AMENDMENT IS TRYING TO DO -- THERE'S UNWORKABLE PIECES HERE IN THE BILL THAT WERE NOT ENFORCEABLE OR WORKABLE AND TRYING TO CLEAN THOSE UP AND MAKE THE BILL SIMPLIFIED IN PROCESS. I THINK WE SHOULD BE IN CONCERT WITH THE COUNTY WITH HOW THIS SHOULD WORK. ON THE OFF CHANCE THIS PASSES, I WONDERED IF IT'S SOMETHING WE COULD ENFORCE. AFTER SPEAKING WITH CITY LEGAL AND EXPERTS ON HOW THEY IMPLEMENT SOME OF THE STUFF, SOME OF THE QUESTIONS WERE WHAT IF THE DIRECTOR IS OUT OF TOWN, WE'RE TRYING TO ACCOMMODATE THOSE CONCERNS. THAT'S THE POINT OF THE AMENDMENT. I THINK WE CAN TRY THE AMENDMENT. I'M OPEN TO OTHER COMMENTS. COUNCILOR LEWIS? >>COUN. LEWIS: I DON'T AGREE WITH THE FLOOR SUB. IT CHANGES THE BILL SO MUCH IT WOULD BE A FLOOR SUB. THESE ARE BIG CHANGES. I THINK THERE'S A LOT THAT ARE PRETTY MILD. THERE'S A BUNCH I HAVE A PROBLEM WITH. I THINK IT'S EASIER TO DO IT HOW THE ORDINANCE SAYS IT. TO MAKE THAT TRANSITION CHANGE. I THINK IT HAPPENED VERY QUICKLY. I THINK DOING IT LIKE THIS, IF THERE WAS A DANGER TO THE STATE TAKING IT OVER OR SOME OF THE CONCERNS, THAT WOULD CONTRIBUTE MORE TO IT. THAT WAS A DANGER. REMOVING A REQUIREMENT OR THE LANGUAGE ABOUT CONFLICT OF INTEREST, I THINK THAT'S STRAIGHTFORWARD. LIKE I SAID, TRYING TO SEE WHAT'S IN HERE THAT I CAN SUPPORT. I THINK THAT THE ENTIRETY -- MY OTHER QUESTION FOR YOU, AND THE COUNCILORS, I'M NOT SURE IF THIS -- COUNCILOR DAVIS, WOULD THIS AMENDMENT, WOULD YOU SUPPORT THESE TWO BILLS TONIGHT? >>COUN. DAVIS: NOT AS THEY'RE REMAINING TO BE WRITTEN. >>COUN. LEWIS: AGAIN, I DON'T THINK IT'S A REAL PROPOSAL THAT BRINGS US ANY CLOSER TO UNITY OR COMPROMISE. >>COUN. DAVIS: SEEING NO OTHER DISCUSSION. I'M SORRY, COUNCILOR BENTON. >>COUN. BENTON: I APPRECIATE YOUR DEFENSE. THIS STILL LEAVES OPEN THE ENTIRE QUESTION OF THIS IS A JOINT BOARD. REGARDLESS OF WHO IS PAYING FOR WHAT. I ACTUALLY RAISED THIS AS A CONCERN THAT I SHARE. NONETHELESS, THIS IS A LONG-STANDING BOARD. DURING MY TIME ON THE COUNCIL, A LOT OF EFFORTS MADE WITH THIS BOARD. WHEN WE'RE WRITING ZONING REGULATIONS, A LOT OF DEFERENCE WAS PAID TO THIS PROCESS AS OPPOSED TO A LAND USE REGULATION PROCESS. EVEN WHEN IT PASSED AT PREVIOUS COUNCIL IT DID PASS LANGUAGE HAVING TO DO WITH CUMULATIVE IMPACT WHICH IS A STEP FORWARD, WE KEPT A CERTAIN ARM'S LENGTH IN OUR LAND USE REGULATION BASED ON MY UNDERSTANDING AT THE TIME THAT WE'RE TRYING TO WORK WITH THE COUNTY TO COMPLY WITH OUR REQUIREMENTS AND THE ISSUES WITH THE STATE WITH REGARD TO THE BOARD. UNTIL SUCH TIME IS WE'RE JOINT LY TACKLING THE PROBLEMS -- AND I'M NOT SAYING THERE ARE NOT PROBLEMS WITHIN THIS BOARD. I THINK WE'RE OUT IN FRONT OF OUR SKIS, AS THEY SAY. I'M NOT A SKIER, I'M NOT SURE IF THAT'S THE CORRECT TERM. MAYBE THAT'S A WATER-SKIING TERM. WE'RE AHEAD OF THE DISCUSSION THAT MUST OCCUR BETWEEN US AND THE COUNTY TO FIX ANY PERCEIVED OR ACTUAL PROBLEMS WITHIN THE PROCEDURES AND OPERATIONS OF THE BOARD. THANK YOU. >>COUN. DAVIS: COUNCILOR BENTON, SEEING THAT, I THINK THE INTENT IS MAKE THE PROCESS SMOOTHER TO HAVE A PLACE TO HAVE A STRONGER CONVERSATION WITH THE COUNTY. I THINK THE ORIGINAL VERSION IS A NON-STARTER. AND WE'VE SEEN BECAUSE OF THE WAY IT'S DRAFTED. SEEING THE MOMENT WON'T PASS I'LL WITHDRAWL THAT. WE'RE BACK ON THE BILL. HOWEVER, WE'RE OUT OF TIME. WE HAVE NINE MINUTES. IF YOU CAN WRAP UP ALL THOSE THINGS IN NINE MINUTES THAT'S GREAT. OTHERWISE, I'LL ENTERTAIN A MOTION TO EXTEND IT MEETING. >>COUN. BASSAN: AND MAKE A MOTION TO EXTEND THE MEETING UNTIL MIDNIGHT. >>COUN. GROUT: SECOND. >>COUN. DAVIS: ALL THOSE IN FAVOR PLEASE TELL THE CLERK. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: THANKS. WE ARE BACK ON THE BILL. COUNCILOR GROUT ON THE BILL. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. I JUST HAVE A COUPLE OF COMMENTS OR A COMMENT AND A COUPLE QUESTIONS. PEOPLE ARE ACCUSING THE COUNCIL OF ABOLISHING THE CARE QUALITY BOARD. THIS IS LEGISLATION. MR. MORROW, DOES THIS ORDINANCE ACTUALLY DO THAT? >> COUNCIL PRESIDENT, COUNCILOR GROUT, THIS ORDINANCE RESCINDS THE CURRENT AIR QUALITY ORDINANCE AND THEN REIMPOSES A NEW ORDINANCE IN THE COURSE OF DOING THAT IT WOULD REMOVE THE EXISTING BOARD MEMBERS THAT ARE APPOINTED FROM THE CITY. IN THAT SENSE, THE BOARD MEMBERS WOULD BE REMOVED BUT THE BOARD WOULD NOT BE ABOLISHED. >>COUN. GROUT: THANK YOU FOR THAT. DOES THIS BILL CONFLICT WITH THE COUNTY'S ABILITY TO APPOINT MEMBERS TO THE AIR QUALITY BOARD? >> COUNCIL PRESIDENT, COUNCILOR GROUT, IT DOES NOT. >>COUN. GROUT: AND FINAL QUESTIO -- I HAVE A COUPLE MORE. DOES THIS BOARD -- DO ALL BOARDS AND COMMISSIONS HAVE TO FOLLOW THE OPEN MEETINGS ACT? >> COUNCIL PRESIDENT, COUNCILOR GROUT, THE POLICY OF THE CITY IS BOARDS AND COMMISSIONS SHOULD FOLLOW THE OPEN MEETINGS ACT. THE OPEN MEETINGS ACT TECHNICALLY APPLY TO BOARDS WITH DECISION MAKING AUTHORITY AND CAPACITY OF EXERCISING THAT DECISION-MAKING AUTHORITY. IN THAT SENSE, SOME BOARDS ARE RECOMMENDING BODIES AND THEY DO NOT TECHNICAL HAVE TO FOLLOW THE OPEN MEETINGS ACT TO COMPLY WITH STATE LAW, HOWEVER THE POLICY AS ENUMERATED IS THEY SHOULD FOLLOW THE OPEN MEETINGS ACT. >>COUN. GROUT: DOES THIS BOARD FOLLOWING THE OPEN MEETINGS ACT? >> MY UNDERSTANDING IS IN SOME INSTANCES THE BOARD HAS BEEN ADVISED BY THEIR COUNSEL THAT SUBCOMMITTEES ARE ONLY ADVISORY AND DO NOT HAVE TO COMPLY WITH THE NOTICE OF PUBLIC MEETINGS DIVISION. >> MAY I EXPAND ON THAT? >>COUN. GROUT: YES, PLEASE. >> I WAS ASKED ABOUT SUBCOMMITTEES. TECHNICALLY, SUBCOMMITTEES ARE NOT REQUIRED TO FOLLOW THE OMA. AS MR. MORROW POINTED OUT, IT'S THE POLICY OF THE CITY THAT THEY DO. THE OMA DOES NOT REQUIRE IT. >>COUN. GROUT: OKAY. WHEN THIS BOARD MEETS AS A WHOLE, DO THEY FOLLOW THE OPEN MEETINGS ACT? >> YES, MA'AM. >>COUN. GROUT: THANK YOU. MR. PRESIDENT, THANK YOU. >>COUN. PEÑA: BACK ON THE BILLCH . >>COUN. DAVIS: OTHER QUESTIONS? COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I HAVE SOME AMENDMENTS. I DON'T KNOW IF THE STAFF PASSED THEM OUT. OR IF YOU CAN PASS THEM OUT REAL QUICK. JUST AS WE GET STARTED, I JUST WANTED TO SAY A COUPLE THINGS. WE'RE TALKING BACK AND FORTH ABOUT THIS. FOR ME, HAVING TO ADDRESS THIS AND HAVING THIS BEING BROUGHT UP IN FRONT OF THIS BODY WE'VE HEARD SEVERAL CONCERNS ABOUT THE BOARD ITSELF AND WHAT THEY'RE DOING AND WHAT THEY'RE NOT DOING. YOU KNOW, I GUESS, COUNCILOR LEWIS IS A VERY CAPABLE PERSON OF DEFENDING HIMSELF, BUT I THINK WHAT HE'S TRYING TO DO IS ADDRESS WHAT IN YOUR LETTER IN OTHER INSTANCES WE'VE HEARD THE BOARD IS -- THERE'S POTENTIAL CONFLICT OF INTEREST OR OVERREACHING. THEY'RE NOT FOLLOWING OPEN MEETINGS ACT. THE BOARD IS -- I DON'T KNOW, FOLLOWING THE STATE LAW. THESE WERE THE THINGS HEARING THE BOARD IS DOING OR NOT DOING. I DON'T KNOW. I'M NOT PART OF WHAT THEY DO OR DON'T DO. THIS BODY IS -- THE RESPONSIBILITY OF TRYING TO ADDRESS THAT. WE CANNOT IGNORE IF A BOARD OF THE CITY AND A BOARD OF THIS IMPORTANCE IS NOT FOLLOWING THE RULES. I GUESS MAYBE BEFORE I CONTINUE WITH MY COMMENTS, I'D ASK THE STAFF, IS THAT -- I DON'T KNOW, MAYBE THIS IS FOR MS. LAWRENCE. IS THAT ACCURATE? SOME THINGS ARE NOT BEING FOLLOWED PROPERLY? >> COUNCILOR PEÑA, I THINK THERE HAS BEEN SOME PROCEDURAL CONCERNS DURING THIS PROCESS. THERE HAS BEEN SOME ISSUES RAISED IN TERMS OF FILING DEADLINES AND THE BOARD HOLDING HEARINGS BEFORE PEOPLE HAD A CHANCE TO RESPOND TO A MOTION. THINGS OF THAT NATURE. THERE HAVE BEEN PROCEDURAL CONCERNS THROUGHOUT THIS PROCESS THAT WE HAVE HAD TO RAISE AS A BOARD. AND SOMETIMES WITH NO RESPONSE FROM THE BOARD. THERE HAS BEEN SOME CONCERNING ISSUES. I WOULD SAY FUNDAMENTALLY THE BOARD IS FUNCTIONING THE WAY A BOARD IS FUNKING. >>COUN. PEÑA: THERE HAS BEEN ISSUES AND THAT'S STARTED THE CONVERSATION. >> YES. >>COUN. PEÑA: WE'RE HEARING PEOPLE FROM THE ENVIRONMENTAL POSITION AND FROM THE BUSINESS COMMUNITY, AT THE END OF THE DAY BOTH SIDES SHOULD WANT THE BOARD TO OPERATE EFFICIENTLY AND DO WHAT THEIR JOB IS. THAT'S WHY WE'RE HERE TRYING TO ADDRESS THAT. WHETHER I AGREE OR DISAGREE WITH SOME OF WHAT'S HAPPENING, I THINK BOTH SIDES OF WHATEVER YOU STAND ON SHOULD REALLY WANT US TO DO THAT JOB. WHEN WE'RE TALKING ABOUT COMMUNITY MEMBERS, A COUNCILOR SAID WE HAVE COMMUNITY MEMBERS THAT SHOWED UP AND BUSINESS COMMUNITY, THE BUSINESS COMMUNITY HAPPENS TO BE COMMUNITY MEMBERS AS WELL. WE'RE ALL ONE COMMUNITY. AND WE ALL LIVE HERE AND BUSINESS MEMBERS, NOT ALL OF THEM SLEEP AT NIGHT AND GO SOMEWHERE, THEY'RE MEMBERS OF THE COMMUNITY, SO WE HAVE TO ADDRESS THEIR CONCERNS AS WELL. I GET UNCOMFORTABLE ABOUT US MAKING IT ABOUT THE DEVELOPER OR THE COMMUNITY. I'M BORN AND RAISED IN THE SOUTH VALLEY I KNOW THE IMPACTS OF WHAT HAPPENED AND THERE AND WASN'T HASN'T HAPPENED. YOU HEAR ME TALK ABOUT IT ALMOST EVERY MEETING, BUT YOU KNOW, I HAVE SOME AMENDMENTS HERE. I DO WANT TO SAY BECAUSE LOOKING AT THIS, I LOOK AT ALL THE BOARD MEMBERS ON THERE AND I DID RESEARCH AND THEY'RE ALL VERY QUALIFIED. THEY'RE VERY QUALIFIED TO BE ON THIS BOARD. THE THING THAT I DON'T SEE IS -- I DON'T COMMUNITIES IMPACTED ON THIS BOARD. I DON'T SEE THAT THE BOARD ACTUALLY -- WHEN YOU LOOK AT THE SOUTH VALLEY, SOME OF THE ISSUES WE HAVE, I DON'T SEE THE DIVERSITY WE NEED. THIS BOARD DOESN'T REFLECT -- YOU HAVE HEARD ME SAY THIS OVER TIME, MANY OF OUR BOARD MEMBERS AREN'T REFLECTIVE OF OUR COMMUNITY. I THINK I SAID THIS, AND IT'S DIFFICULT TO GET PEOPLE TO SIT ON THE BOARDS, BUT WE HAVE TO STRIVE HARDER TO GET COMMUNITY MEMBERS THAT LOOK LIKE OUR COMMUNITY. I LOOKED AT THIS BOARD, AND WOW, ABOVE MY PAY GRADE. THEY DON'T LOOK LIKE THE COMMUNITIES IMPACTED BY SOME OF THE ISSUES THAT WE HAVE. WITH ALL THAT BEING SAID, THANK YOU FOR ALLOWING ME TO SAY THAT BEFORE I MOVE MY AMENDMENTS. I DON'T KNOW WHAT ORDER I NEED TO DO THESE IN THE. FLOOR AMENDMENT NUMBER ONE. THIS ONE IS -- I DON'T KNOW IF YOU WANT TO PUT IT UP ON THE SCREEN? I DIDN'T GET THEM IN ORDER. I DON'T KNOW WHICH ONE -- I'LL GO AHEAD AND START WITH THE ONE I HAVE. THIS WILL BE FLOOR AMENDMENT NUMBER ONE. THIS IS WHEREAS THE BOARD SHALL FOCUS ON COMMUNITIES NEGATIVELY IMPACTED BY ENVIRONMENTAL IMPACTS. >>COUN. DAVIS: THIS IS AMENDMENT NUMBER TWO. WE DID MOTION THE FIRST. THIS IS WILL BE FLOOR AMENDMENT NUMBER TWO. WHEREAS THE BOARD SHALL FOCUS ON COMMUNITIES. >>COUN. PEÑA: NEGATIVELY AFFECTED BY ENVIRONMENTAL IMPACTS. AND ON PAGE SIX, LINE NINE, INSORT THE FOLLOWING AND RENUMBER SUBSEQUENT SECTIONS. MEMBERS OF THE BOARD PREVIOUSLY SERVING AT THE TIME ARE ENACTED SHALL CONTINUE SERVING. LOOKING AT IT, WE HAVE FOUR MEMBERS. THE COUNTY HAS THREE MEMBERS. WE HAVE FOUR MEMBERS. TWO OF THE MEMBERS THE TERM EXPIRES IN APRIL. KICKING SOMEBODY OFF THE BOARD WHEN THEIR TERM EXPIRES IN APRIL, ONCE THOSE TERMS EXPIRE, THE OTHER YEAR THE OTHER TWO WILL EXPIRE. WE HAVE THE OPPORTUNITIES IN APRIL TO MAKE THE CHANGES THAT COUNCILOR LEWIS IS TRYING TO ACHIEVE IN APRIL. ANYWAY, MEMBERS OF THE BOARD SERVING IN TERMS AND THE LENGTH AND TERMINATION OF THE TERMS SHALL NOT BE AFFECTED BY THE PASSAGE. THE AMENDMENT ADDS A WHEREAS CLAUSE TO EMPHASIZE THE BOARD SHOULD FOCUS EFFORTS ON THOSE COMMUNITIES ADVERSELY AFFECTED BY ENVIRONMENTAL POLICIES. THE SECOND CHANGE ALLOWS THE CURRENT BOARD MEMBERS TO SERVE ON THE BOARD. THIS MEANS THE BOARD WOULD HAVE A QUORUM IF THE ORDINANCE PASSES. >>COUN. DAVIS: SECOND FROM COUNCILOR BASSAN. >>COUN. DAVIS: ANY DISCUSSION? COUNCILOR FIEBELKORN AND COUNCILOR LEWIS. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I APPRECIATE THE PROPOSALS. I THINK THEY'RE ALL REALLY IMPORTANT PARTS THAT SHOULD BE IN OUR CONVERSATION WITH THE COUNTY AROUND HOW WE CHANGE THE ALBUQUERQUE-BERNALILLO COUNTY JOINT AIR QUALITY CONTROL BOARD. I DON'T THINK WE CAN FIX THIS BILL. THIS BILL SAYS THIS BODY, THE FOLKS SITTING IN FRONT OF YOU HAVE VETO POWER OVER EVERY DECISION MADE IN THE FUTURE BY THE ALBUQUERQUE-BERNALILLO COUNTY JOINT AIR QUALITY BOARD. I DON'T SUPPORT THAT. AND I DON'T THINK WE CAN FIX THIS BILL BY ADDING THINGS WE ALL SHOULD AGREE TO BUT SHOULD BE PART OF CONVERSATION WITH THE COUNTY. >>COUN. LEWIS: MR. PRESIDENT, THAT I ACTUALLY PROBABLY WOULD BE OPEN TO, TO BE HONEST. AGAIN, I DON'T THINK BY MAKING THAT CHANGE THAT IT WOULD GAIN ANY MORE SUPPORT. MAYBE IT WOULD, IF IT WOULD, I WOULD LIKE TO KNOW. CERTAINLY THAT WOULD GAIN SOME MORE SUPPORT. ACTUALLY, COUNCILOR PEÑA, I AGREE WITH ALL OF THESE EXCEPT FOR THIS ONE. YOUR OTHER AMENDMENTS I'M FINE WITH. THE FIRST PART OF THIS AMENDMENT, I THINK IT'S SO BROAD, I'M NOT SURE IF IT DOES ANYTHING. COMMUNITIES NEGATIVELY AFFECTED BY ENVIRONMENTAL IMPACTS. SOMEONE CAN MAKE A CASE THAT EVERY PART OF THE COMMUNITY IS IMPACTED. I'M JUST NOT SURE IT DOES ANYTHING. I'M HERE NOR THERE ON THAT. I AGREE WITH THE REST OF THEM. I DON'T AGREE WITH THIS AMENDMENT JUST BECAUSE I DON'T AGREE WITH THE SECOND PART OF IT, WHICH I THINK IT CHANGES IT SO MUCH THAT WE HAVE TO CHANGE THE TITLE OF THE BILL IF WE AMENDED IT LIKE THIS. THEREFORE, WOULD CHANGE THE ENTIRE BILL. I DO NOT SUPPORT THIS FIRST AMENDMENT. >>COUN. DAVIS: BACK TO COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. ACTUALLY, I WAS GOING TO SAY THAT I HAD THE AMENDMENT. I DON'T HAVE IT IN MY PACKET. >> MR. PRESIDENT, COUNCILOR PEÑA, WE DO HAVE THAT AMENDMENT THAT WE CAN PUT UP THERE THAT SHOWS YOU WOULD BE REMOVING THE CITY COUNCIL ABILITY TO VETO. >>COUN. PEÑA: WE'LL PUT THAT UP AT SOME POINT. >>COUN. BASSAN: MR. PRESIDENT, I'M SORRY TO INTERRUPT. CAN YOU ALL BE LOUDER? I CAN'T EVEN HEAR YOU. THEY CAN'T HEAR YOU. I CAN'T HEAR YOU. PLEASE PLEASE. >>COUN. DAVIS: COUNCILOR PEÑA, WE'RE ON YOU. >>COUN. PEÑA: I'LL CLOSE ON THE AMENDMENT. >>COUN. DAVIS: CALL THE ROLL ON AMENDMENT NUMBER TWO. FOR COUNCILOR PEÑA. >>COUN. BASSAN: NO. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: NO. >>COUN. JONES: NO. >>COUN. LEWIS: NO. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: NO. >>COUN. DAVIS: YES. >> IT FAILS 3-6. >>COUN. DAVIS: THAT FAILS 3-6. >>COUN. PEÑA: FLOOR AMENDMENT NUMBER THREE IS ON PAGE SIX LINE 27 ADD THE FOLLOWING WORDS. THE BOARD SHALL BE COMPRISED OF MEMBERS THAT BROADLY REPRESENT THE DIVERSITY AND DEMOGRAPHIC OF THE CITY BY WAY OF CULTURE, GEND ER, AND GEOGRAPHIC DIVERSITY. >>COUN. DAVIS: SECOND FROM COUNCILOR BASSAN. QUESTIONS FROM COUNCILORS? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. JUST TO BE CLEAR, WE'RE ADDING THIS LINE BUT WE'RE GOING TO STILL HAVE ALL OF THE STUFF FROM THE TENNESSEE LANGUAGE AROUND THE QUALIFICATIONS OF INDIVIDUAL BOARD MEMBERS. >>COUN. PEÑA: YEAH. >>COUN. FIEBELKORN: WE'RE JUST ADDING SOMETHING -- >>COUN. PEÑA: THAT'S IN THE BILL. IT'S NOT CHANGING ANYTHING ELSE. >>COUN. FIEBELKORN: THANK YOU. MY CONCERN IS I'M NOT SURE HOW WE'RE GOING TO FIND FOLKS THAT BROADLY REPRESENTATIVE THE DIVARSITY OF THE LIMITED TO THE GENDER AND CULTURAL GEOGRAPHIC DIVERSITY. I'M CONFUSED BY THAT. THANK YOU. >>COUN. DAVIS: COUNCILOR BENTON AND WE'LL GO BACK TO THE SPONSOR. >>COUN. BENTON: I HAVE THE SAME CONCERN. THIS GOES TO THE DISCUSSION ABOUT THE POLICE OVERSIGHT. WE HAVE A VERY DIFFICULT TIME AND THERE'S SIMILAR LANGUAGE I BELIEVE IN THE ORIGINAL BILL OVER THE POLICE OVERSIGHT OF DIVERSITY ET CETERA. WHICH IS ALL GREAT BUT WE ENDED UP WITH A HOMOGENOUS LOOKING GROUP OF A BOARD. WE'RE INTENT ON POPULATING THAT BOARD AND NOW HERE WITH THE TECHNICAL CONDITION AS COUNCILOR FIEBELKORN DESCRIBES, IF YOU HAVE SOME LANGUAGE TO THE GREATEST EXTENT POSSIBLE OR STRIVE TO DO THIS, I THINK I WOULD CERTAINLY SUPPORT IT. I'M CONCERNED WHETHER THIS BILL PASSES OR NOT THAT THESE QUALIFICATIONS WOULD TRUMP THE TECHNICAL QUALIFICATIONS NEEDED ON THE BOARD. MAYBE IF THE SPONSOR WOULD SAY TO THE GREATEST EXTENT POSSIBLE. >>COUN. PEÑA: I COULD SAY THAT. IT'S IMPLYING THAT PEOPLE THAT ARE DIVERSE COULDN'T MEET THESE QUALIFICATIONS? >>COUN. BASSAN: ON ONE HAND WE HAVE HEARD WE HAVE A CAPABLE FULLY TALENTED AMAZING CITY AND NOW WE'RE BEING TOLD THEY'RE NOT CAPABLE ENOUGH INCLUDING DIVERSITY. I SUPPORT THIS AMENDMENT. >>COUN. BENTON: WELL, YOU KNOW, I DISLIKE THE IMPLICATION. I STAND BY PEOPLE OF COLOR AND GENDER AND HOW THEY IDENTIFY ET CETERA. BUT THERE'S A LIMITED POOL OF EXPERTISE. TO THE GREATEST EXTENT THEY SHOULD BE DIVERSE IN THESE WAYS. THAT'S WHERE I'M COMING FROM. THAT NO WAY IMPLIES. AND I DON'T THINK PEOPLE -- ARE WE GOING TO BE ABLE TO POPULATE THOSE POSITIONS? >>COUN. BASSAN: MR. PRESIDENT, COUNCILOR BENTON, I APOLOGIZE. I WAS NOT DIRECTING MY COMMENT TOWARD YOU. >>COUN. PEÑA: I URGE YOUR SUPPORT. >>COUN. DAVIS: ALL THOSE IN FAVOR OF FLOOR AMENDMENT TELL THE CLERK YES. >>COUN. BASSAN: YES. >>COUN. BENTON: NO. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. JONES: NO. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES ON A 6-3 VOTE. >>COUN. DAVIS: COUNCILOR PEÑA. >>COUN. DAVIS: MR. PRESIDENT, NUMBER FOUR, OR FIVE? >>COUN. DAVIS: THIS WILL BE FOUR. THAT LAST ONE WAS THREE. THAT PASSED ON A 6-3. AFTER APRIL 1st WILL BE FLOOR AMENDMENT NUMBER FOUR. >>COUN. PEÑA: THANK YOU. FLOOR AMENDMENT NUMBER FOUR THIS IS ON PAGE TWO LINE SEVEN, WHEREAS THE BOARD SHALL FOCUS -- NO -- >>COUN. DAVIS: THE LAST ONE IS AFTER APRIL 1. >>COUN. DAVIS: FLOOR AMENDMENT NUMBER FOUR ON PAGE SEVEN LINE SIX INSERT THE FOLLOWING AFTER THE WORD COUNTY. AFTER APRIL 1, AT LEAST ONE BOARD MEMBER APPOINTED BY THE CITY SHALL INCLUDE A COMMUNITY MEMBER LIVING IN AN AREA NEGATIVELY IMPACTED BY INDUSTRY. FOR THE EXPLANATION, I DON'T THINK I NEED ONE. >>COUN. DAVIS: SECOND FROM COUNCILOR BASSAN. >>COUN. BENTON: WHICH INDUSTRY? DOES THIS CHANGE DEPENDING ON THE CASE BEFORE THE BOARD? QUESTION FOR THE SPONSOR. >>COUN. PEÑA: I GUESS WE CAN CLARIFY INDUSTRY MORE. INDUSTRY IS INDUSTRY. >>COUN. DAVIS: I HAVE A COUPLE OF FOLKS THAT WANT TO FOLLOW UP. IS THAT FOR ONE OF THE DRAFTERS? I DON'T KNOW WHO THE DRAFTER IS. MR. MORROW, I THINK YOU'RE UP. >> COUNCIL PRESIDENT, COUNCILOR BENTON, IT WAS NOT SPECIFIED BEYOND INDUSTRY. WE CAN INCLUDE ADDITIONAL LANGUAGE SIMILAR TO THE ORDINANCE DRAFTED ABOUT INDUSTRY SUCH AS PRIVATE MANUFACTURING CONCERNS OR SOMEBODY NEGATIVELY IMPACTED BY ADVERSE AIR QUALITY. SOMETHING ALONG THOSE LINES. WOULD THAT SATISFY THE COUNCILOR? >>COUN. PEÑA: WHAT WAS THAT AGAIN? I'M HAVING A HARD TIME. >> I'M SORRY ABOUT THAT. WE CAN SPECIFY THAT INDUSTRY MEANS INDUSTRIES THAT PRODUCES ADVERSE AIR QUALITY IMPACTS TO THE COMMUNITY. SOMETHING ALONG THOSE LINES. WOULD THAT SATISFY? >>COUN. DAVIS: WOULD YOU DRAFT THAT SO WE CAN BE SURE WE CAPTURE THAT. I'LL COME BACK. WE HAVE A COUPLE QUESTIONS. WE'LL MAKE SURE TO GET THAT BEFORE WE CLOSE. COUNCILOR SANCHEZ AND COUNCILOR LEWIS. >>COUN. SANCHEZ: LOOKING AT THIS ONE, THIS AMENDMENT, IT LOOKS LIKE IT'S PRETTY BROAD. I THINK IT MAY THOUGHT BE A BAD THING THAT APPOINTED BY CITY SHALL INCLUDE COMMUNITY MEMBER LIVING IN AN AREA NEGATIVELY IMPACTED BY THE INDUSTRY. ANY AREA IN ANY INDUSTRY. IF IT'S OPEN AND BROAD, IT COULD MEAN ANYTHING. AND MAYBE WE DO NEED PEOPLE TO BE ABLE TO BE REPRESENTED OF WHATEVER IS AT HAND. WE DON'T KNOW. WE DON'T KNOW WHAT INDUSTRY WE'RE DEALING WITH AT THE TIME. AND WE DON'T KNOW HOW IT'S NEGATIVELY GOING TO BE IMPACTED. I'M FINE WITH IT. >>COUN. LEWIS: MR. PRESIDENT, IT'S JUST SO BROAD. IT'S SO BROAD THAT IT DOESN'T HAVE ANY MEANING. I THINK ANYBODY CAN MAKE A CASE THAT I'M NEGATIVELY IMPACTED BY THE INDUSTRY. YOU CAN BE SO BROAD THAT IT MAKES IT INEFFECTIVE. MR. MORROW, THIS IS IN ADDITION TO -- THIS WOULD HAVE TO BE IN ADDITION TO THE CRITERIA. ONE OF THOSE FOUR MEMBERS WOULD HAVE TO ALSO MEET THIS REQUIREMENT? I GUESS IF THIS WAS PASSED. AND HOW -- I GUESS I WON'T ASK YOU THAT. IS IT IN ADDITION TO THE OTHER CRITERIA? >> COUNCIL PRESIDENT, COUNCILOR LEWIS, YES IN ADDITION TO THE TECHNICAL REQUIREMENT. >>COUN. LEWIS: MR. PRESIDENT, I THINK THE ANSWER TO COUNCILOR BENTON'S QUESTION IS IT WOULD LIMIT IT MORE. YOU GUYS ARE CONCERNED ABOUT OUR ABILITY TO REPLACE MEMBERS ON THIS BOARD, THIS WOULD BE SOMETHING THAT IS CONCERNING. THIS DEFINITION IS SO WIDE. I JUST THINK YOU CAN PUT ANYTHING IN THERE. IT TURNS MEANINGLESS. THAT'S MY HONEST OPINION. >>COUN. DAVIS: WE'RE BACK TO THE SPONSOR WHICH MIGHT NEED MR. MORROW TO CLARIFY. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. IF WE CAN CLARIFY THE AMENDMENT. I DON'T KNOW IF WE NEED TO DO ANYTHING PROCEDURALLY. I WANT TO SAY THAT I THINK IT WAS MR. DOMINICI THAT SAID 79% OF ALBUQUERQUE IS IMPACTED. IT DOESN'T REALLY LIMIT US. >> COUNCILOR PEÑA, AM PROPOSING REVISED LANGUAGE THAT SAYS INCLUDING A MEMBER NEGATIVELY BY -- IMPACTED RESOURCES AND FACILITIES. . >>COUN. PEÑA: YES. THAT WOULD WORK. >>COUN. DAVIS: COUNCILOR PEÑA HAS A FOLLOW UP AND WE'LL SEE IF WE CAN CLOSE. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. PERMANENT SOURCES, THERE WILL BE COMING NOW AND MORE IN THE FUTURE NOT FIXED SOURCE. HOW WOULD THAT BE IMPACTED BY THE WORDING YOU'RE SUGGESTING? >>COUN. DAVIS: MR. MORROW? >> COUNCILOR DAVIS, COUNCILOR FIEBELKORN, I WOULD NOT BE ABLE TO SATS FACTARILY ANSWER THAT QUESTION. I DON'T KNOW WHAT IT WOULD DO WITH MOBILE THINGS OR SITUATIONS LIKE THAT. >>COUN. FIEBELKORN: THANK YOU. THERE'S LOT OF THINGS COMING AND THEY'RE ON MOBILE SOURCES. I THINK WE SHOULD HAVE SOME SORT OF IDEA OF HOW THAT WOULD WORK. >>COUN. BASSAN: MR. PRESIDENT, DUE TO THE FLUIDITY OF THE INDUSTRY AND WHAT WE'RE TALKING ABOUT. I WAS ABLE TO SUPPORT IT BEFORE BUT NOT WITH THE NEW DEFINITION. >>COUN. DAVIS: COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. SO, I'LL ADD THE LANGUAGE. YEAH. I'LL CLOSE. URGE YOUR SUPPORT. >>COUN. DAVIS: WILL THE CLERK PLEASE CALL THE VOTE FOR FLOOR AMENDMENT NUMBER FOUR. >>COUN. BASSAN: NO. >>COUN. BENTON: NO. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. JONES: NO. >>COUN. LEWIS: NO. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: NO. >> THAT FAILS 3-6. >>COUN. PEÑA: MR. PRESIDENT, I HAVE ONE MORE. >>COUN. DAVIS: MR. CORNEALIOUS. COUNCILOR PEÑA, GET STARTED. YOU CAN TAKE US THROUGH IT. >>COUN. PEÑA: THIS IS FLOOR AMENDMENT NUMBER FIVE. FIVE? >>COUN. DAVIS: THE LAST ONE WAS NUMBER FOUR. THIS WILL BE FIVE. >>COUN. PEÑA: I THINK THAT'S WRONG, BUT OKAY. WE'LL GO WITH IT. >>COUN. DAVIS: I'M FOLLOWING THE CLERK. >>COUN. PEÑA: OKAY. THIS AMENDMENT WITHOUT READING THE ENTIRE AMENDMENT STRIKES SOME PARAGRAPHS AND ADDS A LINE. THIS EXPLANATION IS THIS AMENDMENT STRIKES THE SUBSEQUENT SUBSECTIONS ELIMINATES THE COUNCIL'S ABILITY TO DISAPPROVE A REGULATORY CHANGES OR EMISSIONS CONTROLS REQUIREMENTS PROMULGATED BY THE BOARD. AND ALLOWS THE CITY COUNCIL TO GRANT A STAY OF REGULATORY CHANGES OR EMISSIONS CONTROL REQUIREMENTS, SECTION TWO ALLOWS THE CITY COUNCIL TO EXCLUDEICALLY REGULATORY CHANGES. THIS ALSO RENUMBERS THE BILL. >>COUN. DAVIS: FIRST WE NEED A SECOND. SECOND FROM COUNCILOR BASSAN. WE'LL GO TO COUNCILORS. >>COUN. LEWIS: LET ME ASK MR. MORROW, BECAUSE WE'RE STRIKING SEVERAL THINGS. I JUST WANT TO MAKE SURE THIS IS REALLY GOING TO AFFECT THE COUNCIL'S DECISION TO OVERRIDE OR STAY ANY DECISION BY THE BOARD. DOES IT DO ANYTHING BEYOND THAT? >> COUNCILOR LEWIS, IT DOES NOT. IT JUST CLARIFIES THE CITY COUNCIL DOES NOT HAVE THE ABILITY TO STAY OR REJECT A RULE AS PROPOSED OR AS ADOPTED BY THE AIR QUALITY BOARD. THE LAST PROVISION IS GIVEN IT'S ELIMINATED THOSE TWO PROVISIONS IT ELIMINATES HOW SUCH CITY COUNCIL ACTION WILL BE APPEALED. >>COUN. LEWIS: MR. PRESIDENT, MR. MORROW, AND NUMBER THREE IS A CLEAN UP? >> NUMBER THREE IS HOW THEY APPEAL. THE ABILITY TO VETO OR STAY. THERE'S NO APPEAL NECESSARY. >>COUN. LEWIS: MR. PRESIDENT, COUNCILOR PEÑA, THIS IS -- THIS IS A BIG CHANGE. I'M NOT OPPOSED TO IT. JUST BECAUSE I SEE THE CONCERN THAT YOU ALL MIGHT HAVE. I THINK WE HAVE COME A LONG WAY AND MADE GOOD CHANGES. I THINK WE'VE DEALT WITH THE HEART OF SOME OF THE PROBLEMS AND CHALLENGES. AND I GUESS MY QUESTION FOR YOU IS DO YOU SUPPORT THIS BILL, DO YOU SUPPORT THE MORATORIUM ON THIS? I'M JUST SAYING, THIS IS SOMETHING WHERE YOU'RE LOOKING AT THIS SAYING IF THIS IS INCLUDED IN THIS BILL THEN I'M COMFORTABLE WITH IT TO VOTE WITH IT? >>COUN. PEÑA: I DON'T SEE SUPPORT THE BILL. I'M TRYING TO MAKE SOME CHANGES BECAUSE I FEEL LIKE IT'S GOING TO PASS. AND I FEEL LIKE YOUR MAKING SOME IMPORTANT CHANGES IN THE BILL. >>COUN. LEWIS: COUNCILOR PEÑA, DO YOU SUPPORT THIS BILL IF WE MADE THIS AMENDMENT? >>COUN. PEÑA: NO. >>COUN. DAVIS: OTHER COUNCILORS ON AMENDMENT FIVE? >>COUN. PEÑA: I URGE YOUR SUPPORT. >>COUN. DAVIS: PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: NO. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES ON AN 8-1. >>COUN. DAVIS: 8-1 THAT PASSES. COUNCILORS, WE'RE BACK ON THE BILL AS AMENDED. A COUPLE OF TIMES. OTHER DISCUSSION FROM COUNCIL BEFORE WE GO TO THE ORIGINAL SPONSOR? ANYTHING FROM THE ADMINISTRATION? CLOSE ON THE BILL. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: I'M SORRY, MR. PRESIDENT. CAN I GET A REMINDER OF THE FLOOR AMENDMENT THAT PASSED? WAS IT TWO AND FIVE? THREE AND FIVE? THANK YOU. >>COUN. DAVIS: NUMBER THREE IS THE BOARD COMPRISED OF MEMBERS BROADLY REPRESENT THE COMMUNITY. FIVE STRIKES THE APPEAL PROCESS. OVERSIGHT FROM THE COUNCIL. TO THE SPONSOR TO CLOSE. >>COUN. LEWIS: THANK YOU, MR. PRESIDENT. JUST A FEW THINGS. I DON'T BELIEVE -- THE ADMINISTRATION DIDN'T DISAGREE. IN FACT THE ADMINISTRATION, I APPRECIATE YOU SAYING YOU'RE OPPOSED TO THE CURRENT RULE AS WRITTEN. THAT'S BEFORE THE AIR QUALITY BOARD RIGHT NOW. YOU'RE OPPOSED TO IT. I BELIEVE THAT THE DEPARTMENT WOULD SAY THEY'RE OPPOSED TO IT, I THINK. THEY'RE NOT HERE TONIGHT. AGAIN, ON THIS -- I'M CONCERNED ABOUT THE FACT THAT THE HEEI HEARING, THE FACT THAT WE TALKED ABOUT WE HAVEN'T HAD THE HEARING. JUST THIS PROPOSAL ALONE, MY UNDERSTANDING, HAS COST THE CITY AN INCREDIBLE AMOUNT OF MONEY. THE DISCUSSION ON THE COUNTY, LOOK, IF WE'RE SO AFRAID OF WHAT THE COUNTY CAN DO AND SO CONCERNED ABOUT WORKING WITH THE COUNTY THAT WE CAN'T GO FIRST ON SOMETHING LIKE THIS WE SHOULD HAVE THE UNIFICATION TALKS AGAIN. LET'S JUST JOIN UP WITH THE COUNTY. DO IT TOGETHER. WE MADE THE COMMENT APOA BOARD -- THOSE COMMENTS WERE MADE THAT THERE'S NO PRECEDENCE FOR ANY KIND OF CHANGES LIKE THIS, IN FACT, THERE'S PRETTY INCREDIBLE PRECEDENCE FOR THAT. WE JUST CHANGED THE VETO POWER OF THE COUNCIL. OF COURSE, I STILL SUPPORT THE BILL. WITH THAT, THERE'S I GUESS A NOTION THAT SOMEHOW WE'RE QUESTIONING THE QUALIFICATION OF THE CURRENT MEMBERS. ABSOLUTELY NOT. I THINK WHAT WE'RE DOING IS THERE'S GOOD CRITERIA THAT WE WOULD LIKE THE BOARD TO BE MADE UP OF. GOOD CONVERSATION ABOUT WHAT THE STATE WIDE DO. AGAIN, JUST MAKING ASSUMPTIONS AND THE MAYOR COULD SPEED THAT UP. IF WE'RE AFRAID ABOUT THAT, THE MAYOR CAN SPEED IT UP. WE WROTE THIS IN SUCH A WAY WHERE WE MAKE A GOOD TACE TO TAKE THIS AWAY FROM US IF WE GOT A GOOD PLAN. TO CONTINUE WITH THIS BOARD AND SUPPORT IT AND MAKE IT EVEN BETTER. I SAID THE CLEAN CAR RULE IS OUT OF THE QUESTION WHETHER THIS MIGHT AFFECT THE MORATORIUM MIGHT AFFECT IT. WE DON'T KNOW THAT EITHER. THEY CAN POSTPONE THAT AND THAT CAN BE AFFECTED BY THIS IN THE SAME WAY. I'M CONCERNED THAT THE ENVIRONMENTAL HEALTH DEPARTMENT IS NOT HERE TONIGHT. PROBABLY ONE OF THE MOST IMPORTANT BILLS THAT THEY COULD EVER COMMENT ON. I DON'T THINK THEY WOULD NOT BE HERE IF THEY'RE TOLD THEY SHOULD BE HERE. I THINK THEY WOULD BE HERE. THAT'S CONCERNING. I THINK THE AIR BOARD MEETING IS OVER BY NOW. THIS IS A GOOD BILL. I THINK IT GOES A LONG WAY. GOOD CHANGES. I THINK THE ADMINISTRATION MADE THE CASE FOR THESE CHANGES FROM THEIR RESPONSE TO THEIR AIR QUALITY BOARD. CLEARLY MADE THE CASE FOR THE SUPPORT FOR THIS ORDINANCE. IN THAT LETTER TO THE AIR QUALITY BOARD. THOSE ARE THE CHANGES THIS MAKES. I URGE YOUR SUPPORT. >>COUN. DAVIS: SEEING NO OTHER DISCUSSION ON THE BILL. I'LL ASK THE CLERK TO PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: NO. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: NO. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: NO. >> THAT PASSES ON A 5-4 VOTE. >>COUN. DAVIS: THAT BILL PASSES. COUNCILOR LEWIS, YOU'RE NEXT. 176. ITEM G ON THE ORIGINAL AGENDA. >>COUN. LEWIS: MR. PRESIDENT, I MOVE R-176 ESTABLISHING A MORATORIUM. THE JOINT AIR QUALITY CONTROL ORDINANCE UNTIL FEBRUARY 1, 2024. I MOVE A DO PASS. >>COUN. DAVIS: IS THERE A SECOND. SECOND FROM COUNCILOR BASSAN. COUNCILOR LEWIS. >>COUN. LEWIS: I THINK A LOT OF DISCUSSION ON THIS. A LOT OF INPUT ON THIS. THE ADMINISTRATION EXPRESSED SOME DIRE CONCERNS REGARDING THIS BILL. AND, I'M SORRY, REGARDING THE HEEI BILL THAT'S BEFORE THE AIR QUALITY BOARD AND HOW IT WENT OUTSIDE THE PRE-TEST AND PROCESS AND EVERYTHING THEY SET UP AND A NUMBER OF THINGS THAT THE ADMINISTRATION HAD A HARD TIME. THE ADMINISTRATION AGREED THEY DON'T AGREE WITH THAT BILL. I THINK WE MADE THE CASE THAT CASE LAW IS IN PRETTY GOOD WARNINGS. THE FACT THIS AIR QUALITY CONTROL HAS THE PURVIEW AND AUTHORITY TO BE ABLE TO VOTE ON SOMETHING LIKE THIS ANYWAY. I THINK THAT'S PRETTY CLEAR. GOOD BILL. I THINK IT -- YOU KNOW, URGE YOUR SUPPORT. >>COUN. DAVIS: COUNCILORS -- DISCUSSION ON THE BILL. LET ME GO TO THE ADMINISTRATION AND SAY THE ADMINISTRATION HAS A POSITION ON THE RESOLUTION? MORATORIUM UNTIL FEBRUARY ON THESE MATTERS. >> IT'S THE SAME WE STATED EARLIER. THE MAYOR HAS SENT A LETTER AND WITH THE COMMISSION'S POINTS, AND THAT IS THAT STANDS FOR BOTH. >>COUN. DAVIS: QUESTIONS OR COMMENTS ON THE MATTER R-175? TO MY LEFT. TO MY RIGHT. LET ME SAY THIS. I SHARE -- LET ME SAY THIS. I DO UNDERSTAND THE ANXIETY AROUND THE POTENTIAL LARGE-SCALE CHANGE TO THE ECONOMIC DEVELOPMENT AND INDUSTRY IN GENERAL. WHATEVER THAT TERM MEANS, IN THE CITY, BECAUSE OF THE POTENTIAL IMPLICATIONS OF ADOPTING, IF THIS BOARD ADOPTS THE PROPOSAL AS PROPOSED. I REALLY DO. I'M WORRIED ABOUT THAT. I'M WORRIED THAT WE HAVE A BIG SOLAR PROJECT COMING TO MESA DEL SOL TO EMPLOY 3,000. AND I'M WORRIED THAT MIGHT NOT QUALIFY FOR THE AIR PERMITS THAT MIGHT BE REQUIRED IF THE RULE WAS ADOPTED AND IF IT WAS TAKEN TO THE END WITHOUT MODIFICATION. I DO THINK THERE ARE MEASURES BEING DISCUSSED THAT MIGHT MODIFY IT. WE HAVEN'T GOTTEN THERE YET. BUT I DON'T THINK -- THIS IS NOT AN ATTACK ON THE SPONSOR. I DON'T THINK THIS IS A WELL-CRAFTED BILL. I THINK IT WAS DESIGNED TO -- THE LANGUAGE AND THE WHEREAS, IT'S ALL BUT A VEILED PERSONAL ATTACK ON PERSONAL MEMBERS OF THE BOARD AND THE ATTORNEY AND OTHER PEOPLE. ALTHOUGH I MAY DISAGREE WITH SOME OF THE OPINIONS AND SOME OF THE PUBLIC STATEMENTS, WE PUT THEM ON THE BOARD TO MAKE THAT DECISION AND IF FOLKS DON'T -- I THINK THERE'S A WAY TO DEFINE WHAT NEEDED TO BE DONE. I THOUGHT A HEARING OFFICER WAS GOOD, SOME OF COUNCILOR PEÑA'S AMENDMENTS WERE GOOD. IF IT'S GOING TO PASS LET'S MAKE BETTER LEGISLATION. WE USED TO DO THAT. WE USED TO TRY TO HELP EACH OTHER AND AT LEAST MAKE IT BETTER. WE'VE STOPPED DOING THAT FOR SOME REASON. THIS IS A WHOLE SALE CHANGE OF HOW WE CHANGE THE REGULATION. WE SHOULD NOT DO THIS TWO WEEKS BEFORE THE HEARING. SOMEBODY SHOULD HAVE PAID ATTENTION EARLIER. THERE'S A PROCESS BY WHICH THE COUNTY OPENED THE DOOR TO HAVE A JOINT CONVERSATION OF HOW TO DO THIS. I THINK THE WAY THIS RESOLUTION WAS AND THE ORDINANCE WAS PRESENTED BASICALLY SAID WE'RE DOING THIS ON OUR OWN AND WE NEED NEED YOU AND WE'RE NOT GOING TO HEAR FROM YOU. INSTEAD OF CREATING A PROCESS THAT WE'VE DONE ON HOUSING AND HOMELESSNESS AND OTHER THINGS WE'VE MADE TRAUG PROGRESS. I THINK THIS IS THE WRONG APPROACH. EVERYBODY AGREES WE NEED TO LOOK AT THIS. THERE'S MORE CASE LAW AND INDUSTRY. ALL OF THESE THINGS THAT NEED TO BE CONSIDERED. AND CUMULATIVE IMPACT REALLY MATTERS. AND MOUNTAIN VIEW SHOW WAS US AND THE FAULT OF THE CURRENT WAY WE EVALUATE THE PERMITS. I DON'T THINK WE CAN MAKE A WHOLE SALE CHANGE OF THIS WITH ONE BILL IN TWO WEEKS IN THIS EMERGENCY KNEE JERK REACTION BECAUSE WE CREATED THIS CONFLICT. WE SHOULD CREATE LEGISLATION TO SOLVE THESE PROBLEMS IN CONCERT AND NOT IN CONFLICT WITH EACH OTHER. THIS IS THE WRONG APPROACH. I THINK THERE'S A GOOD APPROACH TO DOING THAT. AS IT IS, I CAN'T SUPPORT THIS BECAUSE IT'S BAD LEGISLATION. IT'S A BAD PROCESS. IT REEKS OF PERSONAL ANIMUS AND NOT GOOD GOOD GOVERNANCE. THE POINT IS TO BRING STAKEHOLDERS TOGETHER, BUT THERE'S NO EVIDENCE THAT PEOPLE WHO SUPPORTED THE ORDINANCE AND THE AMENDMENT ENGAGED ANYBODY BUT THE OPPONENTS OF THAT PETITION. I THINK WE NEED TO TAKE A PAUSE AND LOOK AT HOW WE EVALUATE THE PERMIT AND HOW WE EVALUATE CUMULATIVE IMPACT. I THINK WE NEED TO FIGURE OUT HOW TO BALANCE TO BE SURE PEOPLE DON'T LOSE THEIR JOBS WHILE WE FIGURE THAT OUT AND PUT REAL STANDARDS ON THAT AND PUT A LONG-TERM PLAN TOGETHER. I DON'T THINK IT'S THAT LONG. I THINK WE CAN DO THAT. I THINK THERE'S IMPORTANT CONVERSATIONS. I DON'T THINK WE NEED TO DO THIS FROM HERE BY OURSELVES. WE SHOULD HAVE DONE THIS IN A DIFFERENT ROUTE. FOR THAT REASON I CAN'T SUPPORT THIS. I THINK YOU HAVE TO LET THE PROCESS GO FORWARD. AND SEE WHAT THEY DO. AND LET STAKEHOLDERS EXERCISE THEIR OPTIONS WITH THAT BOARD AND WITH THE APPEALS PROCESS AS ESTABLISHED BECAUSE WE HAVEN'T CREATED A BETTER PROCESS. WE CREATED A WORSE ONE. I DON'T THINK THE COUNTY WILL DOPT THIS STUFF BY FEBRUARY BECAUSE WE TOLD THEM TO. I THINK WE CREATED A BIGGER MESS. FOR THAT REASON I CAN'T SUPPORT THE RESOLUTION. I DON'T THINK THAT THE UNDERLYING PROCESS THAT IS DESIGNED TO ALLOW FOR IT IS NOT CLOSE TO WHERE IT NEEDS TO BE. IN MY OPINION IT'S WORSE -- IN A WORSE POSITION THAN STARTED. I OPPOSE THE RESOLUTION. >>COUN. LEWIS: THANK YOU, MR. PRESIDENT. >>COUN. PEÑA: ANYWAY, I APOLOGIZE. AN AMENDMENT. IF I CAN ASK THE STAFF. WHAT ARE THE IMPLICATIONS OF THIS MORATORIUM? WHAT HAPPENS IF WE PASS THIS? >> COUNCIL PRESIDENT, COUNCILOR PEÑA, THE MORATORIUM AS WRITTEN EMPHASIZES CASE LAW. WHAT ARE THE BOUNDARIES OF WHAT THE AIR QUALITY CONTROL BOARD DOES. THAT'S SECTION ONE. THAT DOESN'T CHANGE ANYTHING. IT MORE EMPHASIZES WHAT IS THE CURRENT STATE OF THE LAW. SECTION TWO, HOWEVER, DOES SAY THE CITY SHALL USE RESOURCES TO FACILITATE ACTIONS BY THE BOARD AND AS MENTIONED PREVIOUSLY THE BOARD IS STAFFED BY CITY EMPLOYEES AND ACCORDINGLY BY NOT PROVIDING THOSE RESOURCES IT WOULD BE AN IMPEDIMENT HAVING ANY PARTICULAR MEANING RELATING TO SPECIFICALLY REGULATIONS OR STANDARDS ADDRESSING KWAUMENT QUALITY OF LIFE IMPACTS. >> IF I MAY ALSO SPEAK TO THIS. I'M NOT QUITE CLEAR ON WHAT THIS RESOLUTION DOES. I JUST WANT TO ASK THAT. I REALLY ASK THE QUESTION BECAUSE TO MAKE IT CLEAR AS I'M SITTING HERE AS AN ATTORNEY TRYING TO INTERPRET IT, I'M NOT SURE WHAT IT'S INTENDED TO ACCOMPLISH. THERE'S ALREADY RESTRICTION ESTABLISHED IN CASE LAW. THIS RESOLUTION JUST REPEATS THE RESTRICTION BUT THEN SAYS IT ONLY APPLIES UNTIL FEBRUARY 1, 2024. BUT THE RESTRICTION EXISTS IN CASE LAW BEFORE THAT DATE AND AFTER THE DATE. I'M NOT SURE HOW EHD WOULD IMPLEMENT THE SPENDING PART TO DECIDE WHEN IT'S SPENDING MONEY ON SOMETHING THAT WOULD -- I DON'T WANT TO TRY TO READ ALL OF THESE WORDS I'M GOING TO SAY THEM WRONG. MAYBE I'M ANSWERING MY OWN QUESTION. THE FUNCTIONAL DIFFERENCE IS THEY CAN WITHDRAW ITS SUPPORT. I WAS HOPING FOR CLARIFICATION ON THAT. SO IN THE FUTURE IF THIS PASSES AND I HAVE TO ENFORCE IT. >>COUN. DAVIS: IT'S COUNCILOR PEÑA'S FLOOR STILL. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. THANK YOU, LAUREN. I WASN'T SURE WHAT IT DID. I READ IT AND READ IT AND I'M JUST NOT SURE WHAT IT ACCOMPLISHED. BECAUSE IT SOUNDED LIKE IT IS PART OF WHAT WE'RE ALREADY DOING WITH IT. I DID HAVE THAT AMENDMENT JUST IN CASE IT PASSES. IT'S REALLY ABOUT -- I WAS GOING TO PUT IT IN THE OTHER ORDINANCE. I FORGOT TO ADD IT WHILE I WAS SHUFFLING THROUGH MY PAPERS. IF YOU CAN READ THAT. I DON'T THINK YOU A COPY OF THAT. >>COUN. DAVIS: MR. PADILLA, IS THAT YOU? >> COUNCILORS, THE AMENDMENT AS PROPOSED WOULD INSERT A SECTION THREE INTO A RESOLUTION. WHICH STATES THE CITY IS DIRECTED TO COLLABORATE WITH BERNALILLO COUNTY TO ADDRESS DIFFERENCES IN CITY AND COUNTY AIR QUALITY POLICIES. >>COUN. DAVIS: IS THAT AN AMENDMENT? >>COUN. DAVIS: I'LL SECOND. WE'LL GO TO COUNCILOR LEWIS. >>COUN. LEWIS: COUNCILOR PEÑA, MOVED THAT AND COUNCILOR DAVIS SECONDED. WOULD YOU VOTE ON THIS BILL IF THIS AMENDMENT PASSES? >>COUN. PEÑA: MR. PRESIDENT, COUNCILOR LEWIS, I DON'T THINK I HAVE TO ANSWER THAT QUESTION. I'LL VOTE WHEN I VOTE. I'LL TELL YOU THAT I WON'T. I'VE BEEN VERY CLEAR ABOUT THIS SINCE THE BEGINNING THAT -- ON THIS ONE I COULDN'T SEE WHAT IT ACTUALLY DID. >>COUN. LEWIS: THANK YOU, MR. PRESIDENT. LOOK, THERE'S STATEMENTS MADE ABOUT BACK IN THE DAY WE WOULD ALL TAKE EACH OTHER'S SUGGESTIONS AND AGREEING WITH IT. I AM. I AGREE WITH THIS. IT DIDN'T CHANGE THE FACT THAT YOU GUYS ARE VOTING AGAINST IT. IT'S FINE. THANKS FOR SAYING THAT. THANKS FOR ADMITTING IT. THAT'S WORKING TOGETHER. I THINK, SURE, ON THE AMENDMENT. >>COUN. DAVIS: ANY DISCUSSION ON THE AMENDMENT? COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, CAN WE HEAR IT? I HAVEN'T SEEN IT AT ALL. >> COUNCIL PRESIDENT, COUNCILOR BASSAN, THE AMENDMENT READS BY ADDING A SECTION THREE AND IT READS THE CITY IS DIRECTED TO COLLABORATE WITH BERNALILLO COUNTY TO ADDRESS ANY DIFFERENCES IN CITY AND COUNTY AIR QUALITY POLICY. >>COUN. DAVIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: I'M SORRY, WHAT WAS THE LAST WORD? >> IT WAS POLICIES. >>COUN. FIEBELKORN: THANK YOU. OKAY. MR. PRESIDENT, I WILL LET THAT STAND. >>COUN. DAVIS: ON THE AMENDMENT, ANY OTHER QUESTIONS? COUNCILOR PEÑA TO CLOSE. >>COUN. PEÑA: URGE YOUR SUPPORT. >>COUN. DAVIS: AMENDMENT NUMBER ONE TO R-176. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: ANYTHING ELSE, COUNCILOR PEÑA? COUNCILOR LEWIS BACK ON THE BILL. >>COUN. LEWIS: THANK YOU, MR. PRESIDENT. I THINK THE CITY ATTORNEY HAD SOME QUESTIONS. MAYBE YOU ANSWERED YOUR OWN QUESTION. YOU SAID THAT WE -- WHAT IS ONE REASON WHY THE BOARD SHOULD NOT BE HAVING A HEARING ON THIS. WELL, BECAUSE THERE'S CASE LAW THAT SAYS THEY SHOULDN'T. THERE YOU GO. VERY CLEAR. THIS IS WRITTEN SO DIRECT AND SO CLEAR. I THINK IT SAYS YOU CAN'T DO THIS. YOU'RE NOT SUPPOSED TO AND YOU CAN'T DO IT. RIGHT NOW, WITHOUT THIS BILL ARE THEY GOING TO? THEY'RE GOING TO. THEY'RE NOT LISTENING TO CASE LAW. OBVIOUSLY THAT HASN'T MATTERED TO THEM. BUT THIS WILL. SECONDLY, THE SPENDING ON IT. AGAIN, MAKING A CASE, WHY SHOULD THE DEPARTMENT NOT BE ABLE TO SPEND ANY MONEY ON THIS? WELL, I THINK THE DEPARTMENT'S RULES SAY YOU CAN'T SPEND MONEY ON THIS. SPECIFICALLY, THIS IS -- THE REGULATIONS ALLOW THE FUPD -- FUND EXCEPT FOR AIR QUALITY ISSUES. THE DEPARTMENT'S OWN RESTRICTIONS ON WHAT THEY CAN SPEND THIS MONEY ON ACTUALLY LIMITS THEM FROM SPENDING IT ON THIS BILL. ON DOING THIS. HOW DO YOU ENACT THIS? YOU DON'T SPEND ANY MONEY OR RESOURCES ON A BILL YOU'RE NOT ALLOWED TO ANYWAY. I THINK IT'S PRETTY CLEAR. >>COUN. DAVIS: IS THAT A CLOSE? >>COUN. LEWIS: NO. A COUPLE OF THINGS. I'M CONCERNED ABOUT A FEW THINGS AND I'LL CLOSE. THE GOVERNOR AND THE MAYOR ARE REALLY CHAMPIONING MAXEON. WHAT AN INCREDIBLE OPPORTUNITY WITH JOBS COMING INTO THE CITY. I THINK IT'S CLEAR FROM THEM HAVING TO GET AN AIR PERMIT THAT THE ADMINISTRATION DISAGREES WITH. WE'RE PUTTING A MAJOR NEW JOB, POTENTIALLY, IN THE CITY AT AN INCREDIBLE RISK OF THEM BEING ABLE TO FOLLOW THROUGH AND BUILD AND DO WHAT THEY NEED TO DO O -- TO CREATE THE JOBS. IF THE MAYOR WERE TO VETO THIS HE WOULD HAVE TO DO THIS KNOWING THAT HE'S PUTTING IN EXTREME DANGER THIS POTENTIAL FOR A LOT OF NEW JOBS COMING INTO THE CITY. I THINK IT'S THE SAME AS KIRTLAND AIR FORCE BASE. IT'S MENTIONED THAT BACK AT THE TIME WHEN THE FEDERAL GOVERNMENT WAS LOOKING AT CUTS TO THE AIR FORCE AND TO THE BASES, AND ONE OF THE CRITERIA WAS ARE THESE BASES COMPLAINT WITH THE CURRENT AIR QUALITY BOARD IN THE LOCAL REGIONS. WE COULD POTENTIALLY BE PUTTING KIRTLAND AIR FORCE BASE OUT OF COMPLIANCE IMMEDIATELY IF WE ALLOW THIS BOARD TO VOTE ON THIS AND APPROVE IT. AGAIN, THE MAYOR WANTS TO VETO THIS FINE. HE'S GOING TO DO THIS HAVING TO KNOW HE'S PUTTING ONE OF THE LARGEST EMPLOYERS IN THE STATE AT RISK OF BEING NON-COMPLAINT IMMEDIATELY. I HOPE THAT NEVER COMES UP AGAIN. I'M SURE IT WILL. IF WE'RE ON THE CHOPPING BLOCK AT SOME POINT. SAYING YOU'RE NOT COMPLAINT WITH THE PERMITTING REGULATIONS AND THAT PUTS US IN DANGER. GOING ON AND ON. WE HEARD FROM UNM. IT SAID THAT WE'RE VERY CONCERNED ABOUT OUR CURRENT BUILDINGS AND STUFF WE WANT TO BUILD IF IT'S GOING TO BE ABLE TO COMPLY WITH THAT. THAT WAS CLEAR. I THINK THAT WAS EMAILED TO MUCHES WE CAN GO ON AND ON. I URGE YOUR SUPPORT. I THINK IT'S WELL WRITTEN AND CLEAR. WE MAKE NO BONES ABOUT WHAT IT DOES. IT DOES WHAT IT DOES. AND GAVE VERY GOOD REASONS FOR IT. I THINK THE STAKES ARE INCREDIBLY HIGH. I URGE YOUR SUPPORT. >>COUN. DAVIS: NO OTHER DISCUSSION ON THE R-176. >>COUN. BASSAN: YES. >>COUN. BENTON: NO. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: NO. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: NO. >> THAT PASSES ON A 5-4 VOTE. >>COUN. DAVIS: WE DID TWO THINGS. GOING BACK TO FINAL ACTIONS. THE ORIGINAL ITEM A. COUNCILOR PEÑA. O-87. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. O-87 IS DIRECTING THE TAX REVENUE GENERATED BY LEGAL RECREATIONAL MARIJUANA SALES TO A PERMANENT MARIJUANA EQUITY AND COMMUNITY FLEVESTMENT FUND FOR THE BENEFIT, HEALTH, SAFETY AND WELFARE FOR QUALITY OF LIFE THOSE IMPACTED BY THE CRIMINALIZATION OF MARIJUANA. I HAVE A COUPLE OF FLOOR AMENDMENTS. >>COUN. DAVIS: SECOND FROM COUNCILOR FIEBELKORN. COUNCILOR PEÑA. >>COUN. PEÑA: AMENDMENT NUMBER ONE WOULD BE -- I DON'T KNOW IF I NEED TO READ IT. I'LL READ THE EXPLANATION. IT CLARIFIES THE NEWLY CREATED MARIJUANA COMMUNITY REINVESTMENT FUND WILL BE HOUSED IN THE CITY DEPARTMENT OF FINANCE AND ADMINISTRATION WITH THE OFFICE OF EQUITY AND COORDINATING THE PROGRAM AND THE FUND IT'S INTENDED FOR. THIS AMENDMENT HAS A TECHNICAL CLEAN UP MADING IT THE MARIJUANA REINVESTMENT FUND. I MOVE A DO PASS. >>COUN. DAVIS: SECOND FROM COUNCILOR FIEBELKORN ON THE AMENDMENT NUMBER ONE. I'M SORRY, I'M TRYING TO FIND IT IN MY STACK OF PAPERS. ANY OTHER DISCUSSION? SEEING NONE. PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: COUNCILOR PEÑA, NUMBER TWO. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. FLOOR AMENDMENT NUMBER TWO IS EXPLANATION IS THIS AMENDMENT REMOVES THE WORD FAILS FROM THE BILL. CLARIFYING THE REVENUE IS FROM THE MARIJUANA EXCISE TAX. >>COUN. DAVIS: I'LL SECOND. ANY DISCUSSION? COUNCILOR PEÑA TO CLOSE. >>COUN. PEÑA: URGE YOUR SUPPORT. >>COUN. DAVIS: I'M SORRY. LET'S GET THROUGH OUR AMENDMENTS AND REMIND ME OF SPEAKERS. CALL THE VOTE ON AMENDMENT NUMBER TWO. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: IF IT PLEASES THE SPONSOR, WE HAVE THREE SIGNED UP. >>COUN. PEÑA: PERFECT. >> THANK YOU, MR. PRESIDENT. WE HAVE ANDREA FOLLOWED BY SASHANA ON ZOOM. >>COUN. DAVIS: WELCOME. THANKS FOR HANGING OUT WITH US ALL NIGHT. WELCOME BACK. >> CAME TO TALK ABOUT NEEDING TO DEFINE AN OVERBURDENED COMMUNITY. BEING REALLY CLEAR ABOUT WHERE WHAT GEOGRAPHY OR WHAT REQUIREMENTS NEED TO BE MET FOR THE REINVESTMENT FUND TO BE ALLOCATED. WHETHER IT'S SPECIFIC GEOGRAPHY, POVERTY OR THOSE IMPACTED BY INCARCERATION RATE. A LOT OF DIFFERENT STATES HAVE DONE THIS. MASSACHUSETTS CANNABIS CONTROL, SAN FRANCISCO DID A STUDY FROM 1990 TO 2016. L.A. HAS A TIERED ELIGIBILITY REQUIREMENT FOR AN EQUITY APPLICANT. THERE'S NO LANGUAGE TO SPECIFY THAT EITHER STUDY TAKES PLACE FOR DISPROPORTIONATE COMMUNITY TO BE IDENTIFIED OR THEY RECEIVE MORE FUNDING NECESSARILY THAN OTHER COMMUNITIES THAT HAVE BEEN IMPACTED OR TO THE DEGREE THEY'RE IMPACTED. I'M ENCOURAGING A LITTLE BIT MORE CLARIFICATION ON THAT LANGUAGE. IF I CAN SAY ONE MORE THING, YOU KNOW, I ATTEND COUNCIL A LOT. I TRY TO GET INVOLVED AND MEET WITH SOME OF YOU INDIVIDUALLY. OBVIOUSLY, I'M A BIG SUPPORTER OF THE DEMOCRATIC PROCESS. I'M JUST EXTREMELY DISAPPOINTED AT THE LACK OF TRANSPARENCY WITH AMENDMENTS. THERE IS NO VISIBILITY ON THE PUBLIC'S END FOR ANY OF THE AMENDMENTS THAT CAME FROM THE PREVIOUS BILLS OR ANY OF THE BILLS STLAT BEEN HEARD TONIGHT. EVEN FOR THIS ONE. I SHOULD NOT BE HEARING OR SEEING LANGUAGE FOR A BILL IN AN APPROPRIATELY DEMOCRATIC SPACE AT 10:50 AT NIGHT. THAT'S RIDICULOUS. I DON'T MIND BEING HERE. I JUST WANT TO SEE AMENDMENTS. I ENCOURAGE YOU TO PLEASE CHANGE THAT. THANK YOU. >> UP NEXT IS SOSHANA. >> I APPLAUD THE WORK -- [ INAUDIBLE ] -- TO SUBSECTION AND ONE ADDITIONAL PIECE BE ADDED FOR THE FINAL VERSION. I WANT TO THANK THE COUNCIL FOR INCLUSION OF SUBSECTION C1B THAT PROVIDES PROGRAMMING RELATED FOR PEOPLE RE-ENTERING THE SOCIETY. AND SECTION ONE THAT PROVIDES SUPPLEMENTAL INCOME PROGRAMS THAT CAN HELP PEOPLE GET BASIC NEEDS MET BETWEEN TIME OF RELEASE AND WHEN THEY'RE ABLE TO OBTAIN MEANINGFUL EMPLOYMENT. THE REVISIONS ARE CHANGE AND SUPPORTIVE AFTER CARE TO THE DEVELOPMENT OF AFFORDABLE HOUSING. AND TWO RELATED TO THAT CHANGE ADD LANGUAGE ALLOWING FOR THE ISSUANCE OF MARIJUANA BONDS FOR AFFORDABLE HOUSING. THESE CHANGES WOULD BROADEN THE MEANS BY WHICH HOUSING INCLUSION CAN FINANCE BY THE CITY OR PRIVATE DEVELOPERS AND INCREASE THE CITY'S CAPACITY TO FUND HOUSING FOR THOSE MOST NEED. MINNESOTA -- >>COUN. DAVIS: THANK YOU. I HAVE TO CUT YOU OFF -R WE HAVE THE RULES TO FOLLOW. THANK YOU. >> THAT IS OUR FINAL SPEAKER ON THIS ITEM. >>COUN. DAVIS: THANK YOU. COUNCILOR PEÑA BACK ON THE BILL. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I THINK EVERYBODY HAD AN OPPORTUNITY TO LOOK AT IT. WE JUST DID THOSE COUPLE OF AMENDMENTS AT THE URGING OF SOME COUNCILORS THAT HAD CONCERNS OF IT GOING TO SPECIFICALLY FOR DEPARTMENTS. YOU KNOW, JUST WANT TO SAY SOME OF THE COMMENTERS ABOUT SOME OF THE AMENDMENTS WE PUT FORWARD, THOSE ARE THE RULES WE CAN MAKE AN AMENDMENT -- >>COUN. DAVIS: LET COUNCILOR PEÑA FINISH. >>COUN. PEÑA: PART OF THE RULES ALLOW AMENDMENTS UP UNTIL THE LAST MINUTE. IT'S NOT NECESSARILY DURING THE BUDGET PROCESS. BUT DURING THIS PROCESS. IT REALLY GIVES US AN OPPORTUNITY TO ADDRESS SOME OF THE ISSUES THAT WE AS THEY ARISE THROUGH THE EVENING. AND I JUST WANTED TO SAY, FIRST OF ALL THERE WAS THE COMMITTEE -- BECAUSE I'M SO TIRED I DON'T REMEMBER -- I WANT TO ACKNOWLEDGE THEM. MR. PADILLA, THERE WAS A COMMITTEE THAT WORKED HARD TO PUT THESE FORWARD. DO YOU KNOW OFF THE TOP OF YOUR HEAD? I APOLOGIZE TO THEM FOR NOT -- BECAUSE THEY DID ALL THE HARD WORK TOO. >> COUNCIL PRESIDENT, COUNCILOR PEÑA, I DON'T REMEMBER THAT NAME. >>COUN. DAVIS: CANNABIS EQUITY WORKING GROUP. >>COUN. PEÑA: YES. THANK YOU FOR THE HARD WORK AND FOR THE ADMINISTRATION FOR THEIR HELP AND THANKING OUR STAFF FOR THE ALL THE WORK THEY PUT INTO IT. I JUST THINK IT'S IMPORTANT. IT'S REALLY TARGETING THE MONEY AND PUTTING IT IN A PLACE SO IT DOESN'T GET ABSORBED IN THE ENTIRE BUDGET AND IT'S FOCUSED ON COMMUNITIES THAT HAVE BEEN NEGATIVELY IMPACTED BY THE CRIMINALIZATION OF MARIJUANA. >>COUN. DAVIS: YOU HAVE ONE MORE SPEAKER? I KNOW WE HAVE THREE. WE FOUND THE THIRD? >> I DID. THANK YOU, MR. PRESIDENT. WE HAVE ROSALIE. PLEASE PROCEED. >> YES. THERE WE GO. THANK YOU. HI. COUNCILOR DAVIS, COUNCIL, I WAS ON THE CANNABIS WORKING GROUP. AND EQUITY CONSULTANT. I'M IN SUPPORT OF THIS BILL. I GREW UP IN THE 90s IN THE DISPROPORTIONATEALLY IMPACTED AREA. IT WAS UNDERFUNDED AND OVERPOLICED. IT WAS A ROUGH EXPERIENCE. WE WERE CRIMINALIZED IN INSTEAD OF CARED FOR. AND WE WEREN'T DELINQUENTS. WE JUST CAME FROM SINGLE PARENT HOUSEHOLDS. AND MANY OF OUR COMMUNITIES SOLD MARIJUANA IN ORDER TO HELP OUR HOMES AND NOW WE'RE BENEFITTING FROM LEGALIZATION. I SUPPORT THE BILL TO REBUILD THE COMMUNITIES. CANNABIS IS THE PERFECT FUNDING MECHANISM FOR IT. FUNDING IN ALBUQUERQUE SHOULD BE PUT TOWARD THE ROOT CAUSES OF CRIME AND NOT TOWARD POLICE AND INSTITUTIONS THAT PERPETUATE FURTHER PROBLEMS. IT ACKNOWLEDGING THE HARM THAT WAS DONE. ALBUQUERQUE SHOULD TAKE THE LEAD ON THIS SO THE STATE CAN FOLLOW. PLEASE SUPPORT AND VOTE YES FOR THIS ORDINANCE. >>COUN. DAVIS: THANK YOU. I APPRECIATE YOU TAKING ON THIS. I KNOW THE EQUITY WORKING GROUP TOOK A LITTLE WHILE TO SORT THROUGH THE CITY PROCESS. I APPRECIATE THEM ADVOCATING FOR THEIR WORK AND RECOMMENDATIONS. I WANT TO SAY THIS IS WHAT WE ENVISIONED WHEN WE WROTE THE STATE BILL BACK IN 2019 AND 2020. THE STATE WIDE DO THIS. SOMETHING LIKE THIS. AND IT'S IMPORTANT THIS REINVESTMENT HAPPENS. BECAUSE THERE ARE COMMUNITIES THAT LACK ACCESS TO AFFORDABLE HOUSING BECAUSE OF CRIMINAL CONVICTIONS FOR SOMETHING THAT IS NOT A CRIME. WE'VE HAD CONVERSATIONS TODAY ABOUT PEOPLE ARE HOMELESS USING DRUGS AND SMOKING MARIJUANA IN PUBLIC. WE'RE TRYING TO DO A BETTER JOB OF REINVESTING. I WANT THE CITY TO LEAD. I APPRECIATE EVERYPLACE IS WORKING TOWARD THIS. IT'S BETWEEN EIGHT AND TEN MILLION DOLLARS A YEAR FOR THE CITY OF ALBUQUERQUE. THAT'S A DECENT CHUNK OF MONEY IF YOU PUT IT TOWARD SOMETHING IMPORTANT. I HOPE IT MOVES THE NEEDLE. I THANK THE SPONSOR FOR DOING THIS. THANK YOU FOR THAT. OTHER COUNCILORS. ANYTHING FROM THE ADMINISTRATION? >> PRESIDENT DAVIS, THE ADMINISTRATION SUPPORTS THIS AS AMENDED AND APPRECIATE THE WORK THAT WENT INTO THIS AND PROVIDES AN OPPORTUNITY TO PLAN THE PROGRAM TO WORK WITH THE COMMUNITY. APPRECIATE THE AMENDMENTS AND THE WORK PUT IN. THANK YOU. >>COUN. GROUT: I HAVE A QUESTION. THIS BILL SAYS THE MONEY SHALL BE USED FOR PROGRAMS LIKE DRUG EDUCATION AND AWARENESS AND PREVENTION PROGRAMS AND FOR YOUTH SUBSTANCE ABUSE AND PROGRAMS FOR PEOPLE RE-ENTERING SOCIETY. ARE THESE PROGRAMS ALREADY ADMINISTERED IN YOUTH AND FAMILY DEPARTMENTS? OR HOMELESSNESS AND HOUSING DEPARTMENTS? >> PRESIDENT DAVIS, COUNCILOR GROUT, I BELIEVE THE LANGUAGE THAT IS IN THIS IS SPECIFICALLY DIRECTING US TO BE FOCUSED IN SUPPORT OF THIS LEGISLATION. I CAN'T SPEAK TO WHAT SPECIFIC PROGRAMMING OCCURS TODAY. WHAT WE INTEND TO DO IS DEVELOP THE PROGRAM WITH THE COMMUNITY AS WE MOVE FORWARD OUTLINED IN THIS LEGISLATION. >>COUN. GROUT: ALSO, IT HAS MONEY TO BE USED FOR JOB TRAINING, WORKFORCE DEVELOPMENT AND TECHNICAL ASSISTANCE FOR SMALL MARIJUANA BUSINESS OWNERS. AREN'T THESE PROGRAMS ALREADY ADMINISTERED BY THE ECONOMIC DEVELOPMENT DEPARTMENT? >> LET ME DEFER TO SOMEONE IN THE AUDIENCE, IF THEY'RE STILL HERE. OUR ECONOMIC DEVELOPMENT DEPARTMENT ISN'T HERE. >> COUNCIL PRESIDENT, COUNCILOR GROUT, WHAT WE WANT TO DO IS WE HAVE CURRENT PROGRAMS FROM OUR ECONOMIC DEVELOPMENT THAT DON'T INCLUDE -- THEY MAY INCLUDE PARTIAL LISTS BUT WITH EXTRA FUNDING WE WANT TO ESH PAND THOSE. THAT GOES BACK T TALKING ABOUT WHAT WE'RE DOING WITH HHH DEPARTMENT AND YFF. WE WANT TO EXPAND ON THOSE THROUGH THE OFFICE OF EQUITY AND INCLUSION. >>COUN. GROUT: THANK YOU, DIRECTOR OR DEPUTY DIRECTOR. THANK YOU, MR. PRESIDENT. I KNOW A FEW PEOPLE THAT 40 YEARS AGO THEY GOT BUSTED FOR SELLING DRUGS. THEY DIDN'T GO TO JAIL, BUT THEY TOOK A RIGHT TURN BECAUSE THEY COULDN'T GO INTO THE AIR FORCE BECAUSE THERE'S A QUESTION ON THE APPLICATION THAT SAID HAVE YOU EVER GOTTEN CAUGHT SELLING DRUGS. THEY TOOK A RIGHT TURN. THOSE PEOPLE -- HOW WOULD THEY GET TO BE INVOLVED IN THIS? I THINK THAT -- DOES IT JUST HAVE TO BE FOR PEOPLE INCARCERATED? HOW DO THEY LET YOU KNOW THEY NEED HELP? >> COUNCIL PRESIDENT, COUNCILOR GROUT, I THINK THAT'S MORE OF A LEGAL QUESTION AS FAR AS EXPUNGING PEOPLE'S RECORD. WHETHER IT THROUGH MISDEMEANOR OR FINALLY. THAT WOULD FIGURE OUT IF THE STATE DOES THAT OR WE DO THAT. THAT'S NOT IN MY PURVIEW BUT IT'S MORE OF A LEGAL MATTER. >>COUN. GROUT: HOW COULD THEY GET HELP WITH THIS? HOW WOULD THAT WORK? >> COUNCILOR DAVIS, COUNCILOR GROUT, I THINK THIS IS JUST ENABLING LEGISLATION AND THE DETAILS WOULD BE WORKED OUT LATER INCLUDING THOSE QUESTIONS OF WHO IT WOULD APPLY TO AND HOW THEY GET BENEFIT FROM THESE PROGRAMS. I THINK GENERALLY THE WAY WE DO THIS IS THE INITIAL LEGISLATION CREATES THE FUNDING STRAIN AND IDENTIFIES BROADLY THE PROGRAM AND LATER WILL IN THOSE DETAILS. >>COUN. GROUT: THANK YOU. THANK YOU FOR THE CLARIFICATION. I'M CONCERNED THAT SOMETIMES WE FOCUS ON ONE DEMOGRAPHIC OR -- IT'S BROADER THAN THAT. WE NEED TO BE INCLUSIVE OF LOT OF PEOPLE. THAT'S MY CONCERN. THANK YOU. >>COUN. DAVIS: OTHER COUNCILORS? COUNCILOR PEÑA TO CLOSE. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I WAS GOING TO ANSWER TO SAY THIS IS JUST LEGISLATION THAT ESTABLISHES THE FUND AND WHERE IT'S GOING TO BE AT AND WHERE IT'S HOUSED. YEAH, WE'LL HAVE SOME PROGRAMS. IT'S REALLY NOT FOCUSED ON A CERTAIN POPULATION. IT'S ABOUT ANYBODY WHO HAS NEGATIVELY IMPACTED BY THE CRIMINALIZATION OF MARIJUANA. IF YOU HAVE SOMEONE WHO -- WHATEVER COLOR THEY ARE, HAS A RECORD BECAUSE OF SALE OF MARIJUANA THEY CAN REALLY LOOK FOR TECHNICAL ASSISTANCE IF THEY STARTED A BUSINESS LATER THEY CAN TRY TO GET TECHNICAL ASSISTANCE. SOME OF THE PROGRAMS WE HAVE IN HERE, SOME OF THEM ARE THINGS WE DON'T DO. THERE'S THINGS WE HAVE TO ESTABLISH LIKE I TALKED TO A LOT OF PEOPLE THAT RECOVERING AND ONE OF THE THINGS WE PUT IN HERE THAT WE DON'T DO IS RECOVERY HOUSING AND SUPPORTIVE AFTER-CARE. THESE ARE PROGRAMS THAT WILL BE FOR ALL OF OUR CITIZENS. WHATEVER COLOR THEY ARE, THEY WOULD BE ELIGIBLE FOR THIS. IF THEY HAVE BEEN NEGATIVELY IMPACTED IN THE PAST. I URGE YOUR SUPPORT. ONE FINAL THING IS TO SAY THAT TALKING WITH THE ADMINISTRATION AND TALKING WITH OTHERS, IT WAS REALLY IMPORTANT FOR ME BECAUSE WE USE THE WORD CANNABIS MARIJUANA TO DESCRIBE IT, I THINK IT'S IMPORTANT TO USE THE WORD MARIJUANA BECAUSE WHEN WE WERE -- WHEN IT WAS CRIMINALIZED AND WE DID GO TO JAIL, IT WAS MARIJUANA. AND NOW IT BECAME THIS THING THAT'S LEGAL, WE CAME UP WITH THIS -- NOW WE USE THIS TERM CANNABIS. I JUST THINK IF THIS BILL IS GOING TO MEET WHAT IT'S INTENDED TO DO, I THINK WE NEED TO USE THAT WORD. THAPGZ THANKS TO THE ADMINISTRATION FOR AGREEING ON THAT. THANK YOU, ALL. I APPRECIATE IT. THANKS FOR THE CITY COUNCIL STAFF. >>COUN. DAVIS: I'M SORRY. SEEING NO OTHER DISCUSSION. WE'LL ASK THE CLERK TO CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: NO. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES ON AN 8-1 VOTE. >>COUN. DAVIS: NEXT UP, O-89. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS O-89. AMENDING THE TRANSIT SYSTEM ORDINANCE CREATING A ZERO FARE STRUCTURE. MOVE A DO PASS. >>COUN. DAVIS: I'LL SECOND. IF IT PLEASES THE SPONSORS, WE HAVE A NUMBER OF -- I DON'T KNOW HOW MANY HUNG OUT. WE HAVE A NUMBER OF PUBLIC SPEAKERS REMAINING. DO YOU MIND IF WE TAKE THOSE FIRST? WOULD YOU TAKE US DOWN THE LIST OF THOSE STILL PRESENT. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS ALTHEA FOLLOWED BY LAURA. >>COUN. DAVIS: IT'S A PLEASURE TO SEE YOU IN PERSON. >> I KNOW. I HAD A BABY. >>COUN. DAVIS: HE'S BEAUTIFUL. >> COUNCILOR DAVIS, COUNCILORS, IF YOU HAVEN'T READ O-22-47 PAST PROGRAM REPORT PLEASE TURN TO PAGE EIGHT, THERE'S A PROAND CON CHART THAT EXPLAINS IT BETTER THAN I CAN. FOR THE REST OF YOU, IT'S ONLY FAIR TO TAKE A CLOSE LOOK AT THE ORDINANCE LAID ON YOUR DESK. TO MAKE A DECISION SO CONTRARY YOU HAVE IS GROTESQUE. THE DATA COULDN'T BE CLEARER. WE CAN LEAVE FARES IN THE MIRROR. WHEN YOU THINK OF THE RIDERS AND WITH HARDLY A DOLLAR TOSPARE IT'S FAIR. WHEN YOU THINK OF OUR AIR, WHEN YOU THINK OF THE TRAFFIC AND ACCIDENTS GRAPHIC, IT'S ONLY FAIR. WHEN YOU LOOK AT THE BUDGET WE WON'T HAVE THIS BUDGET I KNOW YOU'RE AWARE. REMEMBER IT'S ONLY FAIR THAT FRICTIONLESS LIFE NO CONFLICTS FOR DRIVERS IN SNARE, ALL OF US TOGETHER RIDE FLIGHT TOGETHER. IT'S ONLY A FARE. THANK YOU. >> LAURA FOLLOWED BY JAMES. >> I CAN'T BEAT THAT. I CAME TONIGHT TO ASK YOU TO SUPPORT THIS BECAUSE I'M A FULL-TIME BUS RIDER. I GO EVERYWHERE ON THE BUS. I DON'T OWN A CAR EXCEPT AT THIS HOUR OF NIGHT I UBER HOME. I THINK IT'S VERY IMPORTANT. I WANTED TO SAY AND SPEAK ESPECIALLY BECAUSE THERE ARE HUNDREDS, IF NOT THOUSANDS OF PEOPLE USING OUR VERY IMPORTANT TRANSIT SYSTEM WHO I KNEW WOULD NOT BE HERE. AND I WANTED TO SPEAK IN THEIR BEHALF BECAUSE IT'S SO IMPORTANT TO KEEP THIS SERVICE AVAILABLE FOR EVERYBODY. AND SO, I APPLAUD THE SPONSORS AND I HOPE ALL OF YOU WILL SUPPORT IT. THANK YOU. >> GOOD EVENING. COUNCILOR DAVIS, COUNCILORS, I SUPPORT ZERO FARE VERY MUCH. I WAS HOMELESS IN ALBUQUERQUE FOR MONTHS AND YEARS. AND SCRAPING TOGETHER THE LITTLE BIT OF BUS FARE. THAT 75 CENTS FOR A ONE DAY, DOLLAR FOR A DAY PASS CAN BE AN INCREDIBLE BARRIER. YOUR LIFE EVOLVES AROUND A THREE-MILE RADIUS. YOU CAN'T BE MORE THAN THREE MILES FROM WHERE YOUR FOOD IS OR FROM WHERE YOUR DOCTOR IS. SO, I REMEMBER WHEN I WAS AT AN AGENCY AND THEY GAVE ME A YELLOW MONTHLY BUS PASS HOW MUCH THAT IMPACTED MY LIFE. HOW MUCH CHANGE THAT IT CAN BE. AS SLOW AS OUR BUS SYSTEM IS AND HOW ROUGH IT IS IT'S BETTER THAN NOTHING. I ENCOURAGE YOU TO KEEP ZERO FARE. >> RAYLENE FOLLOWED BY KRISTEN. KRISTEN FOLLOWED BY BERNADETTE. >>COUN. DAVIS: GOOD TO SEE YOU BACK. THANKS FOR YOUR LONG-TERM SERVICE. >> THANK YOU, PRESIDENT DAVIS, MEMBERS OF THE CITY COUNCIL. I'M A RESIDENT OF THE SEVENTH COUNCIL DISTRICT. I SERVED ON THE TRANSIT ADVISORY BOARD FOR THE CITY OF ALBUQUERQUE FOR TEN YEARS. 2007 TO 2017 IF I REMEMBER CORRECTLY. BASED ON WHAT I LEARNED DURING THAT SERVICE, ESPECIALLY DURING THE LAST YEAR OF SERVICE WHEN CHRISTOPHER RAMIREZ CAME TO TALK TO US ABOUT THE DISPARATE IMPACT OF THE CURRENT CITY TRANSIT, I WAS A NECESSITY RIDER WEP -- WHEN I START IN NEW MEXICO. I INJURED MYSELF AND COULDN'T DRIVE. AND LATER I BECAME AN OCCASIONAL RIDER BY CHOICE. THE THINGS I LEARNED IS TRANSIT IS NEVER A MONEY-MAKING OPERATION. IT'S JUST NOT THE POINT. THE POINT OF TRANSIT IS INFRASTRUCTURE. AND I URGE YOU TO SUPPORT ZERO FARES. >> BERNADETTE FOLLOWED BY LAUREN. >> THANK YOU FOR HAVING US, COUNCILOR DAVIS, COUNCILOR BENTON, COUNCILOR JONES, THANK YOU FOR YOUR YEARS OF SERVICE AND OTHER COUNCILORS. ZERO FARES ARE A LIFELINE FOR MANY FAMILIES. NOW MORE THAN EVER, MANY HEALTH AND SOCIAL SERVICE PROGRAMS REQUIRE NEW REQUIREMENTS TO FIND WORK AND TO KEEP THESE VITAL BENEFITS. FARES ARE NEEDED MORE THAN EVER TO FULFILL THESE REQUIREMENTS AND I WAS TRYING TO THINK OF OTHER WAYS OUR TRANSIT SYSTEM IS BECOMING MORE NEEDED AND THESE ARE REASONS THAT I -- LOT OF OUR COMMUNITY MEMBERS ARE SEEING A COME UP. BUT THANK YOU FOR HEARING US. PLEASE SUPPORT FREE FARES THANK YOU. >> LAUREN FOLLOWED BY EMILY. EMILY FOLLOWED BY PAUL. PAUL FOLLOWED BY BARUCH. BARUCH FOLLOWED BY JANICE ON ZOOM. JANICE FOLLOWED BY ANNA. >> GOOD EVENING. CAN YOU HEAR ME? >> WE CAN HEAR YOU. >> WONDERFUL. COUNCIL PRESIDENT, CITY COUNCIL MEMBERS, I'M A HEALTH PROMOTION SPECIALIST WITH THE HEALTH EQUITY COUNCIL. I'M HERE TO TALK ABOUT THE PUBLIC HEALTH ASPECT OF A HOP ON HOP OFF RIDERSHIP PROGRAM FOR THE TRANSIT SYSTEM. -- FOR PEOPLE TO GO TO SCHOOL AND MAKE IMPORTANT MEDICAL APPOINTMENTS TO SOCIALIZE AND ENJOY OUR BEAUTIFUL SPACES. HOP ON, HOP OFF MODEL IS SAFER. I WITNESSED CONFLICTS ON THE BUS IN THE PAST WHEN PEOPLE DIDN'T HAVE ADEQUATE FARES. IT SLOWS DOWN THE BUS AND MAKES IT LESS EFFICIENT. THERE'S A NUMBER OF BENEFITS. AS WE KNOW 90% OF RIDERS ON THE BUS SYSTEM EARN $35,000 OR LESS PER YEAR. WITH INFLATION AND OUR CURRENT ECONOMY, IT'S UNMANAGEABLE FOR FOLKS ON TOP OF THAT TO TRY TO SCROUNGE UP THE CHANGE TO GET ON THE BUS. THE PASS SYSTEM IS DIFFICULT TO MANAGE. I WORKED ISSUING FREE BUS PASSES AND IT WAS OVERHEAD FOR THE STAFF THAT WE DIDN'T HAVE AND IT TOOK AWAY FROM SERVICES THAT WE COULD HAVE BEEN PROVIDING FOR THE PEOPLE WE WERE SERVING. I ASK YOU TO PLEASE MEASURE CAREFULLY THE IMPACT THAT A PROGRAM LIKE THIS CAN HAVE AND THE PEOPLE WHO ARE MARGINALIZED. STRUGGLING TO GO BY DAY DAY. >> THANK YOU. ANNA FOLLOWED BY ALEX. >> GOOD NIGHT. I WANT TO THANK THE CITY COUNCIL FOR THEIR CONTINUED SUPPORT OF THE ZERO FARES PROGRAM. I'M HERE TODAY BECAUSE I WANT TO SHARE THAT I PERSONALLY USE PUBLIC TRANSPORTATION BY CHOICE. BUT NOT ALL OF US HAVE THAT PRIVILEGE. I AM HERE TO MAKE SURE TO BE THE VOICE TO ALL THE PEOPLE WHO USE AND NEED PUBLIC TRANSPORTATION FOR BASIC NEEDS LIKE MEDICAL APPOINTMENTS OR DUAL GROCERY SHOPPING AND THEY CAN BE HERE FOR OBVIOUS REASONS. THE PROGRAM IMPACTS HAVE BEEN POSITIVE. AND CITY COUNCIL MEMBERS, FAMILIES OF ALBUQUERQUE COUNT ON YOU. PLEASE VOTE YES TO MAKE ZERO FARES PERMANENT. THANK YOU VERY MUCH. >> ALEX FOLLOWED BY ANITA. >> CAN YOU HEAR ME? >> WE HEAR YOU. >> OKAY. MR. PRESIDENT, COUNCIL MEMBERS, I AM CHAIR OF THE TRANSPORTATION AND HOUSING WORKING GROUP FOR THE ENVIRONMENTAL JUSTICE CAUCUS. TONIGHT WE ONCE AGAIN SUPPORT ZERO FARES. THE TRANSPORTATION SECTOR IS THE LARGEST AND FASTEST GROWING DETERMINANT TO CLIMATE CHANGE. THE BUSSING NETWORK SHOULD BE ENCOURAGED AS A RESULT. THE CITY SHOULD EXPAND THE NETWORK. THIS IS ALSO A SOCIAL JUSTICE ISSUE. STUDIES SHOWN OUR ROAD WAYS MAKE ALBUQUERQUE THE SECOND MOST DEADLY FOR PEDESTRIANS. AND PARKING MANDATES ON THOSE WHO OWN CARS WITH ESTIMATES OF RENT INCREASING BY 10% FROM PARKING MANDATES ALONE. PLEASE CONSIDER ZERO FARES AS AN ATTEMPT TO CORRECT THIS IMBALANCE THE CITY FORCES UPON US. I'D LIKE TO THANK COUNCILOR BENTON FOR HIS YEARS OF SERVES -- SERVICE TO OUR DISTRICT. >> ANITA. >> GOOD EVENING. I'M THE BOARD PRESIDENT OF THE ALBUQUERQUE AFFORDABLE HOUSING COALITION. I WOULD LIKE TO THANK YOU FOR THE PIONEERING ZERO FARES DECISION THIS COUNCIL HAS ALREADY MADE IN ART AND SUN VANS. THIS MORNING YOU RECEIVED A LETTER SUPPORTING THE PERMANENT ADOPTION OF THE ZERO FARE STRUCTURE SIGNED BY 51 COMMUNITY-BASED ORGANIZATIONS AND 26 INDIVIDUALS. THESE MEMBERS REPRESENT PEOPLE WHO ARE ENGAGED IN AND COMMITTED TO THE BELL BEING OF OUR COMMUNITY. ORGANIZATIONS AND PEOPLE THAT ADVISE ON ISSUES THAT ARE RELIANT ON COMMUNITY INPUT AND PEOPLE WITH LIVED EXPERIENCE. THESE ARE INDIVIDUALS AND ORGANIZATIONS AND LIVE AND WORK IN ALBUQUERQUE AND HAVE INTIMATE KNOWLEDGE OF COMMUNITY NEEDS AND ASSETS. WE HAVE SEEN AND RESEARCH SHOWS THAT INCREASING ABILITY PROVIDED BY FREE AND ACCESSIBLE TRANSIT IS CRITICAL TO CREATING A STRONGER WORKFORCE HEALTHIERCHY AND MORE CONNECTED COMMUNITY. TONIGHT WE SIT WITH AN OPPORTUNITY TO APPROVE A VITAL ASSET FOR THE PEOPLE YOU SERVE. I URGE YOU TO SUPPORT THE ZERO FARE STRUCTURE PERMANENTLY. LET'S TAKE THIS OPPORTUNITY TO MAKE THE TOP TEN BEST ASSETS FOR CITY TRANSIT. >> THAT CONCLUDES PUBLIC COMMENT. >>COUN. DAVIS: THANK YOU, ALL. LET ME GO TO THE ADMINISTRATION. I SEE OUR DIRECTOR HERE. ANYTHING FROM THE ADMINISTRATION? I KNOW THEY COMPLETED A STUDY. I ALSO WANT TO BE CONSCIOUS OF THE FACT WE HAVE NINE MINUTES. AT SOME POINT WE NEED TO MAKE A DECISION IF WE'RE GOING TO STAY HERE UNTIL 3 A.M. WITH COUNCILOR LEWIS. MADAM CAO. COUNCILOR DAVIS, WE HAVE OUR DIRECTOR HERE. DIRECTOR KEENER WHO HAD PRINCIPALED -- PLANNED TO GIVE A PRESENTATION. I THINK THERE'S VALUE IN HER MAKING REMARKS IN SUPPORT OF THE STUDY THAT WAS PUBLISHED AND THE VALUE FOR YOU IN TERMS OF THE DATA THAT CAME FROM THAT. >> GOOD EVENING, COUNCIL PRESIDENT COUNCILORS. I REALLY DON'T WANT TO BELABOR OR TENGSD THE NIGHT. I REALLY THINK THAT YOU HEARD A LOT OF GREAT PUBLIC COMMENT. THEY TOOK AWAY A MORMTH -- MAJORITY OF TALKING POINTS. WE SUPPORT EQUITY WITHIN THE TRANSIT DEPARTMENT. WE RECOGNIZE THERE'S ITEMS WE NEED TO PUT TIME AND EFFORT IN THE SAFETY SIDE. WE'LL SEE THAT AS YOU MOVE FORWARD WITH PASSING THE ZERO FARES EFFORT. >>COUN. DAVIS: THANK YOU, MA'AM. I'M NOT OPPOSED TO THE PRESENTATION IF THE COUNCIL PLEASES. LET'S GO WHERE THE COUNCIL WANTS TO GO. COUNCILOR PEÑA, WANT TO TAKE THE LEAD? >>COUN. PEÑA: I WILL LET YOU DO THAT OR COUNCILOR FIEBELKORN. I JUST HAVE A COUPLE COMMENTS. I JUST WANT TO SAY THAT I'M REALLY PROUD TO SUPPORT THIS. I REALLY WANT TO GIVE CREDIT TO A FORMER CITY COUNCILOR. I APPRECIATE ALL OF HER WORK ON THIS. AND IT SEEMS LIKE THROUGH HER EFFORTS WE'VE CONTINUED THE MOTION. >>COUN. DAVIS: THANK YOU. COUNCILOR BASSAN HAS A QUESTION AND WE'LL COME BACK TO SPONSORS. >>COUN. BASSAN: NO QUESTION. GOOD JOB ON THE HIRING. I READ THAT PRESS RELEASE. GOOD JOB ON THAT. I'M VERY EXCITED TO HAVE READ THAT. >> THANK YOU VERY MUCH. WE'RE EXTREMELY EXCITED ABOUT IT AS WELL. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I WON'T GO ON VERY LONG. THIS PROCESS STARTED IN 2017. AND FINALLY AT THE CULMINATION I THINK EVERYBODY HAD A CHANCE TO READ THE REPORT THAT TRANSIT AND COMMUNITY MEMBERS AND OTHER CITY STAFF DEVELOPED. I THINK IT WAS REALLY CLEAR THAT THIS IS A FINANCIALLY SMART MOVE IN TERMS OF PROVIING MOBILITY AND ACCESS TO EVERYPLACE IN ALBUQUERQUE. WITH THAT I URGE YOUR SUPPORT. >>COUN. DAVIS: THANK YOU, DIRECTOR. IT HAS BEEN A WHILE. IT'S BEEN A CONVERSATION WE STARTED. THERE WAS A LOT OF -- IT'S BEEN A LOT OF PUSH AND PULL. FOLKS THAT WERE SKEPTICAL. FOLKS THAT WANTED TO ASK THE RIGHT QUESTIONS. THIS IDENTIFIED THINGS THAT WE NEEDED TO WORK ON. COUNCILOR PEÑA ZEROED IN THAT WE NEED TO MAINTAIN BUS STOPS. PARTICULARLY IN NEIGHBORHOODS WHERE WE NEED ACCESS THE MOST. YOU'VE DONE A GREAT JOB. REALLY IN FOCUSING ON AS I HEARD YOU SAY THE OTHER DAY, THE REST OF THE BUS STOPS ARE PUBLIC BUT THE PEOPLE CAN BE THERE WITHOUT BEING A BUS RIDER. A TRANSIT RIDER. BUT THEY'RE IMPORTANT AS THEY'RE THE GATE OR WELCOMING MAT TO OUR SYSTEM AND WE NEED TO LOOK AT MORE OF THAT. AND WE HAVE. CONGRATULATIONS FOR HIRING MORE FOLKS TO TAKE THAT ON. I APPRECIATE THAT. IT IS IMPORTANT. I APPRECIATE EVERYONE HERE. I DON'T KNOW WE CAN GO ON TOO LONG. WE PROBABLY HAVE SPENT 30 HOURS ON THIS DISCUSSION. AND I DON'T KNOW HOW MANY WEEKS AND PUBLIC MEETINGS AND ALL THOSE THINGS. WE'VE HAD A PUBLIC CONVERSATION ABOUT WHAT WE SHOULD BE DOING WITH OUR TRANSIT SYSTEM. MAYBE DOESN'T AGREE ON ALL OF THE PIECES. I DON'T THINK ANYBODY CAN ARGUE WE HAVEN'T EXHAUSTED ALL THE DATA POINTS AND INPUT AND WE HAVE A TRANSIT SECURITY SYSTEM AND PLAN TO ADDRESS THAT CHALLENGE. AND WE'RE DOING -- YOUR DEPARTMENT AND STAFF ARE DOING A MUCH BETTER JOB OF GETTING OUT AHEAD OF BUS STOP MAINTENANCE AND DEALING WITH OCCASIONAL ISSUES THAT HAPPEN ON THE BUS. I APPRECIATE THAT. I THINK WE MADE A BETTER SYSTEM. AND IT'S TAKEN EVERYBODY AND BUMPS BRUISES TO GET THERE. THIS IS A GOOD PROCESS. I HONESTLY THINK WE SHOWED A GOOD PROCESS OF WORKING WITH THE ADMINISTRATION THAT WAS SKEPTICAL AT THE BEGINNING AND CAME AROUND BECAUSE THEY WERE WILLING TO PARTICIPATE IN THE PROCESS AT SOME OF THE URGING AND THE PUBLIC'S URGING TO SEE WHAT DATA WE CAN GET AND IDENTIFY THOSE PROBLEMS. I REALLY WANT TO SAY THANK YOU TO THE ADMINISTRATION. THE ADMINISTRATION WAS -- THEY HAVE REALLY COME AROUND. IT'S BECAUSE OF THE PROCESS THAT WAS PUT TOGETHER IN THE TIME WE PUT. THERE'S OTHER STUFF WE COULD FIX IF WE WORK ON IT. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I WANTED TO ADD COUNCILOR LEWIS AS WELL. HE REALLY PUSHED THAT BILL ABOUT SECURITY ON THE BUSES. I KNOW IT DIDN'T PASS BUT THERE'S REALLY GOOD STUFF THAT CAME OUT OF IT. I'M REALLY APPRECIATIVE OF THE METRO SECURITY. I SEE THEM OUT THERE ALL THE TIME. IT'S REALLY EXCITING EVERY TIME WE SEE THEM. THEY'RE IN THE PLATFORM AND GETTING OUT OF THE CARS AND DOING WHAT THEY NEED TO DO. THAT WAS AT THE URGING OF COUNCILOR LEWIS. SOMETIMES A TAKE AS COMMUNITY TO GET THESE THINGS DONE. THIS IS AN EXAMPLE OF THAT. JUST TAPPING INTO WHAT YOU WERE SAYING. >>COUN. DAVIS: EXCELLENT POINT. COUNCILOR LEWIS AND COUNCILOR GROUT AND WE'LL CLOSE. >>COUN. LEWIS: LOO -- I THINK IT'S GOING TO MOVE ON. I WANT TO POINT OUT, I PROPOSED FREE FARES. WE COULD HAVE HAD FREE FARES FOREVER WITH A FREE PASS FOREVER. I THINK WE PROPOSED REASONABLE FREE PASS SYSTEM. IT KEPT THE FARES FREE. ONE THING THAT CAME OUT OF THAT, I THOUGHT MAYBE A STUDY, MAYBE A STUDY WOULD GET THINGS OUT OF IT. THE STUDY WAS AN ABSOLUTE JOKE. FROM THE MAKE UP OF THAT, NO OFFENSE TO ANYBODY THAT SERVED ON THAT. IT WAS MADE UP OF ACTIVISTS ON THERE. WE GOT WHAT WE GOT. IT WAS A WASTE OF MONEY. THERE'S THINGS IN THERE THAT ARE ALARMING. THE AMOUNT OF PEOPLE DOING DRUGS IN THE BUSES. PRETTY AMAZING. UNBELIEVABLE. I WITNESSED IT. PEOPLE SMOKING FENTANYL ON THE BUS SEVERAL TIMES AND WE TOOK A ONE DAY RIDE IN THE AFTERNOON. I'M CONCERNED ABOUT THIS. GO AHEAD AND DO THE MOTION. I'LL MOVE TO EXTEND THE MEETING UNTIL 12:30. >>COUN. DAVIS: WE NEED TO DO THAT LONGER BECAUSE WE HAVE SIX ITEMS. >>COUN. LEWIS: ONE IN THE MORNING. >>COUN. DAVIS: MADAM CLERK. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: NO. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES ON AN 8-1. >>COUN. LEWIS: MR. PRESIDENT, WE SHOULDN'T MAKE THESE STUDIES. IF WE'RE GOING TO DO STUDIES LET'S MAKE THEM INDEPENDENT. I DON'T THINK WE GOT ANYTHING OUT OF THIS OTHER THAN THE FACT THERE'S MORE DRUGS BEING USED ON THESE BUSES THAN EVER BEFORE. EVEN THE STUDY AND THE CRIME AND COMPARISON. IT WASN'T A COMPARISON TO PREVIOUS CRIME LEVELS. ONLY AN INDEPENDENT GROUP WOULD HAVE DONE THAT. I HOPE WE DON'T DO THOSE ANYMORE. AND THEN LOOK, I'M NOT GOING TO GO FOR THIS. I DON'T WANT TO MAKE ANYTHING LIKE THAT PERMANENT. I WANT TO RESTRICT THE COUNCIL FROM YEARS DOWN THE ROAD THAT NEED TO MAKE CHANGES IN THAT REGARD. THAT'S WHY I'M AGAINST THE BILL. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. I SHARE LOT OF THE SAME CONCERNS THAT COUNCILOR LEWIS DOES. SPECIFICALLY SECURITY. IN THE STUDY, IT MENTIONED THERE WERE 30% OF THE APD DID A CRIME RETAIL CRIME THING IN THE SUM BEFORE -- SUMMER TIME. AND 30% USED THE BUS TO GET AWAY. THAT'S 30% TOO MANY. I THINK IT'S GREAT OUR YOUNG MEN AND WOMEN STUDENTS AND SENIORS GET TO USE THE BUS FOR FREE. I THINK IT'S WONDERFUL. I'M THRILLED THEY CAN GET AROUND. SCHOOL, WORK, OPEN SPACE. THAT'S WHAT THE BUS IS FOR. I HAVE A PROBLEM WITH PERMANENCE. PERMANENCE IS A LONG TIME. HOW MUCH IT -- WHAT IS THE OVERALL BUDGET FOR TRANSIT? >> COUNCIL PRESIDENT, COUNCILOR GROUT, THE OVERALL BUDGET IS $58 MILLION. THE FARES ARE CONSTITUTING ABOUT 3%. THAT'S TAKING OUT THE SUN VAN AND ART SERVICE THAT IS PERMANENTLY FREE. >>COUN. GROUT: WHAT DOES THAT AMOUNT TO? >> $1.7 MILLION. >>COUN. GROUT: OKAY. MAKING SOMETHING PERMANENT IS A LONG TIME. IF PERMANENT WASN'T ON THERE, I MIGHT -- I SEE THE INTENT FOR ZERO FARES FOR FREE BUS FOR PEOPLE THAT USE IT. THE PEOPLE THAT SHOULDN'T BE USING IT, I DON'T LIKE SEE THEM ON THERE. I DON'T LIKE THE CRIME THAT'S HAPPENING ON THERE. I DON'T LIKE THEY'RE DIRTY. I KNOW YOU'RE MAKING A GREAT EFFORT KEEPING THEM CLEANER. THE BUS STOPS ARE DIRTY. THEY'RE GETTING CLEANER. THERE'S STILL LOT OF ROOM FOR IMPROVEMENT. I GET MY TEXT AND MY PICTURES, NOT DAILY, BUT ALMOST DAILY. I GET EXCITED WHEN I SEE A BUS THAT -- BUS SHELTER BEING USED AS INTENDED. THAT WARMS MY HEART SO MUCH. IT'S NOT HAPPENING ENOUGH. MOST OF THE TIME, THEY'RE NOT BEING USED PROPERLY. THAT SCARES AWAY PEOPLE. AND THAT'S NOT GOOD. THAT'S NOT GOOD. HOW MANY ARE USING OUR BUS SYSTEM DAILY? OR YEARLY? >> COUNCILOR DAVIS, COUNCILOR GROUT, CURRENTLY, WE ARE AT ABOUT 6.5 ON AN ANNUAL BASIS. I ASSUME WE'LL GET TO 7 MILLION BECAUSE WE'RE GETTING TO PRE-PANDEMIC NUMBERS OF 2019. THAT'S EVEN WITH REDUCED SERVICE. >>COUN. GROUT: WHAT WAS THE PRE-PANDEMIC LEVELS? >> I WOULD HAVE TO PULL IT UP. >>COUN. GROUT: WHAT WAS THE RIDERSHIP TEN YEARS AGO? >> TEN YEARS AGO, I BELIEVE 2013, WE WERE SEEING ABOUT 13 MILLION RIDERS ON AN ANNUAL BASIS. >>COUN. GROUT: WHY IS IT DECREASING? >> IT ACTUALLY STARTED DECREASING IN 2014. WE'VE SEEN DECREASES FROM THAT POINT ON. AS TO THE REASONS WHY, I'M NOT SURE. SINCE THE PANDEMIC, WE'VE SEEN THE INCREASE COMING BACK. ART BEING 30% OF OUR FIXED ROUTE, OR TOTAL SERVICE THAT WE HAVE. >>COUN. GROUT: ALL RIGHT. AND THEN WHO -- THIS STUDY WAS NOT DONE INDEPENDENTLY, WAS IT? WAS IT DONE IN HOUSE? >> COUNCIL PRESIDENT, COUNCILOR GROUT, IT WASN'T FUNDED. IT WAS DONE AS DIRECTED BY THE CITY COUNCIL AND INCLUDED MEMBERS OF ABQ RIDE AND MEMBERS OF OEI, TAB, HEALTH CARE FOR THE HOMELESS AND OUR METRO SECURITY. >>COUN. GROUT: THANK YOU. MAY I ASK WHAT IS OUR LONG TERM SECURITY PLAN FOR THE TRANSIT SYSTEM? >> MR. PRESIDENT, COUNCILOR GROUT, AT THIS POINT THE SECURITY -- O-47 INITIATED A SHORT-TERM SECURITY PLAN. IT WAS INSTITUTED DURING THE SUMMER. LONG-TERM SECURITY PLAN, THEY'RE OPENING PHASE. WE HAVE A CONTRACTOR ON BOARD. AND THEY'RE ABEM LLG WE WILL TAKE A LOOK TO DETERMINE IF THEY HAVE PERMANENT POLICE FORCE FOR TRANSIT OR A PERMANENT LIKE ACS. WHAT'S THE KIND OF CAPITAL FUNDING PROGRAM THAT WOULD BE REQUIRED FOR ALL THE SECURITY MEASURES. THAT'S JUST THE BEGINNING STAGES. IT STARTED WITH BEARIMATERICS. AND THEY HAVE A SUBCONTRACTOR REGARDING A CONTRACT FROM ORANGE COUNTY. >>COUN. GROUT: WHEN WILL THIS LONG-TERM SECURITY PLAN BE COMPLETED? >> WE HAVE INITIATED A YEAR'S TERM. HOWEVER TRYING TO GET IT ASSEMBLED IS CHALLENGING. WE'RE MORE AHEAD OF THE COUNTRY IN TAKING A LONG-TERM SECURITY APPROACH. IT TOOK A WHILE TO FIGURE OUT HOW TO COMPILE IT. WE COMPILED A WORKING PLAN. IT'S DUE IN JUNE. MOST LIKELY, IT WILL PROBABLY HAVE TO BE EXTENDED PROBABLY AT LEAST SIX MONTHS, OR A LITTLE BIT LONGER THAN THAT. >>COUN. GROUT: OKAY. AGAIN, I SUPPORT THE FREE FARES FOR THE PEOPLE THAT ARE USING THEM THE BEST AS THEY SHOULD. I DON'T SUPPORT FOR IT -- THE PEOPLE THAT SHOULDN'T BE USING IT. I DON'T LIKE THE THOUGHT IF MY GRANDDAUGHTER GOT ON THE BUS SHE WOULD SEE THINGS SHE SHOULDN'T BE SEEING. IT'S NOT OKAY. IF THERE'S A PASS SOMEBODY HAD TO HAVE TO GET ON THE BUS AND THEY NEED TO BE RESPONSIBLE AND HANG ON TO THAT PASS TO GET ON THAT BUS, I THINK MY GRANDDAUGHTER MIGHT NOT SEE SOME OF THE THINGS THAT PEOPLE ARE SEEING. WHILE I APPRECIATE AND I UNDERSTAND ZERO FARES AND WHAT IT IS INTENDED TO DO. AND I THINK IT'S DONE THAT, I DON'T SUPPORT PERMANENT ZERO FARES WITH ALL OF THE PROBLEMS THAT WE STILL HAVE. AND PERMANENT IS LONG TIME. IT'S AN EXTENSIVE ENDEAVOR. WE HAVE LOT OF NEED IN OUR CITY. I THINK THE REPORT IS DEFINITELY ONE-SIDED. THAT WAS MY THOUGHT AS WELL. I APPRECIATE EVERYTHING. THANK YOU. >>COUN. DAVIS: NEXT WE HAVE COUNCILOR SANCHEZ AND WE'LL SEE IF THERE'S ANYTHING ELSE BEFORE WE CLOSE. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. I'M STILL CONCERNED ABOUT THE CRIME. DRIVER SAFETY. THE BIGGEST CONCERN THE DRIVERS HAD WAS THE FACT THERE IS -- THE FARE IS ACTUALLY PROVIDED FOR A DIFFERENT TYPE OF RIDER THAT'S RIDING. WHICH ACTUALLY DEALT WITH THEIR SAFETY. AND I SUPPORT THE DRIVERS IN REFERENCE TO THEIR COMMENTS ABOUT WHAT THEY'RE DEALING WITH. I THINK IT'S VERY IMPORTANT THAT THE DRIVERS HAVE THE SUPPORT THEY NEED. I HOPE THAT WHAT YOU SAID IN THE PAST IS STILL SOMETHING THAT'S BEING LOOKED INTO IN TERMS OF THE RIDERS. IF THE BUS DRIVERS REPORT SOMETHING, YOU'RE ACTUALLY GOING OUT THERE AND TAKING CARE OF THE SITUATION AND MAKING SURE THE DRIVERS ARE SAFE. I WANT TO MAKE SURE THAT'S STILL GOING ON. RIGHT NOW, I'VE BEEN HEARING REPORTS OF KIDS USING ZERO FARE TO GET TO THE MALL. AND ACTUALLY BUYING DRUGS ON THEIR TRANSIT TRIP TO THE MALL. WHILE THEY'RE DITCHING HIGH SCHOOL. NOBODY TELLING THEM ANYTHING. NOBODY STOPPING THEM. THEY'RE JUST OUT THERE DOING WHAT THEY NEED TO DO. I STILL NOTICE THAT THE BUS STOPS NEED A LOT OF CLEAN UP. EVERY SINGLE DAY I SEE SOMEBODY SLEEPING IN THE BUS STOP. AS I DRIVE TO AND FROM WORK. I THINK THAT WE NEED TO REALLY WORK ON THOSE ISSUES. THE ZERO FARES IS THE GENIE OUT OF THE BOTTLE. HOW DO WE PUT THAT BACK IN? HOW DO WE PUT IT BACK IN THE BOTTLE? I THINK WHAT'S GOING ON WITH THIS SITUATION AND THE STUDY THAT OTHER COUNCILORS HAVE PROPOSED IN REFERENCE TO MOVING THIS TO RIO METRO IS WHAT EVENTUALLY IS GOING TO HAPPEN. I KNOW THIS COUNCIL WILL SEE THE NEED OF THE BUS SYSTEM IS NOT CUTTING THE MUSTERED AND WE'RE GOING TO END UP IN A SITUATION WHERE SOMEONE ELSE WILL BE CONTRACTED TO TAKE CARE OF IT. THAT'S WHERE I THINK WE'RE HEADED. IF THAT OTHER CONTRACTOR IS TAKING CARE OF THE SITUATION I'M FARES WILL COME BACK BECAUSE THEY'LL NEED TO HAVE SOME SORT OF SAFETY AND MAKE SURE THEY'RE TAKING CARE OF THE DRIVERS. I KNOW THAT THE FARES ADDED SOME DEGREE OF SAFETY FOR THE DRIVERS. BASED ON THE TYPE OF RIDERSHIP ON THE BUS. WITH THAT, I'M HAVING A DIFFICULT TIME DEALING WITH THIS. I'LL PROBABLY GO ALL THE WAY TO THE END IN REFERENCE TO KNOWING HOW I'M GOING TO VOTE. AND I THINK THIS STILL NEEDS TO GO TO SOMEONE ELSE TO TAKE CARE OF THE PROBLEM. I THINK THAT'S WHERE IT'S HEADED. RIO METRO. AND I THINK THEY'RE GOING TO TAKE CARE OF IT. AND HANDLE THE SITUATION TO THE POINT WHERE MAYBE LATER ON WE CAN PULL IT BACK. I DON'T THINK IT'S GOING TO HAPPEN ANY TIME SOON. THOSE ARE MY COMMENTS. >>COUN. DAVIS: HANG ON LONG ENOUGH AND WE HAVE A BILL TO TALK ABOUT RIO METRO. MAYBE THAT WORKS. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I THINK THAT WE'VE HAD THIS CONVERSATION A BIRCH OF TIMES. I'M GOING TO REPEAT. THE TIME TOWARD FOCUSED ON SECURITY AND ROUTE EXPANSION IS NOW. WE DON'T NEED TO CONTINUE HAVING THE ZERO FARES CONVERSATION BUT WE NEED TO EXPAND. I KNOW COUNCIL PROVIDED LEGISLATION FOR TECHNICAL REQUIREMENT IN PLACE COMING. WE USE THE SECURITY FOLKS OVER TO APD, BUT THERE'S STILL MORE TO BE DONE ON THE SECURITY SIDE. I DO HAVE TO SAY, THE IDEA THAT 30% OF THE FOLKS WHO WERE SHOPLIFTING GOT AWAY IN A BUS MEANS THAT 70% GOT AWAY IN CARS. AND WE'RE NOT TAKING AWAY FREE STREETS. I THINK AGAIN, IT'S REALLY IMPORTANT TO REMEMBER THAT FREE FARES EXPAND BACK TO OUR COMMUNITY THE FOLKS WHO DON'T HAVE ACCESS TO THE COMMUNITY RIGHT NOW. AND ALONG WITH THAT COMES BETTER SECURITY AND I THINK WE'RE WORKING ON THAT AS QUICKLY AS WE CAN. IT'S CLEAR TO ME FROM ALL OF THE WORK IN THE REPORT PLUS ALL MY CONVERSATIONS AROUND THE COMMUNITY THAT FREE FARES, ZERO FARES, GIVES FASTER BOARDING. WE DON'T HAVE TO STAND AND WAIT FOR PEOPLE WHILE THEY SEARCH FOR THE RIGHT AMOUNT OF CHANGE. I HAVE DONE THAT MANY TIMES ON BUSES. IT INCREASES DRIVER SAFETY BECAUSE DRIVERS ARE NOT HAVING TO HAVE THAT FORCED INTERACTION WITH EVERY PERSON THAT GETS ON THE BUS. THEY'RE ABLE TO DO THEIR JOB. IT EXPANDS THE ACCESS TO OUR COMMUNITY. THE FOLKS WHO JUST CANNOT AFFORD TO TAKE THE BUS EVERYWHERE THEY NEED TO GO. AGAIN, I THINK TRANSIT SECURITY IS IMPORTANT. I THINK IT'S A COMPLETELY DIFFERENT CONVERSATION THAN ZERO FARES. >>COUN. DAVIS: OTHER COUNCILORS? WE URGE YOUR SUPPORT. PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. JONES: YES. >>COUN. LEWIS: NO. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: NO. >>COUN. DAVIS: YES. >> THAT PASSES ON A 6-3 VOTE. >>COUN. DAVIS: THANK YOU. COUNCILOR JONES, DID YOU HAVE A MESSAGE OR REQUEST ABOUT THE REST OF THE AGENDA? >>COUN. JONES: YES. I DO. MAY I PLEASE MOVE B UP ON THE AGENDA? >>COUN. DAVIS: LET'S TAKE THAT NOW. THAT'S R-178. COUNCILOR JONES CAN JOIN US. COUNCILOR FIEBELKORN THIS IS SUSPENDING ADMINISTRATIVE APPEALS. AND COUNCILOR JONES WANTED TO BE SURE TO JOIN US. >>COUN. FIEBELKORN: IT'S SUSPENDING ADMINISTRATIVE FIELDS TO SAFE OUTDOOR SPACES RESTRICTING THE MOVING ENCAMPMENTS FROM PUBLIC LAND. >>COUN. JONES: SECOND. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. YOU MIGHT HAVE PEOPLE SIGNED UP TO SPEAK. I WILL SAY THIS IS AN IDEA THAT CAME ABOUT AFTER THE INJUNCTION CAME DOWN FROM THE COURT THAT SAYS WE HAVE SEVERE LIMITATIONS ON HOW AND WHERE WE CAN REMOVE FOLKS IN FOLKS CAMPING IN OUR PUBLIC SPACES. AND IT SEEMS CLEAR FROM THAT INJUNCTION THAT THE JUDGE BELIEVED WE DO NOT HAVE ENOUGH ALTERNATIVES FOR PEOPLE EXPERIENCING HOMELESSNESS. AND ONE OF THE REASONS THAT HE ISSUED THE INJUNCTION. I THINK WE AGREE THAT LONG-TERM ANSWERS TO GET THAT NUMBER OF ALTERNATIVES UP INCLUDE EXPANDING GATEWAY, IMPROVING THE WEST SIDE EMERGENCY HOUSING CENTER, AND POSSIBLY ADDITIONAL OVERNIGHT SHELTERS. ALL OF THOSE OPTIONS TAKE A GREAT DEAL OF TIME. AND WE DON'T HAVE A LOT OF TIME. THAT INJUNCTION STARTED ON NOVEMBER 1. I HAVE CONCERNS ABOUT THE PRESERVATION OF NEIGHBORHOOD PARKS AND OPEN SPACE SYSTEMS. AND QUITE FRANKLY CIVIC PLAZA AND THE FRONT YARD OF OUR PUBLIC LIBRARIES AND ALL OF THOSE PLACES. AND SO, THIS IS WAY THAT I SEE US BEING ABLE TO MOVE QUICKLY, AND SET UP ALTERNATIVES THAT GIVE SOME COMPLIANCE WITH WHAT THE JUDGE REQUESTED IN THAT INJUNCTION. AND CAN BE DONE RATHER QUICKLY AS OPPOSED TO SOME OF THE OTHER ALTERNATIVES I THINK IS BETTER LONG-TERM BUT NOT GOING TO HAPPEN TOMORROW. AND THE INJUNCTION STARTED ON NOVEMBER 1st. SO THE TIME IS TICKING. >>COUN. DAVIS: WE HAVE FLOOR AMENDMENTS AND WE HAVE FIVE PEOPLE SIGNED UP. I'M NOT SURE HOW MANY PEOPLE ARE HERE. >>COUN. FIEBELKORN: I CAN MOVE MY AMENDMENT IF YOU WOULD LIKE. I CAN DO FLOOR AMENDMENT NUMBER ONE. AND THIS IS ON PAGE TWO LINE EIGHT, AMEND SECTION EIGHT OF THE BILL. WE'RE ADDING IN THE APPEAL REVIEW AND DECISION REQUIREMENT OF TABLE 611. OF THE INTEGRATED DEVELOPMENT ORDINANCE TO SAFE OUTDOOR SPACES ARE SUSPENDED AND INSERTING FOR ALL APPLICATION TYPES RELATED TO SAFE OUTDOOR SPACES. AND THEN IT JUST GOES DOWN AND DELETE THE TERM ADMINISTRATIVE. THE POINT IS THAT WE WANTED TO CLARIFY THAT YOU'RE ONLY SUSPENDING THE APPEALS PROCESS. WE'RE NOT SUSPENDING THE NOTICE TO NEIGHBORHOODS OR ANY OF THOSE ASPECTS OF THAT IDO AROUND SAFE OUTDOOR SPACES. IT WAS AN OVERSIGHT WE WANT TO CLARIFY. I'LL MOVE A DO PASS. >>COUN. DAVIS: I'LL SECOND AMENDMENT NUMBER ONE. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, IN LIGHT OF EARLIER CONVERSATIONS ABOUT THE DEMOCRATIC PROCESS, I DO NOT ACCEPT THE FACT WE SHOULD TAKE AWAY THE PUBLIC'S RIGHT TO APPEAL SOMETHING. >>COUN. DAVIS: NOTED. COUNCILOR SANCHEZ. >>COUN. SANCHEZ: ONE OF THE THINGS WE CAN'T DO IS TAKE THE VOICES OF THE PEOPLE. I WOULD SAY NO. THESE ARE INDIVIDUALS WHO ARE GOING TO HAVE THESE ENCAMPMENTS. AND WE'VE GONE OVER THIS DISCUSSION OVER AND OVER AGAIN THROUGHOUT THE YEAR. AND THIS IS A NON-STARTER FOR ME. THE APPEAL -- I'LL VOTE ON ALL OF IT. >>COUN. DAVIS: COUNCILOR GROUT ON THE AMENDMENT. >>COUN. GROUT: I SECOND AND THIRD THAT. I ALWAYS FEEL LIKE I LISTEN TO MY CONSTITUENTS. AND I DO. IF WE DON'T LISTEN TO OR GIVE THEM A VOICE, THEN WE'RE NOT DOING OUR JOB. THIS IS ALSO A NON-STARTER FOR ME. >>COUN. DAVIS: THANKS. OTHER COMMENTS? COUNCILOR FIEBELKORN ON THE AMENDMENT TO CLOSE. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I WOULD SAY THAT I ALSO LISTEN TO MY CONSTITUENTS AND THEY TELL ME EVERY DAY CONCERNED ABOUT ENCAMPMENTS IN ALLEYS AND NEIGHBORHOOD PARKS AND ON THE BIKE PATH BY THE ARROYO. AND I SHARE THEIR CONCERNS ABOUT THEIR ENCAMPMENTS. I DO NOT THINK MY NEIGHBORHOOD PARK IS A GREAT PLACE FOR PEOPLE TO BE LIVING. I DO THINK THAT THIS IS AN ALTERNATIVE THAT WOULD GIVE US A WAY TO ENSURE THAT THOSE ENCAMPMENTS IN THE ALLEY IN THE NEIGHBORHOOD PARK OR ARROYO OR IN OUR OPEN SPACE SYSTEM DON'T HAPPEN. I THINK WE HAVE TO ACKNOWLEDGE THAT PEOPLE EXPERIENCING HOMELESSNESS ARE HERE IN OUR COMMUNITY RIGHT NOW. THEY'RE NOT GOING ANYWHERE. AND SO, I THINK THIS AMENDMENT SPECIFICALLY SAYS WE'RE NOT TAKING AWAY THE NOTIFICATION PROCESS BUT WE'RE STREAMLINING THE APPEALS PROCESS SO WE CAN ACTUALLY GET SOME OF THE SAFE OUTDOOR SPACES SET UP QUICKLY. THE INJUNCTION STARTED ON NOVEMBER 1st. TIME IS TICKING. AND I DON'T WANT TO SEE DAMAGE DONE TO PARKS, OPEN SPACE OR ANY OTHER PUBLIC SPACE. >>COUN. DAVIS: SEEING NO OTHER DISCUSSION. WE'LL TAKE THAT AS A CLOSE. PLEASE CALL THE VOTE. I'M SORRY. WHY DON'T WE HAVE PUBLIC SPEAKERS. WE'LL GET THERE. ON THE AMENDMENT. PLEASE CALL THE VOTE. >>COUN. BASSAN: NO. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. JONES: YES. >>COUN. LEWIS: NO. >>COUN. PEÑA: NO. >>COUN. SANCHEZ: NO. >>COUN. DAVIS: YES. >> THAT FAILS ON A 4-5 VOTE. >>COUN. DAVIS: WE'RE BACK ON THE BILL. SPONSORS PREFERENCE, DO THE BILL OR HAVE A FEW PUBLIC COMMENTERS AND GO TO DISCUSSION. HOW MANY DO YOU HAVE? >> FIRST UP IS JAMES FOLLOWED BY TAD AND THEN JANE ON ZOOM. >>COUN. DAVIS: WELCOME BACK. THANKS FOR HANGING OUT ALL NIGHT. >> THANK YOU, COUNCILOR FIEBELKORN. THIS WAS A GREAT IDEA 14 MONTHS AGO WHEN WE CLOSED CORONADO PARK. WE'RE PAY PAST THE THRESHOLD. I DON'T WANT TO SOUND HYPERBOLLIC. WE'RE GOING TO HAVE FIVE CORONADO PARKS. THEY'RE ALREADY FORMING. THERE'S NO INCENTIVE TO GET THE PEOPLE TOGETHER INTO YOUR THREE CAMPS. THERE'S INCENTIVE -- THERE'S NOTHING. EVERYBODY KNOWS THEY CAN'T BE MOVED. EVERYBODY KNOWS THE SITUATION. IT'S OUT OF CONTROL ALREADY. AND IT'S ONLY GOING TO GET WORSE. SOMEBODY SENT ME THIS, A DRAFT PROPOSAL FOR THE CITY OF ALBUQUERQUE AND COUNTY OF BERNALILLO TO ADDRESS HOMELESSNESS. IT'S BEING CIRCULATED IN MY CIRCLE AS THE DAMON ELI REPORT. IT'S THE MAYORS POSITION. THE FIRST TEN PAGES ARE INTERESTING. AND BY PAGE 27 I WAS READING IT BUT IT WAS SO WILD. I'M SHOE YOU SEEN THIS REPORT. IT'S VERY INTERESTING. >> TAD FOLLOWED BY JANE. JANE ON ZOOM. >> MR. PRESIDENT, COUNCILORS, I'VE ATTENDED HEARINGS AT THE LUHO NEVER AS A PARTY. I'VE WITNESSED THE CONDUCT OF THESE HEARING. I'VE NOT NECESSARILY AGREED WITH THE POINTS OR FINDINGS. THEY'RE HOWEVER INFORMED BY KNOWLEDGE OF THE IDO APPLICABLE LAW AND RIGHTS OF BOTH PARTIES. THEY'RE NOT FRIVOLOUSLY DECIDED. IF THE LUHO FINDS FLAW, I SUBMIT THEY REFLECT LEGITIMATE OBJECTIONS OF THE APPELLANTS AND DESERVES THOUGHTFUL ATTENTION OF THE APPLICANT AND COUNCIL. THE APPEAL PROCESS IS A CRITICAL MECHANISM TO BALANCE INDIVIDUAL RIGHTS AND COMMUNITY WELFARE AND INTEREST. THIS RESOLUTION BEGS THE QUESTION OF WHAT OTHER PROVISIONS OF THE IDO THE COUNCIL WOULD SET ASIDE. WHAT OTHER ADMINISTRATIVE PROCESSES MIGHT BE DEEMED AN OBSTACLE AND BYPASSED AND WHAT CONSEQUENCES WOULD COUNCILORS BE WILLING TO ACCEPT AND CHAMPION? >> THAT CONCLUDES COMMENT ON THIS ITEM. >>COUN. DAVIS: BACK TO THE SPONSOR AND WE'LL GO AROUND. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I WANT TO AGREE WITH THE FIRST SPEAKER. IT IS TOO LATE. WE HAVE BEEN SPINNING OUR WHEELS ON ISSUES AROUND PEOPLE EXPERIENCING HOMELESSNESS IN THE COMMUNITY. IT'S A FRUSTRATING TWO YEARS FOR ME. WE SHOULD HAVE MOVED ON SAFE OUTDOOR SPACES. WE SHOULD HAVE THE GATEWAY GOING. WE SHOULD HAVE A LOT OF THINGS THAT WE DON'T HAVE. WE ARE IN A POSITION WHERE THERE'S A JUDGE TELLING US WE NEED TO DO OUR JOB. WE NEED TO MAKE SURE THAT THERE ARE ENOUGH ALTERNATIVES FOR ALL THE PEOPLE EXPERIENCING HOMELESSNESS IN OUR CITY AND THAT'S NOT COMING FROM ME THE BLEEDING HEART LIBERAL, IT'S COMING FROM A JUDGE. WHETHER WE AGREE WITH THE JUDGE OR NOT, I THINK IT'S IRRELEVANT. I KNOW THERE'S THE CITY IS APPEALING. THE CHANCES ARE UP IN THE AIR. RIGHT NOW, WE'RE LIVING UNDER AN INJUNCTION. IF WE DON'T FIGURE OUT A WAY TO SHOW THAT WE'RE TRYING SOMETHING, I JUST FEAR FOR WHAT'S GOING TO HAPPEN. I DON'T KNOW WHAT'S TO TELL MY CONSTITUENTS WHEN THEY CALL AND SAY THERE'S AN ENCAMPMENT IN MY NEIGHBORHOOD PARK. WE HAVE NOT DONE ANYTHING TO LIFT THE INJUNCTION AND DO WHAT WE NEED TO DO TO SERVE THE PEOPLE OF ALBUQUERQUE THAT EXPERIENCE HOMELESSNESS. IT'S A SHAME. I JUST WANT IT ON RECORD THAT WE NEED TO DO SOMETHING TO SHOW THE JUDGE WE'RE TRYING. RIGHT NOW THERE'S NOT ENOUGH PLACES FOR ALL THE FOLKS TO GO AND IT'S GETTING COLD. >>COUN. DAVIS: COUNCILOR SANCHEZ AND WE'LL SEE IF ANYBODY ELSE. >>COUN. SANCHEZ: THANK YOU WE JUST SAT FOR LUNCH IN AN ADMINISTRATIVE HEARING AND JUST HEARD A PRETTY DECENT PLAN BY THE ADMINISTRATION. BASED ON WHAT YOU JUST SAID, WE'RE DOING SOMETHING. THE ADMINISTRATION IS WORKING HARD TO TRY TO MAKE SURE WE MOVE FORWARD. AND STILL ABLE TO ACCOMPLISH THE GOAL THAT WE HAVE. AND THEY HAVE A PLAN. THE PLAN WAS TO MAKE SURE WE HAVE MORE BEDS. THAT'S WHAT THE JUDGE SAID. WE DIDN'T HAVE ENOUGH BEDS. I HEARD TODAY THAT WE'RE GOING TO HAVE ENOUGH BEDS. AND IF WE HAVE ENOUGH BEDS WE CAN MAKE MOVEMENT OF THE ENCAMPMENT. IT'S VERY IMPORTANT THAT WE ARE MOVING FORWARD IN THIS MATTER. I THINK WE'RE GOING TO BE FINE. IF WE CONTINUE THE WAY WE ARE, RIGHT NOW WE HAVE AN APPEAL PROCESS THAT'S IN PLACE SO THE CITIZENS CAN AND WILL FILE THEIR APPEALS. WE HAVE TO MAKE SURE THAT THEIR MOUTHS ARE NOT SHUT. THANK YOU. >>COUN. BASSAN: MR. PRESIDENT, THIS IS GOING TO PROVIDE BEDS? IF THIS PASSES, WILL THIS PROVIDE BEDS? >> COUNCILOR BASSAN, NOT THAT I'M AWARE OF IT. IT JUST CHANGES THE APPEAL PROCESS. >>COUN. BASSAN: THIS IS GOING TO PROVIDE HEAT? >> NO, IT WILL NOT. >>COUN. BASSAN: THANK YOU. >>COUN. DAVIS: OTHER QUESTIONS BEFORE WE GO BACK TO THE SPONSOR? LET ME LET COUNCILOR FIEBELKORN RESPOND AND WE'LL GO TO THE ADMINISTRATION AND WE'LL TRY TO CLOSE. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. REAL QUICKLY. I HEARD IN THE ADMINISTRATIVE HEARING EARLIER TODAY THAT WE HAVE A PLAN THAT -- TO NOT DISCUSS WHAT WAS DISCUSSED. >> I KNOW THAT COUNCILOR SANCHEZ STARTED TO. I FELT LIKE IT WAS GENERAL. AND ACCURATE. I DON'T WANT TO GET INTO DETAILS OF EXECUTIVE SESSION. >>COUN. FIEBELKORN: THANK YOU FOR THE WARNING. I'LL ASK A QUESTION OF DIRECTOR PIERCE. DIRECTOR PIERCE, MY UNDERSTANDING THAT THE CITY NOW HAS A TRACKER FOR THE NUMBER OF BEDS AVAILABLE IN THE COMMUNITY. THAT IS SPREAD OUT BETWEEN MEN, WOMEN CHILDREN COUPLES? >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN YES. THAT IS ACCURATE. WE HAVE AN EMERGENCY BED TRACKER THAT WE'RE GETTING GOING THAT WE'RE USING NOW AND WE HAVE BEEN USING IT OVER THE LAST MONTH. IT'S NOT IN PERFECT SHAPE. IT'S A GOOD TOOL IN THE TOOLBOX. >>COUN. FIEBELKORN: HAVE WE RUN OUT OF BEDS YET? SINCE WE'VE BEEN USING THAT TRACKER? >> COUNCILOR DAVIS, COUNCILOR FIEBELKORN NO. WHY I SOUND LIKE NO THOUGH, I'M SITTERING HERE, BUT I NEED TO STEP OUT AND DO PHONE CALLS BECAUSE I'M TEXTING BECAUSE IT'S GETTING COLD AND NEEDING TO DO PROBLEM SOLVING. THAT'S WHY I'M SAYING WE WANT TO BE ABLE TO ACCORDION OUT WHEN IT'S COLD OUT THERE. AND THE NEED FOR BEDS IS IMPORTANT. >>COUN. FIEBELKORN: SO, IF WE ACCORDION OUT THIS SAFE OUTDOOR SPACES, IT'S MY UNDERSTANDING THOSE WOULD BE SET UP WITH TENTS? WITH SLEEPING BAGS AND WITH ELECTRICITY TO PROVIDE HEAT. IS THAT THE WAY SAFE OUTDOOR SPACES IN OTHER CITIES WORK? >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, THROUGH THE IDO AND WHAT IS STATED IN THERE, PEOPLE WOULD BE IN TENTS, THERE'S A LIMITED NUMBER OF PEOPLE IN THE TENT. THERE'S SERVICES. AS I'M RECALLING WE'RE NOT REQUIRING HEAT. THERE ARE PLUG-INS FOR PHONES AND THAT THING. THESE ARE NOT INCLUDING HEAT. THE TENTS WE DID GO LOOK AT IN DENVER FOR WERE ICE FISHING. THEY WERE VERY INSULATED TENTS. THAT'S WHAT DENVER USED SUCCESSFULLY. >>COUN. FIEBELKORN: THANK YOU. MR. MORROW, YOU SAID THIS WOULD REQUIRE, BUT IT DOES DIRECT THE CITY STAFF TO COME BACK IN A 45-DAY PERIOD WITH THREE SPACES THAT ARE READY TO MOVE TO SET UP SAFE OUTDOOR SPACES? >> MY APOLOGIES, COUNCILOR DAVIS, COUNCILOR FIEBELKORN, THAT IS CORRECT. I WAS ADDRESSING COUNCILOR BASSAN THE APPEALS PORTION OF RESOLUTION AS APPLIED. NOT ADDRESSING THE DIRECTION FOR THE CITY TO MOVE FORWARD WITH THREE APPLICATIONS FOR SAFE OUTDOOR SPACES WHICH IN TURN WOULD PROVIDE SOME BEDS FOR THE COMMUNITY. >>COUN. FIEBELKORN: THANK YOU. >>COUN. DAVIS: BACK TO COUNCILOR BASSAN. >>COUN. BASSAN: DIRECTOR, BEFORE YOU GO TOO FAR. DIRECTOR PIERCE. MR. PRESIDENT, DIRECTOR, HOW MUCH FUNDING DO YOU HAVE RESERVED FOR THIS? >> COUNCILOR DAVIS, COUNCILOR BASSAN, YOU'RE REFERRING TO THE SAFE OUTDOOR SPACES? >>COUN. BASSAN: IF WE PASSES AND WE PUT TWO SAFE OUTDOOR SPACES PERDISTRICT, HOW MUCH FUNDING IS ALLOCATED, AND WHERE IS IT COMING FROM AND WHAT'S THE PLAN? >> IF I -- IF I RECALL CORRECTLY, IN MY CURRENT BUDGET, I HAVEN'T LOOKED AT THAT LATELY, I LOOK AT THE BUDGET, I BELIEVE THERE'S A COUPLE HUNDRED THOUSAND DOLLARS ALLOCATED FOR SAFE OUTDOOR SPACES AT IMPLEMENTATION. I CAN GET THE EXACT NUMBER. >>COUN. BASSAN: I THINK THAT WOULD BE REALLY GOOD TO KNOW THE EXACT NUMBER OF WHEN WE'RE TALKING ABOUT BEDS AND MAYBE NOT BEDS AND MAYBE TENTS AND HOW LONG IS IT GOING TO TAKE. EITHER WAY, I'M NOT GOING TO GO FOR IT. HERE WE ARE AGAIN. HERE WE ARE AGAIN SPINNING WHEELS OUT ANSWERS. I MEAN, WE'RE TRYING TO TAKE AWAY THE PEOPLE'S PROCESS BY DICTATING TO THEM. I'M SORRY, TO ME THIS IS REALLY, REALLY FRUSTRATING. >>COUN. DAVIS: OTHER COUNCILORS? ANYTHING FROM THE ADMINISTRATION? >> SAFE OUTDOOR SPACES IS A TOOL IN OUR TOOL KIT IN PROVIDING SHELTER AND SAFE PLACES FOR PEOPLE TO BE AND KNOW THEY CAN BE TO BE SHELTERED. WE DON'T HAVE A POSITION RELATED TO THIS SPECIFIC LANGUAGE IN THIS. WE DO BELIEVE SAFE OUTDOOR SPACES ARE CRITICAL FOR US TO BE ABLE TO KEEP IN OUR TOOL KIT AND ENSURE WE CAN SERVE THE COMMUNITY, ALONGSIDE ALL OF THE OTHER WAYS IN WHICH WE'RE WORKING TOWARD PROVIDING BEDS. IT'S CRITICAL FOR US TO HAVE THIS CONTINUE TO MOVE THROUGH THOSE PROCESSES SO WE CAN APPROVE THEM AND HAVE THE SAFE OUTDOOR SPACES. >>COUN. DAVIS: COUNCILOR BENTON AND BACK TO THE SPONSOR BEFORE COUNCILOR JONES. >>COUN. BENTON: JUST WHAT WAS QUICKLY MENTIONED BY DIRECTOR PIERCE. I ALSO WENT TO DENVER AND SAW HOW THEY'RE OPERATING. EXTREMELY WELL ORGANIZED. IT'S EXTREMELY SECURE. IT'S NOT ANY KIND OF A FREE FOR ALL. I KNOW WE'VE HAD THIS DISCUSSION BEFORE. I FEEL IT BEARS REPEATING. IT'S SOMETHING WORKING THERE. IT'S NOT WORKING FOR EVERYONE. AND NOT EVERYONE IS GOING TO ACCEPT ONE OF THESE AS AN OPTION. SOME PEOPLE ARE AND SUCCESSFULLY OPERATING THEM IN DENVER. AGAIN, IT'S A GOOD, HUMANE AND SAFE ENVIRONMENT THAT DOESN'T HARM ANYONE. IF WE ARE SUPPORTING THEM AND OPERATING THEM OR IN SOME WAY SUBSIDIZING THEM OURSELVES AS A CITY WE CAN DO IT THE WAY THEY'RE DOING IT. AND IN A MODEL THAT WORKS FOR SOME PEOPLE. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. AS COUNCILOR DAVIS SAYS, I CAN COUNT. I KNOW HOW IT'S GOING TO GO. WE DON'T HAVE ENOUGH ALTERNATIVES FOR PEOPLE EXPERIENCING HOMELESSNESS IN OUR COMMUNITY. SOON, WE'RE GOING TO GET VERY COLD AND SOON WHEN THEY CALL DIRECTOR PIERCE AND SAY WE HAVE SOMEONE THAT NEEDS A BED WHERE CAN WE TAKE THEM, THE ANSWER IS GOING TO BE I DON'T KNOW. AND THAT'S UNACCEPTABLE TO ME. AND IT'S UNACCEPTABLE TO THE JUDGE THAT PUT THIS INJUNCTION ON THE CITY AND SAID STARTING NOVEMBER 1st, WE CAN'T DO THINGS THE WAY YOU'RE USED TO DOING THEM. YOU CAN'T DECAMP PEOPLE. I THINK IT BEHOOVES US ALL TO PROVIDE ALTERNATIVES SO FOLKS HAVE SOMEWHERE TO GO SO WE CAN PROTECT OUR PARKS, OPEN SPACE, ALLEYS, OUR ARROYOS. ALL THOSE PLACES THAT PEOPLE DON'T WANT TO SEE HOMELESS ENCAMPMENTS, THIS IS THE ALTERNATIVE TO THAT. AGAIN, I DON'T KNOW WHAT WE'RE GOING TO SAY TO CONSTITUENTS AS THIS PROGRESSES AFTER NOVEMBER 1st, AND PROBABLY GET MORE AND MORE WITH HOMELESS ENCAMPMENTS. I SURE WOULD LIKE TO SAY WE'RE TRYING SOMETHING. AND WE'RE DOING SOMETHING. TO PROVIDE SERVICES FOR FOLKS IN NEED. IT'S GETTING COLD. THE TIME IS TICKING. NOVEMBER 1st STARTED THIS INJUNCTION. WE NEED TO ACT. I URGE YOUR SUPPORT. >>COUN. DAVIS: I'LL ASK THE CLERK TO CALL THE ROLL CALL VOTE ON R-178. >>COUN. BASSAN: NO. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. JONES: YES. >>COUN. LEWIS: NO. >>COUN. PEÑA: NO. >>COUN. SANCHEZ: NO. >>COUN. DAVIS: YES. >> THAT FAILS ON A 4-5 VOTE. >>COUN. DAVIS: NEXT ON THE AGENDA IS R-83. RULES AMENDMENT AMENDING ARTICLE ONE AND SOME SECTIONS. OF THE COUNCIL RULES AND MROOIK PUBLIC COMMENT ON QUASI-JUDICIAL MATTERS. SECOND FROM COUNCILOR FIEBELKORN. REALLY QUICKLY, THIS IS SOMETHING RECOMMENDED BY -- MS. RONCILLO IS COMING UP. WE HAVE TO GO BACK TO COUNCILOR BENTON. R-83 THIS RELATES TO THE FACT OF THE ORDER OF BUSINESS. IT WAS POINTED OUT THAT IT'S BECOME A CHALLENGE FOR US AS WE KNOW WHEN WE ADMINISTRATIVE APPEALS AND ZONING APPEALS ON THE AGENDA AND THE PERSON SIGNED UP FOR PUBLIC COMMENT AND SURPRISE US WITH THINGS THAT ARE NOT ALLOWED IN THE RECORD OR EXTRA EVIDENCE AND OTHER THINGS. THIS MOVES THE ZONING AND ADMINISTRATIVE APPEALS AHEAD OF PUBLIC COMMENT UNLESS THE COUNCIL AGREES TO ADJUST THE AGENDA. IT TAKES THOSE HEARINGS OUT OF PLAY BEFORE WE GET TO THIS WILD AND CRAZY PUBLIC COMMENT. DID I CAPTURE THAT CORRECTLY? >> MR. PRESIDENT, THAT SUMS IT UP ACCURATELY. >>COUN. DAVIS: GREAT. SEEING THAT -- ANY DISCUSSION? ALL THOSE IN FAVOR -- I'M SORRY. IS COUNCILOR JONES STILL WITH US? >>COUN. JONES: YES. YES AND YES. >> NARRATOR: YES. >>COUN. BASSAN: YES. SDMRB YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: R-177. >>COUN. BENTON: IT'S A RESOLUTION REQUIRING CITY COUNCIL APPROVAL FOR EXPENDITURE OF AFFORDABLE HOUSING FUNDING. I MOVE A DO PASS. >>COUN. DAVIS: MULTIPLE SECONDS. >>COUN. BENTON: I MOVE THE FLOOR AMENDMENT THAT'S IN YOUR iPADS. THAT IS FLOOR AMENDMENT NUMBER ONE. >>COUN. GROUT: SECOND. >>COUN. DAVIS: SECOND FROM COUNCILOR GROUT. >>COUN. BENTON: COUNCILORS. TO QUICKLY CIRCLE BACK ON THIS QUESTION, THE COUNCIL LAST YEAR PASSED $20 MILLION IN FUNDING PUT INTO AN ACCOUNT CALLED THE 305 MISCELLANEOUS WHICH IS GENERIC. TO BE KIND, I THINK THERE IS NO ILL-INTENT BUT WE'VE HAD ACCOUNTING AND REPORTING DISCREPANCIES FROM THE HHS DEPARTMENT ON THIS FUNDS. WHEN WE LOOK AT THE LEDGER, WE DON'T SEE THESE FUNDS HAVING BEEN ENCUMBERED OR EXPENDED. BUT WE UNDERSTAND THEY HAVE BEEN ENCUMBERED AND EXPENDED. I THINK IT'S IMPORTANT SINCE WE PASS THESE AND THANK YOU TO ALL OF YOU WHO VOTED TO UTILIZE THESE BOND FUNDS, APPRECIATE THAT, I THINK IT'S IMPORTANT WE GET MORE REGULAR AND COMPLETE ACCOUNTING AS TO HOW THE DEPARTMENT INTENDS AND HAS ALREADY EXPENDED FUNDS. BUT ALSO HOW THEY INTEND TO MOVE FORWARD WITH PLANS THAT THEY MAY HAVE FOR OTHERS THAT MIGHT NOT BE ENCUMBERED YET. AND THEN THE REMAINDER OF THE $20 MILLION ACCOUNT. I HOPE THAT WE CONTINUE TO BOLSTER THIS ACCOUNT BECAUSE WE'RE GOING TO NEED OUTSIDE OF THE WORKFORCE HOUSING FUND WHICH HAS CERTAIN LIMITATIONS, THIS FUND ALLOWS MORE FLEXIBILITY. THE AMENDMENT IS RETITLING THE BILL. IT'S DESIGNATING THE FUND TO MAKE IT CLEAR IT'S A HOUSING FUND. AND IT'S REQUIRING ALSO THAT WE GET -- THE FUTURE COUNCIL GET AN ANNUAL REPORT IN THE THIRD QUARTER WHICH IS CONVENIENTLY GOING TO BE FOR THE NEXT COUNCIL TAKING OFFICE ON THE FIRST OF JANUARY TO RECEIVE A PLAN DURING THAT QUARTER OF THAT NEXT YEAR AND SUBSEQUENT YEARS FROM FROM THE DEPARTMENT ON HOW THEY INTEND TO SPEND THE FUNDS. THE AMENDMENT DOES MAKE THIS CHANGE TO THE TITLE, WITH REGARD TO THE NAME OF THE FUND. IT DELETES LANGUAGE THAT SAYS THERE'S A BALANCE BECAUSE AT THE TIME WE DRAFTED THIS WE THOUGHT THE BALANCE WAS STILL THERE. WE'RE GOING TO DELETE THAT BECAUSE IT'S INACCURATE AT THIS POINT. AND THEN WE ARE GOING TO CHANGE THE NAME OF THE FUND. AND NUMBER FOUR IS ADDING, THIS IS THE MOST IMPORTANT PART, ADDING A SECTION READING ADMINISTRATION SHALL SUBMIT AS AN EXECUTIVE COMMUNICATION REPORT TO THE COUNCIL CAN DALING THE STATUS OF THE HOUSING FORWARD FUND INCLUDING THE CURRENT BALANCE AND ACCOUNTING OF THE FUND. IT SHALL ALSO INCLUDE THE DETAILS OF ALL COMPLETED, AND CONCERNED AND PLANNED PROJECTS THAT UTILIZE THE FUND. SUBMITTED EVERY THIRD QUARTER DURING THE FISCAL YEAR AND THE FIRST REPORT IS DUE BY THE END OF MARCH, 2024. THAT GAVES THE DEPARTMENT A CHANCE TO -- I KNOW THEY HAVE PROJECTS IN THE WORKS. THOSE WILL BE REPORTED AT THE CITY COUNCIL AND THERE WILL BE A DISCUSSION AND CLARITY FOR THE FUTURE COUNCILS AND THE PUBLIC ON HOW THIS WILL BE USED. >>COUN. DAVIS: ANY QUESTION OR COMMENT FROM THE ADMINISTRATION? GOING ONCE. >> COUNCILOR DAVIS, AND COUNCILOR BENTON, APPRECIATE THE AMENDMENT. I THINK IT ADDS INCREDIBLE VALUE. WE APPRECIATE THE OPPORTUNITY TO TELL EXACTLY HOW THE FUNDS ARE BEING ALLOCATED AND SUPPORT HOUSING IN OUR COMMUNITY. >>COUN. DAVIS: SEEING NO OTHER DISCUSSION. PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: I WANT TO NOTE WE HAD ONE SPEAKER, BUT I DON'T SEE HIM PRESENT. WE'RE GOING TO MOVE ON. COUNCILOR BENTON, BACK ON YOUR BILL. >>COUN. BENTON: THANK YOU FOR PAST AND HOPEFULLY FUTURE SUPPORT FOR AFFORDABLE HOUSING. I URGE YOUR SUPPORT. >>COUN. DAVIS: ANY FURTHER DISCUSSION OR QUESTIONS? SEEING NONE. PLEASE CALL THE ROTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: WE'VE COVERED ITEMS F AND G. WE HAVE 15 MINUTES. WE MAY DO THIS. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THIS IS R-180 APPROVING AND AUTHORIZING THE ACCEPTANCE OF GRANT AWARDS AND PROVIDING APPROPRIATIONS. I MOVE A DO PASS. SDMRD BLPG. >>COUN. DAVIS: >>COUN. DAVIS: SECOND. WE DON'T HAVE ANY SPEAKERS? ANY QUESTIONS? ANYTHING FROM THE ADMINISTRATION? >>COUN. FIEBELKORN: MY CLOSE IS WE NEED TO ACCEPT MONEY FROM FEMA. IT'S FOR A GOOD CAUSE. BY REQUEST. I URGE YOUR SUPPORT. >>COUN. DAVIS: SEEING NO OTHER DISCUSSION. MOVE TO THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. DAVIS: COUNCILOR JONES IS EXCUSED. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: COUNCILOR BENTON. I-81. >>COUN. BENTON: THANK YOU MR. PRESIDENT. IT'S DIRECTING THE CITY OF ALBUQUERQUE TRANSIT DEPARTMENT AND RIO METRO REGIONAL TRANSIT DISTRICT TO CONDUCT THE STUDY FOR CONSIDERING CONSOLIDATION AND APPROPRIATING FUNDING FOR THE STUDY. I MOVE A DO PASS. >>COUN. DAVIS: SECOND FROM COUNCILOR FIEBELKORN. >>COUN. BENTON: COUNCILORS, THIS IS COMING BACK TO US. WE PASSED THIS LAST MONTH. THEN IT WENT TO THE RIO METRO TRANSIT DISTRICT. MADE A FAIRLY MINOR AMENDMENT TO WHAT WE'RE CONTENDING TO DO. AND COUNCILOR BASSAN WILL BE HAPPY TO NOTE IT REMOVED THE WORD PLAN. IT DOES HAVE A STUDY. THAT WAS THE SIMPLE THING. THERE WAS CONFUSION OF HOW CAN YOU DO A STUDY AND HAVE A PLAN. I THINK THERE'S ISSUES WITH NOMENCLATURE. BUT THERE'S RATIONALE TO THAT. WHAT WE REALLY ALWAYS WANTED WAS A STUDY. THAT STUDY PROBABLY WOULD DESCRIBE SOMETHING LIKE A PLAN. IT WOULDN'T BE AN ACTUAL PLAN. BECAUSE WE STILL HAVE TO GO TO THE INDIVIDUAL AND TO MOVE FORWARD WITH ANY POSSIBLE CONSOLIDATION. THAT WAS A SMALL CHANGE THAT WAS TO THE TITLE AND TO THE DESCRIPTION OF THE PROJECT AND WHAT HAS BEEN CHALLENGED FROM WHAT WE PASSED ON THE 3rd OF OCTOBER. >>COUN. DAVIS: THANK YOU, COUNCILOR. THANK YOU FOR MANAGING THIS ONE. WE HAVE ONE SPEAKER SIGNED UP. IS HE HERE? >> HE IS NO LONGER IN ZOOM. >>COUN. DAVIS: WE CAN MOVE ON FROM THAT. ANY QUESTIONS FROM COUNCIL OR FROM THE ADMINISTRATION? I KNOW IT'S A CLEAN UP FROM THAT PIECE. >>COUN. PEÑA: I HAVE A QUESTION. THANK YOU, MR. PRESIDENT. JUST A QUICK -- DIRECTOR, DOES RIO METRO HAVE UNION WAGES? WE WORKED REALLY HARD -- I KNOW WE PASSED THIS AND THIS IS THE AMENDMENT AND I VOTED AGAINST IT LAST TIME AND I'LL VOTE AGAINST IT THIS TIME. I DON'T THINK WE PAY OUR BUS DRIVERS ENOUGH TO BEGIN WITH. PARTNERING WITH A COMPANY THAT DOESN'T PAY UNION WAGES OR ISN'T UNIONIZED. I HAVE AN ISSUE WITH THAT. WE'VE COME A LONG WAY WORKING WITH BUS DRIVERS AND WE'VE DUP DONE A GOOD JOB. I HATE TO SEE IT GO TO RIO METRO. >>COUN. BENTON: MR. PRESIDENT, I'LL ASK MR. MENACUCCI, IF HE'S AWAKE, WE ADDRESSED THAT. IT WOULD BE ACKNOWLEDGED AND SAID THAT ANY OF OUR CURRENT TRANSIT DRIVERS -- >> BRIEFLY ON THAT POINT. >> YES, MR. PRESIDENT. YOU PUT IT IN AND HELPED IT IN WRITING THAT YOU HAVE A PROVISION THAT YOU WORK WITH THE LOCAL UNION REPS IN ALBUQUERQUE. IT IS IN HERE ON THE ORIGINAL BILL. >>COUN. BENTON: IT DOES ADDRESS THAT. AGAIN, THIS IS A STUDY TO LOOK AT THAT AND IT'S ONE OF THE CONSIDERATIONS THAT WOULD ABSOLUTELY BE HAVING TO BE DEALT WITH. AND IT ALSO SUGGESTS THERE COULD BE OPPORTUNITIES FOR OTHER POSITIONS IN A CONSOLIDATED ORGANIZATION. >> YES, MR. PRESIDENT. IT'S SECTION THREE. STUDY AND RECOMMENDATIONS TO ENSURE CURRENT UNION POSITIONS IN THE CITY OF ALBUQUERQUE TRANSITDERMENT WILL BE UNIONIZED AND EXPLORE THE POTENTIAL OF TENGSDING IT TO EMPLOYEES IN POSITIONS UNIONIZED. >>COUN. PEÑA: I JUST WANT TO KNOW -- [ INAUDIBLE ] -- ENSURING THEY'RE UNIONIZED. WE'RE NOT SAYING THAT. IF WE WERE TO, THEN WHOEVER IS HIRED AFTER THAT WOULDN'T HAVE THAT SAME REQUIREMENT. SIMILAR TO WHEN WE WENT WITH RECYCLING. WE LOST A LOT OF UNION JOBS AT THE CITY. AND WENT TO FREEDMAN AND AS YOU KNOW THAT WAS A DISASTER AND THEY WEREN'T -- THE WORKERS WEREN'T PAID VERY WELL. >>COUN. DAVIS: SEEING NO OTHER DISCUSSION. WE'LL MOVE TO OUR VOTE. COUNCILOR JONES IS EXCUSED. >>COUN. BASSAN: NO. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: NO. >>COUN. SANCHEZ: NO. >>COUN. DAVIS: YES. >> THAT PASSES ON A 5-3 VOTE. >>COUN. DAVIS: THAT PASSES. OUR LAST ITEM, I THINK, WE'VE GOT EVERYTHING ELSE. INTERGOVERNMENTAL RELATIONS TEAM. R-182. COUNCILOR BASSAN, COUNCILOR PEÑA, COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: IT'S ESTABLISHING LEGISLATIVE AND BUDGET PRIORITY FOR THE CITY OF ALBUQUERQUE FOR THE SECOND SESSION OF THE 56th NEW MEXICO STATE LEGISLATURE. I MOVE A DO PASS. >>COUN. DAVIS: SECOND FROM COUNCILOR BASSAN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS THE BILL THAT COUNCILOR PEÑA AND COUNCILOR BASSAN AND I HAVE BEEN WORKING ON IN THE INTERGOVERNMENTAL RELATIONS COMMITTEE. I BELIEVE EVERYONE HAD MULTIPLE CHANCES TO LOOK AT IT. WE DID HAVE EVERYONE INDIVIDUAL PRIORITIES IN HERE. A LOT OF DISCUSSION AROUND THE CITY-WIDE ONE. I THINK WE HAVE COMPLETE AGREEMENT NOW. AND WE JUST WANTED TO GET THIS DONE BECAUSE IT'S ON THE TIMELINE OF THE CHANGES WE NEED FOR THE LANGUAGE FOR THE IGR. WE WANT TO HAVE THE FIRST YEAR ON TIME. >>COUN. DAVIS: BEFORE WE GO TO DISCUSSION. WE HAVE ONE SPEAKER SIGNED UP. >> THANK YOU, MR. PRESIDENT. IS THERE A CARLOS? >>COUN. DAVIS: I DON'T THINK HE'S HERE. >> THAT IS OUR LONE SPEAKER. >>COUN. DAVIS: ALL RIGHT. TO THE OTHER SPONSORS. COUNCILOR BASSAN, ANYTHING? >>COUN. BASSAN: I URGE YOUR SUPPORT. >>COUN. DAVIS: LAST BUT NOT LEAST. >> WE ABSOLUTELY APPRECIATE THE OPPORTUNITY TO WORK WITH COUNCIL THROUGH THE IGA TO MOVE FORWARD THE PRIORITIES OF THE CITY AND COUNCIL. THANK YOU. >>COUN. DAVIS: COUNCILOR SANCHEZ GET THE LAST WORD. >>COUN. SANCHEZ: I GET THE LAST WORD. I JUST WANT TO MAKE SURE THAT I'M GOING TO BE WORKING WITH THE ADMINISTRATION, I WANT TO GET THEM TO BE ABLE TO SEE THE TWO PRIORITIES THAT WE'RE LOOKING AT. REALLY SIMILAR. MY PRIORITY VERSUS WHAT THE MAYOR'S PRIORITY IS. I'M REALLY LOOKING FORWARD TO SITTING AND HAVING A MEETING WITH THE MAYOR AND SEE IF WE CAN GET THIS WORKED OUT IN A POSITIVE WAY. THANK YOU. >>COUN. GROUT: MR. PRESIDENT. THANK YOU. I HAVE A QUESTION. THIS IS THE SAME LEGISLATION OR SIMILAR ONE WE PASSED LAST YEAR THAT DIDN'T GET PUT IN TO THE ONE THAT WAS GOING TO SANTA FE, RIGHT? IS THAT CORRECT? >>COUN. DAVIS: MR. PADILLA, DO YOU RECALL? >> COUNCIL PRESIDENT, COUNCILOR GROUT YES. THAT DID NOT MAKE IT INTO THE BOOK LAST YEAR. I WILL BE WORKING WITH THE ADMINISTRATION TO MAKE SURE THE THINGS WE MISSED LAST YEAR WILL BE IN THERE THIS YEAR. >>COUN. GROUT: EVERYTHING IN THERE PASSING TONIGHT WILL BE FORWARDED TO SANTA FE? >> COUNCIL PRESIDENT, COUNCILOR GROUT, COUNCIL STAFF WILL FORWARD IT TO SANTA FE. IF YOU'RE TALKING ABOUT WHAT'S GOING INTO THE BOOK, ASK THE ADMINISTRATION. >>COUN. GROUT: ADMINISTRATION. >> WE ARE COMMITTED TO THE PROCESS AND MAKE SURE IT GETS IN THE BOOK. >>COUN. GROUT: PERFECT. THANK YOU. >>COUN. DAVIS: LONG NIGHT AND EARLY MORNING. >>COUN. GROUT: THANK YOU. >>COUN. DAVIS: SEEING NO OTHER DISCUSSION ON ITEM J. WE'LL CALL THE LAST VOTE. ROLL CALL ONE MORE TIME. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: 12:55. WE DID IT. THANK YOU. THERE BEING ANOTHER BUSINESS, THIS MEETING IS ADJOURNED.