Albuquerque City Council Meeting - May 6, 2024

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>>COUN. LEWIS: GOOD EVENING, EVERYONE. THE NINTH MEETING OF THE 26th COUNCIL WILL COME TO ORDER. ALL COUNCILORS ARE PRESENT. WE'LL HAVE THE MOMENT OF SILENCE AND PLEDGE OUT OF ALLEGIANCE IN ENGLISH AND SPANISH. >> 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. LEWIS:. >>COUN. GROUT: CIVIC PLAZA PARKING PASSES FOR PROVIDED FOR MEMBERS OFT PUBLIC. YOU CAN OBTAIN ONE FROM COUNCIL STAFF. MEMBERS OF THE PUBLIC, CITY STAFF AND THE MEDIA HAVE THE ABILITY TO VIEW THIS MEETING IN PERSON AND ON LIVE STREAM THROUGH FOUR DIFFERENT PLATFORMS. GOVTV CHANNEL 16. GOVTV WEBSITE, YOU TUBE AND ZOOM. LIVE STREAMS CAN BE ACCESSED FROM MOST SMART PHONES, TAB LALITYS AND COMPUTERS. ALSO, THIS MEETING IS CLOSED CAPTIONED AND YOU MAY ENABLE INSERVICES ON YOUR TELEVISION OR DEVICE AT THIS TIME. THE VIDEO ORDING OF THIS AND ALL PAST COUNCIL MEETINGS WILL REMAIN AVAILABLE FOR VIEWING OTTHE CITY COUNCIL WEBSITE. COUNCIL STAFF IS AVAILABLE VIA TELEPHONE IF YOU NEED ASSISTANCE FINDING VIDEOS ONLINE. CALL 505-768-3100 DURING MONDAY THROUGH FRIDAY 8 A.M. TO 5 P.M. THE COUNCIL WILL TAKE A BREAK AT APPROXIMATELY 7 P.M. WITH REGARD TO DECORM WE WANT TONIGHT'S PROCEEDINGS TO BE AS CIVIL AND RESPECTFUL AS POSSIBLE. NO APPLAUSE OR OUTBURSTS. THE MEETING WILL GO SMOOTHER SPHWE'RE RESPECTFUL OF ONE ANOTHER. >>COUN. LEWIS: WE'RE ON PROCLAMATIONS AND PRESENTATION. WE'LL START WITH IT. NATHAN WATSON AND DEPUTY CLERK TO ACCEPT. WHEREAS INOFFICE OF THE PROFESSIONAL EUPCLERK EXIST HAS THE OLDEST AMONG PUBLIC SERVIENT AND THE OFFICE OF THE PROFESSIONAL MUNICIPAL CLERK PROVIDES THE LINK BETWEEN THE CITIZENS LOCAL GOVERNMENT, BODIES AND AGENCIES OF GOVERNMENT AT ALL LEVELS. WHEREAS, PROFESSIONAL MUNICIPAL CLERKS HAVE PLEDGED TO BE MINDFUL OF NEUTRALITY AND IMPARTIALITY. AND SERVES AS THE INFORMATION CENTER ON FUNCTIONS OF LOCAL GOVERNMENT AND COMMUNITY. AND WHEREAS THE CLERK CONTINUALLY STRIVES TO IMPROVE THE ADMINISTRATION OF THE AFFAIRS OF THE THE ANTICIPATION AND EDUCATION PROGRAMS, AND ANNUAL MEETS OF THE STATE AND COUNTY AND INTERNATIONAL ORGANIZATIONS. AND MOST APPROPRIATE THAT WE RECOGNIZE THE ACCOMPLISHMENTS OF THE OFFICE OF THE MUNICIPAL CLERK. BE IT FOR CLAIMED THE COUNCIL THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE PROCLAIMS THE WEEK OF MAY 5th THROUGH MAY 11, 2024 AS PROFESSIONAL MUNICIPAL CLERK'S WEEK. WE'LL GIVE YOU A HAND. [ APPLAUSE ]. MR. CLERK, WELCOME. >> THANK YOU, COUNCIL PRESIDENT, MEMBERS OF THE COUNCIL. AS YOU KNOW, THE CLERK'S OFFICE WORKS REALLY HARD ON HEARING, AND IPRA AND RECORDS MANAGEMENT FOR COUNCIL AND THE CITY. WE ARE THRILLED TO HAVE THE RECOGNITION ON THIS MOST HALLOWED OF CLERK'S WEEKS. THE PROFESSIONAL MUNICIPAL CLERK'S WEEK. WE APPRECIATE THE RECOGNITION. WITH ME TONIGHT IS CHRIS PECK OUR CITY CLERK WHO CAME TO US FROM THE DISTRICT COURT WHERE HE WORKED TEN YEARS ON THE MORTGAGE SETTLEMENT FORECLOSURE PROGRAM. HE'S WORKED TO MODERNIZE THE FUNCTIONS AROUND RECORDS. >>COUN. LEWIS: THANK YOU FOR SERVING. AND WE HOPE YOU GET A LOT OF HONOR THIS WEEK AND RECOGNITION FOR ALL THAT YOUR OFFICE DOES. WE APPRECIATE YOU. COUNCILORS, ANY COMMENTS OR QUESTIONS FOR THE CLERK? THANK YOU VERY MUCH. APPRECIATE IT. [ APPLAUSE ]. >>COUN. LEWIS: NEXT WE HAVE A PRESENTATION FROM THE ASSOCIATE ADMINISTRATIVE OFFICE REGARDING ACS. MS. RUIZ-ANGEL. WELCOME. >> THANK YOU, COUNCIL PRESIDENT, LEWIS, CITY COUNCILORS. START MY FIVE MINUTES. TODAY I'LL PRESENTING ON OUR 24-7 OPERATIONS. WE TALKED ABOUT WANT TO MAKE SURE EVERYBODY WAS BRIEFED ON THE OUTCOMES OF THIS AND MAKING SURE SAFETY WAS AT THE FOREFRONT. VERY BRIEFLY, AS MANY OF YOU KNOW WE STARTED, IT'S BEEN TWO AND A HALF YEARS, WE DID COMMUNITY ENGAGEMENT AND IMPLEMENTATION AND STARTED SLOW. WE INCREASED SIX MONTHS IN AND AT TWO AND A HALF YEARS WE'RE 24-7. IN THE LAST TWO AND A HALF YEARS WE'VE TAKEN OVER 63,000 CALLS FOR SERVICE. WE'RE ON PACE FOR 46% INCREASE. SINCE FY23. AND AGAIN WE ARE LESS THAN 2% OF CITY BUDGET. YOUR BANG FOR THE BUCK IS THERE. ADDITIONALLY, WE WANTED TO PHASE THIS OUT. PART OF THIS WE WANTED TO MAKE SURE THAT POLICE AND FIRE -- THEIR FEARS WAS THIS WAS GOING TO BE A BURDEN ON THEM. IT HASN'T BEEN. THIS IS ABOUT BUILDING CAPACITY TO BE A BRIDGE FOR THE COMMUNITY AND COMMUNITY PARTNERS. LASTLY, AS CITIES ACROSS THE NATION HAVE BEEN DOING THIS, IT'S BIPARTISAN, IT'S SOLUTIONS, IT'S ABOUT EVOLVING AND MAKING SURE WE MOVE WITH THE WAY THAT WE NEED TO AS WE NOW HAVE ISSUES LIKE HOMELESS EPIDEMICS, AND INCREASED IN NOT HAVING ENOUGH HOUSING. WE HAVE TO FIGURE THIS OUT. YOU'LL SEE THE GRAPHS. WE ALSO SHOW OUR MARCH NUMBERS AND SHOW YEAR TO DATE AS WELL. THIS IMPACTS EVERY DISTRICT NOT JUST THOSE THAT ARE SOCIOECONOMIC AREAS. THIS IS ALSO ABOUT CONTINUITY OF SERVICES. A BIG ASK WHEN WE BECAME 24-7 WAS POLICE AND FIRES WERE THE ONE ASKED. WHEN ARE YOU GOING LONGER HOURS AND 24-7. I'M GOING TO BE HONEST. WE WEREN'T NECESSARILY IN MY OPINION READY. WE ROSE TO THE OCCASION. THE COMMUNITY WANTED THIS. WE'RE FINDING PEOPLE AT 10, 2 A.M. IN THE MORNING WHO NEEDED SUPPORT. ULTIMATELY THAT'S WHAT THIS IS ABOUT. WE'VE TAKEN 5800 GRAVEYARD RESPONSES ALONE. AND 11,000 MORE CALLS THIS YEAR THAN COMPARED TO LAST YEAR AS A WHOLE. WE TRULY INTEGRATED INTO PUBLIC SAFETY. THAT MEANS THAT APD IS PRIORITY FOR US. WHEN CALLS NEED TO COME THROUGH AND NEED OUR SUPPORT, WE PRIORITIZE CALLS FOR THEM. AND PRIORITIZING THE CALLS FOR THE COMMUNITY. OUR TRIAGE ALLOWS US TO DO THAT BETTER. AND WE HAVE HEADQUARTERS IN THE INTERNATIONAL DISTRICT WHICH IS ONE OF THE MAJOR AREAS. JUST TO HIGHLIGHT ON THIS SLIDE, WE'VE ALSO DONE TRANSPORT. THIS IS A BIG NEED FOR OUR COMMUNITY. AND SO YOU CAN SEE HERE THAT WE'VE DONE 3,000, THAT'S YEAR TO DATE. OF JUST GRAVEYARD ALONE WAS 1800. TO WRAP UP, THIS IS ABOUT BUILDING 24-7 AND CAPT FOR THE COMMUNITY. SO HAS ACS IN GENERAL. WE'VE DONE TRANSPORTATION ISSUES, GO TO THE HOSPITAL, PD AND FIRE CAN'T DO THAT. WE CAN TAKE PEOPLE TO PROVIDERS, WE CAN TAKE PEOPLE TO SHELTERS. WE CAN GET PEOPLE TO WHERE THEY NEED TO GET FOR SERVICES. THIS IS ALSO ABOUT BUILDING A STRONGER COMMUNITY COLLABORATION AND PARTNERSHIP. WE NEED TO WORK TOGETHER COLLABORATIVELY. WE ROSE TO THE OCCASION. WE DIDN'T KNOW WE WERE GOING TO HAVE THE INCREASE OF HOMELESS CALLS. AGAIN, 24-7 THERE'S NO COMPETITION BECAUSE THERE'S HARDLY ANY, AND I CAN'T ACTUALLY NAME ONE GROUP THAT RUNS 24-7 AT NIGHT. LASTLY, WE HAVE GRANTS. WE'LL TALK MORE ABOUT. AND TO FINALIZE ON THE HORIZON, A LOT OF YOU ASKED DURING THE COMMITTEE OF THE WHOLE ABOUT WHAT DO WE NEED TO FILL THE GAPS. FROM LOOKING AT OUR MOST RECENT NUMBERS, TEN YOU'RE -- MORE UNITS ACROSS THE BOARD. TEN AT NIGHT AND GRAVEYARD, SWING SHIFT WHICH IS A VERY POPULAR TIME AND TO BE ABLE TO FILL THE DAY. THIS IS A VERY BAKE LEVEL. WITH WON'T MEAN WE WON'T HAVE MORE OBSTACLES AS WE GROW. IN ORDER FOR US TO MEET THE DEMAND WE HAVE NOW. WE ALSO KNOW THAT MEDICAID HAS EXPANDED. AND SO WE ARE IN THE PROCESS OF BEING MEDICAID QUALIFIED SO WE CAN GET REM IMBURSED FOR REVENUE AND TRANSPORT EFFORTS WE HAVE. BOTH WILL BE COVERED MOVING FORWARD. AND MOVING INTO THE HEADQUARTERS WE'LL GET THAT AREA WE KNOW HAVE NEEDED SO MUCH ATTENTION AND OUR COLLABORATIONS CONTINUE WITH ACS, APD AND COMMUNITY. I'LL OPEN IT UP. SEVEN SECONDS LEFT FOR QUESTIONS. >>COUN. LEWIS: ANY COMMENTS? COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. I KNOW YOU ARE DOING REAL HARD TO MAKE SURE WE HAD SAFETY AT THE UTMOST PRIORITY. I KNOW YOU'RE WORKING ON THAT. AND YOU'RE DOING THE TRAINING ON THAT. WE WALKED ABOUT THAT IN THE COMMITTEE OF THE WHOLE. A QUESTION I HAVE ALSO, AND I KNOW THIS HAPPENS OFTEN, IS THERE A WAY FOR WHEN A POLICE OFFICER IS TRANSPORTING AN INDIVIDUAL TO BOOKING, BECAUSE I KNOW FROM BEING A POLICE OFFICER IN THE PAST EVERYBODY DEVELOPED SOME SORT OF IMMEDIATE EMERGENCY INSTEAD OF GOING TO JAIL. IF THERE'S A WAY YOU RELIEVE THAT OFFICER, AND IT'S SOMETHING TO THINK ABOUT, RELIEF THAT OFFICER SO HE CAN GET INTO SERVICE SO HE DOESN'T HAVE TO WASTE ALL OF THE HOURS, PRECIOUS LAW ENFORCEMENT HOURS AT THE JAIL AND FROM THE JAIL COMING BACK FROM THE HOSPITAL AND BACK TO THE JAIL, THAT'S SOMETHING WE NEED TO PROBABLY WORK ON BETWEEN THE POLICE DEPARTMENT, YOUR OFFICE. BECAUSE YOU DID MENTION TRANSPORT WAS ONE OF THE FUNCTIONS. I WOULD REALLY LIKE TO SEE THAT TRANSITION TO HELP THE POLICE OFFICER GET BACK INTO SERVICE. >> COUNCIL PRESIDENT, COUNCILOR SANCHEZ, WE DO WORK PRETTY COLLECTIVELY WITH APD. ONE OF THE THINGS WE'RE ABLE TO DO THIS LAST YEAR IS LOAN THEM OUR SUN VAN THAT HAS WHEELCHAIR ACCESS. THEY WERE ABLE TO DO TRANSPORT THERE. I THINK WE'RE VERY OPEN TO ANY MORE COLLABORATION THEY WANT. THIS IS TRICKIER BECAUSE THEY'RE IN CUSTODY FOR COMMITTING A CRIME. WE WANT TO MAKE SURE WE FOLLOW ALL PROCESSES. I WILL SAY THAT I THINK THE BIG LOAD IS THAT WHEN YOU'RE IN A MENTAL HEALTH CRISIS OR DEALING WITH DOMESTIC VIOLENCE THOSE TAKE HOURS TO HANDLE. I THINK THE BIG PART IS TAPPING IN SO THEY CAN TAP OUT. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. I DO UNDERSTAND THE FACT THERE WOULD BE AN ISSUE BEING THE FACT THAT THEY'RE IN CUSTODY. SOMETHING THE POLICE DEPARTMENT CAN GET WITH YOU AND FIND A WAY TO IRON THAT OUT. THERE'S THE ISSUE OF THEM BEING IN HANDCUFFS. >>COUN. LEWIS: COUNCILORS, ANY OTHER COMMENTS? DIRECTOR, THANK YOU FOR THE PRESENTATION. APPRECIATE IT. NEXT PRESENTATION BY COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I'M EXCITED TO HAVE A PRESENTATION FOR PARTICIPATEORY BUDGETING. IN OUR DISTRICT, OUR DISCONDITIONARY CAPITAL WILL BE THROUGH A PARTICIPATORY PROCESS. WE HAVE STUDENTS FROM UNM TO HELP US WITH THIS PRESENTATION. I WANT TO WELCOME THOSE WHO ARE GOING TO DO A PRESENTATION FOR US ON PARTICIPATORY BUDGETING. THANK YOU FOR BEING HERE. >> THANKS. ARE THE SLIDES UP? OKAY, HERE WE ARE. ALL RIGHT. HELLO, I'M CHE, THIS IS ABBEY, WE'RE TALKING ABOUT THE BUDGETING. PB, FOR SHORT. WE'RE NOT HERE TO TRY TO PROPOSE ANY LEGISLATION RIGHT NOW. WE JUST WANT TO GIVE YOU AN IDEA OF WHAT PARTICIPATORY BUDGETING IS ABOUT. PARTICIPATORY BUDGETING IS A PROCESS OF MAKING PROJECTS -- FUNDING PROJECTS WITH FUNDS FROM PUBLIC MONEY. THE FIRST STEP IS COMMUNITIES COMING UP FOR THE IDEAS. THE SECOND STEP IS THE GOVERNMENT AND THE COMMUNITY WORKING TOGETHER TO DEVELOP THOSE PROJECTS, COME UP WITH A SOLID BUDGET AND TIMELINE AND ALL THOSE KINDS OF THINGS. AND THIRD STEP IS KICKING IT BACK TO THE COMMUNITY TO DECIDE WHICH PROJECTS THEY WANT TO GO FORWARD WITH. THERE'S A COUPLE OF REASONS WHY WE THINK PARTICIPATORY BUDGET IS A COOL IDEA. THE FIRST IS IT PROMOTES A STRONGER CIVIL SOCIETY. WHEN PEOPLE ARE ABLE TO GET INVOLVED IN THE PROCESS OF COMING UP WITH PROJECTS, OF SEEING HOW LONG IT TAKES AND HOW MUCH DOES A MILLION DOLLARS GET YOU AND THESE KINDS OF THINGS, THEY GET MORE ENGAGED IN GOVERNMENT AND MORE ENGAGED IN THEIR COMMUNITY. THE OTHER THING TO THAT POINT IS WHEN YOU HAVE PARTICIPATORY BUDGETING WE'RE ABLE TO TAKE PEOPLE WHO ARE TEACHERS OR SMALL BUSINESS OWNERS WHOSE INTERACTION WITH GOVERNMENT HAS ONLY BEEN AT THE BALLOT BOX AND TURN THEM INTO COMMUNITY LEADERS THAT CHAMPION IDEAS. AND REPRESENT THE LOCAL COMMUNITIES. FINALLY, BY HAVING PEOPLE WHO ARE IN A COMMUNITY COME UP FOR IDEAS FOR THE COMMUNITY THEY'RE ABLE TO UNLOCK INNOVATION AND POTENTIAL EFFICIENCIES. >> WHERE PB IS. IT HAS OCCURRED OVER 11,000 INTERNATIONAL JURISDICTIONS. OVER 100 IN THE U.S. PB REALLY AIMS TO BUILD A PLATFORM FOR INDIVIDUAL VOICES OF THE COMMUNITY TO EXPRESS WHAT IS TRULY NEEDED OR WHAT THEY FEEL IS BENEFICIAL TO THEIR COMMUNITY AND THEIR FAMILIES AND FRIENDS. A FEW GOOD EXAMPLES OF PB WOULD BE PB IN NEW YORK CITY. PBNYC. IT WAS LAUNCHED IN 2011. NOW TODAY IT HAS 29 BIPARTISAN COUNCIL MEMBERS INVOLVED WITH OVER $30 MILLION TOWARD THEIR ANNUAL BUDGET. IT'S HIGHLY SUCCESSFUL AND THE LEADERS OF THEIR PB DO ATTEND THE NATIONAL OR WORLD SOCIAL FORUM IN BRAZIL EVERY YEAR. ANOTHER GOOD EXAMPLE WOULD BE TUCSON, THE BUDGET DEL LA GENTE. IT WAS DECIDED BY 1,130 VOTERS IN WARD ONE IN TUCSON, ARIZONA. IT FUNDED OVER 20 COMMUNITY PROJECTS. AND THIS YEAR THEY HAVE A BUDGET OF $450,000 WITH OVER 250 PROPOSALS SUBMITTED. SO WHY PB IN ALBUQUERQUE? PB IS IMPORTANT, ESPECIALLY IN ALBUQUERQUE, BECAUSE ALBUQUERQUE IS A CULTURELY DIVERSE CITY THAT HAS A STRONG SENSE OF COMMUNITY WITH MANY INDIVIDUALS THAT HAVE STRONG OPINIONS AND IDEAS THAT WOULD HAVE HEAVILY BENEFIT THE COMMUNITY AS A WHOLE. AND PW REALLY ALLOWS FOR THE AUTONOMY HAVE THE COMMUNITIES VOICES TO BE INPUT AND GO TOWARD AND INFLUENCE WHERE DISCONDITIONARY FUNDS ARE PUT IN THEIR OWN COMMUNITIES THAT THEY'RE INVOLVED IN. THANK YOU SO MUCH. I WILL OPEN IT UP FOR QUESTIONS. >>COUN. ROGERS: THANK YOU SO MUCH FOR YOUR TIME. I'M EXCITED TO CONTINUE TO WORK WITH YOU ALL. I WANT TO POINT OUT AT UNM WE HAVE THE WORLD RENOWNED LEADER FOR PARTICIPATORY BUDGETING. I'M EXCITED WE CAN TAP INTO THE GUY WHO HELPED NEW YORK DO THIS. AND HE'S RIGHT HERE AT UNM. THEY'RE PUTTING A PLAN TOGETHER FOR US. SO DISTRICT SIX CONSTITUENTS CAN WEIGH IN ON WHAT WE DO. IT'S A LEARNING ACTIVITY. I HAD NO CLUE HOW MUCH A STREET LIGHT COSTS OR A ROAD PROJECT COSTS. I THINK IT WILL HELP FOLKS LEARN HOW MUCH STUFF COSTS. THANK YOU SO MUCH. >> THANK YOU SO MUCH. >>COUN. LEWIS: THANK YOU. ITEM FOUR. THIS IS ADMINISTRATION Q&A. COUNCILORS, ANY COMMENTS OR QUESTIONS FOR THE ADMINISTRATION? COUNCILOR FIEBELKORN THEN COUNCILOR SANCHEZ. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I JUST HAD A QUICK QUESTION FOR THE ADMINISTRATION. A COUPLE OF WEEKS AGO WHEN THERE WAS A DERAILMENT ON THE TRACK OVER NEAR INARIZONA BORDER, I GOT AN EMAIL FROM CONSTITUENTS THAT WERE WORRIED ABOUT PEOPLE STRANDED IN ALBUQUERQUE. I HAVE TO SAY I HAVE NOT THOUGHT ABOUT THAT. I TEXTED DR. SENGEL AND I WANTED TO FIRST OF ALL THANK THE THREE MEMBERS OF THE STAFF THAT WENT IMMEDIATELY TO THE DOWNTOWN TRAIN STATION AND FOUND FOLKS THAT WERE STRANDED. AND HELPED THEM. I JUST WANTED TO THANK PAT MONTOYA, MICHAEL RILEY, AND MICHAEL ARCHULETA. AND I'M SURE THERE'S OTHERS. BUT IT WAS NICE TO SEE HOW QUICKLY WE RESPONDED AND HELPED PEOPLE THAT WERE STRANDED AND HAD NO MONEY. I WANTED TO ASK IF THEY GOT TO THE FINAL DESTINATION OR PUT ON TRAINS? >> MR. PRESIDENT, COUNCILOR FIEBELKORN, UNFORTUNATELY I DON'T KNOW THAT ANSWER. WE'RE ABLE TO RESPOND AND PROVIDE THEM WITH SUPPORT TO HAVE HOTEL ROOMS AND ENSURE THEY'RE NOT STRANDED AND WITHOUT FOOD OR ALL THE THINGS YOU DON'T PLAN FOR WHEN YOU ARE STRANDED. IT WAS GREAT GROUP OF FOLKS FROM THE CITY THAT RALLIED AND WERE THERE AND IMMEDIATELY TO MAKE SURE WE FOLLOWED TRUE. I THINK IT TOOK A FEW TIMES WE HAD TO GO DOWN. BECAUSE MORE THAN ONE TRAIN COMES INTO ALBUQUERQUE EACH DAY. AND I REALLY APPRECIATE THE STAFF OF THE CITY THAT DID RALLY TO MAKE SURE WE TOOK CARE OF THESE FOLKS. >>COUN. FIEBELKORN: AGREED. AND THANKS TO PAT, AND MICHAEL. I'M IMPRESSED WITH CITY STAFF, AS ALWAYS. THANK YOU. >>COUN. LEWIS: COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. I HAVE SOME CONSTITUENTS, THIS IS A QUESTION OF THE ADMINISTRATION, I HAVE CONSTITUENTS THAT ARE VERY UPSET ABOUT THE SICK LEAVE INVOLVING FORMER CAO NAIR. I HAVE A COUPLE QUESTIONS. WHAT'S THE ADMINISTRATION'S POLICY OF SICK LEAVE ACURAL WHEN EMPLOYEES LEAVE THEIR JOBS WITH THE CITY. WE'RE NOT TALKING ABOUT FMLA OR RETIRING. IS IT FORFITTED OR DO THEY HAVE A CASH-OUT OPTION? >> MR. PRESIDENT, COUNCILOR SANCHEZ, WE HAVE SPECIFIC ORDINANCE THAT TALKS TO EACH TYPE OF LEAVE. AND VACATION LEAVE IS PAID OUT, BUT SICK LEAVE IS NOT. >>COUN. SANCHEZ: WHAT IS THE LEAVE CALLED CLO THAT IS NOT IN THE SYSTEM ORDINANCE? >> MR. PRESIDENT -- >>COUN. SANCHEZ: IT'S CALLED PAID LEAVE-OTHER. >>COUN. SANCHEZ: MR. PRESIDENT, COUNCILOR SANCHEZ, WITHIN THE MAYOR SYSTEM ORDINANCE, WE HAVE SEVERAL DIFFERENT POLICIES RELATED TO LEAVE. CLO IS CODED WITHIN PEOPLE-SOFT THAT WAS THE CODE USED FOR ANY PAID LEAVE THAT IS OTHER THAN VACATION, SICK, THE OTHER ONES THAT HAVE TITLES. >>COUN. SANCHEZ: THAT'S NOT IN THE MAYOR SYSTEM ORDINANCE. >> MR. PRESIDENT, COUNCILOR SANCHEZ, WITHIN THE MERIT SYSTEM ORDINANCE THERE IS A SECTION 3-1-16 THAT ALLOWS LEAVE WITH PAY BE GRANTED BY THE CAO AS DEEMED APPROPRIATE AND IN A BENEFIT FOR THE CITY. PLO IS USED AS A CODE TO ACCOUNT FOR THAT. >>COUN. SANCHEZ: SINCE THE CAO HAS THAT ABILITY, WHO WAS THE CAO AT THE TIME? DID SHE APPROVE HER OWN LEAVE? >> MR. PRESIDENT, COUNCILOR SANCHEZ, I BELIEVE THE CAO AT THE TIME WAS LAWRENCE RAEL. >>COUN. SANCHEZ: HOW CAN YOU HAVE TWO CAOs AT THE TIME? WHO MADE THE DECISION? WAS IT CAO NAIR OR LAWRENCE RAEL WHO WANT CAO YET? >> COUNCIL PRESIDENT, COUNCILOR SANCHEZ, WHEN CAO NAIR SEPARATED THERE WAS A MEMO THAT WAS WRITTEN THAT SPEAKS SPECIFICALLY TO HER REQUEST ABOUT SEPARATION AGREEMENT. AND THAT MEMO WAS WRITTEN TO THE -- THAT MEMO WAS WRITTEN BY THE DIRECTOR OF THE HR DEPARTMENT AT THE TIME. IT WAS COPIED TO AND INITIALLED BY HIS DIRECT REPORT THE CFO AT THE TIME. >>COUN. SANCHEZ: SO THE CAO DID NOT SIGN IT? >> COUNCIL PRESIDENT, COUNCILOR SANCHEZ, THE CAO CANNOT APPROVE HER OWN -- IF SHE HAD BEEN THE CAO AT THE TIME SHE WOULD NOT HAVE APPROVED HER OWN TIME. >>COUN. SANCHEZ: SO -- >> LAWRENCE RAEL DID NOT INITIAL THE MEMO. ANOTHER EXECUTIVE DID INITIAL IT. >>COUN. SANCHEZ: THAT'S NOT WHAT THE ORDINANCE STATES SHOULD BE DONE. >> MR. PRESIDENT, COUNCILOR SANCHEZ, I CAN CHECK INTO THE EXACT DATES ON THE MEMO AND TO WHO WAS ACTING AT CAO ON THAT DATE AND GIVE YOU THAT INFORMATION AND RESPOND TO THAT. >>COUN. SANCHEZ: OKAY, SO THIS IS IN THE NEWS AND TOP OF MIND FOR LOT OF PEOPLE FOR LONG TIME. I WOULD HAVE NOT YOU WOULD HAVE ALL THIS STUFF READY TO GO BASED ON THE FACT IT'S SOMETHING I FIGURED YOU WOULD BE READY FOR THESE KIND OF QUESTIONS. IT'S IMPERATIVE THAT IF YOU SEE SOMETHING IN THE USE THAT YOU DEAL WITH IT AND BE ABLE TO BE READY TO ANSWER THE QUESTIONS WE HAVE WHEN IT COMES TO THESE ISSUES. LET'S SE -- CAN I GET THAT INFORMATION BY WEDNESDAY? >> MR. PRESIDENT, COUNCILOR SANCHEZ, I JUST NEED TO CHECK INTO TO SEE WHO WAS ACTING ON CAO AT THAT TIME, SO WE CAN DO SO. >>COUN. SANCHEZ: WHAT OTHER EMPLOYEES IN THE LAST FIVE YEARS WERE APPROVED TO TAKE PLO, OR PAID LEAVE-OTHER THAT IS NOT IN THE ORDINANCE? >> MR. PRESIDENT, COUNCILOR SANCHEZ, I WOULDN'T HAVE THAT ANSWER OFF THE TOP OF MY HEAD. I CAN CHECK INTO THAT. I WANT TO MAKE A CORRECTION SO THAT OUR DIRECTOR OF -- ACTING DIRECTOR OF HR GIVEN ME ADDITIONAL PIECE OF INFORMATION FROM THE PREVIOUS. SICK LEAVE IS PAID OUT FROM ONE HOUR TO THREE HOUR AACUE CREWED . >>COUN. SANCHEZ: DID THE CAO HAVE THE 500 HOURS NECESSARY TO MAKE THAT TRANSITION? >> MR. PRESIDENT, COUNCILOR SANCHEZ, WE'RE NOT PAYING OUT SICK LEAVE, WE'RE PAID IN PAID LEAVE-OTHER. BASED UPON THE MERIT SYSTEM ORDINANCE 3-1-16. >>COUN. SANCHEZ: I STILL DON'T KNOW WHERE -- I STILL DON'T SEE THAT IN THE CITY MERIT ORDINANCE. THERE'S SO SUCH THING AS PAID LEAVE OTHER. >> MR. PRESIDENT, COUNCILOR SANCHEZ, THERE ARE OTHER CODES -- I'M SORRY, LEAVE TYPES WITHIN THE CODES THAT ARE CALLED FOR INSTANCE MANAGERIAL LEAVE. >>COUN. SANCHEZ: AS I SAID BEFORE, IT LEAVES A REALLY BAD TASTE IN MY MOUTH AND THE MOUTH OF THE CITIZENS OF ALBUQUERQUE TO KNOW THERE'S SOMETHING FISHY GOING ON WITH THEIR MONEY. AND FROM WHAT I CAN TELL IS PLO IS A MADE-UP TERM WE DON'T SEE IN THE CITY MERIT SYSTEM ORDINANCE. IF YOU CAN GET ME THAT INFORMATION BY WEDNESDAY, I'D APPRECIATE IT. >> MR. PRESIDENT, COUNCILOR SANCHEZ, JUST WANT TO REITERATE THAT WITHIN THE MERIT SYSTEM ORDINANCE THERE IS THIS CATEGORY THAT IS CLEARLY THE AUTHORITY OF THE CAO TO AWARD OR PROVIDE ADDITIONAL LEAVE, PAID LEAVE, BASED UPON CONSIDERATIONS THAT IS BOTH DIRECTLY AND INDIRECTLY A BENEFIT OF THE CITY. AND IN THIS CASE I BELIEVE THAT IS WHAT WAS CONSIDERED. >>COUN. SANCHEZ: OKAY. WHAT WAS THE CONSIDERATIONS? YOU'RE SAYING THAT -- THAT BROUGHT ANOTHER QUESTION. YOU'RE SAYING CONSIDERATION, WHAT KIND OF CONSIDERATION DID MS. NAIR GIVE THE CITY IN RETURN FOR THIS PLO? SINCE YOU BROUGHT IT UP. >> MR. PRESIDENT, COUNCILOR SANCHEZ, I MEANT THE CAO'S POSITION TO CONSIDER OTHER THINGS THAT BENEFIT DIRECTLY AND INDIRECTLY TO THE CITY. I WAS NOT STATING SHE HAS TO GIVE CONSIDERATION. >>COUN. SANCHEZ: IT SOUNDS LIKE THAT WOULD BE THE ONLY WAY IT WOULD WORK. THAT'S THE WAY I'M UNDERSTANDING IT. THE WAY I'M READING IT, IF SHE STILL HAS SOME SORT OF ACTIVITIES OR SCOPE OF THE DUTY THAT TIES INTO THE CITY I CAN SEE THAT HAPPENING. RIGHT NOW IT DOESN'T SHOW THAT. I DON'T SEE THAT AS FOLLOWING THE SPIRIT OF THE CITY MERIT ORDINANCE SYSTEM. >> MR. PRESIDENT, COUNCILOR SANCHEZ, BECAUSE I WAS NOT HERE, BUT I CAN ONLY SURMISE THAT I BELIEVE THAT THE CONSIDERATION WOULD BE WHETHER OR NOT AN EMPLOYEE -- ONE CONSIDERATION THAT MIGHT BE -- I'M SORRY, I SHOULD NOT SAY CONSIDERATION, ONE FACTOR THAT MAY BE REVIEWED IS WHETHER OR NOT THE INDIVIDUAL HAD THE OPPORTUNITY TO TAKE LEAVE THROUGHOUT THEIR EMPLOYMENT, HAD THE OPPORTUNITY TO UTILIZE THE LEAVE THEY HAD AND WHETHER OR NOT THEIR WORK AND DUTY TOOK THEM BEYOND WHAT WOULD BE A NORMAL TIME PERIOD. AND I THINK THAT IS LIKELY WHAT WAS PONDERED AS THIS DECISION WAS MADE. >>COUN. SANCHEZ: JUST SO THAT EVERYBODY UNDERSTANDS, THE CITY'S OFFICE OF INVESTIGATIVE GENERAL DID AN INVESTIGATION IN REFERENCE TO LEAVE. AND THERE'S PROBABLY GOING TO BE MORE HAPPENING ON THIS SUBJECT THAN WE'RE TALKING ABOUT TODAY. I THINK WE'RE GOING TO NEED THAT INFORMATION BY WEDNESDAY. THANK YOU. >>COUN. LEWIS: COUNCILORS, ANYTHING ELSE FOR THE ADMINISTRATION? COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. THIS QUESTION IS FOR PARKS AND REC. THANK YOU, DIRECTOR, FOR BEING HERE THIS EVENING. WE RECEIVED PHONE CALLS OR EMAILS, I SHOULD SAY, ABOUT THE DISK GOLF THAT IS GOING TO BE ADDED AT PUERTA DEL SOL GOLF COURSE. WAS THE MUNICIPAL GOLF COURSE BOARD CONSULTED ABOUT THIS? WHAT WAS THE FEEDBACK? >> MR. PRESIDENT, COUNCILOR GROUT, THE GOLF ADVISORY BOARD HAS BEEN VERY APRIZED OF OUR SUCCESSFUL EXPERIMENT WITH INTERGRATING DISK GOLF INTO OUR TRADITIONAL COURSE AT LADERA GOLF COURSE AND PROPOSED THE IDEA OF DOING THE SAME THING. >>COUN. GROUT: I'M GLAD YOU LET THEM KNOW. WHAT HAS BEEN THEIR FEEDBACK? >> I THINK THE BOARD IS STILL CONSIDERING THE IDEA, GIVING THEM THE PRELIMINARY OUTLINE OF THE IDEA. I BELIEVE THE ADVISORY BOARD WANTS TO ADD THAT IN THE AGENDA. WE'RE IN THE EARLY PHASES OF CONCEPTUALIZING THIS PROJECT. THERE'S LOTS OF TIME FOR THE PUBLIC TO WEIGH IN. >>COUN. GROUT: WILL THIS GOLF COURSE BE ENTIRELY BE CONVERTED OR WILL THE GOLFERS AND DISK GOLFERS SHARE THE SPACE? >> IT'S THE LATTER. WE HAD A VERY SUCCESSFUL FOUR YEAR EXPERIMENT AT LADERA THAT HAS SHOWN THAT TRADITIONAL GOLF AND DISK GOLF CAN BE INTERGRATED SEAMLESSLY INTO THE SAME AREA. THIS IS A BOON TO THE COURSE. WE'VE HAD VERY GOOD SUPPORT FROM THE GOLF PROFESSIONALS THAT RUN LADERA. IT'S A CREATIVE EXPERIMENT WE TESTED FOR FOUR YEARS. I'M PLEASED WITH THE OUTCOME. I THINK WE IT REPLICATE IT ELSEWHERE. >>COUN. GROUT: I'M GLAD TO HEAR THAT. DO THE DISK GOLF PLAYERS PAY THE SAME GREEN FEES? >> MR. PRESIDENT, COUNCILOR GROUT NO. THEY PAY A SLIGHTLY DIFFERENT FEE. I BELIEVE THE CURRENT FEE FOR NINE-HOLE ROUND IS $19, IF I'M NOT MISTAKEN. THE CURRENT DISK GOLF FEE AT LADERA IS $13.50. THIS IS A LOT HIGHER THAN DISK GOLFERS WOULD LIKE TO PAY, BELIEVE ME. I THINK IT'S A FAIR RATE. >>COUN. GROUT: THANK YOU. LET'S TURN TO A DIFFERENT SUBJECT. I'M GOING TO TURN TO -- RIGHT NOW WE HAVE A PROPOSED AMENDMENT IN THE LUPZ COMMITTEE REGULATING eBIKES ON OPEN SPACE. MY FIRST QUESTION IS HAS THE OPEN SPACE ADVISORY BOARD BEEN CONSULTED ON THIS POLICY? >> MR. PRESIDENT, COUNCILOR GROUT YES. THEY'VE RECEIVED A BRIEFING ON THE IDEA AND I BELIEVE THEY CONSIDERED IT IN DETAIL AT ONE OF THE LAST MEETINGS. >>COUN. GROUT: OKAY. I WAS AT THAT MEETING, ACTUALLY. I KNOW THEY TOOK A POSITION. HAVE THEY SHARED THAT WITH YOU, YET? >> COUNCILOR, I READ THE MINUTES AND GOTTEN SOME SUMMARY OF THAT MEETING. I THINK THEY HAVE NOT PUT THAT POSITION DOWN IN WRITING YET. IT'S MY UNDERSTANDING. >>COUN. GROUT: OKAY. WE'LL STAY TUNED FOR THAT. THE LAST QUESTION ABOUT THE OPEN SPACE ADVISORY BOARD. WILL THEY GET TO WEIGH IN ON THE TRAILS SELECTED TO ALLOW eBIKES? >> MR. PRESIDENT, COUNCILOR GROUT, THAT'S A GREAT QUESTION. I THINK THE ANSWER REALLY DEPENDS ON THE ULTIMATE FORM OF ANY ORDINANCE THAT -- IF ONE PASSES THIS BODY. IT WOULD DEPEND ON THE APPROACH THE COUNCIL TAKES. IF THERE'S A PLANNING PROCESS OVERALL, THAT LOOKS AT TRAILS IN DETAIL, WE WOULD OF COURSE INCLUDE THE OPEN SPACE ADVISORY BOARD IN THAT PROCESS. I'M SURE THEY WOULD BE VERY ENGAGED IN OVERALL PLANNING PROCESS. >>COUN. GROUT: THANK YOU. I THINK THAT WOULD BE A GREAT IDEA. THANK YOU, SIR. >> OKAY, THANK YOU. >>COUN. GROUT: I HAVE A COUPLE MORE QUESTIONS. >>COUN. LEWIS: BEFORE WE DO THAT. WE WANT TO ASK EVERYBODY IN THE CHAMBER TO FIND AN OPEN SEAT. YOU HAVE THE OPEN SEATS AVAILABLE. THE FIRE MARSHAL DOES ENFORCE OUR CAPACITY IN THE BUILDING. YOU CAN'T BLOCK THE DOORWAYS, AND WE NEED YOU TO FIND A SEAT. IF YOU CAN'T FIND A SEAT, YOU'RE WELCOME TO USE THE LOBBY AS OUR OVERFLOW. YOU CAN SEE THE MONITORS, HEAR THE MONITORS. IF YOU'RE UP FOR GENERAL PUBLIC COMMENT YOU'LL BE ABLE TO HEAR WHEN YOUR NAME IS CALLED. WE WANT TO ENCOURAGE EVERYBODY TO FIND A SEAT. YOU CAN'T BE STANDING IN THE BACK, ESPECIALLY NEAR THE DOORWAY. COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. THIS FOR APD OR SOMEBODY FROM ADMIN. ON THURSDAY, THERE WAS A PROTEST THAT CLOSED LOUISIANA AT THE GIBSON GATE ON THURSDAY MORNING. WHO IS GOING TO TAKE THESE QUESTIONS? >> MR. PRESIDENT, COUNCILOR GROUT, I'LL START. I THINK DEPUTY CHIEF JOSH BROWN IS HERE WHO CAN SPEAK AS WELL. >>COUN. GROUT: VERY GOOD. THANK YOU. I UNDERSTAND THAT IT STARTED AROUND 6:30-7:00. WHAT TIME DID IT END? >> GOOD AFTERNOON, EVERYBODY. COUNCIL PRESIDENT, COUNCILOR GROUT, IT STARTED ABOUT 7 O'CLOCK, AND IT GOT OUT AT 3:15. >>COUN. GROUT: WAS IT BROKEN UP BY APD OR DID THE PROTESTS LEAVE ON THEIR OWN? >> THEY LEFT ON THEIR OWN? >>COUN. GROUT: WERE THEY ACTUALLY BROCK BLOCKING THE STREET OR OFF TO ONE SIDE? >> THEY WERE BLOCKING THE STREET. >>COUN. GROUT: WHO HAS JURISDICTION IN THAT AREA? APD OR KIRTLAND? >> THAT WOULD BE APD. >>COUN. GROUT: WHY WERE THEY ALLOWED TO CLOSE A MAJOR STREET FOR HOURS? >> MR. PRESIDENT, COUNCILOR GROUT, I JUST WANT TO -- ON THIS SPECIFIC QUESTION I THINK IT'S IMPORTANT TO NOTE THAT APD WORKED VERY CAREFULLY IN COORDINATION WITH KIRTLAND AIR FORCE BASE. I KNOW DEPUTY CHIEF BROWN WORKED WITH COLONEL RIV EVRA. I SPOKE SPECIFICALLY WITH COLONEL JASON WHO IS THE COMMANDER OF THE 377 MISSION SUPPORT GROUP. ESSENTIALLY THE MAYOR OF KIRTLAND AIR FORCE BASE. AND WAS ABLE TO CONFIRM WITH HIM THAT HE WANTED TO BOTH COORDINATE WITH THE PLAN THAT -- AGREED WITH THE PLAN THAT APD AND COLONEL RIVERA INCLUDED. WHICH INCLUDING NOT CREATING AN INCIDENT OUT OF THE OPPORTUNITY FOR INDIVIDUALS TO PEACEFULLY PROTEST. I'LL TURN IT BACK TO DEPUTY CHIEF BROWN. >>COUN. GROUT: THANK YOU. THEY ALSO BLOCKED ACCESS TO THE ELEMENTARY SCHOOL. SO THAT CHILDREN COULDN'T GO TO SCHOOL. WHY WAS THAT ALLOWED? >> I CAN ANSWER THAT, COUNCIL PRESIDENT, COUNCILOR GROUT. ACTUALLY THAT ROAD WAS NOT BLOCKED. THEY WERE CONFINED TO THE INTERSECTION OF LOUISIANA AND GIBSON. RIGHT THERE ON SOUTHBOUND ON LOUISIANA. WHERE IT RUNS INTO GIB SP. WE KEPT THE LANES OF TRAFFIC OPEN ON RIDGE CREST WHERE THERE'S ACCESS TO DRIVE OR WALK. THOSE WERE ALL MANNED BY -- STAFFED BY PUBLIC SERVICE AIDS. ALLOWING IN PARENTS OR WHOEVER NEEDED TO GO TO THAT SCHOOL. >>COUN. GROUT: THANK YOU. I'M GLAD THAT IT WAS -- THAT NOTHING HAPPENED AND IT WAS ALL VERY PEACEFUL. IT DID CAUSE QUITE A TRAFFIC JAM. I HAD AN EVENT TO GO TO ON THE BASE. IT WAS DELAYED BECAUSE OF THAT. AND THE TRAFFIC WAS A NIGHTMARE. I'M VERY HAPPY THAT YOU ALL WERE IN CONTACT WITH KIRTLAND AIR FORCE BASE. GREAT COMMUNICATION. AND IT PLAYED OUT THE WAY IT DID. >> MR. PRESIDENT, COUNCILOR GROUT, IF I MAY I JUST WANT TO MENTION THAT IN ADDITION TO THE DECISION TO CLOSE THE GATE WAS NOT AT DIRECTION OF APD. THAT WAS KIRTLAND'S DECISION TO DO SO. THEY DID NOT CLOSE BUSINESSES IN THE AREA. THAT ALSO HAD BEEN CONTEMPLATED THAT APD DIRECTED BUSINESSES TO CLOSE, BUT THAT WAS NOT THE CASE. >>COUN. GROUT: THANK YOU. THANK YOU FOR THAT REPORT. I APPRECIATE IT. >>COUN. LEWIS: THE DECISION WAS NAU MADE TO NOT REMOVE THE PROTESTERS WHILE THEY'RE BLOCKING THE STREETS? >> THAT'S CORRECT. >>COUN. LEWIS: IF THERE WAS A DECISION MADE TO REMOVE THE PROTESTERS FROM BLOCKING THE STREET AND VIOLATING OUR LAWS, WHAT DIRECTION WOULD YOU TAKE? WHO WOULD YOU TAKE THAT DIRECTION FROM? >> CHIEF MEDINA AND MYSELF COORDINATED WITH WHAT RESPONSE APD WAS GOING TO HAVE. THE WHOLE TIME I WAS IN CONTACT WITH ONE OF THE ORGANIZERS FOR THE GROUP. AND ALL THESE THINGS WERE TAKEN INTO CONSIDERATION. ONE BEING OUR RESPONSE FOR FULLY RT CALLOUT AND WHAT THAT ENTAILS. AND THAT IS REPORTED TO DOJ AND THE MONITORING TEAMS. AS WELL AS THE OVERALL ARCHING GOAL OF WHAT THEY'RE ACTUALLY DOING AT THE TIME. WITH NO PROPERTY DAMAGE, MINIMAL BLOCKING OF THE ROAD, THE DECISION WAS MADE IF THEY GOT UP AND LEFT THEY WERE FREE TO DO SO. >>COUN. LEWIS: THE ROAD WAS BLOCKED WHICH IS AGAINST CITY LAWS? >> IT IS. >>COUN. LEWIS: SO DID YOU THE ABILITY TO MAKE THAT DECISION AND CHIEF MEDINA TO MAKE THE DECISION TO CLEAR THE ROAD? >> I DID. >>COUN. LEWIS: IF THE MAYOR WERE TO ASK YOU TO CLEAR THE ROAD WOULD YOU HAVE CLEARED THE ROAD? >> AT THAT TIME IT WAS MY DECISION TO MAKE. THROUGH MY CONVERSATIONS WITH THE ORGANIZERS, AND BEST INTERESTS OF APD, AND NOT WANTING TO CREATE A BIGGER INCIDENT THAN IT WAS, SEEING HOW THERE WAS NO BUSINESSES AFFECTED. THERE WAS NO PEDESTRIANS AFFECTED, AND THERE'S NO PROPERTY DAMAGE. >>COUN. LEWIS: BUT YOU CAN BLOCK A STREET DURING THE DAY FOR AN ENTIRE DAY? >> I DID. >>COUN. LEWIS: THAT WAS ALLOWED? >> YES, SIR. >>COUN. LEWIS: I'M SORRY, COUNCILOR SANCHEZ FIRST. >>COUN. SANCHEZ: FIRST OF ALL, YOU ASKED BOTH OF MY QUESTIONS. TO BE HONEST. I HAVE A FOLLOW UP. ONE OF THE THINGS THAT WE NEED TO MAKE SURE THAT HAPPENS IS THAT WE NEED TO MAKE SURE THAT THE LAW ENFORCEMENT -- IF YOU KNOW THE LAWS, YOU KNOW THE RULES AND YOU KNOW THE LAWS OF THE CITY OF ALBUQUERQUE, STATE OF NEW MEXICO AND YOU'RE ENFORCING THOSE LAWS YOU NEED TO MAKE SURE THAT AT ONE POINT YOU ARE THE LAW ENFORCEMENT AUTHORITY. AND THE MAYOR, OR THE CAO IS NOT. IT'S YOUR JOB AND YOUR DUTY TO PROTECT LIVES AND PROPERTY. AND IF YOU'RE NOT MAKING DECISIONS ACCORDING TO WHAT YOUR OATH STATES, THEN YOU HAVE AN EXTREMELY BIG PROBLEM. YOU NEED TO DO WHAT IS RIGHT. I JUST WANT TO REITERATE THAT. YOU HAVE TAKEN AN OATH. AND THE POLICE OFFICERS OF THE CITY OF ALBUQUERQUE HAVE TAKEN AN OATH. IT'S NOT THE MAYOR'S OATH, IT'S NOT THE CAOs OATH. THAT'S MY COMMENT. >>COUN. LEWIS: COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I ALSO WAS DRIVING IN THE AREA AND GOT CALL FROM THE VETERAN'S -- NOT VETERAN'S ADMINISTRATION, VETERAN'S MEMORIAL. JUST CONCERNED WITH THE FACT THAT PEOPLE COULDN'T GET INTO THE VETERAN'S MEMORIAL. I DIDN'T COME JUST BECAUSE OF THE PROTEST, I WAS DRIVING BY. I'M NOT OVERSTEPPING MY BOUNDS. BUT THERE WERE SEVERAL AREAS WHERE PEOPLE COULD GET AROUND THE PROTESTS THAT I THINK APD AND PSA'S WERE DIRECTING TRAFFIC. WE DID A LOT OF WORK WITH APD AND COMMUNITY HOW TO RESPOND TO PROTESTS IN A WAY THAT DOES NOT NEGATIVELY AFFECT THE COMMUNITY AND AS WELL AS SAFETY. I HAVE TO SAY WHAT I SAW ON SCENE. I THINK WE DID A GOOD JOB IN RESPONDING TO THE PROTESTS. MAKING SURE THERE WERE PLACES FOR PEOPLE TO DRIVE AND NOT HAVE -- IT ONLY TOOK ME AN EXTRA THREE TO FOUR MINUTES TO DRIVE TO THE OTHER END OF THE STREET. I THINK THERE'S A BALANCE BETWEEN WHAT COUNCILOR SANCHEZ IS SAYING AND HOW WE RESPOND TO COMMUNITY. I THINK IT WAS A GOOD RESPONSE. I DO AGREE THAT, YOU KNOW, IT'S A TOUGH SITUATION TO HAVE TO DEAL WITH. I THINK WE DID AN OKAY JOB ON THIS ONE. >> CAN I MAKE A STATEMENT TO THAT? COUNCIL PRESIDENT, TO ALL THE COUNCILORS, I THINK EVERYBODY NEEDS TO REMEMBER THAT I AGREE WHOLE HEARTEDLY. OUR JOB AT THE POLICE DEPARTMENT IS NOT TO GO OUT AND TAKE AWAY PEOPLE'S CONSTITUTIONAL RIGHTS. WE HAVE FINE LINE WE WALK. WE HAVE PROTESTS THAT GO MOBILE. WE PROVIDE SUPPORT FOR TRAFFIC. WE DON'T CITE PEOPLE IN THOSE INSTANCES. WE HAVE SUPPORT FOR BUSINESSES AND PROPERTY DAMAGES. WE'RE NOT GOING TO ALLOW ANY PROTEST OR EVENT THAT'S GOING TO GET OUT OF HAND THAT IS DAMAGE TO PROPERTY OR LIFE. THERE IS THE BALANCE OF HOW DO WE BEST PUSH FORWARD WITH ALL OF IT. WE HAVE THE ABILITY TO -- TO ME THIS IS WAS A SUCCESS. WE DID NOT PUT HANDS ON PEOPLE. I THINK THE PEOPLE OF ALBUQUERQUE HAVE SEEN THAT THIS IS A CHANGED DEPARTMENT. IF WE WOULD HAVE GONE ON WE WOULD HAVE BEEN LIKE SEATTLE OR PLACES ON THE NEWS WHERE THEY DRAG PEOPLE OFF. WE SUCCESSFULLY NEGOTIATED THIS BY TALKING TO THEM. I'LL STAND BEHIND THIS DECISION. IT WAS MY DECISION. I STAND BEHIND IT. >>COUN. LEWIS: WAS IT AGAINST THE LAW FOR THEM TO BLOCK THE STREETS ? >> IT IS YES. >>COUN. LEWIS: AND THEY'RE ALLOWED TO BLOCK THE STREETS FOR AN ENTIRE DAY. THEY WERE BREAKING THE LAW. WHEN YOU'RE IN NEGOTIATIONS WITH THEM DID YOU TELL THEM THEY WERE BREAKING THE LAW? >> I DID. >>COUN. LEWIS: WHAT WAS THEIR RESPONSE? >> THEIR RESPONSE WAS THEY WANTED TO BE TAKEN TO JAIL. >>COUN. LEWIS: WHAT AUTHORITY DO YOU HAVE TO MAKE THAT DECISION OF WHETHER TO ENFORCE OUR LAWS OR NOT? WHERE DOES THAT AUTHORITY COME FROM? >> IT'S THE DISCRETION OF WHETHER OR NOT I WANT MY OFFICERS TO USE FORCE ON SOMEONE. TO ESSENTIALLY ENFORCE A PETTY MISDEMEANOR OR AM I GOING TO WORK WITH THAT GROUP AND MAKE SURE IT DOESN'T ESCALATE TO WHERE IT DOES AND WE END UP GETTING INTO USES OF FORCE. >>COUN. LEWIS: YOU MENTION ABOUT PEACEFUL PROTESTS AND A LOT OF WAYS TO LAWFULLY PROTEST. AND USE THEIR SECOND AMENDMENT RIGHTS TO DO THAT. AND THERE WERE MANY OPPORTUNITY FOR THEM TO DO THAT. BUT THEY CHOSE TO EXERCISE BREAKING ONE OF OUR LAWS. AND DISRUPT THE CITY FOR A GOOD AMOUNT OF TIME. I GUESS I'D ASKED AGAIN, IF THE MAYOR SAID WE NEED TO CLEAR THEM OFF THE STREETS, WOULD YOU HAVE DONE IT? >> I THINK THE DECISION I MADE WAS THE CORRECT DECISION. I THINK OUR COORDINATION WITH THE BASE AND THEIR STANCE ON THE FACT THAT IT DOESN'T DISRUPTIVE TO THE BASE, I THINK THE CORRECT DECISION WAS MADE. >>COUN. LEWIS: CAN YOU GIVE EXAMPLES OF WHEN WE ALLOW PEOPLE TO BREAK THE LAW IN THE CITY OF ALBUQUERQUE? >> PRETTY MUCH EVERY PROTEST THAT HAPPENS WHEN THEY TAKE TO THE STREETS WHERE THEY'RE BLOCKING TRAFFIC, WE END UP DOING -- WE DO SUFFER -- WE FACILITATE PEOPLE'S FIRST AMENDMENT RIGHTS TO PROTEST PEACEFULLY. IT'S OUR JOB AS LAW ENFORCEMENT TO DO THAT PEACEFULLY AND WE'RE NOT BOTHERING THEIR RIGHT AND ALSO THERE'S NO PROPERTY DAMAGE. AND WE HAVE WAYS AROUND THEM. SO THERE'S ACCESS TO THE SCHOOL. THERE WAS NO BUSINESSES THAT WERE BEING BLOCKED. WE DIDN'T MANDATE ANY SHUTDOWNS OF THE SCHOOLS OR OF THE BASE. LIKE I SAID, THIS IS A SUCCESSFUL OUTCOME. >>COUN. LEWIS: IF LAWS ARE JUST TO BE BROKEN OR NOT IMPORTANT, WHAT DO YOU THINK THE REASON WHY THAT LAW WAS IN PLACE IN THE FIRST PLACE? IT'S PROTECTING SOMETHING. THERE WAS SOME KIND OF DAMAGE. SOMEONE IS BEING DAMAGED OTHERWISE THAT LAW WOULDN'T BE PUT IN PLACE. WHAT ARE THE CONSEQUENCES OF NOT ENFORCING A LAW LIKE THAT? >> I CAN'T SURMISE WHAT THE MONETARY DAMAGE OR INCONVENIENCE WAS PLACED UPON THE RESIDENTS OF ALBUQUERQUE. MY JOB IS TO MAKE SURE WE HAVE A SAFE FOUNDATION. AND OUR OFFICERS ARE CONSTITUTIONALLY POLICING AND MAKING SURE THAT EVERYBODY GOES HOME AT THE END OF THE DAY. AND MAKING SURE THEY CAN HAVE THEIR VOICE WITHOUT GETTING HURT. >>COUN. LEWIS: HOW MANY OFFICERS WERE TIED UP FOR THAT? PROBABLY AN ENTIRE SHIFT. >> FOR THE INNER PERIMETER WE USED ALL PSA WHICH WERE SERVICE AIDS. WE HAD EMT ON STANDBY. AND 30 OFFICERS. >>COUN. LEWIS: YOU CALCULATED THE MAN HOURS AND MONETARY AMOUNT OF COST TO THE CITY BECAUSE OF ALLOWING THEM TO BREAK OUR LAWS DURING THAT TIME? >> NO, SIR, BUT I CAN GET THAT TO YOU. >>COUN. LEWIS: I THINK THAT WOULD BE GOOD. I THINK WE NEED TO BREAK THAT DOWN. WITH SOME RESEARCH, AND BE ABLE TO DEMONSTRATE THIS IS THE RESOURCES THAT WE'RE UTILIZING AND THESE ARE THE OFFICER AND PSAs CALLED OFF OTHER TRAFFIC INCIDENTS AND EMERGENCIES AROUND THE CITY. I THINK WE NEED TO HAVE THAT IN A WAY WE CAN CALCULATE THAT AND SEE THAT DATA. APPRECIATE IT. COUNCILOR ROGERS TO FOLLOW UP AND COUNCILOR FIEBELKORN. >>COUN. ROGERS: THANK YOU. MINE IS ON A DIFFERENT TOPIC. I DON'T KNOW IF COUNCILOR FIEBELKORN IS ON THIS TOPIC. >>COUN. FIEBELKORN: I DO HAVE ONE ON THIS. THANK YOU, MR. PRESIDENT. DEPUTY CHIEF, DID ANY EMERGENCY CALLS GO UNANSWERED DURING THIS? >> NO. >>COUN. FIEBELKORN: IS THERE ANY OTHER SITUATION WHERE WE DON'T ARREST SOMEONE FOR A PETTY MISDEMEANOR? >> YES, MA'AM. >>COUN. FIEBELKORN: LIST THEM. >> CRIMINAL TRESPASS, IF THEY WALK OFF THEY ARE NOT ARRESTED. >>COUN. FIEBELKORN: I JAYWALKED TODAY. YOU DIDN'T ARREST ME. I WANTED TO THANK YOU FOR MAKING THE COMPASSIONATE CHOICE TO STOP THIS FROM ELEVATING INTO SOMETHING THAT COULD HAVE GONE VERY POORLY FOR THE CITY. AND WORKING DILIGENTLY TO MAKE SURE THE VOICES OF PEOPLE WHO LIVE IN ALBUQUERQUE AND HAVE A LEGITIMATE CONCERN ABOUT AN ISSUE IN OUR COMMUNITY WERE GIVEN THE CHOICE AND GIVEN THE OPTION TO DEMONSTRATE IN A WAY THAT RESULTED IN NO PROPERTY DAMAGE AND I THINK THAT'S A WIN FOR THE CITY OF ALBUQUERQUE. IT'S A WIN FOR THE CITIZENS. AND REALLY WANT TO THANK YOU FOR ALLOWING IT TO HAPPEN THE WAY IT DID. SO WE MAINTAIN THE RIGHTS OF THE ZPS TO DEMONSTRATE WHEN THEY FEEL NECESSARY. THANK YOU. >>COUN. LEWIS: DID YOU WANT TO ADDRESS ENFORCING THE JAYWALK? I'M JUST KIDDING. COUNCILOR ROGERS. COUNCILOR CHAMPINE. >>COUN. CHAMPINE: COUNCILOR FIEBELKORN, HE HAS UP TO 90 DAYS TO ENFORCE THAT. I'M KIDDING. >>COUN. FIEBELKORN: HE KNOWS WHERE I AM. >>COUN. CHAMPINE: YOU SAID THERE'S TWO ON STAND BY? >> YES, SIR. >>COUN. CHAMPINE: AS A POINT OF CLARIFICATION, AND WHAT YOU SAID, THE DECISION YOU MADE NOT ESCALATE OR TO NOT PREVENT THEM FROM TAKING OVER THE STREET WAS BASED OFF OF HAVING ERT COME IN AND THE POSSIBLE OF AMOUNT OF REPORTS OF USE OF FORCE THAT YOU TOOK INTO CONSIDERATION SO YOU DECIDED TO LET THEM TAKE THE STREET BASED ON POSSIBLE EXTRA WORK? >> COUNCIL PRESIDENT, COUNCILOR CHAMPINE, THAT'S NOT THE POINT. THE POINT IS INTERACTION BETWEEN THE OFFICERS AND THOSE PEOPLE PROTESTING WAS A PEACEFUL PROTEST, THERE'S NO PROPERTY DAMAGE DONE. THEY HAD A SLEEPING DRAGON. WHICH MEANS THEY HOOKED THEMSELVES TOGETHER TO PVC PIPES. TO GET THEM APART AND REMOVE THEM FROM THERE THERE'S FORCE THAT'S GOING TO HAPPEN. TO REMOVE THAT FORCE FOR A PETTY MISDEMEANOR THAT'S WHY THAT DECISION WAS MADE. >>COUN. CHAMPINE: MR. PRESIDENT, WHEN WOULD YOU BRING IN THE ERT TEAM? AT WHAT POINT? >> AGAIN, THAT'S WHERE I DIDN'T HAVE TO. >>COUN. CHAMPINE: I UNDERSTAND YOU DIDN'T HAVE TO. WHAT WOULD CAUSE YOU -- >> IF IT WENT PAST WHERE IT DID. THERE WAS DISCUSSION WITH THE ORGANIZERS. AND PART OF THAT WAS YOU CAN -- BY WORKING AND TALKING WITH THEM IS YOU HAVE THE OPTION. I DON'T WANT TO HAVE TO DO IT. BUT WE'RE EVENTUALLY GOING TO REMOVE YOU. AND THEY TOOK THE CORRECT PATH WORKING WITH US. AND DECIDED ON THEIR OWN TO PACK UP AND MOVE. >>COUN. CHAMPINE: AFTER NEGOTIATIONS? >> YES. >>COUN. CHAMPINE: PERFECT. ANOTHER POINT OF CLARIFICATION, MR. PRESIDENT. WHEN YOU HAVE CRIMINAL TRESPASS, YOU BROUGHT THIS UP. YOU'RE STILL CITED. IT'S NOT AN ARREST, IT'S A TICKET? >> TRUE. >>COUN. CHAMPINE: THANK YOU. >>COUN. LEWIS: COUNCILOR ROGERS. >>COUN. ROGERS: MY QUESTION -- I JUST WANTED TO PROVIDE POSITIVE FEEDBACK. AS I ALWAYS DO, I LIKE TO CHECK ON THE ENCAMPMENT RESPONSE. AND ORIGINALLY STOPPED BECAUSE IT WAS ONE FEMALE AND A DOG WITH SEVERAL OF CITY PERSONNEL. AND UPON MY ARRIVAL, I WAS REALLY PLEASED WITH A COUPLE OF THINGS. ONE, THEY WERE -- OBVIOUSLY THEY WERE ASKING ABOUT STORAGE. AND I DIDN'T GET THE GENTLEMEN'S NAME FROM SOLID WASTE, HE WAS ABLE TO CALL AND GET HELP FOR STORAGE. THAT'S THE FIRST TIME I SAW THAT. SHE MENTIONED HOW THIS TEAM HAS ENGAGED WITH HER SEVERAL TIMES. AND HOW COMPASSIONATE THEY HAVE BEEN RECENTLY. AND THEY NOTICED A CHANGE IN HOW OUR RESPONSE IT. I JUST WANTED TO SAY THAT. THANK YOU. I THINK WE HAVE A WAYS TO GO IN HOW WE RESPOND. BUT I THINK THAT HEARING FROM THE PEOPLE WITH LIVED EXPERIENCE DIRECTLY THAT THEY'VE SEEN A DIFFERENCE IN HOW WE'RE RESPONDING IS A GOOD THING. I ALSO WANT TO GIVE A SHOUT OUT TO MATT AND JEREMY AND MARIELA FOR HELPING ME WITH THE ENCAMPMENT ON YOU DISTRICT WITH ABOUT 50 PEOPLE. AND THIS RESPONSE WAS AMAZING. ALL OF US CAME TOGETHER WITH THAT COMMUNITY. WE'RE ABLE TO PLACE 40 PEOPLE INTO HOUSING. WE'RE ABLE TO GET PEOPLE INTO MEDICAL CARE THAT WERE SEVERELY NEEDED MEDICAL CARE. DIDN'T NEED APD. DIDN'T NEED ALL OF THE OTHER RESPONSES THAT WE'RE USED TO. AND IT WORKED OUT REALLY GREAT. THE PROPERTY OWNER IS HAPPY BECAUSE WE'RE CLEARING THEIR PROPERTY. CLEANING IT UP. ALSO DOING IT IN A WAY THAT ACTUALLY AMOUNTS TO PEOPLE GETTING HELP. JUST WANTED TO SAY THANK YOU. I THINK WE'RE GOING IN A BETTER DIRECTION IN HOW WE RESPOND TO COMMUNITY AND ALSO ENCAMPMENTS. I JUST WANTED TO SHARE POSITIVE FEEDBACK. >>COUN. LEWIS: ONE MORE, COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. JUST A REAL QUICK -- GOING BACK TO THE QUESTION I HAD EARLIER ABOUT MS. NIAR'S GOLDEN PARASHOOT. I JUST LIKE TO ASK WHICH PART OF 3-1-16 ALLOWS THE CAO TO CONVERT HER SICK LEAVE TO PLO? I JUST WANT TO KNOW FOR THE RECORD. >> MR. PRESIDENT, COUNCILOR SANCHEZ, THE MERIT SYSTEM 3-1-16 -- LEAVE WITH MAY MAY BE GRANTED FOR A VARIETY OF REASONS FROM JURY DUTY TO BARGAINING TO PARENTAL LEAVE AND ALSO MAY AUTHORIZE THE CAO FOR SERVICES OR ACTIVITIES THAT AN EMPLOYEE OUTSIDE OF THE SCOPE OF HIS OR HERE EMPLOYMENT THAT CAN BE ANTICIPATED TO DIRECTLY OR INDIRECTLY BENEFIT THE CITY. IT'S NOT SPECIFICALLY STATING ABOUT CONVERSION OF SICK LEAVE. >>COUN. SANCHEZ: HOW ARE YOU INTERPRETING THAT TO MEAN THAT PLO IS AUTHORIZED? >> MR. PRESIDENT, COUNCILOR SANCHEZ, I THINK THE CORE OF THIS PORTION OF THE ORDINANCE IS SPECIFICALLY STATES THE CAO HAS THE DISCRETION TO MAKE THE DECISION ABOUT LEAVE TO BE PAID. >>COUN. SANCHEZ: THANK YOU. AS I SAID BEFORE, IT'S STILL NOT CONVINCED WHO SIGNED IT AND WHICH CAO WAS ACTIVE AT THE TIME. THANK YOU. >>COUN. LEWIS: THE ADMINISTRATION FULLY PARTICIPATING IN COMPLYING WITH THE INSPECTOR GENERAL'S CURRENT INVESTIGATION ON THIS MATTER? >> MR. PRESIDENT, WE RECEIVED A VAGUE DESCRIPTION FOR THIS SECOND GENERAL INVESTIGATION. WE PROVIDED A MANAGEMENT RESTOPS TO THAT BASED UPON NOT HAVING ACCESS TO THE FACTS OF THE INSPECTION OR OF THE INVESTIGATION. AT THIS POINT, WHEN THE A.G.O. MEETS AND WE HAVE THE FULL REPORT, WE'LL OBVIOUSLY CONTINUE TO PARTICIPATE NOW THAT WE HAVE ALL OF THE INFORMATION. WE'RE GOING TO MOVE TO ITEM FIVE. COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. I PROVE APPROVAL OF THE APRIL 13th JOURNAL. >>COUN. LEWIS: MOTION AND SECOND. ALL THOSE IN FAVOR SAY YES. MOTION PASSES. GO TO ITEM SIX. COMMUNICATION AND INTRODUCTIONS. ANY CHANGES TO THE LETTER OF INTRODUCTION? I MOVE THE RULES BE SUSPENDED FOR PLACING EC139 ON TONIGHT'S AGENDA. IT'S THE MAYOR'S RECOMMENDATION OF AWARD FOR RFPHRMEV DENTAL INSURANCE. SECOND BY COUNCILOR GROUT. ANY DISCUSSION, QUESTIONS? THOSE IN FAVOR SAY YES AND RAISE YOUR HAPPENED. THOSE OPPOSED NO. MOTION PAZES. COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. I MOVE THE RULES BE SUSPENDED FOR THE PLACING OF INTRODUCING R-51 AND REFERRING IT TO THE FINANCE AND GOVERNMENT OPERATIONS COMMITTEE. IT'S APPROVING THE ATTACHED GRANT APPLICATION FOR THE STATE OF NEW MEXICO GRANT FUND FOR THE FISCAL YEAR OF 2024. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR BASSAN. R-51 IS REFERRAL TO THE FINANCE COMMITTEE. QUESTIONS OR DISCUSSION? THOSE IN FAVOR SAY YES, OPPOSED NO. MOTION PASSES. COUNCILOR GROUT. >>COUN. GROUT: MR. PRESIDENT, I MOVE APPROVAL OF THE LETTER OF INTRODUCTION. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR BASSAN. THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. THOSE OPPOSED, NO. MOTION PASSES. WE HAVE NO REPORTS OF COMMITTEES. ANY DEFERRALS OR WITHDRAWALS AT THIS TIME? COUNCILOR GROUT. >>COUN. GROUT: ON THE CONSENT AGENDA -- ON THE CONSENT AGENDA. >>COUN. LEWIS: THAT'S CONSENT. >>COUN. GROUT: ON THE -- >>COUN. LEWIS: WE'RE ON CONSENT. I'M SORRY, VICE-PRESIDENT GROUT. >>COUN. GROUT: I'D LIKE TO PULL -- LET'S SEE -- WHERE DID IT GO? I WOULD LIKE TO PULL EC-24-136. >>COUN. LEWIS: ANY OTHER ITEMS? >>COUN. GROUT: EC-24-136. >>COUN. LEWIS: ALL RIGHT. ANY OTHER CHANGES TO THE LETTER? OR THE CONSENT AGENDA. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU MR. PRESIDENT. I WOULD LIKE TO PULL ITEM A, EC-40 OFF THE CONSENT AGENDA. IT'S DECLARING LOT EIGHT BLOCK 26 ADDITION NEAR 528 NOT ESSENTIAL FOR MUNICIPAL PURPOSES. I ALSO WOULD LIKE TO PULL ITEM C, EC-89 OFF THE CONSENT AGENDA. IT'S DECLARING 341 CHARLESTON NOT ESSENTIAL FOR MUNICIPAL PURPOSES. >>COUN. LEWIS: EC-40, 89, AND 136. ANY OTHERS? ALL RIGHT, COUNCILOR GROUT. >>COUN. GROUT: I MOVE APPROVAL OF THE CONSENT AGENDA. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR ROGERS. FOR INTHE CONSENT AGENDA. THOSE APPROVED, YES. OPPOSED NO. MOTION PASSES. WE'LL GO TO EC-40. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU SO MUCH. THE EC-40 IS DELAYERING LOT 8, NEAR 528 CHARLESTON. NOT ESSENTIAL FOR MUNICIPAL PURPOSES. WE'RE IN TALKS ABOUT HOW TO GET THOSE LOTS AVAILABLE FOR HOUSING, SPECIFICALLY IN DISTRICT SIX. SO WE HAVE SOME COMMUNITY ORGANIZATION. WE JUST NEED TO WORK THROUGH THE PROCESS A LITTLE BIT WITH ADMINISTRATION. SO WE NEED A LITTLE BIT MORE TIME. I'D LIKE TO DEFER THOSE UNTIL THE MAY 20th MEETING. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR FIEBELKORN. DEFERRAL OF EC-40. QUESTION OR DISCUSSION? THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. OPPOSED NO. MOTION PASSES. ANY SPEAKERS ON THAT? NO SPEAKERS. EC-89. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU SO MUCH. EC-89. SAME THING. DECLARING 341 CHARLESTON NOT ESSENTIAL. THIS IS ANOTHER PLOT WE'RE INTERESTED IN WORKING WITH COMMUNITY FOR HOUSING. WE NEED TO WORK THROUGH A PROCESS FOR THAT. I DEFER THAT UNTIL MAY 20th, 2024. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR FIEBELKORN. THIS IS FOR DEFERRAL. ANY QUESTIONS? THOSE IN FAVOR SAY YES. OPPOSED NO. MOTION PASSES. COUNCILOR GROUT. >>COUN. GROUT: MR. PRESIDENT, THANK YOU. EC-24-136. JUST SOME INFORMATION THAT WE NEED TO CLARIFY. WE WOULD LIKE TO DEFER THIS UNTIL THE MAY 20, 2024 MEETING. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR BASSAN. QUESTIONS OR DISCUSSION ON THIS DEFERRAL? OKAY. THIS IS BEING DEFERRED TO MAY 20th CORRECT? >>COUN. GROUT: YES. >>COUN. LEWIS: ALL RIGHT. THOSE IN FAVOR SAY YES. OPPOSED NO. MOTION PASSES. WE'VE DEALT WITH EVERYTHING ON THERE CORRECT? WE'LL GO TO ITEM NINE. >>COUN. BASSAN: THEREWILL BE AN INTERGOVERNMENTAL RELATIONS MEETING AT 3 P.M. VIA ZOOM. AND IT WILL BE A LAND USE PLANNING AND ZONING COMMITTEE MEETING ON WEDNESDAY MAY 15th AT 5 P.M. IN THE VINCENT E. GRIEGO CHAMBERS. BASEMENT LEVEL OF THE ALBUQUERQUE GOVERNMENT CENTER. THIS IS WILL BE A HYBRID MEETING AND IT'S THE SAME ROOM WE'RE IN NOW. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. THERE'S A COMMITTEE OF THE WHOLE MEETING ON THURSDAY MAY 9th AND MAY 16th AT 5 P.M. IN THE VINCENT E. GRIEGO CHAMBERS BASEMENT LEVEL OF THE ALBUQUERQUE GOVERNMENT CENTER. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. THERE WILL BE A FINANCE AND GOVERNMENT OPERATIONS COMMITTEE MEETING ON MONDAY MAY 13th AT 5 P.M. VIA ZOOM VIDEO CONFERENCE. AND THE CITY OF ALBUQUERQUE DEPARTMENT OF SENIOR AFFAIRS AND ARTS AND CULTURE IN ASSOCIATION DE ORO PRODUCTIONS PRESENTS AN EXCITING AND COLORFUL MUSICAL PRODUCTION THAT SHOWCASES NEW MEXICO'S RICH AND EVER-EVOLVING HISTORY COVERING FIVE ERAS. THE EVENT TAKES PLACE MAY 9th, 2024 FROM 1 P.M. TO 3:30 P.M. AT THE KIMO THEATER. I INVITE ALL CITY COUNCILS TO ATTEND THIS. IT'S AN AMAZING EVENT. HOPEFULLY ALL THE CITY STAFF CAN COME AS WELL. THANK YOU. >>COUN. LEWIS: COUNCILOR PEÑA BY REQUEST. O-10. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. O-10 IS FLOOR SUB AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF ALBUQUERQUE GROSSEE RE SEATS BOND IN AGGREGATE PRINCIPLE NOT TO EXCEED $22.5 MILLION. I MOVE A DO PASS. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR BACA. FOR A DO PASS. >>COUN. PEÑA: MR. PRESIDENT, I THINK WE HAVE AN AMENDMENT. >>COUN. LEWIS: THERE'S AN AMENDMENT. MOVE THE AMENDMENT NOW? OKAY. >>COUN. FIEBELKORN: MR. PRESIDENT, I CAN MOVE THAT. I'LL MOVE FLOOR AMENDMENT NUMBER ONE. AND THIS IS SPONSORED BY COUNCILOR BASSAN, COUNCILOR GROUT, AND MYSELF. THAT IS ON PAGE 37. AMEND LINE 18. $4 MILLION FOR USE OF CITY SHELTERS. AND ADD TO BE EXPENDED ON THE YOUTH HOUSING NAVIGATION CAMPUS IN DISTRICT SEVEN. >>COUN. GROUT: SECOND. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR GROUT. ANY DISCUSSION ON THE AMENDMENT? I BELIEVE WE WANT THE ADMINISTRATION TO -- THIS IS A BOND. WE'RE GOING TO HAVE SOMEBODY TO SPEAK ON THAT MATTER. >> MR. PRESIDENT, WE HAVE CHRIS MEREHEAD TO SPEAK AS OUR BOND COUNSEL ON THIS ITEM. >>COUN. BASSAN: MR. PRESIDENT, WE'RE JUST ON THE AMENDMENT FOR NOW THOUGH, RIGHT? >> MR. PRESIDENT, WE CAN SPEAK TO THE AMENDMENT AND SPEAK TO BOND COUNSEL. >>COUN. LEWIS: SPEAK ON THE WHOLE THING IF YOU LIKE. WE'RE GOING TO VOTE ON THE AMENDMENT THEN THE BILL. >> OKAY, THANK YOU, MR. PRESIDENT. I APPRECIATE THE AMENDMENT. IT'S IN SUPPORT OF OUR INTENTIONS RELATED TO THE YOUTH SHELTER. I WILL TURN IT OVER TO MR. MEREHEAD TO SPEAK ON THE CONTENT OF THE BOND. >> THANK YOU WHERE -- MR. PRESIDENT. THE ORDINANCE IN FRONT OF YOU IS -- THE TITLE SUMMARIZES FOR THE FULL 55 PAGES. AUTHORIZES THE CITY UP TO $22.5 MILLION WITH THE PLEDGE OF YOUR STATE-SHARED GROSS RECEIPTS TAX REVENUE. THIS IS DIFFERENT THAN THE G.O. BOND THAT YOU APPROVED LAST MONTH WITH THE CLOSING ON WEDNESDAY. WHICH -- THIS IS PLEDGING YOUR STATE-SHARED GROSS RECEIPTS TAX. THERE'S NO OTHER LIEN OR REVENUE SOURCES PLEDGED. IT DOES APPROVED THE PROJECTS OUTLINED IN SECTION 17 SUBJECT TO THE AMENDMENT. AND BREAKS DOWN THE $20 MILLION BETWEEN THOSE VARIOUS PROJECTS. MAJORITY OF THE ORDINANCE JUST RELATES TO HOW THE BOND WORKS. THE SUBSTANCE WILL BE DETERMINED WHEN THE BONDS ARE PRICED. IF YOU APPROVED TONIGHT THEN THE SIT AND STAFF WILL MOVE FORWARD TO MARKET THE BONDS. THEY WILL GO OUT FOR A PERIOD UP TO 25 YEARS IN MATURITY. AND ALL OF THAT WILL BE DETERMINED AT THE TIME OF PRICING. AND THE APPROVAL OF THE CFO WITHIN THE PARAMETERS SET FORTH IN THE ORDINANCE. HAPPY TO ANSWER ANY QUESTIONS ABOUT THE ORDINANCE. THE KEY THING BEING THE LIMITED SHARE OF THE PLEDGE OF THE GROSS VEETS TAX. THE CITY HAS BONDS. IT'S TRIPLE-A CREDIT. THE MOST SECURE OF CREDIT. AND IT RELATES TO A LOWER INTEREST COST TO THE CITY WHICH IS A BENEFIT. HAPPY TO ANSWER ANY QUESTIONS. >>COUN. LEWIS: WOULD YOU LIKE TO COMMENT ON THE AMENDMENT? >> YES, MR. PRESIDENT. I'D LIKE TO SPEAK TO THE PROJECTS INCLUDED WITHIN THIS BOND. I THINK IT'S IMPORTANT FOR ALL OF US TO ACKNOWLEDGE THERE ARE SOME REALLY IMPORTANT PROJECTS THAT THROUGH THIS BOND WE'LL HAVE THE FUNDING, THE SALE OF THIS BOND WILL HAVE THE FUNDING TO COMPLETE MULTIPLE PROJECTS ACROSS THE CITY. WE KURNTLY HAVE WITHIN THIS BOND PROPOSAL FOR THE SOUTHWEST PUBLIC SAFETY CENTER. THE YOUTH SHELTER AS AMENDED AND DISTRICT SEVEN AS WELL AS APD HELICOPTER. THIS WOULD ALLOW US TO MATCH THE FUNDS WE RECEIVE FROM THE STATE EXECUTIVE FOR THE APD HELICOPTER REPLACEMENT. IT INCLUDES FUNDING FOR THE CIBOLA LOOP MULTIGENERATIONAL CENTER. AND INCLUDES FUNDS FOR THE PROJECTS UNDERWAY AT THE GIBSON HEALTH HUB WHICH IS MEDICAL RESPITE AND MEDICAL SOBERING. AND WE HAVE FUNDING FOR THE WEST SIDE EMERGENCY HOUSING CENTER FOR THE RENOVATIONS WE INDICATED SPECIFICALLY SORELY NEED FOR US TO IMPROVE THE CONDITIONS. AND FINAL FUNDING FOR THE CITY'S OBLIGATION WITH THE RAIL YARDS PROJECT IN PARTNERSHIP WITH CNM AND STATE OF NEW MEXICO FOR THE MEDIA ACADEMY. >>COUN. LEWIS: OKAY, I THINK WE HAVE PEOPLE TO SPEAK ON THIS AS WELL. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS RICHARD FOLLOWED BY DAYMON. >> GOOD EVENING, COUNCILOR LEWIS, MEMBERS OF THE COUNCIL, I'LL HERE TO SPEAK IN SUPPORT OF BROADER AFFORDABLE HOUSING. FOR THE HUD DEFINED, EXTREMELY LOWCOME, LOW INCOME. IN THIS BOND MEASURE IT'S NOT INCLUDED. HOWEVER THERE IS FUNDING FOR GIBSON HEALTH HUB AND WEST SIDE EMERGENCY HOUSING SHELTER WHICH WAS DISCUSSED AT THE COMMITTEE OF THE WHOLE MEETING LAST WEEK HAS QUESTIONABLE APPLICATION. I DON'T KNOW IF THAT'S IN THIS INSTRUMENT. I ASK THAT YOU CONSIDER BROADLY, IF NOT IN THIS BOND PACKAGE, FUNDING FOR AFFORDABLE HOUSING. WHAT IT SEEMED IN THE COMMITTEE OF THE WHOLE IS THAT FUNDING IS GOING TOWARD THE UNHOUSED WITHOUT THE CONTINUUM SUPPORT THAT COME AFTER THAT. IT IS REALLY A CONTINUUM. AS YOU POLICY PAKERS TEND TO DIVIDE HOMELESSNESS FROM HOUSING. IT'S THE SAME THING. AND ONE QUESTION I HAD ON THIS MEASURE IS I THOUGHT WE BOUGHT OUT APD HELICOPTER IN THE LAST FEW YEARS. MAYBE IT DIDN'T GET THE MATCHING FUNDS. I WAS WONDERING ABOUT THAT AS WELL. THANK YOU. >> DAYMAN FOLLOWED BY ARTHUR. >> MR. PRESIDENT, COUNCILORS, I THINK I CAN WAIVE MY PUBLIC COMMENT. I'LL SAY EVERYTHING RIGHT NOW. YOU HAVE IN FRONT OF YOU -- I HAVE SENT TO YOU LAST WEEK, IN FACT I HAVE AN UPDATED VERSION, NOW A 68-PAGE REPORT THAT I'VE DONE AS A VOLUNTEER OVER THE LAST YEAR ON HOMELESSNESS. >>COUN. LEWIS: I APOLOGIZE. ARE YOU SPEAKING ON THIS MATTER? >>COUN. LEWIS: I APOLOGIZE. >> THIS IS JUST REAL QUICK. AS MUCH AS IT'S DEPLORABLE, AND AWFUL, I'VE BEEN OUT THERE SEVERAL TIMES. BUT IF YOU DON'T PUT MONEY INTO THE WEHCP. IF YOU DON'T PUT MORE MONEY YOU'LL HAVE 400 MORE PEOPLE ON THE STREETS. YOU HAVE TO PUT MONEY IN THE WHEC. IT'S NOT A SOLUTION. I CAN COME BACK FROM PUBLIC COMMENT JUST TO INTRODUCE MYSELF. >>COUN. LEWIS: THANK YOU, MR. PRESIDENT. YOU'RE WELCOME TO COME BACK FOR GENERAL PUBLIC COMMENT. I KNOW YOU HAVE A PRESENTATION DOWN THE ROAD. >> THANK YOU. >>-- FOLLOWED BY SAM. SAM FOLLOWED BY TERRY ON ZOOM. >> HELLO. I WOULD LIKE TO START WITH INTRODUCING MYSELF. I'VE BEEN A VOLUNTEER AT THE WEST SIDE SHELTER SINCE EARLY THIS YEAR. IN MY SHORT TIME THERE, I HAVE NOTICED A NEED FOR RENOVATIONS AND IMPROVEMENTS. IN PARTICULAR MAINTENANCE. THERE'S A DIRE NEED FOR OVERALL MAINTENANCE AND A NEED FOR RENOVATIONS SUCH AS PAINT, FLOORING, SPACES, AND OVERALL INADEQUATE SPACE. THE WEST SIDE EMERGENCY HOUSING CENTER NEEDS FUNDS FOR URGENT NEEDED RENOVATIONS AND MAINTENANCE. THE FACILITY HAS BEEN SERVING HUNDREDS OF PEOPLE FOR YEARS AND HAS NOT RECEIVED APPROPRIATE FUNDING TO MAINTAIN A PUBLIC FACILITY. IT HAS NOT RECEIVED UPGRADES AND MAINTENANCE AT THE LEVEL OF ANY OTHER FACILITY. THE FUND IS SEARCH TO PROVIDING ACCEPTABLE STANDARD OF CARE TO THE 500-PLUS PEOPLE THAT USE THE FACILITY DAILY. I WOULD LIKE TO ASK THAT THESE BE APPROVED FUNDING FOR THE FACILITIES AND THE WEST SIDE EMERGENCY HOUSING CENTER. >> TERRY FOLLOWED BY JACKSON. >> YES, HI. COUNCILOR LEWIS, COUNCILORS, I AM THE PROGRAM DIRECTOR AT THE STUDENT GATEWAY FIRST RESPONDERS RECEIVING AREA. IT'S AN HONOR TO SPEAK WITH YOU ALL TONIGHT. I JUST HEARD FROM DR. COFFMAN SLATED TO SPEAK A COUPLE SPEAKERS AGO. HE APOLOGIZES FOR HAVING TO MISS AND HAS SENT A MESSAGE THAT I WOULD LIKE TO PASS ALONG FROM HIM. BASICALLY, WE'RE BOTH IN STRONG SUPPORT OF THIS BOND BECAUSE WE AT THE HEALTH SCIENCES CENTER KNOW THAT WITHOUT ADEQUATE ACCESS TO HEALTH SERVICES LIKE THE ONES THAT ARE OCCURRING AT THE GATEWAY CENTER AND IN PLANNING STAGES AT THE GATEWAY CENTER, WITHOUT THOSE THINGS AND OTHER SOCIAL SUPPORT AND A COORDINATED PLANNING SYSTEM LIKE THE GATEWAY CENTER IS PROVING TO BE, IT IS NEARLY IMPOSSIBLE TO HELP PEOPLE STAY ON TRACK FOR A HEALTHY LIFE. DR. COFFMAN JUST WROTE A TEXT AND HE SAYS EVERY WEEK I DISCHARGE PATIENTS FROM OUR HOSPITAL AND ER INTO AN INHOSPITABLE SOCIAL ENVIRONMENT THAT I KNOW FAVORS THEIR READMISSION. THE GATEWAY CENTER INCLUDING ALL OF OUR PARTNERS WE'RE LOOKING FORWARD TO WITH GIVE US AN AVENUE TO SEND DISCHARGE PATIENTS ON A DIFFERENT COURSE. IN SUPPORT OF THIS, AS A SOCIAL EPIDEMIOLOGIST AND A PUBLIC HEALTH PROGRAM PLANNER AND EVALUATOR, I CAN ATTEST TO THE NEED FOR THE PLANNED MEDICAL DETOX AND RESPITE BEDS AND SERVICES THAT ARE FORTH COMING AND BEING CONSTRUCTED AT THE GATEWAY CENTER. THEY WILL PROMOTE POPULATION HEALTH AND PUBLIC SAFETY IN THE CITY. IN FACT THE COMMUNITY CONNECTOR HUB SERVICES THAT WE'RE PLANNING FOR THE RECEIVING AREA WE WITH HOPE TO OPEN IN JUNE, THAT THOSE PLANNING PARTNERS AND OUR STRUCTURE AT THE HEALTH SCIENCES CENTER ARE WORKING VERY HARD TO BUILD A STRONGER SAFETY NET. AND THAT LEADS TO A STRONGER HOUSING AND ADDICTIONS TREATMENT SERVICES. WHICH THERE ARE AN AN INCREDIBLE SHORTAGE. BECAUSE SO MANY OF THE NEEDS WE HAVE -- >> THANK YOU. YOUR TIME IS UP. >>-- THE LEAD FOR HOUSING. >>COUN. LEWIS: THANK YOU, SIR. THANK YOU, SIR. YOUR TIME IS UP. IT'S ALL YOU, MR. CORNELIUS. >> OUR NEXT SPEAKER IS JACKSON FOLLOWED BY MARION. THANK YOU. >> MR. PRESIDENT, VARIOUS COUNCIL MEMBERS, I WOULD LIKE TO -- AS THE PERSON BEFORE LAST SAID, I WOULD LIKE TO EXPRESS MY SUPPORT FOR IMPROVEMENTS TO THE WEST SIDE EMERGENCY HOUSING CENTER. IN THE PAST, IT HAS BEEN NEGLECTED AND NOT RECEIVED ITS APPROPRIATE FUNDING. I WOULD LIKE TO ENCOURAGE YOU TO DO THAT NOW SO THAT WAY YOU CAN WRITE THIS -- RIGHT THIS MISTAKE. AND THE FUNDING WOULD BE EXCELLENT IN ORDER TO HELP THE HUNDREDS OF PEOPLE THAT USE THAT AREA. AND GIVEN THE UNDENIABLE ISSUES THAT HOMELESSNESS IS IN ALBUQUERQUE, I THINK THAT IMPROVING THE WEST SIDE SHELTER IS FRULY A MORAL OBLIGATION FROM YOU ALL. THAT IS ALL. I HOPE THAT LEAVES AN IMPRESSION. >> MARION FOLLOWED BY REGINA. YOU ARE MUTED. >> OKAY, THANK YOU. GOOD EVENING, MR. PRESIDENT, COUNCILORS, THANK YOU FOR THIS OPPORTUNITY. I AM THE DIRECTOR OF HOUSING DEVELOPMENT FOR FULL HOUSING. AND ALSO THE VICE-PRESIDENT OF THE ALBUQUERQUE AFFORDABLE HOUSING COALITION. FULL HOUSING HAS BEEN CREATING EXCEPTIONAL HOUSING THAT PROMOTES HOUSING STABILITY AND VIBRANT COMMUNITIES IN ALBUQUERQUE FOR OVER 30 YEARS. WE'RE DEEPLY CONCERNED WITH THE HOUSING SHORTAGE AND THE CONTINUATION OF THE LOW LEVELS OF HOUSING DEVELOPMENT THAT WE'RE BEING ABLE TO ACHIEVE IN OUR COMMUNITY RIGHT NOW. AND WHEN WE SAW THE OPPORTUNITY FOR IMPROVEMENT REVENUE BONDS TO BE USED TOWARD AFFORDABLE HOUSING, WHICH HAS SINCE BEEN AMENDED, BUT WE THOUGHT THAT WAS WONDERFUL TOOL THAT SHOULD BE ADDED TO THE TOOLBOX FOR THE CITY TO USE TO LEVERAGE FUNDS AND INCREASE THE AMOUNT OF HOUSING DEVELOPMENT THAT IS OCCURRING AT THIS TIME. WHILE ALL NEEDS AND ANYONE SUFFERING AT THIS TIME IS HORRIBLE. WE WOULD ENCOURAGE THAT FUNDING TO GO TOWARD THE ROOT CAUSE WHICH IS OUR SHORTAGE OF HOUSING PLY AND INCREASED OF VOUCHERS BEING USED TO RAPIDLY REHOUSE INDIVIDUALS AS OPPOSED TO INVINCENT E. GRIEGOS ANY FURTHER INTO INVESTING INTO THE WEST SIDE SHELTER. AS A TOOL TO INCENTIVIZE HOUSING DEVELOPMENT, BUT THE BOND MONEY COULD BE USED TO BUY DOWN RENT TO MAINTAIN AFFORDABILITY FOR RESIDENTS. WE ENCOURAGE CITY COUNCILLORS TO PRIORITIZE AFFORDABLE HOUSING. BECAUSE THAT COMMITMENT IS INSTRUMENTAL TO OUR PRESSING HOUSING NEEDS IN THE COMMUNITY. THANK YOU. >> REGINA FOLLOWED BY ZAINA. REGINA. >> OKAY. AM I THERE? >> THANK YOU, WE CAN HEAR YOU. PLEASE PROCEED. >> YES. HELLO, I AM VOLUNTEERING AT THE WEST SIDE EMERGENCY HOUSING CENTERS. SINCE NOVEMBER 2023. SO FAR I SPEND ABOUT 80 HOURS, MANY ORGANIZING DONATIONS. AND OVER THE TIME I SAW A BIG PART OF THE FACILITY -- I MET GUESTS AND EMPLOYEES. IN MY OPINION, THE STANDARDS AT THE SHELTER IS VERY LOW AND DESERVES MUCH-NEEDED UPGRADES. ESPECIALLY REGARDING THE HIGH AND DAILY OCCUPANCY. PLEASE APPROVE ALL FUNDING TO DO THOSE NECESSARY IMPROVEMENTS AT THE SHELTER AT THE WEHC TO ENSURE SAFETY AND HUMAN CONDITIONS FOR RESIDENTS IN NEED. AS WELL FOR THE EMPLOYEES. THANK YOU. >> ZAIRE. >> HELLO. >> PLEASE PROCEED. >> I'M A STUDENT AT UNIVERSITY OF NEW MEXICO. I AM CURRENTLY DOING POLITICAL SCIENCE. I WAS JUST MAKING A COUPLE COMMENTS REGARDING THE WEST SIDE SHELTER. I BELIEVE IT'S ONE OF THE FEW PLACES THAT UNHOUSED COOPERATIONS CAN REALLY CAN GO TO CONSIDERING THE CHALLENGES OUT THERE. AND IT'S VERY DIFFICULT TO GET INTO PROGRAMS. MOST OF THEM ARE STRULG STRUGGLING WITH MENTAL HEALTH ISSUES AND SUBSTANCE USE. WEST SIDE SHELTER ACTS LIKE A HOME FOR THEM AND REFUGE FOR THEM. IT'S OUR DUTY AS A COMMUNITY TO RESPECT THE SHELTER AND GIVE IT MORE URGENCY. WE ALSO NEED TO RECOGNIZE THAT THE BOARD -- I'M SORRY. WE NEED TO RECOGNIZE THE HOMELESSNESS ISSUE AND BEHAVIORAL HEALTH ISSUES. IT'S IMPORTANT THAT THE COUNCIL GIVE MORE ATTENTION TO THE WEST SIDE SHELTER, NOT ONLY APPROVING ALL FUNDING BUT ALSO PROVIDING MORE RESOURCES. THE SHELTER ACTS AS A ROUTE THAT WILL HELP SOLVE THE ISSUE OF HOMELESSNESS. THANK YOU. >> MR. PRESIDENT, THERE WERE TWO OTHER SPEAKERS I CAN'T LOCATE IN ZOOM. THAT DOES CONCLUDE COMMENT ON O-24-10. >>COUN. LEWIS: COUNCILORS, WE'RE ON THE AMENDMENT. ANY DISCUSSION ON THE AMENDMENT? WE'LL GO BACK TO THE SPONSOR OF THE AMENDMENT. WE'LL VOTE ON THE AMENDMENT. THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. OPPOSED NO. THAT MOTION PASSES. NOW WE'RE BACK ON THE BILL. BACK TO THE SPONSORS. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. FIRST, THANK OUR STAFF TO CITY COUNCIL. I APPRECIATE YOU GUYS. AND WORKING WITH THE ADMINISTRATION ON THIS, THIS IS REALLY JUST A PUBLIC SAFETY BILL. AND THROUGH OUR DISCUSSIONS, THESE PROJECTS ARE AIMED TO BE COMPLETED PROJECTS. SO WE'RE NOT LOOKING FOR MORE MONEY DOWN THE ROAD. NOT TO SAY THAT MAY NOT OCCUR, BUT I'M REALLY ENCOURAGED TO SEE THIS IS REALLY ADDRESSING SOME OF THE MAIN ISSUES WE HAVE IN THE COMMUNITY. YOU KNOW THE YOUTH SHELTER, I THINK IT'S AMAZING. AND THE MULTI-GEN CENTER AS YOU ALL KNOW, IF YOU'RE FROM THE WEST SIDE WE'RE ALREADY IN OUR NEED FOR ADDITIONAL MULTI-GEN CENTERS. I KNOW COUNCILOR SANCHEZ HAS BEEN TALKING ABOUT THAT ONE IN MY DISTRICT AND ONE IN MINE. I'M EXCITED WE'LL BE ABLE TO ACCOMPLISH AND FINISH AND BUILD THAT ONE. OF COURSE THE GIBSON HEALTH HUB. AND THE WEST SIDE EMERGENCY SHELTER. THIS IS SOMETHING WE'RE CURRENTLY USING AND MAINTAINING THE STANDARDS THERE, THIS IS SOMETHING VERY IMPORTANT TO THE PEOPLE THAT ARE UTILIZING IT CURRENTLY UNTIL WE DO HAVE OTHER RESOURCES AVAILABLE. AND SO WITH THAT, I WOULD URGE YOUR SUPPORT. THANK YOU TO THE ADMINISTRATION. >>COUN. LEWIS: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I AMMING WANT TO MAKE . >>COUN. BASSAN: I JUST WANT TO MAKE SURE TO EXPRESS THE HEARTBURN THAT I HAVE APPROVING THE FUNDS FOR THIS. THAT INCLUDE MORE MONEY FOR THE GATEWAY. I HOPE WE WILL FINISH THESE TWO PORTIONS AND BE DONE WITH IT. I WOULD LOVE FOR US TO LEASE OUT THE REST OF THE BUILDING. TO NONPROFITS DOING THE WORK AND GETTING THE ELBOW GREASE AND ALL THAT GOING ON. I HAVE TO BE VERY VOCAL ABOUT THAT. I DO HAVE HEARTBURN. I REALLY ALMOST WANTED TO DO AN AMENDMENT TO TAKE ALL THE MONEY FROM THERE AND PUT IT INTO THE AQUATIC CENTER. I ANTICIPATED IT PROBABLY WOULDN'T PASS. BUT NOW I CAN SAY I WAS STILL THINKING ABOUT THAT TOO. I CAN SAY I'M LOOKING FORWARD TO CONTINUING TO FINISH PROJECTS THAT HAVE BEGUN. I DO LOOK FORWARD TO SEEING THESE TWO PORTIONS OF GATEWAY FINISHED WITHOUT MORE FUNDING. AFTER THIS, FOR REAL, AND THEN MOVING ON. TO HELPING THE PUBLIC AND NOT PUTTING MORE MILLIONS AND MILLIONS AND MILLIONS OF DOLLARS INTO GATEWAY. >>COUN. LEWIS: COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. JUST LISTENING TO PUBLIC COMMENT, JUST MADE ME THINK OF SOMETHING THAT I HOPE THAT OUR CITY ADMINISTRATORS ARE THINKING ABOUT. I HEARD SEVERAL PEOPLE SAY THAT THE WEST SIDE SHELTER NEEDS A HUGE AMOUNT OF MAINTENANCE AND HAS NOT RECEIVED UPGRADES. I HEARD INDIVIDUALS SAY EMERGENCY HOUSING CENTER NEEDS MAJOR IMPROVEMENTS. I'VE HEARD EVERYBODY TALKING ABOUT THE DIFFERENT THINGS GOING ON. THE FIRST THING THAT COMES TO MY MIND IS LIABILITY. WE'RE DEALING WITH DRUG-ADDICTED INDIVIDUALS AND INDIVIDUALS WITH MEPTAL ILLNESS AND PEOPLE WHO ARE HOMELESS AND ADDICTED. AND LOT OF THESE PEOPLE COMMITMENT CRIMES ON OUR STREETS. BASED ON THAT, WHAT IS OUR PROJECTION FOR LIABILITY FOR THESE AREAS? HERE WE ARE, WE'RE GIVING YOU $22.5 MILLION. IT'S GOT TO BE A QUESTION ON EVERYBODY'S MIND, WHAT'S THE LIABILITY PROJECTION FOR THIS? THERE MUST BE A MASSIVE AMOUNT OF LIABILITY BECAUSE WHEN YOU HAVE THIS MANY INDIVIDUALS BEING SERVICED THAT HAVE SOME OF THESE CAPACITIES THAT ARE VERY, VERY DIFFICULT TO DEAL WITH, YOU HAVE TO DEAL WITH PROTECTION OF THE STAFF, PROTECTION OF EACH AND EVERY INDIVIDUAL THERE. YOU HAVE TO DEAL WITH MEDICAL, GETTING MEDICAL TO THEM. IF THEY DON'T GET MEDICAL IN TIME, THEY'RE GOING TO BE FILING LAWSUITS. I'M CURIOUS AS TO WHAT THE ADMINISTRATION'S PROJECTION IS FOR THE AMOUNT OF LIABILITY THAT WE'RE GOING TO BE DEALING WITH AT NOT ONLY THE WEST SIDE, THE WEHC, BUT ALSO WITH GATEWAY. NOW AND IN THE FUTURE. IF YOU'RE GOING TO BE MAKING ADJUSTMENTS FOR THAT LIABILITY AS WE GO ON. >> MR. PRESIDENT, COUNCILOR SANCHEZ, OBVIOUSLY I WOULDN'T HAVE OFF THE TOP OF MY HEAD WHAT OUR LIABILITY PROJECTIONS ARE FOR THESE FACILITIES. I'M HAPPY TO LOOK INTO THAT AND DISCUSS THAT. I THINK IT'S IMPORTANT TO NOTE THE INVESTMENTS WE'RE MAKING AT THE WEHC ARE MEANT TO IMPROVE THE CONDITIONS OF THE PHYSICAL BUILT ENVIRONMENT AT THE WHEC WHICH WILL SUPPORT US IN IMPROVING THE CONDITIONS THAT MIGHT LEAD TO LIABILITY. WHETHER THAT'S OPERATIONS, PHYSICAL ENVIRONMENT OR HAVE THE ABILITY TO HAVE A RENOVATED SPACE AND PUT IN THE NEW BEDS THAT WE ALREADY PURCHASED TO IMPROVE THE CONDITIONS FOR INDIVIDUALS AND RISKS ASSOCIATED WITH THOSE RESIDING THERE. I'M HAPPY TO EXPLORE MORE INFORMATION RELATED TO RISK LIABILITY SPECIFICALLY. IT DIDN'T COME HERE TONIGHT WITH THAT IN FRONT OF ME THANK YOU. >>COUN. SANCHEZ: IS THERE SOMETHING YOU CAN PUT TOGETHER TO BASICALLY SHOW THE CITIZENS OF ALBUQUERQUE, US CITY COUNCILLOR, WHAT WE'RE DEALING WITH IN REFERENCE TO LIABILITY AT A PROJECT LIKE THIS? TO ME, IT SEEMS LIKE IT WOULD BE A BIG NUMBER. AND ARE WE INCLUDING THOSE BIG NUMBERS IN THESE PROJECTIONS AND WITHIN THESE BILLS? THANK YOU. >>COUN. LEWIS: COUNCILOR ROGERS. ANYTHING? >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I WANTED TO ECHO THE CONDITIONS AT THE WEST SIDE SHELTER. I DID A POP UP VISIT AT THE WEST SIDE SHELTER. WE NEED THESE IMPROVEMENTS, FOR COUNCILOR SANCHEZ'S POINT, TO MINIMIZE OUR RISK AT THE WEST SIDE SHELTER BASED ON WHAT I SAW, WE ABSOLUTELY NEED THESE RENOVATIONS TO MINIMIZE THE RISK. I URGE YOUR SUPPORT. >>COUN. LEWIS: THANK YOU. ANY OTHER DISCUSSION? DISCUSSION IS CLOSED. WE'LL GO TO A VOTE. O-10 AS AMENDED. THOSE IN FIVE -- FAVOR YES, OPPOSED NO. THAT PASSES UNANIMOUSLY. THIS IS APPEALS. EC-6. BOSQUE DEL ACRES NEIGHBORHOOD ASSOCIATION. SHARON, RESIDENT OF BOSQUE DEL ACRES APPEALING THE EPC. CITIZENS APPROVED SIGN FOR CANNABIS VARIANCE AT COORS BOULEVARD AND 7-BAR LOOP. TEN ACRES. IF YOU WILL GIVE US THE BACKGROUND ON THIS APPEAL. >> THANK YOU, MR. PRESIDENT. THIS APPEAL CONCERNS PROPOSED DEVELOPMENT ON 2.1 ACRES OF LAND AT COORS AND 7-BAR LOOP. THE APPLICANTS PROPOSED TO DEVELOP A RESTAURANT USE, OFFICE USE AND CANNABIS RETAIL AND TWO-STORY BUILDING AND 14 TOWN HOMES. THE EPC APPROVED THE PROPOSED DEVELOPMENT AND ISSUE OF THE APPEAL IS WHETHER THE PORTIONS SHOULD BE UPHELD. CANNABIS RETAIL USE OF THE SITE. TWO VARIANCE REDUCING A LANDSCAPING BUFFER THAT WOULD BE REQUIRED BECAUSE THE DEVELOPMENT OF AN OPEN SPACE ARKIA LOGICAL SITE. AND TWO HEIGHT VARIANCES THAT ADD FIVE FEET TO THE CANNABIS RETAIL AND FOUR AND A HALF TO TWO OF THE 14 TOWN HOMES. THE APPELLANTS APPEALED THIS BECAUSE THE NEIGHBORHOOD DOES NOT APPROVE THE CANNABIS BEING SOLD. THE NEIGHBORHOOD DOES NOT SUPPORT THE LANDSCAPE BUFFER VARIANCE AND THERE'S NO SPECIAL CIRCUMSTANCES OR HARDSHIP THAT JUSTIFIES THE VARIANCE. AND THE HEIGHT VARIANCE WOULD CONTRADICT VPO1 WHICH PROTECTS THE VIEWS OF THE BOSQUE AND SANDIA FROM VIEW POINT ALONG COORS. THE COUNCIL REFERRED TO THE LAND USE HEARING OFFICER WHO RECOMMENDS THE CITY COUNCIL DENY THE APPEAL AND UPHOLD THE EPC'S DECISION TO APPROVE THE LAND USE VARIANCES BECAUSE THERE'S SUBSTANTIAL EVIDENCE IN THE RECORD TO SUPPORT THE EPC DECISION. CANNABIS RETAIL IS PERMISSIVE USE IN THE ZONE WHERE IT IS SITUATED. REDUSED LANDSCAPE DEVELOPER BETWEEN THE -- MEETS THE IDO CRITERIA AND IS SUPPORTED BY THE OPEN SPACE DIVISION WHICH OWNS THE OPEN SPACE AND MEANS TO PROTECT THE SPACE. AND THE HEIGHT VARIANCES MEET THE VARIANCE KIT AND DO NOT IMPEDE THE PROTECTIONS. THEY FURTHER FOUND THE APPELLANTS HAVE NOT MET BURDEN OF PROOF. HE RECOMMENDS DENIAL IN THE ENTIRETY. THIS IS THE ACCEPT OR REJECT. WE WON'T HEAR FROM PARTIES OR PUBLIC TONIGHT ON THE ISSUE. COUNCIL HAS THREE OPTIONS, ACCEPT THE LUHO RECOMMENDATION AND FINDING. ACCEPT THE FINDING BUT ADOPT DIFFERENT FINDING. OR REJECT THE FINDING IN WHICH CASE WE'LL HAVE A FULL HEARING ON THIS AT THE FOLLOWING COUNCIL MEETING MAY 20th. >>COUN. LEWIS: WOULD YOU EXPLAIN THE SIGHT LINE OR SIGHT VIEW? I KNOW THE -- TO BE COMPLIANCE WITH THE COORS CORRIDOR PLAN AND THE HEIGHTS, IT WAS A VARIANCE HERE. BUT AS I UNDERSTAND IT'S UNDERNEATH THE SIGHTLINE. >> MR. PRESIDENT, THE APPLICANT SUBMITTED AS PART OF THE EPC APPLICATION A VIEW ANALYSIS THAT GOES OVER THE VPO AND SIGHT LINE REQUIRED AS WELL AS INPUTTING THE 4.5 FOOT VARIANCES REQUESTED. THOSE ARE INCLUDED IN THE RECORD IN YOUR WRITE-UPS. IT SHOWS THE ADDITIONAL HEIGHT REQUESTED LEAVES AMPLE VIEWS OF THE SANDIAS AS INTENDED. >>COUN. LEWIS: NO OBINSTRUCTION ACCORDING TO THE RULES. AND THE DEPARTMENT, THE ENVIRONMENTAL HEALTH DEPARTMENT, NOT ONLY APPROVED BUT RECOMMENDED THE BUFFER ZONE BETWEEN THE DEVELOPMENT AND THE OTHER PROPERTY, PROTECTED PROPERTY? >> MR. PRESIDENT, THAT'S CORRECT. THE CITY'S OPEN SPACE DIVISION MET WITH THE APPLICATIONS TO DISCUSS HOW TO BEST PROTECT A BUDDING MAJOR PUBLIC OPEN SPACE SIGHT. THEY WORKED TOGETHER TO COME UP WITH THE VARIANCE NUMBERS GOING DOWN FROM A 45-FOOT LANDSCAPE BUFFER TO A 6-FOOT BUFFER WITH A FIVE-FOOT PUBLIC ACCESS EASEMENT AND A WALL TO PROTECT THE MAJOR PUBLIC SITE FROM THE DEVELOPMENT. >>COUN. LEWIS: COUNCILORS, I'M GOING TO MOVE TO ACCEPT THE LUHO RECOMMENDATION AND FINDING. THAT'S MOVED AND SECONDED BY COUNCILOR GROUT. ANY OTHER QUESTIONS? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I JUST WANTED TO VERIFY A FEW THINGS. I THOUGHT IT SAID WALL. I LOOKED THROUGH AND IT SAID IT CAN BE A WALL OR LANDSCAPING. IS THAT TRUE? >> MR. PRESIDENT, COUNCILOR FIEBELKORN, MY UNDERSTANDING IS THERE IS A MIXTURE OF WALL ON CERTAIN PORTIONS AND APPROPRIATE LANDSCAPING ON OTHER AREAS DEPENDING ON WHERE IT'S SITUATED. >>COUN. FIEBELKORN: THANK YOU. I KNOW THE OPEN SPACE DIVISION APPROVES THIS AND LIKES THIS PLAN. I COULDN'T FIND IN THE RECORD IF THERE'S A DISCUSSION OF WILDLIFE ON THIS OPEN SPACE. I KNOW THE MAJOR POINT IS NOT WILDLIFE. BUT IT IS OPEN SPACE WITHIN THE CITY. I THOUGHT STRANGE THERE WAS NO DISCUSSION OF WILDLIFE IMPACT. >> MR. PRESIDENT, COUNCILOR FIEBELKORN. THAT'S CORRECT. I ALSO LOOKED IN THE RECORD FOR THAT POINT AND WAS NOT ABLE TO FIND A MENTION OF ANIMALS OR WILDLIFE. >>COUN. LEWIS: THANK YOU. COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU. IS THAT AREA ELEVATED ABOVE THE NEIGHBORHOOD? I KNOW SOME OF THE SECTIONS IN THAT AREA ARE ELEVATED QUITE HIGH OVER THE NEIGHBORHOOD. I JUST WANTED TO DETERMINE IF IT'S QUITE A WAYS -- CAN YOU TELL ME HOW HIGH UP THE BASE IS FROM THE LOWER PORTION OF WHERE -- I KNOW THERE'S AN ARROYO THAT RUNS THROUGH THERE. >> MR. PRESIDENT, COUNCILOR SANCHEZ, I DON'T HAVE THAT MEASUREMENT. I'M NOT SURE IS CONTAINED IN THE RECORD FOR THIS APPEAL. YOU ARE CORRECT THAT THIS PARCEL LEADS DOWN INTO THE BOSQUE SO THERE'S ELEVATION DIFFERENCE AS YOU MOVE CLOSER TO THE RIVER. >>COUN. SANCHEZ: THE REASON I ASKED THE ELEVATION QUESTION IS TRYING TO DETERMINE HOW MUCH IT'S GOING TO DISTURB THE HOUSING RIGHT BELOW IT. THANK YOU. >>COUN. LEWIS: ANY OTHER DISCUSSION? ON THE MOTION. MOTION HAS BEEN MOVED AND SECONDED. WE'LL CALL THE DISCUSSION. THOSE IN FAVOR SAY YES AND RECOGNIZE -- THAT PASSES UNANIMOUSLY. NOW WE'RE GOING TO MOVE TO GENERAL PUBLIC COMMENT. THIS IS NUMBERS OF THE PUBLIC CAN PROVIDE LIVE PUBLIC COMMENTS TO THE COUNCIL IN PERSON OR VIRTUALLY IF THEY HAVE SIGNED UP FOR PUBLIC COMMENT PER INSTRUCTIONS PUBLISHED ON THE AGENDA. HERE THE GROUND RULES EACH PARTICIPANT HAS TWO MINUTES TO PRESENT, COMMENTS ARE TO BE ADDRESSED TO THE COUNCILORS ONLY THROUGH THE COUNCIL PRESIDENT, ANY DISRUPTIVE CONDUCT WILL RESULT IN REMOVAL. TWO-MINUTE TIME LIMIT A DEL WILL INDICATE TIME IS UP. WE HAVE FOLKS HERE THAT I KNOW HAVE SOME TRANSLATION. FOR THOSE OF YOU THAT DO, WE'LL LET THE CLOCK GO TO THREE MINUTES. YOU DON'T HAVE TO TAKE THAT ENTIRE TIME. BUT BECAUSE OF THE EXTRA TIME NEEDED FOR TRANSLATION YOU'LL BE GIVEN THREE MINUTES. AND AGAIN, YOU DON'T HAVE TO USE THE WHOLE TIME. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS BRUCE FOLLOWED BY SUE. >> MR. PRESIDENT, COUNCILORS, I'M DR. BRUCE, RETIRED PHYSICIAN AND PAST PRESIDENT OF THE NEW MEXICO BIO PARK SOCIETY DIRECTORS. CONSIDER ME YOUR REPRESENTATIVE OF THE 98,000 MEMBERS OF THE NEW MEXICO BIO PARK SOCIETY WHO STAND IN SOLIDARITY WITH PROTEST TO THE DRUCONIAN CUTS IN THE BIO PARK. MY MAIN CONCERN IS ALL THREE AREAS OF THE CUTS OF THE BUDGET THREATENS CERTIFICATION AND LICENSURE OF THE FACILITIES. CERTIFICATION BY THE ASSOCIATION OF ZOOS AND AQUARIUMS KNOWN AS THE AZA, AND CERTIFICATION BY ANIMAL HUMANE AND LICENSURE TO EXHIBIT ANIMALS BY THE USDA. IF THOSE ARE LOST OUR FACILITY WILL BE A THIRD-RATE ENTITY. THINK ABOUT IT, IF WE CAN'T FEED OR GIVE OUR ANIMALS DUE TO INFLATION COST OF MEDICATION, WE'LL HAVE TO TRANSFER ANIMALS TO OTHER FACILITIES AND CLOSE HABITATS. THINK ABOUT IT, IF WE REFUSE TO FUND OUR EXHIBITS, WE MAY HAVE TO CLOSE IT. THINK ABOUT IT. IF WE REFUSE TO ADEQUATELY STAFF OUR FACILITY WITH SIX ADDITIONAL KEEPERS AND ESPECIALLY WITH THE VITALLY IMPORTANT AND LONG-NEEDED VETERINARIAN, WE CAN'T ASSURE SAFETY FOR OUR ANIMAL POPULATION OR FOR OUR VISITORS. THE PRIMARY REASONS FOR LOSING CERTIFICATION ARE INADEQUATE STAFFING AND FINANCIAL PROBLEMS. IF THESE CUTS GO THROUGH WE WILL BE SEEING BOTH. PLEASE, COUNCILORS, DON'T JEOPARDIZE OUR AZA CERTIFICATION OR LICENSE TO EXHIBIT ANIMALS. OPPOSE THESE BUDGET CUTS AND PROPOSE PERMANENT SOLUTIONS FOR BIO PARK FUNDING. THANK YOU. >>COUN. FIEBELKORN: QUICK COMMENT. WE HAVE THIS GENTLEMAN COME. I AGREE WITH HIM. I WANT TO MAKE SURE EVERYBODY UNDERSTANDS THIS BODY HAS NOT DONE ANY CUTS TO THE BUT BYO PARK. -- BIO PARK. I DID PUT THE CLIP OF THE Q&A FROM LAST THURSDAY'S BUDGET HEARING WITH THE DIRECTOR OF ARTS AND CULTURE ON MY CITY WEBSITE. PLEASE GO THERE AND LOOK. WE SPECIFICALLY ASKED WHAT THEY NEEDED AND THEY SAID OVER AND OVER AGAIN NOTHING. I WOULD ENCOURAGE FOLKS TO PERHAPS SEPPED -- SEND YOUR COMPLAINTS TO THE ADMINISTRATION AND MS. SANCHEZ RATHER THAN CITY COUNCIL THAT IS TRYING TO MAKE SURE THE ANIMALS ARE FED AND VETERINARIANS ARE PROVIDED. LOOK AT THE BUDGET HEARING LAST WEEK AND DIRECT YOUR COMMENTS IT THE RIGHT PEOPLE. I SUGGEST. THANK YOU. >> SUE, FOLLOWED BY JACKIE. >> GOOD EVENING, MR. PRESIDENT, COUNCILORS, I'M A BOARD MEMBER AND VOLUNTEER LEADER SPEAKING ON BEHALF OF OUR 98,000 VOLUNTEER FOR THE NEW MEXICO BIO PARK SOCIETY. IT IS MY UNDERSTANDING THAT ORIGINALLY PROPOSED BUDGET CUTS FOR THE BIO PARK HAVE BEEN RECONSIDERED AND ARE NO LONGER POSING IMMEDIATE THREATS. THANK YOU. I'M HERE TO REMIND THE COUNCIL THAT THESE FUNDS WILL ALWAYS BE NECESSARY. THE GRT AND YEARS OF INVESTMENTS IN THE COMMUNITY HAVE BROUGHT GROWTH AND WILL CONTINUE TO DO SO OVER THE YEARS. THIS MAKES THE NEED EVEN MORE CRITICAL. REOCCURRING FUNDS PROMISED FOR OPERATION OF NEW ASIA HABITATS ARE NECESSARY TO KEEP THE STATE OF THE ART EXPANSION OPEN TO THE PUBLIC AND OPERATING SAFELY. THE COST OF FEEDING OUR ANIMALS HAS INCREASED 44% OVER THE LAST FIVE YEARS AND IS EXPECTED TO INCREASE 20% IN 2025. MEDICINE IS ALSO BECOME MORE EXPENSIVE. CRUCIAL FUNDS ARE NEEDED FOR STAFF PROVISIONS PARTICULARLY IN THE VET CLINIC, THE BIO PARK RELIED ON TWO VETERINARIANS SINCE 1980 WHICH WE HAD LESS THAN 400 ANIMALS. NOW, WE HAVE GROWN TO INCLUDE THE AQUARIUM, GARDEN, HERITAGE FARM AND TINGLY, THERE ARE MORE THAN 13,000 ANIMALS SPREAD ACROSS 150 ACRES. FROM PROVIDING SAFE, LIFE-SAVING CARE IN THE FORM OF ELEPHANT EYE SURGERY OR CARNIVORE DENTAL WORK TO STINGRAY SURGERY, THE DEMANDS ARE HIGH AND IT'S SERIOUS WITHOUT SUFFICIENT STAFFING. THE ASSOCIATION OF ZOOS AND AQUARIUMS REQUIRES ADEQUATE STAFFING. WE CANNOT JEOPARDIZE. YOU, CITY COUNCILLORS, HAVE ALWAYS BEEN OUTSTANDING SUPPORTERS OF OUR EXCEPTIONAL BIO PARK FACILITY. I ENCOURAGE YOU TO CONTINUE THIS SUPPORT SO WE REMAIN FULLY OPERATIONAL IN 2025 TO ENSURE OUR BIO PARK REMAINS A SOURCE OF PRIDE AND NUMBER ONE FAMILY DESTINATION. >>COUN. LEWIS: THANK YOU. JUST TO REITERATE WHAT COUNCILOR FIEBELKORN SUGGESTED OR SAID, THE ONLY THING THAT'S BEING PROPOSED RIGHT NOW, THE ONLY THING BEFORE THE COUNCIL IS THE MAYOR'S PROPOSED BUDGET AND THEN WE'RE GOING THROUGH OUR BUDGET PROCESS AND THERE WILL BE AMENDMENTS MADE TO VARIOUS PARTS OF THE BUDGET. ANY IMPRESSION OF ANY KIND OF REDUCTION IN SERVICES OR THINGS LIKE THAT, AGAIN, THE ONLY THING PROPOSED IS THE MAYORS BUDGET. I'LL GIVE THE ADMINISTRATION, IF YOU LIKE TO CLARIFY AT ANY TIME, YOU'RE WELCOME TO. >> MR. PRESIDENT, THANK YOU. THE ADMINISTRATION DID SEND DOWN THE BUDGET AS PROPOSED AND HAVE SHARED THAT OUR INTENT IS TO ENSURE THAT WE KEEP THE NEEDS OF THE BIO PARK AND ANIMALS ABSOLUTELY UPHELD WITHIN THE BUDGET WE SENT. AS DIRECTOR SANCHEZ INDICATED, WE HAVE BELIEVED THAT WITHIN THE BUDGET WE CAN FULFILL THE NEEDS OF THE ANIMALS. >>COUN. LEWIS: COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I APOLOGIZE, I DIDN'T GET THE NAME OF THE SPEAKER, BUT SHE SAID THE PROBLEM IS SOLVED. CAN OUR STAFF ACTUALLY EXPLAIN HOW THAT COULD HAVE BEEN SOLVED? I KNOW WE RECEIVED COMMUNICATION FROM THE ADMINISTRATION. I'D LIKE TO UNDERSTAND HOW THE ADMINISTRATION INTENDS TO SOLVE THAT PROBLEM? >> MADAM CHAIR -- COUNCILOR, COUNCIL PRESIDENT, THE PROCESS TO -- THE BUDGET HAS BEEN SENT DOWN. NOW IT'S IN THE COUNCIL'S HAPPENED, COUNCIL HAS TO MAKE AMENDMENTS TO THE BUDGET TO ADD THE MONEY BACK IN. THE ADMINISTRATION CAN HELP US LOOK FOR MONEY, BUT RIGHT NOW IT'S THE WILL OF THE COUNCIL. SO IF THE ADMINISTRATION -- THE ADMINISTRATION DOESN'T PLAY MUCH OF A PART. >>COUN. PEÑA: MR. PRESIDENT, HOW DID YOU FIX IT? >> COUNCILOR PEÑA, AS WE ALL KNOW, THIS BODY BUDGETS AT THE PROGRAM LEVEL. AND WHAT WE HAVE SAID IN PRIOR MEETINGS IS THAT WE'RE CONFIDENT THAT THIS DEPARTMENT HAS ENOUGH MONEY IN THEIR PROGRAMMATIC BUDGET AND CAN COVER ANYDITIONAL COSTS. THEY HAVE A HISTORY OF REVERTING MONEY OVER THE PAST SEVERAL FISCAL YEARS. AND WE DON'T SEE THEM FILLING ALL THEIR VACANCIES AND SPENDING ALL OF THEIR PROGRAM MONEY. WE BELIEVE THERE'S MONEY AVAILABLE WITHIN THE PROGRAM. AND WE WILL BE MONITORING THE BUDGET VERY CLOSELY TO MAKE SURE THAT THEY CAN FULFILL THE NEED. >>COUN. PEÑA: MR. PRESIDENT, THEN MY QUESTION IS IF THERE'S MONEY AVAILABLE, SHOULDN'T WE BE AWARE OF THE MONEY AVAILABLE THAT'S EXTRA WITHIN THE DEPARTMENTS? >> COUNCIL PRESIDENT, COUNCILOR PEÑA, I BELIEVE WE HAVE OR WILL BE PROVIDING A FISCAL YEAR 23 CLOSEOUT THAT WILL SHOW YOU WHAT DEPARTMENTS SPENT WITH THEIR VACANCY SAVINGS AND ADDITIONAL MONIES. YOU EITHER HAVE THAT REPORT OR WILL BE GETTING THAT REPORT SEEN. YOU'LL SEE AT THE END OF THE YEAR WHERE ALL THE DOLLARS WENT PROGRAMMATICALLY. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: WE'LL PROCEED WITH PUBLIC COMMENT. JUST A FEW COMMENTS. WE PROBABLY HAVE AN HOUR AND A HALF OF PUBLIC COMMENT. THE COUNCIL NORMALLY TAKES A 30-MINUTE BREAK ABOUT THIS TIME. WE'LL ACTUALLY DO THAT ABOUT 7 O'CLOCK. AND ALSO, WE NORMALLY WOULDN'T TAKE SOME TIME DURING THE PUBLIC COMMENT TO THE EXTENT -- BUT I WANT TO MAKE SURE WE ADDRESS THE QUESTIONS THAT SOME OF YOU MIGHT BE SPEAKING ON THE SAME ISSUES. GO AHEAD AND PROCEED. >> JACKIE FOLLOWED BY ANTONIO. >> OKAY. I CAME AND COMMENTED ON THE LACK OF PEDESTRIAN CROSSING IN THE UNIVERSITY AREA BACK IN FEBRUARY. NOW I'M RETURNING WITH DATA THAT SHOWS YOU PROBLEMATIC THIS IS. THIS DATA HAS BEEN SHARED WITH THE DEPARTMENT OF MUNICIPAL DEVELOPMENT AND THE MAYOR'S OFFICE. I FEEL IT'S IMPORTANT FOR YOU TO SEE BECAUSE THIS SPRB NOT ONE THAT IS PARTICULARLY THIS INTERSECTION. ON APRIL 18, BETWEEN 8 AND 12 IN THE MORNING I OBSERVED PEDESTRIAN TRAFFIC IN THE AREA OF CENTRAL. OVER THE COURSE OF THIS FOUR-HOUR PERIOD 172 PEOPLE CROSSED THE STREET WITHOUT A CROSSWALK. THAT IS 43 PEOPLE ON AVERAGE WHO CROSSED EACH HOUR. ABOUT 32 OF THOSE WERE GOING TOWARD UNM. AND CAN BE ASSUMED TO BE GOING BACK TOWARD WHEREVER THEY CAME FROM IN THE EVENING. CROSSWALKS IN THIS AREA OF CENTRAL ARE ABOUT 1300 FEET APART. COMPARED TO THE NOB HILL AREA WHERE THEY'RE ABOUT 500 EVEN IN SOME CASES 250 FEET APART. I TOOK THESE MEASUREMENTS ON GOOGLE EARTH. MANY OF THESE PEOPLE CROSSING AT THIS INTERSECTION ARE DOING IT BECAUSE THERE'S NO VIABLE CROSSING IN THAT AREA. THEY WOULD HAVE TO WALK SIX MINUTES UP AND BACK TO THE NEAREST CROSSWALK AT YALE OR UNIVERSITY. I'M ONCE AGAIN ASKING THE CITY TO PROVIDE THE ALTERNATIVE OPTION TO SAVE LIVES AND MAKE STUDENT AND FACULTY LIFE EASIER. NOT ONLY IN THIS LOCATION BUT I'VE ALSO SEEN THIS ON UNIVERSITY BOULEVARD BETWEEN MLK AND CENTRAL. I DON'T HAVE THE DATA FOR THAT. THIS IS SPECIFICALLY FOR BUENA VISTA. THANK YOU. >> ANTONIO FOLLOWED BY FABIOLA. >> GOOD EVENING, MR. PRESIDENT. COUNCILORS, I'M A LIFELONG RESIDENT OF THE CITY OF ALBUQUERQUE. AND MEMBER OF THE BIO PARK SOCIETY. CARING FOR ZOO ANIMALS CAN COST A LOT OF MONEY. THESE FUNDS CAN BE USED FOR NEW CONSTRUCTION. THE CITY OF ALBUQUERQUE PROPOSED BUDGET FOR FISCAL YEAR 2025 ELIM NAALITYED KRUTIAL FOUNDING. THE THE ABSENCE COULD COMPROMISE THE CARE OF ANIMAL AND THE BIO PARK AND AZA ACCREDITATION. WITHOUT THE ACCREDITATION WE'RE LOSE CONSERVATION AND EDUCATION PROGRAMS AND ANIMALS AND STAFF AND THE TRUST OF THE PUBLIC. THIS IS SIMPLY NOT AN OPTION. WE'RE ASKING FOR $200,000 FOR FOOD AND EDUCATION. INFLATION IMPACTED THE COST OF NEED FOR ANIMALS. FOOD COSTS INCREASED BY 44%. NEXT YEAR WILL INCREASE ANOTHER 20%. FOOD AND MEDICINE FOR ANIMALS SHOULD NEVER BE ON THE LIST OF UNAPPROVED FUNDS. WE'RE ASKING FOR $500,000 FOR THE ASIA EXPANSION AND THE FUND FOR THE HABITAT WERE USED TO PAY FOR STAFF AND UTILITIES. WE HOPE THE CUT WAS AN OVERSIGHT. BECAUSE IT'S HARD TO BELIEVE THEY LET THE EXPANSION BE BUILT AND REFUSE TO FUND IT. WE'RE ASKING FOR ADDITIONAL FUNDING FOR SIX STAFF POSITIONS FOR THE INTEGRITY OF ANIMAL WELLNESS. AND MOST CRITICAL IS VETERINARIAN. THEY RELIED ON TWO VETS SINCE THE 1980s. THE FACILITY HAVE GROWN TO HAVE THE AQUARIUM AND TINGLY BEACH BUT THE VET STAFF IS NOT GROWN. FOR THOSE OF YOU AROUND THE SAME AGE AS I AM YOU REMEMBER WE SPENT FREE TIME GOING TO THE DRIVE-IN MOVIES AND SPENDING OUR SUMMERS AT THE BEACH AND GOING TO THE ZOO. OF ALL OF THE PLACES THERE'S ONLY ONE LEFT. PLEASE DON'T LET US LOSE ANOTHER ICON. >>COUN. LEWIS: I BELIEVE JEFF SWITSER IS HERE. I WANT TO MAKE SURE HE'S ON COMMENT. IF YOU WOULD LIKE TO COME UP, SIR AND COMMENT. YOU HAVE TWO MINUTES FOR GENERAL COMMENT. >> THANK YOU, MR. PRESIDENT. COUNCIL MEMBERS, I AM THE PRESIDENT OF A COMPANY CALLED TAIL WING HOSPITALITY. WE DO FOOD AND BEVERAGE AT RETAILS ACROSS THE COUNTRY. WE HAVE BEEN SELECTED TO BRING THREE RESTAURANTS TO THE AIRPORT. WE'RE GOING TO BRING -- LET ME INTRODUCE OUR PARTNERS. THIS IS MIKE FROM THE INDIAN PUEBLO CULTURAL CENTER. AND FRANK AND LOLA IS UP THEREFROM FRANK'S CHICKEN WINGS. WE'RE BRINGING CHICKEN WINGS, INDIAN PUEBLO CULTURAL CENTER RESTAURANT AND SMASH BURGER. WE'RE GOING TO START CONSTRUCTION SOON. WE'RE HERE TO DO THE PRE-CONSTRUCTION. I JUST WANT TO SAY THANK YOU FOR THE CONSIDERATION. I WANT TO THANK THE MAYOR AND ADMINISTRATION FOR THEIR HELP WITH THE RFP AND THAT WHOLE PROCESS. >> COUNCIL PRESIDENT, COUNCILORS, I'M JUST WANTING TO SAY THANK YOU. WE'RE SO HAPPY AND PROUD TO BRING A LIT BIT OF THE NATIVE CULTURE TO THE AIRPORT. AND BRING OUR WONDERFUL FOOD FROM THE INDIAN CULTURAL CENTER KITCHEN. THANK YOU FOR OUR CONFIDENCE IN DOING THAT AND WE'RE HAVING A GREAT PARTNER TO DO THIS WITH. THANK YOU. >> MR. PRESIDENT, COUNCILORS, I'M FRANK. OWNER OF FRANK'S FAMOUS CHICKEN AND WAFFLES RESTAURANT. WE JUST WANT TO SAY THANK YOU TO THE CITY FOR ALLOWING US TO BRING OUR FRANCHISE TO THE SUNPORT. AND WE'RE EXCITED TO BRING OUR FRANCHISE THAT WE'VE HAD IN THE COMMUNITY THAT WE'VE BEEN SERVING FOR 12 YEARS. >>COUN. LEWIS: YOU GOT US ALL VERY HUNGRY NOW. >> WE HAVE DELIVERY TOMORROW. >>COUN. LEWIS: THANKS SO MUCH. YOU ALL ARE WELCOME TO COME BACK ANY TIME. WE'D LOVE TO HAVE UPDATES. >> THANK YOU SO MUCH. >>COUN. ROGERS: I JUST WANT TO MAKE ONE COMMENT. I WORKED ON THIS TIGER TEAM ON THE MAYOR'S TEAM IN MY PREVIOUS ROLE. I HAVE TO SAY THIS IS A REALLY, REALLY GREAT WAY TO GET OUR LOCAL BUSINESS OWNERS WHO MAY NOT HAVE THE CAPACITY TO BUILD -- GO FOR THE RFP THEMSELVES TO GO THROUGH THE WHOLE PROCESS AND SOMETHING LIKE THIS AT AN AIRPORT IS INTRICATE. US DOING THIS MATCHING WHICH IS INNOVATIVE AND SOMETHING THE CITY HAS NOT DONE BEFORE WHERE WE MATCH LOCAL BUSINESS OWNERS WITH BIGGER ONES TO BRING THIS TOGETHER TO THE AIRPORT HAS NOT BEEN DONE. I HAVE TO POINT OUT HOW AMAZING THIS WAS WITH THE AVIATION TEAM AND WE CALLED IT THE TIGER TEAM. WE STILL WANT OUR JACKETS. THIS IS REALLY AMAZING THING FOR THE COMMUNITY. FRANK WOULDN'T BE ABLE TO DO THIS WITHOUT THIS. I THINK THIS IS AN AMAZING THING THAT WE NEED TO DO MORE OF. THANK YOU. >> WE'RE IN 45 AIRPORTS IN 26 STATES, 130 REVENUE CENTERS AND WE'RE EXCITED TO BRING THESE GUYS AS PARTNERS. WE'LL MAKE YOU PROUD. THANK YOU. >>COUN. LEWIS: THANK YOU. WE'LL RECONVENE IN 30 MINUTES. >>COUN. LEWIS: WE'RE GOING TO CONTINUE WITH OUR PUBLIC COMMENT. WE'LL START FIRST WITH REPRESENTATIVE ELI. AND YOU HAVE AN INTERPRETER THIS EVENING, WE PUT EVERYBODY THAT HAS AN INTERPRETER THAT WILL GO GROUP TOGETHER NEXT. ONE BY ONE. AND THEN WE'LL MOVE THROUGH OUR GENERAL PUBLIC COMMENT. >> MR. PRESIDENT, COUNCIL, THANK YOU VERY MUCH. YOU'VE SEEN ME ALREADY. I'LL BE VERY QUICK. WHAT I TRIED TO DO WAS A SHORT, MEDIUM, AND LONG-TERM GOALS ON HOMELESSNESS. ALL WORKING AT THE SAME TIME. WHAT I'VE SENT TO YOU, I'M GOING TO SEND ANOTHER DRAFT. IT'S NOT A BIBLE. I WANT ALL OF YOUR INPUT. AND THEN I'D BE HAPPY TO COME AND PRESENT. UNFORTUNATELY, IF IT'S MAY 20th, UNLESS YOU'RE PAYING FOR MY DIVORCE, I WILL NOT BE IN TOWN. I'M HAPPY TO PRESENT ANY OTHER TIME. I APPRECIATE VERY MUCH, MR. PRESIDENT, GIVING THE OPPORTUNITY TO SPEAK AGAIN. . >>COUN. LEWIS: THANK YOU. GLAD TO SCHEDULE THAT WITH YOU AND GET YOU ON THE CALENDAR. >> THANK YOU VERY MUCH. >>COUN. LEWIS: I'M SORRY, COUNCILOR BACA. >>COUN. BACA: A QUICK QUESTION ON THE PROCESS. WE'RE PUTTING ALL THE FOLKS WITH A TRANSLATOR TOGETHER. WERE WE EXPECTING TWO MINUTES OF TRANSLATION TO BE ACCURATE WITH ONE MINUTE OF TRANSLATION. >>COUN. LEWIS: WE'LL GIVE AS MUCH TIME AS WE NEED. THE SUGGESTION IS TWO MINUTES BUT ADD AN ADDITIONAL MINUTE FOR THOSE WITH INTERPRETERS. IF YOU HAVE ANY OTHER SUGGESTIONS ON THAT, I'LL BE GLAD TO ADJUST THAT IF ANY OF THE COUNCILORS WOULD LIKE TO PROPOSE SOMETHING DIFFERENT. I THINK THE DESIRE IS TO DO TWO MINUTES FOR EVERYBODY. WE DO HAVE A LOT OF SPEAKERS TONIGHT. IT'S ABOUT AN HOUR AND HALF FOR EVERYBODY TO HAVE AN OPPORTUNITY. WE WANT TO GIVE EVERYBODY THAT OPPORTUNITY. BY DOING OUR NORMAL TWO MINUTES, AGAIN, YOU DON'T HAVE TO TAKE THE ENTIRE TWO MINUTES. WE WOULD LIKE TO HEAR FROM EVERYBODY. TWO MINUTES FOR EVERYBODY. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS FABILOA FOLLOWED BY ANDRE. >> GOOD EVENING, MR. PRESIDENT, MEMBERS OF THE CITY COUNCIL. I AM A COMMUNITY ORGANIZING WITH -- TODAY I'M HERE TO TALK ABOUT THE AMENDMENT THAT IS PROPOSED TO IMMIGRANT- -- R-24-45. THE IMPACT THAT IT HAS NOT HAVING THE SECURITY OF AN IMMIGRANT FRIENDLY CITY. IT IS NOT FAIR THAN WHEN OUR FAMILIES NEED TO CALL THE POLICE OR THE FIRE DEPARTMENT TO ASK FOR HELP, THEY DO NOT FEEL SAFE. WE WANT TO LIVE IN A STATE WHERE THERE'S SECURITY AND FAMILIES WILL NOT BE SEPARATED. WE -- DO NOT FEEL SAFE IN SITUATIONS WHERE THEY WERE VICTIMS. THIS AMENDMENT WILL ENABLE POLICE TO ABUSE POWER AND TURN PEOPLE OVER TO ICE REGARDLESS OF A CHANGE AGAINST THEM HAVE BEEN SUSTAINED OR IF THEY'RE RISKS. BASED ON RACIAL PROFILING. THE PRESUMPTION OF INNOCENCE IS NOT GRANTED TO ALL NEW MEXICANS EQUALLY, IT CREATES A TWO-TIER CRIMINAL JUSTICE SYSTEM. IT'S NOT GUILT OR INNOCENCE OR COLOR OF SKIN AND WHETHER OR NOT WE HAVE ACCENT. WE HAVE A RIGHT TO LIVE WITH PRESUMPTION OF INNOCENCE GRANTED TO NEW MEXICANS AND NOT ONLY FOR SOME NEW MEXICANS. OUR COMMUNITIES CALL ALBUQUERQUE HOME. WE CANNOT ALLOW OUR FAMILIES THAT LIVE IN UNCERTAINTY JUST BECAUSE OUR SKIN COLOR. WE CANNOT CREATE RACIAL PROFILES IN OUR COMMUNITY. WE MUST ENSURE ALL NEW MEXICANS FEEL FREE AND THERE'S NOT ANY COLLABORATION BETWEEN AND ICE. IT WILL BE USED TO CREATE BARRIER TO COMMUNITIES. AND CREATE FEAR AMONG THEM. I'M ASKING EVERYONE THAT IS IN A POSITION TO STAND UP TODAY, PLEASE. WE ARE ASKING YOU TO KEEP IMMIGRANT FRIENDLY POLICIES FOR OUR NEW MEXICANS. THANK YOU. >> ANDRES FOLLOWED BY LITZI. >> GOOD EVENING, CITY COUNCIL MEMBERS. I AM THE CAMPAIGN MANAGER WITH NEW MEXICO DREAM TEAM. I COME TO SPEAK ABOUT THE AGAINST PROPOSED AMENDMENT ON THE IMMIGRANT FRIENDLY POLICY. IT HAS BEEN PROVED TIME AND TIME AGAIN THAT IMMIGRANTS ARE FAR LESS LIKELY TO COMMIT CRIMES THAN THE NATIVE IMPORTANT POPULATION. NOT ONLY THIS BUT YOUNG MEN ARE COLOR ARE FAR MORE LIKELY TO BE RACIALLY PROFILED THAN ANYBODY ELSE. THIS AMENDMENT WOULD LEAD TO A LOT OF RITIAL PROFILING OF YOUNG IMMIGRANT MEN AND PULL THAT IN VULNERABLE POSITIONS AND REPORTED TO ICE. THESE IMMIGRANT MEN ARE NOT LOOKING FOR TROUBLE. WE'RE FLEEING TROUBLE FROM OUR COUNTRIES. SO, I URGE YOU ALL TO NOT PASS THIS AMENDMENT. AND THANK YOU FOR YOUR TIME. >> MITZI FOLLOWED BY GELARIA. >> HI, I AM THE OFFICE OF FOUR SISTERS. I'M AN ORGANIZER WITH OURINGINIZED POWER AND NUMBERS IN NEW MEXICO. IN 2017 MY FATHER WAS ARRESTED WHEN HE WENT TO HIS PROBATION OFFICER'S OFFICE. TO MEET WITH HIS OFFICER. MY DAD SAID HE WAS THERE FOR 150 MINUTES WHEN HE NOTICED ICE WAS THERE WAITING FOR HIM. HE NOTICED THE PROBATIONS OFFICERS SMILED AT EACH OTHER AND GAVE THEM A THUMBS UP. THAT'S WHEN WE REALIZED OUR SMILES WERE GONE. WE REALIZE ICE IS WORKING WITH DETENTION CENTERS AND PROBATION OFFICERS HERE. AS A FAMILY WE FACE THE DARKEST DAYS. ANXIETY, STRESS, SLEEPING PILLS, THE PAIN OF NOT SEEING DAD COME HOME FOR THE FIRST TIME. THE COLLABORATION OF THESE OFFICERS DIVIDED MY FAMILY. MY DAD HAS HIS OWN BUSINESS AND MY FAUM VOLUNTEERED IN THE PUBLIC SCHOOL. MY DAD WAS COMPLYING WITH WHAT THE JUDICIAL SYSTEM ORDERED. AN OFFICER DETERMINED HE DID NOT BELONG TO HIS FAMILY AND HIS COMMUNITY. IF I HAD THE CHANCE TO HAVE THE OFFICER IN FRONT OF ME I WOULD TELL ME THAT EVEN THOUGH HE TRIED TO DESTROY US, WITH HIS FALSE IDEA OF CRIMINALIZING US, HE DID NOT SUCCEED. TODAY I ORGANIZED MY COMMUNITY, MY MOM ORGANIZES EXPLOITIVE WORKERS. DURING THE PANDEMIC WE ADOPTED 100 FAMILIES WHO WE FEED EVERY WEEK. THIS WEEK WE STILL FEED 100 FAMILIES. WE SUPPORT ENTREPRENEURS TO GROW BUSINESSES. WE'RE NOT DANGEROUS IMMIGRANTS. WE SHOULD HAVE THE SAME ABILITY TO BE HERE AS ANYBODY ELSE. THIS AMENDMENT COULD BECAUSE MORE INSECURITIES IN OUR COMMUNITIES THAN WHAT IT SHOULD. THANK YOU AND HAVE A GOOD DAY. >> GLORRIA FOLLOWED BY BETATRICE. [ SPEAKING SPANISH LANGUAGE ] [ SPEAKING SPANISH LANGUAGE ] >> GOOD AFTERNOON, I AM A PROUD MOM OF FOUR ADULTS, YOUNG DAUGHTERS. MIDDLE, HIGH SCHOOL AND COLLEGE AND UNIVERSITY. I'M IN A JUSTICE ORGANIZER FOR WORKERS JUSTICE WITH THE BASE IN ALBUQUERQUE WHICH HAS MORE THAN 5,000 MEMBERS. THROUGH MY DAILY WORK AND HEAR STORIES OF LABOR EXPLOITATION. WORKERS -- PEOPLE WHO WORK IN HOMES DEVASTATING. MAINLY BECAUSE THEY WORK ISOLATED TAKING CARE OF OUR MOST VULNERABLE POPULATION. THE DEMOSTIC WORKERS ARE MORE LIKELY TO BE VICTIMS OF HARASSMENT AND SEXUAL ABUSE. MY FRIEND AND HER YOUNG DAUGHTER WERE VICTIMS NOT TOO LONG AGO AND WHEN THEY TRIED TO CALL THE POLICE THE HOMEOWNER RESPONDED BY TELLING THEM THAT NO ONE WOULD BELIEVE THEM AND HE WOULD ACCUSE THEM OF ROBBERY AND HE SAID HE WOULD CALL IMMIGRATION TO BE ABLE TO REPORT THEM. THOUSANDS OF PEOPLE LIKE THEM NEVER RECEIVED JUSTICE. IF YOU APPROVE THE AMENDMENT THAT IS PROPOSED FOR -- THE AMENDMENT TO THE SANCTUARY CITY POLICIES IT IS PROBABLE THAT WORKERS -- DOMESTIC WORKERS AND WORKERS IN GENERAL WILL BE VICTIMS OF WAGE THEFT AND OTHER LABOR EXPLOITATION WHO DON'T WANT TO REPORT ABUSES. THE POLICIES NEED TO BE MAINTAINED SO WE CAN ALL FEEL COMFORTABLE IN COMMUNICATING WITH THE POLICE AND HAVING THE SAME OPTION OF BEING PRESUMED INNOCENT AS ANY OTHER NEW MEXICAN. THANK YOU. >> BEATRICE FOLLOWED BY GILAD. [ SPEAKING IN SPANISH ] [ SPEAKING IN SPANISH ] >> I AM A MOTHER, GRANDMOTHER AND WORKER AND A MEMBER OF THE -- BASED IN ALBUQUERQUE, NEW MEXICO. I'M HERE TO SHARE WITH YOU ABOUT THE EXPERIENCE THAT I HAD IN RELATION WITH MY SON AND ICE. IN 2020 HE WAS AT HOME WHEN A POLICE AGENT KNOCKED ON THE DOOR TELLING HIM THAT HE WAS GOING TO PICK HIM UP BECAUSE HE HAD NOT GONE TO COURT. WHICH WAS NOT TRUE. MY SON ASKED THE REASON FOR THAT AND THE POLICE AGENT RESPONDED IT WAS BECAUSE OF RENTAL DEBT. MY SON RESTOPPEDED THAT HE HAD PROOF OF PAYMENT AND WHEN HE LOOKED FOR IT TO SHOW IT TO THE AGENT THE POLICE PULLED HIS HAND AND TOOK HIM OUTSIDE OF HIS HOME. THE SURPRISE WAS HE IS NOT JUST A POLICE MAN BUT HE'S COMING FROM THE IMMIGRATION DEPARTMENT. THEY TOOK HIM OUT WITH ICE AND TOOK HIM AWAY. THIS IS TRAUMATIZING ESPECIALLY FOR MY DAUGHTERS AND FOR HIS DAUGHTERS AND WIFE WHO WITHOUT OBSERVING EVERYTHING ADDITIONALLY, THE OTHER THING IS MY SON WAS THE ONLY INCOME SUPPORT FOR THE FAMILY. THIS AFFECTED US EMOTIONALLY. THE ENTIRE FAMILY. MY GRANDDAUGHTERS ARE STILL IN FEAR EVERY TIME THEY SEE A POLICEMAN. I WANT TO ASK YOU THAT WE CONTINUE SUPPORTING AND CONSERVING OUR POLICIES TO ALL OF THE FAMILIES IN NEW MEXICO. I THINK WE DESERVE TO HAVE A DIGNIFIED LIFE WITHOUT FEAR OF BEING JUDGED ON RACE OR RACIAL PROFILE. >> GILDA FOLLOWED BY DSHANA. [ SPEAKING SPANISH ]. [ SPEAKING IN SPANISH ] [ SPEAKING IN SPANISH ]. >> DESRONDA. I'M SORRY. >> GOOD AFTERNOON, I AM ORIGINALLY FROM MEXICO. I'M A DAUGHTER OF MEXICAN PARENTS. I ARRIVED IN ALBUQUERQUE LOOKING FOR A BETTER LIVING CONDITIONS LEAVING MY CHILDREN BEHIND WITH THE HOPE OF GIVING THEM A MORE PROSPEROUS FUTURE. I'M HERE IT BECAUSE I WANT TO SHARE AN EXPERIENCE WITH THE POLICIES OF THE SANCTUARY CITY THAT HAVE IMPACTED MY FAMILY AND MYSELF DIRECTLY. I'M HERE TO EXPRESS MY CONCERNS ABOUT THE NEGATIVE IMPACT THAT THE AMENDMENTS WOULD HAVE ON THE PUBLIC SAFETY, ESPECIALLY IN A MOMENTS IN WHICH TRUST IN THE POLICE IS IN THE LOWEST POINT IN COMMUNITIES OF COLOR. THE SANCTUARY CITY POLICIES ARE KEY TO INCREASING TRUST OVER TIME. WHEN I ARRIVED AT THE LACK OF SAFETY DUE DO MY IMMIGRATION STATUS AFFECTED MY. EE -Y WAS A I WAS AFRAID OF BEING ARRESTED DUE TO IMMIGRATION SITUATION. HOWEVER, WITH THE SANCTUARY CITY PROTECTIONS I FEEL MORE SECURE AND CONFIDENT TO BE ABLE TO DRIVE, WORK AND REPORT ANY INCIDENT TO THE POLICE WITHOUT FEAR OF BEING ARRESTED. MY CONCERN OVER THE POSSIBLE ELIMINATION OF DESIGNATION OF A SANCTUARY CITY IS GOING BACK TO LIVING IN FEAR AND CONSTANT FEAR OF BEING DEPORTED. >>COUN. BASSAN: MR. PRESIDENT, DID YOU FINISH? I JUST WANT -- I WOULD LIKE HER TO FINISH. >>COUN. LEWIS: MA'AM, WERE YOU ABLE TO FINISH THE INTERPRETATION. >> MY LIFE IS HERE. I HAVE BEEN BEEN PAYING TAXES AND CONTINUING WITH FOLLOWING THE RULES OF THIS COUNTRY. I AM IN FEAR THAT THE COLOR OF MY SKIN WILL BE A CAUSE FOR DETENTION. MY FAMILY HAS EXPERIENCED ABUSE DUE TO RACIAL PROFILE. I REMEMBER AN EMPLOYER DID NOT CARE ABOUT PAYING ME FOR THE JOB I HAD DONE THAT I COULD DO WHATEVER I WANTED BECAUSE MY IMMIGRATION WAS EVIDENT IN MY SKIN COLOR THE LAW WOULD BE ON HIS SIDE BECAUSE HE'S AN AMERICAN CITIZEN. WITHOUT THE PROTECTIONS PROVIDED BY THE SANCTUARY CITY POLICIES MY DAILY LIFE WOULD BE COMPLETELY AFFECTED. I WOULD NOT BE ABLE TO HAVE THE CONFIDENCE TO BE ABLE TO WORK OR REPORT ABUSES. IT IS CRUCIAL WE CONTINUE TO BE A SANCTUARY CITY TO GUARANTEE THE SAFETY AND WELL BEING OF ALL NEW MEXICANS. THANK YOU FOR CONSIDERING THE IMPORTANCE OF OUR POLICIES OF OUR SANCTUARY CITY. TOGETHER WE CAN MAINTAIN A SAFE AND WARM CITY FOR EVERYONE. THANK YOU. >> GESRE FOLLOWED BY LANA. >> GOOD AFTERNOON. I'M THE FIRST GENERATION AMERICAN TO AN IMMIGRANT FATHER AND IMGRANT GRANDPARENTS. I'M ALSO IMMIGRATION ATTORNEY AND LEGAL DIRECTOR AT SANTA FE DREAMERS PROJECT. A LOCAL-NONPROFIT IMMIGRATION LEGAL SERVICE PROVIDER THAT SERVES ALL OF NEW MEXICO AND HAS AN OFFICE IN ALBUQUERQUE TO SERVE OUR ALBUQUERQUE CLIENTS. I AM INIMMEDIATE CHAIR OF THE IMMIGRATION LAW SECTION OF THE NEW MEXICO STATE BAR. I'M HERE TO SPEAK IN OPPOSITION TO THE PROPOSED AMENDMENT R-24-45. THE PROPOSED AMENDMENT WILL HAVE A CHILLING EFFECT ON IMMIGRANTS REPORTING CRIME WHICH WILL RESULT IN INCREASE OF UNREPORTED CRIME. THE OPPOSITE EFFECT OF STATED GOAL OF MANAGING CRIME RATE. IMMIGRANTS WITHOUT STATUS WILL BE LESS LIKELY TO REPORT CRIMES DUE TO THE FEAR OF OPENING THEMSELVES UP TO IMMIGRATION ENFORCEMENT. IT'S THE PROPOSED AMENDMENT MAY RESULT IN IMMIGRANT COMMUNITY TO BE VULNERABLE TO BEING TARGETED TO CRIMINAL ACTIVITIES AS ABUSERS USE THE COLLABORATION BETWEEN LAW ENFORCEMENT AND IMMIGRATION ENFORCEMENT TO INSTILL FEAR AND USE THE LEGAL SYSTEM TO VICTIMIZE VULNERABLE IMMIGRANTS. THIS IS SOMETHING THAT I COME ACROSS ON ALMOST A DAILY BASIS. AND ONE WHICH I HAVE BEEN ABLE TO QUELL BY ADVISING SURVIVORS OF CRIME THAT THE CITY DOES NOT COLLABORATE WITH IMMIGRATION ENFORCEMENT. THAT ADVISE WOULD HAVE TO CHANGE IF THIS IS ADOPTED. OUR CURRENT POLICIES BUILT THE TRUST BETWEEN IMMIGRANT AND LAW ENFORCEMENT. WHICH MEANS IMMIGRANT VICTIMS OF CRIME INCLUDING VICTIMS OF DOMESTIC VIOLENCE SEXUAL ASSAULT WILL PARTICIPATE IN PROSECUTION OFBUSERS. OUR IMMIGRANT FRIENDY POLICIES DO NOT HINDER THE DEPARTMENT OF HOMELAND SECURITY ABILITY TO DETAIN AND REMOVE PERSONS DEEMED PUBLIC SAFETY RISKS. I URGE YOU TO OPPOSE R-24-45 AND UPHOLD THE LEGACY OF BUILDING THE TRUST BETWEEN CITY AND IMMIGRANT COMMUNITY. THANK YOU FOR YOUR TIME. >> NORMA FOLLOWED BY ANANI. [ SPEAKING IN SPANISH ]. [ SPEAKING IN SPANISH ] [ SPEAKING IN SPANISH ] >> GOOD AFTERNOON, I'M HERE TO SHARE WITH YOU THE TESTIMONY ABOUT THE POLICIES OF THE SANCTUARY CITY HAVE DIRECTLY AFFECTED IMPACTED MY FAMILY AND MYSELF. I WANT TO EXPRESS MY CONCERN ABOUT THE ELIMINATION OF THIS APPOINTMENT. 27 YEARS AGO WE IMMIGRATED TO ALBUQUERQUE SEARCHING FOR A BETTER FUTURE DUE TO THE LACK OF OPPORTUNITY AND RESOURCES IN OUR HOME COUNTRY. BEFORE OUR CITY ADOPTED THE IMMIGRANT FRIENDLY POLICIES, WE LIVED IN CONSTANT FEAR. EVERY TIME THAT WE LOOKED AT THE POLICE WE FEARED THAT THE -- THERE WOULD BE IMMIGRATION AGENTS. AND WE FEARED THE POSSIBILITY OF RAIDS, WE WERE IN CONSTANT FEAR. INCLUDING OUR CASES OF CRIME AND ROBBERIES WE WERE IN FEAR. WE FEARED CONTACTING THE POLICE FOR FEAR OF BEING INTERROGATED. ABOUT IMMIGRATION STATUSES. THE ELIMINATION OF SANCTUARY FILLS WITH FEAR AND CONCERNS. I REMEMBER THE SADNESS BEFORE THE IML.ATION OF THIS POLICY MY SON WAS DETAINED THROUGH RACIAL PROFILES AND DEPORTED BY ICE. HE WAS IN MEXICO BY THE NEXT DAY. EVEN THOUGH HE DID NOT HAVE A CRIMINAL HISTORY. MY SON ARRIVES IN THIS COUNTRY WHEN HE WAS SIX YEARS OLD AND HE WAS NOW ABOUT TO GRADUATE IN ARCHITECTURE. IT WAS DEVASTATING TO SEE ONE FAMILY SEPARATED AND SENT TO A COUNTRY UNKNOWN TO MY SON WHERE HIS SAFETY WAS AT RISK. NOBODY SHOULD EXPERIENCE THAT ANGUISH AND PAIN OF UNJUST FAMILY SEPARATION. IF THE PROTECTIONS PROVIDED BY THE POLICY OF SANCTUARY CITY IS REMOVED OUR DAILY LIVES WOULD BE GREATLY AFFECTED. WE WOULD HAVE FEAR OF GOING OUT AND PARTICIPATING IN THE COMMUNITY. WE WOULD FEAR THAT THE COLOR OF OUR SKIN WOULD BE USED ONCE AGAIN TO SEPARATE OUR FAMILIES. WE DO NOT WANT TO FACE THAT POSSIBILITY ONCE AGAIN OF OUR CHILDREN BEING SENT TO COUNTRIES WHERE VIOLENCE AND CRIME ARE RAMPANT. PLEASE, I ASK THAT YOU PLACE YOURSELF IN OUR SHOES AND CONSIDER THE DEVASTATING IMPACTS OF ELIMINATING THESE PROTECTIONS. DO NOT TAKE AWAY OUR HOPE FOR SAFE AND PROSTEROUS FUTURE FOR OUR FAMILIES. THANK YOU. >>COUN. LEWIS: IT'S BEEN THE COUNCIL'S WISHES TO DO THE TWO MINUTE TIME LIMIT ON GENERAL PUBLIC COMMENT. I REALIZE IT'S DIFFICULT WITH THE INTERPRETER. WE CERTAINLY APPRECIATE THAT. JUST WANT TO ASK YOU IF YOU CAN KEEP IT ALL UNDER TWO MINUTES. JUST SO WE CAN GET THROUGH THE ENTIRE AND HEAR FROM EVERYBODY TONIGHT. THANK YOU. >> ANANI FOLLOWED BY FRANCESCO. >> I DON'T KNOW WHICH COUNCILOR SPEAKS SPANISH, I ENCOURAGE EVERY OTHER COUNCILORS TO GO BACK AND WATCH THOSE VIDEO AGAIN AND LISTEN TWICES. THIS HAS BEEN REALLY HARD TO HEAR. AS CHAIR OF THE HUMAN RIGHTS BOARD I DON'T WANT TO DEAL WITH THIS KIND OF STUFF IN MY CITY. THIS IS HEART-BREAKING. OUT OF RESPECT I'M GOING TO WALK AWAY FROM THIS. >> FRANCESCO FOLLOWED BY DAVID. >> I FEEL LIKE -- NEW YORK HAS A WORLD-FAMOUS CENTRAL PARK. IN ALBUQUERQUE WE HAVE A PARK ON CENTRAL. I CAN'T TELL YOU HOW MANY TIMES I DROVE UP AND DOWN CENTRAL BY THE BIO PARK AND HAD NO IDEA WHAT A MAGICAL PLACE EXISTED ONLY A STONE'S THROW AWAY. TINGLY BEACH IS THE GATEWAY TO THE BOSQUE, BUT IF YOU'RE DRIVING DOWN ROUTE 66 YOU HAVE NO IDEA THAT EVEN EXISTS. I'M IN FULL SUPPORT OF THE CITY OF ALBUQUERQUE REFURBISHING ALL THE NO ON --NEON SIGNS. AS MUCH AS OUR HISTORY IS IMPORTANT, I THINK WE SHOULD DO SOMETHING TO CELEBRATE TODAY THE 100th ANNIVERSARY SO PEOPLE 100 YEARS FROM NOW CAN LOOK BACK AND SAY WHAT AN AMAZING THING WE DID LIKE THE BEAUTIFUL ARCH BY COORS AND SENTERAL. -- CENTRAL. OUR PARKS HAVE A COOL WATER FEATURE. THANK YOU. >>COUN. PEÑA: MR. PRESIDENT. THANK YOU FOR THIS. I DON'T KNOW IF DIRECTOR SANCHEZ IS STILL HERE. AT SOME POINT I THINK WE NEED TO GET YOU AND CONNECT YOU WITH HER BECAUSE SOME OF THE ART WORK AND IDEAS YOU GENERATED ARE IMPRESSIVE. WE'RE PREPARING FOR THE 100 YEAR CELEBRATION. MAYBE WE CAN INCORPORATE SOME OF THE IDEAS WITH IT. AND GOOD JOB WITH COUNCILOR BACA. >> THANK YOU. >> COUNCILOR LEWIS, I'M DAVID, I AM A MEMBER OF THE PERERTO DEL SOL GOLFING ASSOCIATION AND MEMBER OF THE MUNICIPAL GOLF ADVISORY BOARD. I SPEAK TONIGHT TO PROTEST THE CITY'S DECISION TO MAKE THE GOLF COURSE A DISK JOINT. WE SEE MANY PROBLEMS WITH THIS DECISION. STARTING WITH HOW IT WAS MADE. VIA NEWSCAST WE LEARNED AUTHORIZATION OF PARKS AND RECREATION TO SUBMIT THE GRANT PROPOSAL FOR R-24-21. WE LEARNED THAT THE PROPOSAL HAD ALREADY BEEN SUBMITTED IN SEPTEMBER -- DECEMBER OF 23. MAYBE IT'S A GOVERNMENT THING WHY REQUIRE AUTHORIZATION FROM CITY COUNCIL TO SUBMIT A GRANT PROPOSAL AFTER IT'S BEEN SUBMITTED. I HATE TO CONTRADICT DIRECTOR SIMON WHO I LIC LIKE AND RESPECT. NEITHER THE GOLFING COMMUNITY, NOR THE CITY'S OWN MUNICIPAL GOLF BOARD KNEW ABOUT THIS PLAN. AS EVIDENCED BY LETTER OF SUPPORT OF THE PROJECT FROM THE ALBUQUERQUE DISK GOLF ASSOCIATION, DATED OCTOBER OF LAST YEAR, THEY WERE FULLY AWARE OF IT. THE PROCESS DID NOT INCLUDE PERTINENT INPUT AND THE STUDIES OF THE IMPACT THIS WOULD HAVE. THE GRANT HAS ALREADY BEEN APPROVED. WE ASK THE CITY COUNCIL TO DO WHATEVER IT CAN TO HALT SPENDING ON THE PORTION AT THAT MODIFIES THE GOLF COURSE. WE SIMPLY ASK FOR THE SAME COURTESY THAT WERE EXTENDED THE DISK GOLF. TO END ON A POSITIVE NOTE I WANT TO THANK THE PARKS AND DIRECTOR FOR THE JOB THEY'RE DOING AND THE CREW THEY'RE DOING. THEY'RE THE BEST AND TAKE CARE OF OUR GOLF COURSES REALLY GREAT. THANKS. >> WINTER FOLLOWED BY RACHEL. >> PRESIDENT LEWIS, MEMBERS OF THE COUNCIL, I'M THE CEO OF NEW MEXICO EVICTION PREVENTION AND DIVISION. I SIT ON THE NEW MEXICO HOUSING TRUST FUND ADVISORY BOARD. AND HAD THE HONOR TO VOTE IN SUPPORT OF ONE OF THE HOUSING PROJECTS TO RECOMMEND THAT TO THE MFA BOARD TODAY. I JUST WANTED TO SAY I ATTENDED THE COMMITTEE OF THE WHOLE MEETING LAST WEEK AND LITERALLY MY JAW DROPPED WHEN I HEARD THE AFFORDABLE HOUSING VOUCHERS HAD BEEN CUT. I AM HERE TO STRONGLY ENCOURAGE THE COUNCIL TO RESTORE THAT. I UNDERSTAND IT LOOKS LIKE THE CITY PRETTY MUCH A FLAT BUDGET THIS YEAR. SO LEAVE IT ALONE. THERE WAS AN EXPLANATION ABOUT THE WAIT AND IT TAKES 200 DAYS TO HOUSE SOMEBODY. THAT'S NOT THE INDIVIDUAL'S FAULT THAT IS A SYSTEM PROBLEM. AND WE CAN DO IT FASTER THAN THAT. IT TAKES A STAFF AND THE KNOW-HOW BUT THAT SHOULD NOT EXCUSE $5 MILLION CUT IN AFFORDABLE HOUSING VOUCHERS. THE OTHER ITEM THAT IS CLOSE TO MY HEART IS THERE'S A LONG-STANDING CDGB EVICTION PREVENTION FUND AND THAT HAS BEEN CUT IN HALF. AGAIN, I ASK YOU TO RESTORE THAT AND LEAVE IT ALONE IF IT'S A FLAT BUDGET. AS I SAID EARLIER, HOUSING AND HOMELESSNESS THERE'S A BROAD CONTINUUM. AND ALL OF THE PIECES NEED TO BE -- AT LEAST STAY THE SAME. AND I'M NOT SURE WHAT MINIMIZED -- NO, CREDIT FOR VOUCHERS MEANS, BUT LEAVE THAT AT ITS BUDGET LEVEL AS WELL PLEASE. >> RACHEL FOLLOWED BY JANICE. >> GOOD EVENING, MEMBERS OF THE COUNCIL, WE ARE PROUD OF OUR DECADES LONG LEGACY WITH POLICIES WHICH ARE CONDUCIVE AND CONSTITUTIONAL RIGHTS, VICTIMS REPORTING CRIMES, ALLOWING DUE PROCESS DISCOURAGING RACIAL PROFILING AND REFLECT THE VAST CONTRIBUTIONS OF IMMIGRANTS. IN 2000 OUR -- THIS AMENDMENT IS A DISTRACTION THAT WILL HAVE SERIOUS PUBLIC SAFETY. IT WOULD BE REQUIRED BY APD PRE-CONVICTION AND CREATES A TWO-TIERED CRIMINAL JUSTICE SYSTEM NOT BASED ON PUBLIC SAFETY PRIORITIES ON INDIVIDUALS GUILT OR INNOCENCE BUT ON THE COLOR OF SKIN OR COUNTRY OF ORIGIN. IN ADDITION THIS AMENDMENT BASED ON STEREOTYPES WOULD BE A MISGUIDED USE OF PUBLIC SAFETY RESOURCES WHICH SHOULD BE ADDRESSED ON THE REAL ROOT CAUSE OF CRIME. STUDY AFTER STUDY HAVE DEMONSTRATED IMMIGRANTS ARE LESS LIKELY TO COMMIT CRIMES THAN NATIVE-BORN CITIZENS. IMMIGRANTS SHOULD HAVE THE SAME PRESUMPTION OF INNOCENCE ENSHRINED IN THE CONSTITUTION TO DEFEND THEMSELVES AGAINST CRIMINAL CHARGES. THE AMENDMENT ENABLES CERTAIN POLICE OFFICERS TO ABUSE THEIR POWER AND TURN INDIVIDUALS OVER TO ICE REGARDLESS OF THE CHARGES. THIS WOULD HAVE APD ACT AS JUDGE AND JURY THIS WILL LEAD TO RACIAL PROFILING. AT THE TIME THAT APD IS MONITORED BY DOJ AND TRUST IN LAW ENFORCEMENT IS ALL-TIME LOW THIS WILL LEAD TO COSTLY LAWSUITS. THIS AMENDMENT IS REDUNDANT. THERE'S NOTHING IN OUR CURRENT POLICIES THAT PREVENTS APD OR THE LEGAL SYSTEM FROM ARRESTING OR DETAINING ANYONE THAT COMMIT AS CRIME. ICE HAS THE ABILITY TO DETAIN AND DEPORT THOSE THAT ARE EVICTED OF THE CRIME ENUMERATED IN THE AMENDMENT. ICE HAS NEVER HESITATED TO TARGET THOSE IN THE CRIMINAL LEGAL SYSTEM. THEY HAVE TARGETED AND DEPORTED NEW MEXICO ESSENTIAL WORKERS, SMALL BUSINESS OWNS, PARENTS, NUMBERS. LET US NOT GO BACK TO A DARK HISTORY IN ALBUQUERQUE WHICH OUR MEMBERS SHARED WITH YOU TODAY IN WHICH VICTIMS SUFFER IN SILENCE AND THEY'RE AFRAID THEIR PARENTS WON'T BE HOME WHEN THEY GET HOME FROM SCHOOL. THANK YOU FOR YOUR TIME. >> JANICE FOLLOWED BY RICHARD. >> GOOD EVENING, COUNCIL PRESIDENT, COUNCILOR GROUT, MEMBERS OF THE COUNCIL. I'M -- I HAVE SOME GOOD NEWS TO SHARE. LAST WEEK MY GREAT NEPHEW WAS BORN OF THE FIFTH GENERATION OF MY FAMILY CURRENTLY LIVING IN ALBUQUERQUE. WE'RE HERE, WE'RE STRONG AND DREAMING TOGETHER OF WHAT THE FUTURE COULD HOLD. I SPEAK TO YOU AS A HEALTH PROMOTION SPECIALIST. BERNALILLO COUNTY'S NON-PROFIT PUBLIC HEALTH COUNSEL. THROUGH THE PUBLIC HEALTH INITIATIVE WITH THE HEALTH HOUSING AND HOMELESSNESS DEPARTMENT CABQ ONE OF THE OUTPUTS OF THE PROGRAM ARE QUARTERLY POLICY ONE-PAGE REVIEWS. WHICH I BROUGHT COPIES FOR EACH OF YOU. DURING PUBLIC COMMENT SEVERAL WEEKS AGO THE POLICIES WE REVIEWED FOR Q1 OF 2024 INCLUDE THE URBAN PHARMACY DESERT AND INTERNATIONAL DISTRICT, WATER QUALITY, AND A CALL FOR IMPROVED ACCESS TO PUBLIC RESTROOMS. EACH OF THESE ONE-PAGE SUMMARIES ARE FOR YOUR REVIEW. I'M GOING TO HIGHLIGHT THE URBAN PHARMACY DESERT AND I DON'T KNOW WHAT THE BEST WAY -- THANK YOU. THANK YOU, COUNCILOR ROGERS, FOR ATTENDING THE REDEVELOPMENT POT LUCK AT EAST CENTRAL MINISTRIES THAT KICKED OFF AT THE WAL-MART AND WALLGREENS. AND AS YOU CAN SEE ON THE MAP WE USE TO CALCULATE OVER 25,000 PEOPLE THAT ARE NOT WITHIN WALKABLE DISTANCE OF A HALF-MILE TO A PUBLIC PHARMACY. ON THIS MAP ON THE FIRST PAGE COLOR CODING REPRESENTS THE DENSITY OF RESIDENTS. AND IT SHOWS THE SOCIOECONOMIC INDEX OF EAST OF LOUISIANA HAVING THE HIGHEST INDEX. WE ASK FOR YOUR SUPPORT INVESTING IN THE I.D. INCLUDING BOLSTERRING ESTABLISHMENT OF A FEW PHARMACY. PLEASE USE THIS INFORMATION TO IDENTIFY A SIGHT EAST OF LOUISIANA WHERE THE LARGEST SEGMENT WOULD GAIN WALKABLE ACCESS. YOU CAN USE THE LINK TO VIEW A DIGITAL COPY. >> RICHARD FOLLOWED BY SARAH. >>COUN. LEWIS: IF YOUR NAME IS CALLED, WE CALL SEVERAL NAMES AT THE TIME. IF YOU'RE THE NEXT SPEAKER YOU CAN SIT IN THE FRONT ROW AND BE ABLE TO SPEAK WHEN YOUR TURN IS NEXT. >> GOOD EVENING, EVERYBODY. I'M THE EXECUTIVE DIRECTOR OF -- IT'S A LOCAL NON-PROFIT ORGANIZATION THAT SERVES DOMESTIC VIOLENCE SURVIVORS WHO ARE PART OF THE LATIN AND IMMIGRANT COMMUNITIES IN CENTRAL NEW MEXICO. WE SERVE A LARGE POPULATION OF DOMESTIC VIOLENCE SURVIVORS OF MIXED STATUS WHO CONSTANTLY CONFRONT VARIOUS BARRIERS BECAUSE OF THEIR LACK OF STATUS AND THE CHARGED POLITICAL ENVIRONMENT. AS WE ENTER AN ELECTION YEAR WE'LL SEE POLITICIANS AT EVERY LEVEL PUSH FOR HARSHER IMMIGRATION POLICIES THAT ONLY FURTHER PUT OUR IMMIGRANT COMMUNITIES IN VULNERABLE POSITIONS. ALBUQUERQUE HAS BEEN AN IMMIGRANT FRIENDLY CITY FOR YEARS AND WE CANNOT UNDUE THE HARD WORK THAT OUR COMMUNITIES DID TO PASS THESE POLICIES. CARVE OUTS OF EXISTING IMMIGRANT FRIENDLY POLICIES UNDERMINE THE POLICIES IN TERMS OF ENFORCEMENT AND PROTECTIONS FOR THE IMMIGRANT COMMUNITY. NO GOOD CAN COME FROM ALLOWING LOCAL OFFICIALS TO WORK WITH IMMIGRATION AGENCIES AND IT WILL ONLY INCREASE THE LIKELIHOOD THAT IMMIGRANT VICTIMS OF VIOLENCE WERE NOT COMING FORWARD FOR REPORTING CRIMES FOR FEAR OF IMMIGRATION AGENTS. FURTHER, POLICING WILL NOT HELP OUR COMMUNITIES TO FEEL SAFE. ADDITIONALLY, EQUATING CRIME WITH IMMIGRANTS IS PROBLEMATIC. ESPECIALLY WHEN IT'S CATEGORYICALLY FALSE AND A RACIST STATEMENT. AND ONLY EMBOLDENED ANTI- IMMIGRANT. TO GAPE POLITICAL HOWEVER, XENOPHOBIA IS NEVER A VIABLE SOLUTION. IF THE CITY IS CONCERNED WITH FENTANYL USAGE IT SHOULD LOOK INTO WHO IS DEMANDING THE SUPPLY RATHER THAN ASSUMING IMGRPTS ARE TO BLAME. COMMUNITY IS AT THE HEART OF THE MISSION DRIVEN SERVING PROGRAM. >>COUN. LEWIS: THANK YOU. THANK YOU. YOUR TIME IS UP. >> JANICE FOLLOWED BY MICHAEL. MICHAEL FOLLOWED BY JOE. >>COUN. LEWIS: IF YOU'RE HERE, YOU'RE WELCOME TO SIT IN THE FRONT ROW. IF YOU'RE NEXT TO SPEAK, COME ON DOWN TO THE FRONT AND BE READY TO SPEAK. >> JOE FOLLOWED BY TAD. >> THANK YOU FOR YOUR TIME AND HEARING ME OUT. I'M PRETTY CONCERNED ABOUT THE SAFETY OF SCHOOL CHILDREN AROUND MY NEIGHBORHOOD. NOW THAT LOMAS AND TRAMWAY IS A PRIVATE SCHOOL ALBUQUERQUE SCHOOL OF EXCELLENCE. THEY'RE CONSTANTLY PARKING AROUND ON TRAMWAY FRONTAGE ROW, NOT TRAMWAY. IT'S A TWO-LANE ROAD AND YOU CAN'T -- I ALMOST HIT A KID THERE TWO WEEKS AGO BECAUSE THERE'S NO PARKING SIGNS UP. I GOT TO TALK TO THE POLICE ABOUT IT. I TRIED TO TALK TO THE SCHOOL. AND I EVEN CALLED 311 AND NOBODY SEEMS TO CARE OER OR HAVING ANYTHING TO DO IT WITH IT. THEY NEED TO PUT SIGNS UP. THEY NEED TO CLEAR THAT AREA BECAUSE IT'S ONLY TWO LANES WIDE. AND WHEN YOU'RE PARKED ON AN S-CURVE THAT ONLY LEAVES ONE LANE OPEN AND IT'S TWO-LANE TRAFFIC. I THINK SOMETHING NEEDS TO BE DONE. THERE'S KIDS SAFETY AND ALSO THEY NEED TO PUT SOME LEFT TURN SIGNALS AT LOMAS BECAUSE THE TRAFFIC FROM THE SCHOOL IS UNBELIEVABLE. I'VE SAT AT THAT LIGHT FOR 20 MINUTES TO MAKE A LEFT TURN AND I COULDN'T DO IT. I'M NOT THE ONLY ONE. THERE'S A LONG LINE OF PEOPLE TURNING LEFT. BETWEEN THE CONCERNS OF THE KIDS OF THAT SCHOOL AND OTHER TRAFFIC SAFETY AND STUFF, I THINK SOMETHING NEEDS TO BE DONE ABOUT IT. I WOULD APPRECIATE IT IF YOU COULD GET SOMETHING DONE ABOUT IT. LIKE I SAID, I WENT THREE DIFFERENT WAYS. NOBODY WANTS TO CLAIM RESPONSIBILITY FOR THIS. >>COUN. LEWIS: COUNCILOR ROGERS. >>COUN. ROGERS: I JUST WANT TO THANK YOU. THAT IS MY CHILDREN'S SCHOOL. AND I'VE BEEN TRYING FOR A LONG TIME TO GET HELP OVER THERE. EVEN IN MY ROLE BECAUSE IT'S NOT AN APS SCHOOL, I BEEN TOLD THE CITY WON'T HELP BECAUSE IT'S NOT APS. IT'S A PUBLIC-ED CHARTER. I'M GLAD YOU BROUGHT IT UP AND HOPEFULLY FIGURE SOMETHING OUT. >> THERE'S A LOT OF TRAFFIC PROBLEMS. IT'S NOT THE FIRST TIME. THERE'S MINI VAN ON THE DRIVERS SIDE, THEY JUMP RIGHT YOU. THEY DON'T EVEN LOOK. THANK YOU. >> JOE FOLLOWED BY TAD. TAD FOLLOWED BY LEONARDO. >> THANK YOU. WE -- LET ME BEGIN IT THIS WAY. WE ARE ALLOWED TO SPEAK THREE TIMES. IN A PUBLIC COMMENT AND TWO AGENDAS. WELL, YOU HAVE TO FIND OUT THE MEETING DAY BY 4 O'CLOCK. THEN CITY COUNCIL DEFER. SO, WHAT'S HAPPENED, YOU LOSING. NOW, I WAS GOING TO TODAY TO -- TO THE ATTORNEY GENERAL OFFICE. I CHANGED MY MIND BEFORE I SPEAK RIGHT HERE. PRESIDENT OF THE COUNCIL DAN LEWIS AND CITY COUNCIL, YOU HAVE ACCOMMODATED BUT ALSO POLY SPEAKERS. OTHERWISE YOU VIOLATED STATE LAWS. ANYWAY, HOPE ALSO TODAY ONE OF THE COUNCIL ASK ADMINISTRATOR CAN YOU TELL ME HOW MANY. YOU HAVE TO -- ENTER PUBLICLY. THE CITY COUNCIL MEETING. ANYWAY, NOW AS TO COUNCILOR ROGERS, I DON'T HAVE TIME. YOU ARE JUST FUNNY FOR HOW MUCH YOU GET FOR OUR NEIGHBORHOOD. >>COUN. LEWIS: THANK YOU, SIR. YOUR TIME IS UP. >> I WILL SPEAK ON THIS AGENDA ITEM NEXT TIME I WILL FINISH. AND EVERYBODY CAN SIT HERE AGAIN. >>COUN. LEWIS: OKAY, THANK YOU. >> LEONARDO FOLLOWED BY SUZANNA. >> COUNCIL PRESIDENT, COUNCIL MEMBERS, I'M A POLICY ADVOCATE FOR THE AMERICAN CIVIL LIBERTIES UNION OF NEW MEXICO. I'M HERE AS SO MANY OTHERS TO SPEAK ON R-45. AND TO URGE YOU TO RECONSIDER THIS AND NOT ACCEPT THE AMENDMENT -- THIS RESOLUTION. I KNOW YOUR INTENTIONS ARE GOOD. I KNOW YOU WANT WHAT'S BEST FOR THE COMMUNITY AND IMMIGRANT COMMUNITY, BUT UNFORTUNATELY THIS RESOLUTION FAILS IN SEVERAL CRITICAL WAYS. IT VIOLATES DUE PROCESS LAWS. WHEN SOMEONE IS CHARGED WITH A CRIME THEY'RE INNOCENT UNTIL FOUND GUILTY. AND CIRCUMVENTING THAT AND CREATING PATHWAYS FOR PEOPLE TO BE REFERRED TO IMMIGRATION ENFORCEMENT SIMPLY BECAUSE THEY HAVE BEEN CHARGED WHEN WE HAVE SEEN HORRIBLE HEART BREAKING STORIES OF PEOPLE IN THE COMMUNITY, PEOPLE OF COLOR, IMMIGRANTS BEING MISIDENTIFIED, A HIGH SCHOOL STUDENT BEING ARRESTED BECAUSE THE POLICE OFFICER THOUGHT SHE WAS SOMEONE ELSE BECAUSE SHE WAS A LATINA TEENAGER. PEOPLE ARE CHARGED WITH HORRIBLE CRIMES BECAUSE THEY'RE IN THE WRONG PLACE AT THE WRONG TIME CAN HAVE HORRIFIC CONSEQUENCES THAT VIOLATE THE SPIRIT, THE GOAL AND THE INTENT OF POLICIES THAT THIS CITY COUNCIL HAS PASSED. FOR THE WELL BEING OF OUR IMMIGRANT COMMUNITY AND COMMUNITY AS A WHOLE. WHAT ENDS UP HAPPENING WITH THIS BILL IS IT DIZ NOT MAKE US SAFER BECAUSE IT LIMITS THE ABILITY FOR OUR JUSTICE SYSTEM TO CARRY OUT JUSTICE IF SOMEONE IS GUILTY OF A CRIME IT CIRCUMVENTS THAT PROCESS. IT SENDS THE MESSAGE, THE MESSAGE THAT YOU'VE HEARD TODAY OVER AND OVER, IT SENDS A MESSAGE TO OUR IMMIGRANT COMMUNITY THAT THE POLICE ARE NOT HERE FOR THEM THEY'RE HERE TO FIND A WAY TO GET RID OF THEM. TO CONNECT THEM TO INIMMIGRATION ENFORCEMENT. I KNOW YOU WANT WHAT'S BEST FOR IMMIGRANT COMMUNITY AND THIS RESOLUTION ISN'T IT. THANK YOU. >> SUZANNA FOLLOWED BY JESSICA. >> GOOD EVENING, I AM THE EXECUTIVE DIRECTOR OF ORGANIZED POWER IN NUMBERS. A NON-PROFIT THAT WORKS WITH WORKERS ACROSS THE SOUTH AND SOUTHWEST INCLUDING NEW MEXICO. WE HAVE A STRONG BASE OF 350,000 WORKERS THAT DO JOBS FROM CONSTRUCTION, SERVICE, PUBLIC UTILITY, AND I'M HERE TODAY -- I AGREE WITH MY PEERS THAT ALL THE AMENDMENTS BEING SENT FORWARD WOULD VIOLATE PEOPLE'S RIGHTS. I'M ALSO HERE TO RAISE ONE SPECIFIC POINT. WHICH IS THAT IN THIS CITY I WORKED WITH DIFFERENT UNIONS, AND DIFFERENT EMPLOYERS, I'M AN EMPLOYER MYSELF, I'M ALSO A BUSINESS OWNER. AND WHAT WE KEEP HEARING AGAIN AND AGAIN IS WE HAVE A LABOR SHORTAGE. AND AMENDMENTS LIKE THE ONE THAT IS BEING PUT FORWARD TO MAKE THIS CITY NOT JUST VIOLATE PEOPLE'S RIGHTS BUT ALSO NOT WELCOME TO IMGRANTS THAT LIVE HERE THAT RUN THIS CITY EVERY DAY BY WORKING REALLY HARD DAY AND NIGHT MAKE IT SO THAT WE'RE GOING TO CONTINUE TO SEE EVEN BIGGER LABOR SHORTAGES. WE HEAR FROM CONSTRUCTION TRADES THAT THERE'S THOUSANDS OF JOBS BEING UNFULFILLED BECAUSE WE DON'T HAVE A TRAINED WORKFORCE. THE REALITY IS A LOT OF IMMIGRANTS YOU WANT TO PUT IN JAIL ARE GOING TO BE THE ONES TO BUILD THE ROADS AND MAKE THINGS BETTER IN THIS CITY OR STATE. I WANT TO ASK ALL OF YOU AS ELECTED LEADERS FROM OUR COMMUNITY THAT YOU NOT ONLY HONOR THE CONTRIBUTIONS OF IMMIGRANTS BUT YOU ALSO THINK ABOUT THE DEVELOPMENT OF THIS CITY AND THE NEEDS OF THIS CITY AND YOU PUT THOSE FIRST BEFORE YOUR POINT FOR POLITICS. THANK YOU. >> JESSICA FOLLOWED BY ALONDRA. >> GOOD EVENING, MR. PRESIDENT, COUNCIL MEMBERS, I AM THE DIRECTOR OF POLICY AND COALITION BUILDING AT NEW MEXICO IMMIGRANT LAW CENTER. IMMIGRATION ATTORNEY THAT SPECIALS WORKING WITH SPECIAL IMMIGRANT JUVENILES. I SERVE AS ONE OF THE BOARD OF DIRECTORS ON THE IMMIGRATION LAW SECTION OF THE NEW MEXICO STATE BAR. WE PROVIDE HOLISTIC AND TROM-INFORMED LEGAL SERVICES FOR SURVIVORS OF CRIME, PERSECUTION AND VULNERABLE IMMIGRANT CHILDREN WHO HAVE SURVIVED ABUSE ABANDONMENT AND NEGLECT. THE PROPOSED AMENDMENT R-24-45 WAS NOT ALIGN WITH OUR VALUES AND WOULD BE DETRIMENTAL TO PUBLIC SAFETY BY CREATING DISTRUST AND FEAR IN THE COMMUNITY. ESPECIALLY TO SURVIVORS OF CRIME WHO FEAR REPORTING. OUR CURRENT IMMIGRATION FRIENDLY POLICIES HAVE BEEN CRUCIAL TO FOSTERING TRUST AND COLLABORATION. WE AS IMMIGRATION ATTORNEYS KNOW THAT THE CURRENT POLICIES MAKE IT MORE LIKELY THAT SURVIVORS OR WITNESSES OF CRIME WILL REPORT TO LAW ENFORCEMENT. THE PROPOSED AMENDMENT WOULD SET A DANGEROUS PRECEDENT THAT STRIP IMMIGRANTS OF DUE PROCESS RIGHTS AND PRESUMPTION OF INNOCENCE. IT WOULD FURTHER PERPETTUATE FEAR. WE ARE SAFER AS A COMMUNITY WHEN WE APPROACH POLICIES BY WORKING WITH THE COMMUNITY. WE URGE THE CITY COUNCIL MEMBERS TO WORK WITH OUR MANY LEGAL EXPERTS IN OUR FIELD AND ORGANIZATIONS REPRESENTED TODAY TO UPHOLD IMMIGRANT FRIENDLY POLICIES CONDUCIVE TO PUBLIC SAFETY UPHOLDING CIVIL RIGHT AND HONORING THE CONTRIBUTIONS OF THE IMMIGRANTS IN THE CITY. THANK YOU SO MUCH FOR YOUR TIME. >> ALONDRA FOLLOWED BY GARY ON ZOOM. >> HI. I AM A PARALEGAL AND POLICY ADVOCATE AT THE NEW MEXICO IMMIGRANT LAW CENTER. IT IS NECESSARY THAT WE FOSTER A SAFE AND IMMIGRANT-FRIENDLY COMMUNITY TO ENSURE OUR OVERALL SAFETY. THROUGH MY WORK I HAVE ASSISTED SURVIVORS OF CRIME AND APPLYING FOR IMMIGRATION RELIEF IN ORDER TO QUALIFY EACH CLIENT MUST BE WILLING TO COOPERATE WITH POLICE. R-24-45 WOULD BREAK THE SAFETY AND TRUST THAT THE IMMIGRANT COMMUNITY HAS IN APD AND INSTEAD WOULD PROMOTE THE FEAR OF DEPORTATION OR ACT AS AN ADDITIONAL BARRIER TO IMMIGRATION RELIEF. THIS FEAR WILL LEAD TO UNSAFE SOCIETY WHERE IMMIGRANTS ARE FORCED TO SUFFER OF VICTIMS OF VIOLENT CRIME AND THE AGGRESSORS WILL CONTINUE ON WITHOUT CONSEQUENCE PUTTING THE REST OF SOCIETY IN DANGER. HISTORICALLY, ASYLUM SEEKERS AND DETAINEES HAVE BEEN IN OUR STILL USED AS SCAPEGOATS TO SUPPORT INHUMANE IMMIGRATION POLICY INITIATIVES. R-24-45 WOULD FURTHER PROMOTE THE FALSE NARRATIVE THAT THEY'RE GUILTY OF A CRIME. CURRENT REQUIREMENTS FOR SEEKING ASYLUM BAN ANY ASYLUM SEEKER WITH SERIOUS CONVICTIONS. OUR CURRENT IMMIGRATION POLICIES DO NOT PREVENT THE ARREST OR INVESTIGATION OF ANY INDIVIDUAL. THEREFORE, WE'RE ASKING YOU NOT TO PASS A POLICY THAT IS CREATED SPECIFICALLY TARGET PEOPLE OF COLOR. THE NEW MEXICO IMMIGRANT LAW CENTER URGES YOU, PRESIDENT, AND COUNCIL MEMBERS TO PASS REQUESTS -- TO NOT PASS THE REQUEST TO STAY TRUE TO OUR VALUES. THANK YOU. MR. >> THANK YOU, COUNCILORS. I'M GRARRY. AND I'M -- I SUPPORT THE LAST DOZEN OR SO SPEAKERS AS WELL. ABOUT THE AMENDMENT. I'M HERE TO TALK ABOUT THE ALBUQUERQUE COMMUNITY SAFETY DEPARTMENT AND I KNOW WE'RE ALL FOR MORE MONEY FOR THE BIO PARK. BUT I THINK THAT THE ALBUQUERQUE COMMUNITY SAFETY DEPARTMENT DOES DESERVE ADDITIONAL FUNDING AND UNDERSTAND THEY'RE TRYING TO GO TO A 24-HOUR SERVICE BECAUSE OF THE PUBLIC SAFETY ISSUES IN ALBUQUERQUE I THINK THAT THE POSSIBILITY OF HAVING SOCIAL WORKERS DO THE KIND OF THING THEY'RE TRAINED FOR AND ALLOW THE POLICE DEPARTMENT TO HAVE MORE TIME TO ENGAGE IN THE TASKS THEY'RE TRAINED FOR. THIS IS A NATIONALLY RECOGNIZED PROGRAM. IT'S ONE OF THE VERY FIRST, IF NOT THE FIRST STAND-ALONE DEPARTMENT. I HEARD IT MAY HAVE LOST FUNDING. I'D LIKE SOMEONE TO ASSURE THAT IS NOT ENCASE. I THINK THERE'S NOT UNLIMITED BUDGET, I THINK THIS IS A DEPARTMENT THAT PEOPLE ARE LESS FAMILIAR WITH AND I JUST WANT TO SUGGEST THAT IT GET THE ROBUST SUPPORT IT DESERVES. THANK YOU. >>COUN. LEWIS: JUST TO FOLLOW UP ON THE COMMENT. I'M NOT AWARE OF ANY PROPOSAL TO CUT ACS. I DON'T BELIEVE THAT'S BEEN PROPOSED WHATSOEVER BY THE ADMINISTRATION OR COUNCIL MEMBERS. I KNOW THERE'S LOT OF EMAILS GOING AROUND AND SOMEBODY IS GETTING THAT AROUND THAT THERE'S A PROPOSAL LIKE THAT OUT THERE. I DON'T BELIEVE THAT'S THE CASE. WE'D LIKE TO GET TO THE BOTTOM OF THAT AND WE'VE ASKED WHERE THAT'S COMING FROM BUT WE CAN'T SEEM TO FIND WHERE IT'S COMING FROM. WE'RE GOING TO MOVE -- IS THAT EVERYBODY? WE'LL MOVE TO APPROVALS. THIS IS THE MAYORS RECOMMENDATION FOR RFPVSWEC RECYCLE PROCESSING AND MARKETING SERVICES. I MOVE APPROVAL. MOTION AND SECOND. COUNCILOR CHAMPINE FOR APPROVAL. WE'LL GO TO OUR -- WE HAVE PEOPLE SIGNED UP FOR PUBLIC COMMENT. >> THANK YOU, MR. PRESIDENT. WE HAVE MICHAEL FOLLOWED BY DAN. >> MR. PRESIDENT, COUNCILORS, THANK YOU, I REPRESENT UNIVERSAL WASTE SYSTEM. MY CLIENT WAS ONE OF THREE PEOPLE WHO WAS INVOLVED IN THIS BIDDING PROCESS. MY CLIENT ACTUALLY DID NOT SUBMIT A BID. MY CLIENT WAS UNDER THE IMPRESSION BASED ON THE REQUEST FOR PROPOSALS THAT IN ORDER TO HAVE A RESPONSE OR PROPOSAL YOU HAD TO HAVE A MATERIALS RECYCLING FACILITY READY READY TO GO. IN FACT, THE ENTITY THAT RECEIVED THE AWARD, THE RECOMMENDATION OF AWARD DOES NOT HAVE MIRLS RECYCLING FACILITY READY TO GO. IF WE HAD KNOWN YOU HAD TO HAVE ONE WE WOULD HAVE SUBMITTED A BID. NEVERTHELESS WE SENT A LETTER TO THE PURCHASE DEPARTMENT EXPRESSING THE CONCERNS ABOUT CHANGING RECYCLING FACILITIES IN MID-STREAM AND THE PURCHASE DEPARTMENT TREATED THAT AS A BID AND SCORED THAT PROPOSAL WHICH WAS IM -- IMPROPER. THE ENTIRE PROCESS BY WHICH THIS PROPOSAL WAS EVALUATED AND THE RECOMMENDATION OF AWARD WAS MADE WAS DEEPLY FLAWED. IT WILL RESULT IN NOT ONLY FURTHER TROUBLE FOR AN ALREADY TROUBLED CITY OF ALBUQUERQUE RECYCLING PROGRAM BUT IT WILL LIKELY LEAD TO INCREASES IN RECYCLING AND TRASH RATES FOR RATE PAYERS AND TAXPAYERS. THE PROPOSAL THAT WAS RECOMMENDED BY THE MAYOR, UNLIKE THE OTHER PROPOSALS DOES NOT HAVE A COST CONTAINMENT. THE CONTRACTOR WILL BE ABLE TO RAISE RATES IN ORDER TO PAY FOR TRANSPORTATION COSTS BECAUSE IT DOES NOT HAVE A MATERIALS RECYCLING FACILITY LOCALLY. IT WILL HAVE TO SEND THE RECYCLING OUT OF STATE AND THOSE COSTS WOULD BE PASSED ON TO THE TAXPAYER AND RATE PAYER. AND IN FACT THE PROPOSAL SPECIFICALLY SAYS THAT THE WINNING BIDDER WILL BE ABLE TO RAISE ITS RATES IN ORDER TO PROTECT ITS PROFITS. WE URGE YOU TO REJECT THIS PROPOSAL AND REBID IT IN A FAIR WAY. THANK YOU. >> DAN FOLLOWED BY MARK. >> MR. PRESIDENT, COUNCILORS, I'M DAN WITH WM. THANK YOU FOR ALLOWING ME TO SPEAK TODAY. I ALSO WANT TO THANK YOU FOR REVISITING THIS RECOMMENDATION OF AWARD. I BELIEVE THE RESULTING PROPOSED CONTRACT WOULD COME BACK TO THIS COUNCIL FOR TYPEAL APPROVAL. THE RFP BEHIND THIS RECOMMENDATION WAS THE FINAL EVENT IN THE SERIES OF STEPS THE CITY TOOK TO VALUE THE METRO AREA. THE STUDY WAS RELEASED IN JUNE OF 2021 WHICH MADE THREE RECOMMENDATIONS. THEY RECOMMENDED AGAINST THE CITY OPERATING THEIR OWN MATERIAL RECOVERY FACILITY. SECOND THE CITY COULD SEE THE CURRENT PROVIDER WOULD UP GRADE CAPABILITIES OF EXISTING PLANT AND THE RECOMMENDATION WAS MADE TO PUT A REQUEST FOR A LETTER OF INTEREST TO SEE IF ANYONE WOULD LIKE TO PARTNER WITH THE CITY TO BRING A NEW MODERN. WE RESPONDED TO THE CITY'S REQUEST FOR LETTER OF INTEREST AND BASED UPON THE RESPONSES THE CITY RECEIVED AN RFP WAS CREATED. WE ALSO RESPONDED TO RFP. THE CITY USED A PROCRURMENT PLATFERMENT TO ADMINISTER THE RFP. I HAVE SIGNIFICANT BACKGROUND OF EXPERIENCE IN SUBMITTING PROPOSALS. I FOUND THIS PLATFORM TO BE ONE OF THE MOST FAIR AND EQUITABLE METHODS OF SUBMITTING A PROPOSAL. NOT ONLY ARE THE SILTY'S EXPECTATIONS ARTICULATED IT GIVES TWO OPPORTUNITIES TO PROTEST. THE FIRST OPPORTUNITY WAS TO PROTEST THE PROCESS ITSELF. AND THE SECOND TO PROTEST THE OUTCOME AFTER A RECOMMENDATION WAS ANNOUNCED. THERE WAS NO PROTESTS FILED BY ANY RESPONDENTS. THANK YOU AGAIN FOR REVISITING THIS ISSUE. I ASK YOU TO VOTE TO APPROVE THE AWARD TO BEGIN NEGOTIATING. >> GOOD EVENING, MR. PRESIDENT. ESTEEMED COUNCIL MEMBERS. I AM THE RECYCLING OPERATIONS DIRECTOR FOR THE FOUR CORNERS STATES. WHAT I DO AND WHAT MY TEAM DO IS PROCESS OVER 34,000 TONS OF RECYCLING PER MONTH. THAT'S 68 MILLION POUNDS OF RECYCLING. WE DO THIS DAY IN AND DAY OUT. WE'RE EXCITED WM HAS COME OUT AND COMMITTED TO INVESTING A BILLION DOLLARS IN THESE TYPE OF NEW STATE OF THE ART FACILITIES. ALBUQUERQUE IS THE PRIME MARKET FOR THIS. AGING INFRASTRUCTURE, RECYCLING PROGRAM THAT NEEDS UPDATING AND NEEDS MODERNIZATION. WASTE MANAGEMENT IS COMMITTED TO THE PROCESS. WE'VE ROAD MAPPED A PROCESS TO GO FORWARD WITH IT. WE INCLUDE THINGS LIKE GLASS AND FUTURE THINGS LIKE RECOVERY TO MAKE IT SCALABLE TO NOT ONLY MEET THE NEEDS NOW BUT MEET THE NEEDS OF THE CITY IN 10, 15, 20 YEARS. WE WORK AS A PARTNER WITH THE CITY TO DEVELOP AND PROVIDE INFORMATION TO GO BACK AND LOOK AT INDIVIDUAL DISTRICTS AND ROUTES SO WE CAN IMPROVE CONTAMINATION RATES, IMPROVE RECOVERABILITY AND GIVE YOU INFORMATION BACK TO THE COUNCIL AND THE TAXPAYERS OF WHERE THE DOLLARS ARE GOING AND HOW IT'S BENEFITTING AND MAKING IT MORE SUSTAINABLE. A LOT OF PEOPLE ASK WHAT'S IN THE STATE OF THE ART RECOVERY FACILITY. SO MANY THINGS. OPTICAL BELTS. ALL THE DIFFERENT THINGS IN THERE. WHY WASTE MANAGEMENT? THIS WOULD BE ONE OF ABOUT 20 PROJECTS SIMILAR TO THIS GOING ON ACROSS THE ENTERPRISE NATION WIDE. WE HAVE THE EXPERIENCE. WE KNOW THE PITFALLS. WE KNOW HOW TO BUILD THE SYSTEMS TO ACHIEVE THE RESULTS YOU'RE LOOKING FOR. THANK YOU FOR THE TIME. I APPRECIATE IT. THANK YOU. >> FOLLOWED BY VIDAL ON ZOOM. >> THANK YOU, MR. PRESIDENT. I REPRESENT WASTE CONNECTIONS OF NEW MEXICO. WHICH ENCOMPASSES ROADRUNNER WASTE SERVICE AND THE RECYCLING FACILITY. I'M HERE TO EXPRESS CONCERNS TO RECOMMENDATION EC-70. WE HOPED FOR CLARITY ON THESE CONCERNS AMONG OTHERS THE COUNCIL AND STAFF ALIKE. I START TO START BY ADDRESSING THE DISCUSSION ON LACK OF PROTEST. BEING NEW TO THIS MARKET WE SOUGHT INTERNAL COUNSEL REGARDING THE PROTEST WHICH OUT CAUSE WE SAW ADVERSARILY AND IS A STRONG PARTNER THAT THE CITY DID NOT WANT TO SEEM AS SUCH. THERE ARE THREE ITEMS I WANT TO TOUCH ON THIS EVENING. COST, FEASIBILITY, AND UNDERSTANDING. THE RECOMMENDATION COVER ANALYSIS STATES UNDER QUESTION FOUR THERE'S NO COST ASSOCIATED WITH THE RFP. WHICH IS INCORRECT AND MISLEADING AS A SOLID WASTE DEPARTMENT WILL PAY INCREASED FEES THAT WILL IMPACT THE SOLID WASTE DEPARTMENT BETWEEN 35 TO $50 MILLION PER THE ANALYSIS OVER THE COURSE OF THE 20-YEAR CONTRACT. AS IT RELATES TOIFIES FEASIBILITY IT DOES NOT IDENTIFY SITES THAT MUST BE DESIGNED PERMITTED AND FULLY OPERATIONAL BY OCTOBER 1 OF 2026. IF THIS IS NOT MET THE MATERIAL WILL BE SENT OUT OF STATE THAT WILL REQUIRE A TRANSFER STATION AND INHERENTLY INCREASE THE COST AND THE CARBON FOOTPRINT. FINALLY AS IT RELATES TO UNDERSTANDING QUESTION THREE OF THE RECOMMENDATION ANALYSIS STATES THE RFP IS INTENT TO ATTRACT AN OFFER TO BUILD OPERATE AND MAINTAIN A NEW MATERIAL RECOVERY FACILITY. THE TIME FOR THE RFP IS RECYCLING MATERIAL PROCESSING AND MARKETING SERVICES. IF THE INTENT WAS BUILD A NEW FACILITY WE WOULDN'T KNOW UNTIL MARCH. WITH THAT SAID IT'S OUR UNDERSTANDING THERE'S UNCERTAINTY WITH WHAT THE RFP WAS TRYING TO ACCOMPLISH. WE HOPE THERE'S CLARITY PROVIDED THIS EVENING. THANK YOU FOR YOUR TIME. >> DUVAL FOLLOWED BY FRANK. >> GOOD EVENING, COUNCIL PRESIDENT, COUNCILORS, I'M EXECUTIVE VICE PRESIDENT OF POLICY AND PROGRAMS WITH THE GREATER ALBUQUERQUE CHAMBER OF COMMERCE. I'M HERE TO EMPHASIZE THE IMPORTANCE OF TWO THINGS WHEN IT COMES TO UPHOLDING THIS RFP TO WASTE MANAGEMENT. FIRST AND FOREMOST, IT'S A FAIR AND RELIABLE PROCESS A BUSINESS CAN COUNT ON. THIS RFP FOR A NEW ERE CYCLING FACILITY FOLLOWED EVERY PROCEDURE REQUIRED. IT WAS A COMPETITIVE PROCESS. IT WAS SCORED BY THE AD HOC EVALUATION COMMITTEE WHICH GAVE THE HIGHEST SCORES TO WASTE MANAGEMENT A CHAMBER MEMBER WITH NO QUESTION AND NO RESERVATIONS AND NO PROTESTS FROM COMPETITORS. AND YET HERE WE ARE. IT IS ESSENTIAL TONIGHT THAT THE CITY COUNCIL STAND BY THE PROCEDURES THAT ARE IN PLACE AND WERE FOLLOWED TO A T AND SUPPORT THE RFP. THAT WILL SEND A MESSAGE THAT ALBUQUERQUE WILL PROVIDE BUSINESSES WITH A CERTAINTY THEY NEED TO SURVIVE AND THRIVE. THAT OUR GOVERNING BODY DOESN'T MOVE THE GOAL POSTS AND WE ARE INDEED OPEN FOR BUSINESS. SECOND, THE CITY ADMINISTRATION CLEARLY KNOWS IT'S TIME TO DELIVER A STATE OF THE ART RECYCLING FACILITY TO RESIDENTS. THAT'S WHY IT SOUGHT ONE VIA THE RFP PROCESS. ALBUQUERQUE DESERVES A MODERN RECYCLING FACILITY AND WASTE MANAGEMENT WILL PROVIDE IT. THE COMPANY INVESTED $100,000 IN THE PROJECT AND PLANS TO BUILD A $40 MILLION THAT CAN HANDLE THE REPSYCHOABLE WASTE STREAM AND RECYCLE GLASS AND HAS ACCESS TO THE MARKETS THAT WILL KEEP IT OUT OF THE LANDFILL. WE ASK THAT YOU HONOR THIS RFP AND SHOWS THE CITY WALKS ITS TALK. AND STANDS BY POLICIES AND PROCEDURES WHEN IT COMES TO DOING BUSINESS AND COMMIT TO GREENER ALBUQUERQUE WITH THE STATE OF THE ART RECYCLING SITE. THANK YOU. >> FRANK. >> GOOD EVENING, MR. PRESIDENT, COUNCIL MEMBERS. I AM VICE-PRESIDENT FOR RECYCLING. WE'RE A FULL SERVICE RECYCLING PLANT IN THE SOUTH VALLEY. WE HAVE BEEN IN BUSINESS OVER 12 YEARS AND WORK WITH WASTE MANAGEMENT ON AIRIOUS RECYCLING PROJECTS. WASTE MANAGEMENT HAS BEEN A GREAT BUSINESS PARTNER. ALWAYS WORKING WITH THE UTMOST TRANSPARENCY AND FAIRNESS. I PERSONALLY HAVE BEEN IN THE RECYCLING BUSINESS FOR OVER 30 YEARS IN THAT TIME I'VE HAD THE OPPORTUNITY TO VISIT NUMEROUS WASTE MANAGEMENT MATERIAL RECOVERY FACILITIES THROUGHOUT THE U.S. AND ALWAYS FOUND THEM TO BE CLEAN, SAFE AND WELL RUN OPERATIONS. WE BELIEVE THAT WASTE MANAGEMENT WOULD BE THE IDEAL COMPANY TO MOVE RECYCLING FORWARD IN ALBUQUERQUE AND NEW MEXICO. THANK YOU VERY MUCH. >> THAT CONCLUDES COMMENT. >>COUN. LEWIS: WHY DON'T WE START WITH THE ADMINISTRATION, IF YOU WOULD WALK US THROUGH THIS RFP. I'M GOING TO GIVE YOU AN OPPORTUNITY TO AT LEAST HELP COUNCIL UNDERSTAND MORE ABOUT THE PROCESS AND SOME OF THE QUESTIONS RAISED TONIGHT. >> COUNCIL PRESIDENT, COUNCILORS, I HAVE BRADLEY WHO IS THE PROCRURMENT MANAGER. SHE OVERSAW THE PURCHASING. I CAN GIVE YOU A BACKGROUND ON HOW WE STARTED AND HOW WE GOT TO THIS POINT. WE'VE BEEN IN THE CURRENT CONTRACT WITH A PRIOR ELEMENT OF THE CURRENT FACILITY THAT WE USE FOR PROBABLY 15 YEARS. CONTRACT IS COMING CLOSE TO AN END. WHAT WE DID IS WANTED TO START EARLY ENOUGH SO WE HAVE OPTIONS ON HOW WE'RE GOING TO MOVE FORWARD WHEN IT COMES TO RECYCLING. WE WANT NEWER EQUIPMENT. WE WANT STATE OF THE ART FACILITY OR IMPROVEMENTS. BECAUSE THE MARKET CHANGED AND IT CHANGED SIGNIFICANTLY OVER THE LAST FIVE YEARS. THE FIRST THING WE DID WAS WENT OUT FOR A STUDY TO FIND OUT WHAT WE WOULD DO. THAT STUDY HAS BEEN PROVIDED TO COUNCILORS AFTER FINANCE AND GOVERNMENT MEETINGS. IT DID HAVE THROW THREE OPTIONS. THAT'S HOW WE WENT DOWN THE PATH OF MOVING FORWARD. I KNOW IDEALLY BUILDING OUR OWN WOULD PROBABLY BE NICE, BUT THREE YEARS AGO OR FOUR YEARS AGO IT WAS A $25 MILLION PROJECT WITH ABOUT $3 MILLION TO OPERATE THE FACILITY AND ON TOP OF THAT WE HAVE TO FIND LAND TO HAVE THE FACILITY WHICH EVERYBODY WOULD HAVE TO DO IN THIS CASE TOO. SO FROM THE FINANCIAL STANDPOINT IT DIDN'T MAKE SENSE FOR US TO DO IT BECAUSE WE DINT HAVE THE CAPITAL. WE'RE WORKING ON ANOTHER PROJECT. WE WENT INTO NEGOTIATIONS WITH THE SECOND OPTION WHICH WAS NEGOTIATIONS WITH OUR CURRENT CONTRACTOR. FREEDMAN RECYCLING. AT THE TIME THERE WAS THREE YEARS ON THE CONTRACT AND THERE WAS A YEAR LEFT ON THE CURRENT CONTRACT. WE KNEW WE HAD A YEAR BEFORE WE HAD TO FIND ONE OF THE OPTIONS. WE WERE IN NEGOTIATIONS TO IMPROVE THE FACILITY THAT WE WERE GOING BACK AND FORTH ON WHAT IMPROVEMENTS NEEDED TO BE MADE AND WHAT NEEDED TO BE DONE TO SIGN THE THREE YEAR EXTENSIONS. DURING THE PROCESS THEY SOLD THE FACILITY TO WASTE CONNECTION. AT THAT POINT, WE FIGURED WE'LL PUT OUT AN RFI TO SEE IF THERE'S PEOPLE INTERESTED IN A FACILITY IN ALBUQUERQUE. NOT -- ANY COMPANY THROUGHOUT THE U.S. INTERESTED. WE GOT FOUR RESPONDENTS. I DON'T REMEMBER THE FOURTH ONE. BUT WE GOT FOUR. WE FIGURED WE'LL GO TO RFP AND SEE WHERE WE'RE AT. WE STARTED THE RFP PROCESS. WE STARTED IT EARLY ENOUGH KNOWING WE WOULD HAVE TO SIGN ONE OF THE THREE-YEAR EXTENSIONS TO GET US TO THE END OF THE RFP PROCESS WHETHER IT'S BUILD A FEW FACILITY OR STAYING WITH DHURNT CURRENT CONTRACT. WE HIRED CONSULTANTS. WE HIRED THEM TO WORK WITH OUR PURCHASE DEPARTMENT. TO WRITE THE RFP WITH INPUT FROM STAFF AND PURCHPURCHASINGS. WE PUT THE RFP OUT AND THEY SCORED THE RFP. WE HAD SARAH FROM THE NEW MEXICO RECYCLING COALITION, SHE COULDN'T BE HERE TONIGHT. SHE WAS ONE OF THE SCORERS. ONE OF THE PANELISTS AND WE HAD THE CONSULTANTS AS SUBJECT MATTER EXPERTS TO ANSWER QUESTIONS. WE HAD SOMEBODY FROM THE SOLID WASTE MANAGEMENT DEPARTMENT. SHE IS THE ASSOCIATE DIRECTOR. SHE'S BEEN WASTE MANAGEMENT FOR THE LAST 14 YEARS. JUST HERE AT ALBUQUERQUE. SHE WAS HERE HELPING INSTITUTE THE CURBSIDE RECYCLING PROGRAM. SHE'S -- DONE ALL OF THE RECYCLING FOR THE CITY. I DON'T KNOW WHO THE THIRD PERSON WAS. SOMEBODY FROM FINANCE. FROM OUR FINANCIAL DEPARTMENT OF FINANCE. AND ADMIN SERVICE. THAT'S THE THREE SCORING. FROM THERE WE WEPT TO RFP. WE WENT THROUGH THE PROCESS. AND WE DIDN'T HAVE ANY PROTESTS AND WE HAD GONE TO WHERE WE ARE TODAY AS FAR AS WHERE WE ARE WITH THIS RFP. >>COUN. LEWIS: YOU HEARD SOME OF THE CRITICISM OF THE SPECIFIC RFP. MAYBE SOME THINGS THAT WERE LEFT OUT OR UNCLEAR, WOULD YOU ADDRESS SOME OF THOSE CLAIMS? >> COUNCIL PRESIDENT, COUNCILORS, IN THE RFP IF THERE'S QUESTIONS ABOUT THE SPECIFICATIONS OR ANYTHING THAT'S UNCLEAR THERE'S A SECTION 1.8 IN THE RFP THAT PEOPLE ARE WELCOME TO SEND QUESTIONS AND WE'RE HAPPY TO ANSWER AND WE CLEARLY STATE THE ANSWER AND SEND IT TO EVERYONE REGISTERED IN THE RFP. THERE'S OPPORTUNITIES UNTIL ABOUT TEN DAYS BEFORE THE RFP CLOSES WHERE PEOPLE CAN ASK QUESTIONS IF ANYTHING IS UNCLEAR. ONE OF THE QUESTIONS WAS LOCATION. WHY ISSUED ADDENDUM SAYING THEY DID NOT HAVE TO HAVE A LOCATION AT THE TIME OF SUBMITTING PROPOSAL. IT WAS SENT TO EVERYONE REGISTERED. >>COUN. LEWIS: DID WASTE CONNECTIONS PARTICIPATE IN THAT QUESTION AND ANSWER PERIOD? >> THEY RECEIVED THE ANSWERS TO THE QUESTIONS. I'M NOT SURE WHO SENT QUESTIONS IN. >>COUN. LEWIS: DID THEY ASK QUESTIONS? >> I DON'T REMEMBER. I'M SORRY. >> COUNCIL PRESIDENT, THERE WERE FOUR OR FIVE QUESTIONS ASKED THROUGH THE ADDENDUM. I DIDN'T STATE WHO ASKED THE QUESTIONS. BUT THE RESPONSES WERE SENT TO EVERYONE. >>COUN. LEWIS: IN THE RFP AS IT WAS WRITTEN ALONG WITH THE QUESTION AND ANSWER PERIOD, DO YOU FEEL LIKE ALL THOSE QUESTIONS WERE ADDRESSED AND EVEN SOME OF THEM THAT WERE BROUGHT UP THIS EVENING, WERE THEY ADDRESSED IN THE Q&A PROCESS? >> COUNCIL PRESIDENT, I THINK THAT THE QUESTION THAT WE RECEIVED WERE ADDRESSED. I THINK MAYBE NOW THAT THE RFP HAS COME OUT AND BEEN AWARDED AND PEOPLE GOT A CHANCE TO LOOK AT IT I THINK THAT BROUGHT MORE QUESTIONS TO THE TABLE WHICH USUALLY DOES HAPPEN WITH RFPs BECAUSE PEOPLE DON'T ASK QUESTIONS AT THE RIGHT TIME OR THEY SEE THE ANSWER AND IT SAYS I SHOULD HAVE PUT THAT IN MY RESPONSE AS WELL. OR WE FORGOT TO ASK THAT QUESTION. THE PROCESS IS THE SAME PROCESS WE GO THROUGH WITH CONCESSION FOR GOLF AND ALL THE THINGS WE DO. THERE'S AMPLE TIME AND A PERIOD BEFORE WHERE PEOPLE CAN COME AND ASK QUESTIONS PRIOR TO US EVEN ISSUING THE RFP. >> IF WE HAVE DEMONSTRATION QUESTION OR WE WANT TO SHOW SOMETHING, WE DO THAT AS WELL. IT'S ALL PART OF THE RFP PROCESS. THAT DIDN'T HAPPEN TO THIS ONE BECAUSE THERE'S NO NEED. THERE WAS AMPLE OPPORTUNITY. WE FEEL WE ADDRESSED WHAT WE NEEDED TO ADDRESS. LIKE I SAID, A LOT OF OTHER THINGS, QUESTIONS SOMETIMES COME UP AFTER THE [ -- FACT. >>COUN. LEWIS: WASTE CONNECTIONS WAS RESPONSIVE TO THE RFP? >> YES. >>COUN. LEWIS: HOW MANY WERE RESPONSIVE? THREE? OUT OF THE FOUR THAT SHOWED INTEREST? >> YES. >>COUN. LEWIS: WHAT'S THE NEXT STEP? RFP IS AWARDED, WHAT DO THEY PRODUCE AND WHAT'S THE NEXT STEP AFTER THAT? >> COUNCIL PRESIDENT, COUNCILORS, THE NEXT STEP IS AFTER -- DEPENDING ON WHAT HAPPENS IS WE GO INTO CONTRACT NEGOTIATIONS. WITH RFPs, UNLIKE RFBs, IT'S NOT THE LOW COST THAT IS THE DECIDING FACTOR. VIP THOUGH THAT IS -- EVEN THOUGH THAT IS PART OF SCORING. >>COUN. LEWIS: THIS IS REQUEST FOR BID? >> IT'S A REQUEST FOR PROPOSAL. IT'S BASED ON SCORING AND QUALIFICATION. ALL THAT TO SAY IT'S NEGOTIABLE AT THIS TIME. NOW WE'RE GOING INTO CONTRACT NEGOTIATIONS WHERE A LOT OF THINGS THAT CAME UP CAN BE NEGOTIATED. I ALSO THINK -- I DIDN'T HEAR ANYTHING TONIGHT THAT WASN'T ADDRESSED IN AN ANSWER TO THE RFP. >>COUN. LEWIS: OKAY. AGAIN, AFTER -- ARE THERE OTHER -- IN THE WHOLE PROCESS AND ULTIMATELY THE VISION THAT WE WANT TO HAVE, THERE IS ANOTHER -- THERE'S OTHER RFPs THAT COME OUT AFTER THIS, CORRECT? >> COUNCIL PRESIDENT, COUNCILORS, ON THIS SPECIFIC SERVICE? >>COUN. LEWIS: RIGHT. THIS IS THE PLAN. THE -- WHAT WOULD BE THE FOLLOWING STEP AFTER THIS IS COMPLETED? >> COUNCIL PRESIDENT, COUNCILORS, THIS IS THE BIG RFP. THIS IS THE ONE THAT COMES OUT THAT COMES OUT EVERY TEN TO FIFTEEN YEARS. >>COUN. LEWIS: OKAY. COUNCILORS, DISCUSSION, AND ANY QUESTIONS FOR THE ADMINISTRATION. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, COUNCIL PRESIDENT. I THINK THE BIGGEST THING FOR ME WAS THE QUESTION ABOUT THE RFP AND WHAT SPECIFICALLY IT ASKED FOR THE FACILITY. AND THANK YOU FOR SENDING THE COPY OF THE RFP. I WANT TO REAFFIRM IT SAYS THE OFFER MUST PROPOSE A FACILITY ON AN OFFER-OWNED OR MANAGED PRIORITY. IS THAT OUR INTENTION -- BECAUSE IT SAYS IF THE OFFER SHALL NOT INCLUDE DESCRIPTION OF THE PLAN IN THE PROPOSAL IN THE EVENT THAT THE PROPOSALAL IS NOT READY BY 2026. WITH ME READING THIS THE INTENTION IS NOT THAT YOU HAD TO HAVE AN EXISTING SITE WITHIN 10 DRIVING MILES THAT THEY WOULD NEED TO HAVE A PLAN AND CONTINGENCY IF IT WASN'T BUILT BY 2026. >> COUNCIL PRESIDENT, COUNCILOR ROGERS YES. WITHIN THAT ADDENDUM IT ADDRESSED THAT. IT SAID THEY HAVE TO SHOW THE ABILITY TO -- NOT JUST SAY WE CAN DO IT BUT BE FINANCIALLY ABLE TO DO IT. I BELIEVE BOTH -- I THINK ALL THE PEOPLE THAT RESPONDED MET THAT CRITERIA. TO BE RESPONSIVE FINANCIALLY. >>COUN. ROGERS: OKAY. MR. PRESIDENT, IN MY PREVIOUS ROLE AT UNM HOSPITAL WE DID A LOT OF THESE RFPs FOR THE LARGE EQUIPMENT, FOR MULTIPLE YEARS LIKE THIS, 20 YEARS-PLUS CONTRACTS. FOR THOSE CONTRACTS WE ALWAYS HAD AN INTERVIEW OF THE TOP TWO RFP RESPONDENTS. I UNDERSTAND FROM OUR CONVERSATIONS WE DON'T HAVE THAT PROCESS. CAN YOU DESCRIBE A LITTLE BIT -- IF COUNCIL DOES APPROVE THIS PROPOSAL AND SOMETHING HAPPENS IN CONTRACT NEGOTIATIONS, ARE WE ALLOWED TO GO, LIKE AT THE HOSPITAL, WE'RE ALLOWED TO GO TO THE SECOND CHOICE IF SOMETHING HAPPENS WITH NEGOTIATIONS IT ALLOWS US THE FLEXIBILITY TO GO TO THE SECOND? IS THAT AN OPTION HERE AT THE CITY? >> COUNCIL PRESIDENT, COUNCILORS -- WE HAVE THE OPTION TO GO TO INTERVIEWS. WE DO THAT IF WE DIDN'T GET EVERYTHING WITH THE PROPOSALS. IT'S USUALLY WHEN THEY'RE VERY CLOSE IN SCORING WE USE THAT OPTION. IF WE GO INTO CONTRACT NEGOTIATIONS AND WE CAN'T COME TO AN AGREEMENT WE MOVE TO THE NEXT HIGHEST SCORER. WE DO HAVE TO BRING THE RECOMMENDATION OF AWARD BACK TO COUNCIL, BUT THERE'S THE OPTION. >>COUN. LEWIS: COUNCILOR BACA. >>COUN. BACA: THANK YOU, MR. PRESIDENT. I HAD THE SAME EXACT QUESTION. WHAT WAS GOING TO HAPPEN IF IT WASN'T SECURED. AND THE OPTION FOR ANOTHER COMPETITOR. THANK YOU. >>COUN. LEWIS: COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. YEAH, I MEAN, MY CONCERN ISN'T SO MUCH OF WHO IS AWARDED THE RFP. I THINK I MENTIONED THAT TO YOU. WHAT I'M CONCERNED IS I TALKED TO BOTH COMPANIES AND I'VE ALWAYS BELIEVED WE SHOULD HAVE OUR OWN IN THE CITY OF ALBUQUERQUE. AND IT WAS A FEW YEARS BACK IT WAS $25 MILLION, BUT WHEN I STARTED ADVOCATING IT WAS $10 MILLION. SO IF WE WOULD HAVE STARTED THEN -- BUT I GET CONCERNED BECAUSE WHEN WE DID THIS THE LAST TIME AND WE DECIDED NOT TO BUILD OUR OWN AND GO WITH FREEDMAN, THERE WAS COMMENTS ABOUT BEING A TRUE PARTNER AND OUR ABILITY TO -- ONCE THE RECYCLING CAME IN THE PROPOSAL PRESENTED TO US WHEN WE AWARDED THEM THE CONTRACT WAS THEY WERE GOING TO COME IN AND HAD MARGINS HOW WE WERE GOING TO MAKE MONEY OVER AND ABOVE THE THRESHOLD AND THAT NEVER HAPPENED. WE ACTUALLY ENDED UP PAYING THEM TO TAKE OUR TRASH. NOT ONLY DID WE PICK UP THE RECYCLING, THEN WE DELIVERED IT TO THEM AND THERE'S THE CONTAMINATION RATE AND WE PICKED UP THE CONTAMINATION AND TOOK THE CONTAMINATION ALL ON THE TAXPAYERS BACK TO THE LANDFILL. MY CONCERN, JUST IN GENERAL, IS THAT WHEN WE'RE DOING THIS CONTRACT AND I MENTIONED IT TO YOU, I REALLY DO NOT WANT TO GIVE AWAY THE FARM AGAIN. I'M CONCERNED WITH SOME DETAILS. ONE OF THEM IS, AND I DON'T KNOW WHO CAN ANSWER THE QUESTION, BUT WHERES THE ZONING THAT ALLOWS FOR IT TO BE BUILT? BECAUSE IF IT'S ON SOUTH 2nd I'M GOING TO HAVE REAL ISSUES. AND THE DURATION OF TIME THAT IT'S GOING TO TAKE TO BUILD IT BECAUSE YOU DON'T GET ZONING OVERNIGHT. THAT WOULD CONSISTENT OF YEARS AND YEARS. AND IN THE MEANTIME I DON'T KNOW WHETHER WASTE MANAGEMENT HAS A CURRENT ONE HERE IN THE CITY OF ALBUQUERQUE OR IF THEY PACK AND SHIP. IF THEY PACK AND SHIP I HAPPEN THAT IS -- THAT IS ANOTHER CONCERN OF MINE BECAUSE DOWN ON SECOND IS USUALLY WHERE THEY HAVE THE STORAGE TO PACK AND SHIP RECYCLING MATERIALS CURRENTLY. I JUST HOPE THAT AS A CITY WE DO DUE DILIGENCE AND MAKE SURE WE DON'T LAND UP IN THE SAME SITUATION WE WERE THE LAST TIME. THE RFP PROCESS I LOOKED THAT UP. COUNCILOR ROGERS, YOU WERE DOWN THE SAME PATH I WAS, SO IT DIDN'T REQUIRE -- WHEN I SPOKE WITH WASTE CONNECTIONS AND LET THEM KNOW THAT, YOU KNOW, NOTE TO SELF, ALWAYS PROTEST IF YOU NEED TO PROTEST. I AM JUST CONCERNED FOR THE CITY OF ALBUQUERQUE. AND US GOING DOWN THE SAME PATH WE DID LAST TIME. >> THANKS FOR THAT. I WILL SAY WHEN IT COMES TO CONTAMINATION WE ALWAYS WANT IT TO BE LOWER. AND THAT'S JUST SOMETHING WE'LL STRIVE FOR. EITHER COMPANY WE GO FOR -- AND THAT'S ONE OF THE REASONS WE'RE INTERESTED BECAUSE THERE'S SO MUCH NEW TECHNOLOGY AND GETTING THAT CUP TAMINATION RATE IS NOT ONLY OUR DESIRE BUT THE DESIRE OF WHATEVER COMPANY WE GO WITH. I BELIEVE THAT AND I THINK AS IT STANDS TODAY, IT'S GONE UP, NOT CONSISTENTLY, BUT IT'S GONE UP OVER THE YEARS. AND WE'LL WORK TO GET IT DONE. >>COUN. PEÑA: MR. PRESIDENT, IF I CAN, I KNOW WE HAVE SOME OF THE STAFF WITH US, DO YOU KNOW WHERE THE ZONING -- WHAT PARTS OF THE CITY ALLOW FOR THIS ZONING? >> COUNCIL PRESIDENT, COUNCILOR PEÑA, IT IS ALLOWED WITHIN RXU ZONE. THAT'S A PRETTY RARE ZONING DISTRICT WITHIN THE CITY OF ALBUQUERQUE. IT'S FOUND AT PLACES LIKE DOUBLE EAGLE. SOME OF THE LAND TO THE SOUTHWEST OF THE SUNPORT. THE OLD VOLCAN SITE. HEAVY INDUSTRIAL USES IN THOSE AREAS. I DID SEND A LINK TO GARRET IN CASE WE WANT TO PULL UP A MAP OF IT. >>COUN. PEÑA: MR. PRESIDENT, I'D LIKE TO SEE THAT. >>COUN. LEWIS: COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. THEY ASKED MOST OF MY QUESTIONS. IS TRASH PART OF THE CONTRACT? >> IT'S IN THE PROPOSALAL FOR THE PROCESSING. HOWEVER THE CURBSIDE PICK SUP THE RESPONSIBILITY OF THE CITY OF ALBUQUERQUE. WE ARE COMMITTED TO TRYING TO CONTINUE OUR GLASS PROGRAM AND ENHANCE THE GLASS PROGRAM. IN THE ACTUAL RFP IT'S NOT IN EITHER COMPANY TO GO TO THE CURB AND PICK IT UP. PER THE ORDINANCE THE CITY IS RESPONSIBLE FOR RESIDENTIAL TRASH. >>COUN. GROUT: THANK YOU. IS IT POSSIBLE THAT THEY, WASTE MANAGEMENT, WOULD BUY THE FACILITY THAT OUR CURRENT RE REPSYCHO -- RECYCLERS ARE IN? >> THAT'S BETWEEN WASTE MANAGEMENT AND THE CURRENT HOLDER. THAT'S OUTSIDE MY PURVIEW. >>COUN. GROUT: COUNCILOR BASSAN AND I WENT TO LOS LUNAS AND WE SAW THIS REALLY COOL PLACE. IT RECYCLES PLASTIC. AND IT GETS IT DOWN TO DIFFERENT GAS FOR VEHICLES. AND DIESEL AND KEROSENE AND IT EVEN HAS THE WASTE CALLED COKE. IT'S TAKING ALL THE CONTAMINANTS AND BREAKS IT DOWN. WE UNDERSTAND THERE'S A MARKET FOR THAT PRODUCT ITSELF. HAVE WE CONSIDERED THAT AS PART OF -- I THOUGHT IT WAS A NO-TRAINER. >> COUNCILOR GROUT, THAT IS NEWER TECHNOLOGY. CURRENTLY, OUR JOB IS GET IT TO THE PROCESSOR AND THEY TAKE IT TO MARKET. WHICHEVER COMPANY WE CHOOSE WE CAN SEE. BECAUSE WE TAKE IT TO THEM AND THEY SEND TO THE MARKET. IT COULD BE SOMETHING ADDED INTO A CONTRACT OR AMENDED DOWN THE ROAD. WE HAVE TO TALK TO THEM AND SEE. >>COUN. GROUT: WHAT WAS REALLY COOL ABOUT THAT IS FIRST OF ALL YOU TALK ABOUT OPTIONS FOR RECYCLING. THIS IS A FABULOUS OPTION. AND IT WOULD ALSO -- WE WOULD SAVE QUITE A BIT OF MONEY OVER SOME TIME AND IT WOULD ADD UP ON GAS THAT WE COULD PUT GAS INTO OUR FLEET THAT WE HAVE HERE. IT'S REALLY SOMETHING TO CONSIDER, BIG TIME. >>COUN. LEWIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. FIRST, I WOULD SAY IF WE'RE GOING TO BE LOOKING FOR INNOVATIVE RECYCLING TECHNIQUES, I THINK THERE ARE RECYCLING TECHNIQUES THAT DO NOT INCLUDE CARBON-BASED FUEL. I HOPE WE WOULD BE LOOKING AT THAT. I DID WANT TO CLARIFY THE PROBLEM I HAD WITH THIS PROPOSAL WHEN WE HEARD IT WAS NOT AROUND THE PROCESS OF USING AN APPLICANT. I THINK THAT WAS HANDLED CORRECTLY. I HAVE HAD SEVERAL CONVERSATIONS, BUT I WANT TO CLARIFY THAT THE CONVERSATION WE HAD AT COMMITTEE WAS ME ASKING COULD THIS NEW FACILITY HANDLE CURBSIDE GLASS. AND THE ANSWER I GOT WAS NO. I THINK WE SINCE LEARNED THAT WE'RE TALKING AROUND EACH OTHER. THANK YOU FOR REACHING OUT AND SO THE ANSWER IS THEY COULD HANDLE THE GLASS THAT WOULD BE CURBSIDE PICKED UP. AND IT'S REALLY UP TO THE CITY TO FIGURE OUT HOW TO PICK UP THAT CURBSIDE GLASS. AND THERE IS SOME THOUGHT GOING INTO THAT PROCESS. COULD YOU TELL US WHAT THAT THOUGHT IS AND A TIMELINE FOR THAT PILOT? >> CAN YOU KNOWS ? >> SOME OF THE NEW TECHNOLOGY DOES ALLOW IT TO BE IN A SINGLE STREAM. IT WOULD BE BASED ON WHAT TECHNOLOGY IN THE NEW FACILITY, WHICHEVER COMPANY WE GO WITH. THAT CAN HAPPEN AND WILL FILL THE EXISTING. BUT WE STILL PICK IT UP. I THINK GLASS IS SOMETHING WE'VE ALWAYS DESIRED TO DO. THAT'S WHY WE HAVE IT AT THE RECYCLE SITE. IT'S NOT ALWAYS CONVENIENT. WE COULD HAVE PROGRAMS ON A SUBSCRIPTION BASIS OR SOMETHING OF THAT NATURE WHERE WE HAVE IT PICKED UP ON CERTAIN AREAS ON CERTAIN DAYS AS OPPOSES TO RUNNING A CERTAIN SET OF TRUCKS FOR GLASS. IF IT COULD ALL BE IN ONE CONTAINER, TO US, THAT'S THE BEST OPTION. >>COUN. FIEBELKORN: I WILL REMIND YOU THAT THE GLASS DROPOFF CENTERS AROUND TOWN ARE WONDERFUL AND IF WE HAD ONE IN DISTRICT SEVEN, THAT WOULD BE BETTER THAN THE FACT THAT WE DON'T HAVE ONE IN DISTRICT SEVEN. AND MY RESIDENTS HAVE TO DRIVE A LONG WAY WITH GLASS IN THEIR CAR. I APPRECIATE THE ANSWER. >> COUNCIL PRESIDENT, COUNCILORS, JUST A QUICK QUESTION. IN THE ZONE DISTRICT YOU SEE ON THE MAP. IT'S NON-RESIDENTIAL SPECIAL USE. I WAS CORRECTED THAT SPECIAL USE ASPECT OF THE DISTRICT MEANS IF THERE'S AN EXISTING NRSU IT'S NOT OUTRIGHT PERMISSIVE TO DO A NEW USE. YOU HAVE TO GO THROUGH A NEW APPLICATION TO GET THE NEW USE ADDED TO THE ZONE DISTRICT. IF DOUBLE EAGLE IS ZONED SPECIFIC USE FOR AIRPORT OR WHATEVER IS BEING DONE, IF WE'RE TO PUT A RECYCLING FACILITY THERE YOU HAVE TO GO THROUGH A ZONE CHANGE TO ADD THAT USE. >>COUN. LEWIS: THANKS. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I REALIZE THIS IS A LITTLE BIT PROBABLY PREMATURE, BUT I THINK IT'S IMPORTANT NO MATTER WHO WE GET IN THE RFP AND WHO GETS SELECTED OR HOW THIS GETS DECIDED, I DO CARE ABOUT THE FACT THAT WE HAVE ONE PARTICULAR GROUP, ORGANIZATION, COMPANY THAT HAS A HUGE GLOBAL SPAN. IF THAT PERSON IN THE COMPANY GETS THE AWARD, ARE WE GOING TO EXPECT THE EXPENSES FOR OUR TRUCKS TO START TO LOWER. I DON'T KNOW IF THAT'S GOING TO GO THROUGH PART OF THE NEGOTIATION PROCESS. I WOULD SURE HOPE THAT BECAUSE OF THAT POTENTIAL FOR THE MASSIVE SCALE FROM ONE OF THE COMPANIES THAT WE WOULD BE ABLE TO SEE SOME OF OUR EXPENSES AND KIND OF TO WHAT COUNCILOR PEÑA WAS SAYING EARLIER, DECREASE, BY GIVING THAT AWARD. >> COUNCIL PRESIDENT, COUNCILOR BASSAN, AS COUNCILOR PEÑA WAS SAYING, JUST BY REDUING CONTAMINATION IT REDUCES THE AMOUNT OF FUEL WE HAVE TO USE. COUNCILOR PEÑA IS CORRECT, WE DON'T HAVE TO SEND A TRUCK TO GET CONTAMINANTS TO TAKE A LANDFILL THAT WE ALREADY SENT TO PICK UP AT THE CURB. THAT'S ONE AREA WE KNOW AS THAT GOES DOWN COST WILL GO DOWN. >>COUN. BASSAN: MR. PRESIDENT, MR. COX, DO YOU RECALL DURING THE BUDGET BRIEFING REGARDING THE GLOBAL SCALE AND HOW THEY CAN BENEFIT AND MINIMIZE SOME OF THE EXPENSES THAT SOLID WASTE WOULD HAVE? CAN YOU RESTATE IT FOR ME SO I'M MORE CLEAR? >> COUNCIL PRESIDENT, COUNCILOR BASSAN YES. WE RECEIVED IN THE BUDGET QUESTIONS THAT STATE WE HAVE NOT MADE ANY REVENUE FOR OBVIOUS REASONS. WE HAVE PRIVATIZED REVENUE AROUND RECYCLING. IT HAS INCURRED EXPENSES BETWEEN $3 MILLION DEPENDING ON THE LAST FOUR YEARS YOU PULL FROM. SO THE HOPE IS THAT IF WE DO HAVE A LARGE ENOUGH COMPANY THAT HAS A FLEET AND A GLOBAL MARKET THEY MAY BE ABLE TO TAKE ON COSTS AND ALLEVIATE THE EXPENSE THAT COMES TO THE CITY THROUGH THAT SYSTEM. >>COUN. BASSAN: THANK YOU. >>COUN. LEWIS: COUNCILOR ROGERS AND COUNCILOR PEÑA. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. CAN YOU EXPLAIN -- READING THROUGH THE RFP ABOUT THE COMMODITIES. VALUE OF COMMODITIES AND HOW THAT WORKS WITH OUR NEW RFP? JUST PROCESSING AND LOOKING AT YOUR RFP. >> COUNCIL PRESIDENT, COUNCILOR ROGERS, JUST THE COMIIES WE PRODUCE. ALUMINUM CANS IS HIGHER, METAL IS HIGHER. FORTUNATELY, WE DO PLASTIC THAT DOESN'T MAKE A LOT OF MONEY RIGHT NOW. IT DEPENDS ON WHAT THE MARKET IS. CARDBOARD AS WELL. MIXED PAPER. THEY HAVE DIFFERENT VALUES ON WHAT THEY'RE SHIPPED TO. JUST LIKE ANYTHING ELSE IN THE MARKET, PRICES CAN GO UP AND DOWN. >>COUN. ROGERS: AND OUR PROCESSES IS SUBTRACTED FROM THAT COMMODITY? >> COUNCIL PRESIDENT, COUNCILOR ROGERS, TYPICALLY WHAT WE HAD IN THE PAST PRIOR TO 2018 WAS THERE WAS SOME REVENUE SHARE SO IF THEY MADE MONEY IT WAS OFFSETTING SOME OF THE COST. I APOLOGIZE. I'M GETTING OVER A COLD. WE LOOK TO DO SOMETHING SIMILAR TO ANY CONTRACT WE DO WITH ANY COMPANY BECAUSE WE WANT TO MAKE SURE WE CAN TRY TO REDUCE COST AND PROTECT THE CITY. AND IF POSSIBLE, TURN A PROFIT. HOWEVER WHEN IT COMES TO RECYCLING IT'S ABOUT SUSTAINABILITY NOT PROFITABILITY. WE'D BE HAPPY TO BREAK EVEN LIKE WE DID IN 2016. >>COUN. ROGERS: THE REVENUE SHARE -- IS THAT IN NEGOTIATIONS? >> THAT WILL BE DONE DURING NEGOTIATION. >>COUN. ROGERS: AND THAT CONTRACT COMES BACK TO COUNCIL TO APPROVE AND WE'LL BE ABLE TO SEE THAT? OR THAT DOES NOT COME BACK? >> COUNCIL PRESIDENT, COUNCILOR ROGERS, I MAY HAVE MISQUOTED, BY SAYING IT WILL COME TO COUNCIL. >>COUN. ROGERS: IN THE -- >> COUNCILORS, IN THE PURCHASING ORD INDEPENDENCE IF THE RECOMMENDATION OF AWARD GOES TO COUNCIL WHEN THE CONTRACT RESULTING DOES NOT HAVE TO GO BACK. >>COUN. ROGERS: SO WE WOULDN'T NECESSARILY KNOW WHAT YOU NEGOTIATED FOR OUR REVENUE SHARE? OKAY. THANK YOU. >>COUN. LEWIS: HAVE YOU BEGUN NEGOTIATIONS? OKAY. COUNCILOR PEÑA. >>COUN. PEÑA: MR. PRESIDENT, IN THE RFP DID IT HAVE AN AREA WHERE YOU -- A LINE ITEM THAT SAYS THEY CAN DO A RATE INCREASE? >> COUNCIL PRESIDENT, COUNCILOR PEÑA, YES, THERE WAS A PLACE THAT SAYS THAT. BUT THAT DOESN'T MEAN WE HAVE TO DO IT. IT ALLOWS FOR IT. AS PART OF WHEN WE GO FORWARD WITH NEGOTIATIONS. >>COUN. PEÑA: CORRECT. SO THAT JUST GOES BACK TO MY WHOLE CONCERN. THAT GOES BACK TO MY CONCERN. EVEN WITH THE REVENUE SHARING, AS YOU KNOW, THE MAGIC IS IN THE CONTAMINATION RATE. AND OBVIOUSLY, THERE WAS TIMES WHERE I ACTUALLY DID MY RESEARCH AND YOU KNOW I WENT TO YOU AND SAID THE MARKET SAYING THAT IT'S THIS VALUE AND THE VALUE THAT WE WERE GETTING FOR OUR RECYCLING WASN'T THE SAME VALUE. I JUST REALLY, AGAIN, GET SO CONCERNED THAT WE HAVE TO MAKE SURE THAT WE HAVE THE RIGHT PEOPLE NEGOTIATING THIS CONTRACT. AND I KNOW THAT WE HAVE A LOT OF EXPERTISE WITHIN THE CITY OF ALBUQUERQUE. I HOPE YOU HIRE SOMEONE TO SUPPORT OUR CITY STAFF TO BE ABLE TO NEGOTIATE THIS CONTRACT. >>COUN. LEWIS: ALL RIGHT. WE'RE IN DISCUSSION ON EC-70. WHO IS NEXT? ANY OTHER DISCUSSION? THANK YOU, ALL. WE'LL CLOSE DISCUSSION. GO TO A VOTE. EC-70. MOVED AND SECOND. THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. OPPOSED NO. MOTION PASSES ON AN 8-1. ALL RIGHT. WE'RE JUST GETTING STARTED. FINAL ACTIONS. ITEM A. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS -- I'M SORRY. O-5. COMMITTEE SUBSTITUTE AMENDING 11-3 HUMAN RIGHTS ORDINANCE. I MOVE A DO PASS. >>COUN. LEWIS: MOTION AND SECOND FOR DO PASS. SECONDED BY COUNCILOR ROGERS. ANYONE SIGNED UP TO SPEAK? >> THANK YOU, MR. PRESIDENT. FIRST SPEAKER IS ANAMI FOLLOWED BY JANICE. >> I'M SPEAKING ON BEHALF OF THE BOARD. THESE RECOMMENDATIONS ARE IN ALIGNMENT WITH THE ONES PASSED IN RESOLUTION 23-1. THE BOARD FULLY SUPPORTS THE AMENDMENTS. AND ENCOURAGES Y'ALL TO PASS THEM. ON A PERSONAL NOTE, I'VE BEEN WORKING ON TRYING TO PITCH THIS IDEA TO PEOPLE WHO MIGHT NOT BE AS INVESTED AS OTHERS. THE OCR HANDLES DISCRIMINATION COMPLAINTS. WAY FASTER THAN ANY OTHER AGENCY DOES. THE EEOC IS A SIX-MONTH WAITING PERIOD. OURS IS NO MORE THAN TEN DAYS. THAT'S WITH FIRST CONTACT. IN THE SIX MONTHS IT WOULD TAKE A STATE OR FEDERAL AGENCY TO HANDLE ANY OF THESE DISCRIMINATION CASE -- I GOT TOTALLY LOST. IN THOSE SIX MONTHS, OCR WOULD BE DONE FOR AT LEAST -- IN LESS THAN HALF OF THAT TIME. THIS IMPROVES THINGS FOR BUSINESSES DEALING WITH CHARGES OF DISCRIMINATION. THIS IMPROVES THINGS FOR PEOPLE THAT HAVE BEEN DISCAMEINATED AGAINST TRYING TO GET JUSTICE HANDLED. IN AN APPROPRIATE FASHION. I'M GOING TO STOP TALKING THERE I'M ALREADY GETTING LOST. THANK YOU. >> JANICE FOLLOWED BY TAD. >> GREETINGS TO YOU AGAIN. THIS TIME I'M SPEAKING AS A RESIDENT OF DISTRICT TWO. TO COUNCILOR FIEBELKORN, ROGERS, AND BACA, THANK YOU FOR YOUR LEADERSHIP IN MOVING TO AMEND THE HUMAN RIGHTS ORDINANCE FOR THE CITY TO INCLUDE AN UPDATED DEFINITION FOR DISABILITY. AS WELL AS PROTECTIONS FOR CLASSES OF PEOPLE FROM DISCRIMINATION DUE TO SEX ASSIGNED AT BIRTH, PREGNANCY OR CHILD BIRTH AS WELL AS RELATED CONDITIONS, SEXUAL ORIENTATION AND GENDER AND GENDER IDENTITY. THESE IMPORTANT CHANGES STRENGTHEN THE ORDINANCE AND I HOPE O-24-5 RECEIVES UNANIMOUS VOTE OF SUPPORT. >> TAD. >> WOULD YOU GIVE ME OVERHEAD? EXCUSE ME. OKAY. YES, I MET, ABOUT TWO WEEKS AGO, MRS. MARTINEZ, DIRECTOR, AND HER ASSISTANT. AND YES, HERE IS MY ISSUE. I HAVE NO ISSUE WITH THEM. I APPRECIATE WHAT THEY DONE. BUT I HAVE ISSUE USES RACES, SEGREGATION. BY IMMIGRATION LAWYER. PEOPLE RIGHT HERE SAYS -- ALL DIFFERENT GROUNDS. THAT'S NEW MEXICO IMMIGRANT LAW. SOME LAWYERS ON THE MOUNTAIN ROAD. THIS IS RACIST EXIST? BY THE IMMIGRANT LAWYERS. THEY DIDN'T SAY DIRECTLY LAWYERS, BUT ANOTHER OFFICE. THAT'S WHAT THEY TOLD ME. THEY GET MILLIONS OF DOLLARS FROM THE CITY. YES, CITY CAN -- HAS RIGHTS LOOKING INTO THIS ISSUE. SEGREGATION. WELL, I'M SORRY. I'M NOT HISPANIC. I'M SICK AND TIRED OF THAT. IF I HAVE TO, I WILL DO -- HERE. >> THAT CONCLUDES PUBLIC COMMENT. >>COUN. LEWIS: OKAY. WE'LL GO BACK TO THE SPONSORS IF YOU WANT TO START DISCUSSION. COUNCILOR ROGERS. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS REALLY AN UPDATE OF OUR HUMAN RIGHTS ORDINANCE THAT WILL MATCH US TO THE STATE. THE STATE A COUPLE YEARS AGO UPDATED THE STATE-WIDE HUMAN RIGHTS ORDINANCE. WHAT THIS DOES IS BRING UP UP TO THE LEVEL OF THE STATE. WE'RE REQUIRED TO FOLLOW THE STATE LAW ANYWAY. I LIKE WE'RE AFFIRMING THAT WE BELIEVE IN BASIC HUMAN RIGHTS AND GIVES US LOCAL AUTHORITY TO ENFORCE THE PROVISIONS. WHILE I WOULD LIKE THE CITY TO BE ON THE FOREFRONT AND THE FIRST ONE TO DO THIS, I THINK NOW REALLY JUST A POINT OF CATCHING UP WITH THE STATE AND MAKING SURE WE HAVE LOCAL ENFORCEMENT OPPORTUNITIES. WITH THAT, I URGE YOUR SUPPORT. ANSWER ANY QUESTIONS ANYBODY HAS. >>COUN. LEWIS: WHAT IS THE LIKELIHOOD OF PRACTICALITY OF LOCAL ENFORCEMENT? COULDN'T WE ENFORCE STATE LAW? >> MR. PRESIDENT, COUNCILORS, MY UNDERSTANDING BASED OFF OF OUR ORDINANCE IS THAT THE HUMAN RIGHTS BOARD IS TASKS WITH THE HUMAN RIGHTS ORDINANCE NOT THE STATE EQUIVALENT. THIS AMENDMENT, I BELIEVE, WOULD ALLOW US TO MIRROR WHAT THE STATE IS OFFERING IN TERMS OF PROTECTION BUT THE CITY LEVEL. >>COUN. LEWIS: COUNCILORS, DISCUSSION? QUESTIONS? COUNCILOR CHAMPINE. I'LL GO TO COUNCILOR BACA FIRST. >>COUN. BACA: I WOULD JUST REITERATE. JUST LIKE SEVERAL OTHER ORDINANCES WE GO THROUGH. WE JUST NEED TO BE AT THE STATE LEVEL. I BELIEVE THE PROVISIONS. I URGE YOUR SUPPORT. >>COUN. LEWIS: COUNCILOR CHAMPINE. >>COUN. CHAMPINE: YES, GOING ALONGSIDE WITH THEM. MIRRORING WITH WHAT THE STATE HAS SO IT'S ENFORCEABLE. WITH THAT BEING SAID, I WANT TO PRESENT AMENDMENT ONE TO THIS. I BELIEVE WE CAN HAND THEM OUT. BASICALLY, AFTER GOING THROUGH THIS AND NOT THAT I DON'T AGREE WITH WHAT THE STATE PASSED IN THE PROTECTIONS OF CLASSIFIED PEOPLE, THIS IS TO AMEND AND STRIKE THE WORDS SEX ASSIGNED AT BIRTH. THAT IS NOT IN THE STATE STATUTE. AND READING THE ANALYSIS OF IT SAID IT WANTED TO MIRROR WITH WHAT THE STATE IS. IT'S NOT MIRRORING, IT'S ADDING TO MORE THAN WHAT THE STATE IS. IF WE'RE TRULY MIRRORING WHAT THE STATE HAS TO SAY, THIS SEX ASSIGNED AT BIRTH IS NOT IN THE STATE LAW. THE REASON BEHIND IT IS THAT THE PROTEST IS TO BRING THE HUMAN RIGHTS ORDINANCE IN LINE WITH THE STATE AS WE TALKED ABOUT BACK IN 23 LEGISLATIVE SESSION. THIS IS NOT IN THAT STATE LAW. IT DOESN'T MAKE ANY SENSE TO MAKE THIS ORDINANCE EVEN LONGER THAN IT NEEDS TO BE FURTHER THAN WHAT THE STATE LEGISLATIVE ALREADY HAS. IT'S ALREADY COVERED. I DON'T BELIEVE THE ADDITIONAL DEFINITION IS NECESSARY TO ACCOMPLISH THE GOAL OF PROTECTING THE PEOPLE BASED ON GENDER OR GENDER IDENTITY. I MOVE AMENDMENT ONE. >>COUN. LEWIS: AMENDMENT ONE. SECOND? WE HAVE A SECOND BY COUNCILOR BASSAN. COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I AMMING WANT TO POINT OUT . >>COUN. ROGERS: I JUST WANT TO POINT OUT SEX ASSIGNED AT LAW IS IN THE FEDERAL LAW AND REQUIREMENT OF ENTITIES TO ASK THAT QUESTION AT HOSPITALS. I WAS TASKED FOR PUTTING THAT IN THE HOSPITAL. IT IS IN THE FEDERAL LAW. OF HOW WE ARE TO ASK RESPECTFULLY SOMEONE'S GENDER IDENTITY. OR SPECIFICALLY TO SEX ASSIGNED AT BIRTH. >>COUN. LEWIS: COUNCILOR CHAMPINE. COUNCILOR ROGERS, I COMPLETELY UNDERSTAND. THE AMENDMENT DOESN'T HAVE TO DO WITH I DON'T AGREE WITH THE LAW OR BRINGING UP THE CITY ORDINANCE TO MIRROR. BUT THAT'S WHAT IT SAYS. IT IS STATING THAT IT'S MIRRORING WHAT THE STATE SAYS. BUT IT'S NOT MIRRORING. IT'S MIRRORING AND ADDING OTHER STUFF. IF YOU'RE GOING TO MIRROR IT, MIRROR IT. IF NOT, DON'T PUT THOSE WORDS IN. >>COUN. LEWIS: AMENDMENT ONE HAS BEEN MOVED AND SECONDED. ANY DISCUSSION ON THE AMENDMENT? WE'LL GO TO A VOTE. THOSE IN FAVOR OF AMENDMENT ONE. SAY YES. THOSE OPPOSED, NO. THAT MOTION PASSES ON A 5-4. LET'S SEE IT AGAIN. IF YOU DON'T RAISE YOUR HAND CLEAR I'LL CALL ROLL CALL. THOSE IN FAVOR RAISE YOUR HAND. THOSE OPPOSED, NO. MOTION PASSES ON 5-4. WE'RE BACK ON THE BILL. ANY OTHER DISCUSSION ON THE BILL? DID THE ADMINISTRATION HAVE A COMMENT? >> I JUST WANTED TO CLARIFY THAT THE AMENDMENT -- I'M SORRY I WAS TRYING TO GET CLARIFICATION. THE AMENDMENT SPECIFICALLY STRIKES THE LANGUAGE SEX ASSIGNED AT BIRTH BASED UPON THE DISCUSSION ABOUT WHAT IS WITHIN THE NEW MEXICO HUMAN RIGHTS ACT. MY UNDERSTANDING FROM STAFF, THE -- IT IS NOT DEFINED IN THE NEW MEXICO HUMAN RIGHTS ACT BUT THE LANGUAGE IS USED. THE TERM SEX ASSIGNED AT BIRTH IS WITHIN THAT. THE DEFINITION IS THE DIFFERENCE BETWEEN -- WE WENT AHEAD AND DEFINED IT IN THIS VERSION. THE STATE USES THE TERM BUT DOES NOT DEFINE IT. >> MR. PRESIDENT, I DON'T HAVE ANYTHING BEYOND WHAT DR. SENGEL SAID. I WILL REITERATE THAT IT IS WITHIN THE STATE'S HUMAN RIGHTS ACT BUT NOT DEFINED FOR ENFORCEMENT PURPOSES WE THOUGHT IT SHOULD BE DEFINED IN THE LOCAL ORDINANCE. >>COUN. LEWIS: THE BILL IS AMENDED. BACK TO THE BILL. ANY OTHER DISCUSSION? COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. JUST A POINT OF CLARIFICATION SINCE I'M NEW. NOW THAT WE HAVE THIS INFORMATION, THAT IT IS IN THE STATE LAW, HOW DO WE -- CAN WEREVISIT THAT VOTE? >>COUN. LEWIS: THE COUNCILOR IN FAVOR WOULD HAVE TO CALL FOR REVOTE. COUNCILORS, ANY OTHER DISCUSSION? BACK TO THE SPONSORS TO CLOSE. >>COUN. BASSAN: MR. PRESIDENT, CAN YOU CLARIFY, I DON'T WANT TO DO ANYTHING THAT IS GOING AGAINST THE GRAIN WITH THE STATE. I DON'T WANT TO DO ANYTHING EXTRA THAT ADDS INTO THIS WHEN WE SAY WE'RE NOT -- WE'RE TRYING TO DUPLICATE AND MAKE SURE TO STREAMLINE AND GET EVERYTHING ON BOARD. DOES THIS AMENDMENT NOW SCREW EVERYTHING UP? OR IS IT ACTUALLY GOING TO BE RELEVANT AND STILL ACCEPT SNBL >> MR. PRESIDENT, COUNCILOR BASSAN, I'M LOOKING AT THE STATE ACT RIGHT NOW. AND SEX ASSIGNED AT BIRTH IS INCLUDED IN THE DEFINITION OF GENDER IDENTITY. THAT'S THE ONLY PLACE THAT SEX ASSIGNED AT BIRTH APPEARS IN THE STATE ACT. >>COUN. BASSAN: THANK YOU. >>COUN. LEWIS: ANY OTHER DISCUSSION? WE'LL GO TO A VOTE. COUNCILOR BACA, DID YOU HAVE SOMETHING? >>COUN. BACA: THANK YOU, MR. PRESIDENT. IF THE AMENDMENT WAS STRICTLY TO MIRROR THE STATE AND NOW WE FIND IT IN THE STATE, I ASK THAT THE PERSON WHO REQUESTED IT OR COUNCILOR REQUESTED IT, RESCIND IT. >> MR. PRESIDENT, THE SEX ASSIGNED AT BIRTH LANGUAGE IS STILL IN OUR DEFINITION OF GENDER IDENTITY EVEN AFTER THIS AMENDMENT HAS PASSED. WE STILL HAVE THAT LANGUAGE AND NEED THE DEFINITION OF GENDER IDENTITY IN THE ORDINANCE. >>COUN. LEWIS: ANY OTHER WISHES OF THE COUNCIL? COUNCILOR CHAMPINE. >>COUN. LEWIS: OKAY. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I JUST WANT TO POINT OUT, I KNOW WE'RE NOT GOING TO REVISIT THIS. I KNOW WE'RE SAYING TO THE PEOPLE OF NEW MEXICO AND THE PEOPLE OF OUR STATE THAT ALBUQUERQUE DOESN'T BELIEVE THAT SEX ASSIGNED AT BIRTH SHOULD BE INCLUDED IN THE HUMAN RIGHTS ORDINANCE. I DO WANT TO SAY THERE WERE QUITE A FEW WORDS IN THE STATE LEGISLATION THAT WERE NOT DEFINED IN THE STATE LEGISLATION AND WE DEFINED THEM HERE. I BELIEVE INCLUDING PREGNANCY. I DID NOT HEAR ANYBODY CONCERNED ABOUT THAT DEFINITION BEING INCLUDED. I THINK THAT DOES A LOT. GIVEN IT'S STILL INCLUDED IN THE DEFINITION, I WILL STILL URGE YOUR SUPPORT FOR BASIC HUMAN RIGHT FOR ALMOST EVERYBODY. >>COUN. LEWIS: DISCUSSION IS CLOSED. WE'LL GO A TO A VOTE. THIS IS O-24-5 AS AMENDED. THOSE IN FAVOR SAY YES. OPPOSED NO. WE'RE GOING TO HAVE TO DO THAT AGAIN. THOSE IN FAVOR SAY YES, RAISE YOUR HAND. OKAY, THAT PASSES. ITEM B. THIS IS O-15. COUNCILOR BASSAN. >>COUN. BASSAN: O-15 IS COMMITTEE SUBSTITUTE REPEALING CHAPTER -- ROA FOOD AND BEVERAGES ORDINANCE AND CREATING THE FOOD SERVICE AND RETAIL ORDINANCE. I MOVE A DO PASS. MR. PRESIDENT, I WOULD LIKE TO MOVE THE FLOOR SUBSTITUTE IN YOUR iPAD. >>COUN. LEWIS: BILL IS MOVED AND SECONDED. THE FLOOR IS A SUBSTITUTE MAKING A MOTION TO MOVE THE FLOOR SUBSTITUTE. >>COUN. BASSAN: YES, SIR. >>COUN. LEWIS: THERE'S A SECOND BY COUNCILOR FIEBELKORN. WE NEED THE COPY OF THE FLOOR AMENDMENT? OKAY. WE'RE ON THE FIRST FLOOR AMENDMENT. >>COUN. BASSAN: FLOOR SUBSTITUTE. >>COUN. LEWIS: OKAY. BACK TO THE SPONSORS. >>COUN. BASSAN: MR. PRESIDENT, I'M GOING TO DO MY BEST TO DO A SUMMARY. I WOULD LIKE TO INVITE DR.DIMENA AND ANY STAFF HE HAS. I BELIEVE HE HAS MS. PETERSON. THIS IS BY REQUEST FROM THE ADMINISTRATION. I TRY REALLY HARD THAT WHEN IT'S BY REQUEST TO NOT JUST LET ADMIN RUN WITH IT. I ALSO WANT TO WORK WITH THEM ON GETTING THEM -- WHAT THEIR MAIN GOAL IS, BUT ALSO FIND A WAY TO WORK WITH THE COMMUNITY. I REALLY DO BELIEVE WE'RE ABLE TO DO THAT WITH THIS ORDINANCE. THE FLOOR SUBSTITUTE HAS BEEN A COLLABORATION. I BELIEVE A PRETTY STRONG ONE WITH THE COMMUNITY. I'M GOING TO SUMMARIZE THE ACTUAL BILL ITSELF. THE ORIGINAL BILL. SUMMARIZE IT AND I'LL TALK ABOUT WHAT THE FLOOR SUBSTITUTE DOES. IF THERE'S ANY SPECIFIC QUESTIONS I ASK DR.DIMENA TO RESPOND TO THEM BECAUSE HE PROBABLY CAN SAY THE ANSWER BETTER THAN I. THE BILL ITSELF IS GOING TO BE IN ORDER TO MOVE US INTO A CONSISTENCY WITH BOTH THE LOCAL FOOD ORDINANCES AND THE NEW MEXICO ADMINISTRATIVE CODE WHILE COMPLYING WITH STATE AND NATIONAL STANDARDS AND CONSOLIDATING REGULATIONS AND ELIMINATING INCONSISTENCY IN THE EXISTING CODES. IT CLARIFIES WHAT PERMIT TYPES ARE NEEDED FOR DIFFERENT SITUATIONS AND ALIGNS INSPECTION FREQUENCY WITH THE RELATIVE RISK. IT'S FOLLOWING -- THE FOLLOWING IMPROVEMENTS ARE ANTICIPATED WITH THIS. THE ADOPTION OF THE CURRENT FDA CODE AND RISK BASED FREQUENCY INENSURE EQUITABLE COMPLIANCE AND ENFORCEMENT FOR ALL BUSINESSES. SIMPLIFICATION OF FEE STRUCTURE AND REFINEMENT OF INSPECTION GRADING. FOR YOUR PLEASURE I'M SKIPPING A WHOLE BUNCH OF THIS. THIS INCLUDES APPENDIX A WHICH IS A DRAFT PROPOSAL ADMINISTRATIVE RULES DOCUMENT. THIS IS SOMETHING THAT WILL HAVE WORK DONE TO IT. IT'S NOT FINALIZED. IT'S HERE FOR EVERYONE'S REVIEW AND TRANSPARENCY. APPENDIX B IS THE PROPOSAL 2024 COMPILED FEE ANALYSIS. THIS ANALYSIS IS BASED OFF OF THE RECOMMENDATION OF A 2022 AUDIT FROM INTERNAL AUDIT THAT EVALUATED THE FEE STRUCTURES WE HAD WITHIN THIS DEPARTMENT FOR THIS PURPOSE. AND THE ANALYSIS IS HERE AGAIN TO PROVIDE REASONS TO WHY THE FEES ARE CHANGING SO IT'S NOT JUST BECAUSE THEY WANT TO OR INCREASE THE GENERAL FUND. BUT THIS IS BASED OFF THE AUDIT AND REASONINGS BEHIND THAT. MOVING TO THE -- THE FLOOR SUBSTITUTE, MOVING TO THAT, BUT IT'S IMPORTANT TO SAY ORIGINALLY THE FEE STRUCTURE WAS KEPT SEPARATE FROM THE ORDINANCE. FLOOR SUBSTITUTE IS BRINGING THAT BACK IN SO THAT COUNCIL HAS OVERSIGHT OF THAT AS WE ARE THE BUDGETARY BODY. WE'RE BRINGING THAT BACK IN UNDER UMBRELLA TO ALLEVIATE SOME OF THE ORIGINAL CONCERNS THAT HAPPENED DURING COMMITTEE AND DISCUSSIONS THAT WE HAD. WE REALLY DID RECEIVE SOME COMMUNITY FEEDBACK. I BELIEVE WORKING WITH ONE ORGANIZATION IN PARTICULAR I CAN SAY FROM EVERYTHING THAT I REMEMBER HEARING AND WORKING WITH THEM THAT WE ENDED UP REALLY INCORPORATING SIGNIFICANT SUGGESTIONS AND CHANGES REQUESTED. NOT ALL OF THEM, BUT MANY OF THEM. I FEEL PRETTY STRONG ABOUT THAT, BUT I ALSO KNOW THE DEPARTMENT SENT OUT MORE THAN A COUPLE OPPORTUNITIES FOR OTHER STAKEHOLDER INVOLVEMENT AND FEEDBACK. IF IT'S CORRECT AS OF LAST WEEK, THERE WASN'T A LOT OF RETURN CORRESPONDENCE TO THE DEPARTMENT REGARDING THOSE CONCERNS AND INFORMATION. I'M HAPPY TO DISCUSS AND DR. DIMENA AND HIS TEAM ARE THE REAL MINDS BEHIND THIS. THEY REALLY WORKED HARD TO FIND BALANCE AND STRUCTURE AND MAKE SURE WE'RE CONSISTENT WITH FOOD CODES AND UPDATES. WITH THAT, I INVITE QUESTIONS AND COMMENTS UNLESS WE JUST WANT TO VOTE -- WELL, THERE'S AN AMENDMENT TO THE FLOOR SUB. I GUESS WE WOULD PROBABLY NEED TO DO THE VOTING ON THE AMENDMENT AND THEN THE DISCUSS THE FLOOR SUB. >>COUN. LEWIS: DISCUSSION ON THE MOTION TO SUBSTITUTE HAS BEEN MOVED AND SECONDED. DISCUSSION ON THE SUBSTITUTE BEFORE WE SUBSTITUTE IT. WE'LL GO TO THE SUBSTITUTE. ALL THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. OPPOSED NO. MOTION PASSES UNANIMOUSLY. WE'RE ON THE BILL AS SUBSTITUTED. AND THERE ARE SOME AMENDMENTS. LET'S GO TO THE SPEAKERS. >> THANK YOU, MR. PRESIDENT. OUR SPEAKER IS CAROL. >> I'VE BEEN WAITING ALL NIGHT FOR THIS OPPORTUNITY. MR. PRESIDENT, MEMBERS OF THE CITY COUNCIL, I AM THE CEO OF THE NEW MEXICO RESTAURANT ASSOCIATION. I WANT TO THANK COUNCILOR BASSAN FOR SPONSORING THIS MODEL FOOD CODE ORDINANCE AND DR. DIMENA OF THE ALBUQUERQUE ENVIRONMENTAL HEALTH DEPARTMENT FOR HIS SUPPORT THROUGHOUT THE PROCESS. FOR MANY YEARS WE HAVE REQUESTED THAT THE CITY BRING THIS ORDINANCE UP TO THE LATEST FOOD CODE AND THAT'S WHAT THEY'RE DOING WITH THIS. AND THEY HAVE LISTENED TO OUR CONCERNS. WE ALSO SUPPORT COUNCILOR GROUT'S AMENDMENT, WHICH ADDRESSES THE KEY CONCERN IN OUR INDUSTRY WHICH IS DUPLICATE FEES FOR SIMILAR SERVICES. BY APPROVING THIS ORDINANCE, YOU WILL BE PASSING A $200 INCREASE ON RESTAURANT INSPECT FEES FROM $700 TO $900 ANNUALLY. AS IT STANDS RESTAURANTS PAY MORE THAN ONE FEE FOR AREAS OF THEIR RESTAURANT. THIS AMENDMENT WILL PREVENT A SINGLE RESTAURANT FROM BEING BURDENED WITH MULTIPLE INSPECTION FEES WHICH IS A SIGNIFICANT RELIEF FOR MEMBERS. WE'RE PLEASED TO CONVEY OUR FULL SUPPORT FOR THE ORDINANCE WITH THE AMENDMENT RECOGNIZING ITS POSITIVE IMPACT ON THE SAFETY AND QUALITY OF FOOD ESTABLISHMENTS IN ALBUQUERQUE. THE UPDATED REGULATIONS WILL PROVIDE THE LATEST AND MOST MODERN APPROACH TO MAINTAIN FOOD SAFETY. THANK YOU. >> THAT CONCLUDES PUBLIC COMMENT. >>COUN. LEWIS: COUNCILOR BASSAN, YOU WANT TO GO THROUGH AMENDMENTS AND DISCUSS THOSE? ACTUALLY, I BELIEVE THERE'S TWO AMENDMENTS. I THINK THEY COMPLIMENT EACH OTHER. AMENDMENT NUMBER ONE, READ THIS. THIS IS AMENDMENT NUMBER ONE, BEGINNING AT PAGE 14 LINE 18. >> COUNCIL PRESIDENT, BEFORE WE MOVE FORWARD SINCE WE ADOPTED THE FLOOR SUBSTITUTE THE COUNCIL WILL HAVE TO SUSPEND THE RULES. YOU NEED SIX RULES TO SUSPEND THE RULES TO BE ABLE TO HEAR THAT AND AMEND IT. >>COUN. BASSAN: I MAKE A MOTION TO SUSPEND THE RULES TO HEAR THE FLOOR SUBSTITUTE ON THE NIGHT IT WAS ADOPTED, MOTIONED. >>COUN. LEWIS: MOTION AND SECOND BY COUNCILOR GROUT. SUSPEND THE RULES TO HEAR THIS TONIGHT. ANY DISCUSSION? THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. OPPOSED NO. MOTION PASSES. AMENDMENT NUMBER ONE. BEGINNING OF PAGE FOUR LINE 18 AFTER THE WORD FEES ADD HOWEVER IN NO CIRCUMSTANCES MAY THE ENFORCEMENT AUTHORITY REQUIRE DUPLICATE FEES. SIMILAR SERVICES AT THE SAME BUSINESS. THIS IS ACTUALLY COUNCILOR GROUT'S AMENDMENT. I READ HERS. WE'LL DO THAT ONE. ALL RIGHT. WE'LL DO THAT FIRST. I READ IT, DO YOU WANT TO MOVE IT? >>COUN. GROUT: I'D LIKE TO MOVE FLOOR AMENDMENT NUMBER ONE. BEGINNING ON PAGE FOUR LINE 18, AFTER THE WORD THESE ADD HOWEVER IN NO CIRCUMSTANCES MAY THE ENFORCEMENT AUTHORITY REQUIRE DUPLICATIVE FEES FOR SUBSTANTIALLY SIMILAR SERVICES AT THE SAME BUSINESS. THE EXPLANATION OF THIS AMENDMENT PROPOSES TO CLARIFY THAT MULTIPLE FEES MAY NOT BE ASSESSED FOR THE SAME SERVICE OF THE SAME BUSINESS. >>COUN. LEWIS: I'LL SECOND. MOVED AND SECONDED. QUESTIONS, COUNCILOR BASSAN. >>COUN. BASSAN: I ASK DR.DIMNEA TO HAVE A CHAT WITH US ABOUT SOME OF THE REASONING BEHIND THIS. ONE OF THE GREATEST EXAMPLES THAT MADE THIS VERY CLEAR TO ME WAS WHEN I WAS TALKING WITH ENVIRONMENTAL HEALTH AND THEY GAVE ME THE EXAMPLE OF TOP GOLF. TOP GOLF HAS MULTIPLE STORIES, MULTIPLE BARS ON -- THERE'S A BAR ON EACH STORY AND YOU HAVE THE WHOLE FACILITY ITSELF. AT TOP GOLF YOU WOULD HAVE THE PRIMARY PERMIT ISSUED TO THAT FACILITY. THEN YOU NEED SECONDARY PERMITS PER LEVEL. AND CORRECT ME AT ANY POINT, DOCTOR, IF I'M OFFBASE. SECONDARY PERMITS FOR EACH OF THE INDIVIDUAL LEVELS. EXAMPLE GIVEN TO ME WAS IF A SINK IS DOWN AT ONE OF THE BARS ON ONE OF THE FLOORS, AND THERE WAS NOT THE SECONDARY PERMIT, THEN THE WHOLE FACILITY WILL HAVE TO GET SHUT DOWN UNTIL THAT GETS FIXED. IF YOU HAVE A PRIMARY PERMIT AND SECONDARY PERMIT FOR THE FLOORS, THEN THEY COULD JUST SHUT DOWN THAT ONE BAR ON THAT ONE FLOOR AND KEEP THE REST OF THE FACILITY GOING. SAME THING WITH THE GROCERY STORE. IF YOU HAVE A PRIMARY PERMIT AND THE DELI HAS A PROBLEM, THAT SECONDARY PERMIT CAN JUST SHUT DOWN THE DELI. BUT IF YOU ONLY HAVE THE PRIMARY PERMIT, THE WHOLE STORE HAS TO GET SHUT DOWN. I KNOW THAT SOME OF THE CONCERNS WE HEARD WERE THAT THIS IS NOT ALWAYS WHAT HAPPENS IN PRACTICE. BUT THIS IS WHERE YOU'RE GOING TO COME IN, DOCTOR, AND EXPLAIN WHY THIS IS NOT SOMETHING TO BE TOO ALARMED ABOUT, ASIDE FROM PEOPLE HAVING TO PAY, BUT ALSO I BELIEVE YOU HAVE FIXED THE PRIMARY PERMIT DUEPLICATIVE FEE. IF YOU HAVE PRIMARY PERMIT WITH TOTAL FEE, THE SECONDARY PERMITS ARE NOT GOING TO BE THE SAME PRICE AS PRIMARY PERMIT. IT'S A REDUCED RATE. PLEASE ERBILATE ON THAT. >> I'LL TRY TO GATHER THE PIECES THAT I CAUGHT OF THAT IN ORDER TO MAKE SENSE AND TELL ME IF I'M MISSING SOMETHING YOU WANT TO ADDRESS. THE GROCERY STORE IS THE MOST REALISTICALLY AND MOST RECENTLY SAID. MAYBE THE BAKERY HAS AN ISSUE WHERE THEY CANNOT CONTINUE TO OPERATE SAFELY, WE ALLOW THE REST OF THE STORE TO STAY OPEN. WE'VE SEEN CLOSING OF THE ENTIRE STORE OF INFESTATION ISSUES. THERE'S A VALUABLE THING FOR HAVING SEVERAL PERMITS. IF WE HAVE MULTIPLE PERMITS THEN WE CAN ACT INDIVIDUALLY ON THOSE PERMITS AT A FACILITY. THERE ARE OTHER INSTANCES WHERE WE WOULD JUST CLOSE THE BAR SECTION OF OF THE CHAINS LIKE A CHIN -- CHAIN RESTAURANTS. THE WAY THE FEE STRUCTURE YOU HAVE DOES PROVIDE FOR SECONDARY PERMIT FEES. IN OUR EVERYDAY THE INSPECTOR IS DOING AN ENTIRELY SEPARATE INSPECTION IN THAT AREA. WE HAVE CLARIFIED THE LANGUAGE THE WAY THE RULES ARE LAID OUT SO IT'S MORE CLEAR WHEN A SECONDARY PERMIT IS APPROPRIATE WE HAVE FOUND AREAS THAT THROUGH PAST HISTORY HAVE BEEN PERMITTED SECONDARY AND PROBABLY DIDN'T NEED TO BE. THEY REALLY AREN'T ABLE TO OPERATE AND PASS INSPECTION ON THEIR OWN. I EXPECT TO SEE LESS OF THOSE BUT THEY CERTAINLY WOULDN'T BE GOING AWAY. THERE'S AN ADJUSTMENT TO SHOWS FEES THAT'S MOVED UP AS WELL. THAT IS ALL BEFORE YOU, NOT SOMETHING WE HAVE ANY -- THERE'S NOTHING MECHANICAL TIED TO THAT. >>COUN. BASSAN: MR. PRESIDENT, I WILL FOLLOW YOUR LEAD, DOCTOR, BUT I IMAGINE BASED OFF OF OUR CONVERSATION I DO NOT SUPPORT THIS AMENDMENT FOR THE REASONS LAID OUT IN FRONT OF US JUST NOW. >>COUN. GROUT: THANK YOU. I ALSO UNDERSTAND BUSINESSES. THE FEE STRUCTURE IS HUGE. IT'S MASSIVE. WHAT IS THE SECONDARY PERMIT FEE COST? >> IT'S A RANGE. COUNCILOR LEWIS, COUNCILOR GROUT, IT'S SET AT 50% OF WHAT THE PRIMARY PERMIT WOULD BE. AND THAT IN THE PAST IT HAS BEEN SET AT $200 AS A FLAT ACROSS THE BOARD. YOU MAY SEE THE WAY WE HAVE DONE THE FEES, THE STRUCTURE IS DUN ENTIRELY DIFFERENTLY. WE'RE MOVING AWAY FROM A COMPLICATED CALCULATING ON LAST YEAR'S GROSS RECEIPTS FOR CALCULATING PERMIT FEE. IT'S MORE OF A HASSLE FOR THE BUSINESS. AND VERY DIFFICULT FOR BUDGETING. WE MADE ADJUSTMENTS TO DO EVERYTHING CATEGORY. THE NUMBER IS A NUMBER, WE'RE NOT OPPOSED TO ADJUSTING THE NUMBER FOR SECONDARY FEE. I'M SORRY, I WOULD ADD THE WAY IT'S WORDED AS FAR AS REFERENCE TO DUEPLICATIVE LANGUAGE A LESS CLEAR THAN I LOVE. IT'S JUST LANGUAGE, BUT THERE ARE LOTS OF WAYS WE CAN SLICE AND DICE A SECONDARY PERMIT THAT MAY NOT NECESSARILY BE DUPLICATIVE. I UNDERSTAND WHAT'S INTENDED BY THAT. MY STAFF UNDERSTANDS THAT. I WON'T BE HERE FOREVER. I -- WE HAVE HAD DISCUSSIONS WITH COUNCILOR BASSAN AND DISCUSSIONS WITH RESTAURANTS. WE DON'T WANT TO LEAVE A LEGACY WHERE SOMEBODY THAT COMES IN MY PLACE CAN PUSH THAT AROUND AND CHANGE THINGS WITHOUT A LEGISLATIVE CHANGE. THAT WOULD BE ON MY THOUGHT OF THE AMENDMENT. >>COUN. GROUT: THE FEES I UNDERSTAND. AND THAT MAKES PERFECT SENSE. I CAN UNDERSTAND THAT. BUT I ALSO UNDERSTAND AS A BUSINESS OWNER, RESTAURANT FEES ARE CRAZY. IN OTHER INDUSTRIES THE FEE IS MINIMAL. IT'S NOT -- YOU CAN SOMETIMES -- IT CAN BE DAUNTING FOR HOW MANY FEES GET CHARGED. >>COUN. LEWIS: I THINK REFERRED TO THE SECONDARY FEES. FROM A RESTAURANT'S PERSPECTIVE COULD YOU BRING ANY OTHER PERSPECTIVE ON THAT AS FAR AS THE EFFECTS OF THE MULTIPLE FEES THAT WE'RE EXPERIENCING? >> THIS ISN'T JUST HAPPENING AT PLACES LIKE TOP GOLF. LET ME GIVE AN EXAMPLE OF THE RANGE CAFE. THE RANGE CAFE IN SOME INSTANCES PAYS FOR THEIR OVERALL FEE AND THEY PAY A FEE FOR THEIR BAR. IF IT'S SEPARATED FROM THEIR KITCHEN. I DON'T KNOW EXACTLY WHAT TO DO. MAYBE THE SECONDARY FEE SHOULD BE INSTEAD OF HALF OF THE ORIGINAL FEE MAYBE IT SHOULD BE $50 FOR EACH ADDITIONAL FEE. SO THAT THEY CAN CLOSE DOWN ONE PART OF A RESTAURANT AND LEAVE THE REST OPEN. I JUST DON'T THINK $1400 -- WAIT -- YEAH $150 -- $1050 THAT'S A LOT FOR AN INSPECTION YOU DON'T REALLY WANT. I'M JUST SAYING FEES ARE GETTING VERY HIGH AND WE LIKE A LITTLE BIT OF RELIEF ON THAT. >>COUN. LEWIS: OTHER DISCUSSION ON THE AMENDMENT? COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I JUST WANT TO ADD FOR EVERYONE'S UNDERSTANDING AND REMINDER TOO THAT IF WE AMEND THE FEE STRUCTURE TONIGHT THAT'S FINE, BUT AT THE SAME TIME THIS IS SOMETHING THAT ONCE WE INCORPORATE IT INTO THIS AND PASS THIS COUNCIL HAS THE ABILITY TO REVISIT AND ANALYZE AND CHANGE THE FEE STRUCTURE AT ANY POINT IN TIME. RATHER THAN HAVING TO WAIT FOR ADMIN TO DECIDE TO DO IT IN A RULE PROCESS OR SOMETHING TO THAT EFFECT. IF FOR SOME REASON WE DON'T GET IT PERFECT TONIGHT WHETHER IT BE FOR NMRA, THE FEES CAN BE SOMETHING WE TALK ABOUT. I WANT TO MAKE SURE WE HAVE THOSE DISCUSSIONS BUT ALSO DON'T HOLD UP THE WHOLE PART OF THIS BILL WHICH IS PROBABLY REALLY THE MOST IMPORTANT PART. MOVING ON TO MAKE SURE WE KEEP UP WITH THE SIMULTANEOUS NATURE OF THE STATE AND FDA. >>COUN. LEWIS: AMENDMENT ONE IS MOVED AND SECONDED. THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. OPPOSED NO. MOTION PASSES -- MOTION FAILS ON 2-7. ALL RIGHT. FLOOR AMENDMENT NUMBER TWO. PAGE FOUR LINE 19. ADD NO FEES MAY BE ADDED ON THOSE EXISTING. ON PAGE 11 STRIKES LINES ONE THROUGH EIGHT AND PUT PERMIT ADMINISTRATION FEES MAY NOT ME RAISED EXISTING MAY 1, 2024. THIS STRIKES THE SCHEDULE FOR PERMIT ADMINISTRATION FEES AND REPLACES THE SECTION WITH LANGUAGE FREEZING THE FEES AT THE LEVELS EXISTING ON MAY 1, 2024. COUNCILOR BASSAN SAID THAT COULD BE AMENDED LATER ON IF WE LIKE. COUNCILOR, THE CONCERN IS THAT THE INCREASE IN FEE AND REVENUE RATE -- RAISED FROM IT, THERE'S NOTHING IDENTIFIED FOR WHAT IT PAYS FOR. IT GOES TO PAY FOR EVERYTHING ELSE FOR NO REASON. IT'S JUST WE WANT TO RAISE THE FEES LET'S RAISE FEES AND TAKE MONEY OUT OF THE POCKETS OF RESTAURANT OWNERS HANDS. THERE'S NO BENEFIT OR ADDED SERVICE OR ANYTHING LIKE THAT. SO THIS AMENDMENT SIMPLY TAKES OUT THE FEE INCREASES. FOR THE FORESEEABLE FUTURE. THAT'S MOVED AND SECONDED BY COUNCILOR GROUT. ANY DISCUSSION? COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I WANT TO GIVE DR. DIMENA THE ABILITY TO SPEAK TO THIS. IT'S MY UNDERSTANDING THAT THERE'S THE FEE ANALYSIS THAT WAS IN A REPORT THAT WAS PROVIDED WHICH INCLUDES SOME OF THE REASONING, BUT ALL OF THIS STEMMED FROM A 2022 AUDIT FROM INTERNAL AUDIT THAT ENDED UP RECOMMENDING THAT WE GET MORE INSPECTORS AND WE PROVIDE MORE OF THIS FOR THE DEPARTMENT. NOW, ESPECIALLY AFTER LAST THURSDAY, I RECOGNIZE AND I'M NOT DISAGREEING WITH THE FACT THAT ALL THE FEES GO INTO THE GENERAL FUND AND IT'S REALLY UP TO US AS COUNCILORS TO MAKE SURE THAT WHATEVER THOSE TOTAL FEES ARE FOR WHICHEVER DEPARTMENT WE'RE TALKING ABOUT, WE SHOULD MAKE SURE -- WHICH IS ON MY TO DO LIST TO MAKE SURE THERE'S LEGISLATION CREATED, BUT FOR SOMETHING LIKE THIS EXAMPLE WITH ENVIRONMENTAL HEALTH. IF WE HAVE THESE FEES COME INTO ENVIRONMENTAL HEALTH THEY SHOULD BE SURE TO GO BACK NOT JUST RELYING ON ME REMEMBERING NEXT YEAR TO ANALYZE THE ENVIRONMENTAL HEALTH NEEDS TO HAVE THESE FEES COME BACK TO THEM AND THEN GOLF AND BIO PARK AND ALL THESE OTHER ONES. WE NEED TO MAKE SURE THAT HAPPENS SO THAT WE AND GET MORE INSPECTORS AND BE ABLE TO JUSTIFY IT. FOR TODAY'S CONVERSATION I REALLY BELIEVE, AND THIS IS FROM CONVERSATIONS THAT WE'VE HAD AS WELL, THAT IF WE RAISE THE FEES, THEN A YEAR FROM NOW, AND HOPEFULLY SOONER THAN THAT, WE'LL MAKE SURE THERE'S LEGISLATION, BUT A YEAR FROM NOW WE CAN COME BACK DURING BUDGET TIME AND SAY, ENVIRONMENTAL HEALTH HAS CHARGED THIS MUCH IN FEES. IT WENT TO THE GENERAL FUND, OR HOPEFULLY NOT, BUT NOW ENVIRONMENTAL HEALTH SHOULD GET THAT MONEY BACK IN THE FORM OF MORE INSPECTORS, IN THE FORM OF MORE ASSISTANCE FOR THE COMMUNITY TO KEEP THE COMMUNITY SAFE. NOT FOR THE RECORD TO GO OUT AND TARGET BUSINESSES AND TRY TO SHUT THEM DOWN. THAT'S NOT WHAT I'M ALSO ADVOCATING FOR, I PROMISE. THIS IS WHERE TO ME THE JUSTIFICATION IS THERE. I DO HOPE IN THE NEAR FUTURE, BEFORE THE END OF THIS YEAR, WE WILL HAVE LEGISLATION THAT CAN HELP DECIPHER SOME OF WHERE THESE FEES GO. IF ANYTHING WE PUT THEM IN A DIFFERENT LINE ITEM OR SOMETHING LIKE THAT. FOR TONIGHT, DOCTOR, DO YOU HAVE ANYTHING TO ADD ABOUT THAT? >> COUNCILOR LEWIS, COUNCILOR BASSAN, I WOULD EMPHASIZE WHAT YOU SAID. WE TOOK OUR QUEUES FROM THIS ENTIRELY FROM THE AUDIT. WE HAVE BEEN TALKING ABOUT AND PLANNING ABOUT THE UPDATE TO THE FOOD CODE. WE PLANNED TO UPDATE THE 2017 FOOD CODE. WE FELL BEHIND ON THAT. CHANGE IN THE ADMINISTRATION WE HAD NEW PRIORITIES AND COVID ALONG CAN DERAILED US. BY THE TIME WE GOT THING TOGETHER WE STARTED TALKING ABOUT THE CURRENT FOOD CODE. WE DIDN'T JEPERATE REVENUE FOR THE SAKE OF GENERATING REVENUE. THE SECOND PART OF THE ARGUMENT IS TO CREATE AN AVENUE TO ALLOW US TO BRING ADDITIONAL INSPECTORS. NOT BECAUSE WE'RE CONSTANTLY IN THAT BACKLOG, BUT BECAUSE AS THE FOOD INDUSTRY HAS CHANGED, MORE PLACES ARE -- IF YOU THINK OF YOUR FAVORITE NEW MEXICAN PLACE THAT'S BOTTLING SALSA ON-SITE OR OFF SITE, IF YOU HAVE SEEN THE CLOSURES RECENTLY. WE'RE DEALING WITH FOOD PROCESSING IN ALBUQUERQUE THAT WE HAVEN'T DEALT WITH BEFORE. IT'S VERY COMPLICATED. IT'S VERY EASY FOR A PROCESSOR TO GET TRIPPED UP OFF SOMETHING THAT CAN MAKE THOUSANDS OF PEOPLE SICK. IF WE FOUND A PROCESSOR OUT OF LINE WE'LL SPEND A WEEK TO TWO WEEKS THERE. I WOULD LIKE TO EMPHASIZE IT'S NEVER OUR GOAL, IT'S EXPLICITLY STATED NOT OUR GOAL TO GO AFTER BUSINESSES. OUR STATED GOAL IS TO HELP THEM COME UNTIL COMPLIANCE. IT IS VERY EXPENSIVE FOR THE CITY AND EXPENSIVE FOR THE ENVIRONMENTAL HEALTH AS WELL AS RESTAURANTS AND GROCERY STORES TO BE OUT OF COMPLIANCE. NOBODY WANTS THAT. WHAT WE'RE LOOKING FOR IS PLACES TO BE SAFE LONG AFTER WE'VE LEFT. >>COUN. BASSAN: THANK YOU. ONE QUICK THING, AND I'M DONE, MR. PRESIDENT, I ALSO WANT TO POINT OUT AND YOU READ IT WHEN YOU READ THROUGH ALL OF THE DOCUMENTS REGARDING THIS BUT THE ANALYSIS WAS AND THE FEE STRUCTURE WAS IMPLEMENTED BASED OFF OF A RISK-BASED FEE STRUCTURE. THIS IS SERVING SENIORS, IS IT SERVING CHILDREN, IS IT FOOD PROCESSING, IS IT A FOOD TRUCK. WHAT IS THE RISK ASSOCIATED. AND THAT'S HOW THE FEES WERE DECIDED UPON. >>COUN. LEWIS: TO CLEAR YOUR BACKLOG, DO YOU NEED MORE MONEY FOR THAT? >> I WOULDN'T DARE TO ASK FOR THAT. >>COUN. LEWIS: YOU ARE ASKING FOR THAT. >> WE NEED TO HIRE MORE PEOPLE. >>COUN. LEWIS: THAT'S NOT WHAT THIS IS GOING FOR. WHY THE FEE INCREASE? >> AS I SAID. >>COUN. LEWIS: THERE IS NO REASON. EVEN THE ANALYSIS DIDN'T GIVE A REASON FOR IT. EVEN IF YOU GAVE A REASON, THAT'S NOT IS BEING PROPOSED TONIGHT. REALLY IT BOILS DOWN TO JUST GRABBING SOME MONEY FROM RESTAURANT OWNERS WE DON'T NEED OR HAVE PURPOSE FOR. WE'LL GO TO COUNCILOR CHAMPINE, NEXT. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. ULTIMATELY, I SUPPORT THIS BILL. AS FAR AS I FEEL IT'S IMPORTANT TO ACTUALLY BRING THAT FOOD CODE UP TO A -- ALIGN WITH THE SPECTION STANDEREDS OF THE FEDERAL LEVEL. I CAN'T SUPPORT THE FEE INCREASE. ESPECIALLY WHEN IT GOES TO THE GENERAL FUND. ADS COUNCILOR BASSAN POINTED OUT, IN THE FUTURE WE HOPE IT CAN MOVE TOWARD REDISTRIBUTED BACK INTO THAT. CURRENTLY, ARE THESE FEES GOING INTO THE GENERAL FUND RIGHT NOW? >> COUNCIL PRESIDENT, COUNCILOR CHAMPINE YES. GENERAL FUND SUBSIDIZES MOST OF OUR CITY DEPARTMENTS. SO THESE FEES THAT GO INTO THE GENERAL FUND COME RIGHT BACK OUT AT APPROPRIATION TIME. >>COUN. CHAMPINE: MR. PRESIDENT, THEY HAVE GONE -- AND THEY HAVE GONE BACK INTO THE RESTAURANT INDUSTRY? ENVIRONMENTAL HEALTH, THANK YOU. >> YES. GENERAL FUND SUPPORTS ALL OF OUR DEPARTMENTS. SO THE FEES GO IN -- >>COUN. CHAMPINE: YOU CAN'T SAY IT CAME RIGHT BACK. I WORRY THIS WILL HURT SMALL BUSINESSES. TOP GOLF CAN AFFORD THIS. YOUR NICE HOLE IN THE WALL TACO PLACE ISN'T GOING TO BE ABLE TO AFFORD THIS INCREASED AMOUNT. IT'S GOING TO HURT SMALL BUSINESS. IF IT'S SOMETHING YOU'RE LOOKING TO PUT REINTO ENVIRONMENTAL HEALTH, WHY AREN'T WE DOING THAT NOW? EVEN TO THE POINT OF HIRING MORE INSPECTORS WITH IT, THAT WOULD BE GREAT. AT THE SAME TIME THERE'S NO EDUCATION IN IT. IA TALK ABOUT MORE INSPECTORS AND PEOPLE TO FIND POTENTIALLY FIND PEOPLE, INSTEAD YOU'RE NOT TALKING ABOUT USING THAT MONEY THAT THE EXTRA MONEY TO GO TOWARD EDUCATION FOR BUSINESS OWNER THAT IS A BRAND NEW OWNER TO START A BRAND NEW BUSINESS. THAT'S MISSING. WE JUST START TALKING ABOUT RAISING FEES TO HIRE INSPECTORS TO GET MORE FEES. ULTIMATELY, I SUPPORT THE BILL AND WHAT IT'S TRYING TO ALIGN WITH. I DON'T SUPPORT THE INCREASED FEES. THANK YOU. >>COUN. LEWIS: THIS IS A LITTLE BIT DIFFERENT. THIS IS WAY DIFFERENT FROM THE BUDGET DISCUSSION. OUR BUDGET DISCUSSION, THE BUDGET STARTS WITH THE ADMINISTRATION SAYING WE PUT TOGETHER THIS BUDGET AND WE HAVE THIS REVENUE THAT WE NEED BASED ON ALL THE NEEDS OF OUR DEPARTMENTS, YET WE'RE SHORT $7 MILLION SO LET'S RAISE GOLF FEES, AND SWIMMING POOL FEES, LET'S RAISE NUMBER OF OTHER FEES. ZOO FEES. AND ZOO ADMISSION FEES AND THAT WILL GIVE US $7 MILLION TO MEET OUR GENERAL BUDGET FUND. THAT'S WHAT HAPPENS. AND IN THIS CASE WE DIDN'T HAVE A BUDGET NEED FOR THIS. THERE'S NO REASON FOR THIS TO GO INTO THE GENERAL BUDGET TO BE ABLE TO BALANCE A BUDGET. THIS IS JUST LET'S RAISE THE FEES BECAUSE WE WANT TO AND THEN JUST PUT IT IN THE GENERAL FUND. IT'S EVEN MORE FURTHER REMOVED FROM ANY KIND OF NEED THAT WE NEED IT FOR. IT'S MUCH DIFFERENT EVEN THAN OUR BUDGET DISCUSSION. COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I WOULD HAVE TO AGREE. WE JUST HAD THE COW MEETING. YOU JUST EXPLAINED HOW ALL THE FEES WE INCUR AT THE CITY OF ALBUQUERQUE GO TO THE GENERAL FUND AND YOU HAVE TO DECIDE BASED ON THE NEEDS FROM EVERY DEPARTMENT, YET WE HAVE A STUDY THAT SAYS YOU NEED TO INCREASE THE FEES BECAUSE YOU NEED MORE INSPECTORS AND BETTER QUALITY, BUTTIO -- BUT WE CAN ASSURE THE MONEY IS GOING THERE. COUNCILOR BASSAN IS SAYING LATER ON WE CAN ALLOCATE THOSE FEES FROM HERE TO GO BACK TO THIS DEPARTMENT, BUT THE ARGUMENT YOU GAVE THE OTHER DAY IS ACTUALLY CONTRARY TO THAT. YOU KNOW, IF THAT'S THE CASE, THEN THE FEES FOR THE BIO PARK AND THE FEES FOR ALL THESE OTHER INCREASED FEES GO INTO THE POOL, IF WE MAKE THOSE KIND OF LEGISLATIVE DECISIONS THAT'S WHAT WE'RE GOING TO HAVE TO DO. IS THAT THE RIGHT THING TO DO? >> MR. PRESIDENT, COUNCILOR PEÑA, I'D LIKE TO ADD ONE COMMENT. I THINK ONE OF THE THINGS THAT WE MISSED SAYING IN ALL OF THIS WHICH IS IMPORTANT IS THAT OUR EMPLOYEE COMPENSATION COMES FROM THE GENERAL FUND. AS WE TALK ABOUT COMPENSATION INCREASES TO THE EMPLOYEES ACROSS THE CITY IT COMES OUT OF WHAT IS OUR RECEIVE -- REVENUE. I JUST WANT TO MAKE SURE IT ISN'T MEANT TO BE CONTRARY ARGUMENT TO WHAT YOU'RE SAYING, IT'S JUST A FACT THAT WE HAVEN'T SAID THROUGHOUT. WHICH IS WHEN WE ALL SPEAK TO EMPLOYEES HAVING A COMPENSATION INCREASE, IT HAS TO COME FROM THAT GENERAL FUND FOR US TO ALLOT THROUGH THESE DEPARTMENTS. I AM NOT INDICATING THAT IS A REASON TO NOT HAVE FEES GO FROM A FEE BASE INTO A SPECIFIC DEPARTMENT, BUT IT IS IMPORTANT WHEN WE TALK ABOUT EMPLOYEES ACROSS THE BOARD HAVING COMPENSATION INCREASES. MANY DEPARTMENTS DON'T HAVE A WAY TO GENERATE NEW REVENUE INTO THAT. SO, WHEN WE TALK ABOUT THESE DEPARTMENTS THAT HAVE FEES, IT IS RELATED TO ENTITIES OR INDIVIDUALS THAT ARE USING SERVICES OR DOING BUSINESS IN A SPECIFIC WAY THAT OTHERS IN THE CITY ARE NOT. IT IS NOT MEANT TO BE A PENALTY IT'S A WAY FOR US TO ENSURE THAT WE'RE PROVIDING THE BEST SERVICES POSSIBLE. IN THIS CASE, WE'RE TALKING ABOUT INSPECTION OF RESTAURANTS THAT 100% OF OUR POPULATION ARE PARTAKING IN, WHETHER THAT'S AT A GROCERY STORE OR ANY OTHER FOOD ESTABLISHMENT. THE BENEFIT IS TO ALL THE CITY ACROSS THE BOARD. I JUST WANT TO BRING UP THE COMPENSATION ITEM BECAUSE FOR INSTANCE WHEN WE TALK ABOUT TRANSIT FOR EXAMPLE, THEY DO NOT HAVE A FEE BASE BUT THEY'RE A DEPARTMENT COVERED BY THE GENERAL FUND AS WELL. >>COUN. LEWIS: AGAIN, THE LOGIC THERE IS LET'S TAKE -- LET'S INCREASE OUR FEES -- COUNCILOR PEÑA. >>COUN. PEÑA: I WOULD LIKE TO ASK OUR STAFF. AS WE'RE CREATING THE COMMITTEE SUB AND IF WE DECIDE TO DO FEE INCREASES, THEN I GUESS OUR WAY TO ACCOMPLISH THIS IS BY ADDING ADDITIONAL EMPLOYEES TO THE DEPARTMENT. >> COUNCIL PRESIDENT, COUNCILOR PEÑA, YES YOU COULD DO THAT. IF THE FEES GO UP WE CAN CALCULATE IT AND IF WE WANT TO ADD ADDITIONAL PEOPLE TO THE DEPARTMENT OF HEALTH THAT'S THE OPTION THE COUNCIL CAN HAVE. THEY CAN DO. SDMRP OKAY. THANK YOU . >>COUN. PEÑA: THANK YOU. >>COUN. LEWIS: ALL RIGHT. THE LOGIC THERE IS -- AND CORRECT ME IF I'M WRONG, THE LOGIC THERE IS INCREASING THE RESTAURANT FEES, BUSINESS OWNERS, INCREASING THOSE FEES AND IT PAYING FOR THE SALARY INCREASES OF THE BLOATED MAYOR'S DEPARTMENT. THE MAYOR'S OFFICE. THAT'S EXACTLY IT. OR CHOOSE THE DEPARTMENT YOU WOULD LIKE TO PAY FOR. BECAUSE WE'RE SO-CALLED SHORT OVER HERE OR THERE. THAT IS THE LOGIC. AND I THINK THAT'S TERRIBLE BUDGETING. IT'S NOT A REASON TO INCREASE FEES ON THE INDUSTRY WHEN WE ADMIT IT'S NOT GOING IN ANY WAY TO YOUR DEPARTMENT, SIR. I THINK WE HAD COUNCILOR GROUT AND COUNCILOR SANCHEZ AND COUNCILOR FIEBELKORN. >> THANK YOU, MR. PRESIDENT. CAN YOU TELL ME WHAT THE STATE FEES ARE FOR RESTAURANTS? >> COUNCILOR LEWIS, COUNCILOR GROUT, I BELIEVE THEY ARE $200 FOR THE RESTAURANT. THE STATE HAS A DIFFERENT LEVEL OF INTENSITY BECAUSE THEY HAVE THE ENTIRE STATE'S JURISDICTION. THEY DON'T VISIT PLACES AS FREQUENTLY. >>COUN. GROUT: AND OUR FEE IS GOING TO BE $900? >> I'M SORRY, COUNCILOR LEWIS, COUNCILOR GROUT, THE TYPICAL RESTAURANT IS PAYING ROUGHLY $700 PER YEAR. THE VAST MAJORITY OF RESTAURANTS, THE TYPICAL RISK CATEGORY WILL FALL TO $900. THERE ARE MORE COMPLICATED OR HIGHER RISK FACILITIES. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. DOES TOP GOLF PAY THE SAME FEE AS RANGE CAFE DOWN THE STREET? >> THAT QUESTION IS A LITTLE BIT COMPLICATED TO ANSWER. IT SPEAKS TO WHAT I WAS TALKING ABOUT AS FAR AS BUDGET AND CALCULATING WHAT THE PERMIT FEE ACTUALLY IS. I CAN GUARANTEE TOP GOLF IS IN THE TOP CATEGORY. THE FOOD PERMIT FEES FOR A FOOD ESTABLISHMENT ARE 3% OF LAST YEAR'S GROSS RECEIPTS. IT GOES UP TO A MAXIMUM OF $700. TOP GOLF IS CERTAINLY AT THAT POINT. THE MOM AND POP PLACE THAT ISN'T BOOMING PROBABLY ISN'T PRODUCING AT THAT LEVEL AND IS PAYING A LOWER FEE. IF THEY'RE A SMALL FACILITY DOING LOW-RISK FOOD, THEY'RE GOING TO PAY LESS THAN $700 OR LESS THAN $900 UNDER THIS STRUCTURE. THERE'S A CONTINUUM INTENTIONALLY THERE TO REFLECT THE RISK. A PLACE WITH FOUR TABLES IS PUTTING LESS RISK. I DON'T WANT TO SOUND LIKE I'M PICKING ON TOP GOLF. BUT SOME PLACE THAT HAS A LARGE PLACE LIKE THAT CREATES RISK AND PUTS MORE BURDEN ON AN INSPECTOR. >>COUN. GROUT: YOU NEED MORE INSPECTORS? >> COUNCILOR LEWIS, COUNCILOR GROUT, IN ORDER TO KEEP UP WITH THE LEVEL THAT WE THINK WE NEED TO BE PROVIDING SERVICE TO THERIST -- THE RESTAURANTS AND TO THE PUBLIC, WE'RE STRAPPED TO THE HILT. BECAUSE OF THE MANUFACTURING COMING ON WITH LARGE-SCALE FOOD PRODUCTION. TO YOUR POINT, COUNCILOR CHAMPINE, WE ARE ACTUALLY DOING A LOT TOEICATE FACILITIES. WE OFFER FOOD SAFETY TRAINING. WE OFFER PRE-PERMITTING MEETINGS TO FIND OUT WHAT WE'RE LOOKING FOR. AS I SAID NON-COMPLIANCE IS EXPENSIVE FOR ALL OF US. WE WANT TO SEE THE FACILITIES COMPLY. WE DO AN EXTENSIVE AMOUNT O EDUCATION. THAT'S AN AREA TO INCREASE INVESTMENT AND EFFORTS TO MAKE SURE THE FACILITY IS COMPLAINT AND SAFE. >>COUN. GROUT: HOW OFTEN DO YOU INSPECT FACILITIES? >> COUNCILOR LEWIS, COUNCILOR GROUT, CURRENTLY, UNOFFICIALLY DEPENDENT ON THE LEVEL -- THE HIGHEST RISK WE GO THREE TIMES A YEAR. IF YOU GO TO HOME DEPOT AND BUY A BAG OF CHIPS THAT'S UNDER US. BUT THERE'S CONDITIONS THAT THEY HAVE THOSE CHIPS AND THEY MAY STORE IT NEXT TO A BUCKET OF ACID. THEY SELL FOOD THAT FALLS UNDER OUR ORDINANCE. A PLACE LIKE THAT WE GET TO EVERY 18 MONTHS. THERE'S FAR LESS RISK. >>COUN. GROUT: EACH TIME YOU GO OUT TO THE FACILITIES, THREE TIMES A YEAR, HOW MANY TIMES DO YOU PAY INSPECTION FEES? >> THEY PAY ONCE PER YEAR. AND UNDER THE ORDINANCE IT'S THE SAME THING. WHETHER IT'S PRIMARY OR SECONDARY IT'S ONCE PER YEAR. >>COUN. GROUT: HAVING A SMALL BUSINESS MYSELF. EXPENSES ADD UP. SAFETY IS MOST IMPORTANT. BUT IT IS HARD THESE DAYS. EVERYTHING HAS GONE UP. THANK YOU. >>COUN. LEWIS: DISCUSSION ON AMENDMENT TWO. COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. WE HEARD FROM MRS. WRIGHT, WE HEARD -- IT SOUNDED TO ME LIKE THE FEES WERE GOING TO BE PUT IN PLACE ARE GOING TO BE FOOD SAFETY AND IN MY OPINION THEY WERE REASONABLE. THERE'S LOT MORE THAT'S INTO THE PROCESS NOW, CORRECT. SO WHEN IS THE LAST TIME WE RAISED THE FEES? >> THE LAST TIME WE RAISED THE FEES IN THE FOOD SANITATION ORDINANCE THAT GOVERNS RESTAURANTS, WHICH IS WHAT WE'RE TALKING ABOUT HERE, WAS IN 2010 AT THE START OF THE BERRY ADMINISTRATION. I CAN'T REMEMBER IF COUNCILOR BASSAN SAID IT, BUT WAERP REPEALING THE EIGHT ORDINANCES AND REPLACING IT WITH ONE. ALL OF THE OTHER ONES HAVEN'T ADJUSTED THAT RECENTLY. THEY GO BACK TO THE 80s. >>COUN. SANCHEZ: AS COUNCIL, WE MADE SURE WE HAVE THE ABILITY TO GET BACK IN HERE AND REDO THE STRUCTURE IF WE NEED TO? IF WE PASS IT. CORRECT? >> COUNCILOR LEWIS, COUNCILOR SANCHEZ, IF YOU'RE ASKING ME THAT'S HOW I UNDERSTOOD IT. >>COUN. SANCHEZ: BASED ON WHAT I HEARD TODAY, I THINK THE FEE STRUCTURE IS REASONABLE. IT SOUNDS LIKE WE NEED IT BASED ON THE FACT WE HAVE A LOT MORE. I HEARD THE ADMINISTRATION WOULD ACTUALLY GIVE YOU MORE MONEY IF YOU NEED IT. I THINK I'M GOING TO GO VOTE FOR THE BILL. THE WAY IT IS. >>COUN. LEWIS: THE FEE WOULD GO TO NOTHING. IT WOULD GO TO THE GENERAL FUND. THEY DO NOT GO TO FOOD SAFETY. THAT'S NOT WHERE THEY GO. THEY GO TO NOTHING. THEY GO TO OTHER DEPARTMENTS. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I HAVE A TECHNICAL QUESTION AND ANOTHER COUPLE OF QUESTIONS. THE FIRST ONE IS JUST, THE AMENDMENT IS WITH WORKING OFF THE COMMITTEE SUB FOR O-24-15 PASSED IN FGO? BECAUSE IF IT IS, PAGE 11 LINE ONE THROUGH EIGHT, I DON'T THINK IS WHAT WE WANT TO STRIKE. ON PAGE 11, LINES ONE THROUGH EIGHT, IS RIGHT OF INSPECTION AND ENFORCEMENT AUTHORITY SHALL MAKE INSPECTIONS OF ESTABLISHMENTS BLAH BLAH BLAH. I DON'T THINK THAT'S WHAT IS MEANT TO BE STRUCK IN THIS. MAYBE I'M WRONG. >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, THE AMENDMENT IS BASED ON THE FLOOR SUB INTRODUCED AND SUBSTITUTED. >>COUN. FIEBELKORN: OKAY. I'M OPENING THE FLOOR SUB, AND THAT ALSO SAYS ON PAGE 11, LET ME GO THERE. >> MR. PRESIDENT -- >>COUN. FIEBELKORN: IT'S ON THE NEW FLOOR SUB THAT PASSED TODAY? >> CORRECT. >>COUN. FIEBELKORN: OKAY. NOT SURE HOW WE HAVE AMENDMENT TO THE FLOOR SUB WE JUST PASSED A FEW SECONDS AGO. BACK TO SOME QUESTIONS. I'M GOING TO ASK THE ADMINISTRATION, IS THE ENVIRONMENTAL HEALTH DEPARTMENT AN ENTERPRISE FUND? >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, IT IS NOT. >>COUN. FIEBELKORN: HOW MANY ENTERPRISE FUNDS DO WE HAVE IN THE CITY OF ALBUQUERQUE? >> I BELIEVE WE HAVE THREE. AVIATION, TRANSIT, AND SOLID WASTE. >>COUN. FIEBELKORN: TRANSIT IS AN ENTERPRISE FUND? >> IT IS AN ENTERPRISE FUND EVEN THOUGH IT'S SUBSIDIZED BY THE GENERAL FUND BECAUSE FOR FTA RULES IT HAS TO OPERATE AS AN ENTERPRISE. >>COUN. FIEBELKORN: WE HAVE REALLY TWO DEPARTMENTS THAT ARE OPERATING AS AN ENTERPRISE FUND AND THAT, TO ME, AND I'M LEARNING TONIGHT SO MAYBE I MISUNDERSTOOD, BUT THAT MEANS THAT DEPARTMENT HAS TO MAKE ENOUGH REVENUE TO PAY FOR EXPENSES? >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN YES. THAT'S CORRECT. >>COUN. FIEBELKORN: IF YOU'RE NOT AN ENTERPRISE FUND, ALL THE REVENUE YOU MAKE GOES INTO THE GENTERAL FUND IS THAT IS DISBURSED THROUGHOUT THE BUDGET. SO 30% GOES TO APD AND DOWN THE LINE. AM I UNDERSTANDING HOW THAT WORKS FOR ALL THE OTHER DEPARTMENTS? >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, THERE ARE OTHER FUNDS LIKE AIR QUALITY THERE'S PERMITTING THAT STAYS WITHIN THAT DIVISION. BUT YES, YOU'RE CORRECT. ALL THE MONEY GOES INTO THE GENERAL FUND AND GOES INTO THE BUDGET AND GOES TO THE DEPARTMENT TO OPERATE. >>COUN. FIEBELKORN: LIKE 32% GOES TO APD, WHICH I THINK WE ALL AGREE IS IMPORTANT PUBLIC SAFETY REQUIREMENT. WHAT PERCENTAGE OF FUNDS IN APD DON'T COME FROM THE GENERAL FUND? >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, WE WOULD HAVE TO COME BACK TO YOU WITH AN ANSWER FOR THAT. I KNOW IN THE PAST WE'VE HAD UP TO 40 APD OFFICERS FUNDED BY GRANTS. SO THERE ARE POCKETS AND BUCKETS OF MONEY THAT SUPPORT OTHER OPERATIONS. BUT THE MAJORITY IS GENERAL FUND. >>COUN. FIEBELKORN: OKAY. WHEN WE REDUCE THE GENERAL FUND, WE MIGHT REDUCE APD OR AFR OR ANY OTHER DEPARTMENT THAT IS RELYING ON THE GENERAL FUND FOR OPERATIONS? >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, YES, WE HAVE A FINITE POCKET OF MONEY IN THE GENERAL FUND. IF WE REDUCE OR SHIFT IT COULD IMPACT BUDGET FOR OTHER DEPARTMENTS. IT'S GOT TO COME FROM SOMEWHERE. >>COUN. FIEBELKORN: THANK YOU. I, FOR ONE, AM FINE WITH RESTAURANT INSPECTIONS BEING USED TO PAY FOR PUBLIC SAFETY AND OTHER TYPES OF SERVICES FOR THE CITY. I APPRECIATE THE EXPLANATION AND OPPORTUNITY TO ASK QUESTIONS. THANK YOU, MR. PRESIDENT. >>COUN. LEWIS: COUNCILOR ROGERS. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I JUST LIKE TO SUSPEND THE RULES TO EXTEND THE MEETING TO 11 O'CLOCK. >>COUN. LEWIS: MOVED AND SECONDED. THOSE IN FAVOR SAY YES. OPPOSED NO. MOTION PASSES UNANIMOUSLY. COUNCILOR CHAMPINE. >>COUN. CHAMPINE: THANK YOU, MR. PRESIDENT. COUNCILOR FIEBELKORN IN HER STATEMENT POSED AN INTERESTING THOUGHT. THIS IS MY CLARIFICATION FOR THE BUDGET. DOCTOR, OR -- THE GENERAL FUND, WHAT SHE SAID AND WHAT YOUR ANSWERS WERE, THE GENERAL FUND IF IT'S X AMOUNT OF DOLLARS, 31% IS GUARANTEED TO GO TO POLICE. IS THERE A PERCENTAGE THAT'S BROKEN DOWN OR YOUR DISCRETION OF WHAT DEPARTMENTS GET WHAT? >> COUNCIL PRESIDENT, COUNCILOR CHAMPINE, IT IS STILL AT THE DISCRETION -- IT'S STILL UP TO US BASED ON ESTIMATES AND STAFF ING AND NEED. ONE DEPARTMENT MIGHT NEED IT MORE -- >>COUN. CHAMPINE: THE BUDGET IS ALL NEW TO ME. IT'S NOT GUARANTEED THAT 32% ALWAYS GOES TO POLICE. THEY COULD GET 15%? >> CORRECT. IT'S NOT GUARANTEED. WE PRESENT OUR BUDGET TO THE COUNCIL. >>COUN. CHAMPINE: OKAY. I THOUGHT IT WAS A SET PERCENTAGE. THANK YOU FOR THE CLARIFICATION. >>COUN. FIEBELKORN: CAN I ANSWER THAT QUESTION? COUNCILOR CHAMPINE, IT'S NOT GUARANTEED ANYWHERE IN LAW. BUT IT IS GUARANTEED WITH THE COUNCIL BECAUSE I HAVE BEEN HERE FOR SEVERAL YEARS AND I HAVE NOT SEEN ONE SINGLE REDUCTION IN APD BUDGET. THIS YEAR THEY'RE 32.1% OF THE BUDGET. I DON'T SEE THAT NUMBER GOING DOWN. WE CAN SAFELY SAY THAT APD WILL ALWAYS BE ABOUT A THIRD OF OUR ENTIRE CITY BUDGET. BASED ON A $1.4 BILLION BUDGET THEY WILL CONTINUE TO GET THE SAME LEVEL OF FUNDING IN THE PROPOSED BUDGET OR HIGHER. >>COUN. BASSAN: MR. PRESIDENT, SO DR. DIMENA, HOW WOULD THIS AMENDMENT AFFECT THE RISK-BASED FEE STRUCTURE? >> COUNCILOR LEWIS, COUNCILOR BASSAN, WITHOUT COMMENT AT ALL ON THE ACTUAL FEE DOLLAR AMOUNT, THE WAY THIS AMENDMENT IS WORDED WOULD ACTUALLY REMOVE OUR ABILITY TO CHANGE THE WAY WE DO THE PERMIT STRUCTURE. I DON'T WANT TO SOUND LIKE I'M LOOKING FOR A SIDE DOOR TO ADVOCATE FOR DOLLARS BECAUSE I'M NOT. WHAT I'M GETTING AT IS WE'RE -- WE'VE BEEN ASKED REPEATEDLY BY THE RESTAURANT ASSOCIATION, TOMORROW MORNING THEM I'M ADDRESSING THEM, TO GET AWAY FROM THE PERCENTAGE AND GET INTO FLAT FEES. WE'RE TRYING TO GET SOMETHING ON RISK-BASED INSTEAD OF GRT BASED. I THINK WE DON'T WANT TO SEE SOMETHING SQUARE FOOTAGE BASED OR CAPACITY-BASED. IT'S DIFFICULT TO KNOW OR TREAT FAIRLY. WE'RE LOOKING AT RISK AND THAT'S THE MODEL THE FOOD CODE FOLLOWS. THE TABLES YOU HAVE ARE BASED ON THE RISK STRUCTURE AND RISK PRIORITIZATION. REGARDLESS, WE WOULD LIKE TO KEEP THAT STRUCTURE. IT'S GOING TO PUT US ON A MUCH CLEARER PATH ON HOW TO INSPECT PLACES AND HOW THEY CAN BUDGET FOR THE FEES THEY'RE GOING TO PAY REGARDLESS OF WHAT THEY ARE. IMPORTANTLY, I KNOW THIS ISN'T A PRIORITY NECESSARILY FOR CITY COUNCIL, ALTHOUGH THERE'S A HALF-MILLION DOLLARS ATTACHED TO IT. BUT WE'RE IN THE MIDDLE OF A SOFTWARE UPGRADE THAT WILL ACTUALLY -- IT'S ALREADY BEING BUILT ON A RISK-BASED MODEL. BECAUSE WE FEEL VERY CONFIDENT THAT'S THE RIGHT WAY TO GO. REGARDLESS OF WHATEVER DOLLAR AMOUNT YOU DECIDE ON, I'M NOT HERE TO ARGUE, THAT STRUCTURE IS IMPORTANT TO WHERE WE'RE AT. IF WE DON'T FOLLOW THE STRUCTURE FOR RISK, WE WOULD BE LOOKING TO SET THE IMPLEMENTATION BACK TO THE TUNE OF SEVERAL HUNDRED THOUSAND DOLLARS. >>COUN. BASSAN: WHAT I'M HEARING, I WOULD LIKE US TO CONSIDER -- BECAUSE I UNDERSTAND WHAT YOU'RE SAYING AND WHY, SO I THINK WE SHOULD EITHER KEEP THE FEE STRUCTURE AS PROPOSED AND ADD TWO NEW INSPECTORS IN THE BUDGET. OR WIPE OUT ACROSS THE BOARD A CERTAIN PERCENTAGE OTHER THAN 100% ACROSS THE BOARD BECAUSE IF WE WIPE OUT 100% AND KEEP JUST NO INCREASED FEES THAT ALSO TAKES OUT THE RISK-BASE FEE STRUCKTURE. SO EVEN IF WE WIPE OUT 90% OF THE INCREASE AS LONG AS IT'S THROUGH THE RISK BASED CATEGORY, 90% OF EACH ONE, IF THAT'S WHAT THE COUNCIL WILLS, THEN I THINK, IT WILL NOT CAUSE CATASTROPHE WITH THE RISK-BASED FEE STRUCTURE AND THE SOFTWARE AND EVERYTHING THAT'S BEING BUILT. >> COUNCILOR LEWIS, COUNCILOR BASSAN, I THINK THAT'S CORRECT. I SHOULD CLARIFY BECAUSE THE LANGUAGE TELLS ME SOMETHING THAT I MAY NOT MAKE CLEAR TO YOU ALL. IN ORDER TO DO THIS, WE'RE CREATING SOME NEW CATEGORIES OF PERMITS. THAT WILL BY DEFINITION REQUIRE US TO CREATE A NEW FEE. EVEN IF THE FEE IS ZERO DOLLARS. WE HAVE TO CREATE A NEW FEE. IF WE MOVE A FACILITY INTO TWO NEW PERMIT CATEGORIES, OR BREAK THEM UP INTO RISK TERRITORY, THAT'S GOING TO REQUIRE US TO CREATE NEW FLAT FEES PER THE TABLE. THAT'S WHY I'M INSISTENT AND ON THE TABLE AND STRUCTURE, BECAUSE IT WILL REQUIRE TO CREATE AND MODIFY FEES. EVEN IF WE DO TO GET THEM AS CLOSE TO WHERE WE ARE TODAY, THEY'RE NOT APPLES TO APPLES COMPARISON. A RESTAURANT IS A RESTAURANT AND PAY OFF LAST YEAR'S GRT. A RESTAURANT IN WHAT YOU'RE CONSIDERING IS ONE OF SEVERAL CATEGORIES OF RISK. WE HAVE TO REDISTRIBUTE THOSE. WE NEED THE FLEXIBILITY TO DO THAT OR ELSE THIS PART OF OUR EFFORT GOES DOWN A HOLE. BUT I DON'T INTEND TO SUGGEST THAT REQUIRES A DOLLAR AMOUNT. IT REQUIRES THE STRUCTURE OF THE TABLE. >>COUN. LEWIS: OKAY. IT DOESN'T -- ALL THIS DOESN'T REQUIRE YOU TO GATHER MORE REVENUE. >> COUNCILOR LEWIS, I COULDN'T SAY THAT IT DID. >>COUN. LEWIS: THAT'S A GOOD ANSWER. THANK YOU. WE'LL CLOSE THE DISCUSSION. THOSE IN FAVOR OF AMENDMENT NUMBER TWO RAISE YOUR HAND AND SAY YES. OPPOSED NO. MOTION FAILS ON A 2-7. BACK ON THE BILL. COUNCILOR BASSAN. >>COUN. BASSAN: I URGE YOUR SUPPORT. >>COUN. LEWIS: DISCUSSION ON THE BILL? THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. OPPOSED NO. MOTION -- LET'S DO IT AGAIN. THOSE IN FAVOR OF THE BILL RAISE YOUR HAND AND SAY YES. ACTUALLY, I'M A NO. SO NO. I'M GETTING ON OTHER COUNCILORS AND IT'S ON ME. FAILS ON 1-8. WHAT ARE WE ON? O-16. >>COUN. BACA: AMENDING CHAPTER 2 ARTICLE FOUR RELATING TO ELECTIONS AND PETITIONS. THIS BILL GENERALLY JUST CLEANS OUTDATED REFERENCES AND REDUNDANCY IN CITY ORDINANCES AND ALIGNS WITH STATE STATUTES ENSURING CONSISTENCY. THIS BILL IS IMPORTANT STEP IN REMOVING REDUNDANT LANGUAGE. -- WE TRIED TO SPEAK WITH COUNCIL TO REVIEW BEFORE ANYTHING. THIS CLEANS IS UP. I MOVE A DO PASS. >>COUN. LEWIS: COUNCILOR BACA. COUNCILOR BASSAN WITH A SECOND. DISCUSSION, BACK TO COUNCILOR BACA. COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I WOULD LIKE TO SAY THAT I THINK WE SHOULD PUT ANY CITY CLERK RELATED BILLS TO THE FRONT OF THE AGENDA. HE'S SITTING HERE FOR THE WHOLE MEETING. IT SEEMS LIKE A PRETTY EASY THING. ANYWAY. I'M DELIRIOUS. HERE WE GO. >> I HAVE NOTHING TO ADD. >>COUN. LEWIS: ANY DISCUSSION, ANY QUESTIONS FOR THE CLERK? BACK TO THE SPONSOR. >>COUN. BACA: URGE YOUR SUPPORT. >>COUN. LEWIS: THIS IS O-16. MOVED AND SECONDED. THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. THOSE OPPOSED. ITEM D. COUNCILOR ROGERS. R-14. >>COUN. ROGERS: THANK YOU, SO MUCH, MR. PRESIDENT. R-141 -- 14 IS AUTHORIZING GRANT APPLICATION WITH THE VIOLENCE INTERVENTION HELP. AND PROVIDING APPROPRIATION TO THE ALBUQUERQUE COMMUNITY SAFETY DEPARTMENT FOR FISCAL YEAR 24. I MOVE A DO PASS. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR GROUT. QUESTIONS OR DISCUSSION? R-14. BACK TO THE SPONSOR. >>COUN. ROGERS: NOTHING ELSE TO ADD. URGE YOUR SUPPORT. >>COUN. LEWIS: DISCUSSION CLOSED. I'M SORRY, WE HAVE TWO PEOPLE SIGNED UP TO SPEAK. WE HAVE DON AND JOHN. >>COUN. LEWIS: I BELIEVE YOU SIGNED UP FOR GENERAL PUBLIC COMMENT. >> THAT'S ALL RIGHT. >>COUN. LEWIS: TO BE HONEST, I'LL GIVE YOU PUBLIC COMMENT. >> I CAN DO IT ALL AT ONCE. I APPRECIATE YOU ALLOWING ME TO BE HERE. PRESIDENT, COUNCIL MEMBERS, THANK YOU FOR ALLOWING ME TO BE HERE. I'M DONALD. I'M A PERSON IN LONG-TERM RECOVERY. AND ALSO PERSON WITH LIVED EXPERIENCE. I COME TO YOU IN SUPPORT OF ACS. OVER 30 YEARS, I HAVE WORKED THE STREETS. I'VE WALKED THE STREETS, I'VE WORKED ON THEM. I'VE DONE OUTREACH WITH MULTIPLE DIFFERENT ORGANIZATIONS. AND OVER THOSE 30 YEARS, I HAVE SEEN A LOT OF PEOPLE GET HELP. I'M TELLING YOU RIGHT NOW WHAT I HAVE SEEN ACS DO WITH THE FUNDING THEY HAVE HAD ASTOUNDS ME. I NEVER THOUGHT THAT I WOULD EVER SEE SOMETHING HAPPEN LIKE THIS IN OUR COMMUNITY. I'M TIRED OF WATCHING OUR PEOPLE DIE WHEN THEY DON'T HAVE TO. AND THIS GIVES US AN OPPORTUNITY. YOU KNOW, ONE OF THE THINGS THAT I REALLY WANT TO POINT OUT IS DON'T LOOK AT THE MONEY YOU'RE GIVING THEM, LOOK AT WHAT WE GET IN RETURN FOR IT. YOU KNOW, I'M NOT TAKING MONEY FROM YOU ALL BECAUSE I'M IN JAIL TODAY. I'M NOT STEALING FROM MY NEIGHBORS. I'M NOT IN THE COURTROOM DAY AFTER DAY. I'M NOT ON PROBATION, I'M NOT ON PAROLE. LIKE I USED TO BE. WHAT I AM IS I'M HERE AND I'VE GOT A FAMILY. AND I'VE GOT A JOB. AND I'M A MEMBER OF SOCIETY. WHAT I'M GOING TO ASK OF YOU AND I'LL BE DONE IS WHAT I'M GOING TO ASK OF YOU IS DON'T LOOK AT THE MONEY YOU'RE SPENDING, WHATEVER THE RUMORS ARE ABOUT TAKING MONEY AWAY FROM THEM, THAT'S NOT THE IMPORTANT THING, THE IMPORTANT THING IS THEY CONTINUE TO GET FUNDING TO BE ABLE TO CONTINUE TO DO THE WORK THEY DO THAT IS SO IMPORTANT TO OUR COMMUNITY. THEY'RE IN MY HEART. I'VE WORKED WITH PEOPLE WITH SUBSTANCE USE AND MENTAL HEALTH IN THE EMERGENCY ROOM EVERY DAY. AND I WATCH IT. I SEE WHAT IS HAPPENING TO OUR COMMUNITY. THIS GIVES US A CHANCE. THANK YOU. >> JOAN. >> MR. PRESIDENT, COUNCIL MEMBERS, WHAT A MARATHON. I'M GLAD I STAYED. I THOUGHT THERE WAS AN SNAFU, I THOUGHT I WAS STAYING FOR AN EARLIER THING. I'M EAST CENTRAL MINISTRIES. YEAH, I SUPPORT ACS. MARIELA AND THE TEAM WORKED WITH US RECENTLY ON AN ENCAMPMENT AND IT IS DID AS GREAT A JOB. WHAT I WANT TO TALK ABOUT IS REALLY THANKING COUNCILOR ROGERS FOR PULLING THE CONSENT AGENDA ON THE VACANT LOTS IN THE INTERNATIONAL DISTRICT AND DEFER IT TO THE NEXT TIME. WE AS A NEIGHBORHOOD ARE STRONG, WE SEE A LOT OF NEIGHBORS STRUGGLING AND HURTING. I LIVE A BLOCK FROM THE INTERNATIONAL DISTRICT LIBRARY ON THE SOUTH SIDE AND I WORK ON THE NORTH SIDE OF CENTRAL. WE SEE HURTING PEOPLE ALL DAY LONG. WE WANT TO SOLVE THOSE ISSUES. WE DON'T WANT TO DISPLACE THEM AND MOVE THEM OUT. WE'RE A BIG, STRONG CITY. AND WE CAN SOLVE BIG ISSUES. WE'RE THE NEIGHBORHOOD. SO PULLING THOSE LOTS, IT ALLOWS US TO WORK WITH THE CITY ADMINISTRATION TO WORK ON A PROCESS AND A PLAN TO MOVE THEM TO DONATION. WE'RE WORKING ON A COMMUNITY LAND TRUST, AND CONTINUUM OF HOUSING FILLING VACANT GAPS. WE WANT THE COMMUNITY TO HAVE OWNERSHIP OF THOSE AND COMING UP WITH CREATIVE SOLUTIONS FOR SMALL INCREMENTAL DEVELOPMENTS OF HOUSING FROM SAFE OUTDOOR SPACE TO TINY HOME CLUSTERS TO AFFORDABLE RENT THAT STAYS AFFORDABLE BECAUSE IT'S COMMUNITY LANDTRUST. WE NEED TO THINK ABOUT THE ISSUE OF HOUSING DIFFERENT. THANK YOU VERY MUCH. I LOOK FORWARD TO WORKING WITH GREAT PARTNERS LIKE THE CITY, THE STATE HAS BEEN GREAT, MONEY IS GOING THROUGH THE CAPITAL OUTLAY TO THE COUNTY. THE CITY IS GOING TO BE A GREAT PARTNER. THANK YOU VERY MUCH. >> THAT CONCLUDES COMMENT. >>COUN. LEWIS: COUNCILORS. R-14. WHO IS NEXT? ADMINISTRATION HAVE ANY COMMENT? >> MR. PRESIDENT, WE JUST APPRECIATE YOUR SUPPORT OF THE VIOLENCE PREVENTION PROGRAM AND THE CRITICAL ROLE IT PLAYS IN ACS SUPPORT OF THE COMMUNITY. THANK YOU. >>COUN. LEWIS: COUNCILOR ROGERS TO CLOSE. >>COUN. ROGERS: THANK YOU, MR. PRESIDENT. I URGE YOUR SUPPORT. >>COUN. LEWIS: MOTION AND SECOND. THOSE IN FAVOR SAY YES. OPPOSED NO. MOTION PASSES. ITEM E IS R-25. COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. R-25 IS APPROVING AND AUTHORIZING THE ACCEPTANCE OF GRANT FUNDS FOR THE NEW MEXICO STATE LIBRARY FOR STATE GRANTS AND AID PROVIDING FOR AN APPROPRIATION TO THE DEPARTMENT OF ARTS AND CULTURE IN FISCAL YEAR 2024. I MOVE A DO PASS. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR SANCHEZ. COUNCILOR GROUT. >>COUN. GROUT: THIS IS JUST ACCEPTING $98,000 TO THE NEW MEXICO STATE LIBRARIES TO SUPPORT LIBRARY COLLECTIONS AND EQUIPMENT. I DO URGE YOUR SUPPORT. >>COUN. LEWIS: ANYONE SIGNED UP TO SPEAK? >> NO, MR. PRESIDENT. >>COUN. LEWIS: ADMINISTRATION? >> WE APPRECIATE YOUR SUPPORT OF THIS GRANT. IT'S CRITICAL FOR THE LIBRARIES. >>COUN. LEWIS: ANY OTHERS? DISCUSSION CLOSED. GO TO A VOTE. THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. OPPOSED NO. MOTION PASSES UNANIMOUSLY. ITEM F. COUNCILOR FIEBELKORN AND COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. LET'S SEE. THIS IS BY REQUEST. R-27. ADOPTING AN UPDATED ALBUQUERQUE-BERNALILLO COUNTY COMPREHENSIVE PLAN. I MOVE A DO PASS. >>COUN. LEWIS: MOVED AND SECONDED. ANYONE SIGNED UP TO SPEAK? >> NO, MR. PRESIDENT. >>COUN. LEWIS: ADMINISTRATION? ANYTHING ON THIS? WE GOT AN AMENDMENT. LET'S GO TO THE AMENDMENT. COUNCILOR GROUT. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THAT'S OKAY, MR. PRESIDENT. I'M GOING TO MOVE FLOOR AMENDMENT NUMBER ONE. TO R-24-27. ON PAGE A-72 OF THE CURRENT 2017 COMP PLAN. WE'RE ADDING LANGUAGE. I'LL LET YOU READ IT. IT'S KIND OF LONG. IT'S A TECHNICAL CLEAN UP. WE FOUND AN ERROR AND WE'RE JUST TRYING TO REMEDY THIS. I MOVE A DO PASS ON AMENDMENT NUMBER ONE. >>COUN. LEWIS: MOVEDED AND SECONDED BY COUNCILOR GROUT. ANY DISCUSSION? THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. MOTION PASSES. BACK ON THE BILL. ANY OTHER DISCUSSION? SPONSORS TO CLOSE. COUNCILOR GROUT. >>COUN. GROUT: MR. PRESIDENT, THIS IS THE NEW COMPREHENSIVE PLAN BRINGS TOGETHER OTHER ADOPTED POLICIES INCLUDING THE CLIMATE ACTION PLAN, VISION ZERO ACTION PLAN AND NEAR HEIGHTS AND SOUTHWEST MESA AND ESTABLISHES DEVELOPMENT IN ALBUQUERQUE. I URGE YOUR SUPPORT. >>COUN. LEWIS: THOSE IN FAVOR? MOTION PASSES. COUNCILOR FIEBELKORN. SDMRF THANK YOU, MR. >>COUN. FIEBELKORN: THIS IS APPROVING AND FILING OF GRANT APPLICATION FOR THE 2023 U.S. D.A. FOREST SERVICE URBAN AND COMMUNITY FOREST GRANT FOR THE CONTINUED STEWARDSHIP OF THE URBAN TREE CANOPY. I MOVE A DO PASS. >>COUN. LEWIS: MOVED AND SECONDED BY COUNCILOR SANCHEZ. GO TO THE SPEAKER. >> THANK YOU, MR. PRESIDENT, WE HAVE TAD. >> THANK YOU. NOW, LET'S COMPARE -- BETWEEN EUBANK AND JUAN TABO. MEDIAN ON BOTH SIDES BEAUTIFUL TREES. SHOULD BE PROUD OF IT. NOW, WHAT ABOUT EUBANK? ALL THOSE OTHERS, EVEN ZUNI FROM HOSPITAL ALL THE WAY DOWN TO THE WASHINGTON. LOOKS BETTER THAN ANY OTHER AROUND. LOOK AT CENTRAL. BUNCH OF CRAP. WELL, HERE IS CITY FORCING HOMEOWNERS TO PLANT TREES. NOW LOOK AT WHAT'S GOING ON AT LOS ALTOS BY SWIMMING POOL. NOW THEY DO ONE SIDE OF SWIMMING POOL. SIX BEAUTIFUL TREES. WELL, ISN'T THAT BETTER WAYS TO SAVE SOME TREES? AND GO AROUND LANDSCAPE AND PARKING LOT? ANYWAY, THAT'S CITY LOMAS ACROSS FROM THE FAIR GROUNDS. USED TO BE BEAUTIFUL TREES, WENT DEAD. WHERE IS CITY MANAGEMENT? WHO DECIDING ALL THIS? >>COUN. LEWIS: COUNCILORS, ANY DISCUSSION? R-31. BACK TO COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS A GRANT APPLICATION TO GET MONEY FOR THE CITY TO DO FORESTRY WORK IN THE CITY. I THINK WE UNDERSTAND THE VALUE OF TREE CANOPY. >>COUN. LEWIS: THOSE IN FAVOR SAY YES. OPPOSED NO. MOTION PASSES. ITEM H R-34. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. R-34 REPEALING ARTICLE NINE OF CHAPTER THREE OF THE CODE OF RESOLUTION AND REPLACING IT WITH SUSTAINABILITY RESOLUTION. I MOVE A DO PASS. >>COUN. LEWIS: MOVED AND SECONDED. FLOOR SUB. >>COUN. FIEBELKORN: I THINK WE NEED TO -- NO, I'M SORRY. YES, SIR, WE HAVE FLOOR SUB. I'LL MOVE IT. IT'S FLOOR SUB, R-24-34. YOU HAVE IT IN THE PACKET. THERE'S A COPY IN FRONT OF YOU. THIS IS BASED ON FEEDBACK AND SUGGESTIONS FROM COUNCILOR GROUT. WE WORKED TO GET THAT INTO A FLOOR SUB. I'LL MOVE A DO PASS. >>COUN. GROUT: SECOND. >>COUN. LEWIS: THIS IS THE FLOOR SUB MOVED AND SECONDED. ANYONE SIGNED UP TO SPEAK? >> YES, MR. PRESIDENT. WE HAVE JACKIE FOLLOWED BY SIS. SIS FOLLOWED BY CAMILLA ON ZOOM. >>COUN. FIEBELKORN: I'M BEING TOLD CAMILA IS ON AND NEEDS TO BE ELEVATED. >> SHE HAS. >> I AM THE DIRECTOR OF THE RIO GRANDE CHAPTER OF THE SIERRA CLUB. WE HAVE OVER 5,000 MEMBERS AND SUPPORTERS IN ALBUQUERQUE WHERE I GREW UP. AND I WAS A GRADUATE OF THE ALBUQUERQUE HIGH SCHOOL WHERE I STARTED MY FIRST ENVIRONMENTAL CLUB AND WE WOULD PICK UP THE RECYCLING FROM ALL AROUND THE SCHOOL AND DRIVE IT DOWN TO RIO BRAVO AND RECYCLE IT OURSELVES. THAT'S WHEN I LEARNED YOU CAN HAVE THINGS LIKE A SUSTAINABILITY ORDINANCE TO HELP THE CITY AND OTHER POLITICAL ENTITIES DO THINGS TO MAKE LIFE MORE SUSTAINABLE IN OUR CITY. WHETHER THAT WAS ADDRESSINGP TRANSPORTATION OR CITY DESIGN OR BUILT ENVIRONMENT OR BUYING SUSTAINABLE MATERIALS, BUILDING OUR URBAN TREE CANOPY OR HAVING SUSTAINABLE PROCUREMENT PRACTICES. WHAT DOES SUSTAINABILITY MEAN? IT MEANS TO KEEP LIVING IN THIS GREAT WAY THAT WE DO AND MAKING SURE OUR KIDS WHO ARE ASLEEP IN THE OTHER ROOM CAN DO THAT AS WELL. HAVING HAD THIS SUSTAINABILITY ORDINANCE ON THE BOOKS FOR MANY YEARS, IT'S TIME TO UPDATE IT WITH SOME OF THE GREAT POLICIES THAT WE'RE SEEING COME OUT OF THE CITY. AND WE URGE YOUR SUPPORT. THANKS SO MUCH TO BOTH COUNCILORS FOR BRINGING IT AND FOR ALL OF YOUR WORK TONIGHT. >>COUN. LEWIS: >> THAT CONCLUDES PUBLIC COMMENT. >>COUN. LEWIS: THANK YOU WE'RE ON THE MOTION TO SUBSTITUTE. ANY OTHER DISCUSSION ON THE SUBSTITUTION? >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS JUST INCORPORATING ALL OF THE SUGGESTIONS THAT CAME FROM COUNCILOR GROUT. LOVE TO GET THAT SUBSTITUTED AND WE'LL DEFER. UNTIL THE NEXT MEETING ONCE THIS IS PASS. >>COUN. LEWIS: MOTION AND SECOND TO SUBSTITUTE. THOSE IN FAVOR SAY YES. THOSE OPPOSED NO. MOTION PASSES. COUNCILOR GROUT OR COUNCILOR FIEBELKORN. >>COUN. GROUT: THANK YOU. THANK YOU, MR. PRESIDENT. REVOLUTIONS ARE BASICALLY INSTRUCTIONS FOR THE ADMINISTRATION ABOUT CHANGES WE WOULD LIKE TO SEE IN OUR CITY. I WANTED TO MAKE SURE THESE INSTRUCTIONS ARE CLEAR AND GOALS ARE ACHIEVABLE. I WANTED TO THANK COUNCILOR FIEBELKORN FOR WORKING WITH ME ON THESE. I THINK THIS IS A VERY GOOD INITIATIVE. I THINK IT'S A VERY GOOD RESOLUTION. I THINK VERY GOOD INSTRUCTIONS THAT WE SHOULD TRY TO -- I APPRECIATE HER WILLINGNESS TO AMEND IT AND THE ADMINISTRATION AS WELL. I MOVE DEFERRAL TO MAY 20th. >>COUN. LEWIS: MOTION AND SECOND FOR DEFERRAL. THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. OPPOSED NO. MOTION PASSES. AND THERE BEING NO FURTHER BUSINESS, MEETING IS ADJOURNED.