THE E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E . >>COUN. DAVIS: FOLKS, GOOD EVENING AND WELCOME TO, WHATEVER TODAY IS. MAY 1st EDITION OF THE 25th CITY COUNCIL. ALL ALL OF THE COUNCILORS ARE PRESENT OR WILL BE WITH US SHORTLY. COUNCILOR PEÑA WILL BE JOINING BY ZOOM LATER AND SHE'LL BE EXCUSED IF WE VOTES ON THE RECORD UNTIL THEN. BECAUSE WE A ZOOM ATTENDEE, WE'LL HAVE TO DO ROLL CALL VOTES. WE'LL WORK WITH THE CLERK TO GET THOSE COUNTS. MADAM VICE-PRESIDENT, TAKE US AWAY. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. MOMENT OF SILENCE. I'M GOING TO ASK COUNCILOR BASSAN TO LEAD US IN THE PLEDGE OF ALLEGIANCE IN ENGLISH AND COUNCILOR SANCHEZ IN 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. [ INAUDIBLE ] >>COUN. GROUT: THANK YOU. CISCIC PLAZA PARKING PASSES ARE PROVIDED FOR MEMBERS OF THE PUBLIC. YOU CAN OBTAIN A PARKING PASS FROM COUNCIL STAFF AT THE TABLE NEAR THE CHAMBER ENTRANCE. MEMBERS OF THE PUBLIC, CITY STAFF AND MEDIA HAVE THE ABILITY TO VIEW THIS MEETING IN PERSON AND ON LIVE STREAM THROUGH FOUR DIFFERENT PLATFORMS. GOVTV ON COMCAST CHANNEL 16. THE GOVTV WEBSITE. YOU TUBE, AND ZOOM WEBINAR. THE LIVE STREAMS CAN BE ACCESSED FROM MOST SMART PHONES, TABLETS OR COMPUTERS. ALSO, THIS MEETING IS CLOSED CAPTIONED AND YOU NAY ENABLE THE CLOSED CAPTIONING SERVICES ON YOUR TELEVISION OR DEVICE AT THIS TIME. THE VIDEO RECORDING OF THIS AND ALL PAST COUNCIL MEETING WILL REMAIN AVAILABLE FOR VIEWING AT ANY TIME ON THE CITY COUNCIL WEBSITE. COUNCIL STAFF IS AVAILABLE VIA TELEPHONE HAD IF MEMBERS OF THE PUBLIC NEED ASSISTANCE FINDING THE VIDEOS ONLINE. PLEASE CALL 505-768-3100 DURING BUSINESS HOURS MONDAY THROUGH FRIDAY 8 TO 5 P.M. THE COUNCIL WILL TAKE A BREAK AT APPROXIMATELY 7 P.M., IF NEEDED. WITH REGARD TO DECORUM IN THE CHAMBERS, WE WANT TONIGHT'S PROCEEDINGS TO BE AS CIVIL AND RESPECTFUL AS POSSIBLE. PLEA DO NOT MAKE ANY PERSONAL ATTACKS OR APPLAUSE OR OUTBURSTS DURING THE MEETING. THE MEETING WILL GO A LOT SMOOTHER IF WE'RE RESPECTFUL OF ONE ANOTHER. PROCLAMATIONS AND PRESENTATIONS. COUNCILOR LEWIS. >>COUN. LEWIS: WE HAVE A PROCLAMATION. THE FOLKS THAT ARE HERE FOR THAT. REGARDING THE ENVIRONMENTAL HEALTH AND AIR QUALITY BOARD. >> THERE WAS A POIR -- POWER POINT PRESENTATION. I DON'T KNOW IF IT GOT LOADED. >>COUN. LEWIS: DO WE HAVE THAT PRESENTATION LOADED? I BELIEVE COUNCILORS HAVE COPIES OF THAT. >> OKAY. >> OKAY. THIS IS JUST MY COPY. MY NAME IS PAUL, I HAVE BEEN AN AIR CONSULTANT FOR MORE THAN 29 YEARS. AND ALBUQUERQUE RESIDENT FOR MORE THAN 40. I WANT TO THANK COUNCILOR LEWIS FOR INVITING ME T DISCUSS THE PROPOSAL ENVIRONMENTAL AIR QUALITY REGULATION AND THE EFFECTS ON BUSINESS GROWTH IN BERNALILLO COUNTY. I'M HERE TO REPRESENT THE MATERIALS INDUSTRY SUCH AS ASPHALT, CONCRETE, AND AGGREGATE. THE AIR QUALITY PERMITTING PROCESS INCLUDES DETERMINE NOTHING OPERATION RATES, AND AREAS PROPOSED. ONCE THE EMISSION RATES ARE CALCULATED THEY'RE INPUT INTO EPA MODEL TO DETERMINE IMPACT TO THE PUBLIC FROM POLLUTANTS THAT HAVE AN AIR QUALITY STANDARD. THE DISPOSAL MODEL PERFORMS AN IMPACT ANALYSIS INCLUING THE MAXIMUM POLLUTANTD FOR WORD. IF YOU GIVE US A SUMMARY AND FOLKS CAN ASK QUESTIONS, THAT'S MUCH BETTER USE OF THE TIME. UNFORTUNATELY UNFORTUNATELY, WE'RE NOT GOING TO BE ALLOW A PROLONGED DISCUSSION. >>COUN. LEWIS: MR. PRESIDENT. THERE'S LIKE THREE OR FOUR SLIDES. I KNOW IT LOOKS LIKE A LONGER PRESENTATION. THE BULK ARE MAPS AND SLIDES. >>COUN. DAVIS: I THINK THAT'S FINE. READING WORD FOR WORD IS GOING TO TAKE A LONG TIME. >>COUN. LEWIS: COUPLE MORE SLIDES. THANKS. >> WE'LL SKIP FORWARD TO THE MAPS. THE DEFINITION OF OVERBURDENED COMMUNITY MEANS ANY CENSUS TRACT WHERE THE COMBINED EMISSION PERMIT FROM ALL SOURCES ARE TEN TIMES HAZARDOUS OR 25 TIMES COMBINED. THAT IS THE DEFINITION IN THE PROPOSAL REGULATION FOR OVERBURDENED COMMUNITY. AND PERMITS SHALL BE DENIED IF IT MEETS DEFINITION OF OVERBURDENED COMMUNITY WHERE THE PERMIT WANTS TO BE LOCATED. THE FIRST MAP SHOWS ALL THE CENSUS TRACT THAT MEAD THE DEFINITION SHADED BROWN DUE TO EXCEEDING COMBINED EMISSION RATE FOR CRITERIA, POLLUTANTS GREATER THAN 25 TIMES PER YEAR. REMINDER THAT CONTIGUOUS ARE ALSO CONSIDERED ON OVERBURDENED COMMUNITY. THIS MAP SHOWS THE CENSUS TRACK THAT MEETS THE DEFINITION OF THE COMMUNITY SHADED BROWN DUE TO COMMISSIONS GREATER THAN TEN TO CONSIDERED AN OVERBURDENED COMMUNITY WITH REFLECTED BUSINE GOING TO IMPACT. IT SOUNDS LIKE IT'S QUITE A FEW BUSINESSES OR A FEW DIFFERENT TYPES OF BUSINESSES. CAN YOU EXPAND ON THAT? >> THE ZONING MAPS THAT I SHOWED MARK OUT BUSINESS PARKS, COMMERCIAL ZONING, GENERAL MANUFACTURING LIGHT MANUFACTURING, THOSE ARE THE ONES WE IDENTIFIED WEAN -- WHEN WE CREATED THIS OVERLAY. >>COUN. SANCHEZ: ANY RESTAURANTS OR ANYTHING LIKE THAT? >> I DON'T THINK. WE WEREN'T TRYING TO LOOK AT RESTAURANTS. WE'RE LOOKING MORE OF INDUSTRY, BUSINESSES THAT MAY COME INTO ALBUQUERQUE AND WANTED TO LOCATE HERE. EVEN IF IT'S A GENERAL MANUFACTUING FACILITY. >>COUN. SANCHEZ: OKAY. THANK YOU. >>COUN. GROUT: ANY OTHER QUESTIONS? COUNCILOR LEWIS. >>COUN. LEWIS: MADAM VICE-CHAIR, SINCE THE QUESTION WAS ASKED OF THE CITY ATTORNEY, THERE IS NO -- AS FAR AS THIS BEING BROUGHT UP, EITHER ON THE COUNCIL AGENDA TONIGHT OR A PRESENTATION BY FOLKS FROM OUR COMMUNITY, I BELIEVE THAT OUR LEGAL WOULD SAY THERE'S ABSOLUTELY NOTHING IN APPROPRIATE ABOUT THIS BEING DISCUSSED. IF THE CITY ATTORNEY KNEW OUR RULES OF PROCEDURE AND FOR THE CITY COUNCIL, I'M NOT ASKING YOU TO WEIGH IN ON THAT. I THINK THERE'S NOTHING INAPPROPRIATE ABOUT A TOPIC LIKE THIS, ESPECIALLY A TOPIC THAT AFFECTS BUSINESS, ECONOMY, AND POLICY THAT'S BEFORE THE AIR QUALITY BOARD THAT WITH MEMBERS WE APPOINTED. CERTAINLY THERE'S NOTHING EX-PARTED -- EX PARTE. THERE'S NOTHING WE CANNOT TALK ABOUT OR DISCUSS. LATER ON THE COUNCIL HAS AN OPPORTUNITY TO WEIGH IN ON THIS AND MAKE SOME OPINIONS ON IT. CERTAINLY, THE ADMINISTRATION DOES TOO. IN FACT, I THINK IT'S EXTREMELY IMPORTANT FOR THE ADMINISTRATION TO WEIGH IN ON THIS INCREDIBLY RESTRICTIVE PROPOSAL THAT WILL HURT OUR ECONOMY TREMENDOUSLY. AND BY THE WAY, I CAN THINK OF A WHOLE LOT OF OTHER TOPICS THIS COUNCIL DEALS WITH NIGHT AFTER NIGHT THAT'S ABSOLUTELY WORTH -- WORTHLESS COMPARED A TOPIC LIKE THIS. MR. WADE, THANK YOU FOR COMING DOWN. >>COUN. GROUT: THANK YOU. ANY OTHER QUESTIONS? COUNCILOR BASSAN. >>COUN. BASSAN: MADAM VICE-PRESIDENT, I WOULD LIKE TO READ A PROCLAMATION THAT WAS BEGUN BY COUNCILOR PEÑA WHO IS REMOTE TONIGHT. TODAY IN THE CHAMBERS, ACCEPTING THE PROCLAMATION FOR PROFESSIONAL MUNICIPAL CLERK'S WEEK, WE HAVE ETHAN WATSON, THE CITY CLERK. MARION DEEMER, CAMILLE CHAVEZ, AND ASHLEY SANTISTEVANA. I WANT TO ALSO RECOGNIZE MANDY FROM COUNCIL STAFF THAT PERFORMS MANY FUNCTIONS OF THE MUNICIPAL CLERK. WHEREAS THE OFFICE OF THE PROFESSIONAL MUNICIPAL CLERK A TIME HONORED AND VITAL PART OF LOCAL GOVERNMENT EXISTS THROUGHOUT THE WORLD, AND THE OFFICE OF MUNICIPAL CLERK IS THE OLDEST AMONG PUBLIC SERVANTS, AND WHEREAS THE OFFICE OF THE PROFESSIONAL MUNICIPAL CLERK PROVIDES THE LINK BETWEEN THE CITIZENS, LOCAL COMBUFB RNG BODIES, AND WHEREAS PROFESSIONAL MUNICIPAL CLERKS HAVE PLEDGED TO BE EVER MINDFUL OF THE NEUTRALITY AND IMPARTIALITY RENDERING EQUAL SERVICE TO ALL. WHEREAS IT SERVES AS THE INFORMATION CENTER ON FUNCTIONS OF LOCAL GOVERNMENT AND COMMUNITY. WHEREAS PROFESSIONAL MUNICIPAL CLERKS CONTINUALLY STRIVE TO IMPROVE THE AFFAIRS OF THE OFFICE THROUGH PARTICIPATION AND EDUCATION PROGRAMS, SEMINARS AND ANNUAL MEETINGS OF THE STATE, COUNTY, AND INTERNATIONAL ORGANIZATIONS. AND WHEREAS IT IS MOST APPROPRIATE WE RECOGNIZE THE ACCOMPLISHMENTS OF THE OFFICE OF THE PROFESSIONAL MUNICIPAL CLERK. BE IT PROCLAIMED, THE CITY COUNCIL PROCLAIMS APRIL 30 THROUGH MAY 6 AS PROFESSIONAL MUNICIPAL CLERK'S WEEK. THANK YOU FOR BEING HERE. THANK YOU FOR ALL THAT YOU DO. IF YOU WOULD LIKE TO SAY ANYTHING, YOU'RE WELCOME TO. >> COUNCIL PRESIDENT, COUNCILOR BASSAN, THANK YOU FOR THE RECOGNITION. PROFESSIONAL MUNICIPAL CLERKS IS A HALLOWED WEEK IN THE LIFE OF A PROFESSIONAL CLERK. WE'RE EXCITED THE COUNCIL IS RECOGNIZING THIS HOLIDAY. WE DO -- WE'RE VERY BUSY. WE'RE ABOUT TO START THE ELECTION CYCLE. THE RECORDS MANAGEMENT RESPONSIBILITY AND OUR HEARING OFFICE DO KEEP US BUSY THROUGHOUT THE YEAR. WE'RE EXCITED FOR THE COUNCIL TO HIGHLIGHT OUR WORK. WE HELD HUNDREDS OF HEARINGS LAST YEAR. WE SCANNED OVER ONE MILLION RECORDS LAST YEAR FOR THE FIRST TIME EVER. AND RESPONDED MORE THAN 10,000 PUBLIC REQUESTS. IT'S BEEN A BUSY YEAR. WE'RE LOOKING FORWARD TO WHAT COMES THIS YEAR. >>COUN. BASSAN: I JUST WANT TO CHALLENGE ANYONE TO SAY PROFESSIONAL MUNICIPAL CLERKS THREE TIMES FAST. AGAIN, THANK YOU SO MUCH FOR ALL THAT YOU DO FOR THE CITY. [ APPLAUSE ]. >>COUN. GROUT: MR. PRESIDENT. THANK YOU, ALL. COUNCILOR BENTON. >>COUN. BENTON: THANK YOU, MADAM VICE-PRESIDENT. NEXT, WE HAVE A PRINTATION BY LIEUTENANT PATTERSON AND SERGEANT NELSON FROM THE TRAFFIC DIVISION. REGARDING THE NOISE CAMERA PILOT PROGRAM. >> GOOD EVENING, MR. PRESIDENT, COUNCIL. I'M FROM THE METRO DIVISION. WE'RE TASKED WITH GAEGS -- RESEARCHING THE SPEED -- THE NOISE CAMERAS FOR THE CITY. WE'RE ABLE TO LOCATE THREE CITIES THAT CURRENTLY USE THOSE CAMERAS. THEY WERE TENNESSEE, AND NEW YORK, AND COLORADO. THEY'RE IN USE IN THE UK, THEIR DUE PROCESS RULES DON'T GO WITH AMERICAN STANDARDS SO WE DIDN'T DIVE INTO THEIR WAY OF ISSING VIOLATIONS. IT'S IMPORTANT TO REALIZE OUT OF THE THREE CITIES WE LOOKED AT, A LOT OF THIS IS IN THE DEVELOPMENTAL STAGE FOR THE NOISE CAMERAS. KNOXVILLE, TENNESSEE WAS CONDUCTING A ONE-MONTH PILOT PROGRAM COLLECTING DATA. THEY DID NOT ISSUE CITATIONS DURING THE TIME PERIOD. THE NEXT BIG ONE THAT DID GO WAS NEW YORK. IT DOES HAVE AN ACTIVE PROGRAM. IT'S NOT RAN BY THE POLICE DEPARTMENT. IT'S THROUGH THE ENVIRONMENTAL HEALTH DEPARTMENT. AND THE WAY THEY ISSUE CITATIONS, IF A VEHICLE COMES THROUGH IT'S ISSUED A NOTICE. THAT VEHICLE HAS TO COME IN AND DO AN INSPECTION. IF IT SHOWS IT WAS THE ONE THAT HAD THE NOISE VIOLATION, IT'S ISSUED A FINE. DO YOU WANT TO GO THROUGH THE SLIDE? I APOLOGIZE. GO TO THE NEXT SLIDE, SIR. AND ONE MORE. I APOLOGIZE. THEY'RE LOOKING FOR NOISE CAMERAS. THEY WANTED TO FREE UP SWORN OFFICER'S TIME AND THAT PILOT PROGRAM WAS HELD BY THE CITY POLICY TEAM. THE KNOXVILLE POLICE DEPARTMENT WAS NOT INVOLVED AT ALL. NEXT SLIDE. THEY'RE USING THE INTELLIGENT INSTRUMENTS LIMITED, THAT'S A COMPANY RAN OUT OF THE UNITED KINGDOM. THEY HAD A TRIAL PERIOD FOR 0 DAYS AND -- 30 DAYS AND LOOKING TO PURCHASE MORE IN THE FUTURE. NEXT SLIDE, SIR. DURING THAT PILOT PROGRAM, KNOXVILLE DID NOT ISSUE CITATIONS, THEY USED THAT FOR DATA COLLECTION. AND THEY'RE LOOKING AT TRYING TO DEVELOP A SYSTEM TO ISSUE CITATIONS IN THE FUTURE. NEXT SLIDE. ONE MORE. ONE MORE. ALL RIGHT. APPROXIMATELY 75% OF NOISE EVENTS TRIGGERED A PICTURE OF THE LICENSE PLATE. THE CAMERA WAS ENABLED TO DEFINITIVELY IDENTIFY THE OFFEND ER, OR MULTIPLE VEHICLES. IF WORKS GREAT IF THERE'S ONE VEHICLE, BUT IF THERE'S TWO IT CAN'T DIFFERENTIATE BETWEEN THE TWO. WITH THOSE CITATIONS, IF THERE'S MULTIPLE VEHICLES THEY'RE TAKEN OUT OF THE QUEUE AND NOT REVIEWED CITATIONS FOR THOSE VEHICLES. THE CAMERAS DO NOT PICK UP VOICE CONVERSATIONS OR MUSIC. THEY HAD CONCERNS HAVING THE ABILITY TO HEAR PEOPLE TALK OR HEAR MUSIC COMING FROM THEM. THEY DON'T HAVE THAT TECHNOLOGY. JUST FOR THE COUNCIL'S AWARENESS. THEY DO HAVE THE CUSTOMER SUPPORT, BUT THERE'S A SEVEN-HOUR TIME DIFFERENCE BETWEEN US AND THE UNITED KINGDOM. I BELIEVE SERGEANT OAKS HAD TO MAKE A PHONE CALL AT 3 A.M. TO TALK TO SOMEBODY IN THE UK. NEXT SLIDE. THEY DO HAVE THEIR CITY ORDINANCE FOR NOISE VIOLATIONS. THEY PLACE A DECIBEL LEVEL AND VEHICLE SPEED. I BELIEVE THAT'S SIMILAR TO ONE OF THE VARIATIONS WE HAVE IN THE CITY OF ALBUQUERQUE BASED OFF OF DECIBEL LIMIT. NEXT SLIDE. COLORADO. IT WAS BASED OFF OF CITY COUNCIL AND CITIZEN CONCERNS OF NOISE COMPLAINTS IN THE AREA. AND THEY ALSO HAVE THE INTENT OF FREEING UP FIELD OFFICERS FOR OTHER POLICE DUTIES. NEXT SLIDE. ALSO WITH THE INTELLIGENT INSTRUMENTS LIMITED IN THE FALL OF 2022. THEY HAD TWO CAMERAS THEY TESTED. ONE ON A FOUR-LANE FREEWAY AND ONE ON A TWO-LANE ROAD. THEIR TRIAL PERIOD LASTED ONE MONTH AND THEY'RE LOOKING AT TRYING TO FIND A SECOND VENDOR DUE TO AN ADDITIONAL TRIAL. NEXT SLIDE. LONGMONT DID NOT ISSUE CITATIONS. THEY DID COLLECT DATA AND USED THAT TO SUPPLEMENT POLICE PATROL AND USE THAT TO SEND OFFICERS INTO HIGH CRIME AREAS WHERE THEY HAVE LIVE ENFORCEMENT. IT IS IN THE DEVELOPMENT PROCESS. TO ISSUE CITATIONS TO VIOLATORS. THEY DON'T HAVE ANYTHING IN PLACE. THEY DON'T HAVE A DUE PROCESS PLAN IN PLACE FOR HOW TO ISSUE CITATIONS FOR NOISE VIOLATION. THAT SEEMS TO BE A COMMON THREAD WE NOTICED IN RESEARCH. THEY'RE WORKING WITH THE CITY ATTORNEY'S OFFICE TO DEVELOP THE DUE PROCESS PLAN. AGAIN, THEY UTILIZED THE DECIBEL LEVEL. THEY'RE SET AT 90 DDECIBEL. DEALING WITH MULTIPLE VEHICLES TRAVELING, SIMILAR TO WHAT WE SAW IN KNOXVILLE. AND ALSO CAMERA PLACEMENT. THEY HAD ISSUES WITH CAMERA PLACEMENT AND THE SUN NOT BEING ABLE TO IDENTIFY LICENSE PLATES. AND THEY SAW ABOUT A 10% RATE OF SUCCESS ON A FOUR-LANE FREEWAY ISSING WHAT WOULD HAVE BEEN A CITATION. ON A TWO-WAY ROADWAY THEY'RE SEEING A 33% RATE OF SUCCESS ON ISSING A CITATION WITH CERTAIN DATA. WE HAVE TWO CITY ORDINANCES. FIRST IS NOISE ORDINANCE THAT SETS THE STANDARD FOR ACCEPTABLE DECIBEL LEVEL. SECOND WAS SIMILAR TO UNREASONABLE NOISE WHERE IT SETS A STANDARD FOR POLICE OFFICER TO GET A SENSE OF POSITION AND THE TYPE OF NOISE BEING EXTENDED. THE TYPE OF NOISE FROM THE LICENSED VEHICLE, YOU'RE LOOKING AT 300 FEET. THAT'S THEIR CRITERIA. NEXT SLIDE. NEW YORK, NEW YORK, LIKE I MENTIONED THEY HAVE THE MOST ROBUST PROGRAM. BUT THEY'RE RUNNING OUT OF THE ENVIRONMENTAL PROTECTION AGENCY. CAMERA ACTIVATES WHEN IT DETECTS NOISE AT 50 FEET OR MORE AT THE 85 DECIBEL LEVEL. THERE'S NOTICE TO APPEAR FOR VEHICLE INSPECTION, AND IF IT PASSES THERE'S NO FINE. WE DID NOTICE IN OUR REVIEW THERE'S SEVERAL VIDEOS OF PEOPLE GOING THROUGH AND CHEATING THE INSPECTION PROCESS SO THEY'RE NOT HAVING TO PAY THE FINES. THAT'S SOMETHING WE'RE GOING TO HAVE TO LOOK AT MORE. AND THE DEVELOPMENT OF DEPARTMENT ENVIRONMENTAL PROTECTIONS TO DEAL WITH THE SAFETY OF THE AREA AND NOISE CODE. IT THE POLICE DEPARTMENT IS NOT INVOLVED IN THAT PROCESS. THEY'RE ALSO USING THE INTELLIGENT INSTRUMENTED LIMITS. BASED ON THE CONTRACT, THEY HAVE 2,000 NOISE EVENTS CAPTURED. 63% OF THOSE WERE FOUND TO BE MOTORCYCLE AND OUT OF THE 2,000 THEY EVENTS THEY ISSUED 243 VEHICLES ISSUED CITATION. WE'RE SEEING ABOUT 11% SUCCESS RATE WITH THE NOISE CAMERAS. WE'RE ABLE TO LOCATE TWO VENDORS. THE INTELLIGENT INSTRUMENTS SWITCH -- WHICH IS THE PRO DOMINANT, AND THERE'S LOCAL ONE CALLED NOT ALLOWED. STARTING WITH INTELLIGENT INSTRUMENTS, THEY STARTED IN SEPTEMBER 2022 IN THE UK. THEY DO AUDIO, NOISE LEVEL, AND VIDEO IN TWO DIRECTIONS. THEY'RE WORKING ON A SECOND GENERATION CAMERA THAT IS SUPPOSED TO INCREASE ACCURACY. BUT THAT'S STILL IN THE DEVELOPMENTAL PROCESS. WHEN AN EVENT IS TRIGGERED IT SENDS AN EMAIL THROUGH AND THAT EVENT IS REVIEWED BY A PERSON TO SEE IF IT FITS THE CRITERIA AND ACCEPTED OR REJECTED. IT HAS THE HUMAN COMPONENT TO SEE IF IT'S GOING TO BE APPROVED. SIMILAR TO, THEY DO WIRELESS TRANSFER OF DATA TO SOFTWARE PROGRAM THEY HAVE WITH ANOTHER VENDOR. THAT'S AN ADDITIONAL COST. THEY ISSUE THE CITATION FOR THE VIOLATIONS. THEIR PRICING. FOR A FUEL WEEK TRIAL IT'S $1500. THAT COSTS THE SHIPPING FROM THE UK TO THE UNITED STATES. AND PROM OUR PERSONNEL TO INSTALL IT. THEY DO THAT REMOTELY. AFTER THAT WE, WE RENT THE CAMERA. IT'S $4,400 MONTHLY. IT'S ABOUT $32,000 PERCAMERA. WITH A $500 A MONTH SERVIING FEE. THAT IS FOR THE CAMERA ONLY, THAT IS NOT FOR THE SOFTWARE TO ISSUE CITATIONS GOING FORWARD. THE CITY IS RESPONSIBLE FOR POWER AND PROVIING FAILURE DATA TO THE TRANSFER OF THE INFORMATION. THE LOCAL COMPANY, NOT AALLOWED LLC IS OWNED BY A PROFESSOR OF UNM. HE IS CONDUCTING TESTS. HE'S ABLE TO MONITOR ONE LANE AND PULLS THE INFORMATION MANUALLY. WHEN WE SPOKE TO HIM, HE DOES NOT HAVE THUBALITY TO USE THE INTERNET TO SEND DATA. WE HAVE BEEN IN TALKS WITH THE AUTOMATED SPEED. THEY'RE IN INFANT STAGES OF THE NOISE PROGRAM. I OPEN UP FOR ANY OTHER QUESTIONS. >>COUN. GROUT: THANK YOU. COUNCILORS, ANY QUESTIONS? COUNCILOR BENTON. >>COUN. BENTON: THANK YOU FOR THE INFORMATION. AND THANKS FOR THE REPORT. SERGEANT. IT SOUNDS LIKE NEW YORK HAS THE MOST ROBUST PROGRAM, IT'S NOT EVEN LAW ENFORCEMENT CONNECTED. AND IT'S INTERESTING BECAUSE I THINK WHEN COUNCILOR BASSAN AND COUNCILOR PEÑA AND I HEARD FROM A SUBJECT MATTER EXPERT FROM ROSWELL, I THINK IT WAS ROSWELL PD AND A GUY WHO WEARS TWO HATS. HE'S A CERTIFIED MECHANIC AND RETIRED PROCESS -- ROSWELL PD TRAFFIC OFFICER. HIS TAKE WAS WE MIGHT TO LOOK IN THE REALM OF THERE'S AN INSPECTION NOTICE WHERE THEY HAVE TO BRING THE VEHICLE IN. THEY'RE NOT ISSING A TICKET. THEY JUST SAY YOU HAVE TO BRING THE VEHICLE IN AND WE'RE GOING TO CHECK IT. WE HAD GOOD DISCUSSIONS AROUND THAT. WITH THAT GENTLEMAN. AND THAT MIGHT BE A TIE INTO THE COUNY EMISSIONS PROGRAM. WE'VE GOT SOME THINGS WE'RE DOING ALREADY WHERE THERE COULD BE A TIE IN TO THIS KIND OF WORK. IT SOUNDS LIKE THE TECHNOLOGY IS PRETTY LIMITED. THIS UNITED KINGDOM OUTFIT IS ALMOST THE ONLY TECHNOLOGY, BESIDES THE LOCAL GUY WHO IS ALSO INVOLVED WITH THEM. I THINK IT'S IMPORTANT INFORMATION. WE APPRECIATE IT. AND, YOU KNOW, IT'S A PRETTY LOW DOLLAR FOR A TRIAL. I THINK THE TRIALS IN OTHER CITIES ILLUSTRATED THE SAME THING WE'RE GOING TO FIND OUT AT THIS POINT WITH THE TECHNOLOGY. APPRECIATE IT. >>COUN. GROUT: THANK YOU. ANY OTHER QUESTIONS? THANK YOU. STWRK -R ADMINISTRATION QUESTION AND ANSWER PERIOD. SDMRF . >>COUN. FIEBELKORN: I HAVE QUESTION ON THE RE-SIGNING OF THE PARIS CLIMATE ACCORD. I'M NOT SURE WHO IS HERE TO ANSWER QUESTIONS. THANK YOU. YOU KNOW, I WAS SURPRISED ON EARTH DAY TO SEE THE MAYOR HAD RESIGNED THE CLIMATE ACCORD. WE SIGNED IT FOUR YEARS AGO. WHAT PROGRESS HAS BEEN MADE IN OUR GREENHOUSE GAS EMISSIONS FOR THE CITY SINCE THAT FIRST SIGNING? >> I APPRECIATE THE INTEREST. OBVIOUSLY, THE MAYOR DID SIGN THE CLIMATE MAYOR'S NATIONAL ACTION AGENDA. THAT COMMITS TO US TO REDUCING THE GROWN HOUSE EMISSIONS OVER THIS ADMINISTRATION AND GOING FORWARD. OUR SUSTAINABILITY OFFICER IS OUT OF TOWN AND UNABLE TO BE HERE TONIGHT. I WILL TRY TO ANSWER WHAT WE'VE DONE. AS YOU KNOW LAST FALL WE INTRODUCED AND SUBMITTED OUR FIRST CLIMATE ACTION PLAN. THAT DISCUSSES THE AREAS IN WHICH WE'RE TRYING TO REDUCE GREENHOUSE GAS EMISSIONS. THE SIX MAIN AREAS WE'RE TRYING TO DO THAT IN. 55% OF GREENHOUSE GAS EMISSIONS COME FROM BUILDING AND ENERGY USED TO POWER THE BUILDINGS. WE'RE TRYING TO FOCUS ON WHAT WE'RE DOING REGARDING ENERGY EFFICIENCY AND TRYING TO INTRODUCE ENERGY EFFICIENT PROGRAMMING WHILE DOING NEW BUILDINGS AND UPGRADING SITES. IN TERMS OF HOW MUCH WE'VE HAD IMPACT, THE SUSTAINABILITY TEAM IS EVALUAING THAT. THEY HAVE BETTER NUMBERS THAN I HAVE. AND BE ABLE TO MEET WITH YOU AT ANY TIME TO GO THROUGH EXAMPLES. I KNOW OUR FOCUS IN GREENHOUSE GAS EMISSIONS IN OUR BUILDINGS HAVE ACCUMULATED OVER 100,00 CO 2RBGS SAVINGS. >>COUN. FIEBELKORN: THANK YOU, MADAM VICE-PRESIDENT. YOU WOULD SAY THE MAJORITY OF THE FOCUS OF OUR EMISSIONS REDUCTION IS CITY-OWNED BUILDINGS? >> THAT'S OUR EFFORTS WE'RE PUTTING MONEY TOWARD. THERE ARE OTHER EFFORTS GOING ON THROUGHOUT THE CITY WE'RE TRYING TO MEET WITH SUSTAINABILITY PARTNERS TO UNDERSTAND BETTER WHAT THEY'RE DOING SO WE CAN CAPTURE THE DAA AND INCLUDE IT IN ANY REDUCTION WE'RE PUTTING FORTH. MEETING WITH THE PARTNERS WE HAD IN THE COMMUNITY STARTED LAST FALL. WITH THE SUSTAINABILITY TEAM MEETING QUARTERLY WITH OUR PARTNERS AND TRYING TO GET DATA FROM THEM ON WHAT IT IS THEY'RE TRYING TO DO IN THE COMMUNITY WHILE WE FOCUS ON OUR CANOPY. >>COUN. FIEBELKORN: THANK YOU, MADAM VICE-PRESIDENT. I SPECIFICALLY ASKED FOR A PERCENTAGE REDUCTION IN GREENHOUSE GASSES FROM THE CITY'S CLIMATE ACTION SINCE THE ORIGINAL ACCORD WAS SIGNED, DID WE NOT HAVE THAT INFORMATION TONIGHT? >> I DON'T HAVE THAT INFORMATION WITH ME. IT'S UNAVAILABLE. WE'LL BE HAPPY TO MEET WITH YOU AND SHARE THE DATA. >>COUN. FIEBELKORN: I'VE HAD THAT QUESTION OUT SOME TIME. I SUBMITTED THAT IN ADVANCE. I WAS EXPECTING ACTUAL ANSWERS TO MY QUESTION. REAL QUICKLY, SINCE WE AGREE BUILDINGS ARE THE LARGEST SOURCE OF GREENHOUSE GASSES IN ALBUQUERQUE, DOES THE CITY HAVE A BUILDING POLICY IN PLACE? >> ELECTRIC POLICY? YES, WE HAVE STANDARDS AND GUIDELINES THROUGH THE ENERGY AND SUSTAINABILITY OFFICE. BALANCING THE RESOURCE AND INFORMATION NETWORK, WE TRACK THE USAGE THROUGHOUT THE BUILDING. WE HAVE PUT IN PLACE STANDARDS REQUIRED TO BE PUT IN PLACE ANY TIME THEY'RE RETRO FITTED OR BUILT. >>COUN. FIEBELKORN: SO, THERE'S NO BUILDING ELECTRICIFICATION POLICY IN PLACE. I WENT A TO BUILDING BUILT BY THE CITY OF ALBUQUERQUE. IT'S STILL USING FOSSIL FUELS. A PLAN WOULD BE ALL NEW BUILDINGS WOULD BE ELECTRIC ONLY AND RETRO FIT OUR BUILDINGS TO BE ELECTRIC ONLY. WE HAVE A FLEET PLAN IN PLACE. HOW MANY ELECTRIC VEHICLES HAVE BEEN BOUGHT BY THE CITY OF ALBUQUERQUE? DOES ANYBODY KNOW? ANYTHING FROM THE ADMINISTRATION ABLE TO ANSWER THE QUESTIONS? >> WE'VE PURCHASED TEN. HYBRID, MORE THAN 150 SINCE WE STARTED. >>COUN. FIEBELKORN: TEN, OKAY. HOW MANY ELECTRIC BUSES DO WE HAVE IN PLACE? >> FIVE BUSES WERE BOUGHT ABOUT A YEAR AGO. >>COUN. FIEBELKORN: WHAT BUILDING CODE ARE WE ON? THE 2018 ENERGY NATIONAL CONSERATION CODE? YES, WE ARE. DID THE CITY ON ITS OWN PARTICIPATE IN THE IMPACT PLANNING AT THE AIR QUALITY CONTROL BOARD? DID THEY PUT FORWARD A PROPOSAL TO ADDRESS THIS ISSUE WHICH IS BEFORE THE AIR QUALITY BOARD RIGHT NOW? THAT DEALS WITH ENVIRONMENTALAL JUSTICE AND FIGHTING CLIMATE CHANGE. DO WE A CITY PROPOSAL ON THAT ISSUE? ANYBODY? >> MR. PRESIDENT, COUNCILOR, I WOULD DEFER TO OUR ENVIRONMENTAL HEALTH DIRECTOR TO SEE WHAT PROPOSALS WE MAY OR MAY NOT HAVE MADE TO THE BOARD. >> COUNCIL PRESIDENT, COUNCILOR FIEBELKORN, YEAH, THE ANSWER TO YOUR QUESTION, WE HAVE REGULATION WE HAVE DRAFTED. WITHIN THE DEPARTMENT. ONE THING THAT HAPPENED IS THAT PETITION WENT AHEAD OF US. WE'RE TRYING TO FIGURE OUT, WE'VE NEVER SEEN DUAL PETITIONS BE HEARD BY THE AIR BOARD. WE'RE WORKING WITH INCOMMUNITY AND BUSINESSES TO TRY TO BRING THEM TOGETHER. AS WE GO FORWARD WITH THE HEARING, IT'S ESSENTIALLY BRINGING EVERYBODY'S IDEAS INTO WHAT WE THINK WOULD BE A MODIFFED VERSION. >>COUN. FIEBELKORN: I'M GLAD TO HEAR WE'RE DOING SOMETHING. I WANT TO SAY VERY CLEARLY, AND I WOULD LIKE MY QUESTIONS ANSWERED AS SOON AS POSSIBLE, WE CANNOT CONTINUE TO RE-SIGN CLIMATE ACCORDS AND SAY WE'RE DOING THINGS WHEN WE'RE NOT. WE HAVE, FROM WHAT I CAN TELL, AND I WAS AN ADVISOR TO THE CLIMATE ACTION PLAN AND I ASKED THE QUESTIONS EVERY SINGLE TIME I SPEAK TO SOMEBODY THAT WORKS IN THE CITY, WE HAVE A POLICY THAT WE'RE GOING TO TRY TO GET TO 100% RENEWABLE ENERGY FOR THE CITY-OWNED BUILDING. WE HAVE NO POLICY TO GET RID OF FOSSIL FUEL USE, NO POLICY TO ELECTRIFY TRANSPORTATION, AND WE'RE BEHIND THE CURVE OF GETTING TOGETHER A RULE MAKING FOR THE AIR QUALITY CONTROL BOARD TO DEAL WITH THE DRASTIC ENVIRONMENTAL CONSEQUENCES OF NOT HELPING THOSE FOLKS IN FRONT LINE COMMUNITIES THAT HAVE SERIOUS HALITY PROBLEMS DUE TO OUR LACK OF ACTION. I WOULD REALLY LIKE THOSE ANSWERS TO THOSE QUESTIONS SOONER THAN LATER. I'D LIKE OUR CITY TO DO A BETTER JOB IF WE'RE GOING TO BE OUT THERE SIGNING AND RE-SIGNING ACCORDS WE ACTUALLY HAVE TO DO WELL. THANK YOU, MADAM CHAIR. >>COUN. GROUT: ANY OTHER QUESTIONS? >>COUN. SANCHEZ: THANK YOU, MADAM VICE-PRESIDENT. MY QUESTION IS FOR THE ADMINISTRATION AND SINCE THE MAYOR WAS SO INTERESTED IN CONTRACT TRACING DURING COVID. I'M CURIOUS AS TO WHY NOBODY CONTACTED ME. I ALONG WITH OTHER CITY COUNCILS WENT ON A TOUR THROUGH THE GATEWAY CENTER AND IT WAS FULLY BEING CONSTRUCTED. IT WAS TOTALLY IN A SITUATION WHERE YOU COULD TELL EVERYTHING HAD BEEN RIPPED OUT OF IT. NOBODY CONTACTED ME TO LET ME KNOW THAT I'VE BEEN EXPOSED, NOBODY LET MY ACTUAL ANALYST KNOW IF HE'S BEEN EXPOSED. MY GUESS IS YES. THE SITUATION WE'RE IN, WE'RE IN A DUSTY ENVIRONMENT. WE WERE WALKED ALL THE WAY THROUGH THE CONSTRUCTION SITE WITH HARD HAT ON. WE PROBABLY SHOULD HAVE HAD PROPER PPE AND WE DIDN'T. IF WE'RE EXPOSED BY ASBESTOS, I HOPE SOMEBODY WILL LET US KNOW WE WERE AND FOLLOW THROUGH THE PROPER PROTOCOL. I ALSO WANT TO KNOW HOW MANY PEOPLE HAVE BEEN EXPOSED. HOW MANY CITY EMPLOYEES, HOW MANY CONTRACTORS, HOW MANY RESIDENCE TO THE FACILITY HAVE BEEN EXPOSED TO THE AREA OF THE BUILDING. I'M PRETTY SURE I WAS. IN THE MIDDLE OF THE CONSTRUCTION. I NEED THAT INFORMATION AND IF SOMEBODY CAN LET ME KNOW THAT IF I WAS EXPOSED TO START THAT PROPER PROTOCOL. >> YOU'RE MENTIONING THE GATEWAY CENTER AND THE WORK GOING ON THERE. WE'RE NOTIFIED ABOUT A MONTH AND A HALF AGO THAT THE CITY WENT UNDERTAKING A 4,000 RENOVATION IN THE BED AREA. WE FAILED TO NOTIFY AND TEST FOR ASBESTOS IN THE AREA. AFTER THE CONSTRUCTION WAS COMPLETE AND PULLED OUT WE'RE FINISHING UP WE'RE NOTIFIED THAT HAD NOT TAKEN PLACE. WE IMMEDIATELY STOPPED CONSTRUCTION AND WENT INTO THE AREA AND IDENTIFIED A SPACE OF 4,000 SQUARE FEET OF THE 20,000 SQUARE FOOT OFFICE RENOVATION IN THAT AREA OF THE ENTIRE 560,000 SQUARE FOOT AREA. WHAT WE FOUND IS THAT LAST MAY 24th AND 25th THE CONTRACTOR WENT IN AND TOOK OUT THE TILING IN THE AREA. WHAT WAS FOUND TO BE THE CASE AFTER THE FACT WAS THE TILE GLUE THAT WAS GLUING THE TILE DOWN WAS INDEED TESTING POSITIVE FOR ASBESTOS. THAT TILE HAD ALL BEEN REMOVED DURING THE PROCESS OVER THE TWO DAYS. WE HAVE SINCE REMEDIATED ANY -- TESTED THE AIR QUALITY IN THE AREA PRIOR TO REMEDIATION, THEY REMEDIATED ANYTHING THEY CAN FIND AND RETESTED THE SITE AND BEFORE AND AFTER TESTED NEGATIVE FOR PARTICLES OF ASBESTOS. WE'RE IN THE PROCESS OF GOING BACK AND DETERMIING WHO MIGHT HAVE BEEN IN THE SITE DURING THE TIME FRAME WHEN WHICH THOSE TILES WERE BEING DESTROYED. IT WASN'T THE ENTIRE SITE. THERE'S DUST IN EVERY CONSTRUCTION ZONE. IT WAS A SPECIFIC AREA THAT WAS CONSTRUCTED DURING THE TWO DAYS. WE'RE WORKING WITH ASBESTOS EXPERTS, HEALTH CARE PROVIDERS, TO DETERMINE WHAT EXACTLY THAT MEANS FOR THOSE WHO MAY HAVE BEEN IN THE AREA. WE'RE COMPILING A LIST OF THOSE WHO COULD HAVE BEEN IN THE AREA DURING THE TIME AND BE IN TOUCH WITH THOSE WE FEEL AS THOUGH WE NEED TO CONTACT. >>COUN. SANCHEZ: ONE OF THE OTHER THINGS I NOTICED WHEN I WAS GOING THROUGH THE TOUR IS ALL WE'RE PROVIDED WAS A HARD HAT. THE AREAS BETWEEN CONSTRUCTION ZONES WERE NOT COMPLETELY SEALED OFF. THERE WAS MAYBE A PIECE OF PLASTIC DANGLING, IT WASN'T COMPLETELY SEALED OFF FROM THE REST OF THE BILLING. IT -- THERE'S STILL EXPOSURE THAT COULD HAVE HAPPENED THROUGHOUT THE ENTIRE BUILDING. >> MR. PRESIDENT, COUNCILOR SANCHEZ, THE ENVIRONMENTAL HEALTH DEPARTMENT DID A THOROUGH INSPECTION OF THE SITE. WE'RE NOTIFIED. THERE'S NOTIFICATION PROCESS THAT HAS TO HAPPEN OUT THE THE COUNTY ANY TIME THERE'S RENOVATION. THE CONTRACTOR IS REQUIRED TO DO THE INSPECTION FOR ASBESTOS. I THINK THERE'S TWO KINDS OF ASBESTOS. THERE'S WHAT THE REGULATIONS CALL A CM AND REGULATED ASBESTOS MATERIAL. WHEN WE DID THE INSPECTION BY THAT TIME EVERYTHING HAD BEEN CLEARED OUT. WE DIDN'T FIND ANY MATERIAL CONTAINING IT PERIOD. OUR INSPECTION CONTINUED. SO, DIRECTOR CRAIG IS RIGHT. WE ARE GOING BACK AND LOOKING AT THE HISTORICAL ASPECT OF THE ISSUE AND TRY TO FIND OUT WHO IS PRESENT AT THE TIME. KEEP IN MIND AT THE TIME THERE WAS A SPECIFIC TIME THAT IT HAPPENED. ROUGHLY ABOUT A YEAR AGO. IF THERE'S ANY TOURS AFTER THE FACT, THEN CHANCES ARE THE EXPOSURE IS NIL. LIKE WE FOUND PRIMARILY NEW MATERIAL IN THE AREA. BUT NEVERTHELESS, OUR INSPECTION WILL BE DONE. REPORT SHOULD BE DONE ON FRIDAY. AND WE DO, FOR THE RECORD, WE INTEND TO ISSUE VIOLATIONS BASED ON WHAT WE FOUND. OUR REPORTS ABOUT A 52-PAGE REPORT THAT IS THOROUGH AND LOOKS AT ALL ASPECTS OF THE PROJECT AND THE ISSUES PRESENTED TO ENVIRONMENTAL HEALTH. >>COUN. SANCHEZ: THANK YOU, MADAM VICE-PRESIDENT. IS THERE ANY CONCERN ALSO SINCE THE CITY'S INSPECTING THE CITY? YOU ACTUALLY HAVE THE CITY INSPECTING THE CITY ON THIS ONE. ARE YOU PULLING A DIFFERENT ENTITY IN TO INSPECT? SO WE'RE NOT -- SO THERE'S NOT AN APPEARANCE OF IMPROPRIETY OF THE CITY INSPECTING THE CITY. >> WE'RE A UNIQUE PROGRAM. WE'RE FEDERALLY DELEGATED PROGRAM. ESSENTIALLY, THE AIR QUALITY PROGRAM REPRESENTS THE EPA AND NOT NECESSARILY THE CITY. THEY REPRESENT THE AIR BOARD AND NOT NECESSARILY THE CITY. WE'RE ACTUALLY HAVING A VERY GOOD TRACK RECORD ON ENFORCING ACTIONS AGAINST THE CITY IN THE COUNTY. WE DON'T HOLD BACK ON ANY ACTION. WE ASSUME IT HAS POTENTIAL TO WIND UP IN FEDERAL COURT OR BE APPEALED THROUGH THE PROCESS. WE'RE VERY GOOD ABOUT KEEPING THAT SEPARATION OF POWERS BETWEEN US AND THE CITY AND COUNTY FOR THE MATTER. WE ACTUALLY ALSO REGULATE THE COUNTY. YOU CAN LOOK AT OUR TRACK RECORD AND WE DON'T HOLD BACK IF WE HAVE TO ISSUE FINES. WE'VE ISSUED SEVERAL FINES OF TENS OF THOUSANDS OF DOLLARS TO THE CITY. >>COUN. SANCHEZ: THANK YOU. ONE MORE QUESTION. WHEN YOU -- ARE YOU GOING TO BE IN A POSITION WHERE YOU'RE GOING TO AT LEAST DO SOME SORT OF PUBLIC SERVICE ANNOUNCEMENT TO LET INDIVIDUALS KNOW WHO MAY HAVE BEEN IN THERE TO CONTACT YOU OR A CONTACT LINE? SOMETHING FOR INDIVIDUALS OF THE PUBLIC WHO MIGHT HAVE HAD EXPOSURE. IS THERE ANYTHING IN PLACE? >> COUNCILOR, I THINK YOUR POINT IS WELL-TAKEN IT'S VERY IMPORTANT TO ENSURE ANYBODY WHO IS AT RISK IS NOTIFIED OF THAT. WE'RE CERTAINLY WILLING TO DO THAT AND TRYING TO FIGURE OUT WHO THAT WAS AT THIS TIME. I WANT TO REITERATE IT'S A VERY LARGE CAMPUS, THERE'S CONSTRUCTION GOING IN A LOT OF DIFFERENT PLACES. WE'VE IDENTIFIED IN TESTING IS THAT THIS IS A VERY ISOLATED INCIDENT TO THAT SPECIFIC ENCOUNTER AND WHO WAS IN THAT AREA IN THAT TIME. SINCE THEN WE'VE TESTED WE'RE GOING TO BE GOING UNDER CONSTRUCTION IN THE TWO YEARS, THERE'S NOT ANY ASBESTOS POSITIVE MATERIALS. WE'VE BEEN CLEARED TO GO THROUGH THAT. WITHOUT CREATING A PANIC REGARDING THE ENTIRE FACILITY, IT'S A VERY ISOLATED INCIDENT WE'RE WORKING WITH PROFESSIONALED TO SEE WHO MAY HAVE BEEN AFFECTED THAT WE NEED TO NOTIFY. ANYONE THAT WE NEED TO DO DEAL, WE'RE DEALING WITH RISK MANAGEMENT DIVISION AND PROFESSIONALS IN THE HEALTH CARE INDUSTRY TO LET US KNOW WHAT WE NEED TO DO. >>COUN. SANCHEZ: THANK YOU. >> MR. PRESIDENT, COUNCILORS, I KNOW THAT MANY OF YOU WERE INVOLVED IN TOURS AT THE SITE. I HAVE DIRECTED THE STAFF TO CONTACT YOUR OFFICES TO DETERMINE THE DATES THAT YOU WERE THERE SO WE CAN ASSURE WE MATCH THE TIME THAT YOU WERE TOURING THE FACILITY AND THE TIME THIS ASBESTOS REMOVAL OCCURRED. WE WILL TOUCH BASE WITH ALL OF YOU AND AS WE ARE GOING THROUGH THE DIRECTORY AND THE REGISTRATION FORMS WE HAD FOR ALL OF THE FOLKS WHO TOURED THE AREA. INCLUING THE NUMBER OF CITY EMPLOYEES THAT WORK ON THE SITE. TO ANSWER YOUR SPECIFIC QUESTION, COUNCILOR, WE'RE GOING TO GO THROUGH THAT AND WE'LL BE IN TOUCH WITH YOU IN THE VERY SHORT FUTURE. >>COUN. SANCHEZ: MADAM VICE-PRESIDENT. THANK YOU. ONE LAST QUESTION. WHY DIDN'T WE DO DUE DILIGENCE WHEN WE PURCHASED THAT FACILITY? TO MAKE SURE THERE WAS NO ISSUES. DON'T WE DO DUE DILIGENCE WHEN WE PURCHASE A HOUSE OR ANY TYPE OF PROPERTY, WHY DOES THE CITY MISS THIS OPPORTUNITY TO DO DUE DILIGENCE? >> MR. PRESIDENT, COUNCILOR SANCHEZ, WE DID DUE DILIGENCE IN THE PURCHASE OF THE BUILDING. WE DID A -- THERE WAS AN ASBESTOS TEST DONE OF THE FACILITY. THE TEST REVEALED SOME AREAS IN THE FACILITY THAT REQUIRED SOME REMEDIATION AND IN FACT REMEDIATION WAS DONE IN SOME AREAS BEFORE GATEWAY PROJECT WAS STARTED. THIS PARTICULAR AREA UNFORTUNATELY WAS ONE OF THE AREAS THAT THE TEST DID NOT FULLY EVALUATE. THE MATERIAL THAT MR. -- THE ENVIRONMENTAL HEALTH SERVICES DIRECTOR, TALKED ABOUT, WHICH IS THE MASKING THAT HOLDS THE CARPET TO THE FLOOR WAS NOT PICKED UP. IT WAS ONLY AFTER AN INSPECTOR FROM THE PLANNING DEPARTMENT HAD BEEN THERE THAT RAISED THE CONCERN. HOWEVER, INTERESTINGLY HIS CONCERN A COMPLETELY DIFFERENT ISSUE THAT WAS HANDLED APPROPRIATELY. AS IT BEGAN TO DEVELOP WE FOUND THIS MASTIC WAS THE ISSUE. AND IT REALLY IS AN ISSUE FOR THE PURPOSE OF CLARIFICATION, IT'S CALLED -- IT'S NON-FRIABLE ASBESTOS. IT'S NOT THE KIND THAT WE ALL HEAR ABOUT AS IT RELATES TO THE FINE DUST IN THE POWDER THAT PEOPLE BREATHE. IN ORDER TO BE SEVERELY EXPOSED YOU HAVE TO BE IN THE MIDDLE OF IT FOR A LONG PERIOD OF TIME. THIS IS A NON-FIABLE SUBSTANCE IT COMES OUT IN CHUNKS AS IT'S TAKEN OFF THE FLOOR. AND THE CONTRACTOR IS RESPONSIBLE FOR ENSUING THAT PROCESS IS DONE APPROPRIATELY AND ACCORDING TO THE RULES. THE CONTRACTOR IS ALSO IN PART RESPONSIBLE FOR WHAT HAPPENED HERE AND OUR REVIEW NOW IS RECOGNIZED THAT WE DID MISS SOME STEPS. OBVIOUSLY, NOT HAPPY ABOUT THAT. BUT ALSO REALLY MAKING SURE THAT OUR CONTRACTOR ALSO HELD ACCOUNTABLE FOR THEIR ROLE AND RESPONSIBILITY FOR ENSURING THE REMOVAL OF THE ASBESTOS WAS DONE APPROPRIATELY. WE OBVIOUSLY ARE HAPPY TO KEEP YOU POSTED AS WE MOVE THROUGH THE PROCESS. AGAIN, I REITERATE, LOOKING AT YOUR CALENDARS AND LETTING US KNOW WHEN YOU WERE THERE WILL HELP US IDENTIFY WHEN YOU WERE THERE VERSUS WHEN THE REMOVAL OF THE AS BES BESTS WAS DONE. >>COUN. SANCHEZ: MADAM VICE-PRESIDENT. MR. RAEL. THANK YOU. IF YOU WOULDN'T MIND SENDING COUNCIL THE REPORT IN REFERENCE TO THE PEOPLE THAT MAY HAVE BEEN EXPOSED, WHAT'S GOING ON WITH IT, HOW YOU'RE LETTING THEM ANY WHAT THEY NEED TO DO TO SO WE CAN MAKE SURE PEOPLE AREN'T LEFT OUT OF THE LOOP. THANK YOU. >>COUN. GROUT: THANK YOU. ANY OTHER QUESTIONS, COUNCILORS? OKAY. LET'S MOVE TO THE JOURNAL. I MOVE APPROVAL OF THE APRIL 17 JOURNAL. WE HAVE FIRST AND A SECOND. WILL THE CLERK CALL THE ROLL? >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. GROUT: THANK YOU. >>COUN. DAVIS: THANK YOU, MADAM VICE-PRESIDENT. I KNOW EARIER WE'RE WORKING ON TECHNICAL ISSUES WITH THE NETWORK AND ZOOM. DO WE HAVE THAT SOLVED? DO WE HAVE COUNCILOR PEÑA WITH US? FOR THE RECORD COUNCILOR PEÑA WILL REMAIN EXCUSED UNTIL SHE'S ABLE TO REJOIN US. NEXT WE HAVE COMMUNICATIONS AND INTRODUCTIONS. ARE THERE ANY CHANGES TO THE LETTER OF INTRODUCTION? SEEING NONE. DO WE HAVE A SECOND? >>COUN. GROUT:ING I MOVE APPROVAL OF THE LETTER OF INTRODUCTION. >>COUN. DAVIS: ALL THOSE IN FAVOR? CLERK. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: [ EXCUSED ]. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: MADE IT LOOK SO EASY. I GOT AHEAD OF MYSELF. WE HAVE REPORTS OF COMMITTEE. MADAM CHAIR. >>COUN. FIEBELKORN: THE LAND USE PLANNING AND ZONING MET ON WEDNESDAY APRIL 26 AND REPORTS THE FOLLOWING ITEMS. IN THE MATTER OF O4 DO PASS. AND O-77 DO PASS AS AMENDED. I MAKE A MOTION TO ACCEPT THE COMMITTEE REPORT. >>COUN. DAVIS: SECOND FROM COUNCILOR BASSAN. ANY QUESTIONS? WILL THE CLERK CALL THE VOTE? >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: ] EXCUSE . >>COUN. PEÑA: [ EXCUSED ]. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: WE'RE ON DEFERRALS AND WITHDRAWALS. ANY DEFERRALS THIS EVENING? SEEING NONE. WE'RE MOVE TO THE CONSENT AGENDA. ARE THERE CHANGES TO THE CONSENT AGENDA? I DON'T SEE ANY. I WANT TO RECOGNIZE AND SAY FOR INDIVIDUALS ON THE CONSENT AGENDA BEING APPOINTED TO SERVE ON THE BOARDS AND COMMISSIONS WE APPRECIATE YOUR SERVICE. THANK YOU FOR WATCHING HERE OR AFROM AFAR. >>COUN. GROUT: I MOVE APPROVAL OF THE CONSENT AGENDA. PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: [ EXCUSED ]. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: GOING TO ANNOUNCEMENTS. COUNCILOR BASSAN. >>COUN. BASSAN: THERE WILL BE A COMMITTEE OF THE WHOLE MEETING ON THURSDAY MAY 4 AND THURSDAY MAY 11 AT 5 P.M. IN THE VINCENT E. GRIEGO CHAMBERS. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. THERE WILL BE A FINANCE AND GOVERNMENT OPERATIONS COMMITTEE MEETING ON MONDAY MAY 8 AT 5 P.M. VIA ZOOM VIDEO CONFERENCE. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THE LAND USE PLANNING AND ZONING COMMITTEE MEETING SCHEDULED FOR MAY 10 IS CANCELED. >>COUN. DAVIS: WE HAVE NO FINANCIAL INSTRUMENTS ON THE AGENDA. WE'RE GOING TO MOVE TO THE GENERAL PUBLIC COMMENT. AS A REMINDER MEMBERS OFFENSE PUBLIC HAVE THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT TO HAD COUNCIL IN PERSON VIRTUALLY IF YOU SIGNED UP ACCORD TO THE INSTRUCTIONS POSTED ON THE WEBSITE. TONIGHTS GROUND RULES. EACH PARTICIPANT HAS TWO MINUTES TO PRESENT YOU MAY NEED NOT USE ALL THE TIME. COMMENTERIZE TO BE ADDRESSED THROUGH THE COUNCIL PRESIDENT. AND ANY DISRUPTIVE COMMENT WILL RESULT IN REMOVAL. COPIES OF THE RULES ARE PROVIDED AND WE WILL ENFORCE THEM. THERE'S A TWO MINUTE TIME LIMIT AND A BELL WILL INDICATE YOUR TIME IS UP. I THINK WE HAVE A YOUNG LADY HERE WHO WE'RE GOING TO TAKE FIRST AND GET INTO OUR OTHER LIST. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS ARIEL FOLLOWED BY CYNTHIA. >>COUN. DAVIS: WELCOME. >> GOOD EVENING, COUNCIL, AND COUNCIL PRESIDENT. I AM A FOURTH GRADE STUDENT IN APS AT ALVARADO ELEMENTARY SCHOOL. I'M IN SUPPORT OF THE HANDLE WITH CARE PROGRAM. AS A STUDENT, I KNOW HOW HARD IT CAN BE TO GO TO SCHOOL IF SOMETHING STRESSFUL HAPPENS AT HOME AND IF YOU DON'T GET ENOUGH SLEEP THE LIGHT NIGHT BEFORE. IT'S A GOOD WAY FOR FIRST RESPONDERS TO LET STAFF AT SCHOOL KNOW THAT ONE OF THE STUDENTS HAD SOMETHING HAPPEN AT HOME. AND THEY NEED MORE SUPPORT FROM THEIR TEACHERS AT SCHOOL. WHEN YOU ARE HAVING A BAD DAY, IT IS NICE TO HAVE THE ADULTS AT SCHOOL KNOW THAT THEY CAN CHECK ON YOU AND MAKE SURE YOU'RE DOING OKAY. THANK YOU FOR YOUR TIME. >>COUN. DAVIS: THANK YOU FOR YOUR TIME. CAN I ASK HOW DID YOU LEARN ABOUT THE PROGRAM? >>COUN. GROUT: MR. PRESIDENT. I THINK HER MOM IS OUR AFR CHIEF. >>COUN. DAVIS: YES. SHE'S THE ONE SMILING OVER THERE. >>COUN. GROUT: WE'RE VERY PROUD OF HER. THANK YOU, FOR COMING DOWN. >>COUN. SANCHEZ: THANK YOU, I REALLY APPRECIATE YOU COMING DOWN. >>COUN. DAVIS: THANK YOU. >> THANK YOU, MR. PRESIDENT. OUR NEXT SPEAKER IS CYNTHIA FOLLOWED BY KEVIN. >>COUN. DAVIS: I'LL REMIND YOU, AS YOU'RE CALLED, AND WE CAN BARELY HEAR YOU, IF YOU'RE ON THE ON DECK CIRCLE COME ON DOWN AND TAKE A SEAT FOR THE FRONT. >> HI, THANK YOU, GUYS. I'M HERE WITH THE PEOPLE'S HOUSING PROJECT. I KNOW YOU'RE GOING TO BE TALKING ABOUT THE LANDLORD REGISTRY WHICH IS REALLY GREAT. I WON'T GO TO DEPTH ABOUT THAT. I THINK IT'S A GREAT IDEA TO HAVE THE REGISTRY. MORE IMPORTANTLY I THINK FURTHERING INITIATIVES TO BE ABLE TO LANDLORDS IN THE CONDITIONS THEY'RE MAKING IN TENTS LIVE UNDER WHILE INCREASING RENT PRICES IS REALLY IMPORTANT. YOU GUYS WOULD BE ABLE TO MONITOR THE SLUMLORDS IN ALBUQUERQUE THAT MAKE PEOPLE LIVE IN HOMES FALLING APART. I'VE BEEN WORKING WITH A LOT OF TENANTS RECENTLY IN A NEIGHBORHOOD OVER BY GIBSON AND SAN PEDRO, AND I RUN INTO PEOPLE WHO HAVE SAID THEY HAVE HOLES IN THE CEILINGS. THE LANDLORDS ARE NOT FIXING THEM IN TIME. AND THE LANDLORDS ARE PUSHING BACK ON THEM ORGANIZING IN ORDER TO GET WORK ORDERS COMPLETED. THERE NEEDS TO BE MORE MONITORING OF THE HOMES ALLOWED TO JUST DECAY THAT LANDLORDS ARE ALLOWED TO PROFIT OFF OF. I DON'T KNOW IF THERE NEEDS TO BE MORE RESOURCES PUT INTO THAT FOR MORE WORKERS BUT THERE NEEDS TO BE SOME REGULAR CHECK UPS AND CHECK INS AND SITE INSPECTIONS BY THE CITY. WHILE THEY'RE FORCED TO PAY ALMOST A THOUSAND DOLLARS A MONTH OVER A THOUSAND DOLLAR IN SOME CASES BECAUSE AN AVERAGE ONE BEDROOM IS OVER A THOUSAND. BUT THEY'RE LIVING IN SLUM CONDITIONS. THEY'RE DEVELOPING HEALTH PROBLEMS. TALKING ABOUT -- WE JUST SAW A WHILED TALK ABOUT ISSUES AT HOME AFFECT THE ABILITY TO FOCUS AT SCHOOL, WHY DO WE FORCE CHILDREN TO LEAVE IN THESE PLACES THAT ARE HALF CONDEMNED. IF YOU DRIVE AROUND THE INTERNATIONAL DISTRICT THERE ARE BUILDINGS HALF COMDEMMED AND THEY'RE FORCED TO LIVE IN THE OTHER HALF. IF IT'S COMDEMMED IT'S BECAUSE THEY'RE NOT TAKING CARE OF IT. >> KEVIN FOLLOWED BY JORDAN. >> GOOD EVENING. I'M ALSO PART OF THE PEOPLE'S HOUSING PROJECT. I WOULD ALSO LIKE TO ENCOURAGE CITY COUNCIL TO PASS O-22-59. BY HAVING A RENTAL REGISTRY DATABASE THE CITY WOULD BEIBLE TO DIRECT RESOURCES SUCH AS MONEY FOR PROPERTY IMPROVEMENT, MORE EFFICIENTLY TO LANDLORDS WHICH ENABLES THEM TO PROVIDE THINGS LIKE MAINTENANCE REPAIRS TO RESIDENCE. WHICH WE HAVE SEEN AND TALKED ABOUT IS A HUGE PROBLEM AND ON GOODING ISSUE. HEALTH HAZARDS LIKE MOLD AND STUFF LIKE THAT. A RENTAL DATABASE WOULD ALSO IMPROVE CODE ENFORCEMENT. A DATABASE COULD BE USED BY INSPECTORS TO IDENTIFY AND PRIORITIZE THE MOST HAZARDOUS PROPERTIES SO THE CITY COULD WORK WITH LANDLORDS TO TAKE APPROPRIATE ACTION. RIGHT NOW THERE ARE A HUGE INFRASTRUCTURE PROBLEMS IN NUMEROUS COMPLEXES THAT HAVE TO DO WITH PLUMBING. THERE'S SEWAGE COMING OUT OF PEOPLE'S SINKS AND BATHROOMS AND OUTSIDE. AND THE RESIDENCE FILE A COMPLAINT AND IF THEY'RE LUCKY THEY WILL HAVE A MAINTENANCE PERSON COME OUT AND FIX AND SNIEK THE LINE. A FEW DAYS LATER THE PROBLEM COMES RIGHT BACK AGAIN. SO, THIS SIMPLE ANDE POWERS TO AND IMPACT THE WAY PEOPLE BECOME HOUSELESS. SOME OF YOU MAY NOT BE IN TOUCH WITH HOW HARD THE COMMUNITIES ARE BEING HIT BY THE PREDATORY LANDLORDS AND SICK AND DISGUSTING LEFT FOR MONEY WITH NO THOUGHTS OF CITIZENS. THIS MAKES PEOPLE CULLPABLE TO THE PEOPLE IN THE COMMUNITY. NOW IS IT THE TIME FOR ACTION. THE COMMUNITY HAS MADE IT CLEAR WE WANT INFORMATION. WE WANT TO HOLD THE LANDLORDS AND DEVELOPERS ACCOUNTABLE. WE DESERVE TO KNOW HOW MANY HOMES ARE AVAILABLE AND WHAT ARE AVAILABLE TO RENT AND HOW MUCH THE RENT IS. HOW CAN WE ADDRESS THE CRISIS OF THE COMMUNITY IF THE CRISIS DOESN'T HAVE THE BASIC INFORMATION AVAILABLE. IF NOTHING IS BEING DONE WRONG, THEN THERE'S NOTHING TO FEAR. ACCOUNTABILITY AND CONSEQUENCES DON'T SCARE HONEST AND HARDWORKING FOLKS. IT CAN SCARE ENTITIES WITH THOSE WITH NEFARIOUS AND PREDATORY INTENT. THIS COMMUNITY DESERVES TO HAVE ALL THE FACTS. TAKE ACTION TODAY AND CHOOSE THE MOST VULNERABLE AND GIVE THEM THE BASIC DIGNITY AND RESPECT TO HAVE THE POWER OF INFORMED DECISION. O-22-59 IS FOR THE PEOPLE AND THE PEOPLE DESERVE BETTER. >> PATRICK FOLLOWED BY MARSHA. >> GOOD EVENING, COUNCILORS. THANK YOU. I'M ALSO AN ORGANIZER ARE -- WITH THE PEOPLE'S HOUSING PROJECT. I STAND IN SUPPORT OF 0-22-IT'S AN IMPORTANT OVERSIGHT FOR THOSE TO BE HELD ACCOUNTABLE BY THEIR ACTIONS. THEY'RE NOT CURRENTLY BEING HELD ACCOUNTABILITY BY THE CITY. WE HAVE A MASSIVE HOUSING CRISIS GOING ON ACROSS THE COUNTRY. I HAVE HAD MAY RENT RAISED MULTIPLE TIMES AND MAINTENANCE IS A HUGE PROBLEM THAT I THINK WE NEED SOME SORT OF REGISTRY AND A SYSTEM OF ACCOUNTABILITY THAT CAN PROVIDE RENTERS WITH A SPACE THEY CAN TAKE THEIR ISSUES TO WITHOUT FEAR OF REPERCUSSIONS FROM LANDLORDS. PLEASE SUPPORT THIS RESOLUTION. >> MARSHA FOLLOWED BY SHAUN. >> THANK YOU, COUNCIL PRESIDENT FOR LISTENING TO US. MY GRANDDAUGHTER AND I WHOM I AM A GUARDIAN OF ARE IN A SITUATION THAT WE HAVE NO IDEA HOW TO HANDLE. IT HAS TO DO WITH THE SLUMLORDS WE'RE DEALING WITH. I MOVED IN HERE FROM OUT OF STATE. I LOVE THE CITY. I AM FINDING OUT VERY QUICKLY THAT THERE ARE CORPORATIONS WHO ARE IN CHARGE OF HONEST HARDWORKING PEOPLE'S PLACES OF RESIDENCE AND THEY HAVE NO QUALMS IN HOW TO CHANGE OR HOW TO TREAT US. WE HAVE NO HEAT IN THE WINTER AND NO AIR IN THE SUMMER. OUR WATER IS SHUT OFF WITHOUT WARNING. WE GO OUT TO TAKE OUR CHILDREN TO SCHOOL OR TO GO TO WORK AND OUR CARS ARE BOOTED FROM THE PARKING LOT. WHEN WE HAVE LEGAL TAGS, LEGAL REGISTRATION, AND THEY KNOW WHO WE ARE AND YET THIS IS CONTINUALLY HAPPENING. NOW I HAVE A GRANDDAUGHTER WHO PANICS EVERY MORNING BECAUSE SHE DOESN'T KNOW IF SHE'S GOING TO HAVE A ROOF OVER HER HERD. AND I WALK I WAKE UP WONDERING IF WE HAVE AN EVICTION NOTICE BECAUSE SEVERAL HAVE ALREADY GOT THEM. THERE'S NO REASON. WE'RE ON TIME, WE'RE CURRENT, WE HAVE NO ISSUES AND THEY'RE NOT GIVING US A REASON OTHER THAN THE FACT THAT THEY WANT US OUT BECAUSE THEY WANT TO BRING IN MORE PEOPLE TO PAY HIGHER RENT. WE'RE ALREADY THERE. WE'RE ALREADY PAYING IT. IT IS OUR HOME. AND WE'RE BEING FORCED OUT. I DON'T KNOW WHERE I'M GOING TO TAKE MY GRANDDAUGHTER OR I. I WILL WORK. I'M GOING TO CONTINUE TO WORK. BUT I DON'T KNOW WHERE I'M GOING TO LIVE. AND SO, WE'RE HERE TODAY FIGHTING FOR OUR LIFE. AND I WOULD APPEAL THAT YOU THINK ABOUT THIS VERY CAREFULLY AND VOTE FOR THIS REGISTRY PLEASE BECAUSE WE'VE GOT OUT OF STATE LANDLORDS COMING IN AND THAT'S WHERE THEY'RE COMING FROM. THANK YOU SO MUCH FOR LISTENING TO ME. >> SHAUN FOLLOWED BY TAD. >> TAD FOLLOWED BY MIGUEL. >> EXCUSE ME. THANK YOU. THANK YOU. WELL, HERE IS I'VE BEEN LEARNING MORE FROM THE PUBLIC RECORDS. MORE THAN ONE MILLION CITY COUNCIL IS RESPONSIBLE FOR THE SPENDING. HOW THEY SPENDING. IN ACCOUNTABILITY. HERE IS SECTION 2-17-1. THEY OWNED ORDINANCE. PUBLIC DEBTS, LOCAL, CITY LAW. THEY VIOLATING. REFUSING TO DISCLOSE PUBLIC RECORD. THEY OWN PUBLIC RECORDS. HOW THEY SPENDING MILLIONS OF DOLLARS. THAT'S ALSO STATE LAW. YES, THEY PRODUCE SOME OVER 300 PAGES. OF THAT ONE WESLEY HOUSE. ABOUT 80 PAGES, AND THEY WANT 50 CENTS A COPY. WHAT I NEEDED IS SIMPLE. THREE YEARS. 2019. I DON'T NEED THAT. I JUST NEEDED SIMPLE LAST TWO YEARS. HOW THEY SPEND IT. HOW MUCH THEY RECEIVE. SPENDING MONEY. AND THEY SPENDING. INCLUING INVOICES. YES, THAT'S ONLY BEGINNING NOW. THEY HAVE OWN INVESTIGATION. THANK YOU. >> MIGUEL FOLLOWED BY JULIE ON ZOOM. >> I CAME HERE TONIGHT TO SPEAK ABOUT WHAT I SAW ON THE NEWS LAST NIGHT ABOUT THE PROGRAM THAT YOU FOLKS ARE GOING TO START TO TRY AND GET THE CITY OF ALBUQUERQUE FORWARD IN STEAD OF ASS BACKWARD LIKE THE LAST COUPLE OF YEARS. LAST YEAR WE LOST A LOT OF POLICE OFFICERS AND FIREFIGHTERS. AND TODAY WE LOST A LOT OF BUS DRIVERS WHICH IS LEAVING A LOT OF OUR CITIZENS WITHOUT TRANSPORTATION TO GO TO WORK AND TO GO TO PLACES THAT THEY NEED TO GO. AND IT'S HARD ALREADY WITH EVERYTHING ELSE THAT'S GOING ON THAT THE GROCERIES ARE MORE EXPENSIVE, THE RENT IS MORE EXPENSIVE, AND NOBODY DOES A DAMN THING ABOUT IT. I THINK IF YOU'RE GOING TO START A PROGRAM TO GET THE CITY BACK ON ITS FEET, I THINK WE NEED PROFESSIONAL PEOPLE UP HERE IN FRONT OF US. NOT COUNCILORS THAT DON'T CARE ABOUT US. WE'RE JUST A BANK FOR YOU GUYS. YOU GET OUR MONEY, YOU DO WHAT YOU WANT WITH IT. YOU DON'T CARE ABOUT WHAT OUR ISSUES ARE. YUPG I HAVE BEEN COMING HERE FOR FOUR YEARS, YOU DON'T LISTEN AND YOU DON'T DO ANYTHING WITH WHAT WE HAVE IN COMMON. THE ONLY ONE THAT ACTUALLY TACKLED THE ISSUES THAT WERE A PROBLEM IS KEN SANCHEZ, THE ONE THAT DIED. I DON'T KNOW ABOUT THE REST OF YOU, YOU REALLY CARE ABOUT FAMILY ISSUES OR YOUR FAMILY, OR ANYTHING ELSE THAT HAPPENS IN THIS TOWN. IF WE'RE GOING TO BE PUTTING THIS TOWN FORWARD INSTEAD OF BACKWARD LIKE IT'S BEEN GOING FOR THE LAST TEN YEARS, I BELIEVE WE SHOULD GET PROFESSIONAL PEOPLE AND INSTEAD OF THE SAME PEOPLE THAT CAUSED THE PROBLEM TO BEGIN WITH. >> JULIE FOLLOWED BY JANE. >> I SUBMITTED COMMENTS TO YOU BY EMAIL REGARDING THE TIMING OF THE DEBATE AND CONSIDERATION OF ORDINANCE 22-54 HOUSING FORWARD. PLEASE DO NOT SCHEDULE THIS AT THE SAME TIME AS BUDGET HEARING HEARING. BOTH NEED CONSIDERATION. OUR MAIN KERN ABOUT THE FACT THAT NEIGHBORHOOD ASSOCIATIONS WERE NOT ENGAGED IN THE PLANNING OF HOUSING FORWARD. FROM THE ADMINISTRATION WE HEARD WHO WAS INVOLVED IN THE PLANNING OF HOUSING FORWARD AND WHO WAS AT THE TABLE. I DON'T KNOW WHY NEIGHBORHOOD ASSOCIATIONS WERE NOT AT THE TABLE WERE THEY AFRAID OF QUESTIONS OR DISAGREEMENT. I'M NOT AFRAID OF DISAGREEMENTS. IN FACT YOU MAY NOT EXPERIENCE THIS, BUT IN FACT FROM TIME TO TIME MY SPOUSE AND I DO NOT AGREE. AND I BELIEVE THAT THIS AGREEMENT BRINGS US TO THE BETTER DECISION WITH ALL POINTS OF VIEW AT THE TABLE. PLEASE CONSIDER VARIOUS POINTS OF VIEW AS YOU CONSIDER HOW TO IMPROVE HOUSING FOR ALL OF US. THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION. >> SHANE FOLLOWED BY MICHAEL. >> THANK YOU. MR. PRESIDENT, COUNCILORS, I RESPECTFULLY REQUEST YOU DEFER CONSIDERATION OF O-22-45 AND O-23-77 TO A FUTURE MEETING WHERE THERE'S TIME TO ADEQUATELY ENSURE BOTH GENUINE PUBLIC ENGAGEMENT ON THE IMPORTANT MATTERS AS WELL AS DELIBERATION BY COUNCILORS. AND EVIDENCE FOR THEIR POTENTIAL EFFECTIVENESS IN ALBUQUERQUE. AT LAST WEEK'S LUPZ MEETING COUNCILORS DISCUSSED THE POTENTIAL IMPACT OF ADDING THESE IDO MATTERS TO COUNCIL AGENDA THAT ALREADY INCLUDED THE BUDGET. BOTH THE CITY BUDGET AND LAND USE MATTERS ARE AMONG THE MOST CONSEQUENCEAL FOR EVERYONE IN ALBUQUERQUE THAT THIS COUNTAL ADDRESSES. PLEASE ASSURE THAT EACH OF THOSE IMPORTANT MATTERS IS DISCUSSED AND IN A SINGLE MEETING WHERE THERE'S SUFFICIENT TIME TO REALLY CONSIDER ALL THE ISSUES. >> MICHAEL FOLLOWED BY CHRISTOPHER. YOU'RE MUTED, SIR. >> THANK YOU, MR. PRESIDENT, MEMBERS OF THE COUNCIL. COUNCILOR, STATE STATUTE 3216B TALKS ABOUT NOTIFICATION REQUIREMENT FOR ZONING IN MUNICIPALITIES AND OTHER LOCAL GOVERNMENT AREAS. THIS IS A STATE STATUTE. MY QUESTION IS HOW DOES THE CITY COMPLY WITH THE STATUTE THAT REQUIRES THAT WRITTEN NOTIFICATION BE GIVEN TO ALL PROPERTY OWNERS WHEN ZONING CHANGES ARE MADE ON PROPERTY? NOW I'VE ASKED A NUMBER OF QUESTIONS AND NEELTH NEITHER ANDED THE AND HAVE HAD A PERIOD WHERE SOME CALLS HAVE NOT BEEN RETURNED. THE WHOLE PURCHASE OF THE HOME IS THE MOST IMPORTANT PURCHASE MANY PEOPLE WILL EVER MAKE IN THEIR LIVES. MOST AREN'T AWARE OF THE CHANGE IN ZONING. I WALKED A COUPLE OF NEIGHBORHOODS, THE LAST ONE, SOUTH LOS ALTOS AND NOONE IS AWARE OF THE PROPOSED ZONE CHANGE YOU'RE PLANNING. WE NEED MORE TIME. THERE'S NO RUSH ON THIS. WE NEED TO MAKE SURE THAT THE PUBLIC IS GENERALLY AWARE OF WHAT IS BEING DONE. NOW, WHETHER YOU AGREE WITH THE STATE STATUTE THAT IT APPLIES THAT EACH PROPERTY OWNER GET MAIL TELLING THEM THAT THE PROPERTY IS BEING REZONED, WHETHER YOU AGREE OR NOT, WOULDN'T THAT BE THE BEST WAY TO DOIT? FOR SUCH AN IMPORTANT PURCHASE AS A WHOM. WOULDN'T IT BE BEST TO HAVE THEM GET THAT LETTER NOTIFYING THEM THAT THEIR PROPERTY IS BEING REZONED? IT'S SUCH AN IMPORTANT PURCHASE FOR A HOMEOWNER. AND WOULDN'T BE THE TRANSPARENT THING TO MAKE SURE EVERYONE IS AWARE OF WHAT'S GOING ON. THANK YOU VERY MUCH. >> CHRISTOPHER FOLLOWED BY LEZLY. >> GOOD EVENING, PRESIDENT, COUNCILORS, I WITH TOGETHER FOR BROUGHTS AND THE ALBUQUERQUE BUS RIDER'S UNION. I'M SPEAKING ON BEHALF OF THE BUDGET MATTER THAT IS GOING TO BE CONSIDERED AT THURSDAY'S COMMITTEE OF THE WHOLE. I WANT TO REMIND YOU THAT FOUR PUBLIC TRANSIT -- THE CITY'S ON BOARD SURVEY CONDUCTED BY BUS RIDERS, SHOWED THAT 85% OF BUS RIDERS AGREED THAT KEEPING ZERO FARES WOULD BE THE NUMBER ONE WAY WE COULD IMPROVE PUBLIC TRANSIT IN THE CITY AND WITH THE TRANSIT ADVISORY BOARD, I THINK THIS IS THE FIFTH YEAR AND THE SEVENTH RESOLUTION SUPPORTING ZERO FARES. I JUST WANT TO SAY I WON'T BE ABLE TO BE AT THE MEETING ON THURSDAY, I HOPE THAT CITY COUNCIL WILL CONSIDER CONTINUING TO INCLUDE ZERO FARES IN THE BUDGET FOR THE FISCAL YEAR OF 2024. THANK YOU VERY MUCH. >> LEZLY FOLLOWED BY ALAN. >> THANK YOU, COUNCIL MEMBERS. I LIVE IN DISTRICT SIX. LIKE SEVERAL OTHER SPEAKERS, I WOULD LIKE TO ENCOURAGE YOU TO POSTPONE CONSIDERATION OF THE HOUSING FORWARD ORDINANCE. SO IT'S NOT HEARD AT THE SAME TIME AS THE CITY BUDGET. AS ANOTHER SPEAKER MENTIONED, I BELIEVE THERE HAVE BEEN SEVERE INADEQUATE NOTICE GIVEN TO RESIDENTS ABOUT THIS. AS THE ORDINANCE ITSELF ACKNOWLEDGES IT'S A SIGNIFICANT UPZONING OF A HUGE PORTION OF THE CITY'S ZONE. AND THERE'S BEEN SERIOUSLY INADEQUATE NOTICE TO PROPERTY OWNERS. I ALSO NOTICED THERE'S -- I TRIED TO FIND UNLESS -- I'M A LAWYER, I'M NOT A LAND USE ATTORNEY, BUT I'M TRYING TO UNDERSTAND THE ORDINANCE, HONESTLY IT IS EXTREMELY DIFFICULT. THE ANALYSIS AVAILABLE IS INADEQUATE. IT'S MORE LIKE PUBLIC RELATIONS, PROPAGANDA. IT'S NOT AN ACTUAL ANALYSIS OF WHAT THE ORDINANCE WOULD DO. WHAT WOULD BE REALLY HELPFUL IS A MAP SO RESIDENTS CAN UNDERSTAND EXACTLY HOW THEIR NEIGHBORHOODS AND PROPERTIES WOULD BE AFFECTED BY THE CHANGES, PARTICULARLY, THE ADU CHANGE IN THE HEIGHTS. THE HEIGHTS CHANGE FOR MULTI-RESIDENTIAL DEVELOPMENT. AND WHERE IS THE RESEARCH THAT SUPPORTS THE PROPOSITION THAT DENSITY IMPROVES AFFORDABILITY? AS I MENTIONED AT THE LUPZ MEETING LAST WEEK THERE'S A RECENT URBAN INSTITUTE STUDY THAT ACTUALLY FINDS LAND USE REFORM SUCH AS HOUSING FORWARD ARE NOT STATISTIC -- THERE'S NO STATISTICALLY SIGNIFICANT EVIDENCE THAT ADDITIONAL LOWER COST UNITS BECOME AVAILABLE OR BECAME LESS EXPENSIVE IN THE YEARS FOLLOWING LAND USE REFORM. PLEASE TAKE MORE TIME ON THIS. I HOPE THIS IS NOT ALREADY IN. >> ALAN. >> ALAN MARX. >> CAN YOU HEAR ME? >> WE CAN. >> THANK YOU. GOOD EVENING, COUNCILORS. I'M ALAN MARX, I LIVE IN THE MOUNTAIN VIEW COMMUNITY. I WOULD LIKE TO DISCUSS ITEM R-23-128 REGARDING PETITION TO THE AIR QUALITY BOARD TO ESTABLISH A HEALTH ENVIRONMENT EQUITY IMPACT REGULATION. I KNOW ALL OF YOU COUNCIL MEMBERS UNDERSTAND THAT PERMITS FOR POLLUTING INDUSTRY GO TO THE SAME AND OVERBURDENED COMMUNITIES. I'M SURE ALL OF YOU BELIEVE IN TREATING ALL CITIZENS OF THE METROPOLITAN AREA FAIRLY. THAT'S THE INTENT OF THE REGULATION BEING HEARD BY THE AIR QUALITY BOARD. COUNCILOR LEWIS THROUGH HIS PROPOSED RESOLUTION QUESTIONS THE OPPORTUNITY FOR INPUT BY MEMBERS OF THE ALBUQUERQUE COMMUNITY. OBVIOUSLY, THERE ARE PUBLIC COMMENT OPPORTUNITIES AT ALL AIR QUALITY BOARD MEETINGS AND AT THE HEARING ON THE REGULATION. OUR COMMUNITY, WHICH PROPOSED THE REGZILATION, HAS INVITED TO HEAR CONCERNS AND GET INPUT. SINCE THIS IS A COMMUNITY INITIATIVE IT CAME FROM THE COMMUNITY. OTHER INPUT IS PROVIDED ALONG THE WAY AND WILL BE HEARD BY THE AIR QUALITY BOARD. COUNCILOR LEWIS'S SECOND CONCERN IS REGARDING UNCLEAR STANDARDS, NO COURT WILL SUPPORT A REGULATION WITH UNCLEAR STANDARDS. THE AIR QUALITY BOARD KNOWS THIS AND WILL WORK WITH THE CITY ENVIRONMENTAL HEALTH DEPARTMENT AND ATTORNEYS TO ENSURE CLEAR, EASY TO APPLY STANDARDS ARE EFLECTED IN THE REGULATION. THE MOST HELPFUL THING THE CITY COUNCIL CAN DO GIVEN THE CONCERNS RAISED IN COUNCILOR LEWIS'S RESOLUTION WOULD BE TO ASK THE AIR QUALITY BOARD TO ENSURE THE REGULATION CONTAINED CLEAR STANDARDS. SURELY PROVIING EQUITY AND PROTECTING OVERBURDENED COMMUNITIES SOMETHING GOING ON IN CITIYS CROSS THE STEERNT IS SOMETHING OUR CITY COUNCIL BELIEVES IN. PLEASE HELP OUR ALBUQUERQUE COMMUNITY NOT BY LABELLING SUCH ATTEMPTS HARMFUL BUT RATHER BY CONSTRUCTIVE CRITICAL SUPPORT. THANK YOU. >> THAT CONCLUDES GENERAL PUBLIC COMMENT. >>COUN. DAVIS: THANK YOU. LET'S SEE. IT'S ABOUT 6:30. WE'LL TRY TO GET THROUGH THE APPEAL AND WE'LL SEE WHERE WE LAND FROM THERE. WE'LL GET GOING FROM HERE. NEXT UP IS AC-23-9. PEGGY NORTON ON BEHALF OF THE NORTH VALLEY COALITION HAS -- FOR ALL OF ORPIRATIONS OF THE LOT. WOULD YOU PLEASE KICK US OFF? >> THANK YOU, MR. PRESIDENT. THIS MATTER WAS BEFORE YOU AT YOUR LAST MEETING TO CONSIDER WHETHER TO ADOPT THE FINDINGS AND RECOMMENDATION OF THE LAND USE HEARING OFFICER. THE COUNCIL DECLINED AT THAT TIME TIME TO ADOPT THE FINDING AND RECOMMENDATION IN FAVOR OF HOLDING A FULL HEARING. JUST TO GIVE A QUICK REFRESHER THE ISSUE IS WHETHER A SITE PLAN SHOULD BE APPROVED TO DEVELOP AN AUTOMATIC CAR WASH AT FOURTH STREET AND DOUGLAS MACARTHUR. THEY APPROVED THE SITE PLAN FINDING IT MET ALL REQUIREMENTS. PEGGY NORTON ON BEHALF OFT NORTH VALLEY COALITION APPEALED THAT, ARGUING THE SIDEWALKS AND LANDSCAPE BUFFER ZONE WERE NOT LAID OUT PROPERLY PER THE REQUIREMENTS. PURSUANT TO PRIOR APPROVAL, THE APPLICANT CONSTRUCTED THE SIDE WALK SUCH THAT IT GOES STREET, SIDE WALK, LANDSCAPE BUFFER AND THE CAR WASH PROPERTY. THEY CLAIM IT SHOULD HAVE BEEN STREET, LANDSCAPE BUFFER, SIDE WALK AND THE CAR WASH PROPERTY. THE COUNCIL REFERRED TO THE LAND USE HEARING OFFICER THAT RECOMMENDED CITY COUNCIL DENY THUPEEL AND UPHOLD THE PLANNING STAFF DECISION TO ADMINISTRATIVELY APPROVE THE APPLICATION. TONIGHT, YOU WILL HOLD A FULL HEARING ON NART AND WILL HEAR DIRECTLY FROM THE PARTIES TO DETERMINE WHETHER THE SITE PLAN SHOULD BE APPROVED. YOU'LL LOOK TO DETERMINE WHETHER PLANNING STAFF ACTED FRAUDULENTLY, ARBITRARILY OR CAPRICIOUSLY OR THE DECISION DID NOTIVAL -- SUBSTANTIAL EVIDENCE. YOU'LL HEAR ARGUMENTS FROM THE PARTIES TONIGHT INCLUING FIRST PEGGY NORTON ON BEHALF OF THE NORTH VALLEY COALITION FOLLOWED BY THE APPLICANT. THEY'RE DEVELOPING THE CAR WASH. AND THERE WILL BE TIME TO HEAR FROM THE PLANNING DEPARTMENT IF YOU HAVE QUESTIONS FOR THEM. THERE WILL BE SOME REBUTTAL TIME TO CLOSE THE APPEAL. AT THAT TIME YOU CAN DELIBERATE AND DISCUSS. ONE LAST THING TO NOTE, YOU'RE NOT PERMITTED TO TAKE ANY NEW EVIDENCE. THERE'S BEEN SEVERAL HEARINGS AND THE EVIDENCE IS COMPLETE FOR ALL PURPOSES. YOU'LL MAKE YOUR DECISION BASED ON THE EXISTING EVIDENCE IN THE RECORD AND THE ARGUMENTS YOU'LL HEAR TONIGHT. >>COUN. DAVIS: THANK YOU, MA'AM. I KNOW YOU KNOW THE PROCESS. A FUEL RULES. ALL OF THE PRESENTERS MUST BE SWORN IN. THE TIME LIMITS ARE AS FOLLOWS. ON BEHALF OF THE APPELLANT AND NEIGHBORHOOD ASSOCIATION, YOU HAVE EIGHT MINUTES. PRESENTATION FROM THE APPLICANT WHICH IS 7B BUILDING AND DEVELOPMENT LLC HAS TEN MINUTES. PRESENTATION OR RESPONSE BY THE CITY PLANNING STAFF. THREE MINUTES AND YOU'LL HAVE TWO MINUTES TO RESPOND TO ANY AND ALL OF THAT IF YOU SO CHOOSE. AT THAT POINT, DO WE NEED TO SWEAR EVERYBODY IN? WOULD YOU -- AND ANY OTHER OF THE CITY PLANNING STAFF AND FOLKS PRESENTING THIS EVENING, WHERE DO WE HAVE OUR APPLICANTS FROM 7B? COME ON DOWN. HAVE A SEAT IN THE FRONT ROW. WE DO HAVE TO SWEAR EVERYBODY IN. IF YOU WILL RAISE YOUR RIGHT HAND AND PROMISE TO SWEAR THE TRUTH. >> I DO. >>COUN. DAVIS: DO YOU PROMISE TO SWEAR THE TRUTH? >> I AM AN ATTORNEY. WE ONE OTHER REPRESENTATIVE THAT IS AVAILABLE TO ANSWER ANY QUESTIONS. SHE DEALS WITH THE DAY TO DAY. >>COUN. DAVIS: WE'RE GOING TO SWEAR IN NOW JUST TO BE SURE. STAND UP FOR ME. RAISE YOUR HAND. DO YOU SWEAR TO TELL THE TRUTH? >> I DO. >>COUN. DAVIS: GREAT. >> DON'T START YET. I DO HAVE KAEGS I WAS HOPING THIS WOULD SHOW UP BETTER ON THE OVERHEAD. I'M GOING TO SHOW IT ON THE OVERHEAD. I HAVE ABOUT FIVE EXTRA COPIES. >>COUN. DAVIS: THAT WAS ALREADY IN THE RECORD? >> YES. >> IT'S NUMEROUS PLACES. >>COUN. DAVIS: WOULD YOU SHARE THAT WITH US? >>COUN. DAVIS: PROCEED. YOU HAVE EIGHT MINUTES. >> THANK YOU FOR VOTING TO HEAR THIS APPEAL. ON THE BACKGROUND TABLE THAT SHOWS THE STREET ELEMENT DIMENSIONS SHOWN IN THE DEVELOPMENT PROCESS MANUAL. THIS IS THE AREA WE'RE TALKING ABOUT. THIS BUFFER HERE. I REFER TO BUFFER THAT'S WHAT I'M TALKING ABOUT IS BETWEEN THE STREETS AND THE SIDE WALK. NOTICE THIS IS ALONG MAJOR ROADS. WE ALREADY DON'T HAVE A BIKE LANE, WE DON'T HAVE A BUFFER -- I'M SORRY A BIKE BUFFER. WE DON'T HAVE TRANSIT LANE. WE DON'T HAVE A MEDIAN. WE DON'T HAVE ON-STREET PARKING. THE ONLY THING OUT OF ALL THIS THAT CAN HAPPEN IS THE BUFFER, SIDE WALK, FRONTAGE, PORTION OF THE DESIGN. IT SHOWS IN A MAIN STREET CORRIDOR THAT HAS A DIMENSION OF LISTED ON THIS CHART. FIRST STREET DESIGNATED THE MAIN STREET AND MULTIMODAL CORRIDOR AND HISTORICAL ROUTE 66. THE GOAL OF THE DESIGNATION IS TO MAKE IT LIVELY, HIGHLY WALKABLE STREET LINED WITH NEIGHBORHOOD ORIENTED BUSINESSES. THIS CONCEPT DATES BACK TO THE NORTH FOURTH CORRIDOR PLAN 2009 AND CONTINUES TO APPEAR IN THE COMPREHENSIVE PLAN AND IS CARRIED OUT THROUGH THE IDO INCLUING CHARACTER PROTECTION OVERLAY NINE AND THE DEVELOPMENT PROCESS MANUAL. THE NORTH VALLEY COALITION HAS BEEN ACTIVE IN SUPPORTING THAT CONCEPT BEING INVOLVED IN TWO PROJECTS BEING BUILT AT 2818 AND FOURTH STREET. THESE PROJECTS HEARD BY THE DRB WILL USE THE CROSS SECTION GUIDELINE AND BLEND THEM WITH THE ALREADY EXISTING SIDE WALK. THE UNM HEALTH CLINIC IS A PRIME EXAMPLE OF BLENDING SIDEWALKS AND PRESENTING A WALKABLE AREA. THESE GUIDELINES ARE REQUIRED IN CPO9 AND THE DPM AND ARE IN THE FORTH FOURTH STREET CORRIDOR PLAN. THERE'S ALSO A COMPLETE STREETS ORDINANCE. THE BUFFER IS IMPORTANT. NOT ONLY FOR ACCOMPLISHING STREET DESIGNATION GOALS AND PROVIING VISUAL INTERESTS, BUT ALSO FOR PEDESTRIAN SAFETY. THIS IS PARTICULARLY IMPORTANT WHEN THERE'S NO PARKING PROVIDING A BUFFER BETWEEN THE VEHICLES AND THE ROAD AND THE PEDESTRIANS. ADDITIONALLY TO MITIGATE IMPACTS OF A DRIVE THROUGH CAR WASH WHICH WOULD NOT BE ALLOWED ON A MAIN STREET CORRIDOR IF THE IDO DID NOT EXEMPT CAR WASHES AS BEG DESIGNATED AS DRIVE THROUGH. THIS WAS SUBMITTED TO THE BOARD WHICH WOULD HAVE BEEN PROVIING MORE TRANSPARENCY AND ACCOUNTABILITY. BECAUSE OF IMPROVED INFRASTRUCTURE REQUIREMENT WAS REQUIRED, THE SITE PLAN SHOULD BE HEARD BY THE DRB. THEY APPROVED AN INFRASTRUCTURE LIST THAT INCLUDED A 10-FOOT SIDE WALK OBTHE EAST. THAT DID NOT SPECIFY A LOCATION ADJACENT TO THE CURB AS STAFF STATES IN THE COMMENTS. PAGE SIX OF THE APPEAL PACKET CONFIRMS THERE'S NO DISCUSSION OF LANDSCAPE BUFFER IN THE TRANSPORTATION OR PRINCIPAL -- PLANNING COMMENT. CODE ENFORCEMENT COMMENT STATED THE DEVELOPMENT MUST MEET ALL APPLICABLE STANDARDS AND PROVISIONS OF THE IDO, DPM AND OTHER ADOPTED CITY REGULATIONS INCLUING BUT NOT LIMITED TO CPO9. WE DID NOT APPEAL THE FEBRUARY DECISION BECAUSE WE WERE ASSURED PUBLIC CONCERNS WOULD BE ADDRESSED IN A PRE-SUBMITTED MEETING WHEN A PROPOSED PROJECT WAS SUBMITTED. WE NEVER NOTIFIED OF THE APRIL HEARING. THE 10-FOOT SIDE WALK REQUIREMENT CARRIED OVER TO SITE PLAN APPROVAL. THE CITY NOTES IN THE APPEAL PACKET CONTAIN NUMEROUS REFERENCES TO THE IMPORTANCE AND HIGH PRIORITY FOR WIDE SIDEWALKS AND LANDSCAPE BUFFER ZONE. THE LUHO STATES THE DPM REQUIRES STRAIGHT DID HE KNOW TO MEET BEST PRACTICE AND SHOULD INDICATE DESIGNERS ARE ENCOURAGED TO APPLY THE GUIDELINES TO THE GREATEST EXTENT FEASIBLE. THERE'S NO DOCUMENTATION THAT HAPPENED OR COULD NOT HAPPEN. I DISCUSSED THE CROSS SECTION GUIDELINES WITH BOTH THE ORIGINAL APPLICANT AND THE AGENT SO THEY WERE WELL AWARE OF MY CONCERNS. STAFF SHOULD HAVE CONSIDERED THE PROVISION FOR A PEDESTRIAN BUFFER. ONE CONSTRAINT CITED WAS THE APPLICANT CONSTRUCTED A TEN-FOOT SIDE WALK AND ILLOGICAL TO ASK THEM TO REMOVE IT. HOWEVER THEY DID NOT CONSTRUCT A 10-FOOT SIDE WALK AND WE OBJECT TO THE FINDING. THE END RESULT WAS A TEN-FOOT SIDE WALK, BUT THEY CONSTRUCTED A FOUR-FOOT SIDE WALK ADJACENT TO A PRE-EXISTING SIX-FOOT SIDE WALK. THIS IS THE FOUR-FOOT SIDE WALK. I OFFERED ONE POSSIBLE DESIGN TO MEET THE GUIDELINES TO BE LEAVE THE FOUR FOOT SIDE WALK AND ADD SIX FEET TO IT AND HAVE A FIVE-FOOT PEDESTRIAN BUFFER. I OFFER THIS IS AS A COMPROMISE AND SHE REFUZZED IT. STAFF IS INCORRECTED STATE WE HAVE LAYOUT SHOWN AS THE DPM. WE THINK THE INTENT SHOULD BE IN THE APPROVED PLAN. NOTHING IN THE DPM GUIDELINE STATES THAT THESE GUIDELINES ONLY APPLY TO AREAS WITHOUT CURRENT SIDEWALK. THE OTHER CONSTRAINT OFFERED BY THE CITY AT LUHO HEARING WAS INADEQUATE RIGHT-OF-WAY TO ALLOW FOR THE BUFFER. HOWEVER, THE RIGHT-OF-WAY ENDED AT THE BACK OF THE CURB. WE'RE REALLY TALKING ABOUT 15 FEET OF EASEMENT. THIS SITE IS A LARGE PORTION OF THE BLOCK AND A LOT TO THE SOUTH HAS THE SAME. THIS SHOWS THE SIZABLE FRONTAGE AND FUEL POLES TO WORK AROUND ON THE STREET. THESE CROSS SECTION GUIDELINES ONLY APPLY TO NEW CONSTRUCTION OR EXPANSION BY 25%. THAT IS MORE REASON TO MEET THE STANDARDS AND FOLLOW AND SET PRECEDENCE. BESIDES THE BUFFER, ANOTHER MISSING COMPONENT OF THE APPROVED STREET SCAPE IS STREET TREES WITH ARE REQUIRED. THE CITY JUSTIFIES NON-COMPLIANCE WITH GUIDELINES USING THE WORDS BALANCE, PRIORITIZE, REASONABLE DISCRETION. THE LUHO AGREES. STAFF COMMENTS THAT THE GUIDELINES ARE THE PREFERRED OUTCOME BUT NOT THE ONLY. HOWEVER, THERE ARE NUMEROUS PLANS AND DOCUMENTS RECOMMENDING THESE CROSS SECTION GUIDELINES AND YET THEY WERE ALL IGNORED. NOT EVEN MENTIONED. SHOULDN'T THESE HAVE BEEN THE PRIORITY? WHAT USERS ARE WE BALANCING AND PRIORITIING BY ELIMINATING THE BUFFER? WE SHOULD EXPECT DETAILED DOCUMENTATION TO JUSTIFY THE INABILITY TO MEET THE GUIDELINES. THAT IS NOT IN THE FILE. I STAND BY THE JUSTIFICATION IN OUR ORIGINAL APPEAL. STAFF ACTED ARBITRARILY AND CAPRICIOUSLY BY IGNORING PLANS, PRECEDENCE, AND CORRIDOR DESIGNATION. THE DECISION TO ELIMINATE THE BUFFER AND STREET TREES IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE. STAFF ERRORED IN IGNORING PLANS AND POLICIES AND REGULATION. THERE COULD HAVE BEEN A MUCH BETTER ATTEMPT TO COMPLY WITH THE WONDERFUL PLANS WRITTEN FOR THE CITY, STREETS AND NORTH 4th CORRIDOR. PLEASE SEND THIS BACK TO BE REDESIGNED TO STAFF OR DRB WHICH IS WHERE IT SHOULD BE HEARD IN THE FIRST PLACE. THANK YOU. >>COUN. DAVIS: NEXT WE HAVE PRESENTATION FROM THE APPLICANT WHICH IS 7B BUILDING AND DEVELOPMENT. ONE OF YOU. THERE WE GO. WELCOME SIR. INTRODUCE YOURSELF FOR THE RECORD. >> GOOD EVENING, MY NAME IS PETRAS. I'M AN ATTORNEY REPRESENTING 7B BUILDING AND DEVELOPMENT IN THIS MATTER. I WANT TO START WITH A CLARIFICATION OF THE PRESENTATION BY STAFF AT THE BEGINNING WHERE THEY DESCRIBED HOW THIS WAS APPROVED DURING THE PLOTTING PROCESS. THAT IT WAS STREET, SIDE WALK, LANDSCAPE BUFFER. AT THE TIME, NO SITE DEVELOPMENT PLAN HAD BEEN DEVELOPED. WE HAD NOT DECIDED ON WHAT WAS GOING TO BE IN THIS LOCATION AND SO THERE WAS AN INDICATION ON THE APPROVED PLAT THAT A TEN-FOOT SIDE WALK BE ADJACENT TO THE CURB. MS. NORTON POINTED OUT IT DOESN'T SAY ATTACHED TO THE CURB, THAT'S CORRECT. IT DOES INDICATE IT'S GOING TO BE IN A 10-FOOT EASEMENT AJAYSMENT TO THE CURB. LIMITING IT TO THE AREA. WHEN THE DRB APPROVED THE PLAT WITH THE 10-FOOT SIDEWALK, MS. NORTON NOR THE NORTH VALLEY COALITION APPEALED THAT DECISION. I THINK THAT'S PART OF WHAT THEIR PROBLEM IS HERE TONIGHT. IS THAT THEY'RE TRYING TO GO BACK AND REDO THAT DECISION. EXISTING ELEMENTS ON A SITE SUCH AS THIS TEN-FOOT SIDEWALK ARE NOT SUBJECT TO THE SAME STANDARDS AS A GREEN FIELD SITE WOULD BE. THAT REFERENCE COMES FROM DPM 7-3B4. IN FACT, THE IDO SPECIFICALLY REQUIRES FOR APPROVAL OF THE SITE PLAN MOST COMPLY WITH ANY CONDITIONS SPECIFICALLY APPLY TODAY THE DEVELOPMENT OF THE PROPERTY AND PERMIT OR APPROVAL AFFECTING THE PROPERTY. THAT'S IDO6-5G3A. WE FEEL LIKE THIS PLAT APPROVAL WAS AN APPROVAL AFFECTING THE PROPERTY WE'RE REQUIRED TO COMPLY WITH. IT'S ECONOMICALLY INEFFICIENT FOR US TO BUILD A SIDEWALK, TEAR UP THE SIDEWALK AFTER THE FACT OF BUILDING PLANS HAVE ALREADY BEEN PUT IN PLACE AND GONE THROUGH AN EX-TENSE FRB APPROVAL PROCESS. 7B DEVELOPMENT STRIVES TO BE A GOOD COMMUNITY PARTNER AND WE HAVE DONE SO HERE IN ALBUQUERQUE BY PARTICIPAING IN MULTIPLE POST-SUBMITTAL MEETINGS TO ADDRESS THE CONCERNS OF THE NORTH VALLEY COALITION. WE HAVE ADOPTED SOME OF THE CONCERNS DOWN TO THE LEVEL OF ALLOWING THEM TO CHOOSE WHICH PLANTS WE PLANT IN THE LANDSCAPE BUFFER BETWEEN THE SIDEWALK AND THE FACILITY. MS. NORTON ALLEGED THAT CITY STAFF ACTED ARBITRARILY AND CAPRICIOUSLY, AND NOT LEFT SUBSTANTIAL EVIDENCE AND ERRORD IN THEIR CONSIDERATION OF THE IDO. WE DISAGREE. THERE HAVE BEEN THE ORIGINAL APPROVAL BY STAFF, THE POST-SUBMITTAL MEETING, THE FACILITATED MEETING, MANY ISSUES WERE DISCUSSED AT THOSE. AND THE CITY STAFF APPROVED THE SITE PLAN WITH THE CONSIDERATION OF THE EXISTING SIDEWALKS. THE FACT THAT THE SIDEWALKS IN THE ADJACENT PROPERTIES ARE ALSO ATTACHED TO THE CURB, THE LIMITED DEPTH OF THE SITE, AND THE AVAILABLE RIGHT-OF-WAY IN THE SULTH SUBSTANTIAL LANDSCAPE PLAN BETWEEN THE SIDEWALK AND FACILITY. THAT REVIEW CRITERIA IS LIMITED TO THE IDO, DPM AND OTHER ADOPTED CITY REGULATIONS AND OTHER CONDITIONS SPECIFICALLY APPLIED TO THE DEVELOPMENT OF THE PROPERTY OR APPROVAL AFFECTING THE PROPERTY. MS. NORTON IN THE NORTH VALLEY COALITION HAVE ASKED US TO GO BACK TO LOOK AT THAT PRIOR APPROVAL AND CHANGE THAT HERE IN THIS SITE PLAN APPROVAL. AND THAT'S JUST NOT APPROPRIATE. IN ADDITION, THE THREE REQUIREMENTS THAT YOU CAN OVERTURN A DECISION ADMINISTRATIVE DECISION OF THE STAFF ARE ACTING ARBITRARILY CUPRAPRICIOUS CAPRICIOUSLY, WAS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE AND THEY ERRORED IN CONSIDERATION OF THE IDO. ARBITRARILY AND CAPRICIOUSLY MEANS NO REASONABLE PERSON COULD COME TO THE SAME CONCLUSION, AND SUBSTANTIAL EVIDENCE MEANS ALL IS MORE THAN A MERE SCINTILLA OF EVIDENCE. I THINK IT'S CLEAR THERE IS IN THIS CASE. THE DPM IS A -- HAS A BIT OF FLEXIBILITY IN IT. IT HAS SAID SO REPEATEDLY IN THE DOCUMENT. MS. NORTON SHOWED YOU A TABLE OF STREET ELEMENTS. AND A NOTE THAT GOES ALONG WITH THOSE TABLES SAYS THIS TABLE DOES NOT INDICATE WHETHER THE STREET ELEMENTS ARE REQUIRED FOR A PARTICULAR ROAD WAY AND SHOULD BE USED IN COMBINATION WITH THE ABC COMPREHENSIVE PLAN TABLE 7-5. ADMITTEDLY, IN A MEAN -- MAIN STREET AREA A LANDSCAPE BUFFER IS A HIGH PRIORITY ELEMENT. IT IS NOT A REQUIRED ELEMENT. ELSEWHERE, IT GOES ON TO SAY IN THE DPM THAT LIMITED RIGHT-OF-WAY OF EXISTING FACILITIES MAY PROVIDE CONSTRINTS AND FORCE DESIGNERS TO MAKE CHOICES AND TRADEOFFICE. THAT IS EXACTLY WHAT HAS OCCURRED. THE CITY PLANNING STAFF THROUGH ALL OF THE APPROVAL PROCESS AND MEETINGS HAS DECIDED AND THE APPLICANT THINKS APPROPRIATELY WITH THE CONSIDERATION OF THE SPECIFIC SITE CONDITIONS AND CONSTRAINTS THAT THE SIDEWALK IS APPROPRIATELY ATTACHED TO THE CURB. WE HAVE A LOT OF -- A LOT OF MS. NORTON'S CONCERNS STEM AROUND TWO THINGS. THAT THIS IS A CAR WASH THAT SHE BELIEVES SHOULD BE EXCLUDED FROM THE IDO FOR APPROVAL. AND IT'S NOT. BUT THIS IS NOT THE POSITION, THE PLACE, TO RECONSIDER WHAT THE IDO SAYS. THAT WOULD BE FOR WHATEVER IDO REAPPROVAL PROCESS THAT WILL OCCUR. THIS INDIVIDUAL APPLICATION IS NOT THE PLACE FOR THOSE CONSIDERATIONS. AND SO, I'LL GO AHEAD AND CON CONCLUDE MY COMMENTS THERE. I WILL NOTE THAT FOR THE RECORD THAT WE HAVE VIRGINIA HERE WITH THE LAND USE PLANNING. SHE'S THE ON-SITE DEVELOPER WORKING DIRECTLY WITH CITY STAFF IF THERE'S QUESTIONS FOR HER. >>COUN. DAVIS: THANK YOU. THANK YOU, SIR. WE'LL MOVE TO CITY PLANNING STAFF. IF YOU HAVE ANY COMMENTS OR PRESENTATIONS. YOU HAVE THREE MINUTES. ANYTHING SIR? >> WE DON'T HAVE A PRESENTATION. >>COUN. DAVIS: GREAT. WE'LL SKIP THAT PART. MS. NORTON, YOU'RE BACK IF YOU CHOOSE. WE HAVE UP TO TWO MINUTES FOR REBUTTAL AND COUNCILORS WILL HAVE AN OPPORTUNITY TO DELIBERATE. >> I'M NOT AS GOOD AT UNPREPARED REMARKS AND AT THE LUHO HEARING I HAD A HARD TIME DOING CROSS EXAMINATION. WHAT WE ARE APPEALING IS THE SITE PLAN APPROVAL. THAT'S EXACTLY IT. WE DO ACCEPT THE EARIER APPROVAL OF THE TEN-FOOT WIDE SIDEWALK AND SOMEHOW THIS SITE -- PLANS TO WORK IN THAT CONSTRAINT. THAT'S FINE. THE COMPREHENSIVE PLAN SHOWS THAT BUFFER IS A HIGH PRIORITY. MAIN STREET CORRIDOR CONSIDER IT A HIGH PRIORITY. THE CHARACTER PROTECTION OVERLAY REQUIRES IT. AND REFERS IT TO THE DPM. THE NORTH FOURTH STREET CORRIDOR HAS ALMOST THE SAME PICTURE. ALL THESE PLANS THAT DON'T REQUIRE IT BY HIGHLY, HIGHLY RECOMMEND IT SHOULD BE RESPECTED. IF WE'RE NOT GOING TO FOLLOW THOSE PLANS, WHY DO WE EVEN HAVE THEM? I MENTIONED THE CAR WASH ONLY AS A MEANS FOR MITIGATING THE EFFECTS OF IT. NOT SAYING IT CAN'T BE THERE. I REALIZE IT CAN BE THERE. I'M NOT EXACTLY SURE WHY WE EXCLUDED IT AS A DRIVE THROUGH FACILITY. THE ONLY CONCERN, REALLY, THAT THE APPLICANT ADDRESSES FROM OUR ONE PUBLIC MEETING AND WE HAD A COUPLE SMALLER, I DON'T KNOW, LITTLE MEETINGS TO SEE IF WE CAN COME TO A CONSENSUS, THE ONLY CONCERN THEY REALLY ADDRESSED IS FECES. I'M REALLY CONCERNED THERE'S NO STREET TREES. I'M NOT SURE HOW THOSE GOT LEFT OUT OF THE DESIGN. I STILL STAND BY MY COMMENTS. >>COUN. DAVIS: THANK YOU. WE'RE GOING TO MOVE TO DISCUSSION AND DELIBERATION. WE'RE GOING TO START WITH OUR IDO EXPERT. COUNCILOR BENTON. >>COUN. BENTON: COUPLE OF SERIES OF QUESTIONS. I'M NOT SURE EXACTLY WHO TO ADDRESS THESE TO. I KNOW MS. RONCILLO LOOKED AT THIS. THE DEFINITION OF A LANDSCAPE BUFFER, COULD YOU READ THAT? AND WHERE THAT RESIDES. >> SURE, MR. PRESIDENT, COUNCILOR BENTON, IN THE DPM A LANDSCAPE BUFFER ZONE IS DEFINED AS AN AREA BETWEEN THE CURB AND THE SIDEWALK THAT PROVIDES SPACE FOR SIGNAGE, UTILITIES, STORM WATER, LANDSCAPING, AND DRIVE WAY APRON. >>COUN. BENTON: EMPHASIS ON THE FIRST PHRASE. BETWEEN THE CURB AND THE SIDEWALK. SO, I AM LOOKING IN THE RECORD AND I KEEP SEEING REFERENCES TO THE FACT THAT THE STAFF, CITY STAFF NEEDS FLEXIBILITY WHEN APPLYING THESE STANDARDS IN THE DPM. I DON'T THINK ANYBODY IS DISPUTING THAT. HOWEVER, I HAVE YET TO SEE ANYTHING, AND I BELIEVE IT WAS FADED BY MS. NORTON, THERE WAS NO RECORD OF ANY KIND OF DISCUSSION ON THE PART OF STAFF OF WHY THIS IS NOT BEING PROVIDED IN THE PLACE THAT IT'S DEFINED IN THE DPM. SO, I FIND IT SURPRISING THAT THERE'S NO PRESENTATION BY THEM AND THERE'S NOTHING IN THE RECORD TO INDICATE THAT STAFF DELIBERATED ON THEIR OWN ABOUT WHY THIS DEVIATION OCCURRED. >> MR. PRESIDENT, COUNCILOR BENTON, SINCE PLANNING STAFF IS HERE WE HAVE AN OPPORTUNITY TO HEAR FROM THEM NOW IF THEY'RE ABLE TO POINT TO SOMETHING IN THE RECORD. >>COUN. DAVIS: DO YOU WISH TO QUESTION THEM? >>COUN. BENTON: YES, PLEASE. >>COUN. DAVIS: NOW, IT'S YOUR TURN. >>COUN. BENTON: JUST AS A LEAD IN, THE QUESTION IS, YOU KNOW, WHAT WAS THE DISCUSSION OF THE STAFF ON THIS SPECIFIC PROJECT THAT LED TO A DECISION THAT IT WAS BENEFICIAL AND IN SOME WAY FOR THE PUBLIC INTEREST OR FOR -- BY CONSISTENCY WITH THESE VARIOUS RECOMMENDATIONS. DO WE WANT TO CALL THEM RECOMMENDATIONS, AND NOT ABSOLUTE FIXED REQUIREMENTS BUT STRONG RECOMMENDATIONS THROUGHOUT VARIOUS DOCUMENTS THE CITY HAS, WHAT WAS THE DISCUSSION THAT OCCURRED WITH YOUR STAFF TO DETERMINE THAT IT'S OKAY, A LANDSCAPE BUFFER DESPITE THE DEFINITION WITHIN THE DPM DOES NOT HAVE TO BE BETWEEN THE CURB AND SIDEWALK. >> YES, COUNCILOR. SO, THE ISSUE OF WHERE THE SIDEWALK WAS AND IF THERE'S A LINED -- LANDSCAPE BUFFER, THAT WAS DECIDED AT THE DRB DURING PLATTING. THAT'S TYPICALLY WHEN WE DEIT BECAUSE WE ASK FOR RIGHT-OF-WAY OF EASEMENT. WHEN IT GOT TO SITE PLAN, TYPICALLY IT'S CURRENT PRACTICE THAT WE DO NOT GO BACK AND OVERRIDE DECISIONS BY DRD OR OTHER ENGINEERS. I WAS NOT THE TRANSPORTATION ENGINEER AT THE TIME. I WAS THE TRANSPORTATION ENGINEER THAT APPROVED THE SITE PLAN. WE DON'T GO BACK IN TIME AND LOOK AT PREVIOUS DECISIONS SO LONG AS THE ONLY TIME WE WILL OVERPRIDE RIDE -- IF THERE'S A MAJOR SAFETY CONCERN. >>COUN. BENTON: THANK YOU FOR THE EXPLANATION. THE DECISION OCCURRED AT THE DRB. WAS THERE DISCUSSION AT THE DRB AS TO WHY WE'RE NOT PLACING THE LANDSCAPE BUFFER WHERE PRETTY CLEARLY THE PUBLIC POLICY INTENTION IS THAT IT SHOULD BE? >> UNFORTUNATELY, I DON'T HAVE THE ANSWERS TO THAT. I WAS NOT IN TRANSPORTATION AT THE TIME. >>COUN. BENTON: IS THERE SOMEONE FROM THE DRB THAT CAN SPEAK TO THAT DISCUSSION? >>COUN. DAVIS: MA'AM FOR THE RECORD, GIVE US YOUR NAME AND I'M GOING TO ASK YOU TO RAISE YOUR HAND. >> I SWEAR TO TELL THE TRUTH. AND I WAS THE DRB CHAIR WHEN THIS CASE WAS HEARD IN FEBRUARY. AND GENE WAS THE TRAFFIC JAERN. I THINK -- WOULD CONSTRAIN THE PROPERTY OWNER. IN ADDITION TO THEY HAD TO SET BACK FROM THE RESIDENTIAL AREA BECAUSE OF THE CAR WASH OUTDOOR EQUIPMENT. AND SO I THINK AT THAT TIME SHE BALANCED THINGS OUT KNOWING THAT IN ADDITION TO SOME OF THE REQUIREMENTS ON 4th STREET MEANT IF A SEEDWALL NEEDED TO BE CONSTRUCTED ALONG THE PROPERTY FRONTAGE SO IT LOOKED LIKE MAIN STREET AND THE APPLICANT WAS PROVIING LANDSCAPE IMMEDIATELY IN FRONT OF THE FACADE WALL. I THINK AT THAT TIME SHE WAS FOCUSED ON THE PLAT. I THINK AT THAT TIME SHE KNEW ABOUT THE SIDEWALK FOR THE CAR WASH LIKELY COMING IN AND DETERMINED THAT GIVEN THE DEPTH OF THE PARCEL SOME OF THE OTHER REQUIREMENTS ON FOURTH STREET THAT WAS A GOOD BALANCING OF WHERE THE LANDSCAPE BUFFER WOULD BE. BECAUSE THERE IS A LANDSCAPE BUFFER. THIS IS MORE ABOUT THE LOCATION OF IT BEING BETWEEN THE CURB AND THE SIDE WALK OR BETWEEN THE SIDE WALK AND FACADE WALL. >>COUN. BENTON: SO, THANKS FOR THE EXPLANATION. THE -- IT SOUNDS LIKE THERE'S A LOT OF CONSIDERATION GIVEN TO THE NEEDS OF THE CAR WASH PLAN WITH REGARD TO THIS. AND AS I UNDERSTAND IT, THIS TEN-FOOT EASEMENT WAS NEGOTIATED AS PART OF THE APPROVAL. CORRECT? THE TEN-FOOT EASEMENT THAT SHOWS UP ON THE PLAT. >> CORRECT. >>COUN. BENTON: SO, WAS THERE ANY REASON WHY THAT EASEMENT COULD NOT HAVE BEEN WIDER IN THE SAME AMOUNT OF LANDSCAPING BE REQUIRED? IT WOULD HAVE BEEN A WIDER EASEMENT. FROM WHAT YOUR DESCRIPTION IS, IT WOULDN'T HAVE COMPROMISED THE PLACEMENT OF THE BUILDING OR THE ELEMENTS ON THE SITE. IT WOULD SEEM THAT THE -- SINCE YOU'RE ALREADY NEGOTIATING AN EASEMENT YOU WOULD NEGOTIATE A WIDER EASEMENT. AND YOU PUT THE SIDEWALK WHERE IT'S INTENDED BY THE NORTH FOURTH CORRIDOR PLAN AND ALL THESE OTHER GUIDELINES. >> THANK YOU, COUNCILOR DAVIS, COUNCILOR BENTON, THERE IS A MAXIMUM SETBACK ON FOURTH STREET OF 15 FEET. I THINK THE EASEMENT ALLOWED THE PROPERTY OWNER TO ABIDE BY THAT 15-FOOT MAXIMUM SETBACK AND THERE'S FIVE -- THE STANDARD SIDEWALK IS AN EASEMENT. THEREFORE, THEY'RE ABLE TO USE THE SETBACK FROM THE PROPERTY LINE IN ORDER TO MEET THE MAX MISDEMEANOR SETBACK. THEY COULDN'T SET HAD BACK FURTHER. IF ALL OF THAT WOULD HAVE MOVED IT WOULD HAVE AFFECTED THE COMPLIANTS -- COMPLIANCE WITH THE MAXIMUM SETBACK. >>COUN. BENTON: SO, THE MAXIMUM SETBACK IS 15, CORRECT? >> 15 FEET. >>COUN. BENTON: AND THE RIGHT-OF-WAY LINE OR PROPERTY LINE IS BACK OF THE CURB? >> THE RIGHT-OF-WAY LINE IS BACK OF CURB. >>COUN. BENTON: RIGHT. SO, WITHIN 15 FEET, YOU COULD DO A FIVE-FOOT LANDSCAPE BUFFER AND A TEN-FOOT SIDEWALK, RIGHT? TEN PLUS FIVE FIFTEEN. >> IT SOUNDS SIMPLE BUT IT'S MORE COMPLICATED, TO BE HONEST. >>COUN. BENTON: HERE'S THE PROBLEM I'M HAVING IS LOOKING AT THE RECORD THAT THERE'S A LOT OF TALK ABOUT HOW WE NEED TO ACCOMMODATE AND ESPECIALLY ON EXISTING SITE AND ESPECIALLY ON AN OLD CORRIDOR WHERE WE KNOW THERE'S LIMITED RIGHT-OF-WAY AND SO FORTH. I JUST DON'T SEE THE EVIDENCE IN THE RECORD THAT ANY SERIOUS EFFORT WAS MADE T CREATE THE LANDSCAPE BUFFER IN THE PLACE CALLED FOR IN THE -- AND AS DEFINED IN THE DPM. I GUESS THAT'S NOT A QUESTION, RATHER A STATEMENT. >>COUN. DAVIS: I THINK IT'S COUNCILOR JONES AND MAYBE MYSELF. >>COUN. JONES: THANK YOU. THANK YOU FOR TALKING WITH US. I THINK THIS IS A MAJORLY CONFUSING ISSUE. QUITE OBVIOUSLY, THE CITY ALLOWED THIS TO HAPPEN. AND ISSUED THE PERMIT AND LET IT HAPPEN. SO, IF THE CITY, IN MY OPINION, AND I HATE TO SAY THIS, COULD POSSIBY HAVE BEEN THE ONE WHO MADE THE MISTAKE, WHY WOULD THE DEVELOPER BE RESPONSIBLE TO PAY THE AMOUNT THAT'S BEING ASKED FOR OR WHERE DOES THE CITY -- WHERE IS THE SIT'S LIABILITY FOR ALLOWING THIS AND ISSING THE PERMIT? IF I MAY HAVE SOME LEEM ADVICE ON THIS. >> MR. CHAIR, IT'S A TRICKY QUESTION. THE TRICKY ASPECT IS THE TWO STAGES OF THE APPROVAL IT SOUNDS LIKE THERE WAS THE PLAT WHICH WAS APPROVED AND THERE IS SOME ASPECT OF WHEN A PERSON RELIES ON APPROVAL THERE'S SOME VESTING THAT OCCUR. THE FACT THIS APPROPRIATE HAS BEEN BUILT AND BUILT AS APPROVED BY THE CITY DOES PLACE AN INTERESTING WRINKLE. THAT DOESN'T LIMIT YOUR DISCRETION TO DETERMINE THE SITE PRELIMINARY -- BUT IT DOES PRESENT AN INTERESTING WRINKLE AS FAR AS ANY REMEDY THAT MIGHT ACTUALLY BE AEMPLOYED -- APPLIED AT THE SITE. >>COUN. JONES: IF I MAY, MR. CHAIR? WHAT EXACTLY ARE THE RAMIFICATIONS AND WHERE DO WE SFAND WE ASK TO HAVE THIS ISSUE REMAND THIS AND LET THE LEGAL PEOPLE BATTLE IT OUT? BECAUSE I BELIEVE THIS IS A VERY, VERY DIFFICULT ISSUE. >> MR. PRESIDENT, COUNCILOR JONES, ANY DECISION BY THIS COUNCIL RELATIVE TO ACTION IS APPEALABLE TO STATE DISTRICT COURT. SO THAT IS ONE AVENUE, OF COURSE, TO THE EXTENT THE COUNCIL BELIEVES THERE WAS AN ERROR APPROVING THIS SITE PLAN AS IT WAS APPROVED. THERE'S STILL AN OPPORTUNITY FOR THE DEVELOPER TO REVIEW THE SIDEWALK IN ORDER TO BE IN COMPLIANCE. THAT WOULD NOT BE THE ONLY OPTION TO CONTINUE TO CHALLENGE THE CITY'S DECISION WILL BE AN ALTERNATIVE. >>COUN. JONES: I BELIEVE THIS IS A LITTLE TOO COMPLICATED AS WE'VE HEARD FROM SEVERAL. I DON'T HAVE A LEGAL MIND. I HAVE A RIGHT AND WRONG MIND. SOMETIMES. BUT I WOULD LIKE TO MAKE A MOTION TO REMAND. >>COUN. DAVIS: WE HAVE A MOTION AND SECOND ON A MOTION TO REMAND BACK TO THE PLANNING DEPARTMENT. WE'LL HAVE DISCUSSION ON THE MOTION. DO WE HAVE ANY COMMENTS FROM THIS SIDE OF THE TABLE? COUNCILOR BENTON, DO YOU WANT TO FOLLOW UP ON THAT? LET ME ADD A COMMENT. THAT MIGHT BE THE BEST ANSWER. I HATE TO SEE THESE THINGS DRAG OUT FOREVER. LET ME SAY IT APPEARS TO ME, YOU KNOW I HEARD HER SAY THAT APPLYING THE STANDARD AS WRITTEN IN THE ID ORC, I'M YUDZING MY USING MY WORDS NOTS HER, CONSTRAINTS THE BUILDER. IT SEEMS THE PLANNING DEPARTMENT APPLIED FLEXIBILITY TO SKEEZ -- SQUEEZE SOMETHING THAT MAY NOT FIT OR BE APPROPRIATE. THE RECORD IS NOT WELL DEVELOPED THAT THEY START TODAY APPLY RIGHT STANDARD AND WORKING FLEXIBILITY IN THERE SOME WAY. MY CONCERN IS THE IDO IS CLEAR. SET BY POLICY BY THE COUNCIL AS A GUIDE FOR COOING -- DOING THAT. ANY TIME THERE'S DEVIATION FROM THAT BY STAFF, I THINK THERE NEEDS TO BE A VERY GOOD REASON THAT THIS DOESN'T FIT. NO ANALYSIS THAT THIS DOESN'T FIT IN THE 15 FEET. JUST THAT IT WASN'T THE PREFERENCE. SO, I'M SORT OF INCLINED TO SAY THE PLANNING DEPARTMENT MADE A MISTAKE. I THINK THE REMAND MAY ALLOW FOR COOLER HEADS AND A BETTER ANSWER. COUNCILOR BASSAN, THEN I GO BACK TO COUNCILOR BENTON SINCE YOU STARTED THIS. >>COUN. BASSAN: I JUST WANTED TO -- I THINK THAT WE DON'T GET APPEALS ALL THAT OFTEN HERE. SO, I THINK IT WOULD BE BENEFICIAL FOR THE PUBLIC AND FOR THE COUNCILORS THAT MAY NOT HAVE BEEN THROUGH AN APPEAL WHERE IT'S NOT JUST CAPRICIOUS ARBITRARILY OR FRAUDULENT, BUT WHAT WOULD REMAND MEAN? >> MR. PRESIDENT, COUNCILOR BASSAN, IN THIS INSTANCE IT INVOLVES SENDING THIS BACK TO THE PLANNING DEPARTMENT FOR FURTHER REVIEW. I THINK COUNCIL CAN REQUEST ADDITIONAL JUSTIFICATION FOR ANY APPROVAL THAT THE PLANNING DEPARTMENT MAY ISSUE. ALSO REQUEST THAT THE DEFINITION THAT WE'VE BEEN DISCUSSING BE SPECIFICALLY ADDRESSED AND ANY SUBSEQUENT DECISION BY PLANNING. >>COUN. DAVIS: COUNCILOR BENTON, TO CLOSE ON YOUR MOTION. CLOSE ON THE MOTION. WE'LL DEPEND UPON OUR STAFF TO WRITE FINDINGS WITH REGARD TO THIS AND WHAT WE WOULD BE LOOKING FOR IF THE COUNCIL WERE TO AGREE TO THE MOTION. AND THAT STILL LEAVES SOME AREA IF THE CITY WERE AT FAULT. I'M NOT SAYING -- I'M NOT ASSUMING THE SIALITY THE CITY IS AT FAULT. I HAVEN'T SEEN ANYTHING IN THE RECORD TO EXPLAIN WHY THE DECISION WAS MADE. I THINK THAT'S IT NEEDS TO BE REMANDED. AND THEN THERE'S THE WHOLE PHYSICAL REMEDY OF WHATEVER NEEDS TOO HAPPEN. I THINK A LOT OF DISCUSSION SEEMS TO BE CLEARLY PLACED ON THE IDEA WHILE THERE'S ALREADY A SIDEWALK THERE, IT'S SO MUCH EASIER AND SO MUCH MORE STRAIGHTFORWARD TO ADD TO THE SIDEWALK. THAT WASN'T REALLY STATED THAT WAY. THAT'S WHY I FEEL LIKE WE NEED GUIDANCE AND WE COULD WORK ON THE FINDINGS BETWEEN NOW AND THE NEXT MEETING. >>COUN. LEWIS: MR. PRESIDENT, A REMAND DOES -- WOULD MEAN THAT THERE'S THE BELIEF THAT THERE WAS A MISTAKE MADE WHY -- BY THE PRIOR BODY OF WORK, IS THAT CORRECT? >> MR. PRESIDENT, COUNCILOR LEWIS NO. NOT NECESSARILY. IT WOULD JUST MEAN THAT THE COUNCIL HAS IDENTIFIED VARIOUS AREAS WHERE WE NEED INFORMATION PUT INTO THE RECORD. >>COUN. LEWIS: COULD BE THERE WASN'T SUFFICIENT EVIDENCE TO MAKE THE DECISION. IF WE BELIEVE THERE WAS NOT AN ERROR, OR SAY IT'S AN APPROPRIATION MOTION TO DENY THE APPEAL? >> MR. PRESIDENT, COUNCILOR LEWIS YES. >>COUN. DAVIS: SEEING NO OTHER COMMENTS WE'RE GOING TO CALL THAT TO QUESTION ON THE MOTION TO REMAND. ALL THOSE IN FAVOR WILL UPON THE ROLL CALL OF THE CLERK WHO REMINDS -- COUNCILOR PEÑA IS NOT PARTICIPATING, IS THAT CORRECT? FOR THE RECORD. GREAT. THANK YOU. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: NO. >>COUN. PEÑA: [ EXCUSED ]. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES ON A 7-1 VOTE. >>COUN. DAVIS: THAT MATTER IS REMANDED BACK TO THE PLANNING DEPARTMENT. WE'LL DEVELOP FOLLOW UP QUESTIONS TO BE ADDRESSED IN THE RECORD. AT THIS POINT THE COUNCIL WILL TAKE THE NORMAL DINNER BREAK. FOR THOSE OF YOU THERE INTEREST THE SECOND ACT. WE'LL SEE YOU IN ABOUT 30 MINUTES. >>COUN. DAVIS: FOLKS, WELCOME BACK. ACT TWO OPENS WITH COUNCILOR GROUT AND COUNCILOR SANCHEZ. R-118. >>COUN. GROUT: MR. PRESIDENT, THANK YOU. R-118 IS DECLARING THE CITY'S INTENT TO COLLABORATE WITH ALBUQUERQUE PUBLIC SCHOOLS TO CREATE A PROGRAM TO PREFRBT PREVENT CHILDREN'S EXPOSURE TO CRIME AND VIOLENCE AND TRAUMA, AND IF CREASE KNOWLEDGE AND AWARENESS OF THE ISSUE. DIRECTING THE ALBUQUERQUE POLICE DEPARTMENT, ALBUQUERQUE FIRE AND RESCUE, AND ALBUQUERQUE COMMUNITY SAFETY DEPARTMENT TO ENACT PROTOCOL FOR FIRST RESPONDERS SCENARIOS THAT INVOLVED SCHOOL-AGED YOUTH. I MOVE A DO PASS. >>COUN. SANCHEZ: SECOND. >>COUN. DAVIS: COUNCILOR SANCHEZ HAS A SECOND. COUNCILORS, YOU HAVE A SPECIAL GUEST. >>COUN. GROUT: WE DO. I WANT TO START A LITTLE BACKGROUND. IT'S TRAUMATIC INTEREST KIDS WEB WHEN COMING HAPPENS AND AFR OR APD ARE CALLED TO THEIR HOME. MANY TIMES THEY GO TO SCHOOL THE NEXT DAY AND THEIR TEACHERS AND SCHOOL COUNCILORS HAVE NO IDEA ANYTHING HAS HAPPENED. HANDLE WITH CARE IS A PROGRAM STARTED BY BERNALILLO COUNTY COMMISSIONER SEVERAL YEARS AGO WHEN THEY LET SCHOOLS KNOW WHEN THEY RESPOND TO A SCENE. PARTICIPATION DROPPED OFF AND WE WOULD LIKE TO BRING IT BACK AND PLACE IT INTO THE CODE OF RESOLUTION. WE HAVE VICKY PRICE, THE DIRECTOR OF COUNSELING FOR ALBUQUERQUE PUBLIC SCHOOLS. SHE'S ON ZOOM. AND SHE'LL GIVE A BRIEF PRESENTATION. >>COUN. DAVIS: WELCOME. >> THANK YOU VERY MUCH. I'D ALSO LIKE TO INTRODUCE DR. MUERER. I'LL LET HER INTRODUCE HERSELF. >> I'M THE EXECUTIVE DIRECTOR FOR THE STUDENT FAMILY COMMUNITY SUPPORTS DIVISION FOR ALBUQUERQUE PUBLIC SCHOOLS. I WAS GOING TO DO A QUICK INTRODUCTION. IT'S KNOWN THAT MS. ARMIJO, A FOURTH GRADER WAS GOING TO TALK IN PUBLIC COMMENT, I THINK SHE DID A BETTER JOB WE WERE GOING TO DO ON THIS. I'M GLAD WE HAVE SOME SUPPORT OUT THERE. HANDLE WITH CARE, WE STARTED IT BEFORE THE PANDEMIC. AND IT WAS GOING REALLY WELL AND THE PANDEMIC HIT AND THINGS STARTED TO FIZZLE OUT BECAUSE KIDS CURRENT IN SCHOOL. THE PROGRAM FADED AWAY. WE'RE THRILLED IT'S GETTING A RENEWAL AND REARE -- REBIRTH, REGENERATION. I'M GOING TO TURN IT OVER TO MS. PRICE WHO WILL TAKE YOU THROUGH WHAT THE PROGRAM IS AND WHAT IT LOOKS LIKE. >> OKAY. LET'S GO AHEAD AND GO TO THE NEXT SLIDE. THE HANDLE WITH CARE PROGRAM IS A NOTIFICATION AND CARE SYSTEM. IT WORKS HAND AND HAND, WHEN FIRST RESPONDERS AND SCHOOL SYSTEMS WORK TOGETHER WE CAN NOTIFY THE SCHOOLS SO THAT WE CAN PROVIDE CARE FOR THE STUDENTS. OF COURSE, WE'RE THRILLED THAT THIS IS BEING REVAMPED AND REVITALIZED AND I WANT TO THANK COUNCILOR GROUT FOR GETTING US STARTED AND LIGHTING THE FIRE. I THINK IT'S REALLY IMPORTANT PROGRAM. YOU CAN GO TO THE NEXT SLIDE. SO, WHAT WE KNOW IS WHEN THERE'S A TAUMATIC EVENT, FIRST RESPONDERS SEE CHILDREN AT THE HOUSE OR THE LOCATION WHERE THE EVENT HAPPENED. THEY OFTEN TALK TO THE KIDS, THEY CHECK IN WHEN THEY'RE OKAY. WHAT THIS PROGRAM ALLOWS THEM TO DO IS NOTIFY US THAT THIS CHILD HAS BEEN PART OF SOMETHING TRAUMATIC OR SOMETHING VERY HARD TO WITNESS. AND THEY CAN LET THE SCHOOL SYSTEM KNOW SO THE NEXT DAY WE CAN PROVIDE SUPPORTS AND RESOURCES IF THE FAMILY NEEDS US AS WELL. WHAT WE CAN DO IS TRY AND MITIGATE THE NEGATIVE IMPACT THAT TRAUMATIC EVENTS HAVE ON STUDENTS. REALLY, THROUGH THIS INITIATIVE, WHAT WE'RE TRYING TO DO IS PUT THE STUDENTS FIRST. AND MAKE SURE THAT THEY'RE HELPED AND THEIR WELL-BEING IS TAKEN CARE OF. WE KNOW AS WE RESPOND TO TRAUMA QUICKLY IN A WAY THAT WORKS INDIVIDUALLY FOR EACH STUDENT, WE CAN HELP THEM RECOVER QUICKER. THEY CAN HAVE A HEALTH YERE -- HEALTHIER RESPONSE TO THE TRAUM AND WE CAN SUPPORT THEM IN THE DAYS AND WEEKS TO COME. IT'S ABOUT ENSUING THAT THERE'S ONGOING SUPPORT FOR THE STUDENTS. REALLY, THIS IS JUST A WAY FOR US TO PROVIDE ADDITIONAL SUPPORT AND MAKE SURE THAT KIDS ARE ALWAYS COMING FIRST IN EVERYBODY'S MIND. GO AHEAD AND GO TO THE NEXT SLIDE. THANK YOU. SO, AS WE TALKED ABOUT, IT'S A NOTIFICATION SYSTEM. THE FIRST RESPONDERS ARE SUCH A CRITICAL ROLE BECAUSE THEY SEE THE CHILDREN AT WHATEVER EVENT IS HAPPENING. AND THEY CAN IDENTIFY WHEN THERE MIGHT BE EXTRA RESOURCES NEEDED FOR THE STUDENT. SO, ALL THEY DO IS ASK THE CHILD THE NAME, THEY MIGHT ASK THEM THE SCHOOL THEY GO TO AND THEIR DATE OF BIRTH. IF THEY JUST GET THEIR NAMES WE CAN SEARCH FOR THEM AND TRY TO FIND THEM. IF WE GET THE OTHER TWO THINGS THAT'S HELPFUL TO IDENTIFY. AND ALL THEY WOULD DO AT THAT POINT IS THEY SEND AN EMAIL TO APS POLICE DISPATCH SAYING HERE'S A HANDLE WITH CARE. SOMETIMES THERE'S MULTIPLE STUDENTS IN THE HOME. AND WE TAKE IT FROM THERE. ONCE THEY SEND US THE INFORMATION, WE WILL PUT THE HANDLE WITH CARE NOTIFICATION PROCESS IN PLACE. WE DON'T SHARE ANY DETAILS ABOUT THE EVENT. THEY DON'T REVEAL ANY CONFIDENTIAL INFORMATION. IT'S JUST PUT THIS KID ON YOUR RADAR WE NEED YOU TO CHECK ON THEM TOMORROW. GO AHEAD AND GO TO THE NEXT SLIDE. SO, ONCE OUR POLICE DEPARTMENT RECEIVES IT, THEY'RE GOING TO INITIATE AN EMAIL TO ALL THE SCHOOL POINTS OF CONTACT. THESE POINTS OF CONTACT ARE THE PRINCIPLE, COUNSELOR, AND NURSE AT EACH SCHOOL. EVERY EMAIL GOES TO THOSE THREE PEOPLE. ONE OF THEM WILL TAKE THE LEAD. AND THEY WILL NO FIET TEACHERS -- NOTIFY TEACHERS AND STAFF MEMBERS THAT THERE'S A HANDLE WITH CARE IN PLACE. SO, THEY HAVE AN IMPORTANT ROLE. WE ALWAYS HAVE THEM CONTACT THREE PEOPLE. SO WE CAN ENSURE THAT SOMEBODY RESPONDS TO THE HANDLE WITH CARE NOTIFICATION. GO TO THE NEXT SLIDE. ONCE THE NOTIFICATION GETS TO THE SCHOOL, AND WE GO AND TALK TO THE TEACHER AND SAY THIS HANDLE WITH CARE NOTIFICATION HAPPENS, THEN THEY'RE WELL AWARE AND THERE'S THINGS THEY CAN DO TO HELP THE STUDENT. WHAT WE DON'T DO IS QUESTION THE STUDENT ABOUT THE EVENT, WE DON'T ASK THEM IF ANYTHING HAPPENED. WE DON'T DO THAT. IF THEY ARE EXHIBITING NORMAL BEHAVIOR THAT DAY, WE DON'T CALL THEM OUT. KIDS ABILITY TO HANDLE DIFFERENT EVENTS THAT HAPPEN THAN THEIROME ARE VERY DIFFERENT. WE'RE NOT GOING TO PUT THEM ON THE SPOT. WHAT WE'RE GOING TO DO IS LOOK FOR SIGNS THAT THEY'RE STRUGGLING, MAYBE THEY'RE SLEEPY OR TALKING ABOUT BEING HUNGRY. MAYBE THEY DON'T HAVE HOMEWORK OR THERE'S A BIG TEST, WE'RE GOING TO PAY ATTENTION TO WHAT WE'RE SEEING AND WE'RE GOING TO PROVIDE SUPPORT. AGAIN, WE QUESTION THE STUDENTS BUT WE HAVE EYES ON. GO TO THE NEXT SLIDE. SO, THERE ARE THINGS THEY CAN DO. LIKE I WAS TALKING ABOUT, MONITORING BEHAVIOR. IF THE STUDENT IS UPSET, AND THEY'RE EXHIBITING SIGNS OF SADNESS OR DEPRESSION OR TIREDNESS WE'RE GOING TO REACT IMMEDIATELY. THAT'S A REFERRAL TO THE SCHOOL COUNSELOR OR THE SCHOOL NURSE. DEPENDING ON WHAT WE'RE SEEING WITH THE STUDENT. AT THAT POINT WE STILL DON'T QUESTION THE STUDENT. BUT I CAN TELL YOU MANY TIMES AT THAT POINT THE STUDENT IS READY TO TALK TO SMUBT WHAT'S HAPPENED. WE GO ON THEIR TIME FRAME. WE JOUST FOLLOW AND PROVIDE SUPPORT. WE WILL RESPOND IF THE STUDENT WANTS TO TALK. IF THEY'RE HIGHLY AGITATED OR UPSET, WE WILL CERTAINLY TAKE GOOD CARE OF THEM THAT DAY AND ALSO IN THE DAYS AND WEEKS THAT FOLLOW. SOMETIMES THESE NOTIFICATIONS ARE GREAT BECAUSE IT MIGHT BE A KID THAT WASN'T NECESSARILY ON OUR RADAR BUT NEEDS TO BE ON OUR RADAR AS SOMEBODY THAT NEEDS EXTRA TLC AND ATTENTION. I WOULD SAY WHAT I LOVE ABOUT THIS PROGRAM IS THAT WE DON'T INSERT OURSELVES INTO THE STUDENTS OR FAMILY LIVES BUT WE'RE THERE WHEN THEY NEED US. WE'RE THERE WHEN THEY WANT TO TALK ABOUT SOMETHING AND WE'RE THERE WITH THE HEALING AFTER THE TRAUMA. AND WE CAN ALSO HAVE THE FAMILY FIND RESOURCES IF THAT'S NEEDED. WE CAN PUT MANY, MANY THINGS IN PLACE ONCE WE GET THAT NOTIFICATION. I WOULD SAY IT'S ONE OF THE PROGRAMS THAT I'M MOST PROUD OF IN APS. WE DID SEVERAL NOTIFICATIONS BEFORE AND I WOULD SAY THE STUDENTS ALWAYS FELT LIKE THEY WERE SUPPORTED. AND WHEN THEY WERE READY TO TALK WE WERE RIGHT THERE. EVEN WHEN THEY WEREN'T READY TO TALK, AND JUST NEEDED A SOFT PLACE TO PLANT FOR THE DAY WE COULD PROVIDE THAT AS WELL. YOU CAN GO TO THE NEXT SLIDE AND I DON'T KNOW IF THERE'S TIME FOR QUESTIONS, BUT I AM OPEN TO THOSE IF THERE ARE ANY. >>COUN. DAVIS: THANK YOU, MA'AM. WE APPRECIATE THAT. BEFORE WE GO TO QUESTIONS, WE HAVE ONE PUBLIC SPEAKER IN THE PUBLIC COMMENT PROCESS. WE'RE GOING TO TAKE THEM AND TURN IT OVER TO COUNCILORS TO FOLLOW UP. >> THANK YOU, MR. PRESIDENT. WE HAVE MARILYN ON ZOOM. >> THANK YOU, MR. PRESIDENT. I JUST WANT TO SAY SPECIFICALLY, CRIME THE FOUNDER AND EXECUTIVE DIRECTOR OF NEW MEXICO CHILD FIRST NETWORK. WE'RE A NON-PROFIT DEDICATED TO IMPROVING THE LIVES OF CHILDREN IMPACKED BY FOSTER CARE AND THE CHILD WELFARE SYSTEM. YOU DON'T HAVE TO LOOK FURTHER THAN TODAY'S HEADLINES TO SEE HOW GREAT THIS NEED IS. AND WE ARE SO GRATEFUL FOR COUNCILOR GROUT AND COUNCILOR SANCHEZ AND ALL OF THE BODY AS WELL AS ALBUQUERQUE POLICE DEPARTMENT, AND THE COUNTY COMMISSION AND APS IS LEADING THE EFFORT ON THIS. WE HAVE BEEN WORKING TO TRY TO BRING THIS BACK TO THE CITY FOR THE PAST YEAR WE COULDN'T DO THAT WITHOUT COUNCILOR GROUT AND ALL OF YOUR SUPPORT. UNFORTUNATELY, NEW MEXICO'S CHILDREN HAVE THE HIGHEST ADVERSE CHILDHOOD EXPERIENCES OF ANY CHILDREN IN THE COUNTRY. 66% OF CHILDREN IN THE UNITED STATES HAVE AN ADVERSE CHILDHOOD EXPERIENCE SCORE. AND IN NEW MEXICO, 66% OF CHILDREN HAVE AN ACE SCORE OF FOUR OR HIGHER. IF YOU'RE NOT FAMILIAR WITH THE ADVERSE CHILDHOOD EXPERIENCES IT BECOMES DETERMINATION OF PUBLIC HEALTH AND CONCERN. DIABETES, MENTAL HEALTH, SUICIDE, YOU NAME IT. IF WE CAN MIIGATE TRAUMA AND BRING RESOURCES TO THE FRONT LINES I THINK THIS IS GOING TO INCREASE AND HELP THE CHILDREN AND FAMILIES AND TEACHERS AND OUR COMMUNITY. THIS IS GOING TO HELP FIRST RESPONDERS. THIS IS SUCH A WIN FOR THE ENTIRE COMMUNITY. I DON'T THINK WE CAN DO BETTER. I WANT TO SAY THANK YOU TO THE FOURTH GRAYEDER THAT SPOKE EARLIER BECAUSE SHE DID BETTER THAN ALL OF US. THIS IS SUCH A WIN FOR NEW MEXICO. THIS IS SUCH A WIN FOR ALBUQUERQUE AND THE COMMUNITY. I JUST WANT TO SAY THANK YOU. >>COUN. DAVIS: THANK YOU. DO WE ANYONE ELSE SIGNED UP? >> NO, MR. PRESIDENT. >>COUN. DAVIS: WE'RE BACK TO THE SPONSORS. >>COUN. GROUT: THANK YOU. COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MADAM VICE-PRESIDENT. I JUST WANTED TO MAKE A FEW COMMENTS IN REFERENCE TO THIS. EVERYONE KNOWS I'M RETIRED LAW ENFORCEMENT OFFICER. SOME OF THE HARDEST CALLS I EVER HAD TO DEAL WITH WAS CHILD TRAUMA. ONE OF THE BIGGEST CALLS I REMEMBER VERY CLEARLY WAS A DOMESTIC VIOLENCE THAT HAPPENED IN A MURDER SUICIDE OF BOTH PARENT AND THE KIDS WHO WERE VERY, VERY YOUNG WERE TRYING TO BRING THEIR DEAD PRARNTS TO LIFE AFTER BEING SHOT. IT WAS JUST AWFUL. AND FOR A CHILD TO HAVE TO GO TO SCHOOL THE NEXT DAY OR EVEN A MONTHILATOR LATER HAS TO BE A DIFFICULT SCENE AND SCENARIO. I DON'T KNOW HOW A CHILD IS ABLE TO DEAL WITH THOSE THINGS. I KNOW THEY SAY THE CHILDREN ARE THE MOST RESILIENT AND THEY HAVE TO BE. WITHOUT US GIVING THE HELP AND SUPPORT THEY NEED THROUGHOUT APS AND MAKE SURE THEY HAVE A SOFT LANDING WHEN THESE THINGS HAPPEN AND A SOFT PLACE TO LAND IS SO VERY IMPORTANT TO EVERYONE IN THE COMMUNITY. IT HELPS ALL OF US FOR FUTURE GENERATIONS. I JUST WANT TO SAY THANK YOU SO MUCH FOR SUPPORTING THIS. I KNOW THIS IS A NO-BRAINER TO THE COUNCIL. WE'LL ALWAYS SPORED OUR -- SUPPORT OUR CHILDREN AND SUPPORT THOSE WHO SUPPORT OUR CHILDREN. I WANT TO SAY THANK YOU TO EVERYBODY HERE FOR THEIR CONTINUED SUPPORT. THANK YOU. >>COUN. GROUT: I'M THRILLED OUR WHOLE COMMUNITY IS BEHIND US. JASMINE, I -- DEPUTY DIRECTOR OF ACS, FIRE CHIEF EMILY ARMIJO IS HERE. AND MAND COMMANDER GEORGE VEGA FROM APD. THAT'S REALLY THRILLING. EVERYBODY IS THRILLED TO BE PART OF THIS. CHILDREN ARE THAT IMPORTANT TO ALL OF US. AND SOMETIMES THEY GET LOST AND WE CAN'T LET THAT HAPPEN ANYMORE. WE NEED TO DO A BETTER JOB OF TAKING CARE OF THEM. I THINK THIS IS A GOOD FIRST STEP. APS HAS WONDERFUL PROGRAMS IN PLACE AND THEY JUST NEED TO HAVE THAT INFORMATION. THEY CAN'T DO THAT IF WE DON'T SHARE THE INFORMATION WE KNOW. WITH THIS, I'M EXCITED FOR IT TO GET ROLLING. EACH DEPARTMENT HAS THEIR OWN SPECIAL OPERATING PROCEDURES THAT WILL BE WRITTEN INTO THEIR PROGRAMS. AND THEY'LL GET WITH APS POLICE AND THEY'LL GO FROM THERE. WE'RE GOING TO HELP THESE KIDS AND GET THOSE ACE NUMBERS UP AND WE'RE GOING TO MAKE A DIFFERENCE, I HOPE. THAT'S MY GOAL. I URGE YOUR SUPPORT. >>COUN. DAVIS: ANY OTHER COMMENTS? ANYTHING FROM THE ADMINISTRATION? I DON'T THINK YOU GET TO DO THIS VERY OFTEN. >> THANK YOU, MR. PRESIDENT. I CAN'T SAY ENOUGH ABOUT WHAT EVERYONE HAS SAID TONIGHT. WE'RE VERY SUPPORTIVE OF THIS. AND COUNCILOR GROUT, WE DO HAVE TO TAKE CARE OF OUR KIDS AND WATCH OUT FOR THEM. THANK YOU. >>COUN. DAVIS: ADMINISTRATION THAT SPEAKS IN SHORT SENTENCES. THAT'S GREAT. ANY OTHER QUESTIONS? I THINK COUNCILOR PEÑA MAY HAVE JOINED US BY ZOOM FOR THIS SESSION. IS THAT RIGHT? COUNCILOR PEÑA, CAN YOU HEAR US? >>COUN. PEÑA: YES, THANK YOU. >>COUN. DAVIS: GREAT. WELCOME. AT THIS POINT WE'RE GOING TO DO ROLL CALL VOTES. WE JUST PRACTICED WHEN SHE WAS EXCUSED. PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: CONGRATULATIONS. THANK YOU YOU BOTH FOR JOINING US. >> THANK YOU FOR YOUR PARTNERSHIP. >> THANK YOU. >>COUN. DAVIS: THANK YOU. COUNCILOR BASSAN. 0-55. >>COUN. BASSAN: COMMITTEE SUBSTITUTE AMENDING THE INSPECTOR GENERAL ORDINANCE OF THE REVISED ORDINANCES OF ALBUQUERQUE. I MOVE A DO PASS. >>COUN. DAVIS: I'LL DO A SECOND. >>COUN. BASSAN: MR. PRESIDENT, IF IT'S OKAY WITH YOU, I WOULD LIKE TO HAVE A DISCUSSION ABOUT BOTH 0-55-AND 0-56 WITH THE COUNCIL, ADMINISTRATION, AND THE AUDITOR. BECAUSE I THINK THERE'S BEEN A LOT OF WORK INVOLVED IN THIS. IT'S MY INTENTION TO DEFER THE TWO BILLS WHEN WE HAVE DISCUSSION. I RECOGNIZE WE HAVE A BIG AGENDA. AT THE SAME TIME WHEN IT'S JUST FIVE OF US IN A COMMITTEE AND LET'S HAVE MORE MEETINGS, I THINK THIS WOULD BE REALLY GOOD DO HAVE THE FULL COUNCIL TO WEIGH IN SOME OF THE PRIORITIES OF THE IG, IA, AND THE ADMINISTRATION BECAUSE I AM SPONSORING BY REQUEST. I HAVE MADE IT CLEAR IF THERE'S A HARD WE HAVE TO HAVE THIS IN HERE, THEN LET'S LET IT ROLL. IF IT'S OKAY WITH YOU, I WOULD LIKE TO INVITE THE I.G., I.A. UP HERE. MR. PACHECO. THERE'S BEEN ACCOMMODATIONS IN THE BILLS. WE'VE HAD A MEETING. WE DID NOT FINISH DISCUSSING. MEETING WITH THE ADMIN, I.G., I. A. WE DID NOT FINISH GETTING THROUGH THE CONCERNS. HOWEVER IT WAS ALL AN TRACT CHANGE DOCUMENT SO WE CAN EVALUATE AND FIGURE OUT SOME WAYS TO GO. THE I.G. IN PARTICULAR HAS MADE SOME CONCESSIONS AND ACCOMMODATIONS ON SOME THINGS. IF IT'S OKAY, I WOULD LIKE TO SKIP THAT AND GET TO REALLY WHAT THE I.G. IN PARTICULAR IS SAYING IS A HARD PATH TO STAY IN. SO YOU CAN HEAR THE REASONING WHY IT'S A REQUIREMENT TO KEEP THIS IN THE ORDINANCE AND I WOULD LIKE TO HEAR FROM ADMINISTRATION WHY THEY STRUGGLE WITH KEEPING IT IN THE ORDINANCE TO FIGURE OUT A PATH TO GO FORWARD WITH THE NEXT TWO WEEKS WITH THE FLOOR SUBSTITUTE WHERE IT ACCOMMODATES EVERYBODY OR NOBODY AND WE FIGURE OUT WHAT TO DO NEXT. THE FIRST I'M GOING TO TALK ABOUT IS THE CLAUSE IS THE I.G. CAN ONLY BE REMOVED BY CAUSE FOR TWO-THIRDS OF THE COUNCIL. IF YOU WANT -- I MEAN, TRY TO KEEP IT BRIEF OTHERWISE WE'LL BE ALL NIGHT. IF YOU CAN EXPLAIN WHY YOU THINK FOR CAUSE IS REALLY NECESSARY AND THEN MR. BAKTA CAN EXPLAIN IF IT'S NOT NECESSARY. AT ANY TIME IF YOU LIKE TO ASK COUNCIL STAFF, I'VE WORKED WITH THEM REPEATEDLY ON HOW TO PROCEED AND WHAT WE THINK MIGHT BE LEGAL AND NOT LEGAL AND HOW TO GO FROM THERE. CAN WE START WITH FOR THE CAUSE CLAUSE. >> FOR CLAUSE REMOVAL OF INSPECTOR GENERAL IS CONSISTENT WITH THE GREENBACK STANDARDS FOR INDEPENDENCE. THE GREEN BOOK IS A BOOK PUT OUT. IT HAS PRINCIPLE STANDARDS SET FORTH BY THE ASSOCIATION OF INSPECTOR GENERALS WHICH ACTUALLY IS THE LEADING AUTHORITY ACROSS THE NATION. WITH THAT, IT'S A COMMON EXPERIENCE OF INSPECTOR GENERALS THAT THOSE WHO DO THE JOB TO THE FULLEST EXTENT OF THEIR AUTHORITY ARE OFTEN SUBJECT TO POLITICAL RETALIATION FROM THOSE AFFECTED BY THE INSPECTOR GENERAL INVESTIGATION. IF WE INSTITUTE A FOR CAUSE REQUIREMENT WHAT THAT WILL DO IS IT WILL ENSURE APPROPRIATE MEANS OF PREVENTING ARBITRARY AND CAPRICIOUS REMOVAL WHILE ENSURING THERE'S A PROCESS FOR REMOVING THE INSPECTOR GENERAL WHEN THERE IS CAUSE. >>COUN. BASSAN: IF WE CAN HEAR FROM MR. BACKTA WHY THE ADMINISTRATION IS OPPOSED TO PUTTING IN THE CLAUSE FOR CAUSE. >> THANK YOU, MR. PRESIDENT, FIRST OF ALL I WANT TO APPRECIATE COUNCILOR BASSAN'S INITIATIVE IN CONVENING THIS MEETING. IT WAS HELPFUL. I WANT TO VERIFY THAT ADMINISTRATION SUPPORTS THE OFFICE OF INSPECTOR GENERAL AND INTERNAL AUDITS IN SPIRIT. WE BELIEVE THERE'S CHECKS AND BALANCES AND SOME -- IN REGARD TO ADDING THE LANGUAGE THAT THE PERSON CAN BE TERMINATED ONLY BY CAUSE, I BELIEVE THAT IS ALREADY TAKEN CARE OF. BECAUSE YOU NEED A SUPPER MAJORITY IN THE AGO TO TERMINATE SOMEBODY. I BELIEVE THERE'S THE DEMOCRATIC PROCESS BUILT IN TO THE PROCESS. AND FOR CAUSE IS A VERY SUBJECTIVE WORD. WHO IS GOING TO DECIDE THIS IS FOR THE CAUSE. IF THERE'S AN ARGUMENT ABOUT IT, WHO IS FIY DECIDING FOR CAUSE OR NOT FOR A CAUSE. WE BELIEVE BECAUSE THERE'S A SUPER MAJORITY REQUIREMENT, I THINK IT'S BEEN TAKEN CARE OF. >>COUN. BASSAN: MR. PRESIDENT, I WILL SAY THAT WHEN I WAS DISCUSSING CERTAIN ITEMS ABOUT FOR CAUSE AND REMOVAL FOR CAUSE FROM THE -- IF THE IG WERE EVER REMOVED FOR CAUSE THE POINT IS MADE HOW DO YOU DO AN INVESTIGATION WITH ANYBODY WITHOUT FEAR OF RETALIATION IF THERE'S NOT A CONCEPT OF NOT HAVING YOUR JOB THREATENED. IT REMAIN AS AN UNCLASSIFIED POSITION. MR. MELENDREZ, WHEN IT'S FOR CAUSE, THAT INHERENT BECAUSE IT'S AGO? WE'RE SAYING FOR CAUSE BY TWO-THIRD MAJORITY THAT'S STILL NINE MEMBERS VERSES AGO IS FIVE APPOINTED BETWEEN THE COUNCIL AND THE ADMINISTRATION. IF FOR CAUSE IS SOMETHING THAT WOULD BE OKAY FOR AGO, WHY -- IS IT WRONG? WOULD IT BE INAPPROPRIATE TO INTEREST IT BE WHERE THE COUNCIL REMOVED BY CAUSE? >> MR. PRESIDENT, COUNCILOR BASSAN, TO ANSWER THAT QUESTION, I'LL RELATE SOME OF THE RATIONALE WE DISCUSSED WITH THE ADMIN AND YOU AND TALKING THROUGH THIS. THIS IS ALL SORT OF INFORMED BY RECENT CHANGES AT THE CPOA AND THE CPOA ORDINANCE. THE CITY COUNCIL HAS AUTHORITY IN THAT INSTANCE TO REMOVE THE DIRECTOR OF THE CPOA FOR CAUSE BY SUPER MAJORITY VOTE. THAT INSTANCE THE BOARD ITSELF HAS THE ABILITY TO MOVE THE DIRECTOR. ONE OF THE CONCERNS THAT MAY OR MAY NOT MANIFEST THAT THIS COULD ADDRESS WITHIN THE DISCRETION OF THE COUNCIL IS THE INSTANCE WHERE AN OFFICIAL IN THE CITY WHETHER IT BE THE CPOA DIRECTOR OR IG AND IA IS ACCOUNTABLE ONLY TO A BOARD OF VOLUNTEERS. AND NOT HAVING DIRECT ACCOUNTABILITY TO THE FOLKS ACCOUNTABLE TO THE VOTERS. AND AS MUCH INDEPENDENCE AS CAN BE INJECTED INTO THE SYSTEM FOR GOOD REASON, THERE'S GOOD REASON TO ALSO HAVE A BALANCE ON ACCOUNTABILITY. AND SO, IN ORDER TO POTENTIALLY PROMOTE THAT ACCOUNTABILITY, IF THE COUNCIL BELIEVES THAT LEVEL OF ACCOUNTABILITY IS APPROPRIATE, THAT WAS THE GENESIS FOR THIS APPROPRIATEAL TO HAVE THE ABILITY OF THE COUNCIL TO INTERVENE MOST LIKELY IN A VEER -- VERY EXTREME CIRCUMSTANCE. AND IF SO, ONLY BASED ON AN ARCTICIABLE BASIS. >>COUN. BASSAN: I KNOW ONE OF THE OTHER CONVERSATIONS IS FOR CAUSE PUT IN, THEN THE MAYOR SHOULD BE ABLE TO REMOVE FOR CAUSE TOO. I DO AGREE WITH THAT. THAT'S YOUR TEASER AT THIS POINT. THERE'S A FEW MORE I WANT TO GET THROUGH. I FEEL LIKE THIS IS OPENING THE CONVERSATION WITH ALL OF YOU SO WE KNOW, AND I HOPE YOU WILL GET BRIEFINGS, AND MEET WITH THE I.G., I.A., ADMINISTRATION AND FIND OUT WHERE YOU SAND ON -- STAND ON THIS ORDINANCE BECAUSE AT THIS POINT WE CAN KEEP SPINNING WHEELS. IT'S NOT GOING TO MAKE EVERYONE HAPPY. WE NEED TO FIGURE OUT TO WORK TOGETHER AND FIGURE OUT WHAT THAT WILL LOOK LIKE. MOVING TO THE NEXT ONE THERE'S ISSUE WITH THE CITY ATTORNEY THROUGH NO REAL FAULT OF THEIR OWN, TO ME IT'S VERY TIMELY, IN WHAT'S BEEN HAPPENING. THE CITY ATTORNEY IN CHANING SOME OF THE RULES IN THIS ORDINANCE FOR REPRESENTATION OF THE A.G.O. AND I. G. I WOULD LIKE TO DISCUSS THAT AS WELL. ALSO FOR THE RECORD, MS. VARGAS HERE. SHE'S HERE TO ANSWER QUESTIONS. JUST BEEN INVOLVED IN THIS SITUATION. >>COUN. DAVIS: COUNCILOR BASSAN, BEFORE YOU DO THAT, I'LL LET YOU CALL THE SHOTS. WE HAVE ONE PUBLIC SPEAKER. CAN WE GET INTO THAT PORTION. WE'LL INCLUDE THEM. >>COUN. BASSAN: NOTED. THANK YOU FOR POINTING THAT OUT. PLEASE EXPLAIN THE CITY ATTORNEY AND WHY WE NEED TO KEEP THE CHANGES THAT ARE SUGGESTED IN HERE. >> YES. THANK YOU. ONE OF THE THINGS I WANT TO START OFF BY SAYING IS EACH OF THE CHANGES WE'RE TALKING ABOUT MAINTAINING IN THE ORDINANCE IS BECAUSE IT CREATES STRUCTURAL INDEPENDENCE. THAT'S NECESSARY FOR AN OFFICE OF I. G. WE NEED TO BE STRUCTURALLY INDEPENDENT SO WE CAN FULLY PERFORM DUTIES WE'RE CHARGED WITH PERFORMING. THAT IS ACCOUNTABILITY AND TRANSPARENCY TO THE CONSTITUENTS AND THE CITY. WHEN WE TALK ABOUT THE LEGAL ISSUES, FIRST OF ALL, IT'S -- THERE'S AN INHERENT CONFLICT WHEN THE I.G. HAS TO RELY ON A CITY ATTORNEY WHO ANSWERS TO OR AN ASSOCIATE ATTORNEY WHO ANSWERS TO THE CITY ATTORNEY. AND WE'RE ASKING QUESTIONS THAT MAY BE IN OPPOSITION TO A CITY POSITION. THAT IS GOING TO INHERENTLY BE AN ISSUE. FOR -- HAVING THE ABILITY TO HAVE INDEPENDENT COUNSEL IS IMPERATIVE FOR THE STRUCTURAL INDEPENDENCE WE NEED. ONE OF THE THINGS, AS YOU ALLUDED TO, COUNCILOR BASSAN, IS WE HAD A RECENT ISSUE THAT AROSE. WHERE THE I.G. OFFICE WAS IN FORMED WE WOULD NO LONGER BE REPRESENTED BY THE ATTORNEY'S OFFICE. THAT WAS REVERSED TO SOME EXTENT. THEY WILL NOT ASSIST THE INSPECTOR GENERAL OFFICE WITH CERTAIN ITEMS. OTHER ITEMS THEY CAN. WE HAVE TO ASK AND INQUIRE ABOUT THAT. SOMETHING WE CAME ACROSS AS WE WENT THROUGH THE PROCESS AND MANY THINGS WE ENCOUNTERED OBSTACLES IN MY TENURE HERE. SPECIFICALLY, WITH THE LEGAL COUNSEL, WE HAVE DEDICATED ATTORNEYS WHO ARE AT OUR OFFICE, BUT IT APPEARS THOSE ATTORNEYS MAY BE CALLED TO DO OR WORK ON OTHER CASES THAT COME ON BEHALF OF THE CITY. WHICH THEN MAY BE IN OPPOSITION AND THEY MAY NOT KNOW THAT. WHENEVER WE GET TO THE LEVEL OF HAVING DISCUSSION OR IN A SITUATION AND SOMEONE TELLS ME, MY ATTORNEY TELLS ME, I WROTE A DESCENT LETTER ON THAT. WE HAVE AN ISSUE. BECAUSE I'VE BEEN CONFIDING IN THAT INDIVIDUAL. EVERYTHING I HAVE. AND NOW I REALIZE WE'RE IN OPPOSITION. >>COUN. BASSAN: WE DISCOVERED THAT, AND AGAIN THROUGH THE DISCUSSIONS, IT WAS THROUGH NO INTENTIONAL SITUATION BUT THERE WAS CONFLICT OF INTEREST. AND THE LIST OF CONFLICT COUNSEL FOR THIS PARTICULAR ISSUE ALSO HAD CONFLICTS OF INTEREST. THE I.G.'S OFFICE WAS IN A PINCH WITHOUT REPRESENTATION AND THEREFORE COULDN'T FINISH AN INVESTIGATION EITHER. IT'S A CHICKEN AND THE EGG. AROUND ABOUT WAY TO HAVE A CLAUSE IN THE ORDINANCE THAT MAKES SURE TO STIPULATE THAT MANY THE CITY ATTORNEY AND APPOINTED TO WORK FOR THE A.G. MIGHT BE FINE. BUT THE CONFLICT COUNSEL COULD BE OR COULDN'T BE OKAY. WE NEED A THIRD OPTION. THIS IS SIMILAR TO WHAT WE DISCUSSED WITH THE CPOA AND TRYING TO STREAMLINE THIS ORDINANCE ALONG WITH THE CPOA BOARD FOR THAT INDEPENDENT. I WANT TO MAKE SURE THAT MR. BAKTA CAN GIVE HIS SIDE WHERE ADMINISTRATION IS NOT OKAY WITH THIS. >> COUNCILOR DAVIS, COUNCILOR BASSAN, I THINK THERE MAY HAVE BEEN MISCOMMUNICATION BECAUSE I'M NOT OPPOSED TO THIS. I FEEL THAT PROBABLY THE BEST SOLUTION -- AND MY UNDERSTANDING, AND I MAY BE WRONG, THERE WAS ISSUED RAISED ABOUT THE POSSIBILITY OF HAVING OUTSIDE COUNCIL BEFORE THIS AROSE. TO BE CLEAR THE CONFLICT AROSE WITH THE ATTORNEY RECENTLY ASSIGNED HAD DONE PRIOR THAT THE CAME TO LIGHT THAT IS THE SAME ISSUE BUT HAD DONE THAT WORK PRIOR. MY UNDERSTANDING IS THE QUESTION WASN'T RAISED BEFORE IF WE NEEDED OUTSIDE COUNSEL FOR THE OIG. I UNDERSTOOD WE HAD COUNSEL AVAILABLE, IT TURNED OUT SHE WAS NOT. I THINK THAT PROMPTED THIS KIND OF RESET PROCESS THAT THE CITY ATTORNEY'S OFFICE BE THE FIRST LINE. IF NOT WE'LL LOOK AT THE COUNCIL LIST, AND IF NOT WE'LL LOOK FOR OTHER COUNSEL. I THINK THAT'S REASONABLE PROPOSAL. >>COUN. BASSAN: THANK YOU. THAT MAKES THE UPCOMING FLOOR SUBSTITUTE EASIER. IT LENDS ME TO PLANT THE SEED THAT IF WE GO THIS ROUTE AND THE I.G. DOES NEED TO HIRE OUTSIDE COUNSEL, THEN THEY HE -- NEED THE BUDGET. ALSO BE VERY FAST ON 0-56. THE NEXT ONE IS A CLAUSE THAT SAYS A REPORT THAT UNLESS OTHERWISE PROHIBITED HAS BEEN PRESENTED TO THE COMMITTEE, DISTRIBUTED AND FINAL FORM TO THE MAYOR AND CHIEF ADMINISTRATIVE OFFICER AND TO THE CITY COUNCIL, AND IS AVAILABLE TO THE PUBLIC. THIS WOULD MEAN IT WOULD BE ACTUALLY PRESENTED. SO, I KNOW THERE'S SOME, YOU KNOW, RECOURSE OR MISUNDERSTANDING OR SOMETHING THAT THE ADMIN DOES NOT LIKE THIS EITHER BUT YOU WANT IT IN THERE. PLEASE CLARIFY THE PURPOSE OF THAT. >> I JUST THINK THAT FROM THE STANDPOINT OF THE I.G.'S OFFICE WE DON'T HAVE A PROBLEM WITH THE DEFINITION OF PUBLICATION AND OPENING A REPORT BECOMES PUBLISHED. IT SEEMS CLEAR AND CONSIS AND MEETS THE NEED. >>COUN. BASSAN: MR. BATKA. I KNOW WE HAD CONVERSATIONS. GO INTO WHY THE ADMINISTRATION IS CONCERNED ABOUT THIS. >> COUNCILOR BASSAN, I THINK WE CAN WORK ON THIS. WITH THE I. G. AND FIGURE OUT THE TIMELINE AND SEQUENING OF THE REPORTING. I THINK OUR ISSUE IS MORE ABOUT THE INTERPRETATION OF DEFINITION OF CONFIDENTIALITY FROM I. G. WE BELIEVE THAT, YOU KNOW, IT IS THE INTERPRETATION BY I.G. IS VERY SUBJECTIVE. WE BELIEVE THAT IT ADDS VALUE WHEN THAT REPORT IS BRIEFED TO THE AGO AND TO THE COUNCIL MEMBER ASSIGNED TO THE AGO. AND THE ADMINISTRATION. IT MAKES SENSE TO HAVE THAT PARTICULAR DIRECTOR WHOSE DEPARTMENT IS INVESTIGATED TO BE PRESENT. AND THAT REPORT THAT DRAFT REPORT SHOULD BE SHARED WITH THAT DIRECTOR, UNLESS A DIRECTOR HERSELF OR HIMSELF IS TARGET OF THE INVESTIGATION. I BELIEVE GENERALLY SPEAKING I HAVE SEEN THAT THERE ARE QUESTIONS FROM AGO MEMBERS. THERE ARE QUESTIONS FROM THE ATTENDING COUNCIL MEMBERS. BASED ON THAT, SOMETIMES, THE AGO WANTS THE I.G. OR INTERNAL AUDITOR. >>COUN. BASSAN: THAT'S A DIFFERENT ONE COMING UP REGARDING THE DIRECTOR BEING IN THE MEETING. THAT ONE IS ANOTHER ONE COMING UP. THIS ONE WAS ABOUT THE PUBLISHED. DEFINITION OF THE WORD PUBLISHED. >> WE CAN WORK WITH HER ON THAT. >>COUN. BASSAN: I'M SORRY TO INTERRUPT. I JUST WANT TO MAKE SURE WE'RE STAYING ON THE COURSE WITH THIS ONE. >> I BELIEVE THIS IS ALSO CONNECTED WITH THE ISSUE THAT YOU ARE TALKING ABOUT. >>COUN. BASSAN: PLEASE CONTINUE. WE BELIEVE THAT TRANSPARENCY IS VERY IMPORTANT. AND I THINK NOT HAVING THE DIRECTOR ACTUALLY DASH AND WE -- AND WE BELIEVE THAT WHEN PREVIOUS I.G.'S HISTORICALLY HAD NO ISSUE WITH THAT DEFINITION, THEN THEY ALWAYS INVITED THE DIRECTORS. THEY ALWAYS SHARED THE DRAFT REPORT WITH THE DIRECTOR. THIS PARTICULAR I.G. IS NOT WILLING TO SHARE A DRAFT REPORT WITH THE DIRECTORS. SO THE DIRECTOR CANNOT MEANING LY DISCLOSE THE FINDINGS. ALSO, LAST MEETING, YOU KNOW, THE AGO ACTUALLY VOTED TO REQUIRE DIRECTOR TO BE THERE. AND THAT WAS VOTED BY -- AND THAT WAS VERY USEFUL. IN MY OPINION, I THINK THAT INTERPRET APGZ OF DEFINITION OF CONFIDENTIALITY IS VERY SUBJECTIVE. >>COUN. BASSAN: MR. PRESIDENT, I MEAN, THIS IS ONE THAT I NEED ALL OF YOUR HELP ON. I SEE BOTH SIDE ON IT. BY THE TIME A REPORT HAS UNDERGONE THE INVESTIGATION BY THE I.G., IT'S BEEN DISTRIBUTED TO THE AGO COMMITTEE, IT'S BEEN DISTRIBUTED TO THE MAYOR AND CAO AND FULL CITY COUNCIL IT'S PRETTY PUBLISHED. BUT THAT'S MY LOGICAL SIDE OF THE BRAIN. YOU KNOW, I THINK THAT THIS IS ANOTHER ONE I ENCOURAGE YOU TO LOOK AT. WE'LL ALSO WORK, AND I INTEND TO HAVE MORE MEETINGS TO FIGURE OUT HOW WE'RE GOT WORK ON SOME OF THESE. THE NEXT ONE, OKAY THIS ONE, REMEMBER I'M THE SPONSOR BECAUSE I ALSO AGREE WITH BOTH SIDES BUT AT THE SAME TI, THE OFF OF INSPECTOR GENERAL SHOULD RECEIVE A DEDICATED FUNDING SOURCE. >> AGAIN, PER T ASSOCIATION OF INSPECTOR GENERALS PER STRUCTURAL INDEPENDENCE, IT'S RECOMMENDED WE HAVE SOME SORT DEDICATED FUNDING TO ENSURE WE'RE ABLE TO MEETHE OBJECTIVES OF THE OFFICE. WITHOUT THAT, THINGS CAN BE HELD BACK. WE CAN BE -- OUR BUDGET CAN BE CUT OR STAGNATED BY OURUDGET ERE WE CANNOT GROW WERE THEREFORE WEANNOT MEET THE NEEDS OF THE CITY OR CONSTITUENTS. WE COULD HAVE IUES WHERE WE'RE NOT, LIKE SAID, WE'RET ABLE TO HI, NOT ABLE TO GET TRAINING, OR THE TOOLSR RESOURCES WE NEED TO DO THE INVESTIGATIONS. WEAVE HAD OUR INSPECTOR GENERALRDINANCE SINCE 2010 WITH NO CHANGES TO IT. NOCHANGES. ANDHEN THEY CREATED THA INSPECTOR GERAL ORDINANCE, THEY DID NOT DO IN NJUNCTION WITH THE A.G. ORDINANCE. THERE WAS CONFLICTING BETWN THE TW WEWANT TO WE WANT TO MAKE SURE THE CHANGES ARE BEING ADDSSED INTH. BUWE ALSO WANT TO MAKE S THERE'S DICATED FUNDING BY THE CITY COUNCIL OR ADMINISTRATN FOR THIS OFFICE TO CONTINUE. ATOM POINT, IT WA DED AN OFFICE OF G. W IMPORTANT. AT SOMEPOINT YOUECIDED THA ACCOUNTABITY AND TRAPARENCY WAS SOMETNG YOU THOUGHT NEEDED TO BE ADDRESSED. BUT ITLSOOMES WITH MAKIN SURE WE E TO RESRCESE NEED TO BE AE TO FUND THAT OFFICE ADEQUATELY. OTHERWISE, WE' JUST HERE SPNIUR WHEELS AND NOT ACCOMPLISHIN THE OBJTI T FORTH THROUGE DINANCE. >>COUN. BASSAN: THANK YO I'MOING TO START WITH THE LITTLE BIT OF THE ADMINISTRATION WHH DO AGREE WITH LOT OF THIS AS WELL,HE ANNUAL BUDGET PRIORITIES C CONICT WITH STDINGVE O APPROPRIATNS. WE CANNO BIND FUTUR CNC INTO AARVEUT FUTUR F NDING. AND GENERALUNDS ARE NOT PPOSED TO BEEDICED I'M NO - I'M N CONVINCED THAT YOU REALLY HA TO HAVE THIS I THERE. SO MUC AS SOMETHING THATAYS THERE WL BE ADEE FUNDING APPROPRIATEDO E I.G.'S FICE, NOW AND FOREVERMOR ATEVER THATAY BE. WITH THAT, IF YOU WANT TO A ANY COTS? >> MR. PRESIDENT, COUNCIL BASS, I BIEVE W HAVE VERY RIGORO BUDGEY HEARING PRESS. THERE'S MULTIPLE OPPTUNITIES FOR A THE DARTMT INCLG I. AND I.A TO PRESENT THEIE TO THE COUNL. THIS COUNCIL IS EREMEY ACTI. THEY ASK DETAILED QUESTION I BELIEVE EVERY COUIL SHOULD HAVEHEIGHT T LOOK AT THE QUT EVERY AR. AND ALSOLUATE THAT IN LHT OFLL OF THE DEPARTMENTS REQUES PLU THE OVERALL NANCL SUATION OF THEY THAT TIME THERE WERE TS WHEN WEEREN TH MDLE OF THE RECESSION AND ND TO TIGHTEN THE LT. MAYBTHERE'S FURWS AND TNGS LIKEAT. WHY WOD WE DEDICATE FUNDINO A DEPARTME AGT IT LAT AND PUT OSELVES IN THE BOX. TALKING ABO STRUCTURA INDEPEEN, I THINK OU REALLY WAN SUCTURAL INPENDENCE, MAYBE YOU WAN TO CONSER MAKI TIS POSITION ELECTED. AS FARS THEBUDGET, EN T ATTORNEY GENERAL AND STAT AUTOR'OFFICE WHO A VER INPENDT, HEY HAV G THROUGH E DG PROCS EVERY YEAR. TH HAVE TO TKO LEGIATURES, THEYAVE TO T TO THE ADMINISATN AN THERE'S A PROCS. D THEIR BUDGETAPS INCREA THERE'SEALL NEE FOR THAT. WEEETO HE FAITH IN E UNCIL AND ADMINISTRATIONHAT EY WILL LISTEN T ALLHE ED EVE YEAR AND EVAATE EVERYTHINGONLLF THE CIUMSTANCES. COUN. BASSANTHANK U. EASE, KEEP THI YR RNING TO BE HERE TRSDAY NIGHT SO IF COUNCILORS HAVE QUESTIONS OU YOUR FUNDG DESIREYOU' HERE ANSWER THOSE QUESONS. MR. PRESIDENT, ONL A FEW MORE, OMISE. E NEX ONE IS A LR CLAUSE, BUT I IN IF I'M UNDSTANNG RRECY THE HANG UP IN TS CLAUSE IS THAT T INSPECT GENERAL YNITIATE A STIGION BASOFF OF RECEIVING AN INVTIGATIVE COMPLAINTS THE BOF ETHICS. EASE ELABORAT >> YE TNK YO, COUNCILOR SSAN COUNCILORS. WHEN WE TALK ABOUT THE I.G. ING ABLE TO INIATE VESTIGATIONS THO INVESTIGATIONS SHOUL BE PREDICAT ON SOMHING WE HAVE SEEN OR THAT WE HAVEEEN ADSED OF. WAN ENE'RE DOG AN INVESTIGATION AND RE LOOKING AT ONESIC THIN BUT IN E UR LOOING AT THE INRMATION WE REALI SETNG ELSE IS GOING WRG, MAYBE ERE'S FRAUD, MAY THERE STE, MAYBE TRE USE. SHOULD WE NOT BE ABL TO L INTO IT? SHOULD WE TURN A BLAINED-- BL EYE? I DON'BELIE THAT MEETS THE OBJECTIVE OF WHAT OUR OFFIC IS THERE FOR. THE CT THAT WE'REBLE TO INITIATE A IESTIGATION SHOULD BEERMITTEDITH PREDICATION. WE DON'T WILLY-NILLY OUT TO INVESTIGAT O MAKE UP SUM PLAINTS. 'RE REACTE THE SAME POINT. WHERE A COMPLAINT COMES IN AND WE AESS THAT COMPLAINT. AND BECAUSE O THE FACT WE' HAD NOUNDINGR VY LITTL FUNDING IN THE LAST TWO YEARS SINCE I'VE BEENHERE, WE A SHORT STFED A WE HAVE GROWG LIST WE HAVE A BACKLOG OF 24 CASES. >> MR. PRESIDENT, COUNCILOR BASSAN, WE CAN WORK ON THE LANGGE ON THIS CANE POIBLE. ANWE SHOULD HAVE SOME CCKS AND BALANCES BUILT . I ALSO FEEL THAT EVEN THOUGHT NOTNITIATED WILLY-NILLY IT COULD BE. AND WE HAVE NO WAY TO PROVE IT'S NOT INITIATED WILLY-NILLY, A LOT OF INVESTIGATIONS BEGUN BY ANYMOUS COMPLAINT. IT COULD BE A PHONE LL. THERE'S N TELLING THAT I.G. WOULD JUST MAKET UP. I'M NOT SAYING SHE IS. BUT COULD BE. WE NEED TO BE VERY CAREFUL AND LIBERATE WHAT KIND OF LGUAGE WE WANT TO HAVE SO SHE CAN INITIATE INVESTIGATIONTHAT ALSO COULD BE A TOOL FOR HER TO RETALIATE. WE NEED TO BE VY REFUL. AND WHAT KIND OFUTHORITY WE GRANTY ALLOWING HER TO INITIATE INVESTIGATIONS AS LONG THERE ARE RAIL GUARDS, I THINK THE ADMISTRATION WOULD WORK WITH T COUNCIL AND THE I.G. TO FIGURE OUT THAT APPROPRIATE LANGUAGE. COUN. BASSAN: THANK YOU. MR. PRESIDENT, THE NEXT ONE WAS STARTED TALKING ABOUT, IN THE AGO COMBHEENT WHEN INVESTIGATIONS ARE NOT APPROVED BY THE COMMITTEE AND VERY PUBLIC, THE DIRECTOR OF ICHEVER DEPARTMENT IS IN QUESTION IS NOT PRESEN BECAUSE OF THE CONFIDENTIALITY CLAUSE THAT CURRENTLY EXISTS IN THE ORDINANCE, SO, YOU KNOW, I KNOW THAT THE ADMINISTRATION REALLY WANTS TO BE ABLE TO HAVE THE DEPARTMENT DIRECTORS PRESENT. I KNOW IT HAS BEEN BENEFICIAL WHEN THEY'RE THERE TO HEAR INFORMATION DIRECTLY FROM THE DEPARTMENT DIRECTOR BUT I ALSO CAN RESPECT THAT THE ORDINANCE SAYS THERE'S CONFIDENTIALITY POINT IN HERE. TRYING TO FIND A WAY AS COMPROMISE I BELIEVE IS HOW THE COMMITTEE SUBTHREE IS LISTING IT. IF YOU CAN EXPLAIN THAT PLEASE. >> AS FAR AS THE CONFIDENTIALITY CLAUSE IN THE CURRENT ORDINANCE, I BELIEVE WE ARE ADHEING TO THAT. THE WAY IT IS WRITTEN. I BELIEVE WHEN IT WAS WRITTEN IT WAS INTENTIONALLY WRITTEN THAT WAY. SO, WE DO NOT ALLOW ANYONE TO HAVE A COPY OF THE REPORT UNTIL IT IS PUBLISHED. THAT'S THE DEFINITION OF PUBLISHED AND THE FACT IT'S CONFIDENTIAL. THE -- I WILL GO TO SAY THAT THE DIRECTOR DOES NOT HAVE THE FULL REPORT. THAT HAS ALL OF THE DETAILS OF EVERYTHING WE FOUND. WE ALWAYS PROVIDE THE DIRECTOR WITH THE ALLEGATION, THE FINDING RELATE TODAY THE ALLEGATION, OUR MANAGEMENT OR RECOMMENDATIONS, FOR HOW TO ADDRESS THAT. AND THAT SHOULD BE ADEQUATE FOR THEM TO BE ABLE TO RESPOND. WHAT IT DOESN'T ALLOW THEM TO DO IS GLEAN INFORMATION THAT COULD BE USED IN AN NEFARIOUS WAY. >>COUN. BASSAN: THANK YOU. I SHOULD ALSO CLARIFY AS WRITTEN IN THIS PROPOSED VERSION, IT'S SAYING THAT RATHER THAN DEPARTMENT DIRECTOR NOT BEING THERE OR NOT ALLOWED AT ALL, IT SAYING THE AGO COMMITTEE DURING HAS DISCRETION WHETHER OR NOT TO ALLOW THE DEPARTMENT DIRECTOR IN. JUST TO BE CLEAR ON THAT'S WHERE WE'RE WRITING THAT. IF YOU WANT TO RESPOND TO THAT AND YNL HAVE ONE MORE AFTER THIS. >> COUNCILOR BASSAN, WE BELIEVE THAT THE REPORT IS RELEASED THROUGH THE ADMINISTRATION RIGHT NOW AS WE SPEAK. WHICH MEANS THE MAYOR, NOT MAYOR, BUT CAO AND MYSELF WHO I'M REPRESENTING THE CAO, I HAVE ACCESS TO THE DRAFT REPORT. I SEE NO POINT IN NOT SHARING THE INFORMATION WITH THE DIRECTOR BECAUSE THE DIRECTOR IS EXTENSION OF THE ADMINISTRATION. THEY'RE APPOINTED. THEY'RE VERY HIGH-LEVEL PEOPLE TO JUST KIND OF SUGGEST THAT THEY WOULD NOT KEEP IT CONFIDENTIAL DOES NOT MAKE SENSE TO ME. SOMETIMES I HAVE HEARD IT IS BECAUSE TO PUT IT FOR WHYSAL -- WHISTLE BLOWERS. THEY'RE NAME IS REDACTED. THEIR POSITION IS REDACTED. IF THE C.A.O. HAS THAT INFORMATION, WHAT GOOD DOES IT BY NOT SHARING THAT WITH THE DIRECTOR? I CAN SHARE THAT INFORMATION WITH THE DIRECTOR. I THINK THAT CONFIDENTIALITY INTERPRETATION IS SOMETHING I COMPLETELY DISAGREE WITH. IT'S VERY SUBJECTIVE. I WOULD MAKE A DEFAULT REQUIREMENT THAT THE DIRECTOR SHOULD DEMAND THE DRAFT REPORT. YOU GET THE SUMMARY OF THE FINDINGS WHICH IS SOMETIMES ONE PAGE OR TWO PAGE AND THE REPORT CAN BOW -- BE 45 PAGES. THEY NEED TO KNOW TO RESPOND TO THE FINDINGS. THEREFORE, I BELIEVE WE SHOULD HAVE DIRECTORS IN ALL OF THE BRIEFINGS UNLESS A DIRECTOR IS PERSONALLY TARGETED. >>COUN. BASSAN: THE LAST ONE, WE CAN RECTIFY THROUGH CONVERSATION REGARDING SHOULD THE STATE AUDITOR BE INCLUDED AND THE O.I.G. SAYS NO BECAUSE IT'S COVERED BY THE TERM AGENCY. IF THAT'S SOMETHING WE TALK ABOUT WE CAN FIGURE OUT WHAT THE RIGHT TERMINOLOGY IS RATHER THAN SIT HERE AND GO BACK AND FORTH. AND HOPE THAT COUNCILORS PLEASE KNOW THAT THIS IS NOT RUSHED. THERE HAS BEEN A LOT OF EFFORT PUT INTO THIS. THERE PROBABLY IS NOT GOING TO BE ONE CLEAR SOLUTION BUT THIS IS WHERE I THINK IT'S OUR JOB TO FIGURE OUT WHAT'S THE BEST SOLUTION IN THE UPIDATE OF THIS ORDINANCE BEING THAT IT HAS BEEN SINCE WHEN, WHEN WAS THE -- 2010? >> 2010 WAS WHEN THE I.G. ORDINANCE WAS CREATED AND THAT WAS THE ONLY TIME. >>COUN. BASSAN: YEAH. IT'S BEEN 12 YEARS. I PROMISE YOU, I AM LEARNING THE ORDINANCE UPDATES ARE NOT SOMETHING YOU SHOULD TAKE LIGHTLY. PLEASE REVIEW IT. PLEASE MEET WITH STAFF. IOWILL MEET I WILL MEET WITH THE ADMINISTRATION AND BOTH OFFICES AND KEEP WORKING ON A SOLUTION FOR A FLOOR SUB , PLEASE TAKE A LOOK AT IT AND SEE WHERE YOUR HEARTS LIE AND REPRESENTATION OF YOUR CONSTITUENTS IS TO WHERE YOU BELIEVE THAT FOR THE INSPECTOR GENERAL ORDINANCE YOU WILL BE DOING THE BEST JOB FOR THE PEOPLE THAT YOU REPRESENT AS WELL. I THINK WE HAVE TO COME TO A COMPROMISE IN SOME AREAS AND THERE'S A SERIOUS NEED TO UPIDATE IT. FOR THE STRUCTUAL INDEPENDENCE, AND TO OPERATE FROM THE COUNCIL SIDE, INDEPENDENT OFFICE SIDE OR ADMINISTRATION. WITH THAT, I MOVE A DEFERRAL. LET ME ASK THIS QUESTION. IF WE A FLOOR SUB, THEN IT WILL BE INTRODUCED AT THE NEXT MEETING. IF I JUST DEFER THIS FOR A MONTH, THAT SHOULD BE FINE? AND I CAN INTRODUCE A FLOOR SUB IN TWO WEEKS? >> IF YOU PLAN TO INTRODUCE A FLOOR SUB IN TWO WEEKS YOU SHOULD DEFER IT FOR TWO WEEK. >>COUN. BASSAN: THAT'S WHAT I WOULD LIKE TO DO SO WE CAN MOVE ON FROM THERE. >>COUN. DAVIS: MOTION AND SECOND. ANY OTHER DISCUSSION? SEEING NONE. PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: NEXT WE'RE GOING TO BE ON O-56. WE'LL LET YOU INTRODUCE IT. WE HAVE A SPEAKER AND WE'LL COME BACK FOR YOUR FINAL MOTION. IT'S COMMITTEE SUBSTITUTE AMENDING THE ACCOUNTABILITY GUV RNS OF THE RE VISED ORDINANCES OF ALBUQUERQUE. >>COUN. DAVIS: I'LL SECOND FOR THE RECORD. COUNCILOR, DO YOU HAVE A MOTION? >>COUN. BASSAN: I WILL CHANGE MOTION FOR DEFERRAL. >>COUN. DAVIS: LET'S TAKE THIS AS A MOTION FOR DEFERRAL UNTIL THE 15th? >>COUN. BASSAN: YES. THANK YOU, MS. VARGAS FOR SITTING HERE AND I KNOW YOU PUT LOT OF TIME INTO THIS. >>COUN. DAVIS: I DON'T WANT TO CUT HER OFF. I WANT TO GET THE RIGHT RECORD. >>COUN. BASSAN: YES. FOR TWO WEEKS. I WOULD LIKE TO MOVE DEFERRAL FOR TWO WEEKS. >>COUN. DAVIS: MOTION AND A SECOND FOR DEFERRAL. IF IT'S OKAY, COUNCILOR, LET'S TAKE OUR PUBLIC COMMENTER AND WE'LL COME BACK TO THE GUESTS IN PERSON. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER AND ONLY SPEAKER IS PEGGY. YOU'RE MUTED. YOU'RE MUTED. THANK YOU. >> THANK YOU, COUNCILORS. THANK YOU FOR BEING OUT HERE LATE AT NIGHT. COUNCILOR BASSAN, THANK YOU FOR OPENING THE FORUM FOR DISCUSSION. IT'S VERY INTERESTING TO HEAR THIS APPROACH. AND THANK YOU FOR BRINGING THIS REVISION BEFORE CITY COUNCIL. MANY YEARS ALONG WITH MANY OTHER COMMUNITY MEMBERS WE'VE ASKED FOR IMPROVED OVERSIGHT FOR CITY ADMINISTRATION, CITY MANAGEMENT AND RESPECTFULLY FOR CITY COUNCIL MEMBERS UNDERTAKING. THIS IS REVISION WE CAN SIGNIFICANTLY IMPROVE IT BY A COUPLE OF AMENDMENTS AND I'M LOOKING FORWARD TO YOUR FLOOR SUBSTITUTES. I THINK UNDER THE DUTIES AND ROLES AND POWERS OF MEMBERSHIP UNDER TWO-TEN-FIVE SUBSECTION K, DEFINES THE ROLS IN TWO SENTENCES. I THINK THE FIRST SENTENCE SAYS THE COMMITTEE MAY PROVIDE THE CITY AUDITOR AND INSPECTOR GENERAL WITH GUIDANCE, PRIORITIES AND POTENTIAL AREAS FOR INVESTIGATIONS AND AUDITS. I THINK PERHAPS IT NEEDS TO BE THE WORDS SHALL. IN ORDER TO GIVE THE COMMITTEE CLARITY OF THIS BASIC ROLE AND TO UNDERSCORE THEIR RESPONSIBILITY AND THEIR SIGNIFICANCE OF THIS ROLE THE WORD MAY DOESN'T DO IT. THIS IS IMPORTANT ROLE AND IT NEEDS TO BE STRENGTHENED AND IT NEEDS TO BE GIVEN THE SIGNIFICANCE OF THE WORD SHALL NOT THE WORD MAY. IT IF NEEDS TO BE MIIGATED FOR CIRCUMSTANCES BEYOND THE CONTROL OF ANINATE COMMITTEE, PERHAPS IT COULD READ TO THE BEST OF THE ABILITY THE COMMITTEE SHALL PROVIDE GUIDANCE AND PERHAPS MAYBE SUGGEST PRIORITIES. THEY GOT DRAFTED QUICKLY BECAUSE I WANTED TO BE ABLE TO SAY SOMETHING ABOUT HOW IMPORTANT OVERSIGHT IS FOR THE INTEGRATED DEVELOPMENT ORDINANCE. I WONDER HOW MANY OF THE 25 OPEN CASES -- >>COUN. DAVIS: FINS YOUR THOUGHT. >>COUN. DAVIS: FINISH YOUR THOUGHT. >> I WONDER HOW MANY CASES ARE INVOLVED. WE NEED OVERSIGHT PIALITY BUILT INTO IDO. WE'VE ASKED TO HAVE PRIORITIES OR HAVE COMMENTS FOR THE PUBLIC SUMMARIZED TO HAVE RISK ANALYSIS. AND HAVE IMPACT STATEMENTS HAD. AND HAVE BENEFICIARIES IDENTIFIED. >>COUN. DAVIS: THANK YOU. WE GAVE YOU TIME TO FINISH THAT THOUGHT. IT WAS A LONG SENTENCE. >> IT'S THE SAME THING WE'VE BEEN ASKING FOR MANY, MANY TIMES. >>COUN. DAVIS: THANK YOU. >>COUN. BASSAN: MR. PRESIDENT, I WOULD LIKE TO INVITE MS. VARGAS, IF THERE'S ANYTHING YOU WANT TO ADD OR DISCUSS. THERE ARE TWO PARTS IN THE ORDINANCE. ONE IS WHATEVER HAPPENS IN THE I.G. ORDINANCE WE SHOULD MAKE SURE TO MIRROR THAT IN THE A.G.O. ORDINANCE WHERE IT'S DUPLICATED. THAT'S WHY THIS ONE IS BEING HELD UP. THERE ARE OTHER THINGS IN HERE I THINK ARE BENEFICIAL AND I THINK MUCH LESS CONTEMPTTUOUS. >> I WOULD LIKE TO ADD AS YOU LOOK AT THE ORDINANCE, THE WAY IT'S WRITTEN, MY OFFICE DOESN'T HAVE AS MANY CHALLENGES. BUT I THINK IT'S THE PERK TIME TO TWEAK IT AND MAKE SURE EVERY -- EVERYONE IS IN AGREEMENT. WE APPRECIATE YOUR FEEDBACK. IT'S BEEN A LONG ROAD. I KNOW WE'RE NOT DONE. IT MAKES A MORE EFFECTIVE OFFICE. >>COUN. BASSAN: THANK YOU. MR. PRESIDENT, TO BE FAIR, I WOULD LIKE TO FIND OUT IF THE ADMINISTRATION WANTS ADD ANYTHING ABOUT THE A.G. O. ORDINANCE. OR IF WE'RE GOOD TO GO MOVING FORWARD? >>COUN. DAVIS: MS. YARRA. >> MR. PRESIDENT, COUNCILORS WHEREBY THANK YOU FOR LISTENING TO OUR CONCERNS ON THOSE TWO ORDINANCES. OUR CONCERNS WITH THE A.G. O. ORDINANCE MIRROR WHAT WE TALK ABOUT IN THE I.G. ORDINANCE. THERE'S A FEW THINGS I WANT TO MENTION THAT'S DIFFERENT BECAUSE IT'S MORE COMPREHENSIVE. FIRST OF ALL, I WANT TO GO BACK TO THE FIRST POINT ABOUT FOR CAUSE AND REMOVING THE INSPECTOR GENERAL FOR CAUSE. THAT ALSO IS IN THE A.G.O. ORDINANCE. I'M NOT AS CONCERNED AS FOR THE CAUSE DEFINITION. I'M MORE CONCERNED ABOUT THE INDEPENDENCE ISSUE THAT MIGHT BE CREATED IF THE COUNCIL IS ABLE TO REMOVE THE CITY AUDITOR OR INSPECTOR GENERAL WITHOUT THE ADMINISTRATION HAVING THE SAME POWER. THE REASON BEING IS THAT IT MIGHT BE THE CASE THAT EITHER OF THESE OFFICES WOULD INVESTIGATE OR AUDIT A COUNCILOR, COUNCIL, ADMINISTRATION, THE MAYOR, THE C.A.O., WHICH CAUSES INDEPENDENCE ISSUES FOR BOTH OFFICES. THEY MIGHT BE BEHOLDING TO THE ADMINISTRATION. THEY MIGHT BE BEHOLDING TO THE COUNCIL IF THEY HAVE THE POWER TO REMOVE THEM. THAT IS THE WHOLE REASON I THINK THE A.G.O. COMMITTEE WAS CREATED TO IN FACT OVERSEE THE OFFICES, THE TWO POSITIONS, AND TO MAKE RECOMMENDATIONS FOR REMOVAL. IF THAT WERE NECESSARY. TO REMOVE THE COUNCIL AND THE MAYOR OF AN INDEPENDENCE ISSUE. AS A C.P.A., I HAVE TO SAY THAT. THE A.G.O. ORDINANCE HAS A FEW THINGS DIFFERENT. I JUST WANT TO MENTION AS WRITTEN IT SAYS IF THE CITY AUDITOR IS REMOVED THEN THEIR FIRST ASSISTANT AUTOMATICALLY WILL BECOME INTERIM CITY AUDITOR. I THINK THAT IS ALSO AN INDEPENDENCE ISSUE. IF THERE WERE ANY PER PERSONNELCLUSION, WHO KNOWS, I'M NOT ACCUSING ANYONE, IT'S UP TO THEM WHO BECOMES CITY AUDITOR. IF THEY LEAVE THEY HAVE TO DECIDE WHO THE INTERIM AUDITOR IS. I DID NOTICE IN THE BACK OF THE A.G.O. ORDINANCE THERE'S A LISTING OF EVERYTHING THAT ININTERNAL AUDITOR HAS TO PUT INTO THEIR REPORTS. I SEE THAT ALL OF THAT WAS STRUCK OUT AND IT SAYS SHE CAN PUT IN AS THEY SEE IT FIT WHAT NEEDS TO BE IN THE REPORT. THE I.G. ORDINANCE ADDED A LIST OF THINGS THAT SHOULD BE IN THE REPORT. I THINK THEY NEED TO BE CONSISTENT. THERE ARE STANDARDS ARE AUDITORS TO FOLLOW AND THEY NEED TO HAVE SPECIFIC ITEMS IN THEIR REPORT. I THINK THAT NEEDS TO STAY IN. ONE MORE THING, I JUST WANT TO GO BACK TO THE WHOLE ISSUE OF WHAT IS A PUBLISHED REPORT. RIGHT NOW, AS WRITTEN, AND AS IT EXISTS IN THE ORDINANCE, THE INSPECTOR GENERAL OR CITY AUDITOR CAN PRESENT A REPORT TO THE A.G.O. COMMITTEE. THEY DON'T HAVE TO APPROVE IT. THEY DON'T HAVE TO VOTE ON IT. WITHIN 15 DAYS AFTER THAT PRESENTATION, THE REPORT CAN BE PUBLISHED. I REMEMBER WHEN THEY CHANGED THIS PART OF THE ORDINANCE BECAUSE IT WAS TO ACTUALLY PROHIBIT OR DISCOURAGE PEOPLE FROM -- ACTUALLY AN INSPECTOR GENERAL FROM GIING THE REPORT TO THE MEDIA BEFORE THE ADMINISTRATION OR THE COUNCIL HAD THE CHANCE TO SEE IT. I'M AFRAID THIS MIGHT BE SWINGING THE OTHER WAY AS TO, YOU KNOW, IF THERE'S AN ISSUE IN THE REPORT, THAT THE A.G.O. HAD A QUESTION ABOUT AND WASN'T ANSWERED OR IF THEY HAD A QUESTION ABOUT THE PROCESS THAT PRODUCED THAT INVESTIGATIVE OR AUDIT REPORT THEY SHOULD BE ABLE TO VET THAT WITH THE CITY AUDITOR AND INSPECTOR GENERAL BEFORE THAT REPORT IS PUBLISHED. THAT'S THE THREE THINGS I SAW DIFFERENTLY. THANK YOU FOR YOUR TIME. >>COUN. DAVIS: YOUR TURN, BRIEFLY. >> THANK YOU, COUNCILOR DAVIS. I JUST WANTED TO SAY THAT IN RESPONSE TO MS. YARRA'S COMMENT, REGARDING THE FACT THAT A REPORT CAN BE PUBLISHED 15 DAYS AFTER IT IS PRESENTED AT THE AGO, WHAT THAT CLAUSE SAYS IT'S PRESENTED TO THEM, IF THEY DECIDE NOT TO VOTE ON IT BECAUSE THEY HAVE AN ISSUE WITH IT, THEY CANNOT ACCOM DATD IN SOME WAY, THEN THEY HAVE 15 DAYS TO WRITE A CAUTIONARY STATEMENT THAT GETS ADDED TO THE REPORT BEFORE IT IS PUBLISHED. THAT CLAUSE OR LANGUAGE THAT'S IN THERE WAS NOT INTENDED TO MAKE IT WHERE A REPORT COULD BE DISSIMINATED WITHOUT THE A.G.O. REVIEW. >>COUN. DAVIS: YES, MA'AM. BRIEFLY. >> THANK YOU, MR. PRESIDENT. I JUST WANTED TO ADDRESS MS. YARRA'S POINT. OKAY. A.G.O. SELECTING AN INTERIM CITY AUDITOR, WE JUST WENT THROUGH THE LOCAL GOVERNMENT AUDITORS. UNFORTUNATELY, DURING THAT TIME FRAME WE HAD THE CITY I.G. ACTING AS CITY AUDITOR. BECAUSE THEY WERE UNAWARE OF THE REQUIREMENTS THAT WERE HAD FINDINGS OF THE OFFICE. I THINK THAT WORDING WAS INCLUDED TO ENSURE AN INDIVIDUAL WOULD BECOME ACTING CITY ODDTER BUT KNOW THOUGHT WHAT THEY NEED TO ADHERE TO. THE OTHER THING IN THE LANGUAGE ABOUT STRUCK OF WORK REQUIREMENTS IN THE REPORT. THOSE ARE REQUIREMENTS FROM THE YELLOW BOOK. I'M FINE LEAVING THEM IN, THE ONLY CONCERN IS THE YELLOW BOOK IS GOVERNMENT AUDITING STANDARDS. THAT'S GOING TO BE UPDATED. WE MIGHT LOCK IN REQUIREMENTS THAT ARE SUB -- OBSOLETE. JUST MY THOUGHTS. THANK YOU. >>COUN. DAVIS: THIS IS HARDER THAN USUAL. YEAH COUNCILOR. WE HAVE TO GET TO OTHER STUFF. >>COUN. BASSAN: I'M ALL SET WITH THE DEFERRAL. AGAIN, REALLY URGE YOU TO TAKE A LOOK AT THESE AND ASK QUESTIONS. >>COUN. DAVIS: LET ME ECHO THAT. I MADE A MISTAKE OF DIPPING MY TOE INTO THIS A FEW MONTHS EARLIER. IF WE NEED A FLOOR SUB, IT HAS TO ADDRESS ALL THESE. WE HAVE ONE ANSWER FROM THE COUNCIL, ONE FROM THE QUASI-INDEPENDENT AGENCIES AND THE THIRD LEG SAYS I DON'T LIKE IT LIKE THAT AND WE GO BACK TO THE STARTING LINE. SOMEBODY HAS TO COME UP WITH THAT AT LEAST TWO OF THREE AGREE ON. WE CAN'T GOOD -DFER THIS EVERY TWO WEEKS. YOU'VE DONE A GREAT JOB TRYING TO MERGE ALL THE PIECES TOGETHER. GETTING IT HERE IS IMPORTANT. THIS COULD TAKE FOREVER. I JUST WANT TO SAY I REALIZE THERE'S A LOT OF DISAGREEMENT OVER THE QUESTIONS. WE HAVE TO SETTLE THIS AT SOME POINT. I THINK WE'LL SEE YOU ON THURSDAY FOR BUDGET. >>COUN. BASSAN: YES, MR. PRESIDENT, SO EVERYONE KNOWS, I DIRECTED STAFF TO SET UP ANOTHER MEETING WITH ALL OF US SO WE CAN CONTINUE TO REVIEW AND TRY TO WORK THROUGH AS MUCH AS POSSIBLE. >>COUN. DAVIS: GREAT. ANY OTHER QUESTIONS ON THE MOTION FOR DEFERRAL? SEEING NONE. PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: THANK YOU, COUNCILORS. THANK YOU, COUNCILOR BASSAN. FOR GETTING THIS MOVING FORWARD. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS O-59, COMMITTEE SUBSTITUTED. IN THE REVISED ORDINANCES OF ALBUQUERQUE. BUSINESS AND OCCUPATIONS TO BE KNOWN AS THE RESIDENTIAL DATABASE ORDINANCE. MOVE A DO PASS. >>COUN. DAVIS: I'LL SECOND IT. DO YOU WANT ME TO OPEN? >>COUN. DAVIS: IT'S OPEN TO YOU. >>COUN. FIEBELKORN: THIS BILL REQUIRES A FREE ENROLLMENT FOR LONG-TERM RENTAL UNITS IN THE CITY OF ALBUQUERQUE. WE ALREADY REQUIRE A MUCH MORE DETAILED ANNUAL FILING FOR SHORT-TERM RENTAL UNIT OWNERS. THEY'RE REQUIRED TO PAY FEE. WE'RE NOT REQUIING THAT FOR THE LONG-TERM RENTAL ANYMORE. QUICKLY JUST GO THROUGH THE BIG CHANGES THAT HAPPENED FROM THE ORIGINAL BILL. ORIGINALLY THERE WERE MORE DATAPOINTS REQUIRED. WE HEARD FROM INDUSTRY THEY DID NOT LIKE LIKE THAT. WE DID BACK IT OUT TO BE THE BASIC INFORMATION THAT'S REQUIRED. THERE WERE ORIGINALLY UPIDATES TO YOUR ENROLLMENT AND THE DAA BASE THAT WOULD HAVE HAPPENED AFTER EVERY CHANGE AND A LEASE. WE STRUCK THAT. IT'S JUST AN ANNUAL UPDATE. IF NOTHING CHANGED YOU CAN GO ON AND SAY NOTHING CHANGED. ORIGINALLY, WE HAD IT AS A PERMIT SYSTEM WHERE THE LANDLORDS WERE REQUIRED TO PAY A PERMIT FEE. WE HEARD THAT WAS NOT SOMETHING THEY WERE INTERESTED IN. WE DID BACK THAT OUT AS WELL. THIS DATABASE IS GOING TO BE FREE SO THERE WOULD BE NO CHARGE TO THE LANDLORDS TO USE IT. SO, WITH THAT, I GUESS WE GO TO PUBLIC COMMENT. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS CYNTHIA. FOLLOWED BY ANNALEE. >> THANK YOU. I'M WITH THE PEOPLE'S HOUSING PROJECT. I THINK HAVING A DATABASE WHERE WE'RE KEEPING TRACK OF LONG-TERM RENTAL UNITS IS IMPORTANT BECAUSE IT HELPS US FIGURE OUT WHAT WE'RE LACKING WHEN WE'RE TALKING ABOUT THE HOUSING CRISIS. WE KNOW SHORT THOUSANDS OF UNITS OF AFFORDABLE HOUSING UNITS IN THE CITY. WE DON'T KNOW IF THAT'S BECAUSE LANDLORDS ARE CHARING OUTRAGES PRICES IN RENT OR BECAUSE THERE'S NOT ENOUGH HOUSING HERE. HAVING THAT KIND OF DATABASE WOULD LET US KNOW WHAT WE'RE WORKING WITH AND WHAT WE NEED TO TACKLE. I GRARNT YOU PROBABLY WHAT IS HAPPENING IS THAT WE NEED MORE PHYSICAL UNITS THAT ARE HABITABLE BUT ALSO TO STOP LANDLORDS FROM BEING ABLE TO CHARGE THESE PRICES THAT NO FAMILY OR SINGLE PERSON IS ACTUALLY ABLE TO PAY FOR. I THINK THAT JUST STARTING EVEN WITH THE BARE MINIMUM, THERE'S NO HARM IN HAVING THE LANDLORD SAY HOW MANY UNITS THEY HAVE AND HOW MANY ARE OCCUPIED. THAT'S BARE MINIMUM. THE FACT IT'S FREE, AND THEY DON'T HAVE TO PAY FOR A PERMIT, THEY REALLY SHOULD HAVE SOME KIND OF PERMIT AND SOME KIND OF THING THAT ACTUALLY WHERE CODE IS ENFORCED SO THEY'RE NOT ABLE TO RUN SLUS IN THE CITY OF ALBUQUERQUE. I ENCOURAGE YOU TO DRIVE THROUGH THE INTERNATIONAL DISTRICT AND STOP AT ANY APARTMENT COMPLEX IN THE INTERNATIONAL DISTRICT AND SEE WHAT THE CONDITIONS ARE AND TELL ME THAT MAN SHOULDN'T HAVE TO PAY FOR A PERMIT AND ALSO BE HELD TO CODE. I THINK THAT THIS ORDINANCE IS REALLY GOOD. I THINK YOU SHOULD PASS IT AND I THINK IN THE FUTURE SHOULD ACTUALLY IMPROVE AND PUT MORE THINGS IN THERE. TO ACTUALLY MAKE SURE THE INSPECTIONS ARE HAPPENING. SO THEY'RE NOT ALLOWED TO DO THAT. >> ANNALEE FOLLOWED BY KEVIN. >> HELLO, GOOD TO SEE YOU AGAIN. THANK YOU TO COUNCILOR FIEBELKORN FOR BRINGING O-22-59. I FEEL LIKE HOW ARE WE GOING TO SOLVE THE HOUSING CRISIS WITHOUT KNOWING HOW MANY UNITS WE HAVE? WITHOUT HAVING ANY TYPE OF DATA TO LOOK AT TO SEE HOW WE'RE GOING TO SOLVE IT. IT SEEMS LIKE AN EXTREMELY REASONABLE THING TO REQUEST FROM LANDLORDS. AND YOU KNOW YOU ALL HAVE HEARD US COME AND TALK TO YOU ABOUT THE SLUM CONDITIONS. YOU KNOW, WE'VE TALKED TO YOU ABOUT PARENTS HAVING TO BATHE THEIR CHILDREN IN GAS STATION BATHROOMS, ELDERS HAVING HEALTH FLARE-UPS BECAUSE THEY DON'T HAVE COOLING IN THE SUMMER. WHAT ARE WE REALLY ASKING FOR? WE'RE ASKING FOR CONSUMER PROTECTION. IT'S A VERY REASONABLE ASK. TENANTS DESERVE TO BE ABLE TO RENT AN APARTMENT, GET INTO A LEASE, AND FEEL CONFIDENT IN THEIR PURCHASE. THE FACT IT'S FREE, I MEAN COME ON, WHAT MORE -- HOW ELSE CAN WE REALLY MAKE THIS SUPER EASY FOR LANDLORDS TO COMPLY TO? I'M CURIOUS AS TO WHY THE POSSIBLE OBJECTIONS MIGHT BE. WE TALKED ABOUT HOW YOU ALL REALLY WANT TO PROTECT KIDS AND HOW YOU'RE TALKING ABOUT HAVING THAT PROGRAM, WELL, ALL OF THE PEOPLE THAT COME OUT THAT TALK TO YOU ABOUT THE THINGS THE LANDLORDS ARE DOING, THEY'RE PARENTS, GRANDPARENTS, CHILDREN WHERE WE'RE ASKING FOR YOU TO START IMPLEMENTING SOMETHING AND THIS IS GREAT FIRST STEP. YOU KNOW, IF THEY WANT TO COME AND SAY THAT SOME OF THIS IS INCONVENIENT, ARE YOU GOING TO TELL THOSE CHILDREN THAT WE COULDN'T PASS IT BECAUSE IT WAS INCONVENIENT FOR LANDLORDS, I REALLY HOPE NOT. I THINK THIS IS A SUPER REASONABLE ORDINANCE. AND PLEASE PASS IT. THANK YOU SO MUCH. >> KEVIN FOLLOWED BY CHAD. >> HELLO, AGAIN. I'M ALSO WITH THE PEOPLE'S HOUSING PROJECT. YOU ALL HEARD MY DESCRIPTION OF MY EXAMPLE OF THE CONDITIONS THAT WE HAVE SEEN ABOUT SEWAGE BACKING UP IN PEOPLE'S SINKS. YOU KNOW THIS ORDINANCE WOULD LIKE NOT ONLY BE REALLY GOOD FIRST START IN HOLDING -- IT WOULD BE A REALLY GOOD FIRST STEP -- YEAH. I'LL JUST FINISH THE LAST POINT I HAD THAT I HAD EARLIER. ONE, YES, IT'S A SIMPLE BILL TO PASS. IT COULDN'T BE ANY MORE SIMPLE. YOU KNOW, LANDLORDS BASICALLY ARE NOT REQUIRED TO REPORT HOW MANY UNITS THEY OWN, HOW MANY ARE FILLED, HOW MAYBE MANY ARE EMPTY, WE CAN'T ADEQUATELY UNDERSTAND HOW MUCH OF A HOUSING RENTAL ACCESSIBILITY PROBLEM IS RELATED TO RENT BEING TOO HIGH OR IF THERE'S HOMES THAT NEED TO BE BUILT. YEAH. THAT'S ALL I REALLY HAD TO ADD. PLEASE PASS O-22-59. >> TOD FOLLOWED BY ROGER. >> MR. PRESIDENT, I LIVE IN DISTRICT TWO. I WANTED TO THANK YOU FOR THE OPPORTUNITY TO SPEAK AGAIN. FOR A NUMBER OF ISSUES WITH THIS LEGISLATION. STARTING WITH THE FACT IT'S A MISMATCH WITH CURRENT STATE LAW. I'M DOUBTFUL THE CITY HAS THE RESOURCES TO TRACK THIS MANY PROPERTIES. THE MIPROPRIETARY THE PRIMARY ISSUE IS IT MAKES AN OWNER A MANAGER AND THEIR INFORMATION VERY PUBLIC TO THE COMPETITION, OTHER RESIDENCE, TO THE ASSESSOR, TO NATIONAL DATA COLLECTION FIRMS AND ATTORNEYS. I'M NOT AWARE OF ANY OTHER LOCAL BUSINESS REQUIRED TO REPORT TO THE CITY GOVERNMENT THEIR EXPENSES. BUT ALSO IN ORDER TO ATTEST THEIR UNITS ARE ADA ACCESSIBLE WHICH IS NOT REQUIRED AND LIKELY INCREASE LEGAL LIABILITY FOR MAKING THAT CERTIFICATION. NOT SOMETHING YOU'RE REQUIRED TO DO ON A RESIDENTIAL PROPERTY. NEW MEXICO IS A NON-DISCLOSURE STATE MEANS THE ASSESSOR DOESN'T HAVE ACCESS TO INCOME OR EXPENSES. IF THIS LEGISLATION PASSES THEY HAVE A CAUSE TO DEMONSTRATE YOUR PROPERTY IS UNDERASSESSED AND SEEK TO INCREASE PROPERTY TAX REVENUE FOR LOCAL GOVERNMENT. FINALLY, IF THE INTENT IS TO GATHER ESSENTIAL DATA ON THE RENTAL MARKET, IMPROVE COMMUNICATION WITH OWNERS, AND IMPROVE THE GENERAL WELFARE OF RESIDENTS AND OCCUPANTS AND PROPERTY OWNERS, I PROPOSE THE FOLLOWING. ONE, NATIONAL REGIONAL DATA SERVICES TODAY. YOU DON'T NEED TO GET THIS INFORMATION. IT'S REDABLY AVAILABLE. TWO, I THINK THE COMMUNITY IS BETTER SERVED TO HAVE A REQUIREMENT OBTAIN A VERSION OF A BUSINESS LICENSE THAT THE CITY ISSUES A UNIQUE IDENTIFICATION CODE NUMBER POSTED ON THE PROPERTY. SO WHEN THERE'S FIRE, ACS, POLICE DEPARTMENT THEY DON'T SPEND A LOT OF TIME TRYING TO FIGURE OUT THE OWNER. I ENCOURAGE YOU TO VOTE THIS COUN. THANK YOU. >> ROGER FOLLOWED BY JAY. >> HELLO, I'M ALSO AN ORGANIZER WITH THE PEOPLE'S HOUSING PROJECT. YOU'VE HEARD SOME OF MY COLLEAGUES SPEAK ABOUT THE HORRIBLE CONDITIONS WE FOUND IN SOME OF THESE APARTMENTS WE'VE LOOKED AT AS WELL AS HOW TENANTS ARE AFRAID TO REPORT THESE THINGS TO LANDLORDS OUT OF FEAR OF RETALIATION AND EVICTION. I URGE YOU TO PASS THIS. ONE THING THAT HASN'T BIND DISCUSSED IS HOW THIS ORDINANCE MIGHT BENEFIT SMALL MOM AND POP FAMILY LANDLORD OPERATIONS. I DON'T KNOW IF YOU KNOW THIS, IN PHILADELPHIA, THEY PASSED A SIMILAR ORDINANCE WHERE THEY -- SMALL FAMILY LANDLORDS WERE IN ADDITION TO BEING ON THE REGISTRY WERE GIVEN FINANCIAL ASSISTANCE BY THE CITY TO HELP BRING THEIR PROPERTIES UP T CODE. AS WAS MENTIONED, WE DON'T HAVE A REALISTIC LISTING OF WHAT IS AND IS NOT AFFORDABLE HOUSING AS FAR AS THESE APARTMENTS ARE CONCERNED. AND IF THERE WAS SUCH A DATABASE ONLINE THAT PEOPLE COULD LOOK UP WITH THE PRICES OF THE RENT INCLUDED, THAT WOULD HELP A GREAT DEAL AS FAR AS PEOPLE WHO NEED AFFORDABLE HOUSING. I'M SURE THIS COULD ALSO GO LONG WEAR TOWARD ELEAVING THE PROBLEM WITH HOMEILOUSLESS I ENCOURAGE YOU TO PASS THIS. >> JAY FOLLOWED BY PATRICK. >> THANK YOU, COUNCILORS. I'M GOING TO START BY SAYING THAT PERSONALLY FOR ME, MARGINAL INCREASE IN THE COST OF DOING BUSINESS FOR LANDLORDS FOR DISABILITY ACCOMMODATION IS LESS CONCERNING THAN THE HOMELESSNESS CRISIS THAT WE'RE SEEING UNFOLD IN ALBUQUERQUE. I'M SPEAKING IN SUPPORT OF O-22-59 BECAUSE I BELIEVE IT CAN MAKE A DIFFERENCE FOR PEOPLE HERE. AS WE ARE ALL PAINFULLY AWARE, WE'RE SEEING MORE AND MORE HOMELESS PEOPLE HERE IN ALBUQUERQUE EVERY YEAR AS PEOPLE ARE PRICED OUT OF THEIR HOMES. WE ARE TOLD THAT THIS RESULTS FROM A SHORTAGE OF HOUSING BUT OF COURSE THIS PROBLEM ALSO EXISTS IN CITIES LIKE OAKLAND AND PORTLAND WHERE HOMELESS PEOPLE ARE OUTNUMBERED BY HOUSING UNITS 4 TO 1. THIS WILL HELP US DETERMINE IF WE'RE SEEING A SHORTAGE OF HOUSING OR EXECS EXCESS OF PROFIT SEEKING IN ALBUQUERQUE. ALL WE'RE ASKING IS THAT THEY SUBMIT INFORMATION THAT THEY'RE ALREADY DOCUMENTING INTO A DATABASE TO MAKE OUR HOUSING REALITY MORE TRANSPARENT THAT IT IS TODAY. IF AS WE'VE HEARD TIME AND TIME AGAIN FROM MANY PROPERTY MANAGERS, THAT THEY WANT TO WORK WITH TENANTS ON SOLVING THE HOUSING CRISIS, THEN THIS SHOULD BE A RELATIVELY TRISKIAL ASK. AS I LEARNED IN MY XT WORK WITH WE DEAL WITH NOT ONLY WITH LAWS THAT PRIORITIZE LANDLORDS BUT ALSO A PERVASIVE ENFORCEMENT PROBLEM. TENANTS HAVE A RIGHT TO MINIMUM STANDARD IN HOUSING QUALITY. IN TRUTH, LANDLORDS IN ALBUQUERQUE COMMUNITIES MISLEAD THEIR TENANTS AND REFUSE BASIC REPAIRS WHENEVER IT IS CONVENIENT. I'VE SPOKEN TO TENANTS AND FAMILIES THAT HAVE SPENT MULTIPLE WINTERS WITHOUT HEAT. AND ANOTHER ELDERLY TENANT WHO HAD A GIANT HOLE IN HER FLOOR FOR A MONTH. AS WATER ROSE UP THROUGH THE BOTTOM OF THE FLOOR. AS WE HAVE SEEN IN THE DATABASE. >>COUN. DAVIS: FINISH THAT THOUGHT. >> PLEASE VOTE YES. >> PATRICK FOLLOWED BY ALAN. >> THANK YOU, MR. PRESIDENT. I'D LIKE TO URGE YOU TO VOTE YES TO THIS ORDINANCE. I WORKED AS A VICTIM AND COMMUNITY ADVOCATE FOR MISSING AND MURDERED INDIGENOUS RELATIVES IN MY CAREER. AND I JUST LIKE TO SAY DATA IS THE GROUND STONE AND FOUNDATION OF WHAT WE'VE BEEN TRYING TO DO. MOBILIZING TO GET DATA TO TACKLE A PROBLEM. I THINK THAT'S THE SAME KIND OF THING WE'RE GOING TOWARD. WE NEED A BASELINE OF DATA TO ATTACK A CRISIS. THERE ARE MANY DIFFERENT CRISISES HAPPENING IN NEW MEXICO. AND A DATA SUCHADS AS THIS TO HOLD LANDLORDS ACCOUNTABLE IS THE BASELINE OF WHERE TO TACKLE THE PROBLEMS. ESPECIALLY IN REGIONS AND DIFFERENT PARTS OF ALBUQUERQUE. AND TO GIVE RESIDENTS AND RENTERS THE OPPORTUNITY TO UNDERSTAND WHAT GOING ON, WHAT'S HAPWING THE HOUSING MARKET BECAUSE IT'S NOT REALLY ACCESSIBLE. YOU KNOW, FINDING A PLACE TO LIVE IS HARD ON ITS OWN LET ALONE HOW THE HOUSING MARKET WORKS AND WHICH LANDLORDS ARE DOING WHAT, WHICH ARE GOOD AT MAINTAINING PROPERTIES, WHICH ARE NOT GOOD. WHO HAS MASSIVE AMOUNT OF PROPERTIES AND WHO IS SMALL MOM AND POP LANDLORDS. THAT INFORMATION SHOULD BE AVAILABLE TO MAKE INFORMED DECISIONS ABOUT HOUSING WHICH IS ALREADY AN INCREDIBLY DIFFICULT AND LONG PROCESS. THANK YOU. PLEASE VOTE YES. >> ALAN FOLLOWED BY RICHARD. >> MR. PRESIDENT, COUNCILORS, YOU KNOW THIS -- I WANT TO TALK ABOUT WHAT IS SAID IN THIS ORDINANCE, IN THIS ORDINANCE IMPOSES SIGNIFICANT BURDENS AND CONTAINS NUMSEROUS DRAFTING ISSUES. IT REQUIRES 14 LINES OF INFORMATION FOR EVERY UNIT IN THE CITY WITH APPROXIMATELY 100,000 RENTALES IN ALBUQUERQUE, THAT'S 1.4 MILLION LINES OF INFORMATION THAT MUST BE FURNISHED BY HOUSING PROVIDE SKWRZ PROCESSED BY THE CITY. THIS ORDINANCE CONFLICTS WITH STATE LAW BY REDEFINING TERMS SUCH AS RENT, RENTAL AGREEMENT, PROPERTY OWNER, OPERATING RESIDENTIAL PROPERTIES, RESIDENTIAL RENTAL PROPERTY. ALL OF THAT IS NEW IN THIS ORDINANCE. THIS NEW DEFINITION ALSO MENTIONS A SLEEPING UNIT. THAT IS IMPORTANT. I'LL TELL YOU WHY IN A SECOND. THESE ARE NOT THE ESTABLISHED LEGAL DEFINITIONS WE'VE HAD FOR NEARLY HALF A CENTURY UNDER THE NEW MEXICO UNIFORM OWNER RESIDENT ACT. THESE ARE IMPOSED BEYOND WHAT THE STATE LAW CONSIDERS RESIDENTIAL. THIS EXEMPTS A NUMBER OF TYPES OF RESIDENCE. THIS BILL BECAUSE OF THE NEW DEFINITIONS WOULD ALSO INCLUDE MEDICAL CARE, COUNSELING, RELIGIOUS ORDERS, DETENTION, AND THEY WOULD ALL REQUIRE THE SAME REPORTING. THIS REQUIRES THE NUMBER OF UNITS D -- ADA ACCESSIBLE. ADA ACCESSIBILITY STANDARDS APPLY TO PUBLIC ACCOMMODATIONS, EMPLOYMENT, ACCESS TO GOVERNMENT PROGRAMS, RATHER THAN PRIVATE HOUSING. THEY'RE LIMITED IN SCOPE WITHIN APARTMENTS. THIS COULD REQUIRE A THIEP THAT UNDER A LENGTHY, AND THAT'S LIKE 279 PAGES SET OF REQUIREMENTS. FINALLY, WE'RE BACK TO COMPETING WITH THE INTERNET. IF SAYS YOU HAVE TO PUT YOUR PERMIT NUMBER ON EVERY PIECE OF MARKETING. OWNERS CAN'T CONTROL OVER WEBSITE OUT THERE. IT'S ABSOLUTELY IMPOSSIBLE. I URGE YOU TO PLEASE VOTE NO ON THIS. >> RICHARD FOLLOWED BY KENT. >> HELLO, THANK YOU FOR THE OPPORTUNITY TO SPEAK. I AM A DISABLED VETERAN AND A SINGLE FATHER. I LIVE IN THE PLAZO APARTMENTS. I'VE SEEN SERIOUS MAINTENANCE ISSUES GO UNADDRESSED. I'VE SEEN LARGE WATER LEAKS. I'VE SEEN REFRIGERATORS NOT WORK FOR WEEKS. LAST WEEK MYSELF AND MANY NEIGHBORS APPROXIMATELY 60 RECEIVED A 30-DAY NOTICE TO VACATE. ON THIS 30-DAY NOTICE I WAS TOLD THAT I HAVE TO LET THE MANAGEMENT KNOW 60 DAYS BEFORE I LEAVE TO RECEIVE MY DEPOSIT BACKS. IF I HAVE TO LEAVE IN 30 DAYS I CAN'T DO THAT. WHEN I WENT INTO THE OFFICE THEY TOLD ME IF I SIGNED THIS NOTICE TO VACATE I WOULD BE ALLOWED TO GET MY DEPOSIT BACK. IN THIS NOTICE THEY WANT TO PAY A MONTH OF RENT AFTER I LEAVE THE APARTMENT COMPLEX. I'VE GONE TO WAR FOR THIS COUNTRY. MYSELF AND MY CHILD AND MY NEIGHBORS DO NOT DESERVE THIS TREATMENT. I UNDERSTAND THAT INDUSTRY IS PUSHING, AND PEOPLE ARE PUSHING BACK. PLEASE, PEOPLE OF ALBUQUERQUE NEED YOUR HELP. PLEASE DON'T LET US DOWN. THANK YOU FOR YOUR TIME. >> KENT FOLLOWED BY JOSH. >> GOOD EVENING, COUNCILORS. I'M THE C.E.O. AT THE GREATER ALBUQUERQUE ASSOCIATION OF REALTORS. THANK YOU FOR THE WORK YOU DO ON BEHALF OF THE CITY OF ALBUQUERQUE. NO MATTER WHERE WE END UP, WE ALWAYS SEEM TO TRY AND MAKE GOOD DECISIONS TOGETHER. I APPRECIATE THAT. SPEAKING AGAINST THE ORDINANCE FOR SIMILAR REASONS THAT HAVE BEEN ENUMERATED. I DON'T THINK IT'S PRIME TIME FOR AN ORDINANCE LIKE THIS. IT JUST HASN'T BEEN THOUGHT THROUGH QUITE TO THE EXTENT IT NEEDED TO BE. FOR MANY OF THE REASONS THAT HAVE BEEN ALLUDED TO. I'D LIKE YOU TO MAYBE GO WORK ON IT A LITTLE BIT IF YOU CAN AND TAKE A SECOND LOOK AT IT AND SEE IF THERE'S SOMETHING THAT CAN BE DONE TO MAYBE TREAT SOME OF THAT UP. I'M DOUBTFUL AT THIS POINT BECAUSE THIS GOES SO FAR INTO ALMOST INTRUDING FOR NOT MUCH TANGIBLE GAIN IN TERMS OF WHAT IT WILL ACCOMPLISH. IN TERMS OF SUPPLY AND DEMAND, WHAT'S GOING ON IN THE HOUSING MARKET IS DEFINITELY A MARKET CONDITION. WHEN YOU'VE GOT PEOPLE LINED UP FOR MILES TO RENT A HOME MONEY IN HAND, YOU KNOW, YOU HAVE CUSTOMERS. AND YOU HAVE LOTS OF THEM. THAT SEEMS TO BE THE ISSUE. THIS WILL NOT, THIS WILL EXACERBATE THE SUPPLY AND DEMAND PROBLEM. LASTLY, I DON'T WANT TO ALWAYS COME BEFORE SAYING NO, DON'T DO IT. I'D LIKE TO TALK TO YOU ABOUT AN ORDINANCE THAT'S COMING, O-23-75. I'M IN GAVR -- FAVOR OF THAT. >>COUN. DAVIS: WHICH ONE IS THAT? >> NUISANCE ABATEMENT. >> JOSH FOLLOWED BY KIMBERLY. >> MR. PRESIDENT, MEMBERS OF THE COUNCIL, THANK YOU VERY MUCH. I AM HERE TO SPEAK AGAINST O-22-59. FIRST OFF, I AM A FATHER OF TWO. I'M AN AVID VOLUNTEER. I VOLUNTEER BOTH WITH MY ASSOCIATION AND AS A LITTLE LEAGUE PRESIDENT AND STILL AVID MEMBER OF THE LITTLE LEAGUE. I THANK COUNCILOR FIEBELKORN FOR YOUR WORK ON THE MENAUL REDEVELOPMENT PROJECT FOR MY LITTLE LEAGUE. THANK YOU FOR THAT. I HAVE A COUPLE PROBLEMS WITH 22-59. THE FIRST THING IS SITTING HERE WHAT I'M HEARING WHY DIDN'T THE CITY DO THIS OR THAT, WHY THIS KIND OF THING. HOW CAN WE IMAGINE WE'RE GOING TO PUT A DATABASE WITH SO MUCH HEAVY INFORMATION WITH SO MUCH LABOR INHERENT IN IT ON THE BACK OF THE CITY WE'RE ALREADY CRITICIZING FOR NOT DOING WHAT THEY'RE OVERSEEING THEIR JOB IS RIGHT NOW. SECOND THING AS WE FOUND IN THE PAST OVER 80% OF THE RENTAL MARKET OF THE STATE OF NEW MEXICO IS MOM AND POP. THOSE ARE PEOPLE THAT MAYBE OWN ONE PROPERTY AND IF YOU OWN A PROPERTY OR YOU ARE A HOMEOWNER YOU KNOW HOW HARD IT WAS TO GET THERE. IF YOU'RE LUCKY TO HAVE AN EXTRA PROPERTY AND YOU'RE GOING TO MAKE SOME KIND OF PROFIT OFF IT, WHO IS TO TELL YOU YOU'RE NOT ALLOWED TO DO THAT. WE'RE IN A FREE MARKET, PRIVATE PROPERTY RIGHTS ARE A THING. PRIVACY IS A THING. IF YOU START TELLING ME WHAT I CAN RENT MY PRIVATE PROPERTY FOR OR WHAT I CANNOT USE IT NOT WITHIN THE LAW YOU'RE GOING TO LOSE THE HOUSES RIGHT OFF THE MARKET. WE'RE GOING TO BE PULLING IT RIGHT UP JUST FROM THE TEETH OF THE VICTORY. PLEASE OPPOSE O-22-59. THANK YOU VERY MUCH. >> KIMBERLY FOLLOWED BY TONY. >> HI. LIKE A LOT OF PEOPLE, BACK IN 2017 I WAS A DEPARTMENT OF HEALTH WORKER. I WAS DOING GOOD. I LIVED ON THE WEST SIDE. I GOT SICK DUE TO THE HOUSE I WAS LIVING IN. IT HAD MOLD. I ENDED UP LOING EVERY AND I BECAME HOMELESS FOR TWO YEARS ON THE STREET. I FOUGHT HARD TO GET BACK TO GET WHERE I AM NOW. I DEAL WITH MEDICAL ISSUES ALL THE TIME. I'M HOUSED IN AN APARTMENT THAT BASICALLY LOOKS GREAT BECAUSE THEY MADE IT LOOK NICE. YOU GO INSIDE, ALL SUMMER LAST YEAR, NO WORKING AIR. I WAS TOLD BY HOUSING AIR WAS A LUXURY. WHEN DID AIR BECOME A LUXURY? IT PUT ME IN THE HOSPITAL FOR A WEEK. IN MAY WITH PNEUMONIA. I DIDN'T REPORT IT. SOMEBODY REPORTED IT. BERNALILLO COUNTY HOUSE{CODE ENFORCEMENT AND CAME OUT AND HOUSING NEW ABOUT THE ELECTRICAL ISSUES THAT ACTUALLY ELECTROICATED ME. CODE ENFORCISM TO-R-R WHETHER BLFM BLFNG >> I HAVE BEEN TOLD THEY WANT TO RAISE MY RENT. THEY WANT TO PAY BACK FOR 1144 IN A WAR ZONE APARTMENT. THE APARTMENT THAT REALLY FIVE MONTHS AGO WAS $500. NOW THEY WANT TO TELL ME THEY WANT $1144 BECAUSE THAT'S WHAT HUD WILL PAY. THEY DON'T WANT YOUR INCOME, BUT PEOPLE DESERVE TO LIVE IN A SAFE ENVIRONMENT. THEY'RE THEY'RE NOT ELECTROCUTED AND HAVE AIR. PLEASE PASS IT. >> TONY FOLLOWED BY STEVE. >> GOOD EVENING, COUNCILORS. THANK YOU VERY MUCH. I OWN A PROPERTY MANAGEMENT AND REAL ESTATE COMPANY. I LIVE IN COUNCILOR GROUT'S DISTRICT. I AM OPPOING AND WOULD LIKE YOU TO OPPOSE ORDINANCE 22-59. I CURRENTLY MANAGE ABOUT 265 UNITS. THAT IS 150 SEPARATE OWNERS. MOST OF MY OWNERS ARE SMALL MOM AND POP OWNERS. THE REASON WHY THEY HIRE A PROPERTY MANAGER IS SO THEY CAN HAVE US LEASE THEIR PROPERTY, MANAGE PROPERTY, MARKET THE PROPERTY, THAT KIND OF THING. THIS DATABASE WITH THE INFORMATION THAT YOU ARE WANTING IN THAT DATABASE FOR MY EXAMPLE IS 115 OWNERS AS IT ALREADY HAS BEEN STATED THAT WOULD BE 14 LINES OF INFORMATION FOR EACH INDIVIDUAL OWNER WHICH IS 265 UNITS IN MY PORTFOLIO. THAT DATABASE, IF MADE PUBLIC, WOULD BE ABLE TO BE USED FOR TENANTS TO GAIN ACCESS TO OWNER INFORMATION. THAT OWNER INFORMATION IS PRIVATE TO US PROPERTY MANAGERS. THE REASON WHY THEY HIRE THE PROPERTY MANAGERS IS TO HAVE A DISTANCE BETWEEN THE TENANT, TENANT RELATIONS, AND THE PUBLIC. WE ASKED ON BEHALF OF THE OWNERS THAT DATABASE WOULD -- THE COLLECTION OF INFORMATION, WHICH WOULD POSSIBY BE MADE PUBLIC, COULD POTENTIALLY, IF YOU'RE SHARING THOSE RENTS, COULD ESTABLISH A COMPETITION BETWEEN OTHER LANDLORDS WHICH COULD SET RENT IN THE WAY THAT THE CITY DOES NOT WANT. IF THE DAA BASE IS MADE PUBLIC THAT INFORMATION, RENTAL OWNER'S INFORMATION WOULD BE MADE PUBLIC TO POSSIBY DISGRUNTLED TENANTS. THANK YOU. I OPPOSE THE ORDINANCE AND I SUGGEST YOU DO THE SAME. >> STEVE FOLLOWED BY JENNIFER. >> GOOD EVENING, PRESIDENT, COUNCILOR. I'M A PROPERTY OWNER HERE IN ALBUQUERQUE. BEEN SO FOR 20 YEARS PLUS AND PRESIDENT OF THE APARTMENT ASSOCIATION. ALL OF THE MEMBERS AND AFFILIATES AND SMALL MOM AND POP LIKE MYSELF AND OTHERS ARE SERIOUSLY CONCERNED ABOUT THE ITEMS WITHIN THE CITY'S PROPOSED ORDINANCE. WE STAND IN OPPOSITION OF THE RENTAL DATABASE ORDINANCE. I READ OVER THE ORDINANCE MANY, MANY TIMES. THE QUESTION I KEEP ASKING MYSELF IS WHY. I KNOW THERE'S LOTS OF REASONS. WHY THIS IS DATABASE SO IMPORTANT ALL OF A SUDDEN? EXCEPT FOR THE REASONS THAT HAVE BEEN ADDRESSED. HOW IS THIS GOING TO HELP THE DELIMA WE HAVE WHEN IT COMES TO HOUING IN ALBUQUERQUE? WHY IS 14 LINES, I KNOW WE SAID THIS, DWAT DATA REQUIRED. WHY IS THIS REQUIRING OCCUPIED VERSUS VACANT UNITS DURING A CERTAIN TIME PERIOD? HOW WOULD THIS HELP THE OVERALL HOUSING CHALLENGES GET THE RIGHT PEOPLE FOR THE RIGHT REASONS INTO THE RIGHT RENTAL UNITS? IN CLOSING, I'D LIKE TO SAY WE WANT TO BE A CITY OF GROWTH IN POSITIVE DIRECTION. FOR NEW COMPANY EXPANSIONS, AND FRIENDLY INVITING PROCESS FOR BEING A RENTAL PROPERTY OWNER. OR ARE WE GOING TO BE A CITY TO DEAL WITH A REAL ESTATE INVESTOR THAT RUNS AWAY FROM THE DUKE CITY? THEREFORE DECREASING THE NEED FOR HOUSING STOCK AND SUPPLY. I'M VERY EAGER, AS MY COLLEAGUES ARE, TO SEE WHAT WE CAN DO TO WORK WITH THE CITY HOEFRB WE CAN TO FIND SOLUTIONS TO CONCERNS OF OUR HOUSING DILEMMA. HOWEVER THIS SOLUTION DOESN'T HELP BUT ONLY HURTS THE PROCESS OF GROWTH FOR THE RENTER AND PROPERTY OWNER. PLEASE VOTE NO. THANK YOU. >> JENNIFER FOLLOWED BY RACHEL ON ZOOM. >> GOOD EVENING, COUNCILORS. THE QUESTION OF WHY THIS CAME UP ON -- I'M FROM THE PEOPLE'S HOUSING PROJECT. I'M ASKING YOU TO VOTE YES ON THIS. WHY? WHY DID I SIT HERE ALL NIGHT AND WATCH DATA. DATA CHART MAPS EVIDENCE. WE TALKED ABOUT AGO, I.G.O., NGO, ALL THAT ABOUT STRUCTURAL INDEPENDENCE. THAT'S WHAT THE PEOPLE ARE ASKING FOR. A REGISTRY SO THERE'S NOT RETALIATION AGAINST THE PEOPLE. WHERE 60 PEOPLE ARE GETTING KICKED OUT OF ONE PLACE. ACTUALLY I'M QUITE OFFENDED. DOES THE CITY REALLY THINK THE CITY CAN'T HANDLE A DATABASE LIKE THIS? YEAH YOU CAN. OF COURSE YOU CAN HANDLE A DATABASE. WE ARE SHELTERING PEOPLE. THIS IS NOT TRAFFICKING PEOPLE. NONE OF THIS IS GOING TO HURT ANYBODY TO HAVE A DATABASE OF INFORMATION. BECAUSE THAT'S HOW YOU MAKE DECISIONS. YOU ASKED FOR ACCOUNTABILITY. COUNCILORS, YOU SAID DO YOUR DO DI DILIGENCE. DO YOUR DUE DILIGENCE ABOUT THOSE PEOPLE AFFECTED BY ASBESTOS. WORKERS WHO ARE HURT. THIS IS THE DUE DILIGENCE TO THE PUBLIC. TO CHILDREN OF ALL OF THE PARENTS. YOU KAIR -- CARE ABOUT THE CHILDREN BUT HOW DO YOU SHARE CARE AND COMPASSION THROUGH TOP DOWN. YOU HAVE TO SHOW PARENTS COMPASSION. WE'RE IN A VERY BAD SPOT. WE HAVE TRANSPARENCY. 200 UNITS FOR 14 LINES OF QUESTIONS IS RIDICULOUS. YOU SHOULD BE THE WORK ME -- WE DO. I BET SHE WAS BURIED IN PAPERWORK. PLEASE VOTE YES. >> RACHEL FOLLOWED BY WOLF. >> GOOD EVENING, MR. PRESIDENT, CITY COUNCIL. I'M WITH ALBUQUERQUE HEALTH CARE FOR THE HOMELESS. WE STRONGLY SUPPORT O-59. THIS IS STRAIGHT FORWARD ASK SENSIBLE SOLUTION AND IMPORTANT FIRST STEP TO CREAING POLICY THAT BENEFITS LANDLORDS GENTERS IN ALBUQUERQUE. WE'RE GRATEFUL FOR INCREASING INVESTMENT AND HAVING VOUCHERS IN LAST YEAR'S BUDGET. AND SUPPORTING EFFORTS TO DESIGN AN EFFECTIVE LANDLORD INCENTIVE PROGRAM TO ENSURE MORE VULNERABLE COMMUNITY MEMBERS CAN ACCESS SAFE AND AFFORDABLE HOUSING. WE'RE MISSING IS THE CRITICAL DATA NEATEDED TO UNDERSTAND RENTALSTOCK. WE. >> WOLF FOLLOWED BY ASHLEY. >> GOOD EVENING, MR. PRESIDENT. I'M ATTORNEY WITH THE NEW MEXICO CENTER ON LAW AND POVERTY. IT'S NO SURPRISE TO ANY YOUF THAT WE'RE IN A HOUSING CRISIS IN ALBUQUERQUE. JUST TO PUT SOME NUMBERS, ALL OF THE TESTIMONY, 40% OF ALBUQUERQUE HOMES ARE RENTALS, THOSE NUMBERS ARE HIGHER IN COMMUNITIES OF COLOR. AND RIGHT NOW THEY'RE FACING EVICTION NUMBERS UNPRECEDENTED. THERE ARE THOUSANDS OF YOUTH HOMELESS IN ALBUQUERQUE. EVEN MORE FAMILIES ARE HOMELESS IN ALBUQUERQUE. RENT HAS INCREASED TO THE HIGHEST THEY'VE EVER IN R BEEN IN THE HISTORY OF THE CITY. EVERY DAY MY OFFICE RECEIVES CALLS FROM PEOPLE WHO ARE ON THE VERGE OF HOMELESSNESS. MAKING THEM PAY RENT IN THE NEXT MONTH. THE EVICTION MORATORIUM IS OVER. AND THEY'RE NOT GETTING ASSISTANCE FROM THE FEDERAL GOVERNMENT. IF THEY DON'T WANT TO HAVE STREETS FILLED WITH HOMELESS FOLK, IF THEY DON'T HAVE PEOPLE PRECARIOUS LIVING, THE CITY NEEDS TO DO SOMETHING ABOUT IT. THE CITY IS GETTING BASIC DATA ON WHAT THE HOUSING MARKET LOOKS LIKE. THIS IS A MODEST START IN THE DIRECTION. YOU LEARN ABOUT INFORMATION THE CITY NEEDS TO ADDRESS COMMUNITY SAFETY CONCERNS AND INFORMATION TO CREATE HOUSING AND COMMUNITY POLICY AND THE INFORMATION ABOUT INTERVENTION SERVICES. NECESSARY FIRST STEP AND WE THANK YOU FOR SUPPORTING IT. >> ASHLEY FOLLOWED BY DAN. >> HI, I AM A PROPERTY MANAGER WITH THE SMALL HOUSE REAL ESTATE. WE MANAGE 60 PROPERTIES. OUR BROKERAGE OPPOSES THIS ORDINANCE. IT'S INTRUSIVE. THE AMOUNT OF WORK THAT IT WOULD TAKE FOR ME TO ENTER THE DAA BASE IS JUST TIME-CONSUING AND RIGHT NOW WE DON'T CHARGE APPLICATION FEES. I HAVE NO CHOICE BUT TO CHARGE AN APPLICATION FEE BECAUSE TIME IS MONEY. AND THESE 14 LINES OF INTRUSIVE INFORMATION IS UNNECESSARY. HONESTLY AFTER LISTENING TO SOME OF THE STORIES THAT I'M SYMPATHIC TO OF THE POOR MAINTENANCE, I DON'T THINK THAT'S ADDRESSED IN THIS PARTICULAR ORDINANCE. THAT'S SOMETHING THAT SHOULD BE REFERRED TO NUISANCE ABATEMENT. PUT MORE MONEY INTO THE NUISANCE ABATEMENT TO HANDLE CALLS AND ADDRESS THAT. FOR THIS ORDINANCE, I CAN'T SUPPORT, WE CAN'T SUPPORT IT. WE HOPE YOU VOTE NO. THANK YOU. >> DAN FOLLOWED BY JOSE. >> GOOD EVENING, COUNCILORS, THANK YOU FOR STAYING LATE AND LISTENING TO ALL OF OUR CONCERN. I'VE ALWAYS ADMIRED OF YOUR RESOLVE AND PATIENCE. ME AND MY WIFE ARE NEW MEXICO NATIVE AND WE LOVE OUR CITY. AND WE SOMEHOW STRUGGLE TO PROVIDE OVER 30 RENTAL PROPERTIES IN THE ALBUQUERQUE AREA. WE'RE VERY PROUD OF THAT. REVIEWING THIS, THE BILL IS CONFUSING. BUT THE ONE THING THAT STANDS OUT, I KNOW YOU'RE SCRATCHING YOUR HEAD WONDERING, IS HOW CAN IT ACCOMPLISH THE CLAIMS MADE BY THE AUTHERS OR GUEST SPECKERS? IT DOESN'T MEAN MORE AFFORDABLE HOUSING OR LICENSED TECHNICIANS WILL GET TRAINED, IT DOESN'T FIX REFRIGERATORS. IT DOESN'T MEAN LOWER RENT. AND I CAN'T BELIEVE THAT SOMEBODY FROM CITY HOUSING OR AFFORDABLE HOUSING SAY IT DOESN'T MEAN MORE HOUSING VOUCHERS. THE BOTTOM LINE IS THIS, MORE RED TAPE AND MORE LEGISLATION MEANS WHAT? I CAN HEAR YOU SAYING IT IN YOUR MIND, IT MEANS HIGHER RENT. IT'S MORE LABOR. IT'S MORE MANAGEMENT ON THE CITY. IT'S HIGHER EXPENSES FROM THE MANAGER. IT'S AN UNNECESSARY BURDEN. AND THE PERFECT RECIPE FOR HIGHER RENT. I'M ALSO AFRAID IT'S GOING TO MEAN LESS PEOPLE LIKE ME CAN PROVIDE HOUSING. ALSO IF YOU'RE LOOKING FOR LARGER OUT OF STATE HOUSING PROVIDERS TO COME IN, WE'RE GOING TO SEE THIS AND BE LIKE I DON'T WANT TO WORK HERE. THIS RESULTS IN HIGHER RENT, LESS HOUSING, BUT SADLY, IT SEEMS LIKE IT COULD ONLY HURT THE PEOPLE WHO NEED IT MOST. COUNCIL MEMBERS, FOR OBVIOUS REASONS PLEASE VOTE NO AND THANK YOU FOR STAYING UP. >> JOSE FOLLOWED BY CRAIG. >> HELLO, I AM WITH THE PEOPLE'S HOUSING PROJECT AND MEMBER OF SOUTHWEST MOUNTAIN STATE CARPENTER UNION. I'M IN SUPPORT OF COUNCIL BILL WHICH WILL ESTABLISH A LANDLORD REGISTRY. MY PARTNER AND I MOVED INTO TOGETHER THEY ASKED TO SEE OUR PAYCHECK AND MY PARENT'S GRADE BECAUSE SHE IS A GRADUATE STUDENT. I UNDERSTAND THAT SOME LANDLORDS ASK FOR A CREDIT SCORE TO SEE IF THEY'RE VIABLE TENANTS. THERE'S NO WAY TO SEE IF OUR LANDLORD IS THE ONE WE WANT TO HAVE A BUSINESS RELATIONSHIP WITH. THEY CAN BREAK HOUSING LAWS AND NEGLECT MAINTENANCE. WORKING WITH THE PEOPLE'S HOUSING PROJECT AND REACH TO MANY APARTMENT COMPLEXES, WE KNOW MANY TENTPS DIDN'T WANT THE RELATIONSHIP WITH LANDLORDS BUT WISH WHEN THEY PLACE A WORK ORDER THAT THE ISSUE BE SOLVED. SOME OF THE ISSUES INCLUDE LANDLORDS DIGGING UP FLOORS AND NOT FIXING THE FLOORS FOR MONTHS. AND WATER CLOSETS AND SHOWERS FAILING AND CONTINUED STREAM OF WATER CROSS THE SHOWER. MANY PEOPLE HAVE PROBLEMS ABATING THE RENT AND THEY WERE ONLY ABLE TO DO IT ON THEIR BEHALF THAT THEIR MAINTENANCE ISSUES WOULD BE SOLVED. NOT HAVE THE REGISTRY WOULD ENCOURAGE LANDLORDS TO BE NEGLIGENT. IT IS PUBLIC RECORD OF NEGLIGENCE AND FORCE THEM TO HONOR MAINTENANCE REQUEST. IT WILL ALSO PREVENT LANDLORDS FROM BEING DISHONEST AND CITY COUNCIL AND COUNTY COMMISSION MEETINGS AND AT THE STATE HOUSE. AND STOP LANDLORDS FROM ISSUE ING ILLEGAL EVICTION NOTICES WHICH HAVE HAPPENED AT TENANTS. THAT'S PART OF THE REASON WHY I AM SUGGESTING THAT CITY COUNCIL PASS BILL. THANK YOU. >> CRAIG. >> CAN YOU HEAR ME? >> WE CAN HEAR YOU. >> GOOD EVENING, COUNCIL PRESIDENT, MEMBERS OF THE CITY COUNCIL. I WOULD LIKE TO RESPECTFULLY REQUEST THAT YOU VOTE NO ON COUNCIL BILL 0-22-59. I AM A SMALL RENTAL PROPERTY INVESTOR IN DISTRICT SIX. AND PROVIDER OF AFFORDABLE HOUSING IN THE FORM OF ONE BEDROOM UNITS. SMALL MOM AND POP INVESTOR. SORRY. THINGS LIKE THIS BILL ARE DRIVING ME TO CONSIDER SELLING BECAUSE THE BURDENSOME REGULATIONS. SMALL INVESTORS LIKE ME THAT ARE ACTIVE IN CARING FOR PROPERTIES AND TENANTS ARE REALLY THE BEST LANDLORD THAT TENANTS CAN HAVE. MY TENANTS GET IMMEDIATE ATTENTION TO ISSUES THAT COME UP WITHOUT HAVING TO WAIT FOR MANAGEMENT COMPANY DECISION MAKERS TO RESPOND OR CORPORATE BOARDS TO DECIDE PARTICULAR NEEDS THEY HAVE. THEY ALSO BENEFIT WHEN THEY MAINTAIN MY PROPERTY AND PAY RENT ON TIME BECAUSE I'M WILLING TO KEEP THEIR RENT BELOW MARKET AS AN INCENTIVE FOR THEM TO STAY. I BELIEVE ORDINANCES LIKE THIS ONE ARE WRITTEN TO REGULATE HOUSING PROVIDERS. AND WILL ACTUALLY REDUCE INDIVIDUAL INVESTMENT IN RENTAL HOUSING IN ALBUQUERQUE AND DRIVE UP RENTAL RATES AS DEMAND CEDES NEW SUPPLY. THIS ORDINANCE DOESN'T ACTUALLY ACHIEVE ITS STATED PURPOSE. PROTECTING HEALTH, SAFETY, AND WHEN IERAL WELFARE OF RESIDENT OCCUPANTS AND NEIGHBORING RESIDENTS AND PROPERTY OWNERS. IT DOES CREATE THE DAA BASE, OF COURSE. AND FALLS UNDER PENAL IF THEY'RE NOT COMPLAINT. >>COUN. FIEBELKORN: I'M HAPPY TO ANSWER ANY QUESTIONS. >>COUN. LEWIS: THANK YOU, MR. PRESIDENT. JUST SOME COMMENTS AND MAYBE SOME QUESTIONS THAT COME UP OUT OF IT. I THINK OF FIRST OF ALL, THE PEOPLE IN THE CITY WHO INVEST THEIR LIVELYHEAD AND REPRESENTATION AND HARD-EARNED MONEY AND TO THOSE HERE TONIGHT, AND MIGHT BE LISTENING THAT ARE OWNERS, PROPERTY OWNS , THEY RENT HOME AND RENT APARTMENTS, ROOMS IN PLACES FOR PEOPLE TO LIVE. THEY PROVIDE HOUSING IN OUR COMMUNITY. AND THEY REALLY FORCED TO COME DOWN, ONCE AGAIN, SEEMS LIKE MULTIPLE TIMES, JUST TO DEFEND WHO THEY ARE. TO DEFEND THEIR LIVELYHOOD AND WHAT THEY DO, AND TO HEAR COMMENTS LIKE -- JUST INFLAMMATORY COMMENTS. DEMONIZING THEM. RETALIATORY. JUST THESE INFLAMMATORY COMMENTS ABOUT THEM. AND THEY PROBABLY DON'T FEEL LIKE THEY HAVE A WHOLE LOT OF ADVOCATES AT CITY HALL. PEOPLE THAT JUST UNDERSTAND OR WANT TO SUPPORT THEM. YOU KNOW, YOU HAVE TO HAVE PEOPLE THAT ARE WILLING TO SUPPORT -- YOU HAVE TO BE ABLE TO SUPPORT THE PEOPLE WHO PROVIDE THE HOUSING. I'M CONCERNED ABOUT BILLS LIKE THIS AND RESOLUTION LIKE THIS FIRST OF ALL PAINTS THEM IN THAT KIND OF LIGHT. THAT ASSUME THAT ABOUT THEM. AND THEN ALSO JUST PUT SEARCH -- SUCH A BURDEN. AND SUCH A BURDEN ON THE CITY. I'M TRYING TO THINK OF OTHER INDUSTRIES THAT WOULD BE SIMILAR TO THIS. SO THE GUESS INDUSTRY, WOULD WE AS A CITY REQUIRE CONVENIENCE STORES TO SELF-PUBLISH THEIR GAS PRICES? DEMONIZES GAS PRICE -- WE DON'T MAKE THEM DO THAT. THIRD-PARTIES PUBLISH THAT AND IT'S MORE TRANSPARENT TO THE CONSUMER BECAUSE THIRD-PARTIES DO THAT NOT THE CONVENIENCE STORIES THEMSELVES. I THINK ABOUT THE FOOD INDUSTRY, WE DON'T REQUIRE GROCERY STORES TO SELF-PUBLISH THEIR PRICES. WHEN YOU BY CAR IT'S IMPORTANT TO HAVE PUBLIC TRANSPORTATION AND BE ABLE TO HAVE TRANSPORTATION IN THE CITY AND YOU GO BUY A CAR, USED CAR, NEW CAR, AND THOSE CAR COMPANIES ARE NOT REQUIRED TO PUBLISH THEIR PRICING. SO, FOR A LOT OF REASONS, YET, TO THINK THAT IN THIS INDUSTRY WOULD BE DIFFERENT, AND I THINK ABOUT THE TIME AND COST TO BE ABLE TO -- AND A LOT OF THESE THINGS WERE BROUGHT UP, TO REGULATE SOMETHING LIKE THIS. THERE'S NOT A FEE. BUT IF YOU DON'T APPLY IN THE DATABASE, THEN THE PROCESS, ACCORDING TO THE RESOLUTION, OF COURSE THIS IS ALL MANAGED BY FAMILY AND COMMUNITY SERVICES. WE HAVE A DEPARTMENT. WE'RE GIVING THEM $150,000 TO DO THIS. I THINK THIS RESOLUTION IS DOWNPLAYING THE AMOUNT OF MONEY THAT IT WOULD TAKE TO MANAGE SOMETHING LIKE THIS. THERE'S NO FEE, YET, IF THERE'S A COMPLAINT THAT'S MADE WE COULD HAVE SEVERAL THOUSAND COMPLAINTS OF PEOPLE NOT ENROLLED IN THIS. THE CITY SAYS IT WILL INVESTIGATE IT. IF IT'S VERIFIED THE CITY WILL ISSUE LETTER OF COMPLIANCE. THAT TAKES CLERK AND PEOPLE TO ISSUE LETTERS. IF THE LETTER IS NOT ENROLLED AFTER THREE LETTERS, YOU HAVE TO HAVE INVESTIGATORS WHO INVESTIGATE, I GUESS YOU GO TO THE HOME OR INVESTIGATE IF IT IS IN FACT A RENTAL HOME OR RENTAL PLACE. IF THEY HAVE BEEN COMPLIANCE OR NOT THAT TAKES AN INVESTIGATOR TO DO THAT. IF IT'S VERIFIED THEY'RE NOT ENROLLED THE CITY WILL ISSUE LETTER OF COMPLIANCE. IF IT'S NOT ENROLLED AFTER THREE LETTERS, YOU NEED THREE TIMES THE INVESTIGATORS TO GO OUT AND TRY TO FIND IF THEY'RE IN COMPLIANCE OR NOT, IF ALL THAT HAPPENS ASK THEY'RE NOT ENROLLED YOU GET $100 A MONTH TO BE BROUGHT INTO COMPLIANCE. WE'RE NOT CHARGING THEM A FEE, BUT IF YOU DON'T DO IT, YOU'RE GOING TO BE CHARGED $1200 A YEAR. IT DOES GO ON AND ON. IF YOU READ THIS RESOLUTION, KROUN, IT'S JUST PROBLEMATIC. I MENTION -- STAFF MENTIONED COMPANIES THROUGHOUT THE UNITED STATES THAT DEVELOP AND MAINTAIN SUCH DATABASES, I'M SURE THERE'S SOFTWARE COMPANIES THAT CHARGE A LOT OF MANY TO BE ABLE TO DO THAT AS WELL. BOTTOM LINE, A LOT OF GOOD POINTS BROUGHT UP HERE TONIGHT. I DON'T THINK THIS IS THE SOLUTION TO SOLVING OUR AFFORDABLE HOUSING ISSUE. I THINK IT'S EXACTLY THE OPPOSITE. WE NEED TO SUPPORT THOSE THAT ARE INVESTING AND HELPING. I WANT MORE PEOPLE WHO ARE RENTING HOMES RIGHT NOW, RENTING PLACES RIGHT NOW, TO HAVE THE OPPORTUNITY IN THE CITY TO BE ABLE TO ONE DAY ME A HOMEOWNER THEMSELVES AND POSSIBY BE ABLE TO MAKE SOME INCOME BY RENTING OUT THAT HOME OR ANOTHER HOME OR PORTION OF THAT HOME WITHOUT HAVING TO GOY THROUGH SO MUCH RED RED TAPE OR REGULATION. >>COUN. DAVIS: COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. I JUST CAN SEE THE UNINTENDED CONSEQUENCES. I WAS AN ACTUAL LANDLORD FOR MANY YEARS. AND I DID EXACTLY WHAT COUNCILOR LEWIS WAS SAYING. I PURCHASED MY HOUSE WHEN I WAS VERY, VERY YOUNG. I WENT TO ANOTHER HOUSE. RENTING THE HOLD OLDER HOUSE AND CONTINUED THAT PROCESS. TO WHERE I'M AT NOW. I THINK IT'S A REALLY GOOD WAY FOR AN INDIVIDUAL WHO IS WANTING HOMEOWNERSHIP TO MOVE UP. AND GAIN A NICER HOUSE. ALSO, USING THE UNINTENDED CONSEQUENCES IN THIS BILL, IT'S A PUBLIC DOCUMENT. PUBLIC DATABASE. AT THAT POINT, I WOULD ACTUALLY IF I WAS A LANDLORD, I WOULD ACTUALLY USE THIS DATABASE WITH ALL THIS INFORMATION PROVIDED TO ACTUALLY CHARGE MORE FOR RENT. I WOULD TAKE THIS DATABASE AND I WOULD KNOW THAT MY NEIGHBOR RIGHT DOWN THE STREET WHO I ONLY HAVE TO GUESS ABOUT HOW MUCH HE IS PAYING, I'LL KNOW EXACTLY HOW MUCH SHE'S PAYING AND I'LL KNOW THE CONDITION OF THAT HOUSE VERSUS MINE IS WAY BETTER, SO I'M GOING TO UP THE RENT WAY MORE BECAUSE I'LL HAVE THAT DATA AT MY FINGERTIPS. I THINK THAT'S WHAT WE'RE GOING TO START SEEING IS THE UNINTENDED CONSEQUENCES. YOU WILL SEE THAT WITHIN THESE BIG LARGE APARTMENT COMPLEXES. I THINK WE NEED TO LEAVE THIS ALONE. I KNOW THE SYSTEM WILL GET USED IN A WAY WHERE WE WILL HAVE THOSE UNINTENDENED CONSEQUENCES. I KNOW I WOULD. I THINK IT'S IMPORTANT WE CONTINUE THE WAY WE ARE NOW. I'M NOT GOING TO SUPPORT THIS BILL. >>COUN. DAVIS: THANK YOU. OTHER COUNCILORS, OTHER QUESTIONS? >>COUN. BASSAN: MR. PRESIDENT, I JUST THINK THAT HEAR -- THERE'S MULTIPLE LAYERS TO THE INTENTION OF THIS. AND MY PERCEPTION OF THE WHY. AND REALLY, I DON'T THINK ANY OF US BELIEVE THAT SLUMLORDERIZE ACCEPTABLE OR THEY SHOULD EXIST OR WE SHOULD ENABLE THEM TO EXIST. BUT, THAT TO ME IS WHAT I BELIEVE IS A BIG PORTION OF THE WHY IN MAKING THIS ORDINANCE AND PASSING IT. I WOULD LOVE TO HEAR FROM PLANNING EVENTUALLY, NOT TONIGHT. DREKER IF DIRECTOR, IF YOU OR ANYBODY HAS A SOLUTION FOR WHAT WE CAN DO REGARDING SLUMLORDS, AND IDENTIFYING WHO THEY ARE AND WHAT WE CAN DO TO WORK TO ELIMINATE THEM, I DON'T THINK IT'S RIGHT TO LUMP ALL LANDLORDS INTO THAT CATEGORY. BECAUSE I DO NOT BELIEVE THAT IS ANYWHERE NEAR THE MAJORITY OF THEM. >>COUN. DAVIS: SEEING NO OTHER DISCUSSION. COUNCILOR FIEBELKORN TO CLOSE. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I DID FILL OUT A SURVEY FOR MY PSEUDOIO AND STUDIO, AND I'M REALLY TIRED, I'M HERE DESPITE THE RIGOROUS SURVEY. I WANT TO POINT OUT THIS WAS THE NUMBER ONE REQUEST LAST FALL WHEN I CALLED IN THE HOUSING EXPERTS FROM UNM AND ASKED THEM BECAUSE THEY KNOW AND I DON'T WHAT DEWE NEED TO DO TO HELP WITH THE HOUSING CRISIS. WHAT DO WE NEED TO DO TO DESIGN PROGRAMS OR POLICIES OR INCENTIVES THAT CAN HELP US PROVIDE MORE AFFORDABLE HOUSING, AND THEY ALL UNANIMOUSLY SAID WE NEED A DATABASE OF HOUSING. WE DON'T KNOW WHAT WE HAVE IN THIS CITY. WE HAVE NO IDEA WHAT PART OF TOWN HAS ENOUGH HOUSING, WHAT PART OF TOWN DOESN'T HAVE ENOUGH HOUSING. WHAT POLICIES AND INCENTFES YOU CAN DEVELOP BECAUSE YOU DON'T KNOW. THAT IS THE REASON WHY I WORKED WITH THEM TO DEVELOP THIS PROPOSAL. I'VE HEARD A LOT OF DRAMA TONIGHT. AND THE LAST COUPLE OF WEEKS. IT'S GETTING VERY INTERESTING TO ME THAT THE COMMENTS ARE ALL ABOUT HOW WE DON'T WANT THESE PROGRESSIVE IDEAS. THIS IS NOT -- THIS IS ALBUQUERQUE. WE DON'T WANT PROGRESSIVE IDEAS. THIS IS IN PLACE IN BASTIONS OF PROGRESSIVE THOUGHT. LIKE THE STATE OF ARIZONA. THE STATE OF OHIO. AND 20 CITIES IN TEXAS, INCLUDING DALLAS, HURST, 20 OTHERS. THIS IS NOT A PROGRESSIVE IDEA. IT'S NOT A NEW IDEA. IT'S SOMETHING THAT HAPPENS NEXT DOOR IN ARIZONA, AND NEXT DOOR IN TEXAS. THE OTHER REALLY NICE BENEFIT OF HAVING THE BENEFIT IS ACTUALLY COMMUNICAING WITH LANDLORDS. I CAN'T TELL YOU HOW MANY LANDLORDS HAVE CALLED ME AND SAID, I DON'T KNOW ANYTHING ABOUT THIS. WHY WASN'T I INVITED TO THE MEETING USE HAD IN DECEMBER. TO DISCUSS THIS BILL. AND I HAD TO SAY, I DIDN'T KNOW YOU WERE A LANDLORD. YOU'RE ACTUALLY COMPLAINING WE DON'T HAVE A LANDLORD RGISTRY SO I CAN TELL YOU ABOUT CONVERSATIONS ABOUT A LANDLORD REGISTRY. IT MAKES ZERO SENSE. EITHER YOU WANT TO BE IN COMMUNICATION WITH THE CITY AND YOU WANT TO KNOW, OR YOU DON'T. IT'S YOUR CHOICE. EVERY BUSINESS THAT I'M AWARE OF HAS TO REGISTER, HAS TO GET A PERMIT, HAS TO JOIN A DATABASE, MOST BUSINESSES HAVE ALL THREE. SHORT-TERM RENTAL OWNERS, SHORT-TERM RENTAL OWNERS ALREADY HAVE TO DO AN ANNUAL PERMIT. THEY HAVE TO PROVIDE A LOT MORE THAN 14 QUESTIONS. I GUARANTEE YOU. THEY HAVE TO COO DO A LOT OF WORK. THE COMPANY THAT PICKS UP MY DOG'S POOP IN MY BACKYARD HAS A BUSINESS LICENSE. MY NEIGHBOR WHO RENTS OUT HIS CASITA HAS A SHORT-TERM RENTAL REGISTRY. THE VENDORS AT THE LOCAL FARMER'S MARKET HAS TO FILL OUT SEVERAL PAGES JUST TO SELL THEIR YARD LETTUCE AT A FARMER'S MARKET. MY FRIEND WHO SELLS HAND-MADE JEWELRY HAS HABUSINESS LICENSE. MY FRIEND WHO RUNS A DOG RESCUE HAS A COUNTY PERMIT TO DO THAT. I READ ARTICLES IN THE PAPER ABOUT KIDS WHO HAVE LEMONADE STANDS ON THE SIDE OF THE ROAD WHO GOT IN TROUBLE BECAUSE THEY DIDN'T HAVE A PERMIT. WHAT MAKES LONG-TERM RENTAL OWNERS SO SPECIAL THEY DON'T HAVE TO REGISTER IN ANY WAY, SHAPE OR FORM? IT'S DISHEARTENING TO ME BECAUSE WHEN YOU THINK ABOUT THE LONG-TERM LANDLORDS WE'VE HEARD FROM TONIGHT, MORE THAN ANY OF THE EXAMPLES I GAVE YOU, THEY'RE DEALING WITH SOMEONE'S BASIC HUMAN RIGHT OF HAVING A HOME. IT SEEMS TO ME THAT IS REALLY NOT MUCH TO ASK TO HAVE THEM FILL OUT A 14-LINE OF DATA SO THAT THE CITY OF ALBUQUERQUE CAN GET A HANDLE OF WHAT RENTAL UNITS WE HAVE IN OUR CITY, WHAT WE NEED TO DO IN TERMS OF INCENTIIZATION AND POLICY AND PROGRAMS TO INCREASE THAT. NOW, I THINK WE ALL HAVE HEARD TONIGHT WHY THEY DON'T WANT THAT. I'LL REPEAT IT FOR THE FOLKS IN THE BACK. THEY'RE WORRIED THAT THE TAX ASSESSOR IS GOING TO FIND OUT HOW MUCH MONEY THEY'RE MAKING. AND THE OWNERS OF THE PROPERTIES DON'T WANT TO BE BOTHERED BY THE PEOPLE WHO ARE FORCED TO LIVE IN THEM. THAT'S WHAT I HEARD TONIGHT. SO, IN CLOSING, YOU KNOW, I URGE YOUR SUPPORT. I THINK WE KNOW HOW THIS IS GOING TO GO. MORE THAN URGING SUPPORT UP HERE, I URGE THE CITIZENS OF ALBUQUERQUE TO REALLY START THINKING AND ASKING QUESTIONS ABOUT WHY THIS INDUSTRY ABOVE ALL OTHERS HAS SO MUCH POWER AND WHY THEY, MORE THAN ANY OTHERS, HAVE THE POWER OVER YOUR ELECTED OFFICIALS AT THE CITY, AND AT THE STATE. THANK YOU, MR. PRESIDENT. >>COUN. DAVIS: COUNCILORS, SEEING NO OTHER DISCUSSION. WE'LL ASK THE CLERK TO CALL THE ROLL ON THIS. >>COUN. BASSAN: NO. >>COUN. BENTON: NO. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: NO. >>COUN. JONES: NO. >>COUN. LEWIS: NO. >>COUN. PEÑA: NO. >>COUN. SANCHEZ: NO. >>COUN. DAVIS: YES. >> THAT FAILS ON A 2-7 VOTE. >>COUN. DAVIS: THANK YOU. FOLKS. WE WILL CALL YOU INTO ORDER. WE DON'T ALLOW DISRUPTIONS. YOU'RE WELCOME TO TAKE YOUR CONVERSATION OUTSIDE. YOU CAN'T GO OUT THAT WAY THE DOOR IS LOCKED. [ YELLING FROM THE AUDIENCE ]. >>COUN. DAVIS: COUNCILOR JONES. >>COUN. JONES: THANK YOU, MR. PRESIDENT. O-68 IS REPEALING AND PLACING THE INDEPENDENT HEARING OFFICE ORDINANCE AND PROVIING STANDARD PROSFOR ADMINISTRATIVE APPEAL. IT'S REL POOG THOSE NO LONGER IN EFFECT OR REPEALING AND REPLACING THE CONTRACTOR DEBARMENT ORDINANCE DESIGNAING THE ZONING HEARING EXAMINER AS THE REVIEW BODY FOR SOLAR RIGHTS HEARING AND RESIDING THE INTEGRATED DEVELOPMENT ORDINANCE. I WOULD LIKE TO MOVE A DO PASS AND I HAVE AN AMENDMENT. >>COUN. DAVIS: WE HAVE A MOTION. DO WE HAVE A SECOND? SEVERAL SECONDS. COUNCILOR, YOU HAVE AN AMENDMENT. >>COUN. JONES: MOVE AMENDMENT TO ASK CITY CLERK. MOVE AMENDMENT, CITY CLERK, WOULD YOU COME UP AND TELL US AND WE'LL MOVE THAT AMENDMENT. THANK YOU. >> THE AMENDMENT REGARDING PROVISION, WE HAVE JENNIFER BRANDLY FROM THE PROCUREMENT OFFICER. SHE'LL EXPLAIN IT BETTER THAN I CAN. THE AMENDMENT CLARIFIES THE PROVISIONS AROUND DEPARTMENT AND BROADENS IT SOMEWHAT. SO IT APPLIES TO ANYONE ESSENTIALLY APPLYING FOR PROCUREMENT WITH THE CITY. >> HI, EVERYONE. THE -- THIS IS A GREAT ORDINANCE. STREAMLINES SOME OF THE HEARING AND DEBARALITYMENT. WE WANT WE WANT TO MAKE TECHNICAL ADJUSTMENTS TO MAKE SURE IT APPLIES TO ANY CONTRACTOR NOT JUST ONES THAT RESPOND TO BUSINESS. AND A COUPLE MODIFICATIONS TO DEFINITIONS. >>COUN. JONES: THANK YOU, MR. PRESIDENT. I'D LIKE TO ASK FOR A DO PASS ON THE COMMITTEE SUBSTITUTE O-68. >>COUN. DAVIS: I THINK WE NEED A VOTE ON THE AMENDMENT. DID THE CLERK CATCH A SECOND? >>COUN. JONES: OKAY. >>COUN. DAVIS: DISCUSSION ON THE AMENDMENT. WE'LL ASK FOR THE VOTE. >>COUN. BASSAN: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> AMENDMENT PASSES UNANIMOUSLY. >>COUN. DAVIS: WE'RE BACK ON YOUR BILL. NOW AS SUBSTITUTED AND AMENDED. ANY OTHER QUESTIONS? GOING ONCE. COUNCILOR JONES TO CLOSE. >>COUN. JONES: I ASK YOUR SUPPORT. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: THANK YOU. NEXT UP IS O-75 BY REQUEST. IT'S AMENDING THE NUISANCE ABASEMENT DECEMBER ABATE BLFNG HAD ABATEMENT ORDINANCE. REVISED ORDINANCE THE CITY DEFINING PENALTIES. AND I'LL MOVE A DO PASS. SEVERAL SECONDS. I HEARD COUNCILOR FIEBELKORN FIRST. BEFORE WE GET TOO FAR INTO THIS, I THINK WE HAVE ONE AMENDMENT ON AND I DON'T WANT TO FORGET TO DO IT. NOPE. THAT'S FOR 78. I'M SORRY. THIS IS A MATTER THAT CAME FROM THE ADMINISTRATION AFTER SOME WORK ON A NUMBER OF NUISANCE PROPERTIES AND OTHER PIECES. THE COUNCIL MIGHT REMEMBER WE WENT AFTER CONVENIENCE STORES IN THE SOUTHEAST PART OF TOWN A FEW YEARS OF -- THAT ACCUMULATED A NUMBER OF FIRST RESPONDER CALLS. JUST TO SWIS THEIR ARM AND BRING THEM INTO COMPLIANCE AND BE BETTER NEIGHBORS. WE'VE SEEN THIS QUITE OFTEN ON PROPERTIES. THE ADMINISTRATION HAD ASKED US TO TAKE A NEW LOOK AT CONSOLIDATING THESE INCLUING THE HEARING PROCESS TO ALIGN HOW WE MANAGE THOSE. COUNCILOR JONES. ANYTHING FROM THE ADMINISTRATION? >> I'M GOING TO KEEP IT SHORT. THANK YOU FOR BRINGING THIS FORWARD. AND WE URGE YOUR SUPPORT. THANK YOU. >>COUN. DAVIS: ANY QUESTIONS? ANY COMMENTS? I HEAR SEVERAL NO. SEEING NO OTHER DISCUSSION. ALL THOSE IN FAVORER? PLEASE RESPOND WHEN THE CLERK CALLS YOUR NAME. SORRY, WE'VE DONE A HUNDRED VOTES. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: THANKS TO THE ADMINISTRATION FOR THEIR HELP. COUNCILOR BASSAN, COUNCILOR BENTON, COUNCILOR PEÑA. WE DO HAVE AN AMENDMENT. >>COUN. BASSAN: -- CONCURRENTLY IN DEFAULT. AMENDING CREAING A CODE PETTY MISDEMEANOR OFFENSE FOR PARKING A VEHICLE ON CITY STREETS WITH MULTIPLE AUTOMATED SPEED ENFORCEMENT FINES. AND AMENDING CHAPTER 8 ARTICLE ONE, ENABLING THE CITY TO MOBILIZE VEHICLES AFTER ONE OUTSTANDING PARKING VIOLATION PURSUANT TO SECTION 8-1-42 REPEAT. I MOVE A DO PASS. >>COUN. DAVIS: SECOND FROM COUNCILOR FIEBELKORN. >>COUN. BASSAN: I LIKE TO MOVE AMENDMENT ONE. AND INVITE THE ADMINISTRATION TO COME UP TO SPEAK. REGARDING IT. >>COUN. DAVIS: WE HAVE FLOOR AMENDMENT NUMBER ONE. I SEE A SECOND FROM COUNCILOR GROUT. GREAT. >> HI, THERE. I'M THE DEPUTY DIRECTOR FOR DMD. IS IT POSSIBLE THAT -- CAN YOU GET IT UP ON THE SCREEN? >>COUN. DAVIS: I THINK IT IS. OH. YEAH. >> THIS MIGHT HELP EXPLAIN THE PROCESS. WE PUT IT INTO A FLOW CHART. IT'S EASIER TO SEE IT VISHLY OF WHAT THE ORDINANCE PROPOSES. >>COUN. DAVIS: YOU MIGHT JUST HAVE TO TELL US. >> I THINK WE OUGHT TO DO THAT. IT'S THE TOP THERE. IT NOW HAS IT SO THAT AFTER THE FIRST VIOLATION THAT IS UNPAID, THERE'S A LETTER OF DEFAULT SENT OUT. AND THEN TO LET THEM KNOW THAT IF THERE'S A SECOND VIOLATION THAT GOES UNPAID IT WILL BECOME ILLEGAL TO PARK ON CITY STREETS OR CITY RIGHT-OF-WAY. IF THEY'RE FOUND PARKING ON THE CITY RIGHT-OF-WAY THEY GET A PARKING CITATION. IF THAT CITATION GOES INTO DEFAULT AT THAT TIME WE CAN BOOT THEM. >>COUN. DAVIS: WE'RE STILL TRYING TO LOOK AT THE COLORED BOXES. THANK YOU. ANY QUESTIONS FOR THE ADMINISTRATION BEFORE WE GO TO A VOTE? COUNCILOR SANCHEZ. WE'RE ON FLOOR AMENDMENT NUMBER ONE. >>COUN. SANCHEZ: YEAH, LOOKING AT THE WHOLE BILL IN GENERAL. I DON'T KNOW, DON'T WE HAVE PROGRAMS IN PLACE? ARPT WE ONE OF THE AREN'T WE ONE OF THE POOREST STATES IN THE NATION AND WE'RE GOING AFTER THE PARKING INDIVIDUALS. I JUST THINK WE SHOULD REALLY TAKE A LOOK AT THIS AND WE STILL HAVE CRIME ON THE STREETS. WE'RE LOW ON POLICE OFFICERS. YET WE'RE HITTING THE PEOPLE THAT WE KNOW PROBABLY HAVE A LITTLE BIT MONEY. NOT A LOT. BUT PROBABLY A LITTLE BIT. AND IN EFFECT, WE'RE ACTUALLY DIRECTING OUR RESOURCES IN THE WRONG PLACE. I THINK WE SHOULD DIRECT THE RESOURCES TO THE AMOUNT OF CRIME WE'RE DEALING WITH RIGHT NOW. WE HAVE HIGH SHOPLIFTING. WE SAW THE WAL-MART CLOSE. WE'RE LOW ON POLICE OFFICERS. YET, WE'RE FINING INDIVIDUALS WHO ARE PROBABLY LIVING IN SOME OF THE POORER AREAS OF THE CITY. I'M GOING TO SAY NO ON THIS. >>COUN. DAVIS: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I HOPE TO CHANGE YOUR MIND, COUNCILOR SANCHEZ. BUT, AT THE SAME TIME, WE PASSED THE AUTOMATED SPEED ENFORCEMENT. WE HAVE THE CAMERAS THAT ARE HELPING APD OFFICERS BECAUSE WE'RE LOW ON THE NUMBERS FOR SOME SPEEDING CITATIONS THROUGHOUT THE CITY WHICH IS A CHRONIC PROBLEMING. THIS IS MAKING IT A LITTLE BIT MORE STRICT, IF YOU ARE SPEEDING AND GET A CITATION FROM ONE OF THE CAMERAS, AND CORRECT ME IF I'M WRONG, BUT THIS ACTUALLY MAKES IT STRICT BECAUSE PEOPLE ARE ACTUALLY GETTING THE CITATIONS AND EITHER NOT DOING THE COMMUNITY SERVICE OR NOT PAYING THE FINES AND IT'S BECOMING A CHRONIC PROBLEM. THIS IS ESCALATING IT TO SAY THAT IF PEOPLE HAVE MULTIPLE CITATIONS OR AUTOMATED SPEED ENFORCEMENT FINES THEN EVENTUALLY IF THEY'RE CAUGHT PARKLING ON -- PARKING ON A STREET THE CITY CAN BOOT THEIR VEHICLE UNTIL THEY PAY THE FINE OR REMEDIATE THE PROBLEM. >>COUN. SANCHEZ: THANK YOU. MR. PRESIDENT, I JUST WANTED TO ALSO SAY JUST ANOTHER WAY OF CIRCUMVENTING THE POLICE. I THINK IT'S IMPORTANT WE MAKE SURE WE CONCENTRATE ON HIING POLICE OFFICERS SO WE CAN ACTUALLY HAVE A CRIMINAL PENALTY INSTEAD OF A CIVIL PENALTY. I THINK IT'S IMPORTANT WE ACTUALLY WORK ON, AS I SAID, AND BEEN SAYING, WE'RE LOW ON POLICE. OUR BOTTOM LINE IS WE NEED TO FIND WAYS TO GET MORE POLICE THROUGH THE DOORS HERE SO WE CAN ACTUALLY ENFORCE THE LAWS. IF YOU HAVE POLICE OFFICERS OUT THERE ENFORCING THE LAWS YOU WOULD ACTUALLY SEE INDIVIDUALS WHO HAVE WARRANTS, AND INDIVIDUALS WHO ARE INVOLVED IN DWIs WHO HAVE MISDEMEANOR OFFENSES PENDING. RIGHT NOW, I THINK IT'S A REALLY TOUGH SITUATION TO ACTUALLY GROW THIS RIGHT NOW. I'M NOT GOING TO SUPPORT IT. >>COUN. DAVIS: COUNCILOR SANCHEZ, ON THIS YOU AND I AGREE. I WAS THE ONLY ONE TO VOTE AGAINST SPEED CAMERAS FOR THAT EXACT REASON. I THINK WHEN YOU'RE COMMITTING A CRIME IT DOESN'T HELP TO GET A TICKET THREE WEEKS LATER. IT DOESN'T STOP YOU FROM SPEEDING FOR HOWEVER LONG THAT TAKES. TO THAT END I WANT THE SPONSORS IT TO HAVE THE BILLS. I'LL SUPPORT THE AMENDMENTS. BUT I DON'T BELIEVE THIS IS THE RIGHT APPROACH FOR THIS VIOLATION. IN THE MEANTIME, THE AMENDMENT ON THE FLOOR IS AMENDMENT NUMBER ONE. >>COUN. BASSAN: MR. PRESIDENT, I'M SORRY, I JUST WANT TO INCLUDE MY CO-SPONSORS AND COUNCILOR PEÑA AND COUNCILOR BENTON IN CASE THEY HAVE ANYTHING THEY WOULD LIKE TO ADD. >>COUN. DAVIS: ON THE AMENDMENT? >>COUN. BENTON: NOT ON THE AMENDMENT. >>COUN. DAVIS: COUNCILOR PEÑA, ANYTHING ON THE AMENDMENT NUMBER ONE AS CO-SPONSOR? >>COUN. PEÑA: NO. I'M GOOD. THANK YOU. >>COUN. DAVIS: TRYING TO GET US BACK ON. SEEING NO OTHER DISCUSSION FOR AMENDMENT NUMBER ONE WE'LL ASK THE CLERK TO CALL THE ROLL. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: I BELIEVE WE HAVE ONE MORE AMENDMENT? THIS IS MINE, I THINK. FLOOR AMENDMENT NUMBER TWO IS MINE. THIS RELATES TO THE SAME ISSUE WE'VE HAD IN SOME OF THE OTHER ISSUES WE'VE HAD. THIS CAME THROUGH THE COMMITTEE PROCESS AND WE RECOGNIZE THE NOTICES, LIKE SOME OF THE CITY NOTICE MAY NOT BE IN MULTIPLE LANGUAGES, TO AVOID THE CONFUSION WE'VE SEEN THIS ADDS LUMG THAT'S CONSISTENT WITH THE HEARING ORDINANCE TO MAKE SURE ORDINANCES ABOUT ADDITIONAL INFORMATION IS AVAILABLE IN MULTIPLE LANGUAGES. I MOVE FLOOR AMENDMENT NUMBER TWO. SECOND FROM COUNCILOR FIEBELKORN. ANY QUESTIONS OR DISCUSSION ON AMENDMENT NUMBER TWO? COUNCILOR BENTON. >>COUN. BENTON: JUST CURIOUS WHAT THE LANGUAGES ARE? >>COUN. DAVIS: SOMEBODY WILL TELL US FROM OFFICE OF EQUITY AND INCLUSION. I SEEM TO REMEMBER THAT VIETNAMESE, DINE, THERE'S ANOTHER ONE. I'M CERTAIN THAT THE OFFICE OF EQUITY AND INCLUSION WILL GET US THAT LIST. I. >>COUN. BENTON: I WAS CURIOUS. >>COUN. DAVIS: WE'LL ASK IF SHE CAN GET THAT BACK. ANY OTHER DISCUSSION? ON AMENDMENT NUMBER TWO. PLEASE CALL THAT VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> ASS UNANIMOUSLY >> PASSES UNANIMOUSLY. >>COUN. BASSAN: I HAVE ONE THING BEFORE WE GO TO THE OTHER QUESTIONS AND OTHER COUNCILORS. THIS IS -- CAN YOU CLARIFY THIS IS APD OR CODE ENFORCE SNMENTMENT . >>COUN. BASSAN: THAT WORK ON THE BOOTS FOR ANY CAS PARKED ON THE SIDE OF THE ROADS. >> COUNCILOR DAVIS, THIS WOULD BE PARKING ENFORCEMENT. THEY HAVE BOOTS. THEY HAVE LICENSE PLATE READERS. THEY HAVE THE RESOURCES OUT THERE EVERY DAY BOOTING FOR PARKING OFFENSES. THEY WOULD BE THE THE ONES SUPPORTING THIS EFFORT. >>COUN. DAVIS: OTHER QUESTIONS? ANYTHING ELSE FROM THE ADMINISTRATION? >> I WANT TO SAY THANK YOU TO THE SPONSORS. THANK YOU TO COUNCILOR PEÑA, COUNCILOR BASSAN. AND COUNCILOR BENTON. FOR HELPING US FOR THIS. >>COUN. DAVIS: SEEING NO OTHER DISCUSSION. DID YOU WANT TO CLOSE? >>COUN. BENTON: IT'S LATE. PEOPLE NEED TO NOT SPEED. PEOPLE NEED TO PAY THEIR SPEEDING TICKETS. URGE YOUR SUPPORT. >>COUN. DAVIS: COUNCILOR PEÑA, ANY CLOSING THOUGHTS? >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. IT'S BEEN LONG NIGHT. I JUST WANT TO THANK FELLOW SPONSORS. THERE WERE OTHER SPONSORS. IT'S BEEN A LOT OF WORK AND TIME. I KNOW THAT THE LIGHT -- THE SPEEDING CAMERAS ARE MAKING A BIG DIFFERENCE. UNFORTUNATELY, WE REALLY TRIED TO DO THIS WITHOUT HAVING ANY OF THE FEES ASSOCIATED WITH IT. BUT NOW THAT SOME PEOPLE HAVE NOT RESPONDED, YOU KNOW, IT'S JUST IMPORTANT WE MAKE SURE THAT WE DO THIS AND DO IT RIGHT. THANK YOU. >>COUN. DAVIS: SEEING NO DISCUSSION. PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES BHCH . >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: NO. >>COUN. DAVIS: NO. >> THAT PASSES 7-2. >>COUN. DAVIS: THANK YOU, MA'AM. COUNCILORS, BEFORE YOU COME UP, WE HAVE THREE BILLS IN TEN MINUTES. I'M GOING TO MAKE A MOTION TO EXTEND THE MEETING UNTIL 11 P.M. THERE'S A SECOND. ANY DISCUSSION? SEEING NONE. PLEASE CALL THE VOTE. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: THANK YOU. COUNCILOR PEÑA AND COUNCILOR BASSAN. 0-81. >>COUN. BASSAN: GO AHEAD, COUNCILOR. >>COUN. PEÑA: PLEASE GO AHEAD. >>COUN. BASSAN: YES. MR. PRESIDENT, THIS IS AMENDING THE CAPITAL IMPROVEMENT PROGRAMS TO FORMALIZE A 6% SET ASIDE. AND I MOVE A DO PASS. >>COUN. GROUT: SECOND. >>COUN. BASSAN: MR. PRESIDENT, WE HAVE AN AMENDMENT IN YOUR iPAD. I'D LIKE TO MOVE AMENDMENT NUMBER ONE. THIS CHANGES IT FROM A SET RATE OF 6% TO AN ACTUAL DOLLAR AMOUNT. FOR THE NEXT THREE BOND CYCLES. >>COUN. JONES: SECOND. >>COUN. DAVIS: MOTION AND SECOND. >>COUN. DAVIS: ANY DISCUSSION ON THIS AMENDMENT? SEEING NONE. PLEASE CALL THE ROLL. >>COUN. BASSAN: COUNCILOR PEÑA, DID YOU WANT TO ADD ANYTHING? >>COUN. PEÑA: MR. PRESIDENT, COUNCILOR BASSAN, NO. IT WAS PERFECT. IF THIS AMENDMENT PASSES WE'RE GOING TO HAVE TO DEFER BECAUSE IT CHANGES THE TITLE. >>COUN. DAVIS: THATSZ RIGHT. >>COUN. DAVIS: THAT'S RIGHT. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PAZES UNANIMOUSLY. >>COUN. BASSAN: I CHANGE MY MOTION TO DEFERRAL FOR TWO WEEKS. >>COUN. DAVIS: MOTION IS FOR THE DEFERRAL UNTIL THE MAY 15th MEETING. >>COUN. BASSAN: I CHANGE MY MIND. I MOVE A DEFERRAL FOR FOUR WEEKS. >>COUN. DAVIS: I SAW YOU CHANGE YOUR MIND. WHATEVER FOUR WEEKS IS. >> THAT WOULD BE JUNE 5th. >>COUN. DAVIS: GREAT. THAT IS HAD THE MOTION. ALL THOSE IN FAVOR PLEASE RESPOND. >>COUN. BASSAN: YES. >>COUN. BENTON: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> THAT PASSES UNANIMOUSLY. >>COUN. DAVIS: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. THIS IS R-92 APPROVING THE MENAUL REDEVELOPMENT PLAN. MOVE DO PASS. >>COUN. BENTON: SECOND. >>COUN. FIEBELKORN: I BELIEVE WE HAVE MS. FISMAN TO GIVE A SHORT OVERVIEW OF THIS PLAN. >>COUN. DAVIS: YEAH. THERE WE GO. AND WE HAVE TWO SPEAKERS. >> GOOD EVENING, MR. PRESIDENT, COUNCILORS, I'M WITH CITY COUNCIL SERVICES. I'M VERY EXCITED TO BE BEFORE YOU THIS EVENING. WITH THE MENAUL MRA PLAN. THIS IS A PROJECT IN THIRD AND FINAL PHASE OF THE LARGER PROJECT. I KNOW IT'S QUITE LATE AT NIGHT. WITH THAT, I'M GOING TO HAND OVER TO JACKIE TO DO A QUICK OVERVIEW OF CONTENTS TO THE PLAN AND WE'LL BE READY TO ANSWER ANY QUESTIONS. I BELIEVE WE HAVE A COUPLE FOLKS SIGNED UP TO SPEAK TO THE BILL. >>COUN. DAVIS: WE DO. SO, THERE WE GO. MS. MORRIS -- MS. FISHMAN. I'M SORRY. >> THANK YOU, COUNCILORS. MR. PRESIDENT, THIS IS JACKIE FISHMAN, IT'S BEEN A REAL PLEASURE TO WORK ON THIS PROJECT FOR THE LAST TWO YEARS. LIKE EVERYONE ELSE I CAN'T WAIT SEE A REVERSE IN THE DOWNWARD TREND IN THIS END OF MID-TOWN ALBUQUERQUE. ADLUPZ I'D LIKE TO THANK COUNCILOR GROUT FOR HAVING THE VISION TO TAKE ON THIS PROJECT. AND COUNCILOR FIEBELKORN FOR CONTINUING THE EFFORT TO BRING THE PROJECT HERE BEFORE YOU ALL TODAY. PETRA HAS BEEN GREAT TO WORK WITH AS WELL AS OTHER STAFF FROM THE MR AGENCY, PLANNING DEPARTMENT, FAMILY AND COMMUNITY SERVICES, APD AND COMMUNITY SPAING DEPARTMENT, TRANSIT, SOLID WASTE, ENVIRONMENTAL HEALTH, DMD, AND OF COURSE THE BUSINESS OWNERS THAT HAVE COME TO ALL OF THE MEETINGS. EVERYBODY TIME ON THIS PROJECT HAS BEEN VERY MUCH APPRECIATED. NEXT SLIDE PLEASE. AS WAS MENTIONED, THIS IS A THREE PHASE PROJECT. PHASE ONE STUDY COVERED A LARGER AREA FOUNDED BY CANDELARIA TO THE NORTH, I-40 TO THE SOUTH, SAN MATEO TO THE EAST. PHASE ONE REPORTED THAT A SUB-AREA BE DESIGNATED AS AN M RRBG. AN REPORT WAS APPROVED IN NOVEMBER 2021. PHASE TWO INVOLVED CREAING A DESIGNATION REPORT FOR THE MR AREA. THAT TOO WAS APPROVED BY CITY COUNCIL IN APRIL OF 2022. PHASE THREE IS WHERE WE ARE AT RIGHT NOW. IT INVOLVES CREAING THE MR AREA PLANNED RECOMMENDED FOR APPROVAL IN FEBRUARY AND BY LUPZ A FEW WEEKS AGO. THIS SLIDE TIMPLY SHOWS OUR PROJECT AREA FOR THE MR FROM I-40 ON THE SOUTH TO PHOENIX ON THE NORTH, I-25 ON THE WEST AND NORTH DIVERSION CHANNEL ON THE EAST. GO AHEAD. THIS IS OUR MISSION STATEMENT. WE DEVELOPED THIS AS WELL AS SUPPORTING GOALS FOR THE PLAN WHICH IS TO BRING BACK VIBRANCY AND VITALITY THAT THE MID-TOWN DISTRICT HAD WITH HOTELS AND RETAIL AND SERVICES AND RESTAURANT AND MULTI-MODAL TRANSPORTATION AND FOR THE FIRST TIME MULTI-FAMILY RESIDENTIAL. THE MR PLAN HAS FIVE CHAPTERS. IT INCLUDES THE EXECUTIVE SUMMARY AREA PROFILE, BUSINESS PROFILE, REPUBLICANEDATIONS AND AN AND PROJECTP FINANING AND FUNDING. ACTION PLAN INCLUDES A LIST OF 22 ACTIONS. THEY'RE DIVIDED INTO THREE CATEGORIES INCLUDING FIVE OPPORTUNITIES/REDEVELOPMENT PROJECTS. 11 INFRASTRUCTURE AND TRANSPORTATION PROJECTS AND SIX SUPPORT ACTIONS. I'M GOING TO TRY TO GO THROUGH THESE QUICKLY. I KNOW IT'S LATE. THIS SLIDE THAT YOU SEE RIGHT NOW IS OPPORTUNITIES SITE ONE. I KNOW THERE'S OTHERS THAT WANT TO TALK ABOUT THIS PROJECT AS WELL TONIGHT. THIS IS AN APPROXIMATELY JUST UNDER NINE ACRES. IT'S ONE OF THE LARGEST PROPERTIES IN THE MR AREA. IT'S UNDER SINGLE OWNERSHIP. THE OWNER HAS LOST OF PLANS LOTS OF PLANS THAT REVITALIZE THE AREA, INCLUING RETAIL, BIKE UP COFFEE WRARB BIKE STORE, MULTI-FAMILY HOUSING YUNALITYS. KEEP GOING. THIS NEXT OPPORTUNITY, IT'S ABOUT SIX PARCELS. IT INCLUDES THE INFAMOUS HUT AT UNIVERSITY AND MENAUL. AND VACANT BUILDINGS, SURFACE PARKING, AND THIS PROPERTY IS ZONED NRLM. AND WE'VE CALLED FOR POTENTIALLY REZONE TO THIS PROPERTY TO ALLOW TO ALLOW FLEXIBILITY. NEXT SITE, OPPORTUNITY SITE THREE IS THREE SEPARATE RESTAURANT PROPERTIES. OLD RESTAURANT PROPERTIES. THE VILLAGE INM, AND THE RANGE CAFE. RELATIVELY SMALL. THE ONE YOU'RE SEEING IS THE FORMER VILLAGE INN. IT'S ON THE NORTH SIDE OF MENAUL. RIPE FOR REDEVELOPMENT. THIS IS THE FORMER LITTLE ANITA'S AT THE CORNER OF UNIVERSITY AND MENAUL. IT'S BEEN VACANT FOR A LONG TIME. YOU KNOW, ZONED NRC. THAT'S A GOOD THING. RIPE FOR REDEVELOPMENT. THE LAST SITE IS THE FORMER RANGE CAFE. IT'S ALSO ZONED NRC. IT ATTRACTS NEGATIVE ACTIVITY LIKE FORMER RESTAURANTS. THE SOUTH SIDE OF MENAUL. IT'S SURROUNDED BY AN EXTENDED STAY MOTEL WHICH WE IDENTIFIED BOTH SITES HAVE APPROPRIATE FOR REDEVELOPMENT AS ONE MIXED PIECE PROJECT. OKAY. HOTEL AND MOTEL CONVERSIONS. WE TALK A LOT ABOUT THIS IN THE PLAN. WE CALL FOR IT AS AN IMPLEMENTATION ACTION TO SHOW SEVERAL DIFFERENT CONVERSIONS THAT HAVE HAPPENED AROUND THE CITY. IN THE LAST SEVERAL YEARS. MOST OF THE HOTEL PROPERTIES ARE NOT ZONE CORRECTLY. IF ANY OF THESE WERE SLATED FOR CONVERSION WE NEED TO HAVE THE ZONE CHANGE. THIS SLIDE SIMPLY SHOWS THE NUMBER OF MOTEL AND HOTEL ROOMS IN THE SMALL MR AREA. OVER 1500 WHICH IS PRETTY AMAZING. THE CROWN PLAZA AND HOTELS TOGETHER ARE 450 ROOMS. THEY'RE THE LARGEST HOTEL COMPLEX IN ALBUQUERQUE. GO AHEAD. INCREASING PUBLIC SAFETY IS A BIG PART OF THE PLAN. CRIME IS A HUGE CONCERN IN THE MR AREA. AND IT CONTINUES TO ENCOURAGE DISINVESTMENT BY BUSINESSES. WE HAVE A LOT OF DIFFERENT SUPPORT ACTIONS. I HAVE THOSE ON THE SCREEN. I WON'T READ THROUGH THEM. WE'VE BEEN IN DISCUSSIONS WITH ACS AND APD AND TRANSIT ABOUT ALL THE VARIOUS ROLES THAT EACH AGENCY COULD PLAY IN THEM. WE ALSO CALL FOR RECOMMENDATION FOR STREET LIGHTING IMPROVEMENTS. BASED ON SAFETY CONCERNS THAT WE'VE HEARD FOR THE LAST TWO YEARS AND WE ALSO DID AN INFORMAL LIGHTING SURVEY. NEXT. MENAUL IS A HIGH-SPEED CORRIDOR. IT'S GOT SIX LANES. CENTER TURN LANE. SIDEWALKS AND CURBS. AND 45 MILE AN HOUR SPEED LIMIT. WE CALL FOR A TRAFFIC STUDY THAT EXAMINES TRAFFIC FLOW AND LOOKS AT WAYS TO CALM TRAFFIC THROUGH THERE. WE ALSO HAVE TWO MAJOR TRAIL CORRIDORS IN THE PLAN AREA. ONE IS THE NORTH DIVERSION CHANNEL AND THE OTHER. THESE ARE MAJOR ASSETS AND PROVIDE REALLY GREAT PLACE MAKING AND LIGHTING AND DESIGN OPPORTUNITIES. WE'VE CALLED FOR CONTINUING TO WORK WITH AMAFCA AND TRAIL LIGHTING AND PARKS AND REC ON TRAIL SPONSORSHIPS. WE ALSO IDENTIFY SEVERAL ACTIONS TO ADDRESS TRANSIT ISSUES AND ONGOING EFFORTS WITH CITY TRANSIT. THE PLAN ALSO CALL FOR WORKING WITH NMDOT ON IMPROVING LANDSCAPING ALONG THE TWO INTERSTATE EDGES. ONE BEING ON THE EAST SIDE OF I-25 EAST FRONTAGE ROAD. AND THE OTHER ON THE NORTH SIDE OF I-40 FROM EXIT 159 TO UNIVERSITY BOULEVARD. NEXT, WE CALL FOR IMPROVING BUILDING, SIDEWALKS, RAM RAMPSES AND PARKING LOTS. THEY CONTINUE TO SHOW SIGNS OF DISTRESS AND BLIGHT. ONE OF THE THINGS WE DISCOVERED IN THE PLANNING PROCESS IS THERE'S TWO LANDFILLS IN THE PLANNED AREA. AND THE MR PLAN PROVIDES RECOMMENDATION ON HOW TO ADDRESS THE LANDFILLS TO MAKE SURE THEY DON'T BECOME A CONSTRAINT TO REDEVELOPMENT. NEXT, WE -- THE PLAN RECOGNIZES THE DOMINATION AND ZONING OF WITH NRLM AND NR-C ZONING. WE'VE TALKED ABOUT HAVING ZONE CHANGES NEEDED TO DIVERSIFY THE ZONING. WE ALSO LATE IN THE PROCESS CAME OUT OF ADC CALL FOR EVALUATION OF MENUL THAT WOULD BE A COMPREHENSIVE PLAN. NEXT, WE CALL FOR THE CREATION OF A DOG PARK WITH ELECTRIC VEHICLE STATIONS. THIS IS ON LAND THAT IS OWNED BY APPLEBEE'S. THEY BROUGHT THIS RECOMMENDATION TO US. WE THOUGHT IT WAS A GOOD IDEA. THIS COULD SERVE HOTELS IN THE AREA, TRAIL USERS, AND WORKERS IN THE AREA. NEXT, THE PLAN RECOMMENDS ADDRESSING THE EMPTY SIGNS ALONG THE CORRIDOR. THERE'S LOT OF THEM. THE CITY WAS APPROACHED BY THE FRIENDS OF THE ORPHANED SIGNED GROUP REGARDING PUBLIC ART TO THE EMPTY STRUCTURES. WE THOUGHT THAT WAS A GOOD IDEA. THAT'S IDENTIFIED. ONE OF THE SUPPORT WE IDENTIFIED IS TO HAVE THE COUNCIL SERVICES OR ECONOMIC DEVELOPMENT TO CONTINUE DIALOGUING WITH EXISTING BUSINESS OWNERS OVER THEIR CONCERNS AND MAKE IT BE KNOWN THAT THE CITY IS CONCERNED WITH THE PROBLEMS THEY'RE HAVING IN THE AREA. NEXT. ANOTHER SUPPORT ACTION IS TO CREATE A SMALL VISITOR CENTER. THAT WOULD BE AN INITIATIVE FROM THE PRIVATE SECTOR. THAT CAME FROM THE GENERAL MANAGER OF THE CROWN PLAZA WHO WILL BE HERE TONIGHT TO SPEAK. WE'VE REALLY TRIED TO HAVE A COMPREHENSIVE LIST IN THE PLAN. THIS IS THE LAST SLIDE. JUST CONTINUES THE SAME KIND OF LISTING. WITH THAT, COUNCILORS, I URGE YOUR SUPPORT. WE APPRECIATE THE PROCESS. AND I STAND READY FOR ANY QUESTIONS YOU MAY HAVE. >>COUN. DAVIS: THANK YOU. MS. MORRIS. COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I JUST WANT TO THANK COUNCILOR GROUT FOR STARTING THIS PROCESS NEARLY TWO YEARS AGO. AND MS. MORRIS AND MS. FISHMAN FOR ALL THE WORK THEY'VE DONE. AND THE MANY, MANY PEOPLE WHO ARE BUSINESS OWNERS AND OTHER FOLKS THAT LIVE IN THE AREA PARTICIPATED IN A TWO-YEAR LONG PROCESS. I'M HONORED TO COME AT THE END AND PUSH IT ACROSS THE FINISH LINE AND SUPPORT THE GREAT WORK THESE FOLKS HAVE BEEN DOING. >>COUN. DAVIS: WE HAVE A COUPLE COMMENTERS. COUNCILOR, IF THAT'S OKAY. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS JOANY JONES, FOLLOWED BY RONALD. >> HELLO. >> WE CAN HEAR YOU. >> THANK YOU. THANK YOU, COUNCIL PRESIDENT, COUNCILORS. GOOD EVENING. MY NAME IS JOANY JONES, I'M THE GENERAL MANAGER OF THE CROWN PLAZA HOTEL. MY FIRST EMPLOYMENT ENCOUNTER BEGAN IN 1993 WHEN IT WAS KNOWN AS THE HILTEN ALBUQUERQUE. DURING THAT TIME I WAS THE DIRECTOR OF SALES AND MARKETING. MY HOTEL COMPLEX HAS 450 GUEST ROOMS. WE SIT ON 14 ACRES OF LAND. WE HAVE THE LARGEST HOTEL IN THE CITY. AT THE THE TIME INNEIGHBORHOOD WAS TOURISM FORWARD. WITH RESTAURANTS, SAFE BUS STOPS FOR GUESTS TO RIDE UP AND DOWN, TOURISM SPOTS, AND GUESTS STAYING AT OTHER HOTELS WOULD WALK TO OUR HOTEL TO ENJOY OUR FOOD AND BEVERAGE AND NIGHTLIFE. AS WELL AS MANY LOCAL PEOPLE. THERE ARE MORE THAN 1500 HOTEL GUEST ROOMS IN THE MRA. REPRESENTING 17% OF THE HOTEL ROOMS IN ALBUQUERQUE. TOURISM IS THE CITY'S SECOND LARGEST INDUSTRY. TOURISM AND HOSPITALITY IS THE SIGNIFICANT CONTRIBUTOR TO ALBUQUERQUE'S ECONOMY. OVER SIX MILLION PEOPLE VISIT ALBUQUERQUE IN A YEAR. VISITORS SPEND $2.2 BILLION IN ALBUQUERQUE AND 45,000 PEOPLE IN BERNALILLO COUNTY WORK IN THE HOSPITALITY INDUSTRY. LET'S BRING BACK THE HEART OF THE CITY AND BECOME GUEST CENTRIC. LIKE THE GOOD OLD DAYS. IT'S OUR HOPE THAT THE COUNCIL SUPPORTS THE R-22-92 LEGISLATION. THANK YOU SO MUCH FOR YOUR TIME. >> RONALD. >> THANK YOU, MR. CHAIR. I AM LIFELONG RESIDENT OF ALBUQUERQUE. I WATCH THIS AREA RISE AND FALL. I'M HERE TONIGHT REPRESENTING PETER WHO OWNS THE OPPORTUNITY ONE SITE THAT JACKIE FISHMAN PRESENTED. IT'S ABOUT NINE ACRES. WHAT'S IMPORTANT ABOUT THE MRA IS THAT IS ONE OF THE SITES THAT HAS THE LANDFILL UNDERNEATH IT. WE HAVE FINISHED OUR PHASE ONE ON THAT LANDFILL. WE'RE NOW ACTUALLY STARTING THE CHARACTERIZATION AND IDENTIFICATION OF WHAT IS IN THE LANDFILL TO QUANTIFY IT. WHICH WOULD BE THE VERY FIRST STEP TOWARD REDEVELOPMENT. THERE'S PLANS FOR A MULTI-FAMILY -- AFFORDABLE HOUSING. THANK YOU VERY MUCH FOR THE SPIRITED CONVERSATION TODAY. BUT HE ALSO HAS MIXED COMMERCIAL IN THIS AREA AND GOING TO TAKE ADVANTAGE OF THE BIKE TRAIL. I USE THE BIKE TRAIL ON A WEEKLY BASIS. I GO BY THIS AREA QUITE OFTEN. WE THINK THIS IS A VERY IMPORTANT TO REVITALIZE THE CENTRAL CORE OF ALBUQUERQUE. WE URGE YOUR SUPPORT. THANK YOU VERY MUCH. >> THAT CONCLUDES COMMENT. >>COUN. DAVIS: THANK YOU. COUNCILOR, ANYTHING ELSE? SEEING NOR DISCUSSION. PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >>COUN. FIEBELKORN: YES. >>COUN. GROUT: YES. >>COUN. JONES: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: YES. >> PASSES UNANIMOUSLY. >>COUN. DAVIS: LAST ITEM. COUNCILOR LEWIS. R-128. >>COUN. LEWIS: MR. PRESIDENT, I MOVE R-123. IT'S ONLY A FEW PARAGRAPHS. LET ME READ IT. IT'S LESS THAN A PAGE. THIS IS DECLARED POSITION ON ALBUQUERQUE BERNALILLO COUNTY AIR QUALITY BOARD. WHEREAS ALBUQUERQUE BERNALILLO COUNTY AIR QUALITY CONTROL BOARD ESTABLISHED PROCESS TO CONSIDER CITIZEN INITIATIVE RULE MAKING PETITION OF 2023. THIS POSITION CAN CARRY SIGNIFICANT CONSEQUENCE FOR THE COMMUNITY. NOT ONLY IN TERMS OF PROPOTE MEETING AIR QUALITY AND IMPACTS AND ENFORCEMENT OF AIR QUALITY RULES AND THE PERMITLING -- PERMITTING PROCESS. DID NOT PROCEED THROUGH PRE-PETITIONED PROCESS PRIOR TO THE SUBMISSION AND ACCEPTANCE OFFENSE BOARD. PRE- PETITION PROVIDE PUBLIC COMMENT TO PUBLIC LISTENING SESSIONS AND GATHERING OF WRITTEN COMMENTS. THE PETITION INCLUING UNPRECEDENTED MANDATORY DENIALS OF AIR QUALITY PERMITS UNDER CIRCUMSTANCES THAT DO NOT APPEAR CLEARLY DEFINED. IT COULD RESULT IN HARM TO THE CITY AND REGION. WHEREAS THE CITY'S AIR QUALITY PROGRAM IS UNCLEAR, AND HOW IT FITS WITH THE PERMITTING RULES AND THE PROCESS THAT HAS AMBIGUITY. BE IT RESOLVED BY THE GOVERNING BODY THAT THE CITY DECLARES THE PETITION TO BE HARMFUL TO THE WELFARE OF THE CITY DO TO LACK OF STAKEHOLDER ININVOLVEMENT THAT WENT INTO THE SUBMISSION. AND DO THE IMPACTS OF AIR QUALITY IMPACTS. I AGREE WITH -- WHETHER YOU AGREE WITH THAT OR NOT. IT'S THE STATEMENT BY THE COUNCIL OF FOLLOWING SOME PROCEDURES THAT THE AIR QUALITY, THE FEDERAL AIR QUALITY, ACTUALLY RECOMMENDS. AND IN COMMENTS I CAN READ THAT TO YOU LATER. IT'S ACTUALLY IN THE STAFF WRITE UP. LET ME MENTION THAT. THE AIR BOARD RULE MAKING GUIDEBOOK EXPLAINS PERSONS PROPOING THEIR OWN ROOLS MAY WISH TO CONSIDER THE FOLLOWING. TAKE A NUMBER OF STEPS PRIOR TO PROPOING NEW REGULATIONS TO AN AUTHORITY. THESE STEPS REQUIRE MONTHS OF YEARS TO COMPLETE. THEY INCLUDE OBTAINING ACCESS TO TECHNICAL AND LEGAL EXPERTISE, PERFORMING NECESSARY TECHNICAL AND LEGAL RESEARCH, WRITING A DRAFT PROPOSAL REGULATION, SENDING THE DRAFT TO AFFECTED STAKEHOLDERS FOR COMMENT AND REVISING THE DRAFT PACED ON STAKEHOLDER COMMENT. I WON'T READ ALL OF IT. THE RECOMMENDATION OF THE AIR BOARD'S OWN RULE MAKING GUIDEBOOK ENCOURAGING THEM TO TAKE A GOOD LONG TIME. A LOT OF STAKEHOLDERS INVOLVED IN THIS. A LONG PROCESS FOR IMPLEMENTING SUCH A RULE SUCH AS THIS. IT'S CLEAR WITH THE TIMELINE WITH THIS, THAT MAY NOT BE THE CASE. THIS GIVES US THE OPPORTUNITY TO MAKE A STATEMENT. WE HAVE FOLKS TO SPEAK ON THIS TONIGHT. >> OUR FIRST SPEAKER IS ROBERT FOLLOWED BY DAVID. >> GOOD EVENING, MR. PRESIDENT. COUNCIL MEMBERS. I AM THE PRESIDENT OF ALBUQUERQUE ASPHALT. WE'RE A LOCAL ASPHALT PAVER. IN THE CITY STREETS AND HIGHWAYS. SO, I WANTED TO VOICE MY OPPOSEAL OF THE REGULATIONS BEFORE THE AIR QUALITY BOARD. THE PURPOSE OF BRINGING THIS TO YOU, YOU'RE THE CITY COUNCIL. THIS PROPOSAL HAS A LOT OF RIPPLE EFFECTS. IT'S GOING TO EFFECT NOT ONLY MY PERMITS ON TECHNICAL REVISIONS, NEW PERMITS FOR OTHER BUSINESSES, IT'S GOING TO IMPACT INDUSTRIAL AND COMMERCIAL PROPERTY VALUES. IT'S GOING TO EFFECT ZONING, LONG-TERM LAND USE. IT'S GOING TO AFFECT ECONOMIC DEVELOPMENT. I WANT TO CALL YOU BACK TO THE FIRST PRESENTATION TONIGHT. THERE WAS A CHART. IF YOU AS THE CITY COUNCIL LOOK AT THIS CHART, I MEAN, YAUR THE CITY COUNCIL. IF THAT DOESN'T SCARE THE HECK OUT OF YOU, I DON'T KNOW WHAT DOES. THIS THING WAS NOT PLANNED OUT. THEY HAVE NO INPUT FROM INDUSTRY. NONE. AND IT'S GOT LOTS OF RIPPLE EFFECTS. AND WE NEED TO SLOW THIS THING DOWN. AND GET INPUT FROM OTHER PERMIT HOLDERS. PEOPLE THAT HAVE INVESTED MILLIONS OF DOLLARS IN LAND. IT'S ZONED A CERTAIN WAY. >>COUN. DAVIS: THANK YOU, SIR. >> DIVED FOLLOWED BY ROBERT. >> COUNCIL PRESIDENT, COUNCIL MEMBERS, I'M WITH MOUNTAIN STATE CONSTRUCTORS. I'M IN FULL SUPPORT OF THIS REGULATION. I FEEL IT'S EXTREMELY IMPORTANT FOR THE FUTURE OF ALBUQUERQUE AND BERNALILLO COUNTY THAT THE COUNCIL MEMBERS UNANIMOUSLY APPROVE THIS REGULATION. COMMENTS WERE MADE EARIER THAT ALL AFFECTED STAKEHOLDERS WERE AFFORD THE OPPORTUNITY TO PARTICIPATE IN THE DESIGN OF REGULATION, THAT'S NOT TRUE. WE HAVE BEEN A PERMIT HOLDER FOR PROBABLY 30 YEARS IN ALBUQUERQUE AND WE WERE NOT CONTACTED WHEN THIS REGULATION WAS PUT INTO EFFECT. WE'RE IN AGREEMENT THAT THINGS NEED TO BE LOOKED AT BUT AT LEAST WE NEED TO BE AFFORDED THE OPPORTUNITY TO HAVE OUR INPUT. THAT WAS NOT -- THAT NEVER HAPPENED. IN FACT, I WOULD SAY THE MAJORITY OF THE STAKEHOLDERS WERE NEVER CONTACTED WHEN THIS REGULATION WAS PROPOSED. THEREFORE, I ASK THAT THE FULL COUNCIL APPROVE THIS REGULATION. THANK YOU. >> ROBERT FOLLOWED BY JIM. >> GOOD EVENING, COUNCIL MEMBERS. PRESIDENT, I'M HERE, I'M HERE AND I'M OWNER OF BLACK ROCK SERVICES WHICH IS A COMMERCIAL AGGREGATE ASPHALT PRODUCER. I AM IN SUPPORT OF RESOLUTION R-23-128. YOU KNOW, THE PROCESS OF OBTAINING AN AIR QUALITY PERMIT IS INCREDIBLY EXPENSIVE. I HAVE RECENTLY OBTAINED A NEW PERMIT, IT WAS A TWO-YEAR PROCESS. IT REQUIRES -- AS YOU HEARD EARLIER, IT PROVIDED A PRESENTATION. AND IT'S HIGHLY TECHNICAL. AND OPERATORS AND OWNERS OF THE AIR QUALITY PERMITS ARE PIVOTAL TO OUR INDUSTRY. THEY'RE PIVOTAL TO THE SURVIVAL OF THE ORGANIZATIONS. IF YOU LOOK AT THIS SIMPLE CHART THAT THEY PUT ON, IF THE PROPOSED REGULATION IS ACTUALLY APPROVED AS WRITTEN, WE WILL SEE A PERCENT DECREASE OF 83.2% OF COMMERCIAL INDUSTRIAL ZONING PROPERTIES. WHY DO YOU CARE? THE ESTABLISHED -- RULE MAKING PROCESSES WERE NOT FOLLOWED. STAKEHOLDERS WERE NOT NOTIFIED UNTIL AFTER AIR QUALITY BOARD VOTED TO SAECHT AND HOLD A HEARING REGARDING THE PROPOSAL REGULATION. BUSINESSES CANNOT UPERATE UNDER THE PROPOSAL REGULATIONS. NEW BUSINESSES CANNOT COME INTO THE ECONOMY THAT UTILIZE AIR QUALITY PERMITS TO INCLUDE SANDIA, KIRTLAND AIR FORCE BASE, IT WILL AFFECT HOSPITALS AND NUMEROUS INDUSTRIES THAT RELY UPON AIR QUALITY PERMITS. IT LEADS TO LOSS OF TAXABLE REVENUE, IT CREATES LACK OF COMPETITION. WHICH DRIVES UP ALL COSTS THAT ULTIMATELY COST THE WORKING NUCLEAR WEAPON >> JIM FOLLOWED BY ANTOINETTE. >> I AM THE EXECUTIVE DIRECTOR OF THE ASSOCIATED CONTRACTOR'S OF NEW MEXICO. I REPRESENT THE HEAVY HIGHWAY CIVIL CONTRACTARDS THAT BUILD HIGHWAYS IN NEW MEXICO. THE REGULATIONS ARE LIKELY TO PROHIBIT NEW OR MODIFIED FACILITIES IN ALL OF BERNALILLO COUNTY. ANY FOR HIBITION OF WILL SURELY HAVE A SUBSTANTIAL NEGATIVE IMPACT ON INDUSTRIAL PROPERTY VALUES AND DIRECT ECONOMIC IMPACT. THE PROPOSED REGULATIONS WILL HAVE A DEFINITIVE IN PACT ON SCHOOLS, HOSPITALS, SMALL BUSINESSES AND THE ENTIRE HOSPITALITY COMMUNITY. THE AIR QUALITY PROPOSAL HAS NO STAKEHOLDER INVOLVEMENT IN THE PROCESS. THE PERMIT DENIALS WERE UNCLEAR. AND THE RULES ARE GUS AND MAY BE UNENFORCEABLE. WE SUPPORTED THIS RESOLUTION WITH COUNCILOR LEWIS BECAUSE WE THINK IT'S THE RIGHT THING TO DO. ASK CITY COUNCIL TO PUT EYES ON THIS. WITH THAT, MR. PRESIDENT, CITY COUNCIL, I ASK YOU TO SUPPORT THE PETITION BEFORE YOU. I THANK YOU FOR ALLOWING US TO SPEAK. >> ANTOINETTE FOLLOWED BY XAVIER. >> GOOD EVENING. I AM THE ATTORNEY FOR THE CITY OF ALBUQUERQUE BERNALILLO COUNTY AIR QUALITY CONTROL BOARD. THE CHAIR OF THE BOARD HAS ASKED TEA MOO TO SPEAK ABOUT THE AND WHY IT WAS NOT A GOOD IDEA FOR THE CITY COUNCIL TO WEIGH IN ON THE PENDING -- THE BOARD WAS CREATED BY STATE LAW WHICH DELEGATES RULE MAKING AUTHORITY TO THE BOARD TO REGGINGULATE THONL AIR QUALITY BASED ON FEDERAL AND STATE STANDARDS. THE STATE ENVIRONMENTAL IMPROVEMENT BOARD HAS NO AUTHORITY TO REGULATE AIR QUALITY IN BERNALILLO COUNTY. WHILE THE MAYOR, THE COUNCIL, AND COUNTY COMMISSION APPOINT MEMBERS OF THE BOARD, THEY HAVE NO OVERSIGHT AUTHORITY OVER THE BOARD. THE AIR QUALITY CONTROL BOARD IS INTENTIONALLY INDEPENDENT OF LOCAL GOVERNMENT AND IS AN EXAMPLE OF COOPERATIVE FEDERALISM. IN THE EPA REGULATIONS AND POLICIES PROVIDE FEDERAL GUIDANCE. THE EPA EVALUATES THE STATE'S PERFORMANCE UNDER FEDERAL LAW WHICH CAN AFFECT FEDERAL FUNDS. BEFORE THIS PETITION WAS FILED, THE BOARD ANNOUNCED ABOUT A YEAR BEFORE THE PETITION WAS FILED THAT IT WAS CREAING AN IMPACT COMMITTEE AND THAT COMMITTEE WASOPEBEN TO ANYONE THAT WANTED TO PARTICIPATE. THE STAFF PARTICIPATED. THE COMMITTEE MET FOR EIGHT MONTHS. IT PRODUCED AND SHARED MUST RECALL MATERIALS. THE BOARD'S RULE ALLOW ANY PERSON TO PROPOSE A REGULATION TO IMPROVE AIR QUALITY AND PROTECT PUBLIC HEALTH. THE BOARD HAS BIV GIVEN ALL MOTHER ENCOURAGES THE PARTIES TO COME TO AGREEMENT ON THE RULES. THE BOARD MAY ADOPT THE PROPOSED REGULATION, NO REGULATION AT ALL, OR -- BASED ON THE EVIDENCE PRESENTED AT THE HEARING. >> THANK YOU. YOUR TIME IS UP. >>COUN. DAVIS: I APPRECIATE YOU, BUT WE HAVE TO FOLLOW OUR RULES. I HOPE YOU SHARE THAT BY EMAIL. THANK YOU, MA'AM. WE APPRECIATE YOU. IT'S GOOD TO SEE YOU. >>COUN. LEWIS: MR. PRESIDENT. I MOVE TO EXTEND THE MEETING. 11:30. >>COUN. DAVIS: MOTION TO EXTEND UNTIL 11:30, IS THERE A SECOND? ANY DISCUSSION? SEEING NONE. ROLL CALL. >>COUN. BASSAN: YES. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. PEÑA: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: FOR THE LAST TIME YES. >> THAT PASSES 7-2. >>COUN. LEWIS: POINT OF ORDER. I WOULD ASK THAT THIS COUNCIL WOULD GIVE THE PEOPLE THAT WAITED HERE FOR ALMOST SIX HOURS AND ALSO ONLINE THE SAME RESPECT THAT WE GAVE EVERYBODY ELSE TONIGHT. >>COUN. DAVIS: THANK YOU. >> XAVIER, FOLLOWED BY SOFIA. >> HELLO, COUNCIL PRESIDENT, COUNCIL. I WE DO A LOT OF SOCIAL ECONOMIC AND ENVIRONMENTAL RESEARCH. AND ITS IMPLICATIONS ON POLICY AND HEL -- WEALTH. THIS IS TO SET A NARRATIVE FOR WHAT THIS REGULATION IS TRYING TO DO. IT DOES THAT POORLY. AND IT DOESN'T EQUIP THE RESIDENTS OR THE CITIZENS OR THE COUNCIL WITH ACCURATE INFORMATION AS TO THE DEVELOPMENT OF THE NATURE OF THIS REGULATION. AND THE OTHER COMPONENTS THAT SHE OUTLINED REGARDING LEGAL RIGHT AND WHAT'S REALLY HAPPENING AND HOW THE BOARD IS ABSOLUTELY OPERATED WITHIN THE LEGAL AUTHORITY. AND REALLY ANYONE WHO VOTES TO SUPPORT THIS RESOLUTION BEYOND THE FACT THERE'S A LACK OF EVIDENCE OF ANY IMPACTS REGULATION DEVELOPMENT EVEN THOUGH THEY HAVE BEEN HEARD BY THE AIR QUALITY BOARD SEVERAL YEARS AGO REGARDING SOME OF THE FACTS AROUND THAT, I HOPE COUNCIL MEMBERS ARE ASKING THEMSELVES WHAT IS THE AVAILABILITY OF HEALTHY AIR AND HEALTHY WATER IN THE CITY? THE AMERICAN LUNG ASSOCIATION SAYS WE'RE FAILING. THAT'S A RECENT GRADE. AND THE RESOLUTION IS INACCURATE BY STAYING THIS ESTABLISHES A PROCESS. IT'S ALREADY BEEN ESTABLISHED. IT'S TRYING TO OBSTRUCT IT BECAUSE IT DOESN'T PROVIDE UNDERLYING EVIDENCE AS TO WHY THE CLAIMS ARE TRUE OR HAS TO ANY SIGNIFICANCE OF WHAT'S TRYING TO BE OUTLINED WHICH IS WHAT I THINK THE INTENT IS TO SHOW THE SIGNIFICANCE OF THE REGULATION. IT'S INTERESTING TO THINK THAT THERE'S A DESIRE FOR ADDITIONAL STAKEHOLDER INPUT WHEN THE HYDROGEN FUEL SELL SUBEMLY WAS NEVER A MENTION FROM ANYONE LOOKING FOR ADDITIONAL STAKEHOLD ER ENGAGEMENT AND CONSIDERING THE RIVERS DOWN THE STREAM ARE IMPACTED. FINALLY, THE COUNCIL ON ENVIRONMENTAL JUSTICE ON BAFT BEHALF -- >> SOFIA FOLLOWED BY MARLA. >> CAN YOU HEAR ME? >> WE CAN HEAR YOU. >> CHAIR DAVIS, MEMBERS OF THE COMMITTEE, BILL NUMBER R-23-128 IS A POLITICAL MOVE BY INDUSTRY TO COUNCILOR LEWIS. WE ASK YOU DO NOT SUPPORT THIS INDUSTRY TACTIC. THIS NARRATIVE THAT MIRRORS THE LUJ -- I FIND AN INTERESTING THAT INDUSTRY IS TAKING A POSITION THAT THE COMMUNITY HAS ALWAYS BEENEN. WE AS COMMUNITY ARE NEVER CONTACTED BY THE REGULATORY PROCESSES. WE RARELY KNOW ABOUT THESE KINDS OF PROCESSES UNTIL WE HAVE A POLLUTING INDUSTRY IN THE COMMUNITIES. THE SCARE TACTICS OUTLINED BY COUNCILOR LEWIS IN THIS BILL ARE DISINGENUOUS AND TELLING. THE INDUSTRY HAS TWO LAWYERS ATTEMPT TO DISQUALIFY BOARD MEMBERS AND PROCESSES PRETENDING SMAT SOMEHOW THEY HAVE BEEN WRONGED AND PUSHING SCARY ECONOMIC SCENARIOS THAT ARE NOT -- AND THEY HAVE NOT BEEN INVOLVED IN THE PUBLIC PROCESS. THE BERNALILLO COUNTY AIR QUALITY BOARD HAS BEEN ADDRESSING THE ISSUE OF IMPACT IN AGENDAS BEFORE AND FINALLY ANNOUNCING ON THE WEBSITE AND AVAILABLE TO ALL PUBLIC AN INVITATION TO PARTICIPATE IN THE STAKEHOLDER PROCESS TO DISCUSS THE ISSUE. MANY RESPONDED AND PARTICIPATED IN THE PROCESS INDUSTRY LAWYERS HAVE ATTEMPTED TO DISRUPT THIS PROS. GOING AS FAR AS TO CHALLENGE THE INTEGRITY OF MEMBERS OF THE BOARD AND HAVE MEMBERS REMOVED FROM THE BOARD. I DON'T THINK THE COUNCIL WOULD APPRECIATE THESE KINDS OF MOVE. THE AIR QUALITY BOARD IS AN INDEPENDENT BODY AS BEEN STATED AND HAS THE RIGHT TO SCHEDULE AND DEVELOP THEIR AGENDA AND WORK AS THE DOES THE CITY COUNCIL. THE REGULATORY LOIS ALL TO MAKE AN OBJECTIVE DECISION BASED ON THE EVIDENCE PRESENTED TO THEM AND THE RESULTING ORDINANCE THAT PROTECTS ENVIRONMENT AND ISSUE OF CLIMATE JUSTICE AND CHANGE. THE HEARING AND MAKES A RULE MAKING PROCESS. I DON'T UNDERSTAND WHY COUNCILOR LEWIS WOULD WANT TO DISRUPT THE DEMOCRATIC PROCESS. >>COUN. DAVIS: THANK YOU, MA'AM. >> THIS IS ABOUT PROTECTING OUR HEALTH. >>COUN. DAVIS: THANK YOU. WE APPRECIATE YOUR COMMENT. >> MARLA FOLLOWED BY RICHARD. >> GOOD EVENING, CHAI -- I LIVE IN THE MOUNTAIN VIEW NEIGHBORHOOD IN THE SOUTH VALLEY AND COUNTY. I'M PRESIDENT OF THE MOUNTAIN VIEW COMMUNITY ACTION. I RECOGNIZE COUNTY NEIGHBORHOOD ASSOCIATION AND ALSO MEMBER OF THE MOUNTAIN VIEW COALITION. WE ARE FEELING LIKE THIS IS SO OUTRAGES THAT THE CITY COUNCIL WOULD INTERFERE WITH A DEMOCRATIC PROCESS. AN OFFICIAL DEMOCRATIC PROCESS WITH SOME KIND OF AN OFFICIAL RESOLUTION. THAT IS INTERFERING WITH ILLEGAL A LEGAL PROCESS. THOSE HEARING AS MENTIONED ARE THE PUBLIC PROCESS. WE HAVE HAD NUMEROUS MEETINGS OVER THE YEARS AND THIS IS -- WE FOLLOWED ALL THE THINGS THAT COUNCILOR LEWIS SUGGESTED. WE HAVE BEEN WORKING ON THIS FOR YEARS AND YEARS. AND WE HAVE TO ADDRESS A VERY CRUCIAL HEALTH SITUATION IN OUR NEIGHBORHOOD AND IN OTHER VULNERABLE COMMUNITIES. INCLUING IN THE CITY. MOST OF YOU KNOW VERY LITTLE ABOUT THE REASONING AND SCIENCE BEHIND THE REGULATION. BECAUSE WE HAVEN'T HAD THE PUBLIC HEARING TO PRESENT OUR CASE TO THE BERNALILLO COUNTY ALBUQUERQUE AIR QUALITY BOARD. SO, ANSWER TO THE PUBLIC. WITHOUT BEEN INVOLVED OF THE DEVELOPMENT, HOW CAN YOU POSSIBY PRESUME TO UNDERSTAND HOW IT WOULD WORK AND IMPACT IT WOULD HAVE ON WELL BEING OF THE PEOPLE WHO SOME OF YOU REPRESENT AND SOME OF YOU DO NOT. IT APPEARS THAT YOU'RE ACTING AS AGENTS AND LOBBYISTS, THOSE OF YOU WHO SUPPORT THIS RESOLUTION, FOR AIR POLLUTING INDUSTRIES. INDUSTRIES WE HAVE INVITED OVER AND OVER FOR MANY YEARS TO JOIN US TO DEVELOP A REMEDY TO THIS PROBLEM. I ENCOURAGE YOU NOT TO SUPPORT THE RESOLUTION. >> RICHARD FOLLOWED BY TERRY. >> GOOD EVENING, COUNCIL MEMBERS. I AM COCOORDINATER OF THE -- INSTITUTE. IT'S A CITY WIDE ENVIRONMENTAL AND ECONOMIC JUSTICE GRASSROOTS ORGANIZATION. OUR TEAM, ALONG WITH OUR VOLUNTEERS AND SUPPORTERS AND ALLIES HAVE WORKED ON CIVIL RIGHT AND ENVIRONMENTAL AND SOCIAL ISSUES FOR HUNDREDS OF HUNDREDS OF YEARS. IT'S OUR EXPERIENCE THAT WE HAVE ONLY SEEN IN A FEW CASES WHERE INDUSTRY CONTACTED THE COMMUNITY BEFORE APPLYING FOR A PERMIT TO GET THE COMMUNITY'S INPUT INTO THE PROCESS OF THAT PERMIT. WE TALK ABOUT DEMOCRACY AND THIS WAS TALKED ABOUT EARLIER, THE RESOLUTION WILL TAKE AWAY OUR RIGHT TO PARTICIPATE IN A DEMOCRATIC PROCESS. HAVE INDUSTRY BEEN CUT OUT OF THE PROCESS? NO. UNLESS WE'RE IMAGIING THINGS. WE JUST ATTENDED A MEETING AT THE MOUNTAIN VIEW COMMUNITY CENTER OF WHERE INDUSTRY HAD THE OPPORTUNITY TO ASK QUESTIONS, PARTICIPATE IN A DIALOGUE, AMONG OTHER PARTIES. AGAIN, UPON AGAIN, UPON AGAIN, IF YOU AGREE TO SUPPORT 23-128 YOU'RE WOIK -- TAKING AWAY DEMOCRATIC RIGHTS FOR POOL PARTICIPATION IN THE PROCESS. THANK YOU. HAVE A BLESSED EVENING. >> TERRY FOLLOWED BY SOFIA. >> THANK YOU, MR. PRESIDENT. I LIVE IN THE NEAR NORTH VALLEY AND CITY COUNCIL DISTRICT TWO. I GO TO THE AREA OF MOUNTAIN VIEW TO VISIT THE FRIENDS WHO LIVE THERE. ANYTHING THAT HAS TO DO WITH HEALTHY AIR QUALITY IS OF INTEREST TO EVERYONE IN THE CITY AND COUNTY. I FOUND MYSELF WONDERING HOW UNUSUAL IT IS FOR THE ALBUQUERQUE CITY COUNCIL TO ATTEMPT TO PASS JUDGMENT ON OR INFLUENCE THE BUSINESS OF AN INDEPENDENT AGENCY AND IT IS A CITY AND COUNTY AGENCY LIKE THE AIR QUALITY CONTROL BOARD. BEFORE THE BOARD HAS ACTED. IT SEEMS IT'S NOT EVEN RIPE FOR THE CITY COUNCIL TO PRONOUNCE ON IT. I SEE RESOLUTION 23 AS AN ATTEMPT TO DO THAT. COUNCILOR FIEBELKORN, SPEAKER ALAN MARX HAVE VOICED MANY OF THE OBVIOUS POINTS WHY THIS RESOLUTION SHOULD BE REJECTED. FIRST, IT'S MUCH ADO ABOUT NOTHING. THE PROPOSED REGULATION WAS LEGITIMATELY BROUGHT BEFORE THE ALBUQUERQUE CONTROL BOARD. INDUSTRY WAS INVITED TO PARTICIPATE EARLY ON BUT REGARDLESS OF WHETHER THEY DID THERE WILL BE PUBLIC HEARINGS. WHERE THEY WILL HAVE AN OPPORTUNITY TO PARTICIPATE AND HAVE THEIR EXPERTS TESTIFY. THE REGULATION AS WRITTEN MAY VERY WELL BE MODIFIED. THE RESOLUTION IMPLICATION IS THAT SOMEHOW THIS IS A DONE DEAL WHICH IT'S NOT. THE BEST IT CAN BE SAID IS THAT IT IS INDEED AN ATTEMPT TO SOMEHOW INFLUENCE THE OUTCOME OR THE ACTIONS OF THE AIR QUALITY CONTROL BOARD. IT'S A RESOLUTION MEANT TO INFLUENCE THEN IT DOESN'T DO A GOOD JOB BECAUSE OATS VERY DISMISSIVE OF THE BOARD'S PROFESSIONALISM IN HOLDING A HEARING AND MAKING INFORMED DECISIONS ON TECHNICAL ISSUES. THE HANDLE WITH CARE RESOLUTION PASSED -- POSITIVELY ENDORSED THIS REGZ REZLUTION SHOULD NOT BE SOMETHING DENOUNCED BY THE CITY COUNCIL. PLEASE VOTE AGAINST IT. >> SOFIA. >> GOOD EVENING, MR. PRESIDENT. I LIVE IN DISTRICT SIX. AND I ALSO WORK WITH UNITED FOR CLIMATE CRISIS ACTION. I'M HERE TO ASK YOU TO VOTE NO. IT UNDERMINES AND IGNORES THE WORK PUT TOGETHER TO HELP THE IMFACT REGULATION. I PARTICIPATE IN PUBLIC COMMENT. THE COMMUNITY HAS BEEN VERY INVOLVED WITH PUBLIC PROCEDURES. THE CLAIM THERE'S NO STAKEHOLDER SEEMS LIKE PANDERING TO INDUSTRY. THERE'S BEEN AN OVER STACHERATION OF AIR QUALITY PERMITS IMPROVED. AND LOOK AT ALL IMPACTS COMMUNITIES ARE FACING BEFORE WE MOVE MORE PERMITS. ASKING FOR BASIC PROTECTION. IT'S A GOOD STEP IN THE RIGHT DIRECTION TO PROTECT THE HEL AND ENVIRONMENT OF THE CITY OF ALBUQUERQUE. I DON'T CARE IF IT'S DIFFICULT FOR INDUSTRY TO OBTAIN AN AIR QUALITY PERMIT. IT'S MORE DIFFICULT FOR ELDERS AND CHILDREN TO HAVE HIGH RATES OF AS DECEMBER ASTHMA BRNG AND HAVE MORE THE EPA HAS BEEN DOING RESEARCH ON IMPACT SINCE 1979 AND THIS IS NOTHING NEW. ANOTHER CONCERN IS THIS RESOLUTION IS TRYING TO OVERRIDE DEMOCRACY. THE AIR BOARD HAS THEIR OWN JURISDICTION AND MAKE THEIR OWN RULINGS AND THEY DECLARED THIS AS WELL. THE CORRECT PROCESS WAS FOLLOWED AS PREVIOUS SPEAKERS STATED. I URGE YOU TO VOTE NO ON RESOLUTION 128. THANK YOU. >> ALEJANDRIA. >> GOOD EVENING, MEMBERS OF THE COUNCIL, THANK YOU FOR HEARING US TONIGHT. I'M THE COALITION COORDINATOR FOR NEW MEXICO NO FALL SOLUTIONS. I'M HERE TO GIVE BACKGROUND ON WHY I OPPOSE THIS RESOLUTION. WHEN I WAS WITH THE SOUTHWEST ORGANIZING PROJECT, WE ACTUALLY WORKED WITH MEMBERS OF THE COMMUNITY AND COUNCILOR BENTON TO GET IMPACT IN THE IDO. WE HAVE THE SAME PUSH BACK FROM INDUSTRY THEN. AND I THINK THIS IS PRETTY TELLING I WOULD LIKE TO TELL THE CITY TO TAKE ANOTHER LOOK AT THIS. OVER THE LAST 50 YEARS WE'VE SEEN AN INCREASE IN AIR QUALITY PERMIT. THAT'S THE REASON THERE'S A LACK OF AVAILABILITY. AND ON THE OTHER HAND, COMMUNITIES LIKE SAN JOSE LIKE IN THE COUNTY HAVE BEEN DEALING WITH THE POLLUTION. WE HAVE DONE OUR RESEARCH. THE AIR QUALITY CONTROL BOARD HAS THE RIGHT T GIVE RULES. THIS IS OVER STEPPING DEMOCRACY. WE HAVE DONE A LOT OF RESEARCH. SO MUCH SO THERE WAS TITLE SIX COMPLAINT FILED IN 2014 BY THE NEW MEXICO ENVIRONMENTAL LAW CENTER. THE EPA HAWSE DONE INVESTIGATIONS I THINK ALL COUNCILORS HAVE A JOB TO DO IN LOOKING AT THIS BECAUSE THIS IS PART OF THE DISCRIMINATION AND ENVIRONMENTAL JUSTICE HAVE BEEN STANDING UP AND SAYING WE NEED CUMULATIVE IMPACTS. THIS HAS GONE THROUGH DISPUTE RESOLUTION AND I HOPE YOU SEE THE NEED TO VOTE NO ON THIS RESOLUTION. AND REALLY LOOK INTO THE HISTORY AS WELL AS LOOKING INTO THE LEGAL PIECE OF HOW THIS IS TRULY OVERSTEPPING THE AIR QUALITY CONTROL BOARD. THANK YOU HAING US TONIGHT. >> MR. PRESIDENT, THAT CONCLUDES PUBLIC COMMENT. >>COUN. DAVIS: COUNCILOR LEWIS, BACK ON THE BILL. >>COUN. LEWIS: CERTAINLY RESPECT EVERYONE'S COMMENTS. THANK, EVERYBODY, FOR STAYING AND WAITING THROUGH EVERYTHING TO HEAR THIS LAST BILL. I BELIEVE THIS PROMOTES DEMOCRACY. THAT'S CERTAINLY THE INTENT. THAT'S WHAT IT DOES. IT'S ASKING FOR US -- WE ARE PART OF THE DEMOCRACY THAT'S PART OF THE DECISIONS THAT ARE MADE. SO, DEMOCRACY IS US BEING ABLE TO WEIGH IN ON IT. GIVE OUR OPINIONS ON IT AND EVERYBODY ELSE HAVING A HEARING ON IT. THIS IS ABOUT TRANSPARENCY. IT'S ABOUT FULL PARTICIPATION. VOTING FOR THE RESOLUTION IS NOT A VOTE OR AGAINST THAT REGULATION OR THAT RULE, IT'S REALLY JUST THREE THINGS. IT'S RECOGNIZING THAT THERE WAS WAS NOT A STAKEHOLDER INVOLVEMENT PROCESS. THAT THE RULE DOES INCLUDE THE UNPRECEDENTED MANDATORY DENIALS OF AIR QUALITY PERMITS THAT THE CIRCUMSTANCES AREN'T CLEARLY DEFINED. AND THEN THERE'S SOME AMBIGUITIES THAT MAY MAKE IT UNENFORCEABLE. RECOGNIZES THINGS ABOUT IT. AND IT'S AN OPPORTUNITY FOR US TO BE ABLE TO WEIGH IN AND CERTAINLY PROMOTE MORE TRANSPARENCY, FULL PARTICIPATION, AND A WHOLE LOT OF DEMOCRACY IN THE PROCESS. >>COUN. DAVIS: COUNCILORS, ANY QUESTIONS? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I HAD A COUPLE QUESTIONS FOR THE ENVIRONMENTAL HEALTH DEPARTMENT. IF THE DIRECTOR IS STILL AVAILABLE. THANK YOU FOR STAYING SO LATE. IT'S MY UNDERSTANDING THAT -- WELL, LET ME BACK UP. AS A PERSON THAT WORKED ON A PROPOSAL FOR THIS BOARD LAST YEAR, AND WORKED VERY HARD AND HAD IT REJECTED I KNOW THAT INDIVIDUALS AND CITIZENS AND NON-PROFIT GROUPS CAN PROPOSE THEIR OWN RULES IF THE AIR QUALITY BOARD IS NOT DOING WHAT THEY THINK IS THE RIGHT THING TO DO ON AN ISSUE. IS THAT YOUR UNDERSTANDING? >> YEAH. MR. PRESIDENT, COUNCILOR FIEBELKORN THAT'SCORRECT. >>COUN. FIEBELKORN: THE ONLY DIFFERENCE BETWEEN THE PETITION THAT I DID THAT GOT REJECT ASKED THE ONE ACCEPTED BY THE AIR QUALITY BOARD IS THEIRS WAS BETTER WRITTEN AND MEANINGFUL IN SOME WAY? SO, CAN YOU, MR. PRESIDENT, CAN YOU EXPLAIN TO ME WHY THE CITY OF ALBUQUERQUE DIDN'T PROPOSE A RULE ON THIS ISSUE? WE HAVE A FRONT LINE COMMUNITY THAT IS DEFINITELY A JUSTICE 40 TYPE OF PLACE. THAT HAS BEEN LIVING WITH SERIOUS ENVIRONMENTAL IMPACTS ON THEIR HEALTH AND ON THE HEALTH OF THEIR CHILDREN FOR DECADES. AND DID NOT ACT. WE LEFT IT UP TO THE CITIZENS WHO LIVED THERE TO PROPOSE THEIR OWN RULE. WHY DIDN'T THE CITY DO THAT? >> YEAH, MR. PRESIDENT, COUNCILOR FIEBELKORN, YEAH IT WASN'T EXACTLY THAT THEY HAPPENED. I'VE BEEN HERE A YEAR. YOU KNOW, THE MANDATE TO ME FROM THE MAYOR WAS TO GET OUT TO THE STREETS AND FIND OUT AND TALK TO THE COMMUNITIES AND BUSINESSES AND REALLY BEGIN THE DIALOGUE ON ENVIRONMENTAL JUSTICE ISSUES. WE DID DO THAT. WE STAYED ACTIVE THROUGHOUT THE WHOLE YEAR. ONE OF THE THINGS YOU GAVE US SOME MONEY LAST YEAR, LIKE $300,000 TO GATHER DATA AND THE INFORMATION WHERE OUR WORST AREAS WERE AS FAR AS UNDERSERVED AND WHAT WERE THE IMPACTED BY. BECAUSE YOU CAN TAKE A LOOK AT THE COUNTY AND HAVE A CURSORY UNDERSTANDING. IN ORDER TO MAKE A REGULATION YOU HAVE TO IT PRESENTED AND ENFORCEABLE AND ESSENTIALLY BE ABLE TO REFERENCE THAT. WE SPENT A LOT OF TIME DOING THAT. AROUND AUGUST, AS THERE WAS WORKSHOPS, EHD WAS INVOLVED AND WE TALKED TO SOME OF THE PERMIT HOLDERS LIKE PNM ABOUT THE CONCEPTS AND THEIR FEELINGS ABOUT ENVIRONMENTAL JUSTICE. AND THEY UNDERSTAND THIS IS HERE TO STAY. IT'S NOT GOING TO GO AWAY. WE DIDN'T GET NEGATIVE FEEDBACK FROM THEM. THE PROCESS CONTINUED. ABOUT AUGUST 1, I MET WITH THE GROUPS AND SAID IF YOU DON'T HAVE SOMETHING TOGETHER WE AHD BEGAN PUTTING THEIR OWN REGULATION. THERE'S A PARALLEL PROCESS. WHAT HAPPENED IS THE COMMUNITY MADE THE FIRST JUMP AT THE PETITION PRIOR TO US. ESSENTIALLY, THAT'S WHAT WE HAVE HERE. YOU KNOW, IF THAT MAKES SENSE, THE PETITION WAS HEARD BY THE AIR BOARD. ACCEPTED, AND THEY DID AGREED AND VOTED THEY PROVIDE A HEARING FOR THE PETITION. AND ESSENTIALLY WE'RE PROBABLY IN THIS HOLDING PATTERN. I'VE NEVER PRESENTED A DUAL PETITION TO THE AIR QUALITY CONTROL BOARD. I'M NOT SHOWER SURE HOW THAT WOULD WORK. HAVING DUELING PETITIONING AND ARGUING ONE SIDE PRO ASK THE OTHER AGAINST. ESSENTIALLY, WHAT WE'RE LOOKING AT IS THAT WE UNDERSTAND THE INTENT OF THE RESOLUTION, WE REALLY DO. YOU QUOTE SOME OF THE COMMENTS ABOUT THE REGULATION OF THE PETITION. WHILE WITH WE UNDERSTAND THE INTENT, WE KIND OF DISAGREE WITH SOME OF THE LANGUAGE. ESSENTIALLY BECAUSE YOU KNOW BECAUSE IT REFERENCES THE PETITION AND NOT NECESSARILY THE REGULATION AND THE PETITION IS MONUMENTAL IN THE SENSE IT WAS BROUGHT BY THE COMMUNITY. WHEN WE LOOKED AT THE DATA, THE TWAEL -- THE TALE OF TWO CITIES IS SOUTH OF I-40 AND NORTH OF I-40. SOUTH OF I-40 THEY HAVE BEEN IMPACTED BY THE PERMITTING PROCESS. THERE'S CONCERN WITH THAT. TO US IT'S MONUMENTAL THAT THE COMMUNITIES BROUGHT THIS FORWARD. IT'S IMPORTANT TO THEM. FOR US, WE'RE IN SUPPORT OF THAT ASPECT OF IT. OBVIOUSLY WRB WE'RE GOING TO BE A PARTY AS THE HEARING HAPPENS. TO US, I THINK A MORE PRODUCTIVE WAY OF PRESENTING A RESOLUTION WOULD BE PUSH THE AIR BOARD TO HOLD THE HEARING FASTER. IT'S BEEN FIVE MONTHS. AND THERE'S NO DATE FOR THE HEARING. WE THINK THOSE DISCUSSIONS NEED TO HAPPEN SOONER RATHER THAN LATER. THAT PETITION IS IN PLACE. IT'S GOING TO BE HEARD. FOR US, THE SOONER WE CAN GET TO THE ARGUMENT AND THE DISCUSSIONS, I THINK THE BETTER. AND EVERYBODY GETS THEIR OPPORTUNITY TO PARTICIPATE IN THE PROCESS. >>COUN. FIEBELKORN: A COUPLE MORE QUESTIONS. I JUST WANT TO REITERATE WHAT I HEARD YOU SAY. WE WENT OUT TO PNM AND OTHER LARGE INDUSTRIAL PERMITTED HOLDERS AND ASKED THEM HOW THEY FEEL ABOUT ENVIRONMENTAL JUSTICE. IS THAT REALLY A NECESSARY STEP? SERIOUSLY. LET ME FINISH MY THOUGHT. WE HAVE A JUSTICE 40 GROUP THAT IS FORMED IN THE CITY OF ALBUQUERQUE. THE FEDERAL GOVERNMENT HAS SAID THAT WE HAVE TO DO ALL WE CAN TO INCORPORATE ENVIRONMENTAL JUSTICE INTO ALL OF OUR WORK AND OUR MAYOR HAS BACKED THAT UPAND FORMED A JUSTICE 40 INITIATIVE IN THE CITY OF ALBUQUERQUE. I'M NOT SURE THAT WASTING THE TIME OF ASKING LARGE INDUSTRIAL USERS HOW THEY FEEL ABOUT ENVIRONMENTAL JUSTICE IS WHAT WE SHOULD HAVE BEEN DOING. I FEEL LIKE WE SHOULD DEVELOP A RULE SO WE'RE NOT IN THE POSITION WE'RE IN HERE TONIGHT WITH A RULE THAT COULD HAVE BEEN STAVED OFF BY A MIDDLE GROUND RULE FROM THE CITY OF ALBUQUERQUE AND WE WOULDN'T BE HERE HAVING THIS CONVERSATION. SO, CAN I JUST ASK WHY WE ARE NOT GOING TO MOVE FORWARD YOUR RULE WITHIN THIS CASE? THIS RULE MAKING CAN HAVE PROPOSALS INCLUDED IN IT THAT ARE SLIGHTLY VARIANCES ON THE RULE THAT WAS PROPOSED BY COMMUNITY. WHY WOULDN'T WE DO THAT? >> MR. PRESIDENT, COUNCILOR FIEBELKORN, I THINK IT'S IN THE PROCESS. THE PETITION IS THERE. WE HAVE TO SUBMIT A SEPARATE PETITION. THE MAYOR SAID THE REGULATION HASN'T BEEN DISCUSSED. WHILE WE READ IT AND MADE COMMENTS ON WHAT WE THINK ARE SERIOUS DEFICIENCIES, THE OPEN DISCUSSION FOR THE MERITS HAS NOT HAPPENED. THAT NEEDS TO HAPPEN. WHEN THAT HAPPENS WE'RE ABLE TO BRING ALL THE ISSUES IN A MORE TECHNICAL MANNER AND ESSENTIALLY EXPLAIN WHERE WE THINK THE DEFICIENCIES ARE AND WHERE THINGS CAN BE FIXED. IT'S WHERE WE ARE IN THE PROCESS. THE SOONER THE HEARING HAPPENS THE SOONER THE ARGUMENT CAN BEGIN. >>COUN. FIEBELKORN: I'M 100% SURE THAT YOU CAN SUBMIT YOUR PETITION WITHIN THE RULE MAKING. IT'S BEEN DONE BEFORE. THERE'S NO REASON WE COULDN'T DO IT NOW. WHEN THIS RULE MAKING BEGINS, THE CITY SHOULD PRESENT THEIR PETITION TO THE AIR QUALITY BOARD. IS THAT YOUR PLAN? >> MR. PRESIDENT, COUNCILOR FIEBELKORN, YOU KNOW, I'VE NEVER SEEN IT DONE WITH THE AIR QUALITY CONTROL BOARD. IT'S DIFFERENT SET UP. THEY HAVE A VERY RIGID REVIEW STRUCTURE. IT'S NOT LIKE THE LEGISLATURE WHERE YOU CAN START AT THE SENATE AND THE HOUSE AND THEN SOMETHING FALLS OFF. OR HOW IT IS PUSHED IN CITY COUNCIL. THEIR PROCESS IS VERY DIFFERENT. IT'S VERY SINGULAR. I'VE BEEN TALKING WITH LEGAL AND HOW ESSENTIALLY DUELING PETITIONS WOULD WORK WITH THE AIR QUALITY BOARD. THEY DON'T HAVE THE SAME PROCESS AS THE CITY COUNCIL NOR THE LEGISLATIVE BODY. >>COUN. FIEBELKORN: MR. PRESIDENT, THIS IS NOT A QUESTION. I AM TELLING YOU THIS CAN BE DONE. I URGE YOU TO SPEAK WITH THE AIR QUALITY CONTROL BOARD OFFICIALS TO MAKE THAT HAPPEN SO WE'RE NOT IN THIS POSITION OF WE'RE GOING TO GO THROUGH THIS RULE MAKING THAT NO ONE LIKES AND WE'RE GOING TO HAVE TO GO THROUGH IT AGAIN. THERE'S A RULE MAKING PROCESS THAT'S BEEN STARTED BECAUSE THE CITY OF ALBUQUERQUE DIDN'T START IT FOR THEM. AND IT IS TIME THAT THE CITY MOVE PROPOSE SOMETHING THAT WORKS AND GET INVOLVED IN THE PROCESS. THANK YOU, MR. PRESIDENT. >>COUN. DAVIS: OTHER COMMENTS BEFORE WE GO BACK TO THE SPONSOR? LET ME ADD MY TWO CENTS. I JUST DON'T THINK THIS IS OUR FIGHT. WE DON'T HAVE JURISDICTION. WE HAVE A VOICE. THE RESOLUTION IN MY OPINION IS NOT IMPROPERLY BROUGHT. YFJ DON'T THING I JUST DON'T THINK THIS IS OUR FORUM. THE AIR QUALITY BIRD IS INDEPENDENT. IT HAS ITS OWN RULES AND JURISDICTION. WE DON'T HAVE A FIGHT. I'M UNINCLINED AS ONE GOVERNMENT TO TELL WHAT TO DO WHEN WE DON'T SHARE THE AUTHORITY. FOR THAT REASON, ALONE, I WILL VOTE TO OPPOSE THIS. I SHARE SOME OF COUNCILOR FIEBELKORN'S CONCERNS. I THINK WE'VE REALLY MISSED THE OPPORTUNITY TO BE THE LEADER ON THIS. AND DIRECTOR, IT'S NOT UNDER -- IT STARTED BEFORE YOU. LONG-TERM INTO THE SECOND TERM OF AN ADMINISTRATION WHO IS SUPPOSED TO HAVE ENVIRONMENTAL JUSTICE PLANS AND HAS IN SOME RESPECTS REALLY MADE SOME PROGRESS AND HELPED US IN MANY WAYS. I THINK THIS IS A CONVERSATION THAT I KNOW HAS BEEN GOING ON WITH THAT NAB A NEIGHBORHOOD IN PARTICULAR FOR A DECADE. I WAS THINKING LONGER THAN THAT. IT'S A REAL MISSED OPPORTUNITY FOR THE CITY TO BE A LEADER. I THINK WE'RE HERE BECAUSE OF THAT. COUNCILOR LEWIS. >>COUN. LEWIS: THANK YOU, MR. PRESIDENT. THIS IS CERTAINLY WORTH THE DISCUSSION TONIGHT. THANKS FOR ALLOWING US TO HAVE THIS. THIS IS NOT MAKING A DECISION FOR THE AIR QUALITY BOARD. IT'S WEIGHING IN, ENTIRELY APPROPRIATE. I THINK WE ASKED LEGAL AND THEY SAY OVER AND OVER THIS IS ABSOLUTELY APPROPRIATE FOR US TO WEIGH IN ON AND DISCUSS AND GIVE A FORUM FOR FOLKS THAT ARE IN THE CITY TO BE ABLE TO BE HEARD ON THIS AND DIRECTOR, THANK YOU. I THINK WHAT I HEARD YOU SAY TONIGHT IS THAT YOUR DEPARTMENT AND THE CITY OFFENSE ALBUQUERQUE DID NOT PROPOSE THIS RULE. COUNCILOR FIEBELKORN WAS TRYING TO MAKE THE CASE YOU SHOULD HAVE. BUT THE FACT IS YOU DID NOT. AND BECAUSE I DON'T BELIEVE THAT YOU BELIEVE THAT YOU SHOULD. I THINK YOU ALSO BELIEVE THERE'S SOME VERY SERIOUS PROBLEMS WITH THIS RULE. AND WHICH IS ALSO WHY I'M NOT GOING TO ASK YOU SPECIFICALLY WHICH WORDS IN THIS RESOLUTION YOU DISAGREE WITH. BECAUSE HONESTLY, SIR, I DON'T BELIEVE YOU DISAGREE WITH ANYTHING. I THINK YOUR BOSSES WOULD PROBABLY BE CONCERNED ABOUT THAT. IF YOU TOOK A STAND FOR THESE RULES OR IF YOU TOOK A STAND AGAINST THEM. BUT THE FACT IS, YOU DIDN'T PROPOSE IT, BECAUSE YOU DON'T TRULY SUPPORT IT. THE FACT IS THIS RESOLUTION IS NOT SAYING WHETHER WE SUPPORT THIS OR NOT. IT'S WEIGHING IN AND SAYING THESE ARE SOME PRETTY BIG RULES THAT ARE PENDING AND LET'S PUT THE RIGHT TRANSPARENT PROCESS IN PLACE AND WE ENCOURAGE THE BOARD TO DO THAT. I URGE YOUR SUPPORT. >>COUN. DAVIS: SEEING NO OTHER DISCUSSION AND THE CLOCK BEING SO CLOSE. PLEASE CALL THE ROLL. >>COUN. BASSAN: YES. >>COUN. BENTON: NO. >>COUN. FIEBELKORN: NO. >>COUN. GROUT: YES. >>COUN. LEWIS: YES. >>COUN. SANCHEZ: YES. >>COUN. DAVIS: NO. >> THAT PASSES ON A 5-3 VOTE. >>COUN. DAVIS: THAT BEING OUR LAST ITEM OF BUSINESS. THIS MEETING IS ADJOURNED.