>>COUN. BENTON: WELCOME BAB TO THE VINCENT E. GRIEGO CHAMBERS. I WELCOME EVERYONE WHO IS HERE. WE DO HAVE COUNCILORS AND A FEW STAFF AND ADMINISTRATION HERE WITH US TONIGHT. WE HOPE SOMEDAY IN THE NEAR FUTURE WE'LL HAVE THE GENERAL PUBLIC BACK. I WANT TO WELCOME BACK OFFER GUNNEDERSON FROM APD WHO HAS HISTORICALLY BEEN WITH US. WHEN I USE THE WORD HISTORY DOES THAT MEAN WE'RE OLD? GREAT TO HAVE WITH HIM BACK. HE WAS INJURED IN ONE OF THE HIGH-PROFILE SHOOTINGS IN THE UPPER HEIGHTS. GLAD HE CAME THROUGH WELL. WE'LL GO TO ROLL CALL AS FAR AS WE'RE ALL HERE. WELCOME. ALL THE COUNCILORS, INCLUDING THOSE WHO HAVE NOT BEEN HERE BEFORE. COUNCILOR SANCHEZ, COUNCILOR FIEBELKORN, AND COUNCILOR GROUT. IT'S MUCH BETTER BEING UP HERE. WELCOME TO YOU, IN THAT SENSE ONLY. EVERYONE IS IS HERE. WE'LL MOVE ON TO THE PLEDGE OF ALLEGIANCE. I'D LIKE TO ASK COUNCILOR SANCHEZ TO READ IT IN ENGLISH AND COUNCILOR PEÑA TO READ IN SPANISH. >>COUN. BENTON: COUNCILOR SANCHEZ AND COUNCILOR PEÑA. AS WAS NOTED IN A PRESS RELEASE NOTED ON OUR WEBSITE AND NOTED IN PUBLISHED COUNSEL AGENDA. THIS MEETING HAS SPECIAL PROCEDURES. THIS IS HELD IN VINCENT E. GRIEGO CHAMBERS AND PUBLIC PARTICIPATION IS VIA ZOOM. WE WELCOME THE PUBLIC TO JOIN US AT OUR APRIL 4th MEETING. MEMBERS OF THE PUBLIC HAVE THE ABILITY TO VIEW THIS MEETING LIVE THROUGH FOUR DIFFERENT PLATFORMS, GOV ON COMCAST CHANNEL 16. THE GOVTV WEBSITE, YOUTUBE, AND ZOOM WEB THAR. THEY CAN BE ACCESSED THROUGH MOST SMART PHONES AND TABLETS. THIS MEETING IS CLOSED CAPTIONED ASK YOU MAY ENABLE IT AT THIS TIME. FOR THOSE WATCHING ON THE LIVE STREAM, THANK YOU FOR JOINING US. THE VIDEO RECORDING OF THIS AND ALL PAST COUNCIL MEETING WILL REMAIN AVAILABLE ON THE CITY COUNCIL WEBSITE. STAFF IS AVAILABLE TO ASSIST YOU VIA TELEPHONE IF YOU NEED HELP FINDING THE VIDEO. YOU CAN CALL THEM AT 505-768-3100 FOR ASSISTANCE DURING 8 A.M. THROUGH 5 P.M. MONDAY THROUGH FRIDAY. COUNCIL IS ACCEPTING PUBLIC COMMENT VIA ZOOM AND WRITTEN COMMENTS. WRITTEN COMMENTS WITH WERE DISTRIBUTED IN ADVANCE OF TONIGHT'S MEETING. PROCLAMATION AND PRESENTATION, WE HAVE NONE. NOR ECONOMIC DEVELOPMENT DISCUSSION. WE'LL GO TO GENERAL PUBLIC COMMENT. HELLO TO THOSE JOINING US TO PROVIDE LIVE PUBLIC COMMENT. MEMBERS OF THE PUBLIC WILL BE ABLE TO ADDRESS THE COUNCIL IF THEY HAVE SIGNED UP FOR LIVE PUBLIC COMMENT PER THE INSTRUCTIONS PUBLISHED ON THE AGENDA AND ON OUR WEBSITE. SPEAKERS WILL BE MOVED INTO THE ROOM TWO AT A TIME AND REMAIN MUTED WITH THEIR CAMERA OFF UNTIL CALLED UPON TO SPEAK. AT WHICH POINT THEY CAN TURN ON CAMERA, UNMUTE THEMSELVES, AND WILL HAVE TWO MINUTES TO PROVIDE COMMENTS TO THE COUNCIL. AFTER THAT, THEY WILL BE MUTED AND RETURN TO THE ATTENDEE ON THE WEBINAR. HERE THE GROUND RULES. EACH PARTICIPANT HAS TWO MINUTES. COMMENTS ARE TO BE ADDRESSED THROUGH THE COUNCIL PRESIDENT. ANY DISRUPTIVE CONDUCT WILL RESULT IN REMOVAL FROM THE ZOOM WEBINAR. PLEASE CALL THE NAME OF OUR FIRST SPEAKER. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS KELLY. PLEASE TURN YOUR VIDEO ON, UNMUTE YOURSELF AND YOUR TWO MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> KELLY, ONE SECOND. I THINK WE HAVE TECHNICAL DIFFICULTIES. >> KELLY, CAN YOU TRY AGAIN ONE MORE TIME? WE'RE HAVING DIFFICULTY. WE'RE GETTING A TECHNICIAN TO LOOK AT THIS. PLEASE HOLD ON. THANK YOU. >>COUN. BENTON: I'M GOING TO MOVE ON TO SOME BUSINESS AND WE'LL GET BACK TO THIS WHENEVER YOU HAVE IT WORKING. THANKS. NEXT IS ADMINISTRATION QUESTION AND ANSWER PERIOD. COUNCILORS, ANY QUESTIONS FOR THE ADMINISTRATION? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. MY QUESTIONS WERE AROUND THE FARMER'S MARKET SEASON. I KNOW WE HAVE SOME ISSUES AROUND HOW THAT ORDINANCE IS WRITTEN. AND THE DON'T WANT TO CHARGE PEOPLE EVERY SINGLE TIME THEY'RE GOING TO A FARMER'S MARKET. I THINK THERE'S A LONG-TERM PLAN IN PLACE TO FIX THAT ORDINANCE. I WASN'T TO GET ON RECORD FOR FOLKS TO UNDERSTAND THIS YEAR FOR PEOPLE THAT WANT TO PARTICIPATE THIS YEAR. >> THANK YOU, COUNCILOR BENTON, COUNCILOR FIEBELKORN, I'M GOING TO INVITE DEPUTY DIRECTOR MARK DIMENA TO ANSWER THE QUESTION FROM ENVIRONMENTAL HEALTH. >> THANK YOU, COUNCILOR BENTON, COUNCILOR FIEBELKORN. WE HAVE A PROCESS THAT WE HAVE IN PLACE FOR THIS YEAR. SINCE WE WILL HAVE A LIST. ESSENTIALLY, WHAT'S THAT GOING TO LOOK LIKE IS YOU'RE GOING TO HAVE VARIANCE PROSTO ALLOW THE ONE PERMIT THROUGHOUT THE ENTIRE SEASON. ANY VENDOR WILL APPLY TO PARTICIPATE IN THE INDIVIDUAL MARKETS. WE'LL MAINLY BE HANDLING THAT ON OUR END. THE VENDOR WILL COME AND THE MARKET ORGANIZERS WILL FILL OUT APPLICATIONS FOR PARTICIPATING IN THE MARKET AND EXCHANGE THEY'LL GET A PERMIT GOOD FOR THE ENTIRE SEASON. THE OTHER CONCERN WAS THERE WAS GOING TO BE COMPOUNDING OF FEES ON TOP OF WHAT THEY'RE USED TO PAYING. WE DONE -- BUT THERE'S A FEE WAVER GRANTED. IS THAT BETTER? SORRY ABOUT THAT. IF IT DIDN'T COME THROUGH, I CAN REPEAT. THE $50 CAP ON THE FEE WILL CORRESPOND TO WHAT THEY PAID IN THE PAST UNDER THE OLD MOU. IT HAD PROBLEMS UNDER THE WAY IT WAS SET UP. IT DOESN'T CORRESPOND TO THE PERMITTING. THEY WILL BE ABLE TO PARTICIPATE IN ALL OF THE MARKETS THROUGHOUT THE YEAR AND THAT WILL BE A $50 CAP. EVEN IF THEY NEED MULTIPLE PERMITS THEY WILL ONLY PAY 50 FOR THIS YEAR. THAT IS THE ORDINANCE WE'RE WORKING TO BRING YOU SO WE DON'T HAVE AN OVER AMOUNT OF FEES. >>COUN. FIEBELKORN: THANK YOU. CAN YOU TELL ME IF IT'S ON THE WEBSITE? >> THAT'S ON OUR WEBSITE AS OF TODAY. WE WANTED TO MAKE SURE WE ALL OF THE PROCESS BEHIND THE SCENES WORKED OUT IN PARTICULAR BECAUSE WE'RE TRACKING ALL OF THE VENDORS. WE WANT TO MAKE SURE WE CAN TRACK THEM AND WE'RE NOT GOING TO CREATE A WORSE SITUATION THROUGH LOTS OF STRINGS ATTACHED. WE HAVE THAT ON THE WEBSITE. IN ORDER TO INCREASE PUBLIC AWARENESS OF THAT, WE'RE WORKING WITH A PRESS RELEASE TO ACCOMMODATE AND HELP THE MARKETS. >>COUN. FIEBELKORN: THANK YOU. THAT'S ALL MY QUESTIONS. >> THANK YOU, MR. PRESIDENT. >>COUN. SANCHEZ: I HAVE A QUESTION FOR CHIEF MEDINA. THE QUESTION I HAVE IS IN REFERENCE TO A STORY THAT WAS DONE IN REFERENCE TO OVERTIME THAT HAPPENED RECENTLY. THIS QUOTE WAS UP HERE IN THE FIFTH FLOOR OF THE POLICE DEPARTMENT. WE'RE SO BUSY TO GO THROUGH THE FINAL DETAILS IT IS NOT SOMETHING WE'RE GOING TO BE CARVING OUT TIME FOR. THAT QUESTION, I'M GOING TO USE AN EXAMPLE. WHEN I WAS A YOUNG POLICE OFFICER MY FIRST SERGEANT TOLD ME THAT YOUR TIME SHEET IS THE SINGLE MOST IMPORTANT ITEM THAT YOU DEAL WITH AS A POLICE OFFICER EVERY SINGLE DAY OF THE WEEK. AND TWICE A WEEK. THAT NEEDS TO BE ACCURATE. 100%. IT'S A LEGAL DOCUMENT. IT HAS TO BE 100% ACCURATE. FOR THE COMMENT OF NOT HAVING TIME FOR THAT. IT PUTS ME IN A POSITION WHERE YOU DON'T HAVE TIME TO DO YOUR JOB. I NEED AN EXPLANATION AS WHY WE DON'T HAVE TIME TO DO TIME SHEETS AND CHECK TIME SHEETS FROM THE ADMINISTRATION. >> COUNCILOR BENTON, COUNCILOR SANCHEZ, WE WEREN'T NOTIFIED OF YOUR QUESTION IN ADVANCE. BUT WE HAVE LIEUTENANT HERE WHO CAN ANSWER QUESTIONS. >> THIS QUESTION FOR CHIEF MEDINA IS SOMETHING WE'D LIKE TO GET BACK TO YOU ON AND HAVE HIM PROPER RESPONSE.ITY TO HAVE A >>COUN. SANCHEZ: OKAY. WHAT'S YOUR NAME, SIR? >> I APOLOGIZE. I'M ROGER -- I'M INTERIM COMMANDER. >>COUN. SANCHEZ: LIEUTENANT, I JUST WANTED TO ASK YOU A QUESTION AS WELL. IS THE TIME SHEET NOT THE SINGLE MOST IMPORTANT ITEM YOU FILL OUT EVERY SINGLE TWO WEEKS FOR YOUR PAYCHECK AND IT'S A LEGAL DOCUMENT AND IT HAS TO BE FILLED OUT PROPERLY? >> ABSOLUTELY, SIR. JUST LIKE YOU WERE TOLD WHEN YOU WERE A YOUNG OFFICER I WAS TOLD THE SAME THING 17 YEARS AGO. >>COUN. SANCHEZ: THANK YOU. >>COUN. BENTON: COUNCILOR PEÑA HAS A QUESTION. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I DON'T KNOW IF THIS IS THE APPROPRIATE TIME IN THE AGENDA, BUT AS YOU ALL KNOW, MS. NAIR HAS DECIDED TO MOVE ON IN HER CAREER. I JUST REALLY WANTED TO TAKE THIS OPPORTUNITY BECAUSE IT'S MY UNDERSTANDING THIS IS HER LAST MEETING. THE FIRST MEETING BACK, LAST MEETING. I JUST WANT TO SAY THAT I REALLY WANT TO COMMEND YOU. I HAVE A LOT OF RESPECT AND ADMIRATION. THIS IS NATIONAL WOMEN'S MONTH. BEING A WOMAN OF COLOR IN THE FIRST WOMAN OF COLOR THAT'S THE CAO OF THE CITY OF ALBUQUERQUE THERE'S A LOT OF YOUNG GIRLS OUT THERE THAT REALLY LOOKED TO YOU AS A ROLE MODEL. I KNOW I'VE TALKED TO LOTS OF PEOPLE FROM DIFFERENT DEPARTMENTS AND APD IN PARTICULAR SAYING HOW MUCH YOU HELPED WITH THE DOJ PROCESS AND UNDERSTANDING AND THOUGHTFULNESS DURING THIS WHOLE PROCESS THAT A LOT OF THEM FELT THEY COULD RELY ON YOU AND HAVE CONFIDENCE YOU'RE REALLY MAKING INSTITUTIONAL CHANGE. I REALLY APPRECIATE THAT BECAUSE I KNOW SOMETIMES WHAT THE PUBLIC SEES AND WHAT IT TAKES TO REALLY MAKE THE NECESSARY CHANGE TO TURN APD AROUND DOESN'T HAPPEN OVERNIGHT. IT TAKES SOMEBODY TO ROLL UP THE SLEEVES AND GET THAT JOB DONE. I APPRECIATE THE WORK YOU HAVE DONE TO DO THAT. IN TERMS OF THE DEPARTMENT AND WITH THE TRIAGE CENTER, THE GATEWAY CENTER, KNOWING THAT WORK IS PROBABLY, WHEN WE TALK ABOUT PUBLIC SAFETY FOR ME THAT IS PARAMOUNT. AND WE ADDRESS THE ISSUES IN OUR COMMUNITY AND ROOT CAUSES. THAT IS SOMETHING THAT TAKES TIME TO GET DONE. I JUST WANT TO SAY HOW MUCH I REALLY APPRECIATE YOU, THE WORK YOU'VE DONE, I WISH YOU WELL IN YOUR FUTURE ENDEAVORS. >>COUN. LEWIS: I JUST WANT TO MAKE A COMMENT. I WANT TO LOOK UP THE EXPECTATION THAT DURING THE QUESTION AND ANSWER TIME. I DON'T THINK THE EXPECTATION SHOULD BE THAT THERE ARE -- THAT WE NOTIFY YOU OF ANY QUESTIONS WE MIGHT HAVE FOR THE MEETING. I THINK THE EXPECTATION SHOULD BE THERE MIGHT BE ANY QUESTION FROM THIS COUNCIL AND THE ADMINISTRATION NEEDS TO BE READY. THE DEPARTMENT NEEDS TO BE READY AND AVAILABLE FOR THIS MEETING. AND THE ADMINISTRATION NEEDS TO BE READY TO ANSWER ANY AND ALL QUESTIONS DURING THIS TIME. THAT'S WHAT THIS TIME IS FOR. I DON'T WANT THE EXPECTATION THAT IF WE DON'T NOTIFY YOU OF QUESTIONS AHEAD OF TIME THAT SOMEHOW WE GET TO PASS THOSE OFF UNTIL THE NEXT MEETING. MR. PRESIDENT, WE NEED TO UPHOLD THAT EXPECTATION. >>COUN. BENTON: THANK YOU FOR THE POINT, COUNCILOR. I AGREE. I DO ALWAYS ENCOURAGE COUNCILORS, THAT IF YOU KNOW GIVE THEM ADVANCE NOTICE TO GET THE BEST POSSIBLE ANSWER FOR YOU YOU ON THE SPOT. AT THE SAME TIME, YEAH, I DO AGREE. WITH EVERYTHING YOU SAID, REALLY. I DON'T KNOW IF THERE'S EXCEPTIONS IN THAT DIRECTOR'S POSITIONS THAT WE CAN HAVE A DISCUSSION ABOUT THAT. I KNOW WE KNOW WHICH ONES ARE COMMONLY QUESTIONS FOR. I HEAR YOU. THAT HAS BEEN THE TRADITION OF THE PAST THAT THE DEPARTMENT DIRECTORS ARE HERE. I CAN ASSURE THAT WE CAN ALSO DISCUSS ABOUT SCHEDULING THE -- WE'VE HAD INTERACTIONS WITH REGARD TO THE AGENDA ORDER OF BUSINESS. WE WANT TO BE RESPECTFUL OF EVERYONE'S TIME. THERE'S ONLY TWICE A MONTH WHEN THE PUBLIC IS HERE. THEY NEED TO BE HERE WHENEVER POSSIBLE TO ANSWER AT THAT TIME, THOSE WHO ARE RESPONSIBLE FOR THE RESPECTIVE DEPARTMENT. COUNCILOR SANCHEZ, YOU HAD ANOTHER QUESTION. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. IT'S ALSO ANOTHER COMMENT OR SUGGESTION, I GUESS YOU CAN SAY, SOMETHING WE THINK IS VERY IMPORTANT GOING ON WITH THE CITY. THAT IS THE ISSUE OF CRIME. THIS WEEKEND WE HAD SEVERAL ISSUES THAT POPPED UP. IN MY DISTRICT A 4-YEAR-OLD WAS SHOT IN THE FOOT AT PAT HURLEY PARK. WE ALSO HAD A STABBING ON THE RAIL RUNNER. AND AN OFFICER SAW A MAN WALKING AROUND TRAMWAY AND CENTRAL WITH THE GUN. ALL THESE THINGS ARE GOING ON IN OUR CITY AND IT'S INDICATIVE OF THE ADMINISTRATION, THE POLICE DEPARTMENT, THE POLICE CHIEF, TO MAKE SURE THEY KEEP US APRIZED EVERY SINGLE MEETING AND INCLUDING PUBLIC SAFETY COMMITTEE OF WHAT'S GOING ON IN REFERENCE TO OUR NUMBERS, OUR MANPOWER, HOW MANY OFFICERS ARE ASSIGNED TO FIELD SERVICES, WHEN FIELD SERVICES HAS GONE DOWN IN MANPOWER, WHEN IT'S GONE UP. I THINK IT'S VERY IMPORTANT THAT THE CITIZEN AND THE CITY COUNCIL KNOW ON AT LEAST A TWO-WEEK BASIS WHERE WE STAND IN REFERENCE TO RECRUITING. IF THERE'S ANY NEW CLASSES COMING IN. ALL OF THESE THINGS ARE VERY, VERY IMPORTANT TO THE CITIZENS OFFENSE ALBUQUERQUE. EVERY SINGLE MEETING I'VE BEEN ON AND WATCHED NONE OF THESE THINGS HAVE EVER COME UP. I REALLY LIKE TO SEE IF WE CAN MAKE THAT A STANDING POSITION ON OUR MEETINGS THAT WE CAN KNOW WHAT'S GOING ON. I'D REALLY LIKE TO SEE SOME SORT OF ACCOUNTABILITY MATRIX IF WE'RE DOING WHAT WE NEED TO BE DOING. THAT'S TO ANSWER CALLS FOR SERVICE. 911 CALLS. NOT 36 ADMINISTRATORS OR POLITICALLY POINTED PEOPLE THAT ARE ON THE POLICE DEPARTMENT RIGHT NOW. THAT'S ALL I'VE GOT TO SAY. >>COUN. BENTON: ANY OTHER QUESTIONS FOR THE ADMINISTRATION? I JUST WANTED TO ECHO COMMENTS FROM COUNCILOR PEÑA. APPRECIATION OF MS. NAIR. SHE'S A VERY FINE PROFESSIONAL AND HAS BEEN A GREAT REPRESENTATIVE OF THE CITY AS THE NUMBER TWO IN THE PECKING ORDER. THANK YOU FOR ALL YOUR WORK. >>COUN. BENTON: WE'LL MOVE TO THE JOURNAL. COUNCILOR LEWIS. >>COUN. LEWIS: I MOVE APPROVAL OF THE MARCH 7 JOURNAL. >>COUN. BENTON: MOTION AND A SECOND. WE CAN VOTE BY HAND NOW, RIGHT? GOOD OLD DAYS. ALL RIGHT. ALL THOSE IN FAVOR SAY YES. OPPOSED? THAT PASSES UNANIMOUSLY. I THINK WE'RE READY FOR GENERAL PUBLIC COMMENT. MR. MOYA. >> THANK YOU, MR. PRESIDENT. IF WE CAN HAVE KELLY TRY AGAIN. SORRY KELLY. IT SEEMS LIKE WE'RE HAVING THE SAME ISSUE. >>COUN. BENTON: COUNCILORS, WE'RE GOING TO MOVE ON. SORRY MA'AM. THANKS FOR STAYING WITH US. WE'LL TRY TO GET YOUR AUDIO WORKING SO WE CAN HEAR YOU. APOLOGIES. WE'LL MOVE TO COMMUNICATIONS AND INTRODUCTION. ARE THERE ANY CHANGES TO THE LETTER OF INTRODUCTION? SEEING NONE. >>COUN. LEWIS: I MOVE APPROVAL OF THE LETTER OF INTRODUCTION. >>COUN. BENTON: SECOND FROM COUNCILOR GROUT. ALL THOSE IN FAVOR SAY YES. OPPOSED? THAT PASSES UNANIMOUSLY. WE'LL MOVE TO REPORTS OF COMMITTEES. STARTING WITH COUNCILOR DAVIS. >>COUN. DAVIS: THANK YOU, MR. PRESIDENT. FINANCE AND GOVERNMENT OPERATION COMMITTEE MET ON MONDAY MARCH 14 AND REPORTED. EC28, 29, 30, 31 -- THEY WE [ INAUDIBLE ]. >>COUN. BENTON: SECOND FROM -- THANK YOU. WE HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR SAY YES. OPPOSED? THAT PASSES UNANIMOUSLY. COUNCILOR SANCHEZ. >>COUN. SANCHEZ: THE PUBLIC SAFETY COMMITTEE MET ON MARCH 15, AND REPORTS THE FOLLOWING ITEMS. IN THE MATTER OF -- I MAKE A MOTION TO ACCEPT THE REPORT. >>COUN. BENTON: THANK YOU. THERE'S A MOTION FROM -- ALL THOSE IN FAVOR SAY YES. THAT PASSES. COUNCILOR JONES. >>COUN. JONES: THANK YOU, MR. PRESIDENT. THE LAND USE PLANNING AND ZONING COMMITTEE MET ON MARCH 16. ASK REPORTS THE FOLLOWING ITEM. R-8 IS DUE PASS. I MAKE A MOTION TO ACCEPT THE COMMITTEE REPORT. [ INAUDIBLE ]. >> MR. PRESIDENT. >> I MOVE APPROVAL OF THE CONSENT AGENDA. >>COUN. BENTON: IT LOOKS LIKE WE -- >> THANK YOU, MR. PRESIDENT. KELLY, IF WE CAN HAVE YOU TRY AGAIN. >> HELLO. >> WE CAN HEAR YOU NOW. YOUR TWO MINUTES WITH WILL BEGIN WHEN YOU START SPEAKING. THANK YOU. >> OKAY. FIRST OF ALL, TO COUNCILORS COUNCILOR FIEBELKORN, COUNCILOR DAVIS, AND COUNCILOR BENTON, THANK YOU FOR WATCHING OUT FOR THE PEOPLE OF ALBUQUERQUE AND REFUSING TO BOW TO COUNCILOR BASSAN'S ATTEMPT TO KEEP ALBUQUERQUE TRASHED WITH LITTER AND PLASTIC FROM A COUPLE OF WEEKS AGO WHEN YOU ALL VOTED FOR THE PLASTIC BAN REPEAL. COUNCILOR GROUT, COUNCILOR LEWIS, COUNCILOR JONES, COUNCILOR PEÑA, COUNCILOR SANCHEZ AND COUNCILOR BASSAN, SIX OF YOU VOTED TO REPEAL THE PLASTIC BAN BEFORE THE CITY WAS ABLE TO COMPLETE THE STUDY ON THE BAN'S IMPACT. YOU LISTENED TO HOURS OF TESTIMONY FROM PEOPLE AND BUSINESSES WHO WANTED YOU TO NOT REPEAL THE BAN AND YOU DID NOT CARE WHAT THE PUBLIC ASKED YOU TO DO. WHAT YOU'RE TELLING THE CITIZENS OF ALBUQUERQUE IS THAT YOU REALLY DON'T CARE THAT OUR CITY GETS TRASHED BY THE LITTER AND PLASTIC. YOU DON'T CARE THAT PLASTIC BAGS ARE CLOGGING OUR RIVERS AND STREAMS. AND NO, COUNCILORS, RECYCLING BAGS WILL NOT SOLVE OUR PLASTIC PROBLEM. ONLY 7% OF SINGLE USE BAGS ACTUALLY GET RECYCLED. PLASTIC IS FOREVER. HERE IS THE DEAL, COUNCILORS, WHETHER OR NOT YOU LIKE IT THIS IS THE DIRECTION THE WORLD IS GOING AND YOU CAN TRY AND STOP THE BAN FOR NOW AND KEEP ALBUQUERQUE IN THE 20th CENTURY, BUT THE TRUTH IS IS PLASTIC BANS TO WORK. DATA SHOWS THAT WHEN PLASTIC BAG BANS ARE IN PLACE PEOPLE BECOME MORE AWARE OF THEIR PLASTIC CONSUMPTION AND REDICE THEIR CONSUMPTION. ALBUQUERQUE WILL EVENTUALLY BAN THE PLASTIC BAG. IT MAY TAKE SEVERAL YEARS. IT WILL HAPPEN WHETHER YOU'RE ON THE COUNCIL OR NOT. THANK YOU FOR YOUR TIME. >> THANK YOU. OUR NEXT SPEAKER IS ASHLEY. TURN YOUR VIDEO ON, UNMUTE YOURSELF. >> HELLO, COUNCILOR BENTON, MEMBERS OF THE COUNCIL. I JUST WANT TO SAY YOU GUYS GOT A LITTLE ECHO ON THE VIDEO. WE NEED PUBLIC SCHOOL TEACHERS TO HELP YOU. I'M JUST HERE TO ECHO WHAT KELLY HAS SAID WE'RE HIGHLY DIDN'TED IN THE COUNCIL'S DECISION TO REPEAL THE ALBUQUERQUE CLEAN AND GREEN ORDINANCE. WE ARE NOT GOING AWAY. THIS IS AN ISSUE THAT IS VERY IMPORTANT. MUCH LIKE OTHER ISSUES WITHIN OUR CITY WE ARE GOING TO CONTINUE TO WORK ON THIS. I HAVE A GREAT PLEASURE EVEN THOUGH THE SUN IS SETTING BEHIND ME OF SITTING IN FRONT OF -- I DON'T KNOW IF ANY OF YOU HAVE BEEN UP NORTH LATELY, IT IS NO LONGER A LAKE OR A DAM. IT'S BARELY A RIVER. WE HAVE TO START TO PUT OUR ENVIRONMENT FIRST. CLEANING UP ALBUQUERQUE IS VERY IMPORTANT BUT WE HAVE TO HIT ALL ENVIRONMENTAL ISSUES OR WE WILL NOT HAVE ANY FUTURE. ALBUQUERQUE HAS COME TOGETHER, WE HAVE FORMED CONNECTIONS AND WE HAVE FORMED A COMMUNITY AROUND THE ISSUE. YOU SHOULD BE WORKING WITH US TO HELP ALL OF THE BUSINESSES MOVE TOGETHER. WHICH WE STILL HAVEN'T SEEN ANY BUSINESSES, NOT ONE, SHOW UP TO CONTEST THIS ORDINANCE. I'M ASKING YOU TO CONTINUE TO UPHOLD AND SUPPORT THE MAYOR WITH THE CLEAN AND GREEN RETAIL ORDINANCE. >> THANK YOU. OUR NEXT SPEAKER IS ANNIE. >> OKAY, I'M HAVING DIFFICULTY WITH THE VIDEO. IT'S OKAY. I'LL GO RIGHT NOW DEAR MEMBERS OF CITY COUNCIL, I WANT TO READ YOU A LETTER BY THE WATER PROTECTION ADVISORY BOARD ASKING YOU TO CONSIDER THE IMPACT OF PLASTIC BANS ON WATER RESOURCES. IF YOU KNOW THE RIO GRANDE WHICH IS OUR PRIMARY DRINKING SOURCE FOR ALBUQUERQUE AND IT'S WELL STUDIED CHALLENGE WHEN IT COMES TO WATER QUALITY -- >> ANNIE, ARE YOU THERE? >> FORMING THE MICROPLASTIC PARTICLES. PLASTIC BAGS ALSO UNDERMINE THE CITY'S ABILITY TO COMPLY WITH THE FEDERAL EPA PERMIT. THIS IS TO PREVENT TRASH INCLUDING PLASTIC BAGS FROM ENTERING THE STORM SYSTEMS AND DISCHARGING INTO THE RIO GRANDE AND OTHER WATER WAYS. THE CITY COLLECTIONS AND DISPOSES APPROXIMATELY FIVE SEMI TRUCKS OF PLASTIC BANS. FIVE SEMI TRUCKLOADS OF PLASTIC BAGS PER YEAR OUT OF THE STORM DRAINS. ADDRESSING IT IS COSTLY FOR THE CITY. IF IT'S NOT MITIGATED THROUGH THE CITY WIDE PROGRAMS THEN IT'S JUST POLLUTING OUR STORM DRAINS. THIS IS A LETTER BY THE WATER PROTECTION ADVISORY BOARD THAT I READ TO YOU THIS EVENING. THANK YOU FOR YOUR TIME. >> THANK YOU. OUR NEXT SPEAKER IS ANDREA. TURN YOUR VIDEO ON, AND YOUR TWO MINUTES WILL BEGIN WHEN YOU START SPEAKING. >> I AM COMING ON BEHALF OF THE GEORGIA OKEEFE ELEMENTARY. I'VE HAD A PLEASURE WITH SPEAKING WITH SOME OF THE COUNCILORS. MY QUESTION IS, LAST DECEMBER WE HAD A VERY TRAGIC ACCIDENT AND WE LOST ONE OF THE SECOND GRADE BOYS AT THE RIVER OF LIGHTS. HE WAS HIT BY A DRUNK DRIVER. AFTER THAT IT REALLY FEELS LIKE THE BALL HAS BEEN DROPPED ASK NOTHING HAS BEEN DONE TO PROTECT THE SAFETY OF OUR CHILDREN. I WOULD LIKE TO ADDRESS THE FACT THAT OUR COMMUNITY IS STILL GRIEVING OVER THIS CHILD. AND WE ALSO KNOW THERE'S GOING TO BE THE POSSIBILITY OF AN INCREASE OF FOOT TRAFFIC NEAR THE BIO PARK OVER THE SUMMER ESPECIALLY WITH THE NEW SHOP CENTER THAT HAS BEEN IN THE AREA. I WOULD JUST LIKE TO REALLY PUSH THE IDEA THAT THERE NEEDS TO BE SOMETHING DONE IN THAT AREA TO MAKE SURE THAT OUR CHILDREN ARE SAFE AND OUR FAMILIES ARE SAFE AND NOT TO FORGET WHAT HAPPENED TO HIM. BECAUSE I KNOW WE SURE WON'T. >>COUN. BENTON: I'D LIKE TO SPEAK TO THAT. IT'S IN MY DISTRICT. THE TRAGIC ACCIDENT THAT THE SPEAKER REFERRED TO OCCURRED, AS PEOPLE KNOW, RIGHT AT TINGLY DRIVE AND CENTRAL. THAT SEGMENT AND THE BIG CURVE THERE THAT LEADS INTO IF YOU'RE COMING EASTWARD, JUST AN OBSERVATION, IT'S CLEARLY THESE ARE WELL IN EXCESS OF THE POSTED SPEED LIMIT. I WANT TO COMMEND OUR AREA COMMANDER AND APD DEPUTY CHIEF FOR TAKING THIS VERY SERIOUSLY. WE CAN'T ENFORCE OUR WAY ENTIRELY OUT OF THIS. I THINK WE NEED SOME DESIGN CHANGES WITH THAT SEGMENT. I DON'T KNOW EXACTLY WHAT THEY ARE. I'M NOT A TRANSPORTATION ENGINEER. I PLAY ONE ON TV. I THINK WE BETTER TAKE A HARD LOOK AT IT. SOME FOLKS IN THE ADJACENT NEIGHBORHOODS HAVE SAID MAYBE WE NEED A SPEED TABLE AT THE INTERSECTION OF NEW YORK. I THINK ANY AND ALL METHOD TO SLOWING DOWN TRAFFIC. WE KNOW IT'S EVERYWHERE. I THINK WE NEED TO LOOK AT IT THROUGH DESIGN. IT WAS A TRAGEDY. EVERYONE SHARES THE SENSIBLE LOSS. >>COUN. SANCHEZ: I ALSO WANT TO SEE IF THERE'S ANYTHING THAT CAN BE DONE AS AN IMMEDIATE REMEDY. IS THERE ANYTHING THE ADMINISTRATION CAN DO TO DO SOMETHING RIGHT NOW. MAYBE LOWER THE SPEED LIMIT SIGNS. MAYBE ADD SIGNS THAT SAY CONGESTED AREA. THOSE KINDS OF THINGS TO JUST TO HELP WITH THE CALMING OF TRAFFIC RIGHT NOW SO THAT WE'RE GETTING INTO SPRINGTIME AND THERE'S GOING TO BE A LOT OF PEOPLE CROSSING THE STREET BACK AND FORTH AND JJ -- I JUST WANT TO MAKE SURE WE DON'T HAVE ANY OTHER ISSUES. IF THERE'S ANYTHING THE ADMINISTRATION CAN DO WHILE WE DO THE STUDY THAT WOULD DEFINITELY HELP. THANK YOU. >>COUN. BENTON: THANK YOU, COUNCILOR. WE'LL MOVE TO THE NEXT SPEAKER. COUNCILOR BASSAN, I'M SORRY. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. I KNOW I'VE BEEN IN CONTACT WITH MS. HUMPHREY QUITE A BIT. SHE'S IN DISTRICT FOUR AND WITH COMMUNICATION WITH YOU. I ASK YOUR STAFF IF YOU CAN WORK ON -- BY THAT AREA SHE'S BEEN ASKING TO MEET WITH HER TO FIND SOME KIND OF HELP. >>COUN. BENTON: ABSOLUTELY. IT IS TAKEN VERY SERIOUSLY. IT WAS A KNOWN PROBLEM PRIOR TO THIS. WE HAVE TO STAY AFTER IT. I APPRECIATE HER SPEAKING TONIGHT. ANYONE ELSE? NEXT SPEAKER. >> THANK YOU, ALL -- MR. PRESIDENT. OUR NEXT SPEAKER IS CONY. TURN YOUR VIDEO ON, UNMUTE YOURSELF, YOUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> I'M -- I'VE ALREADY WRITTEN MY ACCOLADES ON BEHALF OF SARITA SUBMITTED IN WRITING. THERE'S A KEY POINT I WANT TO MAKE SURE I CONVEY. THAT IS IT WAS THE WORK FROM A LOT OF PEOPLE. YOURSELF INCLUDED, THE CITY COUNCIL, MAYOR'S OFFICE, AND APD AS WELL AS THE NON-PROFITS IN THIS WORK THAT FIXED THE PROBLEM OF THE UNTESTED SEXUAL ASSAULT KITS. THAT IS FIXED IN ALBUQUERQUE. COUNCILOR BENTON AND COUNCILOR DAVIS, YOUR INITIATIVES ARE STILL HAPPENING. WE'RE MOVING FORWARD. SARITA AND THE MAYOR GAVE US ATTENTION. THEY LISTENED TO US WHEN WE HAD PROBLEMS. AND APD, I'M PROBABLY THE ONLY PERSON IN ALBUQUERQUE THAT SPEAKS WELL OF APD BUT THEIR SEX CRIMES ARE DOING AN INCREDIBLE JOB. ALBUQUERQUE TESTED OVER 5,000 KIT AND THE PROBLEM HAS NOT REPEATED. I WANT TO SAY THANK YOU. I HOPE I HAVE ANOTHER GOOD RELATIONSHIP WITH THE NEXT CHIEF OFFICER. AND IF YOU HAVE ANY QUESTIONS OR PROBLEMS OR NEED MORE INFORMATION ABOUT SEXUAL ASSAULT IN ALBUQUERQUE, WE'RE DOING THE WORK. WE'RE SERVING PATIENT AND THANK YOU FOR SUPPORTING OUR WORK. THAT'S IT. >> THANK YOU. MR. PRESIDENT, WE HAD A HANDFUL OF OTHER FOLKS SIGNED UP TO SPEAK, BUT THEY HAVE NOT ATTENDED THE MEETING FOR GENERAL PUBLIC COMMENT. THAT WILL CONCLUDE PUBLIC COMMENT. >>COUN. BENTON: THANK YOU. THIS IS OUR FIRST TIME, APOLOGIES FOR THE TECHNICAL DIFFICULTIES. WE DID GET EFFECTS THAT IT'S HARD TO HEAR THE COUNCIL ONLINE. THAT WAS THREE MINUTES AGO. ANYWAY, WE'LL KEEP SHAKING THIS OUT. AND IMPROVING IT. THIS IS OUR FIRST RUN AT IT. WE'LL MOVE TO ANNOUNCEMENTS. COUNCILOR BASSAN. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. THERE WILL BE AN ALBUQUERQUE BERNALILLO COUNTY GOVERNMENT COMMISSION ON THURSDAY MARCH 24th AT 5 P.M. VIA ZOOM. >>COUN. BENTON: COUNCILOR JONES. >>COUN. JONES: LAND USE PLANNING MEETING REPORTS THE FOLLOWING ITEM. >>COUN. BENTON: COUNCILOR, THIS WAS THE ANNOUNCEMENT OF THE UPCOMING MEETING. >>COUN. BENTON: THERE WILL BE A LAND USE PLANNING AND ZONING MEETING ON MARCH 30th AT 5 P.M. IN THE VINCENT E. GRIEGO CHAMBERS. PUBLIC PARTICIPATION FOR THIS MEETING WILL BE VIA ZOOM. WE'LL MOVE TO PUBLIC HEARINGS. THE FIRST ONE IS AC2117. MODRALL SPERLING LAW FIRM AGENT FOR COLUMBUS PROPERTIES APPEALS THE -- THIS HAS BEEN WITHDRAWN. I MAKE A MOTION TO ACCEPT. ALL THOSE IN FAVOR SAY YES. OPPOSED? THAT PASSES. NEXT IS ITEM B UNDER PUBLIC HEARINGS. THIS IS AC21-1. AGENT FOR KAREN BAER AND OTHERS SET OUT IN THE APPEAL APPLICATION APPEALS THE DECISION OF THE DEVELOPMENT REVIEW BOARD. COUNCILOR BASSAN. >>COUN. BASSAN: FOR THE RECORD, I BELIEVE YOU MIGHT HAVE SAID AC21-1, IT'S AC22-1. IT'S OKAY. DUE TO MY QUITE A BIT OF INVOLVEMENT WAY BEFORE I WAS ON THE COUNCIL, I'M GOING TO RECUSE MYSELF FROM THIS MATTER. >>COUN. BENTON: THANKS, COUNCILOR. AND THERE WILL BE AN EX-PLANATION OF THIS APPEAL. >> CONSIDERING YOUR LAND USE HEARING OFFICER RECOMMENDATION. THE ISSUE IS WHETHER OR NOT TO REMAND A SITE PLAN APPROVAL TO AN INDEPENDENT HEARING OFFICER FOR COMPLETE REHEARING FOLLOWING ALLEGED DEFICIENCIES IN A COURT ORDERED DRB REMAND HEARING ON DECEMBER 3, 2021. THE DRB DETERMINED THE SITE PLAN SHOULD BE APPROVED BECAUSE IT SATISFIES THE IDO. INDIVIDUAL NEIGHBORS AND NEIGHBORHOOD ASSOCIATIONS APPEALED THE APPROVAL. THE PLAN IS FOR A 93 UNIT APARTMENT FACILITY AT THE CORNER OF ALAMEDA AND BARSTOW LOCATED IN COUNCIL DISTRICT FOUR. THIS APPEAL CONCERNS PROCEDURAL ISSUES AT A COURT ORDERED DRB REMAND HEARING. THIS APPEAL HAS A LENGTHY HISTORY. WITH THIS MATTER BEING APPEALED AND REMANDED TO THE DRB THREE TIMES DUE TO ALLEGED ISSUES IN ITS HEARING PROCESSES. THE FIRST DRB HEARING WAS HELD IN 2019 IN WHICH THE SITE PLAN WAS APPROVED AND SUBSEQUENTLY APPROVED. IT WAS REMANDED BACK TO THE DRB FOR A NEW HEARING THAT COMPLIED WITH DUE PROCESS. THE SECOND DRB HEARING WAS HELD IN 2020 THE SITE PLAN WAS APPROVED AND AAPPEALED. THE LUHO RECOMMENDED IT BE DENIED. FOLLOWING THE COUNCIL'S DENIAL OF THE APPEAL THE APPELLANTS APPEALED TO THE SECOND JUDICIAL COURT, THE CLERK -- IT MUST BE REMANDED FOR A QUASI JUDICIAL HEARING WITH SPECIFIC INSTRUCTIONS FOR THE DRB TO MAKE EXPLICIT FINDINGS BACKING UP THE DECISION. THE THIRD COURT ORDERED HEARING WAS ON DECEMBER 3, 2021. THEY APPROVED THE SITE PLAN AND AN APPELLANT FILED THE APPEAL BEFORE YOU. THEY DETERMINED IT MUST BE SENT BACK FOR A HEARING OF THE SITE PLAN APPLICATION. THIS STEMS FROM THE FAILURES OF THE DRB TO SATISFY WHAT THE COURT RECORDED. THEY FOUND A NUMBER OF PROCEDURAL DEFICIENCIES IN THE THIRD REMAND HEARING IN VIOLATION OF THE COURT'S ORDER AND DUE PROCESS REQUIREMENTS. AND THE LUHO FOUND THE DRB FAILED TO FULLY EXPLAIN ITS FINDINGS. RATHER THAN EXERCISING HIS AUTHORITY TO DIRECTLY REMAND THE CASE TO THE DRB TO REHEAR THIS MATTER, THE CITY COUNCIL SHOULD REMAND THIS TO AN INDEPENDENT HEARING OFFICER FOR A REHEARING. THE LUHO RECOMMENDS CONSOLIDATING THE PRIOR APPEAL RECORDS AND A COUPLE OF OTHER THINGS TO NOTE, THE LUHO RECOMMENDATION FOCUSES ON PROCEDURAL DEFICIENCIES ALLEGED BY THE APPELLANT RELATIVE TO THE DRB HEARING PROCESS NOT SPECIFIC QUESTIONS RELATED TO THE IDO CRITERIA FOR THE SITE PLAN. SOME OF THE APPELLANTS SUBMITTED WRITTEN COMMENTS TO THE COUNCIL, THE MAJORITY OF WHICH ARE IN AGREEMENT WITH THE LUHO RECOMMENDATION TO REFER THIS TO AN INDEPENDENT HEARING OFFICER. TWO OF THE APPELLANTS THAT SUBMITTED WRITTEN COMMENTS DISAGREED BUT THEIR RATIONALE WAS FOCUSED ON THE FACT THIS DEVELOPMENT SHOULD NOT BE APPROVED AT ALL REGARDLESS OF THE HEARING PROCEDURES. CITY STAFF HAS ARRANGED FOR AN INDEPENDENT HEARING OFFICER FOR THIS SPECIFIC CASE IN THE EVENT THE CITY COUNCIL FOLLOWS THE RECOMMENDATION. FINALLY, THIS IS AN ACCEPT OR REJECT. THE COUNCIL'S OPTION ARE TO ACCEPT THE RECOMMENDATION WITH OR WITHOUT ADOPTING ANY DIFFERENT FINDINGS WHICH WOULD SEND THIS TO AN INDEPENDENT HEARING OFFICER OR COUNCIL CAN REJECT THE RECOMMENDATION IN WHICH CASE THIS WOULD GET SENT BACK TO THE DRB FOR A FOURTH REHEARING OR A COUNCIL CAN HEAR A FULL HEARING ON THE MATTER. >>COUN. BENTON: THANK YOU. OTHER QUESTIONS? THANK YOU FOR THAT. WE DO HAVE THE -- BEFORE US. IS THERE A MOTION? >>COUN. PEÑA: I'D MAKE A MOTION TO ACCEPT THE RECOMMENDATIONS AND FINDINGS. >>COUN. BENTON: THERE'S A SECOND FROM COUNCILOR GROUT. THANK YOU. THERE'S A MOTION TO ACCEPT THE FINDING IN THIS WILL SEND THE MATTER TO THE AN INDEPENDENT HEARING OFFICER AS OPPOSED BACK TO THE DRB. ALL THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. OPPOSED? PASSES. COUNCILORS, THERE'S STILL AUDIO DIFFICULTIES IN THE ROOM AND I'M GUILTY TOO. TRY TO MAKE SURE YOUR MICROPHONE, AND STAFF AS WELL, WHEN YOU SPEAK, HAVE YOUR MICROPHONE AS DIRECTLY AS POSSIBLE SO YOU CAN SPEAK INTO IT DIRECTLY. THANK YOU. WE DON'T HAVE ANY APPROVALS. WE HAVE FINAL ACTIONS. WE'LL START WITH COUNCILOR BASSAN. 0-12. SHE'S NOT BACK YET. TAKE YOUR TIME. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. O-12 IS APPROVING THE PROJECT INVOLVING PARAJITO TO SUPPORT THE IMPROVEMENT COST FOR RENEWABLE ENERGY AND MANUFACTURING FACILITY LOCATED IN ALBUQUERQUE. I MOVE A DUE PASS. >> GOOD EVENING, COUNCIL. WE PROPOSE THAT THE ALBUQUERQUE BE THE -- FOR THE CONSTRUCTION OF A FACILITY. IT WAS APPROVED FOR $250,000 AND SEEKING $25,000 FOR LEADA FUNDING FOR THE PROJECT. THIS WILL CREATE 51 NEW JOBS. MR. CHAVEZ WILL OUTLINE IT A LITTLE BIT MORE. >> CAN YOU HEAR ME OKAY? THE ORDINANCE WILL ALLOW FOR REIMBURSEMENT OF APPROVED PROJECT COST THAT PARAJITO POWDER CAN TAKE TO HAVE THE CONSTRUCTION FOR MANUFACTURING FACILITY. THEY MAKE CATALYST FOR FUEL CELLS. THEY ARE GOING TO HIRE 51 NEW EMPLOYEES. THEY'RE GOING TO MOVE FROM THEIR CURRENT LOCATION TO A LARGER LOCATION. THE TOTAL NEW PAYROLL WILL BE OVER $3.71 MILLION. THEY WILL HAVE THIS PROJECT FOR TEN YEARS AND THEY EXPECT THE FACILITY TO BE FULLY OPERATIONAL BY THE END OF 2022. OVERALL IT THE CITY WILL RECEIVE ECONOMIC IMPACT OF $471,000. THIS IS A QUALIFIED PROJECT UNDER THE STATE'S STATUTE AND THE CITY ENABLING LEGISLATION. BASED ON THE ABOVE FINDING THE STAFF RECOMMENDS THE APPROVAL OF THE -- >>COUN. BENTON: THANK YOU. WE'RE GOING TO HEAR FROM PAJARITO POWER VIA ZOOM. >> MR. PRESIDENT, MEMBERS OF THE COUNCIL. THANK YOU FOR THE OPPORTUNITY TO ADDRESS YOU. I THINK THE PROJECT, YOU HAVE A SUMMARY, ONE OF THE THINGS I'LL SAY IS WE'RE HOME-GROWN NEW MEXICO BUSINESS. WE STARTED IN ALBUQUERQUE IN 2012. WE'RE VERY EXCITED ABOUT OUR GROWTH. IT'S BEEN SUPPORTED WITH INVESTMENT LOCALLY AND INCREASINGLY INTERNATIONALLY INCLUDING MAJOR INVESTMENT WE'VE RECEIVED. THIS IS GOING TO GIVE US THE OPPORTUNITY TO BE ABLE TO EXPAND OUR FACILITIES AND CONTINUE TO SERVICE OUR CUSTOMER BASE WHICH CONSTITUTES CUSTOMERS THAT ARE FROM AROUND THE WORLD. IN FACT, THE VAST MAJORITY OF THE CUSTOMERS ARE OUTSIDE OF THE UNITED STATES. WE'RE A NET EXPORTER OF ACTIVITY OF OUR PRODUCTS TO OTHER COUNTRIES IN EUROPE, KOREA AND JAPAN. AND IN SOUTH AMERICA. WE CONTINUE TO BE VERY EXCITED ABOUT THE PROSPECTS FOR OUR GROWTH IN OUR HOMETOWN OF ALBUQUERQUE. WE APPRECIATE THE CONSIDERATION FOR THE FUNDING BOTH IN SUPPORT FOR BEING A FISCAL AGENT FOR THE STATE PROGRAM AND THE ADDITIONAL COMPLIMENT FROM THE CITY OF ALBUQUERQUE AS WELL. >>COUN. BENTON: MR. JOHNSON. ARE YOU GOING TO SPEAK? >> MY APOLOGIES, I DON'T HAVE ANY ADDITIONAL COMMENT. >>COUN. BENTON: THANK YOU. ALSO WISHING TO SPEAK IN SUPPORT IS DANIELLE CASEY REGIONAL ALBUQUERQUE ECONOMIC ALLIANCE. >> GOOD EVENING, I SIMPLY WANT TO ECHO SUPPORT FOR THIS PROJECT. AND HOPEFULLY A CONGRATULATIONS FOR THEIR EXPANSION AND THIS ADDITIONAL INVESTMENT IN THE MARKET. THANK YOU. >>COUN. BENTON: THANK YOU. WE HAVE MAX FROM OUR STATE ECONOMIC DEVELOPMENT DEPARTMENT. >> COUNCILOR BENTON, COUNCILORS, THANK YOU FOR THE OPPORTUNITY TO SPEAK. I'M HAVING SOME CHALLENGES WITH THE SOUND SO LET ME SAY VERY QUICKLY TO THE POINT, WE ARE ABSOLUTELY THRILLED TO BE ABLE TO SUPPORT THIS COMPANY, THIS HOME-GROWN COMPANY THROUGH STATE FUNDS. I JUST WANT TO EXTEND MY MOST HEART FELT THANKS TO THE CITY ECONOMIC DEVELOPMENT DEPARTMENT FOR SERVING AS A FISCAL AGENT FOR THE STATE FUNDS. I'LL STAND FOR ANY QUESTIONS. THANK YOU. >>COUN. BENTON: THANK YOU VERY MUCH. COUNCILORS, SEE HAVE THE ECONOMIC DEVELOPMENT DEPARTMENT AVAILABLE ON ZOOM TO ANSWER ANY QUESTIONS. ANY QUESTIONS, HE'S RIGHT HERE? ANY QUESTIONS. COUNCILOR DAVIS. >>COUN. DAVIS: MY MIC WORKS. MR. PRESIDENT, THANK YOU SO MUCH. COUNCILOR BASSAN, THANK YOU FOR BRINGING TO US. DIRECTOR ASHLEY, I THINK THIS IS YOUR FIRST PROJECT. >> FIRST TIME I'VE BEEN HERE IN 15 YEARS. >>COUN. DAVIS: GOOD, YOU'RE BRINGING GOOD NEWS. DON'T BE ONE OF THE -- THANK YOU SO MUCH. SOME OF US AT THE FINANCE AND GOVERNMENT OPERATION COMMITTEE GOT TO HEAR IN DEPTH AND TIME. I WANT TO ACKNOWLEDGE AND SAY THANK YOU TO THE FOLKS AT PAJARITO. THEY USED ALL OF THE TOOLS AS A NEW MEXICO SMALL COMPANY START UP. THINGS LIKE JOB TRAINING PROGRAMS, SMALL BUSINESS START-UP GRANTS THAT BECAME HOW TO GO TO THE NEXT LEVEL GRANTS. AND REALLY HAS TAKEN ADVANTAGE AND PARTNER WITH THE STATE AND CITY WITH THEIR GROWTH. QUITE FRANKLY THIS IS ANOTHER COMPANY, ALWAYS WANT TO MAKE THIS POINT, MR. PRESIDENT. THIS IS ANOTHER COMPANY INVESTING IN WHAT IS BEST IN NEW MEXICO. THIS IS RENEWABLE ENERGY. THIS IS SUPPORTING ENERGY TRANSITION IN OUR CITY AND STATE. COUNCILOR BASSAN, CONGRATULATIONS FOR HAVING ANOTHER GREAT BUSINESS IN YOUR DISTRICT. THANKS TO THIS COUNCIL AND ADMINISTRATION FOR WORKING WITH THEM. AND THANKS TO THEM AND THEIR TEAM. >>COUN. BENTON: ALL RIGHT. ANY OTHER COMMENTS OR QUESTIONS? DOES ADMINISTRATION HAVE ANY FURTHER COMMENT? BACK TO COUNCILOR BASSAN. >> NARRATOR: THANK YOU . >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. I URGE YOUR SUPPORT. >>COUN. BENTON: MOTION AND A SECOND. ALL THOSE IN FAVOR PLEASE SAY YES AND RAISE YOUR HAND. OPPOSED? THAT PASSES UNANIMOUSLY. THANK YOU. NEXT, WE HAVE COUNCILOR BASSAN AND MYSELF. 0-14. ESTABLISHING A BUSINESS IMPROVEMENT DISTRICT TO BE KNOWN AS THE ALBUQUERQUE TOURISM MARKETING DISTRICT. I BEG YOUR PARDON. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. O-13 IS IMPROVING A PROJECT WITH ASPEN AND AUTUMN IN PERSOONT TO THE LOCAL ORDINANCE TO HAVE A CONSTRUCTION AND WAREHOUSE FOR DISTRIBUTION OF NEW MEXICO RELATED FOOD AND TOURIST RELATED ITEMS WHICH THE FACILITY WILL BE LOCATED IN ALBUQUERQUE. I MOVE A DUE PASS. >>COUN. BENTON: SECOND FROM COUNCILOR GROUT, I BELIEVE. PROCEED. WE DO HAVE THE SAME GROUP OF PEOPLE. STARTING WITH ECONOMIC DEVELOPMENT STAFF. >> THANK YOU, MR. PRESIDENT. ASPEN AND AUTUMN HAS BEEN APPROVED FOR $750,000 IN FUNDS. THEY'RE SPEAKING $250,000 FOR A PROJECT NOT TO MENTION THE FACT THAT THE COMPANY IS GROWING, THEY COMMITTED TO HIRE AND RETAIN AT LEAST 71 EMPLOYEES AS OUTLINED IN THE PROJECT PARTICIPATION AGREEMENT. MR. CHAVEZ WILL BREAK DOWN A LITTLE BIT MORE OF THE COMPANY. >> SO, ASPEN AND AUTUMN IS COMPOSED OF TWO BUSINESSES WITH PARTIAL JOINT OWNERSHIP. THEY SPECIALIZE IN WHOLE SALE DISTRIBUTION OF GOODS. SO THE TWO COMPANIES ARE BSR AND FRESH FIX DISTRICTTION. BSR KNOWN AS BLUE SKY CONTRIBUTORS IS A SELLER OF FOOD, DRINK, AND ITEMS TO GROCERY STORES AND RETAIL OUTLETS THROUGHOUT THE WESTERN UNITED STATES. FRESH PICKS IS ALSO A WHOLE SAILOR BUT THEY SPECIALIZE IN ANCILLARY GOODS IS SERVICES. FRESH PICKS SPECIALIZES IN OUT OF STATE SALES MODEL THAT DISTRIBUTES NEW MEXICO PRODUCTS NATION WIDE WHICH IS BOTH OF THESE COMPANIES DISTRIBUTE NEW MEXICO PRODUCTS ALL THROUGHOUT THE SOUTHWEST AND UNITED STATES. IT ALSO HELPS OTHER BUSINESSES OR OTHER NEW MEXICO BUSINESSES. NEITHER COMPANY ENGAGES IN RETAIL SALES DIRECTLY TO CONSUMERS. BOTH PROJECTS PASSED FINANCE AND THE ALBUQUERQUE DEVELOPMENT COMMISSION UNANIMOUSLY. SO, THE TOTAL ANTICIPATED PAYROLL OVER TEN YEARS IS $7.5 MILLION AND IT'S A QUALIFIED PROJECT UNDER THE STATE'S LEADA STATUTE AND THE CITY IS ENABLING LEGISLATION AND BASED ON THE ABOVE FINDING STAFF RECOMMENDS APPROVAL OF THE PROJECT. >>COUN. BENTON: THANK YOU. MAX GRUNER. WE WILL HAVE YOU SPEAK AGAIN AS WELL. THANK YOU. >> THANK YOU, VERY MUCH. ONCE AGAIN, JUST WANT TO THANK THE COUNCIL FOR CONSIDERATION AND THANK THE CITY OF ALBUQUERQUE'S ECONOMIC DEVELOPMENT DEPARTMENT FOR ITS ONGOING PARTNERSHIP. WE ARE ABSOLUTELY THRILLED ABOUT SUPPORTING THE BUSINESS. AS COUNCILOR BASSAN HAS POINTED OUT, ONE OF THE ASPECTS OF THIS PARTICULAR PROJECT IS THE DOWNSTREAM EFFECTS THIS PROJECT WILL HAVE ON SMALL AGRICULTURAL AND FOOD BUSINESSES IN NEW MEXICO. WE HAVE SO MANY SMALLER BUSINESSES THAT ARE WONDERING HOW TO GET THEIR PRODUCT ON THE SHELVES. ASPEN AUTUMN IS PERFECTLY POSITIONED TO REALLY HAVE AN IMPACT IN THAT SPACE SO I THANK YOU FOR YOUR CONSIDERATION OF THIS PROJECT. >>COUN. BENTON: THANK YOU, SIR. WE HAVE ASPEN AUTUMN. MR. BRIAN THOMAS TO SPEAK. ALL RIGHT. ANY QUESTIONS FOR MR. MEREHEAD? COUNCILOR PEÑA. >>COUN. PEÑA: MR. PRESIDENT, I WAS WONDERING, I THINK I MAY HAVE GOTTEN THIS ANSWERED AT THE LAST MEETING. WHAT'S THE AVERAGE PAY FOR THESE JOBS? >> MR. PRESIDENT, COUNCILOR PEÑA, WHICH PROJECT? ONE MOMENT. >>COUN. PEÑA: AVERAGE PAY, STARTING PAY. >> MY APOLOGIES, IT'S GOING TO TAKE ONE MOMENT. IT'S $63,000. >>COUN. PEÑA: THAT'S PRETTY GOOD. I JUST WANT TO SAY I KNOW IT'S IN CLOSE PROXIMITY TO MY DISTRICT. I'M REALLY EXCITED AND ENCOURAGED FOR MY AREA AND THE FACT IT HAS THESE JOBS. THANK YOU. >>COUN. BENTON: ANY OTHER QUESTIONS? COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I AM OFF EASY TONIGHT. I THINK MR. GRUNER SAID IT ELOQUENTLY. I URGE YOUR SUPPORT. >>COUN. BENTON: ALL RIGHT. THERE'S A MOTION AND A SECOND. ALL THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. THAT PASSES UNANIMOUSLY. WE'LL MOVE TO WHERE I WAS LAST. COUNCILOR BENTON AND COUNCILOR BASSAN 0-14. ESTABLISH A BUSINESS IMPROVEMENT DISTRICT TO BE KNOWN AS THE ALBUQUERQUE TOURISM MARKETING DISTRICT. I MOVE A DUE PASS. SECOND FROM COUNCILOR BASSAN. WE DO HAVE AN INDIVIDUAL SIGNED UP TO SPEAK. MR. MOYA PLEASE CALL THEIR NAME. >> THANK YOU, MR. PRESIDENT. WE HAVE RINNAN. TURN ON YOUR VIDEO, UNMUTE YOURSELF AND YOUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> THANK YOU. THANK YOU, COUNCILOR BENTON, MEMBERS OF THE COUNCIL. I REPRESENT -- THE COMMERCIAL REAL ESTATE DEPARTMENT ASSOCIATION CRITICAL STATE. MANY OF MY MEMBERS ARE PARTNERS TO THIS INDUSTRY BY DEVELOPING BUILDING, FINANCING AND DESIGNING LODGING OPTIONS AND HOTELS. OUR MEMBERSHIP STANDS IN SUPPORT. WE APPLAUD THE LODGERS AND THE HOTEL COMMUNITY AND THEIR PARTNERS FOR THIS CREATIVE AND INNOVATIVE SOLUTION. WE KNOW FOR GUESTS OF OUR CITY AND STATE THEIR VISIT IS SIMILAR TO A FIRST DATE. IT CAN LEAD TO ECONOMIC DEVELOPMENT AND MIGRATION. WE MUST PUT OUR BEST FOOT FORWARD. AND THIS ASSESSMENT WILL HELP US FUND A VISITOR AND HOPEFULLY A BUSINESS PIPELINE. THANK YOU. >>COUN. BENTON: THANK YOU. WE DO HAVE SEVERAL OTHER INDIVIDUALS JOINING US TO ADDRESS QUESTIONS THAT WE MAY HAVE. WE'LL START WITH A BRIEF PRESENTATION FROM TANYA, THE PRESIDENT AND CEO OF VISIT ALBUQUERQUE. >> GOOD EVENING, COUNCILORS. PLEASED TO BE WITH YOU THIS EVENING. I'M GOING TO DO A QUICK RECAP IF I'M ABLE TO SHARE MY SCREEN. ONE MOMENT. YOU SHOULD BE VIEWING MY SCREEN. I'M GOING TO DO A QUICK RECAP SINCE THE LAST TIME WE WERE TOGETHER FOR THE JANUARY 19 MEETING. THIS IS A GAME-CHANGER FOR THE CITY'S ECONOMIC VITALITY. I JUST WANT TO KNOW IF YOU'RE ABLE TO SEE MY SCREEN. >>COUN. BENTON: YES, WE CAN. >> OKAY, GREAT. THIS EVENING A QUICK RECAP FROM THE JANUARY 19 MEETING DESCRIBING WHY THIS FUNDING IS IS NECESSARY. AND DESCRIBE HOW IT WILL WORK AND BENEFIT OUR ALBUQUERQUE'S ECONOMIC RECOVERY REVIEW. THE ALBUQUERQUE TOURISM MARKETING DISTRICT PLAN AND YOU'LL HAVE AN OPPORTUNITY TO HEAR COMMENTS FROM THE PLANNING GROUP AND ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. AGAIN, THE JANUARY 19th ACTION YOUR SUPPORT APPROVED THIS PLANNING GROUP FROM HERITAGE HOTELS RESORT. AND SUN CAPITAL HOTELS AND THE SHERATON UPTOWN WHO IS THE PRESIDENT OF THE LODGING ASSOCIATION. AND TOTAL MANAGEMENT SYSTEMS AND MYSELF. THAT ACTION ON JANUARY 19 APPROVED THIS GROUP AND ALSO APPROVED THE CITY CLERK TO NOTICE ALL PROPERTIES IN THE DISTRICT OF THE PUBLIC HEARING THAT TAKES PLACE. THIS PUBLIC HEARING WAS HELD ON FEBRUARY 22nd OF THIS YEAR. THE DISTRICT PLAN WAS REVIEWED AT THE PUBLIC HEARING AND PUBLIC COMMENT WAS RECEIVED. AFTER THE HEARING THE PLANNING GROUP CAME TOGETHER TO FINALIZE THE DISTRICT PLAN SUBMITTED TO YOU ALONG WITH HAD ORDINANCE FOR ACTION THIS EVENING. AGAIN, QUICK RECAP OF WHY THIS FUNDING NECESSARY. THIS IS HOW THE TAX COLLECTION WORKS. STAT STATUTE SAYS AT LEAST 50% HAS TO WE SPENT TO MARKET THE CITY AS A TOURISM DESTINATION. 50% IS ALLOCATED TO DEBT SERVICE. THAT MEANS NO MORE THAN 50% IS TO ALBUQUERQUE PROMOTION. WE RECEIVE 42% OF THE LODGERS TAX AND HOSPITALITY FEE COLLECTED. THERE'S A CAPACITY AND A CEILING THERE. THIS IS ONE OF THE REASONS THE HOTEL INDUSTRY AND LODGING INDUSTRY CAME TOGETHER TO PROVIDE THIS INNOVATIVE SOLUTION TO SUPPLEMENT THIS FUNDING. MARKETING DISTRICT PROVIDES DEDICATED SOURCE OF REVENUE FOR TOURISM. IT'S A BUSINESS COALITION THAT ALLOWS THEM THE ORGANIZE THEIR EFFORTS TO -- FOR THE -- HOLD ON ONE SECOND. I'M SORRY ABOUT THAT. MAKING SURE YOU CAN STILL SEE MY SCREEN. >>COUN. BENTON: YEAH. MR. MOYA HAS CONTROL OVER THE SCREEN. YES. >> FULLY FUNDED DEDICATED TO THE PROMOTION OF TOURISM PROMOTION. IT'S A BUSINESS COALITION THAT ALLOWS BUSINESSES TO ORGANIZE EFFORTS THAT ATTRACT MORE VISITORS TO ALBUQUERQUE AND IT'S A POWERFUL ECONOMIC DEVELOPMENT TOOL THAT GENERATES REVENUE AND JOBS. NEXT SLIDE PLEASE. HOW IT WILL WORK, 2% ASSESSMENT ON RENTAL REVENUE AT THE LODGING PROPERTIES WITHIN THE DISTRICT. THE LODGING PROPERTIES MAINTAIN CONTROL OF ADVERTISED ROOM RATES. NEXT SLIDE. THE QUESTION WHY NOW. AND VERY MUCH WE ARE AS YOU KNOW FOR THE LAST TWO YEARS VERY CHALLENGING ENVIRONMENT FOR THE HOSPITALITY INDUSTRY OVER THE LAST TWO YEARS. WE'RE START TO SEE RECOVERY. IT'S A HIGHLY COMPETITIVE ENVIRONMENT. MANY OF OUR COMPETTERS ARE MUCH -- THEY HAVE SIGNIFICANT FUNDING IN CAME PAIRSON TO OUR DESTINATION TO BE COMPETITIVE. YOU'LL SEE A REMINDER OF WHERE WE SIT TODAY IN TERMS OF DOLLARS DEDICATED TO TOURISM MARKETING. I WILL POINT OUT THE $6.5 MILLION LISTED FOR VISIT ALBUQUERQUE IS BOTH OUR PUBLIC AND PRIVATE FUNDING THAT COMES FROM OUR PARTNERSHIP. JUST AN EXAMPLE, AGAIN REMINDING YOU THAT THE TOP CITIES, THERE'S ONE CARAT TO THE FOUR TOP CITIES, THEY'VE ALREADY DONE WHAT WE'RE DISCUSSING TODAY IN CREATING A TOURISM DISTRICT. THE CITIES LISTED WITH TWO CARATS ARE ACTIVELY DISCUSSING THIS. THERE'S A PROPOSAL OR IN DEVELOPMENT TO SOMETHING VERY SIMILAR TO THIS. YOU CAN SEE THE TOP FOUR DESTINATION AT LEAST FOUR TIMES THE BUDGET ALBUQUERQUE HAS COMPETITORS LIKE OKLAHOMA CITY AND PHOENIX MORE THAN DOUBLE OUR BUDGET. EVEN TUCSON AND SANTA FE FOR EXAMPLE ARE ALMOST DOUBLE THE BUDGET THAT ALBUQUERQUE HAS TO MARKET THE DESTINATION. JUST AN EXAMPLE OF WHY THIS IS NEEDED TO COMPETE FOR ALBUQUERQUE. MOVING ALONG IN TERMS OF THE CAPACITY TO DO THIS. AS WE LOOK TO THE NEXT SLIDE WE'LL LOOK AT THE CAPACITY TO DO THIS. THIS IS WHERE THE TOURISM MARKETING DISTRICT COMES FROM. 193 CITIES IMPLEMENTED WHAT WE'RE TALKING ABOUT TODAY. YOU CAN SEE THE TREND LINE RAPIDLY GROWING IN TERMS OF THIS APPROACH TO A DEDICATED TOURISM FUNDING. THE NEXT SLIDE, YOU'LL SEE THAT THIS IS THE CAPACITY THAT WE HAVE FOR THE GUEST FEES. THIS IS NOT -- SAN ANTONIO IS NOT THE TOP. THERE'S CITIES THAT HAVE 21% OF GUEST CHECK OUT FEES. JUST TO GIVE YOU AN IDEA, WE'RE AT $13.875% RIGHT NOW. YOU CAN SEE WHERE SOME OF THE COMPETITIVERS >> IN DENVER, AND TUCSON, AND MOVING TO THE NEXT SLIDE WE CAN ADD THE 2% ASSESSMENT AND STAY BELOW THE NATIONAL AVERAGE FOR GUEST CHECK OUT FEES. AN IMPORTANT CONSIDERATION AS WE TAKE ALIC AT THIS. MOVING TO THE NEXT SLIDE. I WANT TO TALK ABOUT WHAT IMPACTS THE DISTRICT WILL HAVE. IT WILL EFFECTIVELY DOUBLE -- THESE ARE PRE-PANDEMIC ESTIMATES, WHAT WHAT WE ESTIMATED, WE BELIEVE EFFECTIVELY DOUBLE THE MARKETING BUDGET FOR ALBUQUERQUE. AND IT'S PROPOSED TO HAVE A FOUR-POINT JUST IN OUR FIRST YEAR $4.8 MILLION IMPACT. THAT'S THE OVERALL BENEFIT AND IMPACT OF THE TOURISM MARKETING DISTRICT. NEXT SLIDE. AND TO THE NEXT SLIDE. JUST THE MAKING CASE FOR WHY THIS IS IMPORTANT. THE INCREASED MARKETING SALES AND EFFORTS LEAD TO HEIGHTENED AWARENESS TO THE CULTURE, HERITAGE AND UNIQUE EVENTS. MORE LEISURE VISITORS, SUPPORTING EVENTS AND MEAN A STRONGER DEMAND FOR HOSPITALITY AND LODGING SERVICES. INCREASED EMPLOYMENT IN THE HOSPITALITY INDUSTRY, ECONOMIC GROWTH IMPACT. AND OVERALL AT THE END OF THE DAY A VIBRANT AND PROSPEROUS COMMUNITY. HOW WILL THESE FUNDS BE SPENT? THERE WILL BE BOTH A GOVERNMENT COMMITTEE AND MANAGEMENT COMMITTEE. ON THE NEXT SLIDE YOU'LL SEE THE GOVERNMENT COMMITTEE WILL BE LODGING PROPERTIES WITHIN THE DISTRICT THAT PROVIDE OVER SIGHT TO THE MANAGEMENT COMMITTEE. THIS IS A CITY WIDE DISTRICT, IT WILL INCLUDE REPRESENTATIVES FROM FULL SERVICES AND LIMITED LAUJTING PROPERTIES. VISIT ALBUQUERQUE WILL SERVE AS THE MANAGEMENT COMMITTEE. ON THE NEXT SLIDE YOU'LL SEE HOW THE MONEY IS USED. YOU HAVE THE PREMIER DESTINATION MARKETING ORGANIZATIONS THAT HAS THE KNOWLEDGE, STAFF IN PLACE TO REALLY PUT THIS MONEY TO WORK. AND SO THE COMMITMENT THIS IS THE FIRST YEAR BUDGET PROPOSAL FOR THE DISTRICT PLAN. IS THAT 78% WILL GO TO SALES MARKETING AND COMMUNICATION. SO THAT MONEY GOING DIRECTLY TO IMPROVE THE APPEAL AWARENESS AND CONVERSION OPPORTUNITIES FOR ALBUQUERQUE THAT INCREASED DEMAND. NO MORE THAN 10% WILL BE SPENT ON ADMINISTRATION. 5% WILL BE DEDICATED TO DESTINATION DEVELOPMENT. GREAT OPPORTUNITIES THERE WITH SUPPORT WORK DONE IN EVENTS OR OTHER PROMOTIONS WE CAN LOOK AT TOURISM DEVELOPMENT AND PRODUCT DEVELOPMENT WITH THAT WITH THOSE FUNDING. 2% PER VISITOR SERVICES, THE 1% CITY FEE. THE CITY WILL COLLECT THE TOURISM MARKETING DISTRICT FUNDS IN THE SAME WAY USING THE SAME SYSTEMS THEY COLLECT LODGERS TAX AND HOSPITALITY FEES AND KEEP 1% OF THE TOTAL BUDGET ON AN ANNUAL BASIS. AND 4% CONTINGENCY RESERVE. MOVING TO HOW THIS MONEY WILL BE SPENT MORE SPECIFICALLY, AT THE TOP ADVERTISING PUBLIC RELATIONS AND MEDIA RELATIONS, SOCIAL MEDIA, DESTINATION DEVELOPMENT, DIGITAL MARKETING, AND BE USEDED FOR TOURISM AND VETSER SERVICES. THE TOP FIVE CATEGORIES ARE BOLDED BECAUSE WE HAVE, AS MANY OF YOU ARE AWARE, WE HAVE THREE MAIN AREAS OF FOCUS. LEISURE TRAVEL, MEETING AND CONVENTIONS, AND SPORTS TOURISM. WE HAVE THE CITY CONTRACT TO ENSURE THE MEETING AND CONVENTION AND LEISURE TRAVEL. WE'RE REALLY TRYING TO MAXIMIZE THOSE OPPORTUNITIES. RIGHT NOW WE FEEL LIKE THE LEISURE MARKET IS A TREMENDOUS OPPORTUNITY FOR US. THIS IS WHERE THE DEDICATION AND WORKING WITH THE LODGING COMMUNITY IS THE PRIMARY USAGE WILL BE TO ATTRACT LEISURE TOURISM. THAT'S REALLY WHERE WE NEED TO SEE GROWTH FOR ALBUQUERQUE AND WHERE WE HAVE POTENTIAL. MANY OF THE HOTELS HAVE BENEFITTED FROM THAT THROUGHOUT AS WE STARTED TO RECOVER FROM THE PANDEMIC. THAT'S WHY THOSE TOP FIVE CATEGORIES ARE BOLD. MOVING TO THE NEXT SLIDE. WANT TO POINT OUT CITY WIDE DISTRICTS USING THE BUSINESS IMPROVEMENT DISTRICT LANGUAGE OF LEGISLATION FROM THE STATE. YOU'LL SEE THE ORANGE CATEGORY CAPTURES THE HOTEL LODGING PROPERTIES THAT ARE CURRENTLY PAYING INTO THE LODGERS TAX AND HOSPITALITY FEE WITH THE EXCEPTION OF SHORT-TERM RENTAL SO THOSE ARE THE PROPERTIES THAT WILL BE CAPTURED IN THE DISTRICT. AND MOVING TO THE NEXT SLIDE. A REMINDER OF THIS PROCESS. AS I SAID BEFORE, JANUARY 19th MOVING THE APPROVALING PLANNING GROUP AND OPPORTUNITY FOR PUBLIC HEARING TODAY BEFORE YOU FOR THE ORDINANCE AND APPOINTING THE MANAGEMENT COMMITTEE. AND THERE IS ONE ADDITIONAL STEP WE WILL NEED TO TAKE WORKING WITH ALL OF YOU TO IMPLEMENT THE BENEFIT FEE. I HAVE WITH ME SEVERAL MEMBERS OF THE PLANNING GROUP THAT I'D LOVE TO HAVE AN OPPORTUNITY TO FOR THEM TO PROVIDE COMMENT. >>COUN. BENTON: WHY DON'T YOU DO THAT? >> THANK YOU, COUNCILOR BENTON. I'LL START WITH -- >> CAN YOU HEAR ME? >> WE CAN HEAR YOU. >> GREAT, THANK YOU. THANK YOU FOR THIS OPPORTUNITY. WHAT WAS PRESENTED THE APMD AND I CAN TELL YOU THAT I'VE BEEN INVOLVED WITH THIS PROCESS FOR OVER A YEAR. I'M A BOARD MEMBER ON THE LODGERS TAX ADVISORY BOARD. I'M ALSO A BOARD MEMBER ON THE GREATER ALBUQUERQUE HOTEL LODGING ASSOCIATION. CAPITAL HOTEL OWNS EIGHT HOTELS IN NEW MEXICO WITH FOUR IN ALBUQUERQUE THAT WE OPERATE. THIS ATMB IS IMPORTANT TO THE HOTEL INDUSTRY. AS YOU SAW SOME OF THE DATA THAT TANY PRESENTED, THE RISK OF NOT DOING THIS IS GREAT BECAUSE WE LOOK AT OUR COMPETITIVE CITIES WHERE WE'RE COMEATING FOR GROUP BUSINESS OR LEISURE BUSINESS. THEY JUST REALLY OUTSPEND US ON THE MARKETING SPECTRUM. AND THIS IS A VERY IMPORTANT INITIATIVE FOR US TO UNDERTAKE. AND JUST BY WAY OF EXAMPLE, LAST YEAR WE SAW REALLY RELEVANT IMPROVEMENT TO THE BUSINESS. IF YOU RECALL THE MAYOR PUT A MILLION DOLLARS AS A KICKSTART FUND BECAUSE OF COVID WE LOST A LOT OF THE LODGERS TAX OPPORTUNITY. THE MAYOR PUT IN A MILLION DOLLARS TO DO SOME ADDITIONAL MARKETING. VISIT ALBUQUERQUE IMPLEMENTED THAT IN THE THIRD AND FOURTH QUARTER OF LAST YEAR. WE SAW REMARKABLE RESULTS AS -- WE ARE DEPLOYING THE RIGHT MARKETING DOLLARS WITHIN THE RIGHT CHANNELS. HOTELIERS ARE SEEING THE IMPROVEMENT IN BUSINESS. NOT ONLY DOES IT HELP THE HOTEL INDUSTRY AS MORE PEOPLE COME TO ALBUQUERQUE, IT HELPS RESTAURANTS, HOPPING AND -- SHOPPING AND HOTELS. THANK YOU FOR LISTENING TO THIS. I HOPE YOU APPROVE THIS. THANK YOU. >> THANK YOU. WE'LL MOVE TO DAMON FROM THE SHERATON UPTOWN. >> GOOD EVENING, MR. PRESIDENT, I WOULD LIKE TO ECHO WHAT HE SAID. AND ALSO JUST ADD TO IT THAT BIG PIECE IS A RISK OF NOT HAVING THE MARKETING DOLLARS THAT THE OTHER CITIES ALSO HAVE IS REALLY SOMETHING THATP -- STANDS OUT TO ME. THAT MILLION DOLLARS WE SPENT REALLY HELPED US AS A PROPERTY AND WHAT THIS WILL CONTINUE TO DO IS KEEP US COMPETITIVE WITHIN OUR MARKETS. I LOOK AT CITIES AS I RECENTLY MOVED HERE FROM TUCSON, ARIZONA. THEY REALLY HAVE STEPPED UP THEIR MARKETING AND WHAT THEY DE. WE'RE SUCH A LIKED CITY, TO ME, IF WE DON'T DO THIS WE PUT OUR CITY AT RISK. WE'VE HAD A TOUGH TWO YEARS OF THE PANDEMIC AND THIS WILL REALLY HELP US TO RECOVER. WE KNOW WE HAVE A PROVEN ROI WITH VISIT ALBUQUERQUE AND WHAT THEY'VE DONE BEFORE IN THE PAST. THIS IS ALMOST A NO-BRAINER THAT WE CONTINUE TO MOVE FORWARD WITH USING VISIT ALBUQUERQUE TO REALLY IDENTIFY WHERE TO SPEND THESE DOLLARS AND HOW TO SPEND THESE DOLLARS AS AN INDUSTRY. WHEN THAT HAPPENS WE GET MORE EMPLOYEES WORKING. OUR ECONOMY IMPROVES IN THE CITY AND WE CONTINUE TO GROW AND I JUST THINK THIS IS SOMETHING THAT IS A MUST AND WE WOULD HATE TO NOT SEE THIS HAPPEN. >> THANK YOU, DAMON. I'LL MOVE TO CANEN HARRIS. FROM HERITAGE HOTELS AND RESORTEDS. >> GOOD EVENING. THANK YOU, MR. PRESIDENT. I'M REPRESENTING HERITAGE HOTELS AND RESORTS. ONE OF THE LARGEST HOSPITALITY EMPLOYERS IN THE STATE, BUT ALSO HERE IN ALBUQUERQUE. WE HAVE HOTELS IN OLD TOWN, SAWMILL, AND URBAN CORRIDOR AND DOWNTOWN. WE EXPRESS OUR SUPPORT FOR THE ATMD TOURISM MARKETING DISTRICTS HAVE PROVEN TO BE SUCCESSFUL IN ATTRACTING VISITORS AND INCREASING OCCUPANCY. THAT RESULTS IN A STRONG ECONOMIC FUTURE FOR THE CITY CREATING VIBRANCY AND VISITOR SPENDING IN THE LOCAL MARKET. ALBUQUERQUE AS PROVEN TO BE APPEALING AS A DESTINATION. AS WE CAN COME OUT OF THE PANDEMIC, IT'S UNIQUENESS AND IT'S INCREASING MARKETING REACH OF ALBUQUERQUE AND PUSHING ALBUQUERQUE INTO NEW MARKETS AND HAVING BEEN INVOLVED WITH THIS PROCESS FOR SOME TIME, WE THINK THE OPPORTUNITY THAT IS RIGHT NOW THAT IT PRESENTS ITSELF IS THE RIGHT TIME TO DO THIS. WE EXPRESS OUR SUPPORT FOR THIS. >> THANK YOU. AND COUNCILOR BENTON, MEMBERS OF THE COUNCIL, THE PRESIDENT AN CEO OF TOTAL MANAGEMENT WAS NOT ABLE TO BE HERE. HE SENT A BRIEF COMMENT. THIS IS AN OPPORTUNITY FOR THE LODGING PROPERTIES IN ALBUQUERQUE TO RALLY BEHIND A GOAL. WITH THAT, THAT COMPLETES OUR PRESENTATION. WE STAND FOR ANY QUESTIONS. >>COUN. BENTON: COUNCILOR SANCHEZ AND COUNCILOR LEWIS. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. I HAD A QUESTION. I THINK THIS IS A NO-BRAINER TO ME. I DON'T HAVE A PROBLEM WITH THIS AT ALL. ONE OF THE QUESTIONS THAT I HAD IS LET'S SAY I WANTED TO DO IS A STAY-CATION. WOULD WE BE SUBJECT TO THAT EXTRA MONEY? IF WE SHOW AN ID, WOULD WE BE EXEMPT? IF SOMEONE WANTED TO STAY HERE AND GET AWAY FROM THEIR KIDS FOR THE WEEKEND, WE WANT TO KNOW IF YOU MAY ANY CHANGE FOR THAT? >> COUNCIL PRESIDENT, COUNCILOR SANCHEZ, THANK YOU. I INTENDED TO ADDRESS THAT. I APOLOGIZE BECAUSE YOU DID BRING THAT UP AT THE LAST COUNCIL MEETING. IN TERMS OF LOCAL OPPORTUNITIES, THE DISCUSSION AROUND THE PLANNING GROUP WAS WE KNOW HOW IMPORTANT THAT IS AND THE WISDOM YOU BRINGING THAT FORWARD IN TERMS OF THE OPPORTUNITY FOR LOCALES AND WHAT THE SUGGESTION IS RATHER THAN TAKING A LOOK AT EXEMPTIONS BECAUSE COLLECTION WOULD BE DIFFICULT IS THAT THE PLANNING GROUP IS COMMITTED THAT THE DISTRICT PLAN EVERY YEAR WILL HAVE A VERY ROBUST LOCAL PROMOTION AND STAYCATION VARIETY OF OPPORTUNITIES. AN OPPORTUNITY FOR TARGET MARKETING AND AN OPPORTUNITY FOR SEASONAL. A STRONG COMMITMENT THAT WILL BE IN THAT MARKETING PLAN FOR THE DISTRICT PLAN ON AN ANNUAL BASIS FOR LOCALES TO ENSURE THESE SAVINGS WILL BE WHAT AN EXEMPTION FROM AN ASSESSMENT WOULD BE AND SAVE THEM FAR MORE MONEY. IT'S IMPORTANT THAT OUR LOCALS SEE WHAT OUR TOURISM IS BECAUSE THEY CAN BE THE BEST AMBASSADORS FOR ALBUQUERQUE AND WE WANT THEM TO ENJOY THE ENVIRONMENT THEY LIVE IN. >>COUN. SANCHEZ: THANK YOU, MR. PRESIDENT. >>COUN. BENTON: THANK YOU. AND THANK YOU TO COUNCILOR SANCHEZ AND COUNCILOR GROUT FOR JOINING THE VISIT ABQ BOARD. I'VE BEEN IN THAT BOARD FOR A LONG TIME. I'M A BELIEVER OF WHAT THEY DO. GOOD TO HAVE SOME NEW BLOOD TO WORK ON IT. COUNCILOR LEWIS AND COUNCILOR PEÑA. >>COUN. LEWIS: THANK YOU, MR. PRESIDENT. MS. ARMENTA AND YOUR TEAM HAVE PUT TOGETHER A GREAT PLAN. AFTER MY FIRST VOTE, I GOT AN EAR FULL FROM YOUR MEMBERS. I REGRET THAT FIRST VOTE. I DID WANT TO ASK IF YOU WOULD GO THROUGH THE PROCESS OF WOULD YOU TELL US HOW MANY MEMBERS ARE -- HOW MANY LODGING BUSINESS MEMBERS ARE THERE WITHIN THE PROPOSED DISTRICT? AND WHAT WAS THE PROCESS FOR THE PETITION FOR THOSE THAT SIGNED THE PETITION, I'M ASSUMING IT'S THE MAJORITY OF LODGERS. WAS THERE ANYONE IN OPPOSESITION? >> IN REGARD TO THE CURRENT NUMBERS OF LODGING PROPERTIES, IT'S APPROXIMATELY 150 HOTELS OR LODGERS INCLUDED IN THAT. AS I SAID THE ONLY EXCEPTION IS THE CITY WIDE DISTRICT ENCAPTURES EVERYONE PAYING INTO THE FEE. THE ONLY EXCEPTION IS SHORT-TERM RENTALS. WE'VE ALSO KEPT IN MIND DEVELOPMENT. AS HOW TO PROPERTIES COME ON THEY WILL BE ADDED TO THE DISTRICT THAT ARE IN THOSE BOUNDARIES INCLUDED IN THE ASSESSMENT FOR THAT. IN REGARD TO THE PETITION PROCESS, WE HAVE MET THE MAJORITY OF LODGERS IN SUPPORT OF THIS INITIATIVE. THAT'S WHAT ALLOWED US TO BRING IT TO YOU THAT FIRST STEP IN TERMS OF THE PLANNING GROUP AND PUBLIC HEARING PETITION FOR THE PUBLIC HEARING. THAT PROCESS STARTED LAST YEAR. AND WAS DONE THROUGH AN ELECTRONIC PROCESS THAT ALLOWED US TO ENSURE WE BOTH THROUGH THE EMAIL ADDRESSES THE OVERALL COLLECTION OF THOSE PETITIONS. ALSO CAPTURED WHERE THOSE CAME BACK FROM TO ENSURE THE INTEGRITY OF THE POSITIONS. WE HAVE SUBMITTED THOSE TO THE CITY ALSO HAVE PRINTED FILES FOR ALL OF THE PETITIONS SHOULD ANYONE REQUEST THOSE. >>COUN. BENTON: NEXT IS COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I THINK THIS IS A GREAT IDEA. I JUST HAD A COUPLE QUESTIONS IN REFERENCE TO THE RESPONSIBILITY IS GOING TO BE ON THE CITY TO COLLECT THE ASSESSMENT FEES AND PENALTIES AND WE'RE GOING TO RECEIVE 1%. I'M NOT SURE -- HAS THE CITY OR WHOEVER IN CHARGE EVALUATED IF THAT'S ENOUGH TO BE ABLE TO DO THAT? AND THE SECOND PART TO MY QUESTION WOULD BE I KNOW MS. ARMENTA MENTIONED THE SHORT-TERM RENTAL, BUT DOES THIS FALL INTO THE RENTAL FOR THE HOTELS FOR THE HOMELESS? >> COUNCILOR BENTON, COUNCILOR PEÑA, WE WILL BE COLLECTING -- RATHER WE'LL KEEP 1% OF THE COLLECTIONS. THAT'S ROUGHLY $48,000 PER YEAR. [ INAUDIBLE ]. AND ADDITIONAL STAFF TIME THAT REQUIRES A FOLLOW-UP. I THINK WE HAVE DISCUSSED THE PERCENTAGE WITH MS. ARMENTA AND WE'RE COMFORTABLE WITH THAT. >>COUN. PEÑA: OKAY, THANK YOU. AND THE OTHER PART TO MY QUESTION, I DON'T KNOW WHO CAN ANSWER THAT. >> I THINK THAT QUESTION WAS ABOUT THE AIR BNB QUESTION. I THINK MS. ARMENTA SHOULD PROBABLY BE ABLE TO ANSWER. >>COUN. BENTON: DO YOU WANT TO REPHRASE IT? >>COUN. PEÑA: MY QUESTION IS I KNOW WE'RE USING A LOT OF MOTELS IN THE CITY OF ALBUQUERQUE TO HOUSE THE HOMELESS. I'M WONDERING IF THAT FEE IS GOING TO BE FOR THAT. YOU MENTIONED ON SHORT-TERM RENTALS. I DON'T KNOW IF THAT FALLS WITHIN THAT CATEGORY. ARE WE GOING TO BE TAXING OURSELVES? >> COUNCILOR BENTON, COUNCILOR PEÑA, WE HAVEN'T SPECIFICALLY DISCUSSED THIS WITH THE TOURISM FOLKS. MY UNDERSTANDING IS THAT CONTRACT IS ON A MONTHLY BASIS AS OPPOSED TO A PER ROOM BASIS. >>COUN. PEÑA: OKAY. THANK YOU. >>COUN. BENTON: COUNCILOR GROUT. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. I HAVE ONE QUESTION. WILL THIS INCREASE TAXES FOR THE ALBUQUERQUE CITIZENS? >> COUNCILOR BENTON, COUNCILOR GROUT, WITH THE ONLY OPPORTUNITY FOR THAT TO OCCUR IF THEY STAYED IN A LODGING PROPERTY WITHIN ALBUQUERQUE. THIS IS SOMETHING THAT AS COUNCILOR SANCHEZ HAS IDENTIFIED THERE ARE LOCALS THAT HAVE AN OPPORTUNITY TO STAY AND DO A VARIETY OF ACTIVITIES. THE COMMITMENT IS TO HAVE A ROBUST LOCAL PROGRAM THAT ALLOWS FOR SAVINGS FOR LOCALS SO THE 2% SAVINGS WOULD BE FAR BEYOND WHAT THE ADDITIONAL ASSESSMENT WOULD BE. I MENTIONED TO COUNCILOR PEÑA'S EARLIER QUESTION, IMPORTANT TO NOTE THAT IF ANYONE STAYS -- IF THERE'S ANY STAYS BEYOND 30 DAYS THEY'RE EXEMPT FROM LODGERS TAX AND HOSPITALITY FEE. THIS PROGRAM IS MIRRORING THE ORDINANCE. ANY STAY BEYOND 30 DAYS WOULD NOT HAVE A TOURISM MARKETING ASSESSMENT EITHER. >>COUN. BENTON: ALL RIGHT. ANY OTHER QUESTIONS? COUNCILOR BASSAN, THANKS FOR YOUR HELP ON THIS AND YOUR INTEREST. IT'S VERY IMPORTANT TOPIC. I ASK YOU TO CLOSE. >>COUN. BASSAN: MR. PRESIDENT, THANK YOU FOR INCLUDING ME ON THIS. I THINK ANYTHING THAT'S GOING TO HELP WITH VISITING AND TOURISM IN ALBUQUERQUE IS GOING TO BE VERY BENEFICIAL. I KNOW I STILL PLAN ON PRIORITIZING A REDUCTION IN CRIME AND IMPROVEMENT OF HOMELESSNESS. THAT WAS SOMETHING BROUGHT UP AS A CONCERN BY DOING THIS TOURISM AND MARKETING DISTRICT. I DON'T THINK THEY WILL HAVE NECESSARILY BE GIVING UP ONE FOR THE IMPROVEMENT OF ANOTHER. I'LL PRIORITIZE THAT ON MY END AND WHAT I GATHER FROM THE REST OF THE COUNCIL. I'M EXCITED THAT THE BUSINESSES WANT THIS AND IT WILL NOT BE AN INCREASED BURDEN FROM OUR LOCAL COMPETING COMMUNITY. I THINK ON THE UP AND UP. I URGE YOUR SUPPORT. >>COUN. BENTON: THERE'S A MOTION AND A SECOND FOR A DUE PASS ON O-14. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. THAT PASSES. WE WILL MOVE TO O-83. THIS IS AMENDING CHAPTER NINE ARTICLE FIVE PART FIVE OF THE REVISED ORDINANCES OF THE CITY THE ALBUQUERQUE CLEAN INDOOR ORDINANCE FOLLOWING THE ENACTMENT OF THE NEW MEXICO CANNABIS REGULATION ACT. AMENDING RESTRICTION TO PUBLIC OUTDOOR AREAS. COUNCILOR DAVIS. >>COUN. DAVIS: MR. PRESIDENT, IN MY PROFESSIONAL LIFE I REPRESENT CANNABIS COMPANIES THAT MIGHT BE INTERESTED IN THIS ITEM. >>COUN. BENTON: VERY GOOD. I WILL MOVE A DUE PASS. AND A SECOND FROM COUNCILOR BASSAN. THANK YOU. WE HAVE AN INDIVIDUAL SIGNED UP TO SPEAK. APPARENTLY HAS NOT BEEN ON THE CALL AT THIS POINT. WE'LL MOVE ON. ANY DISCUSSION, QUESTIONS, COMMENTS FROM THE ADMINISTRATION? COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I JUST WANT TO BRING UP THE ISSUE THAT WAS BROUGHT UP IN LUPS. IT WAS AN AMENDMENT ADDED TO THIS BILL THAT MAKES IT A PUNISHABLE OFFENSE TO SMOKE CANNABIS IN PUBLIC. I DON'T THINK IT'S NECESSARY. THERE'S ALREADY A STATE LAW THAT SAYS YOU CAN'T SMOKE IT IN PUBLIC. THEY SEEM TO BE SET ON CREATING ADDITIONAL ENFORCEMENT OPTIONS TO POLICE. I DON'T THINK POLICE NEED TO BE ENFORCING THE LAW. I DON'T THINK THEY HAVE THE PEOPLE ON STAFF TO DO THAT. I JUST WORRY WE'RE MAKING IT WHERE PEOPLE OF COLOR HAVE AN ADDITIONAL PROBLEM WITH THE LAW. I REALLY DON'T THINK WE NEED TO BE CREATING ADDITIONAL RULES FOR PUNISHMENT FOR SMOKING A COMPLETELY LEGAL SUBSTANCE. I WON'T BE SUPPORTING THIS THANK YOU. >>COUN. BENTON: THANK YOU. ON THAT SUBJECT, I HAVE THE SAME CONCERN ABOUT THAT REDUNDANCY. I GUESS I'LL ASK MR. MORROW. GIVEN THERE'S A STATE PROHIBITION AND THERE'S A CITY PROHIBITION WITH PENALTY, WOULD AN OFFENDER BE SUBJECT TO A DOUBLE CHARGE OF SOME KIND? >> THANK YOU FOR THE QUESTION. FRANKLY NO. AS FAR AS DOUBLE CHARGES GO, THE RULES OF DOUBLE JEOPARDY EXIST FOR A REASON. IT WOULD ONLY BE PUNISHABLE BY STATE LAW OR CITY ORDINANCE. MY UNDERSTANDING THROUGH CONVERSATION WITH ENVIRONMENTAL HEALTH IS THE GOAL OF HAVING IT IN THE CLEAN AIR ORDINANCE IS TO ALLOW OUR ENVIRONMENTAL HEALTH DEPARTMENT TO PARTICIPATE IN ENFORCEMENT OF STATE LAW. OTHERWISE THEY WOULD NOT BE ABLE TO. >>COUN. BENTON: THIS WOULD ALLOW THE INVOLVEMENT OF OUR DHD IN ASSISTANCE OF THE STATE? >> THAT'S CORRECT. >>COUN. BENTON: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, SO, WHY DOES ENVIRONMENTAL HEALTH NEED TO ENFORCE LAWS WHEN IT COMES TO SOMETHING LIKE THIS? >> COUNCIL PRESIDENT, COUNCILOR BASSAN, MY BELIEF IS THAT ENVIRONMENTAL HEALTH WOULD BE THE BEST DEPARTMENT TO ANSWER YOUR QUESTION. SPECIFICALLY, THEY ARE INVOLVED IN PUBLIC SAFETY AND IN A NUMBER OF WAYS. I KNOW SPECIFICALLY THEY DEAL WITH FOOD HEALTH AND SAFETY IN RESTAURANTS. AND THIS IS AN EXTENSION OF THAT AUTHORITY. TO PROVIDE INSPECTIONS, OTHERWISE STATE LAW WOULD BE ENFORCED BY STATE AGENT. IT PROVIDES AN ADDITIONAL LAYER OF ENFORCEMENT SO THAT OVERBURDENED RESOURCES -- NOT OVERBURDENED, RESOURCES CAN BE USED EFFECTIVELY. >>COUN. BASSAN: THANK YOU, MR. PRESIDENT. I GUESS I WASN'T CONCERNED ABOUT THIS UNTIL NOW. I THINK IT'S VERY IMPORTANT. I UNDERSTAND THE ENVIRONMENTAL HEALTH HAS TO GO TO DIFFERENT FACILITIES AND MANAGE CERTAIN ASPECTS OF IT. I DON'T UNDERSTAND WHY WE WOULD BE COUNTING ON THEM TO BE ENFORCING ANY CONSUMPTION OF CANNABIS IN ANY UNDESIGNATED AREA THROUGHOUT THE CITY IF IT IS LEGAL ON A STATE LEVEL. I AM CONCERNED BY THAT. I DON'T KNOW IF THERE'S FURTHER CLARIFICATION WE CAN HAVE SO IT CAN ME A LITTLE BIT EASED IN MY MIND. I'M NEVER A FAN OF DUPLICATING ANYTHING UNLESS IT NEEDS TO BE CLARIFIED. AS FAR AS ON THE COUNCIL AND IN THE CITY, SO WE MAKE SURE THE LEGISLATION MATCHES THE STATE LEGISLATION. IF WE'RE MATCHING THE STATE LEGISLATION I'M IN SUPPORT OF THIS. IF WE'RE OVERREACHING FROM THE STATE LEGISLATION TO IMPROVE OR INCREASE THE AMOUNT OF ENFORCEMENT WE HAVE, THAT'S CONCERNING. I DON'T KNOW IF YOU CAN HELP WITH ANY OF THAT? >>COUN. BENTON: MR. DIMENA. >> THANK YOU, COUNCILOR BASSAN, WE'RE IN THE PROCESS OF SORTING OUT WHERE OUR ENFORCEMENT WILL GO AND WON'T GO. WE'VE BEEN WATCHING AS THE STATE GOES THROUGH RULES. AS WAS EXPLAINED, WE LOOK AT THINGS LIKE FOOD PERMITS, WE ARE CREATING ADDITIONAL ENFORCEMENT POSITIONS TO HANDLE THE LOCAL LEVEL OF CANNABIS ENFORCEMENT. THE THINGS THE STATE DOESN'T COVER THROUGH THE ALLOWANCES FOR THE CITY. OTHER AREAS THAT WOULD EXPAND IS ODOR COMPLAINTS AND THINGS LIKE THAT. I DON'T SEE ENVIRONMENTAL HEALTH BEING THE AGENCY THAT APPROACHES PEOPLE ON A PARK OR SIDE WALK, BUT WE SEE THINGS LIKE CONSUMPTION AREAS OR SIDEWALKS WHERE YOU'RE SUPPOSED TO BE ENCLOSED AREA BUT YOU HAVE PEOPLE COMING INTO THE ALLEY WAYS INTO SIDEWALKS AND GETTING COMPLAINTS ABOUT THAT TYPE OF THING. >>COUN. BASSAN: MR. MELENDREZ, CAN YOU HELP? >> I THINK I CAN ADD GLOSS ON THE CLEAN INDOOR AIR ACT. SPECIFICALLY AUTHORIZES APD TO ENFORCE THE CLEAN INDOOR ACT. THAT WOULD BE THE ENFORCEMENT ON A PARK OR SIDE WALK. >>COUN. BASSAN: NOW MY QUESTION IS, MR. PRESIDENT, DO WE -- WHAT'S THE URGENCY IN PASSING THIS OR SHOULD WE CONSIDER A DEFERRAL TO IRON OUT DETAILS ? ENVIRONMENTAL HEALTH IS STILL WAITING TO SEE WHAT HAPPENS AT THE STATE LEVEL. IS THERE AN URGENCY? I'LL ASK MR. MELENDREZ WITH REGARD TO THE TIMELINE FOR GETTING THIS IN PLACE. >> MR. PRESIDENT, COUNCILORS, I THINK -- IF YOU THINK ABOUT WHAT'S GOING ON IN THE STATE, WITH RESPECT TO CANNABIS, THE TIME FRAME FOR RECREATIONAL PURCHASES AND USE IS APPROACHING AT THE BEGINNING OF APRIL. THERE'S NOT A HARD TIMEFRAME IN WHICH IF THE COUNCIL DOESN'T ACT UPON THIS IMMEDIATELY THAT IT WOULD NOT BE ABLE TO ACT UPON IT AT A LATER TIME. HOWEVER, ACTING UPON IT NOW WOULD SET THE RULES IN PLACE FOR THE CITY IN WHAT THE CITY'S EXPECTATION IS IN ADVANCE OF RECREATIONAL COMING ONLINE. >>COUN. BASSAN: I WOULD LIKE TO MOVE DEFERRAL FOR 30 DAYS ON THIS. I THINK THAT IT SOUNDS TO ME LIKE WE'RE PUTTING THE CART BEFORE THE DIRECTOR SAID THEY'RE WORKING ON STAFFING UP ENFORCEMENT. EVEN IF WE PASS THIS, WHAT'S TO SAY WE'RE GOING TO BE ABLE TO DO ANYTHING ABOUT IT AND THAT MAKES US LOOK FOOLISH. IT BEHOOVES US TO MAKE SENSE AND SEE WHAT HAPPENS WHAT COMES OUT IN THE NEXT COUPLE OF WEEK AND REVISIT THIS SO WE CAN MOVE FORWARD KNOWING HOW IT GOES. I DON'T THINK THAT MEANS IT WILL BE TOO LATE. WE CAN POLISH IT UP AND DO THINGS IN THE RIGHT ORDER. >>COUN. BENTON: THAT MOTION IF I CAN ADJUST IT TO THE SECOND MEETING IN APRIL. WE DO HAVE A QUEUE LINED UP TO SPEAK. THERE'S A MOTION. IS THERE A SECOND? COUNCILOR FIEBELKORN. THAT IS THE MOTION ON THE FLOOR, COUNCILORS. WE DO NEED TO SPEAK TO THAT. I'LL CONTINUE WITH THE FOLKS WHO ARE IN THE QUEUE. COUNCILOR SANCHEZ. >>COUN. SANCHEZ: I ACTUALLY THINK MY COMMENT COULD HAVE AN EFFECT ON THE MOTION. AS A RETIRED LAW ENFORCEMENT OFFICER, THE CITY ORDINANCE ARE TOTALLY FULL OF THESE KIND OF THINGS THAT GO ON. MR. MELENDREZ CAN TELL YOU THAT. ANY LAW ENFORCEMENT OFFICER CAN TELL YOU WE HAVE CITY CODE, STATE CODE AND FEDERAL CODE. EVERY SINGLE -- ALMOST EVERY SINGLE LAW THAT WE LOOK AT IN THE MISDEMEANOR CONTEXT IS LITERALLY AS A DUPLICATE AT THE CITY LEVEL. IT'S VERY IMPORTANT THAT THE CITY HAS AN ARM TO BE ABLE TO ENFORCE THESE. YOU HAVE THE JURISDICTION, BUT WHAT HAPPENS IF YOU GET IN A SITUATION WHERE THE STATE IS NOT AVAILABLE TO ENFORCE THE LAW AND YOU CAN REACH OVER TO A POLICE OFFICER TO ENFORCE THE LAW OR CODE ENFORCEMENT TO ENFORCE THE LAW. IT'S VERY IMPORTANT, EVEN THOUGH THESE LAWS ARE DUPLICATED YOU HAVE TO UNDERSTAND IT'S CONSTANT AND IT HAPPENS MORE THAN YOU WOULD THINK. I THINK IT'S VERY, VERY IMPORTANT THAT WE HAVE A LAW THAT WE CAN ENFORCE AT THE LOCAL LEVEL IN ORDER TO MAKE SURE THE PUBLIC IS KEPT SAFE. IT'S ABOUT SAFETY, AND DOING THE RIGHT THING FOR NOT ONLY JUST THE CANNABIS DISTRIBUTORS BUT ALSO PEOPLE THAT USE CANNABIS AND ALSO FOR THE INDIVIDUALS WHO ARE THE CITIZENS OF ALBUQUERQUE WHO MAY NOT FEEL THE SAME WAY AS EVERYONE ELSE AND MAY NEED SOME SORT OF ENFORCEMENT. WE DON'T KNOW WHAT'S GOING TO HAPPEN. THIS IS A SUBJECT WE HAVE NO IDEA OF HOW THINGS ARE GOING TO TREND. TO GET RID OF A LOCAL ENFORCEMENT AT THIS EARLY STAGE OF A GAME IS A VERY BAD DECISION. I THINK WE CAN SEE HOW WE CAN USE THE ENFORCEMENT TO ACTUALLY HELP ON BOTH SIDES OF THIS. >>COUN. BENTON: THANK YOU, COUNCILOR. COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. I AGREE IF IT'S A GOOD LAW. ONE OF MY CONCERNS, I THINK THIS LAW IMPACTS PEOPLE OF COLOR. OFTENTIMES SOME OF THESE LAWS THAT ARE WELL-INTENDED ACTUALLY AFFECT A DISPROPORTIONATE AMOUNT OF MINORITIES IN THE COMMUNITY. IT'S SIMILAR TO WHERE WE ARE TALKING ABOUT MARIJUANA AND THESE LAWS AND AS WE BEGIN TO MAKE THESE LEGAL WE HAVE A LAW ON THE BOOKS THAT SAYS OFFICERS CANNOT HAVE SMOKED MARIJUANA IN THE LAST THREE YEARS AND GUESS WHO THAT EFFECTS. THAT EFFECTS PEOPLE OF COLOR. WE NEED TO WORK ON THESE LAWS AND SEE WE'RE MAKING SOMETHING LEGAL AND CREATING BARRIERS AND BOUNDARIES FOR PEOPLE OF COLOR THAT USE MARIJUANA, I THINK WE REALLY HAVE TO PAY ATTENTION TO THAT. I WOULD SUPPORT THE DEFERRAL. IN THIS CURRENT FORM I DON'T SUPPORT THIS LEGISLATION. >>COUN. BENTON: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I AGREE THERE'S LOTS OF OPPORTUNITIES IN THE STATE LAW AND LOCAL LAW. I THINK THE TREND SHOULD BE TOWARD LESS ENFORCEABLE TOOLS THAT CAN BE TREATED DIFFERENTLY DEPENDING ON APD OR ENVIRONMENTAL HEALTH IS TALKING TO. WE ALL KNOW HAVING ADDITIONAL ENFORCEMENT TOOLS THAT CAN BE TREATED DIFFERENTLY DEPENDING IF YOU'RE TALKING TO ME OR PERSON OF COLOR. THAT'S AN UNFAIR OF DEALING WITH SITUATIONS. CANNABIS IS LEGAL. IF WE HAVE SOMEBODY SMOKING CANNABIS IN PUBLIC IN A NON-CANNABIS CONSUMPTION AREA. IT CAN WE ENFORCED BY APD. WE DON'T NEED UNFAIR LAWS THAT CAN UNJUSTLY TARGET CERTAIN TYPES OF PEOPLE. >>COUN. BENTON: COUNCILOR JONES. >>COUN. JONES: THANK YOU, MR. PRESIDENT. THESE ARE ALL MAKING SENSE IN TODAY'S WORLD. I DON'T UNDERSTAND HOW WE CAN SAY WE CAN'T ENFORCE THIS IF IT IS A LAW AND IT'S UNJUST WHEN IN FACTIC WE HAVE LAWS AGAINST DRINKING ALCOHOL, WHICH IS LEGAL. WE HAVE LAWS AGAINST DRINKING LAWS. WE HAVE CONSUMPTION IS LEGAL AND NOT LEGAL. WE HAVEN'T NARROWED THAT DOWN TO A PERSON OF COLOR OR ETHNIC BACKGROUND. I THINK A LAW, IS A LAW, IS A LAW. IF WE'RE GOING TO ALLOW PUBLIC CONSUMPTION OF CANNABIS, WE BETTER BE CAREFUL HOW WE DO IT. I'M NOT SAYING WE SHOULDN'T HAVE PUBLIC CONSUMPTION, I'M SAYING DO WE WANT IT WALKING UP AND DOWN OUR SIDEWALKS WHILE TOURISTS, MANY TIMES OLDER PEOPLE, MANY TIMES FAMILIES, DO WE WANT THE SMOKING TO BE ALLOWED, THE CONSUMPTION TO BE ALLOWED ON THE CITY STREETS, SIDEWALKS? WE CAN'T NARROW THIS DOWN EITHER WAY. WE CAN'T SAY THIS IS NOT RIGHT BECAUSE WE'RE GOING TO AFFECT A CERTAIN KIND OF PEOPLE. LAWS ARE LAWS ARE LAWS AND SHOULD BE ENFORCED THE SAME. I KNOW YOU'RE GOING TO TELL ME THAT'S NOT GOING TO HAPPEN. BUT IT IS THE WAY THE LAW WORKS. WE CAN'T SAY WE CAN EXCLUDE THIS PARTICULAR SEGMENT OF PEOPLE BECAUSE IT'S NOT FAIR AND IT'S ENFORCED MORE. WHICH IS THE SAME AS SAYING THIS PARTICULAR CLASS OF PERSON, IT'S OKAY FOR THEM TO DO SOMETHING BUT IT ISN'T OKAY FOR ME TO DO SOMETHING BECAUSE I'M AN OLD WHITE WOMAN. I'M VERY WHITE AND VERY OLD. I THINK WE HAVE TO BE CAREFUL ABOUT HOW WE PRESENT THESE THINGS AND DEAL WITH IT. ARE WE GOING TO MAKE CANNABIS CONSUMPTION LEGAL AND OKAY ON ALL OF OUR SIDEWALKS? OR ARE WE GOING TO TRY TO CONFINE IT TO CERTAIN AREAS OF THE CITY OR CERTAIN AREAS OF THE FACILITIES? THE PROFESSIONAL BUSINESS. WE CAN'T PULL OUT ONE KIND OF PERSON OR ANOTHER. WE CAN'T SAY THAT BECAUSE YOU ARE ONE TYPE OF PERSON YOU CAN'T DO THIS, BUT IF YOU'RE TYPE OF THIS PERSON, EVEN THOUGH THE LAW SAYS YOU CAN'T DO IT YOU CAN DO IT. WE HAVE TO BE FAIR ABOUT LAWS, AND I KNOW THEY HAVEN'T BEEN FAIR IN THE PAST. I HAVE A REAL PROBLEM WITH YOUR STATEMENT AND YOUR ARGUMENT, COUNCILOR FIEBELKORN, AND NOT JUST AGAINST YOU. BUT I THINK IF WE'RE GOING TO HAVE LAWS WE NEED TO HAVE LAWS AND THEY'RE THE SAME FOR EVERYONE. I FOR ONE DO NOT LIKE THE IDEA OF OUR TOURISTS WHO AREN'T ALL IN FAVOR OF CANEBUS CONSUMPTION WHO WOULD GNAW -- NOW WE WALKING IN THE STREETS WHERE IT'S ALLOWED. THAT'S WHAT WE'RE DOING. WE'RE SAYING YOU CAN DO THIS. YOU CAN'T CONFINE IT TO A PATIO. I THINK WE NEED TO THINK ABOUT THIS. DO WE NEED DEFER IT? MAYBE WE DO. ARE WE READY TO VOTE ON THAT NOW? I'M NOT APPRECIATING THE ARGUMENT THE WAY IT'S COMING OUT. THIS IS NOT AN ISSUE OF ONE KIND OF PERSON AGAINST ANOTHER PERSON. WE'RE TALKING ABOUT CONSUMPTION OF CANNABIS. AND HOW TO DEAL WITH IT. >>COUN. BENTON: MR. MELENDREZ, I'M GOING TO ASK, TO CLARIFY, THIS IS ONLY A MOTION FOR THE DEFERRAL. I'VE ALLOWED EVERYONE TO SPEAK THEIR PIECE ON IT. I WANTED TO ASK A QUESTION TO BOTH. WITH THE EXAMPLE OF ALCOHOL FOR PUBLIC CONSUMPTION OUTSIDE OF PRIVATE SITE. DO WE HAVE OUR OWN ORDINANCES ON THAT IN ADDITION TO THE STATE ORDINANCE? >> MR. PRESIDENT, I AM NOT SURE IF WE HAVE AN OPEN COMPTIONTION WITHIN THE CITY. I KNOW IT'S ILLEGAL WITHIN THE CITY. I'M NOT SURE THE SOURCE OF THAT. WE CAN FIND THAT OUT RELATIVELY QUICKLY. >>COUN. BENTON: I'M GOING TO SUPPORT THE DEFERRAL MOTION. I WOULD LIKE AN MEMO FROM THE CITY ATTORNEY'S OFFICE WITH REGARD TO THAT QUESTION. UNLESS THERE'S ANY OTHER COMMENTS WE'LL MOVE TO VOTE. COUNCILOR PEÑA. >>COUN. PEÑA: JUST ONE MORE. I APPRECIATE COUNCILOR JONES'S COMMENTS AND HOW SHE VIEWS IT. BEING A PERSON OF COLOR, I JUST WANT TO SAY A LAW IS A LAW IS A LAW, AS WE SEE WHAT'S HAPPENING IN OUR NATION SOMETIMES PEOPLE OF COLOR ARE THE PEOPLE WHO HAVE THE RUN INS WITH THE LAW OR JUST DIFFERENT TYPES OF THINGS. I JUST WANT TO SAY THAT I WISH A LAW WAS A LAW AND WE ALL HAD TO FACE IT THE SAME, UNFORTUNATELY, WHEN THERE IS A PERSON NOT OF COLOR WALKING DOWN THE STREET AND MAYBE SMOKED MARIJUANA AND YOU HAVE A PERSON OF COLOR WHO IN SOME PEOPLE UNFORTUNATELY THINK OF THEM DIFFERENTLY THEY WOULD BE MORE LIKELY TO GET PULLED OVER. THAT'S WHERE MY CONCERN LIES. I WISH IT WAS BLACK AND WHITE AS YOU VIEW IT. UNFORTUNATELY, IT'S NOT UNTIL WE GET THERE WE HAVE TO MAKE SURE WE'RE GOOD STEWARDS OF THE LAWS AND POLICIES WE PASS TO ENSURE WE HAVE EQUITY ACROSS THE BOARD. >>COUN. BENTON: THERE'S A MOTION AND A SECOND FOR THE DEFERRAL TO THE SECOND MEETING IN APRIL. >> MR. PRESIDENT, THAT WOULD BE APRIL 18. >>COUN. BENTON: APE -- APRIL 18. ALL THOSE IN FAVOR, SAY YES AND RAISE YOUR HAND. ALL THOSE OPPOSED? THAT FAILS ON A 4-4 VOTE. WE'RE BACK ON THE BILL. ANY FURTHER COMMENT? >> MR. PRESIDENT, IF I MAY I HAVE AN ANSWER ON THE OPEN CONTAINER. THE CITY DOES HAVE INDEPENDENT ORDINANCE PROHIBITING OPEN CONTAINERS. >>COUN. BENTON: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: I THINK THAT'S A PERFECT EXAMPLE OF WHAT I'M TALKING ABOUT. I DID NOT KNOW THAT WAS A LAW. I WAS IN MY NEIGHBORHOOD PARK AND WE HAD SOME MARGARITAS. AN OFFICER CAME UP TO US AND SAID THAT'S ILLEGAL. PLEASE PUT IT AWAY. WE SAID WE'RE SO SORRY. ALSO IN MY PARK, THE PERSON OF COLOR WAS FOUND DRINKING AND THEY RECEIVED A TICKET. THAT IS HOW IT'S ACTUALLY WORKING IN THE REAL WORLD. ADDING ADDITIONAL TOOLS TO PUNISH SOME PEOPLE IS NOT OKAY WITH ME. I WILL SAY AGAIN, FOR THE RECORD IT'S ILLEGAL IN THE STATE OF NEW MEXICO TO SMOKE CANNABIS IN PUBLIC. PERIOD. IT'S A STATE LAW. I'M SAYING WE DON'T NEED TO ADD ADDITIONAL TOOLS THAT CAN PUNISH SOME PEOPLE AND NOT OTHERS. >>COUN. BENTON: COUNCILOR SANCHEZ. >>COUN. SANCHEZ: 26 YEARS OF LAW ENFORCEMENT, AND I'M A PERSON OF COLOR, I ENFORCE THE LAW AS THE LAW WAS THE LAW. I DIDN'T DO ANY OF THE THINGS THE COUNCILORS ARE TALKING ABOUT. I ENFORCE THE LAW. IF YOU BROKE THE LAW, I DIDN'T CARE WHAT LAW IT WAS, I DON'T CARE WHO WAS SITTING THE. BREAKING THE LAW, I ARRESTED ON BREAKING THE LAW. I DID IT FOR 26 YEARS. I'M CONFIDENT I DID THE JOB THE WAY IT WAS SUPPOSED TO. MY FELLOW MEN AND WOMEN OF THE ALBUQUERQUE POLICE DEPARTMENT, EVERY TIME THEY WERE WORKING THEY DID THE SAME THING. THEY ARRESTED BASED ON THE LAW. THEY TOOK AN OATH OF OFFICE. IT'S NOT AN EASY THING TO DO. YOU'RE ALWAYS TALKED ABOUT IT, AND SCRUTINIZED. WE GO THROUGH HOURS AND HOURS AND HOURS OF TRAINING IN REFERENCE TO THESE KINDS OF ISSUES. I BELIEVE THAT SOMETIMES WHEN THE TALK COMES UP ABOUT THIS, IT'S ACTUALLY REVERSED DISCRIMINATION. BECAUSE WHEN I WAS OUT THERE WORKING THE STREETS, WE DID NOT DO IT. I WAS WORKING WITH OFFICERS OF EVERY RACE AND GENDER AND COLOR. EVERY SINGLE TIME WE MADE AN ARREST WE DIDN'T SAY, HEY THIS PERSON IS A DIFFERENT COLOR THAN I AM AND I'M GOING TO ENFORCE THE LAW DIFFERENTLY. THAT NEVER, EVER IN 26 YEARS CAME UP. WE ENFORCE THE LAWS BASED ON THE LAW WRITTEN. IF YOU BROKE THE LAW OR NOT AND YOU HAD PROBABLE CAUSE TO REST. PERIOD. I THINK IT'S REALLY IMPORTANT THAT WE HAVE ENFORCEMENT AT THE CITY LEVEL IN REFERENCE TO THIS ISSUE. IT'S ONE OF THE MOST IMPORTANT THINGS THAT WE'RE LOOKING AT BECAUSE IF SOMETHING GOES -- YOU FIGURE A POLICE OFFICER, IF SOMEBODY IS CONSUMING IN AN AREA THEY SHOULDN'T WE AND LET'S SAY THAT SMOKE TRANSFERS TO A WHO CAN GET SICK. IT TRANSFERS TO A TEENAGER THAT CAN GET SICK, MAYBE IT TRANSFERS TO A LAW ENFORCEMENT OFFICER OR PUBLIC SAFETY INDIVIDUAL, MAYBE SOMEBODY WHO HAS TO TAKE DRUG TESTS ON A CONTINUOUS BASIS LIKE WE DID WHEN WE WORKED NARCOTICS, WHEN I WORKED NARCOTICS AND IN THE FIELD SERVICES BUREAU, THESE THINGS ARE VERY, VERY NECESSARY. IT'S REALLY AN IMPORTANT THING SO THAT WE DON'T CROSS-CON TAMINATE PEOPLE THAT DON'T NEED IT. WE SHOULD HAVE AN ENFORCEMENT ARM TO DO THAT. >>COUN. BENTON: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT. I GUESS I DIDN'T FOLLOW AND READ THROUGH ALL OF THE STATE LAWS TO COMPARE WITH CITY LAWS. ARE WE SAYING THIS IS NOW ALLOW APD TO BE ABLE TO ENFORCE THE LAW WHEN IT COMES TO IF PEOPLE ARE CONSUMING CANNABIS OUTSIDE OF A DESIGNATED LOCATION? IF WE NOW HAVE IT AS AMENDED, MEAN THE APD WILL BE ABLE TO ENFORCE THE LAW, OR DID IT BEFORE MEAN THE APD COULD ENFORCE THE LAW? >> WITH THIS AMENDMENT THE CITY -- APD HAS A CITY ORDINANCE TO ENFORCE. ABSENT THIS AMENDMENT, APD WOULD NOT. >>COUN. BASSAN: THANK YOU, THAT'S ALL I NEED TO HEAR. >>COUN. BENTON: NO OTHER COMMENTS? >> MAY I SPEAK FOR A MOMENT? COUNCILOR BENTON, COUNCILOR BASSAN, I AGREE WITH WHAT MR. MELENDREZ SAID. APD WOULD NOT BE ABLE TO ENFORCE THE CITY ORD THNS ABSENT AN ORDINANCE. THEY'RE ABLE TO ENFORCE STATE LAW. MY UNDERSTANDING IS AS TO WHAT HAS BEEN PREVIOUSLY SAID, SMOKING CANNABIS IN PUBLIC IS PROHIBITED BY STATE LAW. APD WOULD BE ABLE TO ENFORCE. >>COUN. BENTON: MR. MELENDREZ, I'LL ALLOW YOU TO GIVE YOUR OPINION ON THAT. >> MR. PRESIDENT, I'LL APOLOGIZE FOR THE CONFUSION AROUND THIS ISSUE. I DID NOT CREATE IT. THE TWO CONTEXT THIS COMES UP IN THE CANNABIS REGULATION ACT DEAL WITH LICENSEES AND A STATEMENT ABOUT NOT PROHIBITING AND NOT ALLOWING. SO THE CANNABIS REGULATION ACT SETS UP THE FRAMEWORK WITHIN WHICH RECREATIONAL CANNABIS CAN BE USED AND CONSUMED WITHIN THE STATE. THE PROVISION DEAL LARGELY WITH HOW LICENSES ARE HANDLED IN THE STATE AND WHATLIANCES MAY OR MAY NOT DO. THE FIRST WAY THIS COMES UP WITH RESPECT TO PROVISIONS ON CANNABIS CONSUMPTION AREAS. IT HAS REGULATIONS THAT PROCURERS AND PURCHASES OF CANNABIS CANNOT SMOKE CANNABIS IN A PUBLIC PLACE RELATED TO A LICENSE, IN OTHER WORDS THEY'RE GOING INTO AN ESTABLISHMENT, UNDER WHAT CIRCUMSTANCES CAN YOU SMOKE CANNABIS ON A LICENSE PREMISE. IN THE CONTEXT OF THE ACTS, WHAT IT'S SAYING IS YOUR NOT PERMITTED TO SMOKE CANNABIS ON A LICENSED PREMISE OUTSIDE OF A SELLING LOCATION. THE OTHER THING THE ACT SAYS IS NOTHING SHALL BE CONSTRUTED OF PERMITTING SMOKING CANNABIS IN PUBLIC. NEITHER PROVISION HAS SOMETHING THE LAW ENFORCEMENT CAN BE ABLE TO DO TO ENFORCE. IT'S SAYING YOU'RE NOT ALLOWED TO SMOKE IN PUBLIC. WE'RE NOT SAYING YOU CAN OR CAN'T AS FAR AS PUBLIC PLACE BEING A PLACE OUTSIDE OF LICENSED PREMISE. WE'VE DEALT WITH ISSUES IN THIS COUNCIL BEFORE ABOUT WHAT IS REQUIRED FOR AN ORDINANCE TO BE CRIMINALLY ENFORCEABLE. IN ORDER FOR IT TO BE ENFORCEABLE ANY LAW ENFORCEM OFFICER, IT HAS TO HAVE LANGUAGE MUCH MORE CLEAR THAN A STATEMENT THAT NOTHING SHALL MEAN YOU CANNOT OR CONSTRUED AS. IN ORDER FOR A CRIMINAL ORDINANCE TO BE ENFORCEMENT, IT HAS TO HAVE REFERENCE TO PROHIBITION OR PENALTY. ANY ORDINANCE THAT DOESN'T HAVE EXPRESSED REFERENCE TO SPECIFIC PENALTY DEFAULTS TO STANDARD MISDEMEANOR PENALTY. THAT'S THE RULE WITHIN THIS PROVISION EXISTS. IT'S NOT INCONSISTENT WITH THE EXACT. THE ACT DOES NOT CONSIDER AUTHORIZATION TO SMOKE OUTSIDE OF A LICENSED PREMISE. IT CONM PLATES ONLY WITHIN LICENSED AREA. THE NATURE OF THIS PROPOSAL IF THE COUNCIL ENACTS WOULD FILL THAT GRAY AREA OF WHETHER OR NOT ONCE YOU PURCHASE SOMETHING IN A CANNABIS ESTABLISHMENT AND YOU WALK INTO THE SIDE WALK WHAT YOUR RIGHTS AND LIMITATIONS ARE. THE CANNABIS LIMITATION ACT DOES NOT DEAL WITH THAT. >>COUN. BENTON: DID THE STATE AMEND THE ACT WITH REGARD TO THE SUBJECT? >> MR. PRESIDENT, IT DID NOT. DID -- IT DID NOT AMEND IT WITH RESPECT TO THIS. >>COUN. BENTON: COUNCILOR FIEBELKORN. >>COUN. FIEBELKORN: THANK YOU, MR. PRESIDENT. I WANTED TO POINT OUT THAT THE STATE DID NOT AMEND THE JOHNSON INDOOR AIR QUALITY ACT BECAUSE THIS IS NOT INDOOR AIR QUALITY. WE'RE ALSO TRYING TO PUT THIS IN OUR INDOOR AIR QUALITY ACT. THAT'S A PROBLEM AS WELL. THAT IS ONE THAT WAS UPDATED. >>COUN. BENTON: COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I'M ALL FOR MAKING SURE TO GIVE APD ANY TOOLS NECESSARY TO SIMPLIFY AND STREAMLINE THEIR JOB. I'M NOT EXCITED ABOUT GIVING THEM MORE TO DO. I THINK THEY'RE BURIED IN THAT. I'M NOT EXCITED ABOUT AN ENVIRONMENTAL HEALTH ENFORCING THESE LAWS WHEN THERE SEEMS TO BE A LITTLE BIT OF CONFUSION. I ALSO AM IN FAVOR OF MAKING SURE WE CLEAR UP ANY GRAY AREAS AS MR. MELENDREZ POINTED OUT. I WON'T KEEP DOING THIS. DUE TO THE LACK -- EXPRESSION OF SOME CONFUSION AND SOME NEED FOR CLARITY, BASED OFF WHAT I HEARD, WOULD LIKE TO MAKE A MOTION TO DEFER UNTIL THE FIRST MEETING IN APRIL. I THINK THIS IS SOMETHING TO FIND A MIDDLE GROUND OR MAKE SURE WE UNDERSTAND A LITTLE BIT BETTER INSTEAD OF BEING ONE EXTREME OVER THE OTHER. I STILL STAND BY MY CART BEFORE THE HORSE. >>COUN. BENTON: MR. MELENDREZ, THIS IS A DIFFERENT MOTION BECAUSE OF THE DATE? >> MR. PRESIDENT, THAT'S CORRECT. THIS IS FOR APRIL 4th. IF THE DUE PASS FAILS AGAIN -- I'M SORRY, IF THE DEFERRAL FAILS AGAIN, WE DEFAULT BACK TO DUE PASS. IF THAT FAILS BY A TIE, THE BILL DIES AT THAT POINT FOR LACK OF A MOTION IN THE AFFIRMATIVE. >>COUN. BENTON: THAT'S PRETTY CLEAR, I THINK. AGAIN, I SUPPORT THE MOTION FOR DEFERRAL BECAUSE I THINK WE COULD USE A COLLECTIVE UNDERSTANDING OF ALL THE IMPLICATIONS OF OUR ACTIONS TONIGHT. I THINK WE CAN SAVE OURSELVES BRAIN DAMAGE AT SOME POINT OF SOME OF THE PROVISIONS IN THE BILL WE'RE GOING TO NEED. WE'RE FOCUSED ON ASPECT OF ONE PART OF IT. THE REST OF THE BILL IS GOING TO BE NECESSARY AT SOME POINT. IF THERE'S NO OTHER COMMENTS AT THIS POINT, WE'LL VOTE ON THE DEFERRAL. ALL THOSE IN FAVOR RAISE YOUR HAND AND SAY YES. OPPOSED? THAT PASSES ON A 5-3 VOTE. THANK YOU. THAT BILL IS DEFERRED UNTIL THE 4th OF APRIL. WE'LL MOVE TO COUNCILOR LEWIS FOR COMMITTEE SUBSTITUTE 01. >>COUN. LEWIS: MR. PRESIDENT, IT'S AMENDING THE ENACTMENT NUMBER 18-T TO RESCIND THE 1/8 OF THE OVERALL 3/8 OF 1%. I MOVE A DUE PASS. >> THANK YOU, MR. PRESIDENT. OUR FIRST SPEAKER IS ADAM. TURN YOURIO -- YOUR VIDEO ON. UNMUTE YOURSELF. AND YOUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> MR. PRESIDENT, COUNCILOR LEWIS, THANK YOU FOR HAVING ME TONIGHT. I'M A CPA HERE IN ALBUQUERQUE. I'M CALLING TO SUPPORT THE REDUCTION OF THE GROSS RECEIPTS TAX. IT'S MY UNDERSTANDING THIS TAX IS MANDATED NOT APPROVED BY THE VOTERS. I FEEL LIKE MAKING ALBUQUERQUE A BETTER PLACE IS GOOD FOR US ALL. TO DO THAT WE NEED TO BRING THE POOR OUT OF POVERTY. I'M SORRY, I'M HAVING ISSUES ECHO ISSUES. THIS IS A TAX ON THE POOR. IT'S A TAX ON THE ELDERLY. IT'S A TAX ON PEOPLE OF COLOR. AND IT'S A TAX ON EVERY GENDER. WE ARE IN A PERIOD OF INFLATIONARY TIMES. WE ALL WORKING ONE MONTH OUT OF THE YEAR FOR NOTHING BECAUSE OF OUR INFLATION. WE NEED TO MAKE ALBUQUERQUE A BETTER PLACE. WE NEED TO INCREASE THE WEALTH OF THE POOR. THEREFORE, BRING DOWN CRIME. AS PER THE USE OF THIS MANDATED TAX, I UNDERSTAND IT MAY BE FOR FREE BUS FAIR OR OTHER ITEMS. MY MOTHER GOT HIT BY THE BUS THE OTHER DAY. SHE IS NOT THE ONLY ONE THAT GOT HIT ACCORD TO THE ART BUS DRIVER. THERE ARE FARE HONEST -- YOU PASSED THE THINGS LIKE SMOKING POT IN PUBLIC AND MAKE THE COPS TAKE CARE OF IT, THE COPS ARE BUSY OF CRIME. CRIME IS AN ISSUE, HOMELESSNESS IS AN ISSUE. THESE PEOPLE ARE BUSY. AS FOR MY MOTHER SHE WAS IT PHYSICALLY INJURED. PLEASE REDUCE OUR TAXES AND EVEN BY AN 1/8 OF A PERCENT. THAT'S GOING TO BE A LOT. THANK YOU. >> THANK YOU. OUR NEXT SPEAKER IS MIGUEL. TURN YOUR VIDEO ON, UNMUTE YOURSELF, AND YOUR TIME WILL BEGIN WHEN YOU START SPEAKING. >> THANK YOU. COUNCILOR BENTON, COUNCILORS, I'M THE PRESIDENT OF THE IFF LOCAL 244 REPRESENTING FIRE FIGHTERS IN ALBUQUERQUE AND BERNALILLO COUNTY. WE WOULD ALSO UNDERSTAND AND APPRECIATE THE SENTIMENT TO LOWER THE TAXES PRESENTED BY COUNCILOR LEWIS. BUT WITH THE CURRENT SITUATION OF HOMELESSNESS CHALLENGE BEING ON GOING AND ELEVATED INFLATION, POST-PANDEMIC VOLATILE ECONOMY AND THE BIGGEST REASON OUR PUBLIC SAFETY STAFFING AND CHALLENGES CONTINUE FOR APD AND ALBUQUERQUE FIRE RESCUE, THE FIRE FIGHTERS IN ALBUQUERQUE DO NOT SUPPORT THIS BILL. WE URGE COUNCILORS TO NOT SUPPORT THIS BILL. THANK YOU. >> THANK YOU. MR. PRESIDENT, THAT CONCLUDES PUBLIC COMMENT. >>COUN. LEWIS: I WANT TO THANK THOSE THAT COMMENTED TONIGHT AND ALL THE EMAILS THAT CAME IN OVER THE LAST FEW WEEKS. I APPRECIATE THE OTHER. MANY EMAILS THAT CAME TO THE COUNCIL. MY INTENTION TONIGHT, I THINK IT'S THE INTENTION OFFENSE -- OF THE SPONSORS OF THE OTHER BILL IS TO HAVE CONVERSATIONS AND GET ALIGNMENT ON THE TWO BILLS. I'M GOING TO MOVE A DEFERRAL. I WOULD SAY THAT WE'VE HAD SOME BUDGET BRIEFINGS OVER THE LAST WEEK AND VERY CLEAR AND IN PUBLIC THAT WE'VE HAD A PRETTY LARGE INCREASE IN REVENUE OVER THE LAST YEAR. ABOUT $90 MILLION OF PROJECTED BUDGET REVENUE. SO, I'M LOOKING FORWARD TO CONTINUE TO MAKE THIS CASE AND TALK THIS THROUGH. I DO WANT TO MOVE A TWO-WEEK DEFERRAL TO THE NEXT COUNCIL MEETING. AND AGAIN, WE HOPE TO GET ALIGNMENT ON THESE TWO BILLS. >>COUN. BENTON: THANK YOU. WE HAVE A SECOND FROM COUNCILOR DAVIS. JUST TO CONFIRM THAT IS OUR SAME INTENTION ON THE NEXT BILL. WITH THAT, ALL THOSE IN FAVOR OF THE DEFERRAL SAY YES. OPPOSED? THAT PASSES UNANIMOUSLY. WE'LL MOVE TO ITEM F. COUNCILOR DAVIS, COUNCILOR FIEBELKORN, AND MYSELF. COMMITTEE SUBSTITUTE O-9. THIS IS AMENDING THE ENACTMENT OF THE COUNCIL BILL O-18-9 WHICH IS THE GROSS RECEIPTS TAX. I MOVE A DUE PASS. THERE'S A MOTION AND SECOND FROM COUNCILOR FIEBELKORN. WE DO HAVE INDIVIDUALS SIGNED UP TO SPEAK TO THIS MATTER. JUST FOR THE INFORMATION OF THE INDIVIDUALS. WE DO INTEND TO DEFERRAL WHAT WE WANT TO HEAR FROM YOU. >> THANK YOU, MR. PRESIDENT. WE HAVE RACHEL BIGS. >> GOOD EVENING, MR. PRESIDENT, I DO UNDERSTAND THE INTENT TO DEFER. I COULDN'T PASS UP THE OPPORTUNITY TO SPEAK IN SUPPORT OF THIS AMENDMENT TO THE ORDINANCE. I'M REALLY EXCITED ABOUT THIS. I'M WITH ALBUQUERQUE HEALTH CARE FOR THE HOMELESS. A FEDERALLY QUALIFIED HEALTH CENTER THAT SEVERS 7,000 INDIVIDUALS WITHOUT HOME IN BERNALILLO COUNTY. AS WE KNOW ALBUQUERQUE WAS EXPERIENCED A HOUSING CRISIS BEFORE THE PANDEMIC BEGAN AND COVID MADE IT WORSE. TOO MANY OF OUR FAMILIES HAVE STRUGGLED TO REMAIN STABLY HOUSED DUE TO SHORTAGE OF AFFORDABLE HOUSING. WE ALSO KNOW ALBUQUERQUE AND AFFORDABLE HOUSING IN ALBUQUERQUE IS A MAIN DRIVER OF APPROVING PUBLIC SAFETY. AFFORDABLE HOUSING DEVELOPMENT BIFTS COMMUNITIES WITH PROPERTY AND INCREASING OR STABILIZING PROPERTY VALUES OVER TIME. THE URBAN INSTITUTE REPORT COMMISSIONED BY THE CITY OF ALBUQUERQUE RECOMMENDS THE CITY CLOSE 15,000 UNIT GAP OF AFFORDING HOUSING GAP THAT EXISTS. AND PRODUCING NEW UNITS AND INCREASING HOUSING VOUCHERS. AS STATED BY THE REPORT FINDING THOSE STEPS CAN ADDRESS ALBUQUERQUE'S INCREASING HOMELESSNESS AND HELP THOSE THAT ARE HAVE -- IT'S REALLY ONE OF THE SMARTEST INVESTMENTS WE CAN MAKE IN THE ECONOMY. I URGE YOUR SUPPORT OF THIS AMENDMENT AND TO THE ORDINANCE IN THE FUTURE. THAN YOU FOR YOUR TIME. >> THANK YOU. MR. PRESIDENT, THAT CONCLUDING PUBLIC COMMENT. >>COUN. LEWIS: MR. ESIDENT, R-2 IS AMENDING THE CAL EMERGENCY DUEO THE NOVEL COROVIRUS TO BAN VACCINE REQUIREMENTS AND SETTING BAN FOR REQUIREMTS IN THE FUTURE. I MOVE A DUE PASS. >>COUN. WIS: I MOVE THE RULES BE SUSPENDEDOR ALLOWING R-2 T BE ADOPTED THE SAME EVENING IT SUBSTITUTED. [ INAUDIBLE ]. >>CO. BENTON: MR. MELENDREZ. >> PRIOR TO THAT RULE SUSPENSION, THISS A FLOOR SUBSTITE THAT NEEDS TO TAKE A VOTE ON AT. THE BOTTOM OF PAGE NINE. >>COUN.EWIS: I'LL MAKETHE FIRST MOTION O SPEND THE RUS. WE HAVTO VOTE ON THE FLOOR SUB. THAT'S SEPARATE. AY. MOVE THE FLOOR SUB. >>COUN. BENTON: THERE'S A MOTN THE FLOOR SUBSTITE. COUNCILOR NES SECONDE WE HAVEHEUBSTUTION BEFORE US ALL THOSE IN FR SAY YES. OPPOSED? AT PSES ON AN 8- VOTE WITH COUNCILOR FIEBELKORN OPPOSED. WE'LL MOVE THAT THE RULES -- UNLOR LEWIS. >>COUN. WIS: MR. PRIDENT, SUSPENSI. I'M GOING TO MOV TH RULES B SUSPDED FOR AOWS R-2 THE SA EVENIN IT'S SUBSTITUTED. COBENTON: MOTION AND A SECOND FOM COUILOR JONES TO SUSPEHE RULES TO ACTUALLY ACTON THIS FLOOR BSTITUTE TONIGH A THIS WILL REQUIRETWTHIRDS VOTE. THATS SIX VOTES IN FAVOR IN ORDER T SUSPEND THE S. Y DISCUSSION ON IS? SEEING NONE. AL THOSE IN FAVOR OF THE SUSPENON OF THEULS RAISE OPPOSED? AND SAY YES. THAT PSES ON A6-3. 'REACK ON THE BILL >>COUN. LES:HANK YOU, MR PRESIDENT. IS I REALLYSTRAHTFOARD. IT'SHE INTENION IS RERDLESS OF WHA T LAWS THAT MT HAV T ABDE , WS, THIS WOULD NOT APPY TO TAT. HAVE AB BY ATHG THAT COMES IN THATREGARD. WHATHIS IS SAYIN TH ASAR AS THEITY OF ALBUEQUE THAT O POLICY WILL NT BE TO MANDATE VCINES ANG OUR CITY EMPLOYEES AND GIVE T THE ACE OFIND T N HAVE TO CHOOSE TH NEED. I URG YOURSUPPORT. ANK YOU. >>CO. BEON: OKAY, WRE BAC HE FLOOR SUTITUTE. THIS ISHE MOTIO F FLOOR SUBSTITUTE. ALLHOSE IN FAVOR SAY ABSOLUTEL ISS ON THE SUBSTITUTION. COUN. DAVIS: IHINK WE'V DE TE SUBSTITUTIO I BEEVE WE'RE ON THEOTIONO PASSHE VOTE. INT TO BE SRE WE'RE ON THE SAMEPLACE. >> PRIDENT. HE WAS PROCEDURAL REIREMENTSO GET THIS BI AVAILABLE FORINAL ACON TONIGH THE FIR ACTN THATE'VE DON WAS A DUE PS OFHE ORIGINAL BI. THE SECOND WA TO MOVEHE FLOOR BSTUTE. TH SSES. TH THIRDOTION WAS SUSPENSION OFHE RULES SOHEILLAS SUBSTITU CAN B ACD TOGH TH'S THE MOTI RIGHT NOW E PASS AS SUBSTITUD. >>COUN. BENT: I'S AS SUBSTITED. COCILOR DAIS. >>CO. DAVIS: THANK YOU,R. PRESENT. ON THEATTER OF FINALACTN. HAVE THIS DCUSSIONT O AN IPPREATE COUNCILOLEWIS BRINING IT. IT A DISCUSSION THAT THE COUNITY WANTSOHA. SOME OF THE SFFRITE UPS AND COMMENTS WEARD IN MMITTEE LEDITHASSUTIONS WITH MIG PPENS IF WE MNTAIN VACCINE MAATE. WHE WANT TO ASKFIRSTS I UNDERSTAND IT T CURRENT POLI AN I DON'T KNOW WHEREO G WITH THIS. I'M GOINTO GOO THE ADMINISTRATI-- I GSS W DOT HAVE A CURNTPOLICY. WHASHE CURRENT POLICY RELAT TODAY COVID-19 VACCINE > COUNCILOR DAVI, COUNCILOR BEN PROVISIONN AN ADMINISTRATI OVISN THATLLOW FOR PAID TI OF B THERE'S NO REQUIREME FOR MANDATE FOR CCIN INNY DERTMENT. >>UN. DAVIS: TNK OU, THAT'S HELPL. I APPRECIE THAT. THERE' COMMENT INHE STAFF ITEP A I PUBLICOMMENT THAT IF THE CITY WERE TO PURSUE A MANDAT WE WOULD SEE RESIION FROM PLIC SAFETY IN PARTICULARND EMPLOYEES. THERE WAS CONRSATION IF YOU RECAL ABT A PROPOSAL BILL A THE END OF LAST YEAR ARE YOU AWARE OF ANY PSONS WHO PUT IN A NOTICE T RESIGN OR GIVEOTICE THEY WOU N COPLY EVEN WITH THEPTION TO TEST ON A WEEKLY BASIS TO PVE THEIR ABILI TO COMEO WORK O SW PROOF OF A VAX >>HERE WAS NER AN IMPOSED MANDATE. BU A COUPLE POINTS INTEREST, AW IT WAS BELOW 1 OR 2% OF PEE THAT QUIT IN RESPONSEO VACCINE. WHEN WE DID THIN FEDERAL GOVERNMENT WAS GOING TO REQUIRE A FEDERAL VACCIN WEAD A TEMPORARY REQUEST FOR -- >>COUN. VIS: THANK YOU, MR. PRESIDENT. I APPCIATE WHERE THIS COMES UP. WE TALKED ABOUT THIS AT PUBLIC SAFETY. HE'LL UNDERSTAND FROM HIS O EXPEENCE. I THK WE HAVE CERTAIN CITY EMOYEES THAT DO AN IMPORTANT JOB. WN WE HAVE A CRISISND WE NEED TO REALLOCATE CITY EMPLOYEES, WE HAD BUS DVERS DRIVING SENIOR MILLS AND DELIVERING SENNIER MILLS. WE H FOLKS FROM CULTUAL AFFAIRS WORKING IN PLAYGROUNDS TO DESANITIZE SO KIDS CAN USE THEM AND HAVE A SAFE PLACE TO GO OUTSE. I THINK THE GOVERNMENT HAS AN IMPORTANT JOB. WHEN WE SIGN UP FOR THESE THINGS WE SN UP TO DO WHAT NEEDS TO BE DONE. I WORRY IF WE DON'T HAVE STANDARDS FOR HEALTHY WORKFORCE IN THE CITY. I THINK THE PROPOSAL THAT COUNCILOR BENTON INTRODUCED AND IN LINE WITH WHAT THE ADMINISTRATION INTRODUCED WAS REASONABLE. I DON'T THINK IT WAS A VACCINE MANDATE. IT WAS A TESTING MANDATE. IT SAID IF YOU WANT TO COME TO WORK BRING A TEST, IF YOU DON'T WANT TO TAKE A TEST BRING US PROOF OF VACCINE. THAT SEEMS VERY REASONABLE TO ME. WE HAD A NUMBER OF CITY EMPLOYEES WHO TOOK ADVANTAGE OF THAT PROCESS. I DON'T SEE A NEED TO DO THIS. I THINK IT'S IMPORTANT THE CITY MAINTAINS FLEXIBILITY TO MAINTAIN HEALTHY WORKFORCE. I WILL VOTE AGAINST THIS. >>COUN. BASSAN: MR. PRESIDENT, THE SCIENCE DOESN'T SAY THAT GETTING VACCINATED WILL ACTUALLY KEEP OTHERS SAFE FROM YOU. THE SCIENCE SAYS THAT GETTING VACCINATED KEEPS YOURSELF SAFER FROM OTHERS. I THINK IT'S IRONIC THAT WE'RE ASKING THE FIRST RESPONDERS TO GO IN, CITY EMPLOYEES, WHOEVER AT THE GROUND FLOOR OF MAKING SURE THE CITY CONTINUES TO RUN TO ACTUALLY FILL SITES, PROTECT US, AND DO EVERYTHING EVERYBODY ELSE DOESN'T WANT TO DO WHILE ALSO TELLING YOU WHAT TO DO WITH YOUR OWN PERSONAL HEALTH. IF PEOPLE CHOOSE NOT TO GET VACCINATED IS THEY PUT THEMSELVES AT BIGGER RISK, NOT NECESSARILY TO MINIMIZE THE SPREAD OF COVID FOR OTHERS. I SUPPORT EVERYBODY GETTING VACCINATED, I THINK IT'S IMPORTANT. I THINK IT'S BENEFICIAL AND THE SMART THING TO DO. THAT'S MY OPINION. I DON'T WANT TO END UP EXPRESSING THAT ON BEHALF OF OTHER PEOPLE. NOR DO I THIN WE MANDATE SUCH. I WILL BE IN SUPPORT OF THIS. WE ALLOW PEOPLE TO CHOOSE WHAT'S IMPORTANT TO THEM. ESPECIALLY WHEN IT'S ACTUALLY SAYING YOU SHOULD GET VACCINATED BECAUSE IT KEEPS YOU SAFE. IT'S NOT KEEPING OTHERS SAFE. >>COUN. GROUT: THANK YOU, MR. PRESIDENT. I HEARD FROM THE APOA UNION PRESIDENT AND ALSO THE AFR VICE-PRESIDENT AND THEY BOTH ASKED THAT WE DON'T MAKE THOSE FOLKS GET VACCINE UNLESS THEY WANT TO. I BELIEVE YOU SHOULD GET A VACCINE. I THINK IT'S IMPORTANT IT SHOULD BE A PERSONAL CHOICE. >>COUN. BENTON: THANK YOU. COUNCILOR PEÑA. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. JUST A QUICK QUESTION. YOU KNOW, LIKE YOU CAN AGREE WITH EVERYONE WHO IS SPEAKING, BUT THE TRUTH OF THE MATTER IS WE DO NOT HAVE A MANDATE AND NEVER HAD A MANDATE. WE'RE CREATING A LAW THAT SAYS THAT WE'RE NOT GOING TO DO A MANDATE. MY ONLY CONCERN WITH THAT, OR MY CONCERN WITH THAT, NOT THE ONLY CONCERN, IS THAT I AGREE THAT EVERYBODY SHOULD BE VACCINATED. I BELIEVE THAT IF PEOPLE, I I KNOW LOTS OF PEOPLE THAT CHOSE NOT TO. SOME RECOVERED AND SOME DIDN'T. WE STILL HAVE VARIANTS OUT THERE AND THINGS HAPPENING. THIS WOULD TAKE AWAY OUR ABILITY IF SOMETHING REALLY TRAGIC HAPPENED IN THE WORLD, IN TERMS OF REALLY NEEDING VACCINES IN ORDER TO SURVIVE WE TAKE THAT ABILITY AWAY. >> COUNCILOR BENTON, COUNCILOR PEÑA, KERBT CORRECT. WE NEVER HAVE A VACCINE MANDATE. THE ONLY ONE PROPOSED WAS TEST OR VAX MANDATE. BECAUSE IT WAS FEDERALROTOMY REQUIREMENT. IF THERE WERE FEDERAL MANDATE THERE WOULD BE AN OPEN QUESTION OF WHETHER THIS NEEDS TO BE REPEALED. >>COUN. PEÑA: THANK YOU, MR. PRESIDENT. THAT ANSWERED MY QUESTION. I AGREE THAT PEOPLE SHOULD HAVE THE RIGHT TO DECIDE WHETHER THEY WANT TO BE VACCINATED OR NOT. BUT WHEN WE TAKE AWAY THAT FLEXIBILITY INTO THE FUTURE NOT KNOWING WHAT THE FUTURE HOLDS. I THINK THAT'S CONCERNING. AS THE GOVERNMENT WE DON'T MOVE FAST ENOUGH. THANK YOU. >>COUN. BASSAN: MR. PRESIDENT. COUNCILOR PEÑA, THIS RESOLUTION AS SUBSTITUTED IS EXPRESSLY SAYING FOR THE COVID-19 VACCINATION. IT WOULD BE SAYING THAT WE WOULD BE PROHIBITING ANY MANDATE FOR COVID-19 VACCINATION STATUS AND EVEN THOUGH THERE'S OTHER VARIANTS IT'S ALSO BEENPRIEVEN THESE VARIANTS ARE MILD EVEN THOUGH THEY MIGHT BE TRANSFERRING RAPIDLY. THEY'RE NOT SO LIFE-THREATENING WE SAW WITH THE ORIGINAL PAN. I JUST HOPE YOU WOULD KEEP THAT IN MIND. IT'S NOT NECESSARILY SAYING WE'RE PROHIBITING EVERY SINGLE MANDATE FOR EVERY VACCINATION IN THE FUTURE. AT LEAST THAT'S MY UNDERSTANDING. COUNCILOR LEWIS, IF I'M WRONG, PLEASE DO. >>COUN. BENTON: I'LL SPEAK TO THE OTHER BILL REFERENCE. I SPONSOR THE BILL THAT REQUIRED CERTAIN PUBLIC SAFETY EMPLOYEES TO BE VACCINATED. I DID WITHDRAW THAT, BECAUSE I SAW IT DID NOT HAVE SUPPORT. IT WOULD BE SOMETHING TO BE DISCUSSED. I HAVE A QUESTION FOR STAFF. WOULD THIS BILL, AND MAYBE THE SPONSORS WILL, WOULD THIS BILL PREVENT THE CITY FROM REQUIRING TESTING OF ITS EMPLOYEES? >> MR. PRESIDENT, I'LL HAVE THE PERSON THAT WORKED ON THIS ADDRESS THAT QUESTION. >> THANK YOU, MR. PRESIDENT. IN ITS CURRENT FORM THE BILL WOULD FOCUS ONLY ON REQUIRING VACCINATION OF CITY EMPLOYEES. >>COUN. BENTON: THANK YOU. ANY OTHER QUESTIONS WHILE SHE'S UP THERE? ALL RIGHT. THANK YOU. WE'RE ON THE BILL AS SUBSTITUTED. IF ALL ARE NO OTHER COMMENTS, I'LL CALL ON COUNCILOR LEWIS TO CLOSE. >>COUN. LEWIS: MR. PRESIDENT. WE'RE GOING TO GIVE CITY EMPLOYEES SOME PEACE OF MIND AND ESPECIALLY FIRE FIGHTERS AND POLICE OFFICERS THAT ARE WORKING HARD. ON THE FRONT LINES HELPING PEOPLE THESE LAST TO YEARS. I THINK THIS IS A GOOD GIFT FOR THEM. I URGE YOUR SUPPORT. >>COUN. BENTON: ALL THOSE IN FAVOR SAY YES AND RAISE YOUR HAND. OPPOSED? THAT PASSES 5-4 VOTE. THAT TAKES US TO OTHER BUSINESS. FIRST IS REVISED COMMITTEE APPOINTMENTS. I MUB APPROVAL OF THE ADVISED COMMITTEE APPOINTMENTS. COUNCILOR BASSAN, THANK YOU. ANY DISCUSSION? SEEING NONE. ALL THOSE IN FAVOR SAY YES. OPPOSED? THAT PASSES UNANIMOUSLY. WE'LL MOVE TO EC50. THE MAYOR'S VETO OF O-22-2. UPDATING THE CIVIL EMERGENCY HOURS RELATED TO PUBLIC HEALTH ORDERS. THE COUNCIL WISHES TO [ INAUDIBLE BROADCAST. [ INAUDIBLE ]. >>COUN. BENTON: MOTION FROM COUNCILOR LEWIS. IS THERE A SECOND? COUNCILOR BASSAN IS THE FIRST PERSON. THERE'S A MOTION AND A SECOND TO MOVE TO OVERRIDE. I WILL -- IF THE ADMINISTRATION WISHES, I'LL GIVE THEM A CHANCE TO SPEAK. >> COUNCIL PRESIDENT, MEMBERS OF THE COUNCIL. THE MAYOR'S MESSAGE DID LAY OUT THE REASONS WHY THE ADMINISTRATION BELIEVES THIS ABILITY TO HAVE EMERGENCY ORDERS IS IMPORTANT. NOTABLY IT WAS THIS COUNCIL THAT REACTED QUICKLY IN LIGHT OF THE PANDEMIC TO MAKE CLEAR THESE POWERS WOULD BE AVAILABLE IN THE CASE OF A PUBLIC HEALTH EMERGENCY. JUST TO RUN THROUGH SOME OF THE BASIC CONCEPTS HERE. IT WAS THE EMERGENCY ORDERS DID GIVE US THE ABILITY TO EXPEDITE PROCRURMENT WHICH GAVE THINGS LIKE THE ABILITY TO DELIVER MEALS TO SENIORS. THEY ALSO MADE VIRTUAL PROGRAMMING AND VIRTUAL MEETINGS POSSIBLE. SO, IT ALSO MADE THE CONTINUED FUNKING OF FUNCTIONS OF THIS BOARDS AND COMMISSIONS WERE AVAILABLE THROUGH EMERGENCY DECLARATIONS. WE WERE ABLE EXPEDITE $2 MILLIONS. AND WE HELPED SMALL BUSINESSES TO DO EMERGENCY AMENDMENTS. AND HELPING RESTAURANTS OPERATE OUTDOORS BY WAIVING REQUIREMENTS AND FEES WHEN INDOOR DINING CEASED TO BE AN OPTION. THE ADMINISTRATION CONTINUES TO BELIEVE THAT IT'S IMPORTANT TO HAVE THESE TOOL KITS IN AN EMERGENCY. IN GENERAL, THESE EVENTS ARE QUITE RARE. AND THESE POWERS ARE EXTRAORDINARY WHAT NECESSARY IN THOSE INSTANCES. THANK YOU. >>COUN. BENTON: THANK YOU. >>COUN. LEWIS: MS. NAIR. YOU RECOGNIZE THAT THE COUNCIL GAVE THOSE POWERS TO THE MAYOR SEVERAL YEARS AGO. IT WAS THE COUNCIL'S IDEA AND UNDERSTANDING THAT THE ADMINISTRATION WASN'T TOO THRILLED ABOUT IT BECAUSE THE ADMINISTRATIVE THINGS AND HOOPS YOU HAD TO GO THROUGH BECAUSE OF IT. YOU RECOGNIZE THE COUNCIL GAVE THOSE TO THE MAYOR? >> THE ADMINISTRATION HAS ALWAYS SUPPORTED THIS. INCLUDING THE COUNCIL'S EXPANSION OF THE POWERS. >>COUN. LEWIS: YOU MADE A POINT THAT IT WAS THE COUNCIL THAT DID THIS AND IT WASN'T REALLY YOUR IDEA. IT WASN'T SOMETHING YOU REQUESTED AND ASKED FOR. YOU ALSO RECOGNIZE THAT THIS COUNCIL, MAJORITY OF THIS COUNCIL, SEVERAL WEEKS AGO MADE THE STATEMENT, CLEAR STATEMENT, BY A VOTE TO REVERSE THAT. >> COUNCIL PRESIDENT, COUNCILOR LEWIS, YES THAT WAS THE VOTE. >>COUN. LEWIS: IS THERE ANYTHING THAT SPECIFICALLY YOU CAN THINK OF RIGHT NOW SAYING YOU NEED THIS. YOU NEED THIS NOW BECAUSE OF SOMETHING YOU CAN THINK OF RIGHT NOW THAT YOU NEED THIS ORDINANCE TO BE ABLE TO DO WHAT YOU NEED TO DO? >> COUNCIL PRESIDENT, COUNCILOR LEWIS, I CAN THINK OF TWO OFF THE TOP OF MY HEAD. ONE IS THE EMERGENCY PROCUREMENT RELATED TO THE MOBILE SPEED ENFORCEMENT HAS BEEN REALLY IMPORTANT TO GETTING THAT ISSUE WHICH BECAME ITS OWN PANDEMIC DURING THE PANDEMIC ACROSS THE FINISH LINE. IN ADDITION THE EMERGENCY DECLARATION GIVES US THE ABILITY TO MOVE ALONG ENCAMPMENTS THAT HAVE CREATED A PUBLIC HEALTH RISK DUE TO OVERCROWDING OR POTENTIAL OF INCREASED DISEASE RISKS. IN ALL NINE DISTRICTS THOSE CONTINUE TO BE ENABLED BY THE EMERGENCY DECLARATION. >>COUN. LEWIS: AND MR. MELENDREZ, WOULD THE TWO SPECIFIC THINGS THAT MS. NAIR MENTIONED, DO THEY NOT HAVE THE ABILITY TO DO WHAT SHE SAID WITHOUT THESE POWERS GIVEN TO THEM? ARE THERE OTHER AVENUES UTILIZED TO BE ABLE TO ACT ON THOSE PROGRAMS? >> MR. PRESIDENT, COUNCILOR LEWIS, I'M NOT AWARE OF THAT AUTHORITY THE WAY THAT MS. NAIR REFERENCED IT WAS IN RELATION TO PUBLIC HEALTH ISSUES THAT ARISE FROM THE CIRCUMSTANCES SHE DESCRIBED. WITH THAT ISSUE, I THINK THIS WOULD BE THE AUTHORITY FOR THEM TO DO THAT. THERE ARE OTHER LAWS ON THE BOOKS WITH RESPECT TO BLOCKING PUBLIC SIDEWALKS OR THAT TYPE OF THING IN THE EVENT THAT IT INTERFERES WITH PEDESTRIANS OR TRAFFIC, IF IT'S NOT THAT LOCATION OR TRESPASS, I'M NOT AWARE OF ANOTHER CITY ORDINANCE. THERE'S ARE OTHER AVENUES OTHER THAN THESE POWERS . >>COUN. LEWIS: INCLUDING, THE APPROVAL OF THE COUNCIL AND INCLUDING THE ADMINISTRATIVE ABILITIES THEY HAVE TO BE ABLE TO ACCOMPLISH THOSE TWO OBJECTIVES? >> MR. PRESIDENT, COUNCILOR LEWIS, IF I WASN'T CLEAR, THE AUTHORITY DOES EXIST WITH RESPECT TO PUBLIC WAYS AND SIDEWALKS AND THE ABILITY TO ENFORCE TRESPASS ISSUES ON PRIVATE PROPERTY TO THE EXTENT THAT THERE'S GAPS THAT NEED TO BE FILLED IT WOULD BE THE PREROGATIVE OF THE COUNCIL TO DEAL WITH THAT DIFFERENTLY. >>COUN. BENTON: COUNCILOR DAVIS. >>COUN. DAVIS: THANK YOU, MR. PRESIDENT. WE REHASHED THIS A LITTLE BIT AT OUR INITIAL VOTE ON THIS. I WON'T BELABOR THE POINT. I THINK IT'S, AND THANK YOU, MS. NAIR, WE WORKED HARD TO COME UP WITH THIS IN THE EARLY DAYS OF THE PANDEMIC. ALTHOUGH THERE ARE NOW COUNCILORS THAT WEREN'T PART OF THAT CONVERSATION. WE MADE A DELIBERATE POINT, AND I APPRECIATE COUNCILOR LEWIS BROUGHT THIS UP. AND I HEARD HIM SPEAK ABOUT IT IN PUBLIC. THIS IS BALANCED THE POWER SO THE MAYOR CAN ISSUE THE ORDER. IF THE CITY COUNCIL FEELS WE DON'T AGREE WE CAN CHNL THAT ODER OR ELIMINATED IT. WITH THIS COUNCIL, WE HAVE FOUGHT FOUND IT IMPORTANT ENOUGH TO TELL THE MAYOR HE WENT TOO FAR. I THINK THAT SAYS A LOT. I THINK IT ALSO SAYS A LOT THAT THIS IS MORE THAN JUST ONE OF THOSE, ALTHOUGH I STILL HAVE MY MASK, AND COUNCILOR FIEBELKORN HAS SEEN IT APPROPRIATE TO WEAR HERS, IT'S NOT A MASK MANDATE. THIS WAS HOW TO RUN THE CITY. IT ALLOWED US TO MOVE STAFF BETWEEN DEPARTMENTS TO DO WHAT WE TALKED ABOUT WHERE WE NEEDED TO DELIVER SEEN CONSIDER MEALS. IT GAVE THE MAYOR THE ABILITY TO GET THOSE PEOPLE OVER THERE WITHOUT HAVING TO HAVE A CITY COUNCIL MEETING. RUNNING THE BUSINESS OF THE CITY IS A BIG DEAL. IN AN EMERGENCY WE NEED OUR LEADERS TO HAVE THE ABILITY TO DO WHAT THEY THINK IS BEST THIS IS BUILT IN A WAY TO GIVE THIS BODY THE ABILITY TO COME TOGETHER AT ANY WHIM. I THINK IT SAYS A LOT THAT WE HAVEN'T USED IT. I THINK IT'S IMPORTANT IN ITS DIFFERENCES WITH THE STATE LAW. I THINK IT'S IMPORTANT WE KEEP IT. LOTS OF THINGS IN THE CITY ARE OPERATING UNDER THIS. AND ENSURE WE'RE PULLING FEDERAL DOLLARS AND LOCAL DOLLARS INTO THE LOCAL HEALTH ISSUES THAT ARE NOT RESOLVED. MR. PRESIDENT, I CAN'T SUPPORT -- I COULDN'T SUPPORT ANY ATTEMPTS TO REPEAL IT THE FIRST TIME AND I'LL WORK TO PRESERVE THE MAYOR'S VETO OF THIS. >>COUN. BENTON: ANY OTHER COMMENT? COUNCILOR BASSAN. >>COUN. BASSAN: MR. PRESIDENT, I LOOK FORWARD TO GETTING MOBILE SPEED ENFORCEMENT GOING. WELL-PLAYED. I LOOK FORWARD TO GETTING MOBILE SPEED ENFORCEMENT. BUT WE HAVE TO DO THINGS THE RIGHT WAY. I LOOK FORWARD TO CLEANING UP SOME OF THE HOMELESS ENCAMPMENTS. I HAVE IDEAS TO WORK WITH EVERYBODY ON IT. I HOPE WE CAN IMPLEMENT ON SOMETHING VERY SOON. I STRUGGLE BECAUSE I DON'T THINK THAT EXISTS ONLY IN AN EMERGENCY SITUATION. THIS IS EXISTING IN A PREVALENT EVERYDAY SITUATION WHICH IS UNFORTUNATE FOR US IN ALBUQUERQUE. THIS IS WHERE WE'RE AT. I WORRY IF WE CONTINUE TO LEAN ON THE EMERGENCY POWERS THAT WON'T BE WHAT GES OUR DAY TO DAY STUFF DONE. WE NEED TO FOCUS ON WAYS TO GET THAT TO HAPPEN. >>COUN. BENTON: COUNCILOR LEWIS. >>COUN. LEWIS: MR. PRESIDENT, I DO RESPECT THE FACT THAT SEVERAL YEARS AGO THE COUNCIL CONTEMPLATED EMERGENCIES RELATED TO COVID AND PUT THIS IN PLACE. IT'S PRETTY SWEEPING. VERY BROAD, VERY SWEEPING. THIS A STRONG MAYORED GOVERNMENT. IN THIS GOVERNMENT THE MAYOR HAS A LOT OF ABILITY TO ACT ON HIS OWN. THE COUNCIL HAS CERTAIN AUTHORITY. I THINK IN THIS INSTANCE AND DUE IT TO THE FACT THAT COUNCILOR DAVIS MENTIONED WE HAVEN'T USED THIS, THIS IS ABOUT GOOD GOVERNMENT. IT'S ABOUT GOOD CHECKS AND BALANCES AND GOOD GOVERNMENT. I'LL REITERATE BY ADVICE AND ADVISORIES AND RECOMMENDATIONS, EVERYTHING THAT'S IN THIS BILL CAN BE DONE. I THINK IT'S THE APPROPRIATE -- AGAIN THIS COUNCIL SAID THIS IS THE RIGHT THING TO DO. >>COUN. BENTON: ALL RIGHT. THANK YOU. THERE IS A MOVE TO OVERRIDE. WE'LL GO TO A VOTE. ALL THOSE IN FAVOR OF THE OVERRIDE SAY YES AND RAISE YOUR HAND. OPPOSED? >> MR. PRESIDENT -- >>COUN. BENTON: THAT FAILS ON A 5-4 VOTE. >>COUN. BENTON: THERE BEING NO FURTHER BUSINESS. THE CITY COUNCIL MEETING IS ADJOURNED.