>>coun. Pe}a: welcome, everyone.
Today is AUGUST 3rd, 2026.
The 15th meeting of the 27th
council will come to order.
All councilors are present this
evening with councilor lewis
joining via zoom.
Next we're on a moment of
silence followed by the pledge
followed -- moment of silence
followed by the pledge.
I'm sorry.
>> I pledge allegiance to the
flag of the united states of
america, and to the republic for
which it stands, one nation
under GOD, indivisible, with
liberty and justice for all.
>>coun. Pe}a: welcome back,
everyone.
Vice PRESIDENT.
>>coun. Champine: thank you,
MADAM PRESIDENT.
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Tonight, council staff received
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Pursuant to the rule of
procedure, public comment will
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time to speak.
Please begin editing your
comments to fit within this time
frame now.
Councilors, any questions for
the admin?
Councilor grout.
>>coun. Grout: thank you, MR.
Vice PRESIDENT Champine.
My questions are for our
legal -- city attorney.
ms. Keefe, in the past several
months the council, through our
counsel, have reached out to the
city attorney's office for
updates in different matters
which this council has been
involved.
Answers to these questions were
delayed for months, and when our
counsel reached out again you
responded if questions they
should reach out to me directly.
This isn't really how we've done
things.
Council has staff that is used
to act on our behalf and help us
to do our job.
When our staff or our council
reaches out we expect the city
attorney understands this
request is coming from us and
respond appropriately,
professionally and in a timely
manner.
Based on this, I have several
questions.
Why is there pushback to
councillor questions about
pending litigation?
If your decisions give rise to
litigation, we deserve to know
how the cases are proceeding.
>> council PRESIDENT, councilor
grout, in the past up until this
year, when councilors had
questions they have approached
me directly.
This isn't new.
I have concerns about this
procedure.
I do think it is better if I am
able to engage with councilors
directly.
In order to facilitate
communications between council
and legal I asked to set up
for -- sometime ago, I don't
remember exactly how long, those
were no longer scheduled.
That was not at my request.
i think there's a perception,
that's not at my request.
My perception is they're
cancelled.
I would be happy to continue
communication with council.
I would very much want to
continue communications with
council and provide updates.
I was hoping to provide more of
a written update during the
break.
I do apologize for the delay.
It is my intent to continue
communications with council.
I think as has happened in the
first four years I've been here,
I think communication should be
between my department and
councilors.
>>coun. Grout: okay.
How do you process requests for
information from the council or
council staff?
>> so, again, in the four and a
half years I've been here, we
get calls for councilors to work
on ordinances.
We get call for updates.
And those are -- if they come
directly to me, I determine
whether I'm going to respond or
whether I'm going to have
someone on my staff respond and
I try to get back to them.
>>coun. Grout: do you have -- I
think we need a real clear path
forward and we need to be very
timely.
Can we set up a process so that
does happen?
>> council PRESIDENT, councilor
grout, that's exactly what I'd
like.
That's what I tried to do
previously.
I think there needs to be a
clear process.
Including communications in both
directions.
>>coun. Grout: okay.
Thank you.
>>coun. Champine: councilor
baca.
>>coun. Baca: thank you, MADAM
PRESIDENT.
This is for director sanchez.
Thank you, director.
We had a lot of folks calling
and emailing about food prices
going up at the senior have.
I know during the budget we
talked about the a la cart items
were going to be taken off.
Which we understand.
I thought we covered no more
prices were going to be
increased.
Can you cover this?
I know it's not just district
two hearing this.
>> MADAM PRESIDENT, councilor
baca thank you for the
opportunity.
I want to give you a little
perspective on our breakfast
program in general.
Our pricing on our breakfast
program has not been adjusted in
more than 20 years.
That's a significant amount of
time.
When we dpan
began we did a fiscal
analysis.
Always keeping affordability at
the forefront for the seniors.
We did deep dive this program
how it operated and functioned
with a la carte items that we
offered.
The new menu prices are now as
low as a dollar to our most
costly specialty meals of huevo
rancheros of $5 twice a week.
Even with adjustments the
department is subsidizing a
third of the cost for every meal
prepared.
No one can dede
ny our meals are
most affordable anywhere.
Additionally, we are -- just to
give you an update working on a
qualifying program for the
seniors that MAY truly be in
need and have financial
hardship.
That way we can also fully
subsidize that meal for them.
That's just the overall update
on the program and most recently
on friday from the feedback we
learned over the last three
weeks, we did send out a revised
menu that received very positive
feedback.
>>coun. Baca: anybody else?
I'm good.
Thank you.
>>coun. Champine: councilor
rogers.
>>coun. Rogers: thank you, MR.
Vice PRESIDENT.
My questions are for several
directors.
I would love for all of you to
come up at the same time.
Director of solid waste, MR.
Gallegos.
Transit, keener.
Code enforcement, either alan
varela or kiezner.
Gsb, MR. Duran.
Parks and rec, MR. Simon.
Thank you.
I have several questions.
I want to do an exploration of
who is responsible for what in
our community when it comes to
cleanliness and litter.
So, I will ask MR. Cornelius to
put up some pictures for me.
This is because I've been
studying our litter ordinance.
And I often reach out to
different departments based on
things that need to be cleaned
in my district.
I just want to run through some
picture and see who is
responsible for this in our
neighborhood.
Who would be responsible for --
what would we do about that?
>> actually, solid waste would
pick that up.
If it was a large item pick up.
>>coun. Rogers: thank you,
community members call 311 if
they see that and you go and
pick up that mattress?
>> correct.
>>coun. Rogers: is there a
process for community members to
do that ahead of time before
they -- this is also education
for the community, not just us
to learn about how we do this.
Bear with me, folks, while we go
through the fun exercise today.
>> MADAM PRESIDENT, councilor
rogers, they call 311 the night
before the pickup to let us know
they have a large item pickup.
>>coun. Rogers: thank you, MR.
Gallegos.
This is louisiana going towards
gibson.
We have installed barricades for
bike lanes, but they're trashed,
as you can see.
Who would pick that trash up and
fix that?
Transit.
>> MADAM Chair, councilor
rogers, that's going to be
dmd.
>>coun. Rogers: this is exactly
what I was hoping for.
>> MADAM PRESIDENT, councilor
rogers, yes.
That would be -- if any
constituent has a concern about
things that are improperly
barricaded, I recommend 311 and
we'll send someone out
immediately.
As far as the repairs that are
needed to the bicycle
infrastructure, that would also
be my department.
That's my traffic engineering
division.
Again, 311 is the fastest way to
get to it.
Unfortunately, as councilor
fiebelkorn knows, the faster we
put up bike infrastructure the
faster drivers hit it.
You have to bear with us.
We're actually looking right now
at some more albuquerque driver
safe bicycle infrastructure to
find out what works here.
Because sometimes things that
work in other cities don't work
here.
We're working on standard
specifications.
Yes, tell us at 311 and we'll
send folks out.
Again, the barricading in
particular we try to get folk
outz same day.
>>coun. Rogers: thank you.
This requires someone to let us
know it's in this condition.
I would say from looking at this
condition it hopefully saved a
biker.
To your point, look for
something that's a little more
durable so your department isn't
working
ing
ing running around fixing
this.
For my district, this adds to
the disrepair that quite frankly
I am sick of living in.
Straight up.
That's why we're going through
this exercise today.
Next picture, MR. Cornelius.
How about this?
Trash day, who is in charge of
this after tracks -- trash
pickup?
>> MADAM PRESIDENT, councilor
rogers, this came from an
individual's trash can?
>>coun. Rogers: yes.
After trash day.
I watched -- I was out in my
hood just seeing how it goes.
I'm always out in my hood.
And saw them dump it, but there
was some stuff left over that
accidently fell out.
In this case, who fixes that?
>> actually, we rely on the
residents to pick up some of the
trash that's blown out of the
trash can.
>>coun. Rogers: oh, got it.
Public, if it happens that your
trash bin, it's your
responsibility.
>> our drivers are only allowed
to pick up the trash cans from
the truck.
>>coun. Rogers: they're not
getting out of the car and
sweeping this up.
Okay.
That helps a lot.
Next picture, MR. Cornelius.
What about this one?
This is between a parking lot
and pizza hut on central and
wyoming that is now closed.
Who is responsible for that?
>> MADAM PRESIDENT, councilor
rogers, that is code
enforcement's response.
For those ones dealing with --
we'd have to annotate that.
That would fall under pizza
hut's responsibility.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
People have gone because it's
closed.
In that case, you tell them and
leave it like that until they
come and do it?
>> councilor rogers, there's a
process that we hold the
property owners accountable.
we follow due process in order
to do it.
If the property owner is
unwilling or unenable to do it,
there's other measures we employ
to get the items cleaned up.
>>coun. Rogers: thank you, MADAM
PRESIDENT we would leave it like
this while you go through your
six to year process?
Who cleans it in the meantime?
>> MADAM PRESIDENT, councilor
rogers, for that one?
>>coun. Rogers: yeah.
>> the due process entails, it's
a two-week notification.
We allow the property owner time
to make corrections before we go
in and institute anything toward
a lien on the property for
services rendered.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
You would hire someone to clean
it up or would you call solid
waste and we charge them?
How does that work?
>> councilor rogers, for that
for the cleaning, we initiate
procedures through solid waste
through the clean.
The solid waste will initiate
the clean and get it scheduled
for the cleanup.
And we'll bill the property
owners for the services
rendered.
>>coun. Rogers: how long does
that take, you think?
>> that one --
>> MADAM PRESIDENT, councilor
rogers, we don't have a backlog
on the cleaning.
We try to get to them within
that week if we can.
Most of the time, it might take
another week.
Because we have some scheduled
out.
>>coun. Rogers: okay.
this is on the list, I hope.
I have been calling about this
one for quite sometime.
>> I have to look at the
records.
I really couldn't tell you.
>>coun. Rogers: thank you.
Next picture, MR. Cornelius.
I'm sorry, there's so many.
I'm trying to stay under the ten
minutes.
But there's so much in my
district that's in disrepair.
I have so many questions.
Next one, MR. Cornelius.
Okay.
Yes.
This one.
This is good.
This one says, a litter crew is
at work.
I only see these trucks on the
highway.
Can you tell me if we have any
trucks like this for the
neighborhoods?
>> MADAM PRESIDENT, councilor
rogers, yes.
That is a highway truck.
We do have crews that go through
the major thoroughfares of the
city only.
Unless there's a community
that's been employed by the
planning department.
>>coun. Rogers: thank you.
How often do those general
neighborhood litter crews --
I've never seen one in district
six in that truck.
I put it out trash on monday and
you get it.
Is there a predictable schedule
for that?
>> MADAM PRESIDENT, councilor
rogers, it takes four to five
weeks to cycle in their
districts.
We have districts through the
medians to come back and touch
another medians.
>>coun. Rogers: that's just
medians so not other parts of
the neighborhood?
>> correct.
>>coun. Rogers: medians and
street scapes.
I'm working on litter ordinance.
This is research.
Your department is only median
and street scapes.
Thank you.
MR. Whelan.
>> MADAM PRESIDENT, councilor
rogers, that's part of our clean
city's crew.
But we also deploy up to eight
trucks throughout districts,
your district is almost every
day, where they do go through
the streets and pickup litter,
remove feces.
And if there's what we consider
illegal dumping, where somebody
had an encampment and left and
leave all the trash behind --
>>coun. Rogers: I see
inencampment cleanup people,
trust me.
Sgli.
>> they do cleanup of things
left behind.
I was in your district today,
and I saw tennessee where people
left.
One of the trucks that usually
does the cleanup was there and
they stopped and picked it up.
It was clean within that moment.
Within an hour there could be
more.
>>coun. Rogers: thank you.
There's one more video I want to
show.
This one is a doozy.
I think it's the video of the
shoes.
My pet peeve is shoes on the
power lines.
I think I've interacted with
every department except maybe
transit.
This one is more towards transit
and our construction site at the
international district library.
I think that's a mix between
transit and parks, if I'm not
mistaken.
That one is -- that bus stop is
always in disrepair.
I think I know who is
responsible for the transit
ones.
When it comes to our
construction site and the litter
that's around that gate, who
does that?
General contractors?
>> MADAM PRESIDENT, councilor
rogers, are you referring to a
city project?
>>coun. Rogers: that is a city
project.
The id library park.
Next to the id library.
It's the fencing encompassing --
sometimes inside the fencing and
outside the fencing.
>> I think it's going to be the
contractor that has the permit
for that facility.
>>coun. Rogers: if it's inside
the gates?
If it's outside had
gates, who does that?
>> I guess we need more
specifics on the locations.
If it's out on the sidewalk into
the street, we're reliable.
At the same time, it's the
contractor to address their
location.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
For the last video, to drive
home we need to work on litter
ordinance.
I am sick of living in filth in
my neighborhood.
I am done.
i have to use my council set
aside to pay a contractor, red
shovel, to clean the safe route
to school for wilson and woodier
schools because we as a team
haven't been able to get this
together.
I'll reach out to you with a
draft of the ordinance with how
to make this better.
I am done living in filth in my
district.
It's not just unsheltered
people.
I watched people in benzs
throwing out stuff from the car,
I watched grandmas doing it, and
kids doing it.
I watched unsheltered do it.
We don't have enough officers
for 911 calls in my district.
I know we're not proactively
policing littering.
I am over it.
Roll that beautiful shoot
footage, garret, for me.
I'll send it to you.
It's beautiful.
There's about 50 shoes on the
power lines.
I reached out to code
enforcement, pnm, and reached
out to everybody.
This is an indicator.
It's not a joke.
These are indicators of people
being able to get drugs.
I want them down.
Everywhere in my district.
I don't want to see them.
I want us to have a proactive
way to get them down whether we
have to partner with whoever
line they belong to.
We should figure this out as a
city.
I invite you to a meeting to
discuss changes to the litter
ordinance before I drop it so I
we can work as a team to fix
this once and for all.
I'm done living in filth.
Thank you, MADAM PRESIDENT.
>>coun. Champine: councilor
telles.
>>coun. Telles: thank you, MR.
Vice PRESIDENT.
I have a few questions for the
admin for director sandoval and
I don't know if director mar
teen
teens is here
director martinez is to here or
not.
>> MADAM PRESIDENT, councilor
telles, I didn't hear you.
>>coun. Telles: are you filling
in for director martinez?
Cfo?
I'm sorry.
Man, I need to clean my glasses.
I'm sorry.
6-year-old fingerprints all
over.
Good evening.
I have a couple questions for
you.
Thank you so much.
I wanted to talk to you a little
bit about the omb proposed rule
overhaul of the uniform guidance
at the federal level.
For those individuals who might
not know what's going on, the
federal omb has proposed some
rule changes to the uniform of
guidance for federal award
recipients.
And in short, essentially, we're
waiting for what the omb is
going to do with regards to our
uniform guidance and federal
grants.
The guidance that's being
proposed is -- would make the
guidance finding.
It would add political
pre-issuance review of grants.
Expand agencies ability to
terminate awards at any time.
this is at a very compressed
time period.
I think we were scrambling when
this came out.
It was basically -- it was
published the end of MAY and
gave us a 45-day window to
provide our comments.
I know we provided -- council
comments on our end.
Thank you for sharing your
comments as well.
My concern is, given the rule,
we expected it to be finalized
by OCTOBER 1st, and we have
quite a few
discretionary federal grants
that could be affected if this
rule goes into effect either in
whole or in part.
I am especially concerned about
the potential discretionary
termination without appeal.
That puts about -- from what I
was able to identify, about
$26.7 million in federal grants
at risk of disappearing mid-year
with zero notice requirement or
no appeal.
I'm curious what you're doing at
the moment -- does the city have
a stabilization plan or model
scenario where if an active
federal grant is terminated or
delayed, and what reserve or
contingency funding would cover
that gap for these fy27
programs?
>> council PRESIDENT, councilor
telles, like you said, we had a
very short window to respond.
I'm also a member of one of the
committee for gfoa.
They received -- omb received
over 500,000 comments.
The response we gave and had a
separate one with gfoa is extend
the period for implementation to
change policy and procedures and
get us prepared.
just saying it's OCTOBER 1st,
2026 is not enough time.
That would be the best thing.
Not just for us, for any other
affected branch.
>>coun. Telles: thank you, MS.
Sandoval.
I understand that would be the
best thing.
I don't anticipate that it's
actually going to happen, given
the direction of the federal
government right now.
And what this omb director has
done when it comes down to cfcb
rules and regulations they have
cut.
Again, this kit was pretty much
caught me off-guard because they
just updated rules to uniform
guidance.
They generally don't do that
unless it's every five years.
For them to do it a year later,
you know, it's surprising.
I have been in contact with
dfa's local government division.
To ask if they're providing any
guidance to local governments
before OCTOBER 1st.
I anticipate that some type of
final rule will likely be
published on OCTOBER 1st.
My question here is do we have
any sort of plans for
stabilizing the federal awards
that we get here?
These are going to be block
grants.
These are going to be
discretionary grants.
These are formula grants.
The majority of these grants are
going to hit hhh pretty hard.
That just means we're going to
lose services if these
discretionary grants are pulled.
And again, these can be pulled
for any reason based on the
rules.
my question, again, is are you
developing or have a plan to
develop any sort of
stabilization -- federal funding
stabilization plan for these
grants that MAY be affected?
>> MADAM Chair, councilor
telles, I think there have been
ongoing conversations, frankly,
since this administration has
been in office because there
have been concerns over time
related to different grants.
So, there have been questions
posed to all the departments
about their funding and what
would be their contingency
plans.
I think this is just another
part of those ongoing
conversations that we've been
having.
>>coun. Telles: thank you, cfo.
Does that mean you are putting
together a stabilization plan?
>> MADAM Chair, councilor
telles, I guess without knowing
what you mean by stabilization
plan -- I think what I'm saying
is we had ongoing conversations
with the departments about if
they lost federal funding what
would be their plan to ensure
they would be able to continue
services.
>>coun. Telles: thank you, MADAM
Cfo.
Are you leaving it up to the
department to come up with a
contingency plan for their
federal awards?
Are you providing guidance as
the tone at the top for the
directors and their fiscal
officers in each department?
I'm trying to understand if the
city can provide department by
department inventory of what
federal discretionary awards
that the city administers, what
that total amount might be, what
the funding agency is, what the
award period is, if we're up for
renewal or continuation, what
these awards are, how many are
discretion.
I think we need to have an idea
of what it looks like -- what
our picture looks like for the
awards that we get that fund our
work.
I know we have several programs
in hhh in particular that are
100% funded by federal awards.
So, if that award gets --
disappears mid.
-year with zero
notice and no appeal, what are
we going to do about that?
I personally identified, with
the help of our awesome team,
26.7 million at risk right now.
You know, what's the plan?
Are we doing anything to say,
okay, if this happens, let's say
worst case scenario, OCTOBER
1st, these proposed rules by omb
go into effect on OCTOBER 1st,
and now these federal agencies
that provide us these awards,
whether they're direct awards,
whether they're pass through
grants or federal awards,
whether we have subrecipient
monitoring we have to deal with.
What happens if they get pulled?
What is our continuity plan?
What are we going to do if we
lose, at minimum, 27
$27 million?
>> MADAM Chair, councilor
telles, as I said, when this
administration came into office
we did an inventory of all of
our federal grants in
collaboration with the
departments.
We're not leaving it up to the
departments, but they them are
the experts as to what funding
they're receiving and what that
funding is being used for.
We're happy to go back and
pinpoint these ones as it
relates to this much
transaction.
But this is something we've been
looking at and talking about for
quite sometime.
Even before I was cfo.
These conversations were
happening.
>>coun. Telles: that's great to
hear.
Thank you so much.
I would respectfully request,
MADAM PRESIDENT, if possible, I
would like to -- I have some
more questions I can send over
to you offline that you can
review so we know what reserve
funds we have.
I'm wondering what reserve funds
we have.
Any bridge financing.
What type of reolication
authority we might have to
sustain these services if a
major grant is suspended or
pulled without notice.
MADAM PRESIDENT, respectfully, I
would love to add -- request
that we include a presentation
from your office -- from you --
about what type of
stabilizations we have so we can
know, you know, what is going to
happen if there's a sudden loss
of this federal discretionary
funding.
Because potentially this has
impact on transit, vouchers,
behavioral health contracts,
aviation grants.
I think we need to be prepared
to backfill these if, again,
worst case scenario, that
happens on OCTOBER 1st.
We don't know.
We don't know what the omb is
going to do.
We don't know what the federal
government is going to do.
But because we don't know what
they're going to do it's even
more imperative that we have a
stabilization continuity plan.
I'm happy to send that
information and questions to
you.
I would love to have a
presentation from you all.
>> council PRESIDENT, we submit
a grant report to council.
We also prepared it for the
audit every year.
That's audited.
We'd be happy to do it.
>>coun. Telles: thank you.
I appreciate it.
>>coun. Champine: hold on for
one second, lady.
Councilor rogers.
>>coun. Rogers: thank you.
I have a follow up.
I also wanted to see if we could
collaborate as a team, as the
city of albuquerque, because I
think the administration is
setting one set of comments,
we're sending another set of
comments.
So far that I've seen, they
haven't been differing but
there's different points and
pages we want to highlight based
on expertise from our
colleagues.
I think it would be good if we
can all get on the same page and
we're saying the same thing to
our congressional delegation.
I'm sending them information.
I know councilor telles and
councilor fiebelkorn is sending
them information.
I think it would just be good
for the city of albuquerque as a
whole.
One albuquerque spirit that
we're communicating these
important things.
I think having a list and having
the audits are good.
I think what councilor telles is
asking for is a contingency
plan.
Same as I asked for when this
administration took office, not
mayor, but the federal
administration, on what our
grants -- like what is the list?
You're able to pull that
together.
Should we lose funding, what is
our plan together?
As the appropriating body and
the executing of the budget, how
do we work together as a team to
replace that funding?
I think for me that's the most
important thing, especially that
we have some officers on federal
funding for their positions.
We need to have a plan.
I just wanted to echo that.
Thank you.
>>coun. Champine: thank you,
councilor rogers.
MADAM PRESIDENT, I just have one
question.
It's for the cao.
I know it's past 5:30.
Is there any plans on -- we
haven't received quarter two,
quarter three, or quarter four
of the litigation reports.
Is there any plans?
I know we sent several emails.
Are there any plans to send
those eventually?
>> MADAM PRESIDENT --
>>coun. Champine: I'm sorry,
quarter of '25.
>> MADAM PRESIDENT, councilor
champine, I would ask city
attorney to respond as reports
come directly from the city
attorney's office.
>> we do have the reports up to
date.
They're ready to circulate into
docusign.
>>coun. Champine: there ready --
I'm sorry, I meant '26.
Not '25.
>> yes.
I'm about to get the next
quarter next week.
The three quarters -- I'm
sorry -- I'm not sure I can
think through the quarters.
I'm up to date through the
quarters and I'll get another
one next week.
Whatever that most recent
quarter is is done and ready to
send to docusign.
>>coun. Champine: they will be
released before next council
meeting?
>> yes, once they go into docu
sign is just days.
>> weicide send them down
?
>> we would send them down the
next time we send legislation
which would be next tuesday.
>>coun. Champine: noted.
Councilor grout.
>>coun. Grout: I just wanted to
follow up.
How come we haven't gotten the
ones before?
>> MADAM PRESIDENT, councilor
grout, we have been working on a
new system for getting those
out.
There have been some staffing
changes in my office and we've
been trying to get a new system.
I think we now have it set.
Those have been delayed as a
result.
>>coun. Champine: perfect.
MADAM PRESIDENT.
>>coun. Pe}a: thank you, vice
PRESIDENT Champine.
We're now on item 15, other
business.
executive session pursuant to
nmsa1978 section 10-15-1,
discussion of limited personnel
matter pertaining to the
inspector general investigation
of our city attorney.
We need a roll call vote to go
into special session.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: we're back.
I affirm that the matters
discussed in the executive
session were limited to those
specified in the motion for
closure.
Now, we're on item three,
proclamations and presentations.
This will be vice PRESIDENT
Champine.
>>coun. Champine: thank you,
MADAM PRESIDENT.
Councilor fiebelkorn.
>>coun. Fiebelkorn: thank you,
MR. Vice PRESIDENT Champine.
We have a presentation tonight
on our move and mentor program
that councilor bassan is in the
lead on.
And I have been supportive.
It will be from MS. Karen anale
director of housing efficiency.
And lauren gallegos from
catholic charities.
If they can come on down.
We asked them to give a quick
update on the program that
council funded and how
incredibly successful it's been
in its first couple months.
>> good evening, councilors.
i'm the director of housing and
self-efficiency at catholic
charity.
Thank you for the opportunity to
speak with you today.
I'm here to share the impacted
of two city funded initiatives
made possible through our
support.
I especially like to thank
councilor bassan and councilor
fiebelkorn.
And everyone who helped bring
these programs to life.
Your investment is making a very
meaningful difference.
Between JANUARY and JUNE 2026
catholic charities received
funding to launch these
programs.
$300,000 was provided as direct
financial assistance to
households that were in crisis.
During that time we received 807
applications for assistance and
helped 238 households with past
due rent, move in cost and
utility assistance.
More than two-thirds of the
households were served including
children and 129 families were
facing financial crisis caused
by medical emergencies.
These are families who were one
expected event away from
homelessness.
This year, we've ex-pandemiceded
and launching our move and
mentor program.
Many people don't need long-term
case management.
They simply need someone to help
them overcome barriers like poor
credit, criminal background,
technology challenges, or
navigating rental processes.
Our team has worked one-on-one
with clients while partnering
with landlord and property
managers across albuquerque to
help people access housing.
Through this work, we also
identified dozens of seniors at
gateway west to who have been
priced out of housing.
For someone living on a fixed
income a significant rent
increase can become an eviction
notice.
We've donated $25,000 to help
transition them into stable
housing.
One point that's important to
mention is homelessness does
cost our community far more than
housing our community does.
Research estimates that a person
experiencing chronic
homelessness cost taxpayers
between $50-75,000 each year
through medical care and law
enforcement and crisis services.
Once that person is placed in
supportive housing the cost
drops to $12,800.
That's a saving of $37,000 per
person every single year.
Housing isn't just a
compassionate choice, it's a
fiscally responsible choice.
We've already seen the impact of
our move and mentor program.
We've helped people with
full-time jobs who simply
couldn't secure housing because
of barriers beyond their
control.
They didn't need years of
assistance.
They just needed someone to
advocate for them and connect
them with landlords and help
them navigate this complicated
system.
The families serve are working,
raising children and recovering
from medical crisis and doing
everything they can to remain
self-sufficient.
Sometimes the difference between
stability and homelessness isn't
motivation, it's opportunity.
Your investment creates that
opportunity.
It keeps families together and
helps ensure albuquerque
residents have a safe stable
place to call home.
We're here to ask for your
continued support to expand this
program.
We can prevent homelessness
before it happens.
This is a preventative measure.
Remove barriers to housing and
help families achieve lasting
stability.
Thank you for your partnership,
leadership and continued
commitment to making housing
stability a reality for our
community.
We do have this we wanted to
potentially show you folks.
I don't know where we do that
at.
If you have any questions --
there we go.
We would love to answer them for
you.
>>coun. Fiebelkorn: I think this
is an incredible program that is
very little money in the grand
scheme of our really large
budget here in the city of
albuquerque.
It's done a lot of good.
I want to thank councilor
bassan.
She's the one that led this from
the beginning and made sure it
hammed
happened.
I'll tell the public, if you
want to learn about it, the next
district seven connection zoom
meeting we'll have a
presentation and q&a.
If you're not signed up, sign up
for a longer more detailed
presentation the first friday of
the month.
Thank you.
>>coun. Champine: MADAM
PRESIDENT, we do have a second
presentation tonight from MS. --
councilor bassan.
I apologize.
You are second in that
presentation.
My apologies.
>>coun. Pe}a: I'd love to hear
from councilor bassan because I
think catholic charities does
remarkable work and they never
have come to the city of
albuquerque to get funded in a
way that we really should.
I have personal experience.
I just think you guys have done
an amazing job over there.
Thank you.
Councilor bassan, I'd love to
hear from you.
>>coun. Bassan: MADAM PRESIDENT,
MR. Vice PRESIDENT, I was going
to ask if they make sure we get
a copy of the flier so we can
distribute it and put it on the
website so people can get it.
It's been a pleasure to come up
with this and work with
everyone.
>>coun. Champine: councilor
fiebelkorn.
>>coun. Fiebelkorn: thank you,
MR. Vice PRESIDENT Champine.
I have the flier and I'll send
it to all of you right now.
>>coun. Champine: MADAM
PRESIDENT, we have a second
presentation from the city
economist.
She'll provide an update to the
cannabis and gross receipts tax.
>> MR. Vice PRESIDENT Champine,
I have a quick presentation for
you, councilors.
This is the MAY grt report.
here it is.
For MAY, growth slowed quite a
bit from past several months.
It was still 3.2%.
That brings the clumlative
growth to 5%.
We've got one more month in the
fiscal year.
Construction seemed to
contribute the most to the
slower growth this month.
It declined 17.5%.
Retail was 0.3% declined.
Essentially flat to slightly
negative.
On the upside, professional
services grew 10.6%.
Other services, 9.3.
Health care 21.7.
All did quite well.
Manufacturing grew as well.
I guess I can speak more to
that.
I'll go ahead and move to
cannabis.
Cannabis dropped a little bit
from last month.
33.7% growth.
It was quite strong at 16%.
The assumption or hopefully trd
is doing compliance efforts.
Hopefully that will continue to
stay a little bit stronger than
it had been.
Cumulative growth is 6.5% for
the year.
Briefly, it's hard to believe
it's quarterly report time.
It's time for unm b irksey ber.
I got their data ahead of time
and looked it over to see if
there's changes expected for
fy27.
Employment was supposed to grow
the tiniest little bit more than
the previous quarter's
projection.
Almost negligible.
And housing permits and those
sorts of things remain.
no significant changes from the
last quarter.
I can stand for questions.
>>coun. Champine: councilor
rogers.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
Thank you -- I love these
presentations every month.
Do you get access to the market
presentations that we get as a
part of our tid?
I sit on the board for south
campus and mesa del sol.
There's three of them.
And state fair.
Not really a tid.
Do you get access to those
market reports that we get as a
part of that?
I know merehead is a -- is there
a lot of time.
>> councilor rogers, I actually
attend some of those tid
meetings.
I usually hang out in the
background.
I don't believe I get the
reports.
I would love to see them.
>>coun. Rogers: thank you.
The reason I ask is because
there's information we share
during those meetings that I
think would be good for overall
public about all the different
things that make-up this report
to incorporate into ours.
I learn a ton of what's
happening in the market.
That really affects city
government.
I'm happy to share those with
you and maybe there's stuff to
incorporate.
I'd love to get a copy of the
beiber report.
If you could help me by sending
those, I would love to read
those and learn more.
last question I have is as we do
a bunch of tax abatements and
IRBs, does your department track
or anyone on your team track
that year over year so we know
we have it -- we have given all
these tax breaks, all these
people that affect our grt at
some point so we maybe don't
need to do those for a little
while so we're not inadvertently
move
losing grt because we don't have
a cumulative running total of
what that is going to affect grt
in the city?
Do you do anything like that?
>> MADAM PRESIDENT, councilor
rogers, there's something called
the gaz b
by 77.
It's looking at the irb and mra
and looking at the tax revenue
that is lost, essentially.
There's a report for it
annually.
I think this month or next I
have to start that over again.
Perhaps, you'd like to see that
report?
>>coun. Rogers: that would be
super helpful for us.
I'm just worried at some point
if we keep doing that we'll
affect our grt and what we have
as a city.
I wonder how that affects it.
Thank you, MADAM PRESIDENT.
>>coun. Pe}a: MADAM PRESIDENT.
Councilor champine, do you have
a follow-up?
>>coun. Champine: yes.
You mentioned cannabis was at
33% and it dropped a little bit.
You indicated 16, so it dropped
half?
It went from 33 to 16?
Okay.
I just wanted to clarify that.
>>coun. Pe}a: I'll just ask a
question.
Do you have an average of the
grt increase over the past ten
years?
Do you track that in terms of
perjuries?
Has the grt been 5% increase
every year?
Do you know that off the top of
your head?
>> MADAM PRESIDENT, that would
be easy to come up with.
Certain things like covid and
certain things like the
introduction of local gross
receipts tax on internet sales,
those were significant changes
that would throw that average
off.
It would skew it.
That kind of information, I can
easily provide that.
If you want an average over the
past ten years.
>>coun. Pe}a: sure.
And you can remove the covid
time.
You can include it in there.
But maybe go ten years without
that and ten years with covid.
I'm just trying to see in terms
of city gross receipts.
This is our main source of
revenue we use to provide all
the services to our employees
and do everything we need to do
as a city.
I think sometimes we're
challenged with that.
We have bernalillo county,
they're doing amazing work over
there, but they also have their
grt.
Plus they have the property tax.
And the property tax goes up 4%
on average a year.
That on top of the grt, to me,
looking at budgets over the
years and I've talked with the
county manager about this, it
looks as though our budget is
stagnant.
But we provide services here in
the city of albuquerque but for
the unincorporated area.
But also for rio rancho and
surrounding communities.
There's a real drain on our
budget without the ability to
have access to additional
revenue.
I think it's a larger
conversation that we have to
have, obviously I put forward
the grt once again.
I think it's a larger
conversation that we have to
have on how we best use our
resources.
Just like when people come into
to go the gateway.
Those are things that -- or rio
rancho coming into albuquerque
driving on the -- we're having
to repave the roads and this and
that.
Those are just good partners and
relationships we need to figure
out how we help with that.
Even with our water treatment.
Obviously, that's an issue for
the water authority, but intel,
we're cleaning that water.
That's another burden that we
have as a city.
We're the largest city in the
state of new mexico.
And we have to keep up to be
able to provide really good
services and pave our streets
and put street lighting and
we're just really, I think, each
city council district, similar
to councilor rogers's question,
we really need to figure out a
way to -- that's more in our
city.
>> MADAM PRESIDENT, I'll try to
put together some sort of
helpful report in that regard.
>>coun. Pe}a: thank you so much.
We're now on item five, the
journal.
I move approval of the JUNE 15th
journal.
There's a motion and second by
committee of the whole chair
grout.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
We're now on communications and
introductions, which is item
six.
Are there any changes to the
letter of introduction?
I have one.
Ec-195, I move the rules be
suspended for the purpose of
placing ec-195 on tonight's
agenda for action.
Authorizing social services
agreement with new mexico
veteran's integration center
utilizing opioid settlement fund
appropriations as outlined in
city council r-25-128.
I make a motion.
There's a motion, and a second
by councilor rogers.
We need two-thirds vote.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
Ec-196, I move the rules be
suspended for the purpose of
placing ec-196 on tonight's
janned for action.
It's to increase funding for
substance treatment contract
with albuquerque behavioral
health.
There's motion and second by
councilor grout.
This also requires a two-thirds
vote.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
Ec-197.
I move that the rules be sus
pend for the purpose of placing
ec-197 on tonight's agenda for
action.
Ec-
ec-197 is approval to increase
funding for fy27 substance abuse
treatment contract with engender
incorporated and this does not
require -- yes, it does require
two-thirds vote.
There's a motion, and a second
by councilor grout.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: we are now --
councilor baca, r-54.
This one only requires five
votes.
>>coun. Baca: thank you, MADAM
PRESIDENT.
R-54, I make a motion to amend
the letter of introduction for
the purpose of placing r-54 on
the AUGUST 17th council agenda
instead of placing it on
tonight's agenda for action.
Authorizing the execution and
delivery of water project fund
agreement between the new mexico
finance authority and the city
of albuquerque in the full
amount of $6.1 million.
>>coun. Pe}a: there's a motion
and two seconds.
I'll take the second by
councilor rogers.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
Councilor baca, by request.
R-56.
>>coun. Baca: thank you, r-56 I
move the rules be suspend for
placing r-56 on tonight's agenda
for action.
R-56 amending the adopted
capital implementation program
of the city by supplementing
current grant and projects.
I move do pass.
>>coun. Pe}a: there's a motion
and second by councilor grout.
This will require two-thirds
vote.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
Councilor fiebelkorn, r-57.
This will require two-thirds
vote.
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
I move the rules be suspended
for placing r-57 on tonight's
agenda for action.
Dedicated state capital outlay
funds to specific projects and
phases and requiring council
approval of scope changes.
>>coun. Pe}a: there's a motion,
and a second by vice PRESIDENT
Champine.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
I move approval of the letter of
introduction.
>>coun. Fiebelkorn: point of
order.
Thank you.
I would request the PRESIDENT
Determine whether the
introduction of r-58 is out of
order based on violation of
robert's rule of order which
prohibits improper motion.
as a reminder in robert's rules,
it does state that no motion can
be renewed during the same
session which it has aural been
before the the assembly, and the
similar questions cannot be
brought up a second time.
The session for this council is
two years long.
We're on the 15th meeting of the
27th council.
>>coun. Pe}a: councilor
fiebelkorn, what bill are you
referring to?
>>coun. Fiebelkorn: it is r-58.
>>coun. Pe}a: which we don't
have in front of us.
>>coun. Fiebelkorn: that is the
gross receipts tax bill that has
been voted down three times
already this calendar year.
I would say this is
substantially the same what is
being proposed tonight.
I don't believe it qualifies
under the rules that we have for
council.
>>coun. Pe}a: yes.
I got it.
We're just shuffling papers.
Around.
Thank you so much.
I think I will defer to the city
attorney.
I will actually go through some
of -- let me find -- this is not
on the agenda.
I think this is the second time
with the grt.
It's not the third time,
correct?
>>coun. Fiebelkorn: MADAM
PRESIDENT, I can answer that
question for you.
We've voted down o-26-16.
Which was back earlier this
year.
And then we also voted down
r-26-43, which was recent.
And then there was a motion to
reconsider that failure, and
that also was voted down by this
council.
I believe a gross receipt tax
has been voted down three times
by this council in this calendar
year.
>>coun. Pe}a: yes, working with
our attorneys, it really has to
have some change to it in order
for it to be a different bill.
This one is prettily
substantially different.
O-26-57 structure
ally different
approach designed with stronger
taxpayer protection guarantee
which the last one did not have.
Long-term fiscal responsibility.
Unlike past proposals this
establishes clear boundaries on
how funds are allocated, spent,
and sustained.
Balance allocation, we shifted
from 50-50 split which we added
for more operation and 47 for
capital projects.
Operational funding remains
main z
mains
permanent to support on going
services, the capital portion
automatically ceases after 21
years.
We didn't have that before.
With the capital, we're all --
if it were to pass and go to the
taxpayers, which I think is
paramount, this is really, I
feel, the fact the bill hasn't
passed so many times is really
unfair to the taxpayers.
I have confidence in taxpayers
to make the right decision.
If they decide not to pass it,
that's what their decision is.
We get people coming here are
the time saying let us make the
decisions, this is a decision
for the taxpayer.
i'm just proposing we put it on
the ballot.
And protecting the wages for
employees, we have a specific in
there for employees to outline
they would be part of this bill.
It's not here or there or maybe
or maybe not.
I think this really guarantees
protections for our employees.
And then, the other strong
language in here is that it's to
supplement, not supplant.
Some of the services, as you
know, it could be this
administration or other
administrations that they can
use it to sustain current
operations that the city of
albuquerque has.
This actually protects from
doing that.
It ensures this new money goes
to new services and new
operations for the city of
albuquerque.
MS. Keefe, I don't know if you
can answer the question further.
>> thank you, MADAM PRESIDENT.
I just -- I don't construe the
council to operate in session.
The rule of order has a specific
definition of a session.
In contrast, the new mexico
legislature operates in sessions
and bills die at the end of a
session.
We don't have a session where
bills die.
We have calendar from jan to
DECEMBER.
If a bill is pending it carries
over to next JANUARY, that's
true if it's this council or
next council.
There's no reference to session
in the council's rules.
When the calendar is passed it's
not referred to as a session or
part of a session.
i don't think the rule cited is
applicable.
>>coun. Fiebelkorn: MADAM
PRESIDENT, MAY I respond to
that?
>>coun. Pe}a: councilor
fiebelkorn.
>>coun. Fiebelkorn: that is very
interesting because we have been
working under this rule for the
entire time I've been on
council.
I've specifically not
reintroduced bill for the
mandatory two-year wait period.
If we are going to hear this
bill tonight, I look forward to
reintroducing rank choice voting
immediately and also my full
renter's bill of rights
immediately and I will continue
to keep those on the dais as
long as I possibly can.
Because now I'm being told there
are no rules that say that we do
not repeat bills immediately
upon their failure.
>>coun. Pe}a: thank you,
councilor fiebelkorn.
I think it does state the bill
does have to differ.
If you introduce it has to
differ somewhat.
>>coun. Fiebelkorn: MADAM
PRESIDENT, the bill in front of
us is substantially the same as
the bill we voted down twice
already.
I did a line by line, word by
word analysis changing 50-50 to
47-53 and adding one
three-paragraph new paragraph
and three-sentence paragraph in
there, strategic editing doesn't
create a new question.
This will be the fourth time
that the citizens of albuquerque
have had this voted down by this
council tonight.
I was asking for a ruling by the
president to determine if this
was in vailation of robert's
rule of order.
>>coun. Pe}a: before I go to
you, vice PRESIDENT Champine, I
would say that it is not.
>>coun. Fiebelkorn: thank you, I
move that the council appeal the
PRESIDENT's decision.
>>coun. Pe}a: there's a motion
and a second.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: no.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> it passes on a 7-2 vote.
>>coun. Pe}a: formalities -- how
would you -- what's the process
now for formalities?
Before we go to that, I just
want to say, you know, we
have -- this is really -- you
know, I expected this to be kind
of dead in the water.
I've already talked to some of
the union folks and let them
know it's probably dead in the
water.
I wanted to make sure to try to
bring this back as a last-ditch
effort.
As you think, I'm going to
rehash some of what councilor
bassan said at one point.
We have a budget -- I just
described our budget we have
with our grt.
The truth of the matter is we
don't grow it by that much.
We're held hostage, by lack of a
better word, but we base most of
our entire budget on the grt.
When we talk about flexibility
and services that the community
wants and needs and the trash
picked up and all the pictures
that councilor rogers just
showed minutes ago, all those
things require staff needed to
be able to do those things.
And when you look at our budget
you hear we don't have enough
staff.
We have vacancies.
We're not paying our staff
adequately.
They're going to other
municipalities.
They're leaving the city.
Before, many years ago, working
for the city of albuquerque was
paramount.
That's how you -- when you're in
poverty or when you're working
class that's how you got out by
getting a job that provided
benefits and security.
And government has not been that
way.
We haven't done a good job of
doing that.
I mentioned this last time, I've
been on council for 12 years.
Of those 12 years, our city
employees have not been able to
receive a significant wage
increase to really even keep up
with cost of living.
When we ask ourselves why aren't
these things happening in the
way we would like to see them
happen in our community, it's
going to continue.
Because if we do nothing, we
have the same.
If we do something -- not us as
a council doing it, this vote
right now really took the
ability away from you the voters
to make the decision whether we
should do this or not.
Thank you.
Formalities.
>> MADAM PRESIDENT, in
consulting with the clerk of the
council, the letter of
introduction will be amended to
remove that bill from the letter
and it will be reflected in the
journal that the vote was taken
to take that off.
>>coun. Pe}a: okay.
Thank you so much.
We can proceed?
Okay.
MADAM Clerk.
>> this is approval of the
letter of introduction.
Did I get a second?
>>coun. Pe}a: yes.
Did you get the person?
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: repeat what
we're voting on.
Thank you, yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: no.
8-1.
Got it?
We are now on item 7, reports of
committee.
There are none.
Deferrals and withdrawals,
councilors, are there any
deferrals or withdrawals?
Committee of the whole chair
grout.
>>coun. Grout: I'd like to pull
ec-26-160.
>>coun. Pe}a: on the consent
agenda.
Did you want to read it off?
>>coun. Grout: sure.
Ec-160 is approval of the
agreement with home wise
incorporated to utilize housing
and neighborhood economic
development funds in the amount
of $2.8 million to administer
homeowner rehabilitation
program.
>>coun. Pe}a: okay.
Now, we don't need a second.
Thank you, councilor rogers.
With that, for the individuals
on tonight's consent agenda
being appointed tosoever on a
board or commission thank you
for your willingness to serve.
I move proval of the consent
agenda.
I'll take it now.
Councilor rogers.
There's a motion, and a second
by councilor rogers.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
Councilor grout.
>>coun. Grout: thank you, MADAM
PRESIDENT.
I'm very interested in this
program.
I think it's wonderful.
I have a few questions.
First of all, it took -- this
rfp went out two, three years
ago.
Three years ago.
And it's just now coming to
council.
Can someone explain a little
bit?
>> MADAM PRESIDENT, councilor
grout, director ramirez is here.
You can speak with our new
deputy director, jordan barela,
to speak to this specific
contract.
>> thank you, MADAM PRESIDENT.
Councilor grout, the timing
related to the home wise
contract did take quite
sometime.
As I understand it from staff,
the rfp was submitted in
SEPTEMBER of 2023.
Some of the issues pertain to
the rfp review committee as far
as the timing was concerned.
This program is funded through
our fund which requires members
to be on the ad hoc committee.
It was very difficult to get two
members to go through the entire
process.
A few members had to change a
couple times which stalled the
reward.
>>coun. Grout: thank you.
I'm looking at a map of the
pockets of poverty.
Can that be expanded at all?
It's very concentrated.
I know there are other areas in
the city that can benefit from
this.
How can we make that change?
>> MADAM PRESIDENT, councilor
grout, to go back to the history
of the program, it was initially
funded through an urban
development action grant that
was provided by hud.
At the time that grant, I
believe it was awarded in the
80s, was provided for economic
development activities.
The loan proceeds were provided
for the program.
As I understand one of the
requirements is the loan
proceeds be used in the pocket
of poverty which is why the
ordinance is set up this way.
In terms of whether that map can
be readdressed at this point in
time, that's a question that was
brought to my attention.
that's something we going to
have to research to determine if
those requirements are removed
to make that change.
>>coun. Grout: thank you.
I personally would like to defer
this ec a couple weeks and work
on it to see what we can do if
we need to make changes to the
ordinance.
I do believe there's more -- a
broader area that could benefit
from this.
It's a great program.
I'm all for it.
I think the rfp went out three
years ago, AUGUST 21st.
That's three years.
I don't think two weeks is going
to hurt just to get a few more
questions answered and possibly
broaden the scope of where this
would take us.
>> councilor grout, I believe
councilor rogers has a few
questions.
Your motion to defer and
questions over it with councilor
telles.
Can it wait for questions?
>>coun. Grout: sure.
>>coun. Rogers: thank you, MR.
Vice PRESIDENT Champine.
Thank you for being here.
I have a lot of questions.
I was very vocal about the last
round of home renovation money
that home wise got.
They were responsible for doing
low income areas, communities of
color.
They brought us data and helped
nobody in the low income
bracket.
And the data was shoddy on who
they actually helped.
But it was clear it wasn't
anyone in the low income bracket
which is also what the grant
requires.
what are we putting in place
this time if we're going to give
them more money?
Last time it was $3 million.
I was a city employee working in
inclusion and it took three
years to get that money out and
only because I became a city
councilor and I asked what
happened to this money.
We found out at that time they
still hadn't spent it all.
And we're going to reward them
with $2.8 million when they kept
this in their accounts
generating interest while
thousands of people in
albuquerque, especially seniors,
who could not afford home
renovations were not helped.
What is the department going to
do to make sure if we agree to
give them 2.8
$2.8 million more,
which I don't think we should,
what is the contingency plan to
make sure they do what we expect
quickly and it doesn't take
three years to get this money
out?
>> MADAM PRESIDENT, councilor
rogers, within hhh and community
development we have a compliance
team and when it comes to this
types of programs and the
grantees of the programs.
Hhh reserves to audit the files
to determine anybody that
received that funding income
qualified and lived in a
designated area.
>>coun. Rogers: MADAM PRESIDENT,
I hate to cut you off.
Those contingency plans didn't
work with the last $3 million
you gave them.
I know you're knew to the city.
You shouldn't be speaking to
this, let's switch places with
director ramirez.
director ramirez, you and I have
gone round and round about home
wise and this program.
Your contingency plans didn't
work last time.
What are we going to do
differently this time to make
sure?
Where is it in the contract?
>> MADAM PRESIDENT, councilor
rogers, the initial awarding of
the partnership with home
wise -- and the applications
now.
Did we work hand and hand with
home wise and they're here
tonight as well, it was to be
able to make sure that
compliance was there and the
structure was there and there
was the ability to get that
money out to the individuals
that qualified for that
particular program.
As this funding comes to you all
for approval and we move forward
in that, those contingency
ies
will make sure the compliances
happens and the individuals
served meet the qualifications
in the overview.
>>coun. Rogers: it sounds like
the same answer.
What is different this time?
>> MADAM PRESIDENT, councilor
rogers, I don't understand in
regards to what you would like
to see different.
I'm hearing you're saying the
compliance wasn't there.
I don't believe that was --
>>coun. Rogers: your department
audited them, correct?
>> the compliance for the
previous funding allocation?
Yes, the monitoring did happen.
>>coun. Rogers: I heard from
your previous director there was
some issues with that, correct?
with how quickly they got the
money out and who were they
expected to help?
It was an issue.
And now I'm asking as the
steward of this money, your
responsibility as the director
of the department is to make
sure who we give it to does the
right thing with the dollars.
If you can't speak to that, who
from home wise can?
Who is here from home wise?
If your department -- thank you,
MADAM PRESIDENT.
If your department cannot tell
me how we're going to make sure,
I'd like to hear from the
provider directly.
Just for the public, I've been
doing this with home wise for
almost six years.
It was first as a city employee
and now as a councilor.
Tell me your name.
>> carl davis.
>>coun. Rogers: how long have
you been with home wise?
>> seven years.
>>coun. Rogers: awesome, tell me
how we're going to make sure
this money gets to the people
it's intended to get to.
It didn't happen in the last
round.
>> we have to take a minute.
It did get to the people.
The average income of the
recipients was 26k a year.
Everyone was below 80% ami.
>>coun. Rogers: that is not the
data we actually displayed
publicly from your company.
>> that is the data we provided
ahead of this meeting.
>>coun. Rogers: ahead of this
meeting, but what was presented
to this council publicly did not
show that.
I am am happy to send that to
you.
I know we have to move on.
We have a lot of things.
I don't want to belabor this
point.
We need to get on the same page.
We have people suffering.
We have an insurance crisis in
this country where insurance
companies are leaving homeowners
with the bag.
Holding the bag who have holes
in their roof.
Who have not working plumbing
which home wise, thank you for
helping one of the constituents
I was able to call you and hold
your feet to the fire to help
someone in my district who
needed your help.
You went and above and beyond to
help because a councilor called.
I want us to work together as a
team to make sure the people who
needs this help gets the help
they deserve.
And that is extremely important.
Back to director ramirez, how
many rauntds -- respondents did
we have for this rfp?
>> one.
>>coun. Rogers: and that's
exactly the excuse you gave me
last time.
Which means your department did
not do any recruitment.
Can you tell me about your
recruitment process for this?
>> MADAM PRESIDENT, councilor
rogers, understanding that the
agency we spoken to encourage to
apply the capacity surpassed the
city.
We had the conversations with
them to encouraging them to
submit applications, in the end
we had one respondent.
>>coun. Rogers: guess what, I
tried to recruit.
They didn't want to do business
with your department.
That's the feedback I got from
the companies I begged to
respond to this.
They don't want to do business
with the city of albuquerque.
We have to do better.
I'm going to continue to say
this to hhh, health, housing,
and homelessness.
That is your charge.
Not ACSs.
You have millions of dollars at
your fingertips.
We saw amazing outcomes from
$380,000 from councilor
bassan's -- did you see that
data?
$380 million, I can't get that
data from your department to
show impact and outcomes.
My district, I'm done.
I think that's the theme for
today.
I'm done living like this.
I am done, done, done.
We've got to get better.
Thank you, MADAM PRESIDENT.
One more thing.
Thank you, MADAM PRESIDENT.
To answer councilor grout's
question about pockets of
poverty, that is held for
opportunity zones we just went
through as a city, and thank you
to secretary rob black for
giving me and the city of
albuquerque an extension.
We almost missed that deadline,
councilor grout, to identify new
opportunity zones.
That is how this map is taking
care of through our census and
opportunity zones.
Thank goodness I know all about
the census and how this works
and was able to flag it go
myself and get an extension from
the state of new mexico because
albuquerque missed the deadline.
and thank goodness we got that
extension and worked as a team
with economic development to
make sure we put in opportunity
zones so the pockets of poverty
can be extended to the other
areas that need them.
That's the process.
We almost missed the boat.
Thank you, MADAM PRESIDENT.
>>coun. Pe}a: councilor telles.
>>coun. Telles: thank you, MADAM
PRESIDENT.
Hello, director.
Welcome to the
circus of chaos.
I wanted to visit the pockets of
poverty matter here.
From our ordinance, it doesn't
come from opportunity zones.
It was written into our city's
ordinance.
I don't know if you know this,
so if you do, please indulge me
for a minute because maybe other
people don't.
It was written into our city's
code of ordinances back in 1987.
Because we wanted to make sure
we were in compliance with the
udag.
That's what you're following,
correct?
Okay.
The udag no longer exists.
It was terminated at the federal
level.
These funds, as far as I can
find, haven't been included in
the cfa for years.
It's not listed as an active
federal award.
So, are you treating these loan
repayments in that projects fund
as a permanent condition that
was tied to those specific
parameters of pockets of
poverty?
>> MADAM PRESIDENT, councilor
telles, no.
not in relation to trying it
into the original grant
agreements, but in relation to
trying it into the ordinance.
>>coun. Telles: right.
Then, we need to do some work on
the council.
Our job now -- we're going to
have to update that ordinance
and amend it.
Because we can't just
unilaterally extend it outside
of the pockets of poverty, which
is an 11-mile area.
How long have those funds been
sitting in that fund 277?
>> MADAM PRESIDENT, councilor
telles, I don't know exactly,
but quite sometime.
>>coun. Telles: yeah, like 40
years.
Those funds have been sitting in
that fund for 40 years.
It's all been based off of these
pockets of poverty under a
definition that hasn't existed
since 1988.
So, we need to -- but, we can't
actually do that until we have
answers to a couple of things.
And it requires us to know if
there is a permanent condition
in that original udag
requirement that tied to the
loan repayment.
While we can amend that
ordinance, we can't until we
know that.
I had a good conversation with
MS. Montoya from your office
earlier today.
She did send me some really good
information.
But I'm really glad that
councilor grout pulled this
because we definitely need to
defer this until we can know
what those original grant
parameters were.
Because we just -- you know, we
can either -- there's two things
that can happen.
We're just stuck within this
11-mile restriction that was
created in 1987, or we can
expand it to other pockets of
poverty that exist in the city
that really, really needs this
money.
And that really -- to councilor
rogers's point, to extend these
opportunities -- when I was in
school, when I was 14 or 15
years old, my family benefitted
from a rehabilitation program by
the city.
This was in las cruces, but it
made a huge difference.
We were literally sleeping on
our concrete floors in our
house.
We had to shove napkins in the
corners of our houses because it
would get cold.
It was just -- these type of
programs are so incredibly
important and they make it such
a huge difference that we should
not be restricting them to
certain zones when that poverty
exists throughout the city.
I do need to -- before we can do
anything, we have to find out if
there is any sort of permanent
condition tied to loan
repayments.
It MAY be worth requesting our
ITAs to extend our scope and
test that and see if they can
find that information for us.
MS. Sandoval, that might be an
option because this is going to
go pretty far back into cfa
items.
I don't think it's been on -- I
haven't seen it since the fy24
acfr.
I think it came up in, maybe,
2008.
But the historical documents
aren't very there for us.
Yeah, I would appreciate if we
could find that information out
because otherwise we're
unfortunately stuck with that
11-mile area for this particular
money.
Thank you.
>>coun. Pe}a: thank you.
Just a couple questions related
to this.
This is the home wise that does
rehabilitation for the houses,
right?
Am I correct?
>> MADAM PRESIDENT, that's
correct.
>>coun. Pe}a: that's what where
a
-- that's what I assumed it
was.
Hearing some of the concerns, I
think they should probably look
at, you know, we should always
revisiting -- we should revisit
fees and whether we have tax
increase for revenue.
We should revisit how we fund
some of our social service
grant.
I think all those things are
important.
I'll just say that I think my
opinion differs a little.
I just don't want the public to
think everyone on the council,
but I'm speaking for myself, put
it came across that everybody on
the council feels this way.
I just want you all to know just
a few short years ago, I'm not
sure who was on council then,
maybe councilor bassan and maybe
councilor lewis, but we were
using most of this money --
correct me if I'm wrong, we were
using most of this money for
affordable housing.
We were stockpiling affordable
housing dollars.
and we were not being able to
get many of those affordable
housing dollars out the door.
I did an amendment one year -- I
think councilor fiebelkorn was
here -- I did an amendment one
here to actually take out that
$3 million for housing
rehabilitation.
I think councilor baca later
renamed it a name -- gave it a
name.
Just a few short years ago,
whether home wise is the only
recipient who responded or not,
we were not doing home
rehabilitation in our city.
We have so many seniors and
houses are delpidated, yet we
take both -- eventually, they
have their resources to be able
to rehabilitation their houses.
And we vote here on this dais to
condemn that house, knock that
house down.
On principle, it's something
that's needed to be done, but on
principle, I've never voted for
those because I said I won't
vote for those until we have a
program that helps with housing
rehabilitation.
Just carving out that $3
million, which I think we should
give this money to home wise and
we should carve out another six
or seven million dollars to do
this because our housing
stock -- if we're talking about
housing first and keeping people
in their houses we need to help
those in the neighborhoods and
people who can't afford to make
those necessary repairs.
I met with home wise, I talked
to them about they've done with
the resources.
Unfortunately, the resources
don't go as far as we would
like.
i know they ended up helping 60
homeowners, but -- 58?
I know it was about 58 for the
$3 million.
I would hope that our department
can look at how we get the best
bang for the dollar in terms of
$2.8 million for 60 homes, even
though there's all the costs
that's associated with it.
They have administrative cost
and utility cost and everything
is partially factored into this.
And as we bring these back in
house like we used to have the
housing, right, which I'm for
those kinds of things, but as
far as I know home wise has done
a decent job.
I think you guys have to do do
the checks and balances to make
sure for that.
But I really think that this is
just a drop in the bucket.
In reality, $2.8 million can
only help 60 homes, we have to
do better.
68 homes.
We were all wrong.
It was 68 homes.
Just to say that, I'm not going
to vote for the deferral.
I do think when we're talking
about some of these things, even
budgetary how we need these
things and how we need housing
rehabilitation and we need it in
more pockets of poverty and as
you can see the frustration from
some councilors here talking
about it they want it in their
area as well, this is a new
program that just started a few
years ago.
And the demand out there is so
high that we're a little bit
behind the eight ball.
I hope when we talk about the
budget, we do that.
And when we talk about
affordable housing dollars, I
know it helps the bigger cause,
but putting everything just into
affordable housing doesn't
address our neighbors in our
community.
With that, I will go to
councilor grout for her main
motion.
>>coun. Grout: I would like to
defer it for two weeks so we can
have a little bit more offline
conversations and plan going
forward.
I think it's great program.
I'm all for it.
But I have some questions.
>>coun. Pe}a: there's a motion
and a second for a two-week
deferral.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: no.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> passes on a 7-2 vote.
>>coun. Pe}a: thank you.
We're now on announcements,
which is item 9.
Councilor lewis.
>>coun. Lewis: one second.
There will be a finance
government operations committee
meeting on monday, AUGUST 10,
5:00 P.M. In city council
committee room, ninth floor
suite 9003 city of albuquerque
government center.
>>coun. Pe}a: councilor bassan.
>>coun. Bassan: there will be an
intergovernmental legislative
relations committee meeting on
wednesday, AUGUST 5th at 3:00
P.M. Via zoom.
And there's a land use planning
zoning committee meeting on
wednesday, AUGUST 12th at 5:00
P.M. In the vincent e. Griego
chambers basement level of the
albuquerque government center.
This will be a hybrid meeting.
>>coun. Pe}a: thank you,
councilor bassan, for those two
announcements.
It is now 7:05.
I apologize.
Councilor rogers.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
I just wanted to announce we
have national night out tomorrow
across the city.
If you google cabq national
night out you can find one at a
park or somewhere near you.
I think we have over 40 events
across the entire city.
Me and councilor baca compete
for who has more.
I think he has beat me by one.
District six has seven events to
join us.
All the council districts.
I encourage everybody to come
out.
This is about engaging in a
different way with our
neighbors, with each other,
neighborhood associations, city
leaders.
All of us I'm sure are making
the rounds.
I know directors are getting
assigned.
It's really one of my favorite
times to humanize each other to
each other.
We're all in this albuquerque
together.
And national night out is a
really good time for us to break
bread together.
I'm hosting one at daniel
webster park.
We have taco tuesday happening.
and we have rockin' rob and dj's
spinning the ones and twos.
I encourage everyone to come on
out and find one near you.
Let's fellowship together.
Thank you, MADAM PRESIDENT.
>>coun. Pe}a: thank you,
councilor rogers.
Now, it is 7:08.
We are going to take a dinner
break.
We'll return at 7:40.
>>coun. Pe}a: okay, everyone.
We're back in session.
We're now on item 10, financial
instruments.
This is councilor baca by
request.
O-38.
Councilor baca.
>>coun. Baca: thank you, MADAM
PRESIDENT.
O-38, authorizing the issuance
and sale of the albuquerque, new
mexico, taxable industrial
revenue bond sawmill hotel
projects series 2026 in the
principle amount of $40.2
million to construct improve the
sawmill dream catcher hotel and
hampton suites with 130 guest
rooms.
I guess we open it up to public
comment.
>>coun. Pe}a: was that a motion?
You need to make a motion.
There's a motion, and a second
by councilor fiebelkorn for do
pass of o-38.
Councilor baca to open.
>>coun. Baca: thank you, MADAM
PRESIDENT.
I think I'd like to start with
public comment on this one.
Everybody has been waiting.
We have quite a few people.
>>coun. Pe}a: okay.
Call our first speaker, garret.
>> thank you, MADAM PRESIDENT.
Our first speaker is senator
o'malley followed by lisa.
>> MADAM Chair, I do have a
handout just so you can get a
sense of the -- you know, it's a
very primitive drawing, but it
gives you a sense of where we're
talking about.
Good evening, MADAM PRESIDENT,
councilors, I'm debbie o'malley.
I serve as advisor to the board
of directors for the sawmill
land trust.
I do want to say I appreciate
you have taken our concerns into
consideration regarding the irb
for hotel in the sawmill
district.
I did get a call from the
developer on thursday.
I met with him that afternoon.
He said he wants to move forward
with five stories.
That is the model he based his
model on.
Any change to the model would
require he reevaluate whether
that project is feasible.
That's what happens when you do
development.
In particular, we do a private
development and you're asking
for tax subsidies.
It's not a static thing.
You have to revise it because of
changes.
That argument could be made that
feasibility is placed on a
number of units.
We're not suggesting that he
reduce the number of rooms,
we're just suggesting the height
standards listed in mx-m be
followed.
He also stated he would not put
windows on the side of the
hotels so the people could not
look into people's yards.
Since it would be next to single
family housing.
That would be pretty weird.
he also said he was approved for
variance of a building for 60
feet.
Assuming this is true, he would
have a variance for up to 60
feet.
This is not a requirement he
build to 60 feet.
This council has a right to
lower the irb.
If it's the council's wish to
approve, we wish the restriction
for height and traffic for exit
and entering the development be
supported.
Thank you so much.
>> lisa followed by michael.
>> hello.
It's been a while.
Thank you so very much.
I'm here on behalf of new mexico
stronger together coalition.
As the founder.
Speaking to o-26-38, we
recognize that we are in need of
businesses and hotels and places
for people to stay when they
come and visit.
What we have been looking at and
for myself individually I very
much appreciate the patience
we've had.
And not ramrodding things and
taking the time and listening to
community.
The reality is you can make a
hotel and force one to be there,
that doesn't mean the community
is going to accept it or
partner.
I would encourage us to go at
the pace of the community that
lives there.
That doesn't mean you can't get
a hotel, I'm just asking -- and
thank you to the developers and
listening and partnering with
our community.
Our goal going forward is we
don't have to be at odds for tax
subsidies.
But we can do this together.
Community is not opposed to
development, just include us.
Please.
>> michael followed by austin.
Austin followed by peat.
>> I've never done formal
speaking.
Deal with me.
I'm a new mexico native, born
and raised in the north valley.
I went to st. Pious and went to
unm.
I wanted to get off it the
sidelines and be proactive on
voicing my opinion in the
community.
I'm in support of the new hotel
in the sawmill district.
After looking into a night for
special occasion and closer
hotels in the area, it ranges
from ch a -- chaco at $477.
It's not doable for somebody
like me.
A nice likeally mid-range priced
hotel with walking distance and
the restaurant and old town and
dpal
galleries and museums, I think
it would be help with traffic.
More walking and people doing
that.
That's all I have.
Hopefully that's enough.
I think it would be a great
addition.
Thank you so much for your time.
>> pete followed by tod.
>> I am the manager of plaza don
luiz and I own the taproom and
live in old town.
I retired from the state police
in 2019 as the chief.
I know about crime and what goes
on in the area.
I support the development.
I think it's difficult for new
construction projects in old
town.
This is as close aswe're going
to get.
The developers decided not to
include a bar or restaurant,
which is great.
Because where are those folks
going that are staying there?
They're going to old town and
sawmill and visit the local
establishments.
I think it offers an affordable
place for the average tourist to
stay when they come to downtown
and old town which is great for
the community.
Creates some good jobs too.
For the irb, I feel it should be
extended to anyone as it has
been for other entities.
I fully support it.
Thank you.
>> haily followed by tom.
>> hello, MADAM PRESIDENT,
councilors.
I am here to express my support
for the industrial revenue bond.
My first point is that this
hotel will befality
nefit albuquerque.
It strengthen's albuquerque's
ability to compete with houston
and phoenix.
Meeting planners consider many
factors when considering
destinations including
availability of programs.
We want to become part of the
community and create meaningful
long-term careers for residents.
Sun capital hotels has a
leadership development program
available to every employee not
just a select few.
And an employee's current
position does not determine how
they can -- a person can begin
in housekeeping, maintenance or
front desk and development into
a supervisor department head or
general manager.
For these reasons, I
respectfully ask you to support
this irb and thank you for your
consideration.
>> dina followed by aaron.
>> good evening, everybody.
I'm the general manager of
albuquerque uptown.
I've been -- I spent over 17
years in the hospitality
industry.
I'm in support of improving the
irb for the project.
I understand concerns about
traffic and architecture and
bringing a hillton bran into old
town.
It will be locally owned and
operated and create local jobs
while generating tax revenue
that stays in the community.
Most importantly, hotels don't
just serve tourists, they serve
neighbors.
Every year, families are
displaced because of house
fires, flooding, mold and other
emergencies.
Most homeowners insurance
include coverage for temporary
hotel stays when a home is no
longer safe.
Allowing families to stay close
door communities.
Throughout my career I've seen
them stay with us for weeks and
months while they put their
lives back together.
Having quality affordable hotels
means our residents have a safe
place to go during some of the
most difficult times in their
life.
These hotels will also provide
an affordable option for local
families, hosting out of town
visitors.
>>coun. Pe}a: thank you.
Your time is up.
>> aaron followed by bernice.
>> MADAM PRESIDENT, councilors,
thank you for having us here
tonight.
Sun capital hotels changed the
path of my career by believing
in me and giving me the
opportunity to become a general
manager.
They saw the skills I already
had and invested in my potential
and trusted me to take the
challenge to help me grow in
ways I never imagined.
Though this opportunity --
through this opportunity, I
learned how to solve new
construction and pre-opening
challenges.
Train and develop employees, and
set up new business for
long-term success.
Most importantly, I was able to
help others by hiring a local
team, building strong company
culture and developing future
leaders with sun capital hotels.
This experience shows me that
sun capital hotels truly einvest
in people, promotes from within
and prepares team members for
successful leadership
opportunities.
I am grateful for the trust they
placed in me because not only
did it change my career, degave
me the chance to help shape
career for others.
Thank you.
>> bernice followed by robert.
>> good evening, PRESIDENT,
councilors.
I live in the -- I am the
executive housekeeper there.
Throughout my career, I assist
with the leadership development
program at sun capitals program.
I have experienced significant
personal and professional growth
as I have developed I also
remain committed to supporting
the growth of and success to
supporting the growth in success
to others by encouraging
opportunities.
I believe these new projects
represents an exceptional
opportunity not only for the
companies expansion, but also
for the professional development
for our employees.
It would create new career
paths, strengthen our workforce
and provide meaningful
employment opportunities for
members of our community.
Thank you.
>> robert followed by adrian.
>> MADAM PRESIDENT, fellow
council members.
I am the general manager of
fairfield inn.
I grew up near central avenue
near old town.
I am proud to call albuquerque
home.
I worked in hospitality for 18
years.
Starting in housekeeping and
working my way up through the
ranks.
Before joining sun capital
hotels I held leadership
positions and they gave me the
opportunity to grow in my
current role as general manager.
Sun capital believes in
investing in people and the
opportunity to attend
conferences.
I was given the tools to grow
professionally and personally.
Today, I have the privilege of
paying that forward.
I mentor and development
employees.
I am proud to say two of my
associates completed leadership
programs and managed departments
of their own.
started from breakfast and now
are front office manager and
house keepers.
I built strong relationship with
local businesses especially
restaurants and I hope you guys
support this.
>> adrian followed by consuela.
>> MADAM PRESIDENT, councilors,
I've spoken on behalf of this
before.
I'm asking you to protect the
sawmill district.
How I thought I could express my
thoughts in a one-minute session
in front of you is best
illustrated by a koat channel 7
investigation that was done JUNE
13th of this year.
The headline reads, albuquerque
hotels denied booking to local
residents.
Two hilton inn expresses have
policies prohibiting local
residents from booking rooms.
With one citing concerns about
unsavory activity.
I can't read the whole article
to you.
What I'm asking you to do is
protect the sawmill district.
A limited service hotel in the
most culturally sensitive
district in the city that we've
worked so hard for the last 25
years to cure at something
special in the district with old
town and sawmill does not need
this.
Thank you very much for your
consideration.
>> consuela followed by viola.
>> good afternoon.
Evening, actually, already.
I am a general manager for the
sun capital honechlz I
hotels.
Sun capital is one of the most
caring companies I ever worked
for.
not only do their care about our
team members but they care about
our beautiful city.
We volunteer in our community,
purchase school supplies for our
team member's children.
We purchase turkeys and hams for
our team members over the the
holidays.
That's just a few things we do.
I worked at a hotel previously
owned by sun capital that was
sold to a different owner.
When the sale occurred, dapesh
gave me the opportunity to stay
with the same hotel or move to
another hotel within the sun
capital company.
At the time I chose to stay at
the hotel, I realized my home
was with sun capital.
He welcomed me back as a general
manager of an hilton hotel.
Hilton is not only a huge brand,
but sun capital is a local
company who takes pride and is
proud to be part of the city of
albuquerque.
>>coun. Pe}a: thank you.
>> viola followed by david.
>> good evening, MADAM
PRESIDENT, city councilors.
I am PRESIDENT Of the sawmill
land trust.
At the last meeting we all spoke
about the fact that the traffic
is becoming a worse problem in
the sawmill district.
And this five story hotel would
increase traffic along 18th
street.
The developers said at that time
the traffic would be less than
that of an office building and
he did not have to get a traffic
study.
Maybe not for an irb, but likely
for a building permit.
The fact is 18th street is not
an arterial street that can
carry a lot of vehicle traffic.
It is a street where pedestrian
traffic, bicycle traffic is
paramount.
For these reasons, we ask our
councilors to move amendments
forward for traffic and height
as condition of approval for the
irb.
It is important we get it right
at this area that we consider
the adjacent land use and design
and neighborhood character.
Thank you so much for your time.
>> david, followed by orlando.
>> I don't know if this camera
can focus on this.
Can it focus on that?
I'm PRESIDENT Of the sawmill
area neighborhood association.
And we are not opposed to the
development.
We think the idea of the hotel
is great.
I like the idea of the
mid-priced hotel.
But we're against the five
stories.
Three stories would be good.
Four stories, ehh, five stories
is the sort of thing that gets
the neighborhood association
irritated.
I think the council needs to
take that into account.
If you look at this map, it's
part of the packet you got
originally, the red dot is where
the hotel is, what you'll note
is on this proposal they cut all
the neighborhood away.
All you have here is industrial
stuff.
You have the apartments in this
area.
But the rest of it is not where
folks live, most of the time.
Where the folks live is to the
east of that.
That will be impacted by a
five-story building.
I think that's a bit of the
metaphor for the procedure that
has gone on for this which is
worried about grt.
We need to worry about the
neighbors.
For this reason, we're opposed
to a five-story building.
We're not opposed to a hotel.
>> orlando, followed by shaun on
zoom.
>> good evening, MADAM
PRESIDENT, councilors.
I'm the executive director of
the sawmill community land
trust.
I attended the meeting, the
communication consultant had.
As we mentioned at the last
meeting the land trust is
gearing up to the plan
repairening parcel.
Our effort include a traffic
study.
We appreciate the councilor
support for the effort.
Developments that exceed two
stories comply with the mxm none
of which exceed the maximum
height called out in the zon,
that's because the development
abuts a single family
subdivision.
We're asking the developers
consider the effort that height
and traffic on the existing
community.
This proposed hotel abuts an
older single family
neighborhood.
What is being proposed is a five
story boss, how is that
acceptable?
Please consider the amendments
to right that height comply with
mxm and any vehicular traffic
proposed enter and exit through
connection through 12th street.
>> shaun followed by jasper.
>>coun. Pe}a: one second.
>> MADAM PRESIDENT, councilors,
I'd like to make you aware that
the site plan and building a
permit stage of the proposed
development is going to be
considered quasi-judicial
commentary on design and zoning
for the property should be
limited and that will be for
further discussion as this
progresses.
>>coun. Pe}a: thank you.
>> shaun, followed by jasper.
>> good evening, can everyone
hear me?
>> we hear you very well.
>> thank you.
I was born and raised in
albuquerque, new mexico.
And as someone that owns a small
local business in the north
valley, I care about our local
community and its growth.
I believe this hotel project by
sun capital will greatly benefit
albuquerque sawmill and the old
town area by supporting existing
businesses, replacing daytime
office traffic with vibrant
weekend and providing affordable
lodging.
There are tons of community and
economic benefits.
It will boost log
cal shops and
restaurants and museums.
This hotel in particular will
not have an on-site bar or
restaurant.
I see tremendous opportunity for
local growth that this project
will replace the 25,000 square
foot office building. It fills
the need for quality mid-scale
hotel that costs less than the
local luxury options.
This hotel will be affordable
and community based.
The architecture of this project
will match the existing theme of
sawmill and in turn make it a
great companion hotel to the
area.
It will create jobs and revenue
by generating construction jobs
permanent hospitality work and
opportunity for local workforce.
As someone who lived in
albuquerque their entire life, I
understand the want and the need
for this project.
It's local, affordable,
job-generating and encourages
positive traffic to the sawmill
and old town area.
Thank you very much.
>> jazz
sper followed by shane.
>> good evening.
I'm the owner of noisy water
winery and plaza don luis.
I support the sawmill project.
I see how tourism vanth
strengthens
local businesses.
For museums, wineries, shops and
attractions in the area.
I like this hotel is designed to
compliment the neighborhood.
Without the restaurant and bar
guests will explore old town and
sawmill supporting the
businesses that already invested
in the community, it generates
jobs and help albuquerque
continue to grow as a
destination.
I believe this is a thoughtful
redevelopment that will benefit
the surrounding neighborhood and
local economy.
I respectfully ask for your
support.
Thank you.
>> shane followed by douglas.
>> I'm the owner of rent macy
electric out of gallup, new
mexico.
We've had contract work in
albuquerque, which has required
us to house our employees.
And we usually have a hotel
about seven to ten rooms per
week.
Over the last several years.
I believe this hotel it will be
a tremendous benefit to have a
dual ground hotel built in the
sawmill district.
Not only for employees like mine
to stay but also for the
business travellers, leisure
travellers, they'll be able to
enjoy historic downtown and
newer restaurants and breweries
and entertainment.
All of this is within walking
distance of where this hotel is
going to be.
It would be great for the owners
of the businesses in that area
also.
I also have the opportunity to
work with sun capital hotels and
like the employees have said, he
also treats the people that he
works with the same way.
Please support this irb.
Thank you.
>> douglas, followed by ray.
>> good evening, everyone.
My name is dugerous
ouglas.
I live in phoenix, arizona.
I do almost all of my work in
albuquerque.
I'm also a diamond member at
hilton.
And I stay at hilton products.
This would be great for me and
my business.
I do most of my meetings, as I
do not have a full-time office,
at local establishments,
restaurants, starbucks.
Any coffee shop.
This will be a great avenue to
stay and walk.
I'm usually there for about five
days per week.
Two or three times a month.
Thank you for your time.
>> ray followed by diana.
>> good afternoon, or good
evening.
Thank you for this opportunity.
I've been a citizen of
albuquerque for 30 years.
I want to give you a background
to give you context on my
comments.
I served as risk manager and
insurance broker for over 48
years.
I walked thousands of properties
and looked at many projects with
an eye toward risk management,
staft safety, commitment of the
developer.
I've also been working with sun
capital and the leadership team
for the last 15 years.
I've been privileged to watch
this leadership team work so
hard.
I worked and walked all of the
properties owned by sun capital
in the state of new mexico and
tell you without exception they
meet and exceed the standards
for life safety, public safety,
and fire prevention.
They work hard.
I've watched them and witnessed
them invest millions of dollars
into their property to ensure
that the property continues not
only to be safe, but to be
aesthetically correct for the
areas.
Proof of that concept is what
they've done in the I-25
corridor as well as uptown.
I am in support of this project.
I am confident that sun capital
will deliver on their promise to
give you a quality product
that's safe for the public and
benefits the economy.
thank you for your time today.
>> diana followed by johnny.
Diana, you'll have to accept
promotion to panelist.
>> can you hear me?
>> we can hear you.
Thank you.
>> hello, I am joining you from
las cruces.
I am an employee of sun capital
hotels as general manager at the
holiday inn express north.
I have witnessed the growth of
the company and excited with all
the projects that are in the
pipeline.
In my journey with sun capital
hotels they have given me the
opportunity to focus on my
leadership growth.
I have been a mentor for the
company's future leaders in a
program that they developed to
invest and promote within.
In addition, I've also been
approached by the city of las
cruces to be part of the
lodger's tax committee.
I am the chair of the leadership
program with the greater chamber
to develop skills and educate
participants on all the local
dynamics in las cruces.
With the support of sun capital
hotels, there are numerous
volunteer hours company-wide in
our local community.
At food banks and support local
events.
With every new hotel
development, our company just
doesn't grow, it impacts local
economies.
Thank you.
>> johnny followed by steve.
>> MADAM PRESIDENT, councilors,
I'm an old town business owner
and property owner.
Of old town shopping plaza.
Old town needs more visitors
that are spending more money.
We do not need an existing
office space that MAY be vacant.
Most of the time.
I believe approving this irb is
an investment in our community
and the future that will pay
dividends in the community and
benefit old town businesses and
residents for many years in the
future.
If you don't invest in old town
and our community, we'll not
grow.
You talked earlier about
increasing gross receipts to
support our city budget,
approving this irb generates
more revenue for old town and
more gross receipts.
It generates more jobs for our
city.
I hope you'll vote yes on this
irb.
Thank you.
>> steve chavez, followed by
adam
adam.
>> good evening, MADAM
PRESIDENT, members of the city
council.
I'm with s3 development.
I apologize for thought being
there in person this evening.
I'm out traveling today.
I am in support of the irb's for
the hotel proposed in the
sawmill district.
I feel in today's world of
trying to find an afford able
able --
it's important to work together
to support this type of
development.
Depesh and his team do quality
work.
I'll vouch for his group as
professional operators and
developers.
How can we give irb's to one
large developer in the area and
not to a developer who will
provide the affordability we
need?
Sometimes competition is good.
And I support him and what he's
doing in that district.
Thank you.
>> adam.
>> yes, hi.
MADAM PRESIDENT, council
members.
I'm also a downtowner.
Echoing a lot of comments we
heard tonight, I'm sorry I had
to leave tonight, I have
something early in the morning.
Diversity of lodging, increasing
gross receipts tax.
All those things happen when we
have new development.
Especially with lodging
development because those are
people from out of town that
come and want to spend their
money in our community.
I think we all have a reason to
vote for this financial
instrument because of those
things.
I like to urge you that this is
something that will be good for
our community.
This will be good for the rail
trail that we allotted money
for.
I would really like to see some
mountain finished this hotel and
get rid of an office building
that is out of date and
shouldn't have place in the
sawmill.
Thank you and I appreciate all
of your service to the
community.
>> thank you, MADAM Chair.
That takes care of zoom.
Pauline, would you like to
speak?
>>coun. Pe}a: pauline chavez.
here she comes.
>> good evening, MADAM
PRESIDENT, councilors.
I spoke at the last council
meeting.
I am a member of the community
land trust.
I was born and raised in the
neighborhood.
At the last meeting, after the
hearing the testimony, you asked
the developers to reach out to
the community.
I have not heard from the
community, neekt
ither have my
neighbors.
It's my understanding that they
contacted our executive director
orlando and that meeting was
with him and one other person.
I don't know who their
communication person is, but
they did not do an outreach to
our neighborhood.
It's my understanding that
councilor baca had a couple
amendments that require
conditions for approval of the
irb.
They're very important concerns.
They deal with traffic and
height.
While we still feel this project
does not deserve taxpayer's
subsidies, we know there are
some councilors who believe it
does.
I hope that --
>>coun. Pe}a: thank you.
>> MADAM PRESIDENT, that
concludes list of sign-ups for
this matter.
>>coun. Pe}a: councilor baca,
o-38.
>>coun. Baca: thank you, MADAM
PRESIDENT.
There's obviously clear support
for this project within the
community, simultaneously,
there's not support for this
project.
I think if this the journal
area, we did approval and didn't
talk about that.
Downtown and old town and
sawmill are different.
They do require a little bit
more, a little bit more time for
everybody to sit down and go
through it.
I think we heard that the design
team met with the land trust but
not the developer.
I think the land trust really
wanted to meet with the
developer directly.
I think that's important.
Also, there was mention of a
couple amendments I was going to
introduce.
I'm not going to introduce those
because our counsel advised me
against that.
That changes things a little
bit.
I think that's important.
I did meet with both groups to
see where they where and what
happened.
There's still a lot of confusion
there.
With that, I would like to move
deferral for times like the
groups and developers to meet.
I don't know if our counsel will
allow me to do that?
I'd like to move deferral to the
17th.
Am I able to sit with them?
>> counsel PRESIDENT, councilor
baca, yes.
>>coun. Baca: okay.
I think we can hopefully hash
out something there.
At least there won't be any
discussion of he said, she said,
or we haven't heard.
I know everybody does a good
faith effort to try and reach
out.
That doesn't mean everybody
hears.
We can always do better with
that.
>>coun. Pe}a: there's a motion,
and a second by vice PRESIDENT
Champine for a deferral to
AUGUST 17th.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: no.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: no.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes on a 7-2 vote.
>>coun. Pe}a: thank you.
We're now on to item 11, which
is appeals.
There are none.
Item 12, general public comment.
Members of the public can
provide live public comment to
the council in person or
virtually if they signed up for
public comment per the
instructions published on the
agenda and our website friday.
Here are the public comment
ground rules, if you can exit
quietly.
Thank you so much.
Excuse me.
Each participant has one minute
to present.
Comments are also to be
addressed to the councilors only
through the council PRESIDENT.
Any disruptive conduct will
result in removal from the
meeting.
There's a one-minute time limit
and the bill will ring to
indicate your time is up.
MR. Cornelius, please call the
name of the first speaker.
>> thank you, MADAM PRESIDENT.
Our first speaker is jackson
followed by matthew.
>> MADAM PRESIDENT, MR. Vice
PRESIDENT Champine, members of
the council, I am a senior at
eldorado high school.
I'm here to share how -- tobacco
products are still used at
school companies every day.
Especially in restrooms.
More specifically they're used
in the handicap stalls.
At times I had to leave my
campus and push my wheelchair
over a mile to use the restroom.
If you wish
one reason that many students
are vaping is because of
flavors.
Accord to the 2025 national
youth tobacco survey, 1 hoit 45
mill wherein youth in the united
states currently vape.
And 91% use flavored product.
We need to continue to prevent
nicotine addiction.
I hope you support efforts that
keep youth safe and create
healthier communities for
everyone.
I'm happy to talk to anyone
about this at the end of the
meeting.
Thank you for your time and
consideration.
>> matthew followed by lex.
>> good evening, MADAM
PRESIDENT, MR. Vice PRESIDENT
Champine, members of the
council.
I am a sophomore at eldorado.
I've been with the involvement
program.
I have seen how vaping affects
students and communities.
One way we can help prevent
youth nicotine addiction is
restrictioning flavored vapes.
While current laws mean the
policies must be passed at the
state or federal level, support
from local leaders like you can
build momentum for municipal
change.
We hope you will consider
supporting everts to protect new
mexico's youth from nicotine
addiction.
Thank you for your time and
consideration.
>> lex followed by brick.
>> overhead, please.
?
>> MR. Greigo contacted police
and advised he was pepper
sprayed by the female and had
his phone stolen.
>> I'm talking to them.
Did I say anything to them?
>> I'm not recording them.
I was recording that kid.
I am recording you by the say,
sir.
[Distorted audio].
>> some guy hit his phone out of
his hand.
I went to pick it up and the --
tackled me.
He didn't do nothing.
He's your favorite content
creator or whatever.
He said -- you ought to go see
it.
Also, we don't have his phone.
And picked it up after they
tackled me.
Nobody has your fuckin phone,
punk ass bitch.
>> brick followed by francesco.
>> just to be clear, I want to
make sure the narrative is
clear.
Because the narrative that was
attempted to be painted by the
video the police released in my
opinion is not the actual thing
that happened.
But when it comes to a person's
life, I believe this young man
personally was defending
himself.
He was attacked multiple times
while he was downtown.
He was a tiktoker.
I want to make sure to include
in this you can see his types of
interactions after harris shot
him.
This is the real --
[Inaudible].
[Beeping and inaudible audio].
>>coun. Pe}a: thank you.
Your time is up.
>> just to be clear, he defended
himself.
>> francesco followed by tad.
>> I propose an additional
options for some of our unhoused
neighbors who have lost their
way.
Picture public laneeraries and
transit system being used as
homeless shelters but without
all the bells and whys
istles.
Convert an empty storefront in
each quadrant.
And new public restroom for
people that need them the most.
Maybe if acs likes the idea,
make each one into a substation.
The city has arrested more
homeless in the last year than
the last eight years combined,
which is the most inhumane and
expensive option.
Making unhoused approximately
half of our current prison
population.
Compass is short of compassion.
Thank you.
>> tad followed by joseph.
>> could you give me overhead?
Thank you.
Excuse me.
I believe I won't have time to
get through this issue tonight.
So, anyway, apd cops isn't
writing tickets.
i'm speaking about public
safety.
Now, what they doing?
They operating from the inside
through the cameras.
Private contractors and what
kind of job they do?
They finally went after me.
And we will go through the
court.
I'll get these bastards because
that's the way this was written,
this citation to me, that also
against constitutional and also
against apd policy.
Thank you.
>> joseph followed by denise.
Denise followed by justin.
Justin followed by janet.
>> I'll be using the overhead.
Also, I have handouts for each
councilor.
Including one for councilor
lewis.
Good evening.
Thank you, MADAM PRESIDENT,
members of the council.
I'm here with report cards.
This a group project.
We tracked over 150 votes from
JANUARY through JUNE.
And picked 32 key voting items.
We asked people to read them and
say which are the most
important.
Then weighing them by
importance, we looked at all the
council votes to give you a
score.
No ai was used in this process.
This is just the voice of the
people and what we want to see
you all do.
There's six main categories of
priorities on the front side of
this.
From immigrant rights which is
8.2 down to taxes which is 2.2
and if you're curious where
these came from.
these are some of the 32 votes
we considered.
Not all.
The other side, flip the page,
is other grades.
This is for you to know that
people are watching and I just
want to say that, yeah, take
this into consideration.
And two councilors are getting
extra credit for putting in the
budgeting process.
The rest of you can get credit
for that.
>> janet followed by lisa.
Lisa followed by thomas.
>> welcome back, city
councilors.
And to the public, I'm lisa.
I live in albuquerque, district
three.
Founder of -- we've already been
through that.
We have a partnership with over
52 state groups and
organizations.
I'm here making public comment
as an individual with the
understanding I share similar
concerns with many in the
community.
I love that some of you care
about us, that doesn't mean we
always have to agree.
But I have to tell you I was so
invigorated and excited that we
have people advocating for us
with passion because it really
has felt like we have not had a
voice.
People who had money or
positions -- I'm just being
honest.
It felt like you guys don't care
and only a few of you care.
For a month, we have gone back
to community.
That's why you're seeing, we're
going to come to you all with
what we would like albuquerque
to look like.
We're asking you all to please
partner with us so we can have
an albuquerque that all of us
love and are proud of.
Right now, we don't feel like
you care.
>> thomas followed by grace.
>> so, last time I came and
spoke at city council, police
force was used to remove me from
the podium because I broke a
rule that I believe to be
constitutionally wrong, which is
that I cannot ask direct
questions of city councilors.
After police force was used
against me, I went to my
representative, councilor
rogers, and I asked would you
still be willing to hear
questions from me as you have in
the past here in city council.
Rogers said yes.
Here I am to do what I did last
time, which got me forcibly
removed.
Can I ask you a question,
councilor rogers?
>>coun. Pe}a: pass your comments
through the chair.
If councilor rogers would like
to have a direct question to
her, she can make a motion to
override the rules.
>> I'd like to ask the question
to councilor rogers who is here
in the room with us.
Yeah, I'd like to ask her
directly.
>>coun. Pe}a: you have to ask
your questions through the
chair.
>> I would like to ask my
question to my representative
who is expressed -- are you
willing to hear, councilor
rogers?
>>coun. Pe}a: thank you.
Your time is up.
>>coun. Rogers: MADAM PRESIDENT,
as long as he follows the rule
and asks the question of the
chair, I am willing to hear it.
We talked about that in our
meeting.
I still have to follow the rule
of the council and ask the
questions through the chair.
>>coun. Pe}a: if you make a
motion, procedurarily, that's
correct.
Is that correct?
>> MADAM Chair, if he speaks
through you and the councilor
wishes to answer the question,
that would be fine.
People have done that in the
past.
But they have to speak through
the chair.
>> I think it should be clear my
question is not for the chair.
My question is for my
representative whom I voted for.
>>coun. Pe}a: we understand what
you're trying to do.
There are procedural things we
have as a council.
I'm telling you if she wishes to
answer your question, she could.
The rule is she would have to
make a motion, but I guess we
have set precedence we have not
done that.
If she says you can ask her
direction questions and she
indicated you can, you can.
>> if I can ask a quick question
to you, councilor rogers?
>>coun. Bassan: MADAM PRESIDENT,
I believe that the speaker's
time is up.
>> okay.
Most of my time was spent
listening to them debate.
My comment was not her speaking
to me.
My comment is a question.
MAY I ask you a question,
rogers?
>>coun. Pe}a: your time is up.
I'm sorry.
>> councilor rogers, would you
mind making a motion to suspend
the rules to make a motion.
>>coun. Rogers: thank you, I'd
like you to ask the question
through the chair and I'm happy
to answer it for the council
rules.
As a member of this body, I
honor our rules which we talked
about when we met.
You can absolutely ask he any
questions but it must be through
the chair.
And I ask to be recognized.
That's the process.
And the chair can choose to
recognize me or not.
If I wish to push the issue, I
have to challenge the rule of
the chair and we would have to
take a vote.
To avoid all of that, all you
have to say is MADAM, chair ask
the question.
I ask her to answer, and I'm
sure she'll oblige.
And we'll move on.
>>coun. Pe}a: it's not
discussion.
It's public comment.
She does not have to answer your
question.
>> understood.
>>coun. Pe}a: and your time is
up.
I don't know, councilor rogers,
do you want to allow for more
time?
>>coun. Rogers: thank you, MADAM
PRESIDENT.
As long as we follow the rules
through the chair.
I'm happy to answer any
questions
questions directed.
>> on that note, madam
president, would you please ask
my representative, councilor
rogers, why it is that I have to
avoid my constitutional right to
ask questions of my
representatives here in this
city council chambers?
And I have to direct my
questions through you, why is it
when I fail to do so police
force is used to remove me from
the building and it is
dangerously used to prohibit my
free speech and my ability as
the journalist to ask questions
when you might not be able to
get away from them.
I understand you don't have a
blaikz to answer them, but it
would be nice to know why I was
removed forceally with police
force last time I was here and
why dan lewis is protected from
questions he doesn't want to
answer.
>> MADAM PRESIDENT, I would
advise he do not answer
questions that could be a matter
of litigation.
>>coun. Pe}a: councilor rogers.
>>coun. Rogers: thank you, MADAM
Chair.
Because this is wrapped up in
active legal matters.
I would have to defer to my
legal counsel's advice.
>> disappointing.
Thank you.
>>coun. Pe}a: thank you.
>> grace, followed by jonah.
>> MADAM PRESIDENT, welcome back
from your taxpayer funded
seven-week vacation.
I hope you enjoy it because we
did not.
We suffered in the heat and
suffered in the jail for the
crime of sitting down on the
sidewalk.
Our every move was tracked by
flock cameras that are being
used by ice to snatch the
constituents from the streets.
Yet silence from this dais.
You have an opportunity, MADAM
PRESIDENT, now that we're back
from your break, you can correct
the course like you did earlier
tonight.
You can vote to stop the sweeps,
take down flock cameras to give
us a lifeline.
To stop treating us at the
working class people are second
class citizens.
We're tired of sitting down and
being employed while you and the
billionaires extract from us.
You can make an easy buck off
of.
When we stand up you sick the
police force on us.
You have to vote like it if you
want to help us.
>>coun. Pe}a: thank you.
>> jonah followed by erica.
>> MADAM PRESIDENT, city
councilors, I live in district
seven and attend unm.
My studies and conversations
with my community have taught me
about a couple concerning themes
in today's agenda.
O-38 is a potential tool for
restitution and systemic reform
over housing market to a large
corporation
corporation.
Community land trust with proper
developers are models for good.
O-35, minimum wage increases is
not matching up with inflation.
Lack of creative problem
solving.
We're all scared about
increasing rates, leze -- please
don't make it worse.
-- we know the historical
implications that normally
carries.
prop two seem to me theatrics.
I believe we are capable of more
progressive policies to help us
tackle this brutal affordability
crisis.
Stop the sweeps of the transient
neighbors.
Thanks to councilor fiebelkorn
and councilor rogers.
I see improvements every day.
>> erica followed by mervin.
>> good evening, MADAM
PRESIDENT, councilors.
I am owner operator of carver
family farm, new mexico's first
licensed vertically integrated
cannabis business.
It's located in district four
and I live in district seven.
I'm speaking to please ask you
to vote no on o-26-39.
It works against small
businesses and accessibility to
real estate options and against
medical patience having access
to cannabis medicines.
I understand we have many
dispensaries in albuquerque but
I don't see how disallowing new
cannabis businesses to open in
previously allowed areas is fair
when there are no other
businesses singled out in this
manner.
Without actually data to the
contrary, this is based on moral
prejudice.
There's no data that indicates
having a cannabis retail and
nicotine retail has a negative
outcome to the fostering
community to live, work, learn,
shop and play together.
Thank you.
>> mervin followed by antoina.
>> good evening, MADAM
PRESIDENT, councilors.
I want to talk about something
that I really feel is missing
from the course of any
discussions that I've ever heard
since I've been here in
albuquerque for the past six
years.
That is, the creation of the
memorandum of understanding with
the navajo nation regarding the
injuries, deaths, and the
killings of native americans,
particularly with my tribe the
navajo nation.
I would encourage this council
and even the mayor to begin to
look into dialogue with the
navajo nation.
There are concerns that I have.
12 years ago, two navajos were
killed here.
There was an mou established
with the navajo nation.
On MAY 30th of last year, 2025,
I was ran down and pinned under
and injured quite severely.
Requiring surgery on my knee and
on my meta tarsal.
The employee with the solid
waste management was using a
city of albuquerque vehicle.
This has to end.
Mou with the navajo nation would
spell this out in detail.
I urge you to reach out to the
navajo nation.
>> antonia followed by marslen.
Marslen followed by bryant.
>> 98, 98, 97, that is the
predicted high temp for the next
week here in albuquerque.
A drastic increase in hate
advisory warnings, yet does the
city have designated cooling
stations?
No.
Do we have shade at every one of
the bus stops that many have to
endure waiting for a long time
for their bus?
No.
Where are people to go?
prison?
To the prison shelter in the
desert?
The shelter with single digit
case workers the shelter where
being difficult can land you a
permanent ban.
It seems as though the city is
giving folks three options.
Jail, jail wearing the mask of a
shelter, or death.
The temperature will continue to
rise and we'll continue to harm
and kill people in our city.
I suggest councilors and the
public alike get familiar with
the urban heat island effect.
And we do something about this.
We can do hard things.
We can take care of each other.
We can do these thicks
ngs.
It's something that's really
important.
We can't just put it to the
side.
>> bryant followed by mark on
zoom.
>> MADAM PRESIDENT, I was here a
year ago to the month last year.
You guys gave me a proclamation
making human kind day.
I'm here a year later.
I did my part.
I have a cultural celebration
weekend coming up AUGUST 14th.
I invited all of you guys and
some of the community to a black
tie gala.
We'll break bread.
You have the opportunity to see
what your constituents -- not as
politicians but as people so
they can get to know you.
Where they actually know you as
people with families.
Ia -- you can break bread
without there being reelection
cycle or anything like that.
You show up because you want to.
i emailed you guys.
I gave you guys also an
invitation.
If you need them.
Again, I'll send them to you.
One of the events is AUGUST 14th
is the human kind gala.
AUGUST 15th winrock park from
1:00 P.M. To 6:00 P.M. We have
a cultural celebration.
AUGUST 16th I've got an art
battle.
We're doing the art battle.
12 artists.
Three 20-minute rounds.
We auctioned off all the art.
One of the events is councilor
baca's area.
I'm going to have security
coming through the area.
>>coun. Pe}a: your time is up.
Sir, your time is up.
>> I hope to see you guys there.
>> mark followed by benjamin.
>> good evening, MADAM
PRESIDENT, members of the
council.
71 years ago I became a resident
of albuquerque.
I've been with the senior
affairs advisory council.
I've learned about the work of
the department and dedicated
staff that care for our growing
senior population.
I'm also an active voice for the
council and department works
that demand programs and
services that keep our adults
healthy and independent and
connected.
This includes providing feedback
during the evaluation.
Including the recent breakfast
alignment at the senior and
multigeneration centers.
I can tell you the department is
very transparent and the
evaluation included public
meetings.
based on the feedback from
public and council member I
provided direct input to the
support and alignment program
sustainable.
Which included the recently
revised menu that was posted on
friday.
Further, I want to make sure the
department does an incredible
amount of work as lifeline for
seniors and those who need
access to family support and
transportation and other
services.
I'll skip to the bottom.
The department realignment that
optional for 20 years and done
for the betterment of resources
and keeps the program going.
A real need of growth should be
focused on other services many
do not see.
Thank you for your time and
hearing my perspective on the
support of the senior advisory
committee.
>> benjamin followed by joe.
>> good evening, MADAM
PRESIDENT, councilors.
Tonight I'd like to ask you to
please stop the mass
surveillance in our city through
drones and flock cameras.
It is my belief that this is
unwarranted surveillance.
Normally, police require a
warrant to spy on you, but not
with flock cameras.
Information is shared without
any such warrant.
Some of the reasons you should
not use flock, they have poor
security.
They share video with any law
enforcement organization
throughout the country
regardless of your privacy
settings.
They have over-confident ai that
flags incident people as
dangerous persons of interest.
They're extremely expensive.
It's another company that likes
to move fast and break things.
I don't know if we want to trust
that with our data.
They say they're all about
safety, but who are they keeping
us safe from?
It's a question about a tradeoff
between safety and freedom.
Please take down the flock
cameras.
>> joe.
>> good evening, MADAM
PRESIDENT, good evening,
councilors.
I had a chance over the summer
break to rewatch all of the
council meetings from this year.
Which admittedly at moments had
me questioning my life choices.
I wanted to offer a quick
observation and recommendation
on a few things.
The first item is in regards to
agendas.
Specifically just not packing
them.
That's something I think this
council leadership should
consider.
We have 1:00 A.M. Meetings.
I noticed a few people nodding
off.
It does make hard to do the
people's business.
And it gets a bit confusing at
12 in the morning.
Keeping the agenda is lighter is
a good idea.
I moats
noticed unequal public
comment.
Some folks goover by 15 seconds
and some by a minute or two
minutes.
I think it can be solvable.
In terms of access, althea
mentioned it at the last
meeting, but things like food
and childcare access and not
going overtime is a good
practice to make the council
more accessible to regular
folks.
That's something this council
could easily do and make some
steps towards.
Thank you for your time.
>> thank you, MADAM PRESIDENT,
that concludes general public
comment.
>>coun. Pe}a: thank you, MR.
Cornelius.
Councilor telles is having point
of personal privilege.
>>coun. Telles: I just wanted to
make a quick clarification to
some folks regarding the flock
safety.
I have been looking into this
issue.
I want to let you all know that
we have not, at this point,
found any direct contact or
purchase orders with flock
safety.
My understanding that apd
currently utilizes vigilant
solutions for the automatic
license plate readers.
And we are definitely doing our
vigilance and due diligence to
understand how data is stored --
what data restrictions are in
place and what that sort of
looks like.
Just so the public is aware of
what that kind of looks like, we
don't at this point that I know
of have any contracts with flock
safety.
Thank you, MADAM PRESIDENT.
>>coun. Pe}a: vice PRESIDENT
Champine.
>>coun. Champine: I believe cao
sengel would like to speak on
that.
>> MADAM PRESIDENT, councilor
champine, councilor telles, city
of albuquerque does not have any
flock cameras or flock
contracts.
>>coun. Pe}a: thank you, MADAM
Cao.
We're now on approvals.
Ec-195 authorization for social
service agreement with new
mexico veterans integration
centers utilizing opioid
settlement fund appropriations
as outlined in city council
resolution 125-28.
We have a few of those contracts
coming up.
I move approval.
There's a second by committee of
the whole chair grout.
She has a couple questions.
If we can have the staff come
up.
>>coun. Grout: thank you, MADAM
PRESIDENT.
Thank you for being here,
director.
I am pleased to see this
contract, but my question is,
can you tell us what the
veterans integration center -- I
know it's for services for $1.5
million.
Endorphin power company is
getting 6.9-plus million.
What are we getting for that?
>> MADAM PRESIDENT, councilor
grout, for endorphin power
company -- it's construction.
They're going to be doing work
on their campus.
We'll be able to expand their
capacity to provide services on
their campus.
>>coun. Grout: okay.
Expand their campus.
Would you tell me where the
campus is?
>> it's on zuni near the cares
campus.
>>coun. Grout: that's what I
thought.
MADAM PRESIDENT, is it housing
or is it workshop?
What is it?
>> MADAM PRESIDENT, councilor
grout, endorphin power company
are renovating one of the
existing -- the original
buildings.
They're going to build
additional case management
spaces and provide additional
education and group spaces.
That's in a nutshell.
That seems like not much for $7
million.
>>coun. Grout: when are they
going to start this?
>> MADAM PRESIDENT, councilor
grout, the contract negotiations
with endorphin power company and
serenity mesa are still ongoing.
These are more complicated
contracts due to intricacies
with the anti-donation.
But they both are ready to start
within the time frames laid out
in the strategic plan.
>>coun. Grout: thank you.
MADAM PRESIDENT, question for
serenity mesa, I love this
program.
So much.
I love everything that they do
there.
I support them 100%.
What are we getting for $1.5
million?
>> MADAM PRESIDENT, councilor
grout, they're expanding
their -- not their actual site,
but they're renovating and up
grading the housing piece that's
off
offsite.
>>coun. Grout: it's like
transitional housing?
>> yes.
>>coun. Grout: very good.
and are they ready to go?
>> MADAM PRESIDENT, councilor
grout, the same answer as the
power company.
Yes, they're be ready.
>>coun. Grout: thank you.
>>coun. Pe}a: thank you.
Any additional questions?
Councilor rogers.
And we have one person signed up
to speak.
>>coun. Rogers: thank you.
This is part of the rfp for the
opioid settlement dollars,
correct?
>> MADAM PRESIDENT, councilor
grout, this is part of the grant
process as part of the opioid
dollars.
>>coun. Rogers: thank you so
much.
MADAM PRESIDENT, one of the
things is the chair of the lgcc
hadn't help
that helped put this together is
we wanted to prioritize those
who weren't already getting
funding.
I saw from the rfp we gave extra
points to folks who already had
city contracts.
Can you tell me why we went
against what we were intending?
Not that these programs aren't
worthy.
We really talk about the same
old people getting the funding
over and over and over and over
again.
And not opening it up to new
providers.
We talked about that a lot.
When I read that in the rfp, I
was a little taken aback.
Can you tell me about why we did
that?
>> MADAM PRESIDENT, councilor
rogers, that is a really good
question.
I'd like to do research and have
an answer question and give that
to you tomorrow.
I know our capacity building we
did prioritize agencies who have
had not historically had
contracts.
I need -- I want to make sure I
answer your question correctly.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
I would appreciate that.
I think endorphin power company
is a newer provider with the
city.
They've been doing work with the
county.
I see that with endorphin power
companies.
I'm disappointed to see they're
not going to expand housing.
They do a really great job about
housing with substance abuse not
just building rooms.
I would hope they would be
expanding that.
I would love -- I read through
the contract and everything, but
I think that was my biggest
question is not expanding
housing to that big amount of
dollars.
Just would love some more
information about that for this
amount of funding.
That we're not expanding
housing.
Transitional housing with
substance abuse care.
Which they're great at.
I would like to see them do
more.
>>coun. Pe}a: vice PRESIDENT
Champine.
>>coun. Champine: a good segue
from that into my only really
question.
I just wanted to understand a
little better, how is the amount
awarded determined?
I say this because each one seem
to be -- the two seem to be low,
but there's lot -- yeah.
Double than what the other two
are, combined.
>> MADAM PRESIDENT, councilor
champine, they were awarded
based on some of the parameters
that we put in rfp.
One of the parameters we placed
in the rfp was project could not
exceed $7.5 million, which was
part of the lgc and city council
approved strategic plan.
Also we capped the services at
15%.
We interrupted the 15% of the
operating to also improve
services.
That's why you see new mexico
vic at $1.5 million.
That's 15%.
And also based on what they
actually ask for.
We prioritize in accordance to
the score and based on what the
agencies asked for in the
proposals.
>>coun. Champine: thank you,
MADAM PRESIDENT.
>>coun. Pe}a: thank you.
Any other questions?
We'll go to our public
commenter.
>> thank you, MADAM PRESIDENT.
Lisa to speak.
>> hello.
I was unpapered because I was
distracted.
I'm sorry.
Thank you to everyone who has
been working on our very nuanced
layered onion project.
We have a proposal, if you're
interested in the next remainder
of the year, some of the very
difficult ideas.
Sidewalk ordinance and
moratorium on sweeps, the need
for tents.
We in our group have started
talking about the pros and cons.
It's not always clear-cut and
dry.
Because there's always good and
bad.
We seem to be getting into
division and these conflicts and
arguing and fighting as
community and friends and
families.
Maybe what if we -- I really
appreciate the deferment.
What if we had more time?
Because from the time it's on
the committee stuff and by the
time it gets on the agenda, how
have we as the community had
opportunity to talk about some
of these things so we're here
fighting over it or sitting next
to people we really might be in
agreement if we had more
information.
How could we develop something
in between before it gets to
here and let some of us help
communicate?
>>coun. Pe}a: thank you.
Final speaker?
>> yes, MADAM PRESIDENT.
>>coun. Pe}a: seeing no other
discussion.
I would urge your support for
r-25-128.
[Roll call].
-- I believe we were on ec-195.
Prac roll call].
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
Just so the public knows,
--
ec-196 approval requested to
increase funding for fy27
substance abuse treatment
voucher contract with
albuquerque behavioral health.
I move approval.
There's a motion and a second by
committee of the whole chair
grout.
We started with comments first.
We can start there again.
Vice PRESIDENT Champine.
>>coun. Champine: thank you,
MADAM PRESIDENT.
I don't know who to direct this
to.
It has to do with 96-97.
It will be the same question.
Reading through this, I just
jotted down a few things.
My first question is the
contract date.
It seems to start JULY 1st at
100,000 and why now are we
asking for triple the amount?
>> we go based on historical
contracts with engendered and
albuquerque behavioral health.
They will exceed $100,000 before
mid-year.
We are based on clients we see,
we know this is how much they'll
need for the whole year.
>>coun. Champine: MADAM
PRESIDENT, if we knew that going
in, why not ask for the $300,000
before JULY 1st when the
contract started?
>> MADAM PRESIDENT, councilor
champine, that's to ensure
continuity of care.
Whenever we're executing
contracts, it was to give them
$100,000 to start and have
enough time for them to continue
operating or providing services
from JUNE 30th.
They have existing clients.
After the budget is approved for
fy27.
We're in a bit of a tight
window.
>>coun. Champine: okay.
Seeing there's these three, how
many substance abuse treatment
contracts are out there right
now.
These are three we're talking
about.
How many more are there?
>> MADAM PRESIDENT, councilor
champine, specific to providing
addiction treatment and healing,
which is engenered and
albuquerque behavioral health,
we have five contractors this
year.
Several of them are smaller
providers.
And provide less than $100,000
worth of services.
We're monitoring that closely.
If we see one needs additional
dollars, we'll bring that
contract forward as well.
We have other substance
addiction providers but in this
program there's five.
>>coun. Champine: MADAM
PRESIDENT, again, I get what
you're saying.
I'm having a hard time
swallowing the fact that we know
what they usually spend and we
know they go over $100,000 but
we're going to ask and come back
for more.
Do you understand my point?
If we know they're going to go
over, then give us a good
picture going forward with it.
Maybe that's just me not
understanding it properly.
>> MADAM PRESIDENT, councilor
champine, I understand what
you're saying.
We'll see if next year we're
able to put forward a contract
after the budget's approved.
because it meets a certain
threshold and have it in place
prior to JULY 1.
>>coun. Champine: thank you.
>> it's a bit of a timing issue.
>>coun. Champine: thank you.
>>coun. Pe}a: thank you.
Councilor grout.
>>coun. Grout: thank you, MADAM
PRESIDENT.
I have a question about -- this
contract requires the provider
to participate in the
implementation of the cap
voucher database.
And it's our understanding that
it's not ready yet.
It's going to take longer for
you guys to get that negotiated.
Can you tell us --
>> we had to go back and forth
with that contract.
I talked to our division manager
today.
I think it needs one final
review and it will move to
execution.
We expect the contract will move
to execution with the database
provider.
We expect they're going to take
this first part of this fiscal
year to build it out and by
JANUARY we should have it
operational.
>>coun. Grout: very good.
Thank you.
>>coun. Pe}a: councilor rogers.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
I appreciate this contract has
some very specific things for
process descriptions and data
that we're getting from the
providers.
I thank you, councilor grout,
for bringing up the database.
We're waiting for outcomes on
there.
I want to make sure these
contracts -- also with the
opioid settlement dashboard.
One thing I found interesting
was the qualification.
This is for the past substance
abuse treatment provider
network.
For exhibit a, it says
identification of clients who
are eligible for treatment
subsidies is part of the
standard process of agencies.
Eligibility is defined as
clients who meet all established
criteria.
And there's six of them.
One, they need substance use
treatment defined as having a
substance within the last two
year, which I'm grateful for.
We have some folks who I was
trying to get help this weekend
through acs but wanted to go to
mac but haven't used in two
weeks.
The gentleman said I'm going to
go use.
I'm going to go real quick to
central and use real quick so
they'll take me.
Which is a disastrous outcome.
We need to work on that.
We tried to get them on that and
they were turned away because
they haven't used within the
last two weeks.
I appreciate the city saying two
years because we know this is
getting someone out of substance
abuse is lot.
These are the ones I'm concerned
about.
Do not receive full medicaid
benefits.
So, is this provider able to
bill for medicaid?
So they will be -- if you have
medicaid we'll bill under this
and if they don't their only
billing the city of albuquerque
for those?
Because that was interesting to
read that.
>> MADAM PRESIDENT, councilor
rogers, yes.
In fact, our providers are
expected to bill medicaid.
Additionally, the reason we
utilize the term full medicaid
benefits because at one time
they had family plans and that
didn't cover any behavioral
health.
We wanted to make sure if you
had that type of medicaid which
didn't cover behavioral health
services you would still be
eligible for this program.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
The next one was have commercial
insurance that covers the cost
of behavioral health services to
the deductible greater than
$2500 or copay is $35 or more.
Talk to me about that.
>> MADAM PRESIDENT, councilor
rogers, what we're finding is
people in the very low income,
sometimes they MAY have
commercial insurance, but that
copay or deductive was too
challenging for them to meet and
still receive behavioral health.
We added that to make sure we're
covering the people who weren't
covered in areas for services.
>>coun. Rogers: wonderful.
Thank you.
Last question is just how do
these providers give us all of
this information.
One of the things they're
required to do is summarize the
client's pattern of drug and
alcohol use over time.
Including how and why the
problems began, describe any
triggers to use the client's
readiness for treatment and
describe the client's experience
and level of success.
Including when they were in
treatment and what type of
treatment.
Include information about why
the client began using
substances again.
There's a whole a through I.
How is the department going to
get that information and share
it so we can see it?
>> MADAM PRESIDENT, councilor
rogers, what you're reading from
is defining how expectations of
how they're conducting an
addition assessment.
Those are required components.
Due to higher standards for
confidentiality for substance
abuse treatment.
They're expected to maintain
that in the file.
We have consult
suality
sultants monitor.
To make sure they're having good
clinical standards.
Based on the assessment they're
required to do a treatment plant
and quarterly treatment plan
updates.
We don't actually receive this
information and we shouldn't.
But we do check to make sure
this information is maintained
in the file in accordance with
procedures.
>>coun. Rogers: in that unless,
do we ever take those nuggets
and help us design our programs?
>> MADAM PRESIDENT, councilor
rogers, I'm so glad you're
asking these questions.
In addition, there's some
additionalal information that we
do ask them to collect.
They're called outcomes reports.
It's used for two decades.
They're expected to show there's
some type of progress.
And sometimes in our clients we
see have they established with a
primary care doctor.
That is a positive outcome.
Those are the outcomes we looked
at over time.
And they also maintain that in
they're file.
>>coun. Rogers: those are what
we should see on the dashboard?
>> those are the outcomes we
want to see that we hope to have
operational.
That we'll have operational in
this fiscal year.
>>coun. Rogers: thank you.
We need to have it ready and
ready to go.
I know our teams are working
hard on that.
Thank you, MADAM PRESIDENT.
>>coun. Pe}a: thank you.
Seeing no other questions, our
public commenter took her name
off.
With that, I urge your support
on ec-196.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
We're now on ec-197 under
approvals.
I move approval of the requested
increase funding for the fy27
substance abuse treatment
contract with engender
incorporated.
I move approval.
There's a motion, and a second
by vice PRESIDENT Champine.
we'll start with comments from
the councilors.
I see none.
We have anyone signed up to
speak.
There is no one signed up to
speak.
I urge your support on this.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
We're now on item 14.
Final actions.
Councilor grout and councilor
fiebelkorn.
O-32.
>>coun. Grout: thank you, MADAM
PRESIDENT.
Amending the secondhand
catalytic converter purchase
ordinance and renaming it the
sale of recycled materials
ordinance and expanding the
scope to cover copper or brass
materials and updating reporting
and record keeping requirements
andmanidating the form of tender
for transactions for this
ordinance.
I move do pass.
>>coun. Fiebelkorn: second.
Sdmrp
.
>>coun. Pe}a: there's a motion,
and a second by councilor
fiebelkorn.
I'm going to go to public
comment.
There's none.
Thank you.
Any questions from councilors?
open from councilor grout.
Or councilor fiebelkorn.
>>coun. Grout: thank you.
I want to thank councilor
fiebelkorn for co-sponsoring
this with me.
Four years ago, we brought the
secondhand catalytic converter
ordinance to the public.
And we have seen a dramatic
change -- drop in theft.
And I have been -- I can
honestly say I believe this has
helped.
We also had our partners at the
county, they also passed that
ordinance.
I think that also helped.
And we went to the state.
And did the same thing.
I think when you work together
it can do great things.
We continue to have problems
with copper theft.
Last year, it's been over a
year, since the copper has been
stripped out of the lights on
east central.
They dramatically changed -- it
has been so dark up there.
Pnm had to totally go through
different measures to bring it
back.
And we're slowly getting it
back.
This can all be avoided if we
make it a little more tough on
the people that are selling it.
Not the retailers that are
buying it.
That's not my intent.
But to make it a little harder
for the people that should not
be selling it.
I'm going to have -- we do have
amendments.
I will tell you that we worked
with the community -- the
recyclers in the community.
It was great.
we brought apd together with us.
Our council staff together.
And so that collaboration, I
really think we have come up
with a good document.
We have several amendments.
Again we want to make sure it's
tough on the people that
shouldn't be selling it, and
okay for the people that are
selling it.
I think a lot of these
amendments will be good for
that.
I would like to ask victor, our
council counsel to go over what
this bill does.
>> MADAM PRESIDENT, councilors,
this bill does four principle
things.
First of all, it amends the
secondhand catalytic converter
purchase ordinance to cover
copper and brass material.
We to do this because there's
changes to state law that allow
for record keeping and reporting
requirements to include copper.
Second, like I alluded, this
updates the record and record
keeping requirements for those
types of purchases.
This allows for the record
keeping and reporting of
catalytic converters.
And record keeping of copper and
brass material.
Current state law does not
require secondhand them to
report copper and brass
materials.
This does not require reporting
for copper and brass it requires
record keeping.
Third, this ordinance
establishes a holding period for
both catalytic converters and
copper and brass material for
the investigation that needs to
be conducted for those materials
by apd or by an investigator as
authorized by the ordinance.
Last, this ordinance requires
that transactions in the current
form -- requires it's done with
check not cash.
That was a specific ask by the
partners at apd to help in
investigations to track the
purchases and the use of those
funds that are coming from
illicitly gained catalytic
converters or copper and brass
material.
>>coun. Grout: thank you.
At this time, MADAM PRESIDENT,
I'd like to offer some
amendments.
We'll start with floor amendment
a.
That will be our first one.
Again, going back, working with
the vendors, these were -- and
their lobbyists, they we work
together to come up with these
ideas to this.
I'm not going to read the whole
thing.
I'm going to read the
explanation.
This first amendment changes the
holding period for copper and
brass materials to seven days
for all sellers aside from a new
seller classification.
We have different
classifications here now.
Verified commercial sellers, and
they're verified commercial
sellers.
But there are a lot of vendors.
And plumbers, and construction
folks, that these recyclers see
all the time.
So they know them and they're
very familiar with them.
That's how this came about.
Due to the volume of copper and
brass materials sold by verified
commercial sellers, and
regularity of their sales to
secondhand material metal
dealers cannot physically keep
the volume of copper and brass
material for seven days.
Further, the purpose of this
ordinance is to frustrate sale
of illicit-sourced copper or
brass.
Verified brass sellers are not
the target of the evils sought
to be remedied by the ordinance.
As such a verified commercial
seller provides additional
information such as industrial
specific identification, copper
and brass materials sold by a
contractor MAY be sold or
disposed of in a shorter time
frame than other purchasers.
>>coun. Fiebelkorn: second.
>>coun. Pe}a: there's a motion,
and a second by councilor
fiebelkorn for floor amendment
abled a.
It will become floor amendment
number one.
Any discussion on the amendment?
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> passes on an 8-1 vote.
>>coun. Pe}a: we're now on floor
amendment labeled b in your
packet.
It will be floor amendment
number two.
Councilor grout.
>>coun. Grout: thank you, MADAM
PRESIDENT.
Floor amendment number two, this
is one is payment by check.
This was specifically asked by
apd.
Secondhand metal dealer or
dealers agent employee or
representative shall pay for all
purchases above $50 subject to
the ordinance only by check.
No person shall structure divide
or separate a transaction into
multiple purchases for the
purpose of evading this
requirement.
And multiple purchases from the
same seller occurring within the
same business day shall be
aggregated the purposes of
determining whether the $50
threshold has been met.
>>coun. Fiebelkorn: second.
>>coun. Pe}a: motion, and second
by councilor fiebelkorn, for
floor amendment number two.
Any discussion?
Councilor lewis.
>>coun. Lewis: MADAM PRESIDENT,
thank you.
Is there someone from apd that
might be able to address some
questions regarding this?
>>coun. Pe}a: they're working
their way to the podium.
>> MADAM PRESIDENT, commander
sanchez is here.
>>coun. Lewis: MADAM PRESIDENT,
thank you.
How many -- what we call
vendors, how many secondhand
vendors in the city of
albuquerque?
>> currently, we have five or
six in the city.
The rest is in the county of
bernalillo.
>>coun. Lewis: five or six.
They already go through a
pretty -- they're required under
state laws to go through
extensive -- they have to
understand and know who their
purchasing from.
I guess, tell me about the
cases, or how many cases you
have where you discovered the
purchase of stolen property by
the vendors?
>> MADAM PRESIDENT, councilor
lewis, as far as specific cases
within the last year, and going
back into 2025, a large number
that we received is a lot of the
cell phone towers that have been
hit, which have taken a lot of
the copper.
We've also had some memorials
that have been taken.
Yes, the state does have some
stringent enforcement policies
in place, however, the way this
amendment makes it is to give
law enforcement some better
tracking purposes as far as
looking back to see who sold it
to make sure that they're not
using fictitious drivers license
to present they're selling this
metal to the secondhand sellers.
And also, it gives us kind of a
deterrent, especially whenever
you're looking at the check.
Whenever you're paying, instead
of cash, you're not getting
instant gratification for
individuals stealing from the
citizens and taking the copper
and providing larger monetary
value to the damage that's done
to get some of this copper.
As far as when you look at the
cases, we looked at what would
be best suited to work with not
only the citizens but also the
businesses.
So that way we can combat the
crime and make sure we're
providing a deterrent but also
being fair to the businesses and
also the citizens.
>>coun. Lewis: I know there's
already a pretty extensive
amount of deterrence, what
evidence do you have this is
being sold to these vendors?
>> whenever there's a theft,
whenever it's a large theft, we
have our leads op
nline and do
copper theft or metal theft
alerts.
When those come in, we get
those.
Building those cases out as
investigators, some of the
things these amendments will
cover will give us more teeth
and more investigative leads to
go after these individuals to
find out who the ring leaders
are to make sure the bad actors
are held accountable for the
actions.
>>coun. Lewis: so there's five
vendors in the city and you have
zero evidence that stolen
property is being sold to the
vendors.
What's your evidence?
Tell me the evidence you have
that this property is being sold
to these five vendors in the
city of albuquerque?
>> MADAM PRESIDENT, councilor
lewis, the evidence is whenever
the victims of these crimes call
in and whenever we take the
reports for the metal theft, we
need ordinances like this to
help us to prove that those
individuals did take it to these
metal sellers.
These recycling places.
So that way we can pinpoint this
individual to being in that
area, whether it be by video
camera, surveillance camera, or
forensic evidence located on
scene to help build those cases.
As it stands now, metal theft is
a big issue within the city.
Especially when it comes to
copper theft.
>>coun. Lewis: sir, I have no
doubt that metal theft is a big
issue in the city.
But I also have no doubt that
probably a large of that metal
is being sold outside of our
city and other states.
I know that a lot of it goes to
mexico.
So, I believe the intentions are
right.
But for years and years, I know
your department, this is one of
the strategies to try and fight
crime in the city.
I do have a fundamental problem
with efforts like this that put
such a stringent hardship on
good businesses that provide a
service
service.
And really not having any kind
of evidence that shows they've
ever -- I'm sure it happens.
But raising to a level of a
massive problem where we put
laws in place like this that
just contained and constrict and
restrict law-abiding citizens
that want to do business in the
city of albuquerque when we have
no evidence that the problem is
really centered there.
The problem is behavior.
The problem is the thefts going
on around the city.
I think in comparison the
problem to pinpoint our efforts
are not on these five
businesses.
Again, I also -- reading these
bills, it's my understanding
these are very dueplicative.
These are restrictions in laws
that these secondhand vendors
are abiding by within our state.
I think putting more and more
laws on the books where we don't
have evidence shows this is the
heart
I believe our intentions are
right, I believe the sponsors's
intentions are right.
But I don't believe the focus
should be on these, again, good
businesses that provide a great
service for our city.
Thank you, MADAM PRESIDENT.
>>coun. Pe}a: thank you.
Thank you so much for answering
those questions.
I don't see anyone else.
Any comments?
You said you're good with no
closing.
>>coun. Grout: I urge your
support.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: no.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> passes on a 7-2 vote.
>>coun. Pe}a: we're now on floor
amendment labeled c.
It will become floor amendment
number three.
Councilor grout.
>>coun. Grout: thank you, MADAM
PRESIDENT.
This amendment just adds in this
ordinance's record keeping and
requirements shall be construed
and no more strangeant than the
state's requirements.
I move do pass.
>>coun. Pe}a: there's a motion,
and a second by vice PRESIDENT
Champine.
>>coun. Grout: I would like to
just mention we went on field
trips.
We went to one of the recycling
vendor.
And they walked us through the
process.
they also told us that there are
times when people show up and
they're afraid that they didn't
come by that scrap honestly.
So they will call in.
And also, those bad actors learn
that they won't be accepted
there so they go to some other
ones.
There's a couple just right down
the road from 2nd street.
I think it might be in the
county.
I will say the county -- the
county commissioner is very
excited about bringing this to
bernalillo county pause
because we
want to make sure all of the
surrounding areas -- I do agree,
sometimes they go down south.
But we have to capture those
ones around here.
We did work with the vendors.
I'll go back to that.
They told us that these are best
practices.
>>coun. Pe}a: there's a motion,
and a second.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: no.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> passes on a 7-2 vote.
>>coun. Pe}a: we're now on floor
amendment labeled d in your
packet.
It will become floor amendment
number four.
Councilor grout.
>>coun. Grout: thank you, MADAM
PRESIDENT.
Floor amendment four.
Again, not going to read through
the whole thing.
It gives an alternative option
for secondhand metal dealers to
preserve a record of a catalytic
converter or copper or brass
material transaction via
continuous video recording.
Again, not wanting to make it so
burdensome on it the vendors.
The vendor we visited with, they
actually have equipment and
they're able to record when the
vehicle drives up.
And record that license plate.
They're going to capture the
person's face.
And there's a process by how
they go.
And there are some small
businesses that won't have the
means to buy the fancy equipment
yet.
They will have to do it the
old-fashioned way.
>>coun. Fiebelkorn: second.
>>coun. Pe}a: there's a motion,
and a second by councilor
fiebelkorn, for floor amendment
number four.
Any questions from the
councilors?
Councilor rogers.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
I just want to ask the sponsor,
given all the conversation we
had about flock cameras during
public comment, this is it MAY
create, it doesn't require them.
If they do they have to keep
this for two months as outlined
here?
>>coun. Grout: I believe so.
>> councilor pe}a, councilor
rogers, that's correct.
The reason being is the current
state law is a permissive
scheme.
It states that a seller MAY take
a digital photograph -- I'm
sorry -- a secondhand metal
dealer MAY take a photograph of
a seller.
This provides an alternative to
serve as a best practices
approach based on what we've
seen with the industry to get a
sense of an alternative version
to make sure they can correctly
have alternative ways of
documenting the process.
This is sort of a section of
this bill is an aspirational
best practices kind of structure
so when there's a record being
taken, the kind we sought during
our field trip, so to speak,
that really left an imprint on
how these industries should be
approaching records retention
that best assist in further
investigation should they arise.
>>coun. Rogers: just a follow up
to that.
Just like the city of
albuquerque must label that we
have automatic speed cameras,
for example, so folks know.
Are businesses required to say
we are -- you're under
surveillance?
Is there any requirements in
this that says we have to
actively let people know that's
what's happening if they choose
to patron that business?
>> councilor rogers, this
wouldn't require that those --
there will be a notification
that this kind of notification
would be there.
But the best practices we've
seen from the metal center we
went to make it very obvious.
They indicate your picture will
be taken and your id will be
copied and information will be
taken down about the vehicle
that's going to be removed.
When the material is being
weighed, it won't be moved until
documentation has been made of
that material in terms of video
from above or from the side.
It is -- it's not only obvious,
it's clear that the material and
that the record that's being
kept is evident.
>>coun. Rogers: we saw that was
a best practice but didn't make
it a requirement?
>> that's correct.
>>coun. Rogers: would the
sponsor be willing to have a
friendly amendment that the
business owner needs to have
something displayed to meet the
best practices of what you saw?
If they're going to do this they
should advertise that.
>> MADAM PRESIDENT, councilor
rogers, I think an amendment
that would be proposed and voted
on would be an promote
circumstance.
For council, we have a standing
resistance to friendly
amendments as procedural point.
As to an amendment, that could
be something that could be
discussed along the councilors.
>>coun. Rogers: thank you.
I appreciate what our staff
prefers.
My question is for the sponsor,
if she would be open.
>>coun. Pe}a: councilor rogers,
I think because there's no such
things a friendly amendment, I
think what you would have to do
is propose it as an amendment to
the amendment.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
When did that change?
I've been here for three years
and did a bunch of friendly
amendments.
>>coun. Pe}a: there's no such
thing as a friendly amendment.
>>coun. Rogers: MADAM PRESIDENT,
since when?
>>coun. Pe}a: in robert's rules.
>>coun. Rogers: thank you, MADAM
PRESIDENT, I'd love to see that.
Oh, so I call it the amendment
to the amendment, not friendly
amendment.
Thank you for helping me learn.
Three years in, I'm still
learning.
I'd like to make an amendment to
the amendment, to include
language there has to be some
type of notification to the
public that this is taking
place.
Similar to what you saw in the
best practices that you visited.
>>coun. Pe}a: that was in the
form of a motion?
Is there a second?
I'll second it.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
>>coun. Pe}a: any discussion on
the amendment to the amendment?
>> MADAM PRESIDENT, can you
clarify what your secondary
amendment is?
>>coun. Rogers: what I would
like to add is if businesses
choose, MAY, they're not
required to, if they choose to
have this type of level of
surveillance, they advertise
that in some kind of signage.
Whatever the best practice they
saw when they went on the field
trip.
I don't know what that is
because I didn't get to go.
I'll maybe need to work with the
sponsor to come up with the
correct language.
I see our team doing that.
>>coun. Pe}a: they're working on
drafting that.
>>coun. Bassan: MADAM PRESIDENT,
I have a question.
if I'm understanding it
correctly.
This amendment is adding in a
section.
So the buyer would have to
either take photographs of
everything listed in this bill,
or they MAY choose to do a video
of all of these things.
Is that correct?
>> MADAM PRESIDENT, councilor
bassan, that's correct.
>>coun. Bassan: thank you.
>>coun. Pe}a: councilor
fiebelkorn.
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
I guess I just have a bigger
question.
I'm not sure that you're
entitled to privacy anywhere in
public anymore.
I go to a lot of stores and all
the stores have surveillance.
I don't see any signage in my
neighborhood store when I go in
there that says you're under
surveillance, but I am.
I want to make sure that we're
not just singling out these
particular businesses with that
kind of requirement.
I don't know if anybody can
answer that, but it's my
understanding that in public you
don't have to -- I agree with
the councilor.
You should.
But I don't think that is the
generally agreed upon way this
work.
I just want to make sure we're
not making these five businesses
do something that everybody else
isn't doing.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
I think that's a good point.
That's why I love the debate.
I think most of the places i
patron will have a sign that
says you're under surveillance.
It's not mandatory.
Even at the airport, when you
have to put your face to fly.
It says you have the option not
to be photographed, even at our
airport.
I'm willing to -- I don't want
us to do that.
I don't want us to single out --
to councilor lewis's point, five
businesses if we don't make that
a rule across the board.
I think that is the right thing
to do.
I'll withdraw my not-friendly
amendment to the amendment.
>>coun. Pe}a: the unfriendly
amendment.
I just want to say that I
supported the amendment.
I think that somebody is going
to go in there, I think they
should know.
It falls in the line of
entrapment if you go into a
place to sell copper and you're
being recorded and you don't
realize that.
That's that.
>> MADAM Chair, since that
amendment was seconded -- it
belongs to the body.
You have to take a vote.
>>coun. Pe}a: I thought she can
withdraw it?
Okay.
[Roll combraubtial].
[Roll call].
>>coun. Baca: no.
>>coun. Bassan: yes.
>>coun. Champine: no.
>>coun. Fiebelkorn: yes.
>>coun. Grout: no.
-- withdrawal, yes.
>> you're changing your vote to
a yes?
>>coun. Grout: yes.
[Roll call].
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> passes on a 6-3 vote.
>>coun. Pe}a: we're now back on
the amendment as it was not
amended.
I don't think there was any
additional discussions.
Councilor grout.
>>coun. Grout: I urge your
support.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: no.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> passes on a 7-2 vote.
>>coun. Pe}a: thank you.
We're now on floor amendment
labeled e in your packet will be
floor amendment number five.
Councilor grout.
>>coun. Grout: thank you, MADAM
PRESIDENT.
This one is just an amendment to
correct multiple type graphical
errors in the bill by incerting
the term term of art
catalytic
converter.
>>coun. Fiebelkorn: second.
>>coun. Pe}a: there's a motion,
and a second by councilor
fiebelkorn.
Any discussion from councilors?
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: we're now on the
final amendment that I see,
anyway.
This is floor amendment labeled
f.
It will be floor amendment
number six.
>>coun. Grout: thank you, MADAM
PRESIDENT.
This one that councilor bassan
was able to notify us of.
We just need to change one word
from state to city.
This amendment corrects an error
in the bill by correcting
reflecting the jurisdictional
bounds of this ordinance only to
the city not the entire state.
>>coun. Fiebelkorn: second.
>>coun. Pe}a: there's a motion,
and a second by councilor
fiebelkorn.
For technical fix.
Any councilors?
>>coun. Grout: urge your
support.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
We're now back on the bill as
amended six times.
O-39.
Do we have anyone signed up to
speak?
We have no one signed up to
speak?
No?
Okay.
any other discussion from
councilors?
Seeing none.
Councilor grout and councilor
fiebelkorn to close.
>>coun. Grout: I would just like
to thank everybody that worked
on this -- everybody that worked
on this ordinance update.
Apd.
Council staff.
The vendors.
And councilor fiebelkorn.
I just am grateful for the
collaboration and the teamwork
of coming together and making
compromises and I think it will
be better.
I look forward to having
brighter days on the streets.
And I know that the vendors --
there's some great vendors out
there that want to do the
recognize -- right thing.
They don't want to get caught up
in what could be something bad.
Ibrush
I appreciate their willingness
to know there needs to be this
change.
I'm grateful for it.
I urge your support.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: no.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes on an 8-1 vote.
>>coun. Pe}a: thank you.
We're on o-35.
This is my -- by request.
This is municipal solid waste
ordinance collection and
disposal rate to increase
disposal fees for centers for
businesses and residents outside
of albuquerque limits.
Collection fees for city
municipality landfill and
convenience center to provide
proof of residency.
I move do pass.
There's a motion, and a second
by councilor bassan for do pass
of o-35.
Anyone signed up to speak?
>> jonah followed by mervin.
Mervin.
>> thank you, again, MADAM
PRESIDENT.
I've been here before with this
matter.
On MAY 30th, 2025 I was run down
by a city of albuquerque solid
waste management vehicle driven
by three employees of the solid
waste management.
The driver that -- samir
edwards.
Imil -- charles casias was
passenger.
The apd public service aide
enrique diaz, 8-7-14.
He filed a falsified new mexico
investigation crash report.
He, himself, told me that the
camera that he had on was --
>> sir.
Your comments have to be germane
to the topic in the ordinance
that we're discussing.
>> let me get back to the topic
at hand.
The amendment you're talking
about should include that the
city of albuquerque employees
should not be allowed to use
city of albuquerque property to
harm, injure, maim or cause the
death of any city of albuquerque
death or visitors.
The traffic cams, the camera of
the day, the video was
destroyed.
>>coun. Champine: sir, again,
this ordinance we're discussing
front has to do with an increase
in fees.
Not have to do with cameras or
policies and procedures of how
accidents are tracked within the
system.
If you have comment about the
increase in fees for outside the
residents, please give them.
If not, then your public comment
is over, sir.
>> okay.
I would like to address, again,
if anybody is going to be paying
for services of the city of
albuquerque here in the city or
outside of the city, I think the
rule of law should be followed.
I think enforcement should be
included in this amendment.
That city of albuquerque
employees should not be allowed
to use city of albuquerque
property to injure other people
or cause death.
Thank you.
>>coun. Champine: thank you,
sir.
>>coun. Pe}a: thank you.
Any other questions from
councilors?
Councilor telles.
>>coun. Telles: thank you, MADAM
PRESIDENT.
I just have a couple of
questions.
I guess for the director.
Maybe even our sponsors.
Hello, director.
How are you?
>> good.
>>coun. Telles: I had fun on my
solid waste tour.
Thank you for that.
Really was hoping I would get a
pink hard hat, but yellow is not
my color.
It worked out anyway.
I just have a couple of
questions on the cost basis for
setting it at $12 versus $5.
Did you do a cost of service
analysis, or is that a round
number policy choice?
>> MADAM PRESIDENT, councilor
telles, we do have a cost of
service we do annually.
The cost of service will show we
subsidize $19.69 for the $5, and
12 will be subsidized at $12.69.
>>coun. Telles: thank you, MADAM
PRESIDENT, director.
Who checks the utility bill or
id at the point of disposal at
the convenience center?
Have they trained staff for it
to be effective after the
adoption of the bill?
>> MADAM PRESIDENT, councilor
telles, the cashiers will be the
ones checking for the
information required.
As far as being trained, we have
not fully trained them at this
time.
But it will not take more than a
week to train them.
>>coun. Telles: thank you,
director.
Will there be an sop developed
so they can follow that?
>> MADAM PRESIDENT, councilor
telles, yes.
>>coun. Telles: wonderful.
Thank you.
MADAM PRESIDENT, director, what
happens to someone who is a
genuine in city resident but
doesn't
have a utility bill or id.
Is there an appeal or process or
are they just charged out of
city rate?
>> currently, they're charged
out of city rate.
>>coun. Telles: my final
question, thank you, MADAM
PRESIDENT.
How many out of city residential
and commercial accounts use
these convenience centers?
And what's the projected revenue
impact?
>> MADAM PRESIDENT, councilor
telles, roughly 42% is what
we -- during the time we got the
information, is out of the city.
And roughly $1.1 million is what
we would generate.
>>coun. Telles: thank you.
Those are all my questions.
I appreciate it.
>>coun. Pe}a: any additional
comments or questions?
No.
There you go.
I will close by saying I urge
your support.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: no.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes on an 8-1 vote.
>>coun. Pe}a: thank you so much
we're now on o-39, by request.
Councilor grout.
>>coun. Grout: thank you, MADAM
PRESIDENT.
Amending the integrated
development ordinance to revise
regulation for cannabis and
nicotine retail uses in table
4-2-1, allowable uses in section
14-16-4-3.
I move a do pass.
>>coun. Pe}a: there's a motion
and a second by councilor
bassan.
We'll go to public comment,
right out of the gate.
>> thank you, MADAM PRESIDENT.
First speaker is grace followed
by jonah.
>> MADAM PRESIDENT, I stand in
opposition to this ordinance
because it's a thinly veiled
attempt to continue exclusionary
and racist history of zoning
laws.
This isn't about buffers and
setbacks, albuquerque has a
documented history of racial
covenants that excluded black
and hispanic and asian american
families from entire
neighborhoods.
Covenants that will sit on
property deeds today.
This city has documented history
of routing undesirable land uses
into the same historic
neighborhoods of color.
South valley, international
districts, west side.
That's the result of neutral
tools like buffers.
I'm not asking to draw more
lines on a map.
More buffers overlays, it's the
same exclusionary tool kit aimed
at a new target.
You created cannabis equity fund
for putting money into
communities run by exclusionary
tool kit.
Yet the sponsor voted against
the guarantee basic income
process which is funded by
cannabis grt revenue which will
be decreasing as a result of the
disclusionary on cannabis doors.
Please oppose this.
>> jonah followed by erica.
Erica, followed by jeff.
>> good evening, MADAM
PRESIDENT, councilors.
Albuquerque has generated over
$670 million in cumulative
economic activity from legal
cannabis sales since adult use
launched in APRIL of 2022.
Representing nearly 30% of new
mexico's total state market, the
city leveraged the industry into
a major driver for local
businesses, job creation, and
municipal infrastructure.
Please help us as an industry to
survive and thrive rather than
creating legislation that
continues the stigmamization of
a plant that is useful.
New mexico has the opportunity
to support the small business in
an industry that can bolster
tourism and health
opportunities.
You all are cutting us away from
more real estate opportunities
we already don't have.
Lumping us with nicotine and
vape stores makes no sense to me
either.
Please reconsider.
Vote no.
>> jeff followed by ian.
>> good evening, MADAM
PRESIDENT, council members.
I spoke the last time this bill
came up.
I'm not going to go over what I
said the last time.
I know -- I actually
represent -- I run the small
business for ten years now.
In the last year, I had to form
the small business coalition of
new mexico as well as the
consumer rights coalition of new
mexico.
Trying to protect consumer's
right to fair and free access to
products.
And also protect small business
owners in new mexico.
Just like myself, I put hundreds
of thousands of dollars into
businesses only to find the next
morning I wake up to some new
regulation or some law that
actually isn't helping to make
us thrive.
You create one industry or laws
that allow industries to thrive
but the next day there's a new
rule or regulation that makes us
want to leave the state.
I'm here to -- I really
appreciate the mayor's office
and some of the councilors met
with representatives of our
coalition to work out -- thank
you.
>> ian followed by alan.
Alan followed by tad.
>> MADAM PRESIDENT, members of
the council, there's an
ordinance that you want to close
out of this bill -- you want to
close smoke shops at 11 o'clock.
I understand the reason because
it's like five or six smoke
shops that are just terrible.
They have bad actors outside.
But you can take care of those
five or six smoke shops by doing
an ordinance that's noise --
nuisance ordinance, and you
can't go around and close every
gas station at 10 o'clock.
We don't have the policing for
it.
There's no money in the bill to
police it.
You can't go to a circle k gas
station and maverick and smith's
to make sure this will is really
going to go through.
Lastly, you have enough time to
get rid of clusters of
dispensaries and smoke shops.
There are more smoke shops
closing than opening.
The free market is taking care
of this problem.
>>coun. Pe}a: thank you.
>> tad.
>> thank you.
My name is tad.
Well, here is -- back before
1969, I love in chicago.
We have bars all over.
Almost on every corner.
now, when I move to albuquerque,
same ways.
Bars all over.
What's going on with bars?
What are they doing over there?
They're selling drug
paraphernalia for high price.
That is the picture.
You go to the smoke shops,
marijuana shops, no.
I doubt it.
I urge you to go over there and
check it.
And cops need to stay behind it.
And they put in low income
districts like the tower
downtown.
>>coun. Pe}a: thank you.
>> smoke shops.
Thank you.
>> that concludes comment.
Thank you.
>>coun. Pe}a: thank you.
We were back on the bill.
Before I go to councilors, I
will ask the sponsor if she's
like to move the floor amendment
first before we go to questions
or comments?
>>coun. Grout: thank you, MADAM
PRESIDENT.
We do have a committee amendment
to offer.
I will say, again, we worked
with the industry.
Spent some time with them.
And because we know -- I want to
start, also, by saying this has
nothing to do with me and my
morals.
This has nothing to do with me.
It has to do with the
administration.
This is the administration's
bill.
I am offering it by request.
We met with them.
We met with the industry.
We talked with them.
We went over things that we
could change that when this
industry as a whole came in and
went gangbusters.
We had so many everywhere.
And you never want to see a
business go out of business
because a lot of people invested
a lot in that.
That's their choice.
You also want to make sure that
whatever you can do to make it
work.
What we were finding is -- apd
is finding is sometimes there's
a cluster.
And it causes an issue.
We came together and we came up
with some changes.
I want to thank the industry for
working with us to come up with
these, and the administration.
We worked a lot on this.
It's not perfect.
But I think it's a good
compromise.
Can I ask our council staff to
go over it?
>> MADAM PRESIDENT, councilor
grout, thank you.
The amendment -- I'm talking
about the amendment.
The amendment that's in front of
you is changing some of the
things that were introduced at
the lupz.
Starting off with changing the
distance separation from
existing cannabis retail.
It changes that from 60 feet to
99
990 feet.
The second amendment introduces
a distance correction of 990
feet from existing retails.
The third amendment increases
the buffer distance from 330
feet to 990 schools and daycare
centers.
>>coun. Champine: we're
discussing something that hasn't
been seconded.
>>coun. Grout: I'm sorry.
I would like to move floor
amendment one.
>>coun. Pe}a: there's a motion,
and a second by councilor
bassan.
>> I'll continue.
I was on the third amendment.
It talks about increasing buffer
distance from schools and
daycares from 60 feet to 990
feet.
The fourth in the line is to be
consistent and reduces the
buffer from existing nicotine
retails from 1,000 to 9
90 feet.
The fifth one is being
consistent of introducing a
buffer distance of 990 feet from
existing cannabis retail.
And the last one is introducing
a -- increasing buffer distance
from 330 feet to 990 feet.
There's also an amendment to
increase the distance from
residential zone and lots
containing the unis from 550 to
663 feet.
And also changing the timing of
existing businesses and
prohibiting these from 11:00
P.M. To 7:00 A.M.
These are only for nicotine
shops.
It will not affect any small
accessory users that are there
in gas station or grocery
stores.
This will only affect nicotine
shops and cannabis retail.
I stand for any questions.
>>coun. Grout: thank you.
MAY I have -- councilor lewis.
>>coun. Lewis: thank you, MADAM
PRESIDENT.
Just a question for the
administration.
It sounds like this is the
administration's bill.
I guess I would ask where did it
orig
originate?
Did this come from the cannabis
retail industry to the
administration with
recommendations?
Or was this -- did this
orageinate within the
administration with consultation
of the cannabis industry?
Where did it begin?
>> MADAM PRESIDENT, councilor
lewis, I'll invite deputy chief
and deputy director aranda from
planning up.
They led in this work related to
both the analysis of our data
and the impacts we're seeing
related to clustering as well as
the discussions we've had with
industry.
>> MADAM PRESIDENT, councilors,
I'm here to talk about the
public safety and law
enforcement perspective on what
we're seeing realtime with
nicotine retailers and cannabis
shops.
I guess the best way to start
off -- actually, I'd like to
applaud councilor rogers and
echo the sentiment that she said
earlier about the shoes that are
thrown over power lines.
The way I interpret that is in
certain regions of our city when
shoe
shoes are thrown over
powerlines, that is a call you
can obtain illicit substances
that these locations.
I know she said that she's sick
of the filth.
I interpret that as she's sick
of crime and the criminal
element that is happening.
I would present to you in my
experience and obviously all of
the different calls for service,
enforcement, and data that I
have personally seen and
personally witnessed, when you
have a geographical area in our
city that has such a high
concentration of volume of
individuals -- I'm not here to
tell you it's the nicotine
retailers or cannabis shops that
is the sole reason why these
individuals are drawn to these
areas.
There's a whole bunch of other
factors that draws them to this
area.
Of course, there's outliers too.
There are different parts of
town where there are nicotine
retailers and cannabis shops
where we don't see these issues.
But in these concentrated areas
where we have large populations
of people congregating, like I
said, for whatever the different
variables that drew them to that
area, I know that they
congrauigate in front of
nicotine retailers.
To give you an example how it
affects public safety, we have
this concentration of people
where they can pretty much buy
all the articles they need to
use controlled substances.
Thus turning it into drug
paraphernalia.
It draws them in this area and
keeps them in this area.
We have drug traffickers that
know if they need to offload a
shipment of narcotics they can
go to the area and there will
always be individuals there
willing to buy.
When the drug traffickers are
making drug deals and it turns
bad, it turns to violent crime.
We have aggravated assaults and
robberies and homicides happen
in front of nicotine retailers.
In the event it does not turn
into a violent crime, then we
have situations where we have
pretty open-air drug use.
And another point that I bring
to that is at that point if it's
not law enforcement response,
I'd like to talk about how that
affects our department.
And we're also pulling resources
from community safety department
and albuquerque fire rescue.
I look at the amount of man
hours.
The time and officers it takes
to where when these officers are
driving by, they cannot turn
blind eye to open-air drug use.
They cannot turn a blind eye to
altercations that are turning
into aggravated assault.
They have to address that.
We call them on-site.
Proactive enforcement on-site.
I look at the volume of on-site,
particularly nicotine retailers,
in these concentrated
geographical areas, it takes up
a huge amount of resources.
That's just for the police
department.
I can't speak for exact numbers
for albuquerque fire rescue or
community safety, but again,
with the open-air drug use we
know it affects them because
they also do have to respond.
From a public safety standpoint,
obviously this is not going to
be the full fix to completely
eliminate crime and where we
have perfect public safety.
Any additional tools we can have
in the toolbox, whether it's the
distance between shops, whether
it's the timing to where once
that retailer is closed this
crowd of people isn't going to
be hanging out there and they
may be under the influence and
it turns into altercation that
turns into violent assault or
violent crime.
This is another tool for us to
combat that.
Obviously, on the police
department we are doing multiple
operations whether it's in the
nuisance front, covert
operations, overt, high
visibility patrol.
It's everyday work for us we're
willing to do.
Again, and feel with this
particular amendments that it
would -- like I said, it would
give us the additional tool in
the toolbox to keep public
safety.
>>coun. Lewis: MADAM PRESIDENT,
thank you, sir.
You described a pretty big
problem.
I can imagine the resources and
the challenges that the
department faces and certainly
afr faces as well in that
regard.
And as a community, we face.
This bill says that the problem
is these retailers.
The bill identifies the problem
as not the drug dealers, not the
people that are throwing shoes
over power lines, not the people
that are congregating in
different places.
This is a bill that says the
problem is a saturation of
cannabis retail stores and smoke
shops.
I know you gave a pretty good
description of all the
challenges, but you understand
that by supporting this bill and
saying this council needs to
support this bill, you're saying
that the problem is the retail
stores.
is that the case?
>> MADAM PRESIDENT, councilor
lewis, not entirely.
I understand your position.
It does make sense.
I think in totality, it's not
just the retailers.
It's not just the drug
traffickers.
It's not the area where, like I
said, there's several factors
that cause these individuals to
come there.
But when they're staying there,
we know where they're hanging
out.
I think in totality, it's
actually a combination of all of
the above.
I think as we look at each
causation factor, whether if it
is the drug traffickers or
retailers, by taking steps for
each of these root causes,
again, I think that will help us
in achieving public safety and
reducing the crime.
>>coun. Lewis: MADAM PRESIDENT,
sir, is it the nature of the
businesses?
We're not limiting the amount of
parks we have in this city.
Yet, there's people that
congregate in parks and commit
crimes.
So, is it the nature of these
types of businesses that are the
problem?
It's not -- for example, we
haven't pinpointed snowcone
restaurants.
It's the nature of the business,
correct?
>> MADAM PRESIDENT, councilor
lewis, if I understand your
question correctly, like I
stated earlier, I would consider
them outliers.
But there are nicotine retailers
in various parts of the city
that don't generate the type of
criminal element that we see.
Again, just for those reasons,
when we have -- especially in
several of the districts along
our central avenue corridor.
When we just have that
concentrated amount of people --
just a high volume of people --
these are the properties that we
have crime.
Violent crime and open-air drug
usage which leads to a myriad of
other issues.
Again, I don't know if that
answers your question, councilor
lewis.
>>coun. Lewis: I appreciate it,
MADAM PRESIDENT.
I appreciate it.
I think you're doing your best
to answer the question.
The answer is clear.
I think you guys identified the
nature of certain businesses.
I would -- I'm not disagreeing
with you.
I would argue some of the most
crime that happens in my
district is around several bars.
The most calls happen in that
few blocks around those areas.
There's a part of me that wants
to protect businesses and
people's ability to do in this
city that they're given a right
to do under state law to protect
people from being picked on.
In the same way I would five
metal businesses that have
legitimate businesses that are
retailers for certain
commodities and metals.
I do find it interesting also
that we're saying the smoke
shops a lot, yet this is a bill
that limits the cannabis retail
stores.
And my guess is that the
cannabis lobby is for this bill.
it sounds like it because
they're saturated and they know
they're saturated and it's
hurting their profits and
businesses.
So this is a way to do that.
When you come from a moral
standpoint, I'm falling on both
sides of this.
This is a bill -- I think it's
misrepresented.
I think even some in the public
here tonight feel like this is a
bill restricting the cannabis
industry, when in reality I
think they're behind it.
And they see this as an
advantage for this industry to
be stronger.
The ones that have the licenses
and have that ability, they're
going to get stronger when they
eliminate more and more
saturation and other competition
around them.
I do think we should be cloor --
clear what this bill says the
problem is.
The bill says the problem is
cannabis and smoke shops that
are the problem for crime in our
city.
Again, I think I'm going to be
consistent with misguided bills
like this that actually go
after -- they identify the
problem as the retail stores.
Dwlng -- I think the problem is
the drug dealers and the crime
that happens and the behaviors
of the people that happen.
Not only around these shops but
bars and every other place
around our city.
Thank you, MADAM PRESIDENT.
>>coun. Pe}a: councilor baca.
>>coun. Baca: thank you, MADAM
PRESIDENT.
Just three quick things.
One, I got some sneakers hanging
from the power lines at 8th and
central if we can do something
about that.
Two, am I reading this
correctly?
The hour restrictions are only
for the nicotine and not the
cannabis?
That's the way I read it.
Or are they both being limited?
>> MADAM PRESIDENT, councilor
baca, in the amendment we're
talking about nicotine retail.
But it does summarize that the
cannabis retail is prohibited
between 11:00 P.M. To 7:00 P.M.
>>coun. Baca: okay.
My first thing was to make an
amendment to put cannabis as the
same hours as nicotine.
Separate from this bill, I had
cannabis retailers to reach out
to ask me to do something like
that.
There's a whole story behind
that.
This will put cannabis on the
same footing as nicotine, hours
wise?
>> yes.
>>coun. Baca: okay.
Thank you.
>>coun. Pe}a: vice PRESIDENT
Champine.
>>coun. Champine: thank you,
MADAM PRESIDENT.
Just a couple of quick things.
Dc, don't get me wrong.
Your explanation of what's going
on, I interpret it as shooting
fish in a barrel.
If you know where they are, and
you know they congregate in
these places on central, why
aren't prt teams hitting them
up?
I see you have a plan, you hit
these areas up.
You don't sit there.
I'm not pinpointing you.
yipe pinpointing the fact, if
you know where the crime is, hit
it up.
We shouldn't change a whole city
ordinance based on the fact of
that corridor.
I disagree
you should be, in your
explanation or definition, you
already know what the problem
is.
There are laws.
Conduct -- conduct -- the plume
of it is I'm torn.
I do agree to the high schoolers
that are here.
I agree that the buffer zone for
schools from 300 to 30 feet,
that's a city block.
I don't think a city block is
enough.
It presents a question, do you
do it three city blocks or four
city blocks?
Now we're pinpointing small
businesses in town.
I know there's a cvs next to
eldorado.
They sell cigarettes.
Are we going to go after big box
stores in that sense to say you
can't sell cigarettes so close
to a school?
I'm torn between the fact that
we should be, I think, expanding
the buffer zone around schools,
daycare, churches.
But I have a real big problem
with trying to say that the
store is the issue.
That if we expand the -- like
councilor lewis said, the
problem is criminals.
The problem isn't the stores.
The problem is the enforcement
of the criminals going on.
>> MADAM PRESIDENT, councilor
champine, would I be able to
provide commentary?
>>coun. Champine: please.
>> I completely understand what
you're saying.
I would point out that I did
personally look at data from
some big box stores and also
liquor stores.
There are big box stores that
have a high higher call volume
than nicotine retailers.
I look at the breakdown for what
the calls for service are.
Lot of them are shoplifting.
Lot are disturbances.
Versus, even though there's such
a high call volume, the rate of
violent crimes happening or
on-sites that take us out of
service to where we can't
respond to 911 calls because
we're doing that work, you
compare that to nicotine
retailers, even though retailers
MAY not have the same exact high
call volume, there's a
difference in the type of calls.
It's clear, clear as day, the
calls more at had nicotine
resellers in the areas I
described are violent crimes
that's happening.
Something I would also talk to
you about is prt -- I know you
experienced to back it up.
We're there every day.
We're seizing guns every day.
We're making felonious arrests
every day.
The way it's going now, that's
pretty much going to be every
day.
Again, I don't believe that this
is going to be the solve-all
tool.
This is just the additional tool
to help get us there for
long-term sustainable solution.
>>coun. Fiebelkorn: point of
order, are we still on the
amendment?
>>coun. Pe}a: yes.
>>coun. Champine: MADAM
PRESIDENT, I need to make a
motion, while I have the floor,
to suspend the rules.
To tengsd
extend the meeting until
midnight.
>>coun. Pe}a: second.
[Roll call].
>>coun. Baca: no.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: no.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes on a 7-2 vote.
>>coun. Champine: back to my
point.
Thank you for that.
I see what you're saying.
How do we -- anything that can
help us solve this or help in
solving crime is a benefit.
I don't think this is the right
direction.
I think there's another way of
doing it.
I think we should explore that,
then go after
I think we should explore that
rather than go after small
businesses.
>>coun. Rogers: I'm going to ask
my questions before we get to
the discussion on the bill.
In the explanation of the
amendment it says it adds
restriction for nicotine and
other primary locations.
It doesn't mention cannabis in
the explanation.
I know I heard councilor grout
say that -- what is the
restriction for cannabis for
hours?
They have to close by what time
now?
>> MADAM PRESIDENT, councilor
rogers, they have to close by
11:00 P.M.
>>coun. Rogers: thank you.
Is that in a different ordinance
or we're adding it in this
amendment?
The explanation threw me off.
It says it adds it for nicotine
retailers and other retail
locations.
I just want to make sure -- I'm
tired.
That's why I vote no.
My brain shuts off.
I just want to make sure.
>> MADAM PRESIDENT, councilor
rogers, it's separately in the
rules that govern the cannabis
retail businesses.
It is not part ido, but the only
language part of the ido is
nicotine retail.
>>coun. Rogers: that's not in
our ido, but part of the state
law they have to close by 11:00
P.M.?
>> MADAM PRESIDENT, it's a set
of rules promulgated by the
planning department in 2022
after the state law was enacted.
>>coun. Rogers: thank you.
>>coun. Pe}a: we are back on the
amendment.
Committee amendment number one.
Councilor grout to close.
>>coun. Grout: thank you for the
discussion.
I know this is a tough one.
Apd, afr, acs, public safety
department, they asked for these
things.
Again we worked with the
industry.
And we came up with these to
compromise for all of these.
We want to make sure that they
are the same distances and so
forth.
and they are under a thousand
feet.
I urge your support.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: no.
>>coun. Fiebelkorn: no.
>>coun. Grout: yes.
>>coun. Lewis: no.
>>coun. Rogers: yes.
>>coun. Telles: no.
>>coun. Pe}a: no.
>> fails on a 4-5 vote.
>>coun. Pe}a: we're back on the
bill.
It was not amended.
Is that the last amendment,
councilor grout?
Yes, it is.
We're back on the bill.
Do we have any questions from
councilors?
Councilor fiebelkorn.
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
Unfortunately, I asked a lot of
these questions at the
hearing -- the committee hearing
where this bill was killed.
And didn't get any answers.
I'm going to have to ask them
all again here.
This could have been solved.
I was promised a lot of data at
that committee meeting.
Not a single thing in the seven
and a half weeks since I was
promised this information have I
received any information.
So, we're going to start from
scratch.
I am curious why -- I totally
understand the distance
separation for church s
es and
things like that.
What this bill does that is
completely new to our entire
system of regulations for the
city of albuquerque is it says
one kind of business can't be
near a completely unrelated
different kind of business.
Just to say that again.
It is saying one business cannot
be near a completely different
type of business.
It's like saying, you can't have
a gym near a fastfood joint.
I wouldn't propose that, even
though it would be helpful to
me.
Because what I think -- what my
morals are don't matter.
And when I ask these questions
at the last committee meeting,
why this was coming forward, the
answer we heard loud and strong
from the administration is
because we said so.
And that is not a legitimate
reason to regulate anybody in
our city.
I'm going to ask again.
Why have we chosen these two
types of business to require
that they can't be near each
other, which really means that a
cigar shop, which I've never
heard problems with a cigar
shop, can't be located near a
cannabis shop.
Different clientele.
I can tell you, I go to cannabis
shops.
My parent goes to cigar shops.
They're not the same people.
Rather than choosing bars or
liquor sales, why have we chosen
cannabis retail and tobacco
retail?
>> MADAM PRESIDENT, councilor
fiebelkorn,
--
>>coun. Fiebelkorn: my name is
fiebelkorn.
>> what we have looked at is
concentration for calls of
services.
when we look at concentration of
types of businesses that are in
close proximity, the discussion
we had is not necessarily
causation but correlation.
The mapping of the crime and cad
data we looked at indicates that
when you have two types of
businesses that are already
regulated
regulated.
Nicotine is regulated through
ido and cannabis through rule 19
in state law.
We can see the correlation of
that in density in locations.
This is not targeting in a way
that is intended based upon the
individual folks that are using
these businesses for lawful use
and the types of activities that
you're describing.
What we're talking about is the
type of activities we know are
occurring in this business.
The paraphernalia and other
items utilized for other types
of use that are not the original
intended use of these
businesses.
This is not related to
businesses that are not nicotine
primary businesses as well.
To the question around cvs and
others.
There are specific rules that
put a husband into that kaality
.
>>coun. Fiebelkorn: I am aware
this does not affect large
businesses.
We would never pass an ordinance
in our city that would say, hey,
cvs, walgreen's, chevron,
smith's, you can't sell tubalk
obacco
tobacco.
We wouldn't do that because
they're big business and you
wouldn't want to hurt them.
but we don't have a problem
passing something like this that
is going to hurt almost
exclusively small, locally owned
businesses.
I can tell you and I can pick in
erica because she's here.
I'm telling you nothing bad is
happening in that shop.
There's no crimes happening.
It was a lovely day.
Thank you for the tour.
We're punishing erica as a small
business owner because we think
there's correlation, and
correlation is not causation.
I appreciate if we stop saying
correlation is causation.
We should all take a statistics
class.
I haven't heard data.
I heard you had data but haven't
seen it.
I asked for it seven weeks ago.
I have not seen it in seven
weeks.
I have not seen a problem with
data being linked with cannabis
stores near a cigar store.
That is unfortunate.
I also asked seven and a half
weeks ago about the use of
nuisance ordinance.
We have an ordinance in place
that deals with problem
properties.
What I heard commander talking
about is there are a few places
where there are congregations of
people.
I didn't hear proof that it was
one of these stores.
But there are congregations of
people that are causing
problems.
And I believe that is the reason
we have a nuisance ordinance.
A nuisance property ordinance.
I asked for details seven and a
half weeks ago on how many times
has that nuisance ordinance been
used to go after a problem
cannabis store or cigar store or
tobacco store.
Again, haven't received
anything.
I have to assume that data does
not exist because why else would
you not share for seven and a
half weeks?
I do have one question for the
council sponsor.
You mentioned you worked with
industry.
Can you tell us who you worked
with?
I've gotten lots of letters,
including the cannabis
association of new mexico that
said they were not worked with.
I'm curious if you can give us a
list of who was at those
meetings?
>>coun. Grout: MR. Jeff apodaca
was there.
I worked with him.
>>coun. Fiebelkorn: I appreciate
that.
We did all receive a letter from
the cannabis association of new
mexico.
Which is the actual industry
that is representing cannabis
retail.
And they are adamantly opposed
to this proposal.
I don't know that we have a
tobacco association.
I did look around for one.
I couldn't find one.
I can pretty much guarantee they
would also be in opposition to
this because it seems like we
have chosen these two industries
to be the evil devil that is
causing all of our problems in
our city.
I just do not believe that is
the case.
Given, seven and a half weeks
and apd, planning department,
the administration, they've had
lots of time to call all the
councilors and lobby pretty hard
on this bill.
But they haven't had time to
gather data and share with us.
I think that is very
unfortunate.
I wanted to talk a little bit
about the paraphernalia that I
guess you can buy from cannabis
stores.
Or perhaps cigar store.
I don't know if there's anything
for sale in a cigar store.
I believe there's also things in
smith's that could be used for
paraphernal
paraphernalia.
Again, we're not going after
large businesses.
We're only targeting small,
locally owned businesses because
someone in the administration
decided these types of
businesses aren't good.
Now, there are businesses out
there that have a real problem.
I believe and commander, if you
have different data, everything
I ever read and asked about, the
number one cause of problems
with violence, with theft, with
robbery, with drunk driving, are
all from bars, and retail
alcohol sales.
I noticed that none of that is
included in this bill.
We have not decided they're bad.
Someone in the administration
doesn't like the way smoke shops
look and the way cannabis stores
look.
I think that is really a
dangerous sliply slope when
you're looking at how to
regulate our city.
Our regulatory structure is
supposed to help the citizens of
albuquerque and we're supposed
to help small businesses.
Rather than doing that, we're
looking for a bogeyman and we're
saying your cannabis staff is
that bogeyman.
Again, we have zero other
examples anywhere in our
regulatory structure in the
city -- anywhere, that says one
business type can't be next to
another business type.
Of course we have school
separations and things like
that, but this bill is a
solution to a problem that is
made up by the administration
because they don't like cannabis
stores and they don't like smoke
shops.
I'm here to say I like cannabis
stores.
I like smoke shops.
I don't like cigar stores, but
I'm certainly not going to try
to use my power to make sure
that they go away.
Thank you.
>>coun. Pe}a: councilor rogers.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
I think as the council district
that you can look at the data
has the highest concentration of
smoke-vape shops and cannabis
shops, for my district she is
absolutely something we need to
figure out.
I don't know that this gets to
that.
In my district, I've asked for
help from our law enforcement
partners, specifically on some
of the ones we know are hot
spots.
I'm a person that wants to get
to the root cause of the issue.
I don't think it's the business
type.
For my district, I took myself
into some of these smoke shops
and literally walked around,
looked for myself what was going
on.
What I found is in the ones that
are hot spots in our district,
they're allowing folks to use
ebt to purchase smoke products
and paraphernalia.
I witnessed it with my own eyes.
I was able to get help.
I want to shout out ben baker
from the governor's office who
worked with me for human
services to do a sting
operation.
In those smoke shops, two out of
the three in my district were
absolutely found using --
letting people illegally use
ebt.
They have since gotten their ebt
privileges revoked.
You have seen a major difference
difference -- deputy chief,
we've seen a huge difference and
a decrease in the activity in
front of these smoke shops
because people can no longer
commit ebt fraud.
And that's why these businesses
were hot spots and continue to
be hot spots.
I would like us to keep working
on the root causes of the issue.
And getting those particular
business owners that are doing
those things held accountable
and not all cannabis and all
nicotine shops.
Because that is what is really
going to help us.
Trust me, I would love to see
some of these places close at
11:00 o'clock.
I'm with law enforcement on
that.
I would love to see that.
But to councilor fiebelkorn's
point, if we're not going to do
that across the board for all
businesses that sell nick
otine
and alcohol and cannabis, just
like withdrew my amendment for
the other one, I don't think
this is not the right way to do
it.
For me and my district, it's
about getting to the root cause
of the issue.
And working with our partners at
the state to shut those things
down.
This doesn't get to that root
cause.
I do want them separated and all
the things.
But I think we should do it
across the board and treat all
the businesses same rather than
just one or the other.
Thank you.
>>coun. Baca: thank you, MADAM
PRESIDENT.
We're not hitting the root cause
oftentimes.
I wish I could get rid of all
guns.
If we get rid of guns, we'll
stop gun violence.
Not going to happen.
We have to regulate it other
ways.
Just like everything else, it's
a zoning question.
Councilor lewis, I totally
respect his position.
He also doesn't have metal
recyclers down the road and
doesn't have cannabis down the
road.
He doesn't get all the calls
that district two gets regularly
about this.
Just like everything else, good
actors will be grandfathered in.
They be fine if they're good
players.
They're still going to be here
five or ten years from now.
This is just working toward the
future and working toward fixing
a problem that does exist.
We know it exists.
This isn't the perfect solution
by any means.
Where was reached out to by
cannabis industry, asking for
hours to be curtailed because
they couldn't do it themselves.
To me, that's surprising, but
that's real.
For those of us who live in
districts that have to deal with
all these problems regularly,
it's a step in the right
direction.
Thank you.
>>coun. Pe}a: councilor telles.
>>coun. Telles: thank you, MADAM
PRESIDENT.
DR. Sengel, I just have a couple
follow-up questions regarding
our concentration for calls of
service.
When you were reviewing the
calls of service data, was it
equally reliable across the
neighborhoods or did some areas
get more patrol presence and
thus generate more calls
independent of actual
conditions?
>> MADAM PRESIDENT, I want to
actually defer to either our
executive director of public
safety or deputy chief so they
can technically answer that
question.
>> MADAM PRESIDENT, councilor
telles, can you rephrase the
question for me?
>> yeah.
I just want to know if you're
referring to concentration of
calls for service, how are you
making sure that it is equally
reliable across neighborhoods?
Per capita.
do some areas get some more
patrol presence and because of
that generate more calls
independent of the actual
business use and matters
happening in the area?
>> when we're looking at the
overall data, we're looking at
specific to what those calls for
service were.
Some of these cases, they could
have been the actual business
themselves looking at it as a
victim.
We have to look through all
those calls and decipher what it
is that they're requesting and
what kind of services they're
asking from apd.
When we looked at all that data
collect frbly is when we started
to see what's been rev
ferenced as
hot spots.
Looking at it, and it goes back
to something that councilor
champine said, you kind of know
what are the areas that are
causing the situation.
You have different resources and
tools.
I think when we're looking at
these calls for services
specific to these areas we
already any there's issues and
concerns.
It's not a mystery to any of us
that we're responding to an area
that needs to be addressed.
We're looking at those specific
calls across the city, not just
in the specific area, but there
are certain areas impacted more.
More so when we're talking about
specific districts.
When we're looking at calls for
service, we're looking also for
correlation between the type of
activity that is happening, and
where it is that we're
responding to.
And we're correlating those
things.
We're not saying there's a
causation, there's just emphasis
into the types of calls we're
responding into the specific
areas.
>>coun. Telles: thank you, MADAM
PRESIDENT and director.
How, then, did you address the
measurement bias of those
independent conditions?
What were the distributional
effects there?
Who lived in the zones that were
being restricted?
Who benefits from that type of
restriction?
I'm just trying to figure out
when you reviewed your data, did
you account for any potential
dis
disproportional impacts on low
income residents, renters,
demographic groups when you were
excluding or including certain
populations?
>> MADAM PRESIDENT, councilor
telles, no.
We're really responding to what
the activity is of those calls.
That would be across the board.
We didn't respond to any call or
community regardless of who it
is putting the sols
calls.
It's the same manner regardless
of the call set out.
>>coun. Telles: that's very
helpful.
The data wasn't full a measured.
If the goal is public safety,
why is zoning -- why is
restriction the chosen lever
here rather than public safety
tools?
Like more patrol allocation,
more lighting, more code
enforcement, more essential
services.
I know you have a proactive
response team.
Are they being called out to
these response teams?
I'm in close conversations with
the officers in the southwest
area command and northwest area
command because my district
doesn't have an area command.
We do have a cute little place
where you can -- if you need to
report something you can go to
our office off of ouray.
I digress.
What I'm trying to say is I know
that unlike the northwest area
command, I have six officers in
that area that between MAY 1st
and JULY 31st had 950 calls.
To councilor champine's point of
having a point to do this, you
have a response team, but I'm
not sure that any of our other
officers can take on much more
capacity.
Again, if public safety is the
goal, why zoning?
It doesn't seem that the policy
here fits the problem.
We're using -- we're trying to
fit a swear block into a round
round -- thank you.
It doesn't make sense to me.
I think restrictive based zoning
has been the most consistent
finding in various types of
literature that is against using
restrictive zoning as a crime
reduction tool.
There's no studies that find
that it actually works.
So, I want public safety.
That's a big reason why I was
pushing to try to use some of
our apd dollars from recruitment
to go toward violence prevention
and more patrol allocations and
more social services and more
code enforcement.
i just don't think zoning a land
use tool is proper policy fit
for the problem you're trying to
solve here.
Thank you for clarifying on how
your data was being reviewed.
>> MADAM PRESIDENT, if I MAY?
I think it would be helpful if
we showed the overall map where
we had the calls.
If we could display that, for
the dc to walk over where these
calls are and these hot spots
we've been talking about.
I think it would be helpful.
>>coun. Pe}a: that would be
good.
>> MADAM PRESIDENT, councilors,
the data that you're seeing in
front of you is our calls for
service for a rolling year.
And my understanding is as the
shapes increase in size, that's
the increase in volume of
different calls.
I would also state to you, like
to councilor telles's point,
like I talked about earlier,
when we have different
geographical regions of the
city, there are different
factors such as low lower income
real estate.
Whether it's motels or social
services that have brought
individuals to the area.
That obviously is bringing those
people to the area.
Since we see that concentration
of people, you can clearly see,
especially in district six, we
have a higher call volume at
these nicotine retailers.
And breaking down what the
actual calls are compared to
other areas of the city, that's
where we see the trend of all of
our proactive enforcement to
vice PRESIDENT Champine's point
is we're there every day making
arrests.
Our prt is there every day.
It's not stopping for us.
Compared to other areas of the
city, you can see that these
particular regions that are
increasing the call for service
us -- for us.
>>coun. Pe}a: councilor telles.
>>coun. Telles: thank you, MADAM
PRESIDENT.
Thank you, dc.
Here's my question.
If we removed that tomorrow.
Let's just say tomorrow we
snapped our fingers and we
removed nicotine shops were --
all problem shops that relate to
increased, you know, call
volume, is there evidence that
calls would drop?
Or would they just shift to the
next most visible property
problem area?
If we restrict this on nicotine
shops and cannabis shops, are
those calls going to drop, or
are they just going to shift to
the next business?
Is it going to shift to bars?
Is it going to shift to whatever
other type of business that's
the most visible and vulnerable?
And are we going to have to come
back here and see we're still
seeing calls here and it didn't
work so we need to restrict
other businesses and zoning?
I just want to know when are we
going to actually create policy
that fits the problem.
Because a land use tool is not
the right lever for public
safety.
It's investing in public safety
reduction, not tearing down
business owners.
I would actually be willing to
subsidize security cameras for
some of these businesses.
that's a public safety tool that
has been actually proven to
reduce these type of calls.
I just don't believe that -- I
believe you're getting calls.
But I don't know that the ratio
of these calls are necessarily
necessarily -- again, it's the
correlation versus causation.
Is it because they're just
elevated for other reasons,
poverty, density, foot traffic?
It's not the right policy fit to
solve the problem.
>> MADAM PRESIDENT, councilor
telles, I can respond.
I understand your point, but I
definitely would point out it
depends on -- you're asking
like, well, if you get rid of it
is the crime just going to go to
a different business.
Each business has its own
particular set of crimes.
We've seen with our retailers
where theft is the number one
issue.
We've seen with our cell phone
stores or other small
businesses, especially in the
northeast rights, burglary is
our issue.
I have personally seen the calls
for service data where I pull
statistic for six different
liquor stores, there were no
calls for service.
I'm sure bars, you're going to
sigh fights and disturbances and
DWIs.
But each particular genre of
business, if that's the right
term, has their own set of
crimes, unfortunately.
With this particular nicotine
retailers and cannabis locations
where they're densely populated,
the types of crime I'm seeing is
violent crimes and open-air drug
use such that pulls so much
resources every day from
community safety, albuquerque
fire rescue and apd.
>>coun. Pe}a: councilor
fiebelkorn.
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
First of all, can you scroll
down.
I assume there's some sort of
legend.
Administration, it would have
been great if this was shared
sometime in the last seven and a
half weeks.
Okay.
Those are cad calls.
Okay.
Thank you.
Is this the entire entity of the
data that has been gathered to
support this bill?
Because all this is is literally
a map of our city and it shows
not support for this bill, which
is for everywhere in our city.
It covers all of these areas.
This map, I'm assuming, we have
people with maps that can do
this.
I'm guessing if you overlaid
crosswalks, bars, transit
corridors, big box stores,
grocery stores, corner stores,
dark streets, any of those
things would overlap because
what you're seeing is a map of
our city where there are hot
spots that need attention by
apd.
I don't see any data that proves
that a cannabis store nextdore
to a cigar store impacts this.
I'm sorry, I called you
commander.
Your now deputy chief.
I apologize for misremembering.
But the deputy chief has been
clear that there are many
cannabis stores and cigar stores
and tobacco stores all around
the city that do not have calls
for service.
So, I appreciate the map, but
it's really proving my point not
the point of the bill that's in
front of us.
Still would have like to have it
about seven and a half weeks
ago.
I appreciate it.
>>coun. Pe}a: councilor baca.
>>coun. Baca: thank you, MADAM
PRESIDENT.
I'm looking at this map and I'll
take district one as an example.
There are only shops on unser
and coors boulevard zoned to
allow these.
And the rest of district one is
black.
Because of the restrictive
zoning in those areas that don't
allow anything but single family
homes.
I've got three or four metal
shops down the road where it's
hard to get any other husbands
near them.
There's zero chance we could
open a metal shop in that big
black blocks in district one.
Zoning matters lot.
What we allow in certain areas.
In this case, whatever is
already there exists.
You're not taking that away
unless there's bad actor.
In which case, we can see where
those folks are.
Ideally, if you get rid of the
bad actors and the good actors
stay and you don't get new
players in that area.
Over time this gets better.
We use zoning for a ton of
things.
We are always trying to add
zoning ability in our city.
This is one of those.
we have so much restriking
e ing
ing
e ing
ing --
restrictive zoning in the city.
But it appears as if it doesn't
make a difference.
But that's because it's always
that way because of restrictive
zoning.
You can look at this map in a
variety of ways and it's clear
with it's happening.
Those of us that deal with this
on regular basis, I would love
to see this problem get better.
This is one tool.
It's not as if it's either or on
any of these things.
If we use all the tools and
adjust them together they all
get better over time.
It's never an either or with any
of these things.
Thank you.
>>coun. Pe}a: seeing no other
questions before I turn it over
to councilor grout to close.
I'll just add a few things.
First of all, just looking at
this -- the ido and the fact
that we have cannabis and
nicotine retail uses throughout
the ido, I intend to bring back
an ordinance that changes that
to the marijuana.
I don't know that it will pass.
This is exactly why when we had
the cannabis equity fund put in
front of us, I fought really
hard to make sure we change it
to the marijuana equity fund and
this body passed that resolution
because I think it's important
because when it was illegal it
was marijuana, and that's when
we were being incarcerated and
put in jail and it became
popular and legal.
and they changed it to cannabis.
I intend to bring that back for
this.
The marijuana equity fund.
I'm proud we're able to get that
passed.
When we first talked about
opening these cannabis shops,
one of the things -- grace
talked about it during her
commentary.
When we first did this, it was
really going to be the
Mcdonald's of cannabis shops.
And the fact that we fought also
to make sure that it was a free
market and everybody who could
go into business and small
business owners and people that
just cobbled up some money, they
could open up their own
marijuana shop.
Anyway, I think that's important
to say that, yes, the market
somebody else talked about the
market dwindling down.
It's happening.
But at least those people who
weren't the Mcdonald's of the
world would have a shot at
opening cannabis.
These are the same people that
went through all the grief of
marijuana.
And then, to say that.
And we have deputy chief up
here.
And we really should have
planning up here.
This is really a planning issue.
To councilor fiebelkorn's point,
when we're doing restricted
areas, back to the argument when
we first did this to allow
cannabis shops to go wherever
businesses wanted to go, now
this is just going in reverse.
And it's actually going to push
out.
And it does create certain areas
that aren't going to be allowed.
And some of the districts that
already see a dis proportion
proportionate
amount of this will see more.
Although, my argument doesn't
stand so much because I'm proud
of district three because we do
have a lot of cannabis shops
along central.
Working with southwest area
command, they do the partnership
and working with the prt and
doing all those things we need
to do.
Coors and central was bad for a
minute.
We worked hard and they did a
lot of things.
You can see door and central
didn't pop up on that map.
And to the north of central, I
know we have that in councilor
telles's district.
We have that truck stop.
I know there's a lot of issues
there.
But I don't serve that area.
Just to councilor telles's
point, we have the southwest
area command on los volcanes.
That is in your district for
that.
I think I got everything that I
have on my notes.
Yeah, I think we have an
epidemic on our hands.
Everybody wants a solution and
try to figure out how we address
some of the issues.
But I think targeting certain
businesses isn't the answer.
I think we need to do a lot of
proactive approach.
Anyway, again, to look to the
nuisance abatement ordinance
because this is something that
was a tool that we used heavily
at one point.
I think we should bring that
back in a strong way but not as
heavy-handed as we did in the
past.
And I will end with that and go
to councilor grout to close.
>>coun. Grout: thank you, all.
I appreciate the dialogue and
the debate.
It's good.
I have nothing against cannabis
or smoke shops.
I really don't.
I don't frequent them.
That's okay.
I know they have a purpose.
I know that there's good in
them.
I also know there can be issues
with them.
Trying to put a little distance
between them and our officers
and afr and acs, they're all
-- code
enforcement -- they all asked we
do something because there's a
problem.
If this isn't the answer, we'll
keep working on it.
I appreciate everybody that we
worked with.
And it will be okay.
With that, I urge your support.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: no.
>>coun. Fiebelkorn: no.
>>coun. Grout: yes.
>>coun. Lewis: no.
>>coun. Rogers: no.
>>coun. Telles: no.
>>coun. Pe}a: no.
>> fails on a 3-6 vote.
>>coun. Bassan: MADAM PRESIDENT,
o-40 repealing roa1994 chapter
four creating consolidated
accountability and government
ordinance governing the ago
committee office of internal
audit and office of inspector
general.
I move do pass.
>>coun. Pe}a: there's a motion,
and a second by councilor rogers
for o-40.
>>coun. Bassan: I'd like to move
floor substitute.
>>coun. Fiebelkorn: second.
>>coun. Bassan: thank you.
Just to clarify what's in the
floor substitute, I did ask
julia send it out.
It did go out a little bit later
than we wanted.
At the same time we tried to
notify everyone what was in.
I want to review what the
changes are so hopefully you'll
feel comfortable with it.
Most of it -- there are
technical changes.
But after the last fgo meeting
we had a while back, the admin
came to me pointing out some
issues including technical
changes but we found a couple of
other things.
Running down that list, the
definition of waste.
We changed it.
Instead of the wordf buse in
that definition, we say
inefficient use.
There's also a separate
definition for the word abuse.
We didn't want to have that be
confusing.
I say we, I mean me.
Allowing the mayor to review and
comment on proposed and policy
procedures from the ago.
And the council will have to
approve those policy and
procedures presented from ago
while also considering any
comments that the mayor includes
and wants to suggest because
that way there's a little bit of
both sides that could have some
kind of input.
we want it to be consistent with
the other sections.
We made sure to clarify adding
in 15 days to publish reports.
Changing the timeline for
publishing of reports from 15
days to 30 if there's a revised
report from the ig.
Which would allow some more
opportunity for the ig to be
able to make changes and
actually complete that revision.
We would add in the word youth
for sick leave.
Instead of the ig having to
report sick leave to the
committee.
Being at the ago committee is
not -- the ig needs to make sure
to report their significant use
of vacation or sick leave.
The office, both the ig and ia
office can select out could
counsel in consultation with the
city attorney.
If the city attorney is to
provide a list of different
outside legal services and
different options, the office
can choose to select one from
that list.
Or if the office consulted city
legal and they want to pick
somewhere else, that is within
their purview as well, being
they're both supposed to be
independent.
Adding in the certification
verification requirements that
we changed in some of that they
if the auditor and the inspector
general voocertain requirements
that they have to provide,
verifying certification.
And it needs to be within
certain dates.
We made sure to add in the
council can be able to offer a
one-year extension if that
hasn't been completed within
that two-year time frame.
If council decides, but they
don't have to, to change the
term that if any kind of
criminal activity is suspected
that instead of report to the
prosecuting authority, it would
be reporting to the law
enforcement authority because we
cannot skip law enforcement and
go straight to prosecution.
It's law enforcement that should
go to prosecution.
And making sure to add in some
of the attorney-client privilege
requirement changes as well as
some updates to the recruiting
and hiring that be included in
the annual report.
If there are vacancies, whether
it's through A.G.O. -- I'm
sorry, if there are vacancies
between the ig and ia, and
there's been certain times that
have gone by that part of the
annual report coming from the
A.G.O. And ig and ia should
include updates on how the
hiring process has been going
and what has been done to
recruit.
I think I covered it all.
MS. Coulloudon can help if you
have more specific questions.
I open for questions, or I urge
your spoerality
upport.
>>coun. Pe}a: there's a motion
and a second for floor sub.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: back on the bill
as substituted.
Do we have anyone signed up to
speak?
>> thank you, MADAM PRESIDENT.
We have tad.
>> thank you.
My name is tad.
Well, I can see many problems
with this government.
We do not -- city has to come up
with new policy.
Accountability.
Inspector general doing what?
Zero.
And so on.
Nobody can touch it.
We spend this evening discussing
economic development abuses.
Abuses with everywhere with
every nonprofit organization.
And who is controlling
everything?
Nobody from the city.
That's what they need.
That is policy.
Somebody have to step in with
policy.
Council better come up and
somebody have to look at all the
problems.
>>coun. Pe}a: thank you.
That concludes public comment.
Any questions, comments?
Councilor bassan to close.
>>coun. Bassan: MADAM PRESIDENT,
I know -- I would like to
request your permission, if
there is a development of
wanting to reopen conversation,
but seeing it appears the
council doesn't have issues.
Instead of moving deferral, I'd
like to make a motion to suspend
the rules to vote on this at the
same meeting in which it was
substituted.
>>coun. Pe}a: there's a motion,
and a second.
Clarify the motion one more
time.
>>coun. Bassan: motion to
suspend the rules to act upon
the bill at the same meeting
which it was substituted.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
We're now on o-41.
Councilor bassan.
>>coun. Bassan: MADAM PRESIDENT,
I think we're still on o-40.
As substitute.
>>coun. Pe}a: I'm sorry.
Councilor bassan.
>>coun. Bassan: I urge your
support.
>>coun. Pe}a: MADAM Clerk.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: now, we're on
o-41.
>>coun. Bassan: MADAM PRESIDENT,
o-41, amending the whistleblower
ordinance, roa1994 chapter three
article seven.
I move do pass.
>>coun. Pe}a: there's a motion
and a second by councilor rogers
for do pass of o-41.
>>coun. Bassan: MADAM PRESIDENT,
if you will please bear with me,
i don't know if I have ever done
this, but I'm going to read to
you some of the significant
changes or the changes in this
version of the whistleblower
ordinance.
I know councilor telles has one
coming down the pipe to
committee.
I just want to make sure to
clarify for the public's
information as well as the
council's what this one has in
it.
That way it can be, I hope, more
clear for everybody.
Please bear with me.
The general edits are citation
edits and emphasizing that city
employees are the reporting body
to properly report improper
governmental action.
And some of the more
comprehensive summaries are
changing to the reporting
procedures.
This bill makes two substantive
amendments to the reporting
procedures.
First when submitting a
complaint the complainant must
include sufficient facts.
If true, establish the improper
government action occurred.
In addition to the existing
limitation on oig investigations
into discrimination labor law
matters and other matters, the
inspector general shall not
accept complaints related to
retaliation based on status in a
protected class or protected
activity.
Violations related to collective
bargaining agreement matters,
violations of the merit system
ordinance or matters under
investigation by any state or
federal agency.
The other change is changes to
the investigative procedures
section.
It amends several of those.
First it mandates investigations
are conducted in a timely manner
by an independent and qualified
fact finder.
Second, the bill clarifies that
all city employees board
commission and committee members
and elected officials shall
assist the oig in investigation.
Including making them
self-available for interview.
And the inspector MAY decline to
investigate a complaint if the
allegations have been
investigated or adjudicated by
human resources.
Any state or federal agency or
arbitration.
Last, this bill requires in this
section the city to maintain the
secure case management and
tracking system for all
complaints investigated pursuant
to this ordinance.
I have an upcoming amendment to
clarify one of the
technicalities on that.
Under the confidentiality
section it prohibits disclosure
of a complainants identity
without consent.
And when disclosure is
necessary, reasonable advanced
notice shall be provided.
Personally identifiable
information must be protected by
the max misdemeanor extent.
Retaliation section, it directs
employees to submit complaints
in accord once the grievance
resolution procedure.
Unclassified employees MAY
submit complains to their
department director or human
resources.
In either situation, if there
has been a finding of
retaliation against the
employee, it should be remedied
by reversing any disciplinary
action, expunging materials from
the employee's personnel file
and the cao shall determine
whether additional actions shall
be needed to address retaliatory
actions taken.
This clarifies what constitutes
retaliation.
Under the city's action
sections, it requires that
employees know of their
protections granted by the
whistleblower protection
ordinance.
And noticed prepared by the oig,
the city must ensure awareness
of the whistleblower protections
through training onboarding
accessible and contractor vendor
notification.
Additionally, this will impose
the deadline for oig to submit
the report to the city council
within 60 days of the end of
each fiscal year.
We got our first report for the
first time in the city's history
last year.
This is like a tiny thing, but I
think it's important we put a
date so it doesn't get
overlooked by accident.
Those are some of the -- that's
the nuts and bolts of this
whistleblower ordinance update
which has been in the works and
I worked with admin and ig and
legal.
This is part of that process
that we've been going through.
With that, MADAM PRESIDENT, can
I move my more technical
amendment before the other
amendments?
>>coun. Pe}a: sure.
>>coun. Bassan: thank you.
It's right here.
i would like to move amendment
one.
It's in your ipad.
I promise it's really technical,
not too gross.
On page, eight, line three.
Amend the section as follows.
Instead of it saying the city
shall maintain a secure case
management and tracking system,
change it to say the office of
inspector general shall maintain
secure case management and
tracking system.
This is pointed out by the ig.
And our legal team decided that
was probably a more accurate use
of the proper term, not just for
the city to do it.
>>coun. Pe}a: there's a motion,
and three seconds.
I'll take councilor grout's
because she said it first.
Councilor grout.
For floor amendment number one.
Let me write that down.
Any discussion?
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: okay.
We are -- is that -- does that
conclude your items?
>>coun. Bassan: yes.
>>coun. Pe}a: I'm going to move
to councilor telles.
>>coun. Telles: thank you, MADAM
PRESIDENT.
I have three amendments to bring
forward.
I just want -- before I go
forward with these, I want to
thank councilor bassan for
moving forward in her work and
restructuring the institution
here of the whistleblower
ordinance.
These amendments work on the
reporter's side of the same
system.
I think -- just so everyone
knows, to clarify things a
little bit here, councilor
bassan builds the pipes, and my
amendments are the folks who
turn the faucet on.
That is the point here.
I will move with floor amendment
a-2.
Is that correct?
>>coun. Pe}a: yes.
We're on floor amendment labeled
a, it will be floor amendment
number two.
>>coun. Telles: I do want to say
we worked closely with oig.
>>coun. Telles: -- we want to
make sure anyone who is
comfortable and brave and safe
enough to come forward and
report, if they accidently don't
do it in such a way that follows
the procedures specifically,
line by line, because not
everybody knows these, right?
They're still protected.
That is really the point here.
I urge your support.
>>coun. Pe}a: there's a motion
and a second for floor amendment
number two.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: thank you.
We're now on floor amendment,
labeled b, which is floor
amendment number three.
Councilor telles.
>>coun. Telles: thank you, MADAM
PRESIDENT.
This amendment attars the
standard in which retaliation
MAY be established under the
article.
Under this amendment,
retaliation is supported when a
complainant engaged in activity
protected under this article,
and two, adverse action taken
against the complainant factored
in the protected disclosure.
And protected disclosure is
defined within the ordinance
itself.
>>coun. Fiebelkorn: second.
>>coun. Pe}a: there's a motion,
and a second by councilor
fiebelkorn, for floor amendment
number three.
Any discussion?
Councilor bassan.
>>coun. Bassan: MADAM PRESIDENT,
I just want to clarify,
protected disclosure, this
amendment is adding the
definition.
It's not already in the bill.
I thought I just heard it was
already in the bill.
This is adding in the
definition.
>>coun. Telles: I'm sorry.
Thank you.
Yes, protected disclosure,
individual consistent with the
standards and case law
interpreting the new mexico
whistleblower protection act.
That's what it is consistent
with.
The state wising
ing
wisingal --
whistleblower act.
That's is the protected
disclosure.
>>coun. Pe}a: does that answer
your question?
>>coun. Bassan: I guess, I'm
just making sure everyone is
aware this amendment is adding
in that definition.
It's not in the proposed bill.
>>coun. Telles: yes.
I'm sorry if that wasn't
clarified.
>>coun. Pe}a: thank you.
Any other discussion?
Seeing none.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: no.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: no.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes on a 7-2 vote.
>>coun. Pe}a: we're on floor
amendment c.
Floor amendment number four.
>>coun. Telles: thank you, MADAM
PRESIDENT.
This amendment as a provision
that really emphasizes the
identity of a reporting
individual shall be kept
confidential and provides a
reporting individual MAY be
anonymous.
I urge your support.
>>coun. Fiebelkorn: second.
>>coun. Pe}a: any discussion?
Seeing none.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: no.
>>coun. Champine: no.
>>coun. Fiebelkorn: yes.
>>coun. Grout: no.
>>coun. Lewis: no.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> fails on a 4-5 vote.
>>coun. Pe}a: we're now back on
the bill as amended four times.
Amended four times.
Three times?
No?
I have four.
Okay.
And we have another one labeled
d?
>>coun. Telles: MADAM PRESIDENT,
that has been withdrawn.
>>coun. Pe}a: it just got handed
to me.
With that, any discussion by
councilors?
Seeing none.
Councilor bassan to close.
>>coun. Bassan: MADAM PRESIDENT,
I actually have a question about
the protected disclosure.
I realize, just to clarify,
maybe in the upcoming
whistleblower ordinance update,
I believe it's perhaps might be
the people turning the faucet on
without the pipe.
To be something considered
moving forward.
I don't think there's a system
in place for a protected
disclosure in the city.
That probably needs to get built
out now.
With everything else, aside from
that, I urge your support.
>>coun. Pe}a: MADAM Clerk [Roll
call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: we're now on p2.
>>coun. Champine: p2-6-2.
Adoption sent to the voters
proposing to amend article five
of the charter regarding the
appointment removal and
independence of the city
attorney and city clerk.
I move for do pass.
>>coun. Pe}a: was there a
second?
There's a motion, and a second
by councilor fiebelkorn.
For p-2.
Councilor champine to open.
>>coun. Champine: thank you,
MADAM PRESIDENT.
This is to submit a chart
charter amendment to the
amendment to the voters.
The amendment is basically going
to propose to change the charter
regarding our appointment
removal and independence of the
city clerk and city attorney.
>>coun. Pe}a: thank you.
We'll go to public comment.
We have a couple people signed
up to speak.
>> thank you, MADAM PRESIDENT.
We have francesco followed by
mervin.
>> plenty of ambulance chasers
out there, but the only ethical
professionals with integrity and
good character can be the tip of
the spear of law enforcement,
pulling in over six figures.
Multiple guardrails already
exist, including but not limited
to city policy, and the state
bar that prohibits attorneys
from making misleading and false
statements into the record.
No need for permission from a
king to get rid of bad faith
lawyers.
much as they want to, the
constitution prohibits royalty
from paying unethical attorneys
working for the city after they
loose their license to practice
law.
Cut off the money train, report
them to the state bar, problem
solved.
>> mervin.
I believe that concludes
comment.
>>coun. Fiebelkorn: I move floor
amendment number one.
This is addition into both page
three, line ten, and page four
line eight.
It says the mayor MAY remove the
city attorney or the city clerk
at any time with notice to the
council and interim city
attorney.
The council MAY remove city
attorney with notice to the
mayor and city attorney by an
affirmative vote of 7 members of
the council.
>>coun. Pe}a: there's a motion,
and a second by councilor
telles.
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
This is really just clarifying
when these appointed positions
can be ere mufb
removed and by whom and
making sure city council has a
path there.
Sdmrp okay.
I was
.
>>coun. Pe}a: I was trying to
read the amendment.
I'm sorry.
I'm catching up.
Any discussion on the amendment?
No?
Councilor fiebelkorn.
>>coun. Fiebelkorn: urge your
support.
>>coun. Pe}a: MADAM Clerk.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: we're now on floor
amendment -- not labeled in your
packet -- this is floor
amendment number two.
Councilor fiebelkorn and
councilor champine.
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
I think there's confusion on
this.
I want to make sure we're
getting two up on the screen.
>>coun. Fiebelkorn: great.
Thank you.
Floor amendment number two.
It's now on the screen.
Basically, this removes the
language that had city council
participating in the appointment
of the city attorney and city
clerk.
It takes us back to the mayor
doing his thing and interviewing
folks and doing hr, which is not
our job.
And bringing that appointment to
council for approval by majority
of us.
Two-thirds of the entire
membership.
This is really getting us away
from hr, which has been the
problem that I have heard from
the administration as well as
from other folks.
I am happy to answer any
questions.
>>coun. Pe}a: any questions?
>>coun. Champine: thank you,
MADAM PRESIDENT.
It's not really a question as
I'm co-sponsor, I will second
it.
I know we haven't had a second.
>>coun. Pe}a: there's a motion,
and a second by vice PRESIDENT
Champine.
>>coun. Champine: when I started
going through this charter
amendment and the idea of what
this was, I was very thankful
for the fact that councilor
fiebelkorn reached out and said,
hey, can we sit down and talk.
I'm going through it and I have
a few questions.
We sat down.
Discussed the questions we had.
And then actually came back
again and said here I have a
couple of ideas that might
necessarily improve it.
This is a good collaboration.
She pointed out a couple things
that said this might work better
than the way written right now.
Seconding it, but I also urge
your support with it in the
sense of knowing it wasn't
one-sided.
This is a collaboration between
the two of us which was awesome.
>>coun. Fiebelkorn: MADAM
PRESIDENT, I'm sorry.
I think we had the wrong one up.
Show the one labeled d in the
printout in front of us, please.
>>coun. Pe}a: I have a hard time
seeing that far.
It didn't coincide what I was
looking down with.
>>coun. Fiebelkorn: I apologize.
Even with my new glasses I can't
see that far.
>>coun. Pe}a: I know you're
writing your own amendments --
that's it.
Go to the top.
it says amendment b.
Out of courtesy, if you're
writing them independent of the
staff, if we can put up d on
that liable.
And did you give explanation on
the bottom?
It's just helpful.
>> MADAM PRESIDENT.
>>coun. Champine: MADAM
PRESIDENT.
>>coun. Bassan: I was looking at
r-30 amendment packet.
Not the p2.
My fault.
I apologize.
>>coun. Pe}a: I'm like this is
what I have.
>>coun. Champine: we are on
p-2-62.
>>coun. Pe}a: with that, any
discussion?
Seeing none.
Councilor fiebelkorn, councilor
champine.
>>coun. Fiebelkorn: urge your
support.
[Roll call].
--
>>coun. Pe}a: second by
councilor champine.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: we're now on floor
amendment that actually is
labeled c on the top right-hand
corner.
It will be now floor amendment
number three.
Councilor fiebelkorn and
councilor champine.
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
We're going to put this one up
on the screen.
This one basically just says
that in both -- on page three,
line ten, page four line eight,
interim appointment cannot last
for more than 270 days.
I'm making sure that it looks
like -- that is it.
I'll move that amendment.
>>coun. Pe}a: there's a motion,
and a second by councilor telles
for floor amendment number
three.
Any questions?
Councilor rogers.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
Just a quick question.
270, how did we arrive at that
many days?
>>coun. Fiebelkorn: thanks for
the question, councilor.
That is consistent with the rest
of the charter.
Since it was already being used
elsewhere, we decided to use it
here.
>>coun. Rogers: thank you.
Just wondering if the admin is
good with the 270 days?
>> MADAM PRESIDENT, councilor,
the consistency is useful in the
charter.
>>coun. Pe}a: councilor
fiebelkorn and councilor
champine to close.
>>coun. Fiebelkorn: urge your
support.
>>coun. Pe}a: MADAM Clerk.
[Roll call].
Sgrb
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes unanimously.
>>coun. Pe}a: we're now on floor
amendment labeled d in your
packet on the top right-hand
corner.
It will be floor amendment
number four.
Councilor bassan.
>>coun. Bassan: MADAM PRESIDENT,
I'm not moving that one.
Thank you.
>>coun. Pe}a: we have p-2 as
amended three times.
Correct?
Okay.
Any discussion?
Vice PRESIDENT Champine to
close.
>>coun. Champine: I urge your
support for this one.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: no.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: yes.
>>coun. Rogers: no.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> passes on a 6-3 vote.
>>coun. Pe}a: okay.
We're now on to -- oh, companion
bill.
R-30.
Vice PRESIDENT Champine.
>>coun. Champine: thank you,
MADAM PRESIDENT.
R-2-630 is the companion bill to
the p-bill.
Adopting the proposition to be
steent the voters at the next
election.
Concerning amendment to article
five section four of the
albuquerque city charter.
In regards to the city clerk and
city attorney.
This is providing the form of
question and designated clause
for such question.
I make a motion for do pass.
>>coun. Pe}a: there's a motion,
and second by committee of the
whole chair grout.
Vice PRESIDENT Champine to open.
>>coun. Champine: one second,
MADAM PRESIDENT.
>> we have francesco signed up
to speak.
>> just because you can do
something doesn't mean you
should.
How many lifetimes would you
need to forgive someone who knew
you were innocent but broke the
law to cover up having broken
the law while tampering with
evidence to put you in jail for
the crimes they committed?
I pray for theimate release of
public records in the matter of
mayor keller's illegal wall.
Get your affairs in order.
There's no statute of
limitations on conspiracy.
Otherwise, known as organized
crime.
Sooner or letter, the rule of
law will come for you.
Turn yourself in.
MAY GOD for mercy on your soul.
>> that concludes comment, MADAM
PRESIDENT.
>>coun. Pe}a: thank you.
Councilor champine.
>>coun. Champine: thank you,
MADAM PRESIDENT.
Just as the p bill.
The companion part is changing
the hiring interest the city
clerk and city attorney to be
selected from a committee
composed of two from the mayor
and two from the city council
and they should make
recommendation to the full
council.
Again it clarifies the mayor and
committee will recommend to
council the appointee to fill
the city clerk vacancies within
90 days of the mayor's first
term and successive term as
mayor or upon vacancy of either
one of the offices.
Again, myself we wrote this -- I
wrote this up and we have some
amendments coming forth that I
teamed up with councilor
fiebelkorn.
>>coun. Pe}a: we'll go to the
floor amendments labeled a.
That will be floor amendment
wbnen.
Councilor fiebelkorn and
councilor champine.
>>coun. Fiebelkorn: these are
pretty repetitive from the last
one.
Floor amendment number one is on
page three, line 12, on page
four line ten, we just add in
the language that says that both
the mayor or city council can
remove interim city attorneys.
>>coun. Pe}a: there's a motion
and second by committee of the
whole chair grout.
Any questions?
Seeing none.
Councilor fiebelkorn to close.
>>coun. Fiebelkorn: urge your
support.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Lewis: --
>>coun. Pe}a: he's excused.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes on an 8-0 vote.
>>coun. Pe}a: we're now on floor
amendment labeled b in your
packet on the right-hand corner.
It will be floor amendment
number two.
Councilor fiebelkorn and vice
PRESIDENT Champine.
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
I'm going to move floor
amendment number two.
Which for both the city attorney
and city clerk clarifies the
beginning of the mayor's term,
whether the first term of new
mayor or second term of the
mayor or -- the mayor shall 90
days to appoint to council fill
the position.
>>coun. Pe}a: motion and a
second by committee of the whole
chair grout.
Councilor fiebelkorn and vice
PRESIDENT Champine to close.
>>coun. Fiebelkorn: urge your
support.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes on an 8-0 vote.
>>coun. Pe}a: we're now on floor
amendment labeled c.
It will be floor amendment
number three.
Councilors and -- councilor
fiebelkorn and councilor
champine.
>>coun. Fiebelkorn: I'll move
floor amendment number three.
Page three line 12 and page four
line ten, clarifies both city
attorney and city clerk can be
interim for a total of 207 days.
>>coun. Pe}a: motion and a
second by councilor grout.
any discussion?
Councilor fiebelkorn and vice
PRESIDENT Champine to close.
>>coun. Fiebelkorn: urge your
support.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Rogers: yes.
>>coun. Telles: yes.
>>coun. Pe}a: yes.
>> passes on an 8-0 vote.
>>coun. Pe}a: we're now on floor
amendment labeled b.
It will become floor amendment
number four.
Councilor bassan.
>>coun. Bassan: I'm not going to
move that, MADAM PRESIDENT.
>>coun. Pe}a: okay.
We'll dispose of that.
We're back on the bill as
amended three times.
Back too
-- any questions,
comments?
Councilor champine to close.
>>coun. Champine: thank you,
MADAM PRESIDENT.
Just, again, to reemphasize like
with had
p-bill, and r is the
companion bill.
Certain situations took place in
the past that promoted this idea
of ensuring there's an
independence between the city
attorney and city council and
the mayor's office and changing
the hiring procedure to this
committee to present to the
council as wales -- well-as the
city clerk but clarifying the
times that the city attorney and
city clerk need to be appointed
with an interim deal.
It's really trying to mandate
the city attorney and city clerk
have an employment agreement
with the city that the mayor can
terminate as well as the council
can terminate based on a certain
number of votes and because of
actions.
This also establishes the city
attorney accountable to both but
independent to the mayor and
mayor's office and city council
office as it should be and is
not part either of the executive
branch ear the city council.
It promotes independence of the
city clerk and city attorney not
only have the freedom to
represent both entities of the
government, but also is account
to both entities of the
government in a very well
balanced checks and balances.
With that, I urge your support.
.
>> MADAM PRESIDENT, I apologize
for the interruption.
I just want to make sure we're
ticking all the procedural boxes
for the resolution.
The charter requires when we
have a p-bill going to the
ballot that gets amended, the
city attorney reviews the
language contained in the
summary on the resolution to
ensure it is still consistent.
This is the opportunity before
we take a final vote.
>>coun. Champine: I know the
procedure I didn't know when to
clarify that.
We would need to check with the
city attorney to make sure both
match based on the amendment?
>> I recommend we do that before
we vote.
If there are any edits we can
make those before we make the
final vote on the bill.
>>coun. Champine: I think she
has to go over it now?
>>coun. Pe}a: can we defer it?
>>coun. Champine: we cannot
defer it in the time.
>>coun. Pe}a: that's lot of
pressure to read all that right
now.
Okay.
>>coun. Champine: make a motion
to table while the attorney
reads it over it based on the
amendments that both the p-bill
and r-bill match.
>>coun. Pe}a: there's a motion,
and second by councilor grout to
table this item, which is r-30.
Until our city attorney had an
opportunity to read the bill.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: no.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Rogers: no.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> passes on a 5-3 vote.
>>coun. Pe}a: okay.
We'll move on to --
>>coun. Champine: MADAM
PRESIDENT.
I need to suspend the rules.
I make a motion to suspend the
rules to extend the meeting
until 12:30.
>>coun. Pe}a: motion, and a
second by councilor grout to
tengsd the [Roll call].
>>coun. Baca: yes.
>>coun. Bassan: no.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Rogers: no.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>>coun. Bassan: MADAM PRESIDENT,
I'll make a motion for
reconsideration.
>>coun. Pe}a: there's a motion.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Rogers: no.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> passes on a 6-2 vote.
>>coun. Bassan: MADAM PRESIDENT,
I make a motion to suspend the
rules to extend the meeting
until 12:30.
>>coun. Pe}a: there's a motion
and a second by councilor grout
to extend the meeting to 12:30.
[Roll call].
>>coun. Baca: yes.
>>coun. Bassan: yes.
>>coun. Champine: yes.
>>coun. Fiebelkorn: yes.
>>coun. Grout: yes.
>>coun. Rogers: no.
>>coun. Telles: yes.
>>coun. Pe}a: no.
>> passes on a 6-2 vote.
>>coun. Pe}a: okay.
>>coun. Rogers: MADAM PRESIDENT,
if there's no one online we
don't have to continue roll call
anymore, correct?
Just want to make sure.
>>coun. Pe}a: correct.
Councilor baca.
Are we on that one?
Yes, we are.
R-56.
>>coun. Baca: MADAM PRESIDENT,
r-56, amending adopted capital
im
imalism
im
imimplementation program.
I move do pass.
>>coun. Pe}a: there was a
motion.
Was there a second?
Second by councilor fiebelkorn.
councilor baca to open.
>>coun. Baca: thank you, MADAM
PRESIDENT.
This is the administration's
request.
If they have anything to say, I
open the floor to DR. Sengel.
>>coun. Pe}a: okay.
>> MADAM PRESIDENT, I apologize.
I was sleeping.
I want actually.
But I was reading.
This item is -- I apologize.
>>coun. Pe}a: I don't know that
you need to open, open.
I think we're good.
>>coun. Pe}a: I'll go to
questions by councilors.
You have an amendment?
Okay.
Councilor rogers.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
I'd like to move floor amendment
a, or number one.
R-26-66.
Page one, line 26, insert the
following.
Section 2, the following project
scope is changed.
Project title district six food
security source of the 25 go
bond.
These changes add a project to
provide rez
sident of city council
district six with a facility or
locations to grow fresh fruit
and vegetables.
I urge your support.
>>coun. Pe}a: is there a second?
There's a motion, and a second
by councilor grout for a floor
amendment number one.
Any discussion?
>>coun. Champine: thank you,
MADAM PRESIDENT.
Just a point of clarification.
Is the city providing the land?
>>coun. Rogers: thank you, vice
president champine.
We're planting on different city
location like community centers
that already have gardens and
also parks.
We put council district six.
The money was in youth and
families, but we needed to put
them at city locations we
already have planned that exist.
>>coun. Champine: perfect.
Thank you for that.
>>coun. Pe}a: does this come
with the same time frame to get
it done?
>>coun. Rogers: yes, MADAM
PRESIDENT.
It would be included -- I didn't
change the substance of the bill
for the timeline change.
We do have a timeline for the go
bond already.
>>coun. Pe}a: okay.
[Roll --
>>coun. Pe}a: all those in favor
of floor amendment number one,
say yes and raise your hand.
We are back on the bill as
amended.
Councilor baca.
Questions from councilors?
No.
>>coun. Baca: I urge your
support.
>>coun. Pe}a: all those in favor
of r-56, say yes and raise your
hand.
Opposed, same motion.
Motion passes unanimously.
We're now on r-57.
Dedicating state capital outlay
funds to specific projects and
spaces and requiring council
approval of changes.
I have to apologize, councilor
rogers, I thought this -- I'm
getting tired -- in this actual
bill.
I would have voted yes.
We can't change it now.
i would have voted yes.
Councilor fiebelkorn.
--
>>coun. Fiebelkorn: I move do
pass.
>>coun. Rogers: second.
>>coun. Pe}a: there's a motion
and second by councilor rogers
for do pass of r-57.
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
I did not want to propose this
bill.
I still don't want to pass it.
I have gotten to the point where
I cannot get projects completed
in my district.
The administration just will not
work with me.
I have been in office for four
and a half years.
I have gotten one road capital
outlay state project completed
in four years.
My breaking point came when
capital outlay amount of money
that I raised quite a few years
ago, and it's very clearly
supposed to be for three
projects and the administration
has repeatedly used for
different project mchdz despite
the fact that I'm willing to
raise the money and I'm the one
that talks to legislators and
promised what the money is going
to be spent on.
That followed up with another
project that they changed the
place they're going to be
implementing something without
any discussions with me.
I just don't think this is good
government.
I do appreciate the call from
the cao today.
So, I am going to go ahead and
move the amendments and get
things going.
And I'll move for deferral.
if the cao was honest about what
she said in the call which is
she's going to work with the
city councilors that raised this
money to get projects completed
in city council districts.
If that is the promise that is
made on this dais, I will move a
deferral to see how much we can
actually get done before we hear
this bill again.
I would like to first move the
amendment to get the bill ready.
>>coun. Pe}a: thank you,
councilor fiebelkorn.
I actually only have one
amendment.
Councilor rogers.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
This will be amendment on page
two, after line 23, add and
amend section one as follows,
albuquerque teen recreation
center.
Same thing.
Just want to make sure this is
as intended.
And so, just add additional
state capital projects that was
already approved by state.
Worked with MR. Whelan and think
we can do the same thing.
Get to a good resolution before
our next council meeting.
I urge your support on the
amendment.
>>coun. Pe}a: we need a motion.
>>coun. Rogers: thank you.
I move the amendment.
>>coun. Pe}a: there's a motion,
and a second by councilor
fiebelkorn for floor amendment
number one.
All those -- councilor bassan.
>>coun. Bassan: MADAM PRESIDENT,
I know that I received -- I
believe it went to all the
councilors regarding a potential
for separation of powers issue.
i'd like to ask for
clarification on that.
In addition, because of that, I
struggle to -- it's not personal
to anybody, but if there's a
risk of separation of powers
issues that I could potentially
see this being, but I'd love to
hear from the city attorney
before I end up voting on this
amendment or the bill.
>>coun. Fiebelkorn: if I can
clarify, there are two
amendments coming up that
address the separation of powers
issue.
>>coun. Pe}a: okay.
We'll --
>> yes, we did receive a message
identifying two potential
separation of powers issues.
And I'll defer to the city
attorney if I say anything
incorrect based on that
analysis.
There could be an issue with
giving a deadline to complete a
work order of SEPTEMBER 30th.
And then, an issue with section
two of the bill which would
require approval by the
councilor whose district a
project is located in to pursue
a change to the project scope.
And the issue raised there was
that the initial project is
approved by the council as a
body and that can be changed
with consent from one councilor.
As councilor fiebelkorn
mentioned, there are amendments
later on in the ipads that
weren't printed out because we
couldn't get to them before we
got this analysis.
But we can talk about those
further when we get to those.
>>coun. Bassan: I guess have a
follow-up question.
Do those amendments relate to
this particular amendment that
we're currently discussing as
well?
>>coun. Pe}a: I didn't hear an
answer.
That was a yes?
>> MADAM PRESIDENT, the
amendment that is by councilor
rogers is separate from the ones
drafted by the response from
notification from city legal
today.
>>coun. Rogers: thank you, MADAM
PRESIDENT.
I just kept the exact same scope
that was approved by the state.
So, we're not trying to --
there's no -- I don't think
separation of powers -- I'm
trying to make sure the word I
gave to my legislator of how we
spend this money.
I'm not doing it for all the
capital we have at the city in
my district, just the ones I
asked my legislators for funding
for to make sure it gets spent
in that way.
>>coun. Pe}a: any questions or
comments?
I'll just say that, yeah, I
voted wrong on the last bill.
This one, I just can't support
it.
I'm glad to hear you're asking
for two week deferral to figure
this out.
This bill asks for projects in
districts.
I know I have similar concerns
in my area and I would actually
do an amendment to this add to
my projects to it as well like
every other city councilor would
do that and that would bog down
the whole -- I don't know if
that's good government to do
that.
I can't support the amendment or
the bill, but I'm glad to hear
it looks like there's going to
be discussion and maybe some
kind of concession.
With that, if there's no other
questions -- all those in favor
of floor amendment number one
raise your hand and say yes.
Oppose, no.
That motion passes on a 6-2.
Now, we are back on r-57 as
amended.
And are there any questions?
>>coun. Fiebelkorn: I have
additional amendments.
>>coun. Pe}a: oh, you do?
There's more amendments.
I'm sorry about that.
I just don't have them in front
of me.
>>coun. Fiebelkorn: if they can
pull those up please.
While ware we're waiting I think
the
the up of times spent lobbying
today would have -- this is
floor amendment number two to
r-26-57.
And it deletes the requirement
for work order for the one
project that unfortunately will
not be completed by this date.
And unfortunately that means a
project that is funded in 2023
will have a contract expire and
you'll have to get a new
contract and the price will go
up again.
But, given the administration's
time today to figure out what is
a separation of power rather
than moving the project forward,
I'm happy to delete that line.
I move that amendment.
>>coun. Pe}a: there's a motion,
and a second, for floor
amendment number two.
The second was by councilor
rogers.
Any discussion?
>>coun. Fiebelkorn: I urge your
support.
>>coun. Pe}a: all those in favor
of floor amendment number two,
raise your hand and say yes.
Opposed?
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
I have an additional floor
amendment.
Number three.
And this changes the wording
from the individual city
councilor representing the
district to prior approval by
the city council because I know
that no city councilor up here
on the dais would interfere with
what's going on in my district
just like I wouldn't afear with
what's going on in their
district
district.
Projects I raised money for from
state legislators with promises
of specific think
gs in my
district that would get done.
I urge your support for floor
amendment number three.
>>coun. Pe}a: did we make a
motion on that?
>>coun. Fiebelkorn: I motioned
and councilor rogers just
seconded.
>>coun. Pe}a: there's a motion
and a second by councilor rogers
for floor amendment number
three.
Is there any discussion?
Seeing none.
All those in favor of floor
amendment number three raise
your hand and say yes.
Opposed, no.
Motion carries unanimously.
We're back on the bill as
amended.
>>coun. Fiebelkorn: before I
close, I'd like to hear from the
cao to get the promises that
were made on the phone today on
the public record.
And make sure that there's going
to be some movement on some of
the projects before the next
meeting because I do believe
despite of all of the phone
calls, I can get this bill
passed and get the money spent
the way I want it spent.
>> MADAM PRESIDENT, councilor
fiebelkorn, we had a
conversation today by phone
discussing the items -- the
projects listed in here and some
of the concerns that were raised
and addressed through
amendments.
I made that commitment to you
today to work on those projects
to move them forward and get us
moving long.
You and I talked about the
specific median project that had
the date in it, which we had the
debate of the conversation
related to the department's
selection of medians within that
scope based upon the demand and
need for specific improvements
and conditions being weighed.
And the department weighing
conditions of the ones
identified were severely worse.
We had that conversation as well
around the pricing changes that
occur when we delay and how we
can think through getting these
projects done.
I think I -- because I want to
make sure I say it on the
record.
I support the department's
prioritization of the medians
that were without water, without
irrigation, and without the
needs for that area and
understand that we're going to
work together to get the
projects moving and moving as
quickly as we can.
I couldn't promise the date, but
we'll move the project along in
the medians.
>>coun. Fiebelkorn: I just want
to clarify, in this bill it's a
very specific section of the
medians that will be moved
forward.
If you're not willing to commit
to that, I'm not going to move
deferral.
I'm just going to pass the bill.
Are we going to work on the
project that I have promised the
community and the state capital
outlay providers?
>> what I said to you this
morning is we moved forward on
those that you announced.
>>coun. Fiebelkorn: it's going
to be what is in this bill that
we're going to be working
together on.
I want to clarify there are two
items in there for councilor
rogers and I expect those would
be considered part of this bill
and movement on those projects
would also happen.
>> MADAM PRESIDENT, councilor
fiebelkorn, I believe that we
are working on those projects
actively right now.
I have no concern about those.
>>coun. Fiebelkorn: and lastly,
I want to, again, say how
incredibly frustrating it is to
be accused of stealing by staff
and I appreciate that you said
that was wrong, but I think you
need to do more to clarify with
staff how capital outlay works
and when a city councilor up
here goes and gets capital
outlay money and they wanted to
be used for what they promised,
that is not stealing.
In any way, shape or form.
And the idea that was said and
backed up by a department
director is unconscionable and I
don't expect it to happen again.
>> MADAM PRESIDENT, councilor
fiebelkorn, as we said today, I
felt that the words -- the word
of stealing was definitely
inappropriate use of that word.
And I can't speak to exactly how
it was discussed.
As I said, I apologize for that
choice of words.
>>coun. Fiebelkorn: thank you.
Given this commitment on the
record by the cao to move
something forward in district
seven, and so that I can report
back to my constituents that
I've gotten more than one
project finished in four and a
half years, I'll move deferral
for two weeks.
>>coun. Pe}a: there's a motion
and a second for deferral.
[Inaudible].
>>coun. Grout: thank you, MADAM
PRESIDENT.
I appreciate you bringing this
forward.
And also deferring it.
My question is, respectfully, is
this going to push our projects
to the side?
>> MADAM PRESIDENT, councilor
grout, I think our department is
incredibly capable of managing
projects.
I know that we are all
frustrated with many projects
taking longer than we wanted.
I think we had a conversation, I
can't remember which councilor,
around the ordering and backlogs
we've had.
I've also had conversations
about the ways in which we can
provide updates on projects and
I think that we have had
improvement in that space with
other staff attending meetings.
we're open to thinking through
other ways to continue to give
updates.
I would like to move projects
just as fast as anyone of you
councilors.
I might be one of the most
impatient people in regards to
getting projects moving and
getting things done.
I'm moted in the same way.
I can't promise you what this
actually impact is for any
project.
Does that make sense?
I can promise you we're paying
attention to all of our projects
and moving forward.
My commitment to councilor
fiebelkorn today was to look at
the projects in her district and
make sure we aren't unbalanced
in where we're getting work
done.
>>coun. Grout: MAY I follow up?
Can you get me a timeline of
when the roads that have been
announced that they would be
surfaced in my district.
I've asked for that a few times
and I haven't gotten it.
>> MADAM PRESIDENT, we'll
provide an update for you.
>>coun. Grout: thank you.
>>coun. Pe}a: before we go to
it -- I will add a couple
comments.
The first one is the same that
councilor grout just asked.
My projects are moving -- we're
moving these up or around, and I
don't know where they fall.
Is that going to delay my
projects?
If that's the case, I'd like
some surety that's not going to
happen.
If that's going to happen I'll
have some of amendments to add
to this as well.
i think some of the comments are
threatening to holdia
ia
ia you to a
certain standard and using you
have the votes here.
That goes against quorum issues.
I don't think that anybody of us
can rely and say you do this
because I have the votes.
I think that's a very concerning
language to be used.
I understand the councilor.
I am there.
I have projects.
It's road paving.
Yeah, that's very alarming to
me.
Anyway, there's a motion --
councilor fiebelkorn to close.
>>coun. Fiebelkorn: thank you,
MADAM PRESIDENT.
I stand by everything I said.
Today is the first time I've
gotten actually updates on
projects and movement forward.
If this is what it takes to get
something done for my district,
I will do it again and again.
I do urge your support for the
deferral.
And I hope that we can withdraw
the bill when we come pack.
-- back.
That remains to be seen.
>>coun. Pe}a: motion and second
for two-week deferral.
All those in favor say yes and
raise your hand.
Passes unanimously.
I think we need a motion to
untable.
>>coun. Champine: I make a
motion to untable r-26-30.
>>coun. Pe}a: there's a motion
and a second to untable r-30 by
councilor rogers.
Vice PRESIDENT Champine.
Any discussion?
Seeing none.
questions?
All those -- no?
>>coun. Bassan: I have a
question.
I thought that the reason we
tabled it was because why need
the city attorney to approve
whether or not it was accurate
or not.
>>coun. Pe}a: correct.
We had to untable the bill.
>>coun. Bassan: thank you.
>>coun. Pe}a: we're all getting
tired.
Our first meeting back and not
being up like this, I think it's
taking a toll on all of us.
All those in favor of untabling
r-30, raise your hand and say
yes.
Opposed, same motion.
Motion passes unanimously.
Vice PRESIDENT Champine.
>>coun. Champine: I do believe
our city attorney has reviewed
both p-bill and r-resolution and
confirmed they're matching and
good to go.
I'll look to her for
confirmation.
>> MADAM PRESIDENT, that's
correct.
I met with MS. Coulloudon to
discuss amendments that would
streamline this process to
eliminate the need for both the
resolution and p-bill.
Including eliminating the
summary itself which is actually
no longer necessary in
conforming to state law.
I think we should move forward
with those and make it easier on
the council.
>>coun. Pe}a: we have
confirmation.
Vice PRESIDENT Champine, if
there's no questions from
councilors, vice PRESIDENT
Champine to close.
>>coun. Champine: I urge your
support.
>>coun. Pe}a: we are now on the
final passage of r-30.
All -- as amended.
Three times.
All those in favor say yes and
raise your hand.
Opposed, no.
I meant to say no.
That's how tired I am.
I'm a no.
5-3.
There being no further business,
this city council meeting is