[0:26] >>coun. Pe}a: welcome, everyone. [0:29] Today is AUGUST 3rd, 2026. [0:32] The 15th meeting of the 27th [0:33] council will come to order. [0:35] All councilors are present this [0:36] evening with councilor lewis [0:38] joining via zoom. [0:39] Next we're on a moment of [0:44] silence followed by the pledge [0:46] followed -- moment of silence [0:47] followed by the pledge. [0:59] I'm sorry. [1:00] >> I pledge allegiance to the [1:02] flag of the united states of [1:04] america, and to the republic for [1:07] which it stands, one nation [1:09] under GOD, indivisible, with [1:27] liberty and justice for all. [1:38] >>coun. Pe}a: welcome back, [1:38] everyone. [1:39] Vice PRESIDENT. [1:41] >>coun. Champine: thank you, [1:41] MADAM PRESIDENT. [1:43] Civic plaza parking passes are [1:47] provided for members of the [1:47] public. [1:51] You can obtain them near the [1:52] entrance. [1:53] You can view this meeting in [1:55] person and live streams through [1:57] four different platforms, govtv [1:59] comcast channel 16. [2:00] The govtv website, you up to and [2:01] zoom webinar. [2:03] The live streams can also be [2:05] accessed from most smart phones [2:07] tablets or computers. [2:10] This meeting is closed [2:11] captioned, you MAY enable the [2:13] closed captioned services at [2:13] this time. [2:15] The recording of this and all [2:17] meetings will remain viewable [2:20] for meetoth the city council [2:20] website. [2:23] Council staff is available via [2:25] telephone if you need help [2:26] finding the videos. [2:30] Call 505-768-3100 for assistance [2:32] during normal business hours [2:35] monday through friday, 8:00 A.M. [2:37] To 5 P.M. The council will take [2:39] a break at 7 P.M. If needed. [2:43] We want tonight's proceedings to [2:46] be as civil and respectful as [2:46] possible. [2:48] No personal attacks, and no [2:51] applause, snapping or other [2:52] outburs during the meeting. [2:54] The PRESIDENT Will provide one [2:55] warning to anyone causing this [2:56] disruption. [2:58] Upon a second or continued [2:59] disruption, that individual will [3:01] be asked to leave the chambers [3:02] and if necessary security will [3:04] be asked to escort that person [3:05] out of the chambers. [3:06] Such removal from the city [3:08] council chambers will be [3:09] effective for the remainder of [3:12] the meeting. [3:15] If the disruption occurs, the [3:16] PRESIDENT MAY recess until order [3:19] is restored and if necessary [3:21] clear the chambers of the people [3:22] participating in the [3:22] disturbance. [3:24] The meeting will go smoother if [3:26] we are respectful of one [3:26] another. [3:28] Tonight, council staff received [3:30] over 70 public comment sign ups [3:32] for the meeting. [3:34] Pursuant to the rule of [3:34] procedure, public comment will [3:36] be reduced from two minutes to [3:38] one minute to allow everyone [3:39] time to speak. [3:42] Please begin editing your [3:44] comments to fit within this time [3:44] frame now. [3:45] Councilors, any questions for [3:48] the admin? [3:51] Councilor grout. [3:53] >>coun. Grout: thank you, MR. [3:54] Vice PRESIDENT Champine. [3:57] My questions are for our [4:01] legal -- city attorney. [4:03] ms. Keefe, in the past several [4:06] months the council, through our [4:08] counsel, have reached out to the [4:11] city attorney's office for [4:13] updates in different matters [4:14] which this council has been [4:15] involved. [4:16] Answers to these questions were [4:18] delayed for months, and when our [4:20] counsel reached out again you [4:22] responded if questions they [4:25] should reach out to me directly. [4:28] This isn't really how we've done [4:29] things. [4:30] Council has staff that is used [4:32] to act on our behalf and help us [4:33] to do our job. [4:36] When our staff or our council [4:38] reaches out we expect the city [4:39] attorney understands this [4:42] request is coming from us and [4:43] respond appropriately, [4:45] professionally and in a timely [4:45] manner. [4:48] Based on this, I have several [4:49] questions. [4:53] Why is there pushback to [4:54] councillor questions about [4:56] pending litigation? [4:58] If your decisions give rise to [5:00] litigation, we deserve to know [5:02] how the cases are proceeding. [5:03] >> council PRESIDENT, councilor [5:06] grout, in the past up until this [5:08] year, when councilors had [5:09] questions they have approached [5:12] me directly. [5:13] This isn't new. [5:14] I have concerns about this [5:15] procedure. [5:18] I do think it is better if I am [5:21] able to engage with councilors [5:22] directly. [5:25] In order to facilitate [5:26] communications between council [5:30] and legal I asked to set up [5:33] for -- sometime ago, I don't [5:35] remember exactly how long, those [5:37] were no longer scheduled. [5:39] That was not at my request. [5:42] i think there's a perception, [5:43] that's not at my request. [5:45] My perception is they're [5:46] cancelled. [5:48] I would be happy to continue [5:49] communication with council. [5:51] I would very much want to [5:52] continue communications with [5:54] council and provide updates. [5:56] I was hoping to provide more of [5:58] a written update during the [5:59] break. [6:02] I do apologize for the delay. [6:05] It is my intent to continue [6:07] communications with council. [6:12] I think as has happened in the [6:14] first four years I've been here, [6:15] I think communication should be [6:17] between my department and [6:18] councilors. [6:20] >>coun. Grout: okay. [6:21] How do you process requests for [6:23] information from the council or [6:24] council staff? [6:26] >> so, again, in the four and a [6:28] half years I've been here, we [6:31] get calls for councilors to work [6:32] on ordinances. [6:35] We get call for updates. [6:37] And those are -- if they come [6:39] directly to me, I determine [6:40] whether I'm going to respond or [6:41] whether I'm going to have [6:43] someone on my staff respond and [6:47] I try to get back to them. [6:48] >>coun. Grout: do you have -- I [6:52] think we need a real clear path [6:55] forward and we need to be very [6:56] timely. [6:57] Can we set up a process so that [6:58] does happen? [7:00] >> council PRESIDENT, councilor [7:03] grout, that's exactly what I'd [7:03] like. [7:04] That's what I tried to do [7:05] previously. [7:06] I think there needs to be a [7:07] clear process. [7:09] Including communications in both [7:09] directions. [7:10] >>coun. Grout: okay. [7:15] Thank you. [7:16] >>coun. Champine: councilor [7:16] baca. [7:19] >>coun. Baca: thank you, MADAM [7:19] PRESIDENT. [7:34] This is for director sanchez. [7:35] Thank you, director. [7:37] We had a lot of folks calling [7:40] and emailing about food prices [7:42] going up at the senior have. [7:45] I know during the budget we [7:50] talked about the a la cart items [7:51] were going to be taken off. [7:52] Which we understand. [7:56] I thought we covered no more [7:57] prices were going to be [7:58] increased. [7:58] Can you cover this? [8:00] I know it's not just district [8:01] two hearing this. [8:03] >> MADAM PRESIDENT, councilor [8:04] baca thank you for the [8:04] opportunity. [8:07] I want to give you a little [8:09] perspective on our breakfast [8:10] program in general. [8:13] Our pricing on our breakfast [8:14] program has not been adjusted in [8:15] more than 20 years. [8:16] That's a significant amount of [8:17] time. [8:18] When we dpan [8:22] began we did a fiscal [8:23] analysis. [8:24] Always keeping affordability at [8:26] the forefront for the seniors. [8:28] We did deep dive this program [8:31] how it operated and functioned [8:34] with a la carte items that we [8:34] offered. [8:36] The new menu prices are now as [8:39] low as a dollar to our most [8:45] costly specialty meals of huevo [8:48] rancheros of $5 twice a week. [8:50] Even with adjustments the [8:52] department is subsidizing a [8:54] third of the cost for every meal [8:54] prepared. [8:58] No one can dede [9:00] ny our meals are [9:03] most affordable anywhere. [9:04] Additionally, we are -- just to [9:06] give you an update working on a [9:07] qualifying program for the [9:09] seniors that MAY truly be in [9:11] need and have financial [9:11] hardship. [9:13] That way we can also fully [9:14] subsidize that meal for them. [9:18] That's just the overall update [9:20] on the program and most recently [9:21] on friday from the feedback we [9:23] learned over the last three [9:27] weeks, we did send out a revised [9:30] menu that received very positive [9:31] feedback. [9:32] >>coun. Baca: anybody else? [9:33] I'm good. [9:35] Thank you. [9:36] >>coun. Champine: councilor [9:36] rogers. [9:37] >>coun. Rogers: thank you, MR. [9:38] Vice PRESIDENT. [9:41] My questions are for several [9:42] directors. [9:43] I would love for all of you to [9:46] come up at the same time. [9:51] Director of solid waste, MR. [9:52] Gallegos. [9:52] Transit, keener. [9:56] Code enforcement, either alan [10:00] varela or kiezner. [10:02] Gsb, MR. Duran. [10:04] Parks and rec, MR. Simon. [10:07] Thank you. [10:10] I have several questions. [10:12] I want to do an exploration of [10:16] who is responsible for what in [10:18] our community when it comes to [10:20] cleanliness and litter. [10:23] So, I will ask MR. Cornelius to [10:27] put up some pictures for me. [10:28] This is because I've been [10:31] studying our litter ordinance. [10:33] And I often reach out to [10:34] different departments based on [10:36] things that need to be cleaned [10:37] in my district. [10:39] I just want to run through some [10:41] picture and see who is [10:43] responsible for this in our [10:43] neighborhood. [10:46] Who would be responsible for -- [10:49] what would we do about that? [10:51] >> actually, solid waste would [10:52] pick that up. [10:55] If it was a large item pick up. [10:55] >>coun. Rogers: thank you, [10:57] community members call 311 if [10:59] they see that and you go and [11:01] pick up that mattress? [11:01] >> correct. [11:02] >>coun. Rogers: is there a [11:03] process for community members to [11:05] do that ahead of time before [11:07] they -- this is also education [11:08] for the community, not just us [11:11] to learn about how we do this. [11:14] Bear with me, folks, while we go [11:15] through the fun exercise today. [11:17] >> MADAM PRESIDENT, councilor [11:20] rogers, they call 311 the night [11:22] before the pickup to let us know [11:23] they have a large item pickup. [11:27] >>coun. Rogers: thank you, MR. [11:27] Gallegos. [11:29] This is louisiana going towards [11:30] gibson. [11:33] We have installed barricades for [11:35] bike lanes, but they're trashed, [11:37] as you can see. [11:39] Who would pick that trash up and [11:45] fix that? [11:45] Transit. [11:47] >> MADAM Chair, councilor [11:51] rogers, that's going to be [11:52] dmd. [11:53] >>coun. Rogers: this is exactly [11:56] what I was hoping for. [11:58] >> MADAM PRESIDENT, councilor [11:59] rogers, yes. [12:02] That would be -- if any [12:03] constituent has a concern about [12:06] things that are improperly [12:08] barricaded, I recommend 311 and [12:10] we'll send someone out [12:10] immediately. [12:12] As far as the repairs that are [12:14] needed to the bicycle [12:16] infrastructure, that would also [12:17] be my department. [12:19] That's my traffic engineering [12:19] division. [12:21] Again, 311 is the fastest way to [12:23] get to it. [12:24] Unfortunately, as councilor [12:25] fiebelkorn knows, the faster we [12:27] put up bike infrastructure the [12:29] faster drivers hit it. [12:30] You have to bear with us. [12:32] We're actually looking right now [12:36] at some more albuquerque driver [12:38] safe bicycle infrastructure to [12:40] find out what works here. [12:40] Because sometimes things that [12:42] work in other cities don't work [12:43] here. [12:45] We're working on standard [12:45] specifications. [12:48] Yes, tell us at 311 and we'll [12:49] send folks out. [12:51] Again, the barricading in [12:53] particular we try to get folk [12:55] outz same day. [12:55] >>coun. Rogers: thank you. [12:58] This requires someone to let us [12:59] know it's in this condition. [13:01] I would say from looking at this [13:04] condition it hopefully saved a [13:04] biker. [13:06] To your point, look for [13:08] something that's a little more [13:09] durable so your department isn't [13:11] working [13:11] ing [13:12] ing running around fixing [13:13] this. [13:14] For my district, this adds to [13:17] the disrepair that quite frankly [13:19] I am sick of living in. [13:20] Straight up. [13:22] That's why we're going through [13:23] this exercise today. [13:26] Next picture, MR. Cornelius. [13:26] How about this? [13:29] Trash day, who is in charge of [13:33] this after tracks -- trash [13:34] pickup? [13:35] >> MADAM PRESIDENT, councilor [13:37] rogers, this came from an [13:38] individual's trash can? [13:39] >>coun. Rogers: yes. [13:40] After trash day. [13:42] I watched -- I was out in my [13:44] hood just seeing how it goes. [13:46] I'm always out in my hood. [13:48] And saw them dump it, but there [13:50] was some stuff left over that [13:51] accidently fell out. [13:53] In this case, who fixes that? [13:56] >> actually, we rely on the [13:58] residents to pick up some of the [14:00] trash that's blown out of the [14:01] trash can. [14:04] >>coun. Rogers: oh, got it. [14:08] Public, if it happens that your [14:11] trash bin, it's your [14:12] responsibility. [14:13] >> our drivers are only allowed [14:15] to pick up the trash cans from [14:16] the truck. [14:17] >>coun. Rogers: they're not [14:18] getting out of the car and [14:19] sweeping this up. [14:19] Okay. [14:21] That helps a lot. [14:23] Next picture, MR. Cornelius. [14:24] What about this one? [14:27] This is between a parking lot [14:30] and pizza hut on central and [14:32] wyoming that is now closed. [14:39] Who is responsible for that? [14:40] >> MADAM PRESIDENT, councilor [14:43] rogers, that is code [14:45] enforcement's response. [14:48] For those ones dealing with -- [14:54] we'd have to annotate that. [14:57] That would fall under pizza [14:58] hut's responsibility. [15:00] >>coun. Rogers: thank you, MADAM [15:00] PRESIDENT. [15:02] People have gone because it's [15:02] closed. [15:04] In that case, you tell them and [15:05] leave it like that until they [15:06] come and do it? [15:08] >> councilor rogers, there's a [15:11] process that we hold the [15:15] property owners accountable. [15:16] we follow due process in order [15:17] to do it. [15:19] If the property owner is [15:21] unwilling or unenable to do it, [15:22] there's other measures we employ [15:24] to get the items cleaned up. [15:26] >>coun. Rogers: thank you, MADAM [15:27] PRESIDENT we would leave it like [15:29] this while you go through your [15:31] six to year process? [15:33] Who cleans it in the meantime? [15:35] >> MADAM PRESIDENT, councilor [15:37] rogers, for that one? [15:39] >>coun. Rogers: yeah. [15:41] >> the due process entails, it's [15:42] a two-week notification. [15:43] We allow the property owner time [15:45] to make corrections before we go [15:47] in and institute anything toward [15:49] a lien on the property for [15:50] services rendered. [15:51] >>coun. Rogers: thank you, MADAM [15:51] PRESIDENT. [15:53] You would hire someone to clean [15:54] it up or would you call solid [15:55] waste and we charge them? [15:57] How does that work? [15:58] >> councilor rogers, for that [16:01] for the cleaning, we initiate [16:03] procedures through solid waste [16:03] through the clean. [16:05] The solid waste will initiate [16:07] the clean and get it scheduled [16:09] for the cleanup. [16:11] And we'll bill the property [16:13] owners for the services [16:13] rendered. [16:14] >>coun. Rogers: how long does [16:16] that take, you think? [16:20] >> that one -- [16:21] >> MADAM PRESIDENT, councilor [16:23] rogers, we don't have a backlog [16:24] on the cleaning. [16:26] We try to get to them within [16:28] that week if we can. [16:30] Most of the time, it might take [16:31] another week. [16:32] Because we have some scheduled [16:33] out. [16:33] >>coun. Rogers: okay. [16:35] this is on the list, I hope. [16:37] I have been calling about this [16:38] one for quite sometime. [16:39] >> I have to look at the [16:40] records. [16:43] I really couldn't tell you. [16:43] >>coun. Rogers: thank you. [16:46] Next picture, MR. Cornelius. [16:47] I'm sorry, there's so many. [16:49] I'm trying to stay under the ten [16:50] minutes. [16:51] But there's so much in my [16:53] district that's in disrepair. [16:55] I have so many questions. [16:58] Next one, MR. Cornelius. [16:58] Okay. [16:58] Yes. [16:59] This one. [17:00] This is good. [17:04] This one says, a litter crew is [17:05] at work. [17:09] I only see these trucks on the [17:10] highway. [17:12] Can you tell me if we have any [17:12] trucks like this for the [17:14] neighborhoods? [17:16] >> MADAM PRESIDENT, councilor [17:16] rogers, yes. [17:18] That is a highway truck. [17:20] We do have crews that go through [17:22] the major thoroughfares of the [17:23] city only. [17:25] Unless there's a community [17:28] that's been employed by the [17:28] planning department. [17:30] >>coun. Rogers: thank you. [17:33] How often do those general [17:35] neighborhood litter crews -- [17:36] I've never seen one in district [17:39] six in that truck. [17:41] I put it out trash on monday and [17:42] you get it. [17:45] Is there a predictable schedule [17:46] for that? [17:47] >> MADAM PRESIDENT, councilor [17:49] rogers, it takes four to five [17:50] weeks to cycle in their [17:51] districts. [17:54] We have districts through the [17:55] medians to come back and touch [17:56] another medians. [17:57] >>coun. Rogers: that's just [17:59] medians so not other parts of [18:00] the neighborhood? [18:01] >> correct. [18:02] >>coun. Rogers: medians and [18:03] street scapes. [18:05] I'm working on litter ordinance. [18:06] This is research. [18:09] Your department is only median [18:11] and street scapes. [18:11] Thank you. [18:12] MR. Whelan. [18:15] >> MADAM PRESIDENT, councilor [18:17] rogers, that's part of our clean [18:18] city's crew. [18:20] But we also deploy up to eight [18:22] trucks throughout districts, [18:24] your district is almost every [18:25] day, where they do go through [18:29] the streets and pickup litter, [18:30] remove feces. [18:32] And if there's what we consider [18:33] illegal dumping, where somebody [18:35] had an encampment and left and [18:36] leave all the trash behind -- [18:39] >>coun. Rogers: I see [18:39] inencampment cleanup people, [18:42] trust me. [18:43] Sgli. [18:44] >> they do cleanup of things [18:45] left behind. [18:47] I was in your district today, [18:50] and I saw tennessee where people [18:50] left. [18:53] One of the trucks that usually [18:55] does the cleanup was there and [18:57] they stopped and picked it up. [19:00] It was clean within that moment. [19:01] Within an hour there could be [19:02] more. [19:03] >>coun. Rogers: thank you. [19:05] There's one more video I want to [19:05] show. [19:08] This one is a doozy. [19:12] I think it's the video of the [19:12] shoes. [19:16] My pet peeve is shoes on the [19:18] power lines. [19:20] I think I've interacted with [19:21] every department except maybe [19:22] transit. [19:24] This one is more towards transit [19:28] and our construction site at the [19:28] international district library. [19:30] I think that's a mix between [19:33] transit and parks, if I'm not [19:34] mistaken. [19:36] That one is -- that bus stop is [19:38] always in disrepair. [19:39] I think I know who is [19:41] responsible for the transit [19:41] ones. [19:44] When it comes to our [19:46] construction site and the litter [19:50] that's around that gate, who [19:53] does that? [19:55] General contractors? [19:56] >> MADAM PRESIDENT, councilor [19:58] rogers, are you referring to a [19:59] city project? [20:01] >>coun. Rogers: that is a city [20:01] project. [20:03] The id library park. [20:05] Next to the id library. [20:09] It's the fencing encompassing -- [20:11] sometimes inside the fencing and [20:12] outside the fencing. [20:14] >> I think it's going to be the [20:16] contractor that has the permit [20:17] for that facility. [20:17] >>coun. Rogers: if it's inside [20:22] the gates? [20:24] If it's outside had [20:30] gates, who does that? [20:33] >> I guess we need more [20:35] specifics on the locations. [20:38] If it's out on the sidewalk into [20:40] the street, we're reliable. [20:42] At the same time, it's the [20:44] contractor to address their [20:44] location. [20:45] >>coun. Rogers: thank you, MADAM [20:45] PRESIDENT. [20:50] For the last video, to drive [20:53] home we need to work on litter [20:53] ordinance. [20:57] I am sick of living in filth in [20:59] my neighborhood. [21:00] I am done. [21:03] i have to use my council set [21:07] aside to pay a contractor, red [21:08] shovel, to clean the safe route [21:13] to school for wilson and woodier [21:15] schools because we as a team [21:17] haven't been able to get this [21:17] together. [21:19] I'll reach out to you with a [21:21] draft of the ordinance with how [21:22] to make this better. [21:24] I am done living in filth in my [21:25] district. [21:26] It's not just unsheltered [21:27] people. [21:30] I watched people in benzs [21:31] throwing out stuff from the car, [21:34] I watched grandmas doing it, and [21:35] kids doing it. [21:37] I watched unsheltered do it. [21:39] We don't have enough officers [21:42] for 911 calls in my district. [21:43] I know we're not proactively [21:46] policing littering. [21:47] I am over it. [21:49] Roll that beautiful shoot [21:53] footage, garret, for me. [21:54] I'll send it to you. [21:55] It's beautiful. [21:57] There's about 50 shoes on the [21:58] power lines. [22:00] I reached out to code [22:03] enforcement, pnm, and reached [22:04] out to everybody. [22:05] This is an indicator. [22:06] It's not a joke. [22:11] These are indicators of people [22:13] being able to get drugs. [22:14] I want them down. [22:15] Everywhere in my district. [22:16] I don't want to see them. [22:18] I want us to have a proactive [22:20] way to get them down whether we [22:21] have to partner with whoever [22:23] line they belong to. [22:26] We should figure this out as a [22:27] city. [22:29] I invite you to a meeting to [22:30] discuss changes to the litter [22:33] ordinance before I drop it so I [22:35] we can work as a team to fix [22:36] this once and for all. [22:38] I'm done living in filth. [22:41] Thank you, MADAM PRESIDENT. [22:42] >>coun. Champine: councilor [22:46] telles. [22:47] >>coun. Telles: thank you, MR. [22:48] Vice PRESIDENT. [22:51] I have a few questions for the [22:55] admin for director sandoval and [22:59] I don't know if director mar [22:59] teen [23:00] teens is here [23:03] director martinez is to here or [23:04] not. [23:05] >> MADAM PRESIDENT, councilor [23:07] telles, I didn't hear you. [23:08] >>coun. Telles: are you filling [23:12] in for director martinez? [23:15] Cfo? [23:15] I'm sorry. [23:18] Man, I need to clean my glasses. [23:23] I'm sorry. [23:24] 6-year-old fingerprints all [23:34] over. [23:35] Good evening. [23:36] I have a couple questions for [23:36] you. [23:38] Thank you so much. [23:43] I wanted to talk to you a little [23:47] bit about the omb proposed rule [23:49] overhaul of the uniform guidance [23:52] at the federal level. [23:53] For those individuals who might [23:56] not know what's going on, the [23:59] federal omb has proposed some [24:02] rule changes to the uniform of [24:05] guidance for federal award [24:05] recipients. [24:09] And in short, essentially, we're [24:11] waiting for what the omb is [24:14] going to do with regards to our [24:17] uniform guidance and federal [24:17] grants. [24:20] The guidance that's being [24:21] proposed is -- would make the [24:23] guidance finding. [24:26] It would add political [24:29] pre-issuance review of grants. [24:30] Expand agencies ability to [24:33] terminate awards at any time. [24:35] this is at a very compressed [24:36] time period. [24:38] I think we were scrambling when [24:39] this came out. [24:41] It was basically -- it was [24:43] published the end of MAY and [24:45] gave us a 45-day window to [24:48] provide our comments. [24:51] I know we provided -- council [24:52] comments on our end. [24:54] Thank you for sharing your [24:56] comments as well. [24:59] My concern is, given the rule, [25:01] we expected it to be finalized [25:04] by OCTOBER 1st, and we have [25:07] quite a few [25:11] discretionary federal grants [25:13] that could be affected if this [25:15] rule goes into effect either in [25:17] whole or in part. [25:18] I am especially concerned about [25:20] the potential discretionary [25:21] termination without appeal. [25:24] That puts about -- from what I [25:26] was able to identify, about [25:29] $26.7 million in federal grants [25:32] at risk of disappearing mid-year [25:33] with zero notice requirement or [25:33] no appeal. [25:38] I'm curious what you're doing at [25:41] the moment -- does the city have [25:43] a stabilization plan or model [25:45] scenario where if an active [25:49] federal grant is terminated or [25:51] delayed, and what reserve or [25:52] contingency funding would cover [25:54] that gap for these fy27 [25:58] programs? [26:00] >> council PRESIDENT, councilor [26:02] telles, like you said, we had a [26:06] very short window to respond. [26:08] I'm also a member of one of the [26:10] committee for gfoa. [26:12] They received -- omb received [26:15] over 500,000 comments. [26:18] The response we gave and had a [26:22] separate one with gfoa is extend [26:23] the period for implementation to [26:26] change policy and procedures and [26:27] get us prepared. [26:29] just saying it's OCTOBER 1st, [26:32] 2026 is not enough time. [26:33] That would be the best thing. [26:38] Not just for us, for any other [26:39] affected branch. [26:41] >>coun. Telles: thank you, MS. [26:41] Sandoval. [26:43] I understand that would be the [26:44] best thing. [26:46] I don't anticipate that it's [26:48] actually going to happen, given [26:49] the direction of the federal [26:51] government right now. [26:53] And what this omb director has [26:56] done when it comes down to cfcb [26:59] rules and regulations they have [27:00] cut. [27:02] Again, this kit was pretty much [27:04] caught me off-guard because they [27:07] just updated rules to uniform [27:08] guidance. [27:10] They generally don't do that [27:12] unless it's every five years. [27:15] For them to do it a year later, [27:17] you know, it's surprising. [27:20] I have been in contact with [27:23] dfa's local government division. [27:26] To ask if they're providing any [27:30] guidance to local governments [27:34] before OCTOBER 1st. [27:37] I anticipate that some type of [27:39] final rule will likely be [27:40] published on OCTOBER 1st. [27:44] My question here is do we have [27:49] any sort of plans for [27:50] stabilizing the federal awards [27:52] that we get here? [27:53] These are going to be block [27:54] grants. [27:55] These are going to be [27:56] discretionary grants. [27:58] These are formula grants. [28:00] The majority of these grants are [28:02] going to hit hhh pretty hard. [28:05] That just means we're going to [28:09] lose services if these [28:11] discretionary grants are pulled. [28:14] And again, these can be pulled [28:16] for any reason based on the [28:17] rules. [28:19] my question, again, is are you [28:23] developing or have a plan to [28:26] develop any sort of [28:28] stabilization -- federal funding [28:29] stabilization plan for these [28:32] grants that MAY be affected? [28:35] >> MADAM Chair, councilor [28:38] telles, I think there have been [28:40] ongoing conversations, frankly, [28:41] since this administration has [28:43] been in office because there [28:48] have been concerns over time [28:49] related to different grants. [28:52] So, there have been questions [28:54] posed to all the departments [28:57] about their funding and what [28:59] would be their contingency [29:00] plans. [29:01] I think this is just another [29:03] part of those ongoing [29:04] conversations that we've been [29:05] having. [29:07] >>coun. Telles: thank you, cfo. [29:09] Does that mean you are putting [29:14] together a stabilization plan? [29:16] >> MADAM Chair, councilor [29:18] telles, I guess without knowing [29:20] what you mean by stabilization [29:22] plan -- I think what I'm saying [29:24] is we had ongoing conversations [29:26] with the departments about if [29:28] they lost federal funding what [29:29] would be their plan to ensure [29:32] they would be able to continue [29:32] services. [29:34] >>coun. Telles: thank you, MADAM [29:34] Cfo. [29:35] Are you leaving it up to the [29:38] department to come up with a [29:39] contingency plan for their [29:41] federal awards? [29:43] Are you providing guidance as [29:45] the tone at the top for the [29:47] directors and their fiscal [29:53] officers in each department? [29:55] I'm trying to understand if the [29:57] city can provide department by [29:59] department inventory of what [30:01] federal discretionary awards [30:03] that the city administers, what [30:05] that total amount might be, what [30:07] the funding agency is, what the [30:10] award period is, if we're up for [30:12] renewal or continuation, what [30:15] these awards are, how many are [30:16] discretion. [30:19] I think we need to have an idea [30:22] of what it looks like -- what [30:24] our picture looks like for the [30:26] awards that we get that fund our [30:26] work. [30:28] I know we have several programs [30:32] in hhh in particular that are [30:34] 100% funded by federal awards. [30:38] So, if that award gets -- [30:42] disappears mid. [30:43] -year with zero [30:45] notice and no appeal, what are [30:47] we going to do about that? [30:49] I personally identified, with [30:52] the help of our awesome team, [30:57] 26.7 million at risk right now. [30:58] You know, what's the plan? [31:00] Are we doing anything to say, [31:03] okay, if this happens, let's say [31:05] worst case scenario, OCTOBER [31:09] 1st, these proposed rules by omb [31:12] go into effect on OCTOBER 1st, [31:15] and now these federal agencies [31:17] that provide us these awards, [31:19] whether they're direct awards, [31:21] whether they're pass through [31:23] grants or federal awards, [31:28] whether we have subrecipient [31:31] monitoring we have to deal with. [31:34] What happens if they get pulled? [31:36] What is our continuity plan? [31:37] What are we going to do if we [31:39] lose, at minimum, 27 [31:41] $27 million? [31:42] >> MADAM Chair, councilor [31:45] telles, as I said, when this [31:46] administration came into office [31:49] we did an inventory of all of [31:51] our federal grants in [31:52] collaboration with the [31:52] departments. [31:54] We're not leaving it up to the [31:57] departments, but they them are [31:59] the experts as to what funding [32:01] they're receiving and what that [32:02] funding is being used for. [32:05] We're happy to go back and [32:06] pinpoint these ones as it [32:11] relates to this much [32:11] transaction. [32:12] But this is something we've been [32:14] looking at and talking about for [32:15] quite sometime. [32:17] Even before I was cfo. [32:18] These conversations were [32:19] happening. [32:19] >>coun. Telles: that's great to [32:20] hear. [32:21] Thank you so much. [32:22] I would respectfully request, [32:24] MADAM PRESIDENT, if possible, I [32:26] would like to -- I have some [32:28] more questions I can send over [32:30] to you offline that you can [32:33] review so we know what reserve [32:33] funds we have. [32:35] I'm wondering what reserve funds [32:36] we have. [32:38] Any bridge financing. [32:40] What type of reolication [32:42] authority we might have to [32:45] sustain these services if a [32:47] major grant is suspended or [32:49] pulled without notice. [32:50] MADAM PRESIDENT, respectfully, I [32:54] would love to add -- request [32:56] that we include a presentation [33:00] from your office -- from you -- [33:02] about what type of [33:05] stabilizations we have so we can [33:06] know, you know, what is going to [33:08] happen if there's a sudden loss [33:12] of this federal discretionary [33:12] funding. [33:17] Because potentially this has [33:19] impact on transit, vouchers, [33:22] behavioral health contracts, [33:23] aviation grants. [33:25] I think we need to be prepared [33:29] to backfill these if, again, [33:31] worst case scenario, that [33:33] happens on OCTOBER 1st. [33:34] We don't know. [33:36] We don't know what the omb is [33:37] going to do. [33:38] We don't know what the federal [33:41] government is going to do. [33:43] But because we don't know what [33:44] they're going to do it's even [33:48] more imperative that we have a [33:51] stabilization continuity plan. [33:53] I'm happy to send that [33:54] information and questions to [33:54] you. [33:56] I would love to have a [34:01] presentation from you all. [34:02] >> council PRESIDENT, we submit [34:05] a grant report to council. [34:06] We also prepared it for the [34:09] audit every year. [34:10] That's audited. [34:13] We'd be happy to do it. [34:14] >>coun. Telles: thank you. [34:16] I appreciate it. [34:17] >>coun. Champine: hold on for [34:19] one second, lady. [34:19] Councilor rogers. [34:20] >>coun. Rogers: thank you. [34:21] I have a follow up. [34:23] I also wanted to see if we could [34:25] collaborate as a team, as the [34:27] city of albuquerque, because I [34:28] think the administration is [34:29] setting one set of comments, [34:33] we're sending another set of [34:33] comments. [34:36] So far that I've seen, they [34:39] haven't been differing but [34:40] there's different points and [34:42] pages we want to highlight based [34:45] on expertise from our [34:45] colleagues. [34:46] I think it would be good if we [34:48] can all get on the same page and [34:49] we're saying the same thing to [34:51] our congressional delegation. [34:53] I'm sending them information. [34:53] I know councilor telles and [34:56] councilor fiebelkorn is sending [34:56] them information. [34:58] I think it would just be good [35:00] for the city of albuquerque as a [35:00] whole. [35:02] One albuquerque spirit that [35:03] we're communicating these [35:04] important things. [35:06] I think having a list and having [35:07] the audits are good. [35:08] I think what councilor telles is [35:12] asking for is a contingency [35:12] plan. [35:14] Same as I asked for when this [35:17] administration took office, not [35:19] mayor, but the federal [35:21] administration, on what our [35:23] grants -- like what is the list? [35:24] You're able to pull that [35:24] together. [35:27] Should we lose funding, what is [35:28] our plan together? [35:29] As the appropriating body and [35:31] the executing of the budget, how [35:34] do we work together as a team to [35:35] replace that funding? [35:36] I think for me that's the most [35:37] important thing, especially that [35:40] we have some officers on federal [35:43] funding for their positions. [35:45] We need to have a plan. [35:48] I just wanted to echo that. [35:49] Thank you. [35:49] >>coun. Champine: thank you, [35:50] councilor rogers. [35:52] MADAM PRESIDENT, I just have one [35:52] question. [35:54] It's for the cao. [35:57] I know it's past 5:30. [36:01] Is there any plans on -- we [36:02] haven't received quarter two, [36:05] quarter three, or quarter four [36:06] of the litigation reports. [36:08] Is there any plans? [36:10] I know we sent several emails. [36:12] Are there any plans to send [36:12] those eventually? [36:15] >> MADAM PRESIDENT -- [36:17] >>coun. Champine: I'm sorry, [36:18] quarter of '25. [36:20] >> MADAM PRESIDENT, councilor [36:22] champine, I would ask city [36:24] attorney to respond as reports [36:25] come directly from the city [36:27] attorney's office. [36:28] >> we do have the reports up to [36:29] date. [36:36] They're ready to circulate into [36:36] docusign. [36:38] >>coun. Champine: there ready -- [36:42] I'm sorry, I meant '26. [36:43] Not '25. [36:44] >> yes. [36:46] I'm about to get the next [36:48] quarter next week. [36:50] The three quarters -- I'm [36:52] sorry -- I'm not sure I can [36:54] think through the quarters. [36:56] I'm up to date through the [36:57] quarters and I'll get another [36:58] one next week. [37:00] Whatever that most recent [37:02] quarter is is done and ready to [37:06] send to docusign. [37:08] >>coun. Champine: they will be [37:09] released before next council [37:09] meeting? [37:14] >> yes, once they go into docu [37:15] sign is just days. [37:16] >> weicide send them down [37:18] ? [37:19] >> we would send them down the [37:21] next time we send legislation [37:23] which would be next tuesday. [37:25] >>coun. Champine: noted. [37:26] Councilor grout. [37:27] >>coun. Grout: I just wanted to [37:28] follow up. [37:29] How come we haven't gotten the [37:33] ones before? [37:35] >> MADAM PRESIDENT, councilor [37:37] grout, we have been working on a [37:41] new system for getting those [37:41] out. [37:43] There have been some staffing [37:45] changes in my office and we've [37:46] been trying to get a new system. [37:48] I think we now have it set. [37:53] Those have been delayed as a [37:56] result. [37:58] >>coun. Champine: perfect. [37:59] MADAM PRESIDENT. [38:00] >>coun. Pe}a: thank you, vice [38:01] PRESIDENT Champine. [38:04] We're now on item 15, other [38:04] business. [38:08] executive session pursuant to [38:10] nmsa1978 section 10-15-1, [38:12] discussion of limited personnel [38:14] matter pertaining to the [38:16] inspector general investigation [38:19] of our city attorney. [38:22] We need a roll call vote to go [38:24] into special session. [38:26] [Roll call]. [38:28] >>coun. Baca: yes. [38:30] >>coun. Bassan: yes. [38:32] >>coun. Champine: yes. [38:35] >>coun. Fiebelkorn: yes. [38:36] >>coun. Grout: yes. [38:40] >>coun. Lewis: yes. [38:42] >>coun. Rogers: yes. [38:44] >>coun. Telles: yes. [38:44] >>coun. Pe}a: yes. [38:46] >> passes unanimously. [39:13] >>coun. Pe}a: we're back. [39:15] I affirm that the matters [39:16] discussed in the executive [39:19] session were limited to those [39:20] specified in the motion for [39:22] closure. [39:24] Now, we're on item three, [39:26] proclamations and presentations. [39:27] This will be vice PRESIDENT [39:28] Champine. [39:29] >>coun. Champine: thank you, [39:30] MADAM PRESIDENT. [39:31] Councilor fiebelkorn. [39:32] >>coun. Fiebelkorn: thank you, [39:33] MR. Vice PRESIDENT Champine. [39:36] We have a presentation tonight [39:39] on our move and mentor program [39:40] that councilor bassan is in the [39:41] lead on. [39:44] And I have been supportive. [39:48] It will be from MS. Karen anale [39:50] director of housing efficiency. [39:52] And lauren gallegos from [39:54] catholic charities. [39:55] If they can come on down. [39:57] We asked them to give a quick [39:59] update on the program that [40:02] council funded and how [40:05] incredibly successful it's been [40:07] in its first couple months. [40:09] >> good evening, councilors. [40:11] i'm the director of housing and [40:13] self-efficiency at catholic [40:13] charity. [40:14] Thank you for the opportunity to [40:15] speak with you today. [40:17] I'm here to share the impacted [40:19] of two city funded initiatives [40:23] made possible through our [40:24] support. [40:27] I especially like to thank [40:28] councilor bassan and councilor [40:28] fiebelkorn. [40:29] And everyone who helped bring [40:30] these programs to life. [40:34] Your investment is making a very [40:35] meaningful difference. [40:37] Between JANUARY and JUNE 2026 [40:39] catholic charities received [40:41] funding to launch these [40:42] programs. [40:44] $300,000 was provided as direct [40:45] financial assistance to [40:47] households that were in crisis. [40:50] During that time we received 807 [40:51] applications for assistance and [40:54] helped 238 households with past [40:56] due rent, move in cost and [40:57] utility assistance. [40:59] More than two-thirds of the [41:01] households were served including [41:03] children and 129 families were [41:05] facing financial crisis caused [41:07] by medical emergencies. [41:09] These are families who were one [41:11] expected event away from [41:11] homelessness. [41:15] This year, we've ex-pandemiceded [41:18] and launching our move and [41:19] mentor program. [41:21] Many people don't need long-term [41:21] case management. [41:23] They simply need someone to help [41:26] them overcome barriers like poor [41:27] credit, criminal background, [41:29] technology challenges, or [41:31] navigating rental processes. [41:32] Our team has worked one-on-one [41:34] with clients while partnering [41:35] with landlord and property [41:37] managers across albuquerque to [41:38] help people access housing. [41:40] Through this work, we also [41:42] identified dozens of seniors at [41:45] gateway west to who have been [41:46] priced out of housing. [41:48] For someone living on a fixed [41:51] income a significant rent [41:54] increase can become an eviction [41:54] notice. [41:59] We've donated $25,000 to help [42:00] transition them into stable [42:01] housing. [42:01] One point that's important to [42:03] mention is homelessness does [42:05] cost our community far more than [42:07] housing our community does. [42:08] Research estimates that a person [42:10] experiencing chronic [42:12] homelessness cost taxpayers [42:15] between $50-75,000 each year [42:16] through medical care and law [42:18] enforcement and crisis services. [42:20] Once that person is placed in [42:22] supportive housing the cost [42:24] drops to $12,800. [42:27] That's a saving of $37,000 per [42:29] person every single year. [42:31] Housing isn't just a [42:33] compassionate choice, it's a [42:34] fiscally responsible choice. [42:36] We've already seen the impact of [42:37] our move and mentor program. [42:39] We've helped people with [42:41] full-time jobs who simply [42:42] couldn't secure housing because [42:43] of barriers beyond their [42:44] control. [42:45] They didn't need years of [42:46] assistance. [42:47] They just needed someone to [42:48] advocate for them and connect [42:49] them with landlords and help [42:52] them navigate this complicated [42:53] system. [42:54] The families serve are working, [42:57] raising children and recovering [42:58] from medical crisis and doing [43:00] everything they can to remain [43:00] self-sufficient. [43:01] Sometimes the difference between [43:04] stability and homelessness isn't [43:04] motivation, it's opportunity. [43:07] Your investment creates that [43:08] opportunity. [43:11] It keeps families together and [43:13] helps ensure albuquerque [43:15] residents have a safe stable [43:16] place to call home. [43:17] We're here to ask for your [43:19] continued support to expand this [43:19] program. [43:21] We can prevent homelessness [43:22] before it happens. [43:25] This is a preventative measure. [43:26] Remove barriers to housing and [43:28] help families achieve lasting [43:29] stability. [43:30] Thank you for your partnership, [43:30] leadership and continued [43:32] commitment to making housing [43:33] stability a reality for our [43:34] community. [43:36] We do have this we wanted to [43:38] potentially show you folks. [43:39] I don't know where we do that [43:44] at. [43:46] If you have any questions -- [43:47] there we go. [43:49] We would love to answer them for [44:01] you. [44:02] >>coun. Fiebelkorn: I think this [44:04] is an incredible program that is [44:05] very little money in the grand [44:07] scheme of our really large [44:09] budget here in the city of [44:09] albuquerque. [44:11] It's done a lot of good. [44:13] I want to thank councilor [44:13] bassan. [44:15] She's the one that led this from [44:20] the beginning and made sure it [44:20] hammed [44:21] happened. [44:22] I'll tell the public, if you [44:24] want to learn about it, the next [44:27] district seven connection zoom [44:28] meeting we'll have a [44:31] presentation and q&a. [44:33] If you're not signed up, sign up [44:36] for a longer more detailed [44:38] presentation the first friday of [44:38] the month. [44:42] Thank you. [44:42] >>coun. Champine: MADAM [44:45] PRESIDENT, we do have a second [44:52] presentation tonight from MS. -- [44:54] councilor bassan. [44:55] I apologize. [44:56] You are second in that [44:59] presentation. [45:04] My apologies. [45:06] >>coun. Pe}a: I'd love to hear [45:08] from councilor bassan because I [45:12] think catholic charities does [45:13] remarkable work and they never [45:15] have come to the city of [45:16] albuquerque to get funded in a [45:18] way that we really should. [45:20] I have personal experience. [45:21] I just think you guys have done [45:24] an amazing job over there. [45:24] Thank you. [45:25] Councilor bassan, I'd love to [45:27] hear from you. [45:28] >>coun. Bassan: MADAM PRESIDENT, [45:29] MR. Vice PRESIDENT, I was going [45:31] to ask if they make sure we get [45:34] a copy of the flier so we can [45:36] distribute it and put it on the [45:38] website so people can get it. [45:40] It's been a pleasure to come up [45:42] with this and work with [45:43] everyone. [45:43] >>coun. Champine: councilor [45:44] fiebelkorn. [45:44] >>coun. Fiebelkorn: thank you, [45:45] MR. Vice PRESIDENT Champine. [45:46] I have the flier and I'll send [45:51] it to all of you right now. [45:52] >>coun. Champine: MADAM [45:55] PRESIDENT, we have a second [45:58] presentation from the city [45:59] economist. [46:00] She'll provide an update to the [46:05] cannabis and gross receipts tax. [46:06] >> MR. Vice PRESIDENT Champine, [46:08] I have a quick presentation for [46:09] you, councilors. [46:13] This is the MAY grt report. [46:15] here it is. [46:18] For MAY, growth slowed quite a [46:20] bit from past several months. [46:22] It was still 3.2%. [46:26] That brings the clumlative [46:28] growth to 5%. [46:30] We've got one more month in the [46:31] fiscal year. [46:32] Construction seemed to [46:34] contribute the most to the [46:35] slower growth this month. [46:40] It declined 17.5%. [46:44] Retail was 0.3% declined. [46:45] Essentially flat to slightly [46:46] negative. [46:48] On the upside, professional [46:50] services grew 10.6%. [46:53] Other services, 9.3. [46:55] Health care 21.7. [46:59] All did quite well. [47:02] Manufacturing grew as well. [47:05] I guess I can speak more to [47:05] that. [47:07] I'll go ahead and move to [47:11] cannabis. [47:13] Cannabis dropped a little bit [47:15] from last month. [47:16] 33.7% growth. [47:18] It was quite strong at 16%. [47:22] The assumption or hopefully trd [47:24] is doing compliance efforts. [47:26] Hopefully that will continue to [47:28] stay a little bit stronger than [47:33] it had been. [47:35] Cumulative growth is 6.5% for [47:36] the year. [47:38] Briefly, it's hard to believe [47:39] it's quarterly report time. [47:43] It's time for unm b irksey ber. [47:46] I got their data ahead of time [47:48] and looked it over to see if [47:50] there's changes expected for [47:51] fy27. [47:53] Employment was supposed to grow [47:56] the tiniest little bit more than [48:00] the previous quarter's [48:00] projection. [48:01] Almost negligible. [48:05] And housing permits and those [48:08] sorts of things remain. [48:09] no significant changes from the [48:10] last quarter. [48:13] I can stand for questions. [48:13] >>coun. Champine: councilor [48:14] rogers. [48:15] >>coun. Rogers: thank you, MADAM [48:15] PRESIDENT. [48:17] Thank you -- I love these [48:19] presentations every month. [48:21] Do you get access to the market [48:24] presentations that we get as a [48:25] part of our tid? [48:31] I sit on the board for south [48:34] campus and mesa del sol. [48:35] There's three of them. [48:37] And state fair. [48:39] Not really a tid. [48:40] Do you get access to those [48:42] market reports that we get as a [48:44] part of that? [48:48] I know merehead is a -- is there [48:49] a lot of time. [48:52] >> councilor rogers, I actually [48:54] attend some of those tid [48:55] meetings. [48:58] I usually hang out in the [48:59] background. [48:59] I don't believe I get the [49:00] reports. [49:01] I would love to see them. [49:02] >>coun. Rogers: thank you. [49:04] The reason I ask is because [49:06] there's information we share [49:07] during those meetings that I [49:12] think would be good for overall [49:13] public about all the different [49:16] things that make-up this report [49:18] to incorporate into ours. [49:21] I learn a ton of what's [49:22] happening in the market. [49:24] That really affects city [49:24] government. [49:26] I'm happy to share those with [49:27] you and maybe there's stuff to [49:28] incorporate. [49:33] I'd love to get a copy of the [49:35] beiber report. [49:37] If you could help me by sending [49:39] those, I would love to read [49:41] those and learn more. [49:44] last question I have is as we do [49:48] a bunch of tax abatements and [49:50] IRBs, does your department track [49:52] or anyone on your team track [49:54] that year over year so we know [49:56] we have it -- we have given all [49:58] these tax breaks, all these [50:00] people that affect our grt at [50:04] some point so we maybe don't [50:06] need to do those for a little [50:10] while so we're not inadvertently [50:10] move [50:13] losing grt because we don't have [50:15] a cumulative running total of [50:18] what that is going to affect grt [50:19] in the city? [50:20] Do you do anything like that? [50:23] >> MADAM PRESIDENT, councilor [50:26] rogers, there's something called [50:31] the gaz b [50:32] by 77. [50:36] It's looking at the irb and mra [50:38] and looking at the tax revenue [50:41] that is lost, essentially. [50:43] There's a report for it [50:43] annually. [50:44] I think this month or next I [50:46] have to start that over again. [50:48] Perhaps, you'd like to see that [50:49] report? [50:50] >>coun. Rogers: that would be [50:53] super helpful for us. [50:55] I'm just worried at some point [50:57] if we keep doing that we'll [51:01] affect our grt and what we have [51:02] as a city. [51:04] I wonder how that affects it. [51:06] Thank you, MADAM PRESIDENT. [51:11] >>coun. Pe}a: MADAM PRESIDENT. [51:12] Councilor champine, do you have [51:13] a follow-up? [51:14] >>coun. Champine: yes. [51:16] You mentioned cannabis was at [51:19] 33% and it dropped a little bit. [51:24] You indicated 16, so it dropped [51:25] half? [51:27] It went from 33 to 16? [51:28] Okay. [51:29] I just wanted to clarify that. [51:31] >>coun. Pe}a: I'll just ask a [51:31] question. [51:33] Do you have an average of the [51:34] grt increase over the past ten [51:36] years? [51:40] Do you track that in terms of [51:40] perjuries? [51:44] Has the grt been 5% increase [51:45] every year? [51:47] Do you know that off the top of [51:49] your head? [51:50] >> MADAM PRESIDENT, that would [51:52] be easy to come up with. [51:53] Certain things like covid and [51:54] certain things like the [51:56] introduction of local gross [51:59] receipts tax on internet sales, [52:00] those were significant changes [52:03] that would throw that average [52:03] off. [52:06] It would skew it. [52:09] That kind of information, I can [52:10] easily provide that. [52:12] If you want an average over the [52:13] past ten years. [52:14] >>coun. Pe}a: sure. [52:17] And you can remove the covid [52:18] time. [52:20] You can include it in there. [52:21] But maybe go ten years without [52:24] that and ten years with covid. [52:26] I'm just trying to see in terms [52:27] of city gross receipts. [52:29] This is our main source of [52:31] revenue we use to provide all [52:33] the services to our employees [52:35] and do everything we need to do [52:36] as a city. [52:37] I think sometimes we're [52:40] challenged with that. [52:41] We have bernalillo county, [52:43] they're doing amazing work over [52:46] there, but they also have their [52:46] grt. [52:49] Plus they have the property tax. [52:52] And the property tax goes up 4% [52:55] on average a year. [52:59] That on top of the grt, to me, [53:00] looking at budgets over the [53:03] years and I've talked with the [53:05] county manager about this, it [53:08] looks as though our budget is [53:09] stagnant. [53:10] But we provide services here in [53:13] the city of albuquerque but for [53:16] the unincorporated area. [53:18] But also for rio rancho and [53:19] surrounding communities. [53:22] There's a real drain on our [53:25] budget without the ability to [53:28] have access to additional [53:29] revenue. [53:30] I think it's a larger [53:32] conversation that we have to [53:33] have, obviously I put forward [53:36] the grt once again. [53:37] I think it's a larger [53:39] conversation that we have to [53:42] have on how we best use our [53:43] resources. [53:45] Just like when people come into [53:46] to go the gateway. [53:49] Those are things that -- or rio [53:51] rancho coming into albuquerque [53:53] driving on the -- we're having [53:55] to repave the roads and this and [53:56] that. [53:58] Those are just good partners and [53:59] relationships we need to figure [54:02] out how we help with that. [54:05] Even with our water treatment. [54:07] Obviously, that's an issue for [54:11] the water authority, but intel, [54:15] we're cleaning that water. [54:17] That's another burden that we [54:18] have as a city. [54:21] We're the largest city in the [54:22] state of new mexico. [54:24] And we have to keep up to be [54:26] able to provide really good [54:28] services and pave our streets [54:31] and put street lighting and [54:34] we're just really, I think, each [54:37] city council district, similar [54:38] to councilor rogers's question, [54:42] we really need to figure out a [54:45] way to -- that's more in our [54:45] city. [54:47] >> MADAM PRESIDENT, I'll try to [54:48] put together some sort of [54:50] helpful report in that regard. [54:52] >>coun. Pe}a: thank you so much. [54:56] We're now on item five, the [54:56] journal. [54:59] I move approval of the JUNE 15th [54:59] journal. [55:01] There's a motion and second by [55:02] committee of the whole chair [55:03] grout. [55:06] [Roll call]. [55:09] >>coun. Baca: yes. [55:10] >>coun. Bassan: yes. [55:12] >>coun. Champine: yes. [55:14] >>coun. Fiebelkorn: yes. [55:16] >>coun. Grout: yes. [55:18] >>coun. Lewis: yes. [55:20] >>coun. Rogers: yes. [55:21] >>coun. Telles: yes. [55:22] >>coun. Pe}a: yes. [55:24] >> passes unanimously. [55:24] >>coun. Pe}a: thank you. [55:26] We're now on communications and [55:28] introductions, which is item [55:28] six. [55:30] Are there any changes to the [55:31] letter of introduction? [55:33] I have one. [55:34] Ec-195, I move the rules be [55:35] suspended for the purpose of [55:39] placing ec-195 on tonight's [55:42] agenda for action. [55:43] Authorizing social services [55:44] agreement with new mexico [55:46] veteran's integration center [55:49] utilizing opioid settlement fund [55:50] appropriations as outlined in [55:54] city council r-25-128. [55:56] I make a motion. [55:58] There's a motion, and a second [56:00] by councilor rogers. [56:03] We need two-thirds vote. [56:07] [Roll call]. [56:10] >>coun. Baca: yes. [56:11] >>coun. Bassan: yes. [56:13] >>coun. Champine: yes. [56:15] >>coun. Fiebelkorn: yes. [56:18] >>coun. Grout: yes. [56:20] >>coun. Lewis: yes. [56:22] >>coun. Rogers: yes. [56:23] >>coun. Telles: yes. [56:23] >>coun. Pe}a: yes. [56:25] >> passes unanimously. [56:27] >>coun. Pe}a: thank you. [56:29] Ec-196, I move the rules be [56:30] suspended for the purpose of [56:34] placing ec-196 on tonight's [56:35] janned for action. [56:39] It's to increase funding for [56:41] substance treatment contract [56:42] with albuquerque behavioral [56:43] health. [56:44] There's motion and second by [56:45] councilor grout. [56:47] This also requires a two-thirds [56:48] vote. [56:50] [Roll call]. [56:53] >>coun. Baca: yes. [56:54] >>coun. Bassan: yes. [56:56] >>coun. Champine: yes. [56:58] >>coun. Fiebelkorn: yes. [56:59] >>coun. Grout: yes. [57:02] >>coun. Lewis: yes. [57:04] >>coun. Rogers: yes. [57:05] >>coun. Telles: yes. [57:05] >>coun. Pe}a: yes. [57:07] >> passes unanimously. [57:09] >>coun. Pe}a: thank you. [57:09] Ec-197. [57:11] I move that the rules be sus [57:13] pend for the purpose of placing [57:14] ec-197 on tonight's agenda for [57:17] action. [57:17] Ec- [57:19] ec-197 is approval to increase [57:23] funding for fy27 substance abuse [57:26] treatment contract with engender [57:28] incorporated and this does not [57:31] require -- yes, it does require [57:32] two-thirds vote. [57:33] There's a motion, and a second [57:35] by councilor grout. [57:38] [Roll call]. [57:39] >>coun. Baca: yes. [57:41] >>coun. Bassan: yes. [57:43] >>coun. Champine: yes. [57:44] >>coun. Fiebelkorn: yes. [57:46] >>coun. Grout: yes. [57:47] >>coun. Lewis: yes. [57:51] >>coun. Rogers: yes. [57:54] >>coun. Telles: yes. [57:55] >>coun. Pe}a: yes. [57:56] >> passes unanimously. [57:59] >>coun. Pe}a: we are now -- [58:01] councilor baca, r-54. [58:03] This one only requires five [58:03] votes. [58:04] >>coun. Baca: thank you, MADAM [58:05] PRESIDENT. [58:06] R-54, I make a motion to amend [58:07] the letter of introduction for [58:10] the purpose of placing r-54 on [58:11] the AUGUST 17th council agenda [58:13] instead of placing it on [58:14] tonight's agenda for action. [58:16] Authorizing the execution and [58:17] delivery of water project fund [58:18] agreement between the new mexico [58:21] finance authority and the city [58:23] of albuquerque in the full [58:26] amount of $6.1 million. [58:26] >>coun. Pe}a: there's a motion [58:27] and two seconds. [58:30] I'll take the second by [58:30] councilor rogers. [58:32] [Roll call]. [58:33] >>coun. Baca: yes. [58:35] >>coun. Bassan: yes. [58:37] >>coun. Champine: yes. [58:39] >>coun. Fiebelkorn: yes. [58:40] >>coun. Grout: yes. [58:42] >>coun. Lewis: yes. [58:43] >>coun. Rogers: yes. [58:45] >>coun. Telles: yes. [58:45] >>coun. Pe}a: yes. [58:47] >> passes unanimously. [58:48] >>coun. Pe}a: thank you. [58:50] Councilor baca, by request. [58:50] R-56. [58:52] >>coun. Baca: thank you, r-56 I [58:55] move the rules be suspend for [58:56] placing r-56 on tonight's agenda [58:58] for action. [59:00] R-56 amending the adopted [59:03] capital implementation program [59:06] of the city by supplementing [59:07] current grant and projects. [59:08] I move do pass. [59:09] >>coun. Pe}a: there's a motion [59:10] and second by councilor grout. [59:12] This will require two-thirds [59:13] vote. [59:15] [Roll call]. [59:15] >>coun. Baca: yes. [59:17] >>coun. Bassan: yes. [59:18] >>coun. Champine: yes. [59:19] >>coun. Fiebelkorn: yes. [59:22] >>coun. Grout: yes. [59:23] >>coun. Lewis: yes. [59:25] >>coun. Rogers: yes. [59:26] >>coun. Telles: yes. [59:26] >>coun. Pe}a: yes. [59:29] >> passes unanimously. [59:29] >>coun. Pe}a: thank you. [59:31] Councilor fiebelkorn, r-57. [59:34] This will require two-thirds [59:34] vote. [59:35] >>coun. Fiebelkorn: thank you, [59:35] MADAM PRESIDENT. [59:36] I move the rules be suspended [59:39] for placing r-57 on tonight's [59:40] agenda for action. [59:43] Dedicated state capital outlay [59:45] funds to specific projects and [59:46] phases and requiring council [59:49] approval of scope changes. [59:50] >>coun. Pe}a: there's a motion, [59:52] and a second by vice PRESIDENT [59:52] Champine. [59:56] [Roll call]. [59:58] >>coun. Baca: yes. [59:59] >>coun. Bassan: yes. [1:00:01] >>coun. Champine: yes. [1:00:03] >>coun. Fiebelkorn: yes. [1:00:04] >>coun. Grout: yes. [1:00:06] >>coun. Lewis: yes. [1:00:09] >>coun. Rogers: yes. [1:00:10] >>coun. Telles: yes. [1:00:10] >>coun. Pe}a: yes. [1:00:13] >> passes unanimously. [1:00:14] >>coun. Pe}a: thank you. [1:00:17] I move approval of the letter of [1:00:17] introduction. [1:00:19] >>coun. Fiebelkorn: point of [1:00:19] order. [1:00:20] Thank you. [1:00:22] I would request the PRESIDENT [1:00:23] Determine whether the [1:00:26] introduction of r-58 is out of [1:00:31] order based on violation of [1:00:33] robert's rule of order which [1:00:37] prohibits improper motion. [1:00:39] as a reminder in robert's rules, [1:00:43] it does state that no motion can [1:00:45] be renewed during the same [1:00:47] session which it has aural been [1:00:52] before the the assembly, and the [1:00:55] similar questions cannot be [1:00:57] brought up a second time. [1:00:59] The session for this council is [1:01:00] two years long. [1:01:02] We're on the 15th meeting of the [1:01:04] 27th council. [1:01:04] >>coun. Pe}a: councilor [1:01:05] fiebelkorn, what bill are you [1:01:06] referring to? [1:01:12] >>coun. Fiebelkorn: it is r-58. [1:01:13] >>coun. Pe}a: which we don't [1:01:14] have in front of us. [1:01:16] >>coun. Fiebelkorn: that is the [1:01:18] gross receipts tax bill that has [1:01:22] been voted down three times [1:01:24] already this calendar year. [1:01:27] I would say this is [1:01:28] substantially the same what is [1:01:29] being proposed tonight. [1:01:31] I don't believe it qualifies [1:01:37] under the rules that we have for [1:01:37] council. [1:01:38] >>coun. Pe}a: yes. [1:01:38] I got it. [1:01:40] We're just shuffling papers. [1:01:41] Around. [1:01:43] Thank you so much. [1:01:45] I think I will defer to the city [1:01:47] attorney. [1:01:50] I will actually go through some [1:01:54] of -- let me find -- this is not [1:02:00] on the agenda. [1:02:03] I think this is the second time [1:02:04] with the grt. [1:02:06] It's not the third time, [1:02:06] correct? [1:02:07] >>coun. Fiebelkorn: MADAM [1:02:09] PRESIDENT, I can answer that [1:02:09] question for you. [1:02:16] We've voted down o-26-16. [1:02:18] Which was back earlier this [1:02:18] year. [1:02:21] And then we also voted down [1:02:23] r-26-43, which was recent. [1:02:26] And then there was a motion to [1:02:28] reconsider that failure, and [1:02:31] that also was voted down by this [1:02:34] council. [1:02:36] I believe a gross receipt tax [1:02:39] has been voted down three times [1:02:41] by this council in this calendar [1:02:42] year. [1:02:43] >>coun. Pe}a: yes, working with [1:02:46] our attorneys, it really has to [1:02:48] have some change to it in order [1:02:49] for it to be a different bill. [1:02:52] This one is prettily [1:02:56] substantially different. [1:02:57] O-26-57 structure [1:02:58] ally different [1:03:01] approach designed with stronger [1:03:02] taxpayer protection guarantee [1:03:04] which the last one did not have. [1:03:05] Long-term fiscal responsibility. [1:03:08] Unlike past proposals this [1:03:10] establishes clear boundaries on [1:03:12] how funds are allocated, spent, [1:03:14] and sustained. [1:03:16] Balance allocation, we shifted [1:03:19] from 50-50 split which we added [1:03:22] for more operation and 47 for [1:03:25] capital projects. [1:03:28] Operational funding remains [1:03:28] main z [1:03:29] mains [1:03:31] permanent to support on going [1:03:34] services, the capital portion [1:03:36] automatically ceases after 21 [1:03:36] years. [1:03:37] We didn't have that before. [1:03:40] With the capital, we're all -- [1:03:43] if it were to pass and go to the [1:03:46] taxpayers, which I think is [1:03:47] paramount, this is really, I [1:03:49] feel, the fact the bill hasn't [1:03:54] passed so many times is really [1:03:59] unfair to the taxpayers. [1:04:00] I have confidence in taxpayers [1:04:01] to make the right decision. [1:04:03] If they decide not to pass it, [1:04:04] that's what their decision is. [1:04:07] We get people coming here are [1:04:09] the time saying let us make the [1:04:10] decisions, this is a decision [1:04:12] for the taxpayer. [1:04:14] i'm just proposing we put it on [1:04:15] the ballot. [1:04:17] And protecting the wages for [1:04:20] employees, we have a specific in [1:04:24] there for employees to outline [1:04:26] they would be part of this bill. [1:04:28] It's not here or there or maybe [1:04:29] or maybe not. [1:04:31] I think this really guarantees [1:04:34] protections for our employees. [1:04:37] And then, the other strong [1:04:42] language in here is that it's to [1:04:45] supplement, not supplant. [1:04:48] Some of the services, as you [1:04:50] know, it could be this [1:04:52] administration or other [1:04:53] administrations that they can [1:04:55] use it to sustain current [1:04:57] operations that the city of [1:04:58] albuquerque has. [1:04:59] This actually protects from [1:04:59] doing that. [1:05:03] It ensures this new money goes [1:05:07] to new services and new [1:05:09] operations for the city of [1:05:10] albuquerque. [1:05:12] MS. Keefe, I don't know if you [1:05:14] can answer the question further. [1:05:18] >> thank you, MADAM PRESIDENT. [1:05:21] I just -- I don't construe the [1:05:24] council to operate in session. [1:05:27] The rule of order has a specific [1:05:31] definition of a session. [1:05:32] In contrast, the new mexico [1:05:35] legislature operates in sessions [1:05:38] and bills die at the end of a [1:05:39] session. [1:05:41] We don't have a session where [1:05:42] bills die. [1:05:44] We have calendar from jan to [1:05:44] DECEMBER. [1:05:46] If a bill is pending it carries [1:05:48] over to next JANUARY, that's [1:05:50] true if it's this council or [1:05:51] next council. [1:05:53] There's no reference to session [1:05:55] in the council's rules. [1:05:57] When the calendar is passed it's [1:05:59] not referred to as a session or [1:06:01] part of a session. [1:06:03] i don't think the rule cited is [1:06:07] applicable. [1:06:08] >>coun. Fiebelkorn: MADAM [1:06:09] PRESIDENT, MAY I respond to [1:06:10] that? [1:06:10] >>coun. Pe}a: councilor [1:06:11] fiebelkorn. [1:06:12] >>coun. Fiebelkorn: that is very [1:06:14] interesting because we have been [1:06:16] working under this rule for the [1:06:19] entire time I've been on [1:06:19] council. [1:06:20] I've specifically not [1:06:22] reintroduced bill for the [1:06:25] mandatory two-year wait period. [1:06:26] If we are going to hear this [1:06:28] bill tonight, I look forward to [1:06:31] reintroducing rank choice voting [1:06:33] immediately and also my full [1:06:34] renter's bill of rights [1:06:35] immediately and I will continue [1:06:38] to keep those on the dais as [1:06:40] long as I possibly can. [1:06:41] Because now I'm being told there [1:06:44] are no rules that say that we do [1:06:46] not repeat bills immediately [1:06:51] upon their failure. [1:06:51] >>coun. Pe}a: thank you, [1:06:52] councilor fiebelkorn. [1:06:54] I think it does state the bill [1:06:55] does have to differ. [1:06:57] If you introduce it has to [1:06:58] differ somewhat. [1:06:58] >>coun. Fiebelkorn: MADAM [1:07:00] PRESIDENT, the bill in front of [1:07:01] us is substantially the same as [1:07:03] the bill we voted down twice [1:07:03] already. [1:07:06] I did a line by line, word by [1:07:10] word analysis changing 50-50 to [1:07:14] 47-53 and adding one [1:07:15] three-paragraph new paragraph [1:07:18] and three-sentence paragraph in [1:07:19] there, strategic editing doesn't [1:07:21] create a new question. [1:07:23] This will be the fourth time [1:07:25] that the citizens of albuquerque [1:07:28] have had this voted down by this [1:07:29] council tonight. [1:07:33] I was asking for a ruling by the [1:07:36] president to determine if this [1:07:38] was in vailation of robert's [1:07:41] rule of order. [1:07:42] >>coun. Pe}a: before I go to [1:07:43] you, vice PRESIDENT Champine, I [1:07:50] would say that it is not. [1:07:52] >>coun. Fiebelkorn: thank you, I [1:07:55] move that the council appeal the [1:07:56] PRESIDENT's decision. [1:07:56] >>coun. Pe}a: there's a motion [1:07:59] and a second. [1:08:05] [Roll call]. [1:08:08] >>coun. Baca: yes. [1:08:13] >>coun. Bassan: no. [1:08:16] >>coun. Champine: yes. [1:08:22] >>coun. Fiebelkorn: yes. [1:08:25] >>coun. Grout: yes. [1:08:28] >>coun. Lewis: yes. [1:08:31] >>coun. Rogers: yes. [1:08:35] >>coun. Telles: yes. [1:08:35] >>coun. Pe}a: no. [1:08:41] >> it passes on a 7-2 vote. [1:08:45] >>coun. Pe}a: formalities -- how [1:08:46] would you -- what's the process [1:08:48] now for formalities? [1:08:51] Before we go to that, I just [1:08:53] want to say, you know, we [1:08:55] have -- this is really -- you [1:08:57] know, I expected this to be kind [1:08:59] of dead in the water. [1:09:01] I've already talked to some of [1:09:02] the union folks and let them [1:09:03] know it's probably dead in the [1:09:04] water. [1:09:07] I wanted to make sure to try to [1:09:10] bring this back as a last-ditch [1:09:10] effort. [1:09:12] As you think, I'm going to [1:09:13] rehash some of what councilor [1:09:16] bassan said at one point. [1:09:23] We have a budget -- I just [1:09:24] described our budget we have [1:09:25] with our grt. [1:09:28] The truth of the matter is we [1:09:30] don't grow it by that much. [1:09:36] We're held hostage, by lack of a [1:09:38] better word, but we base most of [1:09:41] our entire budget on the grt. [1:09:44] When we talk about flexibility [1:09:45] and services that the community [1:09:48] wants and needs and the trash [1:09:51] picked up and all the pictures [1:09:53] that councilor rogers just [1:09:56] showed minutes ago, all those [1:09:58] things require staff needed to [1:09:59] be able to do those things. [1:10:01] And when you look at our budget [1:10:04] you hear we don't have enough [1:10:05] staff. [1:10:06] We have vacancies. [1:10:09] We're not paying our staff [1:10:10] adequately. [1:10:12] They're going to other [1:10:12] municipalities. [1:10:13] They're leaving the city. [1:10:15] Before, many years ago, working [1:10:18] for the city of albuquerque was [1:10:19] paramount. [1:10:21] That's how you -- when you're in [1:10:23] poverty or when you're working [1:10:25] class that's how you got out by [1:10:28] getting a job that provided [1:10:30] benefits and security. [1:10:33] And government has not been that [1:10:33] way. [1:10:36] We haven't done a good job of [1:10:37] doing that. [1:10:40] I mentioned this last time, I've [1:10:42] been on council for 12 years. [1:10:45] Of those 12 years, our city [1:10:49] employees have not been able to [1:10:53] receive a significant wage [1:10:55] increase to really even keep up [1:10:56] with cost of living. [1:10:59] When we ask ourselves why aren't [1:11:00] these things happening in the [1:11:02] way we would like to see them [1:11:06] happen in our community, it's [1:11:07] going to continue. [1:11:08] Because if we do nothing, we [1:11:09] have the same. [1:11:14] If we do something -- not us as [1:11:16] a council doing it, this vote [1:11:19] right now really took the [1:11:21] ability away from you the voters [1:11:23] to make the decision whether we [1:11:26] should do this or not. [1:11:30] Thank you. [1:11:35] Formalities. [1:11:36] >> MADAM PRESIDENT, in [1:11:38] consulting with the clerk of the [1:11:39] council, the letter of [1:11:43] introduction will be amended to [1:11:45] remove that bill from the letter [1:11:47] and it will be reflected in the [1:11:49] journal that the vote was taken [1:11:51] to take that off. [1:11:52] >>coun. Pe}a: okay. [1:11:54] Thank you so much. [1:11:57] We can proceed? [1:11:58] Okay. [1:12:00] MADAM Clerk. [1:12:02] >> this is approval of the [1:12:03] letter of introduction. [1:12:06] Did I get a second? [1:12:09] >>coun. Pe}a: yes. [1:12:11] Did you get the person? [1:12:15] [Roll call]. [1:12:18] >>coun. Baca: yes. [1:12:19] >>coun. Bassan: repeat what [1:12:22] we're voting on. [1:12:24] Thank you, yes. [1:12:26] >>coun. Champine: yes. [1:12:29] >>coun. Fiebelkorn: yes. [1:12:31] >>coun. Grout: yes. [1:12:33] >>coun. Lewis: yes. [1:12:36] >>coun. Rogers: yes. [1:12:37] >>coun. Telles: yes. [1:12:46] >>coun. Pe}a: no. [1:12:53] 8-1. [1:12:58] Got it? [1:13:01] We are now on item 7, reports of [1:13:01] committee. [1:13:02] There are none. [1:13:05] Deferrals and withdrawals, [1:13:07] councilors, are there any [1:13:11] deferrals or withdrawals? [1:13:13] Committee of the whole chair [1:13:13] grout. [1:13:16] >>coun. Grout: I'd like to pull [1:13:25] ec-26-160. [1:13:26] >>coun. Pe}a: on the consent [1:13:29] agenda. [1:13:31] Did you want to read it off? [1:13:35] >>coun. Grout: sure. [1:13:37] Ec-160 is approval of the [1:13:39] agreement with home wise [1:13:41] incorporated to utilize housing [1:13:42] and neighborhood economic [1:13:43] development funds in the amount [1:13:48] of $2.8 million to administer [1:13:50] homeowner rehabilitation [1:13:51] program. [1:13:54] >>coun. Pe}a: okay. [1:13:56] Now, we don't need a second. [1:13:58] Thank you, councilor rogers. [1:14:00] With that, for the individuals [1:14:02] on tonight's consent agenda [1:14:04] being appointed tosoever on a [1:14:05] board or commission thank you [1:14:07] for your willingness to serve. [1:14:10] I move proval of the consent [1:14:10] agenda. [1:14:11] I'll take it now. [1:14:12] Councilor rogers. [1:14:13] There's a motion, and a second [1:14:13] by councilor rogers. [1:14:15] [Roll call]. [1:14:17] >>coun. Baca: yes. [1:14:19] >>coun. Bassan: yes. [1:14:21] >>coun. Champine: yes. [1:14:23] >>coun. Fiebelkorn: yes. [1:14:25] >>coun. Grout: yes. [1:14:27] >>coun. Lewis: yes. [1:14:30] >>coun. Rogers: yes. [1:14:32] >>coun. Telles: yes. [1:14:32] >>coun. Pe}a: yes. [1:14:35] >> passes unanimously. [1:14:35] >>coun. Pe}a: thank you. [1:14:36] Councilor grout. [1:14:38] >>coun. Grout: thank you, MADAM [1:14:38] PRESIDENT. [1:14:41] I'm very interested in this [1:14:42] program. [1:14:44] I think it's wonderful. [1:14:46] I have a few questions. [1:14:49] First of all, it took -- this [1:14:51] rfp went out two, three years [1:14:51] ago. [1:14:52] Three years ago. [1:14:57] And it's just now coming to [1:14:57] council. [1:15:01] Can someone explain a little [1:15:02] bit? [1:15:04] >> MADAM PRESIDENT, councilor [1:15:07] grout, director ramirez is here. [1:15:09] You can speak with our new [1:15:12] deputy director, jordan barela, [1:15:15] to speak to this specific [1:15:17] contract. [1:15:20] >> thank you, MADAM PRESIDENT. [1:15:21] Councilor grout, the timing [1:15:23] related to the home wise [1:15:25] contract did take quite [1:15:25] sometime. [1:15:27] As I understand it from staff, [1:15:29] the rfp was submitted in [1:15:30] SEPTEMBER of 2023. [1:15:31] Some of the issues pertain to [1:15:33] the rfp review committee as far [1:15:35] as the timing was concerned. [1:15:39] This program is funded through [1:15:42] our fund which requires members [1:15:44] to be on the ad hoc committee. [1:15:46] It was very difficult to get two [1:15:48] members to go through the entire [1:15:48] process. [1:15:50] A few members had to change a [1:15:52] couple times which stalled the [1:15:54] reward. [1:15:55] >>coun. Grout: thank you. [1:15:58] I'm looking at a map of the [1:16:00] pockets of poverty. [1:16:03] Can that be expanded at all? [1:16:05] It's very concentrated. [1:16:07] I know there are other areas in [1:16:08] the city that can benefit from [1:16:08] this. [1:16:11] How can we make that change? [1:16:14] >> MADAM PRESIDENT, councilor [1:16:17] grout, to go back to the history [1:16:19] of the program, it was initially [1:16:21] funded through an urban [1:16:22] development action grant that [1:16:24] was provided by hud. [1:16:25] At the time that grant, I [1:16:26] believe it was awarded in the [1:16:29] 80s, was provided for economic [1:16:30] development activities. [1:16:33] The loan proceeds were provided [1:16:34] for the program. [1:16:36] As I understand one of the [1:16:38] requirements is the loan [1:16:40] proceeds be used in the pocket [1:16:42] of poverty which is why the [1:16:43] ordinance is set up this way. [1:16:45] In terms of whether that map can [1:16:47] be readdressed at this point in [1:16:50] time, that's a question that was [1:16:51] brought to my attention. [1:16:52] that's something we going to [1:16:53] have to research to determine if [1:16:55] those requirements are removed [1:16:57] to make that change. [1:16:58] >>coun. Grout: thank you. [1:17:00] I personally would like to defer [1:17:02] this ec a couple weeks and work [1:17:04] on it to see what we can do if [1:17:08] we need to make changes to the [1:17:08] ordinance. [1:17:12] I do believe there's more -- a [1:17:14] broader area that could benefit [1:17:14] from this. [1:17:16] It's a great program. [1:17:18] I'm all for it. [1:17:21] I think the rfp went out three [1:17:24] years ago, AUGUST 21st. [1:17:25] That's three years. [1:17:27] I don't think two weeks is going [1:17:29] to hurt just to get a few more [1:17:31] questions answered and possibly [1:17:33] broaden the scope of where this [1:17:35] would take us. [1:17:36] >> councilor grout, I believe [1:17:38] councilor rogers has a few [1:17:38] questions. [1:17:41] Your motion to defer and [1:17:45] questions over it with councilor [1:17:45] telles. [1:17:47] Can it wait for questions? [1:17:48] >>coun. Grout: sure. [1:17:49] >>coun. Rogers: thank you, MR. [1:17:50] Vice PRESIDENT Champine. [1:17:51] Thank you for being here. [1:17:54] I have a lot of questions. [1:17:56] I was very vocal about the last [1:17:57] round of home renovation money [1:17:58] that home wise got. [1:18:01] They were responsible for doing [1:18:03] low income areas, communities of [1:18:04] color. [1:18:05] They brought us data and helped [1:18:08] nobody in the low income [1:18:08] bracket. [1:18:11] And the data was shoddy on who [1:18:12] they actually helped. [1:18:14] But it was clear it wasn't [1:18:16] anyone in the low income bracket [1:18:18] which is also what the grant [1:18:18] requires. [1:18:20] what are we putting in place [1:18:21] this time if we're going to give [1:18:22] them more money? [1:18:25] Last time it was $3 million. [1:18:29] I was a city employee working in [1:18:30] inclusion and it took three [1:18:32] years to get that money out and [1:18:33] only because I became a city [1:18:34] councilor and I asked what [1:18:36] happened to this money. [1:18:38] We found out at that time they [1:18:40] still hadn't spent it all. [1:18:41] And we're going to reward them [1:18:45] with $2.8 million when they kept [1:18:52] this in their accounts [1:18:53] generating interest while [1:18:54] thousands of people in [1:18:55] albuquerque, especially seniors, [1:18:59] who could not afford home [1:19:02] renovations were not helped. [1:19:03] What is the department going to [1:19:05] do to make sure if we agree to [1:19:08] give them 2.8 [1:19:11] $2.8 million more, [1:19:12] which I don't think we should, [1:19:17] what is the contingency plan to [1:19:19] make sure they do what we expect [1:19:20] quickly and it doesn't take [1:19:22] three years to get this money [1:19:22] out? [1:19:24] >> MADAM PRESIDENT, councilor [1:19:26] rogers, within hhh and community [1:19:27] development we have a compliance [1:19:29] team and when it comes to this [1:19:32] types of programs and the [1:19:33] grantees of the programs. [1:19:36] Hhh reserves to audit the files [1:19:36] to determine anybody that [1:19:39] received that funding income [1:19:41] qualified and lived in a [1:19:41] designated area. [1:19:42] >>coun. Rogers: MADAM PRESIDENT, [1:19:44] I hate to cut you off. [1:19:45] Those contingency plans didn't [1:19:48] work with the last $3 million [1:19:50] you gave them. [1:19:52] I know you're knew to the city. [1:19:54] You shouldn't be speaking to [1:19:56] this, let's switch places with [1:19:58] director ramirez. [1:20:01] director ramirez, you and I have [1:20:03] gone round and round about home [1:20:04] wise and this program. [1:20:06] Your contingency plans didn't [1:20:07] work last time. [1:20:08] What are we going to do [1:20:10] differently this time to make [1:20:10] sure? [1:20:13] Where is it in the contract? [1:20:17] >> MADAM PRESIDENT, councilor [1:20:19] rogers, the initial awarding of [1:20:23] the partnership with home [1:20:25] wise -- and the applications [1:20:25] now. [1:20:27] Did we work hand and hand with [1:20:29] home wise and they're here [1:20:30] tonight as well, it was to be [1:20:31] able to make sure that [1:20:33] compliance was there and the [1:20:34] structure was there and there [1:20:35] was the ability to get that [1:20:36] money out to the individuals [1:20:37] that qualified for that [1:20:38] particular program. [1:20:42] As this funding comes to you all [1:20:44] for approval and we move forward [1:20:47] in that, those contingency [1:20:47] ies [1:20:50] will make sure the compliances [1:20:52] happens and the individuals [1:20:54] served meet the qualifications [1:20:55] in the overview. [1:20:56] >>coun. Rogers: it sounds like [1:20:58] the same answer. [1:21:01] What is different this time? [1:21:03] >> MADAM PRESIDENT, councilor [1:21:04] rogers, I don't understand in [1:21:05] regards to what you would like [1:21:06] to see different. [1:21:08] I'm hearing you're saying the [1:21:09] compliance wasn't there. [1:21:11] I don't believe that was -- [1:21:12] >>coun. Rogers: your department [1:21:13] audited them, correct? [1:21:15] >> the compliance for the [1:21:17] previous funding allocation? [1:21:19] Yes, the monitoring did happen. [1:21:20] >>coun. Rogers: I heard from [1:21:21] your previous director there was [1:21:24] some issues with that, correct? [1:21:26] with how quickly they got the [1:21:28] money out and who were they [1:21:31] expected to help? [1:21:32] It was an issue. [1:21:35] And now I'm asking as the [1:21:37] steward of this money, your [1:21:39] responsibility as the director [1:21:40] of the department is to make [1:21:43] sure who we give it to does the [1:21:45] right thing with the dollars. [1:21:47] If you can't speak to that, who [1:21:51] from home wise can? [1:21:54] Who is here from home wise? [1:21:55] If your department -- thank you, [1:21:56] MADAM PRESIDENT. [1:21:57] If your department cannot tell [1:21:59] me how we're going to make sure, [1:22:01] I'd like to hear from the [1:22:05] provider directly. [1:22:08] Just for the public, I've been [1:22:09] doing this with home wise for [1:22:10] almost six years. [1:22:14] It was first as a city employee [1:22:16] and now as a councilor. [1:22:17] Tell me your name. [1:22:19] >> carl davis. [1:22:20] >>coun. Rogers: how long have [1:22:21] you been with home wise? [1:22:22] >> seven years. [1:22:24] >>coun. Rogers: awesome, tell me [1:22:26] how we're going to make sure [1:22:27] this money gets to the people [1:22:31] it's intended to get to. [1:22:32] It didn't happen in the last [1:22:32] round. [1:22:34] >> we have to take a minute. [1:22:35] It did get to the people. [1:22:38] The average income of the [1:22:40] recipients was 26k a year. [1:22:42] Everyone was below 80% ami. [1:22:44] >>coun. Rogers: that is not the [1:22:47] data we actually displayed [1:22:49] publicly from your company. [1:22:51] >> that is the data we provided [1:22:53] ahead of this meeting. [1:22:55] >>coun. Rogers: ahead of this [1:22:57] meeting, but what was presented [1:22:59] to this council publicly did not [1:23:00] show that. [1:23:02] I am am happy to send that to [1:23:03] you. [1:23:04] I know we have to move on. [1:23:06] We have a lot of things. [1:23:08] I don't want to belabor this [1:23:09] point. [1:23:10] We need to get on the same page. [1:23:11] We have people suffering. [1:23:14] We have an insurance crisis in [1:23:15] this country where insurance [1:23:17] companies are leaving homeowners [1:23:18] with the bag. [1:23:21] Holding the bag who have holes [1:23:22] in their roof. [1:23:24] Who have not working plumbing [1:23:26] which home wise, thank you for [1:23:28] helping one of the constituents [1:23:30] I was able to call you and hold [1:23:32] your feet to the fire to help [1:23:33] someone in my district who [1:23:34] needed your help. [1:23:37] You went and above and beyond to [1:23:40] help because a councilor called. [1:23:41] I want us to work together as a [1:23:43] team to make sure the people who [1:23:44] needs this help gets the help [1:23:45] they deserve. [1:23:47] And that is extremely important. [1:23:50] Back to director ramirez, how [1:23:54] many rauntds -- respondents did [1:23:56] we have for this rfp? [1:23:57] >> one. [1:23:58] >>coun. Rogers: and that's [1:24:00] exactly the excuse you gave me [1:24:00] last time. [1:24:02] Which means your department did [1:24:04] not do any recruitment. [1:24:08] Can you tell me about your [1:24:09] recruitment process for this? [1:24:11] >> MADAM PRESIDENT, councilor [1:24:14] rogers, understanding that the [1:24:18] agency we spoken to encourage to [1:24:20] apply the capacity surpassed the [1:24:21] city. [1:24:22] We had the conversations with [1:24:24] them to encouraging them to [1:24:27] submit applications, in the end [1:24:29] we had one respondent. [1:24:32] >>coun. Rogers: guess what, I [1:24:33] tried to recruit. [1:24:34] They didn't want to do business [1:24:35] with your department. [1:24:37] That's the feedback I got from [1:24:40] the companies I begged to [1:24:41] respond to this. [1:24:42] They don't want to do business [1:24:44] with the city of albuquerque. [1:24:45] We have to do better. [1:24:47] I'm going to continue to say [1:24:50] this to hhh, health, housing, [1:24:51] and homelessness. [1:24:52] That is your charge. [1:24:54] Not ACSs. [1:24:56] You have millions of dollars at [1:24:58] your fingertips. [1:25:01] We saw amazing outcomes from [1:25:03] $380,000 from councilor [1:25:06] bassan's -- did you see that [1:25:07] data? [1:25:11] $380 million, I can't get that [1:25:13] data from your department to [1:25:14] show impact and outcomes. [1:25:16] My district, I'm done. [1:25:18] I think that's the theme for [1:25:18] today. [1:25:20] I'm done living like this. [1:25:21] I am done, done, done. [1:25:22] We've got to get better. [1:25:26] Thank you, MADAM PRESIDENT. [1:25:27] One more thing. [1:25:30] Thank you, MADAM PRESIDENT. [1:25:31] To answer councilor grout's [1:25:35] question about pockets of [1:25:36] poverty, that is held for [1:25:38] opportunity zones we just went [1:25:39] through as a city, and thank you [1:25:41] to secretary rob black for [1:25:43] giving me and the city of [1:25:45] albuquerque an extension. [1:25:48] We almost missed that deadline, [1:25:49] councilor grout, to identify new [1:25:50] opportunity zones. [1:25:52] That is how this map is taking [1:25:54] care of through our census and [1:25:57] opportunity zones. [1:25:58] Thank goodness I know all about [1:26:00] the census and how this works [1:26:02] and was able to flag it go [1:26:04] myself and get an extension from [1:26:06] the state of new mexico because [1:26:09] albuquerque missed the deadline. [1:26:12] and thank goodness we got that [1:26:13] extension and worked as a team [1:26:14] with economic development to [1:26:17] make sure we put in opportunity [1:26:19] zones so the pockets of poverty [1:26:21] can be extended to the other [1:26:22] areas that need them. [1:26:23] That's the process. [1:26:25] We almost missed the boat. [1:26:27] Thank you, MADAM PRESIDENT. [1:26:28] >>coun. Pe}a: councilor telles. [1:26:29] >>coun. Telles: thank you, MADAM [1:26:31] PRESIDENT. [1:26:34] Hello, director. [1:26:38] Welcome to the [1:26:45] circus of chaos. [1:26:48] I wanted to visit the pockets of [1:26:49] poverty matter here. [1:26:52] From our ordinance, it doesn't [1:26:53] come from opportunity zones. [1:26:57] It was written into our city's [1:26:57] ordinance. [1:26:58] I don't know if you know this, [1:27:00] so if you do, please indulge me [1:27:03] for a minute because maybe other [1:27:04] people don't. [1:27:06] It was written into our city's [1:27:10] code of ordinances back in 1987. [1:27:11] Because we wanted to make sure [1:27:15] we were in compliance with the [1:27:15] udag. [1:27:18] That's what you're following, [1:27:18] correct? [1:27:19] Okay. [1:27:21] The udag no longer exists. [1:27:26] It was terminated at the federal [1:27:26] level. [1:27:29] These funds, as far as I can [1:27:30] find, haven't been included in [1:27:32] the cfa for years. [1:27:34] It's not listed as an active [1:27:38] federal award. [1:27:41] So, are you treating these loan [1:27:43] repayments in that projects fund [1:27:45] as a permanent condition that [1:27:47] was tied to those specific [1:27:49] parameters of pockets of [1:27:53] poverty? [1:27:55] >> MADAM PRESIDENT, councilor [1:27:56] telles, no. [1:27:57] not in relation to trying it [1:27:59] into the original grant [1:28:00] agreements, but in relation to [1:28:04] trying it into the ordinance. [1:28:05] >>coun. Telles: right. [1:28:08] Then, we need to do some work on [1:28:09] the council. [1:28:10] Our job now -- we're going to [1:28:13] have to update that ordinance [1:28:14] and amend it. [1:28:18] Because we can't just [1:28:20] unilaterally extend it outside [1:28:22] of the pockets of poverty, which [1:28:24] is an 11-mile area. [1:28:27] How long have those funds been [1:28:30] sitting in that fund 277? [1:28:31] >> MADAM PRESIDENT, councilor [1:28:33] telles, I don't know exactly, [1:28:34] but quite sometime. [1:28:36] >>coun. Telles: yeah, like 40 [1:28:36] years. [1:28:38] Those funds have been sitting in [1:28:43] that fund for 40 years. [1:28:45] It's all been based off of these [1:28:51] pockets of poverty under a [1:28:52] definition that hasn't existed [1:28:55] since 1988. [1:28:59] So, we need to -- but, we can't [1:29:00] actually do that until we have [1:29:03] answers to a couple of things. [1:29:07] And it requires us to know if [1:29:11] there is a permanent condition [1:29:15] in that original udag [1:29:17] requirement that tied to the [1:29:20] loan repayment. [1:29:23] While we can amend that [1:29:26] ordinance, we can't until we [1:29:26] know that. [1:29:29] I had a good conversation with [1:29:32] MS. Montoya from your office [1:29:33] earlier today. [1:29:35] She did send me some really good [1:29:35] information. [1:29:36] But I'm really glad that [1:29:37] councilor grout pulled this [1:29:39] because we definitely need to [1:29:42] defer this until we can know [1:29:43] what those original grant [1:29:45] parameters were. [1:29:47] Because we just -- you know, we [1:29:49] can either -- there's two things [1:29:51] that can happen. [1:29:54] We're just stuck within this [1:29:57] 11-mile restriction that was [1:30:00] created in 1987, or we can [1:30:04] expand it to other pockets of [1:30:05] poverty that exist in the city [1:30:07] that really, really needs this [1:30:07] money. [1:30:12] And that really -- to councilor [1:30:22] rogers's point, to extend these [1:30:24] opportunities -- when I was in [1:30:27] school, when I was 14 or 15 [1:30:30] years old, my family benefitted [1:30:32] from a rehabilitation program by [1:30:34] the city. [1:30:37] This was in las cruces, but it [1:30:38] made a huge difference. [1:30:41] We were literally sleeping on [1:30:43] our concrete floors in our [1:30:44] house. [1:30:52] We had to shove napkins in the [1:30:55] corners of our houses because it [1:30:57] would get cold. [1:30:59] It was just -- these type of [1:31:02] programs are so incredibly [1:31:04] important and they make it such [1:31:05] a huge difference that we should [1:31:09] not be restricting them to [1:31:12] certain zones when that poverty [1:31:15] exists throughout the city. [1:31:19] I do need to -- before we can do [1:31:22] anything, we have to find out if [1:31:27] there is any sort of permanent [1:31:30] condition tied to loan [1:31:30] repayments. [1:31:36] It MAY be worth requesting our [1:31:38] ITAs to extend our scope and [1:31:40] test that and see if they can [1:31:43] find that information for us. [1:31:46] MS. Sandoval, that might be an [1:31:47] option because this is going to [1:31:53] go pretty far back into cfa [1:31:53] items. [1:31:56] I don't think it's been on -- I [1:32:03] haven't seen it since the fy24 [1:32:04] acfr. [1:32:07] I think it came up in, maybe, [1:32:08] 2008. [1:32:12] But the historical documents [1:32:15] aren't very there for us. [1:32:17] Yeah, I would appreciate if we [1:32:20] could find that information out [1:32:23] because otherwise we're [1:32:26] unfortunately stuck with that [1:32:32] 11-mile area for this particular [1:32:33] money. [1:32:36] Thank you. [1:32:38] >>coun. Pe}a: thank you. [1:32:40] Just a couple questions related [1:32:41] to this. [1:32:44] This is the home wise that does [1:32:46] rehabilitation for the houses, [1:32:47] right? [1:32:48] Am I correct? [1:32:49] >> MADAM PRESIDENT, that's [1:32:49] correct. [1:32:53] >>coun. Pe}a: that's what where [1:32:53] a [1:32:55] -- that's what I assumed it [1:32:55] was. [1:32:57] Hearing some of the concerns, I [1:32:58] think they should probably look [1:33:02] at, you know, we should always [1:33:04] revisiting -- we should revisit [1:33:06] fees and whether we have tax [1:33:07] increase for revenue. [1:33:09] We should revisit how we fund [1:33:11] some of our social service [1:33:12] grant. [1:33:13] I think all those things are [1:33:14] important. [1:33:16] I'll just say that I think my [1:33:20] opinion differs a little. [1:33:21] I just don't want the public to [1:33:23] think everyone on the council, [1:33:25] but I'm speaking for myself, put [1:33:27] it came across that everybody on [1:33:28] the council feels this way. [1:33:30] I just want you all to know just [1:33:32] a few short years ago, I'm not [1:33:36] sure who was on council then, [1:33:40] maybe councilor bassan and maybe [1:33:41] councilor lewis, but we were [1:33:43] using most of this money -- [1:33:45] correct me if I'm wrong, we were [1:33:47] using most of this money for [1:33:48] affordable housing. [1:33:50] We were stockpiling affordable [1:33:51] housing dollars. [1:33:52] and we were not being able to [1:33:55] get many of those affordable [1:33:57] housing dollars out the door. [1:34:00] I did an amendment one year -- I [1:34:02] think councilor fiebelkorn was [1:34:05] here -- I did an amendment one [1:34:06] here to actually take out that [1:34:11] $3 million for housing [1:34:12] rehabilitation. [1:34:13] I think councilor baca later [1:34:17] renamed it a name -- gave it a [1:34:17] name. [1:34:20] Just a few short years ago, [1:34:21] whether home wise is the only [1:34:24] recipient who responded or not, [1:34:27] we were not doing home [1:34:28] rehabilitation in our city. [1:34:30] We have so many seniors and [1:34:35] houses are delpidated, yet we [1:34:40] take both -- eventually, they [1:34:44] have their resources to be able [1:34:48] to rehabilitation their houses. [1:34:50] And we vote here on this dais to [1:34:53] condemn that house, knock that [1:34:55] house down. [1:34:56] On principle, it's something [1:34:59] that's needed to be done, but on [1:35:01] principle, I've never voted for [1:35:03] those because I said I won't [1:35:05] vote for those until we have a [1:35:09] program that helps with housing [1:35:09] rehabilitation. [1:35:11] Just carving out that $3 [1:35:13] million, which I think we should [1:35:15] give this money to home wise and [1:35:17] we should carve out another six [1:35:19] or seven million dollars to do [1:35:20] this because our housing [1:35:22] stock -- if we're talking about [1:35:24] housing first and keeping people [1:35:26] in their houses we need to help [1:35:27] those in the neighborhoods and [1:35:30] people who can't afford to make [1:35:34] those necessary repairs. [1:35:37] I met with home wise, I talked [1:35:39] to them about they've done with [1:35:42] the resources. [1:35:43] Unfortunately, the resources [1:35:46] don't go as far as we would [1:35:46] like. [1:35:52] i know they ended up helping 60 [1:35:56] homeowners, but -- 58? [1:35:57] I know it was about 58 for the [1:35:59] $3 million. [1:36:01] I would hope that our department [1:36:03] can look at how we get the best [1:36:07] bang for the dollar in terms of [1:36:11] $2.8 million for 60 homes, even [1:36:12] though there's all the costs [1:36:14] that's associated with it. [1:36:15] They have administrative cost [1:36:17] and utility cost and everything [1:36:20] is partially factored into this. [1:36:23] And as we bring these back in [1:36:25] house like we used to have the [1:36:27] housing, right, which I'm for [1:36:31] those kinds of things, but as [1:36:35] far as I know home wise has done [1:36:36] a decent job. [1:36:37] I think you guys have to do do [1:36:40] the checks and balances to make [1:36:41] sure for that. [1:36:43] But I really think that this is [1:36:47] just a drop in the bucket. [1:36:50] In reality, $2.8 million can [1:36:54] only help 60 homes, we have to [1:36:55] do better. [1:36:56] 68 homes. [1:36:57] We were all wrong. [1:37:00] It was 68 homes. [1:37:03] Just to say that, I'm not going [1:37:06] to vote for the deferral. [1:37:09] I do think when we're talking [1:37:11] about some of these things, even [1:37:12] budgetary how we need these [1:37:14] things and how we need housing [1:37:15] rehabilitation and we need it in [1:37:18] more pockets of poverty and as [1:37:20] you can see the frustration from [1:37:22] some councilors here talking [1:37:24] about it they want it in their [1:37:26] area as well, this is a new [1:37:27] program that just started a few [1:37:28] years ago. [1:37:30] And the demand out there is so [1:37:34] high that we're a little bit [1:37:35] behind the eight ball. [1:37:37] I hope when we talk about the [1:37:38] budget, we do that. [1:37:39] And when we talk about [1:37:41] affordable housing dollars, I [1:37:44] know it helps the bigger cause, [1:37:46] but putting everything just into [1:37:49] affordable housing doesn't [1:37:51] address our neighbors in our [1:37:52] community. [1:37:55] With that, I will go to [1:37:57] councilor grout for her main [1:37:57] motion. [1:37:59] >>coun. Grout: I would like to [1:38:01] defer it for two weeks so we can [1:38:06] have a little bit more offline [1:38:09] conversations and plan going [1:38:09] forward. [1:38:10] I think it's great program. [1:38:11] I'm all for it. [1:38:15] But I have some questions. [1:38:16] >>coun. Pe}a: there's a motion [1:38:20] and a second for a two-week [1:38:21] deferral. [1:38:22] [Roll call]. [1:38:23] >>coun. Baca: yes. [1:38:25] >>coun. Bassan: no. [1:38:26] >>coun. Champine: yes. [1:38:28] >>coun. Fiebelkorn: yes. [1:38:30] >>coun. Grout: yes. [1:38:32] >>coun. Lewis: yes. [1:38:35] >>coun. Rogers: yes. [1:38:37] >>coun. Telles: yes. [1:38:37] >>coun. Pe}a: no. [1:38:41] >> passes on a 7-2 vote. [1:38:42] >>coun. Pe}a: thank you. [1:38:43] We're now on announcements, [1:38:47] which is item 9. [1:38:49] Councilor lewis. [1:38:51] >>coun. Lewis: one second. [1:38:52] There will be a finance [1:38:53] government operations committee [1:38:56] meeting on monday, AUGUST 10, [1:38:57] 5:00 P.M. In city council [1:38:59] committee room, ninth floor [1:39:03] suite 9003 city of albuquerque [1:39:04] government center. [1:39:05] >>coun. Pe}a: councilor bassan. [1:39:06] >>coun. Bassan: there will be an [1:39:07] intergovernmental legislative [1:39:09] relations committee meeting on [1:39:11] wednesday, AUGUST 5th at 3:00 [1:39:12] P.M. Via zoom. [1:39:13] And there's a land use planning [1:39:15] zoning committee meeting on [1:39:18] wednesday, AUGUST 12th at 5:00 [1:39:19] P.M. In the vincent e. Griego [1:39:20] chambers basement level of the [1:39:21] albuquerque government center. [1:39:23] This will be a hybrid meeting. [1:39:25] >>coun. Pe}a: thank you, [1:39:27] councilor bassan, for those two [1:39:28] announcements. [1:39:34] It is now 7:05. [1:39:34] I apologize. [1:39:35] Councilor rogers. [1:39:36] >>coun. Rogers: thank you, MADAM [1:39:36] PRESIDENT. [1:39:38] I just wanted to announce we [1:39:40] have national night out tomorrow [1:39:41] across the city. [1:39:45] If you google cabq national [1:39:47] night out you can find one at a [1:39:48] park or somewhere near you. [1:39:51] I think we have over 40 events [1:39:54] across the entire city. [1:39:55] Me and councilor baca compete [1:39:57] for who has more. [1:40:00] I think he has beat me by one. [1:40:04] District six has seven events to [1:40:05] join us. [1:40:07] All the council districts. [1:40:09] I encourage everybody to come [1:40:09] out. [1:40:11] This is about engaging in a [1:40:13] different way with our [1:40:15] neighbors, with each other, [1:40:17] neighborhood associations, city [1:40:18] leaders. [1:40:20] All of us I'm sure are making [1:40:21] the rounds. [1:40:26] I know directors are getting [1:40:26] assigned. [1:40:27] It's really one of my favorite [1:40:29] times to humanize each other to [1:40:30] each other. [1:40:32] We're all in this albuquerque [1:40:33] together. [1:40:34] And national night out is a [1:40:37] really good time for us to break [1:40:38] bread together. [1:40:41] I'm hosting one at daniel [1:40:43] webster park. [1:40:45] We have taco tuesday happening. [1:40:49] and we have rockin' rob and dj's [1:40:52] spinning the ones and twos. [1:40:53] I encourage everyone to come on [1:40:55] out and find one near you. [1:40:56] Let's fellowship together. [1:40:58] Thank you, MADAM PRESIDENT. [1:41:00] >>coun. Pe}a: thank you, [1:41:01] councilor rogers. [1:41:04] Now, it is 7:08. [1:41:06] We are going to take a dinner [1:41:07] break. [1:41:09] We'll return at 7:40. [1:41:15] >>coun. Pe}a: okay, everyone. [1:41:18] We're back in session. [1:41:23] We're now on item 10, financial [1:41:24] instruments. [1:41:25] This is councilor baca by [1:41:29] request. [1:41:29] O-38. [1:41:36] Councilor baca. [1:41:38] >>coun. Baca: thank you, MADAM [1:41:39] PRESIDENT. [1:41:40] O-38, authorizing the issuance [1:41:42] and sale of the albuquerque, new [1:41:45] mexico, taxable industrial [1:41:47] revenue bond sawmill hotel [1:41:50] projects series 2026 in the [1:41:54] principle amount of $40.2 [1:41:57] million to construct improve the [1:42:02] sawmill dream catcher hotel and [1:42:05] hampton suites with 130 guest [1:42:05] rooms. [1:42:07] I guess we open it up to public [1:42:07] comment. [1:42:10] >>coun. Pe}a: was that a motion? [1:42:25] You need to make a motion. [1:42:28] There's a motion, and a second [1:42:29] by councilor fiebelkorn for do [1:42:34] pass of o-38. [1:42:35] Councilor baca to open. [1:42:37] >>coun. Baca: thank you, MADAM [1:42:37] PRESIDENT. [1:42:38] I think I'd like to start with [1:42:41] public comment on this one. [1:42:42] Everybody has been waiting. [1:42:46] We have quite a few people. [1:42:47] >>coun. Pe}a: okay. [1:42:50] Call our first speaker, garret. [1:42:51] >> thank you, MADAM PRESIDENT. [1:42:54] Our first speaker is senator [1:43:05] o'malley followed by lisa. [1:43:10] >> MADAM Chair, I do have a [1:43:13] handout just so you can get a [1:43:15] sense of the -- you know, it's a [1:43:18] very primitive drawing, but it [1:43:24] gives you a sense of where we're [1:43:25] talking about. [1:43:27] Good evening, MADAM PRESIDENT, [1:43:28] councilors, I'm debbie o'malley. [1:43:31] I serve as advisor to the board [1:43:33] of directors for the sawmill [1:43:34] land trust. [1:43:35] I do want to say I appreciate [1:43:38] you have taken our concerns into [1:43:39] consideration regarding the irb [1:43:42] for hotel in the sawmill [1:43:42] district. [1:43:46] I did get a call from the [1:43:48] developer on thursday. [1:43:52] I met with him that afternoon. [1:43:54] He said he wants to move forward [1:43:55] with five stories. [1:43:58] That is the model he based his [1:43:59] model on. [1:44:02] Any change to the model would [1:44:03] require he reevaluate whether [1:44:05] that project is feasible. [1:44:06] That's what happens when you do [1:44:07] development. [1:44:08] In particular, we do a private [1:44:09] development and you're asking [1:44:12] for tax subsidies. [1:44:14] It's not a static thing. [1:44:17] You have to revise it because of [1:44:17] changes. [1:44:19] That argument could be made that [1:44:20] feasibility is placed on a [1:44:22] number of units. [1:44:24] We're not suggesting that he [1:44:25] reduce the number of rooms, [1:44:27] we're just suggesting the height [1:44:30] standards listed in mx-m be [1:44:30] followed. [1:44:32] He also stated he would not put [1:44:34] windows on the side of the [1:44:35] hotels so the people could not [1:44:38] look into people's yards. [1:44:42] Since it would be next to single [1:44:44] family housing. [1:44:50] That would be pretty weird. [1:44:52] he also said he was approved for [1:44:54] variance of a building for 60 [1:44:55] feet. [1:44:57] Assuming this is true, he would [1:44:59] have a variance for up to 60 [1:44:59] feet. [1:45:01] This is not a requirement he [1:45:03] build to 60 feet. [1:45:10] This council has a right to [1:45:11] lower the irb. [1:45:15] If it's the council's wish to [1:45:17] approve, we wish the restriction [1:45:20] for height and traffic for exit [1:45:23] and entering the development be [1:45:23] supported. [1:45:27] Thank you so much. [1:45:33] >> lisa followed by michael. [1:45:34] >> hello. [1:45:36] It's been a while. [1:45:38] Thank you so very much. [1:45:40] I'm here on behalf of new mexico [1:45:41] stronger together coalition. [1:45:42] As the founder. [1:45:45] Speaking to o-26-38, we [1:45:49] recognize that we are in need of [1:45:51] businesses and hotels and places [1:45:53] for people to stay when they [1:45:55] come and visit. [1:45:57] What we have been looking at and [1:45:59] for myself individually I very [1:46:00] much appreciate the patience [1:46:02] we've had. [1:46:04] And not ramrodding things and [1:46:06] taking the time and listening to [1:46:07] community. [1:46:09] The reality is you can make a [1:46:11] hotel and force one to be there, [1:46:12] that doesn't mean the community [1:46:14] is going to accept it or [1:46:14] partner. [1:46:16] I would encourage us to go at [1:46:18] the pace of the community that [1:46:19] lives there. [1:46:20] That doesn't mean you can't get [1:46:23] a hotel, I'm just asking -- and [1:46:25] thank you to the developers and [1:46:27] listening and partnering with [1:46:27] our community. [1:46:29] Our goal going forward is we [1:46:33] don't have to be at odds for tax [1:46:34] subsidies. [1:46:36] But we can do this together. [1:46:37] Community is not opposed to [1:46:38] development, just include us. [1:46:41] Please. [1:46:56] >> michael followed by austin. [1:47:09] Austin followed by peat. [1:47:11] >> I've never done formal [1:47:12] speaking. [1:47:13] Deal with me. [1:47:15] I'm a new mexico native, born [1:47:17] and raised in the north valley. [1:47:23] I went to st. Pious and went to [1:47:23] unm. [1:47:25] I wanted to get off it the [1:47:28] sidelines and be proactive on [1:47:30] voicing my opinion in the [1:47:31] community. [1:47:34] I'm in support of the new hotel [1:47:38] in the sawmill district. [1:47:40] After looking into a night for [1:47:42] special occasion and closer [1:47:45] hotels in the area, it ranges [1:47:52] from ch a -- chaco at $477. [1:47:55] It's not doable for somebody [1:47:55] like me. [1:47:59] A nice likeally mid-range priced [1:48:01] hotel with walking distance and [1:48:05] the restaurant and old town and [1:48:05] dpal [1:48:08] galleries and museums, I think [1:48:09] it would be help with traffic. [1:48:14] More walking and people doing [1:48:14] that. [1:48:15] That's all I have. [1:48:18] Hopefully that's enough. [1:48:19] I think it would be a great [1:48:20] addition. [1:48:22] Thank you so much for your time. [1:48:33] >> pete followed by tod. [1:48:36] >> I am the manager of plaza don [1:48:40] luiz and I own the taproom and [1:48:41] live in old town. [1:48:43] I retired from the state police [1:48:45] in 2019 as the chief. [1:48:47] I know about crime and what goes [1:48:48] on in the area. [1:48:50] I support the development. [1:48:52] I think it's difficult for new [1:48:53] construction projects in old [1:48:53] town. [1:48:56] This is as close aswe're going [1:48:59] to get. [1:49:00] The developers decided not to [1:49:01] include a bar or restaurant, [1:49:02] which is great. [1:49:04] Because where are those folks [1:49:06] going that are staying there? [1:49:08] They're going to old town and [1:49:10] sawmill and visit the local [1:49:10] establishments. [1:49:12] I think it offers an affordable [1:49:14] place for the average tourist to [1:49:16] stay when they come to downtown [1:49:17] and old town which is great for [1:49:18] the community. [1:49:19] Creates some good jobs too. [1:49:24] For the irb, I feel it should be [1:49:25] extended to anyone as it has [1:49:27] been for other entities. [1:49:29] I fully support it. [1:49:29] Thank you. [1:49:33] >> haily followed by tom. [1:49:37] >> hello, MADAM PRESIDENT, [1:49:37] councilors. [1:49:39] I am here to express my support [1:49:41] for the industrial revenue bond. [1:49:44] My first point is that this [1:49:47] hotel will befality [1:49:50] nefit albuquerque. [1:49:53] It strengthen's albuquerque's [1:49:56] ability to compete with houston [1:49:57] and phoenix. [1:50:00] Meeting planners consider many [1:50:03] factors when considering [1:50:05] destinations including [1:50:06] availability of programs. [1:50:09] We want to become part of the [1:50:10] community and create meaningful [1:50:12] long-term careers for residents. [1:50:15] Sun capital hotels has a [1:50:16] leadership development program [1:50:18] available to every employee not [1:50:19] just a select few. [1:50:20] And an employee's current [1:50:23] position does not determine how [1:50:25] they can -- a person can begin [1:50:27] in housekeeping, maintenance or [1:50:29] front desk and development into [1:50:30] a supervisor department head or [1:50:31] general manager. [1:50:33] For these reasons, I [1:50:34] respectfully ask you to support [1:50:36] this irb and thank you for your [1:50:42] consideration. [1:50:45] >> dina followed by aaron. [1:50:48] >> good evening, everybody. [1:50:52] I'm the general manager of [1:50:54] albuquerque uptown. [1:50:56] I've been -- I spent over 17 [1:50:58] years in the hospitality [1:50:58] industry. [1:51:00] I'm in support of improving the [1:51:02] irb for the project. [1:51:04] I understand concerns about [1:51:07] traffic and architecture and [1:51:11] bringing a hillton bran into old [1:51:11] town. [1:51:13] It will be locally owned and [1:51:15] operated and create local jobs [1:51:16] while generating tax revenue [1:51:18] that stays in the community. [1:51:20] Most importantly, hotels don't [1:51:22] just serve tourists, they serve [1:51:23] neighbors. [1:51:26] Every year, families are [1:51:28] displaced because of house [1:51:33] fires, flooding, mold and other [1:51:33] emergencies. [1:51:35] Most homeowners insurance [1:51:37] include coverage for temporary [1:51:39] hotel stays when a home is no [1:51:40] longer safe. [1:51:43] Allowing families to stay close [1:51:44] door communities. [1:51:47] Throughout my career I've seen [1:51:49] them stay with us for weeks and [1:51:51] months while they put their [1:51:52] lives back together. [1:51:54] Having quality affordable hotels [1:51:56] means our residents have a safe [1:51:58] place to go during some of the [1:51:59] most difficult times in their [1:51:59] life. [1:52:01] These hotels will also provide [1:52:05] an affordable option for local [1:52:07] families, hosting out of town [1:52:07] visitors. [1:52:08] >>coun. Pe}a: thank you. [1:52:10] Your time is up. [1:52:15] >> aaron followed by bernice. [1:52:16] >> MADAM PRESIDENT, councilors, [1:52:18] thank you for having us here [1:52:19] tonight. [1:52:20] Sun capital hotels changed the [1:52:22] path of my career by believing [1:52:23] in me and giving me the [1:52:27] opportunity to become a general [1:52:27] manager. [1:52:29] They saw the skills I already [1:52:31] had and invested in my potential [1:52:32] and trusted me to take the [1:52:34] challenge to help me grow in [1:52:37] ways I never imagined. [1:52:38] Though this opportunity -- [1:52:39] through this opportunity, I [1:52:40] learned how to solve new [1:52:43] construction and pre-opening [1:52:44] challenges. [1:52:46] Train and develop employees, and [1:52:47] set up new business for [1:52:48] long-term success. [1:52:50] Most importantly, I was able to [1:52:53] help others by hiring a local [1:52:54] team, building strong company [1:52:57] culture and developing future [1:52:59] leaders with sun capital hotels. [1:53:00] This experience shows me that [1:53:03] sun capital hotels truly einvest [1:53:05] in people, promotes from within [1:53:07] and prepares team members for [1:53:09] successful leadership [1:53:09] opportunities. [1:53:11] I am grateful for the trust they [1:53:13] placed in me because not only [1:53:15] did it change my career, degave [1:53:17] me the chance to help shape [1:53:18] career for others. [1:53:20] Thank you. [1:53:24] >> bernice followed by robert. [1:53:28] >> good evening, PRESIDENT, [1:53:29] councilors. [1:53:35] I live in the -- I am the [1:53:37] executive housekeeper there. [1:53:40] Throughout my career, I assist [1:53:42] with the leadership development [1:53:46] program at sun capitals program. [1:53:48] I have experienced significant [1:53:50] personal and professional growth [1:53:52] as I have developed I also [1:53:54] remain committed to supporting [1:53:56] the growth of and success to [1:53:58] supporting the growth in success [1:54:01] to others by encouraging [1:54:02] opportunities. [1:54:04] I believe these new projects [1:54:06] represents an exceptional [1:54:11] opportunity not only for the [1:54:12] companies expansion, but also [1:54:14] for the professional development [1:54:18] for our employees. [1:54:19] It would create new career [1:54:21] paths, strengthen our workforce [1:54:23] and provide meaningful [1:54:24] employment opportunities for [1:54:28] members of our community. [1:54:31] Thank you. [1:54:36] >> robert followed by adrian. [1:54:37] >> MADAM PRESIDENT, fellow [1:54:39] council members. [1:54:44] I am the general manager of [1:54:45] fairfield inn. [1:54:47] I grew up near central avenue [1:54:48] near old town. [1:54:50] I am proud to call albuquerque [1:54:51] home. [1:54:53] I worked in hospitality for 18 [1:54:54] years. [1:54:56] Starting in housekeeping and [1:54:58] working my way up through the [1:54:58] ranks. [1:55:01] Before joining sun capital [1:55:02] hotels I held leadership [1:55:04] positions and they gave me the [1:55:05] opportunity to grow in my [1:55:08] current role as general manager. [1:55:10] Sun capital believes in [1:55:12] investing in people and the [1:55:14] opportunity to attend [1:55:14] conferences. [1:55:17] I was given the tools to grow [1:55:18] professionally and personally. [1:55:20] Today, I have the privilege of [1:55:21] paying that forward. [1:55:23] I mentor and development [1:55:24] employees. [1:55:25] I am proud to say two of my [1:55:26] associates completed leadership [1:55:28] programs and managed departments [1:55:29] of their own. [1:55:31] started from breakfast and now [1:55:33] are front office manager and [1:55:35] house keepers. [1:55:37] I built strong relationship with [1:55:38] local businesses especially [1:55:40] restaurants and I hope you guys [1:55:47] support this. [1:55:53] >> adrian followed by consuela. [1:55:56] >> MADAM PRESIDENT, councilors, [1:55:58] I've spoken on behalf of this [1:55:58] before. [1:56:00] I'm asking you to protect the [1:56:01] sawmill district. [1:56:03] How I thought I could express my [1:56:06] thoughts in a one-minute session [1:56:10] in front of you is best [1:56:12] illustrated by a koat channel 7 [1:56:16] investigation that was done JUNE [1:56:17] 13th of this year. [1:56:19] The headline reads, albuquerque [1:56:22] hotels denied booking to local [1:56:22] residents. [1:56:28] Two hilton inn expresses have [1:56:29] policies prohibiting local [1:56:31] residents from booking rooms. [1:56:34] With one citing concerns about [1:56:35] unsavory activity. [1:56:37] I can't read the whole article [1:56:37] to you. [1:56:38] What I'm asking you to do is [1:56:40] protect the sawmill district. [1:56:43] A limited service hotel in the [1:56:46] most culturally sensitive [1:56:47] district in the city that we've [1:56:49] worked so hard for the last 25 [1:56:51] years to cure at something [1:56:52] special in the district with old [1:56:55] town and sawmill does not need [1:56:55] this. [1:56:58] Thank you very much for your [1:56:58] consideration. [1:57:04] >> consuela followed by viola. [1:57:09] >> good afternoon. [1:57:11] Evening, actually, already. [1:57:13] I am a general manager for the [1:57:15] sun capital honechlz I [1:57:18] hotels. [1:57:20] Sun capital is one of the most [1:57:22] caring companies I ever worked [1:57:22] for. [1:57:24] not only do their care about our [1:57:25] team members but they care about [1:57:26] our beautiful city. [1:57:28] We volunteer in our community, [1:57:30] purchase school supplies for our [1:57:31] team member's children. [1:57:33] We purchase turkeys and hams for [1:57:37] our team members over the the [1:57:37] holidays. [1:57:39] That's just a few things we do. [1:57:42] I worked at a hotel previously [1:57:44] owned by sun capital that was [1:57:45] sold to a different owner. [1:57:50] When the sale occurred, dapesh [1:57:52] gave me the opportunity to stay [1:57:54] with the same hotel or move to [1:57:56] another hotel within the sun [1:57:57] capital company. [1:58:00] At the time I chose to stay at [1:58:02] the hotel, I realized my home [1:58:03] was with sun capital. [1:58:05] He welcomed me back as a general [1:58:12] manager of an hilton hotel. [1:58:14] Hilton is not only a huge brand, [1:58:16] but sun capital is a local [1:58:20] company who takes pride and is [1:58:22] proud to be part of the city of [1:58:23] albuquerque. [1:58:27] >>coun. Pe}a: thank you. [1:58:38] >> viola followed by david. [1:58:39] >> good evening, MADAM [1:58:42] PRESIDENT, city councilors. [1:58:44] I am PRESIDENT Of the sawmill [1:58:45] land trust. [1:58:47] At the last meeting we all spoke [1:58:48] about the fact that the traffic [1:58:50] is becoming a worse problem in [1:58:52] the sawmill district. [1:58:54] And this five story hotel would [1:58:56] increase traffic along 18th [1:58:57] street. [1:58:58] The developers said at that time [1:59:00] the traffic would be less than [1:59:02] that of an office building and [1:59:04] he did not have to get a traffic [1:59:05] study. [1:59:07] Maybe not for an irb, but likely [1:59:10] for a building permit. [1:59:12] The fact is 18th street is not [1:59:14] an arterial street that can [1:59:16] carry a lot of vehicle traffic. [1:59:19] It is a street where pedestrian [1:59:23] traffic, bicycle traffic is [1:59:23] paramount. [1:59:25] For these reasons, we ask our [1:59:26] councilors to move amendments [1:59:28] forward for traffic and height [1:59:31] as condition of approval for the [1:59:31] irb. [1:59:34] It is important we get it right [1:59:35] at this area that we consider [1:59:41] the adjacent land use and design [1:59:42] and neighborhood character. [1:59:44] Thank you so much for your time. [1:59:51] >> david, followed by orlando. [1:59:53] >> I don't know if this camera [1:59:57] can focus on this. [2:00:04] Can it focus on that? [2:00:06] I'm PRESIDENT Of the sawmill [2:00:08] area neighborhood association. [2:00:10] And we are not opposed to the [2:00:11] development. [2:00:13] We think the idea of the hotel [2:00:14] is great. [2:00:17] I like the idea of the [2:00:18] mid-priced hotel. [2:00:20] But we're against the five [2:00:20] stories. [2:00:21] Three stories would be good. [2:00:25] Four stories, ehh, five stories [2:00:28] is the sort of thing that gets [2:00:30] the neighborhood association [2:00:30] irritated. [2:00:31] I think the council needs to [2:00:32] take that into account. [2:00:34] If you look at this map, it's [2:00:39] part of the packet you got [2:00:40] originally, the red dot is where [2:00:42] the hotel is, what you'll note [2:00:44] is on this proposal they cut all [2:00:44] the neighborhood away. [2:00:46] All you have here is industrial [2:00:46] stuff. [2:00:48] You have the apartments in this [2:00:49] area. [2:00:51] But the rest of it is not where [2:00:53] folks live, most of the time. [2:00:54] Where the folks live is to the [2:00:56] east of that. [2:00:58] That will be impacted by a [2:01:01] five-story building. [2:01:03] I think that's a bit of the [2:01:05] metaphor for the procedure that [2:01:08] has gone on for this which is [2:01:10] worried about grt. [2:01:12] We need to worry about the [2:01:12] neighbors. [2:01:13] For this reason, we're opposed [2:01:17] to a five-story building. [2:01:19] We're not opposed to a hotel. [2:01:24] >> orlando, followed by shaun on [2:01:25] zoom. [2:01:26] >> good evening, MADAM [2:01:27] PRESIDENT, councilors. [2:01:28] I'm the executive director of [2:01:30] the sawmill community land [2:01:30] trust. [2:01:34] I attended the meeting, the [2:01:37] communication consultant had. [2:01:40] As we mentioned at the last [2:01:42] meeting the land trust is [2:01:44] gearing up to the plan [2:01:47] repairening parcel. [2:01:49] Our effort include a traffic [2:01:49] study. [2:01:50] We appreciate the councilor [2:01:51] support for the effort. [2:01:52] Developments that exceed two [2:01:54] stories comply with the mxm none [2:01:57] of which exceed the maximum [2:01:59] height called out in the zon, [2:02:00] that's because the development [2:02:03] abuts a single family [2:02:04] subdivision. [2:02:05] We're asking the developers [2:02:06] consider the effort that height [2:02:08] and traffic on the existing [2:02:08] community. [2:02:10] This proposed hotel abuts an [2:02:12] older single family [2:02:12] neighborhood. [2:02:15] What is being proposed is a five [2:02:19] story boss, how is that [2:02:20] acceptable? [2:02:22] Please consider the amendments [2:02:24] to right that height comply with [2:02:28] mxm and any vehicular traffic [2:02:30] proposed enter and exit through [2:02:31] connection through 12th street. [2:02:34] >> shaun followed by jasper. [2:02:36] >>coun. Pe}a: one second. [2:02:38] >> MADAM PRESIDENT, councilors, [2:02:39] I'd like to make you aware that [2:02:42] the site plan and building a [2:02:45] permit stage of the proposed [2:02:46] development is going to be [2:02:48] considered quasi-judicial [2:02:50] commentary on design and zoning [2:02:53] for the property should be [2:02:56] limited and that will be for [2:02:57] further discussion as this [2:02:58] progresses. [2:03:02] >>coun. Pe}a: thank you. [2:03:07] >> shaun, followed by jasper. [2:03:09] >> good evening, can everyone [2:03:10] hear me? [2:03:13] >> we hear you very well. [2:03:14] >> thank you. [2:03:16] I was born and raised in [2:03:17] albuquerque, new mexico. [2:03:20] And as someone that owns a small [2:03:21] local business in the north [2:03:22] valley, I care about our local [2:03:24] community and its growth. [2:03:26] I believe this hotel project by [2:03:28] sun capital will greatly benefit [2:03:31] albuquerque sawmill and the old [2:03:33] town area by supporting existing [2:03:35] businesses, replacing daytime [2:03:36] office traffic with vibrant [2:03:38] weekend and providing affordable [2:03:39] lodging. [2:03:42] There are tons of community and [2:03:43] economic benefits. [2:03:48] It will boost log [2:03:49] cal shops and [2:03:50] restaurants and museums. [2:03:51] This hotel in particular will [2:03:54] not have an on-site bar or [2:03:54] restaurant. [2:03:56] I see tremendous opportunity for [2:03:58] local growth that this project [2:04:04] will replace the 25,000 square [2:04:05] foot office building. It fills [2:04:07] the need for quality mid-scale [2:04:09] hotel that costs less than the [2:04:10] local luxury options. [2:04:12] This hotel will be affordable [2:04:13] and community based. [2:04:15] The architecture of this project [2:04:17] will match the existing theme of [2:04:18] sawmill and in turn make it a [2:04:20] great companion hotel to the [2:04:21] area. [2:04:23] It will create jobs and revenue [2:04:26] by generating construction jobs [2:04:28] permanent hospitality work and [2:04:30] opportunity for local workforce. [2:04:31] As someone who lived in [2:04:33] albuquerque their entire life, I [2:04:35] understand the want and the need [2:04:36] for this project. [2:04:41] It's local, affordable, [2:04:42] job-generating and encourages [2:04:45] positive traffic to the sawmill [2:04:48] and old town area. [2:04:50] Thank you very much. [2:04:53] >> jazz [2:04:55] sper followed by shane. [2:04:55] >> good evening. [2:04:58] I'm the owner of noisy water [2:05:02] winery and plaza don luis. [2:05:04] I support the sawmill project. [2:05:09] I see how tourism vanth [2:05:09] strengthens [2:05:12] local businesses. [2:05:14] For museums, wineries, shops and [2:05:15] attractions in the area. [2:05:18] I like this hotel is designed to [2:05:19] compliment the neighborhood. [2:05:21] Without the restaurant and bar [2:05:23] guests will explore old town and [2:05:25] sawmill supporting the [2:05:27] businesses that already invested [2:05:31] in the community, it generates [2:05:32] jobs and help albuquerque [2:05:33] continue to grow as a [2:05:33] destination. [2:05:35] I believe this is a thoughtful [2:05:36] redevelopment that will benefit [2:05:37] the surrounding neighborhood and [2:05:38] local economy. [2:05:41] I respectfully ask for your [2:05:42] support. [2:05:42] Thank you. [2:05:58] >> shane followed by douglas. [2:06:03] >> I'm the owner of rent macy [2:06:04] electric out of gallup, new [2:06:04] mexico. [2:06:07] We've had contract work in [2:06:08] albuquerque, which has required [2:06:12] us to house our employees. [2:06:14] And we usually have a hotel [2:06:17] about seven to ten rooms per [2:06:18] week. [2:06:21] Over the last several years. [2:06:24] I believe this hotel it will be [2:06:26] a tremendous benefit to have a [2:06:28] dual ground hotel built in the [2:06:29] sawmill district. [2:06:30] Not only for employees like mine [2:06:31] to stay but also for the [2:06:34] business travellers, leisure [2:06:36] travellers, they'll be able to [2:06:37] enjoy historic downtown and [2:06:39] newer restaurants and breweries [2:06:40] and entertainment. [2:06:42] All of this is within walking [2:06:46] distance of where this hotel is [2:06:47] going to be. [2:06:50] It would be great for the owners [2:06:53] of the businesses in that area [2:06:54] also. [2:06:56] I also have the opportunity to [2:06:58] work with sun capital hotels and [2:07:00] like the employees have said, he [2:07:02] also treats the people that he [2:07:03] works with the same way. [2:07:07] Please support this irb. [2:07:14] Thank you. [2:07:28] >> douglas, followed by ray. [2:07:30] >> good evening, everyone. [2:07:33] My name is dugerous [2:07:34] ouglas. [2:07:37] I live in phoenix, arizona. [2:07:42] I do almost all of my work in [2:07:42] albuquerque. [2:07:47] I'm also a diamond member at [2:07:48] hilton. [2:07:52] And I stay at hilton products. [2:07:53] This would be great for me and [2:07:54] my business. [2:07:56] I do most of my meetings, as I [2:07:58] do not have a full-time office, [2:08:01] at local establishments, [2:08:02] restaurants, starbucks. [2:08:04] Any coffee shop. [2:08:06] This will be a great avenue to [2:08:07] stay and walk. [2:08:09] I'm usually there for about five [2:08:10] days per week. [2:08:13] Two or three times a month. [2:08:18] Thank you for your time. [2:08:22] >> ray followed by diana. [2:08:24] >> good afternoon, or good [2:08:24] evening. [2:08:26] Thank you for this opportunity. [2:08:28] I've been a citizen of [2:08:30] albuquerque for 30 years. [2:08:32] I want to give you a background [2:08:34] to give you context on my [2:08:34] comments. [2:08:36] I served as risk manager and [2:08:38] insurance broker for over 48 [2:08:38] years. [2:08:40] I walked thousands of properties [2:08:43] and looked at many projects with [2:08:46] an eye toward risk management, [2:08:49] staft safety, commitment of the [2:08:49] developer. [2:08:51] I've also been working with sun [2:08:53] capital and the leadership team [2:08:54] for the last 15 years. [2:08:56] I've been privileged to watch [2:08:58] this leadership team work so [2:08:58] hard. [2:09:01] I worked and walked all of the [2:09:02] properties owned by sun capital [2:09:05] in the state of new mexico and [2:09:06] tell you without exception they [2:09:08] meet and exceed the standards [2:09:10] for life safety, public safety, [2:09:12] and fire prevention. [2:09:13] They work hard. [2:09:14] I've watched them and witnessed [2:09:16] them invest millions of dollars [2:09:18] into their property to ensure [2:09:20] that the property continues not [2:09:22] only to be safe, but to be [2:09:25] aesthetically correct for the [2:09:25] areas. [2:09:28] Proof of that concept is what [2:09:30] they've done in the I-25 [2:09:32] corridor as well as uptown. [2:09:36] I am in support of this project. [2:09:37] I am confident that sun capital [2:09:39] will deliver on their promise to [2:09:42] give you a quality product [2:09:43] that's safe for the public and [2:09:44] benefits the economy. [2:09:51] thank you for your time today. [2:09:58] >> diana followed by johnny. [2:10:00] Diana, you'll have to accept [2:10:17] promotion to panelist. [2:10:18] >> can you hear me? [2:10:20] >> we can hear you. [2:10:21] Thank you. [2:10:24] >> hello, I am joining you from [2:10:25] las cruces. [2:10:27] I am an employee of sun capital [2:10:31] hotels as general manager at the [2:10:33] holiday inn express north. [2:10:34] I have witnessed the growth of [2:10:36] the company and excited with all [2:10:38] the projects that are in the [2:10:38] pipeline. [2:10:41] In my journey with sun capital [2:10:42] hotels they have given me the [2:10:44] opportunity to focus on my [2:10:44] leadership growth. [2:10:47] I have been a mentor for the [2:10:48] company's future leaders in a [2:10:50] program that they developed to [2:10:53] invest and promote within. [2:10:55] In addition, I've also been [2:10:56] approached by the city of las [2:10:58] cruces to be part of the [2:11:00] lodger's tax committee. [2:11:01] I am the chair of the leadership [2:11:03] program with the greater chamber [2:11:06] to develop skills and educate [2:11:08] participants on all the local [2:11:10] dynamics in las cruces. [2:11:14] With the support of sun capital [2:11:16] hotels, there are numerous [2:11:18] volunteer hours company-wide in [2:11:22] our local community. [2:11:25] At food banks and support local [2:11:25] events. [2:11:28] With every new hotel [2:11:29] development, our company just [2:11:34] doesn't grow, it impacts local [2:11:34] economies. [2:11:36] Thank you. [2:11:47] >> johnny followed by steve. [2:11:51] >> MADAM PRESIDENT, councilors, [2:11:54] I'm an old town business owner [2:11:57] and property owner. [2:11:59] Of old town shopping plaza. [2:12:00] Old town needs more visitors [2:12:03] that are spending more money. [2:12:05] We do not need an existing [2:12:09] office space that MAY be vacant. [2:12:10] Most of the time. [2:12:14] I believe approving this irb is [2:12:16] an investment in our community [2:12:20] and the future that will pay [2:12:21] dividends in the community and [2:12:25] benefit old town businesses and [2:12:27] residents for many years in the [2:12:27] future. [2:12:29] If you don't invest in old town [2:12:33] and our community, we'll not [2:12:33] grow. [2:12:35] You talked earlier about [2:12:37] increasing gross receipts to [2:12:39] support our city budget, [2:12:42] approving this irb generates [2:12:45] more revenue for old town and [2:12:47] more gross receipts. [2:12:49] It generates more jobs for our [2:12:49] city. [2:12:54] I hope you'll vote yes on this [2:12:54] irb. [2:12:57] Thank you. [2:12:59] >> steve chavez, followed by [2:13:02] adam [2:13:03] adam. [2:13:04] >> good evening, MADAM [2:13:07] PRESIDENT, members of the city [2:13:08] council. [2:13:10] I'm with s3 development. [2:13:11] I apologize for thought being [2:13:12] there in person this evening. [2:13:14] I'm out traveling today. [2:13:18] I am in support of the irb's for [2:13:20] the hotel proposed in the [2:13:21] sawmill district. [2:13:23] I feel in today's world of [2:13:26] trying to find an afford able [2:13:28] able -- [2:13:29] it's important to work together [2:13:32] to support this type of [2:13:33] development. [2:13:35] Depesh and his team do quality [2:13:35] work. [2:13:36] I'll vouch for his group as [2:13:38] professional operators and [2:13:39] developers. [2:13:41] How can we give irb's to one [2:13:42] large developer in the area and [2:13:44] not to a developer who will [2:13:46] provide the affordability we [2:13:46] need? [2:13:48] Sometimes competition is good. [2:13:51] And I support him and what he's [2:13:51] doing in that district. [2:13:56] Thank you. [2:14:03] >> adam. [2:14:07] >> yes, hi. [2:14:10] MADAM PRESIDENT, council [2:14:11] members. [2:14:14] I'm also a downtowner. [2:14:16] Echoing a lot of comments we [2:14:19] heard tonight, I'm sorry I had [2:14:20] to leave tonight, I have [2:14:22] something early in the morning. [2:14:27] Diversity of lodging, increasing [2:14:27] gross receipts tax. [2:14:30] All those things happen when we [2:14:31] have new development. [2:14:33] Especially with lodging [2:14:34] development because those are [2:14:35] people from out of town that [2:14:37] come and want to spend their [2:14:39] money in our community. [2:14:41] I think we all have a reason to [2:14:44] vote for this financial [2:14:46] instrument because of those [2:14:46] things. [2:14:47] I like to urge you that this is [2:14:49] something that will be good for [2:14:50] our community. [2:14:51] This will be good for the rail [2:14:53] trail that we allotted money [2:14:53] for. [2:14:58] I would really like to see some [2:14:59] mountain finished this hotel and [2:15:02] get rid of an office building [2:15:03] that is out of date and [2:15:05] shouldn't have place in the [2:15:05] sawmill. [2:15:06] Thank you and I appreciate all [2:15:07] of your service to the [2:15:09] community. [2:15:10] >> thank you, MADAM Chair. [2:15:16] That takes care of zoom. [2:15:19] Pauline, would you like to [2:15:19] speak? [2:15:33] >>coun. Pe}a: pauline chavez. [2:15:39] here she comes. [2:15:40] >> good evening, MADAM [2:15:43] PRESIDENT, councilors. [2:15:46] I spoke at the last council [2:15:46] meeting. [2:15:49] I am a member of the community [2:15:50] land trust. [2:15:53] I was born and raised in the [2:15:54] neighborhood. [2:15:59] At the last meeting, after the [2:16:00] hearing the testimony, you asked [2:16:02] the developers to reach out to [2:16:03] the community. [2:16:05] I have not heard from the [2:16:08] community, neekt [2:16:09] ither have my [2:16:10] neighbors. [2:16:11] It's my understanding that they [2:16:13] contacted our executive director [2:16:16] orlando and that meeting was [2:16:19] with him and one other person. [2:16:22] I don't know who their [2:16:24] communication person is, but [2:16:26] they did not do an outreach to [2:16:27] our neighborhood. [2:16:30] It's my understanding that [2:16:32] councilor baca had a couple [2:16:34] amendments that require [2:16:37] conditions for approval of the [2:16:38] irb. [2:16:41] They're very important concerns. [2:16:43] They deal with traffic and [2:16:44] height. [2:16:46] While we still feel this project [2:16:50] does not deserve taxpayer's [2:16:52] subsidies, we know there are [2:16:55] some councilors who believe it [2:16:56] does. [2:16:59] I hope that -- [2:17:02] >>coun. Pe}a: thank you. [2:17:03] >> MADAM PRESIDENT, that [2:17:05] concludes list of sign-ups for [2:17:08] this matter. [2:17:10] >>coun. Pe}a: councilor baca, [2:17:10] o-38. [2:17:12] >>coun. Baca: thank you, MADAM [2:17:13] PRESIDENT. [2:17:14] There's obviously clear support [2:17:17] for this project within the [2:17:19] community, simultaneously, [2:17:23] there's not support for this [2:17:23] project. [2:17:26] I think if this the journal [2:17:28] area, we did approval and didn't [2:17:30] talk about that. [2:17:32] Downtown and old town and [2:17:32] sawmill are different. [2:17:34] They do require a little bit [2:17:36] more, a little bit more time for [2:17:37] everybody to sit down and go [2:17:39] through it. [2:17:42] I think we heard that the design [2:17:43] team met with the land trust but [2:17:45] not the developer. [2:17:47] I think the land trust really [2:17:48] wanted to meet with the [2:17:49] developer directly. [2:17:50] I think that's important. [2:17:51] Also, there was mention of a [2:17:54] couple amendments I was going to [2:17:54] introduce. [2:17:58] I'm not going to introduce those [2:17:59] because our counsel advised me [2:18:00] against that. [2:18:02] That changes things a little [2:18:02] bit. [2:18:03] I think that's important. [2:18:06] I did meet with both groups to [2:18:07] see where they where and what [2:18:08] happened. [2:18:11] There's still a lot of confusion [2:18:11] there. [2:18:14] With that, I would like to move [2:18:18] deferral for times like the [2:18:21] groups and developers to meet. [2:18:23] I don't know if our counsel will [2:18:26] allow me to do that? [2:18:28] I'd like to move deferral to the [2:18:29] 17th. [2:18:33] Am I able to sit with them? [2:18:36] >> counsel PRESIDENT, councilor [2:18:37] baca, yes. [2:18:38] >>coun. Baca: okay. [2:18:40] I think we can hopefully hash [2:18:40] out something there. [2:18:43] At least there won't be any [2:18:45] discussion of he said, she said, [2:18:48] or we haven't heard. [2:18:50] I know everybody does a good [2:18:52] faith effort to try and reach [2:18:52] out. [2:18:54] That doesn't mean everybody [2:18:54] hears. [2:18:55] We can always do better with [2:18:56] that. [2:18:57] >>coun. Pe}a: there's a motion, [2:19:00] and a second by vice PRESIDENT [2:19:03] Champine for a deferral to [2:19:04] AUGUST 17th. [2:19:09] [Roll call]. [2:19:12] >>coun. Baca: yes. [2:19:14] >>coun. Bassan: no. [2:19:16] >>coun. Champine: yes. [2:19:19] >>coun. Fiebelkorn: yes. [2:19:22] >>coun. Grout: no. [2:19:25] >>coun. Lewis: yes. [2:19:27] >>coun. Rogers: yes. [2:19:29] >>coun. Telles: yes. [2:19:29] >>coun. Pe}a: yes. [2:19:32] >> passes on a 7-2 vote. [2:19:33] >>coun. Pe}a: thank you. [2:19:35] We're now on to item 11, which [2:19:35] is appeals. [2:19:37] There are none. [2:19:39] Item 12, general public comment. [2:19:40] Members of the public can [2:19:43] provide live public comment to [2:19:44] the council in person or [2:19:45] virtually if they signed up for [2:19:46] public comment per the [2:19:48] instructions published on the [2:19:49] agenda and our website friday. [2:19:51] Here are the public comment [2:19:57] ground rules, if you can exit [2:19:57] quietly. [2:20:00] Thank you so much. [2:20:03] Excuse me. [2:20:05] Each participant has one minute [2:20:06] to present. [2:20:08] Comments are also to be [2:20:09] addressed to the councilors only [2:20:11] through the council PRESIDENT. [2:20:13] Any disruptive conduct will [2:20:14] result in removal from the [2:20:14] meeting. [2:20:17] There's a one-minute time limit [2:20:18] and the bill will ring to [2:20:19] indicate your time is up. [2:20:21] MR. Cornelius, please call the [2:20:22] name of the first speaker. [2:20:24] >> thank you, MADAM PRESIDENT. [2:20:26] Our first speaker is jackson [2:20:33] followed by matthew. [2:20:34] >> MADAM PRESIDENT, MR. Vice [2:20:35] PRESIDENT Champine, members of [2:20:39] the council, I am a senior at [2:20:40] eldorado high school. [2:20:47] I'm here to share how -- tobacco [2:20:48] products are still used at [2:20:49] school companies every day. [2:20:51] Especially in restrooms. [2:20:52] More specifically they're used [2:20:54] in the handicap stalls. [2:20:55] At times I had to leave my [2:20:57] campus and push my wheelchair [2:21:05] over a mile to use the restroom. [2:21:06] If you wish [2:21:09] one reason that many students [2:21:11] are vaping is because of [2:21:11] flavors. [2:21:13] Accord to the 2025 national [2:21:15] youth tobacco survey, 1 hoit 45 [2:21:17] mill wherein youth in the united [2:21:19] states currently vape. [2:21:21] And 91% use flavored product. [2:21:24] We need to continue to prevent [2:21:25] nicotine addiction. [2:21:27] I hope you support efforts that [2:21:28] keep youth safe and create [2:21:29] healthier communities for [2:21:30] everyone. [2:21:32] I'm happy to talk to anyone [2:21:34] about this at the end of the [2:21:34] meeting. [2:21:36] Thank you for your time and [2:21:36] consideration. [2:21:43] >> matthew followed by lex. [2:21:46] >> good evening, MADAM [2:21:47] PRESIDENT, MR. Vice PRESIDENT [2:21:49] Champine, members of the [2:21:50] council. [2:21:53] I am a sophomore at eldorado. [2:21:56] I've been with the involvement [2:21:57] program. [2:21:59] I have seen how vaping affects [2:22:00] students and communities. [2:22:03] One way we can help prevent [2:22:08] youth nicotine addiction is [2:22:09] restrictioning flavored vapes. [2:22:12] While current laws mean the [2:22:14] policies must be passed at the [2:22:15] state or federal level, support [2:22:17] from local leaders like you can [2:22:19] build momentum for municipal [2:22:19] change. [2:22:21] We hope you will consider [2:22:23] supporting everts to protect new [2:22:24] mexico's youth from nicotine [2:22:25] addiction. [2:22:25] Thank you for your time and [2:22:28] consideration. [2:22:32] >> lex followed by brick. [2:22:51] >> overhead, please. [2:23:02] ? [2:23:05] >> MR. Greigo contacted police [2:23:07] and advised he was pepper [2:23:10] sprayed by the female and had [2:23:16] his phone stolen. [2:23:19] >> I'm talking to them. [2:23:20] Did I say anything to them? [2:23:22] >> I'm not recording them. [2:23:23] I was recording that kid. [2:23:25] I am recording you by the say, [2:23:36] sir. [2:23:39] [Distorted audio]. [2:23:41] >> some guy hit his phone out of [2:23:42] his hand. [2:23:46] I went to pick it up and the -- [2:23:47] tackled me. [2:23:57] He didn't do nothing. [2:23:58] He's your favorite content [2:24:03] creator or whatever. [2:24:06] He said -- you ought to go see [2:24:06] it. [2:24:08] Also, we don't have his phone. [2:24:10] And picked it up after they [2:24:12] tackled me. [2:24:17] Nobody has your fuckin phone, [2:24:25] punk ass bitch. [2:24:34] >> brick followed by francesco. [2:24:36] >> just to be clear, I want to [2:24:37] make sure the narrative is [2:24:37] clear. [2:24:39] Because the narrative that was [2:24:41] attempted to be painted by the [2:24:42] video the police released in my [2:24:46] opinion is not the actual thing [2:24:47] that happened. [2:24:50] But when it comes to a person's [2:24:51] life, I believe this young man [2:24:53] personally was defending [2:24:53] himself. [2:24:55] He was attacked multiple times [2:24:57] while he was downtown. [2:25:03] He was a tiktoker. [2:25:08] I want to make sure to include [2:25:13] in this you can see his types of [2:25:17] interactions after harris shot [2:25:19] him. [2:25:26] This is the real -- [2:25:39] [Inaudible]. [2:25:43] [Beeping and inaudible audio]. [2:25:44] >>coun. Pe}a: thank you. [2:25:46] Your time is up. [2:25:48] >> just to be clear, he defended [2:25:50] himself. [2:26:09] >> francesco followed by tad. [2:26:11] >> I propose an additional [2:26:13] options for some of our unhoused [2:26:15] neighbors who have lost their [2:26:16] way. [2:26:17] Picture public laneeraries and [2:26:19] transit system being used as [2:26:21] homeless shelters but without [2:26:25] all the bells and whys [2:26:25] istles. [2:26:31] Convert an empty storefront in [2:26:33] each quadrant. [2:26:35] And new public restroom for [2:26:37] people that need them the most. [2:26:39] Maybe if acs likes the idea, [2:26:41] make each one into a substation. [2:26:43] The city has arrested more [2:26:44] homeless in the last year than [2:26:47] the last eight years combined, [2:26:50] which is the most inhumane and [2:26:51] expensive option. [2:26:53] Making unhoused approximately [2:26:56] half of our current prison [2:26:57] population. [2:27:00] Compass is short of compassion. [2:27:02] Thank you. [2:27:07] >> tad followed by joseph. [2:27:22] >> could you give me overhead? [2:27:22] Thank you. [2:27:30] Excuse me. [2:27:32] I believe I won't have time to [2:27:36] get through this issue tonight. [2:27:53] So, anyway, apd cops isn't [2:27:54] writing tickets. [2:27:57] i'm speaking about public [2:27:58] safety. [2:28:00] Now, what they doing? [2:28:08] They operating from the inside [2:28:13] through the cameras. [2:28:15] Private contractors and what [2:28:21] kind of job they do? [2:28:24] They finally went after me. [2:28:26] And we will go through the [2:28:27] court. [2:28:31] I'll get these bastards because [2:28:33] that's the way this was written, [2:28:38] this citation to me, that also [2:28:40] against constitutional and also [2:28:43] against apd policy. [2:28:46] Thank you. [2:29:04] >> joseph followed by denise. [2:29:12] Denise followed by justin. [2:29:19] Justin followed by janet. [2:29:21] >> I'll be using the overhead. [2:29:23] Also, I have handouts for each [2:29:27] councilor. [2:29:30] Including one for councilor [2:29:38] lewis. [2:29:39] Good evening. [2:29:40] Thank you, MADAM PRESIDENT, [2:29:41] members of the council. [2:29:43] I'm here with report cards. [2:29:45] This a group project. [2:29:48] We tracked over 150 votes from [2:29:49] JANUARY through JUNE. [2:29:53] And picked 32 key voting items. [2:29:55] We asked people to read them and [2:29:59] say which are the most [2:29:59] important. [2:30:01] Then weighing them by [2:30:02] importance, we looked at all the [2:30:04] council votes to give you a [2:30:05] score. [2:30:07] No ai was used in this process. [2:30:08] This is just the voice of the [2:30:10] people and what we want to see [2:30:12] you all do. [2:30:14] There's six main categories of [2:30:17] priorities on the front side of [2:30:17] this. [2:30:19] From immigrant rights which is [2:30:22] 8.2 down to taxes which is 2.2 [2:30:24] and if you're curious where [2:30:25] these came from. [2:30:26] these are some of the 32 votes [2:30:27] we considered. [2:30:28] Not all. [2:30:34] The other side, flip the page, [2:30:37] is other grades. [2:30:37] This is for you to know that [2:30:39] people are watching and I just [2:30:42] want to say that, yeah, take [2:30:44] this into consideration. [2:30:45] And two councilors are getting [2:30:49] extra credit for putting in the [2:30:50] budgeting process. [2:30:53] The rest of you can get credit [2:30:59] for that. [2:31:18] >> janet followed by lisa. [2:31:24] Lisa followed by thomas. [2:31:26] >> welcome back, city [2:31:27] councilors. [2:31:28] And to the public, I'm lisa. [2:31:30] I live in albuquerque, district [2:31:31] three. [2:31:32] Founder of -- we've already been [2:31:32] through that. [2:31:35] We have a partnership with over [2:31:36] 52 state groups and [2:31:37] organizations. [2:31:40] I'm here making public comment [2:31:42] as an individual with the [2:31:45] understanding I share similar [2:31:48] concerns with many in the [2:31:48] community. [2:31:49] I love that some of you care [2:31:51] about us, that doesn't mean we [2:31:52] always have to agree. [2:31:56] But I have to tell you I was so [2:31:57] invigorated and excited that we [2:31:59] have people advocating for us [2:32:01] with passion because it really [2:32:03] has felt like we have not had a [2:32:04] voice. [2:32:06] People who had money or [2:32:07] positions -- I'm just being [2:32:08] honest. [2:32:09] It felt like you guys don't care [2:32:11] and only a few of you care. [2:32:13] For a month, we have gone back [2:32:14] to community. [2:32:16] That's why you're seeing, we're [2:32:17] going to come to you all with [2:32:19] what we would like albuquerque [2:32:20] to look like. [2:32:21] We're asking you all to please [2:32:23] partner with us so we can have [2:32:24] an albuquerque that all of us [2:32:26] love and are proud of. [2:32:27] Right now, we don't feel like [2:32:33] you care. [2:32:39] >> thomas followed by grace. [2:32:42] >> so, last time I came and [2:32:43] spoke at city council, police [2:32:45] force was used to remove me from [2:32:47] the podium because I broke a [2:32:50] rule that I believe to be [2:32:51] constitutionally wrong, which is [2:32:54] that I cannot ask direct [2:32:56] questions of city councilors. [2:32:57] After police force was used [2:33:00] against me, I went to my [2:33:00] representative, councilor [2:33:01] rogers, and I asked would you [2:33:03] still be willing to hear [2:33:04] questions from me as you have in [2:33:06] the past here in city council. [2:33:08] Rogers said yes. [2:33:10] Here I am to do what I did last [2:33:12] time, which got me forcibly [2:33:13] removed. [2:33:14] Can I ask you a question, [2:33:19] councilor rogers? [2:33:20] >>coun. Pe}a: pass your comments [2:33:22] through the chair. [2:33:23] If councilor rogers would like [2:33:27] to have a direct question to [2:33:28] her, she can make a motion to [2:33:30] override the rules. [2:33:31] >> I'd like to ask the question [2:33:33] to councilor rogers who is here [2:33:34] in the room with us. [2:33:36] Yeah, I'd like to ask her [2:33:36] directly. [2:33:37] >>coun. Pe}a: you have to ask [2:33:39] your questions through the [2:33:39] chair. [2:33:41] >> I would like to ask my [2:33:42] question to my representative [2:33:44] who is expressed -- are you [2:33:45] willing to hear, councilor [2:33:46] rogers? [2:33:47] >>coun. Pe}a: thank you. [2:33:48] Your time is up. [2:33:50] >>coun. Rogers: MADAM PRESIDENT, [2:33:52] as long as he follows the rule [2:33:54] and asks the question of the [2:33:56] chair, I am willing to hear it. [2:33:59] We talked about that in our [2:33:59] meeting. [2:34:01] I still have to follow the rule [2:34:02] of the council and ask the [2:34:05] questions through the chair. [2:34:06] >>coun. Pe}a: if you make a [2:34:08] motion, procedurarily, that's [2:34:09] correct. [2:34:11] Is that correct? [2:34:14] >> MADAM Chair, if he speaks [2:34:15] through you and the councilor [2:34:17] wishes to answer the question, [2:34:17] that would be fine. [2:34:19] People have done that in the [2:34:20] past. [2:34:21] But they have to speak through [2:34:22] the chair. [2:34:24] >> I think it should be clear my [2:34:25] question is not for the chair. [2:34:27] My question is for my [2:34:30] representative whom I voted for. [2:34:30] >>coun. Pe}a: we understand what [2:34:31] you're trying to do. [2:34:33] There are procedural things we [2:34:34] have as a council. [2:34:36] I'm telling you if she wishes to [2:34:38] answer your question, she could. [2:34:40] The rule is she would have to [2:34:42] make a motion, but I guess we [2:34:45] have set precedence we have not [2:34:46] done that. [2:34:49] If she says you can ask her [2:34:51] direction questions and she [2:34:54] indicated you can, you can. [2:34:58] >> if I can ask a quick question [2:35:01] to you, councilor rogers? [2:35:02] >>coun. Bassan: MADAM PRESIDENT, [2:35:03] I believe that the speaker's [2:35:05] time is up. [2:35:06] >> okay. [2:35:08] Most of my time was spent [2:35:10] listening to them debate. [2:35:11] My comment was not her speaking [2:35:12] to me. [2:35:13] My comment is a question. [2:35:15] MAY I ask you a question, [2:35:15] rogers? [2:35:17] >>coun. Pe}a: your time is up. [2:35:18] I'm sorry. [2:35:20] >> councilor rogers, would you [2:35:22] mind making a motion to suspend [2:35:24] the rules to make a motion. [2:35:25] >>coun. Rogers: thank you, I'd [2:35:26] like you to ask the question [2:35:28] through the chair and I'm happy [2:35:29] to answer it for the council [2:35:30] rules. [2:35:32] As a member of this body, I [2:35:34] honor our rules which we talked [2:35:35] about when we met. [2:35:37] You can absolutely ask he any [2:35:38] questions but it must be through [2:35:40] the chair. [2:35:42] And I ask to be recognized. [2:35:42] That's the process. [2:35:44] And the chair can choose to [2:35:45] recognize me or not. [2:35:48] If I wish to push the issue, I [2:35:49] have to challenge the rule of [2:35:50] the chair and we would have to [2:35:51] take a vote. [2:35:54] To avoid all of that, all you [2:35:58] have to say is MADAM, chair ask [2:35:58] the question. [2:36:01] I ask her to answer, and I'm [2:36:02] sure she'll oblige. [2:36:05] And we'll move on. [2:36:06] >>coun. Pe}a: it's not [2:36:06] discussion. [2:36:07] It's public comment. [2:36:10] She does not have to answer your [2:36:11] question. [2:36:11] >> understood. [2:36:14] >>coun. Pe}a: and your time is [2:36:14] up. [2:36:17] I don't know, councilor rogers, [2:36:18] do you want to allow for more [2:36:18] time? [2:36:19] >>coun. Rogers: thank you, MADAM [2:36:20] PRESIDENT. [2:36:22] As long as we follow the rules [2:36:22] through the chair. [2:36:25] I'm happy to answer any [2:36:28] questions [2:36:29] questions directed. [2:36:30] >> on that note, madam [2:36:32] president, would you please ask [2:36:33] my representative, councilor [2:36:36] rogers, why it is that I have to [2:36:38] avoid my constitutional right to [2:36:40] ask questions of my [2:36:40] representatives here in this [2:36:42] city council chambers? [2:36:44] And I have to direct my [2:36:45] questions through you, why is it [2:36:47] when I fail to do so police [2:36:49] force is used to remove me from [2:36:51] the building and it is [2:36:53] dangerously used to prohibit my [2:36:54] free speech and my ability as [2:36:56] the journalist to ask questions [2:36:57] when you might not be able to [2:36:59] get away from them. [2:37:00] I understand you don't have a [2:37:02] blaikz to answer them, but it [2:37:04] would be nice to know why I was [2:37:06] removed forceally with police [2:37:08] force last time I was here and [2:37:10] why dan lewis is protected from [2:37:13] questions he doesn't want to [2:37:13] answer. [2:37:18] >> MADAM PRESIDENT, I would [2:37:19] advise he do not answer [2:37:21] questions that could be a matter [2:37:23] of litigation. [2:37:24] >>coun. Pe}a: councilor rogers. [2:37:25] >>coun. Rogers: thank you, MADAM [2:37:26] Chair. [2:37:32] Because this is wrapped up in [2:37:34] active legal matters. [2:37:36] I would have to defer to my [2:37:39] legal counsel's advice. [2:37:40] >> disappointing. [2:37:41] Thank you. [2:37:42] >>coun. Pe}a: thank you. [2:37:45] >> grace, followed by jonah. [2:37:47] >> MADAM PRESIDENT, welcome back [2:37:50] from your taxpayer funded [2:37:50] seven-week vacation. [2:37:52] I hope you enjoy it because we [2:37:53] did not. [2:37:54] We suffered in the heat and [2:37:55] suffered in the jail for the [2:37:58] crime of sitting down on the [2:37:58] sidewalk. [2:38:01] Our every move was tracked by [2:38:03] flock cameras that are being [2:38:08] used by ice to snatch the [2:38:10] constituents from the streets. [2:38:12] Yet silence from this dais. [2:38:14] You have an opportunity, MADAM [2:38:15] PRESIDENT, now that we're back [2:38:17] from your break, you can correct [2:38:21] the course like you did earlier [2:38:22] tonight. [2:38:25] You can vote to stop the sweeps, [2:38:26] take down flock cameras to give [2:38:30] us a lifeline. [2:38:33] To stop treating us at the [2:38:35] working class people are second [2:38:36] class citizens. [2:38:39] We're tired of sitting down and [2:38:41] being employed while you and the [2:38:43] billionaires extract from us. [2:38:46] You can make an easy buck off [2:38:46] of. [2:38:49] When we stand up you sick the [2:38:52] police force on us. [2:38:53] You have to vote like it if you [2:38:55] want to help us. [2:38:58] >>coun. Pe}a: thank you. [2:39:08] >> jonah followed by erica. [2:39:10] >> MADAM PRESIDENT, city [2:39:12] councilors, I live in district [2:39:14] seven and attend unm. [2:39:15] My studies and conversations [2:39:16] with my community have taught me [2:39:18] about a couple concerning themes [2:39:19] in today's agenda. [2:39:22] O-38 is a potential tool for [2:39:24] restitution and systemic reform [2:39:28] over housing market to a large [2:39:29] corporation [2:39:30] corporation. [2:39:32] Community land trust with proper [2:39:34] developers are models for good. [2:39:37] O-35, minimum wage increases is [2:39:42] not matching up with inflation. [2:39:44] Lack of creative problem [2:39:44] solving. [2:39:45] We're all scared about [2:39:49] increasing rates, leze -- please [2:39:55] don't make it worse. [2:39:58] -- we know the historical [2:40:00] implications that normally [2:40:01] carries. [2:40:03] prop two seem to me theatrics. [2:40:05] I believe we are capable of more [2:40:07] progressive policies to help us [2:40:11] tackle this brutal affordability [2:40:11] crisis. [2:40:16] Stop the sweeps of the transient [2:40:16] neighbors. [2:40:17] Thanks to councilor fiebelkorn [2:40:18] and councilor rogers. [2:40:21] I see improvements every day. [2:40:27] >> erica followed by mervin. [2:40:29] >> good evening, MADAM [2:40:32] PRESIDENT, councilors. [2:40:34] I am owner operator of carver [2:40:38] family farm, new mexico's first [2:40:40] licensed vertically integrated [2:40:40] cannabis business. [2:40:42] It's located in district four [2:40:44] and I live in district seven. [2:40:45] I'm speaking to please ask you [2:40:51] to vote no on o-26-39. [2:40:52] It works against small [2:40:54] businesses and accessibility to [2:40:56] real estate options and against [2:40:58] medical patience having access [2:40:59] to cannabis medicines. [2:41:01] I understand we have many [2:41:03] dispensaries in albuquerque but [2:41:05] I don't see how disallowing new [2:41:07] cannabis businesses to open in [2:41:08] previously allowed areas is fair [2:41:10] when there are no other [2:41:12] businesses singled out in this [2:41:12] manner. [2:41:15] Without actually data to the [2:41:17] contrary, this is based on moral [2:41:18] prejudice. [2:41:20] There's no data that indicates [2:41:25] having a cannabis retail and [2:41:28] nicotine retail has a negative [2:41:29] outcome to the fostering [2:41:31] community to live, work, learn, [2:41:32] shop and play together. [2:41:33] Thank you. [2:41:43] >> mervin followed by antoina. [2:41:44] >> good evening, MADAM [2:41:49] PRESIDENT, councilors. [2:41:50] I want to talk about something [2:41:54] that I really feel is missing [2:41:57] from the course of any [2:41:57] discussions that I've ever heard [2:41:59] since I've been here in [2:42:02] albuquerque for the past six [2:42:03] years. [2:42:06] That is, the creation of the [2:42:08] memorandum of understanding with [2:42:13] the navajo nation regarding the [2:42:17] injuries, deaths, and the [2:42:20] killings of native americans, [2:42:21] particularly with my tribe the [2:42:22] navajo nation. [2:42:24] I would encourage this council [2:42:26] and even the mayor to begin to [2:42:30] look into dialogue with the [2:42:31] navajo nation. [2:42:35] There are concerns that I have. [2:42:39] 12 years ago, two navajos were [2:42:39] killed here. [2:42:42] There was an mou established [2:42:45] with the navajo nation. [2:42:47] On MAY 30th of last year, 2025, [2:42:51] I was ran down and pinned under [2:42:54] and injured quite severely. [2:42:56] Requiring surgery on my knee and [2:42:59] on my meta tarsal. [2:43:01] The employee with the solid [2:43:03] waste management was using a [2:43:04] city of albuquerque vehicle. [2:43:07] This has to end. [2:43:10] Mou with the navajo nation would [2:43:12] spell this out in detail. [2:43:14] I urge you to reach out to the [2:43:16] navajo nation. [2:43:33] >> antonia followed by marslen. [2:43:46] Marslen followed by bryant. [2:43:52] >> 98, 98, 97, that is the [2:43:53] predicted high temp for the next [2:43:56] week here in albuquerque. [2:43:58] A drastic increase in hate [2:44:00] advisory warnings, yet does the [2:44:03] city have designated cooling [2:44:03] stations? [2:44:03] No. [2:44:05] Do we have shade at every one of [2:44:07] the bus stops that many have to [2:44:09] endure waiting for a long time [2:44:11] for their bus? [2:44:12] No. [2:44:14] Where are people to go? [2:44:16] Where are people to go? [2:44:18] prison? [2:44:20] To the prison shelter in the [2:44:21] desert? [2:44:22] The shelter with single digit [2:44:27] case workers the shelter where [2:44:29] being difficult can land you a [2:44:29] permanent ban. [2:44:32] It seems as though the city is [2:44:34] giving folks three options. [2:44:36] Jail, jail wearing the mask of a [2:44:38] shelter, or death. [2:44:40] The temperature will continue to [2:44:41] rise and we'll continue to harm [2:44:43] and kill people in our city. [2:44:44] I suggest councilors and the [2:44:46] public alike get familiar with [2:44:49] the urban heat island effect. [2:44:51] And we do something about this. [2:44:53] We can do hard things. [2:44:55] We can take care of each other. [2:45:03] We can do these thicks [2:45:03] ngs. [2:45:04] It's something that's really [2:45:04] important. [2:45:05] We can't just put it to the [2:45:10] side. [2:45:12] >> bryant followed by mark on [2:45:13] zoom. [2:45:14] >> MADAM PRESIDENT, I was here a [2:45:17] year ago to the month last year. [2:45:21] You guys gave me a proclamation [2:45:24] making human kind day. [2:45:25] I'm here a year later. [2:45:27] I did my part. [2:45:30] I have a cultural celebration [2:45:32] weekend coming up AUGUST 14th. [2:45:34] I invited all of you guys and [2:45:36] some of the community to a black [2:45:37] tie gala. [2:45:38] We'll break bread. [2:45:40] You have the opportunity to see [2:45:42] what your constituents -- not as [2:45:44] politicians but as people so [2:45:45] they can get to know you. [2:45:46] Where they actually know you as [2:45:48] people with families. [2:45:51] Ia -- you can break bread [2:45:53] without there being reelection [2:45:54] cycle or anything like that. [2:45:56] You show up because you want to. [2:45:58] i emailed you guys. [2:46:00] I gave you guys also an [2:46:00] invitation. [2:46:02] If you need them. [2:46:04] Again, I'll send them to you. [2:46:06] One of the events is AUGUST 14th [2:46:08] is the human kind gala. [2:46:11] AUGUST 15th winrock park from [2:46:14] 1:00 P.M. To 6:00 P.M. We have [2:46:16] a cultural celebration. [2:46:19] AUGUST 16th I've got an art [2:46:20] battle. [2:46:21] We're doing the art battle. [2:46:23] 12 artists. [2:46:27] Three 20-minute rounds. [2:46:30] We auctioned off all the art. [2:46:32] One of the events is councilor [2:46:33] baca's area. [2:46:35] I'm going to have security [2:46:36] coming through the area. [2:46:40] >>coun. Pe}a: your time is up. [2:46:41] Sir, your time is up. [2:46:54] >> I hope to see you guys there. [2:46:56] >> mark followed by benjamin. [2:46:57] >> good evening, MADAM [2:47:00] PRESIDENT, members of the [2:47:02] council. [2:47:05] 71 years ago I became a resident [2:47:07] of albuquerque. [2:47:10] I've been with the senior [2:47:11] affairs advisory council. [2:47:12] I've learned about the work of [2:47:14] the department and dedicated [2:47:16] staff that care for our growing [2:47:17] senior population. [2:47:19] I'm also an active voice for the [2:47:20] council and department works [2:47:22] that demand programs and [2:47:24] services that keep our adults [2:47:26] healthy and independent and [2:47:26] connected. [2:47:29] This includes providing feedback [2:47:30] during the evaluation. [2:47:32] Including the recent breakfast [2:47:34] alignment at the senior and [2:47:34] multigeneration centers. [2:47:36] I can tell you the department is [2:47:39] very transparent and the [2:47:40] evaluation included public [2:47:41] meetings. [2:47:43] based on the feedback from [2:47:45] public and council member I [2:47:47] provided direct input to the [2:47:49] support and alignment program [2:47:50] sustainable. [2:47:52] Which included the recently [2:47:54] revised menu that was posted on [2:47:55] friday. [2:47:57] Further, I want to make sure the [2:47:59] department does an incredible [2:48:03] amount of work as lifeline for [2:48:05] seniors and those who need [2:48:07] access to family support and [2:48:08] transportation and other [2:48:08] services. [2:48:09] I'll skip to the bottom. [2:48:14] The department realignment that [2:48:16] optional for 20 years and done [2:48:17] for the betterment of resources [2:48:21] and keeps the program going. [2:48:23] A real need of growth should be [2:48:24] focused on other services many [2:48:25] do not see. [2:48:27] Thank you for your time and [2:48:29] hearing my perspective on the [2:48:32] support of the senior advisory [2:48:33] committee. [2:48:35] >> benjamin followed by joe. [2:48:37] >> good evening, MADAM [2:48:38] PRESIDENT, councilors. [2:48:40] Tonight I'd like to ask you to [2:48:42] please stop the mass [2:48:45] surveillance in our city through [2:48:47] drones and flock cameras. [2:48:49] It is my belief that this is [2:48:51] unwarranted surveillance. [2:48:53] Normally, police require a [2:48:55] warrant to spy on you, but not [2:48:56] with flock cameras. [2:48:57] Information is shared without [2:49:00] any such warrant. [2:49:01] Some of the reasons you should [2:49:04] not use flock, they have poor [2:49:08] security. [2:49:11] They share video with any law [2:49:11] enforcement organization [2:49:12] throughout the country [2:49:15] regardless of your privacy [2:49:15] settings. [2:49:18] They have over-confident ai that [2:49:19] flags incident people as [2:49:22] dangerous persons of interest. [2:49:23] They're extremely expensive. [2:49:24] It's another company that likes [2:49:27] to move fast and break things. [2:49:28] I don't know if we want to trust [2:49:31] that with our data. [2:49:33] They say they're all about [2:49:35] safety, but who are they keeping [2:49:36] us safe from? [2:49:39] It's a question about a tradeoff [2:49:40] between safety and freedom. [2:49:43] Please take down the flock [2:49:43] cameras. [2:49:48] >> joe. [2:49:50] >> good evening, MADAM [2:49:51] PRESIDENT, good evening, [2:49:51] councilors. [2:49:52] I had a chance over the summer [2:49:54] break to rewatch all of the [2:49:56] council meetings from this year. [2:49:58] Which admittedly at moments had [2:50:00] me questioning my life choices. [2:50:03] I wanted to offer a quick [2:50:04] observation and recommendation [2:50:05] on a few things. [2:50:09] The first item is in regards to [2:50:09] agendas. [2:50:11] Specifically just not packing [2:50:12] them. [2:50:14] That's something I think this [2:50:15] council leadership should [2:50:16] consider. [2:50:17] We have 1:00 A.M. Meetings. [2:50:20] I noticed a few people nodding [2:50:21] off. [2:50:22] It does make hard to do the [2:50:23] people's business. [2:50:28] And it gets a bit confusing at [2:50:29] 12 in the morning. [2:50:31] Keeping the agenda is lighter is [2:50:31] a good idea. [2:50:34] I moats [2:50:36] noticed unequal public [2:50:37] comment. [2:50:40] Some folks goover by 15 seconds [2:50:42] and some by a minute or two [2:50:42] minutes. [2:50:44] I think it can be solvable. [2:50:47] In terms of access, althea [2:50:49] mentioned it at the last [2:50:50] meeting, but things like food [2:50:52] and childcare access and not [2:50:54] going overtime is a good [2:50:55] practice to make the council [2:50:58] more accessible to regular [2:50:58] folks. [2:50:59] That's something this council [2:51:03] could easily do and make some [2:51:05] steps towards. [2:51:06] Thank you for your time. [2:51:07] >> thank you, MADAM PRESIDENT, [2:51:11] that concludes general public [2:51:13] comment. [2:51:16] >>coun. Pe}a: thank you, MR. [2:51:16] Cornelius. [2:51:20] Councilor telles is having point [2:51:21] of personal privilege. [2:51:22] >>coun. Telles: I just wanted to [2:51:24] make a quick clarification to [2:51:27] some folks regarding the flock [2:51:27] safety. [2:51:30] I have been looking into this [2:51:30] issue. [2:51:34] I want to let you all know that [2:51:40] we have not, at this point, [2:51:42] found any direct contact or [2:51:44] purchase orders with flock [2:51:44] safety. [2:51:46] My understanding that apd [2:51:51] currently utilizes vigilant [2:51:52] solutions for the automatic [2:51:55] license plate readers. [2:52:00] And we are definitely doing our [2:52:03] vigilance and due diligence to [2:52:06] understand how data is stored -- [2:52:09] what data restrictions are in [2:52:11] place and what that sort of [2:52:13] looks like. [2:52:16] Just so the public is aware of [2:52:18] what that kind of looks like, we [2:52:21] don't at this point that I know [2:52:25] of have any contracts with flock [2:52:25] safety. [2:52:30] Thank you, MADAM PRESIDENT. [2:52:31] >>coun. Pe}a: vice PRESIDENT [2:52:31] Champine. [2:52:33] >>coun. Champine: I believe cao [2:52:35] sengel would like to speak on [2:52:35] that. [2:52:37] >> MADAM PRESIDENT, councilor [2:52:39] champine, councilor telles, city [2:52:40] of albuquerque does not have any [2:52:43] flock cameras or flock [2:52:47] contracts. [2:52:49] >>coun. Pe}a: thank you, MADAM [2:52:49] Cao. [2:52:52] We're now on approvals. [2:52:54] Ec-195 authorization for social [2:52:55] service agreement with new [2:52:57] mexico veterans integration [2:53:03] centers utilizing opioid [2:53:04] settlement fund appropriations [2:53:07] as outlined in city council [2:53:09] resolution 125-28. [2:53:12] We have a few of those contracts [2:53:13] coming up. [2:53:17] I move approval. [2:53:20] There's a second by committee of [2:53:21] the whole chair grout. [2:53:22] She has a couple questions. [2:53:26] If we can have the staff come [2:53:35] up. [2:53:36] >>coun. Grout: thank you, MADAM [2:53:36] PRESIDENT. [2:53:40] Thank you for being here, [2:53:40] director. [2:53:42] I am pleased to see this [2:53:45] contract, but my question is, [2:53:47] can you tell us what the [2:53:48] veterans integration center -- I [2:53:54] know it's for services for $1.5 [2:53:56] million. [2:53:57] Endorphin power company is [2:54:01] getting 6.9-plus million. [2:54:02] What are we getting for that? [2:54:05] >> MADAM PRESIDENT, councilor [2:54:08] grout, for endorphin power [2:54:10] company -- it's construction. [2:54:11] They're going to be doing work [2:54:12] on their campus. [2:54:14] We'll be able to expand their [2:54:15] capacity to provide services on [2:54:19] their campus. [2:54:20] >>coun. Grout: okay. [2:54:22] Expand their campus. [2:54:24] Would you tell me where the [2:54:26] campus is? [2:54:30] >> it's on zuni near the cares [2:54:30] campus. [2:54:32] >>coun. Grout: that's what I [2:54:32] thought. [2:54:36] MADAM PRESIDENT, is it housing [2:54:38] or is it workshop? [2:54:39] What is it? [2:54:41] >> MADAM PRESIDENT, councilor [2:54:42] grout, endorphin power company [2:54:44] are renovating one of the [2:54:46] existing -- the original [2:54:47] buildings. [2:54:48] They're going to build [2:54:49] additional case management [2:54:50] spaces and provide additional [2:54:55] education and group spaces. [2:54:56] That's in a nutshell. [2:54:59] That seems like not much for $7 [2:55:00] million. [2:55:00] >>coun. Grout: when are they [2:55:01] going to start this? [2:55:03] >> MADAM PRESIDENT, councilor [2:55:05] grout, the contract negotiations [2:55:07] with endorphin power company and [2:55:10] serenity mesa are still ongoing. [2:55:12] These are more complicated [2:55:14] contracts due to intricacies [2:55:17] with the anti-donation. [2:55:19] But they both are ready to start [2:55:24] within the time frames laid out [2:55:25] in the strategic plan. [2:55:26] >>coun. Grout: thank you. [2:55:28] MADAM PRESIDENT, question for [2:55:31] serenity mesa, I love this [2:55:32] program. [2:55:33] So much. [2:55:34] I love everything that they do [2:55:35] there. [2:55:37] I support them 100%. [2:55:39] What are we getting for $1.5 [2:55:40] million? [2:55:41] >> MADAM PRESIDENT, councilor [2:55:44] grout, they're expanding [2:55:47] their -- not their actual site, [2:55:50] but they're renovating and up [2:55:55] grading the housing piece that's [2:55:56] off [2:55:57] offsite. [2:55:57] >>coun. Grout: it's like [2:55:59] transitional housing? [2:55:59] >> yes. [2:56:01] >>coun. Grout: very good. [2:56:03] and are they ready to go? [2:56:04] >> MADAM PRESIDENT, councilor [2:56:07] grout, the same answer as the [2:56:09] power company. [2:56:10] Yes, they're be ready. [2:56:11] >>coun. Grout: thank you. [2:56:12] >>coun. Pe}a: thank you. [2:56:15] Any additional questions? [2:56:15] Councilor rogers. [2:56:18] And we have one person signed up [2:56:20] to speak. [2:56:21] >>coun. Rogers: thank you. [2:56:23] This is part of the rfp for the [2:56:26] opioid settlement dollars, [2:56:26] correct? [2:56:27] >> MADAM PRESIDENT, councilor [2:56:29] grout, this is part of the grant [2:56:31] process as part of the opioid [2:56:31] dollars. [2:56:32] >>coun. Rogers: thank you so [2:56:33] much. [2:56:34] MADAM PRESIDENT, one of the [2:56:37] things is the chair of the lgcc [2:56:38] hadn't help [2:56:41] that helped put this together is [2:56:43] we wanted to prioritize those [2:56:44] who weren't already getting [2:56:45] funding. [2:56:48] I saw from the rfp we gave extra [2:56:50] points to folks who already had [2:56:51] city contracts. [2:56:53] Can you tell me why we went [2:56:56] against what we were intending? [2:56:59] Not that these programs aren't [2:56:59] worthy. [2:57:01] We really talk about the same [2:57:02] old people getting the funding [2:57:06] over and over and over and over [2:57:06] again. [2:57:10] And not opening it up to new [2:57:10] providers. [2:57:11] We talked about that a lot. [2:57:14] When I read that in the rfp, I [2:57:16] was a little taken aback. [2:57:18] Can you tell me about why we did [2:57:20] that? [2:57:20] >> MADAM PRESIDENT, councilor [2:57:22] rogers, that is a really good [2:57:23] question. [2:57:25] I'd like to do research and have [2:57:27] an answer question and give that [2:57:28] to you tomorrow. [2:57:30] I know our capacity building we [2:57:32] did prioritize agencies who have [2:57:34] had not historically had [2:57:35] contracts. [2:57:37] I need -- I want to make sure I [2:57:38] answer your question correctly. [2:57:39] >>coun. Rogers: thank you, MADAM [2:57:40] PRESIDENT. [2:57:41] I would appreciate that. [2:57:42] I think endorphin power company [2:57:45] is a newer provider with the [2:57:46] city. [2:57:48] They've been doing work with the [2:57:49] county. [2:57:52] I see that with endorphin power [2:57:52] companies. [2:57:53] I'm disappointed to see they're [2:57:55] not going to expand housing. [2:57:57] They do a really great job about [2:58:00] housing with substance abuse not [2:58:03] just building rooms. [2:58:07] I would hope they would be [2:58:10] expanding that. [2:58:12] I would love -- I read through [2:58:13] the contract and everything, but [2:58:15] I think that was my biggest [2:58:17] question is not expanding [2:58:20] housing to that big amount of [2:58:20] dollars. [2:58:22] Just would love some more [2:58:23] information about that for this [2:58:25] amount of funding. [2:58:27] That we're not expanding [2:58:28] housing. [2:58:29] Transitional housing with [2:58:31] substance abuse care. [2:58:32] Which they're great at. [2:58:35] I would like to see them do [2:58:36] more. [2:58:37] >>coun. Pe}a: vice PRESIDENT [2:58:37] Champine. [2:58:38] >>coun. Champine: a good segue [2:58:41] from that into my only really [2:58:41] question. [2:58:42] I just wanted to understand a [2:58:44] little better, how is the amount [2:58:45] awarded determined? [2:58:48] I say this because each one seem [2:58:51] to be -- the two seem to be low, [2:58:53] but there's lot -- yeah. [2:58:57] Double than what the other two [2:58:58] are, combined. [2:58:59] >> MADAM PRESIDENT, councilor [2:59:01] champine, they were awarded [2:59:02] based on some of the parameters [2:59:04] that we put in rfp. [2:59:06] One of the parameters we placed [2:59:09] in the rfp was project could not [2:59:12] exceed $7.5 million, which was [2:59:14] part of the lgc and city council [2:59:15] approved strategic plan. [2:59:17] Also we capped the services at [2:59:18] 15%. [2:59:22] We interrupted the 15% of the [2:59:24] operating to also improve [2:59:24] services. [2:59:27] That's why you see new mexico [2:59:30] vic at $1.5 million. [2:59:31] That's 15%. [2:59:33] And also based on what they [2:59:36] actually ask for. [2:59:39] We prioritize in accordance to [2:59:42] the score and based on what the [2:59:46] agencies asked for in the [2:59:47] proposals. [2:59:48] >>coun. Champine: thank you, [2:59:48] MADAM PRESIDENT. [2:59:49] >>coun. Pe}a: thank you. [2:59:51] Any other questions? [2:59:52] We'll go to our public [2:59:55] commenter. [2:59:56] >> thank you, MADAM PRESIDENT. [3:00:15] Lisa to speak. [3:00:16] >> hello. [3:00:22] I was unpapered because I was [3:00:23] distracted. [3:00:23] I'm sorry. [3:00:27] Thank you to everyone who has [3:00:32] been working on our very nuanced [3:00:33] layered onion project. [3:00:37] We have a proposal, if you're [3:00:38] interested in the next remainder [3:00:41] of the year, some of the very [3:00:43] difficult ideas. [3:00:44] Sidewalk ordinance and [3:00:47] moratorium on sweeps, the need [3:00:49] for tents. [3:00:51] We in our group have started [3:00:54] talking about the pros and cons. [3:00:57] It's not always clear-cut and [3:00:57] dry. [3:00:59] Because there's always good and [3:00:59] bad. [3:01:02] We seem to be getting into [3:01:03] division and these conflicts and [3:01:05] arguing and fighting as [3:01:07] community and friends and [3:01:07] families. [3:01:09] Maybe what if we -- I really [3:01:10] appreciate the deferment. [3:01:14] What if we had more time? [3:01:15] Because from the time it's on [3:01:17] the committee stuff and by the [3:01:19] time it gets on the agenda, how [3:01:21] have we as the community had [3:01:22] opportunity to talk about some [3:01:24] of these things so we're here [3:01:26] fighting over it or sitting next [3:01:28] to people we really might be in [3:01:29] agreement if we had more [3:01:30] information. [3:01:32] How could we develop something [3:01:34] in between before it gets to [3:01:37] here and let some of us help [3:01:39] communicate? [3:01:42] >>coun. Pe}a: thank you. [3:01:43] Final speaker? [3:01:46] >> yes, MADAM PRESIDENT. [3:01:47] >>coun. Pe}a: seeing no other [3:01:48] discussion. [3:01:51] I would urge your support for [3:01:52] r-25-128. [3:01:58] [Roll call]. [3:02:01] -- I believe we were on ec-195. [3:02:02] Prac roll call]. [3:02:04] [Roll call]. [3:02:05] >>coun. Baca: yes. [3:02:07] >>coun. Bassan: yes. [3:02:09] >>coun. Champine: yes. [3:02:11] >>coun. Fiebelkorn: yes. [3:02:13] >>coun. Grout: yes. [3:02:15] >>coun. Lewis: yes. [3:02:17] >>coun. Rogers: yes. [3:02:18] >>coun. Telles: yes. [3:02:19] >>coun. Pe}a: yes. [3:02:22] >> passes unanimously. [3:02:23] >>coun. Pe}a: thank you. [3:02:31] Just so the public knows, [3:02:33] -- [3:02:34] ec-196 approval requested to [3:02:38] increase funding for fy27 [3:02:39] substance abuse treatment [3:02:40] voucher contract with [3:02:41] albuquerque behavioral health. [3:02:43] I move approval. [3:02:44] There's a motion and a second by [3:02:47] committee of the whole chair [3:02:47] grout. [3:02:50] We started with comments first. [3:02:53] We can start there again. [3:02:54] Vice PRESIDENT Champine. [3:02:55] >>coun. Champine: thank you, [3:02:56] MADAM PRESIDENT. [3:02:57] I don't know who to direct this [3:02:58] to. [3:03:02] It has to do with 96-97. [3:03:05] It will be the same question. [3:03:07] Reading through this, I just [3:03:08] jotted down a few things. [3:03:09] My first question is the [3:03:11] contract date. [3:03:15] It seems to start JULY 1st at [3:03:18] 100,000 and why now are we [3:03:20] asking for triple the amount? [3:03:23] >> we go based on historical [3:03:26] contracts with engendered and [3:03:27] albuquerque behavioral health. [3:03:30] They will exceed $100,000 before [3:03:30] mid-year. [3:03:35] We are based on clients we see, [3:03:37] we know this is how much they'll [3:03:39] need for the whole year. [3:03:40] >>coun. Champine: MADAM [3:03:41] PRESIDENT, if we knew that going [3:03:44] in, why not ask for the $300,000 [3:03:46] before JULY 1st when the [3:03:48] contract started? [3:03:49] >> MADAM PRESIDENT, councilor [3:03:50] champine, that's to ensure [3:03:52] continuity of care. [3:03:54] Whenever we're executing [3:03:56] contracts, it was to give them [3:03:58] $100,000 to start and have [3:04:00] enough time for them to continue [3:04:03] operating or providing services [3:04:05] from JUNE 30th. [3:04:07] They have existing clients. [3:04:10] After the budget is approved for [3:04:10] fy27. [3:04:14] We're in a bit of a tight [3:04:17] window. [3:04:21] >>coun. Champine: okay. [3:04:24] Seeing there's these three, how [3:04:26] many substance abuse treatment [3:04:27] contracts are out there right [3:04:27] now. [3:04:29] These are three we're talking [3:04:30] about. [3:04:31] How many more are there? [3:04:32] >> MADAM PRESIDENT, councilor [3:04:35] champine, specific to providing [3:04:37] addiction treatment and healing, [3:04:39] which is engenered and [3:04:40] albuquerque behavioral health, [3:04:41] we have five contractors this [3:04:41] year. [3:04:45] Several of them are smaller [3:04:46] providers. [3:04:48] And provide less than $100,000 [3:04:50] worth of services. [3:04:52] We're monitoring that closely. [3:04:54] If we see one needs additional [3:04:55] dollars, we'll bring that [3:04:59] contract forward as well. [3:05:02] We have other substance [3:05:04] addiction providers but in this [3:05:06] program there's five. [3:05:07] >>coun. Champine: MADAM [3:05:09] PRESIDENT, again, I get what [3:05:10] you're saying. [3:05:11] I'm having a hard time [3:05:12] swallowing the fact that we know [3:05:15] what they usually spend and we [3:05:19] know they go over $100,000 but [3:05:21] we're going to ask and come back [3:05:22] for more. [3:05:23] Do you understand my point? [3:05:25] If we know they're going to go [3:05:27] over, then give us a good [3:05:28] picture going forward with it. [3:05:30] Maybe that's just me not [3:05:33] understanding it properly. [3:05:34] >> MADAM PRESIDENT, councilor [3:05:38] champine, I understand what [3:05:39] you're saying. [3:05:40] We'll see if next year we're [3:05:43] able to put forward a contract [3:05:48] after the budget's approved. [3:05:51] because it meets a certain [3:05:52] threshold and have it in place [3:05:54] prior to JULY 1. [3:05:55] >>coun. Champine: thank you. [3:05:57] >> it's a bit of a timing issue. [3:05:58] >>coun. Champine: thank you. [3:05:59] >>coun. Pe}a: thank you. [3:05:59] Councilor grout. [3:06:01] >>coun. Grout: thank you, MADAM [3:06:02] PRESIDENT. [3:06:05] I have a question about -- this [3:06:06] contract requires the provider [3:06:08] to participate in the [3:06:09] implementation of the cap [3:06:11] voucher database. [3:06:12] And it's our understanding that [3:06:15] it's not ready yet. [3:06:17] It's going to take longer for [3:06:21] you guys to get that negotiated. [3:06:30] Can you tell us -- [3:06:33] >> we had to go back and forth [3:06:33] with that contract. [3:06:36] I talked to our division manager [3:06:36] today. [3:06:39] I think it needs one final [3:06:40] review and it will move to [3:06:41] execution. [3:06:42] We expect the contract will move [3:06:44] to execution with the database [3:06:45] provider. [3:06:46] We expect they're going to take [3:06:48] this first part of this fiscal [3:06:51] year to build it out and by [3:06:54] JANUARY we should have it [3:06:55] operational. [3:06:57] >>coun. Grout: very good. [3:06:57] Thank you. [3:06:58] >>coun. Pe}a: councilor rogers. [3:07:01] >>coun. Rogers: thank you, MADAM [3:07:02] PRESIDENT. [3:07:03] I appreciate this contract has [3:07:06] some very specific things for [3:07:10] process descriptions and data [3:07:12] that we're getting from the [3:07:12] providers. [3:07:14] I thank you, councilor grout, [3:07:16] for bringing up the database. [3:07:17] We're waiting for outcomes on [3:07:18] there. [3:07:20] I want to make sure these [3:07:22] contracts -- also with the [3:07:26] opioid settlement dashboard. [3:07:28] One thing I found interesting [3:07:30] was the qualification. [3:07:33] This is for the past substance [3:07:34] abuse treatment provider [3:07:35] network. [3:07:36] For exhibit a, it says [3:07:38] identification of clients who [3:07:40] are eligible for treatment [3:07:43] subsidies is part of the [3:07:45] standard process of agencies. [3:07:48] Eligibility is defined as [3:07:50] clients who meet all established [3:07:50] criteria. [3:07:52] And there's six of them. [3:07:54] One, they need substance use [3:07:57] treatment defined as having a [3:07:59] substance within the last two [3:08:00] year, which I'm grateful for. [3:08:02] We have some folks who I was [3:08:03] trying to get help this weekend [3:08:07] through acs but wanted to go to [3:08:10] mac but haven't used in two [3:08:10] weeks. [3:08:11] The gentleman said I'm going to [3:08:12] go use. [3:08:14] I'm going to go real quick to [3:08:16] central and use real quick so [3:08:18] they'll take me. [3:08:21] Which is a disastrous outcome. [3:08:24] We need to work on that. [3:08:26] We tried to get them on that and [3:08:27] they were turned away because [3:08:29] they haven't used within the [3:08:30] last two weeks. [3:08:32] I appreciate the city saying two [3:08:35] years because we know this is [3:08:37] getting someone out of substance [3:08:38] abuse is lot. [3:08:42] These are the ones I'm concerned [3:08:44] about. [3:08:46] Do not receive full medicaid [3:08:47] benefits. [3:08:49] So, is this provider able to [3:08:53] bill for medicaid? [3:08:56] So they will be -- if you have [3:08:57] medicaid we'll bill under this [3:08:59] and if they don't their only [3:09:01] billing the city of albuquerque [3:09:01] for those? [3:09:03] Because that was interesting to [3:09:03] read that. [3:09:05] >> MADAM PRESIDENT, councilor [3:09:06] rogers, yes. [3:09:08] In fact, our providers are [3:09:10] expected to bill medicaid. [3:09:12] Additionally, the reason we [3:09:15] utilize the term full medicaid [3:09:17] benefits because at one time [3:09:19] they had family plans and that [3:09:20] didn't cover any behavioral [3:09:21] health. [3:09:23] We wanted to make sure if you [3:09:26] had that type of medicaid which [3:09:27] didn't cover behavioral health [3:09:28] services you would still be [3:09:30] eligible for this program. [3:09:31] >>coun. Rogers: thank you, MADAM [3:09:32] PRESIDENT. [3:09:35] The next one was have commercial [3:09:36] insurance that covers the cost [3:09:38] of behavioral health services to [3:09:42] the deductible greater than [3:09:45] $2500 or copay is $35 or more. [3:09:46] Talk to me about that. [3:09:48] >> MADAM PRESIDENT, councilor [3:09:49] rogers, what we're finding is [3:09:51] people in the very low income, [3:09:53] sometimes they MAY have [3:09:54] commercial insurance, but that [3:09:57] copay or deductive was too [3:09:59] challenging for them to meet and [3:10:00] still receive behavioral health. [3:10:02] We added that to make sure we're [3:10:05] covering the people who weren't [3:10:06] covered in areas for services. [3:10:07] >>coun. Rogers: wonderful. [3:10:08] Thank you. [3:10:11] Last question is just how do [3:10:13] these providers give us all of [3:10:14] this information. [3:10:15] One of the things they're [3:10:18] required to do is summarize the [3:10:20] client's pattern of drug and [3:10:21] alcohol use over time. [3:10:23] Including how and why the [3:10:25] problems began, describe any [3:10:28] triggers to use the client's [3:10:30] readiness for treatment and [3:10:32] describe the client's experience [3:10:34] and level of success. [3:10:36] Including when they were in [3:10:37] treatment and what type of [3:10:38] treatment. [3:10:39] Include information about why [3:10:41] the client began using [3:10:42] substances again. [3:10:45] There's a whole a through I. [3:10:47] How is the department going to [3:10:49] get that information and share [3:10:50] it so we can see it? [3:10:53] >> MADAM PRESIDENT, councilor [3:10:54] rogers, what you're reading from [3:10:56] is defining how expectations of [3:10:59] how they're conducting an [3:11:00] addition assessment. [3:11:04] Those are required components. [3:11:08] Due to higher standards for [3:11:09] confidentiality for substance [3:11:10] abuse treatment. [3:11:12] They're expected to maintain [3:11:14] that in the file. [3:11:17] We have consult [3:11:18] suality [3:11:21] sultants monitor. [3:11:23] To make sure they're having good [3:11:24] clinical standards. [3:11:25] Based on the assessment they're [3:11:27] required to do a treatment plant [3:11:28] and quarterly treatment plan [3:11:29] updates. [3:11:30] We don't actually receive this [3:11:31] information and we shouldn't. [3:11:32] But we do check to make sure [3:11:34] this information is maintained [3:11:38] in the file in accordance with [3:11:39] procedures. [3:11:39] >>coun. Rogers: in that unless, [3:11:42] do we ever take those nuggets [3:11:46] and help us design our programs? [3:11:47] >> MADAM PRESIDENT, councilor [3:11:48] rogers, I'm so glad you're [3:11:49] asking these questions. [3:11:50] In addition, there's some [3:11:51] additionalal information that we [3:11:54] do ask them to collect. [3:11:56] They're called outcomes reports. [3:11:59] It's used for two decades. [3:12:01] They're expected to show there's [3:12:03] some type of progress. [3:12:05] And sometimes in our clients we [3:12:06] see have they established with a [3:12:07] primary care doctor. [3:12:09] That is a positive outcome. [3:12:11] Those are the outcomes we looked [3:12:12] at over time. [3:12:15] And they also maintain that in [3:12:17] they're file. [3:12:18] >>coun. Rogers: those are what [3:12:20] we should see on the dashboard? [3:12:22] >> those are the outcomes we [3:12:24] want to see that we hope to have [3:12:24] operational. [3:12:26] That we'll have operational in [3:12:29] this fiscal year. [3:12:30] >>coun. Rogers: thank you. [3:12:32] We need to have it ready and [3:12:33] ready to go. [3:12:34] I know our teams are working [3:12:35] hard on that. [3:12:40] Thank you, MADAM PRESIDENT. [3:12:41] >>coun. Pe}a: thank you. [3:12:43] Seeing no other questions, our [3:12:47] public commenter took her name [3:12:51] off. [3:12:53] With that, I urge your support [3:12:57] on ec-196. [3:12:59] [Roll call]. [3:13:01] >>coun. Baca: yes. [3:13:03] >>coun. Bassan: yes. [3:13:04] >>coun. Champine: yes. [3:13:07] >>coun. Fiebelkorn: yes. [3:13:09] >>coun. Grout: yes. [3:13:10] >>coun. Lewis: yes. [3:13:13] >>coun. Rogers: yes. [3:13:14] >>coun. Telles: yes. [3:13:15] >>coun. Pe}a: yes. [3:13:17] >> passes unanimously. [3:13:18] >>coun. Pe}a: thank you. [3:13:21] We're now on ec-197 under [3:13:21] approvals. [3:13:26] I move approval of the requested [3:13:29] increase funding for the fy27 [3:13:31] substance abuse treatment [3:13:33] contract with engender [3:13:33] incorporated. [3:13:34] I move approval. [3:13:38] There's a motion, and a second [3:13:40] by vice PRESIDENT Champine. [3:13:41] we'll start with comments from [3:13:45] the councilors. [3:13:46] I see none. [3:13:48] We have anyone signed up to [3:13:48] speak. [3:13:49] There is no one signed up to [3:13:50] speak. [3:13:53] I urge your support on this. [3:13:55] [Roll call]. [3:13:57] >>coun. Baca: yes. [3:13:59] >>coun. Bassan: yes. [3:14:01] >>coun. Champine: yes. [3:14:03] >>coun. Fiebelkorn: yes. [3:14:05] >>coun. Grout: yes. [3:14:07] >>coun. Lewis: yes. [3:14:08] >>coun. Rogers: yes. [3:14:10] >>coun. Telles: yes. [3:14:10] >>coun. Pe}a: yes. [3:14:12] >> passes unanimously. [3:14:13] >>coun. Pe}a: thank you. [3:14:14] We're now on item 14. [3:14:16] Final actions. [3:14:16] Councilor grout and councilor [3:14:19] fiebelkorn. [3:14:20] O-32. [3:14:23] >>coun. Grout: thank you, MADAM [3:14:26] PRESIDENT. [3:14:28] Amending the secondhand [3:14:31] catalytic converter purchase [3:14:33] ordinance and renaming it the [3:14:35] sale of recycled materials [3:14:36] ordinance and expanding the [3:14:38] scope to cover copper or brass [3:14:40] materials and updating reporting [3:14:42] and record keeping requirements [3:14:44] andmanidating the form of tender [3:14:46] for transactions for this [3:14:46] ordinance. [3:14:50] I move do pass. [3:14:50] >>coun. Fiebelkorn: second. [3:14:51] Sdmrp [3:14:53] . [3:14:55] >>coun. Pe}a: there's a motion, [3:14:57] and a second by councilor [3:14:58] fiebelkorn. [3:15:00] I'm going to go to public [3:15:00] comment. [3:15:01] There's none. [3:15:01] Thank you. [3:15:06] Any questions from councilors? [3:15:08] open from councilor grout. [3:15:11] Or councilor fiebelkorn. [3:15:12] >>coun. Grout: thank you. [3:15:15] I want to thank councilor [3:15:16] fiebelkorn for co-sponsoring [3:15:17] this with me. [3:15:21] Four years ago, we brought the [3:15:23] secondhand catalytic converter [3:15:24] ordinance to the public. [3:15:28] And we have seen a dramatic [3:15:32] change -- drop in theft. [3:15:35] And I have been -- I can [3:15:37] honestly say I believe this has [3:15:37] helped. [3:15:42] We also had our partners at the [3:15:45] county, they also passed that [3:15:46] ordinance. [3:15:46] I think that also helped. [3:15:48] And we went to the state. [3:15:50] And did the same thing. [3:15:52] I think when you work together [3:15:54] it can do great things. [3:15:57] We continue to have problems [3:16:01] with copper theft. [3:16:04] Last year, it's been over a [3:16:06] year, since the copper has been [3:16:08] stripped out of the lights on [3:16:10] east central. [3:16:13] They dramatically changed -- it [3:16:17] has been so dark up there. [3:16:19] Pnm had to totally go through [3:16:22] different measures to bring it [3:16:22] back. [3:16:23] And we're slowly getting it [3:16:24] back. [3:16:26] This can all be avoided if we [3:16:27] make it a little more tough on [3:16:29] the people that are selling it. [3:16:32] Not the retailers that are [3:16:32] buying it. [3:16:34] That's not my intent. [3:16:36] But to make it a little harder [3:16:37] for the people that should not [3:16:44] be selling it. [3:16:45] I'm going to have -- we do have [3:16:46] amendments. [3:16:50] I will tell you that we worked [3:16:52] with the community -- the [3:16:53] recyclers in the community. [3:16:55] It was great. [3:16:57] we brought apd together with us. [3:16:59] Our council staff together. [3:17:01] And so that collaboration, I [3:17:03] really think we have come up [3:17:04] with a good document. [3:17:06] We have several amendments. [3:17:08] Again we want to make sure it's [3:17:09] tough on the people that [3:17:11] shouldn't be selling it, and [3:17:13] okay for the people that are [3:17:14] selling it. [3:17:18] I think a lot of these [3:17:19] amendments will be good for [3:17:19] that. [3:17:25] I would like to ask victor, our [3:17:28] council counsel to go over what [3:17:31] this bill does. [3:17:33] >> MADAM PRESIDENT, councilors, [3:17:35] this bill does four principle [3:17:36] things. [3:17:39] First of all, it amends the [3:17:42] secondhand catalytic converter [3:17:43] purchase ordinance to cover [3:17:45] copper and brass material. [3:17:49] We to do this because there's [3:17:50] changes to state law that allow [3:17:52] for record keeping and reporting [3:17:55] requirements to include copper. [3:17:58] Second, like I alluded, this [3:18:00] updates the record and record [3:18:02] keeping requirements for those [3:18:03] types of purchases. [3:18:04] This allows for the record [3:18:05] keeping and reporting of [3:18:08] catalytic converters. [3:18:11] And record keeping of copper and [3:18:12] brass material. [3:18:16] Current state law does not [3:18:17] require secondhand them to [3:18:19] report copper and brass [3:18:20] materials. [3:18:22] This does not require reporting [3:18:23] for copper and brass it requires [3:18:25] record keeping. [3:18:26] Third, this ordinance [3:18:28] establishes a holding period for [3:18:31] both catalytic converters and [3:18:34] copper and brass material for [3:18:36] the investigation that needs to [3:18:38] be conducted for those materials [3:18:42] by apd or by an investigator as [3:18:44] authorized by the ordinance. [3:18:46] Last, this ordinance requires [3:18:49] that transactions in the current [3:18:52] form -- requires it's done with [3:18:53] check not cash. [3:18:56] That was a specific ask by the [3:18:58] partners at apd to help in [3:19:01] investigations to track the [3:19:04] purchases and the use of those [3:19:08] funds that are coming from [3:19:10] illicitly gained catalytic [3:19:13] converters or copper and brass [3:19:14] material. [3:19:15] >>coun. Grout: thank you. [3:19:16] At this time, MADAM PRESIDENT, [3:19:19] I'd like to offer some [3:19:19] amendments. [3:19:23] We'll start with floor amendment [3:19:23] a. [3:19:26] That will be our first one. [3:19:30] Again, going back, working with [3:19:34] the vendors, these were -- and [3:19:39] their lobbyists, they we work [3:19:42] together to come up with these [3:19:42] ideas to this. [3:19:44] I'm not going to read the whole [3:19:44] thing. [3:19:46] I'm going to read the [3:19:46] explanation. [3:19:49] This first amendment changes the [3:19:50] holding period for copper and [3:19:52] brass materials to seven days [3:19:55] for all sellers aside from a new [3:19:57] seller classification. [3:19:58] We have different [3:20:00] classifications here now. [3:20:02] Verified commercial sellers, and [3:20:04] they're verified commercial [3:20:04] sellers. [3:20:08] But there are a lot of vendors. [3:20:11] And plumbers, and construction [3:20:13] folks, that these recyclers see [3:20:14] all the time. [3:20:16] So they know them and they're [3:20:18] very familiar with them. [3:20:20] That's how this came about. [3:20:22] Due to the volume of copper and [3:20:24] brass materials sold by verified [3:20:27] commercial sellers, and [3:20:31] regularity of their sales to [3:20:34] secondhand material metal [3:20:35] dealers cannot physically keep [3:20:37] the volume of copper and brass [3:20:39] material for seven days. [3:20:41] Further, the purpose of this [3:20:42] ordinance is to frustrate sale [3:20:49] of illicit-sourced copper or [3:20:51] brass. [3:20:53] Verified brass sellers are not [3:20:56] the target of the evils sought [3:20:58] to be remedied by the ordinance. [3:21:00] As such a verified commercial [3:21:03] seller provides additional [3:21:06] information such as industrial [3:21:07] specific identification, copper [3:21:09] and brass materials sold by a [3:21:12] contractor MAY be sold or [3:21:14] disposed of in a shorter time [3:21:17] frame than other purchasers. [3:21:18] >>coun. Fiebelkorn: second. [3:21:19] >>coun. Pe}a: there's a motion, [3:21:22] and a second by councilor [3:21:24] fiebelkorn for floor amendment [3:21:25] abled a. [3:21:27] It will become floor amendment [3:21:28] number one. [3:21:32] Any discussion on the amendment? [3:21:34] [Roll call]. [3:21:36] >>coun. Baca: yes. [3:21:38] >>coun. Bassan: yes. [3:21:40] >>coun. Champine: yes. [3:21:41] >>coun. Fiebelkorn: yes. [3:21:48] >>coun. Grout: yes. [3:21:49] >>coun. Lewis: yes. [3:21:52] >>coun. Rogers: yes. [3:21:53] >>coun. Telles: yes. [3:21:55] >>coun. Pe}a: no. [3:21:58] >> passes on an 8-1 vote. [3:22:00] >>coun. Pe}a: we're now on floor [3:22:02] amendment labeled b in your [3:22:02] packet. [3:22:03] It will be floor amendment [3:22:05] number two. [3:22:06] Councilor grout. [3:22:07] >>coun. Grout: thank you, MADAM [3:22:07] PRESIDENT. [3:22:10] Floor amendment number two, this [3:22:12] is one is payment by check. [3:22:15] This was specifically asked by [3:22:15] apd. [3:22:19] Secondhand metal dealer or [3:22:20] dealers agent employee or [3:22:23] representative shall pay for all [3:22:24] purchases above $50 subject to [3:22:27] the ordinance only by check. [3:22:28] No person shall structure divide [3:22:31] or separate a transaction into [3:22:32] multiple purchases for the [3:22:34] purpose of evading this [3:22:35] requirement. [3:22:37] And multiple purchases from the [3:22:39] same seller occurring within the [3:22:42] same business day shall be [3:22:45] aggregated the purposes of [3:22:47] determining whether the $50 [3:22:49] threshold has been met. [3:22:50] >>coun. Fiebelkorn: second. [3:22:51] >>coun. Pe}a: motion, and second [3:22:52] by councilor fiebelkorn, for [3:22:53] floor amendment number two. [3:22:58] Any discussion? [3:22:58] Councilor lewis. [3:23:01] >>coun. Lewis: MADAM PRESIDENT, [3:23:01] thank you. [3:23:03] Is there someone from apd that [3:23:04] might be able to address some [3:23:10] questions regarding this? [3:23:11] >>coun. Pe}a: they're working [3:23:13] their way to the podium. [3:23:15] >> MADAM PRESIDENT, commander [3:23:21] sanchez is here. [3:23:27] >>coun. Lewis: MADAM PRESIDENT, [3:23:31] thank you. [3:23:34] How many -- what we call [3:23:37] vendors, how many secondhand [3:23:39] vendors in the city of [3:23:39] albuquerque? [3:23:41] >> currently, we have five or [3:23:42] six in the city. [3:23:45] The rest is in the county of [3:23:45] bernalillo. [3:23:48] >>coun. Lewis: five or six. [3:23:51] They already go through a [3:23:53] pretty -- they're required under [3:23:59] state laws to go through [3:24:00] extensive -- they have to [3:24:04] understand and know who their [3:24:08] purchasing from. [3:24:11] I guess, tell me about the [3:24:13] cases, or how many cases you [3:24:16] have where you discovered the [3:24:19] purchase of stolen property by [3:24:21] the vendors? [3:24:21] >> MADAM PRESIDENT, councilor [3:24:24] lewis, as far as specific cases [3:24:26] within the last year, and going [3:24:29] back into 2025, a large number [3:24:31] that we received is a lot of the [3:24:33] cell phone towers that have been [3:24:34] hit, which have taken a lot of [3:24:36] the copper. [3:24:39] We've also had some memorials [3:24:40] that have been taken. [3:24:43] Yes, the state does have some [3:24:44] stringent enforcement policies [3:24:50] in place, however, the way this [3:24:52] amendment makes it is to give [3:24:54] law enforcement some better [3:24:57] tracking purposes as far as [3:24:58] looking back to see who sold it [3:25:01] to make sure that they're not [3:25:04] using fictitious drivers license [3:25:06] to present they're selling this [3:25:10] metal to the secondhand sellers. [3:25:15] And also, it gives us kind of a [3:25:16] deterrent, especially whenever [3:25:18] you're looking at the check. [3:25:20] Whenever you're paying, instead [3:25:24] of cash, you're not getting [3:25:26] instant gratification for [3:25:27] individuals stealing from the [3:25:28] citizens and taking the copper [3:25:31] and providing larger monetary [3:25:33] value to the damage that's done [3:25:35] to get some of this copper. [3:25:38] As far as when you look at the [3:25:39] cases, we looked at what would [3:25:41] be best suited to work with not [3:25:44] only the citizens but also the [3:25:44] businesses. [3:25:47] So that way we can combat the [3:25:48] crime and make sure we're [3:25:50] providing a deterrent but also [3:25:52] being fair to the businesses and [3:25:55] also the citizens. [3:25:57] >>coun. Lewis: I know there's [3:25:58] already a pretty extensive [3:26:01] amount of deterrence, what [3:26:02] evidence do you have this is [3:26:07] being sold to these vendors? [3:26:08] >> whenever there's a theft, [3:26:12] whenever it's a large theft, we [3:26:16] have our leads op [3:26:17] nline and do [3:26:19] copper theft or metal theft [3:26:19] alerts. [3:26:21] When those come in, we get [3:26:21] those. [3:26:23] Building those cases out as [3:26:24] investigators, some of the [3:26:26] things these amendments will [3:26:28] cover will give us more teeth [3:26:30] and more investigative leads to [3:26:31] go after these individuals to [3:26:34] find out who the ring leaders [3:26:38] are to make sure the bad actors [3:26:40] are held accountable for the [3:26:40] actions. [3:26:42] >>coun. Lewis: so there's five [3:26:44] vendors in the city and you have [3:26:46] zero evidence that stolen [3:26:48] property is being sold to the [3:26:48] vendors. [3:26:49] What's your evidence? [3:26:50] Tell me the evidence you have [3:26:52] that this property is being sold [3:26:54] to these five vendors in the [3:26:54] city of albuquerque? [3:26:56] >> MADAM PRESIDENT, councilor [3:26:59] lewis, the evidence is whenever [3:27:02] the victims of these crimes call [3:27:05] in and whenever we take the [3:27:09] reports for the metal theft, we [3:27:10] need ordinances like this to [3:27:12] help us to prove that those [3:27:16] individuals did take it to these [3:27:17] metal sellers. [3:27:19] These recycling places. [3:27:22] So that way we can pinpoint this [3:27:23] individual to being in that [3:27:25] area, whether it be by video [3:27:27] camera, surveillance camera, or [3:27:28] forensic evidence located on [3:27:30] scene to help build those cases. [3:27:33] As it stands now, metal theft is [3:27:37] a big issue within the city. [3:27:39] Especially when it comes to [3:27:40] copper theft. [3:27:41] >>coun. Lewis: sir, I have no [3:27:43] doubt that metal theft is a big [3:27:43] issue in the city. [3:27:45] But I also have no doubt that [3:27:47] probably a large of that metal [3:27:50] is being sold outside of our [3:27:52] city and other states. [3:27:56] I know that a lot of it goes to [3:27:59] mexico. [3:28:01] So, I believe the intentions are [3:28:03] right. [3:28:06] But for years and years, I know [3:28:08] your department, this is one of [3:28:10] the strategies to try and fight [3:28:12] crime in the city. [3:28:14] I do have a fundamental problem [3:28:18] with efforts like this that put [3:28:23] such a stringent hardship on [3:28:26] good businesses that provide a [3:28:28] service [3:28:30] service. [3:28:31] And really not having any kind [3:28:34] of evidence that shows they've [3:28:37] ever -- I'm sure it happens. [3:28:40] But raising to a level of a [3:28:42] massive problem where we put [3:28:44] laws in place like this that [3:28:49] just contained and constrict and [3:28:52] restrict law-abiding citizens [3:28:54] that want to do business in the [3:28:55] city of albuquerque when we have [3:28:57] no evidence that the problem is [3:28:57] really centered there. [3:28:59] The problem is behavior. [3:29:02] The problem is the thefts going [3:29:04] on around the city. [3:29:06] I think in comparison the [3:29:09] problem to pinpoint our efforts [3:29:13] are not on these five [3:29:17] businesses. [3:29:20] Again, I also -- reading these [3:29:21] bills, it's my understanding [3:29:26] these are very dueplicative. [3:29:31] These are restrictions in laws [3:29:32] that these secondhand vendors [3:29:37] are abiding by within our state. [3:29:38] I think putting more and more [3:29:42] laws on the books where we don't [3:29:43] have evidence shows this is the [3:29:56] heart [3:29:58] I believe our intentions are [3:30:00] right, I believe the sponsors's [3:30:01] intentions are right. [3:30:02] But I don't believe the focus [3:30:06] should be on these, again, good [3:30:07] businesses that provide a great [3:30:13] service for our city. [3:30:17] Thank you, MADAM PRESIDENT. [3:30:18] >>coun. Pe}a: thank you. [3:30:20] Thank you so much for answering [3:30:22] those questions. [3:30:24] I don't see anyone else. [3:30:25] Any comments? [3:30:27] You said you're good with no [3:30:28] closing. [3:30:31] >>coun. Grout: I urge your [3:30:31] support. [3:30:32] [Roll call]. [3:30:35] >>coun. Baca: yes. [3:30:37] >>coun. Bassan: yes. [3:30:39] >>coun. Champine: yes. [3:30:41] >>coun. Fiebelkorn: yes. [3:30:43] >>coun. Grout: yes. [3:30:45] >>coun. Lewis: no. [3:30:48] >>coun. Rogers: yes. [3:30:48] >>coun. Telles: yes. [3:30:51] >>coun. Pe}a: no. [3:30:54] >> passes on a 7-2 vote. [3:30:55] >>coun. Pe}a: we're now on floor [3:30:57] amendment labeled c. [3:30:58] It will become floor amendment [3:30:58] number three. [3:30:59] Councilor grout. [3:31:01] >>coun. Grout: thank you, MADAM [3:31:01] PRESIDENT. [3:31:04] This amendment just adds in this [3:31:08] ordinance's record keeping and [3:31:10] requirements shall be construed [3:31:12] and no more strangeant than the [3:31:14] state's requirements. [3:31:15] I move do pass. [3:31:16] >>coun. Pe}a: there's a motion, [3:31:17] and a second by vice PRESIDENT [3:31:17] Champine. [3:31:19] >>coun. Grout: I would like to [3:31:22] just mention we went on field [3:31:23] trips. [3:31:27] We went to one of the recycling [3:31:27] vendor. [3:31:29] And they walked us through the [3:31:29] process. [3:31:31] they also told us that there are [3:31:35] times when people show up and [3:31:37] they're afraid that they didn't [3:31:40] come by that scrap honestly. [3:31:43] So they will call in. [3:31:47] And also, those bad actors learn [3:31:49] that they won't be accepted [3:31:51] there so they go to some other [3:31:51] ones. [3:31:53] There's a couple just right down [3:31:54] the road from 2nd street. [3:31:56] I think it might be in the [3:31:57] county. [3:32:00] I will say the county -- the [3:32:01] county commissioner is very [3:32:05] excited about bringing this to [3:32:05] bernalillo county pause [3:32:06] because we [3:32:07] want to make sure all of the [3:32:09] surrounding areas -- I do agree, [3:32:10] sometimes they go down south. [3:32:12] But we have to capture those [3:32:14] ones around here. [3:32:17] We did work with the vendors. [3:32:18] I'll go back to that. [3:32:24] They told us that these are best [3:32:28] practices. [3:32:29] >>coun. Pe}a: there's a motion, [3:32:30] and a second. [3:32:34] [Roll call]. [3:32:36] >>coun. Baca: yes. [3:32:37] >>coun. Bassan: yes. [3:32:39] >>coun. Champine: yes. [3:32:42] >>coun. Fiebelkorn: yes. [3:32:44] >>coun. Grout: yes. [3:32:47] >>coun. Lewis: no. [3:32:49] >>coun. Rogers: yes. [3:32:50] >>coun. Telles: yes. [3:32:51] >>coun. Pe}a: no. [3:32:54] >> passes on a 7-2 vote. [3:32:55] >>coun. Pe}a: we're now on floor [3:32:58] amendment labeled d in your [3:32:58] packet. [3:33:00] It will become floor amendment [3:33:01] number four. [3:33:02] Councilor grout. [3:33:03] >>coun. Grout: thank you, MADAM [3:33:05] PRESIDENT. [3:33:06] Floor amendment four. [3:33:07] Again, not going to read through [3:33:10] the whole thing. [3:33:12] It gives an alternative option [3:33:15] for secondhand metal dealers to [3:33:17] preserve a record of a catalytic [3:33:19] converter or copper or brass [3:33:20] material transaction via [3:33:22] continuous video recording. [3:33:28] Again, not wanting to make it so [3:33:30] burdensome on it the vendors. [3:33:34] The vendor we visited with, they [3:33:35] actually have equipment and [3:33:37] they're able to record when the [3:33:38] vehicle drives up. [3:33:42] And record that license plate. [3:33:43] They're going to capture the [3:33:44] person's face. [3:33:47] And there's a process by how [3:33:48] they go. [3:33:50] And there are some small [3:33:52] businesses that won't have the [3:33:54] means to buy the fancy equipment [3:33:55] yet. [3:33:57] They will have to do it the [3:34:01] old-fashioned way. [3:34:01] >>coun. Fiebelkorn: second. [3:34:02] >>coun. Pe}a: there's a motion, [3:34:03] and a second by councilor [3:34:04] fiebelkorn, for floor amendment [3:34:05] number four. [3:34:08] Any questions from the [3:34:08] councilors? [3:34:09] Councilor rogers. [3:34:10] >>coun. Rogers: thank you, MADAM [3:34:11] PRESIDENT. [3:34:13] I just want to ask the sponsor, [3:34:15] given all the conversation we [3:34:18] had about flock cameras during [3:34:24] public comment, this is it MAY [3:34:26] create, it doesn't require them. [3:34:27] If they do they have to keep [3:34:30] this for two months as outlined [3:34:30] here? [3:34:33] >>coun. Grout: I believe so. [3:34:35] >> councilor pe}a, councilor [3:34:36] rogers, that's correct. [3:34:38] The reason being is the current [3:34:42] state law is a permissive [3:34:43] scheme. [3:34:46] It states that a seller MAY take [3:34:49] a digital photograph -- I'm [3:34:52] sorry -- a secondhand metal [3:34:53] dealer MAY take a photograph of [3:34:54] a seller. [3:34:56] This provides an alternative to [3:34:58] serve as a best practices [3:35:00] approach based on what we've [3:35:02] seen with the industry to get a [3:35:04] sense of an alternative version [3:35:06] to make sure they can correctly [3:35:07] have alternative ways of [3:35:09] documenting the process. [3:35:12] This is sort of a section of [3:35:14] this bill is an aspirational [3:35:18] best practices kind of structure [3:35:22] so when there's a record being [3:35:25] taken, the kind we sought during [3:35:27] our field trip, so to speak, [3:35:30] that really left an imprint on [3:35:32] how these industries should be [3:35:34] approaching records retention [3:35:35] that best assist in further [3:35:37] investigation should they arise. [3:35:37] >>coun. Rogers: just a follow up [3:35:38] to that. [3:35:41] Just like the city of [3:35:42] albuquerque must label that we [3:35:44] have automatic speed cameras, [3:35:47] for example, so folks know. [3:35:49] Are businesses required to say [3:35:53] we are -- you're under [3:35:53] surveillance? [3:35:54] Is there any requirements in [3:35:57] this that says we have to [3:35:58] actively let people know that's [3:36:00] what's happening if they choose [3:36:03] to patron that business? [3:36:05] >> councilor rogers, this [3:36:07] wouldn't require that those -- [3:36:09] there will be a notification [3:36:10] that this kind of notification [3:36:11] would be there. [3:36:15] But the best practices we've [3:36:17] seen from the metal center we [3:36:19] went to make it very obvious. [3:36:21] They indicate your picture will [3:36:24] be taken and your id will be [3:36:25] copied and information will be [3:36:27] taken down about the vehicle [3:36:28] that's going to be removed. [3:36:29] When the material is being [3:36:31] weighed, it won't be moved until [3:36:32] documentation has been made of [3:36:35] that material in terms of video [3:36:39] from above or from the side. [3:36:42] It is -- it's not only obvious, [3:36:45] it's clear that the material and [3:36:49] that the record that's being [3:36:53] kept is evident. [3:36:54] >>coun. Rogers: we saw that was [3:36:55] a best practice but didn't make [3:36:57] it a requirement? [3:36:59] >> that's correct. [3:37:00] >>coun. Rogers: would the [3:37:03] sponsor be willing to have a [3:37:04] friendly amendment that the [3:37:06] business owner needs to have [3:37:07] something displayed to meet the [3:37:11] best practices of what you saw? [3:37:12] If they're going to do this they [3:37:16] should advertise that. [3:37:17] >> MADAM PRESIDENT, councilor [3:37:18] rogers, I think an amendment [3:37:20] that would be proposed and voted [3:37:24] on would be an promote [3:37:24] circumstance. [3:37:26] For council, we have a standing [3:37:28] resistance to friendly [3:37:30] amendments as procedural point. [3:37:32] As to an amendment, that could [3:37:33] be something that could be [3:37:36] discussed along the councilors. [3:37:38] >>coun. Rogers: thank you. [3:37:40] I appreciate what our staff [3:37:40] prefers. [3:37:42] My question is for the sponsor, [3:37:46] if she would be open. [3:37:46] >>coun. Pe}a: councilor rogers, [3:37:48] I think because there's no such [3:37:51] things a friendly amendment, I [3:37:53] think what you would have to do [3:37:55] is propose it as an amendment to [3:37:55] the amendment. [3:37:56] >>coun. Rogers: thank you, MADAM [3:37:56] PRESIDENT. [3:37:58] When did that change? [3:38:00] I've been here for three years [3:38:03] and did a bunch of friendly [3:38:03] amendments. [3:38:04] >>coun. Pe}a: there's no such [3:38:06] thing as a friendly amendment. [3:38:07] >>coun. Rogers: MADAM PRESIDENT, [3:38:08] since when? [3:38:13] >>coun. Pe}a: in robert's rules. [3:38:15] >>coun. Rogers: thank you, MADAM [3:38:22] PRESIDENT, I'd love to see that. [3:38:24] Oh, so I call it the amendment [3:38:26] to the amendment, not friendly [3:38:26] amendment. [3:38:28] Thank you for helping me learn. [3:38:30] Three years in, I'm still [3:38:31] learning. [3:38:32] I'd like to make an amendment to [3:38:34] the amendment, to include [3:38:37] language there has to be some [3:38:38] type of notification to the [3:38:39] public that this is taking [3:38:39] place. [3:38:40] Similar to what you saw in the [3:38:44] best practices that you visited. [3:38:45] >>coun. Pe}a: that was in the [3:38:47] form of a motion? [3:38:49] Is there a second? [3:38:54] I'll second it. [3:38:56] >>coun. Rogers: thank you, MADAM [3:38:57] PRESIDENT. [3:38:57] >>coun. Pe}a: any discussion on [3:39:02] the amendment to the amendment? [3:39:04] >> MADAM PRESIDENT, can you [3:39:07] clarify what your secondary [3:39:07] amendment is? [3:39:08] >>coun. Rogers: what I would [3:39:13] like to add is if businesses [3:39:15] choose, MAY, they're not [3:39:16] required to, if they choose to [3:39:20] have this type of level of [3:39:22] surveillance, they advertise [3:39:24] that in some kind of signage. [3:39:26] Whatever the best practice they [3:39:28] saw when they went on the field [3:39:28] trip. [3:39:29] I don't know what that is [3:39:31] because I didn't get to go. [3:39:34] I'll maybe need to work with the [3:39:35] sponsor to come up with the [3:39:36] correct language. [3:39:38] I see our team doing that. [3:39:41] >>coun. Pe}a: they're working on [3:39:42] drafting that. [3:39:43] >>coun. Bassan: MADAM PRESIDENT, [3:39:45] I have a question. [3:39:46] if I'm understanding it [3:39:47] correctly. [3:39:49] This amendment is adding in a [3:39:50] section. [3:39:53] So the buyer would have to [3:39:55] either take photographs of [3:39:58] everything listed in this bill, [3:40:01] or they MAY choose to do a video [3:40:04] of all of these things. [3:40:05] Is that correct? [3:40:06] >> MADAM PRESIDENT, councilor [3:40:07] bassan, that's correct. [3:40:12] >>coun. Bassan: thank you. [3:40:13] >>coun. Pe}a: councilor [3:40:13] fiebelkorn. [3:40:14] >>coun. Fiebelkorn: thank you, [3:40:14] MADAM PRESIDENT. [3:40:17] I guess I just have a bigger [3:40:18] question. [3:40:19] I'm not sure that you're [3:40:22] entitled to privacy anywhere in [3:40:23] public anymore. [3:40:25] I go to a lot of stores and all [3:40:27] the stores have surveillance. [3:40:30] I don't see any signage in my [3:40:31] neighborhood store when I go in [3:40:33] there that says you're under [3:40:34] surveillance, but I am. [3:40:36] I want to make sure that we're [3:40:38] not just singling out these [3:40:39] particular businesses with that [3:40:40] kind of requirement. [3:40:42] I don't know if anybody can [3:40:44] answer that, but it's my [3:40:47] understanding that in public you [3:40:49] don't have to -- I agree with [3:40:50] the councilor. [3:40:50] You should. [3:40:53] But I don't think that is the [3:40:56] generally agreed upon way this [3:40:56] work. [3:40:57] I just want to make sure we're [3:40:59] not making these five businesses [3:41:00] do something that everybody else [3:41:01] isn't doing. [3:41:02] >>coun. Rogers: thank you, MADAM [3:41:03] PRESIDENT. [3:41:04] I think that's a good point. [3:41:07] That's why I love the debate. [3:41:10] I think most of the places i [3:41:12] patron will have a sign that [3:41:15] says you're under surveillance. [3:41:16] It's not mandatory. [3:41:19] Even at the airport, when you [3:41:21] have to put your face to fly. [3:41:23] It says you have the option not [3:41:26] to be photographed, even at our [3:41:26] airport. [3:41:28] I'm willing to -- I don't want [3:41:29] us to do that. [3:41:32] I don't want us to single out -- [3:41:34] to councilor lewis's point, five [3:41:35] businesses if we don't make that [3:41:37] a rule across the board. [3:41:38] I think that is the right thing [3:41:39] to do. [3:41:42] I'll withdraw my not-friendly [3:41:46] amendment to the amendment. [3:41:47] >>coun. Pe}a: the unfriendly [3:41:48] amendment. [3:41:49] I just want to say that I [3:41:51] supported the amendment. [3:41:53] I think that somebody is going [3:41:55] to go in there, I think they [3:41:55] should know. [3:41:58] It falls in the line of [3:42:00] entrapment if you go into a [3:42:01] place to sell copper and you're [3:42:03] being recorded and you don't [3:42:03] realize that. [3:42:04] That's that. [3:42:05] >> MADAM Chair, since that [3:42:08] amendment was seconded -- it [3:42:09] belongs to the body. [3:42:14] You have to take a vote. [3:42:16] >>coun. Pe}a: I thought she can [3:42:18] withdraw it? [3:42:18] Okay. [3:42:20] [Roll combraubtial]. [3:42:23] [Roll call]. [3:42:27] >>coun. Baca: no. [3:42:30] >>coun. Bassan: yes. [3:42:34] >>coun. Champine: no. [3:42:37] >>coun. Fiebelkorn: yes. [3:42:43] >>coun. Grout: no. [3:42:45] -- withdrawal, yes. [3:42:47] >> you're changing your vote to [3:42:48] a yes? [3:42:49] >>coun. Grout: yes. [3:42:51] [Roll call]. [3:42:54] >>coun. Lewis: yes. [3:42:57] >>coun. Rogers: yes. [3:42:57] >>coun. Telles: yes. [3:43:00] >>coun. Pe}a: no. [3:43:03] >> passes on a 6-3 vote. [3:43:06] >>coun. Pe}a: we're now back on [3:43:10] the amendment as it was not [3:43:12] amended. [3:43:14] I don't think there was any [3:43:16] additional discussions. [3:43:17] Councilor grout. [3:43:18] >>coun. Grout: I urge your [3:43:19] support. [3:43:23] [Roll call]. [3:43:25] >>coun. Baca: yes. [3:43:27] >>coun. Bassan: yes. [3:43:29] >>coun. Champine: yes. [3:43:32] >>coun. Fiebelkorn: yes. [3:43:35] >>coun. Grout: yes. [3:43:37] >>coun. Lewis: no. [3:43:39] >>coun. Rogers: yes. [3:43:41] >>coun. Telles: yes. [3:43:42] >>coun. Pe}a: no. [3:43:45] >> passes on a 7-2 vote. [3:43:46] >>coun. Pe}a: thank you. [3:43:48] We're now on floor amendment [3:43:49] labeled e in your packet will be [3:43:51] floor amendment number five. [3:43:51] Councilor grout. [3:43:52] >>coun. Grout: thank you, MADAM [3:43:52] PRESIDENT. [3:43:56] This one is just an amendment to [3:43:58] correct multiple type graphical [3:44:01] errors in the bill by incerting [3:44:06] the term term of art [3:44:08] catalytic [3:44:09] converter. [3:44:10] >>coun. Fiebelkorn: second. [3:44:11] >>coun. Pe}a: there's a motion, [3:44:12] and a second by councilor [3:44:12] fiebelkorn. [3:44:15] Any discussion from councilors? [3:44:19] [Roll call]. [3:44:21] >>coun. Baca: yes. [3:44:23] >>coun. Bassan: yes. [3:44:24] >>coun. Champine: yes. [3:44:26] >>coun. Fiebelkorn: yes. [3:44:29] >>coun. Grout: yes. [3:44:32] >>coun. Lewis: yes. [3:44:34] >>coun. Rogers: yes. [3:44:36] >>coun. Telles: yes. [3:44:37] >>coun. Pe}a: yes. [3:44:38] >> passes unanimously. [3:44:40] >>coun. Pe}a: we're now on the [3:44:43] final amendment that I see, [3:44:44] anyway. [3:44:45] This is floor amendment labeled [3:44:46] f. [3:44:46] It will be floor amendment [3:44:47] number six. [3:44:49] >>coun. Grout: thank you, MADAM [3:44:50] PRESIDENT. [3:44:51] This one that councilor bassan [3:44:53] was able to notify us of. [3:44:58] We just need to change one word [3:44:59] from state to city. [3:45:01] This amendment corrects an error [3:45:03] in the bill by correcting [3:45:04] reflecting the jurisdictional [3:45:07] bounds of this ordinance only to [3:45:10] the city not the entire state. [3:45:11] >>coun. Fiebelkorn: second. [3:45:12] >>coun. Pe}a: there's a motion, [3:45:14] and a second by councilor [3:45:15] fiebelkorn. [3:45:16] For technical fix. [3:45:18] Any councilors? [3:45:19] >>coun. Grout: urge your [3:45:19] support. [3:45:21] [Roll call]. [3:45:23] >>coun. Baca: yes. [3:45:25] >>coun. Bassan: yes. [3:45:27] >>coun. Champine: yes. [3:45:29] >>coun. Fiebelkorn: yes. [3:45:30] >>coun. Grout: yes. [3:45:32] >>coun. Lewis: yes. [3:45:35] >>coun. Rogers: yes. [3:45:38] >>coun. Telles: yes. [3:45:39] >>coun. Pe}a: yes. [3:45:44] >> passes unanimously. [3:45:46] >>coun. Pe}a: thank you. [3:45:50] We're now back on the bill as [3:45:52] amended six times. [3:45:52] O-39. [3:45:54] Do we have anyone signed up to [3:45:55] speak? [3:45:56] We have no one signed up to [3:46:06] speak? [3:46:06] No? [3:46:09] Okay. [3:46:10] any other discussion from [3:46:11] councilors? [3:46:11] Seeing none. [3:46:12] Councilor grout and councilor [3:46:13] fiebelkorn to close. [3:46:15] >>coun. Grout: I would just like [3:46:19] to thank everybody that worked [3:46:21] on this -- everybody that worked [3:46:25] on this ordinance update. [3:46:25] Apd. [3:46:26] Council staff. [3:46:30] The vendors. [3:46:31] And councilor fiebelkorn. [3:46:33] I just am grateful for the [3:46:35] collaboration and the teamwork [3:46:37] of coming together and making [3:46:40] compromises and I think it will [3:46:40] be better. [3:46:43] I look forward to having [3:46:47] brighter days on the streets. [3:46:50] And I know that the vendors -- [3:46:51] there's some great vendors out [3:46:52] there that want to do the [3:46:56] recognize -- right thing. [3:46:58] They don't want to get caught up [3:46:59] in what could be something bad. [3:47:01] Ibrush [3:47:04] I appreciate their willingness [3:47:06] to know there needs to be this [3:47:06] change. [3:47:07] I'm grateful for it. [3:47:08] I urge your support. [3:47:13] [Roll call]. [3:47:16] >>coun. Baca: yes. [3:47:17] >>coun. Bassan: yes. [3:47:19] >>coun. Champine: yes. [3:47:22] >>coun. Fiebelkorn: yes. [3:47:24] >>coun. Grout: yes. [3:47:26] >>coun. Lewis: no. [3:47:28] >>coun. Rogers: yes. [3:47:30] >>coun. Telles: yes. [3:47:30] >>coun. Pe}a: yes. [3:47:34] >> passes on an 8-1 vote. [3:47:35] >>coun. Pe}a: thank you. [3:47:36] We're on o-35. [3:47:42] This is my -- by request. [3:47:45] This is municipal solid waste [3:47:46] ordinance collection and [3:47:49] disposal rate to increase [3:47:52] disposal fees for centers for [3:47:54] businesses and residents outside [3:47:55] of albuquerque limits. [3:47:58] Collection fees for city [3:47:59] municipality landfill and [3:48:01] convenience center to provide [3:48:01] proof of residency. [3:48:06] I move do pass. [3:48:09] There's a motion, and a second [3:48:11] by councilor bassan for do pass [3:48:15] of o-35. [3:48:16] Anyone signed up to speak? [3:48:30] >> jonah followed by mervin. [3:48:47] Mervin. [3:48:52] >> thank you, again, MADAM [3:48:52] PRESIDENT. [3:48:54] I've been here before with this [3:48:55] matter. [3:48:58] On MAY 30th, 2025 I was run down [3:49:02] by a city of albuquerque solid [3:49:03] waste management vehicle driven [3:49:07] by three employees of the solid [3:49:07] waste management. [3:49:14] The driver that -- samir [3:49:17] edwards. [3:49:21] Imil -- charles casias was [3:49:22] passenger. [3:49:28] The apd public service aide [3:49:33] enrique diaz, 8-7-14. [3:49:37] He filed a falsified new mexico [3:49:39] investigation crash report. [3:49:42] He, himself, told me that the [3:49:46] camera that he had on was -- [3:49:47] >> sir. [3:49:49] Your comments have to be germane [3:49:51] to the topic in the ordinance [3:49:53] that we're discussing. [3:49:56] >> let me get back to the topic [3:49:57] at hand. [3:49:59] The amendment you're talking [3:50:02] about should include that the [3:50:04] city of albuquerque employees [3:50:07] should not be allowed to use [3:50:10] city of albuquerque property to [3:50:14] harm, injure, maim or cause the [3:50:15] death of any city of albuquerque [3:50:18] death or visitors. [3:50:21] The traffic cams, the camera of [3:50:23] the day, the video was [3:50:23] destroyed. [3:50:25] >>coun. Champine: sir, again, [3:50:28] this ordinance we're discussing [3:50:30] front has to do with an increase [3:50:32] in fees. [3:50:34] Not have to do with cameras or [3:50:36] policies and procedures of how [3:50:38] accidents are tracked within the [3:50:39] system. [3:50:41] If you have comment about the [3:50:44] increase in fees for outside the [3:50:45] residents, please give them. [3:50:46] If not, then your public comment [3:50:48] is over, sir. [3:50:49] >> okay. [3:50:52] I would like to address, again, [3:50:54] if anybody is going to be paying [3:50:57] for services of the city of [3:50:58] albuquerque here in the city or [3:51:00] outside of the city, I think the [3:51:03] rule of law should be followed. [3:51:07] I think enforcement should be [3:51:08] included in this amendment. [3:51:09] That city of albuquerque [3:51:11] employees should not be allowed [3:51:14] to use city of albuquerque [3:51:16] property to injure other people [3:51:19] or cause death. [3:51:19] Thank you. [3:51:20] >>coun. Champine: thank you, [3:51:29] sir. [3:51:30] >>coun. Pe}a: thank you. [3:51:34] Any other questions from [3:51:34] councilors? [3:51:35] Councilor telles. [3:51:36] >>coun. Telles: thank you, MADAM [3:51:36] PRESIDENT. [3:51:41] I just have a couple of [3:51:41] questions. [3:51:43] I guess for the director. [3:51:56] Maybe even our sponsors. [3:51:58] Hello, director. [3:52:00] How are you? [3:52:01] >> good. [3:52:02] >>coun. Telles: I had fun on my [3:52:03] solid waste tour. [3:52:04] Thank you for that. [3:52:07] Really was hoping I would get a [3:52:08] pink hard hat, but yellow is not [3:52:10] my color. [3:52:11] It worked out anyway. [3:52:14] I just have a couple of [3:52:19] questions on the cost basis for [3:52:23] setting it at $12 versus $5. [3:52:29] Did you do a cost of service [3:52:34] analysis, or is that a round [3:52:37] number policy choice? [3:52:38] >> MADAM PRESIDENT, councilor [3:52:40] telles, we do have a cost of [3:52:41] service we do annually. [3:52:46] The cost of service will show we [3:52:51] subsidize $19.69 for the $5, and [3:52:55] 12 will be subsidized at $12.69. [3:52:57] >>coun. Telles: thank you, MADAM [3:52:57] PRESIDENT, director. [3:53:00] Who checks the utility bill or [3:53:03] id at the point of disposal at [3:53:05] the convenience center? [3:53:07] Have they trained staff for it [3:53:09] to be effective after the [3:53:10] adoption of the bill? [3:53:11] >> MADAM PRESIDENT, councilor [3:53:14] telles, the cashiers will be the [3:53:17] ones checking for the [3:53:18] information required. [3:53:20] As far as being trained, we have [3:53:22] not fully trained them at this [3:53:22] time. [3:53:25] But it will not take more than a [3:53:26] week to train them. [3:53:28] >>coun. Telles: thank you, [3:53:28] director. [3:53:31] Will there be an sop developed [3:53:34] so they can follow that? [3:53:36] >> MADAM PRESIDENT, councilor [3:53:37] telles, yes. [3:53:38] >>coun. Telles: wonderful. [3:53:38] Thank you. [3:53:40] MADAM PRESIDENT, director, what [3:53:42] happens to someone who is a [3:53:47] genuine in city resident but [3:53:48] doesn't [3:53:50] have a utility bill or id. [3:53:53] Is there an appeal or process or [3:53:55] are they just charged out of [3:53:55] city rate? [3:53:57] >> currently, they're charged [3:53:58] out of city rate. [3:54:00] >>coun. Telles: my final [3:54:01] question, thank you, MADAM [3:54:02] PRESIDENT. [3:54:04] How many out of city residential [3:54:05] and commercial accounts use [3:54:07] these convenience centers? [3:54:09] And what's the projected revenue [3:54:10] impact? [3:54:11] >> MADAM PRESIDENT, councilor [3:54:14] telles, roughly 42% is what [3:54:17] we -- during the time we got the [3:54:19] information, is out of the city. [3:54:24] And roughly $1.1 million is what [3:54:25] we would generate. [3:54:26] >>coun. Telles: thank you. [3:54:27] Those are all my questions. [3:54:29] I appreciate it. [3:54:30] >>coun. Pe}a: any additional [3:54:32] comments or questions? [3:54:32] No. [3:54:33] There you go. [3:54:36] I will close by saying I urge [3:54:36] your support. [3:54:40] [Roll call]. [3:54:42] >>coun. Baca: yes. [3:54:44] >>coun. Bassan: yes. [3:54:46] >>coun. Champine: yes. [3:54:48] >>coun. Fiebelkorn: yes. [3:54:51] >>coun. Grout: yes. [3:54:53] >>coun. Lewis: no. [3:54:55] >>coun. Rogers: yes. [3:54:56] >>coun. Telles: yes. [3:54:57] >>coun. Pe}a: yes. [3:55:00] >> passes on an 8-1 vote. [3:55:02] >>coun. Pe}a: thank you so much [3:55:05] we're now on o-39, by request. [3:55:06] Councilor grout. [3:55:08] >>coun. Grout: thank you, MADAM [3:55:08] PRESIDENT. [3:55:09] Amending the integrated [3:55:11] development ordinance to revise [3:55:13] regulation for cannabis and [3:55:17] nicotine retail uses in table [3:55:21] 4-2-1, allowable uses in section [3:55:24] 14-16-4-3. [3:55:35] I move a do pass. [3:55:36] >>coun. Pe}a: there's a motion [3:55:38] and a second by councilor [3:55:39] bassan. [3:55:40] We'll go to public comment, [3:55:41] right out of the gate. [3:55:42] >> thank you, MADAM PRESIDENT. [3:55:44] First speaker is grace followed [3:55:55] by jonah. [3:55:58] >> MADAM PRESIDENT, I stand in [3:55:59] opposition to this ordinance [3:56:02] because it's a thinly veiled [3:56:03] attempt to continue exclusionary [3:56:06] and racist history of zoning [3:56:07] laws. [3:56:09] This isn't about buffers and [3:56:10] setbacks, albuquerque has a [3:56:13] documented history of racial [3:56:14] covenants that excluded black [3:56:17] and hispanic and asian american [3:56:18] families from entire [3:56:19] neighborhoods. [3:56:21] Covenants that will sit on [3:56:22] property deeds today. [3:56:25] This city has documented history [3:56:27] of routing undesirable land uses [3:56:31] into the same historic [3:56:31] neighborhoods of color. [3:56:34] South valley, international [3:56:35] districts, west side. [3:56:37] That's the result of neutral [3:56:40] tools like buffers. [3:56:42] I'm not asking to draw more [3:56:44] lines on a map. [3:56:46] More buffers overlays, it's the [3:56:49] same exclusionary tool kit aimed [3:56:50] at a new target. [3:56:53] You created cannabis equity fund [3:56:55] for putting money into [3:56:58] communities run by exclusionary [3:56:59] tool kit. [3:57:01] Yet the sponsor voted against [3:57:02] the guarantee basic income [3:57:04] process which is funded by [3:57:06] cannabis grt revenue which will [3:57:13] be decreasing as a result of the [3:57:15] disclusionary on cannabis doors. [3:57:16] Please oppose this. [3:57:27] >> jonah followed by erica. [3:57:34] Erica, followed by jeff. [3:57:35] >> good evening, MADAM [3:57:38] PRESIDENT, councilors. [3:57:40] Albuquerque has generated over [3:57:44] $670 million in cumulative [3:57:45] economic activity from legal [3:57:49] cannabis sales since adult use [3:57:51] launched in APRIL of 2022. [3:57:54] Representing nearly 30% of new [3:57:55] mexico's total state market, the [3:57:56] city leveraged the industry into [3:57:58] a major driver for local [3:58:01] businesses, job creation, and [3:58:02] municipal infrastructure. [3:58:04] Please help us as an industry to [3:58:06] survive and thrive rather than [3:58:09] creating legislation that [3:58:12] continues the stigmamization of [3:58:14] a plant that is useful. [3:58:15] New mexico has the opportunity [3:58:17] to support the small business in [3:58:19] an industry that can bolster [3:58:21] tourism and health [3:58:21] opportunities. [3:58:24] You all are cutting us away from [3:58:26] more real estate opportunities [3:58:31] we already don't have. [3:58:32] Lumping us with nicotine and [3:58:36] vape stores makes no sense to me [3:58:37] either. [3:58:41] Please reconsider. [3:58:41] Vote no. [3:58:49] >> jeff followed by ian. [3:58:52] >> good evening, MADAM [3:58:53] PRESIDENT, council members. [3:58:55] I spoke the last time this bill [3:58:55] came up. [3:58:57] I'm not going to go over what I [3:58:59] said the last time. [3:59:01] I know -- I actually [3:59:02] represent -- I run the small [3:59:03] business for ten years now. [3:59:06] In the last year, I had to form [3:59:07] the small business coalition of [3:59:09] new mexico as well as the [3:59:11] consumer rights coalition of new [3:59:11] mexico. [3:59:12] Trying to protect consumer's [3:59:15] right to fair and free access to [3:59:16] products. [3:59:19] And also protect small business [3:59:20] owners in new mexico. [3:59:22] Just like myself, I put hundreds [3:59:24] of thousands of dollars into [3:59:26] businesses only to find the next [3:59:28] morning I wake up to some new [3:59:29] regulation or some law that [3:59:31] actually isn't helping to make [3:59:32] us thrive. [3:59:35] You create one industry or laws [3:59:36] that allow industries to thrive [3:59:38] but the next day there's a new [3:59:40] rule or regulation that makes us [3:59:42] want to leave the state. [3:59:44] I'm here to -- I really [3:59:46] appreciate the mayor's office [3:59:47] and some of the councilors met [3:59:50] with representatives of our [3:59:54] coalition to work out -- thank [3:59:54] you. [4:00:08] >> ian followed by alan. [4:00:26] Alan followed by tad. [4:00:30] >> MADAM PRESIDENT, members of [4:00:33] the council, there's an [4:00:36] ordinance that you want to close [4:00:38] out of this bill -- you want to [4:00:42] close smoke shops at 11 o'clock. [4:00:44] I understand the reason because [4:00:46] it's like five or six smoke [4:00:49] shops that are just terrible. [4:00:51] They have bad actors outside. [4:00:54] But you can take care of those [4:00:57] five or six smoke shops by doing [4:01:01] an ordinance that's noise -- [4:01:04] nuisance ordinance, and you [4:01:07] can't go around and close every [4:01:09] gas station at 10 o'clock. [4:01:11] We don't have the policing for [4:01:11] it. [4:01:12] There's no money in the bill to [4:01:13] police it. [4:01:16] You can't go to a circle k gas [4:01:19] station and maverick and smith's [4:01:21] to make sure this will is really [4:01:23] going to go through. [4:01:25] Lastly, you have enough time to [4:01:27] get rid of clusters of [4:01:30] dispensaries and smoke shops. [4:01:33] There are more smoke shops [4:01:34] closing than opening. [4:01:36] The free market is taking care [4:01:40] of this problem. [4:01:41] >>coun. Pe}a: thank you. [4:01:51] >> tad. [4:01:51] >> thank you. [4:01:57] My name is tad. [4:02:02] Well, here is -- back before [4:02:04] 1969, I love in chicago. [4:02:07] We have bars all over. [4:02:13] Almost on every corner. [4:02:17] now, when I move to albuquerque, [4:02:18] same ways. [4:02:20] Bars all over. [4:02:28] What's going on with bars? [4:02:32] What are they doing over there? [4:02:36] They're selling drug [4:02:38] paraphernalia for high price. [4:02:41] That is the picture. [4:02:45] You go to the smoke shops, [4:02:49] marijuana shops, no. [4:02:50] I doubt it. [4:02:52] I urge you to go over there and [4:02:54] check it. [4:02:59] And cops need to stay behind it. [4:03:04] And they put in low income [4:03:08] districts like the tower [4:03:08] downtown. [4:03:09] >>coun. Pe}a: thank you. [4:03:13] >> smoke shops. [4:03:13] Thank you. [4:03:15] >> that concludes comment. [4:03:16] Thank you. [4:03:17] >>coun. Pe}a: thank you. [4:03:18] We were back on the bill. [4:03:21] Before I go to councilors, I [4:03:23] will ask the sponsor if she's [4:03:24] like to move the floor amendment [4:03:26] first before we go to questions [4:03:29] or comments? [4:03:31] >>coun. Grout: thank you, MADAM [4:03:31] PRESIDENT. [4:03:34] We do have a committee amendment [4:03:34] to offer. [4:03:39] I will say, again, we worked [4:03:40] with the industry. [4:03:42] Spent some time with them. [4:03:45] And because we know -- I want to [4:03:47] start, also, by saying this has [4:03:52] nothing to do with me and my [4:03:52] morals. [4:03:54] This has nothing to do with me. [4:03:57] It has to do with the [4:03:57] administration. [4:04:00] This is the administration's [4:04:00] bill. [4:04:02] I am offering it by request. [4:04:03] We met with them. [4:04:05] We met with the industry. [4:04:07] We talked with them. [4:04:11] We went over things that we [4:04:16] could change that when this [4:04:19] industry as a whole came in and [4:04:20] went gangbusters. [4:04:24] We had so many everywhere. [4:04:26] And you never want to see a [4:04:27] business go out of business [4:04:29] because a lot of people invested [4:04:32] a lot in that. [4:04:33] That's their choice. [4:04:36] You also want to make sure that [4:04:40] whatever you can do to make it [4:04:41] work. [4:04:46] What we were finding is -- apd [4:04:49] is finding is sometimes there's [4:04:50] a cluster. [4:04:53] And it causes an issue. [4:04:55] We came together and we came up [4:04:58] with some changes. [4:05:01] I want to thank the industry for [4:05:04] working with us to come up with [4:05:06] these, and the administration. [4:05:08] We worked a lot on this. [4:05:11] It's not perfect. [4:05:15] But I think it's a good [4:05:18] compromise. [4:05:21] Can I ask our council staff to [4:05:26] go over it? [4:05:29] >> MADAM PRESIDENT, councilor [4:05:31] grout, thank you. [4:05:33] The amendment -- I'm talking [4:05:35] about the amendment. [4:05:36] The amendment that's in front of [4:05:40] you is changing some of the [4:05:43] things that were introduced at [4:05:44] the lupz. [4:05:46] Starting off with changing the [4:05:48] distance separation from [4:05:49] existing cannabis retail. [4:05:53] It changes that from 60 feet to [4:05:53] 99 [4:05:55] 990 feet. [4:05:58] The second amendment introduces [4:06:01] a distance correction of 990 [4:06:06] feet from existing retails. [4:06:09] The third amendment increases [4:06:11] the buffer distance from 330 [4:06:16] feet to 990 schools and daycare [4:06:16] centers. [4:06:17] >>coun. Champine: we're [4:06:18] discussing something that hasn't [4:06:26] been seconded. [4:06:28] >>coun. Grout: I'm sorry. [4:06:30] I would like to move floor [4:06:31] amendment one. [4:06:34] >>coun. Pe}a: there's a motion, [4:06:38] and a second by councilor [4:06:38] bassan. [4:06:39] >> I'll continue. [4:06:42] I was on the third amendment. [4:06:46] It talks about increasing buffer [4:06:47] distance from schools and [4:06:51] daycares from 60 feet to 990 [4:06:52] feet. [4:06:55] The fourth in the line is to be [4:06:58] consistent and reduces the [4:07:02] buffer from existing nicotine [4:07:06] retails from 1,000 to 9 [4:07:07] 90 feet. [4:07:09] The fifth one is being [4:07:12] consistent of introducing a [4:07:15] buffer distance of 990 feet from [4:07:19] existing cannabis retail. [4:07:23] And the last one is introducing [4:07:26] a -- increasing buffer distance [4:07:30] from 330 feet to 990 feet. [4:07:32] There's also an amendment to [4:07:34] increase the distance from [4:07:38] residential zone and lots [4:07:41] containing the unis from 550 to [4:07:42] 663 feet. [4:07:45] And also changing the timing of [4:07:49] existing businesses and [4:07:51] prohibiting these from 11:00 [4:07:54] P.M. To 7:00 A.M. [4:07:58] These are only for nicotine [4:07:58] shops. [4:08:04] It will not affect any small [4:08:05] accessory users that are there [4:08:07] in gas station or grocery [4:08:08] stores. [4:08:10] This will only affect nicotine [4:08:12] shops and cannabis retail. [4:08:18] I stand for any questions. [4:08:21] >>coun. Grout: thank you. [4:08:30] MAY I have -- councilor lewis. [4:08:31] >>coun. Lewis: thank you, MADAM [4:08:31] PRESIDENT. [4:08:33] Just a question for the [4:08:34] administration. [4:08:36] It sounds like this is the [4:08:37] administration's bill. [4:08:42] I guess I would ask where did it [4:08:44] orig [4:08:45] originate? [4:08:46] Did this come from the cannabis [4:08:49] retail industry to the [4:08:50] administration with [4:08:52] recommendations? [4:08:54] Or was this -- did this [4:08:57] orageinate within the [4:08:58] administration with consultation [4:09:00] of the cannabis industry? [4:09:04] Where did it begin? [4:09:05] >> MADAM PRESIDENT, councilor [4:09:09] lewis, I'll invite deputy chief [4:09:13] and deputy director aranda from [4:09:14] planning up. [4:09:16] They led in this work related to [4:09:17] both the analysis of our data [4:09:20] and the impacts we're seeing [4:09:22] related to clustering as well as [4:09:27] the discussions we've had with [4:09:33] industry. [4:09:35] >> MADAM PRESIDENT, councilors, [4:09:37] I'm here to talk about the [4:09:40] public safety and law [4:09:41] enforcement perspective on what [4:09:44] we're seeing realtime with [4:09:45] nicotine retailers and cannabis [4:09:46] shops. [4:09:48] I guess the best way to start [4:09:50] off -- actually, I'd like to [4:09:52] applaud councilor rogers and [4:09:56] echo the sentiment that she said [4:09:58] earlier about the shoes that are [4:10:01] thrown over power lines. [4:10:04] The way I interpret that is in [4:10:07] certain regions of our city when [4:10:10] shoe [4:10:12] shoes are thrown over [4:10:13] powerlines, that is a call you [4:10:15] can obtain illicit substances [4:10:17] that these locations. [4:10:19] I know she said that she's sick [4:10:20] of the filth. [4:10:23] I interpret that as she's sick [4:10:26] of crime and the criminal [4:10:27] element that is happening. [4:10:29] I would present to you in my [4:10:30] experience and obviously all of [4:10:33] the different calls for service, [4:10:35] enforcement, and data that I [4:10:36] have personally seen and [4:10:39] personally witnessed, when you [4:10:41] have a geographical area in our [4:10:43] city that has such a high [4:10:46] concentration of volume of [4:10:47] individuals -- I'm not here to [4:10:49] tell you it's the nicotine [4:10:52] retailers or cannabis shops that [4:10:54] is the sole reason why these [4:10:55] individuals are drawn to these [4:10:55] areas. [4:10:57] There's a whole bunch of other [4:10:59] factors that draws them to this [4:11:00] area. [4:11:02] Of course, there's outliers too. [4:11:04] There are different parts of [4:11:06] town where there are nicotine [4:11:07] retailers and cannabis shops [4:11:10] where we don't see these issues. [4:11:11] But in these concentrated areas [4:11:14] where we have large populations [4:11:16] of people congregating, like I [4:11:19] said, for whatever the different [4:11:21] variables that drew them to that [4:11:25] area, I know that they [4:11:26] congrauigate in front of [4:11:27] nicotine retailers. [4:11:29] To give you an example how it [4:11:32] affects public safety, we have [4:11:34] this concentration of people [4:11:37] where they can pretty much buy [4:11:40] all the articles they need to [4:11:42] use controlled substances. [4:11:45] Thus turning it into drug [4:11:46] paraphernalia. [4:11:48] It draws them in this area and [4:11:49] keeps them in this area. [4:11:52] We have drug traffickers that [4:11:54] know if they need to offload a [4:11:56] shipment of narcotics they can [4:11:58] go to the area and there will [4:11:59] always be individuals there [4:12:03] willing to buy. [4:12:05] When the drug traffickers are [4:12:07] making drug deals and it turns [4:12:09] bad, it turns to violent crime. [4:12:12] We have aggravated assaults and [4:12:13] robberies and homicides happen [4:12:15] in front of nicotine retailers. [4:12:17] In the event it does not turn [4:12:20] into a violent crime, then we [4:12:23] have situations where we have [4:12:26] pretty open-air drug use. [4:12:28] And another point that I bring [4:12:29] to that is at that point if it's [4:12:32] not law enforcement response, [4:12:34] I'd like to talk about how that [4:12:35] affects our department. [4:12:37] And we're also pulling resources [4:12:39] from community safety department [4:12:41] and albuquerque fire rescue. [4:12:46] I look at the amount of man [4:12:46] hours. [4:12:49] The time and officers it takes [4:12:51] to where when these officers are [4:12:53] driving by, they cannot turn [4:12:56] blind eye to open-air drug use. [4:12:58] They cannot turn a blind eye to [4:12:59] altercations that are turning [4:13:01] into aggravated assault. [4:13:02] They have to address that. [4:13:05] We call them on-site. [4:13:07] Proactive enforcement on-site. [4:13:09] I look at the volume of on-site, [4:13:11] particularly nicotine retailers, [4:13:13] in these concentrated [4:13:17] geographical areas, it takes up [4:13:21] a huge amount of resources. [4:13:24] That's just for the police [4:13:24] department. [4:13:26] I can't speak for exact numbers [4:13:28] for albuquerque fire rescue or [4:13:30] community safety, but again, [4:13:32] with the open-air drug use we [4:13:34] know it affects them because [4:13:36] they also do have to respond. [4:13:38] From a public safety standpoint, [4:13:39] obviously this is not going to [4:13:44] be the full fix to completely [4:13:47] eliminate crime and where we [4:13:48] have perfect public safety. [4:13:50] Any additional tools we can have [4:13:53] in the toolbox, whether it's the [4:13:54] distance between shops, whether [4:13:57] it's the timing to where once [4:14:00] that retailer is closed this [4:14:01] crowd of people isn't going to [4:14:03] be hanging out there and they [4:14:06] may be under the influence and [4:14:09] it turns into altercation that [4:14:11] turns into violent assault or [4:14:11] violent crime. [4:14:13] This is another tool for us to [4:14:14] combat that. [4:14:16] Obviously, on the police [4:14:19] department we are doing multiple [4:14:21] operations whether it's in the [4:14:23] nuisance front, covert [4:14:25] operations, overt, high [4:14:27] visibility patrol. [4:14:29] It's everyday work for us we're [4:14:30] willing to do. [4:14:33] Again, and feel with this [4:14:35] particular amendments that it [4:14:37] would -- like I said, it would [4:14:38] give us the additional tool in [4:14:42] the toolbox to keep public [4:14:45] safety. [4:14:46] >>coun. Lewis: MADAM PRESIDENT, [4:14:47] thank you, sir. [4:14:48] You described a pretty big [4:14:48] problem. [4:14:50] I can imagine the resources and [4:14:52] the challenges that the [4:14:54] department faces and certainly [4:14:56] afr faces as well in that [4:14:56] regard. [4:15:02] And as a community, we face. [4:15:06] This bill says that the problem [4:15:09] is these retailers. [4:15:11] The bill identifies the problem [4:15:16] as not the drug dealers, not the [4:15:19] people that are throwing shoes [4:15:22] over power lines, not the people [4:15:24] that are congregating in [4:15:25] different places. [4:15:28] This is a bill that says the [4:15:30] problem is a saturation of [4:15:36] cannabis retail stores and smoke [4:15:38] shops. [4:15:40] I know you gave a pretty good [4:15:41] description of all the [4:15:42] challenges, but you understand [4:15:44] that by supporting this bill and [4:15:46] saying this council needs to [4:15:48] support this bill, you're saying [4:15:50] that the problem is the retail [4:15:50] stores. [4:15:53] is that the case? [4:15:55] >> MADAM PRESIDENT, councilor [4:15:56] lewis, not entirely. [4:15:58] I understand your position. [4:15:59] It does make sense. [4:16:03] I think in totality, it's not [4:16:04] just the retailers. [4:16:06] It's not just the drug [4:16:07] traffickers. [4:16:08] It's not the area where, like I [4:16:10] said, there's several factors [4:16:12] that cause these individuals to [4:16:12] come there. [4:16:14] But when they're staying there, [4:16:16] we know where they're hanging [4:16:16] out. [4:16:18] I think in totality, it's [4:16:21] actually a combination of all of [4:16:22] the above. [4:16:24] I think as we look at each [4:16:28] causation factor, whether if it [4:16:29] is the drug traffickers or [4:16:32] retailers, by taking steps for [4:16:35] each of these root causes, [4:16:37] again, I think that will help us [4:16:40] in achieving public safety and [4:16:42] reducing the crime. [4:16:43] >>coun. Lewis: MADAM PRESIDENT, [4:16:45] sir, is it the nature of the [4:16:46] businesses? [4:16:47] We're not limiting the amount of [4:16:50] parks we have in this city. [4:16:52] Yet, there's people that [4:16:54] congregate in parks and commit [4:16:55] crimes. [4:16:56] So, is it the nature of these [4:17:01] types of businesses that are the [4:17:02] problem? [4:17:04] It's not -- for example, we [4:17:14] haven't pinpointed snowcone [4:17:14] restaurants. [4:17:17] It's the nature of the business, [4:17:17] correct? [4:17:19] >> MADAM PRESIDENT, councilor [4:17:20] lewis, if I understand your [4:17:23] question correctly, like I [4:17:27] stated earlier, I would consider [4:17:28] them outliers. [4:17:31] But there are nicotine retailers [4:17:32] in various parts of the city [4:17:35] that don't generate the type of [4:17:37] criminal element that we see. [4:17:40] Again, just for those reasons, [4:17:43] when we have -- especially in [4:17:45] several of the districts along [4:17:47] our central avenue corridor. [4:17:48] When we just have that [4:17:50] concentrated amount of people -- [4:17:54] just a high volume of people -- [4:17:57] these are the properties that we [4:17:58] have crime. [4:18:00] Violent crime and open-air drug [4:18:02] usage which leads to a myriad of [4:18:04] other issues. [4:18:05] Again, I don't know if that [4:18:08] answers your question, councilor [4:18:08] lewis. [4:18:09] >>coun. Lewis: I appreciate it, [4:18:09] MADAM PRESIDENT. [4:18:11] I appreciate it. [4:18:12] I think you're doing your best [4:18:13] to answer the question. [4:18:15] The answer is clear. [4:18:16] I think you guys identified the [4:18:20] nature of certain businesses. [4:18:22] I would -- I'm not disagreeing [4:18:22] with you. [4:18:23] I would argue some of the most [4:18:25] crime that happens in my [4:18:32] district is around several bars. [4:18:34] The most calls happen in that [4:18:37] few blocks around those areas. [4:18:39] There's a part of me that wants [4:18:41] to protect businesses and [4:18:44] people's ability to do in this [4:18:47] city that they're given a right [4:18:49] to do under state law to protect [4:18:51] people from being picked on. [4:18:53] In the same way I would five [4:18:54] metal businesses that have [4:18:57] legitimate businesses that are [4:18:59] retailers for certain [4:19:00] commodities and metals. [4:19:05] I do find it interesting also [4:19:07] that we're saying the smoke [4:19:10] shops a lot, yet this is a bill [4:19:13] that limits the cannabis retail [4:19:14] stores. [4:19:18] And my guess is that the [4:19:24] cannabis lobby is for this bill. [4:19:26] it sounds like it because [4:19:28] they're saturated and they know [4:19:30] they're saturated and it's [4:19:33] hurting their profits and [4:19:34] businesses. [4:19:36] So this is a way to do that. [4:19:38] When you come from a moral [4:19:40] standpoint, I'm falling on both [4:19:40] sides of this. [4:19:44] This is a bill -- I think it's [4:19:44] misrepresented. [4:19:47] I think even some in the public [4:19:49] here tonight feel like this is a [4:19:53] bill restricting the cannabis [4:19:54] industry, when in reality I [4:19:56] think they're behind it. [4:19:58] And they see this as an [4:20:00] advantage for this industry to [4:20:00] be stronger. [4:20:03] The ones that have the licenses [4:20:05] and have that ability, they're [4:20:06] going to get stronger when they [4:20:08] eliminate more and more [4:20:10] saturation and other competition [4:20:11] around them. [4:20:15] I do think we should be cloor -- [4:20:16] clear what this bill says the [4:20:16] problem is. [4:20:21] The bill says the problem is [4:20:23] cannabis and smoke shops that [4:20:27] are the problem for crime in our [4:20:28] city. [4:20:32] Again, I think I'm going to be [4:20:35] consistent with misguided bills [4:20:37] like this that actually go [4:20:38] after -- they identify the [4:20:40] problem as the retail stores. [4:20:43] Dwlng -- I think the problem is [4:20:44] the drug dealers and the crime [4:20:45] that happens and the behaviors [4:20:47] of the people that happen. [4:20:48] Not only around these shops but [4:20:50] bars and every other place [4:20:51] around our city. [4:20:55] Thank you, MADAM PRESIDENT. [4:20:56] >>coun. Pe}a: councilor baca. [4:20:57] >>coun. Baca: thank you, MADAM [4:20:57] PRESIDENT. [4:20:59] Just three quick things. [4:21:01] One, I got some sneakers hanging [4:21:03] from the power lines at 8th and [4:21:06] central if we can do something [4:21:08] about that. [4:21:10] Two, am I reading this [4:21:10] correctly? [4:21:13] The hour restrictions are only [4:21:17] for the nicotine and not the [4:21:17] cannabis? [4:21:20] That's the way I read it. [4:21:28] Or are they both being limited? [4:21:30] >> MADAM PRESIDENT, councilor [4:21:31] baca, in the amendment we're [4:21:35] talking about nicotine retail. [4:21:37] But it does summarize that the [4:21:41] cannabis retail is prohibited [4:21:44] between 11:00 P.M. To 7:00 P.M. [4:21:45] >>coun. Baca: okay. [4:21:47] My first thing was to make an [4:21:49] amendment to put cannabis as the [4:21:51] same hours as nicotine. [4:21:53] Separate from this bill, I had [4:21:54] cannabis retailers to reach out [4:21:56] to ask me to do something like [4:21:56] that. [4:21:59] There's a whole story behind [4:22:00] that. [4:22:01] This will put cannabis on the [4:22:04] same footing as nicotine, hours [4:22:04] wise? [4:22:05] >> yes. [4:22:07] >>coun. Baca: okay. [4:22:08] Thank you. [4:22:08] >>coun. Pe}a: vice PRESIDENT [4:22:09] Champine. [4:22:10] >>coun. Champine: thank you, [4:22:10] MADAM PRESIDENT. [4:22:16] Just a couple of quick things. [4:22:22] Dc, don't get me wrong. [4:22:26] Your explanation of what's going [4:22:28] on, I interpret it as shooting [4:22:29] fish in a barrel. [4:22:31] If you know where they are, and [4:22:35] you know they congregate in [4:22:39] these places on central, why [4:22:43] aren't prt teams hitting them [4:22:43] up? [4:22:47] I see you have a plan, you hit [4:22:48] these areas up. [4:22:49] You don't sit there. [4:22:50] I'm not pinpointing you. [4:22:53] yipe pinpointing the fact, if [4:22:56] you know where the crime is, hit [4:22:57] it up. [4:22:59] We shouldn't change a whole city [4:23:01] ordinance based on the fact of [4:23:01] that corridor. [4:23:14] I disagree [4:23:16] you should be, in your [4:23:18] explanation or definition, you [4:23:20] already know what the problem [4:23:21] is. [4:23:24] There are laws. [4:23:34] Conduct -- conduct -- the plume [4:23:38] of it is I'm torn. [4:23:41] I do agree to the high schoolers [4:23:42] that are here. [4:23:44] I agree that the buffer zone for [4:23:48] schools from 300 to 30 feet, [4:23:50] that's a city block. [4:23:52] I don't think a city block is [4:23:52] enough. [4:23:55] It presents a question, do you [4:23:56] do it three city blocks or four [4:23:58] city blocks? [4:24:00] Now we're pinpointing small [4:24:01] businesses in town. [4:24:05] I know there's a cvs next to [4:24:06] eldorado. [4:24:07] They sell cigarettes. [4:24:10] Are we going to go after big box [4:24:11] stores in that sense to say you [4:24:13] can't sell cigarettes so close [4:24:14] to a school? [4:24:17] I'm torn between the fact that [4:24:20] we should be, I think, expanding [4:24:26] the buffer zone around schools, [4:24:28] daycare, churches. [4:24:31] But I have a real big problem [4:24:32] with trying to say that the [4:24:35] store is the issue. [4:24:42] That if we expand the -- like [4:24:42] councilor lewis said, the [4:24:44] problem is criminals. [4:24:46] The problem isn't the stores. [4:24:48] The problem is the enforcement [4:24:51] of the criminals going on. [4:24:53] >> MADAM PRESIDENT, councilor [4:24:56] champine, would I be able to [4:24:58] provide commentary? [4:24:59] >>coun. Champine: please. [4:25:00] >> I completely understand what [4:25:02] you're saying. [4:25:04] I would point out that I did [4:25:07] personally look at data from [4:25:09] some big box stores and also [4:25:10] liquor stores. [4:25:12] There are big box stores that [4:25:15] have a high higher call volume [4:25:18] than nicotine retailers. [4:25:19] I look at the breakdown for what [4:25:21] the calls for service are. [4:25:23] Lot of them are shoplifting. [4:25:27] Lot are disturbances. [4:25:29] Versus, even though there's such [4:25:31] a high call volume, the rate of [4:25:33] violent crimes happening or [4:25:34] on-sites that take us out of [4:25:36] service to where we can't [4:25:39] respond to 911 calls because [4:25:43] we're doing that work, you [4:25:46] compare that to nicotine [4:25:48] retailers, even though retailers [4:25:51] MAY not have the same exact high [4:25:53] call volume, there's a [4:25:54] difference in the type of calls. [4:25:57] It's clear, clear as day, the [4:25:59] calls more at had nicotine [4:26:01] resellers in the areas I [4:26:02] described are violent crimes [4:26:05] that's happening. [4:26:06] Something I would also talk to [4:26:10] you about is prt -- I know you [4:26:11] experienced to back it up. [4:26:14] We're there every day. [4:26:17] We're seizing guns every day. [4:26:20] We're making felonious arrests [4:26:21] every day. [4:26:23] The way it's going now, that's [4:26:26] pretty much going to be every [4:26:27] day. [4:26:29] Again, I don't believe that this [4:26:31] is going to be the solve-all [4:26:32] tool. [4:26:33] This is just the additional tool [4:26:36] to help get us there for [4:26:40] long-term sustainable solution. [4:26:41] >>coun. Fiebelkorn: point of [4:26:43] order, are we still on the [4:26:44] amendment? [4:26:45] >>coun. Pe}a: yes. [4:26:45] >>coun. Champine: MADAM [4:26:47] PRESIDENT, I need to make a [4:26:48] motion, while I have the floor, [4:26:51] to suspend the rules. [4:26:54] To tengsd [4:26:57] extend the meeting until [4:26:58] midnight. [4:26:59] >>coun. Pe}a: second. [4:27:00] [Roll call]. [4:27:03] >>coun. Baca: no. [4:27:05] >>coun. Bassan: yes. [4:27:07] >>coun. Champine: yes. [4:27:09] >>coun. Fiebelkorn: yes. [4:27:11] >>coun. Grout: yes. [4:27:14] >>coun. Lewis: yes. [4:27:16] >>coun. Rogers: no. [4:27:18] >>coun. Telles: yes. [4:27:19] >>coun. Pe}a: yes. [4:27:22] >> passes on a 7-2 vote. [4:27:23] >>coun. Champine: back to my [4:27:23] point. [4:27:25] Thank you for that. [4:27:29] I see what you're saying. [4:27:31] How do we -- anything that can [4:27:33] help us solve this or help in [4:27:37] solving crime is a benefit. [4:27:39] I don't think this is the right [4:27:40] direction. [4:27:41] I think there's another way of [4:27:41] doing it. [4:27:44] I think we should explore that, [4:27:46] then go after [4:27:51] I think we should explore that [4:27:52] rather than go after small [4:27:53] businesses. [4:27:54] >>coun. Rogers: I'm going to ask [4:27:55] my questions before we get to [4:27:58] the discussion on the bill. [4:27:59] In the explanation of the [4:28:03] amendment it says it adds [4:28:04] restriction for nicotine and [4:28:06] other primary locations. [4:28:08] It doesn't mention cannabis in [4:28:09] the explanation. [4:28:10] I know I heard councilor grout [4:28:11] say that -- what is the [4:28:13] restriction for cannabis for [4:28:13] hours? [4:28:14] They have to close by what time [4:28:19] now? [4:28:20] >> MADAM PRESIDENT, councilor [4:28:23] rogers, they have to close by [4:28:25] 11:00 P.M. [4:28:27] >>coun. Rogers: thank you. [4:28:29] Is that in a different ordinance [4:28:32] or we're adding it in this [4:28:32] amendment? [4:28:34] The explanation threw me off. [4:28:37] It says it adds it for nicotine [4:28:39] retailers and other retail [4:28:40] locations. [4:28:42] I just want to make sure -- I'm [4:28:42] tired. [4:28:43] That's why I vote no. [4:28:44] My brain shuts off. [4:28:47] I just want to make sure. [4:28:50] >> MADAM PRESIDENT, councilor [4:28:53] rogers, it's separately in the [4:28:55] rules that govern the cannabis [4:28:56] retail businesses. [4:29:00] It is not part ido, but the only [4:29:02] language part of the ido is [4:29:03] nicotine retail. [4:29:04] >>coun. Rogers: that's not in [4:29:07] our ido, but part of the state [4:29:12] law they have to close by 11:00 [4:29:17] P.M.? [4:29:19] P.M.? [4:29:22] >> MADAM PRESIDENT, it's a set [4:29:24] of rules promulgated by the [4:29:26] planning department in 2022 [4:29:33] after the state law was enacted. [4:29:34] >>coun. Rogers: thank you. [4:29:38] >>coun. Pe}a: we are back on the [4:29:38] amendment. [4:29:40] Committee amendment number one. [4:29:44] Councilor grout to close. [4:29:47] >>coun. Grout: thank you for the [4:29:47] discussion. [4:29:52] I know this is a tough one. [4:29:57] Apd, afr, acs, public safety [4:29:58] department, they asked for these [4:29:59] things. [4:30:00] Again we worked with the [4:30:01] industry. [4:30:03] And we came up with these to [4:30:04] compromise for all of these. [4:30:08] We want to make sure that they [4:30:10] are the same distances and so [4:30:10] forth. [4:30:12] and they are under a thousand [4:30:12] feet. [4:30:15] I urge your support. [4:30:20] [Roll call]. [4:30:23] >>coun. Baca: yes. [4:30:25] >>coun. Bassan: yes. [4:30:28] >>coun. Champine: no. [4:30:31] >>coun. Fiebelkorn: no. [4:30:33] >>coun. Grout: yes. [4:30:35] >>coun. Lewis: no. [4:30:38] >>coun. Rogers: yes. [4:30:40] >>coun. Telles: no. [4:30:41] >>coun. Pe}a: no. [4:30:47] >> fails on a 4-5 vote. [4:30:48] >>coun. Pe}a: we're back on the [4:30:49] bill. [4:30:51] It was not amended. [4:30:52] Is that the last amendment, [4:30:53] councilor grout? [4:30:54] Yes, it is. [4:30:57] We're back on the bill. [4:31:00] Do we have any questions from [4:31:00] councilors? [4:31:01] Councilor fiebelkorn. [4:31:03] >>coun. Fiebelkorn: thank you, [4:31:04] MADAM PRESIDENT. [4:31:05] Unfortunately, I asked a lot of [4:31:07] these questions at the [4:31:09] hearing -- the committee hearing [4:31:11] where this bill was killed. [4:31:14] And didn't get any answers. [4:31:15] I'm going to have to ask them [4:31:16] all again here. [4:31:17] This could have been solved. [4:31:19] I was promised a lot of data at [4:31:20] that committee meeting. [4:31:23] Not a single thing in the seven [4:31:25] and a half weeks since I was [4:31:26] promised this information have I [4:31:28] received any information. [4:31:32] So, we're going to start from [4:31:32] scratch. [4:31:36] I am curious why -- I totally [4:31:38] understand the distance [4:31:41] separation for church s [4:31:42] es and [4:31:44] things like that. [4:31:45] What this bill does that is [4:31:47] completely new to our entire [4:31:49] system of regulations for the [4:31:51] city of albuquerque is it says [4:31:54] one kind of business can't be [4:31:57] near a completely unrelated [4:32:01] different kind of business. [4:32:02] Just to say that again. [4:32:05] It is saying one business cannot [4:32:08] be near a completely different [4:32:10] type of business. [4:32:13] It's like saying, you can't have [4:32:16] a gym near a fastfood joint. [4:32:18] I wouldn't propose that, even [4:32:19] though it would be helpful to [4:32:20] me. [4:32:23] Because what I think -- what my [4:32:24] morals are don't matter. [4:32:26] And when I ask these questions [4:32:27] at the last committee meeting, [4:32:29] why this was coming forward, the [4:32:30] answer we heard loud and strong [4:32:31] from the administration is [4:32:33] because we said so. [4:32:36] And that is not a legitimate [4:32:40] reason to regulate anybody in [4:32:41] our city. [4:32:43] I'm going to ask again. [4:32:47] Why have we chosen these two [4:32:48] types of business to require [4:32:50] that they can't be near each [4:32:56] other, which really means that a [4:32:58] cigar shop, which I've never [4:33:00] heard problems with a cigar [4:33:02] shop, can't be located near a [4:33:05] cannabis shop. [4:33:06] Different clientele. [4:33:10] I can tell you, I go to cannabis [4:33:11] shops. [4:33:14] My parent goes to cigar shops. [4:33:16] They're not the same people. [4:33:18] Rather than choosing bars or [4:33:22] liquor sales, why have we chosen [4:33:25] cannabis retail and tobacco [4:33:29] retail? [4:33:33] >> MADAM PRESIDENT, councilor [4:33:35] fiebelkorn, [4:33:36] -- [4:33:42] >>coun. Fiebelkorn: my name is [4:33:42] fiebelkorn. [4:33:44] >> what we have looked at is [4:33:45] concentration for calls of [4:33:45] services. [4:33:47] when we look at concentration of [4:33:50] types of businesses that are in [4:33:52] close proximity, the discussion [4:33:56] we had is not necessarily [4:33:57] causation but correlation. [4:33:59] The mapping of the crime and cad [4:34:02] data we looked at indicates that [4:34:04] when you have two types of [4:34:07] businesses that are already [4:34:07] regulated [4:34:08] regulated. [4:34:10] Nicotine is regulated through [4:34:12] ido and cannabis through rule 19 [4:34:13] in state law. [4:34:18] We can see the correlation of [4:34:20] that in density in locations. [4:34:22] This is not targeting in a way [4:34:25] that is intended based upon the [4:34:29] individual folks that are using [4:34:31] these businesses for lawful use [4:34:33] and the types of activities that [4:34:35] you're describing. [4:34:37] What we're talking about is the [4:34:40] type of activities we know are [4:34:42] occurring in this business. [4:34:44] The paraphernalia and other [4:34:45] items utilized for other types [4:34:48] of use that are not the original [4:34:49] intended use of these [4:34:50] businesses. [4:34:51] This is not related to [4:34:54] businesses that are not nicotine [4:34:57] primary businesses as well. [4:35:00] To the question around cvs and [4:35:01] others. [4:35:02] There are specific rules that [4:35:04] put a husband into that kaality [4:35:12] . [4:35:13] >>coun. Fiebelkorn: I am aware [4:35:14] this does not affect large [4:35:14] businesses. [4:35:16] We would never pass an ordinance [4:35:19] in our city that would say, hey, [4:35:25] cvs, walgreen's, chevron, [4:35:28] smith's, you can't sell tubalk [4:35:28] obacco [4:35:29] tobacco. [4:35:30] We wouldn't do that because [4:35:31] they're big business and you [4:35:33] wouldn't want to hurt them. [4:35:37] but we don't have a problem [4:35:39] passing something like this that [4:35:40] is going to hurt almost [4:35:43] exclusively small, locally owned [4:35:43] businesses. [4:35:46] I can tell you and I can pick in [4:35:49] erica because she's here. [4:35:51] I'm telling you nothing bad is [4:35:53] happening in that shop. [4:35:56] There's no crimes happening. [4:35:57] It was a lovely day. [4:36:03] Thank you for the tour. [4:36:06] We're punishing erica as a small [4:36:10] business owner because we think [4:36:11] there's correlation, and [4:36:13] correlation is not causation. [4:36:18] I appreciate if we stop saying [4:36:21] correlation is causation. [4:36:23] We should all take a statistics [4:36:24] class. [4:36:26] I haven't heard data. [4:36:31] I heard you had data but haven't [4:36:33] seen it. [4:36:36] I asked for it seven weeks ago. [4:36:38] I have not seen it in seven [4:36:39] weeks. [4:36:41] I have not seen a problem with [4:36:45] data being linked with cannabis [4:36:46] stores near a cigar store. [4:36:49] That is unfortunate. [4:36:52] I also asked seven and a half [4:36:54] weeks ago about the use of [4:36:55] nuisance ordinance. [4:36:58] We have an ordinance in place [4:37:01] that deals with problem [4:37:02] properties. [4:37:05] What I heard commander talking [4:37:09] about is there are a few places [4:37:12] where there are congregations of [4:37:12] people. [4:37:14] I didn't hear proof that it was [4:37:15] one of these stores. [4:37:16] But there are congregations of [4:37:20] people that are causing [4:37:21] problems. [4:37:22] And I believe that is the reason [4:37:25] we have a nuisance ordinance. [4:37:27] A nuisance property ordinance. [4:37:30] I asked for details seven and a [4:37:32] half weeks ago on how many times [4:37:35] has that nuisance ordinance been [4:37:38] used to go after a problem [4:37:43] cannabis store or cigar store or [4:37:44] tobacco store. [4:37:45] Again, haven't received [4:37:45] anything. [4:37:47] I have to assume that data does [4:37:49] not exist because why else would [4:37:51] you not share for seven and a [4:37:53] half weeks? [4:37:55] I do have one question for the [4:37:57] council sponsor. [4:37:58] You mentioned you worked with [4:37:58] industry. [4:38:00] Can you tell us who you worked [4:38:00] with? [4:38:03] I've gotten lots of letters, [4:38:05] including the cannabis [4:38:06] association of new mexico that [4:38:08] said they were not worked with. [4:38:10] I'm curious if you can give us a [4:38:13] list of who was at those [4:38:13] meetings? [4:38:16] >>coun. Grout: MR. Jeff apodaca [4:38:17] was there. [4:38:22] I worked with him. [4:38:25] >>coun. Fiebelkorn: I appreciate [4:38:25] that. [4:38:27] We did all receive a letter from [4:38:29] the cannabis association of new [4:38:29] mexico. [4:38:31] Which is the actual industry [4:38:35] that is representing cannabis [4:38:36] retail. [4:38:39] And they are adamantly opposed [4:38:42] to this proposal. [4:38:44] I don't know that we have a [4:38:45] tobacco association. [4:38:47] I did look around for one. [4:38:48] I couldn't find one. [4:38:51] I can pretty much guarantee they [4:38:53] would also be in opposition to [4:38:55] this because it seems like we [4:38:58] have chosen these two industries [4:39:00] to be the evil devil that is [4:39:01] causing all of our problems in [4:39:02] our city. [4:39:03] I just do not believe that is [4:39:04] the case. [4:39:07] Given, seven and a half weeks [4:39:09] and apd, planning department, [4:39:10] the administration, they've had [4:39:12] lots of time to call all the [4:39:13] councilors and lobby pretty hard [4:39:15] on this bill. [4:39:17] But they haven't had time to [4:39:20] gather data and share with us. [4:39:22] I think that is very [4:39:23] unfortunate. [4:39:25] I wanted to talk a little bit [4:39:27] about the paraphernalia that I [4:39:31] guess you can buy from cannabis [4:39:31] stores. [4:39:32] Or perhaps cigar store. [4:39:36] I don't know if there's anything [4:39:38] for sale in a cigar store. [4:39:40] I believe there's also things in [4:39:42] smith's that could be used for [4:39:44] paraphernal [4:39:45] paraphernalia. [4:39:46] Again, we're not going after [4:39:48] large businesses. [4:39:52] We're only targeting small, [4:39:54] locally owned businesses because [4:39:56] someone in the administration [4:39:57] decided these types of [4:39:59] businesses aren't good. [4:40:00] Now, there are businesses out [4:40:04] there that have a real problem. [4:40:06] I believe and commander, if you [4:40:08] have different data, everything [4:40:12] I ever read and asked about, the [4:40:15] number one cause of problems [4:40:18] with violence, with theft, with [4:40:21] robbery, with drunk driving, are [4:40:25] all from bars, and retail [4:40:26] alcohol sales. [4:40:29] I noticed that none of that is [4:40:30] included in this bill. [4:40:34] We have not decided they're bad. [4:40:34] Someone in the administration [4:40:36] doesn't like the way smoke shops [4:40:38] look and the way cannabis stores [4:40:38] look. [4:40:41] I think that is really a [4:40:42] dangerous sliply slope when [4:40:46] you're looking at how to [4:40:47] regulate our city. [4:40:51] Our regulatory structure is [4:40:52] supposed to help the citizens of [4:40:54] albuquerque and we're supposed [4:40:55] to help small businesses. [4:40:57] Rather than doing that, we're [4:41:00] looking for a bogeyman and we're [4:41:01] saying your cannabis staff is [4:41:04] that bogeyman. [4:41:06] Again, we have zero other [4:41:08] examples anywhere in our [4:41:11] regulatory structure in the [4:41:13] city -- anywhere, that says one [4:41:16] business type can't be next to [4:41:18] another business type. [4:41:20] Of course we have school [4:41:22] separations and things like [4:41:24] that, but this bill is a [4:41:25] solution to a problem that is [4:41:27] made up by the administration [4:41:28] because they don't like cannabis [4:41:31] stores and they don't like smoke [4:41:31] shops. [4:41:33] I'm here to say I like cannabis [4:41:34] stores. [4:41:36] I like smoke shops. [4:41:37] I don't like cigar stores, but [4:41:38] I'm certainly not going to try [4:41:40] to use my power to make sure [4:41:44] that they go away. [4:41:46] Thank you. [4:41:46] >>coun. Pe}a: councilor rogers. [4:41:48] >>coun. Rogers: thank you, MADAM [4:41:49] PRESIDENT. [4:41:50] I think as the council district [4:41:53] that you can look at the data [4:41:55] has the highest concentration of [4:41:58] smoke-vape shops and cannabis [4:42:00] shops, for my district she is [4:42:01] absolutely something we need to [4:42:02] figure out. [4:42:04] I don't know that this gets to [4:42:04] that. [4:42:06] In my district, I've asked for [4:42:09] help from our law enforcement [4:42:10] partners, specifically on some [4:42:12] of the ones we know are hot [4:42:12] spots. [4:42:14] I'm a person that wants to get [4:42:16] to the root cause of the issue. [4:42:18] I don't think it's the business [4:42:18] type. [4:42:21] For my district, I took myself [4:42:22] into some of these smoke shops [4:42:25] and literally walked around, [4:42:28] looked for myself what was going [4:42:28] on. [4:42:30] What I found is in the ones that [4:42:32] are hot spots in our district, [4:42:35] they're allowing folks to use [4:42:38] ebt to purchase smoke products [4:42:39] and paraphernalia. [4:42:44] I witnessed it with my own eyes. [4:42:45] I was able to get help. [4:42:49] I want to shout out ben baker [4:42:51] from the governor's office who [4:42:53] worked with me for human [4:42:55] services to do a sting [4:42:55] operation. [4:42:57] In those smoke shops, two out of [4:42:59] the three in my district were [4:43:02] absolutely found using -- [4:43:09] letting people illegally use [4:43:09] ebt. [4:43:12] They have since gotten their ebt [4:43:13] privileges revoked. [4:43:19] You have seen a major difference [4:43:22] difference -- deputy chief, [4:43:25] we've seen a huge difference and [4:43:28] a decrease in the activity in [4:43:30] front of these smoke shops [4:43:31] because people can no longer [4:43:33] commit ebt fraud. [4:43:36] And that's why these businesses [4:43:37] were hot spots and continue to [4:43:38] be hot spots. [4:43:40] I would like us to keep working [4:43:43] on the root causes of the issue. [4:43:45] And getting those particular [4:43:50] business owners that are doing [4:43:52] those things held accountable [4:43:56] and not all cannabis and all [4:43:57] nicotine shops. [4:43:59] Because that is what is really [4:44:00] going to help us. [4:44:03] Trust me, I would love to see [4:44:07] some of these places close at [4:44:08] 11:00 o'clock. [4:44:10] I'm with law enforcement on [4:44:10] that. [4:44:11] I would love to see that. [4:44:13] But to councilor fiebelkorn's [4:44:15] point, if we're not going to do [4:44:18] that across the board for all [4:44:20] businesses that sell nick [4:44:21] otine [4:44:24] and alcohol and cannabis, just [4:44:29] like withdrew my amendment for [4:44:30] the other one, I don't think [4:44:33] this is not the right way to do [4:44:33] it. [4:44:35] For me and my district, it's [4:44:37] about getting to the root cause [4:44:38] of the issue. [4:44:40] And working with our partners at [4:44:42] the state to shut those things [4:44:44] down. [4:44:45] This doesn't get to that root [4:44:46] cause. [4:44:47] I do want them separated and all [4:44:48] the things. [4:44:50] But I think we should do it [4:44:52] across the board and treat all [4:44:54] the businesses same rather than [4:44:57] just one or the other. [4:45:00] Thank you. [4:45:02] >>coun. Baca: thank you, MADAM [4:45:02] PRESIDENT. [4:45:05] We're not hitting the root cause [4:45:06] oftentimes. [4:45:09] I wish I could get rid of all [4:45:09] guns. [4:45:11] If we get rid of guns, we'll [4:45:12] stop gun violence. [4:45:13] Not going to happen. [4:45:15] We have to regulate it other [4:45:15] ways. [4:45:22] Just like everything else, it's [4:45:32] a zoning question. [4:45:33] Councilor lewis, I totally [4:45:34] respect his position. [4:45:37] He also doesn't have metal [4:45:38] recyclers down the road and [4:45:40] doesn't have cannabis down the [4:45:40] road. [4:45:41] He doesn't get all the calls [4:45:43] that district two gets regularly [4:45:44] about this. [4:45:47] Just like everything else, good [4:45:48] actors will be grandfathered in. [4:45:50] They be fine if they're good [4:45:50] players. [4:45:51] They're still going to be here [4:45:53] five or ten years from now. [4:45:54] This is just working toward the [4:45:55] future and working toward fixing [4:45:57] a problem that does exist. [4:46:01] We know it exists. [4:46:03] This isn't the perfect solution [4:46:04] by any means. [4:46:07] Where was reached out to by [4:46:09] cannabis industry, asking for [4:46:10] hours to be curtailed because [4:46:13] they couldn't do it themselves. [4:46:15] To me, that's surprising, but [4:46:15] that's real. [4:46:18] For those of us who live in [4:46:19] districts that have to deal with [4:46:20] all these problems regularly, [4:46:24] it's a step in the right [4:46:25] direction. [4:46:25] Thank you. [4:46:26] >>coun. Pe}a: councilor telles. [4:46:28] >>coun. Telles: thank you, MADAM [4:46:28] PRESIDENT. [4:46:30] DR. Sengel, I just have a couple [4:46:33] follow-up questions regarding [4:46:38] our concentration for calls of [4:46:39] service. [4:46:41] When you were reviewing the [4:46:43] calls of service data, was it [4:46:46] equally reliable across the [4:46:47] neighborhoods or did some areas [4:46:50] get more patrol presence and [4:46:52] thus generate more calls [4:46:53] independent of actual [4:46:56] conditions? [4:46:58] >> MADAM PRESIDENT, I want to [4:47:00] actually defer to either our [4:47:03] executive director of public [4:47:05] safety or deputy chief so they [4:47:09] can technically answer that [4:47:16] question. [4:47:18] >> MADAM PRESIDENT, councilor [4:47:19] telles, can you rephrase the [4:47:20] question for me? [4:47:21] >> yeah. [4:47:23] I just want to know if you're [4:47:25] referring to concentration of [4:47:28] calls for service, how are you [4:47:33] making sure that it is equally [4:47:35] reliable across neighborhoods? [4:47:36] Per capita. [4:47:38] do some areas get some more [4:47:40] patrol presence and because of [4:47:44] that generate more calls [4:47:47] independent of the actual [4:47:49] business use and matters [4:47:50] happening in the area? [4:47:52] >> when we're looking at the [4:47:55] overall data, we're looking at [4:47:58] specific to what those calls for [4:47:58] service were. [4:48:00] Some of these cases, they could [4:48:01] have been the actual business [4:48:03] themselves looking at it as a [4:48:04] victim. [4:48:05] We have to look through all [4:48:08] those calls and decipher what it [4:48:09] is that they're requesting and [4:48:11] what kind of services they're [4:48:12] asking from apd. [4:48:14] When we looked at all that data [4:48:16] collect frbly is when we started [4:48:20] to see what's been rev [4:48:21] ferenced as [4:48:22] hot spots. [4:48:24] Looking at it, and it goes back [4:48:26] to something that councilor [4:48:28] champine said, you kind of know [4:48:30] what are the areas that are [4:48:31] causing the situation. [4:48:32] You have different resources and [4:48:33] tools. [4:48:34] I think when we're looking at [4:48:35] these calls for services [4:48:37] specific to these areas we [4:48:38] already any there's issues and [4:48:39] concerns. [4:48:41] It's not a mystery to any of us [4:48:42] that we're responding to an area [4:48:43] that needs to be addressed. [4:48:45] We're looking at those specific [4:48:47] calls across the city, not just [4:48:48] in the specific area, but there [4:48:50] are certain areas impacted more. [4:48:52] More so when we're talking about [4:48:53] specific districts. [4:48:54] When we're looking at calls for [4:48:56] service, we're looking also for [4:48:58] correlation between the type of [4:48:59] activity that is happening, and [4:49:01] where it is that we're [4:49:01] responding to. [4:49:05] And we're correlating those [4:49:05] things. [4:49:07] We're not saying there's a [4:49:09] causation, there's just emphasis [4:49:11] into the types of calls we're [4:49:13] responding into the specific [4:49:14] areas. [4:49:15] >>coun. Telles: thank you, MADAM [4:49:18] PRESIDENT and director. [4:49:25] How, then, did you address the [4:49:26] measurement bias of those [4:49:30] independent conditions? [4:49:32] What were the distributional [4:49:33] effects there? [4:49:35] Who lived in the zones that were [4:49:36] being restricted? [4:49:38] Who benefits from that type of [4:49:38] restriction? [4:49:40] I'm just trying to figure out [4:49:42] when you reviewed your data, did [4:49:47] you account for any potential [4:49:48] dis [4:49:49] disproportional impacts on low [4:49:52] income residents, renters, [4:49:56] demographic groups when you were [4:49:58] excluding or including certain [4:49:59] populations? [4:50:01] >> MADAM PRESIDENT, councilor [4:50:02] telles, no. [4:50:03] We're really responding to what [4:50:07] the activity is of those calls. [4:50:09] That would be across the board. [4:50:11] We didn't respond to any call or [4:50:14] community regardless of who it [4:50:17] is putting the sols [4:50:18] calls. [4:50:20] It's the same manner regardless [4:50:26] of the call set out. [4:50:27] >>coun. Telles: that's very [4:50:28] helpful. [4:50:29] The data wasn't full a measured. [4:50:32] If the goal is public safety, [4:50:35] why is zoning -- why is [4:50:37] restriction the chosen lever [4:50:41] here rather than public safety [4:50:41] tools? [4:50:43] Like more patrol allocation, [4:50:46] more lighting, more code [4:50:47] enforcement, more essential [4:50:48] services. [4:50:49] I know you have a proactive [4:50:50] response team. [4:50:53] Are they being called out to [4:50:55] these response teams? [4:50:56] I'm in close conversations with [4:50:58] the officers in the southwest [4:51:00] area command and northwest area [4:51:01] command because my district [4:51:03] doesn't have an area command. [4:51:07] We do have a cute little place [4:51:10] where you can -- if you need to [4:51:12] report something you can go to [4:51:14] our office off of ouray. [4:51:16] I digress. [4:51:18] What I'm trying to say is I know [4:51:21] that unlike the northwest area [4:51:24] command, I have six officers in [4:51:26] that area that between MAY 1st [4:51:35] and JULY 31st had 950 calls. [4:51:37] To councilor champine's point of [4:51:39] having a point to do this, you [4:51:42] have a response team, but I'm [4:51:44] not sure that any of our other [4:51:46] officers can take on much more [4:51:47] capacity. [4:51:51] Again, if public safety is the [4:51:53] goal, why zoning? [4:51:55] It doesn't seem that the policy [4:51:59] here fits the problem. [4:52:02] We're using -- we're trying to [4:52:07] fit a swear block into a round [4:52:09] round -- thank you. [4:52:13] It doesn't make sense to me. [4:52:15] I think restrictive based zoning [4:52:18] has been the most consistent [4:52:21] finding in various types of [4:52:23] literature that is against using [4:52:26] restrictive zoning as a crime [4:52:27] reduction tool. [4:52:31] There's no studies that find [4:52:34] that it actually works. [4:52:36] So, I want public safety. [4:52:38] That's a big reason why I was [4:52:40] pushing to try to use some of [4:52:43] our apd dollars from recruitment [4:52:48] to go toward violence prevention [4:52:51] and more patrol allocations and [4:52:52] more social services and more [4:52:54] code enforcement. [4:52:58] i just don't think zoning a land [4:53:02] use tool is proper policy fit [4:53:04] for the problem you're trying to [4:53:05] solve here. [4:53:08] Thank you for clarifying on how [4:53:12] your data was being reviewed. [4:53:14] >> MADAM PRESIDENT, if I MAY? [4:53:15] I think it would be helpful if [4:53:17] we showed the overall map where [4:53:19] we had the calls. [4:53:23] If we could display that, for [4:53:25] the dc to walk over where these [4:53:27] calls are and these hot spots [4:53:28] we've been talking about. [4:53:30] I think it would be helpful. [4:53:34] >>coun. Pe}a: that would be [4:53:46] good. [4:53:47] >> MADAM PRESIDENT, councilors, [4:53:49] the data that you're seeing in [4:53:51] front of you is our calls for [4:53:55] service for a rolling year. [4:53:58] And my understanding is as the [4:54:00] shapes increase in size, that's [4:54:02] the increase in volume of [4:54:03] different calls. [4:54:05] I would also state to you, like [4:54:08] to councilor telles's point, [4:54:10] like I talked about earlier, [4:54:12] when we have different [4:54:13] geographical regions of the [4:54:16] city, there are different [4:54:20] factors such as low lower income [4:54:21] real estate. [4:54:24] Whether it's motels or social [4:54:25] services that have brought [4:54:26] individuals to the area. [4:54:29] That obviously is bringing those [4:54:31] people to the area. [4:54:34] Since we see that concentration [4:54:37] of people, you can clearly see, [4:54:40] especially in district six, we [4:54:44] have a higher call volume at [4:54:46] these nicotine retailers. [4:54:48] And breaking down what the [4:54:49] actual calls are compared to [4:54:51] other areas of the city, that's [4:54:53] where we see the trend of all of [4:54:59] our proactive enforcement to [4:55:00] vice PRESIDENT Champine's point [4:55:02] is we're there every day making [4:55:02] arrests. [4:55:05] Our prt is there every day. [4:55:07] It's not stopping for us. [4:55:10] Compared to other areas of the [4:55:14] city, you can see that these [4:55:16] particular regions that are [4:55:19] increasing the call for service [4:55:22] us -- for us. [4:55:23] >>coun. Pe}a: councilor telles. [4:55:24] >>coun. Telles: thank you, MADAM [4:55:25] PRESIDENT. [4:55:27] Thank you, dc. [4:55:28] Here's my question. [4:55:30] If we removed that tomorrow. [4:55:32] Let's just say tomorrow we [4:55:34] snapped our fingers and we [4:55:37] removed nicotine shops were -- [4:55:42] all problem shops that relate to [4:55:44] increased, you know, call [4:55:46] volume, is there evidence that [4:55:47] calls would drop? [4:55:51] Or would they just shift to the [4:55:54] next most visible property [4:55:54] problem area? [4:55:57] If we restrict this on nicotine [4:56:01] shops and cannabis shops, are [4:56:03] those calls going to drop, or [4:56:05] are they just going to shift to [4:56:06] the next business? [4:56:09] Is it going to shift to bars? [4:56:12] Is it going to shift to whatever [4:56:14] other type of business that's [4:56:16] the most visible and vulnerable? [4:56:18] And are we going to have to come [4:56:20] back here and see we're still [4:56:22] seeing calls here and it didn't [4:56:24] work so we need to restrict [4:56:28] other businesses and zoning? [4:56:30] I just want to know when are we [4:56:33] going to actually create policy [4:56:35] that fits the problem. [4:56:37] Because a land use tool is not [4:56:41] the right lever for public [4:56:41] safety. [4:56:45] It's investing in public safety [4:56:47] reduction, not tearing down [4:56:48] business owners. [4:56:52] I would actually be willing to [4:56:54] subsidize security cameras for [4:56:55] some of these businesses. [4:56:58] that's a public safety tool that [4:57:00] has been actually proven to [4:57:03] reduce these type of calls. [4:57:08] I just don't believe that -- I [4:57:10] believe you're getting calls. [4:57:11] But I don't know that the ratio [4:57:16] of these calls are necessarily [4:57:19] necessarily -- again, it's the [4:57:22] correlation versus causation. [4:57:23] Is it because they're just [4:57:25] elevated for other reasons, [4:57:29] poverty, density, foot traffic? [4:57:31] It's not the right policy fit to [4:57:33] solve the problem. [4:57:37] >> MADAM PRESIDENT, councilor [4:57:41] telles, I can respond. [4:57:43] I understand your point, but I [4:57:46] definitely would point out it [4:57:48] depends on -- you're asking [4:57:50] like, well, if you get rid of it [4:57:52] is the crime just going to go to [4:57:54] a different business. [4:57:55] Each business has its own [4:57:57] particular set of crimes. [4:57:59] We've seen with our retailers [4:58:01] where theft is the number one [4:58:02] issue. [4:58:03] We've seen with our cell phone [4:58:05] stores or other small [4:58:06] businesses, especially in the [4:58:08] northeast rights, burglary is [4:58:09] our issue. [4:58:10] I have personally seen the calls [4:58:13] for service data where I pull [4:58:14] statistic for six different [4:58:16] liquor stores, there were no [4:58:17] calls for service. [4:58:19] I'm sure bars, you're going to [4:58:21] sigh fights and disturbances and [4:58:23] DWIs. [4:58:25] But each particular genre of [4:58:26] business, if that's the right [4:58:28] term, has their own set of [4:58:30] crimes, unfortunately. [4:58:32] With this particular nicotine [4:58:34] retailers and cannabis locations [4:58:36] where they're densely populated, [4:58:38] the types of crime I'm seeing is [4:58:41] violent crimes and open-air drug [4:58:46] use such that pulls so much [4:58:48] resources every day from [4:58:49] community safety, albuquerque [4:58:53] fire rescue and apd. [4:58:53] >>coun. Pe}a: councilor [4:58:54] fiebelkorn. [4:58:55] >>coun. Fiebelkorn: thank you, [4:58:55] MADAM PRESIDENT. [4:58:56] First of all, can you scroll [4:58:57] down. [4:59:01] I assume there's some sort of [4:59:01] legend. [4:59:02] Administration, it would have [4:59:04] been great if this was shared [4:59:05] sometime in the last seven and a [4:59:08] half weeks. [4:59:08] Okay. [4:59:12] Those are cad calls. [4:59:12] Okay. [4:59:12] Thank you. [4:59:15] Is this the entire entity of the [4:59:17] data that has been gathered to [4:59:20] support this bill? [4:59:22] Because all this is is literally [4:59:26] a map of our city and it shows [4:59:29] not support for this bill, which [4:59:33] is for everywhere in our city. [4:59:38] It covers all of these areas. [4:59:41] This map, I'm assuming, we have [4:59:43] people with maps that can do [4:59:44] this. [4:59:47] I'm guessing if you overlaid [4:59:50] crosswalks, bars, transit [4:59:52] corridors, big box stores, [4:59:54] grocery stores, corner stores, [4:59:59] dark streets, any of those [5:00:00] things would overlap because [5:00:01] what you're seeing is a map of [5:00:03] our city where there are hot [5:00:06] spots that need attention by [5:00:06] apd. [5:00:09] I don't see any data that proves [5:00:13] that a cannabis store nextdore [5:00:16] to a cigar store impacts this. [5:00:19] I'm sorry, I called you [5:00:19] commander. [5:00:21] Your now deputy chief. [5:00:23] I apologize for misremembering. [5:00:25] But the deputy chief has been [5:00:27] clear that there are many [5:00:30] cannabis stores and cigar stores [5:00:32] and tobacco stores all around [5:00:33] the city that do not have calls [5:00:36] for service. [5:00:38] So, I appreciate the map, but [5:00:40] it's really proving my point not [5:00:42] the point of the bill that's in [5:00:45] front of us. [5:00:48] Still would have like to have it [5:00:50] about seven and a half weeks [5:00:50] ago. [5:00:52] I appreciate it. [5:00:53] >>coun. Pe}a: councilor baca. [5:00:54] >>coun. Baca: thank you, MADAM [5:00:55] PRESIDENT. [5:00:57] I'm looking at this map and I'll [5:00:59] take district one as an example. [5:01:01] There are only shops on unser [5:01:05] and coors boulevard zoned to [5:01:05] allow these. [5:01:09] And the rest of district one is [5:01:09] black. [5:01:11] Because of the restrictive [5:01:13] zoning in those areas that don't [5:01:17] allow anything but single family [5:01:17] homes. [5:01:19] I've got three or four metal [5:01:21] shops down the road where it's [5:01:23] hard to get any other husbands [5:01:23] near them. [5:01:26] There's zero chance we could [5:01:30] open a metal shop in that big [5:01:32] black blocks in district one. [5:01:33] Zoning matters lot. [5:01:35] What we allow in certain areas. [5:01:36] In this case, whatever is [5:01:38] already there exists. [5:01:40] You're not taking that away [5:01:41] unless there's bad actor. [5:01:42] In which case, we can see where [5:01:45] those folks are. [5:01:47] Ideally, if you get rid of the [5:01:50] bad actors and the good actors [5:01:51] stay and you don't get new [5:01:52] players in that area. [5:01:54] Over time this gets better. [5:01:56] We use zoning for a ton of [5:01:57] things. [5:01:58] We are always trying to add [5:02:00] zoning ability in our city. [5:02:02] This is one of those. [5:02:05] we have so much restriking [5:02:05] e ing [5:02:06] ing [5:02:06] e ing [5:02:07] ing -- [5:02:07] restrictive zoning in the city. [5:02:10] But it appears as if it doesn't [5:02:11] make a difference. [5:02:13] But that's because it's always [5:02:15] that way because of restrictive [5:02:17] zoning. [5:02:19] You can look at this map in a [5:02:21] variety of ways and it's clear [5:02:22] with it's happening. [5:02:24] Those of us that deal with this [5:02:26] on regular basis, I would love [5:02:28] to see this problem get better. [5:02:29] This is one tool. [5:02:33] It's not as if it's either or on [5:02:34] any of these things. [5:02:37] If we use all the tools and [5:02:38] adjust them together they all [5:02:40] get better over time. [5:02:42] It's never an either or with any [5:02:45] of these things. [5:02:45] Thank you. [5:02:47] >>coun. Pe}a: seeing no other [5:02:48] questions before I turn it over [5:02:49] to councilor grout to close. [5:02:52] I'll just add a few things. [5:02:55] First of all, just looking at [5:02:57] this -- the ido and the fact [5:02:59] that we have cannabis and [5:03:01] nicotine retail uses throughout [5:03:04] the ido, I intend to bring back [5:03:06] an ordinance that changes that [5:03:08] to the marijuana. [5:03:11] I don't know that it will pass. [5:03:13] This is exactly why when we had [5:03:16] the cannabis equity fund put in [5:03:18] front of us, I fought really [5:03:21] hard to make sure we change it [5:03:25] to the marijuana equity fund and [5:03:27] this body passed that resolution [5:03:29] because I think it's important [5:03:31] because when it was illegal it [5:03:33] was marijuana, and that's when [5:03:35] we were being incarcerated and [5:03:37] put in jail and it became [5:03:38] popular and legal. [5:03:41] and they changed it to cannabis. [5:03:44] I intend to bring that back for [5:03:44] this. [5:03:46] The marijuana equity fund. [5:03:50] I'm proud we're able to get that [5:03:50] passed. [5:03:52] When we first talked about [5:03:53] opening these cannabis shops, [5:03:56] one of the things -- grace [5:03:59] talked about it during her [5:03:59] commentary. [5:04:01] When we first did this, it was [5:04:03] really going to be the [5:04:06] Mcdonald's of cannabis shops. [5:04:10] And the fact that we fought also [5:04:12] to make sure that it was a free [5:04:13] market and everybody who could [5:04:15] go into business and small [5:04:18] business owners and people that [5:04:20] just cobbled up some money, they [5:04:24] could open up their own [5:04:27] marijuana shop. [5:04:28] Anyway, I think that's important [5:04:31] to say that, yes, the market [5:04:33] somebody else talked about the [5:04:34] market dwindling down. [5:04:35] It's happening. [5:04:37] But at least those people who [5:04:40] weren't the Mcdonald's of the [5:04:42] world would have a shot at [5:04:43] opening cannabis. [5:04:45] These are the same people that [5:04:47] went through all the grief of [5:04:48] marijuana. [5:04:50] And then, to say that. [5:04:54] And we have deputy chief up [5:04:54] here. [5:04:56] And we really should have [5:04:59] planning up here. [5:05:04] This is really a planning issue. [5:05:09] To councilor fiebelkorn's point, [5:05:11] when we're doing restricted [5:05:13] areas, back to the argument when [5:05:15] we first did this to allow [5:05:17] cannabis shops to go wherever [5:05:19] businesses wanted to go, now [5:05:21] this is just going in reverse. [5:05:22] And it's actually going to push [5:05:23] out. [5:05:27] And it does create certain areas [5:05:29] that aren't going to be allowed. [5:05:31] And some of the districts that [5:05:33] already see a dis proportion [5:05:34] proportionate [5:05:36] amount of this will see more. [5:05:37] Although, my argument doesn't [5:05:39] stand so much because I'm proud [5:05:40] of district three because we do [5:05:43] have a lot of cannabis shops [5:05:44] along central. [5:05:46] Working with southwest area [5:05:47] command, they do the partnership [5:05:49] and working with the prt and [5:05:51] doing all those things we need [5:05:52] to do. [5:05:54] Coors and central was bad for a [5:05:55] minute. [5:05:56] We worked hard and they did a [5:05:57] lot of things. [5:05:59] You can see door and central [5:06:01] didn't pop up on that map. [5:06:03] And to the north of central, I [5:06:08] know we have that in councilor [5:06:08] telles's district. [5:06:09] We have that truck stop. [5:06:12] I know there's a lot of issues [5:06:12] there. [5:06:14] But I don't serve that area. [5:06:15] Just to councilor telles's [5:06:17] point, we have the southwest [5:06:21] area command on los volcanes. [5:06:25] That is in your district for [5:06:27] that. [5:06:29] I think I got everything that I [5:06:32] have on my notes. [5:06:34] Yeah, I think we have an [5:06:35] epidemic on our hands. [5:06:37] Everybody wants a solution and [5:06:39] try to figure out how we address [5:06:40] some of the issues. [5:06:42] But I think targeting certain [5:06:45] businesses isn't the answer. [5:06:49] I think we need to do a lot of [5:06:51] proactive approach. [5:06:54] Anyway, again, to look to the [5:06:56] nuisance abatement ordinance [5:06:57] because this is something that [5:07:00] was a tool that we used heavily [5:07:01] at one point. [5:07:03] I think we should bring that [5:07:06] back in a strong way but not as [5:07:08] heavy-handed as we did in the [5:07:09] past. [5:07:11] And I will end with that and go [5:07:14] to councilor grout to close. [5:07:16] >>coun. Grout: thank you, all. [5:07:18] I appreciate the dialogue and [5:07:21] the debate. [5:07:25] It's good. [5:07:26] I have nothing against cannabis [5:07:27] or smoke shops. [5:07:29] I really don't. [5:07:31] I don't frequent them. [5:07:31] That's okay. [5:07:35] I know they have a purpose. [5:07:37] I know that there's good in [5:07:37] them. [5:07:39] I also know there can be issues [5:07:40] with them. [5:07:44] Trying to put a little distance [5:07:46] between them and our officers [5:07:53] and afr and acs, they're all [5:07:54] -- code [5:07:56] enforcement -- they all asked we [5:07:59] do something because there's a [5:07:59] problem. [5:08:01] If this isn't the answer, we'll [5:08:03] keep working on it. [5:08:06] I appreciate everybody that we [5:08:08] worked with. [5:08:10] And it will be okay. [5:08:15] With that, I urge your support. [5:08:16] [Roll call]. [5:08:19] >>coun. Baca: yes. [5:08:21] >>coun. Bassan: yes. [5:08:24] >>coun. Champine: no. [5:08:27] >>coun. Fiebelkorn: no. [5:08:29] >>coun. Grout: yes. [5:08:31] >>coun. Lewis: no. [5:08:33] >>coun. Rogers: no. [5:08:36] >>coun. Telles: no. [5:08:40] >>coun. Pe}a: no. [5:08:44] >> fails on a 3-6 vote. [5:08:45] >>coun. Bassan: MADAM PRESIDENT, [5:08:49] o-40 repealing roa1994 chapter [5:08:51] four creating consolidated [5:08:52] accountability and government [5:08:54] ordinance governing the ago [5:08:56] committee office of internal [5:08:58] audit and office of inspector [5:08:59] general. [5:09:00] I move do pass. [5:09:02] >>coun. Pe}a: there's a motion, [5:09:04] and a second by councilor rogers [5:09:06] for o-40. [5:09:07] >>coun. Bassan: I'd like to move [5:09:16] floor substitute. [5:09:17] >>coun. Fiebelkorn: second. [5:09:18] >>coun. Bassan: thank you. [5:09:20] Just to clarify what's in the [5:09:22] floor substitute, I did ask [5:09:24] julia send it out. [5:09:25] It did go out a little bit later [5:09:27] than we wanted. [5:09:30] At the same time we tried to [5:09:31] notify everyone what was in. [5:09:33] I want to review what the [5:09:35] changes are so hopefully you'll [5:09:36] feel comfortable with it. [5:09:38] Most of it -- there are [5:09:39] technical changes. [5:09:42] But after the last fgo meeting [5:09:45] we had a while back, the admin [5:09:47] came to me pointing out some [5:09:48] issues including technical [5:09:49] changes but we found a couple of [5:09:50] other things. [5:09:53] Running down that list, the [5:09:54] definition of waste. [5:09:56] We changed it. [5:09:58] Instead of the wordf buse in [5:10:00] that definition, we say [5:10:01] inefficient use. [5:10:03] There's also a separate [5:10:05] definition for the word abuse. [5:10:11] We didn't want to have that be [5:10:11] confusing. [5:10:16] I say we, I mean me. [5:10:17] Allowing the mayor to review and [5:10:21] comment on proposed and policy [5:10:22] procedures from the ago. [5:10:24] And the council will have to [5:10:26] approve those policy and [5:10:27] procedures presented from ago [5:10:29] while also considering any [5:10:30] comments that the mayor includes [5:10:32] and wants to suggest because [5:10:34] that way there's a little bit of [5:10:36] both sides that could have some [5:10:38] kind of input. [5:10:40] we want it to be consistent with [5:10:41] the other sections. [5:10:43] We made sure to clarify adding [5:10:46] in 15 days to publish reports. [5:10:50] Changing the timeline for [5:10:53] publishing of reports from 15 [5:10:55] days to 30 if there's a revised [5:10:57] report from the ig. [5:10:59] Which would allow some more [5:11:01] opportunity for the ig to be [5:11:02] able to make changes and [5:11:04] actually complete that revision. [5:11:10] We would add in the word youth [5:11:13] for sick leave. [5:11:15] Instead of the ig having to [5:11:18] report sick leave to the [5:11:18] committee. [5:11:22] Being at the ago committee is [5:11:29] not -- the ig needs to make sure [5:11:32] to report their significant use [5:11:34] of vacation or sick leave. [5:11:38] The office, both the ig and ia [5:11:41] office can select out could [5:11:43] counsel in consultation with the [5:11:44] city attorney. [5:11:45] If the city attorney is to [5:11:48] provide a list of different [5:11:49] outside legal services and [5:11:52] different options, the office [5:11:54] can choose to select one from [5:11:54] that list. [5:11:57] Or if the office consulted city [5:11:59] legal and they want to pick [5:12:00] somewhere else, that is within [5:12:03] their purview as well, being [5:12:05] they're both supposed to be [5:12:06] independent. [5:12:08] Adding in the certification [5:12:10] verification requirements that [5:12:13] we changed in some of that they [5:12:15] if the auditor and the inspector [5:12:17] general voocertain requirements [5:12:21] that they have to provide, [5:12:23] verifying certification. [5:12:24] And it needs to be within [5:12:25] certain dates. [5:12:29] We made sure to add in the [5:12:31] council can be able to offer a [5:12:32] one-year extension if that [5:12:34] hasn't been completed within [5:12:36] that two-year time frame. [5:12:39] If council decides, but they [5:12:41] don't have to, to change the [5:12:43] term that if any kind of [5:12:45] criminal activity is suspected [5:12:48] that instead of report to the [5:12:49] prosecuting authority, it would [5:12:51] be reporting to the law [5:12:52] enforcement authority because we [5:12:54] cannot skip law enforcement and [5:12:56] go straight to prosecution. [5:12:57] It's law enforcement that should [5:12:59] go to prosecution. [5:13:01] And making sure to add in some [5:13:03] of the attorney-client privilege [5:13:05] requirement changes as well as [5:13:09] some updates to the recruiting [5:13:11] and hiring that be included in [5:13:12] the annual report. [5:13:15] If there are vacancies, whether [5:13:16] it's through A.G.O. -- I'm [5:13:19] sorry, if there are vacancies [5:13:22] between the ig and ia, and [5:13:25] there's been certain times that [5:13:27] have gone by that part of the [5:13:29] annual report coming from the [5:13:32] A.G.O. And ig and ia should [5:13:34] include updates on how the [5:13:34] hiring process has been going [5:13:38] and what has been done to [5:13:38] recruit. [5:13:42] I think I covered it all. [5:13:43] MS. Coulloudon can help if you [5:13:45] have more specific questions. [5:13:48] I open for questions, or I urge [5:13:50] your spoerality [5:13:51] upport. [5:13:52] >>coun. Pe}a: there's a motion [5:13:54] and a second for floor sub. [5:14:01] [Roll call]. [5:14:04] >>coun. Baca: yes. [5:14:05] >>coun. Bassan: yes. [5:14:08] >>coun. Champine: yes. [5:14:10] >>coun. Fiebelkorn: yes. [5:14:12] >>coun. Grout: yes. [5:14:14] >>coun. Lewis: yes. [5:14:16] >>coun. Rogers: yes. [5:14:17] >>coun. Telles: yes. [5:14:18] >>coun. Pe}a: yes. [5:14:19] >> passes unanimously. [5:14:21] >>coun. Pe}a: back on the bill [5:14:24] as substituted. [5:14:26] Do we have anyone signed up to [5:14:27] speak? [5:14:29] >> thank you, MADAM PRESIDENT. [5:14:42] We have tad. [5:14:43] >> thank you. [5:14:49] My name is tad. [5:14:53] Well, I can see many problems [5:14:56] with this government. [5:14:59] We do not -- city has to come up [5:15:04] with new policy. [5:15:05] Accountability. [5:15:08] Inspector general doing what? [5:15:08] Zero. [5:15:10] And so on. [5:15:18] Nobody can touch it. [5:15:21] We spend this evening discussing [5:15:24] economic development abuses. [5:15:26] Abuses with everywhere with [5:15:31] every nonprofit organization. [5:15:35] And who is controlling [5:15:36] everything? [5:15:37] Nobody from the city. [5:15:39] That's what they need. [5:15:42] That is policy. [5:15:46] Somebody have to step in with [5:15:46] policy. [5:15:50] Council better come up and [5:15:52] somebody have to look at all the [5:15:52] problems. [5:15:55] >>coun. Pe}a: thank you. [5:15:58] That concludes public comment. [5:16:03] Any questions, comments? [5:16:04] Councilor bassan to close. [5:16:05] >>coun. Bassan: MADAM PRESIDENT, [5:16:06] I know -- I would like to [5:16:09] request your permission, if [5:16:10] there is a development of [5:16:12] wanting to reopen conversation, [5:16:14] but seeing it appears the [5:16:16] council doesn't have issues. [5:16:18] Instead of moving deferral, I'd [5:16:19] like to make a motion to suspend [5:16:24] the rules to vote on this at the [5:16:26] same meeting in which it was [5:16:29] substituted. [5:16:31] >>coun. Pe}a: there's a motion, [5:16:33] and a second. [5:16:34] Clarify the motion one more [5:16:34] time. [5:16:35] >>coun. Bassan: motion to [5:16:38] suspend the rules to act upon [5:16:45] the bill at the same meeting [5:16:47] which it was substituted. [5:16:49] [Roll call]. [5:16:50] >>coun. Baca: yes. [5:16:50] >>coun. Bassan: yes. [5:16:52] >>coun. Champine: yes. [5:16:55] >>coun. Fiebelkorn: yes. [5:16:57] >>coun. Grout: yes. [5:16:59] >>coun. Lewis: yes. [5:17:00] >>coun. Rogers: yes. [5:17:02] >>coun. Telles: yes. [5:17:02] >>coun. Pe}a: yes. [5:17:05] >> passes unanimously. [5:17:06] >>coun. Pe}a: thank you. [5:17:09] We're now on o-41. [5:17:09] Councilor bassan. [5:17:10] >>coun. Bassan: MADAM PRESIDENT, [5:17:13] I think we're still on o-40. [5:17:16] As substitute. [5:17:16] >>coun. Pe}a: I'm sorry. [5:17:17] Councilor bassan. [5:17:19] >>coun. Bassan: I urge your [5:17:20] support. [5:17:21] >>coun. Pe}a: MADAM Clerk. [5:17:24] [Roll call]. [5:17:28] >>coun. Baca: yes. [5:17:29] >>coun. Bassan: yes. [5:17:30] >>coun. Champine: yes. [5:17:33] >>coun. Fiebelkorn: yes. [5:17:34] >>coun. Grout: yes. [5:17:36] >>coun. Lewis: yes. [5:17:38] >>coun. Rogers: yes. [5:17:39] >>coun. Telles: yes. [5:17:40] >>coun. Pe}a: yes. [5:17:41] >> passes unanimously. [5:17:45] >>coun. Pe}a: now, we're on [5:17:45] o-41. [5:17:47] >>coun. Bassan: MADAM PRESIDENT, [5:17:49] o-41, amending the whistleblower [5:17:52] ordinance, roa1994 chapter three [5:17:53] article seven. [5:17:54] I move do pass. [5:17:55] >>coun. Pe}a: there's a motion [5:17:56] and a second by councilor rogers [5:17:59] for do pass of o-41. [5:18:00] >>coun. Bassan: MADAM PRESIDENT, [5:18:04] if you will please bear with me, [5:18:05] i don't know if I have ever done [5:18:07] this, but I'm going to read to [5:18:09] you some of the significant [5:18:13] changes or the changes in this [5:18:16] version of the whistleblower [5:18:16] ordinance. [5:18:17] I know councilor telles has one [5:18:18] coming down the pipe to [5:18:19] committee. [5:18:21] I just want to make sure to [5:18:24] clarify for the public's [5:18:26] information as well as the [5:18:28] council's what this one has in [5:18:28] it. [5:18:31] That way it can be, I hope, more [5:18:32] clear for everybody. [5:18:34] Please bear with me. [5:18:37] The general edits are citation [5:18:39] edits and emphasizing that city [5:18:40] employees are the reporting body [5:18:43] to properly report improper [5:18:45] governmental action. [5:18:48] And some of the more [5:18:49] comprehensive summaries are [5:18:51] changing to the reporting [5:18:51] procedures. [5:18:54] This bill makes two substantive [5:18:56] amendments to the reporting [5:18:57] procedures. [5:18:58] First when submitting a [5:18:59] complaint the complainant must [5:19:01] include sufficient facts. [5:19:04] If true, establish the improper [5:19:05] government action occurred. [5:19:07] In addition to the existing [5:19:10] limitation on oig investigations [5:19:12] into discrimination labor law [5:19:15] matters and other matters, the [5:19:17] inspector general shall not [5:19:19] accept complaints related to [5:19:21] retaliation based on status in a [5:19:23] protected class or protected [5:19:23] activity. [5:19:26] Violations related to collective [5:19:29] bargaining agreement matters, [5:19:30] violations of the merit system [5:19:31] ordinance or matters under [5:19:33] investigation by any state or [5:19:34] federal agency. [5:19:38] The other change is changes to [5:19:39] the investigative procedures [5:19:40] section. [5:19:42] It amends several of those. [5:19:44] First it mandates investigations [5:19:45] are conducted in a timely manner [5:19:47] by an independent and qualified [5:19:49] fact finder. [5:19:50] Second, the bill clarifies that [5:19:52] all city employees board [5:19:53] commission and committee members [5:19:55] and elected officials shall [5:19:57] assist the oig in investigation. [5:19:59] Including making them [5:20:02] self-available for interview. [5:20:04] And the inspector MAY decline to [5:20:06] investigate a complaint if the [5:20:07] allegations have been [5:20:09] investigated or adjudicated by [5:20:10] human resources. [5:20:13] Any state or federal agency or [5:20:13] arbitration. [5:20:15] Last, this bill requires in this [5:20:17] section the city to maintain the [5:20:19] secure case management and [5:20:21] tracking system for all [5:20:22] complaints investigated pursuant [5:20:23] to this ordinance. [5:20:25] I have an upcoming amendment to [5:20:27] clarify one of the [5:20:29] technicalities on that. [5:20:30] Under the confidentiality [5:20:31] section it prohibits disclosure [5:20:34] of a complainants identity [5:20:35] without consent. [5:20:36] And when disclosure is [5:20:38] necessary, reasonable advanced [5:20:41] notice shall be provided. [5:20:43] Personally identifiable [5:20:45] information must be protected by [5:20:50] the max misdemeanor extent. [5:20:52] Retaliation section, it directs [5:20:53] employees to submit complaints [5:20:55] in accord once the grievance [5:20:56] resolution procedure. [5:20:57] Unclassified employees MAY [5:20:59] submit complains to their [5:21:01] department director or human [5:21:02] resources. [5:21:03] In either situation, if there [5:21:05] has been a finding of [5:21:06] retaliation against the [5:21:07] employee, it should be remedied [5:21:11] by reversing any disciplinary [5:21:13] action, expunging materials from [5:21:16] the employee's personnel file [5:21:19] and the cao shall determine [5:21:21] whether additional actions shall [5:21:24] be needed to address retaliatory [5:21:24] actions taken. [5:21:32] This clarifies what constitutes [5:21:35] retaliation. [5:21:38] Under the city's action [5:21:40] sections, it requires that [5:21:41] employees know of their [5:21:43] protections granted by the [5:21:45] whistleblower protection [5:21:45] ordinance. [5:21:48] And noticed prepared by the oig, [5:21:50] the city must ensure awareness [5:21:52] of the whistleblower protections [5:21:53] through training onboarding [5:21:56] accessible and contractor vendor [5:21:57] notification. [5:21:58] Additionally, this will impose [5:22:01] the deadline for oig to submit [5:22:02] the report to the city council [5:22:04] within 60 days of the end of [5:22:05] each fiscal year. [5:22:06] We got our first report for the [5:22:09] first time in the city's history [5:22:10] last year. [5:22:12] This is like a tiny thing, but I [5:22:14] think it's important we put a [5:22:16] date so it doesn't get [5:22:18] overlooked by accident. [5:22:20] Those are some of the -- that's [5:22:22] the nuts and bolts of this [5:22:23] whistleblower ordinance update [5:22:25] which has been in the works and [5:22:31] I worked with admin and ig and [5:22:31] legal. [5:22:33] This is part of that process [5:22:35] that we've been going through. [5:22:38] With that, MADAM PRESIDENT, can [5:22:40] I move my more technical [5:22:41] amendment before the other [5:22:43] amendments? [5:22:45] >>coun. Pe}a: sure. [5:22:46] >>coun. Bassan: thank you. [5:22:47] It's right here. [5:22:49] i would like to move amendment [5:22:49] one. [5:22:53] It's in your ipad. [5:22:56] I promise it's really technical, [5:22:57] not too gross. [5:23:00] On page, eight, line three. [5:23:02] Amend the section as follows. [5:23:04] Instead of it saying the city [5:23:06] shall maintain a secure case [5:23:07] management and tracking system, [5:23:11] change it to say the office of [5:23:13] inspector general shall maintain [5:23:14] secure case management and [5:23:14] tracking system. [5:23:17] This is pointed out by the ig. [5:23:19] And our legal team decided that [5:23:22] was probably a more accurate use [5:23:24] of the proper term, not just for [5:23:28] the city to do it. [5:23:29] >>coun. Pe}a: there's a motion, [5:23:31] and three seconds. [5:23:32] I'll take councilor grout's [5:23:35] because she said it first. [5:23:36] Councilor grout. [5:23:41] For floor amendment number one. [5:23:42] Let me write that down. [5:23:45] Any discussion? [5:23:50] [Roll call]. [5:23:52] >>coun. Baca: yes. [5:23:54] >>coun. Bassan: yes. [5:23:56] >>coun. Champine: yes. [5:23:59] >>coun. Fiebelkorn: yes. [5:24:02] >>coun. Grout: yes. [5:24:04] >>coun. Lewis: yes. [5:24:06] >>coun. Rogers: yes. [5:24:07] >>coun. Telles: yes. [5:24:08] >>coun. Pe}a: yes. [5:24:11] >> passes unanimously. [5:24:12] >>coun. Pe}a: okay. [5:24:16] We are -- is that -- does that [5:24:18] conclude your items? [5:24:19] >>coun. Bassan: yes. [5:24:21] >>coun. Pe}a: I'm going to move [5:24:22] to councilor telles. [5:24:25] >>coun. Telles: thank you, MADAM [5:24:26] PRESIDENT. [5:24:30] I have three amendments to bring [5:24:31] forward. [5:24:33] I just want -- before I go [5:24:40] forward with these, I want to [5:24:41] thank councilor bassan for [5:24:43] moving forward in her work and [5:24:45] restructuring the institution [5:24:50] here of the whistleblower [5:24:51] ordinance. [5:24:53] These amendments work on the [5:24:57] reporter's side of the same [5:24:58] system. [5:25:01] I think -- just so everyone [5:25:02] knows, to clarify things a [5:25:06] little bit here, councilor [5:25:09] bassan builds the pipes, and my [5:25:11] amendments are the folks who [5:25:14] turn the faucet on. [5:25:18] That is the point here. [5:25:23] I will move with floor amendment [5:25:24] a-2. [5:25:24] Is that correct? [5:25:26] >>coun. Pe}a: yes. [5:25:30] We're on floor amendment labeled [5:25:31] a, it will be floor amendment [5:25:39] number two. [5:25:40] >>coun. Telles: I do want to say [5:26:03] we worked closely with oig. [5:26:23] >>coun. Telles: -- we want to [5:26:25] make sure anyone who is [5:26:27] comfortable and brave and safe [5:26:31] enough to come forward and [5:26:33] report, if they accidently don't [5:26:38] do it in such a way that follows [5:26:43] the procedures specifically, [5:26:45] line by line, because not [5:26:48] everybody knows these, right? [5:26:50] They're still protected. [5:26:52] That is really the point here. [5:26:58] I urge your support. [5:26:59] >>coun. Pe}a: there's a motion [5:27:02] and a second for floor amendment [5:27:03] number two. [5:27:07] [Roll call]. [5:27:10] >>coun. Baca: yes. [5:27:13] >>coun. Bassan: yes. [5:27:14] >>coun. Champine: yes. [5:27:17] >>coun. Fiebelkorn: yes. [5:27:18] >>coun. Grout: yes. [5:27:20] >>coun. Lewis: yes. [5:27:23] >>coun. Rogers: yes. [5:27:24] >>coun. Telles: yes. [5:27:25] >>coun. Pe}a: yes. [5:27:26] >> passes unanimously. [5:27:27] >>coun. Pe}a: thank you. [5:27:29] We're now on floor amendment, [5:27:31] labeled b, which is floor [5:27:33] amendment number three. [5:27:33] Councilor telles. [5:27:36] >>coun. Telles: thank you, MADAM [5:27:36] PRESIDENT. [5:27:38] This amendment attars the [5:27:40] standard in which retaliation [5:27:41] MAY be established under the [5:27:42] article. [5:27:44] Under this amendment, [5:27:48] retaliation is supported when a [5:27:50] complainant engaged in activity [5:27:51] protected under this article, [5:27:53] and two, adverse action taken [5:27:57] against the complainant factored [5:27:58] in the protected disclosure. [5:28:01] And protected disclosure is [5:28:05] defined within the ordinance [5:28:05] itself. [5:28:06] >>coun. Fiebelkorn: second. [5:28:07] >>coun. Pe}a: there's a motion, [5:28:08] and a second by councilor [5:28:09] fiebelkorn, for floor amendment [5:28:11] number three. [5:28:12] Any discussion? [5:28:12] Councilor bassan. [5:28:13] >>coun. Bassan: MADAM PRESIDENT, [5:28:15] I just want to clarify, [5:28:17] protected disclosure, this [5:28:20] amendment is adding the [5:28:21] definition. [5:28:23] It's not already in the bill. [5:28:26] I thought I just heard it was [5:28:28] already in the bill. [5:28:29] This is adding in the [5:28:30] definition. [5:28:32] >>coun. Telles: I'm sorry. [5:28:33] Thank you. [5:28:37] Yes, protected disclosure, [5:28:38] individual consistent with the [5:28:40] standards and case law [5:28:41] interpreting the new mexico [5:28:44] whistleblower protection act. [5:28:46] That's what it is consistent [5:28:46] with. [5:28:49] The state wising [5:28:49] ing [5:28:50] ing [5:28:50] ing [5:28:52] wisingal -- [5:28:52] whistleblower act. [5:28:55] That's is the protected [5:28:55] disclosure. [5:28:56] >>coun. Pe}a: does that answer [5:28:57] your question? [5:28:59] >>coun. Bassan: I guess, I'm [5:29:01] just making sure everyone is [5:29:03] aware this amendment is adding [5:29:04] in that definition. [5:29:07] It's not in the proposed bill. [5:29:08] >>coun. Telles: yes. [5:29:10] I'm sorry if that wasn't [5:29:11] clarified. [5:29:12] >>coun. Pe}a: thank you. [5:29:13] Any other discussion? [5:29:14] Seeing none. [5:29:17] [Roll call]. [5:29:20] >>coun. Baca: yes. [5:29:25] >>coun. Bassan: no. [5:29:27] >>coun. Champine: yes. [5:29:30] >>coun. Fiebelkorn: yes. [5:29:33] >>coun. Grout: no. [5:29:34] >>coun. Lewis: yes. [5:29:37] >>coun. Rogers: yes. [5:29:38] >>coun. Telles: yes. [5:29:39] >>coun. Pe}a: yes. [5:29:43] >> passes on a 7-2 vote. [5:29:46] >>coun. Pe}a: we're on floor [5:29:46] amendment c. [5:29:48] Floor amendment number four. [5:29:49] >>coun. Telles: thank you, MADAM [5:29:50] PRESIDENT. [5:29:51] This amendment as a provision [5:29:53] that really emphasizes the [5:29:55] identity of a reporting [5:29:57] individual shall be kept [5:29:59] confidential and provides a [5:30:01] reporting individual MAY be [5:30:01] anonymous. [5:30:03] I urge your support. [5:30:03] >>coun. Fiebelkorn: second. [5:30:05] >>coun. Pe}a: any discussion? [5:30:06] Seeing none. [5:30:10] [Roll call]. [5:30:13] >>coun. Baca: yes. [5:30:16] >>coun. Bassan: no. [5:30:18] >>coun. Champine: no. [5:30:21] >>coun. Fiebelkorn: yes. [5:30:23] >>coun. Grout: no. [5:30:26] >>coun. Lewis: no. [5:30:28] >>coun. Rogers: yes. [5:30:28] >>coun. Telles: yes. [5:30:30] >>coun. Pe}a: no. [5:30:34] >> fails on a 4-5 vote. [5:30:35] >>coun. Pe}a: we're now back on [5:30:44] the bill as amended four times. [5:30:46] Amended four times. [5:30:50] Three times? [5:30:51] No? [5:30:54] I have four. [5:30:54] Okay. [5:30:57] And we have another one labeled [5:31:00] d? [5:31:00] >>coun. Telles: MADAM PRESIDENT, [5:31:04] that has been withdrawn. [5:31:05] >>coun. Pe}a: it just got handed [5:31:07] to me. [5:31:10] With that, any discussion by [5:31:11] councilors? [5:31:12] Seeing none. [5:31:13] Councilor bassan to close. [5:31:14] >>coun. Bassan: MADAM PRESIDENT, [5:31:15] I actually have a question about [5:31:18] the protected disclosure. [5:31:22] I realize, just to clarify, [5:31:24] maybe in the upcoming [5:31:29] whistleblower ordinance update, [5:31:31] I believe it's perhaps might be [5:31:32] the people turning the faucet on [5:31:37] without the pipe. [5:31:38] To be something considered [5:31:39] moving forward. [5:31:40] I don't think there's a system [5:31:43] in place for a protected [5:31:44] disclosure in the city. [5:31:47] That probably needs to get built [5:31:48] out now. [5:31:51] With everything else, aside from [5:31:53] that, I urge your support. [5:31:58] >>coun. Pe}a: MADAM Clerk [Roll [5:31:58] call]. [5:32:00] >>coun. Baca: yes. [5:32:02] >>coun. Bassan: yes. [5:32:04] >>coun. Champine: yes. [5:32:06] >>coun. Fiebelkorn: yes. [5:32:08] >>coun. Grout: yes. [5:32:10] >>coun. Lewis: yes. [5:32:12] >>coun. Rogers: yes. [5:32:13] >>coun. Telles: yes. [5:32:14] >>coun. Pe}a: yes. [5:32:15] >> passes unanimously. [5:32:21] >>coun. Pe}a: we're now on p2. [5:32:25] >>coun. Champine: p2-6-2. [5:32:26] Adoption sent to the voters [5:32:29] proposing to amend article five [5:32:30] of the charter regarding the [5:32:32] appointment removal and [5:32:33] independence of the city [5:32:34] attorney and city clerk. [5:32:39] I move for do pass. [5:32:40] >>coun. Pe}a: was there a [5:32:40] second? [5:32:43] There's a motion, and a second [5:32:44] by councilor fiebelkorn. [5:32:47] For p-2. [5:32:48] Councilor champine to open. [5:32:49] >>coun. Champine: thank you, [5:32:51] MADAM PRESIDENT. [5:32:54] This is to submit a chart [5:32:56] charter amendment to the [5:32:57] amendment to the voters. [5:33:00] The amendment is basically going [5:33:03] to propose to change the charter [5:33:04] regarding our appointment [5:33:06] removal and independence of the [5:33:12] city clerk and city attorney. [5:33:13] >>coun. Pe}a: thank you. [5:33:14] We'll go to public comment. [5:33:16] We have a couple people signed [5:33:17] up to speak. [5:33:18] >> thank you, MADAM PRESIDENT. [5:33:21] We have francesco followed by [5:33:36] mervin. [5:33:38] >> plenty of ambulance chasers [5:33:41] out there, but the only ethical [5:33:42] professionals with integrity and [5:33:44] good character can be the tip of [5:33:46] the spear of law enforcement, [5:33:48] pulling in over six figures. [5:33:50] Multiple guardrails already [5:33:53] exist, including but not limited [5:33:55] to city policy, and the state [5:33:57] bar that prohibits attorneys [5:33:59] from making misleading and false [5:34:01] statements into the record. [5:34:04] No need for permission from a [5:34:07] king to get rid of bad faith [5:34:08] lawyers. [5:34:10] much as they want to, the [5:34:13] constitution prohibits royalty [5:34:15] from paying unethical attorneys [5:34:17] working for the city after they [5:34:18] loose their license to practice [5:34:19] law. [5:34:22] Cut off the money train, report [5:34:27] them to the state bar, problem [5:34:31] solved. [5:34:35] >> mervin. [5:34:35] I believe that concludes [5:34:53] comment. [5:35:00] >>coun. Fiebelkorn: I move floor [5:35:02] amendment number one. [5:35:04] This is addition into both page [5:35:06] three, line ten, and page four [5:35:06] line eight. [5:35:08] It says the mayor MAY remove the [5:35:10] city attorney or the city clerk [5:35:12] at any time with notice to the [5:35:14] council and interim city [5:35:15] attorney. [5:35:17] The council MAY remove city [5:35:18] attorney with notice to the [5:35:22] mayor and city attorney by an [5:35:25] affirmative vote of 7 members of [5:35:26] the council. [5:35:27] >>coun. Pe}a: there's a motion, [5:35:29] and a second by councilor [5:35:29] telles. [5:35:30] >>coun. Fiebelkorn: thank you, [5:35:31] MADAM PRESIDENT. [5:35:34] This is really just clarifying [5:35:37] when these appointed positions [5:35:41] can be ere mufb [5:35:43] removed and by whom and [5:35:44] making sure city council has a [5:35:53] path there. [5:35:54] Sdmrp okay. [5:35:54] I was [5:35:55] . [5:35:56] >>coun. Pe}a: I was trying to [5:35:56] read the amendment. [5:35:57] I'm sorry. [5:35:58] I'm catching up. [5:36:01] Any discussion on the amendment? [5:36:04] No? [5:36:04] Councilor fiebelkorn. [5:36:05] >>coun. Fiebelkorn: urge your [5:36:07] support. [5:36:07] >>coun. Pe}a: MADAM Clerk. [5:36:09] [Roll call]. [5:36:11] >>coun. Baca: yes. [5:36:12] >>coun. Bassan: yes. [5:36:14] >>coun. Champine: yes. [5:36:16] >>coun. Fiebelkorn: yes. [5:36:18] >>coun. Grout: yes. [5:36:21] >>coun. Lewis: yes. [5:36:22] >>coun. Rogers: yes. [5:36:24] >>coun. Telles: yes. [5:36:24] >>coun. Pe}a: yes. [5:36:28] >> passes unanimously. [5:36:32] >>coun. Pe}a: we're now on floor [5:36:34] amendment -- not labeled in your [5:36:35] packet -- this is floor [5:36:36] amendment number two. [5:36:37] Councilor fiebelkorn and [5:36:37] councilor champine. [5:36:38] >>coun. Fiebelkorn: thank you, [5:36:39] MADAM PRESIDENT. [5:36:40] I think there's confusion on [5:36:40] this. [5:36:42] I want to make sure we're [5:37:03] getting two up on the screen. [5:37:11] >>coun. Fiebelkorn: great. [5:37:11] Thank you. [5:37:13] Floor amendment number two. [5:37:15] It's now on the screen. [5:37:19] Basically, this removes the [5:37:22] language that had city council [5:37:24] participating in the appointment [5:37:26] of the city attorney and city [5:37:27] clerk. [5:37:30] It takes us back to the mayor [5:37:31] doing his thing and interviewing [5:37:33] folks and doing hr, which is not [5:37:34] our job. [5:37:36] And bringing that appointment to [5:37:42] council for approval by majority [5:37:44] of us. [5:37:46] Two-thirds of the entire [5:37:47] membership. [5:37:49] This is really getting us away [5:37:51] from hr, which has been the [5:37:52] problem that I have heard from [5:37:54] the administration as well as [5:37:57] from other folks. [5:37:58] I am happy to answer any [5:38:00] questions. [5:38:03] >>coun. Pe}a: any questions? [5:38:04] >>coun. Champine: thank you, [5:38:05] MADAM PRESIDENT. [5:38:06] It's not really a question as [5:38:08] I'm co-sponsor, I will second [5:38:09] it. [5:38:12] I know we haven't had a second. [5:38:13] >>coun. Pe}a: there's a motion, [5:38:16] and a second by vice PRESIDENT [5:38:17] Champine. [5:38:18] >>coun. Champine: when I started [5:38:19] going through this charter [5:38:20] amendment and the idea of what [5:38:23] this was, I was very thankful [5:38:24] for the fact that councilor [5:38:25] fiebelkorn reached out and said, [5:38:28] hey, can we sit down and talk. [5:38:29] I'm going through it and I have [5:38:30] a few questions. [5:38:31] We sat down. [5:38:33] Discussed the questions we had. [5:38:34] And then actually came back [5:38:36] again and said here I have a [5:38:42] couple of ideas that might [5:38:44] necessarily improve it. [5:38:45] This is a good collaboration. [5:38:47] She pointed out a couple things [5:38:50] that said this might work better [5:38:52] than the way written right now. [5:38:54] Seconding it, but I also urge [5:38:56] your support with it in the [5:38:58] sense of knowing it wasn't [5:38:58] one-sided. [5:38:59] This is a collaboration between [5:39:04] the two of us which was awesome. [5:39:04] >>coun. Fiebelkorn: MADAM [5:39:05] PRESIDENT, I'm sorry. [5:39:08] I think we had the wrong one up. [5:39:10] Show the one labeled d in the [5:39:16] printout in front of us, please. [5:39:17] >>coun. Pe}a: I have a hard time [5:39:19] seeing that far. [5:39:23] It didn't coincide what I was [5:39:24] looking down with. [5:39:25] >>coun. Fiebelkorn: I apologize. [5:39:27] Even with my new glasses I can't [5:39:29] see that far. [5:39:30] >>coun. Pe}a: I know you're [5:39:38] writing your own amendments -- [5:39:50] that's it. [5:39:51] Go to the top. [5:39:54] it says amendment b. [5:39:56] Out of courtesy, if you're [5:39:57] writing them independent of the [5:40:02] staff, if we can put up d on [5:40:03] that liable. [5:40:05] And did you give explanation on [5:40:05] the bottom? [5:40:15] It's just helpful. [5:40:18] >> MADAM PRESIDENT. [5:40:19] >>coun. Champine: MADAM [5:40:23] PRESIDENT. [5:40:26] >>coun. Bassan: I was looking at [5:40:28] r-30 amendment packet. [5:40:29] Not the p2. [5:40:30] My fault. [5:40:32] I apologize. [5:40:34] >>coun. Pe}a: I'm like this is [5:40:34] what I have. [5:40:39] >>coun. Champine: we are on [5:40:40] p-2-62. [5:40:42] >>coun. Pe}a: with that, any [5:40:42] discussion? [5:40:44] Seeing none. [5:40:45] Councilor fiebelkorn, councilor [5:40:46] champine. [5:40:47] >>coun. Fiebelkorn: urge your [5:40:47] support. [5:40:54] [Roll call]. [5:40:55] -- [5:40:56] >>coun. Pe}a: second by [5:40:58] councilor champine. [5:40:59] [Roll call]. [5:41:00] >>coun. Baca: yes. [5:41:01] >>coun. Bassan: yes. [5:41:03] >>coun. Champine: yes. [5:41:05] >>coun. Fiebelkorn: yes. [5:41:07] >>coun. Grout: yes. [5:41:09] >>coun. Lewis: yes. [5:41:11] >>coun. Rogers: yes. [5:41:12] >>coun. Telles: yes. [5:41:13] >>coun. Pe}a: yes. [5:41:15] >> passes unanimously. [5:41:18] >>coun. Pe}a: we're now on floor [5:41:20] amendment that actually is [5:41:23] labeled c on the top right-hand [5:41:24] corner. [5:41:25] It will be now floor amendment [5:41:26] number three. [5:41:27] Councilor fiebelkorn and [5:41:27] councilor champine. [5:41:30] >>coun. Fiebelkorn: thank you, [5:41:30] MADAM PRESIDENT. [5:41:33] We're going to put this one up [5:41:33] on the screen. [5:41:37] This one basically just says [5:41:39] that in both -- on page three, [5:41:42] line ten, page four line eight, [5:41:45] interim appointment cannot last [5:41:48] for more than 270 days. [5:41:50] I'm making sure that it looks [5:41:52] like -- that is it. [5:41:55] I'll move that amendment. [5:41:57] >>coun. Pe}a: there's a motion, [5:41:59] and a second by councilor telles [5:42:02] for floor amendment number [5:42:03] three. [5:42:08] Any questions? [5:42:08] Councilor rogers. [5:42:09] >>coun. Rogers: thank you, MADAM [5:42:09] PRESIDENT. [5:42:15] Just a quick question. [5:42:17] 270, how did we arrive at that [5:42:18] many days? [5:42:19] >>coun. Fiebelkorn: thanks for [5:42:20] the question, councilor. [5:42:21] That is consistent with the rest [5:42:23] of the charter. [5:42:25] Since it was already being used [5:42:27] elsewhere, we decided to use it [5:42:29] here. [5:42:30] >>coun. Rogers: thank you. [5:42:32] Just wondering if the admin is [5:42:34] good with the 270 days? [5:42:40] >> MADAM PRESIDENT, councilor, [5:42:43] the consistency is useful in the [5:42:44] charter. [5:42:45] >>coun. Pe}a: councilor [5:42:45] fiebelkorn and councilor [5:42:47] champine to close. [5:42:49] >>coun. Fiebelkorn: urge your [5:42:50] support. [5:42:51] >>coun. Pe}a: MADAM Clerk. [5:42:53] [Roll call]. [5:42:54] Sgrb [5:42:55] >>coun. Baca: yes. [5:42:55] >>coun. Bassan: yes. [5:42:57] >>coun. Champine: yes. [5:42:59] >>coun. Fiebelkorn: yes. [5:43:02] >>coun. Grout: yes. [5:43:04] >>coun. Lewis: yes. [5:43:05] >>coun. Rogers: yes. [5:43:07] >>coun. Telles: yes. [5:43:07] >>coun. Pe}a: yes. [5:43:09] >> passes unanimously. [5:43:11] >>coun. Pe}a: we're now on floor [5:43:12] amendment labeled d in your [5:43:15] packet on the top right-hand [5:43:15] corner. [5:43:17] It will be floor amendment [5:43:18] number four. [5:43:19] Councilor bassan. [5:43:19] >>coun. Bassan: MADAM PRESIDENT, [5:43:22] I'm not moving that one. [5:43:24] Thank you. [5:43:26] >>coun. Pe}a: we have p-2 as [5:43:32] amended three times. [5:43:33] Correct? [5:43:35] Okay. [5:43:41] Any discussion? [5:43:43] Vice PRESIDENT Champine to [5:43:44] close. [5:43:44] >>coun. Champine: I urge your [5:43:47] support for this one. [5:43:51] [Roll call]. [5:43:54] >>coun. Baca: yes. [5:43:56] >>coun. Bassan: no. [5:43:58] >>coun. Champine: yes. [5:44:01] >>coun. Fiebelkorn: yes. [5:44:03] >>coun. Grout: yes. [5:44:06] >>coun. Lewis: yes. [5:44:08] >>coun. Rogers: no. [5:44:11] >>coun. Telles: yes. [5:44:12] >>coun. Pe}a: no. [5:44:15] >> passes on a 6-3 vote. [5:44:16] >>coun. Pe}a: okay. [5:44:20] We're now on to -- oh, companion [5:44:22] bill. [5:44:24] R-30. [5:44:25] Vice PRESIDENT Champine. [5:44:26] >>coun. Champine: thank you, [5:44:29] MADAM PRESIDENT. [5:44:31] R-2-630 is the companion bill to [5:44:32] the p-bill. [5:44:35] Adopting the proposition to be [5:44:37] steent the voters at the next [5:44:38] election. [5:44:40] Concerning amendment to article [5:44:41] five section four of the [5:44:42] albuquerque city charter. [5:44:45] In regards to the city clerk and [5:44:46] city attorney. [5:44:48] This is providing the form of [5:44:49] question and designated clause [5:44:52] for such question. [5:44:56] I make a motion for do pass. [5:44:57] >>coun. Pe}a: there's a motion, [5:44:59] and second by committee of the [5:45:02] whole chair grout. [5:45:11] Vice PRESIDENT Champine to open. [5:45:14] >>coun. Champine: one second, [5:45:32] MADAM PRESIDENT. [5:45:41] >> we have francesco signed up [5:45:45] to speak. [5:45:47] >> just because you can do [5:45:49] something doesn't mean you [5:45:49] should. [5:45:52] How many lifetimes would you [5:45:55] need to forgive someone who knew [5:45:57] you were innocent but broke the [5:46:00] law to cover up having broken [5:46:01] the law while tampering with [5:46:04] evidence to put you in jail for [5:46:07] the crimes they committed? [5:46:10] I pray for theimate release of [5:46:12] public records in the matter of [5:46:15] mayor keller's illegal wall. [5:46:17] Get your affairs in order. [5:46:19] There's no statute of [5:46:22] limitations on conspiracy. [5:46:23] Otherwise, known as organized [5:46:24] crime. [5:46:26] Sooner or letter, the rule of [5:46:30] law will come for you. [5:46:31] Turn yourself in. [5:46:39] MAY GOD for mercy on your soul. [5:46:40] >> that concludes comment, MADAM [5:46:43] PRESIDENT. [5:46:43] >>coun. Pe}a: thank you. [5:46:44] Councilor champine. [5:46:46] >>coun. Champine: thank you, [5:46:48] MADAM PRESIDENT. [5:46:50] Just as the p bill. [5:46:52] The companion part is changing [5:46:54] the hiring interest the city [5:46:56] clerk and city attorney to be [5:46:58] selected from a committee [5:47:00] composed of two from the mayor [5:47:02] and two from the city council [5:47:04] and they should make [5:47:05] recommendation to the full [5:47:06] council. [5:47:07] Again it clarifies the mayor and [5:47:08] committee will recommend to [5:47:12] council the appointee to fill [5:47:15] the city clerk vacancies within [5:47:17] 90 days of the mayor's first [5:47:19] term and successive term as [5:47:22] mayor or upon vacancy of either [5:47:24] one of the offices. [5:47:27] Again, myself we wrote this -- I [5:47:30] wrote this up and we have some [5:47:32] amendments coming forth that I [5:47:36] teamed up with councilor [5:47:44] fiebelkorn. [5:47:46] >>coun. Pe}a: we'll go to the [5:47:48] floor amendments labeled a. [5:47:51] That will be floor amendment [5:47:51] wbnen. [5:47:52] Councilor fiebelkorn and [5:47:52] councilor champine. [5:47:53] >>coun. Fiebelkorn: these are [5:47:56] pretty repetitive from the last [5:47:56] one. [5:47:58] Floor amendment number one is on [5:48:01] page three, line 12, on page [5:48:02] four line ten, we just add in [5:48:06] the language that says that both [5:48:08] the mayor or city council can [5:48:13] remove interim city attorneys. [5:48:14] >>coun. Pe}a: there's a motion [5:48:15] and second by committee of the [5:48:17] whole chair grout. [5:48:18] Any questions? [5:48:19] Seeing none. [5:48:19] Councilor fiebelkorn to close. [5:48:21] >>coun. Fiebelkorn: urge your [5:48:22] support. [5:48:25] [Roll call]. [5:48:27] >>coun. Baca: yes. [5:48:29] >>coun. Bassan: yes. [5:48:30] >>coun. Champine: yes. [5:48:33] >>coun. Fiebelkorn: yes. [5:48:37] >>coun. Grout: yes. [5:48:38] >>coun. Lewis: -- [5:48:44] >>coun. Pe}a: he's excused. [5:48:47] >>coun. Rogers: yes. [5:48:49] >>coun. Telles: yes. [5:48:50] >>coun. Pe}a: yes. [5:48:53] >> passes on an 8-0 vote. [5:48:55] >>coun. Pe}a: we're now on floor [5:48:56] amendment labeled b in your [5:48:59] packet on the right-hand corner. [5:49:00] It will be floor amendment [5:49:03] number two. [5:49:03] Councilor fiebelkorn and vice [5:49:04] PRESIDENT Champine. [5:49:05] >>coun. Fiebelkorn: thank you, [5:49:05] MADAM PRESIDENT. [5:49:06] I'm going to move floor [5:49:08] amendment number two. [5:49:10] Which for both the city attorney [5:49:13] and city clerk clarifies the [5:49:15] beginning of the mayor's term, [5:49:17] whether the first term of new [5:49:21] mayor or second term of the [5:49:25] mayor or -- the mayor shall 90 [5:49:28] days to appoint to council fill [5:49:30] the position. [5:49:31] >>coun. Pe}a: motion and a [5:49:34] second by committee of the whole [5:49:36] chair grout. [5:49:36] Councilor fiebelkorn and vice [5:49:37] PRESIDENT Champine to close. [5:49:38] >>coun. Fiebelkorn: urge your [5:49:39] support. [5:49:41] [Roll call]. [5:49:44] >>coun. Baca: yes. [5:49:47] >>coun. Bassan: yes. [5:49:51] >>coun. Champine: yes. [5:49:54] >>coun. Fiebelkorn: yes. [5:49:56] >>coun. Grout: yes. [5:49:58] >>coun. Rogers: yes. [5:49:59] >>coun. Telles: yes. [5:50:00] >>coun. Pe}a: yes. [5:50:02] >> passes on an 8-0 vote. [5:50:05] >>coun. Pe}a: we're now on floor [5:50:07] amendment labeled c. [5:50:09] It will be floor amendment [5:50:10] number three. [5:50:16] Councilors and -- councilor [5:50:18] fiebelkorn and councilor [5:50:18] champine. [5:50:19] >>coun. Fiebelkorn: I'll move [5:50:20] floor amendment number three. [5:50:24] Page three line 12 and page four [5:50:27] line ten, clarifies both city [5:50:29] attorney and city clerk can be [5:50:33] interim for a total of 207 days. [5:50:35] >>coun. Pe}a: motion and a [5:50:36] second by councilor grout. [5:50:38] any discussion? [5:50:38] Councilor fiebelkorn and vice [5:50:41] PRESIDENT Champine to close. [5:50:41] >>coun. Fiebelkorn: urge your [5:50:45] support. [5:50:47] [Roll call]. [5:50:49] >>coun. Baca: yes. [5:50:50] >>coun. Bassan: yes. [5:50:52] >>coun. Champine: yes. [5:50:54] >>coun. Fiebelkorn: yes. [5:50:57] >>coun. Grout: yes. [5:50:59] >>coun. Rogers: yes. [5:51:00] >>coun. Telles: yes. [5:51:00] >>coun. Pe}a: yes. [5:51:03] >> passes on an 8-0 vote. [5:51:05] >>coun. Pe}a: we're now on floor [5:51:07] amendment labeled b. [5:51:08] It will become floor amendment [5:51:09] number four. [5:51:10] Councilor bassan. [5:51:11] >>coun. Bassan: I'm not going to [5:51:13] move that, MADAM PRESIDENT. [5:51:14] >>coun. Pe}a: okay. [5:51:15] We'll dispose of that. [5:51:17] We're back on the bill as [5:51:24] amended three times. [5:51:26] Back too [5:51:28] -- any questions, [5:51:28] comments? [5:51:29] Councilor champine to close. [5:51:31] >>coun. Champine: thank you, [5:51:32] MADAM PRESIDENT. [5:51:34] Just, again, to reemphasize like [5:51:38] with had [5:51:40] p-bill, and r is the [5:51:41] companion bill. [5:51:43] Certain situations took place in [5:51:47] the past that promoted this idea [5:51:48] of ensuring there's an [5:51:51] independence between the city [5:51:51] attorney and city council and [5:51:54] the mayor's office and changing [5:51:58] the hiring procedure to this [5:51:59] committee to present to the [5:52:04] council as wales -- well-as the [5:52:06] city clerk but clarifying the [5:52:08] times that the city attorney and [5:52:09] city clerk need to be appointed [5:52:11] with an interim deal. [5:52:12] It's really trying to mandate [5:52:14] the city attorney and city clerk [5:52:16] have an employment agreement [5:52:17] with the city that the mayor can [5:52:19] terminate as well as the council [5:52:21] can terminate based on a certain [5:52:29] number of votes and because of [5:52:29] actions. [5:52:31] This also establishes the city [5:52:33] attorney accountable to both but [5:52:35] independent to the mayor and [5:52:36] mayor's office and city council [5:52:39] office as it should be and is [5:52:41] not part either of the executive [5:52:44] branch ear the city council. [5:52:46] It promotes independence of the [5:52:48] city clerk and city attorney not [5:52:50] only have the freedom to [5:52:52] represent both entities of the [5:52:54] government, but also is account [5:52:56] to both entities of the [5:52:57] government in a very well [5:52:59] balanced checks and balances. [5:53:05] With that, I urge your support. [5:53:06] . [5:53:08] >> MADAM PRESIDENT, I apologize [5:53:09] for the interruption. [5:53:11] I just want to make sure we're [5:53:12] ticking all the procedural boxes [5:53:14] for the resolution. [5:53:17] The charter requires when we [5:53:19] have a p-bill going to the [5:53:21] ballot that gets amended, the [5:53:23] city attorney reviews the [5:53:24] language contained in the [5:53:26] summary on the resolution to [5:53:34] ensure it is still consistent. [5:53:35] This is the opportunity before [5:53:39] we take a final vote. [5:53:41] >>coun. Champine: I know the [5:53:43] procedure I didn't know when to [5:53:43] clarify that. [5:53:46] We would need to check with the [5:53:48] city attorney to make sure both [5:53:51] match based on the amendment? [5:53:52] >> I recommend we do that before [5:53:53] we vote. [5:53:56] If there are any edits we can [5:53:58] make those before we make the [5:54:04] final vote on the bill. [5:54:05] >>coun. Champine: I think she [5:54:10] has to go over it now? [5:54:12] >>coun. Pe}a: can we defer it? [5:54:13] >>coun. Champine: we cannot [5:54:17] defer it in the time. [5:54:18] >>coun. Pe}a: that's lot of [5:54:21] pressure to read all that right [5:54:22] now. [5:54:26] Okay. [5:54:27] >>coun. Champine: make a motion [5:54:28] to table while the attorney [5:54:30] reads it over it based on the [5:54:32] amendments that both the p-bill [5:54:33] and r-bill match. [5:54:35] >>coun. Pe}a: there's a motion, [5:54:37] and second by councilor grout to [5:54:42] table this item, which is r-30. [5:54:44] Until our city attorney had an [5:54:49] opportunity to read the bill. [5:54:52] [Roll call]. [5:54:55] >>coun. Baca: yes. [5:54:57] >>coun. Bassan: no. [5:54:58] >>coun. Champine: yes. [5:55:01] >>coun. Fiebelkorn: yes. [5:55:05] >>coun. Grout: yes. [5:55:08] >>coun. Rogers: no. [5:55:09] >>coun. Telles: yes. [5:55:10] >>coun. Pe}a: no. [5:55:13] >> passes on a 5-3 vote. [5:55:14] >>coun. Pe}a: okay. [5:55:18] We'll move on to -- [5:55:18] >>coun. Champine: MADAM [5:55:19] PRESIDENT. [5:55:21] I need to suspend the rules. [5:55:23] I make a motion to suspend the [5:55:25] rules to extend the meeting [5:55:26] until 12:30. [5:55:28] >>coun. Pe}a: motion, and a [5:55:29] second by councilor grout to [5:55:37] tengsd the [Roll call]. [5:55:39] >>coun. Baca: yes. [5:55:42] >>coun. Bassan: no. [5:55:44] >>coun. Champine: yes. [5:55:46] >>coun. Fiebelkorn: yes. [5:55:49] >>coun. Grout: yes. [5:55:51] >>coun. Rogers: no. [5:55:52] >>coun. Telles: yes. [5:56:10] >>coun. Pe}a: no. [5:56:11] >>coun. Bassan: MADAM PRESIDENT, [5:56:12] I'll make a motion for [5:56:30] reconsideration. [5:56:42] >>coun. Pe}a: there's a motion. [5:56:44] [Roll call]. [5:56:46] >>coun. Baca: yes. [5:56:48] >>coun. Bassan: yes. [5:56:49] >>coun. Champine: yes. [5:56:52] >>coun. Fiebelkorn: yes. [5:56:54] >>coun. Grout: yes. [5:56:57] >>coun. Rogers: no. [5:56:58] >>coun. Telles: yes. [5:57:00] >>coun. Pe}a: no. [5:57:05] >> passes on a 6-2 vote. [5:57:06] >>coun. Bassan: MADAM PRESIDENT, [5:57:08] I make a motion to suspend the [5:57:11] rules to extend the meeting [5:57:13] until 12:30. [5:57:14] >>coun. Pe}a: there's a motion [5:57:16] and a second by councilor grout [5:57:20] to extend the meeting to 12:30. [5:57:25] [Roll call]. [5:57:27] >>coun. Baca: yes. [5:57:28] >>coun. Bassan: yes. [5:57:30] >>coun. Champine: yes. [5:57:32] >>coun. Fiebelkorn: yes. [5:57:34] >>coun. Grout: yes. [5:57:36] >>coun. Rogers: no. [5:57:37] >>coun. Telles: yes. [5:57:39] >>coun. Pe}a: no. [5:57:44] >> passes on a 6-2 vote. [5:57:45] >>coun. Pe}a: okay. [5:57:46] >>coun. Rogers: MADAM PRESIDENT, [5:57:48] if there's no one online we [5:57:51] don't have to continue roll call [5:57:51] anymore, correct? [5:57:54] Just want to make sure. [5:58:02] >>coun. Pe}a: correct. [5:58:02] Councilor baca. [5:58:04] Are we on that one? [5:58:09] Yes, we are. [5:58:09] R-56. [5:58:10] >>coun. Baca: MADAM PRESIDENT, [5:58:16] r-56, amending adopted capital [5:58:17] im [5:58:20] imalism [5:58:20] im [5:58:21] imimplementation program. [5:58:24] I move do pass. [5:58:26] >>coun. Pe}a: there was a [5:58:26] motion. [5:58:28] Was there a second? [5:58:34] Second by councilor fiebelkorn. [5:58:39] councilor baca to open. [5:58:42] >>coun. Baca: thank you, MADAM [5:58:42] PRESIDENT. [5:58:44] This is the administration's [5:58:44] request. [5:58:46] If they have anything to say, I [5:58:54] open the floor to DR. Sengel. [5:58:57] >>coun. Pe}a: okay. [5:58:58] >> MADAM PRESIDENT, I apologize. [5:59:00] I was sleeping. [5:59:00] I want actually. [5:59:05] But I was reading. [5:59:11] This item is -- I apologize. [5:59:12] >>coun. Pe}a: I don't know that [5:59:14] you need to open, open. [5:59:18] I think we're good. [5:59:19] >>coun. Pe}a: I'll go to [5:59:21] questions by councilors. [5:59:24] You have an amendment? [5:59:25] Okay. [5:59:25] Councilor rogers. [5:59:26] >>coun. Rogers: thank you, MADAM [5:59:26] PRESIDENT. [5:59:28] I'd like to move floor amendment [5:59:32] a, or number one. [5:59:32] R-26-66. [5:59:37] Page one, line 26, insert the [5:59:37] following. [5:59:39] Section 2, the following project [5:59:43] scope is changed. [5:59:47] Project title district six food [5:59:48] security source of the 25 go [5:59:49] bond. [5:59:51] These changes add a project to [5:59:52] provide rez [5:59:53] sident of city council [5:59:56] district six with a facility or [5:59:59] locations to grow fresh fruit [6:00:00] and vegetables. [6:00:04] I urge your support. [6:00:06] >>coun. Pe}a: is there a second? [6:00:09] There's a motion, and a second [6:00:11] by councilor grout for a floor [6:00:12] amendment number one. [6:00:18] Any discussion? [6:00:19] >>coun. Champine: thank you, [6:00:19] MADAM PRESIDENT. [6:00:21] Just a point of clarification. [6:00:26] Is the city providing the land? [6:00:27] >>coun. Rogers: thank you, vice [6:00:28] president champine. [6:00:32] We're planting on different city [6:00:33] location like community centers [6:00:35] that already have gardens and [6:00:37] also parks. [6:00:38] We put council district six. [6:00:40] The money was in youth and [6:00:43] families, but we needed to put [6:00:45] them at city locations we [6:00:48] already have planned that exist. [6:00:48] >>coun. Champine: perfect. [6:00:51] Thank you for that. [6:00:53] >>coun. Pe}a: does this come [6:00:54] with the same time frame to get [6:00:56] it done? [6:00:57] >>coun. Rogers: yes, MADAM [6:00:58] PRESIDENT. [6:01:00] It would be included -- I didn't [6:01:01] change the substance of the bill [6:01:02] for the timeline change. [6:01:08] We do have a timeline for the go [6:01:11] bond already. [6:01:11] >>coun. Pe}a: okay. [6:01:17] [Roll -- [6:01:21] >>coun. Pe}a: all those in favor [6:01:24] of floor amendment number one, [6:01:29] say yes and raise your hand. [6:01:35] We are back on the bill as [6:01:35] amended. [6:01:36] Councilor baca. [6:01:38] Questions from councilors? [6:01:38] No. [6:01:42] >>coun. Baca: I urge your [6:01:45] support. [6:01:47] >>coun. Pe}a: all those in favor [6:01:51] of r-56, say yes and raise your [6:01:52] hand. [6:01:54] Opposed, same motion. [6:01:58] Motion passes unanimously. [6:02:01] We're now on r-57. [6:02:03] Dedicating state capital outlay [6:02:04] funds to specific projects and [6:02:08] spaces and requiring council [6:02:10] approval of changes. [6:02:11] I have to apologize, councilor [6:02:16] rogers, I thought this -- I'm [6:02:18] getting tired -- in this actual [6:02:18] bill. [6:02:20] I would have voted yes. [6:02:21] We can't change it now. [6:02:26] i would have voted yes. [6:02:33] Councilor fiebelkorn. [6:02:33] -- [6:02:35] >>coun. Fiebelkorn: I move do [6:02:35] pass. [6:02:36] >>coun. Rogers: second. [6:02:37] >>coun. Pe}a: there's a motion [6:02:38] and second by councilor rogers [6:02:42] for do pass of r-57. [6:02:44] >>coun. Fiebelkorn: thank you, [6:02:45] MADAM PRESIDENT. [6:02:49] I did not want to propose this [6:02:50] bill. [6:02:52] I still don't want to pass it. [6:02:54] I have gotten to the point where [6:02:56] I cannot get projects completed [6:02:57] in my district. [6:02:59] The administration just will not [6:03:01] work with me. [6:03:03] I have been in office for four [6:03:04] and a half years. [6:03:15] I have gotten one road capital [6:03:16] outlay state project completed [6:03:17] in four years. [6:03:20] My breaking point came when [6:03:21] capital outlay amount of money [6:03:24] that I raised quite a few years [6:03:26] ago, and it's very clearly [6:03:27] supposed to be for three [6:03:29] projects and the administration [6:03:31] has repeatedly used for [6:03:33] different project mchdz despite [6:03:35] the fact that I'm willing to [6:03:36] raise the money and I'm the one [6:03:38] that talks to legislators and [6:03:40] promised what the money is going [6:03:41] to be spent on. [6:03:43] That followed up with another [6:03:45] project that they changed the [6:03:46] place they're going to be [6:03:47] implementing something without [6:03:50] any discussions with me. [6:03:52] I just don't think this is good [6:03:53] government. [6:03:56] I do appreciate the call from [6:04:01] the cao today. [6:04:02] So, I am going to go ahead and [6:04:04] move the amendments and get [6:04:06] things going. [6:04:08] And I'll move for deferral. [6:04:11] if the cao was honest about what [6:04:13] she said in the call which is [6:04:14] she's going to work with the [6:04:16] city councilors that raised this [6:04:18] money to get projects completed [6:04:20] in city council districts. [6:04:22] If that is the promise that is [6:04:25] made on this dais, I will move a [6:04:27] deferral to see how much we can [6:04:29] actually get done before we hear [6:04:30] this bill again. [6:04:34] I would like to first move the [6:04:38] amendment to get the bill ready. [6:04:39] >>coun. Pe}a: thank you, [6:04:40] councilor fiebelkorn. [6:04:43] I actually only have one [6:04:44] amendment. [6:04:44] Councilor rogers. [6:04:46] >>coun. Rogers: thank you, MADAM [6:04:46] PRESIDENT. [6:04:48] This will be amendment on page [6:04:55] two, after line 23, add and [6:04:57] amend section one as follows, [6:04:58] albuquerque teen recreation [6:04:59] center. [6:04:59] Same thing. [6:05:02] Just want to make sure this is [6:05:03] as intended. [6:05:05] And so, just add additional [6:05:08] state capital projects that was [6:05:13] already approved by state. [6:05:14] Worked with MR. Whelan and think [6:05:16] we can do the same thing. [6:05:19] Get to a good resolution before [6:05:20] our next council meeting. [6:05:21] I urge your support on the [6:05:22] amendment. [6:05:23] >>coun. Pe}a: we need a motion. [6:05:24] >>coun. Rogers: thank you. [6:05:26] I move the amendment. [6:05:27] >>coun. Pe}a: there's a motion, [6:05:28] and a second by councilor [6:05:29] fiebelkorn for floor amendment [6:05:30] number one. [6:05:33] All those -- councilor bassan. [6:05:34] >>coun. Bassan: MADAM PRESIDENT, [6:05:36] I know that I received -- I [6:05:37] believe it went to all the [6:05:39] councilors regarding a potential [6:05:40] for separation of powers issue. [6:05:42] i'd like to ask for [6:05:43] clarification on that. [6:05:47] In addition, because of that, I [6:05:49] struggle to -- it's not personal [6:05:53] to anybody, but if there's a [6:05:55] risk of separation of powers [6:05:56] issues that I could potentially [6:05:59] see this being, but I'd love to [6:06:00] hear from the city attorney [6:06:02] before I end up voting on this [6:06:04] amendment or the bill. [6:06:05] >>coun. Fiebelkorn: if I can [6:06:06] clarify, there are two [6:06:07] amendments coming up that [6:06:10] address the separation of powers [6:06:16] issue. [6:06:20] >>coun. Pe}a: okay. [6:06:24] We'll -- [6:06:27] >> yes, we did receive a message [6:06:28] identifying two potential [6:06:30] separation of powers issues. [6:06:32] And I'll defer to the city [6:06:34] attorney if I say anything [6:06:35] incorrect based on that [6:06:36] analysis. [6:06:39] There could be an issue with [6:06:40] giving a deadline to complete a [6:06:44] work order of SEPTEMBER 30th. [6:06:46] And then, an issue with section [6:06:49] two of the bill which would [6:06:52] require approval by the [6:06:53] councilor whose district a [6:06:57] project is located in to pursue [6:07:01] a change to the project scope. [6:07:03] And the issue raised there was [6:07:05] that the initial project is [6:07:07] approved by the council as a [6:07:09] body and that can be changed [6:07:11] with consent from one councilor. [6:07:13] As councilor fiebelkorn [6:07:15] mentioned, there are amendments [6:07:17] later on in the ipads that [6:07:18] weren't printed out because we [6:07:20] couldn't get to them before we [6:07:22] got this analysis. [6:07:24] But we can talk about those [6:07:29] further when we get to those. [6:07:30] >>coun. Bassan: I guess have a [6:07:31] follow-up question. [6:07:35] Do those amendments relate to [6:07:36] this particular amendment that [6:07:39] we're currently discussing as [6:07:43] well? [6:07:45] >>coun. Pe}a: I didn't hear an [6:07:45] answer. [6:07:47] That was a yes? [6:07:51] >> MADAM PRESIDENT, the [6:07:52] amendment that is by councilor [6:07:55] rogers is separate from the ones [6:07:57] drafted by the response from [6:07:59] notification from city legal [6:08:00] today. [6:08:01] >>coun. Rogers: thank you, MADAM [6:08:01] PRESIDENT. [6:08:03] I just kept the exact same scope [6:08:07] that was approved by the state. [6:08:09] So, we're not trying to -- [6:08:10] there's no -- I don't think [6:08:11] separation of powers -- I'm [6:08:13] trying to make sure the word I [6:08:15] gave to my legislator of how we [6:08:16] spend this money. [6:08:19] I'm not doing it for all the [6:08:21] capital we have at the city in [6:08:22] my district, just the ones I [6:08:24] asked my legislators for funding [6:08:27] for to make sure it gets spent [6:08:28] in that way. [6:08:30] >>coun. Pe}a: any questions or [6:08:30] comments? [6:08:33] I'll just say that, yeah, I [6:08:34] voted wrong on the last bill. [6:08:36] This one, I just can't support [6:08:36] it. [6:08:38] I'm glad to hear you're asking [6:08:41] for two week deferral to figure [6:08:42] this out. [6:08:45] This bill asks for projects in [6:08:45] districts. [6:08:47] I know I have similar concerns [6:08:51] in my area and I would actually [6:08:53] do an amendment to this add to [6:08:55] my projects to it as well like [6:08:57] every other city councilor would [6:08:59] do that and that would bog down [6:09:02] the whole -- I don't know if [6:09:06] that's good government to do [6:09:06] that. [6:09:07] I can't support the amendment or [6:09:09] the bill, but I'm glad to hear [6:09:10] it looks like there's going to [6:09:14] be discussion and maybe some [6:09:16] kind of concession. [6:09:18] With that, if there's no other [6:09:20] questions -- all those in favor [6:09:21] of floor amendment number one [6:09:28] raise your hand and say yes. [6:09:30] Oppose, no. [6:09:38] That motion passes on a 6-2. [6:09:43] Now, we are back on r-57 as [6:09:43] amended. [6:09:46] And are there any questions? [6:09:47] >>coun. Fiebelkorn: I have [6:09:49] additional amendments. [6:09:51] >>coun. Pe}a: oh, you do? [6:09:52] There's more amendments. [6:09:53] I'm sorry about that. [6:09:55] I just don't have them in front [6:09:56] of me. [6:09:58] >>coun. Fiebelkorn: if they can [6:10:11] pull those up please. [6:10:16] While ware we're waiting I think [6:10:16] the [6:10:20] the up of times spent lobbying [6:10:22] today would have -- this is [6:10:27] floor amendment number two to [6:10:27] r-26-57. [6:10:29] And it deletes the requirement [6:10:31] for work order for the one [6:10:32] project that unfortunately will [6:10:35] not be completed by this date. [6:10:36] And unfortunately that means a [6:10:39] project that is funded in 2023 [6:10:42] will have a contract expire and [6:10:43] you'll have to get a new [6:10:45] contract and the price will go [6:10:46] up again. [6:10:48] But, given the administration's [6:10:52] time today to figure out what is [6:10:53] a separation of power rather [6:10:54] than moving the project forward, [6:10:56] I'm happy to delete that line. [6:10:59] I move that amendment. [6:11:00] >>coun. Pe}a: there's a motion, [6:11:02] and a second, for floor [6:11:09] amendment number two. [6:11:10] The second was by councilor [6:11:11] rogers. [6:11:14] Any discussion? [6:11:16] >>coun. Fiebelkorn: I urge your [6:11:16] support. [6:11:17] >>coun. Pe}a: all those in favor [6:11:19] of floor amendment number two, [6:11:23] raise your hand and say yes. [6:11:25] Opposed? [6:11:26] >>coun. Fiebelkorn: thank you, [6:11:27] MADAM PRESIDENT. [6:11:29] I have an additional floor [6:11:31] amendment. [6:11:33] Number three. [6:11:38] And this changes the wording [6:11:39] from the individual city [6:11:41] councilor representing the [6:11:43] district to prior approval by [6:11:45] the city council because I know [6:11:47] that no city councilor up here [6:11:49] on the dais would interfere with [6:11:51] what's going on in my district [6:11:53] just like I wouldn't afear with [6:12:00] what's going on in their [6:12:01] district [6:12:02] district. [6:12:02] Projects I raised money for from [6:12:04] state legislators with promises [6:12:07] of specific think [6:12:07] gs in my [6:12:09] district that would get done. [6:12:10] I urge your support for floor [6:12:13] amendment number three. [6:12:14] >>coun. Pe}a: did we make a [6:12:15] motion on that? [6:12:16] >>coun. Fiebelkorn: I motioned [6:12:18] and councilor rogers just [6:12:18] seconded. [6:12:19] >>coun. Pe}a: there's a motion [6:12:20] and a second by councilor rogers [6:12:22] for floor amendment number [6:12:22] three. [6:12:24] Is there any discussion? [6:12:25] Seeing none. [6:12:28] All those in favor of floor [6:12:29] amendment number three raise [6:12:31] your hand and say yes. [6:12:32] Opposed, no. [6:12:34] Motion carries unanimously. [6:12:38] We're back on the bill as [6:12:44] amended. [6:12:45] >>coun. Fiebelkorn: before I [6:12:47] close, I'd like to hear from the [6:12:48] cao to get the promises that [6:12:50] were made on the phone today on [6:12:51] the public record. [6:12:53] And make sure that there's going [6:12:57] to be some movement on some of [6:12:59] the projects before the next [6:13:03] meeting because I do believe [6:13:05] despite of all of the phone [6:13:08] calls, I can get this bill [6:13:10] passed and get the money spent [6:13:13] the way I want it spent. [6:13:14] >> MADAM PRESIDENT, councilor [6:13:16] fiebelkorn, we had a [6:13:17] conversation today by phone [6:13:18] discussing the items -- the [6:13:21] projects listed in here and some [6:13:23] of the concerns that were raised [6:13:24] and addressed through [6:13:25] amendments. [6:13:27] I made that commitment to you [6:13:30] today to work on those projects [6:13:33] to move them forward and get us [6:13:34] moving long. [6:13:36] You and I talked about the [6:13:37] specific median project that had [6:13:40] the date in it, which we had the [6:13:41] debate of the conversation [6:13:44] related to the department's [6:13:46] selection of medians within that [6:13:49] scope based upon the demand and [6:13:51] need for specific improvements [6:13:55] and conditions being weighed. [6:13:58] And the department weighing [6:13:59] conditions of the ones [6:14:00] identified were severely worse. [6:14:02] We had that conversation as well [6:14:04] around the pricing changes that [6:14:07] occur when we delay and how we [6:14:09] can think through getting these [6:14:11] projects done. [6:14:13] I think I -- because I want to [6:14:14] make sure I say it on the [6:14:14] record. [6:14:17] I support the department's [6:14:19] prioritization of the medians [6:14:21] that were without water, without [6:14:24] irrigation, and without the [6:14:26] needs for that area and [6:14:27] understand that we're going to [6:14:29] work together to get the [6:14:31] projects moving and moving as [6:14:33] quickly as we can. [6:14:35] I couldn't promise the date, but [6:14:36] we'll move the project along in [6:14:38] the medians. [6:14:39] >>coun. Fiebelkorn: I just want [6:14:42] to clarify, in this bill it's a [6:14:44] very specific section of the [6:14:44] medians that will be moved [6:14:45] forward. [6:14:48] If you're not willing to commit [6:14:50] to that, I'm not going to move [6:14:50] deferral. [6:14:52] I'm just going to pass the bill. [6:14:55] Are we going to work on the [6:14:56] project that I have promised the [6:14:59] community and the state capital [6:15:01] outlay providers? [6:15:03] >> what I said to you this [6:15:05] morning is we moved forward on [6:15:07] those that you announced. [6:15:08] >>coun. Fiebelkorn: it's going [6:15:10] to be what is in this bill that [6:15:11] we're going to be working [6:15:12] together on. [6:15:14] I want to clarify there are two [6:15:16] items in there for councilor [6:15:17] rogers and I expect those would [6:15:19] be considered part of this bill [6:15:21] and movement on those projects [6:15:23] would also happen. [6:15:25] >> MADAM PRESIDENT, councilor [6:15:25] fiebelkorn, I believe that we [6:15:29] are working on those projects [6:15:30] actively right now. [6:15:32] I have no concern about those. [6:15:34] >>coun. Fiebelkorn: and lastly, [6:15:36] I want to, again, say how [6:15:38] incredibly frustrating it is to [6:15:42] be accused of stealing by staff [6:15:44] and I appreciate that you said [6:15:46] that was wrong, but I think you [6:15:49] need to do more to clarify with [6:15:53] staff how capital outlay works [6:15:54] and when a city councilor up [6:15:56] here goes and gets capital [6:15:57] outlay money and they wanted to [6:15:59] be used for what they promised, [6:16:01] that is not stealing. [6:16:03] In any way, shape or form. [6:16:06] And the idea that was said and [6:16:08] backed up by a department [6:16:10] director is unconscionable and I [6:16:12] don't expect it to happen again. [6:16:13] >> MADAM PRESIDENT, councilor [6:16:15] fiebelkorn, as we said today, I [6:16:18] felt that the words -- the word [6:16:20] of stealing was definitely [6:16:23] inappropriate use of that word. [6:16:25] And I can't speak to exactly how [6:16:26] it was discussed. [6:16:30] As I said, I apologize for that [6:16:32] choice of words. [6:16:33] >>coun. Fiebelkorn: thank you. [6:16:35] Given this commitment on the [6:16:37] record by the cao to move [6:16:38] something forward in district [6:16:40] seven, and so that I can report [6:16:42] back to my constituents that [6:16:44] I've gotten more than one [6:16:46] project finished in four and a [6:16:48] half years, I'll move deferral [6:16:50] for two weeks. [6:16:51] >>coun. Pe}a: there's a motion [6:16:55] and a second for deferral. [6:17:00] [Inaudible]. [6:17:01] >>coun. Grout: thank you, MADAM [6:17:01] PRESIDENT. [6:17:03] I appreciate you bringing this [6:17:03] forward. [6:17:09] And also deferring it. [6:17:14] My question is, respectfully, is [6:17:17] this going to push our projects [6:17:20] to the side? [6:17:21] >> MADAM PRESIDENT, councilor [6:17:23] grout, I think our department is [6:17:25] incredibly capable of managing [6:17:26] projects. [6:17:29] I know that we are all [6:17:30] frustrated with many projects [6:17:31] taking longer than we wanted. [6:17:34] I think we had a conversation, I [6:17:35] can't remember which councilor, [6:17:40] around the ordering and backlogs [6:17:42] we've had. [6:17:44] I've also had conversations [6:17:45] about the ways in which we can [6:17:47] provide updates on projects and [6:17:50] I think that we have had [6:17:53] improvement in that space with [6:17:55] other staff attending meetings. [6:17:56] we're open to thinking through [6:17:58] other ways to continue to give [6:17:59] updates. [6:18:00] I would like to move projects [6:18:05] just as fast as anyone of you [6:18:05] councilors. [6:18:07] I might be one of the most [6:18:09] impatient people in regards to [6:18:10] getting projects moving and [6:18:11] getting things done. [6:18:13] I'm moted in the same way. [6:18:15] I can't promise you what this [6:18:17] actually impact is for any [6:18:17] project. [6:18:21] Does that make sense? [6:18:22] I can promise you we're paying [6:18:24] attention to all of our projects [6:18:26] and moving forward. [6:18:27] My commitment to councilor [6:18:28] fiebelkorn today was to look at [6:18:30] the projects in her district and [6:18:34] make sure we aren't unbalanced [6:18:35] in where we're getting work [6:18:36] done. [6:18:38] >>coun. Grout: MAY I follow up? [6:18:40] Can you get me a timeline of [6:18:44] when the roads that have been [6:18:46] announced that they would be [6:18:47] surfaced in my district. [6:18:49] I've asked for that a few times [6:18:50] and I haven't gotten it. [6:18:51] >> MADAM PRESIDENT, we'll [6:18:53] provide an update for you. [6:18:54] >>coun. Grout: thank you. [6:18:57] >>coun. Pe}a: before we go to [6:19:00] it -- I will add a couple [6:19:00] comments. [6:19:02] The first one is the same that [6:19:04] councilor grout just asked. [6:19:07] My projects are moving -- we're [6:19:09] moving these up or around, and I [6:19:10] don't know where they fall. [6:19:12] Is that going to delay my [6:19:13] projects? [6:19:15] If that's the case, I'd like [6:19:17] some surety that's not going to [6:19:18] happen. [6:19:20] If that's going to happen I'll [6:19:23] have some of amendments to add [6:19:28] to this as well. [6:19:30] i think some of the comments are [6:19:32] threatening to holdia [6:19:32] ia [6:19:36] ia you to a [6:19:38] certain standard and using you [6:19:40] have the votes here. [6:19:42] That goes against quorum issues. [6:19:43] I don't think that anybody of us [6:19:45] can rely and say you do this [6:19:46] because I have the votes. [6:19:49] I think that's a very concerning [6:19:55] language to be used. [6:19:59] I understand the councilor. [6:20:01] I am there. [6:20:02] I have projects. [6:20:04] It's road paving. [6:20:07] Yeah, that's very alarming to [6:20:07] me. [6:20:09] Anyway, there's a motion -- [6:20:10] councilor fiebelkorn to close. [6:20:11] >>coun. Fiebelkorn: thank you, [6:20:12] MADAM PRESIDENT. [6:20:14] I stand by everything I said. [6:20:16] Today is the first time I've [6:20:19] gotten actually updates on [6:20:21] projects and movement forward. [6:20:23] If this is what it takes to get [6:20:24] something done for my district, [6:20:28] I will do it again and again. [6:20:30] I do urge your support for the [6:20:30] deferral. [6:20:33] And I hope that we can withdraw [6:20:37] the bill when we come pack. [6:20:37] -- back. [6:20:39] That remains to be seen. [6:20:41] >>coun. Pe}a: motion and second [6:20:43] for two-week deferral. [6:20:46] All those in favor say yes and [6:20:49] raise your hand. [6:20:50] Passes unanimously. [6:20:54] I think we need a motion to [6:20:55] untable. [6:20:55] >>coun. Champine: I make a [6:20:58] motion to untable r-26-30. [6:20:59] >>coun. Pe}a: there's a motion [6:21:05] and a second to untable r-30 by [6:21:09] councilor rogers. [6:21:09] Vice PRESIDENT Champine. [6:21:10] Any discussion? [6:21:13] Seeing none. [6:21:14] questions? [6:21:15] All those -- no? [6:21:17] >>coun. Bassan: I have a [6:21:17] question. [6:21:19] I thought that the reason we [6:21:21] tabled it was because why need [6:21:22] the city attorney to approve [6:21:24] whether or not it was accurate [6:21:24] or not. [6:21:25] >>coun. Pe}a: correct. [6:21:30] We had to untable the bill. [6:21:32] >>coun. Bassan: thank you. [6:21:34] >>coun. Pe}a: we're all getting [6:21:34] tired. [6:21:36] Our first meeting back and not [6:21:39] being up like this, I think it's [6:21:41] taking a toll on all of us. [6:21:44] All those in favor of untabling [6:21:47] r-30, raise your hand and say [6:21:47] yes. [6:21:48] Opposed, same motion. [6:21:52] Motion passes unanimously. [6:21:53] Vice PRESIDENT Champine. [6:21:54] >>coun. Champine: I do believe [6:21:57] our city attorney has reviewed [6:22:01] both p-bill and r-resolution and [6:22:04] confirmed they're matching and [6:22:05] good to go. [6:22:08] I'll look to her for [6:22:08] confirmation. [6:22:10] >> MADAM PRESIDENT, that's [6:22:10] correct. [6:22:13] I met with MS. Coulloudon to [6:22:15] discuss amendments that would [6:22:16] streamline this process to [6:22:18] eliminate the need for both the [6:22:19] resolution and p-bill. [6:22:21] Including eliminating the [6:22:22] summary itself which is actually [6:22:25] no longer necessary in [6:22:27] conforming to state law. [6:22:28] I think we should move forward [6:22:30] with those and make it easier on [6:22:33] the council. [6:22:36] >>coun. Pe}a: we have [6:22:37] confirmation. [6:22:38] Vice PRESIDENT Champine, if [6:22:40] there's no questions from [6:22:40] councilors, vice PRESIDENT [6:22:41] Champine to close. [6:22:43] >>coun. Champine: I urge your [6:22:43] support. [6:22:45] >>coun. Pe}a: we are now on the [6:22:49] final passage of r-30. [6:22:52] All -- as amended. [6:22:53] Three times. [6:22:55] All those in favor say yes and [6:22:57] raise your hand. [6:23:00] Opposed, no. [6:23:02] I meant to say no. [6:23:04] That's how tired I am. [6:23:09] I'm a no. [6:23:19] 5-3. [6:23:21] There being no further business, [6:23:23] this city council meeting is