And then there's that.

Good evening.

It's November 5th, 2025, the 41st meeting of the 26th Council will come to order.

All counselors will be present this evening with Counselor Sanchez joining via Zoom and Counselor Lewis coming up just a little bit later this evening.

We're going to start with a moment of silence, followed by the Pledge of Allegiance in English and then in Spanish.

One is justice.

Civic Plaza parking passes are provided for members of the public.

You can obtain a parking pass from council staff at the table near the chamber's entrance.

Members of the public city staff and the media have the ability to view this meeting in person and on live streams through four different platforms.

Gov TV on Comcast Channel 16, the Gov TV website, YouTube, and Zoom webinar.

The live streams can be accessed from most smartphones, tablets, or computers.

Also, this meeting is closed captioned, and you may enable the closed captioning services on your television or device at this time.

The video recording of this and all past council meetings will remain available for viewing at any time on the city council's website.

Council staff is available via telephone if members of the public need assistance finding the videos online.

Please call 505-768-3100 for assistance during business hours Monday through Friday, 8 a.m.

to 5 p.m.

The council will take a break at approximately 7 p.m.

this evening if needed.

With regard to decorum in the chambers, we want tonight's proceeding to be as civil and respectful as possible.

Please do not make any personal attacks and please no applause, snapping, or other outbursts during the meeting.

I will provide one warning to anyone causing a disruption.

Upon the second or continued disruption, that individual will be asked to leave the chambers, and if necessary, security will be asked to escort that person out of the chambers.

Such removal from the council chambers will be effective for the remainder of the meeting.

And if continued disruptions occur, I may recess the meeting until order is restored and if necessary may clear the chambers of persons participating in the disturbance.

This meeting will go a lot smoother if we are respectful of one another.

Counselors, we're going to change the agenda around a little bit and begin with our appeal this evening.

So we're going to move to item 11, appeals AC 2502.

Cynthia Hernandez, applicant, appeals the zoning hearing examiner's decision to deny a permit, wall or fence major and a variance of three feet to the maximum three-foot wall height in the front yard for the property located at 3421 Abbey Court Northwest, zoned RT PR 2025 020042 MZP 2025 00003 and V8 2025 00015.

Thank you, Madam President.

Good evening, counselors.

The zoning hearing examiner determined that the application should be denied because the applicant failed to satisfy what's called the 20% rule for front yard fences exceeding three feet in height.

The 20% rule requires that 20% of the properties within 330 feet and on the same street as the property must also have front yard walls or fences that are taller than three feet in height.

The applicant appealed the decision of the ZHE to deny the applications to the city council, who referred the appeal to the land use hearing officer.

And the Luho recommends that the city council deny the appeal and uphold the ZHE's uh decision to deny the wall permit and variance.

In reviewing the ZHE's application of the 20% rule, the LUHO found that because there were 15 total properties within 330 feet and on the same street as the property, the applicant must show three properties with taller walls.

However, the evidence produced showed there were only two properties with taller walls.

The appellant does not dispute the ZHE's conclusions or the evidence in the record that supported the decision to deny the application.

Instead, the Luho found that in the appeal, the appellant essentially resubmitted the same evidence she submitted with her application to the ZAG and argued that the fence is necessary to protect the children that she cares for in her daycare business that she operates from the home.

So the Luho concluded that the ZHE's finding that the appellant failed to satisfy the 20% rule is supported by substantial factual evidence and should be upheld.

The Luho recommends that the appeal be denied and the ZHE's denial of the wall permit and variance requests be upheld.

And this is the accept or reject stage, so you will not hear from the applicant appellant.

Um but I'll do my best to answer any questions that you may have.

Counselors, would anybody care to make a motion?

Or do you have any questions?

Madam Vice President.

Um thank you, Madam President.

Just a couple of questions.

I know this is something that's come up with um some of the um recommendations for changes for um fence heights.

This has been a proposed for the IDO.

Um, you know, I I don't see the planning director here, but I guess maybe my question is is that how do we address there's tons in like in District Three that are over this height, right?

And I know it turns into it's a stretch.

Okay.

Okay.

Okay.

I got it.

Yeah, I just Madam President.

Tell me what the um sorry, Madam President.

Um, what is the the rule, the current rule?

Maybe that's what uh so currently, Madam President, uh Counselor uh Pena, the the IDO currently allows for front and side yard walls and fences at three feet in height.

Um, and then to exceed that you're you're required to obtain a wall permit major, which is where the 20% rule um kicks in.

Um and so as of right now, the IDO allows for three feet in height.

So, madam president, so I'm trying to be careful with what I ask.

So if there's you're kind of justified for having it if other neighbors have it, Madam President and Madam Vice President, it's correct.

Okay, okay, thank you so much.

Counselors, I will make a motion to accept the Luho recommendation and findings.

There's a second from Councillor Grout.

Any other questions or comments seeing none, the motion is to accept the Luho recommendation and findings.

Madam Clerk, if you'll call the rule.

Councillor Backa.

Yes, Counselor Champagne.

Yes, Councilor People Court.

Yes.

Counselor Grapp.

Yes, Counselor Lewis, yes.

Vice President Pinion.

No.

President, or I'm sorry, Counselor Rogers.

Yes.

Counselor Sanchez.

President Bassun?

Yes.

That's it.

That passes on a 7-2.

All right, counselors.

We're going to move back in our agenda to agenda item number three proclamations and presentations.

We have none this evening.

So next will be administration question and answer period.

Councilor Champagne.

Thank you, Madam President.

I just have a handful of questions tonight.

Um she smiled and knew.

Uh, Madam President, uh, it's let me see where I'm gathering her.

Uh APD recently did a settlement of in doing with the uh um academy.

And I'm just kind of curious.

My question was where does that settlement funding come from?

Uh Madam President, Councillor Champagne, I believe uh city attorney Lauren Keefe is on the online to be able to respond.

She's not online yet.

She might not, I don't know if she knew.

I there was a request by a counselor to move QA up on the agenda tonight.

So it was a little bit earlier.

I don't know if we want to bounce back towards the end of QA if you want.

Counselor.

Okay.

Counselor Champagne.

Hi, City Attorney Uh Lauren Keefe is online to respond to your question regarding the recent APD Academy uh case.

Good evening, Miss Keefe.

Good evening.

Counselor, if you want to go ahead and ask the question again.

Madam President, uh Ms.

Keefe, I APD recently settled a lawsuit in reference to the uh the academy, uh the training academy, and I'm kind of curious on where the settlement funding comes from.

Um Madam President, Councillor Champaign, uh, in fact, we took that case to trial.

Uh we did not settle the lawsuit.

Uh unfortunately, we also did not prevail at trial.

We um intend to appeal the verdict.

The judge made some legal rulings that we believe are incorrect, and that we have some solid grounds for to appeal.

Um, but so that so yeah, unfortunately that was the result.

There was a ruling against the city.

So if then I'll ask a different question then.

If the ruling doesn't, if you're not able to appeal it, where would the funding of the settlement come from?

Oh, okay.

So uh Madam President, Councillor Champaign, the funding comes from the risk fund.

The risk fund, okay.

Yes, perfect.

Thank you, Ms.

Keith.

You're welcome.

If if Madam President, CAO, if if it isn't appealed and it does stand that the administration was at fault, and I don't know if you can answer this, but um is there any is there a reprimand that the chief does for like conduct unbecoming or I don't I don't know.

I mean, when I made a mistake, there was always that catch-all of conduct unbecoming, you did something that the department doesn't like.

If it's found that an officer makes a mistake, there's always an internal investigation and charges internal charges in the sense of again violating SOP.

Is there something in that in the SOP for the chief that it's found in the settlement or not in the settlement, but it's found in this trial that he did wrong?

Uh Madam President, Councillor Champagne, I'm looking at um city attorney.

And Keith, just because I I know she's want to make I want to make sure I don't say anything on record that of course would be an issue for the for the case.

So I just need a nod from her as to whether or not she wants me to respond.

No, I I can respond.

Um if it's all right with the counselor.

Yes, ma'am.

Um okay, so councilor president, counselor champagne.

I don't think the the verdict doesn't necessarily imply that Chief Medina or or anyone at APD did anything wrong.

Now, to be clear, so there was an investigation into the conduct of the academy instructors.

Uh there was a finding that they had violated SOPs, and they were all issued verbal reprimands.

Um the jury's you know, determination that um that that discipline shouldn't have been enacted, does not mean that anyone who was involved in the disdisciplinary process did anything wrong.

I mean, they I think they all acted in good faith, uh, believing that the conduct in question violated APD's SOPs.

Okay.

Thank you, uh, Ms.

Keefe for that answer.

That's awesome.

Okay.

Um president, uh my next question.

The administration just and and I don't know, Ms.

Keefe, you might need to stay on because it's probably going to be an answer for you.

Um the administration just announced that it was going into a lawsuit, reference the money that was not being refunded or not given to the rail trail.

Um this is me just kind of learning even in year two of how the process works, but how does the administration have carp blanch to enter the entire city government into a lawsuit without yeah, and it's probably for Ms.

Keefe.

I just don't understand when we pass a butt a bill that goes to the mayor's office for signature or veto, how is it that one part can go into a lawsuit without checking with another part?

Sure.

So um, Madam President, Councillor Champaign, um, under our system, the executive branch does have the authority to decide whether to enter into litigation.

And so I do need you know approval from the CAO and from the mayor, but we do not need approval from city council unless it's um, you know, there are certain there's an there's an ordinance and there's certain actions you know that directly relate to council where I might need their approval.

Um but in terms of the funding, um, unless you know we would have to go to council if we needed new money for the litigation, but if it if we can rely on someone's existing budget, or if um I can rely on my existing staff, which in this case most of the work was done by my staff, um we don't need new money, then we wouldn't be any have a need to go to council for that.

But so we we have to find money within the existing budget in order to do this.

Okay, madam president, Ms.

Keefe, does what's the ordinance that allows the administration to do or the executive to do that?

Do you know right about that?

Uh uh uh Madam President, uh Councillor Champagne is really a city charter uh in the city charter granting executive power to the mayor.

And does the city charter, and this is again you madam president, does the city charter also allow the council to go into a lawsuit without uh we have the same power?

Madam President, Councilor Champagne, yes.

If if council wanted to enter a lawsuit um for its purposes, it would not need approval from the mayor.

Very cool.

Like I said, I'm just trying to learn.

It was one of those things when I saw that, I went, so I get to ask those questions.

Uh Madam President, uh follow-up to the rail trail question.

Um what is the total cost of the rail trail?

And I'm confused because this was 11.5 million that was being pulled away, and it was said that that's a third of the budget, but I've heard upwards of 90 million dollars in cost.

So it's announced that it's a third we're missing with the 11, but that's but it's also I think it was like seven, eleven million per mile, which put it at 90 or 80 million.

So I have clarification on what the actual cost is.

Madam President, Councilor Champagne, um, each segment of the rail trail is distinctly different from others.

So uh the exact estimate has been based that you've heard any at any point has been um estimations based on mileage, but also um those change each time we have uh knowledge and understanding um related to that, and be happy to provide for you all each segment that has been planned and and what the estimated costs are, whether those are based upon actual plans or we can also provide ongoing estimation.

So this section was related to the portion that runs from central to uh lowness right along the rail.

Um, and I I don't know the exact measurement of what this uh funding was uh dedicated to, but the raise grant was related to the fact that it is on the rail trail there and a segment that is already uh the trail sorry, the rail is already or continues to be in use um for rail use.

Uh so I'd be happy to provide additional information related to that.

Uh off the top of my head, I don't know every segment and the portions that they cost, but um, or that they're estimated at at this point.

So every portion, as I said, is we have them segmented based upon the conditions that we are reworking renovating and changing, and so in some sections it's um landscaping and other sections we're doing putting in infrastructure in.

Thank you.

Madam President, so is it fair to say that this section of the 11.5 million is gonna be 30 million dollars if it's said that it's a third?

I mean, it was announced by it by the administration saying this is a third, so uh Madam President, um Councillor Champaign.

Uh I don't I I don't want to answer incorrectly.

I apologize.

I just I I think that is accurate that the section there is a portion that based upon the rail in uh impact that is uh active that was more costly.

I think that this is that doesn't seem accurate to me in terms of thinking about which section cost what portion we would have been speaking to when we're talking to um that that being a third.

And Madam President, I understand that you don't want to give out inaccurate information, but it's it's put in a press release and gives the opinion or the gives the notion that this is a third of the cost, and it doesn't say this is a third of the cost of this section.

This it's not clarified, and yet the public goes, oh, it's only 30 million.

It kind of is misleading, and that's why I I'm kind of confused in that sense.

So it would be great to be able to give me the if you could you know uh provide what that 11 million, what section it was going to and what that total cost was you had to put it out for bid, so you would know when you have an idea.

So thank you.

Uh Madam President, uh my last question.

I saw that the the uh the broken windows program is coming back, and I was kind of curious on how the first batch went, and and I had a couple questions about the second.

So and I know the director's here to discuss what the you don't get to sit down.

No, go ahead, no.

Um what the first program did, how we because we directed 200,000.

I think it came out of public safety budget and got moved over to another another deal to to get away from the anti-donation clause.

And I'm kind of just how did the first round goes director?

Uh Madam President, uh Council Champagne.

Uh thank you for the question.

Uh the uh first grant.

We had a um, and please please tell me if I'm giving you information you're not interested in, but we had a total of 93 applicants of those 93, 87 were eligible.

Uh the other doing this math in my head, the other six were not eligible because they were in uh not in the city limits, they were in uh in in the county and and reasons like that.

Uh the average uh reimbursement was just south of 2,300 uh dollars per business.

210 uh windows uh uh were replaced.

210 uh windows uh uh were replaced, and as you pointed out, one thing that's really neat about this program is every one of these applicants uh partnered with APD to do a security survey, which essentially is a site hardening uh conversation with professionals at APD.

You know, if you were to put a light there, if you were to put a camera there, you know, you might see uh different results.

So that was the first iteration of the program.

Uh the second iteration of the program opened on October 23rd, so it's about two weeks old.

Uh up to uh today this morning, uh we had eight applicants.

Uh of those eight applicants, two applicants have completed the uh application process and were ready to cut uh checks, those checks will be available not this Friday, but this coming Friday.

Uh the other six are in various stages of the application process.

Uh five uh security site hardening surveys have been scheduled.

Uh one is yet to be scheduled.

So it's it's moving ahead as as anticipated, if you will.

Perfect.

Madam President, uh, what's the total amount that's allocated this time around?

Uh it is just north of 200,000.

That's a funny number.

It's 21,500.

Okay.

And Madam President, what did uh you said that eight people put in what are the qualifications?

Obviously, city limits.

Is there a certain part of town?

I seem to recall something that was in the first uh so anyway and this distinction is important.

Any business within an Albuquerque SIP code is eligible independent of the uh residence of the uh business owner, if you will.

Uh we are trying to um uh um and I I I think you're referencing the press release, we are trying to uh concentrate our efforts on what is referred to as pockets of poverty in the city of Albuquerque, which is a uh uh federal designation of various areas in the city.

Okay.

Um what was the motivation to I'm sorry, Madam President, what was the motivation to bring the program back?

Just out of curiosity.

Uh, you know, just the success of the first iteration.

We um we provided a survey to all of the uh participants.

Uh about 15 participants of the 83 um responded to the survey.

Uh 100% uh positive feedback, uh lots of really uh positive testimonials.

But I also I think it's you know, if you look at the philosophical underpinnings of this program, we believe strongly that our micro and small businesses, our mom and pop shops, our main streets businesses really are the backbone of our economy, and our small business office is very good and very diligent in providing technical assistance, training, seminars, and this is this is another way of supporting those businesses through a tangible thing, right?

Your window got broken, and we will help you pay for the replacement of that vandalism, that damage that you experienced.

Perfect.

That sounds sounds great.

Um, Madam President, I'm I'm sorry, I just this came to my head.

So I promise it's my last.

Um how did how did you get out of the how did we get out of the anti-donation clause?

We moved money from public safety to what application.

So I'm gonna uh misuse a term now that you are very familiar with, but I'm gonna backpedal from it.

I I think there is this notion of the um broken windows theory, but writ light.

So this idea that if we can ensure that uh our neighborhoods are clean, aesthetically pleasing, intact, uh there is some evidence to show that uh there will be uh fewer incidents of vandalism.

And and so um uh our our city attorney um provided uh an opinion uh to state that this really is a public safety initiative.

It is a partnership between our police department and economic development, but really at the core of what we're doing here is making our our neighborhoods, our communities safer by providing uh the kind of resources that that again in in terms of broken window, right?

We are fixing those windows that otherwise would signal that this is a place that that there is a lack of care, if you will.

Pocket of poverty, as we put Ms.

Keith might have something to add as well.

Uh thank you, Council President.

Although the director did cover it very well, if the the intent of the program is to reduce blight, uh, which does help reduce crime overall.

Um, and and so that although there is a benefit to the private business, there is a benefit to the city, and that's the purpose of the program.

But also, as the councillor mentioned earlier, we did include the um the survey uh and so in order to make recommendations on crime prevention standards, which will also help reduce crime in the city.

And so we we we had the property owners agree to that survey and agree to look into making these changes.

Um so that was you know an agreement between the parties.

Thank you, Ms.

Keith.

So if they so basically went on an agreement and said, hey, if you'll take the survey and take our opinions, we'll pay you for it.

Yes.

Okay.

Okay.

Thank you, Madam President.

Thank you, Director.

Thank you very much.

Councilor Baco is next, but until he returns, we're gonna go to Councillor Grout.

Thank you, Madam President.

I have a few questions.

I'm not sure who I think this is to um Madam.

Um every year, it's about the Albuquerque Progress Report.

Every other year, the Indicators Progress Commission publishes a progress report.

The 2024 report should have come out by now.

Has the biannual survey been completed.

Madam CAO.

Madam President, Councillor Grout, sorry, I'm just pulling up my notes because I realized I didn't put I didn't print them, and I apologize.

Um Madam President, Councillor Grout, um the report um process was completed.

However, we have been having difficulties with this committee, this commission in making quorums.

So the committee that does the review so that they can review the information, uh, go through the process of which the ordinance indicates that they would follow, has had difficulty um making quorum to meet.

They were able to make quorum in we that was through filling of seats and ensuring that we had appropriate participation in July when the draft was uh available for them to review.

They've been working through that report, the 2024 report to determine they have questions and concerns as to how they can how the process works for them to inform that um review and ensure that it is uh the information that they uh felt that both the questions as well as the outcomes could be analyzed.

My understanding is that the commission has uh also been paying attention to the um concerns related to how their ordinance is written and if it matches to uh the actualities of how they're trying to operate and looking at the possibilities of appropriately refining the ordinance for the IPC.

Um, and so they are currently in discussions um with the organization that did that recreated the draft report for them uh to and in hopes that they can assist both in that ordinance language and how the questions are written in the and that the analysis is done, but also to finalize um uh their their review and terming in determining how they want to publish they would publish and bring that forward to us.

Thank you, um, Madam uh President.

Um, how many people serve on this uh commission?

Um Madam President, Counselor Grout, I don't think I have that information in front of me as to the current numbers.

But I can okay how often do they meet?

Um Madam President, Counselor, I think that it is meant to be a quarterly meeting.

Um however, when they are my understanding is is when they're working on the on the work on this, they may meet more often to move work through that report.

I I would think if it's if now they have quorum, they they have some business to do, they need to meet more often to get the report done so it's timely.

When can we expect it to come out?

Um, Madam President, uh Councillor Grout, we are working with them to support them to keep get keep them moving and support them in ensuring that they make quorum.

Um I don't have an estimate, but we have the intent to get that from them so that we would have an understanding of when that publication, when we would be bringing that forward to city council.

Um would that be before the end of the year?

Um Madam President, Council Grout, I will absolutely encourage that that is what we would like as well.

The reason I ask is the business community um relies on this report to make their plans, and so you know it's it's it is an important one that that we need, and um it's six months late now, or almost six months late, and we like to be on time, right?

Madam President, Council Grout, we all agree it's very valuable information for us to be able to act from.

Right.

Okay, thank you.

Thank you for that.

Um Madam President, um, I have a few more questions.

Um, this is for AFR.

Somebody from AFR.

Uh Madam President, um, my understanding is that I I will read um the response until uh we used to get monthly reports on calls for service from AFR.

Um I realized that we haven't seen one of those reports since October of last year, and they're very valuable.

Like we did, you know, we got lots of information out of them, and um, and um I think that they're they have been missed.

So I wanted to know what happened to them.

Why we haven't we received them.

Uh Madam President, Councillor Grout, my understanding is that you and um that you were able to have a interact uh communication with um Chief Hadamillo related to this, but I will for the benefit of the public and um the rest of council um share what she provided, which is that the firefighter that was doing this work that uh published this monthly report had uh retired.

Uh he was also the secondary PIO, so they didn't have not backfilled that position to prioritize field staffing uh during this time.

Um in the interim, the PIO has been sharing the information that many of these stats on social media that goes into a month and that was going into the monthly report, and that data um was in the monthly report, is still being collected and is available upon request, and that's actually this has been requested by counselors um periodically as well.

AFR is currently going through the process to hire a civilian position, and one of their duties will be to publish the monthly report.

In addition, a summary of 2025 is in AFR's annual report, the monthly reports will start again being published in January of 26th and coming out monthly.

Thank you.

Thank you.

These um reports they can help us with budget, you know, trying to plan for the future and so forth, and so um they're not just things that you guys prepare and we ask for it.

There's there's a good reason for them.

So thank you.

And my final set of questions, madam president, is for our city clerk.

Hi, Mr.

Watson.

Thank you for being here.

Um, Mr.

Watson P25-7 passed in city council in May in March of this year, and it did not get placed on the ballot.

Um, can you uh the newspaper said you were going to review the processes to make sure it doesn't happen again?

I know that it was an error, not intentional.

Uh, what was the result of that review?

Council President Hassan and Councillor Grout.

Um so I have reviewed our process about um legislation and proclamations, and um I think I've identified a way in which proclamations are different from natural other legislation with other legislation.

It's immediately apparent in legislatar and a legal that um the specific act which is asked of the clerk's office has occurred because it's apparent that it's been published in legal or that you know what other actions required has been taken.

Um I think um resolutions, it's not apparent to I mean you wouldn't necessarily know looking at legislator whether it's been sent to the county, and so I um that was the error that occurred was that the legislation was not sent to the county, and so we um my initial um solution for that is to um I've amended the memorandum that I send back to council following the enactment process and to reflect the results of what my office has done because at present the memory I send a memo back to council every time we process legislation, and the um historically that memorandum is just reflected that we received the legislation and going forward that memo will reflect that the legislation um whatever we've done with it.

So if it's an ordinance, it will reflect that we've enacted it.

Um if it's a resolution that requires we send letters out to the legislatures, it will reflect that that has been done, and in the case of propositions, it'll reflect that um you know that they've been sent to the county.

Um I do think if um there's an opportunity to potentially work with council services and add a field to legistar um and reflect sort of another type of action and so that that we could update that as well, and so that it would be publicly apparent if there was another action that's required that we have done as well.

Okay, thank you.

Very good, thank you.

Um this um question that didn't get make it on the ballot was important that um only the voters could answer.

So now what do we where do we go from here with this particular question?

That's a sort of a mix of a legal procedural and um codification question for my part.

Um I I do not I think after extensively looking into this, I do not believe there is a way to put that question on a ballot as currently drafted.

Um I do not I would defer to legal and council services on whether there's no way to amend it.

Uh I don't know that.

Um or if it just needs to be repassed in the future.

Um I I don't know the answer to those questions.

Can it go on the runoff ballot?

Um Council President Bassan, Councillor Grata cannot.

We cannot.

Okay.

Yeah.

Um other questions.

Okay, thank you for that.

There are you well, there are more questions I know for the clerk, but are you do you still have additional questions?

Good.

Okay, thank you.

Thank you.

Councilor Backa, you're next.

Thank you, Madam President.

I don't really have any questions.

The Mr.

Watson and I have spoken numerous times, so obviously I was extremely upset when this took place.

I think this is a uh a pretty big big mess up, although it happened probably the least consequential way possible.

You know, not too many people were worried about that particular ballot question.

Um if it had been a geobond or a person's name, obviously this would be a much much bigger or ballot initiatives last year.

Um that's it, it's just yeah.

Um disappointed, but we have an opportunity to fix this so it doesn't happen again.

Um maybe we need to run something from our side potentially, so something has to come to us before it gets to the clerk for review or something along those lines.

But so I just wanted to get that out there.

Thank you.

Council President and Council Brock, and I and I I do apologize for this, and it was an error.

Um, I think it's uh a useful opportunity for us to review the process, and so I'm I'm happy to work with council services on that and um stand for any process review that's necessary.

Thank you.

Thank you, Mr.

Watson.

You know what further questions, Councilor Backa?

Okay.

Next is Councilor Rogers tonight.

Thank you, Madam President.

My question is um for our CAO.

Um in February of 2025, we um reached out regarding our AED machines, um, as specifically the one that I found in our office that was not functional.

Um at the time we worked with the your the administration, and we were told that the AI 742, the administrative um instruction on how we handle AEDs would be updated.

I looked on the website and still has not been updated.

Um, and it's actually the last time it was updated was 2017.

Um, and so I just wanted to follow up about where when can our office expect to have a proper working AED machine, and when will I also noticed that CPR training was rolled out for asking uh employees if they wanted to get CPR training, but no AED training was included in that.

So, one, when will we get our working AED?

Two, when will employees be trained on how to properly use an AED?

Um, Madam President, Counselor Rogers, I'm sorry, real quick, just for the folks watching, an AED is an automated external defibrillator.

Just so public know what we're talking about.

Uh Madam President, uh Council Rogers, I I appreciate that this is incredibly important.

It's crediting important to me as well.

Um the I I will say I'm not sure why the um AI is not published up as updated because we did update it to ensure that Metro Security would be taking the primary role in maintenance and oversight of the AEDs throughout city property and then in partnership with departments uh that have uh you know ownership or oversight on a facility if that is uh additionally in uh city hall, they are installing two operating AEDs in publicly accessible places per floor, so that um we change we have changed from the previous uh practice, which included AEDs could be placed in a place within a department that made that that department was aware where it was and knew how to access it, but if um the public may not know where that is and be able to access uh be able to access that.

So the new plan is for installations in public locations, and then uh as they are installed, we will be providing training for everyone on each floor as to where they are, how to operate them, and to be in uh fully uh aware of them and able to use them, including signage within the floors to uh tell the public uh which direction they can find those AEDs.

Um additionally, um that uh AEDs are on site uh today, um and we do have those in a cycle of uh review, which is why Metro Security is the department that is going to be overseeing the program in the past it had been fire and other departments and metro security uh patrols every area of the city uh buildings and that gives us an opportunity to include that if uh in the meantime.

The new equipment that they will be installing will have the most up-to-date um equipment that allows for um remote monitoring of these um and so metro security will know if any one of these devices has a low battery or a maintenance issue or any other can issues.

So I will get um more information about the exact installation dates they were checking into it since you and I um last spoke so that we know uh when each floor would be installed and we would be moving forward with this.

Thank you, Madam President, and we did we talked about this, but since then I still have not received an answer on when.

So when can I expect a working AED machine in council services?

Madam President, Councilor Rogers, we are talking with the vendor to know exact installation date, um, and they're they're gonna get me that answer so that we can we can uh share that with you all.

Think of Madam President.

So we've already do we have a purchase order for these already?

Uh Madam President, Councilor Grout, yes.

Uh Councilor Rogers, yes, we have we are fully engaged with the vendor for installation, they or equipment ordered, and and my understanding is we are just waiting to hear for installation date.

Okay, and so when can I expect to hear back?

Madam President, Counselor Rogers, I'll get you an answer tomorrow about what why we don't have an answer yet and when we'll have that for you.

Okay, because we our team has a quote, we're ready to go and buy our own if I do not hear from the administration by let's say Friday, um, when we will have one, then we're just gonna move forward and purchase one because it is not okay for us not to have a working AED in our machine, especially after what we've dealt with in our office.

Madam President, Counselor Rogers.

My understanding was one was supposed to be delivered to council services on the day that you and I spoke.

Um I'm not sure if that occurred.

I thank you, Madam President.

No, I that's why I'm asking.

And I'm not gonna like this is for me a huge issue.

It's a liability for the city, first of all, it's a huge risk for us to not have adequately trained folks with these things.

Um, and so for us to protect our employees, we need to have these and the public that could potentially be in our in our offices.

So our staff has a quote, we're ready to go and purchase one if you need if we need to work with the administration to speed it up, but from February to now to not have this done and ready to go is not acceptable.

So I would love to to get an answer on when we can receive one, and if if it's not, we'll have one installed by Friday, then we'll order our own and do our own like and who's gonna do the training?

Because I'm concerned the AFR, and just so everyone knows AFR said no, they did not want to do this, even though the AI is it says AFR is usually the people.

I mean, we have a fire department, they check our um fire extinguishers at the same time they check with fire extinguishers, they could be checking the AED.

And I have faith in William Duran.

I know he managed the program for us at CNM when I worked there.

So I'm I'm I'm confident he can do it, but I'm just I just this is a liability and a risk for the city if we don't get this fixed.

So please let's make it a bigger priority and get the AI updated, or can you send me a copy of the AI that that is already updated?

Um so that we can make sure we follow that in our office as well.

Thank you.

And then my next question is around um vouchers and HHH.

So we have uh several counselors have met with a provider for vouchers that says that they are now at a point because of city funding that we are gonna have to displace folks if we don't figure something out for uh these particular voucher holders.

And so I know you probably can't answer now because I don't see anyone from HHH here, um, but I would like to get some answers on what's happening with those particular vouchers, Madam President, Council Rogers, happy to look into the specific scenario.

Thank you, Madam President.

I'll send you the information that we received from the provider, and I'm being vague on purpose public for a reason.

So um we don't want the provider to um we don't want to create safety for the provider also.

So I'll be happy to send you that info so we can figure out what's going on.

Thank you.

Councillors, any other questions for the admin?

All right, seeing none, we will move on to the journal.

I move approval of the October 20th journal.

There's a second by Madam Vice President.

Any questions or comments?

Madam Clerk.

Councilor Baca.

Yes.

Yes.

Hello.

Councillor Champagne.

Yes.

Counselor Peoplecorn.

Yes.

Counselor Grout?

Yes.

Counselor Lewis.

Yes.

Vice President Pinna?

Yes.

Counselor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Bassan.

Yes.

Passes unanimously.

On communications and introductions, Councilor Grout.

Madam President, I move that the rules be suspended for the purpose of placing R201 on tonight's agenda for action.

R201 is preserving the name Juniper Flats for the property located at 25 Hotel Circle Northeast.

There's a second by Councilor Champaign.

Madam Clerk.

Councilor Bacca?

Yes.

Counselor Champagne.

Yes.

Counselor Peoplecorn?

Yes.

Counselor Grout.

Yes.

Counselor Lewis?

Yes.

Vice President Pinya.

Yes.

Counselor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Bassan?

Yes.

Passes unanimously.

Counselor Grout.

Madam President, I move that the rules be suspended for per for the purpose of introducing R205 and referring it to the Finance and Government Operations Committee.

R 205 is requiring the Albuquerque Fire and Rescue Department, the Albuquerque Police Department, and the Albuquerque Community Service Safety Department to provide quarterly operations reports.

Okay.

There's a second by Councilor Champagne, Madam Clerk.

Councilor Bacca.

Yes.

Councilor Champlain.

Yes.

Counselor Peoplecorn?

Yes.

Councilor Grout?

Yes.

Counselor Lewis?

Yes.

Vice President Pinya.

Yes.

Counselor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Bassan?

Yes.

Passes unanimously.

Counselors.

Any other changes to the letter?

Seeing that I move approval of the letter of introduction.

Second.

There's a second by Councilor Champagne.

Madam Clerk.

Councilor Backa.

Yes.

Counselor Champlain.

Yes.

Counselor Febalcorn.

Yes.

Counselor Grout.

Yes.

Counselor Lewis?

Yes.

Vice President Pena.

Yes.

Counselor Rogers.

Yes.

Councilor Sanchez.

Yes.

President Bassan?

Yes.

Passes unanimously.

Moving on to reports of Chem Committees.

Councilor Champaign.

Madam President, the Finance and Government Operations Committee met on Monday, October 27th, 2025, and reports out the following items in the matter of EC467.

EC 485, EC495, and EC496 that they be approved in the matter of EC 477 that it be approved and acted upon at the meeting at which it is reported.

In the matter of OC 47 and OC48 that the receipt be noted.

In the matter of R 184, 186, 190, 193, and 200 that they do pass.

And in the matter of R 185 and R 187 that they do pass as amended.

And I make a motion to accept the committee report.

There's a second by Councillor Grout.

Madam Clerk.

Councilor Backen?

Yes.

Councilor Champagne.

Yes.

Councilor People Corn?

Yes.

Counselor Grout.

Yes.

Councillor Lewis?

Yes.

Vice President Penn.

Yes.

Councilor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Bassan.

Yes.

Passes unanimously.

Moving on to deferrals and withdrawals from financial instruments.

Councilor Grout.

Madam President, uh 9099 is authorizing the issuance and sale of the city of Albuquerque, New Mexico gross receipts tax revenue bonds in two series in aggregate principal amount not to exit not to exceed 447 million dollars.

Gross receipts tax project revenue improvement revenue bonds, Geneva per flats project series 2025 A in the maximum principal amount of 18 million and to the gross receipts tax refunding revenue bonds series 2025 B in the maximum principal amount of 29 million to finance move deferral to November 17th.

There's a second by Madam Vice President, Madam Clerk.

Councilor Backa?

Yes.

Councilor Shempley.

Yes.

Councilor People Corn?

Yes.

Councilor Grout.

Yes.

Councilor Lewis.

Yes.

Vice President Pinya.

Yes.

Councilor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Bassan?

Yes.

Passes unanimously.

Moving on to deferrals and withdrawals from final action.

RA7, amending the City Council Rules of Procedure, Article 1, Section 8 regarding addressing meetings and Article 3, Section 4E regarding the order of business.

I move withdrawal.

Second.

There's a second by Councillor Grout.

Madam Clerk.

Counselor Bacca.

Yes.

Counselor Champagne.

Yes.

Councillor People Corn?

Yes.

Counselor Grout?

Yes.

Counselor Lewis.

Yes.

Vice President Penny.

Yes.

Counselor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Bassan?

Yes.

Passes unanimously.

Councillors, we're going.

Are there any other deferrals or withdrawals at this time?

All right, moving on to the consent agenda.

Councilor Champagne.

Yes, Madam President, I would like to pull item E, EC 519 off the consent agenda.

And EC519 is the mayor's recommendation to approve and authorize the contract amendment of Lotus Engineering and Sustainability LLC.

And Council Champaign, we'll go ahead and pull that.

Do you have another one?

Yes.

Reardon Wilkinson Miller DBA planned collaboration.

All right.

Counselors, are there any other changes to the consent agenda?

Seeing none for those individuals on tonight's consent agenda who are being appointed to serve on a border or commission.

Thank you very much for your willingness to serve.

I move approval of the consent agenda.

There's a second by Councillor Grout.

Madam Clerk.

Councillor Bacca.

Yes.

Yes.

Councillor Champagne.

Yes.

Councillor People Corn?

Yes.

Councillor Grout.

Yes.

Counselor Lewis.

Yes.

Vice President Pena.

Yes.

Counselor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Bassan?

Yes.

Passes unanimously.

Moving back to EC519, Councilor Champagne.

Thank you, Madam President.

I just really have uh a question.

Um when I read this, it kind of I read that it was a four-county input.

Uh that this was a program, and please don't get me wrong, I like the idea of the program uh and such, but it was a four-county input and distribution, and I'm just kind of curious on if we're working with four other counties, and this is a grant, and the money's being funneled for the city.

Are we allowed to use our city money to give it away to different counties?

Madam CAO, Madam President, Councillor Champagne, our sustainability officer that knows this very well is in like walking down the hall to get here to answer your questions.

Um and I don't want because I don't want to miss any uh Ms.

B.

I am not sure why she's not here.

Um because we texted and said you were had pulled it from the consent agenda.

And Madam President, I think uh 520 is it's it's like sibling bill, they're kind of one in the same, so it's the question would be for both Madam President, Counselor Champagne um and Simon, our sustainability officer can speak to both items um 519 and 520.

Um I think the question is specifically about our partnership with other counties and how the funding can go from us to them in this process.

Yes, ma'am, madam president.

If you would just kind of give me a little bit when I read it, I was a little confused because I get I get and Cody just give an explanation.

We applied for a grant, and we have a better chance of getting that grant if we incorporate the other counties, the surrounding counties, and say the group of us want to do this, um, and that improves our chance of getting the grant, but I'm a little curious that if it's awarded to the city of Albuquerque for say trees for tree planting, uh, but we're gonna go to Sandoval County and spend city Albuquerque City money to do work in Sandoval County.

How does that work?

Uh thank you very much.

Um, Madam Chair, um Councillor Champaign, sorry, Grand over here.

Um, yes, the original grant that we are piggybacking this on to is a regional for county grant, it is uh a climate action planning grant that um will apply to Sandoval, Valencia, Torrance, and Bernalio County.

The USDA forest grant is specifically for the city of Albuquerque.

Now we are um asking for input because all of these tree planting initiatives help our greenhouse gas reduction goal.

It just affects the entire region.

You know, these these gases just don't stop at the at the border.

Climate action is really a regional issue.

So we did allow the other counties to weigh in, but this tree planting initiative is for the city of Albuquerque.

Okay, so the trees will, I mean, and again, don't get me wrong, I agree with the program.

Um about two weeks ago I went out and planted trees with with tree uh New Mexico tree.

It was great, and and we need it.

Uming that 85% of the trees are on private and public uh private property that we need to make sure that the you know we have plenty of them for um for that.

Uh so none of the trees that we're getting in this grant are gonna go to other counties, and the only reason I I ask that because constituents will ask me why is our taxpaying money or you know, stuff that's going through our city benefiting other counties.

So how why is that possible?

How does that work?

And that's why I just want to be able to give them the right answer and clarification of what we're doing.

Gotcha.

Um thank you, and Madam President, um, counselor champagne.

Um, I don't believe there's any uh taxpayer dollars from the city of Albuquerque, so that's one thing.

This was uh a five million dollar grant we got from USDA forest.

Um that's that said.

Um whether or not the trees are planted outside the city, they as far as I know, they will not be planted outside the city.

In fact, um, one of the reasons we are bringing in LOTUS, especially is to provide a vulnerable vulnerability assessment so that we make sure that we are hitting those communities that really need the tree canopy where we where we've seen diminished tree canopy, where we've seen an increased in um in the heat island effect, um, and those are city areas, those are urban areas with lots of asphalt um places where we've seen um trees decline, and um and it's really an environmental justice issue.

So we're trying to get the trees in the places where people can um benefit from them the most.

Madam President, that's one thing I did learn when we were pushing for water conservancy is that when you zero scape your front yard, it actually increases the heat around your house by like five degrees because the grass isn't there to absorb that heat from the sun, so you you know, and it and then and then turn your your hot houses hot and you turn on your AC more and so on.

So it's an interesting cycle of life.

Um that answers my questions.

Thank you.

I appreciate it.

Counselor, if you want to go ahead and make a motion, there is another question as well.

Um, we need to make a motion for EC519.

519, yes, I'll make a motion to accept EC519 or approve it.

There's a motion for approval.

Is there a second?

There's a second by Councillor Grout.

Counselor Rogers, you had a question.

Thank you, Madam President.

Is this the grant that was tied to Justice 40 by any chance from the USDA?

Okay, we just we were working on something like this in equity and inclusion when I was there, and it was a long time out, and it was USDA tied to Justice 40.

I'm just wondering if this is the culmination of that work.

Uh, Madam President, um, Councilor Rogers.

I I wasn't there um when this grant was um first uh when we first applied for this grant.

However, if it was uh applied for during the Biden administration, all federal grants did have to abide by Justice 40 principles.

Um I would assume that that is the case.

Um those principles do not apply any longer for federal grants.

Thank you, Madam President.

Exactly where I was going with that.

So is the city of Albuquerque going to change course, even though it's not required anymore?

Oh, madam president, um, councilor Rogers, thank you for the question.

In fact, um we are standing firm with our environment with our uh Justice 40 umersight coordinating committee.

We work very closely with that committee on both the CPRG grant, which is our regional grant, and we will work with this grant.

This is one of the reasons that we are piggybacking because we have built trust with the community.

We have a really wonderful community task force that was uh appointed by the Justice 40 oversight coordinating committee, and we want to make sure that we continue to work with that with that uh group and uh have that group advise us on the best places for the tree planting.

Thank you, Madam President.

So does that group still meet?

Because I used to get information about that group, and I haven't gotten any information about that group in some time.

Um Madam President and Councillor Rogers, are you referring to the um community task force or the Justice 40 group?

Well, the community task force is still in place.

We are still meeting because we have not finished our um comprehensive climate action plan, which is due to the EPA on December 1st.

The Justice 40 oversight committee is um definitely still in place.

Um we have a new uh staff appointed director, it's still in OEI.

I know that the chair has had some health issues, but um, yes, we are still active and we are still in touch with uh the members of that oversight coordinating committee.

Thank you, madam president.

So this contract for this is for them to do just the survey and look at where we should be putting planting the trees um councillor president and and councillor rogers, yes.

Essentially, that's that's the case.

Um, it's a technical assistance uh grant that helps us do a vulnerability assessment.

Um we will look at where we have um high heat um areas and um you know where where the need is then um planned will help us with the um community outreach.

Thank you, madam president.

I'm just in uh interested in in us paying for this services.

I was at the infrastructure conference that's happening, the state infrastructure conference that's happening right now at the convention center this week.

First of all, I was shocked that there was not a lot of city employees at all at this conference, right across the street at the convention center, and at that conference they had a South Central Climate Adaption Science Center and the Southwest Environment Finance Center who had statewide data that was offered for free to municipalities that already mapped out the heat index.

Um so I just I wonder if we could.

I mean, and this is a grant, so this is good.

We we're not paying necessarily for these services, but just wondered if there was some collaborating that we can do with folks that already have these maps.

They already have they could probably tell us exactly where the trees go.

Um, I also know that we use district six heavily in that grant.

Um the original grant in OEI.

We use district six a lot because of the heat index in my district.

So I would love to see the plan once this is done on where those trees will be planted because my district was used heavily to be able to get the grant, and so I the trees should go where you said uh not you personally, but the department said that they should when we applied for the grant.

We also had a lot of that data to even apply for the grant.

Um so I'm hoping that that can be um also used because we've already we know where the trees should be.

So um I'm all for technical assistance, but I think the community has been sh screaming about this, especially.

We're having the same conversation with the state fair TID and all the redevelopment and reimagining of the state fair.

Um the governor had a whole bunch of in of heat index uh data that she shared with that provider.

So just know we have a plethora of information.

Let's just get the trees in.

I think is the big is the biggest point.

Thank you.

Counselors, we are on EC519.

Any other questions?

The motion is for approval, Madam Clerk, Councilor Backa.

Yes, Councilor Champagne, yes, Councilor People Corn, yes, Councilor Grant?

Yes, Councilor Lewis, yes, Vice President Penny Yes, Councilor Rogers, yes, Councillor Sanchez, yes, President Bassan, yes, passes unanimously.

Counselor Champlain, you pulled EC520 off of consent.

Yes, Madam President, make a motion for approval.

There's a motion for approval and a second by councillor Baca on EC520.

Any questions or comments on this one?

All right, madam clerk.

Councilor Backa, yes, Councilor Champlain, yes, Councilor People Corn.

Yes.

Councilor Grant, yes, Councilor Lewis?

Yes, Vice President Pinya.

Yes, Councilor Rogers, yes, Councilor Sanchez.

Yes, President Bassan, yes.

Passes unanimously.

Moving on to announcements.

Councilor Champlain.

Thank you, Madam President.

There will be a finance and government operations meeting on Monday, November 10th at 5 p.m.

in the I don't think there's gonna be a meeting.

There's nothing on the agenda, ma'am.

Is there?

Okay.

Okay, thank you.

I'm confused.

I must be thinking about another meeting.

So there will be a finance and government operations committee meeting on Monday, November 10th at 5 p.m.

in the Vincent E.

Griego Chambers basement level of the Albuquerque government center.

This will be a hybrid meeting.

Councillor People Corn.

Madam President, there'll be a land use planning and zoning committee meeting on Wednesday, November 12th at 5 p.m.

here in chambers, and it will be a hybrid meeting.

All right.

There are no financial instruments.

We already handled our appeal.

We're moving on to general public comment.

Members of the public can provide live public comments to the council in person or virtually if they have signed up for public comment for the instructions published on the agenda and on our website Friday.

The public comment ground rules are that each participant will have two minutes to present this evening.

Comments are to be addressed to the counselors only through the council president, and any disruptive conduct will result in removal from the meeting.

There is a two-minute time limit, and a bell will ring to indicate your time is up.

Mr.

Cornelius, if you'll call the name of our first speaker, and if you are on deck, please start making your way down to the front.

Thank you, Madam President.

Our first speaker is Francesco Artist, followed by Anami Das.

If you want to be the tip of the spear of law enforcement, then you can't break the laws while wrongfully claiming to be above the law.

You can't take away immunity from our heroes with a badge and a gun who make split second life or death decisions while you sit behind a desk with all the time in the world to not break the laws.

Claiming that the laws don't apply to you.

God bless the boots on the ground.

Swear to uphold the Constitution and the laws of the United States of America and New Mexico, so help you God.

Top Albuquerque leadership in willful violation of the oath of office.

Notice that she left the room right now.

Including, but not limited, to breaking the law to cover up that laws were broken while harboring criminals from federal authorities in violation of, including, but not limited to city policy.

And local, state, and federal laws, which forbids silence while turning a blind eye to malefeesance in the matter of Mayor Keller's illegal law.

I've submitted to each of you a packet with more information.

And I have a packet as well for Director of Council services.

Thank you.

Anami Das, followed by let's autvo.

Hi, y'all.

Um so with the extension uh that the governor um put on SNAP benefits, uh, we got an extra 10 days before the apocalypse uh takes one more step forward.

Um with that, there's going to be an increase in uh traffic accidents, uh homicide, theft, property damage, um, uh violent crime, nonviolent crime, uh, because that's what happens when people are hungry.

If you want to deal with that, rather than like having a crackdown uh from the police, I suggest putting things like the convention center's new uh catering uh company to good use and like feeding people or having a partnership with like CNN to also feed people, like getting food to people is gonna be very, very big because we already had people who were starving to death.

We already had single mothers skipping meals so that their kids can eat, and now they're gonna have even fewer resources to do anything.

Um I it's unfortunate that um that comment alone is not enough to really like force action.

Um so uh to get the administration's attention during the time between now and the runoff election, there's going to be an increase in crime that could be prevented by providing food for people.

So hopefully the city chooses to do so.

Thank you.

Let's Otva, followed by Brick Jonasy.

Hang on one second, Mr.

Cornelius.

Counselor Rogers.

Thank you.

I just wanted to just respond on some things we're doing in district six.

We are working trying to figure out where we can pull other funding from to get to our social service centers so that they can beef up food box production.

We're working with child care development centers, daycares, schools to try to stand up some, working, trying to do the church circuits to try to get more of them to do food boxes.

We're grasping at all the straws to try to figure out how to get more resources out for food.

So please go to that site, just again Google C A BQ District 6, click on projects, food insecurity.

There's a map that you can see where in our district people are feeding folks, hot meals, food boxes, and restaurants that have added to preparing, giving free meals to kids.

So at least it's a resource, but also I'm gonna be looking at what we can do as a team here for just some emergency funding for food.

Um so thank you for for raising that.

But district six, we're definitely taking this seriously and working with everyone we can to try to get more food out there.

So thank you for bringing it up.

Mr.

Cornelius.

Let's auto, followed by Brick Jonasi.

Madam President, council members.

I'd like to remind you that sometime in March of this year, there's a gentleman that we associate with.

We're big on the First Amendment.

We're big on the second amendment.

We're big on human rights.

We do understand that the city was put under the DOJ's notice with her to police department on various issues surrounding human rights.

You folks were put on notice in March of this year about the use of sirens and the use of horses up on the sidewalk.

There was a time uh not two meetings ago, where it seemed like that had been somewhat taken care of, but in fact, the horses were just utilized at the fair.

Uh last week, last weekend, I had the opportunity to go downtown, Third Street, and it's the police are now seeming to want to use the security staff and just allow these security staff to move people from the sidewalk.

And as you well know, um, some of one of the city officials was kind of moved along too.

And it troubles me that someone that has signed an oath to uphold people's rights, wants to just be willy-nilly and go along because of police officers asking them to clear the sidewalk.

Right.

Why are we using horses up on the sidewalk?

It's against the APD policy for the mounted units to even be on the sidewalk.

Yes, they can cross intersection to get to across the sidewalk to get to where they have to go.

But they're not supposed to be just marching down the sidewalk moving people.

That's creating actually more of a problem than just allowing the people to come out into the empty street, get their meal, sit in your car, and go home when it's time to go home.

Brick Jonasi, followed by Tad Numitsky.

Uh Madam President, counselors.

Uh, yeah, so uh yeah, the horse mounted units downtown.

Um, some other things, APD uh seemed seems to uh really not understand what their oath is, which is to uphold our rights.

Um right across the chest.

It says press.

Um sometimes I don't wear this, but it really shouldn't even matter if I have it.

Um I went downtown, the horses are up on the sidewalk again.

You still got the car driving up on the sidewalk with the sirens blaring.

Um also prior restraint.

Um I have my camera set, filming a scene, a walk over away from the the camera, a look back, there's a huge spotlight off of a vehicle from a police officer that's just shined it directly into my camera.

One, that's prior restraint.

Number two, it's gonna damage my lens.

It will damage my eye if it goes into my eye.

I walk back over, I took the camera, I moved it about 20 feet over.

I saw the sergeant, I said, okay.

Well, I'm gonna go talk to the sergeant about asset.

Sergeant, the man moved his moved his spotlight into my camera.

And as I pointed out to him, I'm looking, he's moving the light directly back over to my camera where I have moved it 20 feet over.

It's not just prior restraint, it's damaging my lens, right?

My job is press.

This is what I do.

You guys have a job to do, I have a job to do.

There's officers have a job to do.

Let's work together, solve these issues, right?

Prior restraint, horses on the sidewalk, sirens blaring.

It's not a good look.

And it's gonna find you in a lawsuit.

Tad Numitsky, followed by Mervin Tilden.

Thank you.

My name Ted Nemiski.

So many issue.

Uh I left other issue, push on the side.

What got me traffic, gents?

We will talk about it later.

But took me 40 minutes to get from Wyoming and Copper here to downtown.

And I was late by got here shortly after eight.

Now, another issue.

Here is we have other side of the door on the west side.

Three handicap parking spaces.

I want to bring it to administration because council won't do nothing.

City employee taking old parking cars in this handicap spaces, taking all these handicapped spaces all day long.

So that's total disrespect to handicapped people.

For these people who come do the business in needed handicap space for 10, 15 minutes.

But not all day.

Election.

Texas, pass the law.

You two in order to vote to vote.

You have to be US Citizen.

What about New Mexico?

I was at TVI ask.

She says no.

That's uh we cannot ask if you're legal or illegal.

Thank you, Mr.

Nemitzki.

Same thing goes with election.

Your time is up, sir.

Mervyn Tilden, followed by Victoria Lovato Montoya.

Victoria Lovato Montoya, followed by Courtney Montoya.

Courtney Montoya, followed by Leo Ortiz.

The people's forum, they're right outside.

Come talk to the people.

That's all I have.

Leo Ortiz, followed by Miguel Alvarez.

Miguel Alvarez, followed by Nicole Finch on Zoom.

I'm here to talk about the mayor election.

I don't know Mr.

White, but I do know Mr.

Keller.

He was on TV saying that he did this, he did that.

The bio uh the bio uh park on central in the boxing gym uh was developed back in the 80s, way before Keller even showed up.

The only thing that he had done was helped the immigrants from getting picked up by ice, but the other thing that he's been doing is that scam on the cameras.

These cameras do not detect people that if they're under the influence if they got warrants or getting charged for careless and reckless driving and also property and uh human endangerment.

Uh we need more cops.

Come on, state police.

Why don't you come on down and clean house?

Because these police officers aren't doing a darn thing for us.

We need new people in the city.

Uh as pol uh as mayor, we need new people in the city, uh city councillors, so we can get things done for us.

We got different rights than other people that we want, and we need to start living the way we are supposed to live, instead of wondering who's gonna run all over us.

We need more help, Nicole Finch on Zoom.

Madam President, counselors, I'm Nicole Finch from the Library Advisory Board.

We had a pretty exciting election yesterday.

Election day and civic participation makes me feel good about my community.

The overwhelming support for the library bond on yesterday's ballot shows that the library is an important and beloved part of that community.

The community needs the library, the library system needs the main library branch where all the administrative functions are performed.

And the main library branch needs a new HVAC system.

That heater and cooler is wheezing along at 50 years of age, and we need to replace it before it completely breaks and forces a shutdown of the entire branch and brings operations to a halt.

I greatly appreciate the support we've gotten so far from city, county, and state legislators, and we will keep working to get commitments from everyone to support this vital community hub.

Thank you.

Madam President, I'm not finding Joe Conkins on Zoom, so that concludes general public comment.

Thank you.

All right, thank you so much.

We will move on.

We have no approvals this evening.

So landing on final actions, Councillor Feblecorn, 098.

Thank you, Madam President.

O 98 is amending the traffic code and the sidewalk ordinance to improve protections for bicyclists, pedestrians, and other vulnerable road users, and amending the automated speed enforcement ordinance to direct revenue to vision zero traffic safety initiatives.

I move a due pass.

There's a motion and a second by Councillor Grout.

Counselor February open.

Thank you, Madam President.

So we we were close to voting on this at the last meeting, and we had to defer uh for a technicality, but this is um the first time that we have updated our traffic code in 50 plus years to make sure that we are protecting everyone that uses the roads, not just those that drive.

And so um I do have a few amendments if you would like for me to move those now.

Please do amendment A.

Thank you, Madam President.

Amendment A is um on page four line seven.

We're amending the definition of pedestrian.

Hopefully, we're gonna put this on the screen so people can see.

Sorry, just I said A.

I'm sorry to interrupt you, Counselor.

Uh, we'll call this amendment number one.

While they pull that up.

Yes.

Okay, so amendment number one.

Um, we are um amending the definition of pedestrian, and we are inserting in in two places within the bill um what personal assistive mobility device is.

Um I will move the amendment and then explain it.

There's a motion and a second by counselor.

Counselor February.

Thank you, Madam President.

So this is really to make sure that we are complying with uh ADA, and so we took a little extra time to get this one right because we needed to reach out to a lot of um disability uh experts and and make sure that we got this one right, and everyone is agreed on it now that this is the correct language to ensure that we are not um taking away any rights of anyone who needs a mobility device, but we're also keeping everyone safe.

And so um I would urge support on this.

Counselor's any questions on amendment number one.

Seeing none, madam clerk.

Counselor Bacett.

Yes, Councilor Shannon.

Yes, Councillor People Corn?

Yes, Councilor Clown, yes, Counselor Lewis, yes, Vice President Pinna.

Yes, Councillor Batchers, yes, Councillor Sanchez.

Yes, passes unanimously.

Councilor People Corn amendment number two, label B in our packet.

Thank you, Madam President.

I'm gonna move floor amendment number two.

Um this one is on page 17, lines six through 17.

Change the definition from prohibited um pedestrian to predict prohibited vulnerable road user crossing.

Um goes through A and B.

So in A, we're going to say vulnerable road users shall not cross a roadway at any place except in a crosswalk, except for operators of bicycles, e-bikes, or powered micromobility devices acting under the provisions of ROA 1994, Chapter 8, Article 3, Part 3 bicycles.

Vulnerable road users, except for operators of bicycles, e-bikes, and powered micromobility devices operating under that provision should not cross at an unmarked, uncontrolled, unsigned crosswalk or intersection, where at one of the next two adjacent crosswalks or intersections within 600 feet, traffic control signals are present.

I'll move that second.

There's a motion and a second by Councillor Grouch.

Councillor Champagne.

Madam President, just a question for the sponsor.

Council People.

Madam President.

So this is the um section of the of the bill that we heard a lot of advocates last time saying that they had some concerns about.

And so we worked with bike ABQ, Ms.

Dolan from the mayor's office, worked with them to come up with this proposal.

Um we're trying to discourage people from crossing in the middle of the block, but we are not saying shall not, so it's not a criminal offense.

That is the language choice on this one.

Counselors, any other questions.

Councilor Februar to close.

Error support.

Madam Clerk.

Councillor Backa.

Yes.

Councillor Champagne.

No.

Councillor Februar?

Yes.

Councillor Ground.

Yes.

Counselor Lewis.

Yes.

Vice President Penny.

Yes.

Counselor Rogers.

Yes.

Counselor Sanchez.

Yes.

Council Member Bassan?

Yes.

Pass this on an 8-1 vote.

Councilor February, if it's all right with you, but let's go to public comment.

Madam President, it's fine with me.

I believe there's some more amendments that are not mine.

Just I don't think there's any more that I know of right now on this spell.

Is there any others?

Okay.

Thank you.

Let's go ahead and go to public comment.

Mr.

Cornelius.

Thank you, Madam President.

First up, we have Melinda Montoya, followed by Diana Zamora.

Uh good evening, President Bassan and Council members.

My name is Melinda Montoya.

I'm Caleb Van Landingham's mother.

I've become a local fixture as well.

Um, I would like to start by just expressing gratitude that the mayor's office and councilwoman Feblecorn heard my concerns and investigated this code.

If this code existed in its current form, I truly believe Kayla would still be with me today.

I also believe that we would have a better driving culture and we wouldn't be leading the nation as having the worst drivers and the most pedestrian and vulnerable road user deaths.

Um this is an important foundational change that'll elevate our code to other pure cities, creating safer streets.

So I hope going forward there are plans in place to review this code, either through regular review process or having standing triggers for review, such as new infrastructure that does not exist in the code, and our review really shouldn't be reactive as it was in Kayla's case because we can't let another 50 years lapse and people lose lives and have no protection.

So I really hope for your support that this ordinance gets passed and we really start pivoting.

Thank you.

Diana Zamora, followed by Tad Numitsky.

Okay.

Good evening, Madam President Bassan and members of the city council.

My name is Diana Zamora.

I'm Melinda Montoya's mother and Caleb Van Landingham's grandmother.

Kayla was killed by an attentive driver on July 22nd while crossing on her bike at the Honor Royal Bike Path at the Carlisle and Delamar intersection.

The driver admitted she did not notice the flashing lights for the stop cars.

She struck and killed Kayla.

Kayla was only a few houses away from her home.

Kayla never made it home that day.

My granddaughter had her whole life ahead of her, and that was cut short.

The current law and ordinances have some crossings appearing to be protected, but legally are not.

Cyclists do not have the same protection as pedestrians under the current ordinance.

That's a big red flag to me.

The driver was not charged with a single offense despite clear negligence, which resulted in the death of my granddaughter Kayla.

The ordinance before you has been reviewed and updated to reflect the changes that have occurred in the last 50 years.

So moving forward, there will be driver accountability and vulnerable road user protection.

In addition, I believe that there was and is an assumption by myself and some of the public that you slow down and yield in the case of yellow caution lights.

Although my observation at that crossing proves me wrong.

Honestly, I'm angry that it is had had to be the death of my granddaughter and the advocacy of my daughter to bring this issue to light.

I appreciate that the council has seen what a serious problem this is and have addressed the ordinance and infrastructure concern to protect vulnerable road users.

If my daughter had known what she knows now, then my granddaughter would never have been permitted to use the crossing and may have been alive today.

Kayla's death revealed deep flaws in how our laws protect the most vulnerable pedestrians, cyclists, and people with disabilities.

I support the proposed changes to this ordinance, which is the foundation and a step towards the prevention of future needless deaths in the city of Albuquerque.

In addition, my hope is there will be a proactive process to review this ordinance in the future.

My granddaughter lost her precious life, and my family will struggle without her till the end of our lives.

Thank you.

Tad Numinsky, followed by Eva Montoya.

Thank you.

Teddy Nimski again.

Okay.

I will say that one business at Carlio and Central.

I just I had to get to my house and then get ready to get here.

Going to Wyoming Central.

When I approach San Pedro, I notice already trade back up.

All the way to Louisiana.

I don't know how far much farther.

Because I know that people were taking looking for to exit.

You can go north because that's state state property.

So anyway.

Homeless people all over all over to each other.

Halfway from San Pedro and Louisiana.

Well, where we what is going on?

Where this money goes?

Why don't you do something about police officers also hard to get because they are busy with homeless people, etc., etc.?

They just simply discuss it.

Why because you taking late lay in that central and other streets too.

Eva Montoya, followed by Sonnei Perez.

Um good evening, President Hassan, Council members.

Um I'm just here to support the amending of the traffic code and here to support my mom and my sister, and I and everything they've said earlier.

Um yeah, it's our whole family's been struggling with everything that's going on, and it's good to see that there's changes being made, and I really appreciate everything you all are doing.

Um you know, honestly, I didn't know a lot of the issues we had with like um, you know, just looking up the whole Vision Zero program and stuff like that.

And I hope these changes make put us on the track to actually achieve that in the future.

And there's a lot of work we have to do in the city, and it's not just changing these laws, it's the culture too of our city that needs to change as far as as driving goes and people being more attentive and changing the infrastructure.

So it's just hard, like losing Kayla.

She was so precious, and I don't know.

Just think you all appreciate having Sonny Perez.

Good evening, counselors.

My name is Sonai Perez.

Uh, I live in Martineztown, and uh in this neighborhood, there are a ton of speed bumps, which I am thankful for and would like to ask for speed bumps on Carlisle, close to Delamar, where Kayla Van Landingham lost her life.

This intersection, as well as the one in front of UNMH on Stanford and Lomas, where Alec Montoya also lost his life, are problematic intersections.

I was told that because of the speed limit, putting speed bumps that speed bumps there would make it more dangerous for drivers.

These higher speed limits puts residents and pedestrians at risk.

I support the traffic code and sidewalk ordinance and the resolution to improve safety because it provides a framework to address these gaps.

I am asking the city to extend the traffic calming and speed control to areas around these established cycling paths.

And I'm very disappointed that the mayor himself said during a press conference that they were aware that this was a dangerous intersection and yet wasn't impelled to do anything about it until Kayla's life was unjustly taken away.

To add insult to injury, there has been no charges.

No one has been held accountable.

With all due respect, I appreciate the city's efforts now, but frankly, it seems like it's too little too late.

And I pray that all of our loved ones are safe driving, walking, cycling on the streets of our city.

Thank you.

Madam President, that concludes comment on O 98.

Thank you.

Counselors were on 098 as amended.

Any questions or comments?

Councilor People Corn Deposition.

Thank you, Madam President.

Um I I just want to start with saying that I think I said this last time, but I'll say it again.

This is really for Kayla.

I was never lucky enough to meet Kayla, but I have met her mom, and um, if she's anything like her mom, she was an incredible young woman, and I'm very sorry that the family is going through what they've gone through.

But I do want to say that this legislation that you're here that you're seeing tonight is because um just days after her daughter's death, Linda Montoya reached out to me to meet to say what can we do to make things better for other people, and I think that's an incredible thing to do.

I'm not sure I would have even been up yet, and she was already wanting a meeting, wanting to know how do we make it better for others.

Um, so we pulled together a working group, and I want to thank all of the folks that participated in that working group, including Senator Cedilla Lopez, um, Senator Bergman, Representative Parrahone, all the bike ABQ folks that came together and thought through what we can do in this legislation in the next piece of legislation at the state.

All of those levels were discussed, and I'm really proud of that working group.

So I definitely agree.

This is too late.

Um, but it it's it's time to do this.

We have to do this for others, and I think that's what Melinda and Kayla would have wanted.

I just want to point out that when our original traffic codes were put in place, there weren't hock signals.

They didn't even exist in Albuquerque, and so we have to update this.

We have to show how they work.

I do want to point out also that there is a hawk signal going in at this the um intersection where Kayla's accident was, and so though that is in progress, and we will do more.

We're having seven in the next year, and I'm hopefully to be able to raise money for additional ones.

But it only works if there's also legislation behind it that says that if you don't do what you're supposed to do at a hawk signal, you can get in trouble.

So I think everybody deserves to be safe, um, no matter how they get around town, and that's the aim of this legislation, and I urge your support.

The motion is for 098 as amended, madam clerk.

Counselor Bacca.

Yes.

Counselor Champagne?

Yes.

Councillor People Corn.

Yes.

Counselor Grout.

Yes.

Councilor Lewis.

Yes.

Vice President Penion?

Yes.

Councilor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Bassan.

Yes.

Passes unanimously.

Moving on to R 196.

Councilor Febalcorn.

Thank you, Madam President.

R196 is taking measures to improve safety for bicyclists, pedestrians, and other vulnerable road users.

I move it due to pass.

There's a motion and a second by Councillor Grout.

Council Feeblecorn to open.

Thank you, Madam President.

So this is the accompanying piece of legislation.

This one says that while we just passed a really important update to our traffic code, it's only as good as the education and outreach that we do with the community so that everyone knows about it.

And so this is saying that we will have a comprehensive education and outreach program, and that we will also be sure that everybody who's driving a vehicle for the city of Albuquerque will also receive that training.

And so I think it's it's the perfect accompaniment.

And I I think Councillor Grout said it last time, but I'll say it this time.

This is actually in my mind more important than the actual update to the traffic code.

We have to make sure people understand what's expected of them if they're driving a vehicle or if they're on a bike or if they're on foot.

Everyone needs to know the rules so that we do not continue to be number one in the nation for traffic deaths.

It is unacceptable for our city.

Counselors, there are a couple of amendments.

Councillor Grout, amendment number one marked A in our packet.

Thank you, Madam President.

Uh floor amendment number one.

Will we do it number one?

Um, it is um on page two, line 11, delete paragraph C of section two and replace it with the following.

C, the administration beginning January 2026 shall monthly present at this city council meeting on the public education campaign's progress, scope, methods, actions, outcomes, and if additional resources are required, the presentation shall occur through the term of the campaign.

The reason for this is providing monthly uh presentations at the council meeting on public education campaigns, creates one more conduit to educate the public about the changes to the traffic code.

It also informs this informs the city council on the progress of the campaign and provides the administration with the opportunity to request additional resources if needed.

I move uh for this amendment.

Second.

There's a motion and a second by councillors Papel Corn and Champagne.

Counselors, any questions on amendment number one?

Counselor Rogers.

Thank you, Madam President.

Could we just switch the monthly and present?

So it says present monthly instead of monthly present.

I think that that might be a clerical error or a clerical change more than actually needing to change anything further.

Okay.

Thank you, Madam President.

I just like to be read read clearly.

Counselors, any other questions?

I do have a question.

How long uh in reading this legislation?

Uh, how long is the public education campaign?

Madam President, would you like for me to answer?

Okay, in just a minute.

Thank you.

Mr.

Manicucci, do you know?

Does it yeah?

If you madam Madam, Madam President, members of the council looking at the camp looking at the at the resolution, it doesn't say a specific term.

It does have monthly, it does have a reporting time of 120 days, and then again it does have monthly um a monthly report.

You I think you might want to defer to the sponsor who wrote it what the intent was.

However, these campaigns are known to kind of have a life, a long life to make them effective.

They can start out with a an intense period.

Then as time goes on, as the people who have to enforce and so forth notice that there's re-education needed, they can reinstitute some education.

The example I would get would be the DWI and speeding campaigns.

Thank you.

And I am going to ask the counselor, but I also wanted to hear from the director of the intent and what the understanding is for the length of the campaign.

Madam President, so we in the Department of Municipal Development and the City generally strongly support the sentiments that the educational campaign is is the most important part once we get the law changed.

And so I agree with Mr.

Menicucci that there's no intent for an end date of this campaign.

I think honestly, just like city driver training, just like all the trainings that we do, it should be ongoing and we should see what works, what doesn't work.

I am happy to present to council on how it's going and what improvements that we're seeing.

And so I I do not envision an end date at all.

Um, and I think we we see what's working and what's not, and hopefully I will be presenting to you on the greatly reduced number of um traffic accidents that we will be seeing through all of the changes we're doing here tonight.

Thank you.

And counselor, I don't know if you have a different opinion that you want to make sure to I'm gathering all of the opinions to make sure that it's clear.

Thank you, Madam President.

So I I definitely agree with Director Turner that there's no end date, but one of the reasons that we specifically said in this legislation that we will utilize free um free things like billboards and radio spots and public service announcements, is that we can continue that for as long as we need to, hopefully forever.

Um the intent was the upfront part and the development of the actual outreach campaign would be kind of intensive, and we would do a lot of those things, but we can continue it into the future using our free PSA activities so that it's not a giant hit to our budget, but also we continue to remind people that when you use the roads in whatever format you have responsibilities.

Thank you.

And to be clear, I think that it seems based off of committee and the last council meeting, it seems like everybody agrees.

I hate to always, I don't want to speak on everybody's behalf, but it seems like everyone said at one point or another, this is super important to have the education campaign.

My heartburn comes from the idea that we have council rules on how many presentations are set up per each council agenda, and if we start dictating monthly reports and monthly presentations for one thing, then that to me is going to start adding up on how is this going to look for the rest of the month, how is this going to look for the other important presentations?

Uh and my curiosity was at first, if this was going to be a 180-day campaign, then I could see all right, let's let's suck this up for six months.

But if this is going to be something in perpetuity, I on one hand agree we should use any kind of means necessary to make sure that the public is aware of the education, the means necessary to make sure they learn how.

Um but I don't think I support doing it monthly.

I don't know if an EC quarterly would work.

I don't know if the first three months we have a monthly presentation, but then after that it turns to an EC quarterly, which then one of us can pull and we can discuss further at a council meeting.

Uh, but I really hesitate to start uh putting into legislation that we're going to have monthly reports and monthly presentations on things because I'm really concerned that's gonna end up having an unintended consequence for everybody.

Councilor Grout.

Madam President, I do um I do share that.

I thank you for that concern.

I that makes sense to me.

What's important to me is while this is you know, we're trying to get the education out to people, and so while it's being developed, I think that like we get all these monthly or weekly reports every two weeks, but our process is to get the word out, and so I don't want it to be an EC that we just read every you know, and then nobody else sees it because people don't read the ECs like we do, and so they have no idea.

And the purpose of this is to get the word out and to educate the public.

And so um we could amend this amendment, um, but I want it while it's being in development.

I'd really like it to be shared monthly, which would be every other uh council meeting.

We could we could adjust this to be for the next six months if we want.

Um and then um, and then like you recommend um we we can go we can change it and pull it off and you see, but maybe so how could we change that?

So councilor grout.

I think that I will make an I'm gonna make a motion to amend amendment number one to R 196 and to say that it shall read shall present monthly at the city council meeting for the first 180 days beginning in January 2026, and then quarterly through the form of an EC thereafter.

There's a motion and a second by counselor grout.

I can try to repeat that for the clerk or for staff.

We're pretty close.

You can always watch it again after January 2026, shall present monthly for the first 180 days and then quarterly through the form of an EC thereafter.

Second is by Councillor Grout.

Any questions to the amendment to amendment number one?

All right, madam clerk.

Councilor Bacca.

Yes, Councilor Shanghai, yes, Counselor People Corn, yes.

Counselor Grout?

Yes, Councilor Lewis, yes, Vice President Penin?

Yes, Councilor Rogers.

Yes, Councillor Sanchez, yes, President Basson, yes, passes unanimously.

All right, counselors, we're back on amendment number one as amended.

Any other questions or comments?

You have a councilor Rogers.

Thank you, Madam President.

I just want to make sure that we flip the shell and the monthly because I didn't see that reflected.

Thank you.

All right, counselor grout to close on amendment number one as amended.

Thank you.

I just I just I would be heartbroken if my I don't want this ever to happen to anybody.

And so like you said, counselor feeblecorn, um you the Mantoya family, you are very brave, and I want to thank you.

And I want to make sure that people know that there are changes to this traffic code, and we need to educate them.

And so that is my goal to make sure that no other children or grandchildren or or adults get hurt.

So that's thank you.

Thank you for your bravery, and I urge your support on this.

Counselors, the amendment is to amendment number one as amended for our 196.

Madam Clerk.

Counselor Backa?

Yes.

Counselor Shenhai.

Yes.

Counselor Peoplecorn?

Yes.

Counselor Grout.

Yes.

Counselor Lewis.

Yes.

Vice President Penny.

Yes.

Counselor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Mason?

Yes.

Passes unanimously.

Moving on to Councillor Grout.

Amendment number two is uh marked as B in your packets.

Thank you, Madam President.

Floor amendment number two.

This one is talking about crosswalks, striped crosswalks.

And so on page two, line 14, change section three several ability to read section four severality and after lines 13.

Insert a new section as follows.

Section three, the administration sells shall submit for introduction by May 1st, 2026, an executive communication to the city council that provides a report on the number of striped crosswalks in the city, the number of striped crosswalks that require restriping, and the cost to restripe those crossings.

And so we're also getting ready for the budget.

And so we need to have those numbers so we can kind of be preparing for that as well.

So it is a process, and that's so I hope this one will pass.

Councilor Champagne.

Clean, clear.

So I don't know if we can add to that onto that report of a status of all the um the flashing lights for bike paths and making sure that they are up to code or working cleaned and preferably LED switched out from a Hollogen to an LED light, so it is bright.

Councilor Champagne, is that a question?

I I it kind of is.

I mean, uh, it's an asking if if is it possible to add to the amendment because of of the electronic side of it uh in the parts of the crosswalk, if that's is that acceptable?

Perhaps I don't.

Oh, Director Turner is back there.

I don't know.

I don't know if you have an answer as to can we just change out from halogen to LED and all of that and make sure to have a maintenance plan.

Um Madam President, Counselor Champagne.

So we whenever we learn of a signal that's not working, a light that's not working, you know, we have flashing beacons all around the city.

Um, and we have those like speed radar machines all around the city, and so as soon as we learn that one is um uh having problems, we send someone out to investigate it, and unfortunately, a lot of the equipment has long lead times, and so we're not able to foot it out as as quickly as we would like.

Um so yes, we we are aware of all of our equipment around the city, it is a massive amount, and I am worried that if we are um investigating all of it all the time in a very short amount of time that that limits the time that my teams have to actually improve some of these other crossings and deal with emergency knockdowns and all the other things um that we're responsible for.

So I I absolutely think it is a fair question, and we always are looking for um flashing beacons that aren't working, but um an affirmative inventory within five months um is is really gonna stretch our resources, and so that that's just my concern.

Um, although I think as the city we should have an you know an inventory of all of our um facilities.

I just don't want to um spend I it's just a compressed time period.

Councilor Champagne Madam President, I believe the amendment says that they will report on the number of crosswalks and the cost that require the ones that are not uh up to par.

It isn't fixing them.

So is it is the five month period just to count impossible councillor champagne?

Are you asking about hawk button?

No, not a hawk, but the the amendment states that we we're asking to count this the crosswalks and say, okay, we have 73,000 crosswalks, and of the 73, I don't I don't know the number, ma'am, but of the 73,000, 64 of them need to be repainted.

I'm simply asking, can we do the same and count the number of beacons that are not flashing or not LED or not fixed and say we have 18,000 of them, 16 of them need to be fixed, or 16 of them need to be LED?

Is it is a five-month period uh unreasonable to simply do an inventory check?

Director.

Um Madam President, Councillor Champagne, uh if if we assign a lot of resources to it, then yes, we can do an inventory check within that time period.

Again, I'm just concerned about it pulling from um the other tasks that we have before us in municipal development.

But yes, we can get it done.

Um Madam President and Councillor Grout, would you be open to amending your amendment to add in the electronic beacons as a simple count of a simple inventory count?

Here's what we have.

And and more specifically, how many beacons we have, how many are halogen compared to LEDs?

How many need to be repaired?

Counselors will need either a motion from one of you or counselor.

Then I'd like to make a motion, Madam President, to uh add to amendment number two the number of beacons uh within the city purview or the city uh uh within the city.

Um moreover, if they're LED compared to halogen, uh, and if they're work in working order or need repair it looks like stuff is a second on it.

Ms.

Cluidon?

Uh Madam President, Councilor Champagne, uh during the discussion, we actually put together a possible amendment if uh it's it's on your iPods and up on the screen if uh you'd like to review that and see if that captures what you were hoping to accomplish and I can also read it out.

Um so the report would include the status of the condition of signals at crosswalks and improvements that are recommended and estimated costs.

That reads perfectly.

Thank you, Ms.

Kudlada.

Will you second it then?

Okay.

Okay, so it seems as though we have a motion to amend amendment number two to include what is now on the screen and what was just read by Miss Coolidon seconded by Councillor Grout.

Any questions or comments from the council?

Councilor Feblecorn.

Thank you, Madam President.

Um, I I'm sorry to ask Director Turner to come back down, but I do have a question on this.

Um I think I know the answer to this because I've been speaking with Director Turner daily for a month or so now.

Um, but what is your priority right now in terms of getting the Hawk signals installed or getting any of this installed?

What are what are the priority projects right now?

Madam President, Councillor Februar, so I have with me our bikeways plan that you all passed unanimously at about three in the morning last December.

Um and it actually has in it a list of um all the very high, high medium um projects that were um planning on in the city.

In that list, we actually have um 257 crossings that need improvements, which is a mix of pedestrian hybrid beacons or hawks, um, and rapid rectangular flashing beacons, as well as what we call geometric striping, which is stop signs and um signals and and other um sort of cheaper improvements like that for lower traffic roads.

And so we already we have a list of all of our priority crossings.

It is very long.

We're working really hard on it now, as you alluded to with a many hawks going up around the city.

And so we we have a plan um and we've prioritized all of it, and I'm always happy.

And I have our transportation planning manager, Valerie Hermanson.

We're always happy to talk about specific crossings that folks have questions about.

And then also based on sort of trying to do entire trails as opposed to just like I would call them island crossings so we can get like maximum efficiency in the improvements that we're making high corridors that there's a lot of traffic, transit corridors.

We have kind of a list of things that we use to prioritize.

And again, I'd encourage everyone to take a look at our list in the bikeways plan.

Thank you, Madam President.

So if I can just follow up with because I understand DMD, like every city department has a limited number of people to do a lot of work.

And is it is it's my feeling, but I would love to hear from you.

If we take people off of getting those hawks installed onto doing an inventory, will that delay the installation of those seven hawks that we have promised at news conferences and and talked to the media about and told the bike advocates we're coming?

Is it gonna delay those installations?

Madam President, Counselor Feblecorn.

Um I'm I'm just concerned, as you said, about staff capabilities when we are trying to implement um all of these improvements.

Um I was just talking to Ms.

Hermanson about how we could do the inventory that Councillor Champagne suggested.

I always like to say yes, you guys all know this about me.

Um we're trying to think outside the box on how we could achieve that inventory.

Um, but again, we we don't have an unlimited number of employees, but I I'm confident in our ability to think outside the box to meet whatever you know, whatever demands are put on us through the ordinance or the resolution.

Thank you.

Thank you, Madam President.

So I you know, I I want all of these things, all of them tomorrow.

I would like everything improved.

Um, but realistically, I'm just worried that we are putting too much too fast on DMD, and what I really want is those hawk signals installed so that what we've seen happen um in our community doesn't happen again.

And I I will just clarify that to my knowledge, and I've been talking about this a lot for the last couple of months, so I'm pretty sure I would know.

I there's no indication anywhere that there was a malfunctioning light of any sort.

Um, people are just not paying attention when they drive, but there is no reason to believe that there were any lights that were malfunctioning.

So I would just urge us to keep our eye on the most important things right now, and the most important thing right now is getting hawk signals in where we need hop signals and getting improvements made to crosswalks where we need improvements.

So thank you.

Councilor Grout.

Thank you, Madam President.

I have a question about that report that we passed at three in the morning last year.

Uh director.

Thank you.

Um, can you have to refresh my memory?

Does the report tell us uh like we have priorities, but it does it have a timeline and how are you doing on the um on the priorities?

How far have you gone in 11 months?

What have you accomplished and how long will it take you to accomplish the whole list?

Um, Madam President and Councillor Grout.

So what the plan does is it uh it labels everything with a time frame of is this plausible near term, is it long term, is it like we can do it tomorrow?

Um, and so you can kind of look at your project and say perhaps there are right-of-way issues, and solving this problem is gonna require years of litigation with landowners.

You know, we don't we don't um some things we unfortunately can't control.

So, no, it does not say like in nine months we'll do this, it just prioritizes and says cost estimate of how much it will cost, and then is it plausible in the near term or long term?

Um again, it's all contingent on funding, of course, and I think um the ordinance that you just passed dedicated um our automated speed enforcement funding to the plan and to vision zero, and so we're very grateful for that.

Um, and so I there's a lot of I guess there funding um complications involving the the different measures that are provided.

So, no, there is no specific like this will be done in six months, this will be done in nine months.

Um, I'd be happy to list the where we are on many of the things I know, for example, Buena Vista Bike Boulevard is called out in here, and um, we've had several um well-attended uh supportive public meetings about that project of the last few months.

I think um a couple of you went to those meetings actually.

So um I I'd have to go through and give you an update on each individual project, but we are making a lot of progress on them.

Thank you.

Um, one follow-up.

Are any of the projects on that list done?

Are any of the projects on that list done?

Madam President, Councillor Grout, I'm not aware of any being done, but it does have the improved crossing on Carlisle at Del Mar, which will be done in the next couple of weeks.

And that's on the list.

Yes, that is on the list, and it is under construction right now.

Well, I'm really glad that's the first one that's being done on that list.

A little too late, but it's still I'm glad it's being done.

And it's not your fault, I understand.

Thank you.

Are outside contractors going to be installing any of any and all or some of the Hawklights, or is it DMD staff?

Madam President, great question.

So we have partnerships with outside contractors.

We have staff who are the engineers and the project managers, and they work hand in hand with our um with outside engineers as well as with the contractors.

Um in Albuquerque, we do not have as many contractors as we would like working on striping and on some of these signal issues because it there's always uh it seems like there's always long lead times, there's always scheduling issues with some of these projects.

So, yes, it is both city staff and outside contractors.

Thank you.

And then I have another question uh more on the legal standpoint of this, because I agree.

I I agree with Councilor Fubicalcorn that I want all of it.

I mean, it makes sense, all of these are good things.

I'm gonna preface my question with I think that both this amendment and even the amendment to the amendment.

I I would prefer to see in an objective for the city uh rather than in this resolution.

Um I think that to find some kind of balance between how do we make this really happen because it's super important, but also not bind us in a corner when we have other things to do without compromising additional safety hazards.

But my question for legal, um, and I'll start with Ms.

Coolidon and then ask Mr.

Roland too is uh if we were to go ahead and say we want to do an inventory of all of the different lighting and whatever, and if they're working and not, and have that in a report by May, what does that do for liability?

Not that I'm saying we shouldn't want to know and that we shouldn't want to fix things and that they shouldn't malfunction in the first place.

But if we put them in a public report, what is that going to do for the timeline of repair?

If we can't fix something and we know it's broken and something else happens, what does that do for liability for the city?

Madam President, so the the report that exists does currently contain some of those um inventory um provisions, and so that that sort of is already already in existence.

I think that there are um certainly some liability issues that could arise now, and if we continue to include that information in our report.

Um so I think that that's a that's a valid question.

Mr.

Rowland, do you have anything else to add or uh yes, Count uh President Bassan?

Umledge, knowledge can always increase liability.

So I I don't want to sit here and say that um any time we we don't want to avoid finding knowledge just for the the sake of avoiding liability.

Um but what when it comes to this to city and municipality liability and government liability, knowledge isn't on its own what sets the liability.

Uh there is the capability um of the municipality to act on that knowledge that makes a significant difference.

So I I wouldn't want to sit here and from a legal opinion caution against doing the work to find out what is safe or not safe or what needs to be repaired or isn't repaired.

Um but I to answer your question directly any time the city has knowledge of something and does not do something based on that knowledge, it does increase the liability.

But that's not to say that there aren't defenses to that liability if it does come up.

Okay, and I mean I'd again I think that this is really good, but I I would prefer to see it in an objective so that we can have a goal without backing us into a corner with timelines that we might be setting ourselves up to fail, not because of anybody trying to do something wrong or but just truly resources.

Um so those are my concerns and reasons.

Um of the questions that I had, Councilor Champagne, you also had questions.

No, I think you the your term that you said is it is a goal.

Um I saw this as an opportunity with with Councillor Grout's amendment as here.

Let's do this.

Um it was announced here that we go and repair things when we're notified that they're broken.

I I want the city, I want us to be able to proactively go at it.

We should have an inventory of what the crosswalks are.

We have we have an inventory of our trees and our parks of how long they've been.

There's an app that the parks look at and go, oh, that tree's been there for this many years and was planted here.

We need to be proactive in this and know what our inventory is, know why a crosswalk is time.

It's 10 years, it needs to be repainted.

Um, so and maybe the the the fear of the May 1st timeline is saying that it's it puts a crucial uh the time crunch is too much, but I'm trying to be proactive, not to say that something was broken, but I don't want the excuse to be there.

I don't want someone to go, I didn't see it because it wasn't it was dirty, or we had we lost an officer because he hit the back of a street sweeper that the lights weren't working, and two of them were dirty.

And since then, they'd make sure before they get in the street sweeper that the light bars cleaned and it's available and it's visible.

So I'm I'm just trying to get the city to be a little more proactive and be ahead of the game instead of waiting behind something to happen.

So I don't I'd like your idea that it's and maybe it's not an amendment, and I don't know the term you use, that it's a goal.

Let's do this, let's get the inventory, let's get the crosswalks done so that now, if it isn't in this budget, it's in the cleanup of next year or something where we can look at it and go, we need to fix this and get ahead of the game.

So great point of how you put it, that it's a goal of ours.

Thank you.

Okay, so with that though, counselor, we are still on amendment amending amendment number two to include what was added by staff earlier for doing this count, correct?

Yes, ma'am, and I urge your support.

Okay.

So the motion is uh amending amendment number two to R196, Madam Clerk.

Counselor Bachet.

Yes.

Counselor Champagne?

Yes.

Councillor Tapicorn, no.

Counselor Brown?

Yes.

Councilor Lewis.

Yes.

Vice President Pinion?

Yes.

Counselor Rogers.

Yes.

Counselor Sanchez?

Yes.

President Passan.

No.

Passes on a seven-two vote.

We are on amendment number two to R 196.

Counselors, any additional comments or questions?

Councillor Grout to close.

I um I can tell you right now, uh, Central, no.

San Pedro and Manal and San Pedro and Lomas.

Those crosswalks are very hard to eat to see.

And I don't want I don't want an excuse that I couldn't see it.

So that's I want this.

I want this is important to me.

And I like the proactive.

We need to be proactive instead of reactive.

Because that's what we're doing right now is reactive to something that happened.

We need to be proactive.

I heard your support.

The motion is for amendment number two as amended to R196.

Madam Clerk.

Counselor Baca.

Yes.

Counselor Champagne?

Yes.

Counselor Paperquire.

No.

Councilor Growth.

Yes.

Counselor Lewis?

Yes.

Thanks, President Penny.

Yes.

Counselor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Lasson?

No.

Pass this on the 7-2 vote.

All right, Counselors.

We are back on R 196 as amended.

Are there any other amendments?

All right, we will go on to public comment.

Mr.

Cornelius.

Thank you, Madam President.

We have Melinda Montoya followed by Diana Zamora.

No, no.

Uh good evening, President Bassan and Council members.

Um, my name's Melinda.

I'm Kayla's mom.

Um I really just hope that you all vote in favor of this resolution.

And I also appreciate this amendment that you guys just made in order to be proactive for all road users, not just the vulnerable road users, including the drivers.

I mean, it's important that we see these things as well.

Um I, as a health care provider, and as I navigate also completing another degree in public health, uh, education's a crucial piece and lasting behavior change.

I hope that you also consider partnering with APS to educate our youth as campaigns such as the quit smoking campaign were absolutely successful due to the youth outreach and the messages they brought home.

Um they will be the first to police their families to call out behavior changes.

Um, as a mother, this component is also important because when Mayor Keller called me to tell me that the hawk light was going to go up, I had two concerns.

One, we didn't have a code to support it, and two, how are we going to get people to actually use the lights correctly as they're shown to only be moderately better than no light if there's no education?

So this resolution is absolutely essential to reinforce the safety and knowledge to properly use this safety infrastructure.

I hope that you also can consider expanding educational campaign to contain comprehensive education around vulnerable road users.

Motorists must be educated because the onus of safety knowledge shouldn't solely be on the vulnerable road user to remain safe.

Motorists should also be reminded and re-educated about the Albuquerque traffic code concerning cyclists, especially if road updates don't include bike lanes, because drivers really need that visual reminder of what a bike lane is, and they often forget that cyclists get to use the roads as well.

Finally, this resolution is an essential step in the health of the public and can help make Albuquerque a safer place to drive, bike and walk.

And I say thank you, and I know Kayla would too.

So thank you, guys.

Diana Zamora, followed by Eva Montoya.

Good evening, Madam President Basan and members of the city council.

Again, my name's Diana Zamora, Melinda's Montoya's mom and Caleb Van Landing's grandmother.

Again, my granddaughter was killed by an inattentive driver on July 22nd while crossing on her bike at the Hannah Royal Bike Path at Carlisle in Del Mar.

The crossing had flashing yellow lights and signage indicating pedestrians and cyclists might be present, which did not protect my granddaughter.

My understanding is within a few weeks, the high-intensity activated crosswalk hocke system will be put in place at the Honda Royal Bike Path.

I wanted to follow up on what education has been communicated to whom through what means and how do we know learning has occurred.

What city department will be responsible for education and training, or will there be another organization?

How will Vision Zero be incorporated into public into the public education campaign?

Will there be public transparency and communication?

Do you have any examples of current public education campaigns that have a documented scope, methodology, and reported outcomes?

I know that there was an infographic on the Hawk system lights with driver and pedestrian expedition expectations that was shared that was very clear and concise.

I thought that that was really helpful.

Some other important education topics, clear education regarding yellow lights, or in the case, in this case, flashing yellow lights, various traffic control devices that are already in use, definitions, the importance that all vulnerable road users are protected, requiring drivers to stop, not just yield for vulnerable users in crosswalks or crossings, prohibiting drivers from passing stop vehicles at crosswalks and flashing beacons, strengthening drivers drivers' duty of care around bike ways, trails, and crossings.

When operating a vehicle, motors should always be alert as people may cross inappropriately and slow down as to not hit pedestrians, bicyclists, etc.

The fact that bicycles are classified as vehicles allowed on roads and bike paths, but not on sidewalks, unless being walked, leaving them in gray areas of protection.

Thank you for committing yourselves to the safety of all human beings in the city of Albuquerque.

Thank you.

Eva Montoya, followed by Sonny Perez.

President Bassan, City Council members, I'm just here to support my mom and my sister who just spoke.

I'd also like to add maybe you guys could add QR codes to this new infrastructure to so residents could easily report if they're damaged or not functioning properly.

It's relatively cheap and it would make things like a lot faster.

I don't know, for the city to react and repair things as they're damaged, and also educate people that that's that's a thing that they could use to report these things when they see something that's wrong or not working properly.

Um just like um the speeds of our the vehicles on the streets are are too high, I think, in a lot of places, and like for example, Carlisle and many of the streets in that area of town.

They're they're the three-lane roads are basically being operated like little mini freeways, and people treat them like that, and they speed constantly through those areas.

It's like, do we need like the three lanes?

I think those areas of town could be served by like a bus lane and you could slow traffic down better so we're not having these accidents where people are getting killed at high speed.

Um that's all I wanted to add.

Thank you.

Somee Perez, followed by Ted Nyamisky.

Good evening, counselors.

My name is Sonay Perez, and um, I'd like to thank uh you for your attention to detail on this bill and this amendment as well.

Um I think that the education uh regarding these lights needs to be um full proof, meaning like a child can understand what to do when they get to these lights.

Um specifically that cross light um crossway.

Um I have seen it flash yellow even when nobody was there, and so it is confusing.

Um, and so I think that it's important for us to make sure that they're operating correctly, and um, you know, perhaps making um the education of how to approach these intersections required to renew your driver's license.

Um the program that Kayla was working at the Esperanza bike shop.

I was a part of I took those classes and it made me super hyper aware of cyclists after taking that, and honestly, it was something that was life-changing for me as well, and so I uh really commend that program, and I want that program to continue so that um all of our cyclists and all of the people that take part of that program can respect cyclists on the road.

Thank you.

Tad Numinski thank you, Teddy Nimiski.

It's a central avenue, it's connected east and west of very first major streets.

Bicycle does simply do not belong uh on the central avenue.

Now you're just started with eliminating lanes now, not only transit, but between you bank and wantopo, or uh you big yeah, that's right.

For buses only lane, another lane taken away with Washington and Central Westbond, only one lane for motorist, central billion motorists, yeah, private or government driven, very simple, and you are creating new sense by your ordinance and changes pumping money into central avenue, safety for the fences all over on the middle of central avenue.

Well, that's where we live these days.

That is you go now.

That is your safety, Madam President.

That concludes comment.

Thank you.

Thank you, counselors.

Any questions or comments?

Uh Ms.

Cooleran.

I have another amendment that came up from the conversation just now, and I need help figuring out exactly where it's gonna go because basically it's gonna go after the amendment I did at the last meeting where we added in that the administration shall provide educational campaign materials to all traffic safety bureau and motor vehicle division registered driver's education schools and learning centers in the city of Albuquerque, and to APS.

And I would like to make a motion for amendment number three to R 196 to add and to APS at the end of that area.

There's a second by Councilor Champagne.

Any additional questions or comments?

Miss Cooleran, is that or any other staff?

Or should be pretty simple, but I do think that that was a very, very good point.

And I think that while we're distributing educational materials, we should distribute it to the educators.

Madam President, yes, we can make that amendment.

So it will be on page two line five.

We'll add an outkerkeeper schools APS at the end of the list.

Thank you.

Counselors, any questions or comments?

The motion is for amendment number three to R196.

Madam Clerk.

Counselor Baker.

Yes.

Councilor Backa, thank you.

Counselor Champagne?

Yes.

Counselor People Corn.

Yes.

Counselor Ground?

Yes.

Councillor Lewis.

Yes.

Vice President Penny.

Yes.

Councilor Rogers.

Yes.

Counselor Sanchez.

Yes.

President.

Yes.

Passes unanimously quick.

Thank you, Counselors.

We are on R 196 as amended.

Councilor Feblecorn.

Madam President, I just wanted to verify your amendment was on page one line 20, right?

I think they said the wrong line.

Would be on page one line 20, provided to APD and ACS.

Madam President, Councilor Feblecorn, there might be a mix-up with the the line page and line numbers based on the blue line version.

So I just wanted to verify that.

Yes.

So the intent is to add this to section two, subsection B.

Correct.

Thank you.

Any other questions or comments?

We are on R 196 as amended.

Councilor Feblecorn to close.

Thank you, Madam President.

So I'm very thankful that we passed the traffic code update.

I want to thank all the counselors for that.

But again, that update is only as good as the education and outreach to the community.

And so I'm very, very proud of this bill.

I think it's it's really an important part of making sure that everybody's safe because again, everybody deserves to be safe, no matter how they get around the city.

So I urge your support.

The motion is for R 196 as amended.

Madam Clerk.

Councilor Backen?

Yes.

Counselor Shampain.

Yes.

Counselor Capacorn?

Yes.

Counselor Grout.

Yes.

Counselor Willis.

Yes.

Vice President Penny.

Yes.

Counselor Rogers.

Yes.

Counselor Sanchez.

Yes.

President Basson?

Yes.

Passes unanimously.

Thank you.

Before we move on, uh, can we please can you make a note staff to make sure to add to goals and objectives that whole amendment as well?

Just so that eventually, once May is gone and passed, we can go ahead and have it as a golden objective to continue making these improvements and monitoring inventories and whatnot forever as we can moving forward.

R1 R201, Councilor Counselor Grout.

Thank you, Madam President.

Um R201 is preserving the name Juniper Flats for the property located at 25 Hotel Circle Northeast.

I move a due pass.

There's a motion and a second by Councillor Baca.

Counselor Grout to open.

Well, this resolution is asking the and or is ask the administration to keep the name Juniper Flats for the property at 25 hotel circle in District 9.

What's in a name?

I think there's a lot in a name.

Um I think it's important to preserve the dignity of senior citizens who will be living in this facility.

Removing this housing complex or renaming this housing complex to Gateway Senior tells everyone that it's a homeless shelter, and it's not a home is homeless shelter.

It's simply basic housing that is affordable for low-income seniors.

People have worked hard all their year for a long time for a long time at their jobs, but a lot of times those jobs didn't offer pensions or 401ks, and they counted on their social security to uh meeting their needs in retirement, but sadly that hasn't happened, and they need it, they don't deserve to be get stuck in a homeless shelter.

And so I think we should give them some dignity of affordable housing with a name that sounds like it's a regular apartment complex.

And so um I urge your support.

Counselors, we are on R201.

Any questions or comments?

Madam CAO.

Madam President, thank you.

Um Councillor Grout and I had the opportunity to speak earlier today, so um, I shared uh some of my thoughts at that time and like to be uh I think it's important to put those um on the record for you all um recognizing that council has of course the authority to name um uh entities and facilities and uh not balking at that obviously.

Um I will just point out a few things that I think are an opportunity that will be lost as a result of this, and I think it's important to to clarify that why.

Um Juniper Flats as a name is a made-up name by a developer sometime in the last six months that has little to no meaning except for uh made up by a developer.

Um I'd also say that you know we have typically named um uh in the housing space uh we have Los Altos Loths.

There's lots of thoughts around sometimes making sure we're creating names again.

When we spoke about this last week, last meeting, and the request was made for a decision at that moment at that time to change our direction.

Um, as I said with Councillor Grout this morning, I don't speak for the mayor unless I've had the opportunity to hear from the mayor and hear his uh process.

So I could not say yes uh without that.

Just as I believe is the case for all of you with your staff, they don't act without consulting you all as well.

Um it's just good respect for for the elected.

And um, so with that, these are my thoughts on this issue.

Um, and please know that I I think it's important to clarify that I think we have an opportunity to work together to name this uh this facility.

Uh I'm not unilaterally throwing out Juniper Flats.

I just wish that we would uh do that work and and um come up with the right name with for the city.

Second conversation I had with counselor was related to um section two.

Um, you know, uh we've had conversations about separations of powers.

I've consulted with um our city attorneys and Mr.

Roland um can speak more clearly, but you know, my this to me is uh oh steps over that space in terms of direction uh how it is directing.

I'm happy for Mr.

Um Roland to speak to why that is um the case for in my opinion, um, and uh he can give his Mr.

Roland.

Thank you, uh Council or uh President Passan.

Um when the courts look at uh separation of powers issues, they often and in cases like this, they often look to towards whether or not the there's an impingement on uh on the executive in the action that's being taken or a micromanagement of the the funding um when it comes to the executive actually being able to operate and execute um the directive from the legislature uh and courts generally look very disfavorably on instances where there is specific micromanagement or impingement on what the executive is wanting to do.

So uh in this case with a a very uh explicit directive within the um uh within the the resolution that limits the ability to just simply even put a sign up uh becomes very micro potentially micro management and impingement of an executive action based on appropriations that were given uh by the council.

Uh so that that would be the the caution here is that this does seem to be going in the path and potentially could be seen, and I would say almost likely could be seen by a court to be uh infringing on um the separation of powers doctrine councilor grout.

Thank you, Madam President.

Ms.

Coolidon, do you see a separation of powers issue in this resolution?

Uh Madam President, Counselor Grout, um I don't, and there the reason is because the directive of the legislature, uh as Mr.

Roland referred to, is here to keep the name Juniper Flats.

And so um the restriction on using um council appropriated funds for anything other than the name Juniper Flats would be in line with that directive, and so I see them as the financial component as sort of a subsidiary of the policy directive of naming this facility juniper flats.

Thank you.

And I have some follow-up questions.

Uh Councilor Grout, if you don't mind, can I go to public comment real quick?

Sure.

And then I will go to Council Fueblecorn and then circle back to you.

Mr.

Cornelius.

Thank you, Madam President.

We have Anami Das to speak.

Hi, y'all.

I'll be quick.

Um the uh process of changing your name is a really expensive pain in the ass.

Um, and so I wouldn't recommend it even for a building uh for a person that's hard enough.

The other thing is I actually like the new like gateway naming system.

I think it's good uh for like distinguishing which shelters are city owned and which ones aren't, and I think that blurring the lines between shelters and permanent residents is confusing and strange.

Also, the name Juniper Flats sounds like a pretty uh good drag name, and uh so I support it.

Cool.

Thanks.

That concludes comment.

Thank you, Madam President.

Thank you.

Counselors, either one of you, which whichever would prefer to go first.

Arm Russell.

Thank you, Madam President.

I just had a couple of questions.

Um, I guess for Dr.

Single.

Um, was there any conversation around a middle ground here?

Juniper Flats, a gateway facility, or anything that it feels like we can come to some kind of compromise on this that doesn't require a bill to get there.

Madam President, Council Fabricorn, we are happy to talk through the the middle ground and talk about naming.

Um the conversation was at a city council last time, and then uh a resolution came forward.

I called Councillor Grout today.

Um, and you know, we can work it's also we don't own the property yet, we don't have this uh entity yet.

We are in the process of working through that.

Um as and so it one, it's we're not there yet.

I mean, we it's a part of this was uh a statement that was made, and this is a reaction to a statement that was made.

Happy, as I said, to work through middle ground.

We've talked uh within the city about other things like La Enquera and we're you know, ways to think about the LOFs so that it is connected into the what we're doing, and um we've talked about you know, a senior living facility, a gateway senior living facility, a gateway network senior living facility as a as a definer for folks to know where the connections are.

Um, this language would indicate we would not be allowed to do anything like that.

We can only call it Juniper Flats.

Thank you, Madam President.

I um I I guess I'm I I don't care about names, um, but I will say that I I do want to say very clearly that I don't think there's any loss of dignity with the term gateway in a name.

Um the youth shelter that um will be in District 7 is called the youth gateway or gateway youth or something.

Um that name was changed without my knowledge.

Um I found out about it at a at a um council meeting, so that was upsetting.

Um, but I don't think that there's anything problematic with having that term in the name of the facility.

Um I think it it is what you read into it.

Um, but I would I would really um encourage us to find a middle ground that keeps the I mean there's already a sign, right?

So Juniper Flats is the sign that's up.

Why would we change that?

Um, but I have no problem with with kind of a tagline or whatever.

Uh I just I just felt like it was disappointing to hear that there was no middle ground that um anybody was able to come to.

Thank you, Madam President.

Counselor Rogers.

Thank you, Madam President.

I just have some questions about gateway seniors.

So can homeless seniors who don't have an income live in Juniper Flats.

Uh Madam President, Counselor uh Rogers, why do I keep calling?

I'm sorry that I keep getting names mixed up with.

We don't look anything like I just for the record, I've been calling this Rascal Flats accidentally when we've been talking.

So I don't know why.

Um and I just said it, so now it's gonna happen again.

Um I'm sorry, uh we have not fully, as you know, we don't have this property.

We um are working through all of those details.

Our intention is for individuals will have um it'll be affordable housing, so they'll it will be everything from uh 40 percent to 80 percent of AMI for that because it is intended to be affordable housing.

Thank you, Madam President.

So that means this is for seniors who could pay for rent, correct?

Madam President, Councilor uh Rogers that have a some funding for, yes.

Okay, so then that to me means it's not a shelter, so shouldn't be lumped in with the gateway networks because it's not a shelter.

Um, and I know we we approved the I think that's why I'm confused.

I know we already approved the contract for the operator, which is Monarch properties, without us owning the property.

We already passed that.

Um every paperwork, every piece of legislation, every appropriation, the state contract, everything there says Juniper Flats.

And so I I guess I'm confused on where Gateway Senior came from.

Um, and if it's not a shelter, like the other gateway system is not permanent supportive, like it's not permanent housing.

I don't think it should be called gateway if it's not a shelter.

That's our community knows that that gateway means shelter for the most part, not um permanent housing.

Um so if a senior that we have over 200 seniors in our gateway system right now, um, if there's no mechanism for them to be able to live there because they don't have income, right?

I don't I don't agree with it being lumped in with the gateway network, and so we're trying to figure out what the gateway network is.

We still haven't even gotten operations for gateway network information that we're getting.

I just don't want to muddy the waters there either.

Not a question, just my my uh observation.

If I may, Madam President, I just want to mention we have many people within our shelter system that do have income.

Um, and that's why we are able many times to help those individuals move from the shelter system into housing, because they were able to work with them to support them in using that fund that income or that funding to uh pay for um work with their funding to to be for housing.

Thank you, Madam President.

I'm very aware of the working with the provider that we have at the gateway doing the inventory of seniors.

I've seen what the income is for the seniors.

Most of them make between six and eight hundred dollars a month.

And so I still don't know what the rents are gonna be for this, like saying the 80% of AMI doesn't tell me what the rent is specifically, so that these seniors who make between six and eight hundred dollars a month can afford to live there.

I think that's my concern.

Um so that would be good to know what what is the rent gonna be for a senior.

Um and most of the seniors on our lists make between six and eight hundred dollars a month.

So um that just worries me also.

So can you grout?

Thank you, Madam President.

Um I don't know.

I have um there are a lot of the city owns several properties, and they are apartments, and they and the residents that live there have leases.

Um the people that will be living at Juniper Flats are going to have leases.

When you think of the gateway system, you think of shelters, you think of help, but you're being you're being helped, and what that's great, but it's temporary, and these Juniper Flats is going to be uh an a permanent home for these people, and they're gonna have leases, and they should have dignity.

Um I think we're we're also gonna have to fill these properties, these these homes.

And um I I just have a I'm very concerned that it's um people don't want to live in a shelter.

Gateway shelter, the gateway system is a shelter system, and I'm glad we have it.

But we need to have um these people deserve dignity.

Um Los Altos Lofts is a nice facility, it's part of the gateway, um, it's not part of the gateway system.

There are other uh city-owned apartment complexes in district nine that are for low income, and they aren't called gateway system, they aren't because they are permanent homes.

Um we don't need to be spending money on these new sites.

I think Juniper Flats is a lovely name.

Um I know that last our last meeting, um Councilor Lewis named uh a building in his district a name.

I would like to name keep this one Juniper Flats.

I think it's a lovely name.

And we can spend money on other things, yes, sir.

Uh counselor Lewis, and then we'll go back to Council Grouch to close.

Thank you, Madam President.

Um, when the when the gateway when it began, um it was the it was the mayor's solution to and the and the voters uh approved the idea, um you know, given the first 15 million to gate gateway center, but it was entirely sold on a shelter system.

It was entirely sold on um specifically, you know, eight years ago it was about what what do we do with those to those the need that are living on the streets and need shelter right now, need food and clothing.

Um it's always been uh sold as the idea of a temporary um you know shelter and system to treat and to help people uh where their needs are.

Uh this this is a this is where people live, this is a home.

Um it's got a different name, it's got a different identity.

Um I don't believe that we you know as as we just pour millions and millions of dollars into the gateway system that we just create more and more um you know purposes for it, um you know, to really it is uh it looks like to justify it.

And I also um you know when it when it comes to something like this, as simple as you know the the the council's role in naming uh buildings, and as Councilor Grout mentioned that you know we named the facility in my my district um you know with with you know definitely conversations and cooperation with the you know department there but something as simple as this to use the separation of powers argument um and we have two different attorneys here and um again it's just I I think that's really bothersome that a simple thing like this that we would bring up the separation of powers and somehow say this is an instance of micromanagement by the council and the only you know the only implication of that would be that well the mayor's gonna sue you if you make decisions like this.

Um so I would have to I would have to conclude that you work for the mayor, you're entirely you know, giving uh an argument, a legal argument on behalf of the administration on behalf of the mayor.

Um I would think that if you work for all of us, um that you would you would analyze it, you'd analyze both ways, not with the idea that hey, you know, you might get sued.

Well, who would sue us?

The only one that's gonna sue us is you guys.

And so um it's a pretty you know simple thing.

I certainly certainly think that uh you know the council should weigh in on these things, and certainly Council Grout, you know, understanding her her area and her community and and and and uh representing an area that has a has a real identity.

Um I think it's important.

Thank you, Madam President.

Councilor Grout to pose I um I'm I'm happy that um the city is is in negotiations uh to buy this property to house some fine people in our district in our city.

Um and I just think that they deserve to um live in a home that is has a lovely name and isn't associated with a shelter system, and I urge your support.

The motion is for R201, Madam Clerk, Councilor Backa, yes, Councilor Champagne, yes, Counselor Peoplequer.

Yes, Councilor Grout, yes, Councilor Lewis, yes, Vice President Pinion?

Yes, Councilor Rogers, yes, Councilor Sanchez, yes, President Epistan, yes, passes unanimously.

Counselors, we have no other business, and there being no further business, this council meeting is adjourned.