New Mexico Sun

City of Santa Fe Governing Body met June 9.

Here are the minutes provided by the governing body:

1. CALL TO ORDER

A regular meeting of the Governing Body of the City of Santa Fe, New Mexico, was called to order by Mayor Alan Webber at approximately 4:03 p.m., at the Council Chambers at City Hall, 200 Lincoln Avenue, Santa Fe, New Mexico as a virtual meeting.

2. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Councilor Abeyta.

3. SALUTE TO THE NEW MEXICO FLAG

The Salute to the New Mexico Flag was led by Councilor Vigil Coppler.

4. INVOCATION

The Invocation was led by Councilor Villarreal who read a passage from a Mexican writer on The Way of the Warrior. She recognized the City's loss of a great public servant a couple of weeks ago when Frank DiLuzio, former Fire Chief, died of occupational-related cancer after a two-year valiant fight and she gave condolences to his family.

Councilor Lindell announced that her mother went to her greater rewards last Tuesday. "Shirley Lindell was 103. She lived a life of honesty, integrity, Commitment, determination, kindness, and humanity, all spiced up with an incredibly great sense of humor. She never saw her mother do anything deceitful or malicious; never saw her sacrifice her principles to power, excess or expedience. She lived by the principles she cherished: hard work, honesty, fair play, courage, loyalty, and patriotism. She was brilliant, absolutely hilarious, and a loving woman. We are better off for her passing this way. Nothing ever made me happier than having Shirley Lindell as my mother. Thank you to everyone who has reached out to me in the last week and the stories that have been related to me about her - everyone of them absolutely comical. And I am deeply grateful that I was with her holding her hand when her spirit flew out of her body like a schoolboy flies out the school door, happy and joyous."

Councilor Vigil Coppler sent condolence to Signe Lindell at the loss of her mother and wished her all the best.

Also, she recalled when she worked at the City, she worked with Frank DiLuzio who rose in the ranks like all firefighters do. He was very well respected. Wher she left the City, he was Assistant Fire Chief. He was a remarkable fire fighter, as Councilor Villarreal said. He knew fire science very well. He went about his work quietly and knew his stuff. He developed the whole budget as Assistant Fire Chief and knew what he was doing. Even up to the last days, he was active on Facebook and had great things to say. She knew the brotherhood in the Fire Dept are grieving his loss.

She also sent condolences to the family of Tim Dodd. She worked with Tim's dad at TRD Motor Transportation Division. They worked together on getting the Transportation Field Officers certified. He had wonderful personality and a joy to work with. Tim was brother-in-law of former Senator Maez.

Mayor Webber extended his condolences to Councilor Lindell and to her family. We owe a lot to her mom because Councilor Lindell has a lot in common with the attributes she attributed to her mother including with lots of her wise sayings. It would be a best seller in a book.

Mayor Webber also extended condolences to the DiLuzio family. He left behind a legacy.

He also remembered Sandy Deitsch. She was a great art collector and very active politically. We miss her as well.

The Governing Body observed a moment of silence for those who have recently died and their grieving families.

ROLL CALL

Roll call indicated the presence of a quorum remotely, as follows:

Members Present Remotely Mayor Alan Webber

Councilor Roman “Tiger” Abeyta Councilor Jamie Cassutt Councilor Michael J. Garcia Councilor Signe Lindell Councilor Carol Romero-Wirth Councilor JoAnne Vigil Coppler Councilor Renee D. Villarreal

Members Excused

Christopher M. Rivera

Other Participants Attending Remotely Jarel LaPan Hill, City Manager Erin McSherry, City Attorney Kristine Bustos-Mihelcic, City Clerk Kyra Ochoa, Acting Community Health and Safety Director Regina Wheeler, Public Works Department Director Alexandra Ladd, Affordable Housing Director Joe Abeyta, Host Elias Isaacson, Land Use Director Jesse Guillen, Legislative Liaison David Chapman, Grants Administrator Rich Brown, Economic Development Director Geronimo Griego, Acting Fire Marshal Andrew Padilla, Police Chief Ben Valdez, Deputy Chief of Police Carl Boaz, Council Stenographer

6. APPROVAL OF AGENDA

Mayor Webber requested an amendment to put the Executive Session at the end of the agenda.

Ms. McSherry asked to move the action item along with it.

Mayor Webber agreed.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Vigil Coppler, to approve the agenda as amended with the Executive Session and the Executive Session Action Item moved to the end.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

7. APPROVAL OF CONSENT CALENDAR

Councilor Vigil Coppler and Councilor Garcia requested Item 10 (d) be pulled for discussion.

MOTION: Councilor Cassutt moved, seconded by Councilor Lindell, to approve the Consent Calendar as amended with item 10 (d) removed for discussion.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal, Councilor Villarreal.

Against: None.

Councilor Villarreal asked if the Governing Body could have voice votes.

Ms. McSherry said it would be okay for matters allowing voice vote. We don't have guidance for that. She and Ms. Bustos-Mihelcic still thought we should do roll call in hybrid meetings.

8. APPROVAL OF MINUTES

a. Regular Governing Body Minutes - May 26, 2021

MOTION: Councilor Garcia moved, seconded by Councilor Cassutt, to postpone approval of the minutes from May 26, 2021, for addition time to review them.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

9. PRESENTATIONS

a. COVID-19 Update Pursuant to Resolution 2020-51. (Jarel LaPan Hill, City Manager, jlapanhill@santafenm.gov, 955-6848 and Kyra Ochoa, Acting Community Health and Safety Director, krochoa@santafenm.gov, 955-6603)

INFORMATION ONLY

Director Ochoa was very positive about how we are doing in New Mexico, Santa Fe County and the City with 75.2% having at least one shot and 65.2% fully vaccinated. She gave a shout out to McKinley County which has 95.7% fully vaccinated. Our infection rates are falling dramatically, and all counties of the State are Turquoise. Weekly meetings are moving to smaller vaccination events and DOH is moving back to their office. There is an event at the Southside Library and one at Santa Fe Community College. Christus has a walk-in vaccination site and La Familia does on Fridays. The new mobile health unit assists with homebound residents. Upcoming Markets and DOH is working with Christus to ensure testing is happening to make them very safe.

10.CONSENT CALENDAR

a. CONSIDERATION OF RESOLUTION NO. 2021-30. (Councilor Cassutt) A Resolution Notifying the County Clerk of the County of Santa Fe That the Regular Local Election to be Held on November 2, 2021, Shall Include Elections for One City Councilor From Each Council District and the Mayor for the City of Santa Fe. (Kristine Bustos - Mihelcic, City Clerk: kmmihelcic@santafenm.gov, 955-6846)

Committee Review: Introduced: 05/26/21

Quality of Life Committee: 06/02/21

Public Works and Utilities Committee: 06/07/2021

Governing Body: 06/09/21

b. Submit for Review US Department of Justice, Office of Justice Programs, Certifications and Assurances by the Chief Executive of the Applicant Government. (Andrew Padilla, Chief of Police Department, aapadilla@santafenm.gov, 955-5102)

Committee Review:

Quality of Life Committee: 05/19/2021

Public Works and Utilities Committee: 06/07/2021

Governing Body: 06/09/2021

c. Request for Approval of the Modification to Grant #1 and #2 to Contract 17-0519 to Redistribute Funding Levels within the Previously Approved Cost Elements in the Financial Plan, and Extend the Expiration Date from June 15, 2021 to June 15, 2022. (Porfirio Chavarria, Wildland Urban Interface Specialist: pnchavarria@santafenm.gov, 995-3119)

Committee Review:

Quality of Life Committee: 06/02/2021

Public Works and Utilities Committee: 06/07/2021

Governing Body: 06/09/2021

d. CONSIDERATION OF RESOLUTION NO. 2021-31. (Mayor Webber) A Resolution Establishing an Operation Plan for Bicentennial Pool for the 2021 Season. (Regina Wheeler, Public Works Department Director: rawheeler@santafenm.gov, 955-6622; Gino Rinaldi, Acting Recreation Division Director: earinaldi@santafenm.gov, 955-4710)

Committee Review:

Introduced: 05/12/21

Public Works and Utilities Department: 05/24/21

Quality of Life Committee: 06/02/21

Governing Body: 06/9/21

This item was pulled for discussion by Councilor Vigil Coppler. Directors Wheel and Rinaldi were present.

Councilor Vigil Coppler explained she pulled this for consideration of the amendments proposed that address the item in various ways. We should not be wasting water now being wasted. She understood some repairs to the Bicentennial Pool are going on but those won't hold for long. Much has been said about this. For this season, it might be judicious to get into some of the amendments. She asked for the long-term picture if the Council wants an outdoor pool or discuss where a new one would be located and whether Bicentennial has outlived its usefulness. She believed it has and now if falling apart. She felt putting more money into it could be better used for a new one and asked how much a new outdoor pool would cost. She wanted to know what Councilor Villarreal and Councilor Garcia had proposed as amendments and Mayor Webber also proposed an amendment.

MOTION:

Councilor Garcia moved, seconded by Councilor Romero-Wirth, to approve the Resolution for an Operation Plan for the Bicentennial Pool.

Discussion on the Motion:

Councilor Lindell asked Director Wheeler if there is an estimate and time frame for opening of Bicentennial Pool for the summer session.

Director Wheeler said the pool can be opened safely at this time. It does have leaks that lose a maximum of 130,000 gallons per month. Some repairs have been done that are estimated to save about 20% of the leakage, although the pool has not been filled yet.

Director Ochoa clarified that, in terms of staffing, we could open Bicentennial, but would have to close one of the other pools, either GCCC, Ft. Marcy or Salvador Perez, because of staff shortage.

Councilor Lindell asked if there would be any repairs done first.

Director Wheeler said no. The City would not make any other repairs before opening this summer.

Councilor Lindell pointed out that we are talking about 130,000 gallons per month. How much water do we put on golf courses?

Director Wheeler said the City puts about a million gallons per day on the golf courses.

Councilor Lindell said with two golf courses, that would be two million gallons per day on a daily basis and not a monthly basis.

Councilor Vigil Coppler appreciated that difference but observed that we don't put treated wastewater in the swimming pool like we use on the golf course.

Councilor Villarreal said that was discussed at length at the QOL meeting, and thought the important piece was the staffing element. Having to close another pool would be challenging for us, considering how long we have been waiting for Salvador Perez to open. Closing Genoveva Chavez would not make any sense. Also, we don't really know what we have on our hands at Bicentennial until we start digging. Although it is disappointing, we should err on the side of caution and not open Bicentennial Pool this season. With an amendment to state that pool assessment is needed, Once it was completed, Council would hear a presentation on it. She supported that action. It is a hard decision to make but something must give.

Councilor Cassutt asked what opportunities we have for children in a pool. She asked if a tot pool is open at Ft. Marcy.

Director Rinaldi said there is a tot pool at Ft. Marcy and it will be opened to handle a limited number of kids. That is what we have at this point.

Councilor Cassutt assumed it will be on reservation basis.

Director Rinaldi agreed.

Councilor Cassutt asked how many families can fit in that pool.

Director Rinaldi said probably one or two. It is not a big pool.

Councilor Cassutt supported keeping the Bicentennial Pool closed this drought year and hope that people can find other opportunities for recreation. We are coming out of a really hard year.

Councilor Romero-Wirth added her support for closing the pool. We should lead by example how we handle our water usage. If we cannot fix the leak and it requires a lot of work, it would not be possible to open it.

Councilor Vigil Coppler asked Director Rinaldi about the water slide at GCCC that goes into a wading pool. She asked if that was open or closed.

Director Rinaldi said it is the leisure pool which needs to be replastered and is not scheduled to be open until this fall.

Mayor Webber asked if the City has reached out to other pool providers to seek an agreement if the Bicentennial Pool is not available. It would be more options for more families, especially kids learning to swim.

Director Ochoa said Staff spoke to SFCC that offers lap swimming for folks. And we have begun conversations with Solano Pool and some others to see if we can create formal arrangements and publicize the

rtunities for children. There are families who want their children to swim laps and others who don't want their children to swim laps.

Mayor Webber asked if there were any ways to provide information for families who want more swimming choices.

Director Rinaldi noted some of the conversation has involved lifeguards and where have they gone. We want to do more with youth in the pools and that means coordinating the time frames. That is coming along as well as instituting swim lessons. As we begin to hire more lifeguards. We are working on hosting several lesson opportunities right now and hopefully, we can get kids to apply and pick them up.

Amendment to the Motion:

MOTION: Councilor Garcia moved, seconded by Councilor Vigil Coppler, to approve the amendment by Councilor Villarreal and Councilor Garcia to the Resolution which was on page 3 of the packet on line 25, after "Shell" to strike the remainder of the sentence and insert, "in lieu thereof, keep the Bicentennial Pool closed for 2021, and once a full assessment of the pool is completed, provide a presentation to the Governing Body to discuss the assessment and potential options for next step."

Mayor Webber said the amendment he offered said "for the 2021 summer season."

Councilor Garcia said he did not anticipate the Bicentennial Pool would be open for any part of 2021.

Discussion of the Amendment:

Councilor Garcia said he proposed this because there has been no appropriate assessment where the assessor is willing to sign off on it. How much it will cost needs to be known. Councilor Vigil Coppler raised a good point to compare it with what a new pool would cost. Bicentennial is iconic. His daughter wanted to show off her new swimming ability. She learned to swim last year at a lake because this pool was not open. But now she cannot show her friends how well she can swim, and that is disappointing. But we must figure out what is going on with it.

Councilor Lindell commented that this is a tough vote. We don't have a pool for kids to splash around in this summer. It is painful to support it. Kids are supposed to be able to splash around in a pool this summer. Councilor Romero-Wirth was right that we have to set the example. Councilor Lindell was really frustrated. We needed a much earlier assessment and much earlier repair. The City can do better than this. She worked with Director Wheeler weeks ago and have been over at the pool. Her Department Staff has worked very hard on it to try and make it happen. Not to open even one outdoor pool is painful. We use far more than 130,000 gallons in irrigation at various parts of the City

Councilor Villarreal asked Staff if opening the pool even with the leak, was to include the kiddy pool or just the lane portion.

Director Wheeler said it would be the whole pool.

Director Ochoa agreed. This conversation began in early January and then we were limited by the Governor's orders and gathering was not possible.

Mayor Webber saw the memo for this says the pool is 45 years old with no renovations since it was built. It is a longstanding problem left unattended for years and years. And now we are faced with a choice whether to keep it open with band aids or not. It is also a staffing issue. In the cover memo in the packet, our team looked at it effectively and what could be a potential 20% savings of water. But still over 100,000 gallons per month would be lost. There is a national shortage of lifeguards. They are in short supply in every community in the US. So we are making tradeoff choice which means no good answer; only one that makes sense. We are in a severe drought period and asking people to save water used. And, at the same time, an outreach for finding other pool resources for summer fun. We know that no repair would fix the problem. In the immediate evaluation, we found contractors who would not guarantee their work for what is a series of different leaks.

VOTE: The motion to amend was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

VOTE: The motion as amended was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

11.DISCUSSION/ACTION ITEMS

Request for Approval of a State Capital Outlay Grant Agreement for a Supportive Housing Facility Project 20-E2745 in the Amount of $844,470 to Plan, Design, Construct and Renovate a Facility for Homeless and Below-Market Renters, Including Housing and Services in Santa Fe. (David A. Chapman, Grants Administrator, dachapman@santafenm.gov, 505-660-2619) 1) Request for Approval of a Budget Adjustment Resolution (BAR) in the Amount of $844,470.

Committee Review:

Public Works and Utilities Committee: 06/7/2021

Governing Body: 06/9/2021

Ms. Bustos-Mihelcic read the caption for this item. She noted the BAR also was involved.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Cassutt, to approve the grant agreement and the BAR as presented.

Discussion on the Motion:

Councilor Garcia was not sure people had a chance to view what happened last Monday at the Public Works Committee meeting. There was discussion about resources going to a particular entity. This is an RFP process, and he asked if the City qualified Santa Fe Suites by stating the original intention that the resources were going to be directed to Santa Fe Suites. H believed we don't have that authority, given that it is an RFP process. He wanted to make sure the Governing Body was not breaking any rules by choosing Santa Fe Suites before "the gate was opened."

Ms. McSherry understood this agreement was accepting funds from DFA. Later, there will be a procurement for construction services and that would to to a construction company, subject to the Procurement Code.

Councilor Garcia heard at the Public Works Committee that Santa Fe Suites would have to apply for the resources. He asked Mr. Chapman if that was correct.

Mr. Chapman agreed they would have to apply for them.

Councilor Garcia asked how the City can say the resources are going directly to Santa Fe Suites but is an RFP process.

Mr. Chapman explained the agreement with the City and the space and the procurement process following that would make sure we are doing it properly. Santa Fe Suites was brought in because they have essentially provided the background and the history for this appropriation.

Councilor Garcia asked, if another applicant who could demonstrate ability to meet the requirements were to apply, but the funds are already earmarked so there is a competitive advantage from the get go. He ask, when it comes to procurement, where the City would stand. We've already said in the RFP we want it to go to Santa Fe Suites. The money will go to great use but is not fair to everyone on what will come out in the RFP.

Ms. McSherry clarified that what might be confusion was that Santa Fe

Suites will benefit but will not use the funds or receive the funds. The award will be to an applicant to accomplish the work at that private property under the exception that it is for care of the indigent. It will go through the procurement process. The benefit at Santa Fe Suites is not the procurement issue. That is more of an anti-donation concern which has been solved. There are two different levels – one is the procurement of the services, which will go through the procurement process. The other is the benefit to Santa Fe Suites.

Director Ladd added that we got the funds which are generally not used this way. That was why we had to figure out how to dedicate the funds for this project but also follow all procurement process. That project was what was lobbied for an appropriated by the State Legislature. The procurement is for construction services there.

Councilor Garcia said Mr. Chapman said Santa Fe Suites would apply for the funds. But now he understood differently.

Director Ladd explained that the City generally uses the appropriated funds for a public facility the City owns, and this project came out of the nonprofit sector. The funds were shared with that kind of lobbying process. We were focused on this decision which is whether the City will use the funds from the State for this purpose.

Director Wheeler added that it is not unheard of for capital outlay funds to be routed this way. She gave an example with Christus who are exempt from procurement for such services. We will use proper procurement for the construction services in this funding. Certain types of organizations that give services to certain populations are exempt from the process.

Ms. McSherry clarified it is an exemption from the anti-donation clause. It is the exemption to the anti-donation clause, that allows for the appropriation.

Councilor Garcia said he just wanted to make sure we were in alignment with our procurement process. The appropriation did not identify a recipient. The disclosure tonight makes it clearer.

Councilor Vigil Coppler pointed out that the language does say to plan, design, construct, and renovate a facility. Maybe Director Ladd could clarify if the project is adding on to Santa Fe Suites.

Director Ladd clarified that the language of the appropriation was kept broad because we did not have control yet. The intent of current owners of Santa Fe Suite is that the configuration needs to be changed. There is a breakfast room and a need to configure for case management and classroom. There is also deferred maintenance with certain systems to be upgraded.

Councilor Vigil Coppler asked if there was any other organization able to be considered.

Director Ladd said they have no other supporting housing coming online. There are some that will be coming on later.

Councilor Vigil Coppler asked why Pete's Place and Interfaith could not qualify.

Director Ladd explained that Interfaith does not offer a permanent place to live. It is an emergency shelter.

Councilor Vigil Coppler did not see that language.

Mr. Chapman pointed out the language says, “long-term residency and that precludes Pete's Place. He thought that might require a legal opinion.

Mayor Webber clarified that Interfaith is not a supportive housing facility

and there are no below-market renters using that facility. He was present when the allocation was worked through at the Legislature. There was very much a program in mind to help with this specific facility. Interfaith provides an important service but it is not this service.

Councilor Vigil Coppler said this paragraph seems to quote the legislation and she didn't see what Mayor Webber said. She was led to believe this is the language from the appropriation. She was not trying to raise random issues here but wanted to make sure those who have an opportunity here in Santa Fe free of preselection of any kind.

Director Wheeler said the language in the caption is on page 1 of 14 in the agreement with DFA. She reiterated that it is not uncommon for nonprofits who are exempt from anti-donation to achieve appropriations.

Councilor Vigil Coppler knew it was important to follow the requirements of the legislation. Anyone who qualifies for this won't be rejected because their name is not Santa Fe Suites.

Councilor Abeyta said it sounds like there will not be an application process. What is being put out is the actual renovation.

Mayor Webber said the RFP is about the work, not about the location..

Director Wheeler agreed that was correct.

Ms. McSherry pointed out that it may or may not be an RFP. It could be another procurement method that is valid under our procurement code.

And the City does have some reversionary ownership in this specific property. So it is like a city building and we would decide which one to use. It is the only qualifying entity.

Councilor Romero-Wirth observed the legislative language on page 4 of 23 and 1 of 14 in the agreement with DFA. They use that language because they don't want us to have to come back. They use the "whole enchilada" as any possible work to do to that building. They cannot identify Santa Fe Suites but use every restriction that makes Santa Fe Suites the only qualifying facility.

Councilor Garcia asked Director Ladd if she said no other organization in Santa Fe would qualify.

Director Ladd replied that it is not about an organization but a facility.

Councilor Garcia asked if Casa Milagro would qualify for homeless and those in transition. There are other facilities that would qualify for the criteria. He wanted to make sure we are not predetermining an outcome. The Legislature can identify the specific facility but did not here. He wanted to make sure this was compliant.

Director Ladd urged the Governing Body to keep focusing on the facility and not the entity. It is not that these are not good questions. But tonight's action is to accept the funds and put them in the budget. We have more work to do and don't even know the scope of work but will work with the Council as we move to the next step.

Director Wheeler added that once we accept the funds, we will work with the Legislature to understand the appropriation. She thought about the fact that Santa Fe Suites was not an established entity at the time but now it is. We have come so far on this issue. She had received texts from people first housed at Midtown who now reside at Santa Fe Suites. It is very important that it be designed for success there - to support a good, safe operation and the scope of work is not well defined yet. We will continue to work closely with Legislative Services to make sure we are delivering what the Legislature intended and meet all of their requirements.

Councilor Garcia understood this is to accept the resources, but asked how we will be involved in the process in the future.

Director Wheeler said that because of our levels for acceptance and approval, it will be approved here because of its level.

Councilor Abeyta asked for clarity. From his time at Santa Fe County, the facility had to be given to the County and if the County didn't own the facility, the appropriation could not otherwise be done. And the City does have an interest in this property.

Councilor Vigil Coppler understood that the ownership of Santa Fe Suites reverts after ten years. So the City won't own it later on.

Ms. McSherry said it doesn't revert after ten years. The City does have

some interest, although not full interest, in this property.

Director Ladd clarified the City does not have an ownership stake but can claw back funds if they are not performing to our standards. And there is a a restriction on the deed that this property must be used for homeless or poverty people after ten years.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

b. Request for the Approval of Amendment # 13 to Service Contract 18 0552 Increasing Compensation for the Upcoming Fiscal Year by $1,570,498.68 to a New Total of $4,460,466.74 Including NMGRT for Security Services throughout City Facilities; Universal Protection Services, LP dba Allied Universal Security. (Sam Burnett, Public Works Property Maintenance Manager, jsburnett@santafenm.gov, 505-795 2491)

Committee Review:

Public Works Committee: 06/7/2021

Governing Body: 06/9/2021

Ms. Bustos-Mihelcic read the caption for this item. Sam Burnett was available.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Lindell, to approve the amendment to the Allied Universal Security contract as presented.

Discussion on the Motion:

Mr. Burnett gave an overview of the contract. He gave background. It is a result of the RFB originally issued earlier. The scope has been expanded and changed over time. Each site provides support and management of specific security. They are all included in the one contract. They could be considered separate contracts. This amendment only adds compensation for the upcoming FY. They include Genoveva Chavez Community Center at $65,000, La Farge Library at $65,000. Main library at $67,000 among others.

Some of the amendments reflect our constant desire to change per changing needs. Amendment 12 was to allow greater flexibility at any particular site and the flexibility to move officers around the City. After the Plaza event we changed it to 24/7 and later broke it into three blocks and added other locations. There is a separate parks security contract with Chavez Security and if more need arises, he would be happy to work on it to process such an amended increase.

To wrap up, another step we are taking to improve efficiency is to transfer management from Public Works to the Community Health and Safety Department that meshes more closely with the service.

Councilor Vigil Coppler wanted to work with Mr. Burnett on the parks amendment and would have done so on Monday night, but Mr. Burnett said he needed to proceed with something. At the Public Works Committee meeting, we agreed to move forward with this but if there is an avenue for more funding for parks, it is greatly needed. The amount for Chavez Security is only $90,000 and that is not enough. In District 4, she and Councilor Cassutt get many constituent concerns about things that happen in the parks. There is a great need there. It is summertime and no pool is open. So kids need something to do. People do things in the parks that are not appropriate that usually happens at night and she gets calls from parents the next morning on the condition of the parks. She was surprised there was not more money for security in the parks. Some people feel the police should do it all but when more serious events happen elsewhere, the people in the parks just hide out until the police go to those other events. She wanted to work with Mr. Burnett on it.

Mr. Burnett said he would send an email to Councilor Vigil Coppler on how to help and navigate the process.

Mayor Webber observed a lot of the discussion was about a larger assessment of where the City is after COVID. Part of that is on security and maintenance and management of the parks after a year and a half of

s deprivation. The economic recovery is amazing. And we will have greater demands on use of the parks. That is particularly important on the southside for enjoyment of the parks. Santa Fe got $1 million from the legislature for our parks and the budget puts another million into parks. The City will have money to add to the $90,000 parks security contract.

We also have a bigger responsibility and Councilor Abeyta can speak to what young people do that could need better choices. We can sit down with them and Youthworks, faith leaders and Boys & Girls Club to help them get a GED or a diploma. We will work to keep them safe and add more facilities. He believed we would see a strong commitment to more funds and activities. We will do things this summer.

Councilor Cassutt asked Mr. Burnett to confirm what was not on the list.

Mr. Burnett said currently, we are covering Pete's Place with one 8-hour block directly around Pete's Place and the surrounding vicinity.

Councilor Cassutt asked if he had a list of the City parks covered under the Chavez contract.

Mr. Burnett did not have it and referred Councilor Cassutt to Melissa McDonald.

Councilor Cassutt said Mr. Burnett mentioned an iterative contract that could expand and contract when things come up. She asked him how he decides on the intensity of security at each location and whether the Governing Body has the correct plan.

Mr. Burnett clarified that he has become de facto manager for the security

contract and when there is a major event or a series of events, he gets contacted and asked for Allied's response and he works as a liaison with the City. He processes an amendment for it and connects Allied with a representative at that site. The City needs a more knowledgeable person to provide better guidance.

Councilor Cassutt thought it sounded like an ad hoc process. She thanked Mr. Burnett for doing a wonderful job on it. She also asked if the City measures how successful the security is.

Mr. Burnett said they do collect data with Helios on their cell phones to fill the database. That is one metric used to track Allied' activities. That data lets the City determine what is happening at each location.

At Midtown, he worked with Allied to clean it up and get a plan in process for security there.

Councilor Cassutt was glad to hear that and was hoping we are taking on a more universal scope for being strategic about it. That was another benefit for moving the oversight to Community Health and Safety. A lot of

issues we see are from homelessness and addictions. That needs to be addressed to help mitigate those issues. We also need to be looking at prevention and funding in the short term. She would look forward to more opportunity to consider the data in strategies for prevention.

Councilor Lindell thanked Mr. Burnett. It makes sense to approve this contract. The money comes from various sources and if we need more, there is no reason we shouldn't look at it and do it with a plan in mind for assessing our needs. We also need to approve what we have now. There is not one item or location that doesn't need the security they have now. Security is needed at all of them. After approving the contract, we need to where else it is needed. She was willing to work on that. One very good thing the Governing Body did was to have one person managing it. It is more efficient with personnel and resources.

Councilor Garcia volunteered to be on that list of helpers. This brings to our attention why we are making the police work on it. He asked if the City could consider providing Safety Aides instead of a contract to cover the security needs. It provides a better pipeline for growing and nurturing the aides into police officers. That is a topic for another day but we need to consider it.

Councilor Vigil Coppler asked Mr. Burnett about the chart he attached. She wanted to understand about Pete's Place which is linked with the Municipal Court.

Mr. Burnett said they actually hold hearings at Pete's Place and the contract covers the judge and clerk to Pete's Place for safety in their move and avoiding overtime. In addition to that, he dedicated one 8-hour block to Pete's Place and pointed out the contract allows borrowing from a particular place to another to address the needs.

Councilor Vigil Coppler pointed out the chart is not up to date.

Mr. Burnett agreed there were a couple of things to update.

Councilor Vigil Coppler knew a lot happens around Pete's Place at night and understood the location times could be moved around.

Mr. Burnett agreed. He added a $60,000 contingency line to the contract

for emergency responses and also added the flexibility to move the officers around.

Mr. Burnett agreed to email to Councilor Vigil Coppler, Councilor Garcia

and Councilor Lindell on how to make a plan for security.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Mayor Webber notified the public waiting that the Governing Body still has a long agenda before the evening session.

Request for Approval of Service Agreement in the Total Amount of $334,873 for Roof, HVAC and Employee Parking Security Measures; Pluma, LLC. (Caryn Grosse, Facilities Project Administrator, clgrosse@santafenm.gov, 955-5938) Committee Review: Public Works and Utilities Committee: 05/24/2021 Governing Body: 06/9/2021

Ms. Bustos-Mihelcic read the caption.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Lindell, to approve the service agreement with Pluma as presented.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Request for Approval of Amendment #5 to Alpha Southwest for Emergency Repairs for the WWMD and Water Division Source of Supply in the Amount of $211,015.63 for FY 2022 and Extending the Term through 6/30/22. (Jonathan Montoya, Source of Supply Operations Manager, immontoya@santafenm.gov.955-4373and Efran Morales, WWMD III, emmorales@santafenm.gov, 955-4618 Committee Review: Works and Utilities Committee: 05/24/2021 Governing Body: 06/09/2021

Ms. Bustos-Mihelcic read the caption for this item.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Lindell, to approve Amendment #5 as presented.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Request for Approval of Amendment #2 to Professional Services Agreement 19-0235 with Hazen to Provide On Call Engineering Services for Capital Improvement and Priority Projects in the Amount of $500,000 Exclusive of NMGRT. (William Schneider, Water Resources Manager, whschneider@santafenm.gov, 955-4203)

1) Request for Approval of a Budget Adjustment Resolution (BAR). Committee Review: Public Works and Utilities Committee: 05/24/2021 Governing Body: 06/09/2021

Ms. Bustos-Mihelcic read the caption for this item. William Schneider was present. She noted the BAR also.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Vigil Coppler, to approve the PSA amendment with Hazen and the BAR as presented.

Discussion on the Motion:

Councilor Villarreal asked how the contract with Hazen was related to the Environment MOA. She was trying to understand the relationship of Hazed with the environment grant.

Manager Schneider explained the contract is to do engineering for the Water Resources Program. This contract was separate from the MOA which is associated with a grant from the Bureau of Reclamation to develop an analytical model to evaluate water resources under climate change and drought conditions.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Request for Approval of Memorandum of Agreement (MOA) with the City of Santa Fe and the United States Bureau of Reclamation (USBR) to Support the Ongoing Water Supply Planning Efforts Specified in City Resolution 2019-56. (William Schneider, Water Resources Manager, whschneider@santafenm.gov, 955-4203) Committee Review: Public Works and Utilities Committee: 05/24/2021 Governing Body: 06/09/2021

Ms. Bustos-Mihelcic read the caption for his item.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Vigil Coppler, to approve the MOA with the Bureau of Reclamation as presented.

Discussion on the Motion:

Manager Schneider explained that the City received a grant memorialized in the MOA which allows resources to come to bear on the basin under WaterSmart with a 50/50 cost sharing with the US Bureau of Reclamation for the services in the MOA. The City brings a like amount to support the effort. The scope under item h incorporates this decision model to update the 40-year water plan.

Councilor Villarreal asked if Hazen was hired to do the modeling for the City.

Manager Schneider agreed and said it was a package deal.

Councilor Villarreal asked if we are unveiling the model as reclamation strategies to address water shortages in the future, water rights, water availability, restrictions, etc. She understood Marco Martinez will be involved every step of the way.

Manager Schneider agreed. The Bureau's portion is $267,000 and increases slightly above that to $291,000 because we modeled it into Santa Fe 2100 to reengage every step which needed added support.

Councilor Villarreal asked if the remainder comes from the City.

Manager Schneider agreed.

VOTE:

The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Request for Approval of Amendment #3 to a Professional Services Agreement with Aecom Technical Services Inc. to provide On-Call Engineering Services for Capital Improvements Program (CIP) Projects in the Amount of 542,188. (Robert Jorgensen, Engineer, rnjorgensen@santafenm.gov, 955-4265)

1) Request for Approval of Budget Amendment Resolution Committee Review: Public Works and Utilities Committee: 05/24/2021 Governing Body: 06/09/2021

Ms. Bustos-Mihelcic read the caption for this item. Robert Jorgensen was present.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Lindell, to approve the Aecom PSA amendment 3 and the BAR as presented.

VOTE:

For: The motion was approved on the following Roll Call vote: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

h. Request for Approval of a Professional Services Contract with Hazen Engineering for Technical Services to Support the 2100 Water Planning through June 20, 2024 in the Amount of $298,448 Inclusive of NMGRT. (William Schneider, Water Resources Manager, whschneider@santafenm.gov, 955-4203)

1) Request for Approval of a Budget Adjustment Resolution (BAR) to Fund the Hazen Engineering Contract. Committee Review: Public Works and Utilities Committee: 05/24/2021 Governing Body: 06/09/2021

Ms. Bustos-Mihelcic read the caption for this item.

Councilor Romero-Wirth to approve it with BAR/ Councilor Lindell.

MOTION:

Councilor Romero-Wirth moved, seconded by Councilor Lindell, to approve the Hazen Contract for the 2100 Water Planning and the BAR as presented.

Discussion on the Motion:

Councilor Cassutt asked about the list of what it would not simulate. These are things the Governing Body might be interested in and asked why they were not included at this time.

Manager Schneider said he worked on the scope and felt, at this stage, it was not necessary to meet the full intent of the project base on inclusion in the MOA based on our professional expertise.

Councilor Cassutt suggested perhaps getting an additional grant later.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Request for Approval of Award and Acceptance of Recurring Federal Planning Funding Section 112 (FHWA) and Section 5303 (FTA) Funds for: Santa Fe MPO Section 112 MOA between the NMDOT and the SFMPO Contract #3202718; Section 5303 Cooperative Agreement Between the NMDOT and the SFMPO Contract #3202718; Summary: Acceptance of Reoccurring Grant Awards to Support SEMPO Management. (Erick Aune, MPO Officer, ejaune@santafenm.gov 505 330-8483)

1) Request for Approval of Budget Amendment Resolution (BAR). Committee Review: Public Works Committee: 06/07/21 Governing Body: 06/09/21

Ms. Bustos-Mihelcic read the caption for this item. Erick Aune was present.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Villarreal, to approve the federal grant funding and the BAR as presented.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

After the vote, Councilor Lindell was excused for extenuating circumstances and said she would rejoin the meeting on Zoom later.

Request for Approval of the 2020 State Homeland Security Grant Program Subgrant Agreement EMW-2020-SS-0127-S01 in the Total Amount of $262,749.19; New Mexico Department of Homeland Security and Emergency Management. (Brian Williams, Acting Director Emergency Management and Safety: bgwilliams@santafenm.gov, 505 469-1484) Committee Review: Governing Body: 06/09/21

Ms. Bustos-Mihelcic read the caption for this item.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Cassutt, to approve the 2020 State Homeland Security grant agreement and the BAR as presented.

Discussion on the Motion:

Councilor Villarreal asked why this was not going through the committee reviews.

Director Williams said he uploaded the packet through PrimeGov to all three committees but apparently the packet didn't make it to the Finance and QOL Committees. But to get the police officer training underway, he was asked to expedite this.

Councilor Villarreal said she understood it had a request for funding for special operations but there was no detail regarding what it entailed except the K-9 training. She asked what that would cover.

Director Williams deferred to Chief Padilla.

Chief Padilla said the equipment is for Special Operations – the K-9 Team, the SWAT Team and the Crisis Negotiation Team. Deputy Chief Ben Valdez can say more.

Deputy Chief Valdez said they are building on two added K-9 units and preparing the vehicles by purchase of two new vehicles with a kennel in the back and leash and other things needed to be operational. Other equipment for purchase is protective equipment, special gas masks N-40 - Avon mask that looks more like a goggle mask and has battery operation microphone compared to N-40 nonamplified mask. The current masks need replacement filters. And the other equipment is for

lightweight rifle plates that supplements body armor. That has been purchased in the past and the current grant has expired. It is equipment they do need to be safe in operation.

Councilor Villarreal asked about the K-9 vehicle detail.

Deputy Chief Valdez explained that for K-9, they need larger vehicle. It is a Ford Expedition with V-6 engine and the only special equipment was for K-9 use. They come with a light bar, computer, and other standard equipment from the back seat forward.

Councilor Villarreal observed the Avon mask is a gas mask and asked under what circumstance it would be used.

Deputy Chief Valdez said it is used when chemical irritant is in the air or when bear spray is used to dislodge someone instead of physical force.

Councilor Villarreal said those details were not in the packet materials and she appreciated his descriptions.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Councilor Lindell was not present for the vote.

MIDTOWN OVERVIEW

a. Midtown Planning & Development Bi-Weekly Report, by Office of Economic Development Department. (Rich Brown, Director, Community & Economic Development Department. rdbrown@santafe.gov )

INFORMATION ONLY

Presentation Topic: Furniture, Fixtures, & Equipment + Arts Assets

Presenters:

Robert Lambert, Office of Arts & Culture

Sam Burnett, Public Works Department

Ms. Bustos-Mihelcic read the caption for this overview on Repairs and Equipment at Midtown.

Director Brown said Ms. Pauline Kamiyama, Mr. Burnett and Mr. Lambert would share in the presentation.

Mr. Burnett explained in the current planning for disposition of furniture, fixtures, and equipment, he developed a four-stage process for disposal of assets and all were variations on a theme.

First step: assess and identify those that should be retained by the City. Those that have economic, cultural, or artistic value. In this step, we go through the campus and present recs to the Committee and establish a secure area for keeping them safe.

Second step: preserve buildings on the site that should be kept. We would identify those assets and present to the Steering Committee and mark them with colored tape to identify their location.

Third step: create an inventory of those with value for the Steering Committee to hold a series of auctions on site or online to dispose of them.

Fourth step: dispose of those with little or no value. Try to salvage any metal or material of value and then the remaining would be discarded.

Mr. Lambert described the duties for culture Connect – Ars and Culture items belong to everyone so in 2010 when we became resp (arts Commission) was tasked with resp for upkeep maintenance and securing to those assets and provide means to make them accessible to the public. In 2018 they completed a comprehensive inventory and checked in every couple of years to make them more secure. Many can be used for educational purposes. He described some art assets and equipment that have bene placed at various other locations.

He recommended that the remaining assets be kept and used per mission statements.

For equipment to be used in that building, they recommended those be retained in the building an if not, to distribute them to entities that can use them. Art assets were to be used by museums or stored and maintained, Troje should be utilized as public art. Ceramics, photography, panting/drawing, etc. would be for placement in an identified local museum.

The budget request was $100,000 for assessment of the Collection Plan to use a cultural asset manager, a team of conservators and paid interns for a hands-on training program.

The Phase Two budget request for $250,000 was for continued use of the cultural asset manager, packing and shipping to cultural institutions, etc.

Consolidation Plan First Steps was to make sure everything was secured and insured. They are from New Mexico and from Santa Fe. Once the items were assembled was where the real value came.

Councilor Vigil Coppler commended the Staff who put this report together. It was shared earlier today at EDAC and was a great presentation and the Committee had a lively discussion. The committee members were excited about it. She briefly related how the discussion went there. The report was very interesting. There are lots of opportunities out there.

Councilor Romero-Wirth noted several slides had a particular budget request. She asked when those requests would be made.

Mr. Burnett said the current plan was tentative and they were working in the midterm budget to allow more time on the ground and time to plan and see how financial recovery goes. If needed, it would be pushed off to the next budget cycle.

Mayor Webber commented there was a remarkable universe of assets on the campus and an insatiable appetite in the community. He asked what a reasonable and fair process would be for people/organizations, so it doesn't sit there dormant for a long time nor get sold.

Mr. Burnett explained that for government or educational entities, the City could donate assets directly. He didn't know about nonprofit agencies. Otherwise, the law requires getting fair market value.

Ms. McSherry agreed and added that the City could use a competitive method for it.

Mayor Webber asked if they could simply do first come, first served, or another way. We have many people ready to make good use of City of some of it. He thought getting it out of mothballs and into service was a positive outcome.

Mr. Burnett deferred to Mr. Lambert and Pauline Kamiyama but pointed out that first come/first served is not an equitable process and he would look at proposals on how it would be used and have a panel decide.

Mr. Lambert added that museums have climate controls that Midtown doesn't have for maintaining art assets. Those criteria would have to be among the most basic to consider either through donation or long term loans. It is different for equipment.

MATTERS FROM THE CITY MANAGER

Manager LaPan Hill noted she sent an email on affordable housing last night. At the approval on April 28, specific items for committee review and participation and the email on discussion would be at the June 30 meeting.

Regarding reentry, the focus is on a phased reentry plan. For employees not yet in their offices she was focusing on how to bring them all back safely. Each department is doing an IT audit and a building audit. Department Directors were setting dates for returns and working to make sure all environments were clean and safe. The City Libraries are open and current hours will remain the same for now. We are not in a place to extend the hours yet.

We are working to open City Hall to the public toward the end of June. There are lots of moving pieces and she was proud of the accomplishments. She wanted to meet the employees where they are and was grateful for their patience.

MATTERS FROM THE CITY ATTORNEY

EXECUTIVE SESSION In Accordance with the New Mexico Open Meetings Act, Specifically NMSA 1978, Section 10-15-1, Parts (H)(7), and (H)(8), Attorney-Client Privileged Discussion Regarding Threatened and Pending Litigation in which the City of Santa Fe Is or May Become a Party, Including, But Not Limited to, , D-101-CV 2020-02681, and (N.D. III.). (Erin K. McSherry, City Attorney, ekmcsherry@santafenm.gov, 955-6512,)

15. EXECUTIVE SESSION ACTION ITEMS

a. Approval to Join Los Angeles County and the City of Chicago and Other Cities and Counties in an Amicus Brief in Support of the Federal Government in (N.D. III.), and Any Subsequent Appeals of the Case, Defending the Federal Government's Abandonment of the Public Charge Rule, Supporting its Opposition to Intervention by a Coalition of States Seeking to Defend the Public Charge Rule, and Outlining the Harms that the Public Charge Rule Inflicts Upon Local Communities. (Erin K. McSherry, City Attorney, ekmcsherry@santafenm.gov, 955-6512)

These items were moved to the end of the evening agenda.

16. MATTERS FROM THE CITY CLERK

Ms. Bustos-Mihelcic thanked Joe Abeyta for making the move of Governing Body into chambers seamlessly. She acknowledged his work for test models for plexiglass and using disinfectants after end of meeting. it has been exciting and looks forward to more feedback. Thanks for making it happen.

Council Lindell rejoined the meeting virtually during the City Clerk report.

COMMUNICATIONS FROM THE GOVERNING BODY

a. Introduction of Legislation A copy of the introduction of Bills and Resolutions is incorporated herewith to these minutes as Exhibit 1.

Councilor Cassutt was excited to be back in Council Chambers. She recalled how many Governing Body meetings she had attended in person and thought this was number 5. She recognized the library and Read to Report Program they had this weekend with a meeting of horses and kids were so excited to pet the horses and start doing things again. Thanks to the Library Staff and their work during the pandemic.

Councilor Garcia announced an organization recruiting members with a deadline tomorrow. They have vacancies in District 3 and 4. He gave a shout out to Traffic Operations Manager, José Yerma for reaching out with excellent customer service (reading feedback from a constituent) to understand what the timeline for the State had to be.

Councilor Garcia said he was wearing a mask for his soon to be born little son. His daughter would scold if she caught him without a mask on

Councilor Romero-Wirth said it was good to be back and thanked everyone who made it happen to transition from in person to on-screen and how it is working now.

Councilor Villarreal noted the environment was a little awkward with weird spaces for us. She was thankful for the efforts put into making it safe. She also congratulated her colleague Councilor Garcia for sharing the addition to his family.

She pointed out the next Governing Body meeting is at the end of June and we haven't celebrated Juneteenth in a big way in Santa Fe, a holiday celebrating the end of slavery in the US. It also reflects on past suffering or traumatic experiences of Black people. Our community will be able to celebrate it for the first time on the Plaza, put on by Amp Concerts and she thanked those who were responsible for the event to honor the African-Americans and Blacks who have made contributions to our country. She encouraged her colleagues to attend this, the first of the concert series on the Plaza.

Councilor Abeyta commented to City Manager LaPan Hill, as she transitions employees back to City Hall, to remember how difficult it will be for some of them to find childcare for only the month of July until school starts at the first of August. He felt it would be less disruptive not to come back until first week of August.

Councilor Vigil Coppler noted a nice event by Mayor Webber and Councilor Cassutt for the soccer community and their sponsors. The NM United Soccer Team put on a nice show and had lots of youth there. They constructed a soccer field, not full sized, behind Shellabarger Tennis Center. She thanked the Fire Chief and Station 7 for the hook and ladder truck with the giant flag. Thanks for the renaming ceremony and dedication of the Ron Shirley Memorial Park. Many former employees were present, including the first and only female Police Chief who drove from Arizona to attend it.

She introduced a Resolution supporting the tenth annual Neighbor-to-neighbor Fund Drive.

Mayor Webber agreed the soccer celebration was great event. He and

Councilor Vigil Coppler got to throw out first pitches of soccer balls. He also mentioned throwing out the first pitch for the Fuegos baseball game. The spirit is high and positive and thanked everyone who made these events happen.

He introduced a resolution relating to income disparity and inequity, authorizing the execution of a memorandum of understanding with Mayors for a guaranteed income and the Santa Fe Community College to assist with launching a pilot project to support young families with children studying at SFCC on a secured basis. It is a significant undertaking.

He also introduced a Resolution donating property identified as 635 Alto Street and resources to a developer certified as "qualifying Grantee" under the New Mexico Affordable Housing Act for development of at least five low-priced dwelling units as we use our land for infill housing that is affordable to drive down the cost of development. Councilor Vigil Coppler and Councilor Romero-Wirth are cosponsors.

Councilor Lindell announced June is Pride Month and she hoped everyone will participate in the Pride Parade on June 26 and personally thanked Kevin Bowen for all he has done in taking over as President of the Human Rights Alliance. The Flag ceremony, at one time in her lifetime, what is now a joyous festive event, was at one time a pretty scary one. When you participate in any Pride event, take time to realize how far we have come and yet still have a long way to go. "I hope you will stand with me in making your voice heard."

Recess

Mayor Webber, at 7:38 pm, declared a brief recess and then resume in chambers for the Evening Session.

EVENING SESSION – 7:54 P.M.

The Governing Body reconvened for the evening session at 7:54 p.m.

18. ROLL CALL

Members Present Remotely Mayor Alan Webber Councilor Roman "Tiger" Abeyta Councilor Jamie Cassutt Councilor Michael J. Garcia Councilor Signe Lindell Councilor Carol Romero-Wirth Councilor JoAnne Vigil Coppler Councilor Renee D. Villarreal

Members Excused Christopher M. Rivera

19. PETITIONS FROM THE FLOOR

Stefanie Beninato said there is a pretty large pool at Genoveva Chavez and with full staffing, it could be used this summer for families. The Therapy Pool is not the Kiddy Pool and there are only four lanes.

She invited the Commissioners to come to the Plaza or over near City Hall to hear what it is like at the Plaza with all the very loud motorcycles driving around.

There were no other petitions from the floor.

20. APPOINTMENTS

a. Mayor's Youth Advisory Board

Councilor Cassutt apologized for the late report. There were seven applicants, and she announced the people who were interested: Jada Gallegos, Jason Bowen, Jose Esquivel, Lilah Chang, Theo Kutsko, Thomas Heikkero, and Ziara Esquivel, whose terms and backgrounds were included in the packet. She was very impressed with their maturity, their passion, and their abilities. The two new members would be José Esquivel and Lilah Chang. The alternates are Jason Bowen, Thomas Heikkero, and Ziara Esquivel.

Some were as young as 12 so we will have the opportunity to watch them grow. They will be working at Midtown and at the Teen Center and seeing some of the larger issues in the City such as substance abuse and mental health, violence among youth. She invited people to be guests at their meetings. "These are amazing individuals."

MOTION:

Councilor Cassutt moved, seconded by Councilor Romero Wirth, to approve the proposed appointees to the Mayor's Youth Advisory Board as presented.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

21. PUBLIC HEARINGS

a. CONSIDERATION OF BILL NO. 2021-11. ADOPTION OF ORDINANCE 2021-12. (Councilor Garcia and Councilor Lindell) An Ordinance Regarding the Independent Salary Commission: Amending Section 6-19.3 SFCC 1987 To Reassign the Authority to Appoint the Members of the Commission to the Ethics and Campaign Review Board and to Reassign the Authority to Appoint the Commission's Chairperson to the Commission's Members; and Amending Section 6-16.2 SFCC to Add the Duty of Appointing the Independent Salary Commission Members to the Ethics And Campaign Review Board's Powers and Duties. (Jesse Guillen, Legislative Liaison: jbguillen@santafenm.gov, 955-6518) Committee Review: Introduced: 04/14/21 Quality of Life Committee: 04/21/21 Public Works and Utilities Committee: 04/26/21 Finance Committee: 05/3/21 Governing Body (Request to Publish): 05/12/21 Governing Body (Public Hearing): 06/09/21

Ms. Bustos-Mihelcic read the caption for this hearing. Jessie Guillen was present.

Disclosures

Councilor Vigil Coppler said she recused herself when this was considered before.

Mayor Webber said he did also. He asked Ms. McSherry if they should step aside.

Ms. McSherry clarified, with the new schedule, neither of them needed to recuse themselves from this item.

Mayor Webber and Councilor Vigil Coppler did not recuse themselves.

Staff Presentation

Mr. Guillen presented this matter to the Governing Body. He said it is straightforward and the changes where it was located to be under the Ethics and Campaign Review Board.

Mayor Webber invited sponsors to speak.

Councilor Garcia had nothing much to add. The ECRB would appoint the members of the Independent Salary Committee.

Councilor Lindell thanked Councilor Garcia for raising issues. We ended up with a better product than when we started. This is a fairer process and the we just did the work needed to get here. She thanked Councilor Garcia for working with her on this and hoped we can get it passed.

Public Comment

Stefanie Beninato, PO Box 1601, Santa Fe, commented that this is a good idea to remove the appointment from the Mayor's appointments but wondered how the ECRB members were appointed. You cannot remove political influence from the Board, and she wondered how they would do the appointments for the Independent Salary Committee.

There were no others comments from the public and that portion of the hearing was closed.

Action of the Governing Body: MOTION: Councilor Villarreal moved, seconded by Councilor Cassutt, to approve the ordinance amendment for the Independent Salary Commission as presented.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Councilor Villarreal asked to be listed as a cosponsor.

CONSIDERATION OF BILL NO. 2021-13. ADOPTION OF ORDINANCE 2021-13. (Councilor Abeyta, Councilor Lindell, and Councilor Rivera) An Ordinance Amending Subsection 14-3.7(F), Notes 15 and 16 of Table

14-7.2-1, and Subsection 14-9.6(B) to Allow the Minimum Lot Size to be 1.25 Acres for a Lot Created Through an Inheritance or Family Transfer Subdivision and that Results in Only One Additional Lot; Amending Subsection 14-7.2(B) to Require Rounding Down of the Calculation of Maximum Number of Dwelling Units for a Family Transfer Subdivision Where Neither Public Sewer nor Public Water are Available; and Amending Subsection 14-9.6(A) to Require Proof of Adequate Septic and Well Assurances Prior to the Approval of an Inheritance or Family Transfer Subdivision that Lacks Public Sewer and Water. (Eli Isaacson, Planning and Land Use Director: esisaacson@santafenm.gov, 955-6830) Committee Review: Introduced: 03/31/21

Planning Commission: 05/6/21 Public Works and Utilities Committee: 05/11/21 Governing Body (Request to Publish): 05/12/21 Governing Body (Public Hearing): 06/9/21

Ms. Bustos-Mihelcic read the caption for this hearing.

Disclosures:

There were no disclosures.

Staff Report

Mr. Noah Berke provided the Staff Report to the Commission.

Mr. Berke said the proposal would amend the Land Code on Family lot splits. If there were no access to water or sewer, the minimum size would be five acres and an obstacle to many families. The change would reduce to 2.5 acres (1.25 acres each) and would be eligible only for creating two new lots for family's children or grandchildren upon filing appropriate affidavits and would be subject to all other requirements.

Mr. Berke also noted there are presently 225 lots that fit that circumstance.

Staff recommends approval as presented.

Sponsors Statements

Councilor Abeyta said many who would be subject to this ordinance were previously the County and were annexed into the City and promised that whatever the County allowed would be allowed in the City. But the City decided all such lots would be subject to Chapter 14. So many property owners got stuck and became unable to give their property to their children. So the amendment allows that to happen and hopefully, the City would provide water and sewer to them.

Councilor Lindell said Councilor Abeyta covered the matter completely. She thanked Councilor Abeyta for working with her on it. Hopefully it will pass.

Councilor Abeyta thanked the staff who really got this moving.

Public Comment

Mr. Mike Herrera, 5 Paseo de la Reina, thanked Staff and Councilors for their work. He has been living through this for some time. He recommended we create a means to track these 275 lots for how many actually wanted to split their lots as a family transfer. He thought it would be a lot less than that. It would allow us to determine the water and sewer issues which was why we were taken off the Master Plan for lot sizes and this would enable such plans to move forward how we want to split our properties. That one acre lot size would enable the land owner to decide how to split it instead of the Council saying how they could split a 2.5 acre property. That one acre lot size means a lot for an owner with three acres. It would mean a lot of land would not be used just to split it in half. Maybe in five years he might become asking for a lot split by selling it to a non-family member because they need that money.

The second issue was on two or more persons related by blood. Resident domestic servants are considered family. He didn't know how that got there. Only children or grandchildren means brothers and sisters are left out. His last point is under standards for inheritance was on density – that it must conform to the range in the General Plan. The General Plan was always one acre. We should split it to keep all portions at 1 acre or more.

Stefanie Beninato, PO Box 1601, was a little concerned but understood why this was happening. The database is a really good idea for water and sewer plans. But she was concerned about the new minimum of 2.5 acres and the other was about the split into 1.25 acres each. She asked if they would be allowed to have an accessory dwelling unit or not.

There were no other public comments, and that portion of the hearing was closed.

Action of the Governing Body:

Councilor Cassutt / Roman

MOTION:

Councilor Cassutt moved, seconded by Councilor Abeyta, to approve the Ordinance Amendment regarding family transfers as presented.

Discussion on the Motion:

Councilor Vigil Coppler asked what annexation we are speaking about on this. She didn't know where it was located.

Director Isaacson referred to page 17 of the packet that had a map. He pointed out the majority of locations on the map are in the areas of Phase 2 and Phase 3 of annexation near the Mutt Nelson Road area and also at Coyote Ridge in District 1. There was another area in the Foothills are of District 1 and 2 but the terrain there would not allow a lot split.

Councilor Vigil Coppler understood it was several parcels around Santa Fe. She also asked, after a family lot split happens, what holds it with that family in perpetuity.

Director Isaacson clarified it must be held by the receiving family member for three years, after which they could keep it or sell it. So there is no requirement to be kept in perpetuity.

Councilor Vigil Coppler understood that the property could be kept in the family for three years and it was only a three-year waiting period befor could be sold to anyone.

Director Isaacson agreed. And the Code does not make any change to the definition of family.

Councilor Vigil Coppler reasoned that we do a family lot split and then it follows a normal sale three years later.

Director Isaacson agreed and clarified that it could happen with any family transfer, not just annexed properties that were the subject of this evening's amendment.

Councilor Romero-Wirth understood these properties don't have city sewer or water so they are already on wells and a septic system. And if split, she asked if they would have another well and another septic system.

Director Isaacson replied that many of them could share existing wells. So not every split would result in another well. But it could result either in an added septic system or connection to City sewer lines.

Councilor Romero-Wirth recalled Director Isaacson also said how it might in the long-term result in connection to both City water and sewer.

Director Isaacson agreed. That is the goal. That was part of the understanding at the time of annexation. We would like to extend City service to all annexed residents.

Councilor Vigil Coppler pointed out that the State EID requires an inspection of each sewer system and it has to be re-permitted and the drainage into leach field approved. She had not ever heard of anyone sharing a septic system.

Councilor Villarreal asked for a response to the question by Mr. Herrera.

Mr. Berke explained the specific language which defines "family." What Mr. Herrera related to was preexisting.

Director Isaacson did not have the definition in front of him but said "domestic servant" referred to a person who was not a true family member but who lives with the family. It is a living arrangement that is not an uncommon situation.

Councilor Villarreal thought "servant" sounds very antiquated.

Director Isaacson agreed.

Councilor Villarreal asked for Staff to consider a new term and definition for that.

Director Isaacson agreed it would be done.

Councilor Villarreal recalled Mr. Herrera also asked about a method of tracking. She asked Director Isaacson how he would interpret that.

Director Isaacson understood Mr. Herrera would like the Land Use Department to keep track of all properties that would qualify to take advantage of this new family transfer provision and the location of those lots.

Councilor Villarreal considered that as valuable data to collect and track.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Councilor Villarreal asked to be listed as a cosponsor.

C. CONSIDERATION OF RESOLUTION NO. 2021-32. (Councilor Rivera, Councilor Romero-Wirth, Councilor Vigil Coppler, and Councilor Villarreal)

A Resolution Proclaiming Severe or Extreme Drought Conditions Exist in the City of Santa Fe; Imposing Fire Restrictions June 10, 2021, to July 10, 2021; Restricting the Sale or Use of Fireworks Within the City of Santa Fe and Prohibiting Other Fire Hazard Activities. (Geronimo Griego, Acting Fire Marshall: gggriego@santafenm.gov, 955-3310) Committee Review: Introduction: 05/26/21 Quality of Life Committee: 06/02/21 Governing Body: 06/09/21

Ms. Bustos-Mihelcic read the caption for this item. Marshal Griego was present.

Staff Report

Marshal Griego said this Resolution is for fireworks restrictions from June 10 to July 10 and agenda item d is for July 10 to August 10 with the exception on July 4. He stood for questions.

Public Comment

Stefanie Beninato, P.O. Box 1601, Santa Fe, said she was in support in theory but heard the Governing Body was granting an exception for July 4. Since she was hearing people setting off fireworks illegally already it would be difficult to enforce this overall.

Joe Schepps wanted to hear a response for his guests at the Inn on the Alameda. He said they have guests who complain about the noise and described East Alameda as a raceway.

Ms. Bustos-Mihelcic informed Mr. Schepps that this was not the time for public comment except on the drought conditions resolution.

Mr. Schepps said he wanted to speak later, if possible.

Action of the Governing Body:

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Vigil Coppler, to approve the Resolution in 21-c as presented.

Discussion on the Motion:

Councilor Villarreal asked Marshal Griego if the exception of July 4 was referring to the City event.

Marshal Griego said it was. It was for the City event at Santa Fe Place Mall.

Councilor Villarreal asked if he could describe what was being done for outreach for the fireworks restriction or any plan for communicating to the public.

Marshal Griego said they have discussed using school marquee signs and NMDOT travel signs. And they plan to use their social media accounts also.

Councilor Villarreal just wanted to make sure it would be in effect until August. She also asked what the public should do when illegal fireworks are purchased on pueblo or reservations. How can you communicate for that? What advice should be given?

Marshal Griego said citizens could call the emergency line and his Department would get out to the location or residents could email the Fire Marshal's Office. The Department's non-emergency phone number was 505-428-3730.

Councilor Villarreal thanked him and wished him all the luck.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

d. CONSIDERATION OF RESOLUTION NO. 2021-33. (Councilor Rivera, Councilor Romero-Wirth, Councilor Vigil Coppler, and Councilor Villarreal) A Resolution Proclaiming Severe or Extreme Drought Conditions Exist in the City of Santa Fe; Imposing Fire Restrictions July 11, 2021, to August 10, 2021; Restricting the Sale or Use of Fireworks Within the City of Santa Fe and Prohibiting Other Fire Hazard Activities. (Geronimo Griego, Acting Fire Marshall: gggriego@santafenm.gov, 955-3310) Committee Review: Introduction: 05/26/21 Quality of Life Committee: 06/02/21 Governing Body: 06/09/21

Ms. Bustos-Mihelcic read the caption for this item. Acting Fire Marshal Geronimo Griego was present.

Public Comment

There was no public comment.

MOTION: Councilor Romero-Wirth moved, seconded by Councilor Villarreal, to approve Resolution No. 2021-33, imposing fire restrictions from July 11 to August 10, 2021, as presented.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

14. MATTERS FROM THE CITY ATTORNEY

EXECUTIVE SESSION In Accordance with the New Mexico Open Meetings Act, Specifically NMSA 1978, Section 10-15-1, Parts (H)(7), and (H)(8), Attorney-Client Privileged Discussion Regarding Threatened and Pending Litigation in which the City of Santa Fe Is or May Become a Party, Including, But Not Limited to, , D-101-CV 2020-02681, and (N.D. III.). (Erin K. McSherry, City Attorney, ekmcsherry@santafenm.gov, 955-6512)

Ms. McSherry noted there is one action item after the Executive Session ends. She recommended going into executive session under provisions of NMSA 1978, Section 10-14-1, Parts (H) (7) and (H) (8) for Attorney-Client Privileged Discussion Regarding Threatened and Pending Litigation In Which the City of Santa Fe is of May Become a Party and listed the specific cases for discussion.

Renee/ Carol

MOTION: Councilor Villarreal moved, seconded by Councilor Romero Wirth, to go into executive session to discuss the matters recommended by the City Attorney.

VOTE: The motion was approved on the following Roll Call vote:

For: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Lindell, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Ms. Bustos-Mihelcic explained how Mr. Abeyta would provide the closed access for the Governing Body.

The Governing Body went into executive session at 8:56 p.m.

The Governing Body returned from executive session at 9:20 p.m.

Councilor Villarreal moved/ Councilor Romero-Wirth, to return from executive session, stating for the record that the matters discussed were limited to those listed on the agenda.

MOTION: Councilor Villarreal moved, seconded by Councilor Romero Wirth, to return from executive session, stating for the record that the matters discussed were limited to those listed on the agenda.

VOTE:

For: The motion was approved on the following Roll Call vote: Mayor Webber, Councilor Abeyta, Councilor Cassutt, Councilor Garcia, Councilor Romero-Wirth, Councilor Vigil Coppler and Councilor Villarreal.

Against: None.

Councilor Lindell was excused and not present for this vote.

15. EXECUTIVE SESSION ACTION ITEMS

a. Approval to Join Los Angeles County and the City of Chicago and Other Cities and Counties in an Amicus Brief in Support of the Federal Government in (N.D. III.), and Any Subsequent Appeals of the Case, Defending the Federal Government's Abandonment of the Public Charge Rule, Supporting its Opposition to Intervention by a Coalition of States Seeking to Defend the Public Charge Rule, and Outlining the Harms that the Public Charge Rule Inflicts Upon Local Communities. (Erin K. McSherry, City Attorney, ekmcsherry@santafenm.gov, 955-6512)

Ms. Bustos-Mihelcic read the caption for this item.

MOTION: Councilor Villarreal moved, seconded by Councilor Romero Wirth, to approve the proposed Amicus Brief as presented.

22. ADJOURN

There being no further business to discuss, the executive session adjourned at 9:19 p.m.