City of Santa Fe Governing Body met April 12

City of Santa Fe Governing Body met April 12.

Here are the minutes provided by the council:

The regular meeting of the Governing Body was called to order by Mayor Webber at 5:03 pm, on Wednesday, April 12, 2023, in the Council Chambers, City Hall, 200 Lincoln Avenue, Santa Fe, New Mexico.

2. PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Councilor Lindell.

3. SALUTE TO THE NEW MEXICO FLAG

The salute to the New Mexico Flag was led by Councilor Romero-Wirth.

4. INVOCATION AND REMEMBRANCES

The invocation was given by Councilor Lindell.

A moment of silence was given.

5. ROLL CALL

MEMBERS PRESENT

Mayor Alan Webber

Councilor Signe Lindell

Councilor Jamie Cassutt

Councilor Amanda Chavez

Councilor Lee Garcia

Councilor Michael Garcia

Councilor Christopher Rivera

Councilor Carol Romero-Wirth

Councilor Renee Villarreal

MEMBERS EXCUSED

OTHER PARTICIPANTS ATTENDING Erin McSherry, City Attorney

Kristine Bustos-Mihelcic, City Clerk

John Blair, County Manager

Emily Oster, Finance Director

J. D. Bullington, City Lobbyist

Elizabeth Martin, Stenographer

6. APPROVAL OF AGENDA

Ms. McSherry stated that items 10 A and B have been withdrawn from the agenda.

Ms. Bustos-Mihelcic stated that item 19 A has been withdrawn from the agenda.

MOTION A motion was made by Councilor Lindell, seconded by Councilor Romero Wirth, to approve the agenda as amended.

VOTE The motion passed on a voice vote.

7. APPROVAL OF CONSENT AGENDA

MOTION A motion was made by Councilor Cassutt, seconded by Councilor Romero-Wirth, to approve the Consent Agenda.

VOTE The motion passed on a roll call vote as follows:

Councilor Lindell, yes; Councilor Cassutt, yes; Councilor Chavez, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.

8. PRESENTATIONS

A. LEGISLATIVE UPDATE FROM J.D. BULLINGTON Mr. Bullington gave a legislative update.

B. AUDIT UPDATE FOR FY21

Ms. Oster gave an audit update.

9. ACTION ITEMS: CONSENT AGENDA

A. REQUEST FOR APPROVAL OF THE MARCH 8, 2023 REGULAR GOVERNING BODY MEETING MINUTES

Approved on consent.

B. REQUEST FOR APPROVAL OF THE MARCH 15, 2023 SPECIAL GOVERNING BODY MEETING MINUTES

Approved on consent.

C. REQUEST FOR APPROVAL OF THE MARCH 29, 2023 REGULAR GOVERNING BODY MEETING MINUTES

Approved on consent.

D. REQUEST FOR APPROVAL OF LIQUOR HEARING OFFICER’S RECOMMENDATION TO APPROVE THE REQUEST FROM BOSQUE BREWING CO., LLC, FOR A WINE GROWER OFF-SITE LOCATION (1ST LOCATION) LIQUOR LICENSE WITH ON-PREMISES CONSUMPTION AND PACKAGE SALES, TO BE LOCATED AT BOSQUE BREWING CO., 4980 PROMENADE BLVD., SUITE B.

Approved on consent.

E. REQUEST FOR APPROVAL OF LIQUOR HEARING OFFICER’S RECOMMENDATION TO APPROVE THE REQUEST FROM RODRIGO RODRIGUEZ, FOR A RESTAURANT A (BEER AND WINE) LIQUOR LICENSE WITH ON-PREMISES CONSUMPTION ONLY, TO BE LOCATED AT TACOS EL CHARRITO, 1711 LLANO STREET, SUITE A&B.

Approved on consent.

F. REQUEST FOR APPROVAL OF SERVICE CONTRACT WITH CAMNET, INC. FOR INSTALLATION OF CAMERAS AND BADGE ACCESS FOR SECURITY IN FIRE STATION 1,4 AND 5 IN THE TOTAL AMOUNT NOT TO EXCEED $246,813.64 THROUGH APRIL 1, 2024.

Approved on consent.

G. REQUEST FOR APPROVAL OF PURCHASE CONTRACT WITH MOTOROLA TO PURCHASE P25 FLASH PROGRAMMING FOR PUBLIC SAFETY RADIO SYSTEM TO FLASH EXISTING CITY RADIOS IN PREPARATION TO TRANSITION TO THE STATE OF NEW MEXICO TRUNKED RADIO SYSTEM IN THE AMOUNT OF $381,701.67.

Approved on consent.

H. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO ITEM #22-0348 WITH ST. ELIZABETH SHELTER TO AMEND THE SCOPE OF SERVICES FOR NAVIGATION SERVICES IN THE TOTAL AMOUNT OF $286,500.

Approved on consent.

I. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO ITEM #20-0577 WITH YOUTH SHELTERS AND FAMILY SERVICES TO CHANGE THE SCOPE OF SERVICES FOR SAFETY NET AND NAVIGATION SERVICES IN THE TOTAL AMOUNT OF $300,000.

Approved on consent.

J. REQUEST FOR APPROVAL OF FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT BETWEEN THE NORTH CENTRAL NEW MEXICO ECONOMIC DEVELOPMENT DISTRICT (NCNMEDD) AND THE CITY OF SANTA FE TO ALLOW THE NCNMEDD TO PURCHASE PROPERTY FOR THEIR OFFICE AND OPERATIONS.

Approved on consent.

K. REQUEST FOR THE APPROVAL OF AMENDMENT NO. 1 TO ITEM #22-0062 WITH MITTERA IN THE TOTAL AMOUNT OF $286,345.82 (FY23 & FY 24) FOR PRINTING OF THE OFFICIAL SANTA FE VISITORS GUIDE AND ENVELOPES.

Approved on consent.

L. REQUEST FOR APPROVAL OF AMENDMENT TO TERMINATE POWER PURCHASE AGREEMENTS BETWEEN CITY OF SANTA FE AND DISSIGNO HOLDINGS, LLC.

Approved on consent.

M. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH SAFEBUILT LLC FOR THIRD PARTY PLAN REVIEW (TPPR) SERVICES IN THE AMOUNT OF $1,200,000.

Approved on consent.

N. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO THE ASSIGNMENT AND ASSUMPTION ITEM #09-0524 WITH LUMINACE FORMERLY KNOWS AS SUN EDISON FOR A NAME CHANGE. Approved on consent.

O. REQUEST FOR APPROVAL OF GENERAL SERVICES CONTRACT WITH INSITUFORM TECHNOLOGIES, LLC TO TRENCHLESSLY REHABILITATE APPROXIMATELY 15,300 FEET OF 12", 15" AND 18" DIAMETER SEWERS IN THE TOTAL AMOUNT OF $2,853,619.48. Approved on consent.

P. REQUEST FOR APPROVAL OF CONTRACT WITH PUBLIC SERVICE COMPANY OF NEW MEXICO (PNM) FOR A 3-PHASE ELECTRIC LINE EXTENSION FROM CANYON ROAD WATER TREATMENT PLANT TO NICHOLS DAM IN THE AMOUNT OF $614,606.56.

Approved on consent.

Q. REQUEST FOR APPROVAL TO PURCHASE A 2025 INTERNATIONAL HV613 TRUCK FROM ROBERTS TRUCK CENTER IN THE AMOUNT OF $160,309.24.

Approved on consent.

R. REQUEST FOR APPROVAL OF A FOUR (4) YEAR CONTRACT WITH THATCHER CHEMICAL FOR MATERIALS FOR THE TREATMENT OF DRINKING WATER AT THE CANYON ROAD WATER TREATMENT PLANT IN THE AMOUNT OF $794,930.12.

Approved on consent.

S. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENT (PSA) WITH CAROLLO ENGINEERS, INC. TO COMPLETE THE PASEO REAL WASTEWATER RECLAMATION FACILITY MASTER PLAN THROUGH JUNE 24, 2024.

Approved on consent.

T. REQUEST FOR APPROVAL OF GENERAL SERVICES CONTRACT WITH ACCENT LANDSCAPING CONTRACTORS, INC. TO HYDROSEED THE 42.5 ACRE SLUDGE DISPOSAL FIELDS AS PART OF THE CLOSURE REQUIREMENTS OF GROUNDWATER PERMIT DP-135 FOR THE PASEO REAL WATER RECLAMATION FACILITY, IN THE AMOUNT OF $158,943.69 INCLUDING NMGRT EXPIRING JUNE 30, 2023.

Approved on consent.

U. REQUEST FOR APPROVAL OF GENERAL SERVICES CONTRACT WITH GM EMULSION LLC FOR CONCRETE AND ASPHALT ROAD REPAIRS IN THE AMOUNT OF $234,804.17.

Approved on consent.

V. REQUEST FOR THE APPROVAL OF AMENDMENT NO. 7 TO ITEM # 19-0384 FOR ADVERTISING SERVICES FOR TERM FY23 WITH VLADIMIR JONES (PRACO) IN THE TOTAL AMOUNT OF $500,000.

Approved on consent.

W. REQUEST FOR APPROVAL OF AMENDMENT NO. 3 TO ITEM # 20-0306 WITH IMMIX TECHNOLOGY, INC. TO APPROVE TRANSFER OF UKG LICENSES ORDER FORM REQUIRED TO BE SIGNED BY VENDOR.

Approved on consent.

X. REQUEST FOR APPROVAL OF A CONSTRUCTION CONTRACT IN THE TOTAL AMOUNT OF $2,162,102.71 INCLUDING NMGRT FOR THE CONSTRUCTION OF S100660 CANADA RINCON TRAIL WITH H.O. CONSTRUCTION.

Approved on consent.

Y. REQUEST FOR APPROVAL OF CONTRACT WITH EMCO OF SANTA FE , LLC FOR HAZARD MITIGATION ALONG THE ARROYO DE LOS CHAMISOS IN THE AMOUNT OF $430,978.15 INCLUDING NMGRT.

Approved on consent.

Z. CONSIDERATION OF RESOLUTION NO. 2023_______. A RESOLUTION IN SUPPORT OF GOVERNOR LUJAN GRISHAM’S CALL TO PASS GUN REFORMS, INCLUDING A BAN ON THE SALE OF ASSAULT WEAPONS.

Approved on consent.

10. ACTION ITEMS: DISCUSSION AGENDA

A. REQUEST FOR APPROVAL TO TERMINATE LEASE AGREEMENT ITEM # 09-0533 WITH SANTA FE AIR CENTER DUE TO BREACH OF CONTRACT.

Removed from the agenda.

B. REQUEST FOR APPROVAL TO TERMINATE LEASE AGREEMENT ITEM # 02-0648 WITH ZIA AVIATION, INC. DUE TO A BREACH OF CONTRACT.

Removed from the agenda.

C. REQUEST FOR APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF SANTA FE AND THE SANTA FE POLICE DEPARTMENT FOR USE OF 2.00 ACRES OF LAND AT THE SANTA FE REGIONAL AIRPORT FOR A FIREARMS TRAINING FACILITY.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Lindell, to approve the lease agreement between the City of Santa Fe and the Santa Fe Police Department for use of 2.00 acres of land for a firearms training facility.

VOTE The motion passed on a roll call vote as follows:

D. REQUEST APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF SANTA FE AND THE SANTA FE POLICE DEPARTMENT FOR USE OF 1.47 ACRES OF LAND AT THE SANTA FE REGIONAL AIRPORT TO BE USED AS A POLICE IMPOUND LOT.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor

VOTE The motion passed on a roll call vote as follows:

11. MATTERS FROM THE CITY MANAGER

12. MATTERS FROM THE CITY ATTORNEY

Lindell, to approve the lease agreement between the City of Santa Fe and the Santa Fe Police Department for the use of 1.47 acres for a Police impound lot.

EXECUTIVE SESSION

In Accordance with the New Mexico Open Meetings Act, NMSA 1978, Section 10-15-1, part (H)(7), Attorney-Client privileged discussion of pending or threatened litigation, including, but not limited to: City of Santa Fe v. Purdue Pharma, et al. And In the Matter of the Application by the City for Permit for Return Flow Credit, Hearing Number 22-042.

MOTION A motion was made by Councilor Rivera, seconded by Councilor Romero Wirth, to enter into Executive Session pursuant to the New Mexico Open Meetings Act, NMSA 1978, Section 10-15-1, part (H)(7).

VOTE The motion passed on a roll call vote as follows:

The Governing Body entered into Executive Session at 5:56 pm.

MOTION A motion was made by Councilor Rivera, seconded by Councilor Romero Wirth, to return to the regular meeting pursuant to the New Mexico Open Meetings Act, NMSA 1978, Section 10-15-1, part (H)(7).

VOTE The motion passed on a roll call vote as follows:

13. EXECUTIVE SESSION ACTION ITEMS

A. APPROVAL OF THE CITY OF SANTA FE TO “OPT IN” AS A B. APPROVAL OF THE CITY OF SANTA FE TO “OPT IN” AS A SETTLEMENT AGREEMENT WITH ALLERGEN IN CITY OF SANTA FE

The Governing Body returned to the regular meeting at 7:30 pm.

PARTICIPATING SUBDIVISION IN THE NATIONAL OPIOID SETTLEMENT AGREEMENT WITH TEVA IN CITY OF SANTA FE V. PURDUE PHARMA, ET AL.

MOTION A motion was made by Councilor Lindell, seconded by Councilor Lee Garcia, to approve the City of Santa Fe to “Opt In” as a participating subdivision in the national opioid settlement agreement with Teva.

VOTE The motion passed on a roll call vote as follows:

PARTICIPATING SUBDIVISION IN THE NATIONAL OPIOID V. PURDUE PHARMA, ET AL.

MOTION A motion was made by Councilor Lindell, seconded by Councilor Rivera, to approve the City of Santa Fe to “Opt In” as a participating subdivision in the national opioid settlement agreement with Allergen.

VOTE The motion passed on a roll call vote as follows:

C. REQUEST FOR APPROVAL OF A SETTLEMENT AGREEMENT BETWEEN THE CITY OF SANTA FE AND WILD EARTH GUARDIANS (WEG) TO RESOLVE WEG’S PROTEST OF THE CITY OF SANTA FE’S APPLICATION FOR PERMIT FOR RETURN FLOW CREDIT.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Chavez, to approve the settlement agreement between the City of Santa Fe and Wild Earth Guardians.

Councilor Lindell, yes; Councilor Cassutt, yes; Councilor Chavez, yes; Councilor

VOTE The motion passed on a roll call vote as follows:

Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.

MOTION A motion was made by Councilor Michael Garcia, seconded by Councilor Romero-Wirth, to move Petitions From The Floor to before Matters from the City Clerk on the agenda.

VOTE The motion passed on a roll call vote as follows:

14. MATTERS FROM THE CITY CLERK

Councilor Lindell, yes; Councilor Cassutt, yes; Councilor Chavez, yes; Councilor

15. COMMUNICATIONS FROM THE GOVERNING BODY

Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.

16. INTRODUCTION OF LEGISLATION

18. PETITIONS FROM THE FLOOR

Rick Martinez. Mr. Martinez spoke about his support of the Midtown proposal to not use the fee in lieu of.

Terry Brown. Ms. Brown spoke about her support of the safe outdoor spaces.

Marisol Atkins. Ms. Atkins spoke to the safe outdoor spaces.

Stephanie Beninato. Ms. Beninato spoke to the issue of quorums at the H Board and to the issue of more staff for Councilors.

Rachel Thompson. Ms. Thompson spoke to the comments made by Rick Martinez and to safe outdoor spaces.

Meghan Robert. Ms. Robert spoke to safe outdoor spaces.

A. CONSIDERATION OF A RESOLUTION 2023-_______. a RESOLUTION ADOPTING NEXT STEPS TO REVISE THE CITY OF SANTA FE’S GENERAL PLAN.

Introduced.

B. CONSIDERATION OF A RESOLUTION 2023-______. A RESOLUTION SUPPORTING THE ESTABLISHMENT OF SAFE SLEEPING SPACES AS A SHELTER OPTION FOR THOSE WHO ARE EXPERIENCING HOMELESSNESS IN SANTA FE AND FOR WHOM STANDARD SHELTER OPTIONS ARE NOT FEASIBLE; IDENTIFYING AN APPROPRIATE “BEST PRACTICES” AND DATA-DRIVEN APPROACH TO SHELTERING THIS POPULATION; AND DIRECTING THE CITY MANAGER TO ENTER INTO OR BRING TO THE GOVERNING BODY CONTRACTS FOR STRUCTURES, SITES FOR THE STRUCTURES, LANDOWNERS WILLING TO PROVIDE AN AREA FOR THE STRUCTURES, AND AN OPERATOR OR OPERATORS CAPABLE OF PROVIDING ROUND-THE-CLOCK SUPPORT SERVICES AND 27/7 SUPERVISION. .

Introduced.

C. CONSIDERATION OF A RESOLUTION 2023-______. A RESOLUTION ESTABLISHING A TWO (2) YEAR PILOT PROGRAM TO SUPPORT THE PHYSICAL AND MENTAL WELLBEING OF EMPLOYEES.

Introduced.

17. PUBLIC COMMENT ON BILLS

A. CONSIDERATION OF A BILL NO. 2023-13. A BILL RELATING TO THE CITY OF SANTA FE’S OFFICE OF ECONOMIC DEVELOPMENT PLAN ORDINANCE, SECTION 11-11-5 SFCC 1987; APPROVING AND ADOPTING A LOCAL ECONOMIC DEVELOPMENT PROJECT PARTICIPATION AGREEMENT BETWEEN THE CITY OF SANTA FE AND PARTING STONE INC., FOR DESIGN, DEVELOPMENT AND CONSTRUCTION OF TENANT IMPROVEMENTS; LEASE PAYMENTS; AND EXPANSION OF A CORPORATE HEADQUARTERS, A LOCAL ECONOMIC DEVELOPMENT PROJECT

None.

18. PETITIONS FROM THE FLOOR

This item was moved to before item 14.

19. FINAL ACTION ON LEGISLATION

A. CONSIDERATION OF A BILL 2023-12. A BILL APPROVING THE SALE OF A CITY-OWNED COMMERCIAL CONDOMINIUM AND IMPROVEMENTS LOCATED AT 500 MARKET STREET WITHIN THE CITY AND COUNTY OF SANTA FE, NEW MEXICO. TO STATE PROPERTIES OF NEW MEXICO, LLC, FOR AN AMOUNT 1.5% ABOVE THE APPRAISED VALUE.

This item was withdrawn.

None.

21. APPOINTMENTS

A. SANTA FE FILM AND DIGITAL MEDIA COUNCIL

- ELISA MONTOYA - APPOINTMENT - TERM ENDING 03/20/24

- DEZBAA’ (SHARON ANN HENDERSON) - APPOINTMENT - TERM ENDING 03/2024

- SIENA BERGT - APPOINTMENT - TERM ENDING 03/2024

- JAYDIN MARTINEZ, APPOINTMENT - TERM ENDING 03/2024

- TARA TOVAREK - APPOINTMENT - TERM ENDING 03/2024

- MARK GLASER - APPOINTMENT - TERM ENDING 03/2024

- RAASHAN AHMED - CHANGE IN POSITION TO ALTERNATE - TERM ENDING 03/2024

MOTION A motion was made by Councilor Villarreal, seconded yCouncilor Cassutt, to approve the appointments to the Santa Fe Film and Digital Media Council.

VOTE The motion passed on a roll call vote as follows:

B. NORTH CENTRAL NEW MEXICO ECONOMIC DEVELOPMENT DISTRICT

- Councilor Jamie Cassutt

MOTION A motion was made by Councilor Lindell, seconded by Councilor Romero-Wirth, to approve the appointment to the North Central New Mexico Economic Development District.

VOTE The motion passed on a roll call vote as follows:

C. SISTER CITIES COMMITTEE

- DEVENDRA NARAYAN - APPOINTMENT - TERM ENDING 03/2027

MOTION A motion was made by Councilor Rivera, seconded by Councilor, Cassutt, approve the appointment to the Sister Cities Committee.

VOTE The motion passed on a roll call vote as follows:

D. PUBLIC SAFETY COMMITTEE

- JULIE GLASSMOYER - APPOINTMENT - TERM ENDING 03/2027

MOTION A motion was made by Councilor Lindell, seconded by Councilor Cassutt, to approve the appointment to the Public Safety Committee.

VOTE The motion passed on a roll call vote as follows:

22. ADJOURN

There being no further business before the Governing Body the meeting adjourned at 8:25 pm.

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