City of Santa Fe Governing Body met Aug. 9.
Here are the minutes provided by the council:
I. CALL TO ORDER
The regular meeting of the Governing Body was called to order by Mayor Webber at 5:06 pm, on Wednesday, August 9, 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 Lee Garcia.
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, via Zoom
Councilor Christopher Rivera
Councilor Carol Romero-Wirth
Councilor Renee Villarreal
MEMBERS EXCUSED
OTHERS PARTICIPANTS ATTENDING
Erin McSherry, City Attorney
John Blair, County Manager
Kristine Bustos-Mihelcic, City Clerk
Emily Oster, Finance Director
Alexandra Ladd, Affordable Housing Director
AJ Bowers, Partner, Carr Riggs and Ingram CPAs and Advisors.
Elizabeth Martin, Stenographer
6. APPROVAL OF AGENDA
Item 9 H was removed from the Consent Agenda by Councilor Michael Garcia for discussion.
Item 9 L was removed from the Consent Agenda by staff.
Item 9 0 was removed from the Consent Agenda by Councilor Rivera for discussion.
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 roll call vote as follows:
Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
7. APPROVAL OF CONSENT AGENDA
MOTION A motion was made by Councilor Lindell, seconded by Councilor Lee Garcia, to approve the consent agenda as amended.
VOTE The motion passed on a roll call vote as follows:
Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
8. PRESENTATIONS
A. UPDATE OF THE AREA MEDIAN INCOME (AMI) DATA AND UPDATE TO THE SANTA FE HOMES PRICING SCHEDULE.
The presentation was given by Ms. Ladd.
B. PRESENTATION OF FY2021 AUDIT REPORT.
The presentation was given by Ms. Oster and Mr. Bowers.
MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Lindell, to go to Petitions From The Floor as the next item to be heard.
VOTE The motion passed on a roll call vote as follows:
Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
17. PETITIONS FROM THE FLOOR
Stephanie Beninato. Ms. Beninato spoke about her appeal and about the Historic District Review Board meeting last night.
C. AUDIT UPDATE AND OVERVIEW
The update was given by Ms. Oster.
9. ACTION ITEMS: CONSENT AGENDA
A. REQUEST FOR APPROVAL OF THE JULY 26, 2023 REGULAR GOVERNING BODY MEETING MINUTES
Approved on consent.
B. REQUEST FOR APPROVAL OF LIQUOR HEARING OFFICER'S RECOMMENDATION TO APPROVE THE REQUEST FROM SANTA FE DISTILLERY, LLC FOR A WAIVER OF THE 300 FOOT LOCATION RESTRICTION AND APPROVAL TO ALLOW THE DISPENSING/CONSUMPTION OF ALCOHOLIC BEVERAGES AT THE SANTA FE SPIRITS PARKING LOT, LOCATED AT 308 READ STREET, WHICH IS WITHIN 300 FEET OF THE SANTA FE JEWISH CENTER, 230 W. MANHATTAN AVENUE. THE REQUEST IS FOR THE SANTA FE SPIRITS AT READ STREET 10 YEAR ANNIVERSARY, TO BE HELD ON FRIDAY, AUGUST 25, 2023, WITH ALCOHOL SERVICE FROM 3:00 PM TO 9:30 PM.
Approved on consent.
C. REQUEST FOR THE APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF SANTA FE AND THE SOLACE CRISIS TREATMENT CENTER IN THE AMOUNT OF $78,852 FOR THE USE OF OFFICE SPACE FOR THE SANTA FE POLICE DEPARTMENT'S SPECIAL VICTIMS UNIT STAFF.
Approved on consent.
D. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH AECOM TECHNICAL SERVICES, INC., FOR ON CALL ENGINEERING SERVICES IN THE AMOUNT OF $3,249,375, INCLUDING NMGRT THROUGH JUNE 30, 2027.
Approved on consent.
E. REQUEST FOR APPROVAL OF GOOD AND SERVICES CONTRACT WITH CAMNET THROUGH JUNE 30, 2026 IN THE TOTAL AMOUNT OF $461,940.70 INCLUDING NMGRT FOR THE PURCHASE AND INSTALLATION OF SECURITY EQUIPMENT AT THE SANTA FE REGIONAL AIRPORT.
Approved on consent..
F. REQUEST FOR APPROVAL OF BUDGET ADJUSTMENT RESOLUTION (BAR) FOR FY 24 IN THE AMOUNT OF $300,000 FOR THE PLANNING AND LAND USE DEPARTMENT BUDGET, IN ORDER FOR THE CITY'S INTERNAL BUDGET TO MATCH WHAT IS AVAILABLE IN THE CITY'S THIRD-PARTY PLAN REVIEW CONTRACT WITH SAFEBUILT, LLC.
Approved on consent.
G. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO ORIGINAL
CONTRACT #22-0031 WITH AAC CONSTRUCTION, LLC FOR THE RICHARDS AVE EAST AND CAMPO CONEJO MASTER METER VAULTS EXTENDING THE TERM OF THE CONTRACT THROUGH JUNE 30, 2024.
Approved on consent.
H. REQUEST FOR APPROVAL OF AN AGREEMENT OF SALE TO PURCHASE NEW MEXICO STATE GAME COMMISSION PROPERTY PRICE OF $2,100,000.
MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Cassutt, to approve the purchase of the New Mexico Game Commission property.
MOTION A motion was made by Councilor Michael Garcia, seconded by Councilor Villarreal, to table the item until the source of funding could be identified.
VOTE The motion passed on a roll call vote as follows:
Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, no; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
I. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH CAROLLO ENGINEERS INC., FOR CAPITAL IMPROVEMENT PROJECTS THROUGH JUNE 30, 2027 IN THE AMOUNT OF $3,249,375.
Approved on consent.
J. REQUEST FOR APPROVAL OF COOPERATIVE PROJECT AGREEMENT WITH THE NEW MEXICO DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $900,000 FOR THE CONSTRUCTION OF PROJECT CONTROL NO. S100660 CANADA RINCON TRAIL.
Approved on consent.
K. REQUEST FOR APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF SANTA FE AND THE SANTA FE PUBLIC UTILITIES DEPARTMENT FOR USE OF 18 ACRES OF LAND AT THE SANTA FE REGIONAL AIRPORT TO BE USED TO COLLECT, CONVEY AND TREAT SANITARY SEWAGE THROUGH JUNE 30, 2023.
Approved on consent.
L. REQUEST FOR APPROVAL OF AMENDMENT NO. 6 TO THE SANTA FE REGIONAL AIRPORT LEASE AGREEMENT JET CENTER AT SANTA FE REAL ESTATE, LLC, ITEM #15-0129, TO INCREASE THE SIZE OF THE PREMISES THROUGH APRIL 16, 2060.
This item was removed by staff.
M. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH HAZEN AND SAWYER FOR CAPITAL IMPROVEMENTS PROGRAM THROUGH JULY 1, 2027 IN THE AMOUNT OF $2,166,250.
Approved on consent.
N. REQUEST FOR APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CASE #2022-4942 IN THE MATTER OF REZONING FOR PROPERTY LOCATED AT 2339 BOTULPH ROAD, APPROVED DURING THE MAY 31, 2023 GOVERNING BODY MEETING.
Approved on consent.
O. RESOLUTION 2023- A RESOLUTION ADOPTING THE CITY OF SANTA FE'S 2025-2029 INFRASTRUCTURE CAPITAL IMPROVEMENT PLAN.
MOTION A motion was made by Councilor Romero-Wirth, seconded by councilor Lindell, to approve the Resolution.
Councilor Rivera introduced amendment A to the Resolution.
MOTION A motion was made by Councilor Rivera, seconded by Councilor Chavez, to approve amendment A to the Resolution.
VOTE Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
VOTE (on main motion)
Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
P. CONSIDERATION OF A RESOLUTION 2023-
A RESOLUTION PROPOSING A BALLOT QUESTION TO BE SUBMITTED TO THE CITY OF SANTA FE'S VOTERS DURING THE NOVEMBER 7, 2023 REGULAR LOCAL ELECTION REGARDING AMENDING THE CITY'S CHARTER TO INCLUDE A PROVISION ESTABLISHING AN INDEPENDENT OFFICE OF INSPECTOR GENERAL FOR THE CITY OF SANTA FE.
This item will be heard at the special meeting of the Governing Body on August 22nd.
Q. CONSIDERATION OF A RESOLUTION 2023- ·
A RESOLUTION PROPOSING A BALLOT QUESTION TO BE SUBMITTED TO THE CITY'S VOTERS DURING THE NOVEMBER 7, 2023 REGULAR LOCAL ELECTION REGARDING AMENDING THE CITY'S CHARTER TO REDUCE THE SIGNATURE REQUIREMENTS FOR REFERENDA AND INITIATIVES FROM 33.3 PERCENT TO 15 PERCENT, PROVIDE THAT THE DENOMINATOR USED TO CALCULATE THE PERCENTAGES IS THE TOTAL NUMBER OF VOTERS WHO VOTED IN THE MOST RECENT ELECTION THAT INCLUDED THE ELECTION OF THE OFFICE OF THE MAYOR, AND MAKE APPROPRIATE TECHNICAL CHANGES TO SECTIONS 3.01, 3.02, AND 3.03, CONSISTANT WITH ORDINANCE NO. 2018-24 REGARDING THE CITY'S ADOPTION OF THE LOCAL ELECTION ACT.
This item will be heard at the special meeting of the Governing Body to be held on August 22nd.
R. CONSIDERATION OF A RESOLUTION 2023-
A RESOLUTION PROPOSING A BALLOT QUESTION TO BE SUBMITTED TO THE CITY'S VOTERS DURING THE NOVEMBER 7, 2023, REGULAR LOCAL ELECTION REGARDING THE CITY'S CHARTER TO INCLUDE A PROVISION STATING THAT THE GOVERNING BODY, COMMISSIONS, AND BOARDS MUST ADOPT PROCEDURAL RULES STATING THAT THEY MUST ADHERE TO ESTABLISHED PRINCIPALS OF PROCEDURAL DUE PROCESS AND FUNDAMENTAL FAIRNESS WHEN FUNCTIONING IN A QUASI-JUDICIAL ROLE.
This item will be heard at the special meeting of the Governing Body to be held on August 22nd.
S. CONSIDERATION OF RESOLUTION 2023-
A RESOLUTION PROPOSING A BALLOT QUESTION TO BE SUBMITTED TO THE CITY'S VOTERS DURING THE NOVEMBER 7, 2023, REGULAR LOCAL ELECTION REGARDING AMENDING ARTICLE X OF THE CITY'S CHARTER TO SPECIFY THE SANTA FE MUNICIPAL CHARTER COMMISSION'S APPOINTMENT, TERMS, AND FUNCTIONS.
This item will be heard at the special meeting of the Governing Body to be held on August 22nd.
10. ACTION ITEMS: DISCUSSION AGENDA
A. RECOMMENDATION TO DENY APPEAL BY GYANNA BASSE/GAIA TRADERS, LLC DBA: LOVE FOR LIFE DISPENSARY, OF THE LAND USE DIRECTOR'S DECISION IN CASE #2023-6588 TO DENY REQUEST FOR VARIANCE TO OPERATE A RETAIL CANNABIS BUSINESS AT 1330 RUFINA CIRCLE, WITHIN 400 FEET OF ANOTHER LICENSED CANNABIS RETAIL BUSINESS
MOTION A motion was made by Councilor Villarreal, seconded by Councilor Chavez, to reject the recommendation of the City Attorney.
VOTE The motion passed on a roll call vote as follows:
Councilor Chavez, yes; Councilor Cassutt, no; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, no; Councilor Villarreal, yes; Mayor Webber, no.
MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Villarreal, to remove item 9 H from the table.
VOTE The motion passed on a roll call vote as follows:
Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
11. MATTERS FROM THE CITY MANAGER
Heard.
12. MATTERS FROM THE CITY ATTORNEY
Heard.
13. EXECUTIVE SESSION ACTION ITEMS
None.
14. MATTERS FROM THE CITY CLERK
Heard.
15. COMMUNICATIONS FROM THE GOVERNING BODY
Heard.
16. INTRODUCTION OF LEGISLATURE
A. CONSIDERATION OF A RESOLUTION 2023- A RESOLUTION ACCEPTING A MUNICIPAL ARTERIAL PROGRAM COOPERATIVE GRANT IDENTIFIED AS CONTROL NUMBER L500561 FOR THE PLANNING, DESIGN, CONSTRUCTION, RECONSTRUCTION, PAVEMENT REHABILITATION, CONSTRUCTION MANAGEMENT, DRAINAGE, AND MISCELLANEOUS IMPROVEMENTS OF THE HENRY LYNCH ROAD RECONSTRUCTION PROJECT.
Introduced.
B. CONSIDERATION OF A RESOLUTION 2023- A RESOLUTION RECONVENING THE COMMUNITY HEALTH AND SAFETY TASK FORCE FOR A SINGLE MEETING FOR THE PURPOSE OF ADOPTING THE TASK FORCE'S FINAL REPORT AND RECOMMENDATIONS.
Introduced.
C. A RESOLUTION CONSIDERATION OF A RESOLUTION 2023- PROPOSING A BALLOT QUESTION TO BE SUBMITTED TO THE CITY'S VOTERS DURING THE NOVEMBER 7, 2023, REGULAR LOCAL ELECTION REGARDING AMENDING THE CITY'S CHARTER TO LIMIT THE MAYOR'S ABILITY TO VOTE WHEN THERE IS A TIE.
Introduced.
18. PUBLIC COMMENT ON BILLS (FIRST PUBLIC COMMENT, NO ACTION)
None.
19. FINAL ACTION ON LEGISLATION (PUBLIC HEARING)
A. CONSIDERATION OF A BILL NO. 2023-15. ADOPTION OF ORDINANCE NO. 2023- A BILL AMENDING SFCC 1987 SECTION 2-4.66 TO INCREASE THE CITY MANAGER'S NON- PANDEMIC CONTRACT APPROVAL AUTHORITY TO ONE HUNDRED AND FIFTY THOUSAND DOLLARS, AND TO TWO HUNDRED THOUSAND DOLLARS BEGINNING JULY 1, 2024; AND TO REQUIRE THE CITY MANAGER, ON A MONTHLY BASIS, TO PUBLISH A LIST OF ALL CONTRACTS THE CITY MANAGER APPROVED; AMENDING SECTION 11-13 TO STRIKE LANGUAGE REGARDING CONTRACT AUTHORITY; AND AMENDING SECTION 20-1.4 BY REMOVING THE CITY MANAGER'S PANDEMIC-SPECIFIC AUTHORITY.
MOTION A motion was made by Councilor Lindell, seconded by Councilor Cassutt, to approve Bill No. 2023-15,
VOTE The motion passed on a roll call vote as follows:
Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, no; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
B. CONSIDERATION OF BILL NO. 2023-20. ADOPTION OF ORDINANCE NO. 2023- A BILL RELATING TO METROPOLITAN REDEVELOPMENT; DELETING THE CONTENT OF SECTION 7-2 REGARDING "URBAN RENEWAL", REPEALED BY STATE LAW IN 2008, AND REPLACING IT WITH THE CITY'S METROPOLITAN REDEVELOPMENT CODE, SECTIONS 6-13 AND 6-14, AMENDED TO BE CONSISTENT WITH STATE LAW, DELETE LANGUAGE SPECIFIC TO A BUSINESS CAPITOL DISTRICT, LIMIT METROPOLITAN REDEVELOPMENT COMMISSION LEASING AUTHORITY TO THAT SPECIFIED IN A PARTICULAR METROPOLITAN DEVELOPMENT PLAN, AND SPECIFY QUALIFICATIONS FOR METROPOLITAN REDEVELOPMENT COMMISSIONERS.
MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Villarreal, to approve Bill No. 2023-20.
VOTE The motion passed on a roll call vote as follows:
Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
C. CONSIDERATION OF BILL NO. 2023-23. A BILL CREATING ARTICLE 18-18, THE HIGH-END EXCISE TAX FOR AFFORDABLE HOUSING ORDINANCE; ESTABLISHING AN EXCISE TAX ON THE TRANSFER OF CERTAIN RESIDENTIAL PROPERTY AND DEDICATING THE REVENUES TO AFFORDABLE HOUSING.
This bill will be heard at the special meeting of the Governing Body to be held on August 22nd.
D. CONSIDERATION OF A RESOLUTION 2023-
A RESOLUTION PROPOSING A BALLOT QUESTION TO BE SUBMITTED TO THE CITY OF SANTA FE'S VOTERS DURING THE NOVEMBER 7, 2023, REGULAR LOCAL ELECTION REGARDING APPROVAL OF THE CITY ORDINANCE ESTABLISHING A HIGH-END EXCISE TAX FOR AFFORDABLE HOUSING.
This bill will be heard at the special meeting of the Governing Body to be held on August 22nd.
20. PUBLIC HEARINGS (LAND USE CASES, APPEALS, AND OTHER ITEMS REQUIRED TO HAVE A PUBLIC HEARING)
None.
21. APPOINTMENTS
A. CHILDREN AND YOUTH COMMISSION
- JENNIFER ROMERO - REAPPOINTMENT-TERM ENDING 01/2025
MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Villarreal, to approve the appointment.
VOTE The motion passed on a roll call vote as follows:
Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
B. SISTER CITIES COMMITTEE
JOHN DIRUGGIERO-APPOINTMENT - TERM ENDING 10/2025
MOTION A motion was made by Councilor Rivera, seconded by Councilor Lee Garcia, to approve the appointment.
VOTE The motion passed on a roll call vote as follows:
Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Lindell, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Villarreal, yes; Mayor Webber, yes.
22. ADJOURN
There being no further business before the Governing Body the meeting adjourned at 10:07 pm.
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