City of Santa Fe Governing Body met Oct. 25

City of Santa Fe Governing Body met Oct. 25.

Here are the minutes provided by the council:

I. CALL TO ORDER

The meeting of the Governing Body was called to order by Mayor Webber at 5:00 pm, on Wednesday, October 25, 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 Cassutt.

3. SALUTE TO THE NEW MEXICO FLAG

The salute to the New Mexico Flag was led by Councilor Lindell.

4. INVOCATION

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

Councilor Christopher Rivera

Councilor Carol Romero-Wirth

Councilor Renee Villarreal

MEMBERS EXCUSED

OTHERS PARTICIPANTS ATTENDING

Erin McSherry, City Attorney

John Blair, County Manager

Geralyn Cardenas, Interim City Clerk

Rich Brown, Director, Community Development

Emily Oster, Finance Director

Elizabeth Martin, Stenographer

6. APPROVAL OF AGENDA

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

VOTE The motion passed on a voice vote.

7. APPROVAL OF CONSENT AGENDA

Item 9 I was pulled for discussion by Councilor Michael Garcia

MOTION A motion was made by Councilor Chavez, seconded by Councilor Lee Garcia, to approve the Consent Agenda as amended.

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

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

8. PRESENTATIONS

a. COMMUNITY RISK REDUCTION ANALYSIS AND STRATEGIC PLAN FOR THE CITY OF SANTA FE FIRE DEPARTMENT

b. AUDIT UPDATE AND OVERVIEW

MOTION A motion was made by Councilor Rivera, seconded by Councilor Michael Garcia, to move the Executive Session, Matters from the City Attorney, Item 12, and the post session Item 13, to just before Appointments, item 21, and to move directly to Petitions From the Floor, item 17 and proceed through the balance of the agenda.

VOTE The motion passed on a roll call vote as follows: Councilor Lindell, yes; Councilor Cassutt, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Rivera, yes; Councilor Romero-Wirth, yes; Councilor Chavez, yes; Councilor Villarreal, yes; Mayor Webber, yes.

17. PETITIONS FROM THE FLOOR

Stephanie Beninato. Ms. Beninato commented on issues with payments by credit card for ads in the Visitor Guide, the new permit system and non-responsiveness of the Land Use Department.

9. ACTION ITEMS: CONSENT AGENDA

a. REQUEST FOR APPROVAL OF THE OCTOBER 11, 2023 GOVERNING BODY MEETING MINUTES

Approved on consent.

b. REQUEST FOR APPROVAL OF LIQUOR HEARING OFFICER’S RECOMMENDATION TO APPROVE THE REQUEST FROM BENTLEY LEGACY GROUP, LLC, FOR A RESTAURANT B (BEER, WINE & SPIRITS) LIQUOR LICENSE WITH ON-PREMISES CONSUMPTION ONLY AND PATIO SERVICE, TO BE LOCATED AT OLD SANTA FE INN, 201 MONTEZUMA AVENUE

Approved on consent.

c. REQUEST FOR APPROVAL OF LIQUOR HEARING OFFICER’S RECOMMENDATION TO APPROVE THE REQUEST FROM SECOND WIND PARTNERS, INC., FOR A BED & BREAKFAST LIQUOR LICENSE, TO BE LOCATED AT INN OF THE TURQUOISE BEAR, 342 E. BUENA VISTA STREET.

Approved on consent.

d. REQUEST FOR APPROVAL OF A BUDGET AMENDMENT RESOLUTION (BAR) TO INCREASE THE FUNDS FOR FY2024 FOR AUDIT PREPARATION AND ACCOUNTING CONSULTING IN THE TOTAL AMOUNT OF $785,883, WHICH IS THE UNEXPENDED AMOUNT ORIGINALLY BUDGETED FOR FY2023.

Approved on consent.

e. REQUEST FOR APPROVAL OF NEW MEXICO DEPARTMENT OF TRANSPORTATION AVIATION DIVISION GRANT # SAF-24-03 FOR THE DESIGN OF THE TERMINAL APRON REPLACEMENT IN THE AMOUNT OF $284,610.

Approved on consent.

f. REQUEST FOR APPROVAL OF THE NEW MEXICO DEPARTMENT OF FINANCE & ADMINISTRATION CERTIFICATION FOR ALLOCATION 22-ZG1016-48 FOR RECRUITMENT AND RETENTION STIPENDS FOR LAW ENFORCEMENT OFFICERS AT THE SANTA FE POLICE DEPARTMENT FOR FY24 IN THE TOTAL AMOUNT OF $112,500.

Approved on consent.

g. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BOHANNAN HUSTON INC. FOR ON-CALL ENGINEERING SERVICES IN THE TOTAL AMOUNT OF $3,243,975 INCLUDING NMGRT THROUGH OCTOBER 5, 2026.

Approved on consent.

h. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO THE NEW MEXICO DEPARTMENT OF TRANSPORTATION AVIATION DIVISION GRANT # SAF-24-02 IN THE AMOUNT OF $391,033 FOR THE REPAIR

j. REQUEST THE APPROVAL OF AMENDMENT NO. 1 TO GENERAL OF THE RUNWAY MIDFIELD INTERSECTION, BRINGING THE TOTAL AMOUNT OF THE GRANT TO $1,727,033.

Approved on consent.

i. REQUEST FOR APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT ITEM #22-0378 WITH TYLER MUNIS UPGRADE FOR SENIOR FINANCE SUBJECT MATTER EXPERTS AND TESTERS SERVICES WITH IT CONNECTED INC. FOR CONSULTING SERVICES FOR THE FINANCE DEPARTMENT IN THE TOTAL AMOUNT OF $108,312.50 THROUGH JUNE 30, 2024.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Cassutt, to approve the request for Amendment No. 1 to the Professional Services Agreement with Tyler Munis.

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

SERVICES AGREEMENT ITEM #22-0389 WITH THE SANTA FE RAILYARD PARK CONSERVANCY TO CLARIFY RESPONSIBILITIES AND REPORTING AND INCREASE THE COMPENSATION BY $300,000 FOR THE TOTAL AMOUNT NOT TO EXCEED $400,000 THROUGH JUNE 30, 2026.

Approved on consent.

k. REQUEST FOR APPROVAL TO PURCHASE TWO (2) FORD F150 PICKUP TRUCKS AND ONE (1) FORD F450 PICKUP TRUCK FOR THE CITY OF SANTA FE’S WASTEWATER MANAGEMENT DIVISION IN THE TOTAL AMOUNT OF $184,097 FROM CHALMERS FORD.

Approved on consent.

l. REQUEST FOR APPROVAL OF PURCHASING AGREEMENT WITH SOUTHWEST AMBULANCE SALES FOR THE PURCHASE OF A NEW FORD E-350 XL CUTAWAY AMBULANCE UTILIZING THE HGACBUY PRICE AGREEMENT #AMIO-20; IN THE TOTAL AMOUNT OF $187,726.

Approved on consent.

10. ACTION ITEMS: DISCUSSION AGENDA

a. REQUEST FOR APPROVAL OF AMENDMENT NO. 2 TO AUDIT CONTRACT ITEM #22-0417 WITH CARR, RIGGS, INGRAM TO INCREASE COMPENSATION BY $113,287 FOR A NEW CONTRACT AMOUNT OF $382,741 INCLUDING NMGRT TO PROVIDE AUDIT SERVICES FOR FYE 6/30/2022.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Cassutt, to approve the request for approval of Amendment No. 2 to the

Audit Contract.

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

b. CONSIDERATION OF RESOLUTION 2023-_____. A RESOLUTION DIRECTING THE CITY MANAGER TO ESTABLISH AN OFFICE OF

Governing Body October 25, 2023 Page 7

11. MATTERS FROM THE CITY MANAGER

14. MATTERS FROM THE CITY CLERK

15. COMMUNICATIONS FROM THE GOVERNING BODY

16. INTRODUCTION OF LEGISLATION

a. CONSIDERATION OF BILL NO. 2023-25. A BILL AMENDING SFCC 1987, SECTIONS 23-4.13, AND 23-7.5. TO REMOVE YOUTH ADULT LEAGUES’ PRIORITY USE OF THE MUNICIPAL RECREATION COMPLEX SPORTS FIELDS; AND TO REQUIRE ANNUAL REVIEW AND PUBLICATION OF A FIELD USE MANAGEMENT PLAN.

b. CONSIDERATION OF A RESOLUTION 2023-______. A RESOLUTION APPROVING THE CITY OF SANTA FE’S PARTICIPATION IN A TRANSPORTATION PROJECT FUND PROGRAM ADMINISTERED BY NEW MEXICO DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO THE AGUA FRIA/SOUTH MEADOWS INTERSECTION.

c. CONSIDERATION OF A RESOLUTION 2023-_______. A RESOLUTION REQUESTING APPROVAL OF FIRST QUARTER BUDGET AMENDMENTS FOR FISCAL YEAR 2024.

d. CONSIDERATION OF A RESOLUTION 2023-______. A RESOLUTION SUPPORTING THE ADMINISTRATIVE AND LEGISLATIVE PROTECTION OF THE UPPER PECOS RIVER WATERSHED THROUGH THE WITHDRAWAL OF MINERAL RIGHTS.

18. PUBLIC COMMENT ON BILLS (FIRST PUBLIC COMMENT, NO ACTION)

a. CONSIDERATION OF BILL NO. 2023-24. A BILL AMENDING SFCC 1987, SECTION 14-5.2, TO AUTHORIZE THE HISTORIC DISTRICTS REVIEW BOARD TO APPROVE ADDITIONAL EXCEPTIONS, INCLUDING EXCEPTIONS FOR SIGNS AND MURALS; AND TO REMOVE CERTAIN ADMINISTRATIVE REQUIREMENTS FOR LAND

USE STAFF APPROVALS AND DISAPPROVALS OF SIGNS AND MURALS.

Adam Johnson. Mr. Johnson commented that the Old Santa Fe Historic Association strongly supports the Board’s authority. He spoke to concern about the language around signs and murals.

Stephanie Beninato. Ms. Beninato commented about the language around signs and murals.

Ms. McSherry informed the Governing Body that an error was made on the original referral. She would like the Governing Body to correct that error by motion tonight.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Lindell, to suspend the rules.

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

MOTION A motion was made by Councilor Lindell, seconded by Councilor Romero-Wirth, that Bill number 2023-24 be heard by the Historic District

Review Board on 11/14/23; by the Quality of Life Committee on 11/15/23;

by the Public Works and Utilities Committee on 11/27/23 and that it be heard by the Governing Body on 12/13/23.

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

Governing Body October 25, 2023 Page 9

19. FINAL ACTION ON LEGISLATION (PUBLIC HEARING) None.

20. PUBLIC HEARINGS (LAND USE CASES, APPEALS, AND OTHER ITEMS REQUIRED TO HAVE A PUBLIC HEARING)

None.

12. MATTERS FROM THE CITY ATTORNEY EXECUTIVE SESSION

In Accordance with the New Mexico Open Meetings Act, NMSA 1978, Section 10-15-1, Subpart (H)(7), Attorney-Client Privileged Discussion of a Quarterly Update and Pending and Threatened Litigation in which the City is or may Become a Party, Including but not Limited to, City of Santa Fe vs. Purdue Pharma, LP, et. al, Union Protectiva vs. City of Santa Fe and Mayor Alan Webber, and Hill, Newton, and Santa Fe Association of Realtors, Inc. v. City of Santa Fe.

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

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

The Governing Body entered into Executive Session at 9:11 pm.

MOTION A motion was made by Councilor Rivera, seconded by Councilor Chavez, to return to the regular meeting.

The Governing Body returned to the regular meeting at 9:43 pm.

Governing Body October 25, 2023 Page 10

13. EXECUTIVE SESSION ACTION ITEMS

a. REQUEST FOR APPROVAL OF A WAIVER OF CONFLICT OF 21. APPOINTMENTS INTEREST - CONSULTATION, DISCLOSURE, AND INFORMED CONSENT TO REPRESENTATION WITH BROWNSTEIN HYATT FARBER SCHRECK, LLP, WHICH REPRESENTS ALLERGEN IN CITY OF SANTA FE VS. PURDUE PHARMA, LP, ET. AL..

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Cassutt, to approve the request for approval of a waiver of conflict of interest.

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

a. AUDIT COMMITTEE

* DIANE RUBIN - APPOINTMENT - TERM ENDING 11/2025

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Chavez, to approve the Audit Committee appointment.

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 9:47 pm.

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