City of Santa Fe Governing Body met Sept. 11

City of Santa Fe Governing Body met Sept. 11.

Here is the agenda provided by the council:

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

Councilor Chavez

3. SALUTE TO THE NEW MEXICO FLAG

Councilor Castro

4. INVOCATION AND REMEMBRANCES

Councilor Michael Garcia

5. ROLL CALL

6. APPROVAL OF AGENDA

GOVERNING BODY MEETING

Wednesday, September 11, 2024

Page 2 of 11

7. APPROVAL OF CONSENT AGENDA

8. PRESENTATIONS

a. Santa Fe Women’s Commission Strategic Plan (Layla Archuletta-Maestas, Deputy City Manager; lsarchulettamaestas@santafenm.gov and Elais Ponton, Santa Fe Women's Commission Chair)

b. Review of FY 25-26 Internal Audit Plan and Program Overview. (Layla Archuletta-Maestas, Deputy City Manager; lsarchuleta maestas@santafenm.gov and Chelsea Ritchie; Chelsea.Ritchie@mossadams.com)

9. ACTION ITEMS: CONSENT AGENDA

a. Request for Approval of a Budget Amendment Resolution (BAR) in the Total Amount of $1,166,127 from the Cash Balance of the Water Management Fund to Fund the Filter Replacement Contract with Roberts Water Technology. (Jonathan Montoya, Source of Supply Facilities Manager; jmmontoya@santafenm.gov)

Committee Review:

Public Works and Utilities Committee: 09/03/2024

Finance Committee: 09/09/2024

Governing Body: 09/11/2024

b. Request for Approval of a Budget Amendment Resolution (BAR) in the Amount of $540,938 from the Cash Balance of the Water Management Fund to Fund FY25 City-Wide Construction for the Water Utility. (Bill Huey, Engineer; bchuey@santafenm.gov)

Committee Review:

Public Works and Utilities Committee: 09/03/2024

Finance Committee: 09/09/2024

Governing Body: 09/11/2024

c. Request for Approval of a Budget Amendment Resolution (BAR) to Re-Appropriate the Remaining Affordable Housing Trust Fund Budget in the Amount of $1,944,692 into the FY25 Budget. (Johanna Nelson, Office of Economic Development Director; jcnelson@santafenm.gov)

Committee Review:

Public Works & Utilities Committee: 09/03/2024

Quality of Life Committee: 09/04/2024

Finance Committee: 09/09/2024

Governing Body: 09/11/2024

d. Request For Approval of a General Services Contract with Polydyne Inc. for the Purchase of Cationic Polymers for Conditioning and Dewatering Sewage Sludge Prior to Disposal for a Total Amount of $1,400,000 through June 30, 2028. (P. Fred Heerbrandt, P.E., Engineer Supervisor; pfheerbrandt@santafenm.gov)

1. Request for Approval of a Budget Amendment Resolution (BAR) in the Total Amount of $350,000 from the Wastewater Management Enterprise Fund to Fund the Contract for Polydyne Inc.

Committee Review

Public Works and Utilities Committee: 09/03/2024

Finance Committee: 09/09/2024

Governing Body: 09/11/2024

e. Request for Approval of Amendment No. 1 to the Professional Services Agreement Item #23-0158 with Carollo Engineers, Inc. to Add Scope to the Paseo Real Master Plan to Evaluate Construction of a New Treatment Facility, Increase Compensation by $73,550 for a New Total Amount of $372,370.13 and Extend theTermination Date of the Contract to June 30, 2025. (P. Fred Heerbrandt, P.E., Engineer Supervisor; pfheerbrandt@santafenm.gov)

1. Request for Approval of a Budget Amendment Resolution (BAR) in the Total Amount of $73,550 from the Wastewater Management Enterprise Fund to Fund the Contract with Carollo Engineers, Inc.

Committee Review:

Public Works and Utilities Committee: 09/03/2024

Finance Committee: 09/09/2024

Governing Body: 09/11/2024

f. Request for Approval of Intergovernmental Agreement with the State of New Mexico Aging and Long-Term Services Department for Providing Volunteer Services for the Division of Senior Services Volunteer Programs in the Total Amount of $313,120 through June 30, 2025. (Theresa Trujillo, Volunteer Program Manager; tptrujillo@santafenm.gov)

Committee Review:

Quality of Life Committee: 08/21/2024

Finance Committee: 08/26/2024

Governing Body: 09/11/2024

g. Request for Approval to Purchase Six Snow Plowing Trucks from Roberts Truck Center in the Amount of $1,794,268.20 Excluding NMGRT for the Complete Streets Division. (Regina Wheeler, Public Works Department Director; rawheeler@santafenm.gov)

Committee Review:

Public Works and Utilities Committee: 09/03/2024

Finance Committee: 09/09/2024

Governing Body: 09/11/2024

h. Request for Approval to Purchase a Patching Truck from Pete’s Equipment Repair Inc. for $288,662 Excluding NMGRT for Complete Streets Division. (Regina Wheeler, Public Works Department Director; rawheeler@santafenm.gov)

Committee Review:

Public Works and Utilities Committee: 09/03/2024

Finance Committee: 09/09/2024

Governing Body: 09/11/2024

i. Request for Approval of Professional Services Agreement with Lee Engineering to Provide On-Call General Engineering Services in an Amount Not to Exceed $5,409,375 Including NMGRT for Four Years. (Romella Glorioso-Moss, Capital Projects Manager, rsglorioso moss@santafenm.gov)

Committee Review:

Public Works & Utilities Comment: 09/03/24

Finance Committee: 09/09/24

Governing Body: 09/11/24

j. Request for Approval of American Recue Plan Act (ARPA) Recovery Funds Subrecipient Contract with Santa Fe Community College for the Hire of a Workforce Program Coordinator to Promote and Support the Santa Fe Community College’s Trades and Certifications Programming in the Total Amount of $250,000 through December 31, 2026. (Elisa Portillo, Economic Development Specialist; emportillo@santafenm.gov)

Committee Review:

Economic Development Advisory Committee: 09/04/2024

Quality of Life Committee: 09/04/2024

Finance Committee: 09/09/2024

Governing Body: 09/11/2024

k. Request for Approval of Findings of Fact and Conclusions of Law for Appeal #2024-8077 Regarding the February 6, 2024 Board of Adjustment Decision to Grant a Variance on a Property Located at 1030 ½ W. Houghton St., Which the Governing Body Reversed at its August 14, 2024 Meeting. (Rebecca Mnuk-Herrmann, Assistant City Attorney; rmnukherrmann@santafenm.gov)

Committee Review:

Governing Body: 09/11/2024

l. CONSIDERATION OF RESOLUTION 2024-____. (Councilor Carol Romero-Wirth)

A Resolution Authorizing Submission of an Application to the New Mexico Finance Authority for Financial Assistance and Project Approval for Upgrades to the Canyon Road Water Treatment Plant. (Clinton Peterson, Engineer, Public Utilities; cdpeterson@santafenm.gov)

Committee Review:

Governing Body (Introduced): 08/28/2024

Public Works and Utilities Committee: 09/03/2024

Finance Committee: 09/09/2024

Governing Body: 09/11/2024

m. CONSIDERATION OF RESOLUTION 2024-____. (Councilor Carol Romero-Wirth and Councilor Jamie Cassutt)

A Resolution Recognizing the Devastating Impact of Covid-19 (SARS CoV-2); Honoring the Sacrifices that Essential Workers Have Made to Protect and Save Lives in their Communities; and Declaring Support for a Permanent Covid-19 Memorial to be Located in New Mexico to Honor the Victims of Covid-19. (Marci Eannarino, Legislation and Policy Innovation Manager; maeannarino@santafenm.gov)

Committee Review:

Governing Body (Introduced): 08/28/2024

Quality of Life Committee: 09/04/2024

Governing Body: 09/11/2024

10. ACTION ITEMS: DISCUSSION AGENDA

a. Request for Approval of Restated and Extended Memorandum of Agreement with Santa Fe County to Transfer the Santa Fe Film Office to the City of Santa Fe. (Randy Randall, Interim Community Development Director; rrandall@santafenm.gov)

Committee Review:

Finance Committee: 09/09/2024

Governing Body: 09/11/2024

11. MATTERS FROM THE CITY MANAGER

12. MATTERS FROM THE CITY ATTORNEY

In Accordance with the New Mexico Open Meetings Act, NMSA 1978, Subpart (H)(7) of Section 10-15-1, Attorney-Client Privileged Discussion of Pending and Threatened Litigation, in Particular Potential Litigation Regarding City Water Infrastructure Construction; In Re: City of Camden, et. al v. Tyco Fire Products LP et al., 2:24-cv 012231; and Union Protectiva de Santa Fe vs. Mayor Alan Webber and the City of Santa Fe, D-101-CV-2021-01373. (Erin K. McSherry, City Attorney: ekmcsherry@santafenm.gov).

13. EXECUTIVE SESSION ACTION ITEMS

a. Approval of Recommended Next steps with Regards to Potential Water Infrastructure Construction Litigation. (Erin K. McSherry, City Attorney: ekmcsherry@santafenm.gov)

b. Direction Regarding the City of Santa Fe’s Participation in the Tyco Certified Class. (Erin K. McSherry, City Attorney: ekmcsherry@santafenm.gov)

14. MATTERS FROM THE CITY CLERK

15. COMMUNICATIONS FROM THE GOVERNING BODY

16. INTRODUCTION OF LEGISLATION

a. CONSIDERATION OF RESOLUTION 2024-____. (Councilor Amanda Chavez)

A Resolution Accepting a Grant from the Local Government Road Fund Program Administered by New Mexico Department of Transportation and Entering into Cooperative Agreement Control Number L500577. (Romella Glorioso-Moss, Complete Streets Capital Projects Manager; rsglorioso-moss@santafenm.gov).

Committee Review:

Governing Body (Introduced): 09/11/2024

Public Works and Utilities Committee: 09/16/2024

Finance Committee: 09/23/2024

Governing Body: 09/25/2024

b. CONSIDERATION OF BILL 2024-10. ADOPTION OF ORDINANCE 2024-____.(Mayor Alan Webber)

A Bill Relating to the City of Santa Fe’s (“City’s”) Office of

Economic Development Plan Ordinance, Section 11-11-5 SFCC 1987; Repealing and Replacing Ordinance 2023-15, Including Approving a Local Economic Development Project Participation Agreement Between the City 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. (Johanna Nelson, Office of Economic Development; jcnelson@santafenm.gov and Casey Dalbor, Business Growth Manager; cjdalbor@santafenm.gov).

Committee Review:

Governing Body (Introduced): 09/11/2024

Governing Body (Public Comment): 09/25/2024

Economic Development Advisory Committee: 10/02/2024

Quality of Life Committee: 10/02/2024

Finance Committee: 10/07/2024

Governing Body: 10/30/2024

17. PETITIONS FROM THE FLOOR

18. PUBLIC COMMENT ON BILLS (First Public Comment, No Action)

a. CONSIDERATION OF BILL 2024-4. ADOPTION OF ORDINANCE NO. 2024-____. (Councilor Signe Lindell and Mayor Alan Webber).

A Bill Relating to Marty Sanchez Links de Santa Fe; Amending Sections 23-7.3 and 23-7.4 of SFCC 1987 to Update Golf Rates. (Melissa McDonald, Parks and Open Space Division Director, mamcdonald@santafenm.gov)

Committee Review:

Governing Body (Introduced): 08/28/2024

Governing Body (Public Comment): 09/11/2024

Quality of Life Committee: 09/18/2024

Finance Committee: 09/23/2024

Governing Body (Public Hearing): 10/09/2024

19. FINAL ACTION ON LEGISLATION (Public Hearing)

a. CONSIDERATION OF BILL 2024-11. ADOPTION OF ORDINANCE NO. 2024-____. (Councilor Carol Romero-Wirth)

A Bill Relating to House Bill 139, Adopted During the 2023 Regular Session; Amending Section 1-3.2 SFCC 1987 to Remove Text About the Corrections Fee, Judicial Education Fee, Court Automation Fee, and Substance Abuse Fee, Consistent with the Repeal of Sections 31-12-8 and 34-14-11 NMSA 1978; and Amending Section 12-6-12.2 of the Uniform Traffic Ordinance, to Remove Text About the DWI Prevention Fee and the Crime Laboratory Fee, Consistent with the Repeal of Section 31-12-7 NMSA 1978. (Christine M. Spiers, Legislation and Policy Innovation Assistant; cmspiers@santafenm.gov)

Committee Review:

Governing Body (Introduced): 07/31/2024

Governing Body (Public Comment): 08/14/2024

Quality of Life Committee: 08/21/2024

Finance Committee: 08/26/2024

Governing Body: 09/11/2024

b. CONSIDERATION OF BILL NO. 2024-9. ADOPTION OF ORDINANCE NO. 2024-____. (Councilor Carol Romero-Wirth)

A Bill Amending SFCC 1987, Section 11-8, to Allow the City of Santa Fe to Obtain an Investment Advisory Service Contractually for the Investment of Public Funds. (Alexis Lotero, Assistant Finance Director; aclotero@santafenm.gov)

Committee Review:

Governing Body (Introduction): 07/10/2024

Governing Body (Public Comment): 07/31/2024

Quality of Life Committee: 08/07/2024

Finance Committee: 08/12/2024

Governing Body (Public Hearing): 08/28/2024 (Rescheduled to Regular Governing Body Meeting on September 11, 2024 for Notice of Public Hearing)

Governing Body (Public Hearing): 09/11/2024

20. PUBLIC HEARINGS (Land Use Cases, Appeals, and Other Items Required to Have a Public Hearing)

21. APPOINTMENTS

a. Economic Development Advisory Committee

• Sierra Cruz – Appointment – Term Ending 06/2026

• Kathy Rivera – Appointment – Term Ending 06/2026