City of Santa Fe Governing Body met Aug. 28

City of Santa Fe Governing Body met Aug. 28.

Here are the minutes provided by the council:

1. CALL TO ORDER

The regular meeting of the Governing Body was called to order by Mayor Webber at 5:06 pm, on Wednesday, August 28, 2024, 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 Chavez.

3. SALUTE TO THE NEW MEXICO FLAG

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

4. INVOCATION AND REMEMBRANCES

The invocation was given by Councilor Michael Garcia.

A moment of silence and remembrances were given.

5. ROLL CALL

MEMBERS PRESENT

Mayor Alan Webber

Councilor Amanda Chavez

Councilor Signe Lindell

Councilor Jamie Cassutt

Councilor Alma Castro

Councilor Lee Garcia

Councilor Michael Garcia, virtually

Councilor Carol Romero-Wirth

MEMBERS EXCUSED

Councilor Pilar Faulkner, Excused

OTHERS PARTICIPANTS ATTENDING

John Blair, City Manager

Erin McSherry, City Attorney

Geralyn Cardenas, Interim City Clerk

Elizabeth Martin, Stenographer

6. APPROVAL OF AGENDA

Ms. Cardenas stated that staff has requested to remove item 10 A from the agenda.

Councilor Romero-Wirth asked to reorder the agenda to place the Executive Session and the two action items following the Executive Session to directly after the Presentations.

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

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

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

7. APPROVAL OF CONSENT AGENDA

Item 9 C was pulled by Councilor Castro, to recuse herself.

Item 9 C was pulled by Councilor Michael Garcia for discussion.

MOTION A motion was made by Councilor Chavez, seconded by Councilor Castro, 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 Castro, yes; Councilor Lindell, yes; Councilor Lee Garcia, yes; Councilor Michael Garcia, yes; Councilor Romero-Wirth, yes; Mayor Webber, yes.

8. PRESENTATIONS

A. SANTA FE WOMEN’S COMMISSION STRATEGIC PLAN

Given.

B. REVIEW OF FY 25-26 INTERNAL AUDIT PLAN AND PROGRAM

Given

MOTION A motion was made by Commissioner Cassutt, seconded by Commissioner Romero-Wirth, to make item 17 the next item of business.

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

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

17. PETITIONS FROM THE FLOOR

Steven Fox. Mr. Fox spoke about issues.

Stephanie Beninato. Ms. Beninato spoke over grown allies and the Ethics Commission and other issues.

12. MATTERS FROM THE CITY ATTORNEY

Ms. McSherry recommended that the Governing Body enter into Executive Session.

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 LPET AL., 2:24-CV-012231; AND UNION PROTECTIVA DE SANTA FE VS. MAYOR ALAN WEBBER AND THE CITY OF SANTA FE.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Cassutt, to enter into Executive Session in accordance with the New Mexico Open Meetings Act, NMSA 1978, Subpart (H)(7) of Section 10-15-1.

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

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

The Governing Body entered into Executive Session at 7:29 pm

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Cassutt, to reconvene in open session.

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

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

The Governing Body reconvened in open session at 7:51 pm.

13. EXECUTIVE SESSION ACTION ITEMS

A. APPROVAL OF RECOMMENDED NEXT STEPS WITH REGARDS TO POTENTIAL WATER INFRASTRUCTURE CONSTRUCTION LITIGATION.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Chavez, to approve the recommended next steps.

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

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

B. DIRECTION REGARDING THE CITY OF SANTA FE’S PARTICIPATION IN THE TYCO CERTIFIED CLASS.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Chavez, to opt out of the class action settlement.

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

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

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.

Approved on consent.

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.

Approved on consent.

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.

Councilor Castro recused herself from this item and temporarily left the meeting.

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

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

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

Councilor Castro returned to the meeting.

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

Approved on consent.

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 THE TERMINATION DATE OF THE CONTRACT TO JUNE 30, 2025.

Approved on consent.

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.

Councilor Michael Garcia recused himself from this item and temporarily left the meeting.

MOTION A motion was made by Councilor Castro, seconded by Councilor Cassutt, to approve the request.

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

Councilor Chavez, yes; Councilor Cassutt, yes; Councilor Castro, yes; Councilor Lindell, yes; Councilor Lee Garcia, yes; Councilor Romero-Wirth, yes; Mayor Webber, yes.

Councilor Michael Garcia returned to the meeting.

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.

Approved on consent.

H. REQUEST FOR APPROVAL TO PURCHASE A PATCHING TRUCK FROM PETE’S EQUIPMENT REPAIR INC. FOR $288,662 EXCLUDING NMGRT FOR COMPLETE STREETS DIVISION.

Approved on consent.

I. REQUEST FOR APPROVAL OF PROFESSIONAL SERVICES FEBRUARY 6, 2024 BOARD OF ADJUSTMENT DECISION TO GRANT A VARIANCE ON A PROPERTY LOCATED AT 1030 ½ W. HOUGHTON 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.

Approved on consent.

J. REQUEST FOR APPROVAL OF AMERICAN RESCUE 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.

Approved on consent.

K. REQUEST FOR APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR APPEAL $2024-8077 REGARDING THE ST., WHICH THE GOVERNING BOY REVERSED AT ITS AUGUST 14, 2024 MEETING.

Approved on consent.

L. CONSIDERATION OF RESOLUTION 2024-_____. 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.

Approved on consent.

M. CONSIDERATION OF RESOLUTION 2024-_____. 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.

Approved on consent.

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.

Removed from the agenda by staff.

11. MATTERS FROM THE CITY MANAGER

Heard.

14. MATTERS FROM THE CITY CLERK

Heard.

15. COMMUNICATIONS FROM THE GOVERNING BODY

Heard.

16. INTRODUCTION OF LEGISLATION

A. CONSIDERATION OF RESOLUTION 2024-_____. 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.

Introduced.

B. CONSIDERATION OF BILL 2024-10. ADOPTION OF ORDINANCE 2024-_____. 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.

18. PUBLIC COMMENT ON BILLS (FIRST PUBLIC COMMENT, NO ACTION)19. FINAL ACTION ON LEGISLATION (PUBLIC HEARING)

Introduced.

A. CONSIDERATION OF BILL 2024-4. ADOPTION OF ORDINANCE NO. 2024-_____. 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.

Stephanie Beninato. Ms. Beninato spoke to the new management of the golf course.

19. FINAL ACTION ON LEGISLATION (PUBLIC HEARING)

A. CONSIDERATION OF BILL 2024-11. ADOPTION OF ORDINANCE NO. 2024-_____. 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, CONSISTANT 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 DWI PREVENTION FEE AND THE CRIME LABORATORY FEE, CONSISTENT WITH THE REPEAL OF SECTION 31-12-7 NMSA 1978.

There were no public comments.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Lindell, to approve Bill 2024-11.

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

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

B. CONSIDERATION OF BILL NO. 2024-9. ADOPTION OF ORDINANCE NO. 2024-_____. 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.

There were no public comments.

MOTION A motion was made by Councilor Romero-Wirth, seconded by Councilor Lindell, to approve Bill 2024-9.

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

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

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

None.

21. APPOINTMENTS

A. ECONOMIC DEVELOPMENT ADVISORY COMMITTEE

* SIERRA CRUZ - APPOINTMENT - TERM ENDING 06/2026

* KATHY RIVERA - APPOINTMENT - TERM ENDING 06/2026

MOTION A motion was made by Councilor Cassutt, seconded by Councilor Chavez, to approve the appointments.

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

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

B. PUBLIC SAFETY COMMITTEE

* CAMERON CRAWFORD - APPOINTMENT - TERM ENDING 03/2028

* AURORA MARTINEZ - APPOINTMENT - TERM ENDING 03/2028

* CHRISTINE ROBERTSON - APPOINTMENT - TERM ENDING 03/2028

MOTION A motion was made by Councilor Chavez, seconded by Councilor Castro, to approve the appointments.

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

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

22. ADJOURN

There being no further business before the Governing Body, the meeting adjourned at 8:45 pm.

EXECUTIVE SESSION

The Governing Body of the City of Santa Fe met in an executive session duly called on September 11, 2024, beginning at 7:33 p.m.

The following was discussed:

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)

PRESENT

Mayor Webber

Councilor Lindell

Councilor Castro

Councilor M. Garcia (Virtual)

Councilor Romero-Wirth

Councilor L. Garcia

Councilor Cassutt

Councilor Chavez

STAFF PRESENT

John Blair, City Manager (Left at 7:34P PM)

Erin McSherry City Attorney