[Music] okay good afternoon everyone welcome to our city council meeting today is monday april excuse me on april august 15th 2022 it's approximately 1 p.m uh before we have our pledge of allegiance i'm going to ask you if you please rise for a brief moment of silence as we reflect back on the brave men women the united states armed forces as they protect our interests around the globe as well as the courageous men and women of las cruces police department and the las cruces fire department as they keep our city safe 24 7 365. counselor beta join me in the pledge i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all thank you okay now we're going to have our pets of the week and jennifer martinez from our communications office will be presenting good afternoon mayor and council i am jennifer martinez with the city's communications office and today i would like to introduce you to our cat and dog of the week and i will begin with marley marley loves going on walks she is very gentle when taking treats she does need a little bit of time and reassurance getting to know people but once she does she does become very comfortable if given that time to adjust marley is a little over a year old and can be a little bit scared sometimes when put in new environments or situations and then we have doja doja is a six pound little thing who is about three years old this little girl is just waiting for her forever family to stroll in and fall in love she is on the quiet side and a little reserved as well dosia has had a previous owner who made her feel very loved and very safe but that owner has passed away you can meet doja or marley by calling the animal services center at eight two zero zero one eight to make an appointment to visit and if i can remind you we're halfway into the clear the shelters adoption promotion and that is where the adoption fees are reduced to twenty five dollars there's also an adoption event going on saturday at petco from 11am to 2pm so you can come and get to know some of your new best friends thank you mayor thank you jennifer okay now we're going to have chris favor from economic development to the jobs of the week good afternoon mayor council i will be taking over jobs of the week oh okay okay mervda is looking for 911 call takers uh they pay basically 18 an hour and those positions close on october 10th uh adelante development center is looking for cooks uh 15 per hour and those positions close the end of this month liberty engineering wire products is looking for maintenance mechanics 20 to 24 an hour depending on experience that too closes the end of this month style america is looking for stylists between 11 and thirteen dollars an hour depending on experience that closes august twenty seventh and southwest alarm and fires looking for three alarm technicians pay between fourteen and twenty dollars per hour depending on experience that closes september 9th just as a reminder all jobs and internships can be found at employmentnm.com or at governmentjobs.com careers slash las cruces and if you're looking to get in touch with workforce connections you can reach them at 575-524-6250 or in their offices at 26 or 200 226 south alameda boulevard or on their website at employeenm.com thank you all right thanks chris okay now we're going to have a presentation of proclamations and i believe counselor beta has a proclamation there's a little button a little bit higher there you go thank you we do have a one proclamation for our monuments to main street month it is presented to william bill childress and anyone from that organization if you'd like to come up now okay with that in mind we will just continue with the proclamation whereas public lands ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors and whereas public lands provide space for active communities that aid in the prevention of chronic diseases provide therapeutic recreation for services for individuals with disabilities and also improve the mental and emotional health of all citizens and whereas public lands are vitally important to establishing and maintaining the quality of life in our communities ensuring the health of all citizens and contributing to the economic environmental well-being of our community and whereas local public lands increase a community's economic prosperity through increased tourism and the attraction and retention of businesses and whereas the city of las cruces recognizes the benefits derived from public land recreations resources now therefore we the mayor and city council of the city of las cruces new mexico do hereby proclaim the month of september 2022 as monuments to main street month and urge the citizens of las cruces new mexico to join in recognizing the critical roles public lands play in our city signed by our mayor kenmi yagashima and attested by christina vera our city clerk thank you okay thank you councillor mr childress isn't here i guess okay all right so that takes care of that now we're going to go to conflict of interest statement this is where i ask if any member of the city council city manager or any member of city staff has any known conflict of interest on any item on the agenda none and graham none regarding 8.3 i just want to disclose i am a landlord so i'll just share that with you okay now we're going to go to public participation this is where members of the public can speak to council for a total of three minutes uh seven minutes total three minutes for public uh participation four minutes for items that are on the agenda if you can't wait and you need to speak or say something about an item that's on the agenda please let us know because the council won't be able to respond to you normally i start on my left well judge you're welcome i i know you've got to get back to court so you're welcome to just introduce yourself and share with us what you came here for thank you good afternoon i am presiding las cruces municipal judge joy goldbaum and at next week's city council meeting i will be doing a presentation that i think will address most of your questions and concerns about the court and i hope will be very informative for you so most of what i'm about to say will be addressed next week a little fuller but i did want to inform you right away that kieran ryan is no longer serving as a municipal judge there was some irregularity or misrepresentation about his qualifications he's no longer licensed to practice law in new mexico and city code section 17-34 a states in part no person may be elected or appointed municipal judge who is not an active member in good standing of the new mexico state bar association unfortunately he did hear cases last week and i will have to go through those to determine if they need to be dismissed or can be reheard there was no reason to rush through that appointment and to do so without my input or even my knowledge i must implore this council the city manager the mayor and the city attorney's office not to vote on any changes to the municipal court or its personnel without my prior knowledge and input i will have more to say on this matter and others regarding the court next week but again until then i insist that you take no action of any kind involving the court without my knowledge and input and i leave you with the following statement from the city's webpage on transparency and accountability you have a right to know what the city of las cruces is doing for you the city operates in a manner that creates trust so it can lead to a successful organization this municipal organization has an obligation to our residents to be open and honest i want to work with you in a spirit of collaboration i'll say more about that next week as well thank you excuse me judge i believe i believe brad from our city attorney's office will respond to your your comment thank you mayor council members so is it the court's position that mr ryan or judge ryan whichever you prefer is not a member of the new mexico bar if he is on inactive status yes that was our position ma'am you're going to have to come to the podium if you're going to respond we can't we can't pick your answers up from the audience nor do we allow members to do that good afternoon hello judge yes that is excuse me ma'am can you speak into the microphone please yes that is my position all right and this is judge goldbaum from the las cruces municipal court thank you judge so i reviewed before i came in section i believe it's 902 and it's subsections that states that no one shall be elected a municipal judge unless they are an active member of the bar licensed attorney now you cited section 17-34a is that correct yes sir and is it your understanding of that i have not reviewed that full disclosure but is it your position that that ordinance states that no one shall be appointed unless they are an active member of the new mexico bar yes sir okay all right thank you judge thank you mr douglas okay so now we're going to go ahead and begin our public participation i usually start on my left first row mr burunda you have three minutes yes my name is paul burunda and i've been a resident so i was born and raised here in las cruces 70s almost 78 years ago last week our last city council meeting on august the 1st i touched base on this very issue of judge ryan's appointment i did then contact the city clerk's office and got copies of the booklet here and [Music] i contacted the governor's office and the attorney general's office on this issue but first of all one other thing i wanted to add i had asked the mayor for the city council for an additional five minutes so that i could discuss other issues but mayor miyagashima and i don't get along very well so he denies me anything and everything chance that he gets to for me to speak and i spoke about this issue but the most important part of this is to disclose to the city council you voted in favor of appointment of judge ryan without knowing anything about what he is all about and i'm ashamed of you and you should be ashamed of yourself for doing it a year and a half ago i came here and i spoke to before the council and judge gallagher gallagher chief gallagher appointed a internal affairs division to investigate ryan for perjury allowing the officer to perjure himself and i also then appealed he found me guilty and i appealed to district court and before marty virus and she stated to me in court and i have all the evidence she said i as long as i'm judged here of the third judicial district court i will never hold a police officer accountable for perjury that's the kind of government we have you should be ashamed of yourself for voting for something you knew nothing about and all of all of you all of you that sit here today except for mrs graham and mrs karan were on the council at the time you are my district one representative mrs cantor and you've known all along everything that has been happening that i've shared with you whether you say you're helping me i don't see any progress now mrs flores you mentioned on on the august 1st that um the mayor was a multi-millionaire i wonder how we got that money it's in it's in it's a city council meeting so you don't don't look surprised uh i um at least that's what what my impression is from listening to uh watching the city council meeting of august the first and the governor is looking at it too and we are not as citizens going to vote for our uh another governor thank you mr burndale your time is up without hell to pay thank you okay so that was first row 81 on the second row you really want to follow that mr mayor yes go ahead sir i just need you to state your name please mr mayor city council my name is michael potts and i just came here to give you some information and discuss this resolution 23022 that you have before you today sir you won't be able to stay for that resolution will you be able to stay to talk about that resolution because we don't normally talk about the agenda participation is usually for other things that aren't on the agenda oh well then i apologize if you can wait it won't be that long i don't think okay thanks thank you sir thank you just need to state your name please before you start the clock mr mayor my name is billy lawrence i'd like to claim all three minutes of my time if there's any questions you feel free to ask me at the end of my discussion or presentation so starting now again my name is billy lawrence i'm a combat veteran u.s air force vet 23 years eight months and two days i served two tours in iraq greetings my name is billy lawrence i live at 1955 palm canyon drive i'm here today to discuss the special use permitting process for the halfway house established at 1955 palm canyon drive i understand that in accordance with the fair federal fair housing act in the ada local governments are required to make reasonable accommodation for recovering alcoholics and drug addicts who live in group environments i'm not here to protest the fact that the halfway house has been established next door to me in september of 21 2021 i'm here to discuss what i believe to be a procedural error committed by the city of las cruces during the establishment of this halfway house and how it's arbitrary and capricious decision not to post a special use notice resulted in a procedural error which has caused me and caused severely diminished my my quality of life for me and my family and others that are affected around the city for this same situation on or about 19 meg i called the city planning office and i spoke with john i believe his last name was munoz i'm not sure uh after putting me on a brief hold to confer with his with his co-worker he advised me that they had discussed the the special use permitting process for this specific specific address and it was decided that this house didn't meet the definition of a halfway house he further stated that this house was like a house full of college kids renting rooms and the special use permitting process wasn't required i told him that i didn't agree and he could come and see the neighbors for himself i then told him i would send a letter further explaining my reasoning i sent the letter on 28 million i was contacted right away by the planning and zoning lead i would assume with a hyphenated name that included rogers she was very polite she told me that they're in the process of updating the ordinance on the definition of a halfway house because it was something to the effect of the ordinance isn't clear or it's ambiguous in the way it was currently written i told her for this discussion we're looking at the current ordinance i specifically asked her what criteria was used as a basis for their decision and and she didn't really answer the question but she said if i didn't like their decision i can do one of two things call codes to complain if there's violations next door or pay 250 dollars to appeal their decision i specifically asked if she would please answer my questions in writing provide me a written response to my for my file at the earliest convenience as of this date i have not received a response from anyone so i called the city manager's office on friday the 12th that spoke with annette who found my email and re-sent it to all of you again including you counselor flores lastly i thought i haven't dis i thought lastly although i haven't discussed this situation my with my neighbors or any other affected parties i have discussed it with an attorney and he referred me to the new mexico state bar i haven't retained his services but he's advised me that procedural errors committed by municipalities can be fatal mistakes resulting in lawsuits or settlements for damages and he strongly recommended i attain legal counsel asap my first letter was an inquiry my next letter i have already prepared is a demand letter should the city continue to ignore my request for an explanation i'm available to meet with your legal counsel or anyone else in a more private city to discuss this matter in greater detail any questions the only thing i have sir if you'd like to leave that with the city clerk um i'll take a look at it and sure you have the no you have the letter mr mayor you have the letter all of you have the letter yeah once the florida has it let me just share with you that if they send it to all council members it's very unlikely it's going to be responded to sir so that no i i just got insane you want to leave with the city clerk fine if you don't want to okay we're the next next speaker okay we'll go to the next one okay you're welcome okay third row anyone fourth row there's going to be a full moon tonight afternoon everybody my name is patrick nolan i serve as executive director with friends of oregon mountains cesar peaks i'm here to give a thank you to the city of las cruces um this year we are co-hosting danger bird this is the yearly route of the monumental loop uh for those of you that don't know many of you probably know more than you want to know about the loop it is it connects all four parts of the national monument and this year is our first permanent event where folks are registering and we were able to do this thankfully for the with the support of visit las cruces and the good folks over there specifically hillary and rochelle who are really instrumental in believing in the in the monumental loop um registration closed at 150 so of those 150 half of those folks are from out of the state of new mexico so i think that's a really good sign of like economic development bringing folks here to southern new mexico from all over wisconsin california maine i think there was a maine in there the florida lots of texas arizona and then we're also some new mexicans out there because we protect public lands for new mexicans too of the riders are female which i understand we need to do a better job of so i just think it's important to mark that um we need to get more young women out on bikes so we will continue to work with the city of las cruces parks and rec on that kind of program so like i said this is the first year it's a permanent event with our local blm office and i invite you to come to the backpacking summit which will take place at klein park on october 28th and we're really talking all things outdoor wreck it's a great chance to learn more i'm sure we can get somebody up here to serve on a panel to talk about what the city is doing for outdoor recreation and then the ride will kick off october 29th from the downtown plaza somewhere around here and you can ride on that you don't have to do the whole 200 mile loop but you can ride on that intro ride and send folks off on their voyage so thank you again to the city council and to visit las cruces all right thank you patrick that was what the fourth row i believe fifth row anyone sixth row seventh row you know okay yeah you too i'm juan and this uh this lady here i'm juan garcia mayor counselors i understand using social justice verbiage helps court political points but i find it very troubling and divisive seeing soul issues revolve around identity or racial or victimhood context a quote from the resolution 23-22 presents the ideology of the oppressors and the oppressed this time the landlords being the oppressors sourcing and unquote source of income discrimination contributes to the perpetuation of racially segregated communities racially segregated communities and neighborhoods with concentrated poverty well i don't believe there should be discrimination against anyone but on the other hand landlords have to make a risk assessment on who they will do business with many landlords from mom and pop small businesses who are trying to make some supplemental income to survive in a high cost of living environment they count on the rent to pay the maintenance or mortgage of their rentals or for their own steady stream of income many are on fixed income i know a few of those when a tenant defaults the landlord is stuck with resolving the problem at their own expense and i quote increased efforts to combat income discrimination through aggressively investigating and prosecuting landlords who refuse to rent the tenants you can drive a truck through that quote so if a landlord deems a prospective tenant is a risk and refuses to rent you're going to prosecute him or her please stop with the racial divisiveness and class warfare being pushed by the narrative included in this proposed resolution thank you yes ma'am in the back hello my name is marie o'connor excuse me i struggle with public speaking i just found that there would be a discussion on the resolution in support of new mexico's legislation to protect tenants from income discrimination by landlords ms o'connor can you can't wait until that item comes up for discussion because this is typically used for just public participation the reason why the other gentleman before you he didn't specifically ask anything or identify about the resolution he just start talking okay yeah this is my first time i'm not sure how to go if you're if you can wait uh it probably won't be long it'll probably be up here in the next 30 minutes that we'll be discussing okay is that okay okay thank you all right so that was a seventh row anyone on the rick hello my name is rick renaud i was going to speak on 8.3 because i had to leave is that okay okay oh sure go ahead all right uh thank you thank you you just got three minutes though yes okay that's fine uh thank you mr mayor and city council following up on juan's remarks i was a landlord me and my wife i worked at white sands my wife was a teacher we bought a house about 2008 a an investment home the payment was twenty five hundred dollars a month all interest and we couldn't sell it we couldn't sell it for months imagine two months going by five thousand dollars we're the rich landlords that you guys are seemingly or that the resolution you that you may support i'd advise not to support the resolution is because you're hitting small guys my father-in-law in roswell he used to own ten houses five now he owns two so i'm just i i would say please vote no on the resolution because you're hitting the small guys and it does seem punitive that that uh that law the way it's written so thank you okay that was some throw anyone on the eighth row ninth row yes sir put your hand up peter goodman i think maybe so um good morning i am peter goodman uh i'm a journalist in town here i'm not going to speak on that resolution but i will respond to what juan said hope to talk to him more on radio sometime but the in a world where a black family can get a appraisal that's fifty or a hundred thousand dollars higher by not meeting with the appraiser and hiding all their ethnic all their family photos and ethnic literature dealing with racism is still a serious problem but i'm really here to i hope without the same kind of heat as some others discuss the judge ryan's situation technically i think he's probably practicing law without a license in california that would be treated either as a felony or as a misdemeanor now here this situation obviously would not be a felony and probably wouldn't be prosecuted as a misdemeanor personal privilege so again point of personal privilege to ask a legal question sure yes counselor thank you um as mr goodman stands as an alternate judging is this a type of public comment that is since he brought up pending potential pending litigation okay for a employee counselor to be clear what you're asking is because mr goodman acts as an alternate judge to the court uh should he be exposing certain views it could be detrimental to the city or or it's for its employees yes so mayor council members the situation that we have here is that a judge who was appointed not elected to fill a vacant seat is being subjected to public comment now and i believe the issue that has been raised by mr goodman judge goodman if you will is whether or not a possible crime has been committed it seems to me and this is very much a a new issue that it might be something that ought better be fully investigated first because the judge accusing even if judge goodman or mr goodman is not accusing i i've said accused that let me be clear that's kind of a by the way um i don't even know if practicing law without a license is a crime here i haven't looked that up but i think it's pretty clear and you practice in the municipal court that judge ryan would not be allowed to defend anybody or prosecute anybody without being an active member of the bar um pragmatically you know that some of the defense counsel try to appeal on the basis that an alternative judge heard the case what would they do with a guy who's not even an active member of the bar and i don't think you'd go to court or and hang your hat on the difference between elected and appointed i mean if you can only elect certain people i don't think the council would ever be in a position of saying yeah but we're the council so we can appoint people who don't otherwise qualify i don't think you could say that with a straight face [Music] i also um and i judge i i i have seen an email from judge ryan that suggests he didn't even start the process um i don't want to criticize him on the other hand i would certain and you'll have a chance to discuss the whole municipal court situation with judge goldbaum in a week or so but i would certainly have some concerns that he jumped right in at least one of the council members is a lawyer and i'm pretty sure if she were in this situation where she wasn't sure whether she was qualified to do something or there might be any chance somebody would say she wasn't she'd go to the books or call the bar they're easy they're easy to call and and question so i would have concerns at any rate thank you very much and very much like almost everything you folks do i got a question for you peter so in new mexico is it your understanding that the only authority that can remove a judge is this new mexico supreme court certainly for misconduct exactly yeah and there has to be a trial there has to be all kinds of information done so i just wanted to share that with you um but okay i was just curious if you knew the answer but as far as i know uh you're correct on that right thank you okay so that was uh seventh row was there anybody else wishing to speak on anyone on my left left side oh good i appreciate that sir you know that way there i can look at it we can we can do you have your email address on there as well okay good thank you okay now i'm going to start on my right first two rows of staff third row fourth row fifth row sixth row seventh eighth anyone on my right okay that takes care of public participation now i have a closed meeting statement to read excuse me as soon as i find it here it is whilst cruise city council met in closed session at 11 am august 1st 2022 following members were in attendance councillors flores bincomo graham abeda myself kenmi agushima participated via telephone staff president was lisa larocque sustainability coordinator delaila walsh director of las cruces utilities adrianne whitmer las cruces utilities jennifer vega city attorney anastasia stevens outside city attorney or contract attorney akane tamopeo assistant city manager ifo billy city manager leanne demouche director of financial services david sevillo director of public works meeting adjourned at 12 25 p.m for the record las cruces city council met in closed session only discussed those limited items as this stated in the posted notice which was one to discuss pending or threatened litigation regarding the new mexico public regulation commission case number 21-00269-ut in the matter of the application of el paso electric for approval of grid monetization project to implement an advanced metering system which is closed pursuant to nmsa available [Music] which is closed pursuant to nmsa 1978 section 10-15-1 h number seven and the third item was to discuss pending or threatened litigation regarding case number 21-00177-ut concerning the proposed amendments to rule 17.5 440 nmac line extensions which is closed pursuant to nmsa 1978 section 10-15-1 h number seven okay now we're going to go to the acceptance of the agenda i'm going to need a motion in a second please so moved by flores second aveda emotion made by counselor florida second by counselor beta christine this is on the motion to accept the agenda as presented counselor abeda yes councilor graham yes counselor bencomo yes councillor koran yes counselor flotez yes councillor gondara yes and mayor yes okay so first item 8.1 excuse me resolution 23-020 the motion in a second okay emotion made by counselor florida second by counselor karen and dave duncan well good afternoon mayor were you here before yes sir okay that's right one other time that's right okay you're a veteran now yeah uh trying to be can't get it go full screen for me there we go all right good afternoon mayor councillors i'm here to present today two engineering on-call engineering agreements that we put out an rfp for these are going to be for on-call electrical engineering services we put out the rfp in march of this year and from that rfp we received two proposals and these proposals were for you know services such as electrical system designed for buildings booster stations lift stations and odor control stations this selective value committee did review the proposals and they recommended that we award both contracts to both both firms one of which is bohannon and houston and the other is moles and corbin both of las cruces and both of these agreements will be up for four up to four years based on approved budget appropriations and they'll be 500 000 apiece now these are only used for already approved budgeted projects so it's you know that's all it can be used for so the 500 500 000 cap is just for contractual purposes even though all the budget all the pro projects they'll be used on already approved and these are your options and i'll stand for questions thanks steve questions members of the public i'm seeing none christine this is on the motion to approve resolution 23-020 counselor aveda yes councilor graham yes counselor ben como yes councillor quran yes councilor flores yes councillor gandara yes mayor yes okay item 8.2 resolution 23-021 i need a motion a second so move to veda second gun motion made by counselor second by mayor pro tem gander and natalie green will be discussing good afternoon mr mayor members of council natalie green with economic development for the record uh the resolution before you is the adoption of the messiah valley community hope master plan just a little background in 2021 the city hired hewitt zollers in conjunction with arc and real estate advisors to conduct a master plan of the messiah valley community of hope campus its purpose was to assist the city and the alliance agencies in planning for the future campus needs and assess the current conditions and the management relationship between the city and the five alliance agencies the campus is located at 999 west amador the master plan evaluated two distinct phases the first was to understand the current program needs demands and future plans of each of the alliance agencies and the second was to assess the management structure the entity relationships and the structure of the campus operations the existing site is before you building one was constructed in 1994. it used to house hacienda del sol messiah valley community of hope el caldito and st luke's it currently houses el caldito sandwiched between amador health center on both the north and south ends of the building building two was constructed in 2000 for jardin de los ninos and then building three was built in 2005 and expanded out the messiah valley community of hope day shelter services and the casa de peregrinos and then in 2011 we added camp hope hubert zoller performed a facilities condition assessment which is a ratio between the cost of repairs to the building and the current replacement value based on insurance standards and so they determined that the overall campus has a 63.3 percent uh ranking which just basically means that it's it needs some investment because it's near its useful life the condition assessments that they performed there was a number of things that they noted they identified about 26 million dollars in capital improvements that could or should occur over the next five years some of those are hv ac systems ada accessibility parking lot landscaping erosion an additional driveway and we'll get into some of that in a future slide real estate advisors did do an assessment they did a review of how the physical buildings are being used and managed by the non-profits and they also did an assessment of their resources and our resources and then provided some recommendations on future decision-making some of their red recommendations were to dedicate a full-time maintenance staff person to help streamline and build efficiency in the facility process so a single point of contact that was familiar with the campus and the lease responsibilities could handle the day-to-day maintenance and repair and coordinate work orders not only with our staff but with outside vendors they recommended a standardized process for the quarterly anti-donation log submissions and maintenance submissions again with staff transitions and changes within the organization a standardized process is always beneficial recommended that we amend both the master lease and its respective sub leases to account for changes that are occurring on the campus as council may remember there's been some alterations or additions to the campus to include a future expansion of amador health center and then the casa de peregrino's new facility and then camp hope so the subleases would not only identify that new square footage it would also just have a more consistent format this is the conceptual site that they provided to us again this is just a an ultimate build out of the site what it would look like it creates an additional access road it relocates the el caldito soup kitchen which would allow the full expansion of amador health in building one it creates a shared storage many of the nonprofits have connex boxes that they're using around the campus it allows for the relocation or potential renovation of jardin de los ninos it would it demonstrates the the new warehouse in casa de peregrinos it also shows the once casa de peregrinos moves out of building three uh the expansion of community of hope to relieve crowding into that space it demonstrates a construction of a security station it also potentially reorients site entrances and then demonstrates the expansion zone for housing and other compatible uses in terms of next steps uh we are recommending that we amend the master lease to include the new square footage and the new parcels of land that are acquired a part of that would also include an amendment to the planned unit development the pud the zoning so many of the parcels are either industrial residential or have the pud designation so we would just like one consistent zoning we would also like to do a survey and a replat of the campus as part of that pud we would evaluate with the non-profits to prioritize and pursue capital improvements based on the master plan we are also exploring some additional land acquisition opportunities and then we would evaluate and implement the other recommendations within the master plan and with that all stand for questions and there's uh staff from the respective nonprofits and facilities and land management if you have any additional questions thank you natalie yeah mayor pro tem and then councilor graham thank you mayor thank you natalie for the presentation very appreciative of the of this happening i think i've been talking about this for some time um so it's nice to have it right in a format that we could easily read and understand where the issue where the strengths are where the issues are not only in as it relates to the recommendations that you have outlined for us is there a time frame to get and i'm looking more specifically to the changes in the lease and the lesser a lot of dialogue around the agencies not being familiar about who's doing what we're not consistent about maintaining it seems like or it appears i don't know that to be um mr mayor mayor protege i anticipate that master lease coming for sure prior to march 2023 that's when casa de peregrinos will move into their or we anticipate them moving into their new facility so they'll need to have a lease in place so they can occupy the new space so i anticipate those changes coming sooner than later and then the pud and the survey replat staff has already started that process it's a lengthy process but again we anticipate those happening within the next six months and then with the capital improvements the agencies have already met many of their projects are on the cip and the icip and then we are also meeting with our grants office tomorrow to also evaluate some of these capital improvements so natalie more specifically the the changes in the maintenance schedule and utilizing um software to get set you know to to manage that manage that effectively i think those are all very important and i want a time frame i've been talking about this for at least three years i know there's been transition uh folks but this is really important and it behooves us to maintain our facilities at the the best is there someone from facilities willing to tell me what that looks like mr mayor mayor protem i'm going to defer to facilities administrator alex flores mr mayor mayor pretemp good afternoon my name is alex flores um this is actually my first time talking to you as a new welcome service management administrator currently we have been working to get maintenance schedules not only for this facility but for all of them facilities here at the city um especially on this one we're still in the transition hearing new issues coming up trying to resolve those but as far as getting a schedule it's going to take a little bit for me to get to know you know what's been going on but hopefully within the next couple months we should be able to at least get something something going and hopefully start getting those on the cip so they can later on uh be you know receive funding to upgrade those systems that really need the upgrades thank you alex for that do you have any future plans to look at software to assist you in that process and if so is i don't i don't know what sort of software is out there but i imagine there's some very good ones that will help you manage that and so a couple or three months to sort of manage that and come back with an estimate if it's more than i'm sure it's going to be pricey to to purchase well in mr mayor and mayor protem we currently do have the existing software that we use that do have that capability and so we are exploring uh further that software to be able to further utilize it okay all right um [Music] and and so when will you have conversations with the um the leases about the private um natalie you mentioned the priorities like for hvac and other ada issues i mean what what when will we you know staff meet with the leasi to determine what are the priorities moving forward and how will we coordinate our efforts to lobby the legislature for upcoming capital outlay mr mayor mayor portem the city meets with each of the non-profits every year as part of the capital improvement process many of the projects already identified on this list are on our icip list and then some of them are actually moving forward as you'll see in a further resolution as part of the master plan our hope is that we will collaborate with the non-profits to do some of those shared activities like repaving the parking lot some of them that aren't necessarily agency specific but we do coordinate with them on an annual basis to review their their projects and then overall campus projects okay thank you and then my questions are more specific to jardine de los ninos very concerned about you know children and safety some of the the things that i read are concerning to me and those seem a priority like like 9-1-1 we should do something about this immediately are there any efforts currently to speak specifically with dr michelle adams and would it behoove us to look at relocation completely out of that area and what are the thoughts around that mr mayor mayor protest we are looking at two specific options one is to reorient the the entrance and it would have its own space away from the other campus activities although the ideal opportunity is in this square to do a potential new building as a further a resolution to two steps from now i'll i can discuss an opportunity that we have to partner with a developer who would then be able to do the daycare facility and a housing complex and so we are in discussions with them but i'll also defer to michelle if she wants to say anything good afternoon council miss michelle adams and i'm the ceo at jardin de los ninos and i appreciate mayor protam your concerns we do find it concerning at times to be located in our specific location however we do recognize that as a community we're working together to establish the best plan of action i do think that what is being proposed today and the steps that the city is taking to address some of the concerns is already in progress in helping us i do recognize that there are moments throughout the year where [Music] the campus experiences a little more [Music] activity that is sometimes for our children it's difficult to experience but i do recognize that we are also working together as a as a campus to combat and work together to make sure that we're preparing ourselves for the growth that we're seeing because across the campus we're seeing growth we're seeing the needs that we're meeting for the community but also that there are several more that we will be serving down the road and so i do think that we are already making great strides um and i'm really hopeful that we can work together as a community to really look at what the best plan of action is for not only harding because i do think that we are definitely in need of a larger building to be able to serve more children but also recognizing that all of our our entire campus is serving more individuals each month and so our growth is with growth comes you know other things on our campus i do want to commend natalie and her team because they have actually spent a lot of time meeting with us they understand our needs and they actually listen to the needs that we have and i commend all of you because i know many of you have also sat down and listened to some of the concerns that we have some of the needs that we experience ideally a new building where we can expand would benefit our community our dean could benefit more families if we had a larger setting but that's probably going to be a few years down the road so whatever we can do as a community to mitigate some of the immediate concerns that we have i think could really benefit us thank you dr alamos and with that said can you talk to me more of what the priority it talked about fencing security things of that sort sort of shielding the the children from some of those crises that occur um with our unhoused um neighbors is that are those is that the dialogue that you're having very specifically to kind of get tie you over into the new building um we are we haven't specifically talked about some of those that dial blog has not specifically come up but we are we've talked about looking at maybe how we can utilize our back area the i think it's the south side of the building to really uh you know benefit from some of that space that's not being utilized to the playground where the playground is it's actually behind our um we have like a [Music] an outdoor space yes and there is just um unpaved area that could potentially you know expand some space for us but we've had many many discussions of various options because we are landlocked you know we don't really have a lot of space behind us to build out so um that might be challenging sure sure i appreciate that i i just think as we continue to provide a safe space for our children that that for me is number one priority is addressing the safety and the security with fencing and cameras i know i've read a lot of a lot i read it all so i made some a lot of notes here and i'll leave it to you dr alames to have those conversations with natalie i would like and i'd recommend i'd like to hear a quarterly report back about where we are at with the maintenance and the programming and having one or two select maintenance people out there specifically so they understand you know from one month to another what the maintenance is and the schedule is it would be appropriate thank you mayor thank you thank you we have councilor graham and then councilor flores thank you mayor thank you natalie and everyone who put so much work into bringing this master plan before us and presenting and i just want to say you know obviously we're discussing one of the biggest challenges we're facing as a city and i think the very the very good rallying cry is okay what are you doing what are the solutions um here are some of the solutions that work and here are some of the solutions in the making and i recognize that the wheels of bureaucracy turn so so slowly but they are turning and it's really great to see the plans for the future the primary question i had i think has sort of been brought out in the discussion with mayor pro tem and that is we can jump back to slide 10 please natalie the how we are funding all of this and mayor pro-tem brought up state appropriations you were talking about grant possibilities natalie i know a lot of the partners at community hope community of hope has had amazing success at bringing in grant funding the bezos foundation i believe kudos director martinez i see you out there i think the concern is again understandably oh is this just going to be completely funded by the city and that sounds like no but natalie if you could just give us a little more detail about the variety of funding sources mr mayor councillor graham so most of the improvements to the campus have been funded through capital outlay or through grants that the non-profits have gone after there's two upcoming projects those projects are going after capital outlay projects the amador health expansion which is a pamela angel's project used i believe two or three different capital outlay projects and then they were also very lucky to get a hersa arpa grant and so many of the the nonprofits have also used cdbg uh funding so uh facility improvement projects are are also a way to fund these uh through our cdbg program uh but most of the improvements have been agency-led and so with this master plan it gives us the opportunity to not only do agency-led projects but also lead as a city in what we need for the overall campus okay great thank you so it sounds like the entire collage federal state city foundational okay wonderful thank you that's all i had mayor thank you thank you councillor flores i actually have a question for dr adamus first of all thank you very much dr adamus for the wonderful work you do for our children how many is there a waiting list for children to be cared for thank you councillor flotus thank you mayor and the rest of the council yes at the moment unfortunately we are at full capacity so what that means is we do have children that are on a wait list um and we serve them at this moment very of the various programming that is not necessarily within the building so if we have programs that for example our anti-hunger and wellness program that is a program where we send food boxes to our children and their families that's a program that can we can serve children that are not necessarily on site our infant mental health program we try to work in collaboration with our partners at fyi plus to provide telehealth for some of those children but in the actual building because we are a five-star early childhood program our teacher-to-child ratio is smaller so we need more classrooms for smaller ratios so essentially because of that we are full capacity and unable to to serve in particular we have a huge need for our three-year-olds we are one of few early pre-k programs within a 10-mile radius of community of hope campus so therefore we have a large need to fill that particular age group in servicing those children how many excuse me how many children do you have so our classroom allows for us to have eight children in that classroom and we have about a classroom and a half so about a little over 10 children on the wait list at the moment how many children do you have in the entire program yes we have enrolled and of course because of the high mobility it's a snapshot but enrolled as of i believe last week we had about 60 children 60. you had 60 children it's not a very big space i've been there several times but thank you so much dr adonis i did have another question so the children you say there's high mobility what do you mean by that what do you mean by that so a family could be enrolled in our program for approximately three months and then they might not be there for a month and a half they may come back we may get new families in so the snapshot is usually on a monthly basis because we do have children whose families might be under high mobility circumstances where they might be living they may fall under our near homeless designation where they may be with us at one point and then they may move outside county limits they might be living in hatch they might come back to las cruces proper it just really depends on the makeup of the family and what the circumstances are do you do any follow-up or are you able to do any follow-up with the children who are high mobility we do and we often reach out to the families to see if they are if and when they're ready to come back or if we can help them to find another location that's closer to wherever they might be residing so if a family does leave and disenroll from jardine and maybe they end up in chaparral or in hatch then we'll work with our partners to try to support them so that they're not left without child child care and early learning opportunities given that you you're one of the few mental health providers actually for children in the state in the child care setting do you work with the entire family so our infant mental health program does focus on the entire family we do partner with our community partners like such as amador health center fyi plus who we actually contract all of our therapists through and they actually provide the services in-house at hardeen or at fyi plus or via telehealth great well i just have to thank you from the bottom of my heart for doing this wonderful service and i um and it's open to a different strata a socio-economic strata of of our population absolutely yes um our zero to three program is primarily children and families who are in the extremely low poverty level level our early pre-k and pre-k program is open to all children because it is doing our funding comes through new mexico pre-k and then our school age classroom is going to be children from k-12 grades and those children are often families that can receive the early childhood education and care department subsidy program as well as we support them through all of our other programming that's available and how are how old is the youngest or are the youngest what is the age span so our licensing allows us to serve children from the ages of six weeks to ten years on site great thank you so much again dr adamus thank you good to see you thank you thank you mr mayor thank you counselor como thanks mayor dan thank you so much natalie and obviously i you know i want to extend a huge gratitude to all the agencies on the campus for all of the work that you do it's um it's incredible and we're very lucky to have you in our community um i just have a couple questions natalie one mostly under jardin de los ninos there are um some condition and concerns that were listed out that i feel like are not necessarily these big ticket items right things that are going to take a lot of time huge infrastructure needs they're things like hvac controls are problematic and it's unclear which thermostats control which building some trees need landscaped so they you know they um are hazardous to the children there are some leaks right like there are some things that i feel like um are more minor even though i'm sure they don't feel minor to the staff that is there a plan to address those soon quickly mr mayor councillor bancomo some of those issues are already being addressed i'm not sure if public works wants to speak to any of those but i know that hvac controls they've been going out regularly and working with johnson controls to fix that stuff as part of the licensing requirements that dr namas has she regularly reports some of the issues so we make sure that we're very responsive especially when those licensing visits are going to come out but we'll continue to work with them on those our facilities and project management staff does meet with the alliance agencies every other month and so we go over some of those issues and we'll make sure that that's being reported back to you all okay great thank you for that i imagine if johnson control keeps their facilities as cold as this one that they're all freezing so and then just lastly my other question natalie is have the non-profits on campus is there sort of a consensus around priorities and and what should be sort of going after first what's like the you know the top of the list and then sort of i know it's all important but i'm curious if there has been those discussions uh mr mayor councillor ben cuomo as part of the cip process they do have to prioritize their cip projects and let us know every year which one are their top priorities and so they do on the alternate months that they don't meet with city staff they meet with each other and so i do know that they have regular alliance meetings and go over some of those items okay thank you natalie i appreciate it and thanks to all of you that are here from the staff i'm looking forward to my visit tomorrow at the amador health center okay thank you no further comments from council about members of the public do they have any questions lorenzo you want to come forward please good afternoon mayor and city council my name is lorenzo alva i'm the executive director at casa peregrinos when we were looking at this master plan we had this community in mind not just the campus just so that you know that we had people in mind human beings what we were looking at we wanted to make part of the community of hope and it made it easy for us to think about people instead of buildings instead of added infrastructure but we were actually thinking about human beings what we were trying to figure out what would be good for us and for this campus no we were talking about what would be good for this community those were the priorities that we took when we looked at everything and then the programming i think it's really important that we go ahead and adopt this and begin to move forward casa peregrinos has already got on your cip less add infrastructure to it our goal is to begin to really beautify the campus which should have been done a long time ago but that's neither here nor there you know some decisions that were made in the past aren't important anymore but this one is super important you can take full advantage of all the hard work of ngos that are right there on the campus really trying to support this community at the very heart of the problem here which is poverty you've already made decisions internally on how you want to begin to eradicate this issue in our community not an easy thing to take on but it does begin in a community like like this it begins locally we start doing the work locally other leaders will take notice like state leaders and the delegation in washington and other communities will take note but it has to begin here and you begin that work already you've entrusted us with some pretty important responsibilities and i think we've all really come through for you above and beyond everything we are definitely the best bang for your buck and what you're getting out of us it's important to us that we move forward on this plan just because we all are excited about the work we can do we know that this isn't a casa peregrinos project or a community of hope project or a jardin de los nino's project this is a community project city of las cruces project it's to serve the entire community only good things will come out of this and then you may not see the immediate picture but in the long run we're going to be a better better city for it improving the quality of life for citizens here and for the people of this community more importantly i do want to thank you for allowing me to speak in support of the master plan it took a lot of work on behalf of all of us and we made some pretty important decisions and we're beginning to move forward on some of those things thank you so much and if you have any questions for me i'm glad to answer them okay i have just one comment if you or not free lauren's on do you want can you put the screen back up natalie right there so and this is totally i just want to just throw this out here we're on the on my left where it says potential expansion area and near the armijo lateral established expansion zone to provide opportunities for compatible uses just something to think about you know sometimes we it's so hard to judge our weather nowadays that i don't know if we've even looked at getting one of those when it gets extremely cold i remember there was a time when it got extremely cold here and we were scrambling to help those in need to provide some type of shelter but i wonder if we could take a look at a one of those alaska structure type tents if we need to just during that particular time to provide some shelter for for our homeless who don't who are out on the street and um you know that would i think it'd be better than being out in the elements so that was all i was just gonna throw that out there i think it i i would like to in the next month or two have a work session so that we can just devote it only to this so that the not only members of the council but members of the public can see all the moving parts and all the hard work that our ngos do and provide because i'm very supportive of this i i believe that this is where we need to focus all of our our investment in and and do our best to make this the best campus in in in the area in the region so okay all right so nothing further christine this is on the motion to approve resolution 23-021 councilor beta yes counselor graham yes counselor bencomo yes counselor kran yes counselor flotus yes counselor gandada yes mayor yes okay item 8.3 resolution 23-022 i need a motion second so move to aveda second second motion made by council beta second by councillor flores ruiz will be presenting good afternoon mr mayor members of city council my name is sergio ruiz policy analyst for the record and today i'll be presenting on landlord income discriminate a resolution on the landlord income discrimination of tenants the discrimination part of it is a source of income of discrimination contributes to the perpetuation of racially segregated communities and neighborhoods with concentrated poverty it is an unlawful discriminatory practice to deny directly or indirectly any individuals the full and equal enjoyment of housing including the rental of a dwelling services facilities and privileges based on their source of income landlord obligations a landlord may not retaliate against a tenant for exercise in tenant rights the landlord must keep the unit in a habitable condition by complying with housing cults materially affecting health and safety aggressively investigate and prosecute landlords who refuse to rent attendance legislative action the legislation and municipal ordinances need to be established that would prohibit landlords from discriminating against tenants based upon their economic status the legislation shall prohibit discrimination against tenants who are recipients of social security income disabled veterans or recipients of section 8 housing vouchers housing agencies advocates and enforcement agencies should play a key role in ongoing repeated communication about the law's requirements to landlords and tenants and with that alibi city council options and any questions that you may have so here i'm going to ask you a few questions and i'm going to go to my my colleagues here so i i take it that this was brought up in the housing prc uh i mean i guess i know i wasn't here last council meeting when the agenda was made but i presume this went through the housing prc mr mayor it did not go through the house in pa uh prc sir i'll get to you in just a little bit yeah okay it was proposed to go through the housing prc however um the um the council member that uh that um initiated this uh this resolution decided to bring it to city council instead i'm sorry can you repeat what you just said the it was initially uh proposed to go to house in prc but the city council member decided to bring it to city council instead so it hasn't gone to the house it did not it did not go to city uh to house and prc okay the reason why i say that is um and these are just my own comments here but i will say that first off and i have to i'll let brad work on this while i'm just saying some of the things that i have some questions on so there's uh when state law because i take it this would be used to be sent to the state legislature correct so when state law conflicts with federal guidelines because the federal guidelines do i mean you can't discriminate but you are allowed to ask for their ability to pay and and so i think it's called the supremacy clause and i don't know if brad wants to look into that because because when when one contradicts the other this is the federal government you know um overseas just like when we ca like when there's been a time where they say hey you can't ban uh panhandling well the government says that's not constitutional so you know even though we may try to pass something here so i i'm sure brad will look into that but what i'm trying to get at is this now me personally i will say i you know i support uh in fact during covid i think the ones who were able to come up with their a lot easier were those that were on certain benefits i mean it was automatic with them getting social security disability veterans benefits section 8. but what my question is is a lot of these that are in here already exist in the new mexico landlord tenant law i mean they they do but what my question is is what if someone has let's say they're receiving social security but it's not enough to make the rent then it puts everything in the quandary because it says well you can't you can't use that as a means of income but let's say we are let's say that the person is but they don't have enough then then they're going to say well you go before who would you take you know i guess this would be a state law but i guess what i'm trying to say is there's just a lot of ambiguity in this and i i was just wondering how this came about but i think you answered that it did not go to the housing prc which typically uh resolutions do go to pr you know the various prcs for vetting so that other council members can see it but you're saying it went that one council member just had you i guess draw this up they had mr mayors they had me work on this do some research on the on the topic and bring it to you okay i i appreciate that um yeah i i think this is something where i'll let my colleagues make their comments and then um members of the public but there's i i understand the intent but um you know i think it's also important that it be um you know vetted properly and a lot of these things it's i don't think they they mesh well so anyways i'll just let my colleagues speak councillor flores thank you thank you mayor and thank you mr reece for presenting this i believe that the having a a resolution like this go up to the state legislature i would advance the concept or i should say the practice of landlords discriminating against people who are recipients of benefits because that that does exist and it would really be up to the state legislature to enact this and while it's true that federal the federal housing act protects buyers and renters of housing from discrimination excuse me there's no protection there's no protection on the source of income and that's what this is addressing and this was discussed in the housing prc and i believe that attorney vega brown was present during those discussions so it would definitely be as as written and presented i don't think it there's any my humble opinion well my opinion is that there's really no conflict and any resolution that would be submitted to the state legislature with the request that it be considered for legislation would necessarily have to look at all the language and and some of this may or may not be consistent with a fair housing act the federal fair housing act but the people of new mexico need protections especially since a vast majority of the people who live here are recipients of the benefits that are enumerated in this resolution and perhaps brad our acting city attorney can comment on that but i really don't see how how this would be in any way premature and i think this is really quite clear that legislation municipal ordinances need to be established that would prohibit landlords from discriminating against tenants based upon their economic status and that's the gist of it mr attorney thank you mr mayor council if i may to to address a few of the things that have been spoken about with regard to federal law and state law or municipal law that we deal with the mayor is correct in in one sense certainly that any time there is a federal statute and a state statute directly on point to conflict with one another the supremacy clause would take effect and the federal statute would preempt that state laws as you know counselor however in the case of protected class protected classes is no small deal to create a new protected class and i know that the council is aware of that and is considering that with regard to creating a new protected class as councillor flores has eloquently stated already what we would be doing here today would be a resolution it would be up to our state legislature and their staff attorneys to review the legality of a new protected class and it's my understanding correct me if i'm wrong that the resolution as it currently stands if it were adopted by our legislature without any changes would not necessarily make economic status a protected class but rather more narrowly sources of income could not be discriminated against such as child support alimony a section 8 voucher veterans benefits and so on is that correct counselor you're absolutely correct thank you thank you and thank you brad for that and council flores what i was trying to get to be more specific is how would one how would this be handled if let's say a recipient receives twelve hundred and fifty dollars a month from social security but rent is a thousand dollars a month i understand uh your question uh mr mayor but that isn't the question that isn't what is the solution here it's a question of someone receiving say uh whatever amount a person receives on social security or you know any other maybe a veteran it would be a question of the landlord specifically saying i need to see a paycheck i need to see how you're paying me that's the intent and that's the purpose of this resolution because what happens is that this is what happens what happens is that a landlord may just decide that a landlord landlady may decide that they really don't want a certain kind of people you know they don't want those people um and they can arbitrarily say i'm not going to accept and they have and this has been discussed in our policy review committee on housing that the minute they they learn that the source of income is social security or disability social security disability or retirement income they deny they deny that person irrespective of the amount of the rent so i think that someone who has a source of income that has been stated here would not try to uh rent a house or an apartment that is above their income level and um and and that's that it wouldn't be it wouldn't be that you know someone sees a house for say two thousand dollars a month would and has a twelve hundred dollar income would even bother to to apply for that and on that basis the the the on the bait on the basis of the the income level the landlord would be able to say well you you don't have the money to qualify or to pay me the rent so and it wouldn't be based on the the source of income and that's what the intent of this is i think it's well stated [Music] and and did i make that clear no i'm sorry if you let me finish my example oh so that's okay so let's say i thought you said it before please interject here as chair of the housing prc i'd like to say a couple things before this gets any more convoluted go ahead counselor thank you um again as the chair of the housing prc i was approached by councillor flores about this type of resolution sending something to the state legislature to support some sort of tenant landlord protections i initially i said yes of course but not until it made more sense to do so like december january since we all know there is no state legislature currently at the moment that is meeting um and discussing some of these issues however there we are absolutely talking about source of income discrimination policy in our housing prc we are working with legal to draft off an ordinance so folks here are interested which i imagine many of you are in providing feedback for that you may absolutely do so our hope is that my hope is that when that ordinance is ready it will come to city council for a work session and then to city council for a full vote now the city of albuquerque just did this the city of santa fe is considering doing this as well and so this isn't out of the realm of possibility and i think it's important that we recognize that resolutions like this the truth is they have no teeth right they're symbolic in many ways and telling the state legislature how they should vote or or not vote which we have done in the past and so i just wanted to clarify that mayor that there will be an opportunity soon for the entire council to discuss what this means a lot of the questions that you are asking hopefully by experts in the field in a work session that is the process we are moving through for an actual ordinance that's moving through the prc and not this resolution okay so if i may ask you a question uh so counselor florida so if i if an applicant makes 1250 a month on social security but the rent is a thousand dollars right and they get turned down because they don't have enough the landlord doesn't feel that they can afford that then they come to you and say you know what i just got discriminated because they don't want to i i make more than what the rent is how are we going to handle that well first of all someone wouldn't come to me but if they were to say they did if someone who's denied they're going to say because you voted for that so i figured you want you you know well that that's with all due respect um mr mayor i you know i don't think that i i i know what you're trying to get at as you say let me this is what i'm trying to your your words are always this is trying what i'm trying to get at what i've stated is that someone who is say getting a 1200 check from social security disability or other governmental assistance and the landlord says well you're not going to be able to meet the payment because you don't have um you know that would just be a matter for the courts to decide whether there was any intent based on what the but and not a judge and um it's possible that a court would say exactly what i think the point you're trying to make or trying to get at as you say that a judge would say well yes you have twelve hundred dollars the rent is one hundred uh one thousand dollars how are you going to pay for the utilities and everything you know renters insurance um and that's or you know food and all that sort of stuff so um it would be a fine line uh without a doubt and it would be something i would have to be weighed by the trier effect um but just generally i think having this this kind of language either in a resolution to go to the state legislature to entertain or to consider this sort of this sort of a statute there aren't protections today as we know them and that would be up to state legislature to design it and then as councilor bencomo has stated we have been working in fact we've been working on this since i first joined the city council back in and this is 2022. so as councilor graham stated the wheels of government turn slowly and and while it may be symbolic it's definitely something that's very very important and i just can't um i mean i we'd have to and so i this is very important and i think that this is the first step in the right direction and and we'll come up with hopefully an ordinance before i leave city council in 3.5 years i'm not counting but less than 3.5 years so thank you again mr ruiz for putting this together i appreciate it very much and thank you mr mayor i i will say i find it incredulous that no one counts i mean that is you couldn't get asked for anything better it's automatic social security payments or disability insurance payments disability payments that's automatic section 8 it's automatic i find that incredulous that a landlord would say i'm not going to count that you want that that's what you you can't decide if the person doesn't get a job the next month but if you have this automatically coming in and i i think it could have been a select few that that may have happened to regardless but anyways i appreciate it mr mayor with all due respect the practice is prevalent and um we have studied this approach this for at least my tenure of you know over four years on city council five years so um it does happen and um and we need people like because again the recipients of those vouchers and and social security income disabled veterans um there's discrimination out there and and and as we all know or should know the majority of our veterans who have been disabled and and um and all that are minorities i mean most of the i know very well that most of the combat the the frontliners as they're called in vietnam the majority were blacks and mexicans or excuse me latinos so uh or you know of hispanic origin so um i just i just want to say that it's been a yeah i think that we can go on and on but thank you so i is it fair to say you have testimony from people who came to the to the uh prc committees and and you have the you know the list of some names i don't we didn't have testimony your honor we we do not have proceedings such as taking testimony but we did have presentations of practices in throughout the state because we during our prc's we do have people throughout the state who are very much concerned about housing so it isn't testimony but they are facts and um as presented thank you okay we have councillor beta and councilman cuomo thank you mayor uh and thank you mr ruiz uh for this presentation and thank you to the sponsor for bringing this up i know i think all of us are concerned about um housing and making sure that there are fair practices with everything um i was not aware that this hadn't gone through a prc i know that we've been trying to kind of work with our this new system and the new function with the prcs with that so uh i i do understand uh resolutions are mostly um symbolic you know we are advocating here and calling for our legislature to look and develop these uh reform laws um and so it does seem appropriate that this would go through the prc perhaps and then if there is an ordinance that is being developed then and i would if we're hopeful that we're doing things fast so that we can get this done through your tenure we can maybe add some of those specifics to the resolution and lay it out right before january so with that in mind i don't know if it would be appropriate to table this type of item for it to go through that process and procedure and maybe be able to get more input from you know from the the residents and from other interests to kind of piece a collaborative uh statement to send forth okay council if you were going to make that motion if we could wait until council has their say and then maybe i think there's members of the public who are here to speak absolutely thank you mm-hmm if i just have council been coming i think we are not having a very responsible discussion about this given that um i won't repeat my earlier statements but given that we are not having an opportunity to this language on here some of it is not in the ordinance some of the language about aggressive punitive measures in fact we have a lengthy discussions about how do we work with landlords and landlord mitigation funds and we want more landlords to be open to this process now why i say we don't we're not having a responsible discussion on this is because we have not brought this through a work session where the public can fully see and understand there's a lot of misinformation i heard it already from some of the folks that came to public comment this discussion frankly um was also not appropriate and so i think that because we all care about these things that we allow the process to unfold we will get it through the prc soon we are working with legal we're working with staff which i might add staff is the uh the way that we hear testimony through them there's housing staff here at the city who every single day are talking to folks in our community who are experiencing discrimination on many types of basis but certainly on income discrimination that is absolutely happening in our community and i think it's important i would welcome a second i think that we allow the process to unfold through the prc because i want us to have an open dialogue where members of the community get to see exactly what is in the ordinance because again i think a lot of what was presented here today a lot of what i heard here today was a lot of misinformation i want the the not only the public to understand but all of you um on the council to fully understand what this ordinance is intended to do mayor thank you yes councilor flores um with all due respect uh counselor ben como the reason i was a counselor who approached mr reese to proceed on this is because there's been a lot of stalling a lot of railroading and a lot of just things that just aren't getting done that we should get done now if this is something that wasn't clear i did i did run it by you you didn't say no i ran it by the other prc member mayor potem gandara and a resolution is exactly that you stated it beautifully in your email to me it's symbolic but a lot of our resolutions do get enacted eventually by the state legislature not just because we sent it up the city of las cruces but because other cities throughout the state are working on the same issue so um yes we can you know if you tend to be the to my fellow counselors if you intend to be here another five years and find out in five years that nothing was done be my guest but after sitting for five years on that prc and nothing getting done i felt that it was imperative that we have this and i think that it's important to have a discussion whether we agree or disagree this is a very important topic otherwise i wouldn't have wasted my time or the time of our policy analyst who did a great job and if i may clarify this is a resolution it is not an ordinance legal would have to come up with the resolution with the ordinance legal would have to cover the points that brad covered our acting city attorney here today we are not a legislative body per se we become a legislative body when we vote on something that our city attorney has drafted and and everything that's come out of the city attorney's office has been stellar i mean it's just a dynamite and there have been again there have been a lot of delays i don't know why in our housing prc and yes i agree with councillor stevie that excuse me beta that this should that should have gone through the prc but it has gone through the prc for time immemorial if people don't want to vote on it that's their prerogative but i think people have to understand that things do not have to move as slowly as they do if we would be dedicated and zeroed in on what we're doing here as city councillors thank you very much mr mayor you're welcome i just have to share one more thing and then we'll go to the members of the public i can't speak for the others but i will tell you this i think i wish every house that was available for rent was conformed to what section 8 wants you to have it's very popular they require you to have i know it sounds silly but the windows have all of them have to work the door everything and i think some landlords might want not want to fix it so they all they have to do is just not fix it and then they disqualify it so i'm just sharing with you that there are there's there's always something that's going on but nonetheless let's just go to the members of the public okay all right so how many of you are here to speak on this issue i i know this gentleman here i'm gonna let him go first because he's been waiting but keep your hands up please we've got one two three four five six seven nine ten let's go three minutes each so sir if you want to come forward and then the rest of you just will just start since you all are pretty much in line i'll just go row by row just need to state your name sir and thank you for waiting for welcome mr mayor my name is michael potts and uh lexted came here to talk just a little bit about this resolution and one of the things that i noticed when i first read it is it says whereas it's unlawful discriminatory discriminatory practice to deny directly or indirectly an individual a full integral enjoyment of housing including the rental of a dwelling services facilities and privileges based on the sorts of income of the individual i wasn't able to find that in any of the state statutes anywhere i don't know where it was mr s might have an idea where i can locate that in regards to that i just ask you to look at what i gave you information wise and stuff that talks about the fair housing act that's implemented in 1988 it's also called the title eight of the civil rights act of 68. that's federal legislation that protects individuals and families from discrimination in the sale rental financing or advertising of the housing it also goes in and tells you that the fair housing act provides buyers and renters the housing from discrimination by sellers landlords or financial institutions and makes it unlawful for those entities to refuse to rent sell or provide financing for dwelling based on factors other than an individual's financial resources it says this is that's what the act says if you turn the page over you'll see that last year there was h.r 68 which is a bill was passed and it authorizes funds to prevent housing discrimination to the use of nationwide testing which follows to hud to the housing and urban development and the secretary of housing and urban development is supposed to detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain a refinance their home mortgage loan or and measures patterns of adverse treatment because of race color religion sex familiar status disability status or national origin renters says nothing about your income or financial resources this belongs to hud and i'm afraid that it might be just better for you to turn around and table this and rediscuss it within yourself and stuff come up with something else that you're not going to be in conflict with hud about what you're doing this is congressional bills and laws that you're not paying attention to and you've had citizens like myself have to come up here all time and educate you about what you need to know so this is rules and regulations federal rules regulations it has nothing to do with an individual's financial resources thank you mr mayor may i ask a question of brad of brad brad brad when there's federal legislation such as title eight title vii title one title ix anything under the civil rights act what is the judicial jurisdiction for for such matters with regard to protected classes specifically is that what you're asking regarding the civil rights act of well all of the civil rights act 1964 etc so if i'm understanding your question counselor you'd like to know when there is a question involving any violation of the civil rights act where does jurisdiction properly lie correct well that would be a federal question that's right and that's the question here we have people who are in state court and uh would be able to perhaps even go to municipal court instead of going to the federal jurisdiction process and that's why so long as the law is consistent the law is consistent with the federal statutes there's no reason for a municipality or a state to have that law it would be a better access to the resolution in a judicial setting thank you brad and thank you mr mayor okay so that was second row third row anyone yes ma'am i just need you to state your name please stacy aguirre mr mayor mayor pro tem and councilwoman and councilman i can't see your names because i don't have my glasses on i'm not a polished professional speaker and in fact i'm very nervous up here i this whole thing is very confusing to me as a first-time property owner i own some apartments that i completely gutted rehabbed the deed goes all the way back to 1988 1888 excuse me and i think you used councilman flores as an example that obviously my intent was to create value and return on my investment hopefully one day when i decide to sell them but if i can't establish that a person in a reverse example to mr mayors if i'm asking a thousand dollars for an apartment somebody comes to me and says i can only pay 600 and i'm not able to qualify them i can't look i can't ask them for their paychecks in other words i'm not sure they're going to care for my for my home the way that they would care for their house and i'm probably not seeing this appropriately but it scares me that you know i i cannot qualify a tenant i have to qualify my tenants i have to make sure they have a job i have to make sure they have good credit i have to make sure they have good landlord references and i just don't understand this whole thing where it's coming from where it's going so i maybe should wait for clarification i don't know um i just i just don't know where this is coming from and where it's going i guess it is ambiguous and vague to me so i don't know if there's going to be anybody wants to say anything further about that or that's it stacey the way i understand it the way this resolution is wanting to want the legislature to act is um apparently there are some who like just take your example if someone was to come to you if i came to you and said well i have i have social security and i have uh i have a section 8 voucher and i easily qualify to rent an apartment from you and you say i'm not going to take that i'm not going to take section 8 and i'm not going to take your social security no i find that hard to believe but apparently it happens that's why i wanted to know who you know who has said that this has happened because gosh i mean that is that's automatic you i don't know about you but that's great to have no no that's not what i'm saying i'm just saying i would like to know if they do yeah if section 8 hut i understand all that disabilities i understand all that i don't discriminate against anything i just want to make sure that my tenant has enough to pay the rent it has enough to pay their get their food you know to pay the utilities things like that so that's my concern okay thank you i'll sponsor mayor and councilman i just got off the uh the roof when they i heard that this is coming through i wasn't sure what it was totally about but i do see a problem with uh any kind of resolution or anything so isr for interrupting can you state i think you said your name but can you state your name yeah one of the problems that we're having right now is actually rentals i mean i've got three or four people right now that are looking for houses and they're just not there so my wife being a realtor she ex-realtor now she just hung her license this year but she still called her realtor friends and said we got three friends and need housing and so i started calling all my contacts and the problem we're having right now is that with so many problems with resolutions in ordinances and regulations and everything everybody's turning to airbnb so how is this going to affect us in the future if you put this kind of stuff together even statewide are we going to have less rentals i mean right now we're having the same problem i know that i sold all my rentals because i just quit i just i was having a hard time with it and i and my wife and i most of our whole life we did affordable housing and so at this point we're just kind of just staying away from everything so we got to address how we're gonna how we're gonna take care of individuals because i mean houses are just way up there you can't sell them so rentals how are we the city at the same time how are we going to is that going to affect more our rental problems that's what my concern is at this point thank you thank you sounds like it's raining okay that was the fourth row anyone in the fifth row yes this gentleman here and this lady good afternoon kevin cardoza mayor thank you very much for for the invitation to speak um the members of council thank you very much for having this discussion uh representative benkomo we want to i want to thank you for extending the invitation for the public to participate in the discussion of drafting this resolution and uh and on behalf of the las cruces association of realtors and the home builders we would very much like to participate in the process of addressing this issue we know that this is a common concern across the city and different organizations and that is housing affordability so we're trying to find a good solution that will work for both the tenant and also the landlords we understand that government alone will not be able to solve the problem and also private sector alone will not be able to will not be able to solve the problem so we would like to work with you all as solutions are drafted and there are a couple of things that that we that we have been discussing like for example we strongly believe that we're doing a disservice to uh section 8 voucher recipients because we need to advocate on their behalf for their vouchers to be adjusted to current market rates i believe the last adjustment was in 2015. you know and market the market has shifted quite a bit since 2015. so that's part of the problem that we have to address as we're as we're approaching to solve this issue the other part is that as as you as you've stated from a political strategic standpoint it would be far more useful if we put a resolution as a community and not just a city a resolution towards december closer to the beginning of the legislative session and allow that time for both the public and private sector to come together and draft the legislative proposal and send to state because as you may know you've i've only been here for 16 years but in those 16 years what i've learned is that what may be good for albuquerque or las cruces may not necessarily be good i'm sorry what may be good for santa fe and albuquerque may not necessarily be good for las cruces so from uh from a standpoint of the private sector we very much want to find those solutions as well we look forward to working with you guys there are different programs that we would like to take a look at for example mimicking the low income housing tax credit program to benefit the uh voucher recipients and others and other folks that are under protected categories and like i said thank you very much for extending that we strongly support uh tabling this issue and we look forward to working with you guys mr mayor i just wanted to add really quickly that there is a member of the home builders association represented on the housing prc thank you and we'll we'll work with you all as we continue to move forward thank you very much appreciate it thank you thank you next speaker all right good afternoon thank you mr mayor and thank you council members my name is kent simpson i'm also a realtor but the reason that i'm here today is i want to offer to the city council to the prc to the city of las cruces the realtors support and access to the programs and grants that we have that deal with fair housing that deal with housing affordability that deal with housing availability this organization national association of realtors is massive we've got 1.6 million members right now that fluctuates on a monthly and market by market basis but what we have at our fingertips are the best practices case studies what to do what not to do what's been successful and what's been a failure we can learn from other people's failures i want to work with the city and let you have the access to the same information we have at our fingertips we have grants available to teach and educate the public the council because you can't be experts on everything as well as our own members landlords we can create these meetings we can have speakers come in we can bring data sets so when you're thinking about issues having to do with housing please remember reach out to us because we've got a lot of resources that you may not have at your fingertips the prc can reach out to us and we may be able to even fund our own particular research just for las cruces tap into us utilize us together we create a healthier community and when housing is affordable and housing is available to a community it's a better community now kevin who spoke before me mentioned that some of these housing voucher programs have not been updated they really need to be so if you're going to send a resolution to the state legislature i would ask that you include in that resolution that the state an urge that our legislature speak to washington and urge those federal programs to update their vouchers to today's economy thank you for your time thank you mr simpson thank you mr mayor and counselors thank you for letting us speak my name is dolores dimers i'm a realtor and i have been managing properties for others for about 12 years i have a lot of experience with qualifying tenants and it's imperative when you're a property manager managing properties for investor owners to try to do the best for what the owners need you do not put tenants in a house that are that can't pay the rent that is just very very bad you want to make sure that the tenants are able to pay their rent and utilities groceries insurance medical bills car payments it goes on and on and on and so i'm not aware excuse me i talked to a lot of other property managers weekly i cannot imagine any property manager that i know who would purposely discriminate discriminate against someone collecting benefits if they qualify for the house they're probably going to be a good tenant now in regards to people who are on section 8 housing the messiah valley public housing authority needs to get his financial house in order as well that agency has a lot of turnover i've had a lot of tenants who are on housing and sometimes i will get notices from housing that say oh you've over overpaid and i have to do the audit for them and and prove to them that i have not been overpaid what was paid to me for my owners was the exact amount that was owed you know i shouldn't be doing their financial work for them i don't get paid to do their bookkeeping for them i have a tenant right now she was with me like for four years in one house then she separated went to another house with a different owner and then she came back she was always a good tenant right now her situation with housing is so topsy-turvy they don't know what their rules are and she's been through like five caseworkers in a period of 14 months so the problem is much more nuanced than someone saying oh i was discriminated against there is a problem with a lot of low-income people in this community we do need an expanded economy here so that people can start making money and being able to pay their rent and all their other bills but uh it's it's much more nuanced than oh people who are veterans or whatever are not getting housing thank you thank you mr mears okay that was one fifth row anyone else on that row okay sixth row seventh row okay yes man and if you can restate your name again please i'm sorry i didn't hear it the first time thank you um sorry i'm trying to compose myself it's difficult for me as i said before hello my name is marie o'connor first of all i want to thank all of you for the opportunity to speak and discuss this matter and sharing our story i am currently taking care of my mother full time now she suffers with dementia life can do you i handle cards is not always what you expect we seem to have a streak of bad luck and although we are extremely grateful and blessed it has been very difficult and stressful to get back on our feet we are not asking for a free meal ticket but simply asking that it not be so difficult to find a place to live in our hometown under our circumstances this has put us in such a distressing state and it shouldn't be this difficult for people like us to find a home and better our situation we just need an opportunity we don't want to live in fear of being homeless my mom was in a situation where somebody took advantage of her financially and her credit is no longer up to par and we've tried to find places to live but are denied because of that we have money we just don't have a good credit score sorry excuse me trying to gather my thoughts um it's not that we don't have the money the money is there it's just that they're not allowing us to you know fulfill these expectations it shouldn't be this difficult for people to find somewhere to live in this town and we i've grown up here this is my home my house my mom will should we move to another state she doesn't want to this is where her family is and i want to take care of my mom and do the best that i can for her and i'm just under a lot of stress trying to just deal with everyday life and get through all of this and it's been difficult and i just don't know where to go and who to ask and it just everyone sends me here and there and i'm just so confused about everything and i'm just trying my best it shouldn't be this hard to live and i know wonder through the last few years it's been difficult for everybody group it really took a toll on us we're just trying to survive it shouldn't be this hard we want to live just like everyone else and we're not asking for a grand place you know when we're not looking for a place that's a thousand dollars we're looking for 500 600 apartment apartments and two bedrooms something decent you know it shouldn't be this hard thank you for your time and i appreciate that you are listening to us in our story i'm glad i'm able to talk and share this with you and i know it's difficult for me to speak i have public fright and it's not easy for me but i want to thank you all for listening amen god bless you all thank you miss o'connor we appreciate your courage to come and share your story with us okay so that was the seventh row anyone else on seventh row yeah hello everybody city council mr mayor thank you for allowing me to speak here my name is ziko rodriguez i'm a state representative candidate i'm also presiding over the uh commission to uh for local politics and crime and yeah i i it seems like this is a much like more complicated issue than just uh somewhat punishing the the landlords um i do know how i have some person that i know downtown that during the lockdowns uh they were renting out to somebody that wasn't able to pay their rent they didn't get any government support or anything so they went about a year without paying the rent but the person who owned the property owned their own house and they owned that property across the street and if they weren't going to pay their rent they were going to lose that house completely they're going to foreclose on it and then of course that tenant would have to leave and then the property would get bought out probably some from out of state and it'd be an airbnb and then we'd lose yet another house that we can rent out to locals so protecting the landlords i think is something that we should be focusing on first and foremost um constitutionally it does violate the 5th and 14th amendment rights due process because the government doesn't have any right to utilize a public or private property unless they get compensated and if you're dictating what they can or can't charge for a deposit that's essentially them utilizing that private property so i would be leery about doing something of this caliber without looking at the constitutional ramifications first and then yeah that's my first point just to look at this in terms of the private property owner um having his own rights and then secondly it's economic like with the lady with the woman here that just spoke it's like this is gonna get a lot worse everybody it's this is just the beginning so what are our plans to do with housing in the near future because a year from today right now we're already shortage on two bedroom houses two bedroom dwellings townhomes um so what are we going to do when it's just not this this was one out here who put your heart out here to us and it's more and more people okay so that's that's what scares me the most not only that we're infringing on on property owners constitutional rights but also that we're not forging a plan to deal with the coming rush of of people who need housing that's already dire we all know somebody i get called every week to find two bedroom apartment for somebody find a home for somebody because i am in realty as well so um i i just see what's coming and i hope that the city council and the community at large will hear me out and know that this is going to get tremendously worse and that one person up here putting their heart out is going to be something of the past and it's going to be more and more and more people thank you all for listening okay thank you anyone else on that row okay about the last row anyone else on my left okay uh turn to my right here first row steps second third row staff fourth row anyone fifth row sixth seventh just yes sir all the way back good afternoon mr mayor city council my name is scott lynch i represent several multifamily property owners in las cruces and they have properties throughout the state and the different states as well i'm also a member of the national apartment association government affairs committee and i agree with mr cardoza who spoke earlier that the private and public sector should be partners right so we want to work with you guys to come up with a resolution or an ordinance that's going to guarantee whether both sides are happy so i do acknowledge there is a housing crisis but if you look at all the language and the resolution as far as the veterans disability no one really cares about that i'll be honest so almost all the credit screening by larger companies is done blindly so people send out a link they enter in their income social security disability it's all treated equally if they're not even assigned the name they're assigned a number right so you set your minimum credit score or minimum income all that sort of stuff and you see your candidates ranked from top to bottom blindly the one issue people disagree on is the section eight and that's because there's so many hoops people have to jump through so i think one priority would be streamlining the process for section eight but you know this is not a a binary decision it's not either we do this or do that there's other solutions too so i've seen other cities um do things incentivize landlords to participate so right now landlords have a shortage of maintenance workers so i've seen other states do vocational training at their high schools they'll train graduating seniors be maintenance decks place them in jobs at apartment complexes for reduced rents right so it's a win-win situation so my whole point is i would say instead of trying to threaten the landlord to prosecution try to come up with creative solutions that will incentivize people to participate you know a great analogy is new mexico's film ministry so you know there's so many films that are taking place here in new mexico because of your your great incentive program you can find summer geography in arizona or texas but they don't go there they come here because your incentive program not because you threaten to arrest them if they don't come here right so incentives work and i think threats of punishment don't um so what's going to happen and i'll be honest is the major developers so las cruces is in a vulnerable geographic location you're so close to texas so like my clients would just choose not to build there they'll go somewhere else right so why would you come to an environment where you're being threatened with prosecution when you can go two miles down the road and operate in the way you see fit so that concludes my comments uh any questions thank you okay i think that concludes all the people who wanted to speak and i'm going to turn it back to counselor beta mayor can i just two comments yes um thank you to everyone i just wanted to note i didn't want to do it today because again i think it needs to be done an appropriate setting in a work session that any future ordinance is not going to prevent a landlord from setting your own tenancy procedures and rules or setting your own market rate that's not what any future ordinance will do it will simply not allow you to discriminate because someone has a voucher which is happening i hate to break it folks it is happening in our community but we are not telling you what rent to set we are just saying that because we have seen discrimination that folks say i have i have the income to pay this rent part of it includes a voucher that people are being discriminated against and i hope that i was heard earlier when i said that we are not seeking um we have had countless discussions about incentives and landlord mitigation funds there is um everything i do in council is um to work collaborative to make sure that people are not being criminalized right we want to move away from punitive measures into collaborative measures that is absolutely what we are already doing and discussing mayor i just wanted to make those two points okay thank you councilor beta thank you um with that then i would like to move to table resolution 23-0 until the first council meeting in december and i think that should give us enough time to have a work session as well and to provide comment from the public mayor i would just advise to cancel it um or table indefinitely and bring back a whole new resolution so that they have time to work on it then i can amend to table resolution 23-02 indefinitely second gram okay emotion made by counselor abeyta second by council graham to table indefinitely christine this is on the motion to table resolution 23-02 indefinitely counselor beta yes councilor graham yes counselor ben como yes councillor koran yes councilor flores no councillor gandada yes mayor yes okay so thank you for those of you who shared your testimonies with us we appreciate it very much next item 8.4 resolution 23-023 need a motion second so moved graham second aveda motion baby council ground second by councillor beta natalie greene will be discussing good afternoon mr mayor natalie green for the record the resolution before you is the selection of a development partner for an affordable housing project adjacent to the messiah valley community hope campus just a little bit of background in 2021 the city purchased a 4.8 acre parcel that's zoned industrial located at 1101 west amador the purchase was in in alignment with our affordable housing land bank goals uh and and other goals outlined within our affordable housing plan elevate the council strategic plan our consolidated plan and then again the master plan staff put out an rfq the rfq requested that developers be a qualified grantee as required by the new mexico mortgage finance authority and the new mexico affordable housing state act we ask that any respondent have experienced capability in a complete development team with low-income housing tax credits we also requested that they have experience with permanent supportive housing or supportive housing models we also evaluated quality and design of their recent projects and then experience servicing the populations that we were looking to be served and then a commitment to sustainability and energy efficiencies which would be in alignment with the city's electrification goals there was a recommending body made up of subject matter experts the affordable housing land bank and trust fund advisory committee member and they recommended that we partner with chelsea investment corporation they are an experienced low-income housing tax developer they have approximately 120 developments across the us are and then about 13 000 units so they mainly operate out of new mexico california utah and arizona they have 10 developments in new mexico two in hobbs one in artesia one in carlsbad one in los lunas one in grants and then in the last two years they've been recipients of low-income housing tax credit awards two of them were in 2021 in belen and taos and then last year they were a recipient of a light tech in las cruces which will be starting soon and they also receive one for rio rancho just some notable projects i only included the projects that were specific to permanent supportive housing and so they have extensive experience working in california on a permanent sport of have housing projects for people experiencing homelessness they have extended an invitation should we so choose to see some of their developments in san diego and then the weingarten tower is the one that's currently under construction on skid row in los angeles they have a couple of other ones and the one to know on this slide is their collaborative partnership with father joe's village it's very similar to our campus model on the community hope campus and so their homeless services provider in san diego and they partner with saint vincent de paul's father jos next steps is to work should this resolution be approved today to work with them over the next several months to get ready for a low income housing tax credit submission so we'll be meeting with the stakeholders on the campus outlining those target populations and target incomes the development size the bedroom mix what that partnership structure looks like we'll be working through the zoning process again it's zone industrial so we'll need to rezone that to be ready for residential we'll be defining some of those supportive services that would be provided again based on the population income and then staff and our development consultant will be working to underwrite the project and evaluate the subsidy layering and so with that we will stand for questions thanks natalie questions members of the public seeing none christine this is on the motion to approve resolution 23-023 counselor beta yes cancer graham yes counselor ben como yes councilor koran is absent cancer flores yes cancer gandara yes and mayor yes okay item eight point five resolution 23-024 so move kandara second motion made by mayor pro tem granted by councilman cuomo and sarah conduff will be discussing good afternoon mayor members of council sarah cundiff management analyst for the public works department before you i have a resolution to amend the cip or capital improvement program i'm going to try to make this quick i know we have a lock on the g on the agenda today one of the major items you're going to see over and over reoccurring is just a simple correction to ensure that the project noted can be eligible for icip or legislative appropriation that does include adding cocina de peregrinos as a project to the cip it was a 22 request we are adding it now as a 23 request there are two transfers of appropriations between projects both from fiscal year 22 we're simply bringing them into the 23 cip none of these amendments have an associated required budget adjustment and lastly there's a few that are just routine corrections for clerical errors and typos again this is a lot of items that were changed at the end of fiscal year 22 they were simply requiring to reflect them in 23 now that we're open so page one of the cip you will see the downtown parking lots renovation we added grants as a potential funding source that is the indication to be eligible for icip or legislative appropriation general facilities improvements we added back in la casa maintenance and um uh pardon the esperanzas the two parks i'm sorry the park and the maintenance that we added in late fy23 and we mentioned those from the facilities improvement program that got left off the budget needed to be fixed so those are a late fy 22 amendment that we are simply adding into fy23 the following i'm sorry merci valley community of hope that cocina de peregrinos is an addition it was an fy 22 request that we are simply now adding into fy23 the next three projects are all again adding grants as a potential funding source so they may be eligible for legislative appropriations same for the first project on page five you're going to see parks and rec facility structure renovations again to be eligible for legislative appropriations the next four projects are the go bonds late fy22 we brought forth the extension of the ecm contract and that funding for all four projects again this is correcting i'm sorry adding that late 22 amendment into fy23 on page seven we have a reallocation or transfer mcclure drainage improvements received a hundred thousand dollars from the mesquite tornillo drainage improvements you see two projects down that was in late 22 just to reiterate what was mentioned last time the drainage improvements project at mesquite tornio the study came in under budget that hundred thousand dollars was reallocated to mcclure because the actual infrastructure improvements are determined on that study as well you'll see mcphee from valley to first that is simply a typographical error that's being fixed the last two projects here the chip sill and the roadway maintenance we have escalation in the cost of asphalt so 300 i'm sorry 38 750 is being reallocated from the roadway maintenance program to the chipseal program you will likely see an amendment to the roadway program later on in the fiscal year to ensure that it has its funding in entirety the last two projects here are adding grants as a potential funding source again so that they may be eligible for legislative appropriations and with that i will stand for questions thanks sarah questions does it look like any questions members of the public okay see none christine this is on the motion to approve resolution 23-024 counselor beta yes counselor graham yes counselor ben como yes cancer quran yes counselor flores yes counselor gandara yes mayor yes okay item eight point six council bill number twenty three zero zero one ordinance number three zero zero seven indeed emotions move to approve second aveda okay motion made by councillor graham second by councillor beta erica will be presenting okay good afternoon mayor city council erica hawkins treasurer the ordinance before you is authorizing the issuance and sale of the state shared gross receipts tax revenue bonds series 2022 the bonds will be used to replace four fire department engine trucks the amount cannot exceed five million dollars and the maturity date cannot exceed june first twenty thirty four twenty thirty four the interest rate on the bonds cannot exceed twelve percent per year we have no reserve requirement unless the city's credit rating is downgraded below a a2 the bonds are pledged with subordinate lien on the state share gross receipt taxes the equipment being replaced has exceeded industry standards for time of service and maintenance cost the bonds are to replace two aerial fire trucks with an estimated cost of 1.6 million each one of the replacements is 20 years old and the other is 16 years old we're also replacing two fire engines with an estimated cost of 844 thousand both of these replace replacements are 12 years or older and next we have a couple of pictures of the fire engines that are being replaced and here are your standard options i'm available for any questions okay thank you erica yes councilor flores thank you mr mayor and thank you miss hawkins for your presentation i remember a few years ago our sister city and i think [Music] when when enriquez was the fire chief we had a sister city interchange with lerodo in mexico and they asked to receive the fire trucks or whatever do you remember that mr enriquez assistant city manager yeah marion council what we had discussed with laerda when they came over to visit was some of the equipment and then possible training at that point we never really discussed apparatus because it's just such a huge item and then to transport all the way over there but we did talk about equipment and the possibility of them even sending individuals over here for some training through our academy oh because i remember the mayor the then mayor um in in laerdal said that i i thought that was her ask but i don't know what the agreement was but there's anyways anyway we can do that for our sister city that would be great i don't know what happens to trucks ordinarily does it just go to heaven somewhere fire truck heaven um i was hoping the fire chief was nearby council photos i think they just get sent i mean they go to auction and they're sold i okay so anyway if we can have that option i think that would be great so it's funny i don't know if they're reading the agenda but the mayor's office from juarez said they wanted to buy uh these our old vehicles i told them you know the chief said they're really old they can't find the parts they said they don't care they'll take anything they're so there's you know but you know it's up to council either but i think chief i mean as an assistant city manager uh enrique said to get it there is one story i think they would come if we sold it to him i think they'd come pick him up but i i don't know whatever council wants to do if that's i don't know if we can just i guess we could sell them at fair market value i have no idea all i remember i don't think we can give them away though oh well okay thank you thank you miss hakkis thank you i i don't know maybe the city attorney's office can check into that but i don't think we're allowed to just give away property we have to sell it for something mayor sorry this is barbara de leon the other you are correct um our assets need to be disposed of at fair market value and that's why we typically utilize the auction process for that there have been times when we have entered into agreements with other governmental entities but again the fair market value is the important consideration council florida maybe if if the fire department can come up with a fair market value ask there though first if they can afford it and if not then ask city waters if they want to buy them and if not then send it to the boxing i guess well that's fair enough because it is our sister city and we want to keep those international relations so thank you mr mayor and thank you ms dillian and thank you chief i mean uh mr and cliques okay any other questions christine this is on the motion to approve ordinance three zero zero seven counselor beta yes councilor graham yes counselor ben cuomo yes councillor koran yes councilor flodes yes councillor gandara yes mayor yes okay next item 8.7 council bill number 23002 ordinance number 3008. second counselor abeyta make the motion and counselor become okay and catherine harrison rogers will be discussing good afternoon mr mayor members of city council give me just a moment to start the presentation this particular item is a zone change request from a single family medium density residential zone to a multi-family medium density zone on mcguffey currently the property is a little over two and a half acres it's located in r1a zone that's our pretty standard single family zone that you see mostly throughout the city the property is currently vacant and encompasses a variety of residential excuse me and is encompassed by a variety of residential zoning districts to the northwest and east that contain single-family dwellings there's also some multi-family directly to the west and some commercial and industrial zoning turned further towards the south when you get near bataan memorial here is a zoning map showing that particular property you can see it right here it's right along mcguffey street shadow hills road of course is nearby as well again as i had mentioned before it is vacant recently you did hear a zone change on the property a bit to the southwest of there also interested in doing some multi-family they're currently requesting this zone change to expand that density and allow for multi-family development on that particular lot riding right against mcguffey staff did analyze the proposed zone change and it was consistent with existing and nearby zoning near the property it's located along a roadway that's recommended for a variety of different residential land uses including those low density multifamily during our analysis we did look at elevate las cruces and felt that the expansion of multi-family properties would be supported by many policies outlined in that document again the purpose and intent statement of the code and pnz's decision criteria also supported the request staff sent out reviews to all relevant agencies all of those agencies and departments were supportive of the zone change and notice was also sent to surrounding properties there was a a a nearby neighborhood did call they had some concern about the access to mcguffey and the increased traffic in that area of course during the time of any site-specific development staff will look to see whether or not it will trigger a tia or any other improvements along that roadway and those improvements will be put into action prior to the use of said property if needed the proposed zone change did go before planning and zoning commission it was recommended for approval and again when looking at this from from the pnc's perspective they did feel it was supported by a number of items of course listed here and and what i recently um just stated there was no public comment that was provided during that time and the vote was unanimous uh there was one commissioner absent however i would like to point that out um your options today are to vote yes to approve to vote no to deny vote to amend or vote to table and i do believe that the applicant is here if there are any questions of them so i do have a quick question so the r2 is that duplexes and triplexes that's correct mr mayor members of city council quadplex's triplexes duplexes what we consider more of that missing middle housing there is an opportunity to even do a single family product in the r2 zone yeah no this was what former councillor vasquez talked about and then i put in our my state of the city i think this is an opportunity for residents to be able to have you know build some generational wealth if they can own a duplex you know live in one perhaps rent the other one out vice versa maybe rent them both out i just wanted to make sure i wasn't too sure i hadn't seen r2 in a while we don't do r2s that often so no sir mr mayor you don't see them as frequently as you see the r3s or the r4s but this really is kind of that that bridge between those more intense those higher intense multi-family and then the single family it's a good transition from mcguffey to that single family absolutely and the neighbors tend to be you know a little bit more okay with duplexes than a bunch of apartments but yeah yes thank you mayor thank you catherine appreciate the presentation um you mentioned a tia what will trip that if needed you said absolutely i would i would love to point that out explain that a little bit further ultimately tias are are triggered when one our engineering staff specifically the traffic engineer knows that maybe there's some problems along a certain roadway they can request certain information and then there are also some other triggers for example i believe if it exceeds 100 trips than what was normally there if the density is increasing to a certain amount it is um in this particular instance uh this particular project may not trigger the need for a tiaa the one further south that you did here a couple of weeks ago it was a much larger development is triggering the need for a tia but ultimately it'll be the the traffic engineers decision in a situation like this thank you catherine so we're rezoning specifically but maybe this process is months and months maybe down the line right yes ma'am mayor pro tem members of city council yes this will this will take time to come to fruition and to know ultimately what's going to happen at that location and and if it'll trigger any need to do a tia or any improvements to that roadway right right okay that's all mayor thank you thank you catherine you're welcome members of the public okay see none christine this is on the motion to approve ordinance 3008 councilor beta yes councillor graham yes counselor bencomo yes councillor koran yes councillor flores yes councillor gandana yes and mayor yes yes okay so that takes care of that now board appointments looks like we just have one this is um to the capital improvements advisory committee vincent garcia hess new appointment i'll need a motion in a second so moved to corin second aveda we should be able counselor corin second by mayor pro tem gandera christine this is on the motion to appoint vincent garcia hess to the ciac councilor beta yes councillor graham yes councillor bencomo yes councillor koran yes councillor florence yes councillor gandana yes mayor yes okay next is notice of proposed ordinances there'll be no public discussion counselor may ask staff for clarification on the proposed ordinance first one 10.1 council bill number 23-003 ordinance number 3009 bring it forward okay bring it forward next one 10.2 council bill number 23-004 ordinance number 3010 bring it forward okay bring forward next item is uh council member board reports and comment i i don't i don't have any so mayor pro tem thank you mayor um over the weekend i attended engages karaoke event it was quaint there at the community foundation i hadn't been there yet for an event but it was beautiful and they raised a lot of money and jardine de los ninos ended up winning so the videos and were so cute and some we have some real talent in our non-profits so that was saturday um like to make the announcement that our faith community faith leaders will be meeting with counselor bencomo and i and reverend carolyn on august 25th at 1 30. we have a lot of great presentations requested by the faith leaders one on the 988 our mih program and i'm spacing the third one counselor bingo mo maybe you can help me add that if you would and with that i those are all my announcements thank you mayor okay thank you councillor flotus thank you mr mayor the only comment i have is um regarding a um the housing resolution that was um that didn't pass today my only request to the housing department our economic development department and our housing committee not just the chair or the members but the entire policy review whoever might be listening out there i know that covid threw a wrench into meetings but even with attendance being in person or meetings being in person the number of people showing up is um just a fraction of what we used to have so i um but nonetheless would hope that that the council does address housing discrimination and there are other concerns regarding landlord tenant not necessarily for or pro or against one or the other but in terms of fine-tuning and again the reason for this would be that people would have access to our local courts uh under a municipal ordinance so i i do hope that we're able to move on that and thank you mayor thank you council koran thank you mayor for the opportunity to speak i do want to give a few quick updates those of you who are following the tnr saga i just saw a cat right outside in the front in the front yard the teenage coordinator position has been will will appear shortly in the in the hr thing so thanks to you all for on your ongoing support of thinking about tnr um trap neuter return for those of you who haven't been uh here for those lengthy conversations um so that's one update from the animal services side of things i also just want to put in a few notes about the tsi prc i want to give a shout out to the the staff who have helped coordinate the tsi prc committee meetings um they we've really been working on focusing the tsi prc is transportation sustainability and infrastructure and we've really been working on thinking about how to focus this and how to make sure that we're all working from a common definition of of what's important to us collectively as a community and so i'm looking forward to our next conversations where we'll be talking about things like defining sustainability in the context of of transportation and infrastructure and what seeing what equity looks like when we think about funding transportation and infrastructure projects so that conversation will be taking place as it does on the uh first tuesday of the month september 6th at 8 30 a.m in 2007 a so i want to invite folks to come to that conversation about in particular defining equity and sustainability and things like multimodal transit so that's all i have for today okay thank you councilman como thanks mayor um just a couple things uh we have actually housing prc scheduled for this wednesday at 2 p.m on the second floor and we will be talking about income discrimination ordinance there is a cannabis town hall on thursday at 3 p.m that i'll be attending and hopefully some of my other colleagues can attend as well we have i think our third i don't think cynthia's down here i think it's our third if not our fourth meeting down west picacho i think it's our third with west picacho businesses and we're doing a lot of great things there as well if folks want to join us that are business owners or residents honestly and then the last thing i wanted to know was that um at last week's um utilities meeting um delilah let us know very sad news for us exciting news for her and so i just wanted to publicly and here at council delilah extend my deepest gratitude for literally leading a giant public utility that is no easy thing and you deserve all the accolades and people stealing you from us um so she'll be going to a freezing town so i expect her to maybe return in a year or something i don't know um no just kidding um so i just wanted to say that delilah and i don't know when your last meeting will be it's not today it's not today is it okay great so we will have more time to give you proper goodbyes and all of that but i just wanted to let folks know that's it man thank you councillor graham okay there we go thank you mayor um glad that the cat's out of the bag the tnrd cat is out of the bag on delilah leaving thank you so much especially as a new counselor the care that you took to help me orient to the city and to the immense undertaking that utilities is in our community yeah i mean we have great people and that's the risk you run when you have great people they move on to other great things so thank you and glad you'll be around through september my only other upcoming thing i'm going to have the honor of speaking to some students at lynn middle school coming up on wednesday one of our amazing community schools so that will be me desperately trying to look cool to sixth seventh and eighth graders outlook not good but i'm really excited and happy to be asked so if i'm not booed off the stage i'll probably report on it again if you don't hear anything else know that i was deemed a nerd so thank you okay thank you counselor thank you councilor graham i guess you can you can let me know if my children behave then [Laughter] thank you i have a few updates to to share we are going to have an oversight committee meeting on wednesday at 10 a.m and we are also hosting a vaccine task force meeting this wednesday at 3 30 and thank you to mayor pro-tem gandra for leading that as i have a conflicting appointment but the task force meeting is just going to give a little bit of a overview of everything that's been happening our office of emergency management is going to give some updated messaging and include messaging um about monkey pox as well so just uh to get a little bit of a handle um you know over everything and uh be proactive about that situation so thank you mayor protem for that um counselor bencomo talked about our utilities board meeting we're also going to have a rate setting training in september and i do want to say congratulations to jeremiah avery who did his signing last week for his internship very exciting there's so many resources available for success for him over the next few years and training i think it's such a wonderful program so thank you delilah and thank you to mr enriquez who also spoke at that event we're going to have a quality of life prc meeting august 24th at 3 p.m and then tomorrow i will be going to a vida board meeting where we're going to be looking at some bylaw revisions and going over the stakeholders survey results and then this last saturday i had the opportunity to go to borrow college to look at their medical student research day and look at abstracts and hear about some of the projects that the students have been working on so it was really wonderful and it's such an impressive facility as well i had not had the opportunity to really look over there so it was very exciting and i have asked mr pili to help me start working on a public safety meeting for my district obviously a lot of the recent events have occurred in my district and i know i have a lot of concerned regis residents so i want the public to know that that is in the work for us to talk about building up neighborhoods and addressing some of their concerns thank you mayor thank you councillor before i give to uh assistant manager enriquez i i was remiss in not introducing and i just met him for really the first time but i just want to tell you brad you're quick on your feet and i think you did a great job today so i don't even know your last name i just know you as brad so if you want to share a little bit about you with us and i mean you're you're not a temp right you're a city attorney well if i'm a temp nobody's told me or else they've forgotten to fire me now for everybody and i know quite a few of you actually i'm brad douglas senior assistant city attorney i have been here since june of last year and it was an interesting experience to fill in for city attorney vega today this was kind of a last minute call up if you will so apologies for that but thank you mr mayor council for being patient and understanding with me you did a great job and also maybe you're going to touch on this assist manager enriquez on is there going to be any 911 911 comments there yeah mayor and council thank you um i do have some updates i i'm not sure what the schedule is for the september 11th but i'll make sure we get that out we'll get that out exactly what the details are we we normally do every year and we will participate in that but i'll i'll get the schedule today this afternoon i do have some really good news to update and some great news uh the the good news is we kicked off the block party for the lift up and it was a huge success so now next steps moving forward we're looking for those tangible items that that we can take care of as soon as possible and that starts out with the streets public works has already done a cap seal on sacramento street and sacramento circle next they'll be doing a pavement replacement for cayo sosa and also for north willow and those streets fall between ash and mulberry and those will be done hopefully we're looking at starting the construction in october the other thing is the big street is the madrid with a bike and pedestrian improvements and those pre-construction negotiations are going on right now with the department of of new mexico department of transportation and the federal government also to establish and hopefully also start sometime in october parks and rec is assessing all the landscaping needs in that area for lift up as well and the great news we just notified today that transit was awarded 7.9 million in in grants so we will use about 5.7 million to purchase seven more buses and chargers and then 2.3 million of that or 2.2 million of that will also go to the build out for the transit facility so that's great news kudos to our grants department with amy and also mike bartholomew transit and staff for staying persistent with those grant applications that's what i had mayor thank you yeah that's great news can i just ask yes mr enriquez what is the source of the grants federal or state yes it's a federal through the fta thank you okay great no that is great news so thank you very much for that and so if there's nothing further entertainer motion to adjourn so move my floaters second beta okay motion made by councillor florida second by councillor beta that we adjourn christine this is on the motion to adjourn the regular meeting counselor beta yes councillor graham yes councillor benkomo yes councillor koran yes councillor flotus yes councillor gandala yes mayor yes okay it's 3 58 pm we are adjourned thank you very much you