e
[Music]
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afternoon mayor you're now live okay
good afternoon everybody Welcome to the
work session of the Los crusa city
council today is Monday April 12th 2021
it's approximately 10:1 PM before we
begin if you please join me in the
Pledge of Allegiance
please 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
allk you and now we're going to have uh
Holly Wells from our Animal Services
Center and introduce our pets of the
week hi guys um so Holly is here with us
but this is Vanessa today um I'm just
using her account so I going to
introduce
um our dog of the week
first all right so the dog of the week
for this week will be Gobo um he is a
male
neuter um two years old a little brief
description about him um says my name's
goo and I'm a mow sweetheart very lowkey
and quiet I tend to get over shadowed by
my energetic Pals even still I get along
with every dog and person I me I'd like
a forever home to take it easy
with all right and we are moving on to
our cat of the week R
R I am rayu a handsome seasoned Tom Cat
who has decided he wanted to settle down
and find a nice living home to retire in
I want to be the king of the castle
getting pets and food all day long I am
also experience and knowing when it's
time to relax I love napping I'm also
four years old a male
neuter and then a fun fact for this week
did you know U the December Paro vaccine
should start as early as 6 to8 weeks in
puppies the second fun fact is this
vaccine is given every 3 to four weeks
until a puppy has turned 16
weeks finally the adults that never had
the December parvo vaccine need a total
of two vaccines three to four weeks
apart from each other and this is for
them to be fully vaccinated and once
they're fully vaccinated they could have
fun in our community if you have any
questions regarding your animals Animal
Friends please call your local vet
clinics for medical advice
and then uh this week um we are still
accepting volunteer applications you can
apply at ascmv
toorgle um but keeping them on file to
further
notice and finally thank you guys okay
um Miss what was your name again a
Vanessa Chastain Vanessa Chastain okay
good and I think uh that that c C's name
was ryushi so I've never seen AES C
before but I think that's a Japanese
name rushi yes one of our um employees
here loves Japanese names so I kind of
struggle with it oh okay no problem
thank you okay good thank you so now
we're going to go to uh jobs of the
week and we have
Darlene or Cindy it will be Cindy sir
Cindy okay yes good good afternoon mayor
good afternoon everyone so this week's
jobs of the week uh first off we have an
internal auditor through the city of Los
Cruses this position will be closing on
April the 19th next we have a certified
medical assistant with La Clinica the
Familia this position will be closing on
May the
21st we also have housekeeping positions
open through Comfort Suite there are
three positions available and these
positions will close on April the 29th
also there is a direct support staff uh
which is a caregiver position through
lessons of Life they have 20 positions
available and these positions will be
closing May 30th so that's a lot of
time um next we have an administrative
specialist with our South Central
Council of governments this position
will close this coming Wednesday on
April the 14
but for a full list of all the available
positions that we have available
internships and volunteer opportunities
you can visit us at
www.employnewspaper.in
250 thank you so much everyone and have
a wonderful week okay thank
you okay next we're going to have is our
covid-19 update and assistant city
manager Eric Enriquez will be
presenting yes good afternoon mayor and
Council uh Eric hriz assistant city
manager to give a
covid-19 uh
update so donana County is still in the
yellow and will continue to to test and
also we have seen the the numbers have
gone down on the positive cases and
hopefully that will continue uh moving
hopefully move towards the green uh the
state of New Mexico is is assisting with
the Department of Health and the city of
Las Cruses and Walgreens pharmacy to
have a mega event uh that will take
place on Saturday April ail 17th
originally it was scheduled for Tuesday
the 13th but now it's going to be pushed
to Saturday April 17th and the two sites
will be the panamerican center and the
convention center we're looking at doing
a total of 6,000 vaccines it will be the
Johnson and Johnson it will be a single
dose uh again encouraging everyone to
register so they can get this vaccine
3,000 will be uh handled by Walgreens at
the panamerican center and uh Department
of Health National Guard Las Cruses fire
department city of Las Cruses will all
assist in helping out 3,000 we're trying
to get that done in about 10 hours of
time so that's what we're looking at
doing right now the Department of Health
dashboard shows that donana County uh
individuals with at least one single
dose has reached
78,000 uh that's 45.6% with a single
dose uh registration campaign is still
going on strong Scott Rogers is still uh
coordinating that and heading that up uh
reaching out to the community and trying
to get in certain zip code areas um
Flyers have been made and will be going
out in the utility bills if you drive
around town you'll see the buses already
have the bus wraps indicating the the
for registration to roll up your sleeves
uh so we have currently
55.8 uh of the population that is
registered in donana County we need to
increase that especially with the mega
event taking place uh an update on the
Asylum uh refugees there has been
Communications I have communicated with
FEMA on the federal end with uh
reimbursement monies that would be
available for food and and other
supplies working with Casa Perros and
Lorenzo Alba uh seeing what we can do in
the in the event that we get any
overflow with the state and local uh
we've been talking to uh the emergency
managers at the state level at the local
level uh faith-based organizations are
also helping uh we have a location where
donations have been uh taken in for
several months and then delivered to
Waters Mexico as as needed through some
of the churches and um the state you
know one of the challenges or the
biggest challenge of course is the
covid-19 but that creates a problem with
travel and congre gating um we're we're
not looking at using the Armory as a
site this time because of congregating
um and trying to separate what the state
is looking at doing we've had hotels
that have been used for quarantines and
isolations from First Responders to the
general public to try to reduce the
amount of people in hospitals during the
pandemic and the state is also looking
at doing that if we get an overflow of
Asylum refugees is to try to isolate
them at a hotel and the state would
assist us in funding and uh reimbursing
so those are some of the the talks that
have been going on in the planning that
we've been doing and we will continue uh
because we really don't know uh if this
is going to take place or when it's
going to take place so constant
communication at all levels um and now
uh Amy uh basser Johnson will give an
update on the American uh rescue plan
Act thank you thank you
ER good afternoon mayor uh counselors
thank you Mr Enriquez for um turning it
over to me I want to go over the
American Rescue plan act which is uh
arpa for short I think that's what the
uh acronym is now going to be known as
uh I just want to go over some general
things um the ACT contains so many
different funding allocations uh for so
many different purposes but I really
want to focus today those that would be
directly applicable to the city um and
those that might uh directly assist our
residents there are so many more um and
most federal agencies that are handling
this money and distributing the money
have not put out uh guidance specific
guidance on how to access um a lot of
the funding and what the uses are uh as
well as kind of the time frames on when
it will be issued um that type of thing
so I just wanted to um Focus today
really on a few items um treasury has
also not issued final guidance for the
municipal Des uh distributions um but
I'll talk uh a little bit at length on
what that uh what little guidance we
have from the bill and remember that all
of this funding is intended to provide
for continued prevention um for for Co
from covid
sorry prevention of covid um and
recovery from the covid
crisis
thank you I think Mandy is Manning our
our PowerPoint so I appreciate that um
also just to let you know that as I get
in new information we'll continue to
update and today I'll give you a couple
of additional bits of information that
have been updated since we did these
slides on Thursday so every day we get
new information from various agencies I
think most of you are most interested in
the municipal funding that is coming
directly from treasury to the city the
apportionment for the Los crues the last
amount that was listed uh I believe in
Senator luhan's um webinar last week is
23.75 million for the city of Los Cruses
half of this funding or
11.875 million will be sent directly to
the city on May 11th um that is a
requirement of the bill that it be sent
out within 60 days of the start of the
of the bill or the approval of the bill
the remaining will be distributed one
year later cannot be distributed earlier
than that so it'll be one year later we
have the ability to spend through
December 31st of
2024 uh it's important to know uh that
all of this funding is non-recurring so
as you think about the ways to utilize
this money if we you do it if if it's
decided that some of the money will go
towards new programming or additional
Personnel or things that will continue
beyond the December 31st 2024 day
um it's non-recurring and we will have
to come up with a way to sustain those
uh programs or services that we might
start with this
funding um one of the other uh items in
the bill is that the start date of this
is March 3D we don't know yet um and are
waiting for the guidance from the
treasury to know how far back we can go
for various expenses uh various revenue
losses that type of thing so we are
really waiting on this treasury uh guide
guance to be relaced on the uses any
additional restrictions than what was in
the bill uh the project Period start
date which means how far back can we go
whe when can we start counting uh
revenue losses uh expenses that kind of
thing um additionally reporting is going
to be required but we don't know what
that is or how that will be done or or
to whom we will do that so we really
need that now what happened with the
car's Act was there was not a
requirement in the in the bill to um
have the agencies distribute clear
guidance and as many of you remember
much of what they allowed us to do or um
expense changed quite often particularly
with FEMA changed very often during the
process of what could be allowed and
what could not be allowed so this time
in the bill they actually put out that
the agencies have to issue guidance and
treasury is required to issue guidance
on this particular funding by May
11th next slide please
so the direct Municipal funding uh uh
General Uses as defined in arpa for
municipal funding is that we can utilize
it for government services impacted by a
loss of Revenue uh due to the crisis uh
this can be interpreted in a variety of
different ways um but that and and all
of these to be honest all of these are
very general and can be interpreted in a
lot of ways and as soon as we get that
guidance from the treasury it will help
us really uh um narrow down um what how
to utilize this money um we can use it
for premium pay for essential workers
who work during the crisis um the bill
allows us to go up to $13 an hour for
eligible employees of course they don't
uh Define who eligible workers are
there's a cap of 25,000 per employee we
don't know if we can take this back to a
certain date or if that's just going
forward so again that treasury guidance
is is critical
um we can respond to or mitigate
negative economic impacts including um
providing um services to Residents
business and nonprofits and local
Industries such as tourism travel and
Hospitality it also specifically calls
out that we can utilize it for Capital
Improvements in water sewer and
Broadband
infrastructure um it cannot be used for
net reduction in state revenues and this
is specific to the state um but there is
some discussion that would apply also to
uh local taxes that we might have
implemented uh during the covid crisis
we did not do that of course but um
that's what it's intended to uh restrict
you from doing uh or funding pensions so
if we were to um do the premium pay for
essential workers we'd have to ensure
that none of that money went towards
their parah uh contributions which would
be a
pension um I I think that's it next page
thank you and so then the ACT also
includes some designated direct
apportionments through some of our
regular funding agencies that we get
money from on a regular basis uh FTA for
Transit they H are allowing for
apportionments due to the amount of
money we received from the uh cares act
which was a little over 6 million um our
anticipated uh portion will be only
166,000 from this bill um there are
going to be some competitive uh grant
opportunities through from the FTA for
um through this bill as well we'll we'll
look for those to come out in the next
few months um FAA is going to provide um
to the airport some additional
apportionment we expect it to be very
similar to the car's funding um but we
haven't received any guidance from FAA
on that yet anticipating about 70,000
which is what we received uh from the
car's act the older Americans act which
um as many of you know funds much of our
senior programs um all aspects of the
senior care were increased all of the
title um I believe they're title two
through title six or something like that
in theer older Americans act all of that
was increased this will be distributed
through the New Mexico Area Agency on
Aging which is our usual funer for such
um appro for such Appropriations unknown
what the amount will be and probably
will come with this uh next fiscal
Year's um grant that we'll receive in
the summer then also on on HUD um for
our
cdbg uh on Friday U Natalie Green was
informed of the amount that the city
would receive as a direct um entitlement
community and that is 1.8 million for uh
her programs from
HUD next slide please um and then
there's a a great deal of competitive
opportunities in arpa that uh the city
qualifies
for and that we will look to pursue I
think there's a good number of
additional ones but these are the top
ones that we know that our um our
departments are eligible for so Eda
there's three billion dollars from the
economic um development Administration
this is for economic uh adjustment
assistance and economic recovery from
covid uh the Nea which is National
Endowment for the Arts there's 81
million um this one has a general thing
I think I you guys remember me saying
over and over again when car's act came
out to pre prepare prevent and respond
to covid um that's a pretty standard
language in this bill as well uh that's
81 million total throughout the country
this will be a competitive process um
that hopefully we'll get direction on
soon the neh they've just put out their
uh direction or their guidance on their
competitive funding um each uh agency or
a organization can apply it for up to
$50,000 to uh for recovery and operating
expenses the imls uh 200 million
Nationwide primarily will be distributed
to State libraries to carry out basic
library and Museum Services we can
expect to possibly see some either
direct allocations or some competitive
opportunities um through this funding
afg uh sa and safer which is uh programs
run by FEMA for the fire department the
assistance to Firefighters program 300
million uh Nationwide for programming
and equipment and also Staffing for fire
departments um and those would be
competitive as well we have not seen any
guidance come out on that yet and then
finally the department of Congress I'm
sorry the Department of Commerce has
7171 billion for the expansion of the
ray programs for libraries this will
primarily go to state libraries to then
be distributed to um community libraries
throughout their State uh that might be
a competitive process it may be similar
to um what we did previously on our eate
is that they will identify libraries
that have the ability to um handle this
kind of expansion and work with them on
how to apply and get the the match for
it uh this one we've just oh sorry if
you can go back on slide just for a
minute um so on the department of
Congress many of you know that we've
just finished an e expansion at our
library liary we do have plans for
additional expansions so this would be
something we would um very aggressively
pursue to be able to give us um
expansion up to the sage Cafe from our
our main library next slide
please and then finally um things of
interest to you all state another entity
uh funding from the bill the state
distributions They will receive um there
is
2155 billion for renters assistance and
9.96 one billion for homeowners
assistance these this is direct
assistance to renters and homeowners for
a variety of things including rent
utilities and other expenses associated
with renting um on Friday I learned that
the renters assistance will be
distributed directly out to um States
and then in our state um to New Mexico
and then to Burn Leo County and doniana
County so I've reached out to the county
to uh get the information on how we can
direct put information on our website to
direct folks to their program um to
receive the renters assistance the home
owners assistance will probably be very
similar um to the renters assistance and
then other entities that are receiving
funding that will help our residents is
utility assistance through the
low-income home energy um
program um 100 million for housing
counseling through neighborhood Works uh
20 million to support Huds fair housing
programs and 500 million um in water
assistance that will go through the
low-income housing um uh direct I'm
sorry I can't see that but let's see
drinking water and wastewater emergency
assistance program so these would be
agencies that should be putting out
information for our residents to to be
able to receive uh some of this
assistance that they may need and um I
think that is about it for the items
that we we've identified that are
specific to the city or to our residents
in our community again as I said there
are multitude of fundings and I know
that every department and every and all
of you as well have attended many
webinars on what is allowable and what
is not um and so there may be a
multitude of programs that um they're
bringing you information on not all of
them fall under um the ones that we've
identified here today and so if you have
uh specific questions on fun funding
you've heard about we can do some
research for you and let you know what
agency that might be coming out through
um otherwise uh we'll stand for
questions both Mr Enriquez and I are
available to answer any questions you
might
have thank you Amy so we do have some
questions councelor Vasquez bomo and
Ganda so councelor
Vasquez uh thank you mayor thank you Amy
um for this really comprehensive and
thorough presentation
um one thing I'm extremely confident in
when it comes to our city is our ability
to both apply for and get these grants
um our Grants Department is outstanding
and so thank you um for thinking about
the opportunities for us to go after
competitive funding in addition to some
of the um funding we have coming to us
for the expenses we've incurred through
covid um the question here is I guess
around the tracking of expenses and I'm
thinking this may be similar to when the
Asylum um Seeker uh situation first um
uh arrived here and we were able to
track I think a lot of backs spending um
right uh that we were able to get
reimbursed through some federal dollars
um uh so just in terms of being able
to quantify or categorize that type of
spending although I know the regulations
or the rules haven't been set yet for um
how far back that goes um Amy are you
confident that the city will be able to
recoup the majority of its expend covid
related expenditures that fit within the
existing framework of this bill right
thank you uh mayor councelor Vasquez so
um accounting and the Grants Department
as well as most of the city departments
we've set up a special uh site for us
within the SharePoint where people where
departments uh register their expenses
we have a specific project code that
we'll set up in the finance system to to
put those expenses into um we're again
until we know how far we can go back we
don't know how much of the unreimbursed
expenses from our initial covid um will
be allowable or may just be new
expenditures that are allowable um those
will all go into that one project code
um to be honest the majority of our
expenses from um the initial cares Act
the New Mexico State funding and some of
our federal funding through FEMA the
majority of our expenses have been
covered um that were allowable some of
the things that weren't covered um just
for example are like the barriers that
we had to do for the parks department
some of the additional security we had
to hire for um different buildings and
Facilities um at the initial outset and
some of the regular um pay for fire and
police um when they were doing their
regular shifts um things that were
already budgeted um for example FEMA
would not let us um take those and ask
for reimbursement on them so we could
only ask for for example un unscheduled
overtime um those kinds of things so um
those are the kinds of expenses we would
go back and look to pick up um and and
as well as some of the premium pay those
would be the initial ones we'd look to
pick
up great thank you Amy that's super
helpful I really appreciate that um glad
to see some of our expenses have already
been covered by um uh by various other
mechanisms um the only other comment or
question um I had was and I think you
partly answered this is just around um
the consumer facing assistance end of
things even if it's not per se man even
even if it's per se pro programs that
are managed by the county um and not
necessarily the city or done in
partnership with the county um getting I
think a steady roll out of press
releases uh from the city's end on
things like renters assistance you know
the increase in uh potential Li Heap
Assistance or utilities assistance um
housing counseling all those things I
think are are are helpful for our
residents to know and um I I know when
the city puts out often press releases
uh it it may spur or prompt our local
media to write about some of the
programs that are available and so um a
steady roll out of some of these as they
become more clear uh in terms of how
consumers actually apply for these
things uh would be I think a good
service for the city to do for its
residents and so it sounds like you are
already thinking about that and working
with the Communications Department to do
that right thank you um mayor and
councilor Vasquez uh I had an initial
meeting with some of the county folks
today um regarding how they were going
to roll out some of their funding and
ask that they you know keep us in the
loop as they get these programs
established so that we can put them on
our website we can include them in our
press releases about what we're doing
with our funding um I know that tomorrow
uh the commission is having one of their
first uh work sessions much like we are
today on on the cares act or on the arpa
funding um and so as we as they get
their legs under them and we get our
legs under them it's I think we'll have
a good working relationship on how to
roll out this funding for our
residents that is excellent that's
excellent thank you so much Amy I
appreciate it um and again uh full
confidence that we'll go after these
dollars um to the degree that we can um
and I would say just I guess one more
thing too is I know we often do mailers
and so um not all of our population
especially folks who may be having
issues with housing or um uh utilities
or or other types of issues um always
have access I know to online media so
the use of our um mail program uh would
our snail mail I guess program little
postcards that we can send out to folks
um might be a useful contribution to the
overall information campaign to get this
out so thank you so much Amy um and
thank you
mayor thank you C thanks mayor thank you
so much Amy for your presentation I
agree it was very thorough yeah I have a
couple of thoughts as well um I'm I'm
wondering if the city then right because
I asked for this at our last week's
meeting in terms of how are we going to
be as transparent as possible when it
comes to spending this money are we
waiting to hear treas the guidance from
the treasury before we start putting any
of that out or what um or are we
actually starting to think about where
some of those funds will be
used uh thank you uh mayor counselor Ben
comoo uh we do have um uh starting to
work on a process for how we can um make
that those presentations to you um if
EPO uh would like to add to that
certainly uh that would be helpful I
know it's going to primarily go through
his office to make de you know to make
decisions on how to present it to you
all okay great thank you Amy
um and then um can you go to slide six
please
my handy assistant Mandy will take us
there thank
youy
um yeah so part of this right I think
for me it's really important that we um
like really look at um because they're
they're all kind of broad right but I
for me I'm like what is the can we do
this community analysis um this
community needs analysis to really
figure out how to best use these dollars
and I guess now talking to really eepo
right and his staff in terms of what is
it that residents need in this moment
what is it that businesses need and
nonprofits need in this moment because
again I think for me residence is the
most critical piece right we want to
make sure that people who are having
economic instability are really being
the ones um particularly targeted with
these dollars and ensuring that we are
supporting the most vulnerable of
families residents and of course um our
business Community to include nonprofit
I I did also want to make sure that um
you know I don't know if our the
economic recovery count advisory folks
are still meeting but I think that it's
very important that Economic Development
along with that board do some
educational pieces in terms of um yes
this fund is coming to us what else was
included in arpa for the business and
nonprofit Community how to how can they
best leverage any funds um I mean I
think I'd even I'm not sure if it's
through our
orware that there is a tax credit for
businesses who provide paid sick leave
to people who get sick from covid um
they can actually claim that if they
provide that paid sick leave they can
claim it in their taxes at the end of
the year and so um I just as much
information educational information that
we can provide to our community about
these funds and other funds to me feels
just really really critical like it's a
huge moment and I don't I want to make
sure that we leverage it to maximum
capacity um and then the last thing I'll
add am me just in terms of budgets I
think that after our transportation
sustainability and infrastructure
committee last week we heard from
transit and you know we know that
Transit has been definitely hard hit and
so um I know that there is a ton of
those Transit like you said they're
competitive of course but um to me those
Transit grants feel like um one of the
biggest priorities as well yes uh thank
you mayor um councelor bomo uh just a
couple of comments and then I'll uh let
EPO uh discuss a little more um yes we
are waiting for the final guidance from
treasury um before we can really
identify these um I think you know one
of the ways that we can certainly be
transparent is to utilize some of the
plans we've already uh created with the
community um such as Elevate lost crues
um we can come up with a um you know
objective measurement um to rank various
projects that might come come forward
and yes um Transit is always on the top
of my mind uh dreaming of getting that
Transit facility completed before I
retire is one of my uh personal goals
and uh that I have a long way until
retirement so I'm hoping it happens a
lot good I'm glad I thought you were
like breaking news right now or
something no no no I'm I'm a long way
from retirement but I still want to see
that facility done and so um so yes we
are working um actively with every
department on where they may have had
some lost revenue or some negative
economic impacts um to identify and
bring forward and then um if EPO is on
and would like to comment more about uh
the process he's been thinking about for
how we'll bring those items to you um
that would be great if he could comment
thank you so much
Amy thank you Amy and for the
presentation and uh counselor uh mayor
and
Council so so like Amy said I mean we're
waiting on our final final guidance
um once we get that we can come back
with the plan of what we can actually
spend and you know get get that all uh
nailed down but couple couple things
that we we just had a discussion in our
executive meeting uh team
meeting um you know if we look at
operations if we look at things that we
can we know for sure we can spend on uh
what happens is we're able to Route the
money that we would normally spend and
be able to free that up so all all it
does is frees money up on the backend uh
for us and so it gives us more time more
flexibility in some cases to be able to
do what we we want to do with it as a as
a city uh you know there's some things
on our
capital capital uh projects lists
certainly priorities of our budget that
we we know that we're trying to find
money for and if there's a way to Route
some of our operations expenses so that
it can free up money on the back end
that's something we've looked at as well
but once we do get the final guidelines
we'll of course come back with the plan
for Council to to look at I I think if
we just came up with some suggestions
and uh you taken from some of the
conversations we've had with all of you
and um we'll have it in a in a form
where you can pick a part and and
certainly Express what you you want us
to to move forward on but
uh again yeah just waiting on on the
final guidelines but that's that's kind
of where our mind is at right now is
what operations what things that we can
you use to be able to Route some of this
money and and make it up on the back
end so thank you so much Amy and EO I I
appreciate that and I'm looking forward
to those
conversations Council bomo I I think um
what you're talking about is uh and and
I suggest that business owners contact
their Tax Advisor but I believe the IRS
came out uh starting April 1st of last
year through um I think the end of the
year and I think they renewed it again
with this new act that if an employer
paid out family medical leave or sick
leave due to covid I believe they get a
tax credit on that so I just suggest
that they contact their their tax advis
onk and mayor that was extended through
September I believe right right the new
this new law goes to September 30th 2021
so okay very good thanks for bringing
that up I believe it's a mayor
pm thank you mayor thank you Amy um I
would agree with councelor um basz that
um we have a exceptional Grants
Department kudos to you and your staff
of is it now two or three because we're
not very big right May counselor uh
gandra we are still at three people
we're fully staffed at three people um
so you know uh I we can always use more
because there are so many grants out
there we could pursue but um we are
doing great with what we have and I'm
I'm PL pleased to see them and have them
with me every
day I I I bet amyia well we know you do
a an exceptional job and and kudos to
you all with such a small group um but
my question is to you there's a as um as
you were um um listening to um Senator
Ben Ray luhan's presentation with the
rest of the group I was on there as long
as I could have to get into before I had
to go into my next meeting but there's a
lot of moving parts and so I want to
make sure that um I I think we're all
confident that you're going to go with
as you know to try to get as much um
grant funding as as you can as it is
made available but do you have the FTE
to be able to do do that especially with
a number of subject matters right and I
just want to make sure that that that
you have what you need so that we can
get the best right bank for our buck so
to speak um and and then what's a plan
if if maybe you know we're going to have
a certain level of priorities and we're
going to need help and and how does that
get um communicated to Mr peely and and
his executive staff right thank you uh
mayor s gandra that's that's very um
wonderful of you to think of us uh right
now we are at a point where we can
handle what comes out now depending on
the number of competitive opportunities
and whether the current uh
infrastructure bill goes through that
will provide us with additional um
opportunities to um to process some of
those are quite detailed um grant
opportunities that you have to go
through because most agencies rather
than create something new or something
simple will fall back on some of their
standard processes to get it out and to
get it to the community as quickly as
possible um and so of course right now I
can say yes we have the the a number of
FTE we could always use more um Leanne
is wonderful about identifying when we
seem to be getting underwater we do have
um a contractor that we've used in the
past to Insight consultancy I think all
of you know that and we could go out to
um get quotes from some of those kind of
organizations to assist if we're in in
shortage they are wonderful about
dropping everything and and assisting us
um and so that is an opportunity that we
could look at or some other um
organizations similar to that one of the
challenges that we see as we continue to
move on is the ability to provide the
match that some of these larger programs
need at this time everything looks like
they're funding us at 100% um but some
of them may um have uh for example neh
and Nea require a one one toone match so
um providing that match amount is it may
be somewhat challenging for um for some
of the competitive grants that's what we
kind of foresee in the next year to year
and a half is that ability um and so uh
eepo has been wonderful about helping us
identify how to get additional help when
we need it so thank you for thinking of
that ma'am thank you Amy for that um
response I was hoping you would say and
mention Insight um um thankfully they've
they've really helped right um us
organize ourselves you know to just get
get more more funding um and um they've
been tremendous so I would recommend
that we you know sooner rather than
later inform them that this is coming
down the pike we'll probably need some
help um um in Rel in relation to some of
these more competitive or all of the
competitive grant opportunities I think
so I appreciate you saying that um then
on on number six excuse me just one
moment um mayor council gandra um I must
say that we have to follow our
purchasing policy when um hiring
consultants and insight consultancy is
actually working for the county at this
time so we'd have to make sure there
wouldn't be a conflict of interest on
any of the things they might be applying
for that we would also be applying for
so um just a a little bit of background
there they they have been able to expand
their their Horizons quite a bit through
our their work with us so um we would
just have to identify what opportunities
they could help us with and what they
couldn't I I appreciate that I was under
the assumption that they were still
under contract um from the last time I
asked and so right no their contract
ended uh January 31st of 2021 we brought
them in for a one-time um proposal that
we needed to get done in March um that
we were very strapped on um and that the
city manager's office authorized us to
hire them for um but they do have a
contract with the county at this time
and so we just need to be um considerate
of what their conflicts might be with us
well I appreciate that and I I wouldn't
understand what a conflict would be if
we are in the county um and we should be
coordinating and collaborating our
efforts with the county and what a what
a grant proposal it would be um You
probably don't see very many city and
counties working together on a
competitive Grant right so I'm G to put
a plug for that because I always believe
coordination and collaboration is the
best thing at this point so I don't
really see the conflict but you all
figure all that out um moving forward
thank you yes we will yeah um and then
Amy on six I'm glad we're here on this
um particular slide I had some question
um well let me back up just a little bit
um I see this just as kind of an update
to to the um arpa and kind of what is
going to be made available time frames
those kinds of things but my
recommendation would be to EPO is to um
have a work session where council is is
um is really denoting right um
designating the priorities based on the
needs assessments I like councelor
beno's um wording there and her
recommendation I think this needs a
is super important yes we have former um
or or past surveying and such but things
are so different now for a lot of our
members in the community our businesses
our
nonprofits and and so H whatever that
looks like I think we should either have
focus groups as well um to to really add
to what are the priorities should be
moving forward and then a work session
so that Council can
again to note what those priorities are
going to be moving forward that's one
thing I wanted to say um the second
thing is is is as I mentioned we have a
lot of elevate L crues and um we I know
we have a Broadband group that's meeting
City County and other um representatives
and it it'll it'll um I think it's going
to be wise for us um that we have done
that given what we're seeing at the
state level right with funding and
different opportunities those counties
and actually municipalities that are
more organized are probably going to be
able to land um you know some funding
sooner rather than later and so one of
the priorities I want to say for me is
the Broadband um um especially um for
our for our schools and I don't know how
much effort we've put into hearing from
our schools um
both at a at a a local level and at a
higher ed
um and just residents right where those
hot spots I know that I I've said this
before that um um do it from the state
of New Mexico did a uh provided a a
great presentation to success
partnership related to sort of our
barriers gaps you know where are the
needs and I shared that with Scott um
and and um EPO um and and so I we don't
normally see those kinds of things
although Council has been uh amazing to
prioritize um Wi-Fi in our parks and and
whatnot but this for me the Broadband
infrastructure is something that I
really want to um see happen and then
Amy the essential workers
piece um I'm assuming it as it relates
to the city of Las cruus and those folks
that were on well all of our folks at
some point in time sure we had the
essential workers working but and we
gave some
some do we call it extraordinary pay I
don't remember the terminology but what
are
we how would this work with um
businesses or folks
that and I guess I I I know the answer
probably but I'm going to ask it anyway
um how do we sort of help our impacted
essential workers to include like our n
our our um nonprofits and sort of our
private businesses without um hitting
the the the particular law that we have
with um and why is the name escaping me
anti-d donation thank you anti-d
donation yeah
um and and and so how does a city s sort
of help um you know sort of more
globally
um in in that H is there is there some
things that you're thinking about
related to this that's a great question
councilor gandra thank you for that um
so one of the ways that the respond to
or mitigate negative economic impacts
for these residents businesses
nonprofits and local industry is that um
we can develop a grant program similar
to what we developed previously that was
funded by the state uh for local
businesses and nonprofits um there's an
application process we could limit it
for what they um have available to do
with the funding um there are a variety
of methods that we could set up with
that um that we could link it to the
essential pay portion of this or the
premium pay portion of this but the
premium pay portion is really intended
for government and uh workers government
workers that work through the crisis
rather than businesses or nonprofits but
we could do something um similar under
this other uh category um that would
help local businesses and nonprofits
again we can do a lot of that work
through our Eda uh or through our
Economic Development Department but we
can also do it through nonprofits that
would have um provide for um meeting the
anti- donation I believe that um
Jennifer Vega Brown is on she might want
to comment on that uh as well as to um
but that is something that we have to
keep uh in mind as we look at all of
this is that you know we're one of the
unique states in the country that have
anti-d donation so the majority of
states are not going to or local out um
municipalities are not going to have the
problems we have in in distributing
money um to Res to individuals
businesses or nonprofits that that is
unique to New Mexico um and we're all
going to have to struggle with that so
uh if Jennifer if you're on could make a
comment about how we can um make sure
that's kept in mind on all of our plans
that would be
wonderful thank you um mayor and Council
I'm not I'm not really sure what you had
in mind if you um we will'll review
everything of course for anti-d donation
um I I don't know if you have what you
have in mind if you want to have a
general policy that we use to follow
when we're reviewing these things um the
problem that New Mexico has a lot of
states have something very similar to
anti- donation Most states do but it's
more clearly defined in other states and
and other states have some ex a lot more
exceptions that are part of the law our
law doesn't have very many exceptions
and the area is just so gray I think
that's where New Mexico has all this
confusion because it's it's not clearly
defined but if you um have in mind a
rule or some kind of review process I'm
happy to entertain that we we're
usually um included when these types of
reviews go through so we try to catch
them but if you want something more
standardized we can certainly do that so
if I may jump in real quick mayor protm
and Jennifer so I think and it's a great
question that mayor proam posed but so
Jennifer remember a while back when we
had money we had grant money that we
were given out how was it that we were
able to do that
uh to businesses or who needed it and
not violate the anti-d donation clause
and I think that's where where May Pon
was trying to get at and I'd like to
know too how was it because it was
Federal monies used for that purpose
that that allowed us to uh not have to
conform to the anti-d donation
Clause yes thank you mayor and Council
this is Jennifer Vega Brown yes that's
exactly it if it was appropriated for a
specific thing there there was an
appropriation for a very specific thing
from the federal government and from the
state government so that's it and I
donation didn't apply to that part of it
okay so then I guess the question would
be if we could look into arpa a little
bit further for that clarification and
see if there's any wording that would
allow us that that opportunity to to
Circle back and do something similar to
like what we did with the with that
grant funding I think is what council
probably would like to
see yeah mayor Pro May yes I'm sorry yes
we will look into that
okay good yes yeah thank you I I just
you know I don't want to be labor stuff
I know this was just an update to inform
us about the about arpa and whatnot and
and I hope that sooner rather than later
that we have a work session very
specific to this so that all of council
can think about different things that we
think should um you know we should be
prioritizing based on on data um I don't
know how quickly we can turn things
around I think about like a leakage
study that was done through Economic
Development and some of our harder hit
Industries like um tra tourism and
Hospitality
restaurants um and then I think about
our our essential workers that every day
would go to work um and providing food
and um you know especially during those
earlier times when there was so much
fear and continues to be so much fear
about I I don't know how much more just
because of the vaccines but I want us to
be really um creative about how we we um
use this obviously following anti
donation um but I I I definitely want to
have a a a different work session and I
think Amy that's what you were talking
about the count the county kind of
having their work session right that's
what I'm assuming is happening very
specific to how they're going to use
this funding or the kind of priorities
and to me I just see this Amy as you're
informing this is what it looks like
right given and I super appreciate that
um because this is so helpful and then
understanding um how we're going to get
all this information out to the public
but what will the city do very
specifically uh to address the needs
um um that that we found during covid um
and moving forward so um I appreciate
you and your staff um and I really look
forward to the work session that I hope
we can have to discuss in in at more at
more length yeah thank you mayor okay
thank you mayor uh councilor gandra just
a quick note uh I believe the commission
meeting tomorrow is very similar to
today's meeting that I'm presenting to
you although they have developed a uh
priority um scale on um some of the
programs that they will apply to each of
the uh ideas that are put forward for
them they have developed that um I have
asked if that could be shared with us
and I believe that we'll receive that um
and that that's something we could
similarly Implement um just a couple of
notes on essential workers we don't know
if we'll be able to go back to the
beginning of the crisis to help those
workers um and on the essential workers
it's very important they have very much
uh clearly identified this is not to be
a bonus and it's not to be a permanent
raise so it is um meant to provide some
back pay to essential workers that um
for that brief period of time when they
were working and until we received the
um the information from treasury on May
11th uh we really don't know how far we
could go back with that um and remember
that you have we have three years to
spend this money um so we don't have to
make decisions today or tomorrow on what
we'll spend it on we have a little bit
of time to say here's a clear priority
for right now but we'll look at some
other priorities later on uh just as a
suggestion but uh we do have some time
to spend it where there's no um time
limit on when we make our decisions on
the projects that we we want to follow
so just as a quick reminder there thank
you thank you thank you
mayor all right I think that concludes
that presentation part was that it Eric
on the covid-19
update yes mayor that was it thank you
okay
great okay so we're going to go ahead
and go to the agenda items we have item
4.1 which is Council rules and procedure
and City Attorney Jennifer Vega Brown
will be
presenting thank you mayor and Council
and I apologize um there's no PowerPoint
because I didn't save it I guess I could
only find part of it so that's
completely Jennifer user air So
Christine is going to help me share this
so I don't mess that part up but um I'll
just go through my my notes with you as
you know since about
2019 we've been trying to finish up
these rules of procedure and it just
keeps getting
delayed um I'll just talk to you very
briefly we had some I had meetings I
think with everybody on this city
council um individual meetings we did
not share information from what other
councilors thought it was just a
one-on-one with me um and giving input
into what each City councelor believe
the rules of procedure should include um
this draft has been shared a few times
everybody's had time to review it the
only change since the last time it was
shared there were two U minor changes
one of them was the um conflict of
interest definition that was um
broadened just a little bit and I
believe the other one was the um that
would be 3.4 and then the other one was
3.5 so I think those are the only major
changes that have been
made um the rules are intended to
provide just a general guidance to the
city council as to how both legislative
hearings and quasi judicial hearings
should be conducted I think we've
expanded them a little bit so that they
include things that help you in your
day-to-day operation as a council um
those are minimal because the main focus
of rules of procedure are to keep you in
compliance with the law whether that be
um a local ordinance federal law or
state law and so primarily when I'm
looking at something like this I'm
looking at um um procedure that allows
for a fair process um so there have been
other suggestions that have were
recently made and I'm going to add that
Amendment at the end it hasn't been
incorporated into this draft yet but you
will also see that as soon as we're we
go through these so if you want to just
go through each section or if anybody
has any specific questions about things
that um have been added just remember
that you have rules of procedure some of
them are included in the charter some of
them are included in the ordinance what
I thought would be easiest is if you
have one document where all of those
rules are and then you have some
additional rules because we're really
lacking in the Quasi judicial proceeding
rules and that gets a little confusing
when you have um for example when pnz
has an appeal that comes before the city
council it's a little bit confusing in
how that should run so that rule for
that is is in here is included as well
um there are some rules about public
participation um that is is left
entirely the chair but there are some
specific rules about how the chair can
limit that if it's necessary so
sometimes that is a bit
helpful um the most important part of
these rules I think are to establish
your expectations for um your boards and
commissions they these rules will also
apply to them so once you establish
these by resolution each board and
commission will have to use them as well
and it kind of gives some consistency
and some predictability which is
important for
transparency as long as the public has
access to them they know what what can
be expected and what can be anticipated
at each
meeting so if anybody had any general
questions I've tried to include I have
included when a rule was already
established by the charter that section
is included in this draft or if it was
already included in an ordinance the
ordinance is also referenced so um there
will be a reference to each section if
it already exists that way you'll you'll
be
aware um for example on if you look at
rule
2.3 um I included at the end of that the
Quorum these are rules that are
generally included in rules of procedure
you have that established in your in
your city ordinances and I referenced
the article and the section for that and
that's done throughout so if there's
already an existing rule the section is
quoted and it's
cited so don't I think there were a
couple of specific questions if anybody
wants to open that up for discussion did
you put the three minute uh limit of
council member speaking in there
that was in yes well I didn't but that
was a suggestion
from really several people that there
should be a limit that can
all I didn't I didn't put it in there
you did that that can always be waved
and it can always be changed and one of
the best well a good part about this
this is by resolution this is not by
ordinance so it's it's easy to amend
it's a living document and as things
happen and you need to adjust that can
always be done quite easily actually how
mayor Smith used to do it was uh two
times he didn't care how long but it was
just two times you could talk first time
and then the second time was followup
and I and uh that I thought that worked
out pretty good but so far I think we're
doing
okay uh let's see councelor floes and
then councelor
Vasquez uh thank you mayor and thank you
Jennifer um so um so this is an
ordinance or just a resolution you said
resol resolution right yes mayor and
councelor fles this would be passed by
resolution okay so um 4.1 and
so this 4.1 and this 4 point and three
and then subsection 3.4 what um where
where are they they're I mean it's not
an ordinance we're proposing a
resolution and it's is it out of our
Charter or I I'm I'm just trying to
figure out um for example 3.4 you added
conflict of interest has been added
but um okay 3.5 has been added but where
do they come and you said some of this
is in our Charter
but I don't I don't know where I'm just
wondering where Charter mayor and
councelor Flores here's the when I first
came to the city of Las Cruses there was
no singular um location for rules of
procedure so there was a lot lacking
there were some rules that just didn't
ex don't exist so um after talking to um
a few people before this was four year
you know three and a half four years ago
um what I did was I went I did a survey
of cities that are the same size um as
the city of Las cruus or similar in
other makeup um there were probably
about 12 cities that I chose from about
three or four in the state of New Mexico
some in other states to see what
subjects are usually included in rules
of procedure so that's how it came up
with the um the table of contents these
are the things that are normally
included in rules of procedure for a
city council and then I made a compiled
that list of the most common topics and
areas that are identified and addressed
in rules of procedure and then went
through each one to see which one would
conform the best to what we need and
that's um so confidentiality is normally
included in something um it's normally
included in rules of procedure we didn't
have it and so we in I included a
confidentiality this is based also on
our city policy some the city of Los
cusis has Personnel rules and in those
Personnel rules there is a
confidentiality rule so it's basically
incorporating that and making that
applicable to the city
council and some of the numbering um on
this draft still has to be fixed we
added a few things and we're going to
add a couple um we're going
to talk about one of the proposed
amendments um today to add so the
numbering is off and we I'll have to
renumber everything but U so generally
that's how the topics and each
subheading came into being so I did a
survey I saw what the best practice
would be what most cities have and then
um added in the things that we did not
have Okay so this is in addition to what
we have in our city Charter and in
Robert's Rules of
Order which are also advisory so this is
like an advisory or a guide but not not
an ordinance so so there's a lot of
wiggle room for the chair or
participants yeah no I think so um can
you go to the public participation
art
what if if if Jennifer if she
can
you know because we try to especially um
when we go eventually go back to
inperson meetings but you know there was
some people during last few last year
that were so adamant and went so far to
go to the attorney general and report
that we weren't allow weren weren't
reading all their emails and attorney
general said you know what they they
don't have to they they just have to you
just have to be able to view it and so
you know I just want
um we do our best to to you know allow
them okay well I'm sorry mayor I'm I'm
back I lost my connection okay no
problem
um
okay okay a minimum of two minutes okay
yeah because I usually let them have a
little bit more so okay good that's good
so you you just put the minimum in there
not the
maximum
thanks but it's
also
voluntary well yeah it it is and you
know for the most part we'll let them
speak you know just and it all depends
on
who you know is going to speak I mean if
there's 100 people we're not GNA you
know in three minutes it's probably too
much usually I'll limit it down to a
minute or so but I mean I try to balance
it out like that so I just do on the
cuff yeah well you you've allowed people
to uh especially like when the when
there's an appeal like the zoning from
the pnz and that's a you do allow people
to like when they're you know the entire
Chambers is full you allow up to about
what like one person or two persons to
speak on behalf of the entire
group that's
fair uh any more questions councelor
fotus before I go to the others no no
thank you thank you okay councelor
Vasquez and then councelor bet St thank
you mayor um thank you
Jennifer uh you know I I think that this
is a good step towards professionalizing
um our um city council um and
administrative code and I know we have
talked um for quite some time I think
about various elements that are included
in this um uh particular update to our
rules of procedure or to include our
rules of procedure um with some updates
and uh I think that's a good thing um so
I appreciate it and I think this is the
right way to move once we all can agree
to some of the um rules that are
included in this document the the first
question I have Jennifer is around the
the conflict of interest definition um
and I know that that um in the past has
been very explicit on uh financial gain
I think right I think that's the way
I've heard it uh described before and I
believe maybe how it's in our Charter
but um this particular update has new
guidance
um that states Financial or otherwise
and so I think just the word otherwise I
think can be interpreted in a million
different ways and um Wanted just to get
your thoughts on the philosophy behind
including such a broad definition of
conflict of
interest thank you mayor and councelor
Vasquez um so it was suggested that
um we kind of broaden was included in
the ethics ordinance there is a conflict
of interest in the ethics ordinance
there's also a conflict of interest in
the rules um the Personnel rules um this
one is more of a perhaps not a a a
non-financial so I'm trying to think of
an example an example might be um for
somebody who's on a border commission if
you have um somebody who's on this is
completely random so if somebody's who's
on P z um they may be on on that board
but they may also have an affiliation
with I don't know a real estate agency
for example and so that's not
necessarily a financial um but it does
present a conflict of interest if if the
city's doing business with a certain
area that we're trying to acquire or or
something like that it's not necessarily
a financial but it could be that you
have somebody who's like on a on a
nonprofit board and then they sit on one
of our commissions that could Conflict
at some
time okay and um and that makes sense I
I agree I mean there's there's
situations like that I think I've seen
here since my time here um and so I
appreciate that being addressed um M
might it make more sense to instead say
otherwise to say Financial or a conflict
that serves one interest that could
involve working against the other or
something like that or against the
interest of the city in a
way to more accurately say what that
otherwise is um
oring yeah or if I may jump in real
quick or just go to a vote put something
in there that allows the the that that
particular board if they feel that you
know after the member states are
conflict some may think it is some may
think it isn't and just vote on it and
you know just like uh whether or not
they they want to move move forward let
them let them Vote or not they say no
then majority says no Then they step
out yes and mayor and councelor Vasquez
in that second sentence of section a um
it does kind of state that we I can it
can be more clear a conflict of interest
may exist when a personal interest or
organizational interest might adversely
affect a duty to make decisions in the
best interest of the third party so
it's kind of a dual interest that it's
kind of it can be stated more clearly I
can state that more clearly but that is
what that means that your decision
there's a third party which the third
party could be the city um but your
decision making on this this
organization could adversely affect the
city so but that could certainly be more
clear I yeah no I agree I mean I I think
um yeah just I just want to make sure
that that otherwise partic that category
of otherwise isn't uh it to me is not
directly connected to that other
sentence um in terms of the definition
of what that means um so I appreciate um
some word smithing there I think just to
make that what that otherwise is
intending to say which I totally agree
with um and I agree with the mayor too
in terms of the vote on um perceived
conflict uh if if that is the desire um
and I would say I mayor I don't know
this may be a question for you but when
often you know here on this body uh
folks declare that they may have or want
to be transparent about a conflict of
interest such as you know a a family
member or um spouse whatever it may be
serving in a position that you know
impact some decision we're going to make
or whatever it might be and sometimes we
I think all collectively agree that it's
probably not a conflict of interest but
we appreciate having that disclosure um
would that be then the call of the chair
to call the vote
um or would it be a mandatory vote every
time that somebody expressed a conflict
of interest that might be something else
to um to just make sure it's clear if uh
if that is going to be a change in this
policy I'm sorry you may want to
incorporate either the you know the the
chair or the majority of of Quorum can
you know because what if the chair says
I don't think so and then the majority
say yes I do then as long as you have
four members or more then they just
bring it up to a
vote can you I don't know how you could
word that I'm sure Jenifer can put that
in there yes um mayor and councelor
Vasquez I can word that we can add that
into section uh we'll make a section F
of how to deal with the conflict
generally that is how we deal with it
but we can we can certainly say that and
what the mayor just said that it can be
determined by um the chair or the
majority that it can come to a to a vote
for a decision
making um I think think also as
councelor Vasquez you made a good point
in section A and um I'll have to work on
the wording of that a little bit because
I think people have to understand that
just because you know somebody doesn't
mean that there's a conflict of interest
um a conflict of interest is involved
when you're on opposing sides and your
decision can adversely affect the other
side so if you're on the same side
there's no conflict and if you are are
um not voting on something where there's
a financial interest but I think it can
be made more clear so I will try to do
that and then present something to
everyone okay excuse me and Jennifer you
made a comment about pnz is this are
these rules just going to apply to
council only or us and any boards that
we
appoint um mayor and Council um at the
beginning I believe let me double check
at the beginning the purpose is to apply
to boards and commissions okay okay good
right uh councelor vosque were you
finished um no I do have just one other
comment here on
um um sorry sorry uh so in section 3.5
non-interference with
Administration um under item
F uh Personnel matters it reads public
officials should not direct the city
manager as to City personnel matters
city council is responsible for
personnel matters related only to the
city manager
um I I again I agree I think we hire the
city manager to make Personnel decisions
um I think often there can be a little
bit of a blurred line in terms of just
what the council's role might be as a
whistleblower if there is a staff
related um concern um just in case you
know there is a staff or Personnel
member that feels like going to their
city council member um is in opportunity
for them not to be retaliated against
for a Personnel related decision or
action and so
while I just want to make sure that this
is clear enough that where it says
should not direct but maybe but can
inform the city manager of personnel
matters might be a good addition um just
to say Hey you know I don't want to
absolve my responsibility as a city
counselor not to give information to the
city manager about Personnel matters if
I have them never really run into that
issue but I just want to make sure that
there's some level of whistleblower
protection there for um addressing
Personnel
issues um mayor and councelor Vasquez do
you mean
um the wording is specific to directing
the city manager would you like to
include language that allows for the
um yeah maybe inform but may inform I I
I would like yeah should not direct but
may inform the city manager as to City I
I think that would
um perhaps just make sure that there's
confidence in informing the city manager
of those things if they come up if they
come up I
don't okay that's just my thought on
that one
um and then um
here on
the on the no okay that's it that's all
I have for right now thank you Jennifer
thank you m be before you I go to the
next council member um right there on
item e you don't think that should be
unless requested by a city manager and
not staff because what if what if the
city manager um but you know wasn't
requesting it and and it seems like
staff can requested and that kind of
usurps the city manager was that meant
to be staff or was that meant to be city
manager unless requested by city the
city
manager uh mayor and Council that uh the
request was for staff you can certainly
change that I don't know let what does
council
think mayor since I had the the section
here if I may chime in real quick I I
mean I think I've been in instances
where I've been asked to participate as
a uh to represent my district in a
matter of my district without I don't
know if the city manager has always been
informed of those I may assume that they
have but for example like a community
meeting on a new bike path um right that
they are working on for the active
Transportation plan and they want me
there or they want to council Gand there
um that's happened in the past right a
couple of different times and I've
showed up to those meetings and I don't
know if the city manager was informed or
not but I thought it wholly appropriate
to attend a meeting with the public um
on that so I don't know if it should say
City staff and manager or with the
consultation of city manager I I I think
the city manager needs to be informed in
there somewhere because I I want you to
think of yourselves you know you're a
manager I think most almost council
members have all been in positions of of
authority but imagine a member of your
staff meeting with
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um uh their a board director you know
and you not know about it I you I don't
know if you the guys would like that I I
know no I wouldn't um I think if I think
the city manager needs to be put in
there somewhere even if it's just um
consultation like you said that's fine
but as long as they have a heads up
that's the last you know and also I
think you're also doing it it helps the
city staff Doo because that's just not
it's just not proper that just doesn't
to me doesn't sit well I think the city
manager needs to know when his staff is
meeting with any council member at all
times in my
opinion and the the public meeting is is
another is different I'm talking this
this makes it seem like it's very
broad 10 meetings with
staff yeah and so maybe we can add with
consultation of the city manager or
attorney um since I think
that's what the other definitions have
included both the manager and the City
attorney but I agree with that
um just to Mayor and councelor Vasquez
just to just to be clear the City
attorney shouldn't
approve well it's my opinion that like
if there if a council member is going to
go to a meeting the City attorney
doesn't need to approve that I think
that would be consultation of the city
manager um the reason that it says this
does not include the City attorney is
because um council members can ask the
City attorney a question without
permission from the city manager to ask
that question so that's why it's
included in in that portion but not it
doesn't have anything to do with um
meeting attending a
meeting um if if I may just a mayor
sorry um just but what if it's a meeting
with staff to about the city
manager then I would want to ask you
right so yeah just a thought counselor
then you need to you need to let us know
and then we call a closed
meeting that's just a hypothetical in
terms of just making sure that if that
ever happens it they can't be used
against you know the rules of procedure
not that it ever will but you know the
legal the legal the legality of words I
guess matters um even though this is
just a resolution but uh that's it for
me mayor thank you thank you counselor
ba the
stbi yes thank you mayor um and thank
you Jennifer and uh councelor Vasquez
for your questions um I had one
clarifying question as we are adjusting
the language for the conflicts of
interest um for Council um since we also
apply this
to uh staff other members of the board
um this all of our language will be
matching then for all those statements
in Personnel correct well we'll end up
matching
everybody
mayor and councelor baa St I turned off
my camera because I keep losing
connection can you repeat your question
I apologize oh that's fine um my
question is with uh the conflict of
interest statement as we've adjusted the
language here I know um during our board
members we always say any member of
council City staff um I'm just looking
to see if we're going to match um this
new language to the whole um group for
City staff for Council and for members
it's going to be inclusive of
everybody um mayor and councelor St yes
it would match all commissions and
Boards should match this and city
employees have their own Personnel rules
which do align with this so city
employees have to still adhere to the
Personnel rules but yes everything else
should kind of it should remain
consistent um this is a broader
definition so it will have to be
incorporated and if the resolution if
there is a resolution that passes your
rules they would be immediately provided
to all boards and commissions and we'll
start doing um work sessions with them
to inform them okay thank you um I just
want to make sure that there's going to
be a set standard for all those
interacting in these spaces as well um
and then this other one it's pretty
minor but in 4.4 the use of electronic
equipment um with cell phones uh it says
that the you there should not be the
use um to be distracted does there need
to be any language um that also States
in case of emergencies because right now
it just only specifies to you can only
use it for for an item relevant on the
agenda um mayor and councelor Bea sty
this language was taken from a
resolution that was passed and I can't
remember the year I believe it was 2019
it could be
2020 um it's probably 2019 the city
council passed a resolution regarding
the use of electronic equipment um I
think that it's specific to electronic
equipment that was distracted acting um
I think there was also a concern
and way back then Jennifer it was a
political Ploy by a predecessor in
District 2 not you counselor B sty that
was done in
2015 uh that that was just didn't you
know claims that they that people were
using their cell phone too much and and
that's it that's why and and that's why
we passed it because it was an election
year and just go along to get along
no nobody really abuses it I don't see
anyone talking on the cell phone you
know once in a while you we we have to
reach out to council member if something
if they forgot to come in or I don't
know what the heck happened you know get
a hold of Staff or something you know
just happens I mean how get it when I'm
when people are trying to enter our Zoom
meetings we usually need to have our
phones on hand to deal with any issues
and stuff like that too um and so I'm
just and then with this day and age most
people don't use um home phon so if
there's an emergency or something like
that that's where they will be used to
get a hold of the person so I'm just
wondering if we need to have updated
language or look back on the resolution
that had that yeah you know and I told
that council member that hey my dad at
that time was still alive and and I had
to have my phone on and my mom you know
thank God she's still around and she's
91 I you know have to have my phone on
when my my brother calls me I answer
that phone you know I'm sorry I just do
whether you know that that's just the
way goes so and and mayor and councelor
B the sty this this came up after um and
I think there was a we had an IO request
and I can't remember what it was for but
um somebody was alleging that there was
an open meetings act violation because
um the city C two City councilors they
believed were discussing an agenda item
via text message which would be an
violation um there was no way for us to
prove that there was no way so I think
think that that's why this got renewed
the interest in this section got renewed
I don't think it's necessary to be um
very specific I think it as long as like
the mayor said as long as it's not
distracting and we're not violating the
open meetings act you can use your
phones that's it's not an unreasonable
thing it's it's expected that you're
going to gather information I think
somebody had accused one of the city
councilors um a few years ago of they a
question was asked and they got some
information off online and then they
read it and they said that was an open
meetings act violation it was not and so
just things like that I think that's why
um this was included because it was
already a resolution and what we did was
we gathered the resolutions that had to
do with rules of procedure and then
tried to include them but this is pretty
broad um and like the mayor said
everybody's going to use their phone
there's no way around that okay
okay thank you uh thanks mayor thank you
see Council bomo thanks mayor and thanks
Jennifer for getting us these documents
just to clarify will you be talking
about the logos later after this
or you mayor and councelor bomo yes
there's a um a proposed um addition and
I'll we'll share that as soon as we're
finished with this discussion I'll we'll
share the screen yeah okay so I'll save
my questions um yeah in terms of the
conflict of interest I think given that
I just recently had to do this um and
you know I recused myself from a vote
and we turned off the camera but there
was I guess I'm curious in terms of when
does a pro process procedure come into
play versus when like I knew I had one
right and I decided to pull myself from
that mayor did the same thing with
another resolution I'm just curious
though at that point for example him and
I decided that it wasn't brought to a
vote I'm curious in terms of what
triggers that process
then um mayor and councelor bomo
if if you believe there's a conflict and
you are stating it then the council or
the mayor can determine um as the
language we're going to add normally how
we do it now is if you say I believe I
have a conflict the council can just
agree no you don't but don't forget you
can have a conflict of interest and that
conflict can be waved so just because
you have a conflict doesn't mean you
have to remove yourself so um okay I
think if you're requesting to wave it or
if you're requesting that any one exists
you can choose on your own to just
remove yourself if you believe there's a
conflict there's nothing in fact you you
would be expected to remove yourself
even if there's not a per se conflict if
you just think it's just improper you
can always remove yourself okay is there
language in here about waving asking for
a
waiver from the no there's not we can we
can and I think um to clarify that top
portion We'll add I'll add the language
in and present that yeah I think that's
super helpful
um let's see um yeah I also had I also
actually did wonder about in terms of
like these applying to the council as a
body but then also in terms of like when
it says the chair if those kinds of
things apply to then us as individual
chairs of our prc's right like how does
that all play in
here mayor and Council bomo yes it it
would apply um to the chair generally in
any commission or body okay okay great
and then um I had a question about on
3.3 C and I apologize mayor I'm going to
have to put you on the spot a little bit
but I always just sort of had curiosity
around um and I'm gonna be very specific
but I'm sure it can be generalized I
just have this on my head because the
legislature just ended um in terms of
when the body makes a certain vote to
support something or not support
something and then an individual one of
us wants to Advocate on that issue
whether it's opposing to what the
council voted on the majority of council
voted on or not so like marijuana you
guys voted for it and I voted I didn't
voted against it and and I made contacts
as many as I could in the legislature to
try to stop it yes correct and again so
I I apologize for putting you on the
it's okay don't worry about it yeah I'm
I'm well I'm well within my rights to do
that right okay so given that you are
within your rights to do that I just
wanted to to make sure that it was I
think that that's made clear in here and
I think you do Jennifer I know that you
said like this is my opinion and that
not that of the entire Council and I
just want to make sure mayor I'm sure
you're doing that but I think it's just
important that I wanted to raise that
because it was sort of really present
for me would would you believe that's
the only time I've ever done that I've
never reached out to the legislature on
anything other than you know for City
stuff but yeah right okay just not let
you know kind of interesting
right so I guess that's right so that's
my question Jennifer in terms of
like making that clear around like our
own individual advocacy versus like the
majority of council decided this
thing do you understand what I'm saying
mayor and councelor bomo I'm not really
sure of your question do do you want to
make it more clear when when you're
speaking on your own personal opinion um
more guidelines as to when you say that
I you can always have your opinion what
you what this rule prohibits is that you
cannot say that that's the opinion of
the entire city council unless it
actually is okay but you can always say
you you know each each council member is
going going to have a different
perspective on just about anything and
you can speak to your perspective you
just can't represent that as the POS the
official position of the city council
okay no that's very clear thank you um
my last question was around the social
media piece and so I really appreciate
this I think it's so important to have
this as as you stayed in here the
growing changing environment on this um
I'm curious Jennifer do you see a
difference between do you differentiate
between like a social media account
that's very much designated as like this
is my public elected official account
versus a personal one or do you not
differentiate that once you're an
elected official social media accounts
are you know public
record um mayor and councelor bomo
um I think well one of the kind of
confusing things and I I just realized
we I didn't do that um to include this
city manager policy
1.12 and our rule 3.3 it would have been
more helpful if you had those in front
of you because we're trying to stay
consistent with those so I will send
those to you and then when we do a final
draft make sure that um everybody
understands what that is it would be um
social media sites in which you are
discussing public business okay so it
you doesn't matter under what name
you're using those
essentially right
because um it could be IAD even if it's
on your personal account but you're
talking about City business because
you're a city official that we somebody
could IA that okay that's very helpful
to understand um and that is all my
questions Jennifer thank
you okay next is councelor Flores thank
you
counc thank you mayor and thank you
Jennifer um you touched on personnel and
um but I I don't know where it is on in
your
presentation um regarding our
relationship with um City attorney city
manager um so I don't
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know and councelor FLOTUS that's not
necessarily covered by your rules of
procedure that's um really covered in
the charter so yeah well yeah the uh 3.5
yes yes it is covered in the charter and
um so it's non-interference with
Administration um yada yada can you
scroll down a
little let's see personal yeah F
subsection F 3.5 subsection F so 3.5
subsection F uh states that public
officials should not direct the city
manager as to City personnel matters um
as opposed to shall not so we shouldn't
but we're not forbidden I suppose that
means
that but um more importantly it says
city council is responsible for
personnel
matters
um oh the city council is responsible
for personnel matters related only to
the city manager well under Article 4
Administration uh section 4.02
subsection b subsections 1 through 7
inclusive make it very clear
um under subsection B uh the following
language uh is stated Personnel rules
the council shall maintain by ordinance
a Personnel system which shall include
at a minimum reasonable Provisions
establishing um and it goes on down and
that's in the city Charter
um so and and all seven um subsections
of subsection B of section
4.02 are clearly um clearly uh within
the charters parameters of the um of the
city council having and City each city
council presumably uh one-on-one with a
city manager having discussions about
Personnel in fact we're supposed to have
an ordinance and I was wondering number
one if we have an ordinance and and more
importantly it seems that that that
subsection F under
3.5 um is inconsistent with um it is
inconsistent with Article 4 uh section
4.02 subsection B
subsection uh
1-7 well
subsection mayor and Council flus um
there a couple of things first there
there used to be most Personnel rules
are personnel city of Las cr's Personnel
rules should mostly be by ordinance if
you look in the city um code there is
part there are Personnel rule um
ordinance there is a Personnel
ordinance the problem that um I've
identified and we've talked to our
former um HR
Director at some point the Personnel
rules were removed from city ordinance
and they were changed into city manager
policies
um that was done before I got here I
think just a couple of years before I
got here and a general ordinance was put
into place right now it has been um my
suggestion and advice that we move the
Personnel rules back to an ordinance so
that we can be aligned with the charter
okay those specific items and that
that's going to take some time um we've
I've been I started the draft and then
as you know Co happened and we got
sidetracked with a lot of things but
that's going to be addressed um in that
we have
to take all of the resolutions that we
have had all of the city manager
policies and the ordinance and now align
them it so there's a lot that we have to
do a lot of the rules for personnel R by
city manager policy now this the charter
is specific to classification play pay
and Benefit Plan um removal those are
specific rules that doesn't mean an
ongoing discussion with the city manager
on specific employees because the
charter also says that the council shall
not um interfere with Administration so
and it does say shell and it that is so
you have to kind of balance the the
general policies are not actual
discussions in how those policies are
applied once you have a policy in place
the application of that policy is
Administrative and so that's where the
city council cannot be involved with
Personnel when it becomes that
administrative but you're correct that
these these seven things that are listed
I do believe should be more specific in
our code that right now they're not
they're in our city manager policies
which
are not even passed by resolution so
right we have I have recognized that and
um actually and I have talked to Mr
peely about that and he's aware that
this we are working on revising they
need to be
revised yeah I think yeah I think we've
talked about this but I um
yeah but somehow Jennifer then
um in in in subsection f um I I mean I
yeah we we can't tell the ma the city
manager to hire someone or not hire
someone to fire someone or not fire we
can't get involved at that level um that
that I think we all understand that um
but I I think we have a greater
responsibility um I mean this makes it
look as if we can't talk to the and
that's what previous a previous city
manager made it very clear to councelor
Vasquez and I on the I think we've been
counselors for about two hours and he
called us into his
room um his office and told us that we
were forbidden from speaking to
staff and then I remember Gabe saying
what I get elected as a public official
and and now the city is telling me is uh
infringing on My First Amendment rights
I don't know if you remember that Gabe
but it was really a shocker and then um
he later explained to me that it was
because we can't get involved with
Personnel matters well speaking saying
hello to someone in the hallway is quite
different than uh or saying what a nice
day talking to someone is quite
different than directing
Personnel um so but if is there any way
then Jennifer as far as for purposes of
of this document that you're doing um
can you put at least in parenthesis that
um or something some reference because
uh because Personnel matters is pretty
broad that last sentence in subsection F
the council is responsible for per is
respons personel is related to the city
um uh related only to the city
manager um because we can uh direct him
in so far as
um a
4.02 Personnel system you know the
subsections um B through and 1 through s
specifically and and we need to have
that ordinance that's that hope that
comes
soon um and and I mean yeah I mean this
this says the classification of All City
positions based on the duties Authority
and responsibility of each position with
adequate provision for reclassification
of any position whenever warranted by
changed circumstances so we can't get
down to the actual hiring like uh the um
HR person would but we're definitely
yeah policies and procedures yada yada
so maybe if there could be something
uh I don't know in subsection F that
makes it look as if uh we have nothing
to do with Personnel uh
matters
maybe maybe in parenthesis
say
um uh except for personnel except
for a policy regarding Personnel
system
see section 4.02 of of the code excuse
me of the charter something like I don't
know I don't know how mayor mayor and
councelor flotes um the charter is
specific to the Merit principles and
Personnel rules and in in my
just in in the vernacular that I'm used
to using a Personnel matter has to do
with a condition of employment that
would have to be more it's more General
like um a discipline matter or if
somebody had another HR issue those are
Personnel matters a Personnel rule is is
quite different in in my opinion so the
charter is specific to the Merit
principle and Personnel
rules matter is just a more General
day-to-day operation type um employee
situation so I don't know if that if you
if you would like to further Define that
um what I think when I read this section
f um you the city council is responsible
for the city manager as your
employee just as the city manager is
responsible for all other employees so
those EMP are employee issues employee
matters I don't know how else to
characterize the day-to-day operations
of employees other than calling it a
Personnel matter
but it's different than a
rule okay somehow well maybe it's just
counterintuitive or maybe yeah it's
counter intuitive
um just because we do have that direct
we have a a direct that is
very well contradictory in that
counterintuitive language uh as to
Administration okay
well nobody else feels that there should
be that there's no problem
there flus I just thought I as much as
we like to hear you talk I just want to
let you know that that your your that
interference is there again and just
just thought let you know I don't know
okay I thought you wanted me to go on or
calling time oh no that's fine but I'm
I'm afraid of the the public who who's
listening their ears how it's just that
all that crackling noise is really well
I'm very sorry about that thank you
Jennifer I don't know and thank you
mayor I don't know if I
um I I think is it if it's clear to
everybody else that Personnel matters
that we're only responsible for the city
manager um so be it
so long as we know differently thank you
mayor and Council um just to point out
on in the charter in section
2.05 um subsection C Administration um
interference with Administration the
charter states that neither the mayor
counsel nor individual counselors shall
in any manner usurp the administrative
authority of the city manager set forth
in article three so I think that this
rule is consistent with that um
it's it's the same meaning um we can
match the language more if you would
like and and then site to that section
of the charter um that's what we've done
in other sections is when there's a
charter rule or or ordinance that
already exists we site to it so that can
be done in this section if you'd
like oh now we can't hear you at all
counselor aren't you happy you can't
hear me well I was gonna let you go on
and just say Okay thumbs
up thank you mayor um yes thank you
Jennifer uh I started to say that yes uh
that language there in
2.05 whatever um subsection
c um is perfect uh I think that that's
exactly what what subsection C says in
the charter should just be transferred
over and replac section f in in my
humble opinion there' be no problem with
that it's picking up the correct
language because that that communicates
exactly how how we're supposed to
behave and conduct ourselves
so thank you
Jennifer okay thank you counselor mayor
PRM thanks mayor
um yes Jennifer on 3.4 um the conflict
of
interests I I wonder if we can omit the
word
confidence um and just it just in the
way that it's
used is um subjective in my
mind is that what word
May the public officials shall conduct
themselves in a manner that justifies
the confidence placed in them by the
people to just eliminate that and just
put because it's about integrity and
ethics right that we discharge them at
at at the utmost level um
because in essence not everybody votes
for us so the I felt the word confidence
is subjective in nature and I'm
wondering if we we if we get to it by
saying that public off official should
conduct themselves in in a manner of of
integrity and ethical what whatever I
just think I don't know how everybody
else
feels that was one of my
suggestions and and
to
um 3.5 the attendance thing I I I hate
to belabor it but this does not take
into consideration that each of our
staff are our constituents right I
mean in in what I mean is like I have
people who live in district one who may
who happen to be a staff who live in my
district that might be coming to me to
talk about certain things and the only
way that they get to um have that
information is because they're a staff
person so I I I'm still uneasy about
that piece the attendance of meetings
and I'll give you an example prior to I
mean we all have um a different time or
not all of us but I know I've had
certain staff um schedule a meeting very
specifically to address things like
Insurance Health premiums those kinds of
things and is
that should they not do that I I I guess
I just feel very concerned I think it's
very interesting
and I've talked to EPO about this that
staffen is is being um discouraged to
talk to us you never hear from staff
even like in the county the county has
staff you know they have an agenda item
very specific to addressing any kind of
issues related to the county um or their
concerns about whatever whatever issues
they might have um this very much
discourages staff um
especially um under other manage um
administrators um I I just I don't think
that's okay I think that staff um either
be clear that they're under you know
operating their because I am their city
counselor and they would like to have a
conversation about a b or c um I I just
feel that needs to be teased out more
and I'd like to encourage us to do that
so mayor protm if I may you know you
used you retired from the state you
worked under cfd yeah um imagine if if
your SEC the secretary cfd is there and
the governor is there and let's say the
governor happen to be not one person but
a council that's just like you going
directly to the governor and and and the
and the cabinet member not knowing that
you're talking to the governor
directly you know it's kind of like that
that's why I just think that they should
at least Le be consulted they should at
least know you know because because what
if you tell the governor something and
their staff and the and the and the and
the secretary doesn't you know wasn't
aware of it they're going to look at you
like why didn't you just run it by me I
would have told you that you know you go
directly you know that that's I think is
the same thing what you do is you have
maybe a c a family member because if
they live in the same house you know
they're they're still constituent but
it's what the council wants but I'm just
telling you that I think In fairness to
to the manager
uh that that that they be at least
notified and using that example that I
just shared with you I I would think
that I would be hesitant if I was a
director and and and and going directly
to the governor and I'm bypassing the
secretary I I don't know if I do that
but maybe you would I don't know maybe
you've done it I have no idea but well
I've had this situation occur quite the
opposite where the governor was coming
to me and having a conversation and
bypassing all of their secretaries right
and and and the thing that I mean so I
am her employ I was her employe right
and I had to listen to whatever it is
that she was asking or suggesting right
and then the idea was so I understand
going back and talking to my my
immediate supervisor that that has
occurred did it cause some conflict and
you know yeah sure it did um and I I
understand that I I just I'm not even
sure if eil because we've had this
conversation before all of us um and I'm
not even sure that our city manager even
agrees with this particular item or not
and I don't want to put him on the on
the spot but I I just I don't I don't
agree with it and I think there are some
folks that don't agree with it either um
and I I think that there are some staff
that take it
and directors that take it very
um literal and I don't think that's a
good way of doing business frankly um
and so I think each and every staff
member have a right to talk to their
city counselor if they live in the city
and want to address issues um and that's
not and that's not I they're not free to
do that under those
circumstances and mayor Pro if if I may
yes
Jennifer just um thank you mayor and
Council counselor Gand let me just
clarify one thing this rule has to do
with the city council's interaction with
staff um just like we were talking about
how the city how City staff interacts
with Council that's determined by the
city manager the city manager can
prohibit that he can limit that um if he
if there's a city manager policy or rule
that he that the city manager wants to
put into place that prohibits City staff
from going to city council that's an
administrative function um and the city
manager can determine how that is this
has to do with the interaction of city
council um taking the initiative with
City staff so those are two different
things when City count when a city
employee takes the initiative to city a
city counselor they we all have to
follow the rules that are in place that
the city manager has put in place and
how that contact can occur if there
needs to be information so that's that's
an employee rule this is a different it
doesn't go both ways this is just from
elected officials appointed officials I
understand I understand it's the city
cut I know that we're addressing our
Rules of Engagement
here and M if I may um you know I I you
know I came from the county from 1992 to
2000 and I don't know how it is now I
doubt it I doubt if it if staff
interacts with the commission without
the manager knowing it but they did that
for for a long time that I was there and
I'm telling you it's it was very hectic
for the management team because um
everyone was talking to everybody staff
was saying well you know the
commissioner said I could do this and
the manager is like well you can't do
that I think it'll just cause too much
problem I think as long as the manager
all I'm saying
is in 2005 when Terence Moore was city
manager he he began to allow that
opportunity for council members to speak
with staff as long as the acms or the
manager was copied that's all just that
simple I don't know how diff you know if
they really want to talk to you then you
know just just copy him just say EO is
it okay if I talk to uh whoever yeah
sure it's fine you know that that's it
that's all I'm saying I mean it sounds
like you want to be able to talk with
them directly and and the manager not
know you know that's well that's that's
that's Let It Go With It saying just has
to be manager needs to be consultant I
mean I don't know how many examples I
need to give but I'm telling you need to
have give any more examples I understand
your point very clearly you don't agree
with it and I don't agree so that's okay
moving forward I I I I don't want to
have to engage in staff
conversation I just know that I have
been in certain opportunities and based
on whatever people's assumptions are
that they will assume that I've engaged
and and you've done it you've you've
assumed that I've engaged in
conversation with staff when I have not
um and we've had that dialogue back and
forth I'm just saying that I think that
this is a crazy rule I don't agree with
it um and that's it I I won't go any
further you don't have to agree or not I
know you don't um and that's
okay okay uh let's see was that
it councel bet sty you're
next thank you um a final check in um
when it comes to social media um since
there are going to be these rules in
place and since those items will go
under if
um I don't think it necessarily accounts
for all the different ways social media
is used like this you know story
functions that are timed and then not
saved um and so I think there needs to
be a discussion about that and if
possible um perhaps um the city have
official uh like official Facebook per
counselor um that we use and then
whoever steps in as the council takes
over that um site for their term and
then it's left so people are trained for
the the site it's not based on a
counselor itself it's based on the
position and they can um use it that way
for That official business because we
are being approached on social media
daily practically about all sorts of
issues so I think we're always going to
be approached so if we have a better
mechanism in place we might want to
think about that and then we're going to
really have to look at those types of
functions um that are available um and
how they apply um with hpo requests as
well
councelor oh go ahead Jennifer I'm sorry
uh mayor and councelor Bea stbi I was
just talking about this a couple of
weeks ago with our city clerk because it
is becoming more and more difficult with
IO we got a big IO request um and and
some litigation that we're involved with
and so um we started looking at what
other cities are doing and they do
provide a page on their City on their
City website and it and it does have
other details about um what the city
councelor is doing in their District it
has information I think um councelor
Ganda um had discussed this also so I
think that that's a very good idea
especially given IA and the difficulties
that we have with it so um the city
clerk and I had talked about it we'll
continue to look into that and um
present something to the city manager
about that okay great and you know just
the way that people expand and have
these types of conversations nowadays
you can post something that's you know
about family or just off topic and in
those conversations it can become you
know a a question a small question about
policy and so I think that if this is
going to happen we might want to
formalize um those Communications then
[Music]
councelor bet sty I can tell you I don't
want another Facebook account uh I tell
them please do not send me stuff on
Facebook email me uh I I don't you know
I I get I didn't this isn't gonna sound
silly but I just discovered how to use
messenger like about a year or two years
ago I never even knew about that and
then I go in there their messages for
two years ago basically slamming me that
I don't respond to them well I don't
know you I get 500 emails a day I try to
start doing from 5: to 7:00 in the
morning you know that's the last thing I
need is another Facebook you know just
email me and and and that makes it
things easier for IA you know this is
what I've got I mean I don't I don't
know I don't want another Facebook um
because I you know I and I learned long
time ago that a lot of them they don't
even live in the area they're they're
trolling somewhere out of the city now
there's some that are but you know just
email me and just let me know what I can
do and that's about it but and let me
just publicly say for those of you are
watching please don't use Facebook to
contact me mayor lus.org
that's simple well thank you I think
that that's the one great thing that we
all bring to the table is that we all
have different forms of communication
Styles and are all adapting in different
ways um and have different audiences for
that and so I do think this is one way
that perhaps our
audiences um read out in such a way and
we do need to adapt Poli IES for these
new audiences and and Technology
mechanisms um and then you know to be
honest my during my term here I want to
train my constituents to look at items
for um District to so it's not about a
person it's about the district and
they'll always be able to find their
stuff they'll always be able to have the
this access towards people whether I'm
there or not and that's the type of
communication I'm doing some other stuff
that I'm going to be training um my
constituents to go see2 because I want
them to still get that access and you
know that way when you're done you're
not going to still get uh emails from
people afterwards with your personal
stuff they would all be going to that uh
mayor of Facebook instead and you could
just you could leave it behind when you
were all done with it so I just think
these are it's just a new platform and I
we just need to adapt for that well like
I said I think if you make it optional
if you guys want to have your own City
Facebook I I don't want one because I'm
not going to be you know that's just
that's fine I think we need to have that
structure in place for those that do
sure yeah whoever wants it I'm just I'm
just saying don't sign me up for one
that's all I don't want another great
but I still would like one and so and I
think that having that formal thing
would be
[Music]
good very
good well I think that's it unless your
hand just popped up councelor florus or
was that from before you forgot to put
it
down apologies forgot to put it down
problem no problem may we have one one
more section of this sorry we'll go
through this very quickly um there was a
suggestion of few weeks ago a couple
weeks ago about an addition I haven't
had time to nobody has um
only the entire city council has not
seen this and um it hasn't been
Incorporated so it have to be numbered
and put placed in a section but this is
the section regarding um the use of City
letterhead and City logo there was some
confusion about when that should be used
and how it should be used so this is the
a proposed Rule and of course it can be
amended changed um shortened lengthened
whatever you
need um oh sorry okay
um the big the primary portion is
highlighted um that the primary use of
the city letter head is to communicate
official Council positions on matters of
public concern um it is the role of the
city council to communicate these
positions so that would be kind of what
um councelor Bena was talking about
before if there's an official position
that has been taken that's when City
letterhead could be um
utilized so I don't um I'll just open it
up to
discussion or as you if if you state
that this is my position only and not
that of council uh I think if it's a if
it's a matter of public opinion a public
uh ordinance or
law you know um I think council members
including myself or should be allowed
to um use whatever logo or letterhead if
it's pertaining to to City business as
long as they stay it now mine's a little
bit different because you know I I need
to State this is just my opinion and not
that of
council um yes and that is addressed in
um number four in the um last sentence
of number
four it must be made clear that any
opinion expressed by an individual is
that member's opinion
only
okay uh looks like we have councelor
bomo councelor
Vasquez thank you Jennifer I yes so I
guess
um my concern then would be
that if I am if I want
to express an opinion different than
what the majority the the majority of
the will of the council
was then that shouldn't be on City logo
right um because that to me if I was
reading that I would think that that
that's official
City
correspondence um is there or have we
ever thought about and I don't know
sorry mayor I don't know if you have
individual like an office of the mayor
logo or not to be honest with you I
haven't noticed if you do but perhaps
that's also much like councel the st's
idea on social media platforms um that
there'
be um specific logos to specific
districts that way when the counselor
for that specific district is providing
some sort of um communication to the
public that it be from the office of
District X um because it does I guess I
am somewhat uncomfortable in terms of
one of
us um providing
communication that is opposing to the
will of the council and so
um I feel like that's a bit of a gray
area for
me celor as long as you put down you
know if you want to use if it's a if
it's a matter of public if it's a public
you know uh
issue I don't see why you can't just you
can use the city letter here just say
you know I'm speaking on on behalf of
myself only and not that of council and
I don't support this I don't know if
Jamie is on I I mean I think that when
I've done letter when I've done letters
to my district I'm pretty sure right we
use the city logo whether it's a letter
or a flyer whatever right um but I guess
yeah I guess in terms of like explicitly
naming an opinion on a matter on an
issue on a policy issue um to me that
feels more
significant than you know in order to
delineate like this is absolutely my
personal opinion which I guess you can
say that in the communication as well
but I think it carries that message
carries a much different weight when
it's on City on a city
logo May councelor Ben this rule number
four does allow for that individual
council members may use City letterhead
or the city logo in corespondence on all
matters concerning official City
business including a council member's
independent opinion on any official
matter so are you saying that you want
it to be um the you you want it to be
more clear when it is an an independent
opinion yeah to me I think that to me it
feels like when it's if I'm expressing
an opposing opinion that differs from
the majority of the council for example
and that's just one example that I think
it carries a lot of weight when it's on
a city logo as opposed to if it was I
mean have you know I liked earlier that
ccer Vasquez used the word
professionalize I thought that was very
good and in terms of continuing to
professionalize these
positions um perhaps um having logos or
some sort of
communication um graphic that is saying
from District 4 counselor right for
example or just each individual District
would have that to make sure that it is
very clear
explicitly um because I think on matters
of opinion in terms of like I said a
policy decision really different than me
informing my constituents about
happenings at City at the end of the
year or whatnot or inviting them to a
particular meeting or whatever um I do
think that it just feels like when it's
on City logo that that carries some
weight to it and that perhaps can be
construed as this is this is City
opinion this is the opinion of the
entire
Council um mayor and councelor Boma we
have um I don't know if this is what
what
you're talking about like for example
the city attorney's office we we have
our official City lettera head that
everybody uses but then each department
I believe has like a watermark um that's
unique to that department and it's at
the bottom of the page so when I send
out a city letter as the City attorney I
use that letterhead so it's the official
City logo but at the bottom it says
Office of the City attorney and it has
our own logo I think every department
has that I don't know if that's what
you're talking about and we could
incorporate that into each district
because I don't think that would be to
create sorry sorry Jennifer finish I'm
sorry no that's that's I'm finished
that's my question to you and and one
other thing Council bomo that that and
I'll share with you what I do there are
times where someone wants something for
me uh of course I can't I won't use a
city letterhead but I'll just put you
know before I used to have special
stationary made up just with my name
mayor Kim miag gushima put 1510 South
Solano lo I wouldn't use City Hall
wouldn't use a city logo I use my title
you know that that's my title and but it
wasn't it was something I paid for
nowadays with the computer you can just
type it in there in fact I do that I
don't buy letter head anymore and then
get some nice paper just put it in there
and you can have a letter that way
there's nothing wrong with that uh
you're not using City logo you're not
using taxpayer money you're using your
title and you're not using 700 North
Main Street a City Hall address
everything's all personal personal email
personal phone number you know but it
has your title in there you're a
counselor you know and that's just the
way you are you're a counselor 247 call
yourself counselor Yanna what Momo you
know but just put your I wouldn't put
City Hall's address you know You' put
your other your PO box or your home
whatever but there's nothing wrong with
that no certainly not but I do think in
terms of again
professionalizing this position um I do
think it matters that
um I do that's exactly what I meant
Jennifer in terms of what you had just
mentioned I don't believe that city
council has that
individual um unless unless we do and
I've just never seen it no one's given
it to me but I don't think we do right I
don't think we have like an individual
logo or form some sort of graphic that
says this is this is strictly from um
you know the office of this of this
District um and I think that that's
important and um and I hear you mayor
right like that's and I think it's
important that you've done that and I
guess I have two to be honest with you
um but again in terms of uniformity and
figuring out procedures and policies
that again professionalize this um this
position I think that that's
important and I think it's even like
it's even even been unclear to me on
whether you know I was very excited that
councelor Vasquez um invited me to
participate in a press release um around
cannabis and it's also very unclear in
terms of what when can councelors in our
professional position as counselors say
we want to I want to have this press
release out I have an opinion about a
thing and I want to work with Pio to
have a press release I think that that's
also um
guidelines that I would like to see and
have for
us I you know personally counselor I
don't see why you just you know go
through EO all get Communications I
think you can put press releases out you
know try to keep as many as as uh you
know as you want I don't
see that being a problem right and again
mayor I think it's and I love your
attitude towards it because like it but
you also been here a long time time
you're like yeah I don't right like for
someone who's newer and trying to figure
out how to navigate this whole thing I
think it's good to have all of
these you know things in writing and
present it to us when we first take this
office to better understand how to
communicate with our constituents I
think it's important and um you know
you're clearly you're very comfortable
with that and and honestly I would be
too if I
knew for me if it was I have to smile
because I I didn't come up with that let
me tell you where I found that out is
years ago uh Senator dommini Senator
bingaman he sent me something and it
wasn't official and they sent it to me
in their own letterhead I go wow this a
pretty good idea I guess I'll do you if
they can do it I'll do it you know and
so I guess it's just throughout the
years I and and and uh also years ago I
mean there was a I won't say who but
there was a state legislator he's not an
office anymore he sent it on his
official letterhead to wanting to know
to various financial institutions if
they wanted to refinance his family's
apartment complex oh yeah and he and the
top off he used the stake uh postage too
now that is clearly wrong and he got
deemed for that so I mean these are this
was this happened 30 years ago but these
are things that I you know put put away
in a drawer and I remember these things
and and that's why I that's why I do
them you know I don't I don't there
almost everything I've shared with you
it's I've seen another elected official
get you know clobbered for doing things
that they shouldn't be doing and and
those were best practices then and they
still seem to work okay now and and
sometimes we have a saying in my other
job that says you know how do you hold
people accountable for that what they
don't understand and so I think it's
important that as a city we are very
clear
about um the boundaries the lines the
guidelines so that honestly I don't want
the P my predecessor to have to to sort
of figure it out I think it's important
that um you know as many things that we
can have in writing and I feel like
Jennifer and her team have started that
conversation with this and so um as
clear as we can be
about
um our position and how to best utilize
it and communicate with it I think is
important yeah was there a specific
question you wanted to ask Jamie uh
Rickman because she's uh available yeah
I am I I forgot what I was I think in
terms of like Jamie when we come into
with you in terms of you know I want to
communicate such you know this with my
Council um with my district do you
normally use the city logo
and I mean I'm sure the answer is yes I
just good afternoon mayor council and
counselor Ben Como yes we do do that for
example when we sent out the information
um I think it was around December for
your constituent newsletter uh we
branded it very much uh with your name
District 4 and the City of course all in
conjunction and we do that for all
counselors and then also with regular
mailings about meetings and things like
that of course it's it's co-branded with
the city of Los Cruses plus uh
indicating the counselor name and the
counselor's district and um one thing
that kind of plays into this a little
bit uh it doesn't deal with letterhead
but it does deal with a program that
we're working on in community engagement
in terms of identifying council
districts distinctively and so that's
coming on board very soon uh we're
working with a couple of you as um uh
models for the other counselors as well
so we are leaning already toward the
distinction of individual districts not
to necessarily focus on you as a person
no offense but focusing on that District
identification yeah no I actually love
that and you use the right word on
branding right and it doesn't have to be
me as Yanna bomo but councelor of
District Four right and I think that
that's um that's important thank you
you're welcome thank you and and while
we're talking about just an FYI I've
been doing this since I was elected
mayor but that gold flake that you see
on my letterhead and both postcard U
business cards I pay for I pay for that
I've always had um it's a little bit
sure I get a separate bill for that
because I don't think the taxpayer
should be paying for that so I've been
I've been doing that since actually
since 1992 and 93 uh I got called out on
that once by a former commissioner and
um I had a receipt said well I pay for
this so just I let you know since we're
talking about no that is interesting
mayor because I had thought about I've
been recently thinking about doing some
branding of my own and it it I wasn't
I'm like how how does this do we pay for
it from our city council fund do we I
pay for it myself and so that's helpful
to hear you say that but those were all
my thoughts thank you okay uh let's see
I think it's councelor Vasquez is
next uh thank you mayor thank you
Council vomo I just will chime in here
quickly that I think um having a letter
head both for print and digital version
but let's face it probably mostly for
digital version because we don't even
even pre-co we're not sending a whole
lot of letters to folks um that we
should just put the city logo with four
lines it says off office of District Two
or office of District three I mean that
is incredibly easy to do and um we could
each have our own City letterhead I've
been asked to provide recommendations as
a city counselor for people for
different positions um graduate
positions um you know uh job positions
and things like that and so it would be
nice I think to have that letter head
available for those situations uh again
probably just to send a PDF version or
digital version um I think we just got
an email from one of our city councilors
in El Paso um with her own letter on it
as well right I I just think that's kind
of the standard for a lot of cities that
have perhaps more staff and more
professional um folks working in
administration but you know I think it's
a little thing that we can do uh to just
make sure that our um correspondence is
personalized and um even if it is
something like a press release
expressing an opinion I mean often times
these political battles are one in in
the court of public opinion and being
able to send something out with your own
letter head um to the media or to use it
for other purposes I think would be a
good thing um so I'll just try I just
wanted to say that thank you mayor um
thank you councilor I have to smile
because I used to type them I used to
type them there was no computer back
then and I had to if I made a mistake I
has to use has to go back and use that
little white out so now with today's
computer it's easy it's nice and no
mistakes
so now things have changed okay uh um I
think that was it I thought I had
another hand up but I guess not okay is
uh Jennifer is there
more no mayor that's it thank you very
much all right well very good very
interesting stuff good dialogue thank
you everyone so uh we're ready to move
on to the next one it looks like so
that's 4.2 limiting the use of single
plastic bags Lisa
Lorac
you still using that gas fired internet
there
Lisa I guess
so well she's probably having trouble
getting on so let's let's go ahead and
move to we'll give her a minute or
so uh let's just I guess let's just go
ahead and move to 4.3 the water and
wastewater development impact fee
allocation the
lla it mean to catch you off guard
thank you Mr Mayor uh Delila Walsh
utilities director and just for
information it's the electricity that
drops your internet never
gas I know I'm just
messing let me get uh let me
uh move to share my screen with you and
we'll get
started all right thank you Mr Mayor
commissioners again Dela Walsh utilities
director for the record today's
presentation is to discuss the
development impact fee allocation for
the city of Los cruus Water and
Wastewater impact
fees just to give you a quick overview
of what these fees are these are a
one-time payment for growth related
infrastructure they cannot be used for
operations maintenance or replacement
within the system they are not a tax but
a land use
regulation three requirements must be
met need that means growth is creating a
demand for system
expansion
benefit infrastructure gets built in a
timely manner expands capacity and
contributes to the system redundancy and
it is proportionate in other words new
development pays its fair share I can't
believe this has happened I mean I I
came on 10 minutes early I
practiced it's just
like Lisa I think you're
oops oh you know
what okay go
ahead shall I continue Mr Mayor yeah
please
okay the development impact Fe is
assessed at the time of platting and the
lot and is collected for commercial
Accounts at the time we issue the permit
for the plat that's when we collect 100%
of the fees for single family
residential accounts we collect a
portion at the time of Permitting and
then the remainder when a new
residential account is set up for the
utility services and at that time we
require proof of ownership copy of an ID
and we also offer a payment plan option
uh only to residential
customers
door so just to give you a historical
background and so you understand we have
a different type of allocation than is
seen anywhere else when it comes to
Water waste water this happened back in
1995 and Council rescinded the previous
diff resolution and adopted new charges
pursuant to the ACT for city parks Water
and Wastewater service now for water and
wastewater that resolution further split
the diff between the developers the end
use customers that means the homeowner
of that single family home and the rate
base the rate base is the entire system
so the entire Wastewater system
customers as well as the entire batch of
customers for the water system so it is
a different kind of
allocation under that 1995 resolution
this is what it looks like today for the
water diff the Builder pays 50% up front
at the time of per permitting and then
when we actually permit the home the
final certificate of occupany and we
collect the diff for the new connection
the customer the homeowner pays 28% of
that if and then the rate base the rest
of the system absorbs the other
22% the same is similar for
Wastewater where in upfront at
permitting the Builder pays 50% and then
when we connect the count the end user
is 20% and the rate base absorbs 30% so
new development utilizes this increased
capacity which extends and enhances the
systemwide fir flow and we have improved
system redundancy as well as service Ava
availability throughout the service area
so so just to share something that Dr
hor Garcia shared with me our our past
director he explained that back in 1995
the discussion was that the molecules
can't be separated but the bottom line
is when we go back to the def act it is
new development supposed to pay for that
infrastructure
expansion so last time we talked to the
council and you asked us to come back to
the work session because the diff fees
are already set by the L utilities board
so the amount is not um something that
we're discussing we have to follow state
law when we set the diff amount it's
based on infrastructure cost and the
cost of expansion and so that's all done
on a very set formula and is automatic
we don't we don't mess with the part of
the feat but what the council can do is
let us know if you like the resolution
as is or if you'd like to change it so
again I've listed on this slide on the
left side is the current resolution and
and the current diff allocation pursuant
to resolution
95368 the options for you are we can
resend and replace that resolution and
the options I heard back from the
council were that a we allocate the
entire diff to the Builder developer at
the time of the permit or B we allocate
the diff between the end user and the
Builder developer meaning that we
eliminate the rate based from this
process or from this
allocation no matter what you decide the
diff will be paid by the end user by the
homeowner so in other words if you were
to choose option A and you allocate the
diff to the Builder developer at the
time of permit they're just going to
pass that through to their uh their
customers when they buy the home and so
that cost is a pass through cost that
will happen and increases the cost of
the
home if we separate the allocation the
diff between the end user homeowner and
the Builder developer we will continue
to offer a payment plan for homeowners
so the Builder developer let's say you
decide they pay 50% and then the end
user slh homeowner pays the other 50% we
will continue to offer a payment plan
for those
homeowners just for your information
when that home is sold at closing that's
when the diff is paid off so if you've
set up a payment plan for five years and
you still have three years left and
you've sold your home that diff gets
paid off at the time of closing just as
your mortgage fees and your uh title
insurance is paid at closing diff is
included with those fees whenever you
transfer ownership so the payment plan
ends and the entire amount is due
whenever you have an ownership
change I will that's we we did an online
presentation on the city's website so I
explained this history why not why but
what the allocation is we didn't receive
comments at that time um we also the
Outreach office also coordinated notice
to community developments list ser and
we didn't receive comments there we did
give a full presentation to the CIA in
February and as you know the CIA is
responsible for listening to projects
and how we use those impact fees in
Parks Fire Water and Wastewater cic did
submit a letter of comments and those
were forwarded to the council by the uh
city
clerk but that that was all we received
let me let me think you Del light let me
read that letter sure okay so it says uh
the mayor and city council we at the CIA
appreciat the time and attention you
give to the opinions of our committee we
strive to restrict our comments to the
issues related to Capital Improvements
and impact fees as is directed by our
Charter your desire to take action on
the allocation of the development impact
fee or diff for water and wastewater
utilities has inspired us to provide
some history and comments from our
committee our development impact fee or
diff were created to provide funding to
increase the capacity of these Utility
Systems in response to added demand from
the construction of new buildings and
their occupants in other words as new
buildings are constructed and occupied
the utilities must Supply them with
water and wastewater Services the
allocation was created with the intent
of charging the fees to those who cause
the need for increased capacity and
those that benefit from the expansion of
services it is apparent to most how the
Builder and the enduser customer are
involved but it may not appear obvious
how the rate base receives a benefit
from the expanded service when
development impact fees funds are used
to expand the wastewater treatment plant
install a water well a new water well or
build a new Water Testing Lab these
Services cannot be limited to just the
Ser the new buildings but in fact
improve the service for the entire
utility system for instance when some of
the most recent Wells were built and and
added to the system number 70 and 71
they were located in the South and West
areas of Las Cruses the bulk of the new
construction happens miles away in the
Northeast part of lusus the water from
these Wells increased the availability
and redundancy of service to all of the
water system and therefore the entire
rate
base our committee feels that it's
important to consider the total cost to
the residents of Las cruus when fees are
charged to the Builder they are passed
on to the enduser customer in the
process in the price of the building but
before they are passed on the Builder
must pay grocery seeds tax sales
commissions real estate fees and
overhead for one for every $100 of fees
charged to the Builder $130 are added to
the price of the building for the case
of residential construction the enduser
customer usually finances the majority
of the price for 30 years by the time
the customer has paid off the building
that $100
could cost 250 or more for this reason
we do not recommend moving the entire
fee to the
Builder our committee agrees with those
that went before us when they created
the allocation as it is today we feel
this that their decision was made with
great consideration for those impacted
by the fees and all those who benefit
from them it's our recommendation that
you choose option one and let the the
all allocation remain I'm sorry the
printer cut off I think it
says as it has been since the Inception
of the development impact fee thank you
again for your time and consideration
respectfully Capital Improvement
advisory
committee okay thank you Mr Mayor as I
mentioned that was the only comment
received throughout our public Outreach
process so the next steps for the
council are obviously your discussion
during this work session
uh if you retain the current allocation
scheme there is no action necessary by
staff or counsel however if you'd like
to update the scheme following this
discussion for water and wastewater you
would direct staff to prepare resolution
to resend and replace
95368 and so that's what we're looking
for on your input and feedback today
with that oops with that I'm Gonna Keep
the
uh I'll put up the other slide once I
get coordinated again on my screen
sharing counc
sword I was going to wait until um Miss
Walsh gets what she wants screen here oh
we lost it Gila where' it
go there we
go oops so this this is the this is on
the right hand side is the current
allocation and on the leftand side are
possible uh changes for that
allocation counc s did you have a that
just backwards don't we do oops what
happened to
it don't we do what's on the leftand
side yeah yes you're correct okay and my
husband's going to laugh at me because
I'm notorious for doing that that's why
I'm not allowed to go hunting by myself
yes I understand it's your other left
yes
okay so we're not asking for so we're
not uh considering I should say an
increase in the in the impact fees for
water and waste water right that's
correct we're just different way of
paying them though is
cor well I I'm I'm tend to keep them the
way they are but let me see the one the
way you're suggestion again
okay uh all of the DFS to the Builder
developer well at the time and the
second one is uh allocate DF between the
end
user and home builder so it amounts to
the fact that the
Builder has to
um in that case the alternative there b
option b is it or a uh the Builder has
to then um Finance the
DS and uh then gets paid off when the
house is sold so we're talking a few
months there where he's financing that
but he's financing 50% anyway in the
system we have now
I'm okay with leaving it the way it is
you're also financing it though excuse
[Music]
me we're also financing it though you
and
me ex understand we're the rate base
right yeah you're okay with
that but it's only 22 and 30% of the
D
go go ahead and finish your comments
Council sorry yeah and and I was going
to say certainly some of um the increase
in in service you need within a new
development
um is uh a certain small portion of that
is something that uh benefits the whole
city I don't the thing is is
that have we have done a study where um
exactly we know uh how much uh a house
does uh uh cost the city's
utilities um in in that develop and then
the building of that house I mean what
what there's a greater Demand on the
water of course a greater Demand on the
Wastewater but is is that uh all of that
D then is that all just because of that
house or is there some of that D that is
um uh put on the system as a
whole coun councelor s Mr Mayor again
Delila Walsh for the record yes we went
through the study last year and based on
meter size and the infrastructure impact
of that one home we have determined
those fees so for example a 5/8 or 3/4
inch meter uh the new fee on a camstra
meter it does cost
$2,125 to our system and so that study
was completed and our fees are set based
on those
studies and again it goes back to the
um the impact of the new service on our
system so in other words we have to
service X number more miles of line or
feet of line we have to increase our
tank capacity in order to take on that
new home so that's broken down based on
our current system cost as well as
system demand and then allocated to each
new home so we already know what it
takes to run our current infrast
structure and then we know the amount
pursuant to that study what it takes to
add a new connection to our home based
on the meter size because obviously the
larger the meter size the larger the
impact of the infrastructure in the
system so that whole D is is strictly
the the increase in in
um not cost but increase in in uh uh
Demand on the uh system then that is
correct oh that's the case let's split
it 50/50 between the develop the home
builder and the new home de uh Builder
or new home owner
rather and councelor ser Mr Mayor again
Delila Walsh for the record I I want to
just let you know we're the only city
that we found that allocates to the rate
base every other city that our
consultant has worked with and I know
City of Albuquerque and city of real
Ranch are just firsthand I know that
they do not allocate to the rate base
it's only to the Builder and the end
user Delila we can see your
email oh I'm
sorry wonder that
up so all of that D if is strictly the
demand on the system that that one house
puts then
correct okay well okay
um I would I would I would like to see
option
b
okay okay I'll put that down you'll sort
option b
Tim
thank you mayor um thank you Delila
first off sorry councelor s for
interjecting there um it um I shouldn't
have done that so I have well that's
okay you called attention to something
that I wasn't understanding very well
that was a good
job um but um you know the first time
that this came to my attention was when
um an individual brought you know um a a
concern to me that he was trying to to
change over his system right to the new
metering the new meters and and instead
he owns a a trailer park in in our area
and as um Dr Garcia and others started
to explain to me how this really worked
um and then it came to us I think Delila
you presented this to us I I just feel I
was really concerned and taken a
that you know my district gets charged
you know be via 22% for water 30% for
waste water when in fact um I feel like
it's um we
get we get charged for the growth that's
happening in the East Messa and I don't
I didn't know how um how fair that was
and so I'm I'm really happy that you
brought this back to us um and and
looked at what um this um can mean um
and giving us sort of the options A and
B and I especially appreciate the
feedback that we're the only
municipality at least in the state I
guess that does this in this way and so
Delila as growth
occurs um you're having I'm assuming
you're assessing as it happens or you
know you made mention the consultant
came and said it's going to cost $2,000
plus dollars right and I guess that's
based on the growth that's happening so
do you go back every so often to address
that um and and rework the numbers in
the event that
um in in the event that that could
change am I making sense yes yes um uh
thank you uh Madame Pro and Mr Mayor so
you're correct we actually go back it's
under the law you do have to review the
diff allocation not the allocation the
diff charges I believe it's it's every
five years actually Joe just confirmed
it for me it is every five years and
that is pursuant to State Statute and we
do follow that schedule and so did you
just say that you did that last year
that's correct okay
so so if it needed to increase then you
would know that in five years right um
something would it would or or would
something set you off that it needs to
be evaluated before
as far as any triggers for evaluation of
that we don't have anything in place
right now that's a good comment and I'll
actually reach out to uh Joe provencio
if he has that as far as I know we don't
have any triggers we just follow the
statute under state law every five years
I would imagine as part of cic cia's
role if they see we can't meet the
infrastructure needs because of growth
and it's not sufficient that that would
come up dur during their committee
meetings um Joe I don't know if you're
on the line if you can answer that
question if we have any triggers beyond
the statutory
requirement uh chairman uh excuse me
mayor city council uh there are no
triggers other than the periodic review
Joe can you state your name please oh
I'm sorry uh mayor Jose provencio Deputy
uh deputy director Business Services uh
pardon me I wanted to get into the into
answering the question too
quick um the uh the cycle that that
really drives this is really what's been
set down in uh in in in the statute uh
review every five years uh is is a good
uh rule of thumb in terms of reviewing
not only uh financing and capital
expansion but also the uh the land use
assumptions that drive a lot of that
drive the basis for the impact fees so a
five-year review is is a is a good
Benchmark to update what has been
happening in the construction world and
the capacity expansion world uh there
are no there are no
triggers thank you Mr penio for that I I
appreciate it um yeah I um I guess I
just want to make sure that the expenses
are covered you know in terms of the
growth and the lines and you know just
everything that happens
in in terms of the infrastructure and
you believe that that to the the Builder
pays 50% rate base pays 50% um what
is what could be can you give me an
example of of something um Delila that
in terms of using um pricing what what
that would look like I guess I'm just
trying to in my head understand it right
so uh thank you mayor proam and Mr mayor
council members so I'll give you a
typical home will need a 3/4 inch meter
that that's typically what we'll need
and I I'll use it in the case of a water
meter so the the typical diff impact to
the average residents will be about
$2,100 and so that's at the at the
initial permit the first
$1,050 is due by the Builder and then
the next 1,50 would be due at the time
of the new connection and that at that
point we can Finance for the customer
and we do do it at an interest rate I
believe it's three let's
see 3.59% for water and then 3.94% for
Wastewater so the customer has the
option of financing in that that $1,050
payment so that's average obviously as
things go up a meter size for a 4in
meter which would be for a heavy
industrial user that that that diff is
going to be about
$75,000 because that's the impact of
such a heavy user to our system for
maintenance and and a 6in line is hugely
expensive so even though they've paid
for that line installation for us to
maintain it and to have everything in
place for it it's obviously more of an
impact so a large commercial meter could
be
$75,000 so that when you say I'm sorry
Delila no that's okay so that that's an
example of the cost so to the average
residential user if they were pay half
of their meter for the new home and new
connection if you split it 50/50 it
would be a little over $1,000 yeah yeah
and and then um so the commercial would
be like an apartment complex or a a
um a business like a
big correct yeah a 4 inch line I we even
have a a diff for an 8 inch line that's
$300,000 but I don't think we're going
to have an 8 in line ever in install but
most large commercial um a really big
facility would be about a 4 in line so
it would be something pretty heavily
commercialized 75,000 or so okay all
right I I appreciate it yeah mayor I I'm
um again thank you Delila um for this
it's much appreciated I am inclined to
go with
B
okay thank you for that and next is
councelor
Vasquez
thank you mayor um thank you Delila uh
is that the very large array behind you
yes it is oh great okay that's what I
thought um I thought at first I thought
they were mushrooms but I looked closer
and uh anyhow um appreciate that picture
um I I too will just say I think B is a
a reasonable option um uh you know I
just have to say the housing market is
just so out out of I don't out of
control may be in a good way I guess I
don't know I don't know how to
characterize it but it is booming and so
um I know developers lock in rates you
know especially with the homeowners and
that's great um uh and then know I I
think from what we heard last during one
of our previous work sessions somewhere
around 40 to 50% of new home buyers are
from out of the city um which is great
right we're having obviously it's
Economic Development to have population
growth and that's good um so again I
think folks that are coming from other
places perhaps I want to make any
assumptions but I think they're coming
here because they the affordability of
building a new home and living here and
so um I don't want to put that on the
back of existing rate payers um the new
growth and for the developers that are
making uh I assume record profits um
again sharing a part of that burden of
the that growth of this industry I think
also belongs on the developers so to me
that seems to be the fairest option um
and so I'll I'll just speak for that so
thank you and um Delila and and other um
commissioners of the utilities board um
thank you for your work on this as well
um I know it's not easy to have these
conversations sometimes and bringing
them to council so thank you thank you
maror thank you councelor
Flores thank you mayor um I too um
believe that
um that option b is the best way to go I
I don't think that the uh rate Bas
should be I think should be eliminated
in its totality it's
entirety and uh yeah I
mean yeah what's fair is
fair actually maybe it should all be
allocated to the Builder developer
they're the the ones with the big
bucks did I see that one yikes no option
b uh your
honor
okay I think that's it looks like uh
we'll just stop there there's four four
people my hand my hand Oh I thought I'm
sorry coma I thought you forgot to put
it down no um no I have a Qui question
thank you uh
Delila is it would it be fair to assume
and you know you can't say this
definitively obviously unless you're a
developer and I didn't know it um but
would it be fair to assume that option A
it would sort of end up on the customer
anyway somehow eventually yes thank you
counselor B comoo option A or B anything
the Builder developer paid toward that
home is going to be passed on to the
customer so really it's going if you
went with option A and I'm a new
homeowner um and I'm going to pay a
$2,000 diff then all of that is going to
be added into my mortgage as part of my
closing fees and and building fees or
the cost of the home because the Builder
is going to pass that on to me as as a c
they won't absorb that at all if you
went with option b the the same thing
that 50% that the Builder's paying
that's going to be added to the cost of
my home and it'll be financed by my
mortgage and so 100% of the time they
will pass that on I I do want to let you
know also um I want to clarify I gave
you a $2,000 example of a water diff but
in addition to that you've got the um
Wastewater diff so for that same 3/4
inch meter it's another
$2,700 and then you have your parks and
fire impact fees that are collected by
the builder at the time of Permitting so
they don't split those at all um
everything is added up and then of
course the Builder developer will add
that to the cost of the home at the
end okay um yeah that's helpful to
understand and again right like if we're
creating an impact then we got to pay
for it somehow right um so okay that's
interesting is there any way
that a developer
could say well I paid for half up front
but I maybe I'll charge double anyway
for this and put it on the
consumer that part's really negotiated
as the price of the home um I would
imagine your I've never had to build a
home all my houses have been very
old but I would imagine it's on your
price breakdown when you're negotiating
that with your Builder um Joe I don't
know if you have any more to add to
that I don't know
personally um but it it's I'm sure the
Builder is just charging everything he
can uh mayor city council Jose provencio
deputy director uh Business Services uh
I am not aware of what happens at the
negotiating side of a home purchase
okay that's okay I mean that's sort of
you know a private transaction anyway
but um I I do think and because it is a
private transaction I think that um a
rate base makes no sense either so um I
agree honestly honestly I guess B is I'm
okay with um I I feel like um at the end
of the day that cost will come to the
end user anyway so um I think A or B are
fine with me um councelor a long time
ago I I seem to recall a builder would
say okay you know City's going to charge
you this much I pick up half and then
you got to pay the other half or
something like that um Delila does the
city still uh have like a payment plan
for for fees such you know this large
right they do yes sir we have anywhere
from uh I'm sorry again Delila Walsh for
the record we do we customers can
Finance I believe for up to four years
and we charge a percentage rate that
3.59% and that's really the customer's
decision if I want to wrap that fee into
my mortgage and pay 1.9% over 25 or 30
years that's my decision or I could
Finance it through the utility and paid
it at 3.59% for a short amount of time
for four years so it's really that end
users or that consumer decision on how
they want to finance that amount of all
the diffs and who tells you that's an
option at what point are you told that
that's an
option uh counselor bomo that's a great
question when the customers deal with us
we do inform them because they're coming
in to set up their new connection
account and at the time of new
connections we do give them those
options whether or not the Builder or
the realtor shares that with a customer
before I don't know um yeah I used to be
a mortgage officer so I would just know
that comes from experience and I don't
think the average home buyer consumer
really know knows all the fees involved
with that no sorry mayor to interrupt it
just as someone who just went through
that process last two years at this
point I feel like you don't know what
you don't know what you don't know so
then what qu how are you supposed to ask
question it's very um difficult so I
don't know maybe as much information
that the city can put out as well to
Realtors and all of that would be
great so I want to ask Delila where you
get a 1.9 mortgage at that's me too I
wanted to ask
too and then and then also if you do you
know uh include it a lot of times that
that amount doubles itself y you know
maybe triples itself depends on the
mortgage rate
so okay uh councelor Vasquez do you have
another
question uh no mayor sorry about that
okay well looks like B it
is so um Mr Mayor counselors are you
looking at a 50-50
split oh that was my assumption was 5050
I presume so okay I would think so
between the because it's it's um you
know unless you do it like that unless
the
homeowner you know can afford to do it
separately and and not have it financed
um you know they'll save in the long run
they'll probably save money that way but
you know a lot of times you just put it
in there and the average homeowner only
stays in the that loan for 11 to 12
years I'm sure you know that at another
house or whatever they they move
or uh councelor florus did you have your
hand up uh yes sir I I put I just put it
up again I was listening to what um
councelor Boma was asking and I too um
have thought about uh how much
disclosure there is and I do not in any
way want to ascribe or mign um any you
know anybody here but um that's always a
concern because um you know I deal with
constituents who not deal but I
represent excuse me I represent
constituents who uh learn uh after they
bought their home they learn that some
of the um representations by the
realtor uh weren't um well they they
weren't made they were omissions not
misrepresentations so um does the city
have any way of making sure that um is
it our responsibility our moral duty or
legal duty
to um to apprise newcomers new home
buyers as to um you know a a newly built
home um what they you know are they in
any way of informing them is there
anything that the city can do to apprise
a new home buyer in a new development
area as to what they should be
asking maybe our visit lesis or I don't
know our Chamber of Commerce I don't
know apprising
people you know councelor I don't think
I think that's a great idea perhaps um
Communications office can work with uh
the board of realtor or whomever you
know and and put something together and
just you know and and run it on CLC 20
Channel 20 and just say here there's
here are some of the things that you may
want to consider when buying a home or
having a home built I think those are
some good ideas points that you have to
to be able to share that with the
members of the public yeah and you know
it's come up with um some of you already
know this maybe maybe not uh certainly
David S and Tony Tri know very well and
Jamie Rickman um about people who uh you
know there's continued development out
in the East here in the East Mesa and um
then all these things happen like
shortly after during our goban campaign
to um you know to have the soccer
fields the sports Fields out there near
the uh safety
complex um all these homes are going up
but when they were actually sold uh none
of the home buyers were told that a big
road would be going right down the
middle of their tract and um El Coyote
or whatever or coyote so it's that sort
of stuff and um they're actually in some
instances um we're actually told that
that land that nothing would ever
nothing you know their backyards would
be unencumbered the views of the
mountains would be
unencumbered and and um and you know so
I I just okay that's a good
idea yeah and while we yes I was gonna
say throw in something with so that the
renters know that they should get a
lease from their landlord I think it's
important that they get leases because a
lot of times they don't and they just do
just deals and they need to have a lease
he'll protects some a lot that's very
true that's very very true and uh yeah
and there's just certain information
that we should be getting out and then
yeah and then that goes also to um I
think I the housing we should be working
on rent control because there's a lot of
eviction laws going in because of covid
anyway we're getting off topic here yeah
it's off topic I know it's off topic but
it's all in so far as disclosure goes I
think disclosure should always be a
topic of conversation or excuse me items
on the agenda
disclosures thank you
mayor thank
you okay so it looks like uh B
5050 so unless you have any strong
objections so I guess you'll bring that
back later yes sir we'll bring a
resolution to you uh resending and
replacing
95368 okay very good okay so I'm told
that Lisa is ready to go for her item
and that's I am on
limiting the use of single use plastic
bags Miss Lisa
Lorac sustainability director oh nice
thank you for the
promotion no problem no no money comes
with that just
a
yeah um good afternoon thank you all for
your
patience uh with uh I'm trying to see
how many times in a row I can get it
messed up I'm at six so feeling good um
I had I sent the PowerPoint to Mandy my
name is Lisa Lorac I'm the
sustainability
director uh no I'm not the director I'm
the sustainability officer
for okay we're
good oh we lost you about oh my goodness
well we can hear you we can hear you can
you hear me yes I can hear you
mayor
so may um Mandy will be putting up Mandy
is putting up the screen for me because
I'm trying to limit my jinxes so thank
you all I guess I always want to follow
Delila and I'm glad to see that she made
a humble number of boo boos too in this
so I will be talking to you about uh
what the city has been doing with
limiting single- use plastic bags next
and what I first want to tell you about
are just some of the basic concerns that
we have uh with plastics one of them is
that Plastics are break down into small
microplastic beads and the toxins in the
environment attached to them and they
move up the food chain so foods that we
eat are also have microplastics and
toxin in them and that's called
bioaccumulating in the food chain so
that's one of the problems next problem
is
that um we end up consuming a credit
card's worth of plastic each week by all
of these
bioaccumulations in our food and next
and we
also can consume five grams of
microplastics in a bottle of plastic
water all of which have serious health
ramifications for us next we also know
that
litter and um whoops too much next um
litter and Plastics buried in the
landfill can um persist there for
hundreds of years and we have this
throwaway mentality that needs to be St
on average we use 1,500 single plastic
use plastic
bags a year and on average we use them
for only 12 minutes so it is a very
excessive use of a product that has such
a long shelf life but a short use next
Mandy
please so so this is kind of a preco and
postco topic we started in 2019 and we
we assembled a stakeholder Advisory
Group and in that group was keep Las
Cruses beautiful keep donana County
beautiful uh South Central Solid Waste
Authority New Mexico recycle Coalition
all three chambers of Comm
commer and uh of Commerce and the Las
crues Public Schools save savart and
Albertson and the New Mexico Restaurant
Association and collectively this
committee worked on reviewing different
ordinances and beginning drafting these
ordinances we also reached out to
different groups to begin some surveys
and focus work and we work talked to the
Rotary Club Don an communities United
Community of Hope and mson and from
those groups alone which was about 80
people we found that 90% are concerned
about Plastics in the environment 85%
support an effort to promote the use of
usable bags 73% feel promoting reuse
would positively influence their
behavior and 61% feels that the city of
Las crusa should promote reuse in the
ordinance
next so during that first period in 2019
we were able to tackle a few of the
items we defined what single use plastic
meant exemptions and um Reus what
reusable bags meant we defined retail
businesses and exemptions next we still
have three other areas that we hadn't
been able to dive into uh when we went
into covid and those three areas looked
at what the bag Alternatives might be if
they were temporary fees for those bags
the purposes of what we were trying to
do in exemptions divining defining um
participating residents with respect to
equity and enforcement so first I'll
tell you about the two that we checked
off the list and then I'll go into what
we've done in 2021 to get um check marks
for the rest of the boxes next
please one of the first things that we
did was just to Define what single
plastic bags are and that is a carry out
bag made of plastic and it's less than
2.25 Ms thick so it's the thin little
bag that you're used to it's provided to
a customer at the end of sale or
checkout and it's neither intended nor
suitable or durable for continuous use
uh as a carry out bag which is why we
have have so many
microparticles next there are two
different definitions that we have for
exemptions exceptions of that and that
is laundry bags door hanger bags
prescrip prescription bags and bulk item
bags for meat baked goods produce and
plants are not included in this band
this this uh uh this when we talk about
plastic carry out bags and reusable
Alternatives is a bag with stitched
handles I know you're all going to go
home and look at your your reusable bags
but they all have them designed for
multiple use made of cloth or other
machine washable Fabric or other durable
materials suitable for reuse
next and then when we look at the
different retail users that would be
included in this um new ordinance if we
went 41 we're talking about department
stores grocery stores pharmacies home
improvement stores convenience stores
gas stations farmers markets were not
including food banks restaurants or
takeout food establishments the last two
in particular was an area of a lot of
discussion with the um New Mexico
Restaurant Association they said it
would be difficult for them to support
any ordinance that came that might come
forward because they were not ready to
change their habits and that was a big
sticking point in Albuquerque so we
listen to them next
please so from from there in
um in
2021 uh in a policy Review Committee we
were encouraged to continue on with this
process and I had with the help of
of the sustainability intern Courtney
Colmes she went and
interviewed um 12 different stores some
of whom were on our
advisory uh committee and some uh that
were uh just uh Frontline communities
and others that were ones that um would
be a impacted by this so she talked to
grocery stores uh uh chain stores f
pharmacies uh stores that were in lowi
income communities convenience stores
retail stores and um and got a sense of
what some of the issues are that uh so
that we might move forward and from that
she to um Courtney asked questions
about uh the use of paper bags fees
Equity fundraising customer Outreach and
covid so the first two things that were
talked about were what should we
substitute anything and um and so uh the
idea is if you don't offer any
alternative that people end up using
more thick plastic so what we um so
people so the retailers were concerned
with the price difference between paper
and plastic bags they also felt that if
we
charged uh if they were to charge
anything for a temporary bag that was
not a single-use plastic that the split
should be 5050 between the retailers and
the city that that would be fair and
that the city should invest their share
back into the community so this is what
we recommended as a result of that next
please we um if we were to complete an
ordinance what we would recommend is
that a 10-cent fee will be placed on all
40% postc consumer waste paper bags
retailers can opt out and not supply
paper bags at all for example Sams and
Natural Grocers don't have any bags at
all so 50% of the bag fee will be kept
by the retailers to offset the added
cost of paper bags and to assist with
administrative fees and the remaining
50% we suggest should be donated to a
local nonprofit chosen by the
retailer and then quarterly what would
happen would be the number of bags money
collected money donated the nonprofit
receiving monies will be reported to and
published by the city and this is a
preferred positive enforcement as
opposed but we also have the latitude to
give a written infraction notice and if
repeated offenses charge $100 but we
hope that that won't be an issue next
please the
other concerns that we addressed when um
when Courtney was calling the different
retailers was issues of equity and
fundraising
so of the 12 retailers um and that that
um were spoken to the exemptions in the
ordinance they felt would be enough to
safeguard low and moderate income family
families and some felt that seniors
needed to be considered in this as well
so we need to look at at ways to make
sure that the criteria that we use
covers them and for
fundraising again we wanted to have a
positive spin on the use of re of
reusable bags and so the stores and
Retail um places said that they would
support Community bag sale fundraisers
but groups would have to go through the
corporate management so our
recommendation next
please our recommendations in in this um
section is that
we uh include us a couple things that
I've already mentioned but U um that are
that were in the ordinance to begin with
and that would be that it exempts
individuals receiving public benefits
including Wick um te fap tanif and snap
and um that nonprofit corporations or
other hunger relief Charities can
distribute Food grocery products
clothing or other household items in
plastic bags so where plastic not having
disposable plastic bags was a hardship
there would still be a source selling
reusable bags will be encouraged as
fundraisers and the remaining 50% will
be no donated to a local nonprofit
chosen by the retailer next
please and in the third area of our
Outreach what
um was talked about was customers the
one thing that retailers wanted to make
sure was
that the customers were uh that there
would be a lot of uh heavily
advertised um notice about the ordinance
so um that everybody was on board with
us that got the the prior notice and it
wasn't something where the um the the
the retailers would look like they were
uh imposing something on so our
recommendations in this area next
please are
to are to what we're going to do is um
the
sustainability office and um the Pio
will be hiring a marketing firm to help
do a message
campaign and uh sustainability office
will coordinate public input events for
retailers and residents will continue to
do that just to make sure that uh the
the message is and is Contin is is out
there for and uh the feedback is
opportunities are available and that
will also
encourage um
different organizations to consider this
as fundraisers just like a lot of people
were able to have cottage industry masks
and if the ordinance is adopted uh we
recommend too that it wouldn't be uh
there wouldn't the enforcement wouldn't
happen until January
2022 when we were sure so this is the
end of my presentation it's um I wanted
to catch you up on all that we've done
and are continuing to do and you know
look to you to you all for
recommendations on how to proceed thank
you thank you
Mandy thank you uh Lisa looks like we
have um a slew of
questions um starting with councelor
Vasquez bomo sord FLOTUS and aea sty
councelor
Vasquez thank you mayor Thank you Lisa
no worries on the um connection and
presentation issues it happens to the
best of us um but thank you this is an
important topic for us to discuss and um
I'll just say especially for folks
watching I there's been a lot of work
and thoughtfulness put into this there's
been a lot of uh committee conversations
dating back to two or three years um uh
in the sustainability policy Review
Committee and and prior to that I think
here at the city council in various work
sessions and Council comment and um you
know I think the city of Las Cruses is
lagging behind the rest of the state in
enacting an ordinance that bans plastic
bags and I think we're also behind on on
thinking about our reusable our um our
single use Plastics and and promoting
the use of reusable um or recyclable uh
material for for a lot of different
products that are used here by people in
the city um
I think now is an opportune time to talk
about banning plastic bags I I know you
guys have all seen what I 10 and I25 and
lit literally almost every Major Street
looks like in Los crues right now um
completely littered with plastic every
single corner of our city right now and
that's no fault of our parks department
our public works department our good you
know folks here working to clean their
own neighborhoods up uh it's the massive
amounts of plastic that people are
consuming um that are flying out of
their trash cans uh that folks are
carelessly throwing away and that is one
of the most pressing solutions that we
can have to this just awful littering
problem um I I'm sure the rest of the
council would agree that a city with
plastic bags on every mosquite tree is
not the way we want to present ourselves
both to each other and and to other
communities and so H again that is just
the reality of the windy season and it's
not just Las crues it's most of New
Mexico so I think there's a pressing
need for us to do this I think we're
falling behind the rest of the state and
there are really compelling
environmental reasons to do this that I
think justify some of the Bold changes
that I think we need to move this
forward um so I just wanted to start by
by saying that um
uh Lisa I I I do have some questions in
terms of the exemptions I was wondering
if you could go back to the the slide on
the exemptions um in particular for I
think restaurants and and senior
citizens that's yeah okay okay so maybe
we could start there
um uh these exemptions uh for
um I guess we'll start with what you
have listed here um for the laundry bags
door hanger bags prescription bags um
things for produce you know those kinds
of things um I know there's other major
cities here and across the nation that
have enacted these types of policies
with these exemptions do you know the
specific reasoning behind some of these
um in particular like produce bags right
I don't I'm not sure why they couldn't
be put into a into a paper bag
um or other items um same with baked
goods why they could be put into a
cardboard box um or something similar do
you have any um additional information
as to why these are the right types of
exemptions mayor uh councelor Vasquez
they are the traditional ones that are
listed in there the um laundry bag is
even thinner uh than the plastic bag uh
carry out bag that I that we described
and the door hangers are that's one way
of describing them but that's also where
you put uh newspapers when it's raining
and
um and there is um and the but the other
bags that you talked about the produce
bags and that there is a people feel
uncomfortable
putting uh produce directly on there on
on the um uh checkout line but uh that
doesn't that doesn't preclude them from
using paper bags I um I know that
natural groceries uses uh paper bags and
I
um I I just to be honest I just
followed uh the a simple course that
didn't have any controversy in um its
definition and that's that's why I
started out with that I think there's
also concern about styrofoam and other
things like that but
um uh you it's I was just working one
step at a time but
but it goes further thank you Lisa no I
I figured as much um and I have seen
those same exemptions in other um
plastic bag policies in other
municipalities across the state and it
seems to be and and Across the Nation
seems to be some those are some of the
consensus exemptions um I just want yeah
wanted to make sure that the public is
aware that these are kind of standard I
guess exemptions although I I'm happy to
make the case for some that we may not
need but maybe that's for later because
I think this is H this does have to be a
big cultural shift and I think it has to
start with uh those grocery backs right
I think Lisa would you would you say
that those are the
most um prevalent um uses of plastic
bags in in our city um would it be from
grocery
stores mayor councelor Vasquez I can't
speak for the city directly that might
be something that keep BL Cru is
beautiful would know but I know
nationally that plastic bags are the
largest uh source of litter followed by
bottles okay thank you um and then on
the exemptions regarding the the
restaurant takeout bags is that was that
one of the ones you spoke about as well
well um could you clarify what take out
or what type of plastic bag materials
the New Mexico Restaurant Association
has said that they could not absorb the
cost of switching
over mayor counselor Vasquez um this
when we made these initial decisions
about uh restaurants and takeout food
this was this was
preco uh decisions but the New Mexico
Restaurant
Association did have a strong presence
and and we devoted a special session to
it and at that time
they did not want to participate in it
or did not feel that they could support
an ordinance that limited plastic use
and as I said before that was a down
that was a challenge that was the that
was a really point of contention in
Albuquerque now I have honestly not
Revisited it yet since the postco moment
and I'm very sensitive but I like to
call it
postco I'm really sensitive to the
struggles restaurants have incurred from
all this and you know how we can help
them facilitate to go um but I I can see
um you know I would hope down the line
that they would follow suit so we would
have a standard
practice thank you Lisa and I I agree
with you as well and I think what might
be appropriate at least for my end just
thinking about this is to have a phase
out or Sunset Clause included in this
ordinance for restaurants that might be
different than these other categories of
retailers
um uh you know I think you're right as
restaurants begin to Source the product
or Source the types of containers and
Source the types of carrying material
for their customers to use that works
for them I mean every depending on what
the restaurant is selling the container
might obviously be different shape or
kind of funky or whatever you know
whatever it is and I think those
restaurants need some time to figure
that out um and so I I would I think
support a type of maybe a maybe a
one-year you know ex extension for
restaurants to um phase plastic out uh
so that they have some time to figure
out what kind of containers work for
them on the takeout and and and I get
that you know some of them may be more
expensive than the current plastic bags
but um some of them do it already you
know with like drink carriers and and um
other types of material that are made
out of cardboard um and that kind of
thing so uh I just want to throw that
out there for my colleagues to to get
there their thoughts on that as well um
and then um can you just talk Lisa again
about the exemptions I think uh you you
mentioned for the elderly and I'm sorry
if I missed that part of the
conversation or or certain age groups or
certain demographics but could you go go
over that again real
quick mayor councelor Vasquez I what um
this was a conversation that we had in
in 2021 and it's very important to all
of us that Equity be considered and we
wanted to make sure that there was um
that the way that we had it worded
would be um Mandy if you go a couple
slides forward uh to the where it says
uh equity on it uh that will have the
verbiage there um I'm sorry the we we
wanted to make sure that the the words
back one yes that the word that the
exemptions of different programs
that the
did we lose Lisa she froze make clear
and and so um but we're not uh confident
on how we would uh use those sorts of
exemptions uh for seniors and um so that
is that's that's kind of a loose end at
this point and I was going to reach out
to our senior programs for direction on
that um and so those those individuals
with um that have these public benefits
would be able
to again yeah we're losing you Lisa I
don't
know we're kind of you're kind of
cutting out there Lisa if you want to
take off your video it'll sa save your
bandwidth a little
bit
okay uh thank you Lisa I think I got the
gist of what you were saying um and uh
yeah I think we're just losing your your
audio there a little bit but um uh yeah
I I fully Support also on the equity
piece of things making sure that at the
point of sale uh we are not impacting um
the most vulnerable in our community
with additional fees or charges to
purchase a you know a reusable or a
paper bag and so however the city can
help to
support uh you know providing those
types of bags for that for the
population of folks who um you know
might be more difficult to incur this
economic impact then I think we should
opt on that end of things if we can um
however we can do that and so I don't
know if there's a way to generate funds
from this that helps establish such a
fund um that would be able to to provide
that I know in the past we've talked
about having like a bin at City Hall or
somewhere full of you know reusable
canvas bags or totes or whatever it
might be that are just free to Citizens
that they can come and pick them up and
maybe maybe the city has different
locations uh maybe it's a nonprofit that
starts uh you know another an
opportunity to have bins at like um you
know different uh uh major retail places
you know major grocery stores and stuff
like that I mean that might be something
good for a community organization to
take on with support from the city uh
but I think that's an important piece of
this I will say that shouldn't be the
end all be all of this I mean cities
like Albuquerque and um uh's say Silver
City you know with probably some similar
demographics to ours in terms of income
um have been able to do this
successfully so um I think we can figure
it out as well uh and then Lisa can you
can you just uh this will be my my last
question here um the timeline for the
implementation well let's just say the
timeline for getting this ordinance
before Council
and having Council be able to discuss
and vote on an ordinance um with these
specific um pieces in it and then the
timeline for implementation um could you
just go over both of those things real
[Music]
quick I hear a phone ring yeah I know I
you hear me yes I can hear you
it's it's spinning for me oh okay I can
hear you I hope you heard me so yes and
I've I've heard everything said mayor
and councilor Vasquez I feel like um I
will defer to you all as to the timeline
that
you oh no okay we may get her back here
soon
um
well I I'll continue while maybe while
Lisa gets back on here um councelor
Vasquez yes go ahead uhuh you asked a
question earlier and I think I have some
insight if you if that's all right
absolutely yes um if that's okay mayor
sure okay thanks um you were asking
about why the exemption for some food
items um and I think most of it has to
deal with these items especially like
meat products and even some of the
produce um there's like a seepage
element to it that or leakage and that
it gets difficult with like different
types of cardboards um might be used or
paper products and so that's usually why
those exemptions are in place for
that that's a yeah that's a great Point
that's a great Point um the irony is
that meat is packaged in styrofoam and
plastic already and then you put more
plastic around it it but but I don't
know a better way to do it
so well thank you so that was all oh
thank you cervus st no I agree I agree I
think those that I think those um
exemptions make sense in other um cities
I'm sure have thought this out you know
and if you do look at Albuquerque they
have very similar exemptions um and
something to consider is they also they
have a full um layout of everything
about the ordinance
um corresponding ordinance with berol
Leo and then it lists out exactly which
types of plastic bags are allowed and
why pet waste is also another one so
anytime you have those kind of materials
you um using a different type so it lays
it all out there as well so that's
something for us if we move forward to
think about laying out so that our
residents are um fully aware and can
understand you know it looks like like
Ian um put his hand up here so Ian you
had something you wanted to comment
about yes um hello everyone I just
wanted to apologize Lisa is having
technical difficulties she's rebooting
now but she did mention the uh the her
assistant in Co-op who had a big part of
this Courtney comes is on as well so if
there are any questions while Lisa is in
the cloud trying to get back on Courtney
could chime in just wanted to share that
okay great I appreciate da
Connie you know I've got I've got one
thing if you don't mind since we're
talking about this uh Mandy can you go
back to the screen where it showed the
exemptions
please that right there oh do go back
one
more the next you just there you go so
um I'm sorry who was it Eon who's on the
who's on the line Courtney cones
Courtney So Courtney let me ask you this
so if if if uh um let's say we do we do
this but we allow the food banks and
restaurants to take out establishments
to still have the Plastics what if they
go to these restaurants and stores can
they can they keep those bags and then
take it to them to these grocery stores
and department stores and re kind of
reuse them that way are they allowed to
do that do you
know mayor council um this was something
I saw done I think in um Silver City
Courtney I just need to your name please
oh I'm sorry what was that I just need
you to state your name please oh hi my
name is Courtney um and I'm the
sustainability Co-op um Silver City has
something that they I saw in their
ordinance where um they allow people to
bring in their own bags from other
stores and we use them and there's
nothing in our ordinance that discusses
this but I don't see why that would be
an issue if they're going to be reusing
them okay thank you Courtney and your
last name me spelled comes K Mees I'm
just doing this for the transcriber so
councelor Vasquez what I was thinking
was this um you know that that that if
you don't bring in your own bag then
they're going to charge you right at
these uh department stores or grocery
stores so you would think that now you
they have an incentive if they go to a
restaurant to keep that bag and not
throw it away and not and and almost
like say well I'm going to keep these
five bags that's 50 cents and then take
them with them to the grocery store so
you could see them being reused and they
probably won't get uh thrown out as
trash like and so I think this is
honestly I have to tell you something
I'm impressed
because I I after watching this
presentation that Lisa did especially
the part that what got me was that
little particle of I guess she's trying
to imply that that all of all of us had
a little bit of plastic in us and and
ironically I saw that movie Dark Waters
where it talked about Teflon all of us
have a little bit of Teflon in us and
then you show and then this exemption
here um I'm actually okay with this
which is amazing uh because I was a
little bit you know I don't know um but
I'm good so I and I got the thinking you
know now everybody is gonna want to hold
on to their plastic bags because they
don't want to pay for that you know um
go to California it's just a it's a
non-issue you know they just charge you
you have a bag no I don't have a bag and
they just add another I don't know how
much they charge 10 15 20 cents who
knows over there in California they
charge everything but anyways just
thought show uh share that with us thank
you Courtney thank you for your uh
jumping on like that you did pretty
good thank you mayor um thank you as
well Courtney I think Lisa's back on I
think I see her um just pop up here
um I just saw her name see it pop back
up but she on the phone oh you there on
the phone
Lisa okay maybe not maybe she popped in
and out I think um uh but but okay I you
know yeah mayor I mean I think to a
degree I think that's okay um but also
you know we're we're still perpetuating
the use of plastic bags in the long term
if we continue that practice in my in my
opinion let's revisit in a year and you
know not and if it and if it continues
then let's start clamping down but I
think I have a feeling that people are
going to hold on to those bags if we do
this if you cut this out and you and you
still and then talk about what better
way to in incentivize them to go to a
restaurant is to go eat and get their
plastic back to for well yeah I no I I
I'm I'm not against that and I think
well even if we were to phase this out
or revisit it in a year I think that to
me is okay for the restaurants in
particular again as they figure out what
works for them um uh to to perhaps
transition out of of using plastic bags
in the future um so so I think that's
that's going to be really helpful um by
the same token I think you know I would
love to also have an ordinance on the on
styrofoam and other single use reusables
or single use Plastics um like like
straws and and other types of things
like that here because I think plastic
bags are just a small I mean they're
part of the equation I don't want to say
small I apologize they're part of the
equation but I think single-use Plastics
in general are are certainly just as big
of a part of filling up our landfill our
oceans our deserts with with other you
know materials and so I think this is a
start and I think it's part of that
culture shift that it's going to take
for us to get to where we want to get as
a as a community and as a planet right
so good I
agree okay well with with that um I'm
sure my colleagues have other questions
and uh comments and I see Lisa's coming
back on as well um so I'll just say
again I fully support this I think the
end of the year timeline is a good or
the beginning of 22 is a good timeline
for us to execute on that Communications
campaign that Lisa was referring to uh
in partnership with different different
folks but in all honesty I think we are
lagging a little bit behind and I'm glad
that we're um hopefully putting an
ordinance in place soon and so my my
suggestion would be to get an ordinance
drafted and before the council sooner
than later thank you
mayor thank you Council com thanks mayor
um and thank you Lisa and Courtney and
councelor Vasquez for your comments um
yeah I think this is particularly timely
I actually before my comments and
questions I actually want I sent Mandy a
couple pictures that she's going to
share with you all um last year
counselor beta stui and I took our uh
Las ch's utilities tour and we um were
able to go to the lman property um as
they were cleaning it up and I was able
to take some pictures of what um those
trash piles currently look like and
reminder right that this is 1965 and
prior um and this is the trash that
currently lives in our community
underneath our feet and as you can see
the thing that lives
forever are plastic
bags um to me this was one like when I
saw this it is just like the clearest
picture for why this is important and
for why um while we can't control the
production of right like the industry
needs to be held accountable but the
more cities like us take a stand against
public plastic bags I think um that
message will
carry the the stronger that message will
be so um I just really wanted you to all
to see the these in case um some of you
haven't made it out to the lman property
um but I just really wanted to show you
because these have been sort of burnt in
my brain since I saw them um thank you
you can stop sharing I appreciate that
Mandy
um I for me it was really critically
important also to have um the fee be
waved for those who can provide their
SNAP benefits or tanif or any of those
kinds of things right we already know
that of course those families
are vulnerable um I think we still need
to do as much education as possible with
with all income families in terms of why
um getting reusable bags in your
household is important um but that you
know that added cost should not come to
the most vulnerable of communities I
think Oregon state has really led the
way in in when they did a Statewide
plastic you single use ban um and they
really made sure to implement this
particular piece to me was really
important um Lisa or uh I don't know if
Courtney maybe it'll be Courtney yeah um
well I think Lisa might be I am yay hi
Lisa man today's been a zoom wild day
for
everyone um I did I also had some I
remember us discussing the exemptions in
terms of certain plastic bags like the
produce bags and besides I need those
for my tortilla press as well so I'm
okay with that but um I I do remember
the exemption for some of those what I
don't remember discussions in in our PRC
Lisa or even um prior to covid even
before I was on Council on the
sustainability committee I don't
remember the conversations about
restaurants being exempt um I'm you know
I'm glad the mayor's on board but I
because of that but I'm personally um I
think they should be phased out as well
um you know some of my favorite local
spots are using plastic bags for your
food when it's when you pick it up and
delivered um you know I so I I'm curious
as to uh when that was sort of put in
here because I don't remember that being
part of any of our conversations in the
last
year uh mayor councelor
bomo I I think what happened was in in
the last 6 months when we've talked
about it we have talked about what was
totally unresolved and I I didn't re
visit the retail or the restaurant at
that juncture because it had
been H it had been such a um firm point
I agree with you and the rest of the
council that it would be important to
revisit it and so I hope um I I I think
we should take a look at it too and so I
I don't perceive anything that I've
presented as as firm uh for the council
great and perhaps I think I would
support maybe a phased in approach for
restaurants I know they've been
particularly hit hard with covid and so
I would hate to make anything more
difficult off the bat um but I so I
would support looking into a phased in
approach but to eventually take out that
exemption for restaurants and takeout
bags um I think at the end of the day
you know um we want to um move towards
reducing the impact like we Wen we're
not going to eliminate it at the end of
the day we're not going to um but it's
important that we take steps towards
reducing that impact I mean um plastic
bags are really terrible I don't I mean
Lisa you explained it and I think um
that us making this commitment to our
community and future Generations is
incredibly important um so as much as we
and then to me this is only a first step
like counc Vasquez said to me the next
step is styrofoam the next step is you
know a lot of single use um Plastics to
include within City uh the institution
of the city of Las Cruses right getting
rid of Styrofoam cups in the Commons
area and those kinds of things and re
and and ensuring everyone has reusable
water bottles instead of plastic bottles
um anyway I actually don't have a lot of
questions I just wanted to make those
comments and and sort of show you those
pictures but I hope that you take those
pictures with you as we move forward
towards making votes um with this um
with this particular decision oh just
kidding I do have one question um
Lisa there's also so obviously let's say
you know you said the enforcement would
begin January
2022 um so give depending on and if this
moves forward if this is um adopted by
the council what is there's obviously a
period where people have to figure out
okay well we got to get rid of
everything we have right we have to use
all the plastic bags we have now um so
there's that period and then are we
saying that that would be any time
between when we vote on it and January
or would that be longer before
enforcement actually
begins mayor uh councelor Beno what what
I'm suggesting is that we um let let's
just say that the ordinance was adopted
uh in June then we would take six months
to adjust to people being required to
use bags okay perfect and that um and so
if it didn't get adopted if it got
adopted I just thought that a six month
transition and we are also trying to um
the the the school district was very
keen on having um kids sell bags as
school fundraisers so we could have them
outside the stores selling bags and and
promoting their school and promoting the
idea of of of using re re uh reusable
bags so or or encouraging cottage
industries to sell them at the farmers
market or um so those were some of the
positive ways that we wanted to promote
this as being way to encourage small
business um solidarity and the community
and um you know the mentality of having
a circular economy instead of just a
throwaway one so all of those things
were driving us to know that that change
was coming
forward I love that Thank you Lisa for
that point those are all my comments
mayor thank
you uh councelor sorg thank you Mr Mayor
I won't need to do any speeches here
because uh we all know this needs to be
done uh in fact uh we've been discussing
this for approximately six years and the
city council ogga pedosa and I uh both
talked about doing it that that about
that many years ago and believe it or
not seal Latino uh was also in favor of
it too to ban the plastic bags now um I
didn't hear it been been mentioned in in
the presentation but can I assume that
if a customer brings his own bag to the
uh to the store uh to package there is
no charge whatsoever
Lisa mayor councelor Sor you are correct
okay just wanted to get that squared uh
second thing is uh I like all the
exemptions they're good for uh lowincome
people and so forth um but I think
there's one that we don't need and that
is uh prescription bags bags for
prescriptions uh CVS puts theirs in
plastic bags that is CVS puts theirs in
paper bags so if they can do it I think
the other pharmacies can too um and then
three uh this nonprofit that's going to
get this uh five cents uh splitting the
the 10 cent uh charge for for bags um
what will this nonprofit be um doing
with that five cents uh is there
something
talked about in that
area mayor uh councelor
sorg
I when we were determining what to do
with the other five cents we were trying
to make sure that the paper bag that can
be anywhere from two to 7 cents more
depending on the volume that you buy uh
to to offset that cost we we we gave the
retailers 5 cents and then we had other
yeah and then the with the other five
cents we were we're we were thinking
this is already an imposition well not
an imposition this is already a
directive from the city we don't need to
make any profit from this we want to
send a positive message that
that that it's that the 10 cents is not
punitive it's something that's that if
you have to pay at least it's going to
good things um the city's not a good
thing but I mean to to say that it's
going to go to a nonprofit what the
nonprofit does with it I
um suest much money I think we're
talking about like
$25 that that that a store might might
get uh or I mean a a nonprofit might get
and and so um I think that I would defer
to the nonprofit to use it maybe for
education or whatever is appropriate for
them um one of in other words you didn't
have anything in mind and could use it
mayor councelor uh Sor I we didn't put
anything specifically uh because I
didn't know how we could enforce it um
but I wanted uh but I but I wanted so I
wanted it just to be the positive
recognition also Community Development
was like my gosh how are we going to
collect that money it was like the the
logistics of that was was sure uh
overwhelming for them so we thought that
we would cut out the middleman Lisa may
I make a suggestion surely that they
could use that money to go to make uh uh
cloth bags or other reusable bags for
and then give them to uh people that you
know have a hard time affording bags
like that
that mayor counselor sorg I I think that
is a great idea and I was actually
thinking it would be good to enlist
someone like the community school
parents or um Community of Hope if we
gave them some sewing machines and some
material to be able to make those cloth
bags for us and then they could sell
them for for uh a revenue generation
themselves sure sure okay just
suggesting that's how we get more
reusable bags out um so I have agreement
with the other counselors that we need
to get this done soon uh it's time to
get it done and by passing it soon uh
they can be the businesses can be ready
by January 22 uh to get it done so uh
that's all I have Mr Mayor thank you can
you expand on what you just said you
have an agreement with the other
counselors what do you mean by that oh
the other counselors were talking about
how we need to do it soon okay I agreed
with that all right thank you for that
clarification there Council
sword uh let see councelor
Flores thank you mayor and thank you so
much Lisa and uh my heart uh goes out to
you uh for your work and also uh I
commiserate with your um technological
skills or excuse me lack thereof I mean
I have them and I have a lot of s with u
i Jinx everything but um I yeah I have
to definitely Echo what my colleagues
have said about the importance of this
uh ordinance and I'm so happy I'm not
entirely happy with some of the
exemptions and let me just speak on
behalf of my fellow seniors we would be
very happy to um we we we I grew up with
plastic bags I mean excuse me paper bags
and those paper bags were recycled
reused what whatever um and we would uh
use them as our uh trash bag and it
would be under the sink uh under the
kitchen sink and uh that would get
thrown out every day so uh you never had
a bunch of garbage accumulating in your
home and uh then the smaller bags we're
uses are are sack lunches so and and it
was just they were used just used for
everything so I don't think that seniors
have to be an exemption or a uh uh
somehow a special group of of uh
whatever but um anyway I um and also
um yeah the mayor's right California
where I lived for most of my life um
definitely most of my life because I'm
not going to live another 70 years um uh
the uh the um stores just automatically
like Trader Joe's for example if you
don't have your bag they just give you
they they just start packing and they
charge you a nickel and um and I've
noticed that in other stores too um and
you know putting your putting your
vegetables in in a paper bag isn't bad
except that here except that Natural
Grocers but every other store you go to
they're constantly watering those poor
plants that by the time you get them
like my cilantro it lasts like a day
because it's already it looks fresh
under that water and then you bring it
home and it's already wilted so so
anyway just it is definitely a question
of changing behaviors and by the way
plastic bags are the biggest um
contributor to the um to the uh
Greenhouse uh gas emissions and because
they contain ethylene and uh methane or
they you know they that's that's the
breakdown that's a chemical breakdown
and so it produces that Greenhouse
Effect and that's how we have climate
change and it's affecting the um Arctic
cap and um what's going on there is that
um the the gases that have been emitted
into the atmosphere are trapped under
the ice so when the ice starts melting
it affects the phytol Plankton once the
phytol Plankton is affected it means
that we're not getting we're losing 50%
of the Earth's atmosphere you know the
healthy stuff and it's also um it's also
uh killing our uh basic food web so the
ocean web and of course uh you know that
that pretty much covers the entire
planet so I just I can't stress enough
how much I know that when I go to
Albertson's it just irks me I walk in
with my with my bags and to to um and
I'm G to have to talk to the
manager um and before I can bag my own
groceries already throwing everything
into plastic bags so uh that's just
something that Albertson has to do with
all due respect to Albertson and and
everybody there but um so I um I you
know I'm really sorry you know during
this Co a lot of us have been um had our
food our dinners delivered and I was
really impressed by um a lot of
restaurants like uh Lake and Sunset
Grill and I think even Taco Bell uh
while my son was here he just he loves
Taco Bell and um but they all delivered
in in brown paper bags and of the food
containers were also that hard hard
compressed um paper you know like U and
so you know and I grew up everything we
you know like um when you went anywhere
you know you'd buy a a chili dog and and
theyd serve it in a in a little paper
thing or that thick paper that thick uh
thick thick paper so it's a question of
and there' be an industry there too you
know I don't understand why there's so
much push back and not uh looking at the
bigger picture and how harmful it is to
our planet and to us because we're going
to die in the end I mean you know we're
phasing ourselves out so uh I don't want
to be melodramatic but I do want to
thank you Lisa so much for this
presentation and I do agree with
councelor vos's point that we we should
have a sunset Clause here and I don't
know if it's going to be Revisited in a
year I don't know if somebody has a
little you know calendar to set that to
see how it goes a year from
2022 um but you know everybody in you
know through many many places on planet
Earth are are now using uh paper bags
and you know it's just just a question
of acclimating um so anyway yeah I'm for
definitely for a form of this um having
an ordinance that that covers this
plastic bags are are really horrible
horrible horrible thing but um I would
really like to see that Sunset clause in
there since since we have pushed back
from certain industries and we want
everybody to get on board so mayor thank
you mayor mayor council Flores I
appreciate your points um I do think
that I will uh promise to revisit the uh
restaurant industry one thing I I do
want to point out for for um the council
is that Al uh Albuquerque passed its
ordinance and then it then it let it um
it rescinded it during covid and now
they tried to bring it back and it's
been very difficult so um if that's a
silver lining that we're starting it
aesh uh we we can have a consistency in
our messaging great thank you thank you
Lisa thank
you yeah and I'll just tell you I was
okay with it as is I'm just and I know
you you have me outnumbered but I won't
be voting for it so you just lost me a
what well I I don't support the sunset
Clause I'm telling you it's better to
have a few Outlets have the Plastics so
that people can go there because if you
get if you eliminate it all
okay you're going to you're going to
eliminate how are people going to be
able to unless they get their own bags
cloth bags I'm just saying they could
take get it from the restaurants and
then they can save them and then take
them to the to the grocery stores you
know't used to saving anymore we don't
live everything is disposable you notice
everything yeah okay we good all right
well then there we go you know I'm just
telling you I'm not supporting
it you're not supporting it at all no
well I was but then you want to put a
sunset clause and and put you know I was
okay with let's just visit it a year
from now but no you know guys want to go
with the sunset you want to visit you
want to visit it a year from now so
you're saying that without the S Sunset
Clause you'll support it yeah as is the
way it was presented that's why I was I
was impressed because I was I I didn't
think I was going to go with it but
after the presentation especially what
got me was like I said I just watched
that dark Waters movie about Teflon and
and then Lisa goes and tells me how much
percentage of milligrams I have of
plastic in me so okay and then you you
you know with that exemption with the
restaurant I like that I'm okay with
that because I can't tell you how many
times you'll be carrying stuff and then
it spills you know and and but I'm
telling you I think if if you have a few
that you have a couple places that you
can go you know someone will say hey you
got to go to the grocery store I need
some plas bags let's just go over here
real quick and we can get some at the
restaurant and you know it's a two for
one but that's just me thinking but
the Manu spills all over the place are
you going to use those bags have you
ever tried washing a plastic well turn
them inside out wash them and dry them
out okay so we got counselor any any
form I mean I'm just saying the sunset
CLA would be wonderful uh but anything
we need to start we need to start
somewhere and I think it's exigent
circumstances at this point Thank You
mayor like Connie wants to say something
Connie
yes thank you mayor uh and distinguished
council members zon Tomia assistant city
manager uh I I just wanted to bring
something up uh Lisa and I spoke about
this and I think she'd be uh better
sharing uh what was done but I had a
question about this exemption too and
she had mentioned that the we were
following suit of what Albert cookie did
they had the restaurants there was a
huge impact and so um they there was um
this this is this is what they did to to
get it passed and so we were following
suit as well but I know she received
phone calls as well and so we were
trying to really take uh the less impact
approach um when when we bought a
potential draft ordinance forward um
again this was before my time so Lisa
could you speak to that and share some
of that background information might be
helpful for the council members and
mayor mayor um count this is uh that was
the way that we approached it when we
had the stakeholder advisory committee
in
2019 and
um and so I was I appreciated uh the
council bringing it to my attention that
it was something that was still there
and I think that the restaurant uh
exemptions were still there and I hadn't
really given it a a thought and um I
think it it warrants talking to them if
they feel that that this is a new day
and plastic bags give them PTSD for
covid you know maybe it's time to uh to
move it but I I I will totally reach out
to the restaurants and get their pts on
this again I I also uh hear what the
mayor is saying about wanting to have
things that don't
spill I do see that there are several
different types of bags that are out
there that are either thick and can be
rewashed or um that are coated with uh
with a an an material that makes them
waterproof so um I'm it's duly noted
that there have to be different types of
bags that can be used for all sorts of
purposes and um and and there are times
that obviously you'd only use a single
bag I mean if you if you walking a pet
it's a single use bag there's there's no
getting around that one so um I guess
you could have a shovel but the the so I
I I think that we just need to be
judicious about what are musthave single
use items and opportunities for those
um for having those still be accessible
um and and and I will I will make sure
that I've read the pults of of the
community and the retailers more before
um before I bring It Forward for uh
review well I appreciate that
Lisa okay so you're done councelor fotus
so we'll go to councelor Beta
stui thank you mayor um and thank you
Lisa and Eon um as well and all my
colleagues for asking questions I don't
want to be labor the point I think we
all uh gone through this with many
angles um the two things that I'd like
us to check on if we are basing all this
uh items kind of off the Albuquerque uh
set and I was also looking up some of
the other uh places in uh that have done
plastic bags and they all have the same
kind of set of exemptions and so when it
comes to food and medications we want
want to look into if there's any federal
standards that we're having to me and
that's why those are on the exemption
list so it's just um if we're going to
consider other options I think we just
need to look at that um but other than
that thank you for all the work and for
the great
presentation thank you good point
counselor bet sty yeah and its
consistency you know uh you know how
people are going to always compare us to
Albuquerque well Albuquerque does it
this way well okay or you know Santa Fe
does it this way you know so I mean I'm
I'm plus it's additional cost right now
when restaurants don't need it you know
paper bags are expensive you know and
and I think it's just uh you know we
that's why I said let's revisit in a
year you but if we put it in there it's
G to have to be done you know it's just
that's that's where I would rather just
what was presented I like and you know
that's just me U looks like we have a
few more comments here councelor sword
do you have your you have your hand up
or did you forget to put it down
council florus did you have another
question okay Council
Vasquez um I just Mandy I just sent you
an email with a picture um taking from
councel vano Q
here all right uh this is the Chihuahuan
Desert Nature Park uh a gentleman by the
name of Mr Jim Wilcox just sent me this
photo uh Mr Wilcox if you're listening
or Jim thank you for sending this to me
uh mayor I want you to look at this
picture because this this is what we're
fighting I mean this is what we're up
against right this is a Nature Park in
our community right now and so I agree
with you the inconvenience of uh or for
restaurants like I said I'd rather opt
on the side of helping the restaurants
help helping the city provide bags for
the restaurants and I am on the side of
putting more bags in our desert like
this I I I think we can do it I I really
do and so
um whether it's a sunset clause or like
we did with the minimum wage a review a
year from now to make sure that we're
doing what we best can to make sure our
community doesn't look like this um if
this is a Nature Park you know our
neighborhoods our communities our our
highways look even worse and so you know
there's a lot of restaurants there's a
lot of takeout food every you know folks
are taking hundreds of bags potentially
in in um takeout every day from you know
400 different restaurants you know I I
just feel like it's a big part of what I
think we need to do to change things and
so um I agree it's a cultural shift it's
going to be tough uh but you know if
three or four years down the line our
our desert still look like this our
community still look like this you know
i' I'd rather have taken a more
proactive Approach at doing this and so
uh whether it's a sunset clause or or or
a mandatory or a revision period every
year to just kind of check on how things
are doing so that we can update you know
this ordinance um I'm fine with either
one but again I I don't want to continue
encouraging the use of plastic for
certain industries and not for others
when I think you know we're able to to
hopefully you know Help The Help the
little guys that that can't perhaps
afford it so I just thank you Mandy
thank you mayor yeah no I appreciate it
counselor and and I I watch
documentaries I see the Plastics and it
is terrible it's it's especially along
the east coast and I guess the West
Coast West Coast I mean and I'm sure
along the east coast and it's terrible
especially there in Santa Monica and and
La it's just it's just not right I mean
I you guys probably didn't know this but
I mean when I was a little kid we I
lived over there for five years from
from an infant to five and I still
remember going to the to the ocean my
dad would get Abalone and go fishing I
mean and to see it now is there's just
no way I don't like the you know the
West
Coast Rivers I mean oceans is bad but U
SL B thanks mayor um yeah I mean I think
that by saying you know just go to the
restaurant so you can get a plastic bag
and reuse it like think we're missing
the intent of what this this ordinance
the or this
ordinance the intention of this
ordinance is not to place a burden on
anybody the intention of this ordinance
is to ensure our landfills don't look
like they currently do our desert
doesn't look like our currently do our
eBid ditch Banks don't look like they
currently do it's a much broader intent
um and frankly you know I reuse all all
of my grocery store bags I reuse them
all in my trash cans whatever I never
reuse my restaurant takeout food bags
because they have grease they have salsa
they have cilantro they have soy sauce
you name it that bag will have it or the
knots they tie the knots real crazy so I
have to cut them anyway I will not reuse
restaurant PL plastic bags because I
never can and so I think it's um maybe
naive for us to think that other folks
will as well um and at the end of the
day I think we really have to think
about a much longer impact than the
current one again I understand that um
the pandemic has been pretty hard on
restaurants and so I like I said I would
be willing to phase in Phase it in for
restaurants um but ultimately to get
there and completely eliminate those
single plastic bags
critical so try carrying three or four
sub boxes from Dion's in their plastic
bag and I don't throw those away I still
have them I can show you one right
now they don't get dirty boxes back in
those bags and throw them in the track
know I I got you I hear you I understand
that but um I'm just saying if you
eliminate that one sector because that's
a big sector
of plastic bags I think it's going to
encourage people if they do receive it
from a restaurant to keep it and if they
have to wash it out keep it it mayor
it's such a big sector then it would not
reduce the use of plastic bags in our
community and that's why I said revisit
in a year I mean we're we're it's we're
constantly putting things um obstacles
on businesses to you know it they're
they're trying to just keep their head
above water right right now you know and
and with covid and all these other
things that are now now you're you know
from the minimum wage to the to the paid
leave all these things and now you're
throwing on bags you know now they got
to go buy paper bags because you know
that's why I said it's revisit in a year
not saying you know I don't want to see
that area like councelor voska showed
and that you showed which I have to say
plastic bags hit in the mid 80s not in
1960 so in 1960 they were still paper I
remember as a kid those big huge bags
they're they're they're brown bags but
anyway and plus I used to in school we
used to you know I didn't have a lunch
pale I used to run it put it in a paper
bag but anyways I'm okay with revisiting
a year but I'm just telling you I'm you
know put a sunset on there you've lost
me but that's me you know that's just my
well again mayor I and I mean this is
off topic but I don't think increasing a
living wage for workers in our community
is a burden shouldn't be seen as a
burden it should be seen as anue of
justice and Equity anding that people
don't live in constant poverty so I know
but you just the business owners you
just just take it from them all the time
all right councelor Vasquez you have a
comment just one more thing uh I just
want to see if um Lisa if you might not
look into the American Rescue plan funds
that we have available um and see if
there's any way for to use ARP funds for
the city to buy a whole bunch of bags
for small businesses to be able to use
um as part of this transition uh come
next year uh I there's a lot of stuff
included in there and I'm just thinking
hey if we can use federal money to buy a
whole bunch of bags make them available
that might be a solution so thank you
mayor yeah mayor councelor Vasquez
that's brilliant I will do
that thank you all
right okay well uh was that it um Lisa
mayor yes it is okay well you've got
some good comments there and councelor
vus did you forget to put your hand down
or you put you have another comment
close that's it for me mayor thank you
sorry about that all right no
problem okay EO is that it we uh
finished with uh look like on the agenda
anything
else I think that's it mayor okay very
good well if there's nothing further
entertain a motion to adjourn I'll still
stick around we got the agenda setting
meeting but uh other than that take a
motion in a
second motion made by councelor Florida
second by councelor B sty that we
adjourn
Christine this is on the motion to
adjourn the work session counc AA sty
yes councel Vasquez yes
councelor bomo
yes councelor sork
yes councelor
FLOTUS
yes councelor Ganda yes mayor yes okay
we're adjourn at 5:23 pm and um be sure
to get your Dinners Ready on the 19th
because it's going to be a long
meeting a lot of non-consent here I'm I
think I'm going to that three minute
room okay so we'll see you guys
later okay byebye bye everybody I mean
you're welcome to listen but whenever
you're ready Christine I'm ready mayor
okay so this is the agenda setting
meeting for our April 19th 2021 city
council meeting number one non-consent
one non-consent two non-consent two
non-consent three non-consent three
non-consent four non-c consent four
non-consent five non-consent five
non-consent six non-consent six
non-consent seven non-consent seven
non-consent and eight consent eight
consent great thank you okay see you
later bye have a good night you too
thanks
for