City Council Meeting December 16, 2024

MINUTES

City Council

Monday, December 16, 2024 @ 1:00 PM

City Council Chambers, City Hall

PRESENT: Mayor Eric Enriquez, Councilor Cassie McClure, Councilor William Mattiace, Councilor

Johana Bencomo, Councilor Becky Corran, and Councilor Yvonne Flores

ABSENT: Councilor Becki Graham

1. OPENING CEREMONIES 1.1 PLEDGE OF ALLEGIANCE - MAYOR PRO TEM BENCOMO. 1.2 PRESENTATION OF CERTIFICATES OF

APPRECIATION/PROCLAMATIONS - MAYOR PRO TEM BENCOMO. Councilor McClure recognized Patrick Rivera and Leonardo Jara with the Mayor’s

Certificate of Appreciation.

Mayor Enriquez recognized the Las Cruces High School Volleyball team for winning their second consecutive State Championship.

Mayor Enriquez presented a plaque from the Sister Cities in recognition of the 35-year relationship between Lerdo, Mexico and the City of Las Cruces. 1.3 JOBS OF THE WEEK. Sarah Raney, New Mexico Workforce Connection presented Jobs of the Week. 1.4 PETS OF THE WEEK. Carol Nielson, Animal Services Center of the Mesilla Valley presented Pets of the

Week.

2. CONFLICT OF INTEREST INQUIRY BY MAYOR AS REQUIRED BY LCMC

SECTION 2-27 (E)(2) 2.1

None.

3. PUBLIC PARTICIPATION 3.1 Kathe Stark, Member of the Public said at the last council meeting two members of the community objected to your support of the state legislation related to animal welfare saying that you are putting animal welfare before the welfare of the residents of the city, and I felt a response was in order because of the nexus between animal welfare and the welfare of our residents in the community. There is numerous studies documenting the connection between abuse, cruelty, and neglect of companion animals and the same behavior then occurring in the family or with spouses, siblings or other relatives. Animal welfare is a public safety concern which shouldn’t ever be ignored. There have been deaths, bites, a resident lost most of her arm, residents are frequently posting on social media how they or their animals have been attacked by a dog or a pack of dogs, afraid to go to the mailbox or for a walk. In the last ten days I noted 5 social media posts related to dog attacks and bites and there was another one this morning. These animals weren’t born to be this aggressive. Training, abuse, neglect, abandonment results in this kind of dangerous behavior that affects our residents. There are drug dealers in Las Cruces who have intentionally acquired specific breed of dogs, training them to be viscous and people have already been hurt. Studies have shown that spay/neuter that is accessible and completed at the appropriate age and health of the animal decrease behavioral problems including aggression and roaming. The city currently spends over $3 million a year patrolling, picking up stray sometimes aggressive animals, processing them at the ASCMV, caring for them, trying to transport them to other areas of the country that have a need for companion animals or euthanizing them and bringing them to the landfill. Think of what else the city could use those funds for if the population of companion animals was brought under control and owners/guardians were helped to be responsible. For all of these reasons I want to thank the city for including animal welfare on its list of legislative priorities. If the state can assist municipalities like ours using the proposed

Animal Welfare Trust Fund, we should all welcome it and not criticize it.

Jane Ashe, Member of the Public said I am here today on behalf of my good friend

Sandra Barmcq, an 82-year-old woman suffering from a number of medical and physical disabilities and living on a very low income. The management of the small apartment she has lived in since 2018 informed her on November 27th that she must move out by December 31, five weeks’ notice. Even though she has never made a late rent payment and taken good care of her apartment. She is frantically trying to find affordable housing here in Las Cruces. There is no such housing available without being on a long waiting list of months to come. Now I know the majority of you up here, sitting up here on the city council have worked very hard over the past couple of years to try to alleviate this problem and that there are a number of projects underway but not in time to help Sandy. Sandy has no recourse to get help and getting her lease extended currently in this state except for the possibility of bringing a case under the Federal Fair Housing Act for those persons with disabilities. There are state legislators who are working hard right now on trying to get legislation passed that would protect low-income families, individuals against these sudden evictions.

Today I am here to invite you, our Mayor, and our City Councilors to a public

gathering this coming Saturday morning at 10 a.m., at 2720 Fairway Drive to hear from some of our legislators, state legislators, and other persons who are deeply concerned about this issue.

Jim Hurst, Member of the Public said I want to give you a quote from Thomas Paine, “separate an individual from society and give him an island or continent to possess and he cannot acquire personal property. He cannot be rich. All accumulation therefore or personal property beyond what a man’s own hands produce is derived to him by living in society and he owes on every principle of justice, of gratitude, and of civilization, a part of that accumulation back again to society from whence the whole came”. According to Paine you have to have society to make money. So those who make money in society have an obligation to society to give part of that accumulation back again to society from whence the whole came. In this case it is Sandy Barmcq versus Purple Mountain Real Estate aka Ebenezer Scrooge and Company. It is human rights versus property rights. I know Sandy. She is a human being with human rights. Tenants are not just a monthly rent payment. They are friends and family. In this instance it’s a human in a health crisis whose life is in danger by being forced to move. There has to be a solution that respects both property and human rights and it falls to this city council to help find it. What kind of person puts an 82-year-old woman out with no place to go who has cancer? And what kind of society lets that happen?

Dina Dargo, Member of the Public said I have been attending the meetings at which the proposed new ordinances regarding animal control have been discussed and I have read those ordinances as well. I believe they can be extremely beneficial to the community not only regarding public safety and animal welfare but especially the area of spay/neuter. They have an opportunity to make lasting change that would help our animal services and animal control departments. I just want to respectfully ask you to please add that to the agenda for a first read at an upcoming meeting.

Lynn Moorer, Member of the Public said I formerly practiced environmental law in

Nebraska. At your December 2nd meeting several colleagues and I requested a briefing at a city council meeting on EPA’s new Lead and Copper Rule with experts allowing ample opportunity for questions and comments from the public. Since you have not yet scheduled such a briefing I will alert you to a legal issue. President Elect

Trump has been promising that he will get rid of all most environmental rules and slash most agency funding including EPAs. The city needs to have a plan if the new administration withdraws the new rule. Will the city just tell folks never mind, no need to replace your lead or galvanized steel pipes. This is not a far-fetched possibility. He is putting a team in place that is quite intent on implementing his promises. I ask you to consider seriously what your back up plan is. Under federal environmental law states and local governmental subdivisions have authority to enact requirements that are more stringent than what the feds require. This means water law is not an area of where the federal government will succeed if they say to step back, we preempt you.

For example, the state of California has enacted its own rules regarding hexavalent chromium in water. Those of you who saw the movie Erin Brockovich may recall that hexavalent chromium was the chief chemical polluting the ground water of the

California folks in that movie which is based upon a true story. In any event California has its own strict rules governing hexavalent chromium that the federal government doesn’t have on its books and doesn’t contest. If the new Lead and Copper Rule is

withdrawn or made more lenient in the new Trump Administration the State of New

Mexico can enact a law or strengthen an existing regulation so that it is virtually equivalent to EPAs new rule. It may be possible for the city to enact an ordinance that accomplishes the same thing. Your legal advisors will need to study to determine what is possible, what can be achieved the quickest and what makes the most sense.

I urge you all to get on top of this swiftly, it will take a while to get a new state statute or new state rules in place. It does take some months for federal rules to be unwound but there still won't be much time to get ready if President Elect Trump carries out his promises to gut the EPA, its rules and its funding. Do you really want to tell folks who have just replaced their lead or galvanized steel pipes or are working on replacing them at a considerable expense, never mind. If you do you will have a large number of very unhappy constituents who are vocal about it. If President Elect Trump doesn’t carry through on his campaign promise to gut EPA and/or its rules there is no harm in having this rule on New Mexico’s books or the city’s books. In fact, it would be a good thing.

Lisa Parrot, Member of the Public said I am a resident of District 6 which I understand will be on the next ballot. I come once again with our October 30, 1997, Joint Tenant

Warranty Deed in hand along with our protective covenants for Cimarron Hill

Subdivision No. 5, Replat No. 1, dated September 11, 1989, which were included by reference with our deed. Both legal documents are a contract between the parties named therein. The parties to the protective covenants were Paul H Thompson and

Catherine H Thompson. The parties to the Joint Tenants Warranty Deed were Robert

V Heger and Madona O Heger and Danny K Parrot and Lisa F Parrot. The Joint

Tenant Warranty Deed was made, “subject to all reservations contained in the patent property taxes for the current year and subsequent years and all covenants, easements, and restrictions of record”. The City of Las Cruces, New Mexico nor the consultant company you are paying with my tax dollars Freese & Nichols nor are parties to either of these legally binding documents. My protective covenants state in part, “whereas Paul M Thompson and Catherine M Thompson have established a general plan for the improvement and development of the property and desire to impose certain protective covenants and restrictions on the property in accordance with that plan. Now therefore the property is hereby made subject to the following protective covenants, conditions, reservations and restrictions which shall run with the land and shall be binding upon all persons owning lots effected by these covenants or claiming under them until January 1, 2019 after which such time the protective covenants will be automatically extended for successive years of ten years unless an instrument signed by majority of the then owners has been recorded agreeing to change, alter, amend or remove said protective covenants in whole or in part.” No such instrument has been signed by “majority of the then owners of the lots”.

Therefore, the City of Las Cruces and/or Freese and Nichols has no right or authority to usurp or supersede any of the protective covenants of our section of Cimarron Hills

Subdivision No. 5 which is part of the High Range Development in the city of Las

Cruces. If the city wishes to negotiate with landowners of new undeveloped property or newly developing property which has none of these restrictions established, then I would encourage you do this. Those of us who have selected our homes in restricted areas have done so to protect our personal safety and our monetary investment. We have this right. The City of Las Cruces was not part of the Joint Tenant Warranty

Deed or its attached protective covenants and has not power or authority whatsoever

to change or override any of our protective covenants which are a part of our Joint

Tenant Warranty Deed. Vote yes only to Realize Las Cruces on land which is currently undeveloped or newly developing property which does not have protective covenants properly filed at Dona Ana County Clerk’s Office with it.

Jorge Aguirre, Member of the Public said I am here in support of changes proposed in

Realize Las Cruces. Single family neighborhoods were built for a nuclear family that no longer exists. We shouldn’t keep building them. Single family neighborhoods are expensive, increasingly unattainable, impractical, and difficult to navigate. They require driving for any activity and thus encourage noise and traffic. They are also land consuming which make it expensive to bring certain services to them and to maintain existing amenities. Single family neighborhoods are often used as vehicles to park money rather than housing and allow outside investors to keep houses vacant in our community rather than renting or selling them for somebody to live in them. The vacant houses encourage squatting and crime that lowers the quality of life of our citizens and in this way single family neighborhoods promote car traffic, poverty, and crime. Yet more important than all of this to me single family zoning destroys friendships. Las Crucens are amongst the most friendliest people I have ever met but very few have close friends. Very few people know or trust their neighbors because they don’t get to see them. New Mexicans in single family homes don’t have reasons to step outside and are missing out on causal low stakes conversations with people that they have things in common with and the loneliness and depression epidemic continues to rise among citizens young and old and in this way single family neighborhoods promote loneliness, depression, and addiction. There is demand for better housing but unfortunately our builders and developers and creatives are forced to build the same boring overpriced cookie cutter homes over and over again. The market is able to supply the housing demanded by our citizens, but our existing zoning laws have made it illegal for our entrepreneurs to do just that. So, I encourage you to approve the upcoming zoning law changes in Realize Las Cruces to free our investors and developers who supply the housing that our growing city demands. To unleash the creativity of our artist and builders allow them to reimagine what is possible to provide a higher quality of life for more of our citizens using fewer resources and create new companies and new jobs in the process. When more of our people do well all of us benefit. Our neighborhoods don’t have to be boring and ugly and unwalkable. They can have character and local flavor and be desirable places to live. Let’s put an end to the laws that force the same boring single-family neighborhoods to be built and let’s build for the people.

William Gilman, Member of the Public said I am a Las Cruces resident, small business owner. Let me comment on the Realize Las Cruces. I really support this. I hope that you will all reflect on it very sincerely and come to the obvious conclusion that this is what is best for the city and all of our residents young and old, whether they are homeowners, renters or whatever and let me tell you why I think that is. I don’t have a good bullet point on that one but basically, I have to get a new car to go anywhere, and I hate it but also, cars are isolating. So, we need more walkability, which means we need more necessary business services in our community. I can’t just walk to a grocery store from the Copper Stone Apartments. I can’t just walk to a pharmacy, you can’t just walk to anywhere. I have to get a new car and drive. When you have walkability, you have the opportunity to connect with your neighbors. You

have the opportunity to socialize a little bit more. Studies show have shown that you don’t need super, super deep friendships or super, super deep conversations. What actually mitigates loneliness and depression is smaller interactions on a more regular basis which you don’t have when you have to drive everywhere. As far as safety, etcetera, like Copper Stone Apartments it is a massive multifamily home development. It doesn’t feel very unsafe over there. I think the people imagine derelicts of apartment complexes filled with low quality people that are dangerous but that is not the case, and everyone benefits from walkability and etcetera. Safety, it’s good for property values. It still has that walkability score and lo and behold the better your walkability scores the more your property value goes up. I have lived in neighborhoods that are very walkable and there is always a strong sense of community there because people are walking around, they get to know each other, they get to talk to each other, the kids get to play together. So, Realize Las Cruces, good for homeowners, good for renters, good for families, good for everybody.

Jo Ruprecht, Member of the Public said I am not at the podium today to talk about historic preservation or about the virtue of ducks, geese or even rescue dogs. I am here to clarify something that I said at last Monday’s Work Session. During public participation I spoke after a couple of current NMSU faculty members, and I introduced myself as another “PhD.”, on reflection this might have been taken in ways that I most certainly didn’t mean. On a personal note, it wasn’t until my junior year in college that I learned about graduate school. I came from a business family that prized education, but I was about to be the first person in my immediate family to complete a bachelor’s degree. I was overwhelmed that there were more heights to scale to meet any of several career paths that beckoned me. So, when I committed to a direction, I was drift in an unfamiliar sea of academic experiences. A good friend saw this and took me aside to share an insider’s view of academic circles and he said look it is not all that hard to understand. Everyone knows what BS means right? Well then there is Graduate School and MS is just more of the same and PhD just means

Piled Higer and Deeper, got it? I took that to heart, and it provided me with needed comfort while I was navigating egos and agendas during my years as a graduate student, and it carried me through my times on NMSU’s graduate faculty. So please understand by referencing myself as “another PhD” I didn’t mean to belittle anyone’s degree much less my own. Someway I meant to celebrate the process of obtaining a

PhD of my own. One other note, I owe all of you an apology if I haven’t seemed collaborative about historic preservation in Las Cruces recently. I might have even seemed combative at times. Many apologies on that to each of you. There are quite a few residents in Las Cruces, we have a mailing list of over 200 currently who hold preservation dear. I hope I haven’t hurt that larger cause by missteps on my part.

Councilor Bencomo, I live in your district. You might remember knocking on my door during your reelection campaign. After today’s meeting I would like to set a meeting with you to discuss broad issues and preserve the rich cultural history of Las Cruces and a complementarity of an issue that is close to your heart, affordable housing. I promise to approach that discussion with an open mind with the intent that we can hear each other with open hearts.

Fred Miller, Member of the Public said I would just like to add in addition to all the reasons in supporting Elevate Las Cruces. Let’s bring bicycle racks to the grocery stores and malls and stuff like that too. That helps with walkability as well.

Stewart Davis, Member of the Public said I live in Las Cruces. When my wife and I moved from Chicago to Western North Carolina we adopted a dog at the county shelter. After seeing the poor conditions we started volunteering cleaning cages, walking dogs, whatever. On my second day a family came in with two young children and they adopted a dog. I spent almost an hour with them, and it was really a joyous moment watching them walk out all smiles, all wags. In the meantime, three litters had been dropped off, 20 puppies in total. I am a retired CPA, but you really don’t need much in the way of math skills to know that something didn’t add up there at all. I was shocked and I was later horrified to learn that this one small county in North Carolina was sending over 10,000 animals to the landfill every year. It really made me sick to my stomach and I vowed that I was going to make a difference. Within a year I was an officer on the Asheville Humane Society, they contracted with the county to run the shelter. Community members and groups worked together and made low cost spay and neuter available and the both the county and the city of Asheville passed ordinances similar to the ones you are considering. The euthanasia rate has slashed and similar approaches have been very successful around the country. We just can’t adopt ourselves out of the overpopulation crisis. Now your attorney wisely suggested that if you pass the ordinance that you delay enforcement for a year to allow the community time for education and low cost spay/neuter options to become available for those who need them. Why not do that? You can always rescind the ordinance for a year of you don’t feel the community has come together to meet the challenge. I don’t think that will happen. That is not my experience. There is a lot of people here that I have met in my time here that really care. There is nothing to lose and so much to gain by moving forward. Like I said at the Work Session if Las Cruces does anything less than prioritizing spay and neutering all we are doing is chasing our tails, let’s stop the killing.

Sarah Smith, Member of the Public said I know that a lot of work has gone into

Realize Las Cruces and the new proposed zoning code over the last few years. I want to say thanks to Sara Gonzales, Chris Faivre, Tim Pitts, David Weir, Councilor

McClure and others who have been helpful to answering my many questions over the last few months. I continued to be concerned of the fact that you will be eliminating single family zoning by allowing apartments and businesses in all neighborhoods. For instance, under the new code neighborhoods in Sonoma Ranch and High Range would generally allow apartment complexes with 16 to 30 dwellings per acre.

Neighborhoods closer to downtown Las Cruces would allow apartment complexes with 50 to 60 dwellings per acre. Besides apartments Realize Las Cruces would also allow local grocery stores, cafés, mobile homes, libraries, and museums in all neighborhoods, local retail stores and gas stations would be allowed in any neighborhood with a special use permit. People will no longer have any guarantee that they can live in a quiet neighborhood away from the traffic and noise of apartments and businesses. The increased traffic may be especially problematic for the safety of families with young children and the elderly. People in neighborhoods where the land is already being used may not notice much change at all but if people live near empty lots or undeveloped land they could soon see that turn into a little restaurant, grocery store, gas station, or apartment complexes where they thought there could only be more houses. For instance, in my neighborhood, the several acres of empty land across the street could turn into an apartment complex with up to 24

units per acre. That could increase the traffic as to where it is no longer safe for my kids to ride their roller blades or bikes down the street. Especially because we have no sidewalks. We moved to our little house on this street ten years ago because it was a relatively quiet street. We wanted to raise our kids away from the hustle and bustle where they would enjoy playing outside more but that doesn’t seem to matter because you have decided that we need higher density housing across the city. Given how much wide-open space we have all around Las Cruces I fail to understand the urgency of making our existing neighborhoods more crowded and busy. City council and staff are also focused on making Las Cruces more walkable but given our hot climate I can’t imagine that people are going to be walking to businesses much from

April through September year after year. Some neighborhoods are already zoned for a mix of commercial/residential uses. That is great for the people who chose to live there. I don’t understand why there can’t be a compromise to allow both mixed areas as well as areas where homeowners will be able to get away from it all. As a community why can’t we support both those who want to live near businesses as well as those who want to live in quiet neighborhoods. It feels like the city council is trying to force Las Cruces to adhere to what is needed in big cities where there isn’t enough land to go around even though we don’t have that problem here. The changes to the zoning code will impact many aspects of our daily lives but most people in this city still have no idea that this is happening. How can you make sure that they have the chance to know about this and express their concerns before you vote in 2025?

Please consider that the voices of homeowners matter as well.

Joe Blust, Member of the Public said I am also here to speak about Realize Las

Cruces. This zoning proposal is deeply troubling for our city. I am receiving information from people who have boots on the ground. Not Facebook, not social media, my neighbors and I are worried about our safety and home values. I am not a classist. I live an area that has no sidewalks, no streetlights and I have had to have security doors and bars on my windows installed, security cameras and a locking mailbox and I have to lock my gas tank. I have to lock steering wheel. I am just saying the representative of my district does not represent me or my neighbors. Residential should stay residential and businesses should stay businesses. I have spoken to so many people and none of them a have a clue of what you are proposing. Before you vote the people should vote. You should ask your constituents what they want so that you can represent them accordingly. Furthermore, concerning low income housing people that I have spoken to in various cities and other states do not support the data that these neighborhoods are more vibrant. I request the data that supports your findings.

Rose Garcia, Member of the Public said I am representing Tierra Del Sol Housing

Corporation that is a nonprofit housing producer that has been in business for 50 years and most of it in Las Cruces and we are also partnering with Cresswell

Company out of Dallas. As you hear here and on and on about the need for housing as well as the other amenities and considerations of development. Tierra Del Sol has taken that consideration in all the developments that we have done through years. In

Las Cruces we have been developing at least half a dozen apartment complexes just in Las Cruces as well as 22 other developments in other counties and even El Paso and most current we are building with your Community Development Department. We are building several subdivisions in the city but what I think I am making the pitch

today is that we are proposing a very large development and that would be located next to the Three Crosses Hospital and there is a 75-acre master plan that we have committed some of the land and that development would be mixed market. It would have some of the housing unit would be for various incomes, some lower, one bedroom or up to three bedrooms as well as market rate. I think that is the market that is needed in the city. We have professional market analyst and so we put a lot of time in the predevelopment. We have been collaborating with your Community

Development Department and we are open to any consideration that you may have.

Some of the discussions with the councilor in the district, it would be in Councilor

McClure’s district, some of the suggestions are very good and the consideration of high density we would like to take advantage right now of some of the financing with the state tax credit programs. So, we are trying to access a higher density with certain kind of financing that is acquired. So, we are willing to consider o at the stage at where this development is we are open to your inputs, but I just wanted to thank you.

There is a great crisis of housing in the city as you know from the numbers that you get from the demographics so we are willing to consider any of the markets that are needed besides not only just lower income but that is a wonderful location. That is a wonderful opportunity for the worker housing as well as those who are retired or the elderly as you heard about today.

4. READ CLOSED MEETING STATEMENT 4.1 READ DECEMBER 16, 2024 CLOSED MEETING STATEMENT INTO THE

RECORD. The Las Cruces City Council met in closed session and only discussed those limited items as stated in the posted notice to discuss pending litigation regarding Cause No.

D-307-CV-2024-00077, Guiterrez-Renteria v. Del Rio ET AL., which is closed pursuant to NMSA 1978, Section 10-15-1H(7).

5. ACCEPTANCE OF AGENDA Councilor Yvonne Flores moved, seconded by Councilor Johana Bencomo, to accept the agenda as presented.

RESULT: Carried

MOVER: Councilor Yvonne Flores

SECONDER: Councilor Johana Bencomo

AYES: Mayor Eric Enriquez, Councilor Cassie McClure, Councilor William Mattiace,

Councilor Johana Bencomo, Councilor Becky Corran, and Councilor Yvonne

Flores

6. CITY COUNCIL MINUTES 6.1 WORK SESSION OF NOVEMBER 12, 2024. 6.2 REGULAR CITY COUNCIL MEETING OF NOVEMBER 18, 2024.

7. RESOLUTION(S) AND/OR ORDINANCE(S) FOR CONSENT AGENDA

8. RESOLUTION(S) AND/OR ORDINANCE(S) FOR DISCUSSION 8.1 RESOLUTION NO. 25-071: A RESOLUTION APPROVING A

PRECOMMITMENT OF CITY FUNDING FOR A FEDERAL LOW-INCOME

HOUSING TAX CREDIT PROJECT FOR AN AFFORDABLE MULTI-FAMILY

HOUSING DEVELOPMENT, SUBJECT TO AWARD OF SAID TAX CREDITS

BY THE NEW MEXICO MORTGAGE FINANCE AUTHORITY AS PART OF

THEIR 2024/2025 9% LOW-INCOME HOUSING TAX CREDIT PROCESS. Natalie Green, Housing and Neighborhood Revitalization Administrator gave the overhead presentation.

Councilor Flores asked on the impact fee waiver, the city puts that up initially?

Natalie Green said typically the way it works is the Housing and Neighborhood

Services does a payment in lieu. So, we pay for the impact fee out of our budget.

Peachtree Canyon was the first time that we did a true waiver in which those fees were not assessed at all. Typically, we have done different things. The developer just has to apply with our office and then we work through resolution or through application process to determine what the best course of action is based on our budgeted funds.

Councilor Flores asked there is not reimbursement at the end?

Natalie Green said no the fee would not be assessed at all.

Councilor Bencomo said I am very excited about the impact that this will have. I also want to say that this is right smack in the middle of the MRA which is very exciting. I am wondering how you are planning on utilizing the MRA designation to help with this project? The second question on that if in the future once the MRA starts collecting funds if those could be used for like the fee waiver and those kinds of things I am wondering how we could leverage the designated MRA for these kinds of projects?

Natalie Green said because it is in the MRA we get extra bonus points in the competitive round so we think this will score really well. Council has adopted this as a legislative priority, so our hope is to get the funding from the legislature but should we not receive all the funding or we are unsuccessful then it could or would be eligible for MRA funds which again staff would come back and we would identify that potential funding source so our hope is capital outlay, but MRA funds are definitely the backup plan. Councilor Becky Corran moved, seconded by Councilor Johana Bencomo, to

Approve Resolution No. 25-071.

MOVER: Councilor Becky Corran

8.2 RESOLUTION NO. 25-072: A RESOLUTION AUTHORIZING THE CITY OF

LAS CRUCES (CITY) TO ACCEPT GRANT AWARDS FOR VARIOUS CITY

DEPARTMENTS THROUGH AN AMENDMENT TO THE CITY’S ADOPTED

FY2025 BUDGET. Gaby Prats, Grant Manager gave the overhead presentation. Councilor Becky Corran moved, seconded by Councilor Johana Bencomo, to

Approve Resolution No. 25-072.

9. BOARD APPOINTMENTS 9.1 None.

10. NOTICE OF PROPOSED ORDINANCE(S)

1) There will be no public discussion.

2) A Councilor may ask staff for clarification on the proposed ordinance(s). 10.1 COUNCIL BILL NO. 25-018; ORDINANCE NO. 3089: AN ORDINANCE

AUTHORIZING THE ISSUANCE AND SALE OF THE CITY OF LAS

CRUCES, NEW MEXICO TAXABLE MUNICIPAL GROSS RECEIPTS TAX (ONE-HALF PERCENT) REVENUE BONDS, SERIES 2025 IN AN

AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $21,000,000 FOR

THE PURPOSE OF PAYING, DISCHARGING, AND SATISFYING THE

CITY’S RISK MANAGEMENT MEASURES ENTERED INTO IN THE FULL

AND FINAL RELEASE OF ALL CLAIMS AND INDEMNITY AGREEMENT IN

CONNECTION WITH ESTATE OF TERESA GOMEZ, ET AL. V. CITY OF

LAS CRUCES, ET AL., CIV-23-00952 AND PAYING THE COSTS OF

ISSUANCE OF THE BONDS; PROVIDING FOR THE METHOD OF SALE OF

THE BONDS PURSUANT TO A NEGOTIATED PUBLIC SALE WITH AN

UNDERWRITER; PROVIDING FOR THE MATURITY DATES AND

AMOUNTS, INTEREST RATES, PRICES, REDEMPTION FEATURES AND

OTHER FINAL TERMS OF THE BONDS TO BE ESTABLISHED IN A

PRICING CERTIFICATE; DELEGATING AUTHORITY TO THE CITY

MANAGER AND CITY FINANCIAL SERVICES DIRECTOR TO EXECUTE

AND DELIVER A PRICING CERTIFICATE AND BOND PURCHASE

AGREEMENT FOR THE SALE OF THE SERIES 2025 BONDS; AND

PROVIDING FOR OTHER DETAILS CONCERNING THE BONDS. Council agreed to bring it forward.

11. CITY COUNCIL MEMBER BOARD REPORTS AND COMMENT

11.1 COUNCILOR MCCLURE I just want to give a really quick shoutout to Rose. It was really great to talk to you and to get a sense of that moving forward with density, and I feel very lucky that I have a couple of projects that are happening in District 1. I am not sure where we are in terms of being able to support this one right now but if there is anything that we can do in terms of getting that one kind of going as well. I don’t know what that kind of creativity might look like on our end. I understand too that striking while the iron is hot is something that we can help facilitate as well. As a side note I appreciate that developers are interested in density and when asked to step up, so I am happy to see that and look forward to that especially seeing Realize coming into fruition. 11.2 COUNCILOR MATTIACE Kudos to what Cassie said and I support her statement. I worked with many projects both as councilor and mayor with Rose Garcia and her projects, her units, the safety in them have always been exceptionally great. Rose if there is anything that I can do to help support please let me know. 11.3 COUNCILOR CORRAN I am also really happy to see Rose here and support your expanded projects.

I just wanted to give a quick update of the ASCMV. If you did not see the ASCMV board met in a closed and then open session to appoint an Interim Director Liz Seely who has been working at the ASCMV for about 10 years and she was willing to step into this role on an interim basis. She has a lot of strong community connections and really cares deeply about rescue partnerships and addressing our animal welfare through collaborations. I just want to give a shoutout to Liz for being up for stepping into that position. I also want to express my gratitude for the outgoing director heading on to new bigger and better things in California, Clint Thacker. He started here in

2017 when he came on board the ASCMV was putting to sleep about 8,000 animals per year and now thankfully that number has decreased down to about 3,000 and hopefully we can continue to keep bringing that lower and lower but I do believe his intense commitment to saving lives, giving animals the best care and helping us build a new center, make community connections has been really powerful in our community. So, I do want to give my appreciation to Clint in that capacity in this space as he moves on to a new position. I also want to say as we move forward to look for a new director, I am committed to making sure that in that process there will be substantial community input and feedback for shaping that the new sort of position for the ASCMV Director so we have not had a full discussion but that will happen at our

January meeting about what that process will look like. I am committed to making sure that community voices and voices of the staff of ASCMV are represented in those conversations.

Friday there will be bugs at the Las Cruces Museum. Bugs and booze, I think. I will be there Friday night. I think it is more like arthropods and fun. I hope to see you all

Friday night for the first event of this sort that they are having.

11.4 COUNCILOR FLORES I to would like to thank Rose for her endeavors. We have Sergio Ruiz working with us

and I think his training with you makes him an excellent assistant to city councilors. It just makes me so happy to know that it is going to be affordable housing. I truly hope that it is affordable, and I hope that people qualify but thank you Rose for all of your work over the decades.

I would just like to report a little bit on the Community Schools. As many of you know we have a joint powers agreement with the school board, and I believe it was approved in 2017. I was there. I was with the League of Women Voters at the time and that was when the first school, Lynn Middle School became the first Community

School. Now we have several. Councilor Graham also serves on that board, and I just want to report as I said again several schools have gone up, children are thriving, and all the principals of those schools show up to our monthly meetings and every time a report is made there is just more success and more children. Dona Ana

Elementary for example the principal there because it is in Dona Ana County and not within the city, it is outside of the city limits. Cheri Love actually goes and picks up children and if they are not going to school or she goes and talks to the parents. That is a commitment that principals have, so it makes me happy that our children are being taken care of so well and in fact our Director of Quality of Life was at the meeting before last. So, Quality of Life Department is definitely pitching in and making sure all the programs are available to all the children and so I just wanted to report on that because I am not sure if the public knows how successful that Community

Schools program is. 11.5 COUNCILOR BENCOMO I will also pile on for the love for Rose because I am very deeply appreciative to you and the work that you all do at Tierra Del Sol. I am also very impressed by this proposal right here and I also think we should move forward with whatever kind of support you might need. I think it is very important. It is also right up the street from my house I and I would love to see something like this. I want to thank you and

Natalie and I noticed Jane is here for quickly reaching out to hear about Sandy’s eviction. I appreciate both of you giving her an additional resource and I hope that

New Mexico Legal Aid who is here locally as well is involved. I think they may be tremendously helpful, and I am happy to give you contact info after this.

I wanted to note that it was very exciting all of us going to the Aggies Woman’s

Basketball game a couple of weeks ago. I love supporting women in sports, and I was just so happy to see some other champions and winners here this afternoon. It was very fun, and I will continue to support these women because they are tremendously fun to watch, and I am excited to go back.

I wanted to note that I attended the first Oversight Committee a couple of weeks ago so that is up and running and taken off. We have 3 great appointees, and we will be happy to continue reporting back however you all would like me to.

Lastly, I also wanted to give a shoutout and a final goodbye to Patrick Peck who I think will be last couple of weeks at the South Central Solid Waste Authority and I just wanted to express my gratitude towards him, his tenure and what he has done in this industry and certainly we will miss him. The board will meet this week to appoint an interim while we decide who will take over that seat permanently.

11.6 MAYOR ENRIQUEZ The tree lighting event took place on December 7th, and it was a great event, and I just want to give a shoutout to all the departments that were there, that were present and also to Ed who is the voice of the Aggies but was also the MC there. He did a great job. Special shoutout to our special guest General George Turner from White

Sands Missile Range was there to assist in the count down. I know someone came up during public comment and talked about housing and knowing your neighbor. This event was a good participation by the community, and they were able to get out there and have a good time and get to know each other and create friendships so thank you all for being there and being a part of that tree lighting.

Also want to give a congratulations to the Las Cruces Police Department. Later this week they will be graduating their 54th academy so congratulations PD.

12. CITY MANAGER REPORT 12.1 IKANI TAUMOEPEAU Tomorrow as a friendly reminder is our Budget Retreat. This is where city council will share their goals for staff, department heads, and deputies and various staff will be there to listen in. We will have some ice breakers to break to the ice and help envision what we want to see for our community moving forward especially where we put our budget dollars and again, I just wanted to give thanks. This is a huge help to Barbara and the budget team to Jacqueline and all of Budget Analysts working so diligently to have this prepared so you will come, and you will arrive there won’t be much for you do besides your fifteen minutes of razzle dazzle and then budget team will handle the rest from there. That will be from 9 a.m. to 3:30 p.m. in the afternoon. That will be at

NMSU Fulton Center, third floor, 1818 Wells Street, Las Cruces.

Parks & Recreation, the registration for the 2025 Winter Youth Indoor Soccer League for ages 4 to 10 begins December 19th with online registration opening at 9 a.m. In person registration will be held Saturday, December 21st from 9 to noon at the

Meerschiedt Recreation Center. The fee is $50 per individual, includes jersey, or $40 for returning players, does not include jersey. Season begins on February 8th, 2025.

Games will be played at the rec center. Also, the Department Out of School Time

Program will be hosting winter camps for youth kindergarten to fifth grade and for teen sixth grade through twelfth. For more information on how to register, dates, locations on camps please call 575-541-2550.

I appreciate recognizing our community partners with JPA with Clint and Patrick’s transition to the next phase. I would like to announce the retirement of our Community

Development Director at the end of the month, Larry Nichols. He has been here for seven years and has done some great things with his team, so I just want to recognize him in that transition so thank you Larry for that coming with your expertise from various cities. Big shoes to fill there but that transition will happen at the end of the month and JC and team is working on an interim as we transition into that and then also our Fleet Administrator, Luis Vela is transitioning at the end of the month as well up north, so we are working on an interim for that position as well. So just a few executive positions that I wanted to put in front of you, but we appreciate the city and

our executive team for working so hard and the team working through this transition period as we move through January of next year.

13. ADJOURNMENT 13.1 Councilor Johana Bencomo moved, seconded by Councilor Yvonne Flores, to adjourn at 2:25 p.m.

MOVER: Councilor Johana Bencomo

SECONDER: Councilor Yvonne Flores

Mayor

City Clerk