Albuquerque City Council Meeting – March 6, 2023: Tenant Protection Ordinance Fails
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Albuquerque City Council Meeting – March 6, 2023
The Albuquerque City Council met on Monday, March 6, 2023, at 5:00 PM in the Vincent E. Griego Chambers. The meeting began with a presentation on electric vehicle charging stations, followed by an administration question-and-answer period, consent agenda approvals, general public comment, a land-use appeal, and final actions on several ordinances and resolutions. The most contested item, the Residential Tenant Protection Ordinance (O-22-60 C/S), failed on a 4-5 vote. A nuisance abatement resolution (R-22-80) passed 7-2, and a resolution prioritizing the restoration of the Atchison, Topeka, and Santa Fe Railway Fire Station (R-23-97) passed unanimously.
Consent Calendar
- EC-23-223: Approved the Downtowner Development & Disposition Agreement for housing projects in Downtown and Railroad Metropolitan Redevelopment Areas (unanimous, 9-0).
- EC-23-236: Approved a Land Lease and Agreement with High Flying Hangars LLC (unanimous).
- EC-23-239: Legal Department’s Quarterly Litigation Report for 2nd Quarter FY2023 – pulled from consent by Councilor Sanchez for discussion; later approved (Receipt Noted) unanimously.
- EC-23-244: Confirmed Mayor’s appointment of Ms. Caryn Wagner to the Arts Board (unanimous).
- EC-23-245: Confirmed re-appointment of Dr. Bernadine Hernandez to the Arts Board (unanimous).
- EC-23-247: Withdrawn by Administration.
- EC-23-248: Approved Mayor’s Recommendation of Award to Evergreen Solutions, LLC for classification/compensation consulting (unanimous).
- EC-23-249: Authorized Social Service Agreement with Crossroads for Women for outpatient case management (unanimous).
- EC-23-257: Confirmed appointment of Mr. Victor J. Segura to the Balloon Museum Board of Trustees (unanimous).
- OC-23-25: Confirmed appointment of Mr. Giovanni Coppola to the Environmental Planning Commission (unanimous).
- OC-23-27: Withdrawn.
- OC-23-28: Confirmed appointment of Mr. Aaron Calderon to the Civilian Police Oversight Advisory Board (unanimous).
- R-22-75: Tip line program for reporting illegally used/possessed firearms – postponed to March 20, 2023 (unanimous).
Public Comments & Testimony
- Short-Term Rental Regulations (O-22-54 related): Multiple speakers (Kenneth Ellis, Carl Videl, Lacey Pontus, Jimmy Harper, Diego Lopez, Greg Kaufman, Robin Krauss-Wareham, Michelle Walsh, Sophia La Ferio) opposed any cap on short-term rentals, citing economic impact (e.g., 2,200 jobs, $26 million in tourism impact, 14 million in taxes, 66% part-time rentals), personal investments, and reliance on this income. Stacy Seidel and Carl Videl emphasized that many units are not viable as long-term rentals.
- Residential Tenant Protection Ordinance (O-22-60 C/S): Supporters (Alex Adams, Bex Hampton, Serge Martinez, Cameron Martinez, Patricia Wilson, Ann Lynn Hall, Riley Massey, Charlton Simmons, Catherine McGill, Kendra Hill, Craig Boney, Rosemary Blanchard, Rachel Biggs) argued that excessive fees, lack of transparency, and non-refundable application fees harm low-income renters. Serge Martinez (UNM Law) stated half of surveyed tenants list fees as a top concern. Rachel Biggs (Albuquerque Healthcare for the Homeless) noted people experiencing homelessness are 25 times more likely to face violent victimization and die 30-40 years early. Opponents (Todd Clark, Alan Lisseck, Steve Grant, Craig Boney, Patricia Wilson) argued the ordinance conflicts with state law, would result in lengthy fee disclosures (20+ pages), force rent increases (86% of landlords surveyed said they would raise rents), and infringe on property rights. Alan Lisseck noted that the disclosure requirement is impractical for single-family home management.
- Land-Use Appeal (AC-23-1): The president reminded the public that the record was closed and no comments could be heard from parties. Renee Horvath (Westside Coalition) spoke generally about planning processes, asking for more public dialogue before zoning changes.
- Housing Forward/ADUs: Patricia Wilson and Julie Drakey urged consideration of fire safety setbacks (10 feet between buildings) and requested amendments to the ADU ordinance (O-22-54).
- Other: Chris complained about non-emergency police response and lack of public safety; Kenneth Ellis discussed eminent domain issues regarding Paseo del Volcan.
Discussion Items
- EV Charging Station Presentation: Sustainability Officer Kelsey Rader and Energy Manager Saif Ismail presented on the city’s 20 level-2 charging stations (36 ports) at 12 sites, supporting 481 unique drivers/month, saving 60,000 gallons of gasoline and 16.7 metric tons of greenhouse gas emissions yearly. Stations are funded primarily by VW settlement grants. Future plans include 17 additional sites (Westgate, International District Library, etc.), focusing on equity and network gaps. Councilors Bassan, Peña, Lewis, and Sanchez raised concerns about geographic equity, especially for the West Side (only 6 stations) and Northwest quadrant (none shown). Councilor Benton asked about placing stations near housing; Rader noted upcoming low-income EV ride-share project at Nueva Atrisco apartments and Highland Department complex.
- Administration Q&A:
- ACS San Mateo & Catherine Site: Director Montoya provided update: ground breaking April 8 for 10,000 sq ft ACS facility at south end; courtyard completed; north end options include fire station #11 relocation, housing, or retail; full development in 2.5-3 years. Councilor Sanchez questioned need for new build given empty substations. Director answered that Gibson Health Hub is fully utilized and not approachable; out-of-substations are being considered.
- Planning Department/ Permitting: Director Borella reported 171 building permits submitted since Feb. 1, 101 for single-family housing; no multifamily applications in last month, but three projects with 500+ units expected permits in 1-2 months. Barriers: rising interest rates. Streamlining: cross-training, reclassification of 5 permit tech positions, new Tyler Technology software (go-live Sept. 2024). Starting salaries: permit tech 1 at $14.79/hr, plans analyst at $22.97/hr. Councilor Sanchez raised constituent complaint about inability to reach staff; Director Borella acknowledged website issues and promised improvements.
- Appeal AC-23-1 (Volcano Cliffs development): Appeal of DRB approval for 238-unit three-story multifamily development on Rosa Parks Rd NW (18.79 acres). Appellants (Michael T. Voorhees, Pueblo of Laguna, Westside Coalition, Baxter Sosebee) argued that comp plan should have been considered for petroglyph views, and alleged ex parte communication. Land Use Hearing Officer (LUHO) recommended denial, finding DRB is a technical body limited to IDO criteria, no due process violation, and no evidence of ex parte communication. Councilor Lewis denied any such communication. Council voted unanimously to accept LUHO recommendation and findings, upholding DRB approval.
- Final Actions:
- O-22-60 C/S (Residential Tenant Protection Ordinance): Sponsor Councilor Fiebelkorn moved do pass. After extensive public comment and council debate, motion failed 4-5 (Yes: Benton, Davis, Fiebelkorn, Peña; No: Bassan, Grout, Jones, Lewis, Sanchez). Councilor Sanchez and Jones expressed concerns about unintended consequences (e.g., cap on application fees at $150 might become a floor) and requested deferral for more work; sponsor declined, citing six months of meetings.
- R-22-80 (Nuisance abatement at 629 San Mateo Blvd SE): Councilor Davis moved do pass. Property owner had mental health crisis after last meeting; Asian Business Collaborative reported a letter of intent for private sale and demolition. Director Borella stated city will proceed with resolution unless signed contract with demo date arrives. Motion passed 7-2 (For: Bassan, Benton, Davis, Fiebelkorn, Grout, Jones, Sanchez; Against: Lewis, Peña).
- R-23-97 (Prioritizing AT&SF Railway Fire Station): Sponsor Councilor Benton moved do pass. Passed unanimously.
- R-23-112 (COG project recommendations): Sponsor Councilor Peña moved an amendment (to correct technical error) then motion to postpone as amended for two weeks; both carried unanimously.
Key Outcomes
- O-22-60 C/S (Tenant Protection) failed 4-5. The ordinance would have required landlords to disclose all fees upfront, cap application fees at $150, refund unprocessed applications, accept money orders, and prohibit forcing tenants to buy renters insurance from the landlord.
- R-22-80 (Nuisance abatement) passed 7-2, ordering removal of the dilapidated structure at 629 San Mateo Blvd SE.
- R-23-97 (Railway fire station) passed unanimously, prioritizing maintenance, restoration, and active use.
- R-23-112 was amended and postponed to March 20, 2023 (unanimous).
- Appointment of Deputy Chief Emily V. Jaramillo as Fire Chief confirmed unanimously.
- Land-Use appeal AC-23-1 denied unanimously, upholding DRB approval of the 238-unit multifamily development.
- Consent agenda approved with nine items (one pulled and later approved).
Meeting Transcript
Okay, folks, if you're up and around in the chambers, we'll ask you to grab a seat so that we can get our meeting started this evening. This will be our two-minute warning, and we'll ask our staff to go ahead and call Gov TV and let them know we're ready. Great. Mr. Ellis, I think you'll have to go out this way. They they have it all locked down for us. Good to see you. All right, folks. Good evening and welcome to the 26th meeting of the 25th City Council. We will call this meeting to order. All of our counsels or counselors are present this evening. Councilor Benton will be a few minutes late, uh, and he'll be excused if we need to on the record until he arrives. Uh Madam Vice President. Mr. President, um, we have a moment of silence. Um at this time, I'd like to ask Councillor Basan to lead us in the Pledge of Allegiance, and Counselor Sanchez to lead us in um Spanish. Thank you, counselors. And thank you to everyone. Again, I'll have to remind you that if you're up and about, we'll ask you, you do have to take a seat during the meeting so folks can come and go in our aisle. So if you would just be sure you grab a seat if you're up and about. Civic Plaza parking passes are provided for members of the public. You can obtain a parking pass from the council staff at the table near the chamber entrance. Members of the public, our city staff, and the media have the ability to view this meeting in person and on our live streams through our four different platforms. Gov TV on Channel 16, the Gov TV website, YouTube, and our Zoom webinar. Live streams are always accessible on smartphones, tablets, or computers, and also our meeting is closed captioned, and you can enable that on your television or device at any time. A video recording of this and all of our past council meetings remain available for viewing at any time on our city council website. If you need assistance, uh you can contact our council staff at 768-3100 during normal business hours, Monday through Friday, 8 to 5. The council normally takes a break about 7 p.m. this meeting. We'll try to do that at the most convenient sort of natural break in our agenda, depending on how fast we go this evening. With regard to decorum in our chambers, we want to remind you that tonight's proceeding, like all of them, have to be civil and respectful. We don't make any personal attacks, and we ask you not to make any applause or outbursts during the meeting so that the uh counselors can focus on the agenda at hand. And the meeting will go a lot smoother if we're all respectful of one another. To that end, we'll ask we always say a few words about decorum and the rules that are in place in our council chambers. Handouts of the rules are available by our at our staff table before the meeting, and we'd be happy to provide those to you at other times. There are no signs, props, posters, or banners allowed in the chamber other than those that can be displayed on the overhead during presentations. We'll help you with that if you need assistance. Those materials should not be held or waived in a manner that blocks the view of others or creates a distraction from the speaker or the business at hand. Items that are displayed on the overhead must be removed at the end of your public comment if you're here for that purpose. Only the individual whom the council president has called on uh to provide public comment may stand at the podium. And multiple persons are not allowed to stand at the podium unless you need the assistance of a translator, uh in which case you should let our staff know so we can help accommodate you. There's no tolerance for disruptive public outburst. A handicapped landing area is at the side of the dais must be kept clear at all times. If you desire to record our meetings, you are welcome to do so, but you have to be directed to the landing area on the left side of the dais, or you can do so from your seat if it doesn't disrupt others. The fire marshal is in uh directed to strictly enforce our ingress and ingress egress rules today to ensure that public safety is maintained. In the event that we have a violation, we provide one warning to anyone who causes a disruption. Upon a second or continued disruption, that individual may be asked to leave the chambers and security may be asked to escort that person out of the chambers so that the meeting may continue. Such removal may be effective until the remainder of the meeting. If continued disruptions occur, I may recess the meeting until order is restored, and if necessary, may clear the chambers of persons participating in that disturbance. Those are the do's and don'ts, and we welcome those of you who choose to stay with us this evening.
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