Albuquerque City Council Meeting - April 3, 2023

The Albuquerque City Council held its 28th meeting of the 25th Council on Monday, April 3, 2023, beginning at 5:00 PM in the Vincent E. Griego Chambers. The meeting lasted until after midnight, covering a wide range of topics including APD alarm response policies, sexual assault awareness, public comment on short-term rentals and zero fares, numerous consent agenda items, and a lengthy debate on the 2023-2032 Capital Improvements Program (CIP) budget. The meeting was marked by extended discussions on transparency, transit security, and the allocation of capital funds.

Consent Calendar

• EC-23-229: Report of FY/22 Outstanding Encumbrances Reappropriated in FY/23 – Receipt noted (9-0).
• EC-23-230: Revenue & Expense Report for First Quarter FY2023 – Receipt noted (9-0).
• EC-23-234: Department of Arts & Culture Progress Report on R-22-53 – Receipt noted (9-0).
• EC-23-237: Near Heights Community Planning Area Assessment Report – Receipt noted (9-0).
• EC-23-260: Mayor's appointment of Dr. Joseph Galewsky to Joint Air Quality Board – Confirmed (9-0).
• EC-23-261: Mayor's appointment of Dr. Anna N. Nelson to Metropolitan Parks and Recreation Advisory Board – Confirmed (9-0).
• EC-23-262: Mayor's appointment of Ms. Corrina Jaramillo-Feldman to Open Space Advisory Board – Confirmed (9-0).
• EC-23-263: WSP USA Inc. Uptown Transit Center Joint Development – Approved (9-0).
• EC-23-264: First Supplemental Agreement for Outside Counsel Legal Services (Robles, Rael & Anaya, P.C.) – Withdrawn by Administration (9-0).
• EC-23-270: First Supplemental Agreement for Outside Counsel Legal Services (Robles, Rael & Anaya, P.C.) – Approved (9-0).
• EC-23-272: Lease Agreement between City and National Alliance on Mental Illness – Approved (9-0).
• OC-23-31: Appointment of Ms. Rowan Wymark to Civilian Police Oversight Advisory Board – Confirmed (9-0).
• OC-23-32: Appointment of Ms. Leslie Dozzo to Civilian Police Oversight Advisory Board – Confirmed (9-0).
• AC-23-2 through AC-23-8: Seven appeals of Planning Department approval of a Temporary Use Permit for a Safe Outdoor Space (SOS) at 1250 Menaul Blvd. NE – All withdrawn by applicant (9-0 each).
• O-23-69: Amending Short-Term Rental Ordinance (caps, local manager, penalties) – Postponed to April 17, 2023 (9-0).
• R-22-75: Establishing Tip Line Program for illegal firearms – Postponed to April 17, 2023 (9-0).
• R-23-102: Accepting Department of Justice Byrne Discretionary Grant for Albuquerque Community Safety Department – Passed (9-0).
• R-23-117: Approving grant application for Route 66 Corridor Preservation Program – Passed (9-0).

Public Comments & Testimony

• Brian Fayer: Criticized the mayor's office for poor communication and dismissed criticism as partisan; highlighted APD PIO's mean tweets, including derogatory comments about a 15-year-old's death and jokes about Alzheimer's.
• Diego Lopez: Defended short-term rentals (Airbnb), citing an example of placing families during an emergency; argued against restrictive ordinance.
• Carl Videls, Stacey Seidel, Shane Delinski, Jason Rubin, Tad Nemitsky: All spoke in opposition to the proposed short-term rental caps, emphasizing economic impact, job creation, and support for tourism and historic preservation.
• Janice Herrera: Discussed the decommissioning of the I-40 underpass, noting improvements but expressing concern about insufficient vouchers and lack of advance notice.
• Dr. Tim Krebs: Supported the housing forward ABQ plan and urged council support for addressing the housing crisis.
• Andrea Calderon: Highlighted the Indicators Progress Commission's work on black homeownership and housing strategy.
• Dale McClennan: Urged funding for the Gateway Center to address homelessness, citing successful models.
• Jesus Hernandez: Supported zero fares for transit, stating it helps people with disabilities gain independence.
• Molly Gish, Luis Colunga, Kristen McPeak, Rosemary Blanchard, Michael Brasher, Anita Cordova, Christopher Ramirez, Julie Dreiki: Various speakers supported zero fares, opposed short-term rental restrictions, urged protection of Petroglyph National Monument, and requested more code enforcement.
• Tommy Soto (age 12): Advocated for funding the Albuquerque Museum Education Center, describing his personal benefits from art classes.

Discussion Items

• APD Alarm Response Policy Presentation: Deputy Chief Josh Brown presented data showing 38,619 alarm calls from 2021-2023 (estimated 39,000 officer hours, $1.3 million annual cost), with less than 2% being true alarms. Proposed a verified response policy requiring audio/visual verification before dispatch. Councilors expressed concern about public pushback and urged a public education campaign before implementation. Chief Medina committed to a slow, community-informed rollout.
• Sexual Assault Awareness Proclamation: Councilor Jones presented a proclamation recognizing April 2023 as Sexual Assault Awareness Month. Statistics: 537 sex crimes reported in APD in 2022; Rape Crisis Center assisted 1,146 survivors. City Hall illuminated in teal.
• Administration Q&A:
  • Email blocking: Director of Technology Mark Leach explained that 3 million of 8 million incoming emails were blocked for security reasons; a specific email address from a blogger was temporarily blocked, sparking concerns about censorship from Councilors Bassan and Sanchez. CAO Lawrence Rael defended the action as a security measure.
  • Golf course senior rates: Director Simon noted the department is studying weekend rate parity for seniors.
  • CAO memo on Q&A: Councilors Fiebelkorn and Davis pushed back against a memo limiting questions to written submissions, asserting the council's right to ask questions in public meetings.
  • APD PIO social media conduct: Councilors Grout, Peña, and Davis criticized the APD Public Information Officer's tweets, calling them unprofessional and disrespectful. Chief Medina said he would have a conversation about professionalism. Council President Davis threatened to work to defund the position if behavior did not change.
  • Heading Home housing vouchers: Director of Family and Community Services reported that Heading Home owes $56,000 to a landlord, but the agency believes it's $2,000; issues are due to lack of CFO and accurate invoicing.
  • Doolittle Fountain at Biopark: Director Sanchez stated no decision has been made; the Arts Board is evaluating restoration costs.
• Short-Term Rental Ordinance (O-23-69): Postponed to April 17, 2023 (9-0).
• Zero Fare Equity Analysis (R-23-120): Approved unanimously (9-0) to accept the transit department's fare equity analysis, paving the way for the permanent zero fare ordinance.
• Zero Fare Ordinance (O-23-71): After a failed postponement (4-5), the bill passed 7-2 (Grout and Lewis opposed). The ordinance makes ART and Sun Van permanently free. Debated security concerns, with Metro Security union president Luis Cisneros stating officers lack training and equipment, and that 90% of officers do not want the added duties. Councilor Jones raised concerns about crime on buses. The bill includes penalties for obstructing security officers.
• CIP Budget (R-23-100): Extensive debate on the 2023-2032 Decade Plan and 2023 Two-Year Capital Budget. Multiple amendments were considered. A motion to postpone to April 17 failed 4-5; another motion to postpone failed 4-5. The council then considered amendments individually. Key amendments:
  • Amendment 2 (Grout): Reduced open space set-aside from 3% to 2% to fund Teharas Arroyo Biozone education center and land acquisition – Passed 9-0.
  • Amendment 3 (Grout): Shifted $1.5 million from District 9 transit station to major paving in District 9 – Passed 8-1.
  • Amendment 4 (Grout): Shifted another $1.5 million from transit station to street infrastructure in District 9 – Passed 9-0.
  • Amendment 5 (Lewis): Added language for Unser Boulevard and McMahon Boulevard projects – Passed 9-0.
  • Amendment 6 (Lewis): Used $2 million from parks/lines to fund C-Bell Multi-Generational Center – Failed after debate, but actual vote result not recorded in transcript; meeting adjourned before final vote.
• Short-Term Rental Ordinance (O-23-69): Postponed (9-0).
• Historic Protection Overlay for East End Addition (O-23-76): Passed unanimously (9-0) to protect a historically significant African American neighborhood.
• North 4th Corridor CPO Text Amendment (O-23-72): Passed unanimously (9-0) to clarify setback/stepback requirements along 4th Street.
• Northwest Mesa Escarpment VPO-2 Text Amendment (O-23-73): Passed 6-2 (with Sanchez recused) after a quasi-judicial hearing. The amendment changes the boundary application so that only the portion of a parcel within the VPO-2 boundary is subject to height restrictions, rather than the entire parcel. Councilor Sanchez recused himself. Public testimony was divided, with Petroglyph National Monument representatives opposing the change.

Key Outcomes

• APD Alarm Policy: No immediate action; department will conduct public education before implementing verified response.
• Zero Fare Ordinance (O-23-71): Passed on a 7-2 vote, making ART and Sun Van permanently free. The total annual cost is estimated at approximately $11.6 million (ART: $5.5M operating, Sun Van: $7.1M operating) with minimal fare recovery ($810K for ART, $258K for Sun Van).
• CIP Budget (R-23-100): The meeting was adjourned at 12:00 AM before a final vote on the budget. The bill and all pending amendments will be carried over to the next meeting on April 17, 2023. The failures to extend the meeting (5-4 and 5-4 votes) led to adjournment.
• Historic Overlay for East End Addition (O-23-76): Approved unanimously, protecting the remaining 10 homes of a historic African American subdivision.
• VPO-2 Amendment (O-23-73): Approved, allowing taller structures on parcels partially within the view protection zone, with the restriction applying only to the portion within the boundary.
• Various Consent and Appointment Items: All approved or noted as listed.

Next Steps

• The council will reconvene on April 17, 2023, to continue the CIP budget debate and consider the short-term rental ordinance and other postponed items.
• APD will provide a public education plan on alarm response changes.
• The administration will report on Metro Security training and transit safety plans.
• The council will review the zero fare pilot program analysis due by September 30, 2023.