Albuquerque City Council Regular Meeting - May 1, 2023

The Albuquerque City Council held its 30th meeting of the 25th Council on Monday, May 1, 2023, at 5:00 PM in the Vincent E. Griego Chambers. All nine councilors were present, with Councilor Peña initially excused and joining later via Zoom. The meeting lasted until after 11:30 PM and covered a wide range of legislative, policy, and community matters, including public safety, housing, environmental regulation, and government accountability.

Proclamations & Presentations

• Professional Municipal Clerks Week Proclamation (April 30 – May 6, 2023) was read by Councilor Bassan. City Clerk Ethan Watson accepted, noting his office held hundreds of hearings, scanned over one million records, and responded to over 10,000 public records requests in the past year.
• Air Quality Regulation Presentation: Paul Wade, an air quality consultant, presented on behalf of the construction materials industry regarding proposed environmental justice regulation (Petition 2022-3) before the Albuquerque-Bernalillo County Air Quality Control Board. He argued the petition's methodology is overly restrictive, could reduce manufacturing-zoned areas by over 90% and commercial development by over 50%, and was developed without industry input. Councilor Lewis endorsed the presentation as an opportunity for business community input. Councilor Fiebelkorn questioned the appropriateness of council time on this matter, noting the issue is properly before the Air Quality Board.
• Noise Camera Pilot Program: Lieutenant Patterson and Sergeant Nelson from APD Metro Traffic Division presented research on noise camera technology, citing pilot programs in Knoxville, New York, and Longmont. Key findings: the technology is still developing, with low citation-success rates (11% in New York); no U.S. city yet issues citations directly; and vendor costs range from $1,500 for a four-week trial to $32,000 per camera plus monthly fees. Councilor Benton noted potential ties to vehicle inspection programs.

Administration Question & Answer Period

Councilors raised several questions to the administration:

• Climate Accord: Councilor Fiebelkorn questioned progress on greenhouse gas reductions since the mayor re-signed the Paris Climate Accord on Earth Day. Director John Craig (General Services) stated the city submitted its first climate action plan and is evaluating progress, but could not provide specific percentage reductions. Councilor Fiebelkorn pressed for data on building electrification, electric vehicle procurement (10 fully electric, 150+ hybrids), and electric buses (5). She expressed frustration that the city has no building electrification policy and is behind on cumulative impacts rulemaking at the Air Quality Board.
• Gateway Center Asbestos: Councilor Sanchez inquired about asbestos exposure during construction tours of the Gateway Center. Director Craig reported that a 4,000-square-foot area was found to have asbestos-containing mastic in tile glue, which was removed over two days in May 2022. Air quality tests before and after remediation showed no asbestos particles. The city is compiling a list of potentially exposed individuals and will issue violations. Councilor Sanchez expressed concern about lack of notification and requested public disclosure. The administration committed to contacting all tour attendees.

Appeals

• AC-23-9 (Peggy Norton, North Valley Coalition v. City Planning Staff): Appeal of administrative approval of a site plan for an automatic car wash at 5307 4th Street NW. The appellant argued that the sidewalk and landscape buffer did not meet Development Process Manual (DPM) guidelines for a main street corridor, and that staff acted arbitrarily by ignoring prior plans. The applicant (7B Building and Development) cited a prior plat approval requiring a 10-foot sidewalk and existing site constraints. After deliberation, the council voted 7-1 (Lewis opposed) to remand the matter to the Planning Department for further review and findings.

Consent Agenda

All items on the consent agenda were approved unanimously (8-0, Peña excused):

• EC-23-258: Five-Year Forecast FY2023-FY2027 (receipt noted)
• EC-23-275: Revenue & Expense Report, Second Quarter FY2023 (receipt noted)
• EC-23-276: Approval of Third Supplement to John Stiff & Associates Outside Legal Counsel Services
• EC-23-277: Mayor's appointment of Dennis F. Armijo Sr. to Joint Air Quality Board (withdrawn by administration)
• EC-23-278: Mayor's re-appointment of Lovie McGee to Albuquerque Housing Authority Board (withdrawn by administration)
• EC-23-279: PRD strategic planning and design requests for Wells Park right-of-way vacation
• EC-23-280: Tim Borror request for Lead & Graceland Avenue SE right-of-way vacation
• EC-23-281: Mayor's appointment of Nalleli Reyes Garcia to Airport Advisory Board (confirmed)
• EC-23-282: Mayor's appointment of Kate C. Krous to Youth Advisory Council (confirmed)
• R-22-75: Establishing a tip line program for illegally used firearms (postponed to June 5, 2023)
• R-23-115: Adopting 2023-2027 Consolidated Plan and Program Year 2023 Action Plan (passed)

Public Comments & Testimony

Members of the public provided comments on several agenda items:

• Handle with Care Program (R-23-118): Aviel Jaramillo (fourth grader) and Marilyn Beck (NM Child First Network) expressed strong support, emphasizing the program's importance for children exposed to trauma.
• Residential Rental Database (O-22-59): Multiple speakers from the People's Housing Project and other advocates urged passage, citing slum conditions, tenant retaliation, and the need for data to address the housing crisis. Opponents, including property managers and owners, argued the ordinance is burdensome, conflicts with state law, could drive up rents, and invade privacy. The Greater Albuquerque Association of Realtors and Apartment Association opposed, while NM Center on Law and Poverty supported.
• Air Quality Board Petition (R-23-128): Representatives from industry (asphalt, construction, aggregates) supported the resolution, claiming the petition lacks stakeholder input and would harm economic development. Environmental and community groups (Mountain View Coalition, Youth United for Climate Crisis Action, Los Jardines Institute, SW Organizing Project) opposed the resolution, arguing it undermines a proper democratic process and that communities have been working on cumulative impacts for years.
• Budget and Housing Forward: Several speakers requested deferral of housing forward (O-22-54) to allow more public engagement.

Discussion Items

• R-23-118 Handle with Care Program: Presented by Councilors Grout and Sanchez. APS officials described the notification system whereby first responders alert schools when a child is present at a traumatic event, enabling support without questioning the student. Unanimously passed (9-0).
• O-22-55/O-22-56 Inspector General and Accountability Ordinances: Councilor Bassan led a detailed discussion with the Inspector General, administration, and council staff on key points: removal for cause, independent legal counsel, report publication timing, dedicated funding, and director participation in AGO meetings. Both items were postponed to May 15, 2023 to allow development of a floor substitute.
• O-22-59 Residential Rental Database Ordinance: Councilor Fiebelkorn presented a committee substitute requiring free enrollment for long-term rental units. After extensive debate, the ordinance failed (2-7, Davis and Fiebelkorn in favor).
• O-23-68 Independent Hearing Office Ordinance: Councilor Jones moved an amendment to clarify debarment provisions. Passed unanimously as amended.
• O-23-75 Nuisance Abatement Ordinance (Heart, Weed, and Litter Amendments): Passed unanimously.
• O-23-78 Automated Speed Enforcement Parking Offenses: Councilor Bassan moved an amendment; President Davis moved a second amendment to ensure multilingual notices. The bill passed as amended (7-2, Sanchez and Davis opposed). Councilor Sanchez argued resources should go to hiring more police rather than targeting speed camera fines.
• O-23-81 Capital Improvement Program Set-Aside: An amendment changed the six-percent set-aside to a dollar amount for three bond cycles. The bill was then postponed to June 5, 2023.
• R-22-92 Menaul Metropolitan Redevelopment Area Plan: Presented by Councilor Fiebelkorn. Consultant Jackie Fishman outlined the plan's five opportunity sites, infrastructure improvements, and transit-oriented development. Unanimously passed.
• R-23-128 Position on Air Quality Board Petition 2022-3: Councilor Lewis argued the resolution promotes transparency and full stakeholder involvement. The environmental health director stated the city supports the community's right to petition but has concerns about the petition's language. The resolution passed on a 5-3 vote (Benton, Fiebelkorn, Davis opposed; Peña excused).

Key Outcomes

• AC-23-9 (Car Wash Site Plan): Remanded to Planning Department (7-1).
• R-23-118 (Handle with Care): Passed unanimously.
• O-22-55 & O-22-56 (IG & Accountability): Postponed to May 15.
• O-22-59 (Rental Registry): Failed (2-7).
• O-23-68 (Hearing Office): Passed unanimously as amended.
• O-23-75 (Nuisance Abatement): Passed unanimously.
• O-23-78 (Speed Enforcement Parking): Passed as amended (7-2).
• O-23-81 (CIP Set-Aside): Postponed to June 5 after amendment.
• R-22-92 (Menaul MRA): Passed unanimously.
• R-23-128 (Air Quality Board Position): Passed (5-3).
• The meeting was extended twice: first to 11:00 PM (unanimous), then to 11:30 PM (7-2).