Albuquerque City Council Meeting – August 21, 2023

The Albuquerque City Council held its 35th meeting on Monday, August 21, 2023, at 5:00 PM in the Vincent E. Griego Chambers. The meeting included proclamations, a question-and-answer period with administration, approval of a consent agenda, and action on several ordinances and resolutions. Among the key outcomes, the short-term rental ordinance (O-23-69) and its floor substitute both failed, a resolution directing the Transit Department to develop a policy on bus wraps (R-23-152) passed as amended, and a resolution amending the Mesa del Sol framework plan to allow taller buildings (R-23-158) passed unanimously. The council also confirmed Matthew Whelan as Deputy Chief Administrative Officer by an 8-1 vote and postponed a resolution on opioid treatment funding at the Metropolitan Detention Center (R-23-121) for 30 days.

Proclamations & Presentations

• Cibola High School JROTC Month: Council President Davis read a proclamation recognizing August 2023 as Cibola High School JROTC Month, highlighting the program's achievements in drill competitions and marksmanship. Master Sergeant Pedro Chamaro and cadets were recognized.
• Honoring Ruth Adams: A proclamation was presented honoring former Councilor Ruth Adams for her work in the Southeast neighborhood (later the International District), including support for the Cesar Chavez Community Center, the East Central Health and Social Service Center, and crime prevention through environmental design. Councilor Davis noted a future resolution to rename the health center in her honor. Ruth's daughter, Liz Adams, and friend Barbara Taylor spoke.

Consent Agenda

• Items Approved Unanimously (9-0): The consent agenda included 19 items, all approved on a single motion from Vice-President Grout. Items included:
  • EC-23-318: Third supplemental agreement for outside counsel legal services with YLaw P.C.
  • EC-23-319: Second supplemental agreement for outside counsel with Modrall Sperling.
  • EC-23-320: Legal Department’s Quarterly Litigation Report for Q3 FY23.
  • EC-23-321: Engineering consultants (INTERA, Tetra Tech, Wilson & Co) for on-call environmental services.
  • EC-23-322: Award to First Nations Community HealthSource for Assisted Outpatient Treatment Program.
  • EC-23-323: Extension of right-of-way vacation at 9700 Central Avenue.
  • EC-23-324: Age-Friendly Quarterly Update Q3 FY23.
  • EC-23-325: Architectural consultants (H+M Design Group, SMPC, Wilson & Co) for on-call architectural services.
  • EC-23-326: Third supplemental agreement for outside counsel with Robles, Rael & Anaya.
  • EC-23-327: Increase maximum contract for Strategic Planning Services for Aviation Department.
  • EC-23-328 to EC-23-336: Mayor’s appointments and re-appointments to various boards (Old Town Portal Market, Water Protection, ABQ Volunteers, Biological Park, Youth Advisory, Para Transit).
  • EC-23-340: Authorization to supplement professional technical agreement with Albuquerque Behavioral Health for substance use treatment.
• Item T (OC-23-37): Appointment of James M. Collie to the Board of Ethics & Campaign Practices was pulled for separate action. A floor amendment corrected the board president's name (from Andrew Schultz to John Kelly). The appointment was then confirmed 9-0.
• Item U (R-23-121): Resolution directing the Department of Family and Community Services to enter into an MOU with Bernalillo County for opioid treatment at the Metropolitan Detention Center was pulled by Councilor Peña. After debate, a floor amendment to redirect $3.3 million to the Gateway Center (Gibson Health Hub) failed 1-8. Councilor Peña then moved to postpone the resolution to September 18, 2023; the motion carried 7-2 (Davis and Fiebelkorn opposed).

Public Comments & Testimony

• General Public Comments (9 speakers):
  • Jane Beckley (Santa Fe Village Neighborhood Association): Requested collaborative engagement from future council.
  • Steve Brown: Spoke in favor of the North Domingo Baca Aquatic Center, citing potential for community and youth development.
  • Nikki Cruz: Urged support for the aquatic center, noting its benefits for diverse ages and abilities.
  • Tad Neminski: Criticized city handling of homelessness, human waste, and drug issues on Central Avenue.
  • Stacey Seidel (local contractor): Expressed frustration with permit delays (three months for a remodel) and lack of enforcement on short-term rental permits.
  • Maureen Scorin (Zoom, chair of Albuquerque Housing Authority): Supported limiting short-term rentals to increase housing availability.
  • Michael Yoko: Advocated for better public transit, safer bicycling infrastructure, more recycling, and cleanup of homeless encampments.
• Public Comments on O-23-69 (Short-Term Rentals) (13 speakers):
  • James Freeman (pro-housing activist): Supported original bill, opposed floor substitute; called for more enforcement of existing ordinance.
  • Carl Fidel (property manager): Opposed floor substitute, arguing market forces are already reducing short-term rentals; cited difficulties with permit process.
  • Diego Lopez (property owner): Opposed restrictions, explained personal financial strain from permit delays.
  • Shane Delinski (owner of five short-term rentals): Shared positive anecdotes about guest behavior; argued against 330-foot separation.
  • Jim Cahill (homeowner): Supported amendments; described noise and nuisance from nearby short-term rental.
  • Rodney Adams: Supported original bill, opposed floor substitute; cited negative impacts on residential neighborhoods.
  • Jake Aragon (owner of four short-term rentals): Opposed bill; described his rentals as vital for his family and for tourism.
  • Ted Neminski: Criticized overregulation; called for less government intrusion.
  • Karen Iverson (short-term rental owner): Opposed the bill; suggested long-term rentals can be more problematic.
  • Mark Boitano (homeowner): Requested that any grandfathering clause apply to subsequent owners.
  • Mark Boitano (cont.): Asked for legacy language to allow transfer of permits.
  • Anthony Ciambato (property manager): Recommended creating an advisory committee; noted problems with business license renewals.
  • Tim House (Zoom): No comment.
• Public Comments on R-23-152 (Bus Wraps): Ted Neminski supported the resolution, criticizing lawyer advertisements on buses.

Discussion Items

• Administration Question & Answer Period:
  • Councilor Bassan raised concerns about sporadic and missed transit routes, urging fewer but reliable routes.
  • Councilor Sanchez questioned the recent transfer of five APD academy instructors amid an EEOC complaint, expressing concerns about morale and standards. Deputy Chief Brown said the matter is under investigation and not in his bureau. City Attorney Bakita confirmed an investigation has been hired.
  • Councilor Grout questioned the use of the public safety quarter-cent tax (passed in 2003) for crime prevention, particularly $3.38 million in FY23 for the Gateway Center (medical sobering and respite). Director Pierce argued that filling service gaps prevents crime by keeping people off the streets. Council President Davis and Councilors Peña and Benton debated the definition of “public safety” and the need for a board. Councilor Grout noted the Public Safety Tax Advisory Board has not met since 2019 due to vacancies.
  • Councilor Grout also asked about the proposed neon tumbleweed art at the rail trail; DMD’s Jennifer Turner said it is being designed by Wilson & Co and has not gone through the public art process, but other art will go through that process.
  • Councilor Grout pressed Solid Waste Director Wayland about cleaning Central Avenue for the State Fair, citing trash and encampments. Director Wayland said dedicated teams are out daily, and additional trucks are on order.
  • Councilor Sanchez reported not seeing ACS units on the West Side in over 100 days. ACS Director Ruiz acknowledged staffing struggles but said they are working to address hot spots.
  • Councilor Peña asked about ACS (Alternative Crisis Service) coverage: two shifts (7 AM-8 PM), four units (8 people) per shift, plus a street outreach team of four. Most calls are along the Central corridor.
• O-23-69 – Short-Term Rental Ordinance Amendments (Benton, Fiebelkorn by request): The original bill would have required a local property manager, limited permits to three per person, capped city-wide permits at 1,200, and increased civil penalties. A floor substitute was offered that removed per-person and city-wide caps, added a 330-foot separation distance between units (with legacy language), and replaced criminal penalties with civil penalties. After public comment and debate, the floor substitute failed 3-6 (Benton, Davis, Fiebelkorn for; Bassan, Grout, Jones, Lewis, Peña, Sanchez against). The original bill then failed on the same 3-6 vote.
• R-23-152 – Bus Wraps Policy (Benton): The resolution directs the Transit Department to establish a policy for removing bus wraps from buses and to develop a plan for advertising inside buses, at stops, and other locations. Councilor Benton and staff argued that wraps on windows reduce visibility and public safety. The administration supported the move. An amendment adding a whereas clause about professional appearance passed 8-1 (Sanchez opposed). The final resolution passed 8-1.
• R-23-158 – Mesa del Sol Height Bonuses (Davis, by request): This quasi-judicial item amended the Level A Community Framework Plan to raise maximum building heights in the 92-acre Urban Center from 60 to 80 feet (up to 128 feet with bonuses) and in the 88-acre Community Center from 60 to 84 feet (with two bonuses). Bonuses include ground-floor commercial, structured parking, workforce housing, and privately owned public space. The Environmental Planning Commission and Land Use Planning and Zoning Committee recommended approval. No public comments were received. The resolution passed unanimously (9-0).

Key Outcomes

• O-23-69 (Short-Term Rentals): Floor substitute failed 3-6; original bill failed 3-6. No changes to the current ordinance.
• R-23-152 (Bus Wraps): Passed as amended 8-1. Transit Department to develop policy and plan.
• R-23-158 (Mesa del Sol Heights): Passed 9-0. Height limits increased with bonuses.
• O-23-82 (Domestic Violence Commission): Passed 9-0. Added representatives from disability community, second judicial district attorney's office, public defender, Attorney General's office, and Albuquerque Fire Rescue.
• R-23-121 (Opioid Treatment at MDC): Postponed to September 18, 2023 (7-2).
• EC-23-332 (Matthew Whelan as Deputy CAO): Confirmed 8-1 (Sanchez opposed).
• OC-23-37 (James Collie to Ethics Board): Confirmed 9-0 after technical amendment.
• Consent Agenda: All 19 items approved 9-0.
• Committee Reports: Approved 9-0.