Albuquerque City Council Meeting - November 8, 2023 - Air Quality, Zero Fares, and More
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Albuquerque City Council Meeting - November 8, 2023
The Albuquerque City Council held its 40th meeting of the 25th Council on November 8, 2023, from 5:00 PM to approximately 1:00 AM on November 9. The meeting featured extensive public comment and debate on several high-profile items, including the restructuring of the Albuquerque-Bernalillo County Air Quality Control Board, making zero-fare transit permanent, and creating a marijuana equity fund. The council also approved consent agenda items, accepted FEMA grants, and set legislative priorities for the upcoming state session.
Consent Calendar
- The council unanimously approved the consent agenda, which included:
- Vision Zero Year-in-Review/Action Plan Update (EC-23-376)
- Workers' Compensation Legal Services Agreement with YLAW, P.C. (EC-23-378)
- Farolito Senior Community Development Agreement with Greater Albuquerque Housing Partnership (EC-23-379)
- Violence Intervention & Prevention Services Agreement with Youth Development Inc. (EC-23-380)
- Withdrawal of an appeal by the Westside Coalition of Neighborhood Associations (AC-23-14) – withdrawn by applicant.
Public Comments & Testimony
- General Public Comment: Over 180 individuals signed up to speak; the council limited comments to one minute each. Many spoke on the air quality board bills and zero fares.
- Air Quality Board (O-23-88 & R-23-176): Approximately 60 unique speakers. Supporters included business groups (Greater Albuquerque Chamber of Commerce, AGC New Mexico, homebuilders) who argued the current board overstepped its authority, lacked transparency, and threatened economic development. Opponents included community members, environmental justice organizations (Sierra Club, Los Jardines Institute, Earth Care), and the Pueblo of Isleta, who argued the new board would weaken protections for overburdened communities, particularly in the South Valley and Mountain View neighborhoods. They noted that Albuquerque ranks 25th most polluted metro area and that the board's proposed HEI rule is needed to address cumulative impacts.
- Zero Fares (O-23-89): Many speakers, including students, transit-dependent residents, and health advocates, supported making zero fares permanent, citing equity, reduced barriers, and improved driver safety. A few speakers expressed concerns about crime and drug use on buses.
- Marijuana Equity Fund (O-23-87): Speakers supported the fund, urging clear definitions of overburdened communities and transparency in the amendment process.
- Safe Outdoor Spaces (R-23-178): A few speakers opposed suspending administrative appeals, arguing it would remove community voice. The sponsor argued it was necessary to quickly provide alternatives after a court injunction restricted encampment removals.
Discussion Items
- Air Quality Board Restructuring (O-23-88 & R-23-176): Councilor Lewis sponsored these items to repeal the existing joint air quality ordinance, abolish the current board, and create a new board with different qualifications, transparency requirements, and council oversight. The administration expressed concerns about moving without county collaboration, as the board is jointly created. After extensive debate, the council adopted amendments: one requiring the board to represent the city's diversity (Amendment 3), and another removing the council's ability to stay or reject board rules (Amendment 5). The ordinance passed 5-4 (Bassan, Grout, Jones, Lewis, Sanchez in favor; Benton, Fiebelkorn, Peña, Davis opposed). The related moratorium resolution (R-23-176) also passed 5-4 with an amendment to collaborate with Bernalillo County.
- Zero Fare Transit (O-23-89): Councilor Fiebelkorn, Davis, and Peña sponsored the bill to amend the transit ordinance to create a permanent zero-fare structure. The city's transit department reported that fares account for about 1.7% of the $58 million budget, and the pilot program has been successful. Discussion focused on security concerns, ridership declines, and the need for a long-term security plan. The bill passed 6-3 (Bassan, Benton, Fiebelkorn, Jones, Peña, Davis in favor; Grout, Lewis, Sanchez opposed).
- Marijuana Equity Fund (O-23-87): Councilor Peña's bill directing tax revenue from recreational marijuana sales to a permanent fund for communities impacted by the war on drugs. Amendments clarified the fund would be housed in the Department of Finance and Administration and that revenue comes from the excise tax, not sales. Passed 8-1 (Jones opposed).
- Safe Outdoor Spaces (R-23-178): Councilor Fiebelkorn's resolution to suspend administrative appeals for safe outdoor space applications to quickly establish alternatives after a court injunction. An amendment to preserve notification requirements failed 4-5. The bill itself failed 4-5 (Benton, Fiebelkorn, Jones, Davis in favor; Bassan, Grout, Lewis, Peña, Sanchez opposed).
- Housing Forward Fund (R-23-177): Councilor Benton's resolution requiring council approval for expenditures from the affordable housing fund (formerly "305 Misc.") and an annual report. Passed unanimously with an amendment to rename the fund and add reporting requirements.
- Other Items: The council approved the food and beverage concession contract at the Sunport (EC-23-377) 7-1 (Davis opposed). Accepted FEMA grants (R-23-180) unanimously. Approved a study on consolidating city transit with Rio Metro (R-23-181) 5-3. Passed legislative priorities for the 2024 state legislature (R-23-182) unanimously. Also approved rules amendments (RA-23-3) unanimously.
Key Outcomes
- O-23-88 (Air Quality Board): Passed 5-4 as amended.
- R-23-176 (Moratorium): Passed 5-4 as amended.
- O-23-89 (Zero Fare): Passed 6-3.
- O-23-87 (Marijuana Equity Fund): Passed 8-1.
- R-23-178 (Safe Outdoor Spaces): Failed 4-5.
- R-23-177 (Housing Forward Fund): Passed 9-0.
- EC-23-377 (Sunport Concessions): Approved 7-1.
- R-23-180 (FEMA Grants): Passed 8-0 (Jones excused).
- R-23-181 (Transit Consolidation Study): Passed 5-3.
- R-23-182 (Legislative Priorities): Passed 9-0.
- RA-23-3 (Rules Amendments): Passed 9-0.
- The council also went into executive session to discuss pending litigation.
Meeting Transcript
I'm Albuquerque City Councilor. All right, good evening and welcome to the 40th meeting. It seems like it's been that many of the 25th City Council. This meeting will come to order. All of our counselors are present with two exceptions this evening. Councilor Jones will be joining us by Zoom a little later in the meeting, or she may be here already. Councilor Benton will be joining us later in the meeting before our action items. Before we get started, as we always do, we will ask our vice president to get us started, and then we'll go into some rules and uh and introduce and welcome our presenters. Madam Vice President. Thank you, Mr. President. Um, at this time we're going to have a moment of silence, then we will do the Pledge of Allegiance in English. Uh Councilor Pena is going to lead us in that, and Councillor Bassan will lead us in the pledge in Spanish. Will you please stand with me? I collect the agents to the slide of the United States of America and to the Republic for which it stands. Indivisible with liberty and justice for all. Thank you. You may be seated. Civic Plaza parking passes are provided for members of the public. You can obtain a parking pass from council staff at the table near the chamber's entrance. Members of the public, city staff, and the media have the ability to view this meeting in person and on live streams through four different platforms. GovTV on Comcast Channel 16, Gov TV website, YouTube, and Zoom webinar. The live streams can be accessed from most smartphones, tablets, or computers. Also, this meeting is closed captioned, and you may enable the closed captioning services on your television or device at this time. The video recordings of this and all past council meetings will remain available for viewing at any time on the city council's website. Council staff is available via telephone if members of the public need assistance, finding the videos online. Please call 505 768 3100 for assistance during business hours Monday through Friday from 8 to 5 p.m. The council will take a break this evening approximately at 7 p.m. If it's needed, I think it's going to be needed. With regard to decorum in the chambers, we want tonight's proceedings to be as civil and respectful as possible. Please do not make any personal attacks, and please no applause or outbursts during the meeting. The meeting will go smoother, a lot smoother if we are respectful of one another. And to that end, I want to say a few words about decorum and the rules that we have put in place. Handouts of the rules are available at the staff table near the chamber entrance if you would like to get a copy. There will also be absolutely no signs, props, posters, or banners allowed in the chambers other than that which can be displayed on the overhead during presentations. Such materials shall 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 displayed on the overhead projector must be removed from the projector at the end of that person's public comment. Only the individual whom the council president has called on to provide public comment may stand at the podium. Multiple persons will not be permitted to stand behind the presenter. The only exception will be for those who need a translator or reasonable accommodations to provide public comment. The time limit for public comment will be strictly enforced. Public comment must be directed to the council through the council president, not at staff or members of the audience. There will be no tolerance for disruptive public outbursts. The handicapped landing area to the right of the dais must be kept clear at all times. Those desiring to record the meeting will be directed to land to the landing area on the left side of the dais. The fire marshal will strictly enforce ingress and egress rules so that as to ensure public safety. So let's let's be on our best behavior. And with that in mind, uh, we're going to move on to proclamations and presentations. At this time, I'd like to ask Councillor Santis to take the floor. Thank you, Madam Vice President.
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