Albuquerque City Council Meeting: December 4, 2023 - Veto Overrides, Air Quality Board, and Budget Adjustments

The Albuquerque City Council held its 42nd meeting of the 25th Council on Monday, December 4, 2023, at 5:00 PM in the Vincent E. Griego Chambers. The meeting included proclamations, public comments, and action on 36 agenda items. Major discussions centered on the mayor's vetoes related to the Albuquerque-Bernalillo County Joint Air Quality Control Board, a bus advertising ban, and a year-end budget cleanup bill. The council also honored retiring councilors Isaac Benton (District 2), Trudy Jones (District 8), and President Pat Davis (District 6).

Consent Calendar

• Approved unanimously (8-0, Councilor Jones excused): Numerous mayoral appointments to boards and commissions, including the Personnel Board, EMS Medical Control Board, Commission on American Indian and Alaska Native Affairs, Library Advisory Board, Affordable Housing Committee, and Civilian Police Oversight Advisory Board. Also approved was a first supplemental agreement for outside counsel legal services.
• Postponed (8-0): The Mayor's appointment of Dr. Michael Wartell to the Personnel Board was postponed to January 8, 2024.
• Withdrawn by Administration (8-0): Appointment of Lynette L. Gassner to the Commission on American Indian and Alaska Native Affairs and the reappointment of Dr. Kerry J. Howe to the Water Protection Advisory Board were withdrawn.

Public Comments & Testimony

• Air Quality Board (EC-23-403 and EC-23-404): Over 20 speakers addressed the council. Speakers from Sandia National Laboratories, the U.S. Air Force (Kirtland Air Force Base), the Greater Albuquerque Chamber of Commerce, and local businesses urged the council to override the mayor's vetoes, arguing that the proposed HEI (Health, Environment, and Equity Impact) rule lacked scientific basis, threatened national security and economic development, and was developed without proper stakeholder input. Community members from the Mountain View neighborhood and environmental justice advocates urged the council to sustain the vetoes, asserting that the air quality board was following proper procedures and that the rule was necessary to protect overburdened communities from industrial pollution. The chair of the Air Quality Control Board, Maxine Paul, and Bernalillo County Commissioner Barbara Baca also spoke, asking the council to sustain the vetoes to preserve the ongoing hearing process.
• Bus Advertising (R-23-184): Local business owners and a representative from Lamar Advertising spoke against the proposed ban on exterior bus advertising, citing loss of revenue (estimated $5.5 million over 10 years) and negative impact on local businesses. A few speakers supported the ban for safety and uniformity.
• Domestic Violence Pilot Program (Amendment to R-23-193): District Attorney Sam Bregman spoke in support of funding for a domestic violence prosecution pilot program, noting 2,686 misdemeanor and 714 felony domestic violence cases year-to-date. He requested $220,000 for two prosecutors and support staff.
• Other: Comments were also made about the Gateway Center, license plate reader retention, and general public safety.

Discussion Items

• Veto Override of R-23-176 (Moratorium on Air Quality Board): Councilor Dan Lewis moved to override the mayor's veto. After debate, the council voted 7-2 (Bassan, Grout, Jones, Lewis, Peña, Sanchez, Davis in favor; Benton, Fiebelkorn against) to override. The moratorium halts the Air Quality Board from acting on the HEI rule until February 1, 2024.
• Veto Override of O-23-88 (Repeal and Replace Air Quality Board): Councilor Lewis moved to override. The council voted 6-3 (Bassan, Grout, Jones, Lewis, Peña, Sanchez in favor; Benton, Fiebelkorn, Davis against) to override, abolishing the current board and creating a new one with revised membership requirements.
• Resolutions for Joint Working Group: Councilor Fiebelkorn's R-23-198 (mirror resolution with county) failed 4-5 (Benton, Fiebelkorn, Peña, Davis in favor; Bassan, Grout, Jones, Lewis, Sanchez against). Councilor Davis's R-23-197 (shorter version) passed 7-2 (Benton, Grout, Jones, Lewis, Peña, Sanchez, Davis in favor; Bassan, Fiebelkorn against) after an amendment to add a scientist from a federal research agency was added unanimously.
• Bus Advertising Ban (R-23-184): Councilor Benton and Grout's resolution to prohibit advertising on the exterior of transit buses was debated. An amendment to allow public service announcements failed 3-5 (Bassan, Fiebelkorn, Peña in favor; Benton, Grout, Lewis, Sanchez, Davis against). The bill as amended passed 6-2 (Benton, Bassan, Fiebelkorn, Grout, Peña, Davis in favor; Lewis, Sanchez against).
• License Plate Reader Retention (R-23-159): Councilor Grout's resolution to extend retention of ALPR data from 14 days to one year passed 6-2 (Bassan, Benton, Grout, Lewis, Peña, Sanchez in favor; Davis, Fiebelkorn against).
• Year-End Budget Cleanup (R-23-193): Councilor Bassan's bill adjusted FY2023 and FY2024 appropriations. Multiple amendments were debated, including:
  • Amendment 1 (Davis): $500,000 for Menual Boulevard median project (passed 8-0).
  • Amendment 2 (Bassan): $150,000 for councilor salaries (passed 8-0).
  • Amendment 3 (Davis): $75,000 for contract compliance officer for Police Oversight Board (passed 8-0).
  • Amendment 4 (Grout): $220,000 for domestic violence pilot program with DA's office, initially funded from APD vehicles and city clerk's office, passed 4-3 after revision.
  • Amendment 5 (Bassan): $200,000 for professional services (passed 8-0).
  • Amendment 6 (Fiebelkorn): $700,000 from Los Altos Park to North Domingo Baca Aquatic Center and flood mitigation (passed 8-0).
  • Amendment 7 (Fiebelkorn): $40,000 for green stormwater infrastructure coalition (passed 8-0).
  • Amendment 8 (Davis): Housing forward fund allocation (passed 8-0).
  • Amendment 10 (Peña): $1 million for Southwest Safety Complex land acquisition (passed 8-0). The bill as amended passed unanimously.
• Economic Development Projects:
  • Array Technologies (O-23-94): Approved 8-0. $250,000 in LEDA funding to retain 400 jobs and create 87 new jobs at a new manufacturing facility in Bernalillo County.
  • The Sixty-Six Project (R-23-191): Approved 8-0. Tax abatement for a 96-unit market-rate housing development on Central Avenue.
  • SOMOS Affordable Housing (EC-23-405): Approved 8-0. Disposition agreement for MRA-owned land at 7200 Central Ave SE for affordable housing.
  • Estates at La Cuentista PID (R-23-179): Approved 8-0. Formation of a public improvement district for a 248-home development on the west side.
• Transit Safety Plan (R-23-189): Approved 8-0.
• ARPA Air Quality Monitoring Grant (R-23-187): Approved 8-0 after discussion about delayed submission to council.

Key Outcomes

• Veto Overrides: The council overrode Mayor Keller's vetoes on R-23-176 (moratorium) and O-23-88 (repeal and replace Air Quality Board), with votes of 7-2 and 6-3 respectively. These actions stop the current HEI rulemaking hearing and replace the board's composition.
• Joint Working Group: R-23-197 passed 7-2 to create a city-county working group to recommend improvements to the joint air quality control board, with a report due by February 1, 2024.
• Bus Advertising Ban: R-23-184 passed 6-2, prohibiting all exterior advertising on transit buses, effective upon existing contract expiration.
• Domestic Violence Pilot Program: $220,000 was allocated in the budget cleanup (R-23-193) for a pilot program in the District Attorney's office, with funding from the city clerk's office ($110,000) and APD vehicle funds ($110,000).
• Budget Adjustments: R-23-193 passed with numerous amendments, reallocating funds for capital projects, public safety, and administrative needs.
• Economic Development: The council approved LEDA funding for Array Technologies, tax abatement for a housing project, and formation of a public improvement district.
• Other Approvals: License plate reader retention extended to one year; transit safety plan approved; grant for air quality monitoring accepted.