City Council Meeting – February 5, 2024 (5:00 PM)

All nine councilors attended this regular meeting of the Albuquerque City Council, which included presentations, an administration question-and-answer period, public comments, and several votes. Key topics were a capital improvement plan for the West Side Emergency Housing Center, a contentious discussion about APD missed court practices and a federal investigation, and the confirmation of a new Director of the Civilian Police Oversight Agency.

Consent Calendar

• EC‑24‑3 – Sole source purchase of an interactive driving simulator for DMD/Street Maintenance Division. Approved unanimously (9‑0).
• EC‑24‑9 – Mayor’s appointment of Ms. Dayan Hochman‑Vigil to the Airport Advisory Board. Confirmed unanimously (9‑0).
• EC‑24‑11 – Knotts Landing Court NW right‑of‑way vacation. Approved unanimously (9‑0).
• EC‑24‑12 – Mayor’s reappointment of Ms. Wendy C. Santiesteban to the ABQ Volunteers Advisory Board. Confirmed unanimously (9‑0).
• EC‑24‑13 – Mayor’s appointment of Ms. Jan DeMay to the Impact Fee Committee. Confirmed unanimously (9‑0).
• EC‑24‑14 – Mayor’s appointment of Mr. Travis Kellerman to the Impact Fee Committee. Confirmed unanimously (9‑0).
• R‑24‑5 – Created the Hospitality Renewal Initiative Working Group to reimagine the motel voucher program. Passed unanimously (9‑0).
• Note: EC‑24‑8 (reappointment of Ms. Skye Morris‑Devore to the Lodgers’ Tax Advisory Board) was deferred to February 21, 2024, by a 9‑0 vote.

Public Comments & Testimony

• Robert Anderson (District 6) advocated for a small‑group‑home approach to homelessness instead of large shelters, citing Houston’s model. He also shared photos of encampments and expressed frustration with current practices.
• Francesco Artists praised APD and thanked retired police officers on the council for their service.
• Athena Serrano (teacher) urged the council to focus on education funding and rehabilitation rather than police reform, and requested that public comment be moved earlier in the agenda.
• John Griego (Police Athletic League – PAL) stated that a city vacate letter for the PAL building (dated Jan. 5, 2024) was based on incorrect claims. He said the MOU was not terminated, and the city had not worked in good faith to relocate them. He disputed the building safety assessment.
• Florencio O’Geen (PAL) added that the building was deemed safe by a prior inspection and that the city placed PAL there. He said the city had not asked for required documentation until recently.
• Janice Herrera (noted as a speaker but no full comments captured in transcript).
• James Freeman (District 4) reported from the Point‑in‑Time count that many unhoused individuals told him they had been “swept” up to 10 times in 12 months, losing documents and belongings. He urged the city to stop discarding property and noted that the encampment clearance is under an injunction.
• Rudolph Serrano (multiple appearances) complained about a property destroyed by fire, drug dealing, and the city’s response. He also spoke on the MBDA grant, arguing funds should stay in Albuquerque.
• Sally Sanchez, Josette Otero, Olysia Otero, Finney Coleman, Andres Valdez, Randall Fine – listed as speakers but no detailed comments captured in the transcript.

Discussion Items

• Proclamations & Presentations

  • Council presented proclamations honoring Kirtland Air Force Base (economic impact of $4.88B in FY2022, workforce of 23,821) and Sandia National Laboratories (economic impact of $4.8B in FY2023, 16,700+ employees, $114M in gross receipts taxes paid). Representatives accepted and thanked the council.
  • Gilbert Ramirez (Director of Health, Housing & Homelessness) presented the West Side Emergency Housing Center Strategic Capital Improvement Plan. Key facts: the facility is 18 miles from downtown, houses over 450 individuals daily (250 overnight), is the largest shelter in the state. $5.9M in upgrades are needed, including interior renovations, door accessibility, activity areas, and covered storage. To date, only about $100,000 remains from county funds for one dormitory. The total annual operating contract (Heading Home) is over $4.3M, with separate transportation (~$1M/year) and food costs (~$700-800K). Medical care is contracted separately with 3‑4 EMTs from 8 a.m. to 9 p.m. A planned medical respite program at the Gateway (50 beds) aims to address hospital discharges to the shelter.

• Administration Q&A – APD Missed Court and Federal Investigation

  • Councilor Baca asked about trespass enforcement downtown; Chief Medina confirmed officers can and do enforce, averaging ~200 misdemeanor enforcement actions per week, most for criminal trespass.
  • Councilor Rogers asked for policy on “too many missed court dates”; Chief Medina said each missed court notice is investigated individually, with a first offense being a Class 6 discipline, and subsequent offenses escalating.
  • Councilor Sanchez criticized the chief for deflecting responsibility, stating that officers can track their own court dates via NM Courts website and that the system worked in the past. He also noted his experience as a former FBI agent and said the FBI investigation is independent.
  • Councilor Champine asked how missed court notices are currently tracked; Chief Medina said historically notifications came from the DA’s office, but in September 2022 those stopped. Since the issue became public, 33 notices were received in January 2024. The department is working on an automated data system, but correlating case numbers from APD, DA, and courts is complex.
  • The Deputy Chief explained that an API with the court system was recently established, but fully automating the process will take time and manpower.
  • The District Attorney’s office (letter read) denied responsibility for notifying APD; the chief maintained the practice was long‑standing.
  • Councilor Bassan cautioned against premature judgment, noting an FBI investigation is ongoing.

• CAO Entry into Council Offices

  • Councilor Bassan raised that on a Friday evening (date not specified but recent), CAO Samantha Siegel used her universal badge to enter the council services office after hours and drop off legislation (mayoral appointments to the Air Quality Board) without prior notification. She later sent a memo suggesting notice should be given.
  • Council President Lewis stated the action was unprecedented and unacceptable. Councilor Sanchez noted council staff could not reciprocate because they lack universal access. CAO Siegel apologized, saying she intended to meet a deadline, and that she had emailed the documents simultaneously. She acknowledged the need for a defined protocol.

• OC‑24‑3 – Selection of Director of Civilian Police Oversight Agency

  • Three ranked candidates were presented. After balloting, Diane McDermott was selected. The council initially tabled the matter while counting votes, then returned and confirmed her unanimously (9‑0).

• R‑24‑6 – Rural Supplemental Grant from MBDA

  • This $183,000 grant (with a $20,333 city match from the General Fund) will fund professional services to replicate Albuquerque’s minority business development model in Las Vegas, NM, an area affected by wildfires. Councilor Bassan expressed concern about using city funds outside Albuquerque. The MBDA center director said services (webinars, technical assistance) will be available to Albuquerque businesses as well. An earlier $500K revenue threshold for eligibility was removed in the past 12‑18 months, which Councilor Rogers noted was not widely communicated. The resolution passed unanimously (9‑0).

Key Outcomes

• Votes/Decisions:
  • Consent calendar items approved as listed.
  • R‑24‑5 (Hospitality Renewal Initiative Working Group): Passed 9‑0.
  • OC‑24‑4 (Accountability in Government Oversight Committee appointment): Postponed to February 21, 2024 (8‑1, Councilor Fiebelkorn opposed).
  • EC‑24‑8 (Lodgers’ Tax Advisory Board reappointment): Deferred to February 21, 2024 (9‑0).
  • OC‑24‑3 (Civilian Police Oversight Agency Director): Diane McDermott confirmed 9‑0.
  • R‑24‑6 (Rural Supplemental Grant): Passed 9‑0.
• Directives:
  • APD will provide council with the discipline policy for missed court and pursue data‑sharing agreements with courts and DA.
  • Council President will work on a policy regarding after‑hours access to council offices by administration.
  • The West Side Shelter capital needs will be part of upcoming CIP discussions; council expects updates on the outdoor space funding (R‑23‑183).
• Next Steps:
  • The next regular council meeting is February 21, 2024.
  • Intergovernmental legislative relations committee meetings scheduled Feb 6–14; land use planning and zoning committee meeting on Feb 14 canceled.
  • Council will continue to monitor APD’s progress on missed court tracking and the federal investigation.