OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Albuquerque City Council Regular Meeting – August 5, 2024

City CouncilMonday, August 5, 2024
BodyAlbuquerque, New Mexico
SessionCity Council
DateMonday, August 5, 2024
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:25

The 13th meeting of the 26th Council will come to order.

0:28

All counselors are present this evening in the chambers.

0:32

We'll have a moment of silence, followed by the Pledge of Allegiance in English and Spanish.

0:48

Pledge allegiance to the flag of the United States of the American public.

1:20

All right.

1:21

Sure.

1:22

Civic Plaza parking passes are provided for members of the public.

1:26

You can obtain a parking pass from council set staff at the table near the chambers entrance.

1:32

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.

1:59

At this time.

2:00

The video recording of this and all past council meetings will remain available for viewing at any time on the city council's website.

2:09

Council staff is available via telephone if members of the public need assistance finding the videos online.

2:16

Please call 50578 3100 for assistance during business hours Monday through Friday, 8 to 5 p.m.

2:25

The council will take a break at approximately 7 p.m.

2:28

this evening.

2:28

With regard to decorum in the chambers, we want tonight's proceedings to be as civil and respectful as possible.

2:35

Please do not make any personal attacks, and please no applause or out other outbursts during the meeting.

3:05

Thank you for coming down, sir.

3:10

So I, you know, while we were on break, it became public that there were some pretty horrific comments made by APD officers after a shooting that left someone dead.

3:24

And I spoke to the chief about it.

3:41

Yes, ma'am, it is.

3:42

So then on Sunday, um there was an article in the paper where uh Mr.

3:48

Willoughby, who is the um Albuquerque Police Officer Association President, made some pretty interesting comments that seemed to go against what I got directly from the chief.

3:59

And I just wanted to hear from APD.

4:03

Um of the quotes was that uh they were saying inappropriate stuff like a lot of us do with our friends and family when we're not in public.

4:20

Is that the position of APD?

4:22

It's not and just first and foremost on uh behalf of the Albuquerque Police Department, myself, and everybody in the bank with the police department and the city of Albuquerque.

4:32

I'd like to issue an apology to all of our partners, um republic partners.

4:41

We worked really hard to establish and build those reports.

4:44

I think some of those comments that you see are um they're they're not acceptable by any stand.

4:52

So one of the things that I think you see in there is some of the disparaging remarks towards other units and certain things like that, which I think if you look at the units that they're talking about, those are our younger spot officers, our younger officers in the department of cadets.

5:00

Which I think if you look at the units that they're talking about, those are our younger spot officers or younger officers of the department of cadets.

5:06

And if you look, and those are the officers that are you see that reflection in our culture change and the broader understanding and the empathy that those officers see.

5:18

And as far as the investigation is ongoing, it is still ongoing this way.

5:24

Because it went on for many hours, and we're not sure who said what.

5:29

Is that what's being investigated?

5:31

That's true.

5:32

So there's a timeline that goes on any uh journal affairs investigation, no matter what how big or how small it is.

5:38

Um set number of days to get their investigations concluded because this isn't the only thing they'd be looking at.

5:44

And so when that investigation does uh come out, they'll be finding up the end of it.

5:48

They have up to 120 days to finish their investigation.

5:52

Um I I'm not sure whether that's usually okay.

5:55

I you know, I just wanted to um on the record say I really appreciate the comments from the chief about these horrific comments that were made.

6:03

Um, but I really really as a citizen of Albuquerque find the conversation that was had with the media that was printed on Sunday pretty abhorrent.

6:12

Um, and I just want to be clear that um you know the comments from Mr.

6:18

Willoughby saying that they say inappropriate stuff like a lot of us do with our friends and family when we're not in public.

6:24

I don't know if that's what Mr.

6:25

Willoughby does, but that is not what I do, and that is not what the people of Albuquerque do, and it says a lot about how we as a city are gonna treat folks when we're in the field in in you know being called out for help of for someone if we think of them as lesser than or savages or any of the other horrible things that were said, and I did appreciate that the chief spoke with me and you know, and is and is reaching out to um tribal governments around and really trying to um patch this up, but again, the idea that that's just how people in Albuquerque behave is not true, and I think that um Mr.

7:08

Willoughby should know that before he says things like that in public again.

7:12

But thank you for being here tonight.

7:15

Mr.

7:16

President, I had a couple of other questions for other departments.

7:18

Um the first one is I think for the administration.

7:23

Um I've been asking about this for some time now.

7:27

We have the civilian police oversight agency, and they are in space that is too small for them.

7:34

We have been trying apparently unsuccessfully to find them a space.

7:39

Um, we're still under monitoring under the CASA.

7:42

One of the requirements of that was that we provide the CPOA with everything that that is needed.

7:48

What is going on with finding them a space that will hold all of their employees and allow them to do their job correctly?

7:58

Mr.

Discussion Breakdown — Share of Meeting
Public Safety███████████11%
Public Engagement███████████11%
Transportation Safety█████████9%
Public Comment████████8%
Active Transportation████████8%
Wage Policy████████8%
Homelessness███████7%
Procedural█████5%
Public Transit█████5%
Summary of Proceedings

Albuquerque City Council Regular Meeting – August 5, 2024

The City Council held its 13th meeting of the 26th Council on Monday, August 5, 2024, at 5:00 PM in the Vincent E. Griego Chambers. All nine councilors were present. The meeting included a moment of silence, pledges of allegiance, proclamations, administration Q&A, approval of the June 17, 2024 journal, communications, reports of committees, consent agenda, financial instruments, an appeal, public comments, and multiple legislative items. The meeting adjourned at 1:18 AM on August 6.

Consent Calendar

  • EC-24-157: Community Planning Area Assessment Report – East Gateway ABQ CPA (Receipt Noted, 9-0).
  • EC-24-158: Approval of West Mesa Ridge A Development Agreement with YES Housing, Inc. for affordable rental housing using Housing Forward funds (Approved, 9-0).
  • EC-24-159: Community Planning Area Assessment Report – Central Albuquerque CPA (Receipt Noted, 9-0).
  • EC-24-172: Extension of Audit Services Contract (Approved, 9-0).
  • EC-24-173: Mayor's appointment of Esteban A. Aguilar Jr. to the Accountability in Government Oversight Committee (Withdrawn by Administration, 9-0).
  • EC-24-174: Mayor's appointment of Don Harris to the Balloon Museum Board of Trustees (Confirmed, 9-0).
  • OC-24-13: Appointment of Robert Cornish to the Open Space Advisory Board (Confirmed, 9-0).
  • O-24-32: Demolition process amendment (Postponed to August 19, 2024, 9-0).
  • R-24-53: Acceptance of grant funds from NM Highway and Transportation Department for Parks and Recreation (Passed, 9-0).
  • R-24-67: Amending Capital Implementation Program for Westside Sports Complex location (Passed, 9-0).

Public Comments & Testimony

  • APD Officers' Comments: Councilor Fiebelkorn questioned APD Chief about derogatory remarks made by officers after a fatal shooting. The chief apologized and stated an investigation is ongoing (up to 120 days). Councilor Fiebelkorn criticized the union president's comments as inaccurate.
  • CPOA Space: Councilor Fiebelkorn asked about finding adequate space for the Civilian Police Oversight Agency. The administration said a memo is ready and a solution is expected within weeks.
  • West Side Emergency Housing Center: Councilor Fiebelkorn requested an update on outdoor space legislation. The administration reported five shade structures were installed, $75,000 allocated for an architect, and a plan with photos will be provided.
  • Housing Voucher Funding: Councilor Fiebelkorn and others questioned the reduction in housing assistance funding from $12 million to $8 million. The administration explained that $4 million in reverted funds from FY24 would be used to supplement contracts, aiming to prevent displacement. Councilor Rogers noted that $8.3 million was reverted in FY23 and $6.1 million in FY24. Councilor Grout questioned contract compliance and long-term outcomes.
  • Feces Cleanup Program: Councilor Sanchez asked about the program. The administration reported 1,600 calls handled, $100,000 expended in three months, and ongoing analysis. Councilor Fiebelkorn criticized the administration's handling as a "pilot" and demanded a long-term plan.
  • Streets Maintenance: Councilor Grout asked about road resurfacing priorities. Costs: $500,000 per lane mile for rehab, $100,000 for preservation. There are 4,600 lane miles; $27 million budgeted for FY25.
  • Transit Issues: Councilor Grout questioned bus rider rules; Councilor Rogers asked about the recovery network survey (available in multiple languages, public comment extended to mid-September) and a recent hiring event (64 applicants, 22 conditional offers).
  • Noise Cameras: Councilor Baca discussed a pilot program for automated vehicle noise enforcement. Professor Farrencheck said single-lane analysis has 75% success rate, two-lane 50%. APD will work with him.
  • Public Speakers: Over 30 members of the public spoke on topics including:
    • Support for e-bike ordinance (O-14) from seniors and cyclists highlighting health benefits.
    • Opposition to e-bike ordinance from hikers, equestrians, and safety advocates, citing speed and trail damage concerns; a petition with 488 signatures requested more public input.
    • Support for the mayor's veto of R-24-47 (election threshold) from labor unions, Common Cause, and residents arguing for majority rule.
    • Concerns about housing voucher cuts from homeless advocates.
    • Support for shared active transportation (O-23) from Bike ABQ and others.
    • Support for the Route 66 Visitor Center Commission (O-29) from community members.
    • Opposition to the minimum wage amendment (O-21) from restaurant owners advocating for a lower tipped wage to help pay kitchen staff.

Discussion Items

  • O-24-21 (Minimum Wage Amendment): Councilor Rogers moved to postpone to August 19; motion failed 4-5. Debate centered on reducing the tipped minimum wage from $7.20 to $3.00. Councilor Bassan's amendment to strike enforcement sections was withdrawn. Councilor Grout's amendment to adopt the state wage ($3.00) drew extensive discussion. Councilor Peña moved to defer to the next meeting; motion passed 5-4, postponing the item.
  • O-14 (E-Bike Ordinance): Councilor Bassan presented the committee substitute. Public comment was divided. Councilor Fiebelkorn's amendment to require public input on unpaved trails failed 2-7. Her second amendment for a 15 mph speed limit failed 1-8. Councilor Bassan's technical amendment (definition of motorized vehicle) passed 9-0. The bill passed as amended 8-1.
  • O-23 (Shared Active Transportation): Councilor Fiebelkorn moved passage. An amendment to increase fines for abandoned vehicles from $50 to $250 per vehicle per day passed 9-0. The bill passed 8-0 (Councilor Lewis excused).
  • O-24 (Transit Security Study Extension): Passed 9-0.
  • O-29 (Route 66 Visitor Center Commission): Three amendments passed (8-0, 8-0, 8-0). The bill passed 7-1 (Councilor Champine opposed).
  • O-30 (Animal Welfare Fund): Two amendments passed (8-0, 8-0). The bill passed 9-0.
  • R-24-60 (Bus Wraps): Passed 5-3 (Councilors Fiebelkorn, Peña, Rogers opposed).
  • R-24-71 (Double Eagle II Master Plan): Quasi-judicial hearing. Public comment raised concerns about tribal consultation and environmental review. Councilor Sanchez's amendment (severability clause) passed 9-0. The resolution passed 6-2 (Councilors Fiebelkorn and Rogers opposed).

Key Outcomes

  • Veto Override (R-24-47): Motion to override the mayor's veto of the election threshold change failed 5-4 (For: Bassan, Champine, Grout, Lewis, Sanchez; Against: Baca, Fiebelkorn, Peña, Rogers). The veto stands.
  • Charter Amendments (P-5, P-6): Proposed to change city council election cycles. P-5 failed 3-6; P-6 failed 0-9. Related resolutions R-65 and R-66 were withdrawn.
  • O-24-21 (Minimum Wage): Postponed to August 19, 2024.
  • O-14 (E-Bikes): Passed as amended, allowing class 1, 2, and 3 e-bikes on paved trails and, pending Parks and Recreation evaluation, on unpaved trails, with a 20 mph speed limit.
  • O-23 (Shared Active Transportation): Passed, reducing permit fees and imposing higher fines for abandoned vehicles.
  • O-24 (Transit Security Study): Extended deadline to December 31, 2024.
  • O-29 (Route 66 Visitor Center Commission): Established a commission with advisory and recommending authority.
  • O-30 (Animal Welfare Fund): Created a dedicated fund for spay/neuter, microchipping, and vaccinations, with quarterly reporting.
  • R-24-60 (Bus Wraps): Rescinded prior resolutions, allowing advertising wraps on transit buses with restrictions (50% for public service/nonprofits, prohibition on political ads 120 days before elections).
  • R-24-71 (Double Eagle II Master Plan): Approved text amendment to allow non-aeronautical land uses (commercial, lodging, light industrial, education, film studio, renewable energy) subject to future EPC site plan approval.

Meeting Transcript

The 13th meeting of the 26th Council will come to order. All counselors are present this evening in the chambers. We'll have a moment of silence, followed by the Pledge of Allegiance in English and Spanish. Pledge allegiance to the flag of the United States of the American public. All right. Sure. Civic Plaza parking passes are provided for members of the public. You can obtain a parking pass from council set staff at the table near the chambers 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. At this time. The video recording 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 50578 3100 for assistance during business hours Monday through Friday, 8 to 5 p.m. The council will take a break at approximately 7 p.m. this evening. 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 out other outbursts during the meeting. Thank you for coming down, sir. So I, you know, while we were on break, it became public that there were some pretty horrific comments made by APD officers after a shooting that left someone dead. And I spoke to the chief about it. Yes, ma'am, it is. So then on Sunday, um there was an article in the paper where uh Mr. Willoughby, who is the um Albuquerque Police Officer Association President, made some pretty interesting comments that seemed to go against what I got directly from the chief. And I just wanted to hear from APD. Um of the quotes was that uh they were saying inappropriate stuff like a lot of us do with our friends and family when we're not in public. Is that the position of APD? It's not and just first and foremost on uh behalf of the Albuquerque Police Department, myself, and everybody in the bank with the police department and the city of Albuquerque. I'd like to issue an apology to all of our partners, um republic partners. We worked really hard to establish and build those reports. I think some of those comments that you see are um they're they're not acceptable by any stand. So one of the things that I think you see in there is some of the disparaging remarks towards other units and certain things like that, which I think if you look at the units that they're talking about, those are our younger spot officers, our younger officers in the department of cadets. Which I think if you look at the units that they're talking about, those are our younger spot officers or younger officers of the department of cadets. And if you look, and those are the officers that are you see that reflection in our culture change and the broader understanding and the empathy that those officers see. And as far as the investigation is ongoing, it is still ongoing this way. Because it went on for many hours, and we're not sure who said what. Is that what's being investigated? That's true. So there's a timeline that goes on any uh journal affairs investigation, no matter what how big or how small it is. Um set number of days to get their investigations concluded because this isn't the only thing they'd be looking at. And so when that investigation does uh come out, they'll be finding up the end of it. They have up to 120 days to finish their investigation. Um I I'm not sure whether that's usually okay. I you know, I just wanted to um on the record say I really appreciate the comments from the chief about these horrific comments that were made. Um, but I really really as a citizen of Albuquerque find the conversation that was had with the media that was printed on Sunday pretty abhorrent. Um, and I just want to be clear that um you know the comments from Mr. Willoughby saying that they say inappropriate stuff like a lot of us do with our friends and family when we're not in public. I don't know if that's what Mr. Willoughby does, but that is not what I do, and that is not what the people of Albuquerque do, and it says a lot about how we as a city are gonna treat folks when we're in the field in in you know being called out for help of for someone if we think of them as lesser than or savages or any of the other horrible things that were said, and I did appreciate that the chief spoke with me and you know, and is and is reaching out to um tribal governments around and really trying to um patch this up, but again, the idea that that's just how people in Albuquerque behave is not true, and I think that um Mr. Willoughby should know that before he says things like that in public again. But thank you for being here tonight.

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