City Council Meeting - October 7, 2024

The Albuquerque City Council held its 17th meeting of the 26th Council on Monday, October 7, 2024, at 5:00 PM in the Vincent E. Griego Chambers. The meeting lasted until 10:09 PM and covered a wide range of topics including downtown revitalization ordinances, a social service contract for youth violence prevention, charter amendments, food service fee changes, and the creation of an artificial intelligence policy working group. Public comments were extensive, particularly on the downtown ordinances. Several items were approved, deferred, or defeated.

Consent Calendar

• Approved unanimously (9-0): Land lease with KAEG Hangars LLC (EC-24-190); Air Cargo Building lease with Peak Supply Chain Solutions (EC-24-191); Lease agreement with West Bluff Center, LLC (EC-24-205); Hangar lease with AirDialog LLC (EC-24-208); Right-of-way vacation at 4010 Carlisle Blvd. NE (EC-24-220); Mayoral appointments to various boards and commissions (EC-24-223 through EC-24-230, several confirmed); Annual reports from the Office of Inspector General (OC-24-19) and Office of Internal Audit (OC-24-20); approval of the FY2025 Audit Plan (R-24-84); acceptance of grant funds for firefighter recruitment (R-24-86); setting meeting notice and schedule for 2025 (R-24-87, R-24-88); and approval of grant applications (R-24-91, R-24-93).
• Withdrawn by Administration (9-0): Coronado Dog Park sales agreement (EC-24-217); reappointment of Guillermina Osoria (EC-24-222); appointment of Jennifer Hayden to Lodgers’ Tax Advisory Board (EC-24-228).
• Postponed to October 21, 2024 (9-0): The "Apprenticeship Empowerment Ordinance" (O-24-39).

Public Comments & Testimony

• O-24-42 (Downtown Vacant Buildings, Dilapidation, and No Obstruction Zone Ordinances): Approximately 50 speakers signed up. The vast majority opposed Section 5 (the "No Obstruction Zone") arguing it criminalizes homelessness and restricts First Amendment rights (e.g., protesting, sitting, lying). Many urged removal of Section 5 entirely and called for housing and services instead of fines. A minority of speakers (business owners, downtown residents) supported the bill, citing crime, vacancies, and the need for revitalization. Several speakers also connected the ordinance to recent protests related to Gaza. The Chamber of Commerce testified against the bill, citing unintended consequences.
• R-81 (Artificial Intelligence Policy): Three speakers commented. One warned about AI transparency and resource use (water consumption), another supported AI for anti-corruption, and a third expressed concerns about privacy.
• R-85 (Charter Review Task Force): One speaker asked how the community would be included in the task force selection process.

Discussion Items

• Administration Q&A: Councilors raised concerns about long wait times for trash can replacement (1-2 months behind) and a protest where an American flag was taken down and city property vandalized (8th and Central). APD explained their protest de-escalation procedures. Councilor Sanchez criticized the broken window repair grant process, citing the need for a police report and lack of follow-up. The administration acknowledged the issue and said they would work on improvements.
• EC-24-194 (Youth Development Inc. Contract): Councilor Rogers moved to defer the $500,000 contract to October 21, citing concerns that only $2,200 was allocated for youth stipends versus $328,000 for YDI salaries, and questioning the lack of detail on cognitive behavioral therapy costs. The deferral motion failed 3-6 (Baca, Fiebelkorn, Rogers for; Bassan, Champine, Grout, Lewis, Peña, Sanchez against). The contract was then approved 7-2 (Fiebelkorn and Rogers opposed). Supporters noted YDI's long history and the importance of starting services quickly.
• O-24-42 (Downtown Ordinances): Councilor Baca outlined the bill as a comprehensive approach to vacancies, dilapidation, and pedestrian safety. He introduced 12 amendments. After lengthy debate and multiple votes, the bill was amended to: (1) define vacancy based only on ground floor (Amendment 1, passed 5-3); (2) remove private cause of action (Amendment 4, passed 5-4); (3) remove residential properties from dilapidation ordinance (Amendment 6, passed 6-3); (4) strike prohibition of signs/banners and add exemptions for street performers and First Amendment activities (Amendment 7, passed 7-2); (5) require ACS outreach before issuing citations to unhoused individuals (Amendment 10, passed 6-3). Amendments to require 5-year vacancy (failed), strike government exemptions (failed), allocate fees to social services (failed), remove penalties for sitting/kneeling (failed), remove escalating penalties (failed), and strike Section 5 entirely (failed 4-5). The final amended bill failed 1-8 (only Baca in favor).
• O-24-25 (Charter Amendments – Disclosure, Elections, Campaign Finance): Councilor Baca presented as a cleanup bill from the City Clerk. An amendment was adopted (8-1) to exempt dependent children's income under $50,000 from disclosure. A technical CPI adjustment amendment passed unanimously. Councilor Peña then proposed amendments to change the public financing distribution to a flat $55,000 per district and to equalize qualifying contribution requirements. After discussion, the bill was postponed to October 21 (9-0) to allow further work on the equity issues.
• O-24-46 (Food Service Permit Fees): Councilor Champine introduced an amendment to define “micro business” as ≤7 employees (excluding seasonal). The amendment passed 7-1 (Sanchez opposed, Baca excused). The amended bill passed 7-1.
• R-80 (Children and Youth Action Plan): Councilor Peña presented the resolution directing the administration to create an action plan prioritizing youth. Passed unanimously (9-0).
• R-81 (Artificial Intelligence Policy): Councilor Fiebelkorn and Champine introduced a floor substitute that increased the appropriation from $40,000 to $50,000 for outreach. The substitute passed 8-1 (Bassan opposed). The bill was then postponed to October 21 (8-1).
• R-85 (Charter Review Task Force): Councilor Champine offered an amendment to create an 11-member task force (one member selected by each councilor, one at-large selected by the council to chair, and one appointed by the mayor). A motion to amend that amendment (having the 10 members select a chair) failed 4-5. The base amendment passed 8-1. Councilor Rogers’ amendment to require three public education sessions by the City Clerk before convening passed unanimously. The amended resolution passed 7-2 (Baca and Fiebelkorn opposed).

Key Outcomes

• EC-24-194 (YDI Contract): Approved 7-2 (Fiebelkorn, Rogers opposed).
• O-24-42 (Downtown Ordinances): Defeated 1-8 (Baca for; all others against).
• O-24-25 (Charter Amendments): Postponed to October 21, 2024 (9-0).
• O-24-46 (Food Service Fees): Approved as amended 7-1 (Sanchez opposed, Baca excused).
• R-80 (Children & Youth Action Plan): Approved unanimously (9-0).
• R-81 (AI Policy): Floor substitute adopted 8-1; then postponed to October 21 (8-1).
• R-85 (Charter Review Task Force): Approved as amended 7-2 (Baca, Fiebelkorn opposed).
• OC-24-21 (AGO Committee Appointment): Leah Armstrong confirmed 9-0.
• Other: The consent agenda including numerous contracts and appointments was approved. The executive session originally scheduled was postponed to October 21.