Albuquerque City Council Meeting - October 21, 2024

The Albuquerque City Council held its eighteenth meeting of the twenty-sixth council on Monday, October 21, 2024, at 5:00 PM in the Vincent E. Griego Chambers. The meeting covered a wide range of topics including executive session, proclamations, presentations, consent agenda items, appeals, final actions on ordinances and resolutions, and extensive public comment regarding a recent officer-involved shooting. The meeting adjourned at 10:22 PM.

Consent Calendar

• EC-24-231 (Automated Speed Enforcement Award) – Approved 9-0.
• EC-24-232 (Reappointment of Sonja Y. Brown to Personnel Board) – Confirmed 9-0.
• EC-24-233 (Appointment of Jill Riester to Personnel Board) – Confirmed 9-0.
• EC-24-235 (Appointment of Adam Silverman to Impact Fee Committee) – Confirmed 9-0.
• EC-24-236 (Appointment of Aaron Nieto to Housing & Neighborhood Economic Development Committee) – Confirmed 9-0.
• EC-24-237 (Appointment of Jennifer A. Facio Maddox to Housing & Neighborhood Economic Development Committee) – Confirmed 9-0.
• OC-24-22 (Intragovernmental Conference Committee Rules and Regulations) – Receipt noted 9-0.
• OC-24-24 (CPOAB Job Description Approval) – Receipt noted 9-0.
• R-24-92 (Transit Department 2024 Updated Public Transportation Agency Safety Plan) – Passed 9-0.
• Items EC-24-234 (FY24 Workforce Housing Trust Fund Report) and OC-24-23 (CPOAB Policies and Procedures) were pulled from consent and approved separately (see Discussion Items).

Proclamations & Presentations

• Rules Suspension: Councilor Peña moved to suspend rules to allow more than four proclamations per councilor per calendar year. Passed 9-0. A second suspension to allow three proclamations at one meeting also passed 9-0.
• Proclamation – National Disability Employment Awareness Month: Councilor Peña read the proclamation. Maisie Krillman (Independent Living Resource Center) and Christopher Love noted statistics: 68.3% of individuals without disabilities are in the workforce vs. 23.9% for those with disabilities; 8% turnover for employees with disabilities vs. 45% for those without. Councilor Peña urged the administration to hire more people with disabilities.
• Proclamation – Pedestrian Safety Month: Councilor Rogers read the proclamation. A city representative noted that Albuquerque is the second most dangerous city for pedestrians (behind Memphis). Vision Zero projects were highlighted.
• Proclamation – Domestic Violence Awareness Month: Councilor Peña read the proclamation. Theresa Garcia (Chair of Domestic Violence and Sexual Assault Commission) and others spoke about the impact. Statistics: 1 in 4 women, 1 in 9 men experience severe intimate partner violence; over 4 in 5 American Indian women; 21-55% of Asian women.
• Presentation – Route 66 Centennial: Dr. Shell Sanchez (Director of Arts and Culture) presented updates on logo branding, augmented reality sites along Route 66, and business sign revamps. A website will be live by end of 2024.

Public Comments & Testimony

• General Public Comments: Over 20 speakers addressed the council, the vast majority regarding the October 18, 2024 officer-involved shooting that resulted in the death of Matthew Solo Garcia at the Tio Wah Lodge. Speakers demanded release of all body camera footage, firing of involved officers, and expressed distrust in APD. Several family members of Mr. Garcia gave emotional testimony stating he was handcuffed when shot. Other speakers raised concerns about police violence, lack of accountability, and the need for community investment instead of policing. Two speakers also commented on neighborhood development issues.
• Quasi-Judicial Hearings (O-24-38, O-24-48): No public speakers for O-24-38. For O-24-48 (Fairview Cemetery), board members spoke in support of the landmark designation.
• R-24-81 (AI Policy): Three public speakers spoke in support.

Discussion Items

• EC-24-234 (FY24 Workforce Housing Trust Fund Report): Councilor Grout asked whether long-term impact analysis exists. Joseph Montoya (administration) said no formal analysis, but annual reports include unit counts. He confirmed funds can be used for rehabilitation. Motion to receive noted passed 9-0.
• OC-24-23 (CPOAB Policies and Procedures): Councilor Bassan praised the document as well-crafted and urged similar standards for city employees. Motion to receive noted passed 9-0.
• Administration Q&A: Extensive questioning on the October 18 officer-involved shooting:
  • Chief Medina confirmed joint operation with code enforcement at property owner's request. He stated protocols were missed regarding searching the individual before placing him in the patrol car. He asked for patience for investigation and said victim advocates will reach out to family within 24 hours. He defended the social media team's response to misinformation.
  • Director Varella confirmed Tio Wah Lodge is substandard and not suitable for habitation. He said two parties remained as of the meeting, working with ACS for shelter. He denied that people's belongings were removed, but acknowledged animals were temporarily removed for safety and returned that night.
  • Councilor Sanchez questioned the quality of officer training and hiring. The Chief Administrative Officer responded that leadership is responsible for training.
• Other Q&A (Councilor Grout with Director Varella): Discussion on housing data limitations, electrical inspector shortages (4-5 out of 10 positions filled), and how IDO height and parking restrictions affect housing supply. Director Varella agreed that slow permitting and inspections are major hurdles.
• Appeals (AC-24-18 and AC-24-19): Land Use Hearing Officer (LUHO) recommended denying appeals of EPC approvals for a zone change and site plan amendment for a 48-bed acute care rehabilitation hospital at 1100 Woodward Pl NE. The council accepted the LUHO recommendation unanimously (9-0) on both appeals.

Key Outcomes

• O-24-25 (Charter Amendments – Disclosure, Elections, Public Campaign Financing): Passed 7-2 (Councilors Champine and Sanchez opposed).
• O-24-38 (Designation of Aldo Leopold House as City Landmark): Passed unanimously 9-0.
• O-24-39 (Apprenticeship Empowerment Ordinance): Floor substitute approved 6-3 (Councilors Bassan, Lewis, Sanchez opposed). Ordinance then postponed to November 4, 2024 on a 8-1 vote (Bassan opposed).
• O-24-48 (Designation of Historic Fairview Cemetery as City Landmark): Passed unanimously 9-0.
• R-24-81 (Artificial Intelligence Policy Working Group): Passed 7-2 (Councilors Bassan and Grout opposed). $50,000 appropriated from general fund.
• EC-24-253 (Veto Override of R-24-85 – Charter Review Task Force): Motion to override failed 5-4 (Councilors Baca, Fiebelkorn, Peña, Rogers voted against; Bassan, Champine, Grout, Lewis, Sanchez voted for). Mayor's veto stands.
• Executive Session: Motion to enter executive session (attorney-client privilege re: threatened or pending litigation) passed 8-0 (Lewis excused). Vice-President Grout affirmed discussion limited to specified matters.