Albuquerque City Council Meeting – December 16, 2024

The Albuquerque City Council held its 22nd meeting of the 26th Council on Monday, December 16, 2024, from 5:00 PM to 1:41 AM the following day. All nine councilors were present. The agenda featured more than 30 items, including a housing needs assessment, two tax increment financing (TIFF) resolutions, a retail concessions award for the Sunport, and several controversial ordinances related to homelessness, parks, and shopping carts. Over 160 members of the public signed up to speak, with public comment lasting several hours. The meeting required multiple extensions of the rules to continue past midnight.

Consent Calendar

• EC-24-241 – Approved architectural consultants for Sunport pre-security fire protection (9-0).
• EC-24-243 – Approved public artwork appropriation for Sunport terminal renovation (9-0).
• EC-24-246 – Approved social service agreement with Sierra Health Care for senior case management at Gateway West (9-0).
• EC-24-248, EC-24-249 – Postponed two Small Business Regulatory Committee appointments to January 6, 2025 (9-0 each).
• EC-24-261, EC-24-264, EC-24-265 – Confirmed appointments to Affordable Housing Committee, Active Transportation Committee, and Senior Affairs Advisory Council (9-0 each).
• EC-24-266 – Noted receipt of Legal Department’s Quarterly Litigation Report (9-0).
• EC-24-267 – Approved Coronado Park Alleyway right‑of‑way vacation (9-0).
• EC-24-268 – Noted receipt of FY25 Q1 IPRA Backlog Reduction Plan Report (9-0).
• EC-24-269 – Approved third supplemental agreement with Holland & Hart for outside counsel (9-0).
• EC-24-270 – Noted receipt of Age‑Friendly Quarterly Update (9-0).
• EC-24-271 – Approved Explora Operating and Facility Lease Agreement 2025‑2030 (9-0).
• EC-24-273, EC-24-274, EC-24-275 – Confirmed appointments to Impact Fee Committee, Active Transportation Committee, and Veterans & Military Affairs Board (9-0 each).
• EC-24-277 – Noted receipt of 2025 Administration Federal Requests (9-0).
• OC-24-28 – Noted receipt of City Council Legislative Program for 119th Congress (9-0).
• O-23-96 – Died on expiration (9-0).
• O-24-55 – Passed amending Chapter 2, Article 12 for ICIP procedures (9-0).
• R-24-12 – Postponed to February 3, 2025 (9-0).
• R-24-96 – Passed amending Capital Implementation Program (9-0).
• R-24-97 – Passed accepting FEMA grant for FY25‑FY27 (9-0).
• R-24-98 – Passed accepting 2022 GO Bonds for public libraries (9-0).
• R-24-101 – Passed accepting COPS Office grant for APD (9-0).
• R-24-104 – Passed accepting Bernalillo County grant for Sawmill Community Land Trust (9-0).
• R-24-107 – Passed accepting NRDC grant for General Services (9-0).

Public Comments & Testimony

• General Public Comment (approx. 11:30 PM): Dozens of speakers addressed multiple bills. Many expressed opposition to ordinances 56, 57, and 58 (parks, shopping carts, public camping), arguing they criminalize homelessness. Others supported the ordinances, citing safety concerns at parks and public spaces. Several speakers urged the council to prioritize housing solutions and zoning reform. One speaker called for accountability regarding police chief and homeless policies. A resident of Albuquerque Meadows (mobile home park) spoke in favor of O‑24‑52 (Manufactured Home Community Stability and Empowerment Ordinance), citing rent increases by out‑of‑state owner.
• Housing Needs Assessment (OC‑24‑27): No public speakers signed up; the item was acknowledged without testimony.
• TIFF Resolutions (R‑24‑102, R‑24‑103): Seven speakers expressed support, highlighting no new taxes and reinvestment in downtown.
• Sunport Retail Concessions (EC‑24‑247): Approximately 20 speakers, split between supporters of the Marshall Retail Group (MRG) and opponents advocating for the Hudson Group. MRG supporters emphasized local partnerships and investment; Hudson supporters alleged a flawed procurement process.
• Other bills: Additional comments on O‑24‑52 (mobile homes), O‑24‑56 (parks), O‑24‑57 (shopping carts), O‑24‑58 (public camping), and O‑24‑59 (cooling systems) during respective bill discussions.

Discussion Items

• OC‑24‑27 – Housing Needs Assessment: Presented by planning staff. The report is regional, covering Albuquerque, Bernalillo County, and nearby communities. Key findings: over 30,000 housing units needed; over 80% of the population cannot afford a median‑priced home; about 20,000 units needed for lower‑income levels. Councilor Fiebelkorn moved receipt be noted. Passed 9‑0.
• EC‑24‑256 – Lease Agreement for 501 Tijeras NW: Pulled from consent. Discussion focused on costs for moving departments, renovations, and space for CPOA (Civilian Police Oversight Agency). Administration assured full space needs accommodated. Approved 9‑0.
• R‑24‑100 – Affordable Housing as Citywide Priority for State Legislature: Initially tabled by a 9‑0 vote. Later removed from table (8‑0, Baca excused). Amended to include equity criteria and federal anti‑clustering guidelines. Passed as amended 7‑1 (Bassan opposed, Baca excused).
• R‑24‑102/103 – TIFF for Downtown and West Central: Extensive debate over governance, spending thresholds, and county participation. Eight to nine amendments per bill. Key amendments included: (1) requiring MRA to propose a governance structure within nine months, (2) creating an oversight board with quarterly reports, (3) requiring council approval for projects over $100,000, (4) adding northernmost parcel of Railroad MRA, (5) conditioning approval on county participation (failed on R‑103), (6) various technical changes. Final passages: R‑102 as amended 9‑0; R‑103 as amended 9‑0.
• EC‑24‑247 – Sunport Retail Concessions: Administration explained that after a flawed post‑award process (initial award to MRG, then cancellation, then reinstatement), the recommendation to approve MRG was made. City attorney stated the original RFP process was fair. Councilor Peña moved to send back to RFP, but that motion failed. Approved 8‑1 (Peña opposed).
• O‑24‑52 – Manufactured Home Community Stability and Empowerment Ordinance: Requires notice to residents when park is for sale and opportunity to organize a purchase. Amended to remove requirement that owner provide written reason for rejecting resident offer. Also added definition of resident‑owned community (ROC). Passed unanimously 9‑0.
• O‑24‑54 – Automated Parking Enforcement: Part of downtown renaissance bill. Passed 7‑1 (Sanchez opposed, Lewis excused).
• O‑24‑56 – Parks Ordinance Amendment (Floor Substitute): Introduced by Councilor Grout. Changes: removed 50‑foot adult buffer from playgrounds; defined camping; allowed overnight camping for organized youth groups; permitted food trucks and limited advertising; clarified reptile hunting; prohibited shopping carts. Multiple amendments considered: (1) deleted “apparent intent” language (passed), (2) allowed only parks director (not mayor) to sign off on youth camping (passed), (3) added definition of abandoned shopping cart and struck parking areas (failed 4‑5), (4) removed “wrongful use of playground equipment” section (failed 5‑4), (5) clarified informal vending permits (passed), (6) exempted service animals per ADA (passed). Rules suspended to adopt same evening. Passed as substituted and amended 6‑3 (Fiebelkorn, Peña, Rogers opposed).
• O‑24‑57 – Shopping Cart Abandonment Prevention: Heavily amended. Councilor Fiebelkorn’s amendments: added 8‑hour unattended definition (passed), removed criminalization of possession of cart (failed 4‑5), moved enforcement from Planning to Solid Waste (passed). Councilor Bassan’s amendments: removed fees to cart owners (passed), removed requirement for cart identification and prevention plan (passed), removed requirement for business prevention plan (passed). After all amendments, Councilor Grout withdrew the bill, which council voted to withdraw unanimously.
• O‑24‑58 – Public Camping Ordinance: Makes it a petty misdemeanor to camp on public property without a permit. Councilor Fiebelkorn’s amendment to remove “apparent intent” language passed 9‑0. City attorney stated the ordinance clarifies existing law to aid enforcement. Debate on whether it criminalizes homelessness. Passed as amended 5‑4 (Baca, Fiebelkorn, Peña, Rogers opposed).
• O‑24‑59 – Cooling Systems Requirement: Amends Uniform Housing Code to require acceptable cooling facilities (window units, mini‑splits, swamp coolers, central AC). Councilor Baca’s amendment defined acceptable cooling and excluded temporary portable devices (passed 6‑3). Councilor Fiebelkorn’s amendment allowed temporary cooling during repairs (passed 8‑1). Another amendment requiring compliance with mechanical code failed 3‑6. Councilor Fiebelkorn’s amendment to limit to rental properties only failed 2‑7. Passed as amended 5‑4 (Champine, Grout, Sanchez, Lewis opposed).
• O‑24‑60 – Business Registration to Licensing: Replaces registration with licensing, sets flat $35 fee. Administration supported. Passed 7‑2 (Champine, Lewis opposed).
• R‑24‑94 – Bikeway and Trail Facilities Plan (2024): Adopts updated plan, replaces 2015 plan. Passed unanimously 9‑0.
• R‑24‑108 – Grant Acceptance for Gateway Recovery Village: Accepts county and state funds for pallet village. Passed unanimously 9‑0.

Key Outcomes

• Housing Needs Assessment: Noted and filed (OC‑24‑27).
• TIFF for Downtown and West Central: Two resolutions passed as amended (R‑24‑102, R‑24‑103), enabling gross receipts and property tax increment financing with governance oversight and council approval thresholds.
• Affordable Housing State Priority: Resolution approved (R‑24‑100) with equity criteria; sets citywide legislative priority.
• Sunport Retail Concessions: Award to Marshall Retail Group approved (EC‑24‑247).
• Manufactured Home Community Stability: Ordinance passed (O‑24‑52) providing notice and right of first refusal process for residents.
• Automated Parking Enforcement: Passed (O‑24‑54).
• Parks Ordinance: Broad amendment passed (O‑24‑56) restricting overnight camping, shopping carts, and defining park uses with new exemptions.
• Shopping Cart Ordinance: Withdrawn (O‑24‑57) after amendments removed business-related provisions.
• Public Camping Ban: Passed (O‑24‑58) criminalizing camping on public property.
• Cooling Systems Requirement: Passed (O‑24‑59) requiring landlords to provide acceptable cooling.
• Business Licensing: Passed (O‑24‑60) with flat $35 fee.
• Bikeway Plan: Adopted (R‑24‑94).
• Gateway Recovery Grant: Accepted (R‑24‑108).
• Meeting Extended Multiple Times: Rules suspended to extend meeting to 11:30 PM, then 1:30 AM, then 2:30 AM to complete agenda.