City of Albuquerque City Council met Sept. 20

City of Albuquerque City Council met Sept. 20.

Here are the minutes provided by the council:

1. ROLL CALL

Present 9 - Brook Bassan, Isaac Benton, Cynthia Borrego, Patrick Davis, Diane Gibson, Don Harris, Trudy Jones, Klarissa Peña, and Lan Sena

2. MOMENT OF SILENCE

Pledge of Allegiance in English and Spanish and any other language as determined by the Council

3. PROCLAMATIONS & PRESENTATIONS

4. ECONOMIC DEVELOPMENT DISCUSSION

5. ADMINISTRATION QUESTION & ANSWER PERIOD

6. APPROVAL OF JOURNAL

September 8, 2021

7. COMMUNICATIONS AND INTRODUCTIONS

8. REPORTS OF COMMITTEES

Land Use, Planning and Zoning Committee - September 15, 2021

Deferrals/Withdrawals

a. O-21-50 Amending Chapter 2, Article 11, Of The Revised Ordinances Of Albuquerque, The “City Budget Ordinance” Relating To The Preparation And Adoption Of The Annual Operating Budget Of The City (Davis, Benton)

A motion was made by Councilor Davis that this matter be Postponed to October 18, 2021. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

e. O-21-69 Enacting The Albuquerque Automated Speed Enforcement Ordinance To Monitor The Speed Of Travel And Enforce The Speed Limit Through Speed Enforcement Cameras (Peña, Sena, Bassan, Benton)

A motion was made by Councilor Bassan that this matter be Postponed to October 4, 2021. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

9. CONSENT AGENDA: {Items may be removed at the request of any Councilor}

a. EC-21-418 Mayor's appointment of Mr. Talal Saint-Lot to the Metropolitan Parks & Recreation Advisory Board

A motion was made by Vice-President Gibson that this matter be Confirmed.

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

b. EC-21-419 Mayor's appointment of Mrs. Catherine Nicolaou to the Information Services Committee

A motion was made by Vice-President Gibson that this matter be Confirmed.

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

c. EC-21-420 Mayor's re-appointment of Mr. Donald G. Meaders to the Open Space Advisory Board

A motion was made by Vice-President Gibson that this matter be Confirmed.

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

d. EC-21-421 Mayor's appointment of Mr. Jeffrey Blair to the Para Transit Advisory Board

A motion was made by Vice-President Gibson that this matter be Confirmed.

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

e. EC-21-422 Mayor's appointment of Mr. John Garrity to the Urban Enhancement Trust Fund

City of Albuquerque Page 2

City Council Action Summary September 20, 2021

A motion was made by Vice-President Gibson that this matter be Confirmed.

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

f. EC-21-423 Mayor's appointment of Dr. Deb Thrall to the Municipal Golf Advisory Board

A motion was made by Vice-President Gibson that this matter be Confirmed.

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

g. EC-21-427 Mayor's appointment of Ms. Lily Hofstra to the Early Head Start Program Governance Advisory Committee

A motion was made by Vice-President Gibson that this matter be Confirmed.

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

h. EC-21-429 Eastman Avenue and Hawking Drive Right of Way Vacation - Project# PR-2020-004138 SD-2021-00104 Netflix Studios, LLC requests Vacation of Public Right-of-Way Amended for all or a portion of Eastman Avenue and Hawking Drive located east of University Boulevard and north of Stryker Road containing approximately 10.9 acres

A motion was made by Vice-President Gibson that this matter be Approved.

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

i. EC-21-430 Mayor’s Recommendation of On-Call Engineering for the Albuquerque International Sunport and the Double Eagle II Airport

A motion was made by Vice-President Gibson that this matter be Approved.

The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

10. GENERAL PUBLIC COMMENTS

11. ANNOUNCEMENTS

12. PUBLIC HEARINGS: {Appeals, SAD Protest Hearings}

a. AC-21-9 Project-2020-004657, VA-2020-00379, VA-2021-00147: Nob Hill Neighborhood Association, appeals the Zoning Hearing Examiners decision to approve a variance of 3 feet to the 3 foot maximum wall height for Lot 1, Block 39, University Heights, located at 202 Richmond DR SE, zoned MX-T [Section 14-16-5-7-D]

A motion was made by Councilor Davis To Accept the Land Use Hearing Officer Recommendation and Findings in part and Reject in part. The motion failed by the following vote:

For: 3 - Benton, Davis, and Sena

Against: 6 - Bassan, Borrego, Gibson, Harris, Jones, and Peña

A motion was made by Councilor Bassan To Deny the appeal and Accept the Land Use Hearing Officer Recommendation and Findings. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Gibson, Harris, Jones, Peña, and Sena

Against: 1 - Davis

b. AC-21-11 Project-2021-005392, VA-2021-00112: Dolores Morales, agent for Janet Fuentes, appeals the Zoning Hearing Examiners decision to deny a variance for a 6 foot wall for Lot 1, Block B, Torreon Addn Anderson & Thaxton Replat, located at 700 Gibson BLVD SE, zoned NR-C [Section

14-16-5-7(D)]

A motion was made by President Borrego To Accept the Land Use Hearing Officer Recommendation and Findings. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

13. APPROVALS: {Contracts, Agreements, and Appointments}

a. EC-21-426 Mayor’s Recommendation of Award to Guidehouse Inc. for “ARPA Fund Management Services”

A motion was made by President Borrego that this matter be Approved. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

14. FINAL ACTIONS

b. O-21-67 Amending Sections 7-2-1-2, Of The Transit System Ordinance To Provide For A Zero Fare Pilot Project And Creating A New Section 7-2-1-3 (Davis, Sena, Peña, Benton)

A motion was made by Councilor Sena that this matter be Amended. Councilor Sena moved Amendment No. 1. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

A motion was made by Councilor Sena that this matter be Passed as Amended.

The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

c. R-21-173 Amending Resolution-21-148, Establishing One-Year Objectives For The City Of Albuquerque In Fiscal Year 2022; To Include A Zero Fare Transit Pilot Objective To Meet Five-Year Goals (Davis, Sena, Peña, Benton)

A motion was made by Councilor Sena that this matter be Amended. Councilor Sena moved Amendment No. 1. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

A motion was made by Councilor Sena that this matter be Passed as Amended.

The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

d. R-21-178 Amending The City Operating Budget Language To Clarify The Intent Of The City Council To Implement A Comprehensive Zero Fare Pilot (Sena, Peña, Davis)

A motion was made by Councilor Sena that this matter be Amended. Councilor Sena moved Amendment No. 1. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

A motion was made by Councilor Sena that this matter be Passed as Amended.

The motion carried by the following vote:

For: 7 - Bassan, Benton, Borrego, Davis, Gibson, Jones, and Sena

Excused: 2 - Harris, and Peña

g. M-21-10 Reaffirming The City Of Albuquerque’s Commitment To Decrease Crime, And Recidivism, And Advocating Criminal Justice Reform In Metro Albuquerque And Bernalillo County (Borrego)

A motion was made by President Borrego that this matter be Withdrawn. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

h. M-21-11 F/S The City Of Albuquerque Reaffirms Its Strong Commitment To End The Drivers Of Crime, Including Criminal Firearm Use And Recidivism (Borrego)

A motion was made by President Borrego that this matter be Substituted. The motion carried by the following vote:

For: 7 - Bassan, Benton, Borrego, Davis, Gibson, Jones, and Sena

Excused: 2 - Harris, and Peña

A motion was made by President Borrego that this matter be Postponed as Substituted to October 4, 2021. The motion carried by the following vote:

For: 7 - Bassan, Benton, Borrego, Davis, Gibson, Jones, and Sena

Excused: 2 - Harris, and Peña

i. R-21-195 Directing That The Civilian Police Oversight Agency Provide A Training Compliance Report For Members Of The Civilian Police Oversight Agency Board With Respect To The Training Requirements Under The Court Approved Settlement Agreement With The United States Department Of Justice, And The Civilian Police Oversight Ordinance (Borrego)

A motion was made by President Borrego that this matter be Postponed to October 4, 2021. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

And Services Offered By The Office Of Neighborhood Coordination; And Making Revisions To The Integrated Development Ordinance Related To Neighborhood Association Notice (Benton)

A motion was made by Councilor Davis that this matter be Amended. Councilor Davis moved Amendment No. 1. The motion carried by the following vote:

For: 8 - Bassan, Benton, Borrego, Davis, Gibson, Jones, Peña, and Sena

Excused: 1 - Harris

A motion was made by Councilor Davis that this matter be Amended. Councilor Davis moved Amendment No. 2. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Sena that this matter be Amended. Councilor Sena moved Amendment No. 3. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Sena that this matter be Amended. Councilor Sena moved Amendment No. 4. The motion carried by the following vote:

For: 6 - Bassan, Borrego, Davis, Harris, Peña, and Sena

Against: 3 - Benton, Gibson, and Jones

A motion was made by Councilor Peña that this matter be Amended. Councilor Peña moved Amendment No. 5. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Peña that this matter be Amended. Councilor Peña moved Amendment No. 6. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Peña that this matter be Amended. Councilor Peña moved Amendment No. 7. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Bassan that this matter be Amended.

Councilor Bassan moved Amendment No. 8. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Bassan that this matter be Amended.

Councilor Bassan moved Amendment No. 9. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Bassan that this matter be Amended.

Councilor Bassan moved Amendment No. 10. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Bassan that this matter be Amended.

Councilor Bassan moved Amendment No. 11. Councilor Bassan withdrew her motion.

A motion was made by Councilor Bassan that this matter be Amended.

Councilor Bassan moved Amendment No. 12. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by President Borrego that this matter be Amended. President Borrego moved Amendment No. 13. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Benton that this matter be Postponed as Amended to October 18, 2021. The motion failed by the following vote:

For: 4 - Benton, Davis, Gibson, and Jones

Against: 5 - Bassan, Borrego, Harris, Peña, and Sena

A motion was made by Councilor Benton that this matter be Passed as Amended. The motion carried by the following vote:

For: 5 - Benton, Davis, Gibson, Harris, and Jones

Against: 4 - Bassan, Borrego, Peña, and Sena

A motion was made by Councilor Harris for Reconsideration of O-21-71. The motion carried by the following vote:

For: 5 - Bassan, Borrego, Harris, Peña, and Sena

Against: 4 - Benton, Davis, Gibson, and Jones

f. O-21-71 Repealing “The Neighborhood Association Recognition Ordinance” Section 14-18-2 And Replacing It With A Revised Neighborhood Association Recognition Ordinance; And Prescribing Responsibilities And Services Offered By The Office Of Neighborhood Coordination; And Making Revisions To The Integrated Development Ordinance Related To Neighborhood Association Notice (Benton)

A motion was made by Councilor Davis that this matter be Postponed to November 15, 2021. The motion failed by the following vote:

For: 4 - Benton, Davis, Gibson, and Jones

Against: 5 - Bassan, Borrego, Harris, Peña, and Sena

A motion was made by Councilor Benton that this matter be Passed as Amended. The motion failed by the following vote:

For: 4 - Benton, Davis, Gibson, and Jones

Against: 5 - Bassan, Borrego, Harris, Peña, and Sena

*j. R-21-191 Requiring The City Of Albuquerque To Initiate A Community Benefits Agreement With Representatives And/Or Residents Of The Neighborhood(s) Directly Impacted By Any New Soccer Stadium, And The United Soccer Franchise (Or Relevant Named Tenant) Before A Zone Change Application Is Submitted (Benton)

A motion was made by Councilor Benton that this matter be Amended.

Councilor Benton moved Amendment. No. 1. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

A motion was made by Councilor Benton that this matter be Passed as Amended. The motion carried by the following vote:

For: 9 - Bassan, Benton, Borrego, Davis, Gibson, Harris, Jones, Peña, and Sena

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