New Mexico has been struggling for decades to diversify its economy, wean itself off of federal government spending and reducing its heavy reliance on the oil and gas industry where the state gets nearly 40% of its revenue from. When the oil and gas industry booms, New Mexico becomes flush with money and when it busts, the state revenues plummet causing financial crisis.

With $3.7 billion In Federal Infrastructure Investments and Jobs Act Funding, the allocation of $478 million in federal pandemic aid out of $1.1 Billion in pandemic relief and the $1.6 billion of projected windfall from oil an gas revenues, the state’ s decades long financial woes may finally be coming to an end.  Notwithstanding, the state is still too reliant on oil and gas revenues. For that reason, the next 4 years of government expenditure of billions may prove to be a once in a lifetime opportunity to diversify the state’s economy.

This blog article is an in-depth analysis on diversifying New Mexico’s economy over the next four years concentrating on the 10 industries that could accomplish that goal.

INDUSTRIES TO WATCH

There are 10 sectors or industries that have been that have the best shot at diversifying New Mexico’s economy. Those industries are:

Film & Television

Aerospace

Sustainable Energy

Intelligent Manufacturing

Cyber-Security

Outdoor Recreation

Value Added Agriculture

Global Trade

Bio-Sciences

Sustainable Energy

Intelligent Manufacturing

Recreational Cannabis And Hemp Industries

During the last 3 years, some significant progress has been made by the State in diversifying New Mexico’s economy in 7 of the 9 areas targeted by the state for economic development. The setbacks and the progress in those areas are worth noting:

FILM & TELEVISION

On July 29, it was reported that the New Mexico Film Office announced that 2022 has been a record setting year for TV shows and movies shot in New Mexico.  The film office also and it expects those numbers to keep going up, even as other states are beginning to offer the same type of incentives that New Mexico offers.  According the film office, the industry brought in $855 million this year.   This is a whopping increase of $228.9 million over fiscal year 2021.  This year alone, big productions like AMC’s “Better Call Saul,” Netflix’s “Stranger Things” and Focus Film “Vengeance” were all shot in New Mexico.  A record 109 different productions brought in a record total of $855 million of spending.

New Mexico’s film incentives is one of the major reasons for the increase. The state’s tax incentives include a 25% to 35% production tax credit for film, TV, commercials, documentaries, music videos, video games, animation, postproduction and more.

As New Mexico brings in more revenue from the film industry, 2 other states are trying to do the same.  Oklahoma passed a $30 million tax incentive to any films shot in their state and Arizona’s film incentives come in higher than New Mexico’s with a $125 million cap.  But offering tax incentives is not the only key to success.  The state’s film incentive is highly competitive, but it also hinges on hiring New Mexico residents and sourcing from New Mexico businesses.  A big asset for the state is the availability of a  highly skilled crew base.

https://www.kob.com/new-mexico/new-mexico-film-industry-sees-record-breaking-855m-in-spending/#:~:text=A%20record%20109%20different%20productions,a%20piece%20of%20the%20pie.

Governor Grisham had this to say:

“Another record year for film and television industry spending makes it as clear as ever that New Mexico is the place to be for film and TV [productions].  It’s no surprise that New Mexico cities continue to top the list of the best places to be a filmmaker — New Mexico is the place to be for film and TV. … Our work to support and expand New Mexico’s film infrastructure continues to yield real results: a booming industry that provides countless jobs and economic opportunity in communities across the state. Filmmakers take note — New Mexico wants you!”

Economic Development Department Secretary Alicia J. Keyes had this to say:

“New Mexico is now front and center for film and television production and that means jobs, private sector investment, job training, and economic growth for communities and small businesses across the entire state. ”

According to the State’s Economic Development Department, the most recent data also shows a record 22% increase of the number of industry worker hours in New Mexico from Fiscal Year 21 and a new high of 109 for total productions filmed in the state consisting of 55 film productions and 54 television productions.

For the last decade, Albuquerque and Santa Fe have been named by MovieMaker as top cities for film professionals to live and work. Albuquerque has held the No. 1 ranking for big cities for 4 consecutive years while Santa Fe has been in the top 5 for small cities and towns during the last decade.

FILM INCENTIVE CREDITS

In was in 2019 that Governor Lujan Grisham signed into law legislation that funded and  gave tax incentives to companies to collaborate with the state through partnership agreements.  The 2019 legislation raised  the 2011 cap on what the state could pay out to film and TV productions from $50 million to $110 million per year.  It also authorizing the spending of up to $225 million to pay down an accumulated backlog in film incentives.

The 2   biggest partnerships with a 10-year plan are with Netflix and NBC Universal. Both companies are required to work with the state to develop and strengthen workforce development and job training in order to get the film tax credits.

NETFLEX, NBCUNIVERSAL AND 828 PRODUCTIONS

Since the enactment of the film tax credits, Netflex and NBCUniversal have announce major projects and investment in the state.  Netflix announced a 300-acre expansion in the state with a commitment to spend another $1 billion over 10 years, doubling the company’s original commitment to the state.

NBCUniversal also opened a production facility in Albuquerque with a commitment to $500 million in direct production spending over the next 10 years and 330 full-time-equivalent jobs.

Bottom of Form

According to the New Mexico Department of Tax and Revenue, of the $100 million cap, the state has paid out $47.1 million.

828 PRODUCTIONS

On August 13, Governor Michelle Lujan Grisham announced that California-based 828 Productions is relocating  its headquarters to Las Cruces joining Netflix and NBCUniversal as film partners within the state.  828 Productions plans to invest $75 million to build a 300,000-square-foot studio and 20-acre back lot over the next six years, creating at least 100 high-paying jobs in Las Cruces.  828 Productions has purchased a 7,500-square-foot office building in downtown Las Cruces.  It will be used for training, post-production and visual effects work. It is also hiring for key positions.

828 Productions is a full-service film finance and production company.  Bottom of Form

828 Productions has finalized negotiations on an additional 35 acres of land in downtown Las Cruces, with existing structures that will provide soundstage and set construction space. The film company intends to shoot its first production in the new Las Cruces Studio before the end of 2022 and plans to spend $350 million on productions over the next decade.

The state will be giving $3 million to 828 Productions from the Local Economic Development Act (LEDA) job creation fund when the company meets its job target of at least 100 full-time year-round employees.  Las Cruces for its part is considering allocating $897,000 in local LEDA funding through capital appropriations.   Up to $2.8 million has been set aside by Las Cruces City Council specifically for cinematic infrastructure.  The funding is contingent upon the City Council approving and finalization of a project participation agreement. If approved, the city of Las Cruces would be the fiscal agent for the economic assistance.  Las Cruces has had a major bump in productions due to the rural uplift credit.

From July 2021 through May 2022, the area had 23 projects with a total of $7.9 million that went back into the local economy. In the previous fiscal year, there were nine productions. The number of productions matches the number of fiscal year 2019 for the Las Cruces area.

Governor Lujan Grisham had this to say about 828 Productions moving to New Mexico:

“New Mexico is seeing a record number of productions from the film and television industry and all-time high spending, and it’s no accident. …  Not only are we investing in studios like 828 Productions, we are expanding industry workforce training with a new film school in Albuquerque and Las Cruces.”

 Economic Development Department secretary Alicia J. Keyes had this to say:

“828 Studios chose Las Cruces because of Gov. Lujan Grisham’s commitment to film and television job growth. … This is an industry that is highly mobile and can locate anywhere. They are coming to Las Cruces to create jobs here because we have put in place forward-thinking investments that are helping this industry thrive.”

State senator and Film Las Cruces co-founder and president Jeff Steinborn, had this to say:

“We’re thrilled to have 828 Productions making this investment in our community to create a full-service film production studio and backlot. … 828 Studios will help elevate Las Cruces as one of the top film production hotspots in New Mexico and the United States, and showcase our excellent film incentives, diverse locations, talented crew, and rich Southwestern culture.”

Todd Lundbohm, founder and CEO of 828 Productions, had this to say about his company’s move to Las Cruces:

“We were looking for a home for 828 Studios and fell in love with Las Cruces. … This is a town on the rise, with a wealth of opportunity just waiting to be tapped into. At 828, we’re passionate about story and film as an art form, but we’re equally passionate about creating a studio environment that inspires positivity behind the scenes as well. For us, it’s about putting down roots, and New Mexico, specifically Las Cruces, gives us the ideal place to do that.”

The link to quoted news source material is here

https://www.abqjournal.com/2525116/third-new-mexico-film-partner-to-be-based-in-las-cruces.html

RURAL UPLIFT CREDIT

In 2019, the state enacted the “rural uplift” credit.  The rural uplift credit gives a production a 5% incentive to film at least 60 miles outside of the Bernalillo and Santa Fe County corridor.  The result of the credit has been dramatic.

Rural communities in the state saw a 660% increase in direct spending from the industry, up from $6.5 million in fiscal year 2021 to nearly $50 million in fiscal year 2022.

The rural uplift credit enacted by the legislature in 2019 gives a production company  a 5% incentive to film at least 60 miles outside of the Bernalillo and Santa Fe County corridor. The state’s tax incentives include a 25% to 35% production tax credit for film, TV, commercials, documentaries, music videos, video games, animation, post-production and more.

Las Cruces especially saw a major bump in productions due to the rural uplift credit. From July 2021 through May 2022, the Las Cruces area had 23 production projects in the Las Cruces area that resulted in a direct spend of $7.9 million into the local economy. In the previous fiscal year, there were 9 productions.

Jonathon Sepp, the film liaison with Film Las Cruces, had this to say:

“The additional 5% bump from the rural uplift credit has been an integral component to attracting productions to the Las Cruces area and has become a staple in our marketing efforts. … With the success of the rural uplift, Film Las Cruces has been able to attract more productions to our region than ever before.”

Amber Dodson, New Mexico Film Office director, said with the number of successful shows and films, the state has established itself as being film friendly and a place for skilled crews.  Dodson had this to say:

“The Film Office continues to tout New Mexico, not only as a diverse and forward-thinking state, but a place where memorable, award-winning productions can call home over many seasons”

Links to related and quoted news source material are  here:

https://www.abqjournal.com/2516159/nm-film-industry-sets-record.html

https://www.abqjournal.com/2464269/abq-named-no-1-for-moviemakers-for-fourth-year-in-a-row.html

20 YEARS OF FILM AND TELEVISION INDUSTRY GROWTH

Over the last 20 years, the film and television industry has steadily grown and been one of the few bright spots for the state, especially during the great recession, when it comes to economic development and diversifying the state’s economy which is very dependent on federal spending.

The New Mexico Film Office reports that in in 2003 the industry had direct spending in New Mexico was $7 million. In fiscal year 2019, direct spending reached a record high of $525.5 million. According to state estimates, Netflix will generate an estimated $344 million in taxes to the state, local school districts, and other local governments.

It was in 2019 that the film industry began to seriously emerge to be one of the biggest hopes for Albuquerque and New Mexico to diversify both the city and states economies. The unmistakable evidence was the immense investment in the city and state by NBC Universal and the Netflix purchase of Albuquerque studios as the site of a new production hub. Both announced NBC and Netflix announced opening film production facilities in Albuquerque.

It was on June 24, the Lujan Grisham Administration announced that the New Mexico film industry has brought in $623 million in what is known as a “direct spend” with one week left to go in the fiscal year. The film industry broke the record of $525.5 million set in fiscal year 2019. In fiscal year 2020, the film industry had a direct spend of $386.8 million despite the closure of the state during the pandemic. NBCUniversal has been able to kept production going during the pandemic.

According to the New Mexico Film Office, there have been 28 productions announced by the film office during the 2020-2021 fiscal year. The number of New Mexico crew hired for the 28 productions is 3,302 with 986 New Mexico actors within those productions. The biggest impact is with background actors, which is 7,963 New Mexicans hired.

Contributing to the record-breaking year, there are film production public-private partnerships with NBCUniversal and Netflix. Both have signed a 10-year commitment to bring film and TV projects to the state.

The link to  quoted news source is here:

https://www.abqjournal.com/2403189/nm-film-industry-breaks-record-with-623m-in-direct-spend.html

RECREATIONAL CANNIBUS INDUSTRY

On March 31, 2021 in a special session of the New Mexico legislature, the state became the 18 state to legalize recreational cannabis.  New rules and regulations governing licensing, production and sales of recreational marijuana how now been fully implemented.  Commercial sales are to begin on April 1.   The new industry will bring  new tax dollars, new commercial activity and law enforcement challenges to traditionally conservative eastern New Mexico, which is sometimes referred to as “Little Texas.”

Under the new law, there is a 12% statewide excise tax, with the state’s gross receipts tax rate, which varies by city and county which, is  levied on top of the state and local taxes.  Any adults age 21 and older with valid photo identification can buy recreational cannabis.  The new law and regulations allows some licensed dispensaries to have established cannabis consumption areas. And there are no limits on home consumption , but using cannabis is not allowed in public places.  The state law prohibits commercial consumers from possessing more than 2 ounces of cannabis, or 16 grams of cannabis extract, outside of their place of residence. There are no limits on how much cannabis can be kept inside one’s home out of public view.

Under New Mexico’s new law, New Mexico cities and counties cannot opt out, or bar cannabis dispensaries from opening in their jurisdictions.  Local governments are also prohibited from making it illegal to transport cannabis products on public roadways, provided the individuals in possession are not under the influence and are also complying with other aspects of the law. Cities and counties do have the authority to set rules governing the location, density limits and hours of operation for marijuana retailers.  Many cities and counties, including Alburquerque and Bernalillo County have adopted ordinances establishing their own local rules.

Duke Rodriguez, CEO and president of Ultra Health Inc., the state’s largest medical cannabis producer, said at upward % of New Mexico’s legal cannabis sales could end up being made by Texans crossing state lines to participate in the state’s newest industry.  Much of the benefits of recreational marijuana sales will come from Texas, which unlike Arizona and Colorado has not legalized recreational cannabis, and has large population centers like Amarillo, Lubbock and El Passo within easy driving distance to New Mexico towns and cities such as Clayton, Clovis, Texico, Hobbs and Las Cruces.  Small communities such AS San Jon, a small town in Quay County that is  less than 20 miles from the Texas border will likely see huge profits.

A report conducted last year by Massachusetts-based Cannabis Public Policy Consulting projected New Mexico’s fledgling cannabis market to hit $782 million in legal sales by 2026, a figure that includes tourist and cross-border purchases. The report also estimated that New Mexico’s regulated cannabis industry will supply 20% of the marijuana products purchased within a 200-mile zone from the state’s boundaries.

As a result, the recreational cannabis industry offers significant promise from both an economic standpoint and the potential for marijuana processing and manufacturing facilities in any New Mexico community.   Then there are the challenges it will bring like enforcing laws against impaired driving.

HEALTHY SALES REPORTED

According to the state’s Cannabis Control Division The state’s cannabis industry in August brought in $24.2 million in adult-use sales, a new record high, surpassing July’s adult-use sales of $23.5 million.

Overall sales numbers, which includes medical cannabis transactions, stood at nearly $40.7 million in August, according to the data. That number is up from July’s overall sales of $40.3 million, which at the time was also a record high.

Albuquerque did nearly $8 million in adult-use sales and $6.6 million in medical sales, according to the data. That number is up on the adult-use side from July, but down on the medical side by more than $250,000. And Albuquerque hasn’t done more than $8 million in adult-use sales since April.

Santa Fe brought in $1.9 million in recreational sales, slightly more than in July. And they also did about the same in medical sales — $1.6 million — as in July, according to the data.

Rio Rancho sold more medical cannabis than recreational, bringing in $805,783 on that end and $749,385 in adult-use sales, according to CCD.

Las Cruces took in $1.8 million in recreational sales and nearly $1.5 million in medical sales. Sunland Park did more than $1.3 million in adult-use sales and Hobbs did nearly $1.3 million in sales, according to the data.

Carlsbad did $794,310 in adult-use sales and about $370,620 in medical sales. Clovis brought in $674,106 in recreational sales. Anthony saw $442,017 in adult-use sales, according to the data.

“New Mexico cannabis retailers sold $23.5 million in recreational cannabis in July. That’s more than the state’s retailers have ever sold in a month. That puts July’s cannabis sales as the new record for most revenue generated in a month. Previously, April of 2022 had the most sales. That month — the first month of legal sales — retailers sold just over $22 million worth of cannabis. Now, summer sales passed that previous record. Albuquerque-based retailers sold more than $7.6 million worth of recreational cannabis in July. Santa Fe retailers sold over $1.8 million worth.”

Overall, border towns, including Texico, Roswell, Portales and Clayton, made up more than a 30% of overall recreational sales, according to the data. Salgado said Pecos Valley opened a second location in Hobbs last month and that they expect to open their Artesia location in the next couple weeks.

Links to other quoted news source materials are here:

https://www.abqjournal.com/2530421/recreational-cannabis-sales-reach-new-high-in-august.html

New Mexico retailers set a cannabis sales record in July (krqe.com)

https://www.krqe.com/news/marijuana/new-mexico-cannabis-sales-total-more-than-3-5-million-in-first-weekend/

https://www.koat.com/article/cannabis-sales-in-new-mexico-are-flying-high/39613891

https://www.kob.com/albuquerque-news/adult-use-cannabis-sales-kick-off-in-new-mexico/6434891/?cat=500

https://www.kob.com/albuquerque-news/recreational-marijuana-could-generate-up-to-800-million-a-year-according-to-new-estimates/5921047/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetaglobal

https://www.abqjournal.com/2495659/new-mexico-tops-22m-in-recreational-cannabis-sales-in-april.html

https://www.abqjournal.com/2485020/recreational-cannabis-sales-near-2-million.html

https://www.abqjournal.com/2487123/nm-cannabis-sales-hit-nearly-10m-in-a-week.html

https://www.abqjournal.com/2483131/new-cannabis-frontier-could-bring-growth-to-eastern-nm.html

 A BUDDING AGRICULTURAL CROP  TO RIVAL ALFALFA

It was in 2017 that the New Mexico Legislature enacted the legalization and cultivation on hemp in the state.  Republican Governor “She Who Shall Not Be Named” vetoed the bill. The veto was overturned on procedural grounds in spring 2018. In 2019 New Mexico authorities finalized hemp rules in time for farmers to produce the state’s first legal harvest in 2019. The Corona Virus pandemic then hit New Mexico with a vengeance and the industry was placed on hold.

https://www.nmda.nmsu.edu/hemp-program/

https://hempindustrydaily.com/new-mexico-hemp-rules/

As the state and nation show signs of rebounding from the CORONA virus-induced economic slump, the hemp industry in New Mexico is poised to make a major stride in growth and development.

Hemp belongs to the same plant species as marijuana but is legally defined as having less than 0.3 percent THC. That’s a trace amount compared to cannabis, whose THC content can be more than 15 percent. The prime active ingredient in hemp is cannabidiol, or CBD, which comes from the plant’s leaves and flowers and is thought to have medicinal properties.

CBD is increasingly used in health and beauty products. Other parts of the plant have various uses. Hemp seeds, which contain no CBD, can be eaten raw or ground up for protein powder and dairy substitutes. Oil extracted from these seeds is used in skin care products. Fiber separated from the stalks can be used for clothing, bags, rope, beauty products, building materials, paper and bioplastics. The woody inner stalks, known as hurds, can be formed into building materials, mulch and animal bedding.

Agriculture is deeply rooted in New Mexico and in the top 10 of its industries. New Mexico is home to 23,800 farms and 43.9 million acres of farmland. The states top commodities include beef cattle and calves, pecans, hay, sheep, onions, chiles, greenhouses and nursery products, cotton, and corn. New Mexico is a major alfalfa hay producer, with 190,000 acres of the crop harvested in 2017. A legume hay, alfalfa is an excellent source of good-quality protein, fiber, vitamins and minerals. Hay generated $109 million in cash receipts.

https://www.farmflavor.com/new-mexico/new-mexicos-top-agriculture-commodities/

Hemp as an agricultural cash crop has the potential to immediately rival alfalfa as a cash crop in New Mexico. Hemp is a good crop for a desert state like New Mexico because it consumes up to 75 % less water than alfalfa and corn. … Statewide, 31 growers have licenses for indoor operations, totaling 9.74 million square feet, and four growers have licenses for outdoor cultivation, totaling 37.7 acres, according to the state Department of Agriculture.

Jill Browning, chairwoman of the New Mexico Hemp Association, has said the hemp industry will flourish on its own when the fiber is used more in clothing, construction materials and to replace plastics.

https://www.santafenewmexican.com/news/business/hemp-a-budding-industry-in-new-mexico/article_12ecd6c0-752a-11eb-8cba-370b8ee8264f.html

AEROSPACE

State and city officials have been encouraged between the Spaceport and companies like Virgin Galactic moving forward with test flights. State officials say there’s even more companies on the way.

On Thursday, November 12, 2020, the City of Albuquerque Environmental Planning Commission approved the new site plan for the “Orion Center.”  During the November 12th press conference announcing the development, Albuquerque Economic Development Director Synthia Jaramillo said the Orion Project represented a real opportunity to attract development from the commercial space industry. According to Jaramillo:

“The global space economy is projected to be worth $3 trillion by 2045.”

 Jaramillo cited Albuquerque’s “engineering-savvy” workforce, low property tax rates, which are some of the lowest in the country, and tax deductions that target the aviation and aerospace industries. In addition, the city boasts “large swaths of vacant land, unrestricted air space and low population density.”

https://www.koat.com/article/aerospace-center-one-step-closer-to-being-built-in-albuquerque/34662638

https://www.abqjournal.com/1517515/aerospace-firm-targets-abq-for-new-campus.html

On December 29, the Albuquerque Journal editorialize that New Mexico should make space industry its “economy moonshot.” The editorial said in part:

“The nation has entered a new phase of space-related opportunity.  The Space Foundation estimates the global space economy expanded by 55% over the past decade, reaching $447 billion in 2020. It’s expected to grow to between $1 trillion and $3 trillion over the next 20-30 years.

The U.S. and world economies are already fundamentally dependent on space technology and operations to maintain basic societal functions.  By synchronizing and linking up power grids and communication networks, space technology supplies data to enable city planning, agriculture, public health, transportation and more. The next phase of developing space assets could produce new wonders: harnessing solar energy and beaming photovoltaic energy to Earth or low-gravity manufacturing of biotechnology products.

New Mexico has a leg up to tap the immense economic potential of space. Space-related endeavors at Kirtland Air Force Base in Albuquerque, at White Sands Missile Range in southern New Mexico and the state’s national laboratories have attracted an impressive array of companies to provide support services to experienced federal entities. The future of the emerging global space industry hinges on such public-private partnerships, according to the third annual “State of the Space Industrial Base” report issued in November. It was co-authored by Col. Eric Felt, head of the Air Force Research Laboratory’s Space Vehicles Directorate at KAFB.

New Mexico has played a key role in preparing and disseminating the reports. New Space NM, an industry alliance, has hosted two conferences to collect participant input in the past two reports and is now helping to monitor progress on adopting a “whole of government” approach for space industrial development.

And, with regard to public-private partnerships, New Mexico appears ahead of the curve in business development. The Dec. 20 “Building the space industry ecosystem” in the Journal’s Business Outlook enumerates the myriad incubators, accelerators and tech hubs in place to build up New Mexico’s fast-growing commercial space sector.

This all plays to the state’s strengths. New Mexico has a history and synergy of military bases, national labs, research universities and private aerospace enterprises — plus a one-of-a-kind spaceport and the only ground-to-infinity protected airspace outside of the White House.”

https://www.abqjournal.com/2457265/nm-should-make.html

SUSTAINABLE ENERGY

On March 10, 2022 Gov. Michelle Lujan Grisham announced that Universal Hydrogen has chosen a 50-acre parcel of property northeast of the passenger terminal at the Albuquerque International Sunport to build a manufacturing and distribution center in New Mexico with a goal of hiring hundreds of employees in Albuquerque.   The location includes access to a runway and the potential future reclamation of a rail spur south of the Sunport.

Universal Hydrogen is a manufacturer  and distributor of hydrogen storage modules, assembles airplane retrofit kits and performs aftermarket maintenance services, and manage administrative activities.  Universal Hydrogen is a company with a mission to enable carbon-free fuel and reduce the climate impact of air travel.

New Mexico will be at the heart of the company’s mission to decarbonize hard-to-abate greenhouse gas emissions in aviation, ground transportation, and heavy industry to help the United States meet the Paris Agreement goals. The company also has facilities in California, Washington State, and Toulouse, France.

Universal Hydrogen will spend one to two years on the planning and construction of its New Mexico facilities, with a goal of commencing full-scale manufacturing by 2024. It anticipates investing over $254 million into New Mexico and aims to hire 500 employees over the next seven years. These jobs will include highly skilled engineers and composite technicians with attractive salaries and benefits.

The State of New Mexico is pledging $10 million from the Local Economic Development Act (LEDA) job-creation fund. The City of Albuquerque will serve as the fiscal agent and is  considering providing additional funding from its local economic development fund. The construction project alone is expected to generate over 1,200 jobs, and the manufacturing and distribution center is expected to have an economic impact of over $700 million over the next 10 years.

The economic assistance is pending support from the Albuquerque City Council and will be paid out as Universal Hydrogen reaches economic development benchmarks as agreed to in a pending Project Participation Agreement. Universal Hydrogen is also pursuing federal programs to help scale its manufacturing and production capabilities.

https://www.abq.org/2022/03/10/universal-hydrogen-picks-new-mexico-for-major-manufacturing-hub/

Gov. Lujan Grisham had this to say:

“This project puts New Mexico and Universal Hydrogen at the center of the global effort to decarbonize transportation and aviation in particular … Hydrogen, solar, wind, and alternative energy are job-rich industries and New Mexico’s partnerships with these companies are part of a forward-thinking model to create a robust and diversified economy, while being a part of the solution when it comes to a changing climate.”

Economic Development Cabinet Secretary Alicia J. Keyes had this to say:

“With two federal Department of Energy research labs and a skilled workforce, the future for new, innovative energy technology is here in New Mexico.”

https://www.abq.org/2022/03/10/universal-hydrogen-picks-new-mexico-for-major-manufacturing-hub/

INTELLIGENT MANUFACTURING

There is a major effort to bring high paying technology-based jobs to communities all across the state. New Mexico is making real progress in the area. A recent analysis by the Milken Institute found New Mexico alongside New Jersey saw the largest gains in science and technology workforce over the past 2 years.

On May 3, 2021, Intel Corporation announced it will be investing $3.5 billion to equip its New Mexico operations for the manufacturing of advanced semiconductor packaging technologies, including Foveros, Intel’s breakthrough 3D packaging technology. The multiyear investment is expected to create at least 700 high-tech jobs and 1,000 construction jobs and support an additional 3,500 jobs in the state. Planning activities began immediately, with construction expected to start in late 2021.

https://www.intel.com/content/www/us/en/newsroom/news/new-mexico-manufacturing.html#gs.0yh3ny

GLOBAL TRADE

State officials are tapping into the international border with Mexico as a major economic opportunity. In recent months, the state announced major partnerships with at least three Taiwanese companies to set up shop in Santa Teresa, New Mexico. That includes Xxentria, which is a leading manufacturer of metal composites.  Secretary Keyes had this to say:

“A lot of their heavy industry and manufacturing is going to be in Chihuahua and then we do the assembly in New Mexico, and also the headquarters. … And we’ve just hired a consultant for New Mexico that will be based in Taipei to help us with courting those Taiwanese companies and those Asian companies that potentially want to be on the border here.”

https://www.kob.com/albuquerque-news/working-4-the-future-diversifying-new-mexicorsquos-economy/5956987/?cat=500

BIO-SCIENCES

In the biosciences sector, more than a hundred new high-paying jobs are expected in Rio Rancho. The company Nature’s Toolbox specializes in bio-manufacturing to speed up the development of vaccines and pharmaceuticals. The average salary is $74,000.

NEW MEXICO NEEDS INFRASTRUCTURE

 Stuart Rose is the founder of The BioScience Center, Fat Pipe New Mexico and Go-Station, Inc., a member of New Mexico Angels, and is an investor in multiple local startups including NTx Bio, Electric Playhouse, Wildlife Protection Management, Allerpops and mPowerTechnology and serves as a Board Member of New Mexico Community Capital and a Venture Partner of Tramway Ventures. 

On March 9, the Albuquerque Journal published the following guest column written by Rose on the need for infrastructure as part of diversifying New Mexico’s economy:

“For years, New Mexico has been talking about trying to make our state’s economy less dependent on the oil and gas industry.

While there has been some progress, not much with real impact has materialized yet. Likely that’s because it’s not easy to do and, in fact, it’s not even clear what to do.

We’ve heard lots of talk from government officials about where we should focus — the biosciences, aerospace, film and TV, intelligent manufacturing, outdoor recreation, sustainable and green energy, sustainable and value-added agriculture, cybersecurity and global trade.

These are all worthwhile, and in my view, appropriate industries to target. They will create the bulk of the jobs and create the most wealth in the economic future of the world.

It is terrific that our state government has put in place a variety of incentives to reach companies in these key economic areas. But it won’t be enough. The reason is we don’t have an appropriate infrastructure that would allow these companies to develop and grow in New Mexico. We are missing critical pieces including:

— Incentives to developers to build spec buildings so that companies started or grown here or attracted to New Mexico have a place to move into without having a lengthy wait.

Understandably our incentives to date have focused on job creation. But now we’re at a stage where we need to go to the next step, specifically:

— Programs that would provide support to vendors that supply the target industries so that it’s easier for the companies to get what they need.

— Initiatives that would make it easier for companies to attract talent to our state. We know how great it is to live and work in New Mexico, but outsiders see it differently. One example might be an initiative that would help find jobs for trailing spouses, with another being to focus on creating clusters of companies in the same industry so that if someone loses their job in one company, there is another they can move to without having to relocate out of NM.

— Efforts to train younger workers and retrain older workers to be able to work in the targeted industries, and especially apprenticeship programs like those that have been very successful in Germany.

I applaud everyone’s actions and the trajectory New Mexico is taking. But it’s time for elected officials, the angels’ community, business leaders and economic developers to look at the entire picture as we plan New Mexico’s future for not only today but for future generations.”

https://www.abqjournal.com/2480890/jobs-creation-is-great-but-new-mexico-needs-infrastructure.html

COMMENTARY AND ANALYSIS

Election after election, we hear New Mexico politicians running for office at all levels and elected officials from both parties repeatedly point out that we routinely rank high on the bad lists of crime, hunger, poverty, and low on the good lists of income, child well-being, places to retire, quality of education and jobs.

There is an absolute need to concentrate on the identified industries by the state and AED, otherwise, within 20 years, if not sooner, virtually all of New Mexico will be nothing more than a dusty high desert state with more empty space, more ghost towns, beautiful vistas and sunshine and with no one wanting to live a lifetime here but be buried here. The only industries that will be expanding will be “assisted living” homes and funeral homes and cemeteries with New Mexico becoming the graveyard of lost opportunities, hopes and dreams for a better life and livelihood.

 

On Friday, September 12, Albuquerque Mayor Tim Keller vetoed a city council measure that reallocated $1.25 million that was originally designated for Safe Outdoor Spaces  by the City Council in the 2022-2023 city budget enacted by the council on May 16. It is Keller’s 8^th veto in 2022.  The bill, which passed on a 5-4 vote, was sponsored by Republican Dan Lewis with the funding reallocated to the city’s Gateway Center Shelter for services supporting homeless veterans.

A “Safe Outdoor Space” is a lot, or a portion of a lot, developed to provide designated spaces for occupancy by tents, recreational vehicles, and/or light vehicles. A safe outdoor space are to offer social services and support facilities.  The Integrated Development Ordinance (IDO) limits Safe Outdoor Space camps to 40 spots for tents and a total of 50 residents and makes them a temporary use where operators can run them for two years at a selected sites with the possibility of a single two-year extension.

Keller said this in his veto message:

“[This is a] sad political attempt to use the unhoused veteran community as a pretext to create another barrier to addressing our unhoused challenges with every tool available … [the city already] provides multiple resources for unhoused veterans.  [ Diverting money from safe outdoor spaces will] undermine the ability [to ensure safe and proper staff and services]  which are essential for successful operations and for successfully transitioning residents — including veterans — into longer-term housing.”

The veto is Keller’s second relating to “Safe Outdoor Spaces” within a month. On September 7, the council voted “NO” to override Keller’s veto of a one-year moratorium on the application process for “Safe Outdoor Spaces”.   In order to override the veto, 6 YES votes were needed.  The 4 who voted NO to override were Republican Trudy Jones who joined Democrats Isaac Benton, Pat Davis and Tammy Fiebelcorn. Trudy Jones had voted with the majority when the moratorium initially passed 6-3 but changed her position and voted NO on the override.

APPEAL OF DAWN LEGACY POINT SOS APPROVALS 

It was on August 8, that the City Planning Department approved the Dawn Legacy Point application for a Safe Outdoor Space homeless campsite at 1250 Menaul, NE, at  Menaul and Interstate 25.  The homeless tent camp will be for 40 woman who have been “victims of sex trafficking”.   

The Dawn Legacy Point Safe Outdoor Space has been appealed by the following neighborhood association and businesses:

Santa Barbara Martineztown Neighborhood Association

Albuquerque Boca Hotel Limited Partnership dba Crown Plaza Albuquerque

Greater ABQ Hotel & Lodging Association

The Stronghurst Improvement Association

LifeRoots Inc.

Menaul School

The Reule LLC (Robert D Reule)

The City of Albuquerque Land Use Hearing Officer has scheduled a hearing on all 7 of the above appeal cases on Wednesday, September 28, 2022 at 9:00 am in the Vincent E. Griego Chambers at the Albuquerque/Bernalillo County Government Center, One Civic Plaza NW, Albuquerque, NM 87102.

Businessman Brad Day, the consultant for The Dawn Legacy Point “Safe Outdoor Space”, said Dawn Legacy Pointe is acquiring the tents and other materials it needs to start moving onto the site if the appeals are denied and the project is allowed to go forwards. Sources have also confirmed the city has done work to prepare the site and has secured a building on the property.

HEADING HOME SECURES TWO SAFE OUTDOOR SPACES APPROVALS FROM PLANNNG DEPARTMENT

Albuquerque Heading Home is a New Mexico based non-profit and is a Housing First collaboration of public, private and non-profit organizations who united in 2011 to end homelessness for individuals who have been chronically homeless and are medically vulnerable. More than 800 individuals and their family members have been placed in permanent supportive housing since the Albuquerque Heading Home initiative started in 2011.

Heading Home has secured 2 separate “Safe Outdoor Space” authorizations from the City Planning Department.  Heading Home already operates the city’s West Side Emergency Housing Center at 7440 Jim McDowell NW and the Albuquerque Opportunity Center at 715 Candelaria NE. They would be for individuals to sleep in vehicles, not tents. There are 12 planned spaces for the Candelaria location and 40 at the West Side Emergency Housing Center.

Heading Home CEO Steve Decker has said both of the Heading Home SOS spaces will need financial support but has not disclosed how much. Heading Home is seeking city funding to build fencing around the property and to help pay for staffing to operate the spaces. Decker added that even city funding is secured it will still take at least a month to build the necessary fence on Candelaria before any camping would be possible.  Decker added that the homeless are already making inquiries and had this to say:

“We are getting phone calls with people asking when it will open — they want to get out of the Walmart parking lot.”

https://www.abqjournal.com/2534889/keller-goes-to-bat-for-safe-outdoor-spaces-again.html

According to the 2022-2023 approved city budget for the Family Community Services, Heading Home has been awarded $3,291,805 in Emergency Shelter contracts, $480,000 in Homeless Support Services contracts and $360,000 in Outreach Services for homeless mentally ill for a total of $4,131,805.  Heading Home has also been awarded the city contract to operate the new Gibson Gateway Shelter, but the exact  amount of the contract has not been disclosed or reported upon by the news media outlets.

2022 “POINT IN TIME” SURVEY

Each year the “Point in Time” survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels.

The PIT count requires the use of the HUD definition of “homelessness”. PIT counts only people who are sleeping in a shelter, in a transitional housing program, or outside in places not meant for human habitation. Those people who are not counted are those who do not want to participate in the survey, who are sleeping in motels that they pay for themselves, or who are doubled up with family or friends.

The New Mexico Coalition to End Homelessness (NMCEH) was  contracted by the city to do the 2022 survey and it released the 2022  PIT report in August.  This year, the PIT count and survey was taken on January 31, 2022. The PIT report is 40 pages long and includes graphs and pie charts outlining the statistics reported.  You can review the entire report at this link:

https://www.nmceh.org/_files/ugd/6737c5_4ecb9ab7114a45dcb25f648c6e0b0a30.pdf

The breakdown of homelessness on January 31, 2022 is as follows:

Emergency sheltered:  940

Unsheltered:  197

Transitional housing:  174

COMBINED TOTAL OF HOMELESS:  1,311

The 2022 point in time survey when compared to the surveys taken 2021, 2019 and 2017 is by far the better of the surveys given the depth of information provided when comes to individual and households of homeless, gender, age and ethnicity who are sheltered, in transitional housing, or who are unsheltered.  The surveys taken together provide an in-depth analysis of the city’s homeless crisis.

The 2022  “Point In Time” homeless survey reported the number of homeless in the city is 1,311 with 940 in emergency shelters, 197 unsheltered and 174 in transitional housing. The survey found there are 256 fewer homeless in 2022 than in 2021.The 1,311 figures in the 2022 PIT report is the lowest number of unsheltered reported for the last 5 years.  According to the 2022 PIT report there were 256 fewer homeless in January 2022 than in January 2021.

During the last 12 years, PIT yearly surveys have counted 1,300 to 2,000 homeless a year.  The PIT survey statistics have never supported city or charitable provider claims that the city has upwards of 5,000 homeless.   When PIT survey results are released, the city and providers quickly dismiss them as an “undercount”, likely because fewer homeless means less funding for the Family Community Services Department.

https://www.petedinelli.com/2022/09/22/2022-pit-city-homeless-count-256-fewer-homeless-1311-total-homeless-940-emergency-sheltered-174-transitional-housing-citys-homeless-crisis-and-visibility-aggravated-by-mayor/

CITY’S FINANCIAL COMMITMENT TO HOMELESS

During the 2021-2022 fiscal year that ended June 10, 2022, the Family and Community Services Department and the Keller Administration spent upwards of $40 Million to assist the homeless or near homeless. The 2021-2022 adopted city budget for Family and Community Services Department provided for funding for emergency shelter contracts of $6,421,989, Homeless Support Contracts of $3,624,213, Mental Health Contracts totaling $4,378,104, and substance abuse contracts totaling $2,529,676 , affordable housing and community contracts totaling $18,191, 960.

The link  to the adopted 2021-2022

https://www.cabq.gov/dfa/documents/fy22-approved-budget-numbered-w-hyperlinks-final.pdf

Mayor Keller’s 2022-2023 approved budget that began on July 1, 2022, significantly increased the Family and Community Services budget by $24,353,064 to assist the homeless or near homeless by going from $35,145,851 to $59,498,915. $6,025,544 is allocated for emergency shelter contracts, $4,282,794 for homeless support services, $3,773,860 is allocated for  for mental health contracts, $2,818,356 is allocated for total substance abuse contracts for counseling, $42,598,361 allocated total for affordable housing and community contracts with a major emphasis on permanent housing for the near homeless or homeless.

The link to the  2022-2023 approved budget is here:

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

EPC RECOMMENDS REPEAL OF SAFE OUTDOOR SPACES

It was on June 22 that legislation was introduced by city Councilor Brook Bassan at city council to repeal and to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO).  The repeal legislation was referred to the Environmental Planning Commision (EPC) for a full hearing and recommendations. On   September 15, (EPC) voted to recommend a “Do Pass” recommendation to eliminate “Safe Outdoor Spaces” from the Integrated Development Ordinance (IDO).  The vote and the recommendations were to delete all references of Safe Outdoor Spaces in the IDO effectively outlawing the conditional land use anywhere in the city.

During the course of the September 15 hearing, and after the presentation of Councilor Basan’s city council legislative analysis, the public was allowed to speak, with each speaker given 2 minutes. The overwhelming majority of the testimony given by   members of the general public was in opposition to Safe Outdoor Spaces.

Representatives from neighborhood associations, including the Santa Barbara Martineztown  Neighborhood Association, Wells Park Neighborhood Association and the Greater Albuquerque Business Alliance, a coalition of downtown businesses, testified in opposition to Safe Outdoor Spaces.   The main arguments made by those opposed to Safe Outdoor Spaces include the following:

1.The City Council amendment for Safe Outdoor Space is not well planned out.  Safe Outdoor Spaces will not be safe despite security plans and will be magnets for crime.

2. Safe Outdoor Spaces in the form of “tent encampments for the homeless” constitute temporary housing that has been found to be the least effective means with dealing with the homeless. Many city’s that once embraced city sanctioned homeless encampment such as tent encampments are abandoning them in favor of more permanent housing.

3.  Safe Outdoor Spaces will be detrimental to the neighborhoods and surrounding business and interfere with the peaceful use and enjoyment of property, both private and public property, and will reduce property values and interfere with redevelopment efforts.

4.  The Safe Outdoor Spaces provisions are not in conformity and contradict the numerous provisions of the Integrated Development Ordinance (IDO), including relating to “higher and best use” of property and the intent and goal of the IDO to have reasonable, responsible redevelopment provisions that do not hinder development.

5.  Annual updates and amendments to the IDO, such as is the case with Safe Outdoor Spaces, are enacted without public support or input. The Integrated Development Ordinance (IDO) annual amendment process undertaken by the City Council is seriously flawed and is defective and does not allow for community input for major types of amendments affecting communities, such as Safe Outdoor Spaces.   There is no complete review of data coming from the Planning Department to the EPC for IDO Amendments.  Substantive amendments to the IDO are not being fully investigated and vetted by the Planning Department for recommendations to EPC as was the case with Safe Outdoor Spaces.

6.  Safe Outdoor Spaces violates the city’s “Housing First”policy jeopardizing millions of dollars in federal funding by offering temporary housing and tent encampments to the homeless.  In the 2021 fiscal year, the city spent $40 million and in the 2022 fiscal year will be   spending $60 million to assist the homeless and much of the federal funding will be placed in jeopardy because of Safe Outdoor Spaces.

7.  Safe Outdoor Spaces are nuisances and are in violation of city ordinances dealing with nuisance abatement on real property, especially property owned by the city.

At the conclusion of the September 15 EPC hearing, the EPC adopted upwards of 4 pages of very detail findings citing specific provisions of the IDO supporting  their ruling to recommend the elimination of Safe Outdoor Spaces from the IDO.  Those finding outlined the provisions of the IDO that Safe Outdoor Spaces violate.  The specific findings of the EPC supporting the deletion of Safe Outdoor Spaces from the IDO are as follows:

“The request to remove Safe Outdoor Spaces (SOS) from the IDO would generally help to enhance, protect, and preserve distinct communities because it would ensure that SOS are no longer allowed City-wide.”

“The request to remove SOS from the IDO would generally help to protect the identity and cohesiveness of neighborhoods because it would ensure that the use is not allowed to be near neighborhoods.” 

“The request to remove SOS would be consistent in enhancing, protect, and preserving the long-tern health and vitality of neighborhoods because it would remove a use that is temporary, in some instances. A temporary use would not respect neighborhood values because the use is allowable in both Areas of Change and Areas of Consistency. Though only allowable in non-residential zone districts, the use would not stabilize neighborhoods or enhance their attractiveness.”

“The request to remove SOS from the IDO would generally continue to create and support healthy, sustainable and distinct communities because SOS would no longer be allowed Citywide, which in turn would protect the characteristics of distinct communities. SOS are allowed in a variety of non-residential or MX uses, as well as residential zones when associated with religious institutions, where higher density housing is allowed. By removing SOS as a use, higher density housing will continue to be encouraged on those sites.”

“SOS are currently allowed in all MX zone districts as conditional temporary uses and in NR-C, NR-BP, NR-LM and NR-GM as temporary uses, as well as residential zone districts when associated with a religious institution. The request to remove SOS form the IDO would ensure that SOS as a locally unwanted land use are eliminated, since they are allowed in a variety of zone districts in both Areas of change and Areas of Consistency City-wide.”

“The request would generally ensure that the character and intensity of development in Areas of Consistency is reinforced by removing SOS from the IDO because the use is currently allowed in areas of consistency with minimal design standards. Furthermore, growth that is desired in areas of change would be generally encouraged in zone districts that SOS are currently allowed on.”

“The request would raise the sufficient land available to accommodate projected employment growth City-side by eliminating Safe Outdoor Spaces. SOS are currently allowed in a variety of non-residential zone districts that could otherwise be developed as businesses.”

The EPC recommendation has now been referred to the City Council Land Use and Zoning Committee (LUPZ) for further hearings and ultimately the legislation will be presented for a vote to the full City Council.  It is the City Council that has the ultimate and final authority over land use issues.

COMMENTARY AND ANALYSIS

What is clear from the City Councils actions and Mayor Keller’s 2 vetoes and the actions of the EPC is that what is occurring within the city is a prolonged political battle to prohibit Safe Outdoor Spaces from being allowed throughout the city, a battle that is being lost by the public with the Mayor and City Council. This is not just an issue of “not in my back yard” syndrome, but one of hostility and mistrust of elected officials, especially Mayor Tim Keller, who are viewed as mishandling the city’s homeless crisis despite millions and millions being spent each year to help the homeless. The public perception is that little or no progress has been made by Keller and the homeless crisis has become far more visible than ever before on the streets, parks and open spaces of Albuquerque.

It is an epic political battle being waged between the city’s elected officials and the general public. On one side of the battle are elected the city’s elected officials of Democrat Mayor Tim Keller and Democrats City Councilors Isaac Benton, Pat Davis and Tammy Fiebelcorn and Republican Trudy Jones and City Departments who feel they know best for the city and public.  All 5 elected officials are hell bent on creating “Safe Outdoor Spaces” and cramming them down the public and their constituents’ throats ignoring city ordinances and the city’s housing first policy and without public input and contrary to public opinion.  On the other side of the issue is the general voting public who by all accounts are extremely hostile and who are opposed to temporary homeless tent encampments known as “Safe Outdoor Spaces.”

It is becoming increasingly difficult to understand, let alone justify, why things have not improved with the City and the Keller Administration dealing with the homeless when upwards of $125 million has been spent over the last two years to deal with 1,311 to 1,567 homeless each year over the last 5 years.  The millions being spent each year by the city to deal with the homeless with the “housing first” policy and new Gibson Gateway Homeless Shelter and the Westside Homeless Shelter should be more than enough to deal with housing the homeless, yet Mayor Keller and the 4 City Councilors demand and want more from the public in the form of Safe Outdoor Spaces and operation funding.

It is difficult to understand, other than sure financial gain, why Heading Home is applying for Safe Outdoor Spaces after being given millions to implement a housing first policy approach to the homeless and now will establish 2 Safe Outdoor Spaces asking for more operating funds.  Simply put, Safe Outdoor Space encampments violate the city’s and Keller’s own “housing first” policy by not providing a form of permanent housing and with reliance on tents as temporary housing.

Safe Outdoor Spaces are not the answer to the homeless crisis. “Safe Outdoor Spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city’s efforts to manage the homeless through housing. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.

The answer is to the homeless crisis is to provide the homeless the support services, including food and permanent lodging, and mental health care needed to allow the homeless to turn their lives around and perhaps become productive self-sufficient citizens.

Given the City Council’s vote on the Safe Outdoor Space moratorium and failures to override Keller’s vetoes, it is more likely than not that the city council will vote down and NOT to support the EPC recommendation to eliminate all references to Safe Outdoor Spaces. The legislation eliminating from the IDO Safe Outdoor Spaces will likely pass on a 5 to 4 vote and Mayor Tim Keller is expected to veto the legislation.  The council will need 6 votes to override the mayor’s veto. Unless City Councilor Trudy Jones comes to her senses or has some sort of divine epiphany and changes her mind once again and votes to override Keller’s veto, the override will fail on a 5 to 4 vote and Safe Outdoor Spaces will become law.  This is the type of conduct that results in general public distrust of city government.

Notwithstanding the objections of property owners and voters, Keller and the 4 city councilors believe they know best and intend to go forward with Safe Outdoor Spaces.

 

On September 1, 2022, the Legislative Education Study Committee was told that despite more than $1 billion of investments responding to the findings in the Yazzie-Martinez consolidated lawsuit, it was unclear if students named in the lawsuit are “any better off.” According to a Legislative Finance Committee report, much of the responsibility for the failure falls squarely on school districts with the districts having problems implementing remedies to a judge’s findings that New Mexico wasn’t providing a sufficient education system for “at-risk” students. The state Public Education Department has also had issues making sure districts are doing what they need to do.

PED Evaluator Rachel Mercer Garcia had this to say:

“Implementation and oversight challenges remain hurdles to improving student outcomes in our state. …  Given the learning loss associated with the pandemic, New Mexico faces a heightened need to really ensure resources are directed toward evidence-based programs to help support students and catch them up.”

Education Secretary Kurt Steinhaus told lawmakers that oversight is something the PED is addressing in its coming iteration of the Yazzie-Martinez action plan, that will be finalized by the end of September. Steinhaus told lawmakers.

“Is it the PED’s [responsibility]  to provide oversight and increase our oversight? Yes. And we are working on that.”

Districts haven’t taken advantage of money set aside for programs the court found would help improve education for “at-risk” students, especially when it comes to extended learning time and K-5 Plus programs. LFC analysts also reported that schools have collectively forgone $400 million in funds for both.

At the same time, school districts have held over cash balances over the years and have seen a more dramatic jump since 2017. At the end of last fiscal year, districts and charter schools were collectively carrying over $525.5 million. It was reported that Bottom of Form

the funding is sometimes held over because districts can’t count on being reimbursed by the PED in a timely way.

Growth in spending on central services, such as human resources, district planning and other costs, has also outpaced the growth of spending on instruction and student support services, according to the September 1 LFC report.

New Mexico has had 4 education secretaries since the July 2018 ruling. and the turnover in leadership has contributed to less than clear response to the landmark education lawsuit.

Secretary Steinhaus reported that PED has hired over 80 people in the 14 months since he became secretary. Steinhaus said this: .

“We have a good team of people, they’re performing at a very high level, and I feel confident that we can move forward. … Are we anywhere close to where we need to be? No, but we are on a path.”

LFC staff have also called for the PED to more closely monitor bilingual programs since there has been a declining participation over the last 10 years as English learners increased.

PED Evaluator Rachel Mercer Garcia Mercer said the department needs to look closer at spending of “at-risk” funding, adding that there’s currently a lack in mechanisms to make sure those dollars are being used.

The Link to quoted news sources is here:

https://www.abqjournal.com/2534980/lfc-lagging-progress-due-to-district-implementation-ped-oversight.html

REVISITING YAZZIE V. STATE OF NEW MEXICO

On Friday, July 20, 2018, Santa Fe District Court Judge Sarah Singleton ruled in the landmark public education case Yazzie v. State of New Mexico that the state of New Mexico violated the constitutional rights of at-risk students by failing to provide them with an education. The Court ruling centered on the guaranteed right under the New Mexico Constitution to provide a sufficient education for all children. The lawsuit alleged a severe lack of state funding, resources and services to help students, particularly children from low-income families, students of color, including Native Americans, English-language learners and students with disabilities. The Court found that the New Mexico Public Education Department (PED) under Republican Governor Suzann Martinez did not do the best it could with the funding it was given by the legislature to the education system.

Judge Singleton wrote in the landmark ruling:

“[The evidence presented at trial] proves that the vast majority of New Mexico’s at-risk children finish each school year without the basic literacy and math skills needed to pursue post-secondary education or a career. … Indeed, overall New Mexico children rank at the very bottom in the country for educational achievement. … The at-risk students are still not attaining proficiency at the rate of non-at-risk students … and the programs being lauded by [the Public Education Department] are not changing this picture.”

According to the judge’s ruling, in New Mexico at the time, 71.6% of the state’s public-school students come from low-income families, and 14.4% are English-language learners. Further, 14.8% of students have disabilities, and 10.6% are Native American. Judge Singleton addressing proficiency rates for Native American students said that in the previous 3 years, those students’ reading proficiency was at 17.6% and their math proficiency was at 10.4%.

GOVERN LUJAN GRISHAM RESPONDS BY SECURING FUNDING

In response to the Yazzie v. State of New Mexico landmark public education decision, Govern Lujan Grisham undertook to fully fund the state’s efforts to reform the State’s public education system and she was highly successful.  It has taken a full 4 years to get the job done.  Lujan Grisham succeeded in securing over $1 Billion dollars for public education during the 2019, 2020, 2021 and 2022 legislative sessions. In addition to the dramatic increases in public education funding, Lujan Grisham administration created  the Early Childhood Department, issued mandates to the Children, Youth and Families and Public Education departments, and increased the number CYFD social workers by at least 125.

An Early Childhood Trust Fund of $320 million was also created.  The base pay for teachers was increased by upwards of 20% and have risen  to $50,000, $60,000 and $70,000 depending on the level of years of teacher experience.  During the 2022 New Mexico legislative session, more than $70 million was allocated to tribal entities to help offer culturally relevant lesson plans and access to virtual and after-school programs for those students. The money will be used to create culturally relevant learning programs, including Native language programs, for students in the K-12 system.

DISAPPOINTING PROFIENCY SCORES

On Thursday, September 1, 2022, the Legislative Education Study Committee met and New Mexico’s statewide standardized test scores, known as the Measures of Student Success and Achievement (MSSA), were released.  The new MSSA tests were developed by New Mexico educators and were given for the first time in April, 2022 to students in grades 3 through 12.

You can review the 2022 MSSA proficiency percentages at the below links:

https://webnew.ped.state.nm.us/bureaus/accountability/achievement-data/

https://webnew.ped.state.nm.us/bureaus/indian-education/reports/

Legislative Education Study Committee Deputy Director John Sena reported to the committee that the state has made over $1 billion in investments since the ruling identified needs in the education of Indigenous students, English learners, those who are economically disadvantaged and those with disabilities, and despite the millions spent, the test scores were disappointing.

According to data from the Public Education Department (PED), for most grade levels in most subjects, only about a quarter to a third of students met the proficiency standard.  Below are the percentage of students who met the proficiency standard in each subject:

EARLY LITERACY: 31%

LANGUAGE ARTS: 34%

MATH: 25%

SCIENCE: 33%

Note that little over a third of tested New Mexico students overall are proficient in language arts and only a quarter are proficient in math. There were instances of even lower scores. The tests found that just 16% of high school juniors were proficient in math.

The released proficiency assessment results revealed that for 3rd through fifth graders, English learners, students with disabilities, Indigenous students and those who are economically disadvantaged all fell behind overall statewide results in math and language arts.

Across all grade levels, economically disadvantaged students represent upwards of 74% of New Mexico students. The released proficiency test results revealed that economically disadvantaged third through fifth graders came the closest to statewide averages for those grade levels, with over 26% proficiency in language arts and a little under 19% proficiency in math or eight points behind in language arts, and over seven points behind in math.

An Albuquerque Public Schools spokesperson said just over a third of students in the district in grades 3 through 8 were proficient in English and Language Arts and about a fourth were proficient in math. In high school, four out of 10 students were proficient in English and writing and just under a fourth were proficient in math.

A Santa Fe Public Schools spokesperson said their results are closely in-line with the statewide scores.

Education officials during the Legislative Education Study Committee highlighted New Mexico’s recent struggles with uptake in extended learning time and K-5 Plus programs. It was in July that analysts for the Legislative Finance Committee said the programs have seen lagging participation since 2021 and a collectively had to forgo $400 million in funding.

 APS TEST RESULTS MIRROR STATE’S RESULTS

According to the PED data, the proficiency test results for students in Albuquerque Public Schools (APS) were   essentially the same last year for those measured for students across New Mexico.

The testing results for APS students across all grade levels tested were roughly 36% proficient in language arts which is 2 percentage points higher than the 34% for  New Mexico students overall. APS had the same overall proficiency level of 25% in math as the rest of the state.

In the APS school system, the average test results for third through fifth grade Indigenous students and English learners were generally in line with statewide averages for their respective groups.   In both cases, the scores were slightly higher in language arts, and between 2% and 3% lower in math.

APS students in the same grade levels with disabilities and who were economically disadvantaged, however, scored lower in both categories by margins of roughly 2% to 4%.

APS students across all grade levels who were economically disadvantaged represent upwards of 69% and almost 74% of students statewide. According to PED and APS data, Indigenous, Hispanic and Black students fared the worst of any demographic groups in both math and language arts in APS.  The same was true across the state in every grade level tested.

There were a few key areas, including with some student groups identified in the Yazzie-Martinez consolidated lawsuit, where APS students lagged behind. APS had the same overall proficiency level of 25% in math as the rest of the state. In 2019, the last year that complete testing data was available, 31% of APS students overall were proficient in reading and 20% were proficient in math.

While some student groups identified in the Yazzie-Martinez lawsuit in APS generally hovered around statewide averages, others fared noticeably worse. APS Hispanic students were a little under 29% proficient in language arts, which is on par with the statewide average for third through eighth graders, and were over 18% proficient in math, which is 3% points behind the statewide average.

Statewide, 63% of students overall are Hispanic. In APS, that number is 66% at the end of last year’s school year.

Chanell Segura, the chief of schools for APS, said that while the proficiency test results were not what anybody wanted, there was an upside to the data saying it will provide a baseline that would help lay out a path forward for the district. She put it this way in a Albuquerque Journal interview:

“I don’t know that anyone was excited about the data, I don’t think it was a surprise to anybody.  But I do believe that [in] Albuquerque Public Schools specifically … we were very much excited to receive this data to be able to inform our decisions.”

Segura said APS is working to close the gap between those who lag behind and the rest of their cohort in several ways, to include restarting work to weave equity into grading in schools that are interested in doing so, looking into providing 24/7 high dosage tutoring to students and generally improving accessibility to opportunities like AP courses.

APS highlighted in a September 1 news release several initiatives the district has set in motion, including providing professional development to principals that’s tailored to their community’s needs and significant raises for educators. An APS District spokeswoman said it should help attract a diverse crowd of teachers and in turn help students who have historically lagged behind, because students thrive when their teachers reflect the communities, they teach in.

Another initiative both Steinhaus and Segura highlighted was the state’s ongoing efforts to train kindergarten and elementary school teachers in structured literacy which was described as learning to teach the “science of reading.”

In APS, Segura said that’ll take the form of LETRS training, which teaches the skills needed to master reading instruction and has been highly praised by state lawmakers. Segura said this:

“Our focus is that every student matters.  That is our commitment. … We are really trying to drill down to meet the needs of every student and to intervene early, so that we’re working with families, we’re working with the students, and looking at the whole student.”

LOW TESTS RESULTS BLAMED ON PANDEMIC AND NEW TESTING

PED Secretary Kurt Steinhaus said the new scores are what the state expected to see. He said they are in-line with student performance in past years and education leaders have known for nearly 2 years about the severely negative impact the corona virus pandemic has had on learning and school programs.  Steinhaus said the tests are the best way to gauge student progress since the COVID-19 pandemic began, but these low proficiency results are not what New Mexico should be seeing.

PED and APS officials also stressed that comparisons between last school year’s test results which are based on the Measures of Student Success and Achievement (MSSA) assessments, and those the state saw before the pandemic are not valid.   That is  because the new tests are in fact different tests in that they measure fewer grade levels, and some students take specialized tests. That said, the PED estimated when the new MSSA tests were originally announced in 2019 that there still would be some comparability with old data.

Despite the low tests scores Education Secretary Kurt Steinhaus applauded how far New Mexico has come and acknowledged there’s still ground to cover and he said this:

“New Mexico has come a long way in serving those most underrepresented students.  “We’re not where we want to be. … We still have a long way to go. … I will not be satisfied until we get to that 100%, and that’s not unreasonable. That is doable. … I’m excited about the opportunity that we’ve got in front of us. We’ve got 300 more teachers with licenses in our classrooms. We’ve got a whole bunch of initiatives to address what the test is telling us and start turning the corner for our kids and for our schools, and start moving forward in increasing achievement.”

PROGRESS REPORTED

Despite the low-test scores, PED Secretary Kurt Steinhaus reported to the Legislative Education Study Committee that there has been significant progressed made.  He said New Mexico has filled 300 of its vacant teaching positions, which have been estimated by the PED to be as high as 1,000 at the end of last school year.  He also pointed to pockets throughout the state in which students have improved.  He noted that he’d picked out some of the most outstanding schools and that their growth wasn’t necessarily seen in the rest of New Mexico’s schools. Steinhaus acknowledged there are several areas New Mexico needs to focus on including improving attendance, graduating more students and boosting achievement in all subjects.

Steinhaus said the Public Education Department intends to bring several legislative recommendations to lawmakers for math funding, acknowledging the state’s lower achievement in math than in language arts. Because of that gap the PED department has already launched a math-focused initiative. The PED has said it will assemble a 150-strong math tutoring corps, provide virtual professional development to teachers geared toward math instruction and introduce new math curricula focused on applying math concepts to careers.

The secretary said other states have been able to turn a corner in 10 to 15 years, so it could take that long, but he hopes New Mexico makes progress in a much shorter time period.

The links to quoted news sources are here:

https://www.kob.com/new-mexico/new-mexico-standardized-test-results-show-mostly-25-34-proficiency/

https://www.abqjournal.com/2531147/lesc-four-years-later-its-unclear-if-students-are-any-better-off.html

https://www.abqjournal.com/2531164/aps-test-results-mirror-state-except-in-a-few-key-areas.html

YAZZIE V. STATE/ MARTINEZ PUBLIC EDUCATION ACTION PLAN

On May 14, the New Mexico Public Education Department released a detailed plan to address the landmark public education court case of Yazzie v. State/Martinez and mandated reforms to improve the New Mexico’s failing public education system and offer better and equal opportunities for all students.

The release plan by the Grisham administration is and includes improvements for every aspect of the education system. The link to review the plan is here:

https://mcusercontent.com/fe07174c30216027e5fab1fde/files/8d56cdcc-64d5-1494-dd06-04dfb8209cfd/Martinez_Yazzie_Discussion_Draft_2022.05.09.pdf?link_id=0&can_id=bd62d9bf2703bf57b545d3ed888c0bab&source=email-feedback-requested-nm-ped-releases-draft-plan-to-address-martinezyazzie-ruling&email_referrer=email_1541133&email_subject=feedback-requested-nm-ped-releases-draft-plan-to-address-martinezyazzie-ruling

According to the draft of the plan, it should be considered as a companion to the New Mexico Public Education Department (NMPED) 2022 Comprehensive Strategic Plan which offers remedies to the Yazzie/Martinez decision embedded throughout. According to the plan, the work that lies ahead for NMPED and schools will require systemic change to address the needs of the students and families impacted by decades of neglect and underfunding, including students with disabilities, Native American students, English learners, and economically disadvantaged students. These students account for over 70% of the population in New Mexico’s public schools.

The action plan states that for New Mexico students and their families to realize their full potential, it is incumbent upon both NMPED and its partners, especially the school districts, to do their part in ensuring educational equity, excellence, and relevance for all students. By implementing the recommendations in this plan, all of New Mexico’s public-school students will benefit.

According to the plan of action, NMPED is planning a future in which students are engaged in a culturally and linguistically responsive educational system that meets their academic, social, and emotional needs.

To that end, this action plan is focused on the following long-term goals:

1. Assuring external factors like race, language, economic status, and family situations do not equate with lower rates of success in educational achievement and career prospects.
2. Increasing academic proficiency in math, science, and languages to ensure that all students graduate well prepared for the ever-changing world of college, career, and civic engagement.
3. Eliminating achievement gaps among New Mexico students, particularly English learners, economically disadvantaged students, Hispanics, Native Americans, African Americans, and students with disabilities.
4. Respecting, honoring, and preserving students’ home languages and cultures by implementing culturally and linguistically responsive instruction and learning for all students.

BIG-PICTURE GOALS

The action plan contains some very big picture goals for public education in New Mexico.

Graduation rates in the last few years have been in the low to mid-70s. The education department wants the statewide graduation rate to get to 90% by 2027. Education leaders also want to close graduation gaps between ethnicities and disadvantaged students.

Another target is improving reading and math proficiency rates. PED leaders want those up by 50% in the next four years.

The plan also focuses on teachers, class sizes, and building on recent successes, including increases in funding. Just this year, the state legislature passed pay raises for teachers and more money for Pre-K programs.

Since the lawsuit, the state has boosted help for economically disadvantaged students, those with disabilities and English learners. It’s also upped funding for more reading programs, extended learning time and more and better internet access.

Outside of funding, PED leadership points out the launch of equity councils and the work to create a response team just for the lawsuit.

The link to news source material is here:

https://www.kob.com/new-mexico/albuquerque-metro/ped-releases-plan-addressing-martinez-yazzie-lawsuit/

DEFICIENCIES IDENTIFIED IN PED YAZZIE V. STATE/ MARTINEZ PUBLIC EDUCATION ACTION PLAN

During the September 1 Legislative Education Study Committee, Alisa Diehl, an  attorney with the New Mexico Center on Law and Poverty who is working on the legal team representing the Yazzie plaintiffs in the lawsuit, said the action plan is deficient  in 3   key areas.  The 3 areas she identified are:

1. The plan doesn’t include short- and long-term action steps that are aligned with the court’s findings or that achieve the goals it laid out for the state.
2. It does not detail the changes that will be needed to meet those goals, like cost and budget analyses or estimated increases in staffing.
3. Finally, she said, the plan fails to describe how the state will measure how well the actions it’s taking are preparing students for college or careers.

Attorney Deiehl told the committee:

“Without clearly articulated goals of what the state is trying to achieve that are aligned with the findings in this case … New Mexico will continue to fall short … will continue to see a disconnect between appropriated funding and improved student outcomes.”

PED Deputy Secretary Vickie Bannerman responded that the PED is reworking the plan and aims to have its next draft done by the end of the month. The final version will be released in October or November.

It was also reported that the PED is also working on a question-and-answer document addressing some of the feedback it got on the first draft.  Many of the responses focused on improving outcomes for Indigenous students, encouraging efforts to better consult with community members and calling for greater accountability for outcomes in the plan.

Melissa Candelaria, education director at the Center on Law and Poverty and another member of the Yazzie legal team, acknowledged the work the PED has done to develop its action plan. Still, she said it’s evident that there’s still a way to go for New Mexico students.

“The student outcome data and proficiency rates need to be improved significantly, especially for the four student groups in the case. … None of us want to be in litigation forever … but if the state doesn’t come up with a solid plan to satisfy the court’s order, it may ultimately have to intervene as it has done in the past.”

PATIENCE URGED

Albuquerque Democrat Senate President Pro Tem Mimi Stewart  urged patience with the state in implementing the reforms and argued the state is “on track” with making the changes it needs to and said this:

“When you offer new programs, you offer new ideas, you offer new training – it just takes a long time. … K-5 Plus and extended learning were just fantastic before the pandemic, and you can almost say that about anything we’ve been doing. So I just think we should all take a big breath and realize that it is going to take us a while to make these changes.”

The link to the quoted news source material is here:

https://www.abqjournal.com/2531164/aps-test-results-mirror-state-except-in-a-few-key-areas.html

COMMENTARY AND ANALYSIS

The former Republican Governor and the Republican party should be absolutely ashamed of the damage done to New Mexico’s public education system and which was the basis the landmark education ruling of Yazzie v. State of New Mexico.  The former Republican Governor with her public education policies and her Secretary of Public Education appointments, especially the appointment of Secretary Hanna Skandera, contributed and resulted in the state’s failing education system.

In 2018, Governor Michelle Lujan Grisham campaigned in part on the platform of creating a “moonshot for public education”.  She did so in part on the realities she faced having to come up with the funding and implementation of the reforms to address the Yazzie v. State/ Martinez reforms.  She also had to deal with the disarray of management and destructive education policies established by her former Republican Governor predecessor that contributed significantly to the deterioration of the states school system. Among those policies she threw out were the Partnership for Assessment of Readiness for College and Careers testing and using an A- F grading system to measure how individual schools measured up against each other with both never a good fit.  Then early 2020, the pandemic hit the state and hit it hard. Schools had to be closed with remote learning implanted.

It must not be forgotten that it was Governor Lujan Grisham’s predecessor former Republican Governor “She Who Shall Not Be Named” who failed New Mexico’s kids by destroying the state’s public education system for a full 8 years year, after year after year.

It is a major mistake for anyone to say that the millions that have been spent over the last 3 years on public education have had no impact on student proficiency results.  What needs to be understood is that the state’s entire public education system is going through a major period of reform and adjustment that will likely take upwards of at least 8 years to complete

It will now take time, patience and funding to turn things around. The state’s education system now has the funding and now must produce the results that the public demands with no more excuses.

 

It was on June 22 that legislation was introduced by city Councilor Brook Bassan at city council to repeal and to eliminate Safe Outdoor Spaces from the city’s Indegrated Development Ordinance. The repeal legislation was referred to the Environmental Planning Commission (EPC) for review and hearing and to make recommendations to the City Council.  On Thursday, September 15, the City’s Environmental Planning Commission (EPC) held a hearing and voted to Eliminate “Safe Outdoor Spaces”.

 OFFICIAL NOTIFICATION OF DECISION WITH FINDINGS

 The city of Albuquerque has sent to all parties participating in the September 15 hearing the EPS’s official notification of its decision and the specific findings. Following is an edited version of the decision and the findings deleting legal jargon and highlighting in bold findings in order to assist the reader in understanding the decision and in particular the findings:

 “PLANNING DEPARTMENT URBAN DESIGN & DEVELOPMENT DIVISION

OFFICIAL NOTIFICATION OF DECISION

The City of Albuquerque City Council requests various text amendments to the Integrated Development Ordinance (IDO) to remove all references to Safe Outdoor Spaces (SOSs)  …  .

On September 15, 2022, the Environmental Planning Commission (EPC) voted to forward a recommendation of APPROVAL to the City Council [for the removal of all references to Safe Outdoor Spaces in the Integrated Development Ordinance.]”

[FINDINGS OF THE ENVIRONMENTAL PLANNING COMMISSION]

    1. The request is for a recommendation to City Council would amend the Integrated Development Ordinance (IDO) to eliminate all references to Safe Outdoor Spaces, or SOSs.

     2.  The IDO was recently updated via the 2021 Annual Update amendment process. Language addressing Safe Outdoor Spaces was included in the amendments, which were adopted via Council Bill . … The 2021 amendments became effective on July 28, 2022 and are part of the IDO currently in effect. The amendments included a definition of Safe Outdoor Spaces, Use-Specific Standards, and some references to them.

    3.   Bill No. O-22-33 was drafted in June 2022 and referred to the Planning Department for EPC review and recommendation. Like other IDO text amendments regarding uses and standards, the proposed text amendments to the IDO … would apply generally throughout the City (City-wide) and fall under Amendment to IDO Text-Citywide. … Therefore, the request is a legislative matter.

     4. On August 15, 2022, City Council adopted Resolution 22-56, which placed a moratorium on review and decision for all SOS applications. The Mayor vetoed the Resolution … on September 7, 2022.

     5.  The Albuquerque/Bernalillo County Comprehensive Plan and the Revised Ordinances of Albuquerque (ROA) 1994 are incorporated herein by reference and made part of the record for all purposes.

     6.  The request is generally consistent with the following, applicable articles of the City Charter:

 A. Article I, Incorporation and Powers: Enacting a bill to revise and supersede the text of the Integrated Development Ordinance (IDO) … .

 B.  Article IX, Environmental Protection:  Removing references to Safe Outdoor Spaces (SOS) in the IDO generally expresses the Council’s desire to ensure the proper use and development of land and maintain an aesthetic and humane urban environment City-wide.   

 C. Article XVII, Planning– Section 1: Amending the IDO is an instance of the Council exercising its role as the City’s ultimate planning and zoning authority. The IDO will help implement the Comprehensive Plan and ensure that development in the City is consistent with the intent of any other plans and ordinances that the Council adopts.

      7.  The request is generally consistent with the following, applicable Comprehensive Plan Goals and Policies from Chapter 4: [dealing with] Community Identity:

 A.  Character: Enhance, protect, and preserve distinct communities.

 The request to remove Safe Outdoor Spaces (SOS) from the IDO would generally help to enhance, protect, and preserve distinct communities because it would ensure that SOS are no longer allowed City-wide. However, SOS are only allowed permissively in non-residential zones.

 B.  Identity and Design: Protect the identity and cohesiveness of neighborhoods by ensuring the appropriate scale and location of development, mix of uses, and character of building design.

The request to remove SOS from the IDO would generally help to protect the identity and cohesiveness of neighborhoods because it would ensure that the use is not allowed to be near neighborhoods. There are no use-specific standards or design standards for SOS that would ensure the appropriate scale and location of the use.

 C.  Neighborhoods: Enhance, protect, and preserve neighborhoods and traditional communities as key to our long-term health and vitality [by]

 …  Respecting  existing neighborhood values and social, cultural, recreational resources.

…  Support improvements that protect stable, thriving residential neighborhoods and enhance their attractiveness.

 The request to remove SOS would be consistent in enhancing, protect, and preserving the long-tern health and vitality of neighborhoods because it would remove a use that is temporary, in some instances. A temporary use would not respect neighborhood values because the use is allowable in both Areas of Change and Areas of Consistency. Though only allowable in non-residential zone districts, the use would not stabilize neighborhoods or enhance their attractiveness.

       8. The request is generally consistent with the following, applicable Comprehensive Plan Goals and Policies from Chapter 5 [dealing with] Land Use:

 A. Land Uses: Create healthy, sustainable, and distinct communities with a mix of uses that are conveniently accessible from surrounding neighborhoods.

…  Encourage development and redevelopment that brings goods, services, and amenities within walking and biking distance of neighborhoods and promotes good access for all residents.

… Maintain the characteristics of distinct communities through zoning and design standards that are consistent with long-established residential development patterns.

…  Encourage higher density housing as an appropriate use in the [listed] situations.

 The request to remove SOS from the IDO would generally continue to create and support healthy, sustainable and distinct communities because SOS would no longer be allowed Citywide, which in turn would protect the characteristics of distinct communities. SOS are allowed in a variety of non-residential or MX uses, as well as residential zones when associated with religious institutions, where higher density housing is allowed. By removing SOS as a use, higher density housing will continue to be encouraged on those sites.

 B. Locally Unwanted Land Uses: Ensure that land uses that are objectionable to immediate neighbors but may be useful to society are located carefully and equitably to ensure that social assets are distributed evenly and social responsibilities are borne fairly across the Albuquerque area.

 SOS are currently allowed in all MX zone districts as conditional temporary uses and in NR-C, NR-BP, NR-LM and NR-GM as temporary uses, as well as residential zone districts when associated with a religious institution. The request to remove SOS form the IDO would ensure that SOS as a locally unwanted land use are eliminated, since they are allowed in a variety of zone districts in both Areas of change and Areas of Consistency City-wide.

 C. … City Development Areas: Encourage and direct growth to Areas of Change where it is expected and desired and ensure that development in and near Areas of Consistency reinforces the character and intensity of the surrounding area.

 The request would generally ensure that the character and intensity of development in Areas of Consistency is reinforced by removing SOS from the IDO because the use is currently allowed in areas of consistency with minimal design standards. Furthermore, growth that is desired in areas of change would be generally encouraged in zone districts that SOS are currently allowed on.

      9. The request is generally consistent with the following, applicable Comprehensive Plan Goal and policy pair from Chapter 8 [dealing with] Economic Development:

 Placemaking: Create places where business and talent will stay and thrive.

Available Land: Maintain sufficient land that is appropriately zoned to accommodate projected employment growth in targeted areas.

The request would raise the sufficient land available to accommodate projected employment growth City-side by eliminating Safe Outdoor Spaces. SOS are currently allowed in a variety of non-residential zone districts that could otherwise be developed as businesses.

    10. The request is generally consistent with the following, applicable Comprehensive Plan Goal from Chapter 9: Housing.

 Goal – Homelessness: Make homelessness rare, short-term, and non-recurring.

The request would reduce options to serve people experiencing temporary homelessness by eliminating Safe Outdoor Spaces, places where this population can camp safely, though other options such as shelters and religious institutions, would remain available and would not be affected.

11.  The applicant’s policy analysis shows that the request is generally consistent with applicable Goals and policies in the Comprehensive Plan … .

 … Therefore, the request is generally consistent with the spirit and intent of the Comprehensive Plan.

    12. The affected neighborhood organizations include all registered Neighborhood Associations and organizations city-wide, which were notified as required.

    13.  The applicant has stated that they are submitting this request, in part, due to an abundance of opposition from constituents about the SOS use.

     14.  On September 13, 2022 Staff was contacted by the Westside Coalition of Neighborhood Associations which expressed concerns about keeping SOSs in the IDO and stated that there are many community members in support of the proposed bill.

15.  There are many community members who have come forward with concerns about Safe Outdoor Spaces who are in support of the bill [which will elinate SOS from the IDO].

 CONDITION FOR RECOMMENDATION OF APPROVAL

… The definition of SOS shall remain in the IDO as a term.

[The Environmental Planning Commission (EPC) voted to forward a recommendation of APPROVAL to the City Council for the removal of all references to Safe Outdoor Spaces in the Integrated Development Ordinance.]

Sincerely,

CATALINA LEHERNER

for Alan M. Varela, Planning Director

The link to the unedited EPC decision and findings is here:

https://documents.cabq.gov/planning/environmental-planning-commission/September2022/NOD%20PR-2021-001843_RZ-2022-00043_SOS%20IDO%20Text%20Amendment_Amended.pdf

COMMENTARY AND ANALYSIS

What is clear from the EPC ruling  is that what is now occurring within the city is a prolonged political battle to prohibit Safe Outdoor Spaces from being allowed throughout the city, a battle that is being lost by the public with the Mayor and City Council. This is not just an issue of “not in my back yard” syndrome, but one of hostility and mistrusts of  elected officials, especially Mayor Tim Keller, who are viewed as mishandling the city’s homeless crisis despite millions and millions being spent each year to help the homeless with little or no progress being made by Keller and with the homeless crisis becoming even worse under his 5 years in office.

It is an epic political battle being waged between the city’s elected officials and the general public. On one side of the battle are elected the city’s elected officials of Democrat Mayor Tim Keller and Democrats City Councilors Isaac Benton, Pat Davis and Tammy Fiebelcorn and Republican Trudy Jones and City Departments who feel they know best for the city and public.  All 5 are hell bent on creating “Safe Outdoor Spaces” and cramming them down the public and their constituents’ throats ignoring city ordinances and the city’s housing first policy and without public input and contrary to public opinion.

On the other side of the issue is the general voting public who by all accounts are extremely hostile and who are opposed to temporary homeless tent encampments known as “Safe Outdoor Spaces.”  Notwithstanding the objections of property owners and voters, Keller and the 4 city councilors believe they know best and intend to go forward with Safe Outdoor Spaces.

CITY COUNCILOR JONES LOSES CREDIBILITY WITH CONSTITUENTS

On September 7 when Republican City Councilor Trudy Jones voted not to override Mayor Tim Keller’s veto it was a “flip flop” of epic proportions, and she was downright sneaky in the way she did it by not taking calls from constituents the days leading up to the vote.  During city council discussion, the normally vocal Jones on all thing related to the Integrated Development Ordinance sat stoically and then she voted. Only after she voted no to override Keller did she speak to the media and then gave a very lame excuse for her changed vote when she said:

“It’s the right thing to do. … Sometimes, along the line, you have to stick your neck out and do what’s right, not what is politically expected.”

The links to quoted news sources are here

https://www.abqjournal.com/category/news/abq-news

With her reversal of her position on the Safe Outdoor Space moratorium, Republican City Councilor lost a significant amount of her credibility and public trust with her constituents that she had built up over 20 years of service on the council because of her failure to represent her constituent’s best interests and demands. Rumors are swirling that she cut a deal with Keller, but no one knows for certain, and she has not said.

What is truly amazing is that Jones is a former and successful realtor and in all likely knows the detrimental effect Safe Outdoor Spaces will have on real estate values.  This is the same Republican city councilor who sponsored legislation to stop the homeless from pan handling and who also lives in a gated community where tent encampments will not be tolerated.   The problem is, Trudy Jones will likely have the opportunity to once again go against her own constituent’s demands and refuse to eliminate Safe Outdoor Spaces from the IDO when the new legislation is presented.

A FEW TOOLS NOT NEEDED

Repeatedly, Mayor Tim Keller and his administration have said that Safe Outdoor Spaces are a “tool in the tool box” that is needed in his “all above approach” to deal with the homeless. That is simply false, and tools such as Safe Outdoor Spaces need to be thrown out of the toolbox when it comes to the homeless crisis. The only “real tools” here are our government and elected officials who are promoting an unsustainable policy of Safe Outdoor Spaces.  They ostensibly do not know that government sanctioned encampments are being abandoned by major cities and have been found to be a very bad substitute for permanent housing and services which have the most impact on reducing the homeless crisis.

Cities such as Honolulu, Salt Lake City and Seattle, have abandoned their support of government sanctioned encampment such as Safe Outdoor Spaces and have begun implementing ordinances to remove all encampments to move toward a transitional housing or campus model, programs that have been found to bring physical and fiscal safety to communities while reducing crime.  Some 65 cities across the United States have implemented ordinances to remove all encampments.

https://newmexicosun.com/stories/626700965-there-s-a-better-way-to-serve-the-homeless-sanctioned-encampments-aren-t-it

Mayor Tim Keller created a nuisance with city property when he allowed and condoned the use of Coronado Park as a de facto city sanction homeless encampment. Coronado Park had an extensive history of criminal activity including 4 murders, violent crimes and drug trafficking. Keller himself was forced to announce the closure of Coronado Park on June 27 as a result of the extensive criminal activity and the contamination of the grounds of the park that made it a threat to public safety and use.  Safe Outdoor Spaces will in essence become “miniature” Coronado Parks.

The millions being spent each year by the city to deal with the homeless with the “housing first” policy and new Gibson Gateway Homeless Shelter and the Westside Homeless Shelter should be more than enough to deal with housing the homeless, yet Mayor Keller and the 4 City Councilors demand and want more from the public in the form of Safe Outdoor Spaces.  Then there is that matter that Safe Outdoor Space encampments violating the city’s and Keller’s own “housing first” policy by not providing a form of permanent housing and with reliance on tents as temporary housing.

Safe Outdoor Spaces are not the answer to the homeless crisis. “Safe Outdoor Spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city’s efforts to manage the homeless through housing. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.

The answer is to the homeless crisis is to provide the homeless the support services, including food and permanent lodging, and mental health care needed to allow the homeless to turn their lives around and perhaps become productive self-sufficient citizens.

Given the City Council’s vote on the Safe Outdoor Space moratorium, it is more likely than not that the city council will vote down and NOT to support the EPC recommendation to eliminate all references to Safe Outdoor Spaces. The legislation eliminating from the IDO Safe Outdoor Spaces will likely pass on a 5 to 4 vote and Mayor Tim Keller is expected to veto the legislation.  The council will need 6 votes to override the mayor’s veto. Unless City Councilor Trudy Jones comes to her senses or  has some sort of divine epiphany and changes her mind once again and votes to override Keller’s veto, the override will fail on a 5 to 4 vote and Safe Outdoor Spaces will become law.  This is the type of conduct that results in general public distrust of city government.

Voters and residents are urged to contact and voice their opinion and tell all city councilors to vote YES and support the EPC recommendation to eliminate all references to Safe Outdoor Spaces, or SOSs, in the Integrated Development Ordinance (IDO).   Their phone numbers and email address are:

CITY COUNCIL PHONE: (505) 768-3100

CITY COUNCIL EMAILS

lesanchez@cabq.gov
louiesanchez@allstate.com
bmaceachen@cabq.gov,
ibenton@cabq.gov,
namolina@cabq.gov,
kpena@cabq.gov,
rmhernandez@cabq.gov,
bbassan@cabq.gov,
danlewis@cabq.gov,
galvarez@cabq.gov,
patdavis@cabq.gov,
seanforan@cabq.gov,
tfiebelkorn@cabq.gov,
lrummler@cabq.gov,
trudyjones@cabq.gov,
azizachavez@cabq.gov,
rgrout@cabq.gov,
rrmiller@cabq.gov,
LEWISABQ@GMAIL.COM,
nancymontano@cabq.gov,
cortega@cabq.gov
cmelendrez@cabq.gov

 

Since being sworn into office as Mayor on December 1, 2017, Tim Keller has made dealing with the city’s homeless as a major priority. To that end, Keller has proclaimed an “all the above approach” to deal with the homeless.  Keller says he is willing to consider any ideas to reduce the number of homeless. Keller has implemented the following policies:

1. Increased funding to the Family Community Services Department for assistance to the homeless with $40 million allocated in fiscal year 2021 and $60 million allocated in fiscal 2022 and adopting a “housing first” policy.
2. Advocated for 24/7 homeless shelters including converting the old Westside Jail into a 24/7 homeless shelter and purchasing the Gibson Medical Center for $15 million to convert it into a 24/7 homeless shelter which will serve upwards of 1,000 homeless per day once it’s up and running.
3. Advocating and supporting Safe Outdoor Spaces (SOS) which are city sanctioned homeless encampments with 40 designated spaces for tents that  will allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. Keller set aside $950,000 for the encampments in his 2022 fiscal year budget. Under the Integrated Development Ordinance (IDO), 18 SOS encampments are  allowed, 2 in each council district.  Keller vetoed a one-year moratorium on SOS encampments which was upheld by the city council.  A total repeal of SOS encampments is pending before the city council.
4. Adopted a “no arrest” policy of the homeless for violations of the city’s camping, trespassing and vagrancy laws with an emphasis on citations.
5. Allowed Coronado Park for 5 years to become a “de facto” city sanctioned homeless encampment, which he closed down in August without any plan for dealing with the 75 to 125 homeless that were displaced.

Throughout all of his efforts, Keller has never outlined the actual number or homeless the city has been dealing with over the past 5 years.  Private homeless providers, many who have contracts with the city to provide services to the homeless, consistently claim the city has upwards of 4,500 to 5,000 homeless at any given time. The 4,500 to 5,000 figure is likely inflated and is not supported by the yearly federal government sponsored survey known as the “Point in Time Survey”.

“POINT IN TIME” SURVEY

Each year the “Point in Time” survey is conducted to determine how many people experience homelessness on a given night in Albuquerque, and to learn more about their specific needs. The PIT count is done in communities across the country. The New Mexico Coalition to End Homelessness (NMCEH)  is contracted by the city to do the survey.  NMCEH released the 2022  PIT report breaking down the demographics of the homeless population in Albuquerque.

This blog article  reports on the city of Albuquerque 2022 PIT report statistics citing and editing portions of the report and excludes New Mexico’s and national numbers.  The PIT report is 40 pages long and includes graphs and pie charts outlining the statistics reported.  You can review the entire report at this link:

https://www.nmceh.org/_files/ugd/6737c5_4ecb9ab7114a45dcb25f648c6e0b0a30.pdf

“POINT IN TIME” SURVEY EXPLAINED

The PIT count is the official number of homeless reported by communities to the federal Department of Housing and Urban Development (HUD) to help understand the extent of homelessness at the city, state, regional and national levels.

The PIT count requires the use of the HUD definition of “homelessness”. PIT counts only people who are sleeping in a shelter, in a transitional housing program, or outside in places not meant for human habitation. Those people who are not counted are those who do not want to participate in the survey, who are sleeping in motels that they pay for themselves, or who are doubled up with family or friends

The PIT count includes a “Sheltered Count”, “Unsheltered Count” and a “Transitional Housing Count.”

The Sheltered Count is the count of people experiencing homelessness who are sheltered in emergency shelter and transitional housing on a single night.  Sheltered homeless also include homeless “residing in an emergency a motel paid through a provider or in a transitional housing program.” It does not include people who are doubled up with family or friends.

The Unsheltered are defined as those who encamp in neighborhood open space areas, alleys, parks, high-traffic areas and points of congregation, meal service sites, and general service sites.   The Unsheltered Count uses surveys and street outreach to account for individuals and families experiencing unsheltered homelessness on the night of the count.

The Housing Inventory Count (HIC) is  an inventory of provider programs within a Continuum of Care that provide total numbers of beds and units dedicated to serving people experiencing homelessness.  There are 5  homeless Program Types:

Emergency Shelter

Transitional Housing;

Rapid Re-housing;

Safe Haven

Permanent Supportive Housing.

EVEN – ODD NUMBER OF YEAR SURVEYS

In even numbered years, only sheltered homeless are surveyed. In odd numbered years, both sheltered and unsheltered homeless are surveyed. Only those homeless people who can be located and who agree to participate in the survey are counted.

The PIT count is viewed as a single night snapshot of the homeless. The City of Albuquerque contracts with The New Mexico Coalition to End Homelessness to conduct its annual “Point in Time” (PIT) survey.

Taken together, the Sheltered, Unsheltered, and Housing Inventory counts provide a complete picture of the homelessness response system, with the sheltered and unsheltered counts illustrating the need for services and the HIC illustrating the capacity for providing those services.

2022 POINT IN TIME SURVEY RESULTS

The date selected for the 2022 year’s PIT count was Monday, January 31^st.  From February 1st  to 4^th, The New Mexico Council to End NMCEH) coordinated activities to tally the PIT count.  Unsheltered count data was collected from people experiencing unsheltered homelessness by street outreach teams making personal contact with the homeless and completing surveys.  The “outreach teams” canvassed neighborhoods, alleys, parks, high-traffic areas, known encampments and points of congregation, meal service sites, and general service sites to engage and survey people who identified as being homeless on the night of January 31st.

The SHELTERED COUNT represents all people residing in Emergency Shelters (ES) and Transitional Housing (TH) projects.

(2022 PIT Report, page 4)

The HOUSING INVENTORY COUNT reports each project’s current service capacity in terms of bed and unit inventory and the total number of people enrolled in Permanent Supportive Housing (PSH) and Rapid ReHousing (RRH) on the night of the count.

(2022 PIT Report, page 4)

2009 – 2022 PIT ESTIMATED NUMBER OF HOMELESS 

In even numbered years, only sheltered homeless are surveyed for the PIT survey. In odd numbered years, both sheltered and unsheltered homeless are surveyed. The 2022 PIT report provides the odd number years of shelter and unsheltered homeless in Albuquerque for 8 years from 2009 to 2019 and including 2022:

2009:    2,002

2011:   1,639

2013:   1,171

2015:   1,287

2017:   1,318

2019:   1,524

2021:   1,567

2022:   1,311

The 2022 PIT data breakdown for the unsheltered for the years 2009 to 2022 is as follows:

Chronic homeless:  67%  (homeless 6 months to a year or more)

Veterans:  9%  

First-time homeless:  38%

Homeless due to domestic violence:  16%

Adults with a serious mental illness:  46%

Adults with substance use disorder:  44%

(2022 PIT Report, page 7)

HOMELESS HOUSHOLDS IN EMERGENCY SHELTERS, TRANSITIONAL AND UNSHELTERED  ON JANUARY 31, 2022

The total estimated number of households experiencing homelessness in Albuquerque on January 31, 2022 was broken down into households with one child, without children and with only children in Emergency Shelters, Transitional and Unsheltered.

The total number of households in emergency shelters, transitional housing unsheltered housing on January 31, 2022 was reported as 860.

 (2022 PIT Report Chart, page 6)

 INDIVIDUALS EXPERIENCING HOMELESSNESS IN EMERGENCY SHELTERS, TRANSITIONAL AND UNSHELTERED ON JANUARY 31, 2022

The total estimated number of individuals experiencing homelessness in Albuquerque on January 31, 2022 was broken down into individuals with one child, without children and with only children in Emergency Shelters, Transitional and Unsheltered.

The total number of individuals in emergency shelters, transitional housing unsheltered housing was reported as 1,311.

(2022 PIT Report Chart, page 6)

TOTALS OF SHELTERED, TRANSITIONAL HOUSING, UNSHELTERED HOMELESS ON JANUARY 31, 2022 

The breakdown of homelessness on January 31, 2022 is as follows:

Emergency sheltered:  940

Unsheltered:  197

Transitional housing:  174

COMBINED TOTAL OF HOMELESS:  1,311

DATA BREAK DOWN FOR A CATEGORIES OF UNSHELTERED, EMERGENCY SHELTERED AND TRANSITIONAL HOUSING

The data breakdown for the categories of unsheltered, emergency sheltered, and transitional housing on January 31, 2022is as follows:

I.  UNSHELTERED DATA BREAK DOWN

The Unsheltered are defined as those who encamp in neighborhood open space areas, alleys, parks, high-traffic areas and points of congregation, meal service sites, and general service sites.

A. GENDER OF INDIVIDUALS UNSHELTERED HOMELESS

The unsheltered homeless January 31, 2022 who responded to the question of GENDER identified their gender as follows:

120 identified themselves as male

56 identified themselves as female

2 refused to identify

1 identified as other than singularly female or male

1 identified as transgender

 (2022 PIT Report, page 7)

B.  AGE OF INDIVIDUALS UNSHELTERED HOMELESS

The unsheltered individual homeless on January 31, 2022who responded to the question of their AGE stated their age as follow:

Under 19:  4

20-29:  22

40-49: 66

50-59: 48

60-69:  12

70-79:  6

80-89: 1

Refused to say: 29

(2022 PIT Report, page 8)

C. ETHNICITY OF UNSHELTERED INDIVIDUAL HOMELESS

The unsheltered individual homeless who responded on January 31, 2022 to the question of ETHNICITY stated their ethnicity as follows:

Non-Hispanic: 138

Hispanic/Latin: 105

Data NOT collected: 12

Refused to respond:  9

(2022 PIT Report, page 9)

D. RACE OF UNSHELTER INDIVIDUAL HOMELESS

The individual unsheltered homeless on January 31, 2022 who responded to the question of RACE stated their race to be as follows:

White: 115

American Indian or Alaska Native: 58

Black of African American: 26

Multicultural: 8

Data Not collected: 4

Native Hawaiian or other Pacific Islander: 3

Refused to respond:  50

(2022 PIT Report, page 9)

REASONS UNSHELTER HOMELESS GAVE FOR NOT USINGS SHELTERS

Unsheltered homeless respondents were asked “Why do you not use the shelter system?” Following are the most common reasons given with the numbers that responded:

• “I’m blind and need everyday assistance” (1)
• “Work” (4)
• “I don’t like to be separated from my partner” (4)
• “I’ve never tried” (5)
• “I got kicked out of shelters” (5)
• “It’s my choice/I don’t need it” (6)
• “Pets aren’t allowed” (6)
• “Anxiety around crowds” (9)
• “PTSD from being incarcerated” (9)
• “Transportation” (20)
• “Overcrowded” (21)
• “Unsanitary/fear of getting COVID” (22)
• “Staff Concerns” (23)

 (2022 PIT Report, page 11)

II.  EMERGENCY SHELTERED HOMELESS DATA BREAKDOWN

Estimated number of people living in an unsheltered living condition in Albuquerque during the PIT Counts 2009-2022.

2009: 931

2011: 387

2013: 144

2015: 183

2017: 384

2019: 567

2021: 413

2022: 197

Following is the data breakdown reflecting the number and categories of homeless in emergency shelters in Albuquerque on during the PIT Counts 2009-2022.

Identified as chronically homeless: 341  (36%)

Identified as households without children:  491 (80%)

Identified as veterans:  43 (4%)

Identified as adults with a serious mental illness:  236 (25%)

Adults with substance use disorder: 127 (13%)

Adult survivors of domestic violence:  58 (6%)

(2022 PIT Report, pages 6 and 12)

EMERGENCY SHELTER DATA BREAKDOWN FOR JANUARY 31, 2022

The total emergency shelter reported for January 31, 2020 is 940. 

A. GENDER OF EMERGENCY SHELTERED HOMELESS

The emergency sheltered homeless who responded to the question of GENDER on January 31, 2022 identified their gender as follows:

565 identified themselves as male

371 identified themselves as female: 371

1 identified as “Non-Binary”

3  identified as transgender

(2022 PIT Report, page 12)

B. AGE OF EMERGENCY SHELTERED HOMELESS

The emergency shelter homeless  during the PIT Count on January 31, 2022 who responded to the question of their AGE stated their age as follow:

Under 19:  191

18-24:  45

24+: 704

(2022 PIT Report, page 12)

C. ETHNICITY OF SHELTERED HOMELESS

The emergency shelter homeless on January 31, 2022 who responded to the question of ETHNICITY stated their ethnicity as follows:

Non-Hispanic: 518

Hispanic:  422

(2022 PIT Report, page 13)

D. RACE OF SHELTERED HOMELESS

The emergency sheltered homeless on January 31, 2022 who responded to the question of RACE stated their race to be as follows:

White: 607

American Indian or Alaska Native: 138

Black of African American: 86

Native Hawaiian or Pacific Islander: 19

Asian or Asian American: 4

(2022 PIT Report, page 13.)

III.  TRANSITIONAL HOUSING HOMELESS DATA BREAKDOWN

There were a total of 174 individuals in transitional housing on January 31, 2022

Following is the data breakdown from transitional housing programs data breakdown on January 31, 2022:

53 identified as households without children

18 identified as veterans

15 identified as adults with a serious mental illness

8 identified as adults with a substance use disorder

10 identified as adult survivors of domestic violence

(2022 PIT Report, page 13.)

A. GENDER OF TRANSITIONAL HOUSING HOMELESS

Transitional housing homeless on January 31, 2022 who responded to the question of GENDER identified their gender as follows:

70 identified themselves as male

82 identified themselves as female

21 identified as Non-Binary

1 identified as transgender

(2022 PIT Report, page 14)

B. AGE OF TRANSITIONAL HOUSING HOMELESS

Albuquerque transitional housing homeless on January 31, 2022 who responded to the question of their AGE stated their age as follow:

Under 18:  75

18-24:  32

24+: 67

(2022 PIT Report, page 14 )

C. ETHNICITY TRANSITIONAL HOUSING HOMELESS

Albuquerque transitional housing homeless on January 31, 2022 who responded to the question of ETHNICITY stated their ethnicity to be as follows:

Non-Hispanic: 60

Hispanic: 114

(2022 PIT Report, page 15)

D. RACE OF TRANSITIONAL HOUSING HOMELESS

The transitional housing homeless on January 31, 2022 who responded to the question of RACE stated their race to be as follows:

White: 117

American Indian or Alaska Native: 11

Black of African American: 12

Multiple races:  33

Asian or Asian American: 1

(2022 PIT Report, page 15 )

2021 POINT-IN-TIME (PIT) REPORT

On June 22, 2021, Albuquerque’s 2021 Point-In-Time (PIT) report was released that surveyed both sheltered and unsheltered homeless. In 2021, the PIT survey asked where people stayed the night of January 25.

Major highlights of the 2021 PIT report are as follows:

There were 1,567 sheltered and unsheltered homeless people living in Albuquerque, a slight increase over the 2019 count of 1,524 homeless. The 2020 homeless count is 2.8% higher than in 2019 and 18.9% more than in 2017, despite the pandemic limiting the 2021 counting efforts.

The 2021 PIT count found that 73.6% of the homeless population was staying in emergency shelters, transitional housing or using motel vouchers rather than sleeping in alleys, parks and other “unsheltered” locations. The 73.6% in the 2021 count is much a higher than the 2019 and 2017 PIT counts.

Albuquerque’s unsheltered homeless decreased from 567 people in 2019 to 413 in the 2021 count.

42% of Albuquerque’s unsheltered were defined as chronically homeless, meaning they had been continuously homeless for at least a year and had a disabling condition.

21% said they were homeless due to COVID.

37% were experiencing homelessness for the first time.

12% were homeless due to domestic violence.

30.19% of the homeless in Albuquerque self-reported as having a serious mental illness.

25.5% self-reported as substance abusers.

Note that a whopping 55.69% combined total of those surveyed self-reported as having a serious mental illness or were substance abusers.

The link to quoted statistics is here:

https://www.abqjournal.com/2402560/homeless-numbers-see-little-change.html

https://www.cabq.gov/family/documents/2019-albuquerque-pit-count-final.pdf

2019 AND 2017 POINT-IN-TIME COUNT

According to the 2019 Point-In-Time count, there were 1,524 sheltered and unsheltered homeless people counted in Albuquerque. This is 206 more homeless than the 2017 PIT count that recorded 1,318 homeless people in the city limits.

The 2017 survey found that there were 1,318 people reported experiencing homelessness on the night of the count, which then was an increase of 31 people over the 2015 PIT Count. The 2015 survey count found 1, 287 people reported experiencing homelessness on the night of the count.

For 2017, 379 people self-reported as chronically homeless, which was an increase of 119 people over the 2015 PIT Count. PIT counted 39 more people who self-reported as chronically homeless who were sheltered and 80 more people that self-report as chronically homeless who were unsheltered in 2017. The 2019 PIT report states that most people experiencing unsheltered homelessness in Albuquerque were residents of Albuquerque before becoming homeless.

The link to quoted statistics is here:

https://www.abqjournal.com/1355819/annual-count-shows-citys-homeless-numbers-up.html

https://www.petedinelli.com/2021/07/06/2021-point-in-time-survey-is-yearly-snapshot-of-citys-homeless-we-have-a-moral-obligation-to-help-homeless/

CITY DOWNPLAYS 2022 PIT COUNT

Tony Watkins, the New Mexico Council to End Homelessness, director for homeless assistance, downplayed the 256 fewer homeless found by the PIT survey saying the cold temperatures on January 31 were a factor in this year’s count.  The Albuquerque Department of Family and Community Services, which partners with the coalition on homeless issues, went even further to downplay the report and said in a statement:

“We always appreciate new data from the Point-In-Time count, but we know that it’s an undercount. We need to base our services and solutions on the situation today, not yesterday, or six months ago when the count was taken.”

The link to the quoted news source is here:

https://www.abqjournal.com/2534188/albuquerque-homeless-count-declines.html

CITY’S FINANCIAL COMMITMENT TO THE HOMELSS CRISIS

The Keller Administration has adopted a housing first policy when it comes to dealing with the homeless crisis which also includes funding provided to at least 10 service providers.

During the 2021 fiscal year that ended June 10, 2021, the Family and Community Services Department and the Keller Administration spent upwards of $40 Million to benefit the homeless or near homeless. The 2021 adopted city budget for Family and Community Services Department provides for mental health contracts totaling $4,329,452, and substance abuse contracts for counseling contracts totaling $2,586,302 and emergency shelter contracts totaling $5,688,094, affordable housing and community contracts totaling $22,531,752, homeless support services contracts.

Mayor Keller’s 2022-2023 approved budget that began on July 1, 2023, significantly increased the Family and Community Services budget by $24,353,064 to assist the homeless or near homeless by going from $35,145,851 to $59,498,915. A breakdown of the amounts to help the homeless and those in need of housing assistance contained in the 2022-2023 budget is as follows:

$3,773,860 total for mental health contracts 

$2,818,356 total substance abuse contracts for counseling, up by $288,680 from last year.

$42,598,361 total for affordable housing and community contracts with a major emphasis on permanent housing for chronically homeless.

$6,025,544 total for emergency shelter contracts

$4,282,794 total homeless support services, up $658,581 from last year.

The links  to the adopted 2021-2022 and 2022-23 approved budgets are here:

https://www.cabq.gov/dfa/documents/fy22-approved-budget-numbered-w-hyperlinks-final.pdf

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

GIBSON GATEWAY HOMELESS SHELTER

On April 6, 2021, Mayor Tim Keller announced the city had bought the massive 572,000 square-foot Gibson Medical Center, formerly the Lovelace Hospital for $15 million.   The massive facility is being transformed into a Gateway Center Homeless Shelter. On September 3, 2022, it was reported that the Gibson Gateway Homeless Shelter will open sometime in the Winter of 2022 and that the shelter will assist 1,000 homeless a day and the shelter will be 330 bed homeless shelter.

The first phase of the facility when opened will feature 50 emergency shelter beds exclusively for women. It also includes 20 beds for medical respite, which will provide people without other options, a place to recuperate from illness or injury. It also includes 20 beds for medically supervised sobering. The shelter services will concentrate on serving people picked up by APD police, or other first responders, but who do not belong in the emergency room or jail. That includes those who are intoxicated, dealing with mental illness or “down and outs” as they are commonly described by first responders. The city estimates 1,500 people could go through the drop-off each year. The “dropoff  for the down and outs” will initially have 4 beds.

COMMENTARY AND ANALYSIS

It should come as absolutely no surprise, and it’s downright pathetic, that the City’s Family and Community Services Department and the service providers go out of their way to disparage the results of the PIT report by dismissing it as an “undercount”. The likely reason for downplaying the survey results is that millions of dollars are at stake for the department and the service providers.  Thier dismissive attitude is a reluctance to be questioned or challenged and be held accountable for how much money is being spent and the results they are achieving. What cannot be refuted are the PIT survey statistics over the last 5 years are very consistent and do not support the contention that the City’s homeless count is anywhere near what they are claiming.

The 2022 point in time survey when compared to the surveys taken 2021, 2019 and 2017 is by far the better of the surveys given the depth of information provided when comes to individual and households of homeless, gender, age and ethnicity who are sheltered, in transitional housing, or who are unsheltered.  The surveys taken together provide an in-depth analysis of the city’s homeless crisis.

A major and surprising takeaway of the past 4 surveys is the actual number of the city’s homeless has hovered between 1,311 to 1,567 over the last 5 years as follows:

2017:   1,318

2019:   1,524

2021:   1,567

2022:   1,311  

The 1,311 figures in the 2022 PIT report is the lowest number of unsheltered reported for the last 5 years.  According to the 2022 PIT report there were 256 fewer homeless in January 2022 than in January 22.  This is very surprising given the public perception that the homeless crisis has only gotten worse in the city under Mayor Tim Keller.

It is not a crime to be homeless. The city does have a moral obligation to help the homeless, especially the mentally ill and the drug addicted, and it is doing so with the huge financial commitment that is being made with services and shelter.  Even though as a community there is a moral obligation to help the homeless, that does not give the homeless the right to trespass, camp and break vagrancy laws whenever they want and wherever they want.

The biggest and likely reason for the perception in the increase of the homeless is that the homeless have become far more visible to the public and far more aggressive where they illegally camp in parks, on streets, in alleyways and in city open space areas.   Mayor Tim Keller bears most of the responsibility for the homeless crisis becoming far more visible in that over the last 4 years the city and the Albuquerque Police Department under Keller’s orders did not enforce the city’s trespassing, vagrancy and nuisance abatement laws when it comes to the homeless. Keller essentially took a hands-off approach to deal with the homeless when it came to enforcing the city’s ordinances and laws as they relate to the homeless.

HOMELESS ARE MORE VISIBLE BECAUSE OF NO ARREST POLICY

In 2017 the city entered into a stipulated settlement agreement in the McClendon federal case where the city agreed that people accused of nonviolent misdemeanors such as shoplifting, petty larceny and prostitution will not be arrested where there are no circumstances requiring an arrest. The primary reason for the settlement was to prevent jail overcrowding. It had nothing to do with the homeless.

When it comes to “homeless crimes”, such as illegal camping, criminal trespassing and loitering, Mayor Keller took the APD “no arrest” policy a major step further which was ill advised. Keller and APD adopted a policy that arrest was very last resort to deal with the homeless and citations would be the strict policy.

At one point, police discretion to make arrests of homeless was taken away from APD.  The Family Community Service Department was given authority over APD to decide what homeless would be arrested and when, relegating APD to the role of public safety officers.  APD was allowed to make arrests of the homeless when the circumstances warranted such as the commission of felony.  The policy giving the Family Community Service Department authority over APD policy was later withdrawn.

CORONADO PARK  

The mayor’s policies dealing with the homeless changed when Keller was essentially forced to close Coronado Park and displacing upwards of 125 homeless.   Mayor Tim Keller created a nuisance with the city property when he allowed and condoned the use of Coronado Park as a “de facto” city sanction homeless encampment.

Coronado Park had an extensive history of criminal activity including 4 murders, violent crimes and drug trafficking. Keller himself was forced to announce the closure of Coronado Park on June 27 as a result of the extensive criminal activity and the contamination of the grounds of the park that made it a threat to public safety and use.

SAFE OUTDOOR SPACES TOOL NOT NEEDED

Repeatedly, Mayor Tim Keller and his administration have said that Safe Outdoor Spaces are a “tool in the toolbox” that is needed in his “all above approach” to deal with the homeless. That is simply false, and tools such as Safe Outdoor Spaces need to be thrown out of the toolbox when it comes to the homeless crisis. The only “real tools” here are our government and elected officials who are being used to promote an unsustainable policy of Safe Outdoor Spaces. Ostensibly, they do not know that government sanctioned encampments are in fact being abandoned by major cities and have been found to be a very bad substitute for permanent housing and services which have the most impact on reducing the homeless crisis.

Cities such as Honolulu, Salt Lake City and Seattle, have abandoned their support of government sanctioned encampment such as Safe Outdoor Spaces and have begun implementing ordinances to remove all encampments to move toward a transitional housing or campus model, programs that have been found to bring physical and fiscal safety to communities while reducing crime.  Some 65 cities across the United States have implemented ordinances to remove all encampments.

https://newmexicosun.com/stories/626700965-there-s-a-better-way-to-serve-the-homeless-sanctioned-encampments-aren-t-it

The millions being spent each year by the city to deal with the homeless with the “housing first” policy and new Gibson Gateway Homeless Shelter and the Westside Homeless shelter should be more than enough to deal with housing the homeless, yet Mayor wants more from the public in the form of Safe Outdoor Spaces.  Then there is that matter that Safe Outdoor Space encampments violate the city’s  and Keller’s own “housing first” policy by not providing a form of permanent housing and with reliance on tents as temporary housing.

Safe Outdoor Spaces are not the answer to the homeless crisis. “Safe Outdoor Spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city’s efforts to manage the homeless through housing. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.

The answer to the homeless crisis is to provide the homeless the support services, including food and permanent lodging, and mental health care needed to allow the homeless to turn their lives around and perhaps become productive self-sufficient citizens.

The millions being spent each year by the city to deal with the homeless with the “housing first” policy and new Gibson Gateway Homeless Shelter and the Westside Homeless shelter should be more than enough to deal with housing the homeless. Then there is that matter that Safe Outdoor Space encampments violate the city’s  and Keller’s own “housing first” policy by not providing a form of permanent housing and with reliance on tents as temporary housing.

Safe Outdoor Spaces are not the answer to the homeless crisis. “Safe Outdoor Spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city’s efforts to manage the homeless through housing. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.

RESET OPPORTUNITY

Mayor Tim Keller should consider the 2022 PIT report as a reset opportunity. The report found that the total individual unsheltered is 197 homeless which should be manageable by law enforcement.  It is likely these are those who refuse to accept any kind of assistance and want to be left alone. Given the upwards of $100 million being spent over two years and the opening of the Gibson Homeless Shelter, Keller has no excuse in dealing with the 197 unsheltered.

Unlawful encampment homeless squatters who have no interest in any offers of shelter, beds, motel vouchers from the city or alternatives to living on the street and want to camp at city parks, on city streets in alleys and trespass in open space give the city no choice but to make it totally inconvenient for them to “squat” and force them to move on or be arrested by APD.

On July 30, Dawn Legacy Point filed the first application ever for a ‘Safe Outdoor Space’ homeless encampment. “Safe outdoor spaces”  are city sanctioned homeless encampments with 40 designated spaces for tents that  will allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered.  The Dawn Legacy Point application was approved despite a City Council resolution  to repeal and prohibit the land use now allowed by the Integrated Development Ordinance (IDO).  On Thursday, September 15, the City Environmental Planning Commission (EPC) voted to recommend to the city council to pass the city council resolution to eliminate “Safe Outdoor Spaces” from the Integrated Development Ordinance (IDO).

The Dawn Legacy Point homeless encampment is intended to provide accommodations for upwards of 50 women who are homeless and who are “sex-trafficking victims” and other vulnerable populations.  The homeless encampment  is  to be located on vacant land at 1250 Menaul Blvd, NE which  consists  of two large parcels of property owned by the city with an assess value of $4,333,55.

On August 8, the City Planning Department approved the  Dawn Legacy Point application for a Safe Outdoor Space homeless campsite at 1250 Menaul, NE. Seven appeals  of the Dawn Legacy Point Safe Outdoor Spaces homeless tent encampment have been filed. The appellants are  asking the City Planning Department to reverse its decision and deny the Safe Outdoor Space application of Dawn Legacy.

The 7 appellants are:

1. Martineztown Santa Barbara Neighborhood Association
2. Menaul Middle School
3. Life Roots
4. Reuele Sun Corporation, a participant in the Menaul Redevelopment Area
5. Crown Plaza Hotel, a participant in the Menaul Redevelopment Area
6. T-Mobil Cell Phone Call Center
7. Sunset Memorial Cemetery
8. Greater Albuquerque Hotel and Lodging Association

The City of Albuquerque Land Use Hearing Officer has now scheduled a hearing on all 7 of the above appeal cases on Wednesday, September 28, 2022 at 9:00 am in the Vincent E. Griego Chambers at the Albuquerque/Bernalillo County Government Center, One Civic Plaza NW, Albuquerque, NM 87102. The general public is encouraged to attend this hearing as a sign of support to the appealants.

Despite the appeals, sources have confirmed that on August 21 the City began preparing the property for the homeless tent encampment.

ALBUQUERQUE JOURNAL GUEST COLUMN

 On September 20, the Albuquerque Journal published guest column written by Loretta Naranjo Lopez, the President of the Martineztown Santa Barbara Neighborhood Association,  one of the appellants of the of the approved Dawn Legacy Point “Safe Outdoor Space” application for 1250 Menaul, NE.  Naranjo Lopez is a retired City of Albuquerque employee having served upwards of 30 years with the Planning Department and the Zoning Enforcement department and she has an extensive background in the city’s zoning laws.  Below is the Albuquerque Journal guest column followed by the link:

HEADLINE: Fast-tracked Safe Outdoor Spaces are discriminatory

BY  Loretta Naranjo Lopez,  Albuquerque resident
PUBLISHED: TUESDAY, SEPTEMBER 20TH, 2022 AT 12:02AM
 

“The Albuquerque Journal’s Aug. 21 report, “Appeal targets first approved safe outdoor space,” failed to report in any detail the legitimate grounds the Santa Barbara Martineztown Neighborhood Association has in asking the city to reverse its approval of the Dawn Legacy Pointe “safe outdoor space” homeless encampment for women who are sex-trafficking victims. The article was … a biased regurgitation of the applicant’s justification for the homeless encampment.

The application approved by the city was as sneaky and underhanded as it gets. The application was “fast tracked” by the Planning Department to approve the application just eight days before the City Council repealed the Safe Outdoor Spaces zoning use on Aug. 16. The city failed to notify the neighborhood association of the application and failed to allow the neighborhood association to give input on how the neighborhood will be detrimentally affected.

The Planning Department unilaterally approved the application behind closed doors without notice to neighborhood associations or businesses or public hearing or input. The city gave preferential treatment to the applicants, working with them to identify city-owned property to be used and with the city agreeing to fund operating costs and not affording others the same opportunity.

… The security plan offered and approved by the city for the homeless camp is defective and insufficient for the campsite to ensure safety of the homeless and surrounding landowners and businesses.

The operation of the encampment will have a detrimental impact on the Martineztown-Santa Barbara neighborhood. It will adversely affect property values and interfere with residents’ peaceful use and enjoyment of their properties. Occupants will not be confined during the day and will be free to go and come as they please and will wind up uninvited in the neighborhoods.

The Planning Department’s approval of the application is akin to Mayor Tim Keller allowing Coronado Park to become the city’s de facto city sanctioned homeless encampment in violation of the city’s own public nuisance laws and city ordinances. The encampment will be a magnet for crime, prostitution or illicit drug trade. …

The Martineztown-Santa Barbara Neighborhood is sick and tired of the blatant discrimination and racism it has experienced for decades from the outright neglect the city has shown toward the neighborhood. The city has imposed on its residents methadone clinics, has failed to address rising crime rates, failed to provide adequate police protection, failed to provide city facilities like a community center and has allowed property destruction and filthiness throughout the neighborhood. The residents are under siege by the homeless displaced from Coronado Park and now the city wants to allow a safe outdoor space on city-owned property … to house women in tents who will likely be victimized again at the homeless encampment.

https://www.abqjournal.com/2533679/fasttracked-safe-outdoor-spaces-are-discriminatory.html

COMMENTARY AND ANALYSIS

The location of 1250 Menaul Blvd, NE for a city sanctioned homeless tent encampment for victim of sex trafficking is very troubling and has the potential of becoming a magnet for crime, prostitution or illicit drug trade. To be blunt, it’s just plain nuts for the city to allow it.

It’s located in close proximity to a truck stop known amongst law enforcement for prostitution and illicit drug activity.  It’s directly across the street from a major call center, a motel suite and is walking distance of Menaul Boarding School and apartments. Occupants of the ‘Safe Outdoor Space’ will not confined and would be free to go and come as they pleased and could easily wind up uninvited wherever they want to go. This includes the truck stop and disrupting the peaceful use and enjoyment at nearby locations or engaging in illicit activity.

Victims of sex trafficking need permanent housing that is a safe place to live and be provided with far more stable housing than a tent in an open area.  Forcing victims of sex trafficking to live in tents is nothing more than victimizing them again and its inhumane. What is being created at 1205 Menaul, NE is a location for victims to become victims once again. There is no common sense to it at all.  Mayor Tim Keller holds himself out as a progressive and has made housing of the homeless a top priority, yet ostensibly he has no problem with a Safe Outdoor Space to be use for victims of sex-trafficking. 

The millions being spent each year by the city to deal with the homeless with the “housing first” policy should be more than sufficient to deal with housing the homeless. Safe Outdoor Space encampments violates the city’s “housing first” policy by not providing a form of permanent housing and with reliance on temporary housing.

Safe Outdoor Spaces are not the answer to the homeless crisis. “Safe Outdoor Spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city’s efforts to manage the homeless through housing. The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed.

The answer is to the homeless crisis is to provide the homeless the support services, including food and permanent lodging, and mental health care needed to allow the homeless to turn their lives around and perhaps become productive self-sufficient citizens. Ten encampments are nothing short of inhumane treatment of the homeless.