On August 16, during a meeting of the New Mexico Legislative Finance Committee (LFC)  held in Chama, New Mexico, legislators were told by LFC executive economists the state would  have a staggering projected $2.5 billion in “new” money during the 2023 budget year that starts on July 1, 2023. The term “new money” is the amount that represents the difference between forecasted revenue and current spending levels. The total revenue was forecasted to rise from $9.2 billion in the fiscal year that ended on June 20, 2022 to nearly $10.9 billion for 2023.

On December 12, the Legislative Finance Committee released its Consensus Revenue Estimate for fiscal year 2024 which begins July 1, 2023. It was reported that New Mexico’s revenues have ballooned even further with the  state’s revenues from oil and gas production increasing at record levels.  The new estimates released project the state will have an astonishing $3.6 billion in “new” money available for the budget year that starts on July 1, 2023.

The link to the Consensus Revenue Report is here:

Click to access ALFC%20121222%20Item%201%20General%20Fund%20Consensus%20Revenue%20Estimate%20December%202022.pdf

During the last two years, New Mexico’s revenue levels have steadily increased due to surging oil and natural gas production. The spike in revenue is expected to continue over the coming year.  According to the Consensus Revenue Report  the latest projections by fiscal year for the last 2 full years are:

2022 – $9.7 billion, up from $9.2 billion in August
2023 – $10.8 billion, up from $9.8 billion in August
2024 – $12 billion, up from $10.9 billion in August

EXECUTIVE SUMMARY

An  edited Consensus Revenue Report Summary reports as  follows:

Recurring revenues for Fiscal Year 2022 were $9.675 billion, up $1.59 billion, or 19.7% , from Fiscal Year 2021. Revenue strength is the result of sustained high inflation raising expectations for gross receipts tax and income tax collections. Additionally, consumer spending has remained strong, wage growth has been robust, and high oil and gas revenues are supported by global supply-side constraints raising prices and encouraging production expansion.

Oil and gas revenue strength is pushing severance tax and federal royalty collections higher above their five-year averages, resulting in larger transfers to the early childhood trust fund than was expected in August and boosting the amount reaching the general fund throughout the forecast horizon. Estimated recurring revenues for Fiscal Year 2023 are $10.775 billion, up $928 million from the August estimate. Fiscal Year 2024 recurring revenues are estimated at $11.994 billion.

“New money,” or projected recurring revenue for the coming fiscal year less current year recurring appropriations, is estimated at $3.591 billion for Fiscal Year 2024, or 42.7%  growth from the Fiscal Year 2023 recurring budget. General Fund Reserves and Transfers of Above-Trend Revenue. Including federal stimulus funds of $1.069 billion and nonrecurring legislative expenditures of $902.9 million, Fiscal Year 2022 total revenues are estimated to be $1.16 billion more than Fiscal Year 2022 appropriations.

Non-ARPA general fund revenues exceeded general fund appropriations by $706.5 million which will be transferred to the operating reserve and the tax stabilization reserve fund. The general fund financial summary detailed in attachment 1 illustrates the impact of the December 2022 revenue estimates on reserve levels. Ending reserve balances for Fiscal Year 2022 are estimated at $3.68 billion, or 49.3%  of recurring appropriations. Because total reserve balances exceed 25%  of recurring appropriations, the excess of the five-year average of oil and gas school tax collections –$1.34 billion – will be deposited into the early childhood education and care trust fund instead of the tax stabilization reserve.

Fiscal Year 2023 ending reserve balances are estimated at $5.22 billion, or 62.2%, prior to any legislative action in the 2023 session. Again, because reserves are expected to exceed 25% of recurring appropriations in Fiscal Year 2023, excess oil and gas school tax collections, estimated at about $1.25 billion, will flow into the early childhood trust fund. Additionally, excess federal oil and gas royalty payments above the five-year average, estimated at about $1.92 billion in Fiscal Year 2023, will flow into the early childhood trust fund.

… .

… [E] nergy companies in New Mexico have continued to drill at production
expanding rates, as well as increasing the productivity per well, breaking
production records each month.

Although falling prices would generally reduce tax revenues, production levels
are more than offsetting price declines leading to record levels of severance
taxes and federal royalty payments. About 62%  of the general fund
forecast growth in FY23 is from severance taxes and federal royalty payments
as well as about two-thirds of the of the general fund growth forecasted in
FY24.”

DOUBLED REVENUES IN SEVEN YEARS

If the projected revenue levels if fact materialize in 2023-2024 budget year, it will mean New Mexico’s total revenues would have more than doubled over the last 7 years.

The $3.6 billion of additional revenues are not the only amounts that will be available for spending in the upcoming fiscal year. It was also reported that roughly $310 million in allocated budget dollars went unspent during the most recent fiscal year. This funding is available due to federal pandemic funds being used to supplant state dollars.

Revenue and Taxation Secretary Stephanie Schardin Clarke said this about the new revenue forecast:

“The December forecast indicates New Mexico is still in a solid position fiscally. … The strong revenues we’ve seen over the past couple of years allowed us to deliver significant tax relief to New Mexicans and still maintain historically high reserves to protect against unforeseen shocks.”

OIL AND GAS REVENUES SOURCE OF SURPLUS

Revenue from the oil and gas industry makes up nearly 40% of direct state revenue.  Over the last two years, oil and gas production in the state has increased dramatically making the state more reliant than ever on both industries.  According to the legislative economists, upwards of two-thirds of New Mexico’s revenue for the coming budget year is expected to come from revenue derived from the oil and gas industries.

The overwhelming primary source of the increased revenues is from oil and gas productions.  New Mexico has become the nation’s second-highest oil producer in the country behind the state of Texas.  It is advances in oil field production technology, like horizontal drilling, that have resulted increased production levels.  Aztec Republican State Senator Steven Neville cautioned the committee that if oil prices were to drop significantly for a prolonged period of time period, which has happened in the past,  it could torpedo the state’s revenue collections and he said this:

“If that drilling stops, our revenues will plummet fairly quickly.”

REACTION TO SURPLUS

In August, Gallup Democrat Senator George Muñoz called the $2.5 billion in additional revenues a “once-in-a-century” opportunity and said at the time:

“If we want to really change, for once and for all, and keep our commitment to reducing tax rates, lowering the [gross receipts tax and] making New Mexico competitive with other states, this is one of the greatest opportunities we could have. … You can change the complete path of this state … Your phones are going to be ringing off the hook [with demands on how to use the new revenues].”

On December 12, Muñoz had this to say about the $3.6 billion increased revenues:

 “With this revenue forecast, there’s an opportunity knocking at our door. … No one in our state’s history has ever had this opportunity.”

Cabinet Secretary Debbie Romero of the Department of Finance and Administration told the LFC that risks exist to the record-high revenue forecast.  Those risks include supply chain shortages and the ongoing Russian invasion of Ukraine. She also suggested to limit future spending obligations.  She urged lawmakers to target spending during the upcoming legislation session to one-time needs like water projects, rural health care and broadband expansion.  Romero said this:

“Those are the once-in-a-lifetime things we should invest in while not growing our recurring budget.”

WHAT TO SPEND SURPLUS ON

The 60-day legislative session is scheduled to begin on January 17, 2023.  Governor Lujan Grisham and the New Mexico Legislature will over the next month decide how to spend the surplus.  The Governor and the New Mexico  Legislature will release their own, separate,  proposed budgets and spending plans in early January before the start of the 60-day session.  Budgets will be drafted based on the revenue projections and will include how much in reserves for any possible future budget shortfall.  During the legislative session, there will be a consolidation and a consensus budget formulated that lawmakers will then approve for the fiscal year that will start on July 1, 2023 and end June 30, 2024.

Discussions are seriously underway on how to spend the record-high revenue during the 60-day legislative session. Those discussion include approving tax relief for New Mexicans, additional teacher salary increases and other initiatives.

Although Lujan Grisham has not yet released a full spending plan for the coming year, the governor has highlighted recent investments in affordable housing, education, public safety and health care.  She has said she would push for funding during the upcoming 60-day session to provide free school meals to all New Mexico public school students. In a statement, Lujan Grisham said this:

“Our fiscal success will enable us to double down on the investments we know are working and explore innovative new strategies that move the needle and move New Mexico up in the rankings.  …   I need more investments in public safety.”

Top budget and finance officials in Lujan Grisham’s administration are urging lawmakers to use the windfall on one-time expenditures due to the risk of future revenue dips.

Los Alamos Democrat Representative Christine Chandler suggested the surplus be used for “A fund that supports water management and water infrastructure in the state.”

Rio Rancho Republican Representative Jason Harper suggested the surplus be used for “Roads, water projects. … That could go a long way to help the state.”

GOVERNOR MLG BUYS INTO REPUBLICAN POLITCAL DOGMA

Ignoring her top budget and finance officials to use the windfall on one-time expenditures, Governor Lujan Grisham is pressuring the legislature to provide more financial relief in the form of  rebates with the increased revenue estimates. New Mexico legislators this year already used the state’s revenue windfall to provide tax rebates of  $750 to individuals and up to $1,500 per household and to cut the state’s gross receipts tax rate.

The New Mexico’s gross receipts tax rate was cut by an 8th of 1%  starting July 1, 2022 and increased to a quarter-percent reduction on July 1, 2023. The problem is that the Gross Receipts Tax (GRT) rate varies throughout the state from 5.125% to 9.4375%.  It varies because the total rate combines rates imposed by the state, counties, and, if applicable, municipalities where the businesses are located. Businesses collect and pay the total Gross Receipts Tax they collect to the state, which then distributes the collected taxes imposed by counties’ and municipalities’ to them.  The net result is that the Governor’s  state tax cut was meager at best, it was viewed as more of a political ploy to get bragging rights in an election year that  she cut taxes,  and it  resulted in negligible tax savings to individual consumers of about $25 a year.

https://www.tax.newmexico.gov/governments/gross-receipts-tax/

Republican William Sharer of Farmington, told the LFC “now is the time for real tax reform.”  However, tax cuts now will mean less money available in future years, especially if the current oil and gas revenues decline.

Governor Lujan Grisham has shown a major interest in more tax rebates and that is getting support from both Democrats and Republicans. Lujan Grisham spokeswoman Nora Meyers Sackett said this:

“The governor has been working for several months to urge the Legislature to support using a portion of the one-time funds to deliver another rebate to New Mexicans as they continue to experience high costs due to inflation”.

The link to the quoted news source is here:

https://www.abqjournal.com/2557256/state-windfall-could-prompt-tax-rebates-ex-gov-lujan-grisham-pushes.html

The specific size and scope of the rebates are under negotiation.  The rebates will likely be the same as they were earlier this year with  $750 per taxpayer or $1,500 per married couple filing jointly.  The cost of such a package could exceed $1 billion.

Lujan Grisham’s interest in tax rebates represents a shift in position. During the campaign, Republican for Governor Mark Ronchetti proposed to make annual rebates automatic if the surplus grew by a certain amount, while  Governor MLG and the Democrats wanted to  have a say approving rebates. Lujan Grisham criticized Ronchetti’s proposal arguing his plan would lead to future budget cuts for New Mexico public schools.

However, because of the dramatic spike in revenues now being projected, the governor’s rebate would still leave the state with more than enough money to spend in other areas or  to set aside for future years.  Ronchetti came out with this nasty little, bitter reaction to Lujan Grisham’s change in position:

“Mark Ronchetti @MarkRonchettiNM · When we proposed giving a portion of the massive surplus back to tax payers the governor ran an ad saying we would have to cut funding for education and police to do it. Clearly that was a lie.” 

 Democrat Christine Chandler had this to say about the proposed rebates:

“This would be a way to help assist families address some of the inflationary pressures that they’ve been feeling these last several months.”

Belen Republican Senate Minority Leader Greg Baca said the proposed rebates mark a rare policy agreement between himself and the governor. Baca said this:

“Good governance starts with remembering that there is no such thing as extra money, only taxpayer money. …  I believe those that earn that money are those best suited to spend it.”

Republicans also want to restructure how the state collects taxes. As it stands, there is a “layered” or stacked system of gross receipts tax where taxes are paid  on every purchase made and  manufacturers must pay a tax on each of the  materials they buy to make their products.  Some lawmakers are proposing getting rid of taxation on materials used for manufacturing and only taxing the sale of the final item sold. Aztec Republican State Representative Ryan Lane said this:

“Now is the time to make major changes to an antiquated tax system.”

Los Alamos Democrat Representative Christine Chandler, who is the chairwoman of the House Taxation and Revenue Committee, said there would still be funding left over after approving rebates to pay for changes to the state’s tax code. However, she noted rebates do not provide lasting financial relief for New Mexicans but are appealing because they do not encumber the state for future years. Chandler said this:

“I think it’s a reasonable approach for dealing with the unprecedented revenue levels that we have.”

Rio Rancho House Minority Whip Jason Harper said he would back an additional round of rebates and said this:

“In principal, this is the taxpayers’ money and returning some of that to them [in the form of rebates] is something I’m very supportive of. … [Tax code changes also afford]  an incredible opportunity to make some lasting change.”

https://www.krqe.com/news/politics-government/governor-eyeing-another-round-of-new-mexico-tax-rebates-in-2023/

FUNDING FROM CONSTITUTIONAL AMENDMENT FOR EARLY CHILDHOOD PROGRAMS NEEDS CONGRESSIONAL APPROVAL

The surplus revenue will also translate into huge infusion of funding into several state trust funds. In particular the “Early Childhood Trust Fund” pushed for creation by the Governor in 2020  is projected to have its balance surge to nearly $5.4 billion by the end of the current fiscal year  and more than $7.8 billion by the end of next year.

Gallup Democrat State Representative Patricia Lundstrom, the LFC’s chairwoman, said during the LFC hearing that legislation will be proposed to add additional beneficiaries to the Early Childhood Trust Fund such as behavioral health treatment programs.

In addition to the $3.6 billion of additional revenues, the New Mexico legislature will also have the additional revenue that will be generated by the passage of the Constitutional Amendment for Early Childhood programs. On November 8, the New Mexico Constitutional Amendment passed by a landslide on 70.34% YES vote to a 29.66% NO vote.  A “yes” vote supported allocating 1.25% more in funding from the Land Grant Permanent Fund (LGPF) to early childhood education and the public school permanent fund.  Passage of the constitutional amendment makes New Mexico the first state to guarantee a right to early childhood education while directing substantial, steady funding to child care and early education.

The funding will not be a one-time infusion, but a steady stream of about $150 million a year for early childhood programs. It could very well allow New Mexico to achieve a system of free child care and preschool for all state residents.

“New Mexico voters didn’t just approve the allocation of more dollars. They changed their constitution so that it now enshrines a right to education for children ages zero to five alongside the previous guarantee for children in grades K-12, making it the first state with such a guarantee.”

Links to quoted news sources are here:

https://ballotpedia.org/New_Mexico_Constitutional_Amendment_1,_Land_Grant_Permanent_Fund_Distribution_for_Early_Childhood_Education_Amendment_(2022)

https://earlylearningnation.com/2022/11/new-mexico-is-the-first-state-to-guarantee-a-right-to-early-childhood-education-universal-child-care-could-come-next/

What is not commonly known by the general public is that congressional approval of New Mexico’s voter-backed plan to tap more heavily into the permanent school fund must be approved by Congress before New Mexico can fully tap into the extra funds, estimated to total $236 million in the next fiscal year.  Congress could leave Washington as soon as December 23 with a new, Republican controlled House taking over on January 3.

Senator Martin Heinrich and Representatives Melanie Stansbury and Teresa Leger Fernández are urging outgoing Republican Representative Yvette Herrell, who lost her reelection bid to Gabe Vasquez,  to help secure final passage of the plan before adjournment and before she leaves office. As a state legislator in 2018, Harrell opposed the permanent fund proposal.

Supporters of the measure are pushing for Congress to add a one-sentence approval of the permanent fund changes to an end-of-the year spending bill expected to be adopted in the final days of this year’s congressional session. Failure to approve the New Mexico legislation before then would not necessarily be fatal. But supporters would have to start over in the new session, delaying consideration of the measure.

https://www.abqjournal.com/2558057/martin-heinrich-others-call-on-yvette-herrell-to-support-voter-backed-education-plan.html

COMMENTARY AND ANALYSIS

The upcoming 2023 New Mexico legislative session that begins January 17 is a 60-day session.  Debate is now hot and heavy on how to spend the historic surpluses.  There is indeed a lengthy list on what the surplus can be spent upon. The list includes:

Major infrastructure needs such as roads and bridge repair, funding for wastewater projects, dams and acequia projects, the courts, law enforcement  and the criminal justice system, funding for our behavioral health care system, job creation endeavors,  economic development programs, funding for the Public Employee Retirement funds to deal with underfunded liabilities and benefits are all likely topics of discussion during the upcoming 2023 legislative session. All merit serious consideration and funding with the historic surplus.

In March of 2022, A KRQE investigation revealed the ongoing challenges New Mexico’s state road officials and some county officials are dealing with in taking care of some of New Mexico’s ailing bridges. Dozens of bridges across some of the most rural parts of the state are rated in either poor or critical condition, requiring millions of dollars to repair or replace.  It will cost an estimated half-billion dollars just to bring all of the state’s bridges up to fair condition. New Mexico is getting millions of dollars in federal funding to help repair roads, bridges and tunnels in the state. In fiscal year 2023, $549.4 million is going toward the sate and be used to fund different programs aimed at improving safety and reducing carbon emissions. The funding comes from the Bipartisan Infrastructure Law that gives $59.9 billion in fiscal year 2023 to states across the country.

https://www.krqe.com/news/larry-barker/are-new-mexico-bridges-safe/

https://www.krqe.com/news/larry-barker/behind-the-story-new-mexico-bridge-safety/

https://www.krqe.com/news/new-mexico/almost-550-million-heading-to-new-mexico-for-infrastructure-improvements/

Public education is always at the top of the list for funding. However, public education  is a reoccurring expenditure that must rely on continuing taxation. During her first term, Govern Lujan Grisham undertook to fully fund the state’s efforts to reform the State’s public education system and she was highly successful.  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.  An Early Childhood Trust Fund of $320 million was also created.  The base pay for teachers has been  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.

Given the enormous amounts the state is now spending on education and what the state will be spending because of the enacted constitutional amendment, the $3.8 billion surplus would be better spent elsewhere and not on public education.

MAJOR CAPITAL OUTLAY PROJECTS SHOULD BE IN THE MIX

Whenever surpluses in state revenues occur, such as this year especially, Republicans always begin to salivate and proclaim all taxation is bad and that rebates and tax reform are desperately needed and the only way to go. The Republican tired and old political dogma  has always been that tax revenues are the people’s money and anything in excess of what is actually needed over and above essential government services should be returned to the taxpayer. It is a short-sighted philosophy believing that only essential, basic services should be funded with taxpayer money such as public safety.  If that were the case, there would be no public libraries, no museums, no zoos, no mass transit expansions and no memorial monuments.  It appears that Governor Lujan Grisham has bought into the Republican political dogma.

It’s laughable or at the very least shows a level ignorance  when  Republican Senate Minority Leader Greg Baca  says  “Good governance starts with remembering that there is no such thing as extra money, only taxpayer money. …  I believe those that earn that money are those best suited to spend it.”   The truth is  62%  of the general fund forecast growth in FY-23 is from severance taxes and federal royalty payments and not from personal income taxes as well as about two-thirds of the of the general fund growth forecasted in FY-24.

The reality is that most if not all of the major priorities being identified for the 2023 legislative session will require reoccurring funding and revenues from taxation. What all too often is totally ignored because lack of revenues are major capital outlay projects that are for the benefit of the general public and that improve the overall quality of life. Roads and water projects are such priorities, but are not exclusive.

Given the sure magnitude of the surplus, it is likely municipalities, citizens and interest groups will be asking for funding for special capital projects such as swimming pools, parks, recreation facilities, sport facilities, such soccer stadiums, and entertainment venues.  The Governor and the legislature should listen and fund such projects while they can.

For the last two years, the New Mexico United soccer team has been trying to get taxpayer money to build a soccer stadium. In 2020, the soccer team was able to secure $4 million in state funds.  In 2021, Albuquerque taxpayers were asked to support a bond to pay for the stadium, but it was rejected. With a $3.8 in surplus revenue, the legislature should consider fully funding the facility which will be about $16 million.

Other major capital outlay facilities  and projects  that has been discussed for decades is improving the New Mexico State Fair and all of its aging facilities.  In particular, demolishing the 60-year-old Tingly Coliseum and building a multipurpose entertainment and sports facility with the capacity of upwards of 20,000  has been a dream of many a Governor, State Fair Commission and Fair Managers.

On February 25, 2019 it was reported that there is a need for such a facility and EXPO New Mexico was in  the final stages of conducting a feasibility study on the construction of a new arena on the state fairgrounds.  Tingley Coliseum has been around since 1957 with capacity for 11,000. Over the years it’s been remodeled and upgraded but it is still a state fair rodeo venue. The state and Albuquerque for decades has needed a large capacity, multipurpose entertainment venue of upwards of 20,000.

https://www.krqe.com/news/officials-want-to-build-new-arena-on-state-fairgrounds/

https://www.krqe.com/news/expo-new-mexico-looking-into-new-arena-to-replace-tingley-coliseum/

Indeed, the 2023 legislative session could very well turn out to be a “once in a century opportunity” to really solve many of the state’s problems that have plagued it for so many decades.  It should also be viewed as an opportunity to build facilities that are needed and that will have a lasting impact on the state’s quality of life for decades to come.

The links to quoted news sources are here:

https://www.abqjournal.com/2556897/nm-new-money-projected-to-explode-to-3-6-billion-for-coming-year.html

https://www.koat.com/article/new-mexico-government-billions-state-money/42259419

https://www.krqe.com/news/politics-government/governor-eyeing-another-round-of-new-mexico-tax-rebates-in-2023/

https://nmpoliticalreport.com/2022/12/13/legislative-finance-committee-releases-projected-revenue-estimate-for-fy24/#:~:text=On%20Monday%2C%20the%20NM%20Legislative,FY%202024%20is%20%2411.994%20billion.

On December 15, the on-line news agency New Mexico Sun published the below guest column:

Keller’s motel conversion plan ‘not ready for prime time’

By Pete Dinelli

“Motel conversions” is a plan where the City’s Family & Community Services Department will  acquire and renovate existing motels to develop low-income affordable housing options. They are  just one part of Mayor Tim Keller’s “Housing Forward ABQ” plan to add 5,000 housing units to the existing housing supply by 2025 to alleviate  the city’s housing shortage. Keller’s plan calls for motel conversions to house 1,000 people with low and moderate incomes by 2025. A city council zoning code amendment Keller pushed through allows an exemption for affordable housing projects funded by the city  allowing kitchens to be small, without full-sized ovens and refrigerators and allow the substitution of a microwave or hot plate for a standard oven or range.  

On December 6, with only a 4-day public notice and reservations required, the City’s Family and Community held a public meeting to discuss the Keller Administration’s motel conversions plan.  A little over 100 people attended the meeting which had a mediator oversee the meeting. Mayor Keller did not attend and neither did any city councilor.  

The first biggest take away from the City’s presentation on motel conversions is that they are not intended to be used as “homeless shelters”  but there is absolutory  no guarantee that will not happen.  The intent is that those who will be housed in them must have some sort of income, either through social security or other government assistance or be gainfully employed, and they must pay rent. The city failed miserably in identifying the screening criteria that will be utilized for occupants and the minimum income levels.

The second biggest takeaway from the city’s December 6 presentation is that the motel conversion program has been haphazardly put together in order to make it part of Keller’s  “Housing Forward ABQ” plan.  The city officials were clearly on the defensive feeling there was need to have a professional mediator who announced repeatedly how people should conduct themselves, be polite and not be confrontational to the city presenters.

The third major takeaway from the meeting is that the city’s estimated cost of $100,000 per unit to fix up or remodel existing motels is excessive and likely a waste of taxpayer money and financing.  Simply put, many times it is cheaper and makes more sense to demolish and rebuild substandard motels.  Approximately 15 years ago, the city’s Safe City Strike Force took civil code enforcement action against a number of the 150 motels up and down central with many ordered shut down until repairs were made.  The motel owners were ordered to bring their properties into code compliance that usually cost thousands.  

The Safe City Strike Force was responsible for the demolition of at least seven (7) blighted motels that were beyond repair. Those motels were demolished because it was cheaper and  made more sense to tear them down rather than spends hundreds to remodel. The Central motels that the Safe City Strike Force took action against include the Gaslight (demolished), The Zia Motel (demolished), The Royal Inn (demolished), Route 66 (demolished), the Aztec Motel (demolished), the Hacienda, Cibola Court, Super-8 (renovated by owner), the Travel Inn (renovated by owner), Nob Hill Motel (renovated by owner), the Premier Motel (renovated by owner) the De Anza (purchased by City for historical significance), the No Name, the Canyon Road (demolished), Hill Top Lodge, American Inn (demolished), the El Vado (purchased by City for historical significance), the Interstate Inn (demolished).

Simply put, the city’s “motel conversion” plan is not ready for prime time.  It appears Mayor Keller rushed to have it included as part of his “Housing Forward ABQ” plan without it being completely formulated or vetted.  The city’s December 6 public meeting was very short on details as to what motels have been targeted, the projected overall funding for the program, no details as to the private-public partnerships and no identifying those in the real estate and development community and the construction industry the Keller administration is working with.

The city is spending between $60 million and upwards of $100 million a year on affordable and supportive housing.  The biggest unanswered question is does the city have any business going into the “hotel conversion” business and begin operating such facilities in addition to what it is already being spent?  Given the December 6 public meeting and all the written questions that went totally unanswered and ignored, it is not at all likely that the city has a realistic plan in place to achieve its goal of 1,000-units relying on motel conversions.

The link to the New Mexico Sun article is here:

https://newmexicosun.com/stories/637536939-keller-s-motel-conversion-plan-not-ready-for-prime-time

TARGETED AREA IDENTIFIED

One area of the city that has been targeted in particular by the Keller Administration for motel conversions is “Hotel Circle” in the North East Heights. Located in the area are a number of motels in the largest shopping area in SE and NE Albuquerque near I-40. The businesses in the area include Target, Office Depot, Best Buy, Home Store, PetCo and the Mattress Store  and restaurants such as  Sadies, the Owl Café, and Applebee’s and other businesses.

The city is looking into buying potential properties and claims it has  not yet completed any purchases.  Sources have confirmed the Keller Administration wants to buy the former  Sure Stay Hotel located at 10330 Hotel Circle NE   and also has  its eye on purchasing the abandoned and boarded up Ramada Inn for a motel conversion.

The City Department of Family & Community Services is in the process purchasing the Sure Stay Hotel by using Housing and Urban Development (HUD) funding of $3,059,662.12 in Community Development Block Grant,  $2,443,724.00 from Public Facilities monies  and $615,938.12 from Foreclosure Prevention for a total property purchase of  $6,119,324.24. She also outlines how the Department of Family and Community Services has  submitted a request to the HUD Albuquerque  Field Office for the release of  CARES and HOME American Rescue Plan funding to be used to purchase Sure Stay Hotel  and the renovation project for the permanent housing with supportive services.

Strong neighborhood and business opposition has emerged and galvanized around  the city’s attempted purchase of the Sure Stay Motel, with some petitioning the city to change the zoning code to disallow motel conversions. A petition with well over 250 signatures of business owners and residents in the area was secured within a few days has been submitted to the city.

 

On December 14, the following column was published by the on-line news agency New Mexico Sun with the column written by staff reporter T.H. Lawrence:

HEADLINE: GAHLA director: “SOSs” are not the proper solution for the homeless occupants

At least eight organizations have filed appeals against the Dawn Legacy Point Safe Outdoor Spaces homeless tent encampment, asking the Albuquerque City Planning Department to reverse its decision and deny the Safe Outdoor Space application of Dawn Legacy for 1250 Menaul Blvd. NE. 

This comes after the Planning Department unilaterally reviewed the application in private a few months ago with no notice to surrounding businesses or neighborhood associations, no public hearing and no public input, critics charge.

Karl Holme, executive director of Greater Albuquerque Hotel & Lodging Association, expressed support of the appeals in a Dec. 5 letter to Jeff Palmer of the Planning Department. 

“Our association is in support of the appellants against the 1250 Menaul NE Safe Outdoor Space, Dawn Legacy application process in its current form, and in the rush to get things moving, it seems haphazard, as there are few concrete details presented to the public to appropriately allay their fears and concerns,” Holme said in the letter.

Holme stressed that Albuquerque’s Safe Outdoor Space program has not been properly planned and will fail without a legitimate outline. If Albuquerque expands Safe Outdoor Spaces across several locations, he said, the city must meet the needs and demands of the community, which includes having a well-thought-out template with built-in benchmarks and standards for which all third-party contractors must meet.

It also needs an actual game plan to mitigate issues in the neighboring community, which currently does not exist, Holme said.

“GAHLA is very empathetic and supportive of the city of Albuquerque’s efforts to grapple with the challenges associated with homelessness along with the attendant substance abuse and/or behavioral issues,” Holme told New Mexico Sun. “It’s not only a human tragedy but drives crime, drives away tourism business and is a threat to hotel guests. Having a homeless encampment at the crossroads of Interstate 40 and Interstate 25 creates a negative image from a tourism perspective, as it can become an eyesore.

“Both state and federal dollars were spent a few years back to beautify and raise the appeal of this interchange and to promote Albuquerque to those traversing the area,” he added. “In addition we believe there is a Menaul sector plan to enhance the area of which this SOS encampment does nothing to advance.”

Holme said the appeals are well-founded and are supported by his association.

“GAHLA has initially appealed on behalf of the two neighboring hotels, as we have over 1,000 hotel rooms in the area,” he said. “The Crowne Plaza has lost two conventions due to the homelessness issue.”

Holme said the fact that the proper notification was not followed with neighboring properties/businesses not being notified also is reason for concern by area residents and firms.

“The appellants believe the city is not listening to their concerns,” he said. “There is already a crime issue in the area.”

In recent letter to Councilor Trudy Jones, Bob Reule of the Menaul Business Coalition said there are better options to assist people.

“There are currently more humane and effective solutions to sheltering the homeless than shuttling battered women to comingle with men in outdoor tent camps, in sub-freezing temps, with outdoor wash stations and porta-potties, when the City Housing 1st program provides comfortable, indoor brick and mortar accommodations,” Reuele wrote.

Holme said Reule raised salient points.

“Bob Reule’s email contained research from Lindsay Gilbert, president and head of Menaul school, sharing articles about other cities having tried similar programs and are now reversing course or making huge adjustments due to failures,” he told New Mexico Sun. 

“All this giving ample reasons to slow the process down,” he added. “Given that tent camps are not a panacea, what best practices has CABQ undertaken to improve their program? We as a community should learn from the mistakes of other municipalities in this regard.”

The city of Albuquerque has made many investments for the homeless that are seemingly underused. It funded more than $59 million to Family & Community Services in fiscal year 2022 to help care for 1,311 homeless individuals, as identified by the HUD Point in Time Survey, and spent $15 million to purchase the Gibson Medical Center for a shelter.

“We continually hear the mantra that we have to do something,” Reule wrote. “But SOSs are not the proper solution for the homeless occupants, when the city has made the investment to properly house, properly secure, feed, medically treat, council and care for the homeless in an environment that is nurturing and not in conflict with the viability of our fragile business communities and neighborhoods.” 

Tent camps have been attempted and repealed in municipalities nationwide and have failed. Other cities that have tried the Safe Outdoor Spaces model, including Seattle, Portland, Oregon, and Denver, have found it to be ineffective, economically destructive and in many cases life-threatening.

Holme said it’s natural to have concerns since Albuquerque is modeling its homeless policies based on efforts other cities made that have not been successful. The lack of hard specifics shared with the public provides little confidence, he said.

“We also have concerns about the security plan and that outside of the defined area will be affected additionally,” Holme said.

He offered a few steps to reduce the worries of locals as this process continues. These include improving the notification process, providing more communication on specifics and, perhaps, hold a group meeting to share information and discuss details. He also suggested presenting a thorough plan on what third parties will be contracted and how they will manage the program.”

https://newmexicosun.com/stories/637461706-gahla-director-soss-are-not-the-proper-solution-for-the-homeless-occupants—

ENVIRONMENTAL PLANNING COMMISSION VOTES TO ELIMINATE SAFE DOOR SPACES FROM INTEGRATED DEVELOPMENT ORDINANCE

On Thursday, September 15, the City’s Environmental Planning Commission (EPC) voted to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO) by recommending to the City Council to vote YES to repeal the land use. The hearing involved a very detailed analysis of the legislation calling for elimination of Safe Outdoor Spaces from the IDO.  A detailed analysis was conducted and it identified how Safe Outdoor Spaces violated the IDO provisions and the spirit and intent of the IDO.

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 Martinez town 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 arguments made by those opposed to Safe Outdoor Spaces are the following:

 

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

 

2. Safe Outdoor Spacesin 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 Spacesas adopted City Wide will be catastrophic to business districts. A good example given is the  Menaul Metropolitan Redevelopment Area (MRA) Plan, an area where the Dawn Legacy homeless encampment will be if allowed. The Menaul Blvd corridor within the MRA boundaries is identified as blighted, with shuttered buildings, business that have closed, with no ability to attract new capital investment.  A study and survey involving the Menaul MRA  identified the homeless impact to businesses as a top problem by 93% and crime at 97%. The homeless issues identified by the Menaul MRA study are not unique.  There are 20 other MRAs identified within the City that are also subject to the same “systemic homeless”

 

7. The Keller Administration has adopted a housing first policy when it comes to dealing with the homeless crisis. Safe Outdoor Spaceencampments violates the city’s “housing first” policy by not providing a form of permanent housing. 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.

 

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

COUNCIL VOTES TO REMOVE SAFE OUTDOOR SPACE LANGUAGE FROM THE ZONING CODE

On December 5, the City Council voted 5-4 to approved legislation to remove all references to Safe Outdoor Spaces within Albuquerque’s zoning code thereby outlawing the land use. Voting YES were Republicans Brook Bassan, Renee Grout, Dan Lewis, and Democrats Klarissa Peña and Louie Sanchez. Voting NO were Democrats Isaac Benton, Pat Davis, Tammy Fiebelkorn and Republican Trudy Jones.

During the December 5 city council meeting, several public speakers urged the  City Council  to keep Safe Outdoor Spaces arguing they give people who are homeless a better option than illegal camping.  City Councilors Bassan, Lewis and Sanchez in response all noted that their constituents are overwhelmingly against Safe Outdoor Spaces.  City Councilor Bassan said her legislation will not completely outlaw  Safe Outdoor Spaces and she said this:

“Two have been approved so far and there is potential for three more.  …  For those people who say we need to try something, I think it’s important to realize we are going to be trying something.”

The city Planning Department has approved 3 Safe Outdoor Spaces and they will be allowed to exist and operate or be grandfathered in having been allowed initially.  Two are designed for people to sleep in cars rather than tents. The first is operating outside the city’s Westside Emergency Housing Center.  The second a is due to open in January outside the Albuquerque Opportunity Center shelter at 715 Candeleria NE.

The  third approved Safe Outdoor Space is the Dawn Legacy Point homeless encampment to be located at 1250 Menaul Blvd, NE.  It is intended to provide accommodations for upwards of 50 women who are homeless and who are “sex-trafficking victims” and other vulnerable populations.  The Legacy Point encampment is within walking distance of Menaul School, across the street from the T-Mobile Call Center and a Quality Inn & Suites, it borders Sunset Memorial Park and one block Carrington College and two apartment complexes and immediately East of the Freeway is the massive TA Travel Truck which is known in law enforcement circles for prostitution and illicit drug activity. Immediate south of the truck stop on University Blvd is the Crown Plaza Hotel. Notwithstanding the repeal legislation, the Dawn Legacy Point homeless encampment could still be approved and not be affected by the repeal legislation.

The repeal legislation now goes to Mayor Tim Keller who can sign it or veto it. Should Keller veto the repeal, it will require 6 votes to override it.   Keller has already voiced strong support for Safe Outdoor Spaces when he vetoed the one year moratorium and the council failed to override it.  After the vote to repeal, Mayor Keller did not commit to another veto but a spokesperson said  the mayor would “review the legislation”.  The Mayoral Spokeswoman also reiterated Keller’s  general position on Safe Outdoor Spaces saying his administration “has been consistent in our stance that we need every tool to address homelessness.”

https://www.abqjournal.com/2555540/council-votes-to-strike-safe-outdoor-space-language-from-zoning-code.html

COMMENTARY AND ANALYSIS

There are at least 5 major points that Mayor Keller needs to take into serious consideration before he decides to veto the legislation getting rid of Safe Out Door Spaces.  Those considerations are:

 

1. The City council majority of 5, that has been nonpartisan, has now voted at least 3 times to reject Safe Outdoor Spaces, and Keller has vetoed those votes to force allowing them and to force city funding for them.

 

2. There has been strong public outrage and opposition to Safe Outdoor Spacesthat goes beyond “not in my backyard” and includes legitimate concerns and proof that they will destroy neighbor hoods and businesses.

 

3. The Environmental Planning Commission conducted a thorough evaluation of Safe Outdoor Spacesand arrived at the conclusion that Safe Outdoor Spaces are not compatible with the Integrated Development Ordinance.

 

4. Notwithstanding the removal of Safe Outdoor Spacesfrom the Zoning Code, there are at least 2 that will remain in existence, with a third that may be allowed and 3 others that have been applied for and that may be allowed.

 

Mayor Tim Keller’s  “all the above approach” to deal with the homeless crisis, which includes Safe Outdoor Spaces, and his administration’s failure to deal with the homeless crisis has had a major impact on his popularity resulting in a 33% approval rating and a 40% disapproval rating. One thing is for certain is that Keller has alienated at a minimum the neighborhood activists in Brook Bassan’s City Council District 4 that has a population of 60,380 and one of the highest voter turn outs in municipal races.

Simply put, the public has lost faith in Mayor Keller’s “all the above approach” to dealing with the homeless and his policies, especially with Safe Outdoor Spaces. His decline in popularity in the polls is affecting his ability to lead on the issue of the homeless crisis.   Mayor Tim Keller needs to listen to the City Council majority, the Environmental Planning Commission, the business community and the public and sign the legislation to eliminate Safe Outdoor Spaces.

Mayor Tim Keller listening is not at all likely given his “my way or the highway”  on Safe Outdoor Spaces and his “I  know what’s best for my city” and to hell with anyone who believes differently. Keller also knows if he vetoes the repeal legislation he can count on the likes of  Republican Trudy Jones not to override  his veto and she will be for a second time the swing vote and the override vote will fail.

On November 14 it was reported that Trudy Jones  will not be seeking another term on the City Council and it’s likely she feels liberated not to respect the will of her constituents.  Trudy Jones expressed her sense of liberation from her constituents in an interview after a  vote not to override Keller’s veto when she said this:

“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 link to the quoted news sources is here

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

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 when a 6-4 vote is needed and Safe Outdoor Spaces will become law and 2 in each of the 9 City Council Districts will be allowed.  This is the type of conduct that results in general public distrust of city government.

Safe Outdoor Space city sanctioned homeless encampments are not just an issue of “not in my back yard,” but one of legitimate anger and mistrust by the public against city elected officials and department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.  Safe Outdoor Space tent encampments will destroy neighborhoods and make the city a magnet for the homeless. The general public has legitimate concerns that Safe Outdoor Space homeless tent encampments will become crime-infested nuisances,  such was the case with Coronado Park.

The homeless crisis will not be solved by the city but must be managed with permanent housing assistance and service programs, not nuisance tent encampments.

Voters and residents are urged to contact Mayor Tim Keller and voice their opinion and tell Mayor Keller to sign the repeal legislation that will remove Safe Outdoor Spaces from the Integrated Development Ordinance. His phone number,  email address and FAX are as follows:

PHONE: 505-768-3000

FAX: 505-768-3019

EMAIL: mayorkeller@cabq.gov

On November 10, Mayor Tim Keller announced his “Housing Forward ABQ” plan to add 5,000 housing units to the existing housing  supply by 2025.  Keller called his plan  “transformative” and it includes  updates to Albuquerque’s Integrated Development Ordinance (IDO)  to carry it out.  A critical  component of Keller’s “Housing Forward ABQ”  are  Motel Conversions.

MOTEL CONVERSIONS

“Motel conversions”  are  the creation of affordable housing where the City’s Family & Community Services Department will  acquire and renovate existing motels to develop low-income affordable housing options. Mayor  Keller’s plan calls for hotel or motel conversions to house 1,000 people  with low and moderate incomes by 2025.

The existing layout of the motels makes it cost-prohibitive to renovate them into living units with full sized kitchens. An Integrated Development Ordinance amendment provides an exemption for affordable housing projects funded by the city, allowing kitchens to be small, without full-sized ovens and refrigerators. It will require city social services to regularly assist residents.  The homeless or the near homeless would be offered the housing.

A zoning change already enacted by the city council earlier this year eased the process for city-funded motel conversions by allowing microwaves or hot plates to serve as a substitute for the standard requirement that every kitchen have a cooking stove or oven. The  zoning code update  reduces the kitchen requirements for such affordable housing conversions that receive city funding.  The zoning changes allow the substitution of a microwave or hot plate for a standard oven or range.  The exception applies only to those conversions using city money, but the city council is considering a proposal to expand it to all housing developments.

TARGETED AREA IDENTIFIED

One area of the city that has been targeted in particular by the Keller Administration for motel conversions is “Hotel Circle” in the North East Heights. Located in the area are a number of motels in the largest shopping area in SE and NE Albuquerque near I-40. The businesses in the area include Target, Office Depot, Best Buy, Home Store, PetCo and the Mattress Store  and restaurants such as  Sadies, the Owl Café, and Applebee’s and other businesses.

The city is looking into buying potential properties and claims it has  not yet completed any purchases.  Sources have confirmed the Keller Administration wants to buy the fomer  Sure Stay Hotel located at 10330 Hotel Circle NE   and also has  its eye on purchasing the abandoned and boarded up Ramada Inn for a motel conversion.

The City Department of Family & Community Services is in the process purchasing the Sure Stay Hotel by using Housing and Urban Development (HUD) funding of $3,059,662.12 in Community Development Block Grant,  $2,443,724.00 from Public Facilities monies  and $615,938.12 from Foreclosure Prevention for a total property purchase of  $6,119,324.24. She also outlines how the Department of Family and Community Services has  submitted a request to the HUD Albuquerque  Field Office for the release of  CARES and HOME American Rescue Plan funding to be used to purchase Sure Stay Hotel  and the renovation project for the permanent housing with supportive services.

Strong neighborhood and business opposition has emerged and galvanized around  the city’s attempted purchase of the Sure Stay Motel, with some petitioning the city to change the zoning code to disallow motel conversions. A petition with well over 250 signatures of business owners and residents in the area was secured within a few days has been submitted to the city.

CITY HOLDS MEETING TO GET INPUT,  ANSWERS FEW QUESTIONS

On December 6, with only a 4-day public notice and reservations required, the City’s Family and Community Services Department and the Planning Department held a public meeting at the Albuquerque Convention Center to discuss the Keller Administration’s motel conversions plans.  A little over 100 people attended the meeting which had a mediator oversee the meeting. In attendance to present the program were  Family Community Service Director Carol Pierce,  Deputy  Director Lisa Huval and Albuquerque Police and APD Deputy Chief Josh Brown.  Notably absent from the meeting was Mayor Tim Keller with no explanation given. Not a single Albuquerque City Councilor attended.

PATHS FORWARD

The City presented a short “power point” slide to the audience entitled “THE PATH FORWARD”.  The power point said in part that there are “several possible paths all of which the Department of Family and community services is exploring” to deal with the housing shortage. Those options listed in the power point were:

“The city can acquire motels, contract with a contractor/architect to completr renovations and then identify an entity to own and operate the facility through a Request for Proposal (RFP), which is the city bidding process.

The city can acquire motels and then identify and entity to rehabilitate, own and operate through an RFP process.  The RFP would include funding to rehab the motel

The city can use an RFP to select one or more entities to aquire, rehab, own and operate a motel.

Currently, [the]  City has funding available to complete at least two motel conversions.”

CITY VISION OUTLINED FOR MOTEL CONVERSIONS

City officials outlined in the power point the vision it has for hotel conversions as follows:

Creation of “basic but safe” apartments.

There will be “Public-Partnerships”.

Conversions would be located throughout the city and not in one location.

Conversions  will be in  mixed communities. Some will have rental units with lower rents affordable to low-income households while other units will be rented at fair market rates.

The converted motels will be professionally managed by a property management company.

The conversions will have “onsite service” coordinators.

They will be sustainable.

KITCHEN REQUUIREMENTS FOR MOTEL CONVERSIONS

The city officials noted that kitchen requirement for conversions would be changed dramatically. Under recent zoning changes, there are reduced kitchen requirements for projects funded by the Family Community Services Department. With motel conversions under taken by the Family and Community Services Department, stoves, ovens or ranges are not required. However, refrigerators, countertops, and kitchen sinks are still required. Proposed changes to the Integrated Development Ordinance (IDO) will allow the same to all conversions by the private sector.

TARGETTED POPULATION

Another power point slide identified the “qualifying incomes” of the population that would be served by the motel conversions in terms of income levels.  Those qualifying income levels listed were “Supplemental Social Security Income” recipients,  “Social Security Disability”  recipients, “Warehouse Workers”, “In Home Care” workers and “Tipped Workers”.   The power point noted that the fair market value for an efficiency apartment in Albuquerque is approximately $666 per month. According to the power point, the monthly cost of $666 is “naturally affordable for single adults who earn $27, 000  a year” which is 50% of the city’s Median Income level.  It was noted that some of the units will be for subsidized or for affordable housing for those making $16,000 a year which is 30% of the city’s Median Income.

CITY OFFICIALS RESPOND

Lisa Huval, deputy director in the Family and Community Services Department, argued that the existence of inadequate supply of low-income housing is a key factor in the city’s current housing crisis.  Huval said Keller’s recently “Housing Forward” plan aims to tackle the problem from various angles.  The goal of “Housing Forward” is to add 5,000 more housing units by 2025 beyond what the ordinary market would create.

Duval  said  transforming hotels or motels  would account for part of that by creating what she called “basic, decent” places for people to live. Huval said the city estimates that rehabilitating hotel rooms into housing can be done at about one-third the cost of building a new unit from  the ground up. According to the city officials, new apartment construction costs per unit is upwards of $300,000 while conversion or remodeling is upwards of $100,000. Huval said this:

“We need new creative, innovative strategies, and we believe converting motels and hotels into housing is one of those creative strategies”.

City Officials said any hotel conversion will have to meet the same city code as other apartment projects, with the exception of the kitchen standard.  The city officials said   that city-affiliated projects would also require an on-site social services provider at least 40 hours a week. They would allow pets and accept housing vouchers, city representatives said.

During the meeting, City officials announced that they hope to have the first city hotel conversion underway by the middle of 2023.  The city officials said they are exploring acquisition of motels across the city, but have not yet made any purchases.  The city officials did confirm it is in negotiations with at least one property located at 10330 Hotel Circle NE, which is the vacant Sure Stay Motel.  It was revealed the city has about $20 million in federal funding and local bond money available currently for motel conversions.  The funding is expected to cover at least the first 2 conversions.

In a slightly bizarre manner, Huval downplayed the zoning changes that allows the substitution of a microwave or hot plate for a standard oven or range.  The city went so far as to have a chef at the event to demonstrate how to prepare chicken noodle soup from scratch with only an induction hot plate. Duval said this:

“Folks immediately go to microwave and picture someone living off Hot Pockets, but in fact it is possible to safely cook nutritious foods in these settings.”

The meeting lasted a little more than an hour and a half with a very short 15 minute power point presentation made. Index cards were circulated for written questions from the audience. Roughly an hour and 15 minutes was devoted to answer audience questions with very few answered or just ignored.

At one point during the question-and-answer period, frustrated audience members yelled out concerns about potential crime and blight noting that the Sure Stay Motel the city wants to buy has an excessive amount of crime and APD calls for service. Colleen Aycock, a resident of Four Hills in SE Albuquerque, who is a founding member of  “Women Taking Back Our Neighborhoods” shouted out:

“So, you’ll get rid of drug addicts and sex traffickers if you find them in these units?”

In response, APD Deputy Chief Josh Brown said officers would tackle crime as needed. He also said it was unfair to make generalizations about low-income renters and said this.

“I don’t know what this is going to look like yet. We’re supportive of it and, if there is anything that pops up criminal-wise, APD can step in.”

https://www.abqjournal.com/2555732/city-lays-out-plan-to-turn-hotels-into-apartments-ex-the-goal-is-to.html

COMMENTARY AND ANALYSIS

There is absolutely no doubt that the Keller Administration and the Family and Community Services Department hosted the December 6 public meeting to discuss motel conversions simply because the issue has resulted in a severe backlash. The fact Mayor Tim  Keller and not a single City Councilor attended the December 6 meeting speaks volumes of  just how controversial motel conversions have become and  Mayor Keller and the City Council could not careless what the public actually thinks.

Giving a 4 day notice on a Friday of a public meeting and then requiring an RSVP from the public was nothing more than a ploy to suppress attendance by hoping no one would see the notice. It’s a ploy that did not work and the city was inundated with reservation requests forcing the city to schedule a second meeting. A second meeting is now scheduled for December 13.

The first biggest take away from the City’s presentation on motel conversions is that they are not intended to be used as “homeless shelters” such as the new Gateway Homeless Shelter on Gibson, but there is no guarantee that will not happen.  The intent is that those who will be housed in them must have some sort of income, either through social security or other government assistance or be gainfully employed, and they must pay rent. The city failed miserably in identifying the screening criteria that will be utilized for occupants and the minimum income levels.

The second biggest takeaway from the city’s December 6 presentation is that the motel conversion program has been haphazardly put together  in order to make it part of Keller’s  “Housing Forward ABQ” plan.  The city officials were clearly on the defensive feeling there was need to have a professional mediator who announced repeatedly how people should conduct themselves and not be confrontational.

The third major takeaway from the meeting is that the city’s estimated cost of $100,000 per unit  to fix up or remodel existing motels is likely a waste of taxpayer money and financing.  Simply put, many times it is cheaper and makes more sense to demolish and rebuild motels.  Approximately 15 years ago, the city’s Safe City Strike Force took civil code enforcement action against a number of the 150 motels up and down central with many ordered  shut down.  The motel owners were ordered to bring their properties into code compliance that usually cost thousands before they were allowed to reopen.

The Safe City Strike Force was responsible for the demolition of at least seven (7) blighted motels that were beyond repair. Those motels were demolished because it was cheaper and  made more sense to tear them down rather than spends hundreds to remodel. The Central motels that the Safe City Strike Force took action against include the Gaslight (demolished), The Zia Motel (demolished), The Royal Inn (demolished), Route 66 (demolished), the Aztec Motel (demolished), the Hacienda, Cibola Court, Super-8 (renovated by owner), the Travel Inn (renovated by owner), Nob Hill Motel (renovated by owner), the Premier Motel (renovated by owner) the De Anza (purchased by City for historical significance), the No Name, the Canyon Road (demolished), Hill Top Lodge, American Inn (demolished), the El Vado (purchased by City for historical significance), the Interstate Inn (demolished).

Simply put, the city’s “motel conversion” plan is not ready for prime time.  It appears Mayor Keller rushed to have it included as part of his “Housing Forward ABQ” plan without it being completely formulated or vetted.  The city’s December 6 public meeting was very short on details as to what motels have been targeted, the projected overall funding for the program, no details as to the private-public partnerships and no identifying those in the real estate and development community and the construction industry the Keller administration is working with.

The city is spending between $60 million and upwards of $100 million a year on affordable and supportive housing.  The biggest unanswered question is does the city have any business going into the “hotel conversion” business and begin operating such facilities in addition to what it is already being spent?  Given the December 6 public meeting and all the written questions that went totally unanswered and ignored, it is not at all likely that the city has a realistic plan in place to achieve its goal of 1,000-units relying on motel conversions.

On November 16  Governor Michelle Lujan Grisham’s office announced it was  accepting applications to fill the vacancy of Bernalillo County District Attorney Raúl Torrez who was elected Attorney General on November 8 and who will be  is sworn in January 1.  Lujan Grisham plans to appoint a replacement to serve the remaining 2 years of Torrez’s 4 year term which expires on January 1, 2024.  Applications for the post were due by December 2.

On December 2, the Governor’s office released the names of 10 attorneys who  applied for the appointment.  The 10 attorneys who applied for the appointment were:

1. Private Attorney Sam Bregman, a former Democratic Party State Chairman, a respected trial attorney who manages his own private law firm. 
2. Deputy City Attorney Damon Martinez, a former United States Attorney for New Mexico.
3. Private Attorney Ed Perea, a retired APD  Police Commander who is now in private practice.
4. Private Attorney Joseph Gandert, an attorney who retired from the Federal Public defenders office after 20 plus years.
5. Private Attorney Joseph Gribble, a 1977 graduate of UNM and an Albuquerque trial attorney with extensive experience in criminal defense and civil litigation.
6. Evan Cochnar who has served as an Assistant District Attorney in the 11th Judicial District from 2011 to 2020 and who currently works for the New Mexico Risk Management Division.
7. Assistant Attorney General Ashley Schweizer.
8. Bernalillo County Deputy District Attorney Josh Boone who oversees the Metropolitan Division.
9. Bernalillo County Deputy District Attorney John Duran who is a former Metro Judge and  who oversees the District Attorneys’ Major Crimes Division.
10.   Bernalillo County Deputy District Attorney Diana Garcia who oversees the  the  DA’s Juvenile Division and who  has been with office for 16 years.

https://www.abqjournal.com/2554895/nine-attorneys-respond-to-governors-call-for-da-applications.html

Sources have confirmed that interviews of the 10 applicants were scheduled to have commenced on December 19 and were to have  been conducted by Governor Lujan Grisham personally along with her General Council.  Sources confirmed that an appointment of an new District Attorney  was to have been announced the week of December 26.

 APPLICATION TIME EXTENDED

On December 12, it was reported that Governor Lujan Grisham has extended the deadline for attorneys to file applications to Friday, December 23.  No explanation was given for the extension of time for applications. Confidential sources have confirmed that all interviews that were originally scheduled for the week of December 19 have been cancelled and rescheduled.  The interviews have now been changed to the week of January 2, 2023.

https://www.krqe.com/news/new-mexico/deadline-extended-for-new-bernalillo-county-da-applicants/

COMMENTARY AND ANALYSIS

The extension of the application process took  a number of people within the New Mexico Bar as well as the politcal observers by total surprise.  It has resulted in speculation that Governor Lujan Grisham was not at all satisfied with the applicant pool or that more than a few who had applied withdrew their applications reducing the pool.

Amongst political observers of the process, it was said that one applicant in particular had the “inside track” on the appointment because of his politcal connections and association with the Governor.  It was also said that the  appointment was his for the asking.  If that was the case, why bother to ask for more applications?  No one knows for certain what resulted once the names of applicants  were released nor who actively lobbied for or who actively lobbied against any one of the applicants.

One thing that is for certain is that there will be no new Bernalillo County District Attorney come January 1 when Raul Torrez is sworn into office as the next Attorney General. Torrez will have to resign in order for the Governor to make the appointment, and without an appointed successor, and “Interim District Attorney” will have to be appointed by Torrez to take over for him until the Governor makes a decision on a replacement.

Given the Albuquerque’s  spiking violent crime and murder rates, the appointment of a new Bernalillo County District Attorney is one of the most consequential appointments the Governor will ever make. There is very little room for error on the appointment which is likely one of the biggest reasons for extending the application deadline and seeking to increase the pool of applicants.

Great work experience and academic qualifications for the job does not necessarily make a person a good fit for an elected position such as District Attorney which is as high profile as they come.  Each one of the 10 applicants possesses positive and negative skill sets and different types of qualifications for the job.  In other words, there is no one perfect candidate suited for the job who has applied, but that is usually the case with any elected or appointed politcal position.

The next Bernalillo County District Attorney needs to have strong prosecutorial and case management experience, personnel management experience, be a proven trial attorney, have the ability to work well with all stakeholders within the criminal justice system, including the courts, the defense bar, law enforcement and the legislature and be an effective leader who can attract attorneys to work for the office.

This is one appointment where politics and higher ambitions for office should absolutely not play any role. What should play a role is a real commitment to the office and the criminal justice system itself.  The Governor needs to appoint one who she feels is the most qualified candidate, not the most political.  If the Governor did in fact have reservations about any of those who have applied and she was not fully satisfied with the applicant pool, it was right for her to increase the time for which to apply and ask for more applicants.

Applications may be sent via e-mail to donicia.herrera@state.nm.us. An application may be downloaded here.

 

On June 6, the Albuquerque City Council enacted a bill that contained well over 100 amendments updating the Integrated Development Ordinance (IDO) which is the city’s zoning code laws.  The legislation passed on a 5 to 4 vote. Democrat City Counselors Isaac Benton, Tammy Fiebelcorn, Pat Davis and Republicans Trudy Jones and Brook Bassan voted YES to approve the amendments. Democrats Klarissa Pena, Louie Sanchez and Republicans Dan Lewis and Renee Grout voted NO. One of the amendments was for city sanctioned homeless encampments known as Safe Outdoor Spaces.

A “Safe outdoor space” is a lot, or a portion of a lot, developed to permit homeless encampments with 40 designated spaces for tents, allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, fencing and social services offered. The Integrated Development Ordinance amendment sets a limit of two in each of the city’s 9 council districts. The cap would not apply to those hosted by religious institutions.

On June 20, Albuquerque Republican City Council Brook Bassan, in a stunning reversal of support, announced by email to her constituents her withdrawal and sponsorship of the “Safe Outdoor Spaces” amendment. The reversal came after Bassan was severely criticized by her constituents for supporting Safe Outdoor Spaces.

Bassan has spent the last 6 months trying to repeal Safe Outdoor Spaces.  Basaan  went so far as to  introduce two separate resolutions.  One sought to place a one year “moratorium” on Safe Outdoor Spaces.  The second  would eliminate Safe Outdoor Spaces from the IDO thereby repealing the land use. The moratorium past the City Council on a 5-4 vote but Mayor Keller vetoed it and the Council failed to override the veto with the required 6 votes to override.

Republican City Councilor Trudy Jones voted for the original resolution to allow Safe Outdoor Spaces.  Due to the severe backlash from voters, she then voted YES for the one-year Moratorium of Safe Outdoor Spaces to allow the city time to reexamine the impacts of the Safe Outdoor Spaces in more detail. Without notice of her intentions and ignoring her constituents opposition, Councilor Jones then flipped her vote  to allow  Mayor Keller’s  veto to stand on  the one-year Moratorium  which allowed all applications  to move forward.

The repeal legislation was referred to the Environmental Planning Commission for review and to make recommendations to the City Council.  On Thursday, September 15, the Environmental Planning Commission (EPC) voted to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO).

COUNCIL VOTES TO REMOVE SAFE OUTDOOR SPACE LANGUAGE FROM THE ZONING CODE

On December 5, the City Council voted 5-4 to approve Bassan’s legislation  to remove all references to Safe Outdoor Spaces within Albuquerque’s zoning code thereby outlawing the land use. Voting YES were Republicans Brook Bassan, Renee Grout, Dan Lewis, and Democrats Klarissa Peña and Louie Sanchez. Voting NO were Democrats Isaac Benton, Pat Davis, Tammy Fiebelkorn and Republican Trudy Jones.

During the December 5 city council meeting, several public speakers urged the  City Council  to keep Safe Outdoor Spaces arguing they give people who are homeless a better option than illegal camping.  City Councilors Bassan, Lewis and Sanchez in response all noted that their constituents are overwhelmingly against Safe Outdoor Spaces.  City Councilor Bassan said her legislation will not completely outlaw  Safe Outdoor Spaces and she said this:

“Two have been approved so far and there is potential for three more.  …  For those people who say we need to try something, I think it’s important to realize we are going to be trying something.”

The city Planning Department has approved 3 Safe Outdoor Spaces and they will be allowed to exist and operate or be grandfathered in having been allowed initially.  Two are designed for people to sleep in cars rather than tents. The first is operating outside the city’s Westside Emergency Housing Center.  The second a is due to open in January outside the Albuquerque Opportunity Center shelter at 715 Candeleria NE.

A third approved Safe Outdoor Space is Dawn Legacy Point homeless encampment to be located at 1250 Menaul Blvd, NE is being appealed.  It is intended to provide accommodations for upwards of 50 women who are homeless and who are “sex-trafficking victims” and other vulnerable populations.  The Legacy Point encampment is within walking distance of Menaul School, across the street from the T-Mobile Call Center and a Quality Inn & Suites, it borders Sunset Memorial Park and one block Carrington College and two apartment complexes and immediately East of the Freeway is the massive TA Travel Truck which is known in law enforcement circles for prostitution and illicit drug activity. Immediate south of the truck stop on University Blvd is the Crown Plaza Hotel. Six appeals have been filed and a hearing officer to sent the approval  back to the Planning Department and finding  that  the city had not required the operator to first notify all the necessary property owners nearby.

The repeal legislation now goes to Mayor Tim Keller who can sign it or veto it. Should Keller veto the repeal, it will require 6 votes to override it.   Keller has already voiced strong support for Safe Outdoor Spaces when he vetoed the one year  moratorium and the council failed to override it.  After the vote to repeal, Mayor Keller did not commit to another veto but a spokesperson said  the mayor would “review the legislation”.  The Mayoral Spokeswoman also reiterated Keller’s  general position on Safe Outdoor Spaces saying his administration “has been consistent in our stance that we need every tool to address homelessness.”

https://www.abqjournal.com/2555540/council-votes-to-strike-safe-outdoor-space-language-from-zoning-code.html

“SAFE OUTDOOR SPACES” A KELLER INTIATIATED POLICY

It was Mayor Tim Keller who initially proposed the idea of Safe Outdoor Spaces in his 2022-2023 city budget. The 2022-2023 proposed budget released on April 1 provides major funding to deal with the homeless. The budget approved includes the following line-item funding:

“$750,000 for proposed “safe outdoor spaces”. … If approved by Council, will enable ultra-low barrier encampments to set up in vacant dirt lots across the City. There is an additional $200,000 for developing other sanctioned encampment programs.”

On Saturday, June 25, Mayor Tim Keller gave his “State of The City” address. Keller bought up the city’s homeless crisis. Keller noted that homelessness is “on display in so many areas in our city”. Keller had this to say:

“We have to open new ways, new pathways, to longstanding problems and try new approaches. We’ve got to be agile, we’ve got to learn, and we’ve got to keep creating pathways to stability. That is why we are revisiting our approach to homelessness and encampments.”

On July 6, after intense public outcry and objections over the homeless, Mayor Tim Keller again announced that his administration was “revisiting” its policies on how it addresses homeless encampments that are increasing in number throughout the city. Keller expressed the intent to initiate major changes on how to deal legally with homeless encampments. However, Keller showed no interest and did not reconsider his promotion of Safe Outdoor Spaces to deal with the homeless.

The links to quoted news sources are here:

https://www.kob.com/new-mexico/city-of-albuquerque-revisits-policy-in-hopes-to-combat-homelessness/

ARGUMENTS MADE BEFORE ENVIRONMENTAL PLANNING COMMISSION TO REPEAL SAFE OUTDOOR SPACES

On Thursday, September 15, the City’s Environmental Planning Commission (EPC) voted to eliminate Safe Outdoor Spaces from the Integrated Development Ordinance (IDO).The hearing involved a very detailed analysis of the legislation calling for elimination of Safe Outdoor Spaces from the IDO.  The analysis went through numerous provisions of the IDO.  It identified how Safe Outdoor Spaces violated the IDO provisions and the spirit and intent of the IDO.

During the course of the September 15 hearing, and after the legislative analysis, the public was allowed to speak, with each speaker given a mere 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 Martinez town 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 arguments made by those opposed to Safe Outdoor Spaces are  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 as adopted City Wide will be catastrophic to business districts. A good example given is the  Menaul Metropolitan Redevelopment Area (MRA) Plan, an area where the Dawn Legacy homeless encampment will be if allowed. The Menaul Blvd corridor within the MRA boundaries is identified as blighted, with shuttered buildings, business that have closed, with no ability to attract new capital investment.  A study and survey involving the Menaul MRA  identified the homeless impact to businesses as a top problem by 93% and crime at 97%. The homeless issues identified by the Menaul MRA study are not unique.  There are 20 other MRAs identified within the City that are also subject to the same “systemic homeless” crises.

 

7. The Keller Administration has adopted a housing first policy when it comes to dealing with the homeless crisis. Safe Outdoor Space encampments violates the city’s “housing first” policy by not providing a form of permanent housing. 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.

 

8. 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.

 Editor’s Note: The City of Albuquerque has one of the strongest nuisance abatement ordinances in the country.  It is differentiated from all others by defining a nuisance in term of real property.  It defines public nuisance as:

“Any parcel of …   real property, commercial or residential, … on which  … illegal activities occur, or which is used to commit, conduct, promote, facilitate, or aide the commission of … any [felony or misdemeanor, including illicit drugs and prostitution]”

 The city’s nuisance abatement ordinance prohibits “public nuisances” as follows:

 “It shall be unlawful for any owner, manager, tenant, lessee, occupant, or other person having any legal or equitable interest or right of possession in real property … or other personal property to intentionally, knowingly, recklessly, or negligently commit, conduct , promote, facilitate, permit, fail to prevent, or otherwise let happen, any public nuisance in, on or using any property in which they hold any legal or equitable interest or right of possession.”

The link to review the entire ordinance is here:

https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm/0-0-0-99818

FINDINGS OF THE ENVIRONMENTAL PLANNING COMMISSION

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.  Quoting the ruling, the EPC made the following specific findings:

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

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

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.   

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.”

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

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.

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.

3. 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.

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.

4.  The request to remove [Safe Outdoor Spaces]  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.”

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

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.

 6.  The request to remove [Safe Outdoor Spaces]   from the Integrated Development Ordinance  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.

7. 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.

 [Safe Outdoor Spaces]  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.

8. 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.”

The link to the unedited EPC ruling is here:

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

MAYOR TIM KELLER’S 33% APPRROVAL RATING

On November 3, the Albuquerque Journal released its poll on the job performance of Mayor Tim Keller. The Journal poll asked the singular question “Do you approve or disapprove of the way Tim Keller is handling his job as Mayor?”

The results of the poll were dramatic:

DISAPPROVE:  40%

APPROVE:  33%

MIXED FEELINGS:   21%

WOULD NOT SAY: 5%

Brian Sanderoff, the President of Research & Polling who did the poll, was interviewed by the Journal and was asked to give his opinion as to the reasons why Mayor Tim Keller has had such a sharp decline in his popularity. Sanderoff said voter concern about crime and homelessness are likely the biggest factors in the latest poll result.

https://www.abqjournal.com/2545820/mayor-kellers-job-approval-rating-sink

In June, the city released its government-funded satisfaction poll.  70% of those surveyed felt the City is doing a poor job of addressing homelessness, 9% of residents gave City Government positive marks for addressing the homelessness issue and 20% gave the city mixed or neutral rating. The percentage of residents who give the City positive scores for addressing homelessness had risen from 13% in 2019 to 29% in 2020 but it has now fallen by 20% and is  9% currently. The link to the full survey is here:

https://www.cabq.gov/mayor/documents/final_coa-citizen-sat-2022.pdf

Since the citizen satisfaction survey Keller doubled down on his efforts to address the homeless crisis. The homeless have reached crisis proportions with them becoming far more visible and aggressive by illegally camping in parks, on streets, in alleyways and in city open space,  whenever they want and declining city services. Keller has proclaimed an “all the above approach” to deal with the homeless costing millions.

COMMENTARY AND ANALYSIS

Mayor Tim Keller has made highly ill-advised and damaging decisions intended to address the city’s homeless crisis and where they camp. Those decisions include allowing Coronado Park for 5 years to be the city’ de facto city sanction homeless encampment before he was forced to close it down because of crime, illicit drugs and ground contamination. Another discredited and ill-advised decision is his insistence and advocacy of Safe Outdoor Spaces.

There are at least 5 major points that Mayor Keller needs to take into serious consideration before he decides to veto the legislation getting rid of Safe Out Door Spaces.  Those considerations are:

1. The City council majority of 5, that has been nonpartisan, has now voted at least 3 times to reject Safe Outdoor Spaces, and Keller has vetoed those votes to force allowing them and to force city funding for them.

 

2. There has been strong public outrage and opposition to Safe Outdoor Spaces that goes beyond “not in my backyard” and includes legitimate concerns and proof that they will destroy neighbor hoods and businesses.

 

3. The Environmental Planning Commission conducted a thorough evaluation of Safe Outdoor Spaces and arrived at the conclusion that Safe Outdoor Spaces are not compatible with the Integrated Development Ordinance.

 

4. Notwithstanding the removal of Safe Outdoor Spaces from the Zoning Code, there are at least 2 that will remain in existence, with a third that may be allowed and 3 others that have been applied for and that may be allowed.

Mayor Tim Keller’s  “all the above approach” to deal with the homeless crisis, which includes Safe Outdoor Spaces, and his administration’s failure to deal with the homeless crisis has had a major impact on his popularity resulting in a 33% approval rating and a 40% disapproval rating. One thing is for certain is that Keller has alienated at a minimum the neighborhood activists in Brook Bassan’s City Council District 4 that has a population of 60,380 and one of the highest voter turn outs in municipal races.

Simply put, the public has lost faith in Mayor Keller’s “all the above approach” to dealing with the homeless and his policies, especially with Safe Outdoor Spaces. His decline in popularity in the polls is affecting his ability to lead on the issue of the homeless crisis.   Mayor Tim Keller needs to listen to the City Council majority, the Environmental Planning Commission, the business community and the public and sign the legislation to eliminate Safe Outdoor Spaces.

Mayor Tim Keller listening is not at all likely given his “my way or the highway”  on Safe Outdoor Spaces and his “I  know what’s best for my city” and to hell with anyone who believes differently. Keller also knows if he vetoes the repeal legislation he can count on the likes of  Republican Trudy Jones not to override  his veto and she will be for a second time the swing vote and the override vote will fail.

On November 14 it was reported that Trudy Jones  will not be seeking another term on the City Council and it’s likely she feels liberated not to respect the will of her constituents.  Trudy Jones expressed her sense of liberation from her constituents in an interview after a  vote not to override Keller’s veto when she said this:

“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 link to the quoted news sources is here

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

 

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 when a 6-4 vote is needed and Safe Outdoor Spaces will become law and 2 in each of the 9 City Council Districts will be allowed.  This is the type of conduct that results in general public distrust of city government.

Safe Outdoor Space city sanctioned homeless encampments are not just an issue of “not in my back yard,” but one of legitimate anger and mistrust by the public against city elected officials and department employees who have mishandled the city’s homeless crisis and who are determined to allow them despite strong public opposition.  Safe Outdoor Space tent encampments will destroy neighborhoods and make the city a magnet for the homeless. The general public has legitimate concerns that Safe Outdoor Space homeless tent encampments will become crime-infested nuisances,  such was the case with Coronado Park. The homeless crisis will not be solved by the city but must be managed with permanent housing assistance and service programs, not nuisance tent encampments.

Voters and residents are urged to contact Mayor Tim Keller and voice their opinion and tell Mayor Keller to sign the repeal legislation that will remove Safe Outdoor Spaces from the Integrated Development Ordinance. His phone number,  email address and FAX are as follows:

PHONE: 505-768-3000

FAX: 505-768-3019

EMAIL: mayorkeller@cabq.gov

Mailing Address:

Office of the Mayor

PO Box 1293

Albuquerque NM 87103

Physical Address

1 Civic Plaza, 11th Floor

Albuquerque NM 87102