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2026-09-09 - City Council

Summary

Built from the official action summary (minutes, Legistar status Final). It records motions and votes only, not discussion. The Council President's agenda review of the same day is on 2026-09-09 - President; the items were first listed at 2026-08-17 - President.

  • Wednesday, September 9, 2026, the 17th meeting of the 27th Council, convened at 5:00 p.m. in the Council chambers and adjourned at 1:32 a.m. All nine councilors present. President Peña led the Pledge of Allegiance in English and Spanish. The journal of August 17, 2026 was approved; the Finance and Government Operations Committee report of August 24 was received (see 2026-08-24 - Finance and Government Operations Committee).
  • Joshua D. Boone was confirmed as City Attorney, 9-0. The Council also overrode the Mayor's veto of O-26-54 on the City Attorney and Legal Department, 6-3.
  • Appeals: the Solar Road fence permit appeal was sent to a full hearing on September 21 (9-0), and the Yale Boulevard overnight shelter appeal was granted, reversing the Zoning Hearing Examiner, 6-3.
  • Final actions: the Artificial Intelligence ordinances (O-26-43, O-26-44, O-26-45) passed 9-0; multifamily recycling (O-26-46) passed 8-1; the fiber excavation ordinance (O-26-47) failed 4-5; the Virtual Currency ordinance (O-26-49) passed as amended 6-3; quick build street safety (O-26-55) passed 9-0; R-26-51 on affordable housing funding passed as amended 7-2.
  • The Council extended the meeting five times by rules suspension (to 12:00 a.m., 12:40, 1:07, 1:25 and 2:06 a.m.); each carried (2 to 3 councilors against each time, drawn from Baca, Bassan and Rogers).
  • The Council approved the Street Outreach Housing Services award 8-1 (Champine against). A consent agenda of 15 items passed 6-0 with Lewis, Rogers and Telles excused.

City Attorney Appointment

  • EC-26-223, appointment of Joshua D. Boone as City Attorney: confirmed 9-0 on President Peña's motion. All nine councilors voted for.

City Attorney Ordinance Veto

  • EC-26-245, Mayor's veto of O-26-54 (amending ROA 1994, Chapter 2, Article 7, Part 2, on the City Attorney and the City Legal Department, and repealing Section 3-2-5 of the Code of Resolutions), taken under Other Business. Fiebelkorn moved that it be overridden; carried 6-3. For: Baca, Champine, Fiebelkorn, Grout, Lewis, Telles. Against: Bassan, Peña, Rogers.
  • Passed 6-0 on Peña's motions (For: Baca, Bassan, Champine, Fiebelkorn, Grout, Peña; Excused: Lewis, Rogers, Telles). Receipt noted: EC-26-175 (2025 Downtown Albuquerque Parking Study), EC-26-216 (Q4 FY26 ABQ RIDE quarterly security report with APD, ACS and Metro Security data), EC-26-217 (Fast Housing Program report), OC-26-15 (CPOA FY26 one-year objectives wrap-up).
  • Approved: EC-26-190 (lease between CLNKids (Cuidando Los Ninos) and the City for office space at the John Marshall Health and Social Service Center); EC-26-191 (first amendment to the rental car concession and lease agreement with Avis Budget Rental Group, Enterprise, Alamo, National, Hertz and SIXT); EC-26-199 (submission of an FY27 New Mexico MainStreet capital outlay request); EC-26-201 (Small Properties Disposal Program development and disposition agreement with PIRU Group, LLC for lots on 3rd St. NW); EC-26-215 (application for the FY26 Defense Community Infrastructure Program grant).
  • Confirmed: Mayor's appointments of Trula M. Howe (Environmental Planning Commission), Clarice Honahnie (Commission on American Indian and Alaska Native Affairs), and Traci M. Pepper and Destiny L. Smith (ABQ Volunteers Advisory Board).
  • Passed: O-26-48 (Chapter 12 definitions aligned with state statute, Peña); R-26-66 (accepts New Mexico Office of Broadband Access and Expansion ARPA grant funds for the Community Wi-Fi Parks project and appropriates them to the Department of Technology and Innovation, Baca, Bassan, Rogers, by request).

Approvals

  • EC-26-213 (Revenue and Expense Report for the third quarter of FY2026): receipt noted 9-0 on Grout's motion. EC-26-214 (FEMA grant application from Albuquerque Fire Rescue): approved 9-0 on Grout's motion.
  • EC-26-200 (lease between New Mexico Solutions and the City at 5400 Gibson Blvd SE): approved 9-0. EC-26-243 (lease between Harmony Road Recovery and the City at 5400 Gibson Blvd SE): approved 8-0, Baca excused.
  • EC-26-209 (Final Objectives Report for FY2026): postponed to September 21, 8-0, Baca excused, on Grout's motion.

Street Outreach Housing Services Award

  • EC-26-192, Mayor's recommendation of award for street outreach housing services. Vice-President Champine first moved to extend the meeting to 12:00 a.m. (7-2; against Baca and Rogers). Peña moved approval; carried 8-1, with Champine against.

Solar Road Fence Permit Appeal

  • AC-26-06: Jolynn Maestas appeals the Zoning Hearing Examiner's approval of a major wall/fence permit on the front property line at 637 Solar Rd NW (R-1). Baca moved to reject the Land Use Hearing Officer's recommendation and set a full hearing for September 21; carried 9-0.

Yale Boulevard Overnight Shelter Appeal

  • AC-26-07: the Yale Village Neighborhood Association and D. Love's Restaurants, LLC appeal the Zoning Hearing Examiner's approval of a conditional use for an overnight shelter at 2300 Yale Blvd SE (NR-LM). Lewis moved to grant the appeal, reverse the decision and adopt findings at a later meeting; carried 6-3. Against: Bassan, Fiebelkorn, Telles. Findings were adopted on 2026-09-21 - City Council.

Artificial Intelligence Ordinance

  • O-26-43 (Artificial Intelligence Ordinance), O-26-44 (committee substitute creating the Emerging Technology Advisory Board) and O-26-45 (AI compliance in public purchases, Section 5-5-9), sponsored by Fiebelkorn, Champine and Telles. Each passed 9-0 on Champine's motion.

Multifamily Recycling Requirement

  • O-26-46 (Fiebelkorn): passed 8-1 on Fiebelkorn's motion. Against: Peña.

Fiber Excavation Rules

  • O-26-47 (Champine, public rights of way excavation for fiber): Amendment 1 (Fiebelkorn) failed 4-5; Amendment 2 carried 5-4; Amendment 3 carried 6-3; the Council then extended the meeting to 12:40 a.m. (7-2); Amendments 4 (3-6) and 5 (4-5), both by Champine, failed; the motion to pass as amended failed 4-5 (for: Champine, Grout, Lewis, Telles).

Virtual Currency Kiosk Ban

  • O-26-49 (Telles, Fiebelkorn): Amendment 1 carried 9-0; extension to 1:07 a.m. carried 6-3; passed as amended, 6-3 (against: Bassan, Grout, Lewis).

Quick Build Street Safety Requirement

  • O-26-55 (Fiebelkorn, Rogers): extension to 1:25 a.m. carried 6-3; passed 9-0.

Affordable Housing Project Funding Direction

  • R-26-51 (Grout, Rogers): extension to 2:06 a.m. carried 7-2 (against Baca and Bassan); Rogers's Amendments 1, 2 and 3 each carried 8-1 (Fiebelkorn against); passed as amended 7-2 (against Fiebelkorn and Peña).

Other

  • R-26-68 (appropriates Department of Workforce Solutions funding to the Gizmo Arts Recovery Housing Project in District 2, Baca, by request): passed 9-0 on Baca's motion.

Sources