CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL
COUNCIL BILL NO. R-23-178 ENACTMENT NO. ________________________
SPONSORED BY: Tammy Fiebelkorn
RESOLUTION
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Suspending Administrative Appeals To Safe Outdoor Space Applications In Response To Court Injunction Restricting Removing Encampments From Public Land (Fiebelkorn)
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WHEREAS, the City is experiencing a housing crises; and
WHEREAS, as one means to address the crises, the City Council amended the Integrated Development Ordinance to authorize “Safe Outdoor Spaces” within the City; and
WHEREAS, the Planning Department thereafter approved several applications for Safe Outdoor Spaces; and
WHEREAS, the Land Use Hearing Officer on multiple occasions reversed the decision of the Planning Department, requiring the applicant to submit additional materials on order to obtain the required permit for a Safe Outdoor Space; and
WHEREAS, as a result of these administrative burdens, several applicants abandoned efforts to develop Safe Outdoor Spaces; and
WHEREAS, only two Safe Outdoor Spaces have been developed within the City, and both are accessible only to individuals with vehicles; and
WHEREAS, the City of Albuquerque has been enjoined from enforcing restrictions on camping, including camping in parks and open space, until it provides sufficient beds for the unhoused population; and
WHEREAS, the City must act urgently to provide more beds as quickly as possible, both to ensure that it provides shelter for the unhoused population and to ensure that it can protect its open space; and
WHEREAS, some unhoused individuals prefer outdoor areas, including Safe Outdoor Spaces, to indoor shelter space, and as a result any effort to expand the number of available beds should include outdoor areas such as Safe Outdoor Spaces; and
WHEREAS, it is the responsibility of the entire City to address the housing crises, and the burden of addressing that crisis should not fall more heavily on certain areas within the City.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. The requirements of Table 6-1-1 of the Integrated Development Ordinance, as applied to Safe Outdoor Spaces, are hereby suspended. Until further action is taken by the Council, the decisions of the Planning Department with regard to applications for Safe Outdoor Spaces will be deemed final administrative decisions, and those decisions will not be subject to appeal to the Land Use Hearing Officer or the City Council.
SECTION 2. The Planning Department shall only approve two Safe Outdoor Spaces per Council district.
SECTION 3. The Department of Health, Housing and Homelessness shall identify potential locations for Safe Outdoor Spaces operated by the City and shall, within 45 days, submit applications for at least three Safe Outdoor Spaces. In addition, the Department shall identify current resources available for the operating costs of those Safe Outdoor Spaces. The Department shall, within 60 days, submit a report to City Council that describes the status of those applications, identifies any additional locations for Safe Outdoor Spaces to be operated by the City, and identifies any additional resources needed for the City to operate Safe Outdoor Spaces.
SECTION 4. In addition, the Department shall, within 60 days, prepare a report to City Council that identifies the number of beds needed to provide shelter to the unhoused population within the City of Albuquerque, identifies the resources needed to provide those beds, and sets forth a plan to provide those beds in the shortest possible time frame.
SECTION 5. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word, or phrase of this Resolution is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Resolution. The Council hereby declares that it would have passed this Resolution and each section, paragraph, sentence, clause, word, or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.