CITY of ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-6 ENACTMENT NO. ________________________
SPONSORED BY: Tammy Fiebelkorn
ORDINANCE
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Amending The Appointment Method, Membership Requirements, And Duties Of The Open Space Advisory Board (Fiebelkorn)
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AMENDING THE APPOINTMENT METHOD, MEMBERSHIP REQUIREMENTS, AND DUTIES OF THE OPEN SPACE ADVISORY BOARD.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. Chapter 2, Article 6, Part 16 “Open Space Advisory Board” is amended as follows:
§ 2-6-16 OPEN SPACE ADVISORY BOARD.
“(A) Open Space Advisory Board Created. There is created a seven-member committee to be known as the Open Space Advisory Board.
(B) Appointment. As vacancies on the Board occur or as terms expire, the Chair of the Open Space Board shall notify the Chief Administrative Officer and the Director of Council Services of the vacancy or the expired term within 30 days. Upon receiving notice the City Council and Mayor shall alternatively appoint members with the City Council making the first appointment. All appointments shall be subject to City Council approval. The existing Board members may make recommendations to the Mayor and City Council for candidates to fill vacancies on the Board. If either the Mayor or City Council, after receiving notice of a vacancy or an expired term fails to name a replacement Board member within 45 days of notice of the vacancy, then the other body shall make the appointment. Applications received for a board member position shall be distributed within two days of submittal to both the Administration and the City Councilor for the Council District where the applicant resides. The Board members shall be appointed for staggered terms of three years, unless an appointment is to fill a vacancy. An appointment to fill a vacancy shall be for the unexpired term. Terms shall begin on the day of the City Council’s approval of the nomination.
(C) Member Qualifications. Members shall be residents of the City with a demonstrated commitment to the accomplishment of the Albuquerque/Bernalillo County Comprehensive Plan. Members shall be knowledgeable as to open space, ecology, the real estate market, urban and regional planning and/or related law.
(D) Duties, Responsibilities, Powers.
(1) Study data, including ecological data, which should guide the adoption and amendment of open space plans and programs, maintain liaison and seek input from citizen interest groups including especially the Open Space Task Force.
(2) Advise the EPC, the Mayor, and the City Council as to an appropriate City open space program, which advice shall include:
(a) Implementation of adopted open space plans;
(b) Recommend to the City Council for its approval, a list of priority properties suitable for acquisition through purchase, exchange, or any other suitable mechanism, for purposes of "major public open space" or "public easement or rights of way" for open space purposes, the locations of which are consistent with the policies of the Albuquerque/Bernalillo County Comprehensive Plan. Such recommendations shall be based upon policies or procedures for the evaluation of open space priority properties as may be approved by resolution of the City Council;
(c) Basic policies on management of City-owned open space;
(d) Criteria for evaluating proposals for significant physical changes and installations on and adjacent to open space lands;
(e) Evaluation of proposals to install extraordinary facilities on City-owned open space; and
(f) Evaluation of proposals to sell, lease, exchange, or otherwise dispose of open space exchange lands or other lands acquired with open space funds.
(3) Advise the City Treasurer or designated trustee on the administration and management of the Open Space Trust Fund.
(4) Annually make recommendations to the EPC, the Mayor, and the City Council on updating the open space program, including land acquisition and other open space capital improvements.
(5) Periodically review open space plans in consultation with citizen interest groups, especially the Open Space Task Force. Advise the EPC, the Mayor, and the City Council on needed new plans and plan amendments, ranging from detailed project plans to the Albuquerque/Bernalillo County Comprehensive Plan. Make recommendations for the annual proposed City planning program.
(6) Upon request, advise or assist the Mayor in negotiations for open space land acquisition.
(7) The Board's recommendations shall be consistent with the conditions imposed on expenditure of interest of the Permanent Fund for Open Space as specified in §§ 4-2-3-1 <https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm/0-0-0-112950> et seq. and the conditions imposed on the expenditure of monies from the Quality of Life Fund as specified in Resolution 89-1987; the Board's proposals shall also take into account all funding sources available for the Open Space program.
(8) Approve the sale or lease of certain interests in Open Space Exchange Lands, as provided in § 4-2-3-5 <https://codelibrary.amlegal.com/codes/albuquerque/latest/albuquerque_nm/0-0-0-112966>.”
SECTION 2. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Ordinance 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 Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3. COMPILATION. Section 1 of this Ordinance shall amend, be incorporated in, and be compiled as part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect five (5) days after publication by title and general summary.
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