It has been reported that the Albuquerque City Council has deferred adopting the two-year rewrite of the City’s comprehensive plan known as the ABC-Z project. (See Albuquerque, Metro & New Mexico, Section C, “Council defers decision on comprehensive plan” page C-1).

Adoption of the plan is beginning to generate heated debate now that affected neighborhoods are realizing just how dramatic of a change it will mean on their neighborhoods.

Some critics go as far as to say the new plan is “racist”. (See ABQ Free Press article “New ABQ Urban Plan Racist”, March 3, 2017)

Many who oppose the plan are urging postponing and adoption of the plan for 12 to 18 months to allow for more public input, particularly from communities of color, which makes sense.

The Albuquerque Chamber of Commerce and the construction and development community are pulling all stops to get the plan adopted before the October 3, 2017 municipal election, no doubt with the support of Mayor Berry.

The Albuquerque Chamber of Commerce and Mayor Berry probably fear the prospect that a new Mayor and a new City Council just may not like the new plan.

It is no secret that Mayor Berry is the darling of the construction and development community, the Albuquerque Chamber of Commerce and organizations such as NAIOP.

Adoption of the plan before Berry leaves office on December 1, 2017 will be one of Berry’s last gifts to the development community.

Mayor Richard Berry, a contractor himself, says the adoption of comprehensive plan is a much-needed rewrite of a patchwork of decades-old development guidelines that has held the city back.

Critics of the new plan say that during drafting of ABC-Z comprehensive plan, public discussion lacked a representative of a number of minority voices and minority communities, and argue the document will allow the continued location of polluting industries in predominantly minority neighborhoods. (See Albuquerque Free Press article “New ABQ Urban Plan Racist”, March 3, 2017).

GENTRIFICATION MEANS DISPLACEMENT

The Merriam-Webster dictionary defines “gentrification” as “the process of renewal and rebuilding accompanying the influx of middle-class or affluent people into deteriorating areas that often displaces poorer residents.”

The City web site on the plan says the rewrite of the comprehensive plan is an attempt to bring “clarity and predictability” to the development regulations and to attract more “private sector investment”. (See Albuquerque Journal “City trying to weed out redundant regulations”, page A-1, February 20, 2017)

Currently, there are sixty (60) sector development plans which governs new development in specific neighborhoods.

Forty (40) of the development plans have their own “distinct zoning guidelines” that are designed to protect many historical areas of the city.

Examples of areas of the city governed by long standing sector development plans include Barelas, San Jose, Hunning Highland, Silver Hills, Nob Hill and Old Town.

There are also historical overlay zones that will be affected.

It is being proposed that the number of zones go from 250 to fewer than 20, which by any terms is dramatic.

The city’s web site on the plan rewrite claims key goals include “improve protection for the city’s established neighborhoods and respond to longstanding water and traffic challenges by promoting more sustainable development”.

Using the words “promoting more sustainable development” means developers want to get their hands on older neighborhoods and develop them as they see fit with little or no regulation at the best possible cost to make a profit.

There is merit to what many critics say that the ABC-Z project rewrite is nothing more than making “gentrification” an official city policy and the “gutting” of long standing sector development plans by the development community to repeal those sector development plans designed to protect neighborhoods and their character for the sake of development.

POSPONE ADOPTION UNTIL AFTER THE ELECTION

The final version and adoption of the ABC-Z comprehensive plan will have long term impact on our neighborhoods and the development community for years to come.

The City Council should do what is right and conduct a series of City Council special meetings to get input directly from affected minority communities.

The Albuquerque City Council needs to show a little common sense and defer its adoption of the ABC-Z comprehensive plan until after the October 3, 2017 municipal election.

Voters need to demand that all candidates for Mayor and City Council take a position on the issue.

http://www.freeabq.com/2017/03/06/da-doing-less-with-more/

This ABQ Free Press Article, March 6, 2017 • ABQ FREE PRESS WEEKLY on the Bernalillo County District Attorney’s Office entitled ” Raul Torrez Has it Backwards on Budget, Workload” by retired APD Police Sergeant Dan Klein substantiates what I said in my February 9, 2017 blog article “Try Doing Your Job First Before Complaining.”

Based on my own experiences with the Bernalillo County District Attorney’s office, Torrez can do the job with the resources he has.

The Bernalillo County District Attorney’s office is the largest law firm in the State of New Mexico and its budget dwarfs all other DA offices in the State, as it should, because it has the highest caseloads.

The DA’s office employs 287 people which include 108 attorneys, 35 Prosecution Specialists, 15 Victim advocates, 15 investigators 114 Support Staff.

When I was appointed Chief Deputy District Attorney by District Attorney Jeff Romero, we were faced with the identical dilemma of heavy caseloads, stacks and stacks and stacks of files in the hallways because of no storage, a poor case management system and poor working conditions in a deteriorating building, low salaries, bad morale.

Four years later and when we left, the District Attorney’s office was in the best shape it had ever been with increased staffing, salary increases, an updated case management system, the construction of a brand new District Attorney’s Office and significantly reduced cases loads complying with national standards.

Torrez can get the job done, but it will require him to make difficult decisions, decisions he was elected to make, especially when it comes to caseloads and deciding what cases have merit to pursue and what cases should be dismissed.

No doubt the biggest challenge Mr. Torrez now faces is how to deal with high profile cases, especially police officer involved shooting cases.

There are over 36 police officer involved shooting cases pending review and a decision on whether to bringing charges against police officers for unjustified shootings.

I have high hopes for Mr. Torrez and confident he has a strong desire to do a good job.

Only time will tell if he is up to the task of managing the largest law firm in the State of New Mexico.

http://www.freeabq.com/2017/03/01/new-abq-urban-plan-racist/

This Albuquerque Free Press article on the two-year rewrite of the City’s comprehensive plan known as the ABC-Z project should be mandatory reading for all candidates for Mayor and City Council before they are asked a question on the topic and their eye’s glaze over.

The Merriam-Webster dictionary defines “gentrification” as “the process of renewal and rebuilding accompanying the influx of middle-class or affluent people into deteriorating areas that often displaces poorer residents.”

Gentrification by any other name still means displacement.

It sure does look like the rewrite of the City’s Comprehensive plan known as the ABC-Z project is nothing more than making “gentrification” an official city policy.

According to the City, the rewrite of the comprehensive plan is an attempt to bring “clarity and predictability” to the development regulations and to attract more “private sector investment”. (See Albuquerque Journal “City trying to weed out redundant regulations”, page A-1, February 20, 2017)

Currently, there are sixty (60) sector development plans which governs new development in specific neighborhoods.

Forty (40) of the development plans have their own “distinct zoning guidelines” that are designed to protect many historical areas of the city.

Examples of areas of the city governed by long standing sector development plans include Barelas, Hunning_Highland, Silver Hills, Nob Hill and Old Town.

There are also historical overlay zones that will be affected.

It is being proposed that the number of zones go from 250 to fewer than 20, which by any terms is dramatic.

City Planning Department Director Suzanne Lubar claims that updating the comprehensive plan is necessary to keep up with growth trends because Bernalillo County’s population of 680,000 is expected to grow by 300,000 by 2040.

The City argues that with the rewrite of the comprehensive plan, it will be able to administer and enforce the city’s zoning system consistently.

The city’s web site on the plan rewrite claims key goals include “improve protection for the city’s established neighborhoods and respond to longstanding water and traffic challenges by promoting more sustainable development”.

Economic development and job creation are also being argued as a benefit to rewriting the Comprehensive Plan.

Using the words “promoting more sustainable development” means private developers and development organizations like NAIOP want to get their hands on older neighborhoods and develop them as they see fit with little regulation at the best possible cost to make a profit.

There is merit to what many critics say that the rewrite is nothing more than the “gutting” of long standing sector development plans by the development community to repeal those sector development plans designed to protect neighborhoods and their character for the sake of development.

http://www.kob.com/business-news/city-albuquerque-skyscraper-challenge-contest-downtown-vacant-buildings-mayor-richard-berry-development/4415231/?cat=500

Berry is 8 months from leaving office and is still searching for another legacy construction project he can give to all his construction buddies and development friends in NAIOP and once again at the expense of city taxpayers.

Berry wants developers to erect a commercial “iconic and skyline-defining” building at least 360 feet high in downtown Albuquerque using city owned property that would be sold or leased and located at 3rd street and Marquette or 2nd street and Silver.

The mayor’s Chief of Staff Gilbert Montano goes as far as saying “The millions of dollars that this investment could create, spur and develop for our downtown and our city, the Class A office space, the multi-use live work play opportunities that these types of developments can provide also is a tangible benefit that we hope to see created.”

There is a slight problem. Albuquerque has a chronic commercial vacancy rate city wide of 22.8% based on information from CBRE, the largest real estate investment manager in the United States.

The downtown commercial office space vacancy rate is 35% according to local commercial real estate experts.

Montano’s comments reflect a disastrous “field of dreams” approach to commercial real estate development of “build it at they shall come”.

Rental of Class A office space is highly expensive with very few businesses existing in Albuquerque that can afford it.

Private companies who can afford Class A office space usually buy and build to suite and avoid renting office space.

Maybe there is a silver lining to this if the building materializes.

In a few months, the ART Bus project will be completed and Albuquerque will have a brand new empty bus line to carry ghost passengers to an empty “class A” commercial office building if it is built.

Berry needs to get his NAIOP buddies to build him a 360-foot-high “obelisk” like the Washington Monument instead in downtown Albuquerque that won’t jack up vacancy rates and we can name it “Berry’s Obelisk” or have a contest on what to call it.

There are fourteen (14) candidates for Mayor registered with the Albuquerque City Clerk’s Office for the October 3, 2017 municipal election.

From February 16, 2017 to April 28, 2017 all candidates for Mayor will be given ten (10) weeks to collect 3,000 nominating petition signatures from registered Albuquerque voters.

Candidates for Mayor seeking public financing have from February 16 to March 31, or six weeks, to collect 3,600 qualifying $5.00 donations from only Albuquerque registered voters to secure $370,000 in public financing.

Before signing petitions and donating to candidates, voters should know where candidates stand on the issues they care about and what they will do if elected.

A few questions and issues candidates for Mayor need to think about and disclose their positions on include the following:

City Personnel and Services:

1. Will you replace the current Chief Administrative Officer, City Attorney, Chief of Police, Fire Department Chief, Chief of Staff, Chief Operations Officer and all other current department directors and if so with whom?
2. Are you in favor of a state “right to work statute” that would impact or eliminate city employee unions?
3. Are you in favor of privatizing city services or work such as public safety, the 311 call center operations, the bus system or the maintenance and repair work done at city facilities such as the Bio Park?

APD and Crime:

1. What is your position on the Albuquerque Police Department (APD) and the Department of Justice (DOJ) consent decree and mandated reforms?
2. Should the APD Chief, Assistant Chief, Deputy Chiefs and APD command staff be replaced?
3. Should a national search be conducted for a new law enforcement management team to assume control of APD and make changes and implement the DOJ consent decree mandated reforms?
4. Should the function of Internal Affairs be removed from APD and civilianized under the city Office of Inspector General, the Internal Audit Department and the City Human Resources Department?
5. What are your plans for increasing APD staffing levels and what should those staffing levels be?
6. What would you do as Mayor to enhance civilian oversight of APD and the implementation of the Department of Justice mandated reforms?
7. Since 2010, there have been 41 police officer involved shootings and the city has paid out $50 million to settle deadly force and excessive use of force cases. Should the City return to a “no settlement” policy involving alleged police misconduct cases and require a trial on the merits or a damages jury trial?
8. What are your plans or solutions to bringing down high property and violent crime rates in Albuquerque?
9. Should APD personnel or APD resources be used in any manner to enforce federal immigration laws and assist federal immigration authorities?

The Economy:

1. What strategy would you implement to bring new industries, corporations and jobs to Albuquerque?
2. Albuquerque’s major growth industries include health care, transportation, manufacturing, retail and tourism with an emerging film industry. What programs would you propose to help or enhance these industries?
3. Do you intend to keep the current Director of the City’s Economic Development Department and support staff?
4. To what extent should tax increment districts, industrial revenue bonds and income bonds be used to spur Albuquerque’s economy?
5. What financial incentives do you feel the city can or should offer and provide to the private sector to attract new industry and jobs to Albuquerque, and should that include start-up grants or loans with “claw back” provisions?
6. What sort of private/public partnership agreements or programs should be implemented to spur economic development?
7. What sort of programs or major projects or facilities, if any, should the city partner with the State or County to spur economic development?
8. What programs can the city implement to better coordinate its economic development with the University of New Mexico and the Community College of New Mexico (CNM) to insure an adequately trained workforce for new employers locating to Albuquerque?
9. Are you in favor of the enactment of a gross receipt tax or property tax dedicated strictly to economic development, programs or construction projects to revitalize Albuquerque that would be enacted by the City Council or be voter approved?
10. Do you support the continuation of the “Innovate Albuquerque” program or its expansion?
11. What programs can Albuquerque implement to insure better cooperation with Sandia Labs and the transfer of technology information for economic development.

Planning and Development:

1. What is your position on the two-year rewrite of the City’s comprehensive plan known as ABC-Z project which is an attempt to bring “clarity and predictability” to the development regulations and to attract more “private sector investment”? Critics say it is nothing more than the “gutting” of sector development plans by the development community and to repeal all sector development plans designed to protect neighborhoods and their character.
2. Should the City of Albuquerque seek the repeal by the New Mexico legislature of laws that prohibit city annexation of property without county approval?
3. What is your position on the Santolina development project on the West side and should it be annex by the City?

Education:

1. Should the City of Albuquerque have representation or be included on the Albuquerque School board, the University of New Mexico Board of Regents and the Community College of New Mexico Board?
2. What should the City do to help reduce high school dropout rates?
3. Should the City of Albuquerque advocate to the New Mexico legislature increasing funding for early child care development programs and intervention programs with increased funding from the permanent fund?
4. What education resources should or can the City make available to the Albuquerque school system?

Poverty and the Homeless

1. What should be done to reduce the homeless population in Albuquerque?
2. What services should the City provide to the homeless and poor if any?
3. Should the City continue to support the “coming home” program?
4. Should the city be more involved with the county in providing mental health care facilities and programs?

Taxation and Project Financing:

1. Are you in favor of increasing the city’s current gross receipts tax or property taxes to pay for essential services and make up for lost gross receipt tax revenues caused in part by the repeal of the “hold harmless” provision and that has mandated budget and personnel cuts during the last 7 years?
2. Do you feel that increases in gross receipts taxes should be voter approved?
3. Are you in favor of diverting any funding from the Bio Park tax enacted by city voters that will generate $250 million for other services or projects not associated with the Bio Park?
4. The City has borrowed over $63 million dollars over the past two years to build “pickle ball” courts, baseball fields and the ART bus project down central by bypassing voters and using revenue bonds as the financing mechanism to pay for big capital projects. Do you feel revenue bonds is an appropriate funding mechanism for large capital projects?

Ballot Initiatives:

1. What is your position on the mandatory sick leave initiative known as the “Healthy Workforce” ordinance mandating private businesses to pay sick leave to employees and that will appear on the October 3, 2017 ballot?
2. Should the City and the City Attorney’s office enforce the increase in the minimum wage enacted by voters and the mandatory sick leave initiative if it is enacted?
3. What is your position on the proposed increase in public financing for Mayoral candidates from $360,000 to $640,000 that will appear on the October 3, 2017 ballot?
4. If you qualify to be a public finance candidate, will you truly be a public finance candidate or do you intend to rely upon measured finance committee’s set up to promote your candidacy for Mayor?
5. Should major capital improvement projects such as the Albuquerque Rapid Transit project, be placed on the ballot for voter approval?
6. What is your position on the ART Bus project and should it be stopped or scaled back if Congress does not fund the federal grant?
7. Should Albuquerque become a “sanctuary city” by City Council resolution?
8. Should the issue of Albuquerque becoming a “sanctuary city” be placed on the ballot for voter approval?

CONCLUSION

Voters are entitled to and should expect more from candidates than fake smiles, slick commercials, and no solutions and no ideas. Our City needs more than promises of better economic times and lower crime rates for Albuquerque and voters need to demand answers and hold elected officials accountable.

It has been reported that former APD Police Officers Keith Sandy and Dominique Perez will not face another trial for the killing of homeless camper James Boyd with charges dismissed. (See February 25, 2017 Albuquerque Journal “DA: Perez ,Sandy will not face retrial; DA says second trial would likely not have a different result”, page A-1)

As a former Bernalillo County Chief Deputy District Attorney who has prosecuted violent crime cases, including murder and rape cases, I believe it was “the right thing to do” to dismiss the charges against Keith Sandy and Dominique Perez after a deadlocked jury could not reach a verdict.

Justice was served with the preliminary hearing and original trial even if you disagree with the outcome and this is how our judicial system works with the presumption of innocence and the state having to prove guilt “beyond a reasonable doubt” to a jury.

A prosecutor is required to go through a very difficult and lengthy process of review and deliberation to decide to dismiss a case after a jury “dead locks” and cannot reach a verdict of “guilty” or “not guilty”.

The prosecutor must determine what is right and if justice will be served with a new trial.

The process includes reviewing all the physical and forensic evidence and testimony presented at the trial, determining if anything was missed, and then deciding whether the outcome could be any different presenting the same evidence during a new trial before a different jury.

If “new evidence” somehow surfaces after the trial, a decision must be made whether that “new evidence” will make any difference to a different jury.

The prosecutor will confer with victims or members of a deceased victim’s family of a crime to get their input on a new trial.

The prosecutor will also confer with the witnesses to determine if their testimony will change.

A new trial is also a financial decision.

Simply put, will a new trial be too great of a burden on the resources of a prosecuting agency to the extent that it will affect other cases in the office?

Ultimately, the biggest determining factor is “will justice be served with a new trial”.

This was a case that needed to be charged and needed to be tried because police officers must be held to a higher standard and they cannot be above the law, any time.

Police Officers cannot be allowed to break the very laws they are sworn to enforce, and there are times that only a jury must make that decision.

During the last 7 years, Albuquerque has had 41 police officer involved shootings with close to $50 million dollars paid out in settlements for police misconduct cases and the use of deadly force cases.

Many of the deadly force cases settled involved the mentally ill.
The Albuquerque Police Department is under a federal consent decree after a finding of a “culture of aggression”.

New policies and training are being implemented by APD to deal with crisis intervention and the mentally ill.

If we have learned a single thing during the last 7 years as a community, it should be that deadly force cases and excessive use force cases by police officers must be, without any exception, justified.

I watched the trial by “live stream” provided by a TV station.

I believe justice has been served with the preliminary hearing and the criminal trial of Dominique Perez and Keith Sandy.

Both were afforded due process of law and given a fair trial.

Both the prosecution and the defense did an exceptional job in presenting their cases.

It is not likely that a new trial of Keith Sandy will be any different, it probably will result in another dead locked jury or for that matter a verdict of not guilty.

Justice has been served with the trial and the jury verdict as is.

APD is in the middle of a reform process relating to its use of force and use of deadly force policies, and hopefully lessons have been learned by APD from this very difficult case that was so divisive to our community.