El Paso's Natural Open Space: Some Questions for Policymakers and Citizens

Just words on a sign. The picture was taken in 2010. What progress has been made on the Palisades open space since then? Ask the taggers not the City.

[The following was written by elpasonaturally reader, Marshall Carter-Tripp. Not only are her points and questions thought-provoking, they represent the frustratioon that many citizens have with the open space policies of the City of El Paso. elpasonaturally had always looked at the Boulder, Colorado ordinances as the best examples of controlling sprawl and preserving open space. Do not expect the any strides in a similar direction from the current reactionary El Paso City Council. To do the right thing will require a sea change in the next two City Council elections in which conservation-minded persons are elected and the sprawler puppets retired.

The Open Space Advisory Board meets tomorrow, September 2nd, at 3PM in City Building 3, 801 Texas Avenue, in the unmarked Thorman Conference Room in the basement. The meeting is open to the public and there is a public comment section at the beginning of the meeting for any item not on the agenda.]

Through the PSB stormwater set-aside and the City of El Paso’s Quality of Life funding for Open Space acquisition, El Paso can preserve hundreds of acres of undeveloped Open Space, for the benefit of those who live here – humans and wildlife.  This effort began with City Council approval in late February 2007 of a master plan entitled ”Towards a Bright Future: A Green Infrastructure Plan for El Paso, Texas” (the Open Space Master Plan). A few months later the Plan was awarded the Excellence in Planning Award from the National Association of Recreation Resource Planners (This plan, unfortunately, is no longer readily available on the internet.)   Implementation moved slowly; Council created an Open Space Advisory Board some two and a half years later, in June 2009.   This Board makes recommendations to Council about priorities under the master plan.  It has no authority to require that any action take place; even its ability to discuss various is limited. 

The, perhaps inevitable, result is that Natural Open Space is not a priority for city management and the goals laid out in the Master Plan do not appear to be incorporated into city staff activity.  For example, the Open Space Master Plan calls for expansion of Keystone Heritage Park (as does the City’s Parks Master Plan).  In July 2012 the Open Space Advisory Board progress report noted that the city had purchased 29 acres south of Keystone Dam, which could be used to buffer Keystone.  But in early February 2015, supporters of Keystone learned that the city’s Environmental Services was planning to build a large trash collection site on this land. The possibility that the land in question might contain unexplored cultural resources had not been investigated.   Leaving aside the considerable noise and debris inherent in a trash collection station, which could seriously affect the quality of a visit to Keystone, the decision to build it meant that the Keystone expansion goal could not be realized.  The city had already taken no action to buy land to the north of the park, land that was now under development.

Taking a second example, the Palisades Canyon land acquired by the PSB once it had the purchasing power (the Master Plan had considered it too expensive to list it as a key goal).  Hikers and bikers had visited these 202 acres for many years, despite the “no trespassing” signs.  Usage expanded once the parcel was purchased by the PSB in 2010 and a “welcome to the Palisades” sign was installed.  Nearby residents noted, however, that many of the users did not adhere to the announced rules, such as dogs on leashes, and no private motorized vehicles.  Graffiti appeared along the trail and was not removed, even after requests were made to the streets and maintenance graffiti unit. (The city’s website asserts that graffiti removal is done in public spaces, specifically citing parks.  Apparently because the Palisades is not a park, and the graffiti cannot be seen from the street, removing it is not important.)  Trucks and other vehicles go up the trail almost every day, now apparently to service the transmission tower at the end of Sierra Crest, built in mid-2015.  These are not PSB vehicles; who granted an easement for this traffic?  How much such traffic could be tolerated in Natural Open Space? No city agency takes responsibility for what happens in the Palisades – the “official owner,” the PSB, has no component to supervise Open Space, and the Parks and Recreation Department will only occupy itself with the trailhead, once constructed.  To date even a doggy bag dispenser is lacking.  (And as the Palisades is not a city park, the dog waste ordinance would not apply, so could fines be levied?) 

The city has not supplied staff for other components of the Open Space inventory.  Keystone land is owned by the city, but it has been entirely built and maintained by a private charity, and public outreach is through its Friends of Keystone group.  Similarly, the Rio Bosque wetlands, now owned by the PSB, are managed by UTEP, and a private non-profit Friends group manages public involvement.  Park Partnerships are available for designated city parks, for help with equipment, maintenance and cleanup, but these Natural Open Space areas are not city parks.

Let’s consider what has been done in some other southwestern/western cities.  Boulder is perhaps the poster child for Open Space protection.  Voters there approved a city charter amendment in 1959 that restricted the provision of city services to development below a certain altitude, protecting the mountain from development.   In 1967 the citizens of Boulder followed with a special sales tax to provide revenue for Open Space.  Boulder County then created a Parks and Open Space Department, now celebrating its 40th anniversary.  Key to its operation is a partnership arrangement in which businesses, civic groups, and individuals provide financial and volunteer support to monitor and care for the 100,000 acres plus of Open Space now preserved in Boulder County.

http://www.bouldercounty.org/os/getinvolved/pages/ospartnership.aspx
https://bouldercountyopenspace.org/40/

Nearer home, Albuquerque has nearly 30,000 acres of city-owned Open Space, based on the 1988 comprehensive city plan, complete with Visitor Center!  (And there are many more neighboring acres under state or federal control.) Volunteer programs allow for “adoption” of particular Open Space, and the Open Space Alliance serves as a “Friends of Open Space” group.  Albuquerque’s land is managed by a division within the Parks and Recreation Department.  The management principles are to: 

• Conserve Natural and archaeological resources; 
• Provide opportunities for outdoor education; 
• Provide a place for low impact recreation (in some but not all of the Open Space land), and
• Define the edges of the urban environment. 

https://www.cabq.gov/parksandrecreation/open-space


Looking at these success stories, we in El Paso might ask ourselves:

#1  Where does the acquisition of Open Space fit in Council’s Strategic Plan, if it does?  What concern, if any, is there for conservation of El Paso’s unique asset, the mountain range, excluding further development on it?

#2  Is there a schedule for acquisition of land, and what is the goal in terms of acres?  (El Paso is fortunate to have the Franklin Mountains State Park, nearly 25,000 acres, comprising the largest urban park in the country. But these acres are not enough!)  Should Council consider setting aside at least one meeting a year to review progress and remind staff of the Open Space and Parks Master Plans? 

#3  What might trigger creation of an Open Space division, with staff, in the Parks and Recreation Department?  And associated programs for partners for Open Space or Friends of particular Open Space areas?  (The Parks Department page on the city website shows Marci Tuck as the Open Space, Trails and Parks Coordinator.  Ms Tuck left the department in mid-May, 2015.  Apparently her role is not important enough to replace.   In any case she had no responsibility for open space per se, just connections through trailheads.)

#4  How are citizens to interact with the OSAB and the PSB regarding land acquisition or other Open Space concerns if they cannot attend the daytime meetings and speak during the Call to the Public?  Who determines how much of the PSB Open Space fund is used for Park Ponds rather than the purchase of Natural Open Space?  How can citizens affect these decisions?

- Marshall Carter-Tripp

Kill this Vampire or Is It a Zombie?

At a special City Council meeting yesterday, Dr. Noe asked whether the 10% of stormwater money designated for open space could go to finance some projects around the city. He suggested that the money could be borrowed and paid back. Although Diana Drain wasn't mentioned, this was one of the specific projects that the Mayor wanted to address with the open space funds. The Mayor's old proposal which seemingly died on the vine and the recommendation of that proposal subsequently was rescinded by the Open Space Advisory Board.

Emma Acosta (recently I've been agreeing with her) said that voters had designated that 10% for open space and their vote should be respected. Paraphrasing Carl Robinson, he said that people vote on lots of things but it is no big deal to change that vote. The Mayor said that he might try to approach open space people again. 

Somebody kill this vampire. Or, is it a zombie that just keeps coming? To take the open space money for something for which is is not designated undermines that fund, the acquisition and preservation of open space, the stormwater utility and the Public Service Board.

Dr. Rick Bonart, a candidate for City Council District 1 and a former PSB member, suggests other ways to finance emergencies such as Diana Drain or flooding along Transmountain or I-10 and so forth:

1. If there are real emergencies John Balliew, CEO of EPWU, could pull from the O&M budget because there is elasticity there.

2. The increase in the stormwater fee should, via revenue bonds, be able to generate more that enough cash - a product of the recent rate increase.

3. Implementing a stormwater impact fee is more appropriate than diverting funds the public specifically voted on and decide to use as open space money. 

Dr. Bonart stated unequivocally: "This money [the 10% of the stormwater fee] should be used for genuine open space projects only and that's it.

By the way, HERE is the agenda for yesterday's special council meeting. The conversation drifted from the agenda to flood issues to funding issues to taking open space money. Obviously, until the Council gets the fact that voters (i.e., citizens - and, no, Mr. Robinson you cannot overturn a vote just because you don't like it) designated 10% of their stormwater fees for open space, they can't contemplate its use for something else. More importantly, until they value the preservation of open space, they will continue to contemplate using that money to finance their shortfalls.

Also by the way, there were only 2 citizens from the general public in attendance. Perhaps 30 or 40 staff members were there.

Are these special council meetings (which now seem to be more often) a means to get around public comment and participation? Another vampire. Or a zombie.

Noe No Friend of Conservationists

"They're aligned with Tolbert. That means they like natural open space and protecting little animals. Let's sprawl them! Muahaha!"

David K. shared one of the emails he received as a result of an Open Records Request. It clearly shows that City Council District 5 Representative, Dr. Michiel Noe, is no friend of conservationists:

Noe Email 

The petition, of course, is the one currently in circulation to preserve land north of Transmountain on both sides of the Franklins. 

We shouldn't be surprised by his unfriendly stance toward green. The highest contributors to his 2011 campaign included:

Sun City Properties $7,200 total

Melcan Ltd.  $1,500

Randal O'Leary $1,500 total

Doug Schwartz $1,000

Assoc. of Builders $1,000

Gerald Rubin $1,000

Scott Schwartz $1,000

Dr. Noe is bought and paid for as they say.

On the Eve of the Televised Blue Ribbon

Briefly, here are a couple of points I'd like to make before tomorrow's blue ribbon committee meeting:

First, Dr. Rick Bonart, a PSB member, proposes a Water Use Budget. Currently, a department such as Parks and Recreation can buy all of the water it can with the budget that it has. Instead, they (and others) should be limited to a certain percentage of the water supply - that and no more. A water use budget. 

Second, I'm not sure that I made myself clear in the e-letter yesterday posted on this blog. Some interpreted what I had to say in #2 of that letter was a call to end the 10% of the stormwater fee for purchasing open space. What I was trying to say is that 100% of that 10% should go for purchasing natural open space. As it is now, City Council plays politics with it and spends it on popular shrubs and turf for park ponds for each district. Here we are trying to conserve water which can be done by preserving natural open space in perpetuity but instead we are buying more turf to water! We need to stop that policy now and, in fact, reverse it. Make Parks and Recreation (which already has a bloated budget via the Quality of Life bond) pay it back. Let OSAB and PSB work directly together.

Please read Dr. Bonart's response to Dr. Goodell's letter. It's a comment that he made about that letter. I call your attention to these words:

". . . the Far West Texas 50-year water plan identifies 141k acre feet of water as our sustainable supply (combined from all sources). Last year we used 114k acre feet. In order to achieve the 141k a lot of expensive infrastructure to recycle and distribute will be required.

"Regardless, if the service area population increases at 5%/year as projected, the difference of 27k acre feet will be consumed in 5 to 6 years."

Sustainable supply is what it is all about. Thus, the need for a Water Use Budget and the need to use 100% of the 10% of the stormwater fee to purchase natural open space not more grass to water!

Real Adventure Is Still Alive in El Paso

Note how often outdoor recreation in natural open space is included in this promotional video. Shouldn't we preserve our natural open spaces for a number of reasons including their attraction to others to visit El Paso? Concreting our natural arroyos won't bring in millions in tourist dollars. Concreting our natural arroyos will cost us millions for maintenance and upkeep perpetually. It's too bad that the unaccountable Public Service Board just doesn't get it.

Click on image to enlarge.

Under the Open Records laws of the State of Texas I requested some information about the land sales at Johnson Basin: appraisals, sales records, minutes and agenda of the PSB showing approval of the sales, email to and from Mr. Archuleta and so forth. I have been given a cost associated with compiling and copying the records. Click to enlarge the picture above of the letter to me from Mr. Bob Andron, EPWU attorney, outlining the associated costs. It is obvious that the EPWU/PSB does not want me to see the records. So much for open government and transparency. What are they afraid of? What really happened with the acquisition of the Johnson Basin? Why were procedures not followed? 


I did ask by email today to simply view the records. I've been told that they will get back to me. 


Last year, as a member of the Open Space Advisory Board, I requested a financial statement of our Open Space Fund - the 10% of your stormwater fee that goes for acquiring natural open space. I wanted to see income and expenses - a bank account statement basically. Never, ever was there any mention of property purchased as part of the Johnson Basin acquisition even though the El Paso Inc. story by David Crowder reveals that Joseph and Irene Dunn were paid $370,000 on January 9, 2011. That purchase was even hidden from the PSB contrary to the EPWU/PSB Policies and Procedures 31-03 signed by Mr. Archuleta on December 22, 2003.


In addition, the purchase of property acquisitions with open space money made before 2011 was even hidden from me in an earlier open records request that I made about the same income and expenses. Again, nothing about the purchase of property to acquire the Johnson Basin with open space funds even though such an expense was germane to my request.


Finally, in the 12/07/11 minutes of the Open Space Advisory Board, Mr. John Balliew of the EPWU said publicly that he would provide me with a copy of the PSB minutes regarding the Johnson Basin project discussion. This was separate from my open records request.  To date, I have received nothing from Mr. Balliew and emailed him today asking him to send me that information. Mr. Balliew made his promise at the same OSAB meeting in which  he identified the Johnson Basin as natural open space. I'm sure that the black top at the northwest corner of the "basin" is the natural asphalt pavement - a creative act of God.


Again, what are they afraid of? What really happened with the acquisition of the Johnson Basin? Why were procedures not followed? What is this cover-up all about?

"Looks like a natural arroyo to me"

"Looks like a natural arroyo to me."

"Looks like a natural arroyo to me." Thus spake Richard Shoephoerster, PSB member and Dean of Engineering at the University of Texas at El Paso at the PSB meeting when Ed Archuleta defended the purchase of property referred to as the Johnson Basin. Archuleta tried to justify the purchase using open space money because the land is located near the mountain. (So is the rest of El Paso.) When quizzed by Board member Rick Bonart regarding the cost of the land ($100,000 per acre), Archuleta tried to suggest that it was purchased at $293,000. When pressed about the real cost of $393,000, he said: "I think I've got that spread sheet." No other Board members questioned him about the price, the fact that the purchase was never brought to the Board for approval, a seeming lack of appraisals, and the inane suggestion that once the "facility" (Johnson Basin) is developed, there would be access to the mountain. Really? Sure, walk up a concrete sidewalk along a paved street, Pierce to Alabama - a 4 lane divided road, jaywalk, walk over some more commercial property and, yes, you will come to the entrance of McKelligon Canyon. Or, hop the rock wall onto William Beaumont Property, walk past the old Piedras exit, a retention pond, paved parking lots, hop another wall, trespass through some residential and commercial properties, jaywalk Alabama, etc. The bobbing heads bobbed.


You can see new pictures from Johnson Basin. EPWU is plowing land as fast as it can like the perp in a film noir movie burying the body in the woods.

New sign at Johnson Basin should read: 
"Do Not Take Pictures or Videos of Our Boondoggle or We Will Prosecute"

County Judge Veronica Escobar Speaks Out for Open Space

In the letter below written to Mayor John Cook, County Judge Veronica Escobar supports the "transportation infrastructure investment at Transmountain Road" but not at the expense of preserving natural open space.

Use the buttons below the letter to scroll, magnify, or download your own copy of the PDF.

Judge Veronica Escobar Letter about Transmountain Project and Open Space

PSB to Hear Resolution Against Natural Open Space

PSB to Hear Resolution Against Natural Open Space

Dover Kohl Says "Protect the Gateway"

Plan El Paso_February Charrette_Work in Progress Presentation_Transmountain Slides

Petition Submission and Transmountain Public Hearing Scheduled

Circle these dates and plan to attend if you can:

Tuesday, February 22 @ 8:30 a.m. (approximately) – El Paso City Council. Petition Number 1 will be submitted!

Tuesday, March 1 @ 8:30 a.m. (approximately) – El Paso City Council. Council will hear the TxDOT Transmountain plan and will weigh in on alternatives. They need to hear from you!

Tuesday, March 22 @ 6:00/7:00 p.m. – Canutillo High School – TxDOT’s formal public hearing for the Transmountain Road Project I-10 east to the Franklin Mountain State Park entrance. (See below).

The Federal Highway Administration has given TxDOT approval to release the Environmental Assessment (EA) for public comment and review. TxDOT’s Environmental Assessment is available online. It’s a big file so be patient and prepared to use the magnifying tool. The formal public hearing is scheduled for March 22nd at Canutillo High School starting at 6 p.m. with an open house.

Here is the information as published at http://www.txdot.gov/public_involvement/hearings_meetings/elp_375_032211.htm:

Public Hearing - Loop 375 Transmountain Rd. Project I-10 to east of the Franklin Mountain State Park Entrance

Where:	Canutillo High School Cafeteria 6675 South Desert Blvd. El Paso, TX	When:	Tuesday, Mar. 22, 2011 6 p.m. - Open House 7:00 p.m. - Public Hearing
Purpose:	The purpose of the hearing is to provide information about the proposed improvements to Loop 375 from I-10 to east of the Franklin Mountains State Park entrance, a distance that includes approximately 3.6 miles of mainlanes and approximately 2.10 miles of frontage roads (from Northwestern Drive to Paseo Del Norte Drive).
Description:	The proposed improvements will consist of expanding the current two-lane undivided roadway to a four-lane divided roadway with two-lane frontage roads. The improvements also include grade separated intersections at Northwestern Drive, Resler Drive, Plexxar Drive and Paseo del Norte Drive as well as two direct connectors from Loop 375 west to I-10 east and from I-10 west to Loop 375 east. As part of this project shared hike-and-bike trail will be constructed separate from the roadways, near the Loop 375 right-of-way line, between the intersections of Northwestern Drive and Paseo del Norte Drive. Access to the LP 375 main lanes and frontage roads will be by means of entrance and exit ramps at various locations between intersections. The right-of-way (ROW) footprint and geometric design provides for expansion to six main lanes from Northwestern Drive to east of Paseo del Norte Drive.
Downloads:	· Notice of Public Hearing · Notice of Public Hearing (Español) · Project Location · Environmental Assessment
Contact:	TxDOT El Paso District Public Information Office Phone: (915) 790-4200

There’s more – much more. Enough for now.

Petition Drive Nears Its Goal

People stop to sign petitions at the corner of Helen of Troy and Resler on Saturday.

Nearly 170 people stopped to sign petitions on Saturday to preserve the Scenic Transmountain corridor. Some pulled their car over when they saw signs. Others took a break from their walk or jog. A few drove from faraway just to sign. Besides the nine persons who volunteered to collect signatures along the Pat O'Rourke Trail for two hours Saturday morning, two other passer-by's stayed to help. Several people took blank petitions in order to ask their friends, associates and family members to sign.

It is hard to count the numbers now because there are several efforts currently to get signatures. Of the petitions that we know about 1499 have signed the "preserve" petition and 1424 have signed the "preserve + no roadways" petition.

Plan to attend First Friday (Facebook event page and Map) on February 4th or return to the O'Rourke Trail next Saturday if you would like to sign.

Petition WILL Continue

You have probably already seen the results of the vote on rezoning the Scenic Transmountain Corridor. By a vote of 3 to 5, City Council did not pass the proposed ordinance. Only Beto O’Rourke, Susie Byrd and Steve Ortega voted for it. What happened? After all, when Council first voted to begin the rezoning process, Ann Morgan Lilly and Eddie Holguin voted in the affirmative.

There are two reasons: first the fear that to vote otherwise would mean that El Paso would lose the $85 million for the Transmountain highway/freeway project. (This just isn’t true.) In addition, Council members were convinced that SmartCode will preserve the land almost as well as NOS (not true) and that the Staff recommendation should be followed. (The rumor is that staff at the behest of City Manager Joyce Wilson went for SmartCode.) The conviction was also there that Mr. Archuleta and the PSB would find SmartCode acceptable.

There are two problems with the PSB, Archuleta and SmartCode. Email between Archuleta and Wilson seem to indicate a reticence about SmartCode on the part of the President/CEO of El Paso Water Utilities/Public Service Board. Nevertheless he repeated his willingness to work with SmartCode during his address to Council prior to the vote. He also indicated willingness to consider changing the proposed commercial development along the edge of the Scenic Corridor. However, he can’t speak for the PSB which passed a vitriolic resolution against NOS zoning on October 22^nd. That resolution was brought to the Board’s Strategic Planning meeting by Ed Archuleta and is still posted among John Cook’s online documents. It also adamantly states their position to stay with the Westside Master Plan. (Something they won’t be able to do anyway since their consultant, URS, has already pointed out drainage deficiencies.)

On Wednesday, Matt McElroy, Deputy Director of the city's Planning and Economic Development Division, gave a presentation on SmartCode to PSB members. Asked if they wanted to back-off of the resolution that in essence prohibits SmartCode, PSB members said “NO”. That intransigence makes promises by Archuleta to work with SmartCode somewhat difficult and supplies him with an “out”.

One wonders whether Council Representative Ann Lilly would now change her vote given that she gave as her justification the desirability of SmartCode.

Given all of the above, where is the Franklin Mountain Wilderness Coalition’s two petitions? After much discussion, the gathering of signatures will continue with even more enthusiasm than before.

The urgency was to have more than enough petitions ready for the NOS vote. Many of you worked so hard to make that happen. I appreciate so much those of you who mailed petitions and brought them by my house. One of you drove a long way to give me a petition signed by just yourself and your wife. AND one person even spent over $30 to FedEx petitions to me overnight so that I would have them in time for the Tuesday Council meeting. That is a testimony to this cause and to the love of and sacrifice for our democratic form of government and our sacred right as citizens to participate.

Since the vote, I have been inundated with emails wanting to continue the effort to preserve our Scenic Corridor. Many, who didn’t sign before, are requesting to do so now.

We are so close to gathering the full 1547 signatures. The real drive now is to make sure that there are more than the minimum necessary to “bullet proof” the petitions in case some signatures are discovered to be invalid.

Please keep going. You can download both petitions at www.franklinmountains.org. Both need to be filled out by registered voters living in the City of El Paso. If you can help gather petitions at public events and places, please email me.

We aren’t going to give up.

Finally and quite sadly, after the vote on Tuesday, District 1 Representative, Ann Morgan Lilly, said that El Paso suffers from “petition-itis”. What we should be doing, she prescribed, is just going along with our City Council and City staff and not muck things up.

Being a citizen in a free society is one of our most sacred values and trusts. Ms. Lilly seems to have forgotten that Initiative by Petition is part of our City Charter. She also seems to have forgotten these bedrock words of the First Amendment to the Constitution of the United States and of our free society: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

The level of activism of our citizens makes us all proud to be El Pasoans. Many take time to go to City Council and speak every week. Many email, write letters, make phone calls. Many are involved with a variety of political and service organizations. Some even spend hard-earned money on FedEx overnight services to be sure that their “vote/petition” is heard!

El Paso doesn’t suffer from “petition-itis”, it suffers from “elitism” and “politician-itis”.

Politician Ann Morgan Lilly has announced that she will seek re-election to City Council from District 1 in May.

Attend City Council Tuesday, January 11, at 8:30 a.m.

Thanks for your petitions! They have been coming in batches of a hundred (or 220 in one case), twenty, one sheet per petition, two sheets and so forth. Hundreds signed on as they awaited the beginning of the Sun Bowl. El Pasoans from all districts and demographics kept saying things like “Keep our mountains natural” and “Don’t let a few rich people take away our view and our access to the mountains.”

If you can’t mail them to me today, call or email me and let’s find a time when we can meet up. I’ve already had nearly a dozen people come by the house with notarized petitions.

If you can, plan now to attend the upcoming City Council meeting next Tuesday, January 11 at 8:30 a.m. Item #7A on the regular agenda is the ordinance to rezone land in the Transmountain Scenic Corridor as Natural Open Space. This is what we have been waiting for. It is important that everyone of us who can will get there on Tuesday. I’ll be honest, because a Traffic Impact Analysis may not be completed and, of course, TxDOT is still weeks away from releasing a final EA (more on both of these below), there is a chance that the vote on NOS may be postponed – a chance. I’ll keep you updated as best as I can. However, even if it is postponed, let the Mayor and City Council representatives see you there!

There is back-up material available online about this agenda item. It includes not just the proposed ordinance and engineering surveying reports, it also includes many of your comments that you emailed to City officials prior to the CPC meeting in November. Take time to email your Representatives now and tell them that you want the Scenic Transmountain Corridor preserved as Natural Open Space:

Mayor John Cook - mayor@elpasotexas.gov

District #1 Rep. Ann Morgan-Lilly - district1@elpasotexas.gov

District#2 Rep. Susie Byrd - district2@elpasotexas.gov

District #3 Rep. Emma Acosta - district3@elpasotexas.gov

District #4 Rep. Carl Robinson - district4@elpasotexas.gov

District #5 Rep. Rachael Quintana - district5@elpasotexas.gov

District #6 Rep. Eddie Holguin - district6@elpasotexas.gov

District #7 Rep. Steve Ortega - district7@elpasotexas.gov

District #8 Rep. Beto O'Rourke - district8@elpasotexas.gov

Also included in the back-up material is the infamous report from staff and CPC and the over-the-top resolution of the PSB – which was a slap in the face of every City Council representative. (At the same time that the PSB passed its resolution, it published a video against NOS – a video requested by Mayor John Cook. Another slap in the face.) However, there is also the resolution from the Coalition of Neighborhood Associations. A resolution from the Eco-Tourism Committee of the County of El Paso was just released this morning from Judge Escobar’s office. It supports preserving the Scenic Transmountain Corridor as Natural Open Space and calls for moving the proposed Paseo del Norte interchange closer to the gas line road. It calls on the Public Service Board (which launched a major offensive against open space) to modify its Westside Master Plan and asks that the expansion of Transmountain east of the gas line road be done at grade only.

By the way, Elpasonaturally has learned through a source inside of City Hall that a Traffic Impact Analysis will reveal that moving Paseo del Norte nearer the gas line road will not negatively impact traffic in future development of the Westside Master Plan. Whether that report will be “ready” by next Tuesday remains to be seen.

Certainly TxDOT’s EA that so far suggests that there will be a finding of “no significant impact” flies in the face of your petitions as well as objections that have come from the Texas Department of Parks and Wildlife – namely, no wildlife corridor, no safe entrance to the State Park and plans by TxDOT to use non-native, invasive plants in landscaping the road.

However, know that proponents of the rezoning the Scenic Corridor do not oppose the overall project to widen Transmountain.

Scott Cutler, the President of the Franklin Mountains Wilderness Coaltion, says:

“ . . . the Coalition is not opposed to the expansion of Transmountain Road. We feel this is a needed safety measure that will increase the safety of drivers using the roadway . . . I hope it is clear that the petitions are in no way designed to stop the widening of Transmountain Road. Preserving the approximately 700 acres of public land as open space will not impact the widening process as the land needed for TxDOT's right of way has already been set aside for the widening process.”

The issue for TxDOT is responding to Parks and Wildlife and to you, the people of El Paso, regarding moving Paseo del Norte and widening Transmountain at grade only east of the gas line road.

So far, TxDOT has shown indifference to the general public's concerns:

· No safe entrance to Tom Mays Park

· No wildlife corridors

· The unnecessary expense of the Plexxar overpass (estimated at $8 million)

· The threat that, without development of all the acreage in the Westside Master Plan including not rezoning a mere 792 acres as NOS, all of the money for the project will go away – an assertion hinted at by Mayor Cook in his October newsletter and his email responses to you that he has never retracted publicly in spite of all evidence to the contrary.

Enough for now. Let’s get to City Council next Tuesday at 8:30 a.m.

County Eco-Tourism Committee Supports Open Space

Ruben Vogt, the Director of Public Policy for County Judge Veronica Escobar, announced this morning that the County of El Paso Eco-tourism Committee supports a resolution in favor of preserving the Scenic Transmountain Corridor as Natural Open Space while calling for moving the proposed Paseo del Norte interchange closer to the gas line road. It calls on the Public Service Board (which launched a major offensive against open space) to modify its Westside Master Plan and asks that the expansion of Transmountain east of the gas line road be done at grade only.

Here is the full resolution:

Resolution Supporting Re-Zoning Land in the Transmountain Scenic Corridor as Natural Open Space

WHEREAS: the Transmountain Scenic Corridor in northwest El Paso is the only scenic corridor and can be preserved by rezoning it as Natural Open Space and by creating a conservation easement which will keep the land as Natural Open Space in perpetuity;

WHEREAS: the City Council of El Paso, Texas directed City staff to initiate the process for rezoning at its regular meeting on October 12, 2010;

WHEREAS: amenities such as open space, parks, additional outdoor recreational opportunities and scenic beauty will attract quality businesses and industries to re-locate to El Paso and offer higher-paying, quality jobs;

WHEREAS: the Public Service Board’s selling land for the Westside Master Plan will not significantly affect or reduce water rates and, in fact, additional infrastructure costs associated with land sales, result in a net loss to rate payers;

WHEREAS: development on the mountain side will require additional City services in the way of fire, police, schools, roads and more and those services become a heavier burden on us as tax payers;

WHEREAS: our community as a whole benefits from natural open space and scenic beauty;

WHEREAS: preserving the Transmountain scenic corridor by rezoning approximately 800 acres as Natural Open Space will not hold up the Texas Department of Transportation (TxDOT) proposal for improvements to Transmountain from I-10 to the entrance to the Tom Mays Unit of the Franklin Mountains State Park nor jeopardize the $80 million for the project as some have misrepresented;

WHEREAS: the Open Space Advisory Board of the City of El Paso has recommended moving the proposed Paseo del Norte interchange west toward Gas Line Road and expanding the current two lanes to four at grade only from Gas Line to the State Park entrance as a further means of preserving the scenic corridor;

WHEREAS: that expansion can be done because of right of ways given to TxDOT by the PSB in exchange for conduits under Transmountain;

WHEREAS: necessary major and minor water utility infrastructures can be built on land zoned as Natural Open Space so that our fellow El Pasoans in adjacent areas can be provided with water and sewer services;

WHEREAS: the Westside Master Plan was created one year before the 2006 floods and needs major revision;

WHEREAS: the City, since 2006, has adopted Smart Growth policies and made other major changes to land planning that were not available when the Westside Master Plan was created and which are beneficial to all El Pasoans;

WHEREAS: Transmountain Road and the Westside Master Plan will impact our family’s and neighborhood’s quality of life for decades to come and those plans should be modified to protect the scenic corridor of Transmountain Road and reflect principles of Smart Growth, Green Infrastructure and Low Impact Development which are better for the environment and for protecting the cherished beauty of our mountains;

THEREFORE, BE IT HEREBY:

RESOLVED: The Eco-tourism committee strongly supports the City Council’s direction to staff on October 12, 2010 to rezone land in the Transmountain Scenic Corridor as Natural Open Space and to seek a conservation easement which will keep the land as Natural Open Space in perpetuity;

RESOLVED: The Eco-tourism committee supports moving the Paseo del Norte interchange to a location closer to Gas Line Road and expanding lanes east of Gas Line Road at grade only;

RESOLVED: The Eco-tourism committee asks City Council to direct City staff and the PSB to modify the Westside Master Plan in light of newer ways to protect natural open space while maximizing the use of developable land;

RESOLVED: The Eco-tourism committee requests that TxDOT modify their plans for improvements along Transmountain from I-10 to the entrance to Tom Mays Park to comply with the conditions of this resolution and do so immediately so that money for the project will not be lost.

Google Earth map of NW Master Plan land

Same map showing if all goes "according to plan"

The first petition asks that the City Council for an ordinance that "shall preserve, in its natural state and in perpetuity, all of the land . . . known as 'the West Transmountain Scenic Corridor.'" The pictures above show why such an ordinance is necessary.

The second petition adds the line: "The City shall take all steps necessary to preserve this land and to prevent it from being developed with either private development or major public roadways." This petition makes it clear to TxDOT and others that Paseo del Norte should be "bent" to the west and the flatter area around the Natural Gas Pipeline Road.

The land must be preserved by Natural Open Space Zoning. The argument by staff at CPC was that NOS will create "leapfrog" development. This argument is as bogus as saying that any development around major urban parks or green spaces is "leap frog" development. Preserved natural open space is like any natural park such as the Billy Rogers Arroyo Park or the Franklin Mountains State Park. I don't think that any El Pasoan would call the Franklin Mountains as the cause of leapfrog development. Those who know Arroyo Park wouldn't want it filled in so as to prevent a leapfrog from Kern Place to Rim Road!

CPC was sold a bill of goods. Both Nick Costanzo of EPWU and Matt McElroy of City Planning eluded to a "deal" between Ed Archuleta and Joyce Wilson to use Smart Codes. The word on the street now: Ed Archuleta has reneged on his promise.

"If the area eventually gets developed with no NOS and/or Conservation Easement protection," Open Space Advisory Board chairman Charlie Wakeem points out, "it would wipe out two large hills and an arroyo crossing Transmountain Road near where Paseo Del Norte is proposed, let alone the magnificent scenic beauty of the landscape and mountains."

A recreational area for a population beset by diabetes and its consequences would be gone for the sake of enriching a powerful few.

In the picture above, note the deepening arroyos and steeper slopes as Transmountain approaches the Franklins. Note also the ugly sprawl and vacant land and ponding areas to the south (upper right portion of the picture) threatening the scenic, recreational corridor.

If you are a registered voter residing in El Paso, Texas, please sign the petitions.

What Development Will Look Like

Do you want this? Click to enlarge.

Or this? Click to enlarge.

The first image above is the Scenic Transmountain Corridor as seen from Gas Line Road. The view at the bottom is that same corridor showing development per the PSB's Northwest Master Plan. It was created using Google Earth and then superimposing development based on the Master Plan on top of the Google Earth image.

A few people will make lots of money developing the only scenic corridor on the west side which is also a major greenfield. A multi-lane road will be built no matter what. It's a matter of how it will be done. If the highway is built the way TxDOT proposes and the PSB wants, it will take out two large hills, arroyos and the scenic splendor of the desert with the mountains as a centerpiece.

Elpasonaturally has heard that Ed Archuleta of the PSB may now be reneging on his pact with city officials to develop this land using smart code. Did he want people to think that smart code was acceptable to him in order to get a unanimous vote from CPC not to recommend Natural Open Space zoning? Such zoning along with an easement to preserve the 792 acres of the corridor in its natural state in perpetuity is the only way to go.

Petition May Lead to Special Election

Petition May Lead to Special Election

Our Place in Nature

Veronica Chavira sent a lovely note to Judy Ackerman which was forwarded to me since I am a board member of the Franklin Mountains Wilderness Coalition. Veronica shared a passage from What Is Tao by Alan Watts, someone whose writings have had a deep influence on me. With all the recent political ramblings and rumblings, it is easy to forget that our subject is sustainability and that sustainability must be grounded in matters of the spirit and the heart. It is impossible to speak of sustainable agriculture or sustainable community, for example, without thinking about the things which sustain the spirit.

Responding to the issues around Natural Open Space, Veronica wrote:

"When I climb the mountains I feel renewed. I look at the development on our mountain and feel a sense of loss as an animal having to find a new home, a sense of displacement overwhelms me. Understanding the same feelings of loving the mountain and wanting to live in a natural environment, construction and land development continues in this space. A sense of oneness with the land penetrates my body and I feel I am home."

She shares this passage from Chapter One ("Our Place in Nature") of What Is Tao:

Our Place In Nature- Chapter One
Many years ago, when I was only about fourteen years old, I first saw landscape paintings from the Far East. It was as a result of looking at these painting that I first became interested in Eastern philosophy. What grasped me and excited me about the Asian vision of the world was their astonishing sympathy and feeling for the world of nature.

One painting in particular that I remember was called Mountain after Rain. It showed the mist and clouds drifting away after a night of pouring rain, and it somehow pulled me into it and made me feel part of that mountain scene. It is fascinating for us to consider that pictures of this kind are not just what we would describe as landscape paintings, because they are also icons, a kind of religious or philosophical painting.

In the West, when we think of iconographic or religious paintings, we are accustomed to pictures of divine human figures and of angels and saints. When the mind of the Far East expresses its religious feeling, however, it finds appropriate imagery in the objects of nature, an in it's very important respect their feeling for nature is different from ours. The contrast in these two forms of expression arises as a result of the sensation that the human being is not someone who stands apart from nature and looks at it from the outside, but instead is an integral part of it. Instead of dominating nature, human beings fit right into it and feel perfectly at home.

In the West our attitude is strangely different, and we constantly use a phrase that sounds peculiar indeed in the ears of a Chinese person: We speak of "the conquest of nature" or "the conquest of space," and the "conquest" of great mountains like Everest. And one might very well ask us, "What on Earth is the matter with you? Why must you feel as if you are in a fight with your environment all the time? Aren't you grateful to the mountain that it lifted you up as you climbed to the top of it? Aren't you grateful to space that it opens itself up for you so you can travel right through It?"

Indeed, it is this domineering feeling that underlies the way we use technology. We use the powers of electricity and the strength of steel to carry on a battle with our external world, and instead of trying to live with the curvature of the land we flatten it with bulldozers, and constantly try to beat our surroundings into submission.

Coalition of Neighborhood Associations Overwhelmingly Passes Resolution Supporting Natural Open Space

Last night at their monthly meeting, the Neighborhood Coalition of El Paso voted overwhelmingly in support of a resolution for preserving the Transmountain Scenic Corridor by rezoning it as Natural Open Space. 79% of registered City of El Paso neighborhood associations present supported City Council's direction to staff to rezone the land and to seek a conservation easement to preserve that land in perpetuity.

The resolution also called for modifying the TxDOT plans by moving Paseo del Norte west toward Gas Line Road and expanding Transmountain east of Gas Line at grade - no overpasses or interchanges. They also called on the City to modify the Westside Master Plan.

Coalition President, Mark Benitez, called the resolution "perfect". He told me that he has signed it and, once I have a copy of the signed resolution, I will publish it. For now, here is the text:

Resolution Supporting Re-Zoning Land in the Transmountain Scenic Corridor as Natural Open Space

WHEREAS: the Transmountain Scenic Corridor in northwest El Paso is the only scenic corridor and can be preserved by rezoning it as Natural Open Space and by creating a conservation easement which will keep the land as Natural Open Space in perpetuity;

WHEREAS: the City Council of El Paso, Texas directed City staff to initiate the process for rezoning at its regular meeting on October 12, 2010;

WHEREAS: amenities such as open space, parks, additional outdoor recreational opportunities and scenic beauty will attract quality businesses and industries to re-locate to El Paso and offer higher-paying, quality jobs;

WHEREAS: the PSB’s selling land for the Westside Master Plan will not significantly affect or reduce our water rates and, in fact, additional infrastructure costs associated with land sales, result in a net loss to rate payers;

WHEREAS: more development especially on the mountain side requires more additional City services in the way of fire, police, schools, roads and more and those services become a heavier burden on us as tax payers;

WHEREAS: all of our neighborhoods and all of us benefit from natural open space and scenic beauty;

WHEREAS: preserving the Transmountain scenic corridor by rezoning approximately 800 acres as Natural Open Space will not hold up the TxDOT proposal for improvements to Transmountain from I-10 to the entrance to the Tom Mays Unit of the Franklin Mountains State Park nor jeopardize the $80 million for the project as some have misrepresented;

WHEREAS: the Open Space Advisory Board of the City of El Paso has recommended moving the proposed Paseo del Norte interchange west toward Gas Line Road and expanding the current two lanes to four at grade only from Gas Line to the State Park entrance as a further means of preserving the scenic corridor;

WHEREAS: that expansion can be done because of right of ways given to TxDOT by the Public Service Board in exchange for conduits under Transmountain;

WHEREAS: necessary major and minor water utility infrastructures can be built on land zoned as Natural Open Space so that our fellow El Pasoans in adjacent areas can be provided with water and sewer services;

WHEREAS: the Westside Master Plan was created one year before the 2006 floods and needs major revision;

WHEREAS: the City, since 2006, has adopted Smart Growth policies and made other major changes to land planning that were not available when the Westside Master Plan was created and which are beneficial to all El Pasoans;

WHEREAS: Transmountain Road and the Westside Master Plan will impact our family’s and neighborhood’s quality of life for decades to come and those plans should be modified to protect the scenic corridor of Transmountain Road and reflect principles of Smart Growth, Green Infrastructure and Low Impact Development which are better for the environment and for protecting the cherished beauty of our mountains;

THEREFORE, BE IT HEREBY:

RESOLVED: The Neighborhood Coalition of El Paso strongly supports the City Council’s direction to staff on October 12, 2010 to rezone land in the Transmountain Scenic Corridor as Natural Open Space and to seek a conservation easement which will keep the land as Natural Open Space in perpetuity;

RESOLVED: The Neighborhood Coalition of El Paso supports moving the Paseo del Norte interchange to a location closer to Gas Line Road and expanding lanes east of Gas Line Road at grade only.

RESOLVED: The Neighborhood Coalition of El Paso asks City Council to direct City staff and the PSB to modify the Westside Master Plan in light of newer ways to protect natural open space while maximizing the use of developable land;

RESOLVED: The Neighborhood Coalition of El Paso requests that TxDOT modify their plans for improvements along Transmountain from I-10 to the entrance to Tom Mays Park to comply with the conditions of this resolution and do so immediately so that money for the project will not be lost.