Petition Gatherers to Hold Saturday Event

Which scene do you want for the Scenic Transmountain Corridor? If the top, please sign the petitions.

El Pasoans who wish to preserve the Scenic Transmountain Corridor from development can come out to a special event tomorrow, Saturday, January 29 from 9 to 11 a.m. Volunteers helping to gather signatures for both petitions will be on the Pat O'Rourke Trail along N. Resler Drive between Helen of Troy Drive and Transmountain. (Map) A Facebook page announcing the event was created by singer-songwriter, Christina Gurrola.

Both petitions must be signed by registered voters living in the City of El Paso. Both are intended to become ballot initiatives if City Council fails to do as the petitioners direct. You can read and download the petitions from here.

However, persons who are not registered to vote and/or live outside the El Paso City limits may respond to another online petition. They may leave their comments when they do so. Currently 1,210 persons have responded to this petition.

If developed, Mule Deer, such as these, will lose their habitat.

Email Reveals Change of Heart by Lilly

In a strongly-worded message to the editorial board of the El Paso Times, Charlie Wakeem, the Chairman of the City of El Paso Open Space Advisory Board, revealed that Ann Morgan Lilly has buyer's remorse over her decision to vote against NOS zoning for the Scenic Transmountain Corridor.

Mr. Wakeem took to task Times editors, Charlie Edgren and Joe Muench, for an editorial published today that is filled with misinformation. Wakeem's message disarms all of the blatant untruths that have been used to prevent NOS zoning. Here is the text of his email to them:

Charles and Joe,

This is a fairly long email, but I'd like to clear up misinformation about the very important Natural Open Space (NOS) zoning issue in the Transmountain Rd. scenic corridor.

I am not challenging the Times editorial board's decision to support City Council's decision last week not to zone the city-owned land to NOS. However, I'm challenging the validity of the arguments being used by opponents of the NOS ordinance. I'm also disappointed that you bought the misinformation opponents of the ordinance have thrown out without researching the truth.

Ann Morgan-Lilly called me Thursday and told me that if she could do it again, she would vote for the NOS zoning and now supports the petition to take it to the voters. The reason she gave me was she felt Ed Archuleta lied to her by telling her the day before Council met that he would support Smart Codes. The day after Council made it's decision, Archuleta did not say anything to his board in support of Smart Codes and, if fact, alluded to problems with them at the monthly PSB meeting. Rep. Lilly told me she was betrayed and she thinks others on Council who voted against NOS felt the same way.

The Open Space Advisory Board has been examining this issue since January, 2010 (for one entire year). OSAB defrayed a recommendation to Council until the TexDOT Plan was finished August 10, 2010. At that time, TexDOT proposed the Plan to City Council and set an artificial deadline to start the project in order to get the $80 million+ funding. Loss of the funding is a Red Herring. TexDOT has all the right-of-way it needs and the artificial deadlines keep getting pushed back. Furthermore, the federal highway Environmental Assessment is not finished and it is not automatically expected to get the green-light for the project. There are several environmental issues east of the Gas Line Road, mostly brought to the fed's attention by Texas Parks and Wildlife.

OSAB also exposed serious flaws in the TexDOT plan. Among them are no safe entrance to the Tom Mays Unit at the State Park, no wildlife crossings, a pork barrel overpass with no roadway or on/off ramps that is not even on the city's Master Thoroughfare Plan, and poorly designed commercial development in the scenic foothills.

In addition, the claim that Natural Open Space zoned acreage cannot be touched, making it impossible to provide water service is absolutely false. It's another Red Herring. I know, I helped write the NOS zoning ordinance, and it does no such thing. In fact, the ordinance is being modified to make it easier to allow critical infrastructure as well as infrastructure that enhances open space, such as parking areas, picnic areas, visitor's centers, etc.

The other fallacy is that water rates may skyrocket if water utility officials don't sell the land. False again. The savings to ratepayers is negligible, if any savings at all. The PSB sells land at wholesale, it has to put in the water infrastructure and maintain that infrastructure for ever after the developer has made his profit by selling at retail. Even if we take the utility's inflated value with no expenses, the savings to the rate payer is negligible. Sales in the last ten years have averaged $4 million per year. Using the average number of rate payers in that time, the one-time savings for the rate payer is $24.70. I know. The PSB's land sales in 2010 were only $400 thousand out of $155 million total revenues or .01%. I've studied the PSB's financial records. Furthermore, the tax base may or may not be increase with development along the scenic corridor. Development generally does not pay for itself, especially sprawl.

I don't mind disagreeing with others, including you. It's part of the debate. We're not clones. I do expect facts and truth through proper research. You haven't done either. You've simply taken the word of so-called professionals. You shouldn't believe everything those so-called professionals say. Check out the misinformation they throw out as I have.

Best regards,

Charlie

Time for a re-vote? Time to sign the petitions? Download them here or at www.franklinmountains.org and share with your friends and family. It's time that the lying stops.

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.

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.

CPC Says "No" to NOS Zoning

At its long awaited meeting this afternoon and after a long period of staff, PSB and public comment, the City Plan Commission passed a motion that recommends not designating land in the Transmountain Scenic Corridor as Natural Open Space and, instead, to recommend development of the land using Smart Codes. It would seem that City Planner Matt McElroy had the most influence on the CPC as he argued that more land would be preserved as open space under smart code development rather than rezoning the corridor as NOS. Furthermore, McElroy argued that preserving the corridor with NOS zoning would cause leapfrog sprawling (north and south of the corridor) which is something Council and the City wants to prevent. (Nothing was said that the corridor could be preserved and that smart code would then be applied to development north and south of it and that such development - rather than be leapfrogging - would be joined by adjacent developments west of the area.)

Also, in spite of proposed changes to the NOS ordinance itself, CPC members were persuaded that zoning the land as NOS might jeopardize the $80 million non-public approved TxDOT plan (which includes the illegal Plexxar intersection) and needed water utility infrastructure could not be built. Neither McElroy nor EPWU spokesman, Nick Costanza, attempted to clear up these misrepresentations.

The suggestion was also made by McElroy and Costanza that some "deal" had been struck between City Manager, Joyce Wilson, and EPWU CEO, Ed Archuleta, regarding smart growth plans. Of course, the public is never privy to such behind-closed-door deals that should be out in the open.

The Westside Master Plan has huge problems according to URS, the consulting firm that gave the City as stormwater master plan. TxDOT proposes to build a freeway/highway that includes an illegal intersection - Plexxar. Finally preserving the Scenic Transmountain Corridor does not mean leapfrogging - but that argument was not countered certainly because advocates of open natural space did not expect the knife in the back from Matt McElroy. Et tu, Matt? Twist it a bit more the next time, will you?

What's next? The matter goes to City Council probably in early January after a final survey is done. Assuming that there are not sufficient votes to override a veto from John Cook, then many have already begun talking about forcing TxDOT to get an Environmental Impact Statement (certainly a lose/lose proposition) and going to a special election by which the people of El Paso can finally be heard. This one is far from over.

Re-zoning Will Not Jeopardize the Transmountain Project

A long time open space advocate, Dr. Bonart is an avid mountain biker and climber.

Dr. Rick Bonart is the lone voice of reason on the Public Service Board. He takes his fiduciary responsibility seriously. Yet, his insistence on reviewing contracts and seeing other documents has been thwarted by EPWU's top brass - most especially Ed Archuleta. It seems enough for the other board members to hear what Archuleta believes and then bob their heads and go along. In this manner, they conduct no real oversight over the business of the El Paso Water Utilities.

Dr. Bonart is the owner of the Belvidere Animal Clinic. His PSB bio may be viewed here. He is an avid mountain biker and rock climber.

The op-ed piece below was published by both the El Paso Times and the El Paso, Inc. this weekend.

I’ll say it again; I’m old but I’m not “old school”. Unfortunately the Westside Master Plan is both. I oppose the current version of the Westside Master Plan because it’s out dated. The Plan is not Smart Growth. The storm water system was designed before the floods of 2006 and for safety must be redesigned. Economic projections were calculated during the housing bubble, which has burst. We don’t need to scrap the whole thing, but we do need to renovate.

I’m the Citizen Advocate on the PSB. I take my position very seriously. I do the research and make decisions based on the facts. I’m uniquely qualified to comment having participated in the first PSB master planning process and the proposed expansion of Transmountain Road beginning in 2002.

Over the years the PSB has done an excellent job of water management. Conservation programs have reduced consumption to 1968 levels. The Hueco Bolson is actually refilling. Our rates are comparable to other southwestern cities. However as land managers, the PSB hasn’t done so well. We’ve developed two master plans, neither has sold. The Northeast Master Plan is currently being revised to Smart Growth, and so should the Westside Master Plan.

Contrary to popular belief, the PSB does not own land. However, there are some very good reasons for the PSB to manage land, such as protecting the water supply and preventing leapfrog development.

Any responsible discussion about preserving open space in the Westside Master Plan must consider the financial consequences. Land sales do not significantly affect El Paso water rates. The yearly gross income for the PSB/EPWU is about 175 million. Land sales accounted for only 0.2% of revenues. Prior to May 2010 and before impact fees, infrastructure costs associated with land sales, probably resulted in a net loss to rate payers.

While private developers expect to realize profits on retail sales. The PSB is a wholesaler, who unlike private developers remains fiscally responsible for maintaining infrastructure in perpetuity. Development simply doesn’t pay for itself, and that’s one reason your taxes continue to increase even as our city grows.

The proposed 80 million dollar expansion of Transmountain Road, which passes through the Westside Master Plan, has focused the spotlight on these issues. Zoning changes in the Westside Master Plan will not affect the Transmountain Road project. The PSB has already provided TxDOT with all necessary rights of way and even voted to increase that amount to match additional private developers’ contributions.

The real danger to these projects is poor planning by TxDOT. They have failed to produce the required environmental studies. The proposed Plexxar overpass is our “bridge to nowhere” and possibly illegal. The entrance to Tom Mays needs to be reconsidered.

I’m not some tree hugger against all development. I want higher paying jobs to come to El Paso. However, to compete successfully with other cities and attract those types of employers, we need to offer amenities including more open space, parks, additional outdoor recreational opportunities, and scenic beauty. Quality jobs increase the bottom line much more than land sales.

As your advocate on the Board, here’s what I think we need to do. Don’t be confused by the rhetoric or bullied by scare tactics. Contact your city representative and support Council’s effort to save more Open Space and update the Westside Master Plan. Participate in the upcoming public comment period for the Transmountain expansion. Petition TxDOT, ask them to modify their project into the best possible design. Transmountain Road and the Westside Master Plan will impact your family’s quality of life for decades to come. We deserve better.

Mistakes in Case Against NOS

In case you have not gotten the news, the rezoning issue will not go before the CPC tomorrow. It has been moved to its Thursday, November 18^th, meeting rather than the November 4^th meeting. The CPC meets in the Council chambers of City Hall at 1:30 p.m. Please send your comments now to Maria Acosta -AcostaMD@elpasotexas.gov and let the CPC know that you support preserving land in the NW Master Plan as Natural Open Space. If you can, please plan to go to the meeting on the 18^th. It is important that we have as many people as possible attend this meeting.

Please email the Mayor and City Council Representatives – especially the Mayor and your City Council Representative.

Just so you know – Council voted on October 6, 2010 to direct staff to rezone land along Trans Mountain as Natural Open Space (NOS). The City Council Plan has undergone staff review and next goes to the CPC on November 18^th for its recommendation. It then goes back to Council for a final decision. The date it will be included on Council agenda has not yet been set as far as I know. On October 6^th, 5 representatives voted for it: Lilly, Byrd, Holguin, Ortega and O’Rourke. 2 voted “no”: Emma Acosta and Carl Robinson. Rachel Quintana was absent. The Mayor has said he will veto the Council Plan to rezone although he may be operating under some mistaken notions. 6 votes are needed to make it veto-proof or override a veto.

In his reply to emails, the Mayor has said some things that are mistaken:

First, he has said that there can be no construction in the Natural Open Space zoning. He contends that Trans Mountain can’t be widened under that zoning – so the TxDOT project will be killed. The fact is this: The PSB already transferred right-of-way for the highway to TxDOT in exchange for conduit under the road in 4 locations. So widening the road to 4 lanes is perfectly okay. We prefer at grade. The Open Space Advisory Board recommends that Paseo del Norte be re-directed to Plexxar near Gas Line Road and a road from there be built to the State Park entrance. This will make accessing the park much safer.

In a form response, he wrote:

Actually, we are dealing with two issues. The first involves pending residential and commercial development between I-10 and the State Park. Developers already own the land and under Texas law have the right to develop it. We are working with them to assure that any development protects the scenic corridor into the Franklins. We have negotiated successfully to limit the height of signs and to receive many acres of land for hike and bike trails and other amenities.

Yes, private land can be developed in accordance with zoning requirements and building codes. However, he insinuates that all of the land from I-10 to the State Park is private and so we can’t do anything. The fact is that only a portion of the land from I-10 to roughly the Gas Line Road is privately owned. From the Gas Line Road to the State Park the land is owned by the City of El Paso and managed by the PSB. It’s our land, folks, and we sure can rezone it as NOS. Go here for maps showing distances between private and public lands along Trans Mountain from Interstate 10 to the Franklin Mountains State Park.

John Cook goes on to say:

“The second issue is a highway project that will widen transmountain[sic] road to four lanes and provide limited access from the adjoining properties. It is important to note that property owners currently have the right to access transmountain[sic]. Could you imagine dozens of private driveways feeding into the highway and what that would do to safety? The current plan would limit their rights and build overpasses.”

Actually the Mayor’s sentence, “We have negotiated successfully to limit the height of signs and to receive many acres of land for hike and bike trails and other amenities”, belongs with his second issue. Lifting MDA requirements (e.g., signage) along the privately owned portion of Trans Mountain is a carrot stick (not yet agreed to) so that developers will give up right-of-way to TxDOT so that there won’t be “dozens of private driveways feeding into the highway”. What this really means is that developers and not the City (or NOS advocates) seem to be holding up the project because they want some concessions from the City!

His reference to “hike and bike” trails is the proposal to continue the pattern of the Pat O’Rourke Trail along Resler parallel to the frontage roads in the TxDOT proposal from I-10 to Plexxar. It has nothing to do with the City Council’s plan to rezone land nearer to the State Park as NOS. By the way, the Open Space Advisory Board agrees with the hike and bike trails and has advised that there be extra space in the buffer zone between bikers and pedestrians and the roadway.

Along with his message, some of you have received a copy of the PSB “Fact” Sheet. Here is a copy of the text on the sheet along with rebuttals.

Finally, there is still time to sign the petition and gather more signatures. Go to www.franklinmountains.org to download the hard copy of the petition or ask others to sign online at http://www.thepetitionsite.com/1/save-el-pasos-franklin-mountains/. There are now 1,050 responses online and over 1400 signed petitions. The Montoya Gardens Neighborhood Association turned in over 120 petitions just today!

Email John Cook and Tell Him to Save the Scenic Corridor

Click to enlarge

We have learned that Mayor John Cook has told the El Paso Times that he will veto any attempt to preserve the Trans Mountain scenic corridor as Natural Open Space. As a member of the Public Service Board, he voted with the strongly worded PSB resolution that opposes rezoning land in the Northwest Master Plan to NOS – a resolution which also urges him to veto any attempt at rezoning by Council. The resolution was adopted at last Friday’s PSB strategic planning meeting. The vote for the resolution opposing re-zoning was 6-1. Only Dr. Richard Bonart opposed it.

I suggest that all of you email John Cook and let him know how you feel.

Email him at johnfcook@sbcglobal.net and tell him you support saving the beautiful natural corridor.

We have also learned that the City Plan Commission has moved its consideration of rezoning to its Thursday, November 18^th, meeting rather than the November 4^th meeting. The CPC meets in the Council chambers of City Hall at 1:30 p.m. Please send your comments now to Maria Acosta -AcostaMD@elpasotexas.gov and let the CPC know that you support preserving land in the NW Master Plan as Natural Open Space. If you can, please plan to go to the meeting on the 18^th. We will continue to update you.

If you haven’t, please also sign the petition and gather more signatures. Go to www.franklinmountains.org to download the hard copy of the petition or ask others to sign online at http://www.thepetitionsite.com/1/save-el-pasos-franklin-mountains/. There are now 1,028 online responses – and many more hard copy signatures!

Cook Promises NOS Veto

Cook would take the sprawl clear across the Trans Mountain corridor.

Elpasonaturally has learned that John Cook has told the El Paso Times that he will veto the Byrd NOS proposal to preserve the scenic corridor of Trans Mountain.

Also developing today: the rezoning of that land to NOS which was to be on the City Plan Commission (CPC) agenda for November 4 was first moved to December 2nd and then later this afternoon moved again to November 18. The only explanation forthcoming was that "upper management" is trying to schedule meetings before the CPC to discuss "conflicting issues with various stakeholders". Translated this means that city management is dealing with the the PSB resolution against rezoning that passed 6 to 1 with the support of John Cook. Many have characterized the document as "belligerent" and "provocative".

One last piece of news: Cook struck again with this reply to an email from a science teacher: "People show their stupidity by writing e-mails such as yours." He also signed it with "warmest regards". More on this later and on reaction of City Hall employees to the Mayor's reaction to citizens who disagree with him.