No CRRMA Meeting on Wednesday

The Camino Real Regional Mobility Authority will not meet this Wednesday, January 8, in spite of the fact that they publicly advertise a schedule of their regular meeting dates. (Their web site flashes in red that they meet the second Wednesday of each month at 9 a.m. on the 1st Floor of City Hall.) 

The word is out that they may meet on Wednesday, January 22nd, or wait until their next "regularly" scheduled meeting date which is February 12th. elpasonaturally will keep an eye on this and let you know in plenty of time so that you can attend and speak out regarding their use of a predatory lender to collect toll tags paid in cash by those without credit cards - the perfect victims for predatory lenders.

By law, the CRRMA must give 72 hours of advanced notice prior to a meeting.

The Huffington Post may be listening to elpasonaturally because they devoted a story about the El Paso situation. I posted a link to it on Facebook, but go HERE to read it.

Tomorrow, at its regularly scheduled meeting, the El Paso City Council will review a delayed ordinance which would "regulate" payday predators such as the business contracted to do the work for the CRRMA. The current Council delayed the beginning that ordinance would take effect to January 16th. The ordinance had been introduced by progressive, Susie, Byrd, during her last term on Council. The current and more reactionary, recidivist Council (and atavistic judging from their behavior) may decide to rescind the ordinance. They can and hopefully will allow it to take effect on the 16th. The El Paso Times story is HERE. Read yesterday's editorial board piece urging Council to affirm the payday loan rules already passed. Also read today's excellent guest editorial by Larry Garcia. Garcia well chronicles the advantage taken of families in financial crisis. 

So, while we wait for the CRRMA to meet again, we can do better than reading their canned responses to the public. Let's enjoy instead a dramatic reading of the immortal poem, The Spider and the Fly:

Elect Jim Tolbert

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Ballpark Fits; Proceeds for EP Charities

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Representative Susie Byrd's office sent out this email announcement this morning regarding the ballpark:

"The City’s Engineering and Construction Management Department  has retained Populous, Inc. consulting to produce conceptual designs and a program for the stadium that establishes the dimensions and elevations of the stadium as well as its relationship to the surrounding streets and buildings. 

"They have produced some work that shows in no uncertain terms that the stadium fits the City Hall site.  The City Hall site consists of the Insights Museum and adjoining parking lot, City hall and its parking lot and surrounding area.  The survey performed on the site shows it to be almost 5 acres.  The area is bounded by Durango St., Missouri St., Santa Fe St., and the Union Pacific Trainway.  In producing the concept, the ballpark has been placed where its footprint is not over the trainway, but access to the park could be from over the trainway on the south side.  

 

"The conceptual plans show the ballpark fits comfortably within the bounds, giving a unique and intimate park and still providing adequate dimensions for the playing field.  There will be a 360 degree concourse, program areas for restaurants and concessions as well as play areas for children and other amenities

"In the very near future, a Request for Qualifications will be released from the Engineering and Construction Management Department soliciting Architects for the actual detailed design of the stadium.  It is one of many actions that will be taken to City Council subsequent to the approval of the team purchase by the Pacific Coast League and approval of a Lease Agreement between the Mountain Sports Group and the City Council. 

"Additionally, we are currently having a traffic study performed to establish how much of the surrounding streets could be taken into the ballpark to maximize land use without negatively affecting the circulation of the surrounding area." 

Here is the letter from City Engineer Alan Shubert:

Memo_ AAA Ballpark 08 29 12

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Mountain Star Sports Group announced yesterday that all of their profits will go to local charities. That announcement was heralded yesterday by Rep. Cortney Niland's office: 

"Dear Friends and Neighbors:

"AAA baseball is a great economic opportunity for the City of El Paso.  Our City is growing so very fast and with growth comes growing pains. It is only through the dedicated efforts of a local business group to purchase a team at a premium price and the City Council's commitment to host the team in a new downtown facility that we are faced with this opportunity, dialogue and conflict.

"Mountain Star Sports Group announced today their intention to donate all Baseball profits proceeds to charitable causes in El Paso. I hope this gesture reinforces the spirit of this public/private partnership and further reiterates that the Baseball project is not about profits but geared towards improving the quality of life of all El Pasoans.

"The focus on relocating City Hall has overshadowed the excitement that should accompany this great opportunity for our community.    The reality is that the decision to relocate City Hall occurred in 2009 when the City Council decided not to make any further significant investments to improve and modernize the building.   At that time the City Council determined that City Hall should be located in the government center of downtown and that the current site held for a future redevelopment opportunity.    Some concepts previously explored included a new multi-purpose event and entertainment facility; a mixed use commercial/hotel/retail project; and conceptual charrettes as part of Plan El Paso.   However, the consistent theme has been that there is a better and more productive use for the City Hall site than the current activities.

"AAA Baseball was the first serious economic development opportunity to present itself that was worthy of moving City Hall.   The economic direct spending impact of AAA baseball is estimated to be between $15-18 M annually.  The ROI occurs between years 6 and 10.   This should not be lost because of the drama surrounding moving City Hall.   This project will change our national status to one of 30 cities hosting AAA professional baseball in this country.   It also will be a huge redevelopment boost to downtown, as has been documented and demonstrated by numerous other cities that have made similar investments in recent times.

"If we allow this opportunity to pass us by, it will be years if not decades before we are ever again seriously considered for professional sports.   Equally as important, any future private sector group wanting to undertake a major project in El Paso will think twice about our city as a serious partner.  

"There is a lot a stake besides demolishing a building.   Our reputation as a serious national player is on the table.   Every community that undertakes this type of initiative faces opposition, yet they struggle forward because the long-term vision and gains are worthy of the challenge and conflict.   I hope we will follow these same footsteps and leap forward with this bold adventure."

Sincerely,

Cortney Niland

Today's E-Letter: Reyes Deputy Chief of Staff Loses Control

Value conservation, preserved open natural space, green infrastructure/low impact development? Head doesn’t bob like a dashboard ornament? APPLY TO SERVE ON THE PUBLIC SERVICE BOARD. The Public Service Board is accepting applications for one vacancy. Applicants must have education and professional expertise in the field of Communications, Public Administration or Education. Go here for more information. Hurry. The deadline for receiving applications is Monday, November 28, by 5 p.m. Any application received after 5:00 p.m. on November 28 will not be considered.

Here’s a story you won’t read in the Times: Representative Silvestre Reyes’ Deputy Chief of Staff, Sal Payan, lost all control at the regular monthly meeting of City Council Rep. Susie Byrd whose guest was candidate Beto O’Rourke. The meeting happened on November 3^rd at Tierra del Sol Mexican Restaurant. It’s sad to report that a tax payer-paid staff member of Congressman Reyes verbally assaulted Mr. O’Rourke. Since the elpasonaturally post about this matter, I’ve interviewed five other people who were witnesses. All told the same story about Mr. Payan’s rudeness and incivility which even caused kitchen staff to come into the dining area to see what was wrong. The behavior of a Chief of Staff says a great deal about the caliber of representative we currently have.

There is a story that you will read in the Times probably on Sunday and it will be worthwhile to read. It is great news about Castner Range, Frontera Land Alliance and Franklin Mountains Wilderness Coalition. I’ll let top-notch reporter, Chris Roberts, tell it. The Castner Conservation Conveyance Report is now published. The study was done by CALIBRE Systems, Inc. of Alexandria, Virginia with funding from a $300,000 Office of Economic Adjustment/Department of Defense grant.

If you want to give input and suggestions for projects for the 2012 bond election, visit the home page of the City of El Paso. Here’s the message:

“City and County Officials and downtown business leaders have announced the beginning of the public process for a November 2012 bond election. Our city is constantly changing, lifestyles are shifting and the needs and opportunities are abundant. The proposed election will create new ideas for bold economic development and quality of life initiatives.

“The call for community projects is the beginning of a public process to provide voters the opportunity to request projects to improve the quality of life in El Paso and recommend key signature projects to create a more dynamic environment for downtown.”

Of course, voters may still be in a foul mood in a year for anything having to do with “spending”. They certainly were with regard to Propositions in the last election. Although a majority of people in El Paso County who voted last Tuesday wanted the kind of Regional Park District as recommended by a Blue Ribbon Committee for the City and championed by all of El Paso’s State representatives, a majority of Texans probably saw the words “ad valorem taxes” in Proposition 7 and voted it down as if what happens in El Paso will affect their jerking knees. Those same Texans favored big contractor water projects (Proposition 2) but opposed the conservation efforts of Proposition 8.

There seems to be a real effort to encourage American consumers not just to buy American but buy local during the upcoming holidays. “Christmas 2011 -- Birth of a New Tradition” is the subject of an email that has gone viral and is being picked up by web sites and blogs of all varieties and persuasions. The opening paragraph reads:

“As the holidays approach, the giant Asian factories are kicking into high gear to provide Americans with monstrous piles of cheaply produced goods -- merchandise that has been produced at the expense of American labor. This year will be different. This year Americans will give the gift of genuine concern for other Americans. There is no longer an excuse that, at gift giving time, nothing can be found that is produced by American hands. Yes there is!”

If you haven’t gotten the message in your e-mail, read it here.

Buying local is living sustainably. Get a copy of the El Paso Scene or visit it online. You'll find a list of bazaars and fairs on their Round-Up page. You can get a list of local El Paso businesses at Homegrown El Paso. Do check out Craig’s List for El Paso. El Paso has a great bilingual publisher for your holiday shopping: Cinco Puntos Press.

Also for sustainable living, check out the El Paso Freecycle Group. It’s part of the Freecycle Network, a “grassroots and entirely nonprofit movement of people who are giving (and getting) stuff for free in their own towns and thus keeping good stuff out of landfills.” Many thanks to Judy Ackerman for this link. Check it out, folks.

Finally, here’s a dream for the City of El Paso’s open space policies and programs: Visit the Open Space page for the City of Albuquerque. Imagine.

Reyes Chief of Staff Loses Control

Last Thursday candidate for U.S. Representative, Beto O’Rourke, was Susie Byrd’s guest at her monthly breakfast. It’s sad to report that he was targeted by a very rude member of Silvestre Reyes’ taxpayer-paid staff. Artist and nearby resident, Ho Baron reports:

“There were maybe 20 people at the forum, two of them evidently from Reyes’ office. Beto spoke about 20 minutes, then opened the discussion for questions. He had discussed the poor veterans facilities in the city, and one guy stood up ranting about Beto being a liar regarding the veterans. He wouldn’t shut up until another guy yelled: ‘We didn’t come here to hear you.’ The guy ranted on until the moderator, Susie’s assistant, interfered, and he finally shut his mouth. The guy was really rude.”

Rep. Byrd was out of town but her assistant, Judy Gutierrez, was there on her behalf. Judy identified the rude man as Sal Payan, Rep. Reyes’ Chief-of-Staff, a taxpayer-paid position and not a campaign person. Mr. Payan apparently lost control, was yelling so loudly that kitchen staff came out to see what was happening, and called Mr. O’Rourke a “liar”. More than one person asked Mr. Payan to settle down. Ms. Gutierrez with assistance from outraged members of the audience finally got this tax-payer paid public official to quit his ranting. Judy reminded everyone that courtesy is to be given speakers, Mr. Reyes will be Rep. Byrd’s guest early next year, and that the community breakfasts are not a forum for debate and certainly not an excuse for incivility.

More later.

Let's Not Reduce Landscaping Requirements for Central El Paso

"Landscape Development Infill Area". Click on image to enlarge.

In an email message to leaders and neighborhood associations in the central El Paso district that she reperesnts, Rep. Susie Byrd writes about the "Landscape Development Infill Area" that reduces required landscaping by 30% - essentially stripping new landscaping requirements for new building projects in the area of town that needs greening-up the most. She writes:

Dear Central Area Neighborhood Associations:

I wanted to make you aware of a change to our landscaping code that will result in new commercial developments in Central having 30% less landscaping than other areas of the City. This change to the code was made yesterday without notification to Central Area Neighborhood Associations or input from these associations. The 30% reduction in landscaping for Central was recommended by the development community and supported by City staff. All three citizen advisory boards who reviewed the changes recommended that the 30% reduction in landscaping for Central be eliminated.

Because of the lack of notification and input from Central Area Neighborhood Associations and because all three citizen advisory boards had voted against it, I urged City Council to postpone action on this section of the landscaping code until such time as Central Area Neighborhood Associations could be advised of the change and have a chance to participate in the decision. Rep. Niland, who made the motion, and Rep. Lilly, who seconded the motion, refused to accept the friendly amendment and the whole ordinance with the 30% reduction in landscaping for Central passed seven to one. I supported other changes in the ordinance but could not support the 30% reduction for Central. Because of this, I was forced to vote against the entire bill.

Some background. We used to ask that developers only landscape 7.5% of their commercial developments, half of what our peer cities in the Southwest ask. In the spring of this year, we changed the code to require 15% of a development be landscaped plus adding trees to the parkway and the frontage buffer to increase shading and comfort for pedestrians. This brought us up to par with our competitor cities in the Southwest. The development community felt like we went too far and so asked for some concessions. They asked us to allow the parkway and frontage buffer landscaping and trees be included in the 15% calculation at a meeting of a Legislative Review Committee (LRC). This seemed like a common sense change. We agreed to expedite the changes as long as all of the citizen advisory boards who provide input in matters related to the Landscape Ordinance had a chance to review the changes. During this LRC meeting, no mention was made of a 30% reduction in landscaping for new commercial developments in Central.

I am not sure at what point this change was added, but I do know that none of the impacted Neighborhood Associations were notified of the change or given a chance to participate in the decision-making.

Rationale for the change. At yesterday’s meeting, City staff told us that the 30% reduction for Central change was requested by the development community and that the rationale for the change was to encourage more commercial investment in Central by reducing the costs to developers. No analysis was provided about how much of a cost reduction this would be. No analysis was provided about what this would look like for these types of commercial developments. No examples were given to demonstrate that this disparate treatment in Central would encourage more of the kind of development we want in Central.

Policy considerations. I get calls from you guys all the time wanting to know how the city can encourage more commercial investment in Central. We want better grocery stores, more restaurants and entertainment and better retail. We are all bothered by the flight of capital out of the Central core and to the edges of town. To combat this, the City has put together a very aggressive set of incentives to encourage this type of development. We have standard administrative waivers to waive setback requirements, parking maximums and other regulatory hurdles that don’t make sense for Central Area development.

But what I hear from you again and again is that you want new development in Central and Downtown to take on the character of the neighborhood. You don’t want eastside suburban development to take over Central. You don’t want strip center development that you would see on Zaragoza to land in Central. That’s why we live in Central. We love the character of Central. The great thing about the landscaping code is that if you build in the character of Central (buildings up to the lot line, parking in the rear), you only have to put in trees in the parkway because you don’t have any area to landscape. You already get a reduction in landscape BUT ONLY IF YOU BUILD TO THE CHARACTER OF THE NEIGHBORHOOD. If you build in Downtown or Central up to the lot line and respecting the design of the existing neighborhood, your landscaping requirements are minimal.

But if you are bringing suburbia to Central, you used to have to landscape to the same code as all other suburban development. 15%. Why should we be treated any different? But because of the change that Council made yesterday--with no consultation with affected Central neighborhoods--if you are going to build a strip center in Central you only have to provide landscaping for 10.5% of the developable area (that is the 30% reduction). Essentially, City Council provided an incentive to build strip centers in Central that are out of character for our neighborhoods. And they did this all without asking you whether you thought this tradeoff was necessary or in keeping with your values for development in Central.

There might be a chance to have this reconsidered if enough people from Central weigh in with City Council. Rep. Acosta and Rep. Ortega seemed open to consultation with impacted neighborhoods. Rep. Niland and Rep. Lilly seemed especially keen on just passing the ordinance without taking it to the neighborhoods for consideration. Maybe if they hear from enough people they will re-consider.

Let me know what you think about the change to the code as it impacts Central. If you need more information about the change, City staff has said they would be glad to meet to provide information about the change. I could host a meeting.

Hope all is well. Let me know if you have any questions.

Susie

If you agree with Ms. Byrd (and I hope that you do), please contact City representatives and let them know that you want the "Landscape Development Infill Area" portion of the new landscaping code re-visited. Citizens should have know that they are being heard - and not just the development community.

Here's the distinction that developers and some members of Council fail to make: They see landscaping as an expense that deters building and infill in the central corridor. In fact, landscaping – greening up the area – is an investment which will have significant paybacks for business owners, the City and the general wealth and economy of the City.

In a study by the Center for Urban Horticulture trees were found to have a positive impact on consumer behavior. Shoppers were willing to pay more for parking in well-landscaped lots and actually pay more for goods and services – a definite positive force for community wealth and the metropolitan economy. See a graph on product pricing in shopping areas with trees and those without.

Developers, businesses, Chambers of Commerce and City Council members would do well to see that adding landscaping (not subtracting from it) actually encourages business profitability and can lead to an increase of wealth in the City as a whole and, thus, give added revenue to the City itself for services that can further promote the quality of life in El Paso.

Take time to read several studies showing the business benefits of urban landscaping.

Time to Speak Out about Transmountain Road

First, read Rep. Susie Byrd's blog post, "TxDOT to El Paso: 'My Way or the Highway'". Take the vote on her blog. Print the form letter below and fill it out and mail it today or bring it with you to the meeting next Tuesday night:

TXDOT Form Letter for Transmountain

The public hearing for the Transmountain project is scheduled to begin at 6 p.m. next Tuesday evening (March 22nd) at Canutillo High School.

More Franklin Mountains Land to Go to Open Space?

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It seems that owners of 26 acres of land west of Scenic Drive on the east side of the mountain and another 623 acres further north near Hondo Pass are for sale and the owners have indicated that they would prefer to see the land be preserved as open space rather than be developed. However, they have indicated that they need to make a decision soon.

District 2 Representative Susie Byrd is posting this item to the executive session agenda of City Council on February 9, 2010:

Discussion and action on directing staff to negotiate for parcels on the east side of the mountain owned by Daniel T. Knapp, R.E. Knapp, Palo Verde Properties, R.E. and R.A. Knapp for the purpose of open space preservation.

City Council meets in executive session from 8:30 until 9:00 and then goes into public session at 9:30. At that time public comment is invited. Representative Byrd is asking for people to speak in support of preserving this land. If you can't be present at City Council, then she asks that you email her with your statements of support.

People who wish to speak must sign-up to do so. You can sign-up online.

In an email earlier today to Lynn Coyle, President of the Newman Park Neighborhood Association, Julie Rutledge, President of the Manhattan Heights Neighborhood Association, and myself, Rep. Byrd wrote:

I wanted to let you know about an item that I posted with Rep. Robinson on Tuesday's council agenda during Executive Session. There are 26 acres of land available for sale west of Scenic Drive between Wheeling and Savannah [see map posted above]. You have probably seen the For Sale sign. Ideally, I would like to see that land preserved as part of the Franklin State Park. My sense is that most people would agree and would not like to see it developed. The owners would like to see it go to that purpose also but they are paying taxes on the land and need to make some decisions about it soon. I think we might have an option where we could do some sort of short term arrangement with them (a lease or an option) that would allow us a little bit of time to go make a case to the State to buy it. I'm going to ask council to authorize staff to begin negotiating with the property owners to do this.

It would be great to get letters of support to preserve the land for open space . . . “ I would need all of this by Monday though. If you can't have a formal vote on this, can you request that individuals who are supportive email me a note of support?

Thanks. Let me know if you have any questions and if this is something that you might be able to do.

Susie

City Council Representative, District 2

www.notesfromdistrict2.blogspot.com

Another Open Space Plan Moves Closer to Implementation

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Another recommendation of the City Council approved Open Space plan is now closer to being implemented. Clearly stated in Chapter 6 (An Implementation Plan) is this: "The rezoning of all the currently undeveloped lands that do not have approved master plans or land studies to the Rural Farm (RF) zoning category should occur immediately." The Open Space Plan was adopted in 2007. It is now 2010. About time.

At the December 28, 2009 meeting of the Open Space Advisory Board, motions were made and passed unanimously to recommend the "down-zoning" to the Legislative Review Committee for Planning and Development as well as to the City Council.

The LRC met yesterday and heard presentations. Of course, staffer Pat Adauto, argued against the down-zoning. (Tell me again why there are staff members who oppose the vision and approved plans of City Council even working for the City.) The PSB also opposed down-zoning.

Representative O'Rourke moved and Representative Byrd seconded a motion to recommend down-zoning to the full City Council. The vote was 3 to 1 in favor and that 3 to 1 was something of a surprise: Representative Quintana's was the third affirmative vote whereas Representative Lilly's was the "no" vote.

The proposal now goes to City Council. It does not appear to be on the agenda for the upcoming February 2 meeting of Council.

Open Space Board Chairman, Charlie Wakeem, sent this message to board members following yesterday's LRC meeting:

"I went to the Planning LRC today for the item on down-zoning PSB land to R-F (Ranch-Farm) that the Board voted unanimously to recommend. This was the Chapter 6, A-1 recommendation in the Open Space Plan. In spite of opposition by staff and the water utilities, the Planning LRC voted 3-1 to recommend the downzoning with conditions to the full City Council. It may be on the Council agenda as soon as next Tuesday. I'll keep you posted."

Jobe's Proposal for Arroyo 41 A

I will follow up with more later. For now, here is this communication by email from Charlie Wakeem, Chairman of the Open Space Advisory Board regarding a meeting this afternoon with Mr. Stanley Jobe. Mr. Jobe made his proposal regarding Arroyo 41A which must be agreed to by the General Land Office of the State of Texas and the Public Service Board. It was sent to the Board members with a copy to Parks and Recreation persons: Shamori Whitt, Nanette Smejkal and Rick Garcia; Gonzallo Cedillos of the El Paso Water Utilities who sits ex-officio on the OSAB; City Council Representatives Representatives Ann Lilly, Susie Byrd and Beto O'Rourke; Matt McElroy of the City of El Paso; Ed Archuleta, CEO of PSB; and Stanley Jobe:

Dear OSAB members,

Reps. Ann Morgan-Lilly, Susie Byrd, and Beto O'Rourke met with Stanley Jobe, Ed Archuleta, Mathew McElroy, OSAB co-chair Richard Thomas and me Wednesday afternoon to discuss Mr. Jobe's offer to vacate a portion of FEMA Arroyo 41A on his leased premises with the GLO. He is willing to vacate the 41A flowpath on that property up to the rim directly above it as recommended by the Open Space Advisory Board, and as I understood it, would include a buffer. He stated that the quarry operations will not affect the Mountain to River corridor in any way.

First, the GLO must agree to dedicate the land as an easement to the PSB and the PSB must be willing to accept it. Mr. Jobe will then survey the property. When the stakes are laid out, there will be an on site inspection by the PSB and others with interest in the property to deem it worthy of accepting.

I am very optimistic that an agreement will be reached for the good of the community and all concerned, and that Mr. Jobe should be commended for doing this. I also thank Rep. Ann Morgan-Lilly for working with Mr. Jobe during the past few weeks to help facilitate it.

Charlie Wakeem

Chairman

Open Space Advisory Board

City Council Members See First Hand What Open Space Board Contends With

I am so elated by today's Planning LRC (Legislative Review Committee) of the El Paso City Council. This committee is chaired by Representative Ann Lilly. Also present were Representatives Susie Byrd and Beto O'Rourke.

It was apparent from the beginning that the Council members want the Open Space Advisory Board to be more pro-active and less reactive and that they see a need for the Board to become more empowered to carry out its mission of reviewing information and making recommendations to the Mayor and City Council regarding preserving, protecting and acquiring open space for the benefit of all El Pasoans. Mr. O'Rourke clearly voiced that Council wants the Board to be able to have "power and purview" to get to where the City needs to go and to be able to implement the Master Plan and stay on an ambitious schedule.

Representative Susie Byrd made it clear that the intention of Council when giving OSAB the duties of the sunsetted Mountain Committee was the inclusion of the broader responsibilities of the Mountain Committee. The language used by legal when writing the ordinance actually passed by Council had not reflected the intention of Council.

When some staff members tried to minimize the value of the Mountain Committee duties, developer Richard Thomas spoke of his experiences developing an area - an area that withstood the flooding of 2006 because of the MC advice as opposed to the problems experienced at other developments. Mr. Thomas is also a member of the OSAB.

Most of all, Council members got a first hand experience of the kind of contentiousness by staff that members of the OSAB have experienced from the very beginning. I'm not going to go into all of the gory details now - but various staff members kept objecting to the legitimate concerns of the OSAB. I myself pointed out how an action item requested by the Chairman for the next meeting was arbitrarily taken off of the agenda by Parks and Recreation Liaison, Shamori Whitt and that time was of the essence to put it back on the agenda in order to meet with public notification laws. With a copy of the most current agenda in hand, Chairman Rick Bonart and I were able to correct the record when Parks and Rec Director told the Council members that the agenda had been taken care of when it had not.

My example was the least of the problems. Again, Rick Bonart and Charlie Wakeem gave a presentation that included the solutions that will empower the OSAB to fulfill its duties to Council. The LRC directed the City Manager's office to re-do the enabling ordinance for the OSAB to include all of the suggestions made by Dr. Bonart and Mr. Wakeem.

I will post more later. For now, I'm so happy and excited. Let's chug some Fosters and celebrate that today the good guys won. Here's another rousing Waltzing Matilda:

Why Is the Open Space Advisory Board Being Hindered from Preserving Open Space?

The City Council of El Paso passed the ordinance which created the Open Space Advisory Board because it deemed that doing so "will benefit the City in preserving and acquiring open space, which will benefit the residents of El Paso."

Unfortunately to reach the goal to protect and preserve open space, there remains some lingering obstacles. The Chairman of the OSAB, Rick Bonart, enumerates:

1. The enabling ordinance of the Open Space Advisory Board does not allow the board to provide any input into the development process to implement the Open Space Plan.
2. The Ordinance transferring duties of the Mountain Committee to OSAB removed authority to 'review and comment' creating barriers that block effective input necessary to protect the Planned Mountain Zone.
3. The only source for open space funding is 10% of the stormwater fees; yet OSAB is not allowed to review or comment on the budget or expenditures of these monies. Understand that the Storm Water Committee has yet to reconvene and has no fiduciary authority over the fees either. Therefore, no citizen oversight exists for these important quality of life funds.
4. Current Ordinances are incapable of persuading developers to preserve open space, eliminate large ponds and cement-lined channels. The City has to rely on handouts from the development community.

What are the solutions? Bonart suggests the following:

1. Replace OSAB duties with those from the old Mountain Committees' enabling ordinance to include the review, monitoring and expenditure of open space funding especially stormwater fees.
2. Expand duties so that the OSAB has purview not just to open space assets in the Open Space Master Plan and to Planned Mountain Development (as part of the ordinance transferring duties of the Mountain Board to OSAB) but also to the Hillside Development Zone as one City plan suggests.
   
3. Amend the drainage design manual to require submission of alternate drainage plans with the Public Improvement District and Stormwater.
4. Amend subdivision code to include standard methods for calculating open space requirements and to quantify 'substantial change' (suggest push-pull type test) that prohibit vesting and require new applications.

There was an attempt to make Rick's first solution a reality when Council abolished the Mountain Committee at their regular September 22, 2009 board meeting. The planned ordinance was to move the duties of the Mountain Committee to the City Plan Commission. Bonart and others had convinced Representative Susie Byrd that those duties would be better placed under the OSAB. She moved to do just that at the Council meeting and her motion passed.

So far so good until the next Open Space Board meeting when members were told that the ordinance did not contain any of the duties enumerated in Ordinance No. 014790 that changed the duties of the Mountain Committee to read as follows:

"Review and make recommendations on proposed changes of zoning, detailed site development plans, special permits, subdivision plats/replats, land studies, righ-of-way dedications or vacations, and other land development applications received on property within the Mountain Development Area. In its recommendation of these items, special attention shall be given to drainage and flood control, open space requirements, grading impacts, and developmental controls, etc."

In other words, what Council may have thought they were doing was possibly changed by legal since the hard copy words in front of Council had been amended and the hard copy ordinance that was substituted a day later was different. (See pages 4 and 5 of this document.) The ordinance before amendment (the one that would transfer duties to the CPC) simply transferred the duties of the Mountain Committee to the CPC without the added verbiage of the document of the ordinance actually passed that watered down those duties.

Was Council's intent met? My opinion is that it was not and I suspect legal knows that it was not.

Item #3 on tomorrow's Legislative and Review Committee for Planning and Development agenda is the discussion and action on clarification of the role of the Open Space Advisory Board - an item requested by Representative Susie Byrd. It certainly will entail more than the duties of the Mountain Committee and whether the ordinance written as a hard copy after passage is correct.

The Open Space Board has been denied several duties that are critical if it is to "benefit the City in preserving and acquiring open space, which will benefit the residents of El Paso." These duties are:

1. Earlier input in the development process.
2. The ability to review and comment at appropriate stages to the CPC, various departments and Council
3. Expanded review to all open space categories, Planned Mountain Development Zoning and foothills development
4. Inclusion in the budget oversight for the 10% stormwater fee.

LRC meets tomorrow at 9 AM tomorrow in the City Council Chambers on the 2nd Floor of City Hall.

By the way, as Chairman of the Open Space Advisory Board, Rick Bonart wants the members of that Board to discuss and act possibly by a resolution to City Council on the issue which will be discussed at the LRC meeting tomorrow. A city staff member, Shamori Whitt, attempted to short circuit his privilege to have this item on the agenda for its November 23rd meeting. In an email to Bonart and others dated yesterday, November 17th, she writes:

Rick,

The way it works with the LRC is that they decide if matters need to be forwarded to City Council as a whole, almost like a pre-trial. This is done so that City Council meetings flow more efficiently. Typically, if the Planning LRC wants to take action on an item it will be sent to the City Council to be heard at a general meeting. Then, City Council will direct the City Manager how to proceed with their wishes and she will delegate responsibility to staff. In the event the LRC were to take action on the OSAB item at the LRC, it will not be heard by the entire City Council prior to the OSAB November meeting. (Provided we're not asked to return to the LRC.) Therfore, I think any action from the OSAB on the matter would be pre-emptive. City Council is to dictate to us how to proceed.

For the information of the OSAB, I am happy to add a report on the outcome of the 11/19/09 LRC.

Maggie,

Please add 'Report on the outcome of the Open Space Advisory Board item from the Nov 19, 2009 Planning LRC'

Maggie is Maggie Binkley, the Administrative Assistant who acts as Recording Secretary for the OSAB.

I don't want to dissect Ms. Whitt's comments too much except to say that a citizen's board (advisory or otherwise) has every right to let City Council know its position (it provides recommendations to the Mayor and Council not to staff and/or a department) and a resolution made next Monday will be in time to reach Council by next Tuesday when it may hear the findings of the LRC.

Rick Bonart responded to her and Nanette Smejkal, the Director of Parks and Recreation, in an email also dated yesterday:

Nanette and Shamori,

My concern is that all members of OSAB probably won't make the LRC; further, OSAB members attending the LRC (including myself) can only speak as individuals, as this issue has not been formally discussed by the Board.

I think the Board should have the opportunity to hear and act... ie, resolution to let Council know their position, as this is their charge.

With all due respect,

Please amend the agenda one more time and allow this to move forward as a discussion and action item so the Board can deliver a formal opinion to Council in a timely manner.

Thanks for your patience and understanding.

Rick

No amended agenda with Chairman Bonart's request has been sent out to OSAB members as of this posting.

Scenic Sundays Move to 7 AM

Representative Beto O'Rourke strolling with family at the recent Scenic Sunday "Walk through Time" event

Beginning this Sunday, October 4, Scenic Sundays will run from 7 a.m. until Noon. The new time will be in effect until next spring.

Scenic Sunday is a year-round program sponsored by District 2 of the City of El Paso and the Newman Park Neighborhood Association. Scenic Drive is closed to all vehicular traffic from Richmond to Rim/Robinson during the posted hours. El Paso Police Department officers are on hand to block the road to vehicles and provide security for all participants.

District 2 Representative Susie Byrd says: "Now that the weather is cooler, it's a a great opportunity to get outside, get some exercise and enjoy the views of El Paso."

Most Sunday mornings Byrd is found walking along Scenic Drive.

Impact Fees - Now What?

Most of you already know that impact fees passed City Council this past Tuesday night with Mayor Cook breaking a 4-4 split vote.

Already, builders are suggesting that homebuyers will absorb the costs (as opposed to everyone else prior to the decision).

We do know that there is some disgruntlement within the El Paso business community. There are fears that the City Council will turn increasingly anti-business now that the election is over. One business person even asked, "Why is Susie Byrd so anti-business?"

In response, Representative Byrd wrote the following in an email to me:

"I'm pro-District 2. I'm pro-El Paso. I'm pro-El Paso businesses.

I want a city where folks can depend on a good wage for a hard day's work, where they can live in a great safe neighborhood that makes them proud of the place they call home, where they can start a business and flourish and thrive and where they know they are getting value and services for the taxes they give to the City.

This year, ratepayers paid about $100, or 20% of their water bills, for new development. They receive little or no value for that investment in new development. We voted to shift those costs to the developers and to the users who receive the full value of that investment. That was the right decision for District 2 residents and the right decision for El Pasoans.

For too long, the prevailing business model depended on influencing government and little or no competition. Look where that got us. We are now seeing many business and civic leaders step up and speak out against that business model, demanding real competition and investment in our community that will create jobs and make El Paso shine. We need to put that era behind us and look for solutions that serve the community and serve business."

Hopefully, now that there will be impact fees, the City will be able to manage sprawl much better than before. According to a 2003 Maryland study, impact fees can direct growth to targeted areas and protect open space.