3

3.8.2005

This week, I felt like a member of the audience at the circus. Fortunately, there was no abuse of animals at this circus…it was the audience, the citizens and the City Manager who were being abused, my dear reader.

Read on, if you dare.

Problem Minutes?

Yet again, Vivian Rojas decided to postpone some minutes:

2. APPROVAL OF MINUTES: [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127] Approval of Minutes for Regular City Council Meeting of March 1, 2005 and Special City Council Meeting of February 17, 2005 (Joint Meeting with Las Cruces City Council). Special City Council Meeting Minutes of February 17, 2005 POSTPONED FROM 03/01/05

(Attachment) - Regular City Council Meeting of March 1, 2005

(Attachment) - Special City Council Meeting of February 17, 2005

It was the February 17^th minutes she wanted postponed…again.

Missing Man

One City Representative was absent this week:

3. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:

Paul Escobar

Maria Teran Keeps Cashin’ In!

The newly appointed member of the Public Service Board, Maria Teran, through her company Sierra Machinery, made a nice chunk of change off the City this week. Approved on the consent agenda was the following award:

17A. Solicitation No.: 2005-087 Articulated Truck

Award to: Sierra Machinery El Paso, TX

Item: Alternate Bid

Item 2A-1 Articulated Truck 30 Ton Capacity

2 each @ $288,900.00 $577,800.00

Item 2A-2 5 Year Repair Expenses

2 each @ $41,390.00 + 82,780.00 (Not to Exceed)

Total Recommended Award $660,580.00

Item 2A-3 Guaranteed Repurchase Price

2 each @ 107,900.00 - 215,800.00

$444,780.00

Less Trade-In Allowance (Items 1 thru 7) - 340,000.00

Net Cost $104,780.00

Department: Solid Waste Management

Funds available: 40415-508006-34340200 ($577,800.00)

40403-502300-34010296 ($82,780.00)

Funding source: FY2004 Solid Waste Management Revenue Bonds

FY2005 Solid Waste Management Operating Funds

Total award: $660,580.00

District (s): All

The Fleet Services, Solid Waste Management and Purchasing Departments recommend award as indicated to the lowest responsive offer, by definition meeting specifications, from responsible parties. This is a fixed-price, single (one-time) purchase, to purchase two (2) 30 Ton Capacity Articulated Trucks. There is an option to purchase up to one hundred percent (100%) of the original contract quantities, at the same unit price, if the option is exercised within one hundred eighty (180) days from the date of award of the contract. No prompt payment discount is offered. It is requested that the Mayor and Staff be authorized to execute budget transfers for this purchase, as necessary. (Attachment) [Purchasing Department, Alfonso Guerrero, Jr., (915) 541-4654]

As you may recall, I informed my readers last week that her company had also won an award (for over $100k) through the PSB the week before she was appointed.

Because she does so much business with the Public Service Board and the City, I do not think she was the best possible pick for the Public Service Board appointment. I strongly believe that the individuals serving on that very powerful board should not even have a perceived conflict of interest in any way, shape or form, and should be completely free of PSB or City money and contracts.

Call me crazy, but that’s my opinion.

Changing of the Tune*

*Unlike Britain’s “Changing of the Guard,” the “Changing of the Tune” generally occurs around campaign season

The following item is so long-winded, pompously written and disingenuous that it could only have been drafted by Mr. Disingenuous Long-Winded Pomposity himself, Robert Cushing. Moreover, if this item ain’t an 11^th hour campaign ploy, I don’t know what is:

21B. Discussion and action to authorize the Mayor to enter into negotiations with the County of El Paso to develop a joint contingency plan to protect the citizens of El Paso from any harmful effects that may occur as the result of emissions of heavy metals and other contaminants from ASARCO, pending the ruling in the case styled ASARCO v. Texas Commission of Environmental Quality v. The City of El Paso, Cause No. GN 401709, in the 261st District Court of Travis County, Texas. The ruling, whether adverse or favorable to the citizens of El Paso, will ultimately result in a lengthy appellate process, and in the event the ruling is adverse, such ruling, pending appeal/s could wrongfully deny the citizens of El Paso of the proper opportunity to fully demonstrate the magnitude of harm that would be caused by ASARCO's resumed operation. The City and the County share equal responsibility in ensuring the rights of the citizens to be heard at the contested case hearing, as is evidenced by the continued operation of the El Paso City County Health unit that stands as a first line of health and safety protection for all citizens of El Paso. [Representative Robert A. Cushing, Jr., (915) 541-4996 and Mayor Pro-Tem Anthony W. Cobos, (915) 541-4123]

Poor Richarda Momsen was almost out of breath when this exercise in two-faced showboating was read into the record!

“The reason we put this on the agenda is in conversation with, uh, Asst. City Attorney Jim Martinez, uh, the case that’s in Travis County where basically ASARCO is questioning the right or authority of the TCEQ to hold the contested case hearing was held in the court down there and to this point,” announced Cushing. “We as a City have done a tremendous job in moving this thing forward.”

How Cushing could say that without fearing a bolt of lighting to be shot into him was beyond me. A tremendous job in moving this thing forward?!? Sorry, Bob, but you can’t fool a fool like me.

Cushing continued, “We survived the, uh, temporary, uh, injunction that tried to stop the, uh, contested case hearing, but now with this case, and I believe, I think Jim’s here, when is the ruling due to come out in the case, Mr. Martinez?”

And at that point, Jimbo with the Jumbo salary (a/k/a Jabba a/k/a “El Superstar”) stepped up to the podium.

He said the judge committed to having a ruling by March 11^th.

Mutual . . . Approbation

Pointing out that there will probably be an appeal one way or another, Cushing said, “And so what I really wanna do is, uh, be able to authorize the mayor to get over with the County, and I really haven’t seen them get involved in any way whatsoever concerning the ASARCO issue to this point. And we’re now, I guess, it’s at the critical stage, and, uh, to the best of my knowledge they aren’t even listed as a party in the contested case hearing.”

Pointing out that the City-County Health Unit issues have now been resolved, he said it’s important to get County support in this – either legally or financially during the appeal.

Cobos, as usual, had to heap his praise upon his compatriot and ally in corruption and said, “I wanna applaud you, Mr. Cushing, for bringing this discussion forward.”

You gotta love these guys. They have absolutely no shame. Cushing is the same guy who privately (and at times publicly) has said that Senator Eliot Shapleigh, the elected official pushing this issue, is wrong to fight ASARCO, and Cobos is the guy who frequently chastises Shapleigh for his aggressive involvement in the face of our City government’s inaction. It took a march on City Council by citizens of this community for Council to do the right thing by finally filing a last-minute brief on behalf of the city opposing ASARCO’s reopening.

But here they are, patting each other on the back. These guys couldn’t give a whit about reality because in their little world, they create the facts and their “facts” fly in the face of the real facts.

Cobos continued, “I think we need to plan for the worst-case scenario.” (I wanted to ask, “You mean, you guys getting re-elected?” Because that, my friends, would indeed be the worst-case scenario.)

Cobos echoed Cushing’s statements that he wants County money and legal support in case of an appeal and again gave a little dig at the senator saying that “there are politicians who want to point fingers.”

“You’re doing a great job,” said Cushing to Jimbo with the Jumbo Salary, asking him (an Assistant City Attorney) if it was okay if they gave the mayor permission to “get together with the County to see if we can bring some synergies into this relationship here?”

Jabba graciously granted him permission.

Cushing made a motion to allow the mayor to talk to the County about working together (this is leadership?!), and the motion passed unanimously.

The Guard Dogs at Work

The following item elicited some passionate debate among Council:

21C. Discussion and action on allowing certain exceptions to policy requiring City to hold first lien on rental rehabilitation projects under the HUD-funded HOME Investor-owned Properties program, including but not limited to an exception for the Desert Pines project on George Dieter Blvd., submitted by the San Antonio Alternative Housing Corporation. [Representative Paul J. Escobar, (915) 541-4182]

Although there was no backup provided on this item, I learned (through the discussion at the meeting) that City Representative Paul Escobar wanted the City to consider granting a waiver to a San Antonio non-profit, the San Antonio Alternative Housing Corporation (SAAHC) that had been denied local Community Development Block Grant (CDBG) funding. The SAAHC needs the funding in order to purchase and rehabilitate a large apartment complex on George Dieter, which would then be set aside for affordable housing for El Paso families. In addition to the CDBG funding, the SAAHC would also be asking for tax credits from the Texas Department of Housing and Community Affairs (the TDHCA).

For those of you unfamiliar with tax credits, here’s how the TDHCA explains them:

“The tax credit program is the primary means of directing private capital towards the creation of affordable rental housing. The tax credits provide developers of low income rental housing with a benefit that is used to offset a portion of their federal tax liability in exchange for the production of affordable rental housing. The value associated with the tax credits allows residences in HTC developments to be leased to qualified families at below market rate rents.”

http://www.tdhca.state.tx.us/lihtc.htm

Because the SAAHC would be applying for tax credits through the TDHCA, I wondered how Cushing and Cobos (who are wholly owned by Bobby Bowling) would react to the item. Bowling, who in addition to owning Wardy, Cushing and Cobos, also owns Tropicana Homes, depends on these tax credits, because, my friends, they are one of the ways that he stays rich. (Imagine that—a champion of free enterprise who makes much of his money from government benefits.)

As a reminder of the kind of guardians Cushing, Cobos and Wardy have been when it comes to defending Bowling’s interests, I’ll say one word: Suncrest. In 2003, on behalf of Bowling, Cobos viciously attacked one of Bowling’s competitors, Ike Monte, and his partner, the Housing Authority, on the Suncrest Townhomes issue. The City got involved in something that was none of their business, and a lawsuit was filed. The City ended up on the losing end, had to expend legal fees and had to turn over many City-owned properties (paid for through taxpayer funds) in the settlement.

All of Cobos’s work (riling up the neighborhood with racist, classist, mendacious scare tactics, attacking the Housing Authority and its partner developer, requiring that the City retain legal counsel to defend against the inevitable lawsuit, and giving up our City-owned property) was all done in the name of Bobby Bowling and protecting his tax credit empire. God forbid Bobby Bowling ever have any competition!

Back to the agenda item.

Representative Escobar, who placed this item on the agenda, was absent that day from Council, so Susan Austin took the lead on this.

Positively Puzzing Policy

“What is at issue here today is the policy of whether we might consider certain home investor owned properties to be eligible for our program—these are federal funds—if we have a second lien instead of a first lien under certain circumstances. And right now our rules provide for only first lien projects…so there are various policy issues here,” she said.

The City has created a policy to reject projects that do not list it as the first lien holder (the George Dieter project lists the City as a second lien holder). “It very clearly presents the policy issue of whether it might be appropriate in certain cases to have the City have a second lien to get very large highly leveraged projects done.”

Cushing wanted to know how the City would secure the money if it only holds a second lien. Austin said, “It’s still a lien.”

Robert Salinas, the Director of the Community Development Department, explained that his department’s mission (from which funds for this project would come – federal funds sent to the City) is to provide safe, decent and affordable housing and to revitalize and preserve affordable housing in low-income areas. He showed pictures of some of the projects the City is currently working on (which were properties in disrepair). He said that in light of President Bush’s desire to cut funding to Community Development funds, “I think we need to look at our priorities.”

He also showed a map identifying where these properties were located.

The George Dieter property in question, said Salinas, is north of the freeway and not in an economically depressed area. I couldn’t tell if he was trying to assert that there are no economically distressed areas north of the freeway; if he was, my friends, such an assertion would most assuredly be wrong.

Salinas explained that City Council required the department to ensure that the City be in first lien position when entering into these projects and prohibited the refinancing of existing debt. In August 2004, the policy was found to be “too restrictive” and Council kept the first lien position requirement, but allowed for refinancing of existing units. He said that staff was required to follow that policy.

He said that in December, the San Antonio Alternative Housing Corporation (SAAHC) submitted an application for funding. Salinas showed pictures of the SAAHC property, which was not as run down as the other properties, and said that SAAHC is not yet the owner of the property and needs to reapply for the funding once they do own the property. Salinas added that he is obligated to deny the project based on Council policies.

Suncrest Redux?

Cobos, predictably, was a strong opponent of the project (see…I told ya so…he really wants to protect Bowling at any cost). Cobos became increasingly hostile as he argued against supporting the project and said, “This is a big, big deal. We have very limited resources with CDBG monies, and those resources are going to be cut. There’s a process that needs to be followed to change our policy…Using El Paso resources, our limited resources to bank a deal is not appropriate.”

Hypocrisy Alert!™

Cobos, who lobbied hard for an exclusive, no-bid, sweetheart deal for Luther Jones’ client on the Fats, Oil and Grease (FOG) contract, is talking about misusing limited resources?

I wanted to rush the podium and announce, “Misuse our limited resources? You do this every time your rig a bid, Mr. Cobos! Are you telling me you can’t review policy in order to help stretch those resources and at the same time create more affordable housing? Is there no limit to your hypocrisy or your bad faith?”

(Of course, I didn’t. I just sat, watched and took notes.)

City Manager Joyce Wilson supported the staff recommendation. Representative Vivian Rojas, who called this section of George Dieter “upper income,” made a motion to deny the request. Cobos quickly seconded the motion and Lozano, trying his best to short-circuit any additional debate by Council members or the public, tried to keep Austin from speaking.

Extreme Makeover, Government Style

Wardy allowed Representative Susan Austin to speak and she explained why this was a good deal. She said, “In our consolidated [Community Development] plan all about housing…it says very clearly that…there is a deficit in El Paso of over 25,000 units of affordable housing, 25,000, alright? And so the thing is, we can do projects, for example, the other projects that you mention, the other nine in the hopper, what would you say is the average amount per unit that’s being spent, what, $400,000, to get 12 units?”

“You’re correct,” responded Salinas, adding, “The cost is higher for the more dilapidated units, that is common sense.” Salinas explained that the George Dieter units only need moderate rehab as opposed to the extreme rehab needed by other units.

Austin asked how much is being spent per unit on the other nine units.

Anywhere between $10,000 to $35,000 per unit, said Salinas – for a total of ten units.

“That’s $350,000 and we get 10 units. This project we’re spending $900,000 and we’re getting 109 units. I don’t mean to talk about this project in particular, but where you have highly leveraged projects you could be getting over 100 units, so ten times as many units for three times as much cost,” said Austin.

By George, she makes sense!

She also wanted to know if these projects—without the rehab money—would have to target a “certain income level family.” She explained, “In other words, these apartments as they exist today, they’re not reserved for affordable families are they?”

“No,” replied Salinas.

“So if we did a project where we put home funds into rehab and get 100 units, those could be reserved for affordable housing for 15 years, is that right?” she asked, “So we could be assured of preserving 100 units for a whole 15 years!”

Salinas, who is the absolutely perfect bureaucrat and who is defending policies that were probably recommended by his boss, Debbie Hamlyn, wouldn’t budge and seemed determined to resist the good sense that this project makes.

“Over the past four years, how much money have we spent on home rehab?” asked Austin. The answer was about $3 million annually, generally. Wow.

Austin asked, “For how many units? At what rate are we chipping away at the 25,000 needed in units? Isn’t it true that we’ve only done about 110 units in the last 4 years…and used all our money?” The reluctant answer was yes.

Folks, that’s unacceptable.

City Manager Joyce Wilson explained that because this came up only two weeks ago, there wasn’t enough time to really evaluate the project well enough to issue a recommendation to accept it.

We’re in Wardyland, Land of Inarticulocracy (Rule by the Inarticulate)

Lozano complained that he didn’t know anything about this and wasn’t briefed. “But you know, I don’t think, that, what I hear right now, I don’t know, I don’t appreciate it, I don’t think we’re doing on the right track, it is not responsible…what you’re talking about, maybe it’s good ideas, and staff is right.”

Huh?

Cobos, disagreeing with Austin, said that he thought that the money had effectively fixed up Central El Paso. Arguing against using the money outside of Central, he tried to paint a very bleak picture, saying, “We may be able to get more units [and he used the silly finger quotes when he said ‘more units’] per if we, if we go with a large apartment complex like this, but at what cost? At, uh, at the expenditure of losing more homes, of, of an exodus in central El Paso? [Huh?] What about our infill policies and concerns?”

Hmmm. Interesting. Cobos, who is a big fan of building new homes on the outskirts of El Paso because he’s owned lock, stock and barrel by Bobby Bowling of Tropicana Homes, talking about infill? Methinks the man doth protest too much…could it be he felt that this group was a competitor to Bobby Bowling? His hostility and doom and gloom lecture seemed so inappropriate, especially considering that he’s been soooo concerned about the CRISIS of incoming Fort Bliss troops who will need access to affordable housing.

Cushing was also pontificating about why he didn’t support the project (hey, when this guy feels one of his patrónes is threatened, he, like Cobos, becomes a very tenacious guard dog). In fact, at one point, he became extremely irritated (and kinda scary) when Susan Austin disagreed with him and corrected him.

When Wardy asked Salinas if he had anything else to add before leaving the podium, Salinas answered, “I think the message is clear.”

Lisa Turner, an activist I usually agree with (not this time, though), spoke out against the project.

Rod Raitle, the executive director of the San Antonio Alternative Housing Corporation (which is a non-profit, not a greedy corporation as Cobos had tried to paint them during his speech), explained that this project will add 180 units for 30 years (not 15). The SAAHC creates affordable housing in San Antonio and Austin, and they were hoping to do it here as well.

(It was at this point, dear reader, that I wanted to slip Mr. Raitle a note, saying, “The reason Cobos and Cushing are so hostile towards your project, sir, is because their owner, Mr. Bobby Bowling, has a monopoly on affordable housing in El Paso. So, good luck!)

Raitle explained that El Paso is not gaining but instead is losing affordable housing units. He also explained the City’s second lien position to them and said that if the project went belly-up, the City would still recoup its investment. He argued that specifically because the City’s CDBG funding is shrinking – they need to look at stretching the money to create more units (which this project does).

Local housing professional and housing advocate Sandra Almanzan (who at one point clarified that her company, Fannie Mae, was making no money on the project and was there simply to support the project), said that because there are such limited resources for affordable housing, Council should try to get the “biggest bang for your buck,” and creatively leverage money in order to get more from City investments.

She’s absolutely correct.

She also said that the City’s CDBG investment of $900,000 will bring in $8.8 million in investment and construction, “which I think is pretty impressive [and] merits your consideration.” She told Council that the final decision rests with them and said this is “an affordable housing issue,” and said that she doesn’t believe that any one of them would tell her that they don’t need affordable housing throughout the entire city.

Again, she’s absolutely correct.

Guarding the Trough

Cobos, who I had suspected all along of wanting to protect TDHCA tax credit money for his boss, Bobby Bowling, began to question Almanzan’s information and (confirming my suspicions), said, “From what I understand, the set-asides [the TDHCA money], if they are not utilized [by non-profits], then they go to the for-profit sector.”

A-ha! He doesn’t want non-profits to get the credits/money that could go to his boss, the private developer Bobby Bowling! He sure does work hard for good ole Bobby.

Jose Gonzalez, a consultant for the SAAHC, told Cobos that he was confusing two programs. He explained that if El Paso does not take advantage of the TDHCA money the SAAHC was trying to get access to for the George Dieter project, the money would be sent back to be used for another community. He also said that El Paso is growing and that the pressures on housing will only grow and that El Pasoans who need affordable housing shouldn’t be forced to live in one particular part of town. Here’s another irony alert™ moment. When he was waging his war against Suncrest, Cobos made the disingenuous argument that the Suncrest Townhomes Project represented “clustering” and that affordable housing should be scattered around town. Singin’ a different tune now, eh, Tony?

Representative Presi Ortega said the project “has a lot of merit” and Representative John Cook seemed to support the project near the end of the discussion. Even Wardy supported the project (but he used that clichéd language that just kills me…and recommended that Council “think out of the box” and called it a “good exercise for our community.”)

Rojas, who made the motion to deny the request, complained that she did not get briefed, but pulled her motion. The item was postponed for three weeks.

Humps Are Alright!*

*Sung to the tune of “Surrender” by Cheap Trick…sing along, folks!

Before the following item was read into the record (and during another discretionary budget item), Lisa Turner asked that Council refrain from using discretionary funds during campaign season.

11B. Authorization to use District 3 Discretionary Funds to fund the installment of two temporary speed bumps, estimated at $2,300 for two 8-piece units; one set to be installed at end of the 9100 block of Cosmos, and the second set in the vicinity of 7356 Franklin Road; and to instruct the City Manager to direct the appropriate staff to proceed under the new Traffic Management Guidelines to have these speed bumps placed within the next 30 days to address the concerns brought up by constituents regarding traffic and pedestrian safety. Dept ID #01010003, Account #504420, Class #01001, Fund #01101 [Representative Jose Alexandro Lozano, (915) 541-4515]

Rick Connor informed Council that the motion calls for speed bumps and he recommended against them. He also said that the City recently adopted a traffic management plan, which he had hoped Council would adhere to; the neighbors, he said, followed their own process, which happened before the plan was in place. He also said that it would not be possible to get the humps installed within 30 days.

Lisa Turner asked, “Why bother with the process if you’re not gonna follow it?”

Lozano said the public could answer her question, and she said, “You put it on the agenda!”

“It’s been okayed by staff,” responded Lozano. “It’s alright to put a hump. Not a bump. So humps are okay.”

Glad to hear that. Okay, all you red hot lovers out there. Alexandro’s given you the green light. Time to make whoopee!

The item passed unanimously.

Larry Keeps His Job

Passed after very little discussion:

4L. That the Mayor be authorized to sign a Contract between the CITY OF EL PASO and LARRY E. ROMERO, to assist the Economic Development Department as a Business Retention and Expansion Manager, at a biweekly rate of $2,115.38, for 40 hours per week. The term of the contract shall be for the period of March 14, 2005 through March 13, 2006. This contract is subject to the concurrence of the Civil Service Commission. (Attachment) [Economic Development, David G. Dobson, (915) 541-4680]

He’s on board until 2006.

Mr. Wardy’s Flying Circus

Just as the following item was being read into the record, someone on Council sighed and said, “Oh, boy!” and Lozano giggled:

16. BEST VALUE PROCUREMENT: This contract shall be awarded to the bidder who provides the best value to the City. The City may consider price and other relevant criteria listed in the request for bids. Solicitation No.: 2005-074 City Hall 9th Floor Renovation

Contractor: Jan-Car, Inc. Horizon City, Texas

Department: Building and Planning Services

Funds Available: PPWFA03009-31260001-60615-508027, $24,586.40

FY03 Certificates of obligation

PPWFA03009-31118111-27035-508027, $49,421.98

1993 Certificates of obligation

PPWFA03009-31134000-27101, 27102 & 27105-

508027, $40,529.33

1997A Certificates of obligation

PPWFA03009-31250102-27178-508027, $106,161.35

2000 Certificates of obligation

PPWFA03009-31250102-27179-508027, $15,929.94

2000 Certificates of obligation

Items: Base Bid II $236,629.00

Total Award: $236,629.00

District (s): 8

The Departments of Engineering and Building and Planning Services recommend the award of this contract to Jan-Car, Inc., as this Offeror has provided the Best Value Proposal. It is requested that the Mayor of the City of El Paso be authorized to sign the referenced contract. Additionally, it is requested that the City Manager and Staff be authorized to execute budget transfers for this award and project, as necessary.

As part of the award of this contract, the City Engineer is authorized to approve contract changes which are necessary for proper construction of the work and carrying out the intent of the design, but which do not increase the scope of the contract as awarded, in an amount not to exceed $25,000 per numbered change order, and not to exceed the total of 25% of the original contract price as awarded, without further authorization by City Council. The work is to take place inside the 9th floor of City Hall located at Two Civic Center Plaza, El Paso, Texas. This project will provide for furnishing and complete installation of an automated file system for the City Attorney's office. Additionally, 2 renovated offices for City Attorney's Department, space for the City Manager's Department and the Deputy City Manager's offices will be renovated. The total area renovated, not inclusive of the filing system space, is 8,548 sq ft at a per sq. ft cost of $20.64.

The work consists of interior demolition work including removal of carpet. Work includes, but is not limited to sealants, doors and frames, hardware, glazing, partitions, finishes, vinyl composition tile, paint, ceilings, etc., window blinds, operable metal storage system, HVAC, plumbing, electrical power, lighting, and special systems. Contractor shall provide conduit for voice and data system. Contractor will not provide cabling for voice and data system.

Work includes, but is not limited to sealants, doors and frames, hardware, glazing, partitions, shelving, kitchen cabinets, finishes - paint and ceilings, HVAC, plumbing, electrical power and lighting. Contractor shall provide conduit for voice and data system. Contractor will not provide cabling for voice and data system. Contractor will not provide carpet and cove base.

The City Manager and staff will be relocating to the 9^th floor. This will allow for future 10th floor reconfiguration to create a central reception area for visitors to 10th floor offices, additional conference room meeting spaces for City Council and staff other improvements and efficiencies in telephone and support services. (Attachment) [Purchasing Department, Byron Johnson, (915) 541-4308] POSTPONED FROM 02/22/05

If you recall, this item caused quite some controversy last week. The City Manager explained last week that this money was already programmed and ready to go, it would help her consolidate the Assistant City Managers in one place (the 9^th floor), and it would increase efficiency.

As soon as it was read into the record, John Cook made a motion to approve the item and Susan Austin quickly seconded the item.

Unfortunately, it wasn’t gonna be that easy or painless.

Cobos asked to speak and said that he wanted to modify the plans in order to save money and moved to reject all bids.

The City Manager said, “If Council’s concerned about the scope of the project and the cost, then I have no objection to rejecting the bids and re-thinking what our needs are. Certainly it’s not urgent that we do this right now…there are some efficiencies that can be gained.” She said that she had presented Mayor and Council with a detailed scope, map, layout and a summary of the history of what renovations have been completed to date. She reiterated that this is not urgent, and she would be okay with moving on. She also said the bidder will not hold the current bid for 60-90 days in order to rethink the project. “If you’re not comfortable approving it, then I recommend you reject it.”

“It costs people a lot of money to submit bids and stuff like that,” said Austin. “And so when we put things out and then pull them off the table because we’ve changed our minds, there is a cost to that.” Again, wow, Austin was right!

Cobos insisted that there are other savings to be found and said “it’s just a little more than I was hoping to spend.”

Private citizens Lisa Turner, Richard Schecter and Ray Gilbert all spoke and supported moving forward with the project, arguing that doing this project in the future will cost more and that the citizens voted for a City Manager and it’s important to give her the tools she needs to be effective.

Wilson was again asked to describe the project, and once she did, she said, “This is, like, not an urgent transaction,” and although it would be beneficial, she said it didn’t need to happen.

Cook pointed out that the funding sources for this item are certificates of obligation dating back to 1993, and added, “We’ve had negative arbitrage on those all this time. The interest is just eating these funds up while they sit there not being used, and I think it’s incumbent on us to go ahead and move forward on this today.”

He’s absolutely right.

Wilson said there are programmed uses for this money on the 9^th and other floors, and she said that the 9^th floor will remain vacant and unused until Council decides to do something about it.

“In trying to save money are we gonna end up spending more money?” asked Ortega. I can answer that: Yes.

What Is the Sound of One Mayor Laughing?

Wardy then said, “So let’s spend the money so we don’t have to pay interest,” and he laughed at this own comment. (No one else laughed.)

Cobos then launched into a lecture about how “reckless” certificates of obligation are (I guess mortgages are “reckless” too, eh, Tony?) and then Cushing launched into his concerns about the fact that the cost didn’t include carpeting. (I breathed a sigh of relief at this moment—I was hoping someone would bring up the glaring carpet omission. Whew! Glad Cushing’s on top of the carpet mysteries, aren’t you? He’s a veritable forensic carpetologist!) Cushing also complained that Wilson’s Assistant City Managers would need furniture, but Wilson reminded him that they already have furniture that they would use.

She again urged them to move on and reject it if they cannot support the item.

Lozano Asks, WWJD?

It was time to vote on Cook’s motion to approve. Austin gave a quick yes, but when it was Lozano’s turn, he needed time…he looked down at his laptop (as if waiting for an answer to come from it)…paused…said “I, uh…Jesus Christ! You know, I know what you want, and we know what we want, but, uh, what is it the citizens of El Paso want? And I just heard three, you know…these people complain about our share and now they’re allowing this…I’m gonna vote yes.”

Huh? I didn’t know if I should kneel and pray or if I should simply beat my chest.

The yes votes came from Austin, Lozano, Cook and Ortega; the no votes were Cushing, Rojas (whose vote was inaudible to me) and Cobos. The item passed with a vote of 4-3.

“That’s with a condition, right?” asked Lozano of no one in particular.

Yes, indeedie, it was a circus. For your viewing pleasure, here’s the link to Channel 7’s story about it:

http://www.kvia.com/Global/story.asp?S=3049473&nav=AbBzXFUg

But that wasn’t the end of it, my friends. Oh, no! That would be too easy. More on this item later.

A Semblance of a Plan Finally? (If you will?)

David Dobson spoke on the following item:

25. CITY MANAGER: City Manager's report of current events and issues: Business First Program Introduction

Dobson explained that the “Business First” Program was a “premiere” business expansion and retention program created by Economic Development. Dedicated staff members will focus on the program. He said most of the business growth in El Paso comes from existing businesses expanding. “This program will support the efforts, if you will, of REDCO [the private economic development foundation also known to some community members as “REHASH”] in attracting new businesses, uh, to our community. Your existing businesses are your strongest tool, if you will, in that attraction effort…we need to have happy campers, if you will, if we are to attract more happy campers.”

I was starting to care less and less about those campers and more and more about getting these people a dictionary, a thesaurus, some reading materials so that they could expand their limited vocabulary (if you will)!

He explained that over the next six months, the staff will visit 300 businesses to tell them they appreciate their businesses in El Paso, to determine what their needs are for growth, and to connect them with the business network of over 24 organizations that exists in the community (isn’t this what the Chambers of Commerce are supposed to do?).

Dobson explained that Larry Romero will be the business manager for this project. Del Birch, Vice President of “Executive Pulse,” a consultant hired by the City who, according to Dobson, has “helped put together a state of the art expansion program, if you will, for our expansion activities. Birch explained the need to grow existing businesses (this presentation, unfortunately, was another snoozer…and this guy was the type of cheesy speaker who looks like someone from another era with his outdated eyeglasses from 30 years ago, and who says “guys and gals” as he tries to motivate the audience…as I say, cheesy).

Dobson explained that the department would be hiring contract employees to help achieve this mission.

When Presi Ortega said the City Representatives would be willing to help as long as they didn’t have to attend 7:30 a.m. meetings, Wardy said, “Presi, party with the boys, get up with the men,” and then laughed heartily. This time he didn’t laugh alone.

Wilson said they would also want to find “business volunteers” to help.

No action was taken on the item.

Back to the Circus

As Council was ready to head into executive session, Alexandro Lozano (after having taken a quick and quiet call on his cell phone) said, “Mayor, I’d like to reconsider an item on the agenda…number 16.”

“No, no way,” said Cobos.

“I make a motion to adjourn,” said Cook.

Lozano made his motion to reconsider the item calling for 9^th floor renovations.

Cook made a motion to go into executive session, which was seconded by Presi Ortega. The motion was ignored.

“The bleeding has stopped, why are we gonna pick our scab?” asked Cobos.

He’s Got a Condition All Right

“The reason, Mr. Cobos,” said Lozano, “is because I thought we were gonna have a condition, and we don’t have a condition, and I, I thought that, you know, that, uh, it was understood that, uh, we were gonna have a condition with this expenditure, and I, well, I don’t wanna get out here saying, ‘yeah, you can spend all this money.’”

Vivian Rojas seconded his motion. When Richarda Momsen, the Municipal Clerk began re-reading the item, Cook rightfully questioned why his motion wasn’t being voted on.

Lisa Elizondo said it was up to Wardy to decide which motion he wanted voted on. Hmmm. Oh, well, who needs those pesky parliamentary rules anyway when we’ve got Joe (“the Council C’est Moi”) Wardy to tell us how to run the meetings of City Council.

Wardy said that Lozano still had the floor when Cook made his motion (to go into executive session) and that he hadn’t recognized Mr. Cook.

“That’s the second time I haven’t been recognized,” said Cook, removing his glasses and saying, “Hmm,” acting as if he were looking in the mirror to see what about his physical appearance had changed.

Chagrined by the sarcasm, Wardy said, “It’s quite alright, Mr. Cook, don’t worry.” I think he has every reason to worry if you’re calling the shots, Monsieur Joe.

Ignoring Cook’s motion, Wardy instructed Momsen to take the vote to reconsider the item.

And I Asked Myself, Why Did I Goed?

Returning to form, Susan Austin foolishly voted yes (up to that point, she had been so . . . sensible), along with Cushing, Lozano, Rojas and Cobos, and, as a result, Council opened up the discussion on all this absurdity once more.

Lozano then made a motion to reject all bids. “You cheated!” cried out Austin.

“I didn’t cheated,” he responded (or is it “respondeded” in Lozanoville?). “Why did I cheated?” he asked Elizondo, who said he could make whatever motion he wanted to make.

He gave a convoluted explanation (one much too complicated even for this copious note taker).

Don’t Ask Lisa E—Her Backup Just Left

Austin asked Elizondo how long the bid was good for and Elizondo said, “My purchasing lawyer has gone upstairs,” and could not answer the question.

Austin made a motion to postpone the item for one week and Cushing seconded it. The motion failed.

“If somebody will recognize me…” said Cook, and Wardy said, “Mr. Cook!”

Cook made a motion to approve the item and to ask the City Manager to renegotiate the item within the scope of the law (to which Wilson said, “thank you”).

Cobos wanted to know if they could specifically ask for a 25% reduction and they asked Elizondo for legal advice. Because, naturally, she could not specifically answer Cobos’s question or give competent legal advice, they asked Ray Gilbert (a private citizen) for legal advice. Makes sense to me. Gilbert, a non-lawyer (I believe), has probably forgotten more law than Elizondo has ever known.

The yes votes came from Austin, Cook, and Ortega. The no votes came from Cushing, Lozano (who got his condition!), and Cobos, who said he regretted reconsidering the item. I regretted a lot more than that.

Cook’s motion to approve the item failed. Cushing made a motion to go into executive session, which was seconded. Wardy wanted them to vote on the moving to executive session as Austin tried to figure out what had happened. (Clearly, Wardy did not want this item to pass and did not want his City Manager to get her request.)

Presi then made a motion to postpone the item one week and Susan Austin seconded that motion.

Cushing then tried to figure out what had just happened, and Elizondo (of all people!) tried to explain that Council left the issue “in limbo” (or did I hear her say they left the issue with “this bimbo”? I couldn’t tell…at this point, I had been driven off the deep end by the atrocities being committed by this Council in my presence).

The City Manager asked that they move to simply reject all bids. Ray Gilbert asked them to postpone it one week and negotiate a better (or different) deal with the contractor.

Cobos said, “This very unfortunate chain of events…it’s not fair to our City Manager to postpone this. Let’s make a decision…and move on.”

He made a motion to reject all bids, seconded by Cushing. They never voted on the motion to postpone.

Could this get any more pathetic, my friends?

The motion to reject all bids passed, with only Austin, Cook and Presi voting yes.

Cobos apologized to the City Manager, “for what has happened.”

“Why are you rejecting this,” asked Lisa Turner, suggesting, “This is a political power play and you’re trying to put the City Manager in her place.” She’s absolutely right. Wardy has expressed his displeasure with Wilson because the voters have spoken and she has usurped his power. Turner reminded Council that the citizens voted for a City Manager. “Since we’ve had a city manager, certain members of this Council have worked very hard to undercut what the people of this city wanted.”

Wardy replied, saying, “Ms. Turner, what you’re hearing today is a lack of consensus. This is a Council-Manager form of government…if Council does not have consensus, this is government in action. I don’t know what your problem is.”

“You’re right,” replied Turner, saying, “inaction, that’s right, inaction.”

Wardy laughed it off.

“That this is a power play is false, it’s tabloid, and it’s untrue,” complained Cobos, who knows falsehoods and untruths and tabloid lies very intimately.

“Then how do you explain the article in the El Paso Times predicting this was going to fail?” she asked.

To quote from that article:

“Asked if the timing has to do with the May 7 election, Wardy said, ‘Yeah.’” http://www.elpasotimes.com/apps/pbcs.dll/article?AID=/20050307/NEWS/503070303/1001

She never got an answer and the item indeed failed, as did the “leadership.”

Council then beat a hasty retreat into executive session chambers.

Executive Session Items

When Council came back out, they voted on the executive session items.

Council authorized the City Attorney’s Office to settle the following cases/agenda item:

26A. Ranchos Real IV, Ltd., vs. The City of El Paso; Cause No. 2001-3371. (551.071) [City Attorney's Office, Michele Little Locke, (915) 541-4550] POSTPONED FROM 03/01/05 AND 02/22/05

26E. Discussion and action on pending claim regarding Raba-Kistner (SW), Inc. (551.071) [City Attorney's Office, Michele Little Locke, (915) 541-4550]

Council also authorized Elizondo to hire an outside lawyer for the following items:

26B. 6415 Boeing L.P. vs. The El Paso Central Appraisal District and The City of El Paso, Cause No. 2003-1691 in the 171^st District Court 710, Inc. vs. The El Paso Central Appraisal District and The City of El Paso, Cause No. 2003TX350 in the 171st District Court Airport Business Center vs. City of El Paso, Cause No. 2003-1652 in the County Court at Law No. 5 Richard N. Azar and Jerry M. Coleman d/b/a Azar-Coleman Properties vs. City of El Paso, Cause No. 2002TX634 in the 168th District Court (551.071 and 551.072) [City Attorney's Office, James A. Martinez, (915) 541-4550]

Then they adjourned and the excruciating pain was over. By this point, I was huddled in the corner, whimpering, my hands over my ears, and I couldn’t help but repeat, “make it stop…make it stop…make it stop…”

It finally stopped.

Now, on to campaign issues.

Record…What Record?*

A GOLFING record!

This week, Joe Wardy was on the radio talking about just how busy he is. In fact, he twice mentioned the fact that he is a busy man, despite the fact that the City Manager has taken over all of his administrative duties. And Wardy, who fails to show up at candidate forums, also told the El Paso Times:

"I'm still the mayor, and I have a full schedule," Wardy said. "Today, I had meetings starting at 7 o'clock. I was on the radio, and I had meetings in my office till almost noon."

http://www.elpasotimes.com/apps/pbcs.dll/article?AID=/20050308/NEWS/503080330/1001/ARCHIVES

Woah! He had meetings ‘till almost noon! What a dog of a day that was!

Uh-huh. So you’re “busy” eh, Joe? You’re sooooo busy that you have plenty of time to golf during the work week. Take a look at Wardy’s golfing schedule between April and September of last year (during budget season, even):

Score History
If Used	Type	Date	Score	Crse Rating/Slope	Diff.
*	H	09/26/04	97	71.0 / 132	22.3
*	A	09/19/04	92	69.3 / 128	20.0
*	H	09/19/04	96	71.0 / 132	21.4
*	A	09/16/04	88	67.6 / 113	20.4
*	H	08/29/04	95	71.0 / 132	20.5
*	H	08/02/04	88	71.0 / 132	14.6
	H	07/20/04	99	71.0 / 132	24.0
	H	07/13/04	102	71.0 / 132	26.5
	H	07/01/04	100	71.0 / 132	24.8
*	H	06/23/04	95