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Sylvester Turner

Zipcar parking arrangement approved

Good.

The City Council on Wednesday said companies can start immediately applying for agreements with the city that allow them to use on-street parking spaces so vehicles are visible and easily available to users. Companies such as Zipcar allow people to check out vehicles with a smartphone app and rent them by the day or hour. Drivers can then leave the vehicles in any designated spot.

Council members also approved continuing the current agreement with Zipcar for four on-street parking spots in Midtown.

With citywide rules in place, Mayor Sylvester Turner said he hopes more companies come forward to offer vehicles. A handful of companies — typically subsidiaries of larger well-known car manufacturers or car rental agencies — have entered the industry.

After delaying approval two weeks ago, council members approved the proposal by the city’s regulatory affairs department, with some changes. District I Councilman Robert Gallegos, sought more focus on using renewable-energy and fuel-efficient vehicles, as well as greater oversight of exactly where the spaces will be located.

Up to 20 spaces total will be used for car-sharing at first, and any additional ones must be approved by council. Before any spaces may be used for car-sharing — following approval by a traffic engineer and ParkHouston — city staff must notify any property owners within 200 feet of the space and the appropriate city council district office.

See here for the background. As the previous story notes, Zipcar is leasing these spots from the city, which seems like a reasonable arrangement to me as long as they’re paying a fair market rate. We need to find ways to encourage people to use cars less on a daily basis, and one way to accomplish that is to make it easier for them to get a car when they do need one. This is a step in the right direction.

The revenue cap is stupid and harmful

Reason #4,739:

Mayor Sylvester Turner

In posting a sluggish population growth estimate for Houston, the U.S. Census Bureau blew a $17 million hole in the city budget.

City officials had expected the count would show Houston had added about 30,400 people by January from the year prior. The Census Bureau on Thursday, however, estimated the city grew by just 9,200 between July 2016 and last summer.

Because the revenue cap voters approved in 2004 limits the city’s annual increase in property tax collections to the combined rates of inflation and population growth, that means Mayor Sylvester Turner must adjust his proposed $2.5 billion general fund budget.

Or he will, if he is unsuccessful in challenging the Census estimate. The city’s estimates, he said, are more up to date and are “based on greater familiarity with local indicators.”

To challenge the estimate, Houston can submit data on topics such as residential building and demolition permits, mobile home placements, household sizes and apartment occupancy rates.

Houston successfully challenged its formal count in the 2010 Census, and also added 3 percent to its population estimate via an appeal in 2006, and a little more than 1 percent to its 2008 count, according to the Census website.

The city’s press release is here. Neither the rate of inflation nor the rate of population growth have anything to do with the city’s needs or its financial capacity. It also as you can see puts an awful lot of power in the hands of unelected federal bureaucrats. Who I’m sure are fine people, but they’re not accountable to the voters of Houston. I mean seriously, who thinks this makes sense? The whole stupid thing needs to be repealed.

Abbott versus Houston on Harvey funds

I have three things to say about this.

Gov. Greg Abbott blasted the city of Houston for its response to Hurricane Harvey Wednesday, critiquing what he described as a lack of sound financial planning and sluggish progress repairing flooded homes.

The governor’s assessment, which he delivered in two terse letters Wednesday, was prompted by a request Mayor Sylvester Turner, Harris County Judge Ed Emmett and 55 other Gulf Coast mayors and county judges sent Abbott on Tuesday, requesting state help meeting the local match for a key federal disaster mitigation program.

FEMA’s Hazard Mitigation Grant Program is a standard aid process triggered after every federally declared disaster. In the case of Harvey, Texas will receive about $1.1 billion in mitigation funds, $500 million of which is available to local governments now. Local leaders must compete for the dollars and provide a 25 percent match to fund selected projects; FEMA covers the other 75 percent.

“The states of Florida, North Carolina, South Carolina, Oklahoma, Virginia, Georgia and Colorado have provided for local matches in situations utilizing HMGP,” the 57 Gulf Coast leaders wrote to Abbott. “We ask that the state of Texas make a similar effort in joining local jurisdictions as a partner in flood mitigation.”

Abbott, in his response to Turner, said he had worked to ensure local governments could use federal block grants to provide that match.

“Texas Department of Emergency Management has received zero applications from the city of Houston to access this funding, meaning there is hundreds of millions of dollars sitting on the table for your use,” Abbott added. “It is perplexing that you are seeking more funding when you have shown no ability to spend what you already have access to.”

This response confused and angered some local officials. Not only are the mitigation funds subject to a competitive application process, they said, but the hundreds of millions of dollars Abbott referenced are the exact funds they are seeking the governor’s help in matching to be able to use.

[…]

Emmett added that using federal block grants for the mitigation program — something Abbott mentioned in another recent letter to county officials — would cannibalize dollars needed for home repairs and additional infrastructure projects.

“It defies logic as to why you’d take federal dollars and, instead of using them for the purpose of relief and prevention, you’d use them as your local match for other federal dollars,” Emmett said.

Emmett said he was taken aback by Abbott’s letter to Turner.

“The tone of the governor’s letter is troublesome, and I don’t think it recognizes reality. All of us are merely seeking to speed up recovery and to take the burden off local taxpayers,” Emmett said. “Why that deserves a lecture I don’t know.”

In addition, Emmett and Turner said, the governor only selectively referenced the federal notice that authorizes the use of block grants as matching funds. The same filing also stresses the Department of Housing and Urban Development’s efforts to “promote policies that require state and local financial participation to ensure their shared commitment and responsibility for long-term recovery and future disaster risk reduction” and states “HUD expects grantees to financially contribute to their recovery through the use of reserve or ‘rainy day’ funds, borrowing authority, or retargeting of existing financial resources.”

“’Rainy day fund.’ That was an interesting choice of words that HUD used,” Emmett said.

1. As we know, the state’s “rainy day fund” is more properly known as the Economic Stabilization Fund, and it was originally intended as a way to stretch revenues during lean economic times, so that the budget didn’t have to be cut in drastic or harmful ways. That purpose more or less went out the window in 2011 when Rick Perry unilaterally declared that the fund could not be used to help with budge shortfalls because we needed to make sure it was sufficiently flush in the event that emergency funds were needed to recover from a natural disaster. You know, like Hurricane Harvey. As much as I decry the Perry decree about the rainy day fund and grind my teeth when I hear people on my side buy into that framing, I have to say that it does make for a very easy to grasp criticism of Greg Abbott. We have a rainy day fund, and it doesn’t get any rainier than Harvey, so why aren’t we using it?

2. Let’s grant for the sake of argument that Abbott is completely right in his criticism of Mayor Turner and all the other local officials who reached out to him for help. Which do you think makes for better politics, writing a bitchy, scolding letter that airs a bunch of grievances about how these local officials failed to follow bureaucratic processes correctly, or swooping in like a rich uncle and making a show of cutting red tape, providing cash, getting things done, and aiming your criticism at the feds for dragging their feet? I think you can guess which option I’d choose. Maybe that’s only something a guy like Abbott (or Perry) does when there’s a Democrat in the White House to serve as the bad guy, I don’t know.

3. Like Campos, I’d like to know more about what not only Judge Emmett thinks about all this, but also the Republican officeholders on the ballot here whose electoral fortunes will be at least somewhat connected to Abbott’s in Harris County. As you know, I already think Dems here are poised to do well this fall. If I’m right, then the main hope for survival may be to put a little distance between oneself and the less-helpful-than-he-could-be Republican Governor.

Zipcars and parking

Let’s sort this out.

A plan to allow more on-street parking spaces for cars Houstonians could rent by the hour hit a bump Wednesday, when city council members balked at moving beyond the pilot program they approved nearly two years ago.

Expansion of the city’s car-sharing program will wait at least another week, as staff address some of the concerns raised. As devised, the program would allow Houston to enter into agreements with car-sharing companies, firms that allow via smartphone app someone to check out a vehicle and then drive it wherever, which usually requires a membership that comes with a monthly or annual fee. The car could then be left at any designated location, including returning it to the original spot.

Skeptical council members struggled with the idea of reducing public parking or allowing a private company control over the spots.

“These parking spots belong to the city and to give them to private companies for their use, it just doesn’t seem to make sense to me,” At-Large Councilman Michael Kubosh said.

[…]

Though it is growing, the Houston area’s car sharing program lags other cities, such as Boston where hundreds of pickup locations dot the region, and Denver, which worked out city regulations allowing companies to purchase on-street parking spaces or buy a placard allowing cars to be parked at any public spot within a specified area.

The Houston area has about two dozen spots where cars can be accessed from a handful of companies, but only one of those firms — Zipcar — has an on-street location. The rest are located in private lots, such as Bush Intercontinental Airport and major universities in the area.

The companies have aggressively marketed to transit riders and others who would prefer not to own a vehicle in dense urban areas, while maintaining the ability to grab a car when they need it.

Zipcar leases four spots in Midtown, as part of pilot with the city that started in January 2017. Typically, the company keeps a variety of cars in the downtown area, including “Polar Bear,” a Nissan pickup and “Mayor Turner,” a Mazda 3 that on Thursday was parked in one of the on-street spots on Bagby and available for $9 per hour or $74 for the entire day.

According to a city presentation on the program, membership in car sharing programs has increased 3.9 percent since the on-street pilot began, with 16 percent of members giving up their automobiles.

While supporters say more is needed to convince increasing numbers of Houstonians to ditch their cars and choose transit, bicycles and shared cars to get around, skeptics question whether the benefits outweigh the costs in terms of lost parking spaces for vehicles that only a limited number of people can use.

Under the proposal, Houston could enter into master licenses with the various companies interested in on-street spaces, and designate which spaces could be used. As Zipcar does now, the companies would pay the city for use of the parking spaces on a monthly basis.

I must have missed the story about expansion in 2017, but there was a previous expansion in 2014. You can see their current locations here. I don’t really see a problem with leasing some parking spaces to Zipcar, as long as the city gets paid a fair price for it. I agree with Mayor Turner, one of the few ways we have available to us to combat traffic is to provide ways for people to get around without driving. Services like Zipcar allow people to get by in their daily life without needing a car all the time. We should take reasonable steps to enable that.

Judge sides with city in term limits lawsuit

The city wins for now, but we all know it’s not over yet.

Politicians at City Hall can continue serving four-year terms — at least for now — after a state district judge sided with the city of Houston Friday in a lawsuit seeking to void the November 2015 election in which voters lengthened elected officials’ terms from two to four years.

The plaintiffs, who plan to appeal, allege former mayor Annise Parker and the City Council misled voters in setting the ballot language for the proposition, which changed the city’s term limits to a maximum of two four-year terms, ending the system of three two-year terms that had been in place since 1991.

Local lawyer and Harris County Department of Education trustee Eric Dick sued, arguing the ballot language obscured the nature of the vote by asking whether voters wanted to “limit the length for all terms,” when, in fact, the change lengthened the maximum term of office from six to eight years. For council members first elected in 2013, the limit is 10 years — one two-year term followed by up to two four-year terms.

Judge Randy Clapp, a Wharton County jurist appointed to hear the case, granted summary judgment for the city on Friday, repeating phrasing he had used at a procedural hearing in the case two years ago, saying the city’s chosen language was “inartful” but not “invalid.”

See here, here, and here for some background. You know how I feel about Eric Dick and Andy Taylor and the bullshit they peddle – and remember, I say that as someone who voted against this referendum – so let’s just slide past that. I suppose I’m encouraged that the Supreme Court refused to intervene last year, but they will still have the last say and we know they don’t have any particular compunctions about overriding the will of Houston’s voters. I will also note that the original lawsuit was filed in November of 2015, a couple of weeks after the referendum was passed, and we just now have a ruling from the district court. We are still some unknowable number of years away from a final decision, and as with the Renew Houston case that final decision may just send the whole thing back to the lower court for a do-over. You see why I find the concept of a pay parity referendum for the firefighters to be so laughable? The lawsuit that will result from that, regardless of the verdict, may not be fully resolved until all of the firefighters who’d be affected by it are retired. The lawyers are warming up in the bullpen for it as we speak.

Turner’s 2019 budget

Here’s the plan for making ends meet for next fiscal year.

Mayor Sylvester Turner

Mayor Sylvester Turner’s proposed budget for the fiscal year that starts in July would close a shortfall of $114 million without employee layoffs by drawing down the city’s reserves, transferring money from special accounts to the general fund and cutting spending.

In a proposal unveiled Tuesday, Turner plans to spend $2.5 billion from the general fund, which is supported primarily by property and sales taxes and funds most core services, such as the police and fire departments, parks, libraries and trash pickup.

That is $83 million, or 3.5 percent, more than the current budget. The increase chiefly is driven by a $42 million increase in debt service, related mostly to the issuance last year of $1 billion in pension obligation bonds as part of the mayor’s pension reform package. Also driving the increase is $14 million in previously agreed to raises for police.

“This is a very, very tight budget,” Turner said. “I have scrubbed this budget, every line item that exists. I invite anyone to take a look underneath the hood. Because there are two departments that will always drive this budget: Police and fire.”

About 57 percent of the general fund, or $1.4 billion, goes to public safety – the police and fire departments, the municipal courts and emergency operations. Another $400 million goes to debt service. Parks, libraries, health services, trash pickup and most other city functions get the rest, about $672 million.

[…]

Turner acknowledged two key developments helped prevent layoffs in the proposed budget, providing most of the $84 million the mayor intends to pull from the city’s reserves to spend in the upcoming budget.

First, the city settled a lawsuit it had filed against Towers Watson, an actuarial firm it blamed for contributing to the city’s pension crisis, saying city officials’ reliance on the firm’s advice led them to boost benefits in 2001 and saddle taxpayers with unaffordable pensions costs. That settlement, which was approved by city council last month, injected $29 million into the general fund.

The city also, as it routinely does, conservatively estimated the sales tax revenues it would receive in the current budget year. As a result, the city collected an “extra” $28 million that will be available for the upcoming budget year.

Yeah, that pension projection lawsuit settlement sure came in handy. I don’t know what rabbits there will be to pull out of next year’s hat, however. We’ll see what Council makes of this when it comes to them for a vote.

MS Houston

Meet our new technical overlords.

Mayor Sylvester Turner

Microsoft will provide STEM education at schools, teach computer literacy skills to adults and transform Houston into a “Smart City” as part of a new partnership announced Friday.

“These sort of efforts become infectious and contagious,” said Mayor Sylvester Turner. “Because of their presence, and the strength of their presence … I would venture to say that others will be motivated to do the same.”

Microsoft’s educational efforts will help boost the existing workforce while fostering the next generation of technology innovators. The Smart Cities element will look at improving city functions by adding sensors, collecting data and finding more efficient solutions.

Sensors, for instance, could be used to track buses and find more optimal routes that would have less congestion while being convenient for more people. It could also be used to determine if a bus is being driven too aggressively and consuming more gasoline than it otherwise would, said Cameron Carr, director of Internet of Things and Solutions for Microsoft.

After events like Hurricane Harvey, drones could be used to find people needing assistance or to determine areas that are flooded and impassible.

“We are right on the edge of creating this bold new world,” Carr said.

The Microsoft announcement is the latest in a string of technology developments as Houston seeks to become a hub for high-tech startups and venture capital.

Here’s the Mayor’s press release, which contains a few more details. It’s a little hard to say what this means right now – more specifically, it’s a little hard to say how long it will take for much of this to get rolled out – but I’m sure we’ll be seeing announcements soon. Putting my professional hat on for a moment, I hope this agreement includes security monitoring and incident response for all these IoT devices. Dwight Silverman has more.

Firefighters have their signatures

On to the next act in this drama.

A petition Houston firefighters submitted last summer seeking pay parity with police contains enough valid signatures to trigger a referendum election, City Secretary Anna Russell reported to Mayor Sylvester Turner and the city council Thursday.

Russell finished verifying the signatures a day ahead of a deadline given to the city by a state district judge last month. The judge originally set a deadline of April 27 after the Houston Professional Fire Fighters Association sued the city last December, complaining Russell’s office had not validated its referendum petition in time for either the November 2017 or May 2018 ballots. Judge Dan Hinde agreed to give Russell another week after city lawyers said additional staff and overtime had been approved to finish the count.

Russell’s memo to the mayor and council said her office checked 26,708 signatures against Harris County’s list of qualified voters; 20,228 were verified. State law requires 20,000 qualified signatures on a petition to get a referedum on the ballot.

It is unclear when the item will appear before voters. City attorneys argued in court that the Turner administration does not intend to schedule a vote before the next regular municipal election cycle in November 2019, but the mayor, when asked about the petition count Wednesday, said the city council would have to discuss the matter.

[…]

Turner said Wednesday he presumed the petition contained enough names to trigger a vote, but suggested the proposal’s lack of clarity could undermine its validity, noting, for instance, that hundreds more firefighters than police officers carry the rank of “captain.”

“I don’t know what parity means,” Turner said. “Does it mean you scale everything down? If the voters vote on something, the voters need to know what they’re voting (on).”

See here and here for the background. You know how I feel about this, so you know I agree with the Mayor’s assessment of what this means. As to when the election should be held, I suppose there’s an argument for 2019 instead of this November. I’m sure we’ll get to hear that argument from the city when the firefighters file a motion to force the election this year. Council does need to approve putting the item on the ballot, along with the language of it, whether this year or next. We’ll see how that goes.

The revenue cap and the police

It’s something. Not what I want, but something.

Mayor Sylvester Turner

Mayor Sylvester Turner used his third State of the City speech to call — again — for the city to be able to collect more revenue than allowed by the property tax cap voters imposed 14 years ago, this time floating the idea of collecting extra dollars specifically for public safety.

Turner had taken a similar line during the 2015 campaign, then moved to advocating for a full repeal of the cap during much of his first two years in office. He backed away from placing such a request on last November’s ballot, however, fearing it would imperil the $1 billion bond referendum that was needed to secure the landmark pension reform package he shepherded through the Legislature last year.

The mayor on Tuesday instead highlighted the need to increase staffing in the Houston Police Department, and he suggested the idea of following former Mayor Bill White’s playbook from 2006, when White got voters’ permission to let the city collect $90 million more than the cap otherwise would have allowed for spending on public safety.

It took Houston eight years to exhaust that breathing room and run into the cap for the first time. Amid rising property values, the City Council has been forced to cut the property tax rate every fall since to avoid collecting more revenue than the cap allows. Council cut the tax rate to 58.42 cents per $100 of assessed value last September, the lowest rate since 1988.

The revenue cap limits the annual growth in city property tax revenue to 4.5 percent or the combined rates of inflation and population growth, whichever is lower.

Turner did not commit to White’s approach, to a dollar amount, or to placing an item before voters this November, saying he intends to force a conversation on the need to invest in more officers and in ancillary areas such as cybersecurity protections, adding “the current model is not sustainable.”

“I’m just simply sounding the alarm. We cannot continue to cut and cut and cut and add 500 to 600 more police to our force,” Turner said after his speech to a luncheon hosted by the Greater Houston Partnership. “I did not want to throw out a number because people then tag onto that number and we don’t have a robust conversation on the need and then how we should meet that need.”

Tweets from his official Twitter account, however, were more definitive about taking the matter to voters: “I will move to put an item on the ballot on (sic) this November to make sure Houston continues to be resilient and strong when it comes to protecting innocent people.” said one. Another said, “Our city sorely needs revenue to increase staffing & resources for first responders at Police & Fire Dpartments. But we’re constrained by the #revenuecap. That’s why it’s time to ask voters to lift the cap solely for strengthening public safety & city services.”

[…]

What makes Turner’s Tuesday comments different, said Rice University political scientist Mark Jones, is that he is focusing solely on public safety.

“There does not exist a strong public appetite for lifting the revenue cap unconditionally,” Jones said. “The only way to really sell it is via public safety. That’s probably the only winning method.”

Turner seemed to acknowledged as much Tuesday, saying in part, “It’s quite clear, it seems to me, people want to maintain the revenue cap. OK, fine. What I’m simply saying is, we need to find a way to generate some additional dollars on top of that revenue cap.”

It’s depressing to me that people have come to believe the BS about this stupid policy, which was imposed on Houston and basically noplace else by the usual gang of governmental nihilists, but propaganda does work. I’d love to see an all-out assault on the revenue cap, marshaling all the arguments about how it undercuts the city’s ability to prosper from economic growth and how it forces budget priorities on us whether we want them or not, but I recognize that this would be a tough fight against a wealthy and motivated opponent, which we could lose. It’s a fight we can engage another day, perhaps when the climate has changed enough. In the meantime, we all know that budgets can be flexible, and money is often fungible. Even earmarking extra revenue in this fashion makes the budget more manageable. If it’s the best we can do, then let’s do it.

Reinventing Jones Plaza

Big changes coming to downtown.

Jones Plaza, the often-empty, 1.5-acre public space at the heart of Houston’s Theater District, may finally become a true people magnet courtesy of the second face-lift in its 51-year history.

This time, Houston First Corporation, which operates the plaza for the city, hopes to create an event and dining area that reflects the artful vitality of the plaza’s prime location — a place that will be welcoming day and night for area employees as well as theater patrons and downtown residents.

[…]

Officials said the redevelopment will cost about $25 million, most of which will be raised privately. The Downtown Redevelopment Authority has contributed $5 million. Houston Astros owner Jim Crane and his wife Whitney, along with the Astros Foundation, have contributed $1 million and will spearhead a capital campaign to raise the remaining funds.

With construction slated to begin next month, the project could be complete by late 2020.

Mayor Sylvester Turner called the plaza project a “game-changer” for downtown.

A major initiative of the Theater District Master Plan adopted in 2015, this redevelopment may finally solve a conundrum that has dogged the plaza from since it opened in 1967, in spite of its location next to the Alley Theatre and Jones Hall. Jones Plaza has long been like a forgotten ornament in the city’s jewel box because it was built above the district’s parking garage. Its stepped plaza design, necessary to accommodate the structure below, made access difficult for some. And it’s always been a hard place to beautify with shade trees and plants, since there’s not much soil to work with.

The site was best utilized from the late 1980s through the 1990s as the venue for Thursday night Party on the Plaza concerts that were not a particularly good fit for the surrounding fine arts venues. The Party on the Plaza brand has since been revived and relocated to Avenida Houston in front of the George R. Brown Convention Center.

I have some fond memories of those old Party on the Plaza events. Sure would be nice to find a purpose for Jones Plaza again. I look forward to seeing how this turns out.

HISD nixes charter partnership

First there was this.

Houston ISD board members adjourned late Tuesday without voting on a controversial measure to give up control over 10 low-performing schools after the meeting turned physical and police escorted members of the public — nearly all of whom opposed the plan — out of the room.

Chanting “no more sellouts” and shouting at trustees, most of the roughly 100 community members in attendance watched angrily as officers began physically pulling disruptive residents out of the room. The skirmish came after HISD Board of Trustees President Rhonda Skillern-Jones declared a recess in the middle of the meeting and ordered the room cleared due to repeated public outbursts.

If trustees choose to meet again, they likely will not return until Saturday at the earliest. Trustees typically provide at least 72 hours advance notice of any public board meeting. The vote had been expected to be narrow, with several trustees already voicing support or opposition for the proposal.

The uproar reflects the heated nature of HISD’s proposal to allow Energized For STEM Academy Inc., which already runs four in-district charter schools, to take over operations of the 10 campuses for five years. Without the agreement, HISD would likely face forced campus closures or a state takeover of the district’s locally elected school board due to its failure to improve academics at the schools.

HISD Interim Police Chief Paul Cordova said one person was arrested on a misdemeanor criminal trespass charge, one person was arrested on a charge of interfering with duties of a public servant and one person was detained but not arrested.

[…]

In the district’s first public statement since Energized For STEM Academy was named Friday as the potential partner, Interim Superintendent Grenita Lathan said the organization “will help our students to reach the level of achievement that we know is possible.”

“Data shows Energized for STEM Academy has successfully led students to high levels of academic achievement as well as prepared them for college and careers since first partnering with HISD 10 years ago,” Lathan said in a statement. She has not granted any interview requests in recent days.

The choice, however, faced immediate resistance. Multiple trustees said they lacked enough information to properly evaluate Energized For STEM Academy’s academic and governance history.

Several education advocates and leaders, including the Houston Federation of Teachers, also raised several questions about Energized For STEM Academy’s ethics. They’ve particularly focused on Energized For STEM Academy’s head of schools, Lois Bullock, who serves as both employee and landlord at another in-district HISD charter organization. It’s not immediately clear whether Bullock has improperly profited off the highly unusual arrangement.

All speakers at Tuesday’s school board meeting opposed the district’s plan. Many advocated for suing the state over the 2015 law that imposed sanctions. Several questioned whether Energized For STEM Academy is dedicated to special education students, noting that the organization has a disproportionately low special education population at its current schools. A few students implored trustees to maintain current operations at their schools.

See here for the background. I was going to tell you to go read Stace and Campos before getting into my own thoughts, but then this happened.

Houston ISD leaders will not turn over control of its 10 longest-struggling schools to any outside organizations, the district’s administration announced Wednesday, a decision that puts HISD at risk of forced campus closures or a state takeover of its locally elected school board.

[…]

In a statement Wednesday, HISD Interim Superintendent Grenita Lathan said the district is “not bringing another partnership proposal to the board, nor will there be another meeting to consider partnerships for the 10 schools.” She said the district will continue to carry out its current plans for improving academic performance at the campuses.

Under a law passed in 2015, known as HB 1842, the Texas Education Agency must close schools or replace HISD’s school board if any of the district’s schools receive a fifth straight “improvement required” rating for poor academic performance this year. The 10 schools all risk triggering the law, and it’s unlikely all 10 will meet state academic standards this year.

With partnerships off the table, attention now will turn to Texas Education Agency Commissioner Mike Morath, who has yet to announce whether any schools or districts will receive accountability rating waivers due to Hurricane Harvey. Agency officials have not said whether HISD still would be subject to sanctions if the 10 schools receive waivers that assure they are not rated “improvement required” this year.

“Any and all decisions by Commissioner Morath regarding accountability exemptions or waivers for campuses affected by Hurricane Harvey will be announced in June,” TEA spokeswoman DeEtta Culbertson said in a statement.

[…]

In interviews prior to Tuesday’s scheduled vote, trustees Holly Maria Flynn Vilaseca, Sue Deigaard and Anne Sung said they were uncomfortable with the amount of information and time they had to vet Energized For STEM Academy. Two other board members, [Sergio] Lira and Jolanda Jones, said Wednesday that they would vote against charter partnership agreements. Trustee Elizabeth Santos had earlier said she opposed giving control of schools to charter organizations.

Many of the most vocal community members involved in the partnership debate have advocated litigation over HB 1842. To date, only one HISD trustee, Jones, has voiced support for a lawsuit. Board members have received legal advice surrounding potential litigation, though they’ve been reluctant to divulge details of those conversations because they took place in closed session.

“Suing TEA is more of a longshot at being successful,” Lira said. “From a historical precedent, there have been very few successful cases when the district files against TEA.”

The announcement that HISD would not pursue partnerships came about two hours after Houston Mayor Sylvester Turner said he supports “HISD simply standing down.” Turner, who hinted at getting involved in partnership plans but ultimately opted against it, said he plans to contact Morath to ask for a one-year waiver.

I’m going to say the same thing I would have said if the Energized for STEM proposal had passed: I sure hope this works. It’s certainly possible that Energized for STEM could have been a successful partner, but it’s equally certain that there was precious little time to consider the idea, and not much community input. The community spoke loudly that they didn’t want that arrangement, and now they have gotten what they wanted. They had ample reason to not like that option, and to not give the HISD leadership the benefit of the doubt. Now we all need to send that same message to the Legislature, because that’s where this mess got started. The Press has more.

Ellis puts up money for city’s bike projects

I like this plan.

Commissioner Rodney Ellis

Harris County Precinct 1 Commissioner Rodney Ellis on Monday announced a one-year $10 million commitment to bicycling projects in Houston, in the hopes of jump-starting the city’s transformation into a bike-friendly place.

“Working together, we can better leverage scarce resources from governmental entities and the private sector and share our collective expertise to serve the people in this region,” Ellis said.

A year after Houston leaders approved an ambitious plan for hundreds of miles of protected, safe bike trails, little progress has been made, something cycling supporters said Ellis’ pledge will change. Officials estimated the money would build at least 50 miles of protected bike lanes considered crucial to providing usable bike access to neighborhoods and jobs.

“​This really gives us a boost we needed,” Houston Planning Director Patrick Walsh said.

The money, along with city funds from its capital improvement plan, will go toward repainting bike lanes, developing safer intersections and other improvements aimed at making riding a bike in Houston easier and safer.

[…]

Projects will be chosen for their ability to start soon. Ellis stressed officials have one year to spend the money he committed, and any unspent funds will return to other priorities in his precinct.

[Mayor Sylvester] Turner said the funding, along with $1.1 million the city plans to spend in each of the next five years, will act as seed money for upcoming projects, including planned bike lanes along Austin and Caroline and new space for cyclists along Hardy and Elysian on the city’s Near Northside.

See here for some background. This is about putting up some money for projects that are already in the pipeline but have been delayed for a variety of reasons. Commissioner Ellis is an avid cyclist himself, so it’s not a surprise to see him make this a priority. Much of his precinct intersects with the city, and as you know I’m delighted to see some county investment in the not-unincorporated territories. I hope the city takes full advantage of this.

No Houston-HISD partnership

Probably just as well.

Mayor Sylvester Turner

Mayor Sylvester Turner has ruled out any partnership with Houston ISD to turn around 10 chronically under-performing schools, saying Wednesday he will not be part of the school district’s forthcoming proposal aimed at avoiding a state takeover.

HISD administrators have recommended temporarily giving up power over governance, hiring and other operations at the 10 campuses to an outside organization in an attempt to stave off school closures or replacement of the district’s school board. The district’s proposal is due to the Texas Education Agency by April 30. Administrators have not named any potential partners that would take control, and trustees are not expected to vote on proposals until next week.

Turner said last month that he had been asked to get “very, very, very involved” in the district’s efforts, and he did not rule out the possibility of some kind of partnership with HISD. On Wednesday, he said after the City Council meeting that neither he nor the city would be partnering with HISD.

“I will not be in that proposal,” the mayor said of the plan due this month. “Depending on whether or not schools remain in IR status after this academic year will in large part determine what will be the extent of my role.”

[…]

HISD administrators have released little information about their recommendations for the 10 schools as the April 30 deadline nears. Interim Superintendent Grenita Lathan verbally has recommended forming three-year partnerships, though terms of any potential contracts have not been released. HISD did not respond to requests for comment Wednesday on its partnership plans.

Turner said he has been speaking weekly with Education Commissioner Mike Morath, whose agency is expected to approve or reject partnership contracts by early June.

See here for the background. We don’t really know much about HISD’s intentions here, which is a bit alarming considering the deadline they’re facing. Surely there was room for more public engagement on this. Be that as it may, I do hope they get this right.

Council approves new floodplain regulations

We’ve been waiting for this.

Mayor Sylvester Turner

Starting this fall, all new homes built in Houston’s floodplains must be elevated higher off the ground after a contentious debate and narrow vote by City Council on Wednesday to adopt the Bayou City’s first major regulatory response to the widespread flooding Hurricane Harvey unleashed last August.

The vote marks a shift away from Houston’s longtime aversion to constraining development, and means all new construction in the city’s floodplains will have to be built two feet above the projected water level in a 500-year storm.

The unusually tight 9-7 vote, which fell largely along party lines, came at the end of more than three hours of sometimes combative debate.

“This is a defining moment,” Mayor Sylvester Turner said in his final pitch to the council. “Can we undo what was done with Harvey? No. But can we build looking forward? Yes. Does it mean it may cost more financially? Yes. But if it has the probability of saving lives, and if it has the probability of letting people know in our city and those who are looking to come to our city that we are taking measures to be stronger, to be more resilient, then that’s positive for the city of Houston.”

Democratic council members Karla Cisneros, David Robinson, Dwight Boykins, Ellen Cohen, Jerry Davis, Robert Gallegos and Amanda Edwards — along with Republican Dave Martin — joined Turner in backing the changes. Republicans Mike Knox, Jack Christie, Brenda Stardig, Michael Kubosh, Steve Le and Greg Travis, and Democrat Mike Laster opposed the regulations.

The new rules take effect Sept. 1 and apply to all new buildings within the 500-year floodplain, which is deemed to have a 0.2 percent chance of being inundated in any given year. Additions larger than a third of the home’s original footprint also will need to be elevated.

Current regulations mandate that buildings be constructed one foot above the flood level in a less severe 100-year storm and apply only within the 100-year floodplain, where properties are considered to have a 1 percent chance of being inundated in a given year. Wednesday’s vote marks the first time Houston is imposing minimum elevation requirements within the 500-year floodplain.

The new rules are similar to, but more stringent than those Harris County put into effect Jan. 1. There, new homes built in neighborhoods developed before 2009 must be built one foot above either the ground or the crown of the adjacent street, whichever is higher. The county’s regulations change little for homes to be built in subdivisions developed more recently.

See here and here for more on the county’s new floodplain regulations, here for a bit of background on the proposal that was passed, and here for an earlier Chron story that gets into some of the No-voting members’ resistance. No regulation is ever perfect, and I’m sure there’s debate to be had about what approach would have been best, but it sure seems a bit odd to me that at this point in Houston’s history that this kind of regulation wouldn’t be more broadly supported by Council. For those members who will be on the ballot next year – Knox, Kubosh, Le, and Travis – I’ll be very interested to see how this vote is received on the campaign trail.

What role might the city have in HISD?

The possibility that the city could have any role at all with HISD is itself interesting.

Mayor Sylvester Turner

Houston Mayor Sylvester Turner said he has been asked to get “very, very, very involved” in Houston ISD as it faces potentially severe state sanctions, but he stopped short Wednesday of suggesting the city could take control of the district’s chronically under-performing campuses.

Asked whether the city could become a “partner” with the district, giving the city significant authority over operations at campuses, Turner said Wednesday: “Let’s just say I’ve been asked to be very, very involved by multiple individuals, and then I am deciding to what degree and to how far I am going to get involved in the day-to-day operation of any of the schools.”

In recent weeks, HISD administrators have proposed surrendering significant control over 10 underachieving campuses to “partners” as part of the district’s plan for avoiding state sanctions.

Under a law known as HB 1842, which was passed in 2015, the Texas Education Agency must replace HISD’s locally elected school board or close campuses if any one of the district’s 10 longest-failing schools fails to meet state academic standards this year.

Under a separate law known as SB 1882, which was passed in 2017, the district can stave off those potential sanctions for two years if it partners with a nonprofit, higher education institution, charter school network or government entity.

When HISD administrators initially recommended partnerships in early February, the district did not include governmental entities as a potential partner. However, in recent days, HISD leaders have added that option in public presentations about SB 1882, leading to speculation that the city of Houston could take control of HISD campuses.

There’s some precedent for this. Peter Brown advocated for an “urban school district” as part of his 2009 Mayoral campaign. Mayor Turner hired former HISD Trustee Juliet Stipeche as his Director of Education, a role he created. It’s not clear what role the city might play in HISD, if it even comes to that. Given the choices from SB1882, I’d go with a college or nonprofit first as a partner, and would prefer the city only if the other choices are a charter school or the state. There’s still a lot of uncertainty about what comes next, but I do appreciate the city being willing to step in, even if I’d rather it not be needed.

Scenes from the March For Our Lives

From Houston:

Nearly 15,000 descended Saturday morning on downtown Houston for the city’s March For Our Lives, advocating for greater gun control in light of last month’s Florida school shooting.

A mix of children and adults gathered in Houston’s Tranquility Park for the student-led march, many carrying signs that illustrated their fear of violence and demand for legislative action.

“I didn’t know what to expect here today, but I just expect change in the government,” said Austin Luchak, a ninth-grader at The Woodlands College Park High School who attended the march with his father. “I hope they follow through.”

Hundreds of marches are taking place across the country, largely driven by students who are organizing the events. The rally in Washington included Texans like Kay Hopper, a retiree from Austin who showed up with her daughter, son-in-law and grandchild. “I’m hoping that what starts here will change the world in Texas,” Hopper said.

[…]

In Houston, organizers expected 10,000 to 20,000 attendees to gather in Tranquility Park and march toward U.S. Sen. Ted Cruz’s office.

“Today, I hope our voices are heard, because we are the ones that go to school,” said Azariah Haro, a junior from Langham Creek High School in Cy-Fair ISD, who traveled to Saturday’s event with three friends. “I really hope we’re able to make a change.”

As protesters milled about shortly before the 9 a.m. start, volunteers worked to register young voters inspired into political action. Many brought signs voicing opposition to the National Rifle Association, while others implored replacing legislators who have been more supportive of expanded gun rights.

Emphasis mine. I’ll get back to that in a minute. Mayor Turner spoke at the rally, and he announced the creation of the Mayor’s Commission to End Gun Violence. Details will be forthcoming. In the meantime, there were rallies around the state as well.

In more than 800 planned “March for Our Lives” events across the country – including in Austin, Houston and Dallas – students and families protested against gun violence and called on lawmakers to take decisive action.

Thousands clogged Austin’s Congress Ave and gathered outside the pink-domed Capitol building, chanting and applauding as speakers – including Mayor Steve Adler, actor Matthew McConaughey and the local high school students organizers of the event – took their turns rallying the crowd.

“We cannot allow one more child to be shot at school. We cannot allow one more teacher to make the choice to jump in front of an assault rifle,” said state Sen. Kirk Watson, D-Austin. “Not one more.” The crowd broke into chants of “Not one more!” as he spoke.

Many of the speakers at the Austin event pointedly described state lawmakers’ dithering on gun-control laws, and called for reforms – like a ban on assault-style weapons and bolstering the background-check process.

“Now there is not one solution that will prevent mass shootings,” Adler, the mayor, said at one point, “but there are common sense solutions most people can agree upon.” He suggested people on airlines’ “no-fly” lists should be banned from purchasing guns, and said, “if you can’t buy a gun in a gun store, you shouldn’t be able to buy a gun at a gun show.”

Watson dismissed a push to arm school staff and educators with weapons by saying teachers in the state are already-overburdened. “Adding sharpshooter to their list of obligations is ridiculous,” he said.

There were many more marches around the country and around the world as well. These are great to see, but what comes next is of greater importance. There is – correctly – a lot of focus on Congress, as there is a lot that can and should be done at the federal level to reform gun laws. Part of the reason for that is because Democrats have a decent chance of retaking the House, and even if they can’t get the Senate this year, it along with the Presidency are very doable in 2020.

It’s a much bigger challenge at the state level – the Lege isn’t flipping, and statewide offices are very much longshots. But we can make gains, and we can state our goals for state government, which if nothing else can serve as both vision and rallying cry. Right now, though, I don’t know what those goals are – I’m not even sure I could say what they should be. We’re pretty clear on things like education, health care, equality, the environment, and criminal justice, but gun issues have not been in the foreground except for when we have had to play defense. Someone asked me recently if I could point them to a legislative scorecard for gun control, and the only one either of us could find was from the NRA. There are local chapters here of national groups like Everytown for Gun Safety and Moms Demand Action, but again that focus has been on the national scene. We know that if we want to change things in Texas we need to win more elections, but we need the candidates we are electing to have gun safety as one of their mandates. What is it we hope to accomplish on this issue in the Legislature in 2019? That needs to be our starting point.

Houston’s flood mitigation priorities

The sooner the better with this.

Stephen Costello

Converting a defunct golf course and dormant landfills into detention basins, digging new channels and buying out or elevating scores of homes are among Houston leaders’ key priorities as Hurricane Harvey recovery funds begin flowing to the Texas Gulf coast.

Houston flood czar Steve Costello on Wednesday presented to city council a list of 13 projects Houston plans to submit to state officials in competition for the first $500 million of an expected $1 billion in FEMA mitigation aid released after Harvey.

The projects would cover a handful of watersheds and would cost a combined $723 million, according to preliminary estimates.

“There’s a lot of variables here. We, first of all, need to see if the state is willing to support them,” Costello said. “These projects all collectively are about $700 million and there’s only $1 billion for the entire state, so some of these projects won’t make the list.”

Costello said he expects to submit initial paperwork to the state on the first group of projects within days. As state officials agree the submitted items are worthwhile, he said, the city will return to drafting the more detailed grant applications — including cost-benefit analyses required by FEMA — that are due in June.

[…]

Costello said he selected projects based on their potential impact, the opportunity for the city to partner with other governments to complete them, and the extent to which the projects were ready to be built quickly. Many of the ideas, he added, existed before Harvey but have gotten renewed focus since the storm.

Click over to see the list. The priorities make sense, as does the idea of partnering with other entities where possible. Not everything will get funded, but you have to assume we’ll get a lot of what we’re asking for. And what we don’t get, the state will need to step up and fill in. We can’t afford not to take this very seriously.

Firefighters sue to get their pay parity petitions certified

I’m just going to put this here.

Houston firefighters on Monday asked a judge to force the city secretary to validate signatures on an equal pay referendum petition that has been backlogged in City Hall for eight months.

The referendum would require firefighters to receive the same pay as police officers of corresponding rank. It was first submitted to the city in July but wasn’t validated before the November election. In December, leaders of the Houston Professional Fire Fighters Association sued, asking a judge to give City Secretary Anna Russell 30 days to count and validate the petition signatures.

State District Judge Dan Hinde did not issue an immediate ruling after a three-hour trial Monday.

City attorneys argued the firefighters’ claim lacks the urgency needed to secure a court order.

State law forced Russell last year to count a petition related to alcoholic beverages in the Heights within 30 days, after which she returned to tallying a pension-related petition to amend the city charter that her office received in April, said Assistant City Attorney Brian Amis.

The firefighters’ petition, which also would amend the charter, was submitted in July. State law sets no deadline by which charter petitions must be validated.

When neither petition was verified in time for the November 2017 ballot, Amis said, that removed any urgency behind the count, as the next municipal election will not be held until November 2019.

See here, here, and here for some background. There’s a long section in the story that goes into City Secretary Anna Russell’s process for certifying petitions and how she doesn’t take direction from the Mayor or accept help from the petitioners, both of which I think are good things. I’ll say that it feels a little ridiculous to me that this hasn’t been completed by now – I mean, if it had taken this long to count the anti-HERO petitions, that one may never have gotten on the ballot. On the other hand, maybe this isn’t the sort of thing that should be decided by an oddball sure-to-be-under-ten-percent-turnout election in May. And on the other other hand, I’m hard pressed to imagine any ballot language that won’t be seriously challenged in court regardless of the outcome, which given past history makes one wonder if it wouldn’t be more expeditious to litigate first and vote later. All I know for sure is that as with the District K special election, if we don’t have this ready for the ballot by March 26 – that is, two weeks from today – it ain’t happening in May. Good luck sorting this all out.

Special election set for District K

Mark your calendars.

CM Larry Green

Voters in southwest Houston will select a replacement for the late City Councilman Larry Green in a May 5 special election, Mayor Sylvester Turner said Wednesday.

Green, who was found dead at his home Tuesday morning, remains the only councilman ever to lead District K, which was created after the 2010 Census prompted the council to expand from nine to 11 districts, plus five at-large seats.

No cause has been announced in the 52-year-old’s death, but police do not suspect foul play.

Turner said state law dictates that City Council call a special election by March 20 and that candidates file for the office by March 26. The district stretches from the NRG Park area to Fort Bend Houston and Westbury.

See here for the background. I’m sorry to post about this business so soon after CM Green’s tragic death. I’ve been reading one remembrance of CM Green after another from mutual friends. Lots of people knew him, and everyone who knew him liked him. We’re going to feel this loss for awhile.

Nonetheless, here we are. I was confused by the wording in the Chron article, which led me to think there would be some process other than a special election to fill this vacancy. I should have known better. The special election will be in May, and yes it will be a different day than the primary runoff. This is all per state law, as I have learned on some Facebook discussions. Having two different elections in May will be confusing, but I don’t think it’s any more confusing than trying to have this at the same time as the primary runoffs would have been. I suspect if we did it that way some number of people would not vote on the belief that they couldn’t since they hadn’t voted in the primary. It will be up to the candidates to explain to the voters what they’re running for and when their election is. I figure we’ll begin to see people express their interest in this seat next week. Oh, and while the winner in this election will have to run again in 2019, he or she will still get to run for a second full term in 2023 if they win. We’ll keep an eye on this.

Feds sue city over HFD sex discrimination claims

Yikes.

The Justice Department has sued the city of Houston over sex discrimination claims launched by two female firefighters who say their male coworkers tormented them by urinating on the women’s bathroom walls and sinks and scrawling vulgar slurs on their belongings.

Male firefighters allegedly turned off the cold water in showers to scald their female coworkers and disconnected speakers to prevent women from responding to calls in a string of bad behavior that eventually escalated to death threats, according to the lawsuit.

“Far too often, women are targeted and harassed in the workplace because of their sex,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “Employees have the right to work in an environment that is free from sex discrimination and retaliation.”

The conduct continued over time despite at least nine complaints to management, which failed to remedy the situation and allegedly created a hostile work environment for firefighters Jane Draycott and Paula Keyes.

The city did not comment on the suit, while the firefighters’ union pushed to see more evidence released in the case and decried long-standing criticism of the department.

“Dozens of firefighters cooperated in the various investigations of this incident, but unfounded criticism of Houston firefighters has continued for years,” Houston Professional Fire Fighters Association President Marty Lancton said.

[…]

Representatives from the firefighters’ union said the lawsuit underscored the need for city officials to make public the findings of an investigation involving 40 firefighters that were polygraphed and who gave sworn statements or handwriting samples during the investigation.

“From the beginning of this controversy, Houston firefighters have wanted the perpetrator(s) of the incidents at Station 54 found and punished appropriately,” Lancton said, in an emailed statement.

The union leader emphasized that the firefighters exonerated in the course of the investigation deserved to be recognized as such.

“Former Mayor Annise Parker rightly said in 2010 that Houston firefighters were ‘unjustly under a cloud.’ Eight years later, the cloud remains,” he said.

“The time has come for authorities to release all of the evidence in this case. Without a proper conclusion, the unjust ‘cloud’ will undermine a basic tenet of our justice system – innocent until proven guilty.”

The city has since announced that it will defend itself and that it “does not tolerate any form of discrimination or harassment”; you can see the city’s statement here. I thought I’d written more about this in the past, but this is the only post that I can find.

The behaviors alleged are terrible and disgusting. I can’t imagine what it was like to be Jane Draycott or Paula Keyes. The fact that a city investigation failed to find the perpetrators – the story also referenced an unsuccessful FBI investigation – is greatly disheartening, and I think the key to this. Because while it may be the case that “dozens of firefighters cooperated” in those investigations, the one thing that I know to be true is that it is firefighters who did these vile acts, and firefighters who know who did them. And neither the guilty parties nor their buddies, who surely know who they are and what they did, came forward to admit any of it.

So while there is a cloud over the department, it is for that reason that I disagree that it is “unjust”. I guarantee you, there are plenty of firefighters who know who did what and when. Maybe that information exists in the city OIG report, but it doesn’t really matter. Nothing is stopping the firefighters who know the truth from coming forward on their own and telling it. And please, don’t tell me that it would be hard or that they would put themselves at risk or anything like that. It was hard for Jane Draycott and Paula Keyes. Jane Draycott and Paula Keyes put themselves at significant risk, and they very much felt the consequences for that. The firefighters who know the truth can damn well deal with it.

So sure, the city should release its report. Maybe it will tell us things we don’t already know. But some people could tell us even more than that. It’s time they started. The #MeToo movement is ultimately about work, and the women who have been denied the opportunity to do the work they want to do, not just by the lowlifes who harass them but by those who stood by and stayed silent as it was happening. Now, at long last, is HFD’s chance to do something about that. Courthouse News, which has a copy of the lawsuit, has more.

The latest report on city finances

A little light reading for you.

Mayor Sylvester Turner

Even after Mayor Sylvester Turner’s landmark pension reforms, the city of Houston is on pace to spend $1 billion more than it will take in over the coming decade, and must cut spending and raise revenue bring its annual budget into balance, according to an exhaustive new report.

Failing to do so, the authors state, risks letting the city inch toward insolvency with all the symptoms that accompany such a fiscal crisis: Worker layoffs, an erosion in police staffing, fewer library hours, decaying parks facilities, a hollowing out of the city as the suburbs boom.

The analysts from Philadelphia-based consulting firm PFM did not shy away from controversial recommendations, including some that would dramatically restructure city government.

Among dozens of other reforms, the authors suggest Houston should:

  • break up its mammoth Houston Public Works department and consolidate its finance, procurement, human resources, and information technology staff;
  • cut the $9.5 million annual subsidy to the Houston Zoo roughly in half;
  • shrink the Houston Fire Department by up to 845 positions through attrition and lengthen firefighters’ work weeks; reduce the number of fire stations; hire civilians to do fire inspections and take 911 calls; and raise ambulance fees;
  • hire civilians for the Houston Police Department to enable cops now doing administrative tasks to get back on patrol; free up officers’ time by arresting fewer low-level offenders and writing more tickets; use civilians to conduct crash investigations and issue non-moving traffic tickets; consolidate with Metro’s police staff, and, perhaps, local school districts’ too;
  • cut health benefits for active and retired city workers; and
  • submit trash pickup, building maintenance and street repairs to “managed competition,” giving all or part of each task to city departments or to private companies, whichever submits the most efficient proposal.
  • City Council hired PFM for $565,000 in 2016, Turner’s first year in office, to craft a 10-year financial plan. Turner made clear in comments last week, however, that he views some of the recommendations as impractical.

“When you talk about structural changes, just because it’s identified doesn’t mean it’s easily done. It’s not about taking a report and just implementing it,” he said. “There are some things that, from my vantage point, yes, we will accept. There are some things that are going to require additional study. There are some things that will be more long term. And then there are some things that we’ll never get there.”

The report is here; it’s quite long, but the executive summary is only 16 pages, so read that if you want a feel for it. At first glance, a lot of it sounds reasonable and even doable. I appreciate the fact that they recognize that revenue is part of the equation and that removing the stupid revenue cap would go a long way towards alleviating the problem. Some actions could be done by Mayoral fiat, some by Council action, and some will require negotiations with third parties and/or legislative approval. It’s always possible that a report like this becomes little more than a doorstop, but I think we’ll see at least some of it happen.

So where are we on Harvey response?

Stuff is happening.

Local and state leaders are moving toward a major, lengthy and costly overhaul of the region’s flood defenses that includes regulating developmentmassive buyouts of flood-prone properties and flood-prevention projects that have been discussed for decades but never built.

Few of the initiatives will be complete before hurricane season starts in June, but nearly six months after Hurricane Harvey ripped through the Texas Gulf Coast and devastated the nation’s fourth-largest city, leaders are seeking to address long-ignored shortcomings laid bare by one of the most intense rainstorms in U.S. history.

Gov. Greg Abbott says he can write a check for a third reservoir to better protect areas west of Houston from inundation as well as attempt to avoid the types of releases from Addicks and Barker dams that swamped Houston downstream during Harvey.

Houston Mayor Sylvester Turner wants to join Harris County in strengthening regulation on the region’s rapid development to protect the city’s population from floodwaters and alleviate the burden on taxpayers to repair and rebuild flood-prone properties.

Harris County leaders want a major bond issue – and a corresponding increase in property taxes – this year to pay for bayou drainage projects and, possibly, broad buyouts in flood-prone areas.

There’s also broad support for legislation that would require buyers of property in reservoir flood pools, which are dry much of the time, to be notified of flooding risks; 30,000 homes have been built in the flood pools of Addicks and Barker, and many owners say they had no idea they were living in an area designed to hold water during times of heavy rain. More than 9,000 of those homes flooded during Harvey.

Some of the local response has been slowed as officials waited to see what Congress will be willing to fund, a logjam that started to break late in the week with the approval of nearly $90 billion for victims of this year’s storms and natural disasters – much of it for recovery, not prevention. But state and local officials tell the Houston Chronicle they remain committed to broader improvements.

That was written before the Congressional budget deal was reached, so that obstacle should be removed, though it’s still not totally clear what that will mean. County Commissioners will need to figure that out for the bond referendum they’re planning. There are now more FEMA funds available for recovery, which is nice but makes you wonder why it took so long.

It’s a little hard for me as someone who wasn’t directly affected by Harvey to judge if “enough” progress has been made. My friends who were flooded out are still dealing with it; one family is about to move back into their repaired home, which was damaged by the dam releases, another has made the decision to sell and live elsewhere, others are in similar places. I can’t speak for them, but we will all have the opportunity to listen to them as the elections approach. I have to assume that every elected official is going to have to answer for his or her actions and decisions during and after Harvey. I feel like this could be a point of weakness for Greg Abbott, and I think that Andrew White’s campaign ad touting his actions during Harvey is a smart move. It’s too soon to say how much of an effect Harvey will have on November – I don’t get the sense that it’s a difference maker in the primaries, but at least on the Democratic side that may be because no one disagrees with the notion that more can and should have been done to aid the recovery and mitigate against future floods – but it will be there. The time to take action to shield oneself against charges that one’s response was inadequate is rapidly running out, if it hasn’t already.

SaberCats Stadium

Houston’s new pro rugby team will soon have a home.

The city’s burgeoning rugby community is poised to have a new home after City Council inked a $3.2 million deal Wednesday that paves the way for the Houston SaberCats to build a 3,500-seat stadium.

The SaberCats, one of seven new Major League Rugby franchises, plans to finish the new facility and two practice fields at Houston Amateur Sports Park, along Texas 288 in south Houston, in time for the beginning of its 2019 season.

The city, meanwhile, will retain ownership of the site, lease the property to the SaberCats for 43 years and use $3.2 million from its 2012 bond package to reimburse the team for the cost of installing a 760-space parking lot and adding public utilities.

“This is a major step forward,” Mayor Sylvester Turner said of the deal. “We say we’re an international city, and this helps to create those venues that can appeal to the interests of a very diverse population.”

SaberCats President Brian Colona echoed Turner’s enthusiasm.

“Obviously, we’re thrilled to have the city council back this thing with great support from Mayor Turner and his staff,” Colona said. “This is the quintessential example of good public-private partnership in order to advance the needs of the community, and we’re happy to be a part of that.”

[…]

As part of the deal OK’d Wednesday, the SaberCats have committed to providing at least 200 hours of free children’s rugby training annually, hosting high school rugby matches and running free rugby camps for children ages 6 through 14, among other types of community engagement.

See here for some background on the SaberCats, who as you can see were formerly known as the Strikers, and here for an earlier article on this deal, which again notes that funds from the 2012 bond referendum that were earmarked for this facility are what’s being used. The main reaction from the SaberCats’ Facebook page is “why only 3,500 seats?”, since a recent exhibition game had 5,000 in attendance. There will be some 4,000 standing room spots as well, so they ought to be covered for now. I’ve never actually seen a rugby game before, I may have to check this out when they have their grand opening. Any fans of the sport out there?

Northwest Mall will be your Houston high speed rail terminal

No surprise.

Texas Central Partners and Houston-area elected officials on Monday announced that the company, which is seeking federal approval for a 240-mile high-speed train line, has chosen Northwest Mall near Loop 610 and U.S. 290 as their preferred site.

The company has an option to buy the land, said Jack Matthews, who is handling property acquisition for Texas Central.

The announcement was largely expected, as the mall site remained the most viable site to put a train station along Hempstead Road in the area around Loop 610. It also emerged from a federal environmental review as the most practical site in terms of displacing fewer homes and businesses. Still, the line will affect landowners along Hempstead as the tracks extend from the proposed station into northwest Harris and southern Waller counties.

[…]

Almost all of the stores within the mall itself are closed. Only a handful of stores and venues with exterior entrances remain open.

City leaders also joined with Metropolitan Transit Authority officials, noting they hoped the station could spur rail development from Metro’s nearby Northwest Transit Center to downtown Houston.

Texas Central CEO Carlos Aguilar said the site was chosen because its location gives the company ready access to many Houston area travelers. The area around Loop 610 and U.S. 290 is essentially the population center of the region, as development has spread rapidly north and west of the urban core.

“This is the best site for Houston for many reasons,” Aguilar said.

That happened on the same day that the public hearing for the draft EIS was held in Cypress. The Dallas end of the line was chosen last week. The Trib adds a few details.

The chosen location is about 1.5 miles from Northwest Transit Center, a major bus hub and the closest public transportation connection. Despite that distance, the company said in a prepared statement Monday that the station will provide “convenient, efficient and direct” connections to the Houston METRO transit system.

METRO does not currently have any light-rail lines in that part of the city. The agency is working on a long-term plan for expanded transit service.

“So we’re in a broad range of conversation and thought as to how to provide that connection,” Texas Central President Tim Keith told The Texas Tribune on Monday.

There’s pictures at Swamplot, so go check it out. It’s true there’s not much there now, but as you can see there are big plans to change that. There aren’t any transit connections yet, but we’re talking about a 2024 debut for TCR, so there’s a lot of time for stuff to happen. I feel confident the forthcoming Metro referendum will include an item to deal with this in some fashion. I’m looking forward to it.

Looking to hire more cops for Houston

We’ll see about this.

The head of the Houston police union announced Wednesday that city leaders had pledged to grow the Houston Police Department ranks by 500 officers over the next five years, far fewer than the city’s police chief said he needs.

“It’s no secret the Houston Police Department has been doing more with less, for far too long,” HPOU President Joseph Gamaldi said Wednesday afternoon at a crowded news conference at union headquarters.

The influx of officers would still be a fraction of the 2,000 new officers Chief Art Acevedo has said he believes the department needs to deal with the city’s growth, but comes as Houston has struggled for years to meaningfully increase the staffing in the department.

Gamaldi’s initiative, which the union is calling the “Drive for 500,” came after union officials visited all of the city’s council members, as well as Mayor Sylvester Turner, and asked them to pledge their support to increase the department that has nearly 5,200 officers on the job.

[…]

Currently, the HPD operates on a yearly budget of $827 million, and it costs the department around $3 million to run each class of recruits through its in-house academy.

The call for more officers comes as the city management last year had to close a $130 million budget shortfall.

The staffing proposal follows a concerted campaign last year to reform the city’s pension system, which officials warned was underfunded and threatened the city’s long-term financial health.

Meanwhile, Chief Acevedo and Gamaldi have stepped up calls for an large infusion of new officers into the department, saying it is dangerously understaffed, particularly compared to other large cities around the country.

Though Houston has fewer police officers per resident than other large cities, I remain unconvinced that we need to go on a hiring spree. At the very least, I’d like to understand what the plan is for a larger force. HPD’s solve rate isn’t so hot, so if the idea is to staff up on investigators with the goal of closing out more cases, then I can be on board with that. If it’s more like hire now and figure it out later, I’ll take a pass.

As the story suggests, hiring more cops would likely be part of the argument to alter or lift the revenue cap. Not my preferred approach, but I admit I’m not representative on this. I am ready for this argument to be fully rolled out, in anticipation of a vote this year.

Darian Ward resigns

Adios.

Mayor Sylvester Turner’s press secretary resigned Friday afternoon, three weeks after news broke that she had been suspended for routinely conducting personal business on city time and failing to release public records.

Ward sent or received roughly 5,000 pages of emails about personal business from her government account over the last four years, many of which dealt with reality shows she was pitching to television networks or a charity for which she serves as an advisor.

Ward, who earned $93,712 annually, was suspended for 10 days without pay in late December.

Her resignation came hours before new emails showed Ward again had tried to block the release of a portion of the personal business documents she sent on city time. The Houston Chronicle and other news outlets sought the emails under the Texas Public Information Act.

“I believe many of the documents which include show concepts, treatments, etc. are protected through the Writers Guild Association’s registration. Legal needs to be advised,” Ward wrote to colleagues two weeks ago.

Assistant City Attorney Danielle Folsom replied last week, saying the city attorney’s office “does not believe that registration with the Writer’s Guild of America makes information confidential under the TPIA.”

Ward still wanted to seek an opinion from the Texas attorney general’s office, emails show. Pamela Ellis, founder of a charity Ward was promoting on city time, also asked the city to withhold documents.

As a result, the city released roughly 2,500 pages of Ward’s emails on Jan. 19.
With the release of that first batch, Ward expressed confusion that her attempt to intervene had not fully halted the city’s records release.

“How were emails released when I’m waiting to write the AG’s office?” she wrote to coworkers that evening.

The city distributed nearly 1,200 additional pages Thursday, accompanied by a letter to the attorney general’s office.

“The city takes no position with respect to the public availability of the requested information and will not raise any arguments on behalf of any third party,” Folsom wrote in requesting a ruling from the attorney general’s office.

See here for some background. As I said at the time, if that original story was all there was – if we knew all there was to know when that first story came out – then we’d all forget about it soon enough. That wasn’t the case, and so here we are. We’ve had email in the workplace for some 20 years now, and you’d think people would be clear on what “appropriate use” is by now. I honestly don’t know what Ward was thinking, but at least she’ll have more time to work on that show she’s trying to develop now. Her successor is Mary Benton, like Ward a former TV news reporter, who had worked for Gene Locke during his time as County Commissioner. I know Mary from the local politics scene, and I wish her well in the new gig.

Mayor proposes new floodplain development rules

Good idea.

Mayor Sylvester Turner

Mayor Sylvester Turner on Wednesday proposed tightening development rules to strengthen Houston’s defenses against flooding, the city’s first concrete step to change building practices since Hurricane Harvey inundated hundreds of thousands of homes last August.

Turner’s proposed changes would require all new buildings outside the floodplain to be elevated two feet above the ground, and all new construction within the 500-year floodplain to be lifted two feet above the projected flood level during a 500-year storm. Current rules stipulate that buildings be constructed one foot above the flood level in a 100-year storm.

The mayor also intends to make builders redeveloping large parcels of land provide more stormwater detention than city rules currently require.

“We have had floods in each of the last three years, with Harvey being the worst. There will be other epic rainstorms, and they probably will arrive a lot sooner than 100 years or 500 years from now,” Turner told City Council. “As we build back from the damage to existing homes, we have to build forward to prevent future homes from flooding.”

City officials expect to release proposed legal language in the coming weeks, then submit the new rules for City Council consideration by mid-February. If approved, there likely would be a months-long grace period before the laws take effect, Turner said.

Though not final, the city’s intended overhaul of development rules would be more extensive than those Harris County approved last month.

See here and here for the county’s development changes. As the owner of a pier-and-beam house, I have to say I don’t understand why more houses aren’t built that way, but maybe with this change more of them will be. This won’t be transformative – it only applies to new development – but you have to start somewhere, and given that we didn’t start this years ago, the next best time is now. I look forward to seeing the details.

No Amazon HQ2 for Houston

Never really expected that we’d be a top contender, to be honest.

Amazon ruled out Houston as a candidate for its $5 billion second headquarters on Thursday, delivering a blow to local leaders who had hoped to lure the Seattle tech giant to a four-mile stretch between downtown and the Texas Medical Center.

The largest U.S. online retailer whittled down more than 200 proposals from North America cities to just 20, eliminating Houston but keeping the city’s longtime rivals Austin and Dallas on its short list.

Amazon’s decision marks a setback for local leaders including the Greater Houston Partnership, which led an effort last fall to pitch the city as an attractive market for the company to set down stakes.

“I believe this is a wake-up call for Houston,” GHP CEO Bob Harvey said in a statement. “While there has been growing momentum in the innovation space over the last couple of years, this is a clear indication that we have much more work to do as a region to grow our digital economy.”

Houston Mayor Sylvester Turner called Amazon’s decision ” disappointing and heartbreaking.:

But, he added, “It serves as a wake-up call that we must move at a much quicker pace. The city is well positioned, but it’s also is an indication that there is a lot of work that still needs to be done.”

[…]

In his statement Thursday, Harvey said Houston should focus on developing the Innovation Corridor and its technology sector further. He also said Houston should move forward with the proposed Houston Data Science Institute, a data center recently announced by the University of Houston.

“While we are the number one market in the country for STEM talent, we need to bolster our pipeline of digital tech talent that is relevant to tomorrow’s digital economy,” Harvey said. “This means working with our higher education partners across the region to develop and invest in programs that will produce the talent we need to succeed.”

But economists warned that Houston would rank low on Amazon’s wish list in the nationwide bidding war for a campus that could bring 50,000 jobs, saying the city lacked a robust public transportation system. Only 2 percent of the local population takes public transportation to work, according to Census data.

See here and here for some background. On the one hand, it’s always a bummer to miss out. On the other hand, I wasn’t excited at the thought of giving zillions of dollars in incentives and tax breaks to a behemoth like Amazon as deal-sweeteners. There’s too much of that going on already. Doing things like developing the Innovation Corridor and building a Data Science Institute, that’s fine and worthwhile as investments. And let’s be sure not to overlook the feedback about our public transportation infrastructure. Imagine where we could have been if we’d had a Congressional delegation that was unanimous in its support of of more robust transit system. We’ll have an opportunity to support that at the ballot box this November. If we’re serious about wanting to be more competitive with the cities we lost out to, we need to put our money where our mouths are. The Trib, Texas Monthly (which is very skeptical of the chase to lure in Amazon), Swamplot, and the Dallas Observer have more.

Council approves new recycling deal

Huzzah!

Mayor Sylvester Turner

Houston residents are set to have their used glass and plastic bags picked up for recycling at curbside, but not until next year.

The 20-year, $37 million agreement City Council approved Wednesday is the product of two years of wrangling over recycling and positions Houston to pay less per ton to recycle.

Houstonians still have to wait another 14 months before putting bottles or bags in their green curbside bins, however, while the city’s chosen contractor builds a new processing facility.

To bridge the gap, the city plans to renegotiate its existing, costlier recycling agreement, which expires in April.

“From a financial point of view, it is a much better deal for the city of Houston,” Mayor Sylvester Turner said, praising the deal with the Spanish firm FCC. “In terms of technology, it meets what our needs are and what we have asked for.”

[…]

Rosanne Barone, Houston program director for the advocacy group Texas Campaign for the Environment, lauded the city for “heading in the right direction” on recycling.

“This shows the mayor is committed to continuing moving forward to make the city of Houston more sustainable. We’re so happy glass is going to be back, and so happy and surprised and excited that plastic bags are now going to be included,” Barone said. “The next step is just to keep moving forward: To keep including more materials, to expand curbside pickup to apartments and businesses.”

See here and here for the background. CMs Knox, Stardig, and Kubosh were No votes, but CM Dave Martin, who had previously been a critic of the deal, voted Yes. I know a lot of people will be happy to have curbside pickup of glass back, though that will likely mean the end of one new business that emerged to fill that gap. Getting curbside pickup for plastic bags, which San Antonio has been doing since 2014, is a nice bonus. As Rosanne Barone says, let this be another step in the journey forward. Houstonia has more.

Darian Ward

I shake my head.

Mayor Sylvester Turner on Wednesday staunchly defended his press secretary’s job performance following her recent two-week suspension for conducting personal business on city time and failing to turn over public records requested by a local journalist.

Turner also lectured reporters on the newsworthiness of the city’s disciplinary action against Darian Ward, saying other issues are more important than “whether or not somebody did something on an email.”

Ward, who was allowed to return to work Dec. 27, sent or received roughly 5,000 emails from her government account related to her company, Joy in Motion Enterprises, or other personal business matters over the last four years, according to a city memo. However, Ward, who at the time was among those responsible for fielding Texas Public Information Act requests for the mayor’s office, produced just 30 pages of emails in response to a journalist’s October records request.

“Ms. Ward, you misrepresented to the requestor the volume of documents regarding the TPIA request under state law, and you misinformed the chief of staff and me; you spent a significant amount of city time conducting your personal business rather than focusing on your work task,” mayoral Communications Director Alan Bernstein wrote Ward on Dec. 11, informing her that she had violated multiple city policies.

[…]

“It’s pretty flagrant,” said Daniel Bevarly, executive director of the National Freedom of Information Coalition, based in Missouri. “I’m surprised the mayor retained this individual.”

Turner said “no employee ought to be utilizing personal emails on city time,” but said he was not concerned about Ward’s performance.

“She’s done her job extremely well since I’ve been here, over and above,” he said. “I have no question with regard to her work performance.”

The mayor, who bristled at reporters’ questions about Ward, added that he imposed a stiffer punishment than the city’s legal and human resources departments had recommended.

Ted Oberg had the initial report about Ward’s suspension. For what it’s worth, I once had a coworker who was fired for doing something very similar to what Ward was suspended for. She was a lousy employee and was probably going to get herself fired for something eventually, but her email follies provided the fulcrum. If there are no further revelations to be made, and if Ward manages to adopt a more work-appropriate posture going forward, then we’ll all forget about this in a few weeks. If not, then I don’t think it’s possible for her to be a good enough employee in other respects to outweigh the negatives. Campos has more.

The elections we may get in 2018

We know there are going to be a lot of contested elections up and down the ballot in 2018, both primaries and the November general, for state, county, and federal office. There are also at least four possible elections I can think of that we may get in addition to these. Let’s review.

1. Firefighters’ pay parity referendum

Remember that one? Petitions submitted, but it took a long time for them to get counted and certified, so the deadline to get on the ballot was missed? Yeah, that’s still out there, and barring a verdict that the petitions were insufficient, we’ll get to vote on it. Everyone I’ve talked to says that it would be in May, which would be the next uniform election date. After going a number of years without any May elections, we could have them two years in a row. This one would almost certainly be contentious.

2. Revenue cap repeal/modification

Another one that we thought would be on the November ballot was a revenue cap referendum. In the end, the plan was shelved so as not to endanger the pension obligation bonds. The strategy worked – the bonds passed – so now it’s time to finish off this piece of business. The main question is one of timing. If the firefighters’ pay parity proposal passes, then no further charter amendments can be voted on for two years. That presents Mayor Turner with a choice: Work to defeat the pay proposal, and thus vote on revenue cap reform in November, or put the rev cap issue on the ballot in May alongside this issue? I can make a case for either, but I’m sure the Mayor would prefer to have this up in November. We’ll see how that plays out.

Also, too, there’s the question of what exactly this referendum will do. Initially, Mayor Turner spoke about modifying it, to allow more revenue growth that would apply to public safety. More recently, he seemed to be talking full repeal, which is of course my preference. Again, we’ll see what happens.

3. Metro referendum

Metro Board Chair Carrin Patman has been talking about a new comprehensive Metro referendum, to fund further rail expansion and bus system upgrades. That was put off from last year, and appears to be on track for this year. Details and scope are yet to be determined.

4. Harris County flood mitigation bonds

In the immediate aftermath of Harvey, Commissioners Court discussed the possibility of a bond issue for flood mitigation projects. I presume this is still on the table, but as yet it isn’t more fully formed than that. If I had to bet, I’d say this happens, but it’s by far the least developed. Look to see what the Court does and we’ll know from there.

Finally, I should note that there is ongoing litigation related to the 2010 Renew Houston referendum and the 2015 term limits referendum. The former has been sent by the Supreme Court back to the lower courts, and I suppose it’s possible that there could be an order for a do-over election this year. It’s not clear to me what we might vote on if that happens, as it was City Council action that actually authorized and set the fee, but that would be among the things argued about in court, so we’ll see. For the latter there has not been a trial on the merits of the lawsuit as yet, so we are a long way from a resolution. I just wanted to touch on these since I’m sure someone was wondering about them.

Pension bond sales proceed

But it was close, which both boggles my mind and annoys the ever-loving crap out of me.

The City of Houston can move forward with its plan to sell $1 billion in bonds on Friday as part of Mayor Sylvester Turner’s landmark pension reform passed by the Texas Legislature earlier this year, a judge ruled.

State District Judge Mark Morefield on Thursday denied a request by former city housing department director James Noteware for a temporary restraining order to delay the issuance of the bonds.

The request for the restraining order was part of a lawsuit filed last Friday by Noteware, who alleges the city misled voters into approving the bonds so it could sidestep a voter-approved limit on how much property tax revenue Houston can collect. Noteware claims the ballot language was “materially misleading” and did not include wording to indicate the taxes levied to pay off the bonds would be exempted from the 13-year-old revenue cap.

City officials say the language cited by Noteware is boilerplate included to assure bondholders that the city would meet its obligations.

[…]

Morefield said there were “substantial” concerns regarding the legality of the ballot measure, but that he ultimately agreed with the city’s argument that delaying the issuance would significantly damage Houston’s standing among creditors and bondholders.

“I think we’re just too far down the road at this point in time to stop this train,” Morefield said. “The mayor and City Council are heavily invested in this. And this thing is going to go forward.

“They may have to pay a heavy consequence for it going forward,” he added.

See here for the background. The sale has been completed, so at least that’s one rabbit hole we won’t go down. Let me see if I can sum up all the reasons I am gobsmacked by this.

1. As a reminder, the city was only obligated to put the bond sale to a vote because that was a provision in the Senate bill that required it. Mayor Bill White sold pension obligation bonds for five years without anyone demanding a vote. The reason we voted is because Paul Bettencourt insisted on it. What does he have to say about this?

2. Proposition A passed with 77% of the vote. There was essentially no opposition to it – conservative groups like the C Club endorsed it, while the Harris County Republican Party declined to take a position. Nobody raised any objections to the ballot language, which was approved by Council in August, and nobody made this case about the stupid revenue cap before the election.

3. Specifically, James Noteware appears to have taken no action regarding Prop A before the election. Go ahead and do a Google News search on him – there’s nothing relevant to this before he filed his lawsuit. He couldn’t be bothered to put out a press release, or throw up a webpage, to outline his objections before the vote. Yet here he comes afterwards to overturn a valid election that no one had any problems with because he didn’t like the pension deal?

4. I mean, there are issues with the whole referendum system, but look: Mayor Turner won an election in 2015 on a promise to get the Legislature to pass a bill to reform the city’s pension system. Our elected legislators passed such a bill. Our elected Council members ratified that agreement, then voted to put the required bond measure on the ballot, which the voters then overwhelmingly approved. What the actual hell are we doing here? Why does none of this matter?

deep breath Anyway. I hope we get a future story that includes some quotes from legal experts who can analyze the merits of the lawsuit and its likelihood of success going forward. I can rant all I want but it’s in the hands of the judges now. Lord help us all. The Mayor’s press release has more.

Inevitable lawsuit over pension bond ballot language filed

Like night follows day, like flies garbage.

Mayor Sylvester Turner misled voters into approving a $1 billion pension bond referendum last month, a new lawsuit alleges, claiming that city officials plan to use the bonds’ passage to sidestep a voter-approved limit on the property tax revenue Houston can collect.

A local businessman and former Houston housing department director, James Noteware, sued the city on Friday in state district court, contesting the Nov. 7 election on the grounds that the ballot language was “materially misleading.”

The full language, rather than the summary listed for voters on the ballot, stated that the taxes levied to repay the bonds would not be “limited by any provision of the city home rule charter limiting or otherwise restricting the city’s combined ad valorem tax rates or combined revenues from all city operations.”

The suit claims that phrasing means the taxes levied to pay for the bonds will be exempted from the 13-year-old revenue cap, which limits the annual growth of property tax revenue to the combined rates of inflation and population growth, or 4.5 percent, whichever is lower.

“Omitting the fact that the proposition created a billion-dollar exception to default limits on the city’s taxing authority renders the proposition materially misleading and void,” the suit states.

More coverage from the Chron here. This is, in a word, nonsense. I mean look, Paul Bettencourt, who insisted on the pension bond referendum and who loves the revenue cap and the spotlight more than his own children, had nothing to say about this during the campaign. Nobody complained about the ballot language. At this point, this kind of lawsuit is basically pro forma, and serves as nothing more than an attempt by the losing side to get bailed out by the Supreme Court. If you have the resources to hire a lawyer to file this kind of crap, you have the resources to mount some kind of campaign against the referendum before the election, even if it’s nothing more than sending an incendiary press release to a gaggle of reporters. If James Noteware, who by the way was a Mayoral candidate for about 15 minutes in 2013, did anything like that, he failed spectacularly to get a news story out of it. If this thing goes anywhere, it can only mean that the Supreme Court is now an official part of the referendum process, and we may as well ask their opinion before we bother wasting our time voting on anything.

(Also, too: Yet another reason to kill the awful, terrible, no good, very bad revenue cap. I’m just saying.)

Recycling deal held up again

I’ll take Unexpected Effects of Hurricane Harvey for $200, Alex.

Chris Brown

Chris Brown

A 20-year, $37 million recycling deal for Houston is in limbo after City Controller Chris Brown said his office was not prepared to sign off on the proposal, citing concerns with the procurement process and the winning bidder’s proposed subcontractor.

The controller, the city’s elected financial watchdog, chiefly is responsible for certifying that sufficient funds are on hand to make the payments associated with items City Council is asked to approve each week.

Brown’s Monday afternoon memo to Mayor Sylvester Turner, however, noted “concerns pertaining to the transparency of the procurement process and the MWBE sub-contractor’s status as the defendant in several federal lawsuits.”

Specifically, he said several sets of documents from the initial procurement stages were kept only on paper and were destroyed when Hurricane Harvey flooded City Hall, leaving his office unable to compare documents from the two final rounds of bid evaluations.

Turner threw out the first round of final bids last summer amid questions from council about the process used to select Spanish firm FCC as the winning firm; FCC again was announced late last month as the winner of the second round of final bidding, prompting more questions from council.

Brown said his staff was able to review documents from the two final bidding rounds only after signing “unusual” non-disclosure agreements for which he said “no legal reasoning has been provided.”

FCC’s proposed subcontractor, Taylor Smith Consulting, he added, has been named as a defendant in four recent lawsuits, three under the Fair Labor Standards Act.

“In the interest of full transparency, I thought it important to bring these concerns forward,” Brown wrote.

See here and here for the background. Who knew people still used paper documents? The Council vote had been scheduled for this week but will be pushed back after the holidays now. From the story it doesn’t sound like there were any actual problems with the bid, though the losing firms were griping about it, just that it was delayed. We’ll see if it gets any better a reception from Council this time around.