March 23rd City Council Meeting

Before we dive into to Wednesday’s meeting, I want to rant for a sec: Hays County under scrutiny for nearly $2.5 million loss of funds. Originally, the county got $7 million for rental assistance, back in January 2021. And we just…didn’t spend it. And eventually the federal government starts re-claiming unspent money for redistribution.

The details are even grosser: by September, the county had spent exactly $0. This made us ineligible for future funds. The federal government then announces then that you have to clear at least 30% of your grant by October. We made it to 2.65%, and so we lost $770K, and then it happened again this past February, and we lost another $1.7 million.

All I can figure is that someone was supposed to care about people struggling to make their rent, and just …didn’t. The rental assistance just wasn’t considered urgent, or a problem to solve, or to dedicate time and resources towards, or to collaborate with community partners on. (You can read the link – there are excuses given, but they’re all very flimsy.) I don’t know who to aim my anger at, but this is super grotesque.

On to Wednesday’s meeting!

Hour 1

Meek and mild. Renters will now get a CONA rep, which is a win. (CONA is the Council of Neighborhood Associations.)

Hour 2-3.5

Kind of a referendum on Max Baker himself. Pretty problematic.

Hour 3.5-4.5

Should the entire performance evaluation of the city manager be made easily accessible to the public?

Agendas, packets, and videos here.

Hour 1, 3/23/22

Citizen Comment: Mostly on Item 26, expanding the criteria for qualification as a designated historical site. Everyone is in favor. One speaker spoke eloquently about Pauline Espinoza, who was a local public figure and business owner back in the 1930s, and is now getting the Rec Center named after her.

There was a presentation on some early budget prep work for 2022-2023; none of the councilmembers reacted in any noticeable way. There was a snafu involving SMPD’s overtime budget – basically they’d been budgeting for 1 1/2 time as though it were 1/2 time, and now it would cost $600k to fix the issue. To me, it seemed like the kind of unfortunate-but-honest error that comes from having high turnover in your city office. But Council raked the staff member over the coals a little bit for it.

The City’s strategic plan for the next 12-36 months is being discussed. It looks like apartment-renters will get a CONA rep at CONA meetings, which is great.

(If I were making a wish-list for a strategic plan, I’d put a tenant’s council with a city lawyer to assist renters on the list. Just saying.)

Hours 2-3.5, 3/23/22

Jude Prather and Shane Scott brought in three measures:
1. There need to be some sort of time constraints when an item runs too long.
2. Rules of decorum need an update
3. All city council members should show up in person, instead of zoom.

Some context: Everyone understands that these are targeting Max Baker. The recent debate over the lobbying ordinance is looming large in everyone’s mind. (And Max is the only one still zooming in from his home.)

The crux of the debate is this: Max gets into arguments from the dais. One side interprets him as being rude, repetitive, combative, and violating professional norms, like committing personal attacks. Moreover, they want to prevent him from doing this.

The other side says that these interpretations are fraught and subjective. Furthermore, the urge to shut Max down is part of a long tradition of how people in power stay in power. It perpetuates the status quo if you silence anyone who doesn’t fit right in to the existing power structure. (This is correct.)

Now first, every communication has two layers:
1. a surface layer – your tone, your word choice, your mannerisms
2. a deeper structure – the actual content you’re trying to communicate

These proposals are all attacking Max on the surface level, and trying to police his tone, word choice, and mannerisms. They are not taking issue with his ideas. This is a very old tactic – you focus on someone’s tone, and then you don’t have to engage with the content. Historically, requirements for the surface level (“professionalism”) were used to prevent anyone besides old white dudes from participating, unless they pandered to the old white dudes. Accusing someone of being unprofessional allows you plausible deniability – you weren’t against their ideas, but they were being so unprofessional!

Here is the utter hypocrisy: These three discussion items are themselves an example of a polished, professional surface layer – all Jude and Shane did was submit items for a policy discussion! Superficially, it looks like they are seeking a return to collegiality.

It’s the deeper structure that’s the problem. Targeting a single colleague like this is rude and counterproductive. If you have a problem with a colleague, you talk to them, and then try mediation or bring in a third party. You don’t blast a memo out to the company with ostensibly neutral rules that happen to apply very specifically to your nemesis.

Jude and Shane cloaked their attacks on Max by putting it into policy proposals. They want to crack down on overt rudeness, but then run wild with stealth rudeness embedded in these three proposals.

Finally: Trying to shut Max down is absolutely wrong. And it is also true that sometimes Max can be very frustrating. But other times, he’s the passionate champion of values I hold dear. People are complex.

Before I sum up the councilmembers, let me list some of my burning thoughts:

  • Why do our council meetings last for 6+ hours? It’s not because Max is an intense speaker. What happens in bigger cities?
  • It was implied several times – mostly by Max and Alyssa Garza – that off-camera, councilmembers say plenty of rude things, but then play nice for the camera. Certainly plausible, but it’s hard to interpret what’s going on, from the outside.
  • You know what really wasted everyone’s time during the lobbying debate? The fact that Shane Scott managed to get everyone to postpone it for the umpteenth time. There are plenty of polite ways of wasting everyone’s time. Very professional.

Onto what was actually said:

Jude Prather: Kind of conciliatory, did not say much.

Shane Scott: Forgot he was even there.

Mayor Hughson: Fairly problematic in this conversation. She brings an absolute turd of a proposal, where she would ding anyone who personally attacks anyone else. If they persisted, and enough councilmembers agreed, they could be ejected and forfeit their vote on the issue. She tries to define personal attacks, and goes off the deep end with subjective language about viciousness, repetitiveness, and smirks.

She cannot stop interrupting Max Baker. He even requests that “No interruptions” be considered as an explicit rule of decorum, and she says, “No, I am not going to stop interrupting you when you say something factually wrong.” She may be correct that Max has said something factually wrong, but she’s shooting herself in the foot by interrupting him as often as she does.

Alyssa Garza: Consistently saves this council from itself. She explains about respectability politics and tone policing, and gets everyone on board with some cultural responsiveness training from a high quality consultant.

Mark Gleason: Mostly fine. He stands strongly opposed to any kind of time limit on discussions, and does want councilmembers to attend in person. He makes an earnest plea for the humanizing parts of being together in person, breaking bread together, etc.

Max Baker: Hard to summarize, since he was the subject of the entire conversation. He points out that anger and repetition are rhetorical techniques, and that they are trying to change how he delivers his words. He does correctly point out that we already have “calling the question”, which ends debate on an item and moves it onto a vote, and so time limits aren’t really needed.

He also tells Mark to fuck off (not in so many words) with his plea for humanity, and says to Mark, “The last time I saw you, you told me that I’m a fruitcake, and that I needed to skip off.” Max and Mark get snippy with each other over the things that were said in the course of campaigns. It got heated.

Saul Gonzalez: Silent per usual.

In the end:
– Everyone is on board with a Facilitated Retreat, run by someone who can offer cultural awareness and responsiveness mediation.
– the idea of time limits is discarded in favor of judicious use of calling the question.
– Max Baker and Jude Prather will get together and come up with a proposal to govern councilmembers zooming in to meetings and executive sessions.

Hour 3.5-4.5, 3/23/22

This last hour was spent on how City Council evaluates its appointees.

First off, there are only four. This isn’t a broad discussion on city employees in general. They are the municipal judge, the city clerk, the city manager, and…one other that I’m forgetting. The important one here is the city manager.

Clearly there was friction between the former city manager, Bert Lumbreras, and city council. From the outside looking in, it’s kind of impossible to know what was going on. Was he being given monstrously large tasks, and insufficient staff or budget? Was he communicating this back and proactively helping to shape the tasks into things more do-able? Was he just ignoring requests that he didn’t like, and letting them fall by the wayside? The interim city manager, Stephanie Reyes, certainly seems smoother during the meetings, and less quick to tell the council why their idea is a nonstarter.

Anyway, performance evaluations are being altered to be outcomes-driven.

The debate hinged on one aspect of this: should the full staff-evaluation be included in the city council packet, easily visible for the entire city to see? Or should only a summary be included?

Max Baker was arguing that the entire evaluation should be in the packet. Since the entire evaluation is available under FOIA, he argued, let’s not paywall it. Let’s be transparent about why someone deserves a merit raise, so that constituents can see the basis for these decisions.

Mayor Hughson felt this was a terrible idea, for the employee’s sake. That it’s bad management for one employee to see another employee’s assessment. Mark Gleason’s concern was that it might shape how forthright councilmembers can be when they write their evaluation, if they know it will be going public.

I do think this is a tough call, and that both sides have merit. These are private citizens. There is a giant difference in visibility between putting a review behind a FOIA paywall and publishing it in the council packet.

I think I’m siding with Mayor Hughson and Mark Gleason. Extreme cases make bad policy. Egregious situations should be dealt with individually. (But if I’m reading between the lines, the other problem is that half the council phones it in and rubberstamps the evaluations, and so the evaluations don’t accurately reflect the things that were frustrating about the employee.)

However, the vote went the other way:
Shane Scott, Alyssa Garza, Max Baker, Saul Gonzalez – show the raw data of the whole evaluation
Jude Prather, Jane Hughson, Mark Gleason – Just the summary.

March 1st City Council Meeting

Let’s dive right in!

Hour 1

In which I get way too much mileage out of Poltergeist jokes.

Hour 2

In which sewage sludge threatens the aquifer.

Hour 3.5-4.5

I was yelling at my computer monitor.

Less contentious things

The Arts Master Plan is approved. The Activity Center will get air purifiers. The Firefighters agree to a 2% raise, because city funds are tight, while SAMPOA split off and was not cooperative.

In the last twenty minutes, Shane Scott and Jude Prather had three agenda items, all of which they postponed because it was getting late. All three seem to be petty pot-shots at Max Baker: time limits on discussing topics, revisiting current rules of decorum, and how all city council members should show up in person. All of these put etiquette above the hard work of self-governance, and hopefully they’ll get briskly swatted down..

Find agenda and video here.

Hour 4, 3/1/22

Item 27: THIS IS WHY I BLOG.

Shane Scott and Saul Gonzales brought this agenda item up. Because of equity/poverty/other buzzwords, Shane Scott wants to reduce your water and wastewater bills. He thinks it’s crazy that it’s so high.

His proposal is to restructure the rate system. He says right now, you get the first 6000 gallons at a low price, and then tiered surcharges kicking in above that. Shane Scott wants you to get the first 8000 gallons at that same low price, and then pro-rated beyond that. THIS DOESN’T SAVE MOST PEOPLE MONEY. If you use 5000 gallons, you’ll get charged exactly the same! All this does is encourage a lot of people to use more water, because it’s free. (Maybe it helps big families, maybe, if they tend to use 6000-8000 gallons? They now get 1-2K gallons of water for free?) Shane Scott also wants to do something vague, similar, you know, for the wastewater rates.

First off, Shane Scott doesn’t even have the pricing structure right. According to the water guy:
Water rates: Base rate: $26.82 minimum.
Then $4.49 per 1000 gallons, up to 6000 gallons.
$7.86 per 1000 gallons after, up to 9000 gallons.
Then it goes to $9/1000 for the next tier, then $10.12/1000, then $11.24/1000, and then $13.48/1000 thereafter.

So you can imagine what Shane might mean – extend the $4.49 rate up to 8000 gallons. That would save a few people $6.42 per month, if they happen to already use exactly 8000 gallons per month. Good job, Shane.

Wastewater rates:
$27.88 per 1000 gallons, up to 2000 gallons.
$8.03 per 1000 gallons, thereafter.

The city uses a consultant to set prices that will cover costs and incentivize conservation. They don’t turn a profit.

Jude Prather makes the point that if you earn $1000, then $100 is a huge portion of your paycheck, whereas if you earn $10,000, it’s a negligible amount. What he’s trying to say is that flat taxes are regressive. This is very true. This is why sales taxes are problematic, but income taxes are better, and capital gains taxes and inheritance taxes are even better.

But water just isn’t a great context for that argument, because we’re talking about water. There’s a specific phrase for this: “tragedy of the commons”. Basically, if you have a pond, and too many people fish out of it, you’ll kill off the fish population and then nobody can use the pond anymore. When you have a natural resource and everyone partakes freely, you can wreck your natural resource really quickly. You have to drive consumption down and monitor what you can sustain.

Water needs to be priced to encourage conservation. Frankly, if I were setting the rates, I’d price the golf courses out of existence. But no one has consulted me on this.

Mayor Hughson says she’s all for lower rates, but how exactly are they going to pay for the water utility system and wastewater processing and the pipes and all the rest of it?

Jude Prather comes in sounding so correct that I thought it was the city water official at first. He says that people with huge water bills are watering their yards and filling up their pools, and that the real concern should be electric, and making sure that no one is going without air conditioning in the summer, when it can turn deadly for vulnerable people.

Mark Gleason also makes a lot of sense! His point is that city-run utilities are enormously complex and we should not make uninformed decisions. He also points out that it’s easy for someone to run up a $400 bill if they have a leak they don’t know about, or some extra family members staying with them, or they fall behind for a few months.

From there, Mayor Hughson and Alyssa Garza take the conversation over to the Lifeline Rate and the Utility Assistance Program, both which are so poorly advertised that those who need it have never heard of it. In fact, city council members – and your friendly marxist bloggers – don’t really know about such things, or how to direct someone to find it. The conversation seems to be coming to its natural conclusion: we need a concerted plan to strengthen the outreach effort for the Lifeline Rate and Utility Assistance Programs.

BUT WAIT. Shane Scott is not comfortable with his super dumb idea being molded into something reasonable! It’s not fair that relief only targets poor people! Rich people also need relief from their high water bills (under his plan which offers no relief, but encourages higher consumption).

He asserts that it is not so complex. Give him ten minutes and he could find all the savings we need. Mayor Hughson asks him why he didn’t come to his own agenda item prepared with a proposal then? He says he didn’t want to ram ideas down anyone’s throat. Dude, cut your losses and backpedal slowly away from this whole mess.

Saul Gonzales at leasts want to see the financial impact of the proposal. Everyone seems okay with looking at innovative ideas towards equity on water and wastewater rate setting.

They kick around other ideas: education, providing thermostats, mid-month notifications of your usage, and so on. Rebates from the Sustainability Committee for low-flow toilets and rain barrels. Finally it’s kicked over to staff to do some homework on the topic.

Shane Scott gets the last word. He wants to order staff: “Our customers want lower prices. Make it happen.” He is so mad that council can’t just march in and slash rates. And this is why I shout angrily at my computer while watching council meetings.

Finally: I was worried someone was going to suggest privatizing utilities to save money. Do not fall for this. This is a terrible idea. Here’s how it goes:
1. City gets bids from private companies showing wonderful cost savings.
2. Accept lowest bid.
3. City dismantles the department, lets people go, and generally loses the ability to return to the previous version.
4. Private company does a dreadfully shitty job and goes over budget.
5. Over time, bids escalate far more than the city’s costs would have.

Private companies want to turn a profit, which means charging more and delivering less. Don’t use private companies for public goods.

Hour 2, 3/1/22

Items 17/18: Sewage Sludge Is Gross

There’s a self-storage place out on Old RR 12, right next to the shopping center with the Pita Shop. The shopping center and the self-storage place share a septic tank. The septic tank is old and degraded, and leaked sludge up and out onto the driveway of the people living next door.

Right now, this is the county’s problem, and the county hasn’t done much for the past four years. The self-storage people want to be annexed into the city so that they can get on city water, and get off the septic tank.

Max Baker proposes tabling this until the county can weigh in with their plan to fix the remaining situation with the shopping center.

Shane Scott points out that the applicant needs help as soon as possible, and shouldn’t be punished because the county drags its feet. He has an analogy about a roommate trying to get out of a situation with a bad roommate, which fits nicely.

Then Mark Gleason points out that either way, the longterm solution is for the shopping center to hook in to city water and waste, and so we should get going on that infrastructure, and not delay any further.

Look, the conservative guys are both right! Good job, guys! I agree.

In the end, it passes.

Hour 1, 3/1/22

Citizen comment: Pro-arts master plan, anti-Posey road development.

Item 15/16: Annexing and zoning a neighborhood adjacent to Trace.

This property is adjacent to Trace, and runs against a cemetery. The developers want to make a little neighborhood out of it. I was annoyed during the presentation, because Shannon Mattingly included statements like “They’re going to include an activity center,” and generally made it sound like a planned community with amenities. This is a zoning case – none of that stuff is binding. If you zone the land as CD-3, the developer can do anything allowed under CD-3. You should never trust any beautiful mock-ups or plush amenities unless they’re spelled out in a contract.

[As an aside: private neighborhood amenities are bad for a city. If you decrease the number of people that use public pools and facilities, your city will not invest as much in public pools and facilities, and the slow decay and disinvestment hurts the have-nots, not the haves. I don’t feel so strongly about apartment complex amenities, but neighborhood amenities rub me the wrong way.]

Back to this development: it runs adjacent to an old cemetery, which Mark Gleason helpfully tells us is known as Crying Baby Cemetery because so many children are buried there. So folks: this is straight out of your favorite haunted tale. He floats the idea that burials may extend beyond the perimeter of the cemetery. (Carol-Ann! Carol-Ann! She’s in the TV!)

The developer helpfully says that to the best of his knowledge, the grave sites are properly contained within the cemetery grounds. And there’ve been surveys. Mayor Hughson points out that surveys don’t detect underground caskets. Eventually everyone agrees that surely the row of old growth trees must be the boundary of the grave sites. (But don’t look at me when your swimming pool starts bubbling.)

Max Baker is concerned that these houses are stealth rentals. He wants them sold individually to San Martians, not sold off in bulk to an investment company who will rent them out. I bristled a bit at the implied anti-rental sentiment. (Max does turn up the that this developer is self-financed. He runs an investment group. On his Linked-In profile, he uses the unfortunate phrase “…focused on opportunistic real estate acquisitions”. Max alights on “opportunistic”, noting it’s generally cynical and maybe a touch greedy. Personally, I’m impressed with Max’s google-fu.) My guess is there won’t be a neighborhood pool and center.

Saul Gonzalez speaks up – many members of his family are buried in that cemetery, including his brother, and his uncle used to help run the place. So I do feel a little bad for the Poltergeist jokes above.

Eventually council settles on a development agreement, which will put a 15 foot buffer and a wall between the cemetery and the neighborhood. They’ll finalize it at the second reading, in two weeks.

So that seems to be that, for now… or is it?? (cue skeletal hands playing a janky keyboard.)