Where to even start? Yesterdays City Council meeting included settlement of the Nathaniel Sanders II and Sir Smith cases, discussion of when to hold the citys next election, and the City Hall circus sideshow. And if that aint enough, now we have cost estimates for mothballing WTP4. We hit it all after the jump.
The Sanders saga came to an anticlimactic end yesterday, with council approving a $750,000 settlement with Sanders family, and a $175,000 settlement with Sir Smith, who was also shot by former cop Leonardo Quintana when he fatally wounded Sanders in 2009.The items appearance early in the day surprised many City Hall watchers bracing for a long night (called, apparently, so Mayor Pro Tem Sheryl Cole could vote before she temporarily left the dais that day). Cole emphasized the need to move forward, and reiterated her statements that a trial wasnt a risk we should take. Lee Leffingwell and Mike Martinez who had previously voted against settlement continued their opposition, although (likely due to the basic arithmetic dictating the measure would pass) either refrained from speaking or finished quickly. Reversing his previous stance against settling was Chris Riley, who joined the majority. He noted that while the murky circumstances surrounding the case hadnt changed, the citys legal posture had; the Sir Smith settlement which was an ongoing concern last year when the Sanders settlement first came to council was now eligible for settlement the same day. With that, he said, Im persuaded we are going to have put old wounds behind us, and move forward as a community.
The vote on the Sanders settlement was 5-2, with Leffingwell and Martinez voting no. Council later voted 6-0, Cole off the dais, to settle Sir Smiths lawsuit at a comparatively less-expensive $175,000. Martinez iterated he remained opposed in principle to the settlement, but voted yea anyway, citing the low cost of the agreement.
Election? When? Huh? Council head from elections attorney Sydney Falk yesterday on the cost of preserving a May 2012 council election versus a November contest, the quandary imposed by SB 100, the senate bill that reorganized federal spring primaries and runoffs, clustering the elections potentially impossibly close to a May municipal election.
Falk posited a number of scenarios, ranging in cost from basically what we pay now ($ 1million, in the Nov. 2012, county-assisted option) to nearly $7 million (including assistance from elections company Hart InterCivic.
Despite the issues enormity, council doesnt have the luxury of time: Even if the city preserved the May election date, a change from their partnership with the county might still require Department of Justice pre-clearance, a process which could take 60 days. Leffingwell noted that if May candidates can declare as soon as November, and even initiate the process for a run prior to that, backing up 60-days from then puts council in that time frame now. (He later added that a November election his preferred scenario has no time-crunch problems.)
Conversation ended with the recognition of needing to act quickly, but not much else. Bill Spelman called for a meeting with public comment, but that was about it. And if that wasnt sufficient, an additional subtext centered on whether SB 100 which, recognizing the quandary it put many cities in, allows for city elections to me pushed back six months by simple majority vote was in conflict with the city charter. As Falk told council, theres still a question as to whether SB 100 does what it says it does. Most definitely to be continued
And if that aint enough: Today the city released the estimates from contractor CDM tabulating the 5-year and 10-year costs of mothballing Water Treatment Plant No. 4. The respective totals are $138 million and $206 million. A $79 million simple construction shutdown cost and $12 million in legal fees is tabulated in both scenarios, with the bulk of the differences comprised of restart costs:
You can download the report here. If ya see anything particularly interesting, let us know.
Lotsa chatter about Leffingwells citizen speaker smackdown yesterday. Theres some YouTube videos floating around (with, shall we say, several intriguing comments) of tense moments from yesterdays meeting, including the ejections of John Bush and Ronnie Reeferseed Gjemre. The Hustle is decidedly agnostic on the speaker rule changes at council (which, it should be note, can be waived or altered at any point in time). But having just scratched the surface on the three issues above matters of actual importance that impact peoples lives and the direction we take as a city were not wringing our hands over councils decision to truncate the amount of time certain speakers can waste to only nine minutes per meeting.
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This article appears in August 26 • 2011.



