A Message From Steve K...04/19/21

Chief Magnus 

I’m opening this week with a note of congratulations to TPD Chief Magnus. Last week it was made known that he is under consideration for the position of Customs and Border Protection Commissioner. That’s a huge job and a huge honor to make it this far into the process. 

CBP is the agency that oversees both customs (trade issues) and border security. This link gives a good description of the magnitude of what Chris is being considered for - https://www.cbp.gov/about  

This won’t be a quick decision. He’ll first go before the Senate Finance Committee. Once he gets through that, his nomination goes before the full Senate. His nomination is both a testament to the work he has done with TPD, but also to the leadership team he has put together with the agency, the men and women who serve on the police force, and to the progressive policies they’ve instituted with the mayor and council support. Chris has also been a champion in identifying and proposing solutions to the recruitment and retention issues we have in front of us during this budget cycle. 

The “BP” portion of CBP needs a dose of transparency. If Chief Magnus is confirmed, achieving that will be a tough lift, but one worth taking on. We at the Ward 6 office are happy for him as he continues through this rigorous process. 

I guess we can make everything political. Community public health shouldn’t be in that category, though.  

In the ‘that wasn’t helpful’ camp is last week’s announcement that Johnson & Johnson’s vaccine is being put on hold while they do more testing. During that pause, both Moderna and Pfizer are still being administered. If you have questions about vaccinations in Pima County, use this link: COVID-19 Vaccine FAQs. 

Use this link to register for an appointment through the county: www.pima.gov/covid19vaccine. And if you want to try the UA State site, register at https://podvaccine.azdhs.gov.  

In past newsletters, I’ve included world maps showing how many developing countries are not getting access to vaccinations. In the U.S., just over 30% of the population has received at least one dose. Worldwide that figure is under 6%. We cannot be complacent with that level of disparity, either from our own self-interested perspective or from the perspective of simple human ethics. I follow the efforts of WHO on advancing the international equity issue. Clearly, it’s slow going. 

I’ve been tracking the weekly infection data for Pima County over the past month. I’ve added this week’s totals. 

Total new cases:  

March 8th - 14th - 720 

March 15th - 21st - 618 

March 22nd - 28th - 517 

March 29th - April 4th - 688 

April 5th - April 11th -  629 

April 12th - April 18th -  520 

My team and I met last week to talk about plans for reopening the office for outside groups. Generally, I’m still the only one in the building during the day. But as we continue to see the decrease in the numbers of infections, we’ll slowly reopen to groups. At first, they’ll be limited to daytime and to groups of 10 or fewer. That’s the capacity in our meeting rooms when taking the 6’ social distancing standards into consideration. I’ll share in the newsletter when we’re ready to take that step. 

There’s also good news on the infectivity rate – for the state, county, and the UA area. Here’s the data for the past few weeks. We’re slightly below 1.0 again. That's the dividing line between community spread and reducing the spread.  

Please continue being safe and encouraging others to stick with the CDC program as we pull ourselves back toward normal. 

You can find the most current data at this site: https://covid19.arizona.edu/dashboard.   

Variant Strains     

The overall number of infections is decreasing. But the variant strains continue to be an issue. We’re fortunate that the vaccines are still effective with them.  

Last week we had 160 reported cases of the U.K. strain in Arizona. There were only a few more reported this week, so that’s a great sign. But there’s an asterisk on that figure – the CDC stopped reporting new variant cases on 4/12, so those few cases were from that one day last week.  

Nationwide we’re up to over 23,000 reported cases involving the new strains. When I first started following these data a couple of months ago, the national number was 435. Here’s this week’s map: 

The unfortunate thing is that the CDC chose to stop updating their website for new variant strains a week ago, on April 12th. At that time, they were reporting over 23,000 total variant infections. But their website says, “This page will no longer be updated after April 12, 2021.”  I’ll keep hunting for another source, and if you’ve got any, please let me know. 

The surge in Florida has now spread up to Georgia and Tennessee. The Michigan surge has now moved into Ohio and over to Pennsylvania and other parts of the northeast. In our part of the country, other than Colorado and California, we’re still pretty stable. But as we see creep in other parts of the nation, that should serve as a warning that we need to keep our guard up. 

Here’s the CDC link for updates on changes in the variant strain spread. As I noted, they stopped updating it. For me, that’s concerning. 

https://www.cdc.gov/coronavirus/2019-ncov/transmission/variant-cases.html. 

City Election – 2021 

This is a quote from the Arizona Supreme Court decision that was issued last week related to our local City elections:  

From statehood onward, the home rule charter provision has been continuously viewed as providing local autonomy to exercise charter granted authority over purely municipal concerns while preserving final state legislative authority over matters of joint municipal and statewide concern. 

In 2018, the state legislature passed yet another statute that was aimed at forcing us to conduct our local elections in even-numbered years. Since the inception of our Charter, we’ve held them in odd-numbered years. We will have a city council election this year. The state wanted us to push it to 2022.  

The question the Court had to answer was whether when we hold our local elections was something of purely “municipal concern” or if it was something the state had an interest in. If it was purely our stuff, our Charter prevails. 

The legislation said if we experienced a 25% drop off in voter turnout during the election we held in ‘19 vs. the following one the state conducted (Presidential) in ‘20, we had to change. We said local turnout in an election in which there were no statewide candidates shouldn’t be something the state legislature lost any sleepover. In the end, after having to spend your money defending your Charter again, the Court decided in the our favor. Maybe this time, the state legislators will get it – when and how we hold our elections isn’t their business. 

The primacy of home rule Charters dates back to 1910. At the time, they held a statewide constitutional convention. One of the take-aways was to stop treating cities “as mere creatures, agents or subdivisions” of the state. Here’s how the majority of the Court ruled in this most recent attempt by the legislature to usurp our local authority over our elections: 

Clint Bolick is the only Justice who dissented. He evidently feels the state constitutional provisions giving Charters standing should only apply in cases where the state decides it should. In response to his dissent, even this Ducey packed Court said this:  

¶18 As we pondered in Tucson IV, what’s left of the home rule charter provision under the dissent’s view? 242 Ariz. at 599 ¶ 44. The answer: not much. 

For context, Bolick’s wife is the state legislator who thinks the legislature should simply choose the President, not the voters.  

There are 3 city council seats up for election this fall. They include myself (Ward 6,) Fimbres (Ward 5,) and Paul Durham’s seat in Ward 3. 

Three Water Issues  

The My Water Pledge is a friendly way cities across the country can ‘compete’ to see whose residents are most committed to water conservation.  It’s simple to enter – you take the pledge by signing up at this link. It takes about 1 minute, and by entering, you become eligible to win hundreds of prizes. 

mywaterpledge.com 

You need to sign up by April 30th. Cities will compete against others that fall in similar population categories. In last year’s challenge, they awarded over $50K in prizes to 300 residents in cities across the country. 

It’s not a surprise to anyone reading this newsletter that we’re in the middle of a drought and that water conservation is one of the most important ways each of us can be a part of the long-term water supply solution. The challenge isn’t going to ask you to repipe your house. But there are easy ways you can conserve – 2 quick examples; don't let the water run while brushing your teeth, and be sure inexpensive items such as flapper valves in toilets are functioning properly. 

Please take the challenge. Protecting our water supply is something each of us should be participating in.  

PFAS 

The next ‘water issue’ is PFAS – the contaminant we’re working with the state and feds on managing in our groundwater. There’s little doubt that we have our local problem due to fire fighting foam that was dumped into the soil and into the wastewater system by activities taking place out on DM Air Force Base. 

Debbie Dingell and Fred Upton are legislators from Michigan. Remember Flint, Michigan, and their water disaster? It seems that got the attention of these two, and they’ve co-sponsored a bi-partisan bill addressing PFAS.  

Right now, PFAS is not considered by the EPA to be a contaminant with a maximum contamination drinking water standard level (MCL.) Without that, when contamination sites are identified, there are no federal dollars available through the EPA Superfund to help with remediation. The Dingell/Upton bill requires the EPA to set limits establishing a national drinking water standard and labeling PFAS chemicals as hazardous. And the bill would provide $200M annually to assist with treatment. 

A few years ago, I convened a meeting that included legal people both from within the city and from a national firm that’s involved with suing 3M and other PFAS manufacturers. As a result, we’ve joined a multi-jurisdictional lawsuit. That will take years. In the meantime, we’ve got work going on with the Arizona Department of Environmental Quality and the Defense Department to identify and treat contaminated sites out by DM. We know that remediation will cost far more than the ADEQ has allocated. Getting an MCL on PFAS will help free up added dollars. If you’d like to see a summary paper on the bill, please use this link:  PFAs Action Act. 

Imposter Water Employees 

My last water item is this warning. In the past few weeks, Tucson Water has received complaints of people coming to homes and asking to be allowed in so they can collect water samples. Tucson Water does not randomly send people to your door asking to get into your home.  

In these cases, the imposter says he needs samples from all water sources, including bathrooms off from bedrooms. People have found personal items missing after the person left with the phony water samples. So far, these incidents have been happening out on the east side. But be aware regardless of where you live. 

Tucson Water will only come to your home if they have an appointment to check into things such as water quality, water pressure, or high bills. They’ll always have an identification badge, be wearing a Tucson Water uniform, and they’ll be driving a TW marked vehicle. And it’s rare that they’d need to enter your home.  

Please be aware of this, and pass the word to neighbors. 

Physicians for Social Responsibility 

This is also water related. But the focus is on how we can all do our part in building resilient neighborhoods. Our 100 degree days are right around the corner, so this presentation is timely. 

We’ve seen brown-outs resulting from excessive heat and the demands that places on utility companies. When outages are caused by forest fires – regardless of the cause – they can last for long periods of time. We’ve got vulnerable populations living in every part of the city, so this topic is of wide concern. 

Please join Barbara Warren from Physicians for Social Responsibility as she leads a 1-hour presentation during which there will be a discussion on measures we can take to prepare for heat emergencies. There will be a Q&A and discussion following her presentation. 

The meeting takes place on Wednesday, 4/21, at 7 pm. It’ll be by Zoom, so please use this link to sign in:  

https://us02web.zoom.us/j/88061377001?pwd=bWFuZWMzYURPMXlVME93SGVZMzlVZz09    

Meeting ID:  880 6137 7001    Passcode: 369643   

Reopening at the Historic Depot 

Our friends at the Southern Arizona Transportation Museum are joining many others in the slow and safe reopening. On Saturday, May 8th, from 10 am until 4 pm, they’ll host another of their family-friendly fun days at the depot. 

Included in the day will be lots of kids’ activities, raffles, woodworking demonstrations, and of course, you and the kids can crawl all over Locomotive #1673. It’s free, and they’ll follow all CDC COVID guidelines throughout the day. The flyer below has all of their contact information. 

Gun Deaths – State Legislation 

The flag at our office has been at half-staff for weeks. It seems we hear of one mass shooting after another. Then it’s time for thoughts, prayers, and dropping flags to honor the victims. That’s not working. People continue to be killed by what are oftentimes random shooting events. 

Here are a few – 1 dead and 5 wounded in a Brant, Texas cabinet shop. Six dead in a Charlotte, South Carolina shooting. Included were a doctor and his wife, their 2 grandkids, and an air conditioning repair worker. And last weekend, there were 8 killed and 7 wounded in the Indianapolis Fed Ex warehouse killing spree. In response, our state legislature and governor have adopted HB2111 which simply says Arizona won’t adhere to any federal gun laws. We’re the wild wild west and autonomous from federal intervention. 

I’ve asked for a study session in which I hope to gain M&C support for a local ordinance or resolution that advises the governor and the state legislature that in Tucson, we will enforce federal gun laws. The memo requesting the item is shown below. 

I believe HB2111 will be found to be unconstitutional. Someone has to force that challenge. Given our local history with senseless killings at both our nursing school and a local Safeway, that someone might as well be us. 

This is an image I captured of Gabby Giffords as she was speaking on the topic of gun control. 

TPD Youth Chat 

We continue to see challenging situations between police departments and communities all over the nation. Locally there’s an effort to bridge the gaps, and that effort is being co-sponsored by the NAACP Tucson Youth Council, Goodwill REC Youth Center, the United Youth Leadership Council, AmeriCorps, and TPD.  

This upcoming meeting will be an opportunity to share ideas, educate, increase understanding of others’ perspectives, and to engage TPD with our local youth throughout that process. Yes, it’ll be Zoom. 

Building a relationship starts with communication. Please share this link with your young people and invite them to take part. I believe there are lots of other communities that can learn from how we do things in Tucson. This event is just one example. 

Registration Link: https://us02web.zoom.us/webinar/register/WN_bAaEOCNnQgubkdS0VTKfow 

I don’t have a wide-angle lens on my phone, so you can’t see the other cell pole that’s about 50’ to the east of the one on the right-hand side of the shot. So we have the street light, traffic control device, and 2 small cell poles all within 100’ of each other. That's visual pollution with a solution. 

We’re making some progress. I want to give Verizon credit for being the only telecom provider that has been willing to meet and work for solutions. AT&T and T-Mobile have been on the sidelines. I’m hoping to change all of that through the changes we’re making.   

Thanks to the Arizona Daily Star editorial board for printing this Guest Piece in the Sunday paper. Please contact your cell provider and TEP and express the importance of their continued involvement. 

Under the cover of their own internal bureaucracies and legislation bought with big corporate dollars, the telecom and electric industries are ruining the aesthetics of our residential neighborhoods while at the same time decreasing homeowner property values. 

The systematic rollout of 5G “small cell poles” was facilitated by both federal and state regulations. But as consumers, we are not without an ability to effect change. 

Industry has sold the Federal Communications Commission and state legislatures throughout the nation a present-day analog to the 1960s “space race.” The notion that we’ve got to be first in the international rollout of 5G has resulted in legislation being adopted that ignores the impacts thousands of 35-foot-tall steel cell poles scattered throughout residential neighborhoods will have. 

In Arizona, not surprisingly, our state legislature passed HB 2365, a bill that severely limits the kinds of local actions we can take that might either slow down the site selection process or compel the selection of sites that respect the character of our residential neighborhoods. 

My recent exchange with telecom and TEP representatives is illustrative of how industry fails to take seriously the impacts they’re causing. 

Under current Arizona state law, the city can impose reasonable restrictions on how close cell poles can be to other “vertical elements.” For example, we can require cell poles be no closer than 150 feet from street lights or other cell poles. 

What we cannot do is compel a specific location for a cell pole. Outside of the very general spacing guidelines we can implement, the companies are permitted by law to point to a spot in the public right of way and claim that ground for their pole. Under HB 2365, if the city delays issuing the permit for 75 days, the permit is assumed to have been approved. 

That same state law, however, specifically lists existing utility poles as allowable sites for the collocation of new cellular antennas. If the telecom company says they want to use a utility pole in the easement behind your home, according to state law, TEP cannot say no. 

But here’s the game that’s being played: 

TEP requires a Master License Agreement with each telecom provider before allowing collocation on their poles. That’s not a part of state law — it’s a TEP imposed requirement. We’re under a 75-day approval time limit. TEP says negotiating the MLA would take nine to 12 months. In addition, TEP has placed “design specifications” on their poles, leaving the utility with the ability to reject collocation on a given pole. That is contrary to the spirit, if not the letter of state law. 

During my recent exchange with the industry representatives, I was told TEP had not received any requests for collocation. When asked why, the telecom representatives said there wasn’t any point because they didn’t have the MLA, and the specifications for using poles were so restrictive that few, if any, would even be approved by TEP. 

Residents are the collateral damage of this industry game of internally imposing requirements that effectively take all options off the table — except for placing poles in front of your house. They’re playing a game of following the path to approval that requires the least effort on their part. Homeowners are paying the price. 

I reminded industry representatives that my constituents are their customers. Please reach out to your telecom provider and to TEP and demand they expedite a licensing agreement and that they do whatever is necessary to open up for consideration all existing utility poles for collocation. Cellular antennas belong in the easements behind your house, not outside your front yard. 

MOCA 2021 Genius Awards 

I’m grateful to close friend Randi Dorman for inviting me to take part in last weekend’s MOCA Genius awards. It’s a combination fund-raiser for the museum, plus recognition of local amazing people who are trendsetters in their respective fields. This year it was held both in person and by Zoom. You can see some of the winners as they appeared on-screen. 

Most importantly – the winners of the Genius Awards: 

Dante Lauretta, Principal Investigator for OSIRIS-REx NASA mission to grab samples of near-earth asteroid Bennu 

Valer Clark, environmental work focused on water conservation and creating habitat through the construction of more than 40,000 loose rock dams along the U.S./Mexico border 

U.S. Congresswoman Gabby Giffords, continuing to work on common-sense gun legislation. 

Las Mujeres de Manzo, Guadalupe Castillo, Margo Cowan, Isabel Garcia, and Raquel Rubio Goldsmith began their work on border and immigration issues back in the ’70s at the Manzo Area Council. Their work fits neatly in with all the work we’ve been doing to help asylum seekers to reach their sponsors/next of kin. 

Thanks to MOCA for recognizing this amazing group of people. They reflect the diverse fabric of who we are in Tucson. 

COVID on Campus  

Last fall, during the surge in COVID that was experienced around the UA campus, Robbins and his leadership team continued to ‘strongly encourage’ students living out in the community to be tested. The infectivity rate going north of 2 (every infected person was infecting more than 2 others) showed that encouragement wasn’t being widely acted on.   

Colleges across the nation are right now advising students that before they return to campus in the fall, they will be required to have been vaccinated for COVID. Vaccinations are already required for other infectious diseases. COVID should be treated the same. 

This is a list of schools that have already announced the requirement. Wouldn’t it be nice to see the UA join that list, so we don’t see a repeat of what happened last September when they invited 30,000 students back into the city. 

Each week I give a two-week look back at how the national risk assessment map has changed. The Harvard Global Health Institute map has more changes this week. This is what I had in the newsletter last week.  

Michigan continues to be all red. And there are more hot spots in the southeast, midwest, and the northwest. As I mentioned above, much of this is due to the new variants. 

Most of our local schools are now back to hybrid. If you want to track the risk factors guiding that decision, you can find them on the Pima County COVID site with this link:  https://webcms.pima.gov/cms/One.aspx?portalId=169&pageId=568644.   

Here’s our statewide map. I’ve been sharing these weekly for over a year now. In Pima County, we’ve now passed 114,000 COVID cases. 

In Pima County, we’ve lost over 2,300 friends and loved ones since this began. When we did the memorial event in Himmel last October, the number was 622. At the time, we planted a flag for each person. Now that field of flags would cover the entire hill we gathered on.  

Please keep focused on getting a vaccine and continuing to practice safe habits. We can see the finish line, but we’re not there yet. 

Pima County Health Department portal:  https://www.arcgis.com/apps/opsdashboard/index.html#/426baca70718453a9f63a4f85e545d8b 

The national CDC site: https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/index.html  

For the NY Times data sets, use this link:    

https://www.nytimes.com/interactive/2020/04/23/upshot/five-ways-to-monitor-coronavirus-outbreak-us.html 

You can find the Harvard data on this site: Harvard Global Health Institute Key Metrics   

The State Department of Health site is at this link: www.azdhs.gov. 

Track the advice on public schools through this link: https://www.azed.gov/communications/2020/03/10/guidance-to-schools-on-covid-19/  You can find all the dashboard information at the “School Reopening Public Health Benchmarks” spot. And here’s the UA daily update link. www.covid.arizona.edu. When it opens, click ‘See Latest Updates’ and it’ll take you to a screen with the updated data.