Nogales mayor: Still has car and still will travel

In the old days, there was a TV sitcom called “Car 54.” The City of Nogales now has its own version, which also has received television coverage, except this involves Car 572.

The mayor’s purported misuse of that city-owned vehicle culminated in the council voting Wednesday to take away the keys to the $40,000 Chevy Tahoe. It was breaking news on Channel 9 that evening.

Seems most members of the council are chagrined Mayor Octavio Garcia-Von Borstel has logged 58,000 miles in just 16 months. They had hoped the move would force him to find other means of transportation not subsidized by taxpayers.

Their efforts fell flat because after the meeting, the mayor, who has publicly proclaimed he can borrow his parents’ car if he has to, simply drove off in another city-owned SUV.

After the vote, Garcia-Von Borstel and his secretary, Victor Mendez, stepped outside city hall. The mayor was asked by a reporter if he was going to clear out his personal belongings from Car 572 and whether he needed a ride.

“Oh no,” said the mayor. “I have already been assigned another city vehicle.”

Later, Councilman Nubar Hanessian said, “Unbelievable. Next time, I will request an item on the agenda barring him from driving any city car.”

Hanessian along with Vice Mayor Arturo Garino and Councilwoman Esther Melendez Lopez led the charge on the agenda item to strip the Tahoe from the mayor until policy could be established governing the use of the specific vehicle.

Hanessian said he learned from staff after the meeting that City Manager Jaime Fontes, who was absent at the session, had assigned another city SUV to the mayor.

The council voted to “park” the Tahoe until policy could be established regarding the use of Car 572, originally purchased for the use of the mayor and the council.

Garcia-Von Borstel noted during the meeting that council members have never requested to use the SUV.

“We use our own cars,” said Melendez-Lopez.

She asked the mayor why he has the habit of not logging his miles when he fills the gas tank of the Tahoe at the municipal filling station. Garcia-Von Borstel shot back: “Show me the policy” that outlines that procedure.

He called Interim Public Works Director Flavio Gonzalez “to the stand,” said Garcia-Von Borstel, adding, “It sounds like we’re in court.”

Once at the podium, Gonzalez addressed the council saying that while there is a procedure and standard for logging the miles, he had never seen anything in writing. Garino, who is a former public works director, countered Gonzalez, saying he had implemented procedures during his tenure. But the spat died when the police chief and fire chief echoed Gonzalez’ remarks. The three department heads, however, noted that all their personnel log their miles.

The mayor had placed an item on the agenda to establish a city-wide policy, but Garino and Hanessian said they did not see the need. “The only problem is this car No. 572,” Hanessian said. “Everyone else logs their miles.”

An item that died on a three-way split vote was the mayor’s attempt to call for an outside agency to investigate whether Garino had a conflict of interest when he participated in discussions about restoring funds to the Santa Cruz County Superintendent’s Office.

Garcia-Von Borstel voted in favor, as did Councilmen Ramon Felix and Cesar Parada. Garino abstained and Hanessian, Melendez-Lopez and Councilwoman Olga Valdez voted against.

The mayor read minutes from a May 6 meeting in which Garino, who is an artist in residence funded by a grant received by the superintendent’s office, advocated for the payment.

In 2005, then Mayor Albert Kramer and City Attorney Lawrence Klose signed an agreement with the superintendent to allow a school to be built on city property east of the Monte Carlo subdivision. When Kramer lost the election, the late Mayor Ignacio J. Barraza killed a plan to construct a park where the school was to be located, thereby nixing the original agreement.

At the May 6 meeting, Superintendent Alfredo Velasquez claimed his office had incurred several thousands of dollars and requested payment. After an executive session on the issue, the council turned matter over to Interim City Attorney Jose Luis Machado.

But on Wednesday, the mayor read a portion of the minutes where Garino argues that the city reneged on the 2005 contract. “I really think that we have taken this one a little too far and I think we should address this issue as soon as possible; if not tonight, as soon as possible. But I strongly believe that �- we should give the man (Velasquez) his money.”

Garino said, “If you want to go fishing, you can go fishing. But I’m going to tell you now, the pond is dry.”

The mayor charged that Garino “abused his power” as a city councilman.

In other business, the council voted to have an independent audit of the mayor’s credit card charges. In addition, the city-issued credit cards of Garcia-Von Borstel and Deputy City Manager John E. Kissinger were taken away. Only the city manager, clerk and purchasing agent will carry charge cards from now on.

The move came after Hanessian questioned some of Garcia-Von Borstel’s charges.

During the meeting, however, Hanessian said, “A number of businesses are limiting the use of credit cards and company vehicles. “

“No problem,” said the mayor. “I will go along with this if it makes everyone’s life easier.”

Melendez-Lopez and Olivia Ainza-Kramer, director of the Nogales Santa Cruz County Chamber of Commerce, were called on by the mayor during the meeting to present invoices and records of expenditures of the Cinco de Mayo and Fiestas Patrias events in May and September. The pair spearheaded the community celebrations which were partially funded by the city.

In an interview, Garcia-Von Borstel said he asked the items be on the agenda. “The chamber has requested funding for the Charles Mingus Jazz Festival, and it was just a precautionary measure to ensure the financial records are in order.”

Asked if he was satisfied with the invoices submitted Wednesday night, including one from the Nogales International for $368 for advertising, Garcia-Von Borstel said without elaborating that he still had questions pending regarding the expenses.