Closed Caption Log, Council Meeting, 02/07/02

Note: Since these log files are derived from the Closed Captions created during the Channel 6 live cablecasts, there are occasional spelling and grammatical errors. These Closed Caption logs are not official records of Council Meetings and cannot be relied on for official purposes. For official records or transcripts, please contact the City Clerk at (512) 974-2210.

MAYOR GARCIA: I CALL THIS MEETING BACK TO ORDER. THERE'S A NOISE -- (MICROPHONE FEEDBACK) THERE WE GO. ARE YOU OKAY, MS. BROWN? CAN I SAY SOMETHING SO -- I GUESS WE ARE OKAY NOW? WE WILL NOW GO TO THE 1:30 P.M. CITIZENS COMMUNICATIONS, GENERAL. AND I WILL CALL THE NAME OF MR. WILLIAM J. THOMAS, WHO SIGNED UP TO SPEAK, BUT I AM NOTIFIED THAT HE WILL NOT BE SPEAKING BECAUSE HE WAS NOT ACCIDENT TO -- NOT ABLE TO GET TO THE COUNCIL MEETING. IS MR. THOMAS HERE? MR. WILLIAM J.SUPPOSE THOMAS. OKAY, SO HE WILL NOT BE SPEAKING TODAY. MIKE ALEXANDER. WELCOME. AND FOLLOWING MR. ALEXANDER, MS. JENNIFER GALE.

EXCUSE ME? GAWRSES WELCOME.

--

MAYOR GARCIA: WELCOME.

I JUST WANTED TO EXPRESS MY CONCERN WITH THE TERM LIMITS ORDINANCE. I'M SURE THAT I AM NOT ALONE IN SOME OF MY CONCERNS. I BELIEVE THE TERM LIMITS ORDINANCE IS SO RESTRICTIVE IT'S GOING TO HAVE A BAD EFFECT OVER THE LONG-TERM FOR AUSTIN, IT NEEDS CHANGES FOR IT. I THINK THIS MAY MIGHT BE A GOOD TIME TO PUT SOMETHING ON THE BALLOT TO TRY TO MAKE SOMETHING TO IT SINCE IT GOES INTO EFFECT FOR THE VERY FIRST TIME. I THINK IT'S SO RESTRICTIVE THAT IT WILL CAUSE A FREQUENT TURNOVER FOR COUNCILMEMBERS, AS A LONG RUN HURT THE COUNCIL AS A RESULT, MAKE IT MORE AFFECTED BY EXTERNAL INFLUENCE, AND TURN PEOPLE AWAY FROM CONSIDERING THE JOB. CONSIDERING THAT YOU DO SO MUCH MORE WORK, A LOT OF PEOPLE MAY CONSIDER IT'S ONLY SIX YEARS I CAN EVEN DO IT FOR, A LOT OF PEOPLE MAY NOT CONSIDER MAKING A GOOD AT IT. I THINK IN THE LONG RUN IT COULD HURT THE CITY QUITE A BIT. IN FACT I HAVE READ THREE ARTICLES IN THE LAST YEAR THAT ACTUALLY IS AFFECTING OTHER CITIES AS WELL. THEY ARE FINDING THEY ARE HAVING THE SAME PROBLEM WITH THEIR TERM LIMITS REQUIREMENTS. OUT OF COINCIDENCE, I SAW THREE DAYS AGO, I SAW A NEWSPAPER ARTICLE THAT EVEN ONE STATE REPEALED ITS TERM LIMITS ORDINANCE FOR THE VERY REASONS THAT IT'S CAUSING. I HAVE BEEN HERE A LONG TYPE, I KIND OF THINK THIS TERM LIMITS ORDINANCE DIDN'T COME UP FROM NOWHERE. THERE'S VERY PUBLIC DEVELOPER VERSUS ENVIRONMENTAL WARS GOING ON IN THE EARLY '90'S OVER THE AQUIFER WHEN RAMROD DEVELOPERS THOUGHT THEY WEREN'T GOING TO GET THEIR WAY, THEY DECIDED TO CLEAR OUT THE COUNCIL, THE PEOPLE THAT WERE STANDING IN THEIR WAY. THAT'S REALLY WHERE THIS TERM LIMITS ORDINANCE CAME UP FROM FOR THE CITY OF AUSTIN. AS MUCH AN ENVIRONMENTAL ISSUE AS ANY OTHER. SO BASICALLY I THINK IT'S SO RESTRICTIVE, YOU NEED TO MAKE CHANGES TO IT TO MAKE IT A LITTLE BETTER FOR AUSTIN. I THINK THE FIRST CHANGE THAT SHOULD BE MADE, YOU SHOULD AND.... ALLOW AT LEAST 3 TERMS, I THINK A NINE YEAR PERIOD IS BETTER TO GET THINGS DONE. I HAVE SOME ISSUES, BELIEVE ME, SIX YEARS DOESN'T SEEM LIKE MUCH TIME EVEN WITH THE ISSUES THAT I HAVE BEEN HAVING. SOME OF YOU COUNCILMEMBERS SERVED THREE TERMS, I BET YOU BELIEVE THAT'S A COMFORTABLE TIME TO HAVE A RUN ON THE COUNCIL. THE SECOND CHANGE THAT I THINK NEEDS TO BE DONE IS TO LOWER THE PETITION REQUIREMENT SO THAT YOU HAVE A BETTER CHANCE SO THAT WE VOTERS HAVE A BETTER CHANCE OF KEEPING GOOD COUNCILMEMBERS AROUND. AT THE MOMENT IT TAKES FIVE PERCENT OF THE REGISTERED VOTERS JUST TO BE ABLE TO STAY ON THE BALLOT, WHICH I UNDERSTAND WORKS OUT TO ABOUT 20,000 SIGNATURES TODAY. JUST FOR REFERENCE, IN THE LAST CITY COUNCIL ELECTION, 2,000 ONLY, 7% OF THE PEOPLE VOTED, WHICH WAS 38,000. SO ESSENTIALLY YOU HAVE GOT TO GET OVER HALF THE PEOPLE THAT WOULD EVEN GET OUT AND VOTE TO SIGN A PETITION JUST SO YOU CAN STAY ON THE BALLOT. THE COUNCIL -- THE ELECTION BEFORE THAT, 1999, ONLY 8% OF THE PEOPLE VOTED, THAT WAS ONLY 34,000 PEOPLE AT THE TIME. JUST FOR REFERENCE, THREE COUNCILMEMBERS THAT ARE UP -- THAT ARE SUBJECT FOR THE TERM LIMITS FOR THE FIRST TIME -- [BUZZER SOUNDING]

OH, ANYWAY, I THANK YOU.

MAYOR GARCIA: THANK YOU.

OKAY.

MAYOR GARCIA: MS. JENNIFER GALE AND FOLLOWING MS. GALE MR. DAN L. SULZ DER.

HI, AUSTIN, CITY MANAGER, TOBY FUTRELL, MY FORMER OPPONENT, MAYOR GUS GARCIA, MY FORMER ONLY POINT BEVERLY GRIFFITH, COUNCILMEMBERS, CITY STAFF, I'M A CANDIDATE FOR THE UNITED STATES HOUSE OF REPRESENTATIVES FOR THE 10TH CONGRESSIONAL DISTRICT. I'M JENNIFER GALE. I'M HERE TODAY TO OFFICIALLY ANNOUNCE THAT I AM A CANDIDATE FOR THE AUSTIN CITY COUNCIL, PLACE 1. SINCE NOVEMBER 11TH, 2001, I HAVE COLLECTED ENOUGH VERIFIED SIGNATURES TO GET ME ON THE MAY 4TH BALLOT. THE NUMBER IS 178. THANK YOU TO ALL OF THOSE LIVING IN AUSTIN THAT HELPED ME GET ON THE BALLOT. TODAY I'M ASKING THE AUSTIN CITY COUNCIL TO PUT 32 COUNCILMEMBERS ON THE AUSTIN CITY COUNCIL TO CREATE A GEOGRAPHICALLY REPRESENTATIVE COUNCIL. EACH AREA OF AUSTIN WITH THEIR OWN REPRESENTATIVE. NO PORTION OF AUSTIN WILL FEEL DISEND FRANCHISED BECAUSE THERE ISN'T A PERSON THAT WILL REPRESENT THEIR IDEAS AND THEIR ISSUES. THAT THEY WILL BE ABLE TO CAMPAIGN IN A DISTRICT WITH 21,000 CONSTITUENTS. I NEED TO ESTABLISH TERM LIMITS -- A NEED TO ESTABLISH TERM LIMITS WOULD BE UNNECESSARY BECAUSE THERE WOULD BE 32 DISTRICT. THERE MAY BE EVEN A TIME WHEN WE WOULD BE LOOKING FOR PEOPLE TO RUN IN THOSE DISTRICTS. SO A PERSON WISHING TO BE ON OUR CITY COUNCIL WILL HAVE THAT OPPORTUNITY. A PERSON WILL KNOW THE ISSUES GERMANE TO AN AREA, WHICH WILL BE GOOD WHEN THEY GET ON OUR BOARDS AND COMMISSIONS BECAUSE THERE ARE 60 OF THEM, I'M ASKING THAT THOSE 32 MEMBERS OF THE AUSTIN CITY COUNCIL WORK ON THOSE BOARDS AND COMMISSIONS AND REPORT BACK TO THE COUNCIL. SO THAT -- THAT THEY CAN BE DEBATED BEFORE THE PUBLIC. IT WILL -- THE AREAS WILL BE SMALL ENOUGH TO FOCUS ON ANY OF THE LARGER QUESTIONS. I'M ALSO ASKING FOR A POWER MAYOR GOVERNMENT. I KNOW SOME OF YOU AREN'T COMFORTABLE WITH THAT. BUT I'M ASKING THAT WE BRING IT BEFORE THE VOTERS. AS -- AS AN ALTERNATIVE. THE CHARTER REVIEW COMMISSION DIDN'T DISCUSS ALTERNATIVES. SUCH AS AN ALTERNATIVE TO THE FOUR-YEAR TERM FOR MAYOR, BEING A TWO-YEAR TERM OR -- OR REMAINING A THREE -- WELL, IT WOULD REMAIN A THREE YEAR TERM. AND I'M SUGGESTING THAT A SMALLER TERM FOR MEMBERS OF OUR OFFICE WILL ALLOW FOR POLICY MAKERS TO BE HIRED AND FIRED, WHEREAS NOW IT TAKES EVERY THREE YEARS. I'M RUNNING FOR CITY COUNCIL AND I'M ASKING FOR YOUR SUPPORT. FOR MY USUAL ISSUE OF PROACTIVE HEALTH CARE, MORE BETTER EDUCATED OFFICERS, NO LIGHT RAIL, NO DEREGULATION, GENTRIFICATION TAX ABATEMENT, BIKE AVENUES, TOWNS AND VILLAGES, OUR OWN NEWSPAPER, COMPREHENSIVE SECONDARY EDUCATION, LET'S PUT ALL OF OUR CHILDREN INTO COLLEGE. THANK YOU VERY MUCH FOR LISTENING TO ME, PLEASE CONSIDER THAT AS AN ALTERNATIVE TO THE MAY 4TH BALLOT. [BUZZER SOUNDING]

MAYOR GARCIA: THANK YOU, MS. GALE.

MR. DAN SULZER, FOLLOWING MR. SULZER IS MR. GUS PENA. WELCOME, SIR.

THANK YOU FOR LETTING ME SPEAK. IT'S GETTING LIKE OLD HOME WEEK. I'M HERE JUST ABOUT EVERY TIME. I'M HERE TO LET YOU KNOW THAT -- THAT IF YOU PASS THIS AMENDMENT TO THE BRACKENRIDGE LEASE, I'M GOING TO BE HERE UNTIL WE CLEAN UP THE MESS. LIKE A BUZZARD ON A ROAD KILL, I'M GOING TO STAY HERE UNTIL THE MESS IS CLEANED UP. I STILL BELIEVE THAT THIS AMENDMENT WILL CREATE A SITUATION THAT IS ILLEGAL. AND THAT DOES DISCRIMINATE AGAINST PEOPLE. I STILL THINK THAT WE HAVE NOT ADDRESSED THE ISSUE OF CHILDREN AND OF MALES. WE HAVE ONLY ADDRESSED THE ISSUE OF FEMALES TO SOME SMALL......DEGREE AND -- SOME SMALL DEGREE AND I HAVE A NUMBER OF OTHER QUESTIONS CONCERNING THE LEGALITY OF THIS PARTICULAR THING. NOW, WE CAN CONTINUE AND WE CAN ALIGN OURSELVES WITH THE CATHOLIC CHURCH THAT I REFER TO AS THE WHITE TALIBAN, AND WE CAN CONTINUE TO PUT OURS AT RISK. BUT LET ME TELL YOU SOMETHING, PEOPLE, YOU LIE DOWN WITH DOGS, YOU ARE GOING TO GET UP WITH FLEAS. THE ACLU HAS ALREADY WARNED SETON THAT IF THEY DO NOT DISCLOSE THE PUBLIC FUNDING THAT THEY ARE RECEIVING, THAT THEY STAND TO LOSE IT. IF WE ARE IN PARTNERSHIP WITH THEM, WE NOT ONLY STAND TO LOSE THE PUBLIC FUNDING FOR HEALTH CARE, BUT THE PUBLIC FUNDING FOR EVERYTHING ELSE. THERE IS NO LAW IN THE UNITED STATES THAT SUPERSEDES FEDERAL LAW. AND FEDERAL LAW SAYS THAT EVERYONE MUST BE REPRESENTED EQUALLY AND EVERYONE MUST RECEIVE PUBLIC SERVICES EQUALLY. THIS AMENDMENT DOES NOT DO THAT. IT IS SEPARATE, BUT EQUAL. AND IT VIOLATES THE CIVIL RIGHTS OF WELCOME, IT DISCRIMINATES AGAINST WOMEN, IT VIOLATES THE CIVIL RIGHTS OF CHILDREN, MALE AND FEMALE, IT DISCRIMINATES AGAINST CHILDREN, IT VIOLATES THE CIVIL RIGHTS OF MEN AND IT DISCRIMINATES AGAINST MEN. IT DISCRIMINATES AGAINST EVERYONE. SETON HAS DONE A WONDERFUL JOB WHERE THEY HAVE DONE THE JOB LEGALLY. BUT WHERE THEY HAVE NOT, THEY HAVE DONE A VERY POOR JOB. AND I SAY THIS TO YOU, ALL OF YOU PEOPLE WHO ARE OF MIERCHTD STATUS, WHAT ARE YOU GOING TO TELL YOUR PEOPLE WHEN THEY ASK YOU WHY? WHY WHEN YOU ROSE ON THE SWEAT OF OUR BACKS, WHY DO WE STILL HAVE THIS IN OUR HAND, WHY HAVE WE GONE BACK TO THIS? THAT IS EXACTLY WHAT YOU ARE SENDING US BACK TO. THANK YOU VERY MUCH.

MAYOR GARCIA: THANK YOU, MR. SULZER. MR. GUS PENA, FOLLOWING MR. PENA, MS. BETTY EDGEMOND.

GOOD AFTERNOON. THANK YOU, MR. MAYOR, WELCOME TO YOU, SIR. THE REST OF THE COUNCILMEMBERS. GOOD AFTERNOON, GUS PENA, PRESIDENT OF EAST AUSTIN CONCERNED HISPANICS AND SECOND VICE-PRESIDENT OF THE RAINBOW COALITION, LOCAL ORGANIZATION OF A STATE-WIDE COALITION. TO MY RIGHT IS MY HANDSOME BOY LUCIO WHO ATTENDS DAWSON ELEMENTARY. MR. MAYOR, COUNCILMEMBERS, MR. CITY MANAGER, WHOMEVER IS HERE FROM SETON AND CITY STAFF WHO DEALS WITH BRACKENRIDGE HOSPITAL ISSUES, LET ME TELL YOU ABOUT AN INCIDENT THAT OCCURRED AT THE EMERGENCY ROOM AT BRACKENRIDGE HOSPITAL. CASE SCENARIO, I WANT -- I WON'T DIVULGE NAMES. YOU HAVE A LADY WHO GOES INTO THE BRACKENRIDGE HOSPITAL, INDIGENT FLOOR, HOMELESS, DOESN'T HAVE INSURANCE. TREATED WITH DISRESPECT. CONTINUED TO ASK HOW ARE YOU GOING TO PAY FOR THIS BILL. NUMBER 2, WHERE DO YOU LIVE? ONCE YOU DECLARE YOURSELF INDIGENT, HOMELESS, YOU DON'T ASK THAT QUESTION. THERE'S NOT A NEED TO KNOW AS FAR AS HER ER ISSUES ARE CONCERNED. ANYWAY, SHE'S TREATED AND SEEN BY A PHYSICIAN AS A -- HAS A VERY SORE THROAT, A BAD CAN YOU HAVE, COMPLAINS BECAUSE ALL THIS LED TO -- TO A TOOTH ACHE, SHE'S ONLY GIVEN VICODIN. PHARMACEUTICALS, NOT GIVEN ANYTHING FOR THE COUGH, FOR INFECTION, NOT EVEN A BOOSTER SHOT. GOES TO SEE THE COUNSELOR. THE COUNSELOR SAID YOU ARE LIABLE FOR A $400 PAYMENT. SHE SAID, WELL, I'M INDIGENT, NOT ABLE TO PAY, I DON'T HAVE A JOB. HE SAID, "WELL, WE WILL SEE ABOUT THAT. YOU CAN MAKE PAYMENTS, BUT YOU ARE STILL LIABLE FOR THE $35 PAYMENT." THAT'S UNACCEPTABLE. THE CITY OF AUSTIN, I REMEMBER WHEN WE WORKED ON THIS ISSUE WHEN CAMILLE BARNETT LEFT IN 1994, SPECIFICALLY STATED THAT THE POOR AND THEY ARE NOT ABLE TO PAY, DON'T PUSH THAT ISSUE ON THEM. BUT IT CONTINUES TO BE PROLIFERATED, THAT'S DISCRIMINATION, HARASSMENT. THE LACK OF RESPECT OF SOME OF THE STAFF OVER AT THE ER ROOM IS UNACCEPTABLE, ESPECIALLY ONE OF THE NURSES NAMED -- HER NAME IS KATHY. ANYWAY, EAST AUSTIN CONCERNED HISPANICS FILED A GRIEVANCE WITH DR. PATRIOT HAYS OF SETON THIS IS UNACCEPTABLE. I AM HOPING THAT YOU AND THE CITY OF AUSTIN REMEMBER THIS AND UNDERSTAND THE FACT THAT THE CITY OF AUSTIN PROVIDES MILLIONS FOR CARE FOR ITS INDIGENT PATIENTS. THIS TREATMENT IS UNACCEPTABLE. REMEMBER SOCIETY'S WORTH WILL BE MEASURED BY ITS TREATMENT OF THE LESS FORTUNATE. YOU WILL BE HELD ACCOUNTABLE BY THE LORD HIMSELF. I WANT TO APPLAUD COUNCILMEMBER WYNN FOR HIS ARGUMENTS ON THE SINGLE MEMBER DISTRICT. WE ARE IN SUPPORT OF SINGLE MEMBER DISTRICTS, IT BEING PLACED ON THE BALLOT. LET THE VOTERS DECIDE. BUT WE ARE IN FAVOR OF IT. I RAN FOR COUNCIL IN '96 AND '97, HAD THERE BEEN SINGLE MEMBER DISTRICTS IN '97, I WOULD BE A CITY COUNCIL MEMBER. NO PROBLEM. I WON ALL BUT TWO BOXES AND A MILLIONAIRE ONE TWO OF THEM. DID VERY WELL IN SOUTHWEST AUSTIN, NORTHWEST AUSTIN. SO, YOU KNOW, THERE'S A -- THERE'S MERIT THERE, THE NAY SAIERS -- SAYERS CLAIM IT'S DISCRIME TERRI, THE MASSES WILL -- DISCRIMINATORY. I'M TEACHING CIVICS 101 TO LUCIO OWE LOAM WRAP UP. BRACKENRIDGE HOSPITAL, PLEASE WORK ON THIS ISSUE, WE ARE IN FAVOR OF SINGLE MEMBER DISTRICT. WE WILL BE HERE LATER TO TO SPEAK TO THAT ISSUE, THANK YOU, MAYOR.

MAYOR GARCIA: MS. BETTY EDGEMOND IS THE LAST SPEAKER. GENERAL CITIZENS COMMUNICATION.

I'M BETTY EDGEMOND, THE HANDOUT THAT I'M HANDING TO YOU WAS HANDED TO US AT OUR FIRST COMMUNITY PANEL MEETING OF THE PEOPLE THAT WANT THE CAMPUS IN SOUTH AUSTIN. ACTUALLY IT WAS -- I THINK THAT WAS PART OF THE PRESENTATION WHEN THEY MADE THE BID. AND YOU CAN JUST BASICALLY SEE WHAT SQUARE FOOTAGE AND STUFF I'M TALKING ABOUT. BUT IN -- IN NOVEMBER, 2001, AUSTIN COMMUNITY COLLEGE BOARD OF TRUSTEES APPROVED THE PURCHASE OF THE OLD ALBERTSON'S STORE AT STASSNEY LANE AND MANCHACA ROAD. IN JANUARY, THE -- 2002, THE SAME BOARD APPROVED THE APPOINTMENT OF CITIZENS TO THE SOUTH AUSTIN COMMUNITY ADVISORY COMMITTEE. AT THE PRESENT TIME, WE HAVE ABOUT 12 PEOPLE 'EM PANELED. I THINK THIS IS THE FIRST TIME A.C.C. HAS A COMMUNITY COMMITTEE, KIND OF GUIDING THEM. HUM. AND ALL LIVING OR WORKING IN SOUTH AUSTIN. FOR YEARS I WAS THE LOAN VOICE ASKING -- THE LONE VOICE ASKING THAT A CAMPUS BE LOCATED IN FAR SOUTH AUSTIN. ONLY A FEW TRUCE.......... TRUCE COMMUNITIES HEARD ME. TRUSTEES HEARD ME. I FOUND OUT TWO GRANDMOTHERS WORKING TOGETHER HAD POWER. I DON'T REMEMBER WHO SUGGESTED THE OLD ALBERTSON'S AS AN A.C.C. CAMPUS, BUT IT SEEMED JUST RIGHT, I'M REALLY GLAD TO SAY THE A.C.C. BOARD AND STAFF THOUGHT IT WAS JUST RIGHT, TOO. THIS PROPERTY IS ACROSS THE STREET FROM CROCKETT HIGH SCHOOL, BUT IT ALSO COULD SERVE TRAVIS AND AKINS AND BOWIE STUDENTS IN THEIR JOINT COLLEGE PREP HERE YEAR. THERE'S A LOT OF GOOD THINGS GOING FOR THIS PIECE OF PROPERTY. IT'S IN THE DESIRED DEVELOPMENT ZONE, SMART GROWTH AS I ENVISIONED IT, ON MAJOR BUS ROUTES, IT'S SURROUNDED BY PLACES TO EAT AND RETAIL STORES. JUST ABOUT EVERYTHING IS THERE. YOU CAN GET YOUR DOG GROOMED, YOUR -- YOU KNOW, LUBED, ALL AT THE SAME TIME WHILE YOU ARE IN CLASS. YOU KNOW, IT'S GOT A LOT OF THINGS GOING FOR IT. THE BEST PART OF IT IS I'M NOT ASKING FOR A HANDOUT. I'M NOT ASKING YOU FOR ANY MONEY. I'M JUST TELLING THAT YOU -- THAT IT'S GOING TO BE THERE. EVENTUALLY IT'S GOING TO BE THERE. WE WANT IT THERE PRETTY FAST. ANYWAY, WE DON'T HAVE TO FOLLOW ANY S.O.S. ORDINANCE, WHICH IS ALSO A GOOD THING, BECAUSE I WOULD HATE TO SEE YOU ALL GO TO COURT. BUT TO THE COUNCILMEMBERS WHO THINK ONLY MINI STORAGE WAREHOUSES SHOULD BE LOCATED IN FAR SOUTH AUSTIN, I'M SORRY TO DISAPPOINT YOU. THIS CAMPUS WILL BE BEAUTIFUL, IT WILL NOT HAVE ANY MINI STORAGE WAREHOUSES AND IT WON'T HAVE ANY CHAIN LINK FENCES. I'M INVITING YOU TO ATTEND THE PUBLIC FORUM AT CROCKETT HIGH SCHOOL ON WEDNESDAY, MARCH 6TH, WHEN HOPEFULLY WE WILL HAVE A HUGE TURNOUT OF PEOPLE, AUSTIN CITIZENS, TELLING US WHAT THEY WOULD LIKE TO SEE AT THAT CAMPUS AND HOW THEY WOULD LIKE TO SEE US -- US GROW. [BUZZER SOUNDING]

THANK YOU VERY MUCH.

THANK YOU. THANK YOU, MS. EDGEMOND.

BY THE WAY, IF THERE'S ANY QUESTIONS, THERE IS A WEBSITE, BUT I DON'T HAVE ALL OF THE DOTS AND ALL OF THAT STUFF. AND THERE'S -- IT'S GOING TO BE POSTED, YOU CAN GET TO IT THROUGH THE A.C.C. WEBSITE.

MAYOR GARCIA: THANK YOU, MS. EDGEMOND.

THANK YOU.

MAYOR GARCIA: THAT'S ALL OF THE CITIZENS THAT SIGNED UP UNDER CITIZENS COMMUNICATION, GENERAL. AND NOW WE WILL GO INTO READING OF CHANGES AND CORRECTIONS. ITEM NO. 40, THAT'S ON THE COUNCIL AGENDA, WILL NOT BE ACTED ON, THERE'S NO APPOINTMENTS TO BOARDS AND COMMISSIONS. AND THEN WE HAVE TIME CERTAIN ITEMS AT 1:30, CITIZENS COMMUNICATIONS, WHICH WE HAVE DONE. AT 3:30, ITEM 13, APPROVE A RESOLUTION THOWRZING EXECUTION OF AN AMENDMENT TO THE BRACKENRIDGE HOSPITAL LEASE AGREEMENT, AUTHORIZING. AT 4:00 P.M. WE HAVE ZONING. 5:30 P.M. LIVE MUSIC AND PROCLAMATIONS THE AND AT 6:00 P.M. WE HAVE A PUBLIC HEARING ON ITEMS 41 AND 42. GOING BACK TO THE AGENDA ITSELF, IS THERE -- ARE THERE ANY ITEMS THAT THE COUNCIL WILL BE BRINGING UP FOR THE NEXT COUNCIL MEETING? I WILL START FIRST WITH THE CITY MANAGER AND THEN GO TO THE COUNCILMEMBER.

THE ONLY ITEM, MAYOR, IS THE -- THERE'S A LOT OF ITEMS, BUT THE ONE THAT'S WE WANT TO CALL YOUR ATTENTION TO IS THE TAX [INAUDIBLE], WHICH WE WILL HAVE ON NEXT WEEK'S AGENDA.

MAYOR GARCIA: COUNCILMEMBERS, DO YOU HAVE ANY ITEMS THAT YOU WILL BE BRINGING TO THE -- FOR THE COUNCIL CONSIDERATION IN THE NEXT COUPLE OF WEEKS? ANYBODY?

WYNN: YES, MAYOR.

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: PROBABLY THE LAST WEEK IN FEBRUARY, THE 28TH, I WILL BE BRINGING FORTH SOME TYPE OF ITEM FROM COUNCIL THAT RELATES TO A PROPOSED PROJECT IN EAST AUSTIN CALLED THE FIRST T PROJECT, WHICH IS A LIFE SKILLS AND GOLF FACILITY FOR DISADVANTAGED CHILDREN TO BE BUILT ADJACENT TO THE -- THE NEW YMCA BRANCH OVER ON ED BLUESTEIN. THERE'S A -- THERE'S A HANDFUL OF -- OF POTENTIAL VARIANCE REQUESTS, THE CITY WATERSHED PROTECTION, DEPARTMENT STAFF IS OUT THERE TODAY TOMORROW, ACTUALLY TRYING TO ITEMIZE WHAT THOSE MIGHT BE. TO THE EXTENT THAT THERE ARE SOME VARIANCES, I WILL BE BRINGING THOSE FORWARD BECAUSE OF THE TIME CONSTRAINT WITH THAT PROJECT.

MAYOR GARCIA: THANK YOU, COUNCILMEMBER. ANYBODY ELSE? OKAY. THE NEXT ITEM IS THE -- IS THE READING OF THE CONSENT AGENDA. MS. BROWN?

CLERK BROWN: MAYOR, I HAVE BEEN INFORMED THAT THERE IS ONE MORE CHANGE AND CORRECTION. ON ITEM NO. 17, THE DOLLAR AMOUNTS ONLY CHANGE. THE CORRECT AMOUNT STARTED WITH 812 SPRINGDALE ROAD IN THE AMOUNT OF 14,284,200 PLUS -- PLUS 419,250 CONTINGENCY FUND FOR A TOTAL AMOUNT NOT TO EXCEED 14,701,450. FUNDING IN THE AMOUNT OF $14,701,450.

MAYOR GARCIA: I DIDN'T GET THE CHANGE OR CORRECTION.

CLERK BROWN: THE WAY THE AGENDA WAS WRITTEN, THOSE DOLLAR AMOUNTS WERE DIFFERENT, SO I WAS READING IN THE CORRECT DOLLAR AMOUNTS. 14,282,200.

GARZA: 200, OKAY.

MAYOR GARCIA: THAT'S WHAT I HAVE ON MY AGENDA.

GARZA: I HAD 13,975.

MAYOR GARCIA: OKAY. DID EVERYBODY GET THOSE NUMBERS.

THE TOTAL, SHIRLEY, BECOMES 14,701,450. WE WILL ASK PUBLIC WORKS WHY THOSE NUMBERS WEREN'T RIGHT AT THE GET-GO.

MAYOR GARCIA: LET ME ANNOUNCE, THERE'S ONE SPEAKER, MR. WINFRED KELSEY THAT'S HERE TO SPEAK ON ITEM NO. 35. IF ANYBODY WANTS TO SPEAK ON THE CONSENT AGENDA, PLEASE GO TO THE CLERK AND -- IN THE LOBBY AND SIGN A CARD LIKE THIS. SO I CAN -- SO I CAN CALL YOU AT THE TIME THAT -- THAT WE CONSIDER ACTION ON THE CONSENT AGENDA. OKAY.

GOODMAN: MAYOR, I WAS GOING TO ASK TO PULL ITEM 35.

MAYOR GARCIA: I'M SORRY?

GOODMAN: I WAS GOING TO ASK TO PULL ITEM 35.

MAYOR GARCIA: 35. OKAY. SO -- ITEM NO. 35, MR. KELSEY, IS HE HERE? MR. KELSEY?

[INAUDIBLE - NO MIC]. GARCIA HEAR YOU, CAN YOU COME UP HERE. IS MR. KELSEY HERE? WINFRED KELSEY. IS THAT YOU?

YES, SIR.

I AM WINFRED KELSEY. IF -- IF THE ITEM IS BEING PULLED, I AM OKAY TO SPEAK. LAST TIME THE PUBLIC HEARING WAS CLOSED, SO -- BUT WE ALL SPOKE ANYWAY, SO THAT'S WHY I SIGNED THE CARD.

MAYOR GARCIA: I --

GARZA: IT'S BEEN PULLED FOR DISCUSSION.

MAYOR GARCIA: IT'S BEEN PULLED FOR DISCUSSION THAT MEANS WE WILL TAKE IT UP AS WE TAKE UP THE DISCUSSION ITEMS. MAYOR PRO TEM GOODMAN PULLED IT, SO I WILL PUT YOUR CARD IN THE ITEM.

THANK YOU.

CLERK BROWN: THE CONSENT AGENDA STARTS WITH ITEM 16, FOR 2ND AND 3RD READING, ITEM 18 --

MAYOR GARCIA: LET ME STOP YOU THERE. ON ITEM NO. 13, I MEAN ITEM NO. 16, AS I UNDERSTAND IT, THERE IS A VALID PETITION. AND ALICE, CAN YOU EXPLAIN THIS? BECAUSE -- BECAUSE I HAVE A -- SOME NOTES PERTAINING TO AN AGREEMENT THAT MAY HAVE BEEN REACHED BY THE -- BY -- BY THE PERSON THAT FILED THE PETITION. AT THE CITY?

YES, SIR. WE HAVE A LETTER FROM THE NEIGHBORHOOD ASSOCIATION INDICATING THAT THE -- THAT THEY ARE IN SUPPORT OF -- OF THE APPLICANT'S REQUEST, WHICH IS TO ALLOW AUTOMOTIVE SALES AND AUTOMOTIVE RENTALS AND TO KEEP THE OTHER CONDITIONAL USES. THE APPLICANT, WHILE HE HAS A VALID PETITION INDICATES THAT IF COUNCIL APPROVES THE ZONING AS SUPPORTED BY THE NEIGHBORHOOD, THEN -- THEN THE PETITION GETS WITHDRAWN. BUT THAT'S -- THAT'S KIND OF AWKWARD BECAUSE YOU HAVE TO --

MAYOR GARCIA: SO LET ME READ INTO THE RECORD THE WAY THAT THIS MOTION, THAT -- IF WE APPROVE IT WOULD READ. IT'S -- WE WOULD ADD WITH THE PROVISION TO REMOVE AUTOMOTIVE SALES AND AUTOMOTIVE RENTAL AS CONDITIONAL USES. TO REMOVE THOSE AS REFERENCED IN PARAGRAPH -- PART 4, PARAGRAPH 2 OF THE ORDINANCE. UNLESS SOMEBODY WOULD LIKE TO PULL THAT FOR DISCUSSION, THAT WILL BE INCORPORATED INTO THIS -- INTO THIS CONSENT ITEM. MS. BROWN?

CLERK BROWN: CONTINUING WITH THE CONSENT AGENDA THEN, ITEM 19 IS POSTPONED TO FEBRUARY 28TH, 2002.

MAYOR GARCIA: 19 POSTPONED TO FEBRUARY 28TH, '02. OKAY.

CLERK BROWN: ITEM 21, 22, SECOND READING ONLY, 23, 24, 25, 26, 27, 28, 29, 30 HAS BEEN POSTPONED INDEFINITELY, 33 --

MAYOR GARCIA: 30 HAS BEEN POSTPONED?

CLERK BROWN: YES, SIR.

MAYOR GARCIA: THIS IS JUST TO SET A PUBLIC HEARING. ARE WE POST TONIGHTING................ POSTPONING THAT. CAN ANYBODY ADDRESS THAT?

THE CONSULTANT IS NOT ABLE TO BE HERE ON THE 28TH. ORIGINALLY THE WORK SESSION GROUP [INAUDIBLE - NO MIC] TRYING TO COORDINATE --

MAYOR GARCIA: POSTPONED INDEFINITELY, PENDING OWE OWE FINDING OUT WHEN THE CONSULTANT IS AVAILABLE. VERY GOOD.

CLERK BROWN: 33, 34,37, 38, --

MAYOR GARCIA: LET ME STOP YOU ON 38. DISCUSS AND APPOINT AN ADDITIONAL TWO JUDGES FOR THE 2002-2003 APPOINTMENT TERM. THE JUDGES ARE MR. KIRK KIRKENDALL AND MS. KATHERINE BEN EUA DANIELS. I THINK BOTH OF THEM ARE HERE. WELCOME, THANK YOU. THANK YOU FOR COMING.

MAYOR GARCIA: OKAY.

CLERK BROWN: 39. THAT CONCLUDES THE CONSENT AGENDA.

GLASGO: MAYOR?

MAYOR GARCIA: LET ME MAKE ONE CORRECTION. ITEM NO. 22 WILL BE PULLED FOR DISCUSSION. THAT'S PULLED BY ME. THAT'S ALL THE ITEMS, CORRECT?

CLERK BROWN: YES, SIR.

SLUSHER: MAYOR?

MAYOR GARCIA: COUNCILMEMBER SLUSHER?

SLUSHER: THANK YOU, MAYOR. MY QUESTIONS HAVE BEEN ANSWERED TO THE TUSCANY WAY ITEMS, SO I WOULD PUT BACK ON 20, 31 AND 32.

MAYOR GARCIA: 20, 31 AND 3 ARE BACK ON THE CONSENT AGENDA. 20, 31 AND 32 ARE BACK ON THE CONSENT AGENDA. OKAY. HERE WE GO. THE CONSENT AGENDA IS AS FOLLOWS: ITEM NO. 16 FOR SECOND AND THIRD READING WITH THE AMENDMENT THAT WAS READ INTO THE RECORD. WHAT DID YOU TELL ME ABOUT 128?

CLERK BROWN: IT IS ON THE --

MAYOR GARCIA: WHAT DID YOU TELL ME ABOUT 18?

CLERK BROWN: IT IS ON THE CONSENT.

MAYOR GARCIA: 18, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, -- TO POSTPONE INDEFINITELY -- 31, 32, 33, 34, 37, 38, 39, WE ARE NOT ACTING ON 40, SO 40 IS TAKEN OFF THE AGENDA.

CLERK BROWN: THAT'S CORRECT.

MAYOR GARCIA: THAT DOESN'T NEED AN ACTION ON THE PART OF THE COUNCIL OTHER THAN TO ANNOUNCE THAT WE ARE NOT CONSIDERING THAT ITEM TODAY.

GARZA: MAYOR, 19, WHICH IS THE AVIATION ITEM, I SHOW HERE POSTPONEMENT UNTIL MARCH THE 7TH. IT WAS -- IT WAS REQUESTED BY A COUNCILMEMBER TODAY TO -- IF IT'S AT ALL POSSIBLE TO MOVE IT TO THE 7TH. WE ARE FINE WITH THAT.

MAYOR GARCIA: ITEM NO. 19?

GARZA: WE WOULD ASK THAT TO GO ON CONSENT.

MAYOR GARCIA: POSTPONEMENT TO 3-7-02, THE ONE THAT'S GOING BACK --

GARZA: YES, SIR, WITH THE FULL ORDINANCE SO THEY CAN SEE BOTH SIDES, BOTH ISSUES, RIGHT.

MAYOR GARCIA: OKAY. SO 19 IS CONSENT ITEM FOR POSTPONEMENT UNTIL MARCH THE 7TH, '02. DO WE HAVE ANY SPEAKERS ON THE CONSENT AGENDA? MR. TOMMY EDEN, WELCOME.

THANK YOU, MAYOR GARCIA AND COUNCILMEMBERS, MY NAME IS TOMMY EDEN, I'M ON THE URBAN TRANSPORTATION COMMISSION. I AM HERE TO SPEAK ABOUT ITEMS 20, 31 AND 32, CONSTRUCTION OF TUSCANY WAY. AS YOU MAY RECALL LAST SPRING, THE COUNCIL DIRECTED THE CITY MANAGER TO -- TO BRING ISSUES OF TRANSPORTATION TO THE URBAN TRANSPORTATION COMMISSION. THIS -- THIS ISSUE HAS -- HAS -- ALTHOUGH IT MAY HAVE BEEN ON THE CIP LIST, WAS NOT SPECIFICALLY BROUGHT TO THE URBAN TRANSPORTATION COMMISSION. I BELIEVE THE ONLY WAY THAT THE COUNCIL IS GOING TO BE ABLE TO REQUIRE THE STAFF TO BRING ALL TRANSPORTATION ISSUES TO THE URBAN TRANSPORTATION COMMISSION IS TO TELL THEM, WE ARE NOT GOING TO CONSIDER THIS ISSUE UNTIL WE HAVE A RECOMMENDATION FROM THE URBAN TRANSPORTATION COMMISSION. I DON'T KNOW OF ANY OTHER WAY FOR YOU TO DO IT. I WOULD ASK THAT YOU POSTPONE CONSIDERATION ON ITEMS 20, 31 AND 32 UNTIL WE HAVE AT LEAST HAD A CHANCE TO LOOK AT IT AND SEE WHAT'S GOING ON. THANK YOU.

MAYOR GARCIA: THANK YOU. THANK YOU, MR. EDEN.

GOODMAN: MAYOR?

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: THIS ONE IS A LITTLE BIT DIFFERENT THAN FORMALLY BECAUSE IT WAS A COUNTY/CITY ISSUE FROM A COUNTY ROAD AND CITY STANDARDS, WHICH CAME OUT OF AN UNRESOLVED SITUATION FOR MANY -- FROM MANY YEARS AGO. IT'S BEING WORKED ON BY CITY STAFF AND THE COUNTY COMMISSIONERS. TOGETHER WITH SOME PARTICIPATION FROM CITY COUNCIL, FOR ABOUT FOUR YEARS NOW. SO THIS ONE HAD A LOT OF TWISTS AND TURNS, A LOT OF DIFFICULTIES IN -- IN ALL THAT MIX, I DON'T THINK ANYONE THOUGHT OF THE URBAN TRANSPORTATION COMMISSION, BUT I'M SURE WE WILL IN THE FUTURE BECAUSE THEY WOULD HAVE BEEN -- THAT WOULD HAVE BEEN HELPFUL, BUT WE HAVE NOW COME TO RESOLUTION.

MAYOR GARCIA: IS THIS A PROJECT THAT WE ARE GOING TO DO --

GARZA: THE SOVEREIGN BODY HERE IS THE AUSTIN CITY COUNCIL. YOU GUYS AUTHORIZED US TO DO THIS, THAT'S WHAT WE HAVE DONE.

MAYOR GARCIA: BUT THE PROJECT I GOING TO BE DONE BY THE COUNTY.

WOULDN'T YOU NEED TO GO TALK TO THE COUNTY FOLK.

YEAH.

GARZA: COMMISSIONER DAVIS IS THE ONE THAT'S BEEN INVOLVED. HERE'S BEEN HERE TO TALK TO US ABOUT IT, THERE WERE LOTS OF ISSUE.

WE HAVE BEEN WORKING WITH COMMISSIONER DAVIS AND STAFF ON THIS ISSUE. IT'S A FOLLOW-UP FOR DIRECTION FROM COUNCIL AND THE COUNTY TO TRY TO GET THIS ROAD PROJECT DONE BECAUSE SOME OF THE NEIGHBORHOODS ARE -- ARE AFFECTED BY THIS ISSUE. AND THE COUNTY IS TRYING TO EXPEDITE THE PROJECT SO THAT THEY CAN GET IT UNDER CONSTRUCTION AND OUR FUNDING IS TO ALLOW IT TO BE IN CONFORMANCE WITH THE CITY RULES AND REGULATIONS, SO IT'S A PROJECT THAT HAS GOTTEN A LOT OF SUPPORT TO -- TO COME TO THIS POINT.

MAYOR GARCIA: IS THERE ANYBODY ELSE HERE THAT WANTS TO SPEAK ON THE CONSENT AGENDA? I'M GOING TO READ THOSE ITEMS INTO THE RECORD.

[ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

GARCIA: MOTION BY COUNCILMEMBER GRIFFITH, SECKED BY THE MAYOR PRO TEM. DISCUSSION? -- SECONDED BY THE MAYOR PRO TEM. DISCUSSION?

THOMAS: YOU SAID ON THE COMMISSION APPOINTEES THAT WE DIDN'T HAVE ANY?

GARCIA: THAT'S WHAT I'VE BEEN TOLD.

THOMAS: WE HAVE THREE.

GARCIA: WE HAVE THREE?

I WASN'T GIVEN ANY NAMES, BUT IF YOU WANT TO PULL THAT FOR THE CONSENT AGENDA, I'LL TRY TO GET THAT FOR YOU THIS AFTERNOON.

THOMAS: CAN WE DO THAT, I'LL JUST PULL THAT?

GARCIA: WE'RE GOING TO PULL ITEM NUMBER 40. KMOMS COUNCILMEMBER THOMAS IS PULLING THAT AND WE'LL CONSIDER IT LATER IN THE DAY. ANY OTHER ITEMS THAT THE MEMBERS WANT TO PUT ON THE CONSENT AGENDA OR PULL OUT OF THE CONSENT AGENDA? IF NOT, ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

GARCIA: OPPOSED NO. MOTION CARRIES. SO WE'LL GO TO ITEM NUMBER 14 AT THIS TIME. LET ME ANNOUNCE ONE -- LET ME MAKE ONE ANNOUNCEMENT. MR. DAN L. SALZER IS SIGNED UP TO SPEAK ON ITEM NUMBER 13. AND THE COUNCIL DECIDED AT THE LASTED MEETING THAT THERE WOULD NOT BE ANY MORE PUBLIC TESTIMONY ON THIS ITEM. WHAT I'LL READ INTO THE RECORD IS THAT YOU ARE REGISTERED AGAINST, VE MEANTLY AGAINST SEPARATE BY EQUAL TREATMENT OF WOMEN IN A PUBLIC FACILITY HOSPITAL. THAT'S ALL WE CAN DO AT THIS TIME. THANK YOU VERY MUCH, SIR. SUM NUMBER 14.

THIS WAS AN ITEM THAT WAS ON THE COUNCIL AGENDA LAST WEEK.

GARCIA: LET ME CALL UP COUNCILMEMBER WYNN WHO PULLED THIS ITEM. AND ACTUALLY, IT WAS PULLED BY COUNCILMEMBER WYNN AND COUNCILMEMBER SLUSHER. WHOEVER WANTS TO GO FIRST. SHOULD WE DO IT BY SENIORITY AND THAT WILL BE SLUSH SHER. IF WE DO IT BY TIME ON THE COUNCIL, IT'S SLUSHER, THEN IT'S SLUSHER. WHAT DO YOU SAY.

WYNN: LET'S DO IT BY GOOD LOOKS AND I'LL GO FIRST. [LAUGHTER].

GARCIA: COUNCILMEMBERS?

SLUSHER: I WILL HAVE TO GO FIRST NOW. [LAUGHTER]. MR. HILL GERS, WELL, FIRST OF ALL, I THINK THAT IT'S A VERY SOUND INVESTMENT FOR THE CITY TO INVEST IN THE REVITALIZATION OF EAST 11TH STREET AND EAST 12TH AS WELL, WHICH PARTS WERE ALSO IN THE ARA AREA. AND I WANT TO MAKE SURE THAT THOUGH THE CITY TAX FUNDS ARE INVESTED, AND THAT WAS A DISCUSSION WE WERE HAVING LAST WEEK TO MAKE SURE -- SO CAN YOU GO OVER WITH US THE CHANGES THAT HAVE BEEN MADE SINCE LAST WEEK?

YES, COUNCILMEMBER. MY NAME IS PAUL HILGERS AND I'M THE DIRECTOR OF NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT. AND WE'RE TRYING TO GET A PRESENTATION UP AND I WILL READ IT TO YOU. IT IS TO DO EXACTLY WHAT YOU SUGGESTED, COUNCILMEMBER, WHICH IS TO EXPLORE FOR YOU AND TO EXPLAIN TO YOU EXACTLY WHAT CHANGES HAVE BEEN MADE TO THE LEASE BASED UPON THE DISCUSSION WE HAD LAST WEEK. WE'VE HAD MEETINGS AND ES NTIALLY THE LEASE AGAIN WILL ALLOW US TO CONSOLIDATE THE DIVISIONS OF NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT AND OUR AUSTIN HOUSING FINANCE CORPORATION AND THE COMMUNITY OFFICE INTO PROPERTY ON EAST 11TNr STREET. THE BUILDINGS THAT ARE SUPPOSED TO BE SHOWN ON CONCEPTUAL RENDERINGS, AND IF THEY'RE NOT SHOWN I'LL GO TO THE CHANGES ON THE LEASE. THE NUMBER OF PARKING SPACES HAS BEEN REDUCED FROM THE ORIGINAL PROPOSAL OF 73 DOWN TO 60. OF THOSE 60 SPACES, SEVEN WE RESERVED FOR OUR CITY VEHICLES AND 10 HAVE BEEN IDENTIFIED AS POTENTIAL SPACES FOR VISITOR OVERFLOW TO ADDRESS THE ISSUE OF ONE PARKING SPACE PER EMPLOYEE. THAT WAS DUS SKUSED LAST WEEK. SECOND, PER LAST WEEK'S DISCUSSION, THE LEASE REFLECTS THE INDUSTRY STANDARD SUBLEASING ARRANGEMENT THAT THE CITY SPACE CAN BE SUBLEASED WITH THE OWNER'S APPROVAL. THAT'S BEEN INCLUDED IN THE LEASE. THE CITY WILL BE GRANTED ONE FIVE-YEAR OPTION TO RENEW AT 95% OF THE THEN CURRENT MARKET RATE FOR SIMILAR PROPERTIES BY GIVING THE OWNER A MINIMUM OF 270 DAYS PRIOR WRITTEN NOTICE, WHICH WAS NOT IN THE LEASE BEFORE. SO WE DO HAVE A FIVE-YEAR OPTION TO RENEW AT 95% OF THE CURRENT MARKET RATE. ADDITIONALLY REGARDING THE EXPANSION OPTIONS THAT WERE DISCUSSED, THE CITY WILL BE GIVEN THE RIGHT OF FIRST OFFER ON ANY SPACE THAT BECOMES AVAILABLE WITHIN THE FIRST SEVEN YEARS OF THE LEASE. AND FINALLY, THE TERMINATION RIGHT. THE CITY SHALL HAVE THE RIGHT TO TERMINATE THE LEASE IF THE OWNER HAS NOT SECURED FUNDING, OBTAINED A BUILDING PERMIT AND SKARTED CONSTRUCTION BY DECEMBER 31ST 2002. IF THE BUILDING IS NOT READY FOR OCCUPANCY BY JUNE 30TH, TWURKS THE CITY WILL HAVE THE RIGHT TO TERMINATE THE LEASE AND BE REIMBURSED ALL COSTS ASSOCIATED WITH THE MOVE. THESE COSTS WERE DISCUSSED, NEGOTIATED AND AGREED TO AS INSTRUCT BID THIS COUNCIL AT THE MEETING LAST WEEK. AND SO WE BELIEVE THAT WE HAVE A MUCH IMPROVED LEASE AGREEMENT AS A RESULT OF THOSE DISCUSSIONS. AND I'M AVAILABLE AS OTHER STAFF ARE HERE TO ANSWER ANY ADDITIONAL QUESTIONS YOU MIGHT HAVE.

SLUSHER: I'LL YIELD TO COUNCILMEMBER WYNN.

GARCIA: COUNCILMEMBER WYNN?

WYNN: THANK YOU, MAYOR. IF I CAN ADD ONE MORE THING TO MR. HILGERS' ANALYSIS OF THAT PROCESS AND THE CHANGES TO THAT LEASE. IT WAS ALSO POINTED OUT TO MY IN MY DISCUSSIONS WITH STAFF AND THE DEVELOPMENT TEAM THIS WEEK THE OTHER PROSPECTIVE TENANTS FOR THE BUILDING, AND IT GAVE ME SIGNIFICANT COMFORT TO SEE THAT OTHER ENTITIES, PRIVATE SECTOR ENTITIES HAVE CURRENT LEASES AND PROPOSALS PENDING TECHNICALLY AT SLIGHTLY HIGHER RATES THAN WHAT WE'RE PAYING AS A CITY. ONE WAS THE LEASE WAS, YOU KNOW, STRENGTHENED IN A WAY FROM OUR TENANT PERSPECTIVE AND THEN SECONDLY WE SAW HOW IN FACT THIS IS MARKET OR SLIGHTLY BETTER THAN BASED ON THE PENDING PROPOSALS FOR OTHER TENANTS THAT SHOULD HAVE THIS PROJECT KICKED OFF SHORTLY. SO I'M VERY COMFORTABLE WITH IT NOW. THANK YOU.

GARCIA: IS THERE A MOTION ON THIS ITEM?

SLUSHER: I'LL MOVE APPROVAL.

WYNN: SECOND.

GARCIA: MOTION BY COUNCILMEMBER SLUSHER, SECONDED BY COUNCILMEMBER GRIFFITH. I'LL GET BACK TO COUNCILMEMBER SLUSHER FOR COMMENT.

SLUSHER: THANK YOU. I WANTED TO DISCUSS SOMETHING WITH MR. HILGERS IF ANY OF THE COUNCILMEMBERS WANT TO JOIN IN. AS WE -- AS THIS AREA IS REVITALIZED BY THE CITY GOING IN AND PAYING AND RENTING LARGE AMOUNTS OF SPACE, PAYING A SIZEABLE CHUNK OF FUNDS FOR IT, THEN I THINK THAT'S GOING TO REALLY BE A HUGE STEP TOWARDS THE GOAL WE'VE ALL BEEN WORKING TOWARD FOR A LONG TIME. AT THE SAME TIME, ANOTHER ISSUE WE HEAR A LOT ABOUT AND ARE TRYING TO DEAL WITH CALLED GENTRIFICATION OR JUST THE RISING PROPERTY VALUES THAT MAKE IT WHERE LOW INCOME FOLKS CAN NO LONGER AFFORD TO LIVE IN A LOW INCOME NEIGHBORHOOD. SO I THINK WITH THIS HAPPENING WE'RE GOING TO HAVE TO REDOUBLE OUR EFFORTS IN THIS PARTICULAR AREA TO PROVIDE AFFORDABLE HOUSING AND TO TRY TO KEEP FOLKS THAT ARE LIVING IN THE LOWER COST HOUSING THAT IS IN THE NEIGHBORHOOD SO THAT THEY DON'T GET PLACED OUT OF THEIR HOMES. TALK TOO ME A LITTLE BIT ABOUT WHAT YOUR DEPARTMENT HAS IN MIND THERE.

YES, SIR. I APPRECIATE THE OPPORTUNITY TO DO THAT. A COUPLE OF THOUGHTS ABOUT THAT. ONE IS THE GENTRIFICATION ISSUE IS AN ISSUE THAT THIS COUNCIL HAS ASKED AND AGAIN IS SHOWING LEADERSHIP ON TRYING TO GET THE CITY DEPARTMENTS AND ADVISORY BOARDS AND COMMISSIONS TO ADDRESS AND HELP US ADDRESS. IN THIS PARTICULAR AREA THERE'S SOME SPECIFIC ISSUES THAT I THINK WE CAN TAKE SOME SOLACE IN THE FACT THAT THEY'RE OCCURRING. ONE IS THAT WE DO HAVE PLANS TO CONTINUE THE DEVELOPMENT OF SPECIFIC AFFORDABLE HOUSES, BOTH MULTI-FAMILY, TOWNHOMES AND SINGLE-FAMILY HOMES IN THE ANDERSON HILL REDEVELOPMENT PROJECT. THOSE HOMES WILL ALL BE AT THE AFFORDABLE RATE OF 80% OR BELOW MEDIAN FAMILY INCOME. I BELIEVE THAT YOU WILL ALSO RECOGNIZE IN A IN THAT PARTICULAR AREA, THIS AREA THAT WE ARE -- THIS IS GOING TO BE A TRUE MIXED INCOME, MIXED USE COMMUNITY WITH BOTH COMMERCIAL, RETAIL, OFFICE SPACEc, MARKET RATE HOUSING AS WELL AS ACROSS THE STREET DOWN THE ROAD PUBLIC HOUSE. SO IT WILL HAVE A TRUE MIXTURE OF ALL KINDS OF INCOMES IN THIS REVITALIZATION PLAN AS WELL AS JUST IN THIS3,Pv NEIGHBORHOOD IN GEcgERAL. THAT KIND OF MIXTURE IS SOMETHING THAT WE NEED TO CONTINUE TO PROTECT IN OUR NEIGHBORHOOD PLANS, OBVIOUSLY OUR SMART HOUSING PROGRAM IS ONE OF THOSE ISSUES AND THE M IN SMART HOUSING STANDS FOR MIXED INCOME AND IT IS SOMETHING WE NEED TO BE CONSTANTLY VIGILANT ABOUT BECAUSE IT IS A DOUBLE EDGED SWORD. THE MORE YOU REVITALIZE THINGS FOR THE PRIVATE SECTOR, THE MORE YOU HAVE TO PROTECT THE OPPORTUNITY FOR PEOPLE WHO ARE -- COULD POTENTIALLY BE PRICED OUT OF THE MARKET TO ENSURE THAT YOU HAVE OPPORTUNITIES FOR THEM TO LIVE THERE. SO IT'S SOMETHING THAT WE'RE CONSTANTLY WATCHING AND IT'S PART OF THE NEIGHBORHOOD PROCESS, PART OF THE COMMUNITY DEVELOPMENT COMMISSION AND THE PLANNING COMMISSIONS ARE ALL WORKING TOWARDS AND ON.

SLUSHER: OKAY. THAT'S ALL.

GARCIA: THANK YOU VERY MUCH. WELL, I WANT TO THANK THE STAFF AND COUNCILMEMBERS SLUSHER AND WYNN FOR BRINGING UP THE POINTS THAT YOU BROUGHT UP AT THE LAST MEETING AND ALSO FOR PARTICIPATING WITH THE STAFF IN THE DEVELOPMENT OF THIS AGREEMENT. LIKE I INDICATED LAST WEEK, THIS IS AN IMPORTANT PROJECT FOR THE REDEVELOPMENT OF THIS PART OF TOWN AND ONE THAT'S LONG OVERDUE. AND I'M GLAD THAT -- MAYOR PRO TEM EARDA, I'M GLAD THAT WE'RE MOVING FORWARD WITH THAT. -- URDY. AND BYRON, THANK YOU VERY MUCH FOR HELPING TO GET THIS PROJECT UNDER WAY. AND I'M HOPING THIS HAS THE LONG-TERM EFFECT THAT WE HAVE ALL TALKED ABOUT, AND THAT IS THE REDEVELOPMENT OF THAT AREA, THE REVITALIZATION OF THE AREA SO THAT IT ONCE AGAIN CAN BECOME THE VIBRANT COMMUNITY THAT IT ONCE WAS. SO THANK YOU FOR BEING HERE. IS THERE ANY OTHER DISCUSSION OF THIS ITEM?

THOMAS: YES, MAYOR, IF YOU DON'T MIND. I JUST HAVE A COMMENT. I COMMEND STAFF FOR THE WORK THEY'VE DONE, I COMMEND THE TWO COUNCILMEMBERS' CONCERNS. WE TALKED ABOUT THIS LAST WEEK. I DON'T WANT TO BE REDUNDANT, BUT I DO WANT TO SAY THIS, THAT COUNCILMEMBER SLUSHER BROUGHT UP SOMETHING THAT IS VERY IMPORTANT AND SHOULD BE IMPORTANT TO EVERYBODY ON INDICT AS. IT'S ABOUT GENTRIFICATION, SOMETHING THAT WE DEFINITELY HAVE TO CONTINUE TO LOOK AT AND MAKE SURE THAT THE CITIZENS THAT HAVE BEEN IN THAT AREA FOR A LONG TIME CAN AFFORD TO STILL LIVE THERE. AND THOSE ARE CONCERNS FOR THE WHOLE COUNCILMEMBERS ON THIS DAIS, THAT WE'RE CONCERNED ABOUT GENTRIFICATION. BUT IT ALSO LETS US KNOW THAT THE THINGS THAT WE HAVE PROMISED THE CITIZENS OF AUSTIN, NOT JUST EAST OF 35, BUT ALL OVER THE CITY OF AUSTIN, THAT WE ARE DOING THE THINGS THAT WE SET OUT FOR DO. AND I COMMEND THE STAFF FOR THE WORK THEY ARE DOING AND LOOKING FORWARD TO CONTINUING THE WORK AND BE SUCCESSFUL IN THE PROJECTS THAT WE'RE DOING THAT WERE DONE PREVIOUS BEFORE I GOT HERE AND NEW PROJECTS THAT WE'RE GOING TO BRING FORWARD. THANK YOU.

GARCIA: THANK YOU, COUNCILMEMBER THOMAS. FURTHER DISCUSSION? ALL THOSE IN FAVOR OF THE MOTION BY COUNCILMEMBER SLUSHER, SECONDED I THINK BY COUNCILMEMBER GRIFFITH, CORRECT?

GRIFFITH: YES, SIR.

MAYOR GARCIA: INDICATE BY SAYING AYE. OPPOSED NO. THE MOTION CARRIES BY A VOTE OF SEVEN TO ZERO. I FORGOT TO BRING UP THE MINUTES AND THE REGULAR MEETING OF JANUARY THE 31ST, 2002. I'LL ENTERTAIN A MOTION TOc APPROVE. MOTION BY COUNCILMEMBER THOMAS, SECONDED BY COUNCILMEMBER WYNN. ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: MOTION CARRIES. ON THIS NEXT ITEM, WHICH IS ITEM 15, I HAVE BEEN ADVISED OF A PROVISION IN THE CITY CODE THAT PROVIDES THAT A CITY OFFICIAL WHO IS A MEMBER OF THE BOARD OF DIRECTORS OF A NONPROFIT ENTITY MAY NOT PARTICIPATE IN A VOTE OR DECISION REGARDING FUNDING BY OR THROUGH THE CITY FOR THE ENTITY. I'M AN INCORPORATOR AND I THINK I BECAME AN INCORPORATOR BEFORE I CAME ON THE COUNCIL FOR THE NONPROFIT. I KNOW I WILL NOT BE A BOARD MEMBER ONCE A CHARTER IS GRANTED, BUT AT THIS TIME THE ATTORNEYS TELL ME I MAY HAVE THE POSITION OF A BOARD MEMBER, DEPENDING ON HOW AN INTERLOCAL AGREEMENT IS STRUCTURED, SOME OF THE CITY FUNDS COULD GLOW FLOE TO THIS NONPROFIT ENTITY, SO I WILL BE AN STRAIN ABSTAINING FROM THE VOTE ON THIS ITEM AND WILL NOT BE PARTICIPATING IN ANYnr WAY ON THIS MATTER. SO MAYOR PRO TEM, IF YOU COULD TAKE UP THAT ITEM.

WYNN: AND MAYOR PRO TEM, IF I COULD JUST ADD ON TO THAT. I ALSO HAVE BEEN INVOLVED IN THIS ORGANIZATION LIKE MAYOR GARCIA HAS. THE SAME LEGALc ANALYSIS HAVE BEEN DONE OF MY PARTICIPATION AND TECHNICALLY I'M NOT ON THE BOARD, HAVE NOT HAD A -- CURRENTLY DO NOT HAVE A CONSTITUTIONAL OR STRUCTURAL VOTING RIGHTS ON THAT BOARD UNTIL IT IS FULLY INCORPORATED, AND SO UNLIKE THE MAYOR, I DO NOT NEED TO RECUSE MYSELF FROM THIS ITEM AFTER RECEIVING ADVICE FROM COUNSEL. THANK YOU.

GOODMAN: THANK YOUc, COUNCILMEMBER WYNN. OKAY, IT WAS PULLED BY COUNCILMEMBER GRIFFITH. DO WE HAVE ANY PRESENTATION BY ANYONE BEFORE QUESTIONS FROM THE COUNCIL? DO WE KNOW? COUNCILMEMBER GRIFFITH?

GRIFFITH: YES, THANK YOU. WHEN THE CAPITAL METRO BOARD TOOK UP THIS ITEM, WE WERE TALKED TO BY SOME FOLKS WHO SAID THAT THIS IS GOING TO BE A RENAL NATIONAL THING, WHICH WE ALL SUPPORTED, AND THAT THERE WOULD BE FIVE COUNTIES AND THERE WOULD BE MANY MUNICIPAL COURTS AND THAT THEY WOULD ALL -- MUNICIPALITIES AND THEY WOULD ALL SHARE EQUALLY. AND I'M WONDERING WHAT THE BALANCE IS GOING TO BE BETWEEN THOSE ENTITIES, WHICH ENTITIES HAVE COMMITTED WHAT. WE WERE ASSURED WHEN WE WERE APPROACHED BY THE CAPITAL METRO BOARD ABOUT PUTTING A HALF A MILLION IN THAT THE OTHER CITIES AND COUNTIES WOULD, QUOTE, DO THEIR PART. AND HAVEN'T SEEN THAT COMMITMENT YET AND I THINK WE NEED TO SEE THAT. AND ALSO, THE BOARD IS NOT AT THIS TIME COMPLETE. AND I THINK BEFORE WE TURN TWO MILLION DOLLARS' WORTH OF PUBLIC MONEY OVER TO A BOARD, WE NEED TO SEE WHO AND HOW MANY ARE GOING TO BE ON IT. SO I'M NOT -- NOT SURE THIS ONE'S READY TODAY.c

GOODMAN: COUNCILMEMBER WYNN, DID YOU -- AND I CONFESS, I DON'T HAVE SPECIFIC QUESTIONS. I'M UNCLEAR ON EVEN THE CONCEPT REALLY.

WYNN: I'LL BE ANSWER -- HAPPY TO ANSWER COUNCILMEMBER GRIFFITH'S SPECIFIC QUESTIONS. AND I KNOW THAT EXECUTIVE DIRECTOR AND A COUPLEszF THE OTHER SORT OF ORGANIZING BOARD MEMBERS ARE HERE AND MIGHT GIVE A PRESENTATION ABOUT THE GLOBAL PROJECT. I WILL SAY IN REGARDS TO THE FUNDING AND THE FACT THAT THE CURRENT BOARD IS STILL EVOLVING AND NOT MADE UP, BUT WHAT I PRESUME THE CAPITAL METRO BOARD VOTE FOR THAT HALF MILLION DOLLARS KNEW THE STATUS OF THAT BOARD AT THAT TIME. AND SO THAT VOTE -- COUNCILMEMBER GRIFFITH IS ALREADY ON RECORD VOTING TO GIVE THEM HALF A MILLION DOLLARS. TECHNICALLY WHAT WE'RE DOING NOW VOTING ON WHETHER OR NOT TO GIVE THEM MORE MONEY AND THIS MONEY SPECIFICALLY FROM THE CITY OF AUSTIN. IN LOOKING AT THE PROJECT AND PEOPLE WILL TALK TO THE PROJECT SPECIFICALLY IN A FEW MINUTES, I FEEL STRONGLY THAT THE URBAN CORE OF THE REGION NEEDS TO BE THE DRIVING FORCE, AT LEAST FROM A TIMING STANDPOINT, TO GET THE PROJECT MOVING. I HAPPEN TO BELIEVE THAT TIME IS OF PARTICULAR ESSENCE IN THIS PLANNING PROJECT WITH THE GENERAL CONCEPT BEING THAT PERHAPS THE ONE SILVER LINING IN AN ECONOMIC DOWNTURN LIKE THIS IS THE ABILITY TO HOPEFULLY QUICKLY DO SOME PLANNING BEFORE PERHAPS SIGNIFICANT GROWTH OCCURS AGAIN. AND I DON'T HAVE THE SPECIFIC NUMBERS, BUT THE CITY OF AUSTIN APPROXIMATELY IS 50% OF THE FIVE COUNTY REGIONS' POPULATION BASE. THIS PARTICULAR ITEM REPRESENTS ABOUT THAT NUMBER. I KNOW, AND WE ALL KNOW OF COURSE, THAT THERE ARE OVERLAPPING JURISDICTIONS AND MANY OF US ARE, YOU KNOW, MULTIPLE TAXPAYER AND SOME OF US PAY COUNTY, CITY AND CAP METRO, SOME PIECES OF THAT. SOME PEOPLE IN WILLIAMSON COUNTY ALSO PAY CITY OF AUSTIN TAXES AS AN EXAMPLE. CITY OF AUSTIN COLLECTS SALES TAXES AS AN EXAMPLE FROM LAKELINE MALL AND IT IS QUITE OFTEN FOR PEOPLE IN RURAL NORTHERN WILLIAMSON COUNTY TO TAKE A HALF DAY AND DRIVE SOUTH 30 MILES AND SHOP AT LAKELINE MALL, PAY CITY OF AUSTIN SALES TAX AND THEN, YOU KNOW, DRIVE BACK TO RURAL NORTH WILLIAMSON COUNTY. SO THERE'S A MYRIAD OF OVERLAPPING JURISDICTIONS OBVIOUSLY AND TAX BASES INVOLVED IN THIS. I GENERALLY LOOK AT IT AS, GENERALLY SPEAKING, THAT CITY OF AUSTIN HAS ABOUT 50% OF THIS REGION'S POPULATION AND THAT THAT WOULD BE THE APPROPRIATE NUMBER TO COME FROM THE CITY. IN REGARDS TO SORT OF THE REGIONAL PARTNERS OR PLAYERS IN THIS, TWO MAIN THOUGHTS COME TO MIND. ONE IS THAT FRANKLY BECAUSE OF THE CAPITAL METRO QUARTER-CENT THAT WAS GIVEN TO THE CITY OF AUSTIN FOR REGIONAL TRANSPORTATION DOLLARS LAST YEAR, WE IN FACT AS A CITY HAVE, YOU KNOW, IN MY OPINION, SIGNIFICANTLY MORE BUDGET FLEXIBILITY THIS YEAR THAN SOME OF OUR REGIONAL PARTNERS, PARTICULARLY THE OUTLYING COUNTIES. WHAT WE'RE DOING IS REALLOCATING SOME OF THIS YEAR'S BUDGET, AND IT'S A MAJOR REALLOCATION. SOME OF THE OTHER REGIONAL PARTNERS DON'T HAVE THAT ABILITY IN THIS BUDGET YEAR. THEY ARE PLANNING FOR THEIR NEXT BUDGET YEAR TO INCLUDE FUNDS FOR THE PROJECT. AND WHAT WE HAVE TO FIGURE OUT AMONGST OURSELVES AS REGIONAL PARTNERS IS WHAT THAT NUMBER IS GOING TO BE. BUT WE HAVE THE ABILITY TO JUMPSTART THE PROJECT WITH A CURRENT BUDGET ALLOCATION THAT FRANKLY I THINK OTHER REGIONAL PARTNERS DON'T HAVE THAT NEXT IBLT TO DO. THEY WILL HAVE THE BURDEN TO THEN BUDGET IN THEIR 03 BUDGET YEAR THEIR APPROPRIATE SHARE OF THE FUNDS. SECONDLY IN REGARDS TO A REGIONAL CORPORATION OF FUNDING OF THE PROJECT, IT WAS VERY ENCOURAGING THAT THE CAMPO BOARD A MONTH OR TWO AGO ACTUALLY HAD A UNANIMOUS VOTE OF 400,000 DOLLARS IN FEDERAL FUNDS TO THIS PROJECT. THAT IS, REGIONAL TRANSPORTATION FUNDS THAT OTHERWISE WOULD BE DIVIDED AMONGSTS THOSE REGIONAL ENTITIES UNDER OUR REGIONAL CAMPO, MADE A UNANIMOUS GESTURE OF 400,000 DOLLAR FUNDING FOR THIS PROJECT. UNUNFORTUNATELY, WHAT THE PEOPLE AT THE REGIONAL VISION FOUND OUT AND DETERMINED IS THAT TO USE THOSE FEDERAL STPC FUND FOR THIS PROJECT WAS GOING TO DELAY THE PROJECT SIGNIFICANTLY AT A MINIMUM OF SIX MONTHS. AND SO IT'S A VERY DIFFICULT DECISION MADE BY THE REGIONAL VISIONING PROJECT, NOT THE CAMPO BOARD, AFTER CAMPO HAD AWARDED THEc $400,000 IN REGIONAL FUNDS WAS THAT IF WE ACCEPT THESE FUNDS, WE'RE GOING TO DELAY STARTING THIS PROJECT FOR SIX MONTHS. AND AGAIN, I THINK THEc FACT THAT TIME IS OF THE ESSENCE AND REGIONAL PLANNING CARRIED THE DAY IN SORT OF A PAINFUL DECISION WAS MADE BY THE REGIONAL VISIONING PROJECT TO GIVE BACK TO CAMPO THE $400,000 IN REGIONAL FEDERALLY FUNDED STPC FUNDS. WHAT THIS, WOULD DO TODAY IN MY WAY OF THINKING, THE CITY WOULD ESSENTIALLY BE FUNDING ITS ENTIRE AL INDICATION TOWARDS THIS PROJECT. -- ALLOCATION TOWARDS THIS PROJECT. THE FUNDS ARE ARE MUCH LESS RESTRICTIVE THAN THE OTHER FUNDS. THE PROJECT BEGINS IMMEDIATELY. THE VERY IMPORTANT GIS AND OUTREACH WORK BEGINS GI BITHE PROJECT TEAM. THE STPC FUNDS GO BACK TO CAMPO. CAMPO MADE UP OF MANY REGIONALc PARTNERS. THOSE FUNDS GET USED FOR TRADITIONAL TRANSPORTATION PROJECTS IN WILLIAMSON COUNTY AND NORTHERN HAYS COUNTYc, ETCETERA. AND WITH THAT GESTURE, THOSE REGIONAL PARTNERS, PARTICULARLY WILLIAMSON COUNTY, HAS THE ABILITY THEN TO BUDGET LESS RESTRICTIVE FUNDS FOR 03 TO PICK UP THE SECOND AND LAST YEAR'S FUNDING SOURCE FOR THE PROJECT. SO I WELCOME THE QUESTIONS. THEY'RE WHOLLY APPROPRIATE. THIS IS A LARGE SUM OF MONEY, BUT THE FACT THAT IT'S A REALLOCATION OF EXISTING TRANSPORTATION FUNDS THAT CAN'T BE USED FOR ESSENTIALLY OTHER NONTRANSPORTATIONAL RELATED PROJECTS, THE FACT THAT THE OVERARCHING CONSENSUS AMONGST THE PROJECT TEAM IS TIME IS OF THE ESSENCE AND THIS ALLOWS THE PROJECT TO MOVE FORWARD NOW. ESSENTIALLY WE'RE GIVING BACK 400,000 DOLLARS TO SOME REGIONAL PARTNERS TO DO TRADITIONAL ROAD WIDENING AND TURN LANES AND THINGS THAT OFTEN TIMES ARE FUNDED BY STPC FUNDS THAT WILL THEN ALLOW LOU THOSE PARTNERS IN THEIR BUDGET CYCLE UPCOMING FOR 03 TO BUDGET THE REMAINING HALF MILLION DOLLARS OR SO IN THIS PROJECT TWO-YEAR APPROXIMATE TWO-MILLION-DOLLAR LIFE-SPAN. SO THOSE ARE KIND OF MY GENERAL COMMENTS. I THINK IT WOULD BE APPROPRIATE IF THE CHAIR DOESN'T MIND TO HAVE PERHAPS THE EXECUTIVE DIRECTOR OR ONE OF THE COORDINATING BOARD MEMBERS TO COME UP AND JUST TALK ABOUT THE -- TALK ABOUT THE PROJECT. PERHAPS MR. WALKER?

GOODMAN: IF THERE'S NO OBJECTION FROM COUNCIL, I WOULD CERTAINLY LIKE TO HEAR.

THANK YOU, COUNCIL, FOR CONSIDERING THIS AND GIVING ME A COUPLE OF MINUTES. JUST TO KIND OF BACK UP SOME OF THE HIGH POINTS OF WHAT COUNCILMEMBER WYNN WAS SAYINGc, THIS HAS BEEN BREWING FOR SEVERAL MONTHS. WE FEEL LIKE WE HAVE SOME MOMENTUM AND WE WANT TO TRY TO MAINTAIN THAT. AND THEc STPC FUNDS, THE FEDERAL FUNDS NAVIGATING GETTING THOSE WAS GOING TO, WE FELT, UNDERMINE THE MOMENTUM THAT WE HAD TO DATE. SO WE WERE TRYING TO BE CREATIVE IN LOOKING FOR OTHER WAYS TO DO THINGS MORE QUICKLY. I THINK IT'S ALSO ACCURATE TO SAY THAT THE OTHER REGIONAL PARTNERS ARE LOOKING FOR SOME KIND OF COMMITMENT FROM THE CITY OF AUSTINc, PROPORTIONATE COMMITMENT FROM THE CITY OF AUSTIN TO TRY TO JUMPSTART IT. WE HAVE NUMEROUS VERB AL COMMITMENTS FROM THESE OTHER ENTITIES, I UNDERSTAND. THE ANXIETY ABOUTc NOT HAVING WRITTEN COMMITMENTS, BUT AGAIN TRYING TO GET THE THIZ/ STARTED. IN NO WAY WAS IT THE INTENT TO TAKE MONEY AWAY FROM BIKE AND PED PROJECTS. NO ONE IS AGAINST POINT OF IMPACT AND PEDESTRIAN PROJECTS. I CAN COMMIT TO YOU RIGHT NOW THAT WE WILL TALK ABOUT AND INCLUDE BICYCLE AND POD FACILITIES IN THE TRANSPORTATION VISIONING THAT WE DO, IN THE SAME WAY WE'LL INCLUDE KMURT RAIL AND OTHER -- I'M NOT GOING TO EVEN SAY WHAT ELSE. ALL THE OTHER FORMS OF TRANSPORTATION THAT WE MIGHT LOOK AT INSIDE THE CITY FOR GETTING THINGS AROUND. cI DON'T KNOW WHAT MORE TO BUILD ON WITH COUNCILMEMBER WYNN OTHER THAN TO BE ABLE TO ANSWER QUESTIONS. THE ONE OTHER THING I'LL ADD IS THAT THE BOARD HAS NOT FINALIZED, BECAUSE WE KNOW THAT WHEN WE RELEASE THOSE NAMES NEXT WEEK THAT THEY WILL BE CRITIQUES. AND THERE WILL BE FEELINGS THAT IT'S NOT BALANCED IN A PARTICULAR DIRECTION. AND WE WANT TO ENSURE WE HAVE COMMITMENTS FROM THOSE ON THE BOARD, BUT ALSO BE FLEXIBLE SO WE CAN ADD TO THAT BOARD TO TRY TO ACHIEVE THE BALANCE WE NEED. WE'RE TALKING ABOUT BRINGING MORE PEOPLE TO THE TABLE THAN I THINK HAVE BEEN AT A TABLE BEFORE. SO THAT'S WHAT WE'RE DOING. BUT IT WILL PROBABLY TAKE A LITTLE BIT AMOUNT OF TRUST AND MORE WORK FOR US TO GO OUT AND GET THE REST OF THE MONEY FROM THE REST OF OUR REGIONAL PARTNERS. AND IF YOU HAVE SPECIFIC QUESTIONS, I CAN TRY TO ANSWER.

GOODMAN: COUNCILMEMBER SLUSHER?

SLUSHER: EITHER MR. WALKER OR MS. STYLUS, THE EXECUTIVE DIRECTOR. WHAT ARE THE LIST OF NATIONAL COMMITMENTS SO FAR FROM THE -- CAPITAL METRO HALF MILLION.

CAPITAL METRO AND CAMPO VOTED FOR A COMMITMENT AND WILL ALREADY EXPLAINED ABOUT THE CAMPO COMMUNICATE. COMMISSIONER HILGENSTEIN FROM WILLIAMSON COUNTY IS ALREADY ON THEIR AGENDA. THE SAME WAY YOU'RE DELIBERATING ABOUT WHAT THE ACTUAL AMOUNT WILL BE, THEY'RE GOING TO HAVE TO DELIBERATE THAT TO. AND I WISH -- I WISH I DID HAVE SOMETHING IN WRITING ABOUT WHAT THE COMMITMENTS WERE GOING TO BE FROM ALL THE REGIONAL PARTNERS. I DON'T HAVE THAT YET BECAUSE WE NEED TO DELIBERATE AS WELL. WILLIAMSON COUNTY, THE MAYOR FROM SAN MARCOS HAS OFFERED UP THAT THEY WILL PROVIDE COMMITMENTS. COMMISSIONER HILGENSTEIN. AND THE MAYOR OF ROUND ROCK.

SLUSHER: THAT WOULD BE ROUND ROCK AND WILLIAMSON COUNTY?

RIGHT, TWO DIFFERENT BUDGETS AND TWO DIFFERENT REQUESTS. AND THAT WILL BE SIMILAR FOR ALL THE FIVE COUNTIES. OBVIOUSLY IT GOES WITHOUT SAYING THAT THE VARIOUS CITIES AND COUNTIES IN OUR REGION HAVE DIFFERENT BASIS OF REVENUE TO LOOK AT. SO THE IDEA THAT EVERYONE IS GOING TO GIVE A PROPORTIONAL GNAT AMOUNT IS GOING TO HAVE TO BE LOOKED AT. BUT I WOULD BE OVERSTEPPING, I THINK, IF I TALKED ABOUT OTHER PEOPLE'S COMMITMENTS.

SLUSHER: I JUST WANTED TO KNOW WHAT COMMITMENTS YOU ACTUALLY HAD.

WE ARE PURSUING COMMITMENTS BEYOND THAT, BUT I WOULDN'T WANT TO JEOPARDIZE THOSE.

SLUSHER: I UNDERSTAND THAT BECAUSE I'VE HAD THE PRESENTATION AT CAPITAL METRO WHERE WE UNANIMOUSLY VOTED FOR THE HALF A MILLION, LIKE COUNCILMEMBER WYNN POINTED OUT, AND ALSO AT CAP CO-, WHICH I SERVE ON FOR THE CITY AND IT'S GOING TO BE THE FISCAL AGENT WHERE ALL THIS IS ROUTED THROUGH. AND THAT'S A VERY SOUND GROUP AS WELL. THAT'S ALL I HAVE RIGHT NOW.

GRIFFITH: MAYOR PRO TEM?

GOODMAN: COUNCILMEMBER GRIFFITH?

GRIFFITH: JIM, THE FACT THAT THE BOARD WAS NOT COMPLETE AND IN PLACE WAS DISCUSSED AND WAS A PROBLEM, BUT WE MOVED FORWARD ANYWAY. AND I'M WONDERING IF THERE'S A FORMULA WHEREBY WE'RE GOING TO FIGURE OUT HOW MUCH EACH ENTITY IS EXPECTED TO PARTICIPATE. WILL THERE BE SOME SORT OF PROPORTIONAL EXPECTATION THERE? THAT WAS DISCUSSED ALSO.

WE CAN CERTAINLY GO BACK AND TALK ABOUT DO WE WANT TO DO THIS PER CAPITA AND BREAK IT DOWN SO MUCH PER CAPITA IS WHAT WE WOULD EXPECT EVERYBODY TO DO? I THINK WE WOULD HAVE TO LOOK AT THE VARIOUS BUDGETS THE VARIOUS ENTITIES HAVE. LOCKHART DOES NOT HAVE THE SAME KIND OF BUDGET THE CITY OF AUSTIN DOES. SO PROPORTIONALLY, THEY MAY NOT BE ABLE TO DO THE SAME KIND OF COMMITMENT OR ANY KIND OF COMMITMENT. SO WE'VE TALKED ABOUT THAT. THAT CONVERSATION A LOT OF TIMES CAME BACK AROUND TO WHAT IS THE CITY OF AUSTIN WILLING TO DO? ARE THEY WILLING TO JUMPSTART THIS. WE'RE NERVOUS THIS IS ANOTHER CITY OF AUSTIN IDEA TO DO REGIONAL PLANNING AND JUST PULL US ALONG. THAT'S NOT THE INTENT EITHER. SO THEY KINDc OF ARE INTERESTED IN SEEING HOW -- THERE'S A LOT OF TRUST THAT WE'RE TRYING TO BUILD UP. SO WE CAN GO BACK AND LOOK AT WHAT WOULD BE THE PROPORTIONATE KIND OF EXPECTATIONS. I'M NOT GOING TO PRETEND OR DID HE LEWD MYSELF THAT WE'RE ACTUALLY GOING TO GET THAT FROM ALL THESE OTHER ENTITIES, BUT WE CAN LOOK AT THAT. AND AGAIN, I WOULD ECHO SOMETHING THAT COUNCILMEMBER WYNN SAID, THAT THE CITY OF AUSTIN IS THE 50% OF THE FIVE-COUNTY POPULATION. WE HAVE, I BELIEVE, THE LARGEST TAX BASE, SO I THINK THE CITY OF AUSTIN JUMPSTARTING THIS IS WHOLLY APPROPRIATE. DID I ANSWER YOUR QUESTION?

GRIFFITH: YES, YOU DID. AND CERTAINLY CAPITAL METRO JUMPSTARTED IT WITH THE HALF A MILLION.

FAIR ENOUGH. ABSOLUTELY. I STAND CORRECTED.

GRIFFITH: NATURALLY WE WANT TO SEE WHAT THE PROPORTIONAL CONTRIBUTION IS GOING TO BE FROM THE OTHER FEEKS.

AND OF THESE FOLKS ARE OUTSIDE THE BOUND OF CAPITAL METRO AND THE CITY OF AUSTIN. SO WE'RE TRYING AT ONCE TO SAY YES, WE WANT YOU TO BE INCLUDED, YOU ABSOLUTELY HAVE A ROLE, A STAKE IN WHATEVER COMES OUT OF THIS AND WE NEED YOU TO HAVE A LITERAL, FINANCIAL OWNERSHIP OF THIS, SO WE NEED SOME COMMITMENT. THAT'S A TRICKY CONVERSATION TO HAVE SOMETIMES, AS YOU ALL KNOW. SO AGAIN IF THEY SEE THAT THE CITY OF AUSTIN IS STEPPING UP, AS I BELIEVE WE ARE WITH THE CAPITAL METRO MONEY AND WITH ANYTHING YOU MIGHT DO TODAY, THEN WE'LL MAKE THAT CONVERSATION WITH ALL OF THEM EASIER.

GRIFFITH: CERTAINLY REGIONAL PLANNING IS THE WAVE OF THE FUTURE IN WHAT WE HAVE TO DO, THERE'S NO DOUBT ABOUT THAT. IT'S JUST A CASE OF WHO'S GOING TO BE IN CHARGE, LIKE WHO ALL IS GOING TO BE ON THE BOARD. BECAUSE THAT'S WHO'S GOING TO SPEND THE MONEY ULTIMATELY. AND ALSO WHO'S GOING TO PAY HOW MUCH. THOSE ARE THE TWO THINGS.

I AGREE.

GRIFFITH: THANKS.

GOODMAN: ARE THERE ANY OTHER QUESTIONS? LET ME ASK JUST ONE. LAST NIGHT I WAS SPOKEN TO BY SEVERAL FOLKS WHO PLAY VERY CLOSE ATTENTION TO CAPITAL METRO MONEY AND TRANSPORTATION ISSUES AND EXPENDITURES AND CIP'S AND SO ON. AND THEY I THINK ALSO DIDN'T KNOW WHAT THE DIRECT BENEFIT PERHAPS WOULD BE TO THEM OR HADN'T HAD A CHANCE TO SEE IT IN THE CONTEXT OF SOME OF THE MAJORc REGIONAL ISSUES AND HOW THAT WOULD BENEFIT THEM. AND BICYCLING, PEDESTRIAN CONNECTIONS PERHAPS. DID YOU HAVE A CHANCE TO SPEAK WITH MANY, SAY, BICYCLISTS OR ALTERNATIVE TRANSPORTATION GROUPS?

I HAVE NOT YET TO DATE. AGAIN, I CAN COMMIT TO YOU THAT ALL OF THOSE KIND OF ALTERNATIVES, TRANSPORTATION WILL BE IN THE REGIONAL VISIONING PROJECT. WHEN WE TALK ABOUT A TRANSPORTATION SYSTEM, WE'RE TALKING ABOUT ON FOOT, ON ROAD, ON RAIL, ON BICYCLE AND EVERYTHING. THE EARLIER PART OF YOUR QUESTION, I DON'T KNOW THAT ANYBODY CAN PROMISE THAT MONEY COMING FROM A PARTICULAR PLACE, LIKE TRANSPORTATION, GOING INTO A REGIONAL VISIONING POT GOING TO COME OUT ONE FOR ONEc TO TRANSPORTATION-RELATED THINGS.

GOODMAN: AND I DIDN'T MEAN A CASH DOLLAR BENEFIT, I MEANT A REGIONAL TRANSPORTATION BENEFIT.

WELL, THAT IS VERY MUCH THE INTENT, IS THAT WE HAVE A BETTER CHANCE AT A REGIONAL TRANSPORTATION SYSTEM THAT INCLUDES, BICYCLE, PEDESTRIAN FACILITIES AS WELL AS EVERYTHING ELSE.

GOODMAN: BUT THEY'RE CONCERN WAS PROBABLY THAT THEY DIDN'T KNOW ALL THE DETAILS, ALL THE ISSUES, ALL THE GOALS THAT THAT SPECIFIED CASH CONSTRUCTION BENEFITS WOULD NOW BE PUT INTO A MORE CONCEPTUAL PLANNING EFFORT. AND I THINK -- I DON'T KNOW. THEY MIGHT SUPPORT THIS IF THEY WERE, YOU KNOW -- IF THEY HAD A PRESENTATION OR SOMETHING.

FAIR ENOUGH. AND CAMPO HAD THAT SAME KIND OF DISCu OF MONEY GOING INTO KIND OF A CONCEPTUAL THING. I KEEP HEARING THAT WE NEED -- THAT THE BRICK AND STICK STUFF NEEDS MORE CONTEXT: WE NEED MORE REGIONAL PLANNING. WE DON'T KNOW WHAT IT'S ALL CONTRIBUTING TO. AND I THINK THAT'S WHERE CAMPO GOT TO IN THEIR COMMITMENT. SOc I WOULD -- THAT'S EVERYBODY'S HOPE. THE PEER REVIEW THAT CAMPO DID HAD FUNDING FROM A VARIETY OF SOURCES AND WE'LL GO BACK TO ALL THOSE SOURCES AND THEY CALLED FOR A BETTER SENSE OF PLANNING AND CERTAINLY THERE'S BEEN ENOUGH IN THE PAPER FOR REGIONAL PLANNING. I FEEL I'M NOT ANSWERING YOUR QUESTION ABOUT WE HAVEN'T -- I DON'T THINK WE'VE SPENT AS MUCH TIME AS YOU ARE HOPING WE HAVE WITH THE ALTERNATIVE TRANSPORTATION FOLKS ABOUT HOW WILL THIS IMPROVE THE DEBATE AND IMPROVE THE ABILITY TO GET MONEY IN THE FUTURE. THAT IS THE INTENT, THOUGH.

GOODMAN: I KNOW COUNCILMEMBER WYNN MAY KNOW THIS TOO, BUT THE REASON I BROUGHT IT UP IS BECAUSE THEY DO VERY MUCH NEED TO BE IN THE LOOP AND BE PART OF THE FACT THAT THE KIND OF MOVEMENT THAT I BELIEVE YOU'RE ALL HOPING TO DO. IS THE TIME CONSTRAINTS SUCH THAT ONE OF TWO THINGS COULD HAPPEN, WE COULD EITHER TAKE THIS NEXT WEEK FOR YOU TO GO TO THEM AND EXPLAIN EXACTLY WHAT THIS IS SO THEY DO KNOW AND ARE NOT CONFUSED IN ANY WAY ABOUT WHAT THE MONEY WOULD GO FOR, OR CONVERSELY THERE IS A LARGE MEETING SCHEDULED FOR FEBRUARY THE 18TH. AND THAT WOULD TAKE IT -- WE DON'T HAVE A MEETING ON THE 21ST, I THINK, SO THAT WOULD TAKE IT TO FEBRUARY 28TH. ARE THE TIME CONSTRAINTS FOR YOU ALL SUCH THAT IF WE WERE ABLE TO DO THOSE THINGS -- .

WE DON'T HAVE ANY HARD TIME CONSTRAINTS WE'RE TRYING TO MEET. AS COUNCILMEMBER WYNN SAID, WHEN YOU'RE LOOKING AT SIX OR SEVEN MONTHS BEFORE YOU CAN DO ANYTHING, THAT STARTS TO LOOK LIKE WHAT ELSE CAN WE DO? ABSOLUTELY. I CAN GO TALK AND I'LL COMMIT BEVERLY TO GO TALK TO WHOEVER WOULD FEEL WE NEED TO TALK TO TO MAKE SURE YOU ALL ARE MORE COMFORTABLE WITH JUMPSTARTING THIS.

GOODMAN: THANK YOU. COUNCILMEMBER WYNN?

WYNN: THANKS, MAYOR PRO TEM. ALSO, IF I COULD, AN EXAMPLE ISSUE ABOUT THIS, WHAT THE REGIONAL DIVISIONS HAVE DONE IN MANY OTHER REGIONS ACROSS THE COUNTRY IS ESSENTIALLY IT'S A MULTIFAST AT THE TIMED. CONSENSUS DRIVEN PLAN. AND INTERESTINGLY ENOUGH, JUST AS THIS IDEA FOR A CENTRAL TEXAS REGIONAL VISIONING PROJECT WAS COMING FORWARD, WE AT CAMPO EXPERIENCED A BIG DEBATE OF ISSUES REGARDING LOOP 1 AND 183. THAT ENTIRE PROJECT. WHAT MANY OF US ON THE CAMPO BOARD SORT OF SAW WHEN WE BROUGHT IN, YOU KNOW, OUTSIDE THIRD-PARTY TECH IN A KEL ADVISORY TEAM TO WORK WITH THAT PROJECT, I THINK MANY OF US WERE SURPRISED AT HOW QUICKLY THERE WAS RELATIVE CONSENSUS AMONGST THE CAMPO MEMBERS AS AN EXAMPLE, INCLUDING REPRESENTATIVES FROM HAYS COUNTY AND WILLIAMSON COUNTY, THAT WHEN YOU START COMBINING OTHER ELEMENTS OF A PARTICULAR ISSUE THAT'S CURRENTLY IN A VACUUM, WE CAN GET THE CONSENSUS. AS AN EXAMPLE WITH THE LOOP 1. 1/183 DEBATE, ALL OF A SUDDEN WE SAW SOME OF OUR SUBURBAN REGIONAL PARTNERS AGREEING WITH THE IDEA THAT LOOP 1 -- SH 45 TO THE SOUTH SHOULDN'T BE TIED INTO I-35 BECAUSE OF POTENTIAL BYPASS ISSUES. WELL, THAT HADN'T BEEN PART OF OUR DISCUSSION AT CAMPO, BUT WHEN THE THIRD PARTY NATIONAL OBJECTIVE TECHNICAL TEAM CAME IN AND STARTED LOOKING AT OTHER ELEMENTS OF THE LARGER PICTURE, THEN ALL OF A SUDDEN THERE WAS THE CONSENSUS AND/OR THE COVER OR WHATEVER YOU WANT TO CALL IT FOR CERTAIN MEMBERS ON THE CAMPO BOARD TO SAY, YOU KNOW, THEY'RE RIGHT. IF WE WANT TO SEE THIS PROJECT MOVE FORWARD, WE NEED TO THINK ABOUT THE CONSENSUSES DOWN SOUTH. AND SO I THINK WHAT HAPPENED WAS THAT THE CAMPO BOARD, PARTICULARLY OUR REGIONAL PARTNERS, RECOGNIZED SORT OF THE BENEFIT AND ULTIMATELY THE PRAGMATIC REQUIREMENT TO HAVE MORE OF A CONSENSUS-DRIVEN REGIONAL PLAN. AND SO IT WAS -- NOT ONLY DID WE ADOPT AS A CAMPO BOARD THAT TECHNICAL TEAM'S ADVISORIES REGARDING THE LOOP 1/183 PROJECT, SOON AFTER THE BOARD VOTED TO AWORD THESE FUNDS TO THIS PROJECT. SO THAT'S SORT OF AN EXAMPLE ISSUE THAT A REGIONAL VISIONING LIKE THIS CAN REALLY, YOU KNOW, MOVE SOME PROJECTS OFF GROUND ZERO WHILE AT THE SAME TIME HELPING US ALL TO REAFFIRM OTHER ELEMENTS OF OTHER PROJECTS THAT ARE IMPORTANT TO OTHER CONSTITUENCIES WITHIN OUR REGION.

I'M NOT REAL CLEAR. WE ALREADY MET WITH THE SIERRA CLUB SUBCOMMITTEE ON TRANSPORTATION. THEY HAD SOME CONCERNS AS WELL. WE ARE TRYING TO GET AROUND TO THOSE GROUPS.

GOODMAN: OKAY. WELL, LET ME JUST ASK THIS AGAIN. I DON'T KNOW IF THERE WOULD BE A MOTION TO DO SUCH A THING, WHICH IS TO ALLOW YOU ALL TO EITHER SET UP A MEETING IN THIS COMING WEEK IN ORDER TO VOTE ON THIS ON VALENTINE'S DAY OR TO HAVE THE EXTRA OPPORTUNITY OF BEING AT THE MEETING ON THE 18TH, WHICH IS, YOU KNOW, NOT A DIFFERENT MEETING, BUT A SCHEDULED MEETING WITH A LARGE AUDIENCE. AND OUT OF THAT LET ME ALSO SAY THAT I DO SUPPORT THIS CONCEPT, THIS EFFORT. IT'S SOMETHING THAT THE CITY HAS BEEN TRYING TO DO AND BE A PART OF FOR OVER 10 YEARS. AND WE HAVE LIMITED SUCCESS SOMETIMES WITH OUR NEIGHBORS BECAUSE OF MANY YEARS OF PAST BAGGAGE THAT WE ALL HAVE TO LEARN HOW TO GET RIDc OF OR GO BEYOND. SO EVER SINCE, IN FACT, MR. BARNETT WAS CITY MANAGER AND TRIED TO INTRODUCE THE REGIONAL STRATEGIES AND REGIONAL PLANNING, IT HAS BEEN SOMETHING WE KNEW THAT WE WANTED TO DO. CAMPO IS NOT THE ENVIRONMENT OR THE FORUM TO REALLY BE ABLE TO PLAN. IT'S VERY POLITICALLY CHARGED BECAUSE IT'S SO FOCUSED AND CONCENTRATED INTO ONE MEETING A MONTH. AND YOU EITHER TALK TO EACH OTHER BEFORE YOU GET THERE OR THERE REALLY IS NOT THE TIME THERE TO CONVERSE ABOUT ANYTHING. SO I BELIEVE THE EFFORT IS RIGHT ON TARGET AND I SUPPORT IT VERY MUCH. I WOULD REALLY PREFER TO BE ABLE TO HELP THOSE BICYCLISTS AND ALTERNATIVE TRANSPORTATION ADVOCATES HEAR ABOUT IT, THOUGH, BEFORE WE ACTUALLY TOOK ACTION. WE'RE KIND OF LAYING IT ON THE TABLE NOW, BUT I DO SUPPORT IT. COUNCILMEMBER GRIFFITH?

GRIFFITH: YES. AND SO DO I. AND I WOULD MAKE -- SINCE YOU'RE PRESIDING, I CAN MAKE THAT MOTION IN YOUR HONOR.

GOODMAN: OKAY. THANK YOU, MA'AM. AND I'LL SECOND IT IN YOURS.

GRIFFITH: ALL RIGHT. AND ALSO IF THIS PASSES, COULD WE PLEASE HAVE SOMETHING LIKE A LINE ITEM BREAK DOWN OF THE TWO MILLION? I THINK THAT WOULD MAKE ALL OF US MUCH MORE COMFORTABLE ON VALENTINE'S DAY.

HOW WE'RE TRYING TO RAISE IT OR HOW WE'RE TRYING TO SPEND IT?

GRIFFITH: HOW YOU'RE TRYING TO SPEND IT. WELL, BOTH DIRECTIONS, IN AND OUT. THANKS.

WE CAN TRY.

GOODMAN: COUNCIL COMMENTS ON THE MOTION?

SLUSHER: SO THE MOTION IS ESSENTIALLY TO POSTPONE FOR A WEEK?

GRIFFITH: UNTIL THE 14TH. AND TO HAVE AS CLOSENO CARRIERRINGCONNECT 2400 [TECHNICAL PROBLEMS, PLEASE STAND BY].

GOODMAN: LET'S GO QUICKLY TO ITEM NUMBER 17.

THOMAS: MAYOR PRO TEM, BEFORE YOU DO THAT, I DID... DID -- ALSO IN THAT I WANT TO COME BACK NEXT WEEK AND MAKE SURE -- I NEEDED MORE DETAIL ABOUT THE 925,000.

GOODMAN: OKAY. I THINK WE AGREE ON THAT ONE.

THOMAS: OKAY.

GOODMAN: I HOPE TO SEE IT. COUNCILMEMBER -- COUNCILMEMBER ALVAREZ, ITEM NUMBER 17?

ALVAREZ: THANK YOU, MAYOR PRO TEM. I THINK THIS SHOULD BE A QUICK ITEM, BUT I WAS GOING TO MAKE A MOTION THAT ON THIS PARTICULAR PROJECT WE REJECT ALL BIDS AND START THE BIDDING PROCESS OVER.

THOMAS: I'LL SECOND THAT.

GARCIA: MOTION BY -- SORRY ABOUT THAT. MOTION BY COUNCILMEMBER ALVAREZ, SECONDED BY COUNCILMEMBER THOMAS TO REBID THIS PROJECT; IS THAT CORRECT? REJECT ALL BIDS.

ALVAREZ: REJECT ALL BIDS AND REBID.

MAYOR GARCIA: OKAY. WE HAVE SOME SPEAKERS. GIVEN THE ESSENCE OF THE MOTION, DO YOU STILL WANT TO SPEAK? CAROL HADNOT IS AGAINST THIS ONE. BRYAN FUENTES AGAINST IT. DOES ANYBODY WANT TO SPEAK?

NO, MAYOR.

MAYOR GARCIA: THERE'S A MOTION AND A SECOND TO REJECT ALL BIDS ON THIS PROJECT AND REBID IT. DISCUSSION? ALL THOSE IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED NO? MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. I'LL CALL UP ITEM NUMBER 19, AMEND AN ORDINANCE -- I'M SORRY, POSTPONED. THIS ONE IS POSTPONED. 19 IS POSTPONED TO MARCH THE 7TH. I'LL CALL UP ITEM NUMBER 22, WHICH IS THE WILD HORSE PUD. THIS IS FOR SECOND READING O.J..

YES, MAYOR AND COUNCILMEMBERS, I'M ALICE GLASCO, DIRECTOR OF THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. ITEM NUMBER 22 IS THE WILD HORSE PLANNED UNIT DEVELOPMENT. THE ITEM IS ZONED FOR SECOND READING BECAUSE THE APPLICANT WANTED COUNCIL TO CONSIDER SOME AMENDMENTS TO WHAT YOU APPROVED ON FIRST READING. WE HANDED YOU A LETTER ADDRESSED TO MR. PETE DWYER FROM ACE SENT CITY MANAGER LISA GORDON SPEAKING TO THE DEVELOPMENT AND TO THE OUTSTANDING ISSUES. WITH THAT WE ATTACHED A SPREADSHEET AND THE DETAILS OF THOSE ITEMS THAT HAVE BEEN AGREED TO AND THOSE THAT ARE STILL OUTSTANDING. WE WILL TILL TO WORK WITH THE APPLICANT ON OTHER ASPECTS RELATING TO THE DEVELOPMENT, LAND USE, WATER QUALITY, ETCETERA. HOWEVER, THERE ARE TWO ITEMS WE WOULD LIKE COUNCIL NOT TO INCLUDE IN THE ZONING ORDINANCE. AND THEY ARE, ONE, THE ASPECT THAT RELATES TO ECONOMIC DEVELOPMENT INCENTIVES PURSUANT TO CHAPTER 380 IN THE LOCAL GOVERNMENT CODE. THAT ASPECT IS NOT A ZONING MATTER AND WE DO NOT WANT THAT INCLUDED IN THE ZONING ORDINANCE. ITEM NO. 2 HAS TO DO WITH THE CIP WATER AND WASTEWATER SERVICE REQUEST OR AGREEMENT THAT ARE NOT RELATED TO ZONING. WE WOULD ALSO LIKE FOR COUNCIL NOT TO INCLUDE THIS PARTICULAR ITEM IN THE ZONING ORDINANCE. HAVING SAID THAT, STAFF WILL CONTINUE TO WORK WITH THE APPLICANT IN TRYING TO NEGOTIATE AND RESOLVE THE OTHER OUTSTANDING LAND USE AND/OR WATER QUALITY ISSUES THAT WE HAVE OUTLINED IN THE SPREADSHEET. THE CASE CAN THEN GO FROM SECOND READING IF COUNCIL CAN CONSIDER DIRECTING US TO DELETE THOSE TWO ITEMS. THE 380 ISSUE AND THE WATER AND WASTEWATER AGREEMENTS RELATING TO SERVICE EXTENSION.

MAYOR GARCIA: MS. GLASCO, ON THE -- THE WORKSHEET THAT SAYS AREAS OF DISAGREEMENT, THAT WOULD BE ITEM NUMBER ONE, ECONOMIC DEVELOPMENT PROGRAM PURSUANT TO LOCAL DEVELOPMENT CODE CHAPPERTER 380. AND WHAT'S THE OTHER ONE?

THAT'S THE ONE THAT WE WOULD LIKE TO NOT INCLUDE IN THE ZONING ORDINANCE. AND THEN ITEM NO. 2 WOULD BE WATER AND WASTEWATER ITEMS, THAT IS CORRECT?

MAYOR GARCIA: ITEM NO. 5, THOSE WHO WILL NOT BE CONSIDERED IN THE SECOND -- TWO WILL NOT BE CONSIDERED IN THE SECOND READING.

THAT'S CORRECT.

MAYOR GARCIA: WHAT ABOUT THE RIGHT-OF-WAY PROPOSAL AND THE SIGNAGE THAT'S ITEM NUMBER 4? CAN WE TAKE ITEM NUMBER 4? I THINK THERE MAY HAVE BEEN A MISUNDERSTANDING HERE. WHAT I WAS TALKING ABOUT HERE WERE BILLBOARDS. THAT WE WOULD NOT HAVE BILLBOARDS, WE WOULD MAKE THIS A SEENIC ROADWAY.

THAT'S WHAT WE UNDERSTOOD TOO. THE SCENIC ROADWAY ORDINANCE REQUIRES THAT YOU HAVE MORE PROFILE SIGNS, AT LEAST SIGNS THAT ARE NOT BILLBOARDS.

MAYOR GARCIA: I THINK THERE MIGHT HAVE BEEN A MS. UNDERSTANDING ON THE PART OF THE DEVELOPER THINKING WE WERE TALKING ABOUT SIGNAGE THAT HAD TO DO WITH DIRECTION. AND THAT'S NOT WHAT I WAS TALKING ABOUT.

MY UNDERSTANDING IS THE APPLICANT UNDERSTANDS YOUR PROPOSAL. HE DID NOT AGREE WITH HAVING TO BE LIMITED. IS THE APPLICANT HERE?

MAYOR GARCIA: IS THE APPLICANT HERE?

MAYOR, I BELIEVE WE CAN RESOLVE THIS ISSUE WITH ALL THE OTHERS WHEN WE COME BACK ON SECOND AND THIRD READINGS. MY UNDERSTANDING IS THAT HE MIGHT BE ABLE TO STAFF'S PROPOSAL, WHICH WOULD THEN ADDRESS YOUR REQUEST.

MAYOR GARCIA: WE DON'T HAVE ANY SPEAKERS ON THIS ONE, SO ON SECOND READING WE WOULD NOT INCLUDE THE ECONOMIC DEVELOPMENT PROGRAM PURSUANT TO LOCAL GOVERNMENT CODE CHAPTER 380 AND WE WOULD NOT INCLUDE THE WATER AND WASTEWATER FACILITIES AGREEMENT.

THAT'S CORRECT. THAT'S CORRECT.

MAYOR GARCIA: SO I'LL SFWRAIN A MOTION ON THAT AND -- WELL, LET ME ASK THE COUNCIL IF YOU HAVE ANY QUESTIONS OF STAFF ON THIS ISSUE. ANYBODY? OKAY. I'LL ENTERTAIN A MOTION TO APPROVE ON SECOND READING WITH THE UNDERSTANDING THAT ITEMS 2, WHICH IS THE PROPOSAL FOR THE RIGHT-OF-WAY, ITEM 3, WHICH IS THE IMPERVIOUS COVER ISSUE, ITEM 6, WHICH IS APPLICANT PROPOSES DEADLINE OF 4-14 FOR THE E.M.S. SIGN. ITEM 7, WHICH THE APPLICANT PROPOSES DEADLINE OF 4-15 TO RESERVE PARCEL FOR LIGHT RAIL. AND ITEM NUMBER 8, WHICH IS LAND USE AND SITE DEVELOPMENT REGULATIONS FOR 1,999 ACRES. THOSE ARE NOT PART OF THE SECOND READING; IS THAT CORRECT? THERE ARE AREAS OF DISAGREEMENT AT THIS TIME?

WHAT WE WOULD RECOMMEND FOR THESE ITEMS THAT YOU WOULD JUST APPROVE STAFF RECOMMENDATION. WHAT YOU APPROVED ON FIRST READING AND WITHIN THE NEXT FEW DAYS WE CAN CONTINUE TO NEGOTIATE ON ALL THOSE ITEMS.

MAYOR GARCIA: ALL RIGHT, I'LL ENTERTAIN A MOTION.

WYNN: ONE QUESTION, MAYOR.

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: SO MS. GLASCO, YOU'RE SAYING IF WE APPROVE ON OUR SECOND READING WHAT WE APPROVED ON OUR FIRST READING, IT'S THE STAFF'S POSITION, BUT THE DEVELOPER IS NOT IN AGREEMENT WITH FIVE OR SIX PIECES OF IT. AND SO ARE WE TO ASSUME THEN THAT IF -- THAT THE DEVELOPMENT TEAM WOULDN'T BRING IT BACK FOR A THIRD READING AS IT IS? THAT SORT OF BY DEFINITION THIS COULD NOT BE APPROVED ON THIRD READING BECAUSE THE DEVELOPMENT TEAM IS NOT IN AGREEMENT WITH IT?

WELL, THE ITEMS THAT ARE STILL OUTSTANDING WE'RE MAKING GOOD PROGRESS. WE BELIEVE THAT WE CAN NEGOTIATE ON MOST OF THEM BETWEEN NOW AND THIRD READING. SO WE WILL HAVE AN ORDINANCE PREPARED FOR THIRD READING INDICATING HOW WE RESOLVED THOSE ISSUES. RIGHT-OF-WAY DEDICATION, SCENIC ROADWAY AND ALSO ALL THE IMPERVIOUS COVER ASPECTS. DOES THAT ANSWER YOUR QUESTION, COUNCILMEMBER WYNN?

WYNN: YES, WELL ENOUGH.

DID YOU HAVE A SUGGESTION FOR US?

WYNN: I THINK I'LL PROBABLY VISIT WITH STAFF IN THE INTERVENING WEEKS.

MAYOR GARCIA: COUNCILMEMBER THOMAS?

THOMAS: I'LL SECOND IT.

MAYOR GARCIA: OKAY. THE MOTION WAS MADE BY COUNCILMEMBER WYNN. NO? WHO MADE THE MOTION? ANYBODY MAKE THE MOTION THIS WOULD BE FOR STAFF RECOMMENDATION?

GRIFFITH: I WILL.

MAYOR GARCIA: MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY COUNCILMEMBER THOMAS. DISCUSSION? AGAIN, I WANT TO MAKE SURE THAT ALL THE COUNCILMEMBERS HAVE THIS LETTER FROM -- DATED JANUARY THE SIXTH FROM MS. MORE DON TO MR. DWYER AND ALL THE WORKSHEETS THAT ARE BACKING UP THE LETTER. DOES EVERYBODY HAVE THAT? IF NOT, STAFF, IF YOU COULD GET THAT TO THE COUNCILMEMBERS. FURTHER DISCUSSION? ALL THOSE IN FAVOR OF THE ITEM FOR SECOND READING ONLY, PLEASE INDICATE BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO.

WYNN: NO.

MAYOR GARCIA: MOTION CARRIES ON A VOTE OF SIX TO ONE, WITH COUNCILMEMBER WYNN VOTING NAY.

THANK YOU, COUNCIL.

GOODMAN: MAYOR, I COULD FOREWARN STAFF AS THEY WALK AWAY THAT I DON'T AGREE WITH ALL THE STAFF RECOMMENDATIONS, BUT TO MOVE IT FORWARD ON SECOND READING, I VOTED FOR IT.

MAYOR GARCIA: I GUESS ONE OF THE THINGS THAT WOULD BE HELPFUL TO STAFF IS IF YOU WOULD COMMUNICATE THOSE THINGS TO THEM SO THAT BEFORE THE THING COMES BACK TO THIRD READING WE CAN HAVE THOSE ITEMS EITHER DISAGREED OR WORKED OUT. WE'LL TAKE ABOUT A THREE-MINUTE RECESS. WE HAVE ITEM NUMBER 13 COMING UP AT 3:30 TIME CERTAIN.

THAT WOULD BE GREAT BECAUSE I CAN ASK BETTIE AND TRISH OR WHOEVER IS GOING TO ASK BET.

MAYOR GARCIA: THOSE OF YOU WHO WILL BE ANSWERING QUESTIONS OF THE STAFF, IF YOU COULD TAKE SEATS RIGHT HERE NEXT TO THE CITY CLERK, I WOULD APPRECIATE IT.

[ONE MOMENT, PLEASE, WHILE CAPTIONERS CHANGE]

MAYOR GARCIA: WE ARE CALLING UP FOR CONSIDERATION ITEM NO. 13, WE WILL READ IT INTO THE RECORD. IT'S APPROVAL OF RESOLUTION 1 AUTHORIZING EXECUTION OF THE AMENDMENT TO THE BRACKENRIDGE HOSPITAL LEASE AGREEMENT FOR RE VISIONS TO THE PROVISION OF REPRODUCTIVE SERVICES INCLUDING THE FIFTH -- REMOVING OF THE FIFTH FLOOR FROM THE LEASE AND ADJUSTMENT IN PAYMENTS AND ANCILLARY SERVICES AGREEMENT WITH THE DAUGHTERS OF CHARITY, HEALTH SERVICES OF AUSTIN, DBA SETON AND TWO, DIRECTING THE CITY MANAGER TO CONDUCT ANALYSES OF THE CURRENT HEALTH CARE SYSTEM IN AUSTIN TRAVIS COUNTY AND DEVELOP ALTERNATIVES AND SOLUTIONS OVER A THREE YEAR PERIOD WITH ANNUAL REPORTS TO THE COUNCIL AND 3 DIRECTING THE CITY MANAGER TO MAKE RECOMMENDATIONS TO THE TOWN ON THE PROCESS TO IMPLEMENT THIS ANALYSIS IN QUORD NATION WITH THE ELECTED OFFICIALS COLLABORATING ON REGIONAL HEALTH CARE AND THEIR APPOINTED TECHNICAL ADVISORY COMMITTEE.

LET ME THANK EVERYBODY FOR HELPING US WITH THIS ISSUE THAT HAS BEEN DIFFICULT FOR OUR COMMUNITY TO ADDRESS. I PARTICULARLY WANT TO THANK OUR STAFF WHO HAS BEEN VERY COOPERATIVE THIS GETTING US THE INFORMATION THAT THE COUNCIL HAS NEEDED, ANSWERING SOME VERY TOUGH QUESTIONS. GETTING US THE LEGAL ADVICE THAT -- THAT THE COUNCIL HAS REQUESTED, SO THAT -- SO THAT THE COUNCIL IS FULLY INFORMED. ALSO, I WANT TO THANK THE -- SETON PERSONNEL, FOR -- FOR THEIR COOPERATION AND THE -- IN THE DISCUSSIONS AS WE HAVE MOVED THROUGH THE PROCESS. AND ALSO I WANT TO THANK THE CITIZENS WHO HAVE COME AND EXPRESSED THEIR VIEWS ON THIS ISSUE. THIS HAS NOT BEEN AN EASY ISSUE FOR US TO -- TO ADDRESS. BUT -- BUT IN CLOSING I WANT TO SAY, ALSO, MY COMMENTS, ALSO, I WANT TO SAY TO THE COUNCIL THAT I APPRECIATE THE MANNER IN WHICH THIS -- THIS ISSUE HAS BEEN DISCUSSED, THE THOROUGHNESS WITH WHICH THIS HAS BEEN DISCUSSED. I THINK WE DISCUSSED SO MANY DIFFERENT THINGS ON THIS PARTICULAR ITEM THAT -- THAT -- I'M GOING TO ADMIT THIS, EVEN THOUGH WE WILL NEVER GET TO DISCUSS ALL OF THE ISSUES, WE CAN'T BECAUSE THERE ARE SITUATIONS THAT COME UP THAT ARE DIFFICULT TO REDUCE TO WRITING IN CONTRACTS, I THINK WE HAVE HAD VERY, VERY GOOD DISCUSSIONS AND WE HAVE ADDRESSED WHAT IS A -- WHAT IS A CRITICAL ISSUE IN THIS COMMUNITY AND THAT IS HOW DO WE PROVIDE THIS KIND OF SERVICES TO THE INDIGENT POPULATION, THE INDIGENT WOMEN IN THIS COMMUNITY. -- THIS IS NOT -- NOT WITHOUT ITS CONTROVERSY, BUT I THINK IT'S AN ISSUE THAT AUSTINITES HAVE ALWAYS WANTED TO ADDRESS AND -- AND HAVE DONE SO IN A POSITIVE WAY. I ALSO WANT TO THANK RABBI ELIZABETH DUNSKER AND REVEREND JIM RIG BEE WHO WROTE -- RIGBY WHO WROTE THE GUEST EDITORIAL, THE VIEWPOINT, AND -- AND EDITORIAL IN THIS MORNING'S PAPER. AND IT SAYS THAT THE CITY AND SETON MUST CRAFT A DETAILED AGREEMENT THAT WILL ENSURE THESE SERVICES ARE -- CONTINUE TO BE AVAILABLE. I THINK THAT THAT'S BASICALLY WHAT WE ARE TRYING TO DO WITH THIS IS CRAFT AN AGREEMENT THAT WE CAN LIVE WITH. NOW, LET ME SAY THAT FOR THE LONG TERM, THIS COMMUNITY AND THE -- AND THE COUNTIES THAT LOOK TO SETON FOR ACUTE CARE FOR TRAUMA SERVICES ARE GOING TO HAVE TO LOOK AT A HOSPITAL DISTRICT. WE CANNOT GET AWAY FROM THAT BECAUSE THE COST OF PROVIDING THE SERVICES IS INCREASINGLY BURDENSOME TO -- TO THE TAX BASES THAT YOU HAVE IN COMMUNITIES. SO -- SO THE RESOLUTION THAT WE HAVE PREPARED TAKES INTO CONSIDERATION WHAT -- WHAT WE, AS GOVERNMENTAL ENTITIES NEED TO DO TO MOVE IN THAT DIRECTION. BUT UNTIL THEN, WE HAVE TO FIND WAYS TO PROVIDE THE SERVICES WITHIN THE STRUCTURES THAT WE HAVE BY -- BY REALIGNING THE CONTRACTS, AMENDING THEM AS WE -- AS WE -- AS WE DEEM APPROPRIATE. THAT SAID, I'M GOING TO RECOGNIZE STAFF FIRST, THE CITY MANAGER, FOR ANY EXPLANATIONS THAT MAY -- THAT MAYBE NEED TO BE PROVIDED AT THIS TIME AND THAT YOU RECOGNIZE ANY STAFF MEMBERS THAT -- THAT MAY WANT TO HAVE SOME COMMENTS. THEN I WILL GO TO THE -- TO THE COUNCILMEMBERS FOR QUESTIONS. I -- AT THE LAST MEETING, WE -- WE DECIDED THAT WE WERE NOT GOING TO HAVE ANY MORE PUBLIC TESTIMONY. WE HAVE TWO PEOPLE SIGNED UP TO SHE, MR. SULZER WHO I ALREADY READ THE CARD INTO THE RECORD AND ALSO NANCY NAVBLE, SHE DOES NOT WISH TO SPEAK, AGAINST THIS PROPOSAL, SHE WROTE ON THE CARD, I WILL READ THIS: THIS IS AN EXPENSIVE AND CONTROVERSIAL TEMPORARY SOLUTION. AN INDEPENDENT CONTRACTOR SHOULD BE FOUND UNTIL AUSTIN HAS A HOSPITAL DISTRICT TO EQUALLY CARE FOR ALL RESIDENTS AND -- AND CITY MANAGER, I WILL RECOGNIZE YOU AT THIS TIME.

GARZA: MAYOR AND COUNCIL LET ME JUST AT THIS TIME CALL ON BETTY DUNKERLY WHO SPEARHEADED THE NEGOTIATIONS ON THIS FOR SOME BRIEF COMMENTS ABOUT WHAT THIS DOES -- WHAT THE AMENDMENT DOES AND WHAT IT DOESN'T DO AND -- AND THEN WE WILL BE AVAILABLE TO ANSWER QUESTIONS, AS WELL AS -- BET COMMUNITY WILL BE -- BETTY WILL BE NEEDED TO --

SEVERAL OF THE COUNCILMEMBERS HAVE ASKED THAT I VERY CLEARLY ARTICULATE IN LAYMEN'S LANGUAGE WHAT THIS LEASE AMENDMENT LAY ALLOWS US TO DO, WHAT IT DOESN'T ALLOW US TO DO, WHAT WE ARE GOING TO DO IN THOSE INSTANCES WHERE WE HAVE SOME CONFLICT IN ADDITION WHAT OPTIONS THE COUNCIL HAS TO CONSIDER AT THIS TIME. I THINK SINCE SETON FORMALLY NOTIFIED US IN JUNE OF 2001, STAFF HAS EXPLORED SEVERAL OPTIONS OF HOW TO DEAL WITH THE PROBLEM OF THE ETHICAL AND RELIGIOUS DIRECTIVES. WE LOOKED AT A VERY LIMITED INSURANCE MODEL THAT WOULD ALLOW US TO DO TUBALS AT ANOTHER -- AT OTHER SITES IN THE COMMUNITY. WE LOOKED AT A CONTRACTING OUT MODEL. AGAIN LIMITED TO TUBAL LIGATIONS AND THAT WOULD ALSO BE DONE AT ANOTHER FACILITY. THEN WE LOOKED AT A FIFTH FLOOR HOSPITAL WITHIN A HOSPITAL OPTION. BOTH THE DOCTORS THAT WORK IN OUR CLINICS AND AT BRACKENRIDGE AND MOST OF THE HEALTH ADVOCATES SHOWED A VERY STRONG DESIRE TO KEEP THESE SERVICES ON THE BRACKENRIDGE CAMPUS, IF POSSIBLE. AND SO THAT'S WHY WE FOCUS SO MUCH OF OUR WORK ON THE FIFTH FLOOR HOSPITAL WITHIN A HOSPITAL. I WOULD LIKE TO REITERATE THAT THE LEASE WITH SETON GIVES THE CITY AND THE COMMUNITY A GREAT MANY ADVANTAGES. FOR EXAMPLE, THIS PARTNERSHIP IS WITH THE ONLY NON-PROFIT HOSPITAL WITH -- LIKE THE CITY HAS OVER 100 YEARS HISTORY OF DELIVERING CARE TO THE POOR. AND THEY PROVIDE PROFESSIONAL MANAGEMENT ON A DAY-TO-DAY BASIS AT BRACKENRIDGE. ADDITIONALLY, OUR MEDICALLY INDIGENT PATIENTS HAVE ACCESS TO ALL OF THE SETON FACILITIES. NOT JUST BRACKENRIDGE HOSPITAL. SETON ALSO TAKES THE RISK OF PROVIDING INDIGENT CARE FOR ALL OF THE INDIGENT THAT GOES ABOVE THE 5.6 MILLION CONTRIBUTION THAT WE PROVIDE THEM EACH YEAR. THIS PAST YEAR, THAT WOULD HAVE MEANT THAT HAD WE HAD THE HOSPITAL, WE WOULD HAVE HAD TO HAVE PROVIDED ANOTHER 14 PLUS MILLION DOLLARS IN -- IN INDIGENT CARE TO THIS COMMUNITY. AND -- AND ALSO TO -- TO REMIND YOU THAT SETON HAS DONE -- HAS SOME $60 MILLION WORTH OF -- DONE SOME $60 MILLION WORTH OF CAPITAL IMPROVEMENTS TO THE HOSPITAL SINCE THEY HAVE BEEN OPERATING IT. MANY OF THOSE DOLLARS HAVE GONE INTO CHILDREN'S HOSPITAL ITSELF. NOW, TO GET TO THE LEASE AMENDMENT, I WOULD LIKE TO VERY CLEARLY SAY THE THINGS THAT WE GET OR THE THINGS THAT WE CAN DO. WE GET MUCH NEEDED EXPANDED FACILITIES ON THAT FIFTH FLOOR CAPABLE OF HANDLING SOME 1300 ADDITIONAL DELIVERIES. WE GET THE ABILITY TO -- TO DO TUBAL LIGATIONS ON THE FIFTH FLOOR. WHILE SETON CAN NO LONGER HAVE US DOING THOSE IN THE HOSPITAL THAT THEY MANAGE. WE HAVE -- WE WILL HAVE A PHARMACY ON THE FIFTH FLOOR THAT CAN DISTRIBUTE NORMAL CONTRACEPTIVE METHODS, WHICH SETON IS NOT ABLE TO DO. AND WE WILL HAVE ENHANCED BIRTH CONTROL, EDUCATION ON BOTH THE FIFTH FLOOR AND THE SECOND FLOOR AND THIS WILL PLAY A BIG ROLE IN -- IN SHH OF THE OTHER ISSUES WE TALK ABOUT LATER. FINALLY, WE CAN ADMINISTER EMERGENCY CONTRACEPTIONS -- CONTRACEPTIVES TO RAPE AND SEXUAL ASSAULT VICTIMS. WHAT WE CAN'T DO IS WE CAN'T ADMINISTER EMERGENCY CONTRACEPTIVES TO PATIENTS WHO DO NOT IDENTIFY THEMSELVES AS RAPE OR SEXUAL ASSAULT VICTIMS. HOWEVER, FEW OF -- HOWEVER FEW THOSE MIGHT BE THAT HAVE HAD THE EXPERIENCE OF A FAILED CONTRACEPTIVE MEASURES, THIS IS WHAT WE INTEND TO DO TO MAKE SURE THAT THOSE PEOPLE, THOSE WOMEN, GET THE SERVICES THAT THEY NEED AND -- AND REQUIRE. WITH OUR ENHANCED STYLE, WE WILL MAKE SURE WITHIN THE 72 HOUR PERIOD THEY EITHER GET TO THEIR FAMILY DOCTOR OR THEY GET TO OUR PRIMARY HEALTH CARE CLINIC. THERE THEY WILL GET THE MEDICATION THEY HAVE REQUESTED. THEY WILL HAVE A MORE COMPREHENSIVE BIRTH CONTROL COUNSELING SESSION, THEN THEY WILL BE PROVIDED WITH A MEDICAL HOME SO THAT THEY CAN RETURN FOR WHATEVER MEDICAL CONDITION MAY ARISE. IN ADDITION, THERE ARE THREE -- THREE OTHER THINGS THAT I WOULD LIKE TO -- TO PERHAPS RECOMMEND THAT THE COUNCIL CONSIDER. SHORT-TERM, MEDIUM-TERM AND LONG-TERM ENHANCEMENTS THAT WOULD HELP US THROUGH THIS ISSUE. SHORT-TERM, I WOULD LIKE TO REQUEST THAT WE IMMEDIATELY INCREASE THE FAMILY NURSE EDUCATOR STAFFING LEVEL TO INCREASE THE FAMILY PLANNING COUNSELING COVERAGE AT BRACKENRIDGE TO INCLUDE EXPANDED WEEKLY HOURS AND WEEKEND HOURS. SECONDLY, IN THE MIDDLE TERM, I WOULD LIKE TO HAVE THE COUNCIL DIRECT US TO CONTINUE TO -- DID TO -- RATHER TO ESTABLISH A PRIMARY CARE CLINIC AT OR NEAR THE BRACKENRIDGE CAMPUS. WE HAVE BEEN WORKING ON THIS IDEA FOR ABOUT A YEAR, BUT -- BUT WE HAVE GOT PULLED OFF TO WORK ON THIS ISSUE. THAT WOULD DO TWO THINGS: IT WOULD HELP PULL AWAY PATIENTS FROM -- FROM THE EMERGENCY ROOM THAT -- THAT GO THERE INAPPROPRIATELY. THEY COULD JUST AS EASILY GO TO A -- TO AN FQHC CLINIC IF ONE WAS NEARBY AND HAD THE EXTENDED HOURS THAT ARE NEEDED. IN ADDITION, IT COULD ALSO PROVIDE US ANOTHER WAY TO PROVIDE THE EMERGENCY CONTRACEPTIVE SERVICES FOR WOMEN WHO HAVE NOT BEEN IDENTIFIED AS RAPE OR SEXUAL ASSAULT VICTIMS. AND THEN LONG-TERM, I WOULD LIKE TO ECHO WHAT THE MAYOR JUST MENTIONED. THAT -- THAT WE REALLY NEED TO CONTINUE TO WORK TO EVALUATE AND DEVELOP PLANS FOR A REGIONAL FINANCING MECHANISM THAT WILL HELP WITH THE DELIVERY OF CARE, NOT ONLY IN -- IN THE CHILDREN'S HOSPITAL, THE TRAUMA CENTER, BUT CARE IN GENERAL SO THAT ALL OF OUR CITIZENS HAVE ACCESS TO THE -- TO THE MEDICAL CARE THAT THEY NEED. I THINK THE OPTIONS THAT YOU HAVE, IF YOU DON'T APPROVE THIS AMENDMENT, REALLY FALL INTO THREE BASIC CATEGORIES. NUMBER ONE, WE COULD GO BACK AND LOOK AT SOME LIMITED INSURANCE MODEL TO HELP -- CERTAINLY WE COULD DO THAT RELATING TO THE TUBALS. WE COULD LOOK AT A CONTRACTING MODEL, WHICH AGAIN IS A VERY LIMITED SOLUTION, OR THIRDLY, WE COULD BEGIN TO START TO UNWIND THE LEASE AND ACTUALLY TAKE THE HOSPITAL BACK. I THINK THE FINANCE DIRECTOR, JOHN STEVENS, HAS PRESENTED WHAT THOSE DOLLARS WOULD BE, I THINK THOSE ARE VERY CONSERVATIVE NUMBERS. SO I BELIEVE THE FINANCIAL IMPLICATIONS OF DOING THAT, AT THIS STAGE, WITHOUT ADDITIONAL RESOURCES, THOSE IMPLICATIONS ARE VERY SEVERE. INITIALLY, THE FIRST YEAR WE WOULD NEED ABOUT $65 MILLION ADDITIONAL DOLLARS. AND THEN AFTER THAT FIRST YEAR, WE WOULD NEED $10 MILLION A YEAR TO PROVIDE THE SUBSIDY FOR THE CLINICS AND MAP PROGRAM THAT CURRENTLY COME FROM PROCEEDS THAT COME FROM SETON IN THE FORM OF THEIR LEASE PAYMENT AND IN THE FORM OF THEM SHARING THE DISPRO MONEY. THAT $65 MILLION WOULD TRANSLATE IMMEDIATELY INTO A 13.5 CENT TAX INCREASE, BRINGING OUR TAX RATE TO SLIGHTLY MORE THAN 60 CRENTSES. I HAVE WORKED ON THIS -- CENTS. I HAVE WORKED ON THIS PROBLEM, ISSUE, WHATEVER YOU WANT TO CALL IT, FOR ALMOST A YEAR NOW. I THINK IF I COULD HAVE COME UP WITH A FINANCIALLY VIABLE SOLUTION THAT WOULD HAVE OFFERED AS MANY BENEFITS AS THIS SOLUTION DOES, I WOULD HAVE BROUGHT THAT SOLUTION TO YOU TODAY. I DON'T HAVE ANOTHER SOLUTION AT THIS TIME. AND I WOULD LIKE TO -- TO RECOMMEND THAT YOU APPROVE THE LEASE AMENDMENT THAT WE HAVE BEFORE YOU TODAY.

MAYOR GARCIA: THANK YOU, MS. DUNKERLY. WE ALSO HAVE REPRESENTATIVE GLEN MAXEY HERE. REPRESENTATIVE MAXEY, IF YOU COULD JOIN US AT THE TABLE HERE IN CASE THERE'S QUESTIONS ABOUT THE HOSPITAL DISTRICT, I THINK. YOU HAVE BEEN WORKING WITH THE CITY ON THAT PARTICULAR ISSUE. SO -- SO LET ME RECOGNIZE COUNCILMEMBERS THAT HAVE QUESTIONS AND WHOEVER WANTS TO START CAN START AT THIS TIME. ARE THERE QUESTIONS OF STAFF? MAYOR PRO TEM?

GOODMAN: THERE WERE A COUPLE OF QUESTIONS ASKED DURING CITIZEN COMMUNICATION AND THEY COME UP OFTEN ENOUGH, AS LONG AS THEY ARE UNADDRESSED I THINK THAT THEY RETAIN A LEGITIMACY THAT THEY MAY NOT HAVE. SO I DON'T KNOW IF WE HAVE THE ANSWERS RIGHT NOW. BUT I WOULD LIKE US TO DURING THIS DISCUSSION, SEE IF WE CAN'T GET THE ANSWERS TO THEM. THERE IS A -- AN ISSUE MADE ABOUT BRACKENRIDGE AND SERVICES BY SETON RELATIVE TO MALES AND CHILDREN. AND I WOULD LIKE TO KNOW WHAT CIRCUMSTANCES OR WHAT SITUATIONS THAT REFERS TO. IT'S TRUE THAT IN THIS INSTANCE WE ARE CONCENTRATING ON WOMEN AND REPRODUCTIVE SERVICES, BUT THE ISSUE ALSO REMAINS THAT -- THAT SETON HAS BEEN -- BEEN A STELLAR PROVIDER OF MEDICAL CARE, WE THINK, FOR ALL OF THE FOLKS WHO COME TO THOSE DOORS BECAUSE THEY ARE NOT TO BE CLOSED TO ANYONE. SO IF THERE IS AN ISSUE ABOUT SOMEHOW A CONFLICT BETWEEN COMMUNITY COMMITMENT AND SETON COMMITMENT TO ANY CARE OF MALE AND CHILDREN, PATIENTS, WE SHOULD AIR THAT NOW. AND FIND OUT IF THERE IS ANY LEGITIMACY TO IT. ALSO, IF IT'S POSSIBLE, I WOULD LIKE TO SEE A COPY OF THE LAWSUIT, THE ACLU VERSUS SETON ABOUT THE PUBLIC FUNDS. I AM -- I'M GETTING A CONCEPT OF -- OF WHAT THAT -- WHAT THAT CHALLENGE IS ALL ABOUT. BUT NOT SPECIFICS.

GARZA: THE ACLU HAS FILED A LAWSUIT?

GOODMAN: THAT IS WHAT A PERSON -- WELL, THAT'S WHAT -- THAT'S WHAT I HEARD. MAYBE I WASN'T LISTENING CAREFULLY? THEY WERE CHALLENGING AT LEAST, ACLU WAS CHALLENGING?

GARZA: I HAVE NOT -- THEY MAY BE -- NOTHING HAS BEEN DONE AS YET.

GOODMAN: WELL, IF THERE'S A WAY JUST TO SEE THE CONCEPTS WRITTEN DOWN IN SOME KIND OF FORMAT SO WE KNOW WHAT THE ISSUES ARE. WHAT DID OR DIDN'T HAPPEN THAT'S BEING CHALLENGED. THE OTHER THING IS THAT SOMETIMES PEOPLE DO COME AND IN THE FRENZY OF AN EMERGENCY ROOM SITUATION, I KNOW THAT IT IS SOMETIMES EASY TO BE BRUSK OR DO AND SAY THINGS THAT MAY SEEM DISRESPECTFUL TO FOLKS, ESPECIALLY WITHOUT THE WAY TO PAY FOR SERVICES. SO I WOULD LIKE TO HAVE SOMEBODY'S COMMENT ON IF ANYTHING IN THIS CONTRACT SPEAKS TO OR PERSONNEL ISSUES AT SETON SPEAK TO -- TO THE RESPECT AND THE ATMOSPHERE AND THE ATTITUDE THAT MUST GO FOR ANY PATIENT THAT WALKS THROUGH THE DOORS, I'M SURE IT'S NOT A POLICY TO BE RUDE OR DISRESPECTFUL. SO -- SO I WOULD LIKE TO KNOW IF THERE ARE SPECIFICS THAT RULE THAT AND IF MAYBE WE NEED TO BEEF THEM UP OR -- JUST THIS COMMUNICATION BETWEEN TWO ENTITIES HAVE SOME MORE ORIENTATION AND STAFF TRAINING OR WHAT HAVE YOU.

GARZA: WITH RESPECT, MAYBE BETTY OR SOMEBODY FROM -- FROM SETON CAN -- CAN SPEAK TO THIS, BUT WITH RESPECT TO MEN AND CHILDREN'S SERVICES, I DON'T KNOW OF ANY ISSUE IN WHICH THAT -- THAT'S AND HE -- I MEAN YOU RUN WITH CHILDREN'S HOSPITAL -- I DON'T KNOW EXACTLY WHERE THAT QUESTION WAS GOING. BUT THIS SPECIFIC FIFTH FLOOR, BECAUSE OF THE SERVICES IT'S PROVIDING, IS UNIQUE TO WOMEN. SO, YOU KNOW, I DON'T KNOW WHETHER -- WHETHER THERE'S SOME ISSUES THAT I'M NOT UNDERSTANDING.

GOODMAN: NO. I THINK IT'S KIND OF BEEN THE SAME THING AS WHAT I JUST ASKED ABOUT. RESPECT FOR ANY PATIENT WHO WALKS THROUGH THE DOOR. JUST AS LONG AS WE ARE TALKING ABOUT THE CONTRACT. LET'S GO AHEAD AND LAY THOSE OUT. MR. SULZER IS RIGHT THERE. PERHAPS MS. YOUNG COULD JUST ASK HIM PRIVATELY WHAT THOSE ISSUES WERE AND THEN WE CAN RESEARCH DURING THE TIME WHEN WE ARE TALKING ABOUT THAT.

GARZA: WITH RESPECT TO WHEN WE GET COMPLAINTS, ABOUT SERVICES AT SETON, OUR AT BRACKENRIDGE, THERE'S A PROCESS BY WHICH THOSE COMPLAINTS ARE HEARD. THEY ARE EITHER WRITTEN TO US OR THEY ARE WRITTEN TO THE PRIMARY CARE DEPARTMENT, WHICH IS THE OVERSIGHT. THOSE ARE DISCUSSED AND VISITED, SHOULD BE VISITED THROUGH THE OVERSIGHT PROCESS, THE OVERSIGHT COUNCIL BECAUSE IT'S -- BECAUSE WHEN SETON SIGNED ON WITH THE DEAL WITH US, IT WAS TO PROVIDE SERVICES WITHOUT -- REGARDLESS OF PEOPLE'S ABILITY TO PAY. NOW, I WILL HAYSSTEN TO SAY THAT -- HEY.... HASTEN TO SAY EVEN WITH THE -- WITHIN THE CLINIC SYSTEM WE ASK FOLKS FOR CO-PAY. IN THE SPECIFIC EXAMPLE THAT WAS PRESENCED TO US BY MR. PENA WHERE THE INDIVIDUAL WAS NEEDING SOME MEDICAL TREATMENT, WE CAN -- IF THERE'S A NAME THAT HE CAN GIVE US, WE WILL CERTAINLY BE HAPPY FOLLOW THAT UP AND FIND OUT WHAT HAPPENED. I KNOW IN ONE INSTANCE WHERE WE WERE GIVEN A COMPLAINT ABOUT A SPECIFIC INDIVIDUAL. WHEN THAT WENT THROUGH CHANNELS, I PASSED IT ON, SETON DEALT WITH THAT EMPLOYEE, THEY DEALT WITH THEM IN THE CORRECT MANNER AND ASSURED THAT THEY UNDERSTOOD THE PROPER PROTEST COAL IN TERMS OF DEALING -- PROTOCOL IN TERMS OF DEALING WITH HUMAN BEINGS WHO WALK THROUGH THAT DOOR. MAYBE BETTY OR TRISH CAN ADD TO THAT.

I THINK YOU ARE EXACTLY RIGHT. I DO HAVE THE ANSWER FOR THE QUESTION ABOUT THE MEN AND THE VASECTOMIES. THAT PROCEDURE IS USUALLY NOT DONE IN HOSPITALS. WE WILL BE ABLE TO DO THAT ON THE FIFTH FLOOR IF IT BECOMES NECESSARY.

GOODMAN: WHAT IS THE CHILDREN'S ISSUE?

AGAIN, THE SAME THING WITH THE CHILDREN. USUALLY, IN MANY CASES, IFERTLY, THE TIME FRAME HAS LONG SINCE PASSED WHEN CHILDREN COME IN TO MAKE THOSE MEDICATIONS AVAILABLE. BUT AGAIN, THAT FIFTH FLOOR COULD ACCOMMODATE BOTH CHILDREN AND ADULTS.

ALL THAT I WOULD SAY IN TERMS OF THE PROCEDURE FOR CTOMIES THOSE ARE DONE OUTPATIENT WITH A UROLOGIST. IT'S MOST COST EFFECTIVE, WHERE WE CAN STRETCH OUR HEALTH CARE DOLLARS. TO DO IT IN ACUTE CARE ISN'T THE RIGHT PLACE TO DO IT. THERE MAY BE MEDICAL EMERGENCIES IN WHICH YOU NEED TO DO IT, BUT I DON'T CONCEIVE OF WHICH ONES THOSE MAY BE.

MAYOR GARCIA: YOU ALSO ASKED THE QUESTION WITH REGARD TO THE -- TO THE CONDUCT OF SETON EMPLOYEES AND THERE'S BEEN A -- THERE'S BEEN A SENTENCE ADDED TO -- TO SECTION 17 ACCESS AND I THINK THEY HAVE -- THE STAFF HAS REVIEWED IT WITH SETON AND THEY ARE OKAY WITH IT. SETON AND ITS EMPLOYEES SHALL NOT OBSTRUCT ACCESS TO THE INDEPENDENT -- INDEPENDENTLY LICENSED NEW HOSPITAL OR INTERFERE WITH PERSONS WHO COME TO BRACKENRIDGE HOSPITAL WHO WISH TO GO TO THE NEW HOSPITAL. SO THAT'S SOMETHING THAT STAFF HAS BEEN WORKING ON, PURSUANT TO THE REQUEST THAT HAS BEEN MADE IN REGARDS TO HOW -- HOW PEOPLE WERE GOING TO BE TREATED WHEN THEY GOT TO BRACK.

I HAD LANGUAGE THAT -- THAT LED UP TO THAT WHICH WE CAN DISCUSS LATER, I DON'T WANT TO -- TO GO STRAIGHT TO THOSE IF THERE ARE OTHER ISSUES TO DISCUSS FIRST. I WOULD LIKE TO KNOW ABOUT PERSONNEL POLICIES, IF THAT'S POSSIBLE TO GET, ABOUT THE TREATMENT THAT -- THAT ANY PERSON WHO -- WHO IS UNABLE TO PAY RECEIVES WHEN THEY -- WHEN THEY WALK INTO SETON. WHEN THEY WALK INTO BRACKENRIDGE, EXCUSE ME. FOR SERVICES --

BETTY.

WELL, I JUST THOUGHT OF ANOTHER THING THAT'S HAPPENING RIGHT NOW THAT I THINK WILL HELP ADDRESS YOUR ISSUE ABOUT ATTITUDES. BECAUSE OUR CLINICS FEED RIGHT INTO THE -- THE -- THE HOSPITAL SYSTEM, WE HAVE VARIOUS EMPLOYEE GROUPS THAT WORK TOGETHER, RIGHT NOW, TO ENSURE THE SMOOTH ACCESS OF -- OF PATIENTS AND ALSO I THINK DEAL WITH THE ATTITUDE ISSUE. AND WE -- WE HAVE WORKED ON SEVERAL DIFFERENT -- SEVERAL DIFFERENT TOPICS OF COORDINATION COORDINATION AND COOPERATION. I THINK PERHAPS EITHER PAT HAYS OR MICHAEL COULD ADDRESS THAT EMPLOYEE, SETON EMPLOYEE ISSUE.

I'M HAPPY TO ADDRESS IT, THE -- THE VISION AND VALUES ON OUR WALL, COMMIT TO A STARNLD OF RELATING TO PEOPLE THAT -- THAT'S IN MY OPINION INCOMPATIBLE WITH TREATING ANYONE LESS THAN RESPECTFULLY REGARDLESS OF THEIR ECONOMIC CIRCUMSTANCES. WHEN THAT HAPPENS WITH DEAL WITH IT -- WE DEAL WITH IT THROUGH OUR SUPERVISORY SYSTEM. WHENEVER IT'S BROUGHT TO OUR ATTENTION BY A MEMBER OF THE CITY STAFF, A MEMBER OF THE COUNCIL, I THINK SOME OF YOU HAVE SEEN THE FOLLOW-UP ON THIS. WE HAVE FOLLOWED IT UP AGGRESSIVELY AND -- APOLOGIZED. IF WE DO NOT THINK THAT BEHAVIOR WAS UP TO THE STANDARDS THAT WE HOLD. THE MECHANISM THAT'S IN PLACE IN THE LEASE TO DEAL WITH THIS IS THE COMPLIMENTS AND COMPLAINTS REPORT AT THE BRACKENRIDGE OVERSIGHT COUNCIL. SO THERE IS A SYSTEM IN PLACE, IF THERE'S ANY PATTERN OF EROSION IN TERMS, NOT JUST OF AN ATTITUDE, BUT OF ANY KIND OF AN EXPERIENCE AT BRACKENRIDGE. BUT IN TERMS OF SETON'S COMMITMENT, THERE IS -- THERE IS NOTHING ACCEPTABLE TO US THAN -- THAT WOULD BE LESS THAN THE MOST RESPECTFUL TREATMENT OF EVERY SINGLE PERSON WHO COMES IN THE DOOR.

GOODMAN: I THINK, MAYOR, THAT IT'S JUST EASY FOR AN INDIVIDUAL SOMETIMES TO BE FRAZZLED AND PERHAPS RUDE, BRUSK OR WHATEVER, OR IT WOULD SEEM THAT WAY. SOME OF THE PEOPLE THAT MIGHT BE ON THE RECEIVING END OF THAT WOULD NOT NECESSARILY BE THE ONES THAT -- COULD COMPLAIN OR TAKE IT TO SOMEONE. I'M JUST TRYING TO CHECK UP AND MAKE SURE THAT THERE'S A POLICY THAT WOULD -- THAT WOULD PREVENT THAT FROM -- FROM CERTAINLY BEING APPROVED OF.

MAYOR GARCIA: FURTHER QUESTIONS OF STAFF? COUNCILMEMBER GRIFFITH?

GRIFFITH: YES. A 1994 STUDY SHOWED THAT -- I BELIEVE IT WAS THE POLICE STUDY -- SHOWED THAT 95% OF THE -- OF THE RAPE VICTIMS, MAYOR PRO TEM, DID NOT MAKE A POLICE REPORT. AND -- AND SINCE WE DON'T HAVE ANY EXACT STATS ON AUSTIN, THAT'S -- THAT'S AS CLOSE OF A STATISTICAL INFORMATION AS I HAVE. SO -- SO THAT'S -- THAT'S A CHALLENGE.

MAYOR GARCIA: THAT IS AND THAT'S NOT THE ONLY ON PLAGUES THAT DOESN'T REPORT THE CRIME. WE -- OUR POLICE DEPARTMENT HAS BEEN WORKING DILIGENTLY WITH THE IMMIGRANT AND NON-ENGLISH SPEAKING POPULATION TO REPORT THE CRIMES. SO THAT WE CAN -- WE CAN ADDRESS THOSE CLIENTS. BUT IT IS A DIFFICULT SITUATION ACROSS THE BOARD. LET ME SEE IF THERE'S FURTHER QUESTIONS OF STAFF OR COMMENTS BY THE COUNCIL BEFORE I -- BEFORE I ASK FOR -- FOR A MOTION ON THIS ITEM.

SLUSHER: I HAVE A QUESTION, MAYOR.

MAYOR GARCIA: COUNCILMEMBER SLUSHER?

SLUSHER: YES. EITHER OUR STAFF AND PROBABLY SETON WILL HAVE TO ADDRESS IT, TOO. WE'VE HAD SOME DISCUSSION ABOUT WHETHER OR NOT THE -- ABOUT THE AVAILABILITY OF EMERGENCY CONTRACEPTIVE OR -- WELL, ACTUALLY WHETHER THE MORNING AFTER PILL WOULD BE EMERGENCY, FALL UNDER EMERGENCY CONTRACEPTIVE AND WHETHER OR NOT THE CITY SHOULD AT LEAST HAVE THAT AVAILABLE ON THE FIFTH FLOOR. AND I WANT TO MAKE SURE I UNDERSTAND THE CONVERSATION RIGHT FROM LAST WEEK. IF THAT -- IF THE CITY WERE TO AT LEAST MAINTAIN THE OPTION TO DO THAT, WOULD THAT CAUSE SETON TO -- TO UNWIND THE AGREEMENT? OR TO JUST PULL FROM THE ANCILLARY SERVICES CONTRACT?

I THINK WHAT WE SHARED WITH YOU LAST WEEK IS THAT IT IS THE CASE THAT THE CITY CAN DO WHATEVER IT WANTS ON THE FIFTH FLOOR. IF THERE IS ANYTHING THAT CONSTITUTES AN ABORTION, AND THE USE OF THE MORNING AFTER PILL UNDER CERTAIN CIRCUMSTANCES, COULD CONSTITUTE AN ABORTIFACIENT OR AN BORTION, THEN SETON WOULD NOT BE ABLE TO BE IN THIS PARTNERSHIP. THE IMMEDIATE EFFECT WOULD RELATE TO THE ANCILLARY SERVICES. BUT I BELIEVE IT WOULD BE PROBLEMATIC IN TERMS OF THE CONTINUATION OF THE PARTNERSHIP, WERE THERE EVIDENCE THAT ABORTION WAS BEING DONE ON THE FIFTH FLOOR.

SLUSHER: MS. YOUNG, COULD YOU TALK TO ME ABOUT -- ABOUT WHAT A -- WHAT A CIRCUMSTANCE, VARIOUS CIRCUMSTANCES WHERE -- WHERE SOMEONE MIGHT REQUEST THIS AND THEY WERE TOLD, WELL, NO, YOU NEED TO GO THROUGH A -- THROUGH YOUR DOCTOR OR CLINIC, BECAUSE -- BECAUSE THE CONCERN THAT I HAVE HEARD RAISED IS DO NOT GET IN A SITUATION WHERE IF SOMEONE COMES IN AND -- AND THEN THEY ARE TOLD, NO, YOU NEED TO GO TO A CLINIC, THEN MAYBE THEY -- THEY DON'T GO TO THE CLINIC. THEY WEREN'T ELIGIBLE OR -- OR THEY WOULD JUST FOR SOME REASON WOULD HAVE TO GO THROUGH -- TO GO THROUGH LENGTHY SIGNUP PROCESS OR SOMETHING ALONG THOSE LINES, COULD YOU DISCUSS THAT SITUATION, POTENTIAL SITUATION FOR ME?

WE ARE GOING TO HAVE ENHANCED CATHOLIC -- COUNSELING AND MEDICAL STAFF TO HELP ADDRESS THAT PROBLEM, SO --

IF I UNDERSTAND YOUR QUESTION, IT EXTENDS MORE TO THE PROCEDURAL ASPECTS OF HOW DO WE GET A WOMAN TO THE CLINIC AND MAKE SURE THAT SHE GETS IN TO GET THE SERVICE AND NOT BE HAMPERED BY ANY SORT OF ELIGIBILITY OR REGISTRATION --

SLUSHER: RIGHT, NO, WE DON'T PROVIDE THAT HERE, YOU NEED TO GO TO YOUR DOCTOR, TO THE CLINIC, WE DON'T KNOW WHETHER SHE ACTUALLY GETS TO DO THAT OR NOT.

THE WAY I ENVISION THIS HAPPENING IS THAT THERE'S A COUPLE OF THINGS THAT FACILITATE THAT PROCESS. IF THIS -- IF THIS PROPOSAL WERE TO BE APPROVED AND MOVED FORWARD, WHAT WE WOULD ANTICIPATE IS THE -- FIRST OF ALL THE REGISTRATION SYSTEM THAT WOULD BE USED IN THE HOSPITAL WOULD BE THE SAME REGISTRATION SYSTEM THAT'S USED IN THE CLINIC. OUR ABILITY TO PREREGISTER A PATIENT IN THE CLINIC WHILE THEY ARE IN THE HOSPITAL WOULD -- THE CLINIC COULD BE CONTACTED THAT COULD BE TOLD THAT THE PERSON IS COMING, WE COULD DO THE REGISTRATION PROCESS FROM THE HOSPITAL THROUGH A SHARED INFORMATION SYSTEM TO FALL TAKE IT THAT PATIENT GETTING THERE. SO WE DON'T --

SLUSHER: LET ME STOP YOU THERE. SO THEN WE COULD -- EVEN HAVE THEM REGISTERED WHILE THEY ARE THERE AT THE HOSPITAL, THEY MIGHT HAVE TO WADE BEHIND THINGS THAT ARE MORE DIRE EMERGENCIES, IF THEY CAME TO THE EMERGENCY ROOM FOR THIS TREATMENT, BUT IT WOULDN'T JUST BE TURNED AWAY. YOU WOULD HAVE TO GO TO A CLINIC, SAY I'M NOT REGISTERED AT THE CLINIC. WELL, I CAN REGISTER YOU RIGHT NOW, SEND YOU OVER THERE, IT'S JUST THE PHYSICAL ACT OF ADMINISTERING THAT WOULDN'T BE AVAILABLE AT THE --

YES, I BELIEVE THAT WE CAN FACILITATE THAT CONNECTION BETWEEN THAT PATIENT AND THE CLINIC VERY EASILY THROUGH PROTOCOL AND THROUGH PRACTICE IN THE SHARING OF INFORMATION SYSTEMS.

SLUSHER: SO THEY WOULDN'T JUST BE TURNED AWAY, NO, WE DON'T HAVE THAT HERE.

EXACTLY.

SLUSHER: YOU CAN GO ON WITH YOU -- IF YOU WANT. THAT WAS THE GIST OF MY QUESTION.

I FORGOT TO MENTION ONE THING SO THAT -- SO THAT THE TWO ISSUES THAT HAVE BEEN BROUGHT UP IN THIS DISCUSSION CAN BE EXPLAINED BY OUR CITY ATTORNEY. THE QUESTION OF HOW THE ESTABLISHMENT CLAUSE OF THE CONSTITUTION APPLIES TO THIS PARTICULAR AMENDMENT AND THE SEPARATE BUT EQUAL ISSUE, ALSO, BE ADDRESSED. I'M GOING TO ASK -- I'M GOING TO ASK OUR CITY ATTORNEY, SEDORA JEFFERSON, TO BRIEFLY EXPLAIN WHAT THE COUNCIL RECEIVED IN THE FORM OF CONSTITUTIONAL --

SLUSHER: CAN I JUST FINISH OFF ASKING MS. HAYS IF THAT -- IF THAT IS WHAT MS. JONES DESCRIBED, THAT SITUATION PRESENTS ANY PROBLEM -- PROBLEM THAT YOU FORESEE.

NO, IT DOES NOT. I MEAN THE CITY HOSPITAL WOULD BE WORKING VERY CLOSELY WITH THE CLINICS AND I THINK AS THEY HAVE SAID, IT'S THEIR VISION THAT -- THAT APPROPRIATE SERVICES WOULD BE PROVIDED AT BOTH PLACES AND THE TWO WOULD WORK TOGETHER. BUT WHAT SHE DESCRIBED IS NOT A PROBLEM FOR SETON.

SLUSHER: IF SOMEONE SHOWED UP AT SETON PART OF THE HOSPITAL, REQUESTING THAT -- THAT PROCEDURE, THEN WHAT YOU WOULD -- WHAT YOU WOULD SEND THEM -- WHAT WOULD SETON DO AT THIS POINT?

OUR COMMITMENT IS TO MAKE THEM AWARE OF THE -- OF THE AVAILABILITY OF THE FIFTH FLOOR AND -- AND WHAT THE CITY BOYS ON THE FIFTH FLOOR. SO THE SUMS WOULD BE -- AND -- ASSUMPTION WOULD BE -- AGAIN IT'S NOT BEEN THE EXPERIENCE IN OUR EMERGENCY ROOM THAT PEOPLE ORDINARILY COME TO THE EMERGENCY ROOM FOR THIS SERVICE. BUT WERE THEY TO COME IN, OUR -- OUR COMMITMENT UNDER THE LEASE AMENDMENT IS TO -- TO EXPLAIN TO THEM THAT -- THAT COUNSELING AND -- AND SUPPORT ARE AVAILABLE AT THE FIFTH FLOOR.

SLUSHER: OKAY. SO THEN -- THEN YOU WOULD -- EVEN THOUGH THIS PARTICULAR SITUATION WOULD NOT BE TREATED ON THE FIFTH FLOOR, THE IMMEDIATE INDICATION WOULD NOT BE PROVIDED ON THE FIFTH FLOOR OF THE HOSPITAL, THAT YOU WOULD SEND THEM THERE FOR A -- FOR ANY REPRODUCTIVE SERVICES THAT SETON DOESN'T OFFER AND THEN THE -- THE PROCEDURE, MS. YOUNG, DESCRIBED COULD -- COULD BEGIN THEN ON THE FIFTH FLOOR.

BECAUSE OF THE FACT THAT THE WAY IN WHICH THE FIFTH FLOOR HAS BEEN SET UP IS THAT THOSE PROCEDURES EXIST THERE AND NOT IN THE -- IN THE EMERGENCY ROOM BY SETON, WHENEVER ANYONE CAME IN ASKING ABOUT ONE OF THOSE PROCEDURES FROM ANY POINT OF VIEW, THAT PERSON WOULD BE REFERRED TO THE FIFTH FLOOR.

SLUSHER: AS YOU MENTIONED THE MORNING AFTER PILL.

IF THEY WERE ASKING ABOUT EMERGENCY CONTRACEPTION AND THE -- IN THE EMERGENCY ROOM AFTER THE CITY HOSPITAL WAS OPENED, THEY WOULD BE REFERRED TO THE CITY HOSPITAL.

SLUSHER: OKAY. SO -- SO THERE'S NO CIRCUMSTANCE WHERE IT WOULD JUST BE WE DON'T RESIDE THAT SERVICE?

NO, I DON'T THINK THERE'S A CIRCUMSTANCE IN WHICH WE WOULD NOT BE TELLING SOMEONE INQUIRING ABOUT A CITY HOSPITAL SERVICE THAT THOSE SERVICES WERE AVAILABLE AT THE CITY HOSPITAL --

SLUSHER: OR A CITY CLINIC SERVICE.

CORRECT.

SLUSHER: OKAY, THANK YOU.

GOODMAN: MAYOR?

MAYOR GARCIA: LET ME SEE IF MS. JEFFERSON CAN EXPLAIN THE ISSUE A CONSTITUTIONALITY. IT WILL BE BRIEF. THEN I WILL RECOGNIZE YOU, MAYOR PRO TEM.

AS COUNCIL KNOWS, I RETAIN OUTSIDE COUNSEL, RENEE HICK, A PRIVATE LAWYER IN TOWN, EXPERTISE IN CONSTITUTIONAL ISSUES TO LOOK AT THE TWO CONSTITUTIONAL ISSUES THAT WE HAVE HEARD AND SEVERAL COMMENTS THAT WERE MADE BY SEVERAL MEMBERS OF THE PUBLIC. THAT TWO ISSUES MR. HICKS LOOKED AT WAS ONE, WHETHER THE PROPOSED LEASE ARRANGEMENT VIOLATED THE EQUAL PROTECTION CLAUSE. THAT IS WHETHER IT CREATED SOME KIND OF SEPARATE BUT EQUAL ADVERSE EFFECT ON WOMEN. THE HE COULD ISSUE HE LOOKED INTO WAS THE SEPARATION OF CHURCH ISSUE. THAT IS WHERE THE PROPOSED LEASE ARRANGEMENT WOULD VIOLATE THE -- THE ESTABLISHMENT CLAUSE OF THE U.S. CONSTITUTION.

MAYOR GARCIA: YOU ARE TOO CLOSE TO THE MIC. MR. HICKS LOOKED AT THE EQUAL PROTECTION ISSUE AND CONCLUDED THAT THERE WAS NO CONSTITUTIONAL VIOLATION THERE. EQUAL PROTECTION PROTECT CERTAIN PROTECTED CLASSES HERE THE CLASS IS A SUBSET OF WOMEN, IT NOT WOMEN PER SE. IT'S -- IT'S WOMEN SEEKING CERTAIN REPRODUCTIVE SERVICES AND SO THERE WAS NO CONSTITUTIONAL ISSUE THERE. OR NO VIOLATION BASED ON CURRENT SUPREME COURT TESTS. AS FOR THE ESTABLISHMENT CLAUSE ANALYSIS, HE LOOKED TO OR POINTED TO A THREE PART TEST THAT THE SUPREME COURT USES, ONE IS WHETHER THE ACTIVITY ADVANCES A SECULAR PURPOSE. HE FOUND AND CONCLUDED THAT IT DID. THAT THE SECULAR PURPOSE IS A PROVISION OF HEALTH CARE. HE LOOKED TO THE NEXT ASPECT OF THE THREE PART TEST. THAT IS WHETHER THE ACTIVITY HAS A PRIMARY EFFECT OF ADVANCING RELIGION AND FOUND THAT IT DID NOT HAVE THAT PRIMARY EFFECT. AND THIRDLY, HE LOOKED AT THE ENTANGLEMENT, WHETHER THERE WAS AN UNLAWFUL ENTANGLEMENT WITH A RELIGIOUS INSTITUTION OR A RELIGIOUS DOCTRINE. THERE HE FOUND THAT THERE WAS NO -- NO ENTANGLEMENT. IN FACT THAT THE ARRANGEMENT WAS DESIGNED TO AVOID AN ENTANGLEMENT. THEN BASED ON THAT THREE PART ANALYSIS, HE CONCLUDED THAT THERE WAS NO SEPARATE -- EXCUSE ME, SEPARATION OF CHURCH AND STATE PROBLEM, THAT THERE WAS NO PROBLEM WITH THE ESTABLISHMENT CLAUSE UNDER CURRENT SUPREME COURT ANALYSIS.

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: I JUST WANTED TO FOLLOW UP ON MS. DUNKERLY'S PROPOSAL FOR THE EXTRA F.T.E. SINCE WHAT WE ARE TRYING TO DO IS MAKE SURE THAT -- THAT -- NOT ONLY THAT ACCESS IS NOT OBSTRUCTED, BUT THAT -- BUT THAT IT IS FACILITATED AND I THINK THAT'S -- THAT'S BROUGHT TO THE FOREFRONT OF THIS DISCUSSION BECAUSE OF THE STORY THAT WAS RELATED TO US DURING CITIZEN COMMUNICATION, SOMETIMES LIFE IN EMERGENCY ROOM OR ANYWHERE ELSE IN A HOSPITAL IS VERY FRANTIC. IS IN EMERGENCY MODE AND PEOPLE ARE NOT AVAILABLE OR NOT ABLE TO FOCUS ON -- ON THE NEEDS OF SOMEONE WHO MAY BE THERE ON A TOTALLY DIFFERENT ISSUE OR WHO MAY NOT KNOW WHAT TO ASK OR WHO MAY NOT KNOW THERE'S ANYTHING EVEN TO ASK FOR. AND IF THEY ARE NOT TREATED WELL OR IF THEY ARE NOT ABLE TO GET THE INFORMATION, THE ACCESS OR WHATEVER THAT THEY CAME FOR, THEY PROBABLY IN MANY CASES WILL NEVER LET ANYBODY KNOW ABOUT THAT. SO THE EFFORT HERE THAT HAS -- THAT HAS -- THAT HAS MADE ME THINK THAT THAT FOCUS HAS GOT TO BE ADDRESSED SOMEHOW, IS NOT ONLY TO PREVENT OBSTRUCTION OR TO BEHINDER THE ACCESS -- TO HINDER THE ACCESS OF ANYONE WHO COMES TO BRACKENRIDGE LOOKING FOR THE HELP AND SUPPORT THAT IS AVAILABLE IN AN INNER CITY HOSPITAL ON THE FIFTH FLOOR, BUT TO FACILITATE ACCESS AND TO BE A PART OF -- OF PROCEEDINGS SO THAT NO ONE WHO BY CIRCUMSTANCE OR KNOWLEDGE OR WHAT HAVE YOU WAS NOT GIVEN THE OPPORTUNITY TO ACCESS THAT SITE, THAT CARE, THAT PROVISION OF SERVICE, IS THE F.T.E., THE COUNSELING FULL-TIME EMPLOYEE GOING TO BE SUCH THAT THERE WILL BE A 24-HOUR A DAY, SEVEN DAYS A WEEK ABILITY FOR SOME TO PLAY THAT ROLE IN ER AND OUTSIDE ER?

I WOULD LIKE -- I'M GOING TO HAVE [INAUDIBLE] RESPOND TO PART OF THAT. BUT I THINK WHEN PATIENTS PRESENT AT THE EMERGENCY ROOM, IF THEY DON'T CLEARLY ARTICULATE -- IF THEY CLEARLY ARTICULATE THEIR NEEDS, IT IS VERY EASY TO POINT THEM IN THE RIGHT DIRECTION. IF THEY DON'T CLEARLY ARTICULATE THEIR NEEDS, THEY WILL EVENTUALLY BE SEEN BY A IF I SEE AND THAT IF I SEE WILL KNOW WHAT'S AVAILABLE ON THE -- THAT PHYSICIAN WILL KNOW WHAT'S AVAILABLE ON THE FIFTH FLOOR, WHAT'S AVAILABLE IN THE EMERGENCY ROOM, AND THEY WILL BE THAT -- THAT -- THAT PERSON THAT WILL HELP TO -- TO DIRECT THEM TO THAT LOCATION. LET ME ASK MS. YOUNG ABOUT THE STAFFING.

GOODMAN: AS TRISH COMES UP, LET ME SAY THAT SOMETIMES A PERSON MAY SEEM TO ARTICULATELY -- I DON'T KNOW HOW TO FINISH THAT SENTENCE. HOW THAT PATIENT MAY BE ARTICULATE IN TELLING YOU SOMETHING THAT YOU GO FOR, BUT NOT EVERYBODY TELLS YOU ABOUT EVERYTHING THEY ARE ACTUALLY THERE FOR. SPEAKING -- [INAUDIBLE]

IF THEY DIDN'T ARTICULATE IT TO THE NURSE OR THE STAFF PERSON, THEY WOULD EVENTUALLY BE SEEN BY A DOCTOR AND I WOULD ASSUME THAT THEY WOULD CONFIDE THAT TO THE DOCTOR IN THE COURSE OF THEIR TREATMENT AND THAT WOULD THEN -- THEN END UP GETTING THEM REFERRED TO THE FIFTH FLOOR, FOR COUNSELING. WE WILL HAVE -- WE WILL HAVE -- HAVE PEOPLE AVAILABLE. SO --

GOODMAN: I KNOW WHAT YOU ARE TALKING ABOUT. I KNOW WHAT KIND OF CIRCUMSTANCES THAT YOU ARE THINKING OF. I'M THINKING OF SOME -- OF SOME SITUATIONS THAT GO BEYOND THAT. SO MAYBE MS. YOUNG WILL HAVE THE ANSWER FOR ME.

LET US WORK ON THAT A LITTLE BIT.

THE PROPOSAL TO INCREASE THE STAFFING WAS THE ROLE -- WAS INTENDED TO BE EXPANSION OF THE CURRENT ROLE OF THE FAMILY NURSE EDUCATOR WHO GOES AND VISITS WOMEN, POST PARTUM, TO OFFER INFORMATION AROUND BIRTH CONTROL COUNSELING AND METHODS. WE -- THAT IS NOT A -- NOT A 24 AND 7 OPERATION. MAINLY BECAUSE WOMEN DON'T GET DISCHARGED TYPICALLY 24 HOURS A DAY. THERE'S -- THERE'S TIMES OF THE DAY, PART OF THE DAY THAT THEY GET DISCHARGED. THE IDEA IS TO MAKE SURE THAT THERE'S ACCESS TO THAT DURING THEIR POST PARTUM STAY, WHICH COULD BE ANYWHERE FROM A DAY TO A COUPLE OF DAYS TO THREE DAYS. TO HAVE THAT NURSE EDUCATOR AVAILABLE TO TALK WITH THAT WOMAN PRIOR TO DISCHARGE. SO THE ADDITION OF ONE F.T.E. WILL NOT BRING 24 AND SEVEN COVERAGE. BUT WE DID ANTICIPATE EXPANDING HOURS FOR THE -- FOR THE -- DURING THE WEEKLY DAYS AS WELL AS TRYING TO GET COVERAGE FOR THE WEEKENDS.

WE WERE TRYING TO MAKE SURE THAT WE HAD COVERAGE FOR WOMEN THAT MIGHT DELIVER ON A FRIDAY AND GET DISCHARGED ON A SUNDAY. AT THE PRESENT TIME WE DON'T HAVE THAT COVERAGE, BUT WITH THE ADDITION OF THESE EXTRA HOURS, THEY WOULD BE AVAILABLE ON WEEKENDS AND THEY WOULD BE ABLE TO TAKE CARE OF THAT -- OF THAT COUNSELING.

GOODMAN: OKAY. HOW WOULD WE BE ABLE TO DESIGNATE OR HAVE AN EMPLOYEE THAT WAS STRICTLY FOR THIS FUNCTION, 24 HOURS A DAY, SEVEN DAYS A WEEK, WHO IS ABLE TO BE ON CALL AND IN FACT TO BE NOTIFIED WHEN ANYONE COMES IN -- IN THIS CASE IT WOULD BE MORE LIKELY A WOMAN THAT -- THAT WOULD NEED -- THAT WOULD NEED THE COUNSELING AND INFORMATION OR THAT WOMAN'S -- THAT WOMAN'S FAMILY LAWYER PARTNER, WHAT HAVE YOU. HOW DO WE DESIGNATE AND THEN IS IT POSSIBLE TO DO SO, A PERSON WHO IS AVAILABLE IN THE EMERGENCY ROOM AT TIME OF AN EMERGENCY, PRESENTATION BY -- BY A WOMAN AND FAMILY, WHATEVER, EVENTUALLY SOMEONE WILL BE THERE, I SUPPOSE, IF -- FOR NO ONE BUT THE PHYSICIAN FOR THAT ONE SO THAT THE INFORMATION IS PART OF THE -- OF THE MIX AND THE THINGS THAT -- THAT THE FAMILY OR WHOEVER IS THINKING ABOUT RIGHT THEN. INFORMATION. WHETHER OR NOT THEY ASK SERVICES. YOU LOOK PUZZLE, AM I NOT SPEAKING CLEARLY?

THE HOSPITAL WITHIN A HOSPITAL.

I THINK THAT YOU ARE TALKING ABOUT THE EMERGENCY ROOM, CORRECT?

GOODMAN: MY ORIGINAL THOUGHT WAS EVERYTHING, BUT CERTAINLY ORIGINAL -- I MEAN THE EMERGENCY ROOM.

ANY PERSON -- I HAVE GOT TO FIND A WAY TO DO THAT, BECAUSE I THINK EVERYBODY UNDERSTANDS. EVERYBODY WHO WALKS IN THE HOSPITAL, BRACKENRIDGE HOSPITAL, WHETHER OR NOT THEY ACTUALLY NEED TO GO, OR WANT TO GO, TO THE CITY HOSPITAL, HOW DO WE MAKE SURE THAT EVERY WOMAN, AND ESPECIALLY IF A WOMAN IS A VICTIM, PATIENT WHO IS UNABLE TO THINK CLEARLY, UNDERSTAND, REQUEST, WHATEVER, AND SO FOR HER FAMILY, FRIEND, PARTNER, LAWYER, PHYSICIAN, HOW DO WE MAKE SURE THAT EVERY WOMAN KNOWS THE FIFTH FLOOR IS THERE AND THE TREATMENT AND CARE IS THERE.

I'M GOING TO ATTEMPT TO ANSWER THE QUESTION. TELL ME WHERE I'M OFF COURSE. IF -- IF A WOMAN -- IF A WOMAN COMES TO THE EMERGENCY ROOM AND SHE REQUIRES SERVICE, THAT IS NOT AVAILABLE, AT THE BRACKENRIDGE -- AT THE BRACKENRIDGE HOSPITAL AT SETON'S HOSPITAL, SHE IS REQUIRED -- IT'S REQUIRED THAT SHE BE TOLD THE SERVICES ARE AVAILABLE ON A -- ON THE FIFTH FLOOR, AND BE REFERRED THERE. TO THE EXTENT THAT -- THAT A WOMAN COMES IN AND DOES NOT NEED -- CAN -- CAN RECEIVE ALL OF THE SERVICES THAT SHE REQUIRES IN THE BRACKENRIDGE EMERGENCY ROOM, SHE'S GOING TO RECEIVE THEM THERE. SO ON -- SO IF SHE -- IF THERE'S NOT AN IDENTIFICATION OF THE REQUIREMENT FOR THE SERVICE AND I'M -- I'M ASSUMING WE ARE TALKING ABOUT -- ABOUT POTENTIAL ASSAULT VICTIMS? OR --

GOODMAN: ANY WOMAN. [INAUDIBLE]. EMERGENCY IS OBVIOUSLY A MORE DIFFICULT TIME. THERE MAY BE A WOMAN WHO IS UNCONSCIOUS OR WHO FOR WHATEVER REASON REALLY CAN'T CONCENTRATE ON THAT KIND OF QUESTION AND ANSWER.

WELL, THE ONLY REASON A PERSON WOULD HAVE TO GO TO THE FIFTH FLOOR WOULD BE TO EITHER RECEIVE STERILIZATION SERVICES WHICH THEY HAVE CONSENTED TO IN THE BEGINNING OR TO RECEIVE EMERGENCY CONTRACEPTION SERVICES. THOSE ARE THE ONLY REASONS WHY THEY WOULD ARE REFERRED TO THE FIFTH FLOOR. I DON'T KNOW OF A CIRCUMSTANCE WHERE THEY WOULD NEED SOMEONE TO COME AND INFORM THEM ABOUT WHAT SERVICES ARE AVAILABLE ON THE FIFTH FLOOR, UNLESS THEY WERE REQUIRING THOSE SERVICES.

YOU KNOW, THE OTHER THING WE POSSIBLY COULD DO, WE ARE GOING TO HAVE -- TO HAVE I THINK A GOOD SIGNAGE OUTSIDE OF THE HOSPITAL, WE ARE GOING TO HAVE A -- AN ELEVATOR THAT GOES STRAIGHT TO THE FIFTH FLOOR FROM THE EXTERIOR OF THE BUILDING IN ADDITION TO ACCESS THROUGH THE HOSPITAL. SO MAYBE WE CAN WORK ON SOME -- SOMETHING THAT WE COULD -- SOME WAY TO HANDLE IT IN THAT WAY, ALSO.

GOODMAN: OKAY. LET ME TRY AGAIN. CAN WE HAVE SOMEONE AVAILABLE DESIGNATED OR SPECIFICALLY IN THAT ROLE, 24 HOURS A DAY, SEVEN DAYS A WEEK, TO BE ON CALL, TO GO TO THE EMERGENCY ROOM --

YES.

GARZA: THE ANSWER TO THAT QUESTION IS --

THE ANSWER TO THAT QUESTION IS YES.

GOODMAN: GREAT. BUT THAT'S NOT THE F.T.E. THAT YOU --

NO, THAT'S NOT THE F.T.E. THE F.T.E. I WAS TALKING ABOUT IS TO GIVE US SOME ENHANCED SEVENS IN THIS INTERIM PERIOD. RIGHT NOW, WE HAVE SERVICES POST PARTUM COUNSELING SERVICES IF A WOMAN MONDAY THROUGH FRIDAY. I WANTED TO ADD THIS F.T.E. TO GIVE ME SOME WEEKEND COVERAGE AND TO EXTEND THE HOURS DURING THE WEEK. AFTER WE GET THE NEW HOSPITAL, THAT HOSPITAL WILL BE STAFFED 24 HOURS A DAY BY MEDICAL STAFF, ET CETERA, THERE WILL BE -- THERE WILL BE PEOPLE ON CALL, NOT ONLY TO DEAL WITH THIS PROBLEM, BUT TO DEAL WITH -- WITH THE VICTIMS SERVICES PROBLEM THAT OCCASIONALLY COMES UP THAT -- THAT REQUIRES A DIFFERENT KIND OF ASSISTANCE. I'M SORRY I WASN'T CLEAR WHAT YOU ARE SAYING, BUT DOES THAT CLARIFY?

GOODMAN: YEAH, THAT'S PRETTY CLOTHES TO WHAT I WAS TRYING TO MAKE SURE, BECAUSE WHEN MS. YOUNG WAS TALKING ABOUT SOMEBODY WILL BE GIVEN INFORMATION, IT'S LIKE, WELL, WHO WILL DO THAT? AND HOW DO WE KNOW THAT A WOMAN WHO COMES IN IS EVEN TELLING YOU EVERYTHING THAT SHE NEEDS OR IS TRYING TO FIND OUT ABOUT. AND THAT'S INDICATIVE OF HOW MANY UNREPORTED RAPES AND ASSAULTS THERE ARE, EVEN WORSE INJURIES THAT GO ALONG WITH THAT THAT ARE NEVER REPORTED. SO I'M TRYING TO FIND OUT, I WAS TRYING TO FIND OUT, DO WE HAVE ANYTHING IN PLACE WHERE THAT -- OR THAT WE ARE PLANNING THAT WOULD BE A FAIL SAFE FOR ANY WOMAN WHO WALKS IN.

I THINK THE OTHER THING, COUNCILMEMBER, THAT WE COULD DO, WE WORKED THROUGH A LOT OF THESE ISSUES, BUT AS WE GET DOWN TO DEVELOP THE -- THE DAILY PROTOCOLS, THE DAILY ACTIVITY, I THINK WE CAN ADDRESS SOME OF THESE ISSUES IN THAT WAY. AGAIN, I WOULD LIKE TO ASK TRISH TO RESPOND TO YOU.

I THINK THAT I WOULD REFER BACK TO WHAT MS. DUNKERLY SAID EARLIER IN TERMS OF -- OF -- WHEN A PATIENT DOES COME IN, AND JUST AS YOU SUGGESTED THAT MAYBE THESE THINGS ARE NOT IDENTIFIED INITIALLY OR TAKE A PERIOD OF TIME TO BE IDENTIFIED, THAT PATIENT IS GOING TO BE DEALING WITH NURSING STAFF AND EVENTUALLY BE DEALING WITH THE DOCTOR. SO THE -- IF THE NEED IS IDENTIFIED -- IS IN FACT IDENTIFIED, THEN THAT PATIENT WILL BE INFORMED BY EITHER THE DOCTOR OR THE NURSE, WHOEVER IS DEALING WITH THAT PATIENT, THAT THE SERVICES -- ARE AVAILABLE ON THE FIFTH FLOOR. IF -- IF IT'S NEVER -- IF IT'S NEVER IDENTIFIED THAT THE SERVICES ARE NEEDED, THEN -- THEN PRESUMABLY THE INFORMATION WOULD NOT BE PROVIDED TO THE PERSON BECAUSE THERE WASN'T AN INDICATION. I DON'T THINK IT WOULD BE A BLANKET POLICY TO TELL EVERYBODY THAT THE SERVICES THERE, IF THEY DIDN'T REQUIRE THEM -- THAT THE SERVICE IS THERE IF THEY DIDN'T REQUIRE THEM.

GOODMAN: YOU ARE GETTING BACK TO IN SOME PERFECT WORLD WHERE EVERYBODY WALKS IN AND TELLS YOU EXACTLY WHAT YOU NEED TO KNOW, THE NURSES, DOCTORS ARE NOT HARRIED AT ALL, IN A NICE CONGENIAL ATMOSPHERE, NO EMERGENCIES ARE HAPPYING, THEY MAKE SURE THAT THEY HAVE TIME TO SPEND WITH THE PATIENT AND GET EVERY BIT OF INFORMATION THAT PATIENT HAS, EVEN IF THE PATIENT IS NOT WANTING TO TALK ABOUT IT. SO IN A PERFECT WORLD, THAT WOULD BE ADEQUATE. IN A WORLD WHERE YOU HAVE ER'S IN THE FIRST PLACE AND WOMEN WHO ARE RELUCK TOONT TELL ANYBODY ABOUT -- RELUCTANT TO TELL ANYBODY ABOUT WHAT JUST HAPPENED TO THEM, THEN I THINK WE NEED TO GO BEYOND THAT SORT OF IDEAL SITUATION AND MAKE SURE THERE'S A BACK UP --

GARZA: LET ME TRY SOMETHING ELSE. MAYOR PRO TEM I THINK THAT I UNDERSTAND -- I COU SEE WHERE WE COULD WORK OUT AN ARRANGEMENT WHERE WE HAD A BILINGUAL SOCIAL WORKER AVAILABLE IN AN AREA THAT'S DESIGNATED, SO THAT IN THE EVENT, AN INDIVIDUAL COMES IN AND -- WHO IS UNCOMFORTABLE WITH TALKING TO WHOEVER FROM AN INSTITUTIONAL STANDPOINT IS THERE, WHERE THEY CAN TAKE THEM OFF TO THE SIGH AND VISIT WITH THEM PRIVATELY, I THINK WE CAN WORK SOME OPERATIONAL ARRANGEMENT TO DO THAT, BUILD IT INTO THE BUDGET WITH RESPECT TO THE FIFTH FLOOR TO HAVE THAT INDIVIDUAL AVAILABLE AT A DESIGNATED PLACE. I DON'T KNOW WHETHER THE EMERGENCY ROOM IS THE RIGHT PLACE. IT COULD BE ANOTHER ENTRY POINT INTO THE HOSPITAL. I THINK WE CAN MAKE THAT ARRANGEMENT AVAILABLE SO THAT AN INDIVIDUAL WHO FEELS UNCOMFORTABLE BUT COULD TALK TO SOMEBODY LIKE A SOCIAL WORKER. I THINK WE CAN MAKE THAT WORK. I THINK IT'S CONSISTENT WITH THE AMENDMENT THAT'S ON THE TABLE THIS AFTERNOON. SO THAT WE CAN DEAL WITH THAT ISSUE.

SINCE THERE ARE SOME TIME FRAMES INVOLVED WITH EMERGENCY PREVENT ACTIVES, LIKE THE 72 HOURS. THAT YOU ZOO HAVE AS LEE SAY, I WANT TO MAKE SURE THAT THE EMERGENCY WAS COVERED, THAT OUR AGREEMENTS WITH SETON DID NOT PRECLUDE THAT. WE HAVEN'T HEARD FROM SETON.

I THINK ANOTHER THING THAT WE WILL BE DOING, PAT CAN THROW SOMETHING AT ME IF I MISSPEAK, THERE'S GOING TO BE A PERIOD OF SOME TRAINING BETWEEN OUR STAFF AND -- AND THE SETON STAFF, SO THAT THEY KNOW EXACTLY WHAT THINGS WERE AVAILABLE ON FIFTH FLOOR, WHAT SERVICES ARE AVAILABLE, WHAT STAFF IS AVAILABLE TO HELP THEM AND JUST AS YOU SAID, COUNCILMEMBER, SOMETIMES THE DOCTORS ARE HARRIED AND BUSY, SO THEY WILL KNOW WHEN THEY HAVE THIS INSTANCE COME UP WHO THEY CAN CALL, WHO CAN THEY GET THAT PATIENT TO. SO THERE WILL BE THAT KIND OF TRAINING, THAT TRANSITION PERIOD, SO THAT THEY KNOW WHAT MORE CLEARLY WHAT SUPPORT WE ARE GOING TO OFFER, IN ADDITION TO THE -- TO THE STRAIGHT PHYSICIAN SUPPORT.

GOODMAN: MAYOR, WHAT THERE DOES GET AROUND TO SOMEONE MAKING THE MOTION, WHAT I HAD ORIGINALLY THOUGHT WE COULD INTERJECT AS AN AMENDMENT TO -- TO -- TO CONTRACT LANGUAGE IS SOMETHING THAT I WOULD LIKE TO READ TO YOU, IF I COULD. AND THEN WHAT WAS BEING PUT TOGETHER BY MS. DUNKERLY, WHO DIDN'T HAVE ANY WRITTEN STUFF IN FRONT OF HER AND HOW I T