Closed Caption Log, Council Meeting, 03/21/02 (Part B)

Part A | Part B | Part C

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: COUNCILMEMBER SLUSHER?

SLUSHER: WELL, MAYOR, THE — THE FIRST LINE HAS THE WORD OF IN IT THREE TIMES. SO I WANT TO WORK ON THAT JUST A LITTLE BIT. HERE'S WHAT I WOULD SUGGEST: SHALL THE CITY CHARTER BE AMENDED TO CREATE A SYSTEM — NO, CREATE A THEN MOVE PUBLIC FUNDING THERE — A PUBLIC FUNDING SYSTEM. THEN CHANGE THAT NEXT OF TO FOR CAMPAIGNS OF CITY COUNCIL CANDIDATES. SO IT WOULD READ: SHALL THE CITY CHARTER BE AMENDED TO CREATE A PUBLIC FUNDING SYSTEM FOR CAMPAIGNS OF CITY COUNCIL CANDIDATES.

MAYOR GARCIA: OKAY. DO YOU ACCEPT THAT AMENDMENT, COUNCILMEMBER WYNN?

WYNN: YES, I DO.

SLUSHER: LET ME TOSS A FEW THINGS OUT.

MAYOR GARCIA: JUST A SECOND. MAYOR PRO TEM GOODMAN?

GOODMAN: YEAH.

SLUSHER: LET ME TOSS A FEW THINGS OUT FOR DISCUSSION. ONE, I THINK THE MAYOR PRO TEM WAS THE ONE THAT MENTIONED THIS EARLIER. WE ALREADY HAVE A PUBLIC FINANCE — PUBLIC FINANCING OR PUBLIC FUNNING OF CAMPAIGNS — PUBLIC FUNDING OF CAMPAIGNS, LIMITED TO RUNOFFS AND PEOPLE WHO COMPLY WITH CERTAIN SPENDING LIMITS. BUT I'M WONDERING IF WE ARE ACCURATE IN SAYING CREATE INSTEAD THIS WOULD BE EXPANDING THE PUBLIC FUNDING SYSTEM THAT'S ALREADY IN PLACE. IF FOLKS AGREE THAT'S —

MAYOR GARCIA: YOU ARE SAYING SHALL BE AMENDED TO EXPAND THE —

SLUSHER: PUBLIC FUNDING SYSTEM FOR CAMPAIGNS OF CITY COUNCIL CANDIDATES.

MAYOR GARCIA: LET ME SEE IF THAT'S ACCEPTABLE TO THE MAKER OF THE SECOND.

SLUSHER: THE ASSISTANT CITY ATTORNEY SEEMS TO HAVE A CONCERN ABOUT THAT.

YEAH. I THINK THAT MIGHT IMPLY THAT THIS IS TAKING OUR CURRENT SYSTEM AND MAKING IT BIGGER. I THINK IT'S — IT'S — IT'S REPLACING THE CURRENT SYSTEM. SO I — I WOULD — I WOULD — I WOULD CAUTION —

SLUSHER: REPLACE — SO YOU COULD — IF YOU ARE GOING TO REPLACE IT, THEN YOU HAVE TO CREATE IT. SO WE ARE CREATING THIS, REPLACING THE OTHER ONE.

STEINER: I THINK SO. I THINK IT WOULD CERTAINLY BE THE — THE EXISTING SYSTEM I THINK WOULD BE SO — SO INCOMPATIBLE WITH THIS PARTICULAR SCHEME AND THIS PARTICULAR SCHEME BEING IN THE CHARTER, I THINK MY VIEW WOULD BE THAT THIS SUPERSEDES IT. RATHER THAN EXPANDS ON IT.

SLUSHER: I THREW THAT OUT FOR DISCUSSION. THEN WITH THAT IN MIND, I WOULD BE WILLING TO GO BACK TO ONE OF THE THINGS THAT YOU SAID BEFORE, THAT YOU DO PRESUME THAT THE VOTERS HAVE — HAVE STUDIED THIS BEYOND THE BALLOT LANGUAGE AND HOPEFULLY I THINK THERE WILL PROBABLY BE FAIRLY EXTENSIVE REPORTING ON THIS, I WOULD HOPE SO. SO — SO I WOULD YIELD ON THAT ONE. BUT I WANTED TO POINT THAT OUT, THAT WE DO ALREADY HAVE THE PUBLIC FUNDING SYSTEM. AND WOULD WE WANT TO PUT — LET ME ASK ANOTHER ONE. I'M — I DON'T HAVE TO HAVE THIS ONE, EITHER. BUT JUST FOR DISCUSSION. THAT THE ETHICS REVIEW COMMISSION'S COUNCIL APPOINTED AND SAY INDEPENDENT POWERS THAT THE COUNCIL APPOINT AN ETHICS REVIEW COMMISSION.

MAYOR GARCIA: YOU WANT TO INSERT COUNCIL APPOINTED?

SLUSHER: I WOULD LIKE TO HEAR WHAT FOLKS THINK ABOUT THAT. I THINK MOST PEOPLE AS MAYOR PRO TEM SAID MOST FOLKS DON'T REALIZE THAT'S THE — THAT'S THE CASE. AND — AND SO — DON'T REALIZE WHAT THE ETHICS REVIEW COMMISSION IS. AND WHAT IT DOES.

MAYOR GARCIA: IT'S CLARIFICATION. SO IT WOULD READ: AND TO PROVIDE INDEPENDENT SOVEREIGN POWERS TO THE CITY COUNCIL APPOINTED — ETHICS REVIEW COMMISSION, INCLUDING SUBPOENA POWERS. COUNCILMEMBER WYNN, IS THAT A FRIENDLY AMENDMENT?

WYNN: WELL, FRANKLY BEFORE I ANSWER THAT, I WANT TO CONTINUE THE DISCUSSION.

SLUSHER: I THINK THAT WOULD BE BETTER. I WOULD LIKE TO DISCUSS IT, TOO.

[ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: WELL, I'LL JUST AGREE THAT WHEN — IF I HADN'T BEEN IN ON THE CONVERSATION, IF I READ THIS, I PROBABLY WOULD ASSUME A STATE ETHICS COMMISSION BECAUSE I WOULDN'T IMAGINE THAT YOU WOULD SEND SOMETHING TO THE COUNCIL-APPOINTED COMMISSION.

MAYOR GARCIA: I THINK THAT A LOT OF PEOPLE WILL MAKE THAT ASSUMPTION BECAUSE THEY DON'T UNDERSTAND. PEOPLE DON'T COME INTO CONTACT WITH WHAT WE DO HERE AND HOW — [ INAUDIBLE ] COUNCILMEMBER GRIFFITH? IT'S YOUR TIME TO DISCUSS.

GRIFFITH: I SHARE THE CONCERNS THAT I HEAR ABOUT, A, GETTING TOO LONG, AND B, BEING AS CLEAR AND COMPACT AS WE CAN. AND THE THREE ELEMENTS SEEM TO BE THE ETHICS COMMISSION PIECE, THE 200 DOLLAR PIECE AND THE OTHER ONE, WHICH IS HOW CAN WE — IN A SHORT WAY SAY WHERE THE MONEY'S COMING FROM. SO I HOPE WE CAN WORK TOWARDS THAT WITHOUT BEING REDUNDANT. THERE'S — IN TERMS OF THE ETHICS COMMISSION, I'M NOT SURE THAT THERE WOULD BE TOO MUCH CONFUSION IN TERMS OF THE STATE. I WOULD HOPE NOT, BUT I UNDERSTAND WHAT YOU'RE SAYING ON THAT.

MAYOR GARCIA: THERE'S PROBABLY MORE CORRESPONDENCE THAT GOES TO CITIZENS FROM THE ETHICS COMMISSION TODAY THAN FROM OUR ETHICS REVIEW COMMISSION.

GRIFFITH: SO WEEY COULD SUPPORT IT TODAY.

SLUSHER: MAYOR, WITH SOME OF THOSE COMMENTS IN MIND, LET ME JUST CHANGE IT TO CITY BECAUSE I THINK IT MIGHT BE PERCEIVED — LET ME JUST CHANGE IT TO CITY. I THINK THAT DOES THE JOB WITHOUT PUTTING IN THE COUNCIL POINT BECAUSE PEOPLE COULD INTERPRET THAT AND THAT WE'RE DOING THAT THAT WRONGLY, I THINK, AND WE'RE JUST TRYING TO MAKE SURE THAT IT'S THE CITY ETHICS REVIEW COMMISSION. I HAVE ONE MORE I WANT TO ASK, BUT I'LL WAIT UNTIL WE GET TO THAT ONE.

MAYOR GARCIA: LET ME SEE IF WE CAN THE DISCUSSION. IF EVERYBODY OKAY WITH CITY ETHICS REVIEW COMMISSION? COUNCILMEMBER?

GRIFFITH: EXCUSE ME. DOES THAT DO THE JOB IN TERMS OF CLASSIFICATION BETWEEN THE STATE? WE DON'T HAVE TO SAY ETHICS COMMISSION, JUST SAY THE CITY ETHICS REVIEW COMMISSION WITHOUT SAYING ANY MORE?

MAYOR GARCIA: CORRECT. BEFORE I ASK COUNCILMEMBER WYNN IF THIS IS FRIENDLY, ARE YOU READY TO SAY IT'S FRIENDLY.

WYNN: I DO ASSERT IT'S FRIENDLY.

MAYOR GARCIA: BACK TO COUNCILMEMBER SLUSHER — MAYOR PRO TEM IS THIS FRIENDLY? FRIENDLY TO THE MAKER AND THE SECOND. COUNCILMEMBER SLUSHER?

SLUSHER: THANK YOU, MAYOR. ON THE — IN THE PAREN THESES, OR AS MAYOR WATSON WOULD SAY, PAREN, I KNOW THAT WAS ALWAYS A PAIFERT OF YOURS, MAYOR — A FAVORITE OF YOURS.

MAYOR GARCIA: I HAVEN'T USED THAT. MAYBE I OUGHT TO SAY THAT, PAREN THIS, PAREN THAT.

SLUSHER: AND UNPAREN. SO WITHIN THE PAREN, WHERE IT SAYS AFTER THE FIRST COMMA, WHICH MAY INCLUDE TAX REVENUES, OKAY, DOES IT MEAN — I GUESS THIS IS A QUESTION FOR MR. STEINER. IT MAY INCLUDE. WHAT HAS TO HAPPEN IN ORDER FOR THIS TO BE FUNDED WITHOUT TAX REVENUES? FOR IT TO BE CITY PUBLIC FINANCING, BUT NOT TO INCLUDE TAX REVENUES?

STEINER: WELL, PRESUMEBLY IF THE COUNCIL COULD FIND SOURCES OF REVENUES OTHER THAN TAX TO OFFICIALLY FUND IT, YOU COULD CHOOSE THOSE SOURCES.

SLUSHER: SO THAT'S NOT DEPENDENT ON THE BLOCK GRANTS. THE BLOCK GRANTS COULD COME FROM WHAT?

MAYOR GARCIA: WE MAKE THE BLOCK GRANTS TO THE CANDIDATES. WE DON'T GET THE BLOCK GRANTS.

THE BLOCK GRANTS ARE NOT A SOURCE OF REVENUE.

SLUSHER: THE SOURCE OF REVENUE IS THE CANDIDATES BECAUSE THEY COME UP AND THEY MEET THE REQUIREMENTS, THEY GET A BLOCK GRANT FROM THE CITY.

WHEN THE AND DAT MEETS THE THRESHOLD TO QUALIFY FOR PUBLIC FINANCING, IF IT'S A COUNCIL CANDIDATE, THEY GET $16,666 UP FRONT. IF IT'S A MAYORIAL CANDIDATE THEY GET —

MAYOR GARCIA: 33, 333.

I CAN'T SAY THAT WITHOUT SPITTING. UP FRONT. AND IF THE — AND THEN THEY GET A TWO TO ONE MATCH FOR CAMPAIGN CONTRIBUTIONS TOWP A CERTAIN THRESHOLD, AND THERE ARE TWO OTHER KINDS OF MATCHES THAT THEY CAN QUALIFY AS WELL FOR. SO THERE'S THREE KINDS OF MATCHING FUNDS, PLUS A GRANT THAT THEY GET. SO THE BLOCK GRANT IS NOT MONEY THAT THE CITY GETS TO PAY THIS, THE BLOCK GRANT IS MONEY THAT'S PAID TO A QUALIFYING CANDIDATE.

SLUSHER: OKAY.

MAYOR GARCIA: ACTUALLY, WHAT HAPPENS IS THAT THE WORD INCLUDE MAY NOT BE THE ONE, MAY NOT — MAY CONFUSE BECAUSE IT LOOKS LIKE THE CITY BLOCK GRANTS MAY INCLUDE TAX REVENUE.

RIGHT. I GUESS YOU COULD SAY —

SLUSHER: I'VE GOT AN IDEA. IT SEEMS THAT IT MAY INCLUDE TAX REVENUES — I DON'TTO GET TROOEU TO GET THE INFORMATION ON ALL THE MAIN POINTS IN HERE WITHOUT TRYING TO JUDGE. I THINK MR. LEWIS, ALTHOUGH I DISAGREE WITH SOME OF THE THINGS HE'S SAID, BUT I WANT TO BE FAIR TO THE PROCESS THAT CITIZENS DID SIGN THIS. I THINK THEY WERE TOLD IT WAS GOING TO BE PUBLIC FINANCING. I THINK A LOT OF FOLKS WOULD ASSUME THAT'S GOING TO BE TAX MONEY OF SOME SORT — SOME SORT OF PUBLIC MONEY. WHAT ABOUT IF WE SAID IN THE PAREN THESES — AND WHAT I MEAN BY THAT IS JUST BY PUTTING TAX REVENUE IN HERE, IT MAY LOOK LIKE WE'RE TRYING TO DAMAGE THE INITIATIVE AND HURT IT BY HAVING THE WORD TAX IN THERE. WHAT IF WE INSTEAD PUT INCLUDING CITY BLOCK GRANTS AND PUBLIC MATCHING FUNDS FROM THE CITY? END PAREN. THE CITY BLOCK GRANTS AND PUBLIC MATCHING FUNDS. THE CITY ONLY REFERS TO BLOCK GRANTS. YOU MIGHT TAKE THE — TO ME CITY IN THAT SENTENCE REFERS TO BLOCK GRANTS AND THEN PUBLIC MATCHING FUNDS IS NOT CLEAR IT'S FROM THE CITY, BUT THEN YOU HAVE, WHICH MAY INCLUDE TAX REVENUE.

WE HAD TALKED ABOUT THAT AND WE SAID THEYERE GOING TO DO CITY BLOCK GRANTS AND CITY PUBLIC MATCHING FUNDS AND WE SAID NO, WE DON'T HAVE TO SAY CITY TWICE.

SLUSHER: I'M SORRY, IF I — I READ THAT DIFFERENTLY OR DON'T THINK THAT'S CLEAR.

GOODMAN: MAYOR?

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: THE SENTENCE, IF YOU LEAVE IN THE AND, THEN IT GETS CONFUSING. WHAT WE DID WAS SUGGEST THAT THERE BE NO AND SO THAT IT SAID CITY BLOCK GRANTS, MATCHING FUNDS.

SLUSHER: DON'T YOU NEED A THIRD THING IF YOU MAKE A COMMA?

GOODMAN: WELL, YEAH, I HADN'T GOTTEN TO TAX REVENUE YET. THAT WAS THE THIRD.

SLUSHER: I'M SORRY. YOU GOT ME ON THAT ONE. I'M SORRY. HOW WOULD IT READ THEN?

GOODMAN: THE TYPEWRITTEN ONE SAYS, WHICH MAY INCLUDE TAX REVENUE. I THINK WHEN WE WERE DISCUSSING, WE JUST SAID INCLUDING TAX REVENUE OR I DON'T REMEMBER THE EXACT LANGUAGE, BUT IT WAS THE COMMA SO THAT YOU DIDN'T HAVE TO SAY CITY BLOCK GRANTS, CITY MATCHING FUNDS, WHICH MAY INCLUDE TAX REVENUES. BUT ALL — I'LL DEFER TO COUNCILMEMBER WYNN. HE HAS A BETTER RECOLLECTION.

SLUSHER: WHAT I THINK IS I CAN THINK WHAT IT IS NOW THAT YOU'VE EXPLAINED THAT IS WHEN IT SAYS CITY BLOCK GRANTS AND PUBLIC MATCHING FUNDS, THEN YOU HAVE — IT LOOKS LIKE BLOCK GRANTS COME FROM THE CITY AND MATCHING FUNDS COME FROM THE PUBLIC, WHICH MAY OR MAY NOT BE THE CITY. THAT'S WHERE THE CONFUSION IS.

MAYOR GARCIA: I THINK THE PAREN IS IN THE WRONG PAREN PLACE.

AND BECAUSE EVERYONE IS DYING TO GET INTO THIS DEBATE, OUR FORMER CFO AND NOW ACTING ASSISTANT CITY MANAGER HAS AN IDEA.

I JUST CAN'T STAY OUT OF IT. JUST A SUGGESTION THAT YOU MIGHT SAY PUBLIC — BLOCK GRANTS — CITY BLOCK GRANTS AND MATCHING FUNDS FROM GENERAL FUND REVENUES.

SLUSHER: SO THAT TAKES OUT — WE WERE TRYING TO HAVE THE WORD PUBLIC IN THERE BECAUSE THE LEADING PROPONENT OR ONE OF THE LEADING PROPONENTS THAT'S BEEN DOWN HERE —

YOU COULD LEAVE THAT WORD BACK IN THERE.

MAYOR GARCIA: FROM GENERAL FUND SOURCES.

SLUSHER: WELL, MR. STEINER, IF WE DETERMINE THAT THE ORDINANCE, THE PROPOSED ORDINANCE IS ONLY SUPPOSED TO COME OUT OF THE GENERAL FUND, IS THAT CLEAR IN THE PROPOSED ORDINANCE?

HERE'S WHAT IT SAYS. THIS SAYS IT IS HERE BY ESTABLISHED AN ACCOUNT WITHIN A SPECIAL REVENUE FUND OF THE CITY OF AUSTIN TO BE KNOWN AS THE, QUOTE, FAIR ELECTION FUND, END QUOTE. THE CITY COUNCIL SHALL APPROPRIATE TO THE FAIR ELECTION FUND AN AMOUNT SUFFICIENT TO FUND ALL CANDIDATES FOR OFFICE OF MAYOR OR THE CITY COUNCIL ELIGIBLE TO RECEIVE PUBLIC FINANCING FROM THE FUNDS. THE COUNCIL SHALL IMMEDIATELY APPROPRIATE SUCH FUNDS UPON THE EFFECTIVE DATE OF THIS ACT AND SHALL THEREAFTER APPROPRIATE SUCH FUNDS FOR EACH FOLLOWING FISCAL YEAR.

SLUSHER: SO IT — ISN'T IT IN THERE SOMEWHERE THAT IT SHOULDN'T EXCEED A CERTAIN PERCENTAGE?

YES, SIR. IT SAYS THE AMOUNT OF FUNDS IN THE AUSTIN FAIR ELECTION FUND AT ANY ONE TIME, HOWEVER, SHALL NOT EXCEED 0.25% OF THE CITY'S ANNUAL BUDGET.

SLUSHER: OKAY. AND STIMPL, IF I ASK YOU — CITY MANAGER, IF I ASK YOU WHAT THE CITY'S ANNUAL BUDGET, ARE YOU GOING TO TELL ME THE GENERAL FUND BUDGET OR THE OVERALL CITY BUDGET?

IN LIGHT OF THAT PHRASE, I WOULD HAVE TOLD YOU GENERAL FUND BUDGET. THERE'S A VERY BIG DIFFERENCE OF A QUARTER PERCENT OF 1.8 BILLION.

SLUSHER: IF I ASKED YOU NOT IN RELATION TO THAT PHRASE RIGHT THIS THERE, BUT SOMEBODY WALKED UP ON THE STREET AND SAID WHAT IS THE CITY OF AUSTIN'S BUDGET, WHAT WOULD YOU SAY?

I HAVE MY FINANCIAL PERSON FROWNING AT YOU, BUT I WOULD TELL YOU 1.8 SLUSH HER: AND THAT'S WHAT YOU WOULD SAY, MR. STEVENS?

THAT'S WHAT I WOULD SAY.

SLUSHER: THEN WE CAN'T BE SAYING THAT BECAUSE WE WOULD BE GOING AGAINST THE INTENT OF THE PETITIONERS.

WYNN: IF I CAN, MY THOUGHT ON THAT, COUNCILMEMBER, IS THAT TO DISTINGUISH BETWEEN THE FACT THAT WE CURRENTLY HAVE PUBLIC FINANCING OF RUNOFF ELECTIONS FOR CERTAIN CANDIDATES. IF PUBLIC FINANCING, THE CITY OF AUSTIN RELEASES THE FUNDS TO THEM BUT IT'S FROM A FUND OF LOBBY FEES AND APPLICATION FEES FOR OFFICE OR WHATEVER, THERE'S NO — IN MY OPINION I THINK OF IT AS THERE'S NO EXPOSURE TO THE TAXPAYER, NO EXPOSURE TO THE AVERAGE CITIZENS FOR THAT ACCOUNT. THIS IN MY OPINION CREATES EXPOSURE TO THE AVERAGE CITIZEN. THAT IS, SOMEWHERE WE AS A COUNCIL HAVE TO COME UP WITH THE PROPOSITIONS EACH YEAR FOR THIS ACCOUNT, INCLUDING EACH EAR AFTER THE ELECTION WE HAVE TO IMMEDIATELY FUND — I PRESUME MAY OF 2003 WE HAVE TO IMMEDIATELY FUND AN AMOUNT SUFFICIENT TO, BLAH, BLAH, BLAH.

MAY OF 2002.

WYNN: THAT'S RIGHT, MAY OF 2002. SO SIX WEEKS FROM NOW WE HAVE TO IMMEDIATELY FUND FUND SUFFICIENT TO RUN THIS FOR THE FORESEEABLE FUTURE. IN THEORY, I GUESS THIS COUNCIL COULD ACT TO TAKE MONEY FROM AUSTIN ENERGY AND DO THAT. WE COULD TAKE FUNDS FROM OUR WATER AND WASTEWATER UTILITY TO DO THAT, BUT I'M JUST TRYING TO DISTINGUISH IN MY LANGUAGE, MAYBE TAX REVENUE ISN'T THE RIGHT — MAYBE GENERAL FUND ISN'T BROAD ENOUGH EITHER. AT SOME POINT THIS COUNCIL IN SIX WEEKS' TIME PERHAPS HAS TO COME UP WITH — PICK A NUMBER, BUT IT'S PROBABLY SEVEN FIGURES TO PUT IN THIS ACCOUNT.

MAYOR GARCIA: WHAT IS ONE QUARTER OF WHAT ONE PERCENT OF THE TOTAL BUDGET IS.

WYNN: RIGHT, BUT ONLY ONE MILLION FROM THE GIT-GO. SOME PETITION TO START THIS. I GUESS MY QUESTION IS WHERE WOULD WE FIND SEVEN FIGURES IN THE NEXT SIX WEEKS? MAYBE MR. STEVENS CAN BETTER EXPLAIN THAT, BUT I DON'T KNOW IF WE GO BORROW MONEY FROM AUSTIN ENERGY OR WE —

I'LL TELL YOU THIS, IF IT'S THE 1.8 BILLION, THEN IT'S NOT JUST TAX REVENUE, IT'S RATE REVENUE ALSO.

I BELIEVE THE REFERENCE TO THE BUDGET, WHICH THEN SETS THE FOUR AND A HALF MILLION THAT THE CITY MANAGER IS TALKING ABOUT OR THAT THE MAYOR IS TALKING ABOUT SETS THE CAP ON HOW MUCH WOULD BE APPROPRIATED, BUT IT DOESN'T STIPULATE WHAT THE SOURCE OF THAT APPROPRIATION WOULD BE. AND I THINK THAT'S WHAT COUNCILMEMBER WYNN IS SAYING.

THE ONE QUARTER OF AUSTIN PERCENT CAP IS JUST AN AMOUNT CAP. THE — NOWHERE IN THE PROPOSAL DOES IT LIMIT WHAT SOURCES ARE TO BE USED FOR THAT.

SLUSHER: I'VE GOT ANOTHER IDEA. I'M GOING TO TRY TO PULL OUT OF THIS DISCUSSION. I'VE DONE A LOT OF EDITING ALLEADY, BUT WE'RE TRYING TO HONOR MR. LEWIS' REQUEST THAT WE HAVE THE PHRASE PUBLIC FUNDING IN THERE, CORRECT? THAT'S WHAT WE'RE TRYING TO DO.

WYNN: STILL IN THE FIRST SENTENCE.

SLUSHER: THAT'S WHAT I SAY. IT'S IN THE FIRST SENTENCE. SO WE COULD TAKE PUBLIC OUT OF THE PAREN, INCLUDING CITY BLOCK GRANTS AND MATCHING FUNDS. THAT SOLVES MY CONCERN ABOUT THE SECOND ONE NOT BEING CLEAR THAT THAT'S COMING FROM CITY FUNDS. AND THEN I WOULD JUST LEAVE IT TO THE MAKER OF THE MOTION WHETHER HE WANTS TO INCLUDE, WHICH MAY INCLUDE TAX REVENUES IN THERE. BUT IF WE COULD JUST STRIKE PUBLIC THERE, IT WOULD — IT HONORS MR. LEWIS' REQUEST TO HAVE PUBLIC FUNDING IN THE — MAKE IT CLEAR THAT THIS IS PUBLIC FUNDING AND IT MAKES IT CLEAR TO THE VOTERS THAT THE PUBLIC FUNDING IS CITY MONEY.

WYNN: I WOULD ACCEPT THAT, STRIKING THE WORD PUBLIC. I DO FEEL STRONGLY THAT OBVIOUSLY THERE IS MORE POTENTIAL REVENUE THAN TAX REVENUE, WHICH IS WHY WE SAY MAY INCLUDE, BUT I JUST THINK THAT — BECAUSE TAX ALSO IS SALES TAX, AD VALOREM PROPERTY TAX, SO IT'S — IT BEGINS TO DESCRIBE THAT THERE IS — THERE'S NO RESTRICTION ON WHICH POOL OF TAX REVENUE PERHAPS MAYBE HAVE TO BE USED FOR THIS.

SLUSHER: IT'S DEFINITELY A TRUE STATEMENT.

WYNN: RIGHT. AND IF I WAS TRYING TO WRITE LANGUAGE TO SCARE MORE PEOPLE, I WOULD SAY INCLUDING AD VALOREM PROPERTY TAXES, SALES TAX, AUSTIN ENERGY REVENUE, WASTEWATER FEES, OUR TRANSPORTATION USER FEE, OUR GREEN FREEZE FROM OUR GOLF COURSES. I WOULD LIST ALL OF THOSE, BUT I'M NOT. BY SAYING TAX REVENUE, IT JUST IMPLIES THAT THERE'S SEVERAL POOLS OF FUND THAT ARE GOING TO BE DELVETD FOR THIS.

SLUSHER: I'M CHECKING OUT OF EDITING.

GOODMAN: WE'LL HAVE ONE MORE POSSIBLE EDITING CONTRIBUTION TO MAKE, WHICH IS WHEN I READ IT, HAVING NOT LOOKED AT IT FOR A FEW MINUTE, I WONDER IF THE FIRST WORD INCLUDING IN THE PAR THEN THESIS REALLY SHOULD NOT BE SOMETHING LIKE THROUGH OR FROM.

WYNN: WHILE WE'RE TALKING ABOUT IT, PUBLIC FUNDING AND THEN THE QUESTION IS FROM — PUBLIC FUNDING FROM, PUBLIC FUNDING THROUGH, PUBLIC FUNDING —

GOODMAN: THROUGH THE MECHANISM OF SOURCES OF WHAT YOU'RE LISTING.

WYNN: PERHAPS FROM IS MORE APPROPRIATE.

MAYOR GARCIA: DO YOU HAVE ANY GRAMMARIANS IN THE AUDIENCE.

THROUGH WORKS NICELY.

MAYOR GARCIA: HOW WOULD IT READ THEN.

LET ME SEE. I ALSO GET CHECKED TO SEE IF I'VE KEPT UP WITH THE CHANGES. SHALL THE CITY CHARTER BE AMENDED TO CREATE A PUBLIC FUNDING SYSTEM FOR CAMPAIGNS OF CITY COUNCIL CANDIDATES THROUGH CITY BLOCK GRANTS AND MATCHING FUNDS, WHICH MAY INCLUDE TAX REVENUES, TO LIMIT CAMPAIGN CONTRIBUTIONS TO $200 PER DONOR AND TO PROVIDE INDEPENDENT SOVEREIGN POWERS TO THE ETHICS REVIEW COMMISSION —

MAYOR GARCIA: TO THE CITY.

TO THE CITY'S ETHICS REVIEW COMMISSION, INCLUDING SUBPOENA POWER.

AND WE WERE ABOUT TO GET A CONGRATULATIONS AND YOU DROPPED ONE WORD, JOHN.

MAYOR GARCIA: OKAY. COUNCILMEMBER WYNN, IS THAT SOMETHING THAT YOU CAN CONSIDER TO BE A FRIENDLY AMENDMENT?

WYNN: I DO ACCEPT — I THINK THROUGH IS A MORE GRAMMATICAL WAY TO SAY THAT. COUNCILMEMBER SLUSHER NOW HAS JUST MADE A SUGGESTION.

MAYOR GARCIA: I'M GOING TO BLOCK HIM FROM THAT. [ LAUGHTER ]

WYNN: THAT WE'VE BEEN USING THE TERM PUBLIC FUNDING, AND HE DOES POINT OUT, AND IT STRUCK ME, THAT WE HAVE BEEN — IN GENERAL TERMS I THINK MOST PEOPLE WOULD CHARACTERIZE THE DEBATE OVER THE LAST FEW MONTHS AS BEING PUBLIC FINANCING. AND SO I WOULD LIKE FOR US TO CONSIDER — IN FACT, I THOUGHT WHAT MR. STEINER JUST READ IS WHERE WE ARE, BUT NOW I THINK WE SHOULD ALSO CONSIDER SHOULD IT BE PUBLIC FUNDING SYSTEM OR PUBLIC FINANCING SYSTEM? I SUSPECT THAT FINANCING IS USED MORE OFTEN IN THE ACT ITSELF.

THE ACT ITSELF SAYS THE CITIZENS OF AUSTIN DECLARE OUR INTENT TO CREATE A FAIR ELECTION SYSTEM OF FINANCING CAMPAIGNS, SO IT'S THAT WORD — THAT WORD DOES HAVE SUPPORT IN THE TEXT OF THE AMENDMENT ITSELF.

WYNN: REMIND ME THE TEXT OF THE PETITION.

THE TEXT OF THE PETITION SAYS, YOU ARE HERE BY REQUESTED TO PLACE THE FOLLOWING AMENDMENT TO THE AUSTIN CITY CHARTER, SECTION 3 ELECTION ON THE NEXT GENERAL ELECTION BALLOT FOR THE CITY OF AUSTIN. A CITY OF AUSTIN CHARTER AMENDMENT TO ESTABLISH AN AUSTIN FAIR ELECTIONS ACT, WHICH WOULD RAISE CAMPAIGN CONTRIBUTION LIMITS TO $200 AND ALLOW QUALIFYING PARTICIPATING CANDIDATES TO RECEIVE TWO TO ONE MATCHING FUNDS FOR CONTRIBUTIONS IF THEY AGREE TO EXPENDITURE LIMITS OF $100,000 PER ELECTION, BOTH GENERAL AND RUNOFF FOR COUNCIL, AND $200,000 FOR ELECTION FOR MAYOR. THE CITY FUNDS WOULD BE APPROPRIATED AND CAPPED AT .25% OF THE ANNUAL BUDGET.

WYNN: IN THE ACTUAL PETITION THEY USE THE TERM FUND. I CERTAINLY WANT TO DEFER TO MY COLLEAGUES, BUT MY INSTINCT IS PUBLIC FINANCING IS GENERALLY WHAT PEOPLE CALL THIS.

GOODMAN: ISN'T THAT WHAT'S REFERRED TO ON YOUR INCOME TAX FORM? THAT'S HOW I THINK OF IT AND I MUST READ THAT ONCE A YEAR. SO I THINK MAYBE THAT'S WHAT PEOPLE —

WYNN: I'M SORRY. JUST THE FACT THAT GENERICALLY WE'RE TALKING ABOUT CAMPAIGN FINANCE REFORM, NOT CAMPAIGN FUNDING REFORM.

SO YOU WANT FINANCING?

WYNN: THANK YOU.

SHOULD I READ IT ONE MORE TIME?

MAYOR GARCIA: ONE MORE TIME, JOHN. DON'T FORGET THE WORD CITY.

I WON'T.

SLUSHER: NOW THE PRESSURE'S ON.

SHALL THE CITY CHARTER BE AMENDED TO CREATE A PUBLIC FINANCING SYSTEM FOR CAMPAIGNS OF CITY COUNCIL CANDIDATES THROUGH CITY BLOCK GRANTS AND MATCHING FUNDS, WHICH MAY INCLUDE TAX REVENUES, TO LIMIT CAMPAIGN CONTRIBUTIONS TO $200 PER DONOR, AND TO PROVIDE INDEPENDENT SOVEREIGN POWERS TO THE CITY ETHICS REVIEW COMMISSION, INCLUDING SUBPOENA POWER.

MAYOR GARCIA: OKAY.

WYNN: I'LL ACCEPT THAT AS A FULLY AMENDED MOTION.

MAYOR GARCIA: OKAY. THE MAKER OF THE MOTION HAS APPROVED ALL THE AMENDMENTS. WHAT ABOUT THE SECONDER?

GOODMAN: DITTO.

MAYOR GARCIA: DITTO. GOT IT. I HAVE AN E-MAIL THAT SAYS HI, DAD, WANTED TO LET YOU KNOW IT GOING TO BE COLD TONIGHT, SUPPOSED TO GET DOWN TO 73 DEGREES. THAT'S FROM MY SON.

WYNN: BY THE TIME WE FINISH HERE IT MAY NOT BE. IT WILL BE TOMORROW.

WYNN: YOU'RE PROVIDING ENOUGH HEAT, COUNCILMEMBER. OKAY. FURTHER DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO? MOTION CARRIES ON A VOTE OF SEVEN TO ZERO.

CAN I — CAN WE TAKE THAT AS A VOTE TO PLACE THE CITIZEN INITIATIVE ON THE BALLOT WITH THAT BALLOT LANGUAGE?

MAYOR GARCIA: YES.

AND THAT WOULD BE YOUR DRAFT ORDINANCE NUMBER 7, BUT WE'LL COME BACK TO —

MAYOR GARCIA: FOR RIGHT NOW IT'S 7.

OKAY.

MAYOR GARCIA: THERE'S A REQUEST FOR 10 MINUTES FOR AN EXECUTIVE SESSION ON ITEM NUMBER 3, I THINK, OR ITEM NUMBER 4 FOR DISCUSSION — ACQUISITION OF INTEREST IN REAL PROPERTY. WE'RE GOING TO BE BREAKING IN ABOUT 35 MINUTES AND I'LL BE DOING THE PROCLAMATIONS, MAYOR PRO TEM. CAN YOU DO THAT DURING DINNER? CAN YOU WAIT UNTIL DINNER? BECAUSE WE'RE GOING TO HAVE TO WORK ON THIS, THIS BALLOT LANGUAGE AND PROPOSITIONS. CAN YOU WAIT? AND MS. CRUTCHER IS HERE ON THE CLOCK. ARE YOU HERE ON THE CLOCK?

SHE'S SALARIED, SO SHE'S IN TROUBLE.

MAYOR GARCIA: OKAY. NOW GOING TO ITEM EIGHT, TO CHANGE THE METHOD OF — TO ITEM A, TO CHANGE THE TERMS AND THE METHOD OF THE LKS OF THE CITY COUNCIL FROM ELECTION AT LARGE TO A METHOD COMBINING ELECTION OF MEMBERS FROM GEOGRAPHICAL DISTRICTS AND ELECTION OF MEMBERS AT LARGE. SO WE BEGIN THE DISCUSSION AND WHAT WE APPROVED ON SECOND READING WAS THE 8-2-1 WITH TRANSITION PLAN 5, SO I'LL ENTERTAIN A MOTION TO BEGIN DISCUSSION ON THAT PREMISE.

SLUSHER: SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER SLUSHER. SECONDED BY COUNCILMEMBER WYNN. OKAY. DISCUSSION? I GUESS THE ELECTION MAP, Y'ALL HAVE THIS YELLOW SHEET AND IT TALKS ABOUT DRAFT DISTRICT ELECTION MASS COMMUNICATION PLAN.

AND LET ME ELABORATE ON THAT. EVERYONE SHOULD HAVE IN FRONT OF THEM SOMETHING NUMBERED 15-A, WHICH SAYS AS THE MAYOR SAID DRAFT MAP COMMUNICATION PLAN. THIS IS INTENDED TO BE A STARTING PLACE ONLY. WE ARE WIDE OPEN FOR ENHANCEMENTS, SUGGESTIONS, AS WE MOVE THROUGH THIS, BUT I'LL GIVE YOU A QUICK SUMMARY. BASICALLY BEGINNING TODAY IF WE GET APPROVAL FROM YOU ON THE GENERAL CONCEPT, WE WILL BEGIN A PROCESS THAT WILL HAVE TWO PRIMARY GOALS, PUBLIC EDUCATION AND PUBLIC FEEDBACK OR INPUT. ALL OUR STRATEGY WILL LEAD TO A SUMMARIZED SET OF INPUT OR FEEDBACK THAT WE WILL BE GIVING TO COUNCIL FOR YOUR REVIEW AND DECISION ON EACH OF THE DATES. OUR GOAL WILL BE TO TAKE ACTION ON THE 11TH, FINAL ACTION ON THE 11TH. THAT WILL BE A WEEK IN ADVANCE OF EARLY VOTING ON THE 17TH OF APRIL. AND OBVIOUSLY SEVERAL WEEKS, THREE WEEKS IN ADVANCE OF THE MAY 4TH ELECTION. STRATEGIES WILL INCLUDE USING PUBLIC SERVICE ANNOUNCEMENTS, PUTTING UP A WEB PAGE DEDICATED TO THIS TOPIC. USING CHANNEL 6 TO ADVERTISE THE MAPS AND WAYS TO GIVE US YOUR FEEDBACK USING THE LATEST EDITION OF THE CITYWIDE NEIGHBORHOOD NEWSLETTER, SO HAVE AN INSERT, INCLUDING THE MAPS AND STRATEGIES. TO ADVERTISE IN THE MINORITY PUBLICATIONS ON MINORITY RADIO SHOWS AS WELL AS WITH THE STATESMAN. TO DEVELOP A KEY STAKEHOLDER LIST, SEND OUT NOTICES, INVITE THEM TO CONTACT US IF THEY'RE INTERESTED IN PRESENTATIONS. BASICALLY DEVELOP A SPEAKERS BUREAU. WE INTEND TO BE IN FRONT OF THE PLANNING COMMISSION AND TO INVITE ALL OTHER BOARDS AND COMMISSIONS TO LET US KNOW IF THEY WOULD LIKE A PRESENTATION TO GIVE YOU FEEDBACK OR RECOMMENDATIONS. AND TO INCLUDE THINGS LIKE HANDOUTS OF THE MAP, THE WEB PAGE, E-MAIL ADDRESSES THAT YOU CAN GIVE US FEEDBACK AT OUR LIBRARIES, MAYBE AT A CLINIC SITE. WE'VE ALSO THOUGHT OF USING OUR POLICE DISTRICT COMMAND FORUMS THAT ARE WELL ATTENDED BY THE SURROUNDING NEIGHBORHOODS AS ANOTHER MECHANISM TO GIVE OUT INFORMATION ABOUT THE MAP, BUT BASICALLY WHAT YOU HAVE IS A DRAFT COMMUNICATION PLAN PROMULGATE — PROBABLY THE MOST IMPORTANT THING THAT WE WILL DO UNLESS WE HEAR DIFFERENTLY FROM YOU IS WE WILL COLLATE OR SUMMARIZE THE TYPE OF INPUT WE ARE GETTING ON THE MAP AND WE WILL BRING THAT TO COUNCIL TO GET FEEDBACK. BUT THE IDEA BEING THAT WE WILL GIVE YOU FEEDBACK THEN AT EACH OF THE MEETINGS THAT WE'LL HOLD AND ALLOW YOU TO DECIDE WHICH OF ANY OF THE FEEDBACK ARE SUGGESTIONS THAT YOU WANT TO INCORPORATE CHANGES IN THE MAP. AND THAT'S KIND OF IT IN A NUT SHE WILL. AND WE'RE LOOKING FOR SOME DIRECTION FROM YOU THAT THIS IS THE TYPE OF PROCESS YOU WOULD LIKE TO FOLLOW. AND I GUESS WHILE I'M WAITING, RYAN, JOHN, IS THERE ANYTHING I MISSED ON DIRECTION THAT WE'RE LOOKING FOR IN TERMS OF THE PROCESS?

NO. I THINK THAT WHAT WE'RE LOOKING FOR IS TO SOLICIT SOCIALH PUBLIC INPUT AS WE CAN, AND THEN OF COURSE WE WILL BRING THAT BACK TO COUNCIL FOR FURTHER DIRECTION ON HOW YOU WOULD LIKE TO SEE THE MAPS DEVELOP FROM THE BASE MAP, IF INDEED YOU WANT TO MOVE FROM THE BASE MAP.

YEAH. AND ACTUALLY, THAT WAS THE OTHER THING I MEANT TO SAY. WE ALSO ARE LOOKING FOR DIRECTION FROM YOU THAT WE INTEND TO START FROM THE BASE MAP THAT WE HAVE IN FRONT OF YOU WITH PROBABLY ONE OF TWO EXCEPTIONS. WE HAVE OVERLAID THE NEIGHBORHOOD PLANNING AREAS ON TOP OF THESE DISTRICTS. THERE ARE A FEW CONFLICTS AND WE INTEND TO CORRECT THOSE SO THAT NONE OF THE NEIGHBORHOOD PLANNING AREAS ARE FLIPPED AS PART OF THE DISTRICT. AND USING THAT AS JUST THE STARTING PLACE, THAT WOULD BE OUR BASE MAP UNLESS WE HEAR SOMETHING DIFFERENTLY FROM YOU.

MAYOR GARCIA: COUNCIL, WE HAVE ON OUR DECISION FRAMEWORK, WE HAVE TO APPROVE THE DIRECTION OF THE DRAFT COMMUNICATION PLAN, SO ARE THERE ANY QUESTION ON THE DRAFT COMMUNICATION PLAN OR MOTIONS? THAT'S A DECISION THAT WE NEED TO MAKE. WE'RE TALKING ABOUT THE MAP DEVELOPMENT PROCESS AND THEN WE'LL DO THE BALLOT LANGUAGE, THE CHARTER AMENDMENT AND THE ORDER OF THE ITEM ON THE BALLOT.

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: COULD I ASK IF WE COULD SEPARATE THE 8-2-1 PART FROM THE TRANSITION PART? I'M NOT SURE I'M COMFORTABLE WITH FULL SCALE ELECTION OF ALL POSITIONS FOR ONE YEAR.

MAYOR GARCIA: LET ME HOLD OFF ON THAT.

ALVAREZ: I JUST WANTED TO PUT THAT SOMETHING AT LEAST TO CONSIDER SEPARATELY.

MAYOR GARCIA: OKAY. AT THIS TIME WE'RE ON THE DRAFT COMMUNICATION PLAN. AND I NEED A MOTION TO SEE IF IT'S OKAY WITH YOU GUYS. OR IF THERE'S QUESTIONS.

GOODMAN: I WOULD MOVE THAT, MAYOR, NOTING THAT I'M SURE WE'LL THINK OF OTHER THINGS AS TIME GOES ON.

MAYOR GARCIA: THERE'S A MOTION BY THE MAYOR PRO TEM. I'M GOING TO SECOND THAT MOTION. DISCUSSION?

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: YEAH. I WAS GOING TO — I ASSUME WE'RE GOING TO HAVE PUBLIC HEARINGS AT OUR COUNCIL MEETINGS ON THIS?

MAYOR GARCIA: SURE. WE CAN DO THAT.

ALVAREZ: WE USUALLY MEET HERE AT LCRA, SO I WAS WONDERING IF WE COULD MEET SOMEWHERE ELSE TO MAKE IT MORE GEOGRAPHICALLY ACCESSIBLE FOR FOLKS.

AND WE COULD TRY TO HAVE A MEETING AT EACH OF THE EIGHT PROPOSED DISTRICTS ALSO, BUT YES, WE CAN MAKE SURE THAT THE PUBLIC HEARINGS HAVE STRONG GEOGRAPHICS.

ALVAREZ: I MEAN SPECIFICALLY THE COUNCIL MEETING. IF WE HAVE ONE HERE AND ONE THERE, THEN AT LEAST GEOGRAPHICALLY WE'LL —

WE'LL SET UP ONE OF THE PUBLIC HEARINGS OR THE WORK SESSIONS TO BE OUT IN CONNALLY GUERERRO.

MAYOR GARCIA: OKAY. THERE'S A MOTION AND A SECOND.

MAYOR GARCIA: MAYOR? —

SLUSHER: MAYOR? I'VE BEEN FOR GETTING A MAP DONE BEFORE THE ELECTION, BUT LET ME JUST SAY A FEW OF MY CONCERNS FOR COUNCIL DISCUSSION HERE THAT I DEVELOPED AS WE HEAD INTO THIS. THAT WE'VE GOT — WHAT IS THE DATE WE HAVE TO APPROVE THIS?

THE LAST REGULAR MEETING THAT YOU COULD APPROVE IT IS APRIL 11TH. WE COULD HAVE A SPECIAL CALLED MEETING, BUT THAT'S — EVEN ON APRIL 11TH, THAT REALLY GIVES YOU ONE WEEK UNTIL EARLY VOTING. SO YOU PROBABLY DO WANT IT OUT IN ADVANCE OF EARLY VOTING SO PEOPLE WILL HAVE A CHANCE TO SEE IT.

SLUSHER: I THINK IF WE'RE GOING TO HAVE THE MAP BE BOUND BY THE ELECTION ON THE MAP, THEN I THINK WE DEFINITELY NEED TO HAVE IT DONE BEFORE PEOPLE START VOTING. SO I WOULD AGREE WITH YOU ON THAT. SO APRIL 11TH IS OUR LAST SHOT AT THAT, WHICH IS NOW — ETCETERA NOW 18 DAYS AWAY — IT'S NOW 18 DAYS AWAY? I'M STARTING TO GET CONCERNED THAT THAT IS TOO QUICK TO DO THIS. MR. STEINER HAS SAID THAT THAT COULD BE A PROBLEM FOR US AT THE JUSTICE DEPARTMENT. HE DIDN'T SAY IT DEFINITELY WOULD BE, BUT IT COULD BE. SO I JUST WANT TO NOTE THAT CONCERN. AND IT MIGHT BE THAT WE MAY GET TO THAT POINT AND NOT DO A MAP, THEN WE MIGHT NOT AGREE ON A MAP AT THAT TIME. AND I THINK THAT WOULD BE A SERIOUS SET BACK. SO I'M CONCERNED ABOUT THAT. I JUST WANTED TO LAY THAT OUT TO THE COUNCIL BEFORE WE VOTE ON THIS AND SEE IF ANYBODY UP HERE HAS SIMILAR CONCERNS.

ALONG THOSE LINES, I WANT TO MAKE SURE THAT THE COUNCIL IS AWARE OF ALL THE FEATURES OF THE ORDINANCE, OF THE PROPOSED CHARTER AMENDMENT THAT I'VE DRAFTED. YOU MAY RECALL THAT FOLKS THAT ARE JUST SETTING UP THE SYSTEM AND MAKING THE NECESSARY CHANGES IN THE CHARTER TO ADJUST FROM SEVEN TO 11, BUT THE TWO FEATURES THAT I WANT TO DRAW YOUR ATTENTION TO, OF COURSE, ONE IS THE TRANSITION, WHICH WE WILL TALK ABOUT LATER. THE OTHER IS THE PROVISION REGARDING ANTICIPATORY ORDINANCES. COUNCILMEMBER SLUSHER AT THE MEETING ON THE SEVENTH, I BELIEVE IT WAS, SAID THAT YOU WOULD LIKE A PROVISION THAT IF WE DID DO A REDISTRICTING TO PRESENT AT THE TIME OF THE ELECTION, HE WANTED THE COUNCIL TO BE LOCKED INTO THAT SO THAT THERE WOULDN'T BE A CHANGE AFTER THE ELECTION. AND THE LANGUAGE REGARDING ANTICIPATORY REDISTRICTING ORDINANCE DOES LOCK YOU IN, SO THAT IF YOU ADOPT A REDISTRICTING ORDINANCE, THE WAY I'VE WRITTEN IT IS THIS, AND YOU CAN TELL ME IF YOU WOULD LIKE THIS OR IF YOU WOULD LIKE SOMETHING ELSE. IT'S ON YOUR DRAFT 15-A, PAGE 4, BEGINNING ON LINE 8. A REDISTRICTING ORDINANCE ENACTED BY THE CITY COUNCIL IN ANTICIPATION OF THE AMENDMENTS TO THIS ARTICLE MAY NOT BE AMENDED BY THE CITY COUNCIL FOR FIVE YEARS AFTER THE EFFECTIVE DATE OF THE REDISTRICTING ORDINANCE UNLESS THE AMENDMENTS TO THE ORDINANCE ARE NECESSARY TO COMPLY WITH A COURT ORDER, PROCEDURAL REQUIREMENTS OF STATE OR FEDERAL LAW, LEGAL PREREQUISITES TO THE REDISTRICTING OR DEMOGRAPHIC CHANGES THAT THE CITY COUNCIL FINDS REQUIRES ADJUSTMENTS TO THE COUNCIL DISTRICT BOUNDARIES. SO UNLESS THE CITY CHANGES ITS DID HEOG — DEMOGRAFFY OR THERE'S A COURT ORDER OR WE HAVE JUSTICE DEPARTMENT PROBLEMS, YOU WOULD BE LOCKED INTO A REDISTRICTING THAT YOU ADOPT BEFORE THIS IS SUBMITTED TO THE VOTERS. I CAN CHANGE THAT, OF COURSE, BUT I UNDERSTOOD THAT TO BE THE COUNCIL'S WISH.

SLUSHER: THAT'S ACCURATE. I THINK IF WE HAVE A MAP BEFORE THE ELECTION, THEN WE SHOULD BE LOCKED INTO IT BECAUSE THAT'S WHAT THE PEOPLE WOULD BE VOTING ON, SO THAT WOULD BE THE WILL OF THE ELECTORATE. SO MY QUESTION NOW IS WHETHER WE WANT TO AT THIS POINT DO A MAP BEFORE THE ELECTION IN THIS SHORT OF TIME, GIVEN THE CONCERNS, ESPECIALLY THAT MR. STEINER HAS PRESENTED ABOUT THE JUSTICE DEPARTMENT AND DOING THAT AS A FAIRLY QUICK PROCESS. DO YOU WANT TO ELABORATE ON THAT AND MAKE SH SURE I'M NOT OVERAT A TIMING WHAT YOU SAID.

I DON'T THINK IT'S THE QUICKNESS, I THINK IT'S THE INCLUSIVENESS. THE QUESTION WILL BE WHETHER OR NOT WE CAN ACHIEVE THE REQUISITE INCLUSIVENESS IN THE TIME REMAINING TO US. IF IT'S THE WILL OF THE POSITIVE COUNCIL TO DO THIS, THEN, AS I SAY, WE DO NEED TO MOVE AMBITIOUSLY AND THIS COMMUNICATION PLAN WOULD BE OUR BEST EFFORT AT ACHIEVING IT.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: MR. STEINER, REMIND US. SO IF WE DECIDE TO DEFER LIKE WE'VE DONE IN THE PAST AND THE MAPS AREN'T DRAWN UNTIL AFTER THE ELECTION, IT SEEMS TO ME, ONE, YOU WOULD HAVE TO — THE VOTERS SHOULD KNOW IN ADVANCE WHAT THAT PROCESS IS GOING TO BE, SO WHETHER THERE'S GOING TO BE AN ADVISORY WHICH I OR JUST US AND — COMMITTEE OR JUST US AND HAVE THIS COMMUNICATION PLAN. AND YOU HAD TOLD US THAT REALISTICALLY AUGUST IS THE DEADLINE FOR US TO HAVE THE MAPS INITIALLY SUBMITTED TO THE JUSTICE DEPARTMENT.

IF YOUR INTENTION IS IMPLEMENTATION IN 2003, THEN YES, WE NEED TO BE PRETTY WELL READY TO SUBMIT IN AUGUST IN ORDER TO HAVE A REALISTIC HOPE OF GETTING IT THROUGH THE JUSTICE DEPARTMENT PROCESS IN TIME.

WYNN: SO ESSENTIALLY WE'RE LOOKING AT EITHER TRYING TO QUICKLY DO IT NOW AND — IN THREE WEEKS OR LESS, BUT KEEP IN MIND THAT THE ALTERNATIVE ISN'T A WHOLE LOT BETTER, BUT IT'S BETTER, BUT IT WOULD BE ESSENTIALLY ALL OF JUNE AND JULY AND PARTS OF AUGUST. SO THE QUESTION IS: IS THE UNCERTAINTY OF NOT SEEING THAT AT ELECTION DATE WORTH THE ADVANTAGE OF HAVING TWO TO THREE TIMES MORE TIME TO GET THE MAPS DRAWN? KEEP IN MIND, I WOULD CONSIDER A COUPLE, THREE MONTHS PRETTY QUICK TURN AROUND.

SLUSHER: MAYOR, DO YOU HAVE ANY THOUGHTS ON THIS?

MAYOR GARCIA: ME?

SLUSHER: YES.

MAYOR GARCIA: I'M TRYING TO RESPOND TO AN E-MAIL THAT WAS SENT TO ME. [ LAUGHTER ]

SLUSHER: ABOUT WHETHER OR NOT TO HAVE A MAP, OF COURSE.

MAYOR GARCIA: WE'RE GOING TO HAVE A MAP. WE'RE TALKING ABOUT THE DRAFT — DRAFT COMMUNICATION PLAN FIRST.

SLUSHER: RIGHT. BUT WE ONLY NEED TO DO THIS IF WE'RE GOING TO HAVE A MAP FOR THE ELECTION.

MAYOR GARCIA: I THOUGHT WE HAD DECIDED THAT, THAT THEYERE GOING TO HAVE A MAP.

SLUSHER: OKAY. WELL, I WAS —

MAYOR GARCIA: BECAUSE THE NEXT ITEM THAT WE HAVE FOR DECISION IS DIRECTION ON THE MAP DEVELOPMENT PROCESS.

SLUSHER: RIGHT. BUT I WAS RAISING THE ISSUE SINCE WE'RE GETTING READY TO VOTE THIS THING THROUGH IS THAT WE DON'T — LOOKING AT THIS, IT IS A PRETTY SHORT TIME TO DO THAT. AND I JUST WANTED TO MAKE SURE WE THOROUGHLY DISCUSSED THAT BECAUSE IT'S A REALLY CRITICAL ISSUE.

GOODMAN: MAYOR, SPEAKING OF THAT, COULD I ASK FOR A CLARIFICATION FROM US AS A COUNCIL OR STAFF? I HAD ASSUMED THAT EVEN IF WE DIDN'T GET TO AN AGREEMENT WITH THE DETAILS NEEDED ON THE MAP BOUNDARIES, THAT WE WERE USING THIS — THE MAP AS A PROTOTYPE BASE. THAT IT WOULDN'T BE DIE METRICALLY OPPOSED. IT WOULD SIMPLY BE FINE TUNED WHEN YOU GET TO THE FINAL DISTRICT, SHOULD THAT PASS. SO IN ESSENCE WE HAVE KIND OF A MAP WHETHER OR NOT WE INCLUDE IT TO BE SPECIFICALLY VOTED ON OR NOT, RIGHT? OR ARE WE NOT USING THIS MAP AS KIND OF A BASE?

MAYOR GARCIA: LET ME RECOGNIZE COUNCILMEMBER THOMAS BECAUSE HE WAS THE ONE THAT WAS INTERESTED IN LOOKING AT THE MAP ISSUE.

THOMAS: THAT'S TRUE. AND I THINK MR. ROBERTSON SAID THAT HE WAS GOING TO TRY IT, BUT I DON'T SEE WE'LL MAKE IT ON THE EARLY VOTING, BUT AT LEAST WE WOULD HAVE SOMETHING, SOME TYPE OF MAP THAT WE WOULD BE LOOKING AT. I THINK THE BIGGEST THING WAS TRYING TO GET THE NEIGHBORHOOD GROUPS IN THOSE DIFFERENT AREAS TO DEFINE WHERE THOSE ZONES — THE DISTRICTS ARE GOING TO BE. AND HE SAID THAT HE'S GOING TO TRY REAL HARD. AND I UNDERSTAND EARLY VOTING WE MIGHT NOT GET THAT, BUT IF WE CAN GET IT AT THE MAIN ELECTION.

SLUSHER: MAYOR? BUT THEN IF — WHICH I THINK WE SHOULD LOCK IN TO THE MAP IF WE'RE GOING TO HAVE A MAP, WE SHOULD LOCK INTO IT AND PUT FORWARD A MAP AND HAVE PEOPLE VOTE ON THAT AND THEN CHANGE IT LATER. I DON'T THINK THAT WOULD BE RIGHT. SO IF WE — I THINK WE NEED TO HAVE IT BEFORE THE EARLY VOTING STARTS SO THAT EVERYBODY THAT VOTES CAN VOTE ON THE MAP. AND THEN — AND ALSO IF WE'RE GOING TO DO THAT, THEN WE HAVE TO APPROVE A MAP. WE DON'T HAVE A CHOICE OF NOT APPROVING — THE VOTERS DECIDE NOT TO APROOF IT. WE'LL HAVE TO VOTE IN ONE MAP ON APRIL 11TH OR WE'LL HAVE THE ELECTION ALREADY SET THAT SAYS WE'VE GOT TO DO A MAP AND WE DON'T HAVE A MAP.

MAYOR GARCIA: I THINK WE CAN DO THIS ONE ON THE DRAFT COMMUNICATION PLAN AND THEN WE CAN GIVE DIRECTION ON HOW THE DEVELOPMENT PROCESS OF THE MAPS IS GOING TO GO. AND THEN ON THE FOURTH THEY CAN BRING THOSE GIVING THE USE OF THE DEVELOPMENT PROCESS. IS THAT NOT CORRECT, MR. ROBERTSON? IS THAT SOMETHING YOU CAN WORK WITH? IN OTHER WORDS, IF TODAY WE GIVE YOU DIRECTION ON HOW TO DEVELOP THE MAPS, CAN WE THEN HAVE BACK FOR DISCUSSION AND ACTION ON THE FOURTH OF APRIL A PROPOSED MAP?

YES, SIR.

MAYOR GARCIA: OKAY.

SLUSHER: MAYOR, ON THE SIDE OF US HAVING A MAP, THE ELECTION IS A VERY PUBLIC PROCESS, SO IF WE'RE SETTING THE ELECTION TODAY AND WE'RE DOING THE MAP DURING THAT TIME FRAME, THEN THAT IS A TIME OF HEIGHTENED PUBLIC AWARENESS. NOT AS HEIGHTENED I THINK IT SHOULD BE WITH SOME OF THE VOTER TURNOUTS WE GET, BUT THAT IS TRUE.

MAYOR GARCIA: OKAY. FURTHER DISCUSSION ON THE DRAFT COMMUNICATION PLAN? DID WE HAVE A MOTION, MS. BROWN?

[ INAUDIBLE ]

BROWN: I'M SORRY, MAYOR PRO TEM GOODMAN MADE THE MOTION FOR THE DRAFT COMMUNICATION PLAN. YOU MADE THE SECOND.

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: A QUESTION ABOUT THE MAP I HAD CAN WAIT.

MAYOR GARCIA: OKAY. ALL THOSE IN FAVOR OF THE DRAFT DISTRICT ELECTION MAP COMMUNICATION PLAN, PLEASE INDICATE BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. ANY ABSTENTIONS? IT PASSES ON A VOTE OF SEVEN TO ZERO. NOW WE GO TO THE DIRECTION ON THE MAP, DEVELOPMENT PROCESS.

AND LET ME JUST GIVE A QUICK OVERVIEW AND THEN RYAN, IF YOU'LL TAKE IT. WHAT WE ARE PUTTING IN FRONT OF YOU AND THEN WAIT TO HEAR WHERE YOU WANT US TO GO FROM HERE IS WE WOULD TAKE THE BASE MAP THAT YOU SEE IN FRONT OF URKS THE ONE WE'VE BEEN USING UP UNTIL NOW, WITH ONLY A FEW CHANGES. THOSE CHANGES WOULD BE WHERE WE HAVE FOUND THE NEIGHBORHOOD PLANNING AREA BOUNDARY BEING CUT OR SPLIT BY ONE OF THESE BOUNDARIES. WE WOULD MAKE THAT ADJUST MEANT. AND RYAN, CAN YOU ILLUSTRATE WHERE THOSE ARE ON DISTRICT MAP? THAT'S OUR PROPOSAL. THAT'S OUR STARTING PLACE. YOU TELL US WHERE YOU WANT TO GO FROM THERE.

THE NEIGHBORHOOD PLANNING AREAS THAT ARE MOST DRAMATICALLY SPLIT ARE JUST NORTH OF THIS LINE, BETWEEN CURRENT DISTRICT PROTOTYPE FIVE AND SIX. AND WE'VE ALSO GOT SOME ISSUES HERE IN SORT OF THE SOUTH BANK AREA. AND I THINK WE CAN DO A SHIFT TO UNSPLIT THOSE NEIGHBORHOOD PLANNING AREAS AND GET AT SOME OF THE CONCERNS HERE AND STILL MAINTAIN THE STRONG AFRICAN-AMERICAN DISTRICT, TWO LATINO DISTRICTS AND THE IMPACT DISTRICT. SO IN ESSENCE IT WOULD BE SORT OF TWEAKING AROUND THE EDGES, PAYING SPECIAL ATTENTION TO THE NEIGHBORHOOD PLANNING AREAS, BUT MAINTAINING THIS OPTIMIZED, MAXIMIZING OF PHILOSOPHY THAT'S BEEN WITH US SINCE THE BEGINNING OF TRYING TO BUILD THESE DISTRICTS.

AND I THINK THE SECOND THING AND LAST THING I WOULD ADD FOR DIRECTION, THE ONE QUESTION IS DO WE START WITH THIS BASE MAP, ADJUSTING FOR THE NEIGHBORHOOD PLANNING BOUNDARIES IS THE FIRST QUESTION? AND THE SECOND QUESTION IS HOW DO YOU WANT US TO HANDLE THE FEEDBACK AND THE INPUT? WE'RE TALKING ABOUT A WEBSITE, AN INTERACTIVE WEBSITE WHERE YOU CAN LEAVE BASICALLY THROUGH E-MAIL YOU CAN LEAVE YOUR COMMENTS AND SUGGESTIONS. WE'LL BE TAKING PUBLIC COMMENTS ON CARDS AT THE PUBLIC HEARINGS, AT THE PRESENTATIONS WE DO. YOU'LL BE GETTING A FORMAL RECOMMENDATION FROM THE PLANNING COMMISSION. IF WE CAN GET IT ORCHESTRATED IN ENOUGH TIME, WE MAY HAVE A PHONE LINE THAT CAN RECORD COMMENTS. IT IS OUR INTENT, UNLESS YOU TELL US SOMETHING DIFFERENT, TO SUMMARIZE THOSE COMMENTS AND BRING THEM TO YOU AT EACH OF THE WORK SESSIONS AND PUBLIC HEARINGS THAT WE'VE GOT SCHEDULED OVER THE NEXT TWO TO THREE WEEKS ON THIS TOPIC SO THAT YOU CAN DECIDE LOOKING AT THE FEEDBACK THAT THESE ARE CHANGES YOU WOULD LIKE TO MAKE. SO WE WILL NOT BE MAKING ANY EYE JUSTMENTS OURSELVES, WE'LL SIMPLY BE SUMMARIZING THE FEEDBACK AND INPUT THAT WE'RE GETTING FROM THE PUBLIC AND BLIG BREUG IT TO YOU. — AND BRINGING IT TO YOU.

SLUSHER: WELL, I'LL STATE SOMETHING SINCE NOBODY HAS THIS CONCERN AT THE END OF THE PROCESS. I WANT TO — [ LAUGHTER ] OH, MAN. [ LAUGHTER ]

MAYOR GARCIA: YOU'RE NOT GOING TO ASK ME TO COMMENT ON THAT, ARE YOU?

SLUSHER: I WOULD POINT OUT THAT WASN'T COMING FROM MY COMPUTER, LET ME JUST SAY THAT. I HAVE CONCERNS ABOUT THE WAY THE CENTRAL SOUTH IS SPLIT INTO THREE DISTRICTS AND ABOUT THE — AND THAT ONE OF THEM COMBINED WITH NORTH OF THE RIVER. SO THAT'S SOMETHING I'M GOING TO BE LOOKING AT AS WE GO ALONG IN THIS. I WANT TO GET THAT ON THE TABLE.

WYNN: ONE OF THE THINGS I ASKED MR. STEINER BEFORE, JUST ABOUT HALF AN HOUR OOTION, IF HE WOULD GIVE ME MORE THAN 10% VARIANCE FROM DISTRICT TO DISTRICT, WHICH WOULD ALLOW US A LITTLE MORE FLEXIBILITY TO ADDRESS THAT. AND HE SAID NO, HE WOULD NOT. BUT THAT IS —

I DIDN'T KNOW I HAD SO MUCH POWER.

THAT'S ONE OF OUR TOP CONCERNS IS THAT IN — AND THE REASON IT'S HAPPENING IS AGAIN BECAUSE WE'RE TRYING TO BALANCE THOSE TWO ISSUES OF CREATING GEOGRAPHICALLY REPRESENTATIVE COMPACT CONTINUOUS DISTRICTS WITH THE PHILOSOPHY OF OPTIMIZING VOTING STRENGTH FOR MINORITIES IN THE DISTRICTS. AND THOSE TWO WERE SORT OF COMING TO A POINT THERE, BUT I THINK THERE ARE SOME THINGS THAT WE CAN DO WITH THAT.

SLUSHER: OKAY. I UNDERSTAND ALL THE POINTS AND I AGREE WITH THEM, BUT I JUST WANT TO GET — AS WE TRY TO GET THERE, THAT'S GOING TO BE ONE OF MY CONCERNS, WHAT IT DOES TO THE CENTRAL SAWTH NEIGHBORHOODS BECAUSE — SOUTH NEIGHBORHOODS BECAUSE THOSE ARE — I DON'T KNOW WHAT'S THE RIGHT TERM, BUT I THINK THEY'RE COMMUNITIES OF INTEREST IN A COHESIVE AREA AND HAVE THIS THEM SPLIT IN THREE DISTRICTS TROUBLES ME SOMEWHAT. I THINK WE'LL HEAR THAT AS WE GO OUT TO HEAR FROM THE FOLKS TOO.

GOODMAN: MAYOR?

MAYOR GARCIA: MAYOR PRO TEM?

MAYORN: WHAT I'M GOING TO MENTION IS REVEILLE THE SAME AND ALSO A FEW OTHERS FROM NORTH OF THE RIVER HAVE ALSO WONDERED ABOUT THE SPLIT, ESPECIALLY IF WE'RE LOOKING FOR GEOGRAPHICAL REPRESENTATION AND SOME KIND OF UNITY FOR ISSUES THAT UNITE AN AREA. BUT I'LL GO BACK TO SOUTH FOR JUST A SECOND TOO, BUT WHAT IN ESSENCE HAS HAPPENED IS THAT CENTRAL HAS BEEN SPLIT DOWN THE MIDDLE, CENTRAL SOUTH, ESPECIALLY NOW I SUPPOSE IT'S MID SOUTH RATHER THAN FAR SOUTH. SO THAT TRADITIONALLY THE ISSUES AND CONDITIONS THAT HAVE DEFINED AN AREA WILL BE MET BY NEITHER THE WEST NOR THE EAST SECTORS THAT THEY'RE NOW A PART OF AND THEY WILL BE A VERY MINORITY VOICE I THINK WITHIN THE AREA THAT THEY'RE NOW A PART OF. SO IF THERE IS ANY PARTICULARS THAT YOU ARE THINKING OF RIGHT NOW THAT CAN BE BROUGHT TO PLAY, THEN ACTUALLY CONSIDERING THE ISSUES THAT ARE PART OF CENTRAL SOUTH THAT ARE NOT AT ALL THE KIND OF THINGS THAT ARE DEALT WITH BY SOUTH OR EAST, BUT ARE VERY DEFINITELY CENTRAL ISSUES.

IT'S A CHALLENGE THAT I'M EAGER TO GET TO, BUT IT'S GOING TO BE — IT GOING TO BE ONE OF THE TOUGHER — IT'S GOING TO BE ONE OF THE TOUGHER GOALS TO ACHIEVE.

I GUESS IN HAVING HEARD THAT NOW FROM TWO COUNCILMEMBERS, WHAT WE'LL DO IS WE WILL DO THE BEST WE CAN TO PRESENT SOME OPTIONS ON WHAT THAT MIGHT LOOK LIKE AND TRYING TO ADDRESS THAT WITH YOU IN THE INTERIM BETWEEN THIS AND THE NEXT MEETING THAT WE HAVE TO TALK ABOUT THIS.

AND ONE ISSUE THAT I THINK MITIGATES THIS SITUATION A LITTLE BIT AND WE HAVEN'T TALKED ABOUT IT MUCH IS THIS — THE UNDERLYING DEMOGRAPHIC LANDSCAPE IS IN CONSTANT FLUX. AND AGAIN, IF WE'RE ABLE TO LOOK A LITTLE BIT INTO THE FUTURE, WHICH NORMAL DISTRICTING DOES IN TERMS OF TOTAL POPULATION, IF WE COULD DO THAT IN TERMS OF ETDZ NISTY — AND WHAT I SIMPLY MEAN IS DISTRICTS TWO AND THREE WILL MORE LIKELY CONTINUE TO BECOME MORE LATINO, WHICH COULD — AGAIN, IT COMES BACK TO THIS DEEFATION FROM TOTAL IN THE TOTAL BALANCE. BUT I THINK THOSE THINGS ARE WORKING IN OUR FAVOR IN TERMS OF BRINGING THAT SOUTH CORE BACK TOGETHER.

MAYOR GARCIA: COUNCILMEMBER THOMAS?

THOMAS: I JUST COMMEND HIM AND LOOKING FORWARD TO WORKING WITH HIM. ESPECIALLY WHEN IT COMES DOWN TO TALKING ABOUT THE SOUTH END.

MAYOR GARCIA: I'LL ENTERTAIN A MOTION TO APPROVE THE DIRECTION OF THE MAP DEVELOPMENT PROCESS.

THOMAS: SO MOVE, MAYOR.

MAYOR GARCIA: MOTION BY COUNCILMEMBER THOMAS. SECONDED BY COUNCILMEMBER WYNN. FURTHER DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO. MOTION CARRIES ON A VOTE OF SEVEN TO ZERO. NOW WE GO TO THE BALLOT LANGUAGE. AND MR. STEINER? — WE'VE ALREADY APPROVED THIS ON FIRST AND SECOND READING.

THE BALLOT LANGUAGE IS THE CHARTER AMENDMENT PROVIDING FOR THE ELECTION OF EIGHT MEMBERS OF THE CITY COUNCIL FROM SINGLE-MEMBER DISTRICTS AND TWO MEMBERS OF THE CITY COUNCIL AND A MAYOR ELECTED FROM THE CITY AT LARGE. AS I UNDERSTAND IT, WE WANT TO SWITCH THESE FROM THE FOR AND AGAINST FORMAT TO THE YES AND NO FORMAT. SO WE WOULD GO TO SHALL THE CHARTER — EXCUSE ME.

MAYOR GARCIA: YOU'RE NOT HISPANIC. YOU'RE NOT SUPPOSED TO HAVE PROBLEMS. [ LAUGHTER ]

SHALL THE CITY CHARTER BE AMENDED TO PROVIDE FOR THE ELECTION OF EIGHT MEMBERS OF THE CITY COUNCIL FROM SINGLE-MEMBER DISTRICTS AND TWO MEMBERS OF THE COUNCIL AND A MAYOR FROM THE CITY AT LARGE?

MAYOR GARCIA: AND IT DOESN'T SAY ANYTHING ABOUT A TRANSITION PLAN 5?

THE BALLOT LANGUAGE DOES NOT. WE'LL NEED TO GET INTO THAT WHEN WE GET INTO APPROVAL OF THE TEXT OF MAYOR GARCIA: IS THERE A MOTION?

WYNN: SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN. THIS IS ON THE BALLOT LANGUAGE. IS THERE A A SECOND? I'LL SECOND THAT ONE. DISCUSSION?

SLUSHER: MAYOR? COULD I HAVE MR. STEINER READ IT ONE MORE TIME.

MAYOR GARCIA: MR. STEINER?

STEINER: SHALL THE CITY ER BE AMENDED TO PROVIDE FOR THE ELECTION OF EIGHT MEMBERS OF THE COUNCIL FROM SINGLE-MEMBER DISTRICTS AND TWO MEMBERS AND THE MAYOR FROM THE CITY AT LARGE?

SLUSHER: I THINK THAT'S FINE, BUT I CAN'T FIGURE OUT WHAT YOU'RE READING FROM. I HAVE THE — THIS ORDER OF CHARTER ITEMS FROM MARCH 22ND WITH THE BALLOT LANGUAGE AND THAT WAS WORKING FOR THE FIRST ONE, BUT IT DOESN'T SEEM TO WORK FOR THAT ONE.

I'M READING FROM ORDINANCE DRAFT NUMBER 15-A, PAGE 1, AND I WAS READING AT LINE 12.

SLUSHER: OKAY. I'VE GOT IT. I WAS ON 15 INSTEAD OF 15-A. THANK YOU.

MAYOR GARCIA: OKAY. FURTHER DISCUSSION? THIS IS ON THE BALLOT LANGUAGE. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO?

GRIFFITH: WITH ONE ABSTENTION.

MAYOR GARCIA: THAT'S ON A VOTE OF SIX TO ZERO TO ONE WITH COUNCILMEMBER GRIFFITH ABSTAINING. NOW WE GO TO THE CHARTER AMENDMENT ORDINANCE LANGUAGE, AND THAT WOULD INCLUDE THE TRANSITION PLAN 5. IS THERE A MOTION? COUNCILMEMBER WYNN?

WYNN: MOVE APPROVAL.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN. SECOND? I'LL SECOND IT. DISCUSSION?

[ INAUDIBLE ]

MAYOR GARCIA: TRANSITION PLAN 5, ROSIE, CAN YOU THROW IT UP ON THE SCREEN? THERE WE GO.

THIS IS WHAT TRANSITION NUMBER 5 LOOKS LIKE. THE THREE COUNCILMEMBERS ELECTED THIS MAY WILL SERVE THEIR FULL TERM. THE EIGHT COUNCILMEMBERS ELECTED FROM DISTRICTS WILL BE ELECTED IN MAY OF 2003 AND THE MAYOR WILL BE ELECTED IN MAY OF 2003. SO FOR THE FIRST — THEIR FIRST TERM, THEY WILL SERVE A TWO-YEAR TERM RATHER THAN A THREE-YEAR TERM. THEN IN MAY 2005, WHICH IS INDICATED BY THE RED LABEL, AT THAT POINT ALL OF THE — ONE OF THE AT LARGE SEATS WILL DROP OUT AND ALL OF THE COUNCILMEMBERS WILL BE ELECTED IN IEWN SON TO THREE — UNISON TO THREE YEAR TERMS FROM THEN ON. SO THERE WILL BE NO MORE TERM STAGGERING. EVERY THREE YEARS TWO COUNCILMEMBERS AT LARGE, EIGHT COUNCILMEMBERS FROM DISTRICTS AND A MAYOR WILL BE UP FOR THREE-YEAR TERMS. DURING THE TRANSITION PERIOD, FROM 2003 TO 2005 WE WILL HAVE A 12-MEMBER COUNCIL. DURING THAT PERIOD A COUNCIL WILL — A QUORUM OF THE COUNCIL WILL BE SEVEN. THEREAFTER THE QUORUM OF THE COUNCIL WILL BE SIX. OTHERWISE THE VOTES NECESSARY FOR VARIOUS THINGS WON'T CHANGE BECAUSE TWO-THIRDS AND THREE QUARTERS OF 11 AND SEVEN IS THE SAME. SO — BECAUSE YOU CAN'T HAVE PORTIONS OF A COUNCILMEMBER, WE HAVE TO ROUNDUP TO THE NEXT COUNCILMEMBER. SO THAT WILL — THAT WILL BE OUT IT WORKS. AS SHOWN ON THE GRAPHS. THE TRANSITION PROVIDES THAT PEOPLE WHO SERVE THE TWO-YEAR TERM WILL NOT BE SUBJECT TO A — THAT TWO-YEAR TERM WON'T BE COUNTED AGAINST THEM FOR PURPOSES OF THE TERM LIMIT PROVISION IF THE TERM LIMIT PROVISION SURVIVES THE CHARTER ELECTION.

WYNN: MAYOR? JUST AS A BRIEF INTRODUCTION, I WENT OVER MOST OF THIS, BUT I KNOW IT WAS NEW TO SOME COUNCILMEMBERS AT OUR LAST MEETING YESTERDAY OR DAY BEFORE. THE — I SEE THE OBVIOUS CONS OR THE TWO DISADVANTAGES OF TRANSITION NUMBER 5 IS ONE, FOR TWO YEARS THERE WILL BE 12 — THERE WILL BE ADDITIONAL AT LARGE COUNCILMEMBER, SO WE'RE PROBABLY LOOKING AT THAT SCENARIO IN MOST OTHER CASES. AND THEN SECOND IS THAT THE NEXT — THE MAY OF '03 ELECTION WILLD BE FOR A TWO-YEARR TERM VERSUS THREE. THE PROS HOWEVER I THINK ARE NUMEROUS. ONE IS THAT THE THREE COUNCILMEMBERS THAT GET ELECTED HERE IN A FEW WEEKS, MAY OF '02, THEY BEGAN THIS PROCESS THINKING THEY WERE RUNNING FOR A THREE-YEAR TERM. AND THEY WILL BE. IT WON'T BE CUT SHORT AND THERE WON'T BE ANY TYPES OF LOTS DRAWN AFTER THEIR ELECTED TO SEE IF ONE OR MORE DROP OFF OR THEY STAGGER. AND THEN THE FACT THAT IN '03 ALL CANDIDATES FOR THE DISTRICT RACES OR THE MAYOR WILL KNOW IN ADVANCE THEY WILL BE FOR A TWO-YEAR TERM, WHERE AS SOME N. SOME INSTANCES LIKE THE TEXAS STATE SENATE, YOU'RE ELECTED, BUT AFTER YOU'RE ELECTED YOU DRAW LOTS AND YOU SEE WHOSE TERM WILL GET CUT SHORT. AND IT SEEMS TO BE A LITTLE MORE FAIR TO KNOW IN ADVANCE AND IF SOMEONE WANTS TO NOT RUN IN '03 BECAUSE IT'S ONLY A TWO-YEAR TERM, THEN THAT'S THEIR CHOICE TO DO. BUT REALLY I THINK THE ONGOING ADVANTAGE IS PRETTY DRAMATIC. AND THAT IS BEGINNING IN MAY OF '05, ALL THE SEATS ARE ELECTED AT THE SAME TIME. IT LOOKS — IT'S SLIGHTLY DECEIVING, AND KEEP IN MIND THAT WITH THIS MIXED SYSTEM, EVERY CITIZEN WILL ONLY BE VOTING FOR FOUR PLACES. THEY'RE VOTING FOR THE MAYOR, BOTH OF THE AT LARGE COUNCILMEMBERS AND THEIR ONE DISTRICT REP. SO YOU WON'T BE VOTING FOR 11 PLACES. IT WON'T BE A VERY CUMBERSOME — IN FACT, IT WILL BE EXACTLY WHAT WE DO TODAY. WE'RE SPLIT UP FOUR AND THREE, SO OUR CITIZENS ARE USED TO VOTEDDING FOR EXACTLY FOUR COUNCIL PLACES AT ONE TIME AND IT SORT OF CONTINUES THAT TRADITION. BUT AT THE SAME TIME IT HAS THE ENTIRE CITY RUNNING ELECTIONS AT THE SAME TIME, AND I ACTUALLY THINK IT'S GOING TO INSPIRE MORE INTEREST IN THE RACES. IT WILL BE A BIG RACE. IT WILL BE LIKE A NOVEMBER — A GENERAL ELECTION IN NOVEMBER IN THAT PEOPLE JUST KNOW HERE COMES A BIG RACE. DIDN'T I JUST VOTE FOR SOME OF THESE COUNCILMEMBERS LAST YEAR? DO I VOTE AGAIN NEXT YEAR? IT'S JUST GOING TO BE A MORE INCLUSIVE, MORE SORT OF DRAMATIC IN THAT SENSE ELECTION. BUT THEN I DO WANT TO STRESS ON THE FINANCIAL ISSUE IS THAT IT DOES COST US A MILLION DOLLARS A YEAR FROM OUR GENERAL FUND EACH TIME — EACH ELECTION YEAR. THAT IS, WE SPEND HALF A MILLION DOLLARS ON AN ELECTION AND ANOTHER HALF A MILLION DOLLARS IN THREE WEEKS ON THE RUNOFF. SO THE SPENT WE SPEND A MILLION DOLLARS EVERY THREE YEARS, VERSUS A TWO MILLION DOLLARS EVERY THREE YEARS, THEN I'M ALL FOR GIVING OUR PARKS DEPARTMENT ANOTHER MILLION DOLLARS EVERY THIRD YEAR.

[ONE MOMENT, PLEASE, WHILE CAPTIONERS CHANGE]

TO TRY TO STIR UP INTEREST IN THE GENERAL ELECTION, HALF OF YOUR REGISTERED VOTERS, OVER 200,000 PEOPLE IN AUSTIN'S CASE, CAN ONLY VOTE FOR ONE RACE, IT'S GOING TO BE NOT UNLIKE WHEN WE HAVE A RUNOFF ELECTION FOR A SINGLE PLACE. IN MAY OF 2000 WHEN THE THREE OF US MOST RECENTLY CAME ON THE DAIS, THERE WAS AN ELECTION IN EARLY MAY APPEAR THEN ONE PLACE HAD A RUNOFF. WE HAD ESSENTIALLY THE ENTIRE CITY VOTING FOR ONE PLACE AND WE SAW DRAMATIC DROPOFF. I UNDERSTAND THERE WAS A RUNOFF, THAT ALWAYS PLAYS INTO IT. BUT TO HAVE THAT BIG AN EFFORT AND EXPENSE FOR — FOR, YOU KNOW, HUNDREDS OF THOUSANDS OF REGISTERED VOTERS JUST TO VOTE FOR ONE PLACE OUT OF 11 ON THE DAIS SEEMS TO ME TO BE — TO BE INEFFICIENT AND WASTEFUL. FRANKLY IF I WERE TO RUN FOR REELECTION, I'M UP IN MAY OF 2002, I THINK ACTUALLY — [INAUDIBLE] THAN THE SYSTEM OF DRAWING LOTS, THAN TO MAKE THE CURRENT 3 COUNCILMEMBERS CUT THEIRS SHORT. AND JUST PLAYS FOR A MORE EFFICIENT LONGER TERM DON'T INSTITUTE................TINUITY OF HOW WE ELECT OUR COUNCIL.

GOODMAN: MAYOR?

MAYOR GARCIA: MAYOR PRO TEM?

GOODMAN: I WANTED TO NOTE A FEW DOWN SIDES JUST TO MAKE SURE BECAUSE I DON'T THINK I CAN VOTE FOR THIS JUST BECAUSE I REMEMBER — I REMEMBER SOME OLD — SOME OLD WHAT DID THE MAYOR CALL IT, FRUIT BASKET TURNOVERS.

MAYOR GARCIA: FRUIT BASKET TURNOVERS.

GOODMAN: ALTHOUGH I THINK THAT ALL OF YOUR POINTS, WILL, ARE WELL TAKEN, I JUST WANTED TO THROW IN FOR THE PRACTICAL SIDE OF THINGS WHAT USED TO HAPPEN, WHICH MIGHT AGAIN, MAYBE ACTUALLY TO BACK UP FOR JUST A SECOND, WHAT WE SHOULD HAVE THOUGHT ABOUT IN THESE DISCUSSIONS IS — IS SOMETHING ABOUT THE TERM OF THE MAYOR AND I KNOW THAT CAME UP, BUT WE DIDN'T PURSUE IT. I DON'T KNOW IF THE MAYOR RAN FOR FOUR YEAR TERMS, IF THAT WOULD ALTERNATE THEN WHICH — FOR AN ALTERNATING NUMBER OF COUNCIL PLACES IF THAT WOULD MAKE THE MAYOR COME UP WITH A DIFFERENT FOUR EACH TIME OR ANYWAY, WHAT HAVE YOU. WHAT USED TO HAPPEN FOR ALL PRACTICAL PURPOSES THERE WAS ABOUT A SIX TO EIGHT MONTH TIME PERIOD WHERE GOVERNMENT WAS NOT REALLY VERY EFFICIENT OR EFFECTIVE BECAUSE THE FIRST THING WAS DURING CAMPAIGN TIMES COUNCILMEMBERS WERE A LITTLE DISTRACTED BECAUSE THEY WERE BEING CALLED AROUND THE CITY TO VARIOUS FORUMS AND DEBATES AND YOU WOULD BE AMAZED AT HOW MANY PEOPLE THAT ARE INTERESTED IN CITY COUNCIL ELECTIONS THAT SCHEDULE THINGS FOR THURSDAY BECAUSE IT HASN'T REALLY CONNECTED THAT THURSDAY IS A DAY THAT IT'S REALLY DIFFICULT FOR A COUNCILMEMBER TO GO OUT INTO THE WORLD AND DO THINGS. THEN THERE WAS THE NATURAL INCLINATION TO SHY AWAY FROM CONTROVERSIAL THINGS DURING THAT PERIOD BECAUSE YOU JUST DON'T HAVE TIME TO EFFECTIVELY DEAL WITH IT, IF NOT FOR ANY OTHER MOTIVATION. STAFF ALSO KNOWS THAT THEY COULD EASILY BE PUT ON HOLD FOR CONTROVERSIAL ISSUES, SO A LOT OF THEM DON'T EVEN REALLY COME UP FOR — FOR CONSIDERATION BECAUSE STAFF IS — IS PRETTY MUCH ON NOTICE THAT THEY ARE NOT GOING TO GET TO IT TONIGHT. SO THEN AFTER THE ELECTIONS, ESPECIALLY IF YOU HAVE ONE OF THOSE FRUIT BASKET TURNOVERS, YOU HAVE CONSIDERABLE LEARNING PERIOD AND IF YOU ARE GOING TO HAVE, FOR INSTANCE, IF WE KEEP TERM LIMITS, FOR INSTANCE, AND THEN YOU ADD THAT TO THE — TO THE TURNOVER, YOU COULD HAVE ALREADY, I THINK THAT THERE IS GOING TO BE A PERIOD WHERE — WRP A VERY SIGNIFICANT ORIENTATION — WHERE A VERY SIGNIFICANT ORIENTATION PERIOD WILL HAVE TO BE SORT OF A LEARNING CURVE FOR THE NEW ONE. SO I DON'T WANT TO TAKE AWAY FROM ANY OF THE POINTS THAT I THINK ARE VERY LEGITIMATE THAT YOU MADE. BUT I DO WANT TO TELL YOU WHAT I REMEMBER FROM THE OLD DAYS, WHICH WAS IF YOU WANTED SOMETHING DONE DURING ONE OF THOSE— THOSE CAMPAIGNING LEARNING PERIODS, IT WAS PRETTY FRUSTRATING TO TRY TO COME TO COUNCILMEMBERS BECAUSE THEY DIDN'T KNOW THE SYSTEM YET AND EVEN WITH THE BEST INTENTIONS IN THE WORLD FOR THEM TO WANT TO HELP YOU DO SOMETHING, IT WOUND UP NOT GETTING DONE FOR SOME TIME. JUST TO CONSIDER.

SLUSHER: MAYOR?

MAYOR GARCIA: COUNCILMEMBER SLUSHER?

SLUSHER: YEAH. I'VE — THE FRUIT BASKET TURNOVER THAT YOU COINED OR APPLIED TO THIS, I THINK BESIDES BEING RATHER HUMOROUS, I THINK THAT WAS A CONCERN — I HAD THAT CONCERN, TOO. THAT WOULD HAVE BEEN PARTICULARLY CONCERNED — OF CONCERN IF ALL 11 SEATS WERE UP NEXT YEAR IN '03. I JUST THINK THAT WOULD HAVE BEEN DISRUPTIVE. ON CITY GOVERNMENT. I CAN SEE, THOUGH, A NUMBER OF ADVANTAGES THIS WAY. FOR INSTANCE, THE — YOU WOULDN'T HAVE — THE OTHER SIDE OF THE FRUIT BASKET TURNOVER IS WITH THE STAGGERED TERMS YOU HAVE ELECTIONS TWO OUT OF EVERY THREE YEARS. AND THE MAYOR PRO TEM SAID SOMETIMES COUNCILMEMBERS ARE DISTRACTED DURING ELECTIONS OR I MEAN SOMETIMES EVEN IT MAKES IT HARDER TO GOVERN SOMETIMES DURING ELECTION BECAUSE COUNCILMEMBERS ARE UP FOR OFFICE. I WILL JUST — JUST PUT IT LIKE THAT MAYBE. IF THAT HAPPENS SOMETIMES, NOT NECESSARILY RIGHT NOW OR ANYTHING. AND — SO YOU WOULD HAVE THAT ONLY GOING ON ONE OUT OF THREE YEARS INSTEAD OF TWO OUT OF EVERY THREE. AND — AND THEN I THINK THAT YOU WOULD HAVE LESS LIKELIHOOD OF A — OF A — OF A BIG FRUIT BASKET TURNOVER IN THE NUMBER IN THE SEATS WITH DISTRICTS THAN WITH CITY-WIDE. PLUS IF YOU HAD IT WITH SEVEN MEMBERS, THEY ARE ALL RUNNING CITY-WIDE, THEN YOU HAVE — IT WOULD BE ONE WAY OR THE OTHER. YOU ARE MUCH MORE LIKELY TO GET ALL NEW COUNCILMEMBERS OR A MASSIVE OVERHAUL OF THE SYSTEM. THIS WAY YOU WILL 8 DIFFERENT ELECTIONS IN THE DISTRICTS AND SO YOU COULD HAVE — HAVE SEATS CHANGE A LITTLE BIT — I THINK IT WOULD BE A LITTLE MORE LIKE THE CONGRESS. I'M NOT SAYING THAT JUST BECAUSE CONGRESSMAN PICKLE IS HERE. LIKE THEY ARE ELECTED EVERY TWO YEARS, THE SENATE IS ELECTED EVERY — THE CONGRESS HAS TERMS THAT TURNS OVER EVERY TWO YEARS. BUT YOU DON'T SEE THE WHOLE BODY BEING SWEPT OUT, YOU SEE THE CHANGES IN THE PARTIES, ONE MIGHT TAKE BACK OVER THE MAJORITY OR ONE WOULD GAIN MORE SEATS, BUT YOU SELDOM SEE A HUGE TURNOVER. THEN WITH US HAVING THE MIXED SYSTEM, AND I THINK THIS IS REALLY IMPORTANT, TOO, WITH HAVING THE MIXED SYSTEM, WITH TWO AT LARGE, THOSE TWO AT LARGE WOULD ALWAYS BE UP FOR ELECTION AND UNDER STAGGERED TERMS THE TWO AT LARGE WOULD ALWAYS BE UP FOR ELECTION AT THE SAME TIME AS FOUR OF THE DISTRICTS, THE SAME FOUR EVERY TIME, SO THAT WOULD — SO IT'S LIKELY THAT THE TURNOUT IN THOSE DISTRICTS WOULD BE — TURNOUT IN THE DISTRICTS WHERE THERE'S A DISTRICT ELECTION THAT YEAR WOULD PROBABLY BE HIGHER THAN THE TURNOUT IN THE FOUR WITHOUT A DISTRICT ELECTION, SO THAT TO ME COULD GIVE AN UNEVEN EFFECT ON THE AT LARGE REPRESENTATIVES FROM THE FOUR DISTRICTS THAT HAVE DISTRICT ELECTIONS, THE SAME YEAR AS THE — AS THE — AS THE AT LARGE ELECTION. SO I THINK THOSE ARE SOME ADVANTAGES OF — OF DOING THIS — DOING IT THIS WAY. I CAN'T — I CAN SUPPORT THAT AND THINK THAT WOULD BE A GOOD SYSTEM.

MAYOR GARCIA: THE TERM FRUIT BASKET TURNOVER WAS NOT COINED BY ME. IT WAS COINED AT A TIME WHEN I WAS YOUNGER AN YOU GUYS WERE IN ELEMENTARY SCHOOL. IT WAS REALLY A FEAR THAT COUNCILS HAD DURING THE TIME THAT THERE WERE TWO YEAR TERMS AND FIVE COUNCILMEMBERS, IT WAS EASY FOR THE CITY TO CHANGE EVERYBODY AT THE SAME TIME. BUT THIS 8-2-1, IT'S VERY DIFFICULT FOR ANY GROUP IN THE CITY TO — TO TAKE THE FULL COUNCIL OUT BECAUSE THERE'S 8 DIFFERENT AREAS FROM WHERE PEOPLE ARE GOING TO BE ELECTED. SO THIS WORKS IN THIS CONFIGURATION. FURTHER DISCUSSION?

SLUSHER: BOTH HE AND I WERE SAYING FIVE WORKS, I THINK.

MAYOR GARCIA: YEAH. FURTHER DISCUSSION? THIS IS FOR THE CHARTER AMENDMENT ON THE ORDINANCE LANGUAGE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

GRIFFITH: WHOA.

MAYOR GARCIA: WHOA. COUNCILMEMBER ALVAREZ?

ALVAREZ: FOLLOWING UP ON WHAT THE MAYOR PRO TEM SAID AND I GUESS SHE WAS JUST — SHE WAS JUST EXPLAINING THE PROS AND CONS OF BOTH SIDES TO A CERTAIN DEGREE. BUT — BUT — BUT I TEND TO FAVOR THE TRANSITION NUMBER 4, WHICH DOES HAVE THE STAGGERED TERMS AND DOESN'T HAVE ALL OF THE 11 POSITIONS UP AT ONCE. AND I MEAN IT'S ACTUALLY — YOU KNOW, IF YOU LOOK AT WHAT THE ELECTIONS OCCUR, THEY WOULD OCCUR AT THE SAME TIMES, BUT THEY WOULD OCCUR UNDER THE CURRENT SYSTEM, I THINK THE ELECTORATE IS USED TO THAT SYSTEM SINCE IT'S BEEN IN PLACE SINCE '85. AND IF YOU COMPARE TRANSITION 4 TO TRANSITION 5, YOU KNOW, THERE'S ONLY ONE EXTRA ELECTION, SO AT LEAST IN THAT PERIOD YOU ARE SPENDING 4 MILLION INSTEAD OF 3 MILLION, BUT I REALLY THINK THAT SPECIALLY TRYING TO FIGURE OUT WHERE CANDIDATES IN 11 RACES STAND ON PARTICULAR ISSUES, IT'S GOING TO BE REALLY DIFFICULT TO DO FOR 11 RACES. IF YOU ARE MORE ISSUE ORIENTED RATHER THAN GEE GREAFKCAL ORIENTED. TO ME I — GEOGRAPHICALLY ORIENTED. TO ME I THINK THAT'S THE DRAWBACK, YOU WON'T BE ABLE TO GET AS EDUCATED IN TERMS OF WHERE ALL OF THE CANDIDATES STAND FOR THAT REASON I TEND TO SUPPORT THE TRANSITION 4 AND IT DOES APPEAR TO FOLLOW THE EXISTING TIME LINE IN TERMS OF THE ELECTION. THE ELECTION DATE THAT YOU CURRENTLY HAVE, TWO ON, ONE OFF, TWO YEARS, ONE YEAR WITHOUT AN ELECTION, SO — SO I WOULD LIKE TO HEAR I GUESS WHAT SOME OTHER FOLKS THIS, BUT LET'S JUST MAKE THAT FEELING.

MAYOR GARCIA: YOU ARE NOT PROPOSING THAT IN THE FORM OF AN AMENDMENT, RIGHT?

GRIFFITH: MAYOR?

MAYOR GARCIA: COUNCILMEMBER GRIFFITH.

GRIFFITH: YES. I WOULD LIKE TO ALSO HOPE THAT WE WILL CONSIDER THE OPTION 4. IT SEEMS TO HAVE ALL OF THE ADVANTAGES OF 5 AND NOT THE DISADVANTAGES. IT HAS — HAVING A LOT OF PEOPLE RUN AT ONE TIME IS NOISY IN TERMS OF TRYING TO UNDERSTAND WHAT ANYBODY IS SAYING. THAT'S WHY I THINK FOUR IS A BETTER CHOICE THAN FIVE. THERE ARE NO CLIFFS. TO FALL OFF OF.

MAYOR GARCIA: YOU ARE NOT — YOU ARE NOT MAKING THAT IN THE FORM OF AN AMENDMENT, ARE YOU? ARE YOU?

GRIFFITH: I WOULD, IF I THOUGHT THAT I COULD GET A SECOND.

MAYOR GARCIA: YOU CAN GET A SECOND, BUT I WAS GOING TO ASK THE MAKERS OF THE MOTION IF THEY WILL CONSIDER THAT FRIENDLY.

WYNN: NO I DON'T, MAYOR.

MAYOR GARCIA: OKAY. THERE IS A WAY TO — FOR YOU TO MAKE THAT INTO AN AMENDMENT, I AM SURE THERE WILL BE A SECOND BECAUSE THERE WAS A FELLA ON THE OTHER SIDE OF ME THAT WAS TALKING IN FAVOR OF FOUR.

GRIFFITH: I WOULD MAKE THE MOTION THAT WE USE FOUR.

MAYOR GARCIA: OKAY, THERE'S A MOTION AND A SECOND FOR FOUR.

THOMAS: I WILL SECOND.

SLUSHER: OKAY.

THOMAS: BECAUSE I DIDN'T GET TO DISCUSS ANYTHING —

SLUSHER: COUNCILMEMBER ALVAREZ APPEALED FOR MORE DISCUSSION, SO I JUST WANTED TO ANSWER SOMETHING HE SAID THE WAY I SEE IT. WHICH IS THAT IN THE — ONE THING, THERE'S NOT GOING TO BE 11, THERE WILL BE 11 ELECTIONS, BUT AS CHIP HAS REPORTED, POINTED OUT SEVERAL TIMES, PEOPLE WILL BE VOTING ON 4 ELECTIONS. THEY WILL BE VOTING ON THE MAYOR, TWO AT LARGE, AND THEIR DISTRICT REPRESENTATIVE. SO I THINK PEOPLE WILL BE ABLE TO FOLLOW THAT. THEY WON'T HAVE TO FOLLOW THE ISSUES IN 11 SEPARATE ELECTIONS. I THINK, YOU KNOW, VOTERS PROBABLY COULD FOLLOW 11 SEPARATE ELECTIONS. WE HAVE THAT MANY ON THE BALLOT MANY TIMES IN THE — NOT IN THE CITY COUNCIL ELECTIONS, BUT ON THE OTHERS. SOMETIMES CITY COUNCIL ELECTIONS HAVE A LOT OF PROPOSITIONS ON THEM. BUT I JUST THINK THIS COULD WORK, YOU WOULD HAVE — SOMETIMES THE ISSUES WOULD BE A LOT OF SAME, ESPECIALLY IN THE AT-LARGE, THE DISTRICTS MIGHT BE A LITTLE BIT DIFFERENT, BUT I SEE IT — I REALLY THINK THIS — WHEN I'M BECOMING MORE AND MORE CONVINCED, THIS WOULD BE A REALLY SOUND EXERCISE IN DEMOCRACY BECAUSE YOU WOULD HAVE EVERYBODY — I THINK IT MIGHT INCREASE THE VOTER TURNOUT WHICH WOULD HELP ELECTIONS BECAUSE YOU WOULD HAVE IT ALL OVER THE CITY. THREE PEOPLE STANDING AT LARGE THROUGHOUT THE CITY, THE MAYOR AND TWO COUNCILMEMBERS, THEN YOU HAVE EVERYONE GETTING TO ELECT THEIR DISTRICT REPRESENTATIVE. SO — SO I THINK THAT'S GOING TO INCREASE INTEREST AND YOU INCREASE INTEREST, MORE PEOPLE ARE GOING TO UNDERSTAND WHAT'S GOING ON. SO I THINK THAT ANSWERS THE CONCERN ABOUT FOLLOWING, HAVING TO FOLLOWING 11 ELECTIONS AND EVERYBODY GETS THEIR CHOICE ON FOUR EVERY THREE YEARS. THEN WE GET THE COUNCIL ELECTED AT THAT TIME GETS DOWN TO GOVERNING THE CITY AND YOU DON'T HAVE ANOTHER ELECTION FOR THREE YEARS.

MAYOR GARCIA: FURTHER DISCUSSION?

WYNN: YES, MAYOR PRO........... MAYOR. I HAVE SOME QUESTIONS I GUESS FOR THE SUPPORTERS OF TRANSITION FOUR. YOU SAY THERE'S NO DISADVANTAGES COMPARED TO 5. TRANSITION 4 IN MAY OF 2003 ALL 8 DISTRICT REPS ARE UP FOR ELECTION, YET FOUR OF THEM WILL BE FOR TWO-YEAR TERMS, FOUR OF THEM WILL BE THERE FOR THREE-YEAR TERMS. YOU DON'T SEE A DISADVANTAGE IN THAT? HOW TOO YOU PROPOSE THAT WE DETERMINE WHICH FOUR DISTRICT REPS ONLY GET TWO YEAR TERMS, WHICH FOUR GET THREE YEAR TERMS?

ALVAREZ: I BELIEVE YOU MENTIONED —

WYNN: I AM ASKING THE MAKER OF THE SUBSTITUTE MOTION COUNCILMEMBER, THANK YOU.

GRIFFITH: I WOULD LIKE TO ASK THE SECOND WHAT HE THINKS ABOUT THAT. I THINK THAT'S AN EXCELLENT QUESTION. [ LAUGHTER ].

ALVAREZ: I THINK THAT — AT SOME POINT DURING THIS DISCUSSION OF SINGLE-MEMBER DISTRICTS WE HAD TALKED ABOUT THE WAY THE SENATE DOES IT AT THE STATE LEVEL, WHERE THEY PICK OUT OF LOTS OR SOMETHING.

MAYOR GARCIA: DRAWING LOTS.

ALVAREZ: DRAWING BY LOTS WHO HAS, YOU KNOW, DIFFERENT TIME PERIODS FOR THEIR TERMS. THAT'S — I THINK THE WAY WE HAD BEEN TALKING ABOUT DOING THE DISTRICTS 1 THROUGH 8 UNDER TRANSITION 4. BUT THERE IS THAT ELEMENT OF UNCERTAINTY WHEN YOU ARE RUNNING WHETHER, YOU KNOW, YOU ARE GOING TO HAVE TO YOUR TWO-YEAR TERM OR YOUR THREE-YEAR TERM. SO THAT IS — I GUESS ONE COULD SAY THAT IS A DRAWBACK. BUT UNDER TRANSITION 5 YOU DO HAVE EVERYBODY WITH TWO-YEAR TERMS. SO YOU ARE SHORTENING 8 — TERMS FOR EIGHT DISTRICTS INSTEAD OF FOUR DISTRICTS. I'M NOT SURE. BUT I THINK, YOU KNOW, THERE'S OTHER EXAMPLES OF STAGGERING TERMS THAT WE MIGHT EMPLOY.

GRIFFITH: YES. AND THERE'S — YOU DO A COST BENEFIT ANALYSIS AND NONE OF THEM IS GOING TO BE PERFECT. BUT IN LOOKING AT THE — THE ON BALANCE, THE STRESSES OF 4 AND 5 ARE DIFFERENT. THERE IS THE — HOW ARE YOU GOING TO DO THOSE TWO YEAR THINGS. I WOULD RATHER WORK THROUGH THAT AND NOT HAVE ALL THAT RACKET GOING ON WITH — WITH 11 CAMPAIGNS GOING ON AT ONE TIME. I DON'T THINK ANYBODY WOULD BE ABLE TO UNDERSTAND MUCH OF ANYTHING OR WHO PEOPLE WERE. I THINK IT'S IMPORTANT TO — TO NOT HAVE THAT HAPPEN.

WYNN: WELL, THAT'S —ANCE TO THAT QUESTION, I HAPPEN —

SLUSHER: COUNCILMEMBER, COULD I — I WANT TO ANSWER SOMETHING ON THAT BEFORE YOU GO ON TO THE NEXT WITHIN, IF YOU DON'T MIND. COUNCILMEMBER, YOU DON'T REALLY BELIEVE THAT — THAT HAVING 11 ELECTIONS WOULD JUST BE A BUNCH OF RACKET, DO YOU? TO ME THAT'S AN EXERCISE IN DEMOCRACY. THAT'S ONE OF THE FUNDAMENTAL THINGS IN OUR COUNTRY. TO — I JUST DON'T THINK ELECTIONS ARE A RACKET AND I THINK THAT PEOPLE WOULD — WOULD BE ABLE TO FOLLOW 11 ELECTIONS AND THEY WOULD ONLY HAVE TO FOLLOW FOUR, BUT I THINK THEY WOULD PROBABLY BE CONCERNED ABOUT THE OTHER DISTRICTS AND COULD KEEP UP WITH THAT. SO I JUST HAVE TO REALLY STRONGLY DISAGREE WITH THAT POINT.

GRIFFITH: WELL, THE PROBLEM WOULD BE TO —

MAYOR GARCIA: LET ME SEE IF I CAN TAKE CONTROL OF THIS MEETING.

GRIFFITH: I'M SORRY, OKAY. [ LAUGHTER ].

MAYOR GARCIA: I THINK COUNCILMEMBER WYNN WAS FIRST AND THEN YOU.

GRIFFITH: OKAY.

WYNN: ESSENTIALLY I HAD A SERIES OF QUESTIONS FOR THE MAKER OF THE MOTION TO DO TRANSITION NUMBER 4, THIS WAS THE FIRST QUESTION, THAT WAS THE FIRST QUESTION, RATHER. I HAVE ANOTHER ONE, BUT I WILL LET —

MAYOR GARCIA: OKAY, COUNCILMEMBER.

WYNN: SO APPARENTLY THE MAKER BELIEVES THAT IT'S MORE FAIR FOR SOMEBODY TO RUN FOR ELECTION, SPEND A LOT OF MONEY, TIME, EFFORT, IMPOSITION ON THEIR FAMILIES, ET CETERA, NOT KNOW IN ADVANCE HOW LONG THEIR TERM IS GOING TO BE IN TERMS OF KNOWING IN ADVANCE. I THINK IT WOULD BE MORE FAIR TO KNOW IN ADVANCE THE LENGTHS OF YOUR TERM. LET'S GO TO MAY OF 2006 UNDER TRANSITION NUMBER 4. YOU HAVE THE MAYOR RUNNING AND DISTRICT REPS IN FOUR OF THE 8 SEATS. SO HALF OF THE CITY, 210,000 REGISTERED VOTERS, THE CITY OF AUSTIN WILL RUN A GENERAL ELECTION CAMPAIGN, GENERAL ELECTION, MAY OF 2006, HALF OF OUR REGISTERED VOTERS CAN ONLY VOTE FOR ONE PLACE OUTS OF 11 ON THE DAIS, AT THE COST OF A MILLION DOLLARS.

GRIFFITH: I'M GLAD YOU MENTIONED MONEY.

MAYOR GARCIA: OKAY. COUNCILMEMBER, DO WE HAVE A 5:30 TIME CERTAIN? WE HAVE THE — THE HONORARY MAYOR HERE, SHE'S WAITING. CAN WE —

WYNN: I WOULD BE HAPPY TO TABLE THIS, MAYOR.

MAYOR GARCIA: CAN WE TABLE THIS FOR A MINUTES. WE WILL GET BACK TO IT. BUT WE HAVE ONE ITEM THAT — THAT WE DISCUSSED IN EXECUTIVE SESSION AND THAT'S ITEM NO. 21, IN A..... THAT WE CAN SETTLE BECAUSE THERE ARE PEOPLE HERE FROM SOUTHWESTERN BELL THAT HAVE TO LEAVE SOMEPLACE. I WILL ENTERTAIN A MOTION FOR A SETTLEMENT FOR $60,000, IS THERE A MOTION.

THOMAS: SO MOVE.

MAYOR GARCIA: MOTION BY COUNCILMEMBER THOMAS. SECONDED BY THE MAYOR PRO TEM.

GOODMAN: SECOND.

MAYOR GARCIA: DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. WE ARE GOING TO RECESS THE MEETING. GOING TO PROCLAMATIONS, WE HAVE A WONDERFUL YOUNG LADY HERE, IF YOU CAN BRING HER UP, SHE CAN INTRODUCERS AND THE COUNCIL CAN WELCOME HER. THAT'S A MIC RIGHT THERE, TELL US YOUR NAME APPEARED WHERE YOU COME FROM.

HI, I'M CARA, AND I COME FROM DOSS ELEMENTARY. [ APPLAUSE ]

MAYOR GARCIA: I'M — [ APPLAUSE ]

MAYOR GARCIA: AND YOU'RE THE MAYOR FOR TODAY, RIGHT?

RIGHT. [ LAUGHTER ].

MAYOR GARCIA: RIGHT, OKAY! THANK YOU SO MUCH. WE ARE GOING TO RECESS INTO EXECUTIVE SESSION AND FOR DINNER. I WILL ANNOUNCE THAT — THAT THE ITEMS THAT WE WILL BE DISCUSSING DURING EXECUTIVE SESSION ARE UNDER SECTION 55.— 551.072, REAL PROPERTY, ACQUISITION OF GREEN WAY AND PARKS FROM THE NOVEMBER 1998 BOND ELECTION AND ITEM 4, DISCUSS ACQUISITION OF INTEREST IN REAL PROPERTY AND THAT'S FOR SCHOOL OF THE DEAF — I MEAN IN THE SCHOOL OF THE DEAF SOUTH CAMPUS. WE ARE RECESSED. AND IS OUR MUSICIAN HERE?

UH-HUH.

THE MAYOR CAN INTRODUCE THE MUSIC. IF WE CAN SET UP.

JAM-A-THON IS A MUSIC —

MAYOR GARCIA: JUST A SECOND, HOLD IT, MAYOR. I HAVE NEVER GIVEN ORDERS TO A MAYOR BEFORE. I'M ENJOYING THIS. [ LAUGHTER ]. LET'S WAIT TO SEE IF THEY CAN SET UP AND THEN YOU CAN INTRODUCE THEM.

I'M GOING TO INTRODUCE THE MUSICIANS NOW.

MAYOR GARCIA: ALL RIGHT. [ APPLAUSE ]

JAM-A-THON IS A MUSIC FESTIVAL AND TALENT SEARCH FOR YOUNG MUSICIANS STATE-WIDE. TODAY WE HAVE TAY, WHO WILL BEGIN WRITING AND RAPPING IN — WHO BEGAN WRITING AND RAPPING IN 1996 AFTER LOSING HIS MOTHER TO AIDS, BIG DIP IS 23-YEAR-OLD NATIVE AUSTINITE WHO WILL BEGIN HIS MUSICAL CAREER IN 1992. AND DJAMES, A WELL ROUNDED MUSICIAN, SINGER, RAPPER, SONG WRITER, PRODUCER AND COMPOSER. THE FIRST JAM-A-THON STATE-WIDE FINAL COMPETITION CONCERT AND FESTIVAL WAS HELD HERE IN AUSTIN, TEXAS LAST WEEK. TODAY IS A SAMPLING OF WHAT FANS HEARD AT FIESTA GARDENS ON MARCH 16TH. SO PLEASE WELCOME TAY, BIG DIP AND DJAMES. [ APPLAUSE ] [ (music) MUSIC PLAYING (music)(music) ] (SINGING) RAPPING) (RAPPING/SINGING) (music)(music) [ APPLAUSE ]

NOT QUITE CLEAR ON WHERE WE ARE GOING TO BE PURCHASING NEXT. BUT WE WILL LET YOU KNOW. AND IT WILL BE PUT OUT THERE AND JUST HOPE THAT THE CITY SUPPORTS US, WE ARE JUST TRYING TO DO SOMETHING POSITIVE. THE MUSIC INDUSTRY HERE IN AUSTIN WILL LET YOU KNOW THAT THERE'S A LOT OF PEOPLE AND A LOT OF KIDS OUT HERE, JAM-A-THON IS ALSO A TALENT COMPETITION. WE PARTICIPATED THIS YEAR AND EVERY YEAR WE DO, WE HOPE THAT EVERYBODY COMES OUTS AN SUPPORTS IT, SUPPORTS AUSTIN YOUTH AND THEIR LOCAL TALENT. LIKE THIS YOUNG LADY RIGHT HERE. [ LAUGHTER ]. [ APPLAUSE ]

MAYOR GARCIA: BE IT KNOWN THAT — SHE'S GOING TO READ THE REST.

WHEREAS SCIENCE FESTIVAL 2002 WILL SHOWCASE THE TALENT OF MORE THAN — MORE THAN 1,000 PREKINDERGARTEN THROUGH HIGH SCHOOL AGE STUDENTS FROM PUBLIC AND PRIVATE SCHOOLS IN CENTRAL TEXAS, AND WHEREAS SCIENCE FAIRS LIKE SCIENCE FESTIVAL 2002 ARE ENTERTAINING AND EDUCATIONAL EVENT THAT ALSO HELP — RIGHT THERE.

MAYOR GARCIA: POPULARIZE SCIENCE AND INTERESTS —

CHILDREN AND —

MAYOR GARCIA: PURSUING.

PURSUING SCIENCE, MATH AND ENGINEERING CAREERS; AND WHEREAS THE — THE WE CONGRATULATE THE — THE PARTICIPANTS, ESPECIALLY THOSE WHOSE WINNING PROJECTS WILL GO ON TO STATE AND INTERNATIONAL COMPETITIONS. AND WE THANK AUSTIN ENERGY, OUR COMMUNITY OWNED —

MAYOR GARCIA: LEAK UTILITY — OWE ELECTRIC UTILITY.

ELECTRIC UTILITY.

FOR SPONSORING THIS EVENT THREE YEARS IN A ROW.

I THEREFORE —

MAYOR GARCIA: GUS GARCIA.

AND YOU.

MAYOR, AND CARA WHITLEY MAYOR OF THE CITY OF AUSTIN, TEXAS DO HERE BY PROCLAIM MARCH 22ND TO 23RD, 2002 AS AUSTIN AREA SCIENCE FESTIVAL 2002 DAYS IN AUSTIN. [ APPLAUSE ]

THANK YOU, MAYOR. THANK YOU, MAYOR GUS AND THANK YOU MAYOR, CARA. WE ARE VERY HAPPY TO HAVE THE AUSTIN AREA SCIENCE FESTIVAL 2000 PROCLAMATION DAYS. I HAVE WITH — I AM BARBARA TINBRINK DIRECTOR OF THE FAIR. I'M THE SCIENCE COORDINATE NATURE FOR ROUND ROCK ISD ONE OF THE HOSTS. THE AUSTIN AREA FAIR SERVES 15 COUNTIES, 500 CAMPUSES. MAYOR, IT IS THE LARGEST ACADEMIC COMPETITION IN THE CITY. I HAVE WITH ME HELEN JOHNSON, SHE REPRESENTS AUSTIN INDEPENDENT...................AUSTIN INDEPENDENT SCHOOL DISTRICT. AUSTIN IS ONE OF OUR HOSTS. AND I ALSO HAVE WITH ME KEVIN GOW. KEVIN GOW IS FROM CONNALLY HIGH SCHOOL, PFLUGERVILLE I.S.D. KEVIN IS WITH US TONIGHT BECAUSE HE REPRESENTED THE AUSTIN AREA AT THE INTERNATIONAL SCIENCE FAIR LAST YEAR. SO WE ARE SO, SO IMPRESSED WITH OUR FAIR, OUR JUDGES AND OUR CONTESTANTS. WE LOVE AUSTIN ENERGY FOR SUPPORTING US. AISD AND ROUND ROCK I.S.D. WE LOVE OUR STUDENTS. KEVIN AND THE MORE THAN — THIS YEAR. WE HAVE OVER 1500 PROJECTS AT THE PALMER AT THIS MOMENT. TOMORROW AND SATURDAY WILL FAIRLY COMMENCE. WE INVITE ALL OF YOU TO COME. WE HAVE GIFTS FOR YOU MAYOR. WE WOULD LIKE TO PRESENTS THOSE TO YOU, WE HAVE A 15 SECOND VIDEO CLAIM THAT WE WOULD LIKE TO SHOW.

MAYOR GARCIA: SURE. THAT WAS THE CLUE, THAT WAS THE CUE. THAT'S IT, THE AUSTIN AREA SCIENCE FESTIVAL, THERE SHOULD BE AUDIO.

MORE THAN 200 VOLUNTEERS FROM COMPANIES ALL OVER AUSTIN HELPED JUDGE PROJECTS.

THE 7% OF THE WORLD'S WATER IS SALT WATER.

I USED LIGHT BULBS TO REPRESENT STARS.

QUAWNT STOMACH COMPUTING USES ZERO, ONE OR ANYTHING IN BETWEEN.

THE AIMING PROCESS IS SLOWED DOWN.

THE ANTIBIOTICS ARE NO LONGER AS EFFECTIVE. THEY ALLOW THE RESISTANT STRAINS TO PROPAGATE.

THE CANCER TYPES EXAMINED WERE MALL LINK GANT BREAST — MALL LINK NANT BREAST CANCER.

IT DOESN'T MATTER WHAT YOUR BACKGROUND, WHERE YOU COME FROM, WHAT YOUR RACE IS. YOUR LIFE IS GOING TO BE WHAT YOU MAKE OF IT.

SCIENCE FEST 2002 IS SCHEDULED FOR MARCH 21ST THROUGH THE 23RD AT PALMER AUDITORIUM IN AUSTIN. SEE YA THERE.

WE INVITE YOU TO COME TO THE PALMER AUDITORIUM THIS WEEKEND, THANK YOU SO MUCH. [ APPLAUSE ]

THANK YOU.

ALVAREZ: THANK YOU, MAYOR. IF THE FOLKS THAT ARE ORGANIZING THE CESAR CHAVEZ CELEBRATION, HERE, CAN COME UP, THEN ALSO THE — I THINK THERE'S SOME MEMBERS, AT LEAST ONE MEMBER OF THE HUMAN RIGHTS COMMISSION HERE, ALSO. COME UP HERE AS WELL. BUT THIS NEXT PROCLAMATION IS TO — TO CELEBRATE THE FACT THAT — I THINK IT'S — IS IT MARCH 31ST IS ACTUALLY THE BIRTHDAY OF CESAR CHAVEZ. IT'S COMING UP. NEXT WEEKEND AND WE DON'T HAVE A COUNCIL MEETING NEXT WEEK, SO WE WANTED TO GO AHEAD AND HONOR THE MEMORY OF CESAR CHAVEZ APPEARED HONOR THE WORK THAT SOME FOLKS ARE DOING TO MAKE SURE THAT WE DO RECOGNIZE HIS ACHIEVEMENTS AND SO WE ARE GOING TO DO A PROCLAMATION ABOUT THE — ONE OF THE EVENT THAT'S HAPPENING NEXT WEEK. IT SAYS BE IT KNOWN THAT WHEREAS CESAR CHAVEZ WAS A CHAMPION OF HUMAN RIGHTS WHOSE WORK ON BEHALF OF AMERICAN FARM WORKERS, NO, MA'AM RAISED AWARENESS OF THE — NOT ONLY RAISED AWARENESS OF THE LIVING CONDITIONS BUT ALSO HIGHLIGHTED THE HEALTH HAZARDS WITH PESTICIDES AND THE NEED TO PROTECT OUR ENVIRONMENT, WHEREAS THE HISPANIC WOMEN'S NETWORK OF TEXAS, AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS AND THE LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT ARE SPONSORING FESTIVITIES IN HONOR OF CESAR CHAVEZ'S BIRTHDAY, AND WHEREAS WE CONGRATULATE THE STUDENTS WHO PARTICIPATED IN THE CESAR CHAVEZ ESSAY CONTEST AND WHO ALONG WITH THEIR FAMILIES WILL BE PART OF THE ACTIVITIES AT THE AFL-CIO HALL, NOW, THEREFORE, I GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, DO HERE BY PROCLAIM MARCH 30TH, 2002, AS CESAR CHAVEZ DAY IN AUSTIN. AND IT'S SIGNED BY OUR MAYOR. [ APPLAUSE ]

ALVAREZ: DO YOU WANT TO SAY A FEW WORDS.

YES, AS PRESIDENT OF THE HISPANIC WOMEN'S NETWORK OF TEXAS, THE AUSTIN CHAPTER, I WOULD LIKE TO INVITE EVERYONE TO COME AND CELEBRATE WITH US ON SATURDAY, MARCH THE 30TH AND IT'S GOING TO BE HELD AT THE AFL-CIO BUILDING ON LAVACA STREET FROM 5:00 UNTIL 8:00. WE WILL HAVE..... ENTERTAINMENT, WE WILL HAVE A MOCK MARCH PERFORM BY SOME STUDENTS. WE WILL ALSO AWARD THE PRESENTATION OF THE ESSAY WINNER, WHICH IS A MIDDLE SCHOOL STUDENT. WE JUST WANTS TO MAKE SURE THAT EVERYBODY HAS A GOOD TIME AND LEARN SOMETHING ABOUT THIS GREAT HISPANIC PERSON, CESAR CHAVEZ, THANK YOU VERY MUCH. [ APPLAUSE ]

ACTUALLY THERE ARE GOING TO BE TWO EVENTS THAT AFTERNOON. WE ARE GOING TO BE STARTING OFF WITH THE MARCH FOR UNITY. MY NAME IS RANDY MORENO, THE PRESIDENT OF THE LABOR COUNCIL FOR LATIN AMERICAN ADVANCEMENT, AUSTIN CHAPTER. WE WOULD LIKE TO INVITE EVERYONE TO COME OUT AN PARTICIPATE IN THIS MARCH FOR UNITY. THE GATHERING AREA WAS GOING TO BE EAST SECOND AND COMAL AT 10:00 AND WE WILL MARCH TO THE CAPITOL STEPS, HAVE AN ASSEMBLY AND A RALLY AT 11:00. SO PLEASE, EVERYONE COME OUT. THANK YOU.

MAYOR GARCIA: THANK YOU VERY MUCH. EAR THANK YOU ALL VERY MUCH, ENCOURAGE EVERYBODY TO SUPPORT THOSE EVENT. THE OTHER THING THAT WE DID WANT TO MENTION WAS THAT EARLIER TODAY THE COUNCIL SOMEWHAT RELATED TO THIS ACTION RELATING TO CESAR CHAVEZ, PASSED A RESOLUTION RELATED TO THE TREATMENT OF IMMIGRANTS HERE IN THIS COMMUNITY. AS A RESULT OF THE — OF THE — THE SITUATION THAT OCCURRED ON THE 11TH OF SEPTEMBER AND I'M JUST GOING TO READ A LITTLE BIT HERE THAT SAYS — THAT REFERS TO THAT. IT SAYS: THE CITY COUNCIL DEPLORES ANY VIOLENT ACTION AND EXPRESSION OF HATE TAKEN BY INDIVIDUALS ANGERED BY THE VIOLENT ATTACKS ON THE WORLD TRADE CENTER AND THE PENTAGON AGAINST PERSONS PERCEIVED TO BE FOREIGN OR SIMILAR TO THOSE WHO PERPETRATED THE ATTACKS ON THE 11TH OF SEPTEMBER AND THE CITY COUNCIL ZOO HERE BY DECLARE THE YEAR 2002 TO BE A YEAR-LONG CELEBRATION OF THE STRENGTH OF AUSTIN'S MULTI CULTURAL MAKEUP AND THAT THE MAJORITY OF U.S. RESIDENTS BOTH WHITE AND NON-WHITE ARE THEMSELVES DESCENDED FROM IMMIGRANTS BOTH VOLUNTARY AND UNVOLUNTARY WHO IN COMING TO THIS COUNTRY ENCOUNTERED NATIVE PEOPLES LIVING HERE. THEY ASK TO SHOW SUPPORT SUPPORT FOR ALL MEMBERS OF THE COMMUNITY REGARDLESS OF ECONOMIC FLUCTUATIONS, WE WANTED TO CALL ATTENTION TO THAT AS WELL BECAUSE A LOT OF THESE PRINCIPLES ARE THE VERY PRESCRIPTION PEOPLES THAT CESAR CHAVEZ — PRINCIPLES THAT CESAR CHAVEZ, THE OTHER INDIVIDUAL THAT WE ARE HONORING HERE STOOD FOR AND WE DIDN'T WANT TO RECOGNIZE STAN MAIN A MEMBER OF THE HUMAN RIGHTS COMMISSION IS HERE WITH US TODAY. THANK YOU FOR COMING BACK, HE SPOKE EARLIER. [ APPLAUSE ]

ALVAREZ: SO THANK YOU VERY MUCH FOR — FOR THESE EVENTS THAT YOU ARE PUTTING TOGETHER AND FOR YOUR WORK, STAN, ON THE HUMAN RIGHTS COMMISSION. THANKS.

MAYOR GARCIA: DO YOU WANT TO GO SIT DOWN? ARE YOU OKAY NOW, WE WILL READ IT TOGETHER, BE IT KNOWN THAT WHEREAS THE PUBLIC HEALTH APPROACH HAS CONTRIBUTED SIGNIFICANTLY TO INCREASING LIFE EXPECTANCY IN THE U.S., BY REDUCING THE INCIDENCE OF JURY, DISABILITY AND DISEASE AND WHEREAS WE HAVE SEEN A DECLINE IN HEART DISEASE AND STROKE, TOBACCO RELATED AND INFECTIOUS DISEASES — I GUESS ALL YOU GUYS ARE HERE FOR THAT, RIGHT?

THAT'S RIGHT.

AND MOTOR VEHICLE AND WORKPLACE INJURIES BECAUSE PUBLIC HEALTH ADDRESSES PATTERN OF DISEASE AND INJURY WITHIN OUR POPULATION AND WHEREAS WE RECOGNIZE AND SINCERELY APPRECIATE THE EFFORTS OF — OF AUSTIN'S PUBLIC HEALTH PROFESSIONALS TO PROTECT AND PROMOTE THE HEALTH OF OUR CITIZENS AND WHO'S WORK ENHANCES THE QUALITY OF LIFE FOR ALL OF US, NOW THEREFORE I GUS GARCIA AND CARA WHITLY,.

MAYOR GARCIA: OF THE CITY OF AUSTIN, TEXAS, DO HERE BY PROCLAIM APRIL 1 TO 72002 AS AUSTIN'S PUBLIC HEALTH WEEK IN AUSTIN WE PRESENT THIS PROCLAMATION TO THE OFFICIAL THAT'S HERE. [ APPLAUSE ]

MAYOR GARCIA: YOU CAN TALK ABOUT WHAT THIS MEANS.

THANKS AGAIN.

THANKS, MAYOR. THANK YOU FOR THIS PROCLAMATION FOR NATIONAL PUBLIC HEALTH WEEK. A WEEK IN WHICH WE RECOGNIZE THE CONTRIBUTIONS OF PUBLIC HEALTH TO OUR COMMUNITY'S WELL-BEING. TODAY WE ENJOY BETTER HEALTH, LIVE A HEALTHIER CONDITION, KNOW MORE ABOUT HOW TO TAKE CARE OF OUR HEALTH AND LIVE LONGER THAN AT ANY OTHER TIME IN THE PAST. ONE OF PUBLIC HEALTH'S TRADITIONAL ROLES HAS ASSUMED MORE PROMINENCE IN RECENT MONTHS AND THAT IS A ROLE OF RESPONDING TO EMERGENCIES AND DISASTER. ON THE FRONT LINES FOR THAT RESPONSE ARE THE PROFESSIONALS WHO WORK IN THE DISEASE SURVEILLANCE AREA. THE AUSTIN TRAVIS COUNTY HEALTH AND HUMAN SERVICES DEPARTMENT DISEASE SURVEILLANCE PROGRAM MONITORS AND INVESTIGATES CASES OF REPORTABLE INFECTIOUS DISEASES AND CONDITIONS REPORTED BY LOCAL HEALTH PROFESSIONALS. SUCH AS ANTHRAX, WHICH WE HAVE HEARD A LOT ABOUT HERE LATELY. THIS IS A TIME THAT THE SAME GROUP WILL RESPOND TO ATTACKS OF BOTH CHEMICAL AND BIOLOGICAL WEAPONS OF MASS DESTRUCTION. SO WE ARE A PART OF THE FRONT LINE IN FIGHTING TERRORISM. THESE ARE JUST A FEW OF THE MANY PUBLIC HEALTH PROFESSIONAL ACTIVITIES THAT WE PARTICIPATE IN HERE IN AUSTIN, TRAVIS COUNTY, WE APPRECIATE THE PROCLAMATION THAT SUPPORTS THAT EFFORT, THANK YOU AGAIN. [ APPLAUSE ] 7.

MAYOR GARCIA: THIS PROCLAMATION IS GOING TO BE PRESENTSED TO THE DIRECTOR OF OUR PARKS AND RECREATION DEPARTMENT. AND I THINK SOME PEOPLE ARE HERE, VERY IMPORTANT PEOPLE ARE HERE TO JOIN US FOR THIS. FORMER CONGRESSMAN J. JAKE PICKLE. COME ON, CONGRESSMAN. GO SAY HELLO TO THE CONGRESSMAN, HE'S RIGHT THERE.

HOW ARE YOU DOING? ON THE PROCLAMATION READS AS FOLLOWS, BE IT NOPE THAT THE AUSTIN PARKS AND RECREATION DEPARTMENT IS ORGANIZING CLEANUP PROJECTS THROUGHOUT OUR PARKS SYSTEM DURING APRIL AS — AS THE START OF A YEAR-LONG VOLUNTEER EFFORT TO BEAUTIFY AND IMPROVE OUR PARKS AND FURTHER EXTEND THE TOWN LAKE BEAUTIFICATION PROGRAM AND WHEREAS AUSTINITES VALUE OUR PARKS AND WANT THEM TO BE BEAUTIFUL, FUNCTIONAL AND ENJOYABLE FOR ALL OF OUR CITIZENS, AND WHEREAS THE CITY IS CALLING ON BUSINESSES, NEIGHBORHOOD ASSOCIATIONS, PARK ADVOCATES, SCHOOLS AND CIVIC CLUBS TO TAKE ACTION ON BEHALF OF THEIR LOCAL PARKS DURING APRIL NOW, THEREFORE, I DPUS GARCIA.

AND CARA WHITLEY, MAYORS OF THE CITY OF AUSTIN, DO HERE BY PROCLAIM APRIL, 2002 AS BEAUTIFY PARKS MONTH. YOU CAN PRESENT THIS TO MR. OLIVARES. RIGHT HERE.

THANK YOU. [ APPLAUSE ]

THANK YOU, CARA, THANK YOU VERY MUCH.

THANK YOU, MAYOR. AS WE CALL ON ALL CITIZENS TO JOIN THE CITY OF AUSTIN AND ALL THE GREAT VOLUNTEERS THAT — THAT THIS GREAT CITY HAS PRODUCED FOR US TO COME OUT AND PLANT A TREE, PICK UP SOME TRASH, PULL A WEED AND JUST COME OUT AND BEAUTIFY YOUR NEIGHBORHOOD PARKS AND YOUR TOWN LAKE CORRIDOR WITH ALL THE EFFORTS THAT YOU CAN PRODUCE SO THAT WE CAN CONTINUE TO BE ONE OF THE GREATEST CITIES IN THIS UNITED STATES. AUSTIN, TEXAS HAS ALWAYS BEEN KNOWN AS A CITY THAT EVERY OTHER CITY WOULD LIKE TO BE LIKE. SO WE ARE TRULY A CITY WITHIN A PARK. AT THIS TIME I WOULD LIKE TO CALL ON ANN TO TALK A LITTLE BIT ABOUT A PROJECT THAT WE ARE CURRENTLY JOINING FORCES WITH A — WITH A SUPPORT GROUP CALLED THE SHADY LADIES [ LAUGHTER ] ON TOWN LAKE CORRIDOR TO — TO CONTINUE TO BEAUTIFY THE CORRIDOR.

THANK YOU SO MUCH. AND LET ME WARN YOU I'M NOT EVEN THE SHADIEST LADY OF THE GROUP. SO — [ LAUGHTER ]. I AM SO PLEASED TO TELL YOU ALL ABOUT A PROJECT THAT HAS BEEN INSPIRED BY THE SHADY LADIES AND IN HONOR OF JAKE PICKLE HAS WHOA HAS DONE SO MUCH FOR YOUR COMMUNITY. THIS IS JUST A LITTLE BIT OF GIVING BACK. THIS LOCATION IS A LITTLE TRACT OF LAND BETWEEN TWO EXISTING BASEBALL FIELDS IN FRONT OF THE YMCA RIGHT THERE ON TOWN LAKE. IT'S OPEN AREA, WE RECENTLY LOST A LARGE SHADE TREE THERE DUE TO A BAD STORM. RECENTLY WITH HAD ON FEBRUARY 2ND A GROWN BREAKING FOR A PARK, WHICH IS GOING TO LOOK A LOT LIKE THIS. YOU IT'S GOOD GO TO FEATURE A PAVILION FOR SHADE FOR THE PEOPLE USING THE BALL FIELDS. ANYBODY ELSE THAT WANTS TO COME OUT FOR PICNICS OR BIRTHDAY PARTIES, ANY KIND OF GATHERINGS. GOING TO HAVE A PLAZA, LIMESTONE, NATIVE LIMESTONE PLAZA WITH XERISCAPEED AND OF COURSE FEATURING PEACH TREES EVERYWHERE. IT'S GOING TO BE CALLED THE PICKLE PEACH PARK. SO LIKE I SAID, WE HAD OUR GROUND BREAKING, WE ARE IN THE MILL OF THE FUNDRAISING, ABOUT 15 YEARS AGO I WAS VERY FORTUNATE TO BE PART OF ANOTHER COLLABORATIVE EFFORT BETWEEN THE PRIVATE SECTOR AND PARKS AND RECREATION. OUR CITY'S FUNDS, WHICH WAS THE UMLAUF SCULPTURE GARDEN INSPIRED BY THE UMLAUF AND ROBERTA CRENSHAW THE IMPETUS IN GETTING CITIZENS JUST LIKE YOU TO DONATE EITHER IN KIND OR MONEY OR HELPING US PLANT TREES. THERE WILL BE LOTS OF OPPORTUNITIES TO CONTRIBUTE. THAT WAS A HUGE SUCCESS AND I'M HOPING THAT WE CAN REPEAT THAT HERE WITH THE INSPIRATION THAT MR. PICKLE AND THE SHADY LADIES ARE GIVING US. WE LOOK FORWARD TO DOING, LOOK FORWARD TO SUPPORT FROM THE COMMUNITY. WE PLAMENTSED A VERY LARGE TREE THERE ON FEBRUARY 2ND DONATED BY A FIRM CALLED ENVIRONMENTAL DESIGN SERVICES. THEY ARE THE COMPANY THAT PRESENTSLY MOVED THOSE HUGE TREES BY THOSE HUGE CRANES THAT YOU SEE GOING ON AT PALMER AUDITORIUM RIGHT NOW. THEY DONATED A TREE WORTH $2500. THAT'S OUT THERE RIGHT NOW IF YOU GO AND SEE IT. [ APPLAUSE ]

ANYBODY ELSE THAT WANTS TO CONTRIBUTE CALL THE SHADY LADIES, THANK YOU. [ APPLAUSE ]

MAYOR GARCIA: CONGRESSMAN PICKLE.

WELL, MR. MAYOR, I APPLAUD YOU FOR THIS PROCLAMATION. THIS IS GOOD FOR OUR CITY, I'M PLEASESED TO BE HERE TODAY WITH ANN COLEMAN, ONE OF OUR CITY'S OUTSTANDING LANDSCAPERS. SHE HAS BEEN WORKING WITH THE GROUP, THEY REFERRED TO THEMSELVES AS THE SHADY LADIES. THEY ARE CONCENTRATING ON THE PARK AREA DIRECTLY IN FRONT OF THE YMCA. BUT THEY ALL SUPPORT VERY STRONGLY THIS PROCLAMATION TO BEAUTIFY THE PARKS THROUGHOUT THE CITY. MR. MAYOR, THAT'S A WONDERFUL PROJECT FOR OUR CITY BECAUSE EVERYBODY IN THE CITY CAN BE INVOLVED. AND EVERYBODY COULD HELP BEAUTIFY OUR PARKS. WE ALL OUT TO PITCH IN WITH A FEAVOR TO MAINTAIN. I HAVE BEEN WATCHING AUSTIN PARKS DEPARTMENT OFF AND ON FOR OVER 70 YEARS, I'M PROUD TO SAY I THINK OUR AUSTIN CITY PARKS HAVE BEEN RECOGNIZED NATIONALLY AS HAVING ONE OF THE BEST RECREATION FACILITIES IN ALL OF THE UNITED STATES. NOW, WE CAN — [ APPLAUSE ] WE CAN FURTHER THAT. SO THESE LADIES WILL BE WORKING WITH YOUR DEPARTMENT AND I'M SURE ALL OF THE CITY COORDINATING WITH YOU WHAT WE SHOULD DO TO THE PARKS BECAUSE THAT'S ONE THING EVERYBODY CAN HELP ON. I'M HERE JUST TO ADD MY SUPPORT. IN ADDITION TO THE PICNIC UNITS AND MAZDAS AND OTHER CONSTRUCTION — PLAZAS AND OTHER CONSTRUCTION, I UNDERSTAND THEY ARE GOING TO PLANT A FEW MORE PICKLE TREES. PEACH TREES. OF COURSE I ENDORSE THAT. [ LAUGHTER ]. BUT THIS IS A WIDE PROJECT. EVERYBODY IN AUSTIN SHOULD GET BEHIND. I APPLAUD YOU FOR OFFERING THIS PROCLAMATION, MAYOR.

MAYOR GARCIA: THANK YOU VERY MUCH.

MAYOR GARCIA: MAYOR, THAT'S ALL THAT WE HAVE, DO YOU WANT TO SAY GOODBYE TO EVERYBODY.

BYE BYE. [ LAUGHTER ]. THE PRINCIPAL FROM THE SCHOOL IS HERE. IF YOU COULD STAND. AND [ APPLAUSE ] BE RECOGNIZED. I THINK ASSISTANT PRINCIPAL WHO USED TO BE MY WIFE'S BOSS IS HERE. SHE'S — SHE SHARES SOMETHING WITH ME. WE RETIRE AND COME BACK. AND I THINK THE PARENTS, CARA, DO YOU WANT TO INTRODUCE YOUR PARENTS?

KATHY WHITLEY AND ALAN WHITLEY, PLEASE STAND. DAD. THERE DAD.

LIKE ELMER FUDD USED TO SAY, THAT'S ALL FOLKS! [ LAUGHTER ] TEST TEST TEST TEST TEST

MAYOR GARCIA: THERE BEING A QUORUM OF THE COUNCIL IN THE CHAMBERS, I'M GOING TO CALL BACK TO ORDER THE REGULAR MEETING OF THE COUNCIL. AND WE WERE — WE HAD TABLED ITEM 15 FOR A LITTLE WHILE AND NOW WE'RE BACK WITH 6:00 O'CLOCK ITEMS, SO WE'LL GO TO THE 6:00 O'CLOCK TIME CERTAIN PUBLIC HEARING AND POSSIBLE ACTION. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVING AN APPROXIMATELY 3,900 SQUARE FEET WHICH IS 0.090 ACRES WASTEWATER USE AGREEMENT AND A 12,000 SQUARE FOOT TEMPORARY WORK SPACE USE AGREEMENT TO ALLOWRUCTION OF A WASTEWATER LINE THROUGH DEDICATED PARKLAND KNOWN AS THE MEADOWS AT TRINITY CLOSING. ALL COSTS ARE ASSOCIATED WITH SOAKS OF THE LINE AS WELL AS ANY PARKLAND RESTORATION WILL BE PAID BY THE REQUESTER THROUGH A PREVIOUSLY APPROVED CAPITAL IMPROVEMENTS PROJECT, RECOMMENDED BY THE PARKS AND RECREATION BOARD. DO WE HAVE ANYBODY SIGNED UP TO SPEAK ON THAT?

I DON'T BELIEVE WE DO.

MAYOR GARCIA: VERY GOOD. DO YOU WANT TO BRIEF US ON THAT, JUDY?

IN PARTICULAR I NEED TO SAY THERE IS NO OTHER FEASIBLE IMPROVED TO THE DEDICATED PARKLAND, WHICH IS DESIGNED TO MINIMIZE ALL HARM TO THE PARK.

MAYOR GARCIA: QUESTIONS FOR MS. PLUMBER? THERE'S NO SPEAKERS, SO I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. AND YOU CAN ALSO MAKE A MOTION TO TAKE ACTION ON THIS.

THOMAS: SO MOVE, MAYOR, TO CLOSE THE HEARING.

MAYOR GARCIA: CLOSE THE PUBLIC HEARING AND APPROVE THE ACTION?

THOMAS: SO MOVE.

MAYOR GARCIA: OKAY. THERE'S A MOTION BY COUNCILMEMBER THOMAS TO CLOSE THE PUBLIC HEARING AND APPROVE THE ACTION. I'LL SECOND THAT MOTION. AND IS THERE DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO? MOTION CARRIES ON A VOTE OF FIVE TO ZERO TO TWO WITH COUNCILMEMBER SLUSHER AND MAYOR PRO TEM GOODMAN TEMPORARILY OFF THE DIAS. OKAY. WE MIGHT BE ABLE TO TAKE ACTION ON THE EXECUTE SIEVE SESSION ITEMS. CITY MANAGER, ARE WE READY TO DO THE APPROVAL OF THE RESOLUTION OF EXECUTION OF AGREEMENTS WITH TRAVIS, HAYS, WILLIAMSON AND BASTROP COUNTIES WITH THE TERMS OF THE 1445?

YES, WE ARE.

MAYOR GARCIA: OKAY. DO YOU WANT TO BRIEF US A LITTLE BIT?

YES. MAYOR AND COUNCIL, WE'RE HAPPY TO BRING TO YOU FOUR INTERLOCAL AGREEMENTS. WE WOULD ASK THAT YOU DO AN APPROVAL ON THE AGREEMENTS FOR TRAVIS COUNTY AND AGREEMENT APPROVAL FOR BASTROP COUNTY AND TO NEGOTIATE AND EXECUTE FOR WILLIAMSON COUNTY AND TO NEGOTIATE AND EXECUTE FOR HAYS COUNTY. AND — DID YOU —

MAYOR GARCIA: GO AHEAD.

BASICALLY FOR EACH OF THE FOUR ENTITIES WE'RE RECOMMENDING OPTION 2 WHERE THE CITY HAS EXCLUSIVE JURISDICTION IN WILLIAMSON COUNTY UNDER CERTAIN CONDITIONS AND ALSO WE'RE RECOMMENDING THE SAME THING IN BASTROP COUNTY. AND WITH TRAVIS COUNTY AND HAYS COUNTIES WE ARE RECOMMENDING A ONE-STOP SHOP AND WE'D BE WORKING ON PHASE 2 OF THE AGREEMENTS TO IMPLEMENT A PROCESS AND PROCEDURE TO ENSURE THAT FOR THE ONE-STOP SHOPS WE HAVE ALL THE PROCESS WORKED OUT AS WELL AS INCLUDING SOME INPUT FROM STAKEHOLDERS AS TO HOW THOSE ADMINISTRATIVE PROCEDURES AFFECT THEM IN MAKING THE PROCESS STREAMLINED. ALSO, ON THE TRAVIS COUNTY AGREEMENT, WE HAD TWO AMENDMENTS TO THE EXISTING DOCUMENT IN YOUR BACKUP OF THE AND I'LL ASK ANDY MARTIN TO GIVE A QUICK OVERVIEW OF THOSE AMENDMENTS.

GOOD EVENING, COUNCIL. WE HAVE TALKED WITH THE ASSISTANT COUNTY ATTORNEY WHO IS REPRESENTING TRAVIS COUNTY ON THESE AND SUGGEST THE CHANGES THAT WE HAVE DISCUSSED EARLIER AND HE IS AMENABLE THOSE ON BEHALF OF COUNTY AND WOULD RECOMMEND THAT THE COUNTY AGREE TO THESE CHANGES. ON PAGE 3 OF THE TRAVIS COUNTY AGREEMENT IN YOUR BACKUP, THE VERY FIRST CLAUSE IN SUBSECTION 2-A, STRIKE THAT SO THAT THE BEGINNING OF THAT PARAGRAPH WOULD READ THE COUNTY AND THE CITY SHALL ESTABLISH ONE OFFICE. ON PAGE 6 AT THE TOP OF THE PAGE, SUBSECTION 3 THAT YOU SEE THERE, IT'S SUBSECTION 2-D-3, IN THE THIRD LINE OF THAT SENTENCE THAT STARTS, AGREEMENT SHALL BE CONSIDERED APPROVED AS PROVIDED BY LAW ONLY IF, ADD THIS LANGUAGE, IT COMPLIES WITH ALL APPLICABLE REGULATIONS ESTABLISHED BY THE CITY AND WITH ALL APPLICABLE REGULATIONS ESTABLISHED BY THE COUNTY, AND IT BEARS — AND CONTINUE AS WRITTEN — THE APPROPRIATE RECOMMENDATION FROM EACH PARTY.

> AND THEN IN SECTION OF, SUBSECTION 3-A, STRIKE THE ENTIRE FIRST SENTENCE OF THAT PARAGRAPH THAT BEGINS SECTION 242.004-D. AND THOSE ARE THE SUGGESTED CHANGES. AND IT TURNS OUT THAT THAT'S ALL WE HAVE. AND THERE IS — I WANT TO CALL YOUR ATTENTION TO A PROVISION THAT THE COUNTY HAD ASKED BE INCLUDED FROM PREVIOUS ITERATIONS OF THIS, AND THAT WOULD BE SECTION — ON PAGE 4, SECTION 3-B CONCERNING THE CITY MAKING AVAILABLE BOOKS AND DOCUMENTS AND OTHER THINGS WITH RESPECT TO THE FEES TO THE COUNTY FOR AUDIT PURPOSES.

MAYOR GARCIA: QUESTIONS FOR ANDY? MR. MARTIN?

SLUSHER: I'VE GOT SOME.

MAYOR GARCIA: COUNCILMEMBER SLUSHER?

SLUSHER: MR. MARTIN, LET'S GO THROUGH A FEW THINGS. WE HAVEN'T HAD — WELL, I THINK THIS IS GOING TO BE A SUCCESSFUL EXAMPLE OF REGIONAL COOPERATION. AND IT'S BEEN RATHER QUIET. I THINK ONE REASON IS BECAUSE IT'S GOING TO BE SUCCESSFUL AND THERE HASN'T BEEN A LOT OF CONTROVERSY, BUT IT'S A VERY SIGNIFICANT WHAT'S GOING ON HERE IN THAT THE LEGISLATURE PASSED A LAW WHERE EITHER THE CITY OR THE COUNTY'S REGULATIONS OR RATHER THE CITY AND THE COUNTY HAVE TO WORK OUT WHICH OF THESE REGULATIONS APPLIES. IS THAT ACCURATE?

OR THE OPTION AS IT'S BEING PURSUED WITH TRAVIS COUNTY THAT WE AGREE TO A CONSOLIDATED CONSISTENCY.

SLUSHER: OR YOU HAVE TO WORK OUT WHICH ONES AS WELL. SO WITH TRAVIS COUNTY IT'S GOING TO BE CONSOLIDATED. SO LET'S GO THROUGH SOME OF THE — ONE OF THE THINGS WE'VE TALKED ABOUT A LOT OVER THE YEARS IS WATER QUALITY REGULATIONS IN THE EXTRATERRITORIAL JURISDICTION. LET'S TAKE — ON THE TABLE WITH TRAVIS COUNTY, S.O.S. WOULD STILL PLAY IN THE ETJ, CORRECT?

ABSOLUTELY, YES, SIR.

SLUSHER: AND TRAVIS COUNTY, WHEN THE COMMISSIONER'S COURT PASSES THIS, THEY WILL ACCEPT THAT AND THAT WILL BE THE WAY.

THERE HASN'T BEEN ANY DISPUTE ABOUT THAT AT ALL IN OUR DISCUSSIONS WITH THE COUNTY REPRESENTATIVES. THEY UNDERSTAND THAT THE CITY'S SUBDIVISION REGULATIONS WILL APPLY AS WELL THE COUNTY'S REGULATIONS. THE S.O.S. REGULATIONS ARE ACTUALLY WATER QUALITY REGULATIONS, BUT THEY ARE ENFORCED THROUGH THE OPERATION OF OUR SUBDIVISION ORDINANCE.

SLUSHER: SO THIS WOULD BE TRUE OF OUR OTHER WATER QUALITY REGULATIONS IN THE ETJ AS WELL AS THEY WOULD APPLY?

YES, SIR.

SLUSHER: AND AT THE SAME TIME THAT THAT'S HAPPENING, THE — RIGHT NOW APPLICANTS, DEVELOPERS HAVE TO GO — THAT ARE IN THE ETJ, THEY HAVE TO TO GO TO THE CITY AND GET THEIR SUBDIVISION APPROVAL AND THEY HAVE TO GO TO THE COUNTY TO GET THEIR SUBDIVISION APPROVAL, BUT UNDER WHAT'S BEING PROPOSED HERE, THE CITY AND THE COUNTY WOULD ORGANIZE INTO ONE STOP FOR DEVELOPERS IN THE ETJ, SO THEY WOULD STILL HAVE TO COMPLY WITH ORDINANCES LIKE S.O.S. AND THEY WOULD HAVE TO COMPLY WITH COUNTY REGULATIONS, BUT THEY CAN GO TO ONE PLACE TO GET THEIR REGULATIONS AND APPROVAL.

YES. THE CITY AND THE COUNTY STAFF WILL BE WORKING CLOSELY TOGETHER IN REVIEWING THE PLAT APPLICATIONS AND WILL BE PROVIDING A CONSOLIDATED COMMENTS TO THE DEVELOPER THROUGH THE SINGLE OFFICE. THAT WILL ALL BE TRANSPARENT TO THE DEVELOPER. HE WANTS — ONCE THE DEVELOPER HAS FILED THE APPLICATIONS FOR THE PLAT APPROVAL, IT WILL BE REVIEWED BY CITY AND COUNTY STAFF TO ENSURE THAT IT MEETS THE CRITERIA ESTABLISHED RESPECTIVELY BY THE CITY REQUIREMENTS AND THE COUNTY REQUIREMENTS. THEY'LL GET A SINGLE SET OF COMMENTS THAT TELL WHAT NEEDS TO BE DONE, IF ANYTHING. AND THEN IT WILL GO ON AND IT WILL BE — THE PLAT WILL BE APPROVED RESPECTIVELY BY THE CITY, THE PLANNING COMMISSION AND THE COUNTY COMMISSIONER'S COURT.

SLUSHER: AND IN THE SITUATION WITH HAYS COUNTY, TELL US ABOUT S.O.S. THERE.

THE SAME OPERATION. WHAT'S ON THE TABLE WITH LAKE COUNTY IS AN APPROVAL OF A ONE-STOP SHOP TYPE OF AGREEMENT WHERE BOTH HAYS COUNTY'S REGULATIONS AND THE CITY OF AUSTIN'S REGULATIONS WILL APPLY IN AUSTIN'S ETJ. AND WHAT WE'VE PROPOSED TO THE HAYS COUNTY IS A MODEL THAT'S BASED ON THE TRAVIS COUNTY AGREEMENT THAT WE'RE ASKING THAT YOU APPROVE TONIGHT. SO IN THIS RESOLUTION, WE WOULD ASK FOR — THERE MAY BE SOME ISSUES THAT ARE GOING TO BE RAISED BY HAYS COUNTY, SOME DIFFERENCES THAT THEY HAVE, SO WE NEED THE FLEXIBILITY SINCE YOU'RE NOT HAVING ANOTHER MEETING, TO RESPOND TO THOSE. BUT CERTAINLY WHAT WE'RE TALKING ABOUT IS YOU'RE GIVING STAFF THE AUTHORITY TO NEGOTIATE AND EXECUTE SOMETHING THAT IS FUNDAMENTALLY AND SUBSTANTIALLY IN THE FORMAT OF WHAT'S BEING DISCUSSED TONIGHT.

SLUSHER: AND I THINK YOU UNDERSTAND AND STAFF UNDERSTANDS THAT WE EXPECT THAT TO INCLUDE THE SAVE OUR SPRINGS ORDINANCE TO APPLY.

ABSOLUTE SHRI.

SLUSHER: AND ALONG THOSE LINES, THERE'S SOME LANGUAGE IN HERE ABOUT WHEN THERE IS A CONFLICT IN THE INTERPRETATION OF THE REGULATION, IT'S CLEAR THAT DOESN'T MEAN THE SAVE OUR SPRINGS OR THE WATER QUALITY ORDINANCE WHEN THERE IS SOMETHING THAT DOESN'T — THAT'S NOT AGREED UPON OR THAT'S DIFFERENT IN THE TWO. WHY DON'T YOU EXPLAIN THAT FOR ME RATHER THAN HAVING ME DO IT?

WELL, THE KEY HERE IS THE STATUTE REQUIRES THAT THE REGULATIONS OF THE COUNTY AND THE CITY BE CONSISTENT — BE CONSOLIDATED AND CONSISTENT. AND CONSISTENCY IS NOT THE SAME WORD AS IDENTICAL. AND WE BELIEVE THAT AN APPLICANT CAN MEET REQUIREMENTS THAT ARE IMPOSED BOTH BY THE CITY AND THE COUNTY. THEY MAY BE SLIGHTLY DIFFERENT, BUT UNLESS THEY ARE INCONSISTENT, WE DON'T HAVE AN ISSUE TO BE RESOLVED HERE. SO WHEN THE APPLICATION IS FILED, THE COUNTY STAFF AND THE CITY STAFF WILL WORK TOGETHER TO ATTEMPT TO RESOLVE ANY APPARENT INDOESN'T SIS AND — INCONSISTENCIES AND GIVE A SINGLE ANSWER BACK TO THE APPLICANT.

SLUSHER: I THINK STAFF AND YOU DID A GOOD JOB ON THIS. SEVERAL OF US HAVE BEEN OUT AND TALKED TO SOME OF THE ELECTED OFFICIALS IN THE SURROUNDING COUNTIES AND TRAVIS COUNTY ABOUT THIS, AND LIKE I SAID, I THINK THIS IS AN EXAMPLE OF REGIONAL COOPERATION. HOPEFULLY ONE REASON IT HASN'T GOTTEN MORE NOTICE IS BECAUSE THE REGIONAL COOPERATION IS BECOMING MORE FREQUENT AND LESS OF AN UNUSUAL THING. AND THIS — IN THIS ONE WE CONTINUE TO ENFORCE THE STIES WATER QUALITY REGULATIONS AND OTHER REGULATIONS IN THE ETJ, BUT THE PEOPLE WHO ARE DEVELOPING IN THE ETJ NO LONGER HAVE TO GO TO BOTH THE CITY AND THE COUNTY AND WORK THEIR PROPOSALS THROUGH ON SEPARATE TRACTS. SO I THINK THIS IS A SITUATION THAT COULD HAVE BEEN REALLY SERIOUS AND A BIG CONTROVERSY FOR THE CITY, WHERE THE CITY WOULDN'T HAVE REALLY HAD NECESSARILY A STRONG HAND, BUT INSTEAD I THINK IT'S WORKED OUT BETTER FOR THE ENTIRE REGION. I MOVE APPROVAL, MAYOR.

MAYOR GARCIA: MOTION BY COUNCILMEMBER SLUSHER. IS THERE A SECOND?

WYNN: SECOND.

MAYOR GARCIA: IT'S ITEM NUMBER 20. FURTHER DISCUSSION? I WANT TO COMMEND THE STAFF AND THE OUTSIDE COUNSEL IN GETTING THIS DONE. I THINK WE'VE DONE A GREAT JOB AND LOOK FORWARD TO WORKING WITH ALL THE COUNTIES AND SEEING HOW WE'RE GOING TO IMPLEMENT ALL THIS — THE PROCESS. FURTHER DISCUSSION?

WYNN: I'D LIKE TO SAY THAT I THINK THE REST OF THE COUNCIL DECIDES THE MAYOR SHOULD GET BASTROP BARBECUE OUT OF THE DEAL. [ LAUGHTER ]

MAYOR GARCIA: WHY DON'T YOU KEEP THAT A SECRET, COUNCILMEMBER. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NO? MOTION CARRIES ON A VOTE OF SIX TO ZERO TO ONE WITH THE MAYOR PRO TEM TEMPORARILY ABSENT. ITEM 22 IS APPROVE A RESOLUTION APPROVING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE ALL DOCUMENTS RELATED TO ACQUIRING APPROXIMATELY 42 ACRES NEAR LOYOLA LANE AND ADJACENT TO WALNUT CREEK TO BE PURCHASED WITH NOVEMBER 1998 PROPOSITION TWO BONDS FOR GREENWAY AND DESTINATION PARKS. THIS WAS DISCUSSED IN EXECUTIVE SESSION. THE COUNCIL WAS BRIEFED AND MS. PLUMBER IS HERE TO ANSWER ANY QUESTIONS.

THIS ACQUISITION FOR THE GREENWAY AND PARKLAND DESTINATION IS FOR 120,000. IT IS LOCATED ON WALNUT CREEK ALONG — NEAR LOYOLA LANE. AND WE LOOK FORWARD TO PURCHASING THIS 42 ACRES. AGAIN, THE PURCHASE PRICE IS IN THE AMOUNT OF 420,000.

MAYOR GARCIA: I'LL ENTERTAIN COUNCILMEMBER GRIFFITH FOR A MOTION.

GRIFFITH: I THINK COUNCILMEMBER WYNN SHOULD MAKE THIS MOTION.

WYNN: I MOVE APPROVAL.

GRIFFITH: AND I'LL SECOND.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION? GREAT WORK, MS. PLUMBER. ALL IN FAVOR, SIGNIFY BY SAYING AYE? OPPOSED NO. MOTION CARRIES ON A VOTE OF SIX TO ZERO TO ONE WITH THE MAYOR PRO TEM TEMPORARILY OFF THE DIAS.

[ONE MOMENT, PLEASE, WHILE CAPTIONERS CHANGE]

THOMAS: WHAT'S HIS NAME —

ARE YOU LOOKING FOR LENO? I BELIEVE HE'S IN THE STAFF ROOM.

WE HAVE SIX PEOPLE JUMPING UP.

WHILE HE'S COMING, I NEED TO — I NEED TO KNOW HOW LONG EAGLE CONSTRUCTION AND THE ENVIRONMENTAL SERVICES HAVE BEEN ON THIS PARTICULAR CONTRACT.

IT'S BEEN WELL OVER A YEAR NOW SINCE THEY FIRST GOT THEIR CONTRACT. AND WE EXPECT THAT THEY WILL BE WITH US UNTIL SOMETIME IN 2003. THE END OF 2003 IN FACT.

AND THE CHANGE ORDERS IS THIS — THIS IS THE ROUTINE ON THE CHANGE ORDERS?

YES, MA'AM.

THOMAS: THIS PARTICULAR COMPLAINT WAS IT WITH THE P.O.M. COMPANY —

YES, SIR.

THOMAS: IN READING YOUR MEMO TO THE 3 OF OUTSIDE THE SUBCOMMITTEE, I CAN'T SPEAK TO THE OTHER TWO, BUT I CAN SPEAK FOR MYSELF, BECAUSE I HAD THE INITIAL CONTACT WITH THIS COMPLAINTANT. WAS IT EVER DEFINED WHY THIS COMPANY WAS TERMINATED FROM THE CONTRACT?

THE EWING GEL CONSTRUCTION ALLEGES LACK OF PERFORMANCE. P.O.M. DISPUTES THIS.

THOMAS: RIGHT.

THERE'S A DISPUTE ESSENTIALLY BETWEEN P.O.M. AND EAGLE WHICH WE HAVE OFFERED TO MEDIATE AND IN FACT WE HAVE PAID FOR A MEDIATOR TO HELP US DO THAT. BUT WE HAVE NOT BEEN QUITE ABLE TO GET THE TWO PARTIES TOGETHER. THERE BEEN SOME RESEARCH DONE BEVERY HAVEN'T GOTTEN TO THE POINT WHERE WE CAN SAY WE HAD AN ACTUAL MEDIATION ON THE DISPUTE.

THOMAS: OKAY. ALSO IN THE MEDIATION, YOU SAY YOU HAVEN'T BEEN ABLE TO — THE LAST COMPLAINTS THAT SHE HAVE HAD — WHEN SHE SPOKE TO US THAT SHE HAD SEVERAL OTHER CONTRACTS WITH AUSTIN ENERGY, IS THAT RIGHT.

I BEG YOUR PARDON P.O.M.?

YES, P.O.M.

YES, I'M NOT AWARE — IN FACT SHE HAS PERFORMED WITHIN THOSE CONTRACTS.

THOMAS: OKAY. I HAVE A CONCERN THAT IF WE ARE GOING TO DEAL WITH EAGLE AND WE CAN'T — IT'S TAKE PLACE US THIS LONG TO MEDIATE WITH THEM, WITH P.O.M., WE HAVE THIS TYPE OF LARGE CONTRACT WITH EAGLE AND THIS — THIS PARTICULAR COMPANY P.O. M. HAS BEEN SERVING — HAVE DONE SEVERAL CONTRACTS WITH US, MY UNDERSTANDING —

THAT'S CORRECT.

THOMAS: WHERE WAS THE BREAKDOWN? EACH CONTRACT THEY COMPLETED YOU DIDN'T HAVE ANY PROBLEMS, SHE WAS ON TIME, SO WHY IS ALL OF A SUDDEN SHE'S HAD A PROBLEM WITH THIS — THEY HAD A PROBLEM WITH THIS CONTRACT?

JUST TO RE-EMPHASIZE, THE DISPUTE IS NOT WITH THE CITY. IT'S BETWEEN P.O.M. AND EAGLE. WE ARE INVOLVED IN A SENSE THAT WE ARE TRYING TO MEDIATE IT BETWEEN THOSE TWO. NOW, WE HAVE REQUESTED INFORMATION MORE SPECIFIC TO THE ALLEGATIONS THAT ARE BEING RAISED BY P.O. INFORMATION. BUT WE HAVE NOT GOTTEN — P.O.M., BUT WE HAVE ON NOT GOTTEN A SUFFICIENT AMOUNT OF INFORMATION TO ALLOW US TO RESPOND TO THE OBJECTIONS THAT HAVE BEEN RAISED BY P.O.M. AGAIN THIS IS A DISPUTE BETWEEN THOSE TWO. IN OTHER CONTRACTS THAT P.O.M. HAS HAD WITH THE CITY THEY HAVE PERFORM SATISFACTORILY. THIS REALLY IS RESTRICTED TO THIS MATTER.

THOMAS: I UNDERSTAND THAT. BUT WE HERE HAVE AN ITEM TO — TO APPROVE WITH EAGLE AND WE CAN'T GET A MEDIATION DONE IN A SHORT PERIOD OF TIME. THE COMPLAINT THAT WE HAD AT THE SUBCOMMITTEE IS THAT EAGLE STILL OWE THE PARTICULAR P.O.M. MONEY.

WELL —

THOMAS: LET ME FINISH, IF YOU DON'T MIND. THIS IS A PROBLEM WE'VE BEEN HAVING CONTRACTS WITH THE M.B.E. W.B.E. OVER AND OVER AND OVER WITH SUBCONTRACTORS. I DON'T FEEL COMFORTABLE AWARDING A COMPANY THIS LARGE — WITH THIS LARGE AMOUNT OF MONEY AND WE VICE-PRESIDENT EVEN SOLVED THE PROBLEM WITH SOME OF THE SUBCONTRACTORS. WHICH IS A HISTORY THAT WE DO HAVE WITH CONTRACTS DEALING WITH M.B.E. SUBCONTRACTORS. I NEED TO KNOW WHAT CAN WE DO TO MEDIATE WITH P.O.M. BECAUSE WHAT I AM SAYING TONIGHT IS THAT ENOUGH IS ENOUGH. AND I KNOW IT'S NOT BETWEEN THE CITY, BUT THIS IS THE CITY'S MONEY THAT WE WILL BE REWARDING. I FEEL THAT WE NEED TO DO RIGHT BY SUBCONTRACTORS, NO MATTER WHO IT IS. THE COMPLAINT THAT WE RECEIVED AND THE TIME OF FEBRUARY THE 12TH, WE JUST NOW GETTING A RESPONSE MARCH THE 20TH. THAT'S NOT GOOD BUSINESS.

LET ME ADDRESS THAT LAST ISSUE FIRST. YOU ARE CORRECT. WE SHOULD HAVE BEEN A LOT MORE PROMPT IN RESPONDING TO THE CONCERNS THAT ARE RAISED AT THE SUBCOMMITTEE LEVEL, I ASSURE YOU THAT THAT WON'T HAPPEN AGAIN. WE WILL FINE OUT EXACTLY WHY THAT HAPPENED. BUT WITH RESPECT TO THE ISSUES BETWEEN THIS SUBCONTRACTORS AND EAGLE, WE DON'T — I DON'T WANT TO PREJUDICE A CASE AGAINST EITHER. WE SIMPLY DON'T KNOW WHO IS RIGHT. IT IS A DISPUTE BETWEEN THOSE TWO. WE WOULD LOVE TO GET IT MEDIATED BUT WE DON'T KNOW IF EAGLE IS RIGHT AND WE DON'T KNOW OR — IF P.O.M. IS RIGHT. ALL WE KNOW IS THAT THEY ARE IN DISAGREEMENT. BUT I COULDN'T TELL YOU THAT I AM MORE INCLINED TO BELIEVE P.O.M. OVER EAGLE OR THE OTHER WAY AROUND. I CAN ASSURE YOU THAT TO THE EXTENT THAT WE REMAIN INVOLVED, I WILL PURSUE IT AND ATTEMPT TO DO WHAT IS CORRECT WITH RESPECT TO THE CONTRACT AND IN REPRESENTING THE BEST INTERESTS OF THE CITY. I HAVE NO — ABSOLUTELY NO DOG IN EITHER SIDE. I WANT TO RESOLVE IT FAIRLY AND CORRECTLY.

THOMAS: THANK YOU, SIR.

MAYOR GARCIA: A MOTION?

THOMAS: I MOVE APPROVAL.

MAYOR GARCIA: MOTION BY COUNCILMEMBER THOMAS, SECONDED BY COUNCILMEMBER SLUSHER. DISCUSSION? THANK YOU, MR. GARZA, FOR YOUR STATEMENTS WITH REGARD TO ADDRESSING THIS ISSUE. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 6-0-1 WITH MAYOR PRO TEM GOODMAN TEMPORARILY OFF THE DAIS. ITEM NO. 25, MAYOR, CITY MANAGER.

FUTRELL: WE HAVE THE FIRE DEPARTMENT IS HERE. 7 SEE I'M TRYING TO DO THIS FOR YOU, MAYOR. THE FIRE DEPARTMENT IS HERE TO ANSWER QUESTIONS. THIS IS ONE OF THE TWO SETS OF POSITIONS THAT ARE COMING FORWARD AS PART OF OUR ORGANIZATIONAL RESPONSE TO 9-11. AND I THINK MAYBE WHAT I WILL DO IS OPEN THIS UP FOR ANY QUESTIONS ON THE ITEM.

MAYOR GARCIA: I GUESS THE ISSUE THAT HAS COME UP IS — IS THE FACT THAT THE — BECAUSE OF THE WAY WE'RE DOING IT, WE MISSING AN OPPORTUNITY TO PROMOTE AN AFRICAN AMERICAN TO THE CAPTAIN POSITION. AND I DON'T KNOW EXACTLY THE DETAILS. BUT IF YOU COULD GIVE US MORE DETAILS THAT — THAT WOULD EXPLAIN. I DON'T KNOW — THE LOOK ON YOUR FACE TELLS ME THAT YOU ARE SOMEWHAT SURPRISED BY THIS STATEMENT.

I'M A LITTLE BIT CONFUSED. THE TIMING WAS COME INS DENTAL TO — COINCIDENTAL TO THE PROMOTION EXAM AND THE OPPORTUNITIES PRESENTED BY THE ELIGIBILITY LISTS. THE FUNDING WAS APPROVED ON FEBRUARY THE 28TH AND THE PROMOTIONAL LIST THAT THE CANDIDATE IN QUESTION HAD EXPIRED ON FEBRUARY 20TH.

MAYOR GARCIA: WAS THERE SOMETHING WE COULD HAVE DONE TO HAVE BROUGHT THAT ITEM UP EARLIER TO THE COUPLE TO APPROVE THE FUNDING OR WAS THAT NOT SOMETHING THAT COULD BE DONE?

I DON'T BELIEVE IT COULD HAVE BEEN DONE IN TIME.

MAYOR GARCIA: OKAY.

I WOULD LIKE TO MAKE A CORRECTION. THE FUNDING WAS APPROVED ON FEBRUARY 14TH, I'M SORRY.

MAYOR GARCIA: 14TH. AND THEN THE — BUT NO ACTION WAS TAKEN BEFORE THE LIST EXPIRED?

FUTRELL: JIM, DO WE HAVE THE DATES TURNED AROUND? WAS THE APPROVAL ON THE 14TH AND THE LIST EXPIRED ON THE 20TH.

THAT'S CORRECT.

FUTRELL: THE OPPORTUNITY THAT WE MISSING WAS THAT BY NOT BRINGING THE ACTUAL RECLASSIFICATION, CLASSIFICATIONS FOR BRINGING THE POSITIONS FORWARD AT THE SAME TIME WE DID THE FUNDING, WE DID LET A LIST EXPIRE WHERE WE HAD AN OPPORTUNITY FOR A MINORITY ADVANCEMENT IN THE FIRE DEPARTMENT. FORTUNATELY ON THE NEW LIST WE HAVE A NUMBER OF — INCLUDING THIS SAME GENTLEMAN, HAVE SCORED VERY HIGH ON THE NEW LIST. ALTHOUGH THEY MAY NOT MAKE IT WITH THIS ACTION, WE DO BELIEVE THAT THERE WILL BE GOOD OPPORTUNITIES IN THE REST OF THE YEARS. BUT OUR PROCESS IMPROVEMENT WOULD BE TO BE LOOKING AT OUR LIST MORE CAREFULLY AS WE BRING ITEMS FORWARD FOR FUNDING AND FOR POSITIONS AND WE WILL MAKE A POINT OF DOING THAT.

MAYOR GARCIA: OKAY. I SUSPECT FOR THIS ONE, BECAUSE OF THE AGREEMENT THAT WE HAVE IN PLACE AND THE WAY THAT WE DO THE PROMOTION LIST FROM THE — I GUESS THE TASK FORCE?

FUTRELL: YES.

MAYOR GARCIA: THAT THIS IS SOMETHING THAT — THAT WE ARE SUPPOSED TO FOLLOW THE WAY YOU ARE DOING IT RIGHT NOW, CORRECT?

YES, SIR.

MAYOR GARCIA: OKAY. I WILL ENTERTAIN A MOTION ON NUMBER 25.

THOMAS: BEFORE THAT, MAYOR, CAN I MAKE A COMMENT? CHIEF, YOU SAID WHAT NOW? IF — IF THE PROCEDURES IS WHAT, EXPLAIN THAT TO ME AGAIN. ABOUT YOUR PROMOTION. BECAUSE I DON'T WANT TO JUMP ON STAFF TODAY, BUT I HAVE TO SAY THIS BECAUSE HOW MANY IN THAT PARTICULAR RANK, HOW MANY MINORITIES DO YOU HAVE?

WHICH RANK WOULD THAT BE, SIR.

THOMAS: THE RANK THAT THIS YOUNG MAN, THE LIST DIED ON?

THE RANK OF CAPTAIN, I BELIEVE, IS THE RANK THAT'S IN QUESTION.

THOMAS: YES, SIR, CORRECT.

YOUR QUESTION IS HOW MANY MINORITIES WE HAVE IN THE RANK OF CAPTAIN?

THOMAS: AFRICAN AMERICANS TO BE SPECIFIC BECAUSE THAT'S THE ONE WHO DIED ON THE LIST. HOW MANY AFRICAN AMERICANS DO YOU HAVE IN THAT RANK?

UM I'M NOT SURE. I CAN GET THE ANSWER TO YOU.

THOMAS: OKAY.

WE HAVE A LOT OF CAPTAINS IN THE DEPARTMENT. I'M NOT SURE WHAT THE BREAKDOWN WOULD BE.

THOMAS: I GUESS WHAT I AM SAYING, I'VE BEEN IN LAW ENFORCEMENT 21 YEARS. THERE'S AN OPPORTUNITY THAT WE COULD HAVE PROMOTED SOMEONE, SPECIALLY WHEN A LOWER — WITH THE SENATE IS VERY — WHEN THE PERCENTAGE IS VERY LOW. I FEEL THAT THAT PARTICULAR DEPARTMENT SHOULD HAVE MADE SOME KIND OF EFFORT TO PROMOTE WHEN WE HAD THE OPPORTUNITY. IT'S A BLESSING THAT HE'S ON THE LIST AGAIN. AND I THINK WHAT THE MAYOR WAS SAYING IS THAT HE ASKED YOU A QUESTION HOW DID YOU FOLLOW THE CITY — I'M NOT SAYING THAT YOU DIDN'T, BUT I THINK IT WAS AN OPPORTUNITY WHERE PROMOTION OF A MINORITY, THAT IS SOME OF THE THINGS THAT WE ARE PUSHING, ESPECIALLY IN YOUR DEPARTMENT BECAUSE OF THE LOW NUMBER OF AFRICAN AMERICANS AND HISPANICS. I WOULD THINK THAT WE WOULD TAKE THE INITIATIVE TO — TO USE EVERY MEASURES THAT WE COULD IN THE RIGHT WAY TO — TO PROMOTE THOSE MINORITIES. AND I WILL APPRECIATE YOUR EFFORTS THE NEXT TIME THAT WE WOULD DO THAT.

YES, SIR.

THOMAS: THANK YOU, SIR. I MOVE FOR APPROVAL.

MAYOR GARCIA: MOTION BY COUNCILMEMBER THOMAS. SECONDED BY ME. COUNCILMEMBER ALVAREZ YOU HAD A QUESTION?

ALVAREZ: YES. I WANTED SOME EXPLANATIONS ABOUT ALL THIS, BECAUSE I DON'T KNOW. I HAVEN'T HEARD AN EXPLANATION ABOUT, YOU KNOW, THE TIMING OF ALL OF THIS. IT SEEMS KIND OF ODD, IF YOU ASK ME, THAT, YOU KNOW, WE HAD THIS ON THE 14TH, THEN IT EXPIRED ON THE 20TH, THEN THIS CAME FORWARD LATER. I'M TRYING TO FIGURE OUT, WELL, WHAT — WHAT EXPIRED, WHAT IS THE POLICY HERE THAT'S SAYING THAT WE HAD TO CHANGE LISTS? I MEAN, I HAVEN'T GOTTEN AN ADEQUATE EXPLANATION.

FUTRELL: LET ME TAKE A SHOT AT IT. JIM, YOU JUMP IN IF I'M SAYING ANYTHING THAT'S INCORRECT. I BELIEVE THIS LIST LASTS FOR ONE YEAR.

THAT'S CORRECT.

FUTRELL: BY CIVIL SERVICE LAW, THE LIST IN ALMOST ALL RANKS EXCEPT FOR SOME OF THE HIGHER RANKS WHERE WE HAVE ASSESSMENT CENTER THROUGH THE MEET AND CONFER CONTRACT IT IS THE TEST SCORES THAT RANK EVERYONE WHO TOOK THAT TEST. THIS LIST STAYS GOOD FOR ONE YEAR. ANYONE WHO — THEN AS — FOR EACH RANK, THERE'S A LIST THAT'S GOOD FOR A YEAR. AS PEOPLE LEAVE, THERE'S ATTRITION, PEOPLE QUIT OR NEW POSITIONS ARE PUT IN, YOU GO DOWN THAT LIST. PRETTY MUCH WITHOUT EXCEPTION BY CIVIL SERVICE LAW. SO THAT MEANS AT THE END OF THE YEAR THE LISTS EXPIRE AND THAT MEANS SOMEONE CAN EXPIRE AT THE TOP OR CLOSE TO THE TOP OF THAT LIST WITHOUT HAVING MADE A PROMOTION. IN THIS CASE WHAT HAPPENED IS THAT WE BROUGHT AS PART OF THE WHOLE 5.2 MILLION DOLLAR PACKAGE OF THE REMAINING NEEDS OF THE POST 9-11 RESPONSE, WE BROUGHT THE FUNDING FORWARD FOR EVERYTHING IN THAT PACKAGE. BUT WHAT WE DIDN'T BRING FORWARD WAS THE ACTUAL CREATION OF THE JOBS WHICH IS A SPECIAL ORDINANCE. BY CIVIL SERVICE LAW THE VACANCY, WHATEVER LIST IS EFFECTIVE AT THE TIME THE VACANCY IS CREATED IS WHAT LIST YOU HAVE TO USE AND IN THIS CASE, BECAUSE WE BROUGHT THE FUNDING AND THEN LATER BROUGHT — IN FACT THERE'S ONE MORE COMING STILL, BROUGHT THE POSITIONS FORWARD LATER, WE WERE NOT ABLE TO USE THE OLD LIST BECAUSE THE LIST EXPIRE AND THERE WAS A NEW LIST. SO — SO CIVIL SERVICE LAW HOLDS US TO ONLY BEING ABLE TO USE THE LIST THAT'S VALID AT THE POINT AT WHICH THE POSITION IS CREATED. AND SO IF — ONCE AGAIN, IF I WAS LOOKING AT THIS IN TERMS OF A PROCESS IMPROVEMENT, IN OUR EFFORTS TO INCREASE DIVERSITY IN THE FIRE DEPARTMENT, WE SHOULD BE TAKING VERY CAREFUL, PAYING VERY CAREFUL ATTENTION TO THE LIST AND HOW WE BRING THE TIMING OF THESE ITEMS FORWARD. HAD WE REALIZED THAT WE HAD AN OPPORTUNITY HERE, WE WOULD HAVE BROUGHT ADDITIONAL ORDINANCES FORWARD AT THE SAME TIME YOU DID ALL OF THE BUDGET AMENDMENTS FOR THE REST OF THE PACKAGE. AND SO WE DID HAVE AN OPPORTUNITY THAT WAS LOST. THIS IS SOMETHING WE WILL BE — WE WILL TALK THROUGH, WE ARE FORTUNATE ON THE NEW LIST THERE ARE STRONG CANDIDATES, BOTH HISPANIC AND AFRICAN AMERICAN THAT ARE AT THE TOP OF THE LIST INCLUDING THE YOUNG MAN WHO MISSING OUT ON THIS OPPORTUNITY WITH THESE SET OF POSITIONS.

ALVAREZ: DO YOU KNOW — LET'S SEE. TALK TO ME ABOUT THIS WHOLE IDEA OF CREATING POSITIONS, BECAUSE I REMEMBER WHEN WE APPROVED THAT FUNDING, ASSISTANT CHIEF, DIVISION CHIEF, CAPTAIN POSITION, FIREFIGHTER POSITIONS, SO WHY WOULDN'T THAT CONSTITUTE CREATION OF THE POSITIONS IF — WHEN WE ARE SAYING WE ARE APPROVING THE FUNDING OF THESE POSITIONS, YOU KNOW, THAT THAT'S NOT HOW WE ARE DEFINING CREATION.

FUTRELL: I AM GOING TO LET THE LAW — AS YOU KNOW THE CIVIL SERVICE STATUTES ARE A STRANGE BREED OF LAWS. I'M GOING TO LET THE LAW DEPARTMENT EXPLAIN WHAT WAS MISSING AT THAT TIME.

UNDER CIVIL SERVICE LAW, A POSITION HAS TO BE CREATED BY ORDINANCE. IT SPECIFICALLY SAYS THAT. SO A REGULAR FUNDING ORDINANCE WOULD NOT BE SUFFICIENT TO ESTABLISH THE POSITION UNDER CIVIL SERVICE LAW. THE CIVIL SERVICE SYSTEM IS JUST HIGHLY REGULATED VERY STATUTORILY RESTRICTIVE.

ALVAREZ: HOW ARE THOSE TWO ORDINANCES DIFFERENT, I SUPPOSE, IF YOU COULD EXPLAIN THAT.

I DON'T HAVE THE BUDGET ORDINANCE IN FRONT OF ME, BUT I WOULD ASSUME THE BUDGET ORDINANCE WOULD JUST INDICATE FROM WHICH SOURCE OF FUNDS THE MONEY IS MOVING AROUND TO FUND VARIOUS PURPOSES. THE CLASSIFICATION ORDERANCE IS — IS WRITTEN IN A WAY REALLY TO TRACK THE STATUTORY REQUIREMENTS LET ME LOOK AT THIS ONE.

WE ALSO HAVE AN OLD HAND AT CIVIL SERVICE PERSONNEL, JOE —

AS I LOOK OVER THE ORDINANCE, WE ENUMERATE ALL OF THE ACTIVE POSITION, YOU WILL SEE THIS IN EVERY SINGLE CLASSIFICATION ORDINANCE. WE ALSO HAVE TO JUSTIFY THE REASON WHY WE ARE CREATING A POSITION IF THERE'S ANY POSITIONS THAT ARE BEING ELIMINATED, THAT HAS TO BE EXPLAINED WITHIN THE CLASSIFICATION ORDINANCE. THE BUDGET ORDINANCE AND THE CLASSIFICATION ORDINANCE DON'T SERVE THE SAME PURPOSE UNDER CIVIL SERVICE LAW.

FUTRELL: JOE, IS THERE ANYTHING THAT YOU CAN ADD TO THAT.

THAT'S EXACTLY THE CASE. IF YOU RECALL DURING THE BUDGET PROCESS YOU APPROVED THE BUDGET ORDINANCE, IF YOU WILL, BUT SUBSEQUENT TO THAT YOU ALWAYS APPROVE THE CLASSIFICATION ORDINANCE FOR FIRE AND YOU ALSO APPROVE THE CLASSIFICATION ORDINANCE FOR POLICE. AND IN THIS CASE, ANY TIME THERE'S A CHANGE IN THE NUMBER OF CLASSIFICATIONS, IT HAS TO — YOU HAVE TO AMEND THAT PARTICULAR ORDINANCE. WHILE YOU APPROVE THE FUNDING ORDINANCE ON THE 14TH, THERE WAS NO CLASSIFICATION ORDINANCE TO CONSIDER AT THAT TIME.

ALVAREZ: ONE LAST QUESTION. SO FEBRUARY 14TH, THAT'S THE DAY WE APPROVED THE TAX ANTICIPATION NOTE.

FUTRELL: I BELIEVE THAT IS THE DATE YOU APPROVED THE TAX ANTICIPATION NOTE AND THE REST OF THE FUNDING THAT WE USED TO FUND THAT WHOLE PACKAGE.

ALVAREZ: OKAY. THANK YOU. NO FURTHER QUESTIONS, MAYOR.

THOMAS: MAYOR, LET ME —

MAYOR GARCIA: QUESTION BY — DID I HEAR YOU CORRECTLY.

THOMAS: JUST A SECOND.

MAYOR GARCIA: SECONDED BY COUNCILMEMBER SLUSHER. COUNCILMEMBER THOMAS?

THOMAS: YES, IT'S BEEN SECONDED. OKAY, STILL OPEN FOR DISCUSSION.

MAYOR GARCIA: YES, WE ARE IN THE DISCUSSION NOW. EXPLAIN THAT TO ME ONE MORE TIME BECAUSE — CIVIL SERVICE — EXCUSE ME, LET ME SAY THIS. CIVIL SERVICE LAWS IS NOT AS COMPLICATED — IT IS COMPLICATED BUT I THINK WHAT WE NEED TO DO, WE MADE AN ERROR, WE MADE A MISTAKE, I THINK WE NEED TO GO AHEAD AND MAKE IT, SAY WHAT WE DID. WE MADE AN ERROR BECAUSE ALL THAT WHAT WE JUST TALKED ABOUT COULD HAVE BEEN AVOIDED. I THINK THAT WE JUST NEED TO MOVE ON FROM THAT ERROR. BUT I FEEL THAT BECAUSE WE PASSED IT IN TIME ENOUGH TO GET THAT PARTICULAR LIST PROMOTED BECAUSE WE HAD ENOUGH TIME AND IF WE WHEN DID THE RIGHT PROCEDURES WITH THE MONEY, THE BUDGET AND THE ORDINANCE THIS WOULD HAVE PASSED. I THINK THAT'S WHERE COUNCILMEMBER ALVAREZ WAS GOING. I THINK IT'S CLEAR. I HOPE THAT WE DON'T HAVE TO VISIT THIS AGAIN BECAUSE IT DOESN'T LOOK GOOD AT ALL. AND — AND IT REALLY TROUBLES ME THAT IT HAPPENED. BUT — BUT BECAUSE IF WE HAVE PEOPLE THAT ARE IN — THAT ARE IN POSITIONS THAT KNOW THAT WE ARE IN THAT AREA THAT WE ARE TRYING TO IMPROVE, THAT LIST SHOULD HAVE BEEN — THEY SHOULD HAVE BEEN AWARE OF WHAT WAS GOING ON. FROM THE CHIEF ON DOWN. THANK YOU. 7.

MAYOR GARCIA: MOTION AND A SECOND.

SLUSHER: MAYOR?

MAYOR GARCIA: COUNCILMEMBER SLUSHER.

SLUSHER: I AGREE WITH COUNCILMEMBER THOMAS ON THAT. AND I THINK AN ERROR WAS MADE. I DOUBT IT WAS AN INTENTIONAL ERROR, BUT I THINK IF THE FIRE DEPARTMENT — THE FIRE DEPARTMENT NEEDS TO BE AWARE OF HOW IMPORTANT THE DIVERSITY IS TO THE CITY COUNCIL, THE ELECTED BODY OF THIS CITY. AND BE ON THE LOOKOUT FOR OPPORTUNITIES TO CREATE DIVERSITY WITHIN THE LAWS BY — WITHIN THE CIVIL SERVICE LAWS AND SO I'M HOPING THAT THROUGH THIS MISTAKE THAT WAS MADE THAT — THAT THAT WILL HELP INCREASE THE AWARENESS AND THE VIGILANCE AND EAGERNESS TO LOOK FOR OPPORTUNITIES TO INCREASE DIVERSITY AND THAT — THAT WE CAN ACTUALLY TURN THIS MISTAKE INTO AN OPPORTUNITY AND INTO PROGRESS.

MAYOR GARCIA: MOTION AND SECOND. FURTHER DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7-0. WITH NOTES AS — AS MADE BY SEVERAL COUNCILMEMBERS. ITEM NO. 51, I THINK WE HAVE RESOLVED THAT ONE. PRETTY GOOD. THAT WAS ONE WAS THE ONE FOR — FOR THE — FOR THE CONTRACT ON THE PURCHASE OF REVERSE OSMOSIS, WE WERE TALKING ABOUT IT ON THIS ONE AND ON 57. WE WANTED TO KNOW — WHERE I THINK THIS WAS A QUESTION ASKED BY MR. WYNN, WHERE THIS PLANT IS IN ALIGNMENT FOR SH 130. AS I UNDERSTAND IT, AS I UNDERSTAND IT, MR. GARZA, SAM HILL IS 1500 FEET FROM THE PROPOSED ALIGNMENT OF SH 130.

YES, NO LESS THAN 1500 FEET, POTENTIALLY AS FAR AWAY AS 2500 FEET.

AND THE ANSWERS THAT YOU SENT US, YOU MENTIONED THAT THERE MAY BE SOME ACCESS ISSUES THAT NEED TO BE ADDRESSED.

> WE HAVE ACCESS THROUGH FALLWELL LANE RIGHT NOW. WE WANT TO BE ABSOLUTELY CERTAIN THAT OUR HEAVY EQUIPMENT CAN GET UNOR OVER, I IMAGINE IT WOULD BE UNDER THE ROADWAY. WE THINK IT'S GOING TO BE AN ELEVATED ROADWAY THAT WILL BE BUILT THERE. WE WOULD WANT TO BE ABLE TO GET OUR HEAVY EQUIPMENT UNDER IT TO GET TO THE PLANT. AND THE STATE — THE TEXDOT IS AWARE OF OUR CONCERNS. WE WILL CONTINUE MONITORING THAT.

MAYOR GARCIA: OKAY. COUNCILMEMBER WYNN, I DON'T REMEMBER WHAT OTHER QUESTIONS YOU HAVE OF THIS PARTICULAR ISSUE? WIN.

WYNN: IN REGARDS TO THE SHHH 30 I HAVE BEEN TOLD BY STAFF THAT THERE'S SEVERAL UPCOMING MEETINGS WITH TEXDOT OFFICIALS FOR THEM TO UNDERSTAND THAT PROXIMITY AND ACCESS ISSUE SO IT SEEMS TO BE ON THE RIGHT TRACK.

YES, SIR.

MAYOR GARCIA: OKAY. I WILL ENTERTAIN A MOTION ON ITEMS 51 AND 57.

WYNN: I WILL MOVE APPROVAL, MAYOR.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN, I WILL SECOND THAT MOTION. FURTHER DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO.? MOTION CARRIES ON A VOTE OF 7 TO 0 WITH EVERYBODY PRESENTS. NO. 6-0-1 WITH COUNCILMEMBER SLUSHER TEMPORARILY OFF THE DAIS. THE NEXT ITEMS THAT WE HAVE PULLED ARE ALL YOURS, COUNCILMEMBER WYNN. ITEMS 61, 66, 67 AND 716789 YOU CAN TAKE THEM IN THAT ORDER.

WYNN: YES, MAYOR, ITEM NO. 61, A COUPLE OF QUESTIONS FOR — FOR STAFF. THIS HE IS THE ISSUE OF US SPENDING APPROXIMATELY A MILLION DOLLARS TO INSERT A STEEL PLATE LINING IN OUR DOWNTOWN 66 INCH WATER LINE. THAT APPARENTLY WAS DAMAGED RELATIVELY RECENTLY. BY A PRIVATE CONTRACTOR. AND MY QUESTION, I WAS TOLD THAT THIS WAS IN SOME PART RELATED TO A SETTLEMENT OF EITHER AN AGREEMENT OR A SUIT ABOUT — ABOUT THAT DAMAGE. AND IS THE MILLION DOLLAR BEEN — THE NET COST TO THE CITY AFTER SOME REIMBURSEMENT OR SOME — SOME EXPENDITURE BY THE CONTRACTOR WHO DAMAGED THE LINE? OR JUST EXPLAIN TO ME THE COMPLEXITY HERE.

GOOD EVENING MAYOR AND COUNCIL, MY NAME IS CHRIS LIPPY, DIRECTOR OF THE WATER AND WASTEWATER DEPARTMENT. ON THIS ITEM, $938,000 IS THE TOTAL CONSTRUCTION COST AND THE SETTLEMENT PORTION OF THIS PROJECT IS ROUGHLY $120,000, 100,000 OF THAT IS CASH AND 20,000 IS IN TERMS OF AN EXCAVATION, SOME OF THE — SOME OF THE PROJECT WORK ON THIS — ON THIS PROJECT. TO PUT IT IN PERSPECTIVE, THIS IS AN IMPROVE PROJECT THAT WE BELIEVE WAS NECESSARY IN THIS AREA. THE SETTLEMENT IS A SMALL PORTION. THERE HAPPENS TO BE A SETTLEMENT THAT'S PART OF THIS PROJECT, BUT THE $100,000 OR THE — YES, THE $120,000 VALUE THAT WE RECEIVED FROM — FROM THE CONTRACTOR WE BELIEVE IS A FAIR SETTLEMENT. THAT'S BASED ON THE COST OF REPAIRING THE DAMAGE THAT WAS DONE BY THAT CONTRACTOR. THE REMAINDER OF THIS PROJECT IS MORE RELATED TO RISK MANAGEMENT OF A MAJOR TRANSMISSION LINE IN AN AREA DOWNTOWN AND WHEN YOU CONSIDER SOME OF THE FEATURES IN THE TWO BLOCK AREA ALONG SECOND STREET, THAT — WHERE THIS LINE IS RUNNING, THERE'S — THE LARGEST CONCERN IS A PEDESTRIAN WALKWAY, A PEDESTRIAN TUNNEL THAT'S — THAT'S PARALLEL TO AND THEN CROSSES THE PATH OF THIS TRANSMISSION MAIN, WHICH IS VERY HIGH VOLUME AND HIGH PRESSURE WATER LINE IN THE AREA. SO — SO RISK MANAGEMENT IN TERMS OF — OF POTENTIAL FAILURE OF SUCH A LINE AT ANY TIME WOULD BE — WE BELIEVE WOULD BE CATASTROPHIC AND WE BELIEVE THAT WE NEED IT TO REINFORCE THE LINE ALONG THIS TWO BLOCK AREA. SO THAT'S THE REMAINDER OF THE PROJECT IS — GOES BEYOND JUST THE SIMPLE REPAIR RELATED TO THE HIT BY THE CONTRACTOR.

WYNN: SO IN THEORY IF — IF ANOTHER CONTRACTOR IN THE FUTURE HITS THE LINE, WE THINK THIS IS A — A REMEDY FOR THAT? I MEAN —

IT WOULD CERTAINLY BE HARDER TO DAMAGE THE LINE IN THIS AREA. BECAUSE OF THE STEEL LINING INSIDE THE — INSIDE THE PIPE. RIGHT. BUT EVEN WITHOUT SUCH HITS, IT'S NOT UNCOMMON TO ENCASE WATER LINES IN CERTAIN AREAS WHERE ACCESSIBILITY IS GOING TO BE DIFFICULT IN THE FUTURE, LIKE UNDER A STATE HIGHWAY, FOR EXAMPLE. OR WHERE THERE'S — WHERE THERE'S A SIGNIFICANT RISK FOR WHATEVER REASON, SUCH AS IN THIS CASE THE PEDESTRIAN TUNNEL AND TWO — TWO UNDERGROUND PARKING GARBAGES. THE TYPE — GARAGES, THE TYPE OF DAMAGE AND LIABILITY THAT COMES FROM THIS — WHERE THIS TRANSMISSION LINE IS RUNNING IS WHAT LED US TO DECIDE TO DO SOME IMPROVEMENTS ALONG IN THIS AREA.

FUTRELL: IN FACT, CHRIS, I BELIEVE YOU ALSO CONSIDERED MOVING THIS WATER LINE ALTOGETHER BECAUSE OF THE LEVEL OF CONSTRUCTION ACTIVITY THAT'S HAPPENING IN THESE BLOCKS AND DECIDED THIS WOULD BE MORE COST EFFECTIVE.

THAT'S CORRECT. WE — WHEN — OUR AWARENESS WAY ARAISED — THE AWARENESS WAS ARAISED — WAS RAISED ABOUT CONCERNS IN THIS JURY AND SOME OF THE RISKS AND SO WE CONSIDERED ALTERNATIVES. ONE ALTERNATIVE WAS RELOCATING, REROUTING THE LINE DOWN THIRD STREET. BUT THE NUMBER OF UTILITIES AND — IN THE AREA AND THE POTENTIAL CONFLICTS OF ANOTHER ROUTE MADE THAT OPTION A HIGHER COST THAN WHAT WE HAVE PROPOSED. SO — WE WENT WITH THE LINING ALTERNATIVE.

WYNN: MAYOR, I WILL MOVE APPROVAL OF ITEM NO. 61.

MAYOR GARCIA: MOTION BY COUNCILMEMBER WYNN ON ITEM NO. 61. IS THERE A SECOND?

THOMAS: SECOND.

MAYOR GARCIA: SECONDED BY COUNCILMEMBER THOMAS. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 6 TO 0 TO 1 WITH COUNCILMEMBER SLUSHER TEMPORARILY OFF THE DAIS. ITEM NO. 66.

WYNN: THANK YOU, MAYOR, MR. LIPPY IS HANGING AROUND ME TONIGHT. THIS IS THE VERY LARGE CONSTRUCTION PROJECT OF OUR WALNUT CREEK WASTEWATER TREATMENT PLANT. IN THE BACKUP, MR. LIPPY, I SEE AS PARTS OF THIS CONTRACT WE HAVE A PENALTY — A DAILY PENALTY IN THE CONTRACTOR DOESN'T FINISH THE CONTRACT OF A CERTAIN TIME, I'M NOT SURE WHAT THAT DATE IS. BUT — BUT WE — THE REASON WE HAVE THAT APPARENTLY IS BECAUSE THE TREUNG HAS BEEN LOOKING — TNRCC HAS BEEN LOOKING OVER OUR SHOULDER AND HAS BEEN VERY MUCH ENCOURAGING US TO GET THIS THING FINISH. WHEN I ASKED IT APPEARS THAT THE POTENTIAL PENALTY TO THE CITY FOR NOT HAVING THIS COMPLETED ON TIME IS APPROXIMATELY 10 TIMES THE DAILY PENALTY THAT — THAT WE HAVE EMBEDDED IN THIS CONSTRUCTION CONTRACT. I GUESS THAT BEGS THE QUESTION WHY SHOULD, YOU KNOW, WHY SHOULD WE TAKE 90% OF THAT RISK ON A CONSTRUCTION PROJECT LIKE THIS.

THE CONTRACT DURATION IS 660 DAYS. SO IT'S ALMOST A TWO YEAR CONSTRUCTION CONTRACT. IT'S TRUE THE TNRCC PEP NATIONALITY FOR PERMIT VIOLATIONS IS $27,500 A DAY. I GUESS THE EXPLANATION FOR THIS IS THAT THAT — THERE'S — IT'S NOT AN AUTOMATIC PENALTY. IF WE DON'T COMPLETE THIS PROJECT BY THE SCHEDULED CONSTRUCTION DATE, IT'S BY NO MEANS AN AUTOMATIC PENALTY FROM TNRCC. THAT'S FOR PERMIT VIOLATIONS AND THOSE WOULD BE RELATED TO TYPICALLY THE WET WEATHER, FLOWS. THEY WOULD BE TYPICALLY LIMITED TO A FEW DAYS DURATION. SO WE BELIEVE THE — IT'S NOT — IT'S NOT A DAY TO DAY, 27,500-DOLLAR FINE FROM TNRCC. IT'S RELATED TO PERMIT VIOLATIONS. THE STATE HAS NOT INDICATED TO US THAT WE ARE UNDER A THREAT OF SUCH PERMIT VIOLATIONS. WE HAVE BEEN COMMUNICATING WITH THE STATE AS OUR FLOWS HAVE INCREASED OVER THE LAST FEW YEARS, WE ARE APPROACHING THE PERMIT LIMIT. AND SO IT'S VERY PREDICTABLE THAT WE DO NEED TO HAVE THIS PLANT UPGRADED FOR HIGHER CAPACITY IN A SHORT WHILE. IN FACT WE HAVE HIT THE UPPER LIMIT ON FLOW, ALTHOUGH ALL OF THE WATER QUALITY PARAMETERS WERE WELL BELOW. WE HAVE HIT THE FLOW PERMIT LIMIT. SO, OF COURSE, WE COMMUNICATED AND DISCUSSED THAT WITH TNRCC. TOLD THEM WHAT OUR PLANS ARE FOR — FOR EXPANDING THE PLANT AND THAT'S THE SCHEDULE THAT'S IN THE BACKUP WHERE WE HAVE — SEVERAL LETTERS BETWEEN THE CITY AND THE STATE INDICATING WHAT OUR MAN'S ARE, WHEN WE — WHAT THE SCHEDULE IS FOR BEGINNING AND ENDING CONSTRUCTION, SO WE ARE ON THAT SCHEDULE. IT'S JUST IMPORTANT TO US TO STAY ON THAT SCHEDULE AN THAT'S WHY — THAT'S WHY WE HAVE AN INCENTIVE IN THE — IN THIS PROPOSED CONTRACT FOR FINISHING EARLY. AND — THE LIQUIDATED DAMAGES FOR BEING LATE OR BASED MORE JUST ON THE DAY TO DAY PROJECT MANAGEMENT COSTS. IT'S KIND OF A STANDARD FORMULA BASIS FOR THE LIQUIDATED DAMAGES SIDE. IT DOES NOT INCLUDE THE — THE TNRCC PENALTY.

WYNN: SO BY NOT FINISHING THIS PROJECT ON THE EXACT COMPLETION DATE, IT DOESN'T AUTOMATICALLY TRIGGER A FINE FROM TNRCC AND IN FACT WE COULD EASILY BE AHEAD OF SCHEDULE DURING CONSTRUCTION AND SOME OF IT COULD — COULD TRIGGER THAT INDEPENDENT OF THAT AND WE COULD BE SLAPPED WITH A FINE INDEPENDENT OF THIS CONSTRUCTION PROJECT.

THAT'S TRUE, TOO.

WYNN: OKAY. MAYOR, I WILL MOVE APPROVAL OF ITEM NO. 66.

MAYOR GARCIA: I'M GOING TO SECOND THAT ONE. I HAVE A QUICK QUESTION. THIS IS A — A PRETTY LARGE PROJECT, $17 MILLION. OUR M.B.E. AND W.B.E. PARTICIPATION — OUR — PARTICIPATION IS RATHER LOW. IS THAT BECAUSE OF THE SPECIAL NATURE OF THIS.

IT IS, BUT THERE'S SOME HOPE FOR APPROVING THAT, REASON THAT WOULD..................—RENADL — RENALDO CANTU HAS MORE INFORMATION ON THAT SINCE THIS BID.

WE HAVE BEEN IN CONTACT WITH THE CONTRACTOR, PRIME LOW BIDDER FOR THIS CONTRACT, THEY HAVE EXPRESSED AN INTEREST IN PURSUING SUBCONTRACTING OPPORTUNITIES THAT THEY DID NOT IDENTIFY IN THE BIDDING OF THIS PROJECT. WE ARE WORKING WITH THEM TO IDENTIFY THE AVAILABILITY LIST FOR THOSE SUBCONTRACTING OPPORTUNITIES. SO THAT THEY CAN MAKE EFFORTS TO — TO ACHIEVE THE GOALS.

MAYOR GARCIA: FURTHER QUESTIONS? ARE WE GOING TO — ARE WE GOING TO BE NOTIFIED BY MEMORANDUM OR OTHERWISE AS TO HOW THAT — THAT PROCESS IS WORKING? OF INCREASING M.B.E. W.B.E. PARTICIPATION? WE CAN GET WITH THE DIRECTOR OF DSMBR. ONE OTHER THING IS ONE OF THE NON-CERTIFIED FIRMS THAT'S LISTED UNDER THE ELECTRICAL HAD LET THEIR CERTIFICATION LAPSE. THEY ARE A HOUSTON FIRM AND THEY HAD BEEN PREVIOUSLY CERTIFIED BY THE CITY OF AUSTIN. THEY WERE IN THE PROCESS OF GETTING THAT CERTIFICATION RENEWED. SO THAT — THAT WILL ALSO INCREASE THE — THE M.B.E. PARTICIPATION ON THE CONTRACT. BUT WE WILL WORK WITH DSMBR TO GET YOU UPDATES ON THAT INFORMATION.

MAYOR GARCIA: IF YOU COULD KEEP THE COUNCIL BRIEFED ON THAT ONE, I WOULD APPRECIATE IT.

CERTAINLY.

MAYOR GARCIA: FURTHER QUESTIONS ON ITEM NO. 66.

LET ME JUST ADD THAT THAT ADDITIONAL CERTIFICATION IS A 2.9 MILLION DOLLAR SUBCONTRACT, SO IT'S A SIGNIFICANT INCREASE IN THE — IN THE M.B.E.

MAYOR GARCIA: OKAY. ALL THOSE IN FAVOR OF THE MOTION SIGNIFY BY SAYING AYE.

AYE. OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7-0. NUMBER 67, COUNCILMEMBER WYNN.

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