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: FATHER PAUL MCCALLUM FROM ST. PAUL'S CATHOLIC CHURCH WILL BRING US THE INVOCATION. FATHER? GOOD MORNING AND WELCOME.

THANK YOU. I'M GLAD TO BE HERE. AND I LEARNED WHENEVER I GO TO A PLACE I DON'T KNOW HOW TO GET THERE, I ALWAYS LEAVE EARLY. SO THAT I NEVER KNOW WHAT TRAFFIC I'M GOING TO MEET. BUT I APPRECIATE THE FACT THAT YOU INVITED ME HERE TODAY. SO WE ASK -- ASK GOD TO HELP US IN A VERY SPECIAL WAY BECAUSE YOU ARE THE LEADERS OF THIS GREAT CITY OF AUSTIN. AND WE HAVE A GREAT UNIVERSITY HERE. AND WE ESPECIALLY APPRECIATE ALL THE ADVICE AND THE HELP THAT THE CITY COUNCIL GIVES. BUT WE ASK THE LORD AND ESPECIALLY THROUGH THE HOLY SPIRIT TO GUIDE YOU, BECAUSE ANY LEADERSHIP ROLE IS NOT ASALWAYS AS SAYS AS WE THINK SOMETIMES IT IS. SO WE DEFINITELY NEED THE HELP OF THE HOLY SPIRIT. WHATEVER DECISIONS WE MAKE, SPECIALLY FOR THE BENEFITS OF THE PEOPLE. WE ASK THAT YOU CONTINUE TO GUIDE OUR LEADERS OF OUR CITY OF AUSTIN AND CONTINUE TO HELP US IN A VERY SPECIAL WAY TO -- TO BE CLOSE TO YOU. AND I WOULD ASK THAT WE CONCLUDE THIS INVOCATION WITH THE -- THE BEST PRAY THAT ANYONE CAN EVER IMPROVE OR SAY, AND THAT'S THE LORD'S PRAYER. OUR FATHER, WHO ART IN HEAVEN, HALLOWED BE THY NAME. THY KINGDOM COME, THY WILL BE DONE. GIVE US THIS DAY OR DAILY BREAD AND FORGIVE US OUR TRESPASSES AS WE FORGIVE THOSE WHO TRESPASS AGAINST US AND LEAD US NOT INTO TEMPTATION, BUT DELIVER US FROM EVIL. WE ASK AT THIS TIME TO GUIDE OUR PRESIDENT, PRESIDENT BUSH, BECAUSE THIS IS A VERY DIFFICULT AND -- POSITION HERE IN OUR WORLD, ESPECIALLY AT THIS TIME. AND THAT WE PRAY FOR PEACE. AND WE PRAY THAT TERRORISM WILL BE -- WILL BE PUT OUT OF OUR COUNTRY AND OUR WORLD AND THAT PEOPLE WILL LEARN TO LIVE AND GET ALONG WITH ONE ANOTHER AND THAT ALL RACES, ALL CREEDS AND ALL NATIONALITIES WORK TOGETHER WITH CHRIST AS THEIR LEADER. IN YOUR NAME WE ASK THIS THROUGH CHRIST OUR LORD, AMEN.

Mayor Garcia: AMEN. THANK YOU, FATHER. AS SOON AS WE GET MORE COUNCILMEMBERS, WE WILL CALL THIS MEETING TO ORDER AND GET ON. WE WILL -- THE ORDER OF BUSINESS TODAY WILL BE, FIRST, BRIEFINGS. ON THE BUDGET FROM -- FROM PRIMARY CARE FIRST. AND FOLLOWING THAT, A BRIEFING FROM THE HOUSING FOLKS AND WE WILL HAVE A BRIEFING FROM THE CITY OF AUSTIN LOCAL RIVER AUTHORITY WATER SUPPLY IMPACT COMMITTEE. LOWER COLORADO RIVER AUTHORITY WATER SUPPLY IMPACT COMMITTEE AND A BRIEFING ON ALTERNATIVE PURCHASING AND CONSTRUCTION PROCUREMENT METHODS. THAT'S THE SEQUENCE THAT WE WILL FOLLOW. WE HAD TWO -- WE HAD TWO COUNCILMEMBERS. I'M GETTING SHH FEEDBACK. I THINK -- SOME FEEDBACK. I THINK THAT WE HAVE TOO MUCH VOLUME. THERE WE GO. THANK YOU.

COUNCILMEMBER ALVAREZ, DUNKERLY, AND WIN ARE HERE, COUNCILMEMBER DUNKERLY IS ABOUT TO ARRIVE. AT THIS TIME I WILL CALL TO ORDER THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL, IT'S THURSDAY, AUGUST THE 29TH, 2002. WE ARE IN THE BOARD ROOM AT THE LOWER COLORADO RIVER AUTHORITY, HANCOCK BUILDING, 3700 LAKE AUSTIN BOULEVARD. AND LIKE I INDICATED EARLIER, IT'S AUGUST THE 2E9D. IT IS 10:17. I WILL CALL THE MEETING NOW TO ORDER. WE WILL GO INTO THE FIRST BRIEFING, WHICH IS -- WHICH IS PRIMARY CARE. WE HAVE MS. TRICIA AND CHIEF McDONALD HERE.

GOOD MORNING, MAYOR, COUNCIL. WE ARE PLEASED TO PRESENT TO YOU THIS MORNING THE REMAINING PRESENTATIONS FOR THE FY '03 COMMUNITY SERVICES PRESENTATIONS FOR THE NEW BUDGET. THEY CAN BE FOUND IN A -- IN VOLUME II OF YOUR -- OF YOUR BUDGET VOLUMES. WITH US THIS MORNING IS TRISH YOUNG FROM THE COMMUNITY CARE, FORMERLY PRIMARY CARE. AFTER HER PRESENTATION WILL BE PAUL HILGERS FROM THE HOUSING DEPARTMENT. MS. YOUNG?

MAYOR, COUNCILMEMBERS, GOOD MORNING. I WOULD LIKE TO PRESENT TO YOU -- CAN YOU HEAR ME OKAY? PRESENT TO YOU THE BUDGET FOR THE COMMUNITY CARE SERVICES DEPARTMENT FOR FISCAL YEAR '03. I WOULD LIKE TO POINT OUT THAT THE NAME OF THIS DEPARTMENT WAS FORMERLY THE PRIMARY CARE DEPARTMENT AND THE LAST SEVERAL MONTHS WE HAVE CHANGED THAT TO REFLECT THE ADDITION OF THE NEW HOSPITAL WITHIN A HOSPITAL, SO WE DO REFER TO IT AS A COMMUNITY CARE SERVICES DEPARTMENT. I WILL SPEAK TO YOU ABOUT THE PRIMARY CARE DIVISION BUDGET AS WELL AS THE EXPECTATIONS FOR THE NEW HOSPITAL IN THE COMING YEAR. THE PRIMARY CARE DIVISION BUDGET IS PRESENTED IN POLICY BUDGET PAGES 60 THROUGH 66 AND IN DETAIL IN VOLUME 2, PAGES 210 THROUGH 260. THE NEXT SLIDE REGARDING OUR BUDGET OVERVIEW, OUR OPERATING BUDGET FOR THE PRIMARY CARE DIVISION FOR FISCAL YEAR '03 IS 23.4 MILLION. THE NUMBER OF F.T.E.'S BUDGETED FOR THE PRIMARY CARE OPERATIONS ARE 271.58. YOU WILL SEE A CAPITAL BUDGET ITEM OF 8.9 MILLION FOR THE NEW CITY HOSPITAL. I WILL SPEAK MORE IN DETAIL ABOUT THE NEW CITY HOSPITAL AFTER THE PRIMARY CARE DIVISION. THE GRAPH REFLECTS OUR SOURCES OF FUNDS AS YOU CAN SEE. THEY ARE VARIED. THEY DO REFLECT SIMILAR FUNDING FROM THE CITY AND THE COUNTY FROM FISCAL YEAR '02 IN TERMS OF CONSTANT SUPPORT. OUR MEDICAID AND MEDICARE REVENUES, CHIP, PATIENT FEE REVENUES REPRESENT A CONTINUED SOURCE OF SUBSTANTIAL SUPPORT OF THE CLINIC SYSTEM. GOING TO THE NEXT SLIDE, PRIMARY CARE DIVISION STAFFING, WE DID HAVE A CHANGE IN OUR STAFFING FROM FISCAL YEAR '02 TO '03 I WOULD LIKE TO EXPLAIN THIS TO YOU. OUR TO THE F.T.E.'S INCREASED FROM 2.58 TO 271.58 BETWEEN THE FISCAL YEARS. 258.58 TO 271.58. OUR STAFFING FOR THE PRIMARY CARE DIVISION HAS REMAINED CONSTANT. WE HAVE, AS WE DISCUSSED YESTERDAY IN THE HEALTH AND HUMAN SERVICES PRESENTATION, THE DAVID POWELL CLINIC HAS BEEN -- WILL BE -- THE BUDGET FOR DAVID POWELL WILL BE TRANSFERRED TO THE PRIMARY CARE DEPARTMENT EFFECTIVE OCTOBER FIRST. THE DAVID POWELL CLINIC WAS GRANTED FQHC STATUS ACTUALLY DURING THIS CURRENT FISCAL YEAR. WE HAVE BEGUN OPERATIONAL INTEGRATION OF THE DAVID POWELL CLINIC, BUT HAD NOT YET INTEGRATED THEIR FINANCIAL BUDGET WITHIN OUR DEPARTMENT. SO THE INCREASE IN F.T.E.'S REFLECTS A TRANSFER OF DAVID POWELL F.T.E.'S, TWO ADDITIONAL F.T.E.'S FROM OTHER DEPARTMENTS. EXCUSE ME ONE RELATED TO THE DAVE POWELL COUNTY REIMBURSED FUND. ONE INCREASE -- ONE TRANSFER FROM ANOTHER DEPARTMENT. AND WE HAVE ALSO ADDED SIX NEW F.T.E.'S THAT REFLECT STAFF THAT WILL WORK ON THE NEW CITY HOSPITAL. THOSE F.T.E.'S WILL BE TRANSFERRED TO THE HOSPITAL OPERATING BUDGET, ONCE WE BRING THAT FOR YOUR CONSIDERATION IN THE SPRING OF NEXT YEAR. I WOULD LIKE TO SHARE WITH YOU OUR PRIMARY CARE DIVISION GOALS FOR THE COMING FISCAL YEAR. IT IS OUR INTENT TO MAINTAIN THE ENHANCED LEVEL OF ACCESS THAT WE HAVE ACHIEVED IN THE CURRENT FISCAL YEAR WITH NO ADDITIONAL CLINIC STAFF. AND I WILL -- IN JUST A MINUTE TALK WITH YOU ABOUT THE INCREASE IN ACCESS THAT WE HAVE BEEN ABLE TO ACHIEVE. IT'S OUR OBJECTIVE TO OBTAIN WHERE POSSIBLE ADDITIONAL FEDERAL GRANT SUPPORT TO FURTHER EXPAND OUR MEDICAL CAPACITY. WE HAVE FOUND THAT WE CAN ADD ADDITIONAL PROVIDERS AND CLINICS, WHAT WE CALL DIRECT CLINIC STAFF, DIRECT CARE STAFF TO OUR EXISTING STRUCTURE WITHOUT ADDING TO OVERHEAD. AND BY LEVERAGING THE FEDERAL DOLLARS, WE CAN -- WE CAN EXPAND OUR CAPACITY FOR PATIENT ACCESS IN THE COMMUNITY WITHOUT ADDING TO OUR ADMINISTRATIVE BURDEN. OUR OBJECTIVE IN THE NEXT YEAR ALSO WILL BE TO FULLY INTEGRATE THE DAVID POWELL CLINIC AND TO THE COMMUNITY HEALTH CARE SYSTEM, BOTH COMPLETE OPERATIONAL INTEGRATION AS WELL AS FINANCIAL. I WOULD LIKE TO TALK TO YOU ABOUT WHAT WE HAVE SET IN THE CURRENT YEAR BECAUSE IT DOES EFFECT OUR OBJECTIVES FOR THE FOLLOWING YEAR. THIS TIME LAST YEAR WE CHANGED TO A DIFFERENT METHOD OF SCHEDULING IN OUR CLINIC SYSTEM. IT'S BEEN REFERRED TO AS OPEN ACCESS. IT'S ALWAYS BEEN REFERRED TO AS DEMAND SCHEDULING. THAT FUNDAMENTAL SHIFT IN HOW WE SCHEDULE PATIENTS HAS INCREASED OUR MEDICAL VISITS. WE ARE PROJECTING APPROXIMATELY 13% FOR THE FISCAL YEAR IN TOTAL. THAT -- THAT INCREASE IN EFFICIENCY WAS ACHIEVED WITHOUT ANY ADDITION OF AN ADMINISTRATIVE COST. THE FEDERAL GRANT DOLLARS THAT WE OBTAINED LAST SEPTEMBER ALLOWED US TO ADD AN ADDITIONAL IF I SEE, ALLOWED -- ADDITIONAL PHYSICIAN, TWO DENTISTS AND SUPPORT STAFF AND ALSO GAVE US THE ABILITY TO ADD A MENTAL HEALTH COUNSELING PROGRAM WHICH WE HAD NO HAD IN THE PAST. WE ARE ALSO FOCUSING, THIS CURRENT YEAR WILL EXPAND OUR EFFORTS INTO NEXT YEAR ON CONTAINING OUR PRESCRIPTION DRUG COSTS. WE HAVE AGGRESSIVELY -- WE HAVE AGGRESSIVELY GONE AFTER WHAT ARE REFERRED TO AS FREE DRUG PROGRAMS OR FREE PRESCRIPTION DRUG PROGRAMS. WHERE THE PHARMACEUTICAL COMPANIES WILL TO THE EXTENT THAT WE CAN DEMONSTRATE THAT OUR PATIENTS MEET THEIR INDIGENT CARE QUALIFICATIONS, THEY WILL PROVIDE FREE PRESCRIPTION DRUGS FOR US TO RESIDE TO OUR PATIENTS. -- FOR US TO PROVIDE TO OUR PATIENTS. THAT EFFORT HAS CONTAINED OUR PHARMACY COSTS PER VISIT. ON THE NEXT SLIDE, I WANTED TO DEMONSTRATE TO YOU THE ACTUAL INCREASE IN PATIENT VISITS THAT WE HAVE BEEN ABLE TO ACCOMPLISH THIS YEAR. AS YOU CAN SEE IN FISCAL YEAR 2001, WE SAW 107,000 107,000 PATIENT VISITS, ALMOST 108,000. WE ARE PROJECTED -- WE EXPECT THAT BY THE END OF THIS FISCAL YEAR THAT WOULD HAVE INCREASED TO $120,348. WE ARE PROJECTING THAT SAME VOLUME, ANTICIPATING WE WILL CONTINUE THAT LEVEL BUT CANNOT SEE ADDITIONAL PATIENTS WITHOUT ADDITIONAL STAFFING. WITH REGARD TO OUR PRESCRIPTION DRUG PROGRAMS THAT WE'VE AGGRESSIVELY PURSUED, WE ARE ESTIMATING THAT WE WILL SAVE 1.1 MILLION IN THIS CURRENT FISCAL YEAR AND OUR EFFORTS ON -- ON THOSE PROGRAMS PLUS EXPANDING ACCESS TO THOSE PROGRAM, WE EXPECT TO ACHIEVE OVER 2 MILLION IN PHARMACY DRUG SAVINGS OR PRESCRIPTION DRUG SAVINGS IN THE NECK FISCAL YEAR. THAT IS IN LIGHT -- IN THE NEXT FISCAL YEAR. THAT IS IN LIGHT OF THE EVER INCREASING PRESCRIPTION VOLUME. WE ARE ACTUALLY INCREASING THE NUMBER OF SCRIPTS THAT WE DISPENSE TO PATIENTS EACH YEAR, THAT IS DIRECTLY RELATED TO THE INCREASE IN VOLUME OF PATIENTS THAT WE'RE SEEING. FOR THIS CURRENT FISCAL YEAR WE EXPECT TO DISPENSE ABOUT 203,000 PRESCRIPTIONS AND NEXT YEAR THAT'S PROJECTED TO BE 215,000. OUR FOCUS ON OPERATIONAL EFFICIENCYIES INCLUDE EXPANDING THE PRESCRIPTION DRUG COST RECOVERY PROGRAM, INTEGRATE THE DAVID POWELL CLINIC BILLING AND COLLECTION SYSTEMS INTO THIS COMMUNITY HEALTH CENTERS BILLING AND COLLECTION SYSTEM. WE EXPECT THAT THAT WILL IMPROVE REIMBURSEMENT FOR THE DAVID POWELL CLINIC AND INCREASE THEIR ABILITY TO EXPAND ACCESS FOR PATIENTS. AS STATED BEFORE, WE WILL AGGRESSIVELY PURSUE FEDERAL GRANTS TO PAY FOR ADDITIONAL CLINIC STAFF AND ALLOW FULLER UTILIZATION OF OUR EXISTING FACILITIES. WE HAVE JUST RECENTLY SUBMITTED WHAT IS REFERRED TO AS A MEDICAL EXPANSION GRANT TO HESRA [ PHONETIC ] .WE BEEN SUCCESSFUL IN THE GRANT DOLLARS THAT THEY AWARDED TO US LAST FALL AND HAVE INVITED US TO APPLY FOR ADDITIONAL DOLLARS TO EXPAND OUR CAPACITY AND WE ARE HOPEFUL THAT WILL BE SUCCESSFUL. IN MR. LOWRY'S PRESENTATION YESTERDAY HE MENTIONED THE HOPING OF THE -- OPENING OF THE NEW HOMELESS SHELTER NEXT FISCAL YEAR IN OCTOBER IT IS OUR INTENTION TO TRANSFER OUR CURRENT SMALL CLINIC THAT OPERATES AT THE SALVATION ARMY HOMELESS CENTER TO THE CITY'S NEW SHELTER AND WE WILL APPLY FOR ADDITIONAL GRANT DOLLARS UNDER THE HOMELESS CATEGORY TO TRY TO EXPAND THAT OPERATION. AGAIN, THESE ARE COMPETITIVE GRANTS, WE ARE NOT ASSURED OF SUCCESS IN APPLYING FOR THEM, BUT WE FEEL WE HAVE A GOOD POSSIBILITY OF THOSE -- OWE OUR APPROACH IS NOT TO CREATE A SEPARATE ADMINISTRATIVE STRUCTURE FOR THAT HOSPITAL BUT RATHER TO UTILIZE EXISTING ADMINISTRATION ACTIVE STRUCTURE FOR THE PRIMARY CARE DEPARTMENT AND ADD RESOURCES WHERE WE NEED TO TO COMBINE TO SUPPORT BOTH OF THOSE -- BOTH THE ACUTE CARE FUNCTION AS WELL AS THE PRIMARY CARE FUNCTION. I WOULD LIKE TO TALK WITH YOU A MOMENT ABOUT OUR DEVELOPMENT ACTIVITIES OVER THE NEXT YEAR. OF COURSE WE HAVE MENTIONED BEFORE THE NEW CITY HOSPITAL. AND THERE IS A CAPITAL APPROPRIATION OF 8.9 MILLnnnnnnnnnnnnnnnnnnnnn (VIDEO PROBLEMS PLEASE STANDS BY) WE WILL BE BRINGING AN OPERATING BUDGET FOR THE NEW CITY HOSPITAL TO YOU NEXT SPRING. WE EXPECT THE HOSPITAL TO BE OPERATIONAL IN JULY OF NEXT FISCAL YEAR. WE ARE IN THE PROCESS OF EVALUATING THE FEASIBILITY OF ESTABLISHING AN URGENT CARE CENTER. WE WILL BRING FORTH A PROPOSAL ON THAT TO INCLUDE THE FUNDING SOURCE. AND AS YOU KNOW, WE ARE IN -- WE ARE AN ACTIVE -- IN ACTIVE DEVELOPMENT ON A HOSPITAL -- OR HEALTH CARE DISTRICT CONCEPT AND WE WILL BE WORKING WITH OTHER CITY MEMBERS AS WELL AS MEMBERS OF THE COMMUNITY AND BRINGING FORTH THAT PROJECT FOR YOUR APPROVAL AS WELL. MAYOR, I WOULD LIKE TO COMMENT BRIEFLY. YOU MENTIONED YESTERDAY ABOUT PROJECT ACCESS. AND I WOULD LIKE TO JUST ADD A LITTLE BIT MORE INFORMATION ABOUT THAT. I THINK EVERYONE IS AWARE THAT THE CITY IS A -- IS A MAJOR PARTICIPANT IN THE COMMUNITIES INDIGENT CARE COLLABORATION, WHICH ALSO INCLUDES THE SETON HEALTH CARE SYSTEM, ST. DAVID'S HEALTH CARE SYSTEM, AUSTIN TRAVIS COUNTY MENTAL HEALTH AND MENTAL RETARDATION AND MOST ALL INDIGENT CARE PROVIDERS IN TRAVIS COUNTY AS WELL AS INDIGENT CARE PROVIDERS IN WILLIAMSON AND HAYS. TRAVIS COUNTY MEDICAL SOCIETY IS A MEMBER OF THE INDIGENT CARE COLLABORATION, WE HAVE WORKED -- COOPERATIVELY WITH TRAVIS COUNTY TO DEVELOP AND IMPLEMENT THE PROJECT ACCESS CONCEPT. PROJECT ACCESS WILL BASICALLY RECRUITS IF I SEES IN THE COMMUNITY, IF I SEES THAT ARE NOT NECESSARILY -- PHYSICIANS THAT ARE NOT NECESSARILY CURRENTLY OR ON A LIMITED BASIS PROVIDING ACCESS TO PATIENT WHO ARE UNINSURED. THIS PROJECT ATTEMPTS TO RECRUIT BOTH PRIMARY CARE PROVIDERS AS WELL AS SPECIALTY CARE PROVIDERS TO BASICALLY INCREASE THE ACCESS TO HEALTH CARE FOR THOSE MEMBERS IN OUR COMMUNITY WHO DO NOT HAVE INSURANCE COVERAGE. EITHER COMMERCIAL INSURANCE COVERAGE OR ANY OF THE GOVERNMENT PROGRAMS SUCH AS MEDICAID OR MEDICARE. WE ARE WORKING COOPERATIVELY WITH TRAVIS COUNTY MEDICAL SOCIETY THROUGH THE INDIGENT CARE COLLABORATION TO DEVELOP THE ANCILLARY SERVICES THAT ARE REQUIRED TO SERVICE THESE PATIENTS THAT WILL BECOME PART OF PROJECT ACCESS. THAT WOULD INCLUDE WORKING ON DEVELOPING A PHARMACY PROGRAM, CREATING AN ACCESS FOR DATA COLLECTION SO THERE'S INFORMATION COLLECTED ABOUT THESE PATIENTS AND AVAILABLE TO -- TO THE PHYSICIANS WHO ARE PARTICIPATING. AS WELL AS FOCUSING ON OBTAINING LABORATORY RADIORADIOLOGY AND OTHER ANCILLARY SERVICES. THIS REFLECTS A -- I THINK ONCE AGAIN THE STRONG -- THE COMMUNITY'S STRONG COMMITMENT TO COLLABORATION AND WILL -- IF SUCCESSFUL, AND WE EXPECT IT TO BE SUCCESSFUL, WILL ADD AN ADDITIONAL LEVEL OF ACCESS FOR THE COMMUNITY THAT -- THAT WE -- THAT WE NEED DESPERATELY AS WE -- WE HAVE DONE SOME PRELIMINARY PROJECTIONS IN THE INDIGENT CARE COLLABORATION WORK THAT ARE PRIMARY CARE CAPACITY IN THE COMMUNITY OVERALL IS AT -- IS BEING UTILIZED TO CAPACITY. THOSE PROVIDERS THAT ARE PROVIDING INDIGENT CARE AND WE ESTIMATE THAT THERE IS PROBABLY SOMEWHERE IN THE -- IN THE RANGE OF 20 TO 30,000 VISITS THAT ARE CURRENTLY OCCURRING IN THE -- IN THE REGION'S E.R. ROOMS, IN THE EMERGENCY ROOMS THAT WE COULD BE PROVIDING IN A PRIMARY CARE SETTING. SO WE KNOW THAT OUR CURRENT CAPACITY IS NOT MEETING THE DEMAND FOR SERVICES.

Mayor Garcia: QUESTIONS FOR MS. YOUNG? PUT THE LIGHTS ON. IN THE EFFORTS THAT HAVE BEEN PUT FORTH IN ORE COMMUNITIES ON PROJECT -- IN OTHER COMMUNITY ON PROJECT ACCESS, THEY HAVE REDUCED THE INCIDENCE OF EMERGENCY ROOM USE.

THERE -- WE HAVE NOT SEEN A STUDY THAT WOULD DEFINITIVELY STATE THAT THAT HAS OCCURRED. BUT WHAT WE HAVE SEEN IN THE OTHER COMMUNITIES THAT HAVE STARTED THESE PROJECTS IS THAT IT HASN'T -- I THINK IT'S MADE A DENT IN THE LACK OF ACCESS THAT -- THAT MAY EXIST IN THOSE COMMUNITIES. IN OTHER WORDS THERE WAS SUCH A GAP IN TERMS OF PEOPLE BEING ABLE TO OBTAIN A PRIMARY CARE HOME. THERE'S -- THERE'S DEMONSTRATED SUCCESS IN TERMS OF PHYSICIAN PARTICIPATION AND PATIENT ENROLLMENT, BUT I HAVE NOT SEEN A STUDY YET THAT DEMONSTRATES A DIRECT EFFECT ON E.R. USAGE.

Mayor Garcia: I THINK THERE IS SOME. YOU MIGHT CHECK WITH -- WITH THE PERSON THAT'S -- I GUESS THE --

TRAVIS -- YEAH, THERE'S THE -- THERE'S SOME DATA, I GUESS MAYBE WHAT I'M SAYING IS MAYBE FROM A LONGITUDINAL STANDPOINT, THE PROJECTS HAVEN'T BEEN IN PLACE FOR A SIGNIFICANT AMOUNT OF TIME.

Mayor Garcia: BUT I THINK THERE MAY BE SOME PRELIMINARY INFORMATION.

YES.

Mayor Garcia: QUESTIONS FOR MS. YOUNG? COUNCILMEMBER ALVAREZ?

Alvarez: A COUPLE OF QUESTIONS, MS. YOUNG. ON -- ON THE DAVID POWELL TRANSFERRING THAT TO PRIMARY CARE BECAUSE IT RECEIVED FQHC STATUS, YOU -- ARE YOU SAYING THAT'S GOING TO ALLOW US POSSIBLY TO INCREASE OUR REIMBURSEMENT FOR THE SERVICES PROVIDED? AND I MEAN HOW WOULD THAT COMPARE TO -- TO WHATEVER FUNDING OR REIMBURSEMENTS WE CURRENTLY RECEIVE?

BY -- BY INCLUDING DAVID POWELL IN THE FQHC SYSTEM, THEY RECEIVE MEDICARE AND MEDICAID COST BASED REIMBURSEMENT, WHICH IS A HIGHER REIMBURSEMENT RATE THAN THEY WOULD RECEIVE AS A DIRECT PROVIDER FOR MEDICAID AND MEDICARE. SO IT'S -- IT'S ACCESS TO THAT COST BASED REIMBURSEMENT, AS WELL AS -- AS WELL AS I THINK THERE ARE SOME EFFICIENCIES THAT ARE OBTAINED IN TERMS OF OUR BILLING PROCESSES THAT WE ARE ABLE TO DO THAT A LITTLE BIT MORE EFFECTIVELY.

Alvarez: THAT WOULD ALLOW US TO LEVERAGE MORE RESOURCES.

YES, IT WOULD.

Alvarez: PLUG BACK IN THERE.

YES. THE OBJECTIVE IS TO INCREASE THE AMOUNT OF REVENUE THAT'S COMING TO DAVID POWELL THAT COULD BE CHANNELED INTO MORE RESOURCES FOR PATIENT CARE.

Alvarez: THAT SOUNDS REAL POSITIVE. THE OTHER THING THAT I DIDN'T UNDERSTAND, VERY -- EXACTLY, IS THE SAVINGS AND THE FREE PRESCRIPTION DRUG PROGRAM, BECAUSE I THINK YOU WERE SAYING WE ARE PROJECTING TO DO MORE PRESCRIPTIONS NEXT YEAR, WHICH IS GOING TO HAVE A CORRESPONDING INCREASE IN SAVINGS. I GUESS THAT I'M WONDERING HOW DOING MORE PRESCRIPTIONS SAVE US MORE MONEY.

TWO THINGS. THE -- THE PRESCRIPTION DRUG PROGRAM IS BASIC -- THEY BASICALLY ALLOW US TO OBTAIN PRESCRIPTION DRUGS FREE FROM THE MANUFACTURERS. WHEN WE LOOK AT OUR ACTUAL UTILIZATION OF CERTAIN DRUGS, HOW -- HOW THE DRUGS THAT WE DISPENSE TO OUR PATIENTS, WE PROJECT THAT GOING FORWARD. WE ARE SEEING AN INCREASE IN THE NUMBER OF PATIENTS AND WE ARE -- WE ARE DISPENSING MORE DRUGS, BUT WE ARE HAVING GREATER ACCESS TO MORE FREE DRUGS. SO MANY OF THE DRUGS THAT WE HAVE BEEN DISPENSING IN THE PAST WE ARE NOW GETTING FOR FREE. SO IT'S BASICALLY DROPPING THE COST PER PRESCRIPTION. EVEN THOUGH THE NUMBER OF PRESCRIPTIONS GOING UP BECAUSE WE HAVE ACCESS TO THE PROGRAMS AND WE ARE COVERING MORE DRUGS THAT WE -- THAT OUR SAVINGS ARE GREATER.

IS THAT SOMETHING THAT'S FACILITATED BY THE FEDERAL GOVERNMENT OR IS IT JUST AN AGREEMENT WITH THE DRUG COMPANY, HOW DOES THAT WORK?

IT'S ACTUALLY A COMPANY BY COMPANY ARRANGEMENT. SO WE DEAL INDIVIDUALLY WITH EACH COMPANY. WE HAVE BEEN VERY FORTUNATE BECAUSE MANY OF THE COMPANIES, THEY UNDERSTAND OUR CLINIC SYSTEM AND THE FACT THAT WE PERFORM AN ELIGIBILITY PROCESS ON EVERY PATIENT. MANY OF THE COMPANIES REQUIRE AN INDIVIDUAL PATIENT TO APPLY FOR AN INDIVIDUAL DRUG. BUT WE HAVE BEEN ABLE TO NEGOTIATE AGREEMENTS WITH THEM THAT WE CAN SUPPLY THEM A LIST OF THE PEOPLE THAT QUALIFY ON THEIR CRITERIA AND BASED ON THAT REPRESENTATION, THEY WILL GIVE US THE FREE DRUGS. SO IT SAVES ON OUR ADMINISTRATIVE COSTS AND OUR PAPERWORK.

Alvarez: SO IS THAT SOMETHING, AN AGREEMENT THAT WE HAVE REACHED RECENTLY OR HAVE WE HAD THAT RELATIONSHIP ALREADY OR --

WE -- THE CLINICS HAD -- HAD AN ARRANGEMENT WITH ONE OF THE PHARMACEUTICAL COMPANIES, WE HAVE BEEN ABLE TO EXPAND THAT TO OTHERS. AND IT'S -- IT'S -- IT'S BASICALLY UP TO EACH PHARMACEUTICAL COMPANY TO DECIDE WHICH DRUGS THEY ARE GOING TO OFFER FOR FREE. BUT WE HAVE BEEN -- WE HAVE BEEN FORTUNATE IN THAT MANY OF THE DRUGS THAT WE COMMONLY DISPENSE TO OUR PATIENTS ARE THE ONES THAT THEY DO OFFER UNDER THEIR INDIGENT DRUG -- UNDER THEIR INDIGENT DRUG PROGRAMS.

Alvarez: THAT'S CERTAINLY ENCOURAGING, TOO. I THINK -- GENERALLY, I JUST WANT TO COMMEND YOU ALL FOR THE VERY POSITIVE STEPS THAT YOU HAVE TAKEN IN THE LAST YEAR TO APPROVE THE DELIVERY OF SERVICES, BEING ABLE TO -- WITH THE SCHEDULING SYSTEM, BEING ABLE TO SEE MORE PATIENTS WITHOUT SEEING AN INCREASE IN REVENUES OR -- OR INVESTMENTS INTO THE PROGRAM. AND OBVIOUSLY THERE'S A LOT OF THINGS COMING DOWN THE LINE THAT YOU ALL ARE WORKING ON THAT I THINK ARE GOING TO BE A VERY POSITIVE ADDITION TO OUR SYSTEM WITH -- WITH THE NEW CITY HOSPITAL THERE AT BRACKENRIDGE AND THE URGENT CARE CLINIC. SO I REALLY JUST WANT TO COMMEND YOU ALL FOR A JOB WELL DONE AND I LOOK FORWARD TO WORKING WITH YOU TO FIND MORE CREATIVE SOLUTIONS ON HOW WE CAN DO MORE WITH THE RESOURCES THAT WE HAVE. HOPEFULLY IDENTIFY MORE. SO THANK YOU.

THANK YOU.

THANK YOU.

Mayor Garcia: ONE QUICK QUESTION, ALSO, MS. YOUNG. YOU EXPLAINED THIS ON -- ON THE OVERHEAD. THE -- THE CAPITAL APPROPRIATIONS TO THE NEW CITY HOSPITAL, SOME OF THE MONEY TO DO THE HOSPITAL WAS COMING FROM SETON AND SOME FROM US. HOW MUCH IS THE TOTAL? WE ARE PUTTING 8.9 MILLION OURSELVES, I GUESS THAT'S FOR EQUIPMENT AND --

THAT'S -- WE'VE HAD SOME -- SOME INTERNAL DISCUSSIONS ABOUT THIS. MY UNDERSTANDING -- THE 8.9 MILLION, PLUS THE C.I.P. THAT WAS APPROVED EARLIER IN THE YEAR, REPRESENTS THE TOTAL 9.3. YOU ARE EXACTLY RIGHT IN TERMS OF WE KNOW THAT THERE'S GOING TO BE A SHARING OF THAT. THE ESTIMATED COSTS, I DON'T HAVE A REVISED ESTIMATE YET, BUT THE ESTIMATED COSTS AT THE TIME THAT WE DID THE LEASE AMENDMENT WAS APPROXIMATELY 6 MILLION OF THAT WOULD BE THE CITY'S COST AND THE REMAINING WOULD BE SETON'S COST. SO THIS REFLECTS MORE I GUESS I WOULD CALL AN APPROPRIATION AS OPPOSED TO THE ACTUAL CAPITAL COSTS THAT WILL END UP ON OUR -- ON THE CITY'S BOOKS.

Mayor Garcia: OKAY.

WE WILL FOLLOW UP, MAYOR, WITH MORE BREAK DOWN OF THE BUDGET AND SOURCES TO APPROPRIATIONS.

Mayor Garcia: OKAY. FURTHER QUESTIONS FOR MS. YOUNG? THANK YOU VERY MUCH.

THANK YOU. AVENUE MR. HILGERS? MR. HILGERS?

MAYOR AND COUNCIL, WE WILL NOW HAVE PAUL HILGERS, OUR DIRECTOR OF NEIGHBORHOOD HOUSING TO GIVE A PRESENTATION FOR FY '03 PROPOSED BUDGET FOR NEIGHBORHOOD HOUSING. PAUL?

THANK YOU, CHIEF. GOOD MORNING, COUNCIL, I'M PAUL HILGERS THE COMMUNITY DEVELOPMENT OFFICER FOR THE CITY OF AUSTIN. THIS MORNING I WOULD LIKE TO REVIEW WITH YOU THE BUDGET FOR OUR NEXT FISCAL YEAR, WHICH IS FOUND IN VOLUME II, PAGES 3 THROUGH 68 AND THE POLICY BUDGET PAGES 208 THROUGH 213. THE CITY OF AUSTIN SERVES AS THE GRANT RECIPIENT FOR -- FOR DOLLARS FROM THE FEDERAL GOVERNMENT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, COUNCILMEMBER WYNN LAST -- YESTERDAY ASKED QUESTIONS ABOUT GRANTS. WE ARE A LITTLE DIFFERENT ENTITY IN THE FACT THAT WE ARE -- AUSTIN IS AN ENTITLEMENT CITY. THESE ARE NOT COMPETITIVE GRANTS AS SOME OF THE OTHER DEPARTMENTS AND MY COLLEAGUES WERE TALKING ABOUT. SO WE ARE DISTINGUISHED IN THAT CATEGORY. BUT -- BUT WE ARE ALSO REQUIRED, AS YOU RECALL, TO ESTABLISH OUR FIVE-YEAR GOALS AND/OR CONSOLIDATED PLAN WHICH SERVES AS THE BLUEPRINT FOR OUR DEPEND AND HELPS TO DEFINE OUR LONG-TERM GOALS, WHICH INCLUDE CREATING/RETAINING 5,000 AFFORDABLE UNITS ANNUALLY BY THE YEAR 2005. CREATING AND PRESERVING 250 JOBS, PRIMARILY FOR LOW AND MODERATE INCOME RESIDENTS. REVITALIZING 11TH AND 12TH STREET CORRIDOR. INCREASING OPPORTUNITIES FOR SELF SUFFICIENCY. THE COUNCIL APPROVED OUR LATEST ACTION PLAN, ANNUAL ACTION PLAN ON AUGUST THE FIRST. IN THE NEXT CHART YOU WILL SEE THE PROPOSED USES, SOURCES OF FUNDS TOTALING $20.1 MILLION FOR THE NEXT FISCAL YEAR. AS YOU CAN SEE THE ENTITLEMENT FUNDS REPRESENT APPROXIMATELY 70% OF THE ACTIVITIES AND SERVICES ADMINISTERED THROUGH THE NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT. USING THE APPROVED 2003 ACTION PLAN, OUR OFFICE IS REQUESTING AUTHORITY FOR $20.1 MILLION OF TOTAL FUNDING. THIS COUNCIL CONTINUES TO DEMONSTRATE THAT HOUSING IS A PRIORITY FOR THIS CITY. ALTHOUGH STAFF RECOMMENDED A REDUCTION IN THE GENERAL FUNDS ALLOCATION FOR FY 2003, AS YOUR RETREAT YOU DETERMINED THAT YOU WOULD MAINTAIN YOUR COMMITMENT TO SUPPORT HOUSING ACTIVITIES AT THE AGREED UPON LEVEL OF $3.3 MILLION. THEREFORE, OUR GENERAL FUND ALLOCATION FOR THIS NEXT FISCAL YEAR IS AS FOLLOWS: $3.1 MILLION FOR THE SMART HOUSING CAPITAL IMPROVEMENT PROGRAM FUND, $1 MILLION FOR THE HOUSING TRUST FUND AND $1.7 MILLION IN OPERATING FUNDS. THIS ALLOCATION OF GENERAL FUND SETS THE CITY OF AUSTIN APART FROM MANY CITIES IN THE UNITED STATES. THE CONTINUED COMMITMENT OF GENERAL FUND TO SUPPORT HOUSING PLACES AUSTIN AS ONE OF THE VERY FEW CITIES THAT ALLOCATE LOCAL TAX DOLLARS TO ADDRESS THIS IMPORTANT PUBLIC POLICY ISSUE. THE USES OF THE FUNDS ARE DEMONSTRATED ON THIS NEXT CHART. AND AS YOU WILL SEE, OF THE PROPOSED -- OF THE APPROVED FUNDS OVER TWO-THIRDS WILL BE USED TO CREATE OR RETAIN AFFORDABLE HOUSING UNITS. ANOTHER 21% IS USED FOR COMMUNITY DEVELOPMENT ACTIVITIES. 18% OF THE TOTAL AMOUNT OF FUNDS WILL BE USED FOR FEDERAL GRANT ADMINISTRATION REQUIREMENTS AND THE ADMINISTRATION OF LOCAL PROGRAMS, INCLUDING SMART HOUSING. THE FEDERAL ADMINISTRATIVE REQUIREMENTS INCLUDE PLANNING AND REPORTING, MONITORING AND GRANT COMPLIANCE. DURING THIS NEXT FISCAL YEAR, OUR DEPARTMENT IS PLANNING TO CONDUCT A FULL CONSOLIDATED PLAN, SO THAT WE CAN GET ON TARGET WITH THE CENSUS DATA AND HAVE MORE ACCURATE INFORMATION FOR OUR PLANNING PURPOSES. WITH THESE DOLLARS, WE PROPOSE TO -- WE PROPOSE TO HAVE THE FOLLOWING PRODUCTION. WE WILL ASSIST 40 BUSINESSES, WE WILL CREATE OR RETAIN 100 JOBS, WE WILL ASSIST OR SERVE OVER 15,000 PERSONS, 15,349 THROUGH OUR INFORMATION AND REFERRAL SERVICES, OUR CHILD CARE VOUCHER PROGRAMS, OUR YOUTH SUPPORT SERVICES, AND OUR NEIGHBORHOOD SUPPORT PROGRAM. WE ALSO WILL CREATE OR RETAIN 3,909 SINGLE OR MULTI-FAMILY HOUSING UNITS. BECAUSE HOUSING IS SUCH A PRIORITY FOR THIS CITY, THIS CHART INDICATES THE KEY INDICATORS FOR HOUSING PRODUCTION PROPOSED FOR THE NEXT FISCAL YEAR. OUR PERFORMANCE INDICATORS ARE BY CATEGORY NUMBERS OF UNITS CREATED AND RETAINED. AND THE COST PER UNIT OF THOSE HOUSING UNITS CREATED OR RETAINED. NUMBER OF JOBS CREATED OR RETAINED AND COST PER JOB CREATED OR RETAINED. WE ALSO HAVE AN INDICATOR THAT WOULD REQUIRE US TO HAVE NO MORE THAN 1.5 TIMES THE ANNUAL ALLOCATION OF OUR COMMUNITY DEVELOPMENT BLOCK GRANT AVAILABLE ON JULY 31ST. THAT IS A REFRESH MY MEMORY FROM THE FEDERAL GOVERNMENT THAT -- THAT IS A REQUIREMENT FROM THE FEDERAL GOVERNMENT THAT BASICALLY SAYS WE NEED TO MAKE SURE WE ARE GETTING THE MONEY OUT THE DOOR TO SERVE THE PEOPLE IT'S INTENDED TO SERVE. SO THAT'S A KEY INDICATOR FOR US. THIS NEXT SLIDE GIVES MORE DETAIL ABOUT THE GENERAL FUND -- THE USES OF THE GENERAL FUNDS. IT -- IT REPRESENTS THE PROPOSED USES OF THE GENERAL FUND FOR THE DEPARTMENT IN '03. THE $3.1 MILLION COMMITMENT OF SMART HOUSING CAPITAL IMPROVEMENT PROGRAM WILL FUND A SMART HOUSING REVIEW TEAM THAT WILL PROVIDE CERTAINTY THAT THE INCREASED VOLUME OF SMART HOUSING DEVELOPMENTS WILL RECEIVE THE SPECIAL SMART HOUSING REVIEW REQUIRED BY THE SMART HOUSING RESOLUTION PASSED IN APRIL OF -- APRIL 16TH OF 2000. ALSO INCLUDED IN THIS ALLOCATION WILL BE AN ADDITIONAL $2 MILLION TO SUPPORT ACQUISITION AND DEVELOPMENT ACTIVITIES ADMINISTERED THROUGH -- BY THE AUSTIN HOUSING FINANCE CORPORATION. THE PROPOSED USES OF THESE FUNDS WILL BE DESCRIBED IN MORE DETAIL IN OUR AUSTIN HOUSING FINANCE CORPORATION BUDGET PRESENTATION SCHEDULED FOR OCTOBER THE 3RD. WHEN WE WILL BRING THAT BUDGET BEFORE THE BOARD FOR APPROVAL. FINALLY, OF THE $3.1 MILLION BALANCE OF THE SMART HOUSING CAPITAL IMPROVEMENT PROGRAM, 600,000 WILL BE USED TO PAY AUSTIN ENERGY FOR THE LOAN WE RECEIVE TO PURCHASE COLONY PARK. IN ADDITION TO THIS $3.1 MILLION COMMITMENT, THE BUDGET INCLUDES ANOTHER $1 MILLION INSTALLMENT INTO THE HOUSING TRUST FUND. COMBINED WITH THE OPERATING COSTS OF 1.7 MILLION, THAT BRINGS THE TOTAL ALLOCATION OF GENERAL FUND TO $6.3 MILLION. INCLUDING IN THE OPERATING FUNDS WE INCLUDE THE PROPOSED RELOCATION, BEGINNING TO RELOCATE OUR OFFICES TO 11TH AND 12TH STREET. IT ALSO INCLUDES OUR SMART HOUSING ADMINISTRATION. ANOTHER KEY COMPONENT FOR YOU IS THE COMMITMENT THAT WE ARE MAKING WITH OUR PARTNERS ADAPT TO ENSURE THAT WE ARE CONTINUING ALONG THE SAME COMMITMENTS TO THE VOLUNTARY COMPLIANCE AGREEMENT. EVEN THOUGH THAT VOLUNTEER COMPLIANCE AGREEMENT HAS EXPIRED, WE ARE COMMITTED TO CONTINUE TO PURSUE THE OBJECTIVES OF THAT AGREEMENT WITH OUR PARTNERS ADAPT AND THAT IS REPRESENTED IN -- IN OUR OPERATING FUNDS DOLLARS. IN ORDER TO ACHIEVE THIS, WE HAVE ALSO DECIDED AND BEGUN TO WORK SMARTER. SOME OF THIS AGAIN YOU WILL HEAR IN MORE DETAIL WHEN WE DO OUR AUSTIN HOUSING FINANCE CORPORATION BUDGET, BUT THE PROCESS IMPROVEMENTS THAT WE HAVE COME UP WITH ARE, 1, UTILIZING REVOLVING FUNDS. IN THE PAST, WHEN WE HAVE RECEIVED PROGRAM INCOME, WE HAVE HAD TO IN SOME CASES COME THROUGH REPROGRAMMING EFFORT TO USE THOSE PROGRAMS, USING REVOLVING FUNDS WILL ELIMINATE THE NECESSITY TO DO THIS AND WILL SAVE US A LOT OF TIME, A LOT OF -- A LOT OF UNNECESSARY TIME TO UTE THE FUNDS IN A -- TO USE THE FUNDS IN A WAY THAT WILL BE MORE DIRECTED TOWARDS WHAT THEY WERE ORIGINALLY INTENDED FOR IN THE FIRST PLACE. THE SECOND IS TO BUILD -- THIS WILL HELP US, ALONG WITH THE FACT THAT WE ARE NOW DOING LOANS RATHER THAN GRANTS, TO BUILD THE ASSET BASE FOR THE AUSTIN HOUSING FINANCE CORPORATION. PERHAPS MOST IMPORTANTLY IS THE WORK THAT WE HAVE DONE OVER THE PAST 18 MONTHS IN STREAMLINING OUR ACCOUNTING PROCESSES. WE HAVE WORKED HARD TO IMPROVE OUR ACCOUNTING AND OUR H.U.D. REPORTING SYSTEMS. WE HAVE DONE THIS IN A MANNER THAT IS SAVING APPROXIMATELY 80 HOURS OF STAFF TIME EACH MONTH IN THE WAY THAT WE ARE DATA ENTERING THIS INFORMATION FOR OUR H.U.D. REPORTING SYSTEM. WE ARE ALSO EXCITED ABOUT THE POSSIBILITY -- THE BENEFITS THAT WE ARE GOING TO RECEIVE THROUGH THE ACCOUNTING PRACTICES THAT WE HAVE DEVELOPED WITH OUR FINANCE OFFICE TO COLLAPSE THE FUNDS AND HAVE THE AUSTIN HOUSING FINANCE CORPORATION USE A FUND FOR CITY GRANT AND ONE FUND FOR CORPORATE FUNDS. THIS WILL INCLUDE EFFICIENCIES BY REDUCING THE NUMBER OF CODING POSSIBILITIES AND THEREBY REDUCING THE ERROR RATE TIED TO CODING, FACILITATING BALANCE SHEET REPORTING,ISM FIEPG THE LINK -- SIMPLIFYING THE LINK BETWEEN THE CITY'S REPORTING SYSTEM AND INTEGRATED DISBURSEMENT INFORMATION SYSTEM WHICH IS THE FEDERAL MANAGEMENT AND REPORTING SYSTEM WHICH HAVE BEEN SOMEWHAT CONFUSING IN THE PAST. WITH THOSE PROCESS IMPROVEMENTS AND THESE DOLLARS, WE ANTICIPATE WE WILL BE ABLE TO ACHIEVE THESE OBJECTIVES IN THE NEXT -- IN THE NEXT FISCAL YEAR. WITH THAT I WILL STOP AND SEE IF THERE ARE ANY QUESTIONS.

THANK YOU, MR. HILGERS. GET THE LIGHTS, THANK YOU. QUESTIONS FOR MR. HIMGERS?

WYNN: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN?

WYNN: JUST BRIEFLY, MR. HILGERS, ON SLIDE 56 IT SHOWS THE GENERAL FUND USES FOR YOUR DEPARTMENT. 6.3 MILLION.

YES, SIR.

DOES THAT ALSO TAKE INTO ACCOUNT WHAT WE HAVE SEEN IN OTHER DEPARTMENTS JUST -- GENERICALLY CALLED OVERHEAD, THAT IS SORT OF OUR SUPPORT SERVICES AND --

YES, SIR, THAT'S CORRECT. IT SURE DOES.

WYNN: THAT NUMBER IS INCLUDED IN THAT?

YES, SIR.

Mayor Garcia: COUNCILMEMBER THOMAS?

Thomas: MR. HILGERS, IN YOUR -- YOU HAVE ON PAGE 51, YOU HAVE CREATED AND RETAINED 5,000 AFFORDABLE UNITS.

YES, SIR.

Thomas: ANNUALLY BY -- BY '05. IN THOSE AFFORDABLE UNITS, ARE THEY GOING TO -- ARE THERE ANY PLANS FOR -- FOR A.D.A. HOUSING --

THANK YOU -- YES, SIR. LET ME BE CLEAR THAT ALL OF THE -- ALL OF THE HOUSES THAT WE ARE INVOLVED IN FINANCING MEET THE SMART HOUSING GOALS. AND THE -- THE CRITERIA. SO -- SO AGAIN JUST TO REPEAT THOSE FOR THE -- FOR THE SIGNIFICANCE OF THEM, IN MULTI-FAMILY CASES, WHAT WE ARE DOING IS ACTUALLY DOUBLING THE A.D.A. REQUIREMENTS IN MULTI-FAMILY PROPERTIES FROM 5% TO 10%. THAT ALL -- ALL UNITS THAT ARE SINGLE FAMILY IN SMART HOUSING, WHETHER THEY ARE AFFORDABLE OR NOT, MEET THE VISITABILITY STANDARDS OF HAVING WIDE DOORS, GRAB BARS IN THE BATHROOMS AND NO STEP ENTRANCES, WHICH HAVE RECEIVED GREAT ACCOLADES NATIONALLY, BUT ALSO PROVIDE A GREAT DEAL OF OTHER BENEFITS TO THE FAMILIES WHO ARE PURCHASING THOSE HOMES. SO -- YES, SIR, THOSE INCLUDE A.D.A. STANDARDS IN THAT REGARD.

Thomas: THERE'S BEEN A GREAT CRY IN AFFORDABLE HOUSING IN -- IN SUPPORTING A.D.A. AND THAT THEY WANTED TO MAKE SURE THAT IT'S INTEGRATED HOUSING SO THERE WON'T BE SET ON ONE SIDE, YOU KNOW. SO I'M SURE THAT WE ARE GOING TO WORK HARD TO DO THAT.

YES, SIR.

Thomas: THANK YOU VERY MUCH.

THANK YOU, SIR.

Mayor Garcia: FURTHER QUESTIONS FOR MR. HILGERS?

Alvarez: MAYOR?

Mayor Garcia: COUNCILMEMBER ALVAREZ?

Alvarez: YES, I DON'T SEEM TO HAVE THAT SLIDE 56. IF SOMEONE COULD GIVE ME A COPY. IF YOU COULD PUT IT UP ON THE SCREEN. ON THE SMART HOUSING C.I.P. ITEM, THANKS, I WAS WONDERING -- I MEAN, WAS -- DID WE FUND ANY OF THESE -- ANY OF THIS LAST YEAR? ON SMART HOUSING OR --

-- THE CAPITAL IMPROVEMENT PROGRAM WAS ALLOCATED LAST YEAR. AND -- YOU MEAN THE $3.1 MILLION THAT WE ACTUALLY FUND THOSE $3.1 MILLION? IN LAST YEAR'S BUDGET?

Alvarez: RIGHT. I REALIZE THAT THAT WAS LAST YEAR'S BUDGET. BUT -- BUT NOW WE ARE TALKING ABOUT HOW TO REALLOCATE THE -- THE 3 MILLION FROM THE GENERAL FUND THIS TIME AROUND. AND I GUESS I'M WONDERING IF LAST YEAR -- ANYWHERE IN THE NEIGHBORHOOD HOUSING BUDGET WE HAD FUNDED THE SMART HOUSING ACTIVITIES.

THE CAPITAL IMPROVEMENT PROGRAM OR THE SMART HOUSING ACTIVITIES, I'M SORRY. IN THE CAPITAL IMPROVEMENT PROGRAM THE $3.1 MILLION LAST YEAR, WHAT -- WHAT WE DID WAS WE ACQUIRED THE 200 ACRES, ALMOST, 200 ACRES OF COLONY PARK WITH THAT TRANSACTION. ACTUALLY, WE HAD TO ACQUIRE THAT PROPERTY PRIOR TO THE ANNUAL -- TO THE ALLOCATION BECAUSE OF THE TIMING OF THAT ISSUE. SO THAT IS NOW BEING REIMBURSED OVER TIME WITH THE DEBT SERVICE OF $600,000. WE DID NOT FUND LAST YEAR THE $500,000 OF -- OF THE SMART HOUSING REVIEW TEAM WHICH WE THINK WILL PROVIDE GREAT ENHANCEMENT AND STRENGTHEN OUR SMART HOUSING PROGRAM DRAMATICALLY. SO IN THOSE CASES, THE $2 MILLION WILL BE ALLOCATED THIS CAREER FOR THE ACQUISITION AND DEVELOPMENT OF NEW PROGRAMS, WHICH ALSO WAS NOT THERE LAST YEAR.

Alvarez: AND THIS HOUSING REVIEW TEAM, THAT'S BEING DEVELOPED, I GUESS WHAT DOES IT CONSIST OF? WE ALREADY HAVE THE PEOPLE IN PLACE OR IS IT -- HOW DOES THAT WORK?

ACTUALLY, THE ISSUE IS ONE IN WHICH WE ARE ABLE TO WORK VERY CLOSELY WITH WATERSHED PROTECTION. I THINK THAT IT'S AN INDICATION OF THE SUCCESS OF THE SMART HOUSING PROGRAM. THAT -- THAT IN ESSENCE WE HAVE -- WE HAVE HAD SO MANY MORE PARTICIPANTS, DEVELOPMENTS, COME THROUGH THAT REQUIRE FEE WAIVERS, THAT IT HAS HAD AN IMPACT ON THE WATERSHED PROTECTION'S BUDGET AND THEIR ABILITY TO PERFORM THE TIMELY REVIEWS WAS CHALLENGED GREATLY BY THIS BUDGET. AND TO -- TO SPECIFICALLY HAVE A TEAM TO ADDRESS SUBDIVISIONS, NOW WHAT WE ARE HAVING THIS YEAR AS OPPOSED TO WHAT WE HAD WHEN THIS PROGRAM WAS ORIGINALLY PROPOSE WAS ENTIRE SUBDIVISIONS COMING TO US FOR REVIEW AND APPROVAL OF WATERSHED PROTECTION. SO BEING ABLE TO HAVE THIS PARTICULAR ALLOCATION TO SUPPORT THOSE FOLKS AND MAINTAIN THE STAFFING LEVEL, I BELIEVE, WOULD BE A MORE ACCURATE WAY TO SAY IT, AT THE LEVEL IN WATERSHED WILL ALLOW US TO CONTINUE THE SMART HOUSING PROGRAM.

Alvarez: OKAY. IN THE BUDGET IN GENERAL, I SEE UNDER THE HOUSING TRUST FUND THERE THAT'S -- THERE'S LOAN LOSS RESERVE FOR NEW MORTGAGE LENDING ACTIVITY AND THERE SEEMS TO BE A BIG FOCUS ON -- ON HOME OWNERSHIP OR INCREASING -- ASSISTING WITH THAT ACTIVITY AND I WAS JUST WONDERING HOW THAT IS CHANGING, BECAUSE I NOTICED THERE'S A BIGGER ALLOCATION FOR THAT.

IT IS TO SOME DEGREE. I THINK THERE'S TWO DYNAMICS WORKING ON THIS, ACTUALLY. ONE IS THE MARKET FOR MULTI-FAMILY IS SLOWING DOWN SOMEWHAT. ONE OF THE THINGS THAT YOU WILL SEE IN OUR OVERALL BUDGET IS LESS EXPECTATION OF BOND FUNDING FOR MULTI-FAMILY. LAST YEAR WE WERE THE NUMBER TWO ISSUER, THE LAST TWO YEARS WE HAVE BEEN THE NUMBER TWO ISSUER OF MULTI-FAMILY BONDS IN THE STATE OF TEXAS, SECOND ONLY TO THE STATE OF TEXAS. SO THE MARKET IS SOFTENING SOMEWHAT ON MULTI-FAMILY. WE STILL THINK THERE'S A HUGE MARKET FOR SPECIAL NEEDS HOUSING, ELDERLY HOUSING, IN MULTI-FAMILY AND SO WE WILL BE PURSUING THOSE AND CONTINUE TO PURSUE THOSE, BUT NOT AT THE SAME LEVEL WE HAD. THAT'S ONE DYNAMIC. THE SECOND DYNAMIC IS THAT MOST OF OUR PROGRAMS ARE USED AS GAP FINANCING FOR MULTI-FAMILY. THEY ARE NOT THE PRIMARY SOURCE OF THE FUNDING MECHANISM THAT SUPPORTS MULTI-FAMILY YOU WILL REMEMBER WHEN WE DISCUSSED PLEASANT VALLEY VILLAS, THERE'S NO FEDERAL DOLLARS IN THAT, BUT IT'S A $29 MILLION PROJECT TO SERVE FAMILIES AT 50% OR BELOW MEDIAN FAMILY INCOME. SO THERE'S MORE FINANCING MECHANISMS AVAILABLE FOR THAT. THIRD, I THINK THE THIRD ELEMENT, THIS IS WHAT YOU ARE GETTING TO IS, THAT THIS COUNCIL HAS FOCUSED ON ALSO ON MAKING SURE THAT WE MAINTAIN A HEALTHY ABILITY TO PROMOTE HOME OWNERSHIP ITSELF. AND HOME OWNERSHIP PROMOTION REQUIRES US TO DO THINGS LIKE WE HAVE INCREASED THE AMOUNT OF DOWN PAYMENT ASSISTANCE THAT ARE AVAILABLE TO FAMILIES FROM 10,000 TO 15,000 FOR -- PARTICULARLY FOR NEW CONSTRUCTION, SO WHAT YOU ARE SEEING IS AN INCREASE IN INVESTMENT IN SOME OF OUR ACTIVITIES AND FOCUS ON THE SINGLE FAMILY HOUSING. SO THAT IS REFLECTED IN THIS BUDGET.

Alvarez: WE WILL JUST BE ABLE TO DO MORE. I MEAN IS THERE -- IS THE DEMANDS THERE, I GUESS, TO ABSORB THIS? I ASSUME IT IS BUT --

WELL, I THINK AGAIN --

Alvarez: ARE WE GOING TO CHANGE SOME OF THE PROGRAMS --

A COUPLE OF THINGS, I THINK THAT'S AN EXCELLENT QUESTION. THE -- ONE OF THE REASONS THAT WE WANT TO DO A CONSOLIDATED, FULL-BLOWN CONSOLIDATED PLAN THIS NEXT YEAR IS I THINK THE MARKET CHANGED DRAMATICALLY FROM THE LAST FIVE-YEAR CONSOLIDATED PLAN THAT WE DID. I THINK WE DO NEED TO DO A FULL MARKET ANALYSIS, FULL ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING WHICH IS IN A FULL CONSOLIDATED PLAN. WHICH INDICATIONS ARE FOR US IS WHAT THE MARKET CONTINUES TO SAY IS THAT INSIDE THE CITY LIMITS, HOUSING THAT'S AFFORDABLE FROM THE $80,000 RANGE TO THE $150,000 RANGE WE CAN CONTINUE TO BUILD THOSE HOUSES AND THEY WILL CONTINUE TO -- THERE WILL CONTINUE TO BE A DEMAND FOR THOSE HOUSES. OUR CHALLENGE IS STILL DRAMATICALLY, WE ARE DRAMATICALLY FACED WITH THE CHALLENGE OF TRYING TO FIND LAND THAT IS DEVELOPABLE INSIDE THE CITY LIMITS. AND THAT WILL BE WHAT WE FOCUS AN AWFUL LOT OF OUR ATTENTION ON IS TRYING TO FIND LAND THAT'S AFFORDABLE FOR US TO DEVELOP HOUSES ON.

Alvarez: WILL THAT TIE INTO THEN THE SMART HOUSING ACQUISITION AND DEVELOPMENT?

ABSOLUTELY. THAT WILL BE ONE OF THE MAJOR ACTIVITIES THAT WE WILL BE PURSUING WITH THAT $2 MILLION IS TRYING TO ACQUIRE LAND. PLUS THEN YOU SEE THE -- WHAT I THINK IS FRANKLY THE WISDOM OF THE COUNCIL GOING AFTER THE COLONY PARKLAND MAKING SURE WE HAVE THAT WHOLE ASSET AVAILABLE TO DEVELOP FOR MIXED USE HOUSING OVER THE COURSE OF THE NEXT COUPLE OF YEARS.

Alvarez: THE LAST QUESTION THAT I HAD WAS -- WAS NEIGHBORHOOD COMMERCIAL DEVELOPMENT, WHAT IS THAT PROGRAM?

YES, SIR.

Alvarez: THAT WE HAD BEEN AWARDED SOME ADDITIONAL FUNDING.

YES, SIR, THAT'S CORRECT. I APPRECIATE YOU BRINGING THAT UP.

I WAS WONDERING WHAT ADDITIONAL ACTIVITIES WE WOULD BE UNDERTAKING THIS NEXT YEAR OR IF THE MONEY IS GOING TO BE RECEIVED FOR THIS FISCAL YEAR OR --

YES, SIR, WE HAVE RECEIVED A 108 LOAN FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR $2 MILLION. IT'S REFLECTED IN THIS BUDGET IN TWO WAYS. ONE IS THAT YOU WILL SEE THAT WE DIDN'T ALLOCATE ANY CDBG DIRECT ALLOCATION FOR THE FUNDING OF WHAT WE CALL NEIGHBORHOOD COMMERCIAL PROGRAM WHAT WE HAVE DONE IN THE PAST BECAUSE WE NOW ACTUALLY HAVE A LOAN AMOUNT TO SET ASIDE AND HAVE THOSE DOLLARS AVAILABLE FOR THOSE LOAN AMOUNTS. SO THAT -- THAT HAS BEEN HELPFUL TO US. THOSE DOLLARS CAN BE USED FOR SMALL BUSINESS DEVELOPMENT IN -- AND ARE REVIEWED BY A LOAN COMMITTEE AND ALSO ARE MATCHED WITH PRIVATE DOLLARS. SO THAT WILL -- THAT WILL ENABLE US TO CONTINUE TO PURSUE OUR EFFORTS TO EXPAND THOSE OPPORTUNITIES. ONE OF THE OTHER THINGS THAT THIS MARKET IS -- IS DOING IS -- I THINK CREATING MORE DEMAND AND PRESSURE ON US TO CREATE MORE COMMUNITY DEVELOPMENT AND ECONOMIC DEVELOPMENT AND SMALL BUSINESS DEVELOPMENT OPPORTUNITIES. SO THIS WILL BE SOMETHING THAT WILL GIVE US A TOOL TO BE ABLE TO ACCOMPLISH THAT OBJECTIVE.

Alvarez: SO THEN THE 2 MILLION IS FOR THE LOAN POOL OR IS IT --

YES, SIR, THAT'S CORRECT.

Alvarez: HOW MUCH FLEXIBILITY IS IT IN TERMS OF HOW YOU CAN USE THAT FUNDING? BECAUSE JUST IN TALKING TO THE CDC'S OUT THERE THAT ARE MICROLENDERS, THAT YOU KNOW A LOT OF TIMES WITH THE BUSINESS, THE SMALL BUSINESS OWNERS NEED, WHAT THEY NEED IS TECHNICAL ASSISTANCE TO -- TO GET THEIR PORTFOLIO IN A --

ABSOLUTELY.

-- IN A MANNER THAT THEY CAN THEN QUALIFY EITHER AT THE PRIVATE SECTOR LEVEL OR WITH THESE MICROLENDERS. SO I GUESS I'M WONDERING IF THERE'S AN ABILITY TO USE SOME OF THAT FUNDING TO CREATE A PROGRAM WHERE -- WHERE SOME OF THESE BUSINESS OWNERS CAN TAP INTO TO GET THE TECHNICAL ASSISTANCE, THE ACCOUNTING OR THE MARKETING PLAN OR BUSINESS PLAN, DEVELOPMENT, HOW -- YEAH, I JUST DIDN'T KNOW WHAT THAT --

IN THE $2 MILLION --

IF THERE'S SOME FLEXIBILITY THERE [MULTIPLE VOICES]

IN THE $2 MILLION IT'S REALLY EARMARKED FOR LOANS. BUT TO ADDRESS THE ISSUE THAT YOU ARE SPEAKING OF, IT'S REALLY THE PARTNERSHIP THAT YOU HAVE WITH THE SMALL BUSINESS DEVELOPMENT RESOURCE CENTER, ALONG WITH THE CONTRACTORS THAT WE HAVE, WE HAVE A MICROLENDER, BUSINESSES INVEST IN GROWTH THAT WE FUND TO PROVIDE SOME OF THE SERVICES THAT YOU ARE TALKING ABOUT. WE ALSO ARE BLESSED HERE WITH AN INCREDIBLY EFFICIENT NON-PROFIT, THE AUSTIN COMMUNITY DEVELOPMENT CORPORATION, THAT IS A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION. WHAT WE ARE ULTIMATELY WORKING TOWARDS IS -- A CONTINUUM OF OPPORTUNITIES IN ECONOMIC DEVELOPMENT VERY SIMILAR TO WHAT WE HAVE IN OUR HOUSING POLICY FRAMEWORK. THAT WOULD ALLOW FOLKS, DEVELOPERS, SMALL BUSINESSES AND I THINK THAT -- I THINK WHAT IS GOING ON AT SMBR IN PROVIDING THE OPPORTUNITIES FOR THOSE KIND OF TECHNICAL ASSISTANCE OPPORTUNITIES FOR SMALL BUSINESSES, ONE STOP SHOPS, IF UP, IS WHAT WE ARE FUNDING AND CONTINUING TO FUND, BUT NOT OUT OF THAT $2 MILLION. BUT THAT'S STILL PART OF OUR PROPOSED ACTIVITIES FOR ECONOMIC DEVELOPMENT.

Alvarez: I THINK THAT'S HOW I'M THINKING IN TERMS OF THE CONTINUUM, BECAUSE IF YOU LOOK AT, YOU KNOW, THE DIFFERENT LENDERS OUT THERE, IF FOLKS DON'T HAVE ACCESS TO THE TRADITIONAL FINANCING MECHANISMS, THEY GO TO THESE OTHER LENDERS. EVEN THEN THEY HAVE SOME -- THERE'S SOME OBSTACLES THERE TO ADDRESS. IT'S MORE WHERE THEY NEED THE ONE ON ONE HELP IN TERM OF THEIR OWN BUSINESS AND THEIR OWN BUSINESS PLAN AND THEIR OWN APPLICATION AND SO -- SO -- BECAUSE I KNOW THERE'S ALREADY SOME TRAINING PROGRAMS IN PLACE THAT MAYBE WE COULD SEND FOLK TO SO THAT THEY CAN HAVE A BETTER UNDERSTANDING OF HOW TO PREPARE THEMSELVES TO START A BUSINESS OR TO BETTER OPERATE THEIR BUSINESS. BUT TO GIVE THEM THE ABILITY TO MAYBE GET A GRANT SO THAT THEY CAN HIRE SOMEBODY TO HELP THEM WITH THEIR INDIVIDUAL CASE AND IT SEEMS LIKE THAT'S AT LEAST ONE OF THE -- ONE OF THE OBSTACLES THAT'S THERE, ONE OF THE HOLES THAT WE CAN TRY TO FILL SOMEHOW. AND I THINK, YOU KNOW, I THOUGHT SINCE WE ARE GOING TO MAYBE PUT A LITTLE MORE ATTENTION ON THAT TO THE NEIGHBORHOOD COMMERCIAL MANAGEMENT, THAT WE COULD ALSO LOOK AT THAT AND SEE HOW WE COULD MAYBE PROVIDE SOME KIND OF TECHNICAL ASSISTANCE ON A MIDDLE INDIVIDUALIZED BASIS. I THINK THAT YOU STILL HAVE TO DIRECT THE BUSINESS OWNERS TO GO THROUGH THESE TRAININGS THAT ARE ALREADY AVAILABLE AND MAYBE WE NEED TO INCREASE THE AVAILABILITY OF THOSE TRAININGS. BUT I THINK EVEN AFTER THAT THERE'S STILL A NEED FOR SOMEBODY TO GIVE THEM ONE ON ONE HELP.

WE CAN WORK TO ENHANCE THOSE SERVICES, YES, SIR.

WE CAN TALK ABOUT THAT A LITTLE BIT, I THINK THAT'S MAYBE THE NEXT STEP WE CAN TAKE. AND I THINK IT'S JUST SOMETHING THAT I HAVE HEARD TALKING TO NOT JUST -- YOU KNOW TO THE CHAMBERS, TO THE -- TO THE MICROLEND the -- to the microlend HE TO THE MICROLENDERS, EVEN TO THE BANKS, WHAT IS AN OBSTACLE HOW CAN WE REMOVE, IDENTIFY ANY OF THESE OBSTACLES TRY TO DO SOMETHING TO ADDRESS THEM.

THAT'S A GOOD POINT, YES, SIR.

Alvarez: MAYBE THIS IS AN OPPORTUNITY FOR US TO DO THAT AND LOOK AT THAT ISSUE AND WORK WITH ALL OF THE DIFFERENT PARTIES TO -- TO COME UP WITH A -- WITH AGAIN ANOTHER PART OF -- THAT'S GOING TO HELP US TO -- TO CREATE THAT CONTINUUM. SO --

YES, SIR.

Alvarez: BUT I'M VERY EXCITED THAT WE ARE GOING TO DO MORE, YOU KNOW, MORE ON THIS, IN THIS AREA, ESPECIALLY WITH THE ECONOMIC TIMES THE WAY THEY ARE. ALL OF THE -- ALL OF THE MICROLENDERS OUT THERE HAVE INCREASED -- HAVE INCREASED DEMAND FOR LOANS, SO I THIS WAS MAYBE THE TIME TO LOOK AT HOW WE CAN DO OR PROVIDE THE SERVICE IN A MUCH BETTER WAY.

YES, SIR.

THANK YOU.

THANK YOU VERY MUCH, APPRECIATE IT. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS] (TIME 11:01)

... . ALL OF OUR OPERATIONS HAVE EXPERIENCED THAT, SO WE THANK YOU FOR YOUR SUPPORT.

Mayor Garcia: THANK YOU, CHIEF.

Mayor Garcia: FURTHER QUESTIONS FOR THE CHIEF OR FOR MR. HILGERS?

MAYOR, I WOULD JUST LIKE TO REMIND THE PUBLIC THAT WE WILL HAVE OUR -- THIS IS OUR FINAL PRESENTATION ON THE BUDGET. WE WILL HAVE OUR -- OUR FINAL PUBLIC HEARINGS ON THE SPECIFIC DEPARTMENTS THAT WE HAD YESTERDAY AND TODAY. AND GENERAL PUBLIC HEARING WILL ALSO BE HELD TONIGHT.

Mayor Garcia: THE PUBLIC HEARING IS AT 6:00. STARTING AT 6:00. OKAY. THANK YOU VERY MUCH, MR. HILGERS. THE NEXT ITEM ON THE AGENDA -- IS A -- IS ITEM NO. 2, BRIEFING FROM THE CITY OF AUSTIN/LOWER COLORADO RIVER AUTHORITY WATER SUPPLY IMPACT COMMITTEE. CHIEF, DO YOU KNOW WHO IS GOING TO GIVE THAT PRESENTATION? WILL YOU ARE GOING TO BE -- THOSE OF YOU THAT ARE GOING TO BE INVOLVED IN THAT PRESENTATION, IF YOU WOULD COME TO THE -- TO THE TABLE HERE. MY NAME IS DAVID EATON, I'M A FACULTY MEMBER AT THE UNIVERSITY OF TEXAS AT AUSTIN. ONE OF THE MEMBERS APPOINTED BY THE CITY COUNCIL TO BE ON THE WATER IMPACT COMMITTEE. A JOINT COMMITTEE OF THE CITY AND THE LOWER COLORADO RIVER AUTHORITY.

AND THERE WERE THREE PERSONS APPOINTED BY THE LOWER COLORADO RIVER AUTHORITY. DAVE ARMBRUST AND JERRY REPLACED DAVID IN 2002. WE'VE MET PRETTY MUCH ON A MONTHLY BASIS SINCE THAT TIME, SINCE APRIL OF 2001. AND IN EFFECT THIS IS A REPORT TO YOU ON WHAT HAS BEEN ACCOMPLISHED BY THE IMPACT COMMITTEE DURING THAT PERIOD. I BELIEVE YOU'VE ALSO RECEIVED A WRITTEN REPORT, WHICH I BELIEVE IT'S COME TO YOU, IF NOT, I'M SURE IT WILL BE GIVEN TO YOU SOON. RATHER THAN COVER THE MATERIAL, RATHER THAN RECAPITULATE THE MATERIAL THAT'S IN THE REPORT, LET ME DESCRIBE WHAT THE IMPACT COMMITTEE HAS ACHIEVED TO FURTHER THE GOALS THAT YOU ESTABLISHED. OUR PURPOSE WAS TO MEET AND CONTINUE DISCUSSING THE IMPACT OF THE DEVELOPMENT OF WATER SUPPLY AND WASTEWATER TREATMENT WITHIN THE REGION THAT IS AFFECTED BY BOTH THE CITY AND THE LOWER COLORADO RIVER AUTHORITY. THE -- ONE OF THE FIRST CONSEQUENCES WE SAW OF MEETING ON A MONTHLY BASIS WAS WE WERE ABLE TO BETTER COMMUNICATION. THEY WERE PREPARING MATERIALS ON THEIR ACTIVITIES AND THEY WERE ABLE TO DISCUSS SHARED INTERESTS IN WAYS THEY PROBABLY WOULD NOT HAVE DONE HAD THERE NOT BEEN AN IMPACT COMMITTEE. AND THEY WERE ABLE TO EXCHANGE IDEAS ON THEIR PLANS AND ISSUES THAT HAD ARISEN AND SO IN EFFECT THE IMPACT COMMITTEE HAD A -- WOULD HAVE AN UNINTENDED CONSEQUENCE OF FIRST FACILITATING DISCUSSION BY STAFF OF THE CITY AND THE LCRA. SECOND, AS WE BEGAN TO GET INTO THE WORK, WE DISCOVERED THAT WE NEEDED TO KNOW WHAT THE CITY STAFF AND THE LCRA STAFF WERE DOING TO INFORM CITIZENS IN CENTRAL TEXAS ABOUT THE CONSEQUENCES OF WATER DEVELOPMENT AND WASTEWATER SERVICE DEVELOPMENT. AND THIS LED TO THE QUESTION OF, WELL, WHAT ARE WE PUTTING ON THE WEBSITES OF THE CITY AND THE LCRA. AND THE SECOND INTENDED CONSEQUENCE OF THIS EXERCISE WAS TO ENCOURAGE CITY STAFF AND LCRA STAFF TO REEXAMINE THEIR PLANS AND THE TIMING FOR DEVELOPMENT OF MATERIALS THAT COULD GO ON THEIR WEBSITES, AND I THINK THERE'S BEEN A SIGNIFICANT EXPANSION BY BOTH ENTITIES IN A MATERIAL THEY PROVIDE ON A REGULAR BASIS TO THE CITIZENS OF CENTRAL TEXAS. SO THIS IS ANOTHER CONSEQUENCE OF MEETING ON A REGULAR BASIS. AS WE CONTINUED DISCUSSIONS, WE FOUND THAT -- PERCEIVED THE NEED TO ASSURE THE HIGH QUALITY AND LIABILITY OF WATER AND WASTEWATER SERVICE. BOTH INSTITUTIONS PERCEIVED THEMSELVES AS RESPONSIBLE FOR THE QUALITY OF THE ENVIRONMENT. BOTH INSTITUTIONS RECOGNIZE THAT AS THE CHALLENGES FOR WATER AND WASTEWATER SERVICES ARE PRESENT, IT'S IMPORTANT TO INFORM POTENTIAL CUSTOMERS OF THE OPTIONS THAT EXIST FOR DIFFERENT WAYS THAT WATER AND WASTEWATER COULD BE PROVIDED. AND IN EFFECT, WE HAVE A SHARED UNDERSTANDING BY BOTH CITY AND LCRA STAFF OF, IN A SENSE, SHARED GOALS AND SHARED EXPECTATIONS OF EACH INSTITUTION. AND SO THOSE WERE SOME OF THE INITIAL THINGS THAT OCCURRED. WE'VE MET 12 TIMES SINCE THAT FIRST MEETING. AND WE EVENTUALLY HAVE ADOPTED A RESOLUTION THAT DOES NOT REQUIRE ANY ACTION ON THE PART OF CITY COUNCIL, BUT IS REQUIRED SIMPLY FOR YOUR INFORMATION. THIS IS SOMETHING WE WANT TO EXPLORE. PERHAPS I WILL READ IT, ALTHOUGH IT'S IN YOUR MATERIALS. THIS IS ONE OF THE RESOLUTIONS THAT WE APPROVED ON FEBRUARY 27th OF THIS YEAR. THE CITY OF AUSTIN AND THE LOWER COLORADO RIVER AUTHORITY SHOULD PROVIDE TECHNICAL ASSISTANCE TO ENTITIES THAT ARE RECEIVING AND/OR PROPOSING TO RECEIVE WATER AND/OR WASTEWATER SERVICE FROM THE CITY OF AUSTIN OR LCRA. THAT TECHNICAL ASSISTANCE SHOULD INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING: INFORMATION REGARDING IMPACTS LIKELY TO RESULT FROM DEVELOPMENT FACILITATED BY WATER AND/OR WASTEWATER SERVICE; INFORMATION REGARDING MEANS TO PREVENT OR MITIGATE SUCH IMPACTS; AS S.MENT OF RELATIVE IMPACTS OF A RANGE OF DEVELOPMENTAL TERN ACTIVES; AND CONSULTATION ON IMPLEMENTATION OF LOWER ALTERNATIVES. THIS WAS A RESOLUTION WE ADOPTED. WE AT THAT TIME ALSO SOUGHT TO MEET WITH BOTH THE CITY COUNCIL, THE COUNCIL OF THE CITY OF AUSTIN AND LCRA BOARD TO IN EFFECT SEE IF YOU HAD ANY ADVICE FOR US AS WE CONTINUE INTO OUR SECOND YEAR. THERE ARE ADDITIONAL IDEAS AND THINGS THAT WE ARE PURSUING. THEY ARE LISTED IN THE MATERIALS THAT HAVE BEEN PROVIDED TO YOU. IN ADDITION, THERE WAS SOME RESEARCH THAT WAS CONDUCTED ON -- ON EXAMINING HOW THE LOWER COLORADO RIVER AUTHORITY DELIVERS BOTH WATER AND WASTEWATER SERVICES TO UNDERSERVED AREAS AND THAT MATERIAL MAY BE OF INTEREST TO YOU. WITH THAT I'LL CLOSE MY FORMAL REMARKS AND ASK IF THERE ARE ANY QUESTIONS OR COMMENTS. AND I DON'T KNOW IF ANY OF THE OTHER MEMBERS HAVE YET ARRIVED, SO I GUESS I'LL --

Mayor Garcia: I SEE MR. -- ANDY, DO YOU WANT TO COME UP? WE THANK YOU FOR ALL THE WORK YOU'VE DONE IN THIS PARTICULAR AREA. I KNOW THAT THE CITY AND LCRA HAVE BEEN WORKING TOGETHER ON EXTENDING LINES, WATER LINES AND WASTEWATER LINES, AND HOW THOSE EXTENSIONS IMPACT, ESPECIALLY ENVIRONMENTAL QUALITY IN THE AREA. AND SO I'M SURE THAT WE WILL LOOK AT THE REPORT, WATER AND WASTEWATER WILL LOOK AT IT, LCRA WILL LOOK AT IT, AND SEE HOW IT IS THAT WE CAN BENEFIT FROM THE RECOMMENDATIONS IN THE REPORT. ARE THERE ANY QUESTIONS FOR THE -- FOR DOCTOR -- GIVE ME YOUR NAME AGAIN.

DAVID EATON FROM THE UNIVERSITY OF TEXAS.

Mayor Garcia: SCHOOL OF ENGINEERING?

NO, THE LBJ SCHOOL OF PUBLIC AFFAIRS.

Mayor Garcia: OKAY. QUESTIONS FOR MR. EATON, DR. EATON? ANY COMMENTS?

I WOULD LIKE TO JUST REINFORCE ONE THING THAT DR. EATON MENTIONED THAT I THINK THE EXERCISE OVER THE LAST 14 OR 15 MONTHS HAS BEEN VERY USEFUL TO BOTH ORGANIZATIONS, THE FACT THAT THE TWO STAFFS OF THE ORGANIZATIONS ARE BROUGHT TOGETHER TO SUPPORT THIS COMMITTEE HAS LED TO DISCUSSIONS AND CONVERSATIONS THAT PROBABLY WOULD HAVE BEEN MADE WITH GREATER DIFFICULTY HAD NOT THIS COMMITTEE PROVIDED THE FORUM. SO IT'S BEEN USEFUL FROM THAT SIDE.

Mayor Garcia: OKAY. THANK YOU VERY MUCH, DR. EATON. ANDY, THANK YOU. THE LAST BRIEFING IS BRIEFING ON ALTERNATIVE PURCHASING AND CONSTRUCTION PROCUREMENT METHODS. LET ME ANNOUNCE BEFORE THE BRIEFING IS PRESENTED THAT THIS FUNDAMENTALLY IS THE IMPLEMENTATION OF SENATE BILL 10. ITEM 29 39 IS THE ACTION -- 39 IS THE ACTION ITEM AND THIS ITEM WILL BE TAKEN UP THIS AFTERNOON. AND WHAT WE'RE HAVING THIS MORNING IS A PRESENTATION BY STAFF ON HOW THIS PARTICULAR METHOD WORKS, AND DEPUTY CITY MANAGER JOE CANALES IS HERE TO MAKE THE PRESENTATION TOGETHER WITH SOME FOLKS THAT ARE GOING TO BE IN CHARGE OF ADDRESSING THIS PARTICULAR ISSUE. WELCOME, SIR.

THANK YOU, MAYOR. LET ME DO AN INTRODUCTION, IF MY VOICE WILL ALLOW. THIS MORNING WE WOULD LIKE TO BRIEF THE ENTIRE COUNCIL ON SENATE BILL 510 AND GO OVER METHODS AVAILABLE FOR THE COUNCIL TO CONSIDER FOR THE CONSTRUCTION OF CITY HALL. VERY BRIEFLY, THE SENATE BILL THAT YOU WILL BE BRIEFED ON ALLOWS CERTAIN PROVISIONS THAT PROVIDES GREATER FLEXIBILITY IN THE CONSTRUCTION METHODS THAT THE COUNCIL CAN CONSIDER IN THE CONSTRUCTION OF CITY HALL. FIRST OF ALL, I WOULD LIKE TO POINT OUT THAT THE AUTHORITY FOR MAKING THAT DECISION RESIDES SOLELY WITH THE COUNCIL IN TERMS OF WHAT METHOD WILL BE USED AND OTHERS IN THE COMPETITIVE BIDDING PROCESS. WE ALSO MUST DETERMINE THE CONTRACTING METHOD BEFORE ADVERTISING. THAT'S VERY IMPORTANT. AND ALSO, WE MUST PUBLISH THE CRITERIA USED TO EVALUATE AND THE RELATIVE WEIGHTS ASSOCIATED WITH THAT INSTRUMENT. THE M.B.E./WOOEB COMMITTEE AND THE COUNCIL SUBCOMMITTEE HAVE BEEN WORKING FOR THE LAST YEAR TO DEVELOP THAT CRITERIA, AND THAT CRITERIA HAS BEEN COMPLETED AND IS AVAILABLE IN YOUR PACKET. NOW WHAT WE HAVE BEFORE YOU IS THE OPPORTUNITY TO SELECT THE METHODOLOGY FOR THE CONSTRUCTION OF CITY HALL, AND WHAT WE WOULD LIKE TO DO THIS MORNING IS TO PROVIDE A BRIEF BACKGROUND TO THE VARIOUS OPTIONS AND TO GO OVER WITH YOU SOME OF THE POINTS ASSOCIATED WITH THE -- WITH THE PIECE OF LEGISLATION. AT THIS TIME I WOULD LIKE TO TURN IT OVER TO THE STAFF. MR. [INAUDIBLE] HAS BEEN PROVIDING US WITH LEGAL PROCESS THROUGHOUT THE PROCESS. MR. PETER ROOEK IS THE PUBLIC WORKS DIRECTOR. GENTLEMEN.

MAYOR, COUNCILMEMBERS, I'M LINO MENDOLINO. PLEASED TO PRESENT A BRIEFING REGARDING SENATE BILL 510 THAT WILL CULMINATE WITH CHOOSING THE METHOD FOR CITY HALL. TEXAS CITIES HAVE A LONG HISTORY OF USING THE COMPETITIVE LOW BID METHOD FOR PROCURING COME ON THE ADVERTISE, NON-PROFESSIONAL SERVICES AND CONSTRUCTION. IN 2001, THE 77th LEGISLATURE GREATLY EXPANDED THE AUTHORITY OF TEXAS CITIES TO USE ALTERNATIVE METHODS OF TEXAS CITIES TO PROCURE VARIOUS ITEMS INCLUDING NON-PROFESSIONAL ITEMS, COMMODITIES AND VIRTUAL CONSTRUCTION. IT'S IMPORTANT TO NOTE THAT SENATE BILL 510 APLEASE TO EACH OF THESE AREAS, ALTHOUGH MOST OF OUR COMMENTS ARE GOING TO FOCUS ON THE CONSTRUCTION PORTION. WHAT I'M GOING TO DO IS SET OUT THE GENERAL FRAMEWORK OF SB 510, AND FRED EVANS WILL WALK YOU THROUGH THE TECHNICAL AND DETAILED ANALYSIS OF THE VARIOUS PROCUREMENT METHODS. SO WE MADE OUR FIRST PRESENTATION TO THE SUBCOMMITTEE A YEAR AGO IN SEPTEMBER 2001, AND SINCE THEN WE'VE ALSO HAD NUMEROUS DISCUSSIONS WITH THE ADVISORY COMMITTEE, THE M.B.E. ADVISORY COMMITTEE, AND WE'RE PLEASED TO PRESENT THIS TO YOU AS A COMPLETE COUNCIL. IF WE LOOK AT THE NEXT SLIDE REGARDING VERTICAL CONSTRUCTION, SB 510 APPLIES ONLY TO THE CONSTRUCTION OF A FACILITY. AND A FACILITY IS DEFINED AS THE BUILDING -- A BUILDING FOR WHICH THE DESIGN AND CONSTRUCTION IS GOVERNED BY ACCEPTED BUILDING CODES. SB 510 DOES NOT APPLY TO CIVIL ENGINEERING CONSTRUCTION OR BUILDINGS THAT ARE INCIDENTAL TO CIVIL ENGINEERING CONSTRUCTION. SO THE COUNCIL HAS AUTHORITY TO AUTHORIZE ALTERNATIVE DELIVERY MET METHOD FOR THINGS LIKE LIBRARIES, FIRE STATIONS, AND, OF COURSE, THE NEW CITY HALL PROJECT. IT DOES NOT HAVE AUTHORITY UNDER THE STATUTE TO APPLY ALTERNATIVE DELIVERY METHODS TO THINGS LIKE ROADS, BRIDGES, OR THOSE TYPES OF THINGS, OR EVEN PERHAPS A PUMPING STATION THAT WOULD BE A BUILDING, BUT IT WOULD BE INCIDENTAL TO CIVIL ENGINEERING CONSTRUCTION PROJECT. NOW, AS MR. CANALES MENTIONED, THE FULL AUTHORITY OF DECIDING WHICH DELIVERY METHOD APPLIES TO ANY PARTICULAR PROCUREMENT RESIDES WITH THE CITY COUNCIL. AND CITY COUNCIL HAS TO DECIDE WHICH DELIVERY METHOD WILL GIVE THE CITY THE BEST OPPORTUNITY TO ACHIEVE BEST VALUE PRIOR TO DECIDING TO SOLICIT THAT PARTICULAR ITEM. AND AS MR. CANALES ALSO MENTIONED, THAT DECISION MUST BE MADE PRIOR TO ADVERTISING SO ALL CONTRACTORS HAVE AN OPPORTUNITY TO COMPETE ON A LEVEL PLAYING FIELD. FURTHERMORE, THE CRITERIA MUST BE PUBLISHED SO THAT ALL PROSPECTIVE BIDDERS OR PROPOSERS HAVE AN OPPORTUNITY TO KNOW EXACTLY WHAT CRITERIA THE CITY WILL USE TO DETERMINE BEST VALUE. NOW, THERE ARE DIFFERENT METHODS. IN FACT, THERE ARE THREE NEW METHODS THAT SB 510 ALLOWS THE CITY TO USE, AND THOSE THREE METHODS ARE GOING TO BE DISCUSSED BY FRED, BUT GENERALLY THEY ARE DESIGN BUILD, CONSTRUCTION MANAGER AT RISK AND COMPETITIVE SEALED PROPOSAL. WHEN THE CITY COUNCIL IS DETERMINING WHICH METHOD SHOULD BE USED IN THE PARTICULAR PROCUREMENT IN WHICH ONE IS MOST LIKELY TO DELIVER BEST VALUE, IT'S IMPORTANT TO OBVIOUSLY RECOGNIZE THE DIFFERENT METHODS HAVE DIFFERENT ADVANTAGES. AND THERE ARE DIFFERENT CONSIDERATIONS THAT MUST BE CONSIDERED IN DETERMINING WHICH METHOD WILL HAVE BEST VALUE. AND SOME OF THE CONSIDERATIONS THAT THE COUNCIL MAY WISH TO CONSIDER IN DETERMINING WHICH METHOD TO USE ARE THINGS LIKE WHETHER OR NOT THERE IS AN AGGRESSIVE SCHEDULE FOR COMPLETION OF THE PROJECT OR WHETHER OR NOT THERE NEEDS TO BE A COMPRESSED SCHEDULE TO APPLY THE DESIGN PHASE AND CONSTRUCTION PHASE ALL IN ONE PHASE. ANOTHER CONSIDERATION MIGHT BE WHETHER OR NOT THERE ARE TECHNICAL COMPLEXITIES IN THE PROJECT THAT ARE OVER AND ABOVE THE USUAL COMPLEXITIES AASSOCIATED WITH VERTICAL CONSTRUCTION. ANOTHER CONSIDERATION MIGHT BE WHETHER THERE NEEDS TO BE PARTICULAR EMPHASIS ON CONSTRUCTION QUALITY. THERE IS OBVIOUSLY ALWAYS AN EMPHASIS ON CONSTRUCTION QUALITY, BUT IF THERE IS A PARTICULAR NEED TO EVALUATE THE TECHNICAL EXPERIENCE OF THE RESPECTIVE BIDDERS OR EVEN PERHAPS THE TECHNICAL EXPERIENCE OF THE RESPECTIVE OR PROSPECTIVE SUBCONTRACTORS, ONE METHOD MAY BE BETTER THAN ANOTHER METHOD TO ALLOW THE CITY COUNCIL TO DO THAT. FINALLY, THE CITY COUNCIL MAY ALSO WISH TO CONSIDER WHETHER OR NOT THERE IS A SPECIAL NEED TO FOCUS ON SUBCONTRACTOR OPPORTUNITIES. IF THERE IS, THEN ONE METHOD MAY BE BETTER THAN ANOTHER MELT THOD TO DETERMINE WHETHER OR NOT SUBCONTRACTOR OPPORTUNITIES ARE MAXIMIZE UNDERSTAND A PARTICULAR PROCUREMENT. THE NEXT SLIDE IS A INTRODUCTION INTO THE PARTICULAR METHODS. AND IN DETERMINING WHETHER OR NOT TO USE A PARTICULAR METHOD, IT'S IMPORTANT TO FOCUS ON WHETHER OR NOT THERE IS A BUSINESS PURPOSE FOR THAT PARTICULAR METHOD. AND IF, FOR EXAMPLE, A PROJECT IS DIFFICULT TO DESIGN OR A SUBJECT TO CHANGE AFTER THE CONTRACT THE PROCURED, SOME METHODS, FOR EXAMPLE, DESIGN BUILD, MIGHT BE MORE APPROPRIATE THAN, FOR EXAMPLE, TRADITIONAL COMPETITIVE BIDDING OR EVEN COMPETITIVE SEALED PROPOSAL. SO IT'S IMPORTANT TO FOCUS ON WHERE THE PROJECT IS IN ITS DEVELOPMENT. AS MR. CANALES MENTIONED, THE CITY COUNCIL SHOULD DETERMINE WHICH METHOD TO USE PRIOR TO OBVIOUSLY AWARDING THE CONTRACT, AND IN FACT PRIOR TO -- FITS POSSIBLE, PRIOR TO EVEN BEGINNING THE DESIGN OF THE CONTRACT. IF YOU DECIDE WHICH METHOD TO USE PRIOR TO THE DESIGN OF THE CONTRACT, YOU WILL HAVE THE FULL ARRAY OF METHODS AT YOUR DISPOSAL, AND ALSO THE CITY WILL BE ABLE TO REAP THE FULL BENEFIT OF ANY OF THE PARTICULAR METHODS. SO IF, FOR EXAMPLE, IF THE DESIGN PORTION OF A PROJECT IS ESSENTIALLY COMPLETE, SOME OF THE BENEFITS OF METHODS SUCH AS DESIGN BUILD OR CONSTRUCTION MANAGER AT RISK MAY NOT BE AVAILABLE TO THE CITY THE SAME WAY THEY WOULD HAVE BEEN HAD THE FULL PROCESS STILL BEEN COMING. SO WITH THAT SHORT INTRODUCTION ABOUT SB 510, I'M HAPPY TO ANSWER ANY QUESTIONS YOU HAVE REGARDING THE COUNCIL'S AUTHORITY UNDER THE STATUTE. BUT WE'RE ALSO AT THIS POINT READY TO MOVE INTO A DESCRIPTION ABOUT THE ACTUAL ALTERNATIVE DELIVERY METHODS THAT I THINK MR. EVANS WILL OFFER.

GOOD MORNING MAYOR AND COUNCIL. MY NAME IS FRED EVANS WITH THE PUBLIC WORKS DEPARTMENT. AS MR. MENDIOLA SAID, I WOULD LIKE TO TALK TO YOU ABOUT THE NEW METHODS AVAILABLE TO US. JUST QUICKLY, THE WAY WORK COMPETITIVE BIDDING WAS THE NORM AND HAD BEEN FOR A LONG TIME. WE DID HAVE THE OPPORTUNITY TO DO JOB ORDER CONTRACTING, BUT THAT'S REALLY GEARED TOWARD MINOR REPAIR AND REMODELING PROJECTS AND WOULD HAVE HAD TO HAVE BEEN SECURED BY LOW BID. CONSTRUCTION MANAGER AGENT, EVEN THOUGH IT SOUNDS LIKE A CONSTRUCTION SERVICE IS ACTUALLY NOT. IT'S PURE PROFESSIONAL SERVICE AND IS SIMILAR TO GILL BANES'S ROLE THEY PLAYED ON THE CONVENTION CENTER EXPANSION. THE NEW OPTIONS AVAILABLE TO US AS HAS BEEN INDICATED ARE COMPETITIVE SEALED PROPOSALS FOR GENERAL CONTRACTORS, CONSTRUCTION MANAGER AT RISK, AND DESIGN BUILD, WHICH THERE IS A LITTLE DERIVATION CALLED BRIDGING ASSOCIATED WITH DESIGN BUILD. THE COMPETITIVE SEALED PROPOSAL PROCESS IS VERY SIMILAR TO THE PROCESS USED -- WHEN YOU LOOK AT THE PROCESS, IT'S VERY SIMILAR TO COMPETITIVE BIDDING IN THAT IT'S A VERY LINEAR PROCESS. YOU COMPLETE THE DESIGN, THEN YOU SECURE -- GO THROUGH THE PROCESS OF SECURING A GENERAL CONTRACTOR. WHEN YOU LOOK AT THE STRUCTURE OF THE TEAM, IT'S VERY SIMILAR TO COMPETITIVE BIDDING AS WELL. WE HAVE INDEPENDENT ARCHITECT AND ENGINEERING FIRM AND THE GENERAL CONTRACTOR WITH ALL THE SUBS COMING THROUGH THE GENERAL CONTRACTOR. SOME OF THE DISTINCTIONS ON COMPETITIVE SEALED PROPOSAL IS IT ALLOWS US AS A CITY TO DETERMINE THE BEST VALUE IN EVALUATING THE GENERAL CONTRACTOR. AND CONSIDER MORE THAN JUST PRICE. I'M GOING THROUGH AN R.F.P. PROCESS. IT'S ONE OF THE EASIER METHODS FOR US TO IMPLEMENT BECAUSE IT UTILIZES OUR EXISTING CONTRACTS AND EXPERTISE AND STAFF RESOURCES. IT ALSO IS A BIG ADVANTAGE OF COMPETITIVE SEALED PROPOSAL IT WOULD ALLOW US -- PRIOR TO ENTERING INTO A CONTRACT WITH THAT FIRM. IT, LIKE COMPETITIVE BIDDING, IS BEST SUITED FOR THOSE PROJECTS THAT DON'T HAVE A TIGHT SCHEDULE BECAUSE IT DOES A VERY LINEAR PROCESS. AND THOSE PROJECTS ARE NOT SUBJECT TO CHANGE AFTER YOU'VE COMPLETED YOUR BID OR PROFESSIONAL PROCESS. -- PROPOSAL PROCESS. THE DISTINCTION WITH CONSTRUCTION MANAGER AT RISK AS YOU WILL SEE IN THE DIAGRAM OF THE PHASES, IT ALLOWS FOR SOME OVERLAP BETWEEN DESIGN AND CONSTRUCTION. NORMALLY THE CONSTRUCTION MANAGER AT RISK WILL BE BROUGHT IN DURING DESIGN, BE PART OF THE PROJECT TEAM, AND BECAUSE THEY ARE PART OF THE TEAM DURING DESIGN, YOU CAN START SECURING YOUR TRADE SUBCONTRACTS AND STARTING CONSTRUCTION BEFORE THE DESIGN IS COMPLETE. THE TEAM STRUCTURE LOOKS TO VERY SIMILAR TO WHAT WE HAVE WITH A GENERAL CONTRACTOR. IN MANY WAYS THE CONSTRUCTION MANAGER AT RISK ACTS AS A GENERAL CONTRACTOR. ALL IS SUB TRADES EVENTUALLY GO THROUGH THE CONSTRUCTION MANAGER. THE PROCESS ALLOWED UNDER SENATE BILL 510 TO SELECT THE CONSTRUCTION MANAGER AT RISK IS EITHER ONE STEP OR TWO STEP. ONE STEP R.F.P. OR BREAKING IT INTO TWO STEPS DOING A RFQ, DEVELOPING A SHORT LIST OF NO MORE THAN FIVE FIRMS AND ASKING THOSE FIVE FIRMS TO RESPOND TO AN R.F.P. WHICH COULD INCLUDE COST CONSIDERATIONS. AS THE CHART INDICATED, IT DOES HELP US IN FAST TRACKING PROJECTS, CUTTING DOWN THE DELIVERY SCHEDULE. IT, UNLIKE THE COMPETITIVE BID PROPOSER WHERE DID HE DON'T KNOW THE COST OF CONSTRUCTION UNTIL AT THE END OF DESIGN, IT ALLOWS US TO ESTABLISH THE COSTS DURING DESIGN WHEN THE CONSTRUCTION MANAGER IS ON BOARD. IT IS A NEW METHODOLOGY AND ONE WE HAVEN'T USED BEFORE SO IT WILL REQUIRE DEVELOPMENT OF NEW CONTRACT DOCUMENTS. IT IS WELL SUITED FOR LARGE PROJECTS, THOSE THAT ARE COMPLEX AND THOSE THAT ARE SCHEDULE SENSITIVE. DESIGN BUILD IS ONE OF THE MORE UNIQUE OPTIONS AVAILABLE TO THE CITY NOW IN THAT IT INCLUDES DESIGN SERVICES COMBINED WITH THE CONSTRUCTION SERVICES. THE CITY WOULD CONTRACT WITH JUST ONE FIRM TO PROVIDE TURNKEY DESIGN CONSTRUCTION SERVICES AND DESIGN. BECAUSE OF THE STRUCTURE, YOU BASICALLY HAVE JUST ONE PHASE, THE DESIGN AND CONSTRUCTION. AND IT OFFERS EVEN GREATER OPPORTUNITIES TO COMPRESS THE SCHEDULE. AND SO WHEN YOU LOOK AT THE PROJECT TEAM AS WELL, IT'S VERY SIMPLIFIED. WE WOULD HAVE A SINGLE POINT OF CONTACT OR SINGLE LINE OF CONTRACTUAL LIABILITY FOR BOTH DESIGN AND CONSTRUCTION SERVICES WITH THAT FIRM BRINGING ALL THE TRADE SUBCONTRACTORS TO THE TABLE. SINCE PROFESSIONAL SERVICES ARE EMBED UNDERSTAND THIS CONTRACT, THE LAW REQUIRES THAT WE HAVE TO GO THROUGH A TWO-STEP PROCESS SIMILAR TO THE ONE I OUTLINED AS AN OPTION ON CONSTRUCTION MANAGER AT RISK. RFQ FOLLOWED BY RFP. IT'S BETTER SUITED FOR LARGER PROJECTS AND PARTICULARLY THOSE WITH A VERY TIGHT DELIVERY SCHEDULE. AS HAS BEEN INDICATED, STAFF IN TERMS OF GENERAL IMPLEMENTATION OF SENATE BILL 510, STAFF HAS BEEN WORKING WITH THE M.B.E. ADVICE HAVE I COMMITTEE AND SUBCOMMITTEE TO WORK TOWARD IMPLEMENTATION OF OUR NEW OPTIONS. ONE THING THAT WE'RE STILL IN THE PROCESS OF WORKING ON IS THE METHOD BY WHICH WE DETERMINE WHICH PROJECTS WILL USE THE NEW ALTERNATIVE METHODS, HOW THAT WILL BE DECIDED AND WHEN THAT WILL BE DECIDED. STAFF WILL BE COMING BACK TO COUNCIL WITH RECOMMENDATIONS ON THAT. ONE THING WE'VE GOTTEN FURTHER ON, WHICH HAS BEEN MENTIONED, IS THE EVALUATION CRITERIA THAT WOULD BE UTILIZED FOR FOR EVALUATING FIRMS RESPONDING TO PROPOSALS OR RFQs FOR ANY OF THESE THET METHODS AND THAT HAS MOVED THROUGH THE ADVISORY COMMITTEE AND SUBCOMMITTEE AND GAINED RECOMMENDATION. MOVE TOMOVING TO THE SPECIFIC IMPLEMENTATION ON THE NEW CITY HALL AND PLAZA PROJECT, WE FIRST WANTED TO JUST QUICKLY STEP BACK AND WE HAD STAFF REVIEW THE GOALS ESTABLISHED BACK IN JULY OF 2000 FOR THE PROJECT TEAM. THERE ARE MANY DESIGN OBJECTIVES. I WON'T RUN THROUGH THEM ALL, BUT WE WERE ALL STRIVING TO CREATE A JEWEL, AND SOME OF THE GOALS SPOKE TO OTHER MAINTENANCE AND INCORPORATING SUSTAINABLE DESIGN PRACTICES. AS WITH ANY PROJECT, THERE ARE ALSO GOALS RELATED TO MAINTAINING THE BUDGET. TRYING TO KEEP THE PROJECT ON SCHEDULE AND LOOKING TO TRY TO DELIVER THE PROJECT IN A WAY THAT REFLECTED THE DIVERSITY OF THE COMMUNITY. THE PROJECT, AS YOU ARE AWAY, HAS BEEN MOVING ALONG FOR SOME TIME. IT BEGAN IN 1999 WITH SOME OF THE DEMOLITION DOWNTOWN. WE BROUGHT ON THE ARCHITECT ENGINEERING TEAM IN 2000. AND THE DESIGN FOR THE BUILDING AND PLAZA WAS STARTED IN 2000. JUST THIS YEAR -- EXCUSE ME, IN 2001, WE STARTED THE EXCAVATION AND TUNNEL CONTRACT, FOLLOWED BY THE GARAGE CONSTRUCTION CONTRACT, WHICH IS JUST NOW BEEN COMPLETED THIS MONTH. WE ARE ANTICIPATING GOING ON TO THE STREETS WITH THE SOLICITATION FOR THE REMAINING PHASE, THE BUILDING AND PLAZA IN MID SEPTEMBER OF THIS YEAR. WHEN WE WERE LOOKING AT THE NEW CITY HALL AND PLAZA PROJECT, WE PUT THE THREE-THREE OF THE DELIVERY METHODS UP SIDE BY SIDE AND RAN A COMPARISON OF THE -- OF HOW THEY STACKED UP. WE LOOKED AT COMPETITIVE BIDDING, COMPETITIVE SELF-PROPOSALS AND CONSTRUCTION MANAGER AT RISK. I WOULD LIKE TO RUN THROUGH QUICKLY SOME OF THE KEY POINTS OF WHAT WE DISCOVERED IN COMPARING THOSE METHODS. IN THE AREA OF COST ISSUES, WITH COMPETITIVE BIDDING, WE HAVE TO ACCEPT THE LOWEST RESPONSIBLE BIDDER. AND I THINK COUNCIL IS WELL AWARE OF THAT. WITH THE OTHER TWO METHODS, THEY FALL INTO THE BEST VALUE CATEGORY AND ALLOW US TO CONSIDER MORE THAN JUST PRICE. THE CONSTRUCTION MANAGER AT RISK METHOD IS UNIQUE IN THAT THE TRADE SUBS AND THEIR PRICING ARE DETERMINED AFTER WE HAVE THE CONSTRUCTION MANAGER ON BOARD. CONSTRUCTION MANAGER AT RISK IS ALSO UNIQUE IN THAT THE TOTAL CONSTRUCTION COST IS DETERMINED AFTER THE CONSTRUCTION MANAGER IS ON BOARD, WHEREAS IN THE OTHER TWO METHODS, WE WOULD HAVE THE TOTAL CONSTRUCTION COST AT AWARD OF THE CONTRACT. WITH ALL THREE METHODS, WE HAVE SOME POTENTIAL LIABILITY IF WE CHANGE SUBCONTRACTORS OR PRECIPITATE A CHANGE. UNDER COMPETITIVE BIDDING OF PROPOSALS, IF WE REQUIRE A CHANGE IN SUBS, WE COULD BE SUBJECT TO ADDITIONAL COSTS. UNDER CONSTRUCTION MANAGER AT RISK, IF WE REQUIRE ACCEPTANCE OF A SUB OTHER THAN THAT RECOMMENDED BY THE CONSTRUCTION MANAGER, AGAIN, WE CAN INCUR ADDITIONAL COSTS. THE EXISTING ARCHITECTURAL AND ENGINEERING CONTRACT FOR THE CITY HALL AND PLAZA ANTICIPATED COMPETITIVE BIDDING, SO IF WE WENT THAT ROUTE THERE WOULD BE NO IMPACT. IF WE WENT COMPETITIVE SEALED BIDDING THERE WOULD BE SOME INCREASE. WITH CONSTRUCTION MANAGER AT RISK WE WOULD ANTICIPATE ADDITIONAL INVOLVEMENT AND TIME THAT WOULD EQUATE TO A FEW MORE CHANGES IN THEIR CONTRACT. THE NEXT AREA WE LOOKED AT WAS HOW THEY COMPARED IN SUBCONTRACTOR OPPORTUNITIES. IN ALL THREE METHODS, WE CAN USE EXPANDED, SOME OF THE CITY'S NEW EX PLANNED OUTREACH -- EXPANDED METHOD DOLLARS T CONSTRUCTION MANAGER AT RISK WAS UNIQUE. WITH CONSTRUCTION MANAGER AT RISK, WE WOULD NOT BE RECEIVING A FULL COMPLIANCE PLAN AT THE TIME OF SELECTION OF THE CONSTRUCTION MANAGER. THE COMPLIANCE PLAN WOULD BE COMPLETED LATER AND AFTER THE CONSTRUCTION MANAGER WAS ON BOARD. UNDER ALL THREE METHODS, THE CONSTRUCTION MANAGER GENERAL CONTRACTOR CAN SELF-PERFORM SOME OF THE ASPECTS OF THE WORK W THE LAW DOES SAY FOR CONSTRUCTION MANAGER THEY HAVE TO FIRST COMPETE ON EQUAL FOOTING WITH OTHER TRADE SUBCONTRACTORS BEFORE THEY CAN DO THAT. OTHER ITEMS IN SUBCONTRACTOR OPPORTUNITIES, BOTH OF THE BEST VALUE ALTERNATIVE, COMPETITIVE SEALED PROPOSALS AND CONSTRUCTION MANAGER, ALLOW US TO EVALUATE THE CONTRACTOR WITH REGARD TO THEIR PAST PERFORMANCE AND PAST COMPLIANCE UNDER CITY CONTRACTS. THE CITY -- EXCUSE ME, THE CONSTRUCTION MANAGER AT RISK IS UNIQUE IN THAT IT ALLOWS THE CITY THE REVIEW THE BID AND PROPOSALS AS THEY ARE RECEIVED BY THE CONSTRUCTION MANAGER FOR THE INDIVIDUAL TRADE SUBCONTRACTS. THE NEXT THING WE COMPARED WAS SCHEDULE ISSUES. WHEN WE SET THE THREE SIDE BY SIDE, OUR STANDARD DELIVERY METHOD, COMPETITIVE BIDDING USUALLY RUNS ABOUT 15 WEEKS FROM START OF THE SOLICITATION PERIOD TO STARTING -- GIVING NOTICE TO PROCEED FOR CONSTRUCTION. COMPETITIVE SEALED PROPOSALS IMPLEMENTS A AN EVALUATION PROCESS AS WELL AS POTENTIAL FOR NEGOTIATION PROCESS. EXPANDS THE TIME FRAME A LITTLE BIT. WE'RE ESTIMATING ABOUT FIVE WEEKS OR FOR A TOTAL OF A 20-WEEK PROCESS. WITH CONSTRUCTION MANAGER AT RISK, PARTICULARLY WHETHER WE LOOK AT THE TWO-STEP PROCESS OF RFQ AND RFP AND THE FACT WE DON'T BRING ON THE TRADES INITIALLY BUT LATER, WE'RE THINKING THAT WOULD INCREASE THE SOLICITATION AWARD PERIOD TO 33 WEEKS. IN BOTH OF THE BEST VALUE SCENARIOS AS COMPARED TO COMPETITIVE BIDDING, WE DO HAVE AN OPPORTUNITY TO NEGOTIATE WITH A SUCCESSFUL FIRM WITH REGARD TO SCHEDULE. AND COMPETITIVE BIDDING WE DEFINE THE SCHEDULE AND THE FIRM ACCEPTS THAT. BUT WE WOULD HAVE AN OPPORTUNITY TO NEGOTIATE SCHEDULE AMONG OTHER TERMS WITH THE OTHER TWO METHODS. AGAIN, ON THE BEST VALUE OPTION SES, WE HAVE THE OPPORTUNITY TO EVALUATE THE CONTRACTOR'S PAST PERFORMANCE IN RELATIONSHIP TO SCHEDULE AS WELL. WITH REGARD TO QUALITY ASSURANCE, BOTH BEST VALUE METHODS ALLOW US TO EVALUATE THE CONTRACTOR'S PERFORMANCE ON PREVIOUS PROJECT. AND THEIR COMPARABLE EXPERIENCE AS IT RELATES TO QUALITY. SOME OF THE OTHER CRGZ WE ATIONS ARE COMPETITIVE BIDDING SINCE WE'VE DONE IT FOR A WHILE, WE HAVE THE RESOURCES IN PLACE. COMPETITIVE SEALED PROPOSALS, WE CAN USE THE MAJORITY OF EXPERIENCE AND TOOLS WE HAVE IN PLACE AND WE HAVE RECENT EXPERIENCE WITH ONE COMPETITIVE SEALED PROPOSAL. WITH CONSTRUCTION MANAGER AT RISK, WE'LL HAVE THE DEVELOP NEW SOLICITATION AND CONTRACT DOCUMENTS. AS IT COMES DOWN, WE DO NOT HAVE EXPERIENCE WITH THIS DELIVERY METHOD AT THIS POINT. AT THIS TIME I WOULD LIKE TO TURN OVER THE PRESENTATION TO PETER RIECK.

> GOOD MORNING, MAYOR AND COUNCIL. I'M PETER RIECK. BECAUSE THIS IS THE FIRST TIME THAT STAFF AND COUNCIL OBVIOUSLY HAS THE OPPORTUNITY TO CONSIDER AN ALTERNATIVE DELIVERY METHOD FOR A PROJECT, AND GIVEN SOME OF THE FACTORS THAT FRED HAS MENTIONED AND THE FACT THAT THIS IS A NEW METHODOLOGY OR THE THREE METHODS WEE DESCRIBED ARE NEW TO UTION, WE ARE RECOMMENDING THAT THE PROCUREMENT PROCESS FOR CITY HALL IS THE COMPETITIVE SEALED PROPOSAL PROCESS. WE HAVE MADE THAT RECOMMENDATION RESPECTIVELY TO THE M.B.E. ADVISORY COMMITTEE AND SUBSEQUENTLY TO THE MOOIB SUBCOMMITTEE OF OF THE CITY COUNCIL. BOTH HAVE VOTED TO RECOMMEND OR MOVE FORWARD WITH THE CONSTRUCTION MANAGER AT RISK. WHAT WE WOULD SUGGEST TO THE CITY COUNCIL IF THE CONSTRUCTION MANAGER AT RISK IS CHOSEN FOR THE CITY HALL AND THE PLAZA PROJECT, TO TAKE SOME OR TO PUT CERTAIN CONDITIONS OR CONSIDERATIONS ON THAT METHODOLOGY. RELATIVE TO COST ISSUES, WE WOULD RECOMMEND TO NEGOTIATE A LUMP-SUM CONSTRUCTION CONTRACT WITH THE CONSTRUCTION MANAGER AT RISK AFTER THE TRADE SUBCONTRACTORS HAVE BEEN SELECTED. WE'RE ALSO RECOMMENDING THAT COUNCIL AUTHORIZES THE USE OF A CONSULTANT WHO HAS EXPERIENCE WITH THE CONSTRUCTION MANAGER AT RISK TO ASSIST CITY STAFF IN BRINGING ON A CONSTRUCTION MANAGER AT RISK AND GOING THROUGH THE SELECTION PROCESS AND THE -- ULTIMATELY THE SUBCONTRACTOR EVALUATIONS. AS FAR AS SUBCONTRACTOR OPPORTUNITIES ARE CONCERNED, WE WOULD ALSO SUGGEST THAT THE M.B.E. GOALS FOR THE SOLICITATION GET ESTABLISHED AS WE SOLICIT FOR THE CONSTRUCTION MANAGER AT RISK. WE WOULD REQUIRE A STATEMENT OF INTENT FROM THE CONSTRUCTION MANAGER AT RISK TO MEET GOALS OR AT LEAST MAKE THE GOOD FAITH EFFORT. WE WOULD ALSO SUGGEST THAT THE CONSTRUCTION MANAGER AT RISK IS REQUIRED TO USE COMPETITIVE SEALED PROPOSALS IN THE SELECTION OF TRADE SUBCONTRACTORS THAT WOULD INCREASE THE FLEXIBILITY OF SELECTING THE APPROPRIATE SUBCONTRACTORS OVER A COMPETITIVE BID SCENARIO. AND LASTLY, WE CERTAINLY WOULD WANT TO STIPULATE THAT THE COMPLIANCE PLAN IS REVIEWED AND APPROVED PRIOR TO ENTERING INTO THE FINAL CONTRACT WITH THE CONSTRUCTION MANAGER AT RISK FOR CONSTRUCTION SERVICES. AND WE WOULD CERTAINLY BE HAPPY TO RESPOND TO ANY QUESTIONS COUNCIL MAY HAVE AND ANY SUGGESTIONS WE COULD STILL INCORPORATE IN THIS AFTERNOON'S ACTION ITEM.

[INAUDIBLE].

IF THE COUNCIL WOULD LIKE TO PROVIDE US SOME GENERAL DIRECTION THIS MORNING, WE CAN INCORPORATE THOSE CONSIDERATIONS INTO THE LANGUAGE OF A RESOLUTION SO THAT THE COUNCIL COULD HAVE THAT RESOLUTION AVAILABLE THIS AFTERNOON.

Mayor Garcia: OKAY. THERE IS THE FIRST DRAFT, AND I THINK SOME OF THE COUNCILMEMBERS HAVE SEEN IT. AT LEAST I THINK EVERYBODY HAS HAD A CHANCE TO LOOK AT IT. WE DON'T TAKE ANY ACTION, BUT IF COUNCIL IS OKAY WITH IT, WE WILL DIRECT THE STAFF TO GO AHEAD AND WORK ON THE RESOLUTION. ARE THERE ANY QUESTIONS OR COMMENTS WITH REGARD TO THIS PARTICULAR ISSUE? COUNCILMEMBER WYNN.

Wynn: THANK YOU.

Mayor Garcia: AND THEN, COUNCILMEMBER ALVAREZ.

Wynn: MR. RIECK, I WANT TO UNDERSTAND THE OVERALL SCHEDULE FOR THE TOTAL PROJECT. I THINK I HEARD OR REMEMBER WE WENT TO A PARTY RECENTLY SO THE GARAGE PORTION IS FINISHING THIS MONTH. CORRECT?

THAT IS CORRECT.

Wynn: AND SO ARE YOU SAYING NO MATTER WHAT WE CHOOSE, EVEN IF WE DID OUR NORMAL COMPETITIVE BIDDING PROCESS THAT WE SORT OF PREPARED FOR THREE OR FOUR YEARS AGO, WE'RE GOING TO SIT THERE FOR 15 WEEKS AT A MINIMUM WHILE NOTHING HAPPENS ON THAT CONSTRUCTION SITE?

THERE WOULD STILL BE SOME PUNCH LIST WORK AND MINOR COMPLETIONS, BUT THE GARAGE PROJECT IS TO BE SUBSTANTIALLY COMPLETED I BELIEVE NEXT WEEK. AND YES, YOU ARE CORRECT, WE WILL HAVE ABOUT -- UP TO A 15-WEEK PERIOD IF YOU WERE TO GO WITH COMPETITIVE BIDS BEFORE WE WOULD HAVE A CONSTRUCTION CONTRACTOR STARTING CONSTRUCTION OF THE CITY HALL PROJECT ITSELF.

Wynn: I GUESS MY QUESTION IS WHY WEREN'T WE HAVING THIS CONVERSATION 15 WEEKS AGO, AND SO THEREFORE IF, AS A FALLBACK, IF WE DECIDED NOT TO CHANGE AN EXISTING SET OF CIRCUMSTANCES, YOU KNOW, WE WOULD BE BUILDING THIS PROJECT LIKE ALL PROJECTS GET BUILT; THAT IS, WE'LL FINISH PHASE 1, PHASE 2 BEGINS, WHEN PHASE 2 FINISHES, PHASE 3 BEGINS. I DON'T UNDERSTAND WHY WE'VE SET OURSELVES UP OF FOUR MONTHS OF NOBODY GETTING A LICK OVER THERE EXCEPT FOR THE PRESS.

WE ARE JUST ABOUT FINISHING THE DESIGN PROCESS. IN OTHER WORDS, I THINK WE'RE CONSERVATIVE IN THE WAY HOW WE STARTED THE DEMOLITION, THE EXCAVATION AND THE CONSTRUCTION PACKAGES FOR THE GARAGE. WE ARE LUCKY IN A WAY THAT WE ARE FINISHED WITH THE CONSTRUCTION PROJECT BEFORE WE ARE ACTUALLY READY TO BID. IT SHOULD NOT BE A PROBLEM, BUT IT WOULD HAVE BEEN WORSE IF WE WOULD HAVE DELAYED THE CONSTRUCTION, WE WOULD HAVE BEEN READY WITH THE NEXT CONTRACTOR COULDN'T HAVE STARTED. SO WE ARE JUST ABOUT FINISHING THE DESIGN AND THAT ENABLES US TO GO FORWARD WITH BRINGING THIS PROJECT TO BID OR TO CONTRACT, CONSTRUCTION CONTRACT. AND I THINK WHAT THE TIMING ALLOWS US IS ACTUALLY TO LOOK AT VARIOUS ALTERNATIVES IN TERMS OF CONSTRUCTION PROCUREMENT RATHER THAN THE TRADITIONAL METHOD WE HAVE USED BEFORE.

COUNCILMEMBER, IF I MIGHT ADD TO WHAT PETER WAS SAYING, THE ORIGINAL SCHEDULE WITH THE PROJECT WAS DETERMINED BY THE AVAILABILITY OF THE TUNNEL FOR CSC TO BE COMPLETED BY NOVEMBER 1st, WHICH WAS THE EXCAVATION AND TUNNEL PROJECT. AT THAT POINT IN TIME, SINCE WE WEREN'T QUITE SURE OF THE UNANTICIPATED CONDITIONS OF THE SITE AND SOME OF THE OTHER ISSUES RELATING TO THAT CONSTRUCTION, WE DECIDED TO GO AHEAD AND START THE SECOND PHASE RIGHT AFTER THE FIRST PHASE AND THEN GO AHEAD AND HAVE THIS PERIOD OF TIME AVAILABLE FOR THE FURTHER DEVELOPMENT OF THE BUILDING. SO BASICALLY WE FAST TRACKED IT, AS PETER SAID. AND WE KNEW THERE WOULD BE A PERIOD OF TIME WHEN THERE WOULD BE NO ACTIVITY ON THE SITE, BUT THAT WAS PROMPTED PRIMARILY BY THE REQUIREMENTS RELATING TO THE CSC AGREEMENT.

Wynn: OKAY. THAT HELPS. THANK YOU. AND SO THEN REALISTICALLY, HOW FAR AWAY ARE WE FROM -- HAD WE CONTINUED WITH THE TRADITIONAL METHOD ON THIS NEXT PHASE, HOW FAR AWAY ARE WE FROM FINISHING THE DESIGN AND ACTUALLY HAVE THE CDs READY TO GO OUT FOR A TRADITIONAL SEALED BID?

WE WERE READY TO GO OUT FOR BID THE MIDDLE OF THIS MONTH.

Wynn: SO --

MIDDLE OF SEPTEMBER. I'M SORRY. I'M ALREADY IN SEPTEMBER MENTALLY. MIDDLE OF SEPTEMBER WAS THE TARGETED START OF BID ADVERTISING.

THE SCHEDULE WAS TO HAVE THE COUNCIL AWARD THE CONTRACT FOR CONSTRUCTION THE LAST COUNCIL MEETING OF THIS YEAR SO THAT WE COULD GIVE THE CONTRACTOR NOTICE TO PROCEED BEGINNING TO MID JANUARY. THAT WAS WHAT WE HAD ENVISIONED.

Wynn: OKAY. ON SLIDE NUMBER 12 WHEN YOU LOOKED AT THE DIFFERENT, YOU KNOW, THREE PROCESSES, YOU NOTE THAT THERE IS SLIGHTLY INCREASED A&E SERVICES FOR COMPETITIVE SEALED PROPOSAL. WHAT WOULD THOSE BE? HOW WOULD THAT BE DIFFERENT THAN SORT OF THE TRADITIONAL, YOU KNOW, AFTER BID A&E SERVICES THAT WE WOULD HAVE ANYWAY?

WITH COMPETITIVE BIDDING, WE BASICALLY AWARD TO THE LOWEST RESPONSIBLE BIDDER. THERE ISN'T AN OPPORTUNITY TO EVALUATE THE RESPONDENT. WITH THE COMPETITIVE SEALED PROPOSALS, WE HAVE HAVE EVALUATION PERIOD. WE WOULD APPRECIATE THE A TEAM'S KNOWLEDGE AND EXPERTISE IN PARTICIPATING WITH US DURING THAT PROCESS. THAT EVALUATION PROCESS. AS WELL AS DURING ANY SUBSEQUENT NEGOTIATIONS WITH THE SUCCESSFUL FIRM UNDER COMPETITIVE SEALED PROPOSAL PROCESS.

Wynn: OKAY. AND SO THEN -- AND THEN GOING FURTHER UNDER CM AT RISK, THE IMPLICATION THERE IS EVEN MORE A&E SERVICES INVOLVED. EXPLAIN THAT TO ME. WHAT OTHER SERVICES MIGHT OCCUR UNDER CM AT RISK?

COUNCILMEMBER, AS I SUGGESTED ONE STAFF RECOMMENDATION IF WE WERE TO GOING WITH CONSTRUCTION MANAGER AT RISK WOULD BE FOR COUNCIL TO AUTHORIZE STAFF TO BRING A CONSULTANT ON BOARD TO ASSIST US IN BOTH THE SELECTION OF THE CONSTRUCTION MANAGER AND THE NEGOTIATION OF THE FEES, AS WELL AS LATER ON THE GUARANTEED MAXIMUM PRICE. AND SO THIS IS A SERVICE THAT IS CURRENTLY NOT CONTEMPLATED AND WAS NEVER CONTEMPLATED AND WOULD BE ADDITIONAL UNDER THIS SCENARIO.

Wynn: OKAY. SO THAT'S ESSENTIALLY THIS CONSULTANT. AND SO OTHERWISE, THERE'S NOT NECESSARILY ANY MORE TRUE ARCHITECTURE ENGINEERING SERVICES UNDER CM AT RISK THAN COMPETITIVE SEALED PROPOSAL, JUST -- I MEAN I APPRECIATE YOUR THOUGHT OTHER THAN THE FACT SINCE THE CITY HASN'T DONE IT, YOU WOULD LIKE TO HAVE A CONSULTANT DO THE FIRST ONE WITH US.

YES. PHYSICIAN AGAIN, GIVEN WHERE WE ARE -- AGAIN, GIVEN WHERE WE ARE IN IN THE PROCESS IN THE DESIGN OF CITY HALL, I WOULD NOT ANTICIPATE ANY OTHER A&E SERVICES TO GET US UNDER CONSTRUCTION. THIS IS SOMEWHAT OF A UNIQUE SITUATION RELATIVE TO CITY HALL AND THAT'S WHY WE HAVE THIS SUGGESTION TO YOU, AND I THINK THE MOST CRITICAL ASPECT TO US IS TO ASSURE OURSELVES THAT IN THE NEGOTIATIONS WE CAN NEGOTIATE A -- ULTIMATELY A GUARANTEED MAXIMUM PRICE THAT IS FAIR AND REASONABLE FOR THE CITY OF AUSTIN.

Wynn: THAT'S ALL FOR NOW, MAYOR. THANK YOU.

Mayor Garcia: COUNCILMEMBER -- THE COMMITTEES HAVE BEEN WORKING ON THIS, THE M.B.E. ADVISORY, AND I SUSPECT THAT ONE OF THE THINGS THAT CAME OUT OF IT WAS THAT OTHER ENTITIES, SPECIFICALLY THE CITY OF DALLAS, USES THIS METHOD. ISN'T THAT CORRECT? OR HAS USED THIS METHOD, SENATE BILL 510?

I DON'T HAVE KNOWLEDGE OF THAT.

THE ADVISORY COMMITTEE HAS MENTIONED THAT OTHER ENTITIES EVEN IN AUSTIN HAVE USED IT. THE UNIVERSITY OF TEXAS SYSTEM, FOR EXAMPLE, AND AISD. THEY HAVE THE AUTHORITY FROM A COUPLE YEARS AGO.

Mayor Garcia: RIGHT. IS THERE ANYTHING THAT WE CAN LEARN FROM WHAT THEY'VE DONE SO THAT WE CAN ADDRESS THE ISSUES, PARTICULARLY THE TIME FRAME ISSUES THAT COUNCILMEMBER WYNN ADDRESSED?

MAYOR, IF I MAY, I THINK ARRANGEMENTS ARE ALREADY UNDERWAY SO THAT STAFF, AND SPECIFICALLY STAFF FROM THE UNIVERSITY OF TEXAS, CAN LOOK AT THEIR -- WE CAN WORK TOGETHER IN LOOKING AT THEIR METHODS AND MAKE SURE THAT WE CAPITALIZE ON EVERYTHING THEY'VE LEARNED THROUGH UTILIZING CONSTRUCTION MANAGER AT RISK.

I WOULD JUST ADD THAT WE HAVE DONE A LOT OF LEGWORK IN THAT AREA. WE HAVE MADE CONTACT WITH BOTH AISD AND U.T., AMONGST OTHER PUBLIC ENTITIES THAT HAVE HAD METHODOLOGIES FOR YEARS AND HAVE ALREADY TOOLED UP AND DEVELOPED SOME BEST PRACTICES.

Mayor Garcia: AND I THINK THIS ALSO HELPS US MEET OUR GOALS OF MINORITY PARTICIPATION. YOU KNOW, WHEN WE DID THE CSC PROJECT, AND MOST OF THE FOLKS THAT ARE ON THE COUNCIL TODAY WERE NOT HERE WHEN WE DID THAT PROJECT, WE TALKED ABOUT DOING SUBSTANTIAL MOOIB. -- M.B.E. THIS IS ANOTHER WAY TO ADDRESS THE COMMITMENTS THAT WE MADE TO THE MINORITY COMMUNITY TO SUPPORT THAT TRANSACTION WHEN WE DID. SO I COMMEND THE STAFF AND THE M.B.E. ADVISORY COMMITTEE AND EVERYBODY ELSE FOR MOVING IN THAT DIRECTION. I FOR ONE WOULD LIKE FOR STAFF TO SPEND THE TIME THAT IS NECESSARY BETWEEN NOW AND THE TIME THAT WE'LL CONSIDER THIS ITEM, YOU KNOW, HONING IN ON THIS RESOLUTION. I THINK THAT YOU HAVE -- I THINK YOU HAVE PROBABLY GOOD DIRECTION FROM THE COMMITTEE TO DO IT, AND UNLESS THERE IS OTHER DIRECTION THAT PEOPLE WANT TO GIVE -- COUNCILMEMBER ALVAREZ.

Alvarez: YES, I DID WANT TO JUST KIND OF RELATE A COUPLE OF THOUGHTS. BECAUSE THIS HAS BEEN A PROCESS -- OR AN ISSUE WE'VE BEEN LOOKING AT FOR SEVERAL MONTHS, AND BECAUSE WE WERE KIND OF LOOKING AT CITY HALL AS THE FIRST CANDIDATE FOR UTILIZING SB 510, WE HADN'T LOOKED AT LONG IN TERMS OF WHICH DELIVERY METHOD UNDER SB 510 TO FOCUS ON. BUT THERE IS -- THE COMMITTEE, THE ADVISORY COMMITTEE LOOKED AT THIS AND UNANIMOUSLY SUPPORTED IT. SO IF YOU DON'T JUST HAVE THE MINORITY TRADE ASSOCIATIONS, YOU ALSO HAVE THE ASSOCIATED GENERAL CONTRACTORS OF AUSTIN THAT ARE SUPPORTING THIS METHOD. AND IT'S BECAUSE OF THE KIND OF PROJECT IT IS AND BECAUSE THE COMPLEXITY AND THE SIZE THAT THIS PROVIDES A BETTER ENVIRONMENT FOR EVERYBODY WORKING TOGETHER THAN TRADITIONALLY WHAT WE DO WHICH IS JUST SOLICIT AND WHOEVER IS THE LOW BID GETS THE CONTRACT. THIS ALUS YOU, EVEN THOUGH IT TAKES A LITTLE MORE TIME UP FRONT MAYBE TO DO THE SOLICITATION, IT ALUS YOU TO LOOK AT WHAT -- ALLOWS YOU TO LOOK AT WHAT IS GOING TO BE THE BEST VALUE FOR THE CITY AND PARTICULAR THE CM AT RISK ALLOWS YOU TO TAKE TWO RISKS. THIS PROJECT, ON THE SCALE OF $30 MILLION, I WOULD ASSUME YOU ARE GOING TO GET A LOT OF BIDS OR RESPONSES TO THE SOLICITATION SO THAT YOU CAN NARROW THAT DOWN TO A HANDFUL AND THEN LOOK AT IT AGAIN AND THEN APPLY YOUR CRITERIA THAT WE'VE DEVELOPED TO DETERMINE WHAT BEST VALUE IS. AND SO YOU PICK THE CONTRACTOR THAT YOU THINK IS GOING TO DO THE BEST JOB, GIVING ALL THE DIFFERENT GOALS YOU ARE TRYING TO ACHIEVE. AND THEN HAVE YOU A COOPERATIVE WORKING RELATIONSHIP WITH THEM AS OPPOSED TO SOMEWHAT OF AN ADVERSARIAL, TO A CERTAIN DEGREE, KIND OF RELATIONSHIP WHERE THE CONTRACTOR IS LOOKING OUT FOR THEIR INTERESTS AND YOU ARE LOOKING OUT FOR YOUR INTERESTS. BUT IN THIS SENSE THE CONTRACTOR KNOWS WHAT HE'S GOING TO GET PAID, WHAT FEE, AND THEN REALLY JUST HAS TO FOCUS ON KIND OF PROVIDING THAT VALUE OR THAT PRODUCT THAT THE CONTRACTOR COMMITTED TO. AND SO -- AND REALLY IN DOING IT THIS WAY WITH EVERYBODY WORKING TOGETHER, EVEN THOUGH YOU MAY ALLOW SOME TIME IN THE FRONT END BECAUSE OF THE COOPERATIVE WORKING RELATIONSHIP BETWEEN THE DESIGN TEAM AND THE CITY AND THE GENERAL CONTRACTOR, YOU CAN MAKE SOME OF THAT TIME UP AT THE TAIL END. AND SO EVEN THOUGH WE'RE SAYING THERE IS AN EXTRA TWO OR THREE MONTHS HERE THAT THIS WOULD ADD BEYOND COMPETITIVE SEALED BID, WHICH STAFF WAS PROPOSING, IT'S POSSIBLE WE COULD MAKE SOME OF THAT TIME UP AT THE TAIL END. I THINK IN TERMS BECAUSE OF THE KIND OF PROJECT IT IS, YOU KNOW, WE'VE TALKED ABOUT HOW THERE STILL ARE SOME ADVANTAGES OF MOVING FORWARD IN THIS REGARD OR IN THIS PROJECT, YOU KNOW, IN THIS WAY. BUT I WOULD JUST LIKE -- BECAUSE I KNOW THERE'S A COUPLE QUESTIONS THAT WERE RAISED BETWEEN THE ADVICE HAVE I--ADVISORY COMMITTEE AND TODAY, THAT PART OF THE RESOLUTION DOES STATE THAT THE CITY MANAGER SHALL REQUIRE THAT THE CONSTRUCTION MANAGER AT RISK SOLICIT TRADE SUBCONTRACTORS USING THE COMPETITIVE SEALED BID PROPOSAL METHOD. THAT WAS ONE OF THE ISSUES OR QUESTIONS THAT WE REALLY DIDN'T ADDRESS A COUPLE DAYS AGO. AND THE OTHER ONE HAD TO DO WITH THE LUMP-SUM AGREEMENT AND THE TIMING OF THAT. WHEN DO -- WHEN DOES THE CONTRACTOR HAVE TO PROVIDE THAT, AND WHAT THIS STIPULATES, AS MR. RIECK MENTIONED, THE LUMP-SUM AGREEMENT WITH THE CONSTRUCTION MANAGER AT RISK WOULD BE NEGOTIATED AFTER THE TRADE SUBCONTRACTORS HAVE BEEN SELECTED BY THE [INAUDIBLE]. SO I THINK THOSE ARE THE TWO QUESTIONS THAT WERE KIND OF UNCLEAR IN TERMS OF HOW THEY WERE BEING ADDRESSED. I WANTED TO MAKE SURE FOLKS KNEW HOW WE WERE PROPOSE TO GO PROCEED IN THAT REGARD.

COUNCILMEMBER, IF I MIGHT JUST CLARIFY THAT THE DRAFT RESOLUTION DOES SAY THAT THE CITY MANAGER SHALL ESTABLISH OR SHALL REQUIRE THAT IN THE SELECTION OF THE TRADE SUBCONTRACTORS THE COMPETITIVE SEALED PROPOSAL METHOD IS USED AS DISTINCT FROM THE COMPETITIVE SEALED BID. BOTH ARE ALLOWED UNDER THE LAW, BUT THE RESOLUTION CALLED FOR THE COMPETITIVE SEALED PROPOSAL METHOD.

Alvarez: WHICH IS THE OPTION --

THAT THE ADVISORY COMMITTEE --

Alvarez: NOT JUST THE LOW BID.

NOT JUST THE LOW BID, BUT THETHE COMPETITIVE SEELDZ BIDS.

Dunkerley: IN RELATIONSHIP TO THIS PROCESS, I KNOW WE HAVE SOME CONCERNS UP FRONT WITH THE NEGOTIATION OF THE FEE AS WELL AS THE TOTAL PRICE, AND I AGREE WITH HAVING A CONSULTANT COME ON BOARD TO ASSIST US IN THAT PROCESS SINCE IT WILL BE PROBABLY THE FIRST TIME WE'VE DONE ANYTHING THAT LARGE AND THAT -- OF THAT NATURE. I HAVE ANOTHER CONCERN. AS THE PROJECT GOES ALONG, I WANT TO MAKE SURE THAT THE COUNCIL GETS STATUS REPORTS PERIODICALLY THAT WE'RE MEETING OUR DEADLINES AND OUR WORK PLANS. SO I WOULD HOPE, AND I AM ASSUMING THAT THE CITY WOULD HAVE A PROJECT MANAGER ASSIGNED TO THAT. SO THAT IF WE DO RUN INTO ANY KIND OF PROBLEM ALONG THE WAY, THAT YOU CAN BRING THAT TO THE CITY COUNCIL AND WE CAN ACT QUICKLY TO CORRECT ANY ISSUES THAT MAY HAVE COME UP. AND I THINK THOSE TWO THINGS, HELP ON THE FRONT END AND THEN MONITORING DURING THE PROCESS SO THAT THE COUNCIL IS AWARE OF ANY STUMBLING BLOCKS THAT COME UP, WOULD BE VERY HELPFUL FOR ME.

IF I MAY, MAYOR, OUR INTENT ONCE WE GET ROLLING WITH THE RESPONSE FROM THE PROPOSALS AND SO FORTH, WE WANT TO WORK VERY CLOSELY WITH THE ADVISORY COMMITTEE AS WELL AS THE COUNCIL SUBCOMMITTEE IN MAKING SURE THAT WE LAY OUT A SCHEDULE OF ACTIVITIES OF WHAT EVERYONE CAN EXPECT WITH RESPECT TO THE CONSTRUCTION OF CITY HALL SO EVERYONE KNOWS EARLY IN TERMS OF WHERE WE ARE AND WHAT WE CAN EXPECT WITH THOSE ACTIVITIES.

Mayor Garcia: OKAY.

Wynn: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN.

Wynn: DO WE HAVE AN ESTIMATE AS TO HOW MUCH THE CONSULTANT WILL COST? AND WE'RE AUTHORIZING THE CITY MANAGER TO HIRE THIS CONSULTANT. DO WE HAVE AN ESTIMATE?

WE'VE COME UP WITH A NUMBER AT THIS POINT IN TIME. I THINK AS WAS SUBMITTED WITH -- IN ANSWER TO MAYOR GARCIA'S QUESTION, APPROXIMATELY $90,000 WORTH OF ADDITIONAL SERVICES. MUCH OF WHICH WOULD BE RELATED TO CONSTRUCTION MANAGEMENT EXPERTISE. AND ONCE AGAIN, TO BUILD ON WHAT PETER WAS SAYING BEFORE, INVARIABLY THERE WILL BE SOME WORK TO THE DOCUMENTS THAT ARE REQUIRED AS A RESULT OF THE CONSTRUCTION MANAGER PACKAGING AND WORKING WITH THE VARIOUS TRADES. SO WE'RE ANTICIPATING THAT KIND OF THING. SO WE TRIED TO DEVELOP A SCENARIO WHERE WE COULD ESTIMATE SOME HOURS AND A COST RELATING TO CONSULTANT SERVICES.

AND COUNCILMEMBER, IF THIS EXCEEDS THE CITY MANAGER'S AUTHORITY, THEN OBVIOUSLY WE WILL COME BACK TO COUNCIL AND ASK FOR THE AMENDMENT TO THE A&E CONTRACT FOR CITY HALL FROM COUNCIL.

WE ENVISION GOING AND HEAD AND AUTHORIZING WHAT WE -- SINCE IT WAS GOING TO COME IN PHASES ANYWAY, AUTHORIZE WHAT WE NEED TO DO EXPEDITIOUSLY PROCEED WITH THE PROCESS, AND THEN PROBABLY THE -- I BELIEVE THE LAST COUNCIL MEETING IN SEPTEMBER WE WOULD PROBABLY COME FORWARD WITH AUTHORIZATION FOR ADDITIONAL CONSULTANT SERVICES. THAT WAS OUR INITIAL PLAN. THAT MAY CHANGE BETWEEN NOW AND FRIDAY.

Wynn: AND THE NEXT ISSUE, THE ORDINANCE STATES THAT THE CITY MANAGER -- POINT NUMBER 2, THE CITY MANAGER SHALL UTILIZE THE SELECTION MATRIX AS APPROVED BY THE M.B.E. ADVISORY COMMITTEE AND THE M.B.E. COUNCIL SUBCOMMITTEE TO SELECT A CM AT RISK. WHY DOESN'T THE CITY COUNCIL GET TO APPROVE THAT? WHAT'S THE INTENT THERE?

COUNCILMEMBER, THAT MATRIX IS IN YOUR PACKET, AND CERTAINLY THAT-THE MATRIX THAT WERE RECOMMENDED BY THE ADVISEDRY COMMITTEE AND THE SUBCOMMITTEE EVENTUALLY WITH THE CRITERIA FOR SELECTING METHODS FOR CONSTRUCTION WILL BE COMING TO THE COUNCIL.

Wynn: THEN THE RESOLUTION SHOULD SAY THAT, THEY SHOULD BE APPROVED BY THE CITY COUNCIL, NOT THE ADVISORY COMMITTEE AND COUNCIL SUBCOMMITTEE.

WE CAN AMEND THAT.

Wynn: THANK YOU. POINT NUMBER 8, WHAT HAPPENS WHEN -- WE'VE TAKEN 33 WEEKS AND WE'RE 18 WEEKS BEHIND SCHEDULE, WE'VE HIRED A CONSULTANT FOR $90,000, AND AFTER ALL TRADE SUBCONTRACTORS ARE IN AND WE HAVE A VERY GOOD TEAM THAT EVERYBODY IS HAPPY WITH AND EVERYBODY IS READY TO MOVE FORWARD, THE CITY MANAGE CERTIFICATE DIRECTED TO NEGOTIATE A LUMP-SUM AGREEMENT WITH THE CONSTRUCTION MANAGER AT RISK. WHAT HAPPENS WHEN THE CONSTRUCTION MANAGER AT RISK AND THE CITY MANAGER CAN'T COME TO AGREEMENT ON WHAT THAT LUMP SUM SHOULD BE?

I THINK WE WOULD PROBABLY COME BACK TO COUNCIL AND PRESENT YOU WITH THE ISSUES AND POSSIBLY LOOK AT THE RECOMMENDEDAL NATURE IF YOU DID SO, SINCE THE PROCESS IS SIMILAR TO THE CONSULTANT PROCESS IN THE PREVIOUS STAGES.

COUNCILMEMBER, THE STATUTE ALLOWS THE CITY TO TERMINATE NEGOTIATIONS IF THEY ARE LOOKING LIKE THEY ARE GOING TO BE FUTILE WITH THE SELECTED CONSTRUCTION MANAGER AT RISK AND THEN PROCEED TO NEGOTIATE WITH THE NEXT HIGHEST RANKED ONE.

Wynn: SO THEN AT THAT POINT WE CAN GO BACK TO SORT OF THE MATRIX OF THE COUNCIL -- THE COUNCIL WILL APPROVE AND GO TO THE SECOND PERSON AND SAY HERE'S THE TEAM THAT ANOTHER CONSTRUCTION MANAGER HAS CHOSEN. WILL YOU DO THIS JOB FOR THIS AMOUNT? AND PRESUMABLY HE OR SHE WOULD SAY YES.

I THINK SINCE THIS PROCESS IS NEW, THERE ARE PROBABLY SOME ISSUES THAT ARE NOT ENTIRELY CLEAR YET. FOR INSTANCE, FOR THE SOLICITATION OF SUB CONTRACTS, THE CONSTRUCTION MANAGER AT RISK WILL HAVE TO FOLLOW THE PROCESS PRESCRIBED FOR THE CITY. AND SO IT'S UNCLEAR AT THIS MOMENT WHETHER IT WOULD BE POSSIBLE TO JUST SAY HERE'S THE TEAM, CAN YOU WORK WITH THEM AND ARE YOU ACCEPTING THIS PRICE, OR WHETHER THEY WOULD HAVE TO GO BACK OUT AND HAVE THEIR OWN SOLICITATION PROCESS FOR SUBCONTRACTORS. THAT'S SOMETHING THAT IS NOT ENTIRELY CLEAR AND WE'LL LOOK AT THAT AND WE'LL GET BACK WITH YOU ON THIS ISSUE.

Wynn: I GUESS IT SEEMS TO ME IF WE -- OR THE PROJECT IS SOMEWHAT EXPOSED IN THAT REGARD, I'M CURIOUS WHY WE COULDN'T NEGOTIATE A LUMP-SUM AGREEMENT WITH THE CONSTRUCTION MANAGER BEFORE WE EVEN -- HE OR SHE EVEN STARTS THEIR WORK. I MEAN, WE KNOW WITHIN HOPEFULLY A MILLION BUCKS OR SO WHAT THE PROJECT IS LIKELY TO COST. WE KNOW WITHIN A MONTH OR TWO HOW LONG IT'S GOING TO TAKE TO BUILD THAT BUILDING. YOU KNOW, WHY DO WE WAIT UNTIL, YOU KNOW, WE'RE 33 WEEKS INTO THIS AND THEN WE SAY, BY THE WAY, WILL YOU DO THIS FOR 200 GRAND?

ONE REASON WHY WE'RE LOOKING AT THE PROCESS IN THE WAY THAT IS DESCRIBED IS THAT ULTIMATELY IT WILL BE UNCLEAR, FOR INSTANCE, WHAT KIND OF SUBCONTRACTORS, AND THEREFORE, WHAT KIND OF M.B.E. PARTICIPATION YOU HAVE UNLESS YOU ACTUALLY HAVE THE FULL ARRAY OF SUBCONTRACTS BID AND IN ESSENCE AGREED UPON. IN OTHER WORDS, YOU ARE NOT GOING TO BE ABLE TO HAVE A -- IT'S GOING TO BE A LOT MORE DIFFICULT TO HAVE A COMPLIANCE PLAN ESTABLISHED AT THE TIME -- AT THE TIME WE NEGOTIATE A GUARANTEED MAXIMUM PRICE WITH A CONSTRUCTION MANAGER AT RISK WITHOUT HAVING GONE THROUGH THE PROCESS OF BRINGING IN SUBCONTRACTORS. SO THAT'S THE REASON WHY WE ARE CONCERNED ABOUT BRINGING A -- I MEAN A GUARANTEED MAXIMUM PRICE BACK TO COUNCIL PRIOR TO HAVING GONE THROUGH THE SOLICITATION FOR SUB CONTRACTS AND SELECTION OF POTENTIAL SUBCONTRACTORS.

Wynn: AS OPPOSED TO A GUARANTEED MAXIMUM PRICE -- I SEE THAT CONFLICT. BUT I MEAN PRESUMABLY THE CONSTRUCTION MANAGER AT RISK IS GOING TO -- I MEAN HE OR SHE IS GOING TO HAVE -- THEIR COSTS AND THEIR PROFIT, YOU KNOW, AS ADD-ON TO ALL THE SUBCONTRACTORS THAT THEY WILL GO OUT AND WITH US PROCURE. SO I SORT OF -- YOU KNOW, I MEAN, THE SUBCONTRACT AWARDS THAT WE COLLECTIVELY WORKING TOGETHER CHOOSE, THEY ARE GOING TO BE WHAT THEY ARE GOING TO BE. THE ONLY -- AND THE THING THAT WE END UP HAVING TO NEGOTIATE WITH THE CM IS, YOU KNOW, SORT OF THEIR OVERHEAD, THEIR RISK, THEIR PROFIT IN TIME FOR THE, YOU KNOW, THE CONSTRUCTION PERIOD. SO I'M JUST CURIOUS IF WE CAN'T SOMEWHAT LESSEN THE EXPOSURE -- REALTY EX EXPOSURE BEING MORE DELAY AND WORK AND HEARTBURN, IF WE CAN'T SOMEWHAT REDUCE THAT EXPOSURE BY HAVING SOME AGREEMENT WITH -- AS SOON AS WE CHOOSE THE CM, THEN WE NEGOTIATE LIKELY WHAT THEIR -- SORT OF GENERAL FEE AND CONDITIONS PERCENTAGE WOULD BE.

WE CERTAINLY CAN AT THE SECOND STEP. AS HAS BEEN DESCRIBED SHE IT'S A TWO-STEP PROCESS. FIRST WE ISSUE A REQUEST FOR QUALIFICATION, AND WE GENERATE A SHORT LIST BASED ON QUALIFICATIONS ALONE. AND THEN WE'LL HAVE A SECOND STEP THAT RESULTS IN A REQUEST FOR PROPOSAL. WE CERTAINLY HAVE THE ABILITY TO REQUEST COSTING METHOD OLOGIST FROM THE PROPOSALS RELATIVE TO HOW THEY PROPOSE TO PRICE GENERAL CONDITIONS ITEMS AND FEES AND CONSIDER THIS AS A PRELIMINARY STEP. BUT NOT NECESSARILY AS THE FINAL FOR A GUARANTEED MAXIMUM PRICE FOR THE ENTIRE CONSTRUCTION PACKAGE. SO I THINK WE HAVE THE ABILITY AND OPPORTUNITY TO ADDRESS YOUR CONCERNS AT AN EARLIER STAGE, BUT, AGAIN, THAT WOULD NOT BE THE GUARANTEED MAXIMUM PRICE YET AT THAT TIME. [ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS] [12:08 BEFORE SIGNING A CONTRACT TO BUILD THE FACILITY TO MAKE SURE THAT WHATEVER YOU ARE GOING TO BUILD IS GOING TO COME IN, YOU KNOW, GOING TO MEET THE BUDGET OR WHATEVER FUNDS THAT ARE AVAILABLE. SO I THINK IT'S JUST A -- IT'S A DIFFERENT WAY OF -- OF DOING BUSINESS HERE AND I THINK WE ARE ALL LEARNING WHAT ALL THE DIFFERENT STEPS IN THE PROCESS ARE. BUT -- BUT I REALLY DO THINK THAT IN TERMS OF -- OF WHAT THIS CAN PROVIDE IN TERM OF THE CITY CONTROLLING THE PROCESS AND CONTROLLING THE COST IS MUCH BETTER THAN IF YOU GO WITH LOW BID, WHICH IS TRADITIONALLY WHAT WE DO, AND THEN GET INTO THE POSSIBLY -- POSSIBLY ON THE -- ON THE PROJECT THIS BIG, YOU KNOW, IF THE BID WASN'T -- DIDN'T LOOK AT SOME OF THESE CHANGES TO THE DESIGN, COULD LEAD TO MORE -- MORE CHANGE ORDERS, SO REALLY THERE COULD BE ADDITIONAL ARCHITECTURE AND ENGINEERING WORK, EXCEPT IT JUST A DIFFERENT PROCESS. A DIFFERENT WAY OF DEALING WITH THOSE ISSUE AS THEY COME UP. HERE YOU TRY TO DEAL WITH THEM UP FRONT BEFORE YOU SIGN A CONTRACT FOR THE CONSTRUCTION. SO I THINK REALLY -- YOU KNOW, I THINK THAT'S WHY THIS IS A GOOD PROCESS BECAUSE YOU DO THAT UP FRONT AND THAT'S MAYBE WHAT'S GOING TO SAVE YOU SOME TIME DOWN THE LINE BECAUSE YOU WON'T HAVE TO GO AND HIT SOMETHING AND THEN SAY, "OKAY WAIT, WE HAVE GOT TO CHANGE THE DESIGN" THEN WAIT UNTIL THAT HAPPENS AND THEN MOVE FORWARD. YOU CAN TRY TO IDEA ALL OF -- TO I.D. ALL OF THOSE ISSUES AHEAD OF TIME. I THINK TO A CERTAIN AGREES THAT ALLOWS YOU TO CHANGE, I MEAN SAVE SOME TIME IN THE BACK END. I DO THINK THAT THERE'S -- I THINK SOME POSITIVES TO HOW THIS PROCESS MIGHT WORK BETTER THAN TRADITIONALLY HOW WE HAVE DONE IT.

REIKE: MAYOR, IF I MAY, IT SEEMS LIKE OR IT ALMOST APPEARS AS IF SOME COUNCILMEMBERS MAY BE CONCERNED THAT YOU FINALLY FIND YOURSELF WITH THE PROPOSED RESOLUTION FOR THIS AFTERNOON WITHOUT HAVING FURTHER INVOLVEMENT IN THE PROCESS AND I JUST WANTED TO CLARIFY THAT -- THAT AT THE VARIOUS STEPS WE WILL COME BACK TO YOU, WE WILL COME BACK TO YOU WITH A SHORT LIST OF PROPOSED CONSTRUCTION MANAGERS AT RISK, WE WILL COME BACK TO YOU WITH THE FINAL SELECTED CONSTRUCTION MANAGER AT RISK TO -- TO GET YOUR APPROVAL BEFORE WE MOVE ON WITH IT. SO THERE ARE -- THERE ARE MULTIPLE OPPORTUNITIES DURING THIS PROCESS TO MODIFY OR -- MODIFY DIRECTION OR GET MORE CLARITY ON SOME OF THESE ISSUES. THIS IS JUST SO THAT WE HAVE A PROCESS THAT WE CAN START FOLLOWING AND SET UP, THE SOLICITATION FOR THE SERVICES AND SET UP OUR DOCUMENTS ACCORDINGLY, BUT IT NOT THAT THERE IS NO MORE COUNCIL INPUT BETWEEN NOW AND THE AWARD OF A GUARANTEED MAXIMUM PRICE CONTRACT.

Mayor Garcia: FURTHER QUESTIONS, COMMENTS?

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER SLUSHER?

Slusher: WELL, I APOLOGIZE FOR NOT HAVING BEEN HERE FOR THIS WHOLE DISCUSSION. I THINK THAT YOU MIGHT HAVE ANNOUNCED THAT I HAD JURY DUTY THIS MORNING, WHICH WE ARE DONE WITH. BUT I WANTED TO ASK MR. REIKE A COUPLE OF QUESTIONS. FIRST, ON COUNCILMEMBER ALVAREZ'S COMMENTS JUST NOW, I DIDN'T QUITE UNDERSTAND HOW DOES THIS PROCESS HELP PREVENT CHANGE ORDERS OR COST OVERRUNS BY DOING SOMETHING ON THE FRONT END? I DIDN'T QUITE GET THAT, COULD YOU EXPLAIN THAT TO ME?

Alvarez: WELL, WHAT I'M SAYING IS I THINK ONE OF THE POINTS COUNCILMEMBER WYNN SAID IS THAT THERE'S GOING TO BE ADDITIONAL ARCHITECTURE AND ENGINEERING WORK THAT WE ARE GOING TO HAVE TO DO AS WE NEGOTIATE THIS CONTRACT, NEGOTIATE WITH THE C.M. AT RISK -- WHENEVER THEY ARE SELECTED. BASICALLY MY POINT WAS IN THE FRONT END, THE WAY WE TYPICALLY DO IT, THAT YOU DO HAVE A SET OF DRAWINGS THAT THE BIDDERS LOOK AT AND THEY BASE THEIR BID ON THAT. IF THERE ARE SOME FLAWS IN THE DESIGN THAT HAVE TO BE CHANGED, YOU KNOW, THROUGH THE COURSE OF THE CONSTRUCTION, THEN THAT'S WHEN THE -- WHEN THE CHANGE ORDERS HAPPEN AND THE -- THERE'S SOME MORE DESIGN WORK THAT HAS TO BE DONE. THE POINT THAT I WAS TRYING TO MAKE IS THAT IN THIS -- WITH THIS APPROACH, WHICH ARE WHAT THE CM AT RISK IS DOING IS WORKING WITH THE ARCHITECTURE OR THE DESIGN TEAM TO LOOK AT THE DESIGN, TO LOOK AT ALL OF THOSE -- MAYBE IDENTIFY THESE ITEMS THAT MIGHT NECESSITATE A CHANGE IN THE DESIGN, WHICH WOULD AFFECT THE COST OF THE PROJECT AND THEY ARE TRYING TO IDENTIFY THOSE ISSUES UP FRONT BECAUSE -- BECAUSE, YOU KNOW, THEY ARE GOING TO SIGN A CONTRACT THAT SAYS WE ARE GOING TO DELIVER THIS BUILDING WITH THIS DESIGN FOR THIS PRICE AND IF -- IF THERE HAVE TO BE CHANGES TO THAT SUBSEQUENT, YOU KNOW, THAT INCREASE THE PRICE, THEN THEY MA BE AT -- MAY BE AT RISK. THAT'S WHY THERE'S A CM AT RISK TITLE TO THIS PARTICULAR DELIVERY METHOD.

Slusher: MY UNDERSTANDING, CORRECT ME IF I'M WRONG, THIS WAS USED ON THE CRIMINAL JUSTICE CENTER BY THE COUNTY?

REIKE: IF I MAY HELP OUT HERE, THE METHOD USED BY THE COUNTY ON THE CRIMINAL JUSTICE CENTER WAS CONSTRUCTION MANAGER AT AGENCY. THE RELATIONSHIP BETWEEN THE CONSTRUCTION MANAGER AND THE COUNTY IN THAT CASE IS ONE OF NO RISK TO THE CONSTRUCTION MANAGER FOR PRICE OR ANY OTHER ISSUES. HE STRICTLY ACTS AS A COORDINATOR OR EXPEDITER FOR THE COUNTY WITHOUT ANY RISK ON THEIR PART. THIS IS DIFFERENT. IN THIS CASE, THE CONSTRUCTION MANAGER AT RISK AS THE NAME OR THE TERM INDICATES IS ACTUALLY FINANCIALLY AT RISK, ONCE THEY HAVE ENTERED INTO AN AGREEMENT FOR GUARANTEED MAXIMUM PRICE, BECAUSE IT'S IN HE ESSENCE LIKE A HARD BID.

Slusher: I WAS TOLD DIFFERENTLY EARLIER IN THE WEEK.

THEY HAVE TO LIVE BY THAT.

NOT BY YOU. THEN, WHAT'S BEEN -- I KNOW THIS IS A FAIRLY NEW LAW, BUT WHAT'S BEEN THE EXPERIENCE AROUND THE STATE WITH PROJECTS THAT DO GO OVER? HAS THE CONTRACTING BEEN ABSORBING THOSE COSTS OR HAS IT FALLEN BACK ON THE PUBLIC ENTITY?

REIKE: BECAUSE THE LAW IS SO NEW, COUNCILMEMBER, WE DON'T HAVE ANY EXPERIENCE AT THIS POINTS IN TIME RELATIVE TO CITIES AND OTHER SUBDIVISIONS THAT ARE SPECIFIC AUTHORIZED UNDER SENATE BILL 510. THE UNIVERSITY OF TEXAS AND AISD HAVE USED THIS PROCESS. AND I THINK THAT I WOULD LIKE TO HAVE MR. EVANS ADDRESS HOW -- HOW COSTING ISSUES THAT CAME UP AFTER THE GUARANTEED MAXIMUM PRICE HAD BEEN NEGOTIATED WERE HANDLED IN THOSE CASES. POSSIBLY USED AS AN EXAMPLE THE J.J. JAKE PICKLE ELEMENTARY SCHOOL AND COMMUNITY FACILITY.

Slusher: OKAY.

WE HAVE BEEN TALKING TO U.T. AND AISD ABOUT THEIR EXPERIENCES, TALKING TO THEM ABOUT THE DIFFERENT PROCESSES AND BEST PRACTICES THAT THEY HAVE IDENTIFIED. AND THEY HAVE NOT BROUGHT THIS UP AS A SUBSTANTIVE ISSUE OR CONCERN IN THEIR MIND REGARDING SHIFTING OF -- CONSTRUCTION MANAGERS SHIFTING THE BURDEN BACK ON TO THE PUBLIC ENTITY. IN THOSE CASES. WHAT OUR EXPERIENCE THAT MR. REIKE WAS REFERRING TO ON -- ON THE PICKLE ELEMENTARY SCHOOL AND SAINT JOHN COMMUNITY CENTER PROJECT IS THAT WE PIGGYBACKED, ALONG WITH AISD, WHERE THEY WERE ABLE TO USE A CONSTRUCTION MANAGER AT RISK AND IT PROVED TO BE VERY SUCCESSFUL DELIVERY METHOD THERE. BRINGING THEM ON DURING DESIGN, BEING PART OF THE PROJECT TEAM AND EXPEDITING CONSTRUCTION AND WE HAD A GUARANTEED MAXIMUM PRICE CONTRACT THERE. WITH THE CONTINGENCY BUILT INTO IT, WHICH IS PART OF THE METHODOLOGY AND THAT SEEMED TO WORK WELL.

Slusher: OKAY. YOU SAID YOU BROUGHT THEM ON -- YOU SAID DURING THE DESIGN OR AT THE BEGINNING OF THE DESIGN? HOW DID THAT WORK?

THEY WERE BROUGHT ON EARLY IN THE DESIGN PROCESS, SO THEY WERE ABLE TO BE PART OF THE PROJECT TEAM THROUGH THE DESIGN AND ALSO ALLOWED CONSTRUCTION TO START BEFORE DESIGN WAS COMPLETE.

Slusher: HOW MUCH, THIS WOULD BE COMING IN LATER AFTER THE DESIGN IS DONE ON THIS PROJECT BECAUSE -- TELL ME ABOUT THE DUE DILIGENCE THAT'S BEEN DONE TO SEE HOW THAT WOULD AFFECT THIS.

OKAY. WE REVIEWED EARLIER SEVERAL POINTS OF, YOU KNOW, KIND OF COMPARISONS OF -- BETWEEN THE PROCESSES AND THIS -- AND FOR WHEN WE APPLY A CONSTRUCTION MANAGER AT RISK TO THE NEW CITY HALL PROJECT, IT IS -- IT IS NON-STANDARD IN TERMS OF -- IN TERMS OF NOT BRINGING THEM IN DURING DESIGN. SO WE DON'T NECESSARILY GET ALL OF THE BENEFITS OF THAT METHODOLOGY DURING THE DESIGN PHASE. WE DON'T -- WE HAVE DESIGN COMPLETE SO WE ARE NOT SHORT CIRCUITING THE DESIGN CONSTRUCTION PROCESS. BUT THERE WERE -- THERE WERE ASPECT OF THE METHODOLOGY THAT -- THAT HAD BENEFITS AS WELL.

REIKE: COUNCILMEMBER, IF I MAY, IF YOU BID A CONSTRUCTION CONTRACT IN A HARD COMPETITIVE BID FORMAT, A CONTRACTOR MAY LOOK AT THE BID DOCUMENTS AND SAY, OH, OKAY, THEY MISSED ON THIS. SO I DON'T REALLY HAVE TO PUT THIS IN MY BID. I DON'T REALLY HAVE TO COMMUNICATE IT TO THEM BECAUSE I AM "AN ADVERSARIAL RELATIONSHIP" BIDDING THIS PROJECT, SO I KEEP MY CARDS CLOSE TO MY CHEST. AND THEY BID THE PROJECT, THEY COME IN LOW. THE NEXT THING THAT YOU KNOW IS BEFORE YOU EVEN HAVE DONE MUCH WORK YOU END UP WITH THE FIRST CHANGE ORDER BECAUSE THEY ALREADY KNEW THAT THAT'S AN OPPORTUNITY TO ULTIMATELY BRING UP THE CONTRACT PRICE. IN THIS SETTING, WE HAVE AN OPPORTUNITY TO HAVE THE CONSTRUCTION MANAGER AT RISK COMMUNICATE PRIOR TO ENTERING INTO A GUARANTEED MAXIMUM PRICE AGREEMENT WITH US, TO -- TO COMMUNICATE ANY KIND OF ISSUES THAT ARE UNCLEAR IN THE CONSTRUCTION DOCUMENTS THAT MAY ULTIMATELY RESULT IN CHANGE ORDERS TO THE DESIGN TEAM WITHOUT ANY NEGATIVE REPERCUSSIONS FOR THE CONSTRUCTION MANAGER AT RISK. SO THERE'S AN OPPORTUNITY AS PARTED OF THEIR REVIEW OF THE CONSTRUCTION DOCUMENTS TO -- TO POINT OUT ITEMS THAT MAY NOT BE COORDINATED, ITEMS THAT MAY HAVE BEEN OMITTED AND ALLOW US TO -- TO TAKE CARE OF THOSE BEFORE WE ENTER INTO A GUARANTEED MAXIMUM PRICE. THEREBY ALLOWING US TO STICK WITH A GUARANTEED MAXIMUM PRICE. IN ADDITION TYPICALLY THE METHODOLOGY INCLUDES A CONTINGENCY THAT IS PERMISSIBLE FOR USE WITH CHANGE CONDITIONS THAT WERE NOT CLEAR AT THE TIME THE GUARANTEED MAXIMUM PRICE WAS ENTERED INTO. IF YOU START THE PROCESS EARLY, IF YOU START CONSTRUCTION WHILE OTHER PARTS ARE STILL BEING DESIGNED. FOR INSTANCE, IN THIS PROJECT IF YOU WOULD HAVE STARTED THE EXCAVATION WHILE WE WERE BARELY A THIRD THROUGH DESIGN, AND WE WOULD HAVE WANTED A GUARANTEED MAXIMUM PRICE FROM THE CONSTRUCTION MANAGER AT RISK, WE WOULD HAVE HAD A SIGNIFICANT CONTINGENCY IN TERMS OF PERCENTAGE OF THE OVERALL CONSTRUCTION COSTS BECAUSE THERE WAS TOO MUCH UNCERTAINTY RELATIVE TO ANYTHING ELSE. THE MORE CERTAINTY THAT YOU HAVE, THE SMALLER THE CONTINGENCY GETS. THE CONTINGENCY IS OWNED BY THE CITY, NOT BY THE GENERAL CONSTRUCTION CONTRACTOR OR THE -- OR THE -- THE PROJECT MANAGER AT RISK UNLESS THEY ARE AS AN INCENTIVE NEGOTIATED TERMS THAT ALLOW FOR INSTANCE THE CONSTRUCTION MANAGER AT RISK TO SHARE IN ANY SAVINGS IN THE CONTINGENCY. SO THERE ARE DIFFERENT METHODOLOGIES. I THINK THAT WE WOULD COME BACK ON THE SPECIFIC OF THAT AS WE BRING THE CONTRACTS FORWARD, BUT I THINK THIS IS A -- THIS METHODOLOGY AFFORDS SOME PROTECTION AGAINST CHANGE ORDERS THAT ARE HARD BID -- THAT A HARD BID SCENARIO WOULD NOT.

Slusher: OKAY. LET ME ASK ONE MORE. PROBABLY MORE FOR THE SUBCOMMITTEE THAN THE STAFF. BUT I WILL JUST THROW IT OUT THERE AND SEE WHO WANTS TO ANSWER IT. BUT -- BUT SINCE -- IF YOU GO FROM A -- FROM A PROCESS WHICH IS -- WHICH IS LOW BID, AND SO THE CITY JUST HAS THE CHOICE OF EITHER ACCEPTING LOW BID OR REJECTING THE BIDS, THAT'S THE WAY WE ARE USED TO DOING, THEN WHEN YOU GET IN A SITUATION WHERE YOU ARE INSTEAD GOING ON THE BEST VALUE, YOU CAN EVALUATE OTHER FACTORS, THAT SEEMS TO ME THAT THAT OPENS IT UP TO A LOT MORE LOBBYING OF THE COUNCILMEMBERS. IT MAKES IT MORE OF A SUBJECTIVE PROCESS. I'M WONDERING IF ON THE SUBCOMMITTEE, DID YOU ALL ADDRESS OR DISCUSS THAT ISSUE AT ALL?

Thomas: GO AHEAD, CHAIR. I WILL LET THE CHAIR ANSWER THAT.

Alvarez: WELL, WE DIDN'T ADDRESS IT DIRECTLY, I THINK, BUT WE ARE -- WE ARE MOVING -- WHAT WE ARE MOVING TO IS MORE OF A MODEL THAT MAYOR ERRORS WHAT WE DO ON PROFESSIONAL SERVICES WHICH IS BASED ON QUALIFICATIONS AND SO I WOULD THINK THAT WE WOULD HAVE SIMILAR PROTECTIONS, YOU KNOW, UNDER THESE KIND OF DELIVERY METHODS AS WE WOULD UNDER PROFESSIONAL SERVICES. IT'S NOT, YOU KNOW, I REALLY DON'T SEE IT LIKE WE ARE REINVENTING THE WHEEL. IN FACT I THINK WE TOOK SOME ASPECTS FROM THE PROFESSIONAL SERVICES MATRIX AND USED THAT TO CRAFT SOME OF THE CATEGORIES FOR THE SB 510 OPTIONS. SO I WOULD THINK THAT WE WOULD HAVE THE SAME KINDS OF ANTI-LOBBYING PROVISIONS TO PROTECT, YOU KNOW, FROM -- FROM THOSE KINDS OF THINGS THAT WE ARE TRYING TO AVOID IN THE PROFESSIONAL SERVICES SIDE.

Slusher: WELL, I WOULD SAY ON THE PROFESSIONAL SERVICES ANTI-LOBBYING CLAUSES, THAT'S A WHEEL THAT COULD USE SOME, IF NOT REINVENTION, A LITTLE WORK ON IT. BECAUSE I THINK THAT IS REALLY PRETTY LOOSE. AND IT'S -- THIS IS OPENING UP A WHOLE NEW REALM TO THAT KIND OF ANTI--- OF NO LOBBYING, QUOTE UNQUOTE. AND I REALLY THINK THAT WE ARE GOING TO HAVE TO ADDRESS THAT PRETTY STRONGLY IF WE ARE GOING TO GO DOWN THIS ROAD.

Alvarez: I THINK ONE OF THE WAYS THAT WE ARE TRYING TO MITIGATE THAT IS -- IS BY STIPULATING WHAT PROJECTS THE SB 510 METHODOLOGIES CAN BE APPLIED TO. AND I THINK AT THIS POINT AT LEAST WE ARE SAYING ANYTHING UNDER $2 MILLION PROBABLY, I DON'T THINK IT'S SET IN STONE, BUT WOULD JUST GO UNDER THE REGULAR METHOD. BUT THEN THE REAL QUESTION IS ABOVE 2 MILLION, YOU KNOW, THAT THERE'S -- THE COMPETITIVE SEALED BID, PROPOSAL, HAS, YOU KNOW, I THINK -- I THINK IS ATTRACTIVE FOR A CERTAIN RANGE OF PROJECTS AND CM AT RISK AND DESIGN BUILD FOR OTHER SIZED PROJECTS. SO I THINK THOSE ARE -- AS WE MOVE FORWARD, YOU KNOW, WORKING WITH THE ADVISORY COMMITTEE AND STAFF TO -- TO DEFINE, YOU KNOW, IN THIS -- PROJECTS OF THIS SIZE AND FOR THIS TYPE OF CONSTRUCTION, THEN THIS IS THE -- THE APPROPRIATE DELIVERY METHOD AND THEN THAT WILL I THINK LIMIT THE AMOUNT OF -- OF I GUESS OF ABILITY I GUESS OR -- OR I GUESS ALLEVIATE SOME OF THE CONCERN THAT YOU HAVE ABOUT AT LEAST HOW MANY PROJECTS COULD POTENTIALLY -- COULD POTENTIALLY BE SOME POLITICKING.

Slusher: IT'S LESS -- LESS OPPORTUNITY IS MY POINT. I STILL STAND THAT IT'S A VERY SERIOUS CONCERN, AT LEAST IN MY OPINION.

Mayor Garcia: LET ME SEE IF THE OTHER MEMBERS OF THE COUNCIL COMMITTEE WANT TO ADDRESS THIS ISSUE, COUNCILMEMBER THOMAS, COUNCILMEMBER DUNKERLY?

Thomas: I HEAR WHAT COUNCILMEMBER SLUSHER IS SAYING. I THINK WE DO HAVE SOME TOOLS IN THERE TO HELP THAT. BUT I THINK THE BIGGEST THING IS HOPEFULLY IF WE -- WHEN THIS SENATE BILL IS PASSED, I MEAN THIS PARTICULAR RESOLUTION, I THINK NUMBER 7 MAKES IT VERY CLEAR. ABOUT THE CONCEALED BIDS FOR THE SUBCONTRACTORS SO THAT WOULD HELP US THAT WE WON'T HAVE TO DO ALL OF THE SOLICITING, THE LOBBYING THAT COUNCILMEMBER SLUSHER IS CONCERNED ABOUT. BUT I DO WANT TO GIVE -- I KNOW SOME -- WE ARE GOING TO HAVE THE ITEM LATER ON THIS EVENING. BUT SOME OF THE ADVISORY COMMITTEE MEMBERS ARE HERE AND I WOULD LIKE TO ASK ONE QUESTION BECAUSE THEY ARE NOT GOING TO BE ABLE TO BE BACK THIS EVENING. BECAUSE SOME OF THEM HAVE DEALT WITH SOME OF THE -- THE PROCESS THAT WE ARE GETTING READY TO GO INTO AND THEN IT'S BEEN VERY SUCCESSFUL. I THINK THE BIGGEST THING THAT WE WERE LOOKING AT IS ALSO THAT IT WOULD ENHANCE OUR M/W.B.E. PARTICIPATION TO THE POINT THAT WE WON'T HAVE TO DO SOME OF THE THINGS, A LOT OF THE LOBBYING, ALL OF THE REBIDDING. IF THE MAYOR DOESN'T MIND, I WOULD LIKE TO ASK THE QUESTION TO ONE OF THE ADVISORY BOARD MEMBERS ON THE PROCESS OF THE -- OF THE CONCEALED -- I MEAN SEALED BIDDING FOR SUBCONTRACTORS. AND THE PROCESS THAT YOU HAVE SEEN IN OTHER PROJECTS THAT WE WERE DISCUSSING AFTER THE MEETING THE OTHER DAY.

SURE. MR. MAYOR AND COUNCILMEMBERS, MY NAME IS ADRIENNE NEELEY, I'M HONOR OF -- A MEMBER OF BUILDING MAINTENANCE AND ALSO A MEMBER OF THE ADVISORY COMMITTEE. IN THE ADVISORY COMMITTEE'S REVIEW OF DIFFERENT PROJECTS, MOST -- MOST SIGNIFICANT AMOUNT OF MANAGER AT RISK TYPE PROGRAMS THAT'S TAKEN PLACE IMMEDIATELY AT THE UNIVERSITY OF TEXAS WITH -- WITH A GREAT AMOUNT OF SUCCESS. A NUMBER OF -- OF MEMBERS OF THE DSMBR PROGRAM HAVE ALSO PARTICIPATED IN THOSE TYPE OF PROGRAMS. THE MANAGER AT RISK PROGRAM IS NOT AS ELONGATED AS MOST OF THE STAFF MIGHT ENVISION. SURE ENOUGH, STAFF HAS GIVEN YOU CONSERVATIVE IDEAS ABOUT TIME LINES AND PRICE. MAINLY BECAUSE THEY ARE THEY ARE NOT NAM WITH THE -- THEY ARE NOT FAMILIAR WITH THE PROCESS. I UNDERSTAND THAT, THOSE ITEMS WERE ALSO A LITTLED IN THE ADVISORY COMMITTEE. WE JUST HAVE A UNIQUE SITUATION WHERE A LOT OF US HAVE PARTICIPATED IN THE PROCESS WHEREAS THE CITY OF AUSTIN HAS NOT. IT'S A NEW THING FOR THE CITY OF AUSTIN SO WE CAN UNDERSTAND YOUR CONSERVATISM. BUT ON THE OTHER HAND YOU ARE AT AN ADVANTAGE IN USING WHAT WE FOUND IS THAT YOU ARE AT AN ADVANTAGE AT CM AT RISK BECAUSE YOU GIVE -- YOU ARE GIVEN AN OPPORTUNITY TO SAVE MONEY AT THE FRONT END. YOU ARE ALSO IN THE CM AT RISK PROCESS, YOU HAVE SEVERAL BIDDING PROCESSES ALONG THE LINE AS FAR AS SUBCONTRACTORS ARE -- ARE DEALT WITH. ALL OF THE SUBCONTRACTS ARE NOT DONE AT ONE TIME. THEY ARE PHASED IN. THE CM AT RISK ALREADY HAS A GENERAL IDEA OF WHAT -- WHAT THE VALUE OF -- DOLLAR VALUE OF THOSE SUBCONTRACTS ARE. THAT GIVES THEM AN OPPORTUNITY TO NEGOTIATE WITH SUBCONTRACTORS. WE HAVE EXPLAINED THAT TO THE ADVISORY COMMITTEE AND THE SUBCOMMITTEE AND SO I THINK THE ADVISORY COMMITTEE AND SUBCOMMITTEE UNDERSTANDS THOSE PROCESSES -- AND AS FAR AS TIME IS CONCERNED THAT ALSO -- THAT TYPE OF PROCESS KIND OF SPEEDS THE CONSTRUCTION PROCESS BECAUSE YOU DON'T HAVE TO SPEND A WHOLE LOT OF TIME UP FRONT ON EVALUATING A LOT OF SUBCONTRACTS. I THINK THENT THEYS THAT HAVE DEALT WITH THIS -- WITH THIS TYPE OF DELIVERY PROCESS CAN GIVE YOU A LOT OF ACCOLADES ON THAT -- ON THAT DELIVERY METHOD. ESPECIALLY AISD. I THINK THEY HAVE THE LONGEST RECORD IN DEALING WITH THAT PROCESS THAN EVEN THE UNIVERSITY OF TEXAS. A LOT OF US HAVE MADE SUGGESTIONS OF -- OF POSSIBLE CONSULTANTS TO DEAL WITH THIS DELIVERY METHOD, ALSO. DO YOU HAVE ANY QUESTIONS FOR ME? I THINK THAT'S THE BETTER QUESTION.

NO, THAT'S IT. NOT ME.

Slusher: THANK YOU.

Mayor Garcia: THANK YOU, MR. KENNEDY. YOU WILL GET AN OPPORTUNITY TO ALSO SPEAK AT THE TIME THAT ITEM NO. 39 COMES UP ON THE AGENDA. OR IF IT'S TAKEN UP AS A -- AS A CONSENT ITEM DURING THE CONSENT AGENDA. FURTHER QUESTIONS, COMMENTS? COUNCILMEMBER DUNKERLY?

Dunkerly: IN RARZ TO THE LOBBYING ISSUE -- IN REGARDS TO THE LOBBYING ISSUE THAT COUNCILMEMBER SLUSHER BROUGHT UP, THERE ARE A COUPLE OF THINGS THAT I THINK WE NEED TO DO TO CLARIFY FOR THE COUNCIL AS WELL AS FOR OUR VENDORS WHAT WE MEAN WHEN WE SAY NO LOBBYING. FRANKLY, I'M NOT SURE WHAT THAT MEANS. BUT I DO KNOW THAT SOME VENDORS ARE VERY STRICT IN THAT INTERPRETATION AND OTHER VENDORS ARE NOT SO STRICT. SO PERHAPS IF YOU ALL COULD COME UP WITH A RECOMMENDATION FOR US, WHEN WE PUT THE ANTI-LOBBYING CLAUSE IN, DOES THAT MEAN NO LOBBYING WHILE THE PROPOSALS ARE BEING PREPARED? DOES IT MEAN NO -- NO LOBBYING WHILE THE PROPOSALS ARE BEING CONSIDERED BY STAFF? AND AT WHAT TIME IS IT LEGITIMATE FOR A VENDOR TO -- TO COMMUNICATE TO COUNCIL VIA MEMO, LETTER OR WHAT HAVE YOU TO -- TO BRING THEIR ISSUES FORWARD. I THINK WE NEED TO BE CAREFUL IN ARTICULATING THAT SO ALL OF THE PLAYERS AT SOME POINT IN THE PROCESS KNOW WHEN THEY CAN COMMUNICATE BY LETTER OR BY TRYING TO GET AN APPOINTMENT WITH US OR WHAT HAVE YOU. I THINK IF YOU COULD CLARIFY THAT WHEN A TIME LINE IS DARK AND WHEN IT'S OKAY TO HAVE HIM TALK AND GET COMMUNICATIONS. THE SECOND THING THE COUNCIL DOESN'T KNOW WHEN THE PROPOSAL GOES OUT WITH THE ANTI-LOBBYING CLAUSE IN. SO PERHAPS YOU NEED TO CHANGE YOUR PROCESS SO THAT WHEN YOU SEND THAT SOLICITATION OUT, YOU ALSO SEND A NOTIFICATION TO COUNCIL SAYING WE ARE -- WE ARE -- WE ARE REQUESTING PROPOSAL ROAMS ON THIS ITEM. THERE WILL BE AN ANTI-LOBBYING CLAUSE FROM THIS DAY TO THIS DAY, DURING THIS PERIOD THE VENDORS CAN SEND YOU WRITTEN COMMUNICATION, OR WHATEVER THE PROCESS IS. SO THAT WE CAN -- WE CAN -- WE CAN KNOW -- KNOW BETTER HOW TO PARTICIPATE. WE DON'T WANT TO BREAK YOUR RULES ANY MORE THAN WE WANT A VENDOR TO BREAK THEM. I THINK WE REALLY DO NEED TO TAKE ANOTHER LOOK AT THAT.

Slusher: I JUST WANTED TO MAKE CLEAR THE REASON THAT I BRING THIS UP IS NOT JUST SO I WON'T GET LOBBIED AND HAVE MORE TIME FOR OTHER THINGS. THE LAW -- THE LOW BID LAW AND PROFESSIONAL SERVICES LAW ARE THERE FOR A NUMBER OF REASONS AND ONE OF THEM IS THAT -- THAT TO WHERE IT DOESN'T GET TO A POINT WHERE THE COUNCILMEMBERS ARE MAKING -- OR EVEN COMING NEAR MAKING ANY DECISIONS ABOUT WHO CONTRACTORS ARE BASED ON POLITICAL CONNECTIONS OR POLITICAL MEANS OF ANY KIND. SO I THINK THAT -- LIKE I SAID, THE ANTI-LOBBYING CLAUSE THAT WE HAVE HAS GOTTEN A LITTLE TOO LOOSE IN MY OPINION, I WANT TO MAKE SURE IF WE ARE GOING TO UP A NEW METHOD OF -- OF AWARDING CONTRACTS THAT WE DON'T SLIP INTO SOMETHING THAT IS -- THAT WOULD NOT BE THE APPROPRIATE WAY TO CONDUCT BUSINESS.

Mayor Garcia: MAYOR PRO TEM?

Goodman: I THINK TO CARRY ON THIS THING FOR JUST A SECOND LONGER. IT MAYBE ISN'T LOOSE, IT'S JUST POORLY UNDERSTOOD. AT SOME POINT IN THE PROCESS, TOO, AS -- WELL, LET ME BACK UP. AS I UNDERSTOOD IT, THEY CAN'T COME TO US OF THEIR OWN VOLITION UNTIL IT BECOMES AN ITEM ON THE AGENDA AND THERE'S A PUBLIC OPPORTUNITY FOR ANYBODY TO SPEAK. THEN -- THEN YOU CAN COMMUNICATE. BEFORE THAT, THOUGH, COUNCILMEMBERS OFTEN HAVE QUESTIONS. ON SOME PARTICULAR, ESPECIALLY HIGH PROFILE PROJECTS. AND AT WHAT POINT ARE WE ALLOWED TO COMMUNICATE WITH -- WITH WHOEVER IS BEING RECOMMENDED FOR -- FOR WHATEVER CONTRACT. BECAUSE, YOU KNOW, IN THE BACKUP WE DON'T -- WE DON'T ALWAYS GET SUPREMELY DETAILED INFORMATION ABOUT EVERY SINGLE THING THAT'S COVERED IN THIS CONTRACT. AND SOME THINGS ARE MORE POLICY DRIVEN AND THEY DON'T REALLY COME THROUGH AND BACK UP INFORMATION. THAT'S NOT WHAT IS BEING SENT. WE NEEDLESS TO KNOW TRADITIONALLY IT'S BEEN THE VENDOR CONTRACTOR, WHOMEVER, DOES NOT COME TO COUNCIL -- THE COUNCILMEMBER IS NOT ABLE TO ASK QUESTIONS, THAT DOESN'T OPEN UP THE DOOR FOR ANY FUTURE COMMUNICATIONS OF THE VENDORS' VOLITION. BUT IF THE COUNCILMEMBER THEN HAS A SECOND QUESTION LATER THAT'S ALSO BEEN TRADITIONALLY OKAY. IF THAT'S NOT OKAY WE NEED TO KNOW THAT AS WELL. HOW DO WE THEN COMMUNICATE WITH CONTRACTOR ABOUT INFORMATION THAT WE NEED BEFORE WE DECIDE.

MAYOR? IN RESPONSE TO MAYOR PRO TEM'S AND COUNCILMEMBER DUNKERLY'S, WE WILL LAY OUT THAT CLARIFICATION FOR THE COUNCIL. WE WILL DEVELOP SOME RECOMMENDATIONS PURSUANT TO COUNCILMEMBER DUNKERLY'S REQUEST. SO WE WILL BRING THAT FORTH BEFORE WE -- BEFORE WE BRING THE CITY HALL MATTER BEFORE YOU.

Mayor Garcia: FURTHER COMMENTS, QUESTIONS? OKAY. THANK YOU VERY MUCH. AND WE WILL TAKE THIS ITEM UP EITHER DURING THE CONSENT AGENDA OR IF IT'S PULLED OFF THE CONSENT AGENDA WE WILL HANDLE IT AT THE TIME THAT IT COMES UP. THANK YOU VERY MUCH, EVERYBODY, FOR BEING HERE. AT THIS TIME I WILL ANNOUNCE THAT -- THAT THE COUNCIL WILL -- THE CITY COUNCIL WILL GO INTO CLOSED SESSION UNDER CHAPTER 551 OF THE TEXAS GOVERNMENT CODE TO RECEIVE ADVICE FROM LEGAL COUNSEL AND TO DISCUSS THE FOLLOWING ITEMS, UNDER PRIVATE CONSULTATION WITH OUR ATTORNEY, SECTION 551.071, ITEM NO. 4 IS TO DISCUSS LEGAL ISSUES RELATED TO AUSTIN 360 ASSOCIATES, LP VERSUS THE CITY OF AUSTIN, CAUSE NUMBER GNO-01372 IN THE 261ST JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS AND RELATED ISSUES UNDER CHAPTER 245 OF THE TEXAS GOVERNMENT CODE, ALSO KNOWN AS HOUSE BILL 1704, THIS IS CONCERNING THE DEVELOPMENT OF APPROXIMATELY 10 ACRES NEAR BLUFFSTONE DRIVE AND BLUFFSTONE COVE AT LOOP 360. ITEM NO. 5 DISCUSS LEGAL ISSUES RELATED TO EARNEST L.LUNDELIUS, JUNIOR, ET AL, VERSUS THE CITY OF AUSTIN, TEXAS CAUSE NUMBER GN 104166, FILED IN THE 353RD JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS, CONCERNING DEVELOPMENT OF APPROXIMATELY 19 ACRES OF LAND NEAR THE INTERSECTION OF WILLIAM CANNON DRIVE AND BRODIE LANE. UNDER REAL PROPERTY SECTION 551.072, ITEM NO. 6, TO DISCUSS ACQUISITION OF LANDS FOR THE GREENWAY AND DESTINATION PARKS, THIS IS PURSUANT TO THE NOVEMBER 1998 BOND ELECTION. AND FOLLOWING EXECUTIVE SESSION ITEM -- THE FOLLOWING EXECUTIVE SESSION ITEM WILL BE NOT BE DISCUSSED, SEMI NUMBER 7, FEE SIMPLE AND EASEMENT ACQUISITION FOR THE BRODIE/SLAUGHTER LANE TRAFFIC MANAGEMENT SYSTEM PROJECT. THAT WILL BE POSTPONED. SO THE COUNCIL WILL NOW GO INTO EXECUTIVE SESSION. AND WE SHOULD BE BACK HERE AT 1:30 FOR OUR 1:30 TIME CERTAIN, WHICH IS CITIZENS COMMUNICATION. WE ARE IN EXECUTIVE SESSION. 12:37 P.M.

Mayor Garcia: GOOD AFTERNOON, AGAIN, AS SOON AS WE GET ONE MORE COUNCILMEMBERS IN THE CHAMBERS, WE WILL -- WE WILL BE RECONVENING THE REGULAR MEETING OF THE COUNCIL. AND -- AND WHEN WE DO THAT, WE WILL BE GOING DIRECTLY INTO OUR 1:30 TIME CERTAIN, WHICH IS CITIZENS COMMUNICATION GENERAL. AND WE HAVE NINE SPEAKERS. STARTING WITH MR. MIKE QUIRK, MAY SCHMIDT AND JIMMY CASTRO IN THAT ORDER. I'M GETTING A LITTLE BIT OF FEEDBACK IF YOU CAN LOWER THE VOLUME A LITTLE BIT. THANK YOU. HOW ARE YOU ALL TODAY? I THINK THAT I KNOW SOME OF YOU. OKAY. WE HAVE A QUORUM OF THE COUNCIL IN THE CHAMBERS, NOW WE GO TO THE 1:30 TIME CERTAIN. AT THIS TIME I WILL RECONVENE THE MEETING, THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL OF AUGUST 29TH. IT IS 1:55 AND THE FIRST SPEAKER IS MR. MIKE QUIRK. MR. MIKE QUIRK, IS HE HERE? MAY SCHMIDT? MAY, WELCOME, I HAVEN'T SEEN YOU IN A WHILE.

OH, I'M AROUND. MY NAME IS MAY SCHMIDT. AND I'M HERE TODAY TO TALK ABOUT WEST AUSTIN PARK. I'M ANGRY AND I'M FRIGHTENED BY THE PROSPECT OF TURNING THIS PARK INTO A DOG PARK BECAUSE OF THREE BASIC CONCERNS. THE TAXES USED -- TACTICS USED SO FAR TO REACH THIS DECISION AND SAFETY AND HEALTH ISSUES. I'M ANGRY THAT THE CITY HAS SPENT A SIGNIFICANT AMOUNT OF STAFF TIME AND MONEY AND PLANS TO SPEND 18 TO $20,000 MORE DURING A SERIOUS BUDGET CRUNCH ON A PROPOSAL THAT HAS NOT EVER HAD A PUBLIC DISCUSSION IN THE NEIGHBORHOOD AND THAT DUPLICATES A SERVICE OFFERED AT THREE OTHER LOCATIONS WITHIN WALKING DISTANCE AND TWO ADDITIONAL LOCATIONS THAT ARE ABOUT FIVE MINUTES DRIVE AWAY. THIS PROPOSAL WAS SLIPPED INTO THE NEIGHBORHOOD PLAN ONLY WHEN THE PLAN WENT OUT FOR THE FINAL VOTE. THERE IS NO NEIGHBORHOOD CONSENSUS FAVORING THIS IDEA. I SERVED ON THE RECENT DOG SUBCOMMITTEE. FAR FROM GETTING EVERYTHING WE WANTED, THOSE OF US WHO ATTEMPTED TO ADDRESS CURRENT PROBLEMS WITH DOGS WERE MET WITH DERISION, NAME CALLING, VERBAL HARASSMENT, THREATS, IN ONE CASE ASSAULT. WERE NEVER ALLOWED TO DISCUSS OUR VIEWPOINT. THE PROPOSED PLAN WAS WRITTEN BEFORE THE COMMITTEE EVER MET. I'M FRIGHTENED BECAUSE THE PRESENCE OF MULTIPLE LARGE AND LARGELY UNSUPERVISED DOGS IN AND AROUND THE PARK ENDANGERS US ALL, CHILDREN, ADULTS, THE DOGS THEMSELVES. DOGS ARE NOT FURRY PEOPLE. IN FACT THEY MORE OFTEN RESEMBLE MUTUAL FUNDS, PAST BEHAVIOR IS NOT AN INDICATION OF FUTURE PERFORMANCE. THEY DASH INTO TRAFFIC AND IF THEY FEEL THREATENED THEY ATTACK. THEY CAN RUN FASTER THAN MOST PEOPLE. A DOG WEIGHING 40 OR 50 OR MORE POUNDS MAY SERIOUSLY HARM OR EVEN KILL A PERSON, ESPECIALLY A CHILD. INCIDENTS THAT I HAVE OBSERVED THAT COULD EASILY HAVE LED TO TRAGEDIES. A WOMAN WHO REPEATEDLY THROWS A BALL INTO THE PLAYSCAPE IN USE BY CHILDREN FOR HER FULL-GROWN DOBIEER MAN TO RETRIEVE. REPEATEDLY. AN INDIVIDUAL WHO HERDS HIS LEASHLESS PIT BULLS TO THE PARK WHILE DRIVING A PICKUP AND THEN THROUGH THE PLAYSCAPE AND BY THE SWIMMING POOL. PEOPLE WHOSE LEASH'SLESS DOGS ENDANGER OUR SCHOOL CHILDREN WALKING TO SCHOOL IN WHAT IS SUPPOSED TO BE A SAFE ROUTE. A TRAGEDY WILL HAPPEN, JUST LISTEN TO THE NEWS. I'M ANGRY THAT OUR EMERGENCY PHONE NUMBERS, 911, 311, PARK POLICE AND ANIMAL CONTROL WILL NOT TAKE CALLS FOR ASSISTANCE BECAUSE AS ONE CITY STAFF MEMBER SAID, THE DOG OWNERS MADE US LOOK LIKE JERKS IN THE NEWSPAPER. WHEN AN INCIDENT DOES RESULT IN INJURY, I HOPE THAT 911 WILL TAKE THE CALL AND THAT E.M.S. WILL RESPOND. I'M ANGRY THAT THE CITY HAS TOLD THE NEIGHBORHOOD GROUP THAT THERE'S NO LIABILITY INVOLVED FOR EITHER THE CITY OR THE GROUP WHEN SOMEONE IS INJURED. I AM READY TO TESTIFY ABOUT MY ATTEMPTS TO ALERT OFFICIALS TO THE DANGER AND THAT I WAS LAUGHED AT, IGNORED AND HARASSED. I'M ANGERED BY THE PRESENCE -- [BUZZER SOUNDING] -- SNIEWF THE REST IN WRITING.

THANK YOU.

Futrell: LET ME -- WE HAVE HEARD WEEK AFTER WEEK ON THIS. I FEEL THE NEED FOR US TO GET SOME OF THIS INFORMATION ON THE RECORD. I'M HOPING THAT MIKE IS EN ROUTE. BUT LET ME GO ON AND GIVE MY STAB AT THIS. IT IS VERY, VERY TRUE THAT THERE IS NOT CONSENSUS IN THIS NEIGHBORHOOD ON HOW TO HANDLE DOGS OFF THE LEASH IN THIS PARK. THIS IS A LONG STANDING, ONE OF THE MOST PASSIONATE, DEVICIVE DISCUSSIONS THAT I HAVE BEEN INVOLVED IN IN A NEIGHBORHOOD AND THAT SAYS A LOT. WE HAVE INDEED HAD MULTIPLE PUBLIC MEETINGS AND DISCUSSION. I ATTENDED ONE WHERE OVER 100 TO 200 PEOPLE WERE THERE IN THE ROOM. THIS STEMS FROM YEARS AGO AT A NEIGHBORHOOD -- FROM A NEIGHBORHOOD PLAN PROCESS WHERE AN IDEA CAME FORWARD TO HAVE A PILOT ON A FENCED OFF AREA FOR A NO LEASH ZONE. WHAT WE FOUND WHEN WE WENT BACK IN TO TAKE A LOOK AT THAT RECOMMENDATION WAS THAT THERE HAD NEVER CLEARLY BEEN A POLL OR A VOTE TAKEN ON THE ISSUE, EVEN THOUGH IT SHOWED UP IN THE FINAL AND ADOPTED NEIGHBORHOOD PLAN. SO HERE IS THE IDEA: THE CONCEPT IS AFTER TRYING REPEATEDLY TO FIND A NEGOTIATED SOLUTION, IT WAS CLEAR WE HAVE A SPLIT NEIGHBORHOOD THAT IS NOT COMING TO A NEGOTIATED SOLUTION, WE INTEND TO TAKE A VOTE AND MICHAEL YOU CORRECT ME IF I'M WRONG, WE ARE GOING TO GO BACK, LIKE WE DO WHEN WE TAKE A VOTE ON A NEIGHBORHOOD PLAN, AND IF THE MAJORITY OF THE PEOPLE IN THIS NEIGHBORHOOD AREA WANT TO TRY A FENCED OFF NO LEASH AREA FOR DOGS WE ARE GOING TO TRY IT ON A PILOT BASIS. WE WILL SET UP PERFORMANCE MEASUREMENTS ON THE FRONT, REVIEW THEM AT THE END OF THE SIX MONTHS, AND THEN MAKE A DECISION ON HOW TO MOVE FORWARD. IF THE MAJORITY OF THE PEOPLE IN THIS NEIGHBORHOOD VOTE TO NOT DO THE PILOT, WE WILL NOT DO ONE. AND THAT IS THE BEST WAY WE COULD COME UP AS SOLOMON ON THIS ISSUE. JUST FOR WHAT'S IT'S WORTH AND A LITTLE MORE INFORMATION.

Mayor Garcia: THANK YOU, CITY MANAGER. MR. JIMMY CASTRO, FOLLOWING JIMMY CASTRO IS MR. GUS PENA, WELCOME, SIR.

GOOD AFTERNOON, MAYOR GARCIA, COUNCILMEMBERS AND MS. FUTRELL. I DO HAVE SLIDES TO SHOW YOU, I'M HERE ON SPEAK ON MY OWN BEHALF, ALSO A FORMER BOARD MEMBER OF THE MILLWOOD NEIGHBORHOOD ASSOCIATION IN NORTH AUSTIN. I'M HERE TO SPEAK IN SUPPORT OF THE CITY MANAGER'S PROPOSED BUDGET RECOMMENDATIONS. THIS FIRST SLIDE SHOWS THIS CITY'S BUDGET WAS DEVELOPED TO ADDRESS THE ISSUES IDENTIFIED BY THE CITY COUNCIL AND THE CITIZENS OF AUSTIN. NEXT. WHERE THE MONEY COMES FROM. THE FISCAL YEAR 2003 PROPOSED BUDGET REVENUE IS $1.8 BILLION. NEXT. THE FISCAL YEAR 2003 PROPOSED BUDGET EXPENDITURES IS $1.8 BILLION. NEXT. THE PROPERTY RATE VALUATION. THE PROPERTY TAX IMPACT IS WITH NO CHANGE IN THE TAX RATE. NECK. THE CAPITAL BUDGET. THE PROPOSED TOTAL APPROPRIATIONS IS $470 MILLION. NEXT. WHERE THE MONEY GOES? 53% GOES TO PUBLIC SAFETY, 10% GOES TO PUBLIC HEALTH. NEXT. THE PROPOSED TOTAL POLICE DEPARTMENT RECOMMENDATION IS $167.2 MILLION. NEXT. THE PROPOSED TOTAL FIRE DEPARTMENT RECOMMENDATION IS $87.8 MILLION. NEXT. THE PROPOSED TOTAL EMERGENCY MEDICAL SERVICES RECOMMENDATION IS $27.9 MILLION. NEXT. THE E.M.S. BUDGET RECOMMENDATION INCLUDES THE PROPOSED -- TOTAL EMERGENCY MEDICAL SERVICE RECOMMENDATION IS $27.9 MILLION. AND E.M.S. BUDGET RECOMMENDATION INCLUDES 8 ADVANCED LIFE SUPPORT STATIONS AND STAR FLIGHT. NEXT. THIS E.M.S. BUDGET RECOMMENDATION INCLUDES SUPPORT FOR THE EMERGENCY MEDICAL DISPATCH RESOURCE CENTER. NEXT. THE PROPOSED TOTAL HEALTH AND HUMAN RESOURCES RECOMMENDATION IS $82.2 MILLION. NEXT. THE TOTAL -- THE PROPOSED TOTAL PRIMARY CARE DEPARTMENT RECOMMENDATION IS $33.3 MILLION. NEXT. THE PROPOSED TOTAL PARKS AND RECREATION DEPARTMENT RECOMMENDATION IS $88.2 MILLION. THIS INCLUDES SUPPORT FOR 17 RECREATION CENTERS, BECAUSE IT DOESN'T MATTER IF A CHILD IS FROM NORTH, SOUTH, EAST OR WEST AUSTIN, EVERY CHILD IS SOMEONE SPECIAL. NEXT. THE PROPOSED TOTAL LIBRARY DEPARTMENT RECOMMENDATION IS $24.5 MILLION. THIS INCLUDES SUPPORT FOR 20 BRANCH LIBRARIES AND THE AUSTIN HISTORY CENTER. SO EVERY CHILD CAN READ, LEARN AND DREAM BECAUSE A CITY WITH DREAMS IS A CITY WITH A FUTURE. THANK YOU, MAYOR GARCIA.

Mayor Garcia: THANK YOU, JIMMY. THANK YOU, MR. CASTRO. MR. GUS PENA, FOLLOWING MR. PENA IS MRS. MARY M. ARNOLD. MR. PENA, WELCOME, SIR TO YOU AND YOUR SON LUCIO.

THANK YOU VERY MUCH, WELCOME TO YOU AND OTHERS, ALSO. NUMBER ONE, I LIKE TO PIGGYBACK ON THE DISCUSSIONS THAT YOU ALL HAD PRIOR TO MR. CASTRO. REMEMBER WE ALL LOVE DOGS. OKAY, I HAD A DOG THAT SAVED MY LIFE FROM A RATTLER WHEN WE MOVED TO MONTOPOLIS. THE ISSUE IS THIS, WHEN YOU ARE WALKING ON THE HIKE AND BIKE TRAIL, THERE ARE VERY, VERY SERIOUS PROBLEMS, ALSO WITH INDIVIDUALS NOT KEEPING THEIR DOGS ON A LEASH. AND THERE IS AT LEASH LAW, I BELIEVE, HAVING BEEN PRIOR LAW ENFORCEMENT, MYSELF, THERE IS A LEASH LAW. LET'S LOOK AT THAT, ALSO. MAYOR, COUNCILMEMBERS, HONORABLE CITY MANAGER, MS. TOBY FUTRELL, GUS PENA, PRESIDENT OF EAST AUSTIN CONCERNED HISPANICS. TO MY RIGHT MY MORE HANDSOME THAN I, MY BOY LUCIO WHO I TOOK OUT OF SCHOOL EARLY BECAUSE I HAVE A DOCTOR'S APPOINTMENT LATER ON. MINIMAL IMPACT ON YOUTH PROGRAMS. WHAT DOES THAT MEAN AND TO WHAT EXTENT? I WAS WATCHING TV EARLIER AND I HEARD CHIEF -- CHIEF McDONALD MENTION THAT ABOUT YOUTH PROGRAMS. WE WOULD LIKE TO KNOW WHAT EXTENT HAS BEEN CUT OR IS STILL BEING PROVIDED. THAT'S VERY, VERY KEY AND CRITICAL TO THE YOUTH IN KEEPING YOUTH OUT OF TROUBLE, KEEPING THEM ACTIVE. NUMBER 1, FIRST AND FOREMOST, HOSPITAL DISTRICT EAST AUSTIN CONCERNED HISPANICS, WE ARE STILL DIVIDED ON THAT. WE -- WE ARE NOT OF THE FIRM BELIEF THAT WE SHOULD HAVE ANOTHER TAXING ENTITY. BUT WE NEED TO DO SOMETHING TO HELP ALLEVIATE THE PROBLEM HERE IN AUSTIN. NUMBER 2, URGENT CARE CLINIC OUTSTANDING. YOU KNOW I WAS AT BRACKENRIDGE HOSPITAL, AT SETON, I HAD TO WAIT MANY, MANY HOURS TO BE TRIAGED ALSO TO GET A ROOM. WHEN I GOT A ROOM AT SETON, LASTED SIX DAYS OVER THERE, I WAS MOVED THE SECOND DAY BECAUSE OF A SHORTAGE OF NURSES. WE NEED TO ALSO ENSURE THAT WE PUSH FOR NURSES, ALSO, JUST AS MUCH AS IF WE NEED TO ENSURE THAT WE HAVE ENOUGH TEACHERS TO TEACH OUR CHILDREN. A LITTLE -- IT WILL HELP ALLEVIATE THE OVERCROWDING AT BRACKENRIDGE HOSPITAL. IT WAS OVERCROWDED ALSO AT SETON. I HEARD A NURSE SAY WE ARE GOING TO HAVE TO PUT THE -- THE PATIENTS OUT THERE IN THE -- IN THE NURSE'S STATION BECAUSE THEY ARE COMING OVER FROM BRACK. THEY WERE OVER INUNDATED WITH PATIENTS. VETERANS NEED JOBS, HOUSING, HEALTH CARE, TRANSITIONAL HOUSING FOR HOMELESS VETERANS WITH FAMILIES. ONE OF THE THINGS THAT I HAVE REALLY BEEN PUSHING FOR, COUNCILMEMBER DUNKERLY AND OUR -- I CALL HER OUR QUEEN, OUR SAINT, IF YOU WILL, OUR ANGEL, MAYOR PRO TEM JACKIE GOODMAN ON THE HEALTH CARE ISSUE, BECAUSE THE ELIGIBILITY STILL IS NOT DOING THEIR JOB. THEY ARE TURNING AWAY PEOPLE THAT ARE ELIGIBLE. WHAT HAPPENS WHEN THEY LEAVE? THEY KEEP ON BECOMING ILL. THE ILLNESS BECOMES EVEN MORE SERIOUS, WHAT HAPPENS NEXT. IT BECOMES A FATALITY. WE NEED TO MAKE SURE THEY ARE STILL DOING THEIR JOB OVER THERE. I VISITED TWO OF THE CLINICS, I OVERHEARD SOME PROBLEMS OUT THERE. A WORD TO THE WISE, MAYOR AND COUNCILMEMBERS, MS. CITY MANAGER, THEY ARE NOT DOING THEIR JOB OUT THERE TO WHERE THE PEOPLE ARE NOT BEING HEARD. SOCIAL SERVICE WORKERS ARE VERY MUCH IN NEED. WE NEED WRAP AROUND SERVICES AS KEY AND CRITICAL TO DIRECT THE PEOPLE TO THE NEEDED WRAP AROUND SERVICES, PREVENTIVE HEALTH CARE [BUZZER SOUNDING] I WILL WRAP UP, MAYOR. LET ME KEEP IT AT THAT. I WANT TO THANK YOU ALL FOR WORKING HARD ON THE BUDGET. IT'S VERY, VERY TRAUMATIC SITUATION FOR US. MAYBE YOU ALL CAN START THEM EVEN MORE EARLY ARE THIS YEAR. NEXT YEAR I THINK IT'S A GOOD JOB BUT STILL NEEDS TO BE IMPROVED. THANK YOU VERY MUCH.

Futrell: GUS, WHILE YOU ARE CLEARING, JUST AS A QUALIFIER, THERE'S BEEN A LOT OF MISINFORMATION ABOUT WHAT IS IN THIS BUDGET IN TERMS OF YOUTH PROGRAMMING. ALL DIRECT SERVICES, ALL DIRECT DOLLARS AND SERVICES TO YOUTH PROGRAMMING IS INTACT IN THIS BUDGET. ALL SOCIAL SERVICE CONTRACTS WERE HELD HARMLESS AND IN FACT WE ADDED A HALF MILLION, 500,000 IN ADDITION TO THAT FOR BASIC SERVICE NEEDS. THE YOUTH EMPLOYMENT PROGRAMS ALL ONCE AGAIN DIRECT DOLLARS TO EMPLOYEE YOUTH AND THE SAME NUMBER OF YOUTH TO BE SERVED. IN FACT POSSIBLY A FEW MORE ARE IN THIS BUDGET. WHAT IS AT THE ROOT OF THIS MISUNDERSTANDING OR MISINFORMATION ON OUR BUDGET IS THAT WE DID WORK VERY HARD TO STREAMLINE ADMINISTRATIVE AND MANAGEMENT COSTS OF ALL OF OUR PROGRAMS. IN FACT CITY-WIDE WE CUT OVER $17 MILLION IN ADMINISTRATIVE AND MANAGEMENT COSTS. BY CONSOLIDATING AND LOOKING FOR DIFFERENT SERVICE DELIVERY MODEL, BUT OUR OUTCOMES AND OUR DIRECT DOLLARS ARE ALL INTACT.

YOU ARE TO BE COMMENDED FOR THAT MS. CITY MANAGER, MAYOR AND COUNCILMEMBERS, BEFORE I LEAVE, THANK YOU VERY MUCH FOR REINSTATING ALL OF THE LIBRARY HOURS, IT COULD BE EARLIER THAN THAT INSTEAD OF OCTOBER. THANK YOU ALL VERY MUCH.

Mayor Garcia: THANK YOU, MR. PENA. MARY M. ARNOLD. MS. ARNOLD? IS SHE HERE? THE REPORT ON THE CITY OF AUSTIN/LCRA WATER IMPACT COMMITTEE WAS GIVEN TO THE COUNCIL EARLIER. IS SHE COMING DID YOU SAY? SHE'S NOT HERE, OKAY. JENNIFER GALE. JENNIFER L. GALE, IS MS. GALE HERE. RICHARD TROXELL.

PAUL ROBBINS. JENNIFER O'DONNELL. IS IT RAINING OUTSIDE OR WHY IS IT THAT PEOPLE ARE NOT COMING? OR IS IT COOL OUTSIDE? THERE YOU GO, THERE'S MS. GALE.

WELCOME, HI AUSTIN, VENERABLE MAYOR, GUS GARCIA, CITY COUNCIL, CITY MANAGER TOBY FUTRELL, I'M ASKING FOR YOU HELP. TEXAS NEEDS JENNIFER GALE TO BE GOVERNOR OF OUR STATE. I'M RUNNING AS A WRITE IN WITH THE SEPTEMBER 6TH 2002 DEADLINE TO SUBMIT MY APPLICATION. I NEED YOUR HELP GOING DOOR TO DOOR, PLEASE YOU MAY REACH ME AT OR PLEASE WRITE TO JENNIFER GALE FOR GOVERNOR, GENERAL DELIVERY, AUSTIN, TEXAS 78767. WE NEED FORUMS IN THIS GUBERNATORIAL ELECTION TO DISCUSS ISSUES WHICH PUBLIC RADIO AND PUBLIC TV CAN PROVIDE ALONG WITH CHANNEL 6. TONY SANCHEZ AND RICK PERRY HAVE HAD MONTHS TO SEND OUT THEIR PLATFORM WHICH MOST OF US DON'T KNOW. WE ALSO HAVE TWO CANDIDATES FOR THE GREEN AND LIBERTARIAN PARTY AND WE DON'T FIND THEM CAMPAIGNING AT ALL. ALTHOUGH JEFF DIAL AND RAUL MAHAJAN ARE CANDIDATES WORE THESE OF LISTENING TO. WE NEED CANDIDATES THAT WANT TO RUN FOR GOVERNOR. WE NOMINATED ANN RICHARDS AND SHE DIDN'T WANT TO BE GOVERNOR. OUR FORMER GOVERNOR, GEORGE BUSH, HASN'T GIVEN ENOUGH JUSTIFICATION FOR OUR CONTINUING THE -- TO DECIMATE THE PEOPLE OF IRAQ. YET IF HE ATTACKS IT WILL BE THE PEOPLE OF TEXAS' FAULT THAT HE MADE IT TO THE PRESIDENCY. HE SUPPORTED THE THE DEATH PENALTY WHICH ONLY TEACHES OUR CHILDREN AND ADULTS TO KILL IF THEY HAVE A MAJOR PROBLEM. WE NEED TO TAKE CARE OF OUR MENTALLY ILL SO THEY ARE NOT RUNNING AROUND THE STREETS. WE NEED TO SHOW HMO'S THAT PEOPLE'S HEALTH ARE MORE IMPORTANT AND THAT OUR DOCTOR GOD-LIKE COMPLEX MUST BE PUT IN CHECK. AGAIN, I'M ASKING YOU TO PLEASE SUPPORT MY CAMPAIGN, I'M ASKING THE PEOPLE TO COLLECT MONEY FOR THE APPLICATION AS A LOAN IF POSSIBLE TO COME UP WITH $3,000 TO RUN. I PROMISE TO WORK CLOSELY WITH THE LEGISLATORS TO FIND OUT WHAT PEOPLE THINK OF THOSE ISSUES AND ITEMS THE REPRESENTATIVES AND SENATORS ARE PROPOSING IN THE COMMITTEES AND I WILL HOLD MORNING BREAKFASTS AT THE GOVERNOR'S MANSION AND ELSEWHERE TO DECIDE THE FUTURE OF TEXAS TOGETHER. IF YOU ARE HAPPY WITH OUR FOUR CANDIDATES, THEN I WOULD HOPE YOU WOULD LOOK TO ME INSTEAD. I WILL BE THE CANDIDATE THAT WILL LISTEN. LISTEN. LISTEN TO RICHARD TROXELL, TO THE ISSUES CONCERNING INCOME AND HOMELESS ISSUES. PLEASE THANK YOU VERY MUCH AUSTIN CITY COUNCIL.

Mayor Garcia: THANK YOU, MS. GALE. RICHARD TROXELL. PAUL ROBBINS? AND FOLLOWING MR. ROBBINS, JENNIFER O'DONNELL. MR. ROBBINS, WELCOME, SIR.

CITIZENS OF AUSTIN, CITY COUNCIL, I WOULD LIKE TO DISCUSS FOR A FEW MINUTES THE ORIGIN OF THE WORD IDIOT. NOW, WE ALL KNOW THE CURRENT DEFINITIONS OF THE WORD. A PERSON WHO IS STUPID, FOOLISH, CRAZY, FEEBLE MINDED, INSANE OR CLOWNISH. IF YOU GO TO THE GREEK ORIGINAL MEANINGS, ONE OF THEM TRANSLATED AS A PERSON WITHOUT PROFESSIONAL KNOWLEDGE. BUT THE EARLY GREEKS ALSO USED IT IN REFERENCE TO SOMEONE WHO WAS APOLITICAL. A PERSON WHO WOULD NOT PARTICIPATE IN CIVIC AFFAIRS. ISN'T IT INTERESTING HOW OUR MODERN WORD FOR DOLT AND OUR ANCIENT WORD FOR A PERSON WHO WOULD NOT CONTRIBUTE TO THE BODY POLITICAL ARE THE SAME? AND, COUNCIL, WITH YOUR POLICIES REGARDING OUR ELECTRIC UTILITY, YOU ARE TURNING AUSTIN CITIZENS BY THE CLASSICAL DEFINITION INTO IDIOTS! CONSIDER WHAT YOU HAVE DONE. YOU HAVE ILLEGALLY OVERCOLLECTED ALMOST HALF A BILLION DOLLARS OVER THE LAST SIX YEARS. ILLEGAL BECAUSE IT WAS DONE WITHOUT A RATES CASE. THAT'S ABOUT, 80 MILLION A YEAR. YOU HAVE SPENT ALMOST 300 MILLION OF THIS TO BUY POWER PLANTS AND OTHER CAPITAL IMPROVEMENTS WITHOUT VOTER APPROVAL. THIS IS A VIOLATION OF THE SPIRIT OF THE AUSTIN CITY CHARTER PROVISION, ARTICLE 7, SECTION 11, "ALL REVENUE BONDS ISSUED BY THE CITY SHALL FIRST BE AUTHORIZED BY A MAJORITY OF THE QUALIFIED ELECTORS VOTING AT AN ELECTION HELD FOR SUCH PURPOSE." SINCE YOU HAVE ILLEGALLY OVERCOLLECTED THIS MONEY IN LIEU OF REVENUE BONDS, THERE'S NO WAY THE CITIZENS CAN DIRECTLY SCRUTINIZE OR REJECT THE POLICIES OF THE ELECTRIC AND WATER UTILITIES. WHAT IS TO STOP THE CITY COUNCIL FROM BUYING ANOTHER EXPENSIVE, DANGEROUS, NUCLEAR PLANT? HOW CAN THE CITIZENS OBTAIN MORE CONSERVATION AND SOLAR ENERGY WHEN WE ARE BUYING MORE FOSSIL FUEL PLANTS? AND IF YOU BELIEVE WE NEED MORE FOSSIL FUEL PLANTS, YOU WILL CERTAINLY WANT TO GUARANTEE THAT YOU HAVE A RELATIVELY INEXPENSIVE SUPPLY OF FUEL. BUT WE'VE BOUGHT WITHOUT VOTER APPROVAL ABOUT -- I THINK 400 MEGAWATTS OF POWER PLANTS WITHOUT THE FUEL. ALL OF YOU, I'M SURE, REMEMBER HOW HIGH FUEL WAS, JUST -- JUST JANUARY OF 2000. IT CAN HAPPEN AGAIN AND IT CAN HAPPEN SOON. COUNCIL, AGAIN, YOU ARE TURNING THE CITIZENS OF AUSTIN TO IDIOTS. IN THE LONG RUN THIS WILL DO OUR COMMUNITY GREAT HARM.

Mayor Garcia: THANK YOU, MR. ROBBINS, JENNIFER O'DONNELL.

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER?

Slusher: I JUST WANTED TO SAY THAT I THINK IT'S FAIRLY INTELLIGENT POLICY TO BUY POWER PLANTS WITH CASH AND NOT INCUR DEBT AND INTEREST PAYMENTS.

Mayor Garcia: AND IT'S CONSISTENT WITH THE POLICIES OF THE COUNCIL TO IMPROVE OUR DEBT TO EQUITY RATIOS. MS. JENNIFER O'DONNELL? THAT'S ALL OF THE SPEAKERS THAT WE HAVE UNDER CITIZENS COMMUNICATION. BEFORE WE GO INTO THE REGULAR AGENDA, THERE'S A 2:00 TIME CERTAIN. THERE'S 2:00 -- TWO 2:00 TIME CERTAINS. SO WE WILL GO TO THE FIRST ONE. AND TO DO THAT, I WILL RECESS THE MEETING OF THE AUSTIN CITY COUNCIL AND CALL TO ORDER THE 2:00 TIME CERTAIN BOARD OF DIRECTORS MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION AND WE HAVE THREE ITEMS. MR. HILGERS, WELCOME, SIR.

MAYOR GARCIA, BEFORE YOU GO INTO AHFC, WE NEED TO APPROVE ITEM 28 ON THE AGENDA.

Mayor Garcia: ITEM 28 ON THE AGENDA? MR. HILGERS SAID THAT WE COULD APPROVE THAT AFTER WE DID THE MEETING. DO WE HAVE TO DO IT BEFORE?

UM ... I THINK IT WOULD BE -- I THINK WE CAN DO IT EITHER WAY. WE CAN -- WE CAN VOTE THIS CONTINGENT UPON THE PASSAGE OF ITEM 28.

Mayor Garcia: LET ME ASK THE CITY CLERK. IS THAT WHAT THE LAW DEPARTMENT TOLD YOU?

Clerk Brown: THAT'S THE -- WHAT THE CITY MANAGER'S OFFICE TOLD ME.

Futrell: PAUL, YOU WILL BE THE ONE WHO WOULD BE ADVISING US ON IT. ARE YOU SAYING THAT THE TELLS FROM THE AUSTIN HOUSING FINANCE CORPORATION ARE CONTINGENT ON ITEM 28 THIS FUNDING BEING PASSED?

THEY ARE CONNECTED, YES, THAT'S CORRECT.

Futrell: THEN IT SOUNDS LIKE WE PROBABLY SHOULD GO BACK TO ITEM 28 BEFORE WE CONVENE OR DO YOU HAVE A DIFFERENT WAY YOU WANT TO HANDLE IT?

Mayor Garcia: THE FACT THAT THEY ARE CONNECTED DOES NOT MEAN THAT WE HAVE TO TAKE IT BEFORE. IF ITEMS FROM THE AUSTIN HOUSING FINANCE CORPORATION ARE CONTINGENT --

YES, SIR.

Futrell: THAT'S RIGHT.

Mayor Garcia: ARE THEY CONTINGENT. ALL RIGHT. LET ME RECESS THE AUSTIN HOUSING FINANCE CORPORATION ITEM AND -- MEETING AND RECONVENE THE COUNCIL MEETING OF REGULAR COUNCIL MEETING OF AUGUST 29TH AND I WILL ENTERTAIN A NOTHING AND -- WELL, MR. HILGERS, IF YOU COULD MAKE A PRESENTATION, ITEM NO. 28.

THIS IS A VERY BRIEF PRESENTATION, I'M SORRY FOR THE CONFUSION ON THIS. THIS ITEM IS TO APPROVE THE NEGOTIATION AND EXECUTION OF AN AMENDMENT TO THE 2001-2002 CONTRACT WITH THE AUSTIN HOUSING FINANCE CORPORATION BY INCREASING THE CONTRACTED AMOUNT IN AN AMOUNT NOT TO EXCEED $1 MILLION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE TOTAL CONTRACT AMOUNT FOR THE AUSTIN HOUSING FINANCE CORPORATION AS A WHOLE OF $14,149,319. THIS IS A TRANSACTION AS WILL THE TWO ACTIONS WITH THE AHFC ITEMS COMING UP THAT FINALIZE THE TRANSACTIONS THAT WERE PASSED AS PART OF THE REPROGRAMMING DONE ON AUGUST THE FIRST BY THIS COUNCIL. THIS SIMPLY CODIFIES THIS INTO OUR CONTRACT LANGUAGE, THAT'S THE PURPOSE OF BRINGING THIS BEFORE YOU TODAY.

I WILL ENTERTAIN A MOTION ON ITEM NO. 28.

Thomas: SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS, IS THERE A SECOND? SECONDED BY THE MAYOR PRO TEM. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO ZERO. NOW, LET ME RECESS THE REGULAR MEETING OF THE AUSTIN CITY COUNCIL AGAIN. [ LAUGHTER ] AND GO INTO THE 2:00 P.M. BOARD OF DIRECTORS MEETING OF THE AUSTIN HOUSING FINANCE CORPORATION. I WILL CALL THE MEETING TO ORDER AT THIS TIME AND GO TO ITEM AHFC 1. APPROVAL OF THE MINUTES FOR THE AUSTIN HOUSING FINANCE CORPORATION. SPECIAL CALLED MEETING OF JULY 18TH. ARE THERE ANY CHANGES OR CORRECTIONS? IS THERE A MOTION TO APPROVE?

SO MOVE.

MOTION BY COUNCILMEMBER THOMAS. IS THERE A SECOND? SECONDED BY THE MAYOR PRO TEM. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.?

AYE.

Mayor Garcia: OPPOSED, NO. MOTION CARRIES WITH ALL DIRECTORS VOTING AYE.

THANK YOU, MR. PRESIDENT, AGAIN I APOLOGIZE FOR THE CONFUSION. AGAIN THIS -- THESE TWO ACTIONS, AHFC ITEMS 2 AND 3 I BELIEVE CAN BE TAKEN TOGETHER BECAUSE THEY ARE -- THEY ARE ADDRESSING THE SAME ISSUE AND THESE ARE SEEKING APPROVAL TO MAKE THE AMENDMENTS NECESSARY TO THE CONTRACT BETWEEN THE NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT AND THE AUSTIN HOUSING FINANCE CORPORATION TO IMPLEMENT THE REPROGRAMMING THAT WAS APPROVED ON AUGUST THE 1ST. THAT REPROGRAMMING INCLUDED AN AMOUNT NOT TO EXCEED $1 MILLION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR USE IN THE ACQUISITION AND DEVELOPMENT PROGRAM FOR A TOTAL CONTRACT AMOUNT FOR THE AUSTIN HOUSING FINANCE CORPORATION NOT TO EXCEED $14,149,319. IT ALSO INCLUDES APPROVING THE AMENDMENT THAT WOULD ALLOW, EXCUSE ME, FOR INCREASING THE GRANTS PROCEEDS LINE ITEM BY AN AMOUNT EQUAL TO $1 MILLION INCREASING THE ACQUISITION DEVELOPMENT PROGRAM LINE ITEM BY AN AMOUNT EQUAL TO $2,017,000 AND DECREASING THE HOME OWNER MODERATE -- 2,170,000, BY AN AMOUNT TO EQUAL 770,000 AND DECREASING THE RENTAL ACQUISITION AND DEVELOPMENT PROGRAM LINE ITEM BY AN AMOUNT EQUAL TO $400,000. BY WAY OF CLARIFICATION, ALL OF THESE ACTIONS WENT THROUGH OUR FORMAL PUBLIC HEARING PROCESSES THAT WE ARE REQUIRED TO DO FOR REPROGRAMMING. AND AGAIN THIS JUST FINALIZES THAT TRANSACTION INTO CONTRACT FORM. CONTRACT LANGUAGE. WITH THAT I WILL ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

Mayor Garcia: WHAT WE ARE DOING HERE, PARTICULARLY WITH ITEM NO. 3, IS IN THE LINE ITEM FOR HOME OWNER MODERATE REHABILITATION PROGRAM, WE HAD SOME MONEY LEFT OVER AND NOW WE WANT TO MOVE IT SO WE CAN ACQUIRE MORE PROPERTY THAT WE CAN USE TO DEVELOP SINGLE FAMILY HOMES.

YES, SIR, THAT'S CORRECT.

THE SAME THING WITH THE 400,000 THAT IS COMING FROM RENTAL ACQUISITION AND DEVELOPMENT. I GUESS THAT'S BECAUSE THERE'S ENOUGH RENTAL UNITS AND WE NEED MORE ACQUISITION UNITS.

YES, SIR. THE REQUEST IS BEING MADE BECAUSE THERE'S A HIGHER USE FOR ACQUISITION AND DEVELOPMENT PROGRAM AT THIS POINT THAN THERE ARE FOR THESE OTHER TWO PROGRAMS IN THE WAY WE ARE FINISHING OUR BUSINESS PLANS, THAT'S CORRECT.

Mayor Garcia: THAT COMES FROM WHAT LINE ITEM?

YOU WILL RECALL IN THE MILLION DOLLAR, THE -- THE MILLION DOLLARS IS COMING FROM THE REPROGRAMMING FROM THE HOMELESS SHELTER THAT WE SET ASIDE AS A CONTINGENCY. SINCE WE RECEIVED THE ONE MILLION FROM THE HOMELESS SHELTER IT WOULD --

Mayor Garcia: IT WOULD [MULTIPLE VOICES] OKAY. QUESTIONS FOR MR. HILGERS. IF NOT, I WILL ENTERTAIN A MOTION ON AHFC 2 AND 3 TOGETHER. MOTION BY DIRECTOR DUNKERLY. IS THERE A SECOND? SECONDED BY DIRECTOR THOMAS. DISCUSSION? IF NOT ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED NO. MOTION CARRIES ON A VOTE OF 7 TO 0. THOSE ARE ALL OF THE ITEMS THAT WE HAVE FOR THE BOARD MEETING OF THE HOUSE HOUSE. I WILLENT -- OF THE AUSTIN HOUSING FINANCE CORPORATION. I WILL ENTERTAIN A MOTION TO ADJOURN.

SO MOVE.

MOTION BY COUNCILMEMBER THOMAS. I MEAN DIRECTOR THOMAS. SECONDED BY DIRECTOR DUNKERLY. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 7 TO 0. WE ARE ADJOURNED. WE NOW WILL CALL THE 2:00 TIME CERTAIN ITEM FOR THE SALE OF BONDS. AND WE HAVE THE CITY MANAGER HERE WHO WILL INTRODUCE THE TOPIC.

WELL, I THINK WE HAVE SOME GOOD NEWS, I'M GOING TO TURN IT STRAIGHT OVER TO MR. NEWMAN.

GOOD AFTERNOON, MAYOR AND COUNCIL, CITY MANAGER, MY NAME IS BILL NEWMAN WITH PUBLIC FINANCIAL MANAGEMENT. WE SERVE AS FINANCIAL ADVISOR TO THE CITY. YOU HEARD ME SAY BEFORE THAT I ENJOY SELLING THE CITY OF AUSTIN GENERAL OBLIGATION BONDS BECAUSE THEY ALWAYS SELL SO WELL. TODAY IS CERTAINLY NO EXCEPTION. YOU HAVE SOME GREAT BIDS. ART [INAUDIBLE] WITH THE TREASURY DEPARTMENT IS PASSING OUT SOME BOOKS, I WILL GO THROUGH THEM IN THE INTEREST OF TIME VERY QUICKLY. WHAT WE ARE LOOKING AT ON ITEM 18 IS THE SALE OF 99,615,000 IN PUBLIC IMPROVEMENT BONDS. ITEM 1,934,095,000 IN CERTIFICATES OF OBLIGATION, NUMBER 208,690 DHOW IN FINANCE CONTRACTUAL OBLIGATIONS. THIS IS A COMPETITIVE SALE. YOUR BOND COUNCIL IS HERE WITH US TODAY. THE SALE WAS HANDLED THIS MORNING, ALL THREE SALES WERE HANDLED THIS MORNING. ELECTRONICALLY VIA THE INTERNET. IF YOU LOOK ON PAGE 4, YOU SEE THAT VOLUME HAS REMAINED HIGH. AS YOU KNOW THE STOCK MARKET HAS PROBLEMS, THE BOND MARKET DOES WELL. IT'S BEEN A BIG FLIGHT TO QUALITY, THIS WEEK HAS BEEN NO EXCEPTION. IN FACT THIS MONTH HAS BEEN NO EXCEPTION. NEGOTIATED SALES NORMALLY REPRESENT A LOT OF REFUNDINGS IN THE MARKET, THAT WAS THE CASE HERE. COMPETITIVE SALES HAS NOT BEEN QUITE AS PREDOMINANT AS THOSE. YOU SEE ON PAGE 5 THAT WE HAD SOME ECONOMIC NEWS COME OUT TODAY. JOBLESS CLAIMS FOR THE WEEK ROSE SLIGHTLY BY 8,000 TO 403,000, THE SECOND QUARTER GROSS DOMESTIC PRODUCT ROSE 1.1%. CITY OF AUSTIN WAS FEATURED IN THE MUNICIPAL POSTING TODAY ON THE 800 MILLION BOND SALE IN FACT. PERHAPS THE MOST SIGNIFICANT PAGE IN THIS BOOK IS PAGE 6. I WANT YOU TO LOOK AT THE TREASURY INDEX AND THE BOND INDEX FOR GENERAL OBLIGATION BONDS. WHICH AT 20 YEARS FOR A DOUBLE A CREDIT, GO INDEX IS A 4.87. TREASURY INDEX IS A 4.86. TALK ABOUT YOUR GENERAL OBLIGATION SALE, 99,615,000 SALE, NUMBER 18. THE BEST RATE THAT YOU GOT WAS A 4.38. NET EFFECTIVE INTEREST COSTS AND WE WOULD RECOMMEND APPROVAL ON THAT -- ON THAT PARTICULAR INTEREST RATE. THE COS, ALSO 20 YEARS IN LENGTH RECEIVED A NET EFFECTIVE INTEREST RATE OF 4.46. THE REAL STINGER WAS THE CONTRACT PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS WHICH WAS A SHORTER MATURITY RECEIVED AN INTEREST RATE OF 3.03%. NOW, YOU HEAR ME BRAG ABOUT YOUR SALES A LOT, I CATCH GRIEF FROM YOUR TREASURER ABOUT THAT, BUT I TELL YA, I WENT BACK AND LOOKED AT YOUR PAST SALES. THIS IS IN FACT THE LOWEST TRUE INTEREST COST THAT YOU HAVE EVER RECEIVED ON A PUBLIC IMPROVEMENT BOND SALE AT 4.38%. THE NEXT LOWEST WAS LAST YEAR AND IT WAS AT 4.63. THIS IS ALSO THE LOWEST INTEREST RATE THAT YOU HAVE EVER RECEIVE ODD A PPFC, THE BEST LOWEST THAT YOU HAD WAS ALSO LAST YEAR, IT WAS 3.5, THIS YEAR IT'S 3.03. SO CONGRATULATIONS. AND AGAIN I WOULD BE REMISS IF I DIDN'T THANK DENNIS AND ART, VICKI, AND JOHN STEVENS FOR HELP WITH THIS.

Mayor Garcia: DID THE NEWS THAT COUNCILMEMBER DUNKERLY JOINED THE COUNCIL AFFECT THIS -- [ LAUGHTER ]

ACTUALLY THE BIDDER ON THE PBFC SAID SPECIFICALLY IT WAS BECAUSE OF HER. [ LAUGHTER ]

Mayor Garcia: THESE SOLD BETTER THAN DOUBLE A --

YOUR DOUBLE AGO'S ALSO SELL AT A TRIPLE A INSURED LEVEL. LIGHTLY BETTER TODAY IN THE CASE OF GENERAL OBLIGATION BONDS. TWO TRIPLE A STATE ISSUES, ONE OF WHICH WAS A NATIONAL TRIPLE A MEANING YOU SOLD THROUGH THEM, BETTER THAN THEY DID. QUESTIONS FOR MR. NEWMAN.

Slusher: I WAS WONDERING HOW IT AFFECTED THE BONDS RATING WHEN YOU TOOK OVER, TOO? [ LAUGHTER ]

Mayor Garcia: WELL, I HAVE BEEN HERE BEFORE AND WE HAVEN'T DONE THIS WELL. ANYWAY, I WILL ENTERTAIN A MOTION ON ITEMS -- DO WE HAVE TO CONSIDER EACH ONE? CITY MANAGER, WHAT YOU MEAN WANT TO DO IS EXPLAIN WHAT WE WANT TO DO WITH THE CO DOLLARS BECAUSE THE OTHER ONE IS EQUIPMENT, THE CONTRACTUAL OBLIGATION IS TO -- THE CO'S ARE PROBABLY USED FOR --

Futrell: I WILL LET JOHN GIVE YOU BETTER DETAIL AND SEDORA WHETHER OR NOT WE CAN TAKE THESE ITEMS ALTOGETHER OR SEPARATELY.

TOGETHER.

WE NEED TO TAKE THEM SEPARATELY. CITY MANAGER. AND TO EXPLAIN THE DIFFERENCE IN THOSE, THE -- THE -- THE CONTRACTUAL OBLIGATIONS THAT MR. NEWMAN WAS TALKING ABOUT IS A SHORTER TERM DEBT -- YES, TYPICALLY A 7 YEAR DEBT SOLD FOR EQUIPMENT.

Mayor Garcia: THE ONES ON NUMBER 19, THE ONES FOR CERTIFICATES OF OBLIGATION?

THOSE CERTIFICATES OF OBLIGATION, THE SINGLE LARGEST ITEM THAT WE SOLD IN THE CERTIFICATES WAS THE NEW CITY HALL. WE SOLD 18.8 MILLION FOR THE NEW CITY HALL.

Mayor Garcia: OKAY. SO -- SO ALL OF THE BAD NEWS THAT YOU HAVE BEEN READING ABOUT 401 K'S AND THE 8 TRILLION-DOLLAR LOSSES THAT THE MARKETS HAVE SUFFERED ARE BENEFITTING US. ISN'T THAT NICE.

AT LEAST WE HAVE SOME WINNERS IN THIS DOWNTURN. I WILL ENTERTAIN A MOTION ON NUMBER 18.

Slusher: SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER SLUSHER. SECONDED BY COUNCILMEMBER WYNN. IS THERE -- IS THERE DISCUSSION ON THIS ITEM? ALL IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES ON A VOTE OF 6 TO 0 TO 1 WITH THE MAYOR PRO TEM TEMPORARILY OFF THE DAIS. I WILL ENTERTAIN A MOTION ON ITEM NO. 19.

Thomas: SO MOVE, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS. IS THERE A SECOND?

SECOND.

SECONDED BY COUNCILMEMBER DUNKERLY. DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED NO. MOTION CARRIES ON A VOTE OF 6 TO 0 TO 1 WITH THE MAYOR PRO TEM TEMPORARILY OFF THE DAIS. ON ITEM NO. 20, I WILL ENTERTAIN A MOTION.

SO MOVE.

Mayor Garcia: MOTION BY COUNCILMEMBER DUNKERLY, IS THERE A SECOND? SECONDED BY COUNCILMEMBER ALVAREZ. DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. MOTION CARRIES ON A VOTE OF 6 TO 0 TO 1. THANK YOU VERY MUCH. GOOD NEWS.

THANK YOU, CONGRATULATIONS ON SOME VERY SUCCESSFUL SALES.

THANK YOU. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS] (TIME 2:30 P.M.) [2:31]

Mayor Garcia: DUE HAVE A CHANGE ON NUMBER 33? THE LIST I HAD --

I DIDN'T READ THAT SINCE WE ALREADY HAD THAT BRIEFING, BUT IN ITEM 3U HAVEHAVE TO ADD SB IN PA REGION THEY S.. DELETEINSERT 26789 AND DELETE PROJECT TRANSITIONS IN AN AMOUNT NOT TO EXCEED $171,178. ITEM 29D, DELETE THE WORDS ZONE TO GO FS 6, TOWNHOUSE AND RESIDENT DISTRICT, AND INSERT AFTER THE WORD "ZONING" SF 6, CO, TOWNHOUSE AND CONDOMINIUM RESIDENT, CONDITIONAL OVERLAY COMBINING DISTRICT ZONING. ITEM 39, I HAVE NEW WORDING, AND THAT IS IN IS NOT ON THE CHANGES AND CORRECTIONS LIST AND IT READS AS FOLLOWS: APPROVE THE CONSTRUCTION MANAGER AT RISK PROCUREMENT PROCESS FOR THE COMPLETION OF THE NEW CITY HALL AND PUBLIC PLAZA PROJECT WITH THE SPECIFIC DIRECTION PROVIDED IN THE RESOLUTION. ITEM 43 HAS BEEN POSTPONED INDEFINITELY. ITEM 60, I BELIEVE COUNCILMEMBER WYNN WANTS TO SAY SOMETHING ABOUT THAT. I'LL KEEP GOING. ITEM 67 IS RECOMMENDED BY THE COUNCIL COMMITTEE FOR TELECOMMUNICATIONS INFRASTRUCTURE. TIME CERTAIN ITEMS, YOU'VE ALREADY HAD CITIZENS COMMUNICATIONS, THE BOND SALES AND YOUR AHFC ITEMS. ZONING ITEMS Z 1 THROUGH Z 5 ARE AT 4:00 P.M. LIVE MUSIC AND PROCLAMATIONS 5:30 P.M. PUBLIC HEARINGS AT 6:00 P.M. ARE ITEMS 64 THROUGH 67. PHYSICIAN

Mayor Garcia: THANK YOU, MS. BROWN. WE WILL NOT HAVE A COUNCIL MEETING -- WE DON'T HAVE THAT CALENDAR RIGHT THERE, SEDORA. THANK YOU. WE WILL NOT HAVE A COUNCIL MEETING AGAIN UNTIL THE -- SEPTEMBER THE 26th. NEXT WEEK'S MEETING IS CANCELLED BECAUSE THAT'S THE LABOR DAY WEEK. THE FOLLOWING WEEK, THE 12th IS CANCELLED BECAUSE WE WILL BE DOING THE BUDGET THAT WEEK. ON THE 9th AND 10th AND 12th 12TH, WE WILL BE HAVING THE FIRST, SECOND AND THIRD READINGS OF THE BUDGET. IF THE COUNCIL WANTS TO CONSIDER MORE THAN ONE READING IN ONE DAY, THEY CAN DO THAT, SO WE COULD CONCLUDE THE APPROVAL OF THE BUDGET BEFORE THE 12th, BUT AT THE PRESENT TIME WE'RE SCHEDULED TO HAVE THE READINGS FIRST ON THE 9th, SECOND ON THE 10th, AND THIRD ON THE 12th. IF IT CHANGES. WE'LL BE BACK HERE ON THE 26 26th. I SUSPECT THAT THERE IS NOTHING THAT WE WANT TO ANNOUNCE REGARDS ITEMS FOR THE 26th AT THIS TIME. IT'S TOO FAR AHEAD.

Futrell: IT'S TOO FAR AHEAD. BUT LET ME ADD A COUPLE THINGS, FOR THE COUNCIL DELIBERATIONS ON THE BUDGET, THOSE WILL START AT 10 A.M. THEY ARE A -- I BELIEVE A MONDAY, TUESDAY AND THURSDAY OF THAT WEEK. THE LOCATION WILL NOT BE HERE AT LCRA. THEY WILL BE LOCATED -- THESE HEARINGS, THESE READINGS WILL BE DONE AT 505 BARTON SPRINGS ROAD ON THE THIRD FLOOR RAINING ROOM, WHICH IS THE ONE TEXAS CENTER BUILDING. THESE ARE FOR COUNCIL DELIBERATIONS ONLY ON FIRST, SECOND AND THIRD READINGS.

Mayor Garcia: WE WILL NOW GO TO THE READING OF THE CONSENT AGENDA.

COUNCIL, THE ITEMS THAT I HAVE ON CONDITION SENT, START WITH -- CONSENT, STARTING WITH 17, ITEMS 21 AND 22 THE MAYOR IS GOING TO READ INTO THE RECORD WHEN WE FINISH THE REST OF THE LIST. ITEM 23 HAS BEEN POSTPONED INDEFINITELY.

Mayor Garcia: THAT WILL BE PART OF THE CONSENT AGENDA.

YES, SIR.

Mayor Garcia: WE WILL TAKE THAT UP AS A CONSENT ITEM POSTPONED INDEFINITELY.

Clerk: 25, 26, 27 WITH THE CHANGES READ EARLIER, ITEM 30 FOR SECOND AND THIRD READING, 33 FOR SECOND AND THIRD READING, 34, SECOND AND THIRD, 35 SECOND AND THIRD, 36 SECOND AND THIRD, 37 SECOND AND THIRD, 38 SECOND AND THIRD. 40, 41, 42, 43 FOR INDEFINITE POSTPONEMENT, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58 --

Mayor Garcia: LET ME ANNOUNCE THAT 58 IS GOING TO BE A TIME CERTAIN ITEM AT 4:30. I THOUGHT THAT THEY HAD NOTIFIED YOU, BUT I GUESS WE DIDN'T MAKE THAT DECISION UNTIL -- COUNCILMEMBER THOMAS, IS THAT -- IS THAT WHAT YOU HAD REQUESTED, 4:30 TIME CERTAIN?

Thomas: YES, SIR. I DIDN'T KNOW WE HAD GOT ALL THE PARTICIPANTS, BUT 4:30 WOULD BE FINE, SIR.

Mayor Garcia: OKAY. WE CAN PUT IT ON CONSENT AND HAVE THE PEOPLE SPEAK AT THAT TIME, BUT THIS IS A THIRD READING SO WE USUALLY DON'T HAVE SPEAKERS ON THIS ONE. THIS WILL BE FOR COUNCIL DISCUSSION. SO 58 IS TIME CERTAIN AT 4:30.

Clerk: 59 --

Alvarez: MAYOR?

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Alvarez: BUT IT'S NOT ON CONSENT.

Mayor Garcia: 58 WILL BE TAKEN UP AT 4:30. I THINK THE MAYOR PRO TEM HAS SOME AMENDMENTS AND THERE'S SOME OTHER DISCUSSION PEOPLE WANT TO HAVE ABOUT THAT PARTICULAR ORDINANCE. BACK TO YOU, MS. BROWN.

Clerk: ITEM 59, 61, --

Mayor Garcia: 60 IS CONSENT FOR INDEFINITE POSTPONEMENT.

Clerk: I'VE BEEN ADVISED BY JOSH THAT COUNCILMEMBER WYNN HAS PULLED IT, BUT THAT WAS WHEN HE WAS OFF THE DAIS.

Mayor Garcia: IS THAT NOT CORRECT?

Wynn: THE MAYOR IS CORRECT. IT'S ON CONSENT FOR POSTPONEMENT.

Clerk: INDEFINITE POSTPONEMENT.

Mayor Garcia: AND THAT WILL COME BACK IN SEPTEMBER, PROBABLY THE 26th, I MAY ANNOUNCE THAT. I'M GOING TO BE SPONSORING THAT.

Clerk: ITEM 61, 62, 68 ARE THE BOARD AND COMMISSION APPOINTMENTS AS FOLLOWS: MAYORS COMMITTEE FOR PEOPLE WITH DISABILITIES, WILLIAM KING BROWN, MAYOR GARCIA'S APPOINTMENT. PARKS AND RECREATION BOARD, MARILYN BOSTICK. YOU ARE BANL TRANSPORTATION COMMISSION, KRISTEN D. FELLEDMAN. ZONING AND PLATTING COMMISSION, STATEY DUKES ROAM, COUNCILMEMBER THOMAS' APPOINTMENT.

Mayor Garcia: ITEM 63 WAS PULLED? WAS THAT PULLED?

Clerk: I UNDERSTOOD THAT IT NEEDED TO BE TAKEN UP AFTER THE 4:00 P.M. PUBLIC HEARING.

Mayor Garcia: OKAY. IS THAT CORRECT, MR. GUERNSEY? MS. GLASCO? THAT ITEM NUMBER 63 WILL BE TAKEN UP AFTER THE 4:00 P.M. ZONING HEARINGS?

Glasco: CORRECTED. THIS IS 4:00 PUBLIC HEARING ON THE ZONING.

Mayor Garcia: IT DOESN'T HAVE A Z BY IT.

Glasco: IT'S PART OF A NEIGHBORHOOD PLAN.

Mayor Garcia: VERY GOOD. THANK YOU. OKAY.

Goodman: MAYOR, CAN I ASK IF YOU PUT ITEM 29 --

Mayor Garcia: MAYOR PRO TEM?

Goodman: I'M SORRY. DID YOU PUT 29 BACK ON?

Mayor Garcia: 29 IS BACK ON CONSENT. AND SO WE CAN ADD THAT TO THE LIST, MS. BROWN.

Clerk: OKAY.

Goodman: AND MAYOR? DO I UNDERSTAND NUMBER 58 NOT TO BE PART OF THE CONSENSUS AGENDA?

Mayor Garcia: 58 IS FOR 4:30. NO? JUST A SECOND. ANOTHER CHANGE TO THE CHANGES AND CORRECTIONS. ITEM 58 IS ON CONSENT AND THE MAYOR PRO TEM WILL BE PRESENTING SOME AMENDMENTS. CORRECT, MAYOR PRO TEM?

Goodman: ONE FRIENDLY AMENDMENT.

Mayor Garcia: ONE AMENDMENT. OKAY.

Alvarez: MAYOR?

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Alvarez: ON 58 THEN, I WOULD LIKE TO PULL IT IF IT'S GOING TO BE ON CONSENT JUST BECAUSE OF CERTAIN ISSUES.

Mayor Garcia: OKAY. SO ITEM 58 IS OFF OF THE CONSENT AGENDA, PULLED BY COUNCILMEMBER ALVAREZ. OKAY. ALL RIGHT. HERE WE GO.

MAYOR, I WAS JUST HANDED A NOTE ABOUT ITEM 34, IF I COULD READ THAT IN. IT SAYS TO APPROVE THE REZONING REQUEST ON SECOND AND THIRD READING WITH AN ADDITIONAL CONDITION PROHIBITING A COCKTAIL LOUNGE USE AS A CONDITIONAL USE.

Mayor Garcia: ON ITEM 34?

Clerk: YES, SIR.

Mayor Garcia: CAN YOU READ THAT AGAIN AND CAN YOU MOVE THE MIKE UP SO PEOPLE CAN HEAR YOU A LITTLE BIT BETTER.

Clerk: ITEM 34, WHICH IS C 14020045, TO APPROVE THE REZONING REQUEST ON SECOND AND THIRD READINGS WITH A -- WITH AN ADDITIONAL CONDITIONAL PROHIBITING -- EXCUSE ME. LET ME START AGAIN. TO APPROVE THE REZONING REQUEST ON SECOND AND THIRD READINGS WITH AN ADDITIONAL CONDITION PROHIBITING A COCKTAIL LOUNGE USE AS A CONDITIONAL USE.

Mayor Garcia: THAT'S PROHIBITING A COCKTAIL LOUNGE? IS THAT IT, MR. GUERNSEY?

THAT'S CORRECT, MAYOR. GREG GUERNSEY. WITH THE APPLICANT BROUGHT TO OUR ATTENTION THEY HAD AN AGREEMENT WITH THE NEIGHBORHOOD ASSOCIATION TO PROHIBIT A COCKTAIL LOUNGE USE THAT COULD POSSIBLY GO IN THE SAME SPACE AS A LIQUOR STORE. SO THEY HAD ASKED IF WE COULD ADD THAT TO THE LIST OF PROHIBITED USES. STAFF HAS NO OBJECTION, AND SO JUST TO MAKE SURE THAT USE WOULD NOT BE PERMITTED IN THE FUTURE IN THE LIQUOR STORE SPACE.

Mayor Garcia: THANK YOU, MR. GUERNSEY AND MS. BROWN.

Futrell: COULD WE GET A CLARIFICATION IN ITEM 31 AND 32 ARE BOTH NOT ON CONSENT.

Clerk: THAT'S CORRECT.

Mayor Garcia: 31 AND 32 ARE NOT ON CONSENT.

Futrell: ALL RIGHT.

Mayor Garcia: 30 IS ON CONSENT.

Clerk: YES, SIR, SECOND AND THIRD READING.

Mayor Garcia: SECOND AND THIRD READING. AND I THINK THAT ON 30, WE HAD ANNOUNCED LAST WEEK THAT THE NEIGHBORHOOD COULD FILE A VALID PETITION IF THEY HAD -- IF THEY SO CHOSE. DID THEY FILE ONE? SUE THERE IS A PETITION, WE LOOKED AT IT, AND IT DID NOT COME OUT TO BE MORE THAN 20%. IT WAS JUST OVER 3%. THERE IS ALSO INFORMATION REQUESTED ABOUT SOME HEALTH INSPECTIONS, AND I THINK --

Mayor Garcia: WE WILL DO THAT WHEN WE GO INTO THE DISCUSSION ITEMS. I MEAN, THE HEALTH DEPARTMENT PEOPLE ARE HERE, I SUSPECT, RIGHT?

THAT'S CORRECT. RIGHT NOW AS I UNDERSTAND THIS IS ON THE CONSENT AGENDA, THOUGH.

Mayor Garcia: WHEN WE HAVE DISCUSSION ON THE CONSENT AGENDA, I WILL CALL ON THE HEALTH DEPARTMENT TO GIVE US THE REPORT ON THE INVESTIGATION THAT THE COUNCIL REQUESTED. OKAY. HERE WE GO WITH THE CONSENT AGENDA. AND THIS IS A NEW FORMAT, COUNCILMEMBERS, SO THE MINUTES WILL BE APPROVED BY -- ON THE CONSENT AGENDA. 17, 21, 22, 23, 24 WILL BE TAKEN UP AFTER EXECUTIVE SESSION. 25, 26, 27, 28 WE ALREADY VOTED ON. 29, 30, 33, 34, 35, 36, 37, 38. 40, 41, 42, 43, 44. AND 43 IS CONSENT TO POSTPONE INDEFINITELY. 46, 47, 48, 49D, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 62. AND ON THE ADDENDUM AGENDA, NUMBER 68 WITH THE APPOINTMENTS THAT WERE READ INTO THE RECORD FOR THE BOARDS AND -- CITY BOARDS AND COMMISSIONS. LET ME SEE IF WE HAVE SOME SPEAKERS ON ALL THOSE ITEMS.

Clerk: MAYOR, ITEM 60 IS FOR AN INDEFINITE POSTPONEMENT.

Mayor Garcia: ITEM 60 IS FOR INDEFINITE POSTPONEMENT, BUT I NEED TO ANNOUNCE THAT I WILL HAVE THAT ON THE SEPTEMBER THE 26th AGENDA AS AN ITEM SPONSORED BY ME, AND I'LL TRY TO GET ANOTHER COUNCILMEMBER -- I THINK WE HAVE TO HAVE TWO COUNCILMEMBERS TO SPONSOR THESE ITEMS. SO FOR NOW IT'S SEPTEMBER THE 26th. CORRECT?

Goodman: MAYOR?

Mayor Garcia: MAYOR PRO TEM.

Goodman: ON ITEM NUMBER 31 --

Mayor Garcia: ITEM NUMBER 31.

Goodman: -- WHICH IS PULLED, I BELIEVE.

Mayor Garcia: 31 IS ON THE CONSENT AGENDA AT THIS TIME.

Clerk: NO, IT'S PULLED.

Mayor Garcia: I'M SORRY, 31 HAS BEEN PULLED.

Goodman: IF COUNCIL WERE TO FEEL COMFORTABLE WITH THIS, WHAT I WOULD SUGGEST WE THINK OF FOR 31 IS A 30-DAY POSTPONEMENT. AND THE REASON THAT I ASK THAT IS BECAUSE SOME OF THE ISSUES THAT I DISAGREE WITH AND CANNOT SUPPORT RELATIVE TO THE LAND USE AND TO SOME OF THE PROVISIONS IN THE NEIGHBORHOOD AGREEMENT IS IF EVERYBODY IS COMFORTABLE WITH THAT, THAT MIGHT BE A CONSENSUS ITEM ON 31.

Mayor Garcia: IT WOULD BE AN AUTOMATIC 28-DAY BECAUSE THE EARLIEST COUNCIL MEETING WE HAVE IS FOUR WEEKS FROM NOW. SO YOU WANT TO PROPOSE A POSTPONEMENT TO THE 26th OF SEPTEMBER?

Goodman: IF THERE WAS CONSENSUS ON THAT.

Mayor Garcia: OKAY. SO ITEM NUMBER 31, AT THE REQUEST OF THE MAYOR PRO TEM, WILL BE POSTPONED TILL THE 26th OF SEPTEMBER. AND THAT WILL BE DONE BY CONSENT. SO ITEM 31 IS ADDED TO THE CONSENT AGENDA.

[INAUDIBLE].

Mayor Garcia: YES, WE HAVE TO. I'M GOING TO READ INTO THE RECORD FOR ITEMS 21 AND 22, WHICH ARE BOTH CONSENT ITEMS, I'M GOING TO READ THE RESOLUTIONS, BECAUSE THE ITEMS THAT ARE POSTED DON'T HAVE THE MONEY PART. ON ITEM NUMBER 21, BE IT RYE SOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN THAT THE CITY COUNCIL AUTHORIZES THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND SCOOT A CONTRACT TO CONTRACT TO PURCHASE APPROXIMATELY 192 ACRES IN FEE SIMPLE LOCATED ON JOHNNY MORRIS ROAD FROM INDUSTRIAL GROUP, BL BATCHFORD, IN AN AMOUNT NOT TO EXCEED 5,100,000, AND THIS IS FUNNED BY THE GREEN WAY DESTINATION PARKS BOND FUND. THIS ONE SAYS BOND BOND, BUT IT'S BOND FUND. FOR THOSE OF YOU THAT LIVE IN THE EASTERN PART OF THE CITY, THE DREAM OF COUNCILMEMBER GRIFFITH WAS TO HAVE THAT GREEN NECKLACE ALL AROUND THE CITY. SO IF YOU ARE LISTENING, COUNCILMEMBER GRIFFITH, WE'RE CARRYING OUT YOUR WISHES. ITEM 22, THE CITY COUNCIL AUTHORIZE THE CITY MANAGER FOR DESIGNEE TO NEGOTIATE OR EXECUTE A CONTRACT TO PURCHASE A RESIDENTIAL LOT AND HOUSE IN FEE SIMPLE LOCATED IN CEDAR BROOK COURT FROM JOE ZINER AND MORGAN CRAWL IN AMOUNT NOT TO EXCEED $183,240, AND THIS IS FUNDED AGAIN BY THE GREEN WAYS DESTINATION PARKS BOND FUND THAT WAS PASS UNDERSTAND NOVEMBER OF 1998. AND EVEN THOUGH THE LOTS ARE SMALL, THEY CONNECT THAT GREEN WAY AND THAT GROUP OF PARKS. OKAY. WE HAVE ON ITEM NUMBER 30, WHICH IS A CONSENT ITEM, WE HAVE EMMA HANNA, AND SHE HAS BEEN GIVEN TIME BY TOM HANNA, SO SHE HAS SIX MINUTES.

GOOD AFTERNOON. I'M SORRY, I WAS SOMEWHERE ELSE WHEN YOU SAID THAT. I'M BACK AGAIN TODAY WITH REGARD --

Mayor Garcia: I'M NOT THAT OLD SO DON'T BE TELLING THAT TO ME.

WITH REGARD TO THE PROPOSED REZONING ON PERRY ROAD, 4604 TO 4610. LAST WEEK WE WERE GIVEN OPPORTUNITY TO PRESENT ADDITIONAL SURVEY. WE, OF COURSE, WE DON'T HAVE THE MANPOWER OR THE FINANCES, AND WE ARE MET WITH SOME LANGUAGE CONSTRAINTS IN OUR COMMUNITY. WE HAVE MANY RESIDENTS MONTH DO NOT SPEAK ENGLISH, AND UNFORTUNATELY WE DON'T HAVE ANYONE WHO ATTENDS OUR NEIGHBORHOOD ASSOCIATION MEETINGS WHO IS WILLING TO GO TO INTERPRET FOR US. SO DUE TO THAT FRUSTRATION AND LACK OF HELP, WE DID NOT OBTAIN ANY ADDITIONAL SURVEY MATERIAL. WHAT I WOULD LIKE TO SAY IS THAT THE RESIDENTS IN THE NEIGHBORHOOD HAVE A NUMBER OF CONCERNS. THOSE CONCERNS LIE LARGELY WITH, AS YOU KNOW, AS WE TALKED ABOUT LAST WEEK, HEALTH ISSUES, TRAFFIC, AND THE SIMPLE FACT THAT WE ARE INUNDATED WITH GROCERY-TYPE STORES IN OUR NEIGHBORHOOD. WITHIN A MILE RADIUS, WE HAVE EIGHT NOT COUNTING SAM'S AND WAL-MART, WHICH ALSO CARRY, YOU KNOW, FOOD PRODUCTS. ALTHOUGH WAL-MART DOESN'T HAVE MEAT, THEY HAVE A FEW CANNED GOODS, BREAD, MILK, THAT SORT OF THING. WE JUST FEEL WE'RE OVERRUN WITH THAT, AND WE WOULD REALLY LIKE TO HAVE THAT ZONING LEFT AS L.O., BECAUSE WE REALLY WOULD LIKE TO ATTRACT BUSINESSES THAT PERHAPS WOULD BRING SOMETHING NEW TO OUR COMMUNITY. WE HAVE ENOUGH PLACES TO BUY WINE, LOTTERY TICKETS, BEER, CIGARETTES AND NEWSPAPERS AND THINGS LIKE THAT. WE WOULD LIKE TO HAVE DRY CLEANERS BECAUSE WE DO DRY CLEAN OUR CLOTHES. WE WOULD LIKE TO HAVE A DOCTOR OFFICE IF THAT WERE EVER POSSIBLE BECAUSE, YOU KNOW, WE DO HAVE NEED FOR THOSE FACILITIES IN THAT AREA. WE ARE -- WHEN WE WENT TO NEIGHBORHOOD PLANNING AND REZONING -- AND I WOULD LIKE TO STATE THIS FOR THE RECORD, I CANNOT BELIEVE THAT THEY WOULD -- THAT CITY STAFF WOULD THINK WHEN THE NEIGHBORHOOD COMMUNITY SAID THEY WANTED MARKETS IN THE VICINITY WE LIVE IN, THAT THEY WOULD THINK WE MEANT A MARKET LIKE THAT. WE MEAN A ALBERT SON'S, A H.E.B. WE WANT A GROCERY STORE. THAT'S WHAT WE WERE TRYING TO GET ACROSS IN THE NEIGHBORHOOD PLANNING. AND I WAS PRESENT AT THAT MEETING, AND I THINK THAT WAS MADE PRETTY CLEAR BECAUSE THEY ARE OUTSIDE OUR SPECIFIC BOUNDARIES, AND WE HAVE THE LAND. NO ONE WILL COME, THOUGH. THEY WANT TO PUT APARTMENT COMPLEXES AND THAT SORT OF THING. SO WE WOULD REALLY LIKE TO LEAVE IT L.O. SIMPLY BECAUSE WE DO WANT TO ATTRACT BUSINESSES OF OTHER TYPES TO OUR NEIGHBORHOOD. WE DON'T HAVE ANYTHING AGAINST THE MARKET, PER SE, BUT WE DO -- WE DO HAVE A GREAT ISSUE WITH TRUTHFULNESS, AND I WOULD -- I WOULD HATE TO THINK THAT THE WAY THEY DO BUSINESS IS THE WAY THEY PORTRAY THEIR COMPANY AND THE WAY THEY COMMUNICATE WITH THE CITIZENS WHO TOLD ME THAT THEY WERE GIVEN INFORMATION THAT WAS NOT TRUE. THAT I SENT THE SURVEYORS AND I DID NOT SEND THE SURVEYORS. WE SIMPLY ASKED THEM TO, YOU KNOW, LET US KNOW WHICH NEIGHBORS WERE HOMEOWNERS AND WHICH NEIGHBORS WERE RESIDENTERS. AND WE DIDN'T REALLY EVEN ASK FOR THAT. WE SIMPLY MADE THE STATEMENT THAT WE DIDN'T KNOW, YOU KNOW, WHO RENTED AND WHO OWNED. BECAUSE AS YOU KNOW, WHEN YOU OWN, YOU HAVE A VESTED SCB IN PROPERTY AND -- INTEREST IN PROPERTY AND WHAT GOES AROUND IT, BECAUSE RENTERS CAN LEAVE WHENEVER THEY WANT TO, WHENEVER THEIR LEASE SUBPOENA, THEY CAN GO. HOMEOWNERS ARE THERE FOR THE LONG HAUL UNTIL WE SELL OUR PROPERTY. AND IF THE SURROUNDING OF YOUR PROPERTY IS NOT WHAT PEOPLE WANT TO LIVE AROUND, THEN YOU HAVE DIFFICULTY SELLING YOUR HOME. ON A NOTE ON THE HEALTH ISSUE WE HAVE IS THAT I BELIEVE MR. WHEN WHITLEY THAT LA HACIENDA PASSED EVERY HEALTH INSPECTION THEY HAD. KXAN HAS 19 HITS ON THEIR WEBSITE. LA HACIENDA PASSED ONE INSPECTION IN 2,000. ALL THE OTHER SUBSEQUENT INSPECTIONS WERE FAILED ON FIRST TIME OUT. NOT ONE WAS PASSED. EXCEPT THAT ONE IN 2000. AND I HAVE THAT INFORMATION IF YOU WANT TO SEE IT. I'M SURE IT'S AVAILABLE TO YOU. BUT, YOU KNOW, WE HAVE A REAL ISSUE WITH THAT. I DON'T THINK ANYBODY IN THE NEIGHBORHOOD WOULD BALK AT HAVING A H.E.B.-TYPE STORE, A FRESH-PLUS. THAT'S WHAT WE HAD IN MIND WHEN WE SAID WE WOULD LIKE TO HAVE A SUPERMARKET IN THE AREA. BUT WE'RE CONCERNED. WE WOULD LIKE TO HAVE FRESH, WHOLE SOME FOODS DELIVERED IN AN ACCEPTABLE MANNER FOR OUR NEIGHBORS TO CONSUME. AND AS I SAID, I HAVE THAT INFORMATION I GATHERED AVAILABLE IF YOU WOULD LIKE TO SEE IT. [BUZZER SOUNDING] THANK YOU.

Mayor Garcia: THANK YOU, MS. HANNA. ON ITEM NUMBER 33, LINDA FINALLY IS REGISTERED NOT WISHING TO SPEAK AND IN FAVOR OF. FOR THOSE OF YOU HERE ON ITEM NUMBER 31, THAT ITEM HAS BEEN POSTPONED OR WILL BE POSTPONED WHEN THE COUNCIL TAKES ACTION TO SEPTEMBER THE 26th. SO WE WILL HOLD YOUR CARDS, AND IF MORE OF YOU WANT TO SPEAK AT THE TIME THAT IT COMES UP, I'LL GO AHEAD AND -- GO AHEAD AND SIGN UP, BUT FOR NOW I'M NOT GOING TO CALL YOU BECAUSE YOUR ITEM IS BEING POSTPONED.

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER SLUSHER.

Slusher: BEFORE WE HAVE ANY MORE SPEAKERS ON THE CONSENT AGENDA, IMENTD TO ADD AN AMENDMENT TO -- I WANTED TO ADD AN AMENDMENT TO 38.

Mayor Garcia: 38 IS THE GRAND OAKS P.U.D.

Slusher: YEAH. THAT ONE IS ADJACENT TO THE LONGHORN PIPELINE. AND I KNOW WHEN WE HAD THE STRATUS CASE, WITH SOME OF THOSE TRACTS WERE ADJACENT TO LONGHORN PIPELINE, THERE WAS INTENSE AMOUNT OF DISCUSSION ABOUT THAT, BUT -- AND NOBODY HAS BROUGHT THIS UP AT ALL ON THIS CASE. BUT -- AND I KNOW THAT THE APPLICANTS HAD BEEN WORKING WITH THE FIRE DEPARTMENT, AND THIS HAS A 150-FOOT SETBACK FROM THE PIPELINE, WHICH IS WHAT SIMILAR -- OR THE SAME AS THE STRATUS DEAL. I THINK ONE THERE HAD 150, ONE TRACT HAD 175. AND ALSO AS PART OF THE STRATUS AGREEMENT, IT WAS -- THEY WERE INSTRUCTED TO WORK WITH THE FIRE CHIEF ON ANYTHING WITHIN 400 FEET OF THE PIPELINE, AND THE FIRE CHIEF WOULD HAVE FINAL APPROVAL ON WHAT IS BUILT WITHIN THAT SEGMENT OF 400-FOOT. SO I WOULD LIKE TO ADD THAT AS AN AMENDMENT.

Mayor Garcia: OKAY.

Slusher: AND CHIEF WARREN, IS THAT CORRECT?

YES. THE PROPOSED ORDINANCE THAT I TALKED ABOUT SEVERAL COUNCIL MEETINGS BACK INCLUDED CONSIDERATION FOR SUBDIVISIONS, THAT THE SUBDIVISION PLAT WOULD BE REVIEWED UNDER THAT ORDINANCE IF IT WAS EXTENDED WITHIN THE 400 FEET FROM THE PIPELINE.

usher: AND YOU WOULD LIKE TO LOOK AT THE WHOLE SUBDIVISION AND YOU WOULD HAVE FINAL SAY WITHIN 400 FEET OF THE PIPELINE. YOU DON'T WANT TO LOOK AT EACH INDIVIDUAL LOT.

AFTER ASKING FOR FIRE DEPARTMENT REVIEW ON THE WHOLE SUBDIVISION AND PRECAUTIONS TAKEN FOR THE SUBDIVISION.

Slusher: I WOULD ADD THAT AS A FRIENDLY AMENDMENT, MAYOR.

Mayor Garcia: OKAY. THOSE OF YOU THAT MAKE THE MOTION ON THE CONSENT AGENDA, PLEASE CONSIDER THAT THAT -- THAT ITEM HAS BEEN AMENDED. OKAY.

Slusher: MAYOR, WOULD YOU ALSO SHOW ME ABSTAINING ON 29. THAT'S THE ONE THAT IS NEAR MY HOME.

Mayor Garcia: ITEM 29, COUNCILMEMBER SLUSHER ABSTAINING. [CHANGE IN CAPTIONERS; TIME: 3:01 P.M.] (TIME: 3:02 P.M.)

WYNN: ... A RELATIVELY OBVIOUS LOCATION FOR THAT, THEIR PREFERRED LOCATION WOULD BE SOMEWHERE NEAR THE BUFORD TOWER THERE ON CESAR CHAVEZ AT COLORADO. IT'S ACTUALLY FOR YEARS AND YEARS THAT WAS THE OLD FIREFIGHTER TRAINING TOWER. BUT WHAT THIS RESOLUTION DOES, THOUGH, IS JUST -- HAS THE CITY MANAGER, CITY STAFF ESSENTIALLY HELPING THE FIREFIGHTERS GO THROUGH THE PROCESS, WHICH WILL INCLUDE ALL OF THE BOARD AND COMMISSIONS THAT ARE APPROPRIATE FOR THAT LOCATION. YOU KNOW, PARKS BOARD ALWAYS HAS OVERSIGHT OVER THE TOWN LAKE HIKE AND BIKE TRAIL, PERHAPS ARTS COMMISSION OR DOWNTOWN COMMISSION, BUT -- BUT ALTHOUGH THE BUFORD TOWER IS IDENTIFIED IN THE RESOLUTION, IT'S CLEARLY CONTINGENT UPON BOARD AND COMMISSION REVIEW OF THAT PROPOSAL. AND THE IDEA HERE BEING THAT THE FIREFIGHTERS WOULD LIKE TO USE THE -- THE SEPTEMBER 11TH ANNIVERSARY COMING UP AS A WAY TO PROBABLY KICK-OFF SOME FUNDRAISING FOR THAT -- FOR THAT PRIVATELY FUNDED MEMORIAL. THANK YOU.

Mayor Garcia: THANK YOU, COUNCILMEMBER. ON ITEM NO. 30, WE HAD ASKED THE HEALTH DEPARTMENT TO -- TO INSPECT THE STORES THAT ARE RUN BY HACIENDA AND MR. DAVID LOWRY IS HERE TO REPORT ON THOSE VISITS.

YES, MAYOR, COUNCILMEMBERS. AS PER YOUR REQUEST, WE DID CONDUCT AN INSPECTION, YOU SHOULD HAVE A COPY OF THIS REPORT IN YOUR AGENDA MATERIAL. I WILL READ EXPERTS FROM IT. ON OCTOBER -- EXCERPTS FROM IT. ON OCTOBER 26TH THE SUPERVISOR DID INSPECT THE LA HACIENDA MARKETS LOCATED AT 9717 NORTH LAMAR BOULEVARD. THE NORTH LAMAR LOCATION HAS A RETAIL STORE WITH A MEAT MARKET AND A DELI TYPE OF OPERATION IN THE STORE. THE STORE AND DELI ARE SEPARATELY PERMITTED, SO EACH WAS INSPECTED. THE DELI OPERATION SCORED A 78 AND DID NOT HAVE A CERTIFICATE FOR A CERTIFIED FOOD MANAGER. THE RETAIL OPERATION AND MEAT MARKET SCORED A 74, AND ALSO DID NOT HAVE A CERTIFIED FOOD MANAGER ON STAFF. THE ITEMS REQUIRING CORRECTION WERE CORRECTED IMMEDIATELY AND THE MANAGER WAS GIVEN A CONTACT PHONE NUMBER TO SCHEDULE FOR THE EMPLOYEES TO TAKE THE FOOD MANAGER TEST. WHEN THE ESTABLISHMENT -- LET'S SEE, PRIOR TO THE INSPECTIONS OF THIS LOCATION, TO THIS INSPECTION, THE -- THIS SITE WAS ALSO INSPECTED IN JANUARY OF '02. AND BOTH THE DELI AND MEAT MARKETS SCORED BELOW 70 AT THAT TIME. WHEN AN ESTABLISHMENT SCORES BELOW 70, A REINSPECTION AFTER 10 DAYS IS REQUIRED AND MUST BE PAID FOR BY THE ESTABLISHMENT. THE DELI AND MEAT MARKET SCORED ABOUT 70 TO THE SECOND REINSPECTION. THE SECOND LA HACIENDA LOCATION IS AT 2410 EAST RIVERSIDE. THIS SITE WAS INSPECTED ON AUGUST 20 OF '02 AND SCORED A 71. 71 WATT THE RECORDED SCORE. -- WAS THE RECORDED SCORE. PREVIOUS INSPECTION WAS DONE ON JANUARY 16TH OF '02, A SCORE OF 61 PROMPTED A FOLLOW-UP REINSPECTION DURING WHICH THEY SCORED ABOVE 70. SO BOTH OPERATIONS PASSED WITH THIS RECENT INSPECTION. IF YOU GO BACK TO THE PREVIOUS INSPECTION THERE WERE SCORES BELOW ACCEPTABLE LEVELS WITH REINSPECTINGS THEY WERE BROUGHT UP TO -- REINSPECTIONS THEY WERE BROUGHT UP TO AN ACCEPTABLE LEVEL. IF A FOOD ESTABLISHMENT SCORES BELOW 70, AS INDICATED WE DO AN IMMEDIATE REINSPECTION, BUT WE ALSO MONITOR THAT ESTABLISHMENT FOR THE NEXT 18 MONTHS. IF WE HAVE A CONDITION IN WHICH THEY SCORE AGAIN BELOW 70, DURING THAT 18 MONTH PERIOD, THEN WE LOOK AT FURTHER CORRECTIVE ACTION. EITHER FINDING THE -- FINING THE ESTABLISHMENT OR IN THE CASE OF SIGNIFICANT VIOLATIONS CONSIDER HOLDING A HEARING WITH THE HEALTH AUTHORITY AND CONSIDER POSSIBLE SUSPENSION OF THEIR PERMIT.

QUESTIONS FOR MR. LOWRY.

Slusher: EACH ONE OF THEM HAS ONLY BEEN UNDER 70 ONCE?

WELL, COUNCILMEMBER, THE INFORMATION THAT I HAVE HERE JUST GOES BACK TO THE PAST YEAR. I HEARD THE PREVIOUS SPEAKER TALKING ABOUT PREVIOUS SCORES AND RECORDS AND I DON'T HAVE THAT INFORMATION WITH ME. I WOULD HAVE TO GO BACK AND -- AND REVIEW THAT, REVIEW THAT INFORMATION.

Slusher: OKAY.

Mayor Garcia: BUT IS IT ON YOUR WATCH LIST?

IT IS CURRENTLY BECAUSE OF THE FACT THAT IN JANUARY THEY WERE BELOW THE 70 -- THE ACCEPTABLE SCORING. YES, IT IS.

Mayor Garcia: HAVE YOU DONE A REVISIT?

YES. WE DO A REVISIT WITHIN 10 DAYS OR SO OF THE INITIAL INSPECTING. IN THIS INSTANCE CORRECTIONS WERE MADE AND WITH THE REINSPECTION THEY WERE ABOVE THE 70 -- THE REQUIRED SCORING LEVEL. BUT WE HAVE CONTINUED TO MONITOR THEM FOR AN 18 MONTH PERIOD. AT ANY POINT WHERE AN INSPECTION SCORE IS BELOW 70, THEN FURTHER CORRECTIVE ACTION WOULD NOTICED TO BE TAKEN. -- WOULD NEED TO BE TAKEN.

Slusher: WHAT'S THE SIGNIFICANCE OF NOT HAVING A CERTIFIED FOOD MANAGER?

WELL, THAT'S VERY IMPORTANT BECAUSE A TRAINED CERTIFIED FOOD MANAGER ON SITE IS RESPONSIBLE TO OVERSEE THE OPERATIONS AND MAKE SURE THAT EVERYTHING IS IN COMPLIANCE. OFTENTIMES IF WE SEE A SITUATION WHERE THERE'S A PATTERN OF NON-COMPLIANCE, IT OFTEN REFLECTS THE FACT THAT THERE'S NOT A CERTIFIED FOOD MANAGER ON SITE TO MONITOR THE ACTIVITIES AND ASSURE COMPLIANCE. SO IT IS VERY IMPORTANT.

> AND THEY FAILED TO HAVE ONE AT BOTH STORES?

THEY DID. THAT'S -- THAT DOES OCCUR ON OCCASION, USUALLY BECAUSE OF TURNOVER IN STAFF AND SO FORTH. YOU MAY HAVE NEW PEOPLE WHO HAVE NOT YET BEEN CERTIFIED. I DON'T KNOW THE CIRCUMSTANCES IN THIS SPECIFIC CASE. BUT IN BOTH OPERATIONS THEY DID NOT HAVE A CERTIFIED CERTIFICATE INDICATING CERTIFIED FOOD MANAGER ON SITE. SO THAT WOULD BE CONSIDERED A VIOLATION.

Slusher: OKAY. I HAD A QUESTION ON THIS ONE FOR MR. GUERNSEY, MAYOR.

Mayor Garcia: MR. GUERNSEY?

Slusher: MR. GUERNSEY, ONE OF THE REASONS FOR RECOMMENDING APPROVAL OF THIS IS THE NEIGHBORHOOD PLAN; IS THAT CORRECT?

THERE WAS A SURVEY THAT WAS DONE IN THE LATTER PART OF LAST YEAR THAT INDICATED THERE WAS A DESIRE TO HAVE SOME GROCERY STORES. AND PART OF THE STAFF RECOMMENDATION, WE UNDERSTAND THERE WAS ALSO A CONCERN ABOUT HAVING TOO MANY CONVENIENCE STORES. SO PART OF THE RECOMMENDATION WAS TO -- TO RECOMMEND FOOD SALES, WHICH WOULD ALLOW FOR -- FOR AN ALBERTSON'S, H.E.B. OR A LA HACIENDA TYPE OF MARKET BUT PROHIBIT GASOLINE SALES. WHAT YOU WOULD COMMONLY FIND AT A 7-11 OR DIAMOND SHAMROCK, TEXACO CONVENIENCE STORE.

Slusher: I WOULD THINK THERE'S TWO SEPARATE ISSUES HERE BECAUSE ONE IS THE NEIGHBORHOOD, ONE IS THE GROCERY STORE, AT LEAST ACCORDING TO THAT SURVEY THAT WAS DONE. TWO IS THIS PARTICULAR GROCERY STORE. BECAUSE I THINK THIS IS CLEARLY A GROCERY STORE. MAYOR, WHAT I WOULD ASK IS IF WE COULD -- THIS IS ON THE CONSENT AGENDA, THE MAYOR PRO TEM IS VOTING NO. COULD WE MAKE THIS ON FIRST READING?

Mayor Garcia: I THINK -- I THINK WE HAVE DONE FIRST READING.

Slusher: I THOUGHT WE POSTPONED IT LAST WEEK.

Mayor Garcia: NO, WE POSTPONED SECOND AND THIRD.

Slusher: COULD WE MAKE IT ON SECOND READING THEN?

Mayor Garcia: SURE. UH-OH, HERE COMES MS. TERRY. [ LAUGHTER ]

Futrell: SEE WHAT I'M TELLING YOU MARTY. I'M SORRY I PICKED UP THE SHOES ON SATURDAY, I WILL HAVE THEM NEXT COUNCIL MEETING. IT DEPENDS ON WHAT YOU WANT IN THE ORDINANCE, COUNCILMEMBER. MY RECOMMENDATION WOULD BE THAT YOU JUST SIMPLY POSTPONE IT THIS TIME, LET US BRING IT BACK FOR SECOND AND THIRD ALTOGETHER. I'M NOT SURE WHAT IT IS THAT YOU WANT TO PUT IN THE ORDINANCE.

Slusher: I BASICALLY WANT A LITTLE BIT MORE TIME TO CONSIDER THIS ONE. BECAUSE OF THE COMPLICATIONS OF THE HEALTH ISSUE.

YES, SIR, I UNDERSTAND. AND --

Slusher: I THINK THAT I WOULD -- I CAN TELL YOU AS FAR AS BETWEEN SECOND AND THIRD, WHAT I WOULD BE DOING IS JUST WHETHER I'M GOING TO VOTE YES OR NO ON IT, LIKE IT IS. I DON'T CONTEMPLATE ADDING SOMETHING.

OKAY. I DON'T PROMISE, GUARANTEE NOT TO, EITHER. BUT I CAN'T THINK OF ANYTHING THAT I WILL RIGHT NOW --

WE WILL JUST DO THE BEST WE CAN.

OKAY.

Slusher: ALL RIGHT. I'M ALWAYS HAPPY TO SEE YOU COME UP TO THE MICROPHONE. [ LAUGHTER ]

Mayor Garcia: SO YOUR REQUEST --

Slusher: SECOND READING.

Mayor Garcia: TO DO SECOND READING. OKAY, IS THERE OPPOSITION TO THAT? OKAY. DO YOU UNDERSTAND WHAT WE ARE DOING?

OKAY.

COUNCILMEMBER THOMAS, YOU HAD AN INTEREST ON ITEM NO. 45, I PULLED THAT ITEM FOR DISCUSS BECAUSE WE HAD QUESTIONS. ALL THOSE QUESTIONS HAVE BEEN ANSWERED SATISFACTORILY. BUT -- BUT I'M READY TO PUT IT BACK ON CONSENT, BUT YOU HAD EXPRESSED AN INTEREST IN THIS ONE. DO YOU WANT TO PUT IT FOR DISCUSSION STILL?

Thomas: NO, SIR.

Mayor Garcia: OKAY. THEN I'M -- WHAT I'M GOING TO DO IS I'M GOING TO ASK THE FOUR PEOPLE WHO ARE SIGNED UP TO SPEAK ON THIS ONE, TO SPEAK ON THE CONSENT AGENDA DISCUSSION. MR. GREG GRAY? KARL HUNTLY, ED POWELL, AND STUART NOWLEY. AND MR. NOLEY IS -- MR. NOLEY IS -- HAS DONATED THE TIM TO MR. POWELL, SO MR. POWELL YOU WILL HAVE SIX MINUTES. MR. GRAY?

WELCOME, SIR.

THANK YOU, MR. MAYOR. I'M HERE REPRESENTING A LOCAL FIRM CALLED POINT SERVE WHO BID ON THIS ITEM.

Mayor Garcia: CAN YOU MOVE THE MIC UP A LITTLE BIT SO WE CAN HEAR YOU.

I'M SORRY. I'M HERE TO REPRESENT LOCAL SOFTWARE FIRM CALLED POINT SERVE WHO HAD BID ON THIS ITEM. AND FUNDAMENTALLY DISAGREE WITH THE APPROVAL OF IT AS IT STANDS DUE TO THE FACT THAT THE -- THAT THE GRADING OF THE PROCESS WE BELIEVE WAS SOMEWHAT FLAWED. I DON'T KNOW THAT -- IF THE COUNCIL HAS HAD AN OPPORTUNITY TO REVIEW WHAT THE ACTUAL GRADING CAME FROM PURCHASING. BUT WHEN WE DID RECEIVE THAT DOCUMENT, POINT SERVE ACTUALLY WAS RATED AS HAVING THE HIGHEST FUNCTIONALITY IN THE WORKFORCE MANAGEMENT PRODUCT OF ALL OF THE VENDORS THAT WAS -- THAT WAS REVIEWED BY THE AUSTIN ENERGY. WE WERE ALSO VERY CLOSE IN OTHER AREAS, LIKE REFERENCEABLE CUSTOMERS, EXPERIENCE, AND SO FORTH. IT WAS REALLY IN THE AREAS OF SUBJECTIVE CRITERIA, LIKE THE INTERVIEW PROCESS, IN WHICH THERE WAS A LITTLE BIT OF A DELTA THAT NARROWED, THAT ALLOWED MOBILITY TO -- TO NARROWLY EKE US OUT TO WIN THE DEAL. I THINK ONE OF THE THINGS THAT WE WERE REAL CONCERNED ABOUT IS THE LOCAL FIRM EMPLOYING ALL OF OUR EMPLOYEES LOCALLY, BUT THERE WAS NO CONSIDERATION GIVEN TO THE FACT THAT WE ARE A LOCAL FIRM SUPPORTING THE ECONOMY. THERE WAS ALSO AN ISSUE THAT WE HAD ADDRESSED IN OUR PROPOSAL, A LOCAL MINORITY CONTRACTOR. THAT REALLY WASN'T GIVEN A LOT OF CONSIDERATION, EITHER, IN THE GRADING PROCESS. SO WE ARE VERY CONCERNED ABOUT THOSE ISSUES. IT'S ALWAYS A CHALLENGE TO COME AND TRY TO ASK A GOVERNMENT BODY TO OVERTURN A DECISION THAT'S MADE BY THE FOLKS THAT ARE SUPPOSED TO SEPARATE THE CITY ON BEHALF OF EVERYONE. AND SO THERE'S SOME OTHER ISSUES THAT HAVE COME UP SINCE THE TIME THAT WE ACTUALLY COMPLETED THE R.F.P. THE PARENT COMPANY OF THE VENDOR THAT'S BEEN SELECTED AND OUR COMPANY POINT SERVE HAVE ACTUALLY HAD DISCUSSIONS IN WHICH WE WERE TALKING ABOUT COMBINING SOME OF OUR TECHNOLOGIES TOGETHER IN THE FUTURE OPPORTUNITIES. PART OF THE FUNCTIONALITY THAT MOBILITY IS PROVIDING IS BEING PROVIDED BY A THIRD PARTY VENDOR. NOT BY MOBILITY THEMSELVES. AND THAT IS A PIECE IN WHICH POINT SERVE COULD ALSO PROVIDE THAT SAME, BUT WE WOULD ARGUE BETTER FUNCTIONALITY. SO INSTEAD OF ASKING THE COUNCIL TO OVERTURN THAT DECISION IN ORDER TO DISAGREE WITH IT, WE THOUGHT THAT AN ACCEPTABLE COMPROMISE WOULD BE TO ALLOW US TO EXPLORE WITH AUSTIN ENERGY AND EVEN WITH MOBILITY AND AXIOM THE POSSIBILITY OF THE THREE OF US WORKING TOGETHER TO PROVIDE A MUCH BETTER SOLUTION WE BELIEVE FOR THE CITY AND FOR AUSTIN ENERGY. SO -- SO I WOULD LIKE THE COUNCIL TO ENTERTAIN ALLOWING US TO HAVE THAT DISCUSSION WITH AUSTIN ENERGY AND WITH AXIOM MOBILITY. THANK YOU.

Mayor Garcia: THANK YOU, MR. GRAY, MR. KARL HUNTLY, FOLLOWING MR. HUNTLY IS MR. ED POWELL WHO WILL HAVE SIX MINUTES WHEN HE COMES UP. THANK YOU MAYOR, MAYOR PRO TEM, COUNCILMEMBERS. I AM HERE TODAY TO DISCUSS THE CONCERN IN TERMS OF THE PROCESS THAT IS BEING USED TO EITHER SELECT OR TO INDICATE THAT THERE MAY BE A MINORITY AND WOMEN OWNED BUSINESSES WHO CAN PROVIDE SUPPORT FOR MAJOR CONTRACTS. AND NOW -- IN LOOKING AT THE STATEMENT HERE, IT SAYS THAT NO -- NO SUBCONTRACTING OPPORTUNITIES WERE IDENTIFIED. AND THAT IS A VERY, VERY DIFFICULT DECISION TO MAKE. BECAUSE THERE ARE SO MANY VARIABLES THAT CAN IMPACT THAT. I WOULD RECOMMEND AND ASK YOU ALL TO CONSIDER IN THE FUTURE BEING VERY AGGRESSIVE IN TERMS OF -- OF BEING POSITIVE IN THE FACT THAT THERE ARE MINORITY FIRMS OUT THERE WHO CAN DO VARIOUS JOBS AND IF -- IF PRIME CONTRACTORS COME BACK AND CONVINCE YOU THAT THEY HAVE DONE DUE DILIGENCE AND HAVE NOT FOUND ANYBODY, THEN THAT'S FINE. BUT FOR THOSE FOLK WHO GO OUT AND FIND THESE MINORITY VENDORS, I THINK THEY SHOULD BE REWARDED FOR THAT EFFORT. I REALLY APPRECIATE YOUR TIME TODAY.

MR. ED POWELL, MR. ED POWELL HAS THREE MINUTES DONATED TO HIM BY MR. STUART NOLEY. IS HE HERE? YOU HAVE SIX MINUTES.

MR. MAYOR, MEMBERS OF THE COUNCIL. I AM THE CEO OF POINT SERVE. AND REALLY WANTED TO COME TO ADDRESS THIS ISSUE ABOUT -- ABOUT THE SELECTION OF MOBILITY. LARGELY JUST BECAUSE POINT SERVE IS A LOCAL FIRM. AND FOR EXAMPLE MR. HUNTLY MADE THE COMMENT HERE THAT THIS HAS NO -- IT SAYS NO SUBCONTRACTING OPPORTUNITIES WERE IDENTIFIED. MY GRANDFATHER USED TO SAY TO ME YOU CAN LIVE IN THE COMMUNITY OR OFF THE COMMUNITY. OUR VIEW HERE IS EVEN THOUGH AUSTIN ENERGY DIDN'T FIND SUBCONTRACTING OPPORTUNITIES, POINT SERVE AS A LOCAL FIRM FOUND THOSE. AND AGAIN WE ARE A LOCAL FIRM. WE ARE FOCUSED ON BEING PART OF THE COMMUNITY. WE LOOKED AT THE END OF LAST YEAR AND I THINK OUR EMPLOYEES GENERATED ABOUT HALF A MILLION IN PROPERTY TAX, AND TO HAVE A SITUATION WHERE WE, FROM A PRODUCT SIDE, WHERE WE ARE DEEMED TO HAVING THE BEST PRODUCT, YET LOSE OUT TO WHAT -- YOU KNOW, THESE ARE OUR FRIENDS, THE FOLKS AT MOBILITY, WE ARE WORKING WITH THEM IN OTHER SITUATIONS. THEY HAVE LOOKED AT OUR CORE TECHNOLOGY AND UNDERSTAND THE SUPERIORITY OF IT OVER WHAT THEY ARE USING CURRENTLY. WE HAVE OPPORTUNITIES THAT WE WORK TOGETHER AND WE WOULD LIKE TO DO IT IN A WAY THAT ALLOWS US TO WIN, ALLOWS THE SUBCONTRACTING FIRMS TO WIN, ALLOWS AUSTIN, WE BELIEVE, AND MOBILITY TO WIN TOGETHER. AND I JUST CONCUR WITH MR. -- YOU KNOW, MR. HUNTLY AND GRAY AND -- IN ASKING THE COUNCIL TO ENCOURAGE AUSTIN ENERGY TO CONSIDER A WIN-WIN-WIN OPPORTUNITY THAT I SEE FOR AUSTIN AND FOR THE LOCAL ECONOMY. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH, SIR. MS. BRUBAKER, THE ISSUE WITH REGARD TO THE STATEMENT ON THE AGENDA POSTING THAT WAS BROUGHT UP BY MS. HUNTLY, CAN YOU ADDRESS THAT ISSUE?

YES, SIR. WHEN THIS -- WHEN THIS ITEM WAS ISSUED, THE SOLICITATION WAS ISSUED, THE TECHNICAL STAFF FROM AUSTIN ENERGY, THE -- THE SENIOR BUYER FROM -- FROM PURCHASING, ALONG WITH THE BUSINESS ANALYSTS AT DSMBR WERE NOT ABLE TO IDENTIFY AN AREA OR AREAS OF SUBCONTRACTING. AND SO THIS -- THIS SOLICITATION WAS ISSUED WITH NO GOALS. THAT DOES NOT MEAN THAT THE INSTRUCTIONS IN -- DURING THE PROPOSAL NOR THE INSTRUCTIONS IN THE DOCUMENTS THEMSELVES DO NOT SAY THAT IN THE EVENT THAT YOU ARE GOING TO SUBCONTRACT, WE EXPECT THAT YOU WOULD CONTACT THE DSMBR FOR HELP IN LOCAL CERTIFIED MINORITY AND WOMEN-OWNED BUSINESSES AND FURTHERMORE THAT IS IF YOU DIDN'T KNOW WHO THEY MIGHT BE. AND THAT ADDITIONALLY, YOU WOULD BE EXPECTED TO FILL OUT A FORM THAT IS IN THERE AND IT IS SOMETHING THAT IS KIND OF IN LIEU OF A COMPLIANCE PLAN. AND IT'S WHERE THERE IS GOING TO BE ANY SUBCONTRACTING, YOU HAVE TO -- YOU HAVE TO LIST THE KINDS OF SUBCONTRACTS AND THEN THAT'S PART OF YOUR SUBMITTAL AND THAT GOES TO DSMBR AND THEY VERIFY TO SEE IF IN FACT THERE MIGHT HAVE BEEN SUBCONTRACTING. THE -- IT WAS POSTED WITH THE LANGUAGE NO OPPORTUNITIES WERE IDENTIFIED BECAUSE IT WAS ISSUED AS A NO GOALS SHRIS STAYING. AS IN THIS ONE AS IN MANY OTHERS, WE ARE VERY FORTUNATE IN HAVING THE CONTRACTORS THEMSELVES IDENTIFY AREAS THAT THEY KNOW THEY CAN SUBCONTRACT. IN THOSE INSTANCES, WE DO COME BACK, WE DO HAVE SUBCONTRACTING BUT IT DOESN'T CHANGE HOW THE DOCUMENT WAS SENT OUT. SO WHEN IT SAYS NO GOALS WERE IDENTIFIED, WHAT WE ARE SAYING IN THERE IS IT WAS ISSUED AS A NO GOALS SOLICITATION. IF IT WOULD BE MORE HELPFUL TO COUNSEL, WE -- WE COULD PERHAPS ADD NO GOALS WERE IDENTIFIED AND THEN WE WOULD PUT ACHIEVED, HOWEVER ACHIEVED APPEARED THEN WE CAN PUT THE ACHIEVEMENT OF PARTICIPATION, IF THAT WOULD BE MORE CLEARLY COMMUNICATED TO YOU.

SO THIS IS MORE LIKE A ROUTINE THAT YOU ALL PROCESS IN THE R.F.P.'S OR THE BID REQUESTS AND YOU DETERMINE WHETHER THERE'S OPPORTUNITIES.

WELL, WE TRY TO. IT JUST LIKE WITH PUBLIC WORKS. MAYOR. WHERE THEY -- THEY SIT AND IDENTIFY AREAS THAT THEY KNOW ARE GOING TO BE THEIR CRAFT, SKILLS, CEMENT WORK, ET CETERA. BUT IN THESE HIGH TECH ONES WE ARE DISADVANTAGED BECAUSE THEY ARE PROPRIETARY, WE DON'T EXACTLY WHO IS GOING TO PROPOSE, WHAT IT'S GOING TO LOOK LIKE, HOW MUCH IS HARDWARE, HOW MUCH IS SOFT WEAR. SO THAT'S THE DIFFICULTY IN KNOWING WHAT OF THAT PROPOSAL -- UP LIKE A BID SPEC WHERE THEY KNOW EXACTLY WHAT THEY ARE ASKING FOR. WE ARE KIND OF SAYING COME AND TELL US WHAT YOU HAVE GOT AVAILABLE. SO THAT'S WHERE IN INSTANCES -- I THINK MR. CHAMINGUMUN IN OFFICE HAS BEEN PRETTY PROGRESSIVE. IN SOME OF THESE WE JUST DON'T KNOW. I WILL BE HONEST WITH YOU, WE DON'T KNOW.

ONE OF THE THINGS THAT I WOULD -- THAT I WOULD WANT TO MENTION TO MINORITY CONTRACTORS IS IF YOU WANT TO BE LISTED AND HAVE SPECIAL SKILLS, YOU NEED TO CONTACT DSMBR SO WHEN THEY EVALUATE THESE THINGS THAT ARE GOING OUT, THEY SEE THAT THERE'S PEOPLE QUALIFIED THEY CAN CHANGE THE WORDING AND SAY, YOU KNOW, WE ARE GOING TO LOOK FOR OPPORTUNITIES. FURTHER QUESTIONS FOR MS. BRUBAKER?

Thomas: I DO. MAYOR.

Mayor Garcia: COUNCILMEMBER THOMAS.

Thomas: NOT FOR MS. BRUBAKER, FOR MR. HUNTLY. WHAT THE MAYOR WAS JUST SAYING, ARE YOU ALL LISTED WITH THE.

[INAUDIBLE - NO MIC]

Thomas: SOMEWHERE THERE'S A MISCOMMUNICATION THAT I'M NOT UNDERSTANDING. THEY ARE ALREADY LISTED. BECAUSE THIS WAS BROUGHT MAYBE, WHAT, THREE WEEKS AGO AND PULLED BACK DOWN FOR THE REASON, SO I THOUGHT WE WOULD HAVE SOLVED SOME OF THIS PROBLEM. WHAT -- THE GENTLEMAN THAT SPOKE BEFORE, THE TWO OTHER GENTLEMENS, ABOUT MOBILITY, TEAMING UP WITH THEM, IS THAT POSSIBLE OR --

WELL, I BELIEVE THAT MOBILITY HAS MADE IT VERY CLEAR TO THE STAFF AT AUSTIN ENERGY AND MY OFFICE THAT THEY ARE WILLING TO CONSIDER ADDITIONAL SUBCONTRACTING.

Thomas: CONSIDER --

TO THAT EXTENT THEY ARE GOING TO LOOK AT AREAS FOR --

Thomas: IS MOABILITYD HERE TODAY?

I BELIEVE THEY STILL ARE HERE. THE PRESIDENT OF --

Thomas: LET THEM -- COULD YOU ENTER HE TO WHAT WE ARE ASKING. COULD YOU SPEAK TO WHAT WE ARE ASKING. YOU NEED TO USE THE MIC, SIR.

WE'VE COME BACK -- I'M BOB TAYLOR FOR MOBILITY.

Mayor Garcia: IDENTIFY YOURSELF, SIR. SO EVERYBODY KNOWS WHO YOU ARE.

I'M BOB TAYLOR FROM MOBILITY. AND WHAT HAS HAPPENED IS THAT WE HAVE COME BACK AND IDENTIFIED SOME MINORITY PARTICIPATION. WE HAVE A LETTER OF INTENT TO THAT FIRM. WE HAVE MADE A COMMITMENT TO AUSTIN GAS THAT WE WILL TAKE ANOTHER LOOK AT ADDITIONAL PARTICIPATION. WE ARE LIMITED BECAUSE WE HAVE A PROPRIETARY PRODUCT THAT IF WE WERE TO CONSIDER USING SOMEONE FOR TRAINING AS AN EXAMPLE, IT WOULD REQUIRE THAT THEY KNOW THE PRODUCT THAT IS BEING TRAINED. SO WE HAVE SOME LIMITATIONS IN TERMS WHAT OF WHAT WE CAN DO. WE HAVE A COMMITMENT TO A MINORITY FIRM HERE IN AUSTIN. WE ALSO HAVE AN EXTENDED COMMITMENT TO THAT FIRM FOR OTHER PARTICIPATION OUTSIDE OF THIS CONTRACT. WE HAVE A COMMITMENT TO POINT SERVE FOR A NUMBER OF OPPORTUNITIES GOING FORWARD. SO WE HAVE MADE AN ATTEMPT TO YOUR COMMUNITY.

Thomas: OKAY. THANK YOU.

Mayor Garcia: OKAY. I'M GOING TO READ THE CONSENT AGENDA ONE MORE TIME BECAUSE IT'S TAKEN A LITTLE BIT LONGER THAN I EXPECTED AND BECAUSE WE HAVE HAD TWO CHANGES. SO GOING BACK TO ITEM NO. 17, 21, 22, 23, FOR POSTPONEMENT INDEFINITELY, 25, 26, 27, 29, 30, ON SECOND READING ONLY, 31 FOR POSTPONEMENT UNTIL THE -- SEPTEMBER THE 26TH OF THE YEAR '02, 33, 34, 35, -- 34 WITH THE ADDITIONAL CONDITIONAL OVERLAY PROHIBITING COCKTAIL LOUNGES, 35, 36, 37, 38, 40, 41, 42, 43, FOR POSTPONEMENT INDEFINITELY, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60 AND 61. 62 AND THE -- WHAT'S THE NUMBER OF THE -- 68 BOARDS AND COMMISSION APPOINTMENTS AS READ INTO THE RECORD. I WILL ENTERTAIN A MOTION ON THE CONSENT AGENDA.

SO MOVE, MAYOR.

Mayor Garcia: MOTION BY COUNCILMEMBER THOMAS I WAS GOING TO SAY THAT I DID NOT FAIL TO READ A COUPLE OF THINGS. ON ITEM NO. 30 THE MAYOR PRO TEM IS VOTING NO. AND ITEM NO. 29 THE -- THE COUNCILMEMBER SLUSHER IS ABSTAINING. SO -- [INAUDIBLE]

Mayor Garcia: ON THE CONSENT AGENDA? AH OKAY. SO WE ALREADY HAD A MOTION, BUT WE HAD SOME CHANGES, SO COUNCILMEMBER ALVAREZ AND COUNCILMEMBER DUNKERLY ARE YOU OKAY WITH THE CHANGES? COUNCILMEMBER ALVAREZ? ARE YOU OKAY WITH THE CHANGES THAT WERE READ?

Alvarez: I'M SORRY, WHICH ITEM, MAYOR?

Mayor Garcia: WE CHANGED ITEM NO. 30 TO SAY ONLY SECOND READING.

Alvarez: THAT'S FINE.

Mayor Garcia: AND WE ADDED ITEM NO. 45. COUNCILMEMBER DUNKERLY, ARE YOU OKAY WITH THAT? OKAY.

Slusher: MAYOR I ADDED THE AMENDMENT TO 38 ABOUT THE PIPELINE.

Mayor Garcia: RIGHT THE AMENDMENT TO 38 SETTING THE SETBACKS FROM -- ON THE PIPELINE.

Slusher: IT ALREADY HAD THE SETBACK, BUT WITHIN 400 FEET THEY HAVE TO CONSULT WITH THE FIRE DEPARTMENT LIKE IN THE STRATUS AGREEMENT. THE FIRE DEPARTMENT HAS FINAL SAY.

Mayor Garcia: NOT THE SET BACK, BUT THE NOTIFICATION TO THE FIRE DEPARTMENT. OKAY. MS. BROWN, YOU GOT THAT AMENDMENT? OKAY. FURTHER DISCUSSION? IF NOT, ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. WITH -- WITH THE EXCEPTION AS NOTED IN THE -- COUNCILMEMBER -- MAYOR PRO TEM GOODMAN IS VOTING AYE ON ALL OF THEM EXCEPT ON THE ONES THAT ARE NOTED. I'M SORRY. COUNCILMEMBER SLUSHER. VOTING NAY ON -- ABSTAINING ON 29. MAYOR PRO TEM GOODMAN IS NO ON ITEM NO. 30. OKAY. THANK YOU SO VERY MUCH. MS. JEFFERSON, WE HAVE ONE ITEM OF EXECUTIVE SESSION THAT -- THAT WE HAVEN'T TAKEN UP. AND IS THAT AN ITEM THAT -- THAT DOESN'T REQUIRE IF I MAY IT DOESN'T REQUIRE AN ACTION ITEM, BUT THERE IS AN ACTION ITEM THAT IS SOMEWHAT RELATED TO THE CASE.

Mayor Garcia: 24.

THAT'S RIGHT. IT'S A LEGAL SERVICES CONTRACT.

Mayor Garcia: YES.

ACTUALLY, WE WILL HAVE TO CONCLUDE THE EXECUTIVE SESSION ON AUSTIN 360 ASSOCIATES AND THEN WE WILL TAKE UP LINDALIUS.

Mayor Garcia: OKAY. THE ITEMS THAT ARE STILL -- THAT ARE DISCUSSION ITEMS, ARE ITEMS NUMBER 32, WHICH IS THE U.S. 290 EAST, CASE NUMBER C 14-01-0134. ITEM NO. 39, WHICH IS THE CITY HALL AND PUBLIC PLAZA PROJECT, ITEM NO. 58, WHICH IS THE PARKING ORDINANCE. AND ITEM NO. 63, WHICH IS -- WILL BE TAKEN UP -- ITEM 63 WILL BE TAKEN UP IN CONJUNCTION WITH OUR 4:00 TIME CERTAIN. OKAY. WE HAVE ABOUT HALF AN HOUR BEFORE THE 4:00 TIME CERTAIN. AND -- LET'S SEE.

MS. GLASGO WE WILL GO TO ITEM NO. 32 TO APPROVE ON SECOND AND THIRD READING AN ORDINANCE AMENDING CHAPTER 25 -- [INAUDIBLE], THAT ITEM WAS PULLED BY COUNCILMEMBER SLUSHER.

Glasgo: MAY ARRESTED COUNCILMEMBERS, ALICE GLASGO WITH THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT. THIS CASE WAS HEARD BY THE CITY COUNCIL SEVERAL MONTHS AGO. AT THAT TIME YOU HEARD FROM SURROUNDING RESIDENTS WHO ARE CONCERNED ABOUT THE POSSIBILITY OF AN INDOOR ENTERTAINMENT FACILITY BEING LOCATED HERE WHERE THOSE ATTENDING EITHER A WEDDING OR ANY OTHER ACTIVITY LIKE A DANCE MIGHT CONSUME ALCOHOL AND ADD TO THE POSSIBILITY OF ACCIDENTS IN THE AREA. COUNCIL EXPRESSED AN INTEREST OF -- OF EXPLORING AND FINDING MORE INFORMATION FROM THE POLICE DEPARTMENT REGARDING ACCIDENTS THAT OCCUR IN THE AREA AND HOW ALCOHOL RELATES TO THAT. TODAY WITH US WE HAVE REPRESENTATIVES FROM THE POLICE DEPARTMENT, WHO WOULD LIKE TO GIVE YOU AN OVERVIEW OF -- OF ACCIDENTS THAT OCCUR IN THE AREA THAT IS IN PROXIMITY TO THIS SITE. SO YOU CAN HAVE A FEEL FOR -- FOR THE CONCERNS THAT WERE RAISED BY RESIDENTS. AND -- AND WE HAVE SOMEONE FROM THE POLICE DEPARTMENT TO MAKE THE PRESENTATION.

THANK YOU. I DON'T THINK THERE WOULD BE ANY ARGUMENT HERE TODAY THAT -- THAT THIS AREA OF 290 --

COULD YOU IDENTIFY YOURSELF, SIR, SO EVERYBODY KNOWS WHO YOU ARE.

THANK YOU, I'M LIEUTENANT CALVIN SMITH WITH THE AUSTIN POLICE DEPARTMENT.

THANK YOU.

THANK YOU. I DON'T THINK THERE WOULD BE ANY ARGUMENT THAT THIS AREA OF 290 IS A HAZARDOUS LOCATION. I THINK YOU COULD DESCRIBE IT AS PROBLEMATIC. THAT IT IS A PRETTY MUCH TWO-LANE ROADWAY OR ACTUALLY FOUR LANE DIVIDED HIGHWAY THAT IS HILLY, THAT HAS A NUMBER OF TURN AROUND ON IT, THERE'S A NUMBER OF INTERSECTIONS, THE SPEED LIMIT IS 60 MILES PER HOUR. THE DEPARTMENT HAS RECORDED ABOUT 300 COLLISIONS THERE IN THE PAST -- SINCE 1999. THERE HAVE BEEN SOME FATALITY COLLISIONS THERE. THIS YEAR. ABOUT 23 OF THOSE 300 COLLISIONS INVOLVE ALCOHOL. HISTORICALLY ABOUT 45% OF OUR FATALITY COLLISIONS IN AUSTIN INVOLVE ALCOHOL. THAT NUMBER IS NOT THAT -- THIS HIGH, THAT HIGH IN THIS LOCATION. BUT IT WOULD BE PROBLEMATIC. BY ADDING AN ADDITIONAL FACILITY THAT SELLS ALCOHOL OR CONSUMES IT, THAT'S A JUDGMENT CALL. DEPENDS ON THE VOLUME OF PATRONS THAT ATTEND THAT FACILITY. WE DO HAVE A SIGNIFICANT PROBLEM WITH THE FLEA MARKET THAT WOULD BE NEXT DOOR TO THIS FACILITY. IT OPERATES ON THE WEEKEND AND LET'S OUT IN THE EARLY AFTERNOON. 5:30, 6:30 TIME FRAME. AND THE DEPARTMENT HAS EXPERIENCED A LARGE NUMBER OF COMPLAINTS AND ISSUES DEALING WITH THAT FACILITY FOR THE TRAFFIC BOTH COMING INTO THAT ROAD -- INTO THAT FACILITY AND LEAVING THERE. WE HAVE ASSIGNED OFFICERS TO WORK THAT BECAUSE IT IS SUCH A PROBLEM. THERE HAS BEEN A LOT OF COMPLAINTS. AT LEAST ONE OF THE FATALITIES THAT WE HAD THIS YEAR IN MAY DID INVOLVE A PATRON OF THAT FLEA MARKET FACILITY THAT WAS INTOXICATED. HE HAS NOT BEEN ARRESTED. THERE'S A WARRANT OUT FOR HIS ARREST SO WE HAVEN'T BEEN ABLE TO TALK WITH HIM YET. SO KIND OF IN GENERAL, THAT'S A SNAPSHOT VIEW OF THAT LOCATION. AND THE PROBLEMS THAT WE ARE SEEING. QUESTIONS?

Mayor Garcia: QUESTIONS FOR THE LIEUTENANT?

Alvarez: MAYOR?

Mayor Garcia: COUNCILMEMBER ALVAREZ.

Alvarez: YES, LIEUTENANT. I READ THE BACKUP, THE MEMO THAT SUMMARIZES THE INFORMATION THAT YOU PRESENTED. IT TALKS ABOUT A SPECIFIC BLOCK ALONG 290. IS THAT REPRESENTED IN THIS AERIAL PHOTO THAT WAS PASSED OUT.

THAT 9500 BLOCK IS RIGHT THERE AT THE FLEA MARKET LOCATION. I BELIEVE THERE WERE LIKE 49 COLLISIONS THERE SINCE 1999.

Alvarez: 49?

49.

Alvarez: SO THE 300 FIGURE THAT YOU MENTIONED REFERS TO HOW BIG OF AN AREA ALONG HERE? ALONG 290? I THOUGHT YOU MENTIONED 300. 300 COLLISIONS --

IT'S A SIGNIFICANT PROBLEM THE FLEA MARKET AREA WITH THAT TRAFFIC LEAVING. I HAVE DRIVEN OUT THERE A COUPLE OF TIMES JUST LATELY TO SEE WHAT IT LOOKS LIKE. AND IT'S NOT ENGINEERED AS WELL AS WE WOULD LIKE TO SEE. AS YOU ARE GOING WESTBOUND INTO AUSTIN, THEY ARE AT -- THERE AT GILES, THAT RIGHT-HAND LANE HAS TO TURN RIGHT. WHEN YOU GO BEYOND THAT, THAT PAVED SHOULDER OF THE ROAD HAS BEEN STRIPED TO ALLOW TRAFFIC TO ENTER INTO THE FLEA MARKET. THERE'S NOT REALLY ANY WARNING FOR DRIVERS TO KNOW THAT THAT IS SIMPLY A PAVED SHOULDER THAT'S GOING TO LEAD INTO THE FLEA MARKET AREA. AND ALSO JUST BEYOND THAT, THERE'S A STRIPED ROADWAY THAT I DON'T KNOW WHAT DRIVERS ARE SUPPOSED TO DO IF THEY DIDN'T KNOW THAT THEY WERE SUPPOSED TO GO INTO THE FLEA MARKET, THEY ARE JUST KIND OF STUCK THERE. SO THEY ARE GOING TO HAVE TO MERGE TO THE LEFT. THAT AREA IS NOT ENGINEERED AS WELL AS WE WOULD LIKE TO SEE. THERE HAVE BEEN A LARGE NUMBER OF COMPLAINTS ABOUT PEOPLE LEAVING THE FLEA MARKET, CUTTING ACROSS THE MEDIAN. TEXDOT PUT SOME CABLING UP THERE TO STOP THAT. THERE HAVE BEEN A NUMBER OF PROBLEMS WITH COLLISIONS AT THE TURN AROUND, BOTH EAST AN WEST OF THAT LOCATION. THAT LOCATION IS PROBLEMATIC, PARTICULARLY ON WEEKENDS, THAT'S WHEN THE FLEA MARKET LETS OUT.

Mayor Garcia: FURTHER QUESTIONS FOR THE LIEUTENANT?

Alvarez: YES, MAYOR, I'M STILL TRYING TO FIGURE OUT -- BECAUSE I THINK THE REPORT SAYS THAT THERE WERE 233 COLLISIONS. OF THE 303 REPORTS, 19 WERE DOCUMENTED AS BEING ALCOHOL RELATED. I GUESS I'M TRYING TO FIGURE OUT IF YOU ARE SAYING 49% WERE IN THE AREA OF THE FLEA MARKET, WHERE ARE THE OTHERS --

NO, NOT 49%, JUST 49 INCIDENTS, PER SE.

Alvarez: SO THE 49. THEN WHERE ARE THE REST OF THE 303 OCCURRING? WE ARE TRYING TO -- WE ARE CALLING A LOT OF ATTENTION RIGHT THERE. BUT IT SEEMS LIKE --

I WOULD THINK THAT THIS BUSINESS ALSO THE FLEA MARKET, YOU WOULD LOOK AT A BIGGER PICTURE OF THE TRAFFIC ON 290. SO THERE ROUGHLY FROM THE 8600 BLOCK WHICH IS CLOSE TO SPRINGDALE TO RIGHT ON OUT TO JOHNNY MORRIS ROAD, THERE YOU HAVE GOT THE 10 OR SO BLOCKS PLUS THE INTERSECTIONS THAT ARE INVOLVED WITH THAT. THAT'S THE TOTAL OF THE -- ABOUT A 302 OR SO COLLISIONS PER SE. AND 23 OF THOSE OVER -- SINCE 1999 HAVE INVOLVED UP TO YEAR TO DATE HAVE INVOLVED ALCOHOL. THAT'S A FAIRLY LOW NUMBER. BUT WHEN WE LOOK AT FATALITIES THROUGHOUT THE CITY, WE EXPECT ABOUT HALF OF THOSE TO BE INVOLVING ALCOHOL. AND THE CONTRIBUTING FACTORS TO THESE COLLISIONS ARE ALL NEARLY ANY FATALITY OR SERIOUS INJURY COLLISION INVOLVES SPEED, FOLLOWING TOO CLOSE, ALCOHOL, UNSAFE CHANGE OF LANES, THAT'S NOT JUST UNIQUE TO 290 EAST, BUT REALLY ANY FATALITY COLLISIONS OR SERIOUS INJURY COLLISIONS. YOU CAN EXPECT THOSE KIND OF CONTRIBUTING FACTORS TO BE THERE. THIS MAKES THIS SUCH A HOT SPOT FROM THE FLEA MARKET PATRONS THAT LEAVE THERE, YOU KNOW, BETWEEN 5:00 AND 6:00 OR SO IN THE EVENING ON THE WEEKENDS, THAT IS A SIGNIFICANT PROBLEM FOR THE DEPARTMENT TO CONTROL THAT. THE SHERIFF'S OFFICE HAS OFFICERS WORKING THAT FACILITY. AND THE DEPARTMENT A.P.D. ALONG WITH TABC HAS OPERATED A NUMBER OF STINGS AND -- AND ENFORCEMENT EFFORTS TO CONTROL THE ALCOHOL CONSUMPTION AND PROBLEMS THERE. AND THAT WILL CONTINUE. THAT'S A PROBLEM AREA.

Alvarez: THANK YOU.

Slusher: MAYOR, I HAVE SOME QUESTIONS.

Mayor Garcia: COUNCILMEMBER SLUSHER?

Slusher: YOU MAY NOT HAVE IT, I THINK YOU ARE TRYING TO REMEMBER SOME OFF THE TOP OF YOUR HEAD, I WILL TRY TO HELP. BUT THE 8600 TO 10,000 BLOCK OF 290 OF THE ACCIDENTS THAT YOU MENTIONED, 26% OF THEM WERE IN THE 9500 BLOCK. WHICH IS THE FLEA MARKET; IS THAT CORRECT? I DON'T WANT TO CONTRADICT YOUR NOTES THAT YOU ARE LOOKING AT, BUT I WOULD SAY -- I HAVE 49 COLLISIONS HAVE OCCURRED THERE. OF THE 300. IS THAT ROUGHLY 26%?

Slusher: I THINK THAT'S A LITTLE LOWER.

YEAH.

Slusher: NOW YOU HAVE GOT -- PUT IT BACK ON ME TO DO THE MATH. [ LAUGHTER ]

SORRY. BUT DID YOU SAY SOMETHING, ALSO, ABOUT A -- ABOUT A -- ABOUT A -- I DON'T KNOW WHAT THE WORD -- SOMETHING THAT MAYBE COULD BE CURED AS FAR AS THE -- AS FAR AS THE ENGINEERING OF THE ROAD THAT --

WE ARE HAVING CONVERSATIONS, WE ARE HAVING CONVERSATION WITH TEXDOT AND WE HAVE MADE A NUMBER OF RECOMMENDATIONS ABOUT THAT ROADWAY. THERE NEEDS TO BE SIGNS UP, LETTING PEOPLE KNOW WHAT'S AHEAD OF THEM. THEY NEED TO STRIPE THOSE ROADWAYS, THAT ROADWAY PARTICULARLY BETTER. THE SPEED LIMIT IS 60 MILES PER HOUR THERE. IF YOU CAN THINK OF 290 AND THINK ABOUT WHAT 183 LOOKED LIKE 10 YEARS AGO, 15 YEARS AGO, WHAT YOU HAVE IS A MAJOR HIGHWAY WITH NO FRONTAGE ROADS, YOU HAVE A LOT OF SIDE TRAFFIC ENTERING THE ROADWAY FROM ALL KINDS OF DIFFERENT POINTS. THERE AT THE FLEA MARKET IT'S ALMOST AT THE CREST OF A HILL, SO YOU HAVE ALL OF THE INGREDIENTS OF A PRETTY DANGEROUS PLACE. WE LOOK FOR ADDITIONAL SERIOUS INJURY AND FATALITY COLLISIONS AT THIS LOCATION AS IT -- AS AUSTIN GROWS IN THAT DIRECTION.

Slusher: OKAY. SO THIS IS NOT SOMETHING THAT COULD BE CURED OVERNIGHT WITH SOME KIND OF SMALL ADJUSTMENT OR RESTRIPING.

NO. THIS ISN'T A BAND-AID APPROACH. THIS IS GOING TO BE A LONG-TERM BIG PROJECT AT SOME POINT. SO WHILE THERE COULD BE SOME SMALL FIXES MADE, IT'S GOING TO BE A BIGGER PROBLEM BECAUSE THERE'S NO FRONTAGE ROADS THERE AND VEHICLES ARE ENTERING THE ROADWAYS AND THE SPEED LIMIT LIKE I SAID IS 60 OVER HILLS. IT'S PRETTY HAZARDOUS.

Slusher: LIKE I SAID, YOU ARE WORKING -- THE PROBLEMS RESULTING FROM A PARTICULAR LOCATION, YOU ALL HAVE SOME ONGOING EFFORTS TO DEAL WITH THOSE.

YES, SIR, WE DO.

Slusher: OKAY. THAT'S ALL THAT I HAVE FOR NOW, MAYOR.

Mayor Garcia: COUNCILMEMBER? ANY FURTHER QUESTIONS FOR THE LIEUTENANT? I LIVE OUT THERE. I AGREE WITH YOU. I MEAN, IT'S -- I HAVE DRIVEN THAT ROAD, THAT SCARES ME WHEN I GO THROUGH THERE, ESPECIALLY ON CERTAIN DAYS OF THE WEEK. I THINK THAT'S WHEN THE -- A LOT OF THOSE ACCIDENTS TAKE PLACE ON THE WEEKEND. I WILL ENTERTAIN A MOTION ON THIS ONE? SECOND AND THIRD READINGS. MAYOR PRO TEM, HAVE YOU -- IF YOU RECOGNIZE ME, I WILL MAKE THE MOTION. TO DENY THIS REQUEST.

MAYOR, MAY I -- I FAILED TO CLARIFY EARLIER ON THAT WHEN THE CASE CAME FORWARD, THE -- THE PLANNING COMMISSION'S RECOMMENDATION WAS ACCEPTABLE TO BOTH THE NEIGHBORHOOD AND THE APPLICANT EXCEPT THAT THE APPLICANT WANTED ONE USE THAT THE NEIGHBORHOOD WANTED PROHIBITED. SO THE PLANNING COMMISSION RECOMMENDATION WAS NOT A PROBLEM TO THE RESIDENTS. HOWEVER, THE -- THE LIST OF PROHIBITED USES TOTALED 13 AND THE APPLICANT WANTED COUNCIL TO REMOVE ONE OF THE CONDITIONS, WHICH WAS INDOOR ENT OBTAINMENT AND THAT -- ENTERTAINMENT AND THAT IS THE ONLY USE THAT WOULD ALLOW THE CONSUMPTION OF ALCOHOL. FOR EXAMPLE, THE INDOOR ENTERTAINMENT, IF THEY HAD A DANCE OR A CATERING SERVICE FOR A WEDDING, WHERE ALCOHOL IS CONSUMED, THEN THERE WAS CONCERN THAT YOU WILL HAVE THE PROBLEM OF ALCOHOL CONSUMPTION AND PEOPLE DRIVING ON TO 290.

Mayor Garcia: SO WHAT ARE THEY GOING TO USE THIS FACILITY FOR.

ALL OF THE OTHER USES ALLOWED IN CS, THERE ARE SEVERAL, OVER 50 USES THAT ARE ALLOWED. THE PLANNING COMMISSION ONLY PROHIBITED 13 USES IF YOU WANTED TO ALLOW THE CS ZONING, CS-CO AS RECOMMENDED BY THE PLANNING COMMISSION, THAT WOULD ADDRESS THE NEIGHBORHOOD'S CONCERNS.

Mayor Garcia: LET ME WITHDRAW MY MOTION. I WILL TAKE THE FLOOR BACK, MINOR, I WILL ENTERTAIN A MOTION ON THIS ITEM.

Goodman: COULD I ASK A QUESTION OF ALICE FIRST, MAYOR? GARRY MAURO SURE, MAYOR PRO TEM.

Goodman: I DIDN'T SEE, MAYBE I JUST DIDN'T LOOK, FOR THE TRAFFIC COUNT LIKE A RESTRICTION TO 2000 OR LESS OR SOME OTHER NUMBER, WAS THERE -- WAS THERE ANY KIND OF CONDITION ABOUT NUMBER OF VEHICLE TRIPS?

YES, WE ARE LIMITING TRIP TO 2,000 TRIPS PER DAY.

Goodman: OKAY, I MISSED THAT ENTIRELY.

Glasgo: THAT WOULD BE PART OF THE PLANNING COMMISSION, THE ZONING AND PLATTING COMMISSION'S RECOMMENDATION. IT'S PROBABLY BURIED BACK TOWARDS THE FIRST BACKUP.

WYNN: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN?

WYNN: MS. GLASGO, TO CONFIRM, THE PLANNING COMMISSION RECOMMENDATION WAS FULLY ACCEPTED -- ACCEPTABLE TO THE NEIGHBORHOOD. THE APPLICANT HAD ONE ISSUE WITH THE PLANNING COMMISSION.

CORRECT.

RECOMMENDATION.

CORRECT. THAT WOULD BE THE PLANNING COMMISSION RECOMMENDATION WAS TO GRANT CS-CO LIMITING VEHICLE TRIPS TO 2,000 TRIPS PER DAY, PROHIBITING CONVENIENCE STORE AND AUTOMOBILE STORAGE AND INCLUDING THE FOLLOWING USES TO BE RESTRICTED: AGRICULTURAL SALES AND SERVICES, COCKTAIL LOUNGE, CONSTRUCTION SALES AND SERVICES, DROP OFF RECYCLING, EQUIPMENT REPAIR SERVICES, EQUIPMENT SALES, INDOOR ENTERTAINMENT AND THAT'S THE ONE THE APPLICANT WANTS TO BE ALLOWED. IF THE COMMISSION PROHIBITED THAT, THEN THE NEIGHBORHOOD IS HAPPY WITH THAT PROHIBITION. INDOOR SPORT AND RECREATION, LIQUOR SALES, PAWN SHOPS, PAWN SHOP SERVICES, RESIDENTIAL TREATMENT, SCRAP AND SALVAGE SERVICES, TRADITIONAL HOUSING WOULD BE THE LAST ONE. THOSE ARE THE USES THAT THE PLANNING COMMISSION WANTED TO PROHIBIT.

WYNN: MAYOR, I WILL MOVE APPROVAL OF THE PLANNING COMMISSION RECOMMENDATION.

Mayor Garcia: MOTION BY COUNCILMEMBER WYNN TO APPROVE THE PLANNING COMMISSION RECOMMENDATION. IS THERE A SECOND?

Thomas: SECOND.

Mayor Garcia: SECOND BY COUNCILMEMBER THOMAS.

Slusher: MAYOR, I HAVE A QUESTION ABOUT THAT. LET ME JUST SITE ANOTHER STATISTICS WHY YOU SHOULDN'T HAVE THE LIQUOR SALES OR THE USE THAT THE -- THAT THE PLANNING COMMISSION WOULDN'T ALLOW THAT ON. 58% OF THE COLLISION CAUSED IN THE 95 BLOCK -- 9500 BLOCK, WHICH WE HAVE ALREADY ESTABLISHED THAT HAS A VERY HIGH LEVELS OF COLLISIONS, THAT 58% OF THOSE ARE BETWEEN NOON AND 8:00 P.M. ON SUNDAYS. AND THAT WOULD BE A -- A -- A FREQUENT TIME THIS WOULD BE USED FOR RENTAL FOR ENTERTAINMENT PURPOSES. I WOULD THINK. SO I THINK THAT WE ARE MAKING THE RIGHT DECISION NOT PUTTING THAT THERE. AND NOT HAVING THAT TRAFFIC GOING ON TO 290 AT THAT TIME. WE ARE ALSO IN A SITUATION WHERE REALLY THE PROBLEM IS BEING CAUSED IN LARGE PART, I THINK, BY ANOTHER -- ADJOINING USE, SO WE DON'T WANT TO PUNISH THIS PROPERTY OWNER. BUT AT THE SAME TIME WE DON'T WANT TO ENDANGER THE PUBLIC SAFETY. SO MY QUESTION IS MS. GLASGO, WHEN THERE'S A LONG LIST HERE IN THE QUESTION AND ANSWER BACKUP. OF WHAT USES ARE PERMITTED UNDER THIS.

YES.

Slusher: I AM WONDERING, DID THE -- I THINK THE ANSWER IS NO, THE PLANNING COMMISSION OR THE DISAP, DID THEY HAVE THE -- OR ZAP, DID THEY HAVE THE BENEFIT OF KNOWING THIS INFORMATION ABOUT THE NUMBER OF COLLISIONS AND FATALITIES HERE WHEN THEY --

NO.

Slusher: LOOKED AT THESE USES.

Glasgo: NO, THEY DID NOT. NEITHER DID WE, SO THIS IS A -- THIS IS -- AS A RESULT OF -- YOUR MOTION LAST TIME TO ASK THAT WE LOOK INTO THE A.P.D. INFORMATION. WE FOUND THIS OUT AS A RESULT OF CHECKING WITH THEM. THE NEIGHBORHOOD HAD ALREADY CHECKED WITH A.P.D. ALSO DELAY I HATE TO DELAY --

Slusher: I HATE TO DELAY ANYTHING ANY FURTHER, BUT I'M THINKING IT MIGHT BE PRUDENT TO SEND THIS BACK TO THE PLANNING COMMISSION AND ASK THEM TO LOOK AT THEIR RECOMMENDATION WITH THE TRAFFIC DANGERS IN MIND TO SEE IF THEY WANT TO TAKE OUT ANY OF THESE OTHER RECOMMENDATIONS. I GUESS THAT WOULD BE BACK TO THE ZAP NOT THE PLANNING.

YEAH, IT WOULD BE ZAP. THE OTHER USES THAT ARE HERE WOULDN'T HAVE -- HAVE THE SAME CONCERNS. THEY WENT AHEAD AND PROHIBITED THE USE THAT THEY FELT WOULD --

WELL THE NEIGHBORHOOD FELT LIKE THAT. BUT THE NEIGHBORHOOD WAS RAISING THE TRAFFIC CONCERN AND THAT'S WHY WE LOOKED AT THE AS -- AS FOR THESE FIGURES, BUT TO ME THESE FIGURES RAISE SOME PRETTY SERIOUS CONCERNS. FOR INSTANCE, I CAN JUST LOOK ON HERE AND SEE SERVICE STATION. THAT'S A LOT OF IN AND OUT TRAFFIC. AT A SERVICE STATION, THAT COULD BE CREATING A UPON SAFETY PROBLEM -- A PUBLIC SAFETY PROBLEM. THEATER, SAME THING. THERE'S A NUMBER OF THEM. LIKE I SAID, I DON'T WANT TO GET IN A SITUATION WHERE YOU ARE PUNISHING A PROPERTY OWNER FOR THE TRAFFIC FROM THE ADJOINING USE, BUT WE HAVE TO TAKE THAT REALITY INTO CONSIDERATION. THIS -- DOES ANYONE AGREE WITH ME ABOUT SENDING THAT BACK? I WOULD -- OKAY. I WILL MAKE THAT A SUBSTITUTE MOTION.

Mayor Garcia: I'M GOING TO SECOND THAT.

Slusher: THANK YOU, MAYOR.

Mayor Garcia: DISCUSSION ON THE SUBSTITUTE MOTION? WE WILL VOTE ON THE SUBSTITUTE MOTION AND BASED ON THAT OUTCOME WE WILL DECIDE WHETHER WE GO TO THE MAIN MOTION OR NOT. ALL THOSE IN FAVOR OF THE SUBSTITUTE MOTION PLEASE INDICATE BY SAYING AYE.

AYE.

OPPOSED NO? MOTION CARRIES.

THANK YOU.

Mayor Garcia: ANY FURTHER INSTRUCTIONS THAT YOU NEED?

Glasgo: NO, MAYOR, I GOT IT, THANK YOU.

Mayor Garcia: THANK YOU. ALL RIGHT. ITEM NO. 39. PULLED BY COUNCILMEMBER SLUSHER. COUNCILMEMBER OWE CITY MANAGER DO YOU WANT TO PRESENT THAT TOPIC. IT WAS ALREADY PRESENTED DURING THE MORNING BRIEFING SESSIONS.

WE HAD THE BRIEFING THIS MORNING. SO ALL OF OUR STAFF IS HERE AND AVAILABLE TO ANSWER QUESTIONS. I THINK WHAT I WILL DO INSTEAD IS JUST TURN IT OVER TO THE COUNCIL DELIBERATION AND DISCUSSION AND BE AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

Mayor Garcia: LET ME SAY ON ITEM 92, WE HAD SEVERAL PEOPLE, SIX PEOPLE HERE TO SPEAK, BUT SINCE THIS ITEM IS GOING BACK WE WILL HOLD YOUR CARDS AND YOU CAN SPEAK AT THE TIME THAT THIS ITEM COMES BACK UP. COUNCILMEMBER SLUSHER, YOU PULLED THIS ITEM?

Slusher: WELL, MAYOR, WE HAD DISCUSSION ON THIS ALREADY. WHY DON'T WE HEAR FROM THE SPEAKERS. I MIGHT HAVE SOME QUESTIONS AFTER THAT.

Mayor Garcia: OKAY. ON ITEM NO. 39, SHATILLE DAVIS HAYNES, AND WELCOME. YOU WILL BE FOLLOWED BY MR. ORLANDIS.

THANK YOU, MAYOR, COUNCIL, MY NAME IS CLOTILLE DAVIS HAYNES, I'M A MEMBER OF THE AUSTIN BLACK CONTRACTORS ASSOCIATION. FIRST, I WOULD LIKE TO EXPRESS MY GRATITUDE TO THE M/W.B.E. ADVISORY COMMITTEE FOR THE LONG EFFORT AND TIME THAT THEY TOOK IN DISCUSSING AND STUDYING THIS ISSUE. AND ALSO TO THE COUNCIL M.B.E. SUBCOMMITTEE, SAME THING. A LOT OF TIME AND EFFORT HAS GONE INTO THIS. FOR QUITE SOME TIME, WE HAVE STRUGGLED IN THIS CITY WITH THE ISSUE OF MINORITY WOMEN BUSINESS PARTICIPATION AND CITY CONTRACTS. THE COURTS HAVE MADE THE BATTLE A LOT MORE DIFFICULT. AND WE APPRECIATE HOW THE CITY COUNCIL AND THE COMMITTEE'S AND THE STAFF HAVE WORKED TO LOOK TO NEW CREATIVE WAYS TO -- TO ENSURE DIVERSITY IN YOUR CONTRACT PROCESS HERE. NOW, NOT ONLY DOES THE CONSTRUCTION MANAGER AT RISK METHODOLOGY DELIVER WHAT WE BELIEVE TO BE THE BEST VALUE FOR THE CITY OF AUSTIN AND YOUR CITY HALL PROJECT AND FOR OTHER POTENTIAL PROJECTS IN THE FUTURE. NOT ONLY THAT, BUT IT ALSO GIVES YOU THE GREATEST AMOUNT OF FLEXIBILITY IN ENSURING DIVERSITY IN YOUR MAJOR PROJECTS. I WOULD LIKE TO ALSO SAY THAT IT IS PARTICULARLY JOYFUL, IF I CAN USE THAT WORD, THAT HERE WE HAVE AN ITEM THAT IS SUPPORTED BY ALL THE CONTRACTOR ASSOCIATIONS OR THOSE THAT HAVE EXPRESSED SUPPORT, AGC, THE BLACK CONTRACTORS, HISPANIC CONTRACTORS, ASIAN CONTRACTORS, THE WOMEN BUSINESS ORGANIZATIONS, ALL ARE IN AGREEMENT THAT THIS IS AN APPROPRIATE TOOL FOR THE CITY TO EXPLORE. I WOULD LIKE TO SPEAK TO AN ITEM THAT I DID HEAR COUNCILMEMBER WYNN MENTION THIS MORNING IN THE DISCUSSION WITH RESPECT TO THE GUARANTEED MAXIMUM PRICE. I HAVE BEEN INVOLVED IN SOME OF THESE CONSTRUCTION MANAGER AT RISK PROJECTS WITH OTHER GOVERNMENT ENTITIES. AND ONE REASON COUNCILMAN WYNN I THINK THAT THE ISSUE OF WHAT HAPPENS IF YOU REACH, IF YOU COME TO IMPASSE WITH YOUR CONSTRUCTION MANAGER AT RISK THAT'S BEEN SELECTED AFTER AN RFQ OR R.F.P. PROCESS, I THINK THAT THAT IS UNLIKELY, NOT IMPOSSIBLE, BUT UNLIKELY. BECAUSE IF PRICE IS THE ISSUE, IF YOU HAVE ALREADY TAKEN A LOOK AT QUALIFICATIONS, EXPERIENCE, EXPERTISE, YOU HAVE ALREADY REQUESTED A PRICE THROUGH THE R.F.P. PROCESS, YOU ARE GOING TO GET TWO OF THE TOP THREE PRICE ELEMENTS EARLY ON. MEANING THE COST FOR GENERAL CONDITIONS OF THAT CONSTRUCTION MANAGER AT RISK THAT YOU ARE LOOKING TO NEGOTIATE WITH. ALSO THE FEE FOR THAT CONSTRUCTION MANAGER AT RISK. THE ONLY OTHER MAJOR ELEMENT IS THE COST OF WORK. THE PRICE THAT WOULD BE PROPOSED BY YOUR SUBCONTRACTORS. MAY I FINISH THIS COMMENT?

Mayor Garcia: SURE.

I APPRECIATE THAT. ONCE YOU HAVE GONE THROUGH YOUR SELECTION PROCESS AND YOU ARE DOWN THE ROAD IN CONSTRUCTING YOUR PROJECT, THEN AT THE POINT THAT IT IS NOW TIME TO WHERE YOU CAN REVIEW THE PROPOSALS FROM YOUR SUBCONTRACTS, THE ONLY THING LEFT TO DO NOW IS TO ADD THAT TALLY TO WHAT THE OTHER TWO COST ITEMS THAT HAVE ALREADY BEEN PRESENTED TO YOU. GENERAL CONDITION AND FEE. SO WHAT -- SWITCHING TO ANOTHER CONSTRUCTION MANAGER AT RISK THAT PROPOSED OBVIOUSLY THAT'S AN OPTION OPEN TO YOU, BUT IT WILL PROBABLY NET YOU CLOSE TO THE SAME RESULTS BECAUSE AT THIS POINT YOU ALREADY HAVE ALL OF THAT INFORMATION. AND ARE JUST AT THE POINT OF JUST TRYING TO FINALIZE YOUR PRICE WITH YOUR SUBCONTRACTORS. BUT I WOULD RECOMMEND ANOTHER ITEM AND THAT IS PLEASE, IF YOU DO GO THIS ROUTE, THAT YOU WILL END VIOLATE YOUR CONSTRUCTION MANAGER AT RISK, WHOEVER YOU SELECT, TO ASSIST YOU IN BUILDING THIS PROJECT MORE THAN JUST OVERSEEING CONSTRUCTION, BUT MAYBE IN ACTUALLY EVALUATING OR ASSESSING YOUR BUDGET. ONCE AGAIN, AS MENTIONED EARLIER TODAY, THAT NORMALLY HAPPENS IN A NORMAL -- NOT NORMAL, BUT IN THE USUAL CONSTRUCTION MANAGER AT RISK PROCESS THAT MANAGES ON BOARD EARLY ON WITH YOUR DESIGNERS HELPING TO FIGURE OUT BUDGET. YOU ARE PRETTY FAR DOWN THE LINE ON THIS PROJECT. BUT THERE'S STILL AN OPPORTUNITY TO INVITE THAT COMPANY TO HELP YOU IN ASSESSING THAT BUDGET. IT MAY TAKE A BIT MORE TIME, MAY COST A BIT MORE MONEY. BUT AT LEAST YOU ARE -- YOU ARE GIVEN INFORMATION ABOUT CONSTRUCTABILITY, WHICH IS OFTEN THE MISSING ITEM FROM A DESIGN STANDPOINT. SO ANYWAY, JUST TO CONCLUDE, WE DO SO MUCH APPRECIATE THE HARD WORK OF THE COMMITTEES OF THE COUNCIL SUBCOMMITTEE, OF THE CITY STAFF IN LOOKING FOR CREATIVE WAYS TO GET US ALL INVOLVED. SO WE CERTAINLY HOPE THAT YOU DO GO WITH YOUR CONSTRUCTION MANAGER AT RISK OPTION. THANK YOU.

Mayor Garcia: THANK YOU, MS. HAYNES. I WOULD ASK ALL OF YOU TO MAYBE SPEAK LESS THAN THREE MINUTE SO WE CAN MAKE UP FOR THE TIME DIFFERENCE.

SURE. MAYOR, COUNCILMEMBERS, THANK YOU. I JUST WANT TO TALK ON THE COMPETITIVE SEALED PROPOSAL IN RESPECT TO THE SUBCONTRACTORS. I THINK WHEN THE DELIVERY METHOD OF GOING WITH THE SUBTRADES AS A PROPOSAL YOU GET NOT ONLY VALUE AND PRICE, BUT ALSO ON THE TECHNICAL END OF IT. ASPECT OF THAT -- OF THAT. AND THAT ALLOWS THE MAJORITY OF THE M.B.E. W.B.E. SUBCONTRACTORS TO TEAM UP AS HAS BEEN SUCCESSFUL ON SOME OF THE OTHER PROJECTS WITH THE UNIVERSITY OF TEXAS AND SO FORTH. BUT YOU ARE ALLOWED TO TEAM UP IN THE SECOND AND THIRD TIER AND YOU ARE ABLE TO LOOK NOT ONLY AT PRICE BUT ALSO THE TECHNICAL ASPECT AND THE TEAM ASPECT OF IT. WHICH I THINK WILL GIVE US AS A CITY AS A WHOLE THE MAXIMUM AT LEAST OPPORTUNITY TO PARTICIPATE ON THIS PARTICULAR PROJECT. ALSO, SPEAKING ON PRICING, I DON'T KNOW, I DON'T THINK THAT I WOULD WANT A PRICE KNEW ON WORK THAT'S GOING TO BE DONE IN 2004. SO YOU CAN BREAK OUT THOSE BID PACKAGES, DIFFERENT STAGES OF THE PROJECT. WHERE YOU ARE ABLE TO EVALUATE THOSE NUMBERS A LOT BETTER THAN SOMEBODY PUTTING IN A FACTOR WHAT'S GOING TO HAPPEN TWO YEARS FROM NOW. LAST BUT NOT LEAST WOULD BE THE -- WHEN YOU COMPARE APPLES TO APPLES, YOU WOULD WANT TO HAVE A -- HAVE A BASIC BID PROPOSAL FORM THAT NEEDS TO BE SUBMITTED. INSTEAD OF FAXING THEM IN, HAVE THEM DELIVERED IN. AS THEY DO WITH THE OTHER CM RISK PROJECTS. THAT'S WHAT I WANTED TO ADD. THE HISPANIC CONTRACTORS SUPPORT CM AT RISK, ESPECIALLY FOR THIS PARTICULAR PROJECT. THANK YOU.

THANK YOU, MR. HERNANDEZ, ADRIAN L. NEELEY, FOLLOWING MR. NEELEY, CHARISE PHILLIPS, THE LAST SPEAKER WILL BE MR. FRANKLIN.

MR. MAYOR, COUNCIL MEMBERS, CITY STAFF, I'M ADRIENNE NEELEY. AND I AGAIN I HAVE COME BEFORE YOU TO ADDRESS THIS PARTICULAR DELIVERY METHOD. IN FINALITY, I WOULD JUST LIKE TO SAY HERE WE ARE FACED WITH AN OPPORTUNITY TO FOLLOW A PATH THAT WE HAVE NOT GONE DOWN BEFORE. SURELY IT WILL BE IN -- A LEARNING EXPERIENCE. OUR GENERAL NATURE AS HUMAN BEINGS IS TO FOLLOW THE PATH OF LEAST RESISTANCE. HERE WE HAVE AN OPPORTUNITY TO FOLLOW A PATH THAT MAY BLAZE ANOTHER TRAIL FOR THE IMPROVEMENT OF THE CITY OF AUSTIN. HERE WE HAVE A PILOT PROJECT ONLINE COMING ONLINE WHERE YOU HAVE A COMPANY HE'SIVE EFFORT -- COHESIVE EFFORT BY MANY MEMBERS OF THE AUSTIN COMMUNITY WHO HAVE DEDICATED THEMSELVES TO COME TOGETHER TO PERFORM A PROJECT OR TO DELIVER A PROJECT THAT -- THAT THE CITY OF AUSTIN COULD BE PROUD OF. WE APPRECIATE YOUR CONSIDERATION ALONG THESE LINES AND THIS PARTICULAR DELIVERY METHOD THAT WE HAVE SUGGESTED TODAY. WE APPRECIATE THE EFFORTS OF THE SUBCOMMITTEE, THE ADVISORY COMMITTEE, THE STAFF AND BUT MOST IMPORTANTLY THE BUSINESS COMMUNITY. WE ASK FOR YOUR SERIOUS CONSIDERATION ALONG THESE LINES AND THANK YOU FOR YOUR SUPPORT.

Mayor Garcia: THANK YOU, MR. NEELEY. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS] (TIME 4:00 P.M.) [ TIME IS 4:03 P.M. ]

WHEN COMPARING COMPETITIVE BIDDING TO COMPETITIVE PROPOSALS AND INSTRUCTIONAL MANAGER AT RISK, THERE WERE DIFFERENT PROCESS STEPS DURING THE SOLICITATION AND AWARD PERIOD THAT ADDED A LITTLE BIT OF TIME WITH EACH OF THOSE METHODS. THE BIDDING TYPICALLY TAKES US ABOUT 15 WEEKS FROM STARTING OUR SOLICITATION TO PERCEIVED CONSTRUCTION. THERE ARE EXTRA STEPS WITH SEALED PROPOSALS AND THE EVALUATIONS AND THE NEGOTIATIONS WITH THE SUCCESSFUL FIRM, AND WE THINK WE HAVE FIVE WEEKS WITH THAT PROCESS AND TAKE US UP TO 20 WEEKS WITH CONSTRUCTION MANAGER AT RISK. WE HAVE SOME ADDITIONAL PROCESS STEPS IF WE BREAK IT INTO A TWO-STEP SOLICITATION, AND IF WE, FOR THE PERIOD WHERE WE NEGOTIATE WITH OR BRING THE CONTRACTORS ONBOARD, AND WE THINK THAT THAT WOULD TAKE THE TOTAL PROCESS UP TO 33 WEEKS. THAT IS JUST FOR THE SOLICITATION AND AWARD PERIOD. THERE MAY BE OPPORTUNITIES AFTER THAT AND AFTER WE HAVE THE CONSTRUCTION MANAGER ON BOARD, OR THE GENERAL CONTRACTOR, EVEN UNDER COMPETITIVE SEALED PROPOSAL TO NEGOTIATE IN THE AREA OF SCHEDULE.

SO THAT'S THE DIFFERENCE BETWEEN COMPETITIVE BIDDING AND THIS METHOD IS 18 WEEKS, 4 1/2 MONTHS?

THAT'S CORRECT.

OKAY. WOULD THAT BE TRUE IF WE HAD DONE THIS METHOD FROM THE BEGINNING OF THIS PROJECT?

UNDER THE NORMAL PROCESS THAT'S CONTEMPLATED FOR CONSTRUCTION MANAGER AT RISK, IT WOULD BE DONE EARLY IN DESIGN AND CONCURRENT WITH DESIGN SO WE WOULD NOT HAVE THE SAME SCHEDULE IN EFFECT.

OKAY. AND DO YOU EXPECT TO GAIN ANYTHING ON THE BACK END OF IN THAT WOULD SHORTEN THAT AMOUNT?

COUNCIL MEMBER, ACTUALLY, THERE IS ONLY SO MUCH YOU CAN DO OVER A CERTAIN AMOUNT OF TIME, SO THE SCHEDULE RIGHT NOW FOR THE CITY HALL PROJECT IS FOR 15 MONTHS, FROM NOTICE TO COMPLETE TO THE SUBSTANTIAL COMPLETION, AND THEN AN ADDITIONAL UP TO THREE MONTHS IN ORDER TO START OCCUPYING THE BUILDING. THERE ARE A NUMBER OF THINGS WE HAVE TO DO, IN THE MEANTIME, INCLUDING COMPLETION AND SOME OTHER THINGS. WHILE THERE MAY NOT BE A LOT OF OPPORTUNITY TO SHORTEN THAT TIMEFRAME, ITSELF, BECAUSE IT IS ALREADY A FAIRLY AGGRESSIVE SCHEDULE, WHAT THE CONSTRUCTION MANAGER AND RISK SCENARIO MAY POSSIBLY ACCOMPLISH IS THEY ARE IN A POSITION WHERE THEY CAN WORK WITH THE DESIGN TEAM IN AN OPERATIVE FASHION BEFORE THE ESTABLISHMENT OF THE GUARANTEED MAXIMUM PRICE, THAT WE ELIMINATE SOME POTENTIAL FOR CHANGE ORDERS THAT OTHERWISE MAY LEAD TO LEGITIMATE TIME EXTENSIONS. SO I THINK IT GIVES US A POTENTIALLY GREATER OPPORTUNITY TO MAKE SURE THAT THERE'S NO ADDITIONAL TIME REQUIRED OVER THE ORIGINALLY CONTRACTED TIME PERIOD.

OKAY. SO BASICALLY, YOU MIGHT NOT GAIN ANY, BUT YOU'RE SAYING IT'S LESS LIKELY TO HAVE TIME OVERRUN?

THAT'S WHAT I WOULD -- YES.

OKAY, OKAY. THEN WITH THE COMPETITIVE SEALED BIDS JUST VERSUS THE TRADITIONAL COMPETITIVE BIDDING, THAT'S ONLY A FIVE-WEEK DIFFERENCE, AND THAT'S THE ONE THE CITY MANAGER RECOMMENDED. I KNOW YOU'VE GOTTEN SOME ADDITIONS ON TO THE CONTRACTOR AT RISK, CONSTRUCTION MANAGER AT RISK, SO IT MAKES ME FEEL BETTER ABOUT THAT. WAS THE TIME ONE OF THE MAJOR FACTORS IN THAT STAFF RECOMMENDATION, OR WERE THERE OTHER FACTORS, AS WELL?

TIME, CERTAINLY, WAS A CONSIDERATION, AND OF COURSE, THE FACT THAT THIS IS A NEW OPPORTUNITY FOR US AS FAR AS THE CONTRACTING METHODS OR CONTRACT PROCUREMENTS METHODS ARE CONCERNED THAT ARE NOW ALLOWED UNDER SENATE BILL 510. GIVEN WHERE THIS PROJECT IS, WE FELT THAT THE PROCESS BEING NEW, IT WOULD PROBABLY BE BENEFICIAL TO GO WITH THE RECOMMENDED VERSION BECAUSE IT ALLOWS US A RELATIVELY MINOR ADJUSTMENT TO OUR CURRENT CONTRACT PRACTICES, BUT -- AND KEEP THE TIMEFRAME RELATIVELY CLOSE. HOWEVER, WHAT YOU WOULDN'T HAVE IS THE SAME KIND OF OUTLOOK ON THE POSSIBILITY FOR ADDED CHANGE ORDERS TO THE PROJECT DIRECTION.

OKAY. I WILL YIELD THE FLOOR, MAYOR.

Mayor: FURTHER QUESTIONS FROM FOR THE STAFF?

MAYOR?

Mayor: COUNCIL MEMBER?

FOR THE 33 WEEKS IT WOULD TAKE TO -- FOR NOTICE TO PROCEED WITH THE CONSTRUCTION MANAGER AT RISK PROCESS, DOES THAT INCLUDE THE TIME FOR US STAFF TO GO OUT AND HIRE A CONSULTANT TO BE ON OUR SIDE OF THE TABLE DURING THOSE NEGOTIATIONS?

THAT IS CORRECT.

AND SO, ESSENTIALLY, SO THE CALENDAR IS WITH STAFF RECOMMENDATION OF DOING THE COMPETITIVE FIELD PROPOSAL, WE COULD BE GIVING THE NOTICE TO PROCEED IN DECEMBER, AND IF WE DID THE CONSTRUCTION MANAGER AT RISK, WE WOULD LIKELY ARE DOING THAT IN EARLY MAY.

WE WERE CONTEMPLATING TO BRING THE CONSTRUCTION CONTRACTOR AWARD UNDER THE COMPETITIVE SEALED PROPOSALS TO COUNCIL IN DECEMBER WITH A NOTICE TO PROCEED DATE IN -- THAT WAS THE ORIGINAL SCHEDULE. WE WOULD TRY TO KEEP IT THAT WAY, BUT IT WOULD STILL RESULT IN AN ORDER TO RECEIVE WITH THE POTENTIAL START OF CONSTRUCTION DATE IN JANUARY OF 2003.

OKAY.

AND WE WERE GOING TO CONTEMPLATE COMPLETION OF CONSTRUCTION IN JUNE OF 2004, AND SO IF YOU HAD THE 4 1/2 MONTH PERIOD, YOU ARE LOOKING AT, IN FACT, MAY OF 2003, AND THE SAME EXTENSION ON THE TAIL END.

OKAY, AND SO FOR -- I GUESS WE'RE GOING TO HAVE TO CLOSE UP THE SITE. I'M STILL VERY FRUSTRATED THAT EVEN IF WE WERE TO DO A FIELD COMPETITIVE BID, WE'RE GOING TO HAVE THAT SITE MOTH BALLED FOR 15 WEEKS. I MEAN, THERE'S A SCENARIO NOW THAT WE, I GUESS, RENT BARRICADES AND JUST CLOSE THAT BIG HOLE UP NOW FOR 8 1/2 MONTHS UNTIL IT JUST SO HAPPENS THAT WE HAVE A COUNCIL ELECTION, AND WE MIGHT TAKE THEM DOWN NEXT YEAR. FOR A PROJECT THAT HAS BEEN GOING SO SMOOTHLY AND TO BE ON BUDGET AND ON TIME, WHEREAS NOW TO MOTH BALL IT FOR EIGHT MONTHS, OUT THERE AT CAESAR CHAVEZ AND COLORADO, YOU KNOW, THE TROUBLE IS BREWING. I JUST SEE IT JUST COULDN'T BE A, YOU KNOW, A -- THE ISSUE FOR THE PRESS TO COMPARE OUR CONSTRUCTION MANAGEMENT EXPERTISE TO THAT OF THE COUNTY'S. PERHAPS SHOWING THAT THE COUNTY CAN CONTINUE A PROJECT EVEN THOUGH THEY'RE SPENDING MORE MONEY THAN THEY HAD BUDGETED, THEY AT LEAST DON'T, YOU KNOW, SHUT A PROJECT DOWN FOR EIGHT MONTHS. YOU KNOW, OBVIOUSLY, CONSTRUCTION MANAGER AT RISK, IF THE PRIVATE SECTOR'S BEEN DOING IT FOREVER AND THE CITY -- IT WILL BE TO OUR ADVANTAGE TO CONTINUE TO DO THAT IN THE FUTURE, AND IT'S A GREAT PIECE OF LEGISLATION. IT'S ENABLING FOR THE CITY. IT GIVES US MORE FLEXIBILITY TO BUILD A PROJECT ON SEVERAL DIFFERENT -- WITH SEVERAL DIFFERENT MECHANISMS. I'M REAL CONCERNED ABOUT, YOU KNOW, THE -- AND OBVIOUSLY, THE CITY'S GOING TO HAVE TO LEARN AT SOME POINT. THERE WILL HAVE TO BE SOME PROJECT THAT WE GET UP TO SPEED ON AND WE RAMP UP ON, YOU KNOW, BUT THERE'S SO MUCH ADVANTAGE TO CONSTRUCTION MANAGER AT RISK, AND OF COURSE, ALSO DESIGN-BUILD WHEN IT'S AT THE BEGINNING OF THE PROJECT, THAT IS, WE BRING THE ENTIRE TEAM ON BOARD. I'M JUST REAL CONCERNED ABOUT HAVING THIS SHUTDOWN FOR THIS PERIOD OF TIME, EVEN THOUGH CLEARLY AT RISK IS THE FUTURE OF WHAT WE'LL BE DOING FOR FUTURE PROJECTS, BUT THIS CALENDAR REALLY HAS ME -- GIVES ME SOME CONCERN. THAT'S ALL, MAYOR.

MAYOR?

Mayor: COUNCILMAN.

YOU MENTIONED SOMETHING ABOUT START DATE IN JANUARY FOR IF WE TAKE STAFF'S PROPOSAL FOR THE BID, AND THEN YOU MENTIONED MAY FOR CONSTRUCTION MANAGER AT RISK. ALTHOUGH, IF YOU REALLY COMPARE -- LOOK AT YOUR ANALYSIS, THERE'S A 13-WEEK DIFFERENCE, TWO MONTHS.

18 COUNCIL MEMBER, I'M SORRY. THE DIFFERENCE BETWEEN THE TWO IS 18 WEEKS.

I YIELD THE FLOOR FOR NOW, MAYOR.

I'M SORRY, YOU'RE COMPARING BETWEEN THE TWO PROPOSALS.

HIS PROPOSAL AND THE AT RISK.

THREE MONTHS.

SO MOVED, MAYOR.

Mayor: IS THERE A SECOND?

SECOND.

Mayor: SECOND.

MAYOR, I THINK THE ONLY THING I WOULD TRY TO CLARIFY HERE IS THAT WE HAD TWO DIFFERENT RESOLUTIONS PRESENTED TO US TODAY, AND WE'RE -- I THINK WE'RE BEING ASKED TO VOTE ON IS THE ONE THAT THE CITY AT THE VERY BOTTOM, CITY HALL RESOLUTION, 11:20 A.M. JUST TO BE CLEAR BECAUSE THERE WAS A PREVIOUS VERSION.

Mayor: YEP.

IN CLOSING, THE ONLY THING I WOULD SAY IS THE ONLY ISSUE YOU WANT TO LOOK AT IS TIMING, YOU KNOW, THEN, YOU SHOULD CONSIDER OTHER OPTIONS. IF YOU WANT TO LOOK AT WHAT WOULD BE THE BEST VALUE FOR THE CITY, THEN, AGAIN, CM AT RISK IS WHAT PROVIDES THE BEST OPPORTUNITY TO DO THAT. I THINK, AGAIN, FOR A SIGNIFICANT PROJECT LIKE THIS, WE SHOULD LOOK AT WHAT'S GOING TO BE THE BEST VALUE FOR THE CITY. IF IT TAKES TWO OR THREE MONTHS EXTRA, I'M WILLING TO WAIT TWO OR THREE MONTHS, BUT I THINK IT'S -- THERE'S CERTAINLY A LOT OF DIFFERENT ISSUES TO FACTOR IN.

Mayor: I THINK THE OTHER THING IS WHEN WE'RE GOING TO START PROJECTS IF WE INTEND TO USE THIS, WE OUGHT TO START THE PROCESS ON SELECTING A PROJECT MANAGER. WE DON'T HAVE TO GO THROUGH THIS. I THINK THE CONCERN THAT COUNCIL MEMBERS EXPRESSED ARE VALID, BUT I THINK THERE'S A BETTER WAY TO DO THIS PROJECT FOR A VARIETY OF REASONS, AND I HOPE THAT EVERYBODY SUPPORTS IT. OTHER DISCUSSIONS?

MAYOR?

Mayor: COUNCIL MEMBER.

I WANT TO SAY, UNFORTUNATELY, I CAN'T SUPPORT THIS. I'M FULLY SUPPORTIVE OF CM AT RISK, AND I WANT TO USE IT ON EVERY PROJECT IN THE FUTURE, BUT THE FACT THAT WE DIDN'T START THIS PROJECT WITH IT AND IT'S GOING TO COST US FOUR MONTHS SHUTDOWN NEXT SPRING, I'M RELUCTANT TO DO IT, BUT I HAVE TO VOTE NO, AND I WILL BE SUPPORTIVE OF US USING CM.AT.RISK AS WE BEGIN ALL FUTURE PROJECTS.

I HAVE SIMILAR CONCERNS TO COUNCIL MEMBER WYNN, WHICH I THINK IF WE ARE GOING TO DO IT ON THIS, WE SHOULD HAVE STARTED IT FROM THE FIRST. I PREFER WE TRY IT ON SOMETHING SMALLER FIRST BECAUSE THIS IS THE FIRST TIME THE CITY'S DOING IT, AND THE EXTRA 18 WEEKS, FOUR MONTHS OF DELAY, THAT'S JUST TOO MUCH. THAT DEFINITELY FACTORS INTO MY BEST VALUE CONSIDERATION. I CAN'T SUPPORT IT EITHER. EVEN THOUGH I SUPPORT THE GOALS.

Mayor: FURTHER COMMENTS, QUESTIONS?

YES, MAYOR, BRIEFLY.

Mayor: MAYOR PRO TEM.

I THINK THAT PROBABLY NOBODY WANTS THIS PROJECT TO BE FINISHED AS QUICK AS I DO. I'M WITH THE MAJORITY OF ALL THE FOLKS WHO HAVE BEEN A PART OF IT, AND I DON'T THINK WE SHOULD ASSUME THAT, QUOTE, SHUTDOWN IS FOR AS LONG AS WORST CASE SCENARIO WOULD IMPLY. IT'S ALSO NOT A LITERAL SHUTDOWN. THERE ARE OTHER THINGS THAT CAN BE WORKED ON, WHETHER OR NOT WE SEE A CRANE WORKING. BUT WITH THIS PROJECT, MOST ESPECIALLY, WITH THIS BEING SUCH HIGH-PROFILE AND VERY SPECIFICALLY OFF PROJECT WHERE EVERYBODY WAS SUPPOSED TO BE A PART OF THIS AND HAVE OWNERSHIP IN IT FROM NOW UNTIL THE END OF TIME, JUDGING BY THE LENGTH OF TIME IT TAKES TO US CHANGE CITY HALL, SO EVERYBODY WHO'S WALKING BY THIS FACILITY IN THE FUTURE WITH THEIR CHILDREN, GRANDCHILDREN, OR GREAT GRANDCHILDREN WILL BE ABLE TO SAY MY PART OF BUILDING THAT WAS SO ON. IF WE CUT OUT THAT ABILITY, THAT'S A DISSERVICE TO THE FOLKS AND TO THE FUTURE INDIVIDUALS. I WISH WE HAD STARTED THIS PROCESS EARLIER. WE HAVE BEEN IN A LETHARGIC STATE IN SEVERAL WAYS. SO NOW OUR JOB IS TO GET BACK TO THE VISION AND ALL OF THE ASPECTS AND TRY TO MAKE SURE THAT ANY DELAY OR ANY FORESEEN LULL IN ACTUAL CONSTRUCTION OR FINISHING IS AS SHORT AS POSSIBLE, AND I THINK THE FOLKS WILL DO THEIR BEST TO MAKE SURE THAT HAPPENS.

Mayor: I WANT TO THANK STAFF AND THE COMMITTEES AND THE CONTRACT ASSOCIATION FOR PUTTING THIS THROUGH. I HOPE THAT EVERYTHING WILL BE DONE EXPEDITIOUSLY, AND I HOPE THAT THOSE TIME PERIODS WILL BE REDUCED SO WE CAN GET ON. THERE BEING NO FURTHER DISCUSSION, ALL THOSE IN FAVOR SAY AYE. ALL THOSE OPPOSED, NO. THE MOTION CARRIES IN A VOTE OF 5-2. [ APPLAUSE ] COUNCIL MEMBERS LUSHER AND WYNN VOTING NO. OKAY. MISS GLASGO, WE'RE READY TO GET TO ZONING. YOU DIDN'T THINK WE WOULD GET THERE, DID YOU?

I KNEW WE WOULD. ALICE GLASGO, DIRECTOR OF PLANNING DEPARTMENT. OUR ZONING CASES FOR TODAY ARE AS FOLLOWS C14-02-THIS IS 124 WEST 8th STREET. THIS IS FROM CENTRAL BUSINESS DISTRICT TO CENTRAL BUSINESS DISTRICT WITH THE HISTORIC DESIGNATION. THE DESIGNATION IS RECOMMENDED BY BOTH THE HISTORIC LANDMARK COMMISSION AND THE ZONING AND PLATTING COMMISSION. THIS CASE IS READY FOR ALL THREE READINGS FOR CBD-H ITEM NUMBER Z-2, KRULWICH C14-02-0020, LOCATED 9414-9416 ANDERSON MILL ROAD, THE CHANGE OF ZONING IS INTERIM-RURAL RESIDENTIAL TO LR-CO WITH CONDITIONAL OVERLAY. THE PLATTING COMMISSION IS TO GRANT LR-CO WITH CONDITIONAL OVERLAY. THAT CONDITION OVER THE PLANNING COMMISSION OF PROPOSED HAD USES THAT SHOULD NOT HAVE BEEN INCLUDED UNDER THE FAIR HOUSING ACT, AND THE USES WE WOULD LIKE TO ELIMINATE FROM THAT CONDITIONAL OVERLAY ARE FAMILY HOMES AND ALL THE GROUP HOME CLASSIFICATIONS. SECONDLY, THE NEIGHBORHOOD ASKED THAT WE ADD ONE MORE CONDITIONAL OVERLAY, WHICH WOULD BE TO PROHIBIT FAST FOOD RESTAURANTS, DRIVE-INS AS A PROHIBITED USE. THE APPLICANT HAD ASKED NOT TO DEDICATE RIGHT OF WAY. WE'RE NOT REQUIRING THAT RIGHT OF WAY BECAUSE NEGOTIATIONS HAVE BEEN UNDERWAY TO PURCHASE THE RIGHT OF WAY, AND THE CONTRACTOR HAS BEEN SIGNED TO ACQUIRE THE LAND THAT IS NEEDED TO EXPAND THE ROAD. THEREFORE, WE'RE DELETING THE REQUIREMENT FOR RIGHT OF WAY DEDICATION. WITH THAT, THIS CASE WILL BE READY ON FIRST READING WITH THOSE CHANGES. ITEM NUMBER Z-3, C14-02-0071SH, STAFF IS REQUESTING POSTPONEMENT UNTIL SEPTEMBER 26th. THIS IS THE FIRST REQUEST. Z-4, C14-02-0076, LOCATED AT 12008 AND 12010 POLLYANNA AVENUE, THE APPLICANT WANTS A POSTPONEMENT UNTIL SEPTEMBER 26th. THIS IS THE APPLICANT'S SECOND REQUEST, AND HIS REASON FOR THE POSTPONEMENT REQUEST IS BECAUSE OF A VALID PETITION OF 35%. WOE LIKE ADDITIONAL TIME TO CONTINUE NEGOTIATING WITH THE PETITIONER. Z-5, C14-02-0099, LOCATED AT BIG VIEW DRIVE, THE APPLICANT IS SEEKING A CHANGE FROM LA, WHICH STANDS FOR LAKE AUSTIN, TO P, PUBLIC. THIS CASE IS READY FOR ALL THREE READINGS AS RECOMMENDED BY THE ZONING AND PLATTING COMMISSION. THAT CONCLUDES MY PRESENTATION OF THE ZONING CASE.

OKAY, THANKS.

Z-1 ALL THREE READINGS. Z-2, FIRST READING WITH AN ADDITIONAL PROHIBITION OF FAST FOOD RESTAURANT DRIVE-IN, AND THERE'S NO RIGHT OF WAY DEDICATED OR REQUESTED. Z-3 AND Z-4, BOTH POSTPONED, OR REQUEST TO BE POSTPONED UNTIL THE 26th, AND CZ-5 IS ALL THREE.

I WOULD LIKE TO INDICATE THAT THE ZONING COMMISSION ALLOWED THE PROHIBITION OF FAMILY HOMES AND THE GROUP CLASSIFICATION WHICH CANNOT BE PROHIBITED UNDER THE STATEHOUSEING ACT.

OKAY, ON Z-2, WE HAVE LINDA FINLEY, WHO IS SIGNED UP NOT TO SPEAK, BUT TO SHOW SUPPORT. ALSO, Z-2, WAYNE TABIAS DOES WISH TO SPEAK. [ INAUDIBLE COMMENTS ]

OKAY. THEN WE DON'T HAVE -- YEAH, WE DO. MARGARET JOYNER. OH, HERE YOU ARE. OKAY. I GOT ANOTHER ONE. THAT'S ALL ON EVERYTHING. SO WHY DON'T WE GO TO THE SPEAKERS SIGNED UP FOR Z-4, AND I'LL START WITH -- I'M NOT SURE WHO IS FIRST IN LINE, ACTUALLY. SO I WILL JUST START WITH WAYNE.

I THINK RIGHT NOW WE MAY BE ADDRESSING MORE THE ISSUE OF WHETHER TO POSTPONE THIS OR NOT. I'M WAYNE TABIAS, I'M THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION. I WAS HERE, I BELIEVE, IT WAS TWO WEEKS AGO ON THE 22nd FOR THE SAME ISSUE WHEN IT WAS POSTPONED THE DAY OF OR JUST PRIOR TO. TODAY, IT WAS POSTPONED AGAIN THE DAY OF. I HAD NEIGHBORS LINED UP TO COME DOWN HERE WHO LIVE NEAR THE PREMISES OR RIGHT NEXT DOOR TO THE PREMISES. THEY'RE GOING TO THE ZONING CHANGE TO SPEAK. WHEN I FOUND OUT ABOUT THE CHANGE IN THE POSTPONEMENT, OR THE POSSIBLE POSTPONEMENT, I CAN PROBABLY PRESENT MUCH OF WHAT THEY WERE GOING TO SAY ANYWAY. WHAT'S GOING DOWN RIGHT NOW IS A LETTER OF SOMEONE WHO WILL NOT MAKE IT TONIGHT, SO THEY MAKE IT IF WE DO POSTPONE, BUT THE ISSUES WILL BE THE SAME. THE BOTTOM LINE IS, THIS PROPERTY IS GOING FOR A ZONING CHANGE FROM AN SF-1 TO SF-3. THEY DO WANT TO PUT A DUPLEX ON. ONE DUPLEX PER LOT. THE BOTTOM LINE IS, THEY CAN'T REALLY BUILD ON THE LOT FOR ANOTHER, PROBABLY, YEAR AND A HALF TO TWO YEARS BECAUSE WE ARE GETTING SEWERS IN THE LAND, AND THEY DO PLAN TO USE THE PROPERTY FOR OTHER PURPOSES. I WOULD REQUEST THE COUNCIL DO NOT ALLOW THE POSTPONEMENT TONIGHT. ONE YEAR IS THE LIMIT. THEY CAN COME BACK AGAIN AND REQUEST ANOTHER REZONING AT THAT POINT. BY THEN, THEY MIGHT HAVE THE SEWER SYSTEM IN, AND WE CAN START ALL OVER AGAIN. I WOULD LIKE TO USE SOME OTHER TIME IF YOU CHOOSE TO GO AHEAD AND POSTPONE.

OKAY. YOU STILL HAVE 1:23 MINUTES.

IN REGARD TO THE ACTUAL UNIT, THE NEIGHBORHOOD FINDS THAT THE LOTS IN THE AREA, NUMBER ONE, WERE SUBDIVIDED IN 1973. THIS WAS A LOT. THEY WERE SUBDIVIDEED FROM FIVE LOTS INTO SIX LOTS. I BELIEVE THAT WAS '7 IT 2. LET ME CORRECT MYSELF. THE LOTS ARE NARROWER. THE QUESTION I HAVE OR NEEDS TO BE ASKED IS, WHEN WE WENT THROUGH THE NEIGHBORHOOD PLANNING, THE NORTH LAMAR STUDY, THAT'S OUR NEIGHBORHOOD PLAN RIGHT NOW. IT'S VERY IMPORTANT AND DEAR TO US. WE FELT THAT THE OTHER TWO LOTS THAT ARE LEFT OPEN WERE THERE FOR A REASON. RIGHT NOW, THE REASONS WE SEE ARE SAFETY. THE STREET IN FRONT OF THESE LOTS ARE VERY NARROW, AND IF WE ALLOW ANY MORE PARKING ON THE STREETS, YOU WON'T BE ABLE TO GET EMERGENCY VEHICLES BEYOND THOSE STREETS, WHICH IS THE ONLY WAY THEY CAN GET DOWN THE FREEWAY IF THERE WAS A FIRE ON WALNUT CREEK. AND THE ENVIRONMENT, RIGHT NOW, IF YOU WERE TO BUILD THE PARKING LOTS ON THESE LOTS, WE'D END UP WITH POSSIBLE A LOT MORE WATER RUNOFF GOING INTO WALNUT CREEK AND THE ADJOINING, I BELIEVE, IT'S THE CREEK RIGHT BEHIND THE PROPERTY THAT THEY'RE GOING TO BE BUILDING ON. ALLOWING SF-3 ZONING BECAUSE THERE ARE COMPLEXES ARE THERE, THAT'S NOT A VALID REASON FOR REZONING. IF THAT'S THE CASE, WE WOULD HAVE TO REZONE ALL THE LOTS THAT ARE HOUSING DUPLEXES. WE HAVE HOUSES THAT ARE ALSO SF-1. RIGHT NOW, I WOULD LIKE TO PROPOSE THAT YOU DO NOT VOTE TO POSTPONE THIS MEETING.

OKAY. THANK YOU.

MARIA ALFEDO. DO YOU NOT WISH TO SPEAK IF IT'S POSTPONED? WELL, WHY DON'T YOU GO AHEAD AND SPEAK. YOU SAY YES IF IT'S NOT POSTPONED. WELCOME.

BUENOS NACHOS. I JUST BOUGHT A PROPERTY IN 1999, AND I'M GOING TO BE ACROSS THE STREET FROM THE DUPLEXES, AND I WAS APPROACHED BY MR. TABIAS AND ANOTHER PERSON ACROSS THE STREET. I DON'T REMEMBER HIS NAME, BUT THEY ALL STATED THAT THERE WERE GOING TO BE A BUNCH OF APARTMENTS BUILT CATICORNER FROM MY PROPERTY, AND THE PARKING LOT WOULD BE ONE OF THE PROBLEMS, AND I WENT BEFORE THE, I THINK, IT WAS THE PLANNING COMMISSION AND TOLD THEM THAT I WAS AGAINST IT. LATER, WHEN I TALKED TO MR. MIKE VERNE, WHO IS THE OWNER THAT WANTS TO BUILD THOSE DUPLEXES, AND HE EXPLAINED WHAT HE'S GOING TO DO WITH IT, I WAS TOTALLY IN FAVOR OF IT. AND I HAVE SEEN A PICTURE AND MIKE VERNE IN THE NEIGHBORHOOD. I BOUGHT THIS PROPERTY IN 1999 AND HAVE BEEN IN THAT AREA SINCE 1999 LOOKING AT THE HOWS, HOW THEY HAVE THEIR HOUSES, HOW SHOULD I BUILD MY HOUSE THERE, AND I'M HAVING -- I ALREADY HAVE A SHELL RIGHT NOW, AND WE'RE BUILDING THE REST OF IT ON THE INSIDE. I'VE BEEN GOING BACK AND FORTH, PUTTING IN THE SEPTIC TANK, HAVING MY BUILDING BUILT, OR MY HOUSE BUILT. I HAVE SEEN MR. BURNS WALKING AROUND THE NEIGHBORHOOD. I DIDN'T KNOW HIM, BUT I SEEN HIM CLEANING UP DEBRIS, CLEANING UP CUPS, CANS, AND THINGS LIKE THAT, AND I FELT LIKE I WOULD LIKE TO HAVE HIM AS A NEIGHBOR. WHEN HE CAME AFTER THE MEETING AT THE PLANNING COMMISSION, HE SAID, WHY ARE YOU AGAINST THE DUPLEX? I TOLD HIM, I SAID, HAVING PEOPLE MOVING IN AND OUT OF RENTAL PROPERTY WOULD BE A PROBLEM FOR ME. I SAID, BECAUSE I DON'T KNOW WHO THE PEOPLE WOULD BE, WHO WOULD BE MOVING IN THERE. HE SAID TO ME, WELL, WE DON'T KNOW WHO YOU ARE EITHER. AND THAT THREW ME BACK, AND I SAID, OH, MY GOD. THESE PEOPLE DON'T KNOW WHO IS MOVING THERE, TOO. I'M NEW TO THE NEIGHBORHOOD. I'M EXPLAINED TO HIM I'M A SCHOOL TEACHER. MY HUSBAND IS ALSO A SCHOOL TEACHER. MY KIDS WORK FOR MICHAEL DELL, AND WE ARE GOOD PEOPLE. WE'RE NOT DRINKERS. WE'RE NOT PARTIERS, AND WE BEHAVE OURSELVES, AND THAT'S THE KIND OF PEOPLE I WANT TO BE LIVING AROUND. HE SAID TO ME, WELL, HOW DO YOU KNOW THOSE PEOPLE THAT WOULD MOVE INTO MY APARTMENTS WOULD NOT BE THAT KIND OF PEOPLE? HE WAS RIGHT BECAUSE AROUND THERE, THERE WERE A LOT OF PEOPLE THAT WORK FOR MICHAEL BYRNE. I THOUGHT, HE HAS A POINT. I WENT AND REWROTE HIS PETITION TO SUPPORT HIM, AND I'M HERE TO TELL YOU THAT I AM SUPPORTING HIM, AND I DON'T THINK THE PARKING PROBLEM WOULD BE THERE. MY PROPERTY -- MY PROPERTY DECREASES THAT I HAVE TO GIVE THE CITY FIVE FEET OF MY LAND TO THE CITY, AND I'VE ALREADY DONE IT. IT'S THERE ON MY DEED, SO YOU'RE ALL WELCOME TO GET THE FIVE FEET, AND YOU CAN EXTEND IT ALL THE WAY TO THE CORNER IF YOU NEED IT TO EXTEND ROAD, OKAY? THANK YOU.

Mayor: THANK YOU VERY MUCH.

GRACIAS.

Mayor: MARGARET JOYNER SIGNED UP TO SPEAK AND DOES NOT WISH TO SPEAK. I THINK MR. TABIAS ALREADY SPOKE, RIGHT? TIME FOR REBUTTAL. MR. BENNETT?

MR. MAYOR, COUNCIL, IF I CAN ADDRESS YOUR REQUEST FOR POSTPONEMENT. AS MR. TABIAS TOLD YOU, WE DID REQUEST A POSTPONEMENT AT THE LAST HEARING AND THAT WAS AS A RESULT OF GOING FROM PLANNING COMMISSION TO COUNCIL. WE DID RECEIVE A VALID PETITION, AND THAT'S THE REASON WE REQUESTED THE POSTPONEMENT FROM LAST MEETING. WE HAVE BEEN WORKING WITH THOSE PETITIONERS AS WE HAVE BEEN WITH MARIA. WE THINK WE WILL BE ABLE TO OVERCOME THE VALID PETITION. HOWEVER, WITH THE SHORT WEEK SPAN THAT WE HAD TO WORK ON IT, WE'RE NOT QUITE THERE, SO WE REQUEST THAT WE POSTPONE IT.

Mayor: THANK YOU. COUNCIL, THAT'S ALL THE SPEAKERS WE HAVE ON THIS ITEM. ENTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

MOVE.

Mayor: IS THERE A SECOND?

SECOND.

Mayor: SECONDED BY COUNCIL MEMBER DANTE. ALL THOSE IN FAVOR. ALL THOSE OPPOSED. MOTION CARRIES.

COMING UP ON THE PREVIOUS ITEM, MAYOR, YOU WERE OUT OF THE ROOM, THEY WERE REQUESTING A SECOND POSTPONEMENT, AND THEY WANT TO HEAR THE CASE. I DON'T THINK COUNCIL VOTED ON THE CONSENT ITEMS.

Mayor: HAVEN'T VOTED ON THE CONSENT ITEMS YET?

I THINK MAYOR PRO TEM WAS TRYING TO HEAR THE REASONS FOR THE POSTPONEMENT.

Mayor: OKAY. OKAY. PROCEED THEN. I WILL ENTERTAIN A MOTION OF THE CONSENT. CAN YOU TELL ME AGAIN HOW THE CONSENT WENT?

Z-1 IS CONSENT ON ALL THREE READINGS. Z-2, CONVENT WITH FIRST READING WITH SOME CHANGES. Z-3 IS TO BE POSTPONED UNTIL SEPTEMBER 26, THE FIRST REQUEST, AND Z-4 IS A REQUEST BY THE APPLICANT TO POSTPONE TO SEPTEMBER 26th DUE TO A VALID PETITION, SECOND REQUEST. THAT'S WHAT WAS BEING DISCUSSED AS YOU WALKED IN. AND THEN, Z-5, CONSENT ON ALL THREE READINGS.

Mayor: I THINK WHAT WOULD BE APPROPRIATE WOULD BE -- HAVE THEY CLOSED THE PUBLIC HEARINGS ON THE OTHERS?

NO.

A MOTION TO APPROVE THEM -- NO, THEY HAVEN'T CLOSED THE PUBLIC HEARINGS.

Mayor: CLOSE THE PUBLIC HEARING ON Z-4. I WILL ENTERTAIN A MOTION TO CLOSE 1, 2, 3, 5.

MOVED.

Mayor: I WILL SECOND THAT. I THINK WHAT I WOULD LIKE TO DO IS SEE IF WE CAN HAVE THE CONSENT WITHOUT Z-4, AND THEN GO BACK TO Z-4. I WILL ENTERTAIN THE MOTION ON Z-1, 2, 3, AND 5.

MOVE.

Mayor: MOTION BY MAYOR PRO TEM. SECONDED BY COUNCIL MEMBER WYNN. DISCUSSION? ALL THOSE IN FAVOR. ALL THOSE OPPOSED. MOTION CARRIES. NOW, Z-4, THERE'S A REQUEST FOR A SECOND -- THIS REQUEST COMES FROM THE APPLICANT, RIGHT?

THAT'S CORRECT.

Mayor: SECOND REQUEST. IN ORDER TO GRANT THIS, THERE WILL HAVE TO BE A VOTE BY THE COUNCIL. OR YOU ALL CAN MAKE A MOTION OTHERWISE.

MAYOR, I HAVE A QUESTION FOR STAFF. MISS GLASGO, WHAT READING IS THAT PREPARED FOR ON Z-4?

ON Z-4, THAT WOULD BE A FIRST READING.

THANK YOU.

MAYOR, I HAVE A COMMENT. CERTAINLY NOT A MOTION.

Mayor: HE WAS JUST ASKING IF WE PASSED IT ON FIRST READING --

NO, I'M SAYING THAT I WOULD LIKE TO SAY SOMETHING, BUT I DON'T HAVE A MOTION EITHER.

Mayor: IS THERE A MOTION ON Z-4? THERE BEING NO MOTION ON THIS

GO AHEAD AND PRESENT IT.

ITEM NUMB DER Z-4, C14-02-0076 -- AM I DOING OKAY?

Mayor: I THOUGHT THEY HEARD YOUR PRESENTATION.

WE HAVE NOT HEARD THE PRESENTATION YET.

Mayor: GO AHEAD. I WAS OUT. I'M A LITTLE LOST RIGHT NOW. YOU HAVEN'T MADE THE PRESENTATION ON THIS CASE?

NO.

Mayor: GO AHEAD.

THANK YOU. ITEM NUMBER Z-4, KRF 0076, LOCATED 12008 AND 12010 POLLYANNA AVENUE, SF-1, SINGLE FAMILY ONE, THIS TOOK PLACE WITH AN AREA STUDY WHEN THE ENTIRE AREA WASEN A NEXTED AND ZONED. THE APPLICANT IS SEEKING A CHANGE TO SINGLE FAMILY 3 TO BUILD DUPLEXES ON THIS PROPERTY. STAFF DOES NOT RECOMMEND THE CHANGE OF ZONING BECAUSE WE FEEL THE CONDITIONS HAVE NOT CHANGED SINCE THE AREA WAS ZONED. HOWEVER, THE ZONING AND PLATTING COMMISSION RECOMMENDS THE SF-3 ZONING WITH A CONDITIONAL OVERLAY WITH THE FOLLOWING CONDITIONS. ONE, DUPLEX UNIT ON EACH LOT WITH NO MORE THAN FOUR LIVING UNITS AND ALSO THAT NO PROTECTED TREES TO BE REMOVED FROM THIS SITE. THERE IS A PETITION, 35% AGAINST THE CHANGE IN REZONING FROM SF-1, AND EVEN WITH A SUBTRACTION OF THE CITIZENS EARLIER, THE PETITION DOES REMAIN VALID AT 27%, IF SHE WAS GIVEN US A LETTER WITHDRAWING SHE WASN'T. WHILE SHE INDICATED SHE WAS IN SUPPORT OF THE CASE, WE DID NOT RECEIVE A LETTER WITHDRAWING HER NAME FROM THE PETITION. EVEN IF WE DO RECEIVE HER LETER AND SUBTRACT HER PERCENTAGE, THE PETITION IS STILL VALID AT 27%. THAT CONCLUDES MY PRESENTATION. I WILL BE GLAD TO ANSWER ANY QUESTIONS.

Mayor: QUESTIONS FOR MISS GLASGO? YOU HAVEN'T MADE YOUR PRESENTATION, MR. BENNETT?

MR. MAYOR, THE FIRST ACTION WAS AS TO WHETHER OR NOT WE WANTED -- IF COUNCIL WOULD GRANT THE POSTPONEMENT AS WE REQUESTED. THAT'S THE FIRST ACTION THAT WE GOTTEN INTO. SHORT OF THAT, ALICE'S INTRODUCTION IS THE BEGINNING POINT.

COUNCIL DIDN'T VOTE ON THE POSTPONEMENT ISSUES.

THAT'S CORRECT. MAYOR, COUNCIL, I'M JIM BENNETT. HERE ON THE REQUEST FOR A ZONING CHANGE WHICH DID GO BEFORE THE PLATTING COMMISSION A COUPLE OF WEEKS AGO AND IT RECEIVED UNANIMOUS APPROVAL TO REZONE IT FROM SF-1 TO SF-3. THAT VOTE WAS BY 5-2 WITH THE CHAIR MAKING THE MOTION TO REZONE IT. AS YOU CAN SEE FROM YOUR BACKUP MATERIAL, THIS PROPERTY IS ONE LOT REMOVED ACROSS THE STREET FROM OFFICE ZONED PROPERTY. IT IS THREE LOTS REMOVED FROM I-35, THREE LOTS REMOVED FROM I-35, AND IS ADJACENT TO FIVE DUPLEXES TO THE SOUTH. THESE ARE TWO VACANT PIECES OF PROPERTY THAT HAVE BEEN ENCUMBERED WITH -- IN PART A TRAIN FILL FOR A SEPTIC SYSTEM. ON THE MOST EASTERLY LOT, TOWARD 35, AN EASEMENT HAS BEEN GRANTED TO THE CITY OF AUSTIN TO CONSTRUCT THE WASTE WATER LINE TO ADD WASTE WATER TO THIS SUBDIVISION IN THE AREA. IT'S TRUE THAT WE CAN'T BUILD ON THAT LOT UNTIL, OF COURSE, 9 THE INFRASTRUCTURE IS PUT IN FOR THE WATER AND WASTE WATER LINES BECAUSE WE HAVE GIVEN AN EASEMENT FOR IT. ONCE THAT HAPPENS, THEN WE'RE CERTAINLY PREPARED TO TIE INTO THE WATER AND WASTE WATER SYSTEM THAT THE CITY IS PROVIDING. THIS TRACT REPRESENTS ABOUT 1.095 ACRES IN TOTAL. IT'S CURRENTLY SUBDIVIDED AS INDICATED TO YOU AROUND 72. THE TWO LOTS WE'RE PROPOSING, AS YOU CAN SEE HERE TO BUILD A DUPLEX ON EACH LOT. WE DON'T THINK THAT PARKING WOULD BE THE PROBLEM. WE HAVE A ONE-CAR GARAGE AND A CAR PORT FOR EACH UNIT. AS YOU CAN SEE FROM THIS PARKING LAYOUT, THE -- THERE'S SUFFICIENT STACKING ROOM IN THERE IF FRIENDS OR ANYONE SHOULD COME OVER FOR THOSE CARS TO BE PARKED, AS WELL. RELATIVE TO THE ENVIRONMENTAL FEATURE, IF WE BUILD A SINGLE-FAMILY DWELLING, WE'RE STILL ALLOWED 45%. IF WE BUILD A DUPLEX, WE'RE STILL ALLOWED 45% IMPERVIOUS COVERAGE. IT'S NOT A SITE DEVELOPMENT ISSUE THAT WE'RE DEALING WITH. IT'S ONE OF ALLOWING A DUPLEX OR RESTRICTING IT TO A SINGLE-FAMILY DWELLING. SITE DEVELOPMENT REGULATIONS SHOULD BE THE SAME. SETBACKS FROM THE CREEK, IMPERVIOUS COVERING AND WHAT HAVE YOU. RELATIVE TO THE VALID PETITION, I WOULD LIKE TO ADDRESS THAT. WE DO HAVE OR HAVE HAD TWO PETITIONERS THAT WITHDRAW THEIR NAME, INCLUDING MISS ALFONZO, FROM THE PETITION. YOU HAVE, I THINK, A PETITION SCHEDULE THERE IN FRONT OF YOU, AS WELL, SHOWING THE SIGNEES OF THE PETITION. THE PROPERTY OWNER ON NUMBER 3 HAS INDICATED THAT THEY'RE WILLING TO WITHDRAW THEIR NAME FROM THE PETITION AS WELL AS MISS ALFONZO ON 6. WE HAVE -- ARE IN DISCUSSION WITH THE OTHER PROPERTY OWNERS TO SEE IF WE CAN ALSO GET THEM TO INVALIDATE THE PETITION, AND THAT'S THE REASON WE ASKED COUNCIL FOR THE POSTPONEMENT. COUNCIL MEMBERS, THESE TWO LOTS HAVE BEEN VACANT, AND THEY'VE BEEN VACANT FOR A LONG PERIOD OF TIME BASICALLY DUE TO THE SEPTIC DRAIN FILL THAT'S CURRENTLY ON THE LOT. WITH THE WASTE WATER ACT OCCURRING OUT THERE, THAT WOULD FREE THOSE LOTS UP, AND WE SHOULD BE ABLE TO BUILD ON IT. WE IN ADDITION, THE PROPERTY OWNER TO THE NORTH OF WHAT'S IDENTIFIED AS ONE, TO, AND THE SUBJECT TRACT, I HAVE A LETTER FROM MR. ADAMS INDICATING THAT HE'S NOT OPPOSED TO THE REQUEST. I ALSO HAVE A PROPERTY OWNER THAT IS HIGHLIGHTED IN YELLOW ON POLYANNA WHO DIDN'T SIGN THE ORIGINAL PETITION, BUT THEY'RE NOT OPPOSED TO THE DUPLEXES. IT SHOULD BE A MATTER OF WHETHER THE DUPLEXES ARE ALLOWED OR NOT ALLOWED, AND IF WE ARE ABLE TO CONTINUE WITH THE WORK ON THE PETITION, PERHAPS THE MAJORITY OF THE NEIGHBORS WOULD SEE THE BENEFIT IN HAVING THE DUPLEXES THAT WE'RE PROPOSING. I WILL BE AVAILABLE SHOULD YOU HAVE ANY QUESTIONS.

Mayor: MISS GLASGO, CAN I ASK YOU A QUESTION PROCEDURALLY HERE? DO WE NEED TO RECOGNIZE THE PEOPLE WHO SIGNED UP TO SPEAK, WHO WERE SPEAKING FIRST ONLY ON THE REQUEST FOR POSTPONE MANY?

I MEAN, COUNCIL ALREADY DID THAT EARLIER. COUNCIL LISTENED TO THE REQUEST TO POSTPONE, AND THERE WASN'T A DESIGN TO POSTPONE IT.

Mayor: HELP ME.

IT'S APPROPRIATE AT THIS TIME TO LISTEN TO THOSE FOLKS WHO WISH TO SPEAK AGAINST OR IN FAVOR OF THE ZONING PROPOSAL. THE EARLIER ISSUE WAS ON THE POSTPONEMENT ISSUE, ITSELF. MR. WAYNE TABIAS, AND YOU HAVE YOU ACTUALLY HAVE TWO CARDS. YOU SIGNED UP TWICE. I GUESS YOU SIGNED UP ONCE BEFORE, AND THEN HE SIGNED UP AGAIN. BUT YOU HAVE SIX MINUTES, OKAY. MISS JOYNER GAVE YOU THREE MINUTES.

I'M WAYNE TABIAS. I'M PRESIDENT OF THE ASSOCIATION, AND HAD THE POSTPONEMENT NOT GONE THROUGH, WE WOULD HAVE HAD MORE PEOPLE DOWN HERE, BUT WE WERE TOLD THAT IT WAS GOING TO BE POSTPONED SO WE WEREN'T SURE HOW IT WAS GOING TO GO. I'M HERE NOW. THIS REQUEST FOR ZONING CHANGE WAS PRESENTED TO OUR ASSOCIATION IN JUNE. IT WAS DETERMINED THE CHANGE WOULD BE COUNTER TO THE STUDY, OUR NEIGHBORHOOD MASTER PLAN. NOTHING IN THIS AREA HAS CHANGED TO MERIT ANY DEVIATION OF THAT PLAN. THE PRELIMINARY VOTE OF THE BOARD MEMBERS REJECTED THE REQUEST. AFTER BOARD MEMBERS REVIEWED ALL ASPECTS OF THE REQUEST, WHICH INCLUDED INPUT FROM THE SURROUNDING NEIGHBORS, MR. -- SORRY, AND HIS ARCHITECT, AS WELL AS REVIEW OF THE PHYSICAL LOCATION, ENVIRONMENTAL ISSUES AND SAFETY, THE BOARD UPHELD THEIR VOTE TO REJECT THE REQUEST BASED ON THE FOLLOWING. ONE, THE LOTS ON THIS AREA WERE SUBDIVIDED IN 1972 PRIOR TO LIMITED ANNEXATION IN 1974. THE SUBDIVISION CREATED SIX LOTS FROM FIVE PREVIOUSLY-ZONED LOTS. SHORTLY AFTER THE CONSTRUCTION OF THE EXISTING DUPLEXES, THE NEIGHBORHOOD ASSOCIATION FORMED TO ENFORCE THE EXISTING COVENANT FOR THE NEIGHBORHOOD. THE COMPOSITE OF THE NEIGHBORHOOD HAS A GOOD MIX OF DUPLEXES AND SINGLE-FAMILY HOMES. DUPLEXES HAVE BEEN BUILT THROUGH THROUGHOUT THE NEIGHBORHOOD, BUT ARE GENERALLY DIFFICULT TO DISTINGUISH FROM SINGLE-FAMILY RESIDENCES BECAUSE OF THE LARGER LOTS AND DRIVEWAYS THAT HAVE KEPT STREET PARKING TO A MINIMUM. AT THIS PARTICULAR LOCATION, HOWEVER, MULTI-FAMILY HOUSING ON NARROW LOTS HAS CREATED A TRAFFIC SAFETY ISSUE BECAUSE THE STREET IS SO NARROW AT THIS LOCATION. ALTHOUGH MR. BYRNE INDICATED HE LIMITS THE NUMBER OF CARS PARK ON THE STREET BY THIS TENANT, THIS WOULD NOT CARRY OVER IF THE LAND WAS PURCHASED BY ANOTHER INDIVIDUAL. THIS BRINGS ME TO THE OTHER CRITERIA OF THIS REQUEST, SAFETY. PARKING AROUND THESE DUPLEXES THIS TIGHT, EVEN IN AN EMPTY UNIT, EVEN WITH AN EMPTY UNIT, NARROW LOT FRONTAGE AND THE SLOPE OF THE BACK OF THE LOTS RESTRICT HOW THE LOT CAN BE LAID OUT AND THE AREA AVAILABLE FOR ON-SITE PARKING. IF TWO CARS PER UNIT PARK ONE BEHIND THE OTHER, INEVITABLY, ONE CAR ENDS UP IN THE STREET SO THE OTHER CAN GET OUT OF THE DRIVEWAY. WITH STUDENTS AND YOUNG PEOPLE SEEKING AFFORDABLE APARTMENTS, FREQUENTLY, APTPS ARE OCCUPIED BY MORE DRIVING ADULTS, EXCEEDING EVEN THE NUMBER OF TWO CARS PER UNIT. THIS STREET AT THIS POINT IS ONLY 17 FEET WIDE. WHEN CARS ARE PARKED ON EACH SIDE, ONE CAR CAN BARELY MOVE BETWEEN THEM. IT IS NEARLY IMPOSSIBLE FOR EMERGENCY VEHICLES TO ACCESS THE AREA. THIS ZONING ACTION WOULD MULTIPLY THE SAFETY HAZARD WITH THE INCLUSION OF FOUR ADDITIONAL UNITS. FIGURE THAT OUT. EIGHT CARS. ENVIRONMENT: TO COMPENSATE FOR THE PARKING ON THE STREET, THEY CAN ENLARGE THE AMOUNT OF PARKING ON THE LOT. ENLARGING THE PARKING AVAILABLE ON THE LOT CAN REDUCE SAFETY RISKS. HOWEVER, THE BACK OF THESE LOTS HAVE VERY STEEP INCLINES UNTIL POSSUM CREEK AND WALNUT CREEK POSSIBLY 300 FEET BELOW THE LOT. IN ORDER TO FACILITATE PARKING, MUCH OF THE USABLE LOT WOULD HAVE TO BE ON IMPERVIOUS COVER. THIS WOULD ENCOURAGE RUNOFF AND SEDIMENTATION BY WALNUT CREEK. IF THE REQUEST IS GRANTED, A SEDIMENTATION POND SHOULD BE CONSIDERED. EXCEPT FOR THREE DUPLEXES SOUTH OF THESE LOTS, ALL SURROUNDING LOTS ARE ZONED FOR SINGLE FAMILY. I STAND CORRECTED AGAIN. THERE IS ONE LOT THAT HAS NOT BEEN BUILT UP ON THAT IS NORTH OF THE CURRENT DUPLEXES. OF THOSE WITHIN THE 300-FOOT RADIUS, ONLY ONE IS A RENTAL. OKAY, AGAIN, THE REST OF THEM ARE SF-1, PEOPLE OWN THEM. ALL EXCEPT ONE OR TWO HOMEOWNERS SIGNED A VALID PETITION. KEEP IN MIND, THIS HOMEOWNER OWNS A LARGE VACANT LOT ACROSS FROM THE EXISTING DUPLEXES. NEIGHBORS STATED THEY PURCHASED THEIR PROPERTY WITH THE EX-UNDERSTANDING DUPLEXES WERE NEARBY. HOWEVER, ALL ADJACENT LOTS WERE SF-1. DUPLEXES WERE NOT PROTECTED WHEN THEY BOUGHT THEIR PROPERTY. ALONG SF-3 ZONING BECAUSE DUPLEXES ARE ALREADY THERE IS NOT A VALID REASON FOR REZONING. IF THAT WAS THE CASE, WE WOULD HAVE TO REZONE EVERY TIME WE -- NEXT TO EVERY EMPTY LOT NEXT TO A DUPLEX. WHICH WE STILL HAVE SEVERAL. I HANDED OUT A SHEET WHEN I STARTED THE LAST TIME FROM ONE OF THE PARTITIONERS, AND THIS IS THE PERSON ADJOINING THE NORTHERN MOST LOT. SHE IS VEHEMENTLY OPPOSED, AGAIN, FOR THE SAME REASONS. HER HOUSE IS -- BUTS UP AGAINST THE DRAINAGE AREA FOR THE BOTTOM OF THE HILL. THIS ENTIRE AREA IS LOCATED AT THE BOTTOM OF THE HILL. WALNUT CREEK IS BEHIND IT. SO GUESS WHERE THE WATER GOES. WE HOPE RIGHT DOWN IN BETWEEN THE HOUSE AND THOSE LOTS. WE'RE AFRAID THAT BUILDING ON THIS LOT NEXT TO HERS COULD CAUSE FLOODING UNLESS A LOT OF CARE WAS TAKEN INTO HOW THE WATER FLOW WAS MAINTAINED. SO AT THIS TIME, I WOULD LIKE TO REQUEST THAT THE CITY COUNCIL DENY THE ZONING REQUEST CHANGE. THANK YOU.

THANK YOU VERY MUCH.

YES, SIR.

Mayor: DO YOU HAVE ANYTHING TO YOUR PRIOR TESTIMONY?

WHAT HE WAS SAYING IS THERE IS ONLY ONE DUPLEX BEING OCCUPIED, I BELIEVE, TWO? [ INAUDIBLE COMMENT ] OKAY, THAT AREA AROUND THERE, THERE ARE TWO SETS OF DUPLEXES. RIGHT ACROSS THE STREET FROM ME THERE ARE FOUR HOUSES. THE FIRST HOUSE ACROSS THE STREET FROM ME IS A SINGLE FAMILY. THE NEXT ONE AFTER THAT IS A SINGLE FAMILY, AND AFTER THAT, IT'S A RENTAL, AND THE NEXT HOUSE CLOSEST TO I-35 IS GOING UP FOR SALE RIGHT NOW. THE LOT BEHIND ME IS A COMMERCIAL PROPERTY, SO THEN I HAVE AN EMPTY LOT BETWEEN ME AND MY NEXT NEIGHBOR ON POLLYANNA, SO RIGHT ACROSS THE STREET FROM ME, I MEAN, I'M IN THE CORNER OF WREN AND POLLYANNA, SO EVERYBODY AROUND ME IS REALLY A DUPLEX OR A RENTAL OR SINGLE FAMILY, SO IT'S A MIXTURE OF DUPLEXES, SINGLE FAMILY OR EMPTY LOTS. I BELIEVE THAT THESE DUPLEXES ARE NOT GOING TO BE A PROBLEM. I HAVE SEEN HIM. HE LIVES IN ONE OF THE DUPLEXES, THE BUILDER. THEY'RE VERY CLEAN. HE'S VERY NEAT. HE ALWAYS KEEPS HIS GRASS TRIMMED AND I HAVE SEEN HIM CLEANING AROUND THE AREA BECAUSE HE CARES ABOUT THE NEIGHBORHOOD. I DIDN'T KNOW WHO HE WAS BEFORE. I USED TO SEE HIM WALKING AROUND, PICKING UP CANS, BOTTLES, NEWSPAPERS, WHATEVER PEOPLE THREW AROUND, AND AS FAR AS EXPANDING THE ROAD, LIKE I SAID, MY DEED SAYS THAT I HAVE TO GIVE THE CITY FIVE FEET OF LAND TO THE CITY. IT'S IN MY DEED. THE CITY HAS NOT TAKEN IT UP YET, BUT AT THAT TIME, I THINK IT BELONGED TO THE COUNTY BEFORE THE CITY ANNEXED IN. IN '99 WHEN I BOUGHT THE PROPERTY, I WAS TOLD I WOULD LOSE FIVE FEET OF IT. IT'S UP TO THE CITY TO COME IN, MAKE THE ROAD WIDER, AND I'VE NEVER SEEN PROBLEMS AS FAR AS DRIVING THERE. I'M ALWAYS A CAUTIOUS DRIVER BECAUSE I USUALLY HAVE MY GRANDSON WITH ME, AND WHEN I'M GOING AROUND THAT CORNER, THERE'S SOMETIMES ANOTHER VEHICLE COMING AGAINST ME, YOU KNOW, ON THE OPPOSITE SIDE, AND I NEVER HAVE SEEN A PROBLEM WITH HIM DRIVING WITH ME, YOU KNOW, JUST DRIVING AGAINST EACH OTHER. SO I DON'T KNOW WHAT MR. TABIAS IS TALKING ABOUT WHEN HE SAYS THAT IT WOULD BE A TIGHT SPOT FOR PEOPLE TO TRAVEL. I'M SORRY, BUT I'VE BEEN THERE.

Mayor: THANK YOU.

THIS IS AN AERIAL THAT SHOWS THE TWO LOTS IN QUESTION. AS YOU CAN SEE, THERE'S AN OFFICE ON THE CORNER OF WREN, AND THEN THERE ARE TWO RESIDENTIAL UNITS. FROM THIS AERIAL PHOTOGRAPH, SOMEBODY IS PARKING IN FRONT OF THE TWO SINGLE FAMILY RESIDENTIAL UNITS. IT'S CERTAINLY NOT ANYBODY PARKING ON OUR PROPERTY, WHICH IS VACANT. I DOUBT IT WOULD BE ANYBODY FROM THE DUPLEXES ON AROUND THE CORNER THAT IS PARKED WAY UP BY THE INTERSECTION. I SUSPECT THAT THOSE ARE FROM THE SINGLE-FAMILY HOMES THAT ARE THERE. YOU CAN SEE FROM THE AERIAL HOW CLOSE IT IS TO 35 AS WELL AS THE DUPLEXES IN QUESTION. THE LOTS TO THE SOUTH THAT SHOW SF-3 ARE DEVELOPED WITH DUPLEXES. I BELIEVE THERE'S FOUR OF THEM. THIS RENDERING THAT I'M PRESENTING TO YOU HAS TWO COVERED PARKING SPACES FOR EACH UNIT. SO THAT'S A TOTAL OF FOUR FOR ONE DUPLEX ON ONE LOT AND A TOTAL OF FOUR ON THE OTHER. IF YOU LOOK AT THE LAYOUT OF THOSE DRIVEWAYS AND THOSE PARKING SPACES, THERE'S MORE PARKING ALLOWED FOR THESE DUPLEXES THAN EXISTS FOR THE SINGLE-FAMILY HOMES IN THE AREA SO EVEN THOUGH WE'RE MEETING IN THE ORDINANCE REQUIREMENTS WHILE PROVIDING FOUR SPACES PER UNIT, IN ADDITION, WE HAVE A LARGE AMOUNT OF CUBING SPACE. SHOULD YOU DRIVE UP TO VISIT SOMEONE THERE, YOU SHOULD HAVE PLENTY OF ROOM TO PARK IN THEIR DRIVEWAY, BEHIND THEIR TWO CARS TO GO IN AND DO WHATEVER IT IS YOU NEED TO DO. RELATIVE TO THE NORTH MAR STUDY, IT'S AN ANTIQUATEED STUDY. ONE IS THE STUDY OF WASTE WATER SERVICES, WHICH IS HAPPENING RIGHT NOW. WE MET THE PARKING REQUIREMENTS. THE ENVIRONMENTAL FEATURES THAT MR. TABIAS INDICATED TO YOU, THOSE EXIST WHEN WE BUILD A SINGLE FAMILY HOME, WHICH IS WHAT IT'S DESIGNED FOR NOW OR WHETHER IT'S TWO-FAMILY HOME. WE HAVE SETBACKS FROM THE TRIBUTARY. WE STILL HAVE SETBACKS. WE CAN'T REMOVE TREES IF WE BUILD A SINGLE FAMILY VERSUS A DUPLEX. THERE ARE FOUR LOTS IN THE SOUTH THAT HAVE DUPLEXES ON IT. WE ARE ADJACENT TO SF-3 ZONING, CLOSE PROXIMITY TO 35. CLOSE PROXIMITY TO COMMERCIAL ZONE PROPERTY. FROM A PLANNING STANDPOINT, AS RECOMMENDED BY YOUR COMMISSION, THE ADDITION OF SF-3 FOR THESE TWO LOTS DO SEEM TO BE A REASONABLE APPROACH TO A ZONING ISSUE. AND WE WOULD RESPECTFULLY REQUEST THAT THE COUNCIL CONSIDER THAT AND TO GRANT THE SF-3 AS PROPOSED. THANK YOU.

Mayor: THANK YOU, THANK YOU, MR. BENNETT. QUESTIONS FOR THE APPLICANT OR STAFF?

MAYOR? QUESTION FOR STAFF, MISS GLASGO. I BELIEVE YOU SAID THAT STAFF RECOMMENDS AGAINST THIS ZONING CHANGE. CAN YOU GIVE US SOME THOUGHTS ON THAT?

CORRECT. THE STAFF RECOMMENDATION WAS TYPICALLY FOR THE NORTH MAR STUDY, AND WE REALIZE IT'S SEVERAL YEARS OLD. HOWEVER, WHEN THE STUDY WAS CONDUCTED, IT INDICATED THAT CHANGES, OBVIOUSLY, OCCUR, AND OVER TIME, THROUGH A VARIETY OF REASONS, EVEN LOOKING AT AN AREA AND LOOK AT IT AND DETERMINE THAT IT'S CHANGING FOR A VARIETY OF REASONS. THIS PARTICULAR AREA, AS FAR AS THE LAND USES GO, THEY HAVE NOT CHANGED AT ALL SINCE THE AREA WAS ABANDONED. NOR HAS THE ZONING CHANGED. IT WAS ANNEXED AND THE STUDY WAS CONDUCTED AND THE ZONING APPLIED ACCORDINGLY FROM COUNCIL. NOTHING CHANGED. THAT'S THE BASIS OF OUR RECOMMENDATION.

Mayor: MOTION TO CLOSE THE PUB RICK HEARING.

MOVED.

Mayor: SECONDED BY ME. ALL THOSE IN FAVOR. ALL THOSE OPPOSED. MOTION CARRIES. IS THERE A MOTION ON THIS ITEM?

MAYOR, I'LL MOVE APPROVAL OF STAFF RECOMMENDATION AND ZONING.

SECOND.

Mayor: MOTION TO APPROVE STAFF RECOMMENDATION AND DENY THE ZONING. MAYOR PRO TEM.

CLARIFICATION OF ALL THREE READINGS.

Mayor: RECOMMENDATION FROM STAFF IS DENY.

I THOUGHT HE SAID APPROVE. MY MISTAKE.

Mayor: FURTHER DISCUSSION? COUNCIL MEMBER?

I'M READY TO VOTE.

Mayor: ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. ALL THOSE OPPOSED, NO. MOTION CARRIES. OKAY. NOW WE WILL GO TO NUMBER 58. [ ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS ] (TIME 5:00 P.M.)

ACTUALLY, I DON'T HAVE A COPY.

Mayor Garcia: OH, YOU DON'T HAVE A COPY?

I BELIEVE THE -- THE 58 R IS THE ONE THAT COUNCILMEMBER -- EXCUSE ME, MAYOR PRO TEM GOODMAN IS OFFERING, IS THAT --

Mayor Garcia: IS THAT CORRECT, MAYOR PRO TEM?

Goodman: THE CHANGE IN 58 R IS WHAT I WOULD PROPOSE AS A FRIENDLY AMENDMENT TO THE SPONSOR OF THE MOTION AND HE HAS INDICATED THAT WOULD BE FRIENDLY.

Mayor Garcia: SO BASICALLY, WHAT WE CAN DO IS WE CAN TAKE A MOTION TO -- TO APPROVE THE PARKING ORDINANCE, GET A SECOND, AND THEN THIS WOULD BE A FRIENDLY AMENDMENT, SO --

OKAY.

Mayor Garcia: THIS WOULD BE THE FRIENDLY AMENDMENT. AND THE MAKER OF THE MOTION HAS INDICATED TO THE MAYOR PRO TEM THAT THAT WOULD BE FRIENDLY.

OKAY. GENERALLY, JUST IN THE GENERAL OVERVIEW, MAINLY LOOKING AT THE CHANGES FROM SECOND READING TO THIRD READING, WE HAVE A PARKING ORDINANCE THAT -- THAT RESTRICTS PARKING IN THE FRONT AND STREET SIDE YARD OF A PROPERTY THAT IS LISTED ON THE -- ON THE RESTRICTED PARKING AREA MAP. THE CHANGES FROM -- FROM SECOND READING TO THIRD READING ARE MAINLY THAT -- THAT IS -- OCCURS IN THE WAY THAT A PERSON CAN GET ON TO THE MAP. PREVIOUSLY, YOU HAD TO GO THROUGH THE PROCESS OF GETTING THE PETITION AND THE -- AND THE -- GOING THROUGH THE PLANNING COMMISSION. AS IT NOW STANDS A PERSON -- THE NEIGHBORHOOD ASSOCIATION GETS ON THE MAP BY SENDING A REQUEST TO THE NEIGHBORHOOD -- TO THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT, AND REQUESTING TO BE ON THE MAP, THAT REQUEST GETS FORWARDED TO COUNCIL. IN ORDER FOR THAT REQUEST TO BE FORWARDED TO COUNCIL, IT HAS TO INCLUDE CERTAIN ITEMS. THE REQUEST FORM MUST INCLUDE, IF YOU WILL LOOK IN YOUR ORDINANCE ON PAGE -- BEGINNING ON PAGE 3, IT MUST INCLUDE AN OFFICIAL CERTIFICATION OF THE ACTION THAT WAS TAKEN, A STATEMENT THAT THE VOTE WAS TAKEN IN THE -- IN ACCORDANCE WITH THE BY LAWS AND WITH -- AND -- AND WELL AS IT NOW STANDS WITHOUT THE FRIENDLY AMENDMENT OR IF THE ASSOCIATION DOES NOT HAVE BYLAWS, A STATEMENT OF THE VOTING PROCESS THAT WAS OBSERVED BY THE ASSOCIATION, YOU HAVE TO INCLUDE A COPY OF THE BYLAWS, YOU ALSO HAVE TO INCLUDE A COPY OF THE NOTICE OF THE MEETING AT WHICH THE VOTE WAS TAKEN, AND YOU HAVE TO DESCRIBE THE PROCESS BY WHICH THE NOTICE WAS ISSUED. YOU HAVE TO INCLUDE THE TOTAL NUMBER OF PEOPLE VOTING ON THE PARKING ITEM, AND THE NUMBER OF PEOPLE VOTING FOR AND AGAINST. YOU HAVE TO INCLUDE THE NUMBER OF ELIGIBLE VOTERS IN THE ASSOCIATION AND THE NUMBER OF HOUSEHOLDS IN THE ASSOCIATION AREA. AND IF ANY OVERLAPPING ASSOCIATIONS ARE IN YOUR AREA AND YOU KNOW THAT, YOU MUST IDENTIFY THOSE, INDICATE WHETHER OR NOT YOU HAVE HAD DISCUSSIONS WITH THAT OVERLAPPING AREA. COUNCILMEMBER -- EXCUSE ME, MAYOR PRO TEM GOODMAN'S MOTION WOULD -- I GUESS THAT I WILL LET YOU LET HER DO THAT LATER. AFTER -- IN FEBRUARY THE NEIGHBORHOOD ASSOCIATIONS WILL SUBMIT THEIR REQUESTS, IN APRIL THE COUNCIL WILL CONSIDER THEM. IF COUNCIL APPROVES THEM, THEN THE MAP WILL BE AMENDED AND THEY WILL BE INCLUDED ON THE RESTRICTED PARKING AREA MAP. ULTIMATELY, HOWEVER, THE COUNCIL WANTED THE WHOLE PROCESS TO GO TO THE NEIGHBORHOOD PLANNING PROCESS. SO WHAT WILL BE HAPPENING OVER TIME IS THAT ONCE YOU ARE ON THE MAP, YOU ARE ONLY ON THE MAP FOR THREE YEARS. AND WE ARE -- THE -- THE GOAL IS THAT THE NEIGHBORHOOD PLANNING PROCESS WILL CATCH UP WITH YOU AND THEREFORE THE WHOLE ISSUE WILL BE CONSIDERED THROUGH THE NEIGHBORHOOD PLANNING PROCESS AND YOU DON'T FEED TO STAY ON THE MAP AS -- NEED TO STAY ON THE MAP AS A NEIGHBORHOOD ASSOCIATION. AFTER YOU ARE ON THE MAP FOR THREE YEARS. IF THE NEIGHBORHOOD PLANNING PROCESS HAS NOT GOTTEN TO YOU YET, THEN YOU ARE ALLOWED TO REQUEST A CONTINUANCE BASICALLY FOR ANOTHER THREE YEARS. IF THE NEIGHBORHOOD PLANNING PROCESS HAS GOTTEN TO YOU AND THE DECISION HAS BEEN MADE TO INCLUDE THE NEIGHBORHOOD PLANNING AREA ON THE MAP, THEN THAT'S WHAT WILL HAPPEN THROUGH THE NEIGHBORHOOD PLANNING PROCESS. HOWEVER, IF THE NEIGHBORHOOD -- THROUGH THE NEIGHBORHOOD PLANNING PROCESS, THE DETERMINATION HAS BEEN MADE NOT TO ASK TO BE INCLUDED ON THE MAP, THEN ANY AREA THAT'S IN THE -- THAT ANY ASSOCIATION THAT'S IN THAT AREA WOULD BE TAKEN OFF OF THE MAP. FOR THE 64 NEIGHBORHOOD ASSOCIATIONS THAT REQUESTED TO BE ON THE MAP FROM THE VERY BEGINNING OF THIS PROCESS, THE ORDINANCE PROVIDES THAT THEY WILL BE ON THE MAP UNTIL NEXT APRIL. AND IN APRIL --

Mayor Garcia: MS. THOMAS?

YES, MA'AM -- YES, SIR.

Mayor Garcia: I GOOFED. WE WERE SUPPOSED TO TAKE UP IN CONJUNCTION WITH ZONING, WE WERE SUPPOSED TO TAKE UP AN ITEM CALLED THE OLD WEST AUSTIN NEIGHBORHOOD PLAN REZONING. AND WE DIDN'T DO THAT. SO I WILL TELL YOU WHAT. WE WILL DO IT WHEN WE COME BACK. SO THAT -- SO THAT WE DON'T INTERRUPT THIS PROCESS BECAUSE WE ARE ALREADY MOVING ON IT. GO AHEAD.

OKAY. FOR THE 64 NEIGHBORHOOD ASSOCIATIONS [ LAUGHTER ] THAT ARE CURRENTLY ON THE -- CURRENTLY ON THE MAP, THEY ARE ALLOWED TO STAY ON THE MAP UNTIL APRIL OF NEXT YEAR. IF THEY WANT TO CONTINUE TO STAY ON THE MAP, THEN THEY WILL FILE A -- A REQUEST IN THE FORM THAT THE CITY NOW WILL THEN REQUIRE AND THEY CAN GO THROUGH THE PROCESS LIKE ALL -- ANYONE ELSE WHO WANTS TO BE ON THE MAP. THE ORDINANCE ALSO INSTRUCTS THE CITY MANAGER TO INITIATE AMENDMENTS TO THE NEIGHBORHOOD PLANNING COMBINING DISTRICT, TO INCLUDE THE PARKING OPTION THROUGH THE NEIGHBORHOOD PLANNING PROCESS, AND ALSO INSTRUCTS THE CITY MANAGER TO DEVELOP THE FORM THAT WILL BE USED TO -- FOR THE NEIGHBORHOOD ASSOCIATIONS TO REQUEST -- TO REQUEST INCLUSION ON THE MAP. ONE OF THE MAJOR CHANGES FROM SECOND READING IS THAT DURING SECOND READING, WE HAD ADDED AS A -- AS AN EXCEPTION TO THE ORDINANCE A LOT THAT ABUTTED A SEGMENT OF RIGHT-OF-WAY ON WHICH PARKING WAS PROHIBITED. THAT EXEMPTION NO LONGER EXISTS IN THE CURRENT DRAFT OF THE ORDINANCE. SO -- SO IF YOU -- IF YOUR LOT ABUTTS A RIGHT OF WHAT ON WHICH PARKING IS PROHIBITED THE ORDINANCE DOES STILL APPLY TO YOU. THOSE ARE THE MAJOR CHANGES BETWEEN SECOND AND THIRD READING. I'M AVAILABLE FOR ANY QUESTIONS THAT YOU MAY HAVE.

Mayor Garcia: QUESTIONS FOR MS. THOMAS? LET ME READ INTO THE RECORD THE APPROXIMATE 'EM THAT HAVE SIGNED UP TO SPEAK. THEY WERE NOTIFIED THAT THEY WERE NOT GOING TO SPEAK ON THIRD READING. MRS. GAVINO FERNANDEZ NOT WISHING TO SPEAK BUT IN FAVOR OF. WE SUPPORT NEIGHBORHOODS WHO WANT THIS ORDINANCE. CAMILLE PERRY, REGISTERED WISHING TO SPEAK AND AGAINST. LINDA MOORE, REGISTERED IN FAVOR OF. WILLIAM J. THOMAS, THANKS TO COUNCILMAN THOMAS FOR HIS HARD PERSISTENT EFFORT ON BEHALF OF A LONG-NEEDED ORDINANCE. AND BOBBIE RIGNEY, WANTS TO READ -- WANTS HAD HE TO READ INTO THE RECORD HIS COMMENTS. THIS COMPROMISE ORDINANCE HAS EVOLVED. FIRST READING IT WAS AN EYESORE ORDINANCE. SECOND IT GREW INTO A MUST PARK IN FRONT OF YOUR NEIGHBOR'S HOME ORDINANCE. TODAY IT ENDS YARD CAR LOTS, IT CAN IMPROVE LIVABILITY AND IT LEAVES MANY HOUSEHOLD SOLUTIONS WITH HARMLESS REASONABLE OPTIONS. BUT PLEASE CONSIDER MAKING A HOLIDAY EXEMPTION. OKAY. THOSE ARE THE CARDS. QUESTIONS FOR MS. THOMAS?

Alvarez: MAYOR?

Mayor Garcia: OR NOTHINGS. COUNCILMEMBER ALVAREZ YOU WERE THE ONE WHO PULLED THIS ITEM.

Alvarez: YES. ARE YOU -- YOU MENTIONED THAT IF -- IF YOU HAVE THIS RESTRICTIVE PARKING AREA MAP, SO IN ORDER TO -- TO BE ON THIS MAP, YOU STILL HAVE TO SUBMIT THE ITEMS IN PART 6 BY FEBRUARY OR HOW DOES THAT --

YES. TO -- FOR THE EXISTING PEOPLE TO STAY ON THE MAP, THEY DO HAVE TO SUBMIT THOSE NEW ITEMS IN FEBRUARY ALONG WITH ANYONE ELSE WHO WOULD LIKE TO BE ON THE MAP.

Alvarez: OKAY. AND LET'S SEE. AND YOU MENTIONED IF -- AFTER THREE YEARS, SORT OF SUNSET, AND SO THAT WOULD BE THE SAME PROCESS TO -- TO -- FOR THE CONTINUANCE.

YES.

Alvarez: IN ORDER TO CONTINUE.

YES. WITH THE GOAL BEING THAT THERE WOULD BE FEWER, NOT AS GREAT OF A NEED TO DO THAT BECAUSE THE NEIGHBORHOOD PLANNING PROCESS WOULD HAVE TAKEN CARE OF THE ISSUE.

Alvarez: OKAY. ONE LAST QUESTION ON SORT OF LEGAL LANGUAGE, THE VERY FIRST PAGE, PARKING IN THE FRONT OR SIDE YARD SECTION. IT SAYS A INTERSECTION NUMBER 1 DRIVEWAYS DEFINED.

YES, SIR.

AT THE VERY END IT SAYS AN AREA OR AN AREA ADJACENT TO A CURB CUT PROVIDING VEHICULAR ACCESS BETWEEN THE STREET AND AN OFFSET PARKING AREA AND INCLUDES A CIRCULAR DRIVEWAY. IT MAKES IT LOOK LIKE ONLY IF YOU HAVE A CIRCULAR DRIVEWAY CAN IT BE A DRIVEWAY? THE AND/OR THING. SO I WAS GOING TO SEE IF WE COULD CHANGE THAT, DELETE THE AND, PUT A COMMA, SAY INCLUDING A CIRCULAR DRIVEWAY.

WE CAN DO THAT.

JUST TO MAKE -- SO THERE'S NO QUESTIONS ABOUT THAT. THAT'S ALL OF THE QUESTIONS THAT I HAVE FOR NOW, MAYOR.

Mayor Garcia: THANK YOU, COUNCILMEMBER. FURTHER QUESTIONS, COMMENTS? MOTIONS?

Thomas: MAYOR?

Mayor Garcia: MAYOR PRO TEM?

Thomas: MAYOR PRO TEM, GO AHEAD.

Mayor Garcia: MAYOR PRO TEM?

Goodman: DO WE HAVE A MOTION?

Mayor Garcia: NO, BUT YOU MAKE ONE.

Goodman: WELL, I WAS DEFERRING TO THE SPONSOR.

Mayor Garcia: COUNCILMEMBER THOMAS DO YOU WANT TO MAKE A MOTION.

Thomas: YES, I MAKE A MOTION THAT WE ACCEPT THE ORDINANCE AS READ.

Mayor Garcia: THE ORDINANCE THAT'S DESIGNATED 58 R, CORRECT?

Thomas: YES, SIR.

Mayor Garcia: IS THERE A SECOND?

Goodman: SECOND.

Mayor Garcia: SECONDED BY THE MAYOR PRO TEM. DISCUSSION?

Alvarez: MAYOR?

Mayor Garcia: COUNCILMEMBER ALVAREZ?

Alvarez: YES. I WOULD -- THE CHANGE THAT I JUST MENTIONED FOR THAT PART OF 60-5-22-A-1 THAT THE END OF THAT SHOULD BE INCLUDING A CIRCULAR DRIVEWAY AS OPPOSED TO AND INCLUDES A CIRCULAR DRIVEWAY.

Mayor Garcia: INCLUDING A CIRCULAR DRIVEWAY. YOU WANT TO TAKE OUT THE WORD AND?

Alvarez: RIGHT.

Mayor Garcia: AND SAY INCLUDING.

Alvarez: UH-HUH.

Mayor Garcia: IS THAT A FRIENDLY AMENDMENT, COUNCILMEMBER THOMAS?

Thomas: YES, SIR.

Mayor Garcia: MAYOR PRO TEM?

Goodman: YES.

Mayor Garcia: YES. ANYTHING ELSE?

Alvarez: YES. THE OTHER ISSUE THAT I WANTED TO PROPOSE AS A FRIENDLY AMENDMENT, ALTHOUGH I'M NOT -- I DON'T KNOW IF IT WILL BE RECEIVED AS FRIENDLY. BUT EARLIER VERSIONS OF THIS DID HAVE A PETITION REQUIREMENT THAT IN ORDER TO QUALIFY YOU HAD TO GO AND GET A CERTAIN PETITION, AMOUNT OF SIGNATURES OF THE LANDOWNERS. SO UNDER PART 6, IF WE COULD ADD I, A SECTION I, THAT SAID WITH THEIR APPLICATION THEY MAY SUBMIT A PETITION OF 20% OF THE LANDOWNERS IN THE -- IN THE DEFINED NEIGHBORHOOD AREA. AND FOR ME I -- I JUST WOULD FEEL MORE COMFORTABLE WITH THAT TO MAKE SURE THAT AGAIN THERE'S ANOTHER EFFORT TO GO OUT AND INFORM THE NEIGHBORS, BECAUSE EVERYBODY'S PROPERTY, EVERY SINGLE LOT IN THESE NEIGHBORHOODS IS GOING TO BE AFFECTED. I WOULD LIKE AT LEAST FOR -- FOR ANOTHER, YOU KNOW, TO MAKE SURE THAT IT BEEN THAT EFFORT TO -- TO GET SUPPORT FROM -- FROM THE -- FROM THE LANDOWNERS IN THESE --

Mayor Garcia: SO IT WOULD READ -- THE FORMS SHALL INCLUDE THE FOLLOWING INFORMATION, A, B, C, D, E, F, G, H, I, A PETITION FROM 20% OF THE PROPERTY OWNERS?

Alvarez: YES, THAT'S WHAT I WOULD PROPOSE.

Mayor Garcia: IS THAT A FRIENDLY AMENDMENT? MAYOR PRO TEM?

Goodman: COULD I ASK FOR A CLARIFICATION?

Thomas: YEAH.

Mayor Garcia: CLARIFICATION, COUNCILMEMBER ALVAREZ?

Goodman: ARE YOU SAYING INSTEAD OF A NEIGHBORHOOD ASSOCIATION BEING THE AGENT, THAT AN INDIVIDUAL THAT LIVES THERE CAN -- CAN GET A PETITION WITH 20% OF THE PROPERTY OWNERS WITHIN THE ESTABLISHED BOUNDARIES OF THE NEIGHBORHOOD ASSOCIATION? OR IS THERE ANY SORT OF -- SORT OF LIMITATION OF THE AREA THAT YOU MEAN AND THEN -- AND THEN I GUESS -- HOW WOULD WE --

Alvarez: HOWEVER WE ARE DEFINING THESE NEIGHBORHOODS AND I ASSUME THAT THAT NEIGHBORHOOD ASSOCIATION DEFINES ITS OWN BOUNDARIES. BUT THAT -- BUT THAT AS PART OF THEIR APPLICATION, BECAUSE IT SAYS, YOU KNOW, THE -- THE NEIGHBORHOOD ASSOCIATION WOULD FILE THE -- THE APPLICATION FOR INCLUSION ON THE RESTRICTIVE PARKING AREA MAP, BUT ONE OF THE THINGS THAT THEY HAVE TO ALSO SUBMIT IS A PETITION WITH 20% OF THE LANDOWNERS AS CAN BE VERIFIED BY THE CITY. LIKE WE DO FOR VALID PETITIONS. OTHER KINDS OF -- OF OTHER ISSUES.

Goodman: OKAY. I DON'T -- I DON'T THINK IT WOULD BE FRIENDLY IN THIS CONTEXT. ALTHOUGH LATER WHEN WE GET INTO FURTHER DISCUSSION I WILL TRY TO EXPLAIN WHY WE STAYED A I WAY FROM THAT PARTICULAR -- AWAY FROM THAT PARTICULAR WAY OF NOT ENFORCEMENT, BUT -- BUT SOLICITING --

Mayor Garcia: LET ME SEE IF THE MAKER OF THE MOTION CONSIDERS THAT A FRIENDLY AMENDMENT, COUNCILMEMBER THOMAS, IS THAT A FRIENDLY AMENDMENT?

Thomas: NO, SIR.

Mayor Garcia: OKAY, IT'S NOT A FRIENDLY AMENDMENT. SO IS THERE A SECOND TO THE -- TO THAT AMENDMENT PROPOSED BY COUNCILMEMBER ALVAREZ?

Slusher: I WILL SECOND IT FOR DISCUSSION.

Mayor Garcia: SECONDED BY COUNCILMEMBER SLUSHER FOR DISCUSSION.

Slusher: I WOULD LIKE TO HEAR THE MAYOR PRO TEM'S ARGUMENT ABOUT WHY IT WASN'T -- WHY YOU CHOSE NOT TO GO THAT WAY.

Mayor Garcia: LET ME EXPLAIN THAT THIS MOTION MAY NOT BE VOTED BECAUSE IF AFTER DISCUSSION THE SECONDER DECIDES THAT THE MOTION -- THAT THE AMENDMENT IS NOT FRIENDLY, THEN WE WILL GO BACK TO THE MAIN MOTION. MAYOR PRO TEM, ARE YOU GOING TO -- YOU WANT TO RESPOND TO COUNCILMEMBER SLUSHER'S REQUEST?

Goodman: WELL, PART OF IT IS A VERY PRACTICAL SENSE OF WHAT KIND OF PERSONNEL AND BUDGET THAT WE HAVE TO BE ABLE TO DOUBLE CHECK THE ACTUAL PROPERTY OWNERS, UNLESS YOU ARE NOT MAKING A REQUIREMENT OF PROPERTY OWNERS, YOU ARE TALKING ABOUT RESIDENTS, BUT STAFF THEN WOULD HAVE TO GO THROUGH THE SAME PROCESS AND VERIFICATION METHOD THAT WE DO IN A -- IN A ZONING CASE. MY ORIGINAL THOUGHT HAD BEEN THAT AFTER THE THREE-YEAR, THE INTERIM INCLUSION, THAT THEN IF A NEIGHBORHOOD PLANNING EFFORT WAS NOT EITHER IN PROGRESS OR IN THE NEAR FUTURE, THAT THE CITY WOULD THEN GO INTO A NORMAL ZONING CHANGE NOTIFICATION MODE AS WE DO. THROUGH -- THROUGH PROPERTY OWNERS OF RECORD AND THE WHOLE THING. BUT THE VERIFICATION PROCESS ITSELF IS FAIRLY INTENSIVE, IT DOES TAKE A LOT OF TIME. AND IN THREE YEARS, 90% OF OUR PLAN SCHEDULE, OUR NEIGHBORHOOD PLANNING PLANS, WILL BE COMPLETED AND THAT THEN WOULD BE A DOABLE NUMBER FOR STAFF. AT THIS POINT, WE ARE NOWHERE NEAR RESPECTABLE PERCENTAGE LIKE THAT. AND IN TWO YEARS WE WOULD ONLY BE 60% THERE. SO STAFF'S CONCERN WAS THAT WE WOULD BE PUTTING IN A REQUIREMENT THAT WE REALLY DON'T HAVE THE RESOURCES TO CARRY OUT.

Slusher: MY CONCERN IS THE AMOUNT OF NEIGHBORHOOD ASSOCIATIONS OR THE AMOUNT OF AREA IN THE CITY THAT GETS INTO THIS JUST BY A NEIGHBORHOOD ASSOCIATION PUTTING -- PUTTING -- SUBMITTING A LETTER AT THIS POINT. I THINK THAT'S WHAT COUNCILMEMBER ALVAREZ IS TRYING TO GET AT. I WILL YIELD TO COUNCILMEMBER DUNKERLY.

Mayor Garcia: COUNCILMEMBER DUNKERLY?

Dunkerly: OKAY. I WOULD LIKE TO RESPOND TO THAT. WE ARE NOT ASKING THE NEIGHBORHOOD ASSOCIATION JUST TO SUBMIT A LETTER. WHAT WE ARE ASKING THEM TO DO IS TO PROVIDE NOTICE TO THEIR NEIGHBORHOOD ASSOCIATION AND TO HAVE A LEGAL VOTE ACCORDING TO THEIR BYLAWS. AND SUBMIT CERTIFICATION OF THAT ACTION TO THE -- TO THE PLANNING DEPARTMENT. I THINK THE OTHER -- ALONG WITH A COPY OF THE BY LAWS THAT SHOWS HOW THEY ARE SUPPOSED TO HAVE CONDUCTED THE VOTE. IN OTHER WORDS, WE WANT TO ENSURE THAT THEY FOLLOW THE PROPER PROCEDURE. BUT THE REAL INTENT OF THIS ORDINANCE IS THAT THIS PROCESS BECOMES PART OF THE NEIGHBORHOOD PLANNING PROCESS. AND THIS WHOLE ORDINANCE WILL -- WILL BASICALLY GO AWAY OVER A PERIOD OF TIME AS THE NEW NEIGHBORHOOD PLANS ARE DEVELOPED AND AS THE OLD NEIGHBORHOOD PLANS ARE AMENDED. BUT AT THAT TIME, THIS -- THIS PARKING ORDINANCE WILL BE ADDRESSED AS ANY OTHER TOOL IN A NEIGHBORHOOD PLAN. SO THIS IS A WAY THAT IS NOT TOO REASONROUS FOR A NEIGHBORHOOD, -- ONEROUS FOR A NEIGHBORHOOD, BUT CAN BE DONE CONSISTENTLY FROM NEIGHBORHOOD TO NEIGHBORHOOD AND THAT WILL SERVE AS AN INTERIM SOLUTION. SO THAT'S WHY -- THAT'S WHY I'M GOING TO BE SUPPORTING COUNCILMEMBER THOMAS' AND MAYOR PRO TEM GOODMAN'S PROPOSAL.

Slusher: OKAY. MAYOR? YEAH, THANK YOU, COUNCILMEMBER. I UNDERSTAND THAT. I GUESS THE NEIGHBORHOOD PLAN, I GUESS, IS MORE EXPANSIVE AS FAR AS INCLUDING MORE PEOPLE IN THE AREA THAN JUST A NEIGHBORHOOD ORGANIZATION. SO MY CONCERN IS THE NEIGHBORHOOD ORGANIZATION JUST GETTING THROUGH WHAT -- I UNDERSTAND THAT YOU HAVE IT TIGHTER THAN IT WAS BEFORE. THEY FOLLOW THEIR BY LAWS, TAKE A VOTE. BUT THAT'S MY CONCERN ON THAT. BUT -- BUT I'M -- SO I -- I'M TORN ON THIS AMENDMENT, THOUGH, BECAUSE I DON'T -- IT DOESN'T LOOK LIKE IT'S GOING TO PASS ANYWAY, COUNCILMEMBER. I THINK THAT'S GOING TO ADD MORE STAFF TIME. I THINK THE WHOLE THING ADDS MORE STAFF TIME. BUT IF IT'S GOING TO ADD MORE STAFF TIME. I WOULD WITHDRAW MY SECOND, ESPECIALLY SINCE IT'S NOT GOING TO PASS ANYWAY, I DON'T THINK.

Alvarez: MAYOR? THE ONLY THING THAT I WOULD ADD IS THAT WE ALREADY DO THAT FOR ZONING CASES. SO IT'S SOMETHING THAT OUR STAFF IS ALREADY FAMILIAR WITH. BUT FROM MY POINT OF VIEW, I THINK IT'S -- WE DO ASK THAT THEY PROVIDE A COPY OF THE NOTICE OF THE MEETING AT WHICH A VOTE WAS TAKEN AND THE PROCESS BY WHICH THE NOTICE WAS ISSUED. BUT DOES THAT MEAN HOW ARE WE GOING TO EVALUATE WHETHER THAT NOTICE PROCESS WAS ADEQUATE OR NOT? I MEAN, I GUESS WE ARE NOT REALLY TALKING ABOUT, YOU KNOW, THAT'S WHY I AM -- I'M PROPOSING THE PETITION REQUIREMENTS SO THAT WE AT LEAST WENT OUT AND GOT 20% OF THE OWNERS TO AGREE TO IT. BUT THIS WAY, YOU KNOW, I'M NOT SURE DID THEY GO DOOR TO DOOR, DID THEY MAKE SURE ALL OF THE LANDOWNERS KNEW ABOUT IT OR NOT. THAT'S -- I JUST WOULD BE MORE COMFORTABLE IF I KNEW THAT AT LEAST ONE OUT OF EVERY FIVE PEOPLE, LANDOWNERS, WAS -- YOU KNOW, HAD ALREADY AGREED TO DO OR -- AGREED TO THIS PARTICULAR REGULATION, APPLYING TO THEIR PROPERTY.

Slusher: OKAY MUCH EXPLAIN TO ME HOW -- WHAT HE JUST SAID DIFFERS FROM WHAT'S GOING TO BE THE PROSPECTIVE PROCESS WE ARE GETTING IN FOR ANYBODY THAT'S NOT ON THIS MAP ALREADY THROUGH THE NEIGHBORHOOD ORGANIZATION APPROVAL. AREN'T THEY GOING TO HAVE TO GO OUT AND PETITION AND GET A -- GET SIGNATURES OF PROPERTY OWNERS?

NO? HOW DO YOU GET ON THIS AFTERWARD IF THE NEIGHBORHOOD IS NOT ONE OF THESE COLORED IN IN GREEN NOW, WANTS TO GET ON THE -- PROSPECT ACTIVELY.

A NEIGHBORHOOD ASSOCIATION OR THROUGH THE NEIGHBORHOOD PLANNING PROCESS.

THROUGH THE NEIGHBORHOOD -- WELL, BOTH. OKAY. LET'S SAY THIS PASSES TONIGHT. AND THEN SOMEBODY ELSE SAYS, WELL, I THINK WE OUGHT TO HAVE THIS IN MY NEIGHBORHOOD, BUT WE DIDN'T GET IN THERE TO START WITH. WHAT ARE THEY GOING TO HAVE TO DO?

THEY WILL HAVE TO FILE THE FORM THAT WILL BE DEVELOPED BY THE NEIGHBORHOOD PLANNING AND ZONING DEPARTMENT WITH THOSE ITEMS IN PART 6. AND THAT WILL COME TO COUNCIL AND COUNCIL WILL VOTE TO EITHER AMEND THE MAP TO INCLUDE IT OR NOT. THROUGH THE NEIGHBORHOOD PLANNING PROCESS, THAT WOULD BE A DIFFERENT -- ONCE IT GETS TO THE NEIGHBORHOOD PLANNING PROCESS, THAT PROCESS WILL BE DIFFERENT.

Slusher: SO THEY WOULDN'T HAVE TO HAVE ANY PERCENTAGE OF THE PROPERTY OWNERS IN THE AREA. IT WOULD JUST HAVE TO BE THE NEIGHBORHOOD ASSOCIATION?

FILING THE DOCUMENTATION, YES. FOR THE -- AS LONG AS IT'S A NEIGHBORHOOD ASSOCIATION. ONCE IT GET TO THE NEIGHBORHOOD PLANNING PROCESS, IT WOULD BE DIFFERENT.

Slusher: BUT THE NEIGHBORHOOD ASSOCIATION, WHICH USUALLY WOULDN'T INCLUDE ALL OF THE PROPERTY OWNERS IN THE AREA, I MEAN, IT WOULD BE REGISTERED TO REPRESENT THAT AREA, BUT WOULD PROBABLY HAVE A VERY SMALL ATTENDANCE AT THE NEIGHBORHOOD ASSOCIATION MEETINGS OF THE PEOPLE IN THAT AREA. BUT THAT NEIGHBORHOOD ASSOCIATION WOULD BE ABLE TO GET THE WHOLE -- THE WHOLE BOUNDARY OF THEIR NEIGHBORHOOD ASSOCIATION IN JUST THROUGH SUBMITTING THE DOCUMENT TO US, A VOTE OF THAT NEIGHBORHOOD ASSOCIATION?

Goodman: COUNCILMEMBER, I THINK THAT'S NOT A DEBORAH QUESTION SO MUCH AS THAT'S AN US QUESTION.

Slusher: WHOEVER WANT TO GRAB IT.

Goodman: MAYOR, IF I COULD, I THINK THAT WE HAVEN'T DONE THIS QUITE IN CHRONOLOGICAL ORDER SO THAT WHAT I PROPOSED IS CLEAR. IF I COULD? YES. THE WAY THIS WAS ORIGINALLY LAID OUT WAS NOT IN ANY WAY AN ORDINANCE THAT I COULD SUPPORT BECAUSE OF THAT VERY THING. BUT THE CHANGES THAT HAVE COME OVER TIME AND THEN IN ADDITION NOW PART 6, WITH THE KIND OF -- OF OFFICIAL CLARIFICATION AND EXPLANATION OF THE PROCESS AND PROCEDURE USED BY THE NEIGHBORHOOD ASSOCIATION IS BECAUSE THIS IS SORT OF AN OVERLAPPING AND SORT OF HYBRID KIND OF ORDINANCE. IT'S REALLY LAND USE ISSUES THAT ARE BEING PUT INTO THE VENUE OF A.P.D. ENFORCEMENT. EVEN THOUGH THERE WOULD STILL BE, YOU KNOW, LAND USE DEVELOPMENT AND INSPECTOR ABILITIES TO ENFORCE VIOLATIONS AS WELL. BUT BECAUSE IT IS A HYBRID AND IT'S NOT QUITE GOING THROUGH THE NORMAL PROCESS, NOT AN AMENDMENT TO THE LAND DEVELOPMENT CODE, ALTHOUGH IT SHOULD BE THAT, TOO, THE NEIGHBORHOOD ASSOCIATIONS ARE OFFICIALLY WITHIN THE LAND DEVELOPMENT CODE AGENTS, QUOTE AND UNQUOTE, IN THAT THEY ARE, QUOTE INTERESTED PARTIES, UNQUOTE. AND THEY HAVE THAT OFFICIAL STANDING IN LAND DEVELOPMENT ISSUES. AND THIS -- IN THIS CASE IT ALSO OVERLAPS WITH THE PROCESS THAT WE ARE INVOLVED IN OF NEIGHBORHOOD PLANNING AND I THINK THERE WAS CONSENSUS FROM EVERYONE THAT THROUGH NEIGHBORHOOD PLANNING EACH NEIGHBORHOOD OR GROUP OF NEIGHBORHOODS COULD ADOPT THAT AS PART OF THEIR PLAN OR NOT. SO THIS IS FOR THE INTERIM OR FOR I SUPPOSE ULTIMATELY A NEIGHBORHOOD THAT NEVER WAS WISHING TO BE INVOLVED IN THAT DETAIL DETAILED OF AN EFFORT FOR NEIGHBORHOOD PLANNING. SO THE EFFORT HERE WAS SINCE NEIGHBORHOOD ASSOCIATIONS ARE THE ONLY ORGANIZED GROUP THAT WE HAVE ALREADY GOT A PRECEDENT FOR ALLOWING IN SOME WAY TO HELP US ASSESS SUPPORT OR NON-SUPPORT OF A LAND DEVELOPMENT ISSUE, AND SINCE TRULY AT THIS TIME IN OUR BUDGETARY HISTORY WE DO NOT HAVE THE RESOURCES TO GO AND CHECK THOSE 20% VALIDITY RATES, VIRTUALLY ANY AND ALL AREAS OF THE CITY IF EVERY NEIGHBORHOOD, OR IF MANY NEIGHBORHOODS WANTED TO DO THIS, WE DON'T HAVE THE ABILITY SO IT WOULD BE A FORMALITY AND PERHAPS A VERY LOOSE FORMALITY AND NOT VERY EFFECTIVE. BUT WHAT MIGHT BE EFFECTIVE, BECAUSE NOT EVERY NEIGHBORHOOD DOES WANT TO DO THIS. IN FACT IT'S ONEROUS FOR SOME NEIGHBORHOODS AND NEGATES BOTH THE SPIRIT AND THE CHARACTER OF THE NEIGHBORHOOD THAT THEY WOULD LIKE TO PRESERVE, IF WE ARE MAKING AN INTERIM PROCESS FOR NEIGHBORHOOD ASSOCIATIONS TO TAKE THAT ROLE, THEN EACH NEIGHBORHOOD ASSOCIATION THAT'S -- THAT'S BRINGING ON BY REPRESENTATIVE VOTE, SO TO SPEAK, AN AREA OF TOWN NEEDS TO HAVE SOME QUALIFICATIONS, SOME HOOPS TO JUMP THROUGH SO THAT THEY ARE LEGITIMATELY IN SYNC WITH THE PROCESSES THAT THEY AND THEIR NEIGHBORHOOD ASSOCIATION HAVE CHOSEN TO FOLLOW. AND IT'S A VERY SUBJECTIVE OBSERVE I CAN'T ANSWER, I THINK, FOR -- OBSERVE ANCE FOR ALL OF US. SOME OF THEM WILL HAVE VERY DIFFERENT AND MORE LONG STANDING AND EVOLVED BYLAWS THAN OTHERS. I THINK THEY SHOULD ALL HAVE BYLAWS BECAUSE WITHIN THE BYLAWS YOU ESTABLISH WHO IS WITHIN YOUR MEMBERSHIP RANGE. WHO IS ALLOWED TO BE A MEMBER IN SOME CASES, WHO IS NOT ALLOWED. AND THAT'S AN ISSUE THAT NEEDS TO BE RIGHT UP FRONT WHEN YOU ARE PROFESSING TO BRING IN AN AREA FOR THIS ORDINANCE. THE PROCEDURE THAT YOU USED FOR NOTIFICATION AND SOME NEIGHBORHOOD ASSOCIATIONS WILL FEEL COMPELLED, OBLIGATED TO PUT A FLIER OR SOMETHING, SOME OTHER NOTIFICATION ON EVERY SINGLE PROPERTY OWNER'S DOOR WITHIN THEIR BOUNDARIES, OTHERS MAY NOT. OTHERS MAY NOT BE ABLE TO. BUT THE SPECIFIC PROCEDURES AND PROCESSES WILL BE IN A CHECKLIST THAT WILL PROVIDE FOR FOLKS A FORM THAT NEIGHBORHOOD ASSOCIATIONS CAN FILL OUT OFFICIALLY AND NOTORIETY RISE AND -- NORTH RISEZE, BOILERPLATE OR NOT, THAT THEY ARE OFFICIALLY ON RECORD FOLLOWING WHATEVER THEIR PROCESSES WERE. IF YOU FIND FAULT WITH THOSE PROCESSES, THAT'S ANOTHER ISSUE AND YOU CAN TALK TO THE COUNCIL OR PLINGS OR -- OR PLANNING COMMISSION OR WHOMEVER ABOUT WHETHER WE TEED TO HAVE SOME SORT OF MORE UNIFORM QUALIFICATION FOR HOW REREGISTER NEIGHBORHOOD ASSOCIATIONS. BUT AT THIS MOMENT WE DON'T -- WE DON'T CHALLENGE THE CONTENT OF BYLAWS, BUT I THINK WE SHOULD REQUIRE BYLAWS BECAUSE THOSE BYLAWS WOULD INCLUDE WHO YOUR OFFICERS ARE, I DON'T KNOW WHO THE PEOPLE, BUT WHAT OFFICERS THAT YOU HAVE LAID OUT WITHIN YOUR ORGANIZATION, WHAT YOUR DUES ARE, IF ANY, WHAT QUALIFICATIONS ARE FOR MEMBERSHIP, WHAT THE NOTIFICATION PROCESS WAS FOR YOUR MEETING, HOW FAR OUT, WHERE IT WAS, WHO YOU INFORMED. WHO -- WHO WAS PRESENT AT YOUR MEETING, WHAT THE VOTING PROCEDURE WAS AT THAT POINT. AND IF YOU ONLY HAD MEMBERS VOTING BEFORE DID YOU AMEND THAT PROCESS IN THIS SPECIAL CASE? ALL OF THOSE DETAILS ARE PART OF WHAT I THINK BRINGS CREDIBILITY TO THE NEIGHBORHOOD ASSOCIATION THAT'S ENDEAVORING TO TAKE CHARGE ON THIS. AND AS A SIDE NOTE THERE, THOSE WHO HAVE ALREADY GONE THROUGH THIS PROCEDURE HAVE UNTIL FEBRUARY? TO -- TO COME BACK IN AND GET THE CHECKLIST ONCE WE DRAFT THAT AND FILL OUT THE PROCEDURES THAT THEY HAVE ALREADY GONE THROUGH. THOSE WHO MOVE ON FROM HERE WILL FILL OUT THE SAME THING, BUT THEY WILL HAVE IT READY AND THEY WON'T HAVE TO DO IT RETROACTIVELY. AND THERE'S ALSO WHAT THE CRITERIA IS FOR A MAJORITY VOTE FOR A PASSAGE OF A POSITION FROM THAT NEIGHBORHOOD ASSOCIATION. HOW MANY VOTED. YOU KNOW, WHAT THE -- WHAT THE PERCENTAGE OF THE PASSAGE APPROVAL OR -- WELL, IF THEY ARE NOT APPROVED THEY WOULDN'T BE HERE ANYMORE. BUT -- WOULD NOT BE HERE ANYWAY, THOSE THINGS ARE IMPORTANT. BUT INCLUDING THE BYLAWS, WHETHER YOU AGREE WITH THE NEIGHBORHOOD ASSOCIATION AND HOW THEY CAME ABOUT THIS INTERIM ACTION, IT IS VERY CLEARLY LAID OUT SO THAT THERE CAN BE NO CHARGES, I THINK, OF -- OF RAILROADING, IF THAT'S NOT A -- I DON'T KNOW HOW TO GET A PARKING ANALOGY IN THERE. BUT THERE ARE FEARS FROM MANY NEIGHBORHOODS THAT A SMALL GROUP OF ACTIVISTS IS GOING TO DECIDE FOR THEM. IF THAT'S THE CASE, WE HAVE ENTRUSTED NEIGHBORHOOD ASSOCIATIONS WITH THIS ROLE AS QUASI AGENTS, BUT THEY WILL LAY OUT WHAT THEIR PROCESS AND PROCEDURES AND THAT IS ALSO PART OF THE INTERIM RECORD. SO THE NEIGHBORHOOD ASSOCIATIONS IF CHALLENGED BY THEIR OWN NEIGHBORS WILL DEAL WITH THAT, I'M SURE AND PERHAPS BYLAWS AND PROCESSES WILL EVOLVE FROM THAT AS WELL. AND THE OTHER IMPORTANT THING IS THAT I DIDN'T REALIZE THIS, BUT MORE THAN ONE NEIGHBORHOOD ASSOCIATION SOMETIMES CLAIMS A SPECIFIC AREA OF THE NEIGHBORHOOD. NOW, I KNEW THEY WERE OVERLAPPING GROUP, YOU KNOW, LIKE ENVIRONMENTAL, OTHER COMMUNITY GROUPS, CIVIC GROUPS. SOMETIMES THEY HAVE OVERLAPPING INTERESTS AND THEY WORK TOGETHER, WHAT HAVE YOU. BUT I THINK THIS IS ALSO AN OPPORTUNITY THROUGH THIS NEIGHBORHOOD ASSOCIATION PROCESS, TO START HAVING ASSOCIATIONS SPEAK TO OTHER ASSOCIATIONS AND WORKING OUT THOSE BOUNDARY DISPUTES. BECAUSE TWO GROUPS IN THE VERY SAME VEIN CANNOT CLAIM THE SAME PEOPLE. THAT'S SIMPLY NOT POSSIBLE. SO IT GIVES US AN OPPORTUNITY TO SEE IF WE CAN CLEAN UP SOME BOUNDARIES. IF SOME GROUPS CAN COME TO TERMS WITH OVERLAPPING BOUNDARIES OR MERGE OR GO IN PARTNERSHIP OR WHATEVER. AND THIS ORDINANCE MAY BE THE MECHANISM FOR THEM TO DO THAT. SO THAT WAS ANOTHER UPSIDE OF -- OF HAVING THIS. IN THE MEANTIME, IT WAS IMPORTANT THAT THIS IS AN INTERIM ORDINANCE TO TAKE US INTO WHAT SOME DAY WILL BE A FULLY PLANNED CITY WITH -- WITH THE CHARACTER AND CULTURE OF EACH NEIGHBORHOOD FIRMLY END ENSCONCEED IN AN ORDINANCE PROTECTION OF SOME TIME. IN THE MEANTIME WE DON'T HAVE THAT BUT SOME NEIGHBORHOODS DO WANT THIS KIND OF OVERLAY NOW. SO IN ORDER TO TRY TO GET THE BEST OF BOTH WORLDS, BECAUSE THERE ARE AGAIN MANY PEOPLE WHO ARE NOT AT ALL INTERESTED IN HAVING THIS ORDINANCE APPLY TO THEIR AREA, AT LEAST IT PUTS SOME SEMBLANCE OF RESPONSIBILITY AND ACCOUNTABILITY AND UNDERSTANDABILITY INTO WHO IS INCLUDED AND WHY.

Mayor Garcia: DID YOU WITHDRAW YOUR SECOND ON THE SUBSTITUTE MOTION, COUNCILMEMBER?

Slusher: YES.

Mayor Garcia: IS THERE A SECOND TO THE SUBSTITUTE MOTION BY COUNCILMEMBER ALVAREZ? IF NOT, THAT --

Slusher: I HAVE A COUPLE OF QUESTIONS, THEN I WILL BE QUIET. LET SOMEBODY ELSE TALK. THE -- I WOULD JUST LIKE TO KNOW, I THINK THIS IS FOR MS. THOMAS, BUT WHOEVER WANTS TO ANSWER IT.

Mayor Garcia: PUT YOUR MIC ON.

Slusher: I THINK IT IS ON. THEY WEAKENED MY MIC TODAY, I THINK. [ LAUGHTER ]

I DIDN'T TELL THEM TO DO THAT.

TURN IT UP, TURN IT UP.

TANGLE WOOD, OUT HERE, I'M LOOKING AT SOME OF THE BIGGER AREAS. COULD YOU TELL ME HOW MANY -- HOW MANY PEOPLE VOTED TO PUT THAT AREA IN? AT THIS POINT I DON'T KNOW. I DON'T KNOW WHAT PROCESS THEY WENT THROUGH. THERE ARE LETTERS THAT MAY INDICATE THAT. BUT I DON'T HAVE THOSE LETTERS.

Slusher: OKAY. BECAUSE I KNOW ONE OF THE EARLIER -- I ASKED ABOUT THIS AREA, I THINK IT WAS FROM STASSNEY ALL THE WAY OUT IN THE CITY LIMITS, WESTGATE TO I-35, ONLY TWO FOLKS SIGNED THAT. THAT'S BEEN REMOVED. OKAY. SO YOU DON'T HAVE THAT HANDY?

NO. I DON'T.

Goodman: I THINK, TOO, SOME PEOPLE MISUNDERSTOOD EXACTLY WHAT PROCESS WE WERE IN RIGHT NOW. THE TWO FOLKS WHO DID THAT UMBRELLA LETTER THOUGHT THAT WE WERE IN THE PROCESS OF PUTTING TOGETHER SUCH A THING AND THEY WERE SAYING THEY WANTED TO BE INCLUDED IN HELPING PUT THAT TOGETHER. THEY WEREN'T TRYING TO SPEAK FOR THE WHOLE AREA. AND SAY INCLUDE US NOW. BUT THAT'S HOW IT WAS PERCEIVED.

Slusher: I SORT OF STUMBLED ACROSS THAT MYSELF BECAUSE I JUST SAW THE HUGE AREA WHICH MUST HAVE TENS OF THOUSANDS OF PEOPLE IN IT. FIND OUT -- FOUND OUT THAT HAD BEEN INCLUDED FOR THIS BY TWO PEOPLE SENDING A LETTER. I DIDN'T REALIZE NOW THAT'S NOT WHAT THEY INTENDED. NOW I CAN'T BE ANSWERING HOW THESE OTHER AREAS ARE -- HOW MANY PEOPLE SIGNED THOSE LETTERS OR VOTED AT THOSE NEIGHBORHOOD ASSOCIATIONS TO INCLUDE THOSE AREAS. MS. GORDON, I THINK WANT TO SAY SOMETHING.

MAYOR AND COUNCIL LET ME JUST CLARIFY. ONE OF THE SECTIONS THAT WE HAVE IN THE ORIGINS ALLOWS FOR IT TO TAKE EFFECT FOR SOME OF THE AREAS, BUT THEY WILL GO THROUGH THAT PROCESS OF VALIDATION WHICH MAYOR PRO TEM EXPLAINED IN A LOT OF DETAIL. WHICH WILL ALLOW US TO ASSESS WHAT THE NUMBERS WERE AND WHAT THOSE AREAS WERE. SO THIS TAKES EFFECT. IT'S A SMALL TIME FRAME AND THEN EVERYONE IS CERTIFYING AND THAT WILL COME BACK TO YOU IN APRIL. WE WILL RECEIVE THE FORMS AND REVIEW THE MATERIALS SUBMITTED IN FEBRUARY AND THEN IT WOULD COME BACK FOR A VOTE IN APRIL. YOU WOULD HAVE THAT INFORMATION ON WHO VOTED, WHAT NUMBER OF HOMES ARE IN THE MEMBERSHIP OF THE ASSOCIATION AND SOME OF THAT DETAIL.

Slusher: UNDER THIS ORDINANCE IN APRIL WE ARE GOING TO GET ON VOTE ON 64 SEPARATE APPLICATIONS TO DECIDE -- WE DECIDE INDIVIDUALLY WHETHER THEY MEET THE CRITERIA OR NOT?

WE WILL PROBABLY PREPARE A STAFF REPORT WHICH PROVIDES YOU INFORMATION ON EACH OF THE AREAS THAT WE ARE REQUESTING TO BE INCLUDED IN THE RESTRICTED PARKING AREA MAP. WE WILL DO IT IN A MORE SIMPLIFIED FORMAT FOR YOU.

Slusher: OKAY. THAT'S ALL OF THE QUESTIONS, MAYOR.

Mayor Garcia: FURTHER QUESTIONS?

EXCUSE ME, MAYOR. I WAS ASKED TO CLARIFY THAT THE STAFF WILL NOT BRING A -- AN APPLICATION TO COUNCIL UNLESS ALL OF THE INFORMATION REQUIRED ON THE FORM HAS BEEN PROVIDED. I COULD DO MAYBE A LITTLE QUICK AMENDMENT IN THE ORDINANCE TO CLARIFY THAT IF THAT WAS DESIRED. THERE'S A MOTION AND A SECOND. THIS IS FOR THIRD READING. THIS IS ON DESIGNATED R. IF IT PASSES TODAY THE ORDINANCE TAKES EFFECT 10 DAYS FROM NOW.

YES, I BELIEVE THAT'S THE 9TH.

Mayor Garcia: THE 9TH OF SEPTEMBER. ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO.?

NO,.

NO.

MOTION PASSES ON A VOTE OF FIVE TO TWO WITH COUNCILMEMBERS SLUSHER AND ALVAREZ VOTING AGAINST. VOTING NO. OKAY. [ APPLAUSE ]

Thomas: MAYOR, IF I COULD JUST SAY A COUPLE OF THINGS. I WANT TO THANK STAFF FOR DOING THE HARD WORK, ESPECIALLY MS. DEBORAH THOMAS AND -- AND MY STAFF AND ALL OF THE REST OF THE COUNCILMEMBER STAFF THAT GOT INVOLVED AND ABOVE ALL I WANT TO THANK THE GROUP THAT CAME TO ME TWO YEARS AGO, FOR THEIR INITIATIVE AND THEIR HARD WORK AND THE REST OF THE COMMUNITY AND WE ARE LOOKING FORWARD TO MAKING THIS WORK. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU FOR COUNCILMEMBER THOMAS, THANK YOU FOR ALL OF YOUR WORK ON THE LEADERSHIP OF THIS PARTICULAR ISSUE. IT'S -- IT'S 5:40. 20 MINUTES TO 6:00. WE ARE TO OUR 5:00 -- 5:30 TIME CERTAIN. DO WE HAVE OUR MUSICIANS HERE? SO WE WILL GO TO SOME MUSIC, TO SEE IF WE CAN GET OUR NERVES KIND OF BACK TOGETHER. AND -- AND WE WILL ALSO DO PROCLAMATIONS. AND THE -- AND THE MAYOR PRO TEM WILL -- WILL LEAD A DISCUSSION IN EXECUTIVE SESSION ON THE FOLLOWING ITEMS: THEM NUMBER 4 DISCUSS LEGAL ISSUE RELATED TO AUSTIN 360 ASSOCIATES L.P. VERSUS THE CITY OF AUSTIN, CAUSE NUMBER GNO-01372 IN THE 261ST JUDICIAL DISTRICT, COURT OF TRAVIS COUNTY, TEXAS, AND RELATED ISSUES IN THE CHAPTER 245 OF THE TEXAS GOVERNMENT CODE, ALSO KNOWN AS HOUSE BILL 1704. CONCERNING THE DEVELOPMENT OF APPROXIMATELY 10 ACRES NEAR BLUFFSTONE DRIVE AND BLUFFSTONE COVE AT LOOP 360. AND ITEM NO. 5, DISCUSS LEGAL ISSUE RELATED TO EARNEST L.LUNDELIUS, JUNIOR, ET AL, VERSUS THE CITY OF AUSTIN, TEXAS, CAUSE NUMBER GN 104166 FILED IN THE 353RD JUDICIAL DISTRICT COURT OF TRAVIS COUNTY, TEXAS, CONCERNING THE DEVELOPMENT OF APPROXIMATELY 19 ACRES OF LAND NEAR THE INTERSECTION OF WHEELCHAIR DRIVE AND BRODIE LANE. -- OF WILLIAM CANNON DRIVE AND BRODIE LANE. THIS MEETING IS IN RECESS AND WE WILL -- WE WILL INTRODUCE THE MUSIC PROGRAM TODAY AND THEN WE WILL GO TO -- WE WILL GO TO -- TO THE -- TO THE PROCLAMATIONS AND WE WILL BE BACK WHEN -- WHEN WE GET THROUGH ALL OF THE -- ALL OF THAT, ALL OF THOSE ITEMS, THIS MEETING IS IN RECESS. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS] 5:42. [ TIME IS 5:46 P.M. ]

Mayor: SEPTEMBER MARKS THE 19th SEASON OF FREE SHAKESPEARE UNDER THE STARS IN THE PARK. THIS YEAR'S PERFORMANCE CAN BE SEEN AT THE HILLSIDE THEATER IN ZILKER ON THE CAMPUS OF SOUTHWESTERN UNIVERSITY IN GEORGETOWN. ADMISSION IS FREE. JOINING US TODAY IS THE BAND, BLUES CONDITION. THEY WILL BE PERFORMING DURING THE 12th NIGHT TO GIVE THE PLAY ITS IDENTITY. SO IT IS WITH A GREAT DEAL OF PLEASURE THAT I INTRODUCE TO YOU TODAY BLUES CONDITION IN HONOR OF THE AUSTIN SHAKESPEARE FESTIVAL, AND THERE'S A PROCLAMATION THAT WE WILL PRESENT ALSO IN CONJUNCTION WITH THIS PRESENTATION. IT READS AS FOLLOWS: BE IT KNOWN THAT WHEREAS THE AUSTIN SHAKESPEARE FESTIVAL IS SET TO PRESENT ITS 19th ANNUAL FREE SHAKESPEARE UNDER THE STARS PRODUCTION OF THE BELOVED COMEDY 12th NIGHT IN ZILKER PARK IN SEPTEMBER-OCTOBER, AND WHEREAS, ARTISTIC DIRECTOR, GUY ROBERTS AND IN HIS SECOND YEAR WITH THE ASF, AUSTIN SHAIX SPARE FESTIVAL, IS COMMITTED TO PROVIDING PERFORMANCES THAT ARE FRESH, IMAGINATIVE, AND THOUGHT-PROVOKING AND TO REACH AUDIENCES FROM VARIOUS CULTURAL BACKGROUNDS AND WHEREAS, CORY GANGEY -- IS THAT CORRECT?

YES, SIR.

Mayor: AND BLUES CONDITION PROVIDE US WITH A PREVIEW OF SOME OF THE ORIGINAL MUSIC CREATED FOR THE AUSTIN SHAKES SPEAR FESTIVAL, 12th NIGHT. NOW, I, THE MAYOR OF CITY OF AUSTIN, TEXAS, DO HEREBY PROCLAIM AUGUST 29th, 2002 AS AUSTIN SHAKESPEARE FESTIVAL IN AUSTIN, AND WITNESS HEREOF, I HAVE HEREUNTO WITNESSED MY HAND AND CAUSED THE SEAL OF THE CITY OF AUSTIN TO BE AFFIXED. LADIES AND GENTLEMEN, WELCOME BLUES CONDITION. [ APPLAUSE ] (music)(music) [ PLAYING MUSIC ] (music)(music) [ PLAYING MUSIC ] [ APPLAUSE ]

THANK YOU. ON BEHALF OF THE AUSTIN SHAKESPEARE FE VALUE I WOULD LIKE TO THANK, MAYOR, CITY COUNCIL, CITY OF AUSTIN AND EVERYONE IN OUR TEXAS COMMUNITY WHO FOR 19 YEARS HAVE SUPPORTED FREE SHAKESPEARE UNDER THE STARS IN ZILKER FOR THE AUSTIN SHAKESPEARE FESTIVAL. WE THINK THIS WILL BE OUR MOST EXCITING YEAR YET. FOR THE FIRST TIME EVER, WE WILL BE PRESENTING INDOOR AND OUTDOOR PERFORMANCES OF THE PLAYS, AND WE REMAIN DEDICATED TO PRESENTING FREE SHAKESPEARE. WE'RE GOING TO BE PROVIDING FREE BUSSING TO SELECT EAST AUSTIN SCHOOLS SO STUDENTS HAVE AN OPPORTUNITY TO GET BACK AND FORTH FROM THE THEATER. WE'RE ALSO PROVIDING LOCAL AND AREA HIGH SCHOOL TEACHERS WITH FREE STUDY GUIDES TO HELP THEM TEACH STUDENTS THE PLAYS THE WAY THEY WERE MEANT TO BE IN THE THEATER, EXPERIENCING OUR COMMON HUMANITY WITH WILLIAM SHAKESPEARE. IT'S A GREAT PLEASURE AND HONOR THAT WE ACCEPT, MR. MAYOR, THE MAYOR'S PROCLAMATION, AND WE WANT TO REMIND YOU, VERY OBVIOUSLY FROM OUR MUSIC, THAT THIS SOUTHBOUND YOUR GRANDPA'S SHAKESPEARE. A LOT OF FUN STUFF IS GOING ON IN ZILKER PARK. COME CHECK US OUT. THANK YOU VERY MUCH. [ APPLAUSE ]

Mayor: LET ME SAY THAT THE UNIVERSITY OF TEXAS IS ALSO PRESENTING SHAKESPEARE PLAY, AND THEY'RE GOING TO PRESENT IT IN ENGLISH AND IN SPANISH. THEY ASKED ME TO PLAY ONE OF THE SMALL PARTS IN SPANISH. I WILL ALSO BE A SHAKESPEARIAN ACTOR. [ LAUGHTER ] THANK YOU VERY MUCH FOR BEING HERE. THANK YOU FOR THE MUSIC. LET'S GIVE THEM ANOTHER HAND. [ APPLAUSE ]

Mayor: THIS NEXT PROCLAMATION IS BEING PRESENTED TO THE MEALS ON WHEELS FOLKS. IT READS AS FOLLOWS. BE IT KNOWN THAT WHEREAS MEALS ON WHEELS AND MORE HAVE BEEN MEETING THE NEEDS OF HOME BOUND, ELDERLY AND DISABLED IN OUR CITY SINCE 1972 AND WITH 1,800 AUSTINITES BEING SERVED HOT MEALS DAILY BY VOLUNTEERS AND WHEREAS, IN ITS 30th ANNIVERSARY YEAR, THIS ORGANIZATION HAS MOVED INTO A NEW FACILITY THAT QUADRUPLES ITS ABILITY TO PREPARE MEALS AND PROVIDE NEEDS TO THE AUSTIN AGING POPULATION. AND WHEREAS, WE ARE PLEASED TO BE PART OF THIS DEDICATION CEREMONY AND TO CONGRATULATE THE STAFF, VOLUNTEERS AND BOARD OF DIRECTORS FOR THEIR CONTINUING COMMITMENT TO NOURISH AND ENRICH THE LIFE OF THEIR CLIENTS AND PROMOTE THE DIGNITY AND INDEPENDENCE, THEIR DIGNITY AND INDEPENDENCE. THEREFORE, I GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, DO HEREBY PROCLAIM SEPTEMBER 8th, 2002, AS MEALS ON WHEELS AND MORE NEW BUILDING DEDICATION DAY IN AUSTIN. WE ARE PROUD TO PRESENT TO YOU THIS PROCLAMATION, AND WOULD LIKE FOR YOU TO TALK ABOUT WHAT YOU PLAN TO DO. WHO WANTS TO GO FOR IT?

WE WOULD LIKE TO THANK THE MAYOR AND THE CITY COUNCIL FOR THIS PROCLAMATION. THIS IS THE 30th ANNIVERSARY OF MEALS ON WHEELS AND MORE. WE'RE EXCITED TO BE MOVING INTO OUR NEW FACILITY, WHICH WILL ALLOW US TO SERVE THE AGING AND HOMEBOUND POPULATION FOR THE NEXT 30 YEARS. AS YOU KNOW, OUR POPULATION IS AGING, AND THERE WILL BE A GROWING NEED IN THE FUTURE TO SERVE THESE PEOPLE, AND WE SERVE THEM THROUGH VOLUNTEERS, MONDAY THROUGH FRIDAY AND ALSO A SATURDAY MEAL, A HOT MEAL. FOR MANY OF THESE PEOPLE, IT'S THE ONLY HOT MEAL THEY RECEIVE, AND WE'RE THRILLED TO HAVE THIS FACILITY TO BE ABLE TO CONTINUE TO PROVIDE THESE SERVICES. THANK YOU. [ APPLAUSE ]

I'M STANDING FOR JAVIER GARCIA. WE WANT TO THANK THE CITY OF AUSTIN FOR THEIR CONTINUING SUPPORT, NOT ONLY TERMS OF FUNDING AND THE PERMIT FOR THE CREATION OF OUR NEW BUILDING. WE INVITE YOU TO VISIT OUR NEW FACILITY. IT'S A STATE-OF-THE-ART KITCHEN AND ADMINISTRATIVE OFFICE, AND WE HOPE TO SERVE THE CITY AND CENTRAL TEXAS AREA FOR MANY YEARS TO COME. THANK YOU VERY MUCH. [ APPLAUSE ]

Mayor: I THINK WE HAVE SOME FOLKS HERE FROM THE AUSTIN FIRE DEPARTMENT, IS THAT CORRECT, CHIEF? CHIEF? I THOUGHT THEY WERE HERE FOR YOU. THIS PRESENTATION OF DISTINGUISHED SERVICE AWARD IS BEING MADE TO CAPTAIN JIM -- DID YOU SAY THEY CALL YOU JUNKYARD? [ LAUGHTER ] BUENTOS FOR HIS ON-DUTY ATTITUDE WHEN HE'S OFF DUTY THAT RESULTED IN A MAN'S LIFE BEING SAVED, CAPTAIN JIM BUENTO IS DESERVING PUBLIC CLAIM AND RECOGNITION. THIS CERTIFICATE IS PRESENTED IN ACKNOWLEDGEMENT, ADMIRATION, AND APPRECIATION OF HIS HEROISM ON JUNE 2nd, WHEN HE CAME UPON A TRUCK THAT HAD BEEN DRIVEN OFF THE ROAD AND WAS ABLAZE. BLINDED BY SMOKE, CAPTAIN BUENTO FOUND AND PULLED THE UNCONSCIOUS DRIVER FROM THE VEHICLE BEFORE IT EXPLODED. WE JOIN WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY IN CELEBRATING THE CAPTAIN SELFLESSNESS AND SERVICE TO CENTRAL TEXAS. THIS IS PRESENTED THIS 29th DAY OF AUGUST IN THE YEAR 2002. SIGNED BY ME AND HAS THE NAME OF ALL OUR MEMBERS, MAYOR PRO TEM, AND ALL OF OUR MEMBERS. WE PRESENT IT TO YOU WITH A GREAT DEAL OF PRIDE AND BEING VERY THANKFUL FOR THE ACT OF HEROISM. [ APPLAUSE ]

I WANT TO THANK YOU. I'VE BEEN WITH THE FIRE DEPARTMENT FOR OVER 29 YEARS, AND I WOULD LIKE BRADY TO STAND UP. BRADY POOLS IS THE ASSISTANT CHIEF WHEN I GOT INTO THE FIRE DEPARTMENT. I WANT TO SAY I WORKED WITH A LOT OF GREAT GUYS. I APPRECIATE THIS AAWARD. THEY'RE LIKE MY FAMILY RIGHT HERE. THANK YOU. [ APPLAUSE ] [ APPLAUSE ]

THIS PROCLAMATION ACKNOWLEDGES AND RECOGNIZES THE 50th ANNIVERSARY OF THE AFRICAN-AMERICAN FIREFIGHTERS, AND CHIEF LIONEL BETZ AND CORY WRIGHT, GRANDDAUGHTER OF CAPTAIN WILLIE RAY DAVIS AND OTHER FAMILY MEMBERS ARE HERE. THIS PROCLAMATION READS AS FOLLOWS. WHEREAS, THE FIRST AFRICAN-AMERICAN FIREFIGHTERS WERE HIRED INTO THE AUSTIN FIRE DEPARTMENT 50 YEARS AGO AND WERE THE FIRST HIRED UNDER THE CIVIL SERVICE LAW IN THE STATE OF TEXAS AND WHEREAS, THE ORIGINAL THREE FIREFIGHTERS, INCLUDING WILLIE RAY DAVIS, TO SERVE THE CITY 30 YEARS AND ADVANCED TO THE RANK OF CAPTAIN, NATHANIEL KINDRID WHO DIED DURING HIS 25th YEAR OF SERVICE IN THE LINE OF DUTY AND ROY GREENE, WHOSE CAREER SPANNED ALMOST 19 YEARS AND WHEREAS, ON THE 50th ANNIVERSARY OF AFRICAN-AMERICANS SERVING IN THE AUSTIN FIRE DEPARTMENT, IT IS APPROPRIATE TO HONOR ALL OF OUR BLACK FIREFIGHTERS AND TO THANK THEM FOR THEIR CONTINUED SERVICE TO OUR CITY. NOW, THEREFORE, I GUS GARCIA, MAYOR OF THE CITY OF AUSTIN, TEXAS, TO HEREBY PROCLAIM AUGUST 29th, YEAR 2002, AS THE AUSTIN FIRE DEPARTMENT'S BLACK FIREFIGHTERS 50th ANNIVERSARY IN AUSTIN, AND WITNESS HEREOF, I HAVE SET MY HAND AND CAUSED THE SEAL OF THE GREAT CITY OF AUSTIN TO BE AFFIXED THIS 27th DAY OF AUGUST IN THE YEAR 2002. WE HAVE FOUR PROCLAMATIONS TO BE PRESENTED. CHIEF, ONE FOR YOU. ONE FOR CORY. AND THAT'S THE GRANDDAUGHTER OF WILLIE RAY DAVIS. THAT'S YOU? OKAY. WHO ELSE GETS THEM? CONGRATULATIONS.

MY NAME IS RODNEY GREEN. I'M THE SON OF RORY GREEN. HIS WIFE IS HERE. [ APPLAUSE ] I REMEMBER WHEN I WAS AT REAGAN HIGH SCHOOL, THERE WAS CELEBRATION FOR BLACK HISTORY MONTH, AND I SAW A PICTURE OF THE ORIGINAL BLACK FIREFIGHTER, AND I REMEMBER THINKING I WAS SO PROUD OF THAT SIGN. ORDINARY MEN COULD DOING SOMETHING REALLY GREAT BACK THEN. THANK YOU VERY MUCH. THANK YOU FOR THE RECOGNITION. [ APPLAUSE ]

Mayor: THAT'S OUR NEXT SENATOR. CHIEF?

THANK YOU, MAYOR. 21 YEARS AGO WHEN I CAME INTO THE DEPARTMENT, CAPTAIN DAVIS WAS STILL WORKING. I WAS FORTUNATE. ONE OF THE THINGS ABOUT BEING SUCCESSFUL IS TO HAVE GREAT ROLE MODELS, AND I HAD SOME GENTLEMEN HERE, WALKER AND KEN THAT WERE GREAT MENTOR FORCE ME, AND THEY REALLY HELPED ME DURING MY CAREER. I'M REALLY PROUD TO HAVE WORKED WITH THOSE MEN. THANK YOU. [ APPLAUSE ]

Mayor: CORA?

FIRST OF ALL, THANK YOU VERY MUCH. I DO HAVE ONE MINOR CORRECTION, BUT A VERY IMPORTANT ONE. I'M CORA WRIGHT, AND I'M THE DAUGHTER OF WILLIE RAY DAVIS, A RETIRED CAPTAIN FOR THE FIRE DEPARTMENT. I, FIRST OF ALL, WANT TO TELL YOU THAT HE SO VERY MUCH WANTED TO BE HERE. YOU CANNOT KNOW HOW MUCH HE WANTED TO BE HERE. THIS IS AN EXTREMELY IMPORTANT DAY IN THE DAY OF AFRICAN-AMERICANS AND IN THE DAY -- IN THE CITY OF USAEN AND IN THE STATE OF TEXAS. IF YOU DON'T MIND, WHAT I WOULD LIKE TO DO IS ASK ALL OF THE FAMILY MEMBERS WHO ARE PRESENT TO STAND. WE HAVE SOME ON THE OTHER SIDE OF THE ROOM, AS WELL AS THE COMMUNITY WHO ARE REPRESENTING THIS GREAT DAY. [ APPLAUSE ] I WANT YOU TO KNOW MY DAD IS EXTREMELY EXCITED. HE'S AT HOME. HE'S GLUED TO THE TELEVISION. HE'S GIVEN ME A STATEMENT THAT HE WANTS ME TO READ ON HIS BEHALF, AND HE CERTAINLY WOULD LOVE TO HEAR FROM ALL OF YOU IF YOU WOULD LIKE TO GIVE HIM A CALL. TO THE HONORABLE MAYOR GUS GARCIA AND THE HONORABLE AUSTIN CITY COUNCIL MEMBERS AND TO OUR CITY MANAGER, SEPTEMBER 1st, 2002, MARKS THE ANNIVERSARY OF A GREAT DAY FOR AFRICAN-AMERICANS THROUGHOUT THIS COMMUNITY AS WELL AS THE CITY OF AUSTIN AND THE STATE OF TEXAS. AS I REFLECT ON THIS DAY, I AM REMINDED OF THE OLYMPIC GAME OF ANCIENT TIMES IN ATHENS, GREECE. LIKE THE SPIRIT OF THOSE GAMES 50 YEARS AGO, AUSTIN PROVIDED THE FLAME FROM WHICH THE TORCH WAS LIT. ON THAT GREAT DAY, AUSTIN EMPLOYED THE FIRST THREE BLACK FIREFIGHTERS, CADETS, UNDER CIVIL SERVICE IN THE STATE OF TEXAS. [ APPLAUSE ] THESE TORCH BEARERS, NAMELY WILLIE RAY DAVIS, THE LATE ROY D. GREEN -- HIS SON SPOKE -- AND THE LATE NATHANIEL KINDRID, AND HIS WIFE IS STANDING HERE, BOLDLY STOOD THE TEST OF THAT DAY. SEVEN MONTHS LATER, AND I'LL ASK MARVIN DOUGLAS TO STEP FORWARD BECAME THE FOURTH BLACK FIREFIGHTER CADET. THEY OVERCAME THE BARRIERS. THEY MET THE REQUIREMENTS FOR THIS PROFESSION, AND THEY PROVIDED DEDICATED SERVICE THROUGHOUT THIS COMMUNITY. NOT LONG THEREAFTER, THE TORCH WAS PASSED TO HOUSTON, THEN SAN ANTONIO, DALLAS, AND OTHER CITIES. AUSTIN, AUSTIN SHOULD TAKE GREAT PRIDE HAVING IGNITED THE FLAME FOR TEXANS AND FOR THAT I SAY, HATS OFF TO OUR CITY LEADERS, TO OUR CITIZENS, AND AS ONE OF THE FIRST BLACK FIREFIGHTERS, I AM TRULY HONORED TO HAVE SERVED THIS CITY. IN CLOSING, AND ON A LESS HAPPY NOTE, UNFORTUNATELY, I MUST SOUND THE ALARM TO OUR CITY LEADERS, TO MR. RAY HENDRICKS, THE PRESIDENT OF THE AUSTIN BLACK FIREFIGHTERS ASSOCIATION, AND TO OUR COMMUNITY AT-LARGE, THAT MARVELOUS AND VIBRANT FLAME THAT WAS JUST IGNITED 50 YEARS AGO IS RAPIDLY GROWING DIM FOR AFRICAN-AMERICAN FIREFIGHTERS IN OUR CITY. I SINCERELY HOPE AND ENCOURAGE THAT A SUBSTANTIAL AND AN EFFECTIVE REFUELING EFFORT BE UNDERTAKEN. EFFORTS THAT WILL RESULT IN HIGHER LEVELS OF SUCCESSFUL RECRUITMENT AND RETENTION OF AFRICAN-AMERICAN MEN AND WOMEN WHO WILL SERVE THIS COMMUNITY WELL. AND IN TURN, PASS THE TORCH ON FOR GENERATIONS TO COME. AGAIN, A HARDY THANK YOU. CAPTAIN WILLIE RAY DAVIS, RETIRED. [ APPLAUSE ]

I WOULD LIKE TO SAY GOOD AFTERNOON. I'M RICHARD KINDRICK, THE SON OF MR. KINDRIC. MY MOTHER IS HERE AND SHE'S ASSIGNED AS A SPOKESPERSON EVERY TIME SHE GOES SOMEWHERE. YESTERDAY, YOU TALKED WITH A NEWS REPORTER YESTERDAY AND HE STARTED ASKING QUESTIONS, AND I SAID, YOU KNOW, YOU REALLY NEED TO TALK TO MY MOTHER ABOUT THAT. WHAT SHE DIDN'T KNOW IS MY MOTHER HAD TOLD ME TO TALK TO HER. ANYWAY, I JUST WANT TO SAY THAT 50 YEARS AGO, IT WAS JUST PROBABLY THREE ORDINARY MEN THAT WAS JUST ORDINARY. WASN'T LOOKING FOR ANY RECOGNITION. NEVER KNEW THAT THIS DAY WOULD COME. SO YOU NEVER KNOW, AS YOU WALK THROUGH LIFE, AS YOU LIVE LIFE, AS YOU RUB SHOULDERS WITH FOLKS, YOU NEVER KNOW WHAT'S GOING TO HAPPEN DOWN THE ROAD. YOU KNOW, ONE OF THE THINGS I'M THANKFUL FOR TODAY IS, YES, DAD'S GONE. HE'S NOT HERE WITH US, BUT MOTHER'S HERE TO EXPERIENCE AND SEE ALL THE THINGS, THE KIDS ARE HERE TO SEE ALL THE THINGS THAT MY DAD QUIETLY ACCOMPLISHED. THIS COMING SATURDAY, WHAT IS -- THE 31st IS THIS SATURDAY. I RETIRED FROM THE CITY AFTER 27 YEARS OF SERVICE MYSELF. IT WAS MY DAD WHO ENCOURAGED ME TO WORK FOR THE CITY. QUIETLY. YOU DON'T HAVE TO BEAT A DRUM REAL LOUD. YOU JUST HAVE TO STAY IN THE FIGHT. JUST BE PERSISTENT. GOING BACK TO WHAT CAPTAIN DAVIS SAID, AND IF YOU ARE WATCHING, RAY, HOW ARE YOU DOING? GOING BACK TO WHAT HE SAID, -- [ LAUGHTER ] WHEN YOU PICK UP THE PAPER 49 YEARS LATER AND THERE'S STILL SOME TENSION AND CONFUSION ABOUT WHAT'S GOING ON IN THE FIRE DEPARTMENT, THAT DOES PUT A LITTLE DIM ON THE LIGHT, BUT IT DOESN'T LET US GIVE UP ON HOPE. WE SHOULDN'T GIVE UP. YOUNG MEN, REGARDLESS OF YOUR COLOR, STAY IN THE FIGHT. DO YOUR PART. WHEN YOU ARE CONFUSED ABOUT WHAT TO DO, DO WHAT'S RIGHT. ALWAYS DO WHAT'S RIGHT. THERE'S A LOT OF WRONG THINGS YOU CAN DO AND WRONG ONLY GETS YOU IN TROUBLE. SO DO WHAT'S RIGHT WHEN YOU'RE IN DOUBT. I CHALLENGE THIS CITY, MAYOR GARCIA, COUNCIL MEMBERS, MR. DUNCAN, YOU AND I, WHEN I WAS WITH THE CITY, WE PLANNED SOME THINGS TOGETHER, LEAD THE FIGHT. PICK THAT TORCH UP THAT CAPTAIN DAVES HAVE WAS TALKING ABOUT AND REEGG NIGHT IT. IF YOU HAVE TO POUR GASOLINE ON IT, TAKE THESE GUYS TO STAND AROUND IT, BUT LET'S GET THAT TORCH LIT. [ LAUGHTER ] I'M NOT ONLY TALKING ABOUT THE FIRE DEPARTMENT. LET'S DO THIS AS A CITY. LET'S START TRYING TO DO THINGS -- YOU KNOW, I'M GOING TO BE QUIET. I LIKE TO TALK. YOU KNOW, WHEN I LOOKED THE OTHER DAY AND SAW THIS BUS GOING THROUGH CENTRAL TEXAS WHERE THESE COMMUNITIES WERE GETTING TOGETHER SAYING, WE NEED TO MAKE SURE THAT WE HAVE ENOUGH WATER AND RESOURCES AS WE START TRYING TO DEAL WITH THIS POPULATION EXPLOSION THAT WE'RE GOING THROUGH, THOSE FOLKS ARE WORKING TOGETHER, AND THAT'S WHAT WE'RE GOING TO HAVE TO DO. REGARDLESS OF WHEN CITY YOU'RE IN OR WHEREVER YOU ARE, YOU HAVE TO WORK WITH SOMEONE. I CHALLENGE EVERYBODY IN THIS ROOM THAT CAN MAKE A DIFFERENCE, MAKE THAT DIFFERENCE. BECAUSE YOU NEVER KNOW WHAT'S GOING TO BE ON THE OTHER END. WE NEVER KNEW THIS DAY WAS COMING. HAD NO IDEA. I NEVER HAD AN IDEA THAT ROY GREEN, JR. WHO I WENT TO SCHOOL WITH WOULD BE IN HIS ROOM WITH ME TODAY. I NEVER HAD AN IDEA THAT CORY WRIGHT WOULD BE, AND I NEVER HAD AN IDEA -- I'M GOING TO BE QUIET. I PROMISE. THIS MAN RIGHT HERE. [ LAUGHTER ] CAPTAIN BEST TALKED ABOUT -- HE TALKED ABOUT A ROLE MODEL. MARVIN DOUGLAS, FIRST CAR I HAD IN MY LIFE, I BOUGHT IT FROM MARVIN DOUGLAS. [ LAUGHTER ] FIRST LAPDLORD THAT I EVER HAD IN MY LIFE, FIRST PLACE I EVER LIVED IN, I RENTED FROM MARVIN DOUGLAS. MY SISTERS WHO DID THEY RENT FROM? MANUFACTUREN DOUGLAS. TODAY'S A GREAT DAY. I THANK THE COMMUNITY FOR THIS DAY. I THANK YOU FOR ALL THE KIND THINGS YOU HAVE SAID AND DONE FOR MY FATHER AND THE BLACK FIREFIGHTERS. HATS OFF TO EVERYONE. GOOD-BYE. [ LAUGHTER ] [ APPLAUSE ]

I HOPE THAT EVERYBODY UNDERSTAND ME. RAY AND I WORKED REAL HARD. THE PERSON THAT GOT ME IN THE DEPARTMENT, HE SAID, YOU NEED TO GET IN THE FIRE DEPARTMENT. I WAS WORKING FROM THE HOUSE. I SAID, I DON'T WANT TO BE NO FIREMAN. I DIDN'T CARE THEN. I NEEDED A JOB. [ LAUGHTER ] ONE OF THE BEST MOVES I MADE APRIL 16th, 1953. THANK YOU VERY MUCH. [ APPLAUSE ]

I'M PRESIDENT OF THE AUSTIN AFRICAN-AMERICAN FIREFIGHTERS ASSOCIATION. THIS IS A MEMORABLE AND A GREAT CELEBRATION OF THE ANNIVERSARY, THE 50th ANNIVERSARY OF THE FIRST AFRICAN-AMERICAN FIREFIGHTERS, AND I WANT TO SAY THAT THOSE TOWERS BUILT LONG AGO, THE TOWERS OF HOPE AND OPPORTUNITY ARE STILL ALIVE, AND I WANT TO SAY MANY TIMES IT SEEMS THAT THEY HAVE BEEN DAY TO DAY AND WE'RE STILL WORKING ON GETTING THE AFRICAN-AMERICAN FIREFIGHTERS AND OUR FIRE DEPARTMENT. WE HAVE STOOD ON THE SHOULDERS OF THESE THREE GREAT MEN. THIS HE HAVE SET A FOUNDATION THAT I KNOW THAT NONE OF US WILL EVER FORGET. TO ALL OF THEM AND TO ALL OF THE CITY COUNCIL MEMBERS AND TO THE MAYOR, I WANT TO SAY THANK YOU FOR ALL THAT YOU'VE DONE. [ APPLAUSE ]

Mayor: INCIDENTALLY THIS FELLOW IS NOT A CAPTAIN ANYMORE. HE'S AN ASSISTANT CHIEF. [ LAUGHTER ]

JUST KEEP MY PAY. I'LL BE FINE. THANK YOU SO VERY MUCH FOR BEING HERE. WE'RE GOING TO TAKE SOME PICTURES IF YOU ALL WANT TO GO UP THERE WHERE THE CAMERAS ARE, THEY'LL MOVE THE CAMERAS. WE WILL TAKE SOME PICTURES TO COMMEMORATE THIS GREAT DAY. LIKE THEY SAID, WORK STILL NEEDS TO BE DONE. THE TORCH HAS LOST SOME OF ITS STRENGTH, BUT THE COMMITTEE, I MEAN, THE COUNCIL AND THE COMMUNITY ARE COMMITTED TO RELIGHTING IT IN SUCH A WAY THAT IT GIVES THE COMMUNITY THE MESSAGE THAT THIS IS A DIVERSE COMMUNITY, DIVERSITY HAS STRENGTH, THAT WE INTEND TO KEEP OUR PROMISE. THANK YOU VERY MUCH FOR BEING HERE. [ LAUGHTER ]

Mayor: HELLO. ALL RIGHT. WE'LL BE BACK HERE IN ABOUT 20 TO 25 MINUTES, ABOUT A QUARTER OF 7:00, WE WILL RESTART THE MEETING.

ITEM Z-4, THAT WE HAVE IT, AND WE HAVE FOUR COUNCIL MEMBERS. THERE'S BEEN A REQUEST MADE BY REPRESENTATIVE OF THE APPLICANT OF Z-4. LET ME CALL REGULAR MEETING OF THE AUSTIN CITY COUNCIL BACK TO ORDER. STILL THURSDAY, AUGUST 29th, YEAR 2002. ON ITEM C-4, THE COUNCIL VOTED TO ACCEPT STAFF RECOMMENDATION TO DENY THIS. THERE'S BEEN A REQUEST BY THE REPRESENTATIVE, THE AGENT OR THE OWNER TO RECONSIDER THIS ITEM. TO RECONSIDER IT, WE VOTED FOR THE STAFF RECOMMENDATION AND MAKE A MOTION FOR RECONSIDERATION. IF THAT MOTION GETS A SECOND AND IS PASSED, THEN WE WILL HAVE TO VOTE -- I MEAN, WE WILL CONSIDER -- IF IT'S PASSED, THEN WE WILL CONSIDER THE REQUEST OF THE APPLICANT, WHICH WILL BE TO POSTPONE THE ITEM. FIRST, WE HAVE TO FIND OUT IF COUNCIL WANTS TO RECONSIDER. I'LL OPEN UP THE FLOOR FOR A MOTION FOR RECONSIDERATION ON Z-4. IF I DON'T HEAR A MOTION, OF COURSE, WE WILL NOT RECONSIDER IT. ANYBODY WANT TO RECONSIDER THIS ONE? [ INAUDIBLE ]

Mayor: JERRY? WE'RE WAITING FOR THE MAYOR PRO TEM. I SEE HER COMING. AS YOU'RE COMING, MAYOR PRO TEM, WHAT WE HAVE FOR US IS A REQUEST FROM MR. BENNETT ON Z-4 TO RECONSIDER THE DECISION OF THE COUNCIL. AND AS I WAS INDICATING TO BE ABLE TO RECONSIDER, THERE HAS TO BE A MOTION FOR RECONSIDERATION. THAT HAS TO PASS, AND THEN AFTER THAT PASSES, IF IT PASSES, THEN WE CAN RECONSIDER AN EIGHT EEM FOR POSTPONEMENT. IS THERE A MOTION FOR RECONSIDERATION.

I MOVE.

MOTION BY MANY MEMBER TO RECONSIDER THE DECISION. IS THERE A SECOND?

SECOND.

Mayor: SECONDED BY -- DISCUSSION. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. ALL THOSE OPPOSED, NO. THE REQUEST BY THE AGENT FOR THE OWNER IS TO POSTPONE THIS ITEM. IS THIS A MOTION IS THERE A MOTION?

MOVED.

Mayor: MOTION BY THE MAYOR PRO TEM.

SECOND.

Mayor: SECONDED BY COUNCIL MEMBER THOMAS. THIS POSTPONEMENT IS BEING DONE TO GIVE THE AGENT AND THE OWNER/APPLICANT TO GO THROUGH THE PEOPLE WHO SIGNED THE PETITION AND FIND AN AGREEMENT THAT IS ACCEPTABLE TO EVERYONE.

MAYOR? I WILL VOTE FOR THIS POSTPONEMENT, BUT NOT FOR THE REASONS THEY'RE ASKING FOR. I'LL SUPPORT IT BECAUSE I GUESS THERE WAS SOME PERCEPTION THAT WE WERE, INDEED, GOING TO TRANSFER POSTPONEMENT. I THINK FOLKS ON BOTH SIDES OF THE ISSUE PROBABLY NEED TO SHOW UP FOR THE NIGHT, SO IT'S, TO ME, IT'S NOT NECESSARILY GIVING THE'S CAN ANOTHER MONTH TO TRY TO CONVINCE NEIGHBORS THE VALIDITY OF THIS PROJECT. IT'S THE FACT THAT A LOT OF FOLKS DIDN'T SHOW ON BOTH SIDES OF THE ISSUE BECAUSE OF THE PERCEPTION OF THE VOTE.

Mayor: I WAS JUST PASSING ON THE COMMENTS BY THE OWNER, BUT THAT'S A BETTER POINT THAT YOU MADE. BECAUSE IT HELPED THAT THEY KNOW WHY IT'S POSTPONED.

MAYOR? RELATIVE TO THAT AND IN VIEW OF THE SPEAKERS TONIGHT, I WOULD SUGGEST THAT WE NOT -- [ INAUDIBLE ]

Mayor: ALL RIGHT. ALL THOSE IN FAVOR OF THE MOTION TO POSTPONE INDICATE BY SAYING AYE. ALL THOSE OPPOSED, NO. MOTION CARRIES. MISS GLASGO, IT'S POSTPONED. IT WILL BE THERE FOR ANOTHER PUBLIC HEARING FOR CONSIDERATION. ITEM NUMBER 63, WHILE YOU'RE COMING UP AND GETTING READY, THE COUNCIL ALREADY MADE THE EXTENSION, AND WE HAVE ONE ITEM FOR ACTION, AND THAT'S ITEM NUMBER 24, AND THIS ONE IS TO AUTHORIZE NEGOTIATION ON THE LEGAL SERVICES CONTRACT FOR REPRESENTATION, CROSS NUMBER GN 4165, 3553rd. THIS IS THE AMOUNT IS HOW MUCH? THE AMOUNT IS 24.

IT'S 60,000.

$60,000 S THERE A MOTION?

MOVE.

SECOND.

Mayor: MOTION AND SECONDED BY COUNCIL MEMBER WYNN. DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. MOTION CARRIES BY A VOTE OF 7-0. OKAY, 63.

MAYOR, IF I MIGHT, BEFORE THE STAFF GETS STARTED, THIS AFTERNOON, THE STAFF WAS PRESENTED APPROXIMATELY 3:30 IN THE AFTERNOON WITH A LETTER THAT WAS OBJECTING TO THE ZONING OF TRACTS THAT THE WRITER OF THE LETTER APPARENTLY OWNED. STAFF HAD NOT HAD AN OPPORTUNITY TO VALIDATE PETITION, AND IN FACT, WHEN YOU READ THE LETTER, THERE AREN'T -- THERE IS SOME CONFUSION OVER EXACTLY WHAT ADDRESSES ARE INCLUDED AND WHAT ARE NOT. IN ADDITION TO WHICH THE STAFF HAS NOT HAD AN OPPORTUNITY TO DETERMINE WHETHER ALL THE PROPERTIES THAT ARE LISTED IN THE LETTER ARE ACTUALLY INCLUDED IN THIS PROPOSED ZONING CASE. THE SITUATION THAT YOU ARE PRESENTED WITH IS, AND WHAT IS, IF YOU PASS THE ZONING OF -- BASED UPON STAFF -- WELL, IF YOU PASS THE ZONING AS PROPOSED ON ALL THREE READINGS WITH A UNANIMOUS VOTE, THEN THE ISSUE OF THE PETITION IS MOOT. IF COUNCIL WISHES TO DO SOMETHING OTHER THAN THAT THAT IS, CONSIDER A VOTE OF LESS THAN 6, THEN WE ARE IN THE POSITION OF -- OUR RECOMMENDATION WOULD BE TO USE AND ONLY TO CONSIDER THIS ON FIRST READING, AND THEN THAT WOULD GIVE US TIME TO DO RESEARCH AND VALIDATE THE ADDRESSES, THE OWNERSHIP, AND WHETHER OR NOT A VALID PETITION -- WHETHER OR NOT VALID PETITION RIGHTS EXIST. I WANT TO MAKE SURE THAT YOU UNDERSTOOD THOSE OPTIONS THAT WERE BEFORE YOU BEFORE THE STAFF PRESENTED ITS CASE. YOU HAVE ALREADY APPROVED THE PLANS FOR THIS AREA, AND IN FACT, EVEN IF YOU DID RECOGNIZE THE VALID PETITION, WOULD YOU NOT HAVE TO GO BACK AND CHANGE YOUR PLAN. IT IS JUST A QUESTION OF THE CONDITIONAL OVERLAY THAT WOULD BE IMPOSED UPON THE VARIOUS PIECES OF PROPERTY. SO WHATEVER YOU CHOOSE TO DO WITH REGARD TO THIS INSTITUTION, WHATEVER YOU DO WITH REGARD TO THE ZONING CASE IN THAT LIGHT, WOULD YOU NOT HAVE TO REVISIT THE PLAN. ALL YOU HAVE BEFORE YOU TONIGHT IS THE ZONING.

Mayor: OKAY. YOU CAN UNTS DEUCE YOURSELF.

MAYOR AND COUNCIL, GOOD AFTERNOON. I'M WITH THE NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT OFFICE. MOST RECENTLY OF NEIGHBORHOOD PLANNING AND ZONING WHERE I WAS ONE OF THE STAFF MEMBERS WORKING ON THE NEIGHBORHOOD PLAN. ALSO WITH ME IS TOM BOLT. TOM WILL BE COVERING THE ZONING PART OF THIS PRESENTATION. THIS IS ITEM 63, 241102, OF WEST AUSTIN NEIGHBORHOOD ZONING THERE IS A LENGTHY TO AND FROM LIST THAT IS INCLUDED IN TODAY'S AGENDA. AND AS NOTED THIS IS FOR ALL THREE READINGS IN THE ORDER THAT IT'S READY. THE BOUNDARIES OF OLD WEST AUSTIN NEIGHBORHOOD PLANNING AREA ARE INFIELD IN THE OLD TOWN LAKE AND THE SOUTH, LAMAR ON THE EAST. FOR CONTEXT, A FEW OF THE LOCATIONS IN THE NEIGHBORHOOD THAT FOLKS ARE FAMILIAR WITH INCLUDE WESTLAND CAFE, POKEY JOE'S, IN THE YMC ACH, AND AS PREVIOUSLY NOTED, THE PLAN WAS ADOPTED BY CITY COUNCIL IN JUNE OF 2000. AT THAT TIME, NEIGHBORHOOD PLANS AND REZONING WERE BEING DONE SEPARATELY AS OPPOSED TO CONCURRENTLY, WHICH IS THE CURRENT PROCESS. AND I CAN DISCUSS IF COUNCIL HAS ANY QUESTIONS THE PROCESS AND THE OUTREACH STEPS THAT WERE FOLLOWED DURING THE NEIGHBORHOOD PLANNING PROCESS, BUT BRIEFLY, I'LL JUST OUTLINE THE LAND DIVISION IN THE NEIGHBORHOOD PLAN, HOW IT RELATES TO THE ZONING THAT TOM WILL BE DISCUSSING. LIKE MANY AUSTIN NEIGHBORHOODS, OLD WEST AUSTIN HAS A GREAT DEAL OF CONCERN ABOUT THE RESIDENTIAL CORE OF ITS NEIGHBORHOODS AND IN THE CASE OF LITTLE WEST AUSTIN, THERE'S BEEN QUITE A BIT OF PRESSURE FROM COMMERCIAL INTRUSION. THEY WERE INTERESTED IN MAINTAINING THE RESIDENTIAL PORTION OF THE NEIGHBORHOOD AS RESIDENTIAL. HOWEVER, WE'RE PRETTY WILLING TO EXPERIMENT WITH MIXED USE ZONING, LAND USES ON THE COMMERCIAL CORRIDORS, WESTLAND, LAMAR, FIFTH AND SIXTH, AND EVERYTHING SOUTH OF FIFTH, AND ARE ALSO NOT ADVERSE TO FUTURE REZONINGS THAT MIGHT INCORPORATE A SUBSTANTIAL DENSITY OF MULTIFAMILY, ESPECIALLY IF SOME SORT OF MODERATELY PRICED HOMES WERE INCLUDED. THERE'S A GOOD BIT OF INDUSTRIAL ZONING IN THE NEIGHBORHOOD THAT'S BEEN THERE FOR QUITE SOME TIME BOW AT THE RAILROAD TRACKS AND THE NEIGHBORHOOD FELT THAT THE INDUSTRIAL ZONING NOTED THAT THERE ARE SOME LAND USES ALLOWED AND LI ZONING THAT ARE NOT NECESSARILY INTRUSIVE USES, AND SO IN SHORT, THE THREE GOALS FOR NEIGHBORHOOD PLAN RELATING TO LAND USE, WE'RE ENCOURAGING MIXED USES, PROTECTING THE CHARACTER OF NEIGHBORHOODS AND MAINTAINING THE SOCIAL AND ECONOMIC DIVERSITY OF RESIDENTS, AND I WILL BE AVAILABLE FOR QUESTIONS, BUT TOM WILL TALK ABOUT THE ZONING. [ STAND BY, PLEASE, FOR CHANGE IN CAPTIONERS ] ) TIME 7:04).

COUNCILMEMBERS AND MAYOR AND CITY MANAGER, I'M HERE TO REPRESENT THE OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION AND TO ASK COUNCIL TO APPROVE OUR REZONING CHANGES. I WOULD LIKE TO GIVE YOU A LITTLE BIT OF BACKGROUND ABOUT HOW THIS PLAN THAT CAME BEFORE YOU TODAY RESULTED, AND THE FIRST THING I WOULD LIKE TO MENTION IS THE HIGH LEVEL OF PARTICIPATION OF RESIDENTIAL AND BUSINESS AND PROPERTY OWNERS IN THE COMMUNITY. WE'RE A VERY INCLUSIVE COMMUNITY. WE'RE A VERY ECLECTIC COMMUNITY AND WE WANTED TO MAKE SURE THAT EVERYONE IN THE COMMUNITY WAS ACCOUNTED FOR. IT WASN'T DEFINITELY IN THE SPIRIT OF COOPERATION, NOT AN US-AGAINST-THEM SORT OF SITUATION. THERE WERE NUMEROUS EFFORTS TO NOTIFY PROPERTY OWNERS AND INCLUDE THEM IN THE PROCESS. THIS WAS RESIDENTIAL AND BUSINESS OWNERS AND WHAT WE FOUND WAS THAT AFTER EVERY EFFORT THAT WE MADE A FEW PEOPLE POPPED UP AND SAID, OH, WE'VE NEVER HEARD OF THIS, AND WERE EXPRESSED CONCERNS AND WHAT WE WERE ABLE TO DO AT EF PRI POINT WAS TO BRING THOSE PEOPLE INTO THE PROCESS AT THAT POINT AND ADDRESS THEIR CONCERNS. WE FEEL LIKE WE DID A REAL CREDIBLE JOB OF BRINGING THEM ALONG. THERE WERE MANY TALENTED AND COMMITTED PEOPLE WHO WORKED ON THIS PLAN FROM OWANA. WE HAVE TO THANK MARK STEIN, KATY O'NEAL, LAURA NEALSON. FROM THE BUSINESS COMMUNITY INCLUDING WEST END AUSTIN ALLIANCE, TERRY LORNZ. JOHN GONZALEZ, EVAN WILLIAMS. WE HAD A BROAD BASE OF SUPPORT FROM RESIDENTIAL AND PROPERTY OWNERS. AREAS OF CONTENTION WERE MEDIATED VERY ABLY BY ZONING STAFF AND WE HAVE TO THANK STEVE BARNEY AND TOM BOLD WHO TOOK BOTH SIDES AND THEY WOULD CONFER WITH ONE SIDE AND THE OTHER SIDE AND NUDGE US TOWARD THE MIDDLE AND WE DID END UP IN THE MIDDLE AND IT'S A NICE PLACE TO BE. WE THANK THEM FOR THEIR LONG HOURS AND ALWAYS ANSWERING OUR PHONE CALLS AND LITTLE QUESTIONS THAT WE HAD, OUR LITTLE CONCERNS THAT COULD HAVE BEEN BIG CONCERNS. I WANT TO TELL YOU THE PLAN REPRESENTS A COMPROMISE THAT RECEIVED FULL SUPPORT OF ALL PARTICIPANTS. WE HAD SOME PEOPLE THAT CHOSE NOT TO PARTICIPATE AND WE REALLY TRIED TO PULL THEM INTO THE PROCESS, BUT FOR ONE REASON OR ANOTHER, THEY CHOSE NOT TO. BUT EVERYONE THAT PARTICIPATED WITH US CAME AWAY FROM THE TABLE FEELING LIKE THEY HAD RECEIVE WHAT THEY WANTED. THE BIGGEST BONUS FOR OUR NEIGHBORHOOD WE FEEL IS THE MIXED USE RESIDENTIAL ZONING THAT IS SUPPORTED BY SMART GROWTH INFILL. IT GIVES BUSINESS PROPERTY OWNERS A NEW PROFITABLE OPTION AND WILL BRING NEW NEIGHBORS TO OWANA. WE'RE VERY PLEASED WITH OUR ZONING CHANGES AN OUR NEIGHBORHOOD PLAN. WE PUT A LOT OF WORK INTO IT AND APPRECIATE THE SUPPORT. THAT THE CITY OF AUSTIN HAS GIVEN US. WE'RE GLAD TO BE DONE AND WE'RE ASKED YOU TO APPROVE THE PLAN AS WRITTEN. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU VERY MUCH. MR. MARK STEIN? WELCOME, SIR.

THANK YOU, MAYOR, GOOD EVENING, MAYOR AND COUNCIL AND CITY MANAGER. I'M MARK STEIN. I WAS CHAIR OF THE NEIGHBORHOOD PLANNING TEAM DURING THE DEVELOPMENT OF THE PLAN, AND HAVE STILL BEEN INVOLVED WITH OUR NEW STEERING COMMITTEE IN BRINGING THE PLAN TO THIS POINT. NANCY HAS COVERED A LOT OF THE ISSUES THAT NEED TO BE COVERED ON THIS, BUT I WANT TO MAKE ONE QUICK POINT. THIS IS AN INTERESTING OPPORTUNITY IN THIS AREA BECAUSE AS YOU KNOW THE LAMAR AREA IS DEVELOPING VERY RAPIDLY AND THERE'S A LOT OF GOOD URBAN DESIGN THAT CAN BE PUT INTO THAT AREA. NOW, YOU THROW IN THE MIX THE FACT THAT THE CITY IS LOOKING AT EAST-WEST MOBILITY PROBLEMS AND BASICALLY LOOKING AT THAT AREA, WHAT THAT MEANS IS THAT WE NEED A SOLID FOUNDATION IN PLANNING TO WORK FROM. WE HAVE THE OLD WEST AUSTIN NEIGHBORHOOD PLAN WHICH WAS SUPPORTED BY THE CITY. WE ALSO HAVE THE WEST END AUSTIN CORRIDOR STUDY AT THAT WAS DONE BY THE WEST END ALLIANCE AND IT WAS FUNDED BY CAPITAL METRO AND THE TWO PLANS OVERLAP VERY NICELY. I THINK WE'VE DONE A LOT OF PLANNING. I THINK WE DID A LOT OF OUTREACH AND I THINK THE PLAN IS WELL THOUGHT-OUT. I THINK THE BENEFITS OF THE ADDITIONS OF MIXED USE FAR OUTWEIGH ANY ADDITIONAL ADVANTAGES. I ASK YOU TO SUPPORT. THANK YOU VERY MUCH.

COUNSEL, THAT'S ALL THE SPEAKERS THAT WE HAVE. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY THE MAYOR PRO TEM TO CLOSE THE PUBLIC HEARING. THERE'S A SECOND. SECOND BY COUNCILMEMBER DUNKERLY, SIGNIFY BY SAYING AYE. OPPOSED, NO. MOTION CARRIES. CAN YOU TELL US WHAT THE OPTIONS FOR THE COUNCIL ARE.

THE OPTIONS FOR THIS, AS I SAID, WE RECEIVED THIS AFTERNOON AT 3:30 A LETTER OBJECTING TO THE ZONING ON A LIST OF PROPERTIES. THE STAFF HAS NOT HAD AN OPPORTUNITY TO TAKE THE TIME TO VALIDATE TO DETERMINE WHETHER OR NOT APPROPRIATE VALID PETITION RIGHTS HAVE BEEN ASSERTED. AS I PREVIOUSLY INDICATED, THE ISSUE OF WHETHER OR NOT THERE ARE VALID PETITION RIGHTS IS MOOT IN THE COUNCIL ADOPTS THE ZONING ORDINANCE ON ALL THREE READINGS WITH SIX OR MORE VOTES. THAT IS SIX OR SEVEN VOTES. IF COUNCIL, ON THE OTHER HAND, IS INCLINED TO EXPLORE WHETHER THE PETITION RIGHTS THAT ARE ASSERTED ARE VALID AND IF COUNCIL WISHES TO EXPLORE DOING SOMETHING DIFFERENTLY WITH REGARD TO THE PROPERTIES IN QUESTION FOR WHICH THERE ARE VALID PETITION RIGHTS, THEN MY RECOMMENDATION TO YOU IS TO PASS THIS ON FIRST READING ONLY AND GIVE THE STAFF AN OPPORTUNITY TO INDEED LOOK INTO THE LETTER AND DETERMINE WHETHER VALID PETITION RIGHTS EXIST AND THEN BRING IT BACK TO YOU ON SECOND AND THIRD FOR YOUR CONSIDERATION AT THAT TIME. I WOULD SAY THAT THERE WAS ONE OTHER OPTION THAT YOU MIGHT HAVE BEEN ABLE TO CONSIDER AND THAT IS TO ADOPT THE ORDINANCE ON ALL THREE READINGS EXCLUDING THE LIST OF PROPERTIES, AND I STARTED WORKING ON THAT LIST. THE PROBLEM IS THE WAY THE PROPERTIES ARE LISTED. THERE IS ONE LISTING OF PROPERTIES THAT IS 1505-1515 WEST THIRD. I DON'T KNOW IF THAT MEANS 1505 AND 1515 WEST THIRD OR WHETHER THAT MEANS 1505 THROUGH 1515 WEST THIRD AND THAT MEANS 1507, 1509, 1511, ET CETERA. IT IS THAT CONFUSION THAT LEADS ME TO MY FIRST RECOMMENDATION WHICH IS IF YOU WISH TO LOOK INTO OR GIVE THE STAFF TIME TO DETERMINE WHETHER A VALID PETITION HAS INDEED BEEN ASSERTED, MY RECOMMENDATION IS PASS IT ON FIRST, WE'LL BRING IT BACK AND WE'LL REPORT TO YOU ON WHETHER OR NOT A VALID PETITION HAS BEEN ASSERTED. AGAIN, THE WHOLE ISSUE IS MOOT IF YOU ALL DECIDE TO VOTE FOR THE ORDINANCE AND YOU HAVE SIX OR MORE VOTES IN FAVOR OF PASSING THE ORDINANCE ON ALL THREE READINGS.

COUNCILMEMBER WYNN?

Wynn: CAN YOU GO AHEAD AND IDENTIFY WHAT YOU BELIEVE TO BE THE TRACKS? YES, SIR. IN THE LETTER THE TRACKS WERE LISTED AS FOLLOWS, STAFF TELLS ME THEY BELIEVE SYSTEM OF THESE ARE INSIDE AND SOME ARE OUTSIDE THE PROPOSED ZONING, SO I CAN'T TELL YOU WHICH ONES ARE IN OR WHICH ONES ARE OUT, I CAN JUST MERELY GIVE YOU THE TRACK.

YES. CAN YOU POINT TO THEM AS YOU READ THEM.

I'M GOING TO HAVE TO GET STAFF TO HELP ME. YOU GUYS THINK YOU CAN DO THAT? WE'LL GIVE IT THE OLD COLLEGE TRY. OKAY. THE FIRST TRACK IS 1112 WEST 6TH.

AND YOU NEED A TRACK NUMBER?

WELL, CAN YOU POINT TO IT ON THE MAP? IS THAT POSSIBLE? WE RECEIVED THIS SO LATE IN THE DAY THAT IT IS POSING PROBLEMS FOR US. I'M NOT SURE THAT WE CAN, BUT WE'LL DO IT. WE'LL DO THE BEST WE CAN.

IF I COULD ADD, TOO, THAT THE ADDRESSES THAT ARE INDICATED IN THE LETTER OF OPPOSITION ARE NOT ALWAYS THE ENTIRE TRACT. THEY IN SOME CASES MAY REPRESENT PARCELS WITHIN A TRACT. WE'RE JUST NOT CERTAINTY POINT. AND ONE THING THAT I FORGOT TO MENTION, TOO, WAS THAT ANY USES THAT EXIST RIGHT NOW THAT MIGHT BE CONSIDERED A CONDITIONAL USE IN THE FUTURE OR A PROHIBITED USE IN THE FUTURE IS NOT CONSIDERED THAT IN THE ORDINANCE THAT WE'VE PREPARED FOR YOU THIS EVENING. THOSE USES WOULD REMAIN -- WOULD BE ALLOWED, WOULD BE PERMITTED AND THERE WOULD BE NO NEED FOR ANY OF THOSE PROPERTY OWNERS TO SEEK APPROVAL ON THEIR PROJECTS FOR THE SAME USE.

OKAY. STEVE, 1112 WEST 6th.

THAT'S GOING TO BE IN THE -- WELL, IT'S THE BRIO RESTAURANT AND IT'S IN TRACT 26 AND IT IS -- IT'S NOT A USE THAT WOULD HAVE BEEN AFFECTED BY THE CONDITIONAL OVERLAY.

1601, 1603, 1605 AND 1607 WEST 6th.

AS FAR AS I CAN TELL, THOSE ARE NOT IN -- THOSE ARE NOT LISTED AS TRACTS THAT WOULD RECEIVE A BASE DISTRICT REZONING.

SO THOSE ARE NOT IN THE ZONED AREAS AS FAR AS WE CAN TELL RIGHT NOW?

YES, THEY'RE -- I BELIEVE THEY'RE LOCATED AROUND HERE WEST OF TRACT 23 AND HAVE -- HAVE OFFICE SPACE DISTRICT.

OKAY. 509 CAMPBELL?

THAT IS -- THAT IS BEHIND EL OROYO RESTAURANT.

AND THEN EL ARROYO.

YES, THAT'S RIGHT.

AND DON'S DEPOT WHICH IS 1600 WEST 5th.

YEAH A LITTLE -- I BELIEVE A LITTLE FURTHER ON.

A LITTLE FURTHER DOWN FROM EL ARROYO. NOT THAT I'VE EVER BEEN THERE BUT IT IS A LITTLE FURTHER DOWN. 1400 WEST 5th STREET.

THAT IS ANOTHER ADDRESS THAT I DO NOT BELIEVE IS GETTING A BASE DISTRICT ZONING CHANGE.

OKAY. THE CABOOSE AND PARKING LOT AT 1120 WEST 5th.

I DON'T HAVE THE TRACT NUMBER FOR THAT BUT I'LL LOOK IT UP. IT'S GOING TO BE IN THE VICINITY OF 43 OR -- 44 OR 53.

OKAY. 1203 WEST 5th AND -- YEAH, 1203 WEST 5th. LET'S START WITH THAT ONE.

THAT IS -- AGAIN, I'M GOING TO HAVE TO GET THE TRACT NUMBER FOR YOU ON THAT, BUT, YEAH, AGAIN IN THE VICINITY OF 43, 44.

1204 WEST 4th?

THAT IS -- THAT IS HERE A LITTLE STRETCH OF 4th STREET IN BETWEEN ORCHARD AND WALSH SQUARE. OPPENHEIMER ENVIRONMENTAL IS AND THAT IS A MANUFACTURING USE. NONE OF THE MANUFACTURING USES WERE INCLUDED IN THE CONDITIONAL OVERLAY.

OKAY 1208 WEST 4th?

THAT IS -- I BELIEVE THAT IS JUST THE PROPERTY NEXT DOOR TO...

OKAY. 401 ORCHARD?

AND THAT'S GOING TO BE JUST AROUND THE CORNER. APPARENTLY THERE'S SOME SALAD DRESSING MANUFACTURING THAT TAKES PLACE THERE AND THAT WOULD ALSO CONTINUE TO BE A PERMITTED USE.

AND THE LAST IS THE -- IS WHAT I'M UNCLEAR ABOUT AS SO WHAT ALL IS INCLUDED, BUT LET'S ASSUME THE MOST INCLUSIVE PART, THAT IS ALL ADDRESSES BETWEEN 1550 AND 1515 WEST 3RD.

THAT IS -- THAT'S GOING TO BE TRACT 59. IT'S ACROSS THE RAILROAD TRACKS AND IT SEEMS TO BE A MIX OF SINGLE FAMILY AND SOME INFORMAL STORAGE.

OKAY. NOW, THERE IS ONE ADDITIONAL LEAN IN THE LETTER THAT SAYS ALSO OUR SON STEPHEN OGDEN AND DAUGHTER SUSAN LARUE OWN PROPERTY ALONG WEST 6th, AND 603 OAK LAND. FOR OUR PURPOSES -- WELL, MY RECOMMENDATION TO YOU AS YOUR LAWYER IS IS THAT ROBERT L.OGDEN AND MARY D.OGDEN CAN ONLY OBJECT TO ZONING CHANGES ASSOCIATED WITH THEIR PROPERTY. SO FOR THAT REASON, WE'VE -- THE STAFF AND I WOULD RECOMMEND THAT YOU DISREGARD THIS OTHER, PLUS THE SHEAR PROBLEM OF IDENTIFYING THE PROPERTIES IN QUESTION. SO THAT'S THE MIX OF PROPERTIES. SOME I TAKE IT, STEVE, ARE HAVING ZONING CHANGES, SOME ARE NOT.

THAT'S CORRECT.

THANK YOU. MAYOR, I'LL MOVE APPROVAL OF THE ZONING CHANGES ON FIRST READING.

MOTION TO APPROVE.

ITEM 63 ON FIRST READING. IS THERE A SECOND? SECOND BY COUNCILMEMBER DUNKERLY. MOTION BY COUNCILMEMBER WYNN. DISCUSSION?

WELL, THE HOPE IS THAT STAFF CAN DO A SIMPLE ANALYSIS AND CERTAINLY WE'D BE PREPARED TO PASS THIS ON A SECOND AND THIRD READING, I SUSPECT, IN THE NEXT MEETING.

I'M -- YES. THERE'S NO REASON WHY WE COULDN'T GET BACK TO YOU THE SECOND READING -- FOR THE NEXT COUNCIL MEETING BECAUSE THAT WILL BE SEPTEMBER 26th AND THAT SHOULD BE PLENTY OF TIME.

ANY OTHER DISCUSSION? ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

EYE, OPPOSED, NO. MOTION CARRY, ITEM 63 PASSES ON THE FIRST READING. AND NOW WE GO TO THE 6:00 TIME CERTAIN. AND THE FIRST ITEM IS 64 AND IT HAS FOUR SEPARATE PUBLIC HEARINGS, BUT I'M HAPPY TO REPORT TO ALL OF YOU THAT NONE OF THEM HAVE ANY SPEAKERS AND THE COUNCIL HAS HEARD THESE CASES BEFORE SO WE SHOULD BE ABLE TO GO RIGHT THROUGH THEM, THEY DON'T REQUIRE ANY ACTION TODAY, WE WOULD ONLY HEAR A BRIEF REPORT FROM MR. BEN FLUKENS. THESE ARE TO CONDUCT PUBLIC HEARING FOR THE FULL REPRESENTATION OF THE FOLLOWING ANNEXATION AREAS INTERPORT SOUTH APPROXIMATELY 135-ACRES IN TRAVIS COUNTY SOUTH OF SA 71 APPROXIMATELY 495 FEET EAST OF FM 973.

THE SECOND OF TWO HEARINGS.

Mayor Garcia: GET CLOSE TO THE MIC? NOW.

THIS IS A SECOND OF TWO PUBLIC HEARINGS ON INTERPORT SOUTH. THIS AREA IS DEVELOPED AND ADJACENT TO THE CITY'S JURISDICTION ON THE WEST SIDE IS A PENDING ZONING CASE ON THIS. SERVICE PLAN IS ON THE TABLE TO MY LEFT OVER THERE AND ESSENTIALLY THE CITY WILL GO AHEAD AND PROVIDE THOSE SERVICES KRPLY PROVIDED BY THE COUNTY IN ADDITION UNLESS OTHERWISE NOT AVAILABLE. I OUGHT TO POINT SOMETHING OUT, TOO, THAT WAS BROUGHT UP. THE -- THE RIGHT OF WAY --

Mayor Garcia: THE BOARD IS CROOKED, IS THAT WHAT YOU WANT TO SAY.

THE RIGHT OF WAY OF FM 973 ADJACENT TO THIS IS NOT PART OF THIS ANNEXATION CASE BUT IT WILL BE BROUGHT FORWARD AT THE NEXT SERIES OF ANNEXATIONS TO THE RIGHT OF WAY IN FRONT OF THIS WILL BE BROUGHT IN AS WELL.

DO WE HAVE AN ENGINEER IN THE ROOM WHO CAN COME AND STRAIGHTEN UP THAT... [LAUGHTER]

Mayor Garcia: THE THING ABOUT THIS IS IT IS NOT LINED LIKE SOME OF OUR SEWER LINES.

NO, IT'S NOT SO... [LAUGHTER] SO THAT IS INTERPORT SOUTH AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE REGARDING THIS ANNEXATION. OH, THE EFFECTIVE DATE, BY THE WAY, WILL BE -- ACTION IS SCHEDULED FOR SEPTEMBER 26th AND TYPICALLY THE ANNEXATION -- THE EFFECTIVE DATE WILL BE 90 DAYS AFTER THAT BUT IN THIS CASE IT KIND OF DEPENDS ON WHERE THEY ARE WITH THEIR ZONING CASE AND THAT'S THE PRESENTATION ON THIS.

Mayor Garcia: THERE BEING NO SPEAKERS ON THIS ITEM, I ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

SECOND.

Mayor Garcia: ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

THE NEXT ONE IS A TRACT LOCATED IN TRAVIS COUNTY NORTH OF FARM TO MARKET 222, APPROXIMATELY 7 TENTHS OF A MILE EAST OF 222.

CALSTAD A LIKE YOU SAID ON FM 2222. THIS IS THE SECOND OF TWO PUBLIC HEARINGS. THE ACTION IS SCHEDULED FOR 9-26 AND THE EFFECTIVE DATE WILL BE 12-25 IN THIS ONE. THIS AREA INCLUDES UNDEVELOPED PARCEL OF LAND THAT IS CURRENTLY IN THE CITY LIMITS FOR PURPOSES OF JURISDICTION. IT HAS AN APPROVED SITE PLAN. THE PLAN ON THE TABLE TO MY LEFT AND ESSENTIALLY THE CITY WOULD TAKE OVER FROM THE COUNTY. AND PROVIDE SERVICE TO OTHER SIMILARLY SITUATED AREAS. THAT IS MY PRESENTATION TO COUNCIL.

Mayor Garcia: THANK YOU. WE ALSO DON'T HAVE ANY SPEAKERS ON THIS ONE. ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

SECOND.

Mayor Garcia: ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED, NO. PUBLIC HEARING IS CLOSED. TESTIMONYABLE WEED HILL... APPROXIMATELY 1 MILE EAST OF THE INTERSECTION OF 2222 AND RIVER PLACE BOULEVARD.

TUMBLE WEED HILL 17-ACRES ON 2222 THIS TRACT IS CURRENTLY UNDEVELOPED, HAS A IMPROVED PART D SITE PLAN ON IT. AGAIN THE SERVICE PLANS ARE ON THE TABLE TO MY LEFT. THE CITY WILL TAKE OVER OVER THE SERVICE FROM THE COUNTY. AND THAT -- I'M AVAILABLE TO ANY QUESTIONS YOU MIGHT HAVE REGARDING THIS TRACT. OH, AGAIN, IT'S SCHEDULED FOR ACTION TO BE 9-26 AND IT WILL BE EFFECTIVE ON 12-25.

AGAIN, WE DON'T HAVE ANY SPEAKERS ON THIS. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING. MOTION BY COUNCILMEMBER SLUSHER. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED NO. MY HEARING IS IMPROING TREMENDOUSLY. IT'S A TRACT APPROXIMATELY 33-ACRES IN TRAVIS COUNTY NORTH OF FM 222 APPROXIMATELY 1 MILE EAST OF THE INTERSECTION OF FM 2222 AND EVERY PLACE BOULEVARD.

YES, SIR. 33-ACRE, IT'S CURRENTLY UNDEVELOPED N. THE CITY LIMIT FOR PURPOSES OF JURISDICTION, IT'S ZONED. I WANT TO POINT OUT EVEN THOSE TRACTS ARE SEPARATED BY ETJ THE PHYSICAL RIGHT OF WAY IS IN THE CITY LIMITS. THE SERVICE PLANS ARE ON THE TABLE TO MY LEFT. AS AGAIN WITH THE OTHER CASES, THE CITY WILL TAKE OVER FROM THE COUNTY FOR THOSE SERVICES CURRENTLY PROVIDED BY THE COUNTY AND PROVIDED A ADDITIONAL ENHANCED SERVICE OTHERWISE AVAILABLE. AND PROVIDE SERVICE TO AREAS SIMILARLY SITUATED IN THE COUNTY. ANSWER ANY QUESTIONS YOU MIGHT HAVE REGARDING THE TRACT. OH, AGAIN --

Mayor Garcia: WE DON'T HAVE ANY -- YEAH, EFFECTIVE WHAT, DECEMBER 1.

THIS WILL BE EFFECTIVE ON DECEMBER 25 AND WE'LL COME BACK FOR 9-26 FOR ORDINANCE READING.

Mayor Garcia: NO SPEAKERS ON THIS SIDE OF ME. I'LL ENTERTAIN A MOTION TO CLOSE THE PUBLIC HEARING.

SECOND.

ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

Mayor Garcia: MOTION CARRIES, THAT'S ALL THE ITEMS THAT WE HAVE ON THE PUBLIC HEARINGS ON ITEM 64. ITEM 65 IS TO CONDUCT A PUBLIC HEARING UNDER SECTION 104.151 OF THE TEXAS UTILITIES CODE AND ARTICLE 11 OF THE CITY CHARTER TO RECEIVE PUBLIC COMMENT ON THE FIRST REPORT OF COASTAL GAS ACCOUNTING RECORDS. NUMBER 2, ADOPTION OF A NEW GAS TRANSPORTATION TARIFF, NUMBER 3, ADOPTING A NEW SOLAR UNIT GAS RATE SCHEDULE, NUMBER 4 AMENDING GASSES CONSERVATION ADJUSTMENT CLAUSE AND NUMBER 5 ANY OTHER RELATED TOPICS. AND I THINK WE HAVE RONDELA PUGH HERE.

I WAS GOING TO CORRECT THE LAST.

SORRY.

THAT IS OKAY.

CONGRATULATIONS.

IT'S FAIRLY NEW TO ME. GOOD EVENING. I'M RONDELA HAWKINS, TELECOMMUNICATIONS OFFICER. FOR PURPOSES OF THE RECORD I'LL SUMMARIZE THE SOUTHERN UNION GAS FINDINGS. I REALIZE YOU'VE BEEN BRIEFED AT LEAST ONCE ON THIS ISSUE SO I WILL KEEP MY COMMENTS TO A MINIMUM. THE CITY BEGAN A COST OF GAS AUDIT IN FEBRUARY OF 2001 IN RESPONSE TO SOME CONSUMER COMPLAINTS ON THE PRICE OF NATURAL GAS HIT A RECORD HIGH LEVEL. THIS AUDIT BEGAN AS A REVIEW OF GAS COSTS. THE AUDIT REVEALED THAT THE INVOICED COST OF GAS WAS IN LINE WITH THE GAS MARKET AT THAT TIME. THE AUDIT ALSO REVEALED THAT THE ACCOUNTING PRACTICES FOLLOWED BY SOUTHERN UNION GAS RESULTED IN TRADITIONAL GENERAL SERVICE CUSTOMERS PAYING SOME COSTS ATTRIBUTABLE TO SOME GAS CONSUMED BY THE LARGER VOLUME TRANSPORTATION SERVICE CUSTOMERS BECAUSE OF THE TREATMENT OF TRANSPORTATION IMBALANCES. IMBALANCE IS THE DIFFERENCE BETWEEN AMOUNT OF GAS THAT A MARKETER PUTS ON SOUTHERN UNION GAS SYSTEM FOR CUSTOMERS AND THE AMOUNT OF GAS USED BY THOSE CUSTOMERS. IMBALANCES WERE SETTLED IN SUBSEQUENT TIME PERIODS BY ADJUSTING THE VOLUMES OF GAS DELIVERED BY THE TRANSPORTATION CUSTOMERS. NOW, IF THE GAS BEING EXCHANGED WAS THE SAME PRICE EACH MONTH, THEN THERE WAS NO PRICE EFFECT OR IMPACT TO THE GENERAL SERVICE OR TRANSPORTATION CUSTOMERS; HOWEVER, THE MARKET PRICE OF GAS IS VERY VALUE TILE AND FLUCTUATES DAILY, IF NOT HOURLY. THE SOLUTION WAS TO REVISE THE PRACTICES AND ADOPT TRANSPORTATION AND COST OF GAS TARIFFS THAT ENCOURAGE GAS MARKETERS TO ESTIMATE GAS REQUIREMENTS IN A MORE EFFECTIVE MANNER. THE EXISTING TRANSPORTATION TARIFF WAS WRITTEN IN 1993 AND THE NATURAL GAS MARKET HAS CHANGED SIGNIFICANTLY SINCE THEFNLT SOUTHERN UNION GAS, THE CITY AND ITS CONSULTANTS HAVE BEEN WORKING ON A NEW TRANSPORTATION TARIFF TO ADDRESS TRANSPORTATION IMBALANCES FOR OVER 18 MONTHS. WE HAVE THE PROPOSED TARIFF BEFORE YOU RECOGNIZES THAT NOMINATIONS WILL NEVER BE PERFECT AND THAT IT IS UNREASONABLE TO EXPECT NOMINATIONS TO BE PERFECT. IT INTRODUCES A NEW CONCEPT OF TOLERANCE AND IT WILL TOLERATE SMALL ERRORS OR DIFFERENCES IN NOMINATIONS AND ACTUAL USAGE BY ALLOWING FOR CORRECTIONS IN SUBSEQUENT MONTHS AND IT CORRECTS SIGNIFICANT IMBALANCES -- EXCUSE ME -- IMMEDIATELY USING A CASH-OUT PROCESS SO THAT COVERS THE PROPOSED TARIFF. NOW, IN ORDER TO IMPLEMENT THE NEW IMBALANCE METHODOLOGY, THE COST OF GAS CLAUSE NEEDS TO BE AMENDED ALSO. THE PROPOSED COST OF GAS CLAUSE REQUIRES QUARTERLY IMBALANCE REPORTS TO BE FILED WITH THE CITY AND IT REQUIRES THAT TRANSACTIONS RELATED TO IMBALANCES BE INCLUDED IN THE RECONCILIATION ACCOUNT MAINTAINED BY SOUTHERN UNION GAS AND THE AUDIT FILED WITH THE CITY. FINALLY WE ARE ALSO PROPOSING CHANGES TO THE CONSERVATION ADJUSTMENT CLAUSE WHICH WAS NOT COVERED IN THE AUDIT. THIS CLAUSE COLLECTS AMOUNTS USED TO FUND GAS CONSERVATION PROGRAMS AND AS YOU MAY RECALL, THE CITY TRANSFERRED THE GAS CONSERVATION PROGRAM BACK TO SOUTHERN UNION GAS IN THE FALL OF 1999; HOWEVER, THE TARIFF WAS NOT MODIFIES TO PROVIDE FOR SOUTHERN UNION GAS'S ADMINISTRATION OF THE PROGRAM. THE PROPOSED TARIFF ALSO PROVIDES FOR NEW FILINGS OF PROPOSED CHANGES AND NEW CAC RATES, THAT IS AN ACRONYM FOR CONSERVATION ADJUSTMENT CLAUSE, WITHIN 30 DAYS OF IMPLEMENTATIONS. IN THE CITY ACCEPTS THE RATE REVISION THEN NO ACTION IS REQUIRED. IF NOT, THEN THE CITY CAN SUSPEND THE IMPLEMENTATION OF THE RATE TO ALLOW FURTHER REVIEW. AN ANNUAL REPORT OF THE COLLECTIONS AND THE DISBURSEMENTS MUST ALSO BE FILED 90 DAYS PRIOR TO THE END OF THE CITY'S FISCAL YEAR. THE COMPLEXITY OF THIS MATTER MADE IT NECESSARY TO RETAIN OUTSIDE CONSULTANTS AND COUNSELS AND THE TEXAS UTILITY CODE ALLOWS THE CITY TO BE REIMBURSED BY THE COMPANY FOR ALL REASONABLE EXPENSES ASSOCIATED WITH PROCEEDINGS SUCH AS THE ONE BEFORE YOU. SO IN CONCLUSION WE ARE PROPOSING THAT THE TRANSPORTATION TARIFF BECOME EFFECTIVE ON JANUARY 2, 2003, THE CONSERVATION ADJUSTMENT CLAUSE ON SEPTEMBER 24, 2002, AND THE COST OF GAS CLAUSE ON DECEMBER 23, 2002. THAT CONCLUDES MY COMMENTS. IF YOU HAVE ANY QUESTIONS...

Mayor Garcia: JUST BRIEF QUESTIONS. Y'ALL CAME, I THINK YOU VISITED WITH MOST OF THE COUNCIL OFFICES APEXPLAINED HOW THIS WORKS. THIS IS A COMPLICATED ISSUE AND CITIZENS PROBABLY HAVE AS MUCH DIFFICULTY UNDERSTANDING IT AS COUNCILMEMBERS DO. BUT I SUSPECT THAT TWO QUESTIONS, YOU KNOW, ARE OF INTEREST TO MOST PEOPLE IS THERE THIS AFFECT THE RATE THAT THEY PAY FOR GAS -- NATURAL GAS IN THE CITY, THE CITY -- THE CUSTOMERS OF THE SOUTHERN UNION GAS, WILL THEY PAY MORE UNDER THIS ARRANGEMENT OR DOES THIS AFFECT IT AT ALL? AND SECONDLY DOES THIS ARRANGEMENT AFFECT THE AMOUNT OF REVENUE THAT THE CITY GETS FROM THE FRAN FRANCHISE? TO AND YOUR FIRST QUESTION, WHAT WE'RE HOPING THIS WILL DO IS MINIMIZE ANY COST THAT THE GENERAL SERVICE CUSTOMERS WERE PAYING ON BEHALF OF THE TRANSPORTATION CUSTOMERS BECAUSE IT'S SEPARATING THE GENERAL SERVICE CUSTOMERS FROM THE TRANSPORTATION CUSTOMERS, SO WE'RE HOPING THAT THE GENERAL SERVICE CUSTOMERS WILL NOT SEE ANY INCREASE. I CAN'T ANSWER AS FAR AS DECREASE.

WE DON'T COLLECT ANY FRANCHISE FEE FROM THEM, DO WE.

YES, WE DO.

DOES THIS AFFECT IT AT ALL.

NO.

Mayor Garcia: SO THIS IS MORE TO GIVE THE NECESSARY FLEXIBILITY TO MAKE THE FORMULAS WORK THE WAY THEY SHOULD.

YES.

OKAY. MS. FOX, IS THERE ANYTHING THAT YOU WANT TO TELL US? OKAY. QUESTIONS FOR RUNDELA? THANK YOU VERY MUCH. WE DON'T HAVE ANY SPEAKERS ON THIS ONE. WHEN ARE WE GOING TO ACT ON THIS ONE?

I'M ASKING YOU TO TAKE ACTION TONIGHT.

Mayor Garcia: WE HAVE AN ACTION ITEM.

NUMBER 67.

Mayor Garcia: NUMBER 67 IS THE ACTION ITEM. ENTERTAIN A MOTION TO APPROVE THE ORDINANCE.

SECOND.

Mayor Garcia: MOTION TO APPROVE THE ORDINANCE ONq ITEM 67 PRO TEM,qoNTONDED ER WYNN.) CAN WE CAN CLOSE THE PnnnnnC HEAR OKAY. DOT INCLUDE CLOSING OFZ THE PUIC HEARING? DISCUSSION? ALL THOSE IN FAVOR SAY "AYE.." MOTION CARRIES ON A VOTE OF 7 TO 0. THANK YOU VERY MUCH. WELCOME, NICE TO SEE YOU HERE. HAVEN'T SEEN YOU IN A WHILE. NOW, WE'RE TO ITEM NUMBER 66 TO CONDUCT A PUBLIC HEARING TO RECEIVE PUBLIC COMMENT FROM THE CITY OF AUSTIN PROPOSED BUDGET FISCAL YEAR 2002-2003 IN ITS ENTIRETY AND TO RECEIVE PUBLIC COMMENT WITH RESPECT TO THE FOLLOWING SPECIFIC DEPARTMENTS. PARKS AND RECREATION, LIBRARY, HEALTH AND HUMAN SERVICES, PRIMARY CARE, AND NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT, AND GENERAL PUBLIC HEARING. EXCUSE ME. CITY MANAGER, DO YOU HAVE A FEW OPENING COMMENTS?

AS YOU KNOW, THIS IS GOING TO BE OUR LAST PUBLIC HEARING FOR THE BUDGET. THERE WILL BE A WEEK HIATUS AND THEN THE COUNCIL WILL BE DOING FIRST, SECOND AND THIRD READINGS ON DECEMBER 9th, DECEMBER -- LISTEN TO ME. SEPTEMBER 9th, 10, AND THEN THE 12th.

Mayor Garcia: BEEN A LONG DAY.

IT HAS BEEN A VERY LONG DAY ALREADY. THOSE FIRST AND SECOND AND THIRD READINGS WILL NOT BE HERE. IT WILL NOT BE AT THE LCR CHAMBERS, IT WILL BE AT 505 BARTON SPRINGS AT ONE TEXAS CENTER IN THE THIRD FLOOR CONFERENCE ROOM. THIS PUBLIC HEARING SERVES AS BOTH THE GENERAL SERVICE HEARING FOR EVERYTHING IN OUR BUDGET AS WELL AS FOR THE SPECIFIC SET OF DEPARTMENTS THAT THE MAYOR HAS READ OFF. THESE PARTICULAR SET OF DEPARTMENTS ARE PROBABLY THOSE DEPARTMENTS THAT THIS COMMUNITY FEELS ABSOLUTELY THE MOTION PASSIONATE ABOUT, AND THEY'RE ALL DEPARTMENTS THAT STRUGGLE THE MOST AS WE GO THROUGH THE BUDGET, PARTICULARLY IN A HARD BUDGET TIME. LET ME JUST FRAME A FEW OF THE THINGS THAT HAVE US WHERE WE ARE TODAY WITH THE BUDGET. WE HAD THE TOUGHEST BUDGET CHALLENGE PROBABLY EVER. CERTAINLY SINCE THE MID TO LATE '80s. THE SHORT FALL, IF WE HAD CONTINUED TO SPEND THE SAME WAY WE WERE BUDGETING TO SPEND THIS CURRENT YEAR, AND NOTICE I SAY BUDGETED TO SPEND, AS OPPOSED TO WHAT WE ACTUALLY WERE ABLE TO SPEND, WE WOULD HAVE HAD A $75 MILLION SHORT FALL. AND WHEN YOU TAKE 75 MILLION IN THE CONTEXT OF A $2 BILLION BUDGET, YOU HAVE TO FIRST TAKE OUT ALL THE ENTERPRISE FUNDS, THOSE THAT PAY FOR THEMSELVES AND THEN ACTUALLY PAY THE GENERAL FUND THROUGH A TRANSFER AND THAT TAKES YOU DOWN TO 470 MILLION. AND YOU TAKE OUT PUBLIC SAFETY, POLICE, FIRE AND E.M.S., WHICH REMAIN THE COMMUNITIES IN EVERY SURVEY TOP PRIORITY TO CONTINUE TO FUND, AND YOU'RE DOWN TO ABOUT, I'M ROUNDING NUMBERS, 235 MILLION. SO WHEN YOU LOOK AT THAT $75 MILLION PROBLEM, YOU'RE LOOKING AT IT IN THE CONTEXT OF 235 MILLION. THAT IS THE SIZE OF A NUT. THAT IS THE SIZE OF THE PROBLEM. AND GUESS WHERE MOST OF THAT 235 MILLION? IT'S IN EXACTLY THE DEPARTMENTS THAT WE'RE TALKING ABOUT HERE TODAY. PARKS, LIBRARY AND HEALTH AND HOUSING. WHAT WE'RE FACING IS NOT UNIQUE. EVERY CITY IN THE STATE -- I'D ARGUE EVERY CITY IN THE COUNTRY -- IS FACING EXACTLY WHAT WE'RE FACING. CITIES ALL ACROSS THE STATE HAVE EITHER ALREADY LAID OFF OR ARE PROPOSING TO LAY OFF OR RAISING TAXES OR CLOSING FACILITIES AND WE HAVE BEEN ABLE TO PRODUCE A PROPOSED BUDGET FOR THIS COMMUNITY THAT DOESN'T RAISE OUR TAX RATE, THAT AVOIDS ALL EMPLOYEE LAYOFFS, THAT FOCUSED ON TRYING TO KEEP DIRECT SERVICE WHOLE. AT THE SAME TIME TRYING TO CLOSE THAT $75 MILLION PROBLEM. THE MOST SERIOUS PROBLEM WE HAVE FACED IN A BUDGET THAT I CAN REMEMBER IN 20-PLUS YEARS. I WANT TO FOCUS ON TWO OF THE BUDGET GOALS AS A REMINDER. IN ORDER TO DO THIS, TWO OF OUR GOALS WERE TO WORK SMARTER AND TO WORK LEANER. TO TRY TO HOLD DIRECT SERVICE TO THE CITIZENS AS CONSTANT A LEVEL AS POSSIBLE BY PROCESS IMPROVEMENTS. EVERY DEPARTMENT PRODUCED PROCESS IMPROVEMENTS. WE LOOK AND FLOW CHARTED OVER 250 CORPORATE PROCESSES LOOKING FOR WAYS TO DO BUSINESS DIFFERENTLY, TO DO IT SMARTER, MORE EFFICIENTLY, AND THEN TO WORK LEANERS AND BY THAT I MEAN WE FOCUSED ON ADMINISTRATIVE CUTS, MANAGEMENT AND ADMINISTRATIVE CUTS, BEFORE WE WOULD TOUCH DIRECT SERVICE. BECAUSE OF THAT, NONE OF OUR FACILITIES ARE CLOSED. NONE OF OUR HOURS ARE PROPOSED FOR REDUCTION. WE TRIED TO HOLD OUR DIRECT SERVICE AS HARMLESS AS POSSIBLE. WE IN FACT CUT $17 MILLION OF MANAGEMENT AND ADMINISTRATIVE COSTS IN ORDER TO CLOSE THIS BUDGET GAP. BUT IT MEANS A DIFFERENT SERVICE DELIVERY MODEL AND IT'S JUST THE BEGINNING. OF OUR STRUCTURAL GAP OF 75 MILLION, WE ONLY MANAGED TO CLOSE WITH ONGOING EXPENDITURE CUTS OR REVENUE ENHANCEMENTS ABOUT 60%. THAT MEANS FOR '04 WE'RE STILL GOING TO BE LOOKING TO CLOSE THAT GAP WITH ANOTHER 40%. THE WAY WE'RE GOING TO HAVE DO THAT IS TO DO BUSINESS DIFFERENTLY, SMARTER, LEANER, AND TRY TO PRODUCE AS MUCH AS WE CAN WITH LESS. IT ALSO MEANS TAPPING THE COMMUNITY, ASKING FOR HELP, IN A WHOLE VARIETY OF WAYS, AND THESE PARTICULAR DEPARTMENTS TONIGHT ARE CLASSIC EXAMPLES OF WHERE THE COMMUNITY RESPONDS OVERWHELMING IN LIBRARIES AND IN PARKS AND IN HEALTH. I UNDERSTAND IN THESE DEPARTMENTS THAT IT TAKES A LEAP OF FAITH TO LOOK AT A PROGRAM WHERE YOUR HEART IS IN THAT PROGRAM AND LOOK AT LETTING US TRY TO DELIVER THAT SERVICE DIFFERENTLY. IT TAKES TRYING TO UNDERSTAND AND ACCEPTING A DIFFERENT SERVICE DELIVERY MODEL. YOU KNOW, I SAY WHEN I TALK ABOUT THIS THAT IT'S REALLY NOT ROCKET SCIENCE. IT'S NO DIFFERENT IN YOUR HOUSEHOLD BUDGET THAN IN A FORTUNE 500 COUNTRY. WE CAN'T SPEND MORE THAN WE MAKE. AND THAT MEANS WE CAN'T CONTINUE TO DO BUSINESS EXACTLY THE SAME. AND IN FACT IT LEADS TO A FUNNY PHENOMENON THAT I CALL THE VIRTUAL BUDGET WHERE YOU BUDGET MORE THAN YOU MAKE. IT MEANS THAT THE MOMENT YOU PASS A BUDGET, YOU CAN'T REALLY IMPLEMENT THAT BUDGET, YOU HAVE TO HOLD POSITIONS VACANT AND NOT BUY EQUIPMENT AND FOR THE LAST TWO YEARS, EVERY DEPARTMENT HAS BEEN DOING EXACTLY THAT. SO IF WE WANT TO GET TO A REAL BUDGET, IF WE WANT TO TRY TO HOLD DIRECT SERVICES HARMLESS AS POSSIBLE, THEN IT IS OUR OBLIGATION AS CITY EMPLOYEES TO FIND WAYS TO DO MORE WITH LESS. SO I'LL STRESS THAT I KNOW THAT PARTICULARLY WITH THESE SETS OF DEPARTMENTS THAT IS GOING TO TAKE A LEAP OF FAITH ON COUNSEL'S PART AND ON THE COMMUNE'S PART. I'M GOING TO USE A CLASSIC EXAMPLE BECAUSE I KNOW MANY OF YOU ARE HERE TO TALK ABOUT ONE PARTICULAR ISSUE. IN FACT THAT WILL BE INTERESTING TO SEE HOW MANY OF OUR CROWD IS ON THIS ONE ISSUE. TO ME, A LARGE PART OF THIS IS -- HAS BEEN SPURRED ON BY MISINFORMATION ABOUT WHAT WE'RE DOING. IN THE HEALTH DEPARTMENT WE HAVE FOUR SEPARATE YOUTH EMPLOYMENT PROGRAMS. FOUR OF THEM. THERE ARE VARIOUS SIZES AND -- BUT IN ALMOST ALL CASES, I THINK LESS THAN 50 OF THE JOBS THAT THE YOUNG PEOPLE ARE PLACED IN, THEY'RE ALL CITY OR COUNTY JOBS. AND A LARGE% OF PERCENT OF THOSE ARE CITY JOBS. ALL FOUR OF THOSE EMPLOYMENT PROGRAMS HAD SEPARATE ADMINISTRATIVE STAFF. ALL FOUR. SOME HAD ONE OR TWO. SOME HAD FIVE OR SIX STAFF PEOPLE WORKING ON EACH OF THOSE PROGRAMS. SO WHAT WE DID IN THIS PARTICULAR AREA IS WE CONSOLIDATED THE ADMINISTRATIVE STAFF. AND WE CUT IT BY 50%. SO IT WENT FROM 13 TO 6. WE BELIEVE WE CAN PLACE AN EMPLOY EXACTLY THE SAME NUMBER OF YOUNG PEOPLE THAT WE'VE DONE THIS YEAR. MY GOAL IS ACTUALLY TO TRY TO PLACE MORE. SO BY COMBINING FOUR ADMINISTRATIVE GROUP, WE WERE ABLE TO NOT CUT A DIME OF YOUTH SALARY FUNDS OR DIRECT SERVICE FUNDS IN THESE AREAS. IF THE GOAL IS YOUNG PEOPLE WITH JOBS, I THINK WE CAN PRODUCE IT FOR YOU WITH FEWER ADMINISTRATIVE STAFF. WE HAVE DEPARTMENTS ALL OVER THE CITY, STANDING BY TO HELP WITH THIS, A DEDICATED PERSON IN OUR HUMAN RESOURCES DEPARTMENT, THE PARKS DEPARTMENT, THE POLICE DEPARTMENT, OUR CONTRACT AGENCIES, AS A WAY TO TRY TO PRODUCE THE SAME OUTCOME. THE SERVICE MODEL IS MORE EFFICIENT, BUT IT'S SCAREY. AND SO I SUPPOSE AS WE HEAD THROUGH THE PUBLIC HEARING, AND THERE ARE MANY OTHER EXAMPLES LIKE THIS, SUPPORT POSITIONS FOR THE COMMUNITY ACTION NETWORK, HAVE A CONSOLIDATED CROSS TRAINING APPROACH NOW ON HOW WE'RE GOING TO TRY TO SUPPORT THOSE AREAS. AT THE SAME TIME WE DID THIS, WE HELD ALL SERVICE DELIVERY DOLLARS ON OUR SOCIAL SERVICE CONTRACTS WHOLE. WE CUT NO DOLLARS GOING INTO DIRECT SOCIAL SERVICES IN THIS COMMUNITY, BASED ON THE PREMISE AND THE COUNCIL DIRECTION THAT IN HARD TIMES THE DEMAND FOR SOCIAL SERVICE AND BASIC NEEDS IS GOING TO BE GREATER THAN IT EVER HAS BEEN BEFORE AND THAT WE COULDN'T CUT THE DIRECT SERVICE DELIVERY. IN FACT IN THIS BUDGET WE HAVE AN ADDITIONAL HALF MILLION, $500,000 TO GO FOR BASIC NEEDS FUNDING, RENT ASSISTANCE, UTILITY ASSISTANCE, FOOD ASSISTANCE, IN THE COMMUNITY. SO JUST IN CLOSING, IT'S A TOUGH BUDGET YEAR. WE HAVE A PROPOSED AND BALANCED BUDGET ON THE TABLE. WE TRIED TO ACCOMPLISH FOUR GOALS, TO STRUCTURALLY BALANCE THIS BUDGET IN TWO YEARS, TO WORK SMARTER, TO WORK LEANER, AND TO NOT HAVE EMPLOYEES LOSE THEIR JOBS, AND I BELIEVE WE HAVE ACCOMPLISHED ALL FOUR OF THOSE. WE HAVE AN ABSOLUTE COMMITMENT TO THE COMMUNITY TO TRY TO KEEP OUR SERVICE LEVELS AS CONSTANT AND WHOLE AS POSSIBLE AS WE MOVE THROUGH THIS BUDGET, AND IF WE CAN'T PROVE THAT TO YOU IN A YEAR, MY COMMITMENT BACK TO YOU WILL BE I WILL RECOMMENDED AKING BACK. SO ONE OF THESE THINGS IN THIS LEAP OF FAITH WE'RE ASKING FOR WITH COUNCIL AND THE COMMUNITY IS LET US TRY TO GET TO A STRUCTURALLY BALANCED BUDGET, THE RIGHT THING TO DO FINANCIALLY, AND LET US PROVE TO YOU THAT WE CAN DO THINGS DIFFERENTLY BUT STILL PRODUCE. AND WITH THAT, I'LL JUST TURN IT OVER. SO LET'S GET STARTED. I THINK WE HAVE OVER 60 PEOPLE SIGNED UP TO SPEAK.

Mayor Garcia: THANK YOU, CITY MANAGER. AND LET ME BEGINNING AT THIS DISCUSSION, LET ME THANK THE CITY MANAGER AND HER STAFF, DEPARTMENT HEAD, THE EMPLOYEES OF THE CITY OF AUSTIN FOR THE MANNER IN WHICH THEY HAVE RESPONDED TO THE CALL FROM THE CITY MANAGER. WE ARE PROBABLY THE ONLY PUBLIC ENTITY IN THIS CITY THAT IS NOT GIVING ANY RAISES TO OUR EMPLOYEES AND I DON'T FEEL GOOD ABOUT IT. TEACHERS ARE GETTING A LITTLE BIT OF RAISE. THE COUNTY EMPLOYEES ARE GETTING RAISES. THE CITY EMPLOYEES SAID, YOU KNOW, WE'RE GOING TO SHARE THE BURDEN WITH YOU AND NOT ASK FOR RAISES THIS YEAR. THE QUESTION WAS ASKED DO YOU WANT RAISES OR DO YOU WANT A JOB. THEY ALL SAID, "WE WANT A JOB, WE WANT TO HELP THE CITY. WE WANT TO BE HERE TO ADDRESS THE NEEDS THAT THIS COMMUNITY HAS HERE IN TOUGH TIMES" AND OF COURSE, YOU KNOW, ONE OF THE REASONS IS THE CITY DEPENDS ON SALES TAX WHICH THE COUNTY DOES NOT DEPEND ON AND NEITHER DOES THE SCHOOL DISTRICT. SO WE HAD TO DEAL WITH THAT SHORTFALL AND I WANT TO COMMEND THE CITY MANAGER FOR, YOU KNOW, TAKING A VERY PROACTIVE APPROACH TO DEALING WITH WHAT HAS BEEN A VERY TOUGH BUDGET PROCESS. ANYWAY, WE HAVE A FEW SPEAKERS. YOU WILL GET THREE MINUTES TO SPEAK. SOME OF YOU WILL GET MORE BECAUSE YOU HAVE BEEN DONATED TIME BY OTHER SPEAKERS. YOU DON'T HAVE TO USE UP ALL YOUR TIME. AS A MATTER OF FACT, YOU'LL MAKE A LOT OF FRIENDS WITH THE FOLKS SITTING OB THIS SIDE OF THE -- ON THIS SIDE OF THE TABLE IF YOU GIVE US BACK SOME OF YOUR TIME, BUT BY PROCESS AND BY ORDINANCE I SUSPECT YOU'RE ENTITLED TO THE THREE MINUTES AND FIRST OF ALL, I WANT TO WELCOME A FELLOW OFFICE HOLDER, DISTRICT CLERK, DISTRICT COURT CLERK. MARIA, WELCOME, GOOD TO SEE YOU AGAIN. FOLLOWING MS. RODRIGUEZ IS DANA HANSEN, SHE HAS ANOTHER NAME BUT I CAN'T READ, SO YOU CAN TELL US WHEN YOU COME AND SHE WILL HAVE --

HE.

Mayor Garcia: THREE, FOUR, FIVE MINUTES. HE'S HE. DANA HANSEN.

THANK YOU AND GOOD EVENING. I KNOW IT'S -- WE'RE PRESSED FOR TIME HERE. I'M THE DISTRICT CLERK OF TRAVIS COUNTY AND SECRETARY OF THE AUSTIN PUBLIC LIBRARY FOUNDATION BOARD OF DIRECTORS, AND IF YOU MAY PERMIT ME TO WEAR YET A THIRD HAT, I'M ALSO ON THE BOARD OF TRUSTEES OF THE AUSTIN MUSEUM OF ART BOARD. AND THIS EVENING I'M GOING TO SPEAK ON BEHALF OF LIBRARIES. AND WE BELIEVE THAT A SUPERB PUBLIC LIBRARY SYSTEM WILL BENEFIT OUR COMMUNITY IN THE AREAS OF LITERACY, TECHNOLOGY AND EQUAL ACCESS. WE APPRECIATE AND WE APPLAUD THE EFFORTS OF MAYOR GARCIA, MEMBERS OF THE CITY COUNCIL AND ESPECIALLY OUR CITY MANAGER, AND APPRECIATE THE TOUGH DECISIONS THAT YOU HAVE TO MAKE. BUT YOU HAVE BEEN SUPPORTIVE OF LIBRARIES AND MAINTAINING LIBRARY SERVICES. IN MY CAPACITY AS DISTRICT CLERK, I HAD THE OPPORTUNITY TO PARTNER WITH LIBRARIES THIS PAST YEAR WHEN WE INTRODUCED OUR I JURY SYSTEM, AS A MEMBER OF THE BOARD OF THE LIBRARY FOUNDATION I APPROACHED BRENDA AND SAID -- BRENDA BRANCH, THE DIRECTOR OF THE LIBRARY, AND ASKED FOR HER ASSISTANCE FOR THOSE WHO DID NOT HAVE ACCESS TO A COMPUTER AND WHO WISHED TO RESPOND TO THEIR JURY SUMMONS ONCE THEY RECEIVED IT VIA THE INTERNET. SHE WAS EXTREMELY SUPPORTIVE, ENTHUSIASTIC AND VERY POSITIVE. WE HAVE RECEIVED TREMENDOUS COOPERATION FROM THE STAFF AND HAVE TAKEN OUR EXPERIENCE HERE IN AUSTIN AS A MODEL WHEN I GO VISIT OTHER COUNTIES TO TALK ABOUT I JURY AND HOW TO IMPLEMENT THE SYSTEM SO THAT IT ALSO ILLUSTRATES HOW CRITICAL IT IS TO INVOLVE THE ENTIRE LIBRARY. SO THE WORK THAT THE LIBRARIES PROVIDE IS VERY ESSENTIAL TO US IN MANAGING THE JURY SYSTEM. WHILE IN MY CAPACITY AS A VOLUNTEER, I HAVE THE HONOR OF SERVING AS THE HONORARY CHAIR FOR THIS YEAR'S [SPEAKING IN SPANISH] AN EVENT THAT IS NOW IN ITS FOURTH YEAR AND IT'S THE ONLY BILINGUAL CELEBRATION OF BOOK, READING AND FAMILY LEARNING IN AUSTIN AND ONE OF OUR CITY EMPLOYEES, ELVA GARZA, WHO IS THE LIBRARY AT THE NEW ST. GENERAL'S LIBRARY IS REALLY THE DRIVING FORCE BEHIND THIS VERY SUCCESSFUL EVENT. WE THANK THE STAFF OF THE AUSTIN PUBLIC LIBRARY FOR THEIR DEDICATION AND HARD WORK IN MAINTAINING THE LEVEL OF SERVICE EVEN THOUGH THE LIBRARY SYSTEM HAS EXPERIENCED AN 11% INCREASE IN THE NUMBER OF VISITS THIS YEAR. ONE OF THE GOALS OF THE LIBRARY FOUNDATION IS TO SUPPORT LIBRARIES AND TO SEEK FUNDING FOR PROGRAMS. MANY OF OUR COMMUNITY LEADERS HAVE COME FORWARD TO OFFER THEIR HELP. CAN I CONTINUE JUST VERY BRIEFLY TO THANK SOME OF OUR SPONSORS.

Mayor Garcia: MR. HANSEN WILL GIVE YOU A FEW SECONDS.

THEN I CAN GIVE HIM SOME BACK. WE WOULD LIKE TO RECOGNIZE AND THANK OUR SPONSORS THE MICHAEL AND SUE AN DELL FOUNDATION OF THE GRANT TO ESTABLISH THE YOUTH PROGRAM, AND IN AREAS WHERE IT IS MOST NEEDED. THE LIBRARY BRANCHES IN SOUTH AUSTIN AND EAST AUSTIN. OUR DEADLINE FOR THE MATCHING GRANT WAS JUNE THE 30th AND THE AUSTIN COMMUNITY CAME TOGETHER AND MET THAT MATCH. MANY OF OUR SPONSORS DESERVE RECOGNITION FOR THEIR CONTRIBUTION INCLUDING H.E.B. BUS FOR BOOK, THE AUSTIN COMMUNITY FOUNDATION, THE JUNIOR LEAGUE OF AUSTIN, AND THE ONE THAT REALLY PUT US OVER THE TOP WAS ADVANCED MICRODEVICES FOR SEVERAL MAJOR GIFTS AMOUNTING TO $50,000 INCLUDING ONE OF 25,000 FOR THE NEW RUIZ LIBRARY BRANCH. HOWEVER THERE IS STILL MUCH MORE THAT WE WOULD LIKE TO ACCOMPLISH. WE ASK FOR YOUR HELP FUNDING THE LIBRARIES AT THE LEVEL THAT WILL KEEP THEM OPERATIONAL AND OPEN TO THE PUBLIC. AND ALSO I WOULD LIKE TO INTERJECT THAT I'M, AS A MEMBER OF THE BOARD OF TRUSTEES OF THE AUSTIN MUSEUM OF ART, WE WOULD ALSO APPRECIATE YOUR CONSIDERATION IN FUNDING AT THE LEVEL THAT WAS REQUESTED. THANK YOU VERY MUCH. AND GOOD EVENING.

Mayor Garcia: THANK YOU. DANA I GUESS FREIS HANSEN, YOU WILL GET 8 AND A HALF MINUTES, YOU HAD 9 AND YOU GAVE A MINUTE AND A HALF TO AMALIA AND CISCO GARCIA GAVE YOU TIME AND JUDY SIMS GAVE YOU TIME AND I HAVE TO TELL MR. GARCIA THAT YOU CAN DONATE YOUR TIME BUT YOU CANNOT ALSO FILE A CARD TO TALK. EITHER YOU DONATE OR YOU TALK. IN YOUR PARTICULAR CASE I'LL JUST DO THIS ONE CARD. YOU HAVE 7 AND A HALF MINUTES.

OKAY. WELL THANK YOU VERY MUCH. MY NAME IS DANA [INAUDIBLE] I'M THE EXECUTIVE DIRECTOR OF THE AUSTIN MUSEUM OF ART AND I'M HERE TODAY TO EMPHASIZE TO YOU THE IMPORTANCE OF CITY SUPPORT TO THE AUSTIN MUSEUM OF ART AND I KNOW YOU'VE HEARD FROM OUR AUDIENCE MEMBERS, OUR TEACHERS, OUR STAFF AND ALSO OUR BOARD BY E-MAIL. LAST YEAR THE CITY PROVIDED 170,000 ALLOWING US TO SERVE OVER 125,000 PEOPLE AND THE CURRENT ALLOCATION IS $77,000. THE MUSEUM'S MISSION IS TO EDUCATE AND INSPIRE A DIVERSE AUDIENCE ABOUT THE VISUAL ARTS AND THEIR RELEVANCE TO OUR TIME. SPEAKING OF EDUCATION, WE SERVE OVER 10,000 PUBLIC AND PRIVATE SCHOOL STUDENTS ANNUALLY, OF WHICH 88% COME FROM SCHOOLS WHICH HAVE 75% LOW INCOME ENROLLMENT. WE SERVE OVER 3,000 FAMILY MEMBER THROUGH THREE ANNUAL FAMILY DAYS WHICH ARE FREE. FOR EXAMPLE, DURING THE VISUALIZING THE BLUE EXHIBITION, SATURDAY FREE FAMILY DAY HOSTED 900 CHILDREN AND ADULTS FEATURING A SPECTACULAR PERFORMANCE BY THE GREATER CAVALRY BAPTIST CHURCH CHOIR. WE SERVE TEACHERS THROUGH OUR DISTRICT APPROVED PROFESSIONAL DEVELOPMENT TRAINING TO OVER 120 K THROUGH 12 TEACHERS ANNUALLY. THE ART REACH PROGRAM WHICH IS RUN OUT OF THE ART SCHOOL OUTREACHES TO 25,000 -- 2500 PEOPLE EACH YEAR AND THAT PROGRAM LOCAL ARTISTS ARE HIRED AS INSTRUCTORS TO GO TO LOCAL SCHOOLS AND LOCAL SERVICE TO FACILITATE VISUAL ACTIVITIES. THIS PROGRAM IS CRUCIAL TO HELP MAKING ART ACCESSIBLE TO EVERYONE. ALTHOUGH EXHIBITION SCHEDULE HAS BEEN STRONG VISITORSHIP CONTINUES TO RAISE. ... VISUALIZING THE BLUES IMAGES OF THE AMERICAN SOUTH 1862 TO 1999 AND THE CIRCUS IN 20th CENTURY ART. ONE OF THIS YEAR'S HIGHLIGHTS INCLUDED 22 TO WATCH SHOWCASING NEW ART BY AUSTIN ARTISTS, AND IT WAS SELECTED AS THE BEST MUSEUM SHOW OF THE YEAR BY THE AUSTIN ART CRITICS, A 60 PAGE SCHOLARLY CATALOG WAS SOLD AT THE MUSEUM AND DISTRIBUTED BY EXCHANGE TO 125 LIBRARY, ART MUSEUM, AND SCHOOLS LOCOICALLY, NATIONALLY AND INTERNATIONAL I HAD, WE PRIDE OURSELVES ON BEING GOOD NEIGHBORS, PROGRAMMING COLLABORATIONS WITH TEXAS FINE ARTS ASSOCIATION, THE MUSEUM OF ART AT UNIVERSITY, UT AUSTIN, AUSTIN COMMUNITY COLLEGE, MILLENNIUM YOUTH COMPLEX, THE PARAMOUNT THEATRE HAVE EXPANDED THE SERVICE WE PROVIDE TO THE COMMUNITY. WHILE WE WERE WAITING THIS EVENING WE INITIATED A COLLABORATION WITH THE LIBRARY TOO SO WE'RE GOING TO HAVE READING OF THE CITYWIDE BOOK AND BRING SOME ART TOGETHER. SO WE'RE DOING A LOT OF THINGS WITHIN THE COMMUNITY. TEACHER RESOURCE PACKETS AVAILABLE TO LOCAL TEACHERS PROVIDE INTERDISCIPLINARY CURRICULUM ACTIVITIES AND OVERROW OF MUSEUM RESOURCES AND TOURS AVAILABLE TO THEM FOR THEIR STUDENTS. THE ART SCHOOL AT LAGUNA GLORIA HAS 45 STUDENT ENROLLMENTS. OFFERED FOR ALL TYPES OF MEDIA AND ALL AGES. WE SUPPORT LOCAL ARTISTS THROUGH COMMISSIONS, THE MUSEUM SPONSORED EVENTS, TOURING GALLERIES AND THE TERRITORY STATEWIDE PBS SERIES THAT FEATURES EXPERIMENTAL VIDEOS BY REGIONAL ARTISTS. IN CLOSING, CONSIDERING THE MUSEUM'S EXTENSIVE COMMUNITY REACH, THE BREADTH OF OUR PROGRAMMING, THE SUPPORT OF ARTISTS AND OTHER ARTS ORGANIZATIONINGS IN AUSTIN, WE ARE CONFIDENT THE CITY REAPS AN ENORMOUS RETURN ON THE INVESTMENT GIVEN THROUGH THE CULTURAL CONTRACTS PROGRAM. WE RECOGNIZE THAT THE ARTS FUNDING THIS YEAR HAS BEEN REDUCED ACROSS THE BOARD AN WE'RE QUITE HAPPY TO SHARE THIS REDUCTION PROPORTIONATELY WITH OTHER OF OUR FINE ARTS COLLEAGUES, AN OUR FINE COLLEAGUE, IN THE CITY, BUT WE ASK THAT WE BE AWARDED THE MAXIMUM AMOUNT POSSIBLE TO ALLOW US TO CONTINUE THE COMMUNITY SERVICE THAT WE PROVIDE. SO THANK YOU FOR THE COMMITMENT THAT THE CITY HAS MADE TOWARDS ENHANCING THE VISUAL ARTS IN AUSTIN.

Mayor Garcia: THANK YOU VERY MUCH., MR. HANSEN. IS THIS CARD CORRECT? OKAY. WE'LL CALL...

HE HAS -- IT WAS 3 MINUTES AND 20 SECONDS LEFT.

OKAY. MR. DAVID SHAW HAS NINE MINUTES. YOU HAVE TIME DONATED TO YOU BY MARGARET HENKELS AND ALSO BY RENEE CRAFT. IS MARK BACK HERE? YOU SAID YOU WERE GOING TO GIVE THE TIME TO MR. HANSEN, BUT HE DIDN'T NEED IT SO I'M GOING TO PUT YOUR CARD SO AT THE TIME THAT YOUR CARD COMES UP YOU CAN SPEAK IF YOU SO DESIRE. MR. SHAW, WELCOME, SIR.

THANK YOU. THANK YOU, MAYOR, MEMBERS OF THE COUNCIL, CITY MANAGER, THANK YOU FOR HAVING ME HERE TONIGHT. I HAVE THE PRIVILEGE OF SERVING AS THE PRESIDENT OF THE BOARD OF THE AUSTIN PUBLIC LIBRARY FOUNDATION AND WE'RE HERE TONIGHT TO TAKE THAT LEAP OF FAITH WITH YOU AND I'M GOING TO READ SOMETHING THAT DOESN'T HAVE ENOUGH WHEREAS TO BE A RESOLUTION BUT IT IS APPROVED BY OUR BOARD AND IS IT A STATEMENT. THE AUSTIN PUBLIC LIBRARY FOUNDATION BOARD OF DIRECTORS THANK THATS THE MAYOR AND THE CITY COUNCIL ALONG WITH THE CITY MANAGER FOR THEIR EFFORTS TO MAINTAIN LIBRARY SERVICES IN THIS DIFFICULT BUDGET YEAR. WE ALSO COMMEND THE AUSTIN PUBLIC LIBRARY STAFF FOR THE EXTRAORDINARY WORK THEY DO EVERY DAY. WHILE OUR LIBRARIES IS RENOWNED FOR DOING A LOT WITH A LITTLE WE LOOK FORWARD TO THE TIME WE CAN GIVE OUR LIBRARY THE RESOURCES IT NEEDS TO BE GREAT. THERE ARE A NUMBER OF SUPPORTERS HERE TONIGHT AND I WOULD ASK THEM TO RAISE THEIR HAND OR STAND OR BE RECOGNIZED TO SUPPORT THAT STATEMENT. THERE THEY ARE. THANK YOU ALL. AND WE ARE GOING TO TAKE THAT LEAP OF FAITH WITH YOU, BUT IF I COULD FOR JUST A MOMENT, LOOKING FORWARD, THERE ARE THREE THINGS I WOULD LIKE TO MENTION FOR FUTURE BUDGET YEARS THAT WILL HELP US CREATE A SUPERIOR FREE PUBLIC LIBRARY AS THIS COMMUNITY DESERVES AND CLEARLY WANTS AS DEMONSTRATED BY THE SUPPORT HERE TONIGHT AND THE FIRST THING THAT I WOULD LIKE TO POINT OUT IS THE REAL NEED TO INVEST IN STAFF, THE LIBRARY STAFF ARE REALLY THE HEART AND SOUL OF WHAT MAKES THE AUSTIN PUBLIC LIBRARY GREAT. THEY'RE THE ONES WHO MAKE THE LIBRARY A PLACE THAT REALLY CONNECTS WITH THE COMMUNITY. I'M REMINDED AT CARVER LIBRARY, FOR EXAMPLE, ONE LIBRARIAN IN PARTICULAR WHO I'VE BECOME A BIG FAN OF AND THAT IS MICHELLE GORMAN, EVERY DAY AFTER SCHOOL SHE'S THERE WITH THOSE CHILDREN, BEING THERE FOR THEM, SHE'S A STEADYING PRESENCE FOR THEM EVERY DAY AFTER SCHOOL AND THERE TEACHING THEM COMPUTER SKILLS THEY MAY NOT OTHERWISE HAVE A CHANCE TO LEARN. SO CLEARLY THE LIBRARY STAFF IS THE REAL CONNECTION THAT MAKES THE LIBRARY PART OF THE COMMUNITY AND THEY HAVE TO DO MORE WITH LESS. IN FACT THE AUSTIN PUBLIC LIBRARY HAS FEWER STAFF PER SERVICE HOUR THAN ANY URBAN LIBRARY IN THE UNITED STATES AND WHILE THAT IS SOMETHING THAT I KNOW THAT WE'RE ALL HERE WORKING TO IMPROVE, THE STAFF REALLY IS THE CROWN JULY OF OUR LIBRARY SO I WOULD ASK YOU TO INVEST IN THOSE RESOURCES. THE SECOND THING I WOULD ASK YOU TO LOOK FOR WARD TO IN FUTURE BUDGET YEARS IS LIBRARY SPACE. A FEW YEARS AGO THE CITY PASSED BONDS AND WE'VE SINCE BUILT NEW BRANCHES ALL ACROSS THE CITY AND THEY'VE BEEN WARMLY EMBRACED BY THE COMMUNITY. AUSTIN RIGHT NOW IS SORELY IN NEED OF A NEW CENTRAL LIBRARY. THE CURRENT ONE BUILT IN 1974 IS SO CRAMMED FULL OF EVERYTHING TO PUT A NEW BECOME ON THE SHELF YOU PROBABLY WOULD HAVE TO TAKE ONE OFF RIGHT NOW. A STRONG CENTRAL LIBRARY IS THE HEART THAT SUPPORTS ALL OF THE BRANCHES. IT'S IMPORTANT THAT WE THINK ABOUT THAT FOR THE FUTURE. LIBRARIES ARE REALLY ULTIMATELY ATTRIBUTE TO DISCOURSE IN A DEMOCRATIC SOCIETY TO BE PART OF A DOWNTOWN QUADRANT WHERE THE CITY HALL IS GOING TO BE AND WE CREATE A DOWNTOWN SQUARE FOR AUSTIN. THE THIRD THING I WOULD ASK FOR YOU TO CONSIDER IS INVEST IN RESOURCES SERVICES AND COLLECTION FOR OUR BRANCHES. THE LIBRARIES TODAY ARE MUCH MORE THAN CHECKING OUT BOOKS. THEY'RE PLACES WHERE PEOPLE GO FOR INFORMATION, FOR ACCESS TO TECHNOLOGY, FOR ENTERTAINMENT, ACCESS TO CULTURE, AS YOU CAN SEE NOW IN OUR WONDERFUL PARTNERSHIP WITH THE AUSTIN MUSEUM OF ART. HEARD IT HERE FIRST TONIGHT. BUT THESE BRANCHES ARE ALSO PUBLIC MEETING SPACES, THEY'RE THE TOWN HALLS FOR THEIR NEIGHBORHOODS AND I WOULD ENCOURAGE YOU TO INVEST IN BRANCHES IN FEATURE BUDGET YEARS AFTER WE MAKE THIS LEAP OF FAITH WITH YOU SO WE DO SINCERELY THANK THE COUNCIL, WE THANK YOU, CITY MANAGER, MAYOR, AND THE LIBRARY STAFF FOR MAKING DIFFICULT DECISIONS AND PROVIDING US -- I HOPE YOU WILL CONSIDER MAKING THIS A TOP PRIORITY FOR FUTURE YEARS A AS OUR BUDGET SITUATION PROVES AND WE CAN CRETE THE KIND OF SUPERIOR PUBLIC LIBRARY THAT AUSTIN WANTS AND DESERVES. THANK YOU VERY MUCH.

Mayor Garcia: THANK YOU MR. SHAW... [ APPLAUSE ]

THANK YOU FOR SERVING IN THE LIBRARY FOUNDATION. MR. ROBBINS, YOU HAVE -- SOME PEOPLE HAVE GIVEN YOU TIME. KARIN HADDEN. SCOTT JOHNSON. AND ERICA GONZALEZ. I SAW MS. HADDEN. HERE. I DIDN'T SEE SCOTT JOHNSON. IS SCOTT HERE? ANYWAY, YOU HAVE 12 MINUTES. YOU DON'T HAVE TO USE THEM.

THE REASON I HAVE THESE IS BECAUSE I BROUGHT SOME ENTERTAINMENT.

THIS IS SCAREY, SLIDES COMING DOWN.

THIS IS A MOVIE. OKAY. CITIZENS OF AUSTIN, CITY COUNCIL, OUR CITY IS IN A RECESSION, TENS OF THOUSANDS OF AUSTINITES HAVE BEEN LAID OFF. WE'RE RAISING TAXES WHILE CUTTING CITY SERVICES SO IT IS EGREGIOUS AND UNCONSCIONABLE WHILE THE REST OF THE CITY...

Mayor Garcia: PAUL, PUSH ESPANOL OVER THERE SO I CAN --

SORRY. I MISSED THE JOKE.

NO, IT SAYS A PREMIER V.C.R., ESPANOL.

I'M NOT SURE THIS HAS SPANISH, SIR. [LAUGHTER].

IF I COULD CONTINUE. THE REST OF THE CITY SUFFERS INCLUDING THE GENERAL FUND WHILE OUR UTILITY HAS $183 MILLION IN THE BANK. IT'S OUTRAGEOUS THAT WHILE LIBRARIES AND PARKS ARE CUT, THE ELECTRIC UTILITY OVERCOLLECTS 80 MILLION A YEAR. SINCE ITS OVERCOLLECTION PROCESS BEGAN TO TAKE PLACE IN 1996, THE CITY HAS SPENT ALMOST $300 MILLION ON POWER PLANTS WITHOUT VOTER APPROVAL IN VIOLATION OF THE SPIRIT OF THE AUSTIN CITY CHARTER. IN TOTAL OVER HALF A BILLION DOLLARS HAS BEEN OVERCOLLECTED TO DATE AND AGAIN $183 MILLION IS IN THE BANK RIGHT NOW. AND WHEN TRYING TO EXRENT THIS INCENSIVE, ALMOST MONSTROUS SITUATION, I WAS STRUCK BY ITS RESEMBLANCE TO A MOVIE CLASSIC, CHINA TOWN. NOW, SOME PEOPLE BELIEVE THIS IS THE BEST MOVIE THEY EVER SAW. IN IT A PRIVATE DETECTIVE, PLAYED BY JACK NICHOLSON STUMBLES ON TO A PLOT TO STEAL WATER FOR AND FROM LOS ANGELES. THIS PLOT IS ORGANIZED BY A CHARACTER PLAYED BY JOHN HUSTON. HUSTON IS THE WEALTHY VILLAIN BEHIND THE PLOT, A MAN CAPABLE OF ANYTHING. SO NOW, FOR THE FIRST TIME AT AN AUSTIN CITY COUNCIL MEETING, A CLIP OF ROMAN POLANSKY'S CHINA TOWN. NOW, I DON'T KNOW HOW WELL THIS IS GOING TO COME THROUGH, BUT THIS IS A FIRST FOLKS. ROLL IT! IS THIS A WAY TO DELAY MY SPEECH?

OH, THERE YOU ARE. WELL, YOU DON'T LOOK TOO MUCH THE WORST FOR WEAR, I MUST SAY.

WHERE IS THE GIRL.

I'VE GOT HER.

IS SHE ALL RIGHT?

SHE'S FINE.

WELL, WHERE IS SHE?

WITH HER MOTHER.

GOT SOMETHING I WOULD LIKE TO SHOW YOU.

WHAT IS IT? AN OBITUARY COLUMN.

I GUESS I CAN MANAGE.

WHAT DOES IT MEAN?

THAT YOU KILLED HOLLIS MULRAY RIGHT HERE IN THAT POND. DROWNED HIM AND YOU LEFT THESE. CORONERS REPORT SHOWS HE HAD SALT WATER IN HIS LUNGS.

HOLLIS WAS ALWAYS FASCINATED BY TIDE POOLS. YOU KNOW WHAT HE USED TO SAY?

I HAVEN'T THE FAINTEST IDEA?

THAT'S WHERE LIFE BEGINS. TIDE POOLS. WE FIRST COME OUT HERE HE FIGURED IF YOU DUMPED WATER IN THE DESERT SAND AND LET IT PERCOLATE IT WOULD SAY THERE INSTEAD OF THE WAY IT DOES INTO MOST RESERVOIRS. HE MADE THIS CITY.

THAT'S WHAT YOU WERE GOING TO DO IN THE VALLEY.

THAT'S WHAT I AM DOING. THE BOND ISSUE PASSES TUESDAY, THERE WILL BE $8 MILLION...

THERE'S GOING TO BE A LOT OF EYE RATE CITIZENS WHEN THEY FIND OUT THEY'RE PAYING FOR WATER THEY'RE NOT GOING TO GET.

THAT'S ALL TAKEN CARE OF. YOU SEE, YOU BRING THE WATER TO LA OR YOU BRING LA TO THE WATER.

HOW ARE YOU GOING TO DO THAT?

BY INCORPORATING THE VALLEY AND THE CITY, SIMPLE AS THAT.

HOW MUCH ARE YOU WORTH?

I HAVE NO IDEA. HOW MUCH DO YOU WANT?

I JUST WANT THE KNOW WHAT YOU'RE WORTH. OVER 10 MILLION.

YES.

WHY ARE YOU DOING IT? HOW MUCH BETTER CAN YOU EAT? WHAT CAN YOU BUY THAT YOU CAN'T ALREADY AFFORD?

THE FUTURE, MR. GIBBS, THE FUTURE. NOW, WHERE IS THE GIRL? I WANT THE ONLY DAUGHTER I HAVE LEFT. FOUND OUT EVELYN WAS LOST TO ME A LONG TIME AGO.

WHO DO YOU BLAME FOR THAT, HER?

I DON'T BLAME MYSELF? SEE, MR. GIB, MOST PEOPLE NEVER HAVE TO FACE THE FACT THE RIGHT TIME AND THE RIGHT PLACE THEY'RE CAPABLE OF... TAKE THOSE GLASSES FROM ME, WILL YOU?

OKAY. CAN YOU CUT? [ APPLAUSE ] [LAUGHTER]

ONE OF THE MOVIE GREATS. COUNCIL, CITIZENS, IN THE MODERN VERSION -- I DON'T KNOW HOW MUCH OF THIS YOU CAUGHT, BUT JACK NICHOLSON CONFRONTS THE WEALTHY MONSTER AND SAYS HOW MUCH BETTER CAN YOU EAT? WHAT CAN YOU BUY THAT YOU CAN'T ALREADY AFFORD. JOHN HUSTON REPLIES THE FUTURE. AND ASKED HOW HE CAN LIVE WITH HIMSELF. HE SAYS I DON'T BLAME MYSELF. MOST PEOPLE DON'T HAVE TO FACE THE FACT THAT UNDER THE RIGHT CIRCUMSTANCES THEY'RE CAPABLE OF ANYTHING. NOW, IN THIS MODERN-DAY VERSION, I PAUL ROBBINS PLAY JACK NICHOLSON AND JOHN HUSTON IS PEARSONIFYED BY AUSTIN ENERGY. INDIVIDUALLY AUSTIN ENERGY'S DIRECTORS ARE NICE PEOPLE, BUT AS AN INSTITUTION, IT IS A MONSTER, A ROGUE AGENCY BECOMING ACCOUNTABLE TO NO ONE. I ASKED 183 -- I ASK AUSTIN ENERGY, $183 MILLION IN THE BANK WHILE THE CITY IS IN A RECESSION? $80 MILLION ADDITIONAL IN ILLEGAL OVERCOLLECTIONS PER YEAR? HOW MUCH BETTER CAN YOU EAT? WHAT CAN YOU BUY IN THE SHORT-TERM THAT YOU CAN'T ALREADY AFFORD? THEY SAY THE FUTURE, MR. ROBBINS. POWER PLANTS WITHOUT VOTER APPROVAL. BUT LIBRARIES AND PARKS ARE SHORT STAFFED. HIGHER TAXES IN A RECESSION ARE NOT AFFORDABLE AND YOU'VE STOLEN DEMOCRACY FROM THE VOTERS. THEY SAY UNDER THE RIGHT CIRCUMSTANCES A ROGUE AGENCY IS CAPABLE OF ANYTHING. CITIZENS IN THIS AUDIENCE, MOST OF YOU ARE HERE TO PROTEST BUDGET CUT BACKS BUT DO YOU NOT FOUND IT OUTRAGEOUS THAT YOUR PROGRAMS ARE BEING CUT WHILE OUR TAXES ARE BEING RAISED WHILE AUSTIN ENERGY HAS $183 MILLION IN THE BANK AND OVERCOLLECTING $80 MILLION A YEAR? CITIZENS, THIS IS YOUR MONEY. IF A SMALL FRACTION OF THIS MONEY WERE SPENT ON RATE REDUCTIONS THIS YEAR, IT WOULD COMPENSATE THE HOUSEHOLD BUDGET FOR A TAX INCREASE NECESSARY TO RESTORE BUDGET CUTS. AUSTIN ENERGY HAS MADE SPECIOUS JUSTIFICATIONS THAT WOULD PUT JOHN HUSTON TO SHAME. THEY SAY WE NEED A RESERVE IN CASE DEREGULATION OF AUSTIN'S UTILITY OCCURS. THAT WE NEED A RESERVE IN CASE GAS COSTS GO UP, THAT OUR DEBT TO EQUITY RATIO IS BETTER. WHY NOT JUST TELL US THE DOG ATE YOUR HOME WORK? [LAUGHTER] AUSTIN HAS NOT DEREGULATED ITS UTILITY, GAS COSTS ARE HANDLED THROUGH FUEL ADJUSTMENT CHARGES AND DEBT-TO-EQUITY RATIOS DO NOT JUSTIFY TAKING THE RIGHT TO VOTE ON POWER PLANTS AWAY. FOR ALL OF YOU HERE TONIGHT WHO ARE WATCHING TONIGHT, WHO CARE ABOUT FUNDING FOR HEALTH CARE, PARKS, LIBRARIES OR HOUSING, THE MONEY IS THERE. IF YOU COMBINE THE TAKE PROPOSALS FOR THE CITY, THE COUNTY, AND AUSTIN INDEPENDENT SCHOOL DISTRICT, IT WILL COST ABOUT $500 PER HOUSEHOLD. THE CITY OF AUSTIN CAN LESSEN THE PAIN BY GIVING AN ELECTRIC RATE DECREASE AT THIS CRUCIAL TIME. AND IF I HAVE VEXED THE MAYOR WITH MY REPEATED SPEECHES, TAKE A LINE FROM THE MOVIE, COME ON, GUS, IT'S CHINA TOWN. [LAUGHTER] [ APPLAUSE ]

Mayor Garcia: SINCE I DON'T KNOW THE DEFINITION OF VEXED, E-MAIL NOT GOING TO RESPOND TO YOU.

WELL... I COULD STAND HERE FOR TWO MINUTES AND 12 SECONDS LOOKING AT YOU. THERE'S NO QUESTIONS OR COMMENTS.

Mayor Garcia: NONE.

NONE OF YOU WANT TO S.W.A.T. ME? OKAY. THANK YOU.

Mayor Garcia: THANK YOU, PAUL. MIKE CLARK MADISON. IS HE HERE? HE SAID IF I WAS NOT HERE HE COULD READ. THANKING THE CITY MANAGER FUTRELL FOR LIBRARY FUNDING IN A TOUGH BUDGET YEAR URGING CITY HALL NOT TO FORGET THE COMMITMENT FOR REBUILDING LIBRARY SERVICE AND MAKING AUSTIN'S PUBLIC LIBRARY THE NATION'S BEST. LUPE RANDA? YEAH, SHE HAS -- SHE HAS -- LET'S SEE. SHE HAS MS. CONDELLAS, GONZALEZ, PRINCIPAL OF [INAUDIBLE] ELEMENTARY AND JENNIFER RIOJAS. SO, MS. RAND, YOU HAVE FIFTEEN MINUTES WITH YOUR THREE MINUTES AND THE 12 MINUTES DONATED TO YOU. WELCOME.

THANK YOU. THANK YOU, MAYOR, COUNCILMEMBERS, CITY MANAGER. MY NAME IS LUPE RAND AND I'M TOP CHAIR OF PLANNING IN CESAR CHAVEZ NEIGHBORHOOD. I'M HERE TO ASK COUNCIL TO FIND FUNDING FOR ART RESOLUTION AT A TIME THAT WE'RE TALKING ABOUT OPERATING ON FAITH AND WORKING LEANER AND SMARTER, I'M SORRY TO TELL YOU THAT OUR PROBLEMS CONTINUE. THE UNOFFICIAL DAY LABOR SITE AND NOW THE EXISTENCE OF A SEXUAL PREDATOR IN OUR NEIGHBORHOOD. I CAN'T TELL YOU HOW UPSET AND ANGRY OUR NEIGHBORS ARE. I BROUGHT YOU BINDERS WITH INFORMATION, SUGGESTION, THINGS THAT WE'VE TRIED TO BRING TO YOU TO TRY TO FIND A SOLUTION, OR SOME SORT OF A TEMPORARY SOLUTION. WE'RE ASKING YOU TO MAKE A COMMITMENT, APPROXIMATE NOT UTILITIES FOR SATELLITE OFFICE, WE WOULD ASK FOR SOME POSSIBLE SEED MONEY TO GET A PORTABLE BUILDINGOR MANAGE THAT WOULD HELP US DETER CRIME. OUR RESIDENTS ARE ANGRY. THEY WEREN'T ABLE TO BE HERE BECAUSE RIGHT NOW WE'RE OPERATING AS PROACTIVELY AS WE CAN. WE'RE MEETING AT OUR SCHOOL, TRYING TO ORGANIZE SAFE HOUSES, WHATEVER WE CAN, TO DETER CRIME. BUT WITH THIS ECONOMY, THE NUMBER OF DAY LABORERS, TRANSIENTS HAVE INCREASED. SOME DAYS WE HAVE TO 200 IN OUR NEIGHBORHOOD AND I CAN'T TELL YOU HOW UNHAPPY AND ANGRY THE RESIDENTS WERE THAT A SEXUAL PREDATOR HAD BEEN SIGHTED IN OUR NEIGHBORHOOD JULY 23 AND THEN AGAIN JULY 25. WE WEREN'T INFORMED FOR AN ENTIRE MONTH. OUR NEIGHBORS ARE ANGRY. THEY WANT YOU TO ACT. I'VE BROUGHT YOU A LITTLE MAP. I'M SHOWING YOU WHERE THE SCHOOL IS. IT'S IN THE CLOSE PROXIMITY, 730 FEET TO THE SOUP KITCHEN, THE TWO BLOCKS BETWEEN THE SOUP KITCHEN AND SCHOOL ARE FILLED ON A DAILY BASIS WITH TRANSIENTS, WITH DAY LABORERS, DRUG ADDICT, WE HAVE PROSTITUES, EVERY DAY. WE'RE ASKING YOU FOR SEVERAL THINGS. WE'RE ASKING YOU TO CONSIDER GIVING A WALKING BEAT FOR APD. THE TWO LOTS ONE AND TWO HAVE BEEN OFFERED BY PROPERTY OWNERS, RENT FREE, IF YOU CAN HELP US PUT A PORTABLE BUILDING, A CONSTRUCTION TRAILER, OFFER US SEED MONEY. WE'LL GO TO THE PRIVATE SECTOR FOR THE REST. WE'RE ASKING YOU TO HELP US. WE NEED MORE SCHOOL GUARD, CROSSING GUARDS. TRADITIONALLY, FOR YEARS NOW, BECAUSE IT'S BEEN 17 YEARS WITH THE SOUP KITCHENS, WE GO EVERY DAY, WE GET FLYERS, WE INSTRUCT THE KIDS, WE TELL THEM TO WALK THIS WAY WHERE THE CROSSING GUARDS ARE. THEY'RE SMALL CHILDREN. THEY FORGET. WE'RE ASKING YOU TO HELP US GET MONEY FOR MORE CROSSING GUARDS. YOU'RE ASKING US TO WORK LEANER AND SMARTER. WE'RE ASKING YOU TO HELP US. PLEASE, TRY TO FIND SOME FUNDING. TRY TO FIND SOME MONEY. THANK YOU.

Mayor Garcia: THANK YOU. LORI RENTERIA AND FOLLOWING HER IS JUDY BALLARD. WELCOME.

THANK YOU, MAYOR. I KNOW YOU GUYS HAVE A TOUGH TIME, BUT 17 YEARS IS A LONG TIME. I'M AN ADVOCATE FOR THE HOMELESS. WE'VE TRIED TO -- WE CLOSED THE SOUP KITCHEN ONCE AND NINE MONTHS LATER IT OPENED AGAIN AND THE BAPTISTS IN THIS TOWN WHO VOLUNTEER AT THAT SOUP KITCHEN ARE SO PARANOID OF THE CRIME AND HAVOC THAT THESE PATRONS OF THE SOUP KITCHEN BRING, THEY GET ESCORTED FROM THEIR CARS TO GO WORK BEHIND BULLET PROOF GLASS TO DO THEIR LITTLE MISSIONS. SO THIS JUST ISN'T RIGHT. MAYOR WATSON MADE, WHEN WE WORKED ON GETTING THE NEW DOWNTOWN SHELTER, HE WORKED VERY HARD, WE HAD THE DAY LABOR TASK FORCE TO CREATE THE NEW WORKERS FIRST SITE. THE SOUP KITCHEN OPERATOR, FRANK, WAS INVITED TO PARTICIPATE. HE REFUSED. HE JUST -- THEY ARE TOTALLY UNCOOPERATIVE. WE UNDERSTAND THERE'S AN ISSUE OF CHURCH AND STATE, BUT WE NEED YOUR HELP, YOU KNOW, WE'RE NOT DEMANDING THAT YOU CLOSE THE SOUP KITCHEN. WE'VE BEEN TOLD FOR 17 YEARS Y'ALL CAN'T HELP US CLOSE THE SOUP KITCHEN BECAUSE IT'S A CHURCH-STATE ISSUE. BUT AT A MINIMUM, YOU CAN GIVE US WHAT WE NEED, WHAT THESE MINIMAL THINGS THAT WE'RE ASKING FOR SO THAT A KID OR A FRAIL ELDERLY IN OUR NEIGHBORHOOD IS NOT KILLED. BECAUSE IT'S ONLY A MATTER OF TIME, OR WORSE, WHAT'S GOING TO HAPPEN IS SOME DAD IS GOING TO FIND OUT FROM HIS WIFE OR HIS KIDS THAT THEY'VE BEEN SEXUALLY HARASSED BY THESE DAY LABORERS AND HE'S GOING TO WALK TO SCHOOL WITH A BASEBALL BAT AND WE'RE GOING TO HAVE SOME VIOLENCE IN THE NEIGHBORHOOD AND WE'RE ASKING YOU TO ACT TO GIVE US THE MINIMAL THINGS THAT WE NEED, BECAUSE YOU KNOW WHAT ELSE WE'RE DOING? WE'RE FORMING A LEGAL DEFENSE FUND. WE'VE GOT SOME ANONYMOUS DONORS, WE'RE HIRING AN ATTORNEY AND WE'RE SUING APD AND THE CITY OF AUSTIN AND THE SOUP -- YOU'LL BE A PARTY TO A LAWSUIT FOR CREATING A NUISANCE AND DOING NOTHING ABOUT IT FOR 17 YEARS. AND THEN WHEN WE GET TO COURT MAYBE YOU CAN SETTLE THE LAWSUIT AND COUGH UP THE QUARTER OF A MILLION DOLLARS THE BAPTISTS WANT TO CLOSE THE SOUP KITCHEN AND MOVE, BECAUSE IT'S GOING TO BE CHEAPER FOR Y'ALL TO SETTLE A LAWSUIT THAN IT IS TO DEAL WITH US AND A DEATH OR WHATEVER HAPPENS OVER THIS NUISANCE. YOU KNOW, AS A COUNCIL, COUNCIL AFTER COUNCIL AFTER COUNCIL, THERE'S BEEN NO PROBLEM FINDING MILLIONS OF DOLLARS TO FIND SAFE HABITAT FOR THE SALAMANDERS. IT'S TIME YOU COUGH YOU HAVE A QUARTER MILL FOR THE CHILDREN AT SANCHEZ. THAT'S THE BOTTOM LINE.

Mayor Garcia: THANK YOU, MS. RENTERIA. JUDY BALLARD, AND FOLLOWING MS. BALLARD IS ALICIA SPACE RAINMURD. I'LL GET THIS RIGHT HERE IN JUST A MINUTE.

Alvarez: IF NO ONE ELSE IS GOING TO SPEAK ON THIS ISSUE, I DID WANT TO MAKE SURE THAT FOLKS UNDERSTOOD THAT WE'RE LOOKING AT WAYS OF TRYING TO FUND SOME -- PROVIDE SOME POLICE SUPPORT, ADDITIONAL FOR THIS PARTICULAR PROBLEM. WE ARE ESTABLISHING A WALKING BEAT FOR EAST 11th AND 12th STREET WHICH IS ALSO GOING TO BE UTILIZED TO LOOK AT OTHER HOT SPOTS AND SO I THINK, YOU KNOW, THAT WE CAN COME UP WITH A PARTICULAR TIME LINE OR DIFFERENT SHIFT THAT CAN COVER DIFFERENT PARTS OF EAST AUSTIN, THERE WILL BE SOME COVERAGE. WHAT WE'RE TRYING TO DO RIGHT NOW IS TO SCROUNGE UP SOME FUNDS TO PROVIDE EVEN MORE COVERAGE THAN WE CURRENTLY HAVE IN THE BUDGET SO THAT WE CAN HAVE A LARGER PRESENCE, ESPECIALLY IN THIS PARTICULAR AREA AND OTHER HOT SPOTS IN EAST AUSTIN AS THEY DEVELOP, BUT WITH THE UNDERSTANDING THAT THIS IS ONE OF THE AREAS THAT IS A PARTICULAR CONCERN RIGHT NOW. SO WE ARE LOOKING INTO IT AND HOPING TO FIND THE ADDITIONAL RESOURCES TO HAVE A SIGNIFICANT PRESENCE IN THAT AREA.

THANK YOU, AND WE THANK THE APD AND THE ASSISTANT CITY MANAGER OVER POLICE, THEY'VE BEEN VERY COOPERATIVE IN TRYING TO SCRAPE UP SOME DOLLARS. I THANK YOU.

Mayor Garcia: IS MS. BALLARD HERE? SHE DOES NOT WESH THE SPEAK. SHE IS DONATING THE TIME TO THE LIBRARY. PLEASE SUPPORT THEM, MOTHER OF CHILDREN WHO LOVES STORY TIME. ALICIA RAYMOND AND FOLLOWING MS. RAYMOND IS JENNIFER McFELL.

GOOD EVENING MAYOR, COUNCILMEMBERS AND CITY MANAGER, MY NAME IS ALICIA RYMOND. (ONE MOMENT, PLEASE, FOR CHANGE IN CAPTIONERS...) 8:30 P.M. ES (TIME 8:27 P.M.)

Mayor Garcia: RON LUCEY? MR. CHAIRMAN, WELCOME.

Mayor Garcia: GOOD EVENING, MAYOR, COUNCILMEMBERS AND CITY MANAGER. MY NAME IS RON LUCEY, THE CHAIR OF THE AUSTIN MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES. I REGRET THAT I DON'T HAVE A MOVIE TO SHOW YOU TONIGHT, BUT IF I DID IT WOULD PROBABLY BE A DISNEY FILM. I'M HERE TONIGHT TO SPEAK IN FAVOR OF THE SUMMER YOUTH EMPLOYMENT PROGRAM WHICH DOES SO MUCH FOR OUR CITY'S YOUTH. I WANT TO BEGIN MY REMARKS BY THANKING THE CITY MANAGER AND THE COUNCIL FOR ITS SUPPORT OF AUSTIN YOUTH WITH DISABILITIES. EARLIER THIS SUMMER, THE CITY INCLUDED A BUDGET ITEM THAT WOULD PROVIDE A SUMMER YOUTH EMPLOYMENT COORDINATE NATURE FOR AUSTIN YOUTH WITH DISABILITIES. AS MANY OF YOU KNOW, THE NATIONAL UNEMPLOYMENT RATE OF PERSONS WITH DISABILITIES OF WORKING AGE IS APPROXIMATELY 70%. THE AUSTIN MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES BELIEVES THAT BY PROVIDING MORE JOB OPPORTUNITIES FOR AUSTIN'S YOUTH AND INCLUDING AUSTIN'S YOUTH WITH DISABILITIES, WE CAN ADDRESS THIS EXTREMELY HIGH UNCLOIMENT RATE AND MAKE A -- UNEMPLOYMENT RATE AND IN A DIFFERENCE IN THE LIVES OF AUSTIN YOUTH WITH DISABILITIES. SO I WANT TO THANK CITY MANAGER FUTRELL FOR THEIR SUPPORT OF THAT BUDGET ITEM. THE SUMMER YOUTH EMPLOYMENT PAM HAS BEEN IMPORTANT TO ME FOR A LONG TIME. I HAVE SERVED AS A JOB COACH IN OTHER SUMMER EMPLOYMENT PROGRAMS. I KNOW WHAT IT TAKES TO PUT ON A PROGRAM LIKE THIS. I UNDERSTAND THE STAFF TO YOUTH RATIO THAT'S REQUIRED TO MAKE SURE THAT A PROGRAM IS RUN EFFECTIVELY AND THAT THERE ARE QUALITY JOB PLACE PLACEMENTS. WITH THE SUMMER YOUTH EMPLOYMENT COORDINATOR FOR YOUTH WITH DISABILITIES THEY ARE GOING TO HAVE A TOUGH JOB. IN ORDER TO RECRUIT YOUTH WITH DISABILITIES AND ENSURE THAT THEY HAVE AN INTEGRATED JOB PLACEMENT WORKING ALONGSIDE THEIR NON-DISABLED PEERS IN MEANINGFUL WORK, IT'S GOING TO BE A FULL-TIME EFFORT FOR THEM. I'M GLAD THAT WE WILL HAVE THE RESOURCE TO ADDRESS THAT NEED BECAUSE THE NEED IS GREAT. ROONTLY I LEARNED FROM CITY LEADERS THAT THE SUMMER YOUTH EMPLOYMENT PROGRAM IS GOING TO BE BEARING ITS SHARE OF A BUDGET REDUCTION. ITS LOSING SOME F.T.E.'S AND SOME FUNDING. WE CERTAINLY UNDERSTAND GREAT NEED FOR BUDGET CUTS ACROSS ALL CITY DEPARTMENTS AND PROGRAMS. THE PROPOSED CUT FOR THIS PROGRAM EQUALS APPROXIMATELY ONE-HALF OF ONE -- ONE-HALF OF -- 1/10TH OF A A PERCENT OF THE AVAILABLE BUDGET THAT COULD BE CUT. THIS PROGRAM SERVES APPROXIMATELY 1,000 YOUTH CITY-WIDE AND PROVIDES TREMENDOUS BENEFIT TO THE COMMUNITY IN TERMS OF VALUE. IT'S A -- IT'S A GOOD SOUND PUBLIC POLICY AND GOOD INVESTMENT TO FUND THIS PROGRAM BECAUSE IT GIVES SO MUCH BACK IN TERMS OF IN-KIND SUPPORT AND VOLUNTEER SUPPORT FROM OUR FAITH-BASED COMMUNITY AND OUR CHURCHES THAT ARE HERE TONIGHT. IT ALSO GETS A MATCH FROM COUNTY GOVERNMENT. I -- I AM WILLING TO -- TO TAKE THE LEAP OF FAITH TO BELIEVE THAT THE CITY MANAGER FUTRELL SAYS WHAT SHE MEANS IN WANTING TO SERVE THE SAME NUMBER OF YOUTH IF NOT MORE YOUTH IN THIS PROGRAM. [BUZZER SOUNDING]

I WILL JUST WRAP UP AND -- IN JUST A SECOND. AND IN CLOSING I ENCOURAGE THE CITY MANAGER TO WORK WITH THE COUNCIL TO ENSURE THAT THIS PROGRAM HAS THE RESOURCES THAT IT NEEDS, NOT ONLY FOR THIS YEAR, BUT FOR THE COMING YEARS. THE -- THE NEEDS OF THESE YOUTH ARE TOO IMPORTANT TO NOT GIVE THEM THE RESOURCES THAT THEY NEED. THANK YOU VERY MUCH FOR YOUR TIME.

THANK YOU, MR. LUCY. JENNIFER.

SPARKEY.

HE HAD TO CATCH HIS BUS.

WE ARE GETTING TO CLOSE TO HAVING TO GET OUT OF HERE. WE DIDN'T WANT TO TURN INTO A PUMPKIN AT MIDNIGHT. YOU KNOW HOW THAT IS. I HAVE MY TESTIMONY FOR YOU TONIGHT HERE IN WRITING. BUT JUST IN CASE I LEAVE SOMETHING OUT BECAUSE IT BEEN A LONG DAY. THIS ISN'T THE ONLY HEARING THAT WE HAVE BEEN TO. I WANTED TO TALK TONIGHT ABOUT ACCESSIBLE, AFFORDABLE INTEGRATED HOUSING. I WANTED TO LET YOU KNOW THAT WE SUPPORT THE HOUSING TRUST FUND AND THAT IT SHOULD BE A MILLION DOLLAR LINE ITEM IN THE BUDGET. AND THAT 50% OF THOSE FUNDS SHOULD FUND PROJECTS THAT SERVE PEOPLE AT 30% OR BELOW THE MEDIAN FAMILY INCOME. MOST PEOPLE WITH DISABILITIES LIVE ON -- ON DISABILITY INCOME. THE SOCIAL SECURITY INCOME THAT THEY RECEIVE MONTHLY AND THAT IS TYPICALLY 15% OF THE MEDIAN FAMILY INCOME. SO WE HAVE VERY FEW CHOICES AS A COMMUNITY AS TO WHERE WE LIVE. WE GO WHERE WE CAN AFFORD. THAT DOESN'T ALWAYS MEAN THE MOST INTEGRATED AND THAT DOESN'T ALWAYS MEAN THE MOST AFFORDABLE OR ACCESSIBLE. WHAT THAT MEANS IS THAT WE HAVE BEEN MAKING A GREAT DEAL OF SACRIFICES FOR A LOT OF YEARS. ACCORDING TO AUSTIN TENANTS COUNCIL WHO WORK WITH AND SUPPORT VEHEMENTLY, ABOUT 50% OF THEIR COMPLAINTS ARE DISABILITY RIGHTS RELATE THE. WHAT THAT TELLS YOU IS YES WE HAVE GOTTEN THE WORDS OUT ABOUT PEOPLE'S RIGHTS, BUT ALSOS FROM A GREAT DEAL OF SEGREGATION AND BIGOTRY THAT WE SUPPORT AS A COMMUNITY. WE ALSO SUPPORT YOUR 504 COMPLIANCE WITH THE TENANTS COUNCIL AND THE BUCK GROUP. WE ARE VERY STRONGLY SUPPORTIVE OF THAT. IT'S GOING TO TRANSLATE INTO ACCESSIBLE HOUSING STOCK. IT WILL ALLOW PEOPLE TO FINALLY BE ABLE TO ACCESS THEIR RESTROOMS, NOT TO HAVE TO CRAWL UPSTAIRS TO GET IN THEIR HOMES, THINGS LIKE THAT. AND THEN ALSO WE WANT YOU TO FINISH THE WORK OF THE VOLUNTARY COMPLIANCE AGREEMENT THAT YOU HAVE WITH H.U.D. JUST BECAUSE THE FIVE YEARS WILL END SOON, DOESN'T MEAN THAT YOU HAVE NO RESPONSIBILITY TO CONTINUE THE WORK. YOU ARE STILL OBLIGATED TO US TO FINISH THAT WORK, TO MAKE SURE THAT HOUSING IN THE CITY THAT IS SUPPOSED TO BE ACCESSIBLE IS ACCESSIBLE. AND THEN GENERALLY SPEAKING, NEIGHBORHOOD HOUSING NEEDS TO HAVE MORE PROJECTS THAT SERVE PEOPLE BELOW 30% OF THE MEDIAN FAMILY INCOME. BECAUSE RIGHT NOW, WHAT YOU HAVE ARE SERVICES FOR MANY PEOPLE WHO ARE ABOVE -- AND I UNDERSTAND THAT YOU WANT TO SERVE AS MANY PEOPLE AS POSSIBLE, BUT ESPECIALLY NOW THAT WE ARE IN TOUGH BUDGET TIMES, THE POOREST PEOPLE IN THIS CITY ARE GOING TO FEEL THAT THE HARDEST. AND WE HAVE ALREADY AS A COMMUNITY SUFFERED A GREAT DEAL HAVING TO MAKE SACRIFICES FOR DECADES. HAVING TO NOT BE ABLE TO ACCESS THE RESTROOM HAS [BUZZER SOUNDING] FINANCIAL IMPLICATIONS FOR THE CITY BECAUSE IT TRANSLATES INTO THE PEOPLE GETTING SICK OFTEN. AND THAT -- YOUR HOUSING PROJECTS SHOULDN'T SEGREGATE PEOPLE WITH DISABILITIES. A LOT OF PEOPLE ARE STILL PUSHING FOR 811 HOUSING AND 202 HOUSING, WHICH IS HOUSING THAT'S BUILT SOLELY FOR THE PURPOSE OF HOUSING PEOPLE WITH DISABILITIES AND/OR THE ELDERLY. AND WHAT THAT DOES IS IT TAKES AWAY FROM THE COMMUNITY. WHAT THAT'S DONE TO US IS MAKE US, YOU KNOW, OBVIOUSLY IT'S SEGREGATED US AND LEFT US FROM BEING ABLE TO PARTICIPATE.

Mayor Garcia: JENNIFER, LET ME GIVE YOU SPARKEY'S TIME. IF YOU CAN GIVE HER TWO MINUTES AND 20 SECONDS.

OKAY. I WILL TRY TO WRAP IT UP REAL QUICK. AND I JUST WANTED TO LEGALITY YOU -- WANTED TO LET YOU KNOW THAT HAVING HEARD THE SPEAKERS AT THE PROCLAMATION CEREMONY, IT BROUGHT TO MIND THE FACT THAT AUSTIN WAS ALSO THE FIRST CITY IN THE STATE OF TEXAS TO HAVE A VISITABILITY ORDINANCE. AND IN CASE YOU DIDN'T KNOW, THEY HAVE ONE NOW IN SAN ANTONIO AND THEY ALSO HAVE ONE NOW IN LUBBOCK. SO WE EXPECT YOU NOT ASK YOU, BUT EXPECT YOU TO CONTINUE LEADING THIS FIGHT FOR ACCESSIBLE AFFORDABLE HOUSING AND THE REST OF THE CITY TO BE MADE ACCESSIBLE AS WELL. IT'S NOT JUST SIDEWALKS, IT'S NOT JUST HOUSING. WE WANT EVERYTHING THAT YOU GUYS TAKE FOR GRANTED ON A DAILY BASIS. I CAN'T TELL YOU ENOUGH HOW MUCH IT WOULD MEAN TO SEE THE CITY CONTINUE THIS, BECAUSE ACCESS CAN'T BE DONE RIGHT AWAY. I CAN'T WAVE A MAGIC WAND AND MAKE IT ACCESSIBLE. WE UNDERSTAND THAT IT TAKES A GREAT DEAL OF TIME AND EFFORT AND SACRIFICE. BUT WE ALSO UNDERSTAND THAT WE ARE ENTRUSTING YOU WITH OUR WORK, OUR LIVES AND OUR SAFETY. AND I EXPECT YOU TO UPHOLD JUSTICE IN THIS CASE. A LOT OF PEOPLE HAVE BEEN SEGREGATED AGAINST, HAVE FACED BIGOTRY, HAVE HAD A LOT OF -- HAVE HAD TO MAKE A LOT OF PHYSICAL SACRIFICES JUST TO BE A PART OF THE COMMUNITY. JUST TO BE WITH THEIR FAMILIES. JUST TO HAVE A FAMILY. SO DON'T FORGET THAT. DON'T FORGET THAT THIS IS A CIVIL RIGHTS ISSUE. THAT PEOPLE DIE WITHOUT THIS HOUSING BECAUSE THEY GET INSTITUTIONLIZED AND THEN WHEN PEOPLE GET INSTITUTIONLIZED THEY GIVE UP HOPE AND THEY DIE SOON AFTER. AND IT DOES -- IT DOES MAKE A HUGE DIFFERENCE IN PEOPLE'S LIVES TO HAVE TWO INCHES WIDER DOOR SPACE, TO HAVE A RAMP GOING INTO THEIR FRONT DOOR. IT MAKES A HUGE DIFFERENCE. IT SENDS A MESSAGE NOT ONLY TO PEOPLE THAT ARE DISABLED NOW, BUT THE YOUTH OF THE FUTURE, THAT AUSTIN APPRECIATES AND CONSIDERS ITS DISABLED PEOPLE AN ASSET TO THE COMMUNITY. WE DON'T SEE THAT ENOUGH. YOU DON'T SEE ENOUGH OF A STRONG COMMITMENT MADE TO PEOPLE WITH DISABILITIES IN GENERAL. YOU CAN GO ANYWHERE AND SEE BARRIERS TO INTEGRATION FOR US THAT WE FACE EVERY DAY. IT DOESN'T TAKE A GENIUS TO FIGURE OUT THAT THAT'S BIGOTRY. BUT IF YOU SET THE STANDARD, OTHERS WILL FOLLOW. YOU ARE THE LEADERSHIP. THIS IS A TIME NOT TO BE POLITICIANS, BUT TO BE LEADERS IN THE DISABILITY RIGHTS MOVEMENT. THANK YOU.

Mayor Garcia: THANK YOU VERY MUCH JENNIFER. COUNCILMEMBER SLUSHER?

Slusher: I JUST WANTED TO TELL HER THAT I THINK THAT YOU CAN COUNT ON THE CITY OF AUSTIN CONTINUING TO BE A LEADER IN THIS AREA MUCH BUT THE FACT OF YOU POINTING OUT THAT SAN ANTONIO AND LUBBOCK NOW HAVE ORDINANCES LIKE THAT AUSTIN WAS THE FIRST ONE TO PASS, I JUST WANT TO CONGRATULATE YOU BECAUSE YOU HAD AN AWFUL LOT TO DO WITH THAT AND YOUR GROUP AND THAT PEOPLE'S LIVES ARE BETTER NOW IN THOSE CITIES BECAUSE OF YOUR WORK, TOO. SO I JUST WANTED TO CONGRATULATE YOU.

THANK YOU, WE WERE VERY PROUD TO HEAR THAT THIS AFTERNOON. TODAY AUSTIN AND LUBBOCK, ATTORNEY THE REST OF THE COUNTRY, RIGHT? [ LAUGHTER ]

Mayor Garcia: GOT IT. [ APPLAUSE ]

Thomas: DURING PAUL HILLGER'S PRESENTATION TODAY, SOME OF HIS -- SOME OF THE THINGS YOU MENTIONED HE GUARANTEED TO PUT ON ABOUT THE HOUSING SITUATION AN MAKING SURE ONE DAY WE DO OUR AFFORDING HOUSING AND A.D.A. HOMES, MAKE SURE THAT THEY ARE INTEGRATED TO THE POINT THAT IT WON BE SEGREGATED.

I WANTED TO LET YOU KNOW REAL QUICK THAT CITY STAFF IS VERY ENTHUSIASTIC BOTH IN NEIGHBORHOOD HOUSING AND ALSO IN TPSD IN PROVIDING ACCESS AND WE APPRECIATE THAT. IT WASN'T ALWAYS THAT WAY. BUT NOW THAT WE ARE HERE WE WANT TO CONTINUE THE MOMENTUM AND YOU HAVE TO FUND THESE PROJECTS IN ORDER TO PUT THEM IN PLACE. THANKS.

Mayor Garcia: THANK YOU. MR. RIONAS. I CALLED YOUR NAME EARLIER, BUT --

DID YOU?

TYPICAL AGGIE, I WAS OUT OF THE ROOM. MY NAME IS FELIX, ALSO A MEMBER, I'M THEIR TOKEN TEJANO AGGIE. [ LAUGHTER ] I AGREE WITH EVERYTHING JENNIFER SAYS THERE. BUT DEFINITELY DO NOT WANT THE CITY TO GO OUT AND SPONSOR HOUSING PROJECTS THAT ARE GOING TO SEGREGATE US FROM ANYBODY ELSE. WE WOULD LIKE TO BE INTEGRATED SO IF YOU ALL -- IF YOU ALL WOULD NOT LIKE SPONSOR PROJECTS -- HOUSING PROJECTS THAT ARE ACTUALLY GOING TO SEGREGATE US. THAT WOULD BE GREAT. THANK YOU ALL SO MUCH.

Mayor Garcia: THANK YOU. ROD STUART. MR. ROD STUART. HE IS AGAINST YOUTH EMPLOYMENT PROGRAM BUDGET CUTS. TERRY ECTHERNOT. IS THAT CORRECT? IF NOT YOU CAN CORRECT ME. THAT'S MY GERMAN ORIGIN THAT HELPS ME WITH THIS PRONUNCIATION. [ LAUGHTER ] MY VISIT TO KOBLENSK ANYWAY. MR. KING WEBSTER AFTER YOU.

ECTERNOT IS CORRECT. I'M A COMMISSIONER ON THE AUSTIN'S MAYOR'S COMMITTEE FOR PEOPLE WITH DISABILITIES. BUT MOST IMPORTANTLY, MY DAY JOB IS WORKING FOR AUSTIN INDEPENDENT SCHOOL DISTRICT AND IT'S A DEPARTMENT CALLED SUPPORTED EMPLOYMENT. I JUST PASSED OUT A LETTER FROM RENEE BORDERS, WHO OUR DEPARTMENT AT AISD, TRYING TO GET SUPPORT FOR THE SUMMER YOUTH PROGRAM. NOW, I HAVE TO TELL YOU THAT I'VE BEEN ON THE FRONT LINE IN THE SUMMER YOUTH PROGRAM, I HAVE BEEN A JOB COACH FOR SEVERAL YEARS. FROM WITH THE -- WITH THE SUMMER YOUTH PROGRAM AND -- AND WE SPOKE WITH PARENTS TODAY AND WE -- I HAVE A -- IN MY NERVOUSNESS TO SPEAK UP HERE, I THINK THAT I PASSED IT OUT TO ONE OF YOU ALL. BUT WE SPOKE WITH PARENTS ABOUT THE SUMMER YOUTH PROGRAMS BUDGET CUTS AND THEY ARE ALL VERY -- VERY WORRIED BECAUSE THE SUMMER YOUTH PROGRAM FOR -- FOR PARTICULAR STUDENTS WITH DISABILITIES -- THAT'S -- HE'S SO GOOD. IT MAKES A BIG DIFFERENCE FOR THE YOUNGER STUDENTS WITH DISABILITIES TO GET A CHANCE AT EMPLOYMENT. I HAVE TO SAY I'VE SEEN SEVERAL STUDENTS GO THROUGH THE PROGRAM AND NOW ARE -- HAVE NON-TRADITIONAL PART-TIME JOBS OR FULL-TIME JOBS. ONE OF WHOM I HAVE TO BRAG ON. HE WAS IN A SUMMER YOUTH PROGRAM FOR THREE YEARS. HE NOW WORKS FOR THE STATE SENATE AS A MESSENGER. HE LEARNED WORK ETHICS, HE GOT A SENSE OF SELF WORTH AND CONTRIBUTION. THE SUMMER YOUTH PROGRAM IS SO VITAL TO THESE STUDENTS. AND WHAT I'M WORRIED ABOUT IS YOU SAY IT NOT GOING TO CHANGE, IT'S JUST SHIFTING PEOPLE AROUND. BUT THOSE STUDENTS WITH DISABILITIES NEED SUPPORT IN ORDER TO BE SUCCESSFUL. AND WE WANT THEM INTEGRATED WITH STUDENTS WITHOUT DISABILITIES. IF YOU SHIFT PEOPLE AROUND AND TAKE PEOPLE AWAY TO OTHER DEPARTMENTS, YOU HAVE LOWERED THE -- THE NUMBER OF STAFF TO STUDENTS, IT'S DEFINITELY GOING TO HURT THE QUALITY OF THE PROGRAM THAT WE HAVE ENJOYED THUS FAR. I GUESS THAT'S THE MAIN POINT THAT I WANT TO MAKE THIS EVENING, THAT -- THAT PLEASE KEEP IT THE WAY IT WAS LAST YEAR AND THIS YEAR BECAUSE IT A QUALITY PROGRAM, IT SERVES A LOT OF KIDS AND IT AN INVESTMENT IN OUR YOUNG ADULTS IN THE FUTURE FOR THEIR FUTURES.

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER SLUSHER?

Slusher: I'M SORRY, WERE YOU DONE?

YES. [BUZZER SOUNDING]

Slusher: THE SPEAKER HANDED OUT A LETTER FROM MS. BORDERS AT THE AUSTIN INDEPENDENT SCHOOL DISTRICT. MAKING A SIMILAR REQUEST. IT BEGINS THIS LETTER IS WRITTEN TO ENCOURAGE THE CITY COUNCIL TO RECONSIDER RESTORING THE CITY'S BUDGET AND STAFFING LEVELS IN NEXT YEAR'S PROPOSED BUDGET OR I GUESS THAT MEANS OF THE SUMMER YOUTH EMPLOYMENT PROGRAM TO ITS CURRENT LEVEL DURING 2002. MS. FUTRELL SPOKE TO THIS EARLIER. THIS CONCERNS ME COMING FROM ANOTHER TAXING ENTITY AND THAT WE TRY TO COOPERATE WITH AND SO I WOULD REALLY LIKE TO -- MS. FUTRELL TO ADDRESS THIS.

Futrell: ACTUALLY, IRONICALLY, AN AREA IN THE SUMMER YOUTH PROGRAM THAT HAS -- NOW, REMEMBER, FOUR YOUTH EMPLOYMENT PROGRAMS. SUMMER YOUTH IS ONE OF THOSE FOUR. WHEN EVERYONE IS TALKING ABOUT BUDGET CUTS, WHAT WE HAVE DONE IS COMBINED FOUR SEPARATE ADMINISTRATIVE STAFFS INTO A SINGLE CONSOLIDATED MANAGEMENT UNIT, THAT HAS DROPPED THE NUMBER OF PEOPLE ADMINISTERING THOSE RAMS FROM 13 TO 6. BUT BY PUTTING THEM TOGETHER, SO WE ARE NOT DUPLICATING IN EACH AREA, WE ARE COMMITTING TO SERVING AND PLACING EXACTLY, IN FACT SLIGHTLY MORE THAN THE NUMBER OF YOUTH THAT WERE SERVED THIS YEAR. FOR STUDENTS WITH DISABILITIES, YOUNG PEOPLE WITH DISABILITIES WE HAVE ENHANCED THE RESOURCES WITH A POSITION IN THE HUMAN RESOURCES DEPARTMENT THAT'S GOING TO COLLABORATE WITH ALL FOUR OF THESE PROGRAMS, INCLUDING SOME DOLLARS FOR ADAPTIVE TECHNOLOGY FOR STUDENTS WITH DISABILITIES THAT HAVE NEVER BEEN ON THE -- IN THE BUDGET BEFORE. IN PARTICULAR, ON THE SCHOOL PARTNERSHIP, BECAUSE WE KNEW WE HAD LIMITED FUNDS THIS YEAR, OUR EMPLOYEES LOOKED FOR A WAY TO PUT SWEAT EQUITY BACK INTO PARTICULARLY THE SCHOOL DISTRICT. WE HAVE NOW BETWEEN TWO AND THREE HUNDRED NEW MENTORS AND TIEWTD TORES GOING INTO -- TUTORS GOING INTO ALL OF THE LOW PERFORMING SCHOOLS IN AISD. AND PART OF THEIR COMMITMENT IN MENTORING AND TUTORING IS TO HELP WITH THE SUMMER YOUTH PROGRAM EMPLOYMENT PROGRAM AS WELL AS THE OTHER THREE PROGRAMS, IF ANYTHING, BUT CONSOLIDATING OUR STAFFING RATIOS IS GOING TO BE LARGER BETWEEN OUR VOLUNTEERS, OUR CONSOLIDATED SECTION AND THREE OTHER DEPARTMENTS THAT HAVE OFFERED RESOURCES TO HELP WITH THESE PROGRAMS. NOW IT'S TRUE. IT'S NOT GOING TO LOOK THE SAME AS IT DID LAST YEAR. THE A NEW WAY OF MANAGING AND ADMINISTERING THE PROGRAM.

RIGHT. I UNDERSTAND WHAT YOU ARE SAYING. AND I APPRECIATE IT. MY CONCERN IS BECAUSE I'VE WORKED IN THE SUMMER YOUTH PROGRAM, NOW, I WAS WORKING IN THE -- ALONGSIDE OF STUDENTS WITH DISABILITIES. BUT WE WERE ALSO IN JOBSITES WITH LARGE GROUPS OF STUDENTS WITHOUT DISABILITIES. THE PROBLEMS THAT I SAW, I DOUBT -- I I WANT TO BE RESPECTFUL HERE, BUT THERE WERE PROBLEMS WITH THE NUMBERS THAT WE ALREADY HAD. SOME OF THE STUDENTS NEEDED A LITTLE MORE DIRECTION THAN THEY WERE BEING GIVEN, EVEN WITH THE NUMBERS THAT WE HAD BEFORE. THAT'S MY CONCERN.

Futrell: JUST ONCE AGAIN, WE ARE ALSO AWARE OF THAT COMPLAINT BECAUSE AS YOU KNOW OUT OF THE 1166 STUDENTS THAT ARE PLACED THIS YEAR, THE LION'S SHARE OF THEM ARE PLACED IN CITY DEPARTMENTS. AND OUR DEPARTMENTS HAVE COMPLAINED. THAT'S PART OF THE REASON WE HAVE STRUCTURED IT THIS YEAR WITH A GREATER PARTNERSHIP WITH ALL OF THE OTHER DEPARTMENTS. TO ADD THAT KIND OF SUPERVISION TO IT. DIFFERENT THAN WE HAVE DONE IN PAST YEARS. SO WE HAVE AN IRONCLAD COMMITMENT FROM OUR POLICE DEPARTMENT, FROM OUR PARKS DEPARTMENT, FROM OUR H.R. DEPARTMENT. TO ADD RESOURCES. PLUS, OUR 200 TO 300 CITY MENTORS ARE ALSO GOING TO BE PARTICIPATING WITH US IN THIS. I KNOW IT DOESN'T LOOK THE SAME. I'M A LITTLE WORRIED THAT THIS DISCUSSION HAS REALLY BECOME ABOUT A PARTICULAR EMPLOYEE. AS OPPOSED TO A SERVICE DELIVERY MODEL AND HOW WE CAN MAKE IT MORE EFFICIENT AND POSSIBLY EVEN ENHANCE IT TO SERVE MORE KIDS. I GUESS THE BOTTOM LINE IS THE PROOF IS GOING TO BE IN THE PUDDING, YOU KNOW? WE WILL EITHER PRODUCE AND DELIVER OR WE WON'T. I GUESS WHAT WE ARE ASKING IS THAT WE BELIEVE WE CAN PRODUCE. IN FACT PRODUCE BETTER. AND WE ARE HOPING FOR THAT OPPORTUNITY TO SHOW WHAT WE CAN DO.

QUITE HONESTLY I DIDN'T KNOW ABOUT THE MENTORING PROGRAM, THAT SEEMS LIKE THAT WOULD BRING IT BACK UP OVER THE TOP FROM THE CONSOLIDATION.

Futrell: IT'S BRAD NEW, ACTUALLY. ALL OF OUR PEOPLE ARE GOING THROUGH TRAINING RIGHT NOW THEY ARE GOING TO BE HITTING THE STREETS IN ALL OF THE SCHOOLS IN THE NEXT MONTH. WE HAVE BEEN WORKING WITH THE CHAMBER AND THEIR PARTNERS IN EDUCATION PROGRAM AS WELL AS THE BLUE RIBBON SCHOOL, PRINCIPALS AND OTHERS IN PUTTING THIS TOGETHER.

THANK YOU.

SURE.

Slusher: MAYOR?

Mayor Garcia: COUNCILMEMBER SLUSHER?

Slusher: I WOULD JUST ASK THAT THE SCHOOL DISTRICT PLEASE BE RESPECTFUL AND CAREFUL IN PUTTING OUT INFORMATION AND MAKING ASSERTIONS ABOUT THE CITY -- THE -- IF THE CITY IS CUTTING SOMETHING. I PLAN TO SUPPORT MS. FUTRELL ENTIRELY ON THESE CHANGES. SHE'S TRYING TO MAKE -- SHE'S TRYING TO SERVE MORE KIDS AND I THINK -- I THINK IT'S POSSIBLE -- UNFAIR, I THINK -- IF IT DOES WORK LIKE SHE SAID IN HER REMARKS EARLIER TONIGHT, SHE WILL BE THE FIRST ONE TO COME BACK AND ADJUST IT NEXT YEAR. BUT MA'AM, I'M SORRY, I'M PROBABLY GOING ON TOO LONG. BUT I JUST THINK THAT'S IMPORTANT. TO KNOW THAT THE SCHOOL DISTRICT IS FACING A VERY TOUGH BUDGET YEAR. THEY ARE MAKING A SIGNIFICANT TAX INCREASE, THE CITY IS NOT INCREASING OUR TAX RATE. SO I WOULD JUST APPRECIATE IT IF THE SCHOOL DISTRICT WOULD BE REAL CAREFUL ABOUT THEIR FACTS AND ASSERTIONS THEY MAKE ABOUT THE CITY'S BUDGET. WE WILL DO THE SAME.

WELL, UNDERSTAND THAT RENEE BORDERS WROTE THAT LETTER ON BEHALF OF THE CONCERN THAT THE MAYOR'S -- AUSTIN MAYOR'S COMMITTEE HAD ABOUT THE BUDGET. SHE WROTE THAT REQUESTED BY RON AND ALL OF US WHO WERE CONCERNED ABOUT IT. AND SHE REPRESENTS THE SUPPORTED EMPLOYMENT DEPARTMENT.

Slusher: WELL, NUNS, I WOULD SAY THAT WE SHOULD ALL BE CAREFUL TO GET OUR FACTS STRAIGHT BEFORE WE MAKE ASSERTIONS LIKE THAT.

Mayor Garcia: KEN WEBSTER. MR. WEBSTER? AND YOU HAVE SIX MINUTES BECAUSE KATHRYN [INAUDIBLE] GAVE YOU THREE MINUTES.

I THINK I CAN DO IT IN THREE.

THANK YOU.

GOOD EVENING, MY NAME IS KEN WEBSTER, THE ARTISTIC DIRECTOR OF HYDE PARK THEATER. FIRST I WANT TO THANK THE COUNCIL FOR THEIR SUPPORT FOR THE PAST 10 YEARS. I'M HERE TO ADDRESS YOU TO -- ASK YOU TO ADDRESS A CATASTROPHIC CUT IN OUR FUNDING, 40%, WHICH HAPPENED ESSENTIALLY BY ACCIDENT AND WHICH WHICH WAS NEVER INTENDED BY THE THEATER PANEL. LET ME SAY FIRST THAT I UNDERSTAND THAT THE ARTS COMMISSION HAS 28% LESS FUNDING, WE ARE NOT ASKING FOR A RESTORATION OF LAST YEAR'S FUNDING LEVEL. ONLY FOR A CUT MORE IN LINE WITH THE OVERALL REDUCTION IN ARTS FUNDING. BRIEFLY, HERE'S WHAT HAPPENED. AT THEIR ALLOCATION HEARING THE THEATER PANEL STATED ON THE RECORD THAT THEY WERE GIVING US A 40% CUT BECAUSE THEY BELIEVED THAT THE ARTS COMMISSION WOULD USE THEIR ADDITIONAL FUNDS TO RAISE US BACK UP TO LAST YEAR'S LEVEL SINCE WE HAVE BEEN FUNDED FOR OVER 10 YEARS AND HAVE A GREAT TRACT RECORD. THAT'S HOW THE THEATER PANEL THAT DONE FOR SOME TIME. BUT THIS YEAR THEY WERE UNAIR WEAR THAT THE COMMISSION WOULD NOT HAVE THE MONEY TO RESTORE OUR FUNDING SO WE ARE TRAPPED WITH A CUT THAT THE THEATER PANEL NEVER INTENDED. AGAIN WE FULLY UNDERSTAND THESE ARE LEAN TIMES FOR ARTS FUNDING, BUT 40% IS A DEVASTATING CUT FOR YOU. IT'S NOT JUST A PROBLEM FOR HYDE PARK THEATER BUT FOR ALL OF THE GROUPS WHO USE US AS A RENTAL VENUE. FOR THE PAST 10 YEARS, WE HAVE BEEN ACKNOWLEDGED BY 39 CRITICS TABLE AWARDS, 22 BIDEN PAIN AWARDS. THREE THEATER COMMUNICATION GROUPS, NATIONAL ARTIST RESIDENCES, FEATURE ARTICLES IN AMERICAN THEATER AND YAIL'S THEATER MAGAZINE. BUT EVEN MORE IMPORTANT, A CUT IN OUR FUNDING WILL BE FELT BY OTHER ARTISTS AND OTHER ART GROUPS THROUGHOUT THE CITY BECAUSE THEATER VENUES ARE AT A PREMIUM, WE ARE ONE OF THE FEW AFFORDABLE TO INDEPENDENT PRODUCERS. WE HAVE BEEN THE HOME TO RUDE MECHANICALS, SALVAGE VANGUARD THEATER, IRON BELLY MUSES, REFRACTION ARTS PROJECT, HUNDREDS OF OTHER INDEPENDENT PRODUCERS AND MUSICIANS. I CANNOT EMPHASIZE ENOUGH THAT BY RAISING FUNDING FOR HYDE PARK THEATER TO A LESS DRASTIC CUT YOU WILL HELP MANY OTHER GROUPS AS WELL. FINALLY WHAT REALLY SETS US APART IS FRONT TERRA-FEST. FRONTERA FEST PROVIDES A SCREENVENUE FROM ARTISTS ALL AROUND THE CITY. ANY ARTIST WITH $40 CAN PARTICIPATE ON A FIRST COME FIRST SERVED BASIS. WHICH MAKES IT ESPECIALLY IMPORTANT TO ARTISTS MARGINALIZED DUE TO RACE, GENDER OR SEXUAL PREFERENCE. WE URGE THE COUNCIL TO BRING US UP TO 20% OF LAST YEAR'S LEVEL, BASICALLY AN INCREASE OF $10,000 OVER THE ARTS COMMISSION RECOMMENDATION. BY DOING SO YOU WILL HELP MANY OTHER ARTS GROUPS BESIDES HYDE PARK THEATER, AND ENSURE THAT FRONTERA FAST, THE LARGEST FRINGE FESTIVAL IN THE SOUTHWEST WILL CONTINUE. THANK YOU VERY MUCH FOR YOUR TIME AND ATTENTION. [ APPLAUSE ]

Slusher: MR. WEBSTER -- I'M SORRY, I THOUGHT YOU HAD CALLED ON ME. I WANT YOU TO REPEAT BACK WHAT YOU SAID. THE THEATER PANEL HAS -- MONTH THAN THIS YEAR GIVEN YOU A CONSIDERABLE LOWER RECOMMENDATION THAN THEY WANTED YOU TO GET SO THAT BECAUSE THEY KNEW THE ARTS COMMISSION HAD MORE MONEY AND THEY WOULD RESTORE YOU.

THEY HAVE DONE IT TO US TWICE. AND THEY SAID SO ON THE RECORD THAT THEY WERE DOING IT THIS YEAR, FIGURING THAT THE ARTS COMMISSION WOULD BUMP US UP TO IF NOT LAST YEAR'S LEVEL, TO NO LESS THAN A 10% CUT. THAT'S WHAT THEY SAID ON THE RECORD AT THE ALLOCATION MEETING. THEY HAVE DONE IT WITH OTHER -- THEY HAVE DONE IT WITH OTHER GROUPS AS WELL, BUT AS FAR AS HYDE PARK THEATER IS CONCERNED THE ONLY TIME THAT I KNOW OF WAS LAST YEAR AND THIS YEAR.

Slusher: WHAT'S TO BE GAINED BY THAT?

THEY HAVE A FINITE NUMBER OF DOLLARS TO DEAL WITH AND I GUESS THEY INSTEAD OF CUTTING SOME NEWER GROUPS, THEY I GUESS THEY THOUGHT THEY COULD GET AROUND THE SMALL AMOUNT OF PIE THAT THEY HAD TO DIVVY UP BYPASSING OFF SOME OF THE DECISION MAKING TO THE ARTS COMMISSION.

Slusher: OKAY. THANK YOU, MR. WEBSTER. CITY MANAGER, I WOULD LIKE TO HAVE A REPORT BACK ON THAT BECAUSE I -- I WOULD LIKE TO SEE ANY GROUP THAT'S OPERATING ON BEHALF OF THE CITY TO DO COMPLETE JOB AND IF THEY ARE ALLOCATING FUNDS TO DO, TO ALLOCATE FUNDS THEY ARE HAVING NOT COUNT ON IT BEING BAILED OUT OR BY -- BY ANOTHER GROUP RANK AND -- RANKING ABOVE THEM. IF THAT'S THE WAY THIS IS WORKING, I WOULD LIKE TO HEAR A REPORT BACK AND TRY TO GET THAT FIXED.

Futrell: HONESTLY, THIS IS ONE THAT I'M ALMOST AFRAID TO MAKE A STATEMENT ON. I MEAN, WE ALL KNOW THAT THE ARTS --

Slusher: I WAS AFRAID TO ASK. RELUCTANT TO ASK.

Futrell: IT'S BEEN VERY CONTROVERSIAL. WHAT IS TRUE IS THAT WE HAVE ABOUT 20% LESS FUNDS BECAUSE OF THE REDUCTION IN BED TAX. FOR THIS. I'M NOT SURE THAT I KNOW ENOUGH ABOUT THE METHODOLOGY THAT WAS USED TO MAKE THE ALLOCATIONS, BUT IT LOOKS LIKE ROSEMARY MAY BE ABLE TO ASSIST IN THIS.

IT SEEMS TO ME, WELL, THERE WAS SOME PROBLEMS IN THE ARTS AND RECREATION WHEN THEY DID THE APPEALS AND I'VE GOT A COUPLE A BOARD MEMBERS ON THE PARKS BOARD THAT ARE VERY CONCERNED ABOUT THAT AND FELT THAT THERE WERE A LOT OF TENSIONS THAT NEEDED TO BE. SEEMS TO ME LIKE THERE'S A NEED, I REMEMBER SITTING THERE THE FIRST TIME WHEN THEY CAME UP THERE WITH A -- WITH THE IDEAS AND HOW -- THOUSAND TO DO THOSE FUNDS AND THERE'S BEEN PROBLEMS EVER SINCE. I THINK IT'S BEEN 15 YEARS. SO MAYBE IT'S TIME TO LOOK AT SOME OF THIS A LITTLE BIT MORE.

Futrell: I KNOW THAT BECAUSE OF THE MAYOR PRO TEM'S EFFORT --

I THOUGHT JACKIE, I THOUGHT YOU HAD --

Goodman: YEAH --

DONE THAT -- [MULTIPLE VOICES]

Goodman: MAYOR?

GO AHEAD.

Goodman: THE CONSULTANT -- LAST YEAR WE WENT THROUGH A LOT OF ANGST AND AGONY, HERE IN PUBLIC, ALL OF US DID BECAUSE OF SOME OF THE PROCESSES AND ALLOCATIONS THAT WERE NOT UNDERSTANDABLE TO THOSE OF US WHO THOUGHT WE HAD UNDERSTOOD THE PROCESS.

EXACTLY.

Goodman: AND DIDN'T UNDERSTAND WHAT THE PROCESS HAD SORT OF BECOME OUT OF TRADITION AND HABIT AS OPPOSED TO WHAT WE THOUGHT WAS KIND OF WRITTEN DOWN. SO IF POSSIBLE, THE PROCESS HAS BECOME WORSE THIS YEAR THAN IT WAS LAST YEAR, WHICH I DIDN'T WAS POSSIBLE WHICH -- I DIDN'T THINK WAS POSSIBLE. WHICH WAS THE REASON WE ALLOCATED FUNDS FOR A CONSULTANT TO HELP US REVAMP THE WHOLE PROCESS. OUR WHOLE CONCEPT OF CREATIVE AND INTELLECTUAL INDUSTRY AND ECONOMIC IMPACT AND SUPPORT, THAT IS PART OF OUR BACKBONE. SO COUNCILMEMBER ALVAREZ'S OFFICE, COUNCILMEMBER DUNKERLY'S OFFICE, MY OFFICE, ARE TRYING TO WORK ON MAKING THIS A YEAR FAIR -- A YEAR OF FAIR AND REPRESENTATIONAL FUNDING. THE PROBLEM IS APPARENTLY NOBODY MENTIONED TO THE PANEL THAT NOBODY HAD BUMPED -- COULD BUMP ANYBODY UP BECAUSE THERE IS NO MONEY. THERE WAS AN ECONOMIC DOWNTURN AND THEN AFTER SEPTEMBER 11TH PEOPLE WERE NOT TRAVELLING AND THAT'S WHERE WE GET OUR FUNDING FOR THIS PROGRAM. I'M SORRY THAT THEY WERE UNAWARE OF ALL OF THOSE THINGS HAPPENING. BUT WE ARE GOING TO DO OUR BEST --

MOST FORTUNATE, I DID NOT, UNTIL SOMEBODY JUST SAID IT A MINUTE AGO, THAT WE WEREN'T -- THEY WERE LESS, THE FUNDS WERE LESS THIS YEAR. AND SO I'M -- I'M GLAD TO HEAR THAT SOMEBODY IS WORKING ON IT. I JUST HEAR IT -- IT ISN'T THAT I HAVE ANYTHING THAT I CAN DO ANYTHING ABOUT IT AS PARKS BOARD. BUT -- WE WILL SEE. ANYWAY, I HAVE COME TO PRAISE. I HAVE -- I TRULY HAVE -- DID YOU HAVE SOME QUESTIONS? DID YOU WANT TO -- I'M SORRY.

Mayor Garcia: YOU ARE NEXT.

THAT'S WHAT I WAS THINKING. [ LAUGHTER ]

I DON'T KNOW IF ANYBODY GAVE YOU TIME, BUT --

NO, THAT'S ALL RIGHT. I THINK THAT I AM PROBABLY THE ONLY PERSON HERE FROM THE PARKS BOARD, HOPEFULLY THAT -- OR AT LEAST I DON'T KNOW IF THERE ARE OTHERS ON PARK OR NOT. I HAVE COME TO PRAISE. I HAVE -- FIRST TIME THAT OUR DIRECTOR JESUS OLIVERES CAME ON AND TALKED ABOUT SOMETHING IS GETTING READY TO HAPPEN, WE ARE HAVING TO CUT AND CUT AND I'M GOING, I ALMOST CRIED IN PARKS BOARD MEETING. AND HE HAS BEEN TALKING TO US AND HAS GIVEN US MANY, MANY IDEAS OF WHAT IS GETTING READY TO HAPPEN. AND I AM VERY EXCITED ABOUT THE FACT THAT WE ARE NOT GOING TO BE LOSING OUR PEOPLE. AND THEN I WENT TO A MEETING WITH OUR -- YOUR WONDERFUL CITY MANAGER, TOBY FUTRELL, I WAS SO IMPRESSED AND TWO OF MY OTHER BOARD MEMBERS WERE THERE AND WERE BLOWN OUT OF THEIR CHAIRS, SAYING THAT THIS IS WHAT YOU ALL HAVE NEEDED FOR THIS YEAR, VERY, VERY MUCH. I WISH THAT I COULD SAY THAT I WANT TO SIT HERE AND -- I COULD HAVE A MILLION THINGS THAT I WOULD LOVE TO SEE YOU EXPAND. BUT THAT'S BESIDE THE POINT AND I COULD BRING UP MY NASTY LITTLE HINT. I KEEP SAYING THAT OTHER PLACES HAVE THEM IT IS CALLED A PARK MAINTENANCE FEE. BUT WE CAN TALK ABOUT THAT. MANY YEARS FROM NOW -- I CAN SEE PEOPLE RAISE UP OUT OF IT. WHAT I WOULD LIKE TO DO IS REALLY PUSH ON SOMETHING AND I THINK THE LIBRARY AND I THINK MANY OF THESE, EVEN THE ARTS COMMITTEES, COMMISSION, THE ART PROGRAMS, THE LIBRARIES, THERE IS THIS LITTLE THING THAT WE HAVE STARTED AT -- AT THE PARKS DEPARTMENT AND IT IS CALLED ADOPT A PARK. BUT IT IS ALL -- IN THE WORLD THAT IT IS, IS LEVERAGING. AND I DON'T KNOW OF ANY DEPARTMENT IN THIS CITY THAT DOES A BETTER JOB OF LEVERAGING AND WE KEEP TRACK OF IT. AND WE HAVE OFTEN WONDERED IF WE TOLD EVERYBODY HOW MUCH WE LEVERAGED COMPARED -- COMPARATIVE, YOU ALL KNEW THAT, YOU WOULD PROBABLY NEVER GIVE US ANOTHER PENNY. BUT YOU WOULD THINK THAT WE CAN DO THIS ON OUR OWN. BUT WHEN YOU CAN GO OUT AND ARE DIRECTOR OR SUPERVISOR OF A REC CENTER OR LOOK AT THE TRAIL OF LIGHTS, LOOK AT THOSE KINDS OF THINGS THAT TIME HAS GIVEN, MONEY IS GIVEN, IT'S CALLED LEVERAGING. AND IT HAS WORKED IN -- IT IS PROBABLY THE ONLY THING THAT I KNOW OF THAT -- THAT HAS SAVED THE DEPARTMENT. WE NEED TO LET PEOPLE IN THIS CITY UNDERSTAND THAT IF YOU ARE GOING TO WALK ON A TRAIL, GUYS, DON'T THROW YOUR TRASH IN THERE -- IN THE LAKE. DON'T DO THESE THINGS. PICK IT UP. OR BECOME A PART [BUZZER SOUNDING] OF A -- OF A PROGRAM THAT DOES THAT KIND OF WORK.

Mayor Garcia: THANK YOU, ROSEMARY. CINDY HARPER. CINDY, WELCOME. FOLLOWING CYNTHIA LOURISH SMITH. SHE DOESN'T WISH TO SPEAK. GREG LADISH DOESN'T WISH TO SPEAK, IN FAVOR OF LIBRARY FUNDING. AND MS. MARTINEZ McKAY WOULD BE FOLLOWING YOU.

THANK YOU VERY MUCH, GOOD EVENING, MAYOR GARCIA, COUNCILMEMBERS AND CITY MANAGER. MY NAME AGAIN IS CINDY HARBUCK I'M HERE TO TALK TO YOU ABOUT THE PROPOSED BUDGET CUTS FOR THE SUMMER YOUTH EMPLOYMENT PROGRAM. MY DAUGHTER IS MELISSA HARBUCK A HIGH SCHOOL STUDENT AT CROCKETT HIGH SCHOOL. SHE'S PARTICIPATED IN THE SUMMER YOUTH PROGRAM FOR THREE SUMMERS. SHE'S A YOUNG PERSON WITH SPECIAL NEEDS. AND THIS PROGRAM HAS ENABLED HER TO GET REALISTIC JOB EXPERIENCE THAT SHE JUST HAS TO HAVE TO BE ABLE TO BE SUCCESSFUL IN THE COMMUNITY. AND SHE'S NOT 19 NOW. SO SHE'S NOT GOING TO BE LONG BEFORE SHE'S GOING TO BE A PART OF THIS COMMUNITY. AND THIS PROGRAM HAS REALLY GIVEN HER A WAY TO LEARN TO WORK WITH OTHER COMMUNITY MEMBERS, OTHER THAN OTHER KIDS AND SPECIAL EDUCATION TEACHERS AND THAT'S USUALLY WHAT SHE'S AROUND. SO THIS IS A GREAT WAY SHE CAN BE WITH HER PEERS AND LEARN TO TAKE DIRECTION FROM OTHER ADULTS THAT ARE NOT SPECIAL EDUCATION TEACHERS. IT'S THE REAL WORLD FOR HER. AND THIS PROGRAM IS JUST ABOUT ONE OF THE ONLY OPPORTUNITIES THAT SHE HAS TO BE ABLE TO DO THAT. SO IT VERY IMPORTANT TO HER. IT'S VERY IMPORTANT TO ME FOR THAT REASON. WHEN I WAS ADVISED ABOUT THIS PROPOSED BUDGET CUT, AND THE ONE F.T.E. POSITION THAT WAS GOING TO BE CUT, IT REALLY CONCERNS ME THAT IT WOULD MAKE THE NUMBER OF KIDS THAT CAN BE HELPED DRASTICALLY CUT. THE NOBODY WOULD BE DRASTICALLY CUT. SO WHEN YOU SAY THAT THAT WON'T HAPPEN, I'M GOING TO HOLD YOU TO THAT. THERE'S A LOT OF KIDS THAT NEED GUIDANCE TO A BETTER PATH THAN THEY ARE ON. THIS PROGRAM IS THAT -- IS A GOOD WAY TO SHOW THEM THAT THERE'S A BETTER PATH TO BE ON THAN WHAT THEY ARE. IT'S A GOOD WAY TO SHOW THEM THAT PEOPLE IN THE COMMUNITY AND POTENTIAL EMPLOYERS CARE ABOUT THEM. I'M GOING TO HOLD YOU TO THAT ONCE AGAIN, THEY NEED THIS OPPORTUNITY AND THEY NEED THAT PROGRAM TO BE THERE. AND IT CAN'T BE THERE IF YOU DON'T FUND IT CORRECTLY. SO WITH THAT IN MIND I WOULD STRONGLY URGE TO KEEP THE CURRENT FUNDING, KEEP THE POSITIONS THAT ARE THERE, THIS PROGRAM HAS A PROVEN TRACK RECORD. A LOT OF THESE PEOPLE OUT HERE WORKED IN THE PROGRAM A LOT LONGER THAN I HAVE BEEN AROUND IT. AND I'M PLACE -- I'VE PLACED A LOT OF FAITH IN WHAT THEY SAY HAS WORKED. I KNOW KIDS THAT HAVE BEEN THROUGH THE PROGRAM AND IT'S WORKED. PEOPLE THAT ARE WORKING IN THE PROGRAM NOW AS LIAISONS HAVE BEEN THROUGH THE PROGRAM, IT WORKS LIKE -- JUST LIKE IT IS. AND I WOULD APPRECIATE THE FUNDING STAYING THE SAME. BECAUSE I TRUSTED THE WAY THAT IT IS. [BUZZER SOUNDING] THANK YOU VERY MUCH FOR YOUR ATTENTION.

Mayor Garcia: TELL ME AGAIN, WHO TOLD YOU THAT WE WERE GOING TO CUT YOUTH, SUMMER YOUTH EMPLOYMENT PROGRAM?

THE INFORMATION --

Mayor Garcia: WHERE DID YOU HEAR THAT?

THE INFORMATION WAS GIVEN TO ME FROM THE PROGRAM, FROM THE PROGRAM WHERE MY DAUGHTER WORKED.

Mayor Garcia: WELL, THAT'S NOT TRUE.

I HOPE NOT.

THAT'S NOT TRUE.

I HOPE TO SEE THE PROGRAM BE BIGGER AND BETTER AND STRONGER BECAUSE THAT'S WHAT THE KIDS NEED.

Mayor Garcia: THE CITY'S PROGRAM IS FUNDED TO MAINTAIN IT AT THE SAME LEVEL.

IF IT NOT YOU WILL HEAR FROM ME AGAIN NEXT YEAR.

Mayor Garcia: THANK YOU.

Futrell: CINDY, I'M GOING TO HOLD MYSELF TO IT AS WELL AS YOU HOLD ME TO IT. OUR COMMITMENT IS THAT IF WE CAN'T PRODUCE I WILL BE THE FIRST ONE SAYING LET'S GO BACK TO ANOTHER SYSTEM. BUT I BELIEVE I'M GOING TO BE ABLE TO SHOW YOU THAT WITH THE NEW SYSTEM, WE WILL BE ABLE TO SERVE NOT JUST THE SAME, BUT POSSIBLY MORE. AND IN PARTICULAR FOR CHILDREN WITH SPECIAL NEEDS WE HAVE ENHANCED THE ABILITY TO INTEGRATE THEM INTO THE PROGRAM. I BELIEVE WE ARE GOING TO SERVE SIGNIFICANTLY MORE KIDS WITH DISABILITIES THAN WE HAVE BEEN IN THE PAST.

[INAUDIBLE - NO MIC]

Mayor Garcia: THANK YOU VERY MUCH.

Goodman: MA'AM -- MAYOR?

Mayor Garcia: MAYOR PRO TEM?

Goodman: WHILE THAT PERSON IS COMING UP, I KNOW THAT TOBY IS GETTING TIRED OF SAYING THIS, BUT I THINK MAYBE ONE MORE TIME BEFORE WE ALL GO HOME. WHAIB WHAT LISTENERS NEED TO KNOW -- MAYBE WHAT LISTENERS NEED TO KNOW THAT WHOEVER THE EMPLOYEE WAS WHO MISUNDERSTOOD AND TOLD EVERYBODY OR OTHER EMPLOYEES, I DON'T KNOW, THAT IS NOT THE EMPLOYEE WHO MAKES THE DECISION. THE CITY MANAGER IS THE ONE, IF SHE TELLS YOU THAT SHE'S GOING TO DO SOMETHING, SHE'S THE ONE IN CHARGE AND SHE'S GOING TO DO IT. THERE'S NEVER BEEN A QUESTION OF CUTS. THE ASSUMPTION HAS NEVER COME UP. -- THE SUBJECT HAS NEVER COME UP FROM THE VERY BEGINNING. WE HAVE ALL SAID THAT WE WERE GOING TO DO WHATEVER WE HAD TO DO AT THAT TIME WE THOUGHT WE MIGHT EVEN NEED A LITTLE BIT OF A TAX INCREASE, WE MANAGED NOT TO DO THAT, TO KEEP EVERYTHING WHOLE. IT REMAINS WHOLE. THERE HAS NEVER IN ALL THAT TIME BEEN ANY SUGGESTION OR ANY QUESTION ABOUT CUTTING AND YET THERE ARE THE ACCUSATIONS AND ASSERTIONS TO HOLD MS. FUTRELL'S FEET TO THE FIRE, SO TO SPEAK. WELL, SHE DOESN'T LIE. SHE RUNS THE CITY AND IF SHE SAYS IT'S GOING TO HAPPEN, IT'S GOING TO HAPPEN. AND SO I WOULD HOPE THAT PEOPLE UNDERSTOOD THE REASON THAT WE THOUGHT SHE WOULD BE A GOOD CITY MANAGER IS BECAUSE THERE IS NO QUESTION WHEN SHE TELLS YOU SOMETHING, SHE MAKES IT HAPPEN.

Mayor Garcia: LET ME SAY THAT ONE OF THE THINGS THAT SHE DID WAS THAT SHE CONSOLIDATED SOME PROGRAMS BECAUSE WE HAVE SOME DUPLICATION IN STAFF. BUT NOT CUTTING ANY OF THE POSITIONS IN THE YOUTH EMPLOYMENT PROGRAM. AND THAT WAS, YOU KNOW, WHAT SHE SAID EARLIER. WE HAD SOME INEFFICIENCIES THAT NEEDED TO BE ADDRESSED. MAYBE SOME OF THE PEOPLE THAT WERE SUPERVISORS THAT ARE NO LONGER SUPERVISORS MAY NOT BE HAPPY WITH WHAT HAPPENED. BUT THE FOCUS WAS TO KEEP THE PROGRAMS, THE PEOPLE THAT WERE RECEIVING THE SERVICE, AT THE SAME LEVEL AND IF WE COULD DO IT IN A MORE COORDINATED WAY, YOU KNOW, WE WANTED TO DO IT. THAT'S WHAT WE DID. MS. MARTINEZ McKAY. MOTION PASSED BY LIBRARY COMMISSION IN THE -- IN LIGHT OF THE CURRENT ECONOMIC SITUATION, LIBRARY COMMISSIONERS THANKS THE COUNCIL FOR THEIR SUPPORT. THE PROPOSED LIBRARY BUDGET AND APPRECIATES THE RESTORATION OF OPERATING HOURS. THE COMMISSION LOOKS FORWARD TO FUTURE IMPROVEMENTS IN REVENUE AND A RETURN TO LIBRARY SUPPORT GROUP'S VISION OF A PREMIER LIBRARY SERVICE IN OUR CITY. THANK YOU. THAT'S ANOTHER INSTANCE WHERE THE WORD GOT OUT THAT WE WERE GOING TO CUT HIEB BREAKER HOURS AND -- LIBRARY HOURS AND THAT'S NOT THE CASE. MR. AL SIMMONS. NOT WISHING TO SPEAK, BUT IN FAVOR OF THE LIBRARY BUDGET. SUSAN REED NOT WISHING TO SPEAK, WANTS TO THANK COUNCIL FOR RESTORING FUNDING FOR FULL BRANCH LIBRARY HOURS, FOR CONTINUING TO BUILD OUT FOR THE 1998 BOND ISSUE. ANN PALMER, THE COUNCIL DIDN'T RESTORE IT. I THINK THE BUDGET WAS ALWAYS, YOU KNOW, CONTEMPLATING KEEPING THOSE LIBRARY HOURS. ED PALMER -- ANN PALMER NOT WISHING TO SPEAK, IN FAVOR, DOESN'T SAY WHAT SHE IS IN FAVOR OF. PHILLIP KEEL. PHILLIP KEEL, NOT WISHING TO SPEAK IN FAVOR OF, I THINK LIBRARY FUNDING. JOHN MICHAEL CORTEZ, WELCOME, MR. CORTEZ. FOLLOWING MR. JOHN MICHAEL CORTEZ, IS PAM WADE.

GOOD EVENING. GOOD EVENING, I KNOW IT'S GETTING LATE, SO I WILL ENDEAVOR TO BE BRIEF. MY NAME IS JOHN MICHAEL CORTEZ, I HAVE THE PLEASURE OF SERVING ON THE BOARD OF DIRECTORS FOR THE FRIENDS OF THE AUSTIN PUBLIC LIBRARY, ALSO A FIRST VICE-PRESIDENT OF THE AUSTIN HISTORY CENTER ASSOCIATION AND FOR THE LAST COUPLE OF YEARS I GLADLY PARTICIPATED ON THE MAYOR'S LIBRARIES FOR THE FUTURE TASK FORCE. AT THE RISK OF BEING A BIT REPETITIVE, I DO WANT TO BEGIN BY COMMENDING THE CITY MANAGEMENT ON THE INCREDIBLE JOB THAT YOU HAVE DONE ON BALANCING THE NEEDS OF OUR COMMUNITY WITH THE FINANCIAL STRUGGLES THAT HAVE BESET US ALL, TO GIVE SOME ADDITIONAL ACCOLADES TO BRENDA BRANCH, TOM MORE RAN, ALL OF THE GREAT FOLKS AT THE LIBRARY ADMINISTRATION WHO HAVE FOR FAR TOO MANY YEARS STRETCHED RESOURCES BEYOND CONVENTIONAL EXPECTATIONS AND CONSTANTLY REENGINEERING PROCESSES TO BE ABLE TO DELIVER THE INCREDIBLE SERVICE THAT THEY DO PROVIDE WITH SUCH LIMITED MEANS. AN ADDITIONAL THANKS TO THE CITY COUNCIL FOR ITS CONSTANT COMMITMENT TO OUR LIBRARIES. IT SEEMS EVIDENT THAT THIS COUNCIL DOES FULLY REALIZE THAT AUSTIN'S HOPE FOR CONTINUED PROSPERITY HINGES ON OUR CONTINUED DEVELOPMENT OF OUR COMMUNITY'S INTELLECTUAL CAPACITY. LIFE-LONG LEARNING IS NOT A CONCEPT THAT SHOULD BE JUST DESIRED, BUT IT'S A NECESSITY. IT'S VERY CRITICAL TO THE ONGOING DEVELOPMENT OF OUR COMMUNITY. IT IS ONLY THROUGH A STRONG PUBLIC LIBRARY SYSTEM THAT ALL CITIZENS WILL HAVE THE MEANS AND THE WHEREWITHAL TO PARTICIPATE FULLY IN OUR NEW ECONOMY AND OUR NEW CULTURE. SO ONCE AGAIN, THANK YOU FOR YOUR PARENT RECOGNITION OF THAT FACT. THE PROPOSAL TO -- MAYBE MY WORD IS WRONG HERE, BUT TO RESTORE LIBRARY HOURS AND THE BOOK BUDGET AND ALSO TO INVEST IN VERY CRITICALLY NEEDED NEW FACILITIES IS NOT ONLY VERY MUCH APPRECIATED BUT IT'S VERY NECESSARY. HOWEVER, IN RESTORING THOSE HOURS, WHICH ONCE AGAIN IS -- IS AMAZINGLY CRITICAL TO THE COMMUNITY, I DO BEG YOU ALL TO CONSIDER ALLOWING THE AUSTIN HISTORY CENTER TO REMAIN CLOSED TO THE PUBLIC ON FRIDAYS. THIS WOULD ALLOW THE DEDICATED HISTORY CENTER STAFF TO FOCUS AT LEAST ONE DAY OUT OF THE WEEK ON THE MONUMENTAL AMOUNT OF ITEMS THAT NEED TO BE PROCESSED, INDEXED AND CATALOGED FOR THE FURTHER DEVELOPMENT OF OUR COMMUNITY'S COLLECTIVE MEMORY. PERMITTING THIS WOULD NOT COST YOU ANY ADDITIONAL DOLLARS, THE FUNDS ARE PRECIOUS OBVIOUSLY THIS YEAR. AND WHILE UNFORTUNATELY IT WOULD REDUCE THE NUMBER OF HOURS, REDUCE ONE DAY THE NUMBER OF HOURS THAT DIRECT SERVICES COULD BE PROVIDED TO THE PUBLIC, IT WOULD ALLOW THE HISTORY CENTER STAFF TO BETTER PROVIDE THOSE SERVICES ON THE OTHER SIX DAYS OF THE WEEK THAT IT IS OPEN. AND FOR THOSE OF YOU WHO -- EVERYBODY I'M SURE HERE IS FAMILIAR WITH THE HISTORY CENTER, BUT IF YOU -- IF YOU COULD COME AND TAKE A TOUR, I THINK THAT YOU COULD UNDERSTAND AND WE WOULD LOVE TO INVITE YOU ALL ON A TOUR OF THE HISTORY CENTER. BUT I THINK THAT THAT YOU COULD UNDERSTAND THE REAL NEED IT THERE FOR THE STAFF TO FOCUS ON PROCESSING THOSE BACKLOGS, IN THANKING YOU THIS EVENING, I WOULD BE REMISS IF I DIDN'T REMINDS YOU ALL LIKE OUR GOOD FRIEND DAVE SHAW, IN MORE PROCESS PERROUS -- PROSPEROUS TIMES WE WILL DEMAND BY THE COMMUNITY AS A WHOLE IN FURTHERING DEVELOPING OUR LIBRARY SYSTEM TO ONE THAT TRULY REFLECTS IN MY OPINION THE GREATEST CITY IN THE GREATEST STATE IN THE WORLD. THANK YOU AGAIN FOR YOUR COMMITMENT TO OUR LIBRARIES, PLEASE DO CONSIDER ALLOWING THE HISTORY CENTER TO REMAIN CLOSED ON FRIDAYS. THANKS AGAIN TO ALL OF YOU FOR YOUR COMMITMENT TO OUR COMMUNITY.

MR. CHAPA THE CLOCK IS NOT RUNNING. STATED THREE MINUTES, I HAVE GIVE HIM THE TIME THAT MR. CORE -- STATED THREE MANUSCRIPT ALL DURING THE TIME MR. CORTEZ SPOKE. MS. WADE HAS SIX MINUTES BECAUSE CAROL MARSHAL HAS GIVEN HER THREE MINUTES. MS. WADE, WELCOME. I WOULD JUST LIKE TO SAY GOOD EVENING. I AM HERE AS WELL ABOUT CONCERNS OF SUMMER YOUTH EMPLOYMENT. I HEAR WHAT YOU ARE SAYING, ABOUT THE CONSOLIDATION, I HAVE SOME PROBLEMS WITH THE CONSOLIDATION AND I HAVE SOME PROBLEMS WITH THE WAY THAT THINGS ARE GOING RIGHT NOW. AND I AM HERE ON BEHALF OF THE NAACP, I'M ON THE EXECUTIVE BOARD, AS WELL AS ANTIOCH BAPTIST CHURCH. THIS IS A JOB SHARE PROGRAM SUMMER YOUTH EMPLOYMENT. WE HAD EIGHT CHURCHES THAT WE MET WITH LAST WEEK. THEY WOULD HAVE BEEN HERE BY THE WAY. I KNOW THAT YOU SAID THAT YOU WERE A BIT CONCERNED ABOUT THE NUMBER OF PEOPLE CITY MANAGER. BUT THEY WERE TOLD THIS WASN'T GOING TO BE ON THE AGENDA TONIGHT. I AM CONCERNED BECAUSE YOU SAY THAT YOU ARE CONSOLIDATING. THERE WERE 13 POSITIONS VERSUS THE SIX. SO I HAVE A PROBLEM WITH THAT. IF YOU ARE NOT CUTTING, WHERE ARE THOSE OTHER SIX POSITIONS GOING? SUMMER YOUTHNO CARRIERRINGCONNECT 1200Q=En [TECHNICAL PROBLEMS, PLEASE STAND BY]

I'M A BIT UPSET, YOU MAKE US LOOK AS THOSE WE'RE IDIOTS. I AM NOT AN IDIOT. I HAVE BEEN IN THIS PROGRAM FOR SEVEN YEARS AS A TRAINER. AS A VOLUNTEER COUNSELOR, I VOLUNTEERED MY TIME FOR SEVEN YEARS. WHEN KIDS COME AND SAY, MS. WADE, CAN WE GET A JOB THIS SUMMER? AND THEN THAT MOTIVATES ME TO HELP TO TRAIN AGAIN AND AGAIN. AND I'M GOING TO BE HERE AND I'M GOING TO AND HIS IN THE PROGRAM. AS LONG AS NEED BE. YOU TALK ABOUT THE BLUEPRINT SCHOOLS. THOSE SCHOOLS ARE AT THE ELEMENTARY LEVEL. THE MAJORITY OF THEM. WE NEED PEOPLE THAT CAN WORK WITH OUR TEENAGERS. NOT EVERYBODY CAN WORK WITH TEENAGERS. NOT EVERYBODY WANTS TO WORK WITH TEENAGERS. THE INDIVIDUAL THAT'S THERE NOW IS DOING A UNIQUE BEAUTIFUL JOB. I WOULD ASK COUNCIL TO PLEASE ASK CITY MANAGER, ASSISTANCE CITY MANAGER, AS WELL AS THE DIRECTORS THAT MADE THIS DECISION TO PLEASE RECONSIDER. YOU CAN'T MAKE ME ANY PROMISES, BECAUSE YOU CAN'T PROMISE WHAT YOU ARE THREATENING TO DO IS GOING TO WORK. NO ONE ON THIS COUNCIL KNOWS THAT. INCLUDING OUR CITY MANAGER. GAMBLING IS NOT SOMETHING THAT WE CAN AFFORD TO DO WITH THE LIVES OF OUR CHILDREN. AND, MAYOR, WE WILL BE SETTING UP AN APPOINTMENT WITH YOU ALL NEXT WEEK. WE ARE VERY, VERY CONCERNED. I KNOW WHAT YOU HAVE ON PAPER. I HAVE SEEN IT, AND IT'S NOT GOING TO WORK. BECAUSE NONE OF YOU HAVE ACTUALLY VISITED THAT PROGRAM, NOR TALKED TO THE INDIVIDUALS THATI=% ARE INVOLVED. ON THE COUNTY SIDE. AND BY THE WAY, THE COUNTY IS NOT CUTTING ANYONE. THOSE TWONxLdN[ZcNO CARRIER THIS IS A TEST, [TECHNICAL PROBLEMS, PLEASE STAND BY] (TIME: 9:23 P.M.)

IT'S NOT ONLY FOR THE PRESENT BUT IT'S FOR OUR FUTURE. I'VE TALKED WITH -- WITH -- I'VE BEEN INVOLVED WITH THE CITY TRAINING DEPARTMENT. FROM THE VERY BEGINNING OF THE PROGRAM. I -- I PASTOR THE BAPTIST CHURCH AND THEY USE OUR EDUCATIONAL FACILITIES FOR NO CHARGE. EVEN THOUGH WE HAVE TO PAY A LIGHT BILL AND ALL OF THAT. BUT IT'S NO CHARGE. I TALKED TO -- TALKED THE CHURCH INTO DOING AN INVESTMENT INTO THE COMMUNITY FOR THE FUTURE. I HAVE WORKED WITH THOSE TRAINERS FROM BOTH THE -- FROM BOTH THE COUNTY AND THE CITY. NOW, I MIGHT AS WELL GET DOWN TO MY REAL PROBLEM, BECAUSE I MIGHT HAVE BEEN MISINFORMED. THERE'S A PARTNERSHIP WITH THE COUNTY AND THE CITY. THE COUNTY HAS TWO EMPLOYEES AND THE CITY HAS ONE THAT WORKS WITH THAT SEGMENT OF -- OF YOUTH JOB TRAINING. THREE PEOPLE TRAINED IN A -- TO PLACE LIKE 800 CHILDREN. THEY HAVE NOT ONLY DID THAT THIS PAST YEAR, BUT THIS YEAR, BUT ALSO THE PAST YEAR THAT'S BEEN GOING UP EACH TIME BECAUSE I ATTEND ALL OF THE AWARDS, RECOGNITIONS AND HAVE TO PAY IN MY OWN PARKING OVER THERE AT THE HYATT REGENCY. NOW, THIS IS WHAT -- THIS IS MY UNDERSTANDING, AND I'M -- I'M WITH THE CITY 100%. I -- I SUPPORT EVERYTHING THAT YOU ALL DO. BUT WHAT I WOULD LIKE TO -- I WOULD LIKE YOU TO KNOW WHERE I STAND. IF THREE PEOPLE, LISTEN TO ME CAREFULLY, IF THREE EMPLOYEES -- THREE PERSONNEL TRAIN 800, TO BE PLACED ON JOBS, AND YOU HAD A TOTAL OF 13, YOU HAD A TOTAL OF 13, ONE FROM THE CITY OUT OF THAT 13, IS THAT RIGHT? YOU CUT FROM 13 TO 6 --

Futrell: I THIS THE CONFUSION IS THERE ARE FOUR DIFFERENT YOUTH EMPLOYMENT PROGRAMS. ONE OF WHICH IS SUMMER YOUTH.

RIGHT.

Futrell: THEY HAVE ONE FILLED POSITION WORKING WITH THAT PROGRAM FROM THE CITY SIDE, ALTHOUGH THE CITY PAYS A MUCH HIGHER PERCENT OF THE SALARIES FOR YOUTH THAN THE COUNTY DOES.

OKAY.

THE COUNTY HAD TWO PEOPLE WORKING AND A SMALLER PERCENT OF THE SALARIES AND THE CITY DID ALL OF THE PAYROLL WORK FOR CITY AND COUNTY SIDE.

OKAY.

Futrell: WHAT WE HAVE DONE ON THE FOUR PROGRAMS, WHICH HAVE 13 ALL TOTAL --S.

WHAT I WANT.

COMBINED IT INTO SIX. SO ACTUALLY YOU WILL HAVE COMPONENTS OF SIX PEOPLE WORKING WITH SUMMER YOUTH PROGRAM FROM THE CITY SIDE PLUS THE TWO FROM THE COUNTY SIDE, PLUS WE HAVE THREE OTHER DEPARTMENTS DEDICATING EMPLOYEES TO HELP WITH THIS PROGRAM AND YOU ADD ON TOP OF THAT 200 TO 300 CITY EMPLOYEE MENTORS AND TUTORS, HALF OF WHOM WORK AT THE HIGH SCHOOL LEVEL THAT ARE GOING TO ALSO WORK WITH THE STAFFING RATIO IN TRAINING IN THE SUMMER YOUTH PROGRAM.

OKAY. SO ARE YOU TELLING ME THAT YOU ARE GOING TO DUMP ALL OF THOSE PROGRAMS TOGETHER OR WILL YOU STILL HAVE SEPARATE TRAINING WITH THE COUNTY FOR YOUTH SUMMER WORK?

Futrell: THERE IS GOING TO -- BECAUSE ALL FOUR OF THE PROGRAMS HAVE SLIGHTLY DIFFERENT MISSIONS.

RIGHT, RIGHT.

Futrell: THERE WILL STILL BE INDIVIDUAL TRAINING FOR SUMMER YOUTH. AND YOU WILL HAVE -- YOU WILL HAVE THE SAME -- YOU HAVE ONE PERSON NOW WITH THE CITY DEDICATED TO IT. YOU WILL HAVE SIX PEOPLE IN THE FUTURE ON THE CITY SIDE THAT ARE GOING TO IN THE SUMMER SPEND THEIR TIME FOCUSING, PREPPING, ACTUALLY PRESUMMER PREPPING FOR THE SUMMER YOUTH EMPLOYMENT COMPONENT. THEM YOU ARE GOING TO HAVE OTHER CITY EMPLOYEES THAT WILL SERVE AS THE SUPERVISORS, MENTORS, AS THE KIDS GET ON TO THE JOBSITE.

OKAY. I DON'T REALLY UNDERSTAND IT, BUT I WILL BE THERE TO SEE IT WORK. BECAUSE -- BECAUSE I DON'T -- IF YOU HAVE -- IF YOU HAD ONE PERSON FROM THE CITY WORKING WITH TWO COUNTIES, THEY WERE ABLE TO DO A JOB LIKE THAT [BUZZER SOUNDING] THAT MEANS THREE INDIVIDUALS WERE TRAINING 800 OF THE 1100 WORKERS. THAT MEANT THAT YOU HAD ANOTHER -- QUITE A FEW OTHER, 8 OR 10 OTHER PEOPLE THAT WAS TRAINING JUST 300. FROM THE CITY SIDE. NOW, SOMEBODY TALKED ABOUT FUZZY MATH. I KNOW WE GOT THAT IN PRESIDENT BUSH. BUT --

Futrell: REMEMBER THOSE PROGRAMS ARE YEAR-LONG PROGRAMS. THEY ARE -- THERE ARE ALSO PROGRAMS THAT TAKE A HIGH RATIO OF SUPERVISION. FOR EXAMPLE, IN THE GRAFFITI PROGRAM, THEY ACTUALLY HAD A ONE TO ONE STAFF TO YOUTH RATIO. WE HAVE REVAMPED ALL OF THIS IN ORDER TO MAXIMIZE HOW MANY KIDS WEco SERVE.

OKAY. WELL, I'M GOING TO -- I'M GOING TO -- I DON'T UNDERSTAND IT. BUT I'M WONDERING WHY IF YOU ARE GOING TO -- YOU ARE STILL GOING TO HAVE SIX EMPLOYEES ON THE CITY SIDE, THIS YOUNG MAN THAT COMES THROUGH THE PROGRAM, THAT'S ONE INDIVIDUAL THAT WE ARE REALLY TALKING ABOUT, I'M CONCERNED ABOUT HIM. BECAUSE I HAVE WORKED WITH HIM, I HAVE SEEN HIM COME UP AND I KNOW THE KIND OF PERSON THAT HE IS. AND HE'S TOTALLY DEDICATED TO DOING A GOOD JOB. ESSENTIALLY YOU ARE GOING TO STILL EMPLOYEE HIM WITH THE CITY, WHY NOT LEAVE HIM THERE WHERE HE WAS. I DON'T UNDERSTAND WHY YOU WOULD MOVE HIM JUST FOR THE SAKE OF SHIFTING HIM BECAUSE HE'S ALREADY WELL VERSED WHERE HE IS, WHY WOULD YOU WANT TO MOVE HIM SINCE YOU ARE GOING TO PUT HIM -- KEEP HIM EMPLOYED ANYWAY, HOW COME YOU PUT SOMEBODY ELSE THERE? GUS GARCIA REVEREND, IF WE HAVE --

Mayor Garcia: IF WE HAD ALL OF THE MONEY WE HAD IN PRIOR YEARS WE PROBABLY WOULDN'T HAVE TO DO THIS. BUT WE DON'T HAVE THE MONEY WE HAD IN PRIOR YEARS. SO THE CITY MANAGER, UNDER THE DIRECTION OF THE CITY COUNCIL WAS DIRECTED TO LOOK AT WAYS TO DO THINGS BETTER, LEANER AND GET THE -- THE OBJECTIVE ACCOMPLISHED. YOU KNOW, A LOT OF THE TRAINING THAT THESE YOUNG PEOPLE RECEIVE, THEY RECEIVE IT WHILE THEY ARE WORKING FOR US. FOUR OR FIVE OF THEM WORK IN MY OFFICE DURING THE SUMMER. WE PROVIDED MOST OF THE TRAINING FOR THEM.

RIGHT, I UNDERSTAND THAT.

Mayor Garcia: ALL THESE COUNCILMEMBERS HAD TWO OR THREE OF THEM IN THEIR OFFICES. WE TRAIN THEM AND WE SEND THEM BACK TO WHERE THEY CAME FROM SO THEY COULD RETURN TO SCHOOL OR RETURN TO WHATEVER IT IS THAT -- SOME OF THEM THAT WORK IN MY OFFICE RETURN TO COLLEGE. WE HAVE THAT PROGRAM AND WE HAVE IT UNDER -- YOU KNOW, GOING ON -- YOU KNOW, ALL DURING THE SUMMER. BUT I APPRECIATE YOUR BEING HERE.

TRAINING, MAYOR, WHAT I WAS TALKING ABOUT WAS THE PREP TRAINING THAT'S GOING TO BEGIN IN JANUARY.

Mayor Garcia: SURE.

BEFORE THEY GET TO COME TO YOUR OFFICE. THAT IS THE TRAINING THAT I WAS TALKING ABOUT. SINCE THE YOUNG MAN IS GOING TO BE PLACED ANYWAY, IN THE CITY, WHY NOT LEAVE HIM WHERE HE WAS? THAT'S ALL THAT I'M SAYING. YOU ARE NOT CUTTING HIS SALARY. BECAUSE YOU ARE GOING TO PAY HIM ANYWAY. AM I RIGHT?

Mayor Garcia: WELL, THIS IS --

Futrell: I TELL YOU WHAT, I WILL TALK WITH YOU OFF THE MICROPHONE SO I CAN EXPLAIN THAT TO YOU.

Mayor Garcia: THE CITY MANAGER WILL EXPLAIN THAT TO YOU.

Mayor Garcia: KATHRYN CASE DOES NOT WISH TO SPEAK, REGISTERED IN FAVOR OF. LAKISH HATCH. AND FOLLOWING MS. HATCH IS MARGARET SHAW. MARGARET IS NOT WISHING TO SPEAK, SO SHE'S IN FAVOR OF PARKS BUDGET, MORE FUNDING FOR HYDE PARK THEATER. LET ME READ ALL OF THIS AND THEN I WILL RECOGNIZE YOU, MS. HATCH. JOHN PEOPLES NOT WISHING TO SPEAK, AGAINST SUMMER YOUTH CUTS. DAVID MINCE, I SAW DAVID EARLIER HERE, IS HE HERE? DAVID DOES NOT WISH TO SPEAK, REGISTER UNDERSTAND FAVOR OF. REGISTERED IN FAVOR OF. MR. CHARLIE BETS YOU WILL BE NEXT. MS. HATCH, WELCOME.

GOOD EVENING, MAYOR GARCIA, CITY COUNCIL MEMBERS, CITY MANAGER, I'M HERE AS AN ADVOCATE, A SUPPORTER, A BELIEVER AND A TAXPAYER FOR THE SUMMER YOUTH PROGRAM. I HAVE SOME CONCERNS ALSO. MY ONE CONCERN IS LIKE YOU SAY TOMATO AND I SAY TOMORROW TO. YOU ALL -- TOMATO. YOU ASSAULT SAY CONSOLIDATED. I SAY CUT. SOMEBODY, SOMETHING IS GETTING REMOVED FROM THE PROGRAM. MY CONCERN WITH THAT IS TAKING AWAY, SHIFTING, REMOVING, WHATEVER TERMS YOU CHOOSE TO USE, YOU ARE GOING TO LOSE THE QUALITY OF THE PROGRAM. AND I THINK IT'S A SHAME THAT WE ARE PUTTING OUR YOUTH AT RISK. I KEEP HEARING EXCUSES, EXCUSES, YES, TIMES ARE HARD, BUT WE EITHER ARE GOING TO HAVE TO PAY NOW OR PAY LATER. I WILL BE HERE TWO YEARS FROM NOW AND WE WILL BE TALKING ABOUT WHERE ARE WE GOING TO PUT THESE YOUTH BECAUSE THEY DON'T HAVE ANYTHING TO DO IN THE SUMMER. WITH THE PROJECTED CONSOLIDATION, AS YOU LIKE TO USE, FROM MY UNDERSTANDING THEY WERE ONLY -- THEY WILL NOT BE ABLE TO PLACE THE SAME AMOUNT OF STUDENTS OR YOUTH THAT THEY HAVE PLACED BEFORE. AND FROM WHAT I HAVE HEARD, THAT NEITHER -- AGAIN, WHAT MS. WADE SAID, NEITHER -- NEITHER THE COUNCILMEMBER HAS NOT BEEN DOWN TO -- DOWN TO VISIT THE PROGRAM TO SEE WHAT KIND OF RESULTS THAT WE ARE GETTING FROM THE PROGRAM. I ENCOURAGE YOU TO DO SO. HOW CAN YOU SPEAK ON A PROGRAM OR TRY TO BUDGET FOR A PROGRAM THAT YOU REALLY DON'T HAVE KNOWLEDGE ABOUT? SO I AM HOLDING YOU ACCOUNTABLE. I HOPE THAT YOU ALL RECONSIDER THE FUNDING, THE CONSOLIDATION, WHATEVER YOU CHOOSE TO USE, FOR THE SUMMER YOUTH EMPLOYMENT. SO OUR YOUTH CAN GET THE KIND OF QUALITY PROGRAM THAT THEY DESERVE. THANK YOU.

THANK YOU, MS. HATCH, MR. BETS. FOLLOWING MR. BETTS IS LESLIE SERRANO, REGISTERED NOT WISHING TO SPEAK, AGAINST CUTS IN THE PARKS AND RECREATION TEAM ACADEMIES. ERICA GONZALEZ, NOT WISHING TO SPEAK, PLEASE DO NOT CUT BUDGET FUNDING FOR PARKS AND RECREATION TEEN ACADEMIES, NISH NELSON, NOT WISHING TO SPEAK, FOR INCREASED SUPPORT OF THE AUSTIN LIBRARY. JOE GOODMAN, NOT WISHING TO SPEAK, FOR CONTINUING SUPPORT OF THE LIBRARY. ELIZABETH RINCON NOT WISHING TO SPEAK. I WILL READ HER COMMENTS AS SOON AS MR. BETTS FINISHES WITH HIS, WELCOME, SIR.

THANK YOU, MAYOR GARCIA, MEMBERS OF THE COUNCIL. I'M CHARLIE BETTS WITH THE DOWNTOWN AUSTIN ALLIANCE, AS I'M SURE YOU KNOW, THE CITY AND THE DOWNTOWN AUSTIN ALLIANCE HAVE HAD A LONG STANDING 10 YEARS, SO -- SO -- PARTNERSHIP ON GRAFFITI REMOVAL IN DOWNTOWN AUSTIN. WE -- UPON HEARING OF -- OF THE REDUCTION IN THE STAFF AND THE GRAFFITI ABATEMENT PROGRAM, WE -- I IMMEDIATELY CORRESPONDED WITH YOU VOICING OUR CONCERNS ABOUT THAT. AND THE POTENTIAL OF A -- OF A CUT IN THE LEVEL OF SERVICE. I HAVE SINCE -- SINCE THAT LETTER I HAVE VISITED WITH MR. DAVID LOWRY AND HAVE -- HAVE RECEIVED ASSURANCES THAT THE LEVEL OF SERVICE AND THE GRAFFITI ABATEMENT PROGRAM COULD BE MAINTAINED. WE HAVE EVERY CONFIDENCE THAT WILL BE THE CASE. WE SUPPORT YOU IN YOUR BUDGET CUTTING EFFORTS. WE PLEDGE TO YOU THAT THE D.A.A. WILL CERTAINLY MAINTAIN ITS LEVEL OF SERVICE IN GRAFFITI CONTROL IN DOWNTOWN. THANK YOU.

Mayor Garcia: THANK YOU, MR. BETTS, ELIZABETH RINCON NOT WISHING TO SPEAK. I'M COMPLETELY AGAINST BUDGET CUTS FOR THE PARKS AND RECREATION, THE CHILDREN OF AUSTIN ARE AMERICA'S YOUNG LEADERS. IT IS WRONG AND IMMORAL TO TAKE AWAY WHAT WE SHOULD BE PROVIDING THEM. WE DESERVE TO BE TREATED WITH CONSIDERATION. THAT'S MS. RINCON, [INAUDIBLE] ALMANZA NOT WISHING TO SPEAK, PLEASE DON'T TAKE AWAY MONEY FROM MY LITTLE NEPHEWS TO PLAY AT THE RECREATION CENTERS. THOSE RECREATION CENTERS WILL BE OPEN. SUSANA ALMANZA, DO NOT CUT SERVICES FOR THE YOUTH. THE ELDERLY AND/OR POOR AND WORKING POOR. DO NOT INCREASE BUDGET FOR TOP MANAGEMENT, INCREASE FUNDING FOR YOUTH SOCIAL SERVICES AND YOUTH. NANCY FLORES, NOT WISHING TO SPEAK, PLEASE INCREASE BUDGET FOR PARKS AND RECREATION TEEN ACADEMIES. SHANNON BROWNS, DONATED HIS TIME TO KEN WEBSTER WHO SPOKE EARLIER. CHARGES PALMER, NOT WISHING TO SPEAK, IN FAVOR OF SOMETHING, I GUESS THE BUDGET? MARK HALS-BACK DONATED TIME TO DANA HANSEN, BUT MR. HANSEN DID NOT USE IT BUT HE DOES NOT WISH TO SPEAK. I THINK HE'S IN FAVOR OF THE AUSTIN MUSEUM OF ART. AND THE LAST CARD THAT I HAVE IS LESLIE STEVENS, NOT WISHING TO SPEAK, I'M IN FAVOR OF RESTORING FUNDING THAT WAS -- FOR THE AUSTIN PUBLIC LIBRARY. IT IS ONE OF OUR MOST IMPORTANT RESOURCES. COUNCIL, THAT'S ALL THE SPEAKERS THAT WE HAVE ON THIS ITEM NO. 66.

Slusher: MOVE TO CLOSE THE PUBLIC HEARING.

MOTION BY COUNCILMEMBER SLUSHER TO CLOSE THE PUBLIC HEARING, IS THERE SECOND? SECONDED BY COUNCILMEMBER DUNKERLY. ALL THOSE IF FAVOR SIGNIFY BY SAYING AYE.

AYE.

OPPOSED, NO. LET ME ONCE AGAIN REMIND YOU THAT THE CITY MANAGER WILL BE HAVING SOME TOWN HALL MEETINGS AND THOSE WILL BE ANNOUNCED AND PROBABLY BE IN THE -- IN THE EVENING -- THE INTERNET. ALSO STARTING ON -- ON MONDAY, SEPTEMBER THE 9TH, WE WILL HAVE FIRST READING OF THE BUDGET, THAT DOES NOT INCLUDE ANY PUBLIC HEARINGS, BUT OF COURSE PEOPLE USE THE E-MAIL. TODAY I PROBABLY GOT CLOSE TO 200 E-MAILS ON THE BUDGET. I'M NOT ENCOURAGING YOU TO WRITE ANYMORE, BUT THAT'S SOMETHING THAT'S AVAILABLE. WE WILL DO -- WE WILL DO AT LEAST FIRST READING ON THE 9TH. IF THE COUNCIL WISHES TO HAVE MORE THAN ONE READING, THEY CAN DO THAT. IF NOT WE WILL GO TO THE 10TH FOR SECOND READING. AND WE WILL BE CONSIDERING THE BUDGET AT THE TIME AND THEN ON THE 11TH WE WILL NOT HAVE THE THIRD READING BECAUSE THAT'S SEPTEMBER 11TH OBSERVANCE THAT WE WILL BE HAVING. THEN ON THE 12TH WE WILL CONSIDER THE THIRD READING IF WE HAVE NOT DONE THAT BEFORE. THAT COUNCIL IS ALL OF THE ITEMS THAT WE HAVE ON THIS AGENDA.

Slusher: MOVE ADJOURN.

Goodman: NO, NO, NO, NOT YET.

Thomas: I WOULD LIKE TO SAY SOMETHING BEFORE YOU CLOSE?

Goodman: BECAUSE WE DON'T HAVE ANY MORE OPPORTUNITIES TO DISCUSS BUDGET QUESTIONS AND SO AT THIS MOMENT I WOULD LIKE ALSO STAFF TO BE ABLE TO ADDRESS THE THINGS THAT PEOPLE HAVE BEEN SAYING BECAUSE I FINALLY FIGURED OUT THEY ARE NOT TALKING ABOUT THE SAME THING WE ARE TALKING ABOUT. THEY ARE TALKING ABOUT REORGANIZATION OF STAFF. NOT THE PROGRAM. AS -- AS WE AND THE CITY MANAGER ARE LOOKING AT IT. THEY ARE TALKING ABOUT PEOPLE THAT THEY BELIEVE ARE THE BEST PERSON AND THEY ARE ABOUT TO BE SHIFTED. I CAN UNDERSTAND THAT BECAUSE THERE'S ALSO ONE IN THE CHILD CARE --

Mayor Garcia: YOU ARE ASKING FOR THEM TO RESPOND --

Goodman: I AM ASKING FOR --

Mayor Garcia: STAFF TO RESPOND.

Goodman: DAVID LAURIE I THINK IS PROBABLY THE ONE OR MAYBE JESUS, I DON'T KNOW. BUT TO LAY OUT THE ORGANIZATION THAT WAS AND TO SHOW HOW IT'S BEING SHIFTED TO CONSOLIDATE AND WHERE EVERYBODY IS GOING TO GO WHO NOW STAFFS THE PROGRAMS THAT THEY ARE HERE TO ADVOCATE FOR. AND SINCE WE PUT THOSE THINGS ON THE --

Mayor Garcia: CLOSE THE PUBLIC HEARING.

Goodman: OH, YEAH.

Mayor Garcia: DID WE VOTE ON THAT, MS. BROWN?

Goodman: YES, YES, WE DID.

Mayor Garcia: OKAY, WE CLOSED THE PUBLIC HEARING. THE MAYOR PRO TEM IS REQUESTING THAT WE HAVE STAFF PRESENTATIONS AND SO -- SO I DON'T KNOW EXACTLY HOW WE ARE TO PROCEED ON THAT.

Goodman: ON THE WEBSITE --

Mayor Garcia: CHIEF, WHY DON'T YOU COME UP AND -- AND TRY TO -- TRY TO -- TO ADDRESS THE -- THE ISSUES THAT THE -- THAT THE MAYOR PRO TEM IS BRINGING UP. STOOMS THOMAS I WAS SAYING WE CLOSED SO QUICK, WE ALL NEED TO GO HOME. I'M WITH THE MAYOR PRO TEM BECAUSE A LOT OF -- I HAVE -- I WILL SAY THIS, I'M NOT AGAINST ANYBODY ELSE, BUT I HAVE A -- I HAVE VISITED THIS PROGRAM. [ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

BUT I DO WANT KNOW BECAUSE I'VE WORKED WITH THIS PROGRAM A LONG TIME, I'VE BEEN ASKING QUESTIONS. (9:46) PARAGRAPH I'VE BEEN ASKING THE CITY MANAGER, IT'S NOT FAIR TO THE PROGRAM, IT'S NOT FAR FAIR TO THE STAFF. THE CITY MANAGER IS DOING AN EXCELLENT JOB. IF WE CAN GET THIS BROKE DOWN AND EXPLAINED TO US IN MORE DETAIL, THEN WE CAN GO, WE'LL BE ABLE TO IN THE COUNTY SIDE ALSO, I DON'T KNOW HOW YOU DO IT ON YOUR BUDGET PROCESS. DO THEY SIT DOWN AND TELL THEM HOW WE'RE GOING TO TAKE FROM THE PROGRAM? I JUST NEED MORE BRIEFING ABOUT IT AND SEE WHAT YOU -- YOU MERGING TOGETHER HOW IT'S GOING TO AFFECT THIS PARTICULAR PROGRAM.

WHILE EVERYBODY SEEMS TO BE ORGANIZING AND I'M SORRY, I MISSED SOME OF YOUR QUESTIONS AT THE FRONT END, THIS PROGRAM IS JOINTLY FUNDED BETWEEN THE CITY AND THE COUNTY, THEY PUT IN SOME SUMMER SALARIES, THEY HAVE TWO STAFF MEMBERS. WE HAD ONE FILLED AND ONE THAT HAD BEEN VACANT FOR OVER A YEAR. AND WE DO ALL THE PAYROLL WORK, ALL THE SUPPORT WORK ON THE CITY SIDE FOR COUNTY AND CITY. SOME OF THE JOBS ARE COUNTY, THE BULK OF THE JOBS ARE CITY. I'M ROUNDING NUMBERS BUT ABOUT 50 ARE PRIVATE JOBS. ALL THE REST ARE CITY AND COUNTY AND A SIGNIFICANT PORTION OF THOSE ARE CITY JOBS. ALL YOUTH STIPENDS, ALL YOUTH SALARY DOLLARS ARE WHOLE, BUT INSTEAD OF HAVING INDIVIDUAL ADMINISTRATIVE STAFF FOR EACH OF THESE FOUR PROGRAMS, WE TOOK 13 PEOPLE, SPREAD OUT ADMINISTERING FOUR PROGRAMS. THERE WILL NOW BE A TOTAL OF SIX AND A CONSOLIDATED CENTRAL MANAGEMENT COMPONENT FOR THE PROGRAMS. AND ON OUR MEASURES, WE ARE GOING TO PLACE AND GET JOBS AND DO ALL THE TRAINING AND IN FACT SOLVE SOME OF THE COMPLAINTS WE'VE HAD ABOUT HOW THE KIDS ARE PUT IN THE CITY DEPARTMENTS WITHOUT APPROPRIATE SUPERVISION. THAT IS OUR COMMITMENT TO YOU. WE LOOKED, AS I SAID BEFORE, WE LOOKED FOR EFFICIENCIES. WE LOOKED FOR WAYS TO WORK SMARTER. AND FOUR SEPARATE ADMINISTRATIONS OF FOUR DIFFERENT YOUTH PROGRAMS WAS AN OBVIOUS OPPORTUNITY TO HAVE A CONSOLIDATED MANAGEMENT UNIT. IT'S A MORE EFFICIENT WAY TO RUN IT. DAVID, YOU ALSO HAD A FLOW CHART AT ONE POINT IN TIME SHOWING HOW YOU THOUGHT WE ACTUALLY GOT BETTER COORDINATION AND OUTREACH WITH THE CONSOLIDATED PROGRAM, SO I'M GOING TO LET YOU SORT OF TAKE IT FROM HERE AND SEE IF WE CAN HELP ANSWER ANY ADDITIONAL QUESTIONS.

THANK YOU, CITY MANAGER. YEAH, WHAT WE TALKED ABOUT IS ACTUALLY WHAT YOU DESCRIBED EARLIER IN TERMS OF THE CONSOLIDATED APPROACH TO THESE PROGRAMS BECAUSE MANY OF THEM ARE VERY SIMILAR IN TERMS OF THEIR FOCUS AND THE PEOPLE WE'RE TRYING TO SERVE, AND SO WE'VE DEVELOPED A PROCESS WHEREBY WE WOULD HAVE SORT OF A CENTRALIZED INTAKE AND ASSESSMENT, LOOK AT INDIVIDUAL NEEDS FOR YOUNG PEOPLE COMING THROUGH THIS SERIES OF PROGRAMS, DEVELOP SPECIFIC INDIVIDUALIZED PLANS, ASSIGN THEM OPPORTUNITIES IN VARIOUS PROGRAMS INCLUDING THE GRAFFITI ABATEMENT PROGRAM, THE URBAN YOUTH CORPS, PLACEMENT OF POSITIONS WITHIN THE CITY AND COUNTY AND ALSO THROUGH THIS PROCESS WE'RE TALKING ABOUT IN A MUCH MORE SYSTEMATIC WAY LEVERAGING RESOURCES OF OUR SOCIAL SERVICE AGENCIES, OTHER ORGANIZATIONS WITHIN THE COMMUNITY THAT CAN PROVIDE SUPPORT AROUND MENTORING, TRAINING AND SO FORTH. THE OTHER PART OF THIS AND WE TALKED ABOUT THIS WITH THE COUNCIL YESTERDAY WHEN WE WERE DISCUSSING THE BUDGET, IS THAT IT'S GOING TO BE REALLY CRITICAL THAT THE OTHER DEPARTMENTS ARE SUPPORTIVE OF US IN THESE EFFORTS. WE'VE TALKED WITH VARIOUS DEPARTMENTS WHERE YOUTH ARE PLACED. THEY'VE OFFERED TO PROVIDE MORE ASSISTANCE IN TERMS OF MENTORING AND TRAINING THE INDIVIDUALS THAT ARE PLACED WITHIN THOSE DEPARTMENTS. SO WE'RE REALLY ATTEMPTING TO FIND A WAY TO LEVERAGE RESOURCES, AND AS THE MANAGER HAS POINTED OUT, WE HAVE PROTECTED KIND OF THE BOTTOM LINE RESOURCES THAT GO TO SUPPORTING THE YOUTH TO PARTICIPATE IN ALL OF THESE PROGRAMS. AND I WANT TO EMPHASIZE THE PEOPLE THAT HAVE BEEN WORKING IN THESE PROGRAMS ARE DOING A GOOD JOB. THIS IS IN NO WAY TO SUGGEST THAT THAT IS NOT THE CASE. BUT WHEN WE WERE LOOKING AT THIS BUDGET, WHEN WE WERE TRYING TO IDENTIFY OPPORTUNITIES TO KEEP THE BUDGET BALANCED AND SUSTAIN SORT OF THE BOTTOM LINE DIRECT SERVICES WITHIN THESE VARIOUS PROGRAMS, WE REACHED THE CONCLUSION THAT WE HAD AN OPPORTUNITY HERE, THROUGH SOME CONSOLIDATION, THROUGH SOME LEVERAGES OF OTHER RESOURCES TO POTENTIALLY BE ABLE TO PROVIDE AS MUCH OR MAYBE EVEN MORE SERVICES AND MAINTAIN IT IN A BALANCED WAY, AND AS THE MANAGER ALSO POINTED OUT EARLIER, IN TERMS OF SERVICES TO YOUNG PEOPLE WITH DISABILITIES, WE'RE ENHANCING THE PROGRAM BECAUSE WE'RE DEDICATING SPECIFIC RESOURCES FOR THAT PURPOSE. THERE'S NO QUESTION IT WILL BE A CHALLENGE, BUT OUR EXPECTATION IS THAT IF OUR PARTNERS STEP UP AND PROVIDE THE KIND OF SUPPORT THAT WE'VE EXPERIENCED IN THE PAST AND THE ADDITIONAL KIND OF SUPPORT THAT WE THINK IS OUT THERE TO HELP WITH THIS PROGRAM, WE FEEL WE HAVE A GOOD CHANCE FOR SUCCESS AND MAYBE OVER THE LONG-TERM BEING ABLE TO DO EVEN MORE.

COUNCILMEMBER, YOU ALSO ASKED ANOTHER QUESTION WHICH IS HOW DID WE WORK THROUGH OUR BUDGET RECOMMENDATIONS WITH THE COUNTY, AND I MEAN, OBVIOUSLY THEY'RE AWARE OF WHAT WE HAVE PROPOSED. AND IN MANY PLACES WE CONNECT AND IN OTHER PLACES WE DON'T. WE HAVE PUT IN THE $500,000 FOR ADDITIONAL BASIC SERVICES. THEY'VE TOLD US THEY WILL NOT BE PUTTING THAT IN THEIR BUDGET. THEY'VE RAISED THEIR TAX RATE. WE HAVEN'T RAISED OUR TAX RATE. WE HAVE TWO SEPARATE BUDGET PROCESSES, AND THEY HAVE A DISTINCT COMPONENT OF THIS PROGRAM AND WE HAVE A DISTINCT COMPONENT IN CONTRIBUTION TO THIS PROGRAM. WHAT WE'RE HOPING FOR IS THAT -- THE SIX PEOPLE WORKING IN THE CENTRAL MANAGEMENT WILL ACTUALLY PROVIDE ENHANCED SERVICES ON THIS SIDE BECAUSE THERE WAS AN UNEQUAL DISTRIBUTION OF STAFF WORKING THE FOUR DIFFERENT YOUTH PROGRAMS. THIS ALLOWS US TO PUT EVERYONE IN A CENTRAL PLACE AND PUT THE SERVICES AND SUPPORT OUT AS APPROPRIATE FOR EACH DIFFERENT PART OF THE YOUTH PROGRAM SERVICE. I THINK THERE WAS ONE OTHER QUESTION YOU ASKED AND I'M DRAWING A BLANK ON IT.

I ASKED ONE PARTICULAR PROGRAM. I DIDN'T KNOW WE WERE GOING TO DO THIS TONIGHT.

WELL, OKAY.

I DON'T THINK THE MAYOR PRO TEM WANTED TO DO IT TONIGHT.

NO.

I DON'T EITHER.

I THOUGHT A CHART MIGHT HELP AND I DIDN'T THINK WE HAD ONE.

WELL, ACTUALLY, JASON JUST -- THIS -- AND WHAT WE'LL DO WITH THIS, WE CAN PASS THIS AROUND. THIS IS WHAT THE STAFF WORKING ON THE PROGRAM PUT TOGETHER AS THEIR WORK PLAN FOR HOW TO DO THIS, BUT ALSO ADD TO IT IN EMPLOYEE NUMBERS IF THAT'S MORE THE CHART YOU WERE THINKING OF.

OF ALL THE POSITIONS THAT WERE CUT IN THE CITY, ALMOST 350 POSITIONS, ABOUT 20 OF THOSE POSITIONS HAD PEOPLE IN THEM, AND IN ALL CASES THEY RECEIVED A SIMULTANEOUS REASSIGNMENT TO AN EQUAL LEVEL POSITION AT THE POINT THEY WERE NOTICED THAT THEIR JOB WAS SUPPOSED -- I BELIEVE, DAVID, IN YOUR SITUATION YOU HAD A NUMBER OF THOSE THAT WERE ALL PLACED WITHIN YOUR DEPARTMENT. I ALSO KIND OF HATE TO FOCUS ON THE INDIVIDUAL PERSON. BUT ALL WERE PLACED WITHIN THE HEALTH DEPARTMENT; IS THAT CORRECT, DID I VAID.

THAT IS CORRECT. I'VE FORGOTTEN THE NUMBER. I THINK IT WAS ABOUT 24 TO 26 INDIVIDUALS WITHIN OUR DEPARTMENT THAT MOVED IN TO OTHER POSITIONS AT COMPARABLE LEVELS BUT WITH DIFFERENT KINDS OF ASSIGNMENTS AND SO WE'VE BEEN EXPERIENCING THAT WITHIN THE DEPARTMENT AND OF COURSE ACROSS THE CITY.

I GUESS, I MEAN ONE POINT TO MAKE WAS THAT THE SKILL SET, THE PEOPLE ARE THERE IN THE DEPARTMENT. IF WE NEED TO DRAW ON THEM, IF WE NEED HELP, THEY'RE THERE, THEY'RE NOT GONE, THEY'RE IN OTHER DEPARTMENTS, BUT THEY'RE IN POSITIONS WE KNEW WE HAD TO FILL AND WE HAD HELD VACANT TO BE SURE THAT NO ONE LOST THEIR JOB AS PART OF OUR DOWNSIZING IN THIS BUDGET.

MAYOR...

MAYOR PRO TEM, YOU MAY BE IT.

I THINK -- WHAT I SEEM TO BE HEARING FROM THE FOLKS SPEAKING IS WE HAD THIS INDIVIDUAL TO HELP WITH TRAINING AND NOW THAT INDIVIDUAL HAS BEEN MOVED SOMEWHERE. SO REALLY WHAT THEY WANT TO HEAR IS WHICH ONE OF THESE SIX PEOPLE IS GOING TO HELP -- OR IS THE COUNTY GOING TO DO THAT? I THINK THAT GETS MORE TO THE CRUX OF THE MATTER OF WHAT THESE FOLKS WOULD LIKE TO HEAR AND I DON'T KNOW THAT'S EASY TO SHOW GIVEN THIS GRAPH OR NOT, BUT I THINK WHAT THEY WANT TO HEAR IS THAT THERE'S STILL GOING TO BE SOME PARTICIPATION IN THAT SERVICE OR IN THAT SAME CAPACITY AND WHAT WE'RE SAYING IS, YES, WE'RE CONTINUING TO DO THE SAME THINGS THAT WE DID --

JUST NOT WITH ALL THE SAME INDIVIDUALS.

RIGHT. SO I GUESS IF YOU CAN SHOW SOMEWHERE WHERE WE HAVE THESE INDIVIDUALS AND THIS IS HOW THE TRAINING IS GOING TO BE DIFFERENT THAN IT WAS LAST YEAR, BUT I THINK THAT'S WHY IT'S DIFFICULT TO UNDERSTAND BECAUSE WE KEEP REFERRING BACK TO SIX PEOPLE AND IT'S HARD TO UNDERSTAND HOW ARE THEY ALL GOING TO CONTRIBUTE TO THIS ONE DUTY THAT THE -- DUTY THAT ONE INDIVIDUAL WAS DOING?

THE ONE POSITION THAT IS IN DISCUSSION WAS A JOB DEVELOPER POSITION, AND DAVID, YOU WANT TO SORT OF TALK TO HOW THE TRAINING COMPONENT WILL BE HANDLED WITH SUMMER YOUTH.

THE JOB DEVELOPER POSITION WAS NOT DEDICATED SOLELY TO TRAINING. THERE WAS A WHOLE SERIES OF FUNCTIONS WITH THAT POSITION. DEVELOPING JOBS, RECRUITING PEOPLE TO PARTICIPATE, WORKING WITH THE CHURCHES AND THE VARIOUS ORGANIZATIONS, SO IT WAS A WIDE RANGE OF ACTIVITIES AND THE TRAINING WAS DONE BY A NUMBER OF PEOPLE. WE ALSO HAVE SOMETHING LIKE 13 TO 15 LIAISONS THAT ARE HIRED TO ASSIST WITH THIS PROGRAM AND PROVIDE SOME MENTORING AND TRAINING, SO I THINK THE POINT IS THAT THERE HAVE BEEN AND WILL CONTINUE TO BE A NUMBER OF PEOPLE INVOLVED IN THAT AND THE CHALLENGE FOR US, AS WE WORK THROUGH THE TRANSITION, IS TO LOOK AT OTHER RESOURCES THAT WE CAN LEVERAGE BOTH WITHIN THE CITY AND WITHIN THE COMMUNITY AMONG OUR PARTNERS, TO PROVIDE THAT KIND OF SUPPORT, MENTORING, TRAINING AND ENHANCEMENT. SO I MEAN I CAN CERTAINLY PROVIDE AS MUCH DETAIL AS YOU WOULD CONSIDER HELPFUL IN TERMS OF WRITTEN DESCRIPTIONS OF, YOU KNOW, HOW THIS WOULD FUNCTION, BUT ISN'T LIKE THERE'S GOING TO BE, YOU KNOW, ONE INDIVIDUAL WHO WOULD DO THAT, NOR HAS IT BEEN ONE INDIVIDUAL DOING IT IN THE PAST BUT REALLY DRAWING UPON A BROAD RANGE OF FOLKS AND THROUGH THIS EFFORT HOPEFULLY HAVING SOME FLEXIBILITY DEPENDING ON CHANGING DEMANDS AND NEEDS IN THESE VARIOUS PROGRAMS TO BE ABLE TO SHIFT PEOPLE AND RESOURCES, YOU KNOW, TO MATCH WHAT THOSE DEMANDS AND NEEDS MIGHT BE AT THAT POINT OF PERSONAL PRIVILEGE IN TIME. SO WHEREAS WITH THE SUMMER YOUTH PROGRAM THERE'S CERTAINLY PREPARATION WORK AND EARLY DEVELOPMENT WORK THAT GOES ON, THERE'S ALSO PERIODS IN THE YEAR WHERE YOU SEE AN INCREASE IN DEMAND AND NEEDS AND THROUGH THIS CONSOLIDATION WE WOULD HOPE TO BE ABLE TO USE PEOPLE AND REALLOCATE THOSE FOLKS AND THEIR TIME AS THAT DEMAND FLUCTUATES.

THERE WAS ONE OTHER QUESTION THAT HAD COME UP ABOUT HAD WE LOST A SPANISH SPEAKING STAFF AS PART OF THIS. AND DAVID, THREE OF THE SIX ARE SPANISH SPEAKING INDIVIDUALS.

ARE SPANISH SPEAKING INDIVIDUALS AND THE OTHER PART THAT WE WOULD PROBABLY NEED TO LOOK AT IS AS WE ARE USING THE LIAISON FOLKS DURING THE HEAVIER PERIODS AND, YOU KNOW,, THE TEMPORARY STAFF, TO BE ABLE TO LOOK FOR BILINGUAL INDIVIDUALS IN THOSE AREAS AS WELL, BUT THREE OF THE EXISTING FTE'S OR INDIVIDUALS WITHIN THIS CONSOLIDATED PROGRAM SPEAK SPANISH.

WELL, I KNOW THAT WE DON'T WANT TO GET TOO INVOLVED IN DETAILS IN INDIVIDUALS, BUT I THINK THAT THERE MUST BE A WAY TO KIND OF CHART THAT OUT BECAUSE PEOPLE IN A PROGRAM DO GET CONNECTED TO THE INDIVIDUAL AND I THINK IT MIGHT BE HELPFUL FOR ME, IF NOBODY ELSE, IF I COULD FIND OUT WHERE HE'S GOING TO BE LIKE CROSS TRAINING OR SHIFTING CERTAIN PEOPLE INTO DIFFERENT JOBS WHERE THEY HAVE NOW AND YOU DON'T HAVE TO ANSWER ME TONIGHT. I'M SURE EVERYBODY WOULD BE THANKFUL IF YOU DIDN'T BUT... [LAUGHTER] ... WHERE THE EXPERTISE IS NOW AT A LEVEL THAT IT'S TIME TO GO ON TO A DIFFERENT SORT OF JOB TO MOVE UP THE LADDER. I DON'T KNOW IF THAT HAS ANYTHING TO DO WITH THIS.

JUST FOR POINT OF CLARIFICATION, MAYOR PRO TEM, YOU'RE ASKING FOR A CHART THAT WOULD SHOW WHERE THE INDIVIDUALS THAT ARE MOVING AS A RESULT OF THESE BUDGET CHANGES, KIND OF WHERE THEY'RE LANDING WITHIN THE SYSTEM IS WHAT THEY'LL BE DOING IN THE FUTURE. WE HAVE THAT INFORMATION, WE CAN CERTAINLY PROVIDE THAT.

DAVID, WHY DON'T WE ADD TO IT, GIVING THE RESUME SKILL SETS OF THE SIX PEOPLE REMAINING IN THE PROGRAM SO THAT YOU CAN SEE THE EXPERIENCE AND SKILL SET OF THE PEOPLE WHO WILL FORM THE CENTRALIZED SYSTEM ALSO.

OKAY.

AND WE CAN PUT THAT ON OUR WEBSITE FOR BUDGET ANSWERS?

SURE.

ABSOLUTELY.

GREAT.

OKAY. IS THAT IT? WE THANK MR. LOURI FOR THE WORK YOU'RE ABOUT TO DO, FOR THE WEBSITE, AND CHECK, AND I DON'T KNOW IF THE FOLKS WHO ARE HERE ARE INTERESTED BUT CHECK THE WEBSITE FOR ANSWERS BECAUSE THAT'S WHERE THIS IS GOING TO BE ADDED INTO. AND I BELIEVE THERE WILL BE SORT OF A CHART WITH IT SO WE CAN FIGURE OUT WHO GOES WHERE AND WHO IS DOING WHAT AND YOU'LL STILL BE ABLE TO FIND OUT WHERE THE ONE PERSON YOU WERE INTERESTED IN AND THE CONNECTION TO THE REST OF THE NEW ORGANIZATION; AT LEAST THAT'S WHAT I THINK WE'VE BEEN ASKING FOR THANKS. THE MAYOR WANTS ME TO ADJOURN THE MEETING.

SOMEONE SAID SO MOVED ALREADY, MAYOR PRO TEM SO...

OKAY. SO UNLESS THE MAYOR JUST REALLY WANTS TO BE HERE FOR THIS. I'LL SECOND. ALL THOSE IN FAVOR SAY "AYE."

AYE.

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IT'S 10:41 ON WEDNESDAY, AUGUST THE 28TH, MY NAME IS GUS GARCIA. AND WE ARE -- I'M CALLING TO ORDER THE WORK SESSION OF THE CITY COUNCIL OF AUSTIN, TEXAS, WE ARE CONVENING AT THE ONE TEXAS CENTER, 505 BARTON SPRINGS ROAD, EXCUSE ME, THIRD FLOOR TRAINING ROOM, HERE IN AUSTIN, AND WE HAVE ONE ITEM. THIS IS GOING TO BE THE LAST BUDGET BRIEFING. AND WE WILL -- WE WILL HAVE ANOTHER -- A CONTINUATION OF THIS BUDGET BRIEFING TOMORROW WHEN WE MEET AT 10:00 IN THE MORNING, IS THAT CORRECT?

Futrell: 10:00.

Mayor Garcia: YEAH. THE -- TODAY WE HAVE A BUDGET BRIEFING FOR FISCAL YEAR '03 ON COMMUNITY SERVICES, PARKS, LIBRARY, HEALTH, PRIMARY CARE, AND HOUSING. MS. CITY MANAGER?

Futrell: YOU HAVE COVERED THE SCHEDULE, WHICH IS ONE THING THAT I JUST WANTED EVERYONE TO BE SURE THEY UNDERSTOOD. OBVIOUSLY, ONCE THE BRIEFING TODAY AND THE CARRYOVER TOMORROW AND THE PUBLIC HEARING THURSDAY OR TOMORROW NIGHT, THEN WE WILL MOVE INTO THE COUNCIL DELIBERATIONS THAT HAPPEN THE FIRST, SECOND AND THIRD READING OF THE BUDGET. I THINK THE THING THAT I WOULD LIKE TO STRESS, AS WE MOVE INTO THIS CADRE OF DEPARTMENTS, THIS IS THE SET OF DEPARTMENTS THAT DRAW A GREAT AMOUNT OF COMMUNITY INTEREST AND CONCERN. I THINK WE WILL PROBABLY HAVE -- HEAR MORE COMMENTS AND THOUGHTS ON THIS SET OF DEPARTMENTS THAN WE'VE HEARD TO DATE. I WANT TO REMIND THE COUNCIL AND THE PUBLIC THAT TWO OF THE FOUR BUDGET GOALS, BECAUSE THEY ARE PARTICULARLY IMPORTANT WHEN YOU LOOK AT WHAT WE ARE GOING TO BE PRESENTING WITH THESE DEPARTMENTS ON THEIR BUDGET PRESENTATIONS, THE FIRST BEING WORKING SMARTER AND THE SECOND BEING OPERATING LEANER. WHY THAT IS IMPORTANT IS THAT YOU WILL SEE IN THESE DEPARTMENTS OUR ATTEMPTS TO KEEP SERVICE DIRECT SERVICE DELIVERY WHOLE. BUT REDUCE ADMINISTRATION AND MANAGEMENT TO TRY TO WORK SMARTER AND WORK LEANER. AND MANY PEOPLE WILL SEE THAT AS A REDUCTION IN SERVICE. WHEN WE BELIEVE WE ARE GOING TO BE ABLE TO SHOW YOU THAT WITH REDUCED ADMINISTRATION AND MANAGEMENT, WE CAN STILL DELIVER. THAT WE CAN DELIVER WITH A DIFFERENT SERVICE MODEL. WHAT WE ARE HOPING IS THAT WE GET THE CHANCE TO TAKE THIS YEAR IN '03 TO PROVE THAT TO THE COMMUNITY AND TO THE COUNCIL. TO SHOW THAT WE CAN HAVE A DIFFERENT SERVICE DELIVERY MODEL AND STILL PRODUCE AND SO WITH THAT, I WILL TURN IT OVER TO MIKE McDONALD.

THANK YOU, CITY MANAGER. GOOD MORNING, MAYOR AND COUNCIL. I'M ASSISTANT CHIEF MICHAEL McDONALD, ACTING CHIEF OF STAFF, WE ARE PLEASED TO PRESENT TO YOU THIS MORNING THE FY '03 PROPOSED BUDGET FOR THE COMMUNITY SERVICES DEPARTMENTS. THEY CAN BE FOUND IN VOLUME 2 OF YOUR BUDGET DOCUMENTS. PRESENTING WITH ME THIS MORNING WILL BE THE -- JESUS OLIVERES, THE DIRECTOR OF PARKS AND CORRECTIATION, BRENDA -- RECREATION, BREN DRAW BRANCH, DIRECTOR OF PARKS AND LIBRARIES, DAVID LOURIE, HEALTH AND HUMAN SERVICES, TRISH YOUNG, DIRECTOR OF COMMUNITY CARE, PRIMARY CARE, PAUL HILGERS THE DIRECTOR OF NEIGHBORHOOD HOUSING. THE COMMUNITY SERVICES DEPARTMENTS CONSIST OF PARKS AND RECREATION, LIBRARY, HEALTH AND HUMAN SERVICES, COMMUNITY CARE, AS I STATED FORMERLY PRIMARY CARE AND NEIGHBORHOOD HOUSING. THE PROPOSED OPERATING BUDGET FOR FY '03 IS 187.7 MILLION OPERATING. CAPITAL IS 59.5 MILLION FOR A TOTAL OF 238.6 MILLION. FUNDING IN THE PROPOSED BUDGET FOR COMMUNITY SERVICES INCLUDING GRANTS, ENTERPRISE FUNDS, AND TRAVIS COUNTY REIMBURSED FUNDS, WHICH INCREASES 11.8 MILLION OVER FY '02. SINCE FY 1999, THE CITY'S INVESTMENT IN COMMUNITY SERVICES HAS INCREASED 24%. COMMUNITY SERVICES MAKES UP 106.2 MILLION OF THE GENERAL FUND EXPENDITURES, WHICH IS APPROXIMATELY 22%. THE FUNDING SOURCES FOR COMMUNITY SERVICES FOR THE 187.7 MILLION IS 61% OF THAT -- COMES FROM GENERAL FUND, 20% FROM FEES AND REIMBURSEMENTS AND ABOUT 19% FROM GRANTS. COUNCIL, I WOULD NOW LIKE TO REVIEW THE SCORE CARDS BEGINNING WITH THE PARKS AND RECREATION DEPARTMENT. PARKS MAINTENANCE HAS A MODERATE PRIORITY IN A HIGH -- AND A HIGH SATISFACTION RATING. PARKS SERVICES AND PROGRAMS ALSO HAVE A MODERATE PRIORITY, AND A HIGH SATISFACTION RATING. SINCE FY '96, SATISFACTION WITH PARKS SERVICES AND PROGRAMS HAS REMAINED HIGH AT OR ABOVE 85%. AUSTIN'S NET OPERATION AND MAINTENANCE COSTS PER CAPITA REMAIN SIMILAR TO FY '02 COMPARED TO FY '01. LIBRARIES: CITIZENS SURVEYS RANKED LIBRARY SERVICES AS A MODERATE PRIORITY AND GAVE IT A HIGH SATISFACTION RATING. CITIZENS' SATISFACTION WITH LIBRARY SERVICES HAS EXCEEDED 80% SINCE 1994. HEALTH AND HUMAN SERVICES. SOCIAL SERVICES TO LOW INCOME RESIDENTS ARE A MODERATE PRIORITY AMONG THOSE RESPONDING TO THE CITIZENS SURVEY AND AS -- AND RECEIVED A MODERATE SATISFACTION RATING. SOME CONCERNS EXIST BECAUSE THE SURVEYS DO NOT SOLELY TARGET THE DIRECT USERS OF THESE SERVICES AND THEREFORE MAY NOT PROVIDE AN ACCURATE PICTURE OF SATISFACTION WITH THE SATISFIES INCLUDED IN THE SURVEY. THE CITY MANAGER HAS DIRECTED US TO REVIEW THE SURVEY METHODS FOR POTENTIAL AREAS OF IMPROVEMENT AND TO FIND A MORE ACCURATE WAY OF GAUGING THE PRIORITY AND SATISFACTION OF DIRECT USERS OF THESE SERVICES. FOR EXAMPLE, THE HIGHLIGHTS, ONE OF THE THINGS THAT HIGHLIGHTS THIS IS THE -- IS THE PROBLEM WAS RECENTLY SURVEYED OF ACTUAL USERS OF SOCIAL SERVICES INDICATES THAT 91% OF DAY LABOR CLIENTS AND 93% OF NIGHT SHELTER CLIENTS WERE SATISFIED WITH THE -- WITH THE AUSTIN RESOURCE CENTER FOR HOMELESS AND SERVICES. AND ENVIRONMENTAL HEALTH IS RANKED AS A HIGH PRIORITY AMONG RESPONDENTS AND SATISFACTION WITH SAFETY OF RESTAURANT FOOD REMAINS VERY HIGH. COMMUNITY CARE, FORMERLY PRIMARY CARE. THE PERCENTAGE OF NON-M.A.P. PATIENTS SATISFIED WITH PRIMARY CARE SERVICES INCREASED FROM 96% IN FY '01 TO 98% IN FY '02. M.A.P. SATISFACTION WITH PRIMARY CARE SERVICES WAS AT SIMILAR LEVELS IN FY 20012001 AND FY '02. UNDER HOUSING, ALTHOUGH THE COMMUNITY SCORE CARD ONLY SHOWS A MODERATE PRIORITY AT THE CITY-WIDE LEVEL, WE KNOW FROM EXPERIENCE AFFORDABLE HOUSING IS A HIGH PRIORITY FOR CERTAIN POPULATIONS. WHEN WE COMPARE THE NUMBER OF LOCAL INCOME HOUSING UNITS WE PRODUCE TO THE ONLY OTHER LARGE CITY IN TEXAS, REPORTS TO ICMA, SAN ANTONIO, WE ARE PRODUCING AT A SIMILAR LEVEL. SAN ANTONIO PRODUCES 41.7 UNITS PER 100,000. POPULATION. AND WE PRODUCE 38.1 UNITS PER 100,000. THE HOUSING DEPARTMENT'S USE OF PRIVATE FUNDING IN ATTAINING UNIT GOALS WILL BE USED AS AN EXAMPLE OF BEST PRACTICES IN ICMA'S SECOND EDITION OF WHAT WORKS. A SURVEY BY LIVABLE CITY, AN AUSTIN ORGANIZATION FOUND THAT AFFORDABLE HOUSING IS AMONG THE TOP FIVE PRIORITIES AMONG AUSTIN RESPONDENTS. SAFE COMMUNITY WAS FIRST, SAFE ENVIRONMENT SECOND, QUALITY PUBLIC SCHOOLS THIRD, [INAUDIBLE] FOURTH, AND A STRONG ECONOMY WAS FIFTH. COUNCIL, BEFORE WE BEGAN THESE -- THE BUDGET DISCUSSIONS AND THE WORK THAT WE HAVE DONE OVER THE PAST TWO MONTHS ON THE BUDGET, IN OUR RETREAT THERE WERE CERTAIN PRIORITIES THAT YOU GAVE US AND THAT YOU WANTED US TO COME BACK WITH YOU -- COME BACK WITH YOU WITH IN THIS CURRENT BUDGET. ONE WAS TO RESTORE LIBRARY BRANCH HOURS OF OPERATION TO PREVIOUS LEVELS, WHICH WE HAVE. CONTINUE THE FOUR YEAR COMMITMENT OF $3 MILLION PER YEAR TO HOUSING. MAINTAIN PARD FACILITIES, OPERATOR LEVELS AND CONTINUE YOUTH PROGRAMS, AS YOU WILL SEE IN -- IN THE PARK AND RECREATIONS BUDGET. ALL FACILITIES WILL OPEN -- WILL BE OPEN THE SAME NUMBER OF HOURS THAT THEY DID IN THE PREVIOUS YEAR AND HE'S DONE SOME PRETTY INNOVATIVE THINGS TO CONTINUE THE YOUTH PROGRAMS. DEVELOP A PLAN FOR AN URGENT CARE CLINIC TO PROVIDE RELIEF TO BRACKENRIDGE EMERGENCY ROOM, WHAT WE HOPE TO DO IN THE THIRD QUARTER OF THIS NEXT YEAR IS TO COME TO YOU WITH A PLAN THAT WILL ADDRESS THAT ISSUE. ANOTHER ISSUE THAT WOULD -- THAT YOU FELT WAS IMPORTANT WAS TO ENSURE PUBLIC HEALTH IS PREPARED FOR HOMELAND SECURITY. THE $1.2 MILLION HOMELAND SECURITY GRANT THAT WE RECEIVED HAS HELPED US TO ACCOMPLISH THAT GOAL. MAINTAIN LEVEL FUNDING FOR SOCIAL SERVICES. FOR EXAMPLE, THE SERVICES THAT WE PROVIDE TO C.A.N. NONE OF THOSE SERVICES HAVE BEEN CUT AND IN ADDITION TO THAT, FUNDING FOR SOCIAL SERVICES INCLUDES A ONE-TIME, $500,000 CONTRIBUTION, WHICH WE ARE HOPING WILL ENCOURAGE THE COUNTY TO BOOST ITS EFFORTS AS WELL. AT THIS POINT I WOULD LIKE TO TURN IT OVER TO THE DIRECTOR OF PARKS AND RECREATION, JESUS OLIVERES.

Mayor Garcia: LET ME SEE IF THERE'S ANY QUESTIONS.

WYNN: THANKS, MAYOR. JUST A QUICK QUESTION, CHIEF. ON THE FUNDING FOR COMMUNITY SERVICES, WE HAVE GRANTS REPRESENT 19% OF THE TOTAL REVENUE, WHICH -- WHICH STRIKES ME AS BEING VERY LARGE. ALSO STRIKES ME AS BEING NOT PARTICULARLY, YOU KNOW, PREDICTABLE IN A SENSE THAT -- THAT WE ARE SOMEWHAT CONTINGENT ON THIRD PARTIES ON THESE GRANTS. HOW DOES THAT BREAK DOWN BETWEEN, SAY, PARD, LIBRARIES, YOU KNOW, PRIMARY CARE?

WELL, A MAJORITY OF THOSE GRANTS ARE IN HEALTH AND HUMAN SERVICES. FOR EXAMPLE, THE ACTUAL BUDGET FOR HEALTH AND HUMAN SERVICES IS 58,177,000. THEIR TOTAL BUDGET IS ABOUT 81 MILLION. SO A LARGE PORTION OF THEIR OPERATIONS ARE GRANTS. BUT I CAN GET THE ADDITIONAL INFORMATION FOR YOU IN TERMS OF HOW THOSE GRANTS ACTUALLY BREAK DOWN. THE OTHER THING THAT WE DO WITH THESE GRANT SERVICES IS -- IS WHEN WE BRING ON -- WHEN WE BRING ON THAT PARTICULAR PROGRAM, THERE'S AN UNDERSTANDING THAT -- THAT IF -- IF IN FACT THE GRANT WAS TO GO AWAY, WE WOULD HAVE TO DECREASE THOSE SERVICES. QUITE A FEW OF THE GRANTS THAT WE HAVE NOW WE'VE HAD FOR A WHILE AND THEY ARE PRETTY STABLE.

WYNN: OKAY. SO THE VAST MAJORITY OF OUR GRANT FUNDING IS PRETTY MUCH IN THE HEALTH ARENA?

YES.

IN THE PARKS DEPARTMENT ONLY 3 MILLION ARE FOR GRANTS.

WYNN: OKAY, THANK YOU, MAYOR.

Mayor Garcia: COULD YOU PUT SLIDE NUMBER 7. ON THIS ONE, CHIEF, ONE OF THE THINGS THAT IS GOING TO HAPPEN IN THE NEXT FISCAL YEAR IS THAT THE TRAVIS COUNTY MEDICAL SOCIETY, I THINK I MENTIONED THIS TO YOU IN ONE OF OUR MEETINGS AT THE OFFICE, THE -- THE TRAVIS COUNTY MEDICAL SOCIETY IS GOING TO UNVEIL SOMETIME IN THE EARLY FALL, THE ACCESS PROGRAM. WHERE EVERYBODY THAT -- THAT IS IN THE -- I GUESS THE UNINSURED WORKING POOR, WILL BE ABLE TO HAVE ACCESS TO OUR PHYSICIANS. THEY WANT EVERYBODY TO HAVE A MEDICAL HOME. I WOULD LIKE TO ENSURE THAT YOU MAKE THE CONTACT WITH THE LEADERSHIP, I THINK IT'S DR. McCORES AND DISCUSS HOW IT IS THAT -- THAT -- I WILL TALK SOME MORE TO TRISH AND TO DAVID WHEN THEY COME UP, HOW THIS PROGRAM THAT THEY ARE PROPOSING DOVE TAILS WITH WHAT -- WHAT WE DO IN THE CITY. SO I JUST WANTED TO MENTION THAT. THEY ARE BE UNVEILING THAT SOMETIME THIS FALL. FURTHER QUESTIONS FOR THE CHIEF? OKAY. THANK YOU, CHIEF. MR. OLIVERES?

THANK YOU, MAYOR, MEMBERS OF THE COUNCIL, CITY MANAGER. YOUR PROPOSED BUDGET FOR THE PARKS AND RECREATION DEPARTMENT CAN BE FOUND IN POLICY BUDGET PAGES 83 THROUGH 89. AND VOLUME 2, PAGES 307 THROUGH 406. THE PROPOSED BUDGET FOR FISCAL YEAR '02 '03 IN THE PARKS AND RECREATION DEPARTMENT IS 88.2 MILLION. THE SCHEDULE OF ITS USES IS AS FOLLOWS: SUPPORT SERVICES IS 1.9 MILLION, SPORTS MANAGEMENT 11 MILLION, PUBLIC SAFETY 2.5 MILLION, NATURAL RESOURCES 1.5 MILLION, FACILITIES SERVICES 8.7 MILLION, COMMUNITY SERVICE 12.7 MILLION, [INAUDIBLE] 6:00 .2 MILLION, OUR CAPITAL REQUIREMENT ARE 42 MILLION, TRANSFERS AND OTHER REQUIREMENTS ARE 1.6 MILLION AND OUR GOLF SURCHARGE FUND IS 100,000. YOUR NEXT SLIDE IS A BREAKDOWN OF YOUR F.T.E.S. IN FISCAL YEAR 2001-2002 YOUR PARKS DEPARTMENT HAD A TOTAL OF 974.5 F.T.E.'S. IN YOUR PROPOSED FISCAL YEAR 2002-2003 PROPOSED BUDGET, A TOTAL OF 422.75 F.T.E.'S WILL BE AVAILABLE. THIS IS A TOTAL CUT OF 78.75 F.T.E.'S THAT WE HAVE BEEN ABLE TO WORK THROUGH A VERY STRATEGIC PROCESS. THESE DECISIONS HAVE BEEN VACANT FOR OVER A YEAR NOW THAT WE HAVE BEEN WORKING TOGETHER WITH THE CITY MANAGER TO BRIDGE THAT GAP. NO BASIC SERVICES WILL BE AFFECTED. NO FACILITIES WILL BE CLOSED AND OUR PROGRAMS WILL CONTINUE TO BE COVERED IN THE COMMUNITY. THE MAME PROGRAM HIGHLIGHTS IN THE GENERAL FUND INCLUDE 342,690,000 INCREASE ASSOCIATED WITH EMPLOYEE BENEFITS. 78,438,000 INCREASE IN MOWING AND MAINTENANCE DUE TO ANNEX ACTION. 1,381,386,250. 75,000 INCREASE FOR REPLACEMENT OF MOWERS AND TRAILERS. 170,000 INCREASE FOR THE SENIOR LUNCHEON PROGRAM. 78,216 FOR TWO F.T.E.'S TO COMPLETE BACKGROUND CHECKS AS PER THE CHILD CARE ORDINANCE PASSED EARLIER IN THE YEAR BY COUNCIL. THE NEXT OVERHEAD IS TO SHOW YOU ONE OF OUR CUTS WHERE WE MADE SOME -- SOME SAVINGS WAS IN OUR CONTRACT MOWING. WE ARE -- WE ARE SHOWING IN THIS CHART THAT WE HAVE BEEN ABLE TO MAINTAIN A CONSTANT LEVEL OF MOWING WITHIN OUR CYCLES. THE ONLY IMPACT THAT WE WILL SEE IN THIS PARTICULAR UNIT WILL BE OUR MOWING CYCLES ARE BETWEEN 14 TO -- 14 TO 15 DAYS. THE MOWING CYCLES WILL MOVE TO ABOUT 15 15 TO 17 DAYS. IN ADDITION TO THAT, WE HAVE ADDED ABOUT 60,000 TO THE BUDGET TO START MAINTAINING HOWARD LANE, AS IT'S BEEN BUILT OUT AND HAS BEEN PLANTED WITH TREES ALREADY. AND ALSO TO MAINTAIN SOUTH FIRST BOULEVARD THAT LEADS INTO AKINS HIGH SCHOOL, THESE TWO WILL BE MAINTAIN ODD A REGULAR SCHEDULE NOW -- MAINTAINED ON A REGULAR SCHEDULE NOW. YOUR SUMMER PLAYGROUND PARTICIPANT HOURS, AS YOU CAN SEE, HAVE REMAINED VERY CONSTANT. WE OPERATE AT -- WE OPERATED 41 SITES THROUGHOUT THE CITY THIS SUMMER. ALL OF YOUR PLAYGROUND SITES WILL CONTINUE TO REMAIN OPEN. AS THIS IS ONE OF THE MOST POPULAR ACTIVITIES DURING THE SUMMER THAT PARKS AND RECREATION DEPARTMENT OFFERS. WE ARE PROPOSING TO MAINTAIN THE PARTICIPANT HOURS THROUGHOUT FISCAL YEAR TO '03 NO SITES WILL BE ELIMINATED OR CLOSED. TOTALLY COOL TOTALLY ART PROGRAM AS SOME OF YOU KNOW HAS BEEN VERY -- THE PROGRAM HAS BEEN NATIONALLY RECOGNIZED. YOUR PARTICIPANT HOURS IN THIS PROGRAM HAVE REMAINED VERY STEADY, HAVE GROWN THROUGHOUT THE YEARS. THIS IS A NATIONALLY RECOGNIZED PROGRAM BY THE NATIONAL RECREATION PARKS ASSOCIATION. AS WE MENTIONED EARLIER IN THE YEAR, THIS IS A PROGRAM THAT THEY WILL BE PROMOTING. THIS TEEN PROGRAM HAS A NATIONAL MODEL FOR OTHER COMMUNITIES TO USE AND THIS PARTICULAR PROGRAM WAS DEVELOPED THROUGH THE SOCIAL FABRIC INITIATIVE. THIS IS GOING TO BE INTRODUCED AT THE NATIONAL CONFERENCE AS A MODEL AS HOW OTHER CITIES CAN TAKE ADVANTAGE OF PROGRAMMING FOR THEIR TEENS THROUGH THE ARTS. THIS PROGRAM IS BEING OFFERED AT ALL OF YOUR RECREATION CENTER SITES THROUGHOUT THE CITY. BARBARA JORDAN OUTREACH PROGRAM HAS BEEN ONE OF OUR FASTEST GROWING PROGRAMS IN THE CITY. WE OFFER -- THIS IS A COLLABORATION BETWEEN THE INDEPENDENT SCHOOL DISTRICT AND THE CITY OF AUSTIN. WE UTILIZE THE SCHOOL AT -- AT THIS NEIGHBORHOOD TO OFFER AFTER SCHOOL PROGRAMS AND SUMMER PLAYGROUND PROGRAMS. BARBARA JORDAN WAS ONE OF THE TOP THREE SITES THIS SUMMER WITH THE HIGHEST PARTICIPATION FOR HOURS AND PARTICIPANT COUNTS. AND WE CONTINUE TO WORK WITH THE SCHOOL DISTRICT. AS YOU CAN SEE THE CONSTANT LEVEL OF GROWTH IN THE PARTICIPANT HOURS IN THIS PARTICULAR DEMOGRAPHIC PART OF THE CITY. WE CONTINUE TO COLLABORATE WITH THE SCHOOL DISTRICT WHILE WE PLAN AND WE DESIGN THE NEW RECREATION CENTER THAT WILL BE BUILT IN THIS COMMUNITY.

THE SUMMER RECREATION ACADEMY. AS YOU CAN SEE THE PARTICIPANT HOURS HAVE REMAINED PRETTY CONSTANT. WE ANTICIPATE MAINTAINING THE SAME LEVEL OF HOURS AND PARTICIPANT COUNTS FOR THIS PARTICULAR SERVICE. THIS ACTIVITY IS PART OF THE DEPARTMENT'S COST EFFICIENCY GOAL. THE DEPARTMENT HAS REDUCED THE FINANCIAL IMPACT TO THE CITY BY 134,000 AND WILL SUSTAIN THIS PROGRAM BY COMBINING IT WITH OUR NEIGHBORHOOD TEEN PROGRAM. THAT IS OFFERED THROUGHOUT THE YEAR AT RECREATION CENTERS. THIS PROGRAM WILL BE OFFERED AT ALL RECOLLECTION AREAS CENTERS WHILE STILL REALIZING A SAVINGS TO THE CITY AND THE SERVICE WILL STILL BE ABLE TO BE DELIVERED TO THESE YOUTH. AS YOU CAN SEE, WE HAVE PUT UP THE PARD FACILITY INVENTORY. THROUGHOUT THE YEARS YOUR PARK SYSTEM HAS REALLY GROWN. YOU HAVE A TREMENDOUS AMOUNT OF AMENITIES AND THAT -- THAT DELIVER A TREMENDOUS AMOUNT OF SERVICE TO THIS COMMUNITY. WE HAVE BEEN WORKING ON THIS BUDGET FOR THE PREVIOUS TWO YEARS. WE HAVE BEEN VERY -- VERY STRATEGIC ABOUT WHERE WE MADE OUR CUTS. WE ARE -- WE ARE MAKING SURE THAT EVERY LEVEL OF SERVICE THAT WE DELIVER OUT IN THE COMMUNITY IS NOT BEING AFFECTED. AS YOU CAN SEE, MOST OF THE OTHER CITIES THROUGHOUT THE STATE AND PARK SYSTEMS HAVE REALIZED A TREMENDOUS AMOUNT OF IMPACT. OUR GOAL WAS TO MAKE SURE THAT WE STRATEGICALLY PLANNED OUR CUTS AND NOT LET ANY EMPLOYEES OFF AND WE HAVE ACHIEVED THAT GOAL. WE WILL CONTINUE TO WORK TOGETHER WITH OUR STAFF TO BRIDGE THE GAP THAT WE ARE CHALLENGED WITH. WE WILL CONTINUE TO COLLABORATE WITH AS MANY AGENCIES AS POSSIBLE. WE WILL PARTNER WITH AS MANY STAKEHOLDERS OUT IN THE COMMUNITY TO LEVERAGE OUR DOLLARS THAT WE CAN GET OUR HANDS ON SO THAT THE BASIC SERVICE THAT THE PARKS AND RECREATION DEPARTMENT IS DELIVERING WILL NOT BE AFFECTED IN ANY WAY, ANY SHAPE AND FORM. OUR PROGRAMS WILL CONTINUE TO BE DELIVERED AS THE COMMUNITY EXPECTS YOUR PARKS DEPARTMENT TO DELIVER. MAYOR, THAT CONCLUDES OUR PRESENTATION. IF THERE'S ANY QUESTIONS, WE WILL BE GLAD TO ANSWER IT.

Mayor Garcia: FURTHER QUESTIONS FOR MR. OLIVERES?

WYNN: MAYOR?

Mayor Garcia: COUNCILMEMBER WYNN?

WYNN: MR. OLIVERES, WHAT IS MEANT BY THE SUMMER PLAYGROUND PARTICIPANT HOURS? IS THAT A VERY SPECIFIC PROGRAM? THAT DOESN'T COUNT WHEN I BRING MY KIDS TO THE PLAYSCAPE AND JUST SPEND A COUPLE OF HOURS.

THIS IS A STRUCTURED DROP-IN PROGRAM THAT WE OFFER THROUGHOUT THE CITY FOR A PERIOD OF 8 WEEKS. IT'S A FREE PROGRAM THAT IS DELIVERED AT -- AT DRADTRADITIONAL NEIGHBORHOOD PARKS, AT SOME HOUSING AUTHORITY SITES, SOME SCHOOL SITES. THIS IS PROBABLY YOUR MOST TRADITIONAL PLAYGROUND PROGRAM IN THE NATION. THIS IS WHAT THIS PARK SYSTEM WAS DEVELOPED AROUND. IT'S YOUR SUMMER PLAYGROUND PROGRAM.

WYNN: SO 240,000, THAT'S -- THAT'S KID HOURS, I GUESS, RIGHT? AND IN EIGHT WEEKS, THAT'S REMARKABLE, THAT'S 30,000 HOURS A WEEK.

THAT'S CORRECT.

WYNN: PARTICIPANT HOURS.

IT'S A VERY, VERY POPULAR PROGRAM. IT'S -- IT'S SOMETIMES IT'S PROBABLY THE ONLY OUTLET THAT SOME FAMILIES HAVE IN ORDER TO -- FOR THEIR KIDS TO BE BUSY DURING THE SUMMER AS THEY GO TO WORK. WE HAVE -- WE HAVE VERY QUALIFIED STAFF THAT IS VERY WELL TRAINED. A LOT OF THEM ARE EITHER COACHES OR TEACHERS OR INTERNS FROM THE UNIVERSITY. THAT IS ONE OF THE MOST POSITIVE PARTICULAR PROGRAMS BESIDES OUR PRODUCTS AND SUMMER CAMPS, PROGRAMS THAT WE OFFER. OUR NUMBERS OR ASTRONOMICAL. IT BASICALLY SHOWS OUR COMMUNITY SUPPORTS THESE PROGRAMS AND THERE IS A TREMENDOUS NEED FOR THEM, ALSO.

WYNN: ON YOUR SLIDE NUMBER 20, YOUR PARD FACILITY INVENTORY, JUST A COUPLE OF THINGS STRIKE ME AS NOT BEING SHOWN. SOCCER FIELDS. OUR INVENTORY OF SOCCER FIELDS IN THE PARKS DEPARTMENT AND LIKE DISC GOLF I GUESS ISN'T SHOWN. THERE ARE SEVERAL THINGS THAT AREN'T ON HERE.

RIGHT. THIS IS -- WE WOULD PROBABLY HAVE TO PROVIDE ABOUT THREE OR FOUR OR FIVE PAGES OF -- SO WE GAVE THE HIGHLIGHTED AREAS, BECAUSE A LOT OF THE -- A LOT OF THE FIELDS THAT YOU MENTIONED WOULD BE LOCATED IN SOME OF THESE METROPOLITAN PARKS.

WYNN: I WOULD LIKE TO GET A CURRENT COUNT ON SOCCER FIELD INVENTORY AND OBVIOUSLY SOCCER IS -- CONTINUES TO GROW IN POPULARITY. AND OF ALL OF THE -- SEEMS TO ME OF ALL OF THE PARD FACILITIES, WE ARE PROBABLY FURTHER BEHIND JUST IN THIS WALL OF NUMBERS, WHEN WE LOOK AT THE HUNDREDS OF THOUSANDS OF ADULTS AND KIDS THAT PLAY SOCCER IN THIS REGION, SEEMS LIKE WE ARE -- WE ARE HAVING A HARD TIME CATCHING UP. I WOULD LIKE TO SEE JUST A --

WE CAN GIVE YOU AN INVENTORY OF -- OF ALL OUR PARKS THAT HAVE AN OPPORTUNITY TO PROVIDE THE -- THE SOCCER ACTIVITY. AND NOT ONLY THAT, BUT WE CAN ALSO GIVE YOU THE INVENTORY THAT -- THAT WE ALSO HAVE AS TO THE MULTIPLE USE OF SOME OF THE FACILITIES THAT CAN BE UTILIZED FOR FOOTBALL, SOCCER AND OTHER ACTIVITIES, RUGBY, FOR EXAMPLE. AND ALSO PROVIDE YOU WITH THE FACILITIES THAT ALSO WE JOINTLY USE TOGETHER WITH THE SCHOOL DISTRICT.

WYNN: THANK YOU.

Thomas: THANK YOU, MAYOR, ALSO, MR. OLIVERES, COULD YOU ALSO -- THE MAINTENANCE ON -- ON YOUR [INAUDIBLE] LIKE TENNIS COURTS, ALSO, SOCCER FIELDS THAT ARE STILL IN LIMBO IN DIFFERENT AREAS THAT ARE SUPPOSED TO HAVE A SOCCER FIELD THAT WE ARE TRYING TO NEGOTIATE WITH.

YES, SIR. ANOTHER QUESTION ON 2.5 IN PUBLIC SAFETY, IS THAT EQUIPMENT?

YES, SIR, THAT INCLUDES THE ENTIRE [INAUDIBLE]

Thomas: FOR THE '02 AND '03 RIGHT?

YES.

Thomas: WHEN ARE WE PLANNING ON, I GUESS THAT'S FOR THE CHIEF, TO MERGE PARK POLICE AND -- AND CITY -- THE PARK POLICE AND CITY MARSHALS?

CURRENTLY WHAT WE ARE DOING IS COMING UP WITH SORT OF A CROSS FUNCTIONAL MANAGEMENT MODEL. BASICALLY PARK POLICE AND MARSHALS ARE STILL UNDER THEIR RESPECTIVE DEPARTMENTS RIGHT NOW. BUT A MANAGER FROM A.P.D. HAS BEEN ASSIGNED TO LIAISON, WORK WITH THEM SO THAT THEY WILL TRY TO GET THOSE DEPARTMENTS ACCREDITED ALONG WITH THE POLICE DEPARTMENT AND A -- ALIGN THEIR WAYS OF OPERATING AS WELL. SO THE MOVEMENT TOWARDS THAT IS ALREADY -- THERE'S [INAUDIBLE] RESPECTIVE DEPARTMENTS.

Thomas: THANK YOU.

Alvarez: I APPRECIATE I GUESS WHAT WE ARE TRYING TO DO IN THE DEPARTMENT TO TRY TO STILL PROVIDE ALL OF THE PROGRAMS. REALLY FOCUSING ANY KIND OF CUTS MAINLY ON SOME OF THE VACANT POSITIONS THAT WE HAVE -- THAT HAVE BEEN I GUESS THERE WERE SOME POSITIONS THAT HAVE BEEN VACANT FOR A VERY LONG TIME. I WAS JUST INTERESTED, THOUGH, A LITTLE BIT IN THE ROVING LEADER, BECAUSE I KNOW THAT WE ARE ELIMINATING, I THINK IT'S THREE POSITIONS. I THINK THAT THE BACKUP SAID THAT ONE -- ONE OF THOSE HAD BEEN VACANT FOR MORE THAN A YEAR. HAD THE OTHERS BEEN VACANT FOR --

THEY HAVE BEEN VACANT A GOOD WHILE.

Alvarez: A GOOD PORTION OF THAT FISCAL YEAR, ALSO?

YES, SIR. AND THAT WAS OUR APPROACH THAT WE DIDN'T WANT TO PUT A BODY IN AN F.T.E. THAT SIX MONTHS LATER WE WERE GOING TO HAVE TO -- TO HAVE TO ELIMINATE. SO WE WERE VERY CAREFUL ON HOW WE WERE FILLING OUR POSITIONS. SIMPLY BECAUSE WE KNEW THAT WE WERE GOING TO HAVE TO BE GOING THROUGH THIS EXERCISE. AND WE -- WE WERE VERY CONSCIOUS SO AS NOT TO LAY ANYBODY OFF.

Alvarez: THREE POSITIONS THAT ARE BEING ELIMINATED THAT ARE ALREADY VACANT.

YES, SIR.

HOW IS THE CUT THAT YOU ARE WORKING WITH ON THE PROGRAM, HOW ARE WE IN ALL OF THE REC CENTERS OR ALL OF THE FACILITIES THAT WE WANT TO BE, HOW DOES THAT WORK?

IT'S WORKING WELL. WE ARE PARTNERING WITH THE NEIGHBORHOODS, WE ARE PARTNERING WITH YOUTH ORGANIZATIONS, WE ARE LEVERAGING ALL OF THE RESOURCES THAT WE CAN OBTAIN IN ORDER FOR US TO CONTINUE TO REACH TO THESE KIDS THAT ARE IN NEED OF -- FOR THESE SERVICES. SO -- SO IT'S -- IT'S GOING TO BE A -- GOING TO BE A BIG CHALLENGE, BUT I THINK YOUR STAFF AND -- AND ALL YOUR COMMUNITY LIAISONS HAVE -- HAVE STEPPED UP TO THE PLATE AND ARE WILLING TO -- TO CONTINUE TO WORK WITH US TO MAKE A DIFFERENCE IN THESE KIDS' LIVES.

Alvarez: BASICALLY THE LEVEL OF SERVICE THAT WE HAVE BEEN ABLE TO PROVIDE FOR THE MAJORITY OF THIS PAST FISCAL YEAR IS GOING TO BE CONTINUED?

IT'S MAINTAINED AT -- AT THE SAME LEVEL.

Alvarez: OKAY.

Futrell: COUNCILMEMBER, I THINK THAT'S A VERY IMPORTANT POINT. AS WE ARE TRYING TO GO BACK THROUGH OUR BUDGET THEMES, AS WE GET THROUGH THESE PRESENTATIONS, THIS IS BACK TO THE REAL BUDGET VERSUS A VIRTUAL BUDGET. A BUDGET WHERE YOU KNOW BECAUSE OF THE STRUCTURAL IMBALANCE THAT WE CAN'T IMPLEMENT THE BUDGET AFTER IT IS ADOPTED BECAUSE YOU HAVE TO PRODUCE A SAVINGS FOR THE ENDING BALANCE. SO ALMOST WITHOUT EXCEPTION, THE CUTS THAT YOU WILL SEE IN THESE DEPARTMENTS ARE CUTS THAT BASICALLY HAVE ALREADY OCCURRED. AND HAVE BEEN IN PLACE FOR ALMOST A YEAR AND IN MANY CASES OVER A YEAR. SO YOU ARE -- WE ARE TRYING TO COMPARE TO YOUR REAL OR ACTUAL SERVICE LEVEL THIS CURRENT YEAR WITH WHAT'S BEING PROPOSED IN '03. AND THIS IS ONE OF THE EXAMPLES, BUT THERE ARE MANY MORE AS WE ARE GOING TO GO THROUGH THESE SETS OF DEPARTMENTS.

Alvarez: NO. I THINK THAT'S -- I THINK THAT'S A GOOD -- THAT'S A GOOD WAY OF APPROACHING IT. ESPECIALLY IF WE CAN ACHIEVE THE SAME LEVEL OF SERVICES WE HAVE BEEN ABLE TO, THIS FISCAL YEAR, AND JUST CONTINUE THOSE TO THE NEXT YEAR AND HOPEFULLY, YOU KNOW, THE ECONOMIC SITUATION WILL CHANGE AND WE CAN -- WE CAN TRY TO -- TO BUILD THESE PROGRAMS A LITTLE MORE. BUT THE OTHER QUESTION THAT I HAD TO DO WITH -- WITH ART IN PUBLIC PLACES, BECAUSE I THINK I READ SOMEWHERE IN THE BACKUP, I'M NOT SURE IF IT WAS IN THIS SECTION OR ANOTHER SECTION ABOUT -- ABOUT EITHER ONE POSITION OF THAT BEING IN THE ECONOMIC DEVELOPMENT DEPARTMENT AND MAYBE I'M JUST MAKING THAT UP -- IS THAT RIGHT?

NO.

I THOUGHT THAT I READ IT SOMEWHERE IN THE BUDGET THAT -- THAT ONE OF THOSE POSITIONS WAS GOING TO BE TRANSFERRED, BUT I DID NOTICE THAT THERE WAS STILL SOME -- THE ADMINISTRATION STILL IN PARD, BUT THAT PART OF THAT WAS GOING TO BE A --

WE HAVEN'T HAD THAT DISCUSSION YET.

Alvarez: OKAY.

YOUR AIPP PROGRAM IS STILL IN -- INTACT AND --

WELL, IT MAY HAVE BEEN. IT WAS KIND OF AN -- A PROGRAM, BUT I DON'T KNOW IF IT WAS THIS ONE --

YOU ARE CORRECT, YOU DID READ THAT. WHAT WE ARE DOING IS IN THE BUDGET -- IN THE BUDGET IS THERE WAS A PARKS EMPLOYEE THAT WAS BEING -- IT WAS HOUSED IN PARKS AND PREDOMINANTLY WITH THE REDEVELOPMENT SERVICES DEPARTMENT. BASICALLY WE ARE JUST CLEANING UP. WE DID MOVE THAT F.T.E. SO PURPOSES OF DISCLOSURE WE HAD TO ACKNOWLEDGE THAT WE -- IT'S NOT IMPACTING THE PROGRAM.

Alvarez: IT NOT -- THE ENTIRE PROGRAM IS JUST --

IT'S INTACT.

Alvarez: AN EMPLOYEE THAT WAS BASICALLY JUST DEDICATING THEIR TIME TO SORT OF THE REDEVELOPMENT.

Futrell: THIS WAS AN EMPLOYEE THAT ACTUALLY DID A LOT OF WORK OUT AT THE AIRPORT, NATURE AND CHARACTER OF THE AIRPORT. HAS SINCE AND IN FACT ALL YEAR BEEN WORKING AT ECONOMIC DEVELOPMENT LOOKING AT SORT OF THE DOWNTOWN NATURE AND CHARACTER AND ARTS ISSUES, INCLUDING THE CITY HALL AND OTHER PROJECTS. IT REALLY WAS A CLEANUP IN THE BUDGET.

Alvarez: OKAY. I JUST WASN'T SURE IF THAT WAS SOME KIND OF PROGRAMMATIC SHIFT THERE. I THINK THAT'S ABOUT IT. THANK YOU ALL VERY MUCH.

Mayor Garcia: COUNCILMEMBER WYNN?

WYNN: THANK YOU, MAYOR, I'M SORRY. A COUPLE MORE. SO JESUS, THE $3 MILLION IN GRANTS THAT'S PART OF YOUR $88.2 MILLION BUDGET, MY GUESS IS THOSE GRANTS ARE SORT OF VERY SPECIFIC PROGRAM-RELATED. YOU CAN -- IS IT SAYS TO IDENTIFY IN WHICH OWE OWE.

FOR EXAMPLE, YOUR SENIOR LUNCHEON PROGRAM, IT'S A GRANT. AND THE MAJORITY OF IT IS -- IS THERE. AND THEN JUST SOME OTHER -- SOME OTHER GRANTS THAT WE HAVE THROUGHOUT THE -- THROUGHOUT THE DEPARTMENT. BUT YOUR BULK OF YOUR GRANTS ARE IN YOUR SENIOR LUNCHEON PROGRAM.

WYNN: OKAY. LASTLY ON YOUR SCHEDULE OF USES PIE CHART, WE ARE SHOWING $1.6 MILLION TRANSFER/ OT $1.6 MILLION TRANSFER/OT HER. IS THAT WHERE THE PARKS DEPARTMENT IS ACTUALLY TRANSFERRING MONEY OUT TO GENERAL FUND OR WHERE IS THAT GOING?

BOTH IN AND OUT. THAT'S BASICALLY HOW -- HOW IT'S -- IT'S DEVELOPED IN THE BUDGET JUST TRANSFERS IN AND OUT OF THE DEPARTMENT THAT WOULD REQUIRE FOR US TO CONDUCT BUSINESS.

BUT THE NET IS A NET TRANSFER OUT OF 1.6 FROM PARD TO GENERAL FUND?

ONE THING TO CLEAR UP ON THIS PARTICULAR SLIDE IS THE ENTIRE PARKS DEPARTMENT, WHICH INCLUDES VARIOUS FUNDS, THE SOFTBALL FUND, THE RECREATION FUND --

RIGHT.

-- THE PARKS DEPARTMENT, THE OPERATIONS IS HOUSED IN THE GENERAL FUND, SO THERE WOULDN'T BE ANY TRANSFERS FROM THE PARKS OPERATING, PREDOMINANTLY OPERATING BUDGET WHICH WE HAVE BEEN DISCUSSING INTO THE GENERAL FUND BECAUSE IT'S ALREADY HOUSED THERE. IT WOULD BE TRANSFERS FROM SOME OF THE ENTERPRISE FUNDS TO THE PARKS OPERATING FUND OR TO SOME OF THE OTHER SUPPORT AREAS.

WYNN: OKAY. I GUESS I DIDN'T REALIZE THAT SOME OF OUR SPORTS RELATED OR PARKS RELATED ENTERPRISE FUNDS ACTUALLY, YOU KNOW, TRANSFER -- TRANSFER FUND OUT. I JUST ASSUMED THEY WERE ALL EFFECTIVELY BREAK EVEN SERVICE PROVIDERS.

WHAT WE WILL DO IS WE WILL PROVIDE YOU A BREAKDOWN OF EXACTLY WHAT THE 1.6 IS. A LOT OF IT IS THE SUPPORT THAT THE ENTERPRISE FUNDS RECEIVE FROM THE GENERAL FUND PORTION OF IT.

WYNN: OF PARD, OKAY.

Goodman: MAYOR?

Mayor Garcia: MAYOR PRO TEM?

Goodman: I WOULD LIKE TO CHECK ON THE STATUS OF A FEW THINGS TO SEE IF THEY WERE IMPACTED BY THIS YEAR'S BUDGET. AND ONE OF THEM IS -- OUT OF OUR 46 POOLS, I DON'T KNOW HOW MANY WE HAVE THAT ARE STILL FILL AND DROP, BUT ARE WE STILL SCHEDULED FOR THE WATER CONSERVATION RETRO?

THERE'S TWO. SORRY. AND TWO POOLS THAT ARE STILL FILL AND DRAWS, PALM PARK AND SAINT JOHN'S, BUT THEN YOU ALSO HAVE SOME OF THE WADING POOLS STILL ON THE LIST AND WE WILL CONTINUE TO WORK WITH THE CONSERVATION OFFICE. AS SOME OF YOU ARE AWARE WE CONVERTED SOME OF THE WADING POOLS THIS SUMMER. METZ, WE CAME -- THE WADING POOL WAS CONVERTED INTO A WATER PLAYSCAPE. STACY SPOOL WAS ALSO CONVERTED INTO FILTRATION. SO WE ARE GOING TO CONTINUE TO WORK WITH THE CONSERVATION OFFICE TO UTILIZE THAT PARTICULAR ROSE TO CONTINUE TO CONVERT SOME OF THE WADING POOLS.

MAYOR PRO TEM, WE CAN GIVE YOU A SCHEDULE THAT SHOW GOES YOU WHEN WE STARTED AND HOW WE HAVE TRIED INCREMENTALLY BRING THE POOLS ONLINE. WE WILL WORK OUT A SCHEDULE FOR YOU TO SHOW YOU THAT.

Goodman: OH, FINE BECAUSE SOME PEOPLE DO ASK. I JUST SEND THEM OVER TO JESUS. SPEAKING OF FIELDS, IS THERE ALSO SOME WAY TO LAY OUT OUR INVENTORY OF THE BASEBALL FIELDS AND SOME OF THE IMPROVEMENTS THAT WE HAVE BEEN WORKING TOWARD AND THE STATUS ON THAT, WHETHER WE WOULD BE ABLE TO IMPROVE ANYTHING THIS YEAR? I'M THINKING AN EASY ONE, EXCUSE ME, TO IDENTIFY ARE THE LIGHTS AT CRIED -- KRIEG.

THE LIGHTS AT KRIEG COMPLEX WE HAVE ALREADY APPROVED THEM. HOPEFULLY WE SHOULD HAVE THEM READY AND IN PLACE BY THE END OF THE YEAR, HOPEFULLY. THIS WAS A PARTNERSHIP THAT WE DEVELOPED TOGETHER WITH AUSTIN ENERGY SO THAT WE COULD EXPEDITE THE REPLACEMENT OF THOSE LIGHTS. THEY ARE A LITTLE BIT OVER 20 YEARS OLD.

Goodman: AND THERE WAS ALSO A PARK, WHICH I WILL TELL YOU WHICH ONE LATER, I WENT TO THEIR NATIONAL NIGHT OUT THIS YEAR. AND THEY ARE EXPECTING MORE LIGHTS. ONE WAS PUT IN. BUT THE REST HAVEN'T MADE IT YET. SO I WONDER -- I WANTED TO CHECK ON THAT.

IF YOU CAN LET US KNOW, WE CAN CHECK ON THAT WORK ORDER.

Goodman: FOLKS HAVE ASKED ABOUT THE VELOWAY. I GUESS RESEALING. I DON'T KNOW WHAT DO YOU DO TO THE VEL LOW -- VELOWAY.

RIGHT. WE TOOK AN ITEM TO COUNCIL TOGETHER WITH ANOTHER PAVING PROJECT TO LOOK AT A SLURRY TYPE OF PROCESS. WE ARE WORKING WITH THE ROLLER SKATING COMMUNITY TO SEE IF THIS PARTICULAR PROCESS IS GOING TO BE CONDUCIVE FOR WHAT A VELOWAY SHOULD HAVE AS A SURFACE. WE ARE GOING TO BE TRYING SOME OF THE -- SOME OF THE POSSIBLY DOING TESTS IN CERTAIN STREETS TO SEE HOW THE SMOOTHNESS OF THE PAVEMENT WILL -- WILL BE REALIZED BEFORE WE MOVE FORWARD WITH THE PROJECT.

Goodman: OKAY. THE ONLY OTHER THING THAT I WANTED TO ASK ABOUT WAS IN REPLACING THE MOWERS, YOU KNOW, EVERY TIME THERE'S A -- EVERY TIME THERE'S A PUBLIC VEHICLE DISPLAY OR FAIR IN ESSENCE WHERE THEY COME TO THE CONVENTION CENTER AND SHOW THEIR WEARS, THERE HAVE -- WARES, THERE HAVE BEEN MOWERS FOR MAYBE FIVE YEARS, I GUESS, THAT ARE MORE ENVIRONMENTALLY FRIENDLY WHERE YOU ACTUALLY COULD EVEN USE THEM ON AN OZONE DAY WITHOUT ADDITIONAL POLLUTION IN THE AIR. ARE WE THINKING OF THAT IN OUR -- IN OUR REPLACEMENT?

WE HAVE WORKED TOGETHER WITH FLEET AND PURCHASING TO LOOK AT WHAT IS AVAILABLE FOR US IN THE MARKET. AND WE WILL CERTAINLY WORK ON THAT TO -- AS WE GO THROUGH THE PROCESS OF REPLACING OUR FLEET. OUR FLEET IS OVER 10 YEARS OLD NOW.

Goodman: THERE WERE A COUPLE OF FAIRLY NEARBY DISTRIBUTORS OR AT LEAST BROKERS IN ESSENCE. IN GEORGETOWN. ROUND ROCK, I THINK.

WE WILL WORK WITH PURCHASING AND FLEET.

Goodman: THANKS, MAYOR.

Mayor Garcia: FURTHER QUESTIONS? JUST TO -- JUST A COMMENT, MR. OLIVERES. IN THIS PAST YEAR I'VE VISITED A COUPLE OF DEDICATIONS OVER IN THE NATURE CENTER. WHERE YOU HAVE HAD SIGNIFICANT INVOLVEMENT, FINANCIAL INVOLVEMENT BY SOME PRIVATE SECTOR FOLKS. AND SEEMS TO ME THAT THAT MODEL OUGHT TO BE REPLICATED AS MANY TIMES AS WE CAN. I DON'T KNOW WHETHER YOU HAVE WRITTEN ANYTHING ON HOW YOU DO ALL OF THIS --

IT'S -- IT'S PART OF OUR PROCESS TO LEVERAGE EVERY DOLLAR THAT WE CAN GET OUR HANDS ON. AND JUST CONTINUE TO PARTNER WITH AS MANY SUPPORT GROUPS AS WE CAN AND IT'S -- IT'S THE PROCESS THAT WE UTILIZE THROUGH OUR ADOPT A PARK COMMITMENT THAT -- THAT WE HAVE BEEN ABLE TO DEVELOP WITH THE COMMUNITY. AND THE -- AND THE HARTMAN PREHISTORIC GARDEN WAS A PERFECT EXAMPLE OF THE INDIVIDUALS OUT IN THE COMMUNITY, THE HARTMANS COMING OUT AND PROVIDING US WITH A TREMENDOUS GIFT OF OVER $700,000 TO DEVELOP THIS COMPONENT THAT HAS BECOME A CURRICULUM COMPONENT FOR THE SCHOOL DISTRICT. WE ARE IN THE PROCESS NOW OF DEVELOPING THE DINOPIT THAT WILL ALSO BE PART OF THE CURRICULUM, PART OF THE CURRICULUM FOR THE SCHOOL DISTRICT. WE HAVE PARTNERED WITH THE UNIVERSITY OF TEXAS AND WITH THE PRIVATE SECTOR AND COUNCILMEMBER WYNN HAS BEEN VERY MUCH INVOLVED IN THAT PARTICULAR PROCESS TOGETHER WITH US, HAS GIVEN A LOT OF HIS CONTRIBUTIONS TO THIS PROJECT. BUT THAT'S WHAT IT'S GOING TO TAKE IN ORDER FOR US TO TAKE THIS PROGRAM TO THE NEXT LEVEL. IS MAKING SURE THAT THE CLBABORATION THAT IS POSSIBLE TO BE ACCOMPLISHED OUT IN THE COMMUNITY IS VERY WELL EXPLORED AND EXECUTED TO ITS FULLEST.

ALSO ON THE SOCIAL FABRIC INITIATIVE, HOW MANY PROGRAMS ARE LEFT BESIDES TOTALLY OUR OWE OWE [INAUDIBLE]

YOU HAVE -- THE SOCIAL FABRIC INITIATIVE WAS ALLOWED FOR YOUR PLAYGROUND PROGRAM TO EXPAND. IT'S ROVING LEADER PROGRAM, YOUR NEIGHBORHOOD TEEN PROGRAM, YOUR SUMMER RECREATION, TEEN ACADEMY. THEY ARE ALL IN PLACE, SIR.

Mayor Garcia: HOW MANY PARTICIPANTS DO WE HAVE IN TOTALLY COOL, TOTALLY ART. I HAVE BEEN TO SOME OF THOSE FUNCTIONS AND IT SEEMS TO HAVE A VERY GOOD PARTICIPATION.

YOU HAVE OVER CLOSE TO -- CLOSE TO 1100 PARTICIPANTS IN THE TOTALLY COOL, TOTALLY ART PROGRAM. YOUR BIGGEST SITES THROUGHOUT THE CITY RANGE ANYWHERE FROM OVER 100 TO 150 PARTICIPANTS PER SITE.

Mayor Garcia: OKAY, FURTHER QUESTIONS FOR MR. OLIVERES? THANK YOU --

Goodman: MAYOR, THERE IS ONE, I FORGOT. I KNOW NEIGHBORHOODWOODS HAS A NEW NAME BUT I WANTED TO FIND OUT WHERE IT IS. IS IT IN PARKS STILL?

THIS IS A PARTNERSHIP WITH AUSTIN ENERGY AND TREE FOLKS AND THE PARKS DEPARTMENT. THE TREE FOLKS WILL BE GOING OUT AND WORKING IN THE COMMUNITY TO SELECT WHERE THE TREES WILL BE PLANTED. WE WILL MANAGE AND ASSIST THEM TO GET THE TREES TO THE SITES AND IT'S GOING TO BE FUNDED BY AUSTIN ENERGY.

Goodman: OKAY. BUT YOU WILL STILL HAVE URBAN FORESTRY INVOLVED IN THAT.

THEY ARE VERY MUCH INVOLVED IN THAT.

Goodman: OKAY, THANKS.

Mayor Garcia: THANK YOU VERY MUCH, SIR.

Futrell: AS WE MAKE THE TRANSITION TO OUR NEXT DEPARTMENT, I WOULD PROBABLY SAY JUST TO GIVE JESUS SOME KUDOS HERE, THERE'S PROBABLY NO DEPARTMENT IN THE CITY THAT LEVERAGES RESOURCES THROUGH VOLUNTEERS MORE EFFICIENTLY OR EFFECTIVELY THAN THE PARKS DEPARTMENT DOES. ALL OF THESE DEPARTMENTS THAT YOU WILL HEAR TODAY AND TOMORROW DO A TREMENDOUS JOB WITH VOLUNTEERS AND COMMUNITY SUPPORT. LIBRARY, ALSO, AND ALL OF OUR OTHERS. PARKS JUST HAS A PHENOMENAL AMOUNT OF COMMUNITY SUPPORT. RIGHT NOW WHAT WE ARE LOOKING FOR IS A NEW DEVELOPMENT, FRIENDS OF THE DEVELOPMENT REVIEW PROCESS. [ LAUGHTER ] SO IF ANYONE IS INTERESTED, WE ARE TAKING APPLICATIONS.

Goodman: MAYOR, I SHOULD CHIME IN THERE, TOO. SOME FOLKS WHO ARE VISITING HERE FROM OUT OF TOWN HAD HEARD ABOUT SOME OF THE AWARDS THAT THE PARKS DEPARTMENT, THEY ARE INVOLVED IN THEIR OWN PARKS DEPARTMENT, HAD HEARD ABOUT SOME OF THE AWARDS THAT WE HAVE WON. AND WERE REALLY IMPRESSED. THEN WHEN I WAS SHOWING THEM IN THE BUDGET BOOKS WHAT ALL PARKS DOES HERE, THEY WERE AMAZED. THEIR PARKS DEPARTMENT DOESN'T DO EVEN ONE THIRD AS MUCH AS OURS DOES.

Mayor Garcia: CITY MANAGER, THAT'S A GOOD POINT THAT YOU MAKE ABOUT DEVELOPING DIFFERENT FRIENDS FOR DIFFERENT GROUPS. ONE THAT'S NATURAL TO ME IS WATERSHED PROTECTION. BECAUSE SO MANY NEIGHBORHOODS COULD HELP US MAIN MAINTAIN THOSE CREEKS, CLEAN AND, YOU KNOW, DO SOME THINGS THAT -- AND, YOU KNOW, I THINK AMERICAN INSTITUTE FOR LEARNING HAS DONE SOME WORK WITH YOU GUYS OVER AT ONE OF THE PARKS.

Futrell: ACTUALLY ALSO WITH WATERSHED. WATERSHED IN THAT AREA WHAT KIND OF PARTNERED WITH PARKS AND USED THEIR VOLUNTEER SYSTEM. BUT I AGREE. AND I THINK WE CAN EXPAND ON THIS AND AS WE MOVE THROUGH '03 AND LOOK TO '04, WE ARE GOING TO BE TRYING TO CULTIVATE AS MUCH COMMUNITY SUPPORT AS WE CAN TO KEEP OUR SERVICES WHOLE. AS ANOTHER EXCELLENT EXAMPLE, WE HAVE THE LIBRARY. AND IF YOU WERE TO LOOK AT A COMPARATIVE OF WHAT WE SPEND PER CAPITA ON LIBRARIES AND WHAT WE PRODUCE, YOU HAVE ANOTHER PHENOMENAL EXAMPLE OF HOW THEY LEVERAGE THEIR DOLLARS. MIKE, I WILL TURN IT OVER TO YOU.

OKAY. BRENDA BRANCH OUR DIRECTOR OF LIBRARY SERVICES WITH OUR PRESENTATION.

GOOD MORNING MAYOR AND COUNCIL. YOU WILL FIND DETAILS OF THE PROPOSED BUDGET IN THE POLICY BUDGET DOCUMENT PAGES 67 THROUGH 71. AND VOLUME II, PAGES 263 THROUGH 304. FOR FISCAL YEAR 2002-2003 THE LIBRARY DEPARTMENT GOALS WERE AS FOLLOWS: TO MAINTAIN THE QUALITY, DELIVERY AND AWARENESS OF LIBRARY SERVICES TO BETTER MEET CUSTOMER NEEDS. TO PROVIDE CUSTOMERS WITH ACCESSIBLE, SECURE AND WELL MAINTAINED LIBRARY FACILITIES WITH APPROPRIATE TECHNOLOGICAL RESOURCES. AND TO AT TRACT, RETAIN AND DEVELOP A QUALITY AND DIVERSE WORKFORCE. THE PROPOSED BUDGET FOR FISCAL YEAR 2002-2003 IS 17,916,000. WHICH IS AN INCREASE OF 74,600 OVER THE PROJECTED ACTUAL FOR '01-'02. THE RECOMMENDED F.T.E.'S IS 315.3. WHICH IS A NET LOSS OF 10.1 F.T.E.'S. WE ARE ELIMINATING 28.1 VACANT F.T.E.'S IN THIS BUDGET, BUT WE WILL ADD 18 F.T.E.'S WITH THE OPENING OF THE CARVER AND RUIZ BRANCH LIBRARIES. HOWEVER, TO PUT THAT 28.1 IN PERSPECTIVE, THE LIBRARY OPERATED THE FIRST TWO QUARTERS OF THE CURRENT BUDGET YEAR HOLDING 25.225 F.T.E.'S VACANT AND HAD 44.5 F.T.E.'S VACANT UNTIL VERY RECENTLY. IN ADDITION, WE PLAN TO MINIMIZE THE IMPACT ON SERVICES BY UNDERTAKING PROCESS IMPROVEMENTS, WHICH I WILL EXPAND ON A LITTLE BIT LATER IN THE PRESENTATION. BY THE WAY, COUNCILMEMBER WYNN, WE HAVE ABOUT 1.4 MILLION IN GRANTS. ONLY 100,000 OF THAT IS DIRECT SERVICE TO THE CITIZENS. THE MAJORITY OF IT IS ELECTED WHERE WE SERVE AS A MAJOR RESOURCE FOR THE 60 PLUS LIBRARIES IN THE CENTRAL TEXAS AREA. AND WE PROVIDE -- WE COORDINATE SERVICES AND PROVIDE SERVICES TO THE LIBRARIES. HIGHLIGHTS FOR THE FISCAL YEAR 20032002-2002 BUDGET. IT INCLUDES REOPENING FOR ALL BRANCH LIBRARIES, OPENING THE NEWLY CONSTRUCTED DANIEL E. RUIZ BRANCH LIBRARY IN JULY 2003 AND OPENING THE NEWLY EXPANDED GEORGE WASHINGTON CARVER BRANCH IN NOVEMBER 2003. IT ALSO INCLUDES FULL BOOK BUDGET AND CATALOGING SERVICES. THERE ARE SOME PROPOSED FEE INCREASES TO MENTION ONE IN PARTICULAR. AN INCREASE OF FIVE CENTS PER TEMPER DAY FOR OVERDUE CHARGES FOR ADULT BOOKS AND RECORDINGS. WE DID NOT INCREASE THE FUND ON YOUTH MATERIALS. THAT WILL REMAIN FIVE CENTS A DAY PER ITEM. THERE ARE OTHER RELATED INFLATION INCREASES FOR OTHER FINES AND FEES SUCH AS OUR NON-RESIDENT FEE. SOME OF OUR KEY INDICATORS, AVERAGE DAILY VISITS SYSTEM-WIDE ARE NOT EXPECTED TO CHANGE SIGNIFICANTLY FROM THE FISCAL YEAR 2002 PROJECTED ACTUAL AMOUNT. MATERIALS SUPPORT PER CAPITA IS NOT EXPECTED TO CHANGE SIGNIFICANTLY FROM THE 2002 PROJECTED ACTUAL AMOUNT. MATERIALS SUPPORT PER CAPITA WILL BE $2.58 COMPARED TO 2.52 THE CURRENT YEAR. 2002-2003 CAPITAL BUDGET, ALL PROJECTS ARE ON SCHEDULE. THE SPICEWOOD SPRINGS BRANCH LIBRARY EXPANSION CONSTRUCTION PHASE, WHICH IS -- WHICH IS TARGETED FOR DECEMBER 2004 AS AN OPENING DATE AT 1.8 MILLION. THE TERRAZAS BRANCH LIBRARY EXPANSION CONSTRUCTION PHASE WHICH IS TARGETED TO OPEN DECEMBER 2004 AT 1.6 MILLION. THE NORTH VILLAGE BRANCH LIBRARY EXPANSION DESIGN PHASE, WHICH IS TARGETED TO OPEN DECEMBER 2005 AT 1.3 MILLION. THEN THE HVAC SYSTEM REPLACEMENT DURING THE CARVER BRANCH LIBRARY EXPANSION, WHICH CARVER BRANCH IS EXPECTED TO OPEN NOVEMBER OF 2003 AT 600,000. FOR A TOTAL OF 5.2 MILLION FOR OUR C.I.P. AS I MENTIONED BEFORE, THE LIBRARY HAS 3 PROCESS IMPROVEMENTS IN PLACE CURRENTLY AND SIX PROCESS IMPROVEMENTS PROPOSED FOR 2002-2003 2003 I WILL JUST MENTION ONE OF EACH. PREVIOUSLY WE HAD THREE TELEPHONE INFORMATION CENTERS. ONE AT THE HISTORY CENTER, ONE AT THE CENTRAL LIBRARY AND CUSTOMER HOTLINE FOR BILL AND LIBRARY CARD PROBLEMS. WE MERGED THOSE THREE INTO ONE TELEPHONE INFORMATION CENTER AT THE CENTRAL LIBRARY, WHICH ENABLED US TO REDEEMPLOY 3.0 F.T.E.'S OF SUPPORT SERVICE STAFF TO DIRECT SERVICE AND TO ELIMINATE 2.0 VACANT POSITIONS. I HAVE GOTTEN LOTS OF QUESTIONS OVER THE PAST YEAR ABOUT HOW THE COMMUNITY CAN HELP THE LIBRARY. THE ONE PROPOSED PROCESS IMPROVEMENT THAT HAS THE POTENTIAL TO MAKE THE GREATEST IMPACT ON LIBRARY SERVICE IS OUR EFFORT TO INCREASE THE NUMBER OF VOLUNTEERS AND THE NUMBER OF ACTIVITIES THAT VOLUNTEERS CAN PARTICIPATE IN IN THE LIBRARY. BY INCREASING OUR MARKETING AND OUR RECRUITMENT EFFORTS, WE EXPECT TO INCREASE OUR NUMBER OF VOLUNTEERS FROM 1,242 ANNUALLY TO 1,304 ANNUALLY. WHICH PROVIDES US WITH AN ADDITIONAL 605 VOLUNTEER HOURS PER YEAR. THAT CONCLUDES MY PRESENTATION AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE. PAVE.

Goodman: COUNCILMEMBER ALVAREZ?

Alvarez: THANKS, MAYOR PRO TEM. AND THANK YOU, MS. BRANCH AND I WAS READING THROUGH THE BUDGET AND I DID NOTICE THAT ONE OF THE SIGNIFICANT THINGS WAS THE -- WAS THE REALLOCATION OF RESOURCES AND SORT OF KIND OF A REORGANIZATION OF SORTS. I NOTICED THE CIRCULATION SUPPORT AND REFERENCE SERVICES, I THINK, IS ALL UNDER CIRCULATION OR NOW MOST OF IT IS. I DON'T KNOW IF YOU COULD EXPLAIN THAT A LITTLE BIT. HOW THAT WORKS AND WHETHER WE WILL SEE A CHANGE IN TERMS OF, YOU KNOW, HOW -- HOW A PERSON TRYING TO OBTAIN SERVICES MIGHT SEE OR MIGHT --

THE CUSTOMER WILL NOT SEE ANYTHING DIFFERENTLY. OUR BASIC SERVICES ARE INTACT. WE -- WE MERGED OUR CIRCULATION ACTIVITIES WITH OUR CIRC SUPPORT ACTIVITIES, WHICH IS REALLY THE LIBRARY CARD PRODUCTION AND [INAUDIBLE] RECORDS. WE MERGED THOSE TWO DIVISIONS INTO ONE. WHAT THAT ALLOWED US TO DO IS TO CROSS TRAIN THE STAFF IN BOTH AREAS. SO THAT WE HAVE MORE STAFF AVAILABLE TO SERVE THE PUBLIC ACROSS THE CIRCULATION DESK IF WE NEED THEM. IT JUST LEVERAGED OUR RESOURCES BETTER.

THE SAME WITH THE REFERENCE SERVICES?

REFERENCE ACTUALLY WAS NOT MERGED WITH CIRCULATION, THEY REMAIN -- PART OF THE CENTRAL LIBRARY SERVICES.

Alvarez: SO IT WAS CIRCULATION AND CIRCULATION SUPPORT.

RIGHT, UH-HUH. LET'S SEE. THAT WAS THE MAIN THING THAT STOOD OUT. I JUST WAS WONDERING HOW THAT WOULD AFFECT THE DELIVERY OF SERVICES, BUT IT SOUNDS LIKE WE COULDN'T -- IT WOULDN'T HAVE A VERY BIG IMPACT. I GUESS IN THAT REGARD WE ARE ELIMINATING VACATE POSITIONS OR NOT? BY DOING THAT REORGANIZATION OR --

REENGINEERING BASICALLY ALMOST EVERY AREA IN THE LIBRARY.

ALMOST EVERY AREA. OKAY. THANK YOU.

YES.

Goodman: COUNCILMEMBER WYNN?

WYNN: THANK YOU, MAYOR PRO TEM. MS. BRANCH, ON THE AVERAGE DAILY VISITS, HOW DO WE ACTUALLY COUNT THAT? I MEAN, DOES THAT --

WE HAVE A -- WE HAVE A DOOR COUNTER. WE COUNT THE PEOPLE THAT COME IN AND LEAVE AND THEN DIVIDE IT BY TWO. BECAUSE SOMEBODY OBVIOUSLY WHO COMES IN HAS TO LEAVE.

WYNN: BUT AT ALL BRANCH LIBRARIES AND THE CENTRAL?

YES, UH-HUH.

Goodman: DOES THAT NUMBER ALWAYS COME OUT EVEN? [ LAUGHTER ]

COMES OUT EVEN, BUT -- YEAH.

Goodman: LET ME ASK YOU ABOUT TWIN OAKS. WHAT'S THE STATUS ON -- ON THAT BRANCH, DO YOU KNOW? OFFHAND?

YES, THAT'S SCHEDULED TO OPEN IN DECEMBER OF 2000 AND -- LET ME CHECK HERE. 2006, I BELIEVE. IS THAT WHAT YOU HAVE?

DECEMBER 2006.

YES.

THAT'S A LONG WAY OFF.

FASTER THAN YOU REALIZE. WHEN YOU SAID ELIMINATING, YOU MEAN ABSOLUTE ELIMINATION AND NOT -- NOT -- NOT TO BE REINSTATED WHEN ECONOMIC TIMES ARE BETTER? 28.1.

I THINK THROUGH OUR REENGINEERING AND STREAMLINING OF SERVICES, WE WILL PROBABLY BE ABLE TO DO WITHOUT THOSE POSITIONS.

MINOR, ONE THING, ONE THING THAT I WOULD LIKE TO ADD TO THAT IS -- IS THIS IS JUST BUILDING ON SOME OF WHAT THE CITY MANAGER TALKED ABOUT BEFORE. HISTORICALLY FOR THE LAST SEVERAL YEARS, THE DEPARTMENTS LIBRARIES ARE A GOOD EXAMPLE, HAS BEEN BUDGETED A CERTAIN NUMBER OF POSITIONS, THEN OCTOBER 1, THEY ARE AUTOMATICALLY GIVEN BUDGET SAVINGS BECAUSE THEY DID NOT -- THEY DID NOT RECEIVE ENOUGH IN THE BUDGET TO COVER ALL OF THOSE PARTICULAR POSITIONS. SO SOME OF THE POSITIONS THAT YOU WILL SEE THAT WE ARE TALKING ABOUT, THE 28 THAT ARE BEING ELIMINATED, WERE -- WERE POSITIONS THAT -- THAT THEY HAVE NOT BEEN ABLE TO -- A CERTAIN NUMBER THEY WERE NOT ABLE TO FILL OVER THE LAST COUPLE OF YEARS ANYWAY.

Goodman: OKAY. FOR THE BOOK BUDGET, IS THAT -- EXCUSE ME, REMAINING THE SAME AS THE --

IT'S TOTALLY RESTORED, THE SAME LEVEL AS THE CURRENT YEAR. ALTHOUGH IN THE CURRENT YEAR WE -- WE HELD ABOUT $300,000 FOR OUR SAVINGS PLAN. SO WE -- WE ACTUALLY WILL HAVE MORE BOOK MONEY THIS PROPOSED BUDGET THAN WE DID THIS CURRENT YEAR.

Goodman: OKAY. AND THE ONLY OTHER THING THAT I WANTED TO MENTION WAS NOT -- WELL, I'M SURE THAT YOU'VE HEARD ABOUT IT. IT'S NOT A BUDGET ISSUE, PER SE, BUT FOLKS HAVE ASKED IF -- IF IN OUR BILLING FORMAT, ALONG WITH -- ALONG WITH OPPORTUNITY TO CONTRIBUTE TO TREE PLANTING, IF THERE MIGHT BE A WAY TO ALSO INTRODUCE A WAY TO SUPPORT SEVERAL DIFFERENT THINGS THAT YOU BELIEVE IN OR USE HEAVILY, LIKE THE LIBRARY OR LIKE THE PARKS. SO IT'S AN IDEA THAT'S BEEN -- THAT'S BEEN REQUESTED OF US TO -- TO SEE IF WE CAN PURSUE IT. AND IN THE OLD DAYS, WE COULDN'T REALLY ADD ANYTHING NEW ON TO THE BILLING, THE SHEET OF PAPER THAT GIVES YOU YOUR UTILITY BILLING BECAUSE IT TOOK -- I CAN'T REMEMBER IT WAS LIKE FOUR YEARS OR SO FROM START TO FINISH TO REPROGRAM THE FORMAT. SO -- SO NOW HOPEFULLY WE HAVE -- WE HAVE SOMETHING THAT'S NEWER AND MORE EASILY MODIFIED, SO IT'S A POSSIBILITY AND I HADN'T RUN THAT BY ANYBODY, BUT A LOT OF PEOPLE HAVE ASKED ABOUT THE POSSIBILITY OF THAT.

Futrell: WE WILL GIVE YOU AN ASSESSMENT OF THAT. I REMEMBER WHAT YOU REMEMBER, THAT WE WERE LIMITED BY THE PROGRAMMING TO ADD ANY ADDITIONAL CHECK BLOCKS, I THINK WHEN YOU DID SUBMIT IT YOU KICKED IT INTO A MANUAL COLLECTION PROCESS. IT WAS HARD TO GET IT PROGRAMED IN THE FIRST PLACE, IT REQUIRED A MANUAL PROCESS TO ACCOUNT FOR IT. WE WILL GET AUSTIN ENERGY TO GIVE&SS TO AC IT. WE WILL GET AUSTIN ENERGY TOE US AN ASSESSMENT OF WHERE THAT WHAT OUR )[CABITIES WANT TO POINT O+ WITH THE LIBRARY BUDGET, THIS IS AN EXAMPLE IN THIS BUDGET WHERE WE ARE TRYING TO REBUILD AND YOU WILL SEE A MULTI YEAR COMMITMENT TO TRYING TO BRING US BACK TO A STANDARD OF COVERAGE AND SUPPORT THAT HAS ERODED OVER TIME. IN OUR LIBRARIES.

Goodman: WERE WE ABLE TO INCREASE ANY OF OUR FREENET OPPORTUNITIES? I FORGOT ABOUT THAT.

I -- I DON'T BELIEVE THAT WE HAVE ADDED ANY MORE COMPUTERS IN THE LIBRARIES THIS YEAR THROUGH FREENET. I KNOW THAT THEY HAVE ADDED SOME THROUGHOUT THE COMMUNITY, THOUGH.

Goodman: YEAH.

Futrell: I WILL TELL YOU IN OUR COMMUNITY