Closed Caption Log, Council Worksession
Wednesday, March 20, 2002

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: GOOD MORNING EVERYONE R. EVERYBODY. HOW ARE YOU THIS COLD AND RAINY MARCH MORNING? WE HAVE A QUORUM OF THE COUNCIL, SO I'M GOING TO CALL TO ORDER THE WORK SESSION, ACTUALLY WORK SESSION AND COUNCIL MEETING. IT'S 10:20, MARCH — WEDNESDAY, MARCH THE 20TH. WE'RE AT THE ONE TEXAS CENTER, 505 BARTON SPRINGS ROAD, THIRD FLOOR TRAINING ROOM, AUSTIN, TEXAS. AND WE HAVE AN AGENDA. NORMALLY WORK SESSIONS DON'T HAVE ANY ACTION ITEMS, HOWEVER, FOR THIS ONE WE'RE MAKING AN EXCEPTION. IT'S ACTUALLY A CALLED MEETING OF THE COUNCIL MORE THAN JUST A WORK SESSION. AND ALL OF THE ITEMS ON THE AGENDA TODAY HAVE TO DO WITH THE CHARTER AMENDMENTS THAT COUNCIL WANTS TO PLACE ON THE BALLOT. SOME OF THE ITEMS THAT ARE HERE DID NOT GET ENOUGH VOTES TO BE CONSIDERED FOR SECOND READING, SO ONE OF THOSE IS ITEM NUMBER K AND ITEM NUMBER H. THOSE TWO WILL NOT BE CONSIDERED TODAY. THERE MAY BE OTHERS. SO USUALLY WHEN WE DO SECOND READING ON SOME OF THESE THINGS, WE DON'T HAVE CITIZEN PARTICIPATION, BUT TODAY WE DO HAVE ONE CITIZEN THAT WANTS TO TALK ABOUT AN ITEM THAT HAS TO DO WITH CAMPAIGN. SOMEONE CALLED TO TALK FIRST, AND IS THAT FRED LEWIS, WHO IS GOING TO BE SPEAKING ON THE BALLOT LANGUAGE. YOU CAN SIT RIGHT THERE.

MAYOR GARCIA, THANK YOU. I ACTUALLY HAD JUST TWO QUICK POINTS. AS YOU RECALL, YESTERDAY WE WERE TALKING ABOUT WHAT IS THE FAIREST AND BEST LANGUAGE TO DESCRIBE THE PUBLIC MATCHING FINANCE SYSTEM THAT IS GOING TO BE ON THE BALLOT IN THE AUSTIN FAIR ELECTIONS ACT INITIATIVE. AND AS YOU RECALL, I NOTED THAT IN PRIOR INSTANCES IN THE MEMOS OF THE CITY AND IN THE PRESENTATION OF THE STAFF TO THE COUNCIL, THEY HAD ALWAYS DESCRIBED IT AS PUBLIC FINANCING, PUBLIC MATCHING FUNDS AND THEY NEVER DESCRIBED IT AS A MUNICIPAL FINANCE SYSTEM, WHICH TO ME IS NOT A COMMON TERM AND IMPLIES THAT IT'S FULL PUBLIC FINANCING, WHICH IT'S NOT. BUT I WANTED TO NOTE 2 THINGS. ONE IS WHEN COUNCIL WOMAN GRIFFITH, I BELIEVE, ASKED THE LEGAL STAFF TO DESCRIBE THE 1994 LAW, WHAT WOULD REMAIN IF THE CONTRIBUTION LIMITS WERE REPEALED, THE STAFF SAID THAT IT INVOLVED PUBLIC FINANCING AND EXPENDITURE LIMITS. AND MY POINT ONLY IS THAT EVEN YOUR OWN STAFF WHEN DESCRIBING THESE PROVISIONS DID NOT DESCRIBE THEM AS MUNICIPAL FINANCING WHEN ASKED QUESTIONS ABOUT THEM. THEY DESCRIBE IT AS PUBLIC FINANCING. AND THEY NOTED THAT EVEN THE VOLUNTARY EXPENDITURE LIMITS IS WITHIN A ONE OR TWO SENTENCE DESCRIPTION OF YOUR OWN STAFF, YET IT'S NOT IN THE LANGUAGE OF BEING — IN THE LANGUAGE BEING PROPOSED. THE SECOND — AND I GUESS I ALSO THINK THAT THE PEOPLE THAT WERE INVOLVED IN THE 1997 LAW ARE NOT THE SAME PEOPLE INVOLVED IN THIS INITIATIVE. I WASN'T INVOLVED IN THE 1997 LAW. MIKE BLIZZARD WASN'T INVOLVED, AUSTIN NEIGHBORHOOD COUNCILS, LEAGUE OF WOMEN VOTERS, THE NAACP, A HOST OF DIFFERENT PEOPLE. AND I THINK THAT THE LANGUAGE OF THESE MANY GROUPS THAT ARE BEHIND IT, THAT THE LANGUAGE SHOULD BE LANGUAGE THAT'S PUBLIC — THAT THE PUBLIC KNOWS WHAT WE'RE TALKING ABOUT AND HAS A FAIR OPPORTUNITY TO VOTE FOR IT OR AGAINST IT. SECOND, COUNCILMEMBER SLUSHER WAS CONCERNED ABOUT SOME OF THE LANGUAGE AND THE IMPLICATION THAT MAYBE THE $200 ONLY — CONTRIBUTION LIMITS ONLY APPLIED IF YOU WERE A PARTICIPATING CANDIDATE IN THE PUBLIC FINANCING. AND SO I LOOKED AT THE LANGUAGE WE SUGGESTED, AND THERE'S AN EASY WAY TO FIX IT, AND THAT'S TO ADD A COMMA. IT SAYS TO ENACT A CHARTER AMENDMENT THAT LIMITS CAMPAIGN CONTRIBUTIONS TO $200 AND MATCHES CAMPAIGN CONTRIBUTIONS FROM AUSTIN RESIDENTS WITH PUBLIC FUNDS FOR CITY COUNCIL AND MERRILL CANDIDATES WHO AGREE TO ABIDE BY CAMPAIGN SPENDING LIMITS. IF YOU PUT A COMMA AFTER 200, THEN IT'S CLEAR AT LEAST TO ME THAT WE'RE GOING TO HAVE 200-DOLLAR LIMITS WHETHER YOU PARTICIPATE OR NOT, BUT YOU ONLY GET MATCHING FUNDS IF YOU AGREE TO THE SPENDING LIMITS. AND THAT'S ALL I HAVE. AS I SAID, I THINK WE SHOULD USE LANGUAGE THAT'S USED COMMONLY, HAS BEEN USED BY YOUR OWN STAFF AND IS USED BY US TO DESCRIBE THIS PROPOSAL.

MAYOR GARCIA: OKAY. THANK YOU VERY MUCH.

THANK YOU FOR YOUR TIME.

MAYOR GARCIA: ANY QUESTIONS FOR MR. LEWIS? THANK YOU, SIR. I THINK — YOU CAN STAY RIGHT THERE. I'M GOING TO RECOGNIZE THE CITY ATTORNEY BECAUSE HE HAD SOME ISSUES — SHE HAD SOME ISSUES.

I WANTED TO POINT OUT THAT I HAD TALKED TO MR. LEWIS YESTERDAY, AND ONE OF THE WORDS THAT HE WAS MOST TROUBLED BY IN ADDITION TO MUNICIPAL, AND QUITE FRANKLY, MUNICIPAL JUST MEANS THE FUNDS THAT THE CITY HAS, SO I DON'T SEE ANY LEGAL PROBLEM WITH THAT, BUT IT'S ULTIMATELY UP TO THE COUNCIL WHETHER YOU CHOOSE MUNICIPAL OR PUBLIC FINANCING. THE OTHER ISSUE THAT MR. LEWIS RAISED WAS THAT HE THOUGHT THE WORD MATCHING SHOULD BE INSERTED IN THE BALLOT LANGUAGE. IN OTHER WORDS, THE SYSTEM OF MATCHING MUNICIPAL FINANCING OR MATCHING PUBLIC FINANCING. AND MATCHING IS SOMETHING THAT COULD BE USED, BUT I WANTED TO POINT OUT THAT THE VIT SENZ INITIATIVE HAS COMPONENTS OF GRANTS AND IT HAS COMPONENT OF MATCHING. AND ONE BIG PART OF THE GRANTS IS THAT ONCE A CANDIDATE QUALIFIES FOR THE — FOR PARTICIPATION IN THE SYSTEM, THEN THE CANDIDATE RECEIVES AN INITIAL GRANT, 16,666 I THINK IT IS FOR REGULAR COUNCIL CANDIDATES AND THE MAYORIAL CANDIDATE WOULD RECEIVE 36,333 DOLLARS. THEN THERE'S ANOTHER COMPONENT OF VARIOUS MATCHING THINGS THAT MR. STEINER COULD DESCRIBE IN MORE DETAIL. SOIPTED TO POINT OUT WE COULD INSERT THE WORD MATCHING, BUT IT'S NOT A COMPLETELY ACCURATE DESCRIPTION OF ALL THE DIFFERENT FUNDING MECHANISMS THAT ARE ASSOCIATED WITH THIS ITEM.

WELL, IT'S A COMPLICATED PROCESS, BUT ONE WAY YOU CANNOT DESCRIBE IT AS ACCURATELY AS MUNICIPAL FINANCING.

MAYOR GARCIA: SO THAT'S THE ISSUE THAT YOU WANT. YOU'RE SAYING WE COULD USE PUBLIC?

SURE.

WELL, PUBLIC AND THE FACT THAT IT IS NOT FULL PUBLIC FINANCING. IT'S A MATCHING SYSTEM.

MAYOR GARCIA: BUT I THINK YOU INDICATED THAT THERE'S SOMETHING TO BE SAID BESIDES GRANTING.

THERE ARE GRANT AND MATCHING FUNDS, BUT THERE'S NOT FULL MUNICIPAL FINANCING.

MAYOR GARCIA: PUBLIC FINANCING.

IT'S NOT FULL PUBLIC FINANCING, NO. SO IF YOU SAY IT'S FINANCING, IT IMPLIES IT'S ALL PUBLIC FINANCING.

WYNN: MAYOR, I WOULD LIKE TO POINT OUT THAT AN ISSUE THAT I THINK A LOT OF VOTERS ARE JUST UNDERSTANDING IS CURRENTLY WE HAVE WHAT I CALL PUBLIC MATCHING CAMPAIGN FINANCE, BUT THAT — THOSE PUBLIC DOLLARS ARE ACTUALLY THE LOBBY REGISTRATION FEE THAT WE USE. IT'S PART OF BRIDGET SHEA'S 1995 ORDINANCE. SO RIGHT NOW THERE IS FUNDS COMING FROM THE CITY, PUBLIC FUNDS TO CANDIDATES, HOWEVER THAT POOL OF FUNDS IS A VERY SPECIFIC AND LIMITED POOL. IT'S THE LOBBYIST REGISTRATION FEE. THE PROPOSAL, HOWEVER, ACTUALLY HAS GENERAL FUND, YOU KNOW, PIECES OF AD VALOREM PROPERTY TAX REVENUE GOING TO CANDIDATES, SO IN SOME — SO I AGREE WITH MR. LEWIS IN THAT, YOU KNOW, THERE NEEDS TO BE SOME CLARIFICATION, BUT I THINK THERE ALSO NEEDS FURTHER CLARIFICATION FOR THE VOTERS TO KNOW CURRENTLY RIGHT NOW IT'S JUST LOBBYISTS FEES THAT GO TO CANDIDATES FROM THE PUBLIC. IF THIS PASSES THERE WILL BE GENERAL FUND REVENUE GO TO CANDIDATES, AND THAT'S AD VALOREM TAXES AND SALES TAXES AND OTHERS. SO YOU DON'T WANT TO MAKE THE LANGUAGE TOO LENGTHY ON A BALLOT, BUT I THINK IT WOULD HELP FOR FOLKS TO UNDERSTAND WHERE THE — WLITS MUNICIPAL OR PUBLIC — WHETHER IT'S MUNICIPAL OR PUBLIC OR MATCHING OR GRANT FINANCING, I THINK THE VOTERS NEED TO UNDERSTAND WHAT POOL OF FUNDS IT WILL COME FROM. BUT AGAIN, I DON'T WANT TO MAKE THE LANGUAGE TOO LENGTHY ON THE BALLOT.

MAYOR GARCIA: OKAY. AND THE ONE, THE PROVISION, THE BRIDGET SHEA PROVISION ONLY APPLIES IN RUNOFFS. THIS ONE THAT WE'RE TALKING ABOUT APPLIES IN THE PRIMARIES, CORRECT?

IN BOTH THE GENERAL AND THE RUNOFF.

MAYOR GARCIA: THE WHAT?

THEY CALL IT THE GENERAL ELECTION, BUT IT'S NON-PATTERSON.

MAYOR GARCIA: THAT'S RIGHT. PRIMARIES IS PARTY. OKAY. SO THE GENERAL — WHAT'S BEING PROPOSED WOULD INCLUDE THE TWO CHANGES ARE IT WOULD INCLUDE PUBLIC FINANCING AT THE GENERAL LEVEL, GENERAL ELECTION, AND IT DOESN'T CHANGE THE — TWO THINGS, NUMBER ONE THE GENERAL ELECTION ALSO IS COVERED AND THEN THERE'S PUBLIC MONEY FOR THAT PARTICULAR ELECTION. SO THAT'S THE CHANGE. AND I SUSPECT THAT WE COULD WORD IT — DO WE NEED TO WORD THAT ONE? THAT'S A CITIZEN INITIATIVE.

THE CITIZEN INITIATIVE SETS THE TEXT THAT WILL BE INSERTED INTO THE CHARTER IF THE PROPOSITION PASSES. AND THAT'S SET BY THE CITIZEN INITIATIVE. THE COUNCIL'S PREROGATIVE IS TO CHOOSE HOW THAT WILL BE PRESENTED TO THE VOTERS AS A BALLOT PROPOSITION. AND THAT'S ENTIRELY WITHIN YOUR PREROGATIVE SO LONG AS THE PROPOSITION THAT'S PRESENTED TO THE VOTERS FAIRLY REPRESENTS THE MAJOR POINTS OF THE AMENDMENT BEING PROPOSED AND ALLOWS THE VOTERS TO IDENTIFY THAT PROPOSITION AS OPPOSED TO THE OTHER PROPOSITIONS ON THE BALLOT. IT'S CERTAINLY A VERY GOOD THING TO GET BY IN FROM THE PRO POSITIVE NENTS ON THIS, BUT IT IS ULTIMATELY THE COUNCIL'S DECISION HOW TO DO IT.

MAYOR GARCIA: THAT IS THAT INITIATIVE ITEM, HAS BEEN VALIDATED, MS. BROWN, AS HAVING THE SIGNATURES, RIGHT?

[ INAUDIBLE ]

SO THAT'S GOING TO BE ON THE BALLOT ON MAY 4TH. AND THE ONLY QUESTION IS — AND IF IT PASSES, THE TEXT THAT WAS PREPARED BY THE CITIZENS WILL GO INTO THE CHARTER. AND THE ONLY QUESTION BEFORE THE COUNCIL IS WHAT WILL THE BALLOT PROPOSITION SAY.

MAYOR GARCIA: OKAY. ALL RIGHT. THANK YOU VERY MUCH, MR. LEWIS.

MAYOR, IF WE COULD GET SOME IDEA OF WHAT WORDS YOU WOULD LIKE INSERTED EITHER IN THE ADJUSTED LANGUAGE THAT THE LAW DEPARTMENT HAS FURNISHED OR IN THE VERSION THAT MR. LEWIS HAS FURNISHED. WE CAN TRY TO WORK ON THAT.

IF I COULD MAKE A SUGGESTION, PERHAPS. THAT THE CHARTER AMENDMENT PROVIDING A SYSTEM OF PUBLIC FINANCING, INCLUDING BLOCK GRANTS AND MATCHING FUNDS FOR CAMPAIGNS OF CITY COUNCIL CANDIDATES, LIMITING CAMPAIGN CONTRIBUTIONS TO $200 PER DONOR AND EXPANDED POWERS AT THE ETHICS REVIEW COMMISSION.

WYNN: MAYOR, I WOULD LIKE FOR MR. STEINER TO ATTEMPT TO INCLUDE THE SOURCES OF FUNDS.

THE SOURCES OF FUNDS ARE ALL FUNDS, SO IT WOULD BE —

WYNN: SO JUST INCLUDING GENERAL REVENUE FUNDS OR HOWEVER IT CAN BE BROADLY STATED.

THE CHARTER AMENDMENT PROVIDING A SYSTEM OF PUBLIC FINANCING, INCLUDING MATCHING FUNDS AND BLOCK GRANTS FOR CAMPAIGN FOR CITY COUNCIL CANDIDATES FROM — FROM MUNICIPAL FUNDS, INCLUDING THE GENERAL FUND?

YEAH. I THINK MY CONCERN ABOUT JUST SAYING BLOCK GRANTS AND MATCHING FUNDS IS YOU LEAVE OUT THE FACT THAT THE LION'S SHARE OF THAT WILL BE GENERAL FUND DOLLARS, WHICH IS REALLY THE ISSUE AT PLAY. IF YOU'RE GOING TO LIST THE FUNDING SOURCES, YOU KIND OF NEED TO LIST — IT'S ALL THE DIFFERENT FUNDS.

THERE IS NO LIMIT ON THE SOURCES OF FUNDS.

MAYOR GARCIA: I ALSO HAD ANOTHER QUESTION HAVING TO DO WITH THE EXPANDED POWERS OF THE ETHICS REVIEW COMMISSION. THAT COMMISSION WAS FORMED BY ORDINANCE I THINK BY THE COUNCIL, CORRECT?

YES, SIR.

MAYOR GARCIA: CAN A CHARTER AMENDMENT AMEND AN ORDINANCE PASSED BY THE COUNCIL?

IT'S VERY PECULIAR FOR A SUPERIOR LAW TO BE AMENDING AN INFERIOR LAW. IN OTHER WORDS, IT WOULD BE AS IF THE CONSTITUTION WERE CHANGING A STATUTE BY REFERENCE TO A STATUTE. BUT I DON'T SEE ANY THEORETICAL REASON WHY YOU CAN'T DO IT. IT RAISES SOME INTERPRETIVE QUESTIONS THAT IN MY VIEW WOULD BE UNIQUE WHEN WE WILL EVENTUALLY COME TO THEM, BUT THE CHARTER AMENDMENT DOES GREATLY EXPAND THE POWERS OF THE ETHICS REVIEW COMMISSION AND GIVES IT THE STATUS OF A BODY CREATED BY THE CHARTER. CURRENTLY THE ONLY BODIES CREATED BY THE CHARTER ARE THE COUNCIL AND THE PLANNING COMMISSION. THIS WOULD ADD THE ETHICS REVIEW COMMISSION TO THAT STATUS AND GIVE IT QUITE A BIT OF POWER.

MAYOR GARCIA: DOES IT TAKE ANY POWERS AWAY FROM THE COUNCIL?

YES, SIR, I THINK IT DOES BECAUSE THE ETHICS REVIEW COMMISSION HAS THE POWER UNDER THIS PROVISION, WITHOUT GOING TO THE COUNCIL, TO DO WHATEVER IS NECESSARY — FOR EXAMPLE, IF THE CITY GOES TO SINGLE-MEMBER DISTRICTS, THE CHARTER REVIEW COMMISSION WOULD HAVE THE POWER TO REWRITE THE CAMPAIGN FINANCE PROVISION WITHOUT GOING TO COUNCIL, JUST ON ITS OWN. IT ALSO HAS THE POWER TO DO A NUMBER OF THINGS, AND ALL THE POWERS IT HAS, IT DOESN'T HAVE TO GO TO COUNCIL FOR PERMISSION OR FOR ANYTHING. IT JUST CAN DO THEM.

MAYOR GARCIA: I DON'T THINK PEOPLE KNOW THAT. THAT AN UNELECTED BODY WOULD HAVE BASICALLY POWERS OVER THE ELECTED BODIES. IS THAT SOMETHING THAT CAN BE DONE?

I THINK IT COULD UNDER — SINCE IT'S IN THE CHARTER, IT ESSENTIALLY GIVES THE ETHICS REVIEW COMMISSION THE SAME STATUS THAT THE COUNCIL HAS WITHIN ITS PURVIEW. HERE IS WHAT IT DOES. THE CHARTER AMENDMENT GIVES THE ETHICS REVIEW COMMISSION THE AUTHORITY TO DETERMINE BY A PREUPON DENSE OF EVIDENCE WHETHER A CAMPAIGN EXPENDITURE WAS MADE, ADOPT RULES AND REGULATIONS TO REQUIRE CANDIDATES AND COMMITTEES TO PROVIDE SUFFICIENT NOTICE TO THE COMMISSION AND TO ALL CANDIDATES FOR THE SAME OFFICE THAT THEY ARE APPROACHING AND EXCEEDING THE THESH HOLDS SET FORTH IN THE AMENDMENT. ESTABLISH A VOLUNTARY CHECKOFF SYSTEM AS PART OF THE CITY'S UTILITY BILLING PROCESS, CERTIFY PARTICIPATING CANDIDATES, CERTIFY PUBLIC FUNDS TO BE AWARDED TO PARTICIPATING CANDIDATES, DETERMINE A PRO RATA METHOD OF DISTRIBUTING FUNDS IN CASE OF A SHORTFALL. MONITOR ELECTION ACTIVITY, AUDITS OF CAMPAIGN FINANCIAL REPORTS. SUBPOENA WITNESSES, ADMINISTER OATHS AND AFFIRMATIONS, REQUIRE BY SUBPOENA BOOKS, RECORDS AND OTHER ITEMS TO THE PERFORMANCE OF ITS DUTIES. PERFORM AND ADOPT RULES TO GOVERN THE IMPLEMENTATION OF THE AMENDMENT AND HAVE PRIMARY ENFORCEMENT AUTHORITY OF VIOLATIONS OF THE AMENDMENT. AND IT MAY DO THOSE THINGS WITHOUT ANY REFERENCE TO THE COUNCIL WHATSOEVER.

MAYOR GARCIA: AND THE COUNCIL APPOINTS THAT COMMISSION?

YES, SIR.

MAYOR GARCIA: CAN THE COUNCIL APPOINT ITSELF AS THE ETHICS REVIEW COMMISSION?

I WOULD THINK THAT THE COMMON LAW DOCTRINE OF INCOMPATIBILITY WOULD PREVENT THAT. THE COMMON-LAW DOCTRINE OF INCOMPATIBILITY IS A COURT MADE IDEA IN ANGLO AMERICAN LAW THAT A PERSON CAN'T APPOINT THEMSELVES BECAUSE OF THE INHERENT CONFLICT IN SUPERVISING YOURSELF.

MAYOR GARCIA: WE APPOINT OURSELVES MEMBERS OF THE AUSTIN HOUSING FINANCE CORPORATION.

YES, SIR. BUT PERHAPS THAT WOULD BE DIFFERENT BECAUSE THE HOUSING CORPORATION IS —

IT DOES THE FUNCTIONS THAT THE COUNCIL COULD DO. IN FACT, THE HOUSING FINANCE CORPORATION STATUTE REQUIRES THAT THE GOVERNING BODY SERVE AS THE BOARD OF THE HOUSING FINANCE CORPORATION.

SO THAT STATUTE WOULD OVERRIDE THE COMMON-LAW PROHIBITION.

AND THESE RULES AND RESPONSIBILITIES OF THE ETHICS COMMISSION ARE TO OVERSEE OR OVERLOOK THINGS DONE BY INCUMBENT OFFICE HOLDERS AND OFFICE HOLDER ELECTS. AND I THINK THAT'S THE INHERENT CONFLICT.

THAT WOULD BE AN INHERENT CONFLICT.

MAYOR GARCIA: WOULD WE — YOU KNOW, WE APPOINT THOSE FOLKS TO THAT COMMISSION. DO WE WANT TO PASS AN ORDINANCE THAT LAYS OUT SOME CRITERIA FOR WHO CAN SERVE THERE? BECAUSE IT SEEMS TO ME THAT WITH EXPANDED POWERS THE COUNCIL NEEDS TO BE VERY CAREFUL WHO THEY'RE DELEGATING THE SUBPOENA POWERS. WE HAVE NEVER DELEGATED SUBPOENA POWERS TO ANYBODY. THAT I CAN REMEMBER. ANYWAY, THAT'S A CITIZENS INITIATIVES, SO THE CITIZENS CAN DECIDE THAT. WE NOW WILL GO TO THE ITEMS THAT ARE ON THE AGENDA TODAY. THE FIRST ITEM ON THE AGENDA IS TO CHANGE THE TERMS AND METHODS OF ELECTION OF THE CITY COUNCIL FROM ELECTION AT LARGE TO A METHOD OF COMBINING ELECTION OF MEMBERS FROM GEOGRAPHICAL DISTRICTS AND ELECTION OF MEMBERS AT LARGE. I WANT TO PASS ON THAT ONE BECAUSE THE COUNCILMEMBER THAT HAD QUESTIONS AS IT REGARDS TRANSITION AND OTHER ASPECTS IS NOT HERE YET. ITEM — CAN YOU SEE WHEN COUNCILMEMBER SLUSHER IS SCHEDULED TO BE HERE? WE'LL GO TO ITEM B, WHICH IS REPEAL THE TERM LIMITS FOR MAYOR AND COUNCIL. IT WAS A 4-3 ITEM AND ONE OF THE 4'S IS NOT HERE. SO IF IT'S OKAY WITH THE COUNCIL, WE'LL SKIP ITEM B AND GO TO C, REPEAL THE CHARTER PROVISION REQUIRE — REPEAL THE CHARTER PROVISION REQUIRING NEWLY ELECTED CITY OFFICIALS PUBLISH A CAMPAIGN EXPENSE STATEMENT IN AN AUSTIN NEWSPAPER. AND THAT ONE PASSED YESTERDAY ON A VOTE OF 6-0-1 WITH COUNCILMEMBER GRIFFITH TEMPORARILY OFF THE DIAS.

BUT SOMEONE HAD REQUESTED A LITTLE BIT OF LANGUAGE TO TALK ABOUT — HELP ME JOHN. WASN'T IT ABOUT WHERE WE WERE GOING TO PUBLISH THE INFORMATION AND FOR HOW LONG?

HERE'S THE CHANGE I MADE TO THAT ONE.

WE JUST WANTED YOU TO SEE THIS LANGUAGE.

BASED ON THE COMMENT BY COUNCILMEMBER ALVAREZ, I ADDED TO THAT THE COUNCIL MAY ADOPT ORDINANCES TO ADMINISTER THIS SECTION. THE ORDINANCES MAY PROVIDE FOR THE MANNER AND DURATION OF ELECTRONIC PUBLICATION. ON YOUR GREEN ONE, IT SHOULD BE PAGE 8 AT LINE 4.

IT'S SO PERMISSIVE LANGUAGE AGAIN. IT ALLOWS YOU TO ADOPT AN ORDINANCE LATER AND TO CHANGE THAT ORDINANCE AND DEFINE HOW MUCH, WHERE, WHEN.

RIGHT.

MAYOR GARCIA: OKAY.

DOES THAT REQUIRE ANOTHER VOTE?

YES.

WYNN: MAYOR?

IN ORDER TO ADOPT THIS LANGUAGE IN THE ORDINANCE, I THINK WE DO NEED TO TAKE ONE MORE VOTE ON IT TO ADD THIS ENHANCED LANGUAGE.

MAYOR GARCIA: ALL THE ITEMS YESTERDAY WERE PASSED ON FIRST READING ONLY ANYWAY. SO I'LL ENTERTAIN A MOTION ON THIS PARTICULAR ITEM.

ALVAREZ: MOVE APPROVAL.

MAYOR GARCIA: MOTION BY COUNCILMEMBER ALVAREZ, SECONDED BY COUNCILMEMBER WYNN. DISCUSSION?

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

MAYOR GARCIA: MR. STEINER, IS THIS THE SAME BALLOT LANGUAGE THAT WE LOOKED AT YESTERDAY?

Steiner: YES. IT WAS JUST A NEW PART ADDED, WHICH IS I THINK ON YOUR COPY DOUBLE UNDERLINED.

WYNN: YES, IT IS. THE ACTUAL BALLOT LANGUAGE IS THE SAME AS YESTERDAY AND I HAVE NO PROBLEMS WITH THAT LANGUAGE.

MAYOR GARCIA: ANY OTHER QUESTIONS OR DISCUSSION ON THIS ITEM? IF NOT, ALL THOSE IN FAVOR OF THE REPEAL OF THE CHARTER PROVISION REQUIRING NEWLY ELECTED CITY OFFICERS TO PUBLISH A CAMPAIGN EXPENSE STATEMENT IN AN AUSTIN NEWSPAPER, ALL THOSE IN FAVOR SIG FI BY SAYING AYE. OPPOSED NO? THE MOTION CARRIES ON A VOTE OF 6-0-1 WITH COUNCILMEMBER SLUSHER TEMPORARILY — OR NOT PRESENT. I DON'T KNOW WHETHER IT'S TEMPORARY OR NOT TEMPORARY. [ BUZZER SOUNDS ]

THAT IS ONE LOUD ATTORNEY, JOHN.

MAYOR GARCIA: WHO WAS THAT?

MAYOR, COULD I ASK FOR A CLARIFIER BECAUSE I THINK WE MAY HAVE UNDERSTOOD YESTERDAY SO I WANT TO MAKE SURE WHAT WE'VE DONE. YESTERDAY WHEREVER THERE WAS A MAJORITY VOTE OF — THAT WAS SUFFICIENT TO CARRY AN ORDINANCE, WITH THE EXCEPTION OF A WHERE WE DESIGNATED FIRST READING ONLY. SO FOR EXAMPLE, PUBLISHING THE CAMPAIGN EXPENSE STATEMENT, THE TWO RESIGN TO RUN PROVISIONS —

MAYOR GARCIA: ALL THOSE WERE FIRST READING. THIS ONE TODAY COULD BE A SECOND AND THIRD. LET ME ASK COUNCILMEMBER ALVAREZ AND COUNCILMEMBER WYNN IF YOU HAD CONTEMPLATED SECOND AND THIRD READING ON THAT ONE?

WYNN: YES, I DID.

MAYOR GARCIA: SO ON THAT ONE IT IS SEC AND THIRD. MS. BROWN, YOU UNDERSTAND THAT? THAT WAS ITEM C, THAT WOULD BE SECOND AND THIRD AND IT PASSED ON A VOTE OF 6-0-1 WITH COUNCILMEMBER SLUSHER ABSENT.

RESIGN TO RUN PROVISION FOR MUNICIPAL COURT JUDGES, THAT ONE WAS ALSO ON FIRST READING, BUT IT PASSED I THINK 6-1, SO I'LL ENTERTAIN A MOTION FOR SECOND AND THIRD READING?

WYNN: MOVE APPROVAL ON SEC AND THIRD READING, MAYOR.

MAYOR GARCIA: COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION? IS THE RETIEN TO RUN PROVISION FOR MUNICIPAL COURT JUDGES — ACTUALLY, D AND E, FOR BOTH OF THEM?

WYNN: IT'S A COMBINED.

MAYOR GARCIA: COUNCILMEMBER GRIFFITH, ARE YOU OKAY ON THAT? OKAY. NO PROBLEM. WE'RE CONSIDERING THE SECOND AND THIRD READING OF OWE OF THE RESIGN TO RUN PROVISION FOR MUNICIPAL COURT JUDGES AND FOR OFFICERS AND EMPLOYEES APPOINTED BY THE CITY COUNCIL. THE MOTION WAS MADE BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER GRIFFITH. DISCUSSION? WE'RE DOING APPROVAL OF THE BALLOT LANGUAGE ALSO, RIGHT, JOHN?

YES, SIR.

WYNN: MAYOR, SINCE WE DON'T HAVE IT ON OUR — I KNOW IT'S POSTED AS PART OF THE POSTING AGENDA, BUT IT'S NOT ON OUR PSYCHIATRIST, CAN WE JUST QUICKLY — ON OUR SCRIPT, CAN WE QUICKLY READ THE BALLOT LANGUAGE?

YES, SIR. THE CHARTER AMENDMENT REQUIRING MUNICIPAL COURT JUDGES AND OTHER CITY COUNCIL APPOINTEES TO RESIGN TO RUN FOR ELECTED OFFICE.

MAYOR GARCIA: FURTHER QUESTIONS, COMMENTS? EVERYBODY READY TO VOTE? ALL IN FAVOR, SIGNIFY BY SAYING AYE. OPPOSED NO?

THOMAS: NO.

MAYOR GARCIA: MOTION CARRIES ON A VOTE OF 6-1. DO YOU WANT TO VOTE, COUNCILMEMBER THOMAS, DO YOU WANT TO VOTE NO ON BOTH? OKAY. COUNCILMEMBER THOMAS VOTING NO ON ITEM D AND ITEM E. NOW WE'RE GOING TO GO BACK. COUNCILMEMBER SLUSHER, ARE YOU READY?

SLUSHER: [ INAUDIBLE ]

MAYOR GARCIA: WE'RE GOING TO GO BACK TO ITEM A, CHANGE THE TERMS AND THE METHOD FOR ELECTION OF CITY COUNCIL FROM ELECTION AT LARGE TO A METHOD OF COMBINING ELECTIONS OF MEMBERS FROM GEOGRAPHICAL DISTRICTS AND ELECTION OF MEMBERS AT LARGE. AND YOU HAD SOME QUESTIONS WITH REGARD TO SEVERAL ASPECTS, INCLUDING THE TRANSITION AND METHODOLOGIES, I THINK LOOKING AT THE SCREEN OVER THERE, IT LOOKS LIKE SOMEBODY HAS DONE SOME WORK, AND WHOEVER IS READY TO EXPLAIN THAT CAN BEGIN NOW.

YOU HAVE ANOTHER GREEN SHEET THAT HAS ON IT FOUR DIFFERENT EXAMPLES OF TRANSITION PROVISION.

MAYOR GARCIA: LET ME MAKE SURE EVERYBODY HAS THAT. HAS EVERYBODY FOUND IT. TRANSITION ONE. IT HAS TRANSITION ONE, TRANSITION TWO, TRANSITION 3, TRANSITION 4.

NOW, ALL OF THESE WERE BASED ON THE ASSUMPTION THAT YOU WANTED TO RETAIN THREE YEAR STAGGERED TERMS. I UNDERSTAND THAT THERE IS AN IDEA TO NOT KEEP STAGGERED TERMS, AND WE CAN TALK ABOUT THAT IN A MINUTE, BUT THE FOUR EXAMPLES THAT I PRESENTED HERE MAINTAIN STAGGERED TERMS. THE FIRST ONE STARTS THE WHOLE COUNCIL OVER AT THE IMPLEMENTATION OF THE NEW MIXED SYSTEM, SO BASICALLY IT CUTS SHORT THE TERMS OF THE PEOPLE WHO ARE ELECTED IN 2002 AND STARTS OVER THE WHOLE COUNCIL AS REELECTED IN 2003, AND THEN THE TWO CLASSES OF COUNCILMEMBERS, THE AT LARGE COUNCILMEMBERS AND THE DISTRICT COUNCILMEMBERS, EACH DRAW LOTS FOR A TWO-YEAR TERM AND A THREE-YEAR TERM. THE MAYOR DOESN'T. AND IN TRANSITION 1, WHAT WE END UP WITH IS A COUNCIL THAT IS STAGGERED SO THAT THE MAYOR AND ONE OF THE AT LARGE MEMBERS IS UP WITH FOUR COUNCILMEMBERS AND THEN ONE OF THE AT LARGE MEMBERS IS UP WITH FOUR COUNCILMEMBERS. IN SCENARIO 2 IT'S VERY MUCH LIKE SCENARIO 1 EXCEPT THAT AFTER IT'S ALL OVER, THE MAYOR RUNS WITH FOUR COUNCILMEMBERS AND THE TWO AT LARGE MEMBERS RUN WITH FOUR COUNCILMEMBERS. WHAT THIS ONE MAY HAVE TO RECOMMEND IT IS THAT THE MAYOR WILL PROBABLY BE A DRAW THAT WILL GET PEOPLE IN THE DISTRICTS OUT TO VOTE. AND TO OFFSET THE MAYOR, THE TWO AT LARGE MEMBERS TOGETHER MAY EQUAL THE INTEREST IN THE MAYOR AND DRAW PEOPLE — AND DRAW THE PEOPLE IN THE FOUR DISTRICTS THAT ARE ALIGNED WITH THAT UP TO VOTE. COUNCILMEMBER WYNN SUGGESTED A POSSIBILITY THAT YOU START OVER THE STAGGERING EVERY 10 YEARS VIA — WHAT THAT IN COMBINATION WITH THIS WOULD DO IS MAKE IT WHERE THE FOUR DISTRICTS THAT ARE ALIGNED WITH THE MAYOR AND THE FOUR DISTRICTS THAT ARE ALIGNED WITH THE AT-LARGE OCCASIONALLY SWITCH AROUND SO THAT YOU DON'T ALWAYS HAVE THE ASSOCIATION OF ONE SET OF DISTRICT FOR THE MAYOR AND ONE SET OF DISTRICTS WITH THE AT-LARGE MEMBERS.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: PART OF THAT IS IT SEEMS TO ME EVERY 10 YEARS HOPEFULLY WE'LL BE SPLIETLY REDRAWING THESE DISTRICT LINES AND SO THE FACT THAT THE DISTRICTS THEMSELVES LIKELY WILL ALL CHANGE, SO IT SEEMS LIKE THAT WOULD BE THE TIME TO CONSIDER, YOU KNOW, RESTACKING THEM.

THAT'S A POSSIBILITY YOU COULD DO. THIS IS THE THIRD TRANSITION EXAMPLE. THIS ONE HAS THE ADVANTAGE OF NOT CUTTING THE COUNCILMEMBERS WHO ARE ELECTED IN 2002 SHORT. IT ALLOWS THEM TO SERVE THEIR FULL TERMS. IT HAS THE DISADVANTAGE, IF THERE IS ONE, THAT FOR A COUPLE OF YEARS YOU WILL HAVE A 12-MEMBER COUNCIL. THE WAY THE STAGGERING WORKS WITH THIS ONE, THIS ONE WORKS SO THAT THE MAYOR AND ONE OF THE AT-LARGE MEMBERS RUN TOGETHER AND ONE OF THE AT-LARGE MEMBERS RUNS WITH THE — BY HIMSELF, EACH OF THOSE WITH FOUR COUNCILMEMBERS. THIS ONE HAS A DISADVANTAGE OF CUTTING ONE OF THE AT-LARGE MEMBERS VERY SHORT WITH A ONE-YEAR TERM. TRANSITION FOUR CURES THAT BY HAVING THE TWO AT-LARGE MEMBERS RUN FOR INITIAL TWO-YEAR TERMS, AND IT STAGGERS IT SO THAT THE MAYOR RUNS WITH FOUR — IT STAGGERS IT SO THAT THE MAYOR RUNS WITH FOUR COUNCILMEMBERS AND THE TWO AT-LARGE MEMBERS RUN WITH FOUR COUNCILMEMBERS.

MAYOR GARCIA: THAT ONE LOOKS LIKE THE TWO COUNCILMEMBERS — THE TWO AT-LARGE RUN BY THEMSELVES?

I'M SORRY. THAT ONE'S GOOFED.

MAYOR GARCIA: THE GREEN LINE I THINK NEEDS TO BE EXTENDED ONE YEAR.

GREENT LINE AT THE TOP SHOULD BE EXTENDED ONE YEAR. AND THEN THOSE HAVE INITIAL THREE-YEAR TERMS. RIGHT. AND THAT WORKS. I'M SORRY ABOUT THAT. THE TOP TWO LINES SHOULD BE ALL THE WAY OVER.

MAYOR GARCIA: SO IT HAS A SIX AND FIVE, WITH THE TWO AT LARGE RUNNING WITH THE FOUR DISTRICTS AND THE MAYOR RUNNING WITH THE OTHER FOUR. OKAY. DO Y'ALL UNDERSTAND THAT ONE? THAT PRESERVES THE PERIOD OF SERVICE BY THE AT-LARGE PEOPLE THAT ARE ELECTED IN '02, THAT PRESERVES THAT SO THEY CAN SERVE THEIR FULL THREE-YEAR TERM. IT ALSO HAS THE ADVANTAGE OF HAVING THE TWO AT-LARGE RUNNING WITH FOUR DISTRICTS AND THERE BY INCREASING THE LIKELIHOOD THAT PEOPLE WILL COME OUT AND VOTE AND THEN THE MAYOR RUNS WITH THE OTHER FOUR. AGAIN, EVERY TIME THAT THE MAYOR RUNS IT SEEMS THAT MORE PEOPLE VOTE. SO THAT'S THE CHARACTERISTICS OF THE TRANSITION 4. COUNCILMEMBER SLUSHER, YOU WERE THE ONE WHO HAD THE COMMENTS ON THIS ONE YESTERDAY, SO LET ME RECOGNIZE YOU FIRST.

SLUSHER: WELL, THEY CAN KEEP GOING THROUGH IT. I'M NOT QUITE READY. WE'RE ON THREE AT LARGE THROUGH '05. WHEN IS THE FIRST ELECTED OFFICIAL, IT'S '03. DOES IT HAVE THE EXTRA COUNCILMEMBERS?

THIS ONE DOES.

SLUSHER: THIS IS THE ONE WITH THE TWO YEARS.

THESE WOULD NOT BE TWO-YEAR TERMS. THESE WOULD BE THREE-YEAR TERMS. THIS ONE DOES HAVE — [ INAUDIBLE ]

MAYOR GARCIA: FOR TWO YEARS WE WOULD HAVE 12 COUNCILMEMBERS.

SLUSHER: I WOULD SAY JUST KEEP GOING THROUGH IT. I'M NOT SURE IT'S MY FAVORED ONE YET. I WANT TO HEAR THEM ALL.

MAYOR GARCIA: THOSE ARE THE FOUR. DO YOU WANT TO GO BACK TO ANOTHER ONE. YES, SIR, COUNCILMEMBER ALVAREZ?

ALVAREZ: IN TERMS OF STAGGERING THE DISTRICTS, ARE YOU ACTUALLY RECOMMENDING THAT DISTRICT 1 THROUGH 4 GET TWO YEARS — I JUST HAD TO PICK SOME.

MAYOR GARCIA: FOUR WILL BE FOR THREE.

BUT THE WAY IT WOULD ACTUALLY WORK, THE WAY I DRAFTED IT HERE IS TO WOULDN'T NETS NESLY BE DISTRICT 1 THROUGH #- OR 5 THROUGH 58. AFTER THE '03 ELECTION THEY WOULD DRAW LOTS TO DIVIDE THEMSELVES INTO TWO CLASSES AND THE ONE CLASS WOULD GET THE INITIAL TWO-YEAR TERM, ONE CLASS WOULD GET THE INITIAL THREE-YEAR TERM, BUT IT WOULDN'T NECESSARILY BE THOSE DISTRICT NUMBERS. I JUST DID THAT BECAUSE I COULDN'T CHART IT ANY MORE WAY.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN?

WYNN: THANK YOU. IF YOU COULD USE THE MIC BY THE GRAPH TO SPEAK A LITTLE BIT. ALL FOUR —

MAYOR GARCIA: YOU'RE ON.

WYNN: ALL FOUR OF THESE TRANSITION SCENARIOS MR. STEINER SHOWS, ALL ASSUME THAT WE WANT TO CONTINUE THE STAGGERED PROCESS WHERE WE ELECT APPROXIMATELY HALF A COUNCIL ONE YEAR, HALF A COUNCIL THE NEXT YEAR AND DON'T HAVE AN ELECTION ANOTHER YEAR. I WOULD LIKE TO POINT OUT AN ISSUE BECAUSE I WANT TO PROPOSE A FIFTH SCENARIO THAT'S BASED OFF OF TRANSITION NUMBER FOUR. KEEPING THE THREE COUNCILMEMBERS WHO ARE ELECTED IN MAY OF '02 FOR THE THREE-YEAR TERM TO NOT BE TOO UNFAIR WITH THAT, BUT THEN IN '03 HAVE THE MAYOR AND ALL EIGHT DISTRICTS ELECTED FOR A TWO-YEAR TERM, AND THEN IT ALINES EVERYBODY UP FOR HAVING A ONE TIME ELECTION EVERY THREE YEARS. AND I WANT TO POINT OUT THERE ARE A COUPLE OF POINTS. ON ALL OF THE STAGGERING SCENARIOS, AND THIS IS A PERFECT EXAMPLE, LOOK AT THE SCENARIO. IT COSTS US A MILLION DOLLARS A YEAR FROM THE GENERAL FUND TO RUN AN ELECTION. SO IN MAY OF '06, AND IT'S EVERY OTHER ELECTION IN ALL OF THESE SCENARIOS, HALF OF OUR CITIZENS, OVER 200,000 REGISTERED VOTERS, VOTE FOR ONE PERSON, THE MAYOR ONLY. EVERYBODY ELSE VOTES FOR TWO. THEIR DISTRICT REP AND THE MAYOR. I JUST THINK THAT'S, YOU KNOW, A HORRIBLE WASTE OF MONEY TO RUN A MILLION-DOLLAR GENERAL FUND ELECTION AND HALF YOUR CITIZENS JUST VOTE FOR ONE PLACE, EVEN THOUGH THERE'S 11 COUNCILMEMBERS, AND THAT HAPPENS ON EVERY TRANSITION SCENARIO. WHEREAS IF ALL 11 ARE ELECTED AT THE SAME TIME, EVERY SINGLE CITIZEN, EVERY SINGLE ELECTION VOTES FOR EXACTLY FOUR, NO MORE, NO LESS. THE MAYOR, THE TWO AT-LARGE AND THEIR DISTRICT REP. AND IT SEEMS TO ME THERE'S BEEN THIS CONCERN IN THE PAST THAT, OKAY, YOU SWEEP OUT ALL THE RACE CALS AND — RASCALS AND BRING IN MORE FOR A NEW TERM.

MAYOR GARCIA: I NEVER USED THAT TERM, COUNCILMEMBER. [ LAUGHTER ]

WYNN: BUT THAT'S BECAUSE ALL OUR LEKTED ARE ELECTED AT LARGE. BUT WHAT HAPPENS IS EVERY CITIZEN VOTES FOR FOUR OF THE 11 SPOTS. SO, YOU KNOW, INDIVIDUAL CITIZENS CAN SWEEP OUT FOUR OF THE RASCALS, BUT SEVEN OF THEM THEY DON'T HAVE CONTROL OVER. THAT'S PART OF THE BEAUTY OF A MIXED SYSTEM OR A SINGLE-MEMBER DISTRICT SYSTEM. SO I WOULD PROPOSE A TRANSITION — A FIFTH SCENARIO THAT WE HAVE — WE PRESERVE THE THREE-YEAR TERMS FOR THE THREE COUNCILMEMBERS WHO ARE RUNNING NOW, JUST TO BE FAIR, AND THEN IN '03 THE MAYOR AND ALL DISTRICT REPS ARE ELECTED FOR INITIAL TWO-YEAR TERMS, SO THEN BEGINNING IN MAY OF '05 AND THEN GOING FORWARD FOR THREE-YEAR TERMS, EVERY THREE YEARS EVERYBODY IS UP AT THE SAME TIME, EVERY SINGLE CITIZEN VOTES FOR EXACTLY FOUR PEOPLE, NO MORE, NO LESS, AND WHEN THE CITY — SO THE CITY'S IN THE BUSINESS OF SPENDING A MILLION BUCKS FOR THAT BIG CAMPAIGN, IT'S JUST MUCH MORE COST EFFECTIVE, I THINK THERE'S MUCH MORE VISIBILITY AND INTEREST IN THE ELECTION. YOU HAVE YARD SIGNS ALL OVER THE CITY FOR THE — AT ONE TIME AND NOT HAVING HALF THE CITY COVERED WITH YARD SIGNS AND HALF THE CITY NOT COVERED. AND, YOU KNOW, SO YOU HAVE — YOU SPEND A MILLION BUCKS AND 200,000 REGISTERED VOTEDDERS GET TO VOTE FOR ONE SPOT FOR A-MILLION-DOLLAR COST TO THE GENERAL FUND? I WOULD LIKE TO PROPOSE THIS FIFTH TRANSITION.

[ONE MOMENT, PLEASE, WHILE CAPTIONERS CHANGE]

THERE'S A LOT OF — I THINK A LOT MORE INTEREST IN THE COMMUNITY BECAUSE EVERYBODY IS UP, IT'S JUST A SIMPLER SCENARIO.

STEINER: IT DOES HAVE THE 12-MEMBER COUNCIL FOR THE 2003 —

WYNN: RIGHT, A SLIGHT DISADVANTAGE IS FOR TWO YEARS THERE WILL BE 12 COUNCILMEMBERS BECAUSE OF THE ADDITIONAL AT-LARGE PERSON.

STEINER: BUT ALL SCENARIOS THAT WOULD PRESERVE THE FULL TERM OF THE PEOPLE ELECTED IN '02 WILL HAVE THAT SIDE EFFECT.

WYNN: AND EVERYBODY WHO DECIDES TO RUN IN '05 KNOWS THEY ARE RUNNING FOR A TWO-YEAR TERM. IF YOU DRAW LOTS, RATS, MY TERM WAS ONLY TWO YEARS, YOU KNOW, HIS TERM WAS THREE. EVERYBODY WHO RUNS FOR OFFICE IN 2003 WILL KNOW THEY ARE JUST RUNNING FOR A TWO-YEAR TERM.

I THINK THAT I HAD A SIMILAR SUGGESTION TO THAT YESTERDAY TRYING TO WORK OUT A COMPROMISE WITH YOU. I THINK IT'S THE SAME THING, AS A MATTER OF FACT. BECAUSE IT DOESN'T — BECAUSE YOU WERE TALKING ABOUT STAGGERED TERMS, NOT HAVING STAGGERED TERMS. THIS — BECAUSE YOU GET ONE AT-LARGE OR TWO RUNNING WITH THE OTHER WITHOUT ANYBODY VOTING IN THE OTHER DISTRICTS.

WYNN: RIGHT, HALF THE DISTRICTS ARE ONLY VOTING FOR THE MAYOR OR THE ONE AT-LARGE PLACE THAT YEAR.

STEINER: FROM MY POINT OF VIEW IT HAS THE ADVANTAGE OF BEING EASY TO DRAFT.

WYNN: IT'S EASY TO DRAFT. VERY EASY FOR OUR CITY CLERK TO HAVE TO GEAR UP ONCE EVERY THREE YEARS. IT SAVES A TREMENDOUS AMOUNT OF GENERAL FUND REVENUE. THE ENTIRE CITY VOTES AT THE SAME TIME. BUT — BUT YOU ARE NOT VOTING FOR 11 PLACES. EVERY CITIZEN VOTES FOR EXACTLY FOUR, NO MORE, NO LESS, NOT FOUR ONE YEAR, THREE ONE YEAR, ONE ONE YEAR, IT'S A CLEAN SITUATION AND I THINK IT'S JUST TO JUST BE EASIER FOR THE VOTERS IN THAT IT'S EVERY THREE YEARS, EVERYBODY IS RUNNING, THERE'S GOING TO BE A BIGGER INTEREST, HOPEFULLY MORE SORT OF MEDIA AND PRESS —

MAYOR GARCIA: THERE'S NO QUESTION ABOUT THE FACT THAT IT REBUTTS THE ARGUMENT THAT WAS MADE IN 1971 WHEN THEY SAID WE DON'T WANT FOOD BASKET TURNOVERS BECAUSE AT THAT TIME EVERYBODY VOTED FOR THE 5. THAT'S WHEN THEY INTRODUCED THE THREE YEAR TERMS, STAGGERED TERMS, IT HAS MERIT, THERE'S NO QUESTION ABOUT IT. COUNCILMEMBER SLUSHER, DO YOU WANT TO COMMENT ON THIS FURTHER?

SLUSHER: COUNCILMEMBER ALVAREZ MIGHT HAVE SOMETHING.

ALVAREZ: I HAD A QUESTION, MORE SO WITH THE TWO-YEAR INITIAL TERMS FOR ALL OF THE DISTRICT REPS, WOULD THEN THAT NOT COUNTS AS A FULL TERM, IF WE ARE TALKING TERM LIMITS STILL IN PLACE?

YOU COULD CERTAINLY SAY THAT THE — THAT THAT DOES NOT COUNT. YOU COULD MAKE THAT A PROVISION OF THE AMENDMENT, THAT THAT DOESN'T COUNT AGAINST THEM FOR TERM LIMITS —

ALVAREZ: EVEN IF WE ARE TRYING TO BE FAIR TO THOSE FOLKS THAT GET ELECTED THIS COMING MAY, SEEMS WE ALSO SHOULD BE —

STEINER: THAT WOULD BE EASY FOR ME TO PUT IN THAT — THAT THE INITIAL TWO-YEAR TERM DOES NOT COUNT AGAINST THEM FOR — FOR PURPOSES OF TERM LIMITING.

SLUSHER: THAT JUST IS A SLIGHT EDITING DIFFERENCE FROM WHAT'S ALREADY IN THERE ON OPTION 1, RIGHT? BECAUSE I THINK YOU HAD THAT LANGUAGE IN THERE, SOMEWHERE I SAW THE LANGUAGE ON THE SHORTENED TERM DOESN'T COUNT AGAINST THE TERM LIMITS.

STEINER: I PUT THAT IN ONE OF THE THINGS THAT YOU COULD PROVIDE AS A TRANSITION ORDINANCE, CERTAINLY SOMETHING THAT I CAN ALSO PROVIDE AND IT WOULD MAKE SENSE TO PROVIDE IN A — IN A TRANSITION PROVISION THAT WOULD GO DIRECTLY INTO THE CHARTER, WHICH IS I THINK WHAT WE ARE TALKING ABOUT NOW.

MAYOR GARCIA: OKAY. MS. BROWN, DID ANYBODY MAKE A MOTION.

WYNN: SORRY, MAYOR, ONE MORE POINTS. ONE MORE ADVANTAGE OF THIS, IN MY OPINION, IS SORTS OF ALL, EVERYBODY ON THE COUNCIL IS ELECTED IN '05, THEN AGAIN IN '08, THEN JUST LUCKILY THE NEXT ELECTION IS IN 2011, THE 2010 CENSUS FALLS AT A PERFECT TIME JUST THEN TO USE THE CENSUS DATA AND — AND IF NEED BE ADJUST THE — THE DISTRICT BOUNDARIES FOR THE '01 —

STEINER: ACTUALLY YOU PROBABLY WOULDN'T HAVE THE CENSUS DATA IN TIME — YOU WOULD PROBABLY BE DOING THAT IN '03.

'04.

STEINER: RIGHT, '04 BECAUSE THE CENSUS DATA WOULDN'T BE AVAILABLE. BUT THAT WOULD — THAT BLIP WOULD CONTINUE FOREVER.

MAYOR GARCIA: MAYBE BY THAT TIME ELECTRONICALLY WE COULD HAVE EVERYTHING ON THE INTERNET THE DAY AFTER THEY FINISHED TAKING THE CENSUS.

STEINER: YOU NEVER KNOW. [ LAUGHTER ].

MAYOR GARCIA: WE TALKED ABOUT TECHNICAL ADVANCES AT ONE TIME, DIDN'T WE?

OH, YEAH. [ LAUGHTER ].

MAYOR GARCIA: IS THERE A MOTION ON THIS ITEM?

WYNN: MAYOR, I WILL MOVE APPROVAL OF ITEM A, I GUESS MY QUESTION IS — I MEAN, I WOULD LIKE TO SEE THE — YOU KNOW, TRANSITION PLAN 5.

MAYOR GARCIA: OKAY.

WYNN: SO PERHAPS WE COULD PASS THIS ON SECOND READING ONLY.

SLUSHER: I WOULD SECOND THAT.

MAYOR GARCIA: SECOND READING ONLY, IS THAT WHAT YOU ARE DOING?

WYNN: YES, SIR.

MAYOR GARCIA: OKAY, MOTION BY COUNCILMEMBER WYNN, SECONDED BY COUNCILMEMBER SLUSHER. DISCUSSION? AND OF COURSE, ALSO, INCLUDING THE PROVISION THAT WAS BROUGHT UP BY COUNCILMEMBER ALVAREZ WITH REGARD TO TWO—- HOW TWO-YEAR TERMS ARE HANDLED REGARDING TERM LIMITS.

STEINER: YES, SIR, I UNDERSTAND.

MAYOR GARCIA: FURTHER DISCUSSION?

THOMAS: YES, MAYOR. I THINK WE SAID LAST NIGHT WE ARE GETTING DOWN TO THE THIRD READING, SO WHEN ARE WE GOING TO DISCUSS ABOUT HOW ARE WE GOING TO DO THE ACTUAL MAPPING, BECAUSE WE — THIRD READING, THEN WE ARE JUST GOING TO — THAT'S GOING TO CHANGE —

STEINER: WELL, THE — THE MAPPING — THE CHARTER REVISION, THE AMENDMENT TO THE CHARTER PROVIDES THAT THE COUNCIL WILL FROM TIME TO TIME REDISTRICT THE CITY. AND SHALL REDISTRICT IT AFTER EACH DECENNIAL CENSUS. NOW THE REDISTRICTING WILL ALWAYS BE DONE BY THE COUNCIL BY ORDINANCE. SO THE CHARTER PROVISION THAT I HAVE DRAFTED SAYS THAT IF COUNCIL SO CHOOSES, IT CAN ADOPT A REDISTRICTING ORDINANCE IN ANTICIPATION OF THE PASSAGE OF THIS CHARTER PROVISION. AND YOU COULD — AND YOU COULD DO THAT. THE ONLY DIFFICULTY THAT PRESENTS IS FOR PURPOSES OF SECTION 5 COMPLIANCE, ONE OF THE THINGS WE ARE GOING TO NEED TO ADVISE THE JUSTICE DEPARTMENT OF ARE THE EVIDENCE OF THE PUBLIC NOTICES THAT WE HAVE GIVEN, THE OPPORTUNITY THAT THE PUBLIC HAS HAD TO BE HEARD, THE OPPORTUNITY FOR INTERESTED PARTIES TO PARTICIPATE IN THE DECISION, THE ACCOUNT OF THE EXTENT TO WHICH THE PARTICIPATION, ESPECIALLY BY MINORITY GROUP MEMBERS, IN FACT, TOOK PLACE, THE NEWSPAPERS, THE PUBLIC NOTICES, THE PUBLIC COMMENT, THE RADIO, TELEVISION AND NEWSPAPER ADS. AND ALL OF THOSE WITH RESPECT TO THE DRAWING OF THE DISTRICTS. NOW, IF THE DISTRICTS ARE TO BE DRAWN IN TIME FOR THEM TO BE MEANINGFUL, FOR THE MAY 4TH ELECTION, AND WE HAVE GOT TO HAVE THE EVIDENCE OF ALL OF THIS PUBLIC PARTICIPATION WE ARE GOING TO NEED TO GET THAT PUBLIC PARTICIPATION UNDERWAY PRETTY QUICK. AND IT'S UP TO THE COUNCIL OF COURSE TO DECIDE WHETHER THAT'S DOABLE IN THE TIME THAT WE HAVE GOT TO DO IT. BUT PROBABLY, I MEAN, YOU WOULD WANT TO HAVE — IF YOU WOULD WANT TO HAVE FINAL DISTRICTS DRAWN, BY THE TIME THAT, SAY, ABSENTEE VOTING STARTS, WHICH IS 20 DAYS BEFORE THE ELECTION, THAT LEAVES US — THREE WEEKS TO GET THE PROCESS DONE, WHICH IS DOABLE, BUT — BUT AMBITIOUS.

THOMAS: SO ALL THE TIME WE'VE BEEN ASKING THIS, NOBODY HAS EVEN CONSIDERED START DOING IT OR NOT OWE OWE.

STEINER: WELL, YES, SIR WE HAVE STARTED.

THOMAS: I MEAN FINALIZING. I UNDERSTAND START IT. BUT FINALIZE THAT IT BE PREPARED FOR THE BALLOT, THAT'S WHAT I'M TALKING ABOUT.

STEINER: WELL, COUNCIL IS THE ONLY BODY THAT CAN DO THAT, SIR.

THOMAS: SO I GUESS I'M THE ONLY ONE TALKING.

CAN WE GET A CALENDAR OF THE REMAINING DATES BETWEEN NOW AND THE FOURTH. PART OF YOUR DECISION TREE HERE IS IF YOU WANT IT FOR EARLY VOTING, IF IT WAS NOT READY BY EARLY VOTING, YOU WOULD HAVE A LITTLE MORE TIME BY REGULAR VOTING TO HAVE IT FINISHED. YOU DO NEED TO BE ABLE TO SHOW D.O.J., I THINK JOHN HAS SAID THIS, YOU HAVE TO BE ABLE TO SHOW D.O.J. THAT YOU HAD AN INCLUSIVE PROCESS PARTICULARLY INVOLVING ALL OF THE MINORITY COMMUNITIES, INCLUDING PUBLICITY, ADVERTISING, PUBLIC HEARINGS. BUT DEPENDING ON WHEN YOU WANT IT READY, WE CAN BACK UP BY THERE, BUT BY EARLY VOTING YOU ARE THREE WEEKS, PROBABLY FOUR TO FIVE BY REGULAR VOTING TO HAVE IT OUT ABOUT A WEEK BEFORE, WE WILL GET A CALENDAR PRINTED OUT SO YOU CAN LOOK AT DATES.

SLUSHER: SO, MAYOR, CAN I — I'VE GOT THE SCHEDULE HERE, WE ARE — THERE'S NO COUNCIL MEETING NEXT WEEK, MARCH 28TH, AND THEN WE MEET EVERY WEEK DURING APRIL AND ARE OFF MAY 2ND.

WYNN: WHAT ARE THOSE DATES IN APRIL?

SLUSHER: MARCH 28TH IS A CANCELLED MEETING AND MAY 2ND.

WYNN: WHAT ARE THE DATES IN APRIL?

SLUSHER: I'M JUST LOOKING AT THE LIST OF THE CANCELLED MEETINGS. I GUESS IT WOULD BE THE 4TH, 11TH, 18TH AND 25TH. SO THE — SO THE CHARTER REVIEW PROCESS, THAT THAT PUBLIC PROCESS DOESN'T COUNT TOWARD THE MAP DRAWING.

STEINER: I THINK WE WOULD BE — RIGHT. I THINK WE WOULD — THE INCLUSIVE PROCESS WE'VE HAD FOR THE IDEA OF SINGLE-MEMBER DISTRICTS I THINK IT GOOD, BUT THE MAP DRAWING I THINK WE ARE ALSO GOING TO NEED TO SHOW AN INCLUSIVE PROCESS FOR.

WYNN: MS. BROWN WHAT DAY WILL EARLY VOTING AGAIN.

CLERK BROWN: 17TH.

WYNN: APRIL 17TH. 7.

MAYOR GARCIA: SO WE NEED TO HAVE AN ITEM ON THE AGENDA OF THE 4TH AND OF THE 11TH. AND IF THAT REQUIRES AN ORDINANCE WE NEED TO POST IT IN — IF WE — WE HAVE IT ON THE 11TH, WE NEED TO POST IT AS AN EMERGENCY ITEM SO THAT IT WILL NOT WAIT 10 DAYS BEFORE IT TAKES EFFECT.

STEINER: WE COULD CERTAINLY DO THAT.

MAYOR GARCIA: IS THAT OKAY WITH YOU, COUNCILMEMBER THOMAS.

THOMAS: IT'S FINE WITH ME, I'M JUST SAYING TO BE SUCCESSFUL IN THE SINGLE-MEMBER DISTRICTS, I THINK THAT WE WOULD, THIS IS WHAT THE CITIZENS HAVE CRIED OUT FOR. IF WE WANT TO BE SUCCESSFUL, I THINK WE NEED TO TRY TO DO AS BEST — WHAT ELSE DO WE HAVE TO DO? I KNOW IT'S A LITTLE BIT MORE IN DETAIL, I COM MEPD YOU FOR WHO YOU HAVE STARTED, BUT I'M JUST SAYING WHAT ELSE, HOW MUCH MORE DETAIL DO WE NEED TO GO INTO AS FAR AS THE DISTRICT, THE DRAWING OF THE DISTRICT.

RYAN, WHY DON'T YOU COME UP AND JOIN US, WHAT YOU HAVE GOT IN FRONT OF YOU ARE TWO DIFFERENT MAPS. THEY HAVE BEEN BLOWN UP TO GIVE YOU MORE DETAIL TO INCLUDE STREET NAMES FOR BETTER IDENTIFICATION OF BOUNDARIES. THEY ALSO INCLUDE MARKETING DOWN — MARKING DOWN THE NEIGHBOR ASSOCIATIONS WITHIN THOSE AREAS. THE SECOND MAP SHOWS THE DISTRICTS OVERLAPPED, I BELIEVE, RYAN, WITH THE NEIGHBORHOOD PLANNING AREAS. AS A START FOR TRUE TO MAKE SURE AS A MINIMUM WE DON'T SPLIT NEIGHBORHOOD PLANNING AREAS BY DISTRICT. THAT WAS THE BEGINNING POINT. TO GIVE YOU ALL MORE DETAIL ABOUT THE BASELINE MAP THAT'S ON THE TABLE. RYAN, WHAT ELSE CAN YOU ADD ABOUT WHAT YOU'VE GOT.

THAT'S ABSOLUTELY CORRECT. COUNCILMEMBER, WE ARE AT THIS POINT, THIS IS A PLACE TO START FROM, BUT WE NEED TO ESTABLISH WHAT THE PROCESS WOULD BE TO DEFINE THESE LINES. THAT WOULD BE PUBLIC PARTICIPATION OR ONE ON ONE SESSIONS WITH COUNCILMEMBERS, HOWEVER Y'ALL WANT TO DRIVE THIS. BUT WE HAVE COME BACK WITH MORE DETAILED MAPS THAT TRYING AND — TRY AND GET AT THE LAY OF THE NEIGHBORHOOD LANDSCAPE. BUT FROM HERE IT'S REALLY GOING TO BE — WE ARE GOING TO BE MORE IN A POSITION OF RESPONDING TO SUGGESTED CHANGES THAN WE ARE BECAUSE WE HAVE REALLY SORT OF DONE WHAT IT IS THAT WE CAN DO WITH — WITH THE BASIC INFORMATION.

TO SO ONE OF THE THINGS WE WILL BE DOING FOR SOME DIRECTION TODAY, IF WE NTS TO HAVE AN ADOPTED DETAILED MAP IN PLACE BEFORE THE ELECTION, WE NEED TO KNOW PRIOR TO EARLY VOTING OR THE REGULAR ELECTION.

MAYOR GARCIA: EARLY VOTING.

IN THAT CASE A LOOK AT WHAT THAT PROCESS WOULD LIKE FOR Y'ALL, WE NO PUBLIC HEARINGS, COMMUNITY MEETINGS, PUBLIC NOTICES AND ADVERTISING, BUT HOW DOES THE COUNCIL WANT THE DECISION PROCESS TO OCCUR.

MAYOR GARCIA: WE PROBABLY OUGHT TO DO A COUPLE OF THINGS. NUMBER ONE IS ON APRIL THE 3RD, WHEN WE HAVE THE WORK SESSION, WE NEED TO DEDICATE A SIGNIFICANT PART OF THAT WORK SESSION TO THE MAPS. ON THE 4TH, WE NEED TO HAVE AN ORDINANCE THAT IN ESSENCE LAYS OUT WHATEVER THE PROPER PROVISIONS ARE FOR THE MAPS. THAT ONE CAN BE JUST A REGULAR ORDINANCE BECAUSE IT WOULD PASS IT ON — ON ALL THREE READINGS. THERE'S ENOUGH TIME BETWEEN THE FOURTH AND THE 14TH. THE — THE EARLY VOTING STARTS WHEN?

EARLY VOTING STARTS ON THE 17TH. WE WOULD HAVE ONE MORE COUNCIL MEETING, THE 11TH, BEFORE THAT.

MAYOR GARCIA: FOR THE ORDINANCE THAT WE WILL CONSIDER ON THE FOURTH, IT CAN BE JUST IN A REGULAR TIME FRAME. FOR THE ONE — THEN ON THE 10TH, WE ALSO NEED TO HAVE A SLOT ON THE WORK SESSION FOR — FOR RESPONDING TO QUESTIONS THAT — THAT COUNCILMEMBERS MAY HAVE DEVELOPED DURING THE — DURING THE WEEK. SO WE WILL HAVE AN ITEM THERE TO DEAL WITH THE ISSUE OF MAPS FOR THE SINGLE-MEMBER DISTRICTS. THE ORDINANCE THAT WE PUT ON THE 11TH WILL BE ONE THAT WILL BE FOR EMERGENCY PASSAGE BECAUSE THAT HAS TO PASS IMMEDIATELY SO THAT IT BECOMES EFFECTIVE FOR THE — FOR THE ELECTION EARLY VOTE THAT STARTS SIX DAYS LATER.

MAYOR, I THINK WE ARE GOING TO HAVE TO CONSIDER SOME SPECIAL CALLED MEETINGS, AT LEAST SPECIAL CALLED PUBLIC HEARINGS, KEEP THE QUORUM AND MAYBE CALL THEM IN A COUPLE OF DIFFERENT SPOTS AROUND TOWN OR SOMETHING. BUT THIS IS OBVIOUSLY IMPORTANT —

MAYOR GARCIA: LET ME ASK MR. ROBINSON, IF WE WERE TO CALL A SPECIAL PUBLIC HEARING ON THE SECOND OF APRIL, WOULD YOU BE READY TO MAKE A PRESENTATION TO HAVE PEOPLE COME LOOK AT THE MAPS AND THEY CAN SPEAK TO THEM.

I THINK SOME, MAYOR. WHAT WE WOULD DO IS WE WOULD SHOW THESE MAPS AND — AND — AGAIN, BUILD IN A PROCESS TO HOW WE CAN ACCOMMODATE CHANGES SUGGESTED. BUT I THINK WE ARE READY TO GO FOR THAT.

MAYOR GARCIA: I DON'T KNOW — DO WE NEED TO ANNOUNCE IN A COUNCIL MEETING THE SETTING OF THE PUBLIC HEARINGS OR CAN WE HAVE A PUBLIC HEARING? WITHOUT SETTING THE PUBLIC HEARING BY COUNCIL ACTION.

STEINER: OF COURSE ANY ITEM THAT'S ON THE AGENDA YOUR RULES PROVIDE THAT CITIZENS CAN SIGN UP AND SPEAK TO.

MAYOR GARCIA: OKAY.

STEINER: SO —

MAYOR GARCIA: WELL, WE WON'T POST IT AS A PUBLIC HEARING BECAUSE WE DON'T HAVE TIME TO VOTE ON IT. IT WILL JUST BE AN AGENDA ITEM THE PRESENTATION OF THE MAPS.

YOU CAN POST A PUBLIC HEARING BECAUSE YOU WILL STILL BE COMPLYING WITH THE OPEN MEETINGS ACT BY GIVING THREE DAYS ADVANCE NOTICE, THAT CAN BE DONE.

STEINER: ANYTHING THAT YOU WANT TO POST AS A OPINION HEARING YOU CAN.

FUTRELL: ALSO WE CAN DO SOME ADVERTISING, OTHER WAYS TO GET THE WORD OUT, MAKE SURE PEOPLE ARE AWARE, WE CAN USE OUR NEIGHBORHOOD LETTER, DEPENDING ON THE TIMING OF THAT, CHANNEL 6.

STEINER: NOTICES IN SPANISH LANGUAGE NEWSPAPERS.

FUTRELL: AFRICAN AMERICAN PUBLICATIONS.

STEINER: SPANISH LANGUAGE RADIO STATIONS.

MAYOR GARCIA: IS THAT — WE WILL HAVE THE PUBLIC HEARING ON THE SECOND. THE WORK SESSION ON THE 3RD WE WILL HAVE THIS ITEM ON THERE AND WE WILL TRY TO KEEP AS MANY ITEMS OFF OF THAT WORK SESSION AGENDA SO WE CAN DEDICATE A SUFFICIENT TIME TO IT. ON THE FOURTH WE WILL HAVE AN ORDINANCE TO VOTE ON. THAT ORDINANCE WOULD JUST BE REGULAR WITH NO — NO PROVISION FOR EMERGENCY PASSAGE. THE ONE ON THE 11TH — AT THAT TIME, INCIDENTALLY, WE CAN TALK ABOUT WHAT ARE WE GOING TO DO THE FOLLOWING WEEK. WE ARE STILL NEEDING MORE TIME. WE WILL DO, AGAIN, 9:00, 10:00, 11:00.

FUTRELL: SOMETHING THAT WE CAN BRING YOU TOMORROW, WE CAN BRING YOU A DRAFT COMMUNICATION PLAN. WE WILL PUT DATES DOWN, GIVE YOU AN IDEA OF HOW WE WILL ADVERTISE, YOU KNOW, ANY COMMUNITY MEETINGS, WE MIGHT BE ABLE TO PREPARE. ONE QUESTION WOULD BE DUE WANTS ANY BOARD AND COMMISSION REVIEW AS PART OF THIS, DID YOU WANT TO TRY TO REVISION — THE CHARTER REVISION COMMITTEE TO HAVE FEEDBACK ON IT. THESE ARE JUST QUESTIONS FOR YOU ALL TO FRAME FOR US.

MAYOR GARCIA: I THINK MAYOR WATSON IS SITTING SOMEWHERE IN SOME ROOM LISTENING TO THIS SAYING GUS GARCIA IS HAVING MEETING AFTER MEETING AFTER MEETING, WHEN I WAS HERE I COULD HAVE DONE IT IN ONE MEETING. MAYOR WATSON, YOU DON'T KNOW WHAT WE ARE DOING HERE — [ LAUGHTER ]

SLUSHER: [INAUDIBLE]. [ LAUGHTER ].

GRIFFITH: MAYOR?

MAYOR GARCIA: COUNCILMEMBER GRIFFITH?

GRIFFITH: YES. THE — THE SUGGESTION WAS MADE THAT MAYBE BOARDS AND COMMISSIONS COULD BE CERTAIN ONES COULD BE INVOLVED IN THIS. SEEMS TO ME THAT THE PLANNING GROUP THAT WE HAVE CREATED, THE PLANNING COMMISSION MIGHT NEED TO LOOK AT THIS. THIS SEEMS TO BE IN THEIR JOB DESCRIPTION. IF THERE'S A WAY THAT THEY COULD HEAR THIS — HEAR THIS QUESTION AND MAKE A RECOMMENDATION IT COULD BE POSITIVE.

MAYOR GARCIA: SO BOARDS AND COMMISSIONS THAT THINK THAT IT IS APPROPRIATE FOR THEM TO HAVE HEARINGS ON THIS, CAN REQUEST THE CITY MANAGER TO — TO POST THOSE MEETINGS SO THEY CAN HAVE THOSE THINGS. MR. ROBINSON LOOKS LIKE YOU MAY BE BUSY DURING THOSE TWO WEEKS.

IF I MAY, I HAVE LOOKED INTO A COUPLE OF OTHER LARGE CITIES AND HOW THEY HAVE DONE IT RECENTLY AND FOUND SOME INTERESTING INFORMATION FROM SAN FRANCISCO. IT SEEMS TO ME THAT WE ARE, I HOPE THIS IS WITHIN MY PLACE TO SAY THIS, BUT THAT WE ARE WANTING TO CONDENSE A PROCESS THAT OTHER LARGE CITIES HAVE DONE OVER A — OVER A HALF A YEAR OR A YEAR. AND IT SEEMS THAT WE MIGHT BE TRYING TO PULL A RABBIT OUT OF A HAT TO DO IT IN JUST THIS THREE WEEK PERIOD. BUT IN TERMS OF — YOU KNOW, WE ARE READY TO GO AND CAN THROW AS MUCH TIME AND ENERGY AT THIS AS WE NEED TO.

MAYOR GARCIA: VERY GOOD. SO WE HAVE A MOTION AND A SECOND FOR — FOR ITEM NO. 1-A, WITH THE TRANSITION PLAN 5, AND THE ANNOUNCEMENTS WITH REGARD TO THE ACTIVITY DEALING WITH — WITH THE FORMULATION OF THE PLANS FOR THE MAPS. FURTHER DISCUSSION? ALL IN FAVOR, SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: THIS IS SECOND READING. ALL THOSE AGAINST, NAY. OKAY, THAT MOTION CARRIES ON A VOTE OF 7-0. FOR SECOND READING. THE NEXT ITEM IS THE REPEAL OF TERM LIMITS FOR THE MAYOR AND THE COUNCIL. THAT ONE HAD A VOTE OF 4 TO 3 YESTERDAY. SO — I WILL ENTERTAIN A MOTION ON —

GRIFFITH: MAYOR, EXCUSE ME. WAS THE MAIN MOTION FOR THE 8-2-1, AS WELL AS THE — THE TRANSITION PLAN?

MAYOR GARCIA: TRANSITION.

GRIFFITH: OKAY. I'M SORRY, I THOUGHT WE WERE DOING THAT SEPARATELY.

MAYOR GARCIA: WE DID IT — THE MOTION WAS TO INCLUDE TRANSITION PLAN 5.

GRIFFITH: OKAY. COULD I —

MAYOR GARCIA: IS THAT OKAY?

GRIFFITH: I NEED TO NOT VOTE FOR THE MAIN MOTION.

MAYOR GARCIA: OKAY. SO YOU ARE GOING TO ABSTAIN OR ARE YOU GOING TO BE AGAINST?

GRIFFITH: LET ME ABSTAIN TODAY.

MAYOR GARCIA: OKAY. SO FOR SECOND READING THE VOTE, MS. BROWN, IS 6-0-1 WITH COUNCILMEMBER GRIFFITH ABSTAINING.

GRIFFITH: REASON BEING, I THINK IT'S REALLY IMPORTANT TO HAVE — TO BE SURE WE HAVE GOT THOSE MAPS ON THERE. IF WE DON'T, I CAN'T SUPPORT THAT.

MAYOR GARCIA: OKAY. RECALLING ITEM B, REPEAL OF TERM LIMITS BY THE MAYOR AND THE COUNCIL [SIC]. I WILL ENTERTAIN A MOTION ON THAT ONE.

GOODMAN: SO MOVED.

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

GOODMAN: I GUESS THAT I COULD SAY MY SAME THING I SAY ALL OF THE TIME. I CONSIDER IT AN ABRIDGEMENT OF MY RIGHTS AS A VOTER, I DON'T BELIEVE THEN IN THIS CITY SHOULD HAVE TO ABIDE BY SUCH AN ABRIDGEMENT.

MAYOR GARCIA: COUNCILMEMBER SLUSHER? WE ARE GOING TO VOTE ON THIS ONE. AND YOU ARE THE SWING VOTE, SO ...

SLUSHER: TERM LIMIT?

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

AYE.

MAYOR GARCIA: OPPOSED NO?

NO.

MAYOR GARCIA: THAT PASSES ON SECOND READING BY A VOTE OF 4 TO 3. WITH COUNCILMEMBERS ALVAREZ, WYNN, AND THOMAS VOTING NAY. THE CITY ATTORNEY HAS INFORMED US THAT SHE IS REQUESTING THAT FOR ITEM — G, CITY COUNCIL APPOINTMENT OF AN ELECTRIC UTILITY CONSUMER ADVOCATE, SHE'S REQUESTING THAT WE GO INTO EXECUTIVE SESSION. SO — SO WE CAN DO THIS UNDER SECTION 551.071, BUT BEFORE WE DO THAT, I WILL ASK THE CITY ATTORNEY TO — TO — IF SHE WANTS TO MAKE ANY COMMENTS BY EITHER HER OR THE ATTORNEY THAT DOES THE ELECTRIC UTILITY LEGAL WORK.

THERE HAVE BEEN SOME QUESTIONS THAT HAVE BEEN RAISED ABOUT TO WHAT EXTENT WOULD A CHARTER CHANGE ON THIS ISSUE IMPACT OTHER PROVISIONS OF THE CHARTER. WE WOULD PREFER TO ADVISE YOU IN EXECUTIVE SESSION ON THOSE ISSUES. MR. CONN?

YES. MY UNDERSTANDING IS THERE MAY BE SOME QUESTION AS TO WHERE THE DUTIES AND RESPONSIBILITIES OF THE CONSUMER ADVOCATE AND — AND HOW THAT — I GUESS THAT YOU WOULD AGREE, I WANTED TO MAKE SURE THERE'S NO QUESTION AS TO WHERE THE DUTIES AND RESPONSIBILITIES OF THE CONSUMER ADVOCATE BEGIN OR END AND HOW THOSE MIGHT MESH WITH RESPONSIBILITIES OF THE CITY MANAGER AS FAR AS HIS ADMINISTRATIVE RESPONSIBILITIES AND MANAGING THE DIFFERENT DEPARTMENTS OF THE CITY.

MAYOR GARCIA: I WILL ANNOUNCE AT THIS TIME THAT THE CITY COUNCIL IS GOING INTO CLOSED SESSION UNDER CHAPTER 551 OF THE TEXAS GOVERNMENT CODE TO RECEIVE ADVICE FROM LEGAL COUNSEL. THIS IS ON ITEM — AGENDA ITEM NO. 1G, WHICH IS THE CITY COUNCIL APPOINTMENT OF THE ELECTRIC UTILITY CONSUMER ADVOCATE AND THAT'S UNDER SECTION 551.071 AND WE ARE MEETING IN THE SECOND FLOOR CONFERENCE ROOM, ONE FLOOR DOWN IN THE CONFERENCE ROOM. WE WILL REASSEMBLE OVER THERE AND I WILL CALL THAT MEETING TO ORDER. COUNCILMEMBER THOMAS?

[INAUDIBLE - NO MIC].

(EXECUTIVE SESSION)

MAYOR GARCIA: OKAY. WE HAVE A QUORUM OF THE COUNCIL IN THE CHAMBERS AND I'M GOING TO CALL UP — I'M GOING TO RECONVENE THE MEETING OF THE COUNCIL AND WE'LL TAKE UP ITEM NUMBER F, WHICH IS A REPEAL OF THE CHARTER SECTION REGARDING CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. AND THAT'S ITEM F. AND THE VOTE ON THAT ONE WAS 4-3 YESTERDAY, SO IN ORDER FOR US TO BUTT THAT ON THE BALLOT, WE WOULD HAVE TO VOTE TODAY AND TOMORROW. SO I'LL ENTERTAIN A MOTION ON THAT ONE.

WYNN: MAYOR, WE STILL NEED ANOTHER PROPONENT.

MAYOR GARCIA: YES. SOMEBODY FIND THE MAYOR PRO TEM. I'M CALLING UP ITEM NUMBER F, WHICH IS THE REPEAL OF THE CHARTER SECTION REGARDING CAMPAIGN CONTRIBUTIONS AND EXPENDITURES. AND I'LL ENTERTAIN A MOTION ON THAT ITEM.

WYNN: I'LL MOVE APPROVAL. AND AS I SAID BEFORE SEVERAL TIMES, IN ORDER TO IMPROVE, THAT IS SLIGHTLY REFORM THE EXISTING PROVISION, WE FIRST HAVE TO REPEAL IT AND ALLOW THE COUNCIL TO THEN COME FORWARD WITH AN ORDINANCE LANGUAGE TO STRENGTHEN AND ACTUALLY HAVE SOME TRUE FINANCE REFORM.

MAYOR GARCIA: AND I'LL SECOND THAT MOTION. AND IS THERE DISCUSSION? NO COUNCILMEMBERS HAVE — IF THERE'S NO DISCUSSION, I'LL — THOSE IN FAVOR SIGNIFY BY SAYING AYE.

AYE.

MAYOR GARCIA: OPPOSED NAY.

MAYOR GARCIA: IT PASSED ON A VOTE OF FOUR-THREE WITH COUNCILMEMBERS ALVAREZ, GRIFFITH AND THOMAS VAITING NAY. THAT GETS US TO THE LAST ITEM THAT WE WILL BE HANDLING, BUT WE WILL NOT BE TALKING ABOUT INCREASING THE CITY MANAGER'S ADMINISTRATIVE PURCHASE AUTHORITY TODAY, BUT WE WILL GO OVER THAT TOMORROW. AND WE WILL HAVE TO HAVE FIVE VOTES ON THAT ONE TOMORROW. CITY COUNCIL APPOINTMENT OF AN ELECTRIC UTILITY CONSUMER ADVOCATE.

WYNN: MAYOR, IF I COULD, I HAVE TO LEAVE, BUT MY ABSENCE WON'T AFFECT THE OUTCOME OF THIS VOTE.

MAYOR GARCIA: OKAY. I'LL ENTERTAIN A MOTION ON THAT ONE.

ALVAREZ: MAYOR?

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: I MOVE APPROVAL OF THE LANGUAGE THAT IS IN THE ORDINANCE DATED MARCH 19TH, 2002.

MAYOR GARCIA: THERE'S A VERSION C WHICH IS 320. IS THAT THE ONE YOU GOT?

ALVAREZ: YES.

MAYOR GARCIA: AND CAN YOU REFER US TO THE —

ALVAREZ: YEAH, PAGE 7 OF 18 AND IT'S PART 11.

MAYOR GARCIA: AND CITY COUNCIL MAY APPOINT AN ELECTRIC UTILITY CONSUMER ADVOCATE AT THE PLEASURE OF THE COUNCIL. THEYL HAVE THE DUTIES ASSIGNED BY ORDINANCE RELATED TO — FOR ADVISING THE COUNCIL AND RAISING THE ELECTRIC UTILITY RATE AND PRODUCT AND SERVICE DELIVERY ISSUES FOR THE PURCHASER OF ELECTRIC UTILITY SERVICES. THAT'S THE WAY IT IS IN THE ORDINANCE.

ALVAREZ: AND THE ONLY CHANGE I WAS GOING TO PROPOSE AFTER CONFERRING WITH STAFF AND OTHER COUNCILMEMBERS IS THAT AFTER THE ELECTRIC UTILITY RATE, PLACE A COMMA, AT AND PLANNING, AND KEEP ALL THE REST.

MAYOR GARCIA: SO ON LINE 29, ASSIGN ORDINANCE RELATED TO ADVISING THE COUNCIL ON ELECTRIC UTILITY RATES, PLANNING AND PRODUCT AND SERVICE DELIVERY ISSUES, CORRECT?

ALVAREZ: YES.

MAYOR GARCIA: IS THERE A SECOND?

THOMAS: SECOND.

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

AYE.

MAYOR GARCIA: OPPOSED NO.

MAYOR GARCIA: NO. MOTION CARRIES. OKAY. THAT PASSES ON A VOTE OF 4-2-1 WITH COUNCILMEMBER SLUSHER AND THE MAYOR VOTING NO AND COUNCILMEMBER WYNN ABSENT. THAT IS ALL OF THE ITEMS THAT ARE COMING BEFORE COUNCIL TODAY. I'LL ENTERTAIN A MOTION TO ADJOURN.

SO MOVE.

SLUSHER: SECOND.

MAYOR GARCIA: MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY COUNCILMEMBER WYNN TO ADJOURN AND WE'RE OUT OF HERE. HOPE YOU ALL MAKE ALL YOUR MEETINGS. GOOD LUCK, HAVE A GREAT AFTERNOON.

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