Closed Caption Log, Council Worksession
Wednesday, April 10, 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: [INAUDIBLE] STARTED THIS INITIATIVE AND THEY HAD THE FIRST CONGRESS LAST YEAR AND WILL HAPPEN AND THIS YEAR THEY ARE GOING TO HAVE IT INSTEAD OF [INAUDIBLE]. MY — MY ANCESTOR'S HOME STATE, SO I WANT TO WELCOME — FERNANDO RODRIGUEZ TO COME AND SAY A FEW WORD. THEY HAVE TO GO CATCH A PLANE. HE'S GOING TO SPEAK IN SPANISH. [INAUDIBLE] I'M GOING TO DO MY BEST [INAUDIBLE], WELCOME. [SPEAKING IN SPANISH]

MAYOR GARCIA: HE'S THANKING ME FOR [ LAUGHTER ] [INAUDIBLE - NO MIC] [ LAUGHTER ]. [SPEAKING IN SPANISH]

MAYOR GARCIA: HE'S HERE TO INVITE ME AND I'M SURE ALL OF THE OTHER COUNCILMEMBERS THAT MAY WANT TO GO TO THE SECOND ANNUAL NATIONAL CONGRESS CITIZEN PARTICIPATION ON PUBLIC SAFETY.

[SPEAKING IN SPANISH]

MAYOR GARCIA: HE IS HERE TO INVITE BECAUSE THERE IS A GREAT DEAL OF CONCERN AMONG THE CITIZENRY IN MEXICO WITH THE WORKINGS OF THE POLICE DEPARTMENT AND WITH PUBLIC SAFETY.

[SPEAKING IN SPANISH]

MAYOR GARCIA: THEY HAVE A VERY DEEP CONCERN WITH THE FEELINGS OF THE — OF THE ATTITUDES OF THE COMMUNITY. AND SO THEY WANT TO ASK THE COMMUNITY FOR MORE PARTICIPATION WITH THE POLICE DEPARTMENT TO MAKE THE POLICE DEPARTMENT MORE EFFECTIVE. AND — AND COUNCILMEMBER THOMAS IS A FORMER POLICE OFFICER, SO HE — HE UNDERSTANDS THAT VERY WELL, AS DO MOST EVERYBODY.

[SPEAKING IN SPANISH].

THEY HAVE LOOKED AT THE ISSUE OF HOW AUSTIN HAS ADDRESSED THE ISSUE OF PUBLIC SAFETY. THEY LIKE WHAT THEY HAVE SEEN. AND THEY ARE HERE TO INVITE ME AND ALL COUNCILMEMBERS THAT WANT TO PARTICIPATE IN THE SECOND ANNUAL CONGRESS, WHICH WILL BE MAY THE 23RD, 24TH AND 25TH. AND — IN VICTORIA, WHICH IS THE CAPITOL OF THE STATE OF TAMILAPAS. INCIDENTALLY, A MOUNTAIN SIDE, BEAUTIFUL COMMUNITY THAT I THINK EVERYBODY WOULD ENJOY VISITING.

[SPEAKING IN SPANISH]

MAYOR GARCIA: THIS IS BASICALLY AN INVITATION FROM THE COMMITTEE, BUT IT ALSO IS AN INVITATION FROM THE GOVERNOR AND SOME OF YOU MAY BE A LITTLE BIT SURPRISED BY THE NAME OF THE GOVERNOR. HIS NAME IS THOMAS YARRINGTON. AND — AND THEY HAVE — THEY WOULD VERY MUCH LIKE FOR ME TO ATTEND, SO I PROBABLY AFTER WE HAVE A MEETING OF THE COUNCIL I WILL PROBABLY GET ON AN AIRPLANE AND GO OVER THERE AND PARTICIPATE WITH THEM.

[SPEAKING IN SPANISH]

MAYOR GARCIA: LIKE HE INDICATED EARLIER, THEY HAVE A CONSTANT CONCERN WITH MANY ASPECTS OF PUBLIC SAFETY. AND SO THEY FEEL THAT — THAT THE CITIZENS DON'T HAVE ENOUGH CONFIDENCE IN THE PUBLIC SAFETY SYSTEMS AND THEY WANT TO CALL ON THE CITIZENS TO — TO HAVE THEM PARTICIPATE MORE SO THAT THEIR CONFIDENCE LEVEL GOES UP AND THEY HAVE SEEN HOW THINGS ARE DONE HERE AND THEY — YOU KNOW, THEY ARE WANTING TO — TO HAVE US GO THERE. HE'S ASKING ANY COUNCILMEMBER THAT WANTS TO GO, ALSO TO PARTICIPATE.

I WANT TO THANK MR. GUS GARCIA FOR GIVING US THE — THIS TIME. MY FRIEND JESUS QUINN...... QUAIN............ HEY QUINTERO FROM — JESUS FROM MEXICO, WE APPRECIATE YOUR TIME, WE THINK THE MAYOR GUS GARCIA WAS SORRY BECAUSE WE HAVE TO LEAVE AUSTIN AFTER A WHILE BECAUSE WE ARE IN A HURRY, WE HAVE TO BE IN AIRPORT. WE WOULD LIKE GUS GARCIA JUST LET YOUR COUNCILS WILL BE JUST TOGETHER WITH ALL INFORMATION WE CAN GIVE US AND YOU HELP TO GIVE US BACK TO — I EXPECT WITH MY ENGLISH WOULD BE UNDERSTAND. AND I TRIED TODAY TO DO THE BEST —

I'M NOT GOING TO TRANSLATE THAT BECAUSE YOU DID VERY WELL.

AGAIN, WE WILL BE BACK AS SOON AS WE LET US COME OVER HERE AND WE WILL TALK AGAIN WITH YOUR PEOPLE. THANKS A LOT FOR EVERYTHING.

MAYOR GARCIA: THANK YOU VERY MUCH.

THANKS MR. GUS GARCIA AND THANKS A LOT FOR EVERYBODY WHO IS LISTENING.

MAYOR GARCIA: THANK YOU, VERY MUCH, MR. RODRIGUEZ. SO THAT YOU KNOW WHO IS UP HERE. TO MY RIGHT IS THE ACTING CITY MANAGER, TOBY FUTRELL. OUR CITY ATTORNEY, SEDORA JEFFERSON, COUNCILMEMBER WILL WYNN WHO SERVES IN PLACE 5, COUNCILMEMBER DANNY THOMAS WHO SERVES IN PLACE 6. THANK YOU, WE WILL BE THERE AT THE END OF THIS MONTH TO GO TO A WEDDING AND WE WILL TALK SOME MORE AND LISTEN TO SOME MORE MUSIC.

THANKS A LOT AGAIN. AND WE ARE SORRY TO HAVE TO LEAVE, BUT WE WILL BE SOON — VERY SOON AGAIN HERE IN AUSTIN.

MAYOR GARCIA: HAVE A GREAT TRIP.

BYE BYE.

MAYOR GARCIA: BYE. I ALSO WANT TO INTRODUCE, IF THEY COULD STAND, JESUS FROM SIERRA VICTORY I CAN'T, AND FROM AUSTIN NOW, BUT WAS BORN AND RAISE UNDERSTAND THAT REGION OF THE WORLD, THANK YOU SO MUCH FOR COMING.

THANK YOU MR. GARCIA, THANK YOU COUNCILMEMBERS.

[SPEAKING IN SPANISH].

MAYOR GARCIA: THANK YOU, THANK YOU VERY MUCH.

[SPEAKING IN SPANISH]

MAYOR GARCIA: THEY WANT US TO KEEP ON MOVING AHEAD AND GETTING BETTER. [ LAUGHTER ]. THANK YOU. WE WILL STAND AT RECESS UNTIL WE GET ONE MORE COUNCILMEMBER.

MAYOR GARCIA: I WILL CALL TO ORDER, WE WILL RECONVENE THE WORK SESSION, WEDNESDAY, APRIL 10TH, ONE TEXAS CENTER, 505 BARTON SPRINGS ROAD, IN THE THIRD FLOOR TRAINING ROOM HERE IN AUSTIN, TEXAS. WE HAVE ONLY ONE ITEM, THE REGULAR AGENDA, WE WILL GO THROUGH THAT. WHEN WE GET THROUGH, WE ALSO HAVE ONE EXECUTIVE SESSION ITEM, AND — AND WE ALSO HAVE A — A — AN ITEM TO PREVIEW ITEMS FOR THE NEXT COUNCIL WORK SESSION. SO IF YOU WANT ANYTHING TO BE IN A FUTURE COUNCIL WORK SESSION, YOU CAN ANNOUNCE IT AT THIS TIME. SO LET ME GO TO THE FIRST ITEM, WHICH IS DISCUSSION AND POSSIBLE ACTION ON AN ORDINANCE TO ADOPT A DIVISION OF THE CITY INTO 8 COUNCIL DISTRICTS FOR THE ELECTION OF COUNCILMEMBERS IN THE EVENT THAT THE PROPOSED CHARTER AMENDMENT FOR A CITY COUNCIL MADE UP OF 8 COUNCILMEMBERS ELECTED FROM SINGLE-MEMBER DISTRICTS, TWO COUNCIL MEMBERS ELECTED FROM THE CITY AT LARGE AND A MAYOR ELECTED FROM THE CITY AT LARGE IS ADOPTED BY THE VOTERS. THAT WOULD BE ON MAY 4TH. SO LET ME RECOGNIZE THE CITY MANAGER AT THIS TIME.

FUTRELL: I THINK WE ARE JUST GOING TO PLOW RIGHT INTO IT. JOHN, ARE YOU GOING TO — TAKE THE LEAD?

STEINER: OKAY. SURE. JUST TO REVIEW WHERE WE HAVE BEEN, BACK ON MARCH THE 21ST, THE PROPOSED CHARTER AMENDMENT TO GO FROM A — FROM A SEVEN MEMBER AT LARGE COUNCIL TO AN 11 MEMBER COUNCIL WITH 8 MEMBERS ELECTED FROM DISTRICTS, WAS APPROVED. THE COUNCIL APPROVED A COMMUNICATION PLAN TO — TO TRY TO DISTRIBUTE INFORMATION TO THE — TO THE CITIZENS ABOUT THE IDEA AND TO GET THEIR FEEDBACK ON — ON POSSIBLE MAP. AND COUNCIL GAVE US DIRECTION ON MAP REVISIONS. ON MARCH THE 27TH, WE PRESENTED THE MAP TO THE PLANNING COMMISSION. ON THE 29TH, AN ENGLISH AND SPANISH BROCHURE WAS MAILED IN THE AT YOUR DOORSTEP NEIGHBORHOOD NEWSLETTER, WHICH IS THE NEWSLETTER OF THE — OF THE NEIGHBORHOOD ASSOCIATIONS IN AUSTIN. BROCHURES WERE DELIVERED TO BRANCH LIBRARIES AND LETTERS WERE SENT TO ALL OF THE BOARDS AND COMMISSIONS. ON APRIL 1ST, WE DID A NEWS RELEASE ON THE MEETINGS. WE SET UP A TELEPHONE INFORMATION LINE BY WHICH PEOPLE COULD CALL IN AND HEAR RECORDED MESSAGE AND LEAVE A COMMENT ON THE PROPOSAL. WE SET UP AN E-MAIL ADDRESS FOR THAT PURPOSE AND POSTED IT ONLINE. AND WE POSTED THE PROPOSED MAP ON THE — ON THE CITY'S WEBSITE. WE SENT OUT 550 NOTICES IN THE AT YOUR DOORSTEP NEWSLETTER, 9 NEWSPAPER ADS AND RADIO SPOTS. HERE'S A BREAK DOWN OF THE NEWSPAPER ADVERTISEMENT. WE ADVERTISED IN THE CHRONICLE, THE VILLAGER, NOKOA, CAPITOL TIMES, OAK HILL GAZETTE, THE STATESMAN AND [INAUDIBLE] AND ARIBA. WE HAD RADIO ADVERTISEMENTS ON EXITOS, ELSOL, KEZI. WE HAD HELD MEETINGS IN EACH OF THE PROPOSED DISTRICTS, PLUS TWO COMMUNITY ORGANIZATION MEETINGS. AT THE FIRST COMMUNITY ORGANIZATION MEETING WE HAD REPRESENTATIVES FROM PODER AND LULAC AND THE BLACK CITIZENS TASK FORCE. WE HELD MEETINGS ACROSS THE CITY WHICH WERE UNFORTUNATELY LIGHTLY ATTENDED. ALSO DURING THAT TIME COUNCIL HELD A PUBLIC HEARING, WHICH AS YOU WILL RECALL, ONLY DREW ONE SPEAKER. THE — THEY HAD A SECOND COMMUNITY ORGANIZATION MEETING WITH REPRESENTATIVES FROM PODER AND THE CAPITAL CITY CHAMBER OF COMMERCE. WE FINISHED UP OUR ROUND OF COMMUNITY MEETINGS LAST NIGHT AT LANIER HIGH SCHOOL AND MILLENNIUM YOUTH ENTERTAINMENT CENTER. THE KINDS OF COMMENTS THAT WE RECEIVED, WE RECEIVED 33 TOTAL COMMENTS THAT BREAK DOWN THIS WAY, 14 FROM COMMENT CARDS, NINE FROM E-MAILS, FIVE SOME SPOKEN COMMENTS AT THE MEETING. FOUR PHONE CALL AND THE — THE — A SUBCOMMITTEE OF THE PLANNING COMMISSION MADE A RECOMMENDATION TO THE FULL PLANNING COMMISSION TO APPROVE THE PROPOSAL IN THEIR UNAPPROVED MINUTES. THESE ARE THE KINDS OF COMMENTS WE GOT. WE HAD 10 COMMENTS THAT AGREED GENERALLY WITH CONCEPT. WE HAD 10 COMMENTS ON THE DISTRICT BOUNDARIES. WE HAD THREE COMMENTS THAT DISAGREED WITH THE CONCEPT. FIVE TIMING CONCERNS AND FIVE GENERAL QUESTIONS FOR A TOTAL OF 33 COMMENTS. BASICALLY, THE PEOPLE WHO COMMENTED ON THE MAP, I WOULD SAY THE MAJORITY OF THE CONCERNS ABOUT THE MAP HAD TO DO WITH — WITH THE AREA SOUTH OF COLORADO RIVER, WHICH ARE THE SAME SORTS OF COMMENTS THAT I BELIEVE WE HAVE HEARD FROM SOME COUNCILMEMBERS AS WELL. NOW, WHAT TO DO NEXT. ESSENTIALLY WHAT THE STAFF WOULD LIKE TO — TO DISCOVER FROM THE COUNCIL IS HOW TO PROCEED AND ESSENTIALLY IF THE COUNCIL IS — IS HAPPY WITH — WITH THE MAP THAT WE HAVE BEEN WORKING FROM, WHICH IS THIS MAP HERE, THERE IS SOME DETAIL WORK THAT WE NEED TO DO. WE NEED TO ASK THE COUNCIL A FEW QUESTIONS ABOUT — ABOUT SOME SPLIT PRECINCTS AND SOME FINE TUNING OF THE BOUNDARIES. AND, OF COURSE, WE WILL NEED TO PREPARE A METES AND BOUNDS DESCRIPTION OF THESE — THESE DISTRICTS FOR — FOR AN ORDINANCE ADOPTING THEM. ON THE OTHER HAND, IF COUNCIL IS NOT HAPPY WITH THIS CONCEPT, THEN THERE'S PROBABLY NO NEED IN DOING THE FINE TUNING ON THIS. AND WHAT WE REALLY NEED THEN IS SOME DIRECTION ABOUT WHAT OTHER DIRECTION YOU WOULD LIKE US TO GO IN. SO THAT WE CAN BEGIN PREPARING AN ALTERNATIVE. — AN ALTERNATIVE MAP. THAT'S REALLY WHERE WE ARE RIGHT NOW IS ASKING COUNCIL WHETHER YOU WANT TO — TO GET THIS ONE IN ABSOLUTE FINAL FORM OR WHETHER YOU WANT US TO LOOK AT A DIFFERENT WAY OF DOING IT.

MAYOR GARCIA: OKAY, COUNCIL, QUESTIONS FOR MR. STEINER? I READ YOUR MEMORANDUM, YESTERDAY'S MEMORANDUM. AND IN THE THIRD PARAGRAPH IT SAYS THAT — THAT THE SPLITS IN CERTAIN PRECINCTS WOULD NOT BE AN ISSUE. AND IS THAT AN ISSUE WITH THE COUNTY?

STEINER: IT DOESN'T — I SPOKE TO A COUNTY EMPLOYEE LAST FRIDAY WHO DIDN'T SEEM TO BE OVERLY CONCERNED ABOUT IT. I THINK THE COUNTY HAS RAISED — HAS WAYS OF HANDLING THESE THINGS. SO THERE ARE SOME SPLIT — THERE ARE SOME PLACES WHERE OUR BOUNDARY BARELY FAILS TO COINCIDE WITH THEIRS. FOR EXAMPLE LIKE THEY USE THE MOPAC TRACKS AS A LINE, WE USE THE MOPAC FREEWAY AS A LINE. WE COULD RESOLVE THAT WITHOUT DOING ANY CHANGING, REALLY, AND SO WE PROBABLY SHOULD RESOLVE THOSE KINDS OF DISCREPANCIES. BUT AS TO MOVING NEIGHBORHOODS AROUND, IT WOULD BE UP TO YOU, BUT IT PROBABLY IS NOT ABSOLUTELY NECESSARY TO DO SO.

WE PROBABLY HAVE, WHAT, THREE OR FOUR JURISDICTIONS THAT HAVE SINGLE-MEMBER DISTRICTS THAT ARE BASICALLY IN AUSTIN. WE HAVE AISD, TRAVIS COUNTY, AND TRAVIS COUNTY HAS IT FOR — FOR SEVERAL, YOU KNOW, COUNTY COMMISSIONERS, CONSTABLES AND —

STEINER: THE ONES THAT THE COUNTY HAS TO WORRY ABOUT, THE LINES THAT THEY ARE NOT ALLOWED TO SPLIT ARE THE COUNTY — THE LINES THAT ARE SET BY THE COUNTY AND BY THE STATE. THEY ARE ALLOWED TO SPLIT SCHOOL DISTRICT LINES, FOR EXAMPLE, BUT THE LINES THAT THEY HAVE TO RESPECT IN DRAWING ELECTION PRECINCTS ARE THE ONES THAT ARE SET BY THE COUNTY COMMISSIONERS AND THE ONES THAT ARE SET BY THE LEGISLATURE AND THE ONES THAT ARE SET BY THE CITY COUNCIL. SO — SO THOSE ARE THE ONES THAT — THAT MORE OR LESS NEED TO — WELL, THAT IT'S A GOOD IDEA — WELL, IT'S GOOD IF THEY ARE NOT CREATING VERY TINY DISTRICTS. WE ONLY HAVE THREE PLACES WHERE — WHERE WE REALLY GET INTO A CRUNCH ON THAT. AND —

MAYOR GARCIA: THEN THOSE THREE, THE COUNTY IS CONCERNED, TOO, OR —

THEY HAVEN'T EXPRESSED A CONCERN, NO.

MAYOR GARCIA: ALL RIGHT.

STEINER: WHAT THEY TOLD ME THEY COULD DO WOULD BE TO — IT'S THE — IN GREEN, YOU SEE NUMBER 3, THIS — THAT LITTLE NEIGHBORHOOD, THAT'S — THAT'S AT THE CORNER OF I-35 AND AIRPORT, ADJACENT TO THE — TO THE MUELLER AIRPORT, AND — AND WHERE ALL OF THE STREETS ARE NAMED WOOD, NORWOOD IS THE ONE THAT KIND OF GOES AROUND IT. THIS IS THE NORTH PART OF THE WILSHIRE WOOD NEIGHBORHOOD. I-35 IS A — IS A — JUSTICE PRECINCT LINE, I BELIEVE, AIRPORT IS A STATE REP LINE. SO THAT IF WE WERE TO — TO LOOP OUR DISTRICT LINE AROUND IT, THAT LITTLE NEIGHBORHOOD WOULD — WOULD END UP ESSENTIALLY NEEDING TO BE IN WITH — IN SOME PRECINCT. WHAT I BELIEVE THE COUNTY COULD DO IS MAKE THAT A PRECINCT BUT THEN FOR ELECTIONS WE WOULD ALWAYS HAVE TO ATTACH IT TO A BIGGER PRECINCT SO THAT THERE WOULD BE A POLLING PLACE FOR THEM TO GO TO. THE SAME THING IN THE — OWE IN THE NEIGHBORHOOD AROUND THE FRENCH LEGATION, WHICH IS — WHICH IS — WHICH IS HERE, ALSO THE RAINEY STREET NEIGHBORHOOD, WHICH IS THERE. THEY ARE SIMILAR SITUATIONS WHERE — WHERE THE — WHERE THE WAY THE STATE REP LINES OR THE — OR JUSTICE PRECINCT LINES COME TOGETHER WITH OUR LINES WOULD CREATE A — A SMALL AREA OF OVERLAP THAT WOULD NECESSARILY BE ITS OWN PRECINCT. BUT AS I BELIEVE THE COUNTY IS — IS ABLE TO HANDLE THAT. SO — SO I DON'T THINK IT'S SOMETHING THAT YOU ABSOLUTELY HAVE TO CHANGE A LINE FOR. BUT IT'S SOMETHING THAT — THAT WE WOULD ALLOW YOU TO CONSIDER. I GUESS REALLY RIGHT NOW — WE NEED TO KNOW, YOU KNOW, WHAT DIRECTION YOU WANT US TO GO IN NEXT. I WANT TO EMPHASIZE THAT THE WAY THE CHARTER AMENDMENT IS WRITTEN, IF — IF COUNCIL ADOPTS A REDISTRICTING PLAN BY ORDINANCE, BEFORE THE CHARTER AMENDMENT ELECTION, THAT LOCKS IT IN AND THAT — THAT THEN — THEN THAT WILL BE THE MAP AND THERE'S NO — THERE'S NO BACKING OUT OF THAT MAP ONCE YOU HAVE ADOPTED IT. SO — SO THAT'S A — THAT'S A STEP THAT WILL BE IRREVOCABLY — IRREVOCABLE ONCE IT'S ADOPTED BY ORDINANCE. BUT I GUESS THERE'S SEVERAL OPTIONS THAT YOU HAVE. ONE OPTION WOULD BE TO PROCEED WITH THIS MAP AND HAVE US FINALIZE, DRAW THE METES AND BOUNDS, DON'T IT BY ORDINANCE, THAT LOCKS US IN FOR THIS WOULD BE THE MAP THAT WOULD BE USED SHOULD THE CHARTER AMENDMENT PASS. ANOTHER OPTION WOULD BE FOR — FOR YOU TO TELL US TO GO BACK TO THE DRAWING BOARD AND WORK OUT ANOTHER SCENARIO OF DISTRICTS, ANOTHER OPTION WOULD BE FOR YOU JUST TO TAKE IT UNDER CONSIDERATION TO MAKE THE DECISION LATER ON. BUT I GUESS THE ULTIMATE QUESTION IS REALLY STILL WHAT THE COUNCIL WANTS TO ADOPT AND LOCK IN A MAP BEFORE THE ELECTION OR NOT. WHETHER THE COUNCIL WANTS TO. ABSENTEE VOTING BEGINS ON THE 17TH. YOU COULD, IF YOU DO NOT LOCK IN A MAP BEFORE THAT, OF COURSE, YOU CAN LOCK ONE IN AT ANY LATER DATE. BUT IT'S A DECISION THAT COUNCIL NEEDS TO MAKE AND — AND GIVE US DIRECTION ON.

MAYOR GARCIA: LET ME SEE IF I CAN GET SOME HELP FROM MR. ROBINSON ON THIS MEMORANDUM FROM AUSTIN LIBRACH — AUSTEN LIBRACH FROM A REQUEST MADE BY COUNCILMEMBER THOMAS. THIS HAS TO DO WITH — WITH ALL OR PARTS OF THE UPPER BOGGY CREEK NEIGHBORHOOD PLANNING AREA. AND THE REQUEST IS TO — TO CALCULATE THE EFFECTS AND THAT — CAN YOU GO TO THE MAP AND SHOW WHERE THAT — WHERE THAT AREA IS? COUNCILMEMBER THOMAS YOU CAN — YOU CAN TAKE IT FROM HERE AND — AND LET'S SEE IF THIS — IF THIS MEMORANDUM ANSWERS THE QUESTIONS THAT YOU HAVE. GO AHEAD, MR. ROBINSON.

[ONE MOMENT PLEASE FOR CHANGE IN CAPTIONERS]

AND THAT EFFECT WOULD BE TO REDUCE THE OVERALL AFRICAN-AMERICAN SHARE OF DISTRICT 1 AGAIN FROM 35.1% TO 33.9%.

THOMAS: EXPLAIN THAT TO ME, HOW YOU GET THOSE NUMBERS. AND I SEE THAT YOU ADD — WHAT'S IT HERE? YOU HAD — YOU WENT FROM 35.1 TO 35.0.

AND THAT'S SIMPLY THAT FIRST LITTLE POCKET, AND THERE'S NOT MUCH OF AN EFFECT THERE. BUT TO TAKE THIS ENTIRE PIECE, YOU ADD YOUR TOTAL POPULATION INCREASES IN DISTRICT 1 AND THEN YOU NEED TO RECALCULATE THE ETHNICITY SHARES FROM THAT NEW TOTAL. AND WHEN YOU RECALCULATE THAT, BECAUSE THIS AREA IS LARGELY ANGLO HOUSEHOLDS, THIS BOTTOM PIECE, IT DILUTES THE AFRICAN-AMERICAN SHARE OF DISTRICT 1. BECAUSE YOU'VE GOT MORE TOTAL HOUSEHOLDS IN A GREATER TOTAL POPULATION, THAT AFRICAN-AMERICAN SHARE IS GONE DOWN A LITTLE BIT. DOES THAT MAKE SENSE, SIR?

THOMAS: SORT OF, FOR EXAMPLE, THAT NEIGHBORHOOD —

IF, FOR EXAMPLE, THAT NEIGHBORHOOD CONTAINED ALL AFRICAN-AMERICAN HOUSEHOLDS, THEN THE NEW SHARE WOULD GO UP.

THOMAS: I'M JUST KIND OF CURIOUS ABOUT THE 35.1 DOWN TO ZERO. SO HOW MANY PEOPLE ARE — I KNOW THAT MIGHT BE COMPLICATED — WOULD MAKE IT THAT ONE DISAPPEARS TO ZERO?

THEY'RE ALMOST — THERE ARE ALMOST — THE POPULATION IN HERE IS ALMOST 400 STRONG. SO IT REALLY IS A VERY SMALL EFFECT, THAT 10TH OF A PERCENTAGE POINT, BUT THERE ARE ALMOST 3800, 4,000 PERSONS IN THE REMAINDER OF UPPER BOGGY CREEK, SO THEIR EFFECT IS SOMEWHAT MORE SIGNIFICANT. IT'S JUST A SLIGHT LITTLE DROP TO TAKE THE TOP NEIGHBORHOOD AND A BIGGER DROP IF YOU TAKE THE REMAINING SECTION OF THE NEIGHBORHOOD.

THOMAS: OKAY. ALL RIGHT.

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN.

WYNN: MR. STEINER, REGARDING THIS ISSUE, SOME PEOPLE HAVE ASKED ME, THERE IS THIS THREAT OF STICKING THE AREA EAST OF I-35 IN DISTRICT 5. IN YOUR ESTIMATION IN THE DEPARTMENT OF JUSTICE ANALYSIS, WILL IT BE AS SPECIFIC AS DID THE CITY OF AUSTIN DRAW OR CREATE THE ABSOLUTE, POSITIVELY HIGHEST PERCENTAGE OF AFRICAN-AMERICANS IN A DISTRICT?

NO. THE TEST IS WHETHER OR NOT THE NEW SYSTEM TAKEN AS A WHOLE DOES AN EQUAL TO OR BETTER THAN JOB OF PROVIDING OPPORTUNITIES FOR THE AFRICAN-AMERICAN AND HISPANIC COMMUNITIES TO ELECT MEMBERS OF THEIR CHOICE TO THE GOVERNING BODY. THAT DOESN'T NECESSARILY MEAN THAT WE HAVE TO DRAW THE OPTIMAL AFRICAN-AMERICAN DISTRICTS, BUT GIVEN THE FACT THAT AUSTIN HAS DONE FAIRLY WELL WITH THE AT-LARGE SYSTEM AND GIVEN THE DIFFICULTY OF DRAWING A STRONG DISTRICT FOR AFRICAN-AMERICANS, GIVEN OUR DEMOGRAPHICS, I THINK AS A PRACTICAL MATTER WE NEED TO DO PRETTY MUCH THE BEST WE CAN. NOW, WHETHER OR NOT APPROVAL OR DISAPPROVAL IS GOING TO HINGE ON A 10TH OF A PERCENT ONE WAY OR THE OTHER, I DOUBT IT, BUT EVERY LITTLE BIT IS SHAVING NUMBERS OFF AN ALREADY FAIRLY THIN MARGIN. REMEMBER THAT IN DISTRICT 1, THE PLEASURE ALTY — PLURALITY IS NOT AFRICAN-AMERICAN. SO I GUESS THERE'S BEEN IN OUR MINDS THE 35% THAT WE'VE TRIED TO HOLD. BUT I CAN'T SAY AS A MATTER OF LAW THAT WE ACHIEVE PRECLEARANCE AT 35 AND NOT AT 34 OR 33, BUT SOMEWHERE THERE WE'RE GOING TO WEAKEN THAT DISTRICT PERHAPS A BIT TOO MUCH. SO IT HAS BEEN A CONCERN OF OURS TO TRY TO DO THE BEST WE CAN IN DRAWING THE MOST ROBUST DISTRICT THAT WE COULD WITH RESPECT TO AFRICAN-AMERICAN VOTERS.

MAYOR GARCIA: FURTHER QUESTIONS, COMMENTS? COUNCILMEMBER SLUSHER.

SLUSHER: THE 17 SUS TRACK — THE CENSUS TRACK NUMBERS BETWEEN BEN WHITE AND STASSNEY, WESTGATE AND SOUTH FIRST, IF YOU TAKE THOSE OUT OF DISTRICT 2 — NO, DISTRICT 3, WHAT DOES THAT DO TO THE HISPANIC REPRESENTATION?

COUNCILMEMBER, IT WOULD PROBABLY NOT AFFECT THE HISPANIC SHARE OF TOTAL, BUT WHAT IT WOULD AFFECT IN DISTRICT 3 IS OUR SMALLEST WITH RESPECT TO POPULATION, AND THAT WOULD — THE RESULT WOULD BE TO DRIVE THE OVERALL VARIANCE FIGURE UP. AND SO IN MY MIND IT'S NOT SO MUCH A FUNCTION THAT 3 NEEDS THESE HOUSEHOLDS BECAUSE THEY'RE LATINO, IT NEEDS THE HOUSEHOLDS FOR ITS TOTAL POPULATION REQUIREMENT.

SLUSHER: OKAY. BUT THEN SUPPOSE YOU REPLACED IT WITH THE — GOING WEST SOUTH OF WILLIAM CANNON WITH SOME OF THOSE PRECINCTS IN THERE INSTEAD OF THE ONES I JUST CALLED OUT, WOULD THAT — WHAT DOES THAT DO TO YOUR HISPANIC REPRESENTATION IN THAT DISTRICT?

I THINK THAT IT WOULD PROBABLY NOT AFFECT IT MUCH. AND IN THAT CASE, IF WE REMOVED SOME NEIGHBORHOODS HERE, WE NEED TO ADD SOME NEIGHBORHOODS ELSEWHERE. AND BY THE SOUND OF IT, THAT WOULD BE, YOU KNOW, A DOABLE SWAP.

LUSHER: OKAY. THEN —

SLUSHER:. I JUST GOT TO LOOKING AT THIS, HOW IT WAS A SIMILAR THING BURKS NOT EXACTLY — THING, BUT NOT EXACTLY. THROUGH THE DISTRICT 5 NORTH OF THE RIVER OR THE LAKE. NOW, HOW MANY FOLKS ARE IN THE AREA SOUTH OF — BETWEEN 2222 AND LAKE AUSTIN OR THE RIVER? HOW MANY FOLKS DO WE HAVE IN THERE?

WE'VE REALLY GOT TWO SIGNIFICANT SUBDIVISIONS, LONG CANYON AND GLEN LAKE WITH SOME MULTI-FAMILY ON SHEPHERD MOUNTAIN AND A FEW SINGLE-FAMILY DOWN HERE. I CAN DETERMINE IT EXACTLY, BUT I THINK —

SLUSHER: I'M SORRY, GO AHEAD.

A COUPLE OF THOUSAND, SIR.

SLUSHER: ONLY A COUPLE OF THOUSAND? SO THAT'S NOT ANYWHERE NEAR AS MANY AS IN THE AREA BETWEEN WESTGATE AND SOUTH FIRST?

NO, SIR.

SLUSHER: THAT'S WHY YOU HAD TO GO SO FAR UP NORTH IN ORDER TO DO THAT?

YES, SIR. ONCE YOU CREATE THAT — IF YOU TRY AND PUT THIS PART OF SOUTH AUSTIN INTO ONE DISTRICT, WE RUN INTO THIS COLORADO RIVER EFFECT WHERE YOU CAN'T PUT ALL OF SOUTH AUSTIN INTO THAT DISTRICT, AND YOU HAVE SOME LEFT BEHIND, AND THAT'S WHEN YOU HAVE TO PUT THAT TOGETHER IN WHAT WE'VE BEEN CALLING THE HYPER SUBURBAN DISTRICT THAT STRETCHES ALL THE WAY UP INTO WILLIAMSON COUNTY.

SLUSHER: I HAVEN'T LOOKED AT THAT LATELY. WHAT IS THE LEGISLATIVE DISTRICT LOOK LIKE OR DISTRICT LOOK LIKE? DOES IT LEAP THE RIVER? IT DOES, DOESN'T IT, IN THE WESTERN SECTOR IN THE SUBURBAN AREA?

THE STATE REP DISTRICT?

SLUSHER: YES.

I DON'T KNOW OFFHAND. I CAN FIND OUT.

SLUSHER: I KNOW THE CENTRAL ONE GOES ALL THE WAY FROM EITHER STASSNEY OR BEN WHITE, I'M NOT SURE WHICH, ALL THE WAY IEW TO ANDERSON LANE OR ONE AYE AND IS VERY — OR ONE WAY AND IS VERY THIN THROUGH THE CITY. I CAN LOOK THAT UP MYSELF. I'M CURIOUS TO KNOW. OKAY. I MAY HAVE SOME MORE TO OFFER Y'ALL, BUT THAT HELPS ME WITH THAT. THAT INFORMATION HELPS.

MAYOR GARCIA: COUNCILMEMBER ALVAREZ?

ALVAREZ: YES. ON THAT AREA AROUND THE FRENCH LEGATION, I'M NOT SURE I UNDERSTOOD YOUR EXPLANATION. COULD YOU GO THROUGH THAT AGAIN? IS IT EASIER FOR US TO CHANGE THE BOUNDARY OR EASIER FOR THEM TO CHANGE THE BOUNDARY?

THIS IS PRECINCT — ELECTION PRECINCT — THIS IS IT RIGHT HERE. THIS IS IN COUNTY ELECTION PRECINCT 124. AND A LOT OF THINGS TEND TO COME TOGETHER RIGHT HERE AT 7TH AND I-35. IT'S ALSO WHERE THREE OF OUR DISTRICTS COME TOGETHER, 1, 2 AND 5. THE NEIGHBORHOOD AS CURRENTLY THESE LINES ARE DESIGNED, THE NEIGHBORHOOD IS IN DISTRICT 2. THE PRECINCT, 124, IS IN DISTRICT 1 MAINLY, EXCEPT FOR THAT ONE NEIGHBORHOOD. THE —

ALVAREZ: YOU MEAN THE COUNTY PRECINCT?

THE COUNTY ELECTION PRECINCT 124, THE BOUNDARY OF COUNTY ELECTION PRECINCT 124 IS I-35 AND EAST 37TH. BUT OUR PROPOSED SINGLE-MEMBER DISTRICT LINE COMES UP ON NAVASOTA AND THEN CUTS ACROSS ON THE NORTH SIDE OF THE FRENCH LEGATION AND CARVES THAT OUT OF THAT COUNTY PRECINCT. THERE ARE STATE REP DISTRICT LINES GOING ALONG I-35 AND ALONG SEVENTH STREET, SO THE COUNTY CAN'T HAVE AN ELECTION PRECINCT THAT CROSSES I-35 OR SEVENTH STREET RIGHT HERE BECAUSE OF THE STATE REPRESENTATIVE LINE, WHICH THEREFORE WOULD MEAN THAT —

ALVAREZ: THE STATE REP LINE IS ON I-35?

THE STATE REPRESENTATIVE LINE, YES, IT IS ON I-35. ON THE OTHER HAND, IF WE WERE TO TAKE THIS NEIGHBORHOOD AND PUT IT INTO DISTRICT 1, IT WOULD CURE THE SPLIT OF THE CENTRAL EAST AUSTIN NEIGHBORHOOD PLANNING AREA, SO IT WOULD GET US DOWN — CURRENTLY THIS MAP IS SPLITTING THREE NEIGHBORHOOD PLANNING AREAS. IF WE PUT THE LAFAYETTE — NOT LAFAYETTE, THE FRENCH LEGATION, IF WE PUT THAT NEIGHBORHOOD INTO DISTRICT 1, THEN THE CENTRAL EAST AUSTIN NEIGHBORHOOD PLANNING AREA WOULD ALL BE BACK TOGETHER AND WE WOULD ONLY HAVE TWO SPLITS IN NEIGHBORHOOD PLANNING AREAS ON THIS MAP. THE TRADE-OFF FOR THAT — AND SO TWO GOOD THINGS ARE ACCOMPLISHED. WE'RE NOT SPLITTING AN ELECTION PRECINCT AND WE'RE PUTTING THE NEIGHBORHOOD PLANNING AREA BACK TOGETHER. THE TRADE-OFF ON THE OTHER SIDE IS WE LOSE A 10TH OF A PERCENT IN THE AFRICAN-AMERICAN ETHNIC SHARE IN DISTRICT 1. SO THAT MAY BE AN ACCEPTABLE TRADE-OFF AND THAT WAS SOMETHING WE WOULD JUST LIKE THE COUNCIL'S DIRECTION ON.

ALVAREZ: BUT IN TERMS OF THE COUNTY'S ABILITY TO PLAN AROUND THAT OR CHANGE DISTRICTS —

REALLY I HATE TO SPEAK FOR THE COUNTY. I DON'T KNOW HOW BIG A PAIN IT WOULD BE FOR THEM. IT PARTLY DEPENDS ON THE AVAILABILITY OF A POLLING PLACE IN THAT AREA, WHICH I CAN'T REALLY OFFHAND THINK OF ONE. PERHAPS THE FRENCH LEGATION ITSELF, BUT OF COURSE THAT'S STATE PROPERTY AND I DON'T KNOW WHETHER OR NOT THE STATE WOULD LET THEM USE IT. ANOTHER OPTION IS TO CREATE A PRECINCT, BUT THEN, FOR EXAMPLE, IN COUNTY ELECTIONS, ATTACH IT TO PRECINCT 124 FOR PURPOSES OF VOTING AND THEN IN OUR ELECTIONS, FOR EXAMPLE, WE MIGHT ATTACH IT TO PRECINCT 438. SO ANOTHER WAY OF SOLVING THESE PROBLEMS IS TO CREATE A PRECINCT, BUT THEN COMBINE IT WITH ANOTHER PRECINCT FOR THE CONDUCT OF ELECTIONS, WHICH ALLOWS PEOPLE TO HAVE A POLLING PLACE. SO THEY MIGHT HAVE TO GET USED TO HAVE A DIFFERENT POLLING PLACE FOR STATE AND CITY ELECTRICS, IN THOSE AREAS. — CITY ELECTIONS IN THOSE AREAS. I HAVE NOT GOT THE SENSE THAT THE COUNTY IS OVERLY WORRIED ABOUT THIS, BUT THIS ONE HAS A SECONDARY EFFECT BECAUSE WE COULD PUT THE CENTRAL EAST AUSTIN NEIGHBORHOOD PLANNING AREA BACK TOGETHER. THE TRADE-OFF IS A 10TH OF A PERCENT ETHNIC SHARE FOR AFRICAN-AMERICANS IN DISTRICT 1.

ALVAREZ: AND THE ELECTION PRECINCT NUMBER IS —

THE ELECTION PRECINCT NUMBER IS 124.

IT'S ALSO ON THE EDGE OF COMMISSIONER PRECINCT 1 AND COMMISSIONER PRECINCT 4. COMMISSIONERS PRECINCT 1, 4 AND 2 COME TOGETHER. OUR LINES 1, 2 AND 5 COME TOGETHER, AND I THINK TWO STATE REP DISTRICTS ALSO COME TOGETHER THERE. SO IT'S A — IT SEEMS TO HAVE BEEN A PLACE WHERE A LOT OF DIFFERENT REDIRECT — RE —

THE ELECTION PRECINCT, 124.

THAT'S INFORMATION THAT WE CAN ACCESS, AND IT WOULD SIMPLY BE A RECOLLECTION OF THE INFORMATION.

ALVAREZ: OKAY. SO YOU COULD PROVIDE THAT.

WE CAN PROVIDE THAT.

MAYOR GARCIA: FURTHER QUESTIONS? COMMENTS? WHAT I'D LIKE TO DO TODAY IS SEE IF WE CAN AT LEAST PASS ON FIRST READING TODAY. WE HAVE IT POSTED FOR TODAY, TOMORROW AND WE ALSO HAVE POSTED A FRIDAY MEETING IN CASE WE HAVE TO DO FIRST, SECOND AND THIRD READING THAT WAY. I WOULD PREFER THAT WE DO FIRST READING TODAY AND THEN SECOND AND THIRD TOMORROW SO WE DON'T HAVE TO COME AND MEET ON FRIDAY. SO LET'S SEE IF THERE'S ANY OTHER QUESTIONS THAT WE NEED TO ASK. COUNCILMEMBER THOMAS?

THOMAS: CEASE THAT — SEEING THAT THERE'S NOT A PREDOMINANT AFRICAN-AMERICAN DISTRICT AND YOU DID EVERYTHING YOU COULD FOR THAT,, IS THERE ANY AREAS OF EIGHTH THAT YOU COULD MAKE — BRING THAT NUMBER UP?

TO TRY AND STRENGTHEN THE AFRICAN-AMERICAN SHARE?

HOMAS: FOR A PREDOMINANT AREA, YEAH.

THERE'S NOT, SIR. BECAUSE AS WE MOVE INTO DISTRICT 8 AND TAKE THOSE NEIGHBORHOODS INTO ONE, THE HOUSEHOLDS ARE VERY DIVERSE. THERE ARE AFRICAN-AMERICAN HOUSEHOLDS, HISPANIC HOUSEHOLDSS, ASIAN HOUSEHOLDS AND ANG LOW HOSPITAL HOLDS. SO IT WILL GO UP, BUT THE SHARE OF AFRICAN-AMERICAN WON'T MOVE. IT WILL PROBABLY BEGIN TO DECREASE AS THOSE LARGELY DESEGREGATED AREAS ARE BROUGHT INTO ONE.

MAYOR GARCIA: THAT'S PFLUGERVILLE MOST PLI, UGERVILLE INDEPENDENT SCHOOL DISTRICT?

IT DOES DROP INTO THERE.

THOMAS: I'M LOOKING AT YOUR NUMBERS AND YOU GO DOWN EACH ONE OF THE DISTRICTS HERE. 2 YOU'VE GOT 8.78 AND THEN YOU'VE GOT 3. AND I JUST NEED — I'M SURE YOU DONE WORKED ALL THE NUMBERS YOU CAN WORK —

AND WE BEGAN WITH DISTRICT 1, SO AS WE'RE BUILDING UP THAT DISTRICT WE PUT TOGETHER EVERY CENSUS BLOCK THAT WE COULD THAT WOULD EFFECTIVELY BE A MEMBER OF THE STRONGEST AFRICAN-AMERICAN DISTRICT WE COULD BUILD.

HOMAS: THAT'S THE BIGGEST CONCERN THAT PEOPLE KEEP SAYING.

AND I THINK WE SHOULD ALSO MENTION THAT OVER TIME IT WILL BECOME INCREASINGLY DIFFICULT BECAUSE THAT SHARE WILL PROBABLY CONTINUE TO DECLINE, IF IT FOLLOWS THE TRAJECTORY.

THOMAS: AND THE JUSTICE DEPARTMENT, WHAT DO YOU HAVE TO DO THEN?

IT DEPENDS UPON THE RESPONSE. IF THE RESPONSE IS — IF THERE IS AN OBJECTION TO THE CHANGE FROM THE CURRENT SYSTEM, THEN WE ARE BACK TO THE. IF WE DON'T APPROVE THE MAP, THEN THE NEXT STEP WOULD BE TO TRY TO DRAW ANOTHER MAP. OF COURSE, IF THE OBJECTION TO THE MAP IS BASED ON THE FACT THAT THE AFRICAN-AMERICAN DISTRICT IS NOT STRONG ENOUGH, WE'RE PROBABLY IN A BOX BECAUSE WE DON'T KNOW HOW TO MAKE IT STRONGER.

MAYOR GARCIA: OKAY. COUNCILMEMBER WYNN?

WYNN: MR. ROBINSON, AGAIN JUST TO CLARIFY, DISTRICT 1 AS WE HAVE DRAWN IT ESSENTIAL SHRI A AL GORE RHYTHM TO ABSOLUTELY, POSITIVELY MAXIMIZE THE PERCENTAGE OF AFRICAN-AMERICANS IN A DISTRICT, CORRECT?

IN A SIMPLE WAY I LIKE TO DESCRIBE IT AS WE BASICALLY ASKED THE COMPUTER TO PUT TOGETHER THE COLLECTION OF CENSUS BLOCKS THAT WOULD BE CONTIGUOUS AND IT WILL MAXIMIZE THE AFRICAN-AMERICAN SHARE. AND SO — AND PEOPLE HAVE EVEN ASKED ME, WELL, COULDN'T YOU HAVE GERRYMANDERED AND DONE BETTER. AND IT WASN'T EVEN — WE WEREN'T CONCERNED WITH GERRYMANDERING. WE SIMPLY WANTED TO PUT TOGETHER THE COLLECTION. AND AS IT TURNS OUT AND THE REASON I BRING THAT UP IS THERE WAS NOTHING MORE WE COULD HAVE DONE TO PUT TOGETHER A STRONGER DISTRICT 1.

MAYOR GARCIA: FURTHER QUESTIONS? LET ME ENTERTAIN A MOTION ON THIS ONE FOR FIRST READING AND SEE IF THEN WE CAN DISCUSS IT SOME MORE. AND THEN WE'LL GO FROM THERE.

WYNN: I'LL MOVE APPROVAL OF THE EXISTING MAP ON FIRST READING, MAYOR.

MAYOR GARCIA: THAT WOULD BE VERSION — OPTION WHICH ONE?

WYNN: ARE WE CALLING THIS OPTION A?

OPTION A.

MAYOR GARCIA: I'LL SECOND THAT MOTION. AND NOW NO COMMENTS?

SLUSHER: I'LL VOTE FOR IT ON FIRST READING, BUT I HAVE CONCERNS ABOUT THE WAY THE SOUTH IS DIVIDED UP AND ALSO THAT THE CENTRAL CITY, REALLY THE ORIGINAL PART OF THE CITY IS PACKED INTO ONE DISTRICT AND EVEN PACKED INTO ONE DISTRICT WITH THE NEWER PRECINCTS IN THE SOUTH AND I HAVE TROUBLE BY THAT,' SO I'M GOING TO CONTINUE TO WORK TO GET A MAP THAT WILL MEET THOSE CONDITIONS OR OUR CONCERNS AND STILL MEET THE OTHER CONCERNS WE'VE BEEN OPERATING ON.

MAYOR GARCIA: OKAY. FURTHER COMMENTS?

WYNN: MAYOR? AGAIN, JUST TO SORT OF CLARIFY. WHAT WE WERE DOING IS ACKNOWLEDGING THAT WE DO WANT TO HAVE A MAP TO THE VOTERS PRIOR TO EARLY VOTING, AND THIS IS THE FIRST READING OF A MAP.

MAYOR GARCIA: CORRECT. ONE OF THE REQUESTS THAT HAS COME DOWN IS THERE OUGHT TO BE A MAP. AND EVERYBODY UNDERSTANDS, I THINK, THAT THIS MAY NOT BE THE FINAL MAP BECAUSE DOJ MAY SAY NO, YOU NEED TO REDRAW IT AND DO SOME THINGS BEFORE YOU HAVE THE ELECTION IN '03. BUT I THINK MR. ROBINSON HAS — AND MR. STEINER HAVE DONE A MAGNIFICENT JOB OF TAKING ALL THE VARIABLES AND PUTTING THEM INTO DISTRICTS AND DOING THE DISTRICT POPULATIONS AND THE VOTING AGE POPULATIONS AND PUTTING TOGETHER A MAP. IT'S VERY DIFFICULT TO GET AN IDEAL MAP. I DON'T THINK WE'RE EVER GOING TO HAVE ONE. THERE'S ALWAYS GOING TO BE SOME TWEAKING THAT NEEDS TO BE DONE. SO WE CAN DO THAT BETWEEN TODAY AND TOMORROW. AND THEN MAYBE IF DOJ DOESN'T LIKE WHERE WE STAND, WE CAN DO MORE TWEAKING AFTER THAT. FURTHER DISCUSSION?

JOHN, DID I HAVE A CLARIFIER YOU NEEDED?

WELL, JUST TO CLARIFY, SO THE COUNCIL IS VOTING ON FIRST READING AN ORDINANCE THAT WOULD ADOPT THIS OPTION A AS THE PLAN. AND I DO WANT TO REMIND THE COUNCIL THAT IF THIS DOES PASS ON THE THIRD READING, IF YOU EVENTUALLY DO ADOPT, WHATEVER YOU DO FINALLY, YOU CAN AMEND THE MAP BETWEEN READINGS, BUT WHATEVER YOU FINALLY ADOPT ON THIRD READING WILL BE LOCKED IN AND THAT WILL BE THE FINAL MAP.

MAYOR GARCIA: UNTIL DOJ SAYS SOMETHING?

WELL, LOCKED IN, PERIOD, IF DOJ APPROVES IT. IF DOJ DOESN'T APPROVE IT, OF COURSE THEN THE BALL IS THROWN BACK TO US, BUT —

JOHN, I WANT TO BE SURE I UNDERSTAND THAT BECAUSE I WANT TO MAKE SURE WE'RE NOT — I SEE THE EXPRESSION ON YOUR FACE AND I WANT TO BE SURE WE'RE NOT MISSING A BEAT.

OKAY.

IF THIS WAS ADOPTED ON ALL THREE READINGS, WE HAD THE ELECTION AND IT PASSED AND THIS WENT TO DOJ FOR APPROVAL AND DOJ SAID NO, THE ELECTION RESULT REMAINS WE COULD AMEND THE MAP WITHOUT GOING BACK FOR ANOTHER ELECTION?

YES. THE MAP IS NOT PART OF THE BALLOT PROPOSITION. THE BALLOT PROPOSITION IS MERELY TO ADOPT A SYSTEM — AN 8-2-1 SYSTEM. THAT'S ALL THAT'S GOING TO VOTERS. IF YOU ADOPT A MAP BEFORE THE ELECTION THAT IS LOCKED IN BECAUSE THE CHARTER AMENDMENT SAYS THAT IF THE COUNCIL ADOPTS A MAP IN ANTICIPATION OF THIS AMENDMENT, THEN THAT MAP IS LOCKED IN. SO IF YOU ADOPT THIS MAP, THEN WHAT THE VOTERS WILL KNOW IS THEY WILL KNOW THAT IF THEY PASSED THAT AMENDMENT THIS WILL BE THE MAP, AT LEAST FOR THE FIRST FIVE YEARS. BUT THE — BUT THE — THAT WON'T BE ON THE BALLOT AND THAT WON'T BE PART OF THE PROPOSITION.

LET ME TRY. I WANT TO BE SURE WE CUT STRAIGHT STRAIT TO THE CHASE ON THIS. I GUESS THE BOTTOM LINE THAT I'M ASKING IS IF DOJ DOES NOT APPROVE THIS MAP, THIS IS APPROVED BY COUNCIL, THE VOTE IS TAKEN AND THE VOTERS APPROVE THE BALLOT LANGUAGE, THE MAP CAN BE ADJUSTED AND WHAT THE VOTERS — AND AN 8-2-1 SYSTEM CAN BEGIN AS PLANNED.

IF JUSTICE APPROVES THE 8-2-1 SYSTEM AND DOESN'T APPROVE THE MAP, THEN WE HAVE TO GO BACK TO THE DRAWING BOARD ON THE MAP.

MAYOR GARCIA: COUNCILMEMBER THOMAS?

THOMAS: YES. YOU KIND OF CONFUSED ME ABOUT THE MAP AND SAYING IT'S NOT GOING TO BE PART OF THE BALLOT. WHAT WAS THE PURPOSE OF TRYING TO GET IT READY FOR THE EARLY VOTE?

IF THE COUNCIL ADOPTS THIS MAP NOW, THEN THEY'RE LOCKING IT IN AND THIS WILL BE THE MAP THAT WILL BE USED IF THE VOTERS APPROVE THE PROPOSITION. BUT THE PROPOSITION ON THE BALLOT IS MERELY TO ADOPT AN 8-2-1 SYSTEM.

I MIGHT BE ABLE TO HELP CLARIFY. THE ELECTION ORDINANCE THAT YOU ALL PASSED CONTAINS CERTAIN PROVISIONS. AND ONE OF THOSE PROVISIONS SAID THAT IF COUNCIL ADOPTED A MAP THAT THAT WOULD BE — THAT'S HOW YOU'RE LOCKING YOURSELF IN. IF YOU ADOPT THE MAP BEFORE THE ELECTION. IF YOU DON'T APPROVE THE MAP BEFORE THE ELECTION, THEN YOU CAN DO IT AFTER THE ELECTION, IS THAT RIGHT?

IF COUNCIL CHOOSES EVENTUALLY NOT TO PASS AN ORDINANCE AT THIS TIME ADOPTING THE MAP OR AT ANY MAP, THEN ON MAY THE FOURTH THE VOTERS WILL JUST BE VOTING ON THE CONCEPT OF GOING TO AN 8-2-1 SYSTEM. OF COURSE, AT SOME POINT IF WE DO GO TO THAT SYSTEM WE WILL HAVE TO DRAW A MAP. THAT DOESN'T HAVE TO BE NOW. IT COULD BE LATER. THOUGH SINCE THE CHAT CHARTER — CHARTER ANTICIPATES US IMPLEMENTING THIS IN 2003, WE HAVE A PRACTICAL DEADLINE OF GETTING A MAP DONE BY AUGUST SO THAT WE CAN SUBMIT THIS TO THE DEPARTMENT OF JUSTICE AND HAVE ENOUGH TIME FOR THEM TO REVIEW IT AND EITHER APPROVE IT OR NOT BEFORE PEOPLE START FILING FOR OFFICE IN THE 2003 ELECTION. SO — BUT IT IS NOT NECESSARY TO ADOPT IT. IT'S A POLITICAL DECISION FOR COUNCIL TO DECIDE WHETHER OR NOT IT'S BETTER TO HAVE A MAP LOCKED IN BEFORE THE ELECTION OR NOT. IF IN COUNCIL'S POLITICAL WISDOM IT'S BETTER TO LOCK THAT IN BEFORE THE ELECTION, THEN THAT'S WHAT WE'RE DOING. IF COUNCIL DECIDES THAT EITHER IT'S NOT NECESSARY OR NOT A GOOD IDEA, THEN COUNCIL JUST NEEDS — THEN COUNCIL'S ACTION THEN WOULD BE NOT TO ADOPT AN ORDINANCE AT THIS POINT ADOPTING DISTRICTS AND REALIZE THAT DISTRICTS WILL HAVE TO BE ADOPTED SOMETIME BETWEEN NOW AND SOMETIME IN AUGUST. SO WHAT THAT WOULD DO IS IT WOULD GIVE US MORE TIME TO WORK ON DIFFERENT MAP SCENARIOS, BUT ON THE OTHER HAND IT WOULD LEAVE THE VOTE ON MAY FOURTH PURELY ON THE — THE VOTERS VOTING WOULD STILL BE VOTING MERELY ON THE CONCEPT, BUT THEY WOULD NOT KNOW WITH CERTAINTY THAT ANY PARTICULAR MAP WOULD BE THE MAP, SHOULD THE AMENDMENT PASS.

MAYOR GARCIA: AND AUGUST IS THE FIRST TIME AT WHICH WE CAN COMPLETE THE APPLICATION TO GO TO DOJ?

NO, NO, SIR. WE CAN DO THAT AS SOON AS WE KNOW EVERYTHING. AS SOON AS COUNCIL ADOPTS A MAP WE CAN BEGIN TO PREPARE FOR OUR SUBMISSION TO THE JUSTICE DEPARTMENT. SO IF COUNCIL ADOPTS — LOCKS IN A MAP THIS WEEK, NEXT WEEK WE CAN BEGIN PREPARING OUR JUSTICE DEPARTMENT SUBMISSION.

BUT AUGUST IS YOUR DROP DEAD IN ORDER TO BE ABLE TO IMPLEMENT BY THE 2003 ELECTION?

RIGHT. PEOPLE CAN BEGIN FALLING FOR THE — FOR A PLACE ON THE BALLOT IN THE 2003 ELECTION IN MID FEBRUARY. SO WE WANT TO KNOW AT THAT TIME WHAT THERE'S FILE FOR. SO WHEN PEOPLE COME DOWN AND SAY I WANT TO APPLY FOR A PLACE ON THE BALLOT, WE CAN SAY WHAT THERE IS TO APPLY FOR. AND IT WOULD EITHER BE ONE OF OUR FOUR AT-LARGE COUNCIL PLACES OR IT WOULD BE FOR MAYOR OR ONE OF THE EIGHT SINGLE-MEMBER DISTRICTS. AND THAT'S A HUGE DIFFERENCE. SO PEOPLE WOULD NEED TO KNOW WE WE WE NEED TO KNOW TO IMPLEMENT THIS IN 2003, WE NEED TO KNOW WHAT THE BEGIN AT THE BEGINNING OF THE FILING PERIOD WHAT THERE IS TO DO. SO JUSTICE HAS 260-DAY PERIODS IN WHICH TO REVIEW THIS AND THEY GET ONE OPPORTUNITY TO ASK FOR MORE INFORMATION. IN MY EXPERIENCE IT WOULD BE A MIRACLE IF THEY DIDN'T TAKE ABSOLUTELY EVERY SECOND THEY WERE ENTITLED TO TO REVIEW A CHANGE OF THIS MAGNITUDE. SO I THINK WE CAN COUNT ON THEM TAKING TWO FULL 60-DAY PERIODS, PLUS I THINK WE CAN COUNT ON THEM ASKING FOR A LOT OF INFORMATION WHEN THEY HAVE THEIR CHANCE TO ASK FOR MORE INFORMATION. AND IT'S PROBABLY GOING TO TAKE US A COUPLE OF WEEKS AT LEAST TO PULL ALL THAT TOGETHER. SO BACKING UP 120 DAYS PLUS FOUR OR FIVE WEEKS FROM THE BEGINNING OF A FILING PERIOD FOR THE 2003 ELECTION, WE GET TO THE END OF SUMMER. SO IF WE DON'T GET A SUBMISSION IN TO JUSTICE BY THE END OF THE SUMMER, WE ARE CUTTING IT WAY TOO CLOSE TO IMPLEMENT THIS IN THE 2003 ELECTION.

MAYOR GARCIA: FURTHER QUESTIONS?

WYNN: MAYOR?

MAYOR GARCIA: COUNCILMEMBER WYNN.

WYNN: JUST A COMMENT. I JUST SEE THE ADVANTAGES, ONE, OF ULTIMATELY HAVING THE — BY HAVING THE MAPS SET NOW PRIOR TO THE ELECTION, ONE, IT SPEEDS UP THE ACTUAL SUBMITTAL TO DOJ. WE GET THAT DONE IN MAY, JUNE, NOT JULY, AUGUST. IT BUYS US A LITTLE BIT OF TIME IN THEORY FOR OUR CITIZENS NEXT FALL AND WINTER. MORE IMPORTANTLY, JUST SORT OF PHILOSOPHICALLY, SOME FOLKS HAVE TOLD US THAT THEY ARE SUSPICIOUS ABOUT THE MAP AND THEY — THAT THEY WOULD VOTE ONE WAY OR THE OTHER IF THEY KNEW. SO LET'S JUST — LET'S LET FOLKS KNOW THAT WHATEVER WE ADOPT ON THIRD READING THAT THAT WILL BE THE MAP AND JUST TAKE THE GUESSING GAME OUT OF THE EQUATION.

MAYOR GARCIA: FURTHER COMMENTS? ALL IN FAVOR, SIGNIFY BY SAYING AYE. THIS IS FIRST READING.

AYE.

MAYOR GARCIA: MOTION CARRIES. THOSE VAIT VOETING NAY. MOTION CARRIES ON A VOTE OF FIVE-ZERO ON FIRST READING, MISS BROWN. THAT'S ALL THE ITEMS THAT WE HAVE IN THE WORK SESSION, OPEN SESSION. WE NOW — WELL, LET ME ASK YOU, ARE THERE ANY ITEMS THAT Y'ALL WOULD LIKE TO HAVE ON A FUTURE WORK SESSION? PREVIEW OF ITEMS? FIRST, CITY MANAGER? COUNCILMEMBERS? I WOULD LIKE — I'M GOING TO ANNOUNCE TOMORROW THAT I WANT TO PRESENT A RESOLUTION DIRECTING THE CITY MANAGER TO DEVELOP A PLAN FOR CITY EMPLOYEES TO MENTOR IN THE SCHOOLS THAT ARE LOW PERFORMING AND THOSE ASSOCIATED SCHOOLS. AND I THINK I WOULD LIKE TO HAVE THAT IN A WORK SESSION FIRST. IT COULD BE THE SAME WEEK, BUT HAVE YOU PRESENT HOW THAT WOULD WORK. AND THE PLAN THAT I ENVISION IS ONE THAT WOULD NOT HAVE TO — IT MAKES IT MORE COMPLICATED AND I THINK WE NEED TO DISCUSS THAT. OKAY. I'M GOING TO ANNOUNCE NOW THAT THE COUNCIL WILL GO INTO CLOSED SESSION UNDER CHAPTER 551 OF THE TEXAS GOVERNMENT CODE. THIS IS BE ONLY ONE ITEM AND THIS WOULD BE HAVING TO DO WITH PERSONNEL MATTERS. AND IT WOULD BE UNDER SECTION 551.074 AND THAT'S TO DISCUSS THE APPOINTMENT OF TOBY FUTTRELL AS CITY MANAGER AND THE COMPENSATION AND BENEFITS PACKAGE FOR THE CITY MANAGER. AND WE'RE NOW IN EXECUTIVE SESSION. WE'LL ONLY COME BACK FOR THE PURPOSE OF ADJOURNING THIS MEETING. WHERE ARE WE GOING TO MEET, CITY MANAGER?

SHIRLEY, DO YOU KNOW? ROOM 500. THE FIFTH FLOOR.

MAYOR GARCIA: OKAY. WE'LL MEET YOU THERE IN JUST A FEW MINUTES.

MAYOR GARCIA: THERE BEING A QUORUM OF THE COUNCIL IN THE TRAINING ROOM AT ONE TEXAS CENTER, I — I WILL NOW RECONVENE THE MEETING, THE ONLY THING THAT WE HAVE LEFT IS ADJOURNMENT, I WILL ENTERTAIN A MOTION TO DO THAT, MOTION BY COUNCILMEMBER GRIFFITH, SECONDED BY THE MAYOR PRO TEM. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. OPPOSED NO, MOTION CARRIES, THANK YOU VERY MUCH. SEE YOU LATER. TOMORROW.

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