Oct 05, 2021 City Council

[A. CALL TO ORDER]

[00:00:11]

>> ALL RIGHT, WELCOME EVERYBODY FOR THE MEETING OF VICTORIA CITY COUNCIL FOR OCTOBER 5TH, 2021.

IF I DIDN'T WILL, PLEASE, STANDS FOR THE PLEDGE OF ALLEGIANCE AND THEN REMAIN STANDING FOR A

MOMENT OF SILENCE FOLLOWING THAT. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION

UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. >> PLEASE REMAIN STANDING FOR MOMENT OF SILENCE.

[1. Announcements/Reminders:]

>> ALL RIGHT, MR. GARZA, DO YOU HAVE ANY ANNOUNCEMENTS OR REMINDER?

>> WE DO HAVE ONE ANNOUNCEMENT, I WANT TO ASK CHRISTIE IEWKER TO COME UP WITH KEEP DELETE S.

>> GOOD AFTERNOON, MAYOR, COUNCIL, I AM HAPPY TO BE HERE ONCE AGAIN TO ANNOUNCE OUR OCTOBER BUSINESS BEAUTIFY INDICATION AWARD. AND FOR THAT I HAVE OUR NEW

BOARD CHAIR MERIT THE BYRD TO PRESENT THAT. >> GOOD EVENING, COUNCIL.

ON BEHALF OF KEEP VICTORIA BEAUTIFUL, I'M PROUD TO BRENT THE BEAUTIFY INDICATION AWARD OF OCTOBER TO TOKYO GRILL. WE GIVE THIS AWARD TO BUSINESSES THAT EMBODY THE MISSION OF KEEP VICTORIA BEAUTIFUL TO ENHANCE THE LIVEABILITY OF VICTORIA BY BEAUTIFY INDICATION THROUGH A SENSE OF PRIDE AND OWNERSHIP. TOKYO GRILL IS A SHINING EXAMPLE OF THAT MISSION AND THEIR PRIDE IS EVIDENT IN THE HEALTHY, COUNSELORFUL LANDSCAPING, THE GORGEOUS OUTDOOR SEATING AREAS AND THE BEAUTIFUL CONDITION OF THE PROPERTY AS A WHOLE TONIGHT WE HONOR MR. ALBERT CHIN OF

TOKYO GRILL AS OUR OCTOBER AWARD WINNER. >> THANK YOU.

>> ALL RIGHT. IS THAT ALL FOR ANNOUNCEMENT? >> YES, SIR.

[2. Public & Employee Recognitions:]

>>> THE FIRST IS B2A WHICH IS THE 4-H WEEK PROCLAMATION WHERE THE ASTCITY OF VICTORIA IS PROUD TO HONOR THE YOUTH DEVELOPMENT PROGRAM OF THE TEXAS A&M AGRILIFE EXTENSION SERVICE FOR 114 YEARS OF PROVIDING EXPERIENCED-BASED EDUCATION TO YOUNGSTERS THROUGHOUT THE LONE STAR STATE AND WHEREAS THIS ADMIRABLE PROGRAM WHICH SEEKS TO PROVIDE A LEARNING EXPERIENCE FOR THE WHOLE CHILD INCLUDING HEAD, HEART, HANDS AND HEALTH, HELPS YOUNG TEXANS TO ACQUIRE KNOWLEDGE, DEVELOP SKILL, LIFE SKILLS AND FORM ATTITUDES TO ENABLE THEM TO BECOME SELF-DIRECTED, PRODUCTIVE AND CONTRIBUTING MEMBERS OF OUR SOCIETY.

AND WHEREAS IT IS MORE THAN 550,000 URBAN, SUBURBAN AND RURAL YOUTH PARTICIPANT RANGING IN AGE FROM 8 TO 19 COME FROM DIVERSE AND ECONOMIC BACKGROUND AND REPRESENT A TRUE CROSS-SECTION OF THE STATE AND WHEREAS THE PROGRAM COULD NOT HAVE UNDOUBTEDLY ACHIEVED THE SUCCESS IT HAS TODAY WERE IT NOT FOR THE SERVICE OF MORE THAN 22,000 VOLUNTEERS AND WHEREAS ITS PROUD HISTORY, THE 4-H PROGRAM HAS DEVELOPED POSITIVE ROLE MODELS FOR COUNTLESS TEXANS AND THROUGH ITS INNOVATIVE AND INSPIRING PROGRAMS. NOW THEREFORE, I, JEFF BAUKNIGHT MAYOR OF CITY OF VICTORIA, TEXAS, DESIGNATE OCTOBER 5TH, 2021 TO BE NATIONAL 4-H WEEK IN VICTORIA, TEXAS AND, TENSION SERVICE AND THE MANY MEN AND WOMEN WHO IS HAVE MADE THE

PROGRAM A SUCCESS. >> THANK YOU, PAIGE MELTON FOR THE 4-H YOUTH DEVELOPMENT PROGRAM HERE IN VICTORIA COUNTY AND I HAVE SO MUCH MY SENIOR 4-H AMBASSADORS HERE I WOULD LIKE TO RECOGNIZE. WE HAVE MEDICATION JAYCEE, TRAVIS, CAITLIN BENNETT JANSON, CODY AND MADDIE NUÑEZ AND ALSO STATE HEALTH AMBASSADORS THAT DO HEALTHY LIVING EDUCATION THROUGHOUT THE COMMUNITY ALSO. AND THEN CARLEE PARSONS SO THEY'RE GOING TO TELL YOU A COUPLE OF SECONDS ABOUT WHAT NATIONAL 4-H IS AND GIVE YOU AN UPDATE ON OUR PROGRAM.

I PERSONALLY WANT TO SAY THANK YOU ALL FOR YOUR SUPPORT IF. IT WASN'T FOR OUR BUSINESSES AND

[00:05:03]

I'LL HAVE THEM GIVE YOU AN UPDATE ON OUR PROGRAM REAL QUICK.

>> MORE THAN SIX MILLION YOUNG PEOPLE ACROSS THE COUNTRY WILL BE CELEBRATING NATIONAL 4-H WEEK. IT IS AN ANNUAL CELEBRATION OF 4-H HELD THE FIRST FULL WEEK OF OCTOBER. THIS IS A WEEK THAT OUR YOUTH SHOWCASE THE GREAT THINGS THAT 4-H OFFERS YOUNG PEOPLE AND HIGHLIGHTS EACH DAY TO MAKE A POSITIVE IMPACT ON THE

COMMUNITY. >> NATIONAL 4-H WEEK IS A WEEK WE RECOGNIZE OUR VOLUNTEERS, SPONSORS, DONORS AND SUPPORTERS. WE KNOW OUR PROGRAM WOULD NOT FUNCTION WITHOUT THE TIME, DEDICATION AND PASSION OF THESE HARD-WORKING INDIVIDUALS IN OUR COMMUNITY.

>> THE VICTORIA COUNTY 4-H PROGRAM HAS 18 DIFFERENT COMMUNITY AND CLUB PROJECTS ACROSS THE COUNTY FOR YOUTH TO BE A PART OF. SOME OF THE MAJOR PROJECTS OUR YOUTH PARTICIPATE IN ARE SHOOTING SPORT, LIVESTOCK, FOOD AND NUTRITION, OUTDOOR EDUCATION

AND LEADERSHIP. >> LAST YEAR WE HAD OVER 550 ACTIVE FOUR-H MEMBERS AND HUNDREDS OF VOLUNTEERS. OUR GOAL AS AMBASSADORS IS TO INCREASE OUR MEMBERSHIP, EVEN MORE THROUGH THE NEW 4-H YEAR AND TO CONTINUE TO SPREAD THE WORD ABOUT 4H AND ALL IT OFFERS.

[APPLAUSE] >> AS YOUR LEAVING I WOULD JUST LIKE TO SAY THANK YOU, ESPECIALLY TO THOSE OF YOU WHO SPOKE. BEING SOMEONE THAT SITS UP HERE SOMETIMES I'M NOT COMFORTABLE SPEAKING IN FRONT OF A MICROPHONE.

THEY ALL DID A GREAT JOB. >> ITEM B2B IS THE WALK TO END ALZHEIMER'S DAY PROCLAM.

MITIGATION, WHEREAS ALZHEIMERS AFFECTED 6.2 MILLION AMERICANS AND APPROXIMATELY 400,000 TEXANS ARE AFFECTED BY ALZHEIMER'S DISEASE, TEXAS RANKS FOURTH IN THE NUMBER OF ALZHEIMER'S DISEASE CASES AND SECOND IN THE NUMBER OF ALZHEIMER'S DISEASE DEATHS IN THE UNITED STATES AND WHEREAS ALZHEIMER'S DISEASE ASK A IRREVERSIBLE BRAIN DISEASE THAT DESTROYS MEMORY SKILL, THINKING SKILLS AND EVENTUAL THINK ABOUT TO CARRY OUT DAILY ACTIVITIES LEADING TO THE NEED FOR FULL-TIME CARE. DIMENTIA IS AERAL TERM FOR A GROUP OF BRAIN DISORDERS THAT CAUSES PROBLEMS WITH THINKING, MEMORY AND BEHAVIOR, ALZHEIMER SEES THE MOST COMMON TYPE AND THE LEADING VOLUNTEER HEALTH ORGANIZATION IN ALZHEIMER'S CARE, SUPPORT AND RESEARCH.

NOW THEREFORE I JEFF GNAW IMIEGHT MAYOR OF THE CITY OF VICTORIA DO OFFICIALLY DESIGNATE OCTOBER 9TH, 2021 TO BE WALK TO END ALZHEIMER'S DAY IN VICTORIA, TEXAS, AND URGE ALL CITIZENS TO RECOGNIZE THE CONTRIBUTION OF THE ALZHEIMER'S ASSOCIATION AND FIGHTING AGAINST

THE DISEASE. >> MAYOR CAN YOU COME BACK UP FRONT, WE WEREN'T ABLE TO GRAB A

PICTURE BEFORE THE MEETING IF THAT IS ALL RIGHT. >> WE JUST WANT TO SAY THANK YOU VERY MUCH FOR THE CITY'S SUPPORT, WHETHER YOU WALKED IN ALZHEIMER'S I'VE BEEN WITH THIS GROUP SINCE WE STARTED AND THEY RAISED A LOT OF MONEY TO FIGHT THIS DISEASE.

WE'RE UP TO TRYING TO GET 38 THOUSAND IS OUR NEW GOAL. WE TOOK A STEP BACK BECAUSE OF THE PANDEMIC. WE'RE BACK IN BUSINESS. AND KAREN HAS A FEW THINGS TO SAY. AND ONCE AGAIN, WE THANK ALL OF Y'ALL FOR YOUR SUPPORT AND THANK

ALL OF Y'ALL FOR WHAT YOU DO. >> AND OUT OF THAT 38,000, 30,000 HAS BEEN RAISED SO FAR AND BATINA GARDENER HAS BEEN DRIVING FORCE FOR THAT. SHE IS A GREAT LEADER AND WE'VE HAD A LOT OF VERY SUCCESSFUL FUND-RAISERS. THE WALK IS AT VICTORIA COLLEGE THIS WEEKEND. THERE ARE STILL SPONSORSHIP OPPORTUNITIES AVAILABLE FOR $250 A TABLE. AND WE WOULD LOVE TO SEE EVERYONE COME OUT.

IT IS GOING TO BE AT 9:00 THE CEREMONY, 9:30 IS THE WALK. THANK YOU FOR YOUR SUPPORT.

>> THANK YOU Y'ALL. >> NATIONAL ASSOCIATION OF TOWN WATCH IS SPONSORING A UNIQUE

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NIGHT OUT IN VICTORIA, TEXAS. >> LET ME JUST SAY QUICKLY, THANK YOU.

REALLY APPRECIATE THE SUPPORT THIS COMMUNITYDY HAS GIVEN OUR POLICE DEPARTMENT ALONG WITH THE FIRE DEPARTMENT. WE'VE GOT A BIG EVENING PLANNED. WE'RE GOING TO TRY TO HIT EVERY SINGLE BLOCK PARTY THAT WE CAN. I'VE GOT MY COMMAND STAFF AND OFFICERS SPREAD OUT THROUGHOUT THE CITY. AND WE'VE BEEN PLANNING FOR THIS ALL YEAR AND WE'RE EXCITED ABOUT IT. BUT AGAIN, MAYOR, COUNCIL, THANK YOU FOR THE PROCLAMATION.

IT MEANS A LOT TO HAVE YOUR SUPPORT. GOD BLESS YOU ALL, THANK YOU.

>> YOU'RE NOT GOING GET OFF THAT EASY, BECAUSE SHANE MADE IT BACK FOR THE PICTURE.

>> THAT'S MY SPECIALITY, PICTURES. >> AND ITEM B2D IS THE FIRE PREVENTTION WEEK PROCLAMATION, ENSURING THE SAFETY AND SECURITY OF ALL THOSE LIVING IN AND BUSINESS VISITING VICTORIA AND WHEREAS FIRE A SERIOUS PUBLIC SAFETY CONCERN PUBLICLY AND NATIONALLY AND HOMES ARE THE LOCATION WHERE PEOPLE AT THE GREATEST RISK FROM FIRE AND WHEREAS HOME FIRES KILL MORE THAN 2770 PEOPLE IN THE UNITED STATES IN 2019, THE FIRE DEPARTMENT IN THE UNITED STATES RESPONDED TO 339,500 HOME FIRES AND WHEREAS SMOKE ALARMS SENT SMOKE WELL BEFORE YOU CAN AL HERRING YOU TO THE DANGERS OF A FIRE, WHEREAS WORKING SMOKE ALARMS CUT THE RICK OF DYING IN REPORTED HOME FIRES IN HALF AND WHEREAS VICTORIA RESIDENTS SHOULD BE SURE 97 THEHOME UNDERSTAND 2-S SOUNDS OF THE AL HARLS AND KNOWS HOW TO RESPOND AND WHEREAS VICTORIA RESIDENTS WHO HAVE PLANNED AND PRACTICED A HOME FIRE ESCAPE PLAN ARE MORE PREPARED, WHEREAS VICTORIA RESIDENTS WILL MAKE SURE THEIR SMOKE AND CO ALARMS MEETS THE NEEDS OF ALL FAMILY MEMBERS. WHEREAS THE VICTORIA FIRE DEPARTMENT IS DEDICATED TO REDUCING THE OCCURRENCE OF HOME FIRES AND HOME FIRE INJURIES THROUGH THE PREVENTION AND PROTECTION EDUCATION, AND WHEREAS VICTORIA RESIDENTS RESPONSIVE TO PUBLIC EDUCATION MEASURES ARE BETTER ABLE TO MAKE PERSONAL STEPS TO INCREASE THEIR SAFETY FROM FIRE, WHEREAS THE 2021 FIRE PREVENTION WEEK THEME, LEARN THE SOUNDS OF FIRE SAFETY EFFECTIVELY SERVES TO REMIND US IT IS IMPORTANT TO LEARN THE DIFFERENT SOUNDS OF SMOKE AND CARBON MONOXIDE ALARMS. THEREFORE I, JEFF BAUKNIGHT MAYOR OF CITY OF VICTORIA, TEXAS, DO HEREBY PROCLAIM OCTOBER AS FIRE PREVENTION WEEK AND ENCOURAGE PEOPLE OF VICTORIA TO LEARN THE SOUNDS OF FIRE SAFETY FOR FIRE WEEK 2021 AND SUPPORT THE MANY PUBLIC SAFETY ACTIVITIES AND EFFORTS OF THE

VICTORIA FIRE DEPARTMENT. >> GOOD EVENING MR. MAYOR AND CITY COUNCIL.

I'M THE FIRE MARSHAL, MY INSPECTOR INVESTIGATORS, FRANK, JOHN AND KEVIN HERE WITH US.

THANK YOU SO MUCH FOR YOUR CONTINUED SUPPORT IN OUR FIRE PREVENTION EFFORTS.

WE ARE CONTINUALLY STRIVING TO TRY TO REDUCE THE IMPACT OF FIRES WHETHER IT BE INJURIES OR PROPERTY DAMAGE. AND THIS PROCLAMATION BRINGS OUT MORE ATTENTION TO WHAT WE'RE

DOING. THANK YOU, AGAIN SO MUCH. >> THANK YOU FOR WHAT Y'ALL DO.

>> THAT'S IT FOR THE PROCLAMATIONS. CAN YOU GET YOU A WATER?

>> I'M GOOD. >>> DO YOU ANY OTHER PUBLIC RECOGNITION?

>> ABOUT TEMP OF THEM, JUSTKEY KIDDING, I DO NOT. 83, MICHAEL TURNS FOUR MONTHS

[3. Items from Council:]

[00:15:06]

TODAY. >>> CONGRATULATIONS. >> OKAY, ITEMS FROM COUNCIL?

>> I HAVE ONE, TWO QUICK ITEMS. ONE, I'M GOING TO MOVE REDISTRICTING UP, BECAUSE WE HAVE A NUMBER OF PEOPLE HERE TO LISTEN TO THAT PRESENTATION. AND THAT'S THE CITY MANAGER RECORD. I'M GOING DO THAT AFTER CITIZEN'S COMMUNICATION.

AND THEN I WANTED TO REMIND Y'ALL OF OUR SPEED HUMP POLICY, AND HOPEFULLY Y'ALL WILL BE GETTING A DRAFT POLICY WE CAN DISCUSS AT THE NEXT MEETING DURING ITEM FROM COUNCIL NOT

TAKING ACTION ON BUT SCWAWS TO WORK ON. >> I WOULD LIKE TO PULL C5.

>> SURE. >> C5 OR D5? >> D5.

>> D5, I'M SORRY. >> THERE IS NO C5. >> I'D LIKE TO MAKE A COMMENT.

ITEMS ON THE CONSENT AGENDA D2, 3 AND 4, TO ME THOSE ARE VERY IMPORTANT COMMERCIAL VARIANCES.

AND MY FIRST REACTION WAS TO PULL THEM SO THAT WE COULD HAVE SOME DISCUSSION, BECAUSE I THINK THAT THE PLANNING COMMISSION BENEFITS FROM COUNCIL DISCUSSION.

I THINK THE PLANNING DEPARTMENT PROBABLY DOES ALSO, I'VE STUDIED THEM AND I'VE DETERMINED THAT I PERSONALLY AM IN SUPPORT OF THOSE VARIANCES. AND SO I'M NOT GOING ASK TO PULL THEM, BUT I THINK JUST IN THE FUTURE, I'M JUST CONCERNED WHEN WE HAVE COMMERCIAL VARIANCES THAT IF THERE IS SOME THOUGHT ON IT, I PROBABLY WILL PULL THEM THE FUTURE.

AND I DIDN'T KNOW IF ANYBODY HAD THE SAME FEELINGS. BUT I JUST WANTED TO MAKE THAT

STATEMENT. >> THANK YOU FOR THAT. AND VERY APPROPRIATE.

[4. Citizen Communication:]

I'M SORRY I MISSPOKE EARLIER AND THEN DO THE REDISTRICTING PRESENTATION.

CITIZEN'S COMMUNICATION, RIGHT NOW I HAVE TWO COMMENT CARDS FOR THIS PORTION AND THERE DELETE S THEN MR. CLIMBUS YOU'LL SPEAK FOR ANIMAL CONTROL ORDINANCE. SO MICHAEL VON DERA.

>> GOOD EVENING, LADIES AND GENTLEMEN AND CITY MAYOR. I LIVE AT 2204, WE HAVE A LOT OF ABANDONED TRAILER HOUSES AND IT IS JUST GETTING WORSE. THEY DEMOLISHED TWO OF THEM LAST MONTH. AND TRAILER 10 IS ON THE BUILDING AND STANDARDS COMMISSION ON OCTOBER 14TH. AND IT IS A SAFETY ISSUE FOR POLICE OFFICERS BECAUSE THESE DOORS ARE NOT SECURE. THEY'RE WIDE OPEN AND I WAS HOPING, YOU KNOW, IS SOMEONE COULD LOOK INTO IT. WE HAVE HAD CODE ENFORCEMENT AND BUILDING INSPECTORS CHECKING EVERYTHING OUT. AND I WANT TO THANK LEGAL DEPARTMENT AND ANIMAL CONTROL FOR WORKING ON THAT. ANIMAL CODES AND I WANTED TO THANK THE POLICE DEPARTMENT, ANIMAL CONTROL WORKING TOGETHER TO FIGHT ANIMAL ABUSE. THE FIRST HEARING OF THE DOG ABUSE CASE WAS YESTERDAY. SO I WANT TO THANK THE DA'S OFFICE FOR PROSECUTING THE CASE.

YOU KNOW, I WOULD LIKE TO SEE MORE ANIMAL ABUSE CASES PROSECUTED, YOU KNOW, 90% OF THE PEOPLE TAKE CARE OF THEIR ANIMALS CORRECTLY, BUT WHAT ABOUT THE 10% THAT DON'T, YOU KNOW. AND ANYWAY, THANKS AND HAVE A GOOD DAY, APPRECIATE IT.

>> THANK YOU. >> MS. ASHLEY MCGEE. >> HI, I'M ASHLEY MCGEE, I AM ON THE PARKS AND RECREATION COMMISSION. GOOD EVENING COUNCIL AND MAYOR.

I WOULD LIKE TO BE REAPPOINTED. THIS WILL BE MY SECOND TERM AS PARKS AND RECREATION COMMISSIONER. AND THAT IS ON THE AGENDA TODAY AND I JUST WANTED TO EXPRESS MY INTEREST. AND I WOULD LIKE TO SERVE AGAIN THIS YEAR IF I'M ABLE TO DO SO.

ALSO, I AM SUBMITTING FORM FOR YOU TULE SEE, IT IS ABOUT SEGUE SCOOTERS.

AND I THINK Y'ALL HAVE ALREADY BEEN KIND OF NOTIFIED THAT WE WOULD LIKE TO RENT SUBWAY SCOOTERS IN THE PARK AT MY BUSINESS FLOW PADDLECO, THAT IS LIGATURE FOR YOU TO LOOK OVER.

WE WOULD LIKE TO GET IT ON THE AGENDA NEXT MONTH I COULD TALK ABOUT THIS FURTHER WHAT WE WOULD LIKE TO OFFER. THEY'RE SCOOTERS THAT THEY GO NO HIGHER THAN 20 MILES PER HOUR.

WE WOULD ONLY ALLOW DELETE S LOU THEM TO BE USED IN RIVERSIDE PARK WHICH IS A 20 MILES PER HOUR ONLY AREA I WOULD RENT THEM OUT AT MY OFFICE AND THEY WOULD HAVE TO BE RETURNED TO THE

[00:20:01]

THE MOPED STYLE, WE WOULD BE WANTING TO GET TO NEXT MONTH AND THEN WE WOULD WANT TO GET FOUR OF THE BLACK ONEIOUS SEE. AND WITH EVERY SCOOTER RENTAL WE WOULD INCLUDE A HELMET.

THAT IS INFORMATION FOR YOU TO LOOK OVER AND TAKE HOME. IF AND IF I COULD GET IT ON THE AGENDA FOR NEXT MONTH, I WOULD LIKE TO TALK ABOUT IT FURTHER. AND THAT'S ALL I HAVE FOR Y'ALL TODAY. IF Y'ALL HAVE QUESTIONS FOR ME, PLEASE.

>>> THANK YOU. >> THANK YOU. I APPRECIATE IT.

>> MR. GWOSDZ CAN WE PUT THAT ON ITEMS FOR COUNCIL NEXT WEEK. I WOULD LIKE TO GET SOME MORE INFORMATION FROM HER AT THAT TIME SO WE COULD ALSO DISCUSS IT, BUT ALSO, MAYBE FROM YOUR OFFICE, WHAT WE WOULD NEED DO IF ANYTHING TO CONSIDER ALLOWING NECESSARY THE PARK AND RULES,

REGULATIONS AROUND IT AND STUFF. >> I ALSO DID MEET WITH ALLISON LACY, LEGAL DEPARTMENT AND MET WITH THE DEPARTMENT OF PARKS AND REC AND DID PRESENT TO THE COMMISSION AS WELL.

SO I'M WORKING TOWARDS Y'ALL. >> OKAY. >> THANK YOU SO MUCH.

Y'ALL IS HAVE A GREAT EVENING, BYE-BYE. >> THANK YOU.

[F. City Manager Reports:]

>> ALL RIGHT WITH THAT WE'RE GOING CLOSE CITIZEN'S COMMUNE AND MR. GWOSDZ WILL LEAD US IN THE CITY MANAGER REPORT, OVERVIEW AND TRAIN FOR REDISTRICTING PROCESS, F1.

>> THANK YOU, MAYOR. GOOD ING, I'M HERE TO KICK OFF THE PROCESS.

I WON'T BE DOING MUCH LEADING DEPARTMENT IN THE SENSE I'M TALKING FIRST.

THOMAS GOODE CITY -- GWOSDZ CITY ATTORNEY TO TALK ABOUT THE CITY PROCESS, I HAVE TONIGHT TO LEAD THE DISCUSSION RESIM POLLAM SITTING BEHIND ME AND LEADING MOST OF THE TRAINING AND DISCUSSION TODAY AND ANSWERING THE QUESTIONS I WAS UNABLE TO ANSWER TWO WEEKS AGO WHEN WE LAST ADDRESSED THIS ISSUE. RESIN WAS BORN IN TYLER, BUT I TOLD HIM WE WON'T HOLD THAT AGAINST HIM, HE DID HIS UNDERGRADUATE WORK AT UNIVERSITY OF HOUSTON IN HOUSTON AND GRADUATED LAWSUIT FROM THE THURGOOD MARSHAL SCHOOL OF LAW THERE AT TEXAS SOUTHERN UNIVERSITY AND SO HE HAS JOINED THE BURQUEZ LAW FIRM WHOM WE'VE HIRED, HE'S HERE TO EXPLAIN,PROCESS WORKS WORKS ANDT CITY COUNCIL'S ROLL IS. AT THE REQUEST OF THE MAYOR WE'RE GOING KEEP THIS A TIGHT PRESENTATION AND TALK ABOUT PRIMARILY COUNCIL'S ROLE AND THE DETAILED TRAINING FOR THE COMMITTEE MEMBERS WILL BE HELD AT THE FIRST MEETING OF THE

COMMITTEE LATER IN THE FUTURE. >> AND YOU DID EXPLAIN TO HIM THIS IS THE ORIGINAL CITY OF

ROSES. >> THIS IS THE ORIGINAL CITY OF ROSES.

>> WE MIGHT HAVE A LITTLE HARD TIME TELLING EARL CAMPBELL THAT, BUT IT IS FINE.

MAYOR AND COUNCIL, A PLEASE TOUR BE IN FRONT OF YOU. THANK YOU, TOMS FOR THAT GREAT INTRODUCTION AS YOU SAID, MY NAME IS RESIM PULLAL, I'M HERE ON BEHALF OF THE BURQUEZ LAW FIRM. HERE TO GIVE YOU TRAINING ON THE REDISTRICTING PROCESS.

NOW HOPPING STRAIGHT INTO IT, WE'RE GOING TO BE TALKING ABOUT WHAT REDISTRICTING IS, WHY WE DO IT AND HOW IT IS DONE. WHAT YOU GUYS WILL BE ABLE TO DO AND YOUR WHOLE REEL IN THIS THING. SO REDISTRICTING IS THE PROCESS OF DRAWING THE SINGLE MEMBER DISTRICT BOUNDARIES TO WHERE WE ARE GETTING THE POPULATION IN BALANCE FOR EACH DISTRICT.

THAT IS BECAUSE WE NEED TO HAVE AT LEAST A SUBSTANTIAL POPULATION SO THAT EVERYBODY HAS A CHANCE TO VOTE AND ELECT REPRESENTATIVES OF THEIR CHOICECH NOW AS YOU KNOW THE SENSEUS IS CONDUCTED EVERY TEN YEARS AND IT COUNTS THE U.S. RESIDENTS WHERE THEY LIVE AS OF APRIL 1. NOW WITH THE PANDEMIC, OF COURSE, THINGS WERE KIND OF SLOWED DOWN, BUT WE'RE ON BALL TO BE FINISHED DURING THE REDISTRICTING PROCESS BY THE TOP OF THE YEAR. SO WHAT IT IS ABOUT, PEOPLE MIGHT SAY IT IS ABOUT NUMBERS.

IT IS ABOUT STREETS. BUT IN REALITY DELETE STY WHAT IT IS ALL ABOUT IS PEOPLE.

YOU KNOW, THE NEIGHBORHOODS AND THE COMMUNITY, HAVING THOSE MEMBERS THAT ARE PART OF YOUR COMMUNITY BE ELECTED AS REPRESENTATIVES, BEING ABLE TO MAKE SURE YOUR VOTE COUNTS THE SAME AS EVERYBODY ELSE'S. SO WHAT WE NEED TO DO IS TO REDISTRICT INTO WHERE WE'RE MAKING THE POPULATION SUBSTANTIALLY EQUAL SO THAT EVERYBODY'S VOTE COUNTS JUST ABOUT THE SAME. IF YOU HAVE ONE DELIGHTED IS 5,000 AND DISTRICT HAS 10,000 PEOPLE. THAT DISTRICT WITH 5,000 WILL HAVE A STRONGER VOTE THAN KNOWS THE 10,000 DISTRICT. SO THAT IS WHAT THIS PROCESS IS KIND OF ABOUT.

WHAT WE HAVE HERE ARE SOME OF THE TEXAS STATISTICS FROM THIS YEAR'S CENSUS.

AS YOU CAN SEE WE'RE COMING IN RIGHT ABOUT UNDER 30 MILLION PEOPLE, MAKING US THE SECOND

[00:25:03]

THAT PART OF THE VOTING RIGHTS ACT WAS ACTUALLY STRICKEN DOWN AND MADE LITTLE LESS POWERFUL BY THE COURT CASE OF SHELBY COUNTY VERSUS HOLDER. THAT SIMPLY SAYS FOR US THAT WE'RE NOT GOING HAVE TO DO THE PRE-CLEARANCE THAT WAS REQUIRED, WHICH IS THE SUBMITTAL OF THE REPORT AND ALL ANNEXATION AND EVERYTHING GOING ON IN THE CITY TO THE DOJ.

WE'RE NOT GOING TO HAVE TO DO THAT, BUT WHAT WE TEND TO DO AS A FIRM, WE STILL ABIDE BY THE PROCESS SO WE'RE PROVIDING YOU GUYS WITH SOMETHING THAT IS LEGALLY DEFENSIBLE AND SOUND.

GETTING A LITTLE BIT OF THE OVERCREW OF THESE PRINCIPALS. THE ONE PERSON, ONE VOTE CONSTITUTIONAL PRINCIPAL SAYS EXACTLY THAT, YOU KNOW, THE MEMBERS IN WHICH THE ELECTED BODY IS DRAWN FROM NEEDS TO BE SUBSTANTIALLY EQUAL. ONE OF THE TOOLS WE USE TO GUIDE WITH US THIS IS CALLED THE TOTAL MAXIMUM DEVIATION. I'M A LITTLE GOOD WITH MATH.

THAT IS GOING BE THE PART THAT LIES HEAVILY ON US AND THE DEMOGRAPHER.

AND TO EXRAIN IN A LITTLE BIT, WE TAKE YOUR LARGEST DISTRICT. WE SUBTRACT FROM IT THE IDEAL SIZE BASSED ON YOUR 2020 CENSUS DATA AND WE GET A PERCENTAGE BY DIVIDING THAT BY THAT IDEAL SIZE. WE DO THAT SAME CALCULATION FOR YOUR LOWEST POPULATED DISTRICT.

AND THEN WE COME COMBINE THE PERCENTAGE OF THOSE TWO NUMBERS. IF THOSE TWO NUMBERS COMBINE TO EQUAL MORE THAN 10%, THEN YOU'RE GOING NEED TO REDISTRICT. ACCORDING TO THE COURT CASES, 10% OR LESS HAS BEEN THE PERMISSIBLE, TOTAL MAXIMUM DEVIATION THAT IS ALLOWED.

THAT IS WHAT WE'RE AIMING FOR TO STRIKE THAT BALANCE. >>> SECTION TWO OF THE VOTING RIGHTS SACRAMENTO THE PRINCIPLE THAT ESSENTIALLY STANDS FOR THE PROTECTING NORTH GROUPS, THEY HAVE TO HAVE THE SAME OPPORTUNITY AS EVERYBODY ELSE TO ELECT REPRESENTATIVES OF THEIR CHOICE. IN ORDER TO DO THAT, SOME OF THE THINGS WEUS IN MUSTED A VOID TERMS CALLED CRACKING AND PACKING. IF YOU SEE THIS ON ONE SIDE, ONE OPTION HOW THE LINES ARE DRAWN AND SHOWS A BASIS POPULATION, KIND OF EVENLY SITUATED AND WHAT COULD BE AN IDEAL SITUATION. HOWEVER, IN THIS SLIDE NOTHING HAS CHANGED EXCEPT FOR WHERE THE LINES HAVE DRAWN. NOW WHAT SECTION 2 OF THE U.S. VOTING RIGHT ROUTES DOES NOT ALLOW THE DILUTING POWER OF THE NORTH GROUP. IF YOU LOOK AT THE RED, THEY'RE SOMEWHAT INCONTIGUOUS AREAS. BUT THEIR LINES HAVE BEEN DRAWN IN A WAY THAT IT HAS FRACTURED THE VOTING POWER OF THOSE MINORITIES SO ONE OF THE THINGS THAT WE'RE GOING TO MAKE SURE WE INCLUDE IN OUR CRITERIA IS NOT CRACKING THOSE NORTH VOTERS TO LEAVE US SUSCEPTIBLE TO A U.S.

SECTION 2 VOTING RIGHTS ACT. >> ANOTHER THING WE MUST BE CAREFUL OF IS NOT TO PACK THOSE PROTECTED NORTH VOTERS. AND THIS INSTANCE, SAME DRAWING, JUST DIFFERENT LINES.

YOU WILL SEE THAT IN RED POPULATION, THAT MOST OF THOSE PEOPLE HAVE BEEN PUT INTO ONE DISTRICT. NOW THAT CONCENTRATION OF VOTING POWER COULD HAVE BEEN EQUALLY

[00:30:04]

>> COULD YOU BACK UP TO THE SLIDES BEFORE THE PICTURES OF THE PEOPLE.

>> YES, MA'AM. >> RIGHT THERE. >>> YES.

>> BECAUSE I WAS READING IT AND THAT FIRST PROTECTED NORTH GROUP MUST BE LARGE ENOUGH AND GEOGRAPHICALLY COMPACT TO CONSTITUTE A MAJORITY IN A DISTRICT AND THEN YOUR PICTURES

YOU SAID SOMETHING DIFFERENT. >> ALLOW ME TO CLEAR THAT UP. SO WHAT YOU SEE HERE IS THE THRESHOLD TEST AND THE PRONGS THAT WERE USED TO BRING SECTION 2 U.S. VOTING RIGHTS ACT SUIT.

THESE ARE THE THINGS IN WHICH WE'RE GOING TO BE OBSERVING AND MAKING SURE WE'RE ON TOP OF.

IF THERE WAS A PROTECTED NORTH GROUP, THAT IS LARGE ENOUGH AND HAS GEOGRAPHICALLY COMPACT CONTIGUOUS NATURE, THEY HEY BE ABLE TO BRING A SUIT, HOWEVER, THE WAY IN WHICH WE DO THIS PROCESS, WE'RE MAKING IT LEGALLY SOUND AND THE CRITERIA IN WHICH WE IDENTIFY AND ADOPT WILL MAKE SURE THAT WE'RE MISSING THIS THRESHOLD AND MOTT MAKING OURSELVES OPEN FOR THE SUIT.

>> OKAY, THANK YOU. >> YES, MA'AM. >> SO A LITTLE BIT ABOUT THE PROCESS. WE'VE ALREADY BEGUN TO OBTAIN LOCAL POPULATION DATA FROM YOU GUYS. AND WE HAVE STARTED ON CONDUCTING INITIAL ASSESSMENT.

THAT ESSENTIALLY IS GETTING YOUR CITY BOUNDARIES ANNEXATIONS ALL THAT INFORMATION FROM YOUR STAFF AND INPUTTING THAT, OVERLAYING THAT INTO MAPS OUR DEMOGRAPHER CAN USE TO CONDUCT THE INITIAL ASSESSMENT. THE INITIAL ASSESSMENT WILL TELL US WHETHER OR NOT YOU NEED TO REDISTRICT, THE CALCULATION I MENTIONED BEFORE WILL BE A PART OF THE INITIAL ASSESSMENT.

YOU'LL BE ABLE TO SEE THE BREAKDOWN OF DEMOGRAPHICS, WHERE EACH NORTH GROUP LIVES.

YOU WILL ALSO BE ABLE TO SEE WHICH DISTRICTS ARE OUT OF WHACK.

IN ADDITION TO THAT WE'LL BE ESTABLISHING A CRITERIA AND GUIDELINES WHICH YOU GUYS WILL SEE. THAT WILL BE ONE THING THAT WILL VERY IMPORTANT FOR THE COUNCIL BECAUSE YOU'LL BE PASSING A RESOLUTION. HOWEVER, WE WILL BE PRESENTING THIS TO THE COMMITTEE AND THEY WILL COME BACK WITH CRITERIA AS IDENTIFIED BOY YOU GUYS HELP SHAPE AND GUIDE THIS PROCESS. YOU ALREADY DETERMINED CIVIC ENGAGEMENT BY ENLISTING A COMMITTEE THAT'S WHAT WE'VE SEEN IN CITIES THROUGHOUT WE REPRESENTATIVE ENLIST THE CIVIC ENGAGEMENT PART IS VERY HEAVILY PRESENT AND WE'RE BEING AS TRANSPARENT AS POSSIBLE.

THE MAP DRAWING PROCESS IS REALLY FUN. WE HAVE A GREAT DEMOGRAPHEER, HIS NAME IS JEREMY MCMAHON AND THE SOFTWARE IS AMAZING, YOU CAN LITERALLY TAKE SOME OF THESE STREETS, DRAW IT, PUT IN DIFFERENT DISTRICT AND IT WILL UPDATE THE NUMBERS RIGHT THERE IN FRONT OF YOU, WHICH I THINK IS A VERY HELPFUL TOOL IN WHAT WE'RE GOING BE DOING IN THIS

PROCESS. >> LASTLY, WE'LL BE SUBMITTING WITH YOU GUYS THE REPORT TO DOJ THAT WOULD REQUIRE AN ADOPTION OF A NEW PLAN BY THE CITY COUNCIL.

>> AS YOU CAN SEE HERE, SOME OF THE REDISTRICTING CRITERIA WHICH WE'VE IDENTIFIED.

THERE THE TRIED ANDTU DELETE S TRUE GUIDELINES TESTED BY CASE LAW AND SOME OF THE MORE IMPORTANT CRITERIA THAT HAVE BEEN USED AND IDENTIFIED. AS YOU CAN SEE, WE'RE GOING TRY OUR BEST TO AVOID SPLITTING NEIGHBORHOODSES, YOU KNOW, COMMUNITIES OF INTEREST, THAT WILL BE BIG FOR US. WE'RE RELYING ON YOU GUYS TO GET US THE INFORMATION THAT WE NEED IN ORDER TO IDENTIFY AND KEEP THOSE COMMUNITIES INTACT. ONE OF THE THINGS I'VE IDENTIFIED FOR YOU, I THINK THE MAYOR HAD A QUESTION ABOUT HOWEVER, THERE MAY COME A TIME IN WHICH THE BEST WAY FOR US TO BALANCE THOSE DISTRICTS IS TO TAKE A SMALLER LEVEL WHICH WOULD

[00:35:06]

WHEN WE DO THAT WE HAVE TO BE AWARE OF IS ALIGNING AND COMMUNICATING WITH VICTORIA COUNTY BECAUSE THEY WILL NEED THAT INFORMATION AS TO MAKE SURE TO GIVE THE VOTERS ENOUGH NOTICE SO THEY KNOW WHERE TO BE VOTING IN THE NEXT ELECTION. ASK AS I SAID, ALSO, WE'LL BE ADOPTING GUIDELINES FOR CITIZEN MAP SUBMISSIONS. NOW SOMETIMES WHAT WE HAVE SEEN, VERY SMART, AVID ENGAGEMENT COMING UP I GOT THE BEST DISTRICT.

THIS IS THE BEST ONE IN TEXAS. THAT IS FINE, BUT WE NEED TO REDISTRICT THE ENTIRE CITY.

WE NEED TO KNOW THE AFFECTS THAT HAS ON THE REST OF THE DISTRICT, IF NUMBERS AND DEMOGRAPHICS, SO THAT WE ARE MAKING SURE TO GIVE YOU GUYS THESE GUIDELINES WILL BE VERY CLOSELY SIMILAR TO THOSE IN WHICH WE ADOPT, WE WANT TO PLAY BY THE SAME RULES, THOSE WILL BE TWO OF THE RESOLUTIONS WE'LL BE ADOPTING. CIVIC ENGAGEMENT, THIS PROCESS IS DRIVEN BY CIVIC ENGAGEMENT.

I COMMENDS YOU GUYS FOR ENLISTING A COMUPT COMMITTEE OF MEMBERS OF THE CITY OF VICTORIA TO, YOU KNOW, HELP US WITH THE PROCESS. IDENTIFY WHERE THOSE LINES ARE, IDENTIFY THE COMMUNITIES OF INTEREST. WE WILL BE POSTING ALL NOTICES AND MAPS TO THE CITY EXPWEBZ WITHIN CITY ALL AND WE WILL BE CONDUCTING PUBLIC HEARINGS, WE'RE HEAVILY INSPECTING PUBLIC ENGAGEMENT AND INVOLVEMENT AND ACTUALLY ENCOURAGE IT BECAUSE THAT WILL GET US THE BEST DRAWN DISTRICTS AND HAVE YOU GUYS READY FOR YOUR ELECTIONS COME MAY. SPEAKING OF THE ELECTIONS WE HAVE IDENTIFIED WHAT IS KIND OF TENTATIVE TIMELINE BASED ON SOME OF THE THINGS WE HAVE AHEAD OF US.

OUR ABSOLUTE LAST DATE IN WHICH WE WOULD HAVE THIS COMPLETED, WOULD BE JANUARY 18TH.

NOW REALISTICALLY WE WILL TRY TO GET THAT A LITTLE BIT BEFOREHAND AND GIVE US WIGGLE ROOM, BUT OUR CONSIDERATION IS THAT, AS WE WANT ALL INCUMBENTS AND FUTURE CANDIDATES TO KNOW EXACTLY WHERE THEY'RE GOING BE ELECTED FROM, WHERE THEIR DISTRICTS ARE BEFORE THAT FIRST DAY TO FILE ON THE BALLOT. THAT IS OUR AIMING POINT AND WHAT THAT IS GOING HANG ON HINGE ON IS SOME OF THE VARIABLES INCLUDED IN THIS SLIDE. THIS IS THE NUMBER OF MAPS REQUESTED, THE NUMBER OF MAPS SUBMITTED BY THE PUBLIC. WE TRY TO DO A THOROUGH REPORT OF EACH OF THE MAPS SO THAT YOU CAN SEE AND KNOW EXACTLY WHAT IS GOING ON IN EACH OF THESE DRAWINGS, THAT IS PART OF THE JOB, PART OF YOUR DUTY AS REQUIRED BY THE CONSTITUTION AND GUIDING PRINCIPALS. OUR NEXT STEPS IS THE GOING BE THE INITIAL ASSESSMENT AS I STATED AND THAT IS GOING TO CONSIST OF THE OVERLAY OF YOUR CURRENT DRINKS WITH THE POPULATION WE'VE RETRIEVED FROM THE 2020 CENSUS. NOW AFTER THAT IN THAT REPORT IS GOING BE OUR RECOMMENDATION AS TO WHETHER YOU NEED TO CONTINUE WITH THE REDISTRICTING PROCESS

BASED ON WHETHER THAT TOTAL MAXIMUM DEVEIATION EXCEEDS 10%. >> WE'VE ALREADY DONE THAT.

>>> GO AHEAD AND SKIP TO NUMBER TWO. >> YES.

>> THAT'S WHY WE HIRED YOU. >> MAYORSH YOU MAY REMEMBER I THREW UP PRELIMINARY NUMBERS AT THE LAST MEETING WHERE I SHOWED I BELIEVE THAT WE'RE SIGNIFICANTLY BEYOND THE 10% AND THAT IS WHY I RECOMMENDED HIRING A FIRM, HOWEVER, PLEASE UNDERSTAND THAT WAS MY INTERNAL CALCULATION, AN ATTORNEY GOOD AT MATH AND AN ATTORNEY WHO IS NOT GOODED A MATH.

I RECOMMEND YOU TRUST HIS NUMBERS OVER MINE. >> IS, SIMPLY OUR DEMOGRAPHER WILL BE TAKING THE CENSUS DAT WE RECEIVED FROM THE GOVERNMENT FROM YOU GUYS OVERLAYING THAT AND MAKING SURE THAT THOSE NUMBERS ARE ACCURATE AND THAT WE CONTINUE THIS PROCESS.

NEXT THINGS WILL BE THOSE RESOLUTIONS THAT I MENTIONED WITH THE CRITERIA FOR THE MAPS

AND THE CITIZEN MAPS THAT WILL BE SUBMITTED. >> SCA AND WITH THAT, THAT IS THE END OF MY PREPARED PRESENTATION. I WILL TAKE ANY QUESTIONS IF YOU

GUYS HAVE ANY. >> GOT A QUESTION. WE KNOW THAT DISTRICT 3S HAS GROWN SUBSTANTIALLY MORE THAN OTHER DISTRICTS. I DELETE S ONE AND 2, WHY WOULDN'T YOU BLINDLY MOVE PRECINCTS JUST TO SEE WHAT HAPPENS AS A STARTING POINT? SEEMS LIKE THERE IS AN AWFUL LOT OF BACKGROUND DATA THAT Y'ALL ARE GOING INTO WHERE I WAS JUST

[00:40:04]

KNOW THE POPULATION. DOES THAT NOT WORK? >> IT DEPENDS ON WHERE THE DISTRICTS ARE AND HOW CLOSE THEY ARE TO THE ONES THAT MAY BE OUT OF WHACK.

>> I WAS THINKING BORDERLINE ONES THAT WOULD EASILY MOVE INTO ANOTHER DISTRICT.

>> YEAH, AND THAT IS VERY POSSIBLE. IT COULD BE A SIMPLE PROCESS AS MUCH AS MAKING A CLEAN INCISION IN ONE DISTRICT AND MOVING THAT OVER.

AND EVEN WE HAVE THE ABILITY TO EITHER OVERPOPULAR O-- OVERPOPULATE OR UNDERPOPULATE ANTICIPATE THAT HAPPENING OVER THE NEXT TEN YEARS, THEN IT MIGHT BE IN YOUR BEST INTEREST TO KIND OF UNDERPOPULATE THAT AND A LITTLE BIT STILL MEETING THAT TOTAL MAXIMUM DEVIATION SO

THAT IT IS NOT ALL OUT OF WHACK NEXT TIME WE GO THROUGH THIS. >> I THINK ONE OF THE CHALLENGES THAT YOU MIGHT HAVE IS THE 3 PRECINCTS THAT MAKE UP DISTRICT 3 ARE LARGE.

IS THERE A RECOMMENDATION TO ADD PRECINCTS LIKE SPLITTING ONE SOME OF THE LARGE ONES INTO

OTHER PRECINCT? WHAT IS THAT PROCESS. >> AS IDENTIFIED, WE WANT TO IDENTIFY THOSE TO KEEP THOSE INTACT AS MUCH AS POSSIBLE, WAS WHERE THAT ISN'T GOING TO BE POSSIBLE OR PRACTICAL WE CAN LITERALLY TAKE THE CENSUS BLOCK THE SMALLER ONES THE SIZE OF A CITY BLOCK AND TAKE LITTLE BITS OUT OF THE PRECINCT TO DISTRICTS THAT MAY NEED THAT, WHENEVER WE'RE GOING DO THAT WE NEED TO BE A N LINE WITH VICTORIA COUNTY AND MAKE SURE OUR NOTICES ARE

GETTING OUT TO THEM. >> I WOW ABOUT A LITTLE BIT OF CONFUSION IF YOU SPLIT ONE OF THOSE IT IS NOT A NEW NUMBERED PRECINCT, DOES IT CONFUSE PEOPLE? ALTHOUGH, YOU KNOW, WE'VE CHANGED ELECTION PROCESS WHERE YOU CAN VOTE AT ANY LOCATION, SO IT REALLY DOESN'T HAVE A LOT OF BEARING ON IT TO THAT POINT WE DON'T HAVE AN ANSWER BUT IT

SHOULDN'T BE A FACTOR AS YOU STATED. >> OKAY.

>> IN IN ARE NO OTHER QUESTION I WANT TO WITH THIS EVENING'S PRESENTATION UP BY SAYING GREAT JOB. AND I KNOW WE THREW A LOT OF INFORMATION AT YOU TONIGHT.

IT WAS OUR DESIRE TO KEEP THIS DOWN TO A REASONABLE PERIOD OF TIME.

BUT THAT DOESN'T CHANGE THE AMOUNT OF INFORMATION COMING AT YOU, SO IT MIGHT HAVE FELT A LITTLE BIT LIKE A WATERFALL, I WANT TO MAKE SURE EACH OF YOU HAVE A COPY OF THE POWER .

PRESENTATION TO REVIEW IT IN YOUR OWN TIME. I'M GOING TO MAKE SURE THE COMMITTEE MEMBERS ALSO HAVE COPIES OF THE POWER POINT PRESENTATION AND LOOK AT GETTING THIS PRESENTATION UP ON OUR WEBSITE BY THE ENDS OF THE WEEK. SO THAT THE COMMUNITY CAN GO THROUGH THIS AT THEIR OWNBATION AS WELL. I THINK IT IS IMPORTANT THAT THE COMMUNITY HAVE AS MUCH ACCESS TO THIS INFORMATION AS WE DO. BECAUSE AS HE SAID THIS IS A

VERY COMMUNITY THANK YOU-DRIVEN PROCESS. >> IS THAT COMMITTEE GOING TO BE

POSTED? ITS MEETING TIME? >> THE COMMITTEE MEETING ARE NOT NECESSARILY POSTED UNDER THE OPEN MEETINGS ACT BUT CAN MAKE IT KNOWN WHEN IT HAPPENS IF THAT

IS YOUR DESIRE. >>> MIGHT BE WORTHWHILE. >>> AS YOUR PUT THINGS ON THE

SITE, I KNOW THEORETICALLY YOU CAN FIND THIS MAP IF YOU DIG. >> THANK YOU.

>> THANK YOU, MAYOR AND COUNCIL. >> THAT CONCLUDES THE CITY MANAGER'S REPORT FOR THIS

EVENING FOR THE EXECUTIVE SESSION. >> LET'S DO IT, WE'RE WRAPPING

[1. An ordinance amending and readopting Chapter 4 of the City Code of Ord...]

UP? >> SKIP THROUGH THE WHOLE THING. >>> GO INTO ITEMS OF PUBLIC

HEARING, C1. >> CHAPTER 4 OF THE CITY CODE OF ORDINANCES RELATING ANIMALS AND

FOWL. >>> THIS ITEM DOES REQUIRE PUBLIC HEARING AND WE HAVE ONE

PERSON WHO WISHES TO SPEAK FOR IT GOOD TO SEE YOU. >> GOOD TO SEE YOU, MAYOR,

COUNCIL. >> I THINK THE FACT I'M YOUR ONE SPEAKER SPEAKS TO DEPEND CITY ATTORNEY'S OFFICE ON TAKING THE INFORMATION FROM THE PUBLIC MEETINGS AND THE INPUT AND TAKING A 32-PAGE DOCUMENT AND KNOCKING IT DOWN TO A 16-PAGE DOCUMENT.

SO I WOULD COMMEND THEM ON THAT. BUT WHAT HAPPENS AND AS YOU KNOW THE REASON FOR THREE READINGS,

AND I ASSUME THIS IS THE FIRST. >> YES, SIR. >> IS TO GET INPUT AS TO AREAS WHICH MAY BE OF CONCERN WHEN IT IS BEING REWRITTEN. I'M NOT GOING TO GO INTO THE LITTLE BITLE AREAS BECAUSE I THINK THERE IS PLENTY OF TIME FOR ME AND THE CITY ATTORNEY OR

[00:45:01]

I DON'T KNOW IF IT IS INADVERTENT OR CAN BE EASILY CORRECTED BUT IN THE FIRST SENTENCE YOU'LL NOTICE CATCHPHRASE "OR OTHERWISE IN VIOLATION OF THE PROVISIONS OF THIS CHAPTER AND THE ONLY CHAPTER IS THE ENTIRE CHAPTER 4 ORDINANCE".

SO WHEN YOU READ THAT IT BASICALLY SAYS IN CONJUNCTION WITH THE NEXT B AND E, THAT ANY VIOLATION, YOU DON'T PICK UP POOP, YOU DON DELETE S DOGS BARK, ANIMAL CONTROL CAN IMPOUND YOUR ANIMAL, FIVE DAYS NOTICE IF YOU DON'T CLAIM THEM AND UNDER E, HAVE THEM EUTHANIZED.

I CAN'T FATHOM THAT THAT IS THE INTENT BEHIND IT SO I WOULD ASK WHEN YOUR LOOKING AT THE WORDING OF IT, THAT THAT CATCH PHASE, IF IT IS SUPPOSED TO BE DELINEATED TO A SPECIFIC PART, MAKE SURE THAT HAPPENS. BUT NOT A CATCHPHRASE OF ANY VIOLATION.

I JUST, I DON'T BELIEVE THAT WAS THE INTENT OF IT. >>> YOU SAID 423.

>>> 4-23A. >> A? >> YES, SIR.

MY AN HAL MALABANDONNED OR OTHERWISE IN VIOLATION OF THE CHAPTER.

AND THE CHAPTER BECAUSE IS A SECTION AND ARTICLE OF THE CHAPTER IS THE ENTIRE ORDINANCE.

OKAY. IS SECOND MAJOR ONE WOW 4-40. AND I COMMEND THEM ON REWRITING IT AND TAKING OUT THE LIMITATION ON NUMBERS. I'M THE ONLY SPEAKER HERE.

IN THAT ONE, AGAIN, YOU HAVE A REFERENCE TO E22.042 OF THE SAFETY CODE.

I'M LOOKING AT TWO ATTORNEYS ON THE CITY COUNCIL AND WELCOME MR. CROCKER, BE CAREFUL WHAT YOU WISH FOR. BUT I HAD TO READ IT FOUR OR FIVE TIMES BECAUSE THAT CHAPTER A22-422 HAS TO BE READ IN CONJUNCTION WITH THE SPEEDING AND -- PROCEEDING AND FOLLOWING CHAPTERS OF THE HEALTH AND SAFETY CODE. AS MY WIFE HAS OFTEN REMINDED ME, SKIT ONLY FORTUNATE I'M AN ATTORNEY BUT MOST PEOPLE AREN'T. AND MY FEAR IS BY -- I UNDERSTAND THE INCORPORATION BECAUSE IT HAS TO BE ELECTED BY YOU BY THE CITY COUNCIL OTHERWISE IT APPLIES TO 2 1/2 MILLION POPULATION COUNTIES. I DON'T THINK WE'RE THERE QUIET.

THE DOWNTOWN PROJECT MIGHT GET US THERE. BUT THE CONCERN I HAVE IS HOW ARE WE GOING SAFEGUARD PEOPLE SUCH AS WHAT JUST HAPPENED OR KIDS, YOU KNOW, PEOPLE WITH THEIR DOGS OF WHAT A22 IS. BECAUSE UNDER A22, IT ALLOWS A PROVISION FOR DANGEROUS DOGS.

IT ALLOWS A CITIZEN'S COMPLAINT SWORN OUT BY ANY CITIZEN THAT IF ANIMAL CONTROL OFFICER DEEMS IS VALID, THEY CAN GO PICK UP THE ANIMAL AND IMPOUND IT. NOW I KNOW ALL OF YOU PROBABLY LOVE PET, YOU KNOW MY FEELING ON IT. YOU CAN'T TAKE A 15-YEAR-OLD DHOOG IS LIVING SOMEBODY IN THEIR HOME AND PUT THEM IN THE POUND FOR TEN DAYS AND EXPECT A GOOD STORY TO ENDS. SO I WOULD ASK THAT YOU LOOK AT HOW TO ADDRESS A22.

I UNDERSTAND THE CITY ATTORNEY WANTING A22 IN THERE. I MEAN, IT IS ADOPTED IN MOST OF THE BIG CITIES. BUT IN VICTORIA, MY CONCERN IS HOW TO COMMUNICATE TO EVERYONE WHAT THE RESPONSIBILITIES AND I DO BELIEVE THAT THAT DETERMINATION OF A DANGEROUS DOG SHOULD NOT BE WITHIN THE REALM OF ANIMAL CONTROL OFFICER, BUT RATHER WITHIN THE REALM OF A MUNICIPAL COURT JUDGE, SECURE SIMPLE. IN CONJUNCTION WITH THAT, THERE ARE PROVISIONS THAT IF YOUR ANIMAL IS IMPACT, LATER IN IT, THAT IT CAN BE IMPOUNDED AT THE POUND OR AT A CERTIFIED VETERINARIAN, OR YOUR HOME. I WOULD ASK TO BE MANDATORY THAT ANYONE HAS THE RIGHT, IF THEY WANT TO PAY FOR IT, IF THERE IS A PROBLEM WITH AN ANIMAL THAT IS A PET TO HAVE IT IMPACTED AT A CERTIFIED VETERINARIAN CLINIC. IT IS HARD ENOUGH AS IT IS, BUT THESE KIDS ARE FAMILY TO US. AND I DON'T THINK THEY'RE GOING TO BE ASKING A LOT.

AND IT MAY ALLEVIATE A LOT OF ATTENTION THAT GOES ON WITH THIS ORDINANCE.

THE ONLY OTHER THING WHICH IS SMALL, IS WHEN YOU'RE DEFINING WILD ANIMALS AND YOU CAN'T FEED WILD ANIMALS. PLEASE UNDERSTAND THE WAY IT IS WRITTEN IT INCLUDES BIRDS, SQUIRRELS AND DUCKS. I THINK OUR FORMER MAYOR WILL ARMSTRONG WILL HAVE A PROBLEM WITH THE DUCK PART AND THE SQUIRMS. IF DISTURB SQUIRRELS.

IF WE COULD MAKE IT BROADER TO COVER THE CRITTERS AT THE PRACTICER AND THE ONE IN THE DOWNTOWN SQUARE SO THAT NO ONE GETS IN TROUBLE FOR DOING IT. BECAUSE WE'RE ALL GOING TO DO IT

[00:50:04]

AGAIN, I WANT TO COMMEND YOU ALL. SERIOUSLY THIS IS A TOUGH SUBJECT, IT REALLY IS. IT TOUCHES PEOPLE PURPOSELY AND THE CITY ATTORNEY HAS DONE AN INCREDIBLE JOB ON TAKING THE INPUT AND REFINING IT DOWN TO WHERE IT IS.

AND I'D OFFER ANY ASSISTANCE I COULD ADD. THANK YOU.

>> THANK YOU. SCA ALL RIGHT, SO WITH THAT WE'RE GOING CLOSE THE PUBLIC HEARING PORTION ON ITEM C1 AND WE CAN ENTERTAIN ANY MOTIONS PUT IT ON THE FLOOR.

>> MR. GWOSDZ, IF WE ENTERTAIN A MOTION, WOULD WE -- IF WE WANTED TO INCORPORATE SOME OF THOSE CHANGES THAT MR. CLIMBUS IS TALKING ABOUT WOULD THAT HAVE TO PUT B PUT INTO THE MOTION?

>> HERE IS WHAT I RECOMMEND MAYOR PRO-TEM SOLIZ IS THAT WE HAVE A MOTION AND SECOND JUST TO PUT THIS ITEM ON A FLOOR FOR DISCUSSION. HAVE A PRESENTATION TO GO OVER THE CHANGES THAT ARE MADE. I HAVE A SLATE OF AMENDMENTS THAT I'M GOING TO PROPOSE BASED ON CHANGES THAT WE'VE RECOGNIZED NEED TO BE MADE SINCE WE POSTED THIS ON-LINE FOR THE PUBLIC TO REVIEW. AFTER THAT, IF THERE ARE ADDITIONAL CHANGES THAT COUNCIL WOULD LIKE TO MAKE TONIGHT, I AM HAPPY TO TAKE THOSE DOWN. AND I WOULD BRING THOSE BACK TO YOU AT THE NEXT MEETING. FOR GIVE ME TIME TO REVIEW THOSE AND MAKE SURE THAT WE DON'T HAVE ANY UNINTENDED CONSEQUENCES BY CHANGING A SENTENCE HERE AND NOT REALIZING IT IMPACTS SOMETHING SOMEWHERE ELSE. LY BE SITTING DOWN WITH MR. CLIMUS TO GO OVER CHANGES.

I'M TAKING NOTES AND HAPPY TO REVIEW HISETTE CHANGES AS WELL. >> THAT IS WHY WE KEPT IT AS THREE READINGS INSTEAD OF COMBINING SECOND AND THIRD. IF WE GO THROUGH THIS TONIGHT AND WANT TO DO ANY AMENDMENTS THAT ARE PRINT WED CAN GET THOSE INCORPORATED AT THIS TIME AND LOOK AT AGAIN, EVERYBODY IN THE COMMUNITY CAN LOOK AT IT AGAIN, SCRUB IT AGAIN, MAKE ANY OTHER AMENDMENTS ON THE SECOND MEETING IF WE STILL NEED TO AT THE THIRD MEETING WITH CAN DO SO.

IT GIVES US A LOT OF TIME TO MAKE AMENDMENTS. WE WANT TO GET THIS RIGHT.

>> YES, SIR. >> I MOVE THAT WE ACCEPT ITEM C1.

>> I SECOND IT. >> GREAT. THANK YOU, MR. GWOSDZ.

>>> THANK YOU, MAYOR AND COUNCIL, I WILL TRY TO KEEP THIS BRIEF.

THIS IS A QUICK EVERVIEW OF THE CHANGES AND I'LL START WITH A QUICK TIMELINE TO REVIEW WHERE WE ARE. YOU'LL REMEMBER WE STARTED THIS PROCESS ON AUGUST 17TH BY BRINGING TO YOU PROPOSED REVISIONS TO THE CODE BASED ON SOME SUGGESTIONS FROM ANIMAL CONTROL DIVISION. OVER THE NEXT TWO WEEKS WE HAD TOWN HALL MEETINGS AND A COUNCIL WORKSHOP DISCUSSION TO GET ADDITIONAL FEEDBACK. AND I PUBLISHED THIS PROPOSAL THE SECOND PROPOSAL ON-LINE LAST WEEK SEPTEMBER 28TH. TONIGHT IS THE FIRST READING AS THE MAYOR SAID, AND A PUBLIC HEARING. WE INTENDS TO HAVE A SECOND PUBLIC READING, PUBLIC HEARING AND READING ON OCTOBER 19TH. AND A FINAL READING ON NOVEMBER TWOND. SO WE STILL HAVE A WAYS TO GO BEFORE WE GET TO THE ENDS OF THIS PATH. SOME GENERAL OVERVIEWS GENERAL HIGH POINTEDS OF THE CHANGES IN THIS DRAFT. FIRST, THIS DRAFT ELIMINATES THE CAP ON NUMBER OF PETS PER HOUSEHOLD. THAT PROPOSAL PROVED TO BE UNPOPULAR AND WE HAVE SIMPLY ELIMINATED ENTIRELY. SECOND, WE ARE ELIMINATING FEES FOR THE SURRENDER OF ANIMALS OR LITTERS. THAT WAS ALSO A PROPOSAL THAT OUR COMMUNITY WAS NOT ALIGNED WITH, AND THE FEEDBACK THAT I GOT FROM COUNCIL AT OUR SESSION A COUPLE OF WEEKS AGO WAS, THAT YOU DO NOT WANT TO IMPOSE THAT. AND SO WE ARE NOT GOING TO INCLUDE THAT IN THE ORDINANCES AS WELL. THIRD, WE'VE ELIMINATED A LARGE AMOUNT OF TEXT BASED ON TEXTS THAT WAS DUPLICATIVE OF STATE LAW, SOME OF THE FEEDBACK WE HEARD FROM CITIZENS WAS ASKING US TO CHANGE THINGS IN OUR CODE THAT WE COULDN'T, BECAUSE IT WAS IN STATE LAW.

AND THEN WE HAD OTHER CITIZENS ASKING US TO ADD OTHER PROVISIONS OF STATE LAW THAT WEREN'T IN OUR CODE, AND IT JUST QUICKLY BECAME CLEAR THAT THAT WAS NOT HELPFUL TO OUR COMMUNITY. SO WHAT YOU SEE IN THIS PROPOSAL IS ONLY VICTORIA'S LOCAL

REGULATIONS. >> NEXT WHAT I DID IS I WENT AND REORGANIZED THE ENTIRE CHAPTER IN ORDER TO ENHANCE ITS ABILITY FOR THE PUBLIC. UNDER THE OLD CHAPTER, YOU FOUND THINGS IN UNUSUAL PLACES. FOR EXAMPLE, ALL OF OUR LOCAL REGULATIONS FOR DANGEROUS DOGS WERE SNUCK ARTICLE ONE -- STUCK IN ARTICLE 1 AND YOU HAD TO CONTROL THROUGH THREE PAGES OF DEFINITIONS BEFORE YOU EVER FOUND THE SECTION THAT HAD TO DO WITH DANGEROUS DOGS.

AND SO WHAT I'VE TRIED TO DO IS CREATE EIGHT ARTICLES THAT CLEARLY IDENTIFY WHAT THIS

[00:55:02]

WE HAVE DANGEROUS DOGS, WHICH IS OUR LOCAL REGULATIONS THAT ENHANCE WHAT IS IN STATE LAW.

THE DANGEROUS DOG PROVISION, AS YOU KNOW IS ENTIRELY GOVERNED BY STATE LAW WHEN IT COMES TO DETERMINING WHETHER A DOG IS DEEMED A DANGEROUS DOG. BUT THEN STATE LAW SAYS WE CAN IMPLEMENT OUR OWN RULES. AND SO THIS ARTICLE INCLUDES SUCH THINGS AS WHAT TYPE OF SECURE ENCLOSURE DO YOU HAVE TO KEEP A DANGEROUS DOG IN. I'M SEEING SOME QUESTIONING LOOKS AROUND THE TABLE. IT MIGHT BE THAT YOU'RE WONDERING, I THOUGHT DANGEROUS DOGS HAD TOO BE PUT DOWN. THEY DON'T. WE KNOW OF AT LEAST -- I KNOW OF AT LEAST TWO DOGS IN TOWN THAT HAVE BEEN DEEM DANGEROUS DOGS AND THE OWNERS HAVE ELECTED TO KEEP THOSE DOGS. AND THEY ARE SUBJECT TO HIGHER RESTRICTIONS IN ORDER TO KEEP THE PUBLIC SAFE. BUT YOU CAN CHOOSE TO KEEP A DANGEROUS DOG ON YOUR PROPERTY IF YOU CHOOSE TO DO SO. THAT IS DIFFERENT FROM SERIOUS BODILY INJURY IF A DOG COMMITS SERIOUS BODILY INJURY AGAINST A PERSON, THEN THE JUDGE PUTS ORDERS THAT DOG TO BE PUT DOWN.

SO THERE ARE TWO DIFFERENT CLASSES, BOTH ARE GOVERNED BY STATE LAW.

IS THERE A QUESTION ABOUT THAT IN PARTICULAR, BEFORE I MOVE ON? I'M SEEING QUESTIONING LOOKS AROUND THE TABLE. OKAY. ARTICLE 5.

>> I DO HAVE ONE. >> OKAY I THINK ONE OF THE TOWN HALL MEETINGS SOMEONE ASKED A QUESTION ABOUT WHO DETERMINES IF A DOG ASK DANGEROUS. AND THEY WERE TOLD THE PEOPLE AT

ANIMAL CONTROL DETERMINE THAT. >> THANK YOU. THAT IS A GREAT QUESTION.

IN A DOG -- IF A DOG ATTACKS A PERSON -- I'M TRYING TO CHOOSE MY DESCRIPTION CAREFULLY.

IF THERE IS A SITUATION WHERE A DOG ATTACKS A PERSON THERE IS A GRAY THRESHOLD WHERE IF THAT INJURY IS BAD ENOUGH, THEN IT IS CONSIDERED SERIOUS BODILY INJURY AND GETS FILED AS THAT TYPE OF CRIME. IF THAT DOG ATTACKS A PERSON BUT THE INJURY IS NOT AS BAD, THAT CAN BE A DANGEROUS DOG CASE. SO CAN A SITUATION WHERE THE DOG THREATENS A PERSON BUT DOESN'T ACTUALLY INJURY THE PERSON. AND SO JUST LIKE IN A LOT OF AREAS OF THE LAW WHERE YOU HAVE JUST TO CHOOSE AN EXAMPLE OFF THE TOP OF MY HEAD, YOU HAVE HOMICIDE, YOU HAVE VARIOUS DIFFERENT DEGREES OF MURDER, ON TV THEY WILL CALL FIRST-DEGREE MURDER, SEC SECOND-DEGREE MURDER. YOU CAN THINK OF IT IN THE SAME WAY.

THE ANIMAL CONTROL OFFICER ON THE SCENE WILL MAKE A INITIAL DETERMINATION AS TO WHETHER THIS SHOULD BE CHARGED AS SERIOUS BODILY INJURY OR A DANGEROUS DOG.

AND THE MUNICIPAL PROSECUTOR HAS DISCRETION TO ELEVATE OR LOWER THAT AS THE CASE MAY BE, AS THE EVIDENCE PRESENTS SO IF FOR EXAMPLE, THE PROSECUTOR IS PRESENTED WITH A CASE WHERE, I DON'T KNOW WHERE A PERSON'S ARM WAS MANGLED AND REQUIRED STITCHES AND HOSPITALIZATION, THE PROSECUTOR MIGHT CHOOSE TO PROSECUTE THAT AS SERIOUS BODILY JEER EVEN IF THE ANIMAL CONTROL

OFFICER SUBMITTED THIS THAT AS DANGEROUS DOG. >>> FINAL DETERMINE CANDIDATE

SAYS BY THE PROSECUTE? SH -- PROSECUTOR? >> IT DOESN'T GO TO THE JUDGE

AFTER THE PROSECUTOR? >> THE PROSECUTOR IS GOING TO PROSECUTOR PROSECUTE THE CASE TO THE JUDGE AND JUDGE WILL MAKE A DECISION ABOUT WHETHER THAT DOG IS DEEMED AS A DANGEROUS DOG IF IT IS PRESENTED AS A DANGEROUS DOG CASE THOSE ARE TWO SEPARATE CASES.

THE JUDGE DOESN'T TYPICALLY SAY I'M GOING TO CHANGE THIS FROM DANGEROUS DOG TO SERIOUS BODILY

INJURY. >> AND DOG HELD AT A SECURED KENNEL LOCATION?

>> YES, SIR. >> AND THREE OPTIONS FOR THAT? >> YES, SIR.

IN THAT T CASE OF A DANGEROUS DOG, YOU'RE NOT TALKING ABOUT THAT DOG BEING IMPOUNDED AT ANIMAL CONTROL ALL RIGHT. THE SECTION MR. CLIMUS WAS REFERRING TO AS FAR AS IMPOUNDING AT VETERINARY OR AT HOME, I BELIEVE THAT HAS TO DO WITH RAINDY -- RAIN BYES AND I'LL TALK WITH HEM AND VERIFY TO ENSURE THAT IS CLEAR ON ALL SIDES.

[01:00:05]

>> NOT TO GET TOO FAR IN THE WEEDS IF IT IS IMPOUNDED FOR TEN DAYS AND FAILS TO MEET STANDARD FOR MUNICIPAL COURT JUDGE AND NOT DEEMED DANGEROUS DOG, THERE IS NO CHARGES THERE FOR THE

IMPOUNDMENT? >> THAT'S A GREAT QUESTION. WE HAVE ANIMAL CONTROL OFFICERS

HERE PERHAPS THEY WOULD BE ABLE TOS THAN QUESTION? >> THE QUESTION IS IF THE DOG IS IMPOUNDED FOR TEN DAYS IS THERE A CHARGE IF IT IS DEEMED NOT DANGEROUS.

>>> THE RABIES COMES AT THE RABIES QUARANTINE. IF IT BITES SOMEONE IT IMPOUNDED FOR THE RABIES QUARANTINE. THAT IS WHEN WE CAN MAKE THE DETERMINATION IF IT IS DANGEROUS OR NOT. SO IT IF IS BIT SOMEBODY AND DEEMED IT IS NOT DANGEROUS THEY HAVE TO PAY FOR THE QUARANTINE BECAUSE IT BITSH BUT THEY DON'T INCUR ANY OTHER FEES.

>> AND IS A BITE THE ONLY THING THAT WOULD PUT A DOG INTO RABIES QUARANTINE? THEY HAVE TO BITE SOMEONE? SO, SO BY STATE LAW IF A DOG OR CAT TYPICALLY, ANY MAMMAL THAT BITES HAS TO BE INVESTIGATED FOR RABIES. DOGS OR CATS IF THEY BITE, THEY ARE QUARANTINED FOR TEN DAYS AND A WHITE CONSISTS OF BREAKING THE SKIN.

IF A DOG NIPS AND DOESN'T BREAK THE SKIN AND LEAVES A WELT, IT IS NOT SUBMITTED FOR QUARANTINE FOR TEN DAYS, BUT IF IT DOES BREAK THE SKIN THE STATE SAYS WE HAVE TO SUBMIT IT OR QUARANTINE IT FOR 10 DAYS. THE CIRCUMSTANCES OF THE BITE ALSO GO TO WHETHER THEY CAN QUARANTINE IT AT THEIR HOUSE AND IT HAS TO BE IN NO VIOLATION OF ANY CITY ORDINANCE THAN AT THE TIME OF THE BITE TO ALLOW A HOME QUARANTINE OR THEY HAVE A CHOICE TO GO TO VET OR ANIMAL CONTROL WHEN I SAY THAT, IF IT WAS THAT LARGE AND OFF ITS PROPERTY WHEN IT BIT, THEN IT IT WOULD HAVE TO

GO TO VET, WOULD NOT BE ALLOWED IN A HOME QUARANTINE. >> THANK YOU.

>> THANK YOU, SCOTT. >> AS YOU CAN SEE THERE IS A LOT THAT GOES INTO THE

DETERMINATION, YES, MA'AM. >> BEFORE YOU MOVE ON I MADE A NOTE WHEN MR. CLIMUS SAID DANGEROUS DOG SHOULD BE DETERMINED BY JUDGE AND NOT ANIMAL CONTROL.

AND WHAT YOU JUST SAID IS THAT ANIMAL CONTROL MAKES THE INITIAL DETERMINATION OF WHICH TYPE OF CASE THEY'RE GOING TO SUBMIT BASICALLY WHICH TYPE OF DOG THEY'VE DEEMED IT TO BE.

AND SO I JUST WONDERED ABOUT A LITTLE BIT MORE DISCUSSION ABOUT THAT.

I DON'T KNOW IF IT IS IN THE LAW OR ANIMAL CONTROL. >>> UNDER STATE LAW THERE ARE TWO WAYS THAT A DOG CAN BE DEEMED DANGEROUS, THAT CAN BE A PROCESS THAT COMES TO THE MUNICIPAL COURT JUDGE AND/OR ANIMAL CONTROL CAN DEEM THAT DOG DANGEROUS, THAT SUNDAY STATE LAW

AND NOTHING WE CAN CHANGE ABOUT THAT. >> OKAY.

>> LET ME ADD THAT IF WE DO DETERMINE IT DANGEROUS WHOEVER OWNS THE DOG AND WE DETERMINE THAT IT IS A DANGEROUS DOG, THEY DO HAVE 15 DAYS TO APPEAL OUR DETERMINATION AND TAKE IT UP WITH THE JUDGE. AND THEN THE JUDGE WOULD HEAR THEIR CASE AT THAT TIME.

SO JUST BECAUSE WE DETERMINE THAT A DOG IS DANGEROUS, DOESN'T MEAN THAT IT IS 100% FINALLING

THEY STILL HAVE A RIGHT TO APPEAL TO THE JUDGE. >> SO MR. GWOSDZ WAS RIGHT ULTIMATELY A JUDGE DOES MAKE THAT DETERMINATION IN TERMS OF TIME IF NOTHING GELLS IF THEY DON APPEAL WITHIN THE 15 DAYS THEY HAVE A TOTAL, NOT -- THEY HAVE A TOTAL OF 30 DAYS TO GET INTO COMPLIANCE WITH THE DANGEROUS DOG REGULATIONS, 15 DAYS IS THEIR WINDOW TO APPEAL, BUT THAT ALSO COUNTS AS THEIR 30 DAYS, SO IF THEY DON APPEAL WITHIN THE 15 DAYS THEY ONLY

HAVE ESSENTIALLY 15 MORE DAYS TO GET INTO COMPLIANCE. >> THANK YOU.

ALL RIGHT, THIS SLIDE WAS INTENDED TO COVER THE REORGANIZATION OF THE CHAPTER.

RATHER THAN DIVING THAT DEEP. I'M HAPPY TO HAVE THIS DISCUSSION AND WE CAN DIVE OFF INTO THE WEEDS AT ANY POINT. I DO THINK IT IS IMPORTANT THAT COUNCIL HAVE AN OPPORTUNITY TO TALK ABOUT ANY TOPIC THAT YOU WANT TO DURING THIS PROCESS. AND I AM ABSOLUTELY HAPPY TO TAKE THINGS IN Y'ALL'S ORDER RATHER THAN MINE. SO MOVING ON, LET'S TALK ABOUT SOME OF THE SPECIFIC CHANGES. SO WITHIN ARTICLE 2, THERE IS A CHANGE THAT I RECOMMENDED TO YOU THAT IMPOUNDED ANIMALS BE HELD AT LEAST FIVE BUSINESS DAYS, OUR CURRENT CODE SAYS THREE WORKING DAYS. IN THE INITIAL PROPOSAL, I CHANGED THAT TO THREE CALENDAR DAYS, THAT WAS A MISTAKE ON MY PART. THE COMMUNITY LET ME KNOW THAT WAS NOT A GOOD IDEA. AND BASED ON COMMUNITY FEEDBACK, THEY WANTED LONGER THAN THREE WORKING DAYS. THEY WANTED -- IS SO MY RECOMMENDATION IS TO MAKE THAT FIVE BUSINESS DAYS. AND YOU CAN SEE THIS IN THE TEXT OF 4-23B, AND ANIMAL SHALL BE

[01:05:01]

NOW AT THE EFFECT OF THAT RECOMMENDATION, WILL TRICKLE DOWN TO ANIMAL CONTROL.

AND IT WILL IMPACT THEIR OPERATIONS AND DAVID GONZALEZ, PUBLIC HEALTH DIRECTOR HAS ASKED FOR AN OPPORTUNITY TO EXPLAIN TO YOU THE IMPACTS ON THEIR OPERATION TO MAKE AN INFORMED

DECISION ON LOREN YOU WANT TO ACCEPT MY RECOMMENDATION. >> THANK YOU, THOMAS.

>> GOOD EVENING, MAYOR, COUNCIL. I WANT TO TOUCH ON VERY BRIEFLY, I KNOW WITH HAVE A LOT OF INFORMATION TO GO OVERSH ESSENTIALLY WE'RE ANTICIPATING COULD CAUSE DELAYS IN RESPONSE FOR LOWER PRIORITY CALLS SUCH AS STRAY ANIMALS THAT ARE NOT AGGRESSIVE IN THE PUBLIC.

WHENEVER YOU INCREASE THE IMPOUNDMENT TIME UP TO FIVE DAYS IT WILL INCREASE A BACKLOG IN THE FACILITY ITSELF WHICH WILL THEN TURN TO US HAVING TO ESSENTIALLY OR POSSIBLY MIGRATE, MOST LIKELY MIGRATE TO A MANAGED INTAKE PROCESS THERE AT ANIMAL CONTROL, CURRENTLY AN OPEN INTAKE PROCESS WHERE IF WE GET A CALL, A CALL THERE IS A STRAY DOG WE GET THERE AS SOON AS WE CAN TO GET THAT DOG OR CAT OR ANY ANIMAL THAT WE DO KEEP OR FOLKS ARE DROPPING OFF ANIMALS AT A FACILITY WE'RE PRETTY OPEN ABOUT TAKING THOSE IN, WITH AN INCREASED HOLDING TIME OF FIVE DAYS IT WILL CREATE A BACKLOG OR QUITE A BIT OF A BACKLOG IN THE FACILITY DURING OUR BUSIER MONTHS AND BUSIER SEASONS, WHICH WILL IN TURN POSSIBLY CAUSE DELAYS IN RESPONSES TO THE PUBLIC'S CALLS FOR STRAY ANIMALS AND THOSE NONAGGRESSIVE CALLS, SOY JUST WANTED TO GO LAID AND POINT THAT OUT TO THE COUNCIL AND MAYOR THAT THERE COULD HAVE SOME UNINTENDED CONSEQUENCES ON THE BACKEND WHEREAS FOLKS MAY BE I GUESS AGGRAVATED IN THE TIME THAT THE RESPONSE TIME MAY HAVE TO WAIT DAYS OR WEEKS TO GET A CALL BEFORE WE GET AN OPENING IN THE SHELTER SO JUST CONCERN I

WANT TO BRING TO YOU ALL. >> BACKLOG BECAUSE OF THE LACK OF AVAILABLE KENNEL?

>> YES, SIR, YES, SIR. WE HAVE 18 KENNELS, I THINK RIGHT NOW.

SO ANY TIME YOU HAVE FIVE DAYS HOLDING PERIOD AND NOT THREE, IT IS GOING CREATE JUST, ESSENTIALLY IT IS GOING TO STOP UP, OBVIOUSLY WE HAVE GREAT SUPPORT, THE RESCUE GROUPS AND ORGANIZATIONS IN TOWN. THERE IS ONLY SO MUCH THEY CAN TAKE AS WELL.

THEY FILL UP AS WELL. AS WE DO, THAT IS DEFINITELY A CONCERN OF OURS.

>> DAVID, WOULD EXTENDED HOURS ON POSSIBLY ON A FRIDAY, YOU KNOW, IN INDICATION SOMEBODY CAN'T GO IN ON A MONDAY, IF THEY COULD JUST GET A LITTLE BIT OF EXTENSION, THAT MIGHT HELP AND

WE COULD KEEP THE THREE DAYS. >> SURE AND ONE THING WE'RE LOOKING AT ALSO, MAYOR PRO-TEM IS LOOKING AT ADDITIONAL HOURS AND WE'VE HAD THE DISCUSSION EXTENSIVELY, EXTENSIVE HOURS DURING THE WEEK DURING THE EVENING TIME AND AS WELL AS SATURDAY POSSIBLY TO ALLOW FOR RESCUES AND RECLAM MITIGATIONS OF ANIMALS IN THE FACILITY. WE'RE REVIEWING THOSE BUDGETARY CONCERNS IS AN ISSUE WHEN YOU HAVE INCREASED HOURS BUT WE'RE DEFINITELY ABSOLUTELY DISCUSSING

THAT AND REVIEWING THOSE POSSIBILITIES. >> SO DO Y'ALL HAVE TEMPORARY

KENNEL? >> IF THAT SHOULD HAPPEN? >> AS FAR AS OVERFLOW GOES, I'M NOT SURE THERE IS REALLY NO OVERFLOW CAPACITY, WE HAVE KEEPING THEM IN HUMANE CONDITIONS IS THE PRIMARY GOAL. WE'RE NOT, LOADING THEM UP ALL IN ONE AND KENNELS COMBINING ONES THAT COULD POSSIBLY BE AN ISSUE OF HEALTH ISSUE OR HUMANE ISSUE REALLY DON'T HAVE A LOT OF

OVERFLOW SPACE. >>> EXPLAIN HOW THAT HAS AN EFFECT ONE MORE TIME ON YOUR

RESPONSE TIME TO A COMPLAINT OR AN ISSUE. >>> SO ESSENTIALLY WHAT THE LONGER TIME WE HAVE TO HOLD ANIMALS THE LESS INTAKE WE'RE GOING BE ABLE TO HAVE, LESS ROOM WE'RE GOING BE ABLE TO HAVE. WE'RE NOT ABLE TO PROCESS THEM OUT AS QUICKLY AS WE WERE BEFORE. IT IS SOMETHING WE'LL WORK WITH. IT IS A PROCESS OF CHANGING OUR PROCEDURES, MOVING TO FROM AN OPEN INTAKE TO A MANAGED INTAKE, MANAGED INTAKE IS NOT DIFFERENT THAN A LOT OF CITIES, A LOT OF CITIES DO MANAGE INTAKES BUT IT CAUSES DELAYS IN GOING AND PICKING UP ANIMALS ABLE TO ACCEPT THOSE THAT WILL BE INTRIEWGHT THE FACILITY.

>> SO SHOULD WE PASS THIS FIVE-BUSINESS DAY REQUIREMENT? WILL THERE BAGE EFFORT TO ADD

MORE KENNEL? >> THAT IS A GREATER DISCUSSION THAT IS ADDING MORE KENNELS WILL BE A DOESN'T U BUDGET DOES THAT IS DETERMINED BY MY BOSSES AT THE COMMISSIONER'S COURT.

THAT IS A FACILITY ADDITION. THAT IS A LARGE PROJECT I COULDN'T OBVIOUSLY COMMIT

OURSELVES TO. >> DAVID, FOR THE PUBLIC TO KNOW WHY YOU'RE STRESSING OVER THIS, HOW MANY EMPLOYEES DO YOU ALL HAVE SO THAT WAY THEY ONLY HAVE TWO PEOPLE BECAUSE I'VE ONLY

[01:10:02]

ANIMALS, YOU KNOW. >> TRUE. AND OBVIOUSLY STAFF IS LIMITED.

I THINK RIGHT NOW WE HAVE 10? FULL TILY STAFFED IS 10 RIGHT NOW.

UNFORTUNATELY THERE ARE SITUATIONS WERE THERE IS STAFF OUT ON MEDICAL LEAVE AND CURRENTLY SITUATION WE'RE IN NOW, AND THINGS THAT CAUSES DELETE S US TO BE SHORTHANDED BUT AGAIN, WE WORK HARD AND WORK AS HARD AS THEY CAN TO ADDRESS ALL THE CALLS IN A TIMELY MANNER, THERE IS NOT ALL 10 EMPLOYEES OUT ANSWERING CALLS. THERE ARE SHELTER TECHS, AT THE FACILITY, YOU KNOW, THEY'RE SUPERVISORS THERE AND CLERICAL STAFF.

RIGHT NOW I THINK WITH ALL THE SITUATION WE'RE IN I THINK WE ONLY HAVE TWO PERSONNEL THAT CAN

RESPOND. >> GO OUT AND PICK UP THE DOGS OR CATS.

>> SO IF WE'RE TALKING ABOUT WHAT IT IS RIGHT NOW AT THREE BUSINESS DAYS, IF AN ANIMAL GOT PICKED UP LATE WEDNESDAY AFTERNOON BEFORE THANKSGIVING, THE FIRST DAY WOULD BE FRIDAY,

NEXT DAY WOULD BE MONDAY SO IT WOULD BE TUESDAY, RIGHT? >> WELL, FOR THAT EXAMPLE WOULD BE WEDNESDAY BECAUSE FRIDAY IS A COUNTY HOLIDAY. WELL, MOANED, TUESDAY, WEDNESDAY

WOULD BE THREE DAYS. >> IS THERE -- DO YOU HAVE ANY FEEL IF THE ANIMALS ARE USUALLY PICKED UP WITHIN THE FIRST TWO DAYS OR SCRATCHING THE SURFACE AT THE VERY EDGE OF THE THIRD DAY? YOU KNOW, FIVE DAYS REALLY IS NECESSARY INCREASE?

>> BEST TO LET THE EXPERTS ANSWER THAT QUESTION. >> RIGHT NOW WITH THE THREE DAYS THAT WE DO HOLD THE ANIMALS WE'RE LOOKING AT AN AVERAGE LENGTH OF STAY FOR ANY ANIMAL IN OUR FACILITY TO BE ANYWHERE 5 TO 6 DAYS. THAT IS THEIR ENTIRE STAY WITH US THAT WILL INCLUDE WEEKENDS AND SOME ANIMALS THAT STAY A LITTLE LONGER LONGER AND SOME TE GONE A LITTLE SOONER REALLY S IT IS KIND OF A TOSSUP. WE HAVE THE GOOD OWNERS WHO ARE THERE THE DAY, THE MINUTE THOSE ANIMALS ARE GONE THEY'RE THERE TO PICK UP.

AGAINS WE HAVE ANIMALS NEVER PICKED UP. OWNERS DON'T COME LOOK AND WE'RE HOLDING THEM. ONE OF OUR CONCERNS I BROUGHT UP TO DAVID WITH THE FIVE DAYS, WE ALSO BY EXTENDING THAT FIVE DAYS, WE ALSO PUSH BACK THE TIME IN WHICH A RESCUE CAN START TO PULL THAT ANIMAL. SO MOST OF OUR RESCUES WE WORK WITH WON'T EVEN LOOK AT THE ANIMAL UNTIL STRAY HOLD PERIOD IS UP. THEY WON'T START LOOKING AT THESE ANIMALS UNTIL THE FIFTH DAY. YOU'RE LOOKING AT UPWARDS OF 10-DAY HOLD FOR THESE ANIMALS TO BE IN THE FILL, EVEN IF WE'RE SENDING THEM OUT TO A RESCUE, SO THAT IS WHERE THAT BACKLOG COMES IN. WE'RE JUST HOLDING LONGER.

AND AGAIN, WE'RE WILLING TO DO WHAT WE CAN TO ACCOMMODATE THAT TO THE BEST OF OUR ABILITIES.

>> ARE THERE TIMES NOW, I THINK YOU SAID THERE ARE 18 KENNELS, ARE THERE TIMES NOW WHERE THOSE

KENNELS ARE COMPLETELY FULL? >> YES. >> AND WHAT DO YOU DO WITH DOGS

THAT ARE TEAN ANIMALS TAKEN IN WHEN 18 KENNELS ARE FULL NOW? >> RIGHT NOW WHEN 18 KENNELS ARE FULL, WE DO HAVE THE ABILITY, BECAUSE THESE ARE INSIDE/OUTSIDE RUNS, THEY DO HAVE AGY TEEN DOOR THAT SEPARATES THEM. YOU CAN SPLIT THEM. WE DON'T LIKE TO SPLIT THEM BECAUSE THE CLEANING PROCESS FOR THAT IF AN ANIMAL IS IN THE KENNEL IT HAS TO BE REMOVED TO BE CLEANED AND PUT BACK. THERE IS NOT A LOT OF ROOM TO WORK WITH THEM.

THAT IS WHERE YOU FIND A LOT OF THAT, UNFORTUNATE TIME AND SPACE EUTHANASIA HAPPENING.

YOU HAVE TO TAKE THE ANIMAL BEEN THERE FIVE DAYS AND MAKE A DECISION TO EUTHANIZE THAT ANIMAL TO BRING IN THE NEXT ANIMAL TO BE HELD FOR ITS THREE DAYS.

AND SO WE HAVE TO MAKE THOSE TOUGH DECISIONS AS TO WHICH ANIMAL DOS WE MOOSE IS WHICH ONES DON'T. IT IS A LOT OF PICK AND CHOOSE. AGGRESSIVE, ANYTHING THAT SHOWS ANY KIND OF AGGRESSIVE TENDENCIES TOWARDS US, UNHEALTHY ANIMALS, OLD ANIMALS THOSE WILL BE THE FIRST TO GO. AND THEN UNFORTUNATELY, THE OWNER-SURRENDERS WHICH IS WHY WE TRY TO KEEP PEOPLE FROM SURRENDERING US TO AS SOON AS POSSIBLE BECAUSE THEY'RE OUR PROPERTY THOSE UNFORTUNATELY HAVE TO BE DONE FIRST. IT IS A SPACE ISSUE.

THAT IS WHERE WE COME TO THE MANAGED INTAKE OF OWNERS WANTING TO SURE REASONEDDER WILL IS A V TO BE SCHEDULED DATE AND TIME TO COME IN AND SURE REASONEDDER AND TRYING TO KEEP SOME OF THOSE

ANIMALS AT HOME BY COUNCILLING AND STUFF OF THAT NATURE. >> THIS OBVIOUSLY IS A SENSITIVE

SUBJECT AND YOU'RE HANDLING IT VERY WELL. >> I TRY, I'VE BEEN DOING IT FOR A LITTLE WHILE NOW BUT DEFINITELY IS A HARD JOB ON A DAY-TO-DAY BASIS.

>> AND PEOPLE LOVE YOU AND SOME PEOPLE HATE YOU. >> YES, SIR?

>> DO YOU RECALL THE STATS FROM THE SURVEYS IN THAT REGARD TO THIS PARTICULAR QUESTION?

[01:15:02]

>> FIVE BUSINESS DAYS WAS THE MOST FREQUENT ANSWER. >> THE STATS PER THE PUBLIC

SURVEYS WHERE 66%, 70% VOTED FOR IO GAVE A COUPLE OF OPTIONS. >> I JUST WANT TO KNOW WHAT THE PUBLIC SENTIMENT WAS IN REGARDS TO THIS PARTICULAR ONE AS THEY ARE.

THE COUNTY CITIZENS INPUT AS WELL. >> ABSOLUTELY COUNCIL DOES NOT NEED TO MAKE A DECISION ON THIS RECOMMENDATION TONIGHT. I'M THEME SHARE THAT INFORMATION WITH YOU AS WELL. IT IS ALREADY ON THE CITY WEBSITE WITH THE RESULTS OF THE SURVEY. AND SO I'M HAPPY TO GET THAT OUT AND LOOK BACK AT THAT AND HAVE THIS DISCUSSION AT THE NEXT MEET SO EVERYONE HAS A CHANCE TO DIE JUST RAMIFICATIONS OF THIS

RECOMMENDATION. ALL RIGHT. >> WHAT IS YOUR WHAT I'M HEARING IS MAYBE THIS IS A GREAT OPPORTUNITY FOR CITIZENS TO CONTACT COMMISSIONER'S COURT FOR AN EXPANSION TO ACCOMMODATE THIS FIVE DAYS -- YOU DON'T HAVE TO COMMENT.

>> I WASN'T READY. >> I DIDN'T SAY IT, YOU DID. MOVING ONTO THE NEXT COMMENT, THE NEXT CHANGE TO THE ORDINANCE. WE HEARD FROM A LOT OF FEEDBACK THAT SAID THAT WE SHOULD BE FOCUSING THE PUNISHMENT ON THE PET OWNER, NOT THE PET, PUNISH THE PERSON, NOT THE DOG. AND THAT THE CODE SHOULD BE SET UP TO ENFORCE STRONGLY AGAINST REPEAT OFFENDER, BECAUSE ANYONE COULD HAVE AN INCIDENTAL ISSUE BUT IT IS THE REPEAT OFFENDERS WE NEED TO TARGET. WE ALREADY HAD A SECTION IN OUR CODE CALLED IRRESPONSIBLE PET OWNER AND CREATED A SECOND AT THE OFFENSE CALLED IRRESPONSIBLE PET OWNER.

TO MY JONG WE HAVE NEVER USED THAT SECTION, IT SIMPLY WAS NOT SOMETHING THAT WAS PALATABLE TO EITHER ANIMAL CONTROL OR PROSECUTE OR THE JUDGE. I'M NOT SURE EXACTLY WHY.

BUT IN THIS DRAFT WHAT I'VE DONE IS ELIMINATED THE SEPARATE CRIMINAL OFFENSE AND INSTEAD RECONSTRUCTED THIS SECTION TO BE AN ES SCALATION SO IF YOU HAVE MULTIPLE OFFENSES WITHIN ONE YEAR, THEN THE PENALTIES ARE MAXIMIZED. IT IS A MAXIMUM FINE AVAILABLE IF YOU'RE CONVICTED AT A TIME WHEN THE OFFENSE TAKES PLACE LESS THAN A YEAR AFTER THE LAST TIME YOU WERE CONVICTED. SO IT IS INTENDED TO BE AN ESCALATION AND I GUESS THAT'S

ALL I HAVE TO SAY ABOUT THAT. >> ALL RIGHT, MOVING ON. THERE IS A SECTION IN THE CODE 4-35 THAT IS DESIGNED TO PROHIBIT EXCESSIVE RESTRAINTS OF DOGS.

THERE WERE A LOT OF COMMENTS ABOUT TYING DOGS OUT TO TREES AND THAT IS WHAT THIS IS INTENDED TO ADDRESS. AS I SAID BEFORE, STATE LAW AND THERE WAS A PROVIDED BY THE IT IS A LEGISLATETURE IN THE REG LAR SESSION THAT WOULD HAVE TIGHTENED UP THE RESTRAINT.

WE INCLUDED THAT AS PART OF THE CODE AS A PROCESS OF INCLUDING MANY OF THE STATE LAWS IN OUR LOCAL CODE AND THEN THE GOVERNOR VETOED IT. ANIMAL CONTROL ASKED US TO KEEP IT IN INITIALLY AND IT WAS INCLUDED IN THE PROPOSAL THAT WAS BROUGHT TO YOU AT THE BEGINNING OF AUGUST. SINCE THAT TIME, THE GOVERNOR HAS ASKED FOR THE LEGISLATURE TO BRING THAT BACK TO HIM. THAT IS NOW SENATE BILL 5. IT HAS PASSED THE SENATE AND BEING CONSIDERED BY THE HOUSE. I DON'T KNOW WHETHER IT WILL BE ADOPTED BY THE STATE LEGISLATETURE AND BECOME STATE LAW. BUT OUR COMMUNITY SPOKE OFTEN ABOUT THE NEED TO STATE WHETHER DOGS TIED OUT TO TREES DOGS TIED DOWN IN INHUMANE WAYS.

WE'VE INCORPORATED THE LANGUAGE INTO OUR LOCAL CODE AND IF THAT PASSES AND BECOMES STATE LAW I WILL BRING AN AMENDMENT, BUT IN THE MEANTIME, SINCE IT IS NOT YET STATE LAW, IT IS MY

RECOMMENDATION TO INCLUED IT. >> THERE WAS A DISCUSSION ABOUT FOWL AND CHICKENS.

AND SO IN THIS DRAFT, THE RECOMMENDATION IS THAT FOWL PENS BE RELOCATED OUT OF FRONT YARDS.

I WAS ABOUT TO SAY TO THE BACKYARD. WE HAVE A DISCUSSION ABOUT THAT AT THE WORKSHOP AND THE LANGUAGE WE SETTLED ON IS FOWL COOPS WOULD BE IN A LOCATION NOT VIS FRILL A PUBLIC STREET. AND SO THE IDEA IS TO RELOCATE THE FOWL TO GENERALLY THE BACKYARD. WE HAVE SECTIONS OF OUR TOWN THAT NEIGHBORHOODS ARE NOT

[01:20:02]

THE LANGUAGE WE HEARD, AS LONG AS YOU'RE TAKING CARE OF YOUR CHICKENS YOU SHOULD BE ABLE TO TAKE CARE OF YOUR CHICKENS. MUST BE CEMENT SANITARY TO PREVENT OFFENSIVE ODORS.

>> WANT TO TALK A LITTLE BIT MORE ABOUT NOT VIS FRILL A PUBLIC STREET.

BECAUSE JUST NOW YOU SAID, COULD BE IN THE BACKYARD NOT VISIBLE. I THINK I WAS KIND OF ENVISIONING POSSIBLABLY THE AREA BEING FENCED AS ANOTHER WAY TO DO THAT, BUT I THINK I RECEIVED ONE COMMENT FROM A CITIZEN THAT NOT ALL FENCES ARE CREATED EQUAL.

AND THE FEAR THAT NOT VISIBLE FROM A PUBLIC STREET COULD TURN INTO SOME PLYWOOD SHEETS LAID AGAINST THE COOP OR SOMETHING LIKE THAT, HOW DO WE REGULATE WHAT WE CONSIDER PRETTY WHEN EVERYBODY HAS DIFFERENT IDEAS ABOUT THAT? CAN WE PUT A REQUIREMENT OF IT BEING BEHIND A PRIVACY FENCE? IS THAT SOMETHING OTHER FOLKS THINK ABOUT?

I'M JUST KIND OF THROWING THAT OUT THERE. >> WE DO HAVE STANDARDS FOR

FENCE. >> THE CODE WE USE IS SCREENING FENCE.

YOU MAY HAVE A FENCE THAT IS OBSTRUCKING VIEW. AND IF THAT IS THE DIRECTION THAT COUNCIL WOULD LIKE TO GO, I'M THEME SIT DOWN WITH OUR DEVELOPMENT SERVICES DEPARTMENT REVIEW THOSE SECTIONS OF CODE THAT DEAL WITH SCREENING FENCES AND PRIVACY FENCES AND DRAW SOME LANGUAGE FROM THAT THAT WOULD BE CONSISTENT WITH OTHER AREAS OF OUR CODE.

>>> TO BE CLEAR WE DO NOT CURRENTLY HAVE A FENCE PERMIT. SOME COMMUNITIES HAVE FENCE PERMITS AND THROUGH THAT PROCESS, STIPULATE A BUNCH OF STUFF, WE DON'T HAVE THAT.

>> SOMETHING WE MAY NEED TO JUST CONSIDER WHAT IT WOULD LOOK LIKE.

>> IZ THINK IT IS BECAUSE, YOU KNOW, I CAN SEE THROWING A TARP OVER IT AND SAYING IT IS NOT

VISIBLE. >> I'M MAKING A NOTE TO BRING THAT BACK FOR DISCUSSION AT THE

NEXT MEETING. >> I HAVE A QUESTION ON 2A THERE NO CLOSER THAN 25 FEET TO THE

NEAREST INHABITED DWELLING. >> YES, SIR. >> IS THAT THE DWELLING THE OWNER'S DWELLING? YOU HAVE TO BE 25 FEET AWAY FROM IT?

OTHER THAN THE OWNER OF SUCH. >> YES, SIR, THAT MEANS SOMEONE ELSE'S HOUSE, NOT YOUR HOUSE.

>>> I MISSED THAT. I GOT STUCK ON INHABITANT. >> ITEM D THERE, WE TALKED ABOUT HEALTH HAZARDS OR OFFENSIVE ODOR, I KNOW WE TALKED BEFORE ABOUT NOISE ISSUES.

DOES THAT NEED TO BE INCORPORATED INTO THIS? IS THAT HANDLED SEPARATELY?

>> I'M GOING TO MAKE NOTE TO BRING THAT ONE BACK AS WELL. I HAVE SAID BEFORE THAT WE HAVE A NOISE ORDINANCE ON THE BOOKS AND WE COULD USE THAT LET'S HAVE A DISCUSSION ABOUT WHAT OUR NOISE ORDINANCE SAYS AND WHETHER OR NOT THAT IS SUFFICIENT TO MEET THE CONCERNS THAT YOU HAVE.

>> OKAY. ALREADY, MOVING ON. >>> DO KEEP IN MIND THAT SOME OF THESE SITUATIONS SHOULD BE CONTROLLED BY THE DEED RESTRICTIONS IN SUBDIVISIONS.

THERE ARE SOME PLACES WHERE THERE ARE FOUL NOT IN A RESTRICTED AREA, BUT, YOU KNOW, THE CITIZENS THE RESIDENTS IN THAT SUBDIVISION HAVE THE RESTRICTIONS IT IS A PRIVATE CIVIL MATTER FOR THEM TO ENFORCE, BUT I DON'T THINK THAT WE SHOULD BE IN THE BUSINESS OF TRYING TO REGULATE SO THAT THEY DON'T TAKE ADVANTAGE OF SOMETHING ELSE THAT IS THERE FOR

THEM. >> THANK YOU JRKS I THINK MOST HOAS OR THE DEED RESTRICTIONS HAVE BEEN VIOLENTED -- VIOLATED SOME MANY TIMES IN A NEIGHBORHOOD THAT THEY WOULD NOT WITHSTAND ANY COURT TEST AND THAT BECOMES THE ISSUES THAT IT IS JUST, THE HOA NEVER DEVELOPED AFTER THE DEVELOPER LEFT OR TOOK CONTROL AND DEED RESTRICTIONS ARE NOT VALID.

>> ALL RIGHT, THE NEXT COMMENT, THE NEXT CHANGE IS REALLY JUST AN OVERVIEW OF MINOR CHANGES

[01:25:04]

IT WAS POINTED OUT TO US THE SECTION IN ANIMAL STANDARDS FOR ANIMAL CARE THAT TALKS ABOUT BURNING OR MAIMING ANIMALS MIGHT BE USED TO TRY TO SAY YOU CAN'T BRAND CATTLE AND WE CERTAINLY DON'T WANT TO DO THAT. WE RECOGNIZE THERE ARE CATTLE RAISED WITHIN THE CITY LIMITS AND REITED AN EXCEPTION FOR TRADITIONAL RANCHING PROCESS AND THAT WOULD ALSO INCLUDE DEHORNING AS WELL. FINALLY, WE HAVE A NOTIFICATION PROVISION IN THERE FOR STRIKING AN ANIMAL. THERE WAS A LOT OF CONCERN ABOUT LANGUAGE THAT WAS IN OUR PREVIOUSLY EXISTING CODE THAT SAID, AN OWNER, IF YOU STRIKE AN ANIMAL ON THE ROADWAY, YOU HAVE TO GO OUT IN THE ROADWAY TO REMOVE THE ANIMAL AND CHECK ON IT AND RENDER AID IF NECESSARY.

WE HAVE ELIMINATED THAT SO THAT NOW THE PLACE ONLY IS TO NOTIFY THE OWNER IF KNOWN OR NOTIFY ANIMAL CONTROL THAT'S IT FOR THE CHANGES IN WHAT WAS PROPOSED TO THE COMMUNITY.

THERE ARE, HOWEVER, FOUR MORE SLIDES IN THE COMMUNITY. THERE IS A SLATE OF AMENDMENTS THAT I WOULD LIKE FOR COUNCIL TO CONSIDER TONIGHT. THEY ARE VERY SHORT, THEY ARE NONSUBSTANTIVE, BUT SINCE THE TIME THAT I POSTED THIS DRAFT TO THE PUBLIC, THERE HAVE BEEN THINGS THAT HAVE COME UP AND WE REALIZED THAT CLARIFICATIONS WOULD BE NEED IMPROVEMENTS.

I HAVE THESE BEFORE YOU AS A SLATE OF CHANGES ON YOUR DESKS AND I'M JUST GOING TO RUN THROUGH THEM VERY QUICKLY IN SECTION 4-22 WE WOULD LIKE THE REMOVE THE LAST PHRASE.

THIS SECTION STATES THAT ANIMAL SHELTERS, THE VICTORIA COUNTY ANIMAL SEATTLER SHALL BE USE FORD THE. AND THEN GOES ONTO SAY, AND OTHER RELATIONS THAT COUNTY MIGHT SET OUT. AND SO AISLES, I THINK I HAVE THE WRONG LANGUAGE STUCK OUT.

THERE LET ME COME BACK TO THAT ONE, I APOLOGIZE FOR THAT SECTION 4 DASH 23, IN SECTION 4-23 WE'RE GOING TO CHANGE CITY TO CURRENTTY -- COUNTY. THE REASON HERE IS BECAUSE AFTER THE HOLDING PERIOD, THE OWNERSHIP OF THE DOG NEEDS TO TRANSFER.

WE HAD IT ORIGINALLY AS CITY BECAUSE THESE ARE CITY REGULATIONS, BUT IT WAS SOMETHING BROUGHT UP, WOULDN'T IT MAKE MORE SENSE IF THAT WAS ACTUALLY THE COUNTY THAT HAS OWNERSHIP OF THE ANIMAL, JUST AS THEY DO UNDER STATE REGULATIONS, JUST FOR CLARIFITY -- CLARITY.

AND THEN 433, THAT IS SIMPLY A TYPO, I LEFT OUT TWO WORDS, SHALL BE A FINE, IT SAID SHALL FINE IN AN AMOUNT. AND 4-50, WE NOTICED THE WORD VOCATION WAS USED.

I'M NOT SURE WHY THAT WORD HAS BEEN IN OUR CODE. IF WE STRIKE THE WORD VOCATIONAL SCHOOL AND JUST NOW SAY ANY SCHOOL ENDED TO CAPTURE THE VISD LIVE STOCK BARN SHOULD THEY KEEP

ONE UP AND RUNING. >> I HAVE ANOTHER QUESTION FROM THAT SECTION.

>> YES, MA'AM, THE VERSION, ONE OF THE VERSIONS THAT I FOUND 450 SAID -- THIS IS ENTITLED MALE GOATS, SWINE PROHIBITED. I DON'T KNOW MUCH ABOUT GET TOES, BUT THE VERSION BEFORE SAID SHALL MAINTAIN MALE GOATS WITHIN THE CITY AND YOU'VE REMOVED MALE GOATS COMPLETELY

EXCEPT IN THE TITLE. >> IT APPEARS THAT WAY BASED ON WHAT IS ON THE SLIDE AHEAD OF YOU. THAT IS AN AUTO CORRECT ERROR, THE TEXT ON THERE IS SECTION B AND THAT IS NOT INTENDED TO BE A CHANGE. THAT IS SOMETHING MICROSOFT WORD

CORRECTED FOR ME WHEN I WAS TRYING TO FIT IT ONTO THE SLIDE. >> I DON'T WANT YOU TO THINK I HAD THIS MEMORIZED BUT I WAS INTRIGUED WITH THE GOATS AND READINGUCT IT EARLIER AND THEN I

NOTICE THEY'D WERE MISSING. >> I'M IMPRESSED BY YOUR MEMORY AND INTEREST IN GOATS.

[01:30:04]

>> I HAD A QUESTION. >> ONCE WE FINALIZE THIS ANIMAL CODE, DOES IT AFFECT THE ETJ?

>> NO, SIR. THESE REGULATIONS WOULD ONLY BE EFFECTIVE IN THE CITY LIMITS.

>> ANY FURTHER QUESTIONS FOR MR. GWOSDZ. WE DO HAVE A MOTION AND SECOND

ON THE TABLE, DOES ANYONE CARE TO MAKE ANY MOTION TO AMEND. >>> MAKE A MOTION TO AMEND AS

WRITTEN. >> I WOULD ASK THAT MOTION TO AMEND INCLUDE ONLY THE SECOND, THIRD AND FOURTH OF THOSE CHANGES. I DID NOT DO A GREAT JOB EX PLAINING THE FIRST ONE AND I WOULD LIKE A CHANCE TO DO THAT AGAIN AT THE NEXT -- I'LL BRING THAT ONE BACK AT THE NEXT MEETING. I THINK MY POWER POINT SLIDE DIDN'T MATCH WHAT IS IN FRONT OF YOU AND I WOULD LIKE THE PUBLIC TO CLEARLY UNDERSTAND WHAT IT IS

THAT WE'RE CONSIDERING. >> WITH THE EXCEPTION. >> I'LL SECOND HIS MOTION AND THEN I WANDER IF WE CAN LATER COME BACK WITH A LITTLE BIT OF DISCUSSION ON THIS OTHER ONE

JUST SO WE CAN GET IT COMPLETED. >> I THINK WE CAN DO THAT TONIGHT.

I DON'T THINK THAT IS AN ISSUE. BURE FIRST MOTION TO AMEND. >> IS FOR.

>> GO AHEAD AND TAKE CARE OF THAT, A FIRST AND SECOND, IS THERE ANY FURTHER DISCUSSION ABOUT THOSE THREE ITEMS, THE 423E, 433A, B, C AND 450 MALE GOAT SWINE B.

>> 423 IS E. >> YES, IT IS E, ANOTHER ALL TOW-CORRECT ISSUE.

>> THANK YOU. >> AND 450 WITH B. >> B.

>> CORRECT. >> THANK YOU, MAYOR FOR CATCHING ALL OF THAT.

>> SURE. >> ALL RIGHT, ALL THOSE IN FAVOR AAYE.

>>> THOSE OPPOSE SAME SIGN, AMENDMENT CARRIES. >> LET'S TAKE A LOOK AT 422 SO

422. >> ARE YOU THINKING. >> IT IS THE FIRST ONE SHOULD BE

CROSSED OUT AND NOT THE SECOND ONE. >> PARAGRAPH B WHAT IS ON THE SCREEN IN FRONT OF YOU, THE LANGUAGE THAT IS STRUCK OUT IS THE WRONG LANGUAGE TO BE STRUCK OUT. AS PROPOSED, WHAT IS CURRENTLY IN THE PROPOSAL, THAT SENTENCE SAY STARTING AT THE BEGINNING, VICTORIA COUNTY ANIMAL SHELTER SHALL BE USED RUNNING AT LARGE WITHIN VICTORIA CITY LIMITS AND OTHER PROVIDED BY THE PROVISIONS OF THIS CHAPTER AND FOR SUCH OTHER PURPOSES AS MAY BE PREPRI PRESCRIBED BY VICTORIA COUNTY. AND THAT LAST CLAUSE IS IN MY MIND TRYING TO TELL THE ANIMAL CONTROL SHELTER THEY NEED TO FOLLOW THE RULES OF THE COUNTY.

AND I THINK THAT IS PROBABLY NOT OUR PLACE TO TELL THEM THEY NEED TO FOLLOW THE COUNTY RULES.

I RECOMMENDED STRIKING THAT LANGUAGE. WHAT IS ON THE SLIDE HERE IS

FURTHERLY INACCURATE. >>> WHAT I THINK IS ON THE SLATE THAT YOU GAVE US IS INACCURATE.

>>> YES, SIR. >> I'M JUST MAKING SURE. >> AND IT IS THAT CONFUSION BETWEEN WHAT THE PUBLIC IS SEEING OVER YOUR HOW OLDER AND WHAT IS ACTUALLY IN FRONT OF YOU. I WANT TO MAKE SURE THE PUBLIC HAS A CHANCE TO SEE THAT.

I'M HAPPY TO BRING THAT BACK AT A LATER MEETING IF Y'ALL WOULD LIKE.

>>> THAT MAKES SENSE. >> WE'LL TAKE CARE OF IT RIGHT NOW.

>>> HE'S AFRAID THE PUBLIC WON'T UNDERSTAND WHAT WE'RE STRIKING, WE COULD BREAD IT.

>> IN THE ALTERNATIVE, IF YOU WORD THE AMENDMENT PROPERLY. >> MAYOR, ONE OF MY RECOMMENDATIONS -- NOT RECOMMENDATION, WHAT I PLAN ON DOING AFTER THIS IS POST A NEW VERSION OF THIS ON-LINE, RIGHT BESIDES THIS ONE THAT SAYS AS AMENDED ON FIRST READING.

IF YOU CHOOSE TO GO LAID AND MAKE THIS AMENDMENT TONIGHT, IT WILL BE INCLUDED IN THERE AND THE PUBLIC CAN SEE IT THERE. I SUPPOSE THAT MAY BE SATISFACTORY.

>> AND SO, BASICALLY WHAT YOU'RE GOING BRING BACK TO US IS THAT THE PART THAT STRICKEN ON THE

SLIDE IN FRONT OF US WILL NOT BE STRICKEN IN YOUR PROPOSAL. >> CORRECT.

>> AND IT WILL READ EXACTLY. >> IT WILL READ THE WAY IT IS READ SHOWS UP THERE, YES.

>> I JUST NEED A MOTION TO AMEND IF Y'ALL WOULD LIKE TO CONTINUE WITH THAT TONIGHT.

>>> I'D LIKE TO CONTINUE. >>> SECOND. >> MOTION TO AMEND 422B TO STRIKE THE LAST PORTION OF THAT PARAGRAPH AND FOR SUCH OTHER PURPOSES AS MAYBE PRESCRIBED BY

VICTORIA COUNTY, PERIOD. >> SUCH THAT IT WOULD READ EXACTLY AS WE'RE LOOKING AT

INCLUDING WHAT IS STRUCK ON THE SLIDE. >> THERE YOU GO.

>> OKAY, GOT A MOTION AND SECOND. ANY FURTHER DISCUSSION?

>> ALL THOSE IN FAVOR SAY AYE. >>> AYE. >>> THOSE OPPOSE SAME SIGN.

>> MAYOR, I APPRECIATE COUNCIL'S DISCUSSION. AND IF I MAY TAKE 1 MORE SECOND ON A VERY LONG PRINTATION. I WANT TO CONCLUDED THE WAY I CONCLUDED THE SECOND TOWN HALL MEETING. I'M PROUD OF OUR COMMUNITY THIS IS AN EMOTIONAL ISSUE THAT BECAME MORE EMOTIONAL BECAUSE OF SOME EVENTS THAT HAPPENED IN BETWEEN THE TWO TOWN HALL

[01:35:05]

CONSIDERATION OF THOSE CHANGES. THANK YOU. >> I WOULD LIKE TO MAKE A COMMENT SOMEBODY TOLD ME, THAT THEY ADMIRED THE WAY WE HANDLED THIS ISSUE AND THAT THEY HOPE THAT WE CONTINUE TO DO TOWN HALL MEETINGS FOR ANYTHING THAT YOU KNOW, INVOLVES THE COMMUNITY.

FOR INSTANCE THE REDISTRICTING IF WE COULD HAVE TOWN HALL MEETING, I THINK THAT PEOPLE ARE

NOW GETTING INVOLVED AND I THINK IT WOULD BE A PLUS FOR THE CITY. >> I HEARD THAT COMMENT AS WELL.

I THINK IT IS. >> SO DID I. >> I APPRECIATE THE COMMUNITY INVOLVEMENT. I REALLY DO. MAKES OUR JOB EASIER.

AND IT IS HOW IT IS SUPPOSED TO WORK GOVERNMENT FOR THE PEOPLE BY THE PEOPLE.

SO APPRECIATE IT AND REALLY, YOU WERE RIGHT, GOOD, RESPECTFUL COMMENTS.

SO WE HAVE A DOUBLABLY AMENDED MOTION ON THE FLOOR. IF THERE IS NO FURTHER DISCUSSION, ALL THOSE IN FAVOR AAYE, THOSE OPPOSE SAME SIGN AND MOTION CARRIES.

[D. Consent Agenda:]

EXISTING NONCONFORMING DRIVEWAY. >> ITEM D3 IS A RESOLUTION APPROVING THE VARIANCE TO SECTION 21-92 FOR PROPERTIES LOCATED SOUTHWEST OF THE INTERSECTION OF OWEDEM STREET AND CALLIS STREET AND BEING PARTS OF TRACTS 1, 2 AND 6 OF FARM LOT 4, BLOCK 3, RANGE 3, EAST BELOW TOWN IN THE ORIGINAL 4 LEAGUE GRANT TO THE CITY OF VICTORIA FOR THE DEVELOPMENT OF A NEW MULTIFAMILY APARTMENT COMPLEX AND ITEM D4 IS A RESOLUTION APPROVING A VARIANCE TO SECTION 5-149 AND 5-152 FOR PROPERTIES LOCATED AT 8401 NORTH NAVARRO STREET, 8405 NORTH

NAVARRO STREET AND 108 PRIM ROSE STREET AND 702 BINGHAM ROAD. >> SO MOVE, SECOND.

>> MOTION AND A SECOND, ALL THOSE IN FAVOR SAY AYE. >>> SAME SIGN IF YOU OPPOSE.

[5. Approve the Fiscal Year 2022 Interlocal Agreement with the Golden Cres...]

>> ALL RIGHT. D5. >> ITEM D5 IS A RESOLUTION APPROVING THE FISSIAL YEAR 2022 INTERLOCAL AGREEMENT WITH THE GOLDEN RECENT REGIONAL PLANNING COMMISSION TO OPERATE VICTORIA PUBLIC TRANSKNIT AMOUNT OF $209,000.

>> SO MOVE. >> SECOND. >> MOTION AND SECOND.

>> GOOD EVENING, I HAVE A QUESTION ON THAT. THE $209 IS THAT MORE OR LESS

THAN YOU NORMALLY GOT. >> THAT HAS BEEN COUNCIL PERSON SOLIZ THAT HAS BEEN THE SAME AM

FOR LAST -- IF I'M NOT MISTAKEN, SIX YEARS. >>> SIX YEARS.

>> AND I WAS THINKING IT WAS 290, I THOUGHT MAYBE WE JUST -- IT IS 209, OKAY.

THAT WAS MY QUESTION. >> I BET SHE WOULD TAKE 290. >>> I WOULD.

>> WE MIGHT GET MORE STOPS SOUTHSIDE. >> IF I MAY I WOULD LIKE TO INVITE THE COUNCIL, YOU WILL BE GETTING AN INVITATION. WE ARE FINALLY IMPLEMENTING OUR PASSENGER WIFI ON OUR BUSES. SO WE'RE GOING HAVE AN EVENT ON THE LAST WEDNESDAY OF THE MONTH.

AND IT WILL JUST BE A SMALL EVENT. OUR BORDER OF DIRECTORS WILL BE INVOLVED AND WE'RE GOING SEND OUT AN INVITATION TO CITY COUNCIL, YOU'LL KNOW MORE ABOUT

THAT. >> IS THAT GRANT-FUNDED? >> YES, IT IS.

>> THANK YOU, THANK YOU. >> ALL THOSE -- ARE THERE ANY FURTHER QUESTIONS OR DISCUSSIONS? ALL THOSE IN FAVOR OF D5 SAY AYE?

>> AYE. >>> THOSE OPPOSE SAME SIGN, MOTION CARRIES.

[1. Approve a contract for Fleet maintenance and management to First Vehic...]

ITEM E1. >> ITEM E1 IS A RESOLUTION APPROVING A CONTRACT FOR FLEET MAINTENANCE AND MANAGEMENT TO FIRST VEHICLE SERVICES FOR THE ANNUAL AMOUNT OF $1,198,827.77.

>> GOOD EVENING, MAYOR AND COUNCIL, THANK YOU FOR LISTENING TO ME TONIGHT.

WE'VE GOT A NEW FLEET CONTRACT IN FRONT OF US. OUR OLD ONE IS EXPIRING AND WE NEEDED A NEW ONE SO WE WENT OUT AND FOUND ONE. WE HAVE -- WE PROCURED THIS AND RECEIVED THREE BIDS TOTAL. TWO OF THEM WERE COMPLETE. AND OF THE TWO WE CHOSE THE FOLLOWING. WE'LL GO THROUGH THE PRESENTATION AND I'LL SHOW

[01:40:02]

SO IN OUR NEW CONTRACT, WE REALLY TOOK SOME STEPS TO TRY TO MITIGATE THAT.

WE'VE TAKEN SOME OF YOURED A FRIES THE PAST WHEN WE STARTED THE ENTERPRISE PROGRAM, WE LOOKED AT THE MAINTENANCE PIECE AND DECIDED WE'D LIKE TO DIVIDE THAT WITH THE FEEDAC I -- FEEDBACK I GOT FROM YOU AT THE TIME WE'VE TAKEN THE LIGHT-DUTY VEHICLES AND MOVED THEM TO THE ENTERPRISE FLEET MANAGEMENT PROGRAM, THEIR NAMED PROGRAM. IT ALLOWS US TO INCUR A MUCH LOWER COST. WE'VE MOVED THOSE OVER AS OF OCTOBER 1ST.

THAT IS GOING TO OFFER UP A GREAT SAVINGS FOR US. THE REST OF THE FLEET IS WHAT WE NEEDED THIS NEW MAINTENANCE CONTRACT FOR. FIRST VEHICLE SERVICES AS YOU CAN SEE THERE, IS THE CONTRACTOR THAT WE CHOSE TO ENTER THIS ENGAGEMENT WITH.

WE'VE BEEN WITH THEM SINCE 2013. AS FAR AS I KNOW, I THINK THAT IS RIGHT, DARRYL, 2013?

>> THAT IS WHAT I FOUND ON THE CONTRACT ANYWAY. BUT OUR HEAVY-DUTY VEHICLES CONSIST OF CLASS 6 THROUGH 8 TRUCKS, HEAVY MACHINERY AND STUFF LIKE THAT.

PUBLIC SAFETY, FIRE AND POLICE THEY'RE HIGHLY USED AND SPECIALIZED VEHICLES AND NEED SPECIALIZED MAINTENANCE. JUST AN OVERVIEW OF SUBURB PRICE A PROGRAM THAT ALLOWS US TO MANAGE CASH FLOW SAVINGS EACH YEAR. THEIR WHEELHOUSE IS SINGLE ACCESS NONEMERGENCY VEHICLES. SO THIS SLIDE SHOWS A SAVINGS THAT WE WILL SEE MOVING THOSE 100 VEHICLES OVER TO ENTERPRISE FLEET MANAGEMENT PROGRAM. AS YOU CAN SEE, THE FIRST VEHICLE SERVICES PROPOSED PRICE TO MAINTAIN ONE OF THESE VEHICLES IS $2,155 PER YEAR.

AND THEN AS WE MOVE THOSE OVER TO ENTERPRISE YOU CAN SEE $468 IS ON AVERAGE WHAT WE'RE PAYING.

IT VARIES BETWEEN LIKE A LITTLE CAR OR AN F-150 OR F-350 THERE IS A LITTLE BIT DIFFERENCE ON AVERAGE $468 A YEAR. WE SEE A SAVINGS OF $168,000 OFF THE BAT WHICH IS WONDERFUL.

OUR NEW CONTRACT AND THIS IS THE WAY WE INTEND TO MITIGATE SOME OF THOSE OUT OF LIFECYCLE CHARGE, EACH VEHICLE IN THAT CONTRACT. AND IF YOU'LL REMEMBER IN MY PREVIOUS PRESENTATIONS ON THIS, I MENTIONED THAT THE CONTRACTOR WAS NOT FORTHCOMING WITH HOW MUCH IT COST TO MAINTAIN AN INDIVIDUAL VEHICLE. THROUGH THIS PROCESS, WE'VE ESTABLISHED THAT. SO AS YOU CAN SEE HERE THIS FIRE TRUCK, THE COST TO MAINTAIN THAT BASED ON THE CONTRACT IS $15,085 PER YEAR. CONSIDER THAT A BALANCE APPLIED TO THAT VEHICLE AT THE BEGINNING OF THE YEAR. AND EVERY VEHICLE IN OUR FLEET, REGARDLESS OF ITS STATUS IN OR OUT OF LIFECYCLE, RECEIVING THAT BALANCE AT THE BEGINNING OF THE YEAR. SO EVERYTHING STARTS OUT ON THE CONTRACT.

WHERE CURRENTLY ANYTHING OUT OF LIFE CYCLE IS OFF OF THE CONTRACT AT THE VERY BEGINNING OF THE YEAR SO BEFORE THEY CAN START BILLING US NONCONTRACT CHARGES THEY'VE GOT TO EXHAUST THIS BALANCE THAT IS APPLIED TO EACH OF THESE VEHICLES. SAY THIS FIRE TRUCK GOES IN FOR MAINTENANCE THROUGHOUT THE YEAR AND SIX MONTHS INTO THE YEAR THEY'VE SPENT ALL $15,085.

AT THAT POINT, THEY HAVE TO MAKE A DECISION OF WHO IS RESPONSIBLE FOR PAYING FOR THE REMAINDER OF THE MAINTENANCE OF THE VEHICLE IF IT IS WITHIN THE LIFECYCLE RESPONSE INFOR ALL OVERAGE CHARGES. IF IT IS OUTSIDE OF LIFECYCLE VICTORIA IS RESPONSIBLE FOR THE CHARGES. IT IS CONFUSING SO IF YOU HAVE QUESTIONS.

WE HAD SOME ON THE PREVIOUS ONE WE HAD 6, THIS ONE HAD 9 AND THE VALUES ASSOCIATED WITH THESE ARE MUCH GREATER. WE HAVE THE CAPABLE OF PENALIZING THE CONTRACTOR UP TO 15% OF THEIR INVOICE. WHEREAS BEFORE WE COULD ONLY PENALIZE SAY UP TO $FIN00 A MONTH ON $100,000 INVOICE. AND ALLOWS US TO HOLD THEIR FEET TO THE FIRE, SO TO SPEAK.

[01:45:12]

AND I'LL ANSWER ANY QUESTIONS. >> EXPAND ON LIFECYCLE. >> LIFECYCLE IS WHAT IS DETERMINED KIND OF DETERMINED BY THE NATIONAL PUBLIC WORKS ASSOCIATION.

SO IT IS THE USEABLE LIFE OF A VEHICLE IN ESSENCE. OURS IS DEFINED BY 10-YEARS OF SERVICE FROM DATE OF MANUFACTURER OR 110,000 MILES ON THE ODD SOME METER WHATEVER

OCCURS FIRST. >> IS THAT A SET LIFECYCLE FOR EVERY VEHICLE? OR ARE THERE DIFFERENT LIFECYCLES FOR DIFFERENT TYPES THAT MAYBE AREN'T USED AS OFTEN.

>>> THERE ARE DIFFERENT LIFECYCLE. OFF-ROAD EQUIPMENT IS TEN YEARS AND 6,000 HOURS ON ENGINE HOURS. REFUSE FUSE COLLECTION TRUCKS HAVE A SHORTER LIFECYCLE THAN ANY OTHER. SEVEN YEARS WITH 85,000 MILES ON THE ODDOMETER.

>> WHAT ABOUT A FIRE ENGINE? >> FIRE ENGINE IS 10, AND 110. >> I HAVE A QUESTION, I THINK IT WAS LAST YEAR I ASKED ABOUT THE LEASE PROGRAM. AND I REMEMBER GILBERT SAYING SOMETHING ABOUT, ONCE WE GOT 30% OF OUR FLEET TRANSFERRED OVER TO THE LEASE, WE HAD TO HAVE AT LEAST 30% IN ORDER TO SEE A SAVINGS. I DO SEE A SAVINGS NOW BUT I JUST WANTED YOU TO, YOU KNOW, I WAS ASKING THAT BECAUSE OF THAT 30% OF THE FLEET.

SO RIGHT NOW, WE DON'T HAVE 30% OF OUR FLEET IN THERE, RIGHT? >> CORRECT.

CORRECT. WE HAVE 16 VEHICLES LEASED AT THE MOMENT.

WE JUST EXECUTED LEASES FOR 21 MORE VEHICLES FOR FISCAL YEAR 22.

SO WE'RE GOING BE CLOSE 30% COMING UP, YOU KNOW AT TBDZ OF THE YEAR.

BUT THIS SAVINGS IS UTILIZED BY MOVING THE VEHICLES THAT WE OWN OVER TO JUST THEIR MAINTENANCE

PROGRAM PACKAGE. >> RIGHT. >> RATHER THAN LEASING ALL 100

OF THEM AT THE SAME TIME. >> THAT'S CORRECT. >> SO THERE IS ALSO JUST SO THAT YOU KNOW, WE HAVE ALSO REALIZED SOME SAVINGS OTHER THAN IN JUST MAINTENANCE.

THIS YEAR ENTERPRISE CAME TO US AND SAID WE WOULD LIKE TO TAKE THE F-150S THAT ARE ONE YEARS OLD, SELL THOSE AND WE'LL GIVE YOU NOW F-150SAND APPLY THAT OVERAGE TO YOUR PAYMENT.

THE AVERAGE PAYMENT WAS $550 A MONTH ON F-150 AND NOW WE'RE GOING BE DOWN TO ABOUT $350 A

MONTH AREA ON NEW TRUCK. >> WHEN I CAME TO YOU ON THIS WHOLE PROPOSAL FOUR, FIVE YEARS AGO, WE ACCOMPLISHED WHAT WE TALKED ABOUT BACK THEN. IT JUST HAPPENED TO BE A SMALLER SCALE. BUT WE'RE SLOWLY MOVING INTO THE MORE ENTERPRISE PROGRAM STUFF.

I'M GLAD ROGER HIT ON THAT 100 VEHICLES GOING TO BER ENTERPRISE MAINTENANCE.

WE DON'T HAVE 100 VEHICLES BUT SLOWLY WE'RE GOING TOWARDS THAT. BUT WE HAVE ACHIEVED OUR GOAL, BUT NOT THAT HIGH LEVEL YET. BUT WE'RE MOVING TO THE RIGHT CORRECTION.

I'M GOING -- DIRECTION. IN PRIOR YEARS WE WERE ABLE TO JUST TO PURCHASE ABOUT FIVE OR SIX PD CARS. NOW WE'RE BUYING 12. WE'RE LEASING 12.

SO WE'RE LEVERAGING THAT TYPE OF CASH TO EXFANNED FLEET AND EVALUATION.

AT THE SAME TIME MOVING THAT CALL REDUCE IT TO MAINTENANCE PROGRAM LIKE ENTERPRISE WHICH IS A LARGER ENTERPRISE. BUT ANYWAY THEY'RE DOING A GREAT JOB.

>> EWHERE THANK YOU ROGER, ALWAYS BRINGING US COST SAVINGS AND LOOKING OUT FOR THE

TAXPAYERS AND IT IS VERY, VERY MUCH APPRECIATED. >> THANK YOU.

>> IF THERE IS NO FURTHER QUESTIONS, ENTERTAIN A MOTION FOR ITEM E1.

>> MAKE A MOTION. >> SECOND. >> MOTION AND SECOND, ANY FURST

DISCUSSION? ALL THOSE IN FAVOR AAYE. >> AYE.

[2. Reject the bid submitted by Keystone Construction for the CDBG-DR Infr...]

>> ALL THOSE OPPOSE SAME SIGN. MOTION AREAS, E2. >>> ITEM E2 IS A RESOLUTION REJECTING A BID SUBMITTED BY KEYSTONE CONSTRUCTION FOR CDBG-DR INFRASTRUCTURE PROJECT

GLO CONTRACT NUMBER 20-065-055-C165. >>> GOOD EVENING, MAYOR AND COUNCIL IF YOU WOULD LIKE I COULD PROBABLY SUMMARIZE THIS A LITTLE BIT MORE QUICKLY THAN

[01:50:01]

GOING THROUGH THE WHOLE PRESENTATION. >>> THAT WOULD BE GOOD, YES,

BECAUSE WE'VE SEEN A LOT OF THIS BEFORE. >> THIS FUNDING WAS OFFERED FROM CDBG FOR DISASTER RELIEF AFTER HURRICANE HARVEY. SO ALL OF THESE BUDGET PROJECTIONS AND ESTIMATES WERE MADE BACK IN 2018 WELL BEFORE WE HAD A PANDEMIC.

ANDWOULD JUST LIKE TO TELL YOU, THAT ALMOST ALL -- FROM WHAT I'M UNDERSTANDING FROM TALKING TO OTHER GRANT PROFESSIONALS, ALMOST ALL GRANT PROFESSIONALS ARE EXPERIENCING SOME KIND OF DIFFICULTY RELATED NOW THE PANDEMIC WHERE THE ESTIMATES WERE GIVEN BEFORE THE PANDEMIC AND NOW WE'RE IN THE MIDDLE OF TRYING TO ACTUALLY ACCOMPLISH THINGS SO WHAT HAPPENED HERE WAS, IN JUNE WE BID THE PROJECT AND GOT NO RESPONSE. AND THEN IN AUGUST WE GOT ONE BID THAT WAS APPROXIMATELY $10 MILLION OVER WHAT OUR BUDGET IS. SO WHAT WE PROPOSED TO DO IS CHANGE THE SCOPE OF WORK. AND I WANTED TO MAKE SURE THAT EVERYONE UNDERSTANDS THAT WE'RE TALKING ABOUT STILL REPLACING ALL THE FLOODGATES AND WE'RE STILL GOING TO PUT IN PUMP STATIONS. WHAT WE WANT TO DO IS SIMPLY REDUCE THE CAPACITY A LITTLE BIT ON THE PUMP STATIONS. THAT WILL REQUIRE US TO NOT BUY SO MUCH SPECIALITY EQUIPMENT.

IT IS NOT GOING TO TAKE AS LONG AS SHIPPING. THAT IS ACTUALLY GOING TO REDUCE THE AMOUNT IN MUCH MORE IN LINE WITH THE BUDGET WE HAVE WITH THE GRANT.

>> HOPEFULLY. >> YEAH, HOPEFULLY. >> THIS ITEM IS TO REJECT BID ORIGINALLY SUBMITTED AND GO OUT TO BID WITH A NEW SCOPE AND BRING IT BEFORE US.

>> THAT'S RIGHT. >> OKAY. >> WE ACCEPT ITEM E2.

>>> I SECOND IT. >> THANK YOU, ANY FURTHER DISCUSSIONS?

QUESTIONS? ALL THOSE IN FAVOR E2 SAY AYE. >> THOSE OPPOSE SAME SIGN.

ITEM E2 CARRIES. THANK YOU, MS. CONNALLY. >>> ITEM E3 ALLOCATING FUNDING

[3. Allocate funding to non-profit organizations for FY 2022 from the Chil...]

>> GOOD EVENING. I CAN RUN THROUGH THIS VERY QUICKLY, OR GIVE THE FULL PRESENTATION WHICHEVER YOU WOULD PREFER. TONIGHT'S PRESENT IS ON THE CHILD SAFETY FUND ALLOCATION FOR THE GRANT PROGRAM. WE HAVE BEEN WORKING ON THIS FOR OBTAIN TWO YEARS NOW AND WE'RE FINALLY AT THE POINT WHERE WE ARE MAKING FUNDING RECOMMENDATIONS. AND SO WE DID RECEIVE JUST TO CLARIFY A LITTLE FURTHER ON THIS, THERE IS A TWO PARTS TO THE CHILD SAFETY FUND. TONIGHT'S PRESENT IS ON THE -- PRESENTATION IS ON THE GRANT PARTNERSHIP PROGRAM WHERE 60% OF OUR FUNDING IS GOING TOWARDS NON-PROFIT ORGANIZATIONS AND THERE ARE OTHER PARTS THAT ARE COMING WHICH IS THE CAR SEAT PROGRAM THAT WILL HAVE IN THIS NEXT FISCAL YEAR. AND SO OUR COMMITTEE DID RECEIVE FOUR APPLICATIONS, TOLDING 44,500 IN REQUESTS. AND WE HAD A TOTAL ALLOCATION OF $30,000 AVAILABLE IN FUNDING. WE RECOMMENDING FUNDING TONIGHT FOR ALL FOUR APPLICANTS.

AND WE DID UTILIZE AN OBJECTIVE DATA ANALYSIS. THIS IS OUR COMMITTEE THAT EVALUATED THIS. THIS IS AN INTERNAL CITY COMMITTEE WITH MEMBERS FROM OUR VARIOUS DEPARTMENTS, FINANCE, MUNICIPAL COURT, LEGAL AND THE POLICE DEPARTMENT.

THE OBJECTIVE DATA THAT WE UTILIZED WHEN EVALUATING THE APPLICATIONS ARE LISTED HERE.

WE HAD INFORMATIONAL AND APPLICANT WORKSHOPS, DOCUMENT COMPLIANCE, CREDIBLE AND TRANSPARENCY, UNITS OF SERVICE DELIVERED, UNDUPLICATED NUMBER OF CHILDREN SERVED, ELIGIBLE USE CATEGORY BASED ON THE FUNDING ALLOCATION. AND THOSE WERE CHILD SAFETY AND ABUSE INTERVENTION AND PREVENTION AS WELL AS DRUG AND ALCOHOL ABUSE PREVENTION AND INTERVENTION AND DIRECT DELIVERY SCORE BASED ON 990S REQUIRED TO BE SUBMITTED AS PART OF THE

APPLICATION PROCESS. >> THIS IS OUR TIMELINE HERE. WE OPENED UP IN AUGUST ON OUR APPLICATIONS AND START OFFED WITH TWO INFORMATIONAL WORKSHOPS APPLICATIONS OPENED AUGUST 23RD. DURING THE APPLICATION TIME FRAME WHICH WAS ABOUT THREE WEEKS WE OFFERED THREE APPLICANT WORKSHOPS FOR ORGANIZATIONS TO PARTICIPATE IN WE THEN NOTIFIED OUR AWARD WINNERS ON THE 16TH. THEY WERE GIVEN AN OPPORTUNITY TO APPEAL, SEPTEMBER 22ND. WE RECEIVED NO APPEALS DURING THAT TIME FRAME AND THEN TONIGHT'S PRESENTATION IS ON AWARDING THAT TO THE ORGANIZATIONS.

AND THEN THEY ARE TO BE REIMBURSED ON A QUARTERLY BASIS, BASED ON FUNDING WE ALREADY HAVE

COLLECTED OR RECEIVED FROM VICTORIA COUNTY. >> EVENS OF THE AWARDS AND THE RECOMMENDATIONS, YOU'LL SEE HERE WE HAD FOUR GOLDEN CRESCENT CASA, BOYS AND GIRLS CLUB, HOPE

[01:55:03]

SCOURING DAT -- SCORING DATA. >>> TIFFANY CAN YOU EXPLAIN FOR THE PUBLIC WHERE THIS MONEY IS

COMING FROM? >> YES, WE BEGAN RECEIVING MONEY FROM VICTORIA COUNTY JANUARY OF 2020 FROM VEHICLE REGISTRATIONS. IN JANUARY OF 2020, $1 WAS ASSESSED FOR ALL VEHICLE REGISTRATIONS AND WE RECEIVE ABOUT 72% OR SO OF THAT AS WE GET THE FUNDING FROM THEM BASED ON THIS CITY RES DENTS. AND AS OF JANUARY 1ST OF THIS YEAR, THAT AMOUNT WAS INCREASED TO $1.50 BY THE COUNTY COMMISSIONERS. AND SO THAT DID INCREASE EARLIER THIS YEAR. THAT WAS RECOMMENDED BY THEM LAST YEAR TO INCREASE IT AND THAT IS THE MAXIMUM THEY CAN INCREASE THAT TO.

* This transcript was compiled from uncorrected Closed Captioning.