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[00:00:05]

THANK YOU.

UH, GOOD EVENING

[CALL TO ORDER]

TONIGHT, WE HAVE THE REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION, MAY 5TH, 2021 AT 6:02 PM.

VIA VIDEO CONFERENCING.

I AM NOW GOING TO DO ROLL TALL COMMISSIONER KRILL.

UH, MR. THOMPSON COMMISSIONER POINT, YOUR PAM'S WAITING.

NO, SHE KEEP WAITING TO HEAR, I THINK, OH, SHE IS HERE.

COMMISSIONER BARRETT.

FIXLER PRESENT TO MR. BRISTOL.

I'M HERE.

COMMISSIONER WICKENBURG, COMMISSIONER GUERRERO, CHAIR, COMMISSIONER.

BRIMER HERE.

COMMISSIONER BEDFORD HERE.

OH, GOOD.

THANK YOU SO MUCH.

UH, UH, COMMISSIONERS, NOW THAT I'VE CALLED ROLE.

UM, I WOULD LIKE TO INTRODUCE OUR NEW COMMISSIONER THIS EVENING.

UM, JENNIFER BRISTOL IS FROM DISTRICT SEVEN.

DO YOU MIND SAYING A FEW WORDS BEFORE WE PROCEED? COMMISSIONER? SURE.

THANK YOU.

AND, UM, I'M, I'M VERY EXCITED TO SERVE, UH, FOR OUR DISTRICT FOR THE CITY OF AUSTIN.

AND, UM, I, UH, I'M AN AUTHOR.

UM, I WRITE BOOKS ABOUT, UM, WHERE TO GO AND EXPLORE A NATURE.

UM, AND, UH, I WORKED FOR TEXAS PARKS AND WILDLIFE FOR 10 YEARS, UM, RUNNING THEIR CHILDREN IN NATURE PROGRAM.

AND THEN, UM, WAS A NATURAL RESOURCE MANAGER OUT AT BASTROP STATE PARK.

UM, PRIOR TO THAT, UH, I'VE BEEN A BUSINESS OWNER.

UM, I WORKED IN THE FILM INDUSTRY FOR SEVEN YEARS.

I'VE DONE ALL KINDS OF THINGS, BUT, UM, I'VE LIVED IN AUSTIN, TEXAS SINCE 1973.

WELCOME.

THANK YOU.

YES.

WELCOME.

GLAD TO HAVE YOU

[1. APPROVAL OF MINUTES AND ACTION]

ONE APPROVAL OF MINUTES.

ACTION.

WE'RE GOING TO APPROVE THE 21ST 2021 MEETING MINUTES.

IF THERE'S A MOTION COCONUTS.

SECOND MOTION BY RAMBERT.

SECOND BY COMMISSIONER BIXLER.

I THINK IT WAS COIN BUT COIN.

OKAY.

I SECOND AS OUR THIRD.

OKAY.

ALL RIGHT.

UM, ANY OTHER FURTHER DISCUSSION, ANY EDITS, ANY CHANGES THAT NEED TO BE MADE IF THERE AREN'T ANY, THEN WE'LL MOVE FOR A VOTE ALL IN FAVOR, SAY AYE, RAISE YOUR HAND.

MOTION CARRIES IS THOMPSON AND ARE OUT.

I'M NOT CERTAIN HOW MANY ARE HERE RIGHT NOW, BUT I THINK WE NEED AN AFFIRMATIVE VOTE ON THAT PAN OR PUBLIC.

PAM'S NOT IN YET.

HE IS HER VIDEO.

PAM, COULD YOU PLEASE CONFIRM IF YOU CAN HEAR US AND IF HE COULD SPEAK HERE, BUT SHE'S DOING SOMETHING WHEN SHE'S DONE, SHE'LL BE BACK ON THE CALL.

OKAY.

SO I'M NOT, I'M NOT GOING TO KEPT HER.

SHE'S BUSY.

SHE HAS TO FINISH THE TASK BEFORE SHE CAN GET BACK ON THE, ON THE CALL.

OKAY.

OKAY.

SO ALSO THAT SEVEN.

OH, DOES THAT SOUND GOOD? SECRETARY SOUNDS GREAT.

OKAY, SO LET'S

[2a. PM2.5 Emissions Reduction Plan—Phoebe Romero, Environmental Program Coordinator, Office of Sustainability and Christiane Alepuz, Capital Area Council of Governments Regional Planning and Services Program Coordinator (30 minutes)]

MOVE ON PLEASE.

WITH OUR AGENDA, WE HAVE ITEM TWO, A, THESE ARE FOR CONSIDERATION AND POSSIBLE ACTION.

P M 2.5 EMISSIONS REDUCTION PLAN.

WE HAVE STAFF HERE TO SPEAK FROM SEVERAL DEPARTMENTS WHO WILL GO FIRST, OR HOW ARE WE DOING THIS? UH, THIS IS PHOEBE ROBERTO FROM THE OFFICE OF SUSTAINABILITY.

[00:05:01]

UM, I'M REALLY GOING TO BE GIVING A BRIEF INTRODUCTION.

AND THEN, UM, CHRISTIAN ALIBAS WAS FROM CAP COG IS GOING TO GIVE THE BULK OF THE PRESENTATION.

OKAY.

THANK YOU SO MUCH.

UM, YEAH, SO I'LL GET STARTED.

SO I MENTIONED, UM, SO I WORK IN THE CITY OF AUSTIN OFFICE OF SUSTAINABILITY.

UM, MY WORK IS ON REGIONAL AIR QUALITY PLANNING, UM, AND I'M ALSO ON OUR CLIMATE TEAM, UH, FOCUSED ON THE AUSTIN CLIMATE EQUITY PLAN.

UM, MORE RECENTLY.

UM, SO I WANTED TO PROVIDE JUST SOME CONTEXT BEFORE CHRISTIAN GIVES HER MORE DETAILED PRESENTATION.

UM, BUT YOU KNOW, ESPECIALLY SINCE WE HAVE A NEW COMMISSIONER, UM, OUR AIR QUALITY PROGRAM IN THE CITY HAS REALLY BEEN IN COORDINATION WITH THE CAPITAL AREA COUNCIL OF GOVERNMENTS AND IT'S REALLY REGIONAL WORK.

UM, AND SO A PLAN WAS PASSED AT THE END OF 2018.

THAT WAS A 2019 TO 2023 REGIONAL AIR QUALITY PLAN.

UM, AND THE FIVE REGION PARTICIPATES IN IT.

IT'S WHAT WE CALL THE, UM, AUSTIN ROUND ROCK, UH, GEORGETOWN MSA.

AND, UM, THERE ARE SEVERAL ACTIONS ON THERE THAT EACH JURISDICTION, UH, COMMITTED TO, AND REALLY THEY'RE FOCUSED ON GROUND LEVEL OZONE BECAUSE OF OUR AIR POLLUTION LEVELS, UM, BEING MUCH MORE HIGH FOR GROUND LEVEL OZONE.

UM, THAT BEING SAID PARTICULATE MATTER IS, IS PROBABLY AT AROUND 85% TO, YOU KNOW, VIOLATING THE STANDARD, WHICH IS KIND OF A HARD WAY TO SAY IT.

BUT EVEN THOUGH OUR PM LEVELS AREN'T AS HIGH WHEN IT COMES TO NATIONAL AMBIENT AIR QUALITY STANDARDS, UM, IT'S A PUBLIC HEALTH CONCERN.

AND, UM, THERE WAS TALK, UM, FROM THE EPA LAST YEAR TO POTENTIALLY CHANGE THOSE STANDARDS TO BE LOWER, WHICH WOULD PUT US IN DANGER OF VIOLATING THOSE AIR QUALITY STANDARDS.

SO WITH ALL OF THAT CONTEXT, THE REGION WAS APPROACHED BY THE EPA TO JOIN THE, UH, PARTICULATE MATTER ADVANCED PROGRAM AND REALLY COME UP WITH SOME, UH, PM SPECIFIC STRATEGIES TO ADD ON TO THE REGIONAL AIR QUALITY PLAN.

SO THE CLEAN AIR COALITION, WHICH HAS MADE UP OF GOVERNMENTAL BODIES IN THE FIVE COUNTY REGION DECIDED TO VOTE TO JOIN THE PM ADVANCED PROGRAM.

UM, AND THEN A SUBCOMMITTEE FROM AN ADVISORY COMMITTEE MADE UP OF STAFF FROM ALL OF THOSE JURISDICTIONS GOT TOGETHER AND CAME UP AND LOOKED AT, YOU KNOW, WHAT ARE OUR LARGEST SOURCES OF PM IN THE REGION AND WHAT ARE THE ACTIONS THAT EACH JURISDICTION CAN TAKE? UM, AND SO FROM A CITY PERSPECTIVE, UM, WE, UH, I HAVE WORKED WITH, UM, COUNCIL MEMBER ELLIS'S OFFICE.

SHE IS THE VICE CHAIR OF THE CLEAN AIR COALITION.

AND SO HER OFFICE IS GOING TO BE TAKING THIS ITEM AS, UM, AN ITEM FROM COUNCIL LATER THIS MONTH.

UM, THE TARGET DATE IS TO GET IT, UM, HERE AT THE END OF MAY.

UM, AND SO THAT'S THE, THE MAY 20TH, AND THEN YOU'LL BE ABLE TO, TO READ THE RESOLUTION IN MORE DETAIL.

UM, SO THAT'S, THAT'S THE PROGRESS THERE.

AND WE REALLY JUST FELT LIKE THIS COMMISSION, UM, WHO HAS EXPRESSED INTEREST IN AIR QUALITY, UM, WOULD BE INTERESTED IN JUST RECEIVING A BRIEFING ON THIS.

AND SO WITH THAT INTRODUCTION, I'LL, I'LL PASS IT ON OVER TO CHRISTIAN.

HI EVERYONE.

AND THANK YOU PHOEBE FOR THAT INTRODUCTION.

UH, MY NAME IS KRISHNA WHO IS WITH THE CAPITAL AREA COUNCIL, GOVERNMENTS, AIR QUALITY PROGRAM.

AND I HAVE A PRESENTATION.

SHOULD I SHARE THAT OR WILL Y'ALL SHARE THAT ON YOUR END? OH, IT'S POPPING UP RIGHT NOW AND JUST LET US KNOW WHEN YOU'D LIKE US TO ADVANCE THE SLIDE, PLEASE.

OKAY, GREAT.

UM, SO AS PHOEBE MENTIONED, WE HAVE REGIONAL AIR QUALITY PLAN AND WE ARE INCORPORATING PARTICULATE MATTER, ALSO KNOWN AS PM.

AND SO THIS PRESENTATION IS GOING TO COVER WHAT IS PARTICULATE MATTER A PARTICULAR MATTER OF SOURCES AND THEN, UM, EMISSION REDUCTIONS THAT CAN BE FOCUSED TOWARDS PM.

NEXT SLIDE PLEASE.

SO BEFORE I GET INTO THAT, I AM GOING TO INTRODUCE WHAT CAP COG IS.

SO WE ARE A REGIONAL PLANNING COMMISSION IN STATUTE, MORE OFTEN CALLED A COG, AND WE HAVE A VARIETY OF PLANNING ACTIVITIES THAT WE DO, AND YOU CAN SEE AIR QUALITY PLANNING IS ONE OF THOSE NEXT SLIDE, PLEASE.

AND SO THIS SHOWS YOU THE CAP COG REGION.

WE ARE A 10 COUNTY SERVICE AREA, UM, FOR OUR REGIONAL AIR QUALITY PLAN AND AIR QUALITY.

WE FOCUS ON THE FIVE METROPOLITAN STATISTICAL AREA COUNTIES, WHICH ARE WILLIAMS AND TRAVIS HAYES, BASTROP AND CALDWELL.

NEXT SLIDE, PLEASE.

KA COOK HAS AN EXECUTIVE COMMITTEE THAT IS COMPRISED OF ELECTED OFFICIALS FROM CITIES AND COUNTIES IN THE REGION.

NEXT SLIDE PLEASE.

OKAY.

SO WHAT IS PARTICULATE MATTER, PARTICULARLY MATTER ALSO KNOWN AS PM, WHICH CAN ALSO BE CALLED PARTICLE POLLUTION IS A TERM FOR A MIXTURE OF SOLID PARTICLES AND LIQUID DROPLETS IN THE AIR.

THERE ARE TWO TYPES OF PARTICULATE MATTER.

THERE IS OTHERWISE KNOWN AS COURSE PM, WHICH ARE PARTICLES THAT ARE SMALLER THAN 10 MICROMETRES.

AND THEN THERE'S ALSO PMT 0.5 OR FINE PARTICULATE MATTER, WHICH ARE PARTICLES THAT ARE SMALLER THAN 2.5 METERS.

AND SO YOU CAN SEE ON THIS DIAGRAM

[00:10:01]

EXACTLY HOW SMALL IT IS COMPARED TO A HUMAN HAIR AND VERSUS A GRAIN OF SAND.

AND SO, UH, THIS PRESENTATION IS GOING TO FOCUS ON PM 2.5.

AND SO THAT'S WHY IT IS BOLDED.

NEXT SLIDE PLEASE.

SO PM 2.5 POLLUTION PM 2.5 IS BOTH A PRIMARY POLLUTANT, MEANING THAT IT'S DIRECTLY ADMITTED FROM DIFFERENT SOURCES AND A SECONDARY POLLUTANT, MEANING THAT IS FORMED IN THE ATMOSPHERE THROUGH CHEMICAL REACTIONS AND PROCESSES FROM OTHER DIRECT EMISSIONS.

THERE ARE MULTIPLE SOURCES OF PM THAT INCLUDE PARTICLES FROM DUSTIN SOIL OR CRUSTAL PM ELEMENTAL CARBON PM, WHICH IS PARTICLES THAT CONTAIN THE ELEMENTAL FORM OF CARBON ORGANIC CARBON PM, WHICH IS PARTICLES THAT CONTAIN HYDROCARBONS THERE'S SULFATE PM, NITRATE PM, AND AMMONIUM PM.

THE TYPE OF PM 2.5 THAT APPEARS TO BE CONTRIBUTING THE MOST, THE HIGHEST LEVELS OF ANNUAL CONCENTRATIONS IN OUR REGION IS ORGANIC CARBON PM OR PM FROM HYDROCARBONS.

SO THEREFORE REDUCING ORGANIC CARBON EMISSIONS WOULD BE MOST IMPORTANT STEP THAT THE REGION CAN TAKE TOWARDS REDUCING THE HIGHEST ANNUAL OVERALL CONCENTRATION.

AND THE HIGHEST CONCENTRATIONS ARE LOCATED IN THE URBAN CORE.

NEXT SLIDE PLEASE.

SO THERE ARE MULTIPLE HEALTH EFFECTS OF PM POLLUTION PM 2.5 IS SMALL ENOUGH TO PENETRATE THE BODY AND THE LUNGS.

SO, UM, THERE ARE MULTIPLE HEALTH EFFECTS THAT HAVE BEEN INDICATED AS CAUSAL OR LIKELY CAUSAL.

AND THOSE ARE PREMATURE DEATHS, LUNG CANCER, CARDIOVASCULAR EFFECTS, NERVOUS SYSTEM EFFECTS AND RESPIRATORY EFFECTS.

ALSO EPA FOUND THAT THERE'S NO EVIDENCE OF A THRESHOLD WHICH FURTHER REDUCTIONS OF PM EXPOSURE WOULD NOT CONTINUE TO DECREASE.

THAT MEANS THAT THERE IS HEALTH EFFECTS OF PM AT ANY LEVEL THAT IS FOUND IN THE ATMOSPHERE SO THAT THERE ARE PUBLIC HEALTH BENEFITS OF REDUCING BOTH LONG AND SHORT TERM EXPOSURE TO PM 2.5.

EVEN IF OUR AREA IS ATTAINING THE PMT 0.5 NATIONAL AMBIENT AIR QUALITY STANDARDS.

NEXT SLIDE PLEASE.

SO THERE ARE MULTIPLE GROUPS THAT ARE SENSITIVE TO PM POLLUTION.

THE GROUPS THAT ARE MOST LIKELY AFFECTED ARE PEOPLE WITH HEART OR LUNG DISEASES, CHILDREN AND TEENAGERS AND OLDER ADULTS.

THOSE THREE GROUPS ARE KNOWN AS SENSITIVE GROUPS AND THEY COMPRISE AT LEAST 40% OF THE POPULATION IN THE MSA.

ADDITIONALLY, PEOPLE OF COLOR AND PEOPLE WITH LOW INCOME TEND TO HAVE DISPROPORTIONATE EXPOSURE TO HIGHER PM.

2.5 LEVELS.

NEXT SLIDE PLEASE.

SO THIS GRAPH SHOWS YOU THE AUSTIN AREA AIR QUALITY INDEX DAYS LAST YEAR.

AND SO IT SHOWS YOU WHAT THE AIR QUALITY INDEX WAS GOOD, MODERATE, UNHEALTHY FOR SENSITIVE GROUPS OR UNHEALTHY, AND WHICH POLLUTANT TRIGGERED THAT AIR QUALITY INDEX TO BE NOT GOOD.

SO AS YOU CAN SEE THAT PRIMARILY WE HAVE GOOD AIR QUALITY DAYS.

HOWEVER, ABOUT ONE THIRD OF THE TIME, THE AIR QUALITY IS MODERATE.

AND THEN WHEN YOU BREAK OUT THE MODERATE BY WHICH POLLUTANT CAUSED THE MODERATE DAY, YOU CAN SEE THAT BY FAR PMC 0.5 HAS CAUSED MORE MODERATE DAYS THAN OZONE POLLUTION.

AND THEN THERE ARE A FEW DAYS WHERE BOTH OZONE AND PM 2.5 OR MODERATE, THERE WERE ALSO TWO UNHEALTHY FOR SENSITIVE GROUP DAYS LAST YEAR DUE TO OZONE.

AND THERE WAS ONE UNHEALTHY FOR EVERYONE DUE TO PM 2.5.

AND THAT WAS BECAUSE OF THIS A HERON DUST STORM EVENT.

SO THAT IS AN EVENT THAT IS OUT OF OUR CONTROL, BUT IT'S STILL GOOD FOR PUBLIC HEALTH TO REALIZE WHEN THOSE HAPPEN, THAT AIR QUALITY CAN BE UNHEALTHY.

NEXT SLIDE PLEASE.

SO I TOUCHED ON THIS BEFORE, BUT, UH, PM 2.5 IS A POLLUTANT THAT FALLS UNDER THE NATIONAL AMBIENT AIR QUALITY STANDARDS ARE NEXT FOR SHORT.

SO THE CLEAN AIR ACT REQUIRES THE EPA TO SET THE NEXT FOR PARTICULATE MATTER IN FIVE OTHER POLLUTANTS THAT ARE HARMFUL TO THE PUBLIC HEALTH AND THE ENVIRONMENT.

THE LAW ALSO REQUIRES EPA TO REVIEW THESE STANDARDS EVERY FEW YEARS TO ENSURE THAT THEY PROVIDE ADEQUATE HEALTH AND ENVIRONMENTAL PROTECTION AND TO UPDATE THOSE STANDARDS AS NECESSARY.

SO WHEN YOU COMPARE A REGION'S POLLUTION LEVELS TO THE NEXT, THE CONCENTRATIONS ARE REFERRED TO AS DESIGN VALUES AND ARE USUALLY BASED ON THREE YEARS WORTH OF DATA, AN EPA JUST COMPLETED A REVIEW OF THE KNACKS FOR PM AND OZONE IN DECEMBER OF 2020.

AND THEY LEFT THOSE STANDARDS UNCHANGED FROM THE LAST REVIEW.

NEXT SLIDE PLEASE.

SO THE PM NEXT, THERE ARE TWO NEXT, THERE IS A SHORT TERM 24 HOUR AND THERE'S A LONG-TERM ANNUAL DESIGN.

SO AS I MENTIONED, THE NEXT WERE KEPT THE SAME DURING THE 2020 REVIEW.

SO THE FEDERAL, THE FEDERAL LEVEL FOR SHORT-TERM PM IS 35

[00:15:01]

MICROGRAMS PER CUBIC METER.

THE LONG-TERM ANNUAL DESIGN VALUE IS 12 MICROGRAMS PER CUBIC METER.

UH, I WOULD LIKE TO NOTE THAT DURING THIS REVIEW EPA STAFF DID RECOMMEND LOWERING THE ANNUAL MAX TO AS LOW AS EIGHT MICROGRAMS PER CUBIC METER.

UH, BUT CURRENTLY IT REMAINS UNCHANGED AND IT IS 12 MICROGRAMS PER CUBIC METER.

SO YOU CAN SEE THAT THE AUSTIN, RON ROCK MSA HAS A 24 HOUR DESIGN VALUE OF 23 MICROGRAMS PER CUBIC METER.

SO THAT IS FINE.

WE ARE WELL BELOW THE 24 HOUR SHORT-TERM NEXT.

HOWEVER, WE HAVE AN ANNUAL DESIGN VALUE OF 9.8 MICROGRAMS FOR KEEPING NEATER.

AND SO THAT'S NOTABLE.

IF THE EPA STAFF RECOMMENDED LOWERING THE STANDARD TO AS LOW AS EIGHT MICROGRAMS PER CUBIC METER, THE AUSTIN AREA WOULD BE IN VIOLATION OF AN AIR AMBIENT AIR QUALITY STANDARD, AND RELATIVE TO THE REST OF THE COUNTRY.

THE AUSTIN AREA HAS A HIGHER ANNUAL DESIGN VALUE THAT 89% OF THE COUNTRY, WE HAVE A HIGHER 24 HOUR DESIGN VALUE THAN 76% OF THE COUNTRY.

AND COMPARED TO THE OZONE DESIGN VALUE, WE HAVE A 75% HIGHER OZONE DESIGN VALUE THAN THE REST OF THE COUNTRY.

SO WHILE WE ARE MAINTAINING THE STANDARDS, WE DO HAVE DAYS IN WHICH WE HAVE HIGH AIR POLLUTION AND THAT, UH, OVER TIME WE COULD POSSIBLY VIOLATE A FUTURE STANDARD.

NEXT SLIDE PLEASE.

SO THIS GRAPH SHOWS YOU THE AREA QUALITY TRENDS OVER TIME.

UH, THE TOP BLUE GRAPH IS OZONE EIGHT HOURS.

THE RED LINE IS ANNUAL PMT 0.5 AND THE GREEN LINE IS THE 24 HOUR PM 2.5.

AND SO, AS I MENTIONED BEFORE, WE ARE, UM, WE WERE TALKING ABOUT ANNUAL PM 2.5.

SO THE RED LINE, SO THAT YOU CAN SEE THIS GRAPH SHOWS YOU THE ZIONSVILLE, YOU BURST THE MAXIMUM LEVEL.

SO FOR EXAMPLE, FOR 2019, IF THE DESIGN VALUE FOR ANNUAL PM, THE RED BOX IS 12 MICROGRAMS PER CUBIC METER, AND WE'RE AT 9.8 GRAMS PER CUBIC METER.

WE ARE AT 82% OF THAT DESIGN VALUE.

SO AS YOU CAN SEE, UM, AN SVB MENTIONED, WE'VE HAD A FOCUS ON OZONE IN THE PAST COUPLE OF YEARS BECAUSE WE ARE VERY CLOSE TO EXCEEDING THE OZONE STANDARD.

HOWEVER, WE ARE CREEPING UP IN OUR ANNUAL PM, 2.5 DESIGN VALUE.

NEXT SLIDE PLEASE.

OKAY.

SO NOW YOU TALKED ABOUT T PM 2.5.

LET'S LOOK AT THE LARGEST SOURCES OF THE EMISSIONS IN OUR REGION AND THEN ORGANIC CARBON.

BECAUSE AS I MENTIONED BEFORE, WE FOUND THAT, UM, THE TOTAL PMC 0.5 FOR ALL THOSE SOURCES I MENTIONED, BUT ORGANIC CARBON CONTRIBUTES MORE TO PMT 0.5 THAN THE OTHER SOURCES.

SO THE, UH, LARGEST SOURCE OF PMT 0.5 IN OUR MISSION IN OUR REGION IS ROAD DUST.

AND SO THIS IS, UM, DUST THAT HAS KICKED UP ON PAVED AND UNPAVED ROADS.

AND THEN NEXT THERE IS CONSTRUCTION DUST.

AND SO THAT'S DUST GENERATED AT CONSTRUCTION SITES.

UM, THIRD IS OPEN BURNING.

SO, UH, THAT IS DIFFERENT FROM PRESCRIBED FIRES TO OPEN BURNING WOULD BE, UH, BURNING OF HOUSEHOLD WASTE, RECREATIONAL BURNING OF CAMPFIRES, AND, UM, OTHER BURNING THAT BANKING LAND CLEARING BURNING ON PRIVATE RESIDENTIAL PROPERTY, THEN THERE'S PRESCRIBED FIRES.

SO THIS WOULD BE, UH, FIRES THAT ARE DONE BY THE PRESCRIBED FIRE AGENCIES TO CONTROL UNDERGROWTH, TO PREVENT WILDFIRES.

THEN WE HAVE AGRICULTURAL DUST, COMMERCIAL COOKING AND MINING AND QUARRYING.

HOWEVER, WHEN YOU GO LOOK AT THE CONTRIBUTIONS OF WHICH SOURCES CONTRIBUTE THE MOST ORGANIC CARBON EMISSIONS, YOU CAN SEE THAT THE FIRST IS OPEN BURNING AND THEN AS PRESCRIBED FIRES.

AND THAT IS MAINLY BECAUSE, UH, FIRES IN GENERAL BURN A MIXTURE OF ORGANIC AND INORGANIC MATTER THAT CAUSES A VARIETY OF HYDROCARBONS TO BE RELEASED DURING THE BURNING PROCESS NEXT.

OKAY.

SO PHOEBE MENTIONED THIS, WE HAVE A REGIONAL AIR QUALITY PLAN AND AS A VOLUNTARY PLAN TO ADDRESS REGIONAL AIR POLLUTION AND THE FIVE COUNTIES, THE PLAN IS DESIGNED TO HELP THE REGION MAINTAIN AND IMPROVE OUTDOOR AIR QUALITY, REDUCE THE IMPACT OF EMISSIONS FROM THE REGION AND MITIGATE THE HEALTH AND ENVIRONMENTAL ECONOMIC AND SOCIAL IMPACTS OF AIR POLLUTION.

SO CURRENTLY THE PLAN HAS FOCUSED ON OZONE POLLUTION.

AS I MENTIONED, THE REGION HAS BEEN CLOSE TO VIOLATING THE OZONE NEXT FOR YEARS.

HOWEVER, AFTER REVIEW OF PM FROM A PUBLIC HEALTH PERSPECTIVE AND A REGULATORY PERSPECTIVE, THE CENTRAL TEXAS CLEAN AIR COALITION DECIDED TO UPDATE THE PLAN TO INCLUDE ADDITIONAL MEASURES TARGETED AT REDUCING PM.

2.5 AIR POLLUTION AND INCREASING EDUCATION AND OUTREACH ON PM.

2.5 AIR POLLUTION.

NEXT

[00:20:01]

SLIDE PLEASE.

OKAY.

AND SO THIS TIES IN WITH OUR PARTICIPATION IN EPA ADVANCED PROGRAM, IT'S A PROGRAM SPONSORED BY THE EPA THAT PROMOTES LOCAL ACTIONS AND AREAS THAT ARE ATTAINING THE FEDERAL AMBIENT AIR QUALITY STANDARDS TO REDUCE OZONE AND PM 2.5.

SO THE CAC HAS PARTICIPATED IN THE OZONE ADVANCED PROGRAM SINCE 2012 AND IN AUGUST, 2020, THE CAC JOINED THE PM ADVANCED PROGRAM.

AND SO THIS JOINT OF THE PROGRAM LED TO THE UPDATE OF OUR PLAN TO SPECIFICALLY ADDRESS PMT 0.5.

NEXT SLIDE PLEASE.

OKAY.

OKAY.

AND SO THE PROPOSED EMISSION REDUCTION MEASURES THAT WE HAVE TARGET THE LARGEST SOURCES OF THE 2.5 AND AIM TO INCREASE OUTREACH AND EDUCATION ABOUT PM 2.5, THE EMISSION REDUCTION MEASURES, WHICH I'LL SHARE IN THE NEXT SLIDE, KIMBERLY IMPLEMENTED IN THREE WAYS.

UM, THEY CAN BE IMPLEMENTED WITHIN THE ORGANIZATION'S OPERATIONS.

SO FOR EXAMPLE, CITY AND COUNTY CONSTRUCTION PROJECTS CAN IMPLEMENT PM EMISSION REDUCTION MEASURES.

THEY CAN BE ENCOURAGED OR REQUIRE THIRD-PARTY ORGANIZATIONS TO IMPLEMENT.

SO THIS WOULD BE REQUIRE OR ENCOURAGE THAT PRIVATE CONSTRUCTION PROJECTS WITHIN THE CITY IMPLEMENT PM EMISSION REDUCTION MEASURES, OR THE THIRD IS TO EDUCATE, ENCOURAGE THE PUBLIC AT LARGE TO IMPLEMENT.

SO THIS WOULD THREE BE THROUGH THE DISTRIBUTION OF OUTREACH AND EDUCATIONAL MATERIALS AND SHARING BEST MANAGEMENT PRACTICES ABOUT PM MINISTRY, EMISSION REDUCTION, BUT NOT REQUIRING OR ENCOURAGING THE ACTIONS TO BE DONE.

NEXT SLIDE PLEASE.

SO THESE ARE THE PROPOSED REGIONAL PM, 2.5 EMISSION REDUCTION AND PLANNING MEASURES.

THERE ARE 10 OF THEM AND YOU CAN SEE HOW THEY TARGET EACH OF THE SOURCE CATEGORIES THAT I MENTIONED BEFORE THAT ARE THE HIGHEST CONTRIBUTORS TO PMT 0.5 IN THE REGION.

SO THERE'S CONSTRUCTION AND DEMOLITION ACTIVITIES, COMMERCIAL COOKING, AND TAR BOILING ROAD, DUST, MINING, AND QUARRYING OPEN BURNING, PRESCRIBED BURNING.

THERE'S ALSO, UH, REDUCING EMISSIONS FROM MOBILE SOURCES.

THAT IS AN EXISTING MEASURE THAT WE HAVE FOR OZONE THAT ALSO WOULD HELP PM POLLUTION.

THE FOLLOWING ONE AS WELL IS REDUCING EMISSIONS FROM STATIONARY COMBUSTION SOURCES, SUCH AS POWER PLANTS AND, UM, FACTORIES AND FACILITIES PROCESSING FACILITIES.

AND THEN NINE IS THE INSTALLATION OF ADDITIONAL PMT 0.5 MONITORS OR SENSORS TO UNDERSTAND PMT 0.5 WITHIN THE REGION.

SO CURRENTLY TCQ OPERATES THREE FEDERAL REGULATORY PM, 2.5 MONITORS.

UH, THEY ARE ALL LOCATED IN TRUCKS COUNTY.

AND SO, UH, IT WOULD BE GOOD TO GET MORE MONITORS OUT IN THE REGION TO UNDERSTAND, UH, WHAT'S GOING ON OUTSIDE OF THE COUNTY AND LASTLY PROMOTE AWARENESS OF HEALTH EFFECTS OF PMS OUTREACH AND EDUCATION.

AND AS YOU CAN SEE, THERE'S THOSE THREE OPTIONS.

AND RIGHT NOW, UM, WITH THE ITEM FROM COUNCIL IT'S, WE ARE JUST ASKING CAC MEMBERS TO IDENTIFY WHICH SECTORS THEY WOULD LIKE TO TARGET EMISSION REDUCTIONS.

AND, UM, LATER ON, WE'RE GOING TO, UH, DISCUSS SPECIFIC ACTIVITIES THAT CAN BE DONE WITHIN THOSE, UH, INDIVIDUALLY SECRETARIES.

NEXT SLIDE PLEASE.

OKAY.

SO AS PHOEBE MENTIONED, UM, THE NEXT STEPS IS FOR THE CAC MEMBER.

SO THE CITY OF BOSTON TO DETERMINE WHICH PM 2.5 EMISSION REDUCTION MEASURES WILL BE COMMITTED TO AND APPROVED BY YOUR GOVERNING BOARD BY MAY 31ST.

UM, SO AS PHOEBE MENTIONED, THERE'S GOING TO BE AN ITEM FROM THE COUNCIL LATER MAY, THAT WILL, UM, MAKE CERTAIN COMMITMENTS TO THE PM AND EMISSION REDUCTION MEASURES THAT I JUST PRESENTED.

AND THEN AFTER THOSE COMMITMENTS ARE RECEIVED FROM OUR PAC MEMBERS, WE ARE GOING TO INCORPORATE THOSE INTO THE REGIONAL AIR QUALITY PLAN AND UPDATE THE PLAN BY AUGUST 11TH.

AND SO THAT SHOULD BE INTERESTING TO SEE WHAT WE GET FROM OUR ORGANIZATIONS IN TERMS OF EMISSION REDUCTION MEASURES THAT THEY'RE WILLING TO IMPLEMENT.

NEXT SLIDE, PLEASE.

AND I BELIEVE THAT'S EVERYTHING.

ARE THERE ANY QUESTIONS, QUESTIONS FROM LISTENERS? THIS IS COMMISSIONER BRISTOL.

AND, UM, I'VE A COUPLE OF QUESTIONS.

UM, AS FAR AS, UM, YOU MENTIONED OUTREACH AND EDUCATION, UM, IS THAT, ARE THERE ALREADY MATERIALS THAT ARE ON A WEBSITE SOMEWHERE? CAN YOU DESCRIBE JUST A LITTLE BIT FOR ME WHAT YOU ALREADY DO AND THAT, UM, IN THAT AREA? YEAH, SO WE HAVE AN OUTREACH AND EDUCATION PLATFORM CALLED AIR AIR CENTRAL TEXAS.

THE WEBSITE IS AIR CENTRAL, TEXAS.ORG.

AND RIGHT NOW IT IS FOCUSED

[00:25:01]

ON, UM, OZONE POLLUTION.

AND SO, UH, ONCE THIS PLAN IS FINALIZED AND BEGINNING AND FYI, TWO, WE PLAN TO CREATE A PM SPECIFIC OUTREACH AND EDUCATION MATERIALS, UPDATE THAT WEBSITE WITH PM SPECIFIC TABS AND PAGES.

AND, UH, SO HAVE OUTREACH EDUCATION MATERIALS THAT ARE READY TO DISTRIBUTE TO OUR MEMBERS FOR THEM TO SHARE TO THEIR RESIDENTS.

ANY OTHER QUESTIONS? YES.

COMMISSIONER BIXLER.

HI.

UM, FIRST I'D LIKE TO SAY, I THINK THIS IS EXTREMELY IMPORTANT WORK, SO, UM, I, UM, I COMMEND THE, YOUR, WHAT YOUR TEAM IS DOING AND, UM, I THINK IT'S, UM, THE SCIENCE IS ONLY SHOWING MORE AND MORE.

I MEAN, YEAR AFTER YEAR, THE HEALTH IMPACTS OF EXPOSURE TO AIR POLLUTANTS AND ESPECIALLY PM 2.5 AND HOW THERE ARE DISPROPORTIONATE IMPACTS, UM, ESPECIALLY ON AMERICANS OF COLOR.

AND, UM, I DON'T KNOW IF YOU SAW, I, I THINK IT WAS JUST A FEW WEEKS AGO AND I THOUGHT IN THE WASHINGTON POST, IT PROBABLY WASN'T ALL DIFFERENT NEWS SOURCES, BUT THERE WAS A, UM, AN ARTICLE THAT WAS JUST HIGHLIGHTING WORK THAT I THINK FIVE UNIVERSITIES, UM, RELEASE THERE, THEY WERE JUST PUBLISHED, THEY WORKED TOGETHER AND THAT WAS AN ARTICLE ON, UM, PM 2.5 AND ITS IMPACTS THAT I THINK MUST'VE JUST GOTTEN PUBLISHED LIKE THAT WITHIN A MONTH.

YEAH, I SAW IT, IT, THEY HAD A, ONE OF THE WEBSITES THAT ARE NICE GRAPHIC ON THEM HIGHLIGHTING HOW EACH RACIAL GROUP GROUP AND EACH EMISSION SOURCE WERE DISPROPORTIONATELY IMPACTED COMPARED TO NON HISPANIC WHITES.

YEAH.

.

AND AS YOU ALREADY MENTIONED, LIKE WITH OZONE ALREADY BEING A CONCERN FOR THE CITY AND HOW THE TWO CAN SORT OF EXASPERATE, UH, BUT YOUR, THE AIR QUALITY STANDARDS, UM, UH, TOGETHER IN THE ATMOSPHERE.

SO, UM, THAT, SO I DO HAVE A QUESTION.

I JUST LEARNING ABOUT HOW THIS PROCESS WORKS.

AND YOU MENTIONED THAT THERE WILL BE COMMITMENTS MADE, I GUESS ONCE THIS IS PRESENTED TO COUNCIL.

AND I WAS JUST CURIOUS AS TO LIKE WHERE THE FUNDING FOR THIS TYPE OF WORK, UM, IS ABLE TO COME FROM ONCE THEY DECIDE THAT THEY, YOU KNOW, THAT EMISSION REDUCTION MEASURES SHOULD, SHOULD, YOU KNOW, INDEED, UH, YOU KNOW, GO FORWARD.

YEAH.

UM, SO THE FUNDING FOR OUR PM 2.5 WORK, AND THEN, UM, ANY EMISSION REDUCTIONS THAT MEMBERS WISH TO CHOOSE, UM, COMES FROM THOSE MEMBER ORGANIZATIONS.

SO, UH, IF ANY EMISSION REDUCTIONS AT THE CITY OF AUSTIN WOULD LIKE TO DO, AND, UM, THEY HAVE A PRICE IF THEY HAVE A PRICE TAG ATTACHED TO THEM, UM, THAT WOULD BE ON THE CITY OF AUSTIN AND THERE ARE POTENTIAL GRANT OPPORTUNITIES.

AND, UM, THERE ARE SOME INTERESTING BILLS RIGHT NOW GOING THROUGH THE LEGISLATOR THAT MIGHT ADD FUNDING FROM THE TCEQ FOR THOSE MISSION PRODUCTIONS IN THE FUTURE, DID THEY ALL HAVE TO AGREE OR, YOU KNOW, YOU KNOW, THE CITY OF AUSTIN COULD AGREE TO, TO TAKE SOME MEASURES AND FUNDED AND THEY DON'T DO THAT.

DOES IT HAVE TO BE LIKE COLLECTIVE? NO, EACH JURISDICTION DECIDES WHAT THEY'D LIKE.

AND THEN AT THE END OF THE DAY, IT'S ALL VOLUNTARY.

SO, UM, YOU KNOW, IF SOMETHING CAN'T BE DONE, THERE'S NO PENALTY, YOU KNOW, FROM US OR FROM OUR END.

UM, AND EACH JURISDICTION DECIDES WHAT THEY'D LIKE INDIVIDUALLY TO TAKE.

AND THEN ALL OF THOSE ARE INCORPORATED IN THE PLAN TO UNDERSTAND THE COLLECTIVE EMISSION REDUCTIONS FOR THE REGION.

YEAH.

AND I'LL JUST, I'LL JUST ADD A LITTLE BIT OF PERSPECTIVE FROM, FROM THE CITY ON THAT.

UM, SO, YOU KNOW, A LOT OF THE CONVERSATIONS, I TALKED TO A LOT OF DIFFERENT DEPARTMENTS ABOUT THIS AS WE WERE TRYING TO GET THIS TO MOVE FORWARD.

AND, UM, THERE ARE A LOT OF, YOU KNOW, MEASURES RELATING TO THIS THAT WE DO.

THERE ARE SOME THAT, YOU KNOW, WOULD BE VERY, UM, YOU KNOW, EASY TO DO AND IMPLEMENT AND, AND, YOU KNOW, LIKE FOR EXAMPLE, MAKING SURE TO LOOK AT THE, AT THE PM FORECAST AND IF IT'S A HIGH PM DAILY, IF FEASIBLE, UM, YOU KNOW, TAKING A LOOK AT THAT BECAUSE A LOT OF THESE TYPES OF OPERATIONS HAVE, UM, TYPICALLY LOOKED AT OZONE ACTION DAYS, BUT NOT NECESSARILY UNHEALTHY FOR SENSITIVE GROUP DAYS, UM, RELATING TO PM.

UM, SOME OF THIS IS JUST INCORPORATING THIS INTO OUR OUTREACH AND EDUCATION AND CREATING MATERIALS AND WORKING WITH LIKE WEBINARS SERIES THAT WE DO THROUGH US IN ENERGY GREEN BUILDING.

UM, I THINK IN SOME CASES WHERE THINGS WOULD GET MORE, UM, YOU KNOW, COST IMPACTED, THEN THEN WE'D

[00:30:01]

HAVE TO SEE THAT OVER TIME.

BUT WE'RE KIND OF LOOKING AT THIS AS A PROCESS.

IT'S LIKE, WHAT CAN WE DO NOW? WHAT DO WE NEED TO LEARN MORE? AND SOMETHING THAT CAP CLUB DID THAT WAS REALLY HELPFUL WAS PROVIDE AN ACTUAL LIST OF WHAT OTHER JURISDICTIONS HAVE DONE AND THEN AN ESTIMATED COST FOR WHAT SOME OF THESE TYPES OF IMPLEMENTATION OR WHAT THE IMPLEMENTATION FOR SOME OF THESE MEASURES WOULD LOOK LIKE, UM, AND HOW IT RELATES TO LIKE THE EMISSION IMPACT.

SO IT'S LIKE WHAT'S THE COST FOR, FOR EMISSION REDUCTION.

AND SO WE HAVE THAT INFORMATION TO REFER TO AS WELL.

GREAT.

THANK YOU.

THANKS FOR, THANKS FOR THE PRESENTATION Y'ALL I REALLY APPRECIATE IT.

AND I GUESS I'M JUST WONDERING IF YOU ALL COULD EXPAND A LITTLE BIT ON KIND OF THE EMISSIONS REDUCTIONS GOALS THAT I'M ASSUMING ARE RELATED TO, YOU KNOW, TRANSPORTATION, DEMAND MANAGEMENT AND, YOU KNOW, GETTING MORE PROS UP THE ROAD, GETTING MORE FOLKS TO UTILIZE DIFFERENT MOBILITY OPTIONS, BUT ALSO, YOU KNOW, ESPECIALLY AS FAR AS WE'RE CONCERNED IN TERMS OF THE AIR QUALITY GOALS, YOU KNOW, WHAT MITIGATIONS CAN HAPPEN ON THE GROUND.

UM, YOU KNOW, AND WE'VE EVEN TALKED AS A COMMISSION AND PAM, THIS IS SOMETHING THAT I KNOW YOU'VE BEEN EXCITED ABOUT THE PAST, LIKE HOW WE CAN TIE SOME OF THE DECISIONS WE MAKE HERE, LIKE AROUND PLANNING AND DEVELOPMENTS AND THINGS LIKE THAT TO THE, UM, AIR QUALITY IMPACTS OF THOSE DEVELOPMENTS AND ACTUALLY INCREASED TREE MITIGATION BASED ON, BASED ON SOME OF THAT.

SO LIKE, I GUESS I'M CURIOUS ABOUT, ABOUT WHERE WE STAND ON AN AD AND WHAT Y'ALL'S OPINIONS ARE ON, ON WHAT WE CAN BEST DO AS A COMMISSION TO MOVE SOME OF THAT THINKING FORWARD, KATIE, TO CLARIFY, ARE YOU ASKING ME A QUESTION OR THE COMMISSION? NO, I'M, I'M ASKING, I'M ASKING YOU AND, YOU KNOW, BASED ON KIND OF THE FRAMING I JUST OFFERED, I'M CURIOUS ABOUT Y'ALL'S OPINIONS.

YEAH.

SO IN TERMS OF TRANSPORTATION, UM, PM 2.5 REALLY COMES FROM HEAVY DUTY VEHICLES, UM, ON, ON THE ROAD.

AND SO, UH, WE ALREADY HAVE A LARGE FOCUS, UM, ON REDUCING EMISSIONS FROM VEHICLES IN OUR PLAN, UM, BECAUSE E UH, VEHICLE EMISSIONS ARE A MAJOR PRECURSOR TO OZONE FORMATION.

AND SO, UM, A LOT OF OUR JURISDICTIONS ARE ALREADY DOING, UH, THINGS TO REDUCE VEHICLE EMISSIONS, MAINLY ACCELERATE FLEET TONE TURNOVER, REPLACING OLDER DIRTIER VEHICLES WITH NEWER ONES THROUGH GRANT FUNDING.

AND AS YOU KNOW, LIKE A CAT IS COMPLETELY TRANSITIONING IN THEIR FLEET TO ELECTRIC VEHICLES.

AND SO THOSE BUSES, DIESEL BUSES ARE ALSO A LARGE SOURCE OF A PM POLLUTION OR A SOURCE OF PINON POLLUTION, I SHOULD SAY.

AND SO, UH, WHAT WAS THE SECOND PART OF YOUR QUESTION? AND THEN I THINK I JUST WANTED TO HEAR A LITTLE BIT MORE ABOUT HOW Y'ALL ARE THINKING ABOUT MITIGATION RATHER THAN EMISSIONS REDUCTION.

AND WE FEEL IN TERMS OF OUR ACTIONS, UM, OUR, I WOULD SAY OUR MAIN MINI MITIGATION STRATEGY THAT WE HAVE RIGHT NOW IS, UM, UNDERSTANDING THEME 2.5 AND GETTING MORE MONITORS AND SENSORS OUT IN THE REGION.

SO, UH, WE CURRENTLY HAVE, UM, LOW COST PURPLE AIR SENSORS AT OUR OZONE MONITORING STATIONS.

AND WE ARE PLANNING TO PURCHASE MORE, TO INSTALL AROUND, TO UNDERSTAND WHAT PMT 0.5 IS ACTUALLY IN CERTAIN AREAS.

BECAUSE AS I MENTIONED BEFORE, WE REALLY ONLY HAVE THE, UH, THREE TRAVIS COUNTY MONITORS TO UNDERSTAND WHAT'S GOING ON.

AND WE KNOW THAT, UH, YOU KNOW, AIR POLLUTION VARIES AND, UH, RIGHT NOW US, UM, AND THEN OUTREACH AND EDUCATION TO, UH, EDUCATE THE PUBLIC ABOUT THE HEALTH EFFECTS OF PM 2.5 AND ENCOURAGE PEOPLE TO CHECK THE AIR QUALITY INDEX DAILY, ESPECIALLY IF YOU'RE A SENSITIVE GROUP TO AIR POLLUTION.

UM, BUT I DO.

IS THERE ANYONE ELSE THAT HAS A COMMENT THEY WOULD LIKE TO SAY, YES, THIS IS COMMISSIONER BRIMER.

UM, I HAVE A QUESTION ABOUT THE EDUCATION OF THE PUBLIC, UM, UNTIL THIS PRESENTATION, I WASN'T REALLY AWARE OF THIS, UH, PROJECT.

AND, UH, YOU KNOW, I UNDERSTAND THAT THERE'S, UH, YOU KNOW, INFORMATION ON THE INTERNET ABOUT THIS, BUT THERE'S A LOT OF PEOPLE WHO DON'T CHECK THE INTERNET ON A REGULAR BASIS FOR INFORMATION SUCH AS THIS, UH, OR DON'T HAVE ACCESS TO THE INTERNET ON A REGULAR BASIS.

UH, WHAT ARE YOU DOING TO, UM, YOU KNOW, MAKE OTHER EFFORTS TO REACH OUT TO THE PUBLIC AND MAKE THEM AWARE OF AIR QUALITY, UH, YOU KNOW, ISSUES THAT MIGHT BE IMPACTING THEM ON A REGULAR BASIS? YEAH, THAT'S A GREAT QUESTION.

SO,

[00:35:01]

UH, I WOULD LIKE TO CLARIFY THAT OUR AIR CENTRAL TEXAS WEBSITE IS BOTH FULLY AVAILABLE IN ENGLISH AND SPANISH.

WE DO HAVE A RADIO ADS ALONG WITH INTERNET ADS THAT ARE IN INTERNET, THAT ARE IN THE INTERNET THAT ARE IN ENGLISH AND SPANISH AS WELL.

UM, PRE PANDEMIC, WE DID A LOT OF TABLING AT COMMUNITY EVENTS ALL AROUND THE FIVE COUNTY MSA TO REACH OUT TO PEOPLE WHO GO TO EARTH DAY FESTIVALS, UM, THE ELEGANT HAWKEYE FESTIVAL IN BASTROP COUNTY.

AND, UM, WE ARE STARTING TO WORK WITH LOCAL UNIVERSITIES TO HELP, UH, THEM SPREAD THE WORD ABOUT, UH, AIR QUALITY AWARENESS AS WELL WITHIN THEIR UNIVERSITY POPULATION AND THEN THEIR SURROUNDING COMMUNITY.

THANK YOU.

ANYONE ELSE HAVE A COMMENT? I HAD ONE QUESTION.

AND THEN KEVIN, MY QUESTION WAS, IT SAID THAT YOU HAD ON YOUR CHART HERE.

IT SAID MOBILE AND STATIONARY, UM, SOURCES.

SO I'M WONDERING IF, UM, WHEN THE STATE HIGHWAY, UM, IS IN OUR REGION AND THEY ARE BUILDING, UM, IF THERE'S A MONITOR PUT THERE OR IF THEY COMPLY WITH, UM, BECAUSE THIS IS A REGIONAL PLAN.

SO I'M JUST WONDERING, AND I'LL GIVE YOU, UM, AN EXAMPLE WHEN ONE 83 WAS BUILT, IT'S LESS THAN AS THE CROW FLIES.

IT'S A LITTLE OVER A MILE, BUT DEFINITELY NOT ONE AND A HALF MILES.

AND I HAD TO CHANGE MY AIR CONDITIONING FILTER IN EIGHT DAYS ONCE IT WAS REALLY BAD.

SO I KNOW THAT THEY DO A LOT, BUT I'M WONDERING, UM, I'M WONDERING IF THEY WOULD COMPLY.

AND, UM, THE CEMENT THING THAT THEY HAD IN THE MIDDLE OF THE ROAD IS I THINK WHAT THE PROBLEM WAS BECAUSE IT'S LESS THAN, I THINK IT'S OVER THREE, BUT NOT QUITE FOUR MILES FROM MY HOUSE AS WELL.

SO WHEN THEY WERE DOING ALL OF THAT, UM, SO I'M WONDERING, I DON'T KNOW HOW TO AFFECT THAT, BUT I I'M WONDERING WHAT EFFECT THAT HAS ON US AS A REGION OVER A PERIOD OF TIME, UM, WITH CONSTRUCTION.

AND I'M WONDERING IF IT'S CONSIDERED STATIONARY OR MOBILE.

AND I WONDER IF YOU HAVE MOM MENTORS THERE TO KIND OF TELL THEM TO, UH, TRY SOMETHING DIFFERENT.

SURE.

SO, UM, CONSTRUCTION WOULD BE CONSIDERED IN AREA SOURCE BECAUSE, UM, THE POLLUTION AFFECTS A WIDE AREA.

UM, WE DO NOT HAVE ANY MONITORS IN THOSE AREAS, WHOEVER THE TCQ OPERATES, WHAT THEY CALL THEIR NEAR ROAD MONITOR, WHICH IS AT THE INTERCHANGE OF 35 AND HIGHWAY ONE 83.

AND IT'S POSITIONED TO MEASURE THE WORST AIR POLLUTION FROM THE HIGHWAY.

AND THAT MONITOR HAS NOT RECORDED LEVELS THAT ARE IN VIOLATION OF THE NATIONAL AMBIENT AIR QUALITY STANDARDS.

AND I AM UNSURE ABOUT THE MONITORING REQUIREMENTS THAT WILL BE FOR THIS EXPANSION.

BUT I IMAGINE THAT THERE USUALLY ARE SOME BECAUSE THEY'RE, UM, THEY HAVE TO SHOW THAT IT WON'T ADVERSELY AFFECT AIR QUALITY DURING THE CONSTRUCTION.

THANK YOU.

YOU'RE WELCOME.

I HAD ONE QUESTION ABOUT, I GUESS PM 2.5 AND PM 10.

IS IT SEASONALITY TO WHEN IT'S WORST? KIND OF LIKE, I THINK WE MIGHT HAVE A LITTLE BIT BETTER UNDERSTANDING OF OZONE EASON OR OZONE ACTION DAYS KIND OF WEN UP IN, BUT IS THERE A SEASONALITY TO THE PARTICULATE MATTER? UM, UM, UNLIKE OZONE, WHICH THERE IS USUALLY WHAT WE CALL AN OZONE SEASON, WHICH IS FROM MARCH NOVEMBER, WHEN WE EXPECT TO SEE ELEVATED LEVELS OF OZONE, THERE IS NOT A SEASONALITY TO PM.

UM, WE GET MODERATE DAYS THROUGHOUT THE YEAR, STARTING IN JANUARY ALL THE WAY THROUGH CHRISTMAS.

THERE THERE CAN BE MODERATE PM DAYS.

UM, WE SEE VERY FEW UNHEALTHY FOR SENSITIVE GROUP DAYS, BUT IN THE PAST YEAR, SOME OF THOSE DAYS HAVE BEEN RECORDED.

AND AS I MENTIONED, WE HAD A VERY RARE UNHEALTHY DURING THIS SAHARA DUST EVENT, WHICH THAT IS SEASONAL WE CAN EXPECT.

AND, UM, LATE JUNE, EARLY JULY, THAT THAT SAID HAIR AND DUST WILL COME OVER AND CAUSE ELEVATED PM LEVELS.

AND SO THE BEST WE CAN DO DURING THAT TIME IS INCREASE OUTREACH AND EDUCATION FOR PEOPLE TO AVOID EXPOSURE.

THANKS.

AND I JUST HAD ONE LAST QUESTION AND THAT'S UM, WHERE IS THE BEST PLACE FOR CITIZENS TO LOOK AND FIND, YOU KNOW, THE, THE CURRENT AIR QUALITY OR WHAT MAY BE AIR QUALITY FORECAST

[00:40:01]

FOR A DAY OR A WEEK, OR WHERE SHOULD PEOPLE BE LOOKING FOR THAT? YEAH, GO TO AIR NOW.GOV AND YOU CAN GET THE REAL TIME AIR QUALITY INDEX, AND THEN YOU CAN ALSO GET THE FORECAST FOR THE NEXT FEW DAYS.

THANK YOU.

YOU'RE WELCOME.

UH, REALLY APPRECIATE THIS PRESENTATION.

UM, AS A COMMISSIONER, I JUST WANT TO SAY THAT, UM, WHAT WE'RE LACKING IS REGULATIONS MANDATES SOMETHING THAT WE AS COMMISSIONERS STRUGGLE WITH WHEN IT COMES TO CONDITION REGARDING THE AIR QUALITY.

AND SO AT ONE LEVEL, I'M, I'M THRILLED ABOUT THE MOVEMENT ON THE OTHER LEVEL.

AGAIN, WE STRUGGLE BECAUSE WE NEED REGS, WE NEED MANDATES, WE NEED TO MOVE MUCH FASTER SO THAT THERE'S, YOU KNOW, ACROSS THE BOARD, YOU KNOW, UH, MANDATED, UM, SITUATIONS THAT WE CAN CUT OUR TEETH INTO, IF YOU KNOW WHAT I'M TRYING TO SAY.

AND IT GOES BACK TO MITIGATING LIKE, UM, COMMISSIONER COIN WAS MENTIONING, WE HAVE NOTHING.

IT'S, IT'S VERY FRUSTRATING BECAUSE WE NEED, UM, ALL OF THIS GROUP TO STEP UP AND MOVE QUICKLY ON ACTUAL LAWS TO BE PASSED ON AIR QUALITY.

BUT THANK YOU FOR ALL YOUR INFORMATION.

YOU'RE WELCOME.

AND AS I WOULD LIKE TO KNOW THAT, THAT THERE ARE A NUMBER OF BILLS RIGHT NOW IN THE LEGISLATOR, UH, RELATING TO PM FROM MINING AND QUARRY OPERATIONS.

I KNOW THAT'S THE MAIN CONCERN PEOPLE IN WILLIAMSON COUNTY AND, UM, HOPEFULLY IF THOSE GO THROUGH, THEY WILL REQUIRE THOSE MINES AND QUARRIES TO INSTALL PM MONITORS TO UNDERSTAND THE LEVELS COMING FROM THOSE PLACES.

I THINK I HAVE ONE MORE COMMENT.

UH, YES.

THANK YOU.

I, THAT ONE ADDITIONAL COMMENT AND ABOUT HOW THE HEALTH IMPACTS OF PM 2.5 IN, IN OTHER AIR POLLUTANTS, UM, OTHER DIRECTLY RELATED TO EXPOSURE, YOU KNOW, WITHIN THE COMMUNITY.

SO, AND THIS IS KIND OF COUPLING ON TOP OF SEVERAL OTHER COMMENTS, BUT I WOULD JUST ENCOURAGE, UM, AS THIS, AS THIS PROCESS CONTINUES, UM, FOR THERE TO BE, I GUESS, AND I, YOU KNOW, IF YOU WANT TO, I KNOW WE'RE GETTING CLOSE TO RUNNING OUT OF TIME, PROBABLY HERE, BUT, UM, I GUESS, YOU KNOW, ENCOURAGED TO WHEN I GUESS, UM, COUNCIL OR YOUR WORKING GROUPS, OR, YOU KNOW, COMING UP WITH THE ACTION PLAN TO, UM, LOOK CLOSELY HOW THAT IS TIED TO, UH, MEMBERS LIKE, YOU KNOW, THE POPULATION, YOU KNOW, WITH, WITHIN THE COMMUNITY.

UM, I THINK I'VE HEARD A LITTLE BIT ABOUT POTENTIAL, UM, EFFORTS TO DO WHAT YOU'RE CALLED QUALITY MAPPING.

AND, AND I WAS, I'M ASSUMING THAT THAT, UM, IS, CAN BE USED TO, TO OVERLAY AND SEE WHERE PEOPLE ARE LIVING.

SO WERE THE, YOU KNOW, THE, THE HIGHEST AMOUNT OF EXPOSURE WOULD OCCUR BECAUSE SOME, CAUSE IT SEEMS THAT SOME OF THE LARGEST SOURCES, SOURCES OF POLLUTION COULD POTENTIALLY BE IN AREAS THAT ARE MORE, YOU KNOW, MORE RURAL.

UM, IF IT'S SOME OF THE PRESCRIBED BURNING OR SOME THINGS LIKE THAT, WHERE, WHERE PEOPLE, UM, YOU KNOW, THERE WOULD BE SOME SORT OF JUST NATURAL MITIGATION FROM DISTANCE.

SO I JUST WANTED TO, TO, YOU KNOW, HIGHLIGHT THAT AND, UM, DIDN'T KNOW IF YOU WANTED TO FOLLOW UP ON THAT, BUT JUST ON THE, UM, IMPORTANT RELATIONSHIP BETWEEN WHERE THE PEOPLE ARE AND WHERE THE SOURCE OF THE POLLUTION IS.

YEAH.

SO WE ACTUALLY, UM, IN SUPPORTING THIS WORK, WE GOT SOME MODELING FROM THE EPA AND THESE ARE IN 12 KILOMETER GRID CELLS.

SO IT'S A VERY LARGE, UM, YOU KNOW, AREA, BUT WE FOUND THAT THE HIGHEST LEVELS OF PMR IN THE AUSTIN URBAN CORE AND IN THE EAST, ON THE EAST SIDE OF AUSTIN.

SO EVEN MORE REASON TO PUSH FORWARD WITH THE WORK.

YEAH, EXACTLY.

THIS IS COMMISSIONER BRISTOL AND, UM, REALLY QUICK, FIRST OFF THIS, THIS PRESENTATION BEEN VERY ENLIGHTENING AND, UM, AND THANK YOU BOTH, UM, FOR BRINGING IT FORWARD.

UM, WHAT WOULD YOU LIKE FROM US? UM, IS THERE SOMETHING THAT WE CAN PUT FORWARD, UM, YOU KNOW, IS THERE SOME SORT OF RESOLUTION OR SOMETHING THAT, UM, WOULD HELP YOU ALL IN YOUR PROCESS? SURE.

SO I'M GONNA LET PHOEBE TAKE THAT QUESTION.

HI, THANK YOU.

UM, SO THE JSE DID, UM, PASS A RECOMMENDATION THAT WAS VERY GENERAL, VERY HIGH LEVEL, UM, ABOUT, YOU KNOW, SUPPORTING THIS PROCESS.

AND, UM, I THINK THERE WERE SOME NOTES ABOUT LOOKING AT THE HIGHEST LEVEL.

SO, UM, YOU KNOW, IN THAT CHART THAT CHRISTIAN SHOWED CONSTRUCTION DUST ROW DUST, OPEN BURNING, BEING SOME OF THE BIGGEST SOURCES.

UM, SO THIS, SO THEY KEPT IT VERY, YOU KNOW, SHORT IN GENERAL BECAUSE, UM, AS I MENTIONED, THE

[00:45:01]

DOCUMENTS AND THE RESOLUTION IS NOT RELEASED YET.

AND, YOU KNOW, TO ACTUALLY SHOW YOU ALL THE LANGUAGE TO, TO WORK OFF OF.

UM, SO YOU ARE MORE THAN WELCOMED TO, UM, SAY THAT.

AND OF COURSE, ANYTHING ELSE THAT, THAT CAME UP, UM, AND, AND, YOU KNOW, CHRISTIAN PROVIDED SOME, SOME GREAT ANSWERS, BUT WHEN IT COMES TO, YOU KNOW, UH, PERSON TO PERSON ENGAGEMENT AND LOOKING AT MAPPING AND EXTENDED EXPANDED MONITORING, WE'RE EXPLORING ALL OF THOSE OPTIONS.

UM, WE KNOW WHEN WE HAVE MAPS UP, YOU KNOW, WHERE ASTHMA RATES ARE HIGHEST, IT'S IN THE EASTERN PRECEDENT, WE KNOW WHERE COPT IS HIGHEST.

AGAIN, IT'S A LOT OF THESE MAPS THAT WE SEE OF, UM, PERSISTENT INEQUITIES ACROSS A LOT OF DIFFERENT SOCIETAL AND HEALTH, UM, CONDITIONS.

AND SO, AND SO THAT'S CERTAINLY PART OF OUR PROCESS.

AND SO WE WILL KEEP YOU ALL UPDATED AS WE MOVE FORWARD ON THAT AND IN ANY IMPLEMENTATION OF THIS.

SO I JUST WANTED TO ADD THAT AS A LAST NOTE.

THANK YOU.

AND WE DO HAVE A MOTION THAT WE'RE GOING TO LOOK AT THIS EVENING REGARDING THIS, UM, ITEM.

MADAM CHAIR.

I HAVE A MOTION IF YOU WANT ME TO READ IT FOR DISCUSSION.

THANK YOU.

ALL RIGHT.

THAT'S A DRAFT RECOMMENDATION, I GUESS.

UM, WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT CAP COD CURRENTLY MAINTAINS THE 2019 TO 2023 AUSTIN ROUNDROCK GEORGETOWN MSA REGIONAL AIR QUALITY PLAN AND WHERE AS THE ENVIRONMENTAL COMMISSION RECOGNIZES, THE PLAN CURRENTLY FOCUSES ON OZONE POLLUTION.

AS THE REGION HAS BEEN CLOSE TO VIOLATING OZONE AX LEVELS FOR SEVERAL YEARS.

AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT THE CENTRAL TEXAS CLEAN AIR COALITION HAS DECIDED TO UPDATE THE REGION'S VOLUNTARY AIR QUALITY PLAN TO INCLUDE ADDITIONAL MEASURES TARGETED AT REDUCING REGIONAL PM.

2.5 AIR POLLUTION AT ADVANCING AWARENESS OF PM.

AIR POLLUTION.

THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS UPDATING THE REGIONALS VOLUNTARY AIR QUALITY PLAN TO INCLUDE ADDITIONAL MEASURES TARGETED AT RE PM 2.5 AIR POLLUTION AND WEARNESS OF THEME OF PM.

AIR POLLUTION.

ADDITIONALLY, THE ENVIRONMENTAL COMMISSION RECOMMENDS THE CITY OF AUSTIN IMPLEMENT PM 2.5 EMISSION REDUCTION, BEST MANAGEMENT PRACTICES FOR CITY OF AUSTIN CONSTRUCTION PROJECTS.

SECOND, WE HAVE A MOTION ON THE TABLE AND A SECOND FROM COMMISSIONER BEDFORD.

IS THERE ANY FURTHER DISCUSSION ON THIS MOTION? I THINK THE ONLY THING I WOULD CHANGE WAS, UM, YOU MENTIONED, UH, AUSTIN ROUNDROCK GEORGETOWN, BUT IT'S REALLY THE FIVE COUNTY REGION, ISN'T IT? YES.

IT'S THE AUSTIN ROUND ROCK GEORGETOWN METROPOLITAN STATISTICAL AREA, WHICH COMPRISES THE FIVE COUNTIES.

OKAY.

SO YEAH, I JUST WANT TO MAKE SURE THE FIVE COUNTIES, WERE THERE ANY, ANY OTHER DISCUSSION BEFORE WE GO TO A VOTE? ALRIGHT, I'LL DO ROLL CALL PLEASE.

COMMISSIONER THOMPSON.

YES.

YES.

COMMISSIONER COMMISSIONER YES.

YES.

COMMISSIONER BRISTOL.

YES.

COMMISSIONER RAMBERT.

YES.

COMMISSIONER GUERRERO.

YES.

COMMISSIONER BRIMER YES.

LET ME FOR A BEDFORD.

YES.

EXCELLENT.

JUST CURIOUS.

OH, THANK YOU SO MUCH FOR YOUR PRESENTATION.

WE VERY MUCH ENJOYED IT.

YOU'RE WELCOME.

THANK YOU FOR HAVING ME HERE.

ALL

[3a. Consider a request from a private property owner, Patrick Fulker to appeal the Urban Forester’s denial of application for an administrative approval, as provided for in City Code Section 6-3-91, to remove public trees located at 13213 Villa Park Drive, Austin, Texas 78729]

RIGHT.

NEXT UP ON OUR AGENDA IS A PUBLIC HEARINGS.

WE HAVE FIRST, UH, THREE, A CONSIDER REQUEST FROM A PRIVATE PROPERTY OWNER, PATRICK VOLKER TO APPEAL THE URBAN FORESTERS DENIAL OF AN APPLICATION FOR THE ADMINISTRATIVE APPROVAL AS PROVIDED FOR AND AUSTIN CODE SECTION SIX DASH THREE DASH 91, FREMONT PUBLIC TREES LOCATED AT ONE THREE, TWO ONE THREE VILLA PARK DRIVE, AUSTIN, TEXAS SEVEN EIGHT SEVEN TWO NINE.

UH, WE HAVE A COUPLE OF PEOPLE HERE TO PRESENT.

WHO'S GOING FIRST.

IT WAS STAFF GOING FIRST WITH THE PRESENTATION.

I CAN RECOMMEND THAT WE HEAR FROM THE APPLICANT, THE APPLICANT FIRST HEAR

[00:50:01]

FROM THE APPLICANT FIRST HE'S ONLINE, CORRECT? YES.

MA'AM I'M HERE.

CAN YOU GUYS HEAR ME? WE CAN'T YES.

PLEASE INTRODUCE YOURSELF.

UH, YES.

MY NAME IS PATRICK VOLKER.

I'M THE PROPERTY OWNER AT THE ADDRESS DESCRIBED AT THE BEGINNING.

UM, I'M HERE TO JUST PRESENT MY CASE.

I'VE BOUGHT SOME OF YOU, THESE COMMISSION MEMBERS MIGHT REMEMBER ME FROM THE NOVEMBER, 2020 20 MEETING, WHERE I TRIED TO PRESENT MY CASE.

UM, I'M RETURNING A SLIGHTLY DIFFERENT OPTION THAT I THINK IS REASONABLE.

AND I'M JUST, I'M JUST HOPING YOU GUYS CAN HEAR ME OUT AND HOPEFULLY WE CAN, WE CAN COME TO A SOLUTION THAT, THAT RESOLVES MY ISSUES WITH THIS TREE.

PATRICK, WE HAVE YOUR PATRICK, DO WE HAVE YOUR PRESENTATION UP? IT SAYS REQUEST FOR A MODIFIED OPINION ON THE URBAN FORESTERS DECISION.

SO PLEASE JUST TELL US WHEN TO ADVANCE SLIDES AND YOU WILL HAVE FIVE.

OKAY.

GO TO THE NEXT SLIDE.

THIS IS JUST A SUMMARY OF WHAT I'M ASKING TO DO.

I'M ASKING TO REMOVE THE TREE AT MY OWN EXPENSE.

I'M ASKING TO PLANT A HERITAGE SPECIES TREE ON MY OWN PROPERTY TO 4K A FEED, THE TYPICAL MITIGATION THING.

UM, THIS, THIS RESOLUTION WILL PREVENT ANY MORE DAMAGE TO THE CITY'S INFRASTRUCTURE AND MY PIPES.

UM, THIS SOLUTION IS NO COST TO THE CITY OF AUSTIN.

SLIDE THREE.

THIS IS JUST AN EXAMPLE OF THE SPOKANE WASHINGTON MUNICIPAL CODE, UH, THEIR UTILITIES AND SERVICES ORDINANCE HERE, UH, DETERMINED COTTONWOOD TREES ARE A NUISANCE AND IT SAYS PLANTING THEM ANYWHERE, BASICALLY WITHIN 50 FEET OF ANY PIPES OR ANYWHERE NEAR ROADWAYS, UH, WHERE THEY CAN DESTROY, UH, YOU KNOW, SEWERS, PIPES AND HYDRANTS IS, IS PROHIBITED.

AND MY POINT OF SHOWING THIS IS, UH, IF YOU LOOK AT MY BACKUP MATERIAL, THE FIRST 19 SLIDES I'M GIVING YOU IS ARTICLES AND MUNICIPAL CODE THAT SHOWS HOW COTTONWOOD TREES ARE NOTORIOUS FOR BEING A PROBLEM.

AND SO ONE OF THE BIGGEST THINGS I'M TRYING TO PRESENT IS THAT I GET PEOPLE'S UNDERSTANDING OF WHAT'S GOING ON HERE.

IF YOU GO TO THE NEXT SLIDE, UH, THIS IS THE CITY OF FRANKLIN, WISCONSIN, AND THEY'RE PROHIBITING COTTONWOOD TREES HERE, BUT THEY'RE DOING IT FOR A DIFFERENT REASON.

THEY'RE DOING IT BECAUSE THE FUZZ IS SO PROBLEMATIC.

AND I SUFFER FROM THAT PROBLEM AS WELL, WHICH I, I, YOU KNOW, I'VE TRIED TO PRESENT AS WELL.

LAST TIME I WAS HERE.

SO TH THIS TREE, THE FUZZ IS INUNDATING.

MY AC, IT'S AN EXTREME FIRE HAZARD.

IT'S GETTING MY BREAKER BOX AND IT'S OVERALL JUST A GENERAL MESSY NUISANCE.

UH, THE, THE ROOTS, HOWEVER, ARE BREAKING MY PIPES AND THEY CONTINUE TO DO SO.

SLIDE FIVE.

THIS IS THE IOWA GENERAL ASSEMBLY.

SO IN IOWA, THEY'VE TACKLED THIS AT THE STATE LEVEL.

THE STATE LEGISLATURE OF IOWA SAID COTTONWOOD TREES ARE A PUBLIC NUISANCE IN EVERY CITY IN THE STATE SLIDE.

SIX IS JUST AN EXAMPLE OF AN ARTICLE THAT AGAIN, TALKS ABOUT COTTONWOOD TREES.

THEY DROP LARGE BRANCHES, A LARGE BRANCH ALMOST FELL ON ME AND MY DAUGHTER.

THAT'S ANOTHER REASON I'M VERY ANXIOUS ABOUT THIS TREE.

IT ALSO TALKS ABOUT THE ROOTS BREAKING PIPES.

AND AGAIN, I'VE PRESENTED MULTIPLE OTHER ARTICLES, SLIDE SEVEN.

THIS IS MY PROPERTY.

AND THERE WAS A 20TH STREET AND A 34 STREET.

THIS WHOLE THING STARTED.

I FILED A PERMIT.

IT CAN, THESE WERE MY TREES TO REMOVE THEM BECAUSE THEY WERE VERY PROBLEMATIC.

I WAS EXPECTING TO GET A PERMIT AND SOME MITIGATION, YOU KNOW, INSTRUCTIONS.

AND THAT WOULD HAVE BEEN IT, BUT THE CITY SAYS THEY OWN THE STREETS AND I HAVE TO GO THROUGH THIS PROCESS.

SO I JUST WANT TO TALK ABOUT HOW THEY AGREED TO REMOVE THE 34 INDUSTRY.

THEY AGREED THAT IT WAS A SHORTING, MY PIPES, BUT THEN SAID, THAT'S NOT TRUE FOR THE 20TH STREET.

SLIDE EIGHT, AGAIN, JUST SUMMARIZE, UH, WHAT'S GOING ON.

UH, LISA CALENDER, THE URBAN FORESTER WHEN I REACHED OUT TO HER ABOUT MY SITUATION WAS IMMEDIATELY DISMISSIVE OF MY FACTS.

IF YOU GO TO SLIDE NINE, THIS IS AN EMAIL FROM MAY 24TH OF 2020.

UH, I REACHED OUT TO LISA ON THE PHONE.

I JUST EXPLAINED TO HER MY SITUATION.

SHE HAD NEVER SEEN THESE TREES.

SHE NEVER BEEN TO MY PROPERTY.

AND IF YOU LOOK IN THE HIGHLIGHTED AREA, SHE'S LIKE, THESE TRIGGERS ARE NOT CRUSHING OR CRACKING YOUR WATER LINE.

AND SHE'S TELLING ME, WHAT'S WHAT SHE'S TOLD ME.

WHAT'S GOING ON ON MY PROPERTY.

HAVING NEVER BEEN THERE.

AND THEN SHE SAYING, BRING IT UP WITH YOUR DISTRICT COUNCIL.

I DID.

I HAD TO GO TO THE DISTRICT COUNCIL TO EVEN GET MY APPEAL HEARD.

UH, SLIDE 10 IS SHOWING A PICTURE OF WHAT THE ROUTES ARE DOING TO MY SITES.

SLIDE 11 IS A FURTHER PICTURE AND SLIDE 12 AS WELL.

YOU CAN SKIP THROUGH IT.

THESE ARE JUST SHOWING THAT MY PIPE IS EMBEDDED IN THIS ROUTE.

SO LET'S GO BACK AND RESTATEMENT THAT THIS IS NOT CRUSHING OR CRACKING OR WATERLINE, BUT WHAT DO YOU THINK IS GOING ON WITH MY PIPES HERE? IN FACT, IT'S WAS SO COMPELLING THAT THEY AGREED TO REMOVE THE 34 INDUSTRY, BUT THEY'RE SAYING THAT ISN'T HAPPENING WITH THE 20 INDUSTRY.

I HAD TO REACH OUT TO AUSTIN WATER TO GET ANY TRACTION WITH LISA AND HER TEAM.

UH, SLIDE 13 IS, UH, MIKE ALVIS FROM AUSTIN WATER.

AND THIS IS HIM TELLING HER WE'VE WHAT WE'VE UNCOVERED SAYS.

THE PROPERTY OWNER IS CORRECT.

UH, SLIDE 14, UH, JUST SAYS THAT THEY HAD TO REASSESS THE SITUATION BECAUSE OF THAT EVIDENCE.

[00:55:01]

SLIDE 15, AGAIN, SAYS THEIR DECISION WAS TO REMOVE THE 34 INCH TREE, BUT NOT THE 20 INCH TREE.

NO ADDITIONAL EXPLANATION WAS GIVEN TO ME WHY THE 20TH TREE WASN'T A PART OF THAT SLIDE.

16 IS THE SAME.

IT JUST TALKS ABOUT THE, THEIR, THEIR CRITERIA.

THEY AGREE TO IN 34 TREE, THEY PRESENTED SPECIFIC CRITERIA.

MY ARGUMENT WAS THE EXACT SAME CRITERIA WAS PRESENT IN THIS 20 INDUSTRY, BUT THEY REFUSE TO ADDRESS IT.

SLIDE 17, UH, IS A EMAIL FROM LISA CALENDER AND, UH, MIKE ELVIS ASKING ABOUT THIS 20TH STREET AND HOW SHE FELT IT WOULD AFFECT MY, OR HE FELT IT WOULD AFFECT MY PIPES.

SLIDE 18 IS AN EMAIL FROM MIKE TO ME, WHERE HE'S RESPONDING ABOUT THE CONVERSATION HE RESPONDED TO HER OVER THE PHONE, BUT WHAT HE, WHAT HE'S SAYING IN THIS EMAIL, HE REPLIED TO HER AND HIS EXPERIENCE THAT YES, HE FEELS THE STREET WILL CONTINUE TO CAUSE ME PROBLEMS. UH, SLIDE 19 TALKS ABOUT THE COST OF THE RELOCATION.

THIS WAS WHAT WAS JUSTIFIED TO REMOVE THE 34TH STREET.

IT WAS JUST TOO EXPENSIVE TO RELOCATE THE WATER LINES, TO KEEP THE TREES.

AND MY ARGUMENT WAS THE 20TH STREET AND HE SET THE EXACT SAME CRITERIA.

SLIDE 20 JUST SHOWS THE PATRICK PATRICK, YOUR TIME HAS EXPIRED IF YOU WANT TO PROVIDE A FINAL THOUGHT, PLEASE.

YES.

CAN WE GO TO THE VERY LAST SLIDE? UM, I WOULD LIKE TO PRESENT A REQUEST FOR A MODIFIED OPINION.

UM, I WOULD LIKE REMOVE THE TREE AT MY OWN EXPENSE.

I WOULD LIKE TO PLANT AT LEAST ONE HERITAGE TREE IN MY FRONT YARD TO MITIGATE THIS.

UM, AND I WILL BUY IT FROM A LOCAL, YOU KNOW, ARE, YOU KNOW, NURSERY PAY THE TAXES.

I WILL PAY A LOCAL, YOU KNOW, FRUIT TO INSTALL IT, TO MAKE SURE IT THRIVES.

UH, THE CITY AND THE PROPERTY OWNER WILL INCUR NO FURTHER COSTS TO WATERLINE REPAIRS.

NO MORE BRANCHES WILL POSSIBLY FALL ON MY CHILDREN.

NO MORE COTTON FAS WILL BE INUNDATING MY YARD.

UH, THERE'LL BE NO MORE FIRE HAZARD FROM THE THUG.

MY SOLUTION IS NO COST TO THE CITY OR ITS TAXES PAYERS.

AND THIS IS THE OPTION THAT THE CITY COUNCIL HAS ALREADY PROVIDED PROPERTY OWNERS THROUGH THE TREE PERMITTING PROCESS.

I'M JUST ASKING THAT I BE GIVEN THE SAME OPPORTUNITY.

UM, I WOULD ALSO LIKE, UH, KAYLA I, THERE WAS AN INVOICE I WANTED TO PRESENT, UH, BECAUSE SINCE LISA DID NOT GO FIRST, UM, SHE'S GOING TO STATE IN ONE OF HER NOTES.

SHE'S STATING THAT MY REPAIR, MY MOST RECENT REPAIR WAS A COUPLE OF DAYS AFTER THE FREEZE IN FEBRUARY, BUT MY INVOICE ACTUALLY SHOWS THAT THE REPAIR WAS 1222, 2020.

AND SO I WANTED TO PRESENT THAT BECAUSE I, IN, IN THE STAFF, UH, STATEMENTS, THIS COMMISSION SHE'S, UH, INCORRECTLY STATING THAT THE REPAIR WAS ON FEBRUARY 22ND OF 2021.

THANK YOU, PATRICK.

YOUR TIME HAS EXPIRED AND WE DID SHOW THE INVOICE.

SO THE COMMISSION HAS SEEN THAT.

THANK YOU.

YOU CAN JUST IT NOW.

ALL RIGHT.

UM, DO YOU HAVE MY BACKUP DOCUMENT THAT YOU CAN POST WE'RE LOADING THAT NOW WE'LL LET YOU KNOW JUST ONE MOMENT PLEASE.

YES.

LISA, THAT'S UP.

HELLO EVERYONE.

UM, I'M LISA KIL LANDER, UM, PROGRAM MANAGER FOR PUBLIC WORKS.

FORESTRY PUBLIC WORKS.

FORESTRY HAS THE JURISDICTION PER VIEW OF TREES IN THE RIGHT OF WAY.

AND THIS IS THE DOCUMENT BACKUP DOCUMENT THAT I DID CREATE.

AND I HOPE YOU ALL HAVE HAD A MOMENT OR TWO TO READ OVER IT.

I WON'T TAKE THE TIME TO DO THAT, BUT AGAIN, WE'RE HERE TO TALK ABOUT THE 20 INCH COTTONWOOD TREE IN THE RIGHT OF WAY.

THE 34 INCH TREE WE'VE GONE THROUGH.

ALL OF THAT.

IT WAS REMOVED WAS NEXT TO THE WATER TAPS.

AND NOW I'D LIKE YOU TO FOCUS ON A TREE THAT'S 28 FEET AWAY, UH, IN THE RIGHT AWAY, 20 INCH COTTONWOOD.

UM, NEXT SLIDE PLEASE.

AND THIS IS A VERY SIMILAR IF YOU REMEMBER FROM NOVEMBER, UM, THAT MR. FALKER DID REACH OUT TO US IN JANUARY OF 2020, REACHED OUT TO DSD DEVELOPMENT SERVICES DIVISION AND REQUESTED A PERMIT, UH, TO REMOVE, TO REMOVE TWO TREES.

THE 34 INCH DIAMETER TREE YOU SEE IN THE BACKGROUND AND THE 20 INCH DIAMETER TREE IN THE FOREGROUND.

SO IN JANUARY OF 2020, THIS SITE WAS VISITED BY FORESTRY INSPECTOR, WHO IS ALSO AN ISA CERTIFIED ARBORIST, UH, PUBLIC WORKS FOREST.

REINFORM DSD THAT THE TREES IN THE, THE TREES IN THE RIGHT OF WAY, UH, SHOULD BE PRESERVED AND DSD DENIED THE PERMIT AS THE TREES WERE LOCATED IN THE CITY RIGHT OF WAY.

AND PUBLIC WORKS, FORESTRY DETERMINED ALSO THAT THE TREES SHOULD REMAIN.

NEXT SLIDE, PLEASE.

[01:00:01]

ON AUGUST 26TH, THE PROGRAM MANAGER THAT'S ME VISITED THE SITE WITH ANOTHER, A PUBLIC WORKS FORESTRY ARBORIST, A CONDITIONAL ASSESSMENT WAS PERFORMED ON THE 20TH COTTONWOOD.

THE TREE HAD TIGHT BAR, GOOD SCAFFOLD STRUCTURE, NO EVIDENCE OF INSECTS OR FUNGAL CONKS.

THE CANOPY WAS MODERATELY DEBTS WITH HEALTHY GREEN LEAVES AND NO EVIDENCE OF ANY LARGE BRANCH FAILURE WAS FOUND.

AND FOR THESE REASONS, AGAIN, UH, WE DENIED PERMISSION TO REMOVE THE COTTONWOOD TREE ON FEBRUARY 25TH OF THIS YEAR, MR. FULKER REQUESTED REMOVAL OF THE 20 INCH TREE CLAIMING THAT A ROOT FROM THE TREE HAD CRACKED A PIPE NEAR HIS WATER METER.

HE SUBMITTED A REPAIR RECEIPT DATED, AND THIS IS WHERE I AIRED AND HE CORRECTED ME.

THANK YOU, MR. VOLKER.

IT WAS DATED DECEMBER 22ND, 2020, NOT FEBRUARY 22ND.

UM, BUT THERE WERE NO COMMENTS ON THIS INVOICE THAT FROM THE REPAIR COMPANY OR REPAIR PERSON THAT STATED DAMAGED BY A ROOT.

UM, AND AGAIN, PLEASE IGNORE THAT THE REPAIR OCCURRED SEVERAL DAYS AFTER THE PHRASE.

THAT AGAIN IS MY ERROR.

THE REPAIR OCCURRED DECEMBER 22ND, 2020.

I RECEIVED MR. REQUEST FEBRUARY 25TH, 2021, UH, 10 DAYS INTO THE ICE AND SNOW APOCALYPSE, UH, THAT WE ALL EXPERIENCED.

NEXT SLIDE, PLEASE.

I ALSO WENT OUT THERE AGAIN ON FEBRUARY 15TH, 2021.

I REASSESS THIS VERY TREE THAT YOU SEE IN THE PICTURE, THE CONDITION OF THIS TREE HADN'T CHANGED.

IT'S 28 FEET AWAY FROM THE WATER LINES THAT WERE AFFECTED IN DECEMBER OF 20, THIS DECEMBER 22ND OF 2020.

AND I COULD SEE, I CANNOT, BASED ON THE EVIDENCE, SEE WHERE THIS PARTICULAR TREE IS AFFECTING MR. VOLCKER'S WATER UTILITY.

SO AGAIN, UM, HIS REQUEST TO THE TREE WAS DENIED, AND AGAIN, IS THIS SUBJECT OF THIS APPEAL.

AND, UH, BASICALLY THAT'S MY BACKUP DOCUMENTS, THE END OF MY STATEMENTS.

UH, COMMISSIONER'S QUESTIONS FOR, UM, THE APPLICANT QUESTIONS FOR STAFF.

PLEASE LET ME KNOW WHICH ONE YOU ARE TRYING TO GET ANSWERS FROM.

UM, I JUST HAD A QUESTION FOR THE APPLICANT, UM, IN THE PHOTOS WITH THE PIPES AND THE ROOTS, UM, WERE THOSE FROM THE 20 INCH OR WERE THEY FROM THE 34 INCH? THOSE WERE MOSTLY FROM THE 34 INCH.

THE PROBLEM I HAD, AND I EXPLAINED THIS LAST TIME WAS THAT I WAS ABLE TO CONVINCE AUSTIN WATER TO COME OUT AND EXCAVATE THE ROOTS, BUT THEY WOULD ONLY DO IT NEAR THEIR LEADER.

AND IN FACT, EVEN THOUGH THEY DID IT KIND OF TO SHOW MY PIPES, THAT THEY, THEIR ONLY REASON THEY WERE ALLOWED TO DO IT WAS TO, YOU KNOW, BECAUSE IT WAS SO CLOSE TO THEIR INFRASTRUCTURE AS WELL.

AND THEY JUST HAD TO EXPOSE THE WHOLE ROOF.

UM, BUT THE THING IS, IS, AND, AND AGAIN, YOU KNOW, LISA'S TALKING ABOUT THE DISTANCE FROM MY METER TO THIS TREE, BUT MY, MY PIKE'S TRAVERSE FROM THE METER TO MY HOUSE AND WHERE THEY TRAVERSE MY PROPERTY.

THIS IS WHERE THE 20TH STREAMERS ARE MOST LIKELY AFFECTING IT.

AND THAT'S A LITTLE BIT FURTHER OFF AND WATER WOULD NOT EXCAVATE ON MY LAND AT MY REQUEST.

OBVIOUSLY THEY DON'T DO THAT FOR PROPERTY OWNERS.

UM, I, I'VE TRIED TO EXPLAIN THIS MULTIPLE TIMES.

LIKE YOU HAVE TO UNDERSTAND WHEN LISA CAME OUT TO INSPECT THIS AS LAST TIME, SHE DIDN'T COORDINATE WITH ME.

SHE DIDN'T COME GET ME.

I WAS HOME WORKING FROM HOME.

SHE DID NOT COME KNOCK ON MY DOOR AND SAY, HEY, I'M HERE.

CAN I ASK YOU SOME QUESTIONS? SHE CAME, SHE LOOKED AT THE TREE, LOOK AT ITS HEALTH MEASURE, THE DISTANCE, THE METER.

AND SHE WENT ON HER WAY AND THEN SHE DENIED MY REQUEST AND THAT WAS IT.

AND THEN I SAID, OKAY, WELL, THIS IS FRUSTRATING.

I WOULD LIKE TO APPEAL.

AND SHE REFUSED THAT I HAD TO GO TO KEITH.

I HAD TO GO TO CITY COUNCIL JUST TO GET THIS APPEAL HEARD.

UH, AND LIKE I SAID, I'M REALLY FRUSTRATED ABOUT THE DATE DISCREPANCY.

THIS HAS BEEN A RECURRING THEME WHEN I'M DEALING WITH HER AND LOOK AT WHAT SHE SAID FROM THE BEGINNING.

I FEEL LIKE EVERYTHING I DO, NO MATTER HOW HARD I PROVE WHAT'S GOING ON, SHE DISMISSES MY FACTS.

SHE MISSTATES HIM.

AND IT ALWAYS LIKE, IT'S JUST, IT'S JUST, I DON'T UNDERSTAND IT.

UM, THESE THINGS ARE HAPPENING TO ME ARE THE CITY INFRASTRUCTURE IS GETTING DAMAGED AND I'M JUST BEGGING FOR THE OPPORTUNITY TO MITIGATE, YOU KNOW, CUT THIS DOWN

[01:05:01]

AND MITIGATE AND JUST MOVE ON WITH MY LIFE.

LIKE I REALLY DON'T.

MEDFORD WAS YOUR QUESTION ANSWERED? UH, YES, IT WAS.

OKAY.

THANK YOU.

THANK YOU.

CAN YOU, CAN, CAN WE GET A RESPONSE FROM THE CITY THEN ON, ON THE, THE METER DISTANCE VERSUS THE WINE AND WHAT WAS THE COOLER IS, IS SAYING ABOUT, ABOUT THE ISSUE WITH THE LINE? AND IT'S SPECIFICALLY, I KNOW THERE'S AN IMAGE OF A ROUTE THAT HE'S CLAIMING MR. VERSING, WHERE THE LINE GOES FROM THE HOUSE TO THE METER.

UM, W WITH SOMEONE ASKING ME SOMETHING I CAN BARELY HEAR IT WAS BEING SAID, CAN YOU HEAR ME OKAY, IT'S REALLY HARD.

IT'S KIND OF, YEAH.

AND OTHER PEOPLE HEAR ME.

YES.

I CAN HEAR IT.

THIS IS A QUESTION FOR THE CITY.

UH, I, I JUST, I WANT, I I'D LIKE A RESPONSE, YOU KNOW, I'M, I'M HEARING THAT WE'RE 20 SOMETHING FEET AWAY FROM THE METER, BUT I GUESS I WISH THAT THERE WAS A PLAN VIEW THAT SHOWED THE PATH OF THE LINES.

NON-TRUST THE METER LOCATION.

SO THAT'S WHAT I'M ASKING YOU ABOUT.

CAUSE IT SOUNDS LIKE YOU'RE SPEAKING ABOUT THE METER LOCATION AND MR. FULLER IS SPEAKING ABOUT THE PATH OF THE LINES IN CONFLICT WITH THE ROOT SYSTEM.

THIS IS FOR CITY STAFF, CORRECT? RIGHT.

SO I DON'T KNOW EXACTLY WHERE THEY, THOSE WINES TRAVERSE, BUT USUALLY THE WATER LINES GO FROM THE SHORTEST POINT TO, FROM POINT A TO POINT B AND GO INTO THE HOUSE.

SO IT DOES, UM, I DON'T HAVE A SITE PLAN FOR WHERE HIS WATER UTILITIES AND HOW THEY MIGHT GO DIAGONALLY FROM THE BACK OF HIS HOUSE, TO THE FRONT OF HIS HOUSE.

UH, TYPICALLY THIS WATER TOP IS AT THE BACK OF THE PROPERTY, AND I WOULD ASSUME THE WATER GOES IN DIRECTLY INTO THE CLOSEST POINT INTO HIS HOUSE.

AND DOESN'T GO DIRECT DIAGONALLY ACROSS HIS SIDE YARD.

IS THAT MR. FALKER AGAIN, I AM MAKING AN ASSUMPTION.

I MEAN, YOU, WHEN, WHEN PART OF IT WAS EXPOSED, YOU KIND OF SAW HOW IT WAS CURVING.

IT GOES TOWARDS, TOWARDS KIND OF NEAR MY GARAGE AREA WHERE THE WATER HEATER IS.

AND I, AND AGAIN, THAT, THAT AREA IS CLOSER TO MY LINE AND THAT'S KIND OF WHERE THESE TREES ROOTS ARE CAUSING ISSUES.

AND I PRESENTED PICTURES WITH THAT.

AGAIN, MY BIGGEST FRUSTRATION IS I FEEL LIKE LISA DOESN'T WANT TO GET THE INFO THAT I'M PRESENTING.

LIKE SHE, SHE SHE'S AVOIDING IT BECAUSE IT, BY GETTING THE INFO, IT COULD MEAN THE TREE WARRANTS REMOVAL, BUT I REALLY WISH TO JUST STOP THIS BACK AND FORTH AND ARGUING.

AND I'M JUST, I'M JUST ASKING AS A PROPERTY OWNER.

CAN I, CAN I RESOLVE THIS SITUATION? I CAN APPRECIATE THAT, BUT I'D HAVE TO SAY IT'S A LITTLE DISINGENUOUS.

YOUR PRESENTATION INCLUDES PHOTOS OF, UH, PIPES THAT CONFLICT WITH THE ROOT SYSTEM OF THE 34 INCH TREE THAT YOU WERE PERMITTED TO REMOVE.

AND SO THAT, THAT'S PART OF WHAT I'M TRYING TO GET TO THE BOTTOM OF, AND ALSO WHAT MR. BEDFORD ASKED ABOUT.

SO I APPRECIATE Y'ALL'S RESPONSE.

DO WE HAVE OTHER QUESTIONS FROM OTHER COMMISSIONERS? I HAD ONE QUESTION, UH, VICE CHAIR, UM, AND THIS IS RED.

UH, UM, I'M LOOKING AT THE MOTION THAT WE MADE IN NOVEMBER OF LAST YEAR, UM, WHERE WE, WE SAID THAT, UM, MR. VOLCKER, YOU COULD, YOU COULD COME BACK AND APPEAL.

YOU KNOW, WE, WE WERE, THE FOLLOWING UNDERSTANDING WAS NOT THAT WE WISH TO ALLOW YOU TO APPEAL.

UM, IF MORE CONCLUSIVE EVIDENCE OF CONFLICTS WITH THE 20 INCH COTTONWOOD COULD BE PRESENTED.

AND I GUESS THAT'S, UH, KIND OF WHAT I THINK I'M POINTING TO SAYING IS, IS IT, IS THERE MORE EVIDENCE OF THOSE CONFLICTS THAT YOU'RE PRESENTING HERE, UM, RELATING TO, I GUESS, SUBSURFACE UTILITIES, AND I'M ASSUMING MOST SPECIFICALLY THE WATER LINE, UM, THAT YOU WERE PLANNING NEW INFORMATION.

WELL, THIS, THIS, THIS REPAIR INVOICE OCCURRED AFTER THEY REMOVED THE 34 INCH TREE.

AND IT WAS MY UNDERSTANDING THAT ONCE YOU CUT DOWN A TREE, ITS ROOTS, AREN'T SHIFTING AND GROWING LIKE CRAZY TO DO THIS.

SO TH TH YOU KNOW, AND I'M TRYING TO PRESENT EVIDENCE TOO, THAT THIS TREE HAS CAUSED ISSUES WITH THE WATER MAIN AS WELL.

AND I'M SHOWING THAT COTTONWOOD TREES DO THIS.

IT'S REALLY DIFFICULT TO GET INCONCLUSIVE EVIDENCE, BECAUSE THERE ARE NO CONTRACTORS OUT THERE THAT DO HYDRO EXCAVATION ON A, ON A SMALL ENOUGH LEVEL THAT A PROPERTY OWNER CAN AFFORD.

TH TH TH THE GUYS THAT DO THIS, YOU KNOW, COMMERCIALLY THEY'RE, THEY'RE DOING

[01:10:01]

IT FOR MAJOR PIPELINES AND STUFF.

UM, SO THE EVIDENCE INCONCLUSIVE EVIDENCE THAT THEY'RE WANTING, I CAN'T GET AUSTIN WATER CAN DO IT, BUT THEY WON'T DO IT ALL AT MY REQUEST ON MY PROPERTY.

SO THAT'S, WHAT'S FRUSTRATING ABOUT IS I HAD ANOTHER REPAIR.

THAT'S WHY I'M HERE.

THANK YOU.

ANY OTHER FURTHER DISCUSSION FROM THE COMMISSIONERS FROM STAFF OR THE APPLICANT AT THIS TIME, THIS FISHER, UH, BRIMER UH, PROPER, UH, WHEN YOU HAD THAT REPAIR DONE BACK IN DECEMBER, UH, THE, UH, DID THE, THE FOLKS, THE REPAIR, UH, THERE WAS NO INDICATION AS TO THE CAUSE OF THE BREAK.

I GUESS THAT WAS WHAT, UH, UH, WHAT LISA WAS SAYING WAS THAT, UM, THERE WAS NO INDICATION THAT THE ROOTS OF THE 20 INCH TREE WHERE THE CAUSE OF THE BREAK OF THE PIPE.

SO DID THE, DID THE CONTRACTOR INDICATE AS YOU KNOW, WHY THE PIPE BROKE? SO HE, HE DIDN'T, HE DIDN'T REALLY GO IN, LIKE, WE DIDN'T GO INTO IT THAT DEEP.

SO I TRIED TO EXPLAIN THIS LAST TIME, TOO.

SO WHAT HAPPENS IS RIGHT IN BETWEEN THESE TWO TREES AND THEIR PIPES IS A JUNCTION, WHEREBY MY PIPE GOES FROM METAL OF A PVC AND THE 20 INCH TREE IS AFFECTING THE TVC SIDE.

AND THAT 34 INCH STREAM IS AFFECTING THE METAL SIDE.

AND WHAT'S GOING ON.

I FEEL IN THIS CASE IS THE 20TH STREET IS PUTTING PRESSURE ALL UP AND DOWN ALL OVER THE PVC.

PVC IS A LOT MORE FLEXIBLE, BUT THAT TENSION PUT ON THE LINE IS CAUSING YOU TO BREAK AT THE WEAKEST POINT, WHICH IS THE JUNCTION.

SO THAT'S WHERE IT BROKE IN THIS CASE, IT BROKE AT THE JUNCTION, BUT BECAUSE THE OTHER TREE HAD BEEN REMOVED THE PRESSURE, I MEAN, IT HAD, IT HAD TO COME FROM THE OTHER SIDE.

AND SO THE, THESE GUYS DON'T LIKE, I MEAN, THEY CHARGE LIKE A HUNDRED BUCKS AN HOUR OR WHATEVER, THEY DON'T, THEY DON'T REALLY GO INTO INVESTIGATION AND FORENSICS OF WHAT CAUSED IT.

THEY JUST FIX IT.

AND WHEN THEY WRITE THEIR, WHAT THEY DID, THEY JUST SAY WHAT THEY DID.

AND IT'S REALLY, IT'S REALLY DIFFICULT TO HAVE THIS INCONCLUSIVE THING WHEN IT'S ALWAYS BREAKING AT THE WEAKEST POINT, WHICH IS THE JUNCTION.

AND EVERY PALMER TELLS ME THAT THEY SAY THEY SEE THIS, AND THEY ALWAYS BREAK AT THE WEAKEST POINT, WHICH IS THE JUNCTION, BUT, UM, I'M NOT HAVING MULTIPLE REPAIRS.

AND, UM, YOU KNOW, I HAVE COTTONWOOD TREES AND THEY, THAT'S WHAT THEY DO.

AND I, I DON'T COMMISSIONER BRIMER.

DID HE ANSWER YOUR QUESTION? UH, YES.

OKAY.

UH, AT THIS TIME, I'D LIKE FOR, UH, KEITH MARS TO STEP IN AND JUST GIVE US HIS OPINION ON THE TREE, AS FAR AS THE ROOT SYSTEM, IF POSSIBLE.

I DON'T KNOW IF YOU CAN, MR. MORRIS, YOU'RE GETTING COMMISSIONER GUERRERO.

CAN INSURANCE KEEP OURS DEVELOPED SERVICES DEPARTMENT? UH, NO, I AM.

I'M NOT, UH, ABLE TO, I'VE NOT SEEN THE TREE.

MY ACID IN THIS HAS BEEN, UH, HELPING MR. FAULKNER AND, AND ALSO, UH, LISA KILLEN REPUBLIC WORKS, UH, NAVIGATE THE PROCESS AND, UH, SPEAK ABOUT KIND OF THE BROADER PUBLIC POLICY, A TITLE SIX, THREE, AND 25 EIGHT ISSUES THAT THIS COMMISSION IS MORE FAMILIAR WITH.

THANK YOU.

ALL RIGHT, COMMISSIONERS.

UM, WE'RE AT THIS POINT THAT, UM, WE NEED TO CLOSE THE PUBLIC HEARING, UH, TO CLOSE THE PUBLIC HEARING.

ALL RIGHT.

WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING.

DO I HAVE A SECOND, SECOND, SECOND FROM COMMISSIONER THOMPSON, ALL IN FAVOR.

RAISE YOUR HAND.

THANK YOU.

OKAY.

NOW LET'S GET BACK TO, UH, ANY FURTHER DISCUSSION THAT WE MIGHT HAVE AMONG OURSELVES PRIOR TO EMOTION BEING RED.

I'M SURE THIS IS BRIAN RECTOR.

I HAVE A MOTION IF YOU'RE READY.

OKAY.

PROCEED.

OR WHEN YOU'RE READY.

YEAH.

I'M ON THE SUBJECT OF THE APPEAL REQUEST FROM PATRICK FOLKER AT TWO ONE THREE VELVET PARK DRIVE.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT'S REQUEST FOR THE COMMISSION TO CONSIDER A REQUEST FOR A PRIVATE PROPERTY OWNER, PATRICK VOLCKER TO APPEAL THE PUBLIC WORKS URBAN FORESTERS, DENIAL OF APPLICATION FOR AN ADMINISTRATIVE APPROVAL AS PROVIDED IN CITY CODE SECTION 63 91

[01:15:01]

TO REMOVE A 20 INCH PUBLIC TREE LOCATED AT ONE THREE, TWO ONE THREE VILLA PARK DRIVE, AUSTIN, TEXAS SEVEN EIGHT SEVEN TWO NINE.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT THE CITY CITY OF AUSTIN, URBAN FORESTER STAFF, NEITHER REQUEST TO REMOVE THE 20 INCH COTTONWOOD TREE IN PUBLIC RIGHT AWAY AT THE ABOVE NOTED ADDRESS.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT THE COMMISSION MAY OVERRULE, SUSTAIN OR MODIFY THE DETERMINATION PER CITY CODE SECTION SIX THREE NINE THREE.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT MR. FULKER PREVIOUSLY REQUESTED AN APPEAL AT THE ENVIRONMENTAL COMMISSION ON NOVEMBER, 2020 20, WHERE THE ENVIRONMENTAL COMMISSION RECOMMENDED SUSTAINING THE DENIAL OF THE REQUEST TO REMOVE THE PUBLIC TREE.

THEREFORE, THE ENVIRONMENTAL COMMISSION RECOMMENDS SUSTAINING THE DENIAL OF THE REQUEST TO MOVE, REMOVE THE PUBLIC TREE BASED ON THE FOLLOWING JUSTIFICATION OR CITY STAFF.

THE 20 INCH COTTONWOOD IS IN GOOD HEALTH AND WITHIN PUBLIC RIGHT OF WAY.

THANK YOU.

DO WE HAVE A SECOND ON THIS MOTION? I'LL SECOND.

ANY FURTHER DISCUSSION? OKAY.

I'LL DO ROLL CALL COMMISSIONER THOMPSON.

NO, UH, NO.

MEANING YOU ARE NOT DENYING IT.

WOULD YOU READ THE LAST PART OF, OF, YOU KNOW, WHETHER WE'RE OKAY.

YEAH.

THE CONCLUSION.

YEAH.

THIS IS CONSISTENT WITH THE LANGUAGE THAT WE HAD IN THERE REQUESTED, AND I, IN NOVEMBER OF LAST YEAR WHERE THE CONCLUDING STATEMENT, THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS SUSTAINING THAT DENIAL OF THE REQUEST TO REMOVE THE PUB, TO REMOVE THE PUBLIC TREE BASED ON THE FOLLOWING OCCASION PER CITY STAFF, THE 2120 INCH COTTONWOOD IS IN GOOD HEALTH AND WITHIN PUBLIC.

RIGHT.

RIGHT-OF-WAY OKAY.

SO THOMPSON IS NOW COINED.

YES, YES, YES.

THEY'RE BIXLER.

YES.

MR. BRISTOL, I'M GOING TO ABSTAIN SINCE TODAY'S MY FIRST DAY AND I'M REALLY, REALLY DON'T KNOW ENOUGH ABOUT THIS ISSUE.

SO I'M AN ABSTAIN.

OKAY.

COMMISSIONER RAMBERT? YES.

COMMISSIONER YES.

COMMISSIONER RIMMER.

NO COMMISSIONER BEDFORD ABSTAIN.

OKAY.

SO THAT'S THE MOTION FAILS FOR LACK OF A QUORUM MADAM CHAIR.

YEAH.

FOR FOUR YESES, ONE TO TWO NOS AND TWO ABSTENTIONS.

I'D LIKE TO ASK AFTER THAT, PUT THIS ITEM, MADAM CHAIR.

THIS IS CHRIS HARRINGTON, ENVIRONMENTAL OFFICER.

SO, UH, I HAVE TO ADMIT I'M A LITTLE UNCLEAR.

SO THE CODE YOU ARE THE DETERMINING BODY IN THIS INSTANCE.

SO IT IS YOU MAKING A DECISION WHETHER TO SUSTAIN, UM, MODIFY OR, OR, UH, DENY THE APPEAL REQUESTS.

SO THE TREE CAN STAY, THE TREE CAN BE REMOVED PER THE APPLICANT'S REQUEST, OR YOU CAN OFFER A MODIFICATION.

SO IF THERE IS AN ALTERNATIVE MOTION THAT ANYONE WOULD LIKE TO MAKE TO SEE IF YOU CAN ACHIEVE A QUORUM VOTE, OTHERWISE WE WOULD PROBABLY NEED TO CONSULT WITH LI WITH THE LAW DEPARTMENT AFTERWARDS, UNLESS KEEP YOU AT LEAST TO HAVE ALREADY DONE.

SO MY ASSUMPTION AT THIS POINT WOULD BE IF THE COMMISSION FAILS TO ACHIEVE AN, UH, A QUORUM VOTE ON ANY ACTION THAN IT IS BY DEFAULT, A SUSTAINING OF THE URBAN FORESTERS DECISION, WHICH WOULD MEAN THAT THE TREE REMAIN, THIS IS COMMISSIONER BRISTOL.

I HAVE A QUESTION.

UM, AND THIS IS FOR LISA

[01:20:01]

OR KI, I THINK, I THINK WE'VE CLOSED THE PUBLIC HEARING AT THIS, BUT I WOULD DEFAULT TO.

YEAH.

YEAH.

AND UNLESS YOU HAVE A MOTION, EVEN ANOTHER MOTION FOR US AT THIS TIME, IS THERE A WAY TO SHARE THE ONE THING THAT DOESN'T PUT THIS IN LIMBO? I'M WONDERING IF YOU SHOULD DISCUSS MITIGATION THAT WE CAN TIE TO A REMOVAL IF FOLKS ARE WILLING TO DISCUSS THAT.

UM, AND I DON'T KNOW IF WE CAN REVERT BACK IN AND VOTE TO GO BACK TO PUBLIC HEARING, OR IF IT'S CLOSED FOR GOOD, WITHOUT OBJECTION.

HE MAY REOPEN THE PUBLIC HEARING AND ASK QUESTIONS AS THE COMMISSION WISHES.

OKAY.

MADAM CHAIR.

THIS IS ROBERT SECOND.

ALL IN FAVOR.

THANK YOU.

OKAY.

OKAY.

UM, SO THANK YOU.

UM, SO MY QUESTION IS, UM, SO YOU'RE SAYING THAT THE TREE IS HEALTHY, BUT THAT ASSESSMENT WAS DONE, UH, BACK IN DECEMBER HAS AN ASSESSMENT OF THE TREE SINCE THE FREEZE IN FEBRUARY.

UM, HAS THAT BEEN DONE AND HAS THE TREE BEEN DETERMINED, HEALTHY, UM, AS MANY OR NOT, UM, AFTER THE FREEZE.

SO I JUST WANT TO, UM, SEE KIND OF WHERE THAT IS.

YEAH, THAT'S A GREAT QUESTION.

UM, IN MY, IN MY ASSESSMENT, IT WAS, UH, MARCH 15TH.

I BELIEVE THAT'S IN THE BACKUP DOCUMENT.

UM, THE TREE WAS PRODUCING, YOU KNOW, CALKINS AND FLOWERS ALL OVER THE ENTIRE CANOPY.

SO IT WAS LEAFING OUT.

IT HAD, YOU KNOW, NO DIE BACK FROM THIS FREEZE.

COTTONWOODS ARE PRETTY HARDY AND THEY'RE NATIVE HERE.

UH, THE TWO COTTONWOODS ACROSS THE STREET ON THE OTHER SIDE OF THIS STREET WERE ALSO PRODUCING, YOU KNOW, CALKINS WERE FULL OF CATECHINS MID-MARCH AND, UM, LEAFING, ONE OF THEM ACTUALLY HAD LEAVES ON IT AS WELL AS LITTLE LEAVES EXPANDING.

SO ALL THE, UH, ALL THE COTTONWOODS IN THAT CA IN THAT CALLED OSAC ARE, YOU KNOW, LEAFING OUT HAVE CANOPIES THAT I CAN SEE NO LARGE BRANCH FAILURE IN, UM, AND, UM, LOOK HEALTHY AND ARE SERVING THE PURPOSE THAT THEY'RE THAT NATURE INTENDED.

SORRY, CAN I ASK A POTENTIALLY FOR LISA OR KEITH TO SPEAK TO WHAT APPROPRIATE A DEACON WOULD LOOK LIKE IF WE WERE, UM, ACCRUING THE REMOVAL, BUT, BUT WANTED TO HAVE SIGNIFICANT MITIGATION FOR ONSITE.

DO YOU WANT TO SPEAK TO THAT? UH, I CAN, UH, COMMISSIONER CO AND KEEP BARS AGAIN.

THE, SO IF WE WERE FOLLOWING THE PROVISIONS IN THE ENVIRONMENTAL CRITERIA MANUAL, UH, ASSUMING HISTORY IS IN GOOD HEALTH, IT WOULD BE A HUNDRED PERCENT MITIGATION.

SO 20 INCHES OF MITIGATION, UH, LET'S JUST SAY ROUGHLY, UH, 10, TWO INCH TREES, UH, WOULD BE THE REQUIREMENT AND KEY WOULD THAT, WOULD THOSE TEN TWO INCH TREES WOULD THAT HAVE TO BE ON THAT STRETCH OF LAND? THAT IS WHERE, UM, IN THE RIGHT OF WAY, OR IS THAT JUST ON HIS PROPERTY IN GENERAL? HELP ME UNDERSTAND EXACTLY WHERE THOSE 10 TREES WOULD GO COMMISSIONER BRISTOL.

THAT'S A REALLY GOOD QUESTION BECAUSE WE STRUGGLE WITH THIS.

SO THE TREE IS IN THE RIGHT OF WAY.

UM, BY ADMINISTRATION, UH, TREES REMOVED ON PUBLIC PROPERTY NEED TO REMAIN ON OR NEED TO BE REPLANTED ON PUBLIC PROPERTY.

UH, HOWEVER, THAT BECOMES A CHALLENGE, UH, WHEN IT'S AN ADJACENT PROPERTY OWNER PLANTING BACK INTO PUBLIC SPACE, UH, THERE ARE INSTANCES WHERE WE DO ALLOW A PUBLIC TREE TO BE REMOVED, BUT PLANTED ON, ON PRIVATE.

AND I DO BELIEVE THAT THAT'S WITHIN THE PURVIEW OR THE, I SHOULD SAY THE DISCRETION OF THIS, UH, COMMISSION TO REQUIRE, UH, IT, IN THAT INSTANCE, UH, IT SEEMS, IT SEEMS CONSISTENT THOUGH.

UH, I WILL SAY CODE RULES PROBABLY DO NOT SPEAK TO THIS, AND THAT IS ONE COULD PLANT, UH, ON, IN THIS CASE, MR. COFFERS

[01:25:01]

PROPERTY, UH, SINCE YOU REALLY HAVE YOU ONLY IN THIS INSTANCE, YOU HAVE PUBLIC RIGHT OF WAY, AND YOU HAVE, UH, AN ADJACENT PRIVATE PROPERTY.

THOSE ARE REALLY THE ONLY TWO MATTERS BEFORE YOU, SO PLANTING, UH, WITHIN HIS PROPERTY, UH, SEEMS THE MOST REASONABLE, UH, OPTION FOR, FOR PLANTING AND KEEP JUST THE FOLLOW-UP FOR THAT.

UM, YOU KNOW, HOWEVER YOU, HOWEVER YOU CASH OUT THE 20 INCHES FOR MITIGATION, WHAT IS LIKE A BACK OF NAPKIN COST ON PLANTING? LET'S SAY 10 TO INCREASE.

SO IF WE WERE ASSESSING THIS OR WHAT'S THE ONE SECOND, YEAH, THAT'S ROUGHLY IN A COMMERCIAL SETTING FOR A DEVELOPMENT SETTING, THAT'S ROUGHLY $4,000 WORTH OF MITIGATION.

UH, TYPICALLY SMALLER TREES.

I LOOK WHEN SRI ARE, ARE GOING TO BE CHEAPER.

TYPICALLY WHEN WE WERE TALKING ABOUT DEVELOPMENT SETTING, IT'S, YOU KNOW, FOUR AND FIVE YEARS TREES, WHICH THERE DOES TEND TO BE A SIGNIFICANT INCREASE IN COSTS THAT YOU GREW UP IN SIZE OF THE TREE.

UM, BUT AGAIN, 20, IT WOULD BE CONSISTENT WITH THE ECM.

HOWEVER, UH, IN THESE INSTANCES WHERE IT'S A NON-DEVELOPMENT SETTING, I WOULD SAY OUR PRECEDENCE IS THAT WE DON'T APPLY A DEVELOPMENT, UH, APPLICATION OF MITIGATION REQUIREMENTS.

SORRY.

AND THEN WHAT'S THE ALTERNATIVE THEN THE, THE PAYING INTO, UH, WOULD THERE, THERE IS IN LIEU OF POSSIBILITY, BUT THEN ALSO, UH, IT IS WITHIN THE, THE COMMISSION'S DISCRETION TO, TO MODIFY THE LINCOLN REQUIREMENTS AS THE COMMISSION SEES FIT.

YEAH.

I THINK MY, MY CONCERN WOULD BE THAT, YOU KNOW, IF WE'RE ALLOWING FOR TWO INCH TREES, THAT'S NOT REALLY FEASIBLE TO PLANT, TEND TO MISS TREES IN THE IMMEDIATE VICINITY.

UH, IF WE ASKED FOR LARGER TREES, BUT LESS, THAT MIGHT BE MORE FEASIBLE, EVEN IF WE DON'T GO ALL THE WAY UP TO 20 INCHES, BUT THE COST OF THOSE I THINK MIGHT BE PROHIBITIVE AND NEARING THE COST OF RELOCATING THE LINE COMPLETELY.

IS THAT, I MEAN, I KNOW WE'RE AT 15 K FOR AN ESTIMATE FOR RELOCATING THAT LINE, RIGHT.

FROM MY RECOLLECTION OF THE BACKUP MATERIAL.

I BELIEVE THAT COULD BE TRUE.

PAM, DID YOU HAVE A QUESTION? I SAW YOU RAISE YOUR HAND A LITTLE BIT AGO.

WHAT DID YOU SAY THE MONETARY AMOUNT OF MEDICATION WOULD BE THANKSGIVING? LET ME SHARE A THOMPSON FROM PURELY APPLYING THE ENVIRONMENTAL CRITERIA MANUAL.

IT WOULD BE, UH, IT WOULD BE $4,000 OF THE MITIGATIVE VALUE.

UH, KEEP IN MIND WITH ECM.

WE TYPICALLY APPLY THAT IN A DEVELOPMENT CONTEXT, BUT MAKING THE CITY WHOLE, WHICH FOR US, THIS IS AN INSTANCE OF MAKING THE CITY WHOLE AS WELL.

SO THEY'RE BOTH INSTANCES AND MAKING THE CITY HOLD THE DIFFERENCES MORE AS A DEVELOPMENT CONTEXT.

AND ONE IS, THIS IS A, UH, AS A NON-DEVELOPMENT SETTING, UH, HINTS, THIS CASE COMING BEFORE YOU UNDER THE TITLE 63 SETTING AND NOT WHAT YOU'RE MORE FAMILIAR WITH WITH THE LAND DEVELOPMENT CODE, BUT TO DIRECTLY ANSWER YOUR QUESTION, IT WAS 20 INCHES.

UH, $200 AN INCH WOULD BE $4,000 WORTH OF MITIGATION.

UH, OF COURSE THE FIRST PRIORITY IS PLANTING TREES IN THE GROUND.

AND THAT WOULD BE 21, ONE FOR ONE REPLACEMENT.

SO 20 INCHES REMOVED 20 INCHES PLANTED.

I HAVE A QUICK QUESTION.

I NOW ON, I DON'T KNOW IF WE CAN, BUT UH, COULD DUMP TO, UH, INCREASED THE MITIGATION, DOUBLE IT.

IS THAT A POTENTIAL THAT WE HAVE 200%? I, I BELIEVE THAT TO BE WITHIN THE COMMISSION'S DISCRETION.

UM, I, MY OPINION IS WE, IT WOULD BE A CHALLENGE TO, TO PLANT BACK THAT AMOUNT OF INTEREST, BUT THAT CERTAINLY IS WITHIN, UH, WITHIN YOUR DISCRETION CHAIR.

THANK YOU.

THIS IS COMMISSIONER, FIRST OF ALL, AGAIN, THANK YOU AGAIN SO MUCH ALSO FOR, UM, YOU KNOW, REALLY HELPING US UNDERSTAND WHAT THOSE MITIGATION OPTIONS ARE.

UM, THAT'S BEEN VERY HELPFUL.

UM, W W IN THINKING ABOUT THE MITIGATION OPTIONS AND PLANTING TREES, UM, YOU KNOW, THERE ON HIS PROPERTY, IT

[01:30:01]

ALMOST KICKS THE BUCKET DOWN THE ROAD, UM, FOR HAVING THIS ISSUE AGAIN, UM, YOU KNOW, IN 2030 YEARS WHEN, UM, WHEN THOSE TREES GROW, UM, PLANTING 10 TREES ON THAT RIGHT AWAY SEEMS, UM, NOT A DOABLE, UM, YOU KNOW, SCENARIO.

UM, SO IT JUST SOME THINKING ABOUT THOSE FACTORS ABOUT MITIGATION, UM, AND, AND, AND THINKING ABOUT, YOU KNOW, THE PRICE.

UM, YEAH, I WOULD ALMOST, I'M ALMOST LEANING TOWARDS THE MOTION NOW.

I JUST WANT TO PUT THAT UP.

YEAH.

THANK YOU.

UH, ANYONE ELSE, BECAUSE I WANT TO CLARIFY THAT, YOU KNOW, RIGHT NOW WHERE WE STAND IS THAT IF WE DON'T HAVE ENOUGH VOTES FOR OUR NEW MOTION, UH, THEN DO WE FALL BACK ON OUR ORIGINAL MOTION, WHICH FAILED, WHICH MEANS THAT THE STAFF RECOMMENDATION STANDS JUST, JUST FOR CLARIFICATION, AS WE'RE THINKING THROUGH THIS SUSPICION OF MY PREFERENCE, IF IT'S FINANCIALLY FEASIBLE IS JUST GO WITH THE MITIGATION SOLUTION, UH, AND ALLOW THE COTTONWOOD TO BE REMOVED.

UH, I UNDERSTAND THERE'S FINANCIAL CHALLENGES INVOLVED, UM, AND PERHAPS NOT ALL THE TREES CAN BE PUT ON THE CITY'S RIGHT OF WAY.

AND SOME OF THEM MAY HAVE BEEN PUT ON THE, UH, APPLICANT'S PROPERTY.

AND THAT MAKES THINGS PERHAPS A LITTLE BIT MORE COMPLEX, BUT, UH, I WOULD PREFER CONSIDERING MITIGATION AS OPPOSED TO LETTING THE, THE COTTONWOOD REMAIN.

THANK YOU.

DOES ANYONE ELSE HAVE ANY COMMENTS BECAUSE WE'LL HAVE AUGUST.

THANK YOU.

BIXLER BARRETT.

HI, THIS IS COMMISSIONER BAYER BIXLER.

I HAVE A QUESTION ABOUT THE MITIGATION OR THE FOLLOW-UP.

UM, SO IT'S MY UNDERSTANDING THAT THE, I, I GUESS I WOULD LIKE CLARIFICATION HERE, BUT IT'S MY UNDERSTANDING THAT THE APPLICANT WILL BE RESPONSIBLE FOR PLANTING THE TREES IN THE COST OF THE MEDICAID MITIGATION.

AND, UM, AND THEN IS WHO, IS THERE A RESPONSIBLE PARTY INVOLVED IN, IN FOLLOW UP? I MEAN, A YEAR LATER TO SEE IF THE, THE TREES ARE INDEED GROWING AND, OR TWO YEARS LATER, OR, YOU KNOW, AND ACTUALLY, UM, PROVIDING THAT, YOU KNOW, 20 EDGE, YOU KNOW, CANOPY OR, AND COVERAGE THAT TH THAT WAS INTENDED IN THE MITIGATION PROCESS.

I CAN ANSWER THAT SOMEWHAT.

I MEAN, UM, I LIKE WORKS.

FORESTRY CAN GO BY AND, AND, AND LOOK AND SEE WHAT'S HAPPENING, BUT WE HAVE NO WAY TO ENFORCE THAT MITIGATION.

AND, UM, MADAM, WE ALSO HAVE NO CLEAR EVIDENCE THAT THIS BILL HAS ANYTHING TO DO WITH THE PIPES.

ISN'T THAT CORRECT? THERE'S NO CLEAR EVIDENCE YET.

THAT'S THAT HASN'T BEEN GIVEN TO US, BUT DID WE PAY THE BILL? DID THE CITY PAY THAT BILL? I BELIEVE MR. VOLCKER PAY THAT BILL.

IS THAT CORRECT? MR. FELKER? YES, I PAID THE BILL.

OKAY, THANK YOU.

OKAY.

FOLLOW UP QUESTION IF THAT'S ALL RIGHT.

THIS IS COMMISSIONER BEAR BIXLER.

UM, BASED ON THE DISCUSSION IS THAT APPLICANT IS INTERESTED IN PURSUING A MITIGATION MEASURE, UM, YOU KNOW, AROUND THE COST OF A $4,000 TO BASICALLY AROUND THE MITIGATION MEASURE THAT WE ARE PROPOSING.

UM, I MEAN, IT'S, IT'S EXTREMELY A LOT OF MONEY.

UM, I, I, I DON'T KNOW.

LIKE, I FEEL LIKE, UM, I'M ALREADY EXCEEDING CLOSE TO HALF THAT VALUE IN REPAIRS, ALL THAT TIGHT.

SO FOR THE YEAR, SO I'M ALMOST INCLINED TO AGREE,

[01:35:01]

BUT I WOULD APPRECIATE ANY KIND OF LENIENCY I CAN BE GIVEN, BUT I WOULD, I MEAN, MAYBE THERE'S A WAY I CAN FIND TREES AT A REASONABLE PRICE THAT DOESN'T COST ME 4,000, BUT YES, I WOULD.

I WOULD APPRECIATE ANY SOLUTION THAT ALLOWS ME TO RESOLVE THIS.

SO I'LL, I'LL BE, I'LL DO WHATEVER I CAN.

I'LL MAKE PAYMENTS, YOU KNOW, IF THEY NEED THE MONEY, I'LL FIND THE TREES, YOU KNOW, I'LL, I'LL, I'LL DO WHATEVER I'LL COME OUT ON ARBOR DAY AND HELP PLANT TREES.

WE'RE, YOU KNOW, WHEREVER LISA OR THE CITY TELLS ME TO, I DON'T I'LL DO WHATEVER.

ALL RIGHT.

DOES SOMEBODY HAVE A MOTION BECAUSE WE'RE AT THIS POINT THAT WE NEED TO HAVE A CLEAR MOTION THAT'S GOING TO CARRY, OR THIS WILL THEN GO BACK TO, UM, I FELT MOTION, WHICH WOULD KEEP THE TREE, UH, WHERE IT IS.

MADAM CHAIR, CHRIS, CHRIS HARRINGTON, ENVIRONMENTAL OFFICER, JUST BY WAY OF PARLIAMENTARIAN ADVICE.

SO A MOTION WAS MADE AND FAILED.

AND SO A MOTION TO RECONSIDER WOULD NEED TO COME FROM THE PREVAILING SIDE.

SO THAT WOULD NEED TO COME FROM, AND IT WAS A TIE, RIGHT? SO IT WAS, IT WOULD COME FROM EITHER SOMEONE WHO ABSTAINED OR SOMEONE WHO HAD VOTED.

NO.

UM, SO THAT WAS THOMPSON REIMER.

THOSE WERE THE TWO THAT I WAS THE BEST BRISTOL AND BEDFORD.

BRISTOL IS THE STAINED.

IT'S BEEN AN EXTENDED SOMEONE WHO WAS AN EXTENSION COULD ALSO PROPOSE A NEW MOVE.

ANYONE CAN OFFER AN ALTERNATE OR NOT AS, IT'S NOT A SUBSTITUTE MOTION, THERE'S NO MOTION ON THE TABLE, BUT ANYONE COULD OFFER A NEW MOTION.

YES.

OH, AND REALLY QUICK, JUST TO BE CLEAR.

SO IF THIS MOTION FAILS, THEN IT, IT TRIGGERS AND IT GOES TO, UM, STAFF REVIEW AND THEN TO LEGAL, TO REVIEW AGAIN, IS THAT CORRECT? MR. BRISTOL, CHRIS HARRINGTON ENVIRONMENT OFFICER.

SO JUST TO CLARIFY, MY, MY INTERPRETATION AT THIS POINT IS IF THE COMMISSION TAKES NO ACTION, THEN THE PUBLIC WORKS, URBAN FORESTS, THERE'S DECISION REMAINS.

SO THE TREE REMAINS, THE APPLICANT WOULD THEN HAVE THE ABILITY PER CODE TO APPEAL EFFECTIVELY, NO DECISION BY THE ENVIRONMENTAL COMMISSION, TO THE PLANNING COMMISSION.

AND THEN THAT WOULD BE THE FINAL DETERMINING BODY.

SO THIS IS UNLIKE MOST CASES THAT YOU WILL SEE IN WHICH YOU'RE NOT MAKING A RECOMMENDATION TO ANOTHER BODY IN THE, IN THIS FIRST ROUND.

YOU LITERALLY ARE THE DECIDING BODY.

SO SINCE THERE IS NO FURTHER GUIDANCE IN CODE, I DON'T SEE ANY OTHER OPTION.

OTHER THAN IF YOU FAIL TO ACHIEVE A MAJORITY VOTE THAT THE, UH, LISA'S DECISION WILL STAND, BUT HE WILL HAVE THE RIGHT TO APPEAL AGAIN.

AND THEN THE OTHER BODY WILL MAKE THE DECISION BESIDES US, CORRECT, UH, WITH THE CA CORRECT COMMISSIONER THOMPSON.

THAT IS MY GUESS, IS THAT EFFECTIVELY, YOUR DECISION IS NO DECISION.

UM, SINCE YOU'RE UNABLE TO ACHIEVE A MAJORITY VOTE, UH, WE WOULD NEED TO VALIDATE THAT WITH THE LAW DEPARTMENT THOUGH, BECAUSE I JUST WANT WANNA, THE CODE SAYS THAT YOU HAVE THREE OPTIONS, UM, TO SUSTAIN, DENY, OR MODIFY.

AND SO I JUST NEED TO CONFIRM WITH THEM, I'VE TEXTED THE ATTORNEYS.

I HAVEN'T HEARD BACK YET.

SORRY.

YES.

THIS IS COMMISSIONER BRISTOL.

UM, SINCE I ABSTAINED, UM, I WOULD LIKE TO RECONSIDER THE MOTION MADE BY COMMISSIONER RANDBURG AND HAVE THAT BROUGHT FORWARD AGAIN.

MADAM CHAIR, WOULD YOU LIKE ME TO READ THAT MOTION AGAIN OR PARLIAMENTARY? WHY DON'T WE REREAD IT? AND IF I NEED A SECOND ON THAT, I'LL SECOND.

IT, WE NEED IT.

GO AHEAD.

PROCEED ON THE SUBJECT OF THE APPEAL REQUEST FROM PATRICK FOLKER ONE THREE, TWO, ONE, THREE VILLA PARK DRIVE.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT'S REQUEST FOR THE COMMISSION TO CONSIDER A REQUEST FROM A PRIVATE PROPERTY OWNER, PATRICK FOLKER TO APPEAL THE PUBLIC WORKS FORESTER DENIAL OF AN APPLICATION FOR ADMINISTRATIVE APPROVAL AS PROVIDED IN CITY CODE SIX, THREE 91 TO REMOVE A 20 INCH PUBLIC TREE LOCATED AT ONE THREE, TWO, ONE THREE VILLA PARK DRIVE, AUSTIN, TEXAS 78 SEVEN TWO NINE.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE CITY OF AUSTIN.

URBAN FORESTER STAFF HAVE DENIED THE REQUEST TO REMOVE THE 20 INCH COTTONWOOD TREE IN PUBLIC RIGHT OF WAY AT THE ABOVE NOTED ADDRESS.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES

[01:40:01]

THE COMMISSION MAY OVERRULE, SUSTAIN, OR MODIFY THE DETERMINATION PER CITY CODE SECTION SIX THREE NINE THREE.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT MR. FOLKER PREVIOUSLY REQUESTED AN APPEAL AT ENVIRONMENTAL COMMISSION ON NOVEMBER, 2020 12, WHERE THE ENVIRONMENTAL COMMISSION RECOMMENDED SUSTAINING THE DENIAL OF THE REQUEST TO REMOVE THE PUBLIC TREE.

THEREFORE, THE ENVIRONMENTAL COMMISSION RECOMMENDS SUSTAINING THAT DENIAL OF THE REQUEST TO REMOVE THE PUBLIC TREE BASED ON THE FOLLOWING JUSTIFICATION PER CITY STAFF.

THE 20 INCH COTTONWOOD TREE IS IN GOOD HEALTH AND WITHIN PUBLIC RIGHT WAY.

THANK YOU.

MET HIM.

I MEAN, I BELIEVE I HAVE ERRED IN MY ADVICE TO YOU.

I BELIEVE THAT THE MOTION TO RECONSIDER MUST COME FROM SOMEONE WHO VOTED NO, NOT FROM SOMEONE WHO ABSTAINED IT MAY BE SECONDED BY ANYONE.

THAT'S WHAT I THOUGHT.

OKAY.

ALL RIGHT.

SO DO WE HAVE TWO PEOPLE THAT VOTED NOW? THOMPSON? OKAY.

UM, I GUESS I WOULD LIKE A SUBSTITUTE MOTION THAT SAID, UM, HE WOULD BE ABLE TO REMOVE THE TREE WITH MITIGATION AND, UM, I'M NOT SURE IF ANOTHER TREE SHOULD GO IN THERE OR NOT, BUT, UH, MITIGATION WOULD BE THE MONETARY VALUE ARE.

I MEAN, I, I'M NOT SURE IF WE WANT TO DOUBLE IT AS YOU SUGGESTED LINDA, UM, OR IF WE WANT A MONETARY VALUE AND, UM, TREES PLANTED THERE, UH, AND AS A WAY OF DOUBLING IT.

SO IF WE ASK FOR A MONETARY AMOUNT, THEN THE OPTION HE WOULD HAVE IS TO PLANT A TREE THERE THAT THE SOMEONE FROM THE CITY COULD HELP HIM FIGURE OUT, LIKE MAYBE PLANET A DIFFERENT AREA OR WHATEVER.

UM, AND THAT WOULD GIVE HIM A BREAK ON THE MONETARY VALUE.

I'M NOT REALLY, UM, WANTING HIM TO HAVE TO PAY THE $4,000 IF THAT'S A HARDSHIP THAT I WOULD LIKE FOR THE MITIGATION TO OCCUR IN SOME FORM OR FASHION.

THAT'S MY EMOTIONS.

THIS IS COMMISSIONED BROMMER.

I, I WOULD AGREE WITH COMMISSIONER THOMPSON.

YOU, UH, SECONDING HER.

YES, I AM.

MADAM STARTED.

SO THE MOTION HAS BEEN MADE AND SECONDED.

AND JUST TO CLARIFY, UM, THE MOTION ON THE TABLE FOR OUR BENEFIT, WHAT I'M CHRISTINA THOMPSON, PLEASE, CORRECT ME IF I'M HEARING YOU CORRECTLY.

BUT THE MOTION IS TO ALLOW THE REMOVAL OF THE TREE AT THE OWNER'S EXPENSE WITH MITIGATION, AS DETERMINED BY STAFF, THAT WOULD BE SATISFIED EITHER WITH PLANTING AT THE OWNER'S EXPENSE OR PAYMENT FISCAL PAYMENT IN LIEU OF PLANTING.

IS THAT ACCURATE? THANK YOU.

COMMISSIONER BARRETT BOOKS OVER THE QUESTION IS FISCAL PAYMENT DEDICATED TOWARDS PLANTING ELSEWHERE? ALL RIGHT.

KEITH BARS, YES.

PAYMENT WOULD GO INTO WHAT'S CALLED THE AND WILL PAY TOWARDS, UH, TREES PLANTED A RETREAT CARE, UH, TO PUBLIC TREES WITHIN THE CITY.

AND, UH, JUST A POINT OF ORDER REALLY QUICK.

I THINK WE NEEDED TO HAVE THE MOTION SECONDED BEFORE WE HAVE FURTHER DISCUSSION.

HE DIDN'T BRIMER BRIMER SECONDED IT.

OH, I'M SORRY.

I DIDN'T SEE IT.

OKAY.

SO WE'RE READY FOR VOTE.

AND ALSO TO CLARIFY THAT THIS IS A VOTE TO ALSO CLOSE THE PUBLIC HEARING AGAIN, PLEASE.

THANK YOU.

MOTION TO CLOSE THE PUBLIC SECOND.

ALRIGHT.

ALL IN FAVOR.

SAY AYE.

HI.

THANK YOU.

OH, OKAY.

SO, UM, HERE WE GO WITH COMMISSIONER THOMPSON'S MOTION AND, UH, LET'S BEGIN WITH YOU.

COMMISSIONER THOMPSON? YES.

HAWAIIAN? NO.

OKAY.

YES.

BRISTOL.

YES.

[01:45:02]

UM, YES.

GUERRERO, NO PRIMA.

YES.

YES.

ONE, TWO, THREE, FOUR, FIVE, SIX WAS LIKE IT PASSED.

AND THAT WAS TWO NOS.

THANK YOU.

ARE WE DONE? THANK YOU MANAGEMENT.

WE HAVE ONE MORE ITEM, BUT YES, MA'AM.

OKAY.

THE TREE'S OVER WITH, THANK YOU ALL FOR YOUR PATIENCE.

[3b. Name: Central Health Planned Unit Development, C814-2020-0132 Applicant: Travis County Healthcare District dba Central Health (Mike Geeslin, President and CEO) Location: 601 East 15th Street, Austin, Texas 78701 (District 1) Staff: Jerry Rusthoven, Assistant Director, Housing and Planning Department Watershed: Waller Creek Watershed, Urban Watershed, Desired Development Zone Request: Change zoning from P to PUD Staff Recommendation: Recommended]

OKAY.

SO THEY WERE AT, UM, BRI B CENTRAL HEALTH PLANNING UNIT DEVELOPMENT.

SEE EIGHT ONE FOUR DASH 2020 DASH ZERO ONE THREE TWO.

WE HAVE THE TRAVIS COUNTY HEALTH CARE DISTRICT DB, A CENTRAL HEALTH.

UH, THIS IS LOCATED AT SIX OH ONE EAST 15TH STREET, AUSTIN, TEXAS 78, SEVEN OH ONE DISTRICT ONE.

AND WE HAVE STAFF HERE TO PRESENT.

WE DO MADAM CHAIR.

THANK YOU.

I'M JERRY WITH THE CITY'S HOUSING PLAIN DEPARTMENT.

UM, SEVERAL YEARS AGO, THE CITY COUNCIL PASSED A RESOLUTION, UM, DIRECTING STAFF TO HELP CENTRAL HEALTH WITH THE REDEVELOPMENT OF THE BROOKLYN BRIDGE, UM, HOSPITAL CAMPUS, WHICH I BELIEVE I JUST SAW IN THE NEWS THE OTHER DAY, AS OF YESTERDAY IS A PILE OF RUBBLE.

UM, SO THE COUNCIL WAS INTERESTED IN THE CREATION OF AN INNOVATION DISTRICT IN THAT AREA.

UM, AND THEY WANTED US TO, UM, ALLOW CENTRAL HEALTH TO REDEVELOP THE OLD HOSPITAL SITE AND TO DO IT IN A MANNER THAT, UM, HAS A HIGH DENSITY, UM, TO ENCOURAGE A RESIDENTIAL USES AS WELL AS, UM, COMMERCIAL USES AND SPECIFICALLY HOPEFULLY MEDICAL RELATED, ESPECIALLY RESEARCH RELATED USES TO TIE IN WITH THE NEW, UH, OR THE NEW DELL MEDICAL CENTER.

UM, SO THE COUNCIL PASSED A RESOLUTION DIRECTING US TO GO DOWN THAT ROAD.

THE PATH WE CHOSE WAS THE A, UM, A ZONING OVERLAY.

UM, AND WE WORKED ON THAT FOR QUITE A WHILE.

UM, WHEN WE TOOK THAT TO COUNCIL LAST YEAR, THE COUNCIL DIRECTED US THAT THEY WOULD INSTEAD PREFER THAT WE DO A PLANNING, A DEVELOPMENT OR A PUD, UM, RATHER THAN A, UM, UM, AN OVERLAY.

SO THEY PASSED A NEW RESOLUTION, DIRECTING US TO TAKE THE SAME IDEAS THAT WE BROUGHT TO THEM IN THE OVERLAY, EXCEPT TO DO IT IN THE FORM OF A, UH, A ZONING CASE, A PUNT INSTEAD OF AN OVERLAP.

SO, UM, THIS, THIS ITEM IS BACK BEFORE YOU, BECAUSE IT IS A POD.

UM, I CAN TELL YOU THAT THE, UM, THE THINGS THAT THE APPLICANTS ARE REQUESTING IN SUMMARY ARE THAT THERE'D BE NOT A MINIMUM LOT SIZE LOT WITH OR SETBACK THAT THERE'S NO MAXIMUM BUILDING COVERAGE OR IMPERVIOUS COVER THAT THE SETBACKS ARE REDUCED DOWN TO 10 FEET, THAT THEY COULD GO UP TO A TWENTY-FIVE TO ONE FAR BEFORE THE DOWNTOWN DENSITY BONUS PROGRAM KICKS IN, UM, THAT THEY WOULD, UM, BE REQUIRED TO DO TWO-STAR GREEN BUILDER.

UM, THEY'RE ALSO ASKING FOR BASICALLY THE SAME USES THAT WOULD BE ALLOWED IN CBDS ZONING.

UM, ALTHOUGH THE PROPERTY, UM, UM, WOULD BE HIS OWN POD, IT WOULD BE THE EXACT SAME USES AS LOUD AND CBD WITH THE EXCEPTION THAT WE WOULD MAKE CONDITIONAL AUTO RENTALS AND AUTOMOTIVE SALES, AS LONG AS THEY WERE INDOORS.

AND WE PROHIBITED A BUNCH OF USES OF NO ONE REALLY WANTS TO SEE DOWNTOWN, LIKE AUTO WASHINGTON BAIL, SIR, UH, MANUFACTURING, ET CETERA, ET CETERA.

THE MODIFICATIONS THAT THE APPLICANT IS REQUESTING ARE, UM, ONE THAT THE ZONING CASE MAY CROSS THE RIGHT AWAY, UM, BECAUSE IT DOES CROSS, UM, RED RIVER STREET, UM, THAT THE, UH, PROPERTY BE NOT CONTIGUOUS THAT'S BECAUSE OF THE, AGAIN, THE CROSSING OF THE RUNAWAY MODIFICATIONS TO THE DOWNTOWN DENSITY BOSE PROGRAM.

IN OTHER WORDS, THAT IT WOULD KICK IN AT A TWENTY-FIVE TO ONE FLOOR AREA RATIO INSTEAD OF THE USUAL EIGHT TO ONE.

UM, AND THAT, UM, THE OPEN SPACE REQUIREMENTS, WHICH WOULD NORMALLY APPLY IN A POD THAT OF COURSE IS NOT DOWNTOWN AND WE DON'T HAVE PUDS DOWNTOWN, BUT THEY ASKED THAT THE, UM, THE OPEN SPACE REQUIREMENTS THAT WOULD NORMALLY APPLY TO A BUTTON WOULD NOT APPLY TO THIS ONE.

UM, AGAIN, THE, THE BIG PICTURE SCENARIO HERE IS THAT THE, UM, THE COUNCIL DIRECTED THE STAFF TO FIND A WAY FOR CENTRAL HEALTH TO MAXIMIZE THE ECONOMIC BENEFIT OF THE, UH, THE FORMER BRECKINRIDGE HOSPITAL SITE.

THE IDEA BEING THAT, UM, CENTRAL HEALTH, OF COURSE, UM, THEIR MISSION IS PROVIDING INDIGENT HEALTHCARE AND MONEY THAT THEY CAN MAKE OFF THE REDEVELOPMENT OF THIS SITE WILL GO TOWARDS INDIGENOUS HEALTH CARE.

SO THEY DIRECTED US TO COME UP WITH A WAY THAT ALLOWS THEM TO MAXIMIZE THAT REVENUE STREAM.

UM, THEY'RE ASKING FOR NO MODIFICATIONS TO THE, UM, ENVIRONMENTAL REGULATIONS.

UM, SO THERE ARE NO, NO, UH, UM, ENVIRONMENTAL SUPERIORITY DETERMINED BECAUSE THERE WERE NO NO ASK OF THE, UM, OF THE CITY.

UM, ALSO I'D LIKE TO NOTE THAT

[01:50:01]

THE APPLICANT HAS WORKED WITH THE CITY ON, UM, THE RED RIVER REALIGNMENT.

UM, AS YOU KNOW, A FEW YEARS AGO WHEN THE DELL MEDICAL CAMPUS WAS BUILT, UM, RED RIVER BECAME DISJOINTED AND YOU HAVE TO DO A DOGLEG NOW.

UM, SO THIS, THIS PROJECT HERE THEY'VE WORKED WITH US, THAT IS ONE OF THE ELEMENTS TO GET TOWARDS SUPERIORITY AS THEY'RE WORKING, THEY HAVE WORKED WITH THE CITY AND WE'VE COME TO AN AGREEMENT ON A MANNER THAT RED RIVER CAN BE ONE ROAD AGAIN AND NOT HAVE TO DO, UM, THE DOG, LIKE, SO WITH THAT, I'M AVAILABLE FOR ANY QUESTIONS.

IT'S MOSTLY A ZONING ISSUE OF COURSE, AS OPPOSED TO AN ENVIRONMENTAL ISSUE.

BUT, UM, IF Y'ALL WANT MORE DETAIL ON THE ZONING SIDE OF IT, UM, I'M FAILED FOR QUESTIONS, QUESTIONS FROM ANY OF THE, UM, COMMISSIONERS.

UM, COULD I ASK ONE FINAL PROCEED? COULD YOU EXPLAIN TO US WHY THE TWO-STAR, I MEAN, THAT'S REALLY BASIC WITH A PEN, SO WHY, WHY WOULD THEY WANT THAT? OR THEY'RE, THEY'RE AGREEING THEY'RE AGREEING TO, UM, TO DO THE TWO-STAR SO THAT YOU'RE RIGHT.

THAT IS THE MINIMUM FOR A POD, AND THAT'S WHAT THEY'RE AGREEING TO.

SO IT WOULD BE OUR OPTION TO INCREASE THAT OR SUGGEST THAT THEY DO SURE.

YOU COULD MAKE A RECOMMENDATION AND THINGS RESET.

YES.

THANK YOU.

ALSO, ONE MORE THING, THE AUTOMOTIVE REPAIR, I MEAN, RENTAL AND SALES IS ONE THING THAT AUTOMOTIVE REPAIR.

I'M NOT REALLY NOW WE PROHIBITED AUTOMOTIVE REPAIR.

SO WE ALLOWED, WE ALLOWED RENTALS BECAUSE SOMETIMES WE HAVE DOWNTOWN SITES WHERE THEY KIND OF BRING CARS FROM, FROM OUT OF SIGHT.

AND THEN WE ALSO ALLOWED FOR THE POSSIBILITY OF LIKE THE, UH, AN INDOOR SHOWROOM, WHICH IS VERY, NOT, NOT VERY COMMON AT ALL, BUT I THINK, UH, TESLA HAS DONE IT WHERE THEY JUST KEEP ONE CAR INSIDE A STORE AND FOR YOU TO GO LOOK AT BASICALLY IT'S NOT A CAR LOT.

OKAY.

THANK YOU.

YES, GO AHEAD, COMMISSIONER.

I MEAN, EXCELLENT.

THANK YOU.

UM, SO PLEASE CLARIFY.

SO WILL THERE BE MULTIPLE POTENTIAL, MULTIPLE CONSTRUCTION SITES, UM, AT THE LOCATION OF THIS PUD AND LIKE HAPPENING AT DIFFERENT TIMES? YES.

IT'S A 14 ACRE SITE, WHICH IS, YOU KNOW, VERY LARGE FOR DOWNTOWN.

IF YOU THINK ABOUT, YOU KNOW, BRICK RANCH AND THE BUILDINGS WERE AROUND IT.

SO YES, WE ANTICIPATE TO BE A, NOT A SINGLE BUILDING OF COURSE, AND WOULD PROBABLY BE MULTIPLE BUILDINGS BUILT AT MULTIPLE DIFFERENT TIMES.

AND THEN ALL OF THOSE BUILDINGS OR ALL OF THOSE, UM, THEY BASICALLY ALL HAVE TO, TO ADHERE TO THE SAME ENVIRONMENTAL REGULATION.

SO I GUESS MY I'M GETTING IT.

UM, SO IT, IT IS AT THE ABOVE, I GUESS, THE WALNUT CREEK WATERSHED.

AND SO I JUST, UM, WANTED TO ASK THAT I'M NOT A HUNDRED PERCENT FAMILIAR.

UM, I'M RELATIVELY NEW WITH ALL THE REQUIREMENTS, ARE THE REGULATIONS, BASICALLY WHAT THE POD REQUIRES WHEN IT COMES TO, UM, UH, YOU KNOW, RUNOFF AND JUST BUILDING IN PROXIMITY TO, UM, TO, TO, TO WATERSHED, THEY WOULD HAVE TO COMPLY BECAUSE WE'RE ASKING FOR MODIFICATION, THEY WOULD HAVE TO COMPLY WITH WHATEVER ENVIRONMENTAL RULES WERE IN EFFECT AT THE TIME THAT THEY FILED A SITE PLAN APPLICATION.

OKAY.

AND, AND THEN AS COMMISSIONER THOMPSON SUGGESTED THERE, THE ENVIRONMENTAL COMMISSION COULD REQUEST THAT THEY, UM, GO ABOVE SOME, SOME OF THE ENVIRONMENTAL REQUIREMENTS OR REGULATIONS.

YES.

YOU CAN MAKE WHATEVER RECOMMENDATION HE LIKES, BUT I THINK SHE WAS SPEAKING SPECIFICALLY TO THE GREENSTAR INSIDE THE GREEN BUILDING REQUIREMENTS.

UM, WHEREAS THAT'S NOT REQUIRED BY THE CODE.

TYPICALLY WHEN YOU DO A POD, THE TWO STARS, THE, THE MINIMUM THAT YOU'RE REQUIRED TO DO, THEY'RE OFFERING TO DO TWO STAR AND THE COMMISSION COULD RECOMMEND NO GREATER THAN THAT, IF THEY SO CHOSE.

OKAY, THANK YOU, CHRIS HARRINGTON, ENVIRONMENTAL OSCAR.

WE, WE DO HAVE THE APPLICANT ONLINE, UM, AND SHE HAS THE PRESENTATION.

SO IF YOU WOULD LIKE TO HEAR FROM HER, OR IF YOU'D LIKE TO SPEAK, THAT IS AN OPTION, JUST FYI, KAREN COMMISSIONERS.

THIS IS MIQUEL MEET I'M WITH HUSH BLACKWELL AND I REPRESENT CENTRAL HEALTH.

UH, THE APPLICANT, I GUESS, TECHNICALLY THE CITY IS THE APPLICANT IN THIS CASE, SINCE IT WAS INITIATED BY THE COUNCIL, BUT I REALLY AM HERE TO ANSWER YOUR QUESTIONS, BUT I WANTED TO JUST EMPHASIZE THAT THIS IS REALLY ABOUT, UH, A MASTER PLAN FOR THIS PROPERTY THAT HAS

[01:55:01]

BEEN ONGOING A LONG, LONG TIME.

WE HAVE BEEN WORKING WITH THE VARIOUS DEPARTMENTS OF THE CITY WATERSHED PROTECTION, ATD, UM, PLANNING, HOUSING, AND PLANNING SINCE 2014, ACTUALLY, TO TALK ABOUT HOW TO MAKE THIS SITE, THAT ANCHOR SITE OF THE INNOVATION DISTRICT.

AND SO WE WERE ASKED BY COUNCIL TO GO BACK THROUGH THE PROCESS OF ZONING, THE SITE WE HAVE, WE HAD ACTUALLY ALREADY BEEN THROUGH THE PLANNING COMMISSION WITH THE OVERLAY AND BEN TO OUR FIRST READING AT COUNCIL.

WHEN A QUESTION WAS RAISED ABOUT WHETHER WE A MORE APPROPRIATE TOOL WOULD BE THE ZONING TOOL.

AND SO WE HAVE CHANGED NOTHING FROM WHAT HAS ALREADY BEEN REVIEWED BY THE BOARDS AND COMMISSIONS.

UM, WE ARE JUST TRYING TO BRING IT BACK THROUGH A PROCESS THAT AFFORDS, UH, PEOPLE IN CLOSE PROXIMITY TO IT NOTICE, AND YOU KNOW, IS WHAT COUNCIL MEMBERS FELT LIKE WAS THE MORE APPROPRIATE TOOL.

SO IT REALLY HAS BEEN A VERY, UH, LENGTHY DISCUSSION AND NEGOTIATION WITH THE CITY.

AND SO, ALTHOUGH WE UNDERSTAND THAT THEY'RE NOT A TON OF BELLS AND WHISTLES ON THIS PARTICULAR APPLICATION, WE ARE ASKING, UH, RESPECTFULLY ASKING THE COMMISSION TO, UM, TRY TO HELP US KEEP THIS, LIKE IT WAS, UH, WE ARE AS, AS MR ESTEFAN SAID, NOT ASKING FOR ANY DEVIATION FROM THE ENVIRONMENTAL REGULATIONS.

AND IN FACT, WE'VE BEEN WORKING WITH THE CITY ENVIRONMENTAL, UH, STAFF MEMBERS TO TRY TO COME UP WITH SOME SOLUTIONS FOR, UH, PROBLEMS IN THIS AREA SUCH AS FLOODING AND RUNOFF ISSUES.

SO, UH, WE ARE WORKING ACTIVELY WITH WATERLOO ABOUT THE PARK AND WALLER CREEK AND THE VICINITY.

UM, AND SO ALL OF THOSE THINGS, IT'S, IT'S VIRTUALLY IMPOSSIBLE TO TALK ABOUT IN A, IN A THREE MINUTE TIME SPAN, BUT ALL OF THOSE THINGS HAVE BEEN UNDER DISCUSSION FOR A REALLY, REALLY LONG TIME.

SO, YOU KNOW, W THE ONLY THING WE ARE ASKING FOR REALLY IS THE CBD BASED DISTRICT REGULATIONS AND USES, BUT WITH SOME PROHIBITED THAT WOULD NORMALLY BE ALLOWED AND THE 25 TO ONE, THE 25 TO ONE SAR, WHICH CENTRAL HEALTH REALLY BELIEVES IT NEEDS IN ORDER TO GENERATE ENOUGH REVENUE FROM THIS PROPERTY TO TRY TO OFFSET TAXES, THAT IT WOULD CHARGE TO THE CITIZENS IN THE FUTURE AND STILL ALLOW THEM TO PROVIDE ENGINEER HEALTHCARE.

THAT'S REALLY THE ONLY ASK WE HAVE UNDER THIS APPLICATION.

SO AGAIN, WE, UH, YOU KNOW, WE UNDERSTAND WE ARE DEFINITELY NOT THE FANCIEST PUD THAT HAS COME FORWARD, BUT WE REALLY RESPECTFULLY ASK THE COMMISSION TO ALLOW US TO KEEP THE APPLICATION AS IT IS, UM, AND, AND, AND RECOMMEND IN FAVOR OF IT MOVING FORWARD.

SO WE REALLY DO RELY ON TO ANSWER ANY QUESTIONS, UM, WAS THERE, UM, SORRY, MS. MEAN, UH, THERE'S A COUPLE OF THINGS YOU ARE GETTING SUPERIORITY BECAUSE YOU'RE DOING THE ROAD.

THAT'S A BIG THING THAT THE CITY IS WANTING FROM YOU.

YOU'RE NOT REQUESTING ANYTHING.

YOU'RE NOT DEVIATING FROM OUR ENVIRONMENTAL REGULATIONS, YOU'RE ADHERING TO ALL OF THEM.

AND SO, UM, WE CAN ASK FOR AN INCREASE IN THE, UH, UH, YOU KNOW, RECOMMENDATION FOR GREEN BUILDING, PERHAPS, BUT OTHER THAN THAT, THIS, UM, WE DON'T GET INTO ANYTHING BUT ENVIRONMENTAL ASPECTS WITH THIS PROPOSAL.

I THINK THAT'S RIGHT.

AND I WANT TO SPEAK A LITTLE ABOUT THE ROAD AND RESPONSE JUST TO LET YOU ALL KNOW.

SO CENTRAL HUB HAS AGREED TO NOT ONLY BUILD THE ROAD AT ITS EXPENSE, BUT DEDICATE THE LAND AND, AND BUY CENTRAL HEALTH, DOING THAT WORK INSTEAD OF THE CITY DOING IT, THE ACTUAL CONSTRUCTION OF IT, IT MEANS THE CITY GETS THAT PROJECT RIGHT AWAY.

IN FACT, IT'S ALREADY UNDER CONSTRUCTION, UH, AS OPPOSED TO THE CITY HAVING TO WAIT CONSIDERABLE NUMBER OF MONTHS OR YEARS TO BE ABLE TO DO THAT PROJECT.

SO THAT REALLY HAS BEEN A BIG COMPONENT OF THE OVERALL OVERALL ARRANGEMENT OR OVERALL AGREEMENT, ANY FURTHER DISCUSSION COMMISSIONER COIN.

I THINK YOU, YOU CLARIFIED WHAT I WANTED TO CLARIFY, I GUESS, YOU KNOW, BECAUSE THEY'RE NOT ASKING FOR ANY DEVIATION FROM THAT ENVIRONMENTAL LEGS FOR THIS TYPE OF DEVELOPMENT, I WANT TO BE PROPORTIONAL IN THIS.

AND I STILL THINK THREE STAR IS AN APPROPRIATE ASK.

UM, I, I DO WONDER, I KNOW IT'S NOT ON THE BOOKS, BUT, YOU KNOW, WE'VE HAD CONVERSATIONS IN THE PAST ABOUT FUNCTIONAL GREEN

[02:00:01]

AND HOW EVEN, YOU KNOW, DENSELY DEVELOPED SITES LIKE THIS CAN INTEGRATE MORE GREEN FEATURES.

AND I WORRY THAT THIS IS A MISSED OPPORTUNITY TO, TO TALK ABOUT THAT.

UM, BUT, BUT I CERTAINLY AM SYMPATHETIC TO THE AFRICAN AS WELL.

VERY GOOD.

YES.

COMMISSIONER THOMPSON.

I'M WONDERING, SO, SO THIS IS GOING TO BE DONE PIECEMEAL, IF WE WOULD BE ABLE TO REVIEW LIKE THE INDIVIDUAL PROJECTS OR IF THAT WOULD BE UNREALISTIC, UM, I'D LIKE TO ENCOURAGE THEM TO USE LIKE AIR CONDITIONING, WATER, AND RECLAIM EVERYTHING THEY COULD OFF OF THE SITE.

I GUESS NUMBER ONE, BECAUSE OF THE FLOODING ISSUES AND THE LACK OF WATER THAT WE HAVE HERE.

I MEAN, WE HAVE DROUGHTS QUITE OFTEN AND IT'S, IT'S SO HOT THERE NEAR THE HIGHWAY.

SO I'M WONDERING IF THAT'S AN OPTION FOR US.

COMMISSIONER THOMPSON WOULD BE A PART OF ONE OF THE OPTIONS THAT THEY COULD DO THROUGH THE GREEN BUILDING, OFTEN GREEN BUILDING CERTIFICATION.

IF SOMEONE COULD CONFIRM THAT THAT WOULD BE, YOU WILL BE, UH, THOSE, THOSE WILL BE ADDRESSED WITH THE GREEN BUILDING IS COMMISSIONER.

THAT WAS THAT HARRINGTON.

I JUST HEARD APOLOGIES CONCERNING THE ENVIRONMENT OFFICER THAT IS CORRECT.

THAT IS ONE OF THE OPTIONS AVAILABLE UNDER EIGHT, ALSO ENTERED THE GREEN BUILDING.

AND I WILL SAY AGAIN, THIS IS THE APPLE NICKEL MEET FOR THE APPLICANT.

WE ARE ACTUALLY WORKING WITH THE CITY WITH REGARD TO THE RECLAIMED INSTALLATION OF RECLAIMED WATER INFRASTRUCTURE TO NOT ONLY BENEFIT THIS PROPERTY, BUT THE HEALTH SOUTH PROPERTY THAT IS THE CITY OWNS THAT IS ABOUT TO BE DEVELOPED.

UM, THAT WILL ALSO MOST LIKELY BENEFIT THE INFRASTRUCTURE THAT THE WATERLOO GREENWAYS AND IS BUILDING IN WATERLOO PARK.

UH, WE ALSO ARE UPGRADING INFRASTRUCTURE FOR AUSTIN ENERGY TO BE ABLE TO ENSURE THAT WE HAVE CHILLED WATER ON THE SIDE AND DOING SOME OTHER THINGS FOR ENERGY SAVINGS.

SO A LOT OF THAT DISCUSSION IS, ARE, IS ALREADY UNDERWAY.

THANK YOU ANYTHING FURTHER? JUST ONE THING I THINK WE THINK IF WE, I WOULD LIKE TO CONSIDER THE THREE-STAR CONDITION AND ALSO JUST THE RECOMMENDATION TO CONTINUE TO WORK FOR THE CITY ON OFFICIALLY INTEGRATING FUNCTIONAL GREEN PRINCIPLES INTO THE DESIGN OF THE SITE.

OKAY, GOOD.

MADAM VICE CHAIR.

I COULD BARELY HEAR THAT YOU'RE INTEGRATING, UM, FUNCTIONAL DESIGN TO, TO, TO, UH, ASK THAT THE MEDICINE REQUIREMENT FOR OFTEN GREEN BUILDING CERTIFICATION BE UPGRADED TO THREE STARS.

AND, UH, UH, WE RECOMMEND THAT THEY CONTINUE TO WORK WITH YOUR CITY TO INTEGRATE FUNCTIONAL GREEN PRINCIPLES WHEREVER POSSIBLE.

OKAY.

I NEED TO CAUSE PUBLIC FURTHER DISCUSSION.

UM, AND THE RECLAIMED WATER.

CAN WE, I MEAN, THEY'RE TALKING ABOUT IT.

SO COULD WE ADD THAT PLEASE? THE PIPES, THE PURPLE PIPES, WE GOT TO BE CLEAR.

WE KNOW THAT THE PROTOTYPE IS THAT THAT'S RECLAIMED FROM THE CITY, BUT I THOUGHT YOU WERE TALKING ABOUT CALMING THE CITY REUSE FROM ONSITE THAT TO COMMISSIONER REIMBURSE.

I'M GOING TO ASK FOR A MOTION TO CLOSE THE PUBLIC HEARING CLOSED THE PUBLIC HEARING.

SECOND MOTION TO CLOSE THE PUBLIC, HEARING MY RANDBURG SECOND.

AND MARK RICHARD WAS AT YOU.

YES, PRIMER.

OKAY.

ANYTIME.

OKAY.

I THINK WE'RE READY FOR YOUR MOTION UNLESS YOU NEED A FEW MINUTES.

YOU'RE FINE.

I'M READY.

UM, ALL RIGHT.

UH, ON AGENDA B UH, CENTRAL HEALTH AND GET TO DEVELOPMENT, SEE EIGHT ONE FOUR DASH 2020 DASH ZERO ONE THREE TWO.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING TO CHANGE ZONING FROM TWO PD.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE STAFF RECOMMENDS GRANTING THE REQUESTED PLANNED UNIT DEVELOPMENT PUD DISTRICT ZONING WITH WAIVERS OF CERTAIN THRESHOLD REQUIREMENTS, ESTABLISHED SITE DEVELOPMENT STANDARDS,

[02:05:01]

LAND USES AND CODE MODIFICATIONS.

AS OUTLINED IN THE BACKUP INFORMATION PROVIDED FOR THIS MEETING.

THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS GRANTING HUD DISTRICT ZONING FOR THE SITE IN ACCORDANCE WITH THE WAIVERS AND CONDITIONS PROVIDED IN BACKUP WITH THE FOLLOWING ENVIRONMENTAL COMMISSION CONDITION, THE COMMISSION REQUESTS, THE APPLICANT INCREASE TO THE MAXIMUM EXTENT PRACTICABLE THERE IN AUSTIN AND ENERGY GREEN BUILDING PROGRAM WRITING TWO, THREE, OR GREATER AND INTEGRATE FUNCTIONAL GREEN PRINCIPLES PRINCIPLES WERE AVAILABLE.

SECOND, THANK YOU.

THOMPSON WE'LL CALL.

YES.

I THINK SHE SAID YES THERE.

BIXLER.

YES.

THERE'S.

STOLZ AYE.

LAMBERG YES, YES, YES, YES.

MOTION CARRIES.

OH, THANK YOU SO MUCH.

THANK YOU.

THANK YOU SO MUCH.

OKAY.

THANKS FOR A, WAS IT ON THE AGENDA FOR POSSIBLE ACTION? UH, KAYLA, DID EVERYONE RESPOND TO YOUR DOODLE POLL THAT WE NEEDED THEM TO RESPOND TO FOR JUNE? SHE MIGHT NOT BE HERE MADAM CHAIR FOR 30 ENVIRONMENT.

SHE HAD TROUBLE GETTING TO MICROPHONE, BUT THAT IS CORRECT.

YES.

GOOD.

THANK YOU SO MUCH COMMISSIONERS.

UH, I WANT TO THANK, UM, PRIMER FOR, UH, GREEN TO BE ON THE, UM, FORESTRY COMMITTEE.

I THINK WE'LL BE ABLE NOW TO HAVE A MEETING.

THANK YOU SO MUCH FOR COMING FORWARD.

UH THERE'S PLEASE LOOK AT OUR COMMITTEES.

WE ARE, UM, GOING TO BE HAVING, UH, WE VOTED LAST TIME, UH, OF BRISTOL ON HAVING SIMPLY WORKING GROUPS AND WE'RE GOING TO NOT HAVE OUR, UH, URBAN GROWTH, UH, POLICY AND WATER QUALITY PROTECTION COMMITTEE ANYMORE, BUT WE WILL HAVE WORKING GROUPS.

AND SO WE'LL HAVE TO CHANGE THE BYLAWS BECAUSE WE'RE REMOVING ONE OF THESE COMMITTEES, BUT THAT'LL BE LATER ON.

BUT IF THERE'S SOMETHING ELSE THAT YOU SEE YOU WOULD LIKE TO JOIN IN ON, PLEASE LET KAYLA KNOW ANY UPDATES

[4. COMMITTEE REPORTS]

ON ANY OF OUR COMMITTEES JOINT SUSTAINABILITY COMMITTEE.

JUST WANTED TO MENTION THAT I ACTUALLY WAS NOT ABLE TO MAKE THE LAST MEETINGS I GOT CALLED TO SPEAK AT A RALLY.

SO IT'S USUALLY NOT A PROBLEM.

IS THAT BETTER? ALL RIGHT.

UH, ANYWAY, I, I, UH, VERY INFREQUENTLY MISS THOSE MEETINGS, BUT WAS SPEAKING AT A RALLY AT THE CAPITOL, UH, FOR THE LAST MEETING.

UM, SO I DID JUST WANT TO BRING UP THAT IN THE PAST.

WE'VE HAD A PERSON SERVICE KIND OF A BACKUP, UM, IF THE PRIMARY, UM, APPOINTEE CAN'T MAKE IT, UH, AND, AND THAT PERSON WHO WAS MY BACKUP ROLLED OFF, UH, I THINK THAT THERE'S ONE, WHO'S VOICED SOME INTEREST TO KAYLA AND CHRIS.

UM, BUT I JUST WANTED TO SAY, I, I I'D LIKE TO MAKE SURE THAT I HAVE SOMEONE I CAN, I CAN PULL IN TO, TO MAKE SURE ENVIRONMENTAL COMMISSION IS REPRESENTED, UH, IN THE EVENT THAT I CAN'T ATTEND.

UM, SO JUST GET IN TOUCH WITH ME, UM, IF YOU'D LIKE TO DO SO.

UM, I WILL BE HAPPY TO TALK ABOUT THAT.

THANK YOU.

UM, I DON'T WANT TO JUST TACK ON VERY IMPORTANT.

WE HAVE HAD A LOT OF ISSUES TONIGHT WITH THE SOUND, UH, THE, THE, UH, JOINT COMMITTEE OF THE ENVIRONMENTAL COMMISSION AND THE PARKS BOARD.

THIS IS THE BARTON SPRINGS MASTER PLAN COMMITTEE.

WE HAVE NOT MET BECAUSE A, THERE THERE'S BEEN COVID AND B THERE'S BEEN A LOT OF CHANGES WITH, UH, DIFFERENT BOARD MEMBERS COMING ON, BOTH THE PARKS BOARD AND THE ENVIRONMENTAL COMMISSION.

SO NOW, YOU KNOW, I'D LIKE FOR US TO THINK ABOUT WHO WOULD LIKE TO BE ON THAT, UH, FROM

[02:10:01]

THERE'S THREE OF US THAT ARE ON THIS, UH, FROM THE ENVIRONMENTAL COMMISSION AND PEGGY MACIO WAS NOW GONE, AND SHE WAS OUR THIRD MEMBER.

AND THEN, UH, ONCE WE GET THAT SETTLED, UH, WE COULD HAVE A ONE-ON-ONE ON THE BARTON SPRINGS MASTER PLAN.

I CHAIR THAT.

SO I COULD BRING FORWARD, UM, A MEETING, JUST, JUST TO ORIENT ALL THE NEW PEOPLE ON HOW THAT CELL A MAN OR TRUMPS EVERYTHING WITH THAT FEDERAL REG, YOU KNOW, THAT DARN.

AND SO ANYWAYS, UM, WE THAT'S ABOUT IT FROM ME.

HOW ABOUT THE BELT TONY'S CANYON LAND? HAVE THEY MET YET? COMMISSIONER LAMBERT? I HAVE NOT.

UM, LAST I HEARD THINGS WERE STILL IN FLUX, SO I HAVEN'T REALLY DONE MUCH.

UM, THERE'S NOT MUCH TO REPORT BACK, BUT I'LL TRY TO, UH, GET AN UPDATE ON, ON, UH, WHEN SOMETHING MIGHT HAPPEN, UM, BEFORE OUR NEXT MEETING.

GREAT.

AND THEN THE LAST THING I WANT TO SAY IS THAT THE, UM, SOUTH CENTRAL WATERFRONT ADVISORY BOARD IS BORN TO MEET, AND WE'RE TRYING TO FIGURE OUT, UH, THE STRUCTURE OF THE BOARD, UH, AND SEE IF THERE'S A POSSIBILITY ON WHO SHOULD BE ON THAT BOARD, AS IT MOVES FORWARD TO THAT LEVEL WITH THE, UM, TIF AND THE MAKINGS OF THIS NEW BOARD THAT WOULD OVERSEE ALL THE MONIES THAT WOULD COME FORWARD.

AND ONE OF THE BIG PIECES WE REALLY WANT TO GET GOING IS, UH, CEMENTING AND GETTING COUNCIL TO APPROVE THE BOARD SO THAT WHEN THIS, UM, STATESMAN PROJECT THAT ENDEAVOR IS INVOLVED WITH COMES FORWARD, THAT THAT'S ALREADY IN PLACE.

THE WORKING GROUP MET, WE DID A WALK OVER AT THE STATESMAN SIDE.

WE ALSO, UM, YOU KNOW, HER HAD A GREAT MEETING AND STAFF HAS NOW SENT OUT, UM, ALL THE RESPONSES TO OUR QUESTIONS.

AND I'M SURE WE CAN SHARE THOSE WITH Y'ALL.

AND AGAIN, IT'S JOINT BETWEEN THE PARKS AND THE ENVIRONMENTAL COMMISSION, SINCE WE'RE SO CLOSE TOGETHER WITH THE PARK AND THE SHORELINE.

SO WE'RE STILL, WE'RE STILL LOOKING AT THAT COMPLEX ITEM, BUT I THINK THAT'S IT.

ANYTHING ELSE GOING ONCE GOING TWICE MICHIGAN TEMPLATE AND WATERSHED PROTECTION JUST WANTED TO MAKE ONE QUICK CLARIFICATION ON THE JOINT COMMISSION, OR I'M SORRY, THE JOINT COMMITTEE OF THE PARKS BOARD AND THE ENVIRONMENTAL COMMISSION.

WE ACTUALLY HAVE TWO VACANCIES.

OOH.

AND REALIZE THAT THE OTHER ONE WAS MARIANNE NEELY.

SO IF ANYBODY'S INTERESTED, PLEASE DO REACH OUT TO LINDA AND I THANK YOU.

GREAT.

OH, WITHOUT OBJECTION.

I'M GOING TO ADJOURN THIS MEETING AT 8:15 PM AND THE NAME OF COTTONWOOD TREES OUT OF THE HOUSE.

JUST ENOUGH TO GET BY.