Apr 13, 2022 Water and Wastewater Commission

[00:00:01]

OKAY.

IT'S 6 0 8 AND WE WILL START WHAT AN WASTEWATER GROW GREGOR OF MEETING.

AND WE

[CALL TO ORDER]

AND WE GOT COMMISSIONER MICHELLE LEE PERRY MUST GROW AND TO DATA IN PERSON.

AND THEN WE GOT A COMMISSIONER WILLIAMS IN REMOTE.

SO WE HAVE QUORUM AND WE'LL START THE MEETING AND FORCING, WE LIKE TO, UH, INTRODUCE OUR NEW INTERIM DIRECTOR, MR. GOOD.

AND LET HIM INTRODUCE HIMSELF.

THANK YOU, JEREMY.

MY NAME'S ROBERT GOOD.

AND UH, THE CITY MANAGERS ASKED ME TO BE AN INTERIM CHAIR IN HER OR MY DIRECTOR FOR AUSTIN WATER.

AND I WANT HER TO JUST SHARE WITH YOU MY RURAL PRIMARY ROLE THAT THE MANAGER'S GIVEN ME IS TO SUPPORT THE GREAT WOMEN AND MEN AT THE, AT THE WATER UTILITY GREAT TEAM.

SO DURING THIS TRANSITION PERIOD, THAT'S MY PRIMARY FOCUS IS, IS TRULY TO SUPPORT THEM AND PARTNER WITH THIS COMMISSION TO CONTINUE TO TAKE THE WATER UTILITY.

WE WE'VE, WE'VE HAD SOME, A STEP BACKWARDS AND NOW WE WE'RE.

WE WANT TO MAKE SURE TO PUSH FORWARD AND WE'RE, WE'RE POISED TO DO THAT.

I'VE GOT SOME EXPERIENCE WITH THE CITY.

I WAS A 10 OVER 10 YEARS AS ASSISTANT CITY MANAGER.

AND DURING THAT TIME, I ACTUALLY HAD AUSTIN WATER IN MY PORTFOLIO.

SO FAMILIAR WITH MANY OF THE TEAM MEMBERS, AND IT'S GOOD TO WORK WITH THEM AGAIN AND AGAIN, IT'S GOING TO BE GREAT TO WORK WITH THE COMMISSION.

SO, UH, THANK YOU FOR HELPING ME.

UH, DURING THIS TIME WE EXPECT THIS TO BE THE MANAGER'S GOING TO OPEN THIS ON A NATIONWIDE SEARCH.

WE EXPECT MY TENURE WOULD BE SOMEWHERE BETWEEN 6, 7, 8 MONTHS, DEPENDING ON HOW LONG IT TAKES FOR THEM TO HIRE THE PERMANENT DIRECTOR.

SO I'M HERE IN THAT NET SUPPORT ROLE DURING THIS TIME.

AND AGAIN, REACH OUT TO ME WITH ANY QUESTIONS THAT YOU HAVE TONIGHT AS WELL, OR ANY TIME DURING, DURING, DURING THIS TENURE.

SO I APPRECIATE WORKING WITH YOU.

THANK YOU CHAIR.

THANK YOU VERY MUCH FOR YOU.

STEP UP, UH, WHY WE NEED SOMEONE TO GIVE US GUIDANCE AND HELP.

OKAY.

LET'S MOVE TO

[A. APPROVAL OF MINUTES]

APPROVAL OF MINUTES FROM MARCH 9TH, 2020 NIGGER MEETING COMMISSIONERS.

GOT A CHANCE TO LOOK AT THE MINUTES.

AND IS THERE A MOTION, MOTION, MOTION MADE BY COMMISSIONER CHAIR.

I'LL SECOND.

SAY I'M SORRY.

WHICH ONE? I'M SORRY.

OH, COMMISSIONER MICHELLE.

SECOND.

ALL IN FAVOR.

PLEASE RAISE YOUR HAND.

OR SHE CAN SEE COMMISSIONER MORIARTY RAISE HIS THUMB AND ALL IN ALL PRESIDENT RESENTS.

HOW ABOUT YOU? COMMISSIONER WILLIAMS? YES.

OKAY.

THANK YOU.

LET'S APPROVE AN MSD.

UH,

[B. ITEMS FOR COMMISSION’S REVIEW AND RECOMMENDATION FOR APPROVAL TO CITY COUNCIL]

AND AS A COMMISSIONER, IF YOU'VE GOT ANY QUESTIONS OR ANY RECUSED SOULS, AND IF WE'VE GOT RECUSED, THOSE PRIESTS STATE, THE REASON FOR YOUR RECUSAL AND WE'LL START WITH COMMISSIONER.

MORIATTI NO QUESTIONS, NO RECUSALS.

THANK YOU.

COMMISSIONER PENN, NO QUESTIONS.

NO RECUSALS.

COMMISSIONER NAVARO, NO QUESTIONS.

NO RECUSALS COMMISSIONER MICHELLE.

I HAVE NO RECUSALS, UH, QUESTIONS ON SEVEN.

OKAY.

I DON'T HAVE ANY QUESTIONS.

I DON'T HAVE ANY QUESTIONS.

I NEED TO RECUSE ON ITEM B FIVE.

SINCE OUR FIRM IS A SUB CONSULTANT TO THE DESIGN ENGINEER ON THE PROJECT.

COMMISSIONER CASSELBERRY.

UM, I HAVE NO RECUSALS.

I HAVE A QUESTION ON ITEMS. SORRY.

NO RECUSALS HAVE A QUESTION ON ITEM FOUR.

THANK YOU.

COMMISSIONER MOSCOW, NO QUESTIONS.

NO RECUSALS COMMISSIONER WILLIAMS. THE QUESTIONS NEVER ACCUSED WILL.

THANK YOU, COMMISSIONER.

NO QUESTIONS.

NO RECUSALS.

OKAY.

SO THE CONSENT ITEMS ARE B 1 2, 3 N 6 1 2 3 N SIX.

AM I CORRECT? OKAY.

IS THERE A MOTION

[00:05:02]

KESO PERRY IS A SECOND.

A SECOND.

SECOND BY COMMISSIONER.

ALL IN FAVOR.

PLEASE RAISE YOUR HAND AND SHOWING.

OH, PRESIDENT IS RAISE HANDS AND THE COMMISSION, PNEUMONIA RATES, ISLAM AND COMMISSIONER WILLIAMS. OKAY.

THANK YOU.

SO APPROVAL AN EMISSARY.

NOW LET'S MOVE TO ITEM BEFORE

[B.4. Recommend approval to negotiate and execute a contract with AT&T to provide local and long-distance telephone services citywide, for a term of five years for a total contract amount not to exceed $15,600,000. Austin Water’s total requested authorization is $1,100,000.]

A COUNTRY WITH 80 AND A T TO PROVIDE LOCAL AND LONG DISTANCE TELEPHONE SERVICES CITYWIDE FOR A TERM OF FIVE YEARS FOR A TOTAL COUNTRY A MONTH, NOT TO EXCEED 15 MILLION, 600,000 TITLES, AUSTIN WATERS, TOTAL REQUEST AUTHORIZATION IS $1,100,000, UH, BY SHOWCASE OPERATOR.

YOU GOT QUESTION? YES.

YES.

THANK YOU.

UM, I HAD MADE A QUESTION FOR A LITTLE BIT MORE INFORMATION ON THIS JUST COMPARED, UM, AND IT WAS INTERESTING TO ME AND I WANTED TO COMMEND THE UTILITY FOR ACTUALLY, UM, GOING, I GUESS, APPARENTLY THAT THIS IS NOT THROUGH A COOPERATIVE.

SO IT WINDS UP SAVING, UM, COMPARED TO THE LAST, UH, TERM PROJECT.

SO I GUESS I WAS UNDER THE IMPRESSION THAT WHEN WE DO A COOPERATIVE, THAT THAT WAS ALWAYS A SAVINGS.

SO CAN YOU HELP ME UNDERSTAND THAT BETTER? YES.

WELL, FIRST OFF I'M DAVID JOHNSON.

I'M THE CHIEF INFORMATION OFFICER FOR AUSTIN WATER.

UH, THANK YOU FOR HAVING ME TONIGHT.

SO WITH THE DIR CONTRACT AND SOME OF THE OTHER COOPERATIVES, THERE IS AN OVERHEAD CHARGE IN THOSE THAT IS ON TOP OF WHAT A BID PRICE MAY BE.

SO IN THIS CASE, WE'RE GOING SOLE SOURCE WITH AT AND T AND WE'RE REALIZING ROUGHLY A 4% SAVINGS YEAR OVER YEAR FROM THAT CONTRACT BY GOING SOLE SOURCE AND NOT INCLUDING THE DIR OVERHEAD THAT IT IS TO MANAGE THAT CONTRACT FOR US.

SO IS THIS UNIQUE, CAUSE I KNOW THERE'S A LOT OF THINGS THAT COME BEFORE US AND THEY'RE COOPERATIVE AND I JUST ALWAYS ASSUMED THAT'S THE BEST DEAL.

SO WHAT'S THE, IS THE REGULAR PROCEDURE TO LOOK AT BOTH AND COMPARE AND GO WITH WHAT IS BEST WELL F FOR OUR TECHNOLOGY PLATFORM.

WE DO COMPARISONS.

SO WE'LL GET MULTIPLE BIDS TO FIGURE OUT WHAT IS THE BEST AVENUE FOR US.

AND IN THIS CASE, IF WE RENEWED THE DIR, IT WOULD HAVE STILL STAYED, EXCUSE ME, AT THE SAME LEVEL THAT IT WAS, BUT BY GOING SOLE SOURCE AND BIDDING IT DIRECTLY WITH AT AND T, WE WERE ABLE TO REALIZE THAT SAVINGS.

SO WE TYPICALLY DO AT LEAST A THREE BID, THREE BID, A THREE QUOTE, MINIMUM TO DO THOSE COMPARISONS.

AND IN MOST CASES, WE ARE ABLE TO LEVERAGE A PRE NEGOTIATED PRICE THROUGH DIR.

THAT IS, THAT IS CHEAPER IN THIS CASE AT AND T WAS ABLE TO COME IN WITH A QUOTE THAT WAS LESS.

THANK YOU.

I COMMEND THAT YOU GUYS TAKE THE EFFORT TO DO THAT AND MAKE SURE THAT WE HAVE THE BEST TERMS. THANK YOU.

COMMISSIONER HAS GOT ANY MORE QUESTIONS FOR STUFF? WELL, I GOT NO ONE CURIOUS QUESTION.

SO WE GOT DIFFERENT COOPERATIVE PURCHASE, LIKE SAY SOME ORIENTAL CODE BUYBOARD OR DIFFERENT ARE THEY CHARGING THE SAME MEMBERSHIP TO USE? I DON'T KNOW.

SO I COULD ANSWER THAT TO BE HONEST WITH YOU.

I DON'T KNOW IT WAS, I'M THE BEST CANDIDATE FOR THAT.

UH, HELLO, UH, JONATHAN DASH WITH AUSTIN WATER PURCHASING.

UM, SO YEAH, DIFFERENT COOPERATIVES CHARGED DIFFERENT RATES, DIFFERENT COOPERATIVES, UH, UH, IN THEIR BIDDING PROCESS, UM, ACTUALLY GAIN DIFFERENT, UM, PRICING STRUCTURES AS WELL.

UM, BUT MOST, MOST COOPERATIVES DO OFFER US THE, UH, UH, ABILITY TO, TO NEGOTIATE ON CONTRACTING PRICING TO, UM, SOME VENDORS, YOU KNOW, ARE A LITTLE BIT MORE FLEXIBLE THAN OTHERS.

SO, UM, FOR THIS PARTICULAR REASON, BUYBOARD FOR REFERENCE, UM, IS, DOES OFFER LIKE OUR, UM, DOES REQUIRE US TO PAY A $400 FEE PER A PURCHASE ORDER.

SO THERE ARE DIFFERENT AVENUES, DIFFERENT ASPECTS OF GOING THROUGH DIFFERENT COPPERS.

OKAY.

THANK YOU.

ANY MORE QUESTIONS? COMMISSIONER MORIARTY? YOU GOT A QUESTION? OKAY.

COMMISSIONER WILLIAMS QUESTION.

[00:10:04]

THANK YOU VERY MUCH.

UH, IS THERE A RECOMMEND A MOTION I'LL MOVE TO APPROVE MOTION MADE BY VICE CHAIR IS THE CHAIR.

I MOVED TO SECOND THAT COMMISSIONER MICHELLE SECONDED ALL IN FAVOR.

PLEASE RAISE YOUR HAND.

MICHELLENE.

OH, IN PERSON APPROVE IT.

AND THE COMMISSIONER MONYETTE HE GOES, HE THUMBS UP AND THE COMMISSIONER WILLIAMS. OKAY.

IS APPROVED AN MSD.

THANK YOU VERY MUCH.

THANK YOU.

OKAY, LET'S MOVE TO ITEM

[B.5. Recommend approval to award and execute a construction contract with Facilities Rehabilitation, Inc., for the Academy Drive Water and Wastewater Pipeline Renewal project in the amount of $2,196,505 plus a $219,650.50 contingency, for a total contract amount not to exceed $2,416,155.50. (District 9)]

ITEM FIVE I'LL READ IN IS FOUR RECOMMEND APPROVAL TO AWARD AND EXECUTE A CONSTRUCTION CONTRACT WITH FACILITIES, REHABILITATION, INC FOR THE ACADEMY DRIVE WATER AND WASTEWATER PIPELINE RENEWAL PROJECT IN THE AMOUNT OF 2 MILLION, $196,505.

PLUS A $219,650 50 CENT CONTINGENCY FOR A TOTAL CONTRACT AMOUNT, NOT TO EXCEED 2 MILLION, $416,155 AND 50 CENTS.

AND THIS IS IN DISTRICT NINE.

UM, WE HAVE, UH, WELL, IS THERE ANYTHING FOR DISCUSSION? OKAY.

UH, NOT SEEING THAT.

UM, DO I HAVE A MOTION TO APPROVE? SO MOVED, UH, COMMISSIONER CERITA, UH, GIVES A MOTION TO APPROVE.

DO I HAVE A SECOND? HOLD A SECOND.

OKAY.

UH, COMMISSIONER MICHELLE SECONDS.

SO, UH, MAY I SEE A SHOW OF HANDS? OH, SORRY.

YES.

COMMISSIONER MORIARTY.

IS THIS THE ONE THAT ONLY HAD ONE DEAD? YES.

THANK YOU.

DO YOU HAVE ANY ITEMS FOR DISCUSSION? NO, I JUST, UH, I'LL BE BODY.

NO.

ANY OTHER ITEMS FOR DISCUSSION? OKAY.

WE HAVE COMMISSIONER, UH, MARIETTA, UH, GAVE FIRST MOTION, UH, COMMISSIONER MICHELLE SECOND.

UM, IF I CAN SEE A SHOW OF HANDS FOR APPROVAL.

OKAY.

WE HAVE COMMISSIONER LIBOR ACCUSING.

UM, WE HAVE ALL PRESENT EXCEPT FOR COMMISSIONER LEE.

WHO IS RECUSING COMMISSIONER MORIARTY.

YOU SAID YOU ARE VOTING? NO.

AND COMMISSIONER WILLIAMS. WHAT SAY YOU? YEAH.

YES.

YEAH.

OKAY.

SO WE HAVE, UM, ALL EXCEPT FOR COMMISSIONER LEE.

WHO'S RECUSING COMMISSIONER MORIARITY WHO IS VOTING? NO.

AND I'LL PUT THE, UH, MEETING BACK TO CHARLIE.

THANK YOU.

LET'S MOVE ON.

UH, SHIFTING THE AGENDA.

I DID A BIT, LET'S MOVE ON TO ITEM

[F.1. Proposed Revisions to Water Conservation Ordinance (related to Commission voting item B7)]

BEFORE WE COME BACK TO ITEM B SEVEN.

SO WE'LL MAKE THE STAFF TO MAKE A PRESENTATION NOW FOR F1.

GOOD EVENING.

COMMISSIONERS.

KEVIN CRITTENDON AUSTIN WATER.

GLAD TO BE HERE WITH YOU TONIGHT.

UM, THIS EVENING, UH, THIS IS A BIT OF A RECAP FROM LAST MONTH WE BROUGHT TO YOU IN RCA ON A WATER CONSERVATION PENALTIES.

UM, THIS MONTH WE'VE TAKEN A LITTLE BIT OF A DIFFERENT APPROACH AND WE'RE GOING TO GIVE YOU A LITTLE BIT OF A PRESENTATION TO PROVIDE A LITTLE BIT MORE BACKGROUND.

HOPEFULLY THAT'LL ANSWER SOME QUESTIONS.

UM, I THINK REALLY ALL I'LL START IS JUST BY DESCRIBING I THINK GENERALLY SPEAKING, UM, YOU KNOW, THE ITEM THAT WE HAVE IN THE RCA ITSELF IS REALLY A BIT OF AN ADMINISTRATIVE MATTER.

IT'S A, IT'S AN ATTEMPT TO TRY TO ALIGN, UM, CURRENT WATER CONSERVATION PENALTIES WITH, UM, SOME RECENT CHANGES THAT WERE MADE TO TRY TO MAKE SURE THAT ALL THE CITY'S, UH, PENALTY PROCESSES ALIGNED IN CHAPTER TWO 13.

UM, IT'S A LITTLE BIT INTIMIDATING BECAUSE OF THE VOLUME OF NUMBERS IN THAT.

UM, SO WE'RE GOING TO TALK TO YOU A LITTLE BIT ABOUT

[00:15:01]

UM, BUT AGAIN, I THINK REALLY OUR ATTEMPT HERE IS TO MAKE SURE THAT OUR NEW, UH, WATER CONSERVATION WATER CONSERVATION PENALTIES ARE TRANSPARENT.

AND THAT'S WHY THE, THE LOOK OF IT LOOKS MAYBE PERHAPS A LITTLE BIT INTIMIDATING.

UM, JUST A POINT OF CLARIFICATION, THE RCA, AND IT IS IN AND OF ITSELF, DOESN'T ADD ANY NEW WATER CONSERVATION REQUIREMENTS.

SO THERE ARE NO NEW PROGRAMS OR NO NEW WATER CONSERVATION RESTRICTIONS.

THIS IS JUST TRYING TO ALIGN EXISTING RESTRICTIONS THAT ARE ALREADY IN CODE WITH THE PENALTY REQUIREMENTS THAT ARE NOW IN SECTION TWO POINT 13.

SO THAT'S A LITTLE BIT OF THE OVERVIEW.

KEVIN KLUGIE IS OUR DIVISION MANAGER OVER WATER CONSERVATION.

HE'S GOING TO GO OVER THE GENERAL OVERVIEW AND THEN ALSO WITH US AS STEVE VILLA TARO, HE'S OUR SUPERVISOR OVER OUR ENFORCEMENT SECTION.

SO HOPEFULLY BETWEEN KIND OF WHAT WE'VE GOT HERE TONIGHT, WE'LL BE ABLE TO ANSWER SOME QUESTIONS AND KIND OF GIVE YOU A LITTLE BIT BETTER PERSPECTIVE OF THE PROCESS.

SO WITH THAT, I'LL TURN IT OVER TO KEVIN.

ALL RIGHT.

THANK YOU.

GOOD EVENING COMMISSIONERS AGAIN, MY NAME'S KEVIN WATER CONSERVATION MANAGER.

THIS BRIEFING IS A FOLLOWUP FROM THE DISCUSSION, AS KEVIN MENTIONED FROM LAST MEETING IN WHICH THERE IS REQUEST FOR INFORMATION REGARDING HOW THE PROPOSED PENALTY IS, WILL BE APPLIED AND ENFORCED QUICK AGENDA.

I WANT TO TALK ABOUT THE GOAL OF THIS ORDINANCE, HISTORICAL ENFORCEMENT, GIVE YOU A BIT OF CONTEXT, TALK ABOUT CURRENT PROCESSES, WHICH WILL BE CONTINUED, PENALTY RECOMMENDATIONS, EXAMPLES.

AND THEN FINALLY, A SUMMARY.

THE GOAL AS KEVIN ALLUDED TO THE GOAL OF THIS RCA IS TO ADOPT AMENDED CONSERVATION PENALTIES THAT ARE RELATED TO THE TYPES OF AND WATER CUSTOMERS AND ARE RELATED TO THE TYPES OF WATER CONSERVATION VIOLATIONS CURRENTLY PENALTIES IN CHAPTER TWO 13, DO NOT DO THAT.

IT'S ONE TOOL FOR ALL TYPES OF JOBS.

THIS RCA ATTEMPTS TO EXPAND THAT.

SO WE HAVE MANY DIFFERENT TYPES OF TOOLS TO RESPOND TO DIFFERENT TYPES OF VIOLATIONS AND CUSTOMERS.

AND FINALLY, THESE AMENDED PENALTIES PROVIDE A RANGE IN WHICH PENALTIES CAN BE ADJUSTED BASED ON THE IMPACT VIOLATIONS AND WHAT IS NECESSARY TO INFLUENCE BEHAVIOR, UM, OF AUSTIN WATER CUSTOMERS.

AGAIN, RECAPPING WHAT KEVIN JUST MENTIONED.

WE HAVE CODE FOR WATER CONSERVATION IN 64.

WE ALSO HAVE PENALTIES IN CHAPTER TWO 13, AS WELL AS HEARING PROCESSES THAT ARE ALREADY LAID OUT IN TWO 13.

AND THOSE TO REALLY MOVE INTO UTILITY GUIDELINES IN WHICH UTILITY HAS ENFORCEMENT PROCESSES AND WILL HAVE PENALTIES WITHIN RANGES, DELINEATED.

STEPPING BACK JUST A MOMENT.

AND THIS IS AN AREA WHERE WE DIDN'T REALLY PROVIDE VERY MUCH INFORMATION INITIALLY, BUT I WANTED JUST TO GIVE YOU A BIT OF CONTEXT REGARDING HISTORICAL ENFORCEMENT BY AUSTIN WATER FOR WATER CONSERVATION OVER THE LAST THREE YEARS OF INFORMATION THAT WE HAVE FISCAL YEAR 18 THROUGH 20 18, 19 AND 20 AUSTIN WATER HAD JUST OVER 1200 VIOLATIONS WITH PENALTIES ON AVERAGE EACH YEAR, 1200, AS YOU CAN SEE ON THE, IN THE PIE CHART, JUST TO THE RIGHT THERE, 87%, UNFORTUNATELY YOU CAN'T SEE THE BLACK TEXT VERY WELL THERE, BUT THAT LARGE BLUE PIECE OF THE PIE IS 87% OF ALL.

THE PENALTIES ON AVERAGE RATIO WERE FOR THE COMMERCIAL IRRIGATION ASSESSMENT PROGRAM.

10% WERE FOR THE COMMERCIAL VEHICLE WASH ASSESSMENT PROGRAM.

AND THE FINAL 3% OF ALL PENALTY VIOLATIONS ON AVERAGE, OVER THOSE THREE YEARS WERE FOR WATERING AND WATER WASTE VIOLATIONS.

AND AT 3% CONTAINS BOTH COMMERCIAL CUSTOMERS AS WELL AS RESIDENTIAL CUSTOMERS AND WATER AND WATER AND WASTE WOULD BE WHAT YOU MIGHT TYPICALLY THINK WATERING ON THE WRONG DAY OR HAVING A BROKEN SPRINKLER HEAD THAT SPRAYS INTO THE STREET OR A WATER LEAK THAT'S FLOODING YOUR YARD AND YOUR NEIGHBOR'S YARD OF THAT 3% ON AVERAGE WITH 36, HALF OF THOSE ARE FOR RESIDENTIAL.

SO ABOUT ONE AND A HALF PERCENT OF ALL OF OUR

[00:20:01]

SO THAT'S WHO HAS BEEN SUBJECT TO PENALTIES, THE NEXT THREE SLIDES.

I WANTED TO GIVE YOU A SNAPSHOT ON AN A BIT OF INFORMATION ON OUR ENFORCEMENT PROCESS FOR THESE DIFFERENT CUSTOMERS GROUPS, THE LARGEST GROUP THAT 97% AS I SHOWED BEFORE IN THAT THAT PIE CHART REALLY MADE UP OF COMMERCIAL FACILITY COMPLIANCE PROGRAMS. WE HAVE THREE SUCH PROGRAMS FOR COMMERCIAL IRRIGATION, IRRIGATORS, UH, VEHICLE WASH OPERATORS AND COOLING TOWER FACILITIES.

UH, EACH OF THOSE NEEDS TO SUBMIT A WATER EFFICIENCY ASSESSMENT EVERY YEAR FOR THE VEHICLE WASHING COOLING TOWERS AND EVERY OTHER YEAR FOR IRRIGATION, COMMERCIAL IRRIGATIONS, THEY CONDUCT THOSE IRRIGATION EFFICIENCY ASSESSMENTS, AND THEN THEY SEND AUSTIN WATER REPORT AND THAT'S RECALL REQUIRED IN THAT SIX FOUR CODE.

WE GIVE THEM NOTICE 90 OR 45 DAYS PRIOR TO THE DEADLINE, 94, THE IRRIGATION ASSESSMENT, 45 FOR CAR WASHES AND COOLING TOWERS.

AND IF THEY MISS THAT DUE DUE DATE, UH, WE NOTIFY THEM THAT THEY DID NOT SUBMIT IT ON TIME, BUT THEN WE GIVE THEM A 30 DAY GRACE PERIOD BEFORE INSTITUTING ANY NOTICE OF VIOLATION WITH A PENALTY.

AND AS YOU CAN SEE ON THAT CHART ON THE RIGHT-HAND SIDE, IT JUST GIVES YOU A SCALE THAT, OR AN UNDERSTANDING THAT THE VAST MAJORITY OF THESE COMMERCIAL CUSTOMERS ARE IN COMPLIANCE WITH THIS REQUIREMENT FOR THE COMMERCIAL IRRIGATION WITH OVER 3,300 CUSTOMERS, APOLOGIES FOR SUCH SMALL FONT ON THAT, BUT 3300 3300 COMMERCIAL IRRIGATION, 91% ARE IN COMPLIANCE.

SO THE VAST MAJORITY OF THEM ARE IN COMPLIANCE ENFORCEMENT REGARDING COMMERCIAL CUSTOMERS LEAKS.

WE REALLY KIND OF SPLIT IT UP INTO IRRIGATION SYSTEM LEAKS AND PORTABLE WATER SERVICE LINE LEAKS.

IF IT'S AN IRRIGATION LEAK AND WE ARE INFORMED OF IT, UH, WE, WE SEE IT.

WE GIVE VERBAL NOTICE WITHIN 24 HOURS CAUSE WE WANT THEM TO BE AWARE OF THIS PROBLEM THAT THEY MAY NOT BE AWARE OF.

UM, IF WE CAN'T GIVE A VERBAL NOTICE AND SOMETIMES THAT HAPPENS DEPENDING ON THE OPERATORS OR THE FACILITY, WE MAIL THEM A NOTICE.

AND WITHIN 10 DAYS WE ASK THEM TO CORRECT THE PROBLEM, EITHER TURNING OFF THE SYSTEM OR FIXING IT, AND THEN STAFF WILL COME BACK AND REINSPECT FOR POTABLE WATER SERVICE LINE LEAKS.

WE EXTEND THAT A BIT FOR MULTI-FAMILY CUSTOMERS.

CAUSE BECAUSE WE RECOGNIZE THAT WHEN YOU'RE DEALING WITH THE PORTABLE WATER SERVICE LINES AND PEOPLE WHO DEPEND ON THAT WATER SERVICE, AND IF THE REPAIR REQUIRES A SHUTOFF OR AN INTERRUPTION OF THAT, THAT THAT TAKES A WHILE TO COORDINATE.

SO WE EXTEND THAT TO 30 DAYS IN WHICH WE ASKED REPAIRS TO BE MADE AND IN BOTH CASES, STAFF REINSPECT.

AND THEN FINALLY, THE THIRD EXAMPLE I WANT TO GIVE IS OUR ENFORCEMENT PROCESS REGARDING RESIDENTIAL WATERWAYS.

AND THIS IS THE CASE WHERE YOU MIGHT TYPICALLY THINK OF IT WATERING ON THE WRONG DAY OR WATER SPRAYING ONTO THE STREET OR LEAKS.

WHAT HAVE YOU FOR RESIDENTIAL CUSTOMERS IN TERMS OF ENFORCEMENT? WE DO HAVE STAFF PATROL BETWEEN MAY AND OCTOBER.

GENERALLY THOSE STAFF TROLLS WILL TAKE PLACE IN THE LATE EVENING AND IN THE EARLY MORNINGS, UM, WHEN THEY WILL DRIVE AROUND THROUGHOUT THE CITY FOR RESIDENTIAL WATER WASTE, WITNESS OF THE VIOLATION IS REQUIRED.

WE RECEIVE QUITE A FEW TIPS OR NOTIFICATIONS IN THE 3, 1, 1 SYSTEM SAYING, YOU KNOW, MY NEIGHBORS WATERING ON THE WRONG DAY, OR THEY HAVE WATER SPRAYING ONTO THE STREET OR THEY'RE FLOODING MY YARD OR WHAT HAVE YOU.

AND WE TAKE THOSE SERIOUS AND WE FOLLOW UP ON THEM, BUT THERE'S NO VIOLATION FOR THOSE 3, 1, 1 CALLS WE AS STAFF HAVE TO BE THERE AND TO OBSERVE THE VIOLATION.

UM, BUT WE WILL FOLLOW UP ON THOSE, THOSE 3, 1, 1 CALLS.

THE FIRST TIME THERE WE HAVE A WITNESS OF THAT VIOLATION.

WE GIVE THEM A WARNING.

UH, WE CONTACT THEM, LETTING THEM KNOW WHAT THE PROBLEM IS BECAUSE THEY MAY NOT BE AWARE OF IT IF THEY'RE GONE FROM THE HOUSE AT THAT TIME OF THE DAY AND REFER THEM TO RESOURCES WE HAVE ON OUR WEBSITE.

UM, SO THERE IS NO PENALTY FOR THAT FIRST VIOLATION.

[00:25:01]

UM, AND WE DON'T NECESSARILY COME BACK TO REVISIT JUST TO PLAY A GAME OF GOTCHA WITH THE CUSTOMERS.

UH, OUR INTENT IS TO EDUCATE THEM, LET THEM KNOW WHAT'S HAPPENING AND, AND HOPEFULLY THEY CAN TAKE CARE OF THAT PROCESS, THAT THE VIOLATION, UH, THEMSELVES.

SO THOSE ARE JUST THREE EXAMPLES OF OUR MOST PROMINENT ENFORCEMENT PROCESSES.

I WANTED TO GIVE YOU A QUICK STEP-BY-STEP RUNDOWN OF WHAT HAPPENS AFTER WE ISSUED THAT NOTICE OF VIOLATION, BECAUSE THAT'S PART OF THE QUESTION IS, WELL, WHAT HAPPENS THERE IS THEIR DUE PROCESS FOR OUR CUSTOMERS.

AND I WANT TO PROVIDE AN ILLUSTRATION OF YES, THERE IS.

UM, THAT, THAT FIRST POINT OF COURSE IS THE WARNING NOV.

THERE'S NO PENALTY FOR THAT.

THE SECOND ONE IS IF THERE IS A SECOND NOTICE OF VIOLATION, THIS IS FOR COMMERCIAL CUSTOMERS OR RESIDENTIAL CUSTOMERS, EITHER CASE, THEN THERE WILL BE A NOTICE OF VIOLATION OR A NOTICE OF CITATION WITH A PENALTY.

UH, CUSTOMERS ARE GIVEN 20 DAYS AFTER WE SEND THAT OUT.

AND WITHIN THAT 20 DAYS, WE ASKED THEM TO EITHER ADMIT LIABILITY AND MAYBE THE CASE WHERE THEY SAY, YEAH, SURE, RIGHT.

I WAS WATERING IN THE WRONG DAY.

I'LL FIX IT.

AND I'LL PAY THE $25 FEE AS, AS WE ARE PROPOSING, UH, OR REQUEST A SUPERVISOR.

THEY MAY THINK, NO, THIS, THIS IS NOT RIGHT.

YOU KNOW, SOMETHING HAS TO HAVE BEEN WRONG.

AND IN THAT CASE, STEVE WOULD REVIEW THAT VIOLATION AND TERMINATE IF WE GOT THE HOUSE, RIGHT.

IF, IF THEY REALLY WERE WATERING ON THE WRONG DAY, UM, TO JUST DOUBLE CHECK THAT.

SO THAT'S AN INITIAL AND EASY WAY FOR THE CUSTOMERS TO ASK FOR SOMEONE ELSE TO REVIEW THAT IF THERE IS NO RESPONSE FROM THE CUSTOMERS, MAYBE THEY JUST NEVER GOT BACK TO RESPONDING TO US.

THEY WILL STILL HAVE A HEARING SCHEDULED JUST TO GIVE THEM THAT, THAT DUE PROCESS BEFORE ANY PENALTY IS ASSESSED.

IF THE SUPERVISOR REVIEW IS UPHELD, THE CUSTOMER'S GIVEN ANOTHER 10 DAYS IN WHICH THEY CAN EITHER ADMIT LIABILITY AND PAY THE, UM, PENALTY OR GO FORWARD TO A THIRD PARTY HEARING.

WE ALLUDED TO THIS AT THAT LAST, THE LAST MEETING, THESE THIRD-PARTY HEARINGS, THE THIRD PARTY HEARING WILL BE SCHEDULED THROUGH AUSTIN ENERGY.

THEY HAVE A CONTRACT WITH A NUMBER OF HEARING OFFICERS.

UH, THIRD-PARTY HEARING OFFICERS, GENERALLY LAWYERS, UM, IN WHICH WE WOULD SCHEDULE A HEARING, WE WOULD PRESENT INFORMATION THAT THE CUSTOMER WOULD, WOULD ATTEND AND PROVIDE THEIR SIDE AND THEIR INFORMATION THAT THIRD-PARTY HEARING OFFICER WOULD MAKE A DETERMINATION IS IF THE CUSTOMER IS LIABLE, IF IT'S A LEGITIMATE VIOLATION, IF IT IS, THEY WOULD ASSESS THE PENALTY AND HEARING FEES, IF NOT, THAT'D BE THE VIOLATION WOULD BE DISMISSED AND THERE'D BE NO PENALTIES BEYOND THAT.

IF THEY FEEL THAT THEY ARE STILL NOT GETTING A GOOD DEAL, THEY'RE NOT GETTING APPROPRIATE REVIEW, UH, FOR ME TO THEIR SUPERVISOR OR THE HEARING OFFICER, THEY CAN STILL GO TO MUNICIPAL COURT AND THAT'S ALREADY LAID OUT IN TWO 13.

SO THAT'S THE VIOLATION PROCESS AFTER OUR, OUR ENFORCEMENT, THE FINAL PORTION OF THIS BRIEFING I WANT TO DISCUSS ON IS SOMETHING THAT WAS BROUGHT UP ALSO IN THAT LAST MEETING ARE THE PENALTY RANGES AND HOW WE WOULD DECIDE WHAT TYPE OF PENALTY AMOUNT IS BEING APPLIED WITHIN THOSE RANGES.

WE REALLY SEE A BENEFIT BEING ABLE TO HAVE THIS RANGE RATHER THAN JUST ONE SET NUMBER, BECAUSE WITHIN THAT PENALTY RANGE, WE CAN SET AMOUNTS THAT ARE REALLY BASED ON THE IMPACT OF VIOLATION, WHETHER THEY USE VERY LITTLE WATER OR A LOT OF WATER, UM, AND ALSO SET AMOUNTS REALLY BASED ON INFLUENCING BEHAVIOR.

CAUSE THAT'S REALLY WHAT WE WANT.

WE WANT TO CHANGE PEOPLE'S BEHAVIOR.

EVEN BEFORE WE GET TO THIS PENALTY POINT, WE WANT TO DO AT THE VERY BEGINNING WITH EDUCATION, UM, HELPING THEM CORRECT SITUATIONS.

BUT EVEN AT THIS PENALTY RANGE, WE WANT TO SET PENALTY THE AMOUNTS, UH, THAT WILL CHANGE BEHAVIOR.

UM, AND WE ALSO WANT ABOVE ALL TO BE SIMPLE AND FLEXIBLE, BOTH FOR STAFF AND FOR THE CUSTOMERS OVER ON THE RIGHT THERE.

I HAVE SOME METRICS THAT KIND OF

[00:30:01]

WE CAN SET AMOUNTS WITHIN PENALTY RANGES BASED ON FREQUENCY, BASED ON VOLUME OF USE IN VA BASED ON SYSTEM SIZE.

AND ONE THING I WANT TO POINT OUT IS THAT THAT THE PENALTY WILL BE THE SAME, WHETHER THEY ADMIT LIABILITY OR THEY GO ALL THE WAY TO HEARING, YOU KNOW, WE'RE NOT GOING TO SAY, IF YOU ADMIT LIABILITY, IT'LL BE THIS AMOUNT, BUT HEARING THIS AMOUNT, IT'S GOING TO BE THE SAME, NO MATTER HOW FAR THEY GO DOWN THAT DUE PROCESS PATH.

THE SLIDE, I HAVE A NUMBER OF EXAMPLES OF PENALTY RANGES, A LITTLE FURTHER INTO WHAT I DISCUSSED, FREQUENCY OF VIOLATION, VOLUME OF USE SYSTEM SIZE, GOING TO MOVE ON THIS SLIDE RELATIVELY QUICKLY BECAUSE THE NEXT THREE SLIDES, I HAVE JUST MORE EXAMPLES OF THOSE THREE.

WHEN I TALK ABOUT FREQUENCY OF VIOLATION, HOW THAT MAY SET AMOUNT WITHIN THE RANGES, WHAT I'M REALLY REFERRING TO IS FOR AN EXAMPLE, IN THAT ATTACHMENT A YOU SEE ON THAT FIRST PART OF, OF THE PROPOSED PENALTIES YOU SEE FOR THE COOLING TOWERS, COMMERCIAL IRRIGATION AND CAR WASHES.

WE HAVE TWO LINES FOR, UH, PENALTIES THAT WE ARE PROPOSING TO PUT INTO CODE.

THE FIRST ONE IS FOR THE FIRST VIOLATION AND THE SECOND IS THE SECOND OR SUBSEQUENT VIOLATION.

AND THAT'S AS FAR AS WE HOPE THAT THINGS GET.

BUT IF, FOR INSTANCE, AN EXAMPLE THERE ON THE RIGHT, IF WE HAVE A CUSTOMER WHO HAS A COOLING TOWER ASSESSMENT DUE AND THEY MISSED THEIR DEADLINE, THEY GET THAT 30 DAY GRACE PERIOD TO, YOU KNOW, THERE'S NO PENALTY TO TURN IN 30 DAYS AFTER THE DUE DATE.

IF THEY MISS THAT FIRST DEADLINE IS THE FIRST VIOLATION, UH, THAT'S $500.

AND THAT'S THE MINIMUM OF THAT FIRST RANGE.

UH, IF THEY, AGAIN, DON'T TURN IN THE REPORT, THAT SECOND VIOLATION WILL BE $750, WHICH IS AGAIN THAT A MINIMUM OF THAT RANGE.

IF THEY CONTINUE NOT TURNING IN THE WATER EFFICIENCY ASSESSMENT REPORT, WE COULD GO TO THE MIDPOINT OF THAT RANGE, THAT SECOND RANGE, WHICH GOES FROM SEVEN 50 TO A THOUSAND AND THAT'S 875 AS A MIDPOINT, AND THEN CONTINUE ON TO THE FOURTH VIOLATION, BE A THOUSAND DOLLARS.

UM, IN THAT WAY, WE'RE TRYING TO GRADUALLY INCREASE, UM, THESE PENALTIES AND MOUNTS, WHICH OF COURSE, ALL THIS WILL GO THROUGH THE HEARING PROCESS.

SO EXAMPLE HOW VOLUME OF USE CAN BE USED TO SET PENALTIES AMOUNTS WITHIN THESE RANGES, THE RANGES BEING IN CODE, BUT THE AMOUNT WITHIN THE RANGE IS BEING WITH AN AUSTIN WATER GUIDELINES.

AN EXAMPLE IN THIS CASE FOR VOLUME OF USE, REALLY APPLIES TO RESIDENTIAL CUSTOMERS WITH THE IDEA BEING THE MORE YOU USE, THE MORE PENALTY, UM, WE MIGHT WANT TO, WE WANT TO APPLY TO CHANGE BEHAVIOR IN TERMS OF THESE PARTICULAR METRICS.

WE GO AT THE AVERAGE MONTHLY WATER USE OVER THE PREVIOUS SUMMER, AND THAT'S JUNE, JULY, SEPTEMBER, AUGUST, AND SEPTEMBER.

THE AVERAGE OF THOSE, IF A CUSTOMER IN THE PREVIOUS SUMMER HAD USED LESS THAN 50,000 GALLONS A MONTH, UH, THEY WOULD JUST HAVE THE MINIMUM OF THE RANGE.

IF THEY USE BETWEEN 50,000, 75,000 GALLONS.

ON AVERAGE A MONTH, WE WOULD APPLY THE MIDPOINT OF THE RANGE, WHICH IS $62 50 CENTS.

AND IF THEY USED OVER 75,000 GALLONS A MONTH, UH, WE WOULD APPLY THE MAXIMUM OF THAT RANGE.

SO THAT'S AN EXAMPLE OF HOW WE CAN USE THAT RANGE TO REALLY TAILOR A LITTLE BIT THAT PENALTY TO HOW MUCH PEOPLE ARE USING.

AND THE THIRD EXAMPLE IS FOR SYSTEM SIZE, AND THIS APPLIES PRIMARILY TO THOSE COMMERCIAL COMPLIANCE PROGRAMS, THE COMMERCIAL IRRIGATION, OR THE CARWASH OR THE COOLING TOWER PROGRAMS. IN THIS PARTICULAR EXAMPLE, WHAT WE'RE LOOKING AT IS HAVING A METRIC OF THE NUMBER OF ZONES CORRESPOND TO THE AMOUNT WITHIN THAT RANGE.

WE KNOW THAT THE MORE ZONES WAS BY ENLARGED, THE MORE ZONES THAT YOU HAVE, THE MORE WATER

[00:35:01]

AT THIS POINT, THE METRIC WE HAVE IS FOR COMMERCIAL FACILITIES WITH LESS THAN 25 ZONES, WE WOULD APPLY THE MINIMUM OF THE PENALTY RANGE OVER 25 ZONES.

WE WOULD APPLY THE MIDPOINT.

SO AS YOU SEE IN THE, ON THE RIGHT THERE, IF A FACILITY ONLY HAS 15 ZONES, IT'D BE CHARGED SEVEN OR $500 30 ZONES, UH, $750.

THOSE ARE THREE EXAMPLES OF HOW WE WILL SET AMOUNTS WITHIN THOSE PENALTY RANGES AND FINAL.

IT JUST IN SUMMARY, THE RESTRICTIONS AND PENALTIES ARE ALREADY SET IN CODE THEY'RE ALREADY THERE.

WHAT WE'RE TRYING TO DO IS IMPROVE THE PENALTIES THAT ARE ALREADY IN CODE.

UH, SECONDLY, AS I MENTIONED, THE ENFORCEMENT WILL ARE WITHIN UTILITY GUIDELINES.

THE MAJORITY OF PENALTIES, THE VAST MAJORITY ARE FOR COMMERCIAL ESTABLISHMENTS, PARTICULARLY FOR COMMERCIAL IRRIGATORS AND, UM, UH, CARWASH, UH, VEHICLE WASHING FACILITIES.

AND THEN FINALLY THE WATER UTILITY GUIDELINES WE'LL CERTAINLY PROVIDE AS WE GO FORWARD WITH THESE PENALTIES, WE WILL PROVIDE WARNINGS, PROVIDE EDUCATION, AND WE WILL PROVIDE DUE PROCESS TO ALL AWESOME WATER CUSTOMERS TO MAKE SURE, UH, THAT THEY HAVE THEIR, THEIR CHANCE TO, TO SPEAK UP AND DETERMINE WHETHER IT'S JUST VALID OR NOT.

AND THEN THE FINAL POINT OF IS TALKING ABOUT THAT THE PENALTY RANGES THAT I JUST WENT THROUGH.

SO WITH THAT, I THINK ALL THREE OF US, ALL FOUR OF US ARE AVAILABLE TO ANSWER ANY QUESTIONS.

OKAY.

I BE IBD.

UM, COMMISSIONER MICHELLE, YOU GOT A QUESTION? UH, YES.

THANK YOU.

UH, APPRECIATE THE THOROUGH PRESENTATION, KEVIN, UM, WHOSE ULTIMATE RESPONSIBILITY IS IT TO MAKE THE CALL ON WHAT THE PENALTY IS GOING TO BE WITHIN THE RANGES? UH, THAT'LL BE LAID OUT AND DOCUMENTED IN A, UH, STANDARD OPERATING GUIDELINE DOCUMENT THAT IS APPROVED BY THE DIRECTOR OR INTERIM DIRECTOR.

SO THOSE WILL BE FINALIZED AND KIND OF SOLIDIFIED IN THAT DOCUMENT.

SO THE, THE SCENARIOS THAT WE LAID OUT TONIGHT, IT WILL BE AS SIMPLE AS LOOKING AT, UM, OKAY.

HERE'S MY SCENARIO.

LET ME GO TO THE, THE, UH, COOKBOOK HERE.

IT SAYS IT SHOULD BE THE MINIMUM WE'RE GOING TO ENFORCE THE MINIMUM PENALTY.

IS IT AS SIMPLE AS THAT? YES.

WE WANT IT TO BE AS SIMPLE AS THAT.

YES.

OKAY.

WILL BE, UM, IN THE BACKUP INFORMATION IT SAYS, UH, THE PROPOSED ORDINANCE REQUIRES A VIOLATOR WHO CLAIMS FINANCIAL, INABILITY TO PAY A PENALTY, MUST PARTICIPATE IN THE CITY'S CUSTOMER ASSISTANCE PROGRAM.

NOW WE'VE HAD SOME CONVERSATIONS AT THE COMMISSION OVER THE LAST SEVERAL MONTHS, AND THERE WAS AN AUDIT ON THE, ON THE CAP PROGRAM.

AM I READING THAT CORRECTLY? IF, FOR INSTANCE, IF I HAVE A VIOLATION IN, UM, I'M HAVING A TOUGH FINANCIAL MONTH AND I SAY, I CAN'T PAY THAT.

I MEAN, IS, IS, AM I AUTOMATICALLY DIRECTED THAT YOU CAN APPLY FOR THE CAP PROGRAM? CAN YOU EXPLAIN THAT, THAT ASPECT OF THIS? SO AGAIN, KEVIN, CRITTENDON WAY, THE WAY I WOULD EXPLAIN, IT'S ALMOST THE REVERSE THAT YOU'RE BASICALLY NOT ELIGIBLE TO CLAIM FINANCIAL HARDSHIP UNLESS YOU ARE A CAP CUSTOMER.

I, SO, AND THEN I BELIEVE, AND, UM, STEVE MAY HAVE TO REMIND ME THAT, UH, THERE IS THE ABILITY TO, UM, HAVE INSTALLMENT INSTALLMENTS OVER SIX MONTHS.

UM, SO THAT THOSE PAYMENTS COULD BE SPACED OUT OVER ON TIME PERIOD.

IS THAT CORRECT, STEVE? UM, THAT'S CORRECT.

ALSO, I THINK THE CODE DOES SAY IT, IF YOU'RE NOT A CAP CUSTOMER IN NEW YORK, 60% OF HUD, UM, THAT YOU CAN REQUEST AT THE HEARING, THEN THE HEARING OFFICER WILL MAKE THAT DETERMINATION WHETHER OR NOT YOU ARE AT THE THRESHOLD.

AND IF YOU'RE AT THAT POINT THOUGH, YOU WOULD BE STILL SUBJECT TO, UM, MEETING THE REQUIREMENTS TO BE ALLOWED TO BE IN THE CAP PROGRAM.

CORRECT.

[00:40:01]

RIGHT.

WE WE'VE HAD SEVERAL CONVERSATIONS THAT THE COMMISSION THERE WAS AN AUDIT ABOUT, UM, UH, CERTAIN FOLKS THAT WERE, UM, INVOLVED IN THE CAP PROGRAM AND WHETHER THEY SHOULD BE, OR NOT BASED ON PROPERTY VALUES AND WHAT'S PUBLICLY AVAILABLE INFORMATION.

RIGHT.

SO AS, AS A AUSTIN WATER CUSTOMER, I CAN'T JUST SAY I FINANCIALLY CAN'T PAY THIS VIOLATION.

RIGHT.

THERE'S AND, AND I'M AUTOMATICALLY IN THE CAP PROGRAM.

I WOULD EXPECT THAT YES.

THE HEARING OFFICER WOULD ASK FOR DOCUMENTATION REGARDING THAT.

OKAY.

I THINK I'M GOOD.

THANK YOU.

UH, COMMISSIONER WE GOT A QUESTION.

YEAH, JUST A QUICK ONE.

UM, WHEN YOU NOTIFY THE PEOPLE WHO HAVE A VIOLATION, HOW DO YOU GO ABOUT DOING IT? IS IT SOMETHING THAT'S PUT IN THEIR BILL OR IS IT A SEPARATE LETTER OR, UH, WE WOULD MAIL A LETTER.

WELL, THE FIRST WARNING IS TECHNICALLY A REALLY PRETTY POSTCARD WITH A LOT OF INFOGRAPHICS INFORMATION AND LEADS YOU TO OUR WEBSITE FOR HELP AND HOW TO FIX YOUR SYSTEM.

UM, THE CITATION WITH YES WOULD BE A LETTER AND WE HAVE, WE WOULD HAVE TO FOLLOW CERTAIN GUIDELINES SET BY THE AUSTIN CODE OFFICIAL, WHICH IS TO INCLUDE THE DIRECTOR OF AUSTIN CODE.

UM, AND IT SPELLS OUT EVERYTHING THAT WE HAVE TO PUT IN THAT LETTER AND IT WOULD BE MAILED TO THE CUSTOMER.

OKAY, GOOD.

OKAY.

VICE CHAIR, CASTLEBERRY, THANK YOU FOR THE PRESENTATION.

THAT WAS REALLY HELPFUL.

UM, BACKUP MATERIAL FOR THE LAST ONE, IT WAS A LITTLE UNCERTAIN, UM, ON THE POSTCARD THAT'S BEING SENT OUT, YOU SAID IT'S A PRETTY POSTCARD THAT ISN'T ALERT, BUT IT'S, IT'S NOT, IT'S SOMETHING THAT WOULD BE OFFICIAL ENOUGH THAT SOMEBODY WOULDN'T THINK IT'S JUST MARKETING MATERIAL THAT THEY DUMP CORRECT.

ON THE TOP.

IT SAYS OFFICIAL WARNING NOTICE OF VIOLATION.

SO WE HOPE THAT THE BIG RED LETTERS WOULD GET THEIR ATTENTION.

ALL RIGHT.

WELL, THAT'S GREAT.

I, I APPRECIATE THE, THE HEARING THAT THE INTENT IS TO EDUCATE.

AND I ALSO LIKE HEARING THAT THE WARNINGS WILL COME WITH EDUCATION, YOU KNOW, MATERIAL THAT WILL HELP PEOPLE TO UNDERSTAND, YOU KNOW, WHY, UM, WE'RE ASKING THEM AND, AND WHY IT'S IMPORTANT TO BE ON THE DAY THAT THEY'RE ASSIGNED, ET CETERA.

SO, UM, AND ALSO IT WAS HELPFUL TO SEE THAT HISTORICALLY WE HAVE NOT, WE HAVE BEEN VERY GRACIOUS IN, AND, AND THAT'S SOME SOMETHING THAT WAS NOT CLEAR IN THE ORIGINAL RCA AND THAT IT HELPS TO KNOW THAT.

SO THANK YOU, COMMISSIONER MORIARTY.

YOU GOT A QUESTION FOR STUFF? NO QUESTION, SIR.

THANK YOU.

COMMISSIONER WILLIAMS. YOU GOT A QUESTION QUESTIONS.

UM, ITEM B SEVEN.

NO, I DON'T HAVE ANY QUESTIONS.

OKAY.

THANK YOU.

IF THERE'S NO OTHER QUESTIONS, WE'LL ENTERTAIN A MOTION.

UH, CHAIR.

LET ME JUST CLARIFY FOR A MINUTE.

I THINK WE WERE ON ITEM F1.

THIS STAFF.

I'M SORRY.

I'M SORRY.

I'M JUMPING TOO FAST.

THERE'S NO BALLGAME GAME TONIGHT.

I DON'T KNOW.

OKAY.

SO WE ARE FINISHED A PRESENTATION OF F1 AND WE WALK MOVING BACK TO ITEM

[B.7. Recommend approval of an ordinance amending City Code Chapter 2-13 (Administrative Adjudication of Violations) relating to establishing administrative penalties and penalty ranges for water conservation violations and Chapter 6-4 (Water Conservation) relating to obtaining and submitting evaluations.]

SO AFTER A PRESENTATION AND DISCUSSION, WE WILL ENTERTAIN ANY MOTION.

HOMIES, CHIPPER MOTION MADE BY VICE CHAIR.

CASTLEBERRY IS THIS SECOND, SECOND MADE BY COMMISSIONER.

[00:45:01]

PLEASE RAISE YOUR HAND SHOWING.

OH, PRESENT, RAISE HANDS AND COMMISSION.

MORIARTY IS THUMBS UP AND COMMISSIONER WILLIAMS. HOW IS YOUR BOAT? HELLO? YEAH.

OKAY.

THANK YOU.

SO THE MOTION IS A MOTION TO APPROVE AN MSD.

THANK YOU VERY MUCH, GENTLEMEN.

UH, WE WILL GET BACK TO THE PUBLIC.

WE WILL GO BACK TO

[PUBLIC COMMUNICATION: GENERAL]

THERE IS A CITIZEN SIGN UP TO SPEAK AND MR. IBD, HOPEFULLY I PRONOUNCED YOUR NAME, RIGHT.

UH, MARK OR SWANSON.

AND YOU HAVE THREE MINUTES TO PRESENT AND JESUS ABOUT GENERAL COMMUNICATION.

THANK YOU.

UH, THANK YOU TO THE COMMISSION AND TO STAFF AS WELL.

MY NAME'S MARK OLAFSON.

I'M A CITIZEN HERE IN AUSTIN.

UM, I WON'T TAKE UP TOO MUCH OF YOUR TIME.

I HOPE LATE, UH, UH, LATE FALL, LAST YEAR I INSTALLED A RAINWATER CATCHMENT SYSTEM AT MY HOME ON THE EAST SIDE.

UH, IT'S A SMALL SYSTEM.

IT'S ABOUT 110 GALLONS.

I USE RUNOFF FROM MY ROOF AND WE USE IT TO WATER OUR GARDEN AND OUR SMALL FLOWER BEDS.

UM, BACK IN DECEMBER OF THIS YEAR, I FILED FOR THE RAINWATER HARVESTING REBATE, WHICH YOU MAY BE FAMILIAR WITH.

THE STATED PURPOSE OF, OF THAT IS TO HELP FOLKS BUY EQUIPMENT FOR CAPTURING RAINWATER.

NOW, THIS WASN'T A LARGE APPLICATION.

UH, WE, LIKE I SAID, WE JUST HAVE ABOUT 110 GALLONS, JUST RAIN BARRELS, UH, NOT PRESSURIZED, MEANING THE REBATE AMOUNT IS $55.

UM, BUT THE PROGRAM IS THERE TO INCENTIVIZE FOLKS.

AND I WAS WORKING ON CLAIMING THAT INCENTIVE A COUPLE OF WEEKS AGO.

I RECEIVED NOTICE THAT MY APPLICATION WAS NOT APPROVED STATED REASON IS THAT THE EQUIPMENT MUST BE NEW AND INTENDED FOR RAINWATER HARVESTING.

IT WAS NOTED IN THE LETTER AND ALL THAT MATERIALS ATTACH THAT THE BARRELS I PURCHASED WERE FOOD GRADE AND THUS NOT ELIGIBLE FURTHER EMAIL COMMUNICATION ALSO POINTED TO THE FACT THAT I HAD NOT PURCHASED A PRE-MADE RETAIL SYSTEM AS BEING A FURTHER ISSUE WITH THE APPROVAL.

NOW I ASSEMBLED MY SYSTEM USING A KIT THAT I PURCHASED ONLINE ALONG WITH A 55 GALLON FOOD GRADE BARRELS, WHICH I SOURCED FROM AN INDEPENDENT DEALER.

UH, I PROVIDED THE RECEIPTS FOR THESE PURCHASES TO THE CUSTOMER SERVICE REPRESENTATIVES, AND THEY WERE VERY GRACIOUS GOD TO HAVE PHONE CALL AND EVERYTHING.

UM, AND TO DATE, I'VE BEEN INFORMED THAT EVEN THOUGH, UH, THE KIT MATERIALS WERE NEW AND FOR RAINWATER CAPTURE, I AM NOT ELIGIBLE.

I EMAILED LAST FRIDAY AND HAVE NOT RECEIVED ANY FOLLOW-UP ALL THAT EMAIL COMMUNICATIONS ALSO IN THE ATTACHMENT THERE UPON REVIEWING THE FAQ BEHIND THE APPLICATION.

I DID NOTE, IT SAYS YOU GOT ME SECONDHAND OR SELF-MADE RAIN BARRELS DO NOT QUALIFY.

TANKS MUST BE FINISHED AND MADE SPECIFICALLY FOR RAINWATER COLLECTION.

I HOWEVER, FIND THAT MY CASE IS AMBIGUOUS, UM, BECAUSE I PURCHASED A KIT AND ALTHOUGH I DID ASSEMBLE THAT KIT, I WOULD NOT CONSIDER THAT TO BE SELF-MADE PURCHASE THAT KIT OFF A WEBSITE THAT WAS FOR RAIN BARRELS.

NOW I APPRECIATE ANY CONSIDERATION FOR THE COMMISSION AND ENCOURAGING STAFF TO RECONSIDER THEIR PROCEDURES RELATED TO THIS PROGRAM AND THE REQUIREMENTS I INCLUDE THE FAQ FOR YOUR REVIEW AS WELL.

UM, WELL, I APPRECIATE THAT WE DO NOT WANT TO FUND SECONDHAND OR LOW QUALITY SYSTEMS. TOTALLY UNDERSTAND THAT A HUNDRED PERCENT BEHIND THAT.

UM, AND I ALSO UNDERSTAND THAT STAFF IS UNABLE TO INDEPENDENTLY EVALUATE SYSTEMS THAT ARE COBBLED TOGETHER FROM RANDOM MATERIALS.

WE DON'T WANT THAT EITHER.

I BELIEVE THAT MY CASE IS DIFFERENT AND, UH, SHOULD BE CONSIDERED, UH, ELIGIBLE FOR THIS INCENTIVE.

THANK YOU FOR YOUR TIME.

I DID PUT MY CONTACT INFORMATION.

I RECOGNIZE THAT THIS IS NOT POSTED TO YOUR AGENDA.

AND SO IT'S NOT, I DON'T THINK PROBABLY ELIGIBLE FOR DISCUSSION.

UM, BUT, UH, WOULD ENCOURAGE, UH, ANY CONSIDERATION FROM THE COMMISSIONER FROM STAFF.

THANK YOU, UH, COMMISSIONERS, IF WE GOT ANY KARATE VACATION WE CAN ASK, UH, MARCO, BUT WE ARE NOT SUPPOSED TO DISCUSS ON THE ITEM TO THE STAFF FOR, FOR, UH, UH, INVESTIGATION OR UNDERSTANDING OF THE SITUATION.

THANK YOU.

OKAY.

LET'S MOVE TO ITEM

[D.1. Ratify a contract with Ovivo USA LLC to provide a turbine drive and installation, in the amount of $280,000.]

[00:50:10]

I'M AVAILABLE FOR ANY QUESTIONS THAT YOU MAY HAVE FOR THIS ITEM ON THE RATIFICATION.

YES, YES WE DO.

I'LL GIVE YOU A QUICK OVERVIEW OF THIS ONE.

UM, THIS IS, UH, RELATED ORIC WATER TREATMENT PLANT.

UH, THIS IS THE DRIVE MECHANISM MECHANISM FOR, UH, BASING NUMBER ONE.

UM, THE, UM, THE IMPORTANCE OF THE BASINS FOR ALRICH ARE CRITICAL.

AND SO THIS ONE WAS, UM, SLATED AS AN EMERGENCY REPAIR AND, UM, CURRENTLY THAT DRIVE IS NOW INSTALLED.

SO IT'S GOING THROUGH TESTING AND A CONTRACTOR IS, IS, UH, TESTING THIS WEEK.

SO, UM, I MAY HAVE ANY OTHER SPECIFIC QUESTIONS THAT YOU MAY HAVE COMMISSIONER KNOWS, GOT ANY QUESTION FOR THE STAFF, UH, COMMISSIONER MICHELLE.

THANKS, RICK.

UM, WE HAVEN'T HAD A LOT OF, UM, CONTRACT RATIFICATIONS COME BEFORE US, UM, RECENTLY.

UH, SO THIS IS A LITTLE BIT UNUSUAL, BUT, UM, WAS THIS AS A RESULT OF THE FEBRUARY WINTER WEATHER OR IS THIS UNRELATED? UH, THIS IS, UH, THIS IS A VIVO, UM, DRIVE MECHANISM AND IT IS SPECIFIC TO ALRICK.

UH, IT IS NOT RELATED TO ANY, UH, WINTER STORM ARE RELATED, UM, EVENT.

UH, I, I WILL JUST KIND OF PREFACE THAT.

UM, WE HAVE HAD SOME LESSONS LEARNED ON MAINTAINING, YOU KNOW, CAPACITY AT, AT THE WATER TREATMENT PLANTS.

AND, UH, ANYTIME WE HAVE ANY OF THE BASINS, UH, WE HAVE KIND OF ELEVATED, UH, THAT AWARENESS AND MAKE SURE THAT, YOU KNOW, WE PUT THE PROPER PROCEDURES IN PLACE.

WE ARE GOING TO EVALUATE HOW TO HAVE MORE OF A SPECIFIED CONTRACT FOR THIS, UH, TYPE OF EQUIPMENT.

UM, IN, UH, 2018, WE HAD A SIMILAR EVENT WHERE, UM, THIS IS KIND OF THE, THE FLOODING EVENT OF 2018, WHERE WE HAD A DRIVE MECHANISM DOWN THAT KEPT ONE OF OUR LARGE, UH, BASINS OUT OF SERVICE.

SO WE'VE KIND OF LEARNED THAT, YOU KNOW, THESE ARE CRITICAL ITEMS. THEY'RE, THEY'RE HARD TO, UH, SOURCE AND BE ON THE SHELF.

UH, THEY'RE LARGE PIECES OF EQUIPMENT.

THEY, UH, UH, REQUIRE SOME SPECIALIZED, UH, YOU KNOW, VENDOR OR EQUIPMENT, UH, AND PROCESSES.

AND SO THE LAY OF SOMETHING LIKE THIS IS VERY, UM, HARD TO KIND OF, UH, WORK THROUGH CAPACITY ISSUES.

SO THIS IS A VERY UNIQUE, UH, WE YOU'RE CORRECT.

WE DON'T HAVE VERY MANY OF THESE RATIFICATIONS, BUT COSTS HAVE STARTED ESCALATING.

AND SO PIECES OF EQUIPMENT LIKE THIS DON'T RUN, YOU KNOW, UH, LESS THAN 50,000.

SO THIS ONE IS 288,000 PLUS WITH INSTALLATION.

AND I WOULD ASSUME THAT, UM, WITH SOME OF OUR VENDOR CONTRACTS, THAT EVEN IF WE HAVE SOME SORT OF CONTINGENCY IN PLACE, THE, THE RANGE COSTS OF VARIOUS EQUIPMENT, UM, UH, NEEDED AT THESE VARIOUS FACILITIES.

AND REALLY IT'S JUST SO UNIQUE AND SPECIFIC THAT A CONTINGENCY TYPE SITUATION DOESN'T ALWAYS COVER CERTAIN SPECIFIC NEEDS THAT POP UP.

YEAH, WE'LL LOOK AT SEVERAL NEEDS.

UH, SOMETIMES WE MIGHT HAVE, UH, A DRIVE SHAFT AND AS EASY TO PUT ON THE SHELF AND WE'VE HAD TO, YOU KNOW, ORDER THAT AND, AND KEEP IT THERE ON ONSITE.

UH, THIS ONE IS A LITTLE LARGER, UH, PIECE OF EQUIPMENT.

UH, IT'S HARD TO KIND OF PUT THAT ON THE SHELF, UH, AND, AND HAVE IT READY TO GO.