[1:49] ok [1:49] . Good [1:51] afternoon. Thank you [1:51] for joining us [1:53] here today at [1:54] this Pflugerville City [1:55] Council [1:56] workshop. Uh [1:56] , calling us [1:57] to [1:57] order at 5 [1:58] P.M. On Tuesday [2:00] , [2:00] AUGUST 25th [2:01] , uh, the [2:02] first item [2:02] on our agenda is [2:04] public [2:05] comment [2:05] I [2:06] do [2:07] have a request. This looks [2:08] like [2:09] it's for [2:09] . The [2:09] 7 [2:11] o'clock [2:11] meeting and I have [2:11] Les who is [2:12] waiting for [2:14] . The item to [2:15] come [2:16] forward, is there anyone [2:17] wishing to speak during [2:18] public [2:19] comment at this time [2:19] , not [2:20] related to 9 [2:22] . That [2:23] will move [2:23] forward [2:25] to item 3a, that is to [2:25] conduct a presentation on [2:27] the [2:27] Pflugerville Community [2:30] Development Corporation fiscal [2:30] year 26 [2:32] , 3rd quarter financial [2:32] reports. How come that guy [2:33] gets [2:34] to sit in the back while she's [2:34] giving a presentation [2:36] . Thank [2:36] you [2:38] . So [2:39] , good evening [2:40] . Um [2:40] , this [2:41] report went to [2:43] the pcdc board [2:43] on AUGUST 19th [2:45] . Um [2:45] , just to [2:46] review of [2:47] where [2:47] we [2:48] are as of [2:49] JUNE 30th [2:49] . Um [2:52] , total revenue is [2:53] at [2:54] 63% [2:55] sales taxes, their [2:55] largest revenue [2:57] , and that it's [2:58] at 73%. A a little [2:58] bit [2:59] behind [2:59] , [2:59] um, where we would [3:01] have [3:01] budgeted [3:03] , um, we're trending [3:03] fiscal year today [3:05] , 1.2% year [3:06] over year [3:07] . Um [3:07] , interested [3:08] income [3:11] is also behind budget, [3:11] um, as [3:12] we've [3:13] seen [3:13] interest [3:14] slowly [3:15] ticked down over the [3:15] last [3:17] several months, and [3:17] other [3:17] revenue just [3:19] like to point that [3:20] out, it's um [3:21] The water [3:23] park [3:23] payment and we, we get that [3:24] in [3:24] SEPTEMBER [3:25] , so we wait all year [3:26] to get that [3:27] . That one bit of [3:28] revenue [3:28] in SEPTEMBER [3:30] . There's [3:31] just [3:32] a [3:33] peek at the sales [3:33] tax [3:33] trend [3:34] . I [3:35] will say that you [3:36] can [3:37] tell from JUNE [3:37] and JULY [3:39] . Um [3:39] , [3:40] we're looking better, so we'll [3:41] see how [3:42] that looks over the [3:43] next couple of months [3:44] to finish [3:44] out [3:45] our [3:46] fiscal year [3:48] , um, but [3:48] Um [3:51] I think JULY [3:53] was 13% year over [3:53] year [3:55] . On [3:57] the [3:57] expense [3:57] side [3:59] , 56% [4:00] um spent of [4:02] the budget of [4:03] , of [4:03] personnel [4:04] , 61% [4:08] operating 69% [4:08] development incentives are [4:09] at [4:09] 62% [4:10] . Um [4:12] , the [4:13] majority of these, [4:13] uh, are [4:16] paid out at the end [4:16] of [4:16] the, of [4:18] the year, so it'll be [4:19] in quarter 4 that you'll see [4:19] the rest of those [4:20] incentive [4:20] payments [4:21] . Capital projects is [4:23] at 51%. Um, we did [4:25] get or hear [4:25] a report that the two main [4:26] projects [4:27] Impact [4:27] way [4:28] and Helios [4:30] right in and [4:31] right out should [4:31] be [4:31] final in [4:32] , in SEPTEMBER, so [4:32] we should [4:34] be [4:35] able [4:35] to [4:35] um find [4:35] out those [4:36] projects by the end [4:37] of the fiscal year [4:38] , um, debt [4:38] payments [4:39] are [4:40] 57%. Um [4:40] , this [4:40] was [4:41] before [4:42] the [4:42] AUGUST [4:42] payments hit, [4:43] and so you will [4:44] see that jump [4:45] up in the 4th quarter as well [4:47] . [4:48] Any questions [4:54] ? Based on where [4:55] we [4:55] are [4:56] here at this [4:56] point [4:57] , uh, [4:58] do you think we're going to get [4:58] pretty close [5:00] to [5:00] 100% on [5:01] everything, or do you think [5:02] we're going to end up [5:03] Below on [5:06] anything I if we're [5:06] below [5:07] on [5:07] revenues or expenditures [5:09] , which [5:09] ones and how much? I [5:09] think [5:10] sales [5:12] tax will come in a little [5:13] short, just like we're [5:13] projecting [5:15] in general fund [5:17] . Um [5:17] , [5:18] I, I mean, we're [5:19] at 56% of [5:19] budget [5:20] on expenses. I think [5:20] there's some expenses that will [5:21] come in in the 4th quarter [5:22] , but [5:23] I think we'll be below [5:23] on [5:24] expenses [5:25] . Ok [5:25] , and personnel in [5:27] particular should be low. Well, [5:28] I mean, we had [5:30] vacancies for a [5:30] good bit of the year, yeah [5:31] . [5:32] APRIL of this year? Um [5:36] , Yeah [5:36] , [5:36] it's about timing around that [5:37] area [5:38] . Yeah, yeah, so we [5:39] , we [5:39] should expect personnel to [5:40] come [5:41] in low [5:41] . Sales tax [5:43] to come [5:43] in [5:44] low. Um, other than [5:45] that [5:45] , [5:45] everything looks like it's [5:46] about on [5:47] target [5:47] . Am I [5:48] understanding this correctly I [5:49] think [5:50] most categories on the [5:50] expense [5:52] side are behind budget [5:52] . [5:53] I mean, we would [5:54] be [5:54] at [5:55] 75% at [5:56] this point in time if [5:57] you [5:58] just [5:58] do math [5:59] , but as you pointed [6:00] out [6:01] uh, uh, many of the, the [6:03] large [6:03] expenditures [6:05] come [6:05] in and the [6:06] debt [6:08] . I [6:09] would expect us [6:10] below [6:11] 75% at this [6:11] point [6:12] . So assuming [6:13] that [6:14] everything goes [6:14] according [6:15] to plan [6:17] . We're [6:17] going to end up [6:17] at [6:19] 105 [6:20] or [6:21] 95. You would expect [6:21] for us to be [6:22] below 75% at this [6:22] point [6:23] . If [6:24] you have a [6:25] majority [6:26] of expenditures, yeah, because [6:26] most [6:27] of [6:28] the large portion of [6:29] the expenditures [6:30] happen in the, [6:30] in the 4th quarter of every [6:31] year [6:33] . But she said that the [6:33] only one that's [6:34] like perfect is [6:35] debt service because we know [6:37] those numbers ahead of time [6:37] , [6:38] otherwise everything [6:39] else is [6:39] turning below on [6:41] debt services [6:42] a semiannual [6:43] . It is [6:46] . Usually [6:46] semiannual, but there's like [6:47] another [6:48] one off that's in a [6:49] different month. I think they [6:51] have one, bond that gets paid [6:51] in OCTOBER [6:52] , so [6:53] they're not [6:53] perfect [6:55] . FEBRUARY and [6:55] AUGUST [6:55] anymore. Some of the [6:57] new ones [6:58] are actually [6:59] off [7:00] cycle and the [7:00] water park is [7:01] off cycle, the [7:02] water park revenue is off cycle [7:02] The [7:03] water [7:04] park expenses, I [7:04] assume, are [7:06] those monthly? That [7:06] no, those [7:08] are all [7:08] they're twice [7:09] a year [7:10] , semiannual, but they're [7:11] not on the regular bond [7:11] schedule [7:13] , so we have to keep up [7:13] with all the [7:16] . A different so so [7:16] it [7:17] sounds [7:17] like quarterly [7:19] . We're [7:20] roughly in line, but it's not [7:20] going to be linear [7:22] . Um, on the [7:23] debt, well [7:24] , on [7:24] , on [7:25] the expenses [7:26] It's gonna be, I think [7:27] gonna be [7:27] I think be be, I think below [7:28] budget [7:28] . Uh [7:29] , any other [7:30] . [7:31] Questions for this, uh, counsel [7:31] ? [7:33] Right [7:34] , Tracy [7:34] , don't go [7:35] too [7:35] far [7:37] , um, item 3b [7:38] is [7:38] discussions [7:38] regarding water [7:40] and [7:40] wastewater [7:40] rate [7:41] study recommendations [7:43] . Uh [7:44] I believe we [7:46] also have uh [7:47] Jessica Lynch with Baker Tilly. [7:48] So she found [7:49] a friend thank you [7:49] for joining [7:50] us [7:51] again [7:54] Yeah, so [7:55] , [7:56] um, hopefully this [7:56] will be our [7:59] last presentation on our water [8:00] and wastewater study [8:01] . Um, but [8:03] we wanted to kind of touch [8:03] some [8:03] different [8:05] things now we've [8:05] provided you with the full [8:07] , um, [8:07] final reports on the water and [8:09] the wastewater [8:09] , and so [8:11] , um, [8:12] we're prepared [8:12] to [8:14] field some [8:14] questions that MAY have come up [8:15] with that review [8:16] of [8:16] those [8:17] reports, um, but we're [8:18] gonna [8:18] start out [8:19] with just going [8:19] over [8:21] some assumptions that were [8:21] built into the report [8:23] . Yeah [8:27] . So [8:28] first just on the [8:28] revenue [8:30] requirements schedule [8:30] , um, most [8:32] of these amounts were given to [8:32] us [8:34] by Tracy and [8:34] her team [8:36] , um, [8:36] but specifically those [8:37] assumptions that [8:38] were [8:38] built [8:39] into their [8:40] for [8:41] the revenue side [8:41] for water [8:43] , um, annual customer [8:44] growth [8:45] of [8:45] 2% [8:45] for all [8:47] the [8:48] classes except [8:49] for Lakeside mud [8:50] 5, which had [8:50] 7.45% [8:54] annual [8:55] growth [8:56] , um, wastewater [8:57] is 3% [8:57] growth in fiscal year [8:58] . 2027, [8:58] but [8:59] then 2% [8:59] for [8:59] the phases [9:00] after that [9:01] through 2031 [9:01] . Um [9:03] , [9:04] another a question [9:07] on that. We [9:07] both looked at each other, to [9:08] be fair. I [9:08] , I [9:08] assume [9:10] that's [9:11] because, uh, oh, go [9:12] ahead, go [9:13] ahead. Well, obviously when [9:14] you're projecting revenue [9:15] , you [9:15] generally tend to be [9:16] more [9:17] conservative, but [9:17] our [9:19] wastewater master plan that we [9:20] did [9:21] approve had closer to [9:22] an 8% [9:22] annual growth [9:24] over the next 10 [9:24] years [9:25] , so we're [9:26] using 3% [9:27] growth [9:28] in the next year [9:28] and 2% [9:30] growth [9:31] in the next 4 [9:32] years [9:32] after [9:33] that. [9:33] So I just wanted [9:34] to [9:35] highlight [9:35] that, um, that that [9:36] is [9:37] a [9:37] major [9:38] reduction [9:39] in [9:39] growth projections [9:40] that we had in our master plan [9:42] that we just approved. I don't [9:42] know what [9:43] the [9:44] master [9:44] plan [9:44] growth [9:46] percentage drives that I [9:46] know with this and with [9:48] the [9:48] model that I worked [9:51] here [9:51] last [9:52] year [9:52] , the percentage just [9:53] drives [9:53] how much um [9:55] . More units [9:55] are going [9:57] to be [9:57] considered when [9:58] we're doing the [9:59] billing [10:00] and 8% [10:00] would not [10:01] , it [10:02] would [10:03] have [10:04] calculated [10:04] way more new [10:06] units [10:06] that we see [10:06] year [10:07] over [10:08] year. So [10:09] yeah [10:11] , so and and [10:11] as [10:11] you [10:13] conveyed numerous times, we go [10:14] back and we check [10:15] . What that [10:16] actually looks like to make [10:18] sure that it's actually in line [10:18] and which goes to [10:19] a [10:20] conversation that Melody had [10:23] or [10:24] COUNCILMAN Ryan had a while [10:24] ago [10:25] too as well, so [10:25] . Cool [10:27] . Ok [10:28] , um, [10:29] and then also based on input [10:31] from [10:31] Tracy's team [10:33] , including [10:34] contributions from impact fees [10:36] to help [10:36] with lowering some of [10:36] those [10:38] revenue requirements for [10:38] water [10:40] , uh [10:40] , $4 million annually [10:42] . [10:42] And then [10:43] for wastewater, it's [10:45] $4 million in the [10:45] first two [10:47] years, fiscal year 27 and 28, [10:47] and then [10:50] 5 million29 and [10:50] then [10:51] $6 million in 2030 [10:52] and 20931 [10:53] to [10:54] help reduce those rate [10:56] increases needed [10:56] , um, for debt [10:58] service also [11:00] some contributions [11:00] from [11:01] cash [11:01] reserves [11:03] , um, based [11:03] on where we were seeing just [11:05] the straight revenue [11:06] requirements in the across the [11:07] board percentage increases [11:08] coming in. We [11:09] have [11:09] 25% being [11:10] contributed in the [11:11] first two [11:12] phases for [11:12] . Water [11:14] and [11:14] 75% [11:16] um [11:16] for the first two phases [11:18] for [11:18] wastewater [11:18] , and [11:19] then [11:19] replacements and [11:20] improvement. [11:21] Can you explain that a little [11:21] bit [11:23] debt [11:23] , the [11:25] debt [11:25] service [11:26] contributions fund balance that [11:27] we're using that was put into [11:28] the debt [11:29] service fund and so [11:30] we're [11:32] basically buying down the [11:32] rate by using some of those [11:34] funds toward debt. Ok, so we [11:34] can, we can [11:36] do that and [11:38] Wifia [11:38] rate [11:40] . Covenant or [11:41] the [11:41] revenue [11:41] requirement, we can [11:43] use [11:44] reserves to, to [11:44] help [11:45] stabilize [11:46] the. Yeah, you can use it to [11:46] pay your [11:47] debt service, but [11:48] you'll still have to show [11:49] the [11:50] full payment for like your [11:51] coverage [11:52] requirements. Yes, [11:52] it's [11:52] , it's [11:54] , it's working [11:55] it [11:55] into the [11:56] rate calculations so [11:57] that you're not being [11:59] hit with [12:00] the [12:00] full [12:01] debt coming out of [12:02] rates. That's why we're [12:03] putting [12:03] the impact fees toward it. [12:04] That's why we're putting some [12:05] of [12:06] the available fund balance [12:06] toward it [12:08] . Ok. And then [12:08] I had [12:09] a [12:10] question that [12:10] came up with the [12:11] budget when I [12:12] was looking at [12:12] this as well, so I guess I'm [12:13] gonna ask [12:14] it [12:15] here, um, in [12:15] the [12:15] budget [12:16] we [12:17] had [12:17] $10 [12:19] million in [12:19] impact fees. I thought [12:19] , or [12:22] somewhere mentioned, um, but [12:22] here it's [12:23] 8 million, so I [12:24] was [12:24] just wondering [12:26] what was the [12:26] the [12:26] determination of how [12:28] much we [12:28] put towards [12:29] , I think you're [12:29] getting [12:31] some [12:31] roadway impact [12:32] fees in your total [12:33] . Because I [12:33] believe that these are [12:34] the [12:35] numbers that were put into the [12:38] budget [12:38] for [12:39] water for [12:39] the entire [12:40] if you were looking [12:40] and the [12:41] all [12:42] fund summary, it's gonna, it's [12:44] gonna include roadway impact [12:44] fees. Ok, thank you [12:46] . Now [12:48] , uh, [12:48] obviously our wastewater area [12:49] is much greater than [12:50] our water [12:51] area, and as [12:51] much less [12:51] developed [12:53] . Um [12:53] , what [12:56] is the [12:57] basis for assuming the [12:58] Increase [12:58] in the in [13:00] the wastewater [13:02] . [13:02] Impact fees year [13:04] It's based on [13:07] It's based on the death of [13:09] those big projects, so [13:09] i [13:09] basically [13:11] looked at the debt [13:11] for like the [13:11] wastewater [13:12] treatment plant [13:13] . And how much [13:14] we would [13:15] be able to [13:15] take [13:16] from [13:16] impact fees [13:17] to [13:18] debt [13:18] , and so as [13:20] that debt grew, that's why [13:22] they [13:22] contribution from the impact [13:23] fees [13:24] grew the [13:24] way the water was [13:25] a little flatter [13:26] . So my [13:27] question is, where are the [13:27] impact trees coming from [13:29] ? [13:30] They're being [13:31] collected in the [13:33] service [13:33] area [13:34] and [13:34] they're [13:36] collecting that much more in [13:36] the impact fees in the out [13:37] years [13:38] . I mean [13:38] , that's what I'm [13:39] trying to understand. I mean [13:40] , [13:40] that's a projection [13:42] . I, I [13:42] don't [13:43] have a crystal ball as to how [13:43] much we're [13:44] gonna get in those [13:45] years, but we [13:45] are [13:47] trending this [13:47] year [13:48] . We've collected over [13:49] our [13:49] budget [13:49] . Ok [13:50] , so [13:51] that [13:51] , that looks [13:51] like [13:53] , um, fy 28, we're looking [13:54] at a [13:56] a 25% [13:56] increase [13:58] over [13:58] fy 27 [14:00] . [14:00] Does that seem [14:01] like a [14:02] realistic [14:03] growth projection [14:05] ? I believe so [14:05] based on the [14:07] , the [14:07] subdivisions [14:08] that, I mean, I have [14:09] all the [14:10] information of the memos that [14:10] we [14:11] have for the subdivision. [14:12] There's, there's quite a [14:13] few. [14:14] Ok, so we're going to [14:14] grow [14:15] 25% [14:16] in that area [14:17] . It's a projection [14:21] And, and, and I, and I, and [14:22] to [14:23] me, based on, yeah, I know [14:25] , but [14:26] but I, I want to give him [14:26] credit for to his [14:27] point [14:27] , so [14:28] he's wondering, ok, what that [14:31] looks like regarding our [14:31] wastewater area and obviously [14:32] our ccn [14:33] there is much greater [14:33] than it is our water [14:34] . Um [14:34] , if [14:34] you go out there [14:36] , even [14:36] just [14:37] going on [14:37] Cameron Road [14:38] , which [14:39] pretty much 3/4 of the [14:41] city [14:41] doesn't even know exists. I [14:41] mean [14:43] , it's [14:43] insane. Over here as [14:44] well [14:45] . You see a [14:45] significant [14:46] amount of increase regarding [14:48] these actual subdivisions [14:48] coming in and when [14:50] they're [14:50] coming online, what I [14:51] anticipate [14:52] and what I [14:52] understand the staff is working [14:53] with [14:54] the developers, seeing [14:55] when these units are actually [14:55] coming online [14:56] . What's the [14:57] development schedule, and then [14:57] making [14:58] the [14:59] actual [14:59] summation on [15:00] that, and [15:01] I know that given the [15:02] fact that some of the other [15:02] things [15:03] that are happening in [15:03] that [15:04] . Area [15:06] , including ut [15:07] University of Texas [15:08] at Taylor, [15:08] as well as [15:08] what's [15:10] happening [15:10] growing at 290 [15:11] and 973 [15:12] , you're [15:13] pressuring more units and [15:14] more [15:15] areas to come into in the [15:15] growth area [15:17] for that pattern. [15:17] That's why we always have the [15:18] conversation, to [15:19] your point [15:20] about 973 [15:21] because we know [15:22] that [15:22] that is going to be [15:23] the [15:24] next [15:24] major zone [15:26] that [15:26] again free for [15:27] service citizens have no idea [15:28] about, but that's where the [15:29] growth is coming from. Let me [15:30] , [15:30] let me ask you a question and [15:31] make sure I [15:33] understand the [15:33] impact feline on this table. [15:34] The [15:35] Uh [15:36] , the impact fees here [15:36] , [15:37] is that what [15:37] we anticipate [15:38] collecting from [15:39] new development [15:40] or is that how much we [15:41] have [15:42] in [15:42] and call it reserves in [15:43] our [15:44] fund that we are [15:46] applying [15:47] towards the the rates [15:48] it, it [15:48] , [15:49] it's [15:49] not reserves [15:50] , it's [15:51] basically what we [15:53] When we [15:53] get [15:53] impact fees in, we can [15:55] do [15:55] 2 [15:55] things [15:56] we [15:57] can spend it on debt [15:58] or we can spend [15:59] it [15:59] on [16:00] projects [16:00] . [16:00] We've [16:02] identified this [16:02] amount [16:02] from [16:04] would [16:04] bring [16:05] in to, to [16:06] put [16:06] it [16:07] towards debt so that we [16:08] can [16:09] factor it [16:09] into these [16:10] calculations. The [16:11] rest of the [16:11] money that we [16:11] would receive [16:12] over [16:13] these amounts [16:14] would be [16:15] , um [16:16] put towards projects [16:17] . Ok. And [16:18] when I see 5 million [16:18] in [16:20] fiscal [16:20] year 2029. I mean, that's [16:22] a [16:23] projection that's to more than [16:23] 2 years [16:24] out right now. Is that [16:25] a projection of what [16:26] we [16:27] anticipate we will collect or [16:27] how much [16:29] we will have that how [16:30] much we [16:31] are [16:32] setting aside for [16:34] Got you. Thank you. I think [16:34] that's an [16:35] important distinction [16:36] and I don't think, uh, I don't [16:37] think I was hearing that [16:38] earlier. I appreciate that. So [16:40] I [16:41] , um, found where I saw [16:42] the 10 [16:43] million for the impact fees. [16:43] It's in [16:44] the [16:45] utility capital [16:46] fund [16:47] . And [16:47] so [16:48] based on [16:49] the [16:49] , the [16:50] explanation you just gave [16:51] . It [16:51] looks like [16:52] we're projecting [16:53] or [16:54] proposing that we're going to [16:56] receive [16:56] $10 [16:56] million. So that's [16:57] revenue [16:58] . Yes [16:59] , but [16:59] this is [17:00] what [17:01] we just, what we just discussed [17:01] here, that is [17:03] how much [17:03] of our [17:04] impact fees that [17:05] we [17:05] have [17:06] collected that we are going [17:07] to [17:08] apply towards the debt, not, [17:08] not [17:09] our [17:10] revenue projection for [17:10] how much we would collect, [17:11] right [17:12] , correct. So [17:12] then my [17:12] question is [17:14] . How did [17:14] we [17:16] determine that of the 10 [17:17] million we were going to [17:18] use 8 [17:19] towards [17:19] the debt and [17:21] 2 for, I [17:21] guess, projects. Why [17:23] not use we [17:24] were trying to use as much as [17:25] we could [17:25] to [17:26] death based [17:27] on [17:28] the [17:28] debt on the schedule [17:29] , I mean, I [17:30] have to be [17:32] careful because I [17:33] have to be able to identify [17:34] this impact fee is paying for [17:35] this [17:35] bond payment [17:37] , and so I was [17:37] trying [17:38] to [17:39] identify those bond [17:40] payments that were [17:41] 100 [17:41] 100% [17:42] related to these big [17:43] plant [17:43] projects, so [17:44] That [17:45] was my kind [17:45] of [17:46] my justification [17:47] for like I [17:48] can pinpoint here's the [17:49] amount [17:50] I'm bringing in and here's the [17:51] bond payment that's [17:52] related to [17:52] that new [17:53] asset [17:54] . And why is it [17:55] important that you have to [17:55] identify that [17:57] ? Because it's [17:57] restricted. I [17:59] , I can only use [17:59] those funds for those [18:01] , those [18:02] items. Ok, so what you're, so [18:03] what I'm [18:04] hearing is [18:04] you've [18:05] identified [18:08] $8 million of debt [18:08] payments that can [18:09] be [18:10] applied [18:10] towards impact fees for new [18:11] growth. And [18:12] the [18:13] other 2 million [18:13] that we [18:16] are expecting, um [18:17] . [18:17] There's not [18:18] enough debt to use [18:19] it all [18:19] . For [18:21] . There's not enough [18:22] I mean there is, but you would [18:22] start [18:24] piecemealing it [18:24] across [18:25] bonds, and I [18:26] was trying to just [18:27] be very clean with [18:28] my [18:28] projections [18:30] . And [18:30] we've [18:31] already [18:31] committed some [18:33] projects to [18:33] impact fees, so I need [18:35] to be [18:35] able to have a little bit [18:35] of [18:36] flexibility [18:37] to [18:37] finish out [18:38] those [18:38] projects [18:39] that we've said we're [18:40] going to use Imp impact fees on [18:47] But we could [18:48] borrow debt [18:48] for [18:49] those projects and then use [18:49] . I [18:50] , [18:51] I mean, there's, there's a [18:51] couple of [18:53] different ways [18:54] . I'm [18:55] just [18:57] , um, uh, well, ok, yeah [18:58] yeah all right, so, all [18:59] right [19:00] , [19:00] so there's [19:00] there's possibly [19:02] 10 [19:02] million in debt payments that [19:03] are [19:04] related to [19:05] growth projects [19:05] that are [19:06] on [19:07] our impact fee list [19:07] but [19:09] they're not [19:09] cleanly in [19:09] a [19:11] specific um [19:12] And the [19:13] and the [19:13] 10 [19:14] million is an estimate as well [19:15] , [19:15] so I would [19:16] want to box [19:17] myself [19:18] in. Can, can you [19:18] clarify if [19:20] those are congruent, um [19:22] . Is [19:23] this 8 million [19:23] coming out of [19:25] that $10 million or is this 8 [19:25] million some [19:26] that has already [19:27] been collected [19:28] . Uh, no, it [19:29] would be out of [19:29] the purely out [19:31] of the estimate of what we're [19:32] gonna bring in [19:33] , yes. All right, [19:34] thank you. Do we [19:34] have balances [19:36] in our [19:36] impact fees for water [19:37] and wastewater that [19:38] We [19:39] collected in the past that [19:40] could also be used [19:41] . We've [19:43] already transferred what's [19:43] available [19:44] . We've already [19:45] allocated all that, yes, ok, so [19:45] we've [19:47] used all [19:47] of [19:47] our impact [19:48] fees that have [19:49] been [19:50] collected [19:50] already [19:51] assigned to projects [19:54] . [19:55] All right [19:56] , thank you [19:58] . Sorry [19:59] about that. Where were [20:00] we [20:01] ? Ok [20:01] , [20:01] no problem. And I think the [20:03] only other item on this slide [20:03] is [20:05] just the replacements and [20:05] improvements [20:07] , um, I do believe [20:07] there [20:08] were some questions as [20:10] far as where those amounts on [20:10] the revenue [20:11] requirement [20:12] schedule came from, so [20:12] those [20:14] aren't specifically tied to any [20:15] budget number [20:16] that is the line [20:17] item that [20:17] we use [20:19] , um, because [20:19] when we saw the [20:20] straight budget [20:21] items for each phase [20:23] , the [20:24] amount of [20:24] the rate increase [20:26] varied dramatically from year [20:26] to year [20:27] , from face to face, so [20:28] we use [20:28] . That [20:30] line [20:30] item to be [20:31] able to smooth [20:32] out that rate [20:32] increase so that you saw for [20:33] the [20:35] water side an [20:35] even 5% [20:36] per [20:37] phase, and for the wastewater, [20:38] and [20:39] even 16.5% per [20:41] phase [20:41] . So, [20:41] if we would make it to [20:43] be [20:44] actual capital projects [20:44] , then [20:44] the [20:46] first days would [20:46] be a [20:46] lot [20:46] lower, but [20:48] then you're going to [20:49] have, you know, for water [20:50] , for [20:51] example, you'll have like an 8% [20:51] in phase two [20:52] and then maybe a, [20:53] you know, 10% [20:54] in [20:54] phase 3 and we [20:55] tried to make [20:57] it equal amongst [20:58] the phases. It's also building [20:58] in [20:59] . To [20:59] the rate [21:02] . Some funds [21:02] for [21:03] capital improvement, so it [21:04] serves [21:06] both purposes, yeah [21:08] . [21:08] Yeah, we start with like the [21:09] minimum [21:10] that you need [21:11] and then [21:11] work our way to smooth [21:12] over the [21:13] increases. I just wanted to and [21:13] when you [21:15] say minimum, what [21:15] we [21:15] need, what do you [21:17] mean by [21:17] minimal what we need [21:18] ? Um [21:19] , so [21:19] for [21:20] capital projects, just for [21:22] whatever is in the budget [21:23] , um, [21:24] historically what you've spent, [21:24] we look at a number of [21:25] different factors, what you've [21:27] spent historically and what's [21:27] budgeted for the future. I'm [21:29] This is [21:30] a [21:31] very interesting [21:31] competition for a lot of [21:33] two [21:33] people online and everybody [21:34] else will look later [21:35] on on [21:35] this [21:36] so that's why I was saying that [21:37] I want to make sure [21:38] they [21:38] understood what you meant by [21:39] that [21:40] . If that makes any sense [21:42] . [21:42] And [21:44] how often do you actually [21:44] get a counselor really [21:45] interested in [21:46] talking [21:47] about [21:47] this. I [21:48] love talking [21:49] about [21:49] numbers [21:51] . Me [21:51] too [21:53] . What? I know [21:54] we're [21:55] all shocked [21:57] . Um [21:58] , and then [21:58] so [22:00] this is just [22:00] . In general, [22:01] there are [22:02] some for the water [22:02] side of a cost of [22:04] service study [22:05] um, this gets [22:06] a little into the [22:07] weeds, but the [22:09] cost allocations [22:09] their, for [22:11] a [22:11] water [22:12] system [22:13] is, [22:14] um, you apply, if you look in [22:14] the [22:16] awwa manual, what's called [22:16] capacity factors [22:18] , so [22:18] you're [22:18] deterrent, it helps [22:19] you [22:20] determine what customers are [22:21] putting more of a stress on [22:23] your system than other [22:23] customers, and [22:24] these factors [22:25] help to [22:25] allocate those [22:26] costs so [22:27] that the customers that [22:27] are [22:29] putting more stress on your [22:30] system are the ones paying [22:31] . For [22:32] that. And so these are [22:32] the [22:33] assumptions [22:34] , um, mainly [22:36] based [22:36] on all the billing data [22:38] that we [22:38] received [22:39] from Tracy's team [22:40] , so [22:41] we analyze all that for the [22:41] test [22:43] here [22:43] , um, and looking at [22:44] those [22:46] . Highest months what [22:47] the [22:48] usage was for each [22:48] customer [22:48] class [22:49] , um, so in each, each of [22:50] these [22:52] customer classes, the [22:52] ones [22:52] we were able [22:54] to adjust [22:54] , um [22:55] we threw out [22:56] the highest, [22:56] highest month because it [22:58] was [22:58] a [22:59] significant outlier [23:00] compared to [23:01] the 2nd highest and 3rd [23:01] highest [23:03] month [23:03] , um, for residential and [23:05] commercial, and then also, and [23:06] then we compare that [23:07] to the [23:08] average so that you can see [23:08] what goes into [23:10] your flow, and [23:10] then who you need [23:11] excess [23:12] capacity for because they're [23:12] , [23:13] they're causing [23:14] strain on the [23:15] system from those peak demands [23:16] . [23:16] Um, and then [23:17] the [23:18] number other [23:19] things that go into that [23:20] calculation for [23:21] those factors [23:21] or the days of [23:22] water that [23:22] is [23:23] used per week, and then the [23:24] hours of water [23:25] per day [23:26] , um, and [23:26] then just noting [23:27] on [23:28] here that [23:28] because of the [23:30] agreement the [23:30] city has [23:31] with Manville [23:33] , um, we [23:33] show what [23:34] the cost to [23:35] serve [23:35] Manville are based on the [23:36] cost [23:37] of [23:37] service allocation. However [23:39] , [23:39] that agreement [23:40] , um, specifies [23:41] that their rate cannot change, [23:42] um, and [23:43] I think [23:43] it's [23:44] for 40 [23:44] years, so [23:46] . So [23:46] , um, they are [23:48] customers that are [23:48] subsidizing [23:49] the costs for [23:50] them, and so then [23:51] we show in the report [23:52] how that [23:53] got allocated to the other [23:53] classes [23:55] . Um, and then just [23:57] for [23:58] residential from that [23:59] allocation of Manville's [24:00] revenue [24:01] being below the [24:02] costs [24:02] it [24:03] is [24:04] to serve them [24:06] . How that [24:07] was allocated to the [24:08] other [24:08] customer classes based on input [24:09] from [24:10] management was to help [24:12] . [24:13] Reduce the impact to the [24:13] residential customers [24:14] , so more [24:15] of that [24:16] was allocated to the [24:17] other customer classes in a [24:18] smaller [24:19] percentage was [24:20] allocated to residential [24:21] . So [24:22] , [24:22] on that, because I [24:24] was [24:24] surprised when I [24:25] saw that. Um [24:25] um [24:28] . Is [24:28] that [24:29] subsidy [24:29] been [24:29] consistent [24:30] in [24:31] previous years, [24:31] the, the way that it's [24:32] being [24:33] allocated [24:33] . Mostly it's [24:35] a [24:35] commercial and not to [24:36] residential, or [24:37] was [24:37] the [24:38] the [24:38] allocation in [24:39] this year changed [24:40] from how we did it before [24:42] . So [24:42] that [24:43] I would [24:44] , I did not [24:44] do [24:45] the [24:45] prior [24:46] ? Manville was built into [24:47] the rave model. I don't [24:48] know [24:49] that there was a specific, I [24:49] mean it [24:51] . Um [24:54] , We were running [24:55] the model with all the [24:56] information in it [24:58] , and then [24:58] setting the rates [24:59] to get [25:00] us [25:00] to [25:00] a revenue [25:02] requirement that we [25:03] needed. I don't know that it [25:05] was specifically allocated the [25:06] way that Baker and Tilly did it [25:07] but [25:07] , and without doing a cost [25:08] of [25:09] service study [25:09] , you [25:10] wouldn't [25:11] necessarily see that that's how [25:12] much they've been subsidizing [25:13] , [25:14] so you'd have to go back and [25:14] see the last time [25:15] the [25:16] city [25:16] actually did a full cost [25:17] of [25:18] service study for allocating [25:19] those costs [25:20] to [25:20] see [25:21] what that [25:22] um [25:23] subsidization was [25:23] . So [25:23] do you [25:25] see this in [25:25] other cost of [25:25] service [25:27] studies [25:27] you [25:27] do [25:28] . We do a [25:28] lot [25:29] , especially in [25:29] growing [25:30] communities where the customer [25:31] base [25:32] is changing quite a [25:33] bit [25:34] that and haven't had one in [25:34] years [25:36] from when maybe their [25:36] initial [25:37] rate structure [25:38] , um, was [25:39] outlined. So if [25:40] it's been a [25:41] , a [25:42] long time since the cost of [25:43] service study is done. We see a [25:43] lot of [25:45] that subsidization and [25:45] trying to true up those rates [25:46] so [25:47] that the costs are being [25:48] paid by the customers that are [25:48] putting [25:50] the biggest [25:50] impact on [25:50] the [25:52] system. How recent of a [25:52] trend is that [25:54] ? It varies [25:55] from [25:55] community [25:56] to community, but [25:56] We [25:57] do see it [25:58] very [25:58] often. So [25:59] how [25:59] often [26:01] would you [26:01] recommend that [26:01] a [26:03] city [26:03] updates their cost of [26:04] service study [26:05] every month [26:07] . So [26:07] like 5 [26:08] years [26:08] , 10 years, I [26:10] would [26:10] say probably at least [26:12] 5 years, [26:12] uh, if you're a growing [26:13] community, especially [26:14] and you [26:15] know that those customer class [26:17] spaces are the the amount of [26:17] customers [26:19] in one class [26:19] or [26:19] another has changed [26:21] significantly, then I would [26:21] recommend doing it. Ok [26:23] , so [26:24] like [26:24] if you see [26:25] a [26:25] large increase [26:26] in [26:26] multi-family [26:27] . That [26:28] might be a [26:30] trigger to, to look at it again [26:31] And [26:33] here multi-family rate [26:33] design [26:35] is being classified as [26:36] commercial. Yes [26:39] . Thank you [26:42] . No [26:44] . [26:44] Um, and [26:46] then just on the [26:46] wastewater side, the way costs [26:48] are allocated, um, this is [26:51] based specifically on the [26:51] monthly [26:52] reports of operations [26:53] from your wastewater [26:54] treatment [26:55] plant [26:55] , um, so those [26:57] , uh, flow [26:57] , [26:58] the flow [26:59] , and [27:00] what it's costing [27:01] more to treat [27:02] that flow based [27:02] on your excessive [27:03] strength [27:04] surcharges, and so that's the [27:05] allocation between [27:06] just your, [27:06] your flow [27:08] , your [27:09] , um, phosphorus [27:10] your [27:11] um biosolids, your [27:13] suspended solids, those, those [27:14] different items, it's just how [27:14] that [27:16] . It's allocated, um, and [27:16] then [27:17] for wastewater [27:18] specifically [27:19] , the [27:19] wholesale [27:20] customers based on their [27:20] agreement, the rates [27:22] cannot be [27:22] increased, so we [27:23] did [27:24] not show [27:25] an increase to any of [27:26] their [27:26] rates [27:27] . And [27:28] then again [27:29] , also did [27:29] a, there's a [27:31] slight [27:31] subsidization between [27:32] residential [27:33] and [27:33] commercial just [27:33] to [27:35] help offset an increase for [27:36] an [27:36] average residential user, um [27:37] but it's minimal [27:38] . And [27:38] that was [27:38] based on [27:40] the input from [27:40] utility [27:41] management to [27:42] , to [27:42] minimize the [27:42] impact to [27:43] residential [27:44] customers [27:44] So [27:45] , but previously [27:46] with [27:46] the [27:47] wastewater and how the rates [27:47] were scheduled [27:49] . Was there [27:50] a [27:51] subsidy of commercial [27:51] from [27:53] residential. Yes [27:54] . Yeah. And it [27:54] was [27:56] . Quite significant. Yeah, [27:56] so I [27:58] , I wasn't sure because the [27:58] number and the [27:59] report [27:59] was [28:00] almost [28:00] 5 [28:01] million and I wasn't, [28:01] you know [28:02] , but [28:02] that [28:03] was based on [28:05] this year's usage and the, you [28:05] know, in [28:06] the [28:07] current rates, but [28:07] not, I didn't know if it [28:08] changed a lot [28:09] from the previous [28:09] year and [28:10] that [28:11] was similar to [28:12] what it would have been in the [28:12] last [28:13] few years [28:14] . So specifically [28:14] based on [28:17] um the question that [28:17] you had sent earlier today [28:18] , the [28:18] um, that [28:20] last schedule, it's [28:21] kind of an apples to oranges [28:21] because it's prepared [28:23] , it's [28:23] comparing [28:25] the proposed [28:25] . [28:26] Structure to [28:27] the [28:27] existing [28:28] rights, but when I apply [28:29] the [28:29] across the [28:30] board percentage [28:30] increase [28:31] to [28:31] the [28:32] existing rates. [28:32] It's still [28:34] , that gives you like [28:34] a true cost of [28:35] like in [28:36] our [28:36] projections, what the [28:38] subsidy [28:38] , [28:39] what commercial would be [28:41] residential would be subsidized [28:42] and commercial [28:43] , um, if the rate [28:44] structure didn't change and it [28:44] was [28:45] , I, I think it was [28:45] about [28:47] 4.5 million [28:48] . I wrote it, so it [28:48] was [28:50] 4.9 with the existing rate [28:51] structure, but if you increase [28:52] the rates by the [28:54] . Increase [28:54] needed across the board, then [28:55] it's 4.5 [28:57] . So that's, that's [28:57] pretty large [28:58] , so [28:59] . This change [28:59] in the [29:01] rate structure that [29:02] we're, that's being proposed is [29:03] going to, I mean, we, we, you [29:04] know [29:05] , felt it, right, but now [29:06] we have some numbers of [29:07] how [29:07] much [29:08] was actually being [29:10] subsidized by residential, and [29:11] now it's more [29:12] equitable based [29:12] on usage [29:14] based on, on [29:15] the [29:15] pressures that each class is [29:15] putting on [29:16] your system [29:19] . So you [29:21] , [29:22] so I updated that for we at [29:23] least believe that because [29:24] remember we had that [29:24] conversation about what's going [29:25] to happen with [29:27] . Apartment [29:28] complex. Yeah, so, yeah [29:28] , so [29:28] then [29:30] this might have been, it [29:30] might have [29:31] changed as [29:32] the [29:33] housing or as the mix [29:34] of [29:35] customers classes [29:37] changed with [29:38] more and I and I think [29:39] chewing [29:39] up the so that not [29:42] . Every [29:42] customer meter size [29:43] has the [29:44] same base charge as what's [29:46] helping to even more align the [29:47] costs [29:48] with the customer [29:50] . Thank [29:50] you. You're welcome [29:55] . And then I [29:55] think you've seen all these [29:56] before, but [29:57] again, we just have [29:58] the present and proposed rates [29:59] . [30:00] Here, so [30:00] that's a [30:01] , if you want [30:02] us to go through all of them, [30:02] we can [30:04] . Did anything change [30:04] from the last, because when [30:05] I [30:06] looked at the last one [30:06] and [30:08] the [30:09] costs there were, it seemed [30:09] like there might have been some [30:10] minor changes [30:10] , or is [30:11] this the [30:11] same as what [30:11] was [30:13] left from when [30:13] you were here in [30:15] the [30:15] rates did [30:15] not [30:16] change [30:17] . The yeah, the only [30:18] rate [30:18] that changed [30:20] was Lakeside [30:20] mud [30:22] , um, but it did not end the [30:23] change so that we [30:24] netted out [30:24] , [30:25] um, what [30:26] was [30:27] paid to Anville [30:27] for that community [30:28] and the [30:29] revenues since they're since [30:29] . [30:30] Lugerville just [30:31] serves as kind [30:31] of a pass through and [30:33] collecting the revenues for [30:34] that community [30:35] , um, so it [30:36] changed their rate slightly, [30:36] but it [30:38] did not impact any of [30:38] the other rates [30:43] . That's really [30:43] all [30:44] we [30:44] have [30:45] for presentation [30:46] . [30:47] Let me, let me ask you about [30:47] that. You mentioned Manville [30:48] and [30:48] the [30:49] pass-through rates. Uh, [30:50] is there a [30:51] risk factor built [30:52] into that? Is there a [30:52] collection factor [30:53] built into [30:53] that [30:55] ? Um [30:56] , I guess I don't know [30:58] how the collection site, like [30:59] when you pay it out [31:00] , if you [31:00] just look at [31:03] the [31:03] collections we [31:05] build or are we paying out what [31:05] we were supposed to collect or [31:06] we [31:07] paying out what [31:08] we actually [31:08] my [31:09] question if you just pay out [31:10] what you [31:11] actually collected or [31:12] if you [31:12] paid [31:14] out of [31:16] folks [31:16] who [31:16] didn't pay their bill [31:18] . I'm [31:18] not [31:19] familiar with that. I [31:20] don't [31:21] personally do that building. Um [31:21] I know there's [31:22] a fee [31:23] that [31:23] we [31:25] collect as part [31:25] of [31:27] just doing [31:27] the [31:29] service and my [31:30] understanding is the rest of it [31:30] is a [31:32] pass [31:32] through, so we're [31:32] able to keep [31:34] . The [31:34] portion [31:34] that's [31:36] um in the [31:36] agreement for [31:36] us [31:39] . That's [31:40] that's encouraging [31:41] . [31:41] So [31:43] these have been [31:43] communicated [31:43] out [31:45] the informal direction I [31:46] received at our [31:47] last meeting [31:48] , [31:48] um, so residents are aware [31:49] they're [31:50] on notice of [31:50] these of [31:51] these changes [31:52] . So if there's [31:54] I [31:55] did have a couple other [31:55] questions [31:56] that I sent in [31:57] the [31:57] email that I don't think [31:58] think [31:59] covered [31:59] , um, in the [32:01] , the water [32:01] cost of service [32:01] . The [32:03] net [32:04] revenue requirements [32:05] ? Were [32:06] um [32:06] different than what is [32:07] in our [32:08] budget, so it [32:08] was [32:10] like 37.5 [32:10] million, but our [32:12] budget is 35 [32:13] . [32:13] So [32:15] , um, just, but [32:15] the [32:17] wastewater matched exactly, so [32:17] I wasn't sure [32:19] the reason [32:21] . I [32:21] mean, obviously it's better [32:23] . So [32:24] what the number that [32:25] you're [32:26] saying matched was the [32:26] net [32:28] revenue requirements [32:28] , not [32:29] necessarily the [32:30] total [32:31] annual [32:31] revenues that [32:33] we [32:33] would [32:33] project. [32:34] So when you look [32:35] at the water [32:37] . [32:37] The 35 7 is [32:39] the [32:39] total revenue [32:40] that this [32:42] is generating that [32:42] this rate [32:43] study is [32:44] generating. [32:44] So we're [32:46] already projecting [32:46] that we're going to be under [32:48] . [32:48] Collected [32:49] . So [32:50] the [32:50] 357 is what [32:51] we put in the [32:53] budget or close [32:54] to it, because there's a just [32:55] there's a [32:55] difference between [32:56] what the [32:57] rates will collect and [32:58] what wholesale we'll collect [32:59] . [33:00] Um, on [33:01] the [33:02] wastewater side, I [33:02] mean, I did [33:04] use [33:04] a [33:04] judgment. If [33:05] if I would have put [33:06] the 22.4 [33:07] that's in this, in this [33:08] , um [33:10] . [33:11] Study, we would have [33:11] been [33:13] going [33:13] backwards a couple of million [33:15] . [33:15] Um [33:16] , So I kind [33:18] of made the [33:18] assumption that we might be [33:20] able to make up some of this [33:23] gain between the total [33:24] revenue [33:24] requirement and the total [33:25] annual revenues, it's still [33:27] a [33:27] budget [33:29] , you know, we MAY not [33:30] make it to the 26th [33:31] 1, but that [33:31] was kind of my [33:32] justification [33:32] for not [33:33] going all the way back [33:34] down to the 224 [33:36] . I mean [33:36] , we're [33:38] even projecting, I [33:38] think 26 [33:40] this year [33:41] . Oh, I [33:42] , I [33:42] thought the [33:43] net revenue requirements [33:44] was [33:45] what was being used the [33:45] bottom [33:45] one [33:47] , not the top one. It's [33:47] the [33:48] bottom number [33:49] , the [33:49] total [33:50] revenues available. Ok [33:51] . I [33:52] thought that was the one we had [33:54] to use or that was [33:56] being used [33:56] as saying this is what we need [33:56] to [33:58] . Well, I guess [33:58] from the [34:00] net [34:01] revenue requirement, so I [34:01] thought [34:03] that's what we were [34:03] they're phasing it [34:05] in so [34:05] they're not assuming [34:07] that in [34:07] year one we're going to [34:08] collect [34:08] everything [34:09] we [34:09] need [34:09] . They're [34:10] phasing that in [34:11] over 5 [34:12] years. I [34:12] think on the [34:14] water side [34:14] because [34:16] the way we [34:16] use [34:16] the replacements [34:17] and [34:18] improvements to help smooth [34:19] out those [34:20] rate [34:20] increases [34:21] . We [34:21] made [34:23] , we increased the [34:23] replacements and increased [34:25] improvements line items, so [34:26] that's why it's at [34:27] the 37 [34:28] million rather than [34:28] . 35 million [34:28] so [34:30] that we could do [34:31] the [34:31] annual [34:32] 5% [34:32] per year instead of [34:34] only [34:34] having 2% in phase one [34:35] and 8% [34:36] in phase two [34:38] . Ok, that makes [34:39] sense. Well, cause that was one [34:40] of my questions [34:40] was what is, [34:41] what is [34:41] this? Yeah [34:43] , that's why [34:43] it [34:44] was the, the goal [34:45] of [34:45] phasing [34:46] those increases or [34:47] making [34:47] those [34:48] increases we're phasing it in [34:48] this [34:50] in the study, but we're [34:50] not [34:52] actually phasing. We're not [34:52] actually [34:54] . Collecting higher [34:55] revenue for that in our budget [34:57] . [34:57] You'll collect higher revenue [34:58] , [34:59] but you'll set it aside to be [35:01] used for future years [35:04] . Ok [35:04] . [35:04] It'll offset those and [35:05] then [35:06] increases needed [35:06] . I [35:08] was unsure [35:08] of how [35:08] like the [35:10] , the [35:10] terminology of what was used in [35:11] this study and how it [35:13] related [35:13] to [35:13] our budget [35:14] with franchise [35:15] fee expense and transfer to [35:15] general funds [35:17] , and so I was [35:17] trying to add them up and [35:18] compare them to [35:19] the budget to [35:20] see [35:20] . Um [35:21] , if [35:22] I [35:22] could [35:22] understand [35:23] how, how this [35:24] is flowing to [35:24] our [35:25] budget [35:26] . The transfer to General [35:27] Flynn is the same [35:28] . The [35:28] franchise [35:29] fee was a little [35:30] bore [35:30] in the [35:31] study [35:31] than what [35:32] we [35:33] actually put in the fiscal [35:34] 27 [35:35] budget [35:36] , um, because [35:37] this [35:37] , that [35:37] what the [35:39] , the [35:39] revenue [35:40] requirement that they were fed [35:40] to do the [35:42] study off of was the [35:42] fiscal 26th budget [35:44] . And the [35:44] fiscal [35:46] 2016 budget franchise [35:47] fee was higher. It was [35:48] like 2.7 [35:49] That's what these numbers are [35:49] based on [35:51] . But [35:51] as we were [35:52] trying [35:53] to balance the budget, we were [35:53] trying to [35:55] reduce that franchise [35:55] fee a little bit [35:57] . Ok [35:57] , and then [35:59] . [36:00] We have cost allocation in the [36:00] budget [36:02] . Is that [36:02] what is, so I [36:04] was aligning them [36:05] accurately [36:05] and as [36:06] far [36:06] as [36:06] , but um [36:08] . Ok [36:13] . All [36:13] right, counsel, what other [36:14] questions do you have [36:15] ? I was [36:16] going to ask the exact same [36:16] ones that [36:17] Melody's been talking [36:18] about. Yeah, I know she [36:19] took [36:20] mine [36:22] too [36:23] . You're [36:23] just [36:24] going [36:25] online, I do have, I [36:26] do [36:26] have [36:27] one question, uh, for you [36:28] , so [36:29] , [36:29] uh, the way [36:29] we adopt [36:31] these [36:31] rates is through the budget [36:32] process and you [36:33] go [36:33] into [36:34] effect [36:34] OCTOBER 1st [36:35] with the, with our [36:36] annual budget. Is that accurate [36:36] ? Yep [36:38] , your masterpiece [36:38] schedule is a part of your [36:39] budget. All right [36:40] , and it will [36:40] come back as a [36:42] separate [36:43] ordinance, um, and it'll have [36:45] two readings. All right, and [36:45] that ordinance [36:46] . Will be the [36:47] master feet [36:47] ordinance [36:49] or [36:50] masterpiece. So I, I [36:51] did [36:51] have [36:52] another question [36:53] on [36:54] the [36:54] um rate [36:54] coverage [36:56] with [36:56] the [36:56] wifia [36:57] requirement and [36:58] the [36:58] 125% and [36:58] what [36:58] we [37:00] need to [37:01] , to collect [37:02] , um [37:03] because some of [37:03] the [37:04] calculations [37:04] in [37:05] there were [37:05] different than [37:07] what [37:07] I [37:07] was [37:08] understanding how the [37:09] calculation worked with talking [37:10] with [37:12] staff previously, which is [37:12] always why I [37:14] like to see it in [37:14] the numbers and not just [37:15] describe. But [37:17] . But, um, so [37:18] in [37:19] there, it, it, it looks like [37:20] . [37:21] The [37:21] revenue requirements in [37:23] this plan are higher [37:25] . Than what [37:26] we need for [37:27] the the rate [37:28] coverage for Wo because we're [37:30] at 137% or 100 [37:32] . 48% [37:32] , which [37:32] is [37:33] higher than what we need [37:34] for [37:34] 125% [37:36] . So, um [37:37] , So that [37:38] I'm [37:38] just [37:39] wondering, is that an [37:41] opportunity to have [37:43] Great [37:43] relief if [37:44] This is higher [37:45] than [37:46] what we need for the debt [37:47] . [37:48] That's it [37:48] . Yes, please [37:48] go [37:49] ahead [37:50] I was, so I was going to say, [37:50] well [37:52] , just [37:52] because for [37:53] the [37:54] 2026 [37:55] with the t3 since [37:55] that that [37:57] service isn't actually known [37:58] yet. We did build [37:59] in some [38:00] cushion to allow some [38:01] flexibility with that [38:01] for [38:02] those [38:03] coverages, but [38:04] then also [38:06] um the [38:06] function of again [38:08] . Um [38:08] , [38:09] fluctuating that replacements [38:10] and improvements number to [38:11] smooth out the rate [38:12] increases [38:13] is what's going to make [38:13] those [38:15] coverage percentages be higher [38:15] than what's [38:17] actually required [38:17] because you're smoothing it out [38:18] over the [38:19] different years [38:20] instead [38:20] of having [38:21] just what you [38:22] exactly you [38:22] needed phase one, [38:23] phase 2 [38:24] , and phase 3 [38:24] , so it'll, [38:24] it'll vary [38:26] from year to year. [38:26] They're also not apples [38:28] and [38:29] apples because when you're [38:31] trying to calculate your [38:33] revenue requirement [38:33] . You're [38:35] looking at [38:35] different factors, [38:36] and then when [38:37] you're trying to [38:38] take those numbers and just do [38:40] the calculation to make sure [38:40] you're covered [38:41] on your [38:42] debt [38:42] coverage. They, those are [38:44] two [38:45] separate calculations [38:46] . So [38:46] , if [38:46] we were to [38:48] reduce the rates and [38:49] reduce the revenue, then [38:50] we're [38:51] not meeting our [38:51] revenue [38:51] requirements on the [38:53] other page. [38:53] I mean, they, they're [38:55] just [38:55] not [38:56] comparable sometimes they [38:57] both [38:57] have to [38:58] be [38:58] calculated [38:59] , but they [39:00] do run separately as far [39:02] as, [39:02] you know, what you're doing on [39:03] the [39:04] . Revenue Department is [39:05] different than what you're [39:06] doing for the [39:06] debt [39:07] coverage, at [39:07] least [39:09] we're meeting our [39:10] , we [39:10] are [39:10] exceeding our debt [39:11] coverage, [39:11] which is good news [39:12] . So [39:13] , you run [39:13] the risk if you [39:14] take just [39:14] looking at [39:15] that [39:15] coverage [39:16] calculation and think that [39:17] you [39:17] can [39:18] reduce your, um, the [39:20] million dollars, you MAY not be [39:21] meeting all your [39:22] revenue [39:22] requirements [39:23] . Even though [39:25] you're meeting that coverage [39:27] funds from [39:29] or using funds from [39:30] Fund Balance like we're going [39:30] to [39:31] be using 2 [39:33] . 7 [39:33] or 2.3 [39:34] somewhere somewhere from fund [39:34] balance [39:36] . Towards that [39:38] , that [39:38] does that [39:40] Get [39:40] calculated in the [39:43] rate coverage or does that get [39:43] calculated in the [39:45] revenue or so [39:45] your coverage calculation [39:46] is [39:47] specifically what [39:47] you've earned [39:48] in that year [39:49] , so you can't [39:49] use [39:50] cash reserves towards [39:52] calculating that rate coverage [39:52] or that debt service [39:53] coverage, [39:54] the debt service for [39:56] the 125% [39:58] . [39:58] But you can use it for your [39:59] revenue [40:00] requirements, correct [40:02] . [40:03] Can we have [40:05] ? Clear [40:05] as mud. So [40:06] thank you [40:07] . There are a lot of [40:08] moving [40:08] pieces, yeah [40:09] yeah, [40:10] they're all intermixed. I have [40:12] a better understanding now. [40:12] Thank you. You're welcome [40:14] . [40:15] Thank you, counsel. Any other [40:15] questions [40:18] ? I [40:19] appreciate it, MS. [40:19] Lynch. Thank you for being [40:21] here [40:21] and for that detailed [40:22] explanation [40:23] . I'm gonna, uh, and [40:26] of course uh Tracy, always glad [40:26] to hear finances from [40:27] you. It [40:28] seems like we're always doing [40:29] better when you're [40:30] up here. Uh, [40:31] that'll take us [40:32] to [40:32] item 3c. [40:33] This is discussion regarding [40:34] a [40:34] resolution of the city of [40:35] Pflugerville, Texas [40:36] , adopting [40:37] standards for secure, [40:37] accountable, fair [40:39] , and [40:40] explainable technology use [40:40] directing [40:41] the implementation [40:42] and providing an [40:44] effective date [40:44] I think we've got some [40:46] . [40:46] Language [40:46] from our [40:49] regular [40:49] agenda item on there this is [40:50] discussion during the [40:51] work [40:51] session [40:53] . James, yeah, I just [40:55] want to explain the documents [40:56] you have in front of you [40:56] . You [40:57] have [40:58] two versions, the one with [40:59] the draft watermark is the one [41:00] that [41:02] was attached, um, to the [41:02] agenda as drafted [41:03] by council [41:04] member Kaufman [41:04] . The other [41:04] version [41:06] is [41:06] a [41:07] revised [41:08] version [41:08] prepared by cast [41:09] member Matteer [41:11] Yeah, and, and let [41:11] me explain. [41:11] So [41:12] , uh, I [41:13] I [41:15] want to thank [41:15] um [41:16] Jonathan early [41:17] on specifically [41:18] came to me talking about this [41:19] idea and this policy and what [41:20] we're working on [41:22] , um, we talked [41:22] about how staff was looking at [41:24] these things as a whole in [41:25] their [41:27] totality. What should we [41:27] do? How should [41:28] look at this [41:29] game like a good opportunity to [41:29] go [41:30] and [41:31] do so [41:31] . Um [41:31] , Jonathan then [41:33] went to [41:34] um start talking to [41:35] David, COUNCILMAN Rogers about [41:36] it [41:38] , and [41:38] as we've heard from [41:38] mayor pro tem [41:40] , Kimberly [41:40] numerous times [41:42] . I get a little [41:42] nervous about when all of us [41:43] are all [41:46] . Discussing everything [41:47] else happened from that as well [41:47] so [41:49] I [41:49] stepped back [41:50] , um, they [41:50] worked on [41:51] their version, the [41:52] version has the [41:53] the draft on it [41:54] It also has a good um [41:57] . Summary [41:58] as well with that as well, and [41:58] then I [42:00] asked specifically, I [42:01] asked our attorney Mike [42:02] to send [42:02] me what their [42:03] draft was and [42:05] then based on what their draft [42:05] was, I created [42:06] a draft where I [42:07] saw, ok, listen, there's [42:09] , [42:10] there's some [42:10] things where we [42:11] need some clarity or some [42:11] other [42:12] aspects in my opinion, some of [42:12] the things that we add on [42:13] , some [42:14] things that, um, you know [42:14] , help [42:14] buttress [42:16] what [42:16] they're getting [42:16] at right there [42:18] . And so the [42:18] policy that you see [42:20] from [42:20] me is [42:21] about [42:23] . 18 pages [42:25] . But uh, which [42:27] covers the, yeah, I know [42:27] , right [42:28] which I expect each [42:29] and every [42:30] one of you to sit right here [42:31] , [42:32] you [42:34] You know, I have a judge [42:34] who don't [42:36] get me started, [42:36] that's exactly how he does in [42:37] these documents [42:39] . Um [42:39] , that I, I [42:40] would like for y'all to [42:40] , you [42:41] know, take back and look at [42:43] , um [42:43] we don't have [42:45] a [42:45] subcommittee, [42:46] so I would say have [42:47] Jonathan, [42:48] David, and I go back and [42:49] talk. [42:50] We don't have that, but [42:51] , um, [42:52] just what your thoughts are for [42:53] like, for example, one of the [42:54] things that, you know, there's [42:55] some cleanup items [42:56] . Um [42:57] , for [42:57] example [42:59] . Rudy [42:59] , before [43:00] you, [43:01] before you dig real deep into [43:01] that, I do [43:03] have one person [43:03] signed up for public comment on [43:04] this [43:05] item [43:06] . So I wanted to go [43:06] ahead and call forward [43:07] , uh, Mr [43:08] . [43:08] Les Wall [43:08] . Les [43:10] , uh, I know you [43:10] signed up to [43:12] , uh, to [43:12] comment on [43:12] this item [43:13] 3c. Uh [43:14] , I'll give you [43:15] uh, 3 minutes [43:16] , uh, to address [43:17] us. Hey, thank you. Get [43:18] my [43:19] glasses out, so [43:21] . Yeah [43:21] , safe [43:22] technology use [43:23] . There are those [43:24] who argue there is no such [43:26] thing [43:26] as safe technology [43:27] , but [43:28] uh that's a discussion for [43:29] another day [43:30] , um, whether we're [43:31] looking at biometrics [43:32] , whether [43:33] you're looking at surveillance, [43:33] whether you're looking [43:34] at ai [43:35] , [43:35] um, the bottom line is [43:36] I don't [43:37] think it he [43:37] didn't understand [43:39] human reasoning [43:39] . It's [43:40] only as [43:40] good [43:41] as what the programmers [43:42] can put into it and what [43:43] comes [43:43] out of it [43:44] . So [43:44] where does the [43:46] public trust fit into this [43:48] ? Um [43:48] , [43:48] many are skeptical [43:50] . Um [43:51] , and [43:51] one [43:51] of [43:52] the [43:53] things that I looked [43:55] at [43:55] was low, moderate, and high [43:55] risk [43:57] . Um [43:58] , there are [43:59] those in [44:00] the tech world that would say [44:00] they're all high risk [44:02] . The [44:02] only [44:02] system [44:04] that is closed [44:05] . Can't be [44:06] hacked in. That's the one that [44:07] can't [44:07] be [44:08] compromised. If you [44:09] allow an email, if you allow [44:09] data [44:11] to go out of that place or [44:11] come into that place [44:13] , it's [44:13] open [44:14] And so from that standpoint, [44:14] I'm [44:15] glad you guys are [44:16] addressing this from the [44:17] standpoint of [44:18] If we don't, the [44:20] legislature probably will, and [44:20] we know they addressed it last [44:21] session. I [44:22] bet they're going to [44:22] do something this session [44:24] as [44:24] well [44:25] , um, one of the things [44:25] would be [44:26] the [44:27] National League of [44:27] Cities [44:29] reported 68% of [44:29] employees for a city [44:33] . Use [44:33] ai [44:33] on [44:35] personal [44:36] platforms [44:37] and 57% [44:38] input sensitive data from the [44:38] city [44:43] . Um, I'm guilty of that as [44:43] well [44:45] , taking things home and [44:45] working on it and then coming [44:47] back, but um [44:47] From [44:48] that [44:49] standpoint [44:49] , the National League [44:50] of [44:52] Cities says Chet [44:53] bt Clive, [44:54] they are not safe [44:55] . So if we're [44:56] allowed access to all of that [44:57] , [44:58] they're definitely recommended [44:58] don't do [45:00] it, um [45:01] . Staff limits [45:01] cannot [45:02] be [45:03] replaced by ai [45:03] . If [45:05] we're cutting staff, thinking [45:05] ai is going to replace [45:06] human [45:07] intervention. That's not going [45:08] to happen. In fact [45:09] , you MAY end [45:09] up having more [45:10] it people [45:11] to try [45:12] and manage what we're working [45:12] on [45:13] , um [45:14] . And [45:15] uh the [45:16] Roosevelt [45:17] Institute states that ai can [45:18] be [45:19] a burden for public workers. It [45:21] can comprehend or make their [45:21] work [45:23] harder cause it'll come [45:23] out with information that's not [45:24] accurate. They [45:25] got to go in and [45:25] fix it [45:26] . And I [45:27] know [45:27] Harris [45:28] County Houston's [45:29] problem [45:29] on [45:30] engineering projects. They [45:30] would [45:31] put the [45:32] information in. [45:32] It'll spit out a project number [45:33] that [45:34] is not the number they're [45:34] working on [45:36] . They'll correct it. [45:37] It spits out the wrong number [45:37] again in the wrong data [45:38] . Uh [45:39] , so [45:39] they've [45:41] already experienced [45:41] that, so the [45:41] only thing I [45:42] would [45:43] say is I'm glad you guys are [45:44] addressing this because it's [45:44] going [45:45] to continue to be [45:46] a [45:46] burdening issue [45:48] . And there's [45:48] those that are going to fight [45:49] it [45:49] and there's those that are [45:50] going to try and work [45:52] with it, [45:53] and we really can't fight it [45:53] very [45:54] well because it's out [45:55] there for all of us to [45:56] use, so [45:57] I do appreciate you guys [45:57] addressing this [45:59] , uh, hopefully [45:59] before the legislature drops [46:00] the hammer [46:01] on cities [46:01] , but from [46:02] that [46:03] standpoint [46:03] , um, let's just [46:04] try and be as safe as [46:05] we can [46:06] with it because [46:06] public [46:07] trust [46:08] sometimes [46:08] is compromised [46:10] , [46:10] especially from third parties. [46:11] And if [46:12] we [46:12] give data to a [46:12] third [46:13] party [46:14] and [46:15] it leaks out, what [46:15] are their punishments [46:16] ? What are [46:17] their penalties? If we have [46:18] a [46:19] contractor, if we have a [46:20] consultant come in and take our [46:20] data [46:21] and then all of a sudden [46:22] goes to [46:23] another party and they [46:24] start using it [46:25] . What [46:26] ramifications do we have [46:26] ? I [46:27] appreciate your [46:28] time [46:28] . Thank you [46:28] Thank you, MR. Wallace [46:30] . All [46:30] right [46:31] , yeah, now I, I was about [46:33] to say I think one of the [46:33] things [46:35] that he said, which I [46:36] think is critical in this [46:37] conversation, but [46:37] I have a [46:38] slightly different perspective [46:38] on [46:39] this [46:39] is [46:40] that we're having to [46:41] do this [46:42] because nobody else is [46:44] . [46:44] Flat out [46:46] , let's just be honest [46:46] , [46:47] that's what's happening here [46:48] is [46:49] that pretty much this is the [46:49] wild wild [46:50] west and folks don't [46:51] want to step [46:52] in [46:52] . They don't [46:53] want to have to make [46:55] decisions [46:55] and [46:55] so [46:56] consequently [46:57] citizens, [46:57] you know [47:00] , suffer [47:00] privacy [47:01] suffers [47:01] . I [47:02] , I [47:02] , I understand and [47:02] I hear what you [47:04] said about [47:04] um [47:05] Chachi bt [47:06] and um, oh, you know, [47:07] anything generated of ai [47:08] . And [47:09] it's a reality that folks are [47:11] using them right there as well, [47:11] but the reality of the [47:13] fact is, [47:13] is that [47:14] . This council [47:15] is [47:15] stepping up in a way to [47:16] actually go ahead and help [47:18] address it and deal with these [47:18] issues. Yeah, i [47:20] think [47:20] think [47:21] just to talk a little bit [47:21] about [47:22] that, I think one of the, one [47:22] of [47:24] my overarching goals with [47:25] this was to [47:25] create [47:26] a framework [47:27] so that we don't end up like [47:27] what a [47:28] lot of [47:29] other cities are [47:29] doing where they've got an [47:30] alpr [47:31] policy. They've got [47:31] a [47:32] generative [47:33] ai [47:33] policy. They've [47:34] got a drone [47:34] policy, right [47:35] , and [47:36] all of these things [47:37] , um, and so [47:38] I, I think that the hope of [47:38] having [47:40] a framework versus a [47:40] very specific [47:42] Piece by piece [47:42] , [47:43] you [47:44] know [47:45] , definition of these [47:47] things is that's really the [47:47] intent, right, is to get [47:48] something that [47:49] can [47:49] be durable [47:49] and last [47:51] . We MAY not know what [47:52] the technology is that's going [47:52] to need to [47:53] be governed 3 years [47:54] from now, but we should be able [47:56] to speak [47:56] to and staff should be [47:57] able [47:58] to understand the [47:59] expectations and the guardrails [48:00] of counsel from a [48:01] policy [48:01] perspective in [48:03] terms of not [48:03] what a company is marketing [48:05] a [48:05] product or a functionality as, [48:06] but [48:07] it's [48:07] actual usage and how [48:07] it gets [48:08] applied in the [48:09] real [48:10] world, um, so I just wanted to [48:10] add that in because I think [48:12] We're absolutely in alignment [48:12] on [48:14] that. And to [48:14] that point, [48:15] that's [48:16] one of the reasons why [48:16] if you look at my document, for [48:17] example, if you look [48:18] at [48:18] Section [48:19] 2, the definition, you see [48:20] , you [48:21] see me specifically denote [48:22] the [48:23] difference between [48:23] ai systems [48:24] and [48:25] generative ai because those [48:26] two things [48:27] aren't necessarily [48:28] the same, and [48:28] you see [48:29] what [48:30] I [48:30] articulated regarding [48:31] what [48:32] covered systems are. That [48:32] means [48:33] that works [48:34] for that as [48:34] well [48:35] , um [48:35] some of [48:36] the things [48:37] , uh, for [48:37] example [48:39] , consequential decision [48:39] making [48:41] . Some verbiage over [48:41] there as well [48:43] , I [48:43] added [48:44] meaningful human reviews. These [48:45] are things [48:46] that I've looked [48:47] at [48:48] regarding what I'm advising our [48:48] clients [48:50] are, so in the private, [48:50] I mean, David, I'm sure you're [48:51] doing the [48:52] same thing, you know, [48:53] your clients, hey [48:54] , listen, [48:54] these are things that you want [48:55] in your policies to work [48:56] for [48:57] that. The [48:57] question becomes [48:57] ultimately [48:58] is [48:59] that [48:59] what's [48:59] adaptable and this is why we [49:00] have [49:00] a [49:01] great attorney like Mike [49:02] who can tell us, ok [49:03] , what [49:03] , and [49:03] James is our [49:04] city manager [49:05] . What [49:06] makes sense [49:06] ? What's [49:08] adaptable [49:08] for a public [49:09] entity as opposed [49:09] to a private entity [49:10] . Right [49:11] there as well [49:12] , but I think that [49:12] having [49:13] that flexibility as [49:13] you're talking about [49:14] that [49:15] malleability to work to make [49:16] sure that we have [49:17] a system in [49:17] place that works, that's [49:19] great [49:19] . [49:20] My biggest concern [49:21] . Has [49:21] been [49:22] and continues to be that [49:24] . Not [49:24] only what [49:26] Jonathan said about [49:27] what folks, the [49:28] nice [49:28] shiny new [49:30] car or whatever the heck folks [49:31] are advertising for folks [49:32] to [49:33] grab in from that, but [49:33] the [49:33] reality of the [49:35] situation is [49:35] that how do we go ahead [49:37] and [49:37] address this in an [49:39] area where [49:40] no one's really addressing it. [49:40] Like [49:41] it's just so [49:42] , so [49:42] ultimately we come up [49:43] with a [49:44] policy and some ideas right [49:44] there [49:46] . Someone thinks they have [49:47] a great on deer on it [49:48] , and then [49:49] we, how many times have we sat [49:49] on this dice over [49:50] the years [49:51] where you have something from [49:53] the legislature or from the [49:53] federal government that [49:55] has [49:55] serious [49:56] unintended consequences [49:56] in what they're [49:57] doing from [49:58] there as well [49:59] , so we [49:59] know [50:00] enough for what [50:01] we deal with [50:02] our cities and how they adapt [50:03] that and move [50:04] that forward. I [50:05] do want to say [50:05] that one of the [50:06] things I want to pray, I want [50:07] to appreciate Mike [50:08] for is that [50:09] I did look at the city [50:09] of [50:09] Arlington [50:11] , and I thought that [50:11] was [50:11] a [50:13] very interesting policy [50:14] and how they deal with some [50:14] things, so I try to adapt some [50:15] of those aspects to it [50:15] . There. [50:16] Do you have a red [50:18] line version [50:18] ? [50:18] I do [50:20] . And what I can [50:21] do is [50:22] , is [50:23] send the red line [50:24] version. Yeah [50:24] I [50:24] think [50:25] that just [50:26] skimming [50:26] over [50:27] it [50:28] , um, what's actually [50:29] kind [50:29] of [50:29] funny is [50:31] that uh probably about [50:32] a month ago when our [50:33] city [50:34] attorney and city manager and I [50:34] started working on [50:35] the draft [50:36] that I sent [50:36] over [50:38] . I think mine [50:38] was 19 or 20 [50:40] pages long. Uh, [50:41] and over the course of the [50:42] last [50:43] 30 days or so as we've been [50:44] talking [50:45] about enforceability [50:45] and how to [50:47] actually [50:47] operationalize a policy like [50:49] this, was able to sort of [50:50] Simplify it [50:51] and trim it [50:51] down [50:51] , [50:52] mostly by things [50:53] that you are [50:54] added into yours, so I don't [50:55] , [50:56] so I don't disagree, but [50:57] there's a balance there that I [50:57] think we're going [50:58] to have [50:58] to [50:58] strike of [51:00] . Having everything [51:01] truly defined out to the letter [51:02] which I love [51:03] and appreciate [51:04] , [51:05] but I've also had the [51:06] conversations [51:07] around how do we [51:08] get [51:09] this entire [51:10] organism [51:12] , um, [51:12] to understand [51:13] and [51:14] fully gra, [51:14] you know, what is [51:16] , what's [51:17] expected. So one of the things [51:17] you'll notice [51:18] in here is [51:18] that [51:19] it's [51:20] , it's [51:21] less prescriptive [51:23] , [51:23] um, regarding the flexibility [51:24] for [51:25] city manager and [51:25] city [51:25] staff [51:26] because [51:27] one of the things is [51:28] that I don't want to be too [51:28] prescriptive on what you're [51:29] actually going and working for [51:30] . [51:30] But anything that's [51:31] actually, [51:32] you know, you know [51:32] , citizen [51:34] facing citizen data, I mean, [51:35] that's [51:37] . That's a lie and that's [51:37] a wall [51:39] . And so what do we do [51:39] ? [51:39] What procedures, what other [51:40] aspects do [51:41] we put in that? So [51:41] Rudy, is there anything, I mean [51:42] I [51:43] , I really [51:44] , um, agree [51:45] with [51:45] COUNCILMAN Kaufman's assertion [51:46] that, you know, he's [51:48] consolidated it quite a bit and [51:49] I know, you know, I appreciate [51:49] all [51:50] the work you did [51:50] . Is there [51:51] anything in [51:52] your version that [51:53] you really [51:54] feel it needs to be [51:55] in Jonathan's version, so [51:57] . It [52:03] a [52:03] lot [52:06] attorney wording [52:06] hyphens [52:06] and [52:08] everything else, so [52:08] vendor, [52:09] vendor [52:10] data [52:10] use, right [52:10] ? Like [52:11] what do we [52:12] have specifically on [52:13] there for any vendors that [52:14] we [52:15] got [52:15] Agenic ai [52:17] , um, what can it [52:17] be used to send or go in and [52:18] contact [52:19] information. What [52:20] generate ii be [52:21] utilized [52:22] for [52:22] employees [52:24] , um, but are those [52:24] things that we really need now, [52:25] or [52:26] are they things that we [52:27] could add as we're [52:28] moving [52:28] forward in this. It's a work [52:29] in [52:29] progress [52:31] . I would say that [52:31] these are things that if I [52:32] , [52:33] well, I mean, I think you know [52:33] me well enough and I've been [52:34] doing [52:35] this long enough where [52:35] it's, it's um [52:37] Everything that [52:38] I've [52:39] been advised this is [52:40] probably going about 3, and [52:40] this has [52:42] been an issue for [52:42] about [52:42] 3.5 years [52:44] and actually I [52:45] want to give credit. She's not [52:46] here [52:48] Mimi Stiles [52:49] years ago [52:50] , um, [52:51] we had [52:51] a [52:51] conversation and [52:52] we [52:53] started talking about it and [52:53] let me tell you what the [52:54] impetus for [52:55] me [52:55] was [52:55] , was that I, [52:56] I know all too [52:57] well in the [52:58] legal profession that [53:00] cross-racial identification is [53:00] a real issue. That is [53:01] a [53:02] significant issue that happens [53:03] across the border and a [53:04] variety [53:05] of different aspects. When I [53:05] started [53:06] to realize kind of what [53:07] Les said [53:07] is [53:08] um regarding the [53:09] fact that [53:11] we're [53:11] training ai [53:12] models and ai systems [53:13] . On [53:14] flawed data [53:15] . And if we're [53:16] having the flaws in those days [53:16] in [53:18] the specific data itself, [53:19] then what we're inputting, what [53:20] are you garbage in [53:21] garbage out [53:22] . [53:22] So over the last, I mean, what [53:23] you're gonna [53:24] see, Caesar, is [53:25] that this is developed over [53:27] 3 [53:27] , [53:28] what is it [53:29] ? 2026 [53:31] , 3.5 years. [53:32] This is, this is me [53:33] working [53:34] through with [53:34] clients going [53:36] through information CLEs, [53:36] everything else. These are [53:38] things I'm saying, ok, this is [53:38] what I [53:39] think needs to [53:40] be to [53:41] rock bed in here with that. I, [53:41] I [53:43] , I mean, what I'd like to do [53:43] is that, if possible, is [53:44] to go [53:45] back [53:45] with Jonathan and go back [53:47] with David and [53:47] have a [53:48] conversation about that, but [53:48] we've [53:49] got [53:49] to decide that as a [53:50] council because [53:51] . We [53:52] don't have [53:52] a subcommittee on this. Right [53:54] . [53:54] Well, let me [53:56] say, first of all, [53:56] I want to [53:58] Jonathan for doing [53:59] the heavy lifting on this [54:01] . And [54:01] the [54:03] first draft is always the [54:03] hardest draft [54:05] , and [54:06] , and he, he, [54:06] he put [54:07] a lot [54:08] out [54:08] there. One [54:09] of [54:10] the things that I looked [54:13] for [54:13] specifically [54:13] in [54:13] your version, [54:13] Rudy [54:14] , because Jonathan and i [54:15] had talked [54:16] about it [54:16] as [54:17] something that [54:19] is [54:19] actually [54:20] missing, uh, and that we think [54:20] needed [54:21] to [54:22] be added was [54:23] an [54:23] audit [54:24] feature. I know you have [54:25] one [54:25] paragraph where you speak to [54:26] audits, but I [54:28] think we might [54:28] want to [54:29] strengthen that, um [54:30] . [54:30] And uh I think [54:32] you're right [54:32] there, there are [54:34] a [54:34] few [54:35] areas [54:35] where [54:37] where Jonathan and I want [54:37] to make [54:39] , I think we've agreed [54:39] on [54:39] some [54:41] additional edits some [54:42] that were, you know [54:43] , not [54:43] , not [54:44] 100% [54:45] . On [54:46] board with and we [54:46] want [54:46] to talk [54:48] about those, I [54:48] think in [54:48] in some detail [54:50] . Um [54:50] , But [54:51] I [54:52] , I, I [54:53] hear where [54:53] Councilmaniz is [54:55] coming from, you know, let's [54:56] , [54:57] let's [54:57] get [54:58] something in place [54:58] , [54:59] and then we [54:59] can, we can tweak [55:00] it later [55:02] . And the one [55:03] of the [55:04] questions I [55:04] have [55:05] , um, and I [55:06] , [55:06] and this counsel to be question [55:07] for [55:08] the [55:08] whole council is [55:08] , do [55:09] we [55:09] want [55:10] to [55:11] wait to pass [55:12] something [55:12] until [55:13] we [55:13] have [55:13] a [55:14] strong audit [55:15] provision [55:17] . Or do [55:17] we [55:19] want [55:19] to [55:20] pass something and [55:21] come [55:21] back [55:22] and do an [55:24] audit provision as a [55:24] as an [55:26] add-on later [55:26] , and I'm, [55:27] I'm agnostic [55:28] about [55:28] that. Uh, I [55:29] think we can do it. We can do [55:30] it [55:31] either way [55:32] , um, but [55:33] i think [55:33] that the [55:35] , the auditing of the [55:35] system [55:37] . One of the [55:38] Things that [55:39] has [55:42] but recently [55:42] , is that [55:43] a [55:44] very [55:44] Um [55:49] , I'm searching for [55:49] an [55:49] adjective, and [55:50] I'm coming up [55:51] short. Let's just [55:53] say it [55:53] , an [55:53] audit [55:55] , uh, can reveal [55:56] . Uh [55:58] The [56:01] Substantial problems [56:02] with [56:02] these [56:04] technologies and I think we [56:05] need to make sure that we have [56:07] a system in place [56:08] . Um [56:09] , regular [56:11] , [56:11] uh, perhaps outside as well as [56:12] inside to [56:13] make [56:13] sure that [56:14] we [56:14] don't, we don't MISS [56:15] These [56:16] things because Uh [56:17] , you know [56:18] , um [56:18] it's new to all of us [56:20] . Um [56:20] , even [56:21] the [56:22] people who are [56:22] doing it [56:23] don't really understand what [56:24] it [56:24] does [56:25] . Um [56:27] , and at least on the [56:27] bleeding edge [56:29] of it [56:29] , um, and [56:31] , [56:31] uh, you know, we need [56:32] to make [56:32] sure that the [56:34] Um [56:34] , we [56:36] have not [56:36] that we have a [56:38] performance [56:39] audit of what it, what [56:39] it does [56:40] , [56:40] and we need to [56:43] We would need to [56:45] use the technology, but we need [56:46] to make sure that [56:47] technology [56:48] doesn't trip us up [56:49] . So, yeah [56:49] , [56:50] to your point [56:50] , and you just [56:51] said it [56:52] yourself. If you look [56:52] at page 9, there's [56:53] a reason why [56:54] I put so [56:54] much [56:56] regarding vendor [56:56] data use [56:57] . Because I think one [56:58] of the concerns, one of the [56:59] issues is that [57:01] the totality of [57:01] what's being [57:01] utilized [57:03] , no [57:03] outside party receives an [57:04] independent right to [57:05] train [57:05] or [57:06] improve the [57:07] model developed on [57:08] unrelated product types, etc [57:09] . [57:10] Right there as well. You see [57:10] that list and talks about [57:12] the [57:12] specific contracts [57:14] the the [57:14] vendor disclosements [57:16] , the [57:17] non-compliance, which I think [57:17] is a key portion to that [57:18] and [57:19] working for there. You [57:19] also [57:19] feed [57:20] right [57:21] into [57:21] required vendor [57:23] contractual obligations [57:25] . [57:26] Pre-existing ip ai output [57:26] ownership, third party infringe [57:28] city [57:30] funded [57:30] deliverables, [57:30] liability [57:32] and [57:32] insurance. Um, [57:33] those are [57:34] things [57:35] that literally [57:35] there weren't, they weren't in [57:37] the previous copy and like I [57:38] said, Jonathan's saying [57:39] that [57:40] were in some iteration, and [57:40] that's why I'm [57:42] . Go back for [57:43] , [57:44] but I, I mean, you're a lawyer. [57:44] You don't [57:46] , you don't just, you [57:46] know, you bet, you know, we [57:47] don't, we don't [57:48] tell clients to [57:49] just pass something to go ahead [57:50] and in the subset, it's like do [57:51] the best you can right [57:52] now from [57:53] the onset and then go from [57:53] there as well. Well [57:55] , I [57:55] , um, I [57:55] guess [57:57] . It [57:57] would be how [57:57] much [57:58] time are we [58:00] saying would [58:00] be [58:01] between versions. If [58:01] we're [58:02] saying, ok [58:02] , let's [58:02] wait [58:03] 2 [58:04] weeks [58:04] until we can get something [58:06] that [58:07] is more substantial and covers [58:09] everything versus, ok, well, we [58:09] need to do something [58:10] that's [58:11] gonna take a year to, to do [58:11] that. I, I [58:12] , I'd rather wait the [58:13] two weeks and get it done [58:15] first [58:15] and you know, and then [58:18] reevaluate it in a year rather [58:18] than [58:19] I have college football [58:20] this weekend [58:22] um, otherwise I [58:23] don't see why we [58:24] can't be done [58:26] . [58:27] Otherwise, I mean, I don't see [58:27] why this can't get [58:28] done [58:29] seriously over the weekend. So [58:29] the other thing that [58:30] needs to, [58:31] that needs to be done [58:32] is the um [58:33] is [58:33] the ordinance for [58:35] a [58:35] resident [58:36] advisory committee as well, [58:37] which is not included [58:37] , I think [58:38] in either one of these, but [58:38] we've [58:39] talked about and we've [58:40] talked about it and we've [58:40] agreed to it [58:42] , so everyone on [58:43] the council were all on the [58:45] same page, and I, and I bring [58:45] that [58:46] up partially because I [58:47] don't this topic isn't [58:48] going [58:49] away and we know we have to do [58:50] the work on that piece of [58:51] it [58:51] as [58:51] well, and [58:52] so, you know, while [58:53] I [58:54] think it's important that we [58:55] get something [58:56] in place rather [58:56] quickly [58:57] because we're already [58:58] tripping over ourselves in some [58:59] of this stuff [59:00] , um [59:01] . You know [59:02] , [59:02] I'm [59:03] , I'm open to waiting [59:04] , but [59:05] to Melody's point, I think we'd [59:07] need to figure it out pretty [59:07] quick [59:09] , especially because our [59:10] city attorney and city manager [59:11] are gonna have to get [59:12] comfortable with a whole [59:13] new [59:14] version again real quick, which [59:14] is going to take time [59:16] . For them [59:18] beyond just [59:18] our [59:18] counsel's input [59:19] So I [59:20] want to be mindful of that [59:21] as [59:21] well. Um [59:22] , so [59:23] I would, I [59:23] wouldn't say I [59:25] disagree with us [59:25] tripping over ourselves over [59:27] this. I do agree that we do [59:27] need to [59:29] , uh, I, I think [59:30] honestly, I think 2 [59:31] weeks is [59:32] way too long. Like I said, I [59:33] think this is something that we [59:33] can [59:33] go [59:34] ahead and, I mean [59:34] , you [59:35] you've, you [59:36] do this for a [59:36] living, we're, we should be [59:37] able to go ahead and [59:38] get this [59:39] done and knocked out [59:40] . We can't [59:41] get it approved until the next [59:43] meeting. Well, I, I want to be, [59:44] I wanna be clear with that [59:44] . We, [59:45] we want to get it [59:47] . Drafted, but [59:47] we need [59:48] the professional review [59:49] of [59:50] our attorney and our [59:51] city [59:52] manager to ensure that what any [59:54] changes are [59:54] in [59:56] fact [59:56] implementable, um. Because I [59:57] don't [59:59] want us to go say, hey, [59:59] these are all the things we [1:00:00] want to do [1:00:01] , and then we look at [1:00:01] it and we're like, well, that [1:00:02] doesn't make [1:00:03] any sense in our, [1:00:03] in our use case [1:00:05] , right [1:00:05] ? That [1:00:05] uh [1:00:06] that's something that [1:00:07] would [1:00:08] require 3 new headcounts that [1:00:08] aren't in the budget [1:00:09] , right? So [1:00:10] I want to make sure that [1:00:12] . Not [1:00:12] only are we getting [1:00:12] if we [1:00:14] , if [1:00:14] we are getting [1:00:15] it updated, that [1:00:16] we're getting [1:00:16] a [1:00:17] reviewed and [1:00:17] solid [1:00:18] and that I [1:00:19] . That [1:00:19] feels [1:00:19] like it's [1:00:21] gonna take more than [1:00:22] 2 weeks to me. So if we do it [1:00:24] this weekend, Mike, how long [1:00:24] would it take for us to be able [1:00:26] to go ahead and send it to you [1:00:28] on Monday. Can I, can I jump in [1:00:31] ? How much free time do you [1:00:31] have [1:00:32] in [1:00:33] your schedule to review [1:00:35] another version [1:00:35] ? Sorry [1:00:36] , that's [1:00:37] uh let let's [1:00:37] James uh jump in [1:00:38] real [1:00:39] quick. So this is [1:00:40] I've [1:00:40] spent [1:00:41] so much time on this [1:00:42] document, like over [1:00:43] the last 6 [1:00:44] weeks, there's been [1:00:45] , I don't [1:00:46] know how many emails we've gone [1:00:46] back and [1:00:48] forth [1:00:48] , um i [1:00:48] feel like [1:00:49] we've [1:00:51] gotten it to a place [1:00:51] where I know that I can deliver [1:00:52] on it [1:00:53] . And [1:00:53] that took a [1:00:54] lot [1:00:55] of [1:00:56] time, a lot of time. I think [1:00:57] it's good. I think [1:00:58] . I think [1:00:59] it'd be easy [1:01:00] to adopt this [1:01:01] and [1:01:02] then also provide direction [1:01:02] that I add a [1:01:04] provision about an [1:01:05] audit section. I can [1:01:06] continue [1:01:06] to work [1:01:07] with whomever to add [1:01:08] that in there, but I know I can [1:01:09] deliver on [1:01:10] the policy as the [1:01:11] way that it stands, and it took [1:01:12] a lot of time to get there [1:01:14] . [1:01:15] What all that [1:01:15] . Well [1:01:16] , I do want [1:01:18] to a provision and I would like [1:01:20] Time to, I [1:01:22] , I don't know if [1:01:22] this [1:01:22] was [1:01:22] delivered [1:01:23] electronically and [1:01:24] I missed [1:01:24] it [1:01:25] or the first time, this [1:01:26] , yeah, [1:01:26] this is the first [1:01:27] , this was [1:01:27] sent [1:01:29] to them. I always get, you [1:01:29] know, I don't want to [1:01:30] send [1:01:31] anything to y'all in [1:01:31] general [1:01:33] , [1:01:33] ok, I mean [1:01:33] , I [1:01:34] , I [1:01:35] , um, some of [1:01:36] the things you pointed out [1:01:37] , I [1:01:38] think are important, I [1:01:39] guess [1:01:40] , [1:01:40] if they [1:01:40] were in a [1:01:42] draft before [1:01:42] and taken out, then that's one [1:01:43] thing that [1:01:44] they were never in [1:01:45] the draft originally, you know [1:01:46] , [1:01:47] like, uh, you know, like I [1:01:47] think [1:01:49] . Someone who wants to [1:01:50] look [1:01:51] at [1:01:51] it [1:01:51] and [1:01:51] have input or [1:01:53] or [1:01:53] whatever, um, you know, can [1:01:54] have time to [1:01:55] do [1:01:56] so. I mean, [1:01:56] we'll have to use [1:01:58] some ai to [1:01:58] look at the [1:02:00] different versions. [1:02:00] He says he's got a [1:02:02] red light [1:02:02] you got a red [1:02:05] line already, it [1:02:05] already did that. So I [1:02:06] , I mean, [1:02:07] I don't know, but I mean like [1:02:07] some of [1:02:09] the things I, I think [1:02:10] are critical, you know [1:02:11] , and if [1:02:12] James thinks [1:02:12] . I [1:02:12] just don't [1:02:13] know [1:02:14] what else besides [1:02:14] the [1:02:15] audit, [1:02:16] you know, that, I mean [1:02:16] , [1:02:17] obviously Rudy [1:02:18] , you felt like a [1:02:18] number of these things were [1:02:19] critical [1:02:20] to go [1:02:20] ahead and data, [1:02:21] data privacy [1:02:22] and governance. I [1:02:23] mean, for [1:02:23] example, I think I [1:02:25] think that's addressed in here. [1:02:26] So part of this, one of the [1:02:27] deliverables [1:02:27] is that I'll work [1:02:28] with Mike [1:02:29] and we'll put [1:02:30] together some sort of a [1:02:31] a rider [1:02:32] that goes on top of. So when [1:02:33] these contracts come up [1:02:34] for [1:02:34] renewal, whether they're low [1:02:35] , [1:02:36] moderate, or high risk [1:02:36] , we [1:02:37] will [1:02:38] apply that to that [1:02:39] . And if it's [1:02:39] I [1:02:41] think it's if [1:02:41] it's moderate [1:02:42] or high risk [1:02:42] . And [1:02:43] they don't [1:02:43] accept it, then I would bring [1:02:45] it for discussion at high risk, [1:02:46] high risk [1:02:47] for sure only comes [1:02:48] to counsel moderate, though, [1:02:48] what we [1:02:49] , what [1:02:50] we decided on [1:02:50] was [1:02:50] basically at the [1:02:52] city [1:02:52] attorney's [1:02:53] discretion [1:02:54] that what [1:02:54] the vendor has [1:02:55] proposed [1:02:56] is [1:02:56] materially [1:02:57] . That's the same [1:02:58] or [1:02:58] covers the [1:02:59] same risks. I think, [1:02:59] I think the other [1:03:01] thing too is [1:03:01] like we could go back [1:03:03] and add [1:03:03] an audit thing. Personally, I [1:03:04] don't need [1:03:05] a [1:03:06] policy to [1:03:06] have [1:03:07] direction to do [1:03:07] an audit, right [1:03:08] ? If I, if I'm [1:03:09] I'm looking [1:03:10] around and if I see 4 that say [1:03:11] I want to do, honestly [1:03:12] , I'm [1:03:12] gonna do it [1:03:12] anyways after [1:03:13] recent [1:03:14] events [1:03:15] , um, particularly [1:03:15] with our high use one [1:03:16] . I'm [1:03:17] gonna do that anyway, so you'll [1:03:17] need to direct me to do that. [1:03:18] I'm just gonna [1:03:19] do [1:03:19] it [1:03:19] . Um [1:03:19] , so I [1:03:20] think I'm [1:03:21] very comfortable with [1:03:22] the way the policy [1:03:23] reads right [1:03:24] now. I know I can deliver on it [1:03:24] and I will [1:03:26] most certainly make [1:03:26] sure to do audits [1:03:28] . On our high [1:03:28] risk stuff. I think it does [1:03:29] make sense [1:03:30] to memorialize some [1:03:31] of those things. I [1:03:32] do have one [1:03:33] question. I'm not sure if [1:03:33] this [1:03:34] is attorneys [1:03:35] being [1:03:35] attorneys [1:03:36] , [1:03:37] but, uh, top of page [1:03:37] 5 on, on [1:03:39] , [1:03:40] uh, the [1:03:41] , the [1:03:42] draft watermarked [1:03:44] version, existing contracts [1:03:44] shall be brought into [1:03:44] conformity at [1:03:46] renewal extension [1:03:46] material change [1:03:46] , or [1:03:48] the [1:03:48] earliest [1:03:49] lawful opportunity [1:03:50] . I [1:03:50] don't know if [1:03:51] earliest lawful [1:03:51] opportunity [1:03:52] is [1:03:53] there intended [1:03:54] to mean [1:03:55] before those things or [1:03:56] after those things because it's [1:03:57] Seems like [1:03:57] those [1:03:58] things [1:03:59] renewal [1:04:00] extension, material change [1:04:01] should [1:04:02] all [1:04:02] be [1:04:02] appropriate times [1:04:04] to make changes. I, I [1:04:04] can't [1:04:05] imagine any other [1:04:07] . Scenario, so [1:04:07] I'm [1:04:08] trying to understand if [1:04:09] that's an earlier or [1:04:10] a later, [1:04:11] you know, because I don't wanna [1:04:12] I don't wanna say [1:04:13] , oh well, the [1:04:13] renewal is not for 5 years [1:04:15] , but [1:04:15] there's [1:04:16] a [1:04:17] lawful [1:04:18] opportunity [1:04:18] tomorrow so let's do it [1:04:19] right [1:04:20] after it then, and then what's [1:04:22] a lawful attorney and I mean [1:04:22] there's a couple of those [1:04:23] things [1:04:24] that's [1:04:24] what that's the [1:04:25] only one that really [1:04:26] struck [1:04:26] stuck out to me, and I don't [1:04:27] know if [1:04:29] . Yeah, I thought that [1:04:29] too. I [1:04:29] was like ok [1:04:31] , but [1:04:31] , but I [1:04:31] , [1:04:32] I do wanna are [1:04:33] we waiting [1:04:33] 5 [1:04:34] years? Yeah [1:04:35] . I mean [1:04:36] , and and [1:04:36] what lawful, you know [1:04:37] , it's [1:04:38] . [1:04:38] It's [1:04:40] Those are the [1:04:42] things that [1:04:42] they have the little things I [1:04:43] didn't mention there's [1:04:44] things [1:04:45] that can be cleaned up [1:04:46] , but [1:04:47] , um [1:04:47] I'm really concerned about some [1:04:48] of [1:04:49] the [1:04:49] privacy and some [1:04:51] of [1:04:51] the [1:04:52] um vendor use and not [1:04:53] being [1:04:54] prescriptive with that because [1:04:56] of what I've seen in [1:04:56] my own [1:04:57] client's lawsuits [1:04:58] . Like [1:04:58] it's [1:04:59] the [1:05:00] uh like there's nothing in [1:05:01] here. Let's put it this way. [1:05:01] Like I said [1:05:02] , I've [1:05:02] had 3.5 [1:05:02] years [1:05:03] to develop [1:05:05] this. Nothing is in [1:05:05] here that I haven't [1:05:07] had [1:05:07] experience somewhere down the [1:05:08] line [1:05:09] , sure. So you think you [1:05:10] can do it in 2 weeks [1:05:11] ? Bring it [1:05:12] back in 2 weeks I think I can [1:05:12] do it, so I'm [1:05:16] . Oh, I'm, I'm [1:05:17] gonna, I'm [1:05:18] gonna ask, well, [1:05:18] first of all, Jonathan, I know [1:05:19] you put a lot [1:05:21] of time and [1:05:21] effort [1:05:22] in [1:05:23] with [1:05:23] city [1:05:23] staff [1:05:24] . I [1:05:25] would ask that we expend no [1:05:27] more than [1:05:27] 4 [1:05:28] additional staff [1:05:29] hours on [1:05:30] it [1:05:30] , so if [1:05:31] we can [1:05:32] get a [1:05:32] i think [1:05:34] , I [1:05:34] think that that'd be [1:05:35] that'd be my [1:05:36] limiting factor [1:05:37] for y'all coming together and [1:05:38] meeting and knocking it out and [1:05:39] whatever you got at the [1:05:40] end is [1:05:41] done because you know, I'm a [1:05:41] big fan of [1:05:43] at [1:05:44] 95% solution that [1:05:44] we [1:05:45] . Can [1:05:46] actually implement [1:05:47] and [1:05:48] has buy-in is a whole lot [1:05:50] better than 100% solution that [1:05:50] no one wants [1:05:52] to do, I think I [1:05:52] can, I [1:05:53] think that [1:05:54] . I could [1:05:55] mitigate [1:05:56] . Pretty substantial [1:05:57] amount of time because I know [1:05:57] how these [1:05:59] guys are thinking [1:06:00] about it, but that's not [1:06:01] going [1:06:01] to [1:06:01] reduce their [1:06:03] time [1:06:03] to it's [1:06:04] it's aggressive for them [1:06:05] to [1:06:06] like really dig into it and [1:06:08] understand it [1:06:09] . It's I don't [1:06:09] know what [1:06:10] a reasonable amount [1:06:10] of [1:06:11] in [1:06:12] their opinion [1:06:12] , but [1:06:12] I do [1:06:13] think some of [1:06:14] it [1:06:14] is you had to [1:06:15] estimate how many hours [1:06:16] you [1:06:17] spent on this already [1:06:19] ? What [1:06:21] . [1:06:21] Sorry, I'm [1:06:22] , I'm [1:06:23] 60. I've been [1:06:24] in consulting, so I [1:06:26] , I mean [1:06:26] that [1:06:28] it's probably been, I've [1:06:28] probably sat down, you know, [1:06:29] less [1:06:30] than 10 times and spent a [1:06:31] couple of hours on it. Ok [1:06:32] . Oh [1:06:33] . [1:06:33] Yeah, we're [1:06:37] We're, we're at a [1:06:39] substantial amount [1:06:40] of [1:06:40] staff [1:06:40] investment already [1:06:41] . Mike, I [1:06:42] assume you're probably in that [1:06:42] range as well [1:06:43] . I [1:06:46] So I, that was [1:06:46] a, that was a yes [1:06:47] . Yes [1:06:48] . I'm [1:06:48] sorry. Yes, sir. Yeah [1:06:50] . Just, [1:06:50] just [1:06:51] . For [1:06:54] the city for the [1:06:54] court for the [1:06:55] court reporter [1:06:57] . [1:06:58] So I really don't want [1:06:59] us to, [1:07:00] to take a [1:07:00] huge step back [1:07:01] and [1:07:02] then [1:07:03] uh our staff has a [1:07:03] lot of [1:07:04] work to get done. We've got a [1:07:05] lot of [1:07:06] demands on, on their [1:07:07] time. I [1:07:07] don't think anything [1:07:08] in [1:07:09] here undercuts what it is [1:07:10] . I [1:07:11] think what it is is buttresses [1:07:11] or [1:07:13] ads weren't concrete [1:07:13] enforcement on some of these [1:07:14] things, but, and I [1:07:15] think that's [1:07:16] the key is that, and then like [1:07:17] some parts that, like I said [1:07:18] that [1:07:20] . I [1:07:20] , I'm telling [1:07:22] y'all [1:07:22] this [1:07:22] like I [1:07:24] . Causes [1:07:24] me heartache [1:07:25] like the suspension [1:07:26] and [1:07:27] termination clause in there. I [1:07:27] mean, these are [1:07:29] things where [1:07:30] Mhm [1:07:31] . I've seen [1:07:33] bad stuff we [1:07:34] also have our [1:07:36] contract isn't [1:07:36] written well [1:07:37] to [1:07:38] cover you, then [1:07:39] well, yeah, and I mean [1:07:40] , but it [1:07:41] goes well, but is this [1:07:42] , is [1:07:42] this [1:07:43] a discussion, Rudy [1:07:44] , on, on [1:07:44] our [1:07:45] , [1:07:45] uh, standard template for [1:07:45] contracts [1:07:47] . Boy [1:07:49] , that because I [1:07:49] know we've got a standard [1:07:50] template for PSAs and [1:07:51] a [1:07:51] standard template for [1:07:52] construction, right? I don't [1:07:52] know, Mike [1:07:53] , whatever, what, [1:07:54] what other [1:07:55] templates we have [1:07:56] , [1:07:56] but uh it sounds [1:07:58] like, you know [1:07:58] a lot of what I see in there is [1:07:59] is [1:08:00] something that we MAY just [1:08:01] need to adopt as [1:08:02] a standard [1:08:04] I [1:08:05] mean, I [1:08:05] would hope some of it's [1:08:05] just [1:08:07] easy [1:08:07] to up and [1:08:09] lift [1:08:10] because um you know, just like [1:08:12] when we did, um [1:08:14] . We [1:08:14] changed [1:08:14] the [1:08:17] definition regarding act of [1:08:18] GOD [1:08:18] after the [1:08:19] pandemic, and that [1:08:19] was a huge [1:08:21] deal because we just [1:08:21] we need no one had defined [1:08:22] it [1:08:23] the way it should, and after [1:08:24] that we had [1:08:25] to [1:08:26] Following up [1:08:27] on [1:08:28] that same thread [1:08:30] . Is [1:08:30] there [1:08:30] anything that you [1:08:32] would say is [1:08:34] Like material to the policy [1:08:35] that [1:08:36] counsel would [1:08:36] . Adopt or [1:08:37] that [1:08:38] changes the [1:08:39] direction of [1:08:39] something that is in the [1:08:41] current agreement. And I ask [1:08:41] partially to [1:08:43] what the mayor was [1:08:43] saying is [1:08:45] If we're [1:08:45] , if [1:08:45] there's [1:08:46] a decent [1:08:47] number of [1:08:48] changes or [1:08:48] updates that we need to make to [1:08:50] various templates, documents [1:08:51] , [1:08:52] policies. We probably could [1:08:53] come back and either do a [1:08:54] separate resolution or just a [1:08:55] council directive [1:08:57] to implement [1:08:57] . [1:08:57] X, y [1:08:59] , and z changes to [1:08:59] the [1:08:59] contracts [1:09:01] outside of [1:09:01] passing [1:09:01] the [1:09:03] governance framework [1:09:05] today [1:09:06] potentially you make a great [1:09:06] point. Yeah, Rudy, are [1:09:07] your [1:09:08] changes, do you see them as [1:09:09] changing the vector or [1:09:10] just [1:09:10] changing the [1:09:12] uh uh the extent [1:09:13] is this, is it, is it [1:09:15] something [1:09:15] that you wanna [1:09:16] . You say, well, [1:09:16] it's not going the right [1:09:17] direction or it just needs to [1:09:18] go further [1:09:19] . I [1:09:19] think [1:09:20] there's a [1:09:21] it's both because you're [1:09:22] looking at things, for example [1:09:23] , [1:09:24] for what I said about gender of [1:09:24] ai, what that policy is [1:09:26] opposed [1:09:26] to agenic [1:09:28] ai [1:09:28] regarding specific [1:09:29] employees in the utilization [1:09:30] on [1:09:30] it [1:09:31] . I think the [1:09:31] vendor [1:09:32] data use [1:09:32] Like [1:09:33] Oh [1:09:37] . Trust me, I [1:09:38] yeah [1:09:39] , [1:09:39] right there as well, um [1:09:42] . [1:09:42] Required vendor congregation, [1:09:42] some [1:09:44] of these things that you [1:09:44] talked about, you asked about [1:09:45] whether or not some of [1:09:46] these [1:09:46] things can be up and lifted [1:09:48] , [1:09:48] but um [1:09:49] . I, I [1:09:51] Like I said [1:09:53] , I, I [1:09:53] would not be doing my job if I [1:09:54] didn't tell you like [1:09:55] . There's [1:09:56] nothing in here that I did not [1:09:58] think was important. Nothing in [1:09:59] here that [1:10:00] I thought um [1:10:02] . Wasn't [1:10:02] something from [1:10:04] the onset we [1:10:04] have on to set as a standard to [1:10:05] go ahead [1:10:06] and [1:10:06] platform moving [1:10:07] forward. I truly believe like [1:10:09] . [1:10:09] Yes, I think we can [1:10:11] , I think we [1:10:11] can sit down, knock this out. [1:10:12] We can [1:10:13] have something out on [1:10:14] Monday. I don't, I don't think [1:10:15] it should be like how [1:10:17] . Jonathan [1:10:18] put it, um, I don't know if [1:10:18] it's [1:10:20] a [1:10:20] Vulcan Maya mole [1:10:21] , but [1:10:22] um [1:10:23] I understanding how staff and [1:10:23] what [1:10:24] their thoughts are that as [1:10:25] well, but I think that we [1:10:26] can [1:10:27] , [1:10:27] this is not something that's [1:10:28] going to be [1:10:29] too significant for [1:10:29] that, particularly during a [1:10:31] budget season right now, which [1:10:32] I get [1:10:38] . What [1:10:38] was [1:10:39] it [1:10:41] everyone's [1:10:41] expectations that we're going [1:10:42] to see this for the [1:10:42] first time [1:10:42] and [1:10:44] . Approve it [1:10:47] . I'm seeing it [1:10:47] for the first time, so I can [1:10:48] say I didn't have [1:10:49] that [1:10:49] expectation [1:10:50] . I mean, like this [1:10:52] draft because it wasn't [1:10:53] , it [1:10:54] wasn't yeah, because it wasn't [1:10:54] included in [1:10:56] the agenda last [1:10:56] time and then when I [1:10:57] asked [1:10:57] about it [1:10:58] , there [1:10:58] , there was the, [1:10:59] the [1:11:00] desire to, the mayor did [1:11:01] put it on the regular [1:11:02] agenda as [1:11:03] well [1:11:05] , if we, and [1:11:05] this was this [1:11:06] time and [1:11:07] that was in the packet [1:11:07] yeah, yeah [1:11:09] , I'm. Yeah [1:11:09] , Rudy's [1:11:10] draft is brand new, but I'm [1:11:10] just [1:11:12] saying this two [1:11:12] weeks ago [1:11:12] I [1:11:13] didn't [1:11:14] see Jonathan's draft, [1:11:15] so this is new [1:11:16] in [1:11:16] the last few [1:11:17] days [1:11:17] . Yeah [1:11:18] , we're still working [1:11:19] on it two weeks ago, frankly. [1:11:19] Yeah [1:11:21] , that's, that's why that's [1:11:21] my, that's [1:11:21] but [1:11:23] it wasn't, but [1:11:23] it was in [1:11:25] the packet so it was [1:11:25] in the [1:11:26] was in the it was in the [1:11:28] was in the it was in the [1:11:28] council, it is on the regular [1:11:28] agenda [1:11:29] this evening [1:11:30] , um, it [1:11:30] sounds like we'll [1:11:31] have [1:11:32] some [1:11:32] time to marinate on [1:11:34] that over [1:11:34] the next little bit [1:11:36] , uh, and [1:11:37] I'm, I'm not sure I have [1:11:39] . Clear [1:11:39] consensus [1:11:40] yet but we'll see [1:11:41] what we get in the regular [1:11:42] agenda if we're [1:11:43] passing it [1:11:43] tonight we're [1:11:44] we're postponing [1:11:46] it to uh have some more folks [1:11:46] take a pass [1:11:47] at it. What were [1:11:48] you trying to say [1:11:50] ? Well, I [1:11:50] , I [1:11:52] , [1:11:52] it sounds, some of the [1:11:53] discussion sounds like [1:11:54] . It was [1:11:55] an expectation that we [1:11:56] were [1:11:57] going to read [1:11:59] this for this [1:11:59] , [1:11:59] this meeting and approve [1:12:01] it [1:12:01] tonight and not have any [1:12:02] changes, and I'm just wondering [1:12:03] if that's [1:12:03] a [1:12:05] realistic [1:12:06] expectation like I, I would [1:12:06] have [1:12:08] expected that we would [1:12:09] have conversations and [1:12:10] that we [1:12:11] would have something to [1:12:11] change [1:12:11] it [1:12:12] and [1:12:13] that it [1:12:13] would [1:12:14] possibly [1:12:15] make sense to bring back in 2 [1:12:15] weeks. So [1:12:17] coming back in 2 [1:12:17] weeks is not outside of [1:12:19] my [1:12:20] expectations of what we were [1:12:20] going [1:12:21] to [1:12:21] have and discussing a [1:12:22] policy, especially of this [1:12:23] magnitude [1:12:24] . Which we [1:12:25] have [1:12:26] been [1:12:26] discussing for months, right [1:12:29] ? [1:12:29] And so, um [1:12:30] . I [1:12:31] , I understand the [1:12:31] the [1:12:33] time that's been spent, and [1:12:34] I appreciate everyone's [1:12:35] time [1:12:35] and obviously we [1:12:37] wanna finish [1:12:37] it, put a bow on it and [1:12:38] be done [1:12:40] But I think if Rudy has [1:12:41] real [1:12:42] concerns, and I, you know, the [1:12:42] number of things [1:12:44] he's pointed [1:12:44] out, like I agree, you know, [1:12:45] these are [1:12:46] things that I've seen [1:12:47] in the business, you know, like [1:12:48] my clients too, that these [1:12:49] are [1:12:51] critical, um, and if they can [1:12:51] get [1:12:53] together and [1:12:53] , and [1:12:54] understand, you know, what [1:12:55] the [1:12:55] changes are, what's [1:12:56] been talked [1:12:58] about before and come back in [1:12:58] two weeks, then I think that's [1:12:59] the best thing [1:13:00] . To do [1:13:01] . Now did [1:13:02] you have [1:13:02] any [1:13:02] specific [1:13:03] recommendations [1:13:04] ? Me, no [1:13:05] , [1:13:05] because I [1:13:06] didn't, you know, I'm [1:13:07] like I'm reading this, I'm [1:13:08] like [1:13:09] everything sounds great, but [1:13:09] this is not my area of [1:13:10] expertise [1:13:11] , which is why [1:13:11] I'm [1:13:11] glad other people on council [1:13:12] have this [1:13:13] area [1:13:14] of expertise. [1:13:14] Absolutely [1:13:15] , absolutely [1:13:18] . I'm [1:13:18] I'm [1:13:19] fine with doing it either way [1:13:20] , [1:13:21] and we could, we could pass it [1:13:22] and then come back and [1:13:23] and [1:13:24] add [1:13:25] the items that Rudy thinks [1:13:25] are [1:13:27] essential later, or [1:13:27] we can [1:13:28] try [1:13:29] to tie it [1:13:29] all [1:13:31] up at [1:13:32] once. If [1:13:32] we're going to tie it all up [1:13:33] at [1:13:34] once, there's no way we can get [1:13:34] that done tonight [1:13:36] . Right? Yeah, [1:13:36] and I think that's what melt [1:13:37] and [1:13:38] I [1:13:38] think possibly [1:13:40] 4 [1:13:40] weeks [1:13:41] because the, you know, it [1:13:42] , it's [1:13:43] however long it's going to, [1:13:43] once [1:13:45] , once [1:13:45] the [1:13:45] council people [1:13:46] agree [1:13:47] then [1:13:47] it's however long [1:13:47] it [1:13:48] takes [1:13:49] , uh, for the city manager [1:13:50] and the city [1:13:51] attorney to review [1:13:52] it and you know, as you pointed [1:13:52] out [1:13:53] , Mr [1:13:54] . Mayor, they have, they [1:13:54] have [1:13:55] a [1:13:56] full [1:13:57] schedule so it is [1:13:58] , [1:13:59] and, and I apologize. I had the [1:14:01] same perspective as Melody. I [1:14:01] thought we [1:14:03] were just, I thought [1:14:04] we were going to discuss what [1:14:05] was presented tonight for [1:14:06] Jonathan. Right there as well, [1:14:06] so [1:14:07] I [1:14:08] didn't, sorry y'all. No, [1:14:08] we're [1:14:10] , we're discussing, we're [1:14:10] discussing, uh, you're like, [1:14:11] what [1:14:12] is the [1:14:12] deadline that I [1:14:13] have to have a draft or [1:14:13] something, and [1:14:14] that's what [1:14:15] we'll get it. I guess I [1:14:16] , I [1:14:17] haven't heard much more of [1:14:17] Caesar. I [1:14:18] , I [1:14:19] really agree a lot [1:14:19] with, uh, what Melody said [1:14:21] , um, [1:14:21] it's, I'm ok with holding [1:14:22] off [1:14:23] and, and that way it gives us [1:14:24] an opportunity to be [1:14:25] able [1:14:25] to [1:14:26] really fully [1:14:26] read [1:14:27] Rudy's draft [1:14:28] that we just got today and [1:14:28] digest it and [1:14:29] see [1:14:30] if there's, [1:14:30] what, what [1:14:31] changes and how and [1:14:32] . [1:14:33] What we wanna do, so [1:14:35] . I [1:14:36] , [1:14:36] Kimberly [1:14:37] , uh, thank you for [1:14:37] asking [1:14:38] . Um [1:14:39] , of course, um, I [1:14:41] I [1:14:41] am concerned [1:14:42] about [1:14:43] the number [1:14:43] of hours [1:14:44] that have already [1:14:45] been [1:14:46] spent [1:14:46] on this, and then [1:14:47] I [1:14:47] keep [1:14:48] thinking about the priorities [1:14:49] that we set [1:14:50] . Um [1:14:51] , and [1:14:52] how [1:14:52] sometimes us going back and [1:14:53] forth [1:14:54] , this is, and [1:14:54] it's [1:14:55] very [1:14:55] important [1:14:57] , um, how going back [1:14:57] and forth is going [1:14:59] to take [1:14:59] additional time away from some [1:14:59] of [1:15:01] those priorities we [1:15:01] did set, [1:15:02] and it is [1:15:03] budget season. I [1:15:04] am [1:15:04] wondering [1:15:06] if what has already [1:15:06] been worked on [1:15:08] . Could [1:15:08] be [1:15:09] approved and [1:15:10] then [1:15:10] we build [1:15:10] , [1:15:11] right? Um [1:15:12] , I'm just wondering [1:15:13] if. If [1:15:13] we'll be able [1:15:14] to resolve [1:15:15] this. I don't think 4 arms is [1:15:18] actually reasonable. City [1:15:18] manager said [1:15:19] he's [1:15:19] already spent [1:15:20] 60 hours. The [1:15:21] city [1:15:22] manager has [1:15:22] said he's [1:15:23] a [1:15:24] city attorney is [1:15:24] about the same, so I just want [1:15:26] to be very realistic about the [1:15:27] time that it's going to take [1:15:28] for us to create [1:15:29] the [1:15:30] document [1:15:31] that satisfies both, and I know [1:15:31] you [1:15:33] were working on it and I [1:15:33] was just sitting here [1:15:35] wondering [1:15:35] why another one was created [1:15:37] . No [1:15:38] cause I didn't want to review [1:15:39] , [1:15:40] oh, maybe I didn't say it from [1:15:40] the beginning [1:15:41] . Once you started [1:15:42] working with David, I did not [1:15:42] want [1:15:44] to have to worry about any [1:15:45] foreign issues or [1:15:46] anything like [1:15:46] that, so I was like, let me [1:15:47] just wait [1:15:48] , get whatever the [1:15:49] final version is, and therefore [1:15:50] that I'll go ahead and [1:15:50] give my [1:15:51] thoughts on the final version. [1:15:51] I [1:15:52] , I [1:15:53] , I mean, and for the [1:15:54] public, that's one [1:15:55] of [1:15:55] our [1:15:55] big [1:15:56] issues if you, and you know [1:15:57] , [1:15:58] and I know Kim brought it up a [1:15:59] couple of weeks ago [1:16:00] . If you, if [1:16:00] you don't hear [1:16:02] from us on [1:16:02] things [1:16:03] . It's [1:16:04] because we worry [1:16:05] about getting sued [1:16:06] . It's just [1:16:07] to be flat out to tell you [1:16:08] right there accordingly [1:16:08] and so [1:16:09] we've got to [1:16:09] be careful about [1:16:11] how we if if [1:16:12] we're [1:16:13] discussing, [1:16:14] we're discussing in [1:16:14] the public [1:16:14] and [1:16:15] we're having these [1:16:16] conversations because we don't [1:16:17] want people to [1:16:18] come back [1:16:18] and [1:16:19] say, explain to [1:16:20] them why [1:16:20] be [1:16:21] sued they remove [1:16:22] the prison [1:16:23] penalty [1:16:25] . That's true. That is [1:16:25] true. We [1:16:27] could actually go to [1:16:27] jail too as well [1:16:29] . Open [1:16:29] open [1:16:30] meetings [1:16:31] a real [1:16:32] thing and [1:16:32] so we [1:16:33] we are [1:16:34] very cognizant of [1:16:35] , very [1:16:36] aware of it, so that's why [1:16:38] you [1:16:38] don't, we're, we're very [1:16:39] particular about [1:16:40] how we operate [1:16:40] and work [1:16:43] . All right [1:16:43] , um, great [1:16:43] point. Any [1:16:45] other, any [1:16:45] other [1:16:46] comments on this item at [1:16:46] this [1:16:47] point? It is on our regular [1:16:47] agenda [1:16:49] . All right [1:16:50] , this time [1:16:50] I'm [1:16:51] gonna take us to [1:16:52] item 3d [1:16:53] . [1:16:54] Uh [1:16:54] , we're gonna retire [1:16:56] to [1:16:56] executive session on this one. [1:16:57] This is [1:16:58] deliberation regarding [1:16:59] real property and economic [1:17:01] development negotiations [1:17:01] pursuant to [1:17:02] Section 551.087 of [1:17:03] the Texas [1:17:03] government [1:17:05] code [1:17:05] related to [1:17:06] Project [1:17:07] Opera [1:17:07] , the [1:17:07] time [1:17:08] is [1:17:09] 6:15. We're in [1:17:10] executive session. One [1:33:28] . Evening [1:33:37] It [1:33:46] is [1:33:57] 6:32 [1:34:09] . We've returned from