Item 29 proposed language

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Steve Adler
Posts: 253
Joined: Fri Jan 16, 2015 3:12 pm

Item 29 proposed language

Post by Steve Adler » Tue Oct 15, 2019 7:27 pm

Colleagues,
Attached is a cleaned up version of the document I shared at today's work session.

http://assets.austintexas.gov/austincou ... 192427.pdf

Steve
Mayor

Ann Kitchen
Posts: 143
Joined: Fri Jan 09, 2015 5:04 pm

Re: Item 29 proposed language

Post by Ann Kitchen » Wed Oct 16, 2019 12:54 pm

Colleagues

Attached is a redlined ordinance from CM Tovo, Alter, Pool and I which includes revision to address the concerns we heard expressed in yesterday's worksession

http://assets.austintexas.gov/austincou ... 124222.pdf

We have made the following substance revisions to respond to the Mayor and councilmembers' concerns:
1) Replaced the list of streets where camping is prohibited with the Mayor's language "within 15 feet of the door jamb of an entrance to a business or residence". We added "exit"
2) Narrowed the definition of a median to clarify that these are only the medians under a highway underpass and next to U-turn lanes
3) Moved the list of areas prohibited by existing law or rules to the Findings Sections
4) Incorporated Mayor's approach to language that indicates the list of restrictions are clarifications to the standards adopted in June
5) Incorporated as an instruction to the City Manager the language regarding identifying sturctures that present greatest public safety risks and potential public health hazards from the resolution by Mayor, Mayor Pro Tem, and CM Harper-Madison, Renteria, and Casar

We hope this moves us all closer to a consensus on the clarifications needed to the ordinances to protect public health and safety. We invite our colleagues to work with us by posting responses to this proposed language as well as any amendments anticipated for tomorrow.

Best Regards
Ann Kitchen
City Council D5
Ann Kitchen
Council Member District 5

Ann Kitchen
Posts: 143
Joined: Fri Jan 09, 2015 5:04 pm

Re: Item 29 proposed language

Post by Ann Kitchen » Wed Oct 16, 2019 1:56 pm

Colleagues

Attached is a comparison document that compares provisions in the redlined ordinance from CM Tovo, Alter, Pool and I to the Mayor's proposed ordinance

http://assets.austintexas.gov/austincou ... 134757.pdf

Best Regards
Ann Kitchen
City Council D5
Ann Kitchen
Council Member District 5

Delia Garza
Posts: 29
Joined: Thu Jan 15, 2015 10:20 am

Re: Item 29 proposed language

Post by Delia Garza » Wed Oct 16, 2019 5:56 pm

After consideration of the proposed ordinance language and proposed substitute language for Item 29, and after review with local advocates and experts with the National Law Center on Homelessness & Poverty, Mayor Pro Tem Garza would like to propose amendments to Mayor Adler’s substitute language.

http://assets.austintexas.gov/austincou ... 175351.pdf

--Cynthia Van Maanen, on behalf of Mayor Pro Tem Garza
Mayor Pro Tem, District 2

Steve Adler
Posts: 253
Joined: Fri Jan 16, 2015 3:12 pm

Re: Item 29 proposed language

Post by Steve Adler » Wed Oct 16, 2019 8:34 pm

Mayor Pro Tem, Council Member Kitchen and colleagues:

I hope we pass an ordinance that contains some clarification of the endangerment and impeding provisions of existing law. It may be that the surest and best way to get there is to significantly simplify and pass a short substitute motion.

Much appreciation is due our colleagues Ann, Kathie, Leslie, and Alison for their work on the Item 29 draft and their hard work to bridge gaps. Our collective work over the last couple months is bringing us all to a consensus place.

Mayor Pro Tem, thanks for your work and post on this matter. If the council decides to go with a substitute, most all the issues you raise can be incorporated into the base substitute motion. We have discussed the concepts you propose with legal and have gotten suggested wording.

This is what I would propose be used as a base substitute motion.

http://assets.austintexas.gov/austincou ... 203135.pdf

If we’re going to consider a substitute motion on item 29 tomorrow, I will follow this process:

o Ann will be recognized first to offer her motion (a second will be sought);
o I will then recognize the tender of a substitute motion (a second will be sought);
o We’ll then independently take up and consider the Kitchen ordinance and all amendments;
o We’ll then independently take up the substitute ordinance and consider all amendments.
o The council will decide which of the two motions it will vote on first.


o If the first motion voted upon is approved, the item has been decided
o If the first motion voted upon is not approved, the other motion will voted upon.

Hopefully, we’ll be able to pass a primarily clarifying ordinance that reflects our consensus.

Steve
Mayor

Ann Kitchen
Posts: 143
Joined: Fri Jan 09, 2015 5:04 pm

Re: Item 29 proposed language

Post by Ann Kitchen » Thu Oct 17, 2019 10:32 am

Colleagues,

Attached is the redlined ordinance from Cm Tovo, Alter, Pool and I which has been revised to match the formatting of the Mayor's proposal.
http://assets.austintexas.gov/austincou ... 102850.pdf

I've also included another document providing comparison of all proposals.
http://assets.austintexas.gov/austincou ... 102917.pdf

Best Regards
Ann Kitchen
City Council D5
Ann Kitchen
Council Member District 5

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