[Texgreen] How Austin city hall lobbying works

[Roger Baker]

Who buys whom and how -- from "In Fact". -- Roger

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Subject: Fwd: Austin In Fact
Date: Tue, 20 Feb 2007 20:44:28 -0800 (PST)

February 20, 2007
A look at the city=92s registered lobbyists Development is booming in =20=

Austin right now, and with it, the lobby business. There are myriad =20
rules to follow; sometimes there=92s need of a zoning change or =20
variance to current city regulations. Those seeking such changes =20
usually reach for the experienced hand of a lobbyist to help see =20
their projects through the process.

With all the action at City Hall these days, some would say you need =20
a scorecard to keep up with the players. In Fact Daily found that =20
it=92s hard to keep up with the players even if you do have a scorecard.

There are currently 76 individuals registered with the City Clerk as =20
lobbyists, according to a recently compiled list. Lobbyists are =20
legally required to register as soon as they have a client, let the =20
clerk know when they are no longer lobbying for a specific client, =20
stop lobbying, or add a client to their list. That is certainly not =20
happening and there is neither a method for tracking lobbyists nor an =20=

enforcement mechanism to make sure they follow the rather loose set =20
of rules enacted in 1992.

No one really knows how much money is spent annually by businesses =20
that retain lobbyists to represent them at the city, but with all the =20=

high-priced legal talent found on the list, it is bound to be a =20
significant sum.

City Clerk Shirley Gentry said she plans to eventually place a =20
listing of all the city=92s registered lobbyists and their clients on =20=

the city=92s web site. She could not say how soon that might be, given =20=

the amount of time and manpower it will take.

Clients run the gamut from individuals and small businesses to multi-=20
billion dollar corporations, but as a category, real estate =20
developers and property owners are the most likely to employ lobbyists.

Armbrust & Brown

Based on the clerk=92s records, the three firms with the highest client =20=

count are: Armbrust & Brown LLP, Drenner & Golden and Graves =20
Daugherty. These firms attract high-profile clients who routinely ask =20=

the city for zoning changes, waivers of various types and variances. =20
The firm=92s lobbyists can be found at City Hall any given Tuesday =20
night at the Planning Commission or the Zoning and Platting =20
Commission and any given Thursday at a City Council meeting. They =20
also appear on a regular basis at the Environmental Board and the =20
Board of Adjustment. They also represent their clients at the Design =20
Commission, the Water and Wastewater Commission and various others.

One of those in the high-profile category is Richard Suttle, an =20
attorney with Armbrust & Brown LLP.

Suttle, who made his reputation representing Stratus Properties from =20
back in the days it was known as Barton Creek Properties, now =20
represents a long list of major clients, including current hot =20
properties Wal-Mart Stores, Concordia University, CWS Capital =20
Partners, Robinson Ranch and Redeemer Presbyterian Church. He is =20
currently registered with the City Clerk=92s office to represent nearly =20=

40 entities before the city.

David Armbrust, a founding partner of Armbrust and Brown, has a =20
stellar list of clients too, but appears less frequently than Suttle. =20=

Other long-term major players in the land development arena include. =20
His client list includes Cypress Real Estate Advisors, homebuilder =20
D.R. Horton, Robinson Ranch and Texas Disposal Systems; as well as =20
Catellus Commercial Group and Buffington Capital Holdings and CH2MHill.

Armbrust also represents attorney and power broker Pete Winstead, a =20
founder of Winstead, Secrest and Minick Planning Commission. Winstead =20=

is also registered as a lobbyist for a number of companies, including =20=

the one that seems most important to him=97Sustainable Water Resources, =20=

LLC. He has tried to convince the City of Austin to consider a deal =20
with the group to bring water from the Carrizo-Wilcox Aquifer near =20
Giddings to Austin to no avail.

Other registered lobbyists at Armbrust=92s firm Lynn Ann Carley, Kris =20=

Kasper and Amanda Morrow.

Drenner & Golden

Another familiar face at City Hall is Steve Drenner, a partner in =20
Drenner & Golden Stuart Wolff LLP. Some of his major clients and =20
their projects include Ardent Residential, developer of the Four =20
Seasons Condominiums downtown; Gables Residential, which is planning =20
a residential project next to the Seaholm Redevelopment; as well as =20
large local and regional developers such as Lincoln Properties, =20
Stratus Properties, and Trammell Crow.

Just last week, Drenner convinced all six members of the City Council =20=

voting on the case to allow the construction of a 400-foot condo at =20
7th Street and Rio Grande for CLB Partners. Sweating it out with him =20
were Michele Haussman and Michele Rogerson, each of whom left city =20
planning positions several years ago to become lobbyists for =20
Drenner=92s firm.

The team also included Mike Blizzard of Grassroots Solutions. =20
Blizzard specializes in building public support for (or against) =20
specific project. He was instrumental in convincing Wal-Mart not to =20
build a store over the aquifer near the Circle C Neighborhood several =20=

years ago. He is also registered to represent N-Hays Investors, =20
Stratus Properties and the Lone Star Roller Girls.

Political consultant Mark Nathan, who steered the successful =20
campaigns of five of the current members of the City Council, =20
registered in December to lobby for Barton Place, Fairfield =20
Residential and Airport Fast Park. The latter has had an ongoing =20
skirmish with the city over the amount they must pay in order to =20
offer off-site parking for Austin-Bergstrom International Airport. =20
The developers of Barton Place Condominiums plan their project on =20
Barton Springs Road in the area now occupied by a trailer park.

Brown McCarroll

Nikelle Meade of Brown McCarroll LLP lobbies for not only a number of =20=

businesses before the city =96 including Motorola, Carollo Engineers, =20=

Reagan National Advertising and Wells Fargo Bank =96 but also an =20
eclectic group of other organizations such as the Bouldin Creek =20
Neighborhood Association, Davenport Bunny Run Alliance and Southwest =20
Hills Community Church.

A senior partner in the firm, Jerry Harris, was Austin=92s City =20
Attorney before going into private practice. His client list includes =20=

Freescale, Lumbermen's Investment, Trammell Crow Residential, the =20
engineering firm Turner Collie & Braden, and several large landowners =20=

such as Robert H. Theriot.

Another member of the firm, Andy Martin has served as City Attorney =20
for both Austin and San Antonio. The CTRMA recently hired him to do a =20=

little legal work on their behalf. He is not currently registered as =20
a lobbyist but told In Fact Daily he had not been doing much =20
lobbying. However, he added that he would take care of the matter as =20
soon as the clerk=92s office opens today.

John Joseph, formerly a partner in Minter, Joseph and Thornhill PC, =20
closed up shop last year, along with his son John Joseph Jr. and =20
friend, Dowe Gullatt, to join the Clark Thomas firm. His clients =20
include Capital Metro, St. David=92s Healthcare, and Hill Partners;

Trey Salinas and Don Martin are the majors in Martin & Salinas Public =20=

Affairs. The firm represents development clients such as Catellus =20
Commercial Development, Constellation Property Group, and Cencor =20
Urban, AMD, AOL/Time Warner, and oddly enough, Armbrust & Brown. He =20
also represents the Winstead-backed water company Sustainable Water =20
Resources.

Former Mayor Pro Tem Jackie Goodman registered as a lobbyist last =20
fall even though she had no clients to report at the time. Since =20
then, she has spoken at a couple of City Council meetings, mostly on =20
behalf of neighborhoods. She has also started talking to some folks =20
about running for Mayor in 2009.

Former Texas Railroad Commissioner Mary Scott Nabers has her own firm =20=

=96 Strategic Partners -- and quite a few clients. Those clients =20
include Equis Corporation, Northrop Grumman and Temple Meridian. =20
However, she is not registered to represent any notable real estate =20
interests.

Alice Glasco, who retired last year as director of Austin=92s =20
Neighborhood Planning and Zoning Department, has picked up quite a =20
few clients, including CLB Partners (7th and Rio Grande), Schlosser =20
Development/Whole Foods Market and investor John Wooley.

Former Mayor Bruce Todd, former Mayor Gus Garcia, and former Mayor =20
Kirk Watson, now Austin=92s State Senator, are also registered as =20
lobbyists with a few clients each.

Garcia is helping Las Manitas Restaurant, RZ Communications and Lopez-=20=

Phelps & Associates. Amelia Lopez-Phelps is the founder of her own =20
consulting firm, specializing in assisting others in land =20
development. She has registered as a lobbyist also but only for her =20
own firm and for SDN, Inc., making it impossible to tell exactly whom =20=

her clients are. This could be a case of unclear regulations or =20
underreporting.

Graves, Dougherty, Hearon and Moody

On the other hand, some lobbyists appear to be over-reporting. Each =20
of seven lawyers who registered from Graves, Dougherty, Hearon and =20
Moody, PC. listed the same 50 clients as their employers.

Among their stable of attorneys is Terry Bray, Stephen Butler, Peter =20
Cesaro, Alan Heywood, David Herndon, Rick Triplett and Michael =20
Whellan. Although last alphabetically, Whellan is the one most seen =20
at City Hall. He worked with the Bouldin Neighborhood Association, =20
among others, to ensure that Fairfield Residential could build its =20
new condo project near the Town Lake Hyatt Regency. He is also a =20
litigator.

GDHM=92s client list is a Who=92s Who of major businesses in Austin and =20=

Texas, including Temple-Inland Corp., Zydeco Development, real estate =20=

investor Josie Champion (and her sisters, presumably), Ardent =20
Residential, and the Austin American Statesman, among others.

One face seen often at City Hall who is not registered as a lobbyist =20
is consultant Jim Bennett. Bennett is a regular at numerous boards =20
and commissions, as well as cases before City Council. But he is also =20=

seen consulting with city officials =96 both elected and staff -- =20
regularly at City Hall. Attempts to reach Bennett for comment were =20
unsuccessful.

According to the city=92s lobby law, lobbying is defined as =93the =20
solicitation of a City official, by private interview, postal or =20
telephonic communications, or any other means other than public =20
expression at a meeting of City officials open to the public . . . =20
directly or indirectly by a person in an effort to influence or =20
persuade the City official to favor or oppose, recommend or not =20
recommend, vote for or against, or to take action or refrain from =20
taking action on a municipal question.

The listings provided by the city include all individuals who have =20
registered as a lobbyist and paid a $300 fee to the city. However, =20
the city does not have any way of telling when a lobbyist has stopped =20=

representing a client, so there could be some inaccuracies due to =20
lobbyists who have changed clients or quit lobbying but have not =20
notified the city. For example, Annick Beaudet left Brown McCarroll =20
last year to return to city employment. Her name still appears on the =20=

lobby list because she apparently forgot to inform the clerk of her =20
changed status. There could be numerous other such instances.