09-22-2025 Email to Environmental Commission: The ACL Fest 2025 Contract has omitted many regulations

10-14-2025 (To City Council, Mayor, Parks Board, Environmental Commission)

Thank you for replying to confirm receipt of my earlier email.

You have probably been told by the Parks Department that the 10 pages of reduced content in the 2025 ACL contract is simply the relocation of content to external CoA sources. The fee schedule for the ACL rental of Zilker Park -- located now in the new ACL SCOPE OF WORK -- required an additional Public Information Request.  It took me several more days to collect the SCOPE OF WORK documents located in CoA Municipal Code, Austin Center for Events policies and procedures, Park Rules, etc. 

I have compiled an ACL SCOPE OF WORK LIBRARY: 15 documents, located outside of the ACL Contract.

https://drive.google.com/drive/folders/15Ub_rJwFlq0seqUKsY-wPKEYNhZKWtr5?usp=sharing

I wonder how the ACL Organizer manages to comply with such wide-ranging materials, some of which appear to be contradictory to the very nature of the ACL Event.

For example, Special Event Property List (https://drive.google.com/drive/folders/15Ub_rJwFlq0seqUKsY-wPKEYNhZKWtr5) claims that the maximum capacity for The Great Lawn is "30,000+" which is still far below 80K.  I was unable to locate the Zilker Park maximum capacity of 80K (attendees and staff) in any of the SCOPE OF WORK. 

Thanks for your interest in the 2025 ACL Contract.

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10-02-2025

Dear Public Reader,

The Parks Department has since sent me the 2025 ACL Contract Addendum (2 pages).

The Addendum provides the details about the rental fees. However, ACL in 2025 continues to have minimal regulations (such as "maximum capacity of attendees"):

 • no Tiered Special Event maintenance fees (the fee-per-ticket for general park maintenance); 

• no EMS regulations, 

• no Fencing regulations, 

• no Maximum Capacity of Attendees, 

• missing Portable Toilet details, 

• missing Transportation details, 

• missing Waste Management details and 

• missing the impact of "free samples" on waste management. 

The 2025 ACL Contract Addendum:

Dear Ms. Johnston and Environmental Commissioners,

The Parks Department (APR) has chosen to use a new minimalist contract template for ACL in 2025. The event is right around the corner (although you won't find the event dates in the new 2025 contract -- one of many omissions, I believe).

The EC discusses various topics that impact the environment, health and safety of people. ACL Festival has impacts on environmental topics: Waste Management, EMS/public safety, Transportation (sustainable and mass transit), to name a few.

I have taken screenshots to show you the missing Contract oversight for ACL in 2025.

The first few screenshots are the top and bottom of the 2024 vs 2025 ACL Contracts. They show: No rent due, no deposit due, no mention of "25% non-refundable." Page 12 verifies that this is in fact the 2025 ACL Contract, signed by Dir. Aguirre and the Organizer Emmett Beliveau.

The 2024 ACL Contract was 22 pages. The current 2025 ACL Contract is 12 pages. That means 10 pages of regulations, reporting requirements, and site-plan requirements -- for example -- are simply missing in 2025.

With my file names and annotation, I tried to make each screenshot clear. Always, the 2024 ACL Contract is on the LEFT and the 2025 Contract is on the RIGHT.

Many issues in the 2025 contract might be of interest to the EC: 

• no event rental fees, 

• no Tiered Special Event maintenance fees (the fee-per-ticket for general park maintenance); 

• no EMS regulations, 

• no Fencing regulations, 

• no Maximum Capacity of Attendees, 

• missing Portable Toilet details, 

• missing Transportation details, 

• missing Waste Management details and 

• missing the impact of "free samples" on waste management. 

There are more. 

Perhaps you will find something of interest specific to the EC?

My best wishes -- and with gratitude for your volunteer service to the City,

Diana Prechter

The full contracts are at the links below:

2025: https://drive.google.com/file/d/1Cy6ZExQA2fWpus-qeMHdavd--yc5WxIy/view?usp=sharing

2024: https://drive.google.com/file/d/1irnEYmbp9yW0-nFwFw_PRTqZPM5KLroA/view?usp=sharing

Comparing various sections by subject:

2025 Update: Zilker Park turns muddy - Updated with WPD & PARD new information 04-08-2025

Three days ago, journalist Kasha Patel in the Washington Post sounded the alarm that climate change is damaging soil worldwide.

https://www.washingtonpost.com/climate-environment/2025/03/27/earth-soil-moisture-drying-sea-level-study/

I'm concerned that the Parks Department may not be taking soil preservation seriously enough.

My Zilker Park photos on 03-30-2025 show excessive mud and mulch on sidewalks and roads; mud is entering the drainage culvert in the parking lot above Barton Springs Pool.

Roadways leading up to the Pool are full of mud. It is an indication of poor soil quality and the potential of even more severe soil loss this summer when temperatures rise.

This mud is now entering a drainage culvert near Barton Springs Pool.

Mud on sidewalk is dangerous for bikes.

Meanwhile, excessive mulch is on top of sidewalks -- where it is dangerous for bike riders -- and adjacent to Eliza Springs. The mulch appears to be part of the Zilker Train/APF concession. Maybe APF could be asked to better maintain the area around their concession. 

Several temporary berms appear to be at the end-of-useful-life. They are turning into sources of mulch that may float downhill toward the Springs, possibly entering the drainage culvert during heavy rains.

Entire hillsides continue to show signs of severe erosion after ACL Fest. Is there a permanent solution? Maybe these should be formally terraced to hold soil and provide safe pedestrian steps.

The Polo Field shows soil erosion with mud deposited at its low corners.

Looking at the south side of Barton Springs Road, Zilker Park is showing signs of soil wear-and-tear that would benefit from springtime maintenance, when seedlings might grow. How long can we allow informal pathways to get wider and wider without fences to guide footsteps?

Last, this is Stratford Drive where cars enter the Butler Landfill parking lot. Maybe the Transportation and Public Works Department could remedy?

Several drains appear to be blocked near the train tracks:

Good news!

PARD and Watershed Protection Department have responded as follows:

EC: Please ask PARD this question: When problems of the Trail are noted, who fixes them? TTC? PARD?

These pics show serious problem areas along the trail. Can PARD include in the Annual Concession Report an explanation of how much money TTC is spending to resolve these types of problems along the trail? Or does TTC only report issues to PARD for PARD to repair? How much money does TTC spend on park-wide O&M? Phase 2 shows no increase of O&M responsibilities for TTC. What exactly will TTC use the concession revenue for? Using it exclusively for "the area around the concession" is inappropriate when there are serious problems of the trail throughout the park.

(Click on any image to see larger view.]

Questions for PARD that could be asked by the public or EC members on or before 02-19-2025

 This is perhaps the most important in the long run, in my opinion:

(0) CONTRACTS:

Will the PARB and EC be partners in designing the future standard contract and RFP’s (the future standard concession contracts) to ensure robust annual price reporting, environmental reporting, environmental investing, and fiscal transparency of concession profits earned and expended? We need to know what the standards are so that we can compare expectations to reality.

Does the TTC’s management role of all concessions in the Park allow them (a) to solicit and approve new vendors? (b) to directly own and operate the current concessions in the Park? In other words, could they kick out current concession vendors to replace them with friends or claim a concession as their own TTC owned and operated business (like the APF Train)?

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(1) 

Please explain the TTC’s reported loss of nearly $500K in 2023? 

Meaning: Is TTC a reliable fiscal partner to oversee all concession revenue? Will they be tempted to use concession revenue as “unrestricted revenue” rather than Park O&M revenue?

Because — according to the TTC’s Phase 2 Request March 31, 2024 — the TTC’s plan for spending the concession revenue in 2025 allocates $310K to “unrestricted contributions.” (see attached "page 8 of 03-31-2024 TTC POMA Request Phase 2 Notice copy.png" )

Definition: “Unrestricted funds, also known as funds without donor restrictions, are funds the nonprofit is free to spend as management deems appropriate.”

Does that mean that concession revenue is actually “unrestricted” and could be spent on TTC-built assets? Or will concession revenue be deposited into a Park Operations Fund and used exclusively for Park O&M, as required by contract?

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(2) 

The Reserve Fund represents a protection of the environment or built structures in the event of extraordinary circumstances, such as bankruptcy of the TTC or an extreme weather or other destructive event.

When the POMA was signed in 2022, what was the target dollar value of the Reserve Fund after all 4 Zones moved into Phase 3?

Based on that, what should the Reserve Fund balance be for 4 Zones in Phase 2?

Is the TTC’s deposit of $40K sufficient to protect 4 Zones?

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(3) 

TTC is a builder of TTC-owned assets in the Park, for which they solicit CoA contributions and private donations. However, their POMA explains that they participate in park-wide O&M — not just O&M in the areas surrounding concessions that they manage.

The 2025 Annual Implementation Plan says that the TTC’s obligations for O&M in Phase 2 are UNCHANGED from Phase 1 except that TTC can manage reservations for people to use their TTC-built assets (this is another revenue source, not O&M).

How much money is TTC spending on O&M?

Is the TTC’s budget allocation for Park O&M (operations and maintenance) increasing year-over-year? Or collapsing? 

Please report the TTC’s expenditures for O&M for the past several years.

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(4)

In December 2023, TTC anticipated Phase 2 in only one Zone (SE) in 2025. Three months later, TTC requested four Zones in 2025. The only change that happens in Phase 2 is: concession revenue goes to the TTC. The 2025 Annual Implementation Plan says that the TTC’s obligations for O&M in Phase 2 are UNCHANGED from Phase 1 except that TTC can manage reservations for people to use their TTC-built assets (this is another revenue source, not O&M).

On what basis was TTC determined to have satisfied the requirements for Phase 2 in all four Zones? Can PARD detail the Phasing milestones TTC accomplished to earn four Zones in one year? Were the TTC Phasing milestones in March 2024 different from those completed by December 2023?

Was the nearly $500K financial loss of TTC in 2023 a factor in the CoA approving Phase 2 in 2025: Giving TTC four Zones of concession revenue to make up for TTC’s financial losses?

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(5)

Can PARD change the reporting of “Gross Sales” (which includes Sales Tax) to “Net Revenue” to be consistent with temporary concession revenue reporting? This would allow a better eyeball-guess when considering whether the concessions are profitable. At present, the revenue appears overstated because Sales Tax is included. It matters.

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(6)

PARD already has the IRS report for each vendor. Can PARD include the most recent IRS report for each concession? Perhaps as backup material?

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(7)

Could PARD include an income and profit statement (P&L) for each vendor? PARD already receives a monthly P&L from TRC. Could PARD simply ask for the annual P&L from each vendor and include it? Maybe in backup? Include account details?

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(8)

Can PARD report — for each Nonprofit-managed concession — the total concession revenue to the Nonprofit; confirm that this matches the total deposits into the Park Operations Fund, and report the total expenditures on park-wide O&M from the Fund? Examples of TTC's O&M expenditures with photos would be helpful.

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