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[00:00:39]

>> GOOD MORNING.

WELCOME TO THE CITY COUNCIL REGULAR MEETING OF JUNE 7, 2018.

COUNCIL MEMBER TREVINO? COUNCIL MEMBER SHAW WILL NOT BE HERE TODAY.

HE IS OUT OF TOWN.

COUNCIL MEMBER VIAGRAN.

>> HERE.

>> COUNCIL MEMBER SALDANA.

>> HERE.

>> COUNCIL MEMBER GONZALES.

COUNCIL MEMBER BROCKHOUSE.

>> PRESENT.

>> COUNCIL MEMBER SANDOVAL.

>> HERE.

>> COUNCIL MEMBER PELAEZ.

COUNCIL MEMBER COURAGE.

>> PRESENT.

>> COUNCIL MEMBER PERRY.

>> HERE.

>> AND MAYOR NIRENBERG.

>> HERE.

>> WE HAVE A QUORUM (GOOD MORNING, WELCOME TO OUR A SESSION.

THE TIME IS 9:09 P.M.

WE WILL BEGIN WITH INVOCATION BY COUNCILMAN PERRY.

>> THANK YOU, SIR.

THIS MORNING I WANT TO INTRODUCE ASTER ZEES, HE'S FROM MACARTHUR LUTHERAN CHURCH AND E EU79 I WANT TO READ ABOUT HIM.

AS A FASTER PERISH IN TEXAS HE'S LED TIMES OF CHANGE.

HE CHAIRED EXECUTIVE COMMITTEE AS PLANS WERE UNDER WAY TO CREATE THE VEGETABLE, EVANGELICAL CHURCH OF AMERICA.

HE'S ALSO CHAIRED SEVERAL BOARDS TO INCLUDE THE LUTHERAN SOCIAL SERVICE OF TEXAS AND THE BOARD OF LUTHERAN OUTDOOR AND RETREAT MINISTRY OF THE SOUTHWEST.

MORE RECENTLY WHEN PAUL WAS PRESIDENT OF THE GREATER SAN ANTONIO COMMUNITY OF CHURCHES, THE GUADALUPE DECIDED TO BECOME INTERFAITH AS THE GREATER SAN ANTONIO COMMUNITY OF C CONGREGATIONS.

HE IS SERVING AS THE CO-FOUNDER OF THE SAN ANTONIO SPONSORING COMMITTEE.

IN 2003 MACARTHUR PARK LUTHERAN WAS NAMED SAN ANTONIO CHURCH OF THE YEAR AND RECEIVED THE CHURCHMANSHIP AWARD FROM THE GREATER SAN ANTONIO COMMUNITY OF CHURCHES.

HE'S -- HE IS LEADING THE CONGREGATION.

HIS CONGREGATION IN AN EXCITING OUTREACH PLAN AS THE CONGREGATION LIVES THE GOSPEL AND CHANGES THE WORLD, BY FOCUSING ON VARIOUS KINDS OF POVERTY IN THE NEIGHBORHOOD.

PAUL IS MARRIED TO THE REVEREND DR. LYNN SHOOTY ZEES AND THEY HAVE THREE CHILDREN, DAUGHTER RACHEL IS AWAITING A NEW CALL AS A PASTOR IN WISCONSIN, SON JONATHAN IS AN ACTOR IN NEW YORK CITY, AND SON TIMOTHY IS AN ATTORNEY WITH THE DEPARTMENT OF JUSTICE IN WASHINGTON, D.C.

THE ZEESES HAS BEEN BLESSED WITH FIVE GRANDCHILDREN.

THANK YOU FOR JOINING US TODAY, PASTOR ZEES, AND WELCOME.

>> THANK YOU.

>> MAYOR NIRENBERG, CITY MANAGER SCULLEY, MEMBERS OF THE CITY COUNCIL, CITIZENS AND FRIENDS OF SAN ANTONIO.

THANK YOU FOR THE OPPORTUNITY TO BRING THE INVOCATION TODAY.

I KNOW WITH SOME 1400 FAITH COMMUNITIES IN SAN ANTONIO AND MANY OTHER RELIGIOUS LEADERS, MANY HAVE THIS OPPORTUNITY AND I THANK YOU.

ALSO I WANTED TO THANK THOSE OF YOU ON THE COUNCIL FOR YOUR PUBLIC SERVICE.

WE REALIZE TODAY BEING A PUBLIC LEADER IS DIFFICULT WHEN THERE ARE OFTEN MORE CRITICS AROUND THAN VOLUNTEERS WILLING TO HELP YOU.

AND AS YOU MEET TODAY I ENCOURAGE YOU TO REMEMBER THOSE WHO ARE OFTEN IGNORED, THOSE WHO ARE OFTEN EVEN HATED, INCLUDING THE POOR, THE SICK, THE YOUNG, THE OLD, IMMIGRANTS, MEMBERS OF THE LGBTQ COMMUNITY, THOSE WHO HURT.

DURING THIS MEETING MAY GOD AS YOU UNDERSTAND GOD TO BE GRANT YOU THE WISDOM AND COURAGE TO MAKE DECISIONS WHICH ARE THE BEST FOR THE CITY OF SAN ANTONIO AND THE WORLD AT LARGE, DECISIONS REFLECTIVE OF A COMPASSIONATE CITY.

AMEN.

ALLEGIANCE]

>> MAYOR NIRENBERG: THANK YOU, PASTOR.

WE HAVE AN ANNOUNCEMENT FOR TRANSLATION SERVICES.

>> GOOD MORNING, MAYOR.

[00:05:08]

>> MAYOR NIRENBERG: THANK YOU.

THE FIRST ITEM ON OUR AGENDA IS THE APPROVAL OF THE CITY COUNCIL MEETING MINUTES FROM MAY 9 AND 10 AND THE SPECIAL MEETING FROM MAY 10.

THERE'S A MOTION AND A SECOND FOR APPROVAL OF THE CITY COUNCIL MEETING MINUTES MINUTES FROM MAY 9 AND 10 AND THE SPECIAL MEETING OF MAY 10.

PLEASE VOTE.

[VOTING]

>> MOTION CARRIES.

ITEM NO. 4.

>> ITEM NO. 4 IS THE SWEARING IN OF COUNCIL MEMBER ROBERT C. TREVINO TO BE SWORN IN AS MAYOR PRO TEM STARTING JUNE 11 THROUGH AUGUST 20, 2018.

>> RAISE YOUR RIGHT HAND.

I, STATE YOUR NAME.

>> I, ROBERTO CARLOS TREVINO.

>> DO SOLEMNLY SWEAR.

>> THAT I WILL FAITHFULLY EXECUTE THE DUTIES.

>> OF THE OFFICE OF.

>> OF THE OFFICE OF.

>> MAYOR PRO TEM.

>> MAYOR PRO TEM.

>> FOR THE CITY OF SAN ANTONIO.

>> FOR THE CITY OF SAN ANTONIO.

>> BEGINNING JUNE 11.

>> BEGINNING JUNE 11.

>> TO AUGUST 20.

>> TO AUGUST 20.

>> OF THE STATE OF TEXAS.

>> OF THE STATE OF TEXAS.

>> AND WILL TO THE BEST OF MY ABILITY.

>> AND WILL TO THE BEST OF MY ABILITY.

>> PRESERVE, PROTECT AND DEFEND.

>> PRESERVE, PROTECT AND DEFEND.

>> THE CONSTITUTION.

>> THE CONSTITUTION.

>> AND LAWS.

>> AND LAWS.

>> OF THE UNITED STATES.

>> OF THE UNITED STATES.

>> AND OF THIS STATE.

>> AND OF THIS STATE.

>> SO HELP ME GOD.

>> SO HELP ME GOD.

>> CONGRATULATIONS.

>> THANK YOU.

[APPLAUSE]

>> MAYOR NIRENBERG: ALL RIGHT.

AT THIS TIME I'D LIKE TO ASK MY COLLEAGUES IF THERE ARE ANY ITEMS WHICH THEY WOULD LIKE TO PULL FROM THE CONSENT AGENDA AT .

AT THIS TIME THERE ARE NO ITEMS FOR INDIVIDUAL CONSIDERATION.

CORRECTION, WE DO HAVE ITEM NO. 18 FOR INDIVIDUAL CONSIDERATION.

>> NO. 10 AND ITEM NO. 17.

>> MAYOR NIRENBERG: ITEMS NO. 10 AND 17? ANY OTHERS? OKAY.

WE HAVE ITEMS NO. 10, 17 AND 18 FOR INDIVIDUAL CONSIDERATION.

ALL OTHER ITEMS WILL REMAIN AN CONSENT.

I'LL ENTERTAIN A MOTION FOR APPROVAL OF THE CONSENT AGENDA.

>> MOTION.

>> SECOND.

>> MAYOR NIRENBERG: THERE IS A MOTION AND A SECOND FOR APPROVAL OF THE CONSENT AGENDA AND 18.

PLEASE VOTE.

MOTION CARRIES.

ITEM NO. 10.

>> ITEM NO. 10 IS AN ORDINANCE APPROVING -- AN ORDINANCE APPROVING A CHANGE ORDER IN THE AMOUNT OF $575,000 TO INCREASE A CONSTRUCTION CONTRACT WITH J3 COMPANY LLC TO $16,584,601.32 FOR TERMINAL AREA TAXIWAYS, PACKAGE 2 AT THE SAN ANTONIO INTERNATIONAL AIRPORT.

>> MAYOR NIRENBERG: COUNCILMAN .

>> COURAGE: THANK YOU, MAYOR.

I BROUGHT THIS UP BECAUSE IT'S -- IT'S A CONCERN THAT I'VE HEARD OF AND NOW SEE WHERE THE CITY ENTERED INTO AN AGREEMENT AND AS WORK IS BEING DONE WE FOUND THAT THERE ARE UNKNOWNS OUT THERE RELATED TO OUR UTILITIES THAT IN THIS CASE ARE COSTING THE CITY AN ADDITIONAL HALF MILLION DOLLARS.

THAT'S WHAT'S BEING PROPOSED TO BE ADDED TO A $16 MILLION CO.

AND I CAN UNDERSTAND THERE ARE SOMETIMES UNKNOWNS, BUT WHEN WE'RE TALKING ABOUT THE COORDINATION OF EFFORTS BETWEEN THE CITY UTILITIES, CPS, SAWS AND THE CITY, I'VE HEARD NUMEROUS TIMES OF COMPLAINTS THAT, FOR EXAMPLE, WHEN WE'RE BUILDING A STREET, ALL OF A SUDDEN SIX WEEKS LATER OR TWO MONTHS LATER SAWS OR CPS HAS TO COME OUT AND UNDO THE BRAND-NEW STREET BECAUSE THERE WASN'T ENOUGH COORDINATION BETWEEN THE AGENCIES TO ENSURE THAT IT'S DONE WELL AND DONE RIGHT THE FIRST TIME.

I'VE ALSO HEARD, FOR EXAMPLE, THAT IN THE DEVELOPMENT OF CERTAIN PROPERTIES OUTSIDE OF THE AIRPORT BUT IN GENERAL, WHEN AGENCIES HAVE INQUIRED FROM SAWS IN PARTICULAR IF THEY COULD GO AHEAD AND DO CONSTRUCTION, SAWS HAS SAID, WELL, YOU'RE GOING TO HAVE TO PAY SOME FEES BECAUSE WE DON'T HAVE ANY RECORD THAT

[00:10:02]

SAWS WAS EVER THERE, EVEN THOUGH THERE MAY BE A SLAB OR INDICATIONS THAT THERE WAS A FORMER RESIDENCE AT THAT LOCATION.

AND WHAT I'M HEARING BASICALLY, AND IT'S SAWS BUT I'M SURE IT GOES INTO CPS AND OTHERS, ARE THE RECORDS ACCURATE WHEN IT COMES TO THE CITY OR OTHER ENTITIES UNDERTAKING DEVELOPMENT SO THAT WE DON'T HAVE THESE KINDS OF BIG COST OVERRUNS OR WE DON'T ASK DEVELOPMENT FEES OF CERTAIN GROUPS WHEN THEY SHOULDN'T HAVE TO PAY THEM BECAUSE THE RECORD SHOULD SHOW THERE IS OR WAS EXISTING SERVICE IN THOSE AREAS.

AND THAT'S WHY I'VE BROUGHT THIS UP.

AND I'D LIKE TO REALLY HEAR A LITTLE BIT MORE, PROBABLY FROM CARLOS AS FAR AS, YOU KNOW, THE CITY'S COORDINATION, PARTICULARLY WITH SAWS BUT WITH CPS, SO THAT THESE KINDS OF THINGS DON'T HAPPEN IN THE FUTURE.

YOU KNOW, WHAT IS THE -- WHAT IS THIS SPECIFIC REASON, AND WHAT ARE WE DOING TO ENSURE THAT WE DON'T HAVE THESE KINDS OF PROBLEMS CONTINUE.

>> COUNCILMAN, THANK YOU FOR THE QUESTION.

WE DO COORDINATE VERY CLOSELY WITH SAWS AND CPS AS WE'RE DOING WORK ON THE AIRPORT, AT THE AIRPORT.

I THINK YOU'RE ABSOLUTELY RIGHT.

THERE ARE SOME SITUATIONS WHERE THE INFORMATION THAT WE HAVE IS JUST NOT UP-TO-DATE, AND BECAUSE THIS WAS DONE YEARS AGO, YOU KNOW, THE FACILITY IS A PRETTY OLD FACILITY AND SO THE RECORDS DON'T NECESSARILY SHOW THE CRAZY ACCURACY THAT WE WOULD LIKE TO SEE.

TOM CAN SPEAK SPECIFICALLY TO THIS SITUATION BECAUSE IT WAS MORE THAN UTILITIES BUT IT INCLUDED UTILITY RELOCATION SO I'LL LET HIM ADDRESS THAT.

BUT WE'RE WORKING VERY CLOSELY WITH SAW THAN AS CPS -- AND CPS BOTH TO MAKE SURE WE HAVE ALL THE INFORMATION WE CAN HAVE BEFORE WE GO OUT ON CONSTRUCTION PROJECTS.

>> COURAGE: WELL, BEFORE TOM ANSWERS, I'D JUST LIKE TO TOASK US AS A COUNCIL TO WORK GIVING BETTER DIRECTION IF WE CAN DO THAT TO SAWS TO UPDATE THEIR RECORDS TO REFLECT BETTER ACCURACY IN THINGS LIKE THIS.

I MEAN, A HALF A MILLION DOLLARS IS NO SMALL AMOUNT OF MONEY BECAUSE WE SIMPLY DIDN'T KNOW A LINE WAS THERE, THAT WE SHOULD HAVE KNOWN, THEY SHOULD HAVE BEEN ABLE TO TELL US ABOUT.

>> YEAH, A COUPLE THINGS.

WE ARE WORKING -- AVIATION DEPARTMENT, WE'RE WORKING VERY CLOSELY AT THIS TIME AND HAVE BEEN FOR A WHILE WITH CPS AND SAWS TO HELP MAKE SURE WE HAVE THE MOST CURRENT AS-BUILTS AND KNOW EXACTLY WHERE ALL THESE UTILITIES ARE, SO WE'VE SPENT A LOT OF TIME WITH THEM, AND I THINK EVEN THIS AFTERNOON WE HAVE SOME FOLLOW-UP MEETINGS WITH CPS.

THEY'RE ALSO WORKING WITH US CLOSELY ON SOME REDUNDANT POWER SOURCES AND SERVICES TO THE AIRPORT, SO WE'RE -- WE'VE RECENTLY BEEN VERY MUCH ON TOP OF IT AND CONTINUE TO MOVE FORWARD.

NOW, AS FAR AS ANY MORE SPECIFICS ON THIS ITEM, I HAVE A BRIEF PRESENTATION IF YOU'D LIKE TO SEE IT TO GO THROUGH A FEW SLIDES, BECAUSE THERE IS -- ALONG WITH THE UTILITY WORK, THE EXTRA WORK, A LOT OF THIS COST ARE SOMEWHAT -- DELAYS AND CHANGES TO HOW THE PAVEMENT HAD TO BE PUT DOWN, AND ALSO THERE WAS SOME IMPACTED SOIL THAT WE WERE NOT HAULING OFF AIRPORT.

IT WAS IMPACTED NOT BEYOND ANY HIGH LEVELS OF ANY MATERIALS, BUT WE GENERALLY DO KEEP SOIL ON OUR AIRPORT TO BE ABLE TO REUSE THE SOILS.

SOME COSTS ARE ASSOCIATED WITH THAT AS WELL.

>> I GUESS ANOTHER QUESTION I HAVE RELATED TO THIS AND I DON'T MIND YOU DOING A PRESENTATION, I THINK THE OTHER COUNCIL MEMBERS WOULD LIKE TO SEE THAT, BUT IN THE ORIGINAL CONTRACT, WASN'T THERE A CONTINGENCY BUILT IN? HOW MUCH WAS THAT CONTINGENCY?

>> THERE IS CONTINGENCY BUILT IN, AND WE HAVE ENOUGH CAPACITY IN THE CONTINGENCY FOR SOME PREVIOUS CHANGE ORDERS AND THEN ALSO FOR THIS CHANGE ORDER, SO THE CAPACITY IS THERE.

>> SO WE'VE ACTUALLY HAD SEVERAL OTHER CHANGE ORDERS ALONG THE WAY?

>> THERE WERE SEVERAL MORE ON SOME OF THE -- SOME RELOCATION OF SOME OTHER LINES, MORE STORM WATER.

WE HAD TO REMOVE AND RELOCATE A STORM DRAIN, AIRCRAFT RATED STORM DRAIN SO THERE WERE SEVERAL OTHER.

>> COURAGE: SO OVER THE -- LOOKING AT THE ORIGINAL CONTRACT FOR 16 MILLION, WAS THERE A 5 OR 10% CONTINGENCY --

>> ACTUALLY WAS MUCH HIGHER.

I BELIEVE IT WAS IN THE NEIGHBORHOOD OF ABOUT A 20% CONTINGENCY.

>> COURAGE: SO THAT MEANS WE'VE OVERGONE THE ORIGINAL ESTIMATE BY OVER 20% IN EXPENSES?

>> NO, NO.

NO, NO.

>> COURAGE: WELL, THE CONTINGENCY --

>> THE CONTINGENCY WAS THERE BUT WE HAVE NOT REACHED THE CAPACITY AT ALL OF THE CONTINGENCY.

>> COURAGE: THEN WHY ARE WE ASKING FOR ANOTHER HALF A MILLION? WHY CAPITAL WE JUST -- CAN'T WE JUST TAKE IT OUT OF THE CONTINGENCY?

>> THAT'S WHAT WE INTEND ON DOING, TAKING IT OUT OF THE CONTINGENCY WHERE WE HAVE THE CAPACITY.

>> COURAGE: BUT --

>> BUT THE RECOMMENDATION WAS TO COME FORWARD TO

[00:15:01]

COUNCIL FOR REVIEW AND APPROVAL.

>> COURAGE: BUT WE COULD JUST TAKE IT OUT OF THE CONTINGENCY AND NOT ADD ANYTHING TO THE CONTRACT.

IS THAT CORRECT?

>> WELL, WE HAVE THE ORIGINAL CONTRACT AMOUNT AND THEN THERE WAS THE CONTINGENCY AMOUNT, AND THIS HALF MILLION DOLLARS IS COMING OUT OF THE CAPACITY WE STILL HAVE IN CONTI CONTINGENCY.

>> COURAGE: I DON'T QUITE UNDERSTAND, BUT THAT'S ALL THE QUESTIONS I HAVE RIGHT NOW.

THANK YOU.

>> OKAY.

THANK YOU.

>> MAYOR NIRENBERG: SHERYL?

>> YEAH, COUNCILMAN, LET ME GIVE IT A SHOT.

WE HAD AN ORIGINAL CONTRACT, AND SEPARATE FROM THE CONTRACT IS A CONTINGENCY AMOUNT.

THIS -- YES, SEPARATE FROM THE CONTRACT.

AND SO TO APPROVE THIS AMOUNT, THE APPROXIMATELY HALF A MILLION DOLLARS TODAY, REQUIRES COUNCIL APPROVAL, BUT THOSE DOLLARS WILL BE TAKEN FROM THE PROGRAMMED CONTINGENCY.

DOES THAT HELP?

>> COURAGE: I BELIEVE SO.

I USUALLY UNDERSTOOD, THOUGH, THAT MOST CONTRACTS HAVE CONTINGENCIES THAT ARE BUILT IN AND PART OF THE CONTRACT, AND THIS CONTINGENCY IS SEPARATE FROM THE CONTRACT.

>> TOM, DO YOU WANT TO ANSWER THAT QUESTION?

>> WELL, MY UNDERSTANDING, WE HAVE THE BASE CONTRACT AMOUNT, WHICH WE WOULD HOPE OR EXPECT TO REMAIN AT, WHICH WAS ROUGHLY A 15 -- $15 MILLION CONTRACT.

THEN WE HAD THE CONTINGENCY AMOUNT, AND WE WOULD HOPE AT THE END OF THE CONTRACT WE WOULD NEVER TOUCH THAT, AND THE CONTRACT FOR THE CONSTRUCTION AS DESIGNED, AS PLANNED, ON SCHEDULE, ON BUDGET, WOULD REMAIN IN THE CONTRACT AMOUNT ITSELF.

THEN WE HAVE THE OTHER LINE ITEM OR AREA OF THE CONTINGENCY TO ADDRESS THIS TYPE OF ITEM THAT WOULD COME UP.

>> MAYOR NIRENBERG: COUNCILWOMA?

>> VIAGRAN: THANK YOU.

CAN YOU JUST GIVE US THE PRESENTATION, PLEASE?

>> SURE.

>> VIAGRAN: THANK YOU.

>> SO WHAT I'LL DO, WE'LL HIGHLIGHT THIS.

JUST TO LET YOU KNOW, ON THE -- THESE PROJECTS WE HAVE FAA FUNDING THROUGH THE AIRPORT IMPROVEMENT PROGRAM, AND THE FAA GENERALLY ON THIS PROJECT ITSELF WILL COVER 75%, AND THEN THE AIRPORT SYSTEM AS THE SPONSOR IS RESPONSIBLE FOR 25% OF THE CONTRACT.

JUST TO SHOW YOU, GIVE YOU AN INDICATION OF THE AREA OF THIS CONTRACT, IT WAS PACKAGED 2 OF MULTI-YEAR PROJECT AND MULTI-GAP] OF WORK BEING DONE ON AN AIRFIELD, BUT THIS ONE IS JUST HIGHLIGHTED BY PACKAGE 2, AND YOU CAN SEE HIGHLIGHTED IN THE BLUE AREA OF WHERE THE WORK IS BEING COMPLETE -- CONSTRUCTED, AND IT HAS BEEN COMPLETED.

THE AREA WHERE THE UTILITY WAS DISCOVERED AND WORKING ON THIS CHANGE ORDER, WAS ON THAT BOTTOM SECTION OF THE BLUE STRIPE, ALONG THE BLUE VERTICAL, AND THAT'S WHERE THAT IMPACTED AREA WAS.

SO DUE TO THE -- AGAIN, AS YOU MENTIONED, WE HAD SOME IMPACTED SOIL, AND IN THE -- THEN THE UNFORESEEN UTILITY WORK.

WE RECEIVED A CLAIM FROM J3 ON BOTH THE SOIL AND THIS EXTRA UTILITY WORK.

IN THE CONTRACT THERE'S A DISPUTE RESOLUTION PROCESS.

WE FOLLOWED THAT PROCESS PER THE CONTRACT, AND WHAT THAT DID IS WE HAD A -- WE HAVE A CONSULTANT THAT HELPS US WITH THE PROJECT MANAGEMENT.

THEY COULD NOT COME TO, YOU KNOW, AN AGREEMENT OF THE TERMS ON THE CHANGE ORDER, SO THROUGH THE CONTRACT PROCESS IT GETS ELEVATED TO THE EXECUTIVE MANAGEMENT OF THE AIRPORT, AND I SAT ON TWO MEETINGS WITH THE CONTRACTOR AND OUR CONSULTANT BACK IN DECEMBER AND JANUARY, TWO MEETINGS IN DECEMBER OF 2017.

WE STILL DID NOT REACH, YOU KNOW, AN AGREEMENT OR A COMPROMISE, SO WE DID TAKE -- TAKE THIS TO THE NEXT STEP AND WENT THROUGH SOME MEDIATION.

AND OUT OF THAT MEDIATION BOTH PARTIES, THE CITY, THE AVIATION DEPARTMENT AND J3 AGREED TO SETTLE FOR THIS AMOUNT.

JUST SO YOU KNOW, INITIALLY THE J3 HAD INITIALLY COME IN AND HAD REQUESTED OVER A MILLION DOLLARS IN A CHANGE ORDER AND -- TO COME TO AN AGREEMENT FOR THE CHANGE ORDER, AND SO WE WERE ABLE TO MEET AS MUCH IN THE MIDDLE AT THAT 575.

SO WHAT THIS CHANGE ORDER, AGAIN WE MENTIONED, THE CONTINGENCY WAS ALREADY APPROPRIATED, AND WITH THIS CHANGE ORDER IT INCREASES THE CONTRACT FROM THE 15 MILLION FIVE TO THE 16 FIVE.

>> MAYOR, COUNCIL, JUST POINT OF CLARIFICATION, CONTINGENCIES OVER

[00:20:01]

$100,000 DO REQUIRE COUNCIL APPROVAL, SO THAT'S THE REASON WE'RE BRINGING THE ITEM TO YOU NOW.

>> VIAGRAN: THANK YOU VERY MUCH FOR THE PRESENTATION.

SO ON THE ONSET FOR THE ORIGINAL CONTRACT, IT WAS STILL 75% TXDOT AND THEN 25% CITY?

>> IT'S FAA.

>> VIAGRAN: I'M SORRY, FAA.

>> YEAH, STINSON HAS THE TXDOT AND WE HAVE FAA FUNDING AT 75%, YES.

>> VIAGRAN: AND SO WITH THESE CHANGE ORDERS IS THAT THE SAME, 75/25?

>> YES, YEAH, AND THE FAA, THEY'RE FAMILIAR WITH THESE TYPE OF RESOLUTIONS AND MOVING FORWARD AND CHANGE ORDERS, AND THEY'VE BEEN IN THE LOOP AND WE'VE BEEN COMMUNICATING WITH THEM.

>> VIAGRAN: SO WITH -- BECAUSE OF THOSE MEETINGS YOU WERE FIGHTING TO MAKE SURE THAT WE GOT THE BEST DEAL THAT WE COULD FOR THE CITY?

>> WE DID, AND THE FAA WOULD EXPECT US, THE AIRPORT OPERATOR, TO DO THAT.

>> VIAGRAN: TO DO THAT.

>> YES, MA'AM.

>> VIAGRAN: OKAY.

THANK YOU VERY MUCH.

AND I THINK WHAT COUNCILMAN COURAGE DID BRING UP ARE JUST THOSE NUANCES AND NEED FOR CLARIFICATION FOR US ON OUR PART, THAT THE DIFFERENCES OF THE CONTINGENCY AND THE ORIGINAL CONTRACTS AND WHEN THIS COMES FORWARD.

SO I THINK I'D LIKE TO SEE THAT KIND OF OUTLINED IN SOMETHING LIKE A MEMO, IF YOU COULD JUST GIVE US THE FLOW OF HOW THESE WORK, FOR CLARIFICATION.

BUT WITH THAT I SEE THAT WE -- THIS IS A NEED THAT WE NEED TO MOVE FORWARD, AND I MOTION TO APPROVE.

>> THANK YOU.

>> MAYOR NIRENBERG: ALL RIGHT.

THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NO. 10.

PLEASE VOTE.

MOTION CARRIES.

ITEM NO. 17.

>> ITEM NO. 17 IS AN ORDINANCE APPROVING A LICENSE AGREEMENT WITH ZAYO GROUP LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE USE OF CITY RIGHTS OF WAY FOR THE INSTALLATION OF TELECOMMUNICATIONS NETWORK.

>> MAYOR NIRENBERG: COUNCILMAN .

>> COURAGE: THANK YOU.

DO YOU HAVE A PRESENTATION ON THIS?

>> I DO HAVE ONE, YES.

>> COURAGE: I'D LIKE TO SEE THAT, THANK YOU.

>> SO WHAT I'D LIKE TO START WITH IS A QUICK SUMMARY OF BACKGROUND OF DIFFERENT TYPE OF RIGHT-OF-WAY AGREEMENTS THAT ARE IN PLACE HERE IN THE CITY, AND THEY FALL INTO FOUR BASIC CATEGORIES.

ONE FOLLOWS CHAPTER 66 OF THE UTILITY CODE, WHICH IS PRIMARILY FOR CABLE TELEVISION.

THE SECOND ONE IS CHAPTER 283, WHICH FOLLOWS PRIMARILY FOR PHONE PROVIDERS, AND THOSE ARE TWO REGULATED AREAS OF AGREEMENTS.

CHAPTER 284 LOCAL GOVERNMENT CODE IS FAIRLY NEW, S P-10 4 THAT'S COME UP AROUND SMALL CELL PROVIDERS AND THAT'S A THIRD CATEGORY WE USE.

THIS ITEM WE'RE HERE TO TALK TODAY TALKS IN THE FOURTH CATEGORY, GENERAL LICENSE AGREEMENTS AS WE GO FORWARD, AND TRADITIONALLY UNDER LICENSE AGREEMENTS IT'S A PROVIDER WHO'S LAYING GAP] FOR THEIR USE, PRIMARILY, AND THERE'S A PROCESS PUT IN PLACE, THEY'RE A CERTIFIED TELECOMMUNICATIONS PROVIDER AND THEY WORK WITH THE PUBLIC UTILITIES COMMISSION AND THAT LINE IS EITHER IN THE GROUND OR IN THE AIR AND THERE'S A FEE ASSOCIATED WITH RIGHT-OF-WAY ACCESS OVER THAT.

AND THAT'S BEEN FACIAL TRADITIONAL AS WE GO -- TRADITIONAL AS WE GO FORWARD.

A COUPLE OF THINGS HAVE HAPPENED RECENTLY WHERE WE STARTED TO SEE PROVIDERS PUT FIBER ON THE GROUND AND IN THE AIR THAT IS FOR RESALE PURPOSES, NOT FOR THEIR OWN PRIMARY USE.

AND THAT TYPE OF ARRANGEMENT HASN'T FIT NEATLY INTO ANY OF THESE CATEGORIES.

AND SO LAST YEAR I BELIEVE IT WAS LATE '17, WE HAD A CONVERSATION WITH GOOGLE AS AN OPPORTUNITY FOR THIS, AND SO THE CITY COUNCIL APPROVED AN ORDINANCE LAST YEAR FOR A RIGHT-OF-WAY LICENSE AGREEMENT WITH GOOGLE FOR THEM TO PAY 3% OF THEIR REVENUES BASED ON THE RESELLING OF THEIR SERVICES IN THAT SENSE.

SO THERE'S BEEN A GAP KIND OF IN THE ARRANGEMENTS AS WE GO FORWARD.

SO ZAYO IS THE SECOND FIRM THAT'S COME FORWARD WITH A SIMILAR TYPE OF ARRANGEMENT THAT DOESN'T FIT THOSE TRADITIONAL CATEGORIES, AND WHAT WE'VE DONE IS BROUGHT FORWARD A PROPOSAL TO USE THE SAME MODEL THAT WE USED WITH GOOGLE FOR ZAYO AS THEY COME IN FOR THE RESALE OF THEIR SERVICES AS THEY GO FORWARD.

MY APOLOGY.

SO THE CITY DOESN'T RECEIVE ANY COMPENSATION TODAY FOR THAT TYPE OF RESALE MODEL.

THAT'S WHY THE 3% REVENUE MODEL WAS PUT IN PLACE WITH GOOGLE AND THAT'S WHAT WE'RE USING TO GO FORWARD.

SO OUR -- WE NEGOTIATED A LICENSE AGREEMENT WITH SAIRO, COMPENSATION OF 3% OF GROSS REVENUES FOR THOSE SERVICES THAT ARE OUTSIDE OF THOSE OTHER CATEGORIES SPECIFICALLY, AND WE HAVE THE OPPORTUNITY TO SET A 20-YEAR TERM WITH FIVE-YEAR RENEWAL POLICIES, AND WE HAVE THE OPPORTUNITY TO ON A FIVE-YEAR BASIS, TO AUDIT THESE REVENUES AS WELL.

THIS LAST SLIDE OF INFORMATION IS JUST SOME EXAMPLES OF THE OTHER COMPENSATION RATES FOR THOSE

[00:25:02]

OTHER CATEGORIES.

THEY WERE USED -- AGAIN, THOSE WERE ALL REGULATED IN THAT SENSE BUT THEY'RE USED AS A BASIS OF HOW WE COME UP WITH 3% OF REVENUE FOR GOOGLE AND FOR THIS ONE FOR ZAYO.

AND THAT'S MY PRESENTATION.

>> I HAVE A QUESTION.

HOW LONG HAS ZAYO BEEN LAYING LINES IN SAN ANTONIO?

>> OH, JOHN, DO YOU WANT TO HELP ME WITH THAT ONE? JOHN HAS BEEN -- JOHN IS OUR IT OPERATIONS BUT HE'S BEEN HERE FOR A WHILE WORKING --

>> SURE, AND I DO BELIEVE IT PROBABLY WOULD BE BETTER FOR US TO GO AHEAD AND COLLECT THAT INFORMATION FOR YOU AND SEND IT OVER.

I'M NOT EXACTLY SURE ON --

>> COURAGE: ARE THEY LAYING LINES PRESENTLY?

>> THEY HAVE BEEN LAYING LINES IN THE SAN ANTONIO AREA, YES.

>> COURAGE: HAVE WE GIVEN THEM A LICENSE TO DO THAT?

>> SO --

>> GO AHEAD.

>> I MEAN, WE'RE TALKING ABOUT THE PUBLIC EASEMENTS, AND DON'T YOU USUALLY HAVE TO GET PERMISSION AHEAD FROM COUNCIL TO USE PUBLIC EASEMENTS?

>> IN TCI WE HAVE A RIGHT-OF-WAY PERMIT THAT EVERYBODY THAT USES THE RIGHT-OF-WAY NEEDS TO GET AHEAD OF ANY WORK.

SO ZAYO HAS BEEN PULLING PERMITS FOR ABOUT THREE YEARS IN SAN ANTONIO.

>> OKAY.

SO IT DIDN'T HAVE TO COME TO COUNCIL FOR THAT KIND OF APPROVAL FOR SOMETHING LIKE THAT?

>> SIMPLY TO WORK IN THE RIGHT-OF-WAY, DEVELOPERS, CONTRACTORS, YOU KNOW, OTHERS, UTILITIES, SO FORTH, CAN USE THE RIGHT-OF-WAY.

IF THERE'S OTHER CONDITIONS THAT A LICENSE OR SOMETHING LIKE THAT, THAT'S DIFFERENT, BUT FOR OUR RIGHT-OF-WAY PERMIT THEY PULL THAT PERMIT AND THEN WE KNOW IF THERE'S ANY ISSUES WITH WHERE THEY'RE DOING THE WORK, HOW THE TRAFFIC CONTROL IS SET UP AND SO FORTH.

>> COURAGE: SO I GUESS WE'RE SAYING AFTER THE FACT WE'VE UNDERSTOOD WHAT THEY WANT TO DO AND WE'RE TRYING TO GET SOME LICENSING FEES FROM THEM?

>> SO IF I MAY, ZAYO IS A CERTIFICATED TELECOMMUNICATIONS PROVIDER.

I BELIEVE THEY FILED UNDER CHAPTER 283.

NOW, AS PART OF THAT, THEY ARE ACTUALLY ALLOWED ACCESS TO THE RIGHT-OF-WAY.

HOWEVER, THE INTENT IS AT SOME POINT IN TIME, ONCE THEY'VE COMPLETED THEIR BUILD, THAT THEY DO START POSTING REVENUE THAT WOULD BE PAID TO THE CITY OF SAN ANTONIO, AND PERMITS ARE ALLOWED TO BE ASSIGNED UNDER THAT -- UNDER THAT AUTHORITY.

>> MAYOR NIRENBERG: COUNCILMAN -

>> I THINK AT SOME POINT IN TIME --

>> MAYOR NIRENBERG: WE HAVE A COMMENT BY THE CITY ATTORNEY.

ANDY, GO AHEAD.

>> I WANTED TO CLARIFY THAT FIRST OF ALL WE WEREN'T AWARE THAT -- WHEN I SAY WE, THE CITY WASN'T AWARE THAT ZAYO WAS LAYING LINES WITHOUT PAYING UNDER A LICENSE AGREEMENT.

WHEN WE BECAME AWARE OF THAT, WE INSTRUCTED THE CITY -- OR WE ADVISED THE CITY TO STOP ISSUING PERMITS TO ZAYO UNTIL THEY CAME AND NEGOTIATED A LICENSE AGREEMENT WITH THE CITY.

IT IS THE CONTENTION OF ZAYO AND OTHER SIMILARLY SITUATED PROVIDERS THAT THEY HAVE NO OBLIGATION TO PAY THE CITY, AND IT WASN'T UNTIL WE STOPPED ISSUING PERMITS THAT THEY CAME TO THE TABLE AND NEGOTIATED AN AGREEMENT.

I JUST WANTED TO MAKE SURE EVERYBODY UNDERSTOOD THAT TIMELINE.

>> AND I WANT TO -- I DID WANT TO JUST NOT -- NOT TO CLARIFY ANY AT ALL WHAT THE CITY ATTORNEY HAD MENTIONED, BUT THE FACT THAT WE HAD BEEN ISSUING PERMITS THAT HAD BEEN ACTUALLY ALLOWED WITHIN THE PROCESS, WITH THE EXCEPTION OF EVENTUALLY THEY DO HAVE TO COME BACK AND PROVIDE FEEDBACK ON REVENUES THAT THEY'D BE PAYING TO THE CITY, AND WHEN THEY WEREN'T DOING THAT, WE ACTUALLY DID BRING THEM IN, START TALKING TO THEM ABOUT WHAT THEY WERE DOING, HOW THEY WERE DOING BUSINESS AND HOW THAT DIRECTLY RELATED TO RATES THAT THEY WOULD BE PAYING TO THE CITY.

>> COURAGE: OKAY.

A COUPLE OTHER THINGS I NOTICED IS THAT THE FORECAST IS FOR ABOUT $20,000 A YEAR?

>> YEAH --

>> COURAGE: WHAT'S THAT BASED ON?

>> IT'S NOT A FAIR FORECAST AT THIS TIME.

>> COURAGE: OH, OKAY.

>> THERE ARE WILDLY DIFFERENT OPPORTUNITIES FOR FORECAST, AND IT'S DEPENDENT UPON THEIR GROWTH AND THEIR CUSTOMERS.

ZAYO'S IS PRY 345ER8 A -- PRIMARILY A COMMERCIAL CUSTOMER, SO THEY MAY HAVE A FEW LARGE COMMERCIAL PROVIDERS.

IT MAY TAKE A FEW YEARS TO GENERATE THE REVENUE.

>> COURAGE: BUT WE HAVE AN UNDERSTANDING -- UNDERSTANDABLE AGREEMENT NOW WITH THEM SO THAT WE CAN MONITOR THAT AND WE'LL UNDERSTAND EXACTLY WHAT THOSE LICENSE FEES SHOULD BE?

>> YES, AND IT GIVES US AN OPPORTUNITY TO STOP AND AUDIT THEM AND SEE WHAT THEIR REVENUE FORECASTS ARE.

>> COURAGE: OKAY.

THANK YOU.

I HAVE NO FURTHER QUESTIONS.

>> MAYOR NIRENBERG: THANK YOU, COUNCILMAN COURAGE.

COUNCILWOMAN VIAGRAN.

>> VIAGRAN: THANK YOU.

SO HOW MANY OTHER TELECOM

[00:30:02]

THINGS ARE DOING THIS RIGHT NOW?

>> YEAH, IT'S --

>> VIAGRAN: GOOGLE FIBER CAME TO US, I REMEMBER WHEN THAT HAPPENED, THAT LICENSE AGREEMENT AND WE MADE SURE THAT ANYBODY COULD COME STILL.

SO HOW MANY MORE ARE DOING THIS HERE IN THE CITY? HAVE YOU ALL STOPPED HAVING OTHERS --

>> MAY I SUGGEST MIKE FRISBIE, REMEMBER WE SET UP THE OFFICE TO MANAGE THE RIGHT-OF-WAY WITH ALL OF THE CABLE AND FIBER PROVIDERS?

>> VIAGRAN: YES.

>> TWO YEARS AGO WHEN GOOGLE CAME INTO THE COMMUNITY.

MIKE?

>> YEAH, THERE'S APPROXIMATELY FIVE OR SIX COMPANIES THAT ARE LAYING THE TELECOMMUNICATION FIBER THROUGHOUT THE CITY, BUT THREE OF THEM ARE THE MOST ACTIVE, I WOULD SAY, YOU KNOW, BETWEEN AT&T, GOOGLE AND ZAYO'S WORKING AS WELL.

THERE'S A COMPANY CALLED CON TARA THAT'S DOING A LOT OF WORK FOR THE SCHOOL SCHOOL DISTRICTS AND THAT IMPACTS THE RIGHT-OF-WAY SOME AS WELL.

>> VIAGRAN: DO THEY ALL HAVE LICENSE AGREEMENTS AND ARE WE COLLECTING THAT AND DID THAT HAVE TO COME TO COUNCIL? BECAUSE WHEN DID THAT HAPPEN? WHEN DID IT COME TO COUNCIL WITH THOSE LICENSE AGREEMENTS?

>> IF I MAY, THEY HAVE NOT COME TO COUNCIL YET, AND THE INTENT OF THIS IS AS PART OF THE DEPLOYMENT OF THE FIBER TEAM AND TCI, THAT WAS ACTUALLY ONE OF THE THINGS THAT WE WERE GOING TO BE LOOKING AT IS WHO'S DOING WORK, UNDER WHAT AUTHORITY ARE THEY DOING WORK, AND THEN ONCE WE IDENTIFY THESE TYPES OF COMPANIES, TO BRING THEM IN, TALK TO THEM AND ESTABLISH WHAT LICENSE AGREEMENT THEY'RE WORKING UNDER, AND ONCE WE'VE DONE THAT -- AND IN THIS PARTICULAR CASE FOR ZAYO WE DETERMINED THEY WEREN'T WORKING UNDER A LICENSE AGREEMENT THAT WE FELT WAS APPROPRIATE.

WE BROUGHT THEM IN.

WE WERE ABLE TO DEVELOP THAT AGREEMENT.

SO OUR INTENT IS TO DO THAT AS WE -- AS TCI ISSUES PERMITS, AND WE ACTUALLY HAVE A PROCESS IN PLACE FOR THAT.

>> COURAGE: SO OF COURSE GOOGLE HAS RECEIVED APPROVAL FROM THE CITY COUNCIL IN THE PAST.

AT&T HAS ALREADY AN AGREEMENT WITH THE CITY IN PLACE FOR THEIR WORK, SO ANY -- ANY TELECOM THAT NEEDS A CERTAIN LICENSE OR PERMIT APPROVED BY COUNCIL, IF THEY DON'T HAVE IT IT WILL BE PENDING BUT I'M NOT AWARE OF ANY THAT AREN'T RIGHT NOW.

>> AS WE KNOW, ALL OTHERS FIT UNDER THESE CURRENT CATEGORIES THAT I EXPLAINED.

ZAYO IS THE ONE WE'RE WORKING WITH THAT IS IN THE GAP.

>> VIAGRAN: SO WE ONLY HAVE THIS ONE THAT YOU KNOW OF --

>> THAT WE KNOW OF AT THIS TIME.

>> VIAGRAN: BUT YOU ALL ARE DOING YOUR DUE DILIGENCE TO FIND OUT IF ANYTHING ELSE IS HAPPENING?

>> BETWEEN IT AND TCI WE HAVE THE PULSE OF ALL THE PROVIDERS OUT THAT LAYING F.B.I. IR.

>> VIAGRAN: GREAT TO HEAR YOU.

AND BECAUSE YOU'RE BOTH HERE I ALSO WANT TO REMIND YOU THAT SOMETHING THAT -- THAT THEY ALWAYS -- THE RESIDENTS ALWAYS TELL US IS THEY NEED TO MAKE SURE THAT WHOEVER IS GOING OUT THERE AND DOING THE MICROTRENCHING OR WHATEVER, LAYING DOWN THESE FIBERS IN THE RIGHT-OF-WAY, THAT THEY TELL THE RESIDENTS IN THE NEIGHBORHOOD THAT THEY'RE APPROPRIATELY -- THEY HAVE THEIR UNIFORM OR WHAT HAVE YOU, BECAUSE THAT IS MANY OF THE CALLS THAT WE'VE BEEN GETTING.

SO I KNOW THAT THAT'S PART OF THE PREREQUISITES WHEN THEY GO IN AND THEY MEET WITH YOU.

IS THAT CORRECT?

>> THAT IS CORRECT.

AS WE WORKED THE LAST YEAR AND PRESENTED TO YOU ALL AS WELL, THERE'S A COMMUNICATION PROTOCOL NOW IN ADVANCE OF ANY WORK.

THEY ALSO HAVE TO IDENTIFY THEMSELVES AND THE JOB SITE.

SO BETWEEN THEIR UNIFORMS AND THEIR VEHICLES, THEIR SIGNAGE, THEY HAVE TO SAY WHO THEY ARE AND WHO THEY'RE DOING WORK FOR, IF THEY'RE A CONTRACTOR WORKING FOR AT&T OR GOOGLE, THAT WILL BE CLEARLY SHOWN WITH THE PHONE NUMBER.

>> VIAGRAN: CONTRACTOR OR SUBCONTRACTORS OR WHAT HAVE YOU?

>> EXACTLY.

>> VIAGRAN: ALL RIGHT.

WELL, THANK YOU VERY MUCH FOR THAT, AND I MOTION TO APPROVE.

>> MAYOR NIRENBERG: THERE'S A MOTION AND A SECOND FOR APPROVAL OF ITEM NO. 17.

COUNCILMAN BROCKHOUSE?

>> BROCKHOUSE: THANK YOU, MAYOR.

MY QUESTION IS JUST -- I GET TO GO BACK -- MIKE, THESE CONTRACTS AND STUFF LIKE THAT, ARE WE TAKING THESE -- SO WE'RE GIVING THESE PERMITS, THESE ARE PROFIT-MAKING ITEMS FOR AT&T, ZAYO AND EVERYBODY.

ARE WE INCLUDING CUSTOMER SERVICE AND QUALITY OF WORK WITHIN OUR ABILITY TO REVOKE THEIR PERMIT IF NECESSARY?

>> YES.

THE RIGHT-OF-WAY PERMIT IS CLEAR TO THAT, AND WE -- IT IS REVOCABLE.

IT ALSO HAS A SCHEDULE ASSOCIATED WITH IT THAT IF THEY GO PAST THAT SCHEDULE, THEN THERE'S PENALTIES ASSOCIATED WITH THAT AS WELL.

>> BROCKHOUSE: THAT'S MARCUS WHO'S HANDLING --

>> YEAH, MARCUS HAMMER.

>> BROCKHOUSE: I BRING IT UP BECAUSE HALF OF THOSE -- SPECIFICALLY AT&T, THEY DO TERRIBLE WORK, AND WE'VE COMPLAINED ABOUT IT MULTIPLE TIMES, OF DESTROYING NEIGHBORHOODS, CRACKING SIDEWALKS.

GOOGLE IS ACTUALLY VERY RESPONSIVE AND A COUPLE OTHERS -- ZAYO DOES PARTICULARLY WELL UP AND DOWN, THEY'RE -- AT&T IS RANSACKING NEIGHBORHOODS, AND IF GOOGLE IS COMING INTO YOUR COMMUNITY YOU HAVE TO BE AWARE -- IF THEY'RE NOT DELIVERING THE SERVICE

[00:35:01]

LEVELS I WOULD HOPE THAT WE ARE CUTTING OFF THEIR PIPELINE OF ANY ABILITY TO DO WORK OR ANY TRENCHING ANYWHERE IN THE CITY, OR AT LEAST IN DISTRICT 6, BECAUSE IT GETS PRETTY BAD.

AND THEIR QUALITY OF WORK NEEDS TO BE HELD ACCOUNTABLE PLUS THEIR SERVICE WORK -- THEY DON'T PAY ATTENTION, DO WHAT THEY WANT.

AT&T IS DOING SOMETHING DIFFERENT WITH THEIR FIBER PIECE.

GOOGLE HAS A SLIGHTLY DIFFERENT PROCESS AND THEIR RESPONSE IS GOOGLE HAS A LOCAL REPRESENTATIVE FOR MY COLLEAGUES.

THEY MAY HAVE ALREADY TALKED THEY HAVE SOMEBODY THAT REPRESENTS THEM THAT'S ON THE GROUND QUICKLY, BUT WITH AT&T IT'S LIKE DEALING WITH, YOU KNOW, A BLACK HOLE TRYING TO GET A QUICK RESPONSE OUT OF THAT.

SO I WANTED TO MAKE SURE I RAISED THOSE CONCERNS, THAT THOSE OF US THAT ARE IN THE MIDDLE OF THIS INSTALLATION AND HAVING GOING THROUGH THIS THE LAST YEAR.

MARCUS KNOWS IT BUT I WANTED IT ON THE RECORD FOR MYSELF AND MY COLLEAGUES AS WELL THAT THESE THINGS HAVE A TENDENCY TO GET OUT OF HAND QUICKLY.

NOBODY IS FOLLOWING UP ON THEM.

IF THERE'S A PROFITABILITY ON THESE TYPES OF RIGHT-OF-WAY ISSUES THAT WE CAN REVOKE THEM IF NECESSARY AND ENSURE THEY'RE FOLLOWING THE RULES OF THE NEIGHBORHOODS MORE THAN ANYTHING.

>> WE CAN ALSO WORK VERY CLOSELY WITH AT&T'S GOVERNMENT RELATIONS STAFF THAT WE WORK WITH TO TRY TO MAKE A DIFFERENCE THERE.

SO I'LL TALK TO MARCUS MORE ABOUT THE NEED TO ESCALATE HERE LOCALLY RATHER THAN TRYING TO WORK THROUGH --

>> BROCKHOUSE: MARCUS DOES WELL WITH IT.

HE'S GOT DIFFICULTY WITH SOME OF THE PROVIDERS, BUT THE WORDS I'M USING, WRECK IT, DESTROY IT, THOSE ARE NEIGHBORHOOD WORDS.

NOT GREG'S WORDS.

THOSE ARE WORDS DIRECTLY FROM THE RESIDENTS THAT I REPRESENT.

THEY'RE NOT VERY HAPPY FOR THE SERVICE LEVEL FROM TWO OF THOSE PROVIDERS BUT IT'S BEEN DELIVERED UP TO MARCUS.

I WANTED TO BE SURE I GOT IT ON THE RECORD AND MY COLLEAGUES KNEW THERE ARE A LOT OF DIFFICULTIES WITH INSTALLATIONS LIKE THIS WHEN IT COMES INTO THEIR COMMUNITIES.

THANK YOU, THANK YOU, MAYOR.

>> MAYOR NIRENBERG: THANK YOU, COUNCILMAN BROCKHOUSE.

COUNCILMAN PERRY?

>> PERRY: THANK YOU, SIR.

JUST A COUPLE OF QUESTIONS.

HOW LONG HAVE THEY BEEN INSTALLING THEIR PRODUCTS IN THE EASEMENTS?

>> ZAYO?

>> PERRY: YES.

>> APPROXIMATELY THREE YEARS.

>> PERRY: DO WE KNOW WHAT THEY HAVE PUT INSOFAR UP-TO-DATE?

>> WE HAVE THAT DOCUMENTED, YES.

>> PERRY: SO WE FOR SURE KNOW WHAT THEY'VE PUT IN.

IS THIS CONTRACT RETROACTIVE TO CAPTURE EVERYTHING THAT THEY'VE ALREADY PUT IN?

>> SO THEY HAVE ALWAYS SUBMITTED FOR PERMITS, AND THEY'VE RECEIVED THOSE PERMITS.

THEY JUST -- THE ISSUE WAS THE REVENUE SHARE PIECE, THAT THEY HAD A DISPUTE WITH THE CITY ON.

SO WE HAVE ALL THEIR PERMITS, DOCUMENTATION OF EVERYTHING THAT THEY'VE PUT IN.

>> PERRY: OKAY.

>> THAT WAS A QUESTION, THEN, YOU KNOW, SOMETIME AGO THEN WE BROUGHT THEM IN COLLECTIVELY WITH OUR LEGAL DEPARTMENT TO SAY, HEY, WE NEED TO GET THIS WORKED OUT.

AND SO THAT'S THE RESOLUTION NOW.

>> PERRY: SO IT IS RETROACTIVE TO CAPTURE EVERYTHING THAT THEY HAVE DONE IN THE PAST AND EVERYTHING THAT THEY'LL DO IN THE FUTURE?

>> YES.

>> SO THE INTENT IS TO LOOK AT THEIR ANNUAL REVENUES FROM WHEN THEY STARTED, YES.

>> PERRY: ALL RIGHT.

AND WE HAVE PLANS FOR -- TO GO BACK AND TAKE A LOOK AT THESE OTHER COMPANIES AS WELL THAT ARE ALSO DOING --

>> WELL, ANY COMPANY THAT'S LAYING FIBER UNDER AN EXISTING FRANCHISE AGREEMENT FOR THEIR OWN USE IS ALREADY COVERED UNDER THAT FRANCHISE AGREEMENT, BUT ANY NEW COMPANY THAT COMES IN IN THIS GAP WHERE THEY'RE ACTUALLY LAYING THE FIBER FOR RESELL, AS WE LEARN OF THOSE WE WILL BRING THEM BACK AS PART OF THE SAME KIND OF PROPOSAL.

>> PERRY: OKAY.

GREAT.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, COUNCILMAN PERRY.

COUNCILMAN COURAGE?

>> COURAGE: YES, THANK YOU.

ANOTHER QUESTION, THE PROJECTED INCOME, WHAT WILL THAT BE DEDICATED TO? I KNOW THESE OTHERS HAVE SPECIFIC AREAS THEY MUST GO TO, BUT HOW ABOUT THIS INCOME? WHAT WILL IT BE DEDICATED TO?

>> SO THESE LICENSE AGREEMENTS, THE REVENUES ARE TYPICALLY SMALL BUT THEY'RE DEPOSITED DIRECTLY INTO THE ITSD FUND, SO THEY GO TO SUPPORT OUR OVERALL ITS INFRASTRUCTURE.

>> SO THIS PARTICULAR ONE FROM SAIRO -- ISN'T THAT PART OF THE GENERAL FUND?

>> THE FRANCHISE FEES, THE CABLE FRANCHISE FEES, YOUR CTP FEES, THE ACCESS LINE FEES FROM THEIR RETAIL PROVIDER, ALL OF THOSE GO INTO THE GENERAL FUND.

THESE KINDS OF ONE-OFF LICENSE AGREEMENTS THAT ARE FILLING IN GAPS, THESE SMALLER DOLLARS WERE GOING INTO THE ITDS FUND.

>> I WONDER IF WE MIGHT BE ABLE TO DIRECT THOSE FUNDS TOWARD TRYING TO EXPAND DIGITAL SERVICE INTO AREAS THAT DON'T HAVE IT INSTEAD OF THROWING IT INTO OUR ITSD FUND, HOW ABOUT SETTING UP A DEDICATED FUND THAT OVER A FEW YEARS WE CAN START PROVIDING MORE TECHNOLOGY, HOOK-UPS FOR PEOPLE IN PARTS OF THE COMMUNITY THAT SIMPLY AREN'T GETTING IT.

>> WE COULD LOOK AT THAT.

THE CHALLENGE IS THE LAST TIME I LOOKED, THE AMOUNT OF REVENUE IS NOT A LOT, AND OF COURSE UNDER THIS CONTRACT, IF APPROVED TODAY, WE'LL ADD THAT TO OUR LIST, PROBABLY GET WITH KEVIN BARTHEL.

THIS SHOULD BE ONE WE WOULD

[00:40:02]

GO AND AUDIT BECAUSE IT'S A LITTLE BIT -- AS YOU'VE HEARD FROM THE CONVERSATION TODAY, IF YOU GO BACK 20 YEARS AGO WE HAD FRANCHISE AGREEMENTS AND LICENSE AGREEMENTS FOR ALL OF THIS TYPE OF STUFF.

OVER TIME, EITHER THROUGH FEDERAL LAW OR STATE LAW, THAT HAS CHANGED AND BECOME A STATEWIDE OR A FEDERAL ISSUE SO WE DON'T HAVE ANY -- WE DON'T HAVE THE ABILITY TO EVEN PUT THEM INTO AN AGREEMENT.

SO IN THIS CASE ZAYO'S IS A CERTIFICATE TELECOMMUNICATIONS PROVIDER.

THEY BELIEVE THROUGH THAT STATE STATUTE THEY HAVE ACCESS TO THE RIGHT-OF-WAY.

AS WE LOOK AT SOME OF THEM AND THEY DON'T ARE CUSTOMER, OUR POINTS IS YOU MAY BE CERTIFICATED WITH THE STATE BUT YOU AREN'T PROVIDING ANY COMPENSATION FOR THAT USE OF THE RIGHT-OF-WAY, LIKE THE OTHER CTPS ARE.

SO WE'RE TRYING TO FILL A GAP HERE.

THERE'S A WIDE SPACE HERE BUT I CAN GET YOU THAT REVENUE NUMBER.

IT'S NOT A SIGNIFICANT AMOUNT.

>> COURAGE: WELL, I WOULD HOPE WE MIGHT BE ABLE TO REDIRECT THAT TO A MORE CONSUMER-BASED AREA THAT WE CAN PROVIDE MORE SERVICES, MAYBE MORE TO THE LIBRARIES FOR THEIR TECHNOLOGY OR MORE TO, YOU KNOW, EXPANDING TECHNOLOGY, IN UNDERSERVED COMMUNITIES.

SO I'D LIKE US TO CONSIDER WITH THIS FUNDING AS IT PROJECTS TO MAYBE SET UP A FUND FOR THAT PURPOSE.

>> AND JUST TO CLARIFY AS WELL, THE ITSD FUND DOES PROVIDE SERVICE TO THE ENTIRE ORGANIZATION, SO THAT INCLUDES THE LIBRARIES, ALL OF OUR FACILITIES.

THAT'S WHERE ALL OF OUR IT STRUCTURE IS PAID FOR FOR THE MOST PART, AND OF COURSE IT'S AN INTERNAL SERVICE FUND WHICH ESSENTIALLY MEANS AT THE END OF THE DAY WE CHARGE IT BACK BASED ON WHO'S USING THE SERVICE.

WE CHARGE IT TO THE DEPARTMENT SO THEY'RE BASICALLY PAYING A SERVICE TO HAVE THAT INFRASTRUCTURE SUPPORTED, THE TECHNOLOGY IN PLACE.

SO INDIRECTLY OR I GUESS DIRECTLY THROUGH THE FUND IT'S GOING IN TO SUPPORT WHAT WE DO AS AN ORGANIZATION.

>> I UNDERSTAND.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, COUNCILMAN COURAGE.

>> COURAGE: I'D LIKE TO MOVE THE QUESTION -- I'M SORRY.

>> MAYOR NIRENBERG: SHERYL?

>> BEN JUST ANSWERED THE QUESTION, SERVICING TECHNOLOGY IN THE DEPARTMENTS, AND COUNCILMAN COURAGE, YES, WE'LL PRESENT THAT AS PART OF THE BUDGET THIS YEAR IN ANSWER TO YOUR QUESTION ON HOW THE FUND IS FUNDED, EXACTLY WHAT THOSE DOLLAR AMOUNTS ARE, AND IT'S PROBABLY TIMELY TO GIVE THE COUNCIL AN UPDATE ON WHERE WE ARE WITH THE FIBER BEING LAID IN THE COMMUNITY.

FOR THE PAST THREE YEARS THIS HAS BEEN A HUGE EFFORT.

WE CREATED MARCUS HAMMER'S UNIT SPECIFICALLY TO ADDRESS THE COMPLAINTS THAT WE RECEIVE THROUGHOUT THE COMMUNITY.

COUNCILWOMAN VIAGRAN PROBABLY RECALLS THAT SOME OF THE FIRST COMPLAINTS ABOUT ZAYO WERE FROM YOUR DISTRICT IN DISTRICT 3.

SO WE'LL GIVE YOU A COMPLETE UPDATE AND TALK ABOUT THE BUDGET RAMIFICATIONS AS PART OF THE PRESENTATION IN AUGUST.

>> MAYOR NIRENBERG: GREAT.

THANK YOU, SHERYL.

AND I'LL JUST SAY BEFORE WE GO TO THE QUESTION, BEN, YOU AND I HAVE HAD CONVERSATIONS ABOUT THIS OVER THE PAST COUPLE OF YEARS AS IT RELATES TO OUR SMART CELL AGREEMENTS, AND WHERE THAT REVENUE DOES GO.

SO I WOULD TELL MY COLLEAGUE COUNCILMAN COURAGE I THINK YOU'RE SPOT ON.

THE INTENT BEHIND THESE FUNDS, EVEN THOUGH SMALL IS IF THEY CONTINUE TO BUILD OUT OUR OWN PUBLIC SERVICE AS IT RELATES TO THE INFRASTRUCTURE, SO LONG AS WE CAN, BECAUSE THE LEGISLATURE AND THE FEDERAL GOVERNMENT CONTINUE TO LOOK FOR WAYS TO PREEMPT THE LOCAL GOVERNMENTS FROM ACQUIRING THIS REVENUE IN THE FIRST PLACE.

SO GOOD QUESTION, AND I LOOK FORWARD TO THE REPORT, SHERYL.

ALL RIGHT.

WE HAVE A MOTION AND A SECOND FOR APPROVAL OF ITEM NO. 17.

PLEASE VOTE.

MOTION CARRIES.

ITEM NO. 18.

>> ITEM NO. 18 IS AN ORDINANCE APPROVING A DONATION AGREEMENT WITH PRIDE SAN ANTONIO, ACCEPTING $19,832.24 FOR THE INSTALLATION OF A RAINBOW-THEMED CROSSWALK, FOUR TOTAL FOR THE INTERSECTION, AT NORTH MAIN AVENUE AND EAST EVERGREEN STREET, LOCATED IN COUNCIL DISTRICT 1.

>> MAYOR NIRENBERG: COUNCILMAN .

>> TREVINO: THANK YOU, MAYOR.

ART, DO WE HAVE A PRESENTATION?

>> YES, WE DO, COUNCIL.

>> OKAY.

PLEASE.

>> SO THE MOTION HERE TODAY IS TO ACCEPT A DONATION AGREEMENT FROM PRIDE SAN ANTONIO IN THE AMOUNT OF $19,832.24, TO GO TOWARDS THE INSTALLATION OF A RAINBOW-THEMED CROSSWALK.

THE LOCATION YOU CAN SEE HERE ON THE SCREEN, IT'S AT THE INTERSECTION OF NORTH MAIN AND EVERGREEN, WHICH IS JUST A FEW BLOCKS NORTH OF DOWNTOWN.

A LITTLE BIT OF BACKGROUND INFORMATION.

BACK IN JUNE OF 2017 A COUNCIL CONSIDERATION REQUEST WAS SUBMITTED BY TREVINO FOR INSTALLATION OF A PRIDE THEME CROSSWALK.

THERE WAS DISCUSSION AT THE GOVERNANCE COMMITTEE AND ULTIMATELY THEY APPROVED A PILOT TO INSTALL THIS CROSSWALK.

ALSO NOTED IN THAT APPROVAL WAS THAT THIS WOULD BE THE ONLY ARTISTI ARTISTIC CROSSWALKS PART OF THAT PILOT PROGRAM.

YOU CAN SEE HERE ON THE SCREEN THE CONDITION OF THE

[00:45:02]

EXISTING CROSSWALKS, THEY REALLY ARE NONEXISTENT.

THE ONE THERE ON NORTH MAIN WAS INSTALLED BACK IN 2014, I BELIEVE, BUT THE OTHER CROSSWALKS THERE HAVE BEEN WORN AWAY OVER TIME.

GIVEN THAT CASE, THE CITY WILL BE PUTTING FORTH THE COST OF A STANDARD CROSSWALK TOWARDS THIS INITIATIVE, SO WE'LL BE COVERING THE COSTS AND I'LL SHOW THE AMOUNT HERE IN A MINUTE, TOWARDS THE NORMAL WHITE CROSSWALKS, AND WE'VE DONE A RECONNAISSANCE ON THE ISSUES AND DEVELOPED THAT COST, AND PRIDE SAN ANTONIO THE CONTRIBUTE THE COSTS TOWARD THE COLORED PORTION OF THE RAINBOW-THEMED CROSSWALK.

THROUGH THE PILOT PROGRAM, WHAT WE'LL BE DOING IS COLLECTING DATA OVER WHAT WE'RE ANTICIPATING AS A SIX-MONTH PERIOD.

WE'LL LOOK AT THINGS, YOU KNOW, ARE THERE MAINTENANCE REQUESTS, IS THERE VANDALISM TOWARDS IT, WILL THERE ALSO BE -- YOU KNOW, WE'LL LOOK AT ANY CRASH DATA AND COMPARE THAT TO HISTORIC DATA THAT WE HAVE FOR THIS LOCATION, AND THEN ULTIMATELY WE'LL REPORT BACK THE FINDINGS TO THE TRANSPORTATION COMMITTEE.

SIMULTANEOUSLY WE'LL BE DEVELOPING A PROCESS TO ALLOW FUTURE ARTISTIC CROSSWALKS AS WELL, AND THAT WILL BE DISCUSSED WITH THE TRANSPORTATION COMMITTEE.

SO THE TIMELINE FOR THE PROJECT IS -- WE'RE WORKING VERY HARD IF IT'S APPROVED TODAY, TO HAVE IT INSTALLED BY THE ANNUAL PRIDE PARADE, WHICH IS JUNE 30.

BECAUSE THESE ARE SPECIALIZED MATERIALS, THERE'S A LEAD TIME, SO WE'RE HOPING THAT WE'LL HAVE DELIVERY OF THE MATERIAL, IF APPROVED TODAY, BY JUNE 23.

THAT WOULD ALLOW US THE OPPORTUNITY TO INSTALL THE CROSSWALKS OVER THE COURSE OF ABOUT TWO NIGHTS IS WHAT WE'RE ANTICIPATING.

WE WILL NEED TO CLOSE THE STREETS SO WE WANT TO DO THE WORK AT NIGHT TO MINIMIZE IMPACT TO TRAFFIC AND THEN HAVE IT READY FOR THE SO THE TOTAL COST IS ABOUT $32,000, BUT LIKE I MENTIONED PREVIOUSLY, BASED ON THE NEED TO RE-MARK THAT CROSSWALK, THE CITY WILL BE PUTTING FORTH THE AMOUNT THAT WOULD GO TOWARDS YOUR STANDARD CROSSWALK, WHICH IS THE AMOUNT ON THE LEFT, WHICH IS THE $12,668.80, AND THEN THROUGH THE DONATION FROM PRIDE SAN ANTONIO THEY'LL BE COVERING THE REMAINING $19,832.24.

SO THAT CONCLUDES THE PRESENTATION.

I'M HAPPY TO ANSWER ANY QUESTIONS.

>> THANK YOU, ART, AND I BELIEVE WE HAVE SOME CITIZENS TO BE HEARD ON

>> MAYOR NIRENBERG: WE HAVE CITIZENS TO BE HEARD ON THIS ITEM.

WE'LL BEGIN WITH PHILIP BARCENA.

>> BBMAYOR NIRENBERG AND MEMBERS OF THE SAN ANTONIO CITY COUNCIL.

HAPPY PRIDE MONTH.

I'M THE PRESIDENT OF PRIDE SAN ANTONIO.

STANDING WITH ME IS ALFONSO, WHO IS ONE OF THE FOUNDING MEMBERS OF THE BOARD OF PRIDE SAN ANTONIO.

SAN ANTONIO IS CELEBRATING OUR 15TH YEAR IN EXISTENCE OR AS WE LIKE TO SAY OUR OVER THE PATH SEVERAL YEARS LEADERS OF THE LGBT COMMUNITY MET WITH COUNCILMAN TREVINO TO ESTABLISH A SENSE OF PERMANENCY IN OUR CITY.

THE PLAN WAS DEVELOPED TO FOLLOW OTHER CITIES SUCH AS TUCSON, ATLANTA, HOUSTON AND OUR NATION'S CAPITAL WASHINGTON, D.C.

THAT PLAN WAS TO HAVE A CROSSWALK IN RAINBOW COLORS OF SAN ANTONIO'S LGBT COMMUNITIES.

AS THE PLAN WAS REVISED [INAUDIBLE] IN ORDER FOR THE CROSSWALK TO BE INSTALLED.

THE COST WAS SOME $32,000.

12,000 WHICH WOULD BE DONE BY THE CITY OF SAN ANTONIO AND THE RÉSUMÉ BE RAISED BY SAN ANTONIO'S LGBT COMMUNITY.

WE MET THAT CHALLENGE.

WE RAISED THE MONEY AND ALSO HAVE MONEY IN CONTINGENCY FOR REPAIRS.

AS ARE REFLECTED ON -- I REFLECTED ON THE TASK OF RAISING THAT MONEY I REMEMBERED SOMETHING FROM OUR HISTORY BOOKS.

PRESIDENT JOHN F. KENNEDY ASKING, ASK NOT WHAT YOU CAN DO FOR YOUR -- ASK NOT WHAT YOUR COUNTRY CAN DO FOR YOUR COUNTRY BUT WHAT YOU CAN DO FOR YOUR COUNTRY.

IN MY MIND AND HEART I CHANGED THOSE WORDS TO ASK NOT WHAT OUR CITY CAN DO FOR US BUT WE CAN DO FOR OUR COMMUNITY.

THE PRIDE COLORS WERE DETERMINED TO SYMBOLIZE RED FOR LIFE, ORANGE FOR HEALING, YELLOW FOR SUNLIGHT, GREEN FOR NATURE, BLUE FOR HARMONY AND PEACE AND PURPLE FOR SPIRIT.

IT IS WITH THAT SPIRIT I STAND BEFORE YOU TODAY TO ASK THE SAN ANTONIO CITY COUNCIL, CCRC BE APPROVED.

A CROSSWALK AS DEFINED IN THE DICTIONARY MARKED PART OF THE ROAD WHERE PEDESTRIANS HAVE THE RIGHT-OF-WAY TO CROSS.

IN OTHER WORDS, A SAFETY ZONE AT THE CROSSROADS.

THE CITY OF SAN ANTONIO IS ALSO HAVING OUR OWN CROSSROADS.

MOST RECENTLY WE REACHED 1.5 MILLION PEOPLE, THE 7TH LARGEST IN THE UNITED STATES AND THE SECOND LARGEST IN THE CITY OF TEXAS.

THE COLORS OF THE CROSSWALK WOULD REPRESENT BY SIX BARS OF COLOR.

I CHALLENGE YOU TODAY TO RETHINK THOSE BARS OF COLORS AS THREE EQUAL SYMBOLS.

ONE FOR LGBT'S HISTORY, WHICH IS OUR PAST, OUR

[00:50:01]

PRESENT AND THEN ALSO OUR FUTURE.

MY PERSONAL MANTRA HAS ALWAYS BEEN A QUOTE BY GANDHI.

FOR THE CITY OF SAN ANTONIO.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, MR. BERCENA.

CHRIS FORBRIDGE?

>> HI, FRIENDS AND NEIGHBORS, AND THANKS FOR TALKING ABOUT THIS IMPORTANT ISSUE.

I'M THE CHAIRMAN OF THE STONE WALL DEMOCRATS IN SAN ANTONIO, AND FOR THE PAST 20 YEARS MANY OF YOU HAVE COME BEFORE OUR MEMBERS TO TALK TO OUR COMMUNITY ABOUT ISSUES THAT ARE IMPORTANT.

PRIDE IS ABOUT A TIME WHEN WE REBELLED AGAINST THE NEW YORK CITY GOVERNMENT FOR BEING OPPRESSED AND WE TOOK TO THE STREETS TO SHOW THEM THAT WE ARE YOUR NEIGHBORS AND WE DON'T WANT TO BE DISCRIMINATED AGAINST.

I'M 35 YEARS OLD, AND UP UNTIL MY 33RD BIRTHDAY I WAS A SECOND CLASS CITIZEN.

NOW WE'RE BEGINNING TO GET EQUAL RIGHTS HERE IN THE CITY, AND THIS SMALL TOKEN GESTURE IS A SIGN THAT THE PEOPLE THAT LIVE AND WORK IN THIS IMPORTANT CENTER CITY ARE IMPORTANT TO OUR CITY AND THAT YOU'RE GOING TO INVEST IN OUR COMMITMENT TO MAKE THAT OUR OWN NEIGHBORHOOD.

I WANT TO THANK COUNCILMAN TREVINO FOR HIS LEADERSHIP AND THE LONG LIST OF BUSINESSES THAT WROTE CHECKS WHEN I CALLED THEM AND ASKED THEM TO CONTINUE TO THE PRIDE CENTER, AND FOR THE PEOPLE AT THE PRIDE SAN ANTONIO FOR THEIR WORK IN MAKING SURE WE -- OUR VOICES ARE HEARD.

SO I HOPE THAT TODAY YOU WILL SUPPORT THIS EFFORT FOR US.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, MR. FORBRIDGE.

HOWARD ROGERS?

>> GOOD MORNING.

MY NAME IS HOWARD ROGERS AND I'M THE EXECUTIVE DIRECTOR OF THE ALAMO AREA RESOURCE CENTER.

IT'S A LOCAL NONPROFIT THAT SERVES ABOUT 3,000 OF SAN ANTONIO'S CITIZENS BY PROVIDING HEALTH CARE AND WRAP-AROUND SOCIAL SERVICES FOR PEOPLE WITH HIV AND PRIMARY HEALTH CARE FOR THE LGBT COMMUNITY.

I HAVE BEEN FORTUNATE IN MY LONG CAREER TO HAVE HAD A LARGELY SUCCESSFUL LIFE, BOTH PERSONALLY AND PROFESSIONALLY, AS A PSYCHOTHERAPIST AND AS A NONPROFIT ADMINISTRATOR, BUT PERHAPS THE MOST PAINFUL PART OF MY LIFE EXPERIENCE HAS BEEN DEALING WITH THE STIGMA OF BEING A GAY MAN.

I'VE HAD TO DEAL WITH NUMEROUS INCIDENTS OF REJECTION, BIAS, DISCRIMINATION, AND SO THIS INITIATIVE -- AND I WANT TO THANK COUNCILMAN TREVINO FOR PROVIDING LEADERSHIP IN THIS AREA -- IS LARGELY SYMBOLIC.

HOWEVER, WHAT IT DOES IS THAT IT -- IT WELCOMES -- IT'S A SYMBOL OF WELCOMING THE DIVERSITY OF THIS COMMUNITY AND BEING INCLUSIVE OF ALL INDIVIDUALS IN THIS COMMUNITY, PARTICULARLY YOUNG PEOPLE, YOUNG LGBT INDIVIDUALS WHO ARE TRYING TO COME TO TERMS WITH WHO THEY ARE AND FORGE AHEAD AND PROVIDE -- AND PRODUCING MEANINGFUL LIVES.

SO THIS ACKNOWLEDGMENT IS AFFIRMING TO THOSE INDIVIDUALS.

SO I HOPE THAT YOU WILL SUPPORT THIS INITIATIVE AND I THANK YOU FOR LISTENING.

>> MAYOR NIRENBERG: THANK YOU, MR. ROGERS.

ROBERT SAUCEDO?

>> HELLO, MAYOR NIRENBERG, COUNCILMAN TREF, YOU KNOW.

I'M THE EXECUTIVE DIRECTOR FOR PRIDE CENTER SAN ANTONIO.

OUR NEW WALK IN CENTER IS LOCATED IN THE HEART OF OUR LGBT COMMUNITY, A FEW BLOCKS FROM THE INTERSECTION OF THE PROPOSED CROSSWALK.

THIS AREA ON NORTH MAIN IN THE TOBIN HILL NEIGHBORHOOD IS HOME TO MANY LGBT OWNED AND RESTAURANTS, BUSINESSES AND ENTERTAINMENT, THE HUB OF SAN ANTONIO'S LGBT COMMUNITY.

THE COLORFUL CROSSWALK IS SYMBOLIC OF UNITY AND ACCEPTANCE, SAN ANTONIO'S SPIRIT OF COMPASSION, INCLUSIVENESS AND SUPPORT FOR LGBT COMMUNITY.

COUNCIL'S CONSIDERATION OF THE PROPOSAL IS WELCOME BY LOCAL LGBT ORGANIZATIONS,

[00:55:01]

BUSINESSES AS WELL AS OUR COMMUNITY AS A WHOLE, MANY OF WHOM DONATED TO THIS PROJECT.

THANK YOU FOR TAKING THE TIME TO REVIEW THIS REQUEST AND SHOWING THAT SAN ANTONIO IS WELCOMING TO ALL, TO INCLUDE OUR LGBT COMMUNITY, OUR RESIDENTS AS WELL AS OUR TOURISTS.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, MR. SAUCEDO.

DR. ROBERT V VELA?

>> GOOD MORNING MAYOR NIRENBERG AND COUNCIL MEMBERS.

MY NAME IS DR. ROBERT VELA.

I'M THE PRESIDENT OF SAN ANTONIO COLLEGE AND THIS IS RICHARD FARIAS, DIRECTOR OF COMMUNITY ENGAGEMENT WITH ME HERE TODAY.

AS YOU KNOW, WE ARE THE LARGEST COMMUNITY COLLEGE IN THE ALAMO COMMUNITY COLLEGE DISTRICT SERVING NEARLY 20,000 STUDENTS EACH SEMESTER.

AS A LARGE URBAN INSTITUTION, Z SACC AS A DIVERSE POPULATION.

OUR STUDENTS COME FROM EVERY CORNER OF THE DECIDE TO ACHIEVE THEIR EDUCATIONAL GOALS AND HAVE BEEN FOR OVER 90 YEARS.

I AM HERE TODAY TO SPEAK IN FAVOR OF THE AGENDA ITEM TO ADD FOUR RAINBOW-THEMED CROSSWALKS AT THE CORNER OF NORTH MAIN AVENUE AND EAST EVERGREEN STREET, WHICH BORDER THE SACC CAMPUS.

WE HAVE BEEN AND CONTINUE TO BE A PROUD NEIGHBOR TO THE COMMERCIAL DISTRICT WHICH WE KNOW AS THE STRIP, AND HAVE EMBRACED THE LGBT COMMUNITY BOTH ON AND OFF CAMPUS.

FOR YEARS SACC HAS HAD A VERY ACTIVE LGBT STUDENT GROUP CALLED GALA.

AND IN 2010 WE BEGAN RECOGNIZING THE LGBT HISTORY MONTH EVERY OCTOBER AS AN OFFICIAL ACTIVITY OF THE COLLEGE IN THE SAME WAY WE RECOGNIZED HISPANIC HERITAGE, BLACK HISTORY AND WOMEN'S HISTORY.

THIS PROGRAM IS UNIQUE TO HIGHER EDUCATION INSTITUTIONS IN SAN ANTONIO, WHICH IS WHY I FEEL IT'S IMPORTANT FOR ME TO SUPPORT IT.

IN THE TEN YEARS I HAVE BEEN AT SACC I HAVE SEEN OUR STUDENTS THRIVE AT OUR COLLEGE BECAUSE OF THE WELCOMING NATURE OF OUR HARD WORKING FACULTY AND STAFF, AND I AM HERE TO VOICE MY SUPPORT FOR THESE CROSSWALKS TO FURTHER OUR MESSAGE TO THE COMMUNITY AND OUR STUDENTS THAT SACC IS ALWAYS HERE FOR THEM.

OUR MISSION AT SACC AND THE ALAMO COLLEGES DISTRICT IS TO EMPOWER OUR DIVERSE COMMUNITIES FOR SUCCESS.

AS PRESIDENT I HAVE TAKEN THAT MISSION TO HEART.

OUR GOAL IS TO MAKE OUR COLLEGE AS INCLUSIVE AS POSSIBLE BY BETTER SERVING OUR OWN BACKYARD.

WE WORK CLOSELY WITH OUR BUSINESSES, NONPROFIT, NEIGHBORHOOD PARTNERS AND SCHOOL DISTRICTS TO ENSURE THAT WE ARE GOOD STEWARDS OF WHAT IS BEST FOR OUR STUDENTS, AS WELL AS WHAT IS BEST FOR THE COMMUNITIES WE SERVE.

AS AN EDUCATOR AT A PUBLIC INSTITUTION I UNDERSTAND THE IMPORTANCE OF PROPERLY STEWARDING TAXPAYER MONEY.

THIS IS VITAL FOR US TO ENSURE THAT THE TRUST OF OUR CONSTITUENTS HAVE BEEN PLACED UPON US.

IT'S MY UNDERSTANDING THAT THE UNIQUE CULTURE AND ARTISTIC QUALITY OF THESE PRIDE THEMED CROSSWALKS HAS BEEN UNDERWRITTEN BY PRIVATE DONATIONS SO I APPLAUD THE COUNCIL FOR ENCOURAGING THIS EFFORT.

IT IS MY HOPE THAT THE COUNCIL WILL SEE THE VALUE OF HONORING THOSE PRIVATE DONATIONS BY PUTTING THEM TOWARD SUCH A GREAT PUBLIC PROJECT THAT EMBRACES OUR LGBT BROTHERS AND SISTERS, ESPECIALLY DURING THE MONTH OF THE CELEBRATION.

I WANT TO THANK THE COUNCILMAN TREVINO FOR DOING AMAZING WORK.

WE WANT TO CONTINUE TO PARTNER WITH THE CITY AND TO FULLY EMBRACE OUR DIVERSE COMMUNITY.

THANK YOU SO MUCH.

>> MAYOR NIRENBERG: THANK YOU, DR. VELA.

JACK FINGER?

>> MAYOR NIRENBERG AND OTHER MEMBERS OF OUR ILLUSTRIOUS CITY COUNCIL, FOR THE RECORD, MY NAME IS JACK M.

FINGER.

MAKE NO MISTAKE, ANYONE WHO VOTES FOR THIS THING IS HONORING EVIL, A PERVERSION, AN ABOMINATION, AND THAT'S NOT MY WORD, THAT'S FROM THE CATHOLIC CHURCH, GENTLEMEN.

YOU DON'T BELIEVE ME? TAKE THE WORDS OF SOMEBODY WHO ESCAPED FROM THAT LIFESTYLE, HAVE A VISUAL, PUT THE TITLE OF THAT ARTICLE THERE.

U.S. HAS BECOME [INAUDIBLE] ESCAPE FROM HOMOSEXUALITY.

SHOW THE HIGHLIGHTED AREA IF YOU WOULD, AND BLOW THAT UP.

SEX ACT BETWEEN -- THE SEX ACT BETWEEN TWO MEN IS OBJECTIVELY HORRENDOUS, IT IS REPULSIVE, UNCLEAN, UNPLEASING AND VIOLENT BY

[01:00:01]

NATURE.

THANK YOU.

RETURN THE CAMERA, PLEASE.

LET'S SEE, YES.

YEAH.

REPULSIVE, UNCLEAN, UNPLEASING.

THAT SOUNDS LIKE SOME OF OUR CITY COUNCIL MEETINGS HERE.

[LAUGHTER] YES, AND YOU'RE DOING THIS WITH OUR OWN TAX DOLLARS, UNLIKE WHAT MR. MAYOR SAID SOME TIME AGO.

YEAH.

THERE ARE LIES, DAMN LIES AND THEN THERE'S A STATEMENT BY MR. MAYOR NIRENBERG THAT NO TAX DOLLARS ARE GOING TO BE USED FOR THIS THING.

WELL, I BEG TO DIFFER WITH YOU, MR. MAYOR.

THE FACTS ARE STUBBORN THINGS.

LET'S LOOK AT A FEW OF THEM FROM YOUR VERY OWN STAFFERS HERE.

YEAH, THE HIGHLIGHTED AREA AND SEE, CROSSWALK TYPE, RAINBOW THEME, ABOUT 32 GRAND, AND THEN THE CITY OF SAN ANTONIO STANDARD, THAT'S WHAT WE ARE KICKING IN, FOLKS, 12,668 BUCKS.

SCROLL DOWN A LITTLE BIT, MR. AUDIO-VISUAL MAN AND SEE WHAT IT SAYS.

YES, OF THESE 32,000 FUNDS IN THE AMOUNT OF -- IN THE AMOUNT OF 12,000, ET CETERA, ARE BUDGETED AND AVAILABLE FROM THE FISCAL YEAR 2018 GENERAL FUND BUDGET FOR PAVEMENT MARKINGS ON THIS THING.

THANK YOU.

RETURN THE CAMERA.

NO, MR. MAYOR, OUR TAX DOLLARS ARE GOING FOR THIS THING.

IN FACT, SOMETHING THAT WAS SAID RECENTLY -- WELL, HERE -- HERE, THIS IS -- YOU WERE AT A TEA PARTY MEETING RECENTLY AND YOU SAID THAT NOT ONLY ARE THE -- IN RESPONSE TO THE MAYOR'S CLAIM TO BE A FISCAL YEAR, SOMEONE WAS ASKING WHY THE CITY IS WASTING MONEY ON PAINTING A RIDICULOUS RAINBOW CROSSWALK, THE MAYOR ANSWERED IT NEVER HAPPENED AND NO RAINBOW -- THAT CAME FROM FACEBOOK.

THANK YOU.

OKAY.

TELL YOU WHAT, FOLKS.

WHY DON'T YOU -- RAINBOW COLORS, ANYBODY COULD MISINTERPRET THAT.

WHY DON'T YOU HAVE THEM PAINT A PICTURE OF TWO HOMOSEXUAL MEN, NAKED AS JAY BIRDS DOING IT.

>> MAYOR NIRENBERG: THANK YOU, MR. FINGER.

REVEREND AND DREW KOWET SI.

>> THAT WAY THERE'S NO AMONG WHERE YOU'RE COMING FROM.

>> MR. MAYOR, COUNCILMAN TREVINO, AND COUNCIL PERSON SANDOVAL.

THANK YOU FOR THE HONOR TO SPEAK HERE TODAY.

MY NAME IS ANDREW, KUTI AND I'M THE PASTOR OF UNIVERSITY PRESBYTERIAN CHURCH AND TODAY I AM THANKFUL AS WE HAVE BEFORE US AN OPPORTUNITY TO MAKE RIGHT AND MAKE SAN ANTONIO A MORE GENEROUS -- A MORE INCLUSIVE AND A MORE COMPASSIONATE CITY.

AND NOW, AND HOW APPROPRIATE THAT WE ARE DOING IT DURING PRIDE MONTH.

AS A PERSON OF FAITH AND A PASTOR OF A MAIN LINE DENOMINATION, I KNOW PERSONALLY THE DAMAGE WE HAVE DONE TO THE LESBIAN, GAY, BISEXUAL, QUEER AND QUESTIONING COMMUNITY, BY DENYING A PEOPLE'S HUMANITY AND THEIR GOD-GIVEN IDENTITY.

EVERY OPPORTUNITY I HAVE I APOLOGIZE FOR TREATING OUR SIBLINGS LESS THAN HUMAN, AND I ASK MYSELF HOW CAN WE SET THINGS RIGHT AND MOVING TO A MORE GENEROUS AND JUST FUTURE IN WHICH PEOPLE CAN MORE FULLY EXPRESS THEMSELVES FOR WHOM GOD CREATED THEM TO BE.

FOLLOWING THE EXAMPLE OF JESUS OF NAZARETH, WHO WAS A FEARLESS AND COMPASSIONATE LEADER.

I KNOW WE CAN SET THINGS RIGHT TODAY, AND TODAY, WITH THE CROSSWALK, IS ACTUALLY A STEP IN THE RIGHT DIRECTION.

ONE MIGHT THINK THAT IT IS ONLY ABOUT A RAINBOW CROSSWALK, BUT IT IS ACTUALLY ABOUT SO MUCH MORE.

IT IS ABOUT AFFIRMING A PEOPLES.

IT IS ABOUT OUR HEALTH AND OUR WELL-BEING.

IT IS ABOUT OUR INCLUSION AND OUR WELCOME.

IT IS ABOUT OUR ECONOMY.

IT IS ABOUT SAN ANTONIO TAKING ITS RIGHTFUL PLACE AMONG THE MAJOR CITIES OF THE UNITED STATES AND WITHIN OUR WORLD COMMUNITY.

IT IS ABOUT OUR COMMUNITY, SAN ANTONIO, COMING TOGETHER, MAKING THE FUNDING POSSIBLE, AND NOW FOR YOU AS COUNCIL MEMBERS THE OPPORTUNITY TO COME TOGETHER AND MAKE THIS RAINBOW CROSSWALK A REALITY.

THANK YOU, MR. TREVINO, FOR THIS OPPORTUNITY THAT YOU'VE CREATED FOR US AS A COMMUNITY AND SET BEFORE US.

LET US BE REMINDED TODAY THAT BY RECOGNIZING A MINORITY GROUP IT DOES NOT TAKE AWAY FROM THE EXISTING MAJORITY.

THIS IS NOT GOING TO TAKE ANYTHING AWAY FROM ANYBODY IN OUR COMMUNITY.

BY DOING SO ACTUALLY WE SPREAD THE SEEDS OF COMPASSION, OPENNESS, GENEROSITY, BELONGING AND WELCOME, AND WE ARE AFFIRMING A PEOPLE IN THEIR GOD-GIVEN IDENTITY AS PEOPLE AMONG THE GLOBAL CITIZENS OF THE WORLD.

[01:05:01]

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, REVEREND KOETSI.

COUNCILMAN TREVINO?

>> TREVINO: THANK YOU, MA MAYOR.

MARTIN LUTHER KING, JR. SAID THE TIME IS ALWAYS RIGHT TO DO THE RIGHT THING.

THIS IS THE RIGHT THING FOR SAN ANTONIO AND OUR COMMUNITY HAS BEEN ASKING FOR THIS FOR SEVERAL YEARS.

IT IS FITTING THAT THE CROSSWALK IS INSTALLED DURING PRIDE MONTH, A MONTH IN WHICH WE HONOR THE FIGHT FOR LGBTQ CIVIL RIGHTS DURING THE 1969 STONE WALL RIOTS IN MANHATTAN.

HATE HAS NO PLACE IN SAN ANTONIO, AND THE WORK NEVER ENDS IN OUR STRIVING TO BE A CITY OF TOLERANCE AND EQUALITY.

THE INSTALLATION OF THIS SYMBOL IN THE HEART OF THE LGBTQ COMMUNITY SHOWS WE ARE A CITY WITH A WARM EMBRACE OF ALL ITS RESIDENTS.

I AM HONORED TO HELP FURTHER EFFORTS OF INCLUSION IN SAN ANTONIO.

THIS DONATION WE ARE ACCEPTING TODAY IS THE CULMINATION OF A STRONG FUNDRAISING EFFORT, AND I WOULD LIKE TO THANK THOSE INVOLVED IN REALIZING THIS GOAL.

I'D LIKE TO THANK GREG SYLER OF METROPOLITAN METHODIST HOSPITAL, CHRIS, AND ALAMO RESOURCE COUNCIL, PAUL BOSKIN, ARTURO ALAMEDA, MY STAFF, SPECIFICALLY JAY PAJENSKI.

DR. VELA AND RICHARD FARIAS.

I WANT TO THANK ANDRES CETSY FOR BEING HERE TODAY AND JOHN APPOINT DEXTER OF PRIDE SAN ANTONIO FOR ALL THAT YOU DO FOR OUR COMMUNITY.

I WANT TO SAY HAPPY PRIDE MONTH.

THIS IS THE WAY WE CELEBRATE HERE IN SAN ANTONIO.

I MOTION TO -- MOTION TO APPROVE THIS ITEM.

THANK YOU.

>> MAYOR NIRENBERG: THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NO. 18.

COUNCILMAN SALDANA?

>> SALDANA: THANK YOU, MAYOR, AND THANK YOU TO THE FOLKS WHO ARE HERE AND HAVE BEEN, YOU KNOW, MORE THAN SUPPORTIVE ON THIS ISSUE AND A LOT OF OTHER ISSUES THAT GO BEYOND JUST THE CROSSWALK.

IT'S BEEN A GREAT EXPERIENCE TO BE ON THE COUNCIL TO WATCH SO MANY EFFORTS OF INCLUSIVENESS AND ACCESS AND UNDERSTANDING OF THE LGBT COMMUNITY COME BEFORE THIS BOARD -- THIS POLICY BOARD MADE UP OF NOT ONLY THIS COUNCIL BUT COUNCILS OF THE PAST WHO UNDERSTAND THE CITY OF SAN ANTONIO HAS GOT AN AMAZING HISTORY AND A RICH HISTORY AND A POSITIVE HISTORY OF MEMBERS OF THE LGBT COMMUNITY WHO HAVE BEEN CONTRIBUTING MEMBERS OF THE SAN ANTONIO COMMUNITY.

SO THIS CROSSWALK IS ONE EXAMPLE OF OUR EXTENDED EMBRACE TO THE LGBTQ COMMUNITY.

THIS IS ANOTHER EXAMPLE OF YOU ALL STEPPING UP AND IN THIS CASE QUITE LITERALLY PUTTING YOUR MONEY WHERE YOUR MOUTH IS WITH REGARD TO THIS ISSUE AND HELPING THE CITY DO THIS IN A WAY THAT ALLOWS US TO EXTEND AN OPPORTUNITY OF CREATIVENESS TO A PARTICULAR PART OF OUR CITY THAT HAS BEEN VERY HISTORIC IN LEADING THE CAUSE AND THE EFFORT FOR THE LGBT COMMUNITY AROUND SACC.

SO I ALSO THANK DR. VELA, WHO IS SPEAKING ON BEHALF.

ROBERT SAUCEDO, PRIDE CENTER AND PRIDE SAN ANTONIO.

BEYOND THIS CROSSWALK I THINK WHAT WE KNOW THIS REPRESENTS IS THAT THIS IS ONE EXAMPLE AMONGST A SPECTRUM OF DIFFERENT WAYS THAT THE CITY OF SAN ANTONIO CAN HELP A COMMUNITY THAT FOR A LONG TIME HAS BEEN CLOUDED BY STIGMA AND BIAS AND DISCRIMINATION, AND ONE EXAMPLE BEING THAT -- OTHER EXAMPLES INCLUDE THE ESTABLISHMENT OF OUR PRIDE CENTERS, ESTABLISHMENT OF HEALTH CARE FACILITIES TO EXTEND AN OUTREACH TO A COMMUNITY THAT HAS AN OVER ABUNDANT, AN OVERREPRESENTATION OF COMMUNITY MEMBERS THAT DEAL WITH DEPRESSION OR DEAL WITH THE ISSUES OF SUICIDE OR ISSUES OF HOMELESSNESS BECAUSE OF THE STRIDES THAT WE'RE STILL TRYING TO MAKE IN DIFFERENT CORNERS OF OUR CITY, DIFFERENT CORNERS OF OUR STATE, AND DIFFERENT CORNERS OF OUR COUNTRY.

SO IT'S EXCITING TO BE PART OF THIS COUNCIL AT THE TIME THAT WE GET TO SEE THIS A YEAR AFTER.

I THINK IT WAS ABOUT A YEAR AGO THAT WE WORKED ON THIS, AND SO IT LEADS ME TO THE LAST PERSON I WANT TO THANK, WHICH IS COUNCILMAN TREVINO, FOR HELPING TO SHUTTLE THIS THROUGH AND GETTING US FOR THE POINT WHERE WE CAN PROVIDE YET ANOTHER EXAMPLE OF HOW INCLUSIVE OUR CITY WANTS TO BE, AND IT'S A -- IT'S A BRIGHT RAINBOW-COLORED SIDEWALK, WHICH REPRESENTS THE BRIGHTNESS AND THE SHIMMERING GLIMMERS OF COMPASSION THAT THE CITY AND THE CITY COUNCIL AND OUR MAYOR AND LEADERSHIP HAS SHOWN SEVERAL YEARS IN THE PAST AND WILL CONTINUE TO IN THE FUTURE.

SO

[01:10:02]

>> MAYOR NIRENBERG: THANK YOU, COUNCILMAN

>> THANK YOU FOR THE PRESENTATION AND WORK.

I DO HAVE A FEW QUESTIONS ABOUT THE PROCESS ON THIS.

NUMBER ONE, AFTER GAP] THE MONEY, UPKEEP OR ANYTHING LIKE THAT, ANYTHING ABOVE NORMAL COST OF ANY SIDEWALK WILL BE COVERED BY THE WHOEVER IT IS, THE ORGANIZATION THEMSELVES? LET ME MAKE SURE I UNDERSTAND.

THIS PAINT AND EVERYTHING THAT WE'RE DOING COSTS SIGNIFICANTLY MORE THAN THE REGULAR PAINT, CORRECT? OR --

>> SO THE MARKINGS THAT ARE GOING IN ARE THE STANDARD FREE FORM PLASTIC MARKINGS WHICH LIFE EXPECTANCY FOR THOSE IS THREE TO FIVE YEARS.

IT'S UNLIKE PAINT, WHICH IS A MUCH CHEAPER PRODUCT, COULD LAST SIX MONTHS TO A YEAR, BUT THE DONATION AGREEMENT IS JUST FOR THE INSTALLATION.

>> BROCKHOUSE: SO THE CITY WILL BE PAYING FOR THE UPKEEP FOR IT OR JUST THE REGULAR --

>> WE DON'T HAVE ANY FUNDS BUDGETED FOR THE MAINTENANCE OF THIS AND THAT'S ONE OF THE THINGS THAT WE'LL TRACK IN THE PILOT PERIOD, TO SEE HOW IT'S HOLDING UP.

ALL OF THAT INFORMATION WILL BE USED TO DEVELOP A PROCESS MOVING FORWARD.

>> BROCKHOUSE: SO WE HAVE NO IDEA WHAT THE MAINTENANCE COST UPKEEP WILL BE ON THIS?

>> TO ANSWER MORE CLEARLY WE WILL NOT BE PROVIDING ANY MAINTENANCE FOR THE COLOR PORTION.

>> BROCKHOUSE: SO ON THE RECORD ONE MORE TIME, YOU'RE STATING CLEARLY THAT WE WILL NOT BE PROVIDING ANY FUNDING FOR THE MAINTENANCE OF THE CROSSWALK?

>> THAT'S CORRECT.

>> BROCKHOUSE: OKAY.

CAN ANYBODY -- LET'S SAY I I I -- AM ANOTHER ORGANIZATION.

CAN I COME UP IF I HAVE $20,000 AND APPLY TO HAVE A SIMILAR CROSSWALK PRESENTED FOR MY ORGANIZATION?

>> SO THE PROCESS FOR THIS ONE WAS INITIATED WITH THE CCR, AND WHAT THE GOVERNANCE COMMITTEE APPROVED WAS A PILOT, AND PART OF THAT WAS THAT THIS WOULD BE THE ONLY ARTISTIC CROSSWALK APPROVED IN THIS PILOT PERIOD.

SO TO ANSWER YOUR QUESTION, AS OF RIGHT NOW NO.

>> BROCKHOUSE: THE REASON I WAS ASKING THAT QUESTION IN THIS PROCESS IS I WANTED TO SEE IF THE MONEY WAS RAISED.

I THINK THAT'S A VERY IMPORTANT POINT, AND CONGRATULATIONS.

I --

>> MAYOR NIRENBERG: CAN I CLARIFY SOMETHING THAT YOU SAID, ART? JUST REAL QUICK, IF YOU ALLOW ME, COUNCILMAN?

>> CAN I CONTINUE MY QUESTIONING, MAYOR?

>> MAYOR NIRENBERG: SURE, I WANT TO CLARIFY --

>> OH, YOU WANT TO CLARIFY.

NO, NO, NO, I MISUNDERSTOOD YOU.

>> MAYOR NIRENBERG: IF THE PROCESS WAS THAT THE COUNCILMAN FILLED OUT A CCR TO INITIATE THIS PROCESS, THERE IS NOTHING STOPPING YOU FROM DOING THE SAME THING.

ANY COUNCILMAN COULD DO THAT.

THAT IS THE PROCESS WE FOLLOW FOR GOVERNANCE.

>> BROCKHOUSE: SO I WOULD HAVE TO -- SO I WOULD OBTAIN THE SIGNATURES, LET'S SAY A CHURCH WANTED TO PUT IT IN DISTRICT 6.

I COULD THROUGH A CCR PROCESS USURP THIS PILOT PROGRAM AND GET IT INSTALLED, RIGHT? BECAUSE DURING THIS PILOT PROGRAM -- YOUR WORDS WERE DURING THIS PILOT PROGRAM WE'RE ONLY LOOKING AT THIS CROSSWALK.

SO THAT'S NOT ACTUALLY 100% TRUE.

I COULD, IF I CHOSE TO AS A COUNCIL MEMBER, DO IT MYSELF AND --

>> SO MY RESPONSE W WAS IF, SAY THROUGH 3 -- TOMORROW WE GOT A REQUEST.

THAT'S THE RESPONSES.

WE'RE NOT ENTERTAINING ADDITIONAL REQUESTS THROUGH THE PUBLIC PERIOD.

I WOULD ASK ANDY TO CLARIFY, LIKE THE MAYOR SAID, THROUGH A CCR.

>> BROCKHOUSE: WHICH MAY BE DENIED -- IF I DON'T GET THE SIGNATURES I CAN'T GET IT DONE, RIGHT? AND COUNCILMAN TREVINO WHEN HE INITIATED HIS PROCESS GOT THE CCR AND THE SIGNATURES AND GOT IT ACCOMPLISHED.

BUT LET'S SAY IT'S AN ORGANIZATION THAT SOME OF THE COUNCIL MEMBERS ARE OPPOSED TO, RIGHT? AND I CAN'T GET THE CCRS SIGNED TO DO IT, THEN I'M BASICALLY WAITING UNTIL YOU COMPLETE THE PROGRAM AND ASSESS -- THE ONLY REASON I'M ASING IS BECAUSE THE MONEY IS THE DIFFERENCE MAKER NOW, RIGHT? THE ACCOMPLISHED, SO HERE WE HAVE A VERY FINE LINE FOR ME.

LIKE, I JUST WANT TO MAKE SURE THAT -- AND I HAVE NO PROBLEM ACCEPTING THE FUNDS.

I MEAN, CONGRATULATIONS ON ACCOMPLISHING THE FUNDRAISING.

I THINK IT'S AMAZING AND IT SHOWS COMMITMENT.

I'M ON BOARD WITH THAT.

MY CONCERN, THOUGH, IF SOMEBODY ELSE SHOWS UP WITH THE MONEY FROM A LEGAL PERSPECTIVE, FROM AN EQUAL ACCESS PERSPECTIVE THEY CAN DO THE SAME THING, BUT WE'RE NOT GOING TO KNOW THAT UNTIL THE END OF THE PROGRAM, CORRECT?

>> RIGHT.

WE WILL GO THROUGH THE PROCESS OF THE PILOT, REPORT BACK TO THE TRANSPORTATION COMMITTEE FOR FUTURE POLICY DISCUSSION, ANTICIPATING SIX MONTHS --

>> MAYOR NIRENBERG: THE ATTORNEY HAS A STATEMENT.

>> HOPEFULLY I CAN -- I UNDERSTAND YOUR QUESTION, COUNCILMAN.

TO ANSWER THAT, THERE IS NO OBLIGATION THE CITY HAS TO TAKE EVERY REQUEST FOR A SIMILAR CROSSWALK BY ANY OTHER GROUP.

AS I UNDERSTAND IT, THEY'RE GOING TO HAVE A PILOT.

FROM THE PILOT THEY'RE GOING TO VIEW WHAT IMPACT, IF ANY, ON TRAFFIC SAFETY, AND THEN DEVELOP A PROCESS AND CRITERIA FOR OTHER INTERESTED AREAS OR GROUPS FOR SIMILAR CROSSWALKS, BUT

[01:15:01]

LET ME STATE THAT IT'S PRETTY STANDARD -- ESTABLISHED LAW THAT CITIES ARE NOT REQUIRED TO TAKE EVERY -- EVERY REQUEST FOR A SIMILAR CROSSWALK.

>> BROCKHOUSE: AND THAT DOESN'T OPEN UP THE CITY TO EQUAL ACCESS LEGAL CHALLENGES OVER OUR OWN SUBJECTIVE APPLICATION OF OUR PRINCIPLES OR --

>> NO, IT DOESN'T, COUNCILMAN.

ACTUALLY THERE'S A VERY RECENT SUPREME COURT CASE, WALKER VERSUS TEXAS DIVISION, SONS OF THE CONFEDERATE VETERANS, AND TO OVERSIMPLIFY A BIT, THE DEPARTMENT OF MOTORCYCLES, AS MOST PEOPLE KNOW, HAVE A SPECIALTY LICENSE PLATE PROGRAM.

THE CONFEDERATE GROUP ASKED FOR A SPECIALTY PLATE FOR THEM.

THAT WAS DENIED.

THE UNITED STATES SUPREME COURT SAID THAT THE STATE OF TEXAS HAS EVERY RIGHT TO DETERMINE WHAT MESSAGING AND WHAT SORT OF GROUPS THEY WANT TO SPONSOR THROUGH THAT TEXAS LICENSE PROGRAM.

>> BROCKHOUSE: SO WE WOULD BE TAKING -- SO WE WOULD SIT HERE AND SIT IN JUDGMENT OF WHO WE WANTED TO -- BASICALLY IT'S JUST WHATEVER THE PROCESS WE COME UP WITH, WE'LL HAVE THAT DISCUSSION ON A CASE BY CASE SCENARIO, THEN?

>> THE PRINCIPLE IS THAT THE STATE, THE CITY, A GOVERNMENT ENTITY HAS A RIGHT TO -- NOT AN UNFETTERED RIGHT BUT HAS SOME RIGHT TO DETERMINE WHAT MESSAGING THEY WANT TO GIVE TO THE COMMUNITY.

>> BROCKHOUSE: YEAH, YOU AND I TALKED ABOUT THAT AT LENGTH BEFORE, ABOUT THE MESSAGE BEING SENT, BECAUSE IT'S NOT -- AND I UNDERSTAND THAT, I MEAN, THE CROSSWALK IS NOT JUST A CROSSWALK.

IT'S A MESSAGE, WHICH IS VERY CLEAR BY EVERYBODY'S COMMENTARY AND COMMENTS OF THE COUNCIL MEMBERS, THAT IT'S A MESSAGE BEING SENT, WHICH I'M FINE WITH.

I JUST WANT TO MAKE SURE THAT EVERYBODY HAS AN OPPORTUNITY TO DO IT, AND I'M VERY CONCERNED, LIKE I HAVE -- IT'S GOT NOTHING TO DO WITH THE CROSSWALK.

IN FACT, I THINK THAT -- AND I RESPECT THE COMMUNITY THAT IT'S GOING INTO AND I THINK IT MAKES SENSE AND IT'S A MESSAGE, AND CONTRARY TO SOMEBODY THAT CAME UP HERE AND SPOKE BEFORE, I AM A CATHOLIC.

I DON'T USE MY FAITH AS A WEAPON.

IT DOES ME NO GOOD TO DESTROY OTHER FOLKS.

SO I TEND TO -- IN THESE KINDS OF CASES, TRY TO THINK ABOUT CAN EVERYBODY GET ACCESS TO IT, CAN EVERYBODY DO THE SAME THING.

AND I DON'T SENSE THAT THAT'S COMING IN THIS PARTICULAR PROJECT.

WHEN IT COMES TO CREATIVE SIDEWALKS, AGAIN, THIS ISN'T A PRIDE SIDEWALK ISSUE.

THIS IS NOW A CREATIVE SIDEWALK ISSUE.

IF SOMEBODY SHOWS UP WITH 20 GRAND, AND IF SOMEBODY SHOWS UP, CAN THEY GET THE SAME TREATMENT AND EQUAL ACCESS? THAT'S WHAT I DON'T SENSE IS COMING OUT OF THIS.

IT'S GOING TO MAKE IT DIFFICULT FOR ME TO SUPPORT IT BECAUSE WE ALL SHOULD HAVE THAT CHANCE, AND IT'S JUST LIKE WHETHER IT'S A NAME CHANGE OR -- I GET IT THAT AT SOME POINTS WE'RE GOING TO HAVE TO DRAW THE LINE AND SAY, YOU, THAT ORGANIZATION, YOU'RE NOT -- YOU'RE SO SIELY OPPOSITE TO WHAT WE THINK AS A COMMUNITY.

WE'VE HEARD THOSE WORDS SPEWED ABOUT TEN FEET FROM US ABOUT THINGS THAT I KNOW I COMPLETELY DISAGREE WITH.

SO FROM A CREATIVE CROSSWALK PERSPECTIVE I JUST DON'T SEE IT BEING VERY OPEN TO ANYBODY WHO WANTS TO DO IT.

SO WHAT EVALUATION CRITERIA HAVE YOU COME ACROSS ANYBODY ELSE DOING ANYTHING WITH THIS TYPE OF THING? IS THAT PART OF YOUR EVALUATION PROCESS FOR THE NEXT SIX MONTHS?

>> YEAH, THERE'S A HANDFUL OF COMMUNITIES ACROSS THE COUNTRY THAT HAVE INSTALLED SIMILAR CROSSWALKS.

SOME OF THE THINGS WE'RE THINKING OF TO LOOK AT T LIKE I MENTION DURING THE BRIEFING, WAS BASIC REQUEST IT IT GOT VANDALIZED, MAINTENANCE REQUEST.

ALSO LOOKING AT CRASH DATA.

THERE ARE SOME SAFETY CONSIDERATIONS, COMPARING THAT TO WHAT TYPICAL INTERSECTIONS MAY HAVE.

SO THOSE ARE THE THINGS WE'LL EVALUATE, AND THEN SIMULTANEOUSLY WE'LL BE ANSWERING SOME OTHER QUESTIONS YOU'VE RAISED ABOUT A PROCESS MOVING FORWARD.

ALL OF THAT WOULD THEN BE PRESENTED BACK IN THE FUTURE, TO LIKELY THE TRANSPORTATION COMMITTEE, FOR FUTURE POLICY DECISIONS.

>> BROCKHOUSE: OKAY.

I'LL YIELD THE FLOOR FOR NOW TO LISTEN TO SOME REMAINDER COMMENTS FROM MY COLLEAGUES.

THANK YOU, MAYOR.

>> MAYOR NIRENBERG: THANK YOU, COUNCILMAN BROCKHOUSE.

COUNCILWOMAN SANDOVAL.

>> SANDOVAL: THANK YOU, MAYOR, AND THANK YOU MAYOR PRO TEM, COUNCILMAN TREVINO, FOR YOUR HARD WORK, YOUR ADVOCACY IN BRINGING THIS ISSUE TO CITY COUNCIL, AS WELL AS TO YOUR STAFF.

YOU HAVE A GREAT TEAM, COUNCILMAN.

THIS WAS THE FIRST CCR I SIGNED AS A COUNCILWOMAN, IF YOU RECALL, YOU CAUGHT ME IN ONE OF THE BACK ROOMS AND I THINK I TOOK A PICTURE OF MYSELF, I WAS SO EXCITED I WAS DOING REAL GOVERNMENT WORK.

[CHUCKLE]

[01:20:01]

SO THANK YOU FOR LETTING ME BE A PART OF THIS, AND I WAS EXTREMELY PROUD TO SIGN IT.

AND I THINK THE CROSSWALK WILL BE A SYMBOL OF INCLUSION AND TOLERANCE IN OUR CITY, ONE THAT SHOWS THAT ALL ARE WELCOME.

MR. BARCENA, YOU DEFINED FOR US WHAT A CROSSWALK WAS AND YOU USED TERMS "A SAFETY ZONE FOR PEDESTRIANS," AND I THINK BY USING THE RAINBOWS THAT ARE USED BY THE LGBTQ-PLUS COMMUNITY, WE ARE ESTABLISHING A SAFETY ARE ZONE FOR MEMBERS IN OUR COMMUNITY THAT IN THE PAST HAVE BEEN, YOU KNOW, NEGLECTED OR NOT RECOGNIZED.

SO THANK YOU FOR THOSE WORDS.

AND I WANT TO THANK ALL THE COMMUNITY MEMBERS THAEMT ARE HERE TODAY AND LET YOU KNOW THAT YOU HAVE MY CONTINUED SUPPORT.

THANK YOU.

BYE-BYE -- BYE-BYE, I'M SORRY,.

[LAUGHTER] THANK YOU.

[LAUGHTER]

>> MAYOR NIRENBERG: THANK YOU, COUNCILWOMAN SANDOVAL.

COUNCILWOMAN VIAGRAN?

>> VIAGRAN: THANK YOU VERY MUCH, MAYOR.

THANK YOU FOR THE PRESENTATION, AND I HAVE TO SAY THANK YOU COUNCILMAN TREVINO FOR YOUR WORK AND YOUR COORDINATION ON ALL OF THIS.

TO ALL OF YOU WHO ARE HERE IN THE AUDIENCE, THANK YOU.

TO THOSE WHO HAVE WORKED SO HARD AND ALL OF THE DONORS AS WELL WHO CONTRIBUTED TO THIS.

ALL STAY HERE TOGETHER.

WE'VE COME A LONG WAYS AS A NATION, AS A STATE.

AND AS SOMEBODY MENTIONED, THAT THIS IS SOMETHING OF A SYMBOL.

BUT I WOULD CALL IT MORE AS A VISIBLE ACKNOWLEDGMENT THAT ALL PEOPLE NEED TO BE TREATED WITH DIGNITY AND RESPECT HERE IN THE CITY OF SAN ANTONIO.

I WANT TO THANK EVERYONE WHO'S WORKED TO HARD WITH THE FIESTA METAL SALES AND GETTING THIS TO WHERE WE ARE AT THIS POINT.

THIS IS -- THIS IS A WONDERFUL MOMENT, BUT IT'S ALSO TINGED WITH A BIT OF SADNESS FOR ME BECAUSE I REMEMBER LAST YEAR WHEN THIS HAPPENED, IT WAS ALSO WHEN OFFICER MORENO WAS GUNNED DOWN, AND DURING THE PRIDE PARADE WE ALSO HAD THE BLUE LINE IN THE MIDDLE OF THE STREET AS WELL.

AND WHERE AREAS -- WHERE PEOPLE TRIED TO DIVIDE AND DEMEAN OUR COMMUNITY AND PEOPLE WITHIN OUR COMMUNITY.

I THINK THIS IS A MOMENT THAT WE COME TOGETHER AND WE HELP ONE ANOTHER AND WE LIFT EACH OTHER UP.

AND I'M ALSO VERY PROUD OF EVERYONE WHO'S BEEN HERE TODAY TO SPEAK, AND I ALSO JUST HAVE TO POINT OUT, I'M ALSO VERY PROUD OF THOSE PEOPLE WHO -- WHO HAVE NOT -- WHO ARE NOT HERE TO BE ABLE TO SPEAK, THOSE WHO ARE NOT PRESENT.

MAR POSEA AND ANN-MARIE ASHLEY, THANK YOU FOR YOUR WORK AND ALL THAT YOU'VE DONE IN THE COMMUNITY FOR SAN ANTONIO.

I WILL BE SUPPORTING THIS, AND I THINK ONE OF THE THINGS THAT WE CAN CONTINUE AS WAS BROUGHT UP ABOUT HAVING OTHER OPPORTUNITIES, I THINK OF SOMETHING, AS OFFICER MORENO, AND IF WE DO LOOK SOMETHING AND IF THERE'S AN OPPORTUNITY TO DO EVEN A SIDEWALK OR A CROSSWALK WITH A BLUE LINE THROUGH IT TO HONOR THOSE, IS THAT SOMETHING WE CAN LOOK AT IN THE FUTURE.

NOW, IF THIS PILOT PROGRAM IS SUCCESSFUL, THAT'S SOMETHING THAT WE CAN LOOK AT IN THE FUTURE.

BUT WITH THAT IT IS -- IT IS -- I WANT TO ALSO THANK EVERYBODY WHO'S WORKED ON THIS, ALL THE PEOPLE WHO WORKED ON THIS, ALL THE PEOPLE WHO FOUGHT IN THE PASS FOR MANY DIFFERENT ISSUES IN THE CITY OF SAN ANTONIO, AND ONE OF THE MOST IMPORTANT THINGS THAT WE NEED TO REALIZE IS THAT THIS IS AN ACKNOWLEDGMENT, BUT IT ALSO NEEDS TO MOVE TO ACTION.

THIS IS SOMETHING THAT'S STATIC, THAT IS ON A STREET, BUT IT IS INTENDED TO MOTIVATE TO ACTION, AND ACTION AS IN FIGHTING FOR THE ISSUES THAT ARE IMPORTANT FOR US, FOR WOMEN'S ISSUES, FOR IMMIGRANT FAMILIES AND TO GO AND VOTE.

SO WITH THIS, EVERY TIME PEOPLE COME AND SEE THIS I HOPE EVERYONE IS INSPIRED THAT THEY NEED TO GO OUT, FIRST PLEASE REGISTER TO VOTE AND TO GO VOTE, BECAUSE THIS IS NOT SOMETHING THAT SHOULD BE STATIC BUT SHOULD BE ASPIRATIONAL AND MOTIVATIONAL FOR ALL OF US.

THANK YOU.

>> THANK YOU, MA'AM.

COUNCILMAN COURAGE?

>> COURAGE: THANK YOU, COUNCILMAN.

I RESPECT THE FREEDOM OF SPEECH WE ALL HAVE THE RIGHT TO EXERCISE, BUT I AM SO SORRY THAT ALL OF US HAD TO HEAR THE HATE SPEECH IN THIS COUNCIL AS WE HEARD EARLIER.

WE ARE ALL HUMAN BEINGS, AND DESERVE TO BE TREATED WITH

[01:25:01]

HUMAN DIGNITY.

YOU KNOW, A CROSSWALK IS A MATTER OF PUBLIC SAFETY AND A NECESSITY, AND IS THEREFORE A LEGITIMATE EXPENDITURE FOR THE TAX DOLLARS OF THE CITY.

THE ADDITION OF GAY PRIDE COLORS ARE DONE SO THROUGH PRIVATE CONTRIBUTIONS AND SIMPLY ENHANCE THE VISIBILITY BUT DOES NOT PUT ANY PERSONAL OBLIGATION ON ANY CITIZEN OR ANY OTHER FINANCIAL OBLIGATION ON THE CITY.

THEREFORE, I WHOLEHEARTEDLY SUPPORT THE APPROVAL OF THIS.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, COUNCILMAN COURAGE.

COUNCILWOMAN GONZALES?

>> GONZALES: GREAT.

THANK YOU.

I JUST HAVE A FEW QUESTIONS, ART, ABOUT THE CROSSWALKS.

I'M LOOKING AT THE PHOTO HERE ON PAGE NO. 5, AND SO YOU CAN SEE THAT THERE WAS PREVIOUSLY A CROSSWALK ON MAIN.

IT'S NOT SO OBVIOUS WHETHER AT MAIN AND EVERGREEN THERE WAS ONE AND THEN EVERGREEN -- THESE ARE THREE SEPARATE INTERSECTIONS.

IS THAT CORRECT?

>> THERE -- IT'S ONE INTERSECTION, IT'S A FOUR-WAY INTERSECTION --

>> GONZALES: IT'S A FOUR-WAY.

NOW I UNDERSTAND.

I KEPT THINKING IT WAS FOUR DIFFERENT INTERSECTIONS ON MAIN, BUT IT'S NOT.

IT'S JUST ONE INTERSECTION WITH FOUR CROSSINGS.

>> RIGHT, ALL FOUR CROSSWALKS WILL BE --

>> GONZALES: OKAY.

AND SO I GUESS THEY ALL HAD CROSSWALKS BEFORE THEN?

>> CLEARLY THESE ARE RECENT PICTURES.

NORTH MAIN HAD SOME, AND LIKE I MENTIONED I BELIEVE THEY WERE DONE IN 2014 AS PART OF A STREET MAINTENANCE PROJECT.

THE ONES ON EVERGREEN I BELIEVE THERE IS SOME VISIBILITY LEFT BUT CLEARLY THEY'RE HARDLY THERE.

>> GONZALES: OKAY.

AND THEN -- SO PART OF YOUR PILOT, I GUESS, IS TO SEE -- YOR AND COLLECT DATA OF LIKE HOW LONG THEY LAST, BUT ALSO WHAT ABOUT -- I'M NOT FAMILIAR WITH THIS AREA IN TERMS OF ITS LEVEL OF SAFETY.

SO IT SEEMS LIKE WE DID HAVE ONE SERIOUS INJURY OR FATALITY IN THAT INTERSECTION.

>> WELL, SO MAIN ITSELF IS A MAJOR ARTERIAL.

THE AVERAGE DAILY TRAFFIC ALONG MAIN IS ABOUT 12,000 VEHICLES PER DAY SO THERE IS A GOOD AMOUNT OF TRAFFIC.

EVERGREEN IS A MUCH SMALLER ROADWAY, BUT WE'LL BE LOOKING AT THINGS, HOW DOES IT G IMPACT SAFETY AS PART OF THE PROGRAM.

>> AND SO I GUESS WHAT I'M -- WHAT I WOULD LIKE TO SEE WHILE YOU'RE COLLECTING DATA, AND I'M AFRAID WE'RE NOT GOING TO GET IT HERE BECAUSE IT'S ONE INTERSECTION, AND IN MY MIND I WAS THINKING IT WAS FOUR INTERSECTIONS.

WHAT IT DOES TO SLOW DOWN THE TRAFFIC AND WOULD IT -- AND AS A RESULT ARE THERE FEWER FATALITIES AND INJURIES.

IS THERE WAY TO COLLECT THAT DATA AS WELL?

>> CERTAINLY WE'LL COMPARE ANYTHING THAT HAPPENS IN THE PILOT PERIOD WITH THE LAST FEW YEARS IN THAT TIME FRAME, TO SEE.

THAT WOULD BE MORE ON THE NUMBER OF CRASHES OR ANY INJURIES, BUT NOT NECESSARILY --

>> GONZALES: HOW ABOUT SPEED.

IS IT POSSIBLE TO INCLUDE THAT IN YOUR DATA COLLECTION?

>> WE -- WE DON'T HAVE A MEANS RIGHT NOW TO JUST COLLECT SPEED DATA WITHOUT WORKING WITH S.A.P.D.

YOU KNOW, THAT REQUIRES RESOURCES TO DO THAT.

WE HAVE SPEED FEEDBACK SIGNS, BUT THAT DATA ISN'T COLLECTED AND STORED.

>> GONZALES: SO I WOULD ASK -- I DON'T KNOW WHAT WOULD BE THE MECHANISM TO DO THAT.

YOU KNOW, THE REASON THAT I'M ASKING FOR THAT DATA AS WELL IS THAT WE KNOW THAT AROUND OUR COMMUNITY ONE OF THE BIGGEST CONCERNS PEOPLE HAVE IS REGARDING SPEED, ESPECIALLY ALONG OUR ARTERIALS, AND WE KNOW THAT SPEED IS DIRECTLY CORRELATED TO FATALITIES.

BUT I SUSPECT THAT ANYTIME WE DO SOMETHING TO IMPROVE OUR ROADWAYS, WHETHER IT'S THAT WE ADD STREET TREES OR ADD BIKE LANES OR WE REPAINT THE INTERSECTIONS, THAT IT DOES ENCOURAGE THE TRAFFIC TO MOVE SLOWER.

AND SO WHILE THAT'S ONLY ONE INTERSECTION SO I'M AFRAID WE WON'T GET THE DATA COLLECTION WE WOULD GET IF IT WERE MULTIPLE INTERSECTIONS ON A STRETCH, I WOULD LIKE TO SEE HOW WE MIGHT DO THAT, BECAUSE I -- I'M VERY SUPPORTIVE OF THIS CROSSWALK FOR ARTISTIC REASONS AND FOR WHAT IT REPRESENTS, BUT I'M ALSO EQUALLY CONCERNED ABOUT WHAT IT DOES FOR SAFETY.

>> SURE.

I'LL JUST ADD, ON THE SPEED FACTOR, SO THIS IS AT AN INTERSECTION.

IT'S A CONTROLLED INTERSECTION BY A SIGNAL.

SO TYPICALLY WHEN WE COLLECT SPEED DATA FOR OTHER TRAFFIC PURPOSES, WE'RE DOING IT MORE MID BLOCK BECAUSE THAT'S REALLY WHEN YOU GET A TRUE MEASURE OF THE SPEED.

HERE PEOPLE WILL BE SLOWING DOWN TO STOP OR EVEN AS THEY'RE APPROACHING THE INTERSECTION.

SO IT WON'T BE A REALLY GOOD COMPARISON ANYWAY.

>> GONZALES: OKAY, WELL -- AND I KNOW THAT WE HAVE THE PRESIDENT OF SACC HERE AND I SUSPECT THAT THERE'S ALSO LOTS OF STUDENTS CROSSING -- I SEE LOTS OF STUDENTS CROSSING BACK AND FORTH IN THAT AREA BECAUSE OF THE LOCATION.

SO PERHAPS WE COULD JUST EXPAND THE SCOPE AND CONSIDER MID CROSSINGS AND HOW OFTEN PEOPLE ARE CROSSING.

I KNOW THIS IS A DESIGNATED INTERSECTION, BUT I WOULD -- IT WOULD BE GOOD IF WE COULD

[01:30:01]

SEE HOW IT -- HOW IT IMPACTS AND THAT WAY AS WE -- WE HOPE THAT WE USE THIS ALL OVER THE CITY, NOT NECESSARILY FOR PRIDE BUT -- OR FOR THE LGBT COMMUNITY BUT FOR CULTURAL DESIGNATIONS, PERHAPS, OR MAYBE FOR THE UNIVERSITIES.

I CAN ENVISION UTSA PERHAPS AROUND THEIR CAMPUSES USING SOMETHING LIKE THIS SO THAT, YOU KNOW, IT DESIGNATES A SPACE.

BUT IT WOULD BE GOOD TO KNOW IF, IN FACT, IT DOES REDUCE SPEED, BECAUSE I SUSPECT THAT IT WOULD, ONLY BECAUSE WE KNOW THAT ANYTIME YOU HAVE A VISUAL, IT CAN ALTER A PERSON'S DESIRE TO GO FAST.

THEY'RE MORE INTERESTED TO KIND OF -- IT CHANGES YOUR SPACE.

SO I WOULD HOPE THAT WE COULD DO THAT AS WE'RE COLLECTING DATA.

AND I GUESS ALSO WE KNOW THAT THE PAVEMENT MARKINGS, WE'VE BEEN SEEING THE IMPROVEMENTS ALL OVER THE CITY OF THE PAVEMENT MARKINGS.

I'M REALLY GRATEFUL FOR THAT, BECAUSE EVERY INTERSECTION IS A CROSSWALK, AND I DON'T WANT TO GET TOO OFF TOPIC BECAUSE I KNOW WE'RE TALKING ABOUT THIS, BUT IF WE COULD HAVE MORE PAINTED CROSSWALKS, IT COULD ALSO HELP WITH THE SAFETY ISSUE.

THAT'S ALL THE QUESTIONS I HAVE FOR YOU.

I'LL JUST END WITH A COMMENT.

YEARS AGO BEFORE I HAD CHILDREN AND BEFORE THERE WAS A THOUGHT OF BEING ON CITY COUNCIL, I TOOK A TRIP TO VANCOUVER, AND KEVIN AND AND I ON ONLY BICYCLES WENT TO PORTLAND, SEATTLE, VANCOUVER AND WE ONLY USED BICYCLES AND AMTRAK AND THE TRAIN TO GET AROUND, AND WHEN WE WERE STAYING IN VANCOUVER, I WANTED TO PICK A LOCATION THAT WAS CLOSE TO THE BIKE TRAILS AND CLOSE TO THE LAKE AND IT HAPPENED TO BE A VERY LARGE FINGERPRINT OF AN LGBT COMMUNITY THERE AND THEY HAD SIGNAGE AND CROSSWALKS AND DISTINCT DESIGNATION OF THE AREA, AND IT WAS AN OPPORTUNITY AND ALSO A WONDERFUL ACTIVE COMMUNITY WHERE, YOU KNOW, I KNOW WE FELT REALLY SAFE WALKING AROUND, AND THERE WAS LOTS OF WAYS TO DESIGNATE THE SPACE, AND I THINK THIS ACCOMPLISHES THAT, BUT -- AND I KNOW THAT MOST OF THIS IS PRIVATELY RAISED, USUALLY BY THE BUSINESSES THAT ARE TRYING TO ATTRACT PATRONS, TO EXPAND IT TO INCLUDE SIGNAGE OR INCLUDE FLAGS OR PERHAPS DESIGNATE A SPACE SO THAT PEOPLE KNOW THAT THEY FEEL WELCOME THERE AND FEEL SAFE THERE, AND I WOULD ENCOURAGE THAT TO BE EXPANDED AS WELL, AS WE KNOW THAT IT'S JUST A -- IT FEELS NICE TO DESIGNATE A SPACE.

AND SO I WOULD ENCOURAGE YOU TO TAKE IT A STEP FURTHER.

SO LOOKING FORWARD TO THE DATA YOU COLLECT HERE AND ALSO I FULLY SUPPORT THIS ITEM.

THANK YOU, MAYOR.

>> MAYOR NIRENBERG: THANK YOU, COUNCILWOMAN GONZALES.

COUNCILMAN PELAEZ?

>> PELAEZ: THANK YOU, MAYOR.

TO MY FRIENDS AND ADVOCATES OF THE LGBT COMMUNITY, I WANT YOU TO KNOW THAT I WAS RAISED CATHOLIC, AND THERE WAS A TIME WHERE I WAS AN ALTAR BOY, AND I USED TO GO TO CHURCH EVERY SUNDAY, AND I'VE -- I DON'T DO AS GOOD A JOB AS I USED TO, BUT, YOU KNOW, MY CATHOLIC VALUES ARE STILL THERE, AND SO I'M GOING TO LET YOU KNOW THAT I DON'T HATE YOU, AND I DON'T HATE YOU FOR NOT LOOKING LIKE ME, I DON'T HATE YOU FOR NOT WORSHIPING LIKE ME.

I DON'T HATE YOU FOR NOT LOVING LIKE ME.

IN FACT, THE OPPOSITE IS TRUE.

I THINK THAT ALL OF YOU, LIKE EVERYBODY -- AND EVERYBODY ELSE IN THIS ROOM, YOU WERE ALL BORN BEAUTIFUL AND YOU ALL DESERV TO EXPRESS YOURSELVES, WHOEVER YOU ARE, AND, YOU KNOW, MY CATHOLIC VALUES INFORM THAT POSITION, AND MY CATHOLIC VALUES INFORM ME WHEN I TELL YOU THAT I BELIEVE THAT EVERY ONE OF YOU IS WORTHY, REGARDLESS OF SEXUAL ORIENTATION, WORTHY OF DIGNITY AND WORTHY OF RIGHTS.

AND YOU HAVE A RIGHT TO DIGNITY, AND YOU HAVE A RIGHT TO HOLD HANDS WITH WHOMEVER YOU WANT IN PUBLIC, AND YOU HAVE A RIGHT TO BE SAFE, ESPECIALLY WHEN YOU CROSS THE STREET.

AND I'M HAPPY THAT WE'RE INSTALLING CROSSWALKS, WHERE CROSSWALKS HAVE ALREADY BEEN IN PLACE.

THEY'RE JUST FADED, RIGHT, ART? CAN YOU COME ON UP HERE? AND SO FROM THOSE PICTURES, THOSE CROSSWALKS ARE THERE, RIGHT?

>> SO JUST TO BACK UP.

[01:35:01]

BY STATE LAW EVERY INTERSECTION IS A LEGAL CROSSING POINT, WHETHER IT'S MARKED OR NOT.

IT'S A PERFECTLY LEGAL CROSSING.

YOU CAN SEE FROM THE PICTURES IN ONE OF THE ONES THAT YOU CAN STILL SEE THE CROSSWALK, BUT IN SEVERAL OF THE OTHER LOCATIONS THEY ARE COMPLETELY GONE.

>> PELAEZ: I HAVE A FEELING THAT TODAY THERE ARE WORK CREWS IN SAN ANTONIO WHO ARE PAINTING CROSSWALKS.

>> THAT'S CORRECT.

>> PELAEZ: OKAY.

AND WHEN WE CHOOSE TO PAINT ONE CROSSWALK OVER ANOTHER, USUALLY THE CRITERIA IS DOES IT NEED TO BE PAINTED OR NOT, AND I IMAGINE THAT THOSE CROSSWALKS WHERE IT HAD BEEN PREDETERMINED -- IN OTHER WORDS, WHERE SOMEBODY HAD ALREADY DETERMINED THAT A CROSSWALK NEEDED TO EXIST AND IF THE PAINT IS FADED SO MUCH TO WHERE IT'S HARD TO SEE THE CROSSWALK, THAT ONE PROBABLY GETS ATTENTION BEFORE ANOTHER CROSSWALK DOES, RIGHT?

>> THAT'S CORRECT.

WE -- YOU KNOW, ANNUALLY THROUGH OUR SCHOOL SAFETY PROGRAM WE'RE MARKING ABOUT 800 CROSSWALKS IN SCHOOL ZONES AND THEN A COUPLE HUNDRED ELSEWHERE.

>> PELAEZ: ALL RIGHT.

AND THIS PARTICULAR CORNER IS WHERE LOTS OF PEOPLE CROSS FREQUENTLY, RIGHT?

>> THAT'S CORRECT.

>> PELAEZ: OKAY.

NOW, JUST TO MAKE ABSOLUTELY SURE, IF WE WERE TO PAINT THE CROSSWALKS HERE LIKE WE WOULD ANYWHERE ELSE, IT WOULD COST THE SAME AMOUNT OF MONEY NO MATTER WHAT, RIGHT? IN OTHER WORDS, IF I WAS TO PAINT IT JUST ONE BLOCK UP AND DO THIS EXACT SAME CROSSWALK PROJECT, IT WOULDN'T COST MORE OR LESS?

>> THE MATERIALS WOULD COST THE SAME.

IT'S JUST THE QUANTITY COULD CHANGE BASED ON THE SIZE OF THE ROADWAY OR THE CONDITION OF THE EXISTING MARKINGS.

SO TO SAY IT WOULD BE THE EXACT SAME COST WOULD BE INCORRECT BUT THE COST FOR THE MATERIALS WOULD BE THE SAME.

>> PELAEZ: OKAY.

AND THEN THE ONLY DIFFERENCE HERE IS THAT WE'RE PAINTING IT A DIFFERENT COLOR, BUT THE DIFFERENT COLOR IS BEING PAID FOR WITH PRIVATE MONEY, RIGHT?

>> THAT'S CORRECT.

>> PELAEZ: OKAY.

SO IS THIS A -- BY THE WAY, I WAS -- I WAS LISTENING ATTENTIVELY TO EVERYTHING EVERYBODY WAS SAYING.

THERE'S NO PROGRAM IN PLACE OR LIKE A PILOT PROGRAM IN PLACE TO DO THIS.

THIS IS THE FIRST TIME EVER, I THINK, WHERE WE'VE HAD A CCR WHERE SOMEBODY MADE A VERY SPECIFIC INDIVIDUALIZED REQUEST FOR PAINTING A CROSSWALK A DIFFERENT COLOR, CORRECT?

>> THIS IS THE FIRST CCR THAT I'M AWARE OF FOR IT.

OVER THE YEARS WE HAVE GOTTEN REQUESTS FOR OTHER SORT OF CREATIVE CROSSWALKS, BUT NOT THROUGH A CCR.

>> PELAEZ: OKAY, BUT IS THERE A PROGRAM IN PLACE THAT WE CALL THE CREATIVE CROSSWALK PROGRAM OR SOMETHING -- YOU KNOW, SOMETHING LIKE THAT?

>> THERE IS NO DEDICATED PROGRAM.

BUT THROUGH TCI WE'VE DONE DECORATIVE CROSSWALKS, LIKE YOU SEE ON THE TOWER OF THE AMERICAS, THOSE HAVE A SPECIFIC STYLE AND SCHEME.

>> PELAEZ: THANKS, ART.

SO AGAIN, JUST IN CLOSING, TO OUR -- TO THE FRIENDS I WAS TALKING TO EARLIER, I'M REALLY SORRY THAT, YOU KNOW, GOD AND THE LOVE THAT HE'S GOT FOR YOU HAS BEEN OVERSHADOWED OFTENTIMES BY HATE AND PREJUDICE AND THAT SOMETIMES, LIKE MY COUNCILMAN -- MY FRIEND MR. BROCKHOUSE SAID, SOMETIMES, YOU KNOW, THE WORD OF GOD IS USED AS A WEAPON AS OPPOSED TO WHAT IT REALLY IS FOR.

AND SO I IMAGINE THAT'S VERY HURTFUL, AND SO AS A CATHOLIC, I'M REALLY SORRY THAT YOU HAVE TO SIT THROUGH SOME OF THAT, AND I IMAGINE THAT YOU SIT THROUGH THAT MORE OFTEN THAN I EVER WILL.

AND SO APOLOGIES EXTENDED, BUT JUST PLEASE REMEMBER, I THINK I SPEAK FOR EVERYBODY UP HERE ON THIS DAIS, WE LOVE YOU AND WE WANT THE BEST FOR YOU AND WE CELEBRATE YOUR ACCOMPLISHMENTS THE WAY WE HAVE CELEBRATED EVERY OTHER SAN ANTONIAN'S ACCOMPLISHMENTS AND THIS MONTH I'M CELEBRATING WITH YOU.

HAPPY PRIDE.

>> MAYOR NIRENBERG: THANK YOU, COUNCILMAN PELAEZ.

COUNCILMAN PERRY?

>> PERRY: THANK YOU, SIR.

ART, I'VE GOT A COUPLE QUESTIONS FOR YOU HERE, AND EXPLAIN TO ME, YOU KNOW, PILOT.

WHAT DOES THAT REALLY MEAN? I MEAN, I'M A LITTLE SLOW.

TELL ME WHAT A PILOT MEANS.

>> I THOUGHT YOU WERE IN THE AIR FORCE.

[LAUGHTER]

>> YEAH, BUT NOT A PILOT.

NOT A PILOT.

OKAY? NOT A PILOT.

[LAUGHTER]

>> GEE, THANKS.

[LAUGHTER]

>> SO AS -- JUST WENT TO THE GOVERNANCE COMMITTEE, IF YOU RECALL SOME OF THE CONVERSATIONS THAT WERE MENTIONED, THERE WERE SOME CONCERNS THAT WERE BROUGHT UP BY STAFF ABOUT THE PROGRAM, ABOUT THE SPECIFIC CROSSWALK.

SO THE DISCUSSION GAP] TO INSTALL THESE -- THIS INTERSECTION, AND THEN MEASURE SOME SPECIFICS TO SEE HOW IT AFFECTS ANY SORT OF SAFETY OR THE OTHER THINGS, YOU KNOW, IS IT BEING VANDALIZED OR ARE THERE A LOT OF MAINTENANCE REQUESTS FOR IT, THINGS LIKE THAT.

SO THAT'S WHAT THE PILOT IS, IS TO MEASURE WHAT THE MEASURABLES MAY BE AND THEN REPORT BACK AND THEN THERE WILL BE A POLICY DISCUSSION TO SAY, YOU KNOW, SHOULD WE DO MORE OF THESE FOR

[01:40:01]

OTHER -- OTHER GROUPS OR STYLES.

SO THAT'S WHAT THE PROGRAM WAS.

>> PERRY: OKAY.

>> LET ME JUST ADD TO THAT, WE AS A CITY CONDUCT PILOT PROGRAMS REGULARLY, SO WE MAY HAVE IDEAS OR THERE MAY BE POLICY RECOMMENDATIONS FROM THE CITY COUNCIL THAT WE WANT TO PRACTICE WITH IN A SMALL AREA, DEVELOP SOME CRITERIA FOR EVALUATION, SET A PERIOD OF TIME THAT WE WILL CONSIDER THAT, AND THEN REPORT BACK TO THE COUNCIL ON THAT PROGRAM EXPERIENCE, AS WELL AS THE PROCESS FOR GOING FORWARD AND ANY MODIFICATIONS TO THE PROGRAM BASED UPON THE EXPERIENCE IN THAT PILOT PERIOD OF TIME AND PILOT AREA.

YESTERDAY AT THE B SESSION WE TALKED ABOUT INNOVATION ZONES, AND THOSE ARE SOMEWHAT SIMILAR IN THAT WE ARE EXPERIMENTING WITH TECHNOLOGY IN THREE AREAS THAT THEN CAN BE USED THROUGHOUT THE WHOLE COMMUNITY.

AND SO THESE, AND THIS, IS A REGULAR PRACTICE OF OUR ORGANIZATION BECAUSE WE'RE SUCH A LARGE COMMUNITY, AND IT MAKES SENSE TO DO IT IN A SMALL AREA TO MAKE SURE WE GET IT RIGHT, AND THEN IF POSSIBLE AND AT THE COUNCIL'S POLICY DIRECTION, IT CAN BE IMPLEMENTED CITYWIDE.

>> PERRY: THANK YOU FOR THAT.

I JUST WANTED TO MAKE SURE THAT THE PEOPLE HERE AND LISTENING TO THIS AND WATCHING THIS OUT THERE UNDERSTAND WHAT WE'RE TALKING ABOUT DOING A PILOT PROGRAM.

IT WAS GOOD TO HEAR FROM -- FROM THE COMMUNITY ABOUT -- NOT -- I'M NOT QUITE THROUGH, ART.

[CHUCKLE] -- ABOUT HAVING CONTINGENCY FUNDS FOR DAMAGE OR THAT KIND OF THING.

YOU KNOW, THIS, AS YOU WERE SAYING, THIS ISN'T JUST REGULAR PAINT.

THIS IS -- THIS 3M OR WHATEVER PRODUCT IT IS, IT'S FILM, I GUESS IS A GOOD WAY TO PUT IT, TO PUT DOWN ON THE STREETS.

IT LASTS LONGER THAN PAINT.

IF THERE IS DAMAGE OUT THERE, THAT KIND OF THING, WOULD WE BE GETTING REIMBURSED FOR ONLY THE MATERIALS OR MATERIALS PLUS THE MANPOWER? BECAUSE AGAIN, IT'S NOT JUST GOING OUT THERE AND PAINTING PATCHWORK.

>> RIGHT, AS I ANSWERED EARLIER, THERE'S ZERO COST BUDGETED FOR THE MAINTENANCE OF THIS, SO IF IT DOES GET DAMAGED OR NEEDS TO BE REFRESHED OR SOMETHING, YOU KNOW, THROUGH PRIVATE DONATION, IF -- IF THAT -- IF THERE'S A MEANS FOR THAT, YOU KNOW, WE CAN -- BACK HERE TO ACCEPT ANOTHER DONATION AGREEMENT, BUT AS FAR AS DAY-TO-DAY CITY OPERATIONS, I MEAN, WE WILL NOT BE PUTTING FORTH COSTS TO MAINTAIN THE COLOR PORTION OF THIS.

>> PERRY: INCLUDING THE MANPOWER?

>> RIGHT.

>> PERRY: OKAY.

GREAT.

I JUST WANTED TO MAKE SURE ABOUT THAT.

I GUESS THERE ISN'T LIKE A PROCESS SET UP YET FOR -- OR GOING BACK AND ACTUALLY GETTING REIMBURSED FOR THAT?

>> AND I'LL JUST MENTION, JUST IN GENERAL FOR A CROSSWALK.

SO AS AN EXAMPLE, THE SCHOOL CROSSWALK PROGRAM WE HAVE, THOSE ARE ESSENTIALLY ON A THREE-YEAR CYCLE, SO THAT'S WHEN WE'LL GO BACK AND REFRESH THEM OR PUT NEW MARKINGS DOWN.

SO THAT'S THE TYPE OF MAINTENANCE PROGRAM WE DO HAVE FOR GENERAL CROSSWALKS.

>> OKAY.

GREAT.

THAT'S MY ONLY OTHER QUESTION FOR YOU.

I JUST WANTED TO GO OVER A COUPLE OF THINGS HERE.

YOU KNOW, LOOKING AT THIS, THIS WAS BOUND TO HAPPEN SOONER OR LATER.

IT DIDN'T MATTER WHETHER IT WAS A RAINBOW CROSSWALK, A PRO-LIFE, PRO-CHOICE, AMERICAN LEGION OR VFW WANTING TO DO SOMETHING LIKE THIS HERE IN SAN ANTONIO.

TO ME, IT'S NOT ABOUT THE ORGANIZATION.

EXCLUDE, YOU KNOW, WE'RE BEING INCLUSIVE HERE.

THAT'S GREAT, BUT GAP] ARE PUT TOGETHER, WE AREN'T EXCLUDING ORGANIZATION FROM THIS SORT OF ACTIVITY OR -- OR OPPORTUNITY TO ADVERTISE OR WHATEVER YOU WANT TO CALL IT, WHETHER THESE ARE CONSIDERED TRULY CROSSWALKS OR SIGNS, AND I THINK THERE IS A DIFFERENCE THERE IN THE RULES AND REGULATIONS THAT GO ALONG WITH THAT.

I JUST THINK THAT WE HAVE TO BE INCLUSIVE AND I'M REALLY LOOKING FORWARD TO THE END OF THIS EVALUATION PERIOD.

I'M NOT SURE THAT SIX MONTHS IS REALLY LONG ENOUGH, PERSONALLY.

I THINK IT NEEDS TO BE A LONGER TEST PERIOD.

ART, ARE YOU ALL THINKING ABOUT THAT OR IS IT JUST SIX MONTHS AND WE'RE GOING TO --

>> THAT'S A VALID POINT.

WHAT WE INTEND TO DO IS AFTER SIX MONTHS, IF WE'RE NOT SEEING MUCH DATA, YOU KNOW, PROVIDE AN UPDATE TO

[01:45:03]

THE TRANSPORTATION COMMITTEE, POSSIBLY TO EXTEND IT FURTHER BUT THAT COULD VERY WELL HAPPEN.

>> OKAY.

SORRY FOR CALLING YOU UP AGAIN.

BUT THAT'S WHAT'S IMPORTANT TO ME, AND I JUST LOOK FORWARD TO THE DATA ON WHAT -- WHAT COMES OUT ON THE OTHER END SO THAT AS IT COMES FORWARD AGAIN WE'RE ABLE TO TAKE A LOOK AT THAT AND MAKE AN INTELLIGENT DECISION ON WHETHER WE'RE GOING TO CONTINUE THIS PROCESS OR NOT.

THANK YOU VERY MUCH, SIR, I APPRECIATE IT.

>> MAYOR NIRENBERG: THANK YOU, COUNCILMAN PERRY.

COUNCILMAN BROCKHOUSE?

>> BROCKHOUSE: THANK YOU, MAYOR.

I DO WANT MY CONCERN ABOUT GOING THROUGH THE GOVERNANCE PROCESS -- GIVES ME A LITTLE BIT OF PAUSE TO ALLOWING OTHER OPPORTUNITIES TO APPLYLY FOR THESE ITEMS. THE GOVERNMENT PROCESS HAS SLOWED DOWN.

CCRS HAVEN'T BEEN HEARD FOR MONTHS.

SO WITH THAT IN MIND I'D LIKE TO MOTION TO ACCEPT -- TO ADD TO THE LANGUAGE OF THIS TO ACCEPT ANY APPLICATION FOR A CREATIVE CROSSWALK WHEN A GROUP ORGANIZATION HAS THE REQUIRED FUNDING ALREADY IN HAND, THAT THEY CAN APPLY FOR A CROSSWALK THEMSELVES DURING THE PILOT PERIOD, NOT TO BE IMPLEMENTED YOU B -- UNTILTHE END OF THE PERIODT THAT THE ORGANIZATIONS CAN APPLY WITH THE FUNDING IN HAND DURING THE PILOT PROGRAM.

MY RATIONALE BEHIND THAT IS PRETTY SIMPLE.

I THINK IT DOES MATTER, RIGHT? IF YOU'RE RUNNING A TRUE PILOT PROGRAM, YOU DON'T KNOW WHO'S GOING TO APPLY, WHO'S NOT GOING TO APPLY.

SO I THINK IT WOULD BE USEFUL INFORMATION TO SEE IF IT'S AN OPEN APPLICATION PROCESS TO SEE WHO WOULD APPLY BECAUSE AT THAT POINT THE APPLICATION PROCESS TO ANDY'S POINT, IS THE GOVERNMENT DECIDES, WHICH IS APPROPRIATE EXPRESSION OR NOT AT THAT POINT, RIGHT? WE COULD TURN DOWN AN ORGANIZATION.

WE COULD APPROVE AN ORGANIZATION.

SO WE DON'T EVEN KNOW WHAT ORGANIZATIONS WOULD APPLY.

YES, I'VE HAD ORGANIZATIONS APPROACH ME SAYING THEY WOULD WANT -- THEY WOULD WANT TO IMPLEMENT THE SIDEWALK.

WOULD THEY REALLY DO IT IF THEY DIDN'T HAVE THE MONEY? I MEAN, IT WOULD BE INTERESTING.

ANDY, DID YOU.

>> COUNCILMAN, YES, TO THE EXTENT THERE IS A PROCESS, RECOMMENDATION, THOUGH, THAT WE ESTABLISH CRITERIA AS TO WHAT THE APPLICANT NEEDS TO PUT IN SUCH AN APPLICATION.

FOR EXAMPLE, IS IT CULTURAL, HISTORICAL, DIVERSITY, SIGNIFICANCE TO THE AREA, THINGS LIKE THAT.

IT WAS MY UNDERSTANDING THAT FROM THE PILOT THAT WE WERE DOING WITH THIS CROSSWALK, WE WOULD GENERATE SUCH CRITERIA SO AS APPLICANTS SUBMITTED, THEY WOULD HAVE AT LEAST AN IDEA AS TO WHETHER THAT APPLICATION WOULD BE ACCEPTED OR NOT.

>> CALL IT INTO -- SO WE DO HAVE CREATIVE CROSSWALKS IN THE CITY, RIGHT, ART? I MEAN, WE HAVE OTHER ONES WE'RE DOING FOR DIFFERENT ORGANIZATIONS OR BUILDINGS?

>> I WOULDN'T SAY THEIR --

>> NOT NECESSARILY CREATIVE IN THAT DESIGNATION --

>> THE ONES I REFERRED TO, AS A GOOD EXAMPLE, IT WOULD BE TOWER OF THE AMERICAS.

THERE'S A VERY SPECIFIC COLOR SCHEME AND PATTERN THROUGH STATE REGULATIONS SO THOSE ARE THE TYPES, MORE DECORATIVE.

THE PILOT ITSELF WOULD BE REALLY SPECIFICALLY LOOKING AT THE SAFETY CONSIDERATIONS, NOT NECESSARILY WHO ELSE MAY BE INTERESTED, BECAUSE LIKE I SAID, WE --

>> BROCKHOUSE: THAT'S AN INTERESTING POINT THERE YOU JUST MADE.

YOU STATED THAT IT'S ONLY LOOKING AT SAFETY ISSUES.

ACCORDING TO -- I MEAN, WHAT THE CITY ATTORNEY JUST SAID IT'S VERY CRITICAL, IT ALSO NEEDS TO THEREFORE EXAMINE SPEECH ISSUES, RIGHT? BECAUSE THE GOVERNMENT AT THAT POINT -- THE GOVERNMENT IS ADOPTING, SO -- THE LGBT COMMUNITY IS USING THEIR EXPRESSION OF SPEECH, RIGHT? IT'S PROTECTED.

THEY WANT TO PUT IT -- BUT THE MINUTE WE ADOPT IT AS THE GOVERNMENT IT BECOMES GOVERNMENT SPEECH, BECAUSE NOW IT'S ON A GOVERNMENT RIGHT-OF-WAY, SO WE'RE SAYING -- SO AT THAT POINT IT'S NOW OUR SPEECH BECAUSE IT'S ON PUBLIC RIGHT-OF-WAY, IT'S A GOVERNMENT ENTITY AT THAT POINT.

WE OWN THAT, RIGHT? WE OWN THAT CROSSWALK, SO NOW IT'S A GOVERNMENT SPEECH PERSPECTIVE, WHICH ALLOWS US TO CHOOSE SO -- BUT YOU JUST SAID THAT WE'RE NOT GOING TO BE TALKING ABOUT -- OR, YOU DIDN'T SAY IT -- YOU JUST SAID WE WERE ONLY GOING TO BE LOOKING [INAUDIBLE] SAFETY.

>> THE PARAMETERS I WAS LOOKING FOR IS THOSE BUT SIMULTANEOUSLY WE'LL LOOK AT THE PROCESS AS FAR AS WHAT ANDY TALKED ABOUT --

>> ALL RIGHT.

COUNCILMAN, BUT WE'RE GOING TO DO TWO THINGS.

ONE, WE'RE GOING TO MEASURE THE PERFORMANCE OF THIS CROSSWALK TO INCLUDE THINGS LIKE SAFETY, MAINTENANCE ISSUES.

SECONDLY WE'LL BE DEVELOPING A PROCESS THAT WE'LL RECOMMEND TO THE TRANSPORTATION COMMITTEE AND ULTIMATELY THE FULL COUNCIL, ON HOW TO PROCEED WITH ADDITIONAL REQUESTS.

SO WE'LL BE DOING TWO THINGS, DEVELOPING THE METRICS FROM THIS CROSSWALK AND THEN DEVELOPING A PROCESS THAT THE COUNCIL CAN CONSIDER FOR FUTURE APPLICATIONS.

[01:50:01]

>> BROCKHOUSE: OKAY.

WOULD IT BE USEFUL INFORMATION TO KNOW WHO'S GOING TO APPLY? WOULD YOU WANT TO KNOW THAT?

>> FOR THE PURPOSE OF THE PILOT, I DON'T THINK IT WOULD BE, BUT --

>> MAYOR NIRENBERG: ANDY, YOU GOT ANOTHER --

>> NO, AGAIN, I JUST WANTED TO EMPHASIZE, COUNCILMAN, YOU'RE RIGHT IN THAT THE GOVERNMENT SPEECH, AND SO TO THE EXTENT IS THAT IT IS GOVERNMENT SPEECH WE SHOULD HAVE A PROCESS IN TERMS OF PEOPLE WHO MAY BE INTERESTED GROUPS, AREAS, ET CETERA, AND IT'S MOST DEFENSIBLE FROM A LEGAL STANDPOINT IF THERE'S CRITERIA ESTABLISHED SO APPLICANTS KNOW BEFORE THEY APPLY AS TO WHAT -- WHAT THE CITY WOULD CONSIDER -- OR WHAT THE PROCESS WOULD BE AND WHAT THE CITY WOULD CONSIDER APPROPRIATE FOR MESSAGING ON THE CROSSWALKS.

>> BROCKHOUSE: THAT IS PART OF MY CONCERN, RIGHT, IS AT THAT POINT THAT CROSSWALK NO LONGER HAS FIRST AMENDMENT PROTECTIONS, CORRECT? BECAUSE IT'S NOT A PERSONAL SPEECH, IT BECOMES GOVERNMENT SPEECH, CORRECT?

>> IT'S GOVERNMENT SPEECH, CORRECT.

AND THERE'S NOTHING IN TERMS OF THE -- ONE OF THE THINGS THAT THE SUPREME COURT NOTED IS BY HAVING -- IN THIS CASE WAS A LICENSE PLATE, WHETHER YOU EVER MESSAGE IS ON THE LICENSE PLATE OR NOT DOESN'T IN ANY WAY INTERFERE OR DIMINISH ANY PRIVATE CITIZEN'S RIGHT TO FREE SPEECH.

>> BROCKHOUSE: OKAY, WELL, I'D LIKE TO CITY ALLOW FOR APPLICATIONS.

I THINK THE MOTION STILL STANDS.

IF WE CAN ALLOW FOR PEOPLE TO APPLY -- THEY HAVE TO HAVE THE MONEY.

I MEAN, AT THIS POINT I THINK -- I WORRY ABOUT THE PRECEDENT IT SETS, THAT WE'RE NOT ALLOWING OTHER ORGANIZATIONS TO DO IT.

COUPLE THAT WITH A SLOW, NOT VERY RESPONSIVE CCR AND GOVERNANCE PROCESS, I THINK IT'S DOUBLY DIFFICULT.

SO I DON'T ACTUALLY -- AGAIN, I'LL REITERATE FOR THE RECORD, I DON'T HAVE A CONCERN WITH THE CROSSWALK ITSELF.

I MEAN, THEY RAISED THE MONEY.

CONGRATULATIONS AND FINE WORK, COUNCILMAN TREVINO, FOR ASSISTING THEM AT THE END THERE WITH THE METAL SALES AND EVERYTHING ELSE.

I DON'T HAVE ANY PROBLEM WITH THE CROSSWALK, THEY FUNDED IT, THERE'S NO TAX DOLLARS GOING TOWARD IT, THAT HAS TO BE CLEAR TO THE CITIZENS LISTENING.

THERE ARE NO TAX DECLARES, THE UPKEEP AND MAINTENANCE IS NOT SOMETHING THE CITY IS DOING.

I THINK EVERYBODY SHOULD HAVE THE OPPORTUNITY TO DO IT THE.

CCR PROCESS IS VERY SLOW -- YOU CAN'T GET ANYTHING THROUGH, IT'S VERY SLOW, SO I'D LIKE TO ATTEMPT TO MOTION SO PEOPLE CAN APPLY IF THEY CHOOSE.

THEY KNOW THERE'S AN EMOTIONAL PROCESS TO GO THROUGH.

AND --

>> MAYOR NIRENBERG: ANDY, CAN I ASK FOR CLARIFICATION? MY UNDERSTANDING IS THIS IS TO ACCEPT PRIVATE FUNDS FOR THE ROSS CROSSWALK.

IS IT GERMANE TO ADD PRIVATE PROGRAM THAT WAS APPROVED AS PART OF THE GOVERNANCE COMMITTEE?

>> IT'S -- WHAT WAS POSTED WAS ACCEPTANCE OF THE DONATION, MAYOR, SO IT WOULD BE DIFFICULT TO SEE HOW THE ADDITIONAL MOTION WOULD BE DIRECTLY TIED F TO IT.

>> IT WOULD BE DIRECTLY TIED IF ANOTHER ORGANIZATION SHOWED UP WITH DONATION FUNDS.

THE LINK IS THE ACCEPTANCE OF THE CASH.

I MEAN, LOOK, IT'S -- WE'RE ACCEPTING MONEY SO THAT -- THE GERMANE PORTION OF THIS IS IT'S SIMILAR, IF SOMEBODY WALKED IN THAT DOOR TOMORROW, THEY SHOULD HAVE THE RIGHT, IF THEY HAVE -- THEY OBTAIN THE FUNDS, AND THEN AT THAT POINT, YOU KNOW, WE'VE GOT A PILOT PROGRAM GOING ON, WE COULD LOOK AT IT CASE BY CASE, IT

>> MAYOR NIRENBERG: OKAY.

WAS THERE A SECOND? THERE'S A MOTION AND SECOND FOR -- CAN YOU RESTATE YOUR MOTION?

>> I MONTH TO ALLOW FOR COMMISSION OF APPLICATIONS WITH THE REQUIRED FUNDING FOR CREATIVE CROSSWALK.

DURING THE PILOT PERIOD, AS ESTABLISHED BY "T" "C" "I."

>> MAYOR NIRENBERG: OKAY.

ALL RIGHT.

THERE IS A PRIMARY MOTION ON THE FLOOR.

WE'LL TAKE THAT UP FIRST AND GO TO COUNCILMAN TREVINO'S MOTION

[01:55:01]

AS WE GET TO THE OTHER MOTIONS.

COUNCILMAN TREVINO.

>> TREVINO: I WAS GOING TO CLOSE THIS WITH SOME MORE THANK YOUS.

LET ME JUST SAY A COUPLE THINGS BECAUSE THERE'S SOME QUESTIONS ABOUT FUNDING.

WE DID RAISE SOME EXTRA FUNDING FOR MAINTENANCE AS WELL, SO WE'RE REALLY PROUD OF THAT -- THIS PARTICULAR EFFORT.

IT'S HELPED TO HIGHLIGHT A LOT OF THE GREAT WORK THAT HAS BEEN ESTABLISHED, AND SO WHAT WE'RE DOING IS WE'RE BUILDING ON TOP OF OTHER GREAT WORK, AND SO I WANT TO ACKNOWLEDGE SOME OF THAT.

NUMBER ONE.

I DID FAIL TO MENTION SOMEBODY THAT IS VERY SPECIAL TO US, AND HAS WORKED VERY HARD TO ESTABLISH THE NEW PRIDE CENTER, THANK YOU FOR ALL YOU'RE DOING AND YOUR PARTNERSHIP TO MAKE EFFORTS LIKE THESE VERY, VERY WELL KNOWN, GOOD POLICY HERE IN SAN ANTONIO.

I WOULD LIKE TO POINT OUT THE FIRST MEDAL I GOT A DONATION FROM WAS SHERYL SCULLY, SO I WANT TO THANK SHERYL FOR ALSO CONTRIBUTING AS WELL AS THE HUNDREDS OF PEOPLE I SAY THOUSANDS THAT BOUGHT THAT MEDAL AND DONATED TO THIS CAUSE.

SHOWS IT'S A COMMUNITY EFFORT.

BUT I WAS ALSO REMINDED BY MY COLLEAGUES WHO WERE HERE WHEN THEY PASSED THE NDO AND I WANT TO THANK YOU GUYS FOR YOUR COURAGE, AND KNOW THAT I -- I REALLY APPRECIATE YOUR HARD WORK ON THAT, AND I STAND ON THE WORK THAT YOU GUYS HAVE GOTTEN DONE.

AND THIS SHOWS THAT WE'RE BUILDING BRIDGES.

WE'RE BUILDING REALLY GOOD POLICY HERE IN SAN ANTONIO, AND WE ARE INCLUSIVE.

WE ARE NOT EXCLUDING ANYBODY OF ANYTHING, AND WE'RE -- WE ARE ALWAYS WILLING TO TALK ABOUT ISSUES, TO TALK ABOUT CONCERNS THAT PEOPLE HAVE, AND I THINK THAT'S WHAT YOU HAVE IN THIS COUNCIL.

I'LL FINISH MY COMMENTS AND THANK YOUS BY THANKING MY PEDESTRIAN CESAR FOR LEADING THE CHARGE ON THE NDO ALMOST FIVE YEARS AGO, BECAUSE I SUPPORT IT THEN, I SUPPORT IT NOW AND IT IS THE EXAMPLES THAT WE'RE SETTING IN THIS COMMUNITY ALONG WITH SETTING UP THE PRIDE CENTER, PUT TH TOGETHER THE CROSSWALK AND MANY THINGS TO COME.

I LOOK FORWARD TO WORKING WITH MY COLLEAGUES ON INCLUSIVE COMPASSIONATE POLICIES THAT WE CAN PROVIDE FOR OUR COMMUNITY TO PROVIDE THAT SAFE PLACE HERE IN SAN ANTONIO.

THANK YOU, MAYOR.

>> MAYOR NIRENBERG: THANK YOU COUNCILMAN TREVINO.

COUNCILMAN PELAEZ.

>> PELAEZ: I SHOWED UP THIS MORNING HAVING READ MY AGENDA LAST NIGHT AND ALL WE WERE SUPPOSED TO TALK ABOUT IS ACCEPTING $20,000 AS A GIFT FOR THE PURPOSE OF PUTTING A COLORED CROSSWALK ON NORTH MAIN AND EAST EVER GREEN AND NOW WE'RE TALKING ABOUT PILOT PROGRAMS, PROCESSES AND AMENDING SO WE CAN START DEALING WITH FUTURE GIFTS, I THINK WE'RE KIND OF OFF TRACK.

I'M GOING TO CALL THE QUESTION ON BOTH OF THESE MOTIONS.

MORE IMPORTANTLY NOBODY HAD A PROBLEM WITH PILOT PROGRAMS OR FUTURE GIFTS WHEN WE ACCEPTED THE ORANGE TORCH DOWNTOWN AND WE ACCEPTED THOSE.

I DON'T REMEMBER ANYBODY ON THIS DAIS WORRIED ABOUT THE PROCESS WHEN WE ACCEPTED A BUNCH OF GIFTS FROM SISTER CITIES THAT SHOWED UP LAST MONTH.

THIS ONE SEEMS TO PUSH BUTTONS AND I'D LOVE TO HAVE A CONVERSATION ABOUT THAT AS OPPOSED TO PROCESS.

>> MAYOR NIRENBERG: HE DID CALL THE QUESTION.

ANDY, I NEED TO KNOW IF WE NEED TO TAKE A VOTE ON THAT OR THERE'S OTHER COUNCIL MEMBERS IN THE QUEUE?

>> I THINK TAKE COMMENTS ON THE MOTION ON THE FLOOR, MAYOR, IF YOU'D LIKE.

>> MAYOR NIRENBERG: WE HAVE A SHORT LIST.

COUNCILWOMAN VIAGRAN?

>> VIAGRAN: YEAH.

I DON'T UNDERSTAND YOUR MOTION, COUNCILMAN BROCKHOUSE.

I DON'T UNDERSTAND THE ACCEPTING OF THE MONEY FOR THE PILOT PROGRAM.

WE'RE ALREADY HAVING THAT CONVERSATION WITH THE PILOT PROGRAM ABOUT WHAT THE NEXT STEPS ARE, WHAT THE PARAMETER STEPS ARE.

IS THAT CORRECT? WHAT WE'VE ALREADY ESTABLISHED AND VOTED ON IN THE PAST.

>> RIGHT.

>> VIAGRAN: WE'VE ALREADY ESTABLISHED WE'RE GOING TO GET THAT DATA TO SEE WHAT NEEDS TO HAPPEN.

IS THAT CORRECT?

>> THAT'S CORRECT.

THE GOVERNANCE COMMITTEE

[02:00:01]

APPROVED THE PILOT PROGRAM.

AS PART OF THAT WE'RE HERE TO ACCEPT HONEY FOR INSTALLATION OF THE CROSSWALK.

>> VIAGRAN: THANK YOU FOR THAT CLARIFICATION.

>> MAYOR NIRENBERG: THANK YOU WOMAN VIAGRAN.

DID YOU WANT TO CLARIFY SOMETHING COUNCILMAN?

>> I JUST THINK ANYBODY SHOULD BE ALLOWED TO APPLY.

THAT'S IT.

WE CAN DO IT NOW FOR THE RECORD WITH THE CCR PROCESS.

I DON'T HAVE ANY FAITH IN THE CCR PROCESS ANY LONGER.

IT'S JUST BROKE.

IT'S TOO SLOW.

PEOPLE SHOULD BE ALLOWED TO APPLY IF THEY HAVE THE CASH.

THAT'S IT.

I THINK IT WOULD BE HELPFUL, TOO, DURING THE PILOT PROGRAM, THEY KNOW WHO IS APPLYING, WHAT KIND OF PEOPLE -- MAYBE NOBODY.

I HAVE RECEIVED LEGITIMATE CALLS ABOUT WANTING TO APPLY.

THAT'S MY CONCERN IS THAT CITIZENS HAVE TO WAIT.

I CONSIDER IT EQUAL ACCESS, SPEECH ISSUE FOR ANY CITIZEN THAT WANTS TO COME IN AND MAKE APPLICATION TO DO IT.

MY MOTION IS TO ALLOW FOR APPLICATION WITH FUNDING AT HAND.

YOU GOT TO HAVE THE CASH TO MEET THE SAME REQUIREMENTS THAT THE LBGT COMMUNITY MET AND COUNCILMAN TREVINO SATISFIED.

IT'S AS SIMPLE AS THAT.

NOTHING JUST ALLOW FOR APPLICATIONS WITH CASH.

>> MAYOR NIRENBERG: THANK YOU COUNCILMAN BROCKHOUSE, WOMAN SANDOVAL.

>> SANDOVAL: A QUESTION FOR CITY MANAGER.

SETTING UP A PROGRAM WHERE PEOPLE CAN APPLY FOR SOMETHING, DOES THAT REQUIRE COUNCIL ACTION?

>>

>> SCULLEY: IT DEPENDS ON THE CIRCUMSTANCES REGARDING THE PROGRAM.

BUT LET ME SAY THIS.

BASED ON THAT RECOMMENDATION THAT ANYONE COULD APPLY, WE -- I DO NOT RECOMMEND THAT AT THIS TIME.

THIS IS A PILOT PROGRAM TO EVALUATE WHAT IS OCCURRING AT THIS INTERSECTION, AND WE WILL COME BACK WITH RECOMMENDATIONS, INCLUDING ADDITIONAL CRITERIA THAT COULD INVOLVE A NUMBER OF FACTORS.

THAT'S WHY WE HAVE A PILOT PROGRAM.

I DON'T RECOMMEND THAT YOU EXPAND IT AT THIS TIME BUT RATHER LET'S GO WITH THIS PILOT PROJECT, THE FUNDS HAVE BEEN PROVIDED.

WE'LL COME BACK TO CITY COUNCIL WITH OPERATIONAL SUCCESS OR FAILURE OR MODIFICATIONS THAT MAY BE NEEDED.

>> SANDOVAL: THANK YOU.

AND WHEN WE DO GO BACK THIS WILL GO TO THE TRANSPORTATION COMMITTEE?

>> SCULLEY: IT IS SCHEDULED TO COME BACK, MAYOR AND COUNCIL, TO THE TRANSPORTATION COMMITTEE.

IT CAN ALSO COME TO THE GOVERNANCE COMMITTEE IF THAT IS THE DESIRE OF THE MAYOR BUT ULTIMATELY IT WILL COME TO THE FULL CITY COUNCIL.

>> SANDOVAL: AND, SHERYL, CAN YOU ALSO REMIND ME WHO SITS ON THE TRANSPORTATION COMMITTEE?

>> SCULLEY: THIS T IS CHAIRED BY COUNCILMAN SALDANA AND OTHERS OF YOU WHO SERVE ON TRANSPORTATION.

COUNCILWOMAN GONZALES, WOMAN SAN SANDOVAL.

COUNCILMAN PELAEZ AND COUNCILMAN BROCKHOUSE ALSO SIT ON THAT COMMITTEE.

I DON'T THINK THAT -- COUNCILMAN BROCKHOUSE I SEE YOUR CONCERN.

I REALLY -- I DON'T THINK IT'S RELEVANT TO -- 100 PERCENT RELEVANT TO WHAT IS BEING VOTED ON RIGHT NOW.

IT MAKES ME WONDER WHY IT'S COMING UP.

WHY YOU'RE BRINGING IT UP IF THIS IS A PILOT PROGRAM.

THE VOTE WE WOULD BE TAKING, IT'S NOT AGENDA.

I KNOW YOU WORRY ABOUT HOW WE DO OUR GOVERNMENT PROCESS HERE.

I WILL VOTE NO.

BECAUSE IT'S NOT AGENDA.

IT HAS NOT GONE THROUGH COMMITTEE.

IT HAS NOT BEEN VETTED AND IF YOU WANT TO GIVE DIRECTION TO STAFF I THINK YOU CAN STILL DO THAT WITHOUT TAKING ACTION HERE ON AN ITEM THAT'S NOT AGENDAIZED.

THANK YOU, MAYOR.

>> MAYOR NIRENBERG: THANK YOU, WOMAN SANDOVAL.

COUNCILMAN COURAGE.

>> COURAGE: CONCEPTUALLY, I SUPPORT WHAT COUNCILMAN BROCKHOUSE IS PROPOSING, HOWEVER, I THINK WE NEED TO COMPLETE THE PILOT PROJECT IN ORDER TO IMPLEMENT WHAT HE'S PROPOSING.

I MEAN, IT'S ONE THING TO SAY, WELL, WHOEVER SHOWS UP WITH MONEY, BUT HOW MUCH MONEY.

THIS PARTICULAR PROJECT THAT WE'RE GOING TO BE ACCEPTING A DONATION FOR, WAS A PROJECT THAT HAS GONE THROUGH A PROCESS ITSELF, AND THAT PROCESS INCLUDED PEOPLE MAKING THE SUGGESTION AND HAVING IT EVALUATED, THE CITY LOOKING AT THE INTERSECTION, THE CITY DETERMINING HOW BIG THE INTERSECTION IS, HOW MUCH IT WOULD COST TO DO THAT PARTICULAR INTERSECTION.

IT'S AN INTERSECTION THAT IS REALLY SUPPORTED -- THIS

[02:05:01]

ACTIVITY IS SUPPORTED BY THE COMMUNITY AROUND THAT INTERSECTION.

AND IS THAT INTERSECTION APPROPRIATE FOR THIS? I THINK ALL OF THOSE HAVE MORE OR LESS GONE INTO THE THOUGHT PROCESS THAT'S COME BEFORE THE COMMITTEE AND I THINK THOSE KINDS OF CONSIDERATIONS ALL NEED TO BE DEVELOPED THROUGH THIS PILOT PROCESS.

YOU KNOW, WHAT'S THE MESSAGE THAT SOMEBODY WANTS TO DELIVER? WHAT IS -- IS IT GOING TO BE WORDS? IS IT GOING TO BE IMAGES? IS THAT LOCATION APPROPRIATE FOR THAT PARTICULAR MESSAGE THEY MAY WANT TO GIVE OR INAPPROPRIATE? WILL THAT LOCATION HAVE COMMUNITY SUPPORT FOR THAT PARTICULAR MESSAGE, THAT THAT PARTICULAR GROUP WANTS TO PUT THERE? I THINK ALL OF THAT CAN BE AND SHOULD BE DEVELOPED THROUGH THIS PILOT PROCESS.

AND SO THAT'S WHY I'M GOING TO VOTE AT THIS TIME NOT TO SUPPORT, EVEN THOUGH CONCEPTUALLY I DO AGREE THAT WE SHOULD BE ABLE TO AFFORD MORE OPPORTUNITIES FOR THESE IN THE FUTURE.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU COUNCILMAN COURAGE.

COUNCILMAN BROCKHOUSE.

>> BROCKHOUSE: A COUPLE KEY POINTS.

SORRY I LEN THENNED YOUR DAY, IT'S PART OF YOUR JOB.

AND COULD WOMAN

>> SANDOVAL: I WOULD SAY THE THREAT OF THE IMPLICATION YOU'RE MAKING AS TO MY REASON FOR THIS, IS I ALREADY -- ACCEPTING THE CASH.

I TOLD YOU I'M IN SUPPORT OF THAT.

THAT'S NOT THE ISSUE.

YOU'RE TRYING TO DRAW AN INFERENCE, I PUT MY FOOT DOWN THAT'S NOT WHERE I'M AT.

MY POINT IS I'M GOING TO ACCEPT THE CASH.

THAT'S NOT THE PROBLEM.

I DON'T KNOW HOW MUCH MORE I CAN BE IN THAT FACT.

YOU'RE DRAWING A LINE AGAIN, BECAUSE I DIFFER WITH YOU, DOESN'T MEAN I'M DISAGREEABLE.

DOESN'T MEAN I'M CROSSING PEACE, I JUST ASK THAT YOU CONTINUE TO BE CAREFUL IF WE DISAGREE.

IF YOU HAVE A PROBLEM WITH THE PROCESS ON THIS DAIS, YOU GET LABELED PRETTY QUICK AND THOSE LABELS ARE SOMETIMES CUTTING AND YOU ATTEMPT TO -- PEOPLE IN THIS BODY HAVE ATTEMPTED TO ACT IN VERY PERSONAL MANNERS ABOUT PEOPLE'S BELIEF SYSTEMS AND IF WE CAN'T GET PAST THAT WELCOME TO THE NEW WORLD.

THIS IS GOING TO HAPPEN EVERY TIME WE COME UP.

PEOPLE SPEAK THEIR MINDS.

I AM NOT DOING THIS FOR ANY OTHER REASON, AND I BELIEVE EVERYBODY SHOULD BE ALLOWED TO APPLY, PERIOD.

THERE'S NO ISSUE WHATSOEVER.

I'LL VOTE IN ACCEPTANCE OF THE CASH.

IT'S MONEY.

THEY'RE PAYING FOR IT.

I DON'T HAVE A PROBLEM WITH THAT.

I THINK EVERYBODY SHOULD BE OFFERED THE OPPORTUNITY.

WE SHOULD HAVE TO WAIT AND RECOURSES TO COME THERE.

THAT'S MY POINT.

I TAKE EXCEPTION THAT IT'S ANY MORE THAN TRYING TO MAKE IT EQUAL AND OPEN FOR EVERYBODY.

WITH THAT I YIELD THE FLOOR.

>> MAYOR NIRENBERG: THANK YOU COUNCILMAN BROCKHOUSE.

COUNCILMAN SALDANA.

>> SALDANA: THANK YOU, MAYOR.

S IT HE A PARTY AND I WANT TO JUMP IN.

IT'S CREATING A NEW NORMAL AND IT SEEMS THAT WE SHOULD STAY HERE AS LONG AS POSSIBLE TO MAKE SURE EVERYBODY FEELS LIKE THEY'VE HAD A VOICE IN THE DISCUSSION AND PART OF OUR JOB IS ALSO UNDERSTANDING THE PROCESS AND TO CALL THE PROCESS BROKEN I THINK IS A BIG, BIG ACCUSATION AND I THINK PART OF OUR JOB IS UNDERSTANDING HOW THE PROCESS WORKS TO GET SOMETHING DONE, AND THE CCR PROCESS IS NOT BROKEN.

I THINK WHAT WE'RE PROPOSING, COUNCILMAN FROM WHAT I UNDERSTAND, A NEW PROCESS, JUAN THAT GOES FASTER, THAT DOESN'T GO THROUGH THE GOVERNANCE COMMITTEES, THAT DOES NOT GO THROUGH THE COUNCIL IN THE SAME WAY THAT THIS ONE DID.

I THINK YOU HAVE TO POINT TO SOMETHING BEING BROKEN IN ORDER FOR YOU TO ACCUSE IT OF BEING BROKEN AND THIS PROCESS TOOK A YEAR.

I'M NOT ARGUING FOR THE PROCESS TO GO FASTER.

THE PROCESS TO GET THE SIX SIGNATURES WAS NOT A QUICK ONE FOR THE COUNCILMAN.

I SAW HIM WORK THROUGH AND HAVING TO WAIT ON NEW COUNCIL MEMBERS TO MOVE IN AND GETTING SIX COUNCIL MEMBERS TO SIGN ON AND THEN DEALING WITH THE VOTE THAT WOULD COME BEFORE A NEW COUNCIL THAT WAS TRYING TO UNDERSTAND THE ISSUE.

THE PROCESS I DON'T BELIEVE IS A BROKEN ONE EVEN IF IT DOESN'T WORK FOR US.

I THINK IT'S DIFFICULT FOR US TO SOMETIMES HAVE TO GATHER SIX VOTES.

IT'S DIFFICULT TO GATHER SIGNATURES AND CONVINCE EVERYBODY OF AN OPINION.

I'M MORE CERTAIN THAT OPEN AND ACCESS MEANS IF YOU WANT TO BRING SOMETHING TO US, YOU COULD BY EVERY RIGHT OF THE PROCESS BE AFFORDED TO DO THAT.

AND IT CANNOT BE ACCUSED OF BEING BROKEN, BECAUSE THE ARGUMENT MAY NOT HAVE WORKED IN YOUR FAVOR TO GET ENOUGH SUPPORT TO PUSH IT FORWARD OR GET TO A GOVERNANCE COMMITTEE MEETING.

I THINK IT IS OUR JOB TO NOT PUT THINGS OUT THERE TO MAKE IT SEEM LIKE THE PROCESS IS BROKEN FOR A VOICE TO BE HEARD.

I THINK YOU HAVE EVERY

[02:10:02]

OPPORTUNITY TO BRING SOMETHING BEFORE THE GOVERNANCE COMMITTEE.

YOU DON'T HAVE A MONOPOLY ON -- I THINK NOBODY HAS A MONOPOLY ON GOOD IDEAS.

YOU HAVE THE OPPORTUNITY TO PRESENT THAT IDEA AND SEE IF IT GETS ENOUGH SUPPORT ON THIS COUNCIL.

I THINK IF YOU WANT TO BRING SOMETHING FORWARD YOU GO THROUGH THE SAME PROCESS COUNCILMAN TREVINO WENT THROUGH.

YOU WOULDN'T CALL IT BROKEN.

WE'RE GOING THROUGH THE PROCESS, AND I HAVEN'T SEEN THAT.

I'VE BEEN ON A MINORITY OF SOME OF THESE AND I HAD TO WAIT WHERE MY VOICE IS IN THE OPPORTUNITY.

TO CALL IT BROKEN.

WE HAVE NOT SEEN A PROCESS THAT'S BEEN BROKEN.

WE HAVE NOT SEEN NECESSITY TO CREATE A NEW VALVE FOR A DIFFERENT CREATIVE CROSSWALK.

BRING IT FORWARD.

I DON'T THINK WE'RE TRYING TO PRESENT YOU FROM DOING THAT.

WE'RE NOT TRYING TO STOP YOU FROM PRESENTING A NEW IDEA.

IT HAS TO GAIN MOMENTUM AND SUPPORT FOR THE REST OF THE COUNCIL TO WEIGH IN.

THAT'S A PROCESS I CAN AGREE WITH.

SO JUST EXTEND THE DAY A LITTLE FURTHER.

>> MAYOR NIRENBERG: THANK YOU COUNCILMAN SALDANA.

COUNCILMAN PELAEZ.

>> PELAEZ: THIS IS A VERY DOCTORING CONVERSATION.

I CALL THE QUESTION AGAIN.

>> MAYOR NIRENBERG: LUCKY FOR YOU YOU'RE THE LAST ONE.

THANK YOU, COUNCILMAN.

I SUPPORT THIS.

YES, MR. FINGER NO TAXPAYER DOLLARS ARE USED TO CUSTOMIZE THIS CROSSWALK.

THE FACT IS IT'S THAT LEVEL OF BIGOTRY OR VEILED BIGOTRY THAT MAKES COUNCIL NECESSARY TO REPRESENT CONSTITUENTS IN THIS MANNER AND SO MANY RESIDENTS AND BUSINESSES TRIPPED IN A LITTLE AT A TIME.

SOMETIMES $10 AT A TIME TO MAKE SURE THIS HAPPENS I APPLAUD THE COUNCILMAN FOR HIS ASSISTANCE IN THE CCR PROCESS TO MAKE THIS HAPPEN AND I'LL VOTE ON THE FIRST MOTION WHICH IS COUNCILMAN BROCKHOUSE'S MOTION ON EXTENDING THE PILOT.

PLEASE VOTE.

MOTION FAILS.

WE'LL VOTE NOW ON THE PRIMARY MOTION, WHICH IS COUNCILMAN TREVINO'S MOTION.

PLEASE VOTE.

MOTION CARRIES.

THAT'S IT FOR THE "A" SESSION.

IS THERE A CITY MANAGER'S REPORT?

>> SCULLEY: QUESTION, MAYOR, JUST QUICKLY, A COUPLE OF ITEMS, TWO "B" SESSION PRESENTATIONS WERE PROVIDED TO THE CITY COUNCIL IN FEBRUARY AND MARCH DISCUSSING POSSIBLE CHANGES TO THE CITY'S PROCUREMENT PROGRAMS AND PROCESSES, AND I JUST WANTED TO PROVIDE YOU WITH AN UPDATE THIS MORNING ON THE COMPLETED ACTIONS AS WELL AS THE UPCOMING MEETINGS THAT ARE SCHEDULED THROUGHOUT THE COMMUNITY TO ENHANCE OUR PROCUREMENT PROCESS THAT INVOLVES OUR LOCAL PREFERENCE PROGRAM, THE VETERAN OWNED SMALL BUSINESS PROGRAM, DISCRETIONARY EVALUATION PROCESSES, HIGH PROFILE, LIVING WAGE AND RESPONSIBLE BIDDER DETERMINATIONS.

YOU'LL RECALL IN LATE APRIL, WE ASKED COUNCIL MEMBERS FOR INPUT REGARDING OUR STAKEHOLDER LIST, AND MEETING FORMATS, AND AS A RESULT, WE ADDED SEVERAL STAKEHOLDERS TO THE OUTREACH LIST, STAKEHOLDERS INCLUDE, OF COURSE, OUR COMMUNITY ASSOCIATIONS, TRADE ASSOCIATIONS, VETERANS GROUPS, ADVOCACY GROUPS AND BUSINESS ORGANIZATIONS.

ON MAY 30 THE FINANCE DEPARTMENT DISSEMINATED A LETTER NOTIFYING STAKEHOLDERS OF THE UPCOMING MEETING TO PROVIDE COMMENTS AS WELL AS PROGRAM CHANGES AND STAKEHOLDER GROUPS WILL BE INVITED TO PUBLIC MEETING SCHEDULED OVER THE NEXT TWO MONTHS TO HELP US FORMULATE THOSE MEANINGFUL ENHANCEMENTS TO OUR PROCUREMENT PROGRAMS. IN ADVANCE OF THOSE MEETINGS I WANT YOU TO KNOW THE FINANCE DEPARTMENT HAS POSTED THE RECORDED VIDEOS AND PRESENTATIONS OF THE PROPOSED AMENDMENTS THAT WERE PREVIOUSLY PROVIDED AT THE COUNCIL "B" SESSIONS IN FEBRUARY AND MARCH AND IN ADDITION THE WEBSITE PROVIDES INFORMATION ON OUR CURRENT PREFERENCE PROGRAMS, ORDINANCES, SO THAT THE PUBLIC CAN FURTHER REVIEW THE PROGRAMS THAT ARE CURRENTLY STRUCTURED.

STAKEHOLDERS HAVE BEEN INVITED TO REVIEW THESE PRESENTATIONS IN ADVANCE OF THE MEETINGS AS A FRAMEWORK AND REFERENCE SO THAT WE HAVE LIMITED PRESENTATION TIME AND WE ALLOW MOST OF THE TIME FOR STAKEHOLDER INPUT.

MOVER THROUGH THE COURSE OF THESE MEETING THE THE WEBSITE WILL BE UPDATED WITH MEETING SCHEDULE UPDATE.

SO WE HAVE A ROBUST COMMUNITY ENGAGEMENT PROCESS AND IT'S OUR GOAL THAT FROM THESE MEETINGS WE'LL BE ABLE TO MAKE FURTHER IMPROVEMENTS TO THE PROCUREMENT PROCESS AND REPORT BACK TO THE CITY COUNCIL ON FINAL RECOMMENDATIONS.

SECONDLY, OUR DEPARTMENT OF HUMAN SERVICES IS KICKING OFF

[02:15:01]

THE 14TH YEAR OF OUR STUDENT AMBASSADOR SUMMER PROGRAM, AND THAT WILL BEGIN ON MONDAY, JUNE 18TH THIS YEAR.

WE HAVE A RECORD NUMBER OF STUDENTS, 190 STUDENTS WILL BEGIN SUMMER INTERNSHIPS THIS YEAR WITH THE CITY OF SAN ANTONIO, WITH 68 PRIVATE AND NON-PROFIT EMPLOYERS.

SO, WITH OUR OWN CITY ORGANIZATION, WITH PRIVATE EMPLOYERS AND WITH NON-PROFITS, THIS IS AN INCREASE OF 60 STUDENTS.

AND 27 EMPLOYERS FROM LAST YEAR SO WE'RE EXPANDING THE PROGRAM AND OF COURSE THAT IS TO RETAIN THAT EDUCATED TALENT HERE IN THE COMMUNITY.

86 OF THESE AMBASSADORS WILL COMPLETE THEIR INTERNSHIP WITH 27 OF OUR 40 CITY DEPARTMENTS AND I'LL BE TALKING WITH THOSE OTHER 13 AS TO WHY THEY DON'T HAVE A SUMMER INTERN AND ALSO WITH THE COUNCIL OFFICES.

SO, WE'RE EXCITED TO HAVE 86 AMBASSADORS WITHIN THE CITY ORGANIZATION.

WE KNOW THIS PROGRAM BEGAN IN 2004 AS A WORKFORCE DEVELOPMENT INITIATIVE AND WE'RE EXCITED THAT IT HAS BEEN EXPANDED THIS YEAR.

WE ARE WORKING OF COURSE IN COLLABORATION WITH SA WORKS, AND WE ARE FOCUSING TO STREAMLINE THE PROCESS ALONG WITH THE FAMILY SERVICE ASSOCIATION, WITH EMPLOYERS WHO WANT TO HIRE SUMMER INTERNS SO WE CONTINUE TO ENCOURAGE THE PROM .

IN ADDITION TO THEIR EMPLOYMENT.

SUMMER INTERNS PARTICIPATE IN PEER-TO-PEER DEVELOPMENT SESSIONS AND COMMUNITY SERVICE PROGRAMS OVER THE COURSE OF THE SUMMER.

IT WILL CONCLUDE ON AUGUST 10TH, JUST IN TIME FOR THEM TO RETURN TO SCHOOL.

AND THEN LASTLY, WE HAVE ANOTHER PROGRAM RECOGNITION FOR OUR CITY HEALTH DEPARTMENT, AND THIS IS WITH REGARD TO OUR IMMUNIZATION PROGRAM.

THIS PROGRAM RECEIVED TWO AWARDS AT THE CENTER FOR DISEASE CONTROLS BIANNUAL CONFERENCE HELD IN MAY.

THE FIRST AWARD WAS THE HEALTHY PEOPLE 2020 IMMUNIZATION COVERAGE AWARD FOR INFLUENZA VACCINATION OF CHILDREN AND THIS AWARD WAS GIVEN FOR THE PROGRAM'S PROGRESS FOR HEALTHY PEOPLE 2020 TARGET OF VACCINATING MORE THAN 70 PERCENT OF OUR CHILDREN BETWEEN THE AGES OF 6 MONTHS AND 17 YEARS, DURING THE MOST RESENT FLU NENE.

THE SECOND AWARD WAS FOR THE MOST IMPROVED NUMBER COCKAL VACCINATION COVERAGE AND THIS AWARD IS IMPROVING THAT VACCINATION PROCESS AMONG HIGH RISK ADULTS AGE 18 THROUGH 64 DURING A FIVE YEAR PERIOD.

SO, WE CONGRATULATE THE HEALTH DEPARTMENT FOR THESE ACHIEVEMENTS AND IT IS INDICATIVE OF THE IMPROVEMENT OF HEALTH AND WELLNESS WITHIN THE CITY OF SAN ANTONIO, SO IT'S IMPORTANT TO RECOGNIZE THAT WE'RE MAKING PROGRESS.

STILL MORE WORK TO DO, BUT TOGETHER WITH THE HEALTH DEPARTMENT AND COMMUNITY ORGANIZATIONS, WE'LL CONTINUE THAT PROGRESS.

THAT'S ALL TO REPORT THIS MORNING.

MAYOR.

THANK YOU.

>> MAYOR NIRENBERG: GREAT.

THANK YOU, SHERYL.

AND WITH THAT, WE HAVE NO FURTHER BUSINESS -- ACTUALLY WOMAN SANDOVAL.

>> SANDOVAL: I WANT TO TELL COUNCILMAN BROCKHOUSE -- JUST KIDDING THIS IS NOT FOR YOU.

I WANT TO CONGRATULATE CITY STAFF AND HEALTH DEPARTMENT FOR THEIR WORK.

GREAT JOB SHERYL AND ERIC AND COLLEEN, REALLY EXCITED.

DIDN'T WEWARD LAST WEEK?

>> SCULLEY: YES, WE DID FOR TOBACCO 21 RECOGNITION, IN THE OVERALL HEALTH SCORE, THE CITY HEALTH PROGRAM.

>> SANDOVAL: THAT'S ALL MAYOR.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU WOMAN AND VOLLEY WE'LL RECESS UNTIL 2:00 P.M. WHERE WE'LL TAKE UP THE ZONING AGENDA.

EVERYONE HAVE A GREAT LUNCH.

>> MAYOR NIRENBERG: GOOD AFTERNOON WELCOME TO THE CITY COUNCIL ZONING SESSION.

TIME IS 2:03 I'M GOING TO RECOGNIZE COUNCILMAN TREVINO FOR A POINT OF PERCIVAL PRIVILEGE.

>> THANK YOU, MAYOR, I WANT TO TAKE THE OPPORTUNITY TO ACKNOWLEDGE A GREAT FRIEND TO THE CITY.

SOMEBODY WE WANT TO ACKNOWLEDGE AS OFTEN AS POSSIBLE.

SOMEBODY THAT'S REALLY HELPED PUT TO THE THIS CELEBRATION AND IT HELPS TO REFIND US HOW IMPORTANT IT IS TO KNOW WHERE YOU COME FROM.

[02:20:01]

SO AT THIS MOMENT I'D LIKE TO YIELD THE FLOOR.

>> THANK YOU SO MUCH.

I'M WONDERING WHAT THE HELL IS GOING ON WITH YOU GUYS IN SHORT SMS I'M DOING OKAY.

I HAVE A HEADACHE, AND MY KIDNEY SHUT OFF SUDDENLY A WEEK AGO, AND ME BEING A PHYSICIAN, I DIDN'T DIAGNOSE THAT, THEY HAD TO FLY ME HOME.

TODAY I'M HERE BECAUSE SINCE 1992, WHET KING AND THE QUEEN, THE FATHERS OF THESE TWO PERSON CELEBRATING THE 500 YEARS OF COLUMBUS, THEY DECIDED A GOOD THING TO DO WAS CREATE AN INSTITUTION CALLED CERVANTES INSTITUTE.

IT IS IN 52 COUNTRIES AND WE HAVE THREE IN THIS COUNTRY.

NEW YORK, CHICAGO, AND ALBUQUERQUE, BUT IN 1992, I W WENT, THE FIRST DIRECTOR COME HOME HERE, THEY WANT A PLACE, THEY WANT A PLACE.

I SAID FINE, WE LOOK AT SOME -- THIS BUILDING, THEY LOOK AT ME AND SAY CAN YOU LEAVE TO US A MILLION DOLLARS.

I DON'T HAVE A MILLION DOLLARS.

THEY CALLED TO REMIND ME THE KING AND QUEEN ARE VERY INTERESTED IN SEE THE INSTITUTION HERE.

WE HAVE THE SUPPORT.

OF COURSE, YOU REMEMBER THREE YEARS AGO, DR. FERRER WAS STRONG ENOUGH TO PUT THAT AT TEXAS A&M.

THE PROBLEM WITH PLACING AN INSTITUTION LIKE THAT UNDER THE UNIVERSITY, YOU HAVE TO FOLLOW THE RULES OF THE UNIVERSITY.

IF YOU WANT TO TEACH, PLAN "A," PLAN "B," SO, I KNOW THAT WE'RE ALREADY HAD AN OFFICE IN SO, IF WE HOUSE THEM THERE, I DON'T WORRY ABOUT A DOLLAR A YEAR, LIKE THE OLDER INSTITUTIONS, WHEN I HAVE THE OFFICE OF THE GOVERNMENT, I WAS PAYING $2,000.

SO, TO THE POINT, THEY WANT OUR MAYOR, OUR CITY COUNCIL, TO GET A LETTER DIRECTED -- I'M GOING TO TELL YOU WHERE TO GO, SO WHEN THE KING AND QUEEN COME ON SATURDAY, I'M VERY HEAVILY CONNECTED WITH BOTH.

I SEPTEMBER A LETTER TWO WEEKS AGO TO QUEEN LATISHA.

LATISHA IS A YOUNG WOMAN YOU WILL SEE REMARRIED, A GENTLEMAN, VERY INTERESTING COUPLE.

THEY WANT US TO SHOW OUR SUPPORT.

I WANT A LETTER.

YESTERDAY I HAD A -- FROM 1920, I PUT IN SOME MONEY WERE SOME OF MY FRIENDS AND THEY TOLD US, NOT TO WORRY IF THE KING COMES, WE'LL GIVE YOU A MILLION DOLLARS.

I'M GOING TO TAKE CARE OF THAT.

SO, DO YOU ALL HAVE ANY QUESTIONS I ASK ANSWER FOR YOU? AND, AGAIN, THANK YOU FOR THIS OPPORTUNITY.

I HAVE TO RUN OUT TO SEE MY DOCTOR, BUT I REALLY APPRECIATE IF YOU ALL HAVE ANY QUESTIONS?

>> TREVINO: WE'RE GOING TO WORK WITH OFFICE OF INTERNATIONAL AFFAIRS TO CRAFT THAT LETTER THAT YOU REQUESTED.

WE ARE ALWAYS THRILLED TO HAVE YOU HERE AND KNOW THAT YOU'LL ALWAYS HAVE TIME TO COME AND SPEAK TO US AND VISIT WITH US INDIVIDUALLY SHOULD YOU LIKE TO.

BUT I JUST WANT TO SAY THANK YOU FOR BEING HERE AND I KNOW MY COUNCIL COLLEAGUES WOULD LIKE TO SAY A FEW WORDS.

>> WE'RE THE ONLY ONE THAT WORK FOR FREE.

WE HAVE TO HAVE THE CITY FOR THE NEXT 20, 40, WE CAN GET -- IF WE CAN GET VISAS FROM SPAIN, I WANT YOU GUYS TO GO WITH ME, SO THERE ARE A LOT OF THINGS TO DO BUT I THINK IT'S IMPORTANT.

>> I'LL GO ANYWHERE YOU.

YOU LET ME KNOW.

>> THANK YOU.

>> THANK YOU SO MUCH.

>> MAYOR NIRENBERG: DOCTOR, COUNCILMAN PELAEZ WOULD LIKE TO SAY A FEW RECORDS.

>> PELAEZ: BY THE WAY, I WOKE UP THIS MORNING AND MY PHONE

[02:25:01]

WAS RINGING AT 7:00 A.M.

HE'S THE ONLY PERSON THAT COULD POSSIBLY EVER COME TO A ZONING MEETING WITHOUT BEING ON THE AGENDA AND CONVINCE US ALL TO REZONE ALL OF SAN ANTONIO.

MANY OF US ARE SURROUNDED BY PEOPLE WHO ASK US TO DO THIS, ASK US TO DO THAT.

YOU ARE ONE OF THE FEW PEOPLE THAT TELL US WHAT WE'RE GOING TO DO, WHEN WE'RE GOING TO DO IT AND HOW IT'S GOING TO HAPPEN.

ONE OF THE REASONS DOCTOR, YOU HAVE A REALLY BIG HEART AND WE LOVE YOU VERY MUCH.

AND YOU APPROACH EVERYTHING YOU DO FOR SAN ANTONIO, I'LL DO WHATEVER YOU SAID.

I HAD A PRIVILEGE OF GOING TO SPAIN AND I'LL FOLLOW YOU WHEREVER YOU GO.

YOU WORKED WITH YOUR MAJESTIES IN SPAIN.

THAT'S GOT YOUR FINGERPRINT ALL OVER IT.

THANK YOU FOR THAT.

>> THE ONLY PROBLEM YOU HAVE A BIG HEART AND I BEEN ON DIALYSIS FOR A LIFETIME.

THIS HAS BEEN A GOOD LIFE.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU VERY MUCH.

WE'LL SEE YOU SOON.

ALL RIGHT.

AT THIS TIME I'D LIKE TO ASK MY COLLEAGUES IF THERE'S ANY ITEMS FROM WHICH THEY WOULD LIKE TO PULL FROM THE CONSENT ZONING AGENDA.

AT THIS TIME ONLY ITEM THE 20 AND Z-1 ARE FOR INDIVIDUAL CONSIDERATION.

AND FOR THE BENEFIT OF THE PUBLIC.

P-2 AND Z-4 HAVE BEEN WITHDRAWN BY THE APPLICANT AND WILL NOT BE HEARD.

ALL RIGHT.

HEARING NONE.

I'LL ENTERTAIN A MOTION FOR THE BALANCE OF THE CONSENT ZONING AGENDA WHICH IS ALLITIVES SAVE FOR ITEM 20, Z-1, P-2 AND Z-4.

THERE IS A MOTION IS THERE A SECOND? MOTION AND SECOND FOR APPROVAL OF CONSENT ZONING AGENDA.

WE HAVE CITIZENS SIGNED UP TO SPEAK ON THE ZONING AGENDA.

I'LL START WITH JACK FINGER.

>> WELL, MAYOR NIRENBERG AND OTHER MEMBERS OF OUR -- LET'S HAVE A GAY OLD TIME CITY COUNCIL.

FOR THE RECORD, MY NAME IS JACK M. FINGER.

SEE WHAT SCANDALS WE HAVE ON THIS PART OF THE AGENDA TODAY.

LET SEE.

HOMOSEXUAL CROSSWALK -- OH, HERE WE ARE.

YES.

>> MAYOR NIRENBERG: KEEP YOUR COMMENTS GERMANE TO THE AGENDA OR YOU'LL BE ASKED TO BE DISMISSED.

>> RIGHT ON MR. MAYOR.

WE HAVE SELLING ALCOHOL RIGHT NEXT TO SOME SCHOOLS.

THAT'S IN, MR. COURAGE, YOUR DISTRICT.

THAT'S RIGHT.

ITEM NUMBER 20.

WINSTON CHURCHILL HIGH SCHOOL.

YOU'RE GOING, YOU, RIGHT IN YOUR DISTRICT, THEY WANT TO SELL ALCOHOL PRETTY CLOSE TO THE SCHOOL THERE, SIR.

TELL ME, SIR, WHY DOES THE TEXAS ALCOHOL COMMISSION SAY THAT THERE GOT TO BE RULES AGAINST SELLING ALCOHOL SO CLOSE TO SCHOOLS.

I MEAN, YOU TELL ME WHY THEY ARE CONCERNED ABOUT SCHOOL KIDS AND THE INFLUENCE OF ALCOHOL SALES SO CLOSE.

THERE'S GOT TO BE A REASON.

AND THAT'S WHY THEY ACTUALLY REQUIRED THIS NOT TO HAPPEN UNLESS IT IS OVER RIDDEN BY THE VOTE OF AN ELECT ED -- WE'LL FID OUT.

ACTUALLY IT'S GOING TO SAIL RIGHT ON THROUGH THE WAY IT IS RIGHT NOW.

YOU DON'T MIND ALCOHOL SALES BEING SOLD RIGHT NEXT TO THE SCHOOL KIDS, HIGH SCHOOLERS IN FACT.

LIKE WIDE IN DISTRICT 5, MISS GONZALES, YOU HAVE A SIMILAR SITUATION NEXT TO BRISCOE ELEMENTARY.

YES, I WOULD LIKE TO KNOW, FOR THE LIFE OF ME, I'D LIKE TO KNOW WHY EACH OF YOU THINK IT'S OKAY TO DEFILE THE RULES AND ALLOW ALCOHOL, LIQUOR AND SO FORTH, TO BE SOLD SO CLOSE TO WHERE SCHOOL KIDS ARE PLAYING.

I REALLY LIKE TO HEAR YOUR ANSWERS ON THAT.

YOU KNOW? AND, LET'S SEE, Z-1.

HERE'S A LITTLE CONTROVERSY.

ZONING CASE Z-1, IT'S ABOUT THE IDEA, APPLICANT WANTS TO HAVE FOUR DWELLING UNITS.

THAT'S RIGHT.

MR. TREVINO.

THAT'S YOUR DISTRICT.

FOUR DWELLING UNITS COMPACTED INTO NEAR ONE LOT HERE.

APPARENTLY ALREADY.

THAT'S RIGHT.

ACCORDING TO THE DOCUMENTS, HE ALREADY IS OUT OF COMPLIANCE WITH R-4.

ALREADY HE'S OUT AND HAS A UNIT THAT ENCROACHES ON A SECOND LOT, SIR.

WHAT MAKES THE OTHER RED FLAGS ABOUT THIS ONE, SIR, IS THAT THE ZONING COMMISSION SAID NO TO IT.

NOT FIVE OR 10 PERCENT BUT 50

[02:30:01]

PERCENT OF THE SURROUNDING HOMES SAID THEY DIDN'T WANT IT, SIR.

YEAH.

AND THEN THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION OPPOSED IT AND SIX PEOPLE SPOKE OUT AGAINST IT, AGAINST THE ZONING COMMISSION, INCLUDING MARY ELLIS CISNEROS, FORMER CITY COUNCILWOMAN, WIFE OF MAYOR CISNEROS.

YOU DON'T MESS WITH MARY ALICE.

>> MAYOR NIRENBERG: THANK YOU, MR. FINGER.

ASHLEY FAIRMONT ON ITEM Z-9.

>> HI, GOOD AFTERNOON.

ASHLEY FAIRMONT.

I'M HERE ON KZ9, IN DISTRICT 10.

A PORTION IS FOR MULTI FAMILY ZONING AND AFTER SPEAKING WITH COUNCILMAN PERRY WE UNDER THERE'S CONCERNS MULTI FAMILY BEING ADJACENT TO INDUSTRIAL ZONING.

OUR COMPANY OWNS THE SITE, AND THEY ARE AGREEABLE ISSUING A LETTER SAYING THEY WILL CONTINUE TO COMPLY WITH EXISTING RESTRICTIONS ON THAT PROPERTY THAT PERMITS HEAVY INDUSTRIAL USES AND ALSO COMMITTING TO RESTRICTING AGAINST ADDITIONAL HEAVY STRIERT USES.

SUBMIT THIS.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, MISS FAIRMONT.

AT THIS TIME WE'LL TAKE UP A MOTION FOR APPROVAL OF CONSENT ZONING AGENDA, WHICH IS ALL ITEMS SAVE OR ITEM 20, P-1, P-2 AND Z-4.

PLEASE VOTE.

MOTION CARRIES.

ITEM Z-20.

>> ITEM Z-20 IS ORDINANCE GRANTING VARIANCE TO CITY CODE 4-6 SUB SECTION C, 1 AND 3 AND 4-6 SUB SECTION D6 OF THE CITY CODE AND AUTHORIZES THE SALE OF ALCOHOLIC BEVERAGES ON 1.342 ACRES OUT OF NCB16249 LOCATED AT 11900 BLANCO ROAD FOR OFF-PREMISE CONSUMPTION WITHIN 300 FEET OF WINSTON CHURCHILL HIGH SCHOOL.

A PUBLIC EDUCATION INSTITUTION, LOCATED WITHIN THE NORTHEAST INDEPENDENT SCHOOL DISTRICT.

>> MAYOR NIRENBERG: COUNCILMAN COURAGE?

>> COURAGE: THANK YOU.

I WOULD LIKE TO ASK THE APPLICANT TO COME FORWARD.

I UNDERSTAND THE APPLICANT WOULD LIKE TO MAKE AN AMENDMENT WITH SOME CONDITIONS AND I'D LIKE TO HAVE THOSE ADDED TO THE RECORD, PLEASE.

>> HI, GOOD AFTERNOON.

KRISTEN RAM RAZE WITH KAUFMAN AND KELLEN BEEN BEHALF OF THE APPLICANT.

WE WANT TO AMEND THE ITEM TO PROHIBIT OUTDOOR ADVERTISEMENT FOR ALCOHOL RELATED PRODUCTS AS WELL IN ADDITION TO ALL OF THE CONDITIONS ALREADY PROPOSED FROM STAFF.

THANK YOU.

>> COURAGE: OKAY.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU.

WE HAVE ONE OTHER CITIZEN SIGNED UP TO SPEAK ON THIS ITEM.

JAMIE BIRCHBACH.

IS JAMIE HERE?

>> HI, I'M THE REAL ESTATE MANAGER.

I'M JUST SIGNED UP TO ANSWER ANY QUESTIONS YOU HAVE ON THE CASE.

>> MAYOR NIRENBERG: THANK YOU.

>> THANKS.

COUNC COUNCILMAN?

>> WITH THE CONDITIONS THAT WERE NOTED I WOULD MOVE THE APPROVAL OF THE VARIANCE.

>> MAYOR NIRENBERG: THERE'S A MOTION AND SECOND FOR APPROVAL OF ITEM NUMBER 20 AS AMENDED.

PLEASE VOTE.

MOTION CARRIES.

ITEM Z-1.

>> Z-1Z2018005CD FROM R4 TO R4CD WITH CONDITIONAL USE FOR FOUR DWELLING UNITS LOCATED AT 2219 WEST HOUSTON STREET.

STAFF RECOMMEND AS APPROVAL.

ZONING COMMISSION RECOMMENDS DENIAL.

32 NOTICES MAILED, TWO IN FAVOR, 19 OPPOSED.

PROSPECT HILL NEIGHBORHOOD ASSOCIATION AND WEST END HOPE IN ACTION IS OPPOSED.

THIS REQUIRES NINE VOTES TO APPROVE DUE TO OPPOSITION EXCEEDING 20 PERCENT.

>> MAYOR NIRENBERG: OKAY.

WE HAVE SEVERAL CITIZENS SIGNED UP TO SPEAK ON ITEM Z-1.

START WITH CHARLES PENA.

[02:35:03]

>> GOOD AFTERNOON, MY NAME IS CHARLES PENA, AND I AM OWNER OF THE PROPERTIES LOCATED AT 2219 WEST HOUSTON.

MY PROPERTIES HAD BEEN OCCUPIED BY MY FAMILY FOR ALMOST 80 YEARS.

FOR 70 YEARS OF THAT TIME, WE HAD BEEN RENTING APARTMENTS LOCATED TO THE -- IN THE FRONT OF OUR HOMES.

THERE ARE TWO HOUSES THERE.

ONE IS LOCATED BEHIND THE OTHER.

I GREW UP AND LIVED MOST OF MY LIFE IN THE BACK HOUSE.

HOWEVER, I HAVE BEEN TOLD THAT THIS IS A VIOLATION OF THE MULTI FAMILY ZONING VERSUS SINGLE FAMILY.

I HAD TO ASK PEOPLE TO LEAVE, AND I WAS TRYING TO LIVE WITHIN THE REALMS OF THE ORDER THAT I GOT, HOWEVER, IT WAS VERY DIFFICULT FOR ME TO TELL PEOPLE WHO HAVE LIMITED INCOME THAT THEY'VE GOT TO LEAVE WHEN THEN I STARTED READING IN THE PAPER, AN ARTICLE AS RECENTLY AS MAY 31ST AND WHAT THE CITY COUNCIL IS SAYING THAT THEY ARE TRYING TO ADDRESS AFFORDABLE HOUSING, AND YET I'VE GOT A PLACE FOR AFFORDABLE HOUSING, AND I CAN'T RENT.

I ASK YOU, MAYOR, ON THE EVE OF YOUR ELECTION, I WAS AT MY HOUSE AND I WAS BACKING UP MY TRUCK AND I SAW A SILHOUETTE GO RIGHT BY MY BACK SIDE WINDSHIELD AND I STOPPED AND THAT PERSON CAME UP TO ME AND IT WAS YOU AND YOU TOLD ME YOU WOULD APPRECIATE MY HELP WITH A VOTE FOR YOU TO BE THE MAYOR.

I SAID I LIKED WHAT I SAW IN YOU AND THAT I WOULD GIVE YOU MY SUPPORT.

I'M ASKING YOU FOR YOUR SUPPORT.

I'M TELLING YOU RIGHT NOW, THAT YOU ARE ADDRESSING AN ISSUE OF AFFORDABLE HOUSING, YET THERE ARE SOME MEAN-SPIRITED PEOPLE WHO SAY NO, NOT IN MY NEIGHBORHOOD, YOU'RE NOT GOING TO HAVE RENTERS IN MY NEIGHBORHOOD.

I TRIED TO REACH A COMPROMISE.

I TRIED TO SAY IF SIX IS TOO MANY, CAN WE GO -- HOW ABOUT FOUR.

I KNOW THAT EVENTUALLY IF IT DOESN'T PASS THROUGH, AND I ONLY END UP TWO, I CAN ONLY SAY THIS, I DON'T KNOW WHAT THE MOTIVE BEHIND ALL OF THIS MEAN-SPIRITEDNESS OF GETTING PEOPLE TO MOVE OUT OF OUR NEIGHBORHOOD JUST BECAUSE THEY ARE RENTERS.

HOUSING IS EXPENSE IVS, I KNOW BECAUSE I'M ONE.

I REMEMBER THIS BECAUSE I SEE IT OVER AND OVER AND JESUS SAID IN THE GOSPEL, WHATEVER YOU DO TO THE LEAST OF MY BRETHREN, DO YOU IT TO ME AND I DON'T WANT TO DO ANYTHING TO MY BRETHREN WHO CANNOT AFFORD TO LIVE IN AN EXPENSIVE APARTMENT.

THAT CAN ONLY AFFORD THE MINIMUM.

MY RENTS AT THAT TIME WERE $425 A MONTH AND I WAS PAYING THE WATER AND A APPLIED ALL APPLIANCES.

THANK YOU VERY MUCH.

>> MAYOR NIRENBERG: THANK YOU, MR. PENA.

MARY ALICE CISNEROS.

>> THANK YOU, MAYOR AND THANK YOU COUNCIL FOR ALLOWING US TO BE HERE.

AND I'M GOING TO ASK THE REST OF YOUR GROUP AND NEIGHBORS AND FRIENDS THAT HAVE JOINED US HERE ON THIS PARTICULAR CASE TO COME UP AS WE ARE CALLED TO SPEAK.

WE ARE IN OPPOSITION.

COUNCILMAN TREVINO, AS WE HAVE VISITED LAST YEAR HE THIS WAS SUPPOSED TO COME TO COUNCIL OR SUPPOSED TO HAVE BEEN VOTED ON AND HE CONTINUED IT.

CHARLIE PENA WAS CAUGHT IN VIOLATION OF HIS CODE AND THAT'S HOW THIS CASE CAME BEFORE US TODAY.

HE WAS ALREADY IN VIOLATION DOING WHAT HE WAS DOING, AND TODAY HE'S TELLING US THAT HE WANTS TO CONTINUE AND TO ASK FOR SOME CONDITIONS.

WELL, WE ARE HERE TODAY TO TELL YOU AS COUNCIL MEMBERS TO RECOGNIZE US AS PROSPECT HILL NEIGHBORHOOD ORGANIZATION.

WE'LL READ YOU A NOTE AS THE WEST END HOPE IN ACTION IS HERE SUPPORTING US WITH A LETTER, AND SO TODAY WE ASK YOU TO SUPPORT THE NEIGHBORS AND THE RESIDENTS OF DISTRICT 1 IN THAT AREA.

HENRY AND MYSELF HAVE LIVED AT 2202 WEST HOUSTON STREET FOR MANY YEARS.

SOME OF YOU KNOW US, AND I AM PRIVILEGED TO SAY THAT I'VE BEEN ASKED AS A FORMER WOMAN TO HELP THE NEIGHBORS IN THIS SITUATION AND TO SUPPORT, IN PARTICULAR TODAY, TO SAY WE WANT NO CONDITIONS WE WANT IT TO STAY AS A RESIDENTIAL NEIGHBORHOOD AS WE HAVE REQUESTED IN THE PETITIONS AND EACH ONE OF YOU HAVE THAT.

SO, BEFORE MY TIME IS UP, I WANT TO MAKE SURE THAT EVERYONE IS CLEAR THAT WE DO HAVE A PETITION SIGNED.

LAST YEAR WE DID IT AND WE'RE HERE AGAIN TODAY AND IT'S BEEN A

[02:40:02]

LONG HAUL.

BUT WE ARE HERE.

>> GOOD AFTERNOON MAYOR, HONORABLE MAYOR NIRENBERG AND -- I'M SORRY.

I'LL START AGAIN.

GOOD AFTERNOON MAYOR NIRENBERG, COUNCIL WOMEN AND COUNCIL MEN.

I WISH TO THANK YOU FOR LETTING ME COME IN BEHALF OF THE NEIGHBORHOOD ASSOCIATION CONCERNING A ZONING CASE.

THE CITY OF ZONE YO ZONING CASE COMMISSION ZONING CASE 7208005.

TO WHOM IT MAY CONCERN.

PLEASE EXCEPT THE LETTER AS AN OFFICIAL OPPOSITION IN ZONING CASE 72017005 AND SPEAKING WITH IMMEDIATE NEIGHBORS OF ADDRESS 2219 WEST COMMERCE, WE HAVE DISCOVERED A MAJOR -- WE HAVE DISCOVERED THE MAJORITY OF THE NEIGHBORS WITH OPPOSITION TO THE ZONING CASE NOTIFICATION, IN OPPOSITION.

THE NEIGHBORS HAVE ALSO CIRCULATED A PETITION IN OPPOSITION AND HAVE COLLECTED OVER 80 SIGNATURES.

PLEASE LET US KNOW IF YOU HAVE MANY MORE -- ANY CONCERNS TO THIS LETTER.

THANK YOU.

I, FRANCIS CAVINA.

CHARLIE MATA, AND ME I AM ADMINISTER ASSISTANT.

I'M SORRY I AM A LITTLE NERVOUS.

BECAUSE I HAVEN'T BEEN HERE IN A LONG TIME.

ANYWAY, WE'RE ASKING YOU ALL TO PLEASE SEE THAT THE ZONING CLOSES.

THEY'VE BEEN HERE MANY TIMES AND WE'RE REALLY REALLY ASKING TO PLEASE HEAR US AND FOR US TO SEE THAT THE ZONING CASE IS CLOSED BECAUSE THE NEIGHBORS ARE FED UP.

YOU CAN SEE THERE'S A LOT OF SIGNATURES IN THIS PAPER, AND SO I -- ANYWAY, THANK YOU FROM THE BOTTOM OF MY HEART FOR YOU LISTENING TO ME AND GOD BLESS EACH AND EVERY ONE OF YOU.

THANK YOU.

>> THANK YOU, FRANCES.

>> MAYOR NIRENBERG: COULD YOU STATE YOUR NAME AS YOU COME UP TO SPEAK?

>> YES.

MY NAME IS KAREN BROWN, AND AGAIN, THANK YOU FOR HEARING OUR CASE.

I APPRECIATE YOU ALL'S SERVING OUR COMMUNITY.

I REALLY DO.

IT'S NOT EASY.

ANYWAY, I LIVE AT 2203 WEST TRAVIS.

MY HOME IS FROM 1839.

I'M A THIRD GENERATION HOME OWNER IN THAT NEIGHBORHOOD.

I LIVED IN THAT HOUSE.

I WAS BORN AND RAISED.

I'M OF BELGIUM DESCENT IT WAS ORIGINALLY CALLED SILK STOCKING VICTORIA HEIGHTS NOW PROSPECT HILL NEIGHBORHOOD.

I LOVED TO LIVE THERE.

I LOVE MY NEIGHBORS.

I'VE KNOWN THEM SINCE I WAS LITTLE AND THEIR CHILDREN COME BACK TO THE NEIGHBORHOOD.

WE WANT TO PRESERVE THE SINGLE FAMILY HOMES THAT MAKE UP OUR COMMUNITY.

WE'VE ALWAYS BEEN R4 SINGLE FAMILY RESIDENTIAL.

2209 WEST HOUSTON HAS BEEN NON-COMPLIENT AND THEY JUST RECENTLY -- NOT RECENTLY, IT'S BEEN A COUPLE YEARS REPORTED TO FOOT BE FOLLOWING THE R4 SINGLE FAMILY RESIDENTIAL COMPLIANCE.

THEY WERE REPORTED BY THEIR NEIGHBORS.

THE NEIGHBORS WERE TIRED OF THE RESIDENTS THAT WERE LIVING THERE.

IT WAS NOT MAINTAINED PROPERLY.

THEY WERE NOT THE BEST COMMUNITY NEIGHBORS TO HAVE IN THE NEIGHBORHOOD, SO THE NEIGHBORS REPORTED THEM TO CODE COMPLIANCE AND THAT'S WHEN THIS ALL CAME TO LIGHT AND THEN THEY STARTED SENDING US NOTICES.

ANYWAY, WE WANT TO REMAIN R4 SINGLE FAMILY RESIDENTIAL, NO CONDITIONS NO EXCEPTIONS.

I SPEAK ON BEHALF OF THE 98 PEOPLE ON THE PETITION.

THEY COULDN'T BE HERE BECAUSE A LOT OF THEM WORK.

SO THEY ASKED US TO COME ON THEIR BEHALF.

AGAIN, 18 RESPONDED IN OPPOSITION OF THE 29 THAT WERE SENT OUT.

AND OUR NEIGHBORS WANT TO STAY R-4 SINGLE FAMILY ONLY NO CONDITIONS.

MR. PENA DOESN'T EVEN LIVE IN

[02:45:01]

THE NEIGHBORHOOD.

HE LIVES ON THE NORTHEAST SIDE IN A RESIDENTIAL COMMUNITY.

HE COMES TO COLLECT HIS RENTS AND HE'S GONE.

HE'S NOT MAINTAINING IT.

HE'S NOT MAKING SURE THE RESIDENTS OR THE PEOPLE THAT HE RENTS TO, THEY MAKE LOUD NOISES.

AND IT'S NOT MEAN SPIRITED.

WE ARE NOT MEAN SPIRITED.

WE'RE TRYING TO PROTECT THE NEIGHBORHOOD WE LIVE IN AND PROTECT IT, AND THAT WHOLE CIRCLE IS R-4 SINGLE FAMILY RESIDENTIAL, SO WE'RE JUST TRYING TO MAINTAIN WHAT WE HAVE.

AND KEEP IT THAT WAY.

WE'VE BEEN WORKING ON THIS VERY HARD AS NEIGHBORS.

AGAIN, LIKE I SAID, 98.

IT'S OUT OF THE SPIRIT OF KEEPING THE COMMUNITY R-4 SINGLE FAMILY.

HE CAN TILL BE R-4 SINGLE FAMILY.

HE'S A LANDLORD.

ALL HIS EXPENSES ARE WRITTEN OFF.

THANK YOU.

THANK YOU FOR YOUR TIME.

NERVOUS AS CRAZY.

>> MAYOR NIRENBERG: THANK YOU, MISS BROWN.

>> WE ALSO REPRESENT THE ADVOCATE SOCIAL SERVICE AGENCY.

WE'VE BEEN IN EXISTENCE FOR 50 YEARS AND I'M THE PRESIDENT OF THAT AGENCY AND THE PAST PRESIDENT OF THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION.

I WORK VERY HARD WITH MY CONSTITUENTS --

>>> ARE YOU TAKING SOMEONE ELSE'S TIME RIGHT NOW? BECAUSE YOU DID HAVE YOUR THREE MINUTES.

>> ARE YOU GOING TO SPEAK?

>> OKAY, ROBERT'S GOING TO SPEAK.

THANK YOU, MAYOR.

>> ALL RIGHT.

GO AHEAD.

>> MY NAME IS CAREMAN ROGERS I LIVE AT 2203 WEST TRAVIS STREET.

BEING CALLED MEAN-SPIRITED, THAT'S KIND OF UNUSUAL.

MR. PENA WAS APPROACHED MANY TIMES BY HIS NEIGHBORS TO REDUCE THE PROBLEMS THAT WERE GOING ON.

THAT'S WHAT BROUGHT US TO YOU ALL.

WE'RE NOT MEAN-SPIRITED.

I DON'T KNOW IF YOU ALL REALIZE WHAT GOES TO BRINGING US HERE.

FIRST OF ALL, HE HAS TO APPLY FOR A ZONING CHANGE.

THEN ZONING TURNS AROUND AND PUTS OUT A SIGN, SENDS OUT LETTERS.

IT'S UP TO THE COMMUNITY, EACH AND EVERY ONE OF THE COMMUNITY PEOPLE IN THAT 200 YARD AREA, TO SIGN THE PETITIONS, PUT IT IN THE ENVELOPE, AND MAIL IT.

MOST PEOPLE DON'T EVEN IGNORE HIM.

THEY TURN AROUND AND LOOK AT IT AND THEY THROW IT IN THE TRASH.

WE HAVE SPENT THIS IS OUR FOURTH TIME HAVING TO GO AROUND THE COMMUNITY MAKING SURE PEOPLE SIGN THESE LETTER, BRINGING THEM INTO THE ZONING AREA OUR SELVES.

AND GETTING THEM IN.

WE HAVE BEEN TO ZONING TWICE FIGHTING THIS.

WE HAVE BEEN HERE TWICE.

FIRST TIME HE PULLED IT.

WE HAVE SENT MANY HOURS KNOCKING ON DOORS.

WE GO -- SOMETIMES PEOPLE TURN AROUND AND THEY'RE NOT HOME.

SOMETIMES PEOPLE SAY LET ME ASK MY HUSBAND AND COME BACK.

LET ME ASK MY WIFE AND COME BACK.

MANY TIMES WE HAVE TO SPEND DAYS, WEEKS AND HOURS TO KNOCK ON DOORS TO GET PEOPLE TO JOIN US.

ONE THING I CAN SAY ABOUT MR. PENA, HE'S BROUGHT A COMMUNITY TOGETHER.

IN A FIGHT TO STOP WHAT'S BEEN GOING ON IN OUR NEIGHBORHOOD.

WE ARE TAKING OUR NEIGHBORHOOD BACK.

PEOPLE ARE MOVING BACK INTO OUR NEIGHBORHOOD.

THEY ARE TAKING HOUSES THAT ARE COLLAPSING, FOUNDATIONS FALLING APART AND IT'S TAKING THEM AND REBUILDING THEM.

PEOPLE ARE TIRED OF DRIVING AN HOUR OUT OF TOWN TO GO HOME AND AN HOUR BACK TO WORK AND THEY ARE TURNING AROUND COMING INTO OUR NEIGHBORHOOD, RESTORING THESE HOUSES.

THEY CAN CATCH THE BUS ON BUENA VISTA AND RIDE IT DOWNTOWN TO WORK AND RIDE HOME ON COMMERCIAL TO 75.

IT'S THAT EASY FOR PEOPLE AND OUR NEIGHBORHOOD IS COMING BACK.

WE'RE ASKING YOU TO PLEASE, PLEASE HELP US KEEP OUR NEIGHBORHOOD IN GOOD CONDITION SO WE CAN TURN AROUND AND RESTORE OUR NEIGHBORHOOD BACK TO A PLACE THAT PEOPLE WANT TO LIVE AND WE CAN PAY TAXES ON.

THANK YOU VERY MUCH.

>> MAYOR NIRENBERG: THANK YOU, MR. ROGERS.

LORENZO?

>> I DIDN'T SIGN UP TO SPEAK.

IF I CAN HAVE MAYBE TEN SECONDS.

>> MAYOR NIRENBERG: LET ME RECOGNIZE THE COUNCILMAN AFTER WE HAVE THE LAST CITIZENS.

IF HE CALLS YOU UP TO SPEAK THEN YOU CAN DO IT AT THAT TIME.

OK OKAY.

>> FOR THE RECORD.

I REPRESENT CHARLES PENA, I

[02:50:01]

RESIDE AT 126 VIDA IN DOWNTOWN.

I WORKED WITH CHARLES PENA FOR THE LAST YEAR NOW.

FIRST OF ALL MY CLIENT HAS BEEN IN COMPLIANCE.

HE GOT SOME BAD ADVICE FROM ANOTHER ATTORNEY WHO WAS REPRESENTING HIM THAT TOLD HIM HE COULD DO UP TO SIX UNITS THERE.

THAT'S WHY HE WAS DOING IT.

I PUT ON THE RECORD A CASE WAS DISMISSED RECENTLY.

AN INSPECTOR WENT OUT TO SHOW HE WAS IN COMPLIANCE WHICH ALLOWS TWO PEOPLE TO LIVE IN THE HOUSE HE LIVES IN.

OR THE HOUSE HE RENTS.

THIS IS THE HOUSE HE'S CURRENTLY HAS TWO RESIDENCES LIVING IN.

ONE ON TOP, ONE ON THE BOTTOM.

YOU SEE THAT THE HOUSE ITSELF IS IN PRETTY GOOD SHAPE, AND WE'RE PROPOSING IS TO DO THE -- TURN THAT INTO -- AND I'M AMENDING THIS FOR THE RECORD, MAYOR, WE WERE ASKING FOR FOUR UNITS WHICH WOULD HAVE BEEN -- AND I'LL PUT THIS UP REAL QUICK SO YOU HAVE IT IN FRONT OF YOU, BUT THE -- IT WOULD BE THREE PEOPLE LIVING IN THE FRONT HOUSE AND ONE PERSON LIVING IN THE BACK HOUSE.

WE HAVE SINCE -- I OF 0ED THIS UP TO COUNCILMAN TREVINO AS A COMPROMISE TO TWO UNITS, KEEPING THE DUPLEX TRUE TO ITSELF IN THE FRONT AND DOING ONE IN THE BACK.

IT'S A VERY LARGE LOT.

THOSE ARE TWO LOTS.

THE DENSITY THAT'S ALLOWED ARE FOUR UNITS.

IF HE WERE TO BUILD A SECOND HOUSE RIGHT NOW, IT WOULD BE ALLOWED TO HAVE FOUR UNITS.

THE ONLY REASON WE FILED THIS.

WHEN I GOT INVOLVED, AND ACTUALLY WITHDREW THE APPLICATION SO WE COULD START ALL OVER BECAUSE IT WAS DONE IMPROPERLY IN THE BEGINNING AND I EXPLAINED TO MR. PENA HOW THE PROCESS WORKS.

WE DIDN'T FILE THE SECOND ZONING APPLICATION UNTIL WE TALKED TO COUNCILMAN'S OFFICE.

THEY HAD REACHED OUT TO THE NEIGHBORHOOD ASSOCIATION WHERE THEY AGREED TO GO WITH THE FOUR UNITS.

WE HAVE E-MAILS TO THAT EFFECT.

ALONG THE WAY THEY CHANGED THEIR MIND AND THAT'S THEIR RIGHT TO CHANGE THEIR MIND. I DON'T WANT THE NEIGHBORHOOD TO BELIEVE THIS INDIVIDUAL IS JUST HARASSING THEM.

HE DON'T WANT TO WASTE THE MONEY OF FILING THIS IF IT WAS GOING TO GET DENIED AGAIN.

WE WOULD ASK FOR CONTINUANCE SO MR. PENA HAS AN OPPORTUNITY TO SIT DOWN AND VISIT WITH THEM ABOUT THIS NEW AMENDMENT THAT HE'S PROPOSING.

I WILL TELL YOU, WE HAVE TRIED TO MEET WITH THEM THE LAST SIX MONTHS.

WE'VE ONLY MET WITH THEM ONCE.

NEVER MET WITH THE PRESIDENT OF PROSPECT NEIGHBORHOOD, THE PRESIDENT, SO WE'RE JUST LOOKING FOR SOME TIME TO SPEAK TO THE NEIGHBORHOOD ASSOCIATION.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU MR. SERNA.

COUNCILMAN TREVINO.

>> TREVINO: AT THIS MOMENT I WOULD LIKE TO OFFER MR. LORENZO A FEW MINUTES IF HE WANTS.

>> YES, SIR.

MY NAME IS -- HONORABLE MAYOR, COUNCIL MEMBERS, I HAVE ACTUALLY TWO HOMES IN THAT NEIGHBORHOOD AND I'VE BEEN IN COMPLIANCE ALWAYS.

ONE THING THAT -- I'M SORRY, MY NAME IS LORENZO G. MARTINEZ.

I OWN A HOME AT 2406 HOUSTON, WHICH IS VERY CLOSE TO HIS PROPERTY AND I HAVE ANOTHER HOME ON 214 NUECES WHO IS IN 200 FEET OF BOTH OF THOSE PROPERTIES.

NOW, I HAVE ALWAYS BEEN IN COMPLIANCE WITH MY HOMES.

I COULD ALSO RENT THEM.

PUT MULTIPLE PEOPLE IN MY HOMES BUT I HAVEN'T.

I HAVE ALWAYS SOLD -- RATHER, RENTED ONE OF MY PROPERTIES ACCORDING TO THE POLICIES OF THE CITY.

ONE THING THAT MR. PENA DID NOT MENTION, HE WAS OUT OF COMPLIANCE FOR DECADES NOT YEARS FOR DECADES, UNTIL THE COMMUNITY DECIDED TO DO SOMETHING ABOUT IT.

HE HAD SIX UNITS ON ONE SIDE OF HIS PROPERTY, WHICH IS ONE LOT.

HE HAS TWO LOTS.

HE COULD VERY EASILY HAVE, YOU KNOW, TWO APARTMENTS ON ONE SIDE, TWO APARTMENTS ON THE OTHER BUT NOT SIX UNITS ON ONE LOT.

THAT'S ONE THING THAT HE FAILED TO MENTION.

WELL, WE NEED TO -- I BELIEVE BRING BACK THE NEIGHBORHOOD INTO COMPLIANCE.

THERE'S ANOTHER PROPERTY CLOSE TO THERE THAT IS ALSO OUT OF COMPLIANCE.

THEY HAVE LIKE 11 PEOPLE IN THEIR HOME THAT THEY ARE RENTING.

>> I WANT TO SAY, HE SAID I COULD HAVE A FEW SECONDS, IS THAT WE'RE TRYING TO KEEP IT R-4 SINGLE FAMILY.

HE IS R-4 SINGLE FAMILY.

HE'S BEEN OUT MUCH NON-COMPLIANCE.

HE HAS TWO LOTS BOTH ARE R-4 SINGLE FAMILY.

IF HE SELLS WITH UNITS ON ONE

[02:55:03]

SIDE AND A PARKING LOT THE COMMUNITY IS STUCK WITH THAT.

>> THANK YOU VERY MUCH.

EVERYBODY.

>> TREVINO: THANK YOU, ALL, FOR COMING.

I WOULD LIKE TO THANK EVERYONE FOR BEING HERE TODAY.

I KNOW THAT THE APPLICANT DID WORK HARD TO REACH OUT TO THE COMMUNITY STAKEHOLDERS.

I ALSO KNOW THE COMMUNITY STAKEHOLDERS HAVE WORKED VERY, VERY HARD TO MAKE SURE THAT THEIR VOICES WERE HEARD.

THE PROPERTY IS LOCATED WITHIN A RESIDENTIAL COMMUNITY.

THE PROPOSED SITE PLAN INCLUDES A MAIN STRUCTURE, REAR ACCESSORY STRUCTURE AND PARKING LOT ON THE ADJACENT LOT.

THE EXISTING ZONING WOULD ALLOW TWO DUPLEXES SIDE BY SIDE WHICH THE COMMUNITY DOES SUPPORT BUT MOVING ALL OF THE DENSITY ON A SINGLE LOT WITH ADJACENT PARKING LOT DOES NOT MATCH THE DEVELOPMENT PATTERN OF THIS COMMUNITY.

THE COMMUNITY HAS SPOKEN.

IT DOES NOT SUPPORT THE ACCESSORY STRUCTURE OR PARKING LOT WHICH GIVES THE APPEARANCE OF A VACANT LOT.

WE'VE REQUESTED THIS BEFORE IN 2016.

THAT SITUATION HAS NOT CHANGED SINCE THAT COUNCIL DATE.

I KNOW IT'S TWO AND A HALF YEARS NOW.

I RECOGNIZE THE REQUEST TO POSTPONE THIS, BUT AT THIS POINT, AND FOR THESE REASONS, I SHOULD SAY, WE WILL AGAIN HAVE THE MOTION TO DENY THIS REQUEST AND HOPEFULLY THE TWO GROUPS CAN COME TOGETHER AND SPEAK IN A MUCH MORE -- IN A LESS STRESSFUL SITUATION AND MAYBE COME TOGETHER AS A COMMUNITY AGAIN.

THANK YOU, MAYOR.

>> MAYOR NIRENBERG: THANK YOU COUNCILMAN TRE VETERAN KNOW.

THERE IS A MOTION.

WAS THERE A SECOND?

>> SECOND.

>> MAYOR NIRENBERG: OKAY.

THERE'S A MOTION AND SECOND FOR DENIAL OF ITEM NUMBER Z-1.

COUNCILMAN COURAGE?

>> COURAGE: THANK YOU, MAYOR.

I HAVE A QUESTION FOR STAFF.

IF THIS ITEM IS DENIED AND TURNED DOWN AT THIS TIME, WHAT IS THE RESIDENTIAL ALLOWANCE AT THAT PROPERTY AS IT EXISTS TODAY?

>> AS OF TODAY, THE PROPOSED -- THE CURRENT ZONING ALLOWS FOR SINGLE FAMILY RESIDENTIAL.

SO, IT WOULD ALLOW THE DUPLEX THAT'S CURRENTLY ON THERE.

>> COURAGE: SO THEY COULD HAVE TWO FAMILIES IN THE DUPLEX.

>> YES.

WHAT THEY HAD REQUESTED TO AMEND WAS TO THE THREELY IS STILL WITHIN THE RANGE SO THAT COULD BE DONE TODAY.

>> COURAGE: SO THEY COULD CONVERT THE REAR TO A THIRD UNIT AND THAT WOULD BE IN COMPLIANCE.

>> IF APPROVED TODAY.

IF APPROVED WITH THE PROPOSED CHANGES THAT WERE DISCUSSED.

>> COURAGE: I UNDERSTAND.

I HAVE A LOT OF EMPATHY WITH THE PEOPLE WHO LIVE IN THE NEIGHBORHOOD.

I BELIEVE THAT WE'VE GOT TO PROTECT OUR NEIGHBORHOODS.

I FEEL LIKE WE HAVE A LOT OF NEIGHBORHOODS THAT ARE UNDER ATTACK THROUGH GENERAL DRIIFICATION, THROUGH THE TYPE 2STRS THAT ARE STARTING TO GROW EVERYWHERE IN OUR CITY.

I RESPECT THE PEOPLE WHO LIVE IN THE COMMUNITY, WHO WORK THERE, WHO GO HOME EVERY DAY AND WANT TO GO AHEAD AND CONTINUE TO MAINTAIN THE KIND OF COMMUNITY THAT THEY BELIEVE THAT THEY HAVE AND I THINK THAT'S SOMETHING THAT WE AS A COUNCIL SHOULD STRIVE FOR.

I WOULD HOPE THAT IF THIS IS DENIED, THE OWNER OF THE PROPERTY WILL STILL BE ABLE TO PROSPER BY ALLOWING OTHER PEOPLE TO LIVE THERE IN AFFORDABLE UNITS.

AND I HOPE THAT NEIGHBORHOODS WILL CONTINUE TO FIGHT AGAINST GENTRYIFICATION AND TYPE 2STRS COMING INTO THEIR AREA AND CHANGING THE MAKEUP OF THEIR COMMUNITIES SO I WILL VOTE IN FAVOR OF THE MOTION THAT WAS MADE TO DENY.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU COUNCILMAN COURAGE.

COUNCILMAN PELAEZ.

>> PELAEZ: MY COMMENTS ARE FOR THE GENTLEMAN THAT OWNS THE PROPERTY.

MR. PENA.

I THINK IT'S IMPORTANT, WHEN YOU WALK OUT OF HERE.

YOU UNDERSTAND WHOEVER IT IS YOU HIRED, MR. SERNA TO COMMUNICATE YOUR SIDE OF THE STORY AND REALLY EDUCATE US ON WHY THIS NEEDS TO HAPPEN, HE DID A GREAT JOB, AND YOU -- THAT WAS MONEY VERY WELL SPENT.

A LOT OF FOLKS TRY TO DO THIS WITHOUT THE HELP OF A PROFESSIONAL AND IT DIDN'T WORK OUT IN THIS INSTANCE.

I THINK IT'S NOT GOING TO WORK OUT IN THIS INSTANCE IF I'M DOING MY MATH RIGHT UP HERE ON THIS DAIS, BUT I DO APPRECIATE YOU DOING EVERYTHING YOU CAN TO WORK WITH THE COMMUNITY AND AT THE VERY LEAST MAKING ALL OF THE EFFORTS POSSIBLE.

THANK YOU.

THANK YOU TO STAFF AND MR. SERNA FOR YOUR WORK.

>> MAYOR NIRENBERG: THANK YOU COUNCILMAN PELAEZ.

WOMAN VIAGRAN.

>> VIAGRAN: I HAVE QUESTIONS FOR CLARIFICATION.

IF IT IS A CONDITIONAL USE AND

[03:00:01]

THEY SELL IT.

WOULD THE CONDITIONAL USE STAY ON IT OR WOULD IT REVERT BACK TO --

>> IT WOULD STAY ON IT.

WITH THE ZONING.

>> VIAGRAN: THOUSAND THIS, WHAT IT'S CURRENTLY ZONED RIGHT NOW, WAS THAT A PART OF OLD CODE CONVERSIONS, OR --

>> LET ME SEE.

YES.

IT'S PART OF THE OLD B TO R4.

THE OLD B ALLOWED DUPLEXES THAT'S WHY THE R-4 GETS TO KEEP THE DUPLEX ON THE PROPERTY.

>> VIAGRAN: THAT GOES TO A LARGER CONVERSATION OF WHAT WE'VE HAVING OF WHAT HAPPENED IN THE PART AND NEEDING THE RIGHT ZONE.

>> YES.

>> VIAGRAN: THANK YOU.

>>> THANK YOU.

COUNCILMAN SANDOVAL.

>> SANDOVAL: COULD YOU EXPLAIN THAT AGAIN?

>> IN THE OLD CODE IT WAS OUT RIGHT.

WHEN IT CONVERTS, IT TANS.

WE CAN'T TAKE THAT AWAY.

>> SANDOVAL: WHEN YOU SAY TAKE THAT AWAY.

>> THE DUPLEX.

THOSE EXISTED IN THE OLD CODE SO WHEN IT TRANSFERRED OVER WE HAVE TO CONTINUE WITH THE EXISTING CODE, ALLOWANCES.

>> SANDOVAL: IF THIS MOTION IS DENIED.

HOW MANY UNITS CAN REMAIN ON THE PROPERTY.

>> THEY CAN TILL DO THE DUPLEX.

>> SANDOVAL: I'LL BE SUPPORTING THE COUNCILMAN, BUT I DO HOPE THE NEIGHBORHOOD REPRESENTATIVES WILL SIT DOWN WITH THE OWNER AFTER WE GET THROUGH THIS PROCESS AND HOPEFULLY COME TO A RESOLUTION.

I DO DEFINITELY HAVE EMPATHY FOR THE FOLKS THAT LIVE THERE NOW THAT, THAT IS AFFORDABLE TODAY, AND HE IS CORRECT, WE DO NEED AFFORDABLE UNITS, AND I HOPE YOU WILL WORK SOMETHING OUT.

I UNDERSTAND THE WAY THE OPEN PARKING LOT LOOKS.

IT DOESN'T FIT WITH THE CHARACTER THAT YOU HAVE IN MIND FOR YOUR NEIGHBORHOOD, AND THAT DEFINITELY NEEDS TO BE RESPECTED AS WELL.

I DO HOPE YOU'LL BE ABLE TO COME TO A SOLUTION THE NEXT GO-AROUND.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU WOMAN SANDOVAL.

COUNCILWOMAN GONZALES.

>> GONZALES: R-4 SO HE CAN HAVE A FOURPLEX ON EACH LOT?

>> SO, IT'S ONE LOT.

HE CAN DO THE DUPLEX BASED OFF THE CONVERSION THAT WAS DONE.

>> GONZALES: ISN'T IT TWO LOTS?

>> YES, TWO PER LOT.

>> GONZALES: BUT YOU DIDN'T DO A FOURPLEX PER LOT.

>> NO.

>> GONZALES: I THOUGHT WE DID HAVE THE OPPORTUNITY FOR DWELLING UNITS, ACCESSORY UNITS.

COULDN'T HE HAVE A DUPLEX AND ACCESSORY UNIT?

>> IF THE OWNER LIVES ON THE PROPERTY THEY CAN ADD IN THE ACCESSORY DWELLING, IN THIS SITUATION HE DOES NOT SO IT WOULD ONLY BE THE DUPLEXES THAT ARE ALLOWED PER LOT.

>> GONZALES: OKAY.

THANK YOU.

>>

>> MAYOR NIRENBERG: THANK YOU.

THERE'S A MOTION AND SECOND FOR DENIAL OF ITEM NUMBER Z-1.

PLEASE VOTE.

MOTION CARRIES.

THAT IS THE BALANCE OF OUR ZONING AGENDA FOR THIS AFTERNOON.

EVERYONE HAVE A GREAT AFTERNOON.

* This transcript was compiled from uncorrected Closed Captioning.