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[00:00:01]

FORTUNATELY, THE TIME IS NOW 1 39, AND WE DO HAVE A QUORUM, SO WE'LL BE ABLE TO GO AHEAD AND START.

UH, WELCOME TO THE SAN ANTONIO PROPERTY MAINTENANCE CODE COMMITTEE.

I'M DWAYNE NELSON.

I'M THE CHAIR OF THE COMMITTEE, AND WE WILL HAVE A ROLL CALL.

MS. BROWN.

FRED ANDES.

HERE.

DAVID GARZA.

PRESENT.

CHERISE GUPTE.

KAYLA MIRANDA.

HERE DU I NELSON.

PRESENT.

JOEL SOLI.

ROBERT TAPIA.

ANN WEINER.

JESSE ZUNIGA.

HERE.

TREJO.

RAY MORALES.

HERE.

NEPALI RODRIGUEZ JR.

HERE.

ESTEBAN LOPEZ.

HERE.

ALSO PRESENT IN THE MEETING FROM THE CITY OF SAN ANTONIO.

FROM THE CITY ATTORNEY'S OFFICE.

SAVINA RAI, FELIX RAMIREZ.

AND FROM DEVELOPMENT SERVICES, EMIN TOMAS, DEPUTY DIRECTOR DANNY LEGGE, CODE ENFORCEMENT ADMINISTRATOR JENNY RAMIREZ, CODE ENFORCEMENT MANAGER.

JENNIFER MARTINEZ, ADMINISTRATIVE ASSISTANT TWO.

AND MYSELF.

JUDY KRUM.

B S B LIAISON CHAIR.

AORM IS PRESENT.

THANK YOU VERY MUCH.

IF YOU WOULD PLEASE SILENCE ALL CELL PHONES OR ANY OTHER ITEM THAT MIGHT INTERRUPT OUR MEETING.

AND IF WE COULD, LET'S HAVE THE SPANISH TRANSLATION.

GOOD AFTERNOON.

MY NAME IS, MY NAME IS.

THANK YOU.

WE HAVE RECEIVED A COPY OF THE MINUTES.

CHAIRMAN ENTERTAIN A MOTION ON THOSE MINUTES.

SO MOVE MR. CHAIR.

I, UH, THIS IS FRED ANDIS.

I MOTION THAT WE, UH, APPROVE THE MINUTES AS IS MOTION WAS MADE TO APPROVE THE MINUTES AS SUBMITTED.

DO I HAVE A SECOND? ANY DISCUSSION? ALL IN FAVOR OF THE MOTION TO APPROVE THE MINUTES AS SUBMITTED.

SAY AYE.

AYE.

AYE.

THOSE OPPOSED SAY NAYYY.

MOTION CARRIES.

WE INVITE YOUR ATTENTION TO SAN ANTONIO PROPERTY MAINTENANCE CODE SECTION 2 0 2, AND STARTING WITH ITEM NUMBER 46 AND 84 COMBINED.

AND WE HAVE, UH, PHOTOGRAPHS I AM TOLD TO LOOK AT.

THAT'S CORRECT.

UH, THIS IS DANNY WITH CODE ENFORCEMENT.

WE'RE STARTING WITH THE TABLE OF ITEMS. WE DO HAVE A POWERPOINT, UH, THAT WAS SUBMITTED BY UL REJO.

UL, DO YOU WANT TO NARRATE THE POWERPOINT AS WE GO THROUGH THEM, OR JUST LET 'EM SLIDE THROUGH? YEAH, I'LL, I'LL DO THAT.

OKAY.

THANK YOU, MA'AM.

UM, OKAY.

ALL RIGHT.

SO, UM, THIS IS THE PRESENTATION THAT I HAD MADE TO CLARIFY OUTSIDE PLACEMENT FOR OUR SAN ANTONIO NEIGHBORS.

THESE PHOTOS ARE COURTESY OF COMMUNITY MEMBERS AND OTHER SUSTAINABLE ORGANIZATIONS.

UM, UH, YOU CAN GO TO THE NEXT SLIDE.

OKAY.

I WANTED TO START OFF WITH THE MUSEUM.

UM, JUST AN EXAMPLE OF THEM REPURPOSING, UM, ITEMS SUCH AS STAINED GLASS, AND IT IS KEPT IN PLACE ON THE FENCING, UM, WITH A CHICKEN WIRE.

UM, SO I THINK IT'S A PRETTY CREATIVE USE OF FENCING.

UM, CAN YOU GO TO THE NEXT SLIDE, PLEASE? AND, UM, THIS IS FROM THE OFFICE OF HISTORIC PRESERVATION.

IT WAS A PROJECT CALLED THE PARDON FROM THE LANDFILL.

SO, UM, ALL THE MATERIALS THAT YOU SEE USED IN THIS TURKEY, UH, DECORATIVE PIECE, UM, WERE, UM, TAKEN FROM THE LANDFILL.

AND, UH, WE HAD, OR NOT WE, BUT THE OFFICE OF HISTORIC PRESERVATION HAD CHILDREN ASSEMBLE THIS TURKEY.

UM, I THINK IT'S KIND OF CUTE.

UH, NEXT SLIDE, PLEASE.

UM, THESE HERE ARE FROM SPARE PARTS, ASAY.

THEY ARE A SUSTAINABLE ORGANIZATION IN SAN ANTONIO, THAT REUSES MATERIALS,

[00:05:01]

UM, YOU CAN SEE THE CREDITS AT THE BOTTOM.

ON THE LEFT, YOU SEE A CARDBOARD, UM, A PIECE OF CARDBOARD THAT'S DRAWN INTO THE SHAPE OF A HOUSE.

AND, UM, IF YOU NOTICE, THERE ARE TWO EGG CARTONS CUT OUT, AND THEY'RE USED AS A LITTLE SEEDLING BED, UM, FOR THEIR FLOWERS.

AND ON THE RIGHT HAND SIDE, WE SEE TOILET PAPER ROLLS BEING REUSED, UM, TO CREATE A LITTLE, UM, ECOSYSTEM FOR BUGS THAT, UM, OFFER DECOMPOSITION, UM, USE TO THE PERSON'S GARDEN.

UM, UM, HERE YOU CAN SEE EXAMPLES OF DIFFERENT POTS BEING REUSED.

UM, ON THE LEFT HAND SIDE, WE HAVE A CHANDELIER BEING REPURPOSED INTO, UM, A HOLDER FOR PLANTS, A POT.

UM, IN THE MIDDLE YOU SEE, UM, DIFFERENT ALUMINUM CANS, UM, BEING USED AS A POTHOLDER.

AND EVEN IN THAT MIDDLE PHOTO, YOU COULD SEE IN THE BACK, THEY ALSO ARE REUSING SODA BOTTLES.

AND ON THE RIGHT HAND SIDE, LOWER RIGHT HAND, UM, YOU COULD SEE THAT THEY'RE USING SODA BOTTLES, UM, TO, UM, AS A POD.

UM, AND THEN HERE ARE SOME EXAMPLE OF SOME PLANT STANDS THAT I FOUND EXTREMELY BEAUTIFUL.

UM, YOU SEE WOODEN PALETTES BEING USED KIND OF TO UPHOLD THESE PLANS AND CREATE SOME TYPE OF LEVEL.

UM, YOU SEE A CHAIR BEING CUT OUT IN THE MIDDLE OR CUT OUT AT THE CHAIR PART, AND THEY USE IT TO DECORATE THEIR FLOWERS.

AND THEN ON THE RIGHT HAND SIDE, YOU CAN SEE SOME DRAWERS BEING USED AGAIN, UM, TO HOLD THEIR FLOWERS AND TO HOLD THEIR GARDEN BEDS.

UM, AND HERE YOU COULD SEE EXAMPLES OF WASH TUBS BEING REUSED.

UM, ON THE LEFT HAND SIDE, YOU SEE, UM, I'M SORRY IF THE PICTURE ISN'T VERY CLEAR, BUT THE WASH TUB IS BEING USED TO, UM, UH, HOLD A PLANT.

AND THEN ON THE RIGHT HAND SIDE, AGAIN, IT'S BEING USED TO HOLD A PLANT.

UM, YOU CAN GO TO THE NEXT SLIDE.

AND THEN HERE WE HAVE WINDOW PANELS BEING REUSED.

I THOUGHT THESE WERE REALLY BEAUTIFUL, AT LEAST THE ONE ON THE RIGHT SIDE.

AND THEN I'M A BIG FAN OF GREENHOUSES.

SO, UM, YOU COULD SEE REPURPOSED WINDOW PANELS AND REPURPOSED DOORS BEING USED, UM, FOR A TYPE OF GREENHOUSE STRUCTURE.

AND ON THE RIGHT, IT'S MORE OF A DECORATIVE USE.

UM, BUT IT'S STILL, UM, UPKEPT.

HERE WE CAN SEE, UH, BARRIERS BEING CONSTRUCTED ALONG THE WALKWAYS AND GARDEN PATHS.

SO ON THE LEFT HAND YOU SEE, UM, DIFFERENT WOODEN BRICKS TYPE THING.

UM, AND THEY'RE BEING USED TO, UM, DIVIDE THE GRASS FROM THE PLANTS.

ON THE BOTTOM YOU COULD SEE OLD BICYCLE, UM, WHEELS, RIMS, UM, BEING USED TO SEPARATE THE WALKWAY FROM THE PLANTS.

AND THEN ON THE UPPER RIGHT HAND CORNER, UM, THIS WAS SUBMITTED FROM ONE OF OUR COMMUNITY MEMBERS.

UM, THEY HAD REUSED THE BRICK THAT THEY HAD LEFT OVER, AND THEY CREATED, UM, A SMALL BARRIER BETWEEN, UM, THEIR WALKWAY AND THEIR GARDEN.

THEY ALSO USE IT TO SIT DOWN AND, YOU KNOW, REST IN THEIR FRONT YARD.

UM, HERE ARE SOME EXAMPLES OF SOME, UM, WALKWAYS THAT I ALSO FOUND KIND OF INTERESTING.

ON THE BOTTOM, YOU COULD SEE GLASS BOTTLES BEING, UM, YOU KNOW, INCORPORATED INTO THE WALKWAY.

AND THEN ON THE TOP, ON THE BOTTOM RIGHT, YOU CAN SEE, UM, THIS PERSON HAD USED, UH, GLASSES, UM, PAPER, SORRY, NOT PAPER, PLATES, PLATES.

UM, AND THEY HAD KIND OF COVERED IT WITH THIS LIKE COATING TO MAKE SURE THAT IT WASN'T DANGEROUS.

UM, AND IT CREATED A REALLY BIG SPLASH OF COLOR IN THEIR GARDEN HERE.

UM, MORE WALKWAYS.

UM, ON THE LEFT, YOU SEE, UM, THE BRICKS BEING REUSED INTO KIND OF A STEP, UM, STEPPING STONES.

AND THEN ON THE RIGHT YOU COULD SEE TIRES BEING REUSED AS A WALKWAY AS WELL.

AND EVEN THE RED PARTS, UM, I BELIEVE ARE ALSO, UH, REUSED TIRES THAT WERE JUST PAINTED RED.

UM, HERE YOU COULD SEE SHOVELS BEING REUSED, UM, INTO DECORATIVE AND USE FUNCTIONAL PIECES.

ON THE LEFT, YOU SEE, UM, IT'S KIND OF LIKE, UM, I FORGET WHAT THEY'RE CALLED, BUT IT ALLOWS THE PLANT TO TRAIL UPWARDS.

AND ON THE RIGHT HERE THEY USE THE, UH, THE SHOVEL AS A DECORATIVE PIECE BY HAVING PAINTED SOME FLOWERS ON IT.

AND THEN EVEN ON THE LEFT HAND SIDE, YOU COULD SEE THAT THEY HAD REMOVED THAT SHOVEL, THE, THE SHOVEL HEAD AND THEN REPLACED IT WITH, UM, SOMETHING, UH, CYLINDRICAL SO THEY CAN FIT A PLANT IN THERE AS WELL.

UM, HERE ARE SOME EXAMPLES OF DECORATION OR ART

[00:10:01]

PIECES THAT, UM, WE'VE SEEN IN THE COMMUNITY.

UM, FOR EXAMPLE, THIS BEE HERE, ACTUALLY A REUSED, UH, WINDOW PANEL.

AND THEY HAD PUT A B TO SIGNIFY THEIR LAST NAME, UM, THE BEGINNING LETTER OF THEIR LAST NAME.

UM, ON THE LEFT HAND SIDE YOU COULD SEE, UM, UTENSILS BEING USED AS WIND CHIMES.

AND ON THE RIGHT HAND SIDE YOU CAN SEE, UM, BOTTLE CAPS BEING REUSED IN ORDER TO CREATE SOME TYPE OF FLOWER.

AND THEY HAVE IT AS DECORATION UP FRONT IN THEIR, UM, IN THEIR GARDEN.

UM, AND THE LAST SLIDE HERE IS ACTUALLY AN EXAMPLE OF IN HOUSTON, UM, ON THE, THIS IS IN LOCATED IN THE HISTORIC STREET AVANDALE IN HOUSTON.

AND, UM, THIS QUESTION, OR THIS SLIDE REALLY DRAWS THE QUESTION, WHERE DO WE DRAW THE LINE WHEN IT COMES TO THESE THINGS? 'CAUSE I KNOW THAT'S DEFINITELY A ISSUE THAT, UM, YOU ALL HAD EXPRESSED.

AND ON THE LEFT HAND SIDE, WE CAN SEE THIS HOUSE THAT, UH, USED, UM, PROTECTED, PROTECTED PLANTS, UM, AND THEY CREATED LIKE A NATIVE GARDEN.

AND IT, IT'S BEAUTIFUL, BUT IT'S DEFINITELY, UM, OVERGROWING INTO THE SIDEWALKS AND INTO, UM, YOU KNOW, THE STREETS AND WHATNOT.

AND ON THE RIGHT HAND SIDE, WE SEE, UM, JUST A LITTLE BIT OF AN OVERGROWN SIDE, UH, OVERGROWN GRASS.

UM, BUT UNFORTUNATELY THERE IS A CODE VIOLATION ON THE RIGHT HAND SIDE.

UM, SO I JUST WANNA SAY THAT, UM, JUST RAISE THE QUESTION OF WHERE DO WE DRAW THE LINE WHEN IT COMES TO, UM, WHO, UM, RECEIVES THOSE VIOLATIONS AND WHAT IS ACCEPTABLE WHEN IT COMES TO, UH, ECOLOGY AND ALL THOSE THINGS.

UM, THERE ARE SOME PICTURES THAT I DID NOT INCLUDE IN THIS IMAGE, BUT JUST TO REITERATE, THERE ARE CERTAIN THINGS SUCH AS, UM, WHAT IS IT, UM, ALTERS THAT ARE CREATED IN THE FRONT YARDS.

I'VE SEEN SOME CREATED OUT OF SHELVING, UM, OR DESKS.

AND THEY, UH, USE THAT AS AAR TO A LOST LOVED ONE OR SOMETIMES TO THE VIRGIN MARY.

AND, UM, MOST OF THE TIMES THEY ARE REPURPOSING SOME OF THEIR FURNITURE IN ORDER TO CREATE THOSE STRUCTURES.

SO I JUST ALSO WANTED TO BRING THAT POINT UP.

AND IF YOU ALL HAVE ANY QUESTIONS OR ANY COMMENTS, UM, I'M HAPPY TO ANSWER ANY QUESTIONS.

ANYONE HAVE ANY QUESTIONS OR COMMENTS ON WHAT WE'VE SEEN? THANK YOU FOR THE PRESENTATION.

VERY GOOD.

YEAH.

UM, THIS IS FRED ANDES.

IN YOUR, IN YOUR STATEMENTS OR IN YOUR PRESENTATION, ALL OF THE STUFF YOU SHOWED HAS BEEN ALREADY IN PLAY THAT THE CITY ALLOWS IN MOST CASES.

THE SPECIFIC LANGUAGE THAT I OBJECTED TO IN THIS WAS SPECIFICALLY DEALING WITH FUR.

I MEAN, YEAH, FURNITURE OF A AUTOMOBILE.

AND LAST WEEK WE HAD A PRESENTATION UP THERE OF CERTAIN COMPONENTS WHEN YOU'RE DEALING AND SPECIFICALLY TARGETING FURNITURE FROM AN AUTOMOBILE, BUT DON'T GIVE ANYTHING IN THIS THAT REFERRED TO THE AUTOMOBILE EXCEPT THE TIRES.

IT'S KIND OF MISLEADING THAT THE SPECIFIC LANGUAGE HERE VERSUS THIS.

AND THAT'S WHAT WE WERE TALKING ABOUT BEFORE.

AND WHEN DO YOU DRAW THE LINE ON THAT? IT'S NOT NECESSARILY THIS, BECAUSE MOST OF THIS I AGREE WITH, IT'S JUST A SIMPLE FACT WHEN YOU'RE BLATANTLY PUTTING LANGUAGE IN THERE.

YEAH.

AND, UM, I, THE REASON THAT I DIDN'T INCLUDE ANY OF THE CART SEATS IS BECAUSE LAST WEEK WE HAD ALREADY SHOWN THEM ON SCREEN, SO I FIGURED THAT, UM, WE DIDN'T HAVE TO SHOW IT AGAIN.

BUT, UM, I, I DO UNDERSTAND THE CONFUSION THERE, BUT, UM, WE HAD PROVIDED EXAMPLES LAST WEEK, SO I WAS JUST, I KNOW, I MEAN, YOU WEREN'T HERE, BUT I THINK EVERYONE ELSE WAS HERE TO SEE THOSE EXAMPLES.

MICHAEL WAS HERE.

NO.

UH, IF, IF, IF I COULD COMMENT, UH, THE, UH, WHEN YOU, FRED, WHEN, WHEN YOU SAID THAT, UM, IT'S ALREADY ALLOWED, UH, A LOT OF THESE THINGS, IT'S NOT CLEAR FROM THE CODE.

AND THAT'S WHAT WE'RE HERE TO TALK ABOUT THE CODE, UH, AND THE INTENT OF THIS AMENDMENT IS TO, UH, PROVIDE A LITTLE BIT MORE LATITUDE OF WHAT COULD BE INTERPRETED AS OUTSIDE PLACEMENT, YOU KNOW, UH, WHAT, WHAT COULD BE ALLOWED TO BE PLACED OUTSIDE? AND, AND THE INTENT IS TO, TO SHOW EXAMPLES BECAUSE, UH, I DON'T THINK IT WAS CLEAR TO Y'ALL WHAT, WHAT WE'RE TALKING ABOUT, WHAT THE POSSIBILITIES.

AND, AND IF YOU LOOK AT THE CODE, IT DOESN'T SPECIFY REPURPOSED ITEMS, YOU KNOW? UH, SO THAT'S WHAT WE'RE TRYING TO INTRODUCE.

KAYLA.

[00:15:01]

MR. CHAIRMAN, KAYLA, JESSE, DO WE HAVE A MO DO WE HAVE TO HAVE A MOTION TO DISCUSS? UH, YES WE DO, EXCEPT BECAUSE WE ARE LOOKING AT SAMPLES OF THINGS TO, UH, CONSIDER.

I AM GOING TO PROVIDE AN EXCEPTION TO THE NUMBER RULE, BUT I DON'T THINK SO BECAUSE IT WAS ALREADY MOTIONED LAST WEEK, AND THIS IS PART OF THE SAME DISCUSSION.

IT WAS TABLED BECAUSE WE NEEDED MORE INFORMATION.

THAT IS CORRECT.

GO AHEAD.

AHEAD.

BUT IT WAS MENTIONED NOW, COUNSEL CAN STEP IN AND SAY DIFFERENT CA COUNSEL, GO AHEAD, MR. CHAIR.

UH, AT THIS POINT, UH, THE PRESENTATIONS ARE SOLELY FOR, UH, TO BE LIMITED TO THAT PRESENTATIONS.

UH, THERE IS, UH, NOT A MOTION ON THE TABLE BECAUSE LAST WEEK THE DISCUSSION TABLED UNDERSTOOD.

SO YOU CAN CONTINUE WITH THE PRESENTATION, BUT AS SOON AS PRESENTATIONS ARE DONE AND DISCUSSION AS TO THE ACTUAL CODE STARTS, AT THAT POINT, A MOTION NEEDS TO BE MADE.

YES, MA'AM.

DANNY, I THINK YOU HAVE SOME PHOTOGRAPHS OR STAFF HAS SOME PHOTOGRAPHS, IF NOT YOU, DANNY.

YES, SIR, THAT'S CORRECT.

SO, GOOD AFTERNOON.

THIS IS DANNY LEGAS WITH CODE ENFORCEMENT.

SO I, I WANTED TO KIND OF SHOW, UM, SOME ITEMS THAT WE CUSTOMARILY SEE, UH, AND ADDRESS WHILE WE'RE IN THE FIELD AS OUTSIDE PLACEMENT.

UM, AFTER REVIEWING THE POWERPOINT PRESENTATION THAT YOU PROVIDED, UH, I THINK FOR THE MOST PART, ALL OF US HERE WOULD AGREE THAT WE HAVE AN ENCOUNTER OR SOMETHING LIKE THAT IN THE FIELD WHERE WE WOULD GIVE THEM A NOTICE OR A CITATION FOR.

SO THE NEXT COUPLE OF SLIDES, I WANNA SHOW YOU SOME ITEMS THAT WE'VE SEEN THAT ARE, UM, OUT IN THE FIELD THAT WE WOULD CONSIDER OUTSIDE PLACEMENTS.

SO STARTING ON THE TOP RIGHT OR AT THE TOP LEFT, YOU SEE A STOVE SITTING ON SOMEONE'S PORCH, RIGHT? UM, AND A LITTLE, A CENTER CONSOLE THAT SOMEONE PUT OUT THERE AS WELL.

AND A LITTLE TABLE ON THE FAR END.

UM, MOVING OVER TO YOUR RIGHT, THERE'S A COUCH THAT'S SITTING SIDEWAYS WITH SOME STUFF.

OBVIOUSLY THAT STUFF THAT'S BEEN DISCARDED, YOU CAN TELL.

BUT IF YOU LOOK ON THE FAR RIGHT, THAT'S ANOTHER PORCH.

AND SOMEONE HAS A DESK OUT THERE THAT THEY USE TO SIT OUT THERE.

AND FOR WHATEVER PURPOSE, THIS IS A DESK THAT'S CUSTOMARILY INSIDE, UH, BUT SITTING OUT THERE IN THE PORCH WITH SOME BOXES, IF YOU GO TO THE BOTTOM LEFT, YOU CAN SEE AS WELL, SOMEONE'S PUT A LITTLE COUCH OUT IN THEIR FRONT YARD ALONG WITH A LITTLE TABLE.

THESE ITEMS, AGAIN, ARE NOT, UM, CUSTOMARILY RESISTANT TO THE WEATHER, RIGHT? UM, YOU KNOW, THIS DESK AND, AND THIS, THIS COUCH, UM, NORMALLY WOULDN'T BE STORED OUTSIDE.

UH, CAN WE GO TO THE NEXT SLIDE, PLEASE? AND THEN WE TRY TO FIND SOME PHOTOS THAT WILL AUTO PARTS THAT WE CUSTOMLY SEE OUT IN THE FIELD.

UM, SO THERE'S A COUPLE OF THINGS GOING ON WITH THIS PICTURE HERE AS WELL.

NOT ONLY THE AUTO REPAIR, UH, BUT THESE ARE THE KIND OF PARTS YOU ALSO SEE THAT ARE STORED.

UM, YOU KNOW, A TRANSMISSION, UH, AN ENGINE BLOCK.

AND THEN ON THE MIDDLE PICTURE YOU CAN SEE WHERE THERE'S A PILE OF WOOD THAT'S KIND OF JUST KIND OF JUST STORED THERE.

YOU CAN SEE IT'S BEEN THERE FOR QUITE SOME TIME BECAUSE IT'S NOT REALLY IN ANY KIND OF ORDERLY FASHION.

IT'S BEEN WEATHERED, IT'S KIND OF ROTTEN SOME CASES.

AND THEN THE PHOTO RIGHT BELOW IT AS WELL, YOU CAN SEE SOMEONE'S PORCH ALSO WHERE THEY HAVE SOME OTHER ITEMS, AGAIN, THAT SHOULD NOT BE STORED OUTSIDE.

AND IN THE BOTTOM LEFT PICTURE, YOU SEE, UH, THE FRONT OF SOMEONE'S PROPERTY, THAT THERE'S A BUNCH OF TIRES STORED OUTSIDE TIRES AND A BUNCH OF OTHER DISCARDED ITEMS THAT, AGAIN, THAT SHOULD NOT BE CUSTOMARILY STORED.

WHAT I WANTED TO SHOW THE, THE COMMITTEE IS THESE ARE THE ITEMS THAT WE ENCOUNTER IN THE FIELD, UH, THAT WE ADDRESS AS OUTSIDE PLACEMENT.

OKAY, DANNY? UH, I DON'T THINK WE'VE SUGGESTED THAT ANY OF THESE, UH, ITEMS ARE ALLOWABLE.

WHAT WE'RE ARGUING IS THAT, UH, UH, WHAT SHOULD BE ALLOWED IS REPURPOSED ITEMS, UH, AND, UH, UH, RECYCLED ITEMS, SOMETHING THAT HAS BEEN, UH, CONDITIONED TO WEATHER.

SO WE CAN AWFULIZE THIS, AND I'M SURE THERE'S EVEN WORSE EXAMPLES OF THIS.

OKAY? AND, AND SO I, WE'RE NOT TRYING TO LIMIT, UH, WHAT YOUR COURT OFFICIALS RIGHTFULLY CAN, CAN CITE WHAT WE'RE TRYING TO SHOW THAT THERE'S A LOT OF MORE EXPRESSIONS, CREATIVE EXPRESSIONS OF HOW TO USE, UH, THINGS OUTSIDE AND, AND THAT IS NOT CLEAR ON THE CODE PRESENTLY.

YEAH, I, I COMPLETELY AGREE WITH YOU, RAY.

UM, SO AGAIN, GOING BACK TO THE PREVIOUS SLIDE, JUDY, IF WE CAN, SO, YOU KNOW, THE COUCH THAT'S SITTING ON THE BOTTOM LEFT SIDE, SOMEONE USES THAT FOR, YOU KNOW, WHATEVER PURPOSES THEY SIT OUT ON THE FRONT, UM, YOU KNOW, WHILE THEY HAVEN'T REPURPOSED IT, RIGHT? UM, IS IT FAIR TO SAY AT THIS POINT, BECAUSE THE CODE ALLOWS FOR OTHER ITEMS TO BE REUSED, THAT THIS PERSON DOESN'T HAVE THAT SAME OPTION? I MEAN,

[00:20:01]

I, I WANNA BE CLEAR, UM, WHEN, WHEN WE CLARIFY, AND I, I THINK THIS IS WHAT THIS DISCUSSION'S ABOUT IS WHAT ITEMS WILL BE ALLOWED AND WHAT ITEMS WILL NOT BE ALLOWED, BECAUSE I WANNA MAKE SURE THAT WE DON'T TAKE AWAY THEIR OPPORTUNITY TO ENJOY THAT SAME COUCH AS WE WOULD GIVE SOMEBODY ELSE, UM, THAT USES AN AUTOMOBILE COUCH OR A SEAT, OR USES THE, UM, THE CAR PARTS AND THE REPURPOSED.

I WANNA MAKE SURE THAT WE'RE CLEAR ON THAT.

AND THERE'S NO D THERE'S NO, UH, ANY KINDA AMBIGUITY WHEN WE COME OUT THERE AS ENFORCEMENT THAT WE'RE, WE'RE, WE'RE SETTING A CLEAR STANDARD ON THE ADVICE OF COUNSEL CHAIR IS GOING TO ASK FOR A MOTION.

GO AHEAD, .

ONE MOMENT, PLEASE.

MR. CHAIR.

MR. CHAIR.

I MOTION THAT UNDER 46 AND 84 THAT WE ACCEPT THE 2018 SS A P M C SECTION 2 0 2 GENERAL DEFINITIONS TO STAND AS IS AS THE MOTION, SECOND MOTION HAS BEEN MADE TO KEEP THE 2018 CODE, UH, AND HAS BEEN SECONDED.

UH, THE POINT MADE IS THAT AT SOME POINT IN TIME, UH, SOMEONE HAS A CREATIVE IDEA TO USE SOMETHING THAT IS OUT OF THE NORM IN TERMS OF THEIR YARD.

AND NOW THE QUESTION WOULD BE, HOW DO WE MAKE THAT STATEMENT PER SE, UH, AND MAKE IT A, A, I GUESS, A CONSISTENT ISSUE.

UL, YOU HAVE YOUR HAND UP.

GO AHEAD.

UM, I WAS JUST GONNA SAY, I THINK, UM, 46 AND 84 ARE A LITTLE BIT DIFFERENT.

SO I THINK LAST WEEK THEY HAD, UH, SUGGESTED THAT WE TREAT THEM SEPARATELY.

'CAUSE I THINK 84 INCLUDES THE RELIGIOUS ITEM.

NOW, COUNSEL DID MAKE THAT RECOMMENDATION.

AND AS A RESULT OF COUNSEL'S RECOMMENDATION, UH, WE WILL BACK UP.

AND MR. ANDES, IF YOU DON'T MIND AMENDING YOUR MOTION, I'LL AMEND THE MOTION TO, UH, FOR ITEM 46, ONLY 4 46 ONLY.

THANK YOU.

THANK YOU, Y'ALL.

ANY, ANY OTHER DISCUSSION OR IDEAS IN TERMS OF HOW TO COMMUNICATE? OBVIOUSLY WE GOT HUNG UP, UH, COMPLETELY ON THE ISSUE OF ARTISTIC, UH, RE UH, REPURPOSING BECAUSE OF THE INABILITY TO DEFINE ARTISTIC.

SO, DOES ANYONE ELSE HAVE A DIFFERENT IDEA? GO AHEAD.

UH, UH, I THINK IT'S CLEAR, UH, THAT THE OUTSIDE PLACEMENT NEEDS TO BE FOR ELEMENTS THAT NEED TO BE, UH, UH, PURPOSELY, UH, ENOUGH TO BE, UH, WITH, IN THE WEATHER AND NOT CREATING ANY HAZARDS FOR THE PROPERTY OWNERS OR FOR THE NEIGHBORS.

SO WE, WHEN, UH, MR. SHANNON WAS HERE LAST WEEK, WE HAD, UH, STARTED, UH, CHANGING, UH, THE 2018, UH, CODE, UH, 46 ITEM, UH, INTO INCLUDING WORDS THAT WILL ALLOW US TO MOVE INTO THAT DIRECTION, MEANING ALLOWING SOME PLACEMENT EATEN, UH, ITEMS TO BE, UH, OUTSIDE ONLY FOR THE CASES THAT THOSE ITEMS HAVE BEEN REPURPOSED IN A WAY THAT THEY WITHSTAND THE WEATHER AND DO NOT CREATE ANY POTENTIAL, UH, HAZARD FOR THE HOMEOWNERS AND THE NEIGHBORS.

SO I THINK, IN MY OPINION, UH, WE WILL, WE SHOULD BE MOVING INTO CHOOSING LANGUAGE GOOD ENOUGH TO MODIFY, UH, THE 2018 SM S A P M C, UH, INTO, INTO THAT DIRECTION.

THANK, THANK YOU.

ANY FURTHER CALL FOR THE VOTE HAS BEEN REQUESTED.

UH, THE MOTION ON THE TABLE IS TO MAINTAIN THE 2018 CO, UH, COPY.

UH, AND THE MOTION HAS BEEN SECONDED.

ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE.

THOSE OPPOSED SAY NAY.

MOTION WILL CARRY SINCE THE ITEM AND, AND THE COPY IS SLIGHTLY DIFFERENT ON THE RECOMMENDED, UH, ITEM FOR ITEM NUMBER 84 CHAIR WOULD ENTERTAIN A MOTION FOR ITEM NUMBER 84.

MR. CHAIR, THIS IS FRED ANDERSON.

I MOTION THAT UNDER SS A P M C SECTION 2 0 2, THAT WE ACCEPT THE 2018, UH, DEFINITION AS IS FOR ITEM 84, SET MOTION HAS BEEN MADE AND SECONDED TO MAINTAIN THE 2018 TEXT

[00:25:01]

OF THE CODE.

AND SINCE THE CODES ARE IDENTICAL, UH, WE'LL OPEN UP TO ANY DISCUSSION, BUT I DON'T KNOW HOW WE CAN, UM, SO FOR THIS ONE, , YEAH, SORRY.

UM, FOR THIS ONE, I JUST WANTED TO SAY, UM, THIS ONE'S JUST A LITTLE BIT DIFFERENT BECAUSE OF THE RELIGIOUS VALUE INCIDENTAL, UM, YOU KNOW, WORDING THAT IT INCLUDED.

AND I DO WANNA SAY THAT, UM, SO MY PERSONALLY, FROM MY EXPERIENCE, UM, MY HUSBAND LIVES OVER ON REGINA STREET, WHICH IS ON THE SOUTH SIDE OF SAN ANTONIO, AND HE HAD A NEIGHBOR OVER THERE ON ADA STREET, UM, WHO HAD AN ALTAR THAT WAS CREATED OUT OF A DESK.

UM, IT HAD LIKE A LITTLE HUTCH AND EVERYTHING.

UM, AND THIS ALTAR WAS DEDICATED TO HER DAD, AND AT A CERTAIN POINT, UM, SHE ALSO HAD THE , UM, ON THERE AS WELL.

AND, UM, I, I BELIEVE THAT SHE DID RECEIVE A CODE VIOLATION BECAUSE IT WAS A DESK AND IT WAS OUTDOORS, EVEN THOUGH IT WAS UNDERNEATH THE PORCH COVERING.

UM, SO I, I AM A LITTLE CONFUSED BECAUSE I KNOW THAT IT HAS TO BE MATERIAL THAT'S RESISTANT TO DETERIORATION AND OUTSIDE ENVIRONMENT, AND IT DOES MENTION SOMEWHERE IN THE CODE ALREADY ABOUT, UM, PLACEMENT IN A STRUCTURE THAT IS OPEN OR NOT COMPLETELY ENCLOSED.

SO, UM, THAT INCLUDES LIKE THE PORCH COVER, UM, BUT IT WAS LIKE A RELIGIOUS VALUE AND, UM, YOU KNOW, PERSONAL SENTIMENT.

AND I ACTUALLY SEE A LOT OF THOSE TYPES OF ALTERS THAT ARE CREATED FROM THAT TYPE OF REPURPOSED MATERIALS, UM, YOU KNOW, AND DEDICATION TO THEIR DAD OR IN DEDICATION TO THEIR RELIGION.

UM, SO I, I WAS JUST WONDERING, UM, WHAT IS THE, THE DETERMINATION FOR THOSE TYPES OF INCIDENTS? THIS IS DANNY WITH CODE ENFORCEMENT.

UH, I'LL TRY TO ANSWER THAT.

SO JUST TO, UM, JUST FROM WHAT YOU'VE SHOWED ME, I'M NOT FAMILIAR WITH THE, THE HISTORY OF THE LOCATION OR THE, THE ARTIFACTS THAT YOU MENTIONED, BUT, UM, JUST THE IDEA THAT YOU MENTIONED DESK OR DESK ITSELF, RIGHT? CUSTOMARILY IS AN ITEM THAT'S NOT STORED OUTSIDE.

SO IF IT'S A DEFINITION OF OUTSIDE PLACEMENT, UH, AGAIN, I DON'T KNOW IF THE, THE SETUP WAS I PUT A DESK OUTSIDE AND I, I LAY, YOU KNOW, A STATUE OF LEVITON AND I, I PUT OTHER, YOU KNOW, RELIGIOUS ARTIFACTS AROUND IT, KIND OF LIKE A, UM, LIKE AN ALTAR, IF YOU WILL.

I'M NOT SURE THAT WAS IT, BUT, UM, I'M SURE, UM, IT WAS LOOKED AT SOLELY FROM THE OUTSIDE PLACEMENT.

THE DESK, NOT SO MUCH THE RELIGIOUS COMPONENT OF IT, BECAUSE I'M VERY FAMILIAR WITH A LOT OF LOCATIONS WHERE THEY DO HAVE, UH, VE TENS OR ALTERS OR DIFFERENT TYPE OF RELIGIOUS ARTIFACTS OUT IN THEIR YARD, UM, MADE OF DIFFERENT TYPE OF MATERIALS, UM, CUSTOMARILY, UH, STONE OR ROCK OR THINGS THAT ARE WEATHER RESISTANT, RIGHT? UH, BUT AGAIN, I, I CAN'T SPEAK TO THIS OTHER THAN MAYBE IT WAS AN OUTSIDE PLACEMENT ITEM THAT WAS LOOKED AT.

OKAY.

UM, SO I KNOW THAT THE ISSUE HERE IS THAT, UM, IF WE CODIFY SOMETHING THAT INCLUDES REPURPOSE ITEMS, THAT THAT COULD POTENTIALLY LEAD TO, UM, SOME LITIGATION FOR THE CODE ENFORCEMENT OFFICERS.

AND I COMPLETELY UNDERSTAND, UM, THE CONCERN THERE.

WE OBVIOUSLY DON'T WANT LIKE SOMEONE JUST PILING UP TRASH OUTSIDE AND CALLING IT ART, RIGHT? UM, SO IF THERE'S A WAY THAT WE CAN JUST INCLUDE THE IDEA OF, UH, UM, I KNOW THAT ONE OF THE BIGGEST ISSUES IS WITH THE AUTOMOBILE PART, BUT IT, UM, I BELIEVE THAT INCLUDING REPURPOSED FUNCTIONAL ITEMS, UM, IT, IF YOU'RE SAYING THAT THERE'S NOT AN ISSUE WITH THE IMAGES THAT WE PRESENTED IN THE FIRST PRESENTATION, UM, I DON'T SEE THE, THE HARM IN CODIFYING THAT, UM, IF THAT'S SOMETHING THAT YOU GUYS ALREADY DO, AND THAT'S DEFINITELY SOMETHING THAT WE'VE HEARD REPEATEDLY THROUGHOUT THE PROCESS, THAT IT'S SOMETHING THAT YOU ALL DO, UM, AND THAT LIKE, THAT'S GREAT .

UM, THAT'S, THAT'S GREAT THAT YOU GUYS DO THAT.

AND, UM, AND, BUT IT IS STILL AT THE DISCRETION OF THE CODE OFFICIAL TO DO THAT.

AND I THINK IT WOULD BE REALLY HELPFUL FOR RESIDENTS.

VERY, VERY HELPFUL, BECAUSE, YOU KNOW, UM, EVEN THOUGH YOU'RE NOT FAMILIAR, THE PARTICULAR EXAMPLE THAT I PROVIDED, UM, THAT'S NOT TO SAY THAT'S THE ONLY EXAMPLE, UM, OUT THERE, YOU KNOW, AND I JUST REALLY WANNA REITERATE THAT THERE ARE PEOPLE WHO EXPERIENCE, UM, ISSUES WITH THESE REPURPOSE ITEMS AND HAVE RECEIVED CODE VIOLATIONS, BUT THEY CAN'T MAKE IT, YOU KNOW, BECAUSE THERE ARE BARRIERS TO EVEN BEING ABLE TO SHOW WORKDAY.

UM, AND I REALLY WANT TO REITERATE THAT THIS IS SOMETHING THAT

[00:30:01]

WE'VE HEARD FROM DIFFERENT COMMUNITY MEMBERS THAT WE HAVE.

UM, THEY, UH, HAVE RECEIVED CODE VIOLATIONS FOR REPURPOSE ITEMS. AND, UM, I, I JUST REALLY WANNA REITERATE THAT IF THIS IS SOMETHING THAT YOU ALREADY DO, UM, IT DIDN'T HURT TO INCLUDE REPURPOSING, UM, REPURPOSED ITEMS IN SOME FORM IN THIS, UM, OUTSIDE PLACEMENT.

SO THANK YOU.

THANK YOU, MA'AM.

KAYLA, MR. CHAIR.

UH, COUNSEL, GO AHEAD.

I'M SORRY.

KAYLA.

UH, THIS IS SAVITA R FROM THE ATTORNEY'S, OH, EXCUSE ME, EXCUSE ME.

UH, UH, AS TO, UH, WHEN I WAS, UH, RESEARCHING THE ISSUE OF REPURPOSED ITEMS, THE, THE DEFINITION OF A REPURPOSED ITEM IS WHEN IT IS THE USE OF SOMETHING FOR A PURPOSE OTHER THAN ITS ORIGINAL INTENDED USE IN A FINAL FORM.

SO I STARTED LOOKING AT THE DEFINITIONS NATIONWIDE, AS WELL AS TEXAS WIDE.

AND WE ALREADY COVERED THE ISSUE OF ADEQUATELY REPURPOSED IN THE LANGUAGE WHEREIN IT STATES METAL OR WOOD PRODUCTS OR PARTS NOT CONVERTED TO A FINAL USE.

AND SO THE EXAMPLES THAT WERE PROVIDED WERE ITEMS THAT WERE CONVERTED TO A FINAL USE AND THUS NOT SUBJECT TO, UH, A NOTICE AS OUTSIDE PLACEMENTS.

AND, UH, AND TO GO FURTHER AND ADD IN EXAMPLES WOULD, UH, CREATE A BIGGER PROBLEM.

I THINK THE, THE MANNER IN WHICH THE 2018 ORDINANCE, WHICH IS SIMILAR, UH, STATEWIDE, AND, UH, AS FAR AS I CAN SEE NATIONWIDE ALLOWS FOR THE REPURPOSED ITEMS AS LONG AS THEY WERE REPURPOSED INTO A FINAL USE.

AND THEN JUST AS AN ASIDE AT THE, THE PHOTOGRAPHS OF, UH, THE ITEMS, UH, THOSE, UH, WOULD NEVER BE CLASSIFIED AS OUTSIDE PLACEMENT.

UH, BUT I, UH, IT, IT'S HARD.

I, I BELIEVE AMIN HAD ASKED FOR SPECIFICS 'CAUSE I UNDERSTAND, UM, THE ISSUE THAT HAS ALWAYS BROUGHT UP THAT THE COMMUNITY IS BEING CITED, THE COMMUNITY HAS ISSUES, BUT WE'VE ASKED FOR THOSE SPECIFIC EXAMPLES.

AND, AND IF THERE WAS A WRONG DETERMINATION, THEN UH, CODE ENFORCEMENT CAN ADDRESS IT.

BUT UNLESS THERE IS A SPECIFIC INSTANCE OR PHOTOGRAPHS THAT CAN BE VIEWED THAT WOULD CONTRADICT THE, UH, LANGUAGE THAT IS CURRENT, THEN IT WOULD, IT, IT'S HARD.

ANY OTHER SPECIFIC PROVISION? THANK YOU.

THANK YOU, MA'AM.

CHAIR.

JUST A SECOND.

LEMME GO TO KAYLA.

'CAUSE SHE HAD, UH, LAURA, BEFORE I ALLOWED COUNSEL TO INTERRUPT KAYLA, I CAN'T, I KEEP LOSING MY TRAIN OF THOUGHT BY THE TIME IT COMES BACK AROUND TO ME.

.

UM, I, I, I DID WANNA SPEAK A LITTLE FURTHER ON, ON WHAT OA WAS SAYING.

AND, UH, AS A MEMBER OF THE WEST SIDE, UH, EVERY YEAR DURING, UH, OCTOBER AND NOVEMBER, WE PUT OUT FOR S AND WE ARE TAKING OUT SHELVES AND BOOKSHELVES AND WHATEVER WE CAN FIND AND PUTTING IT IN ON OUR FRONT PORCH.

AND, UH, THERE'S A LOT OF STUFF OUTSIDE THAT IT'S NOT REALLY SUPPOSED TO BE OUTSIDE, BUT IT IS FOR CULTURAL AND RELIGIOUS, UM, REASONS.

SO I, I STRONGLY SUGGEST I DON'T, I DON'T KNOW THE EXACT LANGUAGE OR THE EXACT PLACEMENT OF IT HERE, BUT AN ADDITION OF CULTURAL AND RELIGIOUS.

I CAN ALSO THINK OF EXAMPLES, UM, OF INDIGENOUS

[00:35:01]

ALTERS, UH, LAND BLESSINGS WHERE ITEMS WE PLACED AT A, THE FOOT OF A TREE, LIKE A BOTTLE OF WHISKEY OR TOBACCO, LOOSE TOBACCO, UM, FOOD ITEMS TO BLESS THE LAND.

AND THAT'S NOT NECESSARILY SUPPOSED TO BE OUTSIDE, IT'S NOT NECESSARILY SUPPOSED TO BE THERE, BUT IT IS A CULTURE AND RELIGIOUS FACTOR.

RIGHT.

THANK YOU.

UM, I, I GUESS, I GUESS, YOU KNOW, THAT THE, UH, THE FOUR NON-VOTING MEMBERS HERE ARE FAIRLY NEW TO THIS PROCESS, UH, TO THIS, THIS CODE.

AND, UH, WE DON'T, UH, PROFESS ANY, ANY EXPERTISE.

BUT THE FACT THAT WE'RE DISCUSSING THIS ISSUE, THAT COMMITTEE MEMBERS HAVE BEEN PART OF THIS COMMITTEE FOR YEARS, THAT MS. RA HAD TO EXPLAIN THAT, UH, REPURPOSED ITEMS ARE INCLUDED IN THE CODE ALREADY, THAT SHE HAD TO DO RESEARCH ON THIS, SHOWS THAT THE COMMUNITY ITSELF DOES NOT UNDERSTAND IT THAT WAY.

AND WHAT WE'RE LOOKING FOR IS CLARITY, YOU KNOW, LIKE DANNY HAS SUGGESTED, WE'RE ALL OF, ALL OF OUR SUGGESTIONS HAVE BEEN TO CLARIFY THE CODE, TO MAKE IT CLEAR SO THAT, UH, IF SOMETHING IS NOT DEFINED, LET'S PROVIDE A DEFINITION.

BUT ALL ALONG THE WAY, THERE HAS BEEN OBSTRUCTION ON THAT.

THANK YOU, SIR.

UM, CAN I SAY A COUPLE MORE THINGS? UM, OKAY.

AND I, I HEAR WHAT, UM, SAVITA IS SAYING ABOUT THE FACT THAT THIS IS ALREADY INCLUDED IN THE AMENDMENT.

UM, BUT I, I WAS LOOKING ON THE DATABASE ON THE SAN ANTONIO GOVERNMENT, UH, WEBSITE, AND I KNOW THAT THEY, UH, ALLOW FOR, UM, CODE, YOU CAN SEE THE CODE VIOLATIONS THROUGH THE OPEN RECORDS PORTAL.

AND, UM, ONE OF THEM, IT WAS A NOTICE OF VIOLATION FOR A PAINTED BED FRAME IN YARD FOR DECORATION.

AND IF WE'RE SAYING THAT THIS TYPE OF REPURPOSING IS ALLOWED, THAT APPLIANCE IS NOT IN SERVICE, METALWOOD PRODUCTS, UM, CONVERTED TO A FINAL USE, IT WAS CONVERTED INTO A FINAL USE.

IT WAS CONVERTED INTO DECORATIVE, UM, USE FOR OUTSIDE PLACEMENT, AND YET THEY HAD STILL RECEIVED A VIOLATION ON IT.

UM, SO THIS IS ALL TO SAY THAT THE CODE IS NOT CLEAR, AND TO REITERATE RAY'S POINT THAT IT, THAT IS NOT CLEAR THAT, UM, EVEN THE CODE OFFICIALS MIGHT INTERPRET IT IN A DIFFERENT SENSE.

SO I THINK THAT IT WOULD BE REALLY, REALLY CRUCIAL TO INCLUDE THIS INTO THE LANGUAGE.

AND LAST POINT THAT I WANNA MAKE IS THAT THE, THE IMAGES THAT YOU HAD PROVIDED, UM, DANNY, THE OUTSIDE PLACEMENT, UM, I, THAT, THIS IS JUST A PERSONAL ISSUE, BUT SOME PEOPLE GENUINELY CAN'T AFFORD TO BUY NEW, UM, LAWN CHAIRS.

THEY CAN'T AFFORD TO BUY, UM, YOU KNOW, CHAIRS OUTSIDE.

THEY CAN'T AFFORD TO BUY WHATEVER IT IS THAT ALLOWS THEM TO ENJOY THEIR OUTDOORS, THEIR YARDS.

UM, SO I DO BELIEVE THAT THERE IS SOME TYPE OF, UM, YOU KNOW, CLASS, UM, DIVIDE HERE THAT WE REALLY NEED TO CONSIDER BECAUSE A LOT OF, UM, SAN ANTONIO BEING ONE OF THE MOST IMPOVERISHED, UM, CITIES IN THE UNITED STATES, IT, IT'S SOMETHING TO TAKE INTO CONSIDERATION THAT THERE ARE A LOT OF POOR PEOPLE IN OUR CITY, AND THEY ALSO DESERVE TO BE ABLE TO ENJOY THEIR YARDS AND THEIR PORCHES.

THANK YOU VERY MUCH.

THE MOTION ON THE TABLE IS TO MAINTAIN THE 2018 COPY FOR THIS CODE, AND THE MOTION'S BEEN SECOND.

ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE.

AYE.

THOSE OPPOSED SAY NAYYY.

NAY.

ONE.

NAY.

I INVITE YOU TO TAKE A LOOK AT ITEM NUMBER 48 86 AND 86.

YOU DID THE MOTION PASS.

UH, I'M SORRY.

THE MOTION DID PASS ONE DAY.

, UH, ITEM NUMBER, UH, 48 AND 86, UH, WAS TABLED FROM OUR LAST MEETING.

UH, AND WE ARE INTO A DISCUSSION AGAIN IN SOME CASES OF REPURPOSING FOR OUTDOOR USE.

UH, AND MY NOTE, UH, DOES NOT SPECIFY WHY WE TABLED, OH, WE TABLED IT, UH, BECAUSE OF A CONVERSATION FROM A MEAN, AND ALSO COUNSEL, UH, AND COUNSEL, I THINK HAS, HAS ANSWERED THE ISSUE ON REPURPOSING ON THESE

[00:40:01]

TWO SECTIONS.

AS A RESULT OF THAT CHAIR WOULD ENTERTAIN A MOTION FOR ITEMS 48 AND 86.

YES, SIR, GO AHEAD.

I MOVE THAT ITEM MOTION'S BEEN MADE BY MR. GUPTA AND SECOND BY MR. ZIKA TO MAINTAIN THE 2018 TEXT FOR THESE ITEMS. ANY DISCUSSION? UM, JUST TO REITERATE, UM, YOU KNOW, I MEAN, YEAH, JUST TO REITERATE, UM, JUST BECAUSE IT WASN'T NECESSARILY CLEAR EVEN TO OUR CITY ATTORNEY, UM, THE REPRESENTATIVE FROM CITY ATTORNEY, UM, I THINK THAT IT SHOULD BE INCLUDED IN HERE JUST SO IT IS CLEAR, UM, TO RESIDENTS WHO MAY BE, UM, LOOKING TO LITIGATE ONE OF THEIR, UM, CODE VIOLATIONS.

SO, UM, I THINK IT SHOULD BE INCLUDED.

THANK YOU, MA'AM.

MR. CHAIR, UH, COUNSEL, UH, UH, UNLESS SOMEONE ELSE HAS THEIR HAND UP, I, I'M, GO AHEAD.

GO AHEAD, MA'AM.

OKAY.

AS FAR AS, UH, ONE, I, UH, I NEED TO CLARIFY, UH, I DID NOT STATE THAT, UH, I HAD, UH, CONFUSION AS TO, UH, REPURPOSED, UH, NOT ALREADY BEING INCLUDED.

WHAT I HAD ADVISED THE COMMITTEE LAST WEEK IS I WOULD CONDUCT RESEARCH ON THE WORD REPURPOSED TO SEE IF IT IS DEFINED ALTERNATELY THEN WHAT IS CURRENTLY IN THE CODE.

AND SO, UH, PLEASE DO NOT CHARACTERIZE MY EARLIER LEGAL OPINION AS STATING THAT, UH, I WAS NOT AWARE OR, UH, CONFUSED AS TO THOSE DEFINITIONS.

SECOND OF THE, UH, THE REASON I HAD ALSO ASKED FOR 48 AND EIGHT SIX TO BE TABLED LAST TIME WAS ALSO TO LOOK INTO WHETHER THE LEGAL DEFINITION OF RUBBISH WHEN WE DEFINE SOMETHING AS COMBUSTIBLE OR NOT COMBUSTIBLE WASTE, ARE THOSE CAPABLE OF BEING REPURPOSED.

AND THOSE TWO ARE INHERENTLY IN CONFLICT, UH, TO GIVE Y'ALL BACKGROUND IN.

AND, UH, I KNOW I, I KEEP BRINGING UP, UH, ALL THESE EXAMPLES, BUT IT'S FROM, UH, HAVING BEEN AN ATTORNEY FOR LAW ENFORCEMENT FOR 23 YEARS, SPECIFICALLY 16 HERE IN SAN ANTONIO, THE DEFINITION OF FISH WAS SPECIFICALLY ADDED WHEN THE SAN ANTONIO PROPERTY MAINTENANCE FOCUS DRAFTED IN RESPOND TO A MASSIVE FIRE OVER ON COMMERCE NEAR WEST SIDE DOWNTOWN RECYCLING FACILITY THAT HAD THESE ITEMS, SPECIFICALLY SODA CANS, SODA BOTTLES.

IT WAS A MASSIVE OF FIRE REQUIRED EVACUATION OF THE NEARBY SCHOOL, THE NEARBY.

AND AS A RESULT OF LITIGATION ARISING FROM THERE, THE RECOMMENDATION WAS TO ADD A LEGAL RUBBISH.

UH, THAT'S IT.

THANK YOU.

THANK YOU, MA'AM.

THE MOTION ON THE TABLE IS TO MAINTAIN THE 2018.

CAN I SAY SOMETHING REALLY QUICK? UM, I J I JUST WANNA, THERE IS NEW CONTENT.

GO AHEAD.

YES.

UM, WHY ARE THERE TWO DIFFERENT DEFINITIONS THAT ESSENTIALLY ARE THE SAME THING, LIKE RUBBISH AND GARBAGE? WHEN I, WHENEVER I THINK OF RUBBISH AND GARBAGE, I, I THINK THEY'RE ESSENTIALLY THE SAME THING.

UM, SO I'M JUST WONDERING WHY THE TWO ARE SPLIT WHEN IT COMES TO THE DEFINITION.

UM, MR. CHAIR, I, UH, CAN RESPOND UNLESS SOMEONE ELSE HAS, UH, THEIR HAND UP.

NO ONE HAS THEIR HAND UP, BUT SOMEONE WAS TRYING, BUT GO AHEAD.

SINCE YOU'RE READY TO RESPOND, PLEASE.

I, I WOULD PREFER TO HEAR FROM THE STAFF, UH, I, I'M SORRY, THE, THE COURT ENFORCEMENT OFFICIALS, BECAUSE

[00:45:01]

THEY'RE THE ONES INTERPRETING THE CODE OUT THERE.

COUNSEL, WILL YOU YIELD? UH, I MEAN, UH, CONTINUE AS THE DISTINCTION.

THERE IS A, UH, A LEGAL DISTINCTION BETWEEN RUBBISH AND GARBAGE.

UH, THEY WERE INITIALLY, UH, USED, UM, AS SYNONYMS WHEN WE FIRST STARTED THE, UH, THE USAGE OF RUBBISH BASED ON THE ENGLISH VERNACULAR THAT CALLS GARBAGE RUBBISH RATHER THAN GARBAGE.

THEN WE STARTED USING THE WORDS HERE IN THE US INTERCHANGEABLY.

BUT THEN THROUGH, UM, THE TIMEFRAME AS THE, UH, AMERICAN ENGLISH VERNACULAR HAS COME INTO EXISTENCE, GARBAGE IS CONSIDERED THOSE ITEMS THAT CAN BE PUT INTO A RECEPTACLE.

WHEREAS RUBBISH ARE ITEMS THAT HAVE THE POTENTIAL TO BE FLAMMABLE OR COMBUSTIBLE.

AND SO LEGALLY THERE'S A DISTINCTION BETWEEN RUBBISH AND GARBAGE, BUT IT ALL COMES FROM THE BEGINNINGS OF, UH, THE USAGE OF THE UNITED, UH, KINGDOM USE OF ENGLISH, AND ITS TRANSFER OVER TO THE AMERICAN, UH, CONTINENT.

AND THEN WE STARTED USING THE TERMS INTERCHANGEABLY.

UM, JUST AS A FOLLOW UP.

UM, I GET, I GET THAT THAT'S ILLEGAL, UM, YOU KNOW, DISCREPANCY.

UM, BUT WHAT ABOUT, UM, WHENEVER Y'ALL ARE DECIDING THE DIFFERENCE OUT IN THE FIELD, WHAT'S THE DIFFERENCE? UM, YEAH, THIS IS, I MEAN, THOMAS'S DEVELOPMENT SERVICES, SO BASED ON OUR CODE TODAY, THE WORD GARBAGE REFERS TO ANY FOOD WASTE AND THINGS LIKE THAT.

UH, VERSUS RUBBISH IS BASICALLY ANY MATERIAL THAT IS NOT INTENDED FOR THAT USE FOR THE OUTDOOR USE.

AND IT'S, IT COULD BE COMBUSTIBLE OR NON-COMBUSTIBLE.

I MEAN, I CAN READ THE DEFINITION IF YOU WANT, BUT IT'S, IT'S VERY CLEAR IN THE BOOK.

LET ME, LET ME GIVE YOU, UH, REAL QUICK PERSONAL DEFINITION.

GARBAGE IS HOUSEHOLD WASTE.

RUBBISH IS EVERYTHING EXCEPT HOUSEHOLD WASTE.

UH, AND IF YOU'VE GOT A DIFFERENT DEFINITION THAN ANY OF THAT.

OKAY.

THANK YOU FOR THE CLEAR ANSWER, .

THE MOTION ON THE TABLE IS TO MAINTAIN THE TWO 18 2018 TEXT, UH, AND HAS BEEN SECONDED.

ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE.

THOSE OPPOSED SAY NAY.

THANK YOU.

IF YOU WOULD DIRECT YOUR ATTENTION TO TWO, OH, EXCUSE ME, I THINK IT'S 1 0 0 4, 1 0 2 0.4 IS OUR NEXT ITEM APPROVED.

OH 4 1 0 2 0.4.

WAS IT APPROVED? IT HAS BEEN APPROVED, I'M SORRY.

UH, 1 0 4 0.1 ITEM 68, AND I'M LOST JUST A MINUTE.

IT LOOKS LIKE THERE WAS NO, UM, DECISION FOR 1 0 2 0.4.

ITEM 67 RIGHT HERE? YEAH.

ONE 2.67 IS THE NEXT ONE RIGHT HERE.

OKAY.

1 0 2, 1 0 2 0.4.

I I'M ACTUALLY ITEM 67 IS THE NEXT ONE.

YEAH, MY BAD.

THANK YOU, CHAIR.

BEFORE WE JUMP INTO ITEM 67, CAN WE LOOK AT ITEM 76, I THINK LAST DISCUSSION THERE WAS A QUESTION ABOUT, UM, THE AUTHORIZATIONS TO DISCONNECT UTILITIES.

AND WE WERE GONNA COME BACK WITH SOME INFORMATION REGARDING THE POLICY THAT WE HAVE IN PLACE, UH, THAT DIRECT STAFF TO CONTACT, UH, THE DEPARTMENT OF HUMAN SERVICES AND HUMAN NEIGHBORHOOD HOUSING AND SERVICES.

JUST A MOMENT.

I DON'T HAVE THAT IN MY NOTES.

JUST A MINUTE.

LET ME GET TO, TO WHERE I'M SUPPOSED TO BE.

PAGE THANK YOU.

THE FRONT OF THAT PAGE.

YEAH, I GOT THAT.

AND WHAT ITEM AGAIN, DANNY? WAS IT? ITEM NUMBER

[00:50:01]

76? 76.

76.

THAT MOTION DID PASS.

HE WAS JUST GONNA COME BACK WITH THE INFORMATION.

MR. CHAIR? YES, MA'AM.

UH, ITEM 76, UH, THE MOTION PASSED TO MAINTAIN, UH, THE CODE PROVISION UNDER 2018.

AND SO THEY VOTED ON, HOWEVER, UH, THE COMMITTEE HAD REQUESTED THAT, UH, CODE FOLLOW UP THIS WEEK WITH INFORMATION TO THEIR SS L P FOR DISCONNECTING UTILITY.

OKAY, VERY GOOD, DANNY, THEN WE'LL TURN IT TO YOU, .

I APOLOGIZE.

NO WORRIES.

JUDY, CAN WE GO? THERE YOU GO.

UH, MR. CHAIR, YOU HAVE QUESTIONS SPECIFIC? NO, I WRESTLED WITH IT AFTER WE LEFT HERE.

AND EVEN A DAY O ON THIS, UH, WHAT, WHAT I'M LOOKING AT, AND I GUESS WHAT WE ALL LOOKING AT HERE IS, YOU KNOW, CODE COMPLIANCE HERE, AND BECAUSE WE DON'T GO, UH, I WOULDN'T PASS IT, UH, OR VOTE FOR IT.

GO AND SHUT E EVERY WATER, ANY KIND OF UTILITY.

WHAT WE'RE DOING HERE IS, UH, WITH COAT ONLY, WE'RE ADDRESSING THE COAT.

I AM WHEN I MAKE MY DECISIONS.

UH, THERE'S OTHER, LIKE, YOU KNOW, SAWS HAS A PROGRAM, C P S HAS A PROGRAM FOR, YOU KNOW, I MEAN, PEOPLE LIKE ME THAT HAS C P S, YOU KNOW, I HAVEN'T PAID OR WHATEVER FOR WHATEVER REASON OR WHATEVER.

BUT THIS IS, UH, WHEN I LOOK AT SOMETHING LIKE THIS, THIS IS CODE COMPLIANCE ONLY.

UH, I DON'T MIX IT UP WITH SOMETHING ELSE.

IF OTHERS DO, YOU KNOW, THAT'S ANOTHER VISION, NOT ME.

THIS IS WHY I, YOU KNOW, THIS NON-PROFITS AND ALL THAT.

I SUPPORT 'EM.

I'M THERE WHEN I CAN, BUT I MEAN, THIS IS A DISTINCTION THERE.

THIS IS QUOTE ONLY THAT I THINK ABOUT.

OKAY, WHEN I'M HERE.

THANK YOU.

THANK YOU VERY MUCH.

DANNY, IF YOU WOULD, GO AHEAD, DANNY.

YES, SIR, I'LL START.

SO AGAIN, AS YOU GUYS MENTIONED THE VOTE, UM, OR THE PROPOSAL WAS NOT APPROVED LAST MEETING, UH, HOWEVER, WE WERE ASKED TO CIRCLE BACK WITH A COMMITTEE, UH, TO REVIEW OUR S O P OUR STANDARD OPERATING PROCEDURE IN PLACE.

SO WHAT YOU HAD BEFORE YOU IS, UH, UH, A SNIPPET FROM OUR STANDARD OPERATING PROCEDURE, UH, SIX 14, UH, CASE ESCALATION REPORTING PROCEDURES, SPECIFICALLY REGARDING THE UTILITY DISCONNECTION PROCESS.

AND SHORT OF WHAT THIS SAYS IS THAT WHENEVER THE STAFF, UM, FEELS THERE'S A NEED TO REQUEST A DISCONNECTION, WHETHER IT'S GAS OR ELECTRIC, UH, IT'S GOTTA BE VETTED THROUGH, UH, SUPERVISOR OR MANAGEMENT.

WE WANTED TO CLARIFY THAT, UH, SPECIFICALLY.

SO, UM, THERE'S NO QUESTION ON, UH, WHETHER IT'S THE OFFICER HIMSELF INITIATING, UM, AND PROCESSING THE, THE PROCESS, RIGHT? THERE'S, THERE'S A, I GUESS A CHECK AND BALANCE, IF YOU WILL.

IT'S, IT'S VETTED THROUGH, UH, THERE'S SUPERIORS AND, AND EVEN AT THAT POINT, UM, THERE'S ALWAYS, UM, IT'S ALWAYS VETTED AS WELL THROUGH OUR DEPUTY DIRECTOR, UH, OR TO THE BUILDING OFFICIAL FOR FINAL APPROVAL, UH, EVEN BEFORE IT GETS TO THE, THE PROCESS OF DISCONNECT.

SO I WANTED TO SHARE THIS WITH YOU.

UH, I DON'T, UNFORTUNATELY I DIDN'T BRING COPIES TO EVERYBODY, BUT AGAIN, IF ANYBODY WANTS A COPY, I CAN CERTAINLY EMAIL THE COMMITTEE, UH, A COPY.

UM, BUT AGAIN, FOR REVIEW, I JUST WANTED TO SHARE YOU, THIS IS ALREADY SPELLED OUT ON OUR S O P, THE NEXT SLIDE, PLEASE.

FURTHERMORE, THE PROPOSAL TALKED ABOUT, UM, THAT IT, IT WAS RECOMMENDING THAT THE CODE OFFICIAL, UH, NOTIFIES THE DEPARTMENT OF HUMAN SERVICE AT LEAST FIVE DAYS IN ADVANCE.

WELL, WE'RE READY TO DO THAT AS WELL.

THIS NEXT SLIDE SHOWS WHENEVER WE TALK ABOUT THE VACATE ORDER, SPECIFICALLY SPELLED OUT AGAIN, THE SAME SECTION 6 1 14, OR, UH, S O P.

UH, IT TALKS ABOUT, UM, WHEN WE RECOGNIZE THE DISTRESS PROPERTY OR DANGEROUS STRUCTURE OF WHETHER IT'S FOR UTILITY OR ELECTRICAL HAZARDS, WHETHER IT'S FOR, UH, INSANITARY CONDITIONS, UM, WE TALKED ABOUT THE LAST TIME, UH, USING ROD INFESTATION, WHETHER IT'S ROACHES, BEDBUGS, NUMBER OF DIFFERENT REASONS.

THERE ARE A NUMBER OF DIFFERENT REASONS, UM, THAT THE, THAT ARE, THAT ARE, THAT ALLOW FOR NOTICE TO VACATE BE IMPLEMENTED.

UH, CAN WE GO TO THE NEXT SLIDE? AND WHAT I WANTED TO SHARE HERE SPECIFICALLY IS A COUPLE OF THINGS I WANNA HIGHLIGHT.

ONE, UM, I BELIEVE THERE WAS A QUESTION ASKED, WELL, WHAT IF THERE IS SOMEBODY OCCUPYING THE PROPERTY WHO IS, UM, HAS A MEDICAL CONDITION? RIGHT? WELL, IT'S SPELLED OUT IN OUR S O P, WE WILL NOT DISCONNECT THE UTILITIES, RIGHT? I THINK MR. SHANNON GAVE AN EXAMPLE LAST WEEK, UM, THAT WE ENCOUNTERED SOMETHING LIKE THAT IN THE PAST.

AND, UH, WE WORKED THROUGH THAT PROCESS, BUT AGAIN, IT IS SPELLED OUT ON OUR

[00:55:01]

S O P THAT YOU WILL NOT DISCONNECT THE UTILITIES.

OKAY? SO I WANTED TO EMPHASIZE ON THAT AS WELL.

FURTHERMORE, IF YOU LOOK DOWN, DAN YES, SIR.

I'M SORRY TO INTERRUPT.

UH, UM, I MADE A SIMILAR AMENDMENT, UH, UH, ON THIS ISSUE BECAUSE I'M, I AM AWARE, UM, OF A SPECIFIC CASE WHERE, WHERE THE UTILITIES WERE, UH, UH, I GUESS, UH, ATTEMPTED TO BE DISCONNECTED WITHOUT NOTICE TO THE OCCUPANT.

UH, NOW THAT CASE IS IN LITIGATION, BUT I, YOU KNOW, UH, I THINK, UM, MS. RAI, UH, ASKED FOR SPECIFIC EXAMPLES.

I CAN GIVE YOU SPECIFIC EXAMPLES ON, ON THIS INSTANCE.

YOU, YOU STATED THAT WE'RE DOING IT ALREADY, THAT WE'RE PROVIDING NOTICE, BUT I AM AWARE THAT THERE WAS NO NOTICE PROVIDED.

THERE WERE NO HUMAN SERVICES, UH, UH, UH, OFFERED, AND NONE WAS STATED TO THE OCCUPANT OF THIS PREMISE.

ALRIGHT, I'LL, I'LL, IF I CAN, I'D LIKE TO FINISH MY PRESENTATION AND THEN I'LL DEFER TO LEGAL IF SHE WANTS TO ANSWER THAT QUESTION OR, UM, OKAY.

SO AGAIN, I JUST WANNA MAKE SURE THAT WE UNDERSTAND THAT IT IS CURRENTLY SPED OUT ON OUR PROCESS, RIGHT? THAT THE STAFF HAS TO, UM, LEAVE WHAT WE CALL COMMUNITY REFERENCE, REFERENCE GUIDE.

WE LEAVE IT WITH A HOMEOWNER, THE OCCUPANT, AND THE OWNER.

UH, THAT IS A GUIDE THAT'S IN PLACE THAT LISTS A NUMBER OF AGENCIES, UM, FOR ASSISTANCE IN RELOCATION, RIGHT? UH, WE ALSO MAKE REFERRALS TO THE DEPARTMENT OF HUMAN SERVICES, OR RATHER HEALTH SERVICES, OR EXCUSE ME, HUMAN SERVICES.

UM, AND WHETHER WE ATTEMPT BY PHONE CALL, BY EMAIL, UH, WE MAKE EVERY ATTEMPT POSSIBLE TO MAKE THAT SURE THAT THAT CONNECT, THAT CONTACT IS MADE.

UH, ADDITIONALLY, WE ALSO ENGAGE THE DEPARTMENT OF NEIGHBORHOOD HOUSING AND SERVICES.

AND, UM, IF AND WHEN OFTEN WE, WE NEED TO ENGAGE THE S A P D CRISIS TEAM, UH, WE'VE HAD TO BRING 'EM ALONG TO A COUPLE INSPECTIONS IN THE PAST.

AND SO THOSE ARE RESOURCES AT OUR DISPOSAL AS CODE ENFORCEMENT.

I JUST WANTED TO MAKE SURE, THIS IS ALREADY, UM, A PROCESS THAT'S SPELLED OUT ON OUR S SOPS.

I JUST WANTED TO SHARE THAT WITH THE COMMITTEE.

THANK YOU.

WHAT WE'RE ASKING IS, IS WHAT YOU ARE ALREADY DOING FOR US TO CODIFY THIS BECAUSE WE ARE AWARE, OR I AM AWARE OF A SPECIFIC INSTANCE, AND, AND I'M SURE THAT IS NOT THE ONLY INSTANCE OUT THERE.

AND, AND IF WE CODIFY IT, THEN NO PROBLEM.

WE COVER OURSELVES.

UH, WE COVER, UH, THE CITY AND PROTECT THE CITY FROM ANY FURTHER LITIGATION.

UM, I'M SO SORRY.

I, I KNOW THAT LAST WEEK WHEN MIKE WAS HERE, UM, HE MENTIONED SOMETHING ABOUT DISCUSSING HOW WE CAN LIKE BETTER OFF THE S O P.

UM, I, I HAVEN'T RECEIVED ANY FOLLOW UP FROM THAT, AND I, I JUST WANNA KNOW IF THAT'S SOMETHING WE CAN DISCUSS EITHER NOW OR AFTERWARDS.

UM, AND THEN ALSO, IS THERE ANY WAY THAT, UH, LIKE REGULAR PEOPLE CAN ACCESS THE S O P OR IS THAT JUST SOMETHING, UH, AVAILABLE TO THE CODE OFFICERS? THIS IS AMIN THOMAS.

SO DEFINITELY THAT'S THE REASON WHY DANNY'S DOING THE PRESENTATION, IS TO EXPLAIN A LITTLE BIT ABOUT THE SS O P THAT WE HAVE TODAY.

AND AS HE MENTIONED, HE IS WILLING AND HE WILL EMAIL IT TO YOU GUYS SO YOU CAN REVIEW IT.

IF THERE'S ANY COMMENTS, WE CAN DEFINITELY MEET SOPS ARE POLICIES, SO THEY'RE NOT CODE, BUT THEY'RE POLICIES.

AND WE ARE, WE WILL DEFINITELY WILL WORK WITH YOU ON MAKING IT BETTER, I GUESS.

THANK YOU THAT, THAT WAS JUST A FOLLOW UP TO WHAT MIKE HAD SAID LAST WEEK.

UM, IF ANYTHING, UH, I'LL PROBABLY FOLLOW UP.

THANK YOU.

YEAH, ABSOLUTELY.

AND I GUESS, RAY, JUST TO, UM, TALK ABOUT, YOU SAID YOU HAVE A SPECIFIC, UM, AFTER THIS MEETING, I WOULD LIKE TO TAKE THAT ADDRESS AND WE WILL DO RESEARCH AND FIGURE OUT WHAT HAPPENS THERE.

'CAUSE AGAIN, WE DO HAVE OUR POLICY NOW, IF SOMEBODY MISSED THAT POLICY, I WANNA KNOW ABOUT IT AND WE WILL TAKE APPROPRIATE ACTION.

THANK YOU.

I DIRECT YOUR ATTENTION TO 1 0 2 0.4 ITEMS, NUMBER 25 AND 67.

ON JUNE THE 24TH, THE COMMITTEE, UH, PASSED A, UH, MOTION CHAIR TO ENTERTAIN A MOTION ON ITEMS NUMBER 25 AND 67 25 APPROVED.

UH, 2025 WAS APPROVED.

YES, BUT 25 AND OKAY, THEN YOU'RE CORRECT, 25 IS APPROVED.

CHAIR WOULD ENTERTAIN A MOTION ON ITEM 67, MR. CHAIR, THIS IS FRED ENDS UNDER SA P M C, SECTION 1 0 2 0.4, UH, ITEM 67.

I MOVE THAT WE KEEP THE CURRENT, UH, 2018 VERSION AS WRITTEN.

THE, OKAY, JUST TO COMMENT, UH, MOTIONS MADE TO

[01:00:01]

MAINTAIN THE 2018 BY MR. ANDERSON.

SECOND, MR. GUPTA, IN JUNE THE 24TH, WE ACCEPTED A SLIGHT CHANGE TO THE 2018 COPY QUESTION.

THAT'S RIGHT.

WE DID, UM, I AMEND IT TO THE EXISTING UNDER ITEM 25, THE SAME, UM, 4 67, YOUR MOTION IS TO MAINTAIN THE, THE COPY AS APPROVED IN THE RIGHT COLUMN.

MY MOTION ON JUNE THE 24TH IN THE RIGHT COLUMN.

DO I HAVE A SECOND? YES, MR. GPA, SECOND MS DISCUSSION.

UH, FRIENDLY AMENDMENT.

FRIENDLY AMENDMENT.

GO AHEAD.

WE, WE ALREADY, UM, HAVE DONE IT IN OTHER AREAS, BUT EXCHANGING ABATEMENT FOR DEMOLITION WOULD BE MY FRIENDLY AMENDMENT.

THE FRIENDLY AMENDMENT IS TO CHANGE, UH, THE, OR ACTUALLY USE THE WORD ABATEMENT IN LIEU OF DEMOLITION.

AND WE'VE DONE THAT IN OTHER ITEMS. SO YOU'RE, YOU'RE WANTING TO CHANGE ONLY IN 67 ABATEMENT FOR THE WORD DEMOLITION.

I THINK WHAT SHE'S SAYING IS THAT SHE WANTS TO CHANGE THE ONE THAT YOU HAD MOTION TO KEEP, UM, INSTEAD OF DEMOLITION, CHANGE IT TO THE WORD ABATEMENT AS WE'VE DONE IN OTHER AMENDMENTS TO ABATEMENT 65.

WELL THEN IT'S NOT KEEPING IT THE SAME AS ITEM 25.

NO, NO, IT WOULD NOT.

THAT'S WHAT I'M SAYING.

SO I HAVE A QUESTION FOR THE MAKER.

WAIT A MINUTE.

LET'S LET HIM FINISH HIS REVIEW.

AND THAT'S WHY I ASKED THAT BECAUSE YOU'RE ONLY CHANGING THAT ONE WORD.

SO THAT'S WHY I ASKED.

THAT ALSO MEANS YOU'RE CHANGING ITEM 25.

YES.

BUT ITEM 20 FIVE'S ALREADY BEEN VOTED ON.

YES.

NO, I'M JUST SAYING THAT'S, I UNDERSTAND.

THAT'S WHY I ASKED THAT.

OKAY.

BECAUSE YOU'RE CHANGING ONE BUT NOT THE OTHER.

EXACTLY.

HER FRIENDLY MOTION.

WELL, I'LL LET HER SPEAK FOR A FRIENDLY MOTION BECAUSE , THAT, THAT'S WHY I'M ASKING YOU THAT BECAUSE IT CHANGES EVA.

THANK YOU.

AND MR. UH, CHAIRMAN, WAIT JUST A MINUTE.

LEMME FINISH CLARIFY MOTION, SIR.

OKAY, SO I AM SUGGESTING THAT WE EXCHANGE THE WORD DEMOLITION FOR ABATEMENT.

I GUESS IT'S GOING TO BE TWICE IN BOTH ITEMS. 25 AND 67.

WELL, IT'S THE SAME ITEM.

I KNOW.

IT, IT'S, IT'S NOT THE SAME ITEM, IT'S THE SAME TEXT.

YES.

OKAY.

SO THE FRIENDLY MOTION IS TO CHANGE THE WORDING OF DEMOLITION TO ABATEMENT FOR ITEMS 25 AND 67 AS A FRIENDLY METHOD.

AND THAT'S WHY I'M ASKING 20 FIVE'S ALREADY BEEN APPROVED, SO YOU CAN'T CHANGE, RIGHT? THAT'S RIGHT.

IT'S BEEN APPROVED.

RIGHT? SOMETHING THAT'S ALREADY BEEN APPROVED, YOU CAN CHANGE IT IF YOU JUST MAKE A MOTION TO CHANGE IT.

NO, NO, YOU CANNOT.

I HAVE, IF YOU DIDN'T BRING ITEM 25 TO THE BOARD, YOU BROUGHT, YOU WOULD HAVE TO RESCIND THE VOTE ON 25 AND HAVE A NEW MOTION ON 25.

SO THAT IS, THAT IS THE CORRECT PROCEDURE.

THAT'S WHAT I'M SAYING.

SO IT, RIGHT NOW SHE'S ASKING FOR ITEM 67 TO BE CHANGED THE WORD, WHICH MEANS I CHANGED THE WORD DEMOLITION TO ABATEMENT ONLY IN ITEM 67.

I AGREE.

UNTIL SOMEBODY PROPOSES FOR ITEM 25.

OKAY.

STOP.

I UNDERSTAND WHAT YOU'RE SAYING.

MR. ZUNIGA, YOU HAD A COMMENT, OKAY, KAYLA? YES.

AN ABATEMENT? YES.

AND WHAT DO YOU MEAN ABATEMENT? WELL, IT, AS IT HAS BEEN POINTED OUT LIKE A THOUSAND TIMES DURING THIS ENTIRE PROCESS, THE SS A P M C DOESN'T DEMOLISH.

OKAY.

UH, DOES THIS, UH, INVOLVE OR TAKE CARE OR DIRECT OR ADDRESS EMERGENCY DEMOLITION? ISN'T THAT UNDER CHAPTER SIX AND NOT THE S E P? HUH? THE, THE ANSWER TO YOUR QUESTION IS YES, IT DOES.

OKAY.

LEMME 'CAUSE WE'VE, WE'VE DISCUSSED THAT IN PRIOR, UH, CODES AND IN PRIOR, UH, YEAH.

WELL, I WAS IN HERE.

OKAY.

YEAH.

CAN I, CAN I, UH, AND

[01:05:01]

I'M DAMN SURE WOULDN'T HAVE BEEN HERE.

THAT'S WHAT DAN SAYING.

OKAY.

UH, STAFF, UH, JEANIE, UH, WHAT STAFF? I'M SORRY.

NO, NO.

OKAY.

I'M, I'M SORRY.

WILL YOU REPEAT THE QUESTION? WE HEAR IT FROM JEANIE SO MUCH.

WAS THIS COMPARED TO THE EMERGENCY DEMOLITION? IT'S WORTH IT.

EMERGENCY DEMOLITIONS.

THE, THE, ARE COVERED IN THE CHAPTER SIX, THE PROVISION.

UM, SO TO ANSWER YOUR QUESTION, NO.

UM, THE P M C DOES NOT ADDRESS THE EMERGENCY DEMOLITION PROCESS.

IT'S NOT ADDRESSED OR IS NOT, I GUESS, ENFORCED UNDER THE S A P M C TO BE EVADED.

OKAY.

TO BE EVADED.

DOESN'T, EMERGENCY DEMOLITION DOESN'T COVER THAT.

I'M NOT SURE I UNDERSTAND THE QUESTION.

CAN YOU REPEAT IT? JUST MAYBE AS I CAN? IT'S MAKE SENSE OF IT.

I'M SORRY.

OKAY.

NO PAGE AON .

OKAY.

UH, MR. YOU, YOU WANT TO CHANGE NUMBER 25? YOU WOULD CALL FOR THE VOTE? NO.

NO, I DIDN'T, I DIDN'T ASK FOR THAT YET.

BUT WE WILL JUST MOMENT COUNSEL, YOU HAVE A COMMENT AS TO, UH, CLARIFY ITEM 25.

THE, UH, ALL, ALL IS THE ONLY REASON FOR THIS CODE PROVISION IS TO SAY THAT THE SAMHSA DOES NOT OVERRIDE EXISTING CASE AS IT RELATES TO STRUCTURES, DANGEROUS STRUCTURES, WHICH ARE IN CHAPTER SIX, THE LANGUAGE THAT WAS APPROVED ON JUNE 24TH, RESTATE EXACTLY WHAT IS IN CHAPTER SIX.

IT'S REDUNDANT, BUT THE COMMITTEE, UH, DECIDED TO GO AHEAD AND, UH, PUT IT IN THERE.

SO THAT HAS ALREADY PASSED.

UH, AS FAR AS, UH, SO RIGHT NOW THE, THE MOTION ON THE TABLE IS TO, UH, SO THE MOTION ON THE TABLE LEAVE IS REGARDING 67 AND THE CHANGE TO THE LANGUAGE THERE, UM, I, I DID NOT HEAR, UH, UM, CONSENT TO THE FRIENDLY MOTION.

SO, AS SUCH, THE AMENDMENT ON THE TABLE, I MEAN, I'M SORRY, THE MOTION ON THE TABLE, AS I UNDERSTAND MR. ANDES IS ON ITEM NUMBER SEVEN TO MAINTAIN THE 20.

THE, THAT WAS ADOPTED JUNE 24TH.

AND MR, AND CORRECT ME IF I'M WRONG ABOUT THAT, UH, IF THAT IS CORRECT, NEEDS, IF THE FRIENDLY AMENDMENT WAS NOT ACCEPTED, THAT IS THE MOTION TO BE VOTED ON, UP OR DOWN.

IF IT'S VOTED DOWN, THEN UH, WE CAN GO IN THE NEXT MOTION AT THAT TIME.

'CAUSE WE WERE AT THAT TIME, RIGHT, BECAUSE WE WERE CLARIFYING THAT.

NOW, IF IT'S ONLY ON 67, THEN I WITHDRAW THE MOTION AND, AND OFFER THE A MOTION.

UM, THE MOTION FOR SECTION 1 0 2 0.4, UH, ITEM 67, TO ADOPT THE 2021 VERSION AS WRITTEN, I, I AM, UM, WITHDRAW MY FIRST MOTION TO MAKE THE MOTION FOR SECTION 1 0 2 0.4, ITEM 67 TO ADOPT THE 2021 VERSION AS WRITTEN, BECAUSE IT DOES USE THE WORD ABATEMENT IN THERE.

OKAY?

[01:10:04]

I'M SORRY.

IT DOES NOT, UH, MR. CHAIR, THE MOTION WAS SECONDED RIGHT HERE.

UH, CANNOT BE WITHDRAWN.

IT NEEDS TO BE VOTED UP AND DOWN.

AND THEN IF A NEW MOTION ENDED AFTER THE CURRENT MOTION ON THE TABLE IS VOTED UP OR DOWN, THE SECOND AMENDED CAN BE PROVIDED.

YOU'RE SAYING, BECAUSE WE HAVE A MOTION AND A SECOND, WE NEED TO VOTE ON THAT MOTION.

IS THAT RIGHT, COUNSEL? YES.

BECAUSE YOU HAVE A MOTION AND A SECOND AND A REFUSAL, UH, UH, UH, NON-CONSENT TO THE FRIENDLY AMENDMENT OF THIS HAS TO BE VOTED UP OR DOWN FIRST.

SHOULD I COMMENT? CHAIR? CHAIR, COMMENT A COMMENT.

GO AHEAD.

SO I JUST WANNA MAKE SURE BEFORE WE GO ON, ON THE VOTE, SO JUNE 24TH, WE HAD A LOT OF DISCUSSION ABOUT THIS, AND I KNOW ONE OF THE MAIN ISSUES WAS THE COMMITTEE WANTED US TO MAKE SURE DEMOLITION IS THE LAST RESORT.

SO IF YOU'RE GONNA CHANGE THE WORD DEMOLITION TO ABATEMENT, ARE YOU GONNA KEEP THAT LAST STATEMENT WHERE YOU SAID DEMOLITION IS THE LAST RESORT RESORT, IS IT GONNA BE ABATEMENT THE LAST RESORT? BECAUSE ABATEMENT IS NOT THE LAST RESORT.

WE DO A LOT OF ABATEMENTS ALL THE TIME, BUT WE DO NOT DO DEMOLITION TILL THE LAST RESORT.

SO I JUST WANNA MAKE SURE WHEN YOU CHANGE IT, ARE YOU KEEPING THAT LAST STATEMENT THAT YOU APPROVED ON JUNE 24TH? LET ME SET ASIDE THE MOTION FIRST, OR AT LEAST GET THE MOTION TAKEN CARE OF ON THE TABLE CHAIR.

UH, GO AHEAD.

I, I THINK THE CONCERN WAS RAISED, UH, AND, AND SAVITA CAN, CAN COMMENT ON THIS, UH, THAT, UM, DEMOLITION, UH, IS NOT THE RIGHT, UH, PHRASEOLOGY HERE.

AND, UH, UH, LET ME INTERRUPT YOU FOR JUST A MINUTE.

LET ME, LEMME DISPOSE OF THE MOTION IF I MAY PLEASE.

MOTION, UH, NO, NO.

WE'VE GOT ONE MOTION.

THE MOTION ON THE TABLE WAS TO MAINTAIN THE, THE TEXT AS WRITTEN FROM THE APPROVAL OF JUNE, THE 21ST OF 24TH, AND THE MOTION WAS SECONDED.

ALL IN FAVOR OF THAT MOTION.

THIS IS FOR ITEM NUMBER 67.

UH, ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE.

AYE.

AYE.

THREE AYES.

FOUR AYES.

NO, THREE.

UH, THOSE OPPOSED SAY NAY.

THAT MEANS WE HAVE THREE ABSTENTIONS COUNCIL WITH THREE ABSTENTIONS AND, AND THREE AYES.

DOES A MOTION CARRY VOTE DOWN? NO, THE MOTION FAILS.

IT DOES NOT HAVE A MAJORITY.

THANK YOU.

NOW THEN I'M GONNA ALLOW RAY TO MAKE A COMMENT NOW, EVEN THOUGH THE MOTION IS NOT ON THE TABLE, MAKE IT QUICK.

PERFECT.

UM, SO, SO, UH, THE QUESTION IS WHETHER TO USE THE, UH, DEMOLITION OR ABATEMENT.

AND WE HAVE BEEN, UH, INSTRUCTED, UH, THAT, UH, THE CITY DOES NOT DO DEMOLITIONS, UH, OVER S A P M C.

UH, SO, UH, YOU KNOW, UH, UH, MAYBE THE CORRECT PHRASEOLOGY IS ABATEMENT HERE.

AND, UH, I THINK THAT'S WHAT I HAD HEARD FROM COUNSEL IN THE PAST.

UH, YOU DID HEAR FROM COUNSEL IN THE PAST THAT ABATEMENT AND, UH, DEMOLITION WERE INTERCHANGEABLE, BUT, UH, AMIN MAKES A VERY GOOD POINT IN THIS PARTICULAR, IN THIS CASE ONLY.

AND THAT IS DEMOLITION BEING THE LAST RESORT VERSUS, UH, ABATEMENT IS NOT NECESSARILY THE LAST RESORT UH, SO, MR. CHAIR, GO AHEAD, COUNSEL.

UH, I , I I NEED TO CLARIFY, UH, THE TWO STATEMENTS.

UH, I, I NEVER HAD ABATEMENT AND DEMOLITION ARE INTERCHANGEABLE.

THEY HAVE COMPLETELY DIFFERENT MEANINGS.

UH, AMENT CAN BE CONDUCTED A VARIETY OF MEANS.

REPAIR, DEMOLITION, UM, CURING, LACK OF WEATHER, ET CETERA.

DEMOLITION IS COMPLETELY DIFFERENT.

SO, UH, THEY ARE NOT INTERCHANGEABLE.

MY ON 1 0 2 0.4 SIMPLY STATES THAT SAMHSA DOES NOT OVERRIDE.

CHAPTER SIX.

CHAPTER SIX HAS EXCLUSIVE JURISDICTION OVER DANGEROUS STRUCTURES.

UH, THAT, THAT'S ALL IT'S SAYING.

SO, UH, THE REASON THE LANGUAGE DEMOLITION AND REMOVAL SHALL BE

[01:15:01]

REGARDED AS A CLASS RESORT WAS PASSED ON JUNE 24TH, IS BECAUSE IT'S SIMPLY REPEATING THE EXACT LANGUAGE IN CHAPTER SIX.

MY APOLOGIES, COUNSEL, FOR PUTTING WORDS IN YOUR MOUTH.

I DID NOT INTEND TO DO THAT, BUT YOU ARE ABSOLUTELY CORRECT ON THAT.

CHAIR WILL ENTERTAIN A MOTION FOR ITEM NUMBER 67.

WAIT FOR SOMEBODY WELL CHAIR.

WE DON'T HAVE CORUM.

WE HAVE TO CORRECT.

UH, WE, JUST SO EVERYONE UNDERSTANDS, WE DO NOT HAVE A QUORUM AT THE PRESENT TIME.

UH, SO WE WILL WAIT FOR A QUORUM TO REASSEMBLE AND IN FACT, HEY, DE HONOR, GIVE FIVE MINUTES BREAK.

WE'RE GOING TO RECESS FOUR, FIVE MINUTES.

THE TIME IS NOW 2 55.

WE'LL READ ADJOURN AT THREE O'CLOCK, BUT WE'RE AN HOUR LATE ALREADY.

I GOTTA GET MY HAIR DONE.

WELL, SINCE THE CHAIR CALLED A FIVE MINUTE RECESS, AND IT IS NOW SEVEN MINUTES PAST THE TIME IS 3 0 2, AND WE'RE GONNA RECONVENE AND WE HAVE A CHAIR WOULD ENTERTAIN A MOTION, UH, FOR ITEM NUMBER 67, WHICH IS IN S A P M C CODE 1 0 2 0.4, THE TEXT OF THAT FOR ITEM NUMBER.

UH, SO I HAVE A MOTION, UM, I MOTION THAT WE ADOPT THE TEXT APPROVED ON 6 24 FOR ITEM NUMBER 67.

ITEM NUMBER 25.

YEAH.

YEAH.

BUT THAT, THAT, THAT WAS ALREADY SHOT DOWN.

SO WOULDN'T WE ADOPT THIS LANGUAGE FOR ITEM NUMBER SEVEN, THAT LANGUAGE? MM-HMM.

, THERE'S NO LANGUAGE FOR ITEM 67.

YEAH, THAT'S WHAT I SAID.

YEAH, SHE, SHE SAID THE MOTION CORRECTLY.

THE CHAIR UNDERSTANDS THE MOTION CORRECTLY.

UH, IT IS TO ADOPT THE LANGUAGE, UH, AS APPROVED FOR ITEM NUMBER 25 ON JUNE THE 24TH FOR ITEM NUMBER 67.

MM-HMM.

, I SECOND.

AND MR. ANDES SECOND DISCUSSION.

ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE.

AYE.

THOSE OPPOSED SAY NAYYY.

IT DOES CARRY UNANIMOUSLY.

CHAIR DIRECTS YOU TO 1 0 4 0.1.

YES, SIR.

I MOVE.

THE MOTION IS TO MAINTAIN THE TEXT FROM 2018 FOR SS A P M C, UH, 1 0 4 0.1.

I SECOND MR. GUPTA MOTION.

AND MR. ANDIS SECOND DISCUSSION? YES, GO AHEAD.

SO, WHAT YOU'RE SAYING HERE IS THAT THE COURT OFFICIAL WILL ADOPT POLICIES AND PROCEDURES ABOVE AND BEYOND WHAT CITY COUNCIL RECOMMENDS.

IS THAT CORRECT? THAT IS CORRECT.

COUNCIL, HE'S, HE'S ACTUALLY SAYING TO, TO NOT RECOMMEND.

HE IS, UH, SAYING THAT THE, THEY WILL ADOPT POLICIES AND PROCEDURES 'CAUSE WE'RE MAINTAINING THE 2018 TEXT.

OKAY.

OKAY.

THE MOTION IS TO MAINTAIN THE 2018 TEXT FOR 1 0 4 0.1.

ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE.

THOSE OPPOSED, SAY NAYYY.

THE MOTION CARRIES.

SHERRY DIRECTS YOUR ATTENTION TO

[01:20:01]

1 0 9 0.2, WHICH IS THE BOTTOM OF THE PAGE, UH, AND IT'S THE BOTTOM OF THE LAST PAGE.

AND COUNSEL, WE WANT, UH, YOU'RE FOCUSED ON THAT SPECIFICALLY BECAUSE THESE ARE ISSUES DEALING WITH THE CITY'S STANDARD OF PROVIDING, UH, THE ABILITY TO APPEAL.

IF YOU WOULD PLEASE READ ITEM NUMBER 79 AND ITEM NUMBER 80.

UH, ACTUALLY LET'S LOOK AT ITEM NUMBER 79 EXCLUSIVELY, BECAUSE THE TEXT IS DIFFERENT THAN ITEM NUMBER 80.

SO CONCENTRATE ON ITEM 79 ONLY, PLEASE.

YES, SIR.

MR. GUPTA.

MOVE THAT SECOND.

THE, THE LANGUAGE AS PROPOSED FOR SECTION 1 0 9 0.2 TO BE ADOPTED IS AT THE MOTION, SIR.

AND SECOND BY MR. ZIKA DISCUSSION.

AND JUST A REAL QUICK COMMENT, THIS WOULD BE A NEW SECTION IN THE CODE.

THE MOTION IS TO ADOPT THE RECOMMENDED LANGUAGE FOR SECTION 1 0 9 0.2, A NEW ITEM IN THE CODE, AND THE MOTION HAS BEEN SECONDED.

ALL IN FAVOR OF THE MOTION, SAY AYE.

AYE, MR. CHAIR.

COUNSEL, GO AHEAD.

UH, I'D LIKE TO ASK, UH, WHO EVER PROPOSED THIS? IS THERE AN EXPLANATION AS TO, UH, THE REASON FOR ADDING THIS? DID ANY OF OUR GROUP HERE MAKE THIS PROPOSAL? COUNCIL NO ONE IN THE ROOM HAS MADE THIS PROPOSAL, SO WE DON'T HAVE CLARIFICATION ON IT.

I, I THINK IT'S FINE TO PUT IN, UH, THAT, UH, IT'S JUST REPEATING THE ABILITY TO APPEAL ANY NOTICE UNDER SAMHSA B SS B, BUT, UH, THE WORDS ANY AFFECTED PERSON SHALL THERE THEREAFTER UPON TION THAT IS, UH, ENTERING IN TWO ELEMENTS THAT DO NOT EXIST IN THE, UH, PROPERTY MAINTENANCE CODE, NOR UNDER THE LAW.

AS TO APPEALS SPECIFICALLY, ANY AFFECTED PERSON DOES NOT HAVE THE RIGHT TO APPEAL.

IT WOULD BE, UH, THE OWNER OR TENANT, THE LANGUAGE AND EFFECTIVE PERSON.

UH, THAT IS LANGUAGE BEING, UH, PARALLELED.

UH, STATE STATUTE TWO 11 FOR BO O A DECISION, AND B O A, ANY PERSON AFFECTED CAN APPEAL.

HOWEVER, UNDER TWO 14, WHICH CONFIRMS B S B ONLY AN OWNER LAND, UH, OWN LIEN HOLDER CAN APPEAL S B DECISION.

SO THAT, UH, UH, VIOLATES, UH, THE STATE STATUTE TWO 14 ON THAT POINT.

SECOND, THEY, WHOEVER PROPOSES ALSO INSERT ION.

AGAIN, THAT, WHICH, THAT PARALLELS TWO 11 AND TWO 14 SAMHSA APPEALS, UH, DO NOT REQUIRE A PETITION.

SO, I, UH,

[01:25:02]

LEGALLY THE SECOND SENTENCE IS NOT A COUNSELORS HAS INDICATED THAT THE SECOND SENTENCE IN THIS RECOMMENDATION, UH, WOULD NOT BE APPROPRIATE, UH, BECAUSE OF ANY AFFECTED PERSON, IT GIVES THE UNIVERSE A CHANCE TO APPEAL, AND THE CODE DOES NOT GIVE ANY AFFECTED PERSON THE CHANCE TO APPEAL.

UH, HOWEVER, COUNSEL, UH, IF YOU READ THIS AS ANY PERSON ORDERED TO TAKE EMERGENCY MEASURES SHALL COMPLY WITH SUCH ORDERS, PERIOD.

THEY ALSO HAVE AN OPPORTUNITY FOR A HEARING.

YES, IT WOULD BE, UH, UH, IF THE INTENT IS TO SPECIFY ONLY AS TO EMERGENCY MEASURES, WHICH WITHOUT KNOWING A BACKGROUND, I'M ASSUMING IT'S RELATED TO NOTICE THE VACATE, THEN, UH, IT WOULD BE BETTER WRITTEN THAT, UH, THE, UH, UH, AN ORDER TO UNDERTAKE ER EMERGENCY MEASURES MAY BE APPEALED TO THE BUILDING STANDARDS OR, OR WORDS TO THAT EFFECT.

CHAIRMAN? YES, SIR.

MR. GUTTA? I JUST CHANGE THE WORD FROM ANY, UH, I DON'T KNOW IF THAT ACCOUNT SAME THING.

YEAH.

WHAT IF THE OWNER'S NOT AN OCCUPANT? YEAH, OWNER SLASH OCCUPANT.

UH, YOU CAN, YOU CAN PLAY WITH WORD OWNER, BUT I'M NOT SURE YOU CAN PLAY WITH THE OCCUPANT AT ALL BECAUSE GENERALLY SPEAKING, THE OCCUPANT PROBABLY DOES NOT HAVE THAT.

RIGHT.

'CAUSE IF YOU'RE LOOKING AT AN APARTMENT COMPLEX AND OR A HOUSING, MULTIPLE HOUSING UNIT, UH, I DO HAVE, UH, A RECOMMENDATION IF THE COMMITTEE, UH, VOTES IS WANTING TO ADD THIS PER PROVISION, THEN UH, IT SHOULD JUST SIMPLY STATE, UH, THAT, UH, AN AN AND WITHOUT.

OKAY.

UH, IF THE PERSON WHO PROPOSES COULD JUST PLEASE EXPLAIN EXACTLY WHICH I, IF IT IS FOR NOTICE TO VACATE.

AND IF I RECALL, UM, I, I DON'T THINK THE PERSON THAT PROPOSES IS HERE.

AND I DO WANNA MENTION, I I BELIEVE YOU ALL HAD ALREADY VOTED.

IS THERE A WAY THAT YOU GUYS NEED TO, LIKE, RESCIND THAT OR ANYTHING BEFORE, UM, CONTINUING THIS DISCUSSION? SHE ACTUALLY WAS REFERRING TO MR. GUPTA'S COMMENT THAT HE NEEDS TO CLARIFY WHAT HE'S TRYING TO SAY.

I THINK THAT THE DISCUSSION IS ON ANY AFFECTED PERSON, AND I WOULD SUGGEST THAT WE USE EITHER OWNER OR TENANT OR OCCUPANT FOR THAT.

UH, CAN I GET CLARIFICATION, UH, FOR LEGAL, FROM LEGAL, UM, WHEN A PERSON IS ORDERED TO TAKE EMERGENCY MEASURES, UH, WOULDN'T THAT ORDER ALREADY GO TO THE OWNER, UH, LIEN HOLDER OR OCCUPANT? YES.

SEE, WELL, THE ORDER IS ISSUED YES TO, UH, EITHER ONE OF THOSE THREE.

NOW, UM, OKAY.

IN MY NOTE FROM WHAT WAS SUBMITTED AND PUT ON, I HAVE THAT THIS IS, UH, RAY'S.

SO, UH, RAY, ARE YOU ABLE TO EXPAND ON THIS UNI? REPEAT THAT AGAIN, PLEASE, MA'AM.

IN, UH, MY NOTES FOLLOWING, UH, THE RECEIPT OF ALL THE AS OF JULY, UH, I HAVE TO THIS, UH, .

RAY, YOU'RE CUTTING IN AND OUT A LOT.

SAVITA, YOU ARE BREAKING UP.

BUT I THINK WHAT SHE'S

[01:30:01]

TRYING TO SAY IS SHE BELIEVES RAY, UH, SUBMITTED THIS COMMENT OR, UH, THAT I DID, I I HEARD RAYLEY AND I THOUGHT, THAT DOESN'T CONCERN ME.

UH, I DON'T RECALL MAKING THIS, UH, UH, UH, PROPOSAL.

AND, UM, YEAH, IT, UM, WOULD IT CHANGE ANYTHING THAT I'M, FOR IT ? UM, WOULD IT HELP IF INSTEAD OF, UH, SAYING ANY AFFECTED PERSON, WE SAY OWNER LEASE OR LEASEHOLDER, OR ANY AFFECTED OWNER OR LEASEHOLDER, I DON'T BELIEVE YOU CAN SAY LEASEHOLDER BECAUSE BY LAW, THE ONLY ONES THAT CAN ACT IN THE INTEREST OF THE PROPERTY WOULD BE THE HOMEOWNER AND AGENT.

A LEASE HOLDER IS EXACTLY THAT, A LEASE HOLDER.

SO I BELIEVE IF WE PUT OWNER OR AGENT BECAUSE A LEASE HOLDER COMES AND GOES, AND YOU'RE GIVEN PEOPLE MORE RIGHTS THAN THE ACTUAL OWNER MAY HAVE IN THAT CASE.

YES, FRED? I, I, I AGREE WITH THAT STATEMENT.

UH, AND, AND I THINK THE ISSUE IS, UH, THAT ANY AFFECTED PERSON IS, UH, VERY GENERAL AND VERY BROAD, AND WE DON'T WANNA EXPAND THAT, UH, UH, I GUESS LIABILITY OR WHATEVER.

UH, AND, UH, UH, MR. GUPTA MADE A, A GOOD RECOMMENDATION.

I I WOULD SUPPORT THAT.

UH, OF COURSE, I DON'T GET TO VOTE, UH, OWNER OR OCCUPANT.

WELL, AGAIN, OCCUPANT WOULD REFER SOMEBODY LEASING THE PROPERTY.

SO YOU CAN'T SAY OCCUPANT BECAUSE IF YOU'RE USING AN APARTMENT COMPLEX, THEN ANYBODY IN THE APARTMENT UNDER THE LEASE COULD FALL INTO THIS.

SO IF YOU'RE GOING TO, TO USE THE TERMS THAT WE'VE USED OR SEEN IN THE CODES ALREADY, IT LIKE THE PERSON COMING TO IN FRONT OF THE BOARD WHERE IT SAYS OWNER OR AGENT REPRESENTING THE OWNER LIKE THAT.

BUT WHEN YOU'RE USING IT IN THE TERM, ANY PERSON OR ANY OCCUPANT, AND YOU HAVE FOUR PEOPLE ON A LEASE, THEN ANY ONE OF THOSE COULD ACTUALLY TAKE MEASURES OTHER THAN THE HOMEOWNER CHAIRMAN.

WHAT ABOUT RESPONSIBLE, MR. CHAIRMAN? OKAY, GO AHEAD.

JUST A SECOND.

UH, WHAT ABOUT JUST RESPONSIBLE PARTY? I MEAN, THE PERSON ORDERED TO TAKE THE EMERGENCY ACTION IS THE RESPONSIBLE PARTY.

SO THE RESPONSIBLE PARTY SHOULD HAVE THE RIGHT TO APPEAL, AND WE GO BACK TO IT AGAIN, RESPONSIBLE PARTY COULD ALSO BE THE LEASER, AND THAT BY LAW ISN'T THE PERSON WHO REPRESENTS THE PROPERTY AND THEY'RE NOT THE RESPONSIBLE PARTY.

LET'S, UH, LET'S GO BACK TO CODE COMPLIANCE.

WAIT, WAIT A MINUTE, JESSE.

COUNSEL WAS GIVING US SOME GUIDANCE.

JUST A SECOND.

COUNSEL, SAY IT AGAIN.

OKAY.

YES.

AND I HAVE, UH, ACTUALLY THAT THE SHEET I'M LOOKING AT, UH, RAY, UH, IT'S UNDER YOUR NAME, UM, WAS WRITTEN, UH, YEAH, THAT, THAT'S, I'VE GOT IT UNDER YOURS.

BUT, UH, BASICALLY THE EMERGENCY MEASURES, UH, STATE NOTICE TO VACATE, I'M ASSUMING THAT'S THE INTENT.

SO IF THE COMMITTEE WANTS A PROVISION TO REINFORCE WHAT IS ALREADY IN A NOTICE TO VACATE, THEN, UH, 1 0 9 0.2 CAN BE ADDED TO STATE THAT A NOTICE TO VACATE MAY BE APPEALED TO THE BUILDING STANDARDS BOARD AND JUST LEAVE IT AT THAT IF ADDED THE INTENT.

AND AGAIN, UH, LIKE I SAID, UH, UH, I, I'M LOOKING AT, UH, THIS DOCUMENT THAT RAY YOU SUBMITTED.

AND SO IF, IF THAT'S THE INTENT SPECIFICALLY FOR NOTICES TO VACATE, EVEN THOUGH THE NOTICES TO VACATE HAVE THAT LANGUAGE IN THERE, IF THE COMMITTEE CHOOSES, Y'ALL CAN ADD THIS PROFESSION AND STATE NOTICES, UH, TO VACATE, UH, SHALL BE COMPLIED WITH NOTICES TO VACATE, CAN'T BE APPEALED TO THE BUILDING STANDARDS BOARD, IF THAT IS THE INTENT.

UH, IF I, WAIT JUST A MINUTE, RAY, UH, MR. ZUNIGA, UH,

[01:35:02]

MR. RAY, JESSE ZUNIGA, LET ME, UH, MY INPUT GO BACK TO CODE COMPLIANCE SPEAKING HERE.

YOU TOOK CHINA AWAY WITH ME.

THIS TWO, I BELIEVE WAS IN THE, IN THE CODE WHEN WE SEND THE LETTERS, AND NOT ONLY TO ONE PERSON, BUT SOMETIMES TO EVERYBODY ON THE LIST OF THE BARE APPRAISAL DISTRICT.

BUT TO ME HERE, , I'VE BEEN TAUGHT SINCE I'VE BEEN ON THE BOARD 12 YEARS OR 10 YEARS OR WHATEVER, UH, THE ULTIMATE PERSON RESPONSIBLE IS THE PROPERTY OWNER.

OKAY? AND ON A MULTITUDE OF, UH, APARTMENTS, EVEN THE PROPERTY MANAGERS GETS A NOTICE.

CORRECT? OR IF I'VE BEEN WORKING ON SOME APARTMENTS, I KNOW THAT, BUT I MEAN, IT'S ALREADY IN THE COURT.

AND SECONDLY, AND MOST PROBABLY, AND I'VE BEEN SCHOOL, I GUESS, BY THE ATTORNEYS IN THE HERE THAT REPRESENT YOU, UH, ERIC.

SO THE THING IS, THE PROPERTY OWNER IS THE PERSON THAT THE LETTER IS SENT TO, PLUS OTHERS.

AM I NOT CORRECT? IF I'M NOT, TELL ME.

I'M GOING TO, UH, DEFER THAT TO DANNY OR AMIN AS TO THE, WHERE THE NTVS ARE.

AND AGAIN, WITHOUT KNOWING THE BACKGROUND, IF WE'RE SPECIFICALLY REFERRING TO 1 0 9 0.1, I'M ASSUMING THIS IS FOR NOTICES TO VACATE.

AND, UH, THE, IT IT SHALL BE SERVED ON THE OWNER OWNER'S AGENT OR PERSONS, OR PERSONS RESPONSIBLE FOR THE STRUCTURE.

BUT, UH, I, I WILL DEFER TO, YES, THANK COUNSEL.

RAY, YOU HAD A COMMENT? UH, YES.

UH, FIRST OF ALL, I WANNA THANK AVITA FOR GIVING ME CREDIT ON THIS.

I DON'T RECALL THE AMENDMENT.

IT'S BEEN SO, SO LONG, AND WE'VE DISCUSSED AND REDISCUSSED SO MANY THINGS.

SO, UH, I APPRECIATE THE CREDIT.

UH, I DO, I DO BELIEVE THIS IS A, A, UH, SUBSTANTIAL, UH, UH, PROPOSAL, AND I AGREE WITH IT.

HOWEVER, UH, WE SHOULD BE DISCUSSING IT, THIS PROPOSAL ON ITS MERITS, NOT AS TO WHO MADE IT.

AND, UH, SO, UM, I, YOU KNOW, I I, I'D BE HAPPY TO CONSIDER, UM, YOU KNOW, CHANGES AS MR. GUPTA HAS RECOMMENDED.

UH, SO IF WE CAN MOVE FORWARD ON THIS, LET ME ASK YOU A REAL QUICK QUESTION ON HEARING.

UH, AS, AS TO THE PURPOSE OF THE ISSUE, ANY PERSON ORDERED TO TAKE EMERGENCIES ACTION SHOULD COMPLY.

THAT'S AN ISSUE THAT IS, UH, SHOULD BE ACCEPTABLE TO EVERYONE.

UH, THE KEY THAT YOU'RE TRYING TO GET AT, OR WHOMEVER PROPOSED IT, IS THAT THERE IS A RIGHT TO A HEARING.

UH, THEREFORE, WOULD YOU ACCEPT THE WORDING OF, UH, THERE IS A RIGHT FOR A HEARING CONSULT WITH YOUR CODE OFFICER? IF, IF THAT FOLLOWS ANY PERSON ORDERED TO TAKE EMERGENCY MEASURES? UH, YES.

COUNCILOR, ARE YOU COMFORTABLE WITH THAT WORDING? CHAIR? CAN I SKIP IN? GO AHEAD.

I JUST WANNA CLARIFY, AND I THINK SAVITA IS KIND OF GETTING TO THAT POINT, IS WHAT DOES EMERGENCY MEASURES MEAN? ARE WE TALKING ABOUT SPECIFICALLY NOTICE TO VACATE OR ARE WE TALKING ABOUT OTHER THINGS? I THINK THAT'S WHY SHE WAS ASKING WHOEVER WROTE THIS TO LET US KNOW WHAT'S THE POINT HERE.

I MEAN, IF, IF THIS IS SPECIFICALLY TO NOTICE, TO VACATE, I WOULD SAY WE NEED TO WRITE SOMETHING VERY CLEAR TO SAY, THE FACT THAT THE DECISION OF NOTICE TO VACATE SHALL, UH, OR MAY BE APPEALED TO THE CITY OF SAN ANTONIO BUILDING STANDARD BOARD PURSUANT TO SECTION 6 1 7 8 D OF THE CITY CODE.

LIKE THAT'S VERY SPECIFIC.

IT IS IN CHAPTER SIX.

IF THE INTENT HERE IS TO PUT IN THE PROPERTY MAINTENANCE CODE THAT ANYBODY WHO RECEIVES NOTICE TO VACATE HAVE THE RIGHT TO APPEAL, THEN LET'S PUT THAT IN THE CODE.

BUT EMERGENCY MEASURES, IT'S HARD FOR ME TO DEFINE THAT.

WHAT DOES THAT MEAN? UH, I WOULD ALSO LIKE CLARIFICATION BECAUSE NUMBER 79 IS SPEAKING OF A HEARING, AND NUMBER 80 IS SPEAKING OF NOTICE.

SO THOSE ARE TWO DIFFERENT ITEMS. WHAT WE'RE TALKING ABOUT RIGHT NOW IS SPECIFICALLY

[01:40:01]

A HEARING.

AND, UH, MY UNDERSTANDING OF THE LANGUAGE WRITTEN HERE IS THAT IT WOULD BE, UH, ANY EMERGENCY, UH, MEASURES.

AND, UH, DO THEY NOT HAVE A RIGHT TO APPEAL FOR ANY EMERGENCY MEASURE? WHETHER IT BE YOU REMOVING THE METER ON THE ELECTRIC BOX OR A NOTICE TO VACATE OR WHATEVER IS GOING ON, IT'S, THERE'S MANY DIFFERENT EMERGENCY SITUATIONS.

WOULDN'T ALL OF THEM BE ALLOWABLE FOR APPEAL? MR. TRIP AND, YES, MA'AM.

OH, I'M SORRY.

AMAIN, DID I CUT YOU OFF? ? UH, NO, YOU, YOU CAN, YOU CAN JUMP IN.

I WAS ABOUT TO SAY ANY, ANY DECISION THE BUILDING OFFICIAL MAKES IS APPEALABLE, BUT I'LL LET SAVITA JUMP IN.

COUNSEL, GO AHEAD.

HE HAS YIELDED TO YOU.

THANK YOU.

AND, UH, KAYLA, THANK YOU FOR BRINGING THAT UP.

YEAH, UH, THESE TWO FINAL, UH, PROPOSED AMENDMENTS REALLY SHOULD BE IN THE REVERSE.

UM, BUT, UH, AS FOR THE, UH, WELL, FIRST, UH, MR. MORALES, AND I'VE SAID THIS, UH, TOO MANY TIMES TO COUNT, UH, THE AMENDMENTS.

OF COURSE, THE COMMITTEE IS LOOKING AT THE AMENDMENTS ON THE MERITS.

THE REASON WE ASK AS TO WHO PROVIDED THIS TO GET CLARIFICATION.

SO, UH, DO NOT CATCH THAT OUT THERE.

AGAIN, I DO NOT APPRECIATE IT, NOR WILL I ACKNOWLEDGE IT BEYOND THIS POINT.

SECOND, WHAT AMIN WAS SAYING IS EXACTLY WHAT I WAS TRYING TO GET.

SECURING MEASURES.

SO THIS WOULD INCLUDE THE GAMUT.

IT WOULD INCLUDE, UH, IF IT'S A HISTORIC STRUCTURE, AND, UH, STABILIZATION EFFORTS NEED TO BE TAKEN IMMEDIATELY TO ALLOW FOR THE PROCESS TO CONTINUE.

IT WOULD ALSO INCLUDE THERE ARE SITUATIONS WHERE CODE HAS TO DO AN EMERGENCY SECURING OF A BUILDING, UH, UH, LET'S SAY GOING BACK TO, UH, WITH DARTS, UH, CODE HAS TO DO A LOT OF EMERGENCY SECURING.

WHERE WE COME ACROSS, UM, HOUSES THAT ARE EXTREMELY, UH, DANGEROUS NEEDLES OR DRUG ACTIVITY OR, UH, ON THE PROPERTY SHOOTINGS THAT ARE RIGHT NEXT DOOR TO A SCHOOL, THE DIRECTOR IS AUTHORIZED TO ORDER AN EMERGENCY SECURITY.

SO THAT'S THE CONCERN.

MR. MORALES, WHICH ARE YOU, ARE YOU WANTING TO ADDRESS ALL EMERGENCY MEASURES OR SPECIFICALLY NOTICES TO VACATE? THE WAY I RATE THIS, THIS AMENDMENT, UH, A PROPOSAL IS EMERGENCY MEASURES.

AND, AND THAT'S WHAT I'LL RELY ON.

IF, IF THAT IS NOT ACCEPTABLE, THEN, UH, I DON'T GET A VOTE ON THIS.

EMERGENCY MEMBER, UH, EMERGENCY MEASURES IS, UM, REFERRED TO IN SECTION 1 0 9.

UM, SO I, I ASK PEOPLE TO READ THAT.

UM, BEFORE DECIDING ON THIS ONE, I, I GUESS I WOULD, UH, CHALLENGE THE ISSUE OF EMERGENCY MEASURES IN TERMS OF NOTICE AND APPEALS AND THINGS OF THAT NATURE.

IF SOMETHING IS AN EMERGENCY, IT'S AN EMERGENCY, UH, HOWEVER, THE RECOMMENDATION WAS TO QUOTE, COMPLY WITH THE EMERGENCY, AND THEN YOU HAVE A RIGHT TO, THAT'S THE REASON WHY I SUGGESTED PREVIOUSLY THAT PERHAPS YOU HAVE ANY PERSON ORDERED TO TAKE EMERGENCY MEASURE.

SO COMPLY WITH SUCH ORDERS, YOU HAVE A RIGHT AND THEN LIST THAT RIGHT, WHICH WOULD BE TO A HEARING.

AND THEN ON THE NEXT ITEM, WHICH WOULD BE, UH, AN APPEAL, UH, AND LEAVE IT AT THAT AS A POTENTIAL, UH, WAY TO GET AT THIS ISSUE BECAUSE EVERYONE HAS A RIGHT IN THIS COUNTRY, AND THE CITY INDEED ENDORSES THAT, RIGHT? IN TERMS OF BOTH HEARINGS AND APPEALS.

UH, SO I GAVE YOU THAT AS A RECOMMENDATION.

I LEAVE IT TO, SO, MR. CHAIR, QUESTION, UH, DID I HEAR LEGAL SAY THAT WE ALREADY HAD THIS IN THE CODE AND THEREFORE THIS WAS NOT NECESSARY AT ALL?

[01:45:02]

THAT WAS MY UNDERSTANDING AS WELL.

BUT ALSO, HA, WAIT JUST A MINUTE.

HA.

HAVING PUT WORDS IN THE MOUTH OF COUNSEL PREVIOUSLY, I'M GONNA GO BACK TO COUNSEL TO MAKE SURE THAT NO ONE IS PUTTING WORDS IN HER MOUTH.

UH, SAY YOUR QUESTION AGAIN FOR COUNSEL.

AND AS I UNDERSTOOD FROM COUNSEL, WE ALREADY ADDRESSED THIS IN THE CODE, SO THEREFORE THIS AMENDMENT IS NOT NECESSARY.

AND COUNSEL, IF YOU COULD CONFIRM OR DENY THAT STATEMENT? THAT IS CORRECT.

WE DO HAVE A PROVISION ALREADY IN SAMHSA THE STATE'S.

EVERY NOTICE UNDER SAMHSA CAN BE APPEALED TO THE BUILDING STANDARDS FOR, HOWEVER, WITH THE EMPHASIS ON, UM, THE NOTICES TO VACATE.

IF THE INTENT IS TO MAKE SURE IT'S CODIFIED, THAT THERE IS THE ABILITY TO APPEAL, UH, A NOTICE TO VACATE AFTER COMPLIANCE, THEN THAT CAN BE STATED.

IT'S, ON THE ONE HAND, IT'S REDUNDANT BECAUSE THE CODE ALREADY COVERS IT ON THE SECOND.

IF THE INTENT IS JUST TO MAKE IT, UH, EXTRA CLEAR AND IT JUST NEEDS TO BE WORDED BETTER, AND, UH, SECURITY MEASURES, UH, OR EMERGENCY MEASURES, UH, REALLY SHOULD BE TAKEN OUT OF, UH, USAGE.

IF WE'RE GONNA PUT IT UNDER 1 0 9, UM, 0.1, IMMINENT DANGER.

AND THEN, UH, IT, IF THE COMMITTEE SO CHOOSES, YOU COULD PROVIDE, ADD A SECTION 1 0 9 0.2 THAT, UH, A NOTICE ISSUED PURSUANT TO 1 0 9 0.1 MAY BE APPEALED TO THE BUILDING STANDARDS BOARD.

SHORT ANSWER IS YES.

YES.

AND, AND THANKS FOR THAT CLARIFICATION.

AND SO, SINCE WE DON'T KNOW WHAT THE INTENTION IS, WE DON'T KNOW WHO THE AUTHOR IS, THEN WE SHOULD JUST STAY WITH WHAT WE HAVE.

YEAH, I, IS THAT A MOTION? AND IF YOU WOULD STATE IT AS A MOTION, PLEASE WAIT A MINUTE.

THERE, THERE WAS A MOTION ALREADY AND THERE WAS SE SECONDED IT, THERE WAS A MOTION.

THANK YOU VERY MUCH.

THERE WAS A MOTION ON AND A VOTE AND A SECOND AND A VOTE.

YES.

WE VOTED.

THERE WAS ONE VOTE SHORT BEFORE LEGAL CAME BACK.

YES, THAT WAS THE FIRST THING THAT HAPPENED.

UM, YOU, YEAH.

AND WE DO KNOW WHO THE AUTHOR IS.

WELL, I DON'T, I DON'T KNOW WHO THE AUTHOR IS.

YEAH, IT'S .

I DON'T REMEMBER.

BUT, UH, I'M GOING BY AVITAS, UH, STATEMENT.

SO THIS DID NOT PASS, AM I CORRECT? THAT'S CORRECT.

OKAY.

SO NOW THE MOTION IS, THAT'S, CAN I MAKE A SECOND MOTION NOW? BECAUSE SHE JUST SECOND, SHE CAME IN RIGHT AFTER THE VOTE.

AND THE VOTE WAS NOT TO ACCEPT IT.

NO, IT NO VOTE.

THE VOTE WAS TO ACCEPT.

OH, THE VOTE.

THE VOTE WAS TO ACCEPT.

IT WAS SECONDED.

AND THE MOTION BASICALLY PASSED.

EVERYBODY SAID YES.

YES.

SO RIGHT NOW, RIGHT NOW, THE MOTION PASSED.

SHE INTERVENED BEFORE WE FINISHED THE VOTE.

THAT IS, THAT IS A CORRECT STATEMENT.

NO ONE DID NAYS, BUT THE YE'S, WERE CORRECT WERE PLENTY.

EVERYBODY SAID YAY.

AND THEN, THEN WE CAN JUST RESEND THAT VOTE.

THAT'S VERY SIMPLE.

MAKE THAT A MOTION.

MAKE A MOTION TO RESCIND THAT VOTE.

SECOND, THE MOTION IS MADE TO RESCIND THE VOTE ON THE THOUGHT THAT WE HAD APPROVED THE MOTION TO ACCEPT.

UH, AND THE MOTION IS A SECOND.

ALL IN FAVOR OF RESCINDING THE VOTE PREVIOUSLY SAY AYE.

AYE.

THOSE OPPOSED SAY NAY, NAY ONE NAY.

ABS THE MOTION.

I ABSTAIN 'CAUSE I WASN'T HERE FOR THE BEGINNING OF THE DISCUSSION.

MS. BROWN ABSTAINS.

NOW THEN I THINK YOU HAVE A MOTION THAT YOU'RE ABOUT TO MAKE.

OR IS THAT A BAD ASSUMPTION? NO, WE JUST DON'T HAVE TO TAKE ANY ACTION ON IT BECAUSE HE THINKS THAT'S HIS, UH, WELL, IT'S, IT, THE ISSUE IS BEFORE THE TABLE, WE NEED TO EITHER ACCEPT, AMEND, OR CHANGED.

SO CHAIR WOULD ENTERTAIN A MOTION ON 1 0 9 0.2.

ITEM NUMBER 79.

I, MR. CHAIR, I'LL MAKE THE MOTION TO NOT ACCEPT.

SECTION

[01:50:01]

1 0 9 0.2.

MOTION IS TO NOT ACCEPT THE PROPOSAL FOR ITEM NUMBER 79.

DO I HAVE A SECOND? SECOND DISCUSSION? I, I'M SO SORRY.

ISN'T, UM, IT'S MY UNDERSTANDING THAT PEOPLE WHO VOTED NO PREVIOUSLY ARE THE ONLY ONES WHO CAN MOVE TO RECONSIDER OR RESCIND THE VOTE.

AND SINCE EVERYONE VOTED YES, THEN NO ONE CAN VOTE TO RESCIND CORRECTION.

EVERYONE DID NOT VOTE.

YES, THERE WAS ONLY ONE YES, THAT WAS AFFIRMED ON THAT.

HOW MANY ? THAT'S NOT WHAT I RECALL.

BUT IF THAT'S WHAT WE'RE GOING WITH, THEN OKAY.

YEAH, NO, WE ONLY HAD ONE PERSON LEFT THAT NEEDED TO VOTE.

OH, THAT DIDN'T VOTE.

YEAH, BUT I DIDN'T VOTE.

NO, YOU DIDN'T.

WHO'S THE OTHER PERSON THEN? SO THERE'S TWO.

WE HAD THE YESES LIKE MR. CHAIR, WHO, WHO WERE THE YESES THERE? WE, WE MAY, WE MAY NEED TO GO BACK AND WATCH THE VIDEO, BUT WE HAD THE YESES.

HOLD, HOLD ON A MINUTE, MR. CHAIRMAN, I RECOMMEND THAT WE ASK THE STAFF WHO KEEPS THE TALLY TO SEE WHERE IT'S AT.

THE, THE STAFF WOULD'VE TO ACTUALLY LISTEN BECAUSE IT WAS A VOICE VOTE.

IT WAS NOT A ROLL CALL VOTE.

WELL, I DID NOT VOTE.

OKAY.

AND HE DID NOT VOTE.

THE ONLY ONE, THE ONLY EYE I HEARD WAS ONE.

BUT YOU'RE TELLING ME THERE WERE TWO, SO THERE MUST HAVE BEEN MORE THAN ONE.

I I HEARD AT LEAST THREE.

CALL FOR THE QUESTION.

CALL FOR THE QUESTION.

UH, SHE HAS A GOOD POINT, BUT THE QUESTION, THE MOTION ON THE TABLE DOES NOT ACCEPT 1 0 9 0.2 ON THE HEARINGS PER SE.

ALL IN FAVOR OF THAT MOTION, SAY AYE.

AYE.

UH, CHAIR ENTERTAIN A MOTION ON THE, UH, PROPOSAL FOR 1 0 9 0.3.

OKAY.

CAN I MAKE A COMMENT? FIVE MINUTE WAIT.

I WILL COME BACK TO THAT ISSUE IN JUST A MOMENT BECAUSE THAT'S GONNA HAVE TO BE AN ISSUE.

UH, WHAT ARE YOU, YOU GOT ALL ON PAPER.

YOU DIDN'T SAY PEOPLE NOT IN PAPER.

THANK YOU.

NOW THAT'S A VIABLE ISSUE THERE.

LET ME REPHRASE, LET ME REDO THIS WHOLE THING.

THE VOTE, THE MOTION ON THE TABLE IS TO NOT ACCEPT THE PROPOSAL FOR ITEM NUMBER 79.

ALL IN FAVOR SAY AYE.

AYE.

AYE.

THOSE WHO OPPOSED SAY, NAYYY.

NAY, NAY, AND ONE ABSTENTION.

WE GOOD? MM-HMM.

.

OKAY.

NOW THEN, UH, FOR THE RECORD, WE DO NEED TO GO BACK AND TAKE A LOOK AT THE AUDIO AND THAT MAY MEAN WE HAVE TO RECONVENE ON THAT ONE ISSUE, BUT ITEM NUMBER 80, CHAIR ENTERTAIN A MOTION ON ITEM NUMBER 80 OF THE RECOMMENDATION FOR 1 0 9 0.3.

MR. CHAIR, I RECOMMEND WE NOT ACCEPT ITEM 80.

THE MOTION IS TO NOT ACCEPT ITEM, THE PROPOSAL FOR ITEM NUMBER 80.

DO I HAVE A SECOND? SECOND ALL, UH, DISCUSSION.

EXCUSE ME.

DISCUSSION.

I HAVE A QUESTION FOR COUNSEL.

AND NATALIA RODRIGUEZ, UH, I HAVE A QUESTION FOR COUNSEL.

UH, ON THIS PROPOSED AMENDMENT, UH, DOES THE CURRENT CODE, UH, SUPPLY ALL OF THESE NOTICES, UH, THAT THIS AMENDMENT'S ASKING FOR? COUNSEL, DID YOU UNDERSTAND THE QUESTION? UH, I DID.

THANK YOU.

UH, AS FAR AS, UH, THE RIGHT TO APPEAL, IF WE'RE TALKING ABOUT NOTICES TO VACATE UNDER 1 0 9, IT IS, UH, PROVIDED IN THE NOTICE AS FAR AS INCLUDING A DESCRIPTION OF DOCUMENTS THAT MUST BE SUBMITTED.

NOTICE TO BE RE UH, THE RIGHT TO BE REPRESENTED AND TO PRESENT WITNESSES AND EVIDENCE, UM, THAT IS NOT INCLUDED IN THE NOTICE.

UH, THE, THE NOTICE SIMPLY STATES YOU HAVE A RIGHT TO APPEAL AND DIRECTS THE PERSON, UH, AS TO WHO TO CONTACT.

AND THAT INFORMATION IS THEN PROVIDED, UH, THE NOTICE OF THE RIGHT TO BE REPRESENTED AND TO PRESENT WITNESSES IN EVIDENCE.

UH, THAT IS, UH, NEVER CODIFIED.

THAT IS TO BE PUT IN THE STANDARD OPERATING PROCEDURES, WHICH THEY CURRENTLY ARE IN THE BUILDING STANDARDS BOARD.

AND THE, UH, STATEMENT AS TO IN-PERSON AND REMOTE MEANS OF ATTENDANCE, THAT IS NOT OPTION AS PER THE TEXAS ATTORNEY GENERAL.

ALL ATTENDANCE NOW MUST BE IN PERSON AND THE DATE OF ANY DEADLINES,

[01:55:01]

UH, THAT IS ALREADY, UH, PROVIDED IN THE CODE.

THANK YOU.

THE MOTION ON THE TABLE IS TO NOT ACCEPT, UH, OR NOT ADOPT THE PROPOSAL FOR 1 0 9 0.3.

ITEM NUMBER 80.

ALL IN FAVOR OF THAT MOTION, SAY AYE.

AYE.

THOSE OPPOSED SAY NAYYY.

THE MOTION CARRIES.

UH, GO BACK TO THE DISCUSSION THAT UL BROUGHT UP ON TERMS IN TERMS OF WHO VOTED AND WHO DID NOT VOTE.

UH, SHE HEARD THREE VOTES, UH, OR AT LEAST THAT'S WHAT HER THOUGHT WAS.

UH, IF THERE WERE THREE VOTES ONLY, UH, DOESN'T CARRY COUNSEL, THAT DOES NOT CARRY, IS THAT A CORRECT ASSUMPTION? CORRECT.

OKAY, THEN THAT IS THE ISSUE OF BEING TABLED PER SE.

THE NEXT ITEMS ON THE, UH, PROPOSAL ARE ACTUALLY STATEMENTS AND CHAIR WILL READ THOSE STATEMENTS IF YOU CAN.

SAN ANTONIO PROPERTY MAINTENANCE CODE TWO 18 2018 DOES NOT STATE HOW THE WORK OF CODE OFF CODE OFFICIALS WITH MULTIPLE COMPLAINTS ABOUT SSU NOTICES SHALL BE REVIEWED.

THIS IS ONE OF THE, UH, BIGGEST CONCERNS THAT COMMUNITY MEMBERS HAVE EXPRESSED.

THERE ARE VARIOUS SOLUTIONS TO THIS ISSUE, SUCH AS CREATING A, UH, STRIKE SYSTEM, POINT SYSTEM OR MANDATING CULTURE COMPETENCE TRAINING TO ENSURE THEIR JUDGMENT TO SOLELY BASED ON PROTECTING THE RESIDENTS.

UH, THIS ENSURES THAT THE CODE OFFICIALS WITH QUESTIONABLE FINDINGS CAN BE HELD ACCOUNTABLE FOR THE DECISIONS.

AND THEN THERE'S A SECOND COMMENT THAT IS IDENTICAL.

UH, THEN THERE IS, UH, A COMMENT ON ITEM NUMBER 43 AND 66, UH, IF I'M NOT MISTAKEN OR IDENTICAL OR CLOSE ENOUGH TO BE IDENTICAL TO BE READ IN THE RECORD BY A SINGLE TIME.

AND IT READS, SAN ANTONIO PROPERTY MAINTENANCE CODE 2018 IS ENFORCED, DOES NOT RESULT IN HOLDING MULTI-FAMILY PROPERTIES TO HIGH STANDARDS OF STEWARDSHIP.

MANY RESIDENTS IN SAN ANTONIO HAVE BECOME MORE VOCAL ABOUT POOR LIVING CONDITIONS THAT ACCORDING TO CODE OFFICIALS MEET THE DEFINITION OF UNFIT FOR HUMAN OCCUPANCY.

CENTRAL ITERS FREQUENTLY RISK RETALIATION WHEN THEY SEEK REPAIRS.

AND GIVEN THE DAILY RISK TO HEALTH AND SAFETY, WHICH RENTERS FACE FROM COMMON, UH, RENTAL PROBLEMS SUCH AS POOR VENTILATION, IT IS IMPORTANT TO ADDRESS THESE HEALTH ISSUES AS QUICKLY AS POSSIBLE, BUT NO LONGER THAN 15 DAYS IN RECOMMENDING A SHORTER TIMEFRAME TO REPAIR FOR LANDLORDS AS OPPOSED TO HOMEOWNERS.

WE RECOGNIZE THAT LANDLORDS ARE ENGAGED IN A BUSINESS UPON WHICH STATE LAW IMPOSES A DUTY TO REPAIR OR REMEDY.

UH, SINCE THOSE ARE STATEMENTS MADE, WE'VE READ THEM INTO THE RECORD PER SE.

UH, LADIES AND GENTLEMEN, THAT CONCLUDES THE SAN ANTONIO PROPERTY MAINTENANCE CODE, UH, COMMITTEE FOR OUR 2000, UH, 22.

UH, ANY COMMENTS FROM STAFF? ADMINISTRATIVE COMMENTS? I JUST WANNA MAKE SURE, UH, I UNDERSTAND.

SO ITEM 79, WHERE DO WE STAND WITH THAT? I JUST WANNA MAKE SURE WHAT'S THE FINAL RESULT? I DON'T KNOW.

I'M GONNA GO BACK AND LOOK AT THE VIDEO LATER AFTER A POST AT LIKE MIDNIGHT.

I'M GONNA GO BACK AND WATCH IT.

'CAUSE I KNOW I HEARD SEVERAL YESES.

UH, COUNSEL, HAVE WE SET IT ASIDE OR DO WE WANT TO ADDRESS THE ISSUE AT THE PRESENT TIME? WELL, THERE WAS, UH, IF THE POSITION IS THAT A VOTE WAS TAKEN AND IT WAS PASSED IN THE AFFIRMATIVE, THEN MR. GARZA, UM, UH, I'M SORRY, DAVID'S MOTIONS, WHEN TO RESCIND THE PREVIOUS VOTE, UH, TAKES CARE OF THAT ISSUE.

IF THE POSITION IS THAT THERE WERE INSUFFICIENT VOTES FOR THE FIRST ONE, THEN AGAIN, UH, THAT MOTION FAILED.

OKAY, I'M GONNA TAKE A POLL THEN, UH, AND SEE IF ANYBODY REMEMBERS.

THE ANSWER TO THE QUESTION.

UH, ON THE ORIGINAL PROPOSAL, WHICH WOULD'VE BEEN FOR ITEM NUMBER 79, UH, DAVID, DO YOU REMEMBER VOTING AND WHAT WAS YOUR VOTE IF YOU DID? I DID NOT VOTE.

DID NOT VOTE.

UH, MR. GUPTA NO.

DID NOT VOTE.

MR. ZIKA THAT DID NOT KNOW, DID NOT VOTE OR VOTED.

WHAT? NO, MR. ANDES, I DID NOT VOTE FOR IT.

I DID NOT VOTE FOR IT.

I GUESS THEY WERE ALL IMAGINARY VOTES.

[02:00:01]

, I'M GONNA GO BACK AT ONCE.

WELL, YOU, YOU ARE CORRECT.

THERE WAS ONE VOTE THAT WAS AN AYE, AND I DO NOT KNOW WHO THAT VOTE WAS, BUT THAT ONE VOTE, UH, EVEN THOUGH SOMEONE ELSE HEARD THREE, UH, AND THREE WOULD NOT HAVE BEEN ENOUGH TO CARRY, UH, I THINK WE CAN SET THAT ISSUE ASIDE.

UH, ALL OF THE COMMITTEE MEMBERS, WE APPRECIATE IMMENSELY YOU PARTICIPATING IN THE EVENT.

THIS IS SOMETHING THAT DOES COME UP, UH, ON, UH, EVERY FIVE YEAR PERIOD, IF I'M NOT MISTAKEN, EVERY THREE YEAR PERIOD OF TIME.

UH, WE APPRECIATE IMMENSELY EVERYONE'S INPUT.

WE APPRECIATE THE COMMUNITY'S INPUT ON THE ISSUE.

AND WITHOUT OBJECTION, BY UNANIMOUS CONSENT, WE ARE ADJOURNED AT 3 46.

COULD COULD I ASK, WHAT IS THE NEXT STEPS ON, ON THESE AMENDMENTS? UH, THERE ARE, ALL THE AMENDMENTS BASICALLY HAVE BEEN VOTED ON, AND THE NEXT STEP WILL BE A BRAND NEW CODE WILL BE PUBLISHED.

UH, WAIT A MINUTE.

I'M SORRY.

I AM OBJECTION.

MR. CHAIR.

YES, MA'AM.

GO AHEAD AND CORRECT ME BECAUSE I KNOW I'M DEAD WRONG ON THAT.

, PLEASE, PLEASE HELP ME, MA'AM, PLEASE.

THE NEXT STEPS, SINCE THIS IS A SUBCOMMITTEE OF THE B S B, THE NEXT STEP WILL BE TO PRESENT IT TO THE BUILDING STANDARDS FOR , EITHER AT EACH PANEL OR, UH, A MEETING CALLED, UH, FOR THE FULL PANEL.

AND AFTER THE FULL BOARD HAS REVIEWED THESE, THEN UH, THEY WILL PRESENT TO AMIN OR MIKE, UH, THE FINAL, UH, RECOMMENDATIONS TO GO FORWARD.

THEN AFTER THAT STEP, I'M GONNA DEFER TO AMIN.

YEAH, SO AFTER THE FULL B S B HEARS THE RECOMMENDATIONS, AND IF THEY APPROVE THOSE RECOMMENDATIONS TO MOVE FORWARD, THEN WE GO TAKE IT TO CITY COUNCIL, UH, P C D C SUBCOMMITTEE.

WE PRESENT THERE AND IF THEY AGREE ON IT, THEN WE TAKE IT TO FULL COUNSEL.

AND THEN IF THEY AGREE ON IT THERE, THEN THAT'S WHEN IT BECOMES, UH, ACTIVE CODE.

SO THERE IS, THERE IS A LONG PROCESS.

AND RAY, I REALLY DID KNOW THAT.

, I JUST MISSPOKE.

I KNEW THAT ALSO, BUT I, YOU'RE, YOU'RE SO KIND.

YOU PROBABLY DON'T NEED TO BE THAT KIND.

BUT THANK YOU VERY MUCH, .

AND AGAIN, WE'RE ADJOURNED FOLKS.

.