4. Councilmember Rebecca J. Viagran will be sworn-in as Mayor Pro-Tem, serving the term August 21, 2018 through October 30, 2018.

[5. Presentation by Dr. Steve Nivin of the anticipated fiscal impact to the City related to the City Charter Amendments proposed by the Fire Union. [Ben Gorzell, Chief Financial Officer; Troy Elliott, Deputy Chief Financial Officer]]

MOTION CARRIES.

ITEM NO. 5.

>> ITEM NO. 5 IS A PRESENTATION BY DR. STEVE NIVIN OF THE ANTICIPATED FISCAL IMPACT TO THE CITY RELATED TO THE CITY CHARTER AMENDMENTS PROPOSED BY THE FIRE UNION.

>> MAYOR NIRENBERG: GO AHEAD, BEN.

>> GOOD MORNING, MAYOR AND COUNCIL MEMBERS.

I'M GOING TO GIVE YOU JUST A BRIEF INTRODUCTION THIS MORNING, A LITTLE BIT OF BACKGROUND INFORMATION ON ITEM NO. 5.

PURSUANT TO STATE STATUTE, PARTICULARLY TEXAS LOCAL GOVERNMENT CODE ARTICLE 9.004 THE CITY IS REQUIRED TO DEVELOP A FISCAL IMPACT STATEMENT REGARDING ANY PROPOSED CHANGES TO THE CITY'S CHARTER.

SPECIFICALLY ON ITEM 5 THIS MORNING WE'RE TALKING ABOUT THE THREE PETITIONS TO AMEND THE CITY'S CHARTER THAT HAVE BEEN SUBMITTED BY THE FIRE UNION.

IN ORDER TO DEVELOP THIS FISCAL IMPACT STATEMENT, YOU WOULD HAVE TO ASSESS THE POTENTIAL ECONOMIC IMPACT AND THEN THE ASSOCIATED FISCAL IMPACTS WOULD HAVE TO BE EVALUATED, ANALYZED, AND ASSESSED.

THE CITY DOES NOT HAVE AN ECONOMIST ON STAFF SO WE ENGAGED DR. STEVE NIVIN TO CONDUCT A STUDY OF THE THREE PROPOSED CHARTER AMENDMENTS .

LET ME GIVE YOU A LITTLE BIT OF BACKGROUND ON DR. NIVIN.

HE'S AN ASSOCIATE PROFESSOR ECONOMICS AT ST. MARY'S UNIVERSITY.

AT THE UNIVERSITY HE ALSO IS A DIRECTOR AND CHIEF ECONOMIST OF THE SABER INSTITUTE.

THE SABER INSTITUTE IS A THINK TANK FOCUSED ON ISSUES RELATED TO THE DEVELOPMENT OF REGIONAL ECONOMIES.

HE TEACHES AT THE UNIVERSITY URBAN ECONOMICS, COST BENEFIT ANALYSIS, INTERMEDIATE MACROECONOMICS, PUBLIC FINANCE, AND ECONOMIC HISTORY.

HIS ACADEMY RESEARCH CURRENTLY FOCUSES ON THE USE OF COMPLEXITY ECONOMICS TO UNDERSTAND THE FUNCTIONING OF THE REGIONAL ECONOMIES, THE ROLE OF ARTS AND CULTURAL IN ECONOMIC DEVELOPMENT, AND OTHER ISSUES RELATED TO REGIONAL ECONOMIC DEVELOPMENT.

DR. NIVIN IS ALSO THE MANAGING MEMBER AND CHIEF ECONOMIST OF STEVE R. NIVIN PH.D. LLC AND ECONOMIC CONSULTING FIRM BASED HERE IN SAN ANTONIO.

IN THIS ROLE HE HAS COMPLETED NUMEROUS CONSULTING PROJECTS FOCUSED ON A VARIETY OF ECONOMIC DEVELOPMENT ISSUES, FORECASTING AND CULTURAL PLANNING.

DR. NIVIN RECEIVED HIS PH.D.

AND MA IN POLITICAL ECONOMY FROM THE UNIVERSITY OF TEXAS AT DALLAS AND HIS BA IN ECONOMICS FROM AUSTIN COLLEGE.

DR. NIVIN IS GOING TO BE PROVIDING YOU A PRESENTATION THIS MORNING ON THE RESULTS OF HIS STUDY.

HIS FULL STUDY IS ATTACHED TO THE AGENDA ITEM THIS MORNING, AVAILABLE ON YOUR IPAD.

AND THEN WE HAVE HARD COPIES OF HIS FULL REPORT ALONG WITH HIS PRESENTATION AVAILABLE OVER HERE TO MY LEFT IF ANYBODY NEEDS A HARD COPY AS WELL.

SO WITH THAT, LET ME TURN IT OVER TO DR. STEVE NIVIN.

>> MORNING, MAYOR AND CITY COUNCIL.

THANK YOU FOR THE OPPORTUNITY TO COME HERE THIS MORNING AND PRESENT THE STUDY I DID ON THE ECONOMICS AND FISCAL IMPACTS TO THE PROPOSED AMENDMENTS TO THE CITY OF SAN ANTONIO CHARTER.

AS BEN NOTED, THE TEXAS LOCAL GOVERNMENT CODE CALLS FOR A FISCAL IMPACT ASSESSMENT OF PROPOSED CITY CHARTER CHANGES.

THIS STUDY PROVIDES THAT ANALYSIS AND WE LOOK AT THE ECONOMIC AND FISCAL IMPACTS OF THESE PROPOSED AMENDMENTS.

THE MAIN IMPACTS WILL BE DERIVED FROM THE UNCERTAINTY THAT THE AMENDMENTS CREATE.

THIS COULD COME FROM MOSTLY POLICY UNCERTAINTY THAT WILL LOWER ECONOMIC GROWTH.

THERE'S A VAST AMOUNT OF RESEARCH ON THIS, AND I'LL GET INTO THIS IN A LITTLE MORE DETAIL AS WE GO THROUGH THE DISCUSSION.

BUT POLICY [INDISCERNIBLE] CAUSES A REDUCTION IN BUSINESS INVESTMENT, CONSUMER SPENDING, MACROECONOMIC UNCERTAINTY OVERALL, WOULD MAKE RECESSIONS MORE SEVERE, INHIBIT OUR ABILITY TO RECOVER FROM THEM QUICKLY.

FOR EXAMPLE, WITH THE

[00:35:01]

AMENDMENTS, IF THEY GO INTO EFFECT, THIS IS LOOKING TO MOVE TO SAN ANTONIO AND DECIDE I'M NOT REALLY INTERESTED IN GOING TO A CITY WHERE I HAVE TO -- I RUN THE RISK OF GOING THROUGH THIS REFERENDUM PROCESS.

SAME AS THE OVERALL ECONOMIC GROWTH SLOWS, CONSUMER SPENDING WILL SLOW.

SO YOU GET THOSE TYPES OF EFFECTS THAT HAPPEN.

THE UNCERTAINTY REGARDING MANAGEMENT OF THE BUDGET, PROVISION OF PUBLIC SERVICES WILL ALSO REDUCE ECONOMIC GROWTH.

THIS WILL AFFECT QUALITY OF LIFE ISSUES RELATED TO CITY SERVICES.

WEAKEN THE ECONOMIC ENVIRONMENT AND AS WELL IMPEDE ECONOMIC DEVELOPMENT OVERALL.

AGAIN, THIS WILL IMPEDE OUR ABILITY TO ATTRACT BUSINESSES, TO RETAIN BUSINESSES, TO ENCOURAGE THEM TO EXPAND, TO ATTRACT TALENT THAT WE NEED TO CONTINUE TO GROW TO PUT IN PLACE THE POLICIES AND INFRASTRUCTURE AND THAT FOR OUR CITY TO BE COMPETITIVE WITH OTHER CITIES THROUGHOUT THE COUNTRY AND THE WORLD.

OVERALL I THINK IT WILL SLOW ECONOMIC GROWTH IF THESE GO INTO EFFECT.

ACCORDING TO THE RESEARCH, SMALL INCREASES IN UNCERTAINTY.

IF YOU JUST SORT OF SUMMARIZE THE BODY OF RESEARCH, WILL LEAD TO A DECLINE IN OUTPUT GROWTH BETWEEN .4 AND 1.25 PERCENTAGE POINTS.

YOU'LL SEE THAT COME UP AS WE GO THROUGH THE ANALYSIS.

THE IMPACTS THAT WE MEASURED INCLUDE REDUCTIONS IN CITY OF SAN ANTONIO REVENUES DUE TO THIS SLOWER ECONOMIC GROWTH, THE CROWDING OUT OF NON-PUBLIC SAFETY SERVICES, INCREASED INTEREST COSTS ON DEBT DUE TO THE LOWER BOND RATING, THE COST TO ADMINISTER THE ELECTIONS, AND WAGE COMPRESSION.

LET ME GET A LITTLE NERDY ON YOU FOR A BIT AND TALK ABOUT THE METHODOLOGY VERY BRIEFLY.

IT'S OF COURSE DISCUSSED IN MORE DETAIL IN THE REPORT.

BUT THE GROWTH SCENARIOS ARE BASED ON EXTENSIVE REVIEW OF ACADEMIC RESEARCH, AND WE USE THAT AS THE FOUNDATION -- AS YOU'LL SEE HERE IN A SECOND -- TO DO THE PROJECTIONS WE NEEDED TO DO ON THE EFFECTS OF THE UNCERTAINTY AND ITS EFFECT ON ECONOMIC GROWTH AND FISCAL IMPACTS TO THE CITY.

WE COMPARED THE GROWTH IN SAN ANTONIO GDP USING THE HISTORICAL GROWTH RATE FROM 2003 THROUGH 2016 AND ASSUMED THAT WOULD CARRY FORWARD THROUGH THE ANALYSIS PERIOD THROUGH 2038.

WE THEN COMPARED THAT TO FOUR DIFFERENT SCENARIOS OF SLOWING GROWTH.

AS YOU SEE THERE, 1.25% SLOWER GROWTH, .4% SLOWER GROWTH.

WE'RE PULLING THAT FROM THE LITERATURE.

BUT ALSO WENT IN AND LOOKED AND SAID, ALL RIGHT, LET'S LOOK AT THIS AND SEE MAYBE GROWTH DOESN'T SLOW QUITE THATCH THAT MUCH.

BY THE PHASE SLOWING OF GROWTH WHAT I DID WAS TOOK THE FIRST YEAR OF IMPACT, WHICH WE ASSUME THE IMPACTS WOULD NOT BEGIN UNTIL 2020.

THAT GROWTH WOULD SLOW BY .4 PERCENTAGE POINTS.

THE NEXT YEAR WOULD SLOW TO BY .25 PERCENTAGE POINTS.

IT WOULD BE IN 2021.

AND THEN THE THIRD YEAR OF THE IMPACTS IN 2022 IT WOULD SLOW BY .1 PERCENTAGE POINTS, AND EVERY YEAR THEREAFTER.

YOU NEED TO KEEP IN MIND, I THINK THIS IS AN IMPORTANT POINT TO MAKE, IS THAT IMPACTS, AS YOU'LL SEE HERE IN A LITTLE BIT, ARE NOT ONE-OFF IMPACTS.

THEY PERSIST THROUGH TIME.

AND IF YOU LOOK AT THIS NEXT GRAPH YOU'LL SEE THAT THE PROJECTIONS THAT WE MADE FOR THL AVERAGE GROWTH RATES.

THAT'S THE BLUE LINE AT THE TOP SHOWING THE FASTEST GDP GROWTH AND THEN 1.25% LESS GROWTH.

THE RED LINE IN THE MIDDLE THERE INDICATES GROWTH HAS SLOWED BY .4 PERCENTAGE POINTS.

THE GRAY LINE INDICATES A GROWTH HAS SLOWED BY 1.25 PERCENTAGE POINTS.

YOU CAN SEE THAT GAP AS IT GROWS EVERY TIME, BECAUSE THIS SLOWING OF GROWTH ACCUMULATES OVER TIME AND THE DIFFERENCE IN THE REVENUES THAT WOULD FLOW TO THE CITY AS GROWTH SLOWS BETWEEN THE

[00:40:01]

HISTORICAL GROWTH RATE AND THE DIFFERENT SCENARIOS IS THE LOST REVENUE THAT THE CITY WOULD NOT OTHERWISE RECEIVE DUE TO THE UNCERTAINTY CREATED BY THE AMENDMENTS.

IF YOU LOOK AT THE NEXT GRAPH, AND THIS ONE IS KIND OF DIFFICULT TO SEE THE DIFFERENCE, BUT THE GROWTH SCENARIOS AREN'T QUITE AS LARGE, SO THE .1% SLOWER GROWTH AND THE PHASED GROWTH.

THE .1% AND THE PHASED GROWTH ARE NOT THAT MUCH DIFFERENCE TO THEM, SO THEY ARE THAT LOWER LINE.

YOU CAN SEE THE LITTLE GAP THERE.

BUT EVEN WITH THAT LITTLE GAP THE IMPACTS ARE QUITE SUBSTANTIAL, AS YOU'LL SEE HERE IN A MINUTE.

NOW THIS TABLE SHOWS THE DECLINE IN REVENUES THAT WILL OCCUR BECAUSE OF THIS SLOWING IN ECONOMIC GROWTH.

THERE'S A LOT OF NUMBERS HERE.

I'M NOT GOING TO TALK ABOUT EACH ONE OF THEM, BUT JUST TO LOOK AT THE RANGE.

IF YOU LOOK AT THE GENERAL FUND REVENUES UNDER EACH OF THE DIFFERENT SCENARIOS, THE AVERAGE ANNUAL REDUCTION OVER THIS 20-YEAR PERIOD WILL RANGE FROM ABOUT $17.7 MILLION TO A LITTLE OVER $202 MILLION.

THE CUMULATIVE EFFECTS OVER THIS 20-YEAR PERIOD WILL BE IN THE RANGE, AT THE LOWEST GROWTH RATE WILL BE $353.4 MILLION IN LOST REVENUES.

UP TO A LITTLE OVER $4 BILLION IN POTENTIAL LOST REVENUES TO THE CITY.

AND YOU CAN SEE IN THE TOTAL REVENUES THAT THAT BOTTOM PANEL, THE AVERAGE ANNUAL REDUCTION WILL BE ABOUT $30.6 BILLION UP TO A LITTLE OVER $350 MILLION, $30.6 MILLION, I SHOULD SAY TO $350 MILLION.

THE CUMULATIVE REDUCTION OVER THE 20-YEAR PERIOD WILL BE ABOUT $612 MILLION UP TO $7 BILLION IN TOTAL REDUCTIONS IN REVENUES.

WE ALSO LOOKED AT THE CROWDING OUT OF NON-PUBLIC SAFETY SERVICES.

AND THIS TABLE SHOWS THOSE IMPACTS.

THIS LOOKS AT THE DECLINE IN GENERAL FUND REVENUES IN RELATION TO THE INCREASE IN PUBLIC SAFETY EXPENDITURES BASED ON THEIR AVERAGE ANNUAL GROWTH RATE.

SO WHAT WE HAVE GOING ON HERE IS WE HAVE A DECLINE IN REVENUES DUE TO SLOWING ECONOMIC GROWTH WITH THE POTENTIAL FOR INCREASING EXPENDITURES IN PUBLIC SAFETY.

SO THE BUDGET GETS SQUEEZED FROM BOTH ENDS AND RESULTS IN THE CROWDING OUT OF NON-PUBLIC SAFETY SERVICES.

IN OTHER WORDS, THE CITY IS EITHER GOING TO HAVE TO REDUCE THE LEVEL OF THESE OTHER SERVICES, NON-PUBLIC SAFETY SERVICES, OR FIND OTHER REVENUE SOURCES.

AND SO THIS IS A MAJOR OF THAT.

IN THAT MIDDLE PANEL YOU CAN SEE THE PERCENT OF GENERAL FUND REVENUES THAT THE PUBLIC SAFETY EXPENDITURES WILL CONSUME.

IN 2021 IT'S PRETTY MUCH 66% ACROSS.

IT INCREASES TO 68% UNDER THE 1.25% LOWER ECONOMIC GROWTH SCENARIO.

BY 2038 PUBLIC SAFETY CONSUMES ANYWHERE FROM 84% TO EVEN, IF YOU JUST RAN IT ON OUT, IT WOULD EXCEED THE GENERAL FUND REVENUES.

UNDER THAT SCENARIO OF 1.25% LOWER GROWTH, PUBLIC SAFETY ACTUALLY CONSUMES THE ENTIRE GENERAL FUND BUDGET IN 2037 BY THESE PROJECTIONS.

SO IF YOU TAKE THE DIFFERENCE BETWEEN THE PERCENTAGE OF THE PUBLIC SAFETY EXPENDITURES BUDGET IS 66%.

WHAT THOSE EXPENDITURES ARE COMPARED TO THE GROWTH AND EXPENDITURES.

YOU CAN SEE THE AMOUNT OF CROWDING OUT THAT WILL OCCUR.

THIS WOULD RANGE IN 2021, AND THIS IS 2021, THIS IS THE FIRST YEAR IN WHICH THE CROWDING OUT WOULD START TO OCCUR ACROSS ALL FOUR SCENARIOS.

IT WOULD RANGE FROM ABOUT 519,000 UP TO $19.3 MILLION, DEPENDING ON, AGAIN, THE SLOWING OF GROWTH.

THIS WILL EXPAND IT.

IT WILL AS YOU GO BACK TO THAT GRAPH WHERE THE LINES, GROWTH STARTS TO PULL APART FROM WHAT WOULD BE OUR HISTORICAL -- OR BASED ON HISTORICAL GROWTH WITH NO SLOWING, THE CROWDING OUT WILL CONTINUE TO INCREASE AS WE MOVE THROUGH THE YEARS DUE TO THIS CONTINUED SLOWING ECONOMIC GROWTH.

IN 2038 THE IMPACTS, OR THE CROWDING OUT OF NON-PUBLIC SAFETY SERVICES WILL AMOUNT IN THE RANGE OF ABOUT $408 MILLION TO $693 MILLION.

AGAIN, DEPENDING ON THE LEVEL OF SLOWING OF THE GROWTH.

WE ALSO LOOKED AT THE IMPACT THAT THIS WILL HAVE ON THE BOND RATING AND THE INCREASE IN INTEREST COST.

THE UNCERTAINTY THAT THE

[00:45:01]

AMENDMENTS WILL CREATE, IF THEY GO INTO EFFECT, WILL NEGATIVELY AFFECT THE BOND RATING AND INCREASE THE INTEREST COSTS.

AND THESE ESTIMATES HERE PROVIDE FIGURES ON THOSE INCREASED INTEREST COSTS BASED ON $2.5 BILLION ISSUANCE IN DEBT.

YOU CAN SEE THE RANGE THERE, THE LOW RANGE IF THERE'S JUST A ONE-LEVEL DROP THE COST WILL BE $17.5 MILLION.

IF QUESTION GET A THREE-LEVEL DROP AT THE HIGH RANGE IT COULD BUMP UP TO $132.5 MILLION.

NOW WE TAKE ALL THESE IMPACTS TOGETHER AND LOOK AT THE OVERALE EFFECT.

TO SUMMARIZE ALL THIS, THE IMPACTS TO THE CITY OF SAN ANTONIO WILL BE IN THE RANGE OF $382.3 MILLION TO $4.2 BILLION OVER 20 YEARS.

SHOULD ADD TO THIS THIS ALSO INCLUDES THE COST TO ADMINISTER THE ELECTIONS, WHICH IS ESTIMATED AT ABOUT $600,000 PER ELECTION.

SO $382.3 MILLION TO $4.2 BILLION OVER 20 YEARS WILL BE THE FISCAL IMPACT TO THE CITY.

ON TOP OF THAT WE'LL HAVE THE CROWDING OUT OF NON-PUBLIC SAFETY EXPENDITURES IN THE RANGE OF $408.3 MILLION TO $693.3 MILLION BY 2038.

THANK YOU FOR YOUR TIME.

APPRECIATE THE OPPORTUNITY TO BE HERE.

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

WE'RE GOING TO TAKE UP 5 AND 6 TOGETHER.

AS A REMINDER, THE COUNCIL WILL NOT BE DISCUSSING OR CONSIDERING THESE PETITIONS TODAY.

INSTEAD WE ARE SIMPLY PERFORMING THE REQUIRED MINISTERIAL ACT OF PLACING THE MEASURES ON THE BALLOT FOR NOVEMBER.

CONSEQUENTLY WE'LL BE LIMITING

[6. Ordinance ordering an election for three City Charter Amendments proposed by the Fire Union to be held on Tuesday, November 6, 2018, in the City of San Antonio, Bexar County, Texas. [Andrew Segovia, City Attorney]]

DEBATE AND WE'LL BRING UP ITEM 6 NOW.

>> GOOD MORNING, MAYOR.

WHAT I WOULD LIKE TO DO THIS MORNING IS, AGAIN, LEVEL SET THE COUNCIL AND THE PUBLIC AS TO WHAT EXACTLY THE CITY COUNCIL IS GOING TO BE DOING THIS MORNING WITH RESPECT TO THE THREE PROPOSED CITY CHARTER AMENDMENTS.

AND WE'LL TRY TO DO THAT NEXT.

AS BACKGROUND, ON APRIL 11 THE CLERK RECEIVED THREE PETITIONS THAT WERE SPONSORED BY THE FIRE UNION TO AMEND THE CITY CHARTER.

VERY GENERALLY THE FIRST ONE RELAXED THE REFERENDUM REQUIREMENTS AND EXPANDED THE SCOPE OF WHAT COULD BE OPEN TO REFERENDUM.

THE SECOND ONE LIMITS THE COMPENSATION AND TERM OF THE FUTURE CITY MANAGER AND ALSO SETS UP PARAMETERS OF HOW THAT CITY MANAGER'S HIRED.

THE THIRD, THE NEXT ONE, WOULD ALLOW THE FIRE UNION TO CALL FOR BINDING ARBITRATION DURING COLLECTIVE BARGAINING NEGOTIATIONS.

THE CITY CLERK CERTIFIED THE SIGNATURE ON MAY 17, 2018.

AND UNDER STATE LAW WHAT THE COUNCIL THEN IS REQUIRED TO DO IS PLACE THOSE PROPOSED CITY CHARTER AMENDMENTS FOR THE ELECTORATE ON NOVEMBER 6, 2018.

AGAIN, THIS IS A LITTLE BIT DIFFERENT THAN WHAT THE COUNCIL WILL DO WITH A PETITION FOR PUTTING AN ORDINANCE BEFORE YOU.

BUT UNDER STATE LAW WE'RE TALKING ABOUT A CITY CHARTER AMENDMENT YOU'RE SIMPLY REQUIRED TO PUT THAT ON THE NEXT UNIFORM ELECTION.

JUST AGAIN TO GO OVER WHAT THE ACTUAL PROPOSALS ARE.

THE FIRST PROPOSAL ACTUALLY DOES THREE THINGS.

IT EXPANDS THE SUBJECT MATTER WHICH ORDINANCES CAN BE APPLIED FOR REFERENDUM.

IT INCLUDES MONEY, LEVIES OF TAX, GRANTING OF FRANCHISE, PUBLIC UTILITY RATES, AND ZONING.

OUR CURRENT CITY CHARTER PUTS THESE AREAS OUTSIDE THE AREA OF A REFERENDUM WHERE A PETITION CAN BE PUT BEFORE THE COUNCIL.

PROPOSITION A ALSO INCREASES THE NUMBER OF DAYS THAT SOMEBODY HAS TO COLLECT THE SIGNATURES.

IT INCREASES THAT FROM 40 DAYS AFTER AN ORDINANCE IS ADOPTED BY COUNCIL AND EXPANDS THAT TO 180 DAYS.

FINALLY, WHAT THE PROPOSITION A DOES IS IT LOWERS THE THRESHOLD OF THE AMOUNT OF SIGNATURES NEEDED TO HAVE A REFERENDUM PETITION FROM THE CURRENT TENTH PERCENT OF ELECTORATES QUALIFIED TO VOTE IN THE LAST MUNICIPAL ELECTION, WHICH RIGHT NOW THAT'S APPROXIMATELY 70,000 SIGNATURES, AND THAT'S UNDER THE PROPOSAL THAT WOULD BE REDUCE TO 20,000 SIGNATURES.

PROPOSITION B AGAIN WOULD APPLY TO THE FUTURE CITY MANAGER.

LIMITS THE TERM OF THAT FUTURE CITY MANAGER TO NO MORE THAN EIGHT YEARS.

IT ALSO LIMITS THE COMPENSATION OF THE CITY MANAGER TO NO MORE THAN TEN TIMES THE LOWEST-PAID FULL-TIME CITY EMPLOYEE.

FINALLY, WHAT THE PROPOSITION REQUIRES IS A SUPER MAJORITY OF THE COUNCIL TO APPOINT THE NEXT

[00:50:04]

CITY MANAGER.

PROPOSITION C, AGAIN, WHAT THAT WOULD DO WOULD BE PROVIDING THE FIRE UNION WITH THE UNILATERAL AUTHORITY TO REQUIRE TO THE CITY TO PARTICIPATE IN BINDING ARBITRATION ON ALL ISSUES THAT ARE IN DISPUTE UNDER THE CURRENT COLLECTIVE BARGAINING NEGOTIATIONS.

SO THAT'S WHAT THE THREE PROPOSITIONS DO.

NEXT, AS TO WHAT THE ACTION IS REQUIRED BY COUNCIL.

AGAIN, UNDER STATE LAW ONCE THE CITY CLERK CERTIFIES THE SIGNATURES THE COUNCIL REALLY VOTES TO CALL THE ELECTION.

UNDER PREVAILING STATE LAW THIS IS DEFINED AS A MINISTERIAL ACT.

WHAT IS A MINISTERIAL ACT? A MINISTERIAL ACT IS AN ACT BY A GOVERNMENT BODY, LIKE THE COUNCIL.

BUT WHAT YOU'RE DOING IS ACTING IN A VERY PRESCRIBED MANNER THAT'S DICTATED BY A HIGHER AUTHORITY.

IN THIS CASE, IT'S STATE LAW.

SO PRACTICALLY WHAT THAT MEANS IS THE COUNCIL IS NOT CONSIDERING THE PETITIONS ON THEIR MERIT.

THEY'RE NOT CONSIDERING THE POLICIES, PLUSES OR MINUSES, AND SO THERE WILL BE NO DISCUSSION OR DEBATE ON THE PETITIONS.

RATHER YOU'RE SIMPLY CALLING THE ELECTION FOR THE PETITIONS, WHICH IS REQUIRED UNDER STATE LAW.

WHAT ARE THE NEXT STEPS? THE NOTICE OF THE ELECTION WILL BE PUBLISHED IN THE NEWSPAPER.

THE NOTICE WILL INCLUDE ESSENTIALLY THE PROPOSED AMENDMENTS, THE CONTENT OF THOSE, THE ANTICIPATED FISCAL IMPACT, AS DR. NIVIN ALREADY PRESENTED, AND THE ELECTION WILL BE HELD ON TUESDAY, NOVEMBER 6, 2018.

AND AS WE NORMALLY DO WE'LL CONTRACT WITH THE BEXAR COUNTY ELECTIONS ADMINISTRATOR FOR THE ACTUAL IMPLEMENTATION AND CONDUCT OF THE ELECTION.

MAYOR, THAT CONCLUDES THE PRESENTATION.

>> MAYOR NIRENBERG: OKAY.

THANK YOU, ANDY.

WE HAVE SOME CITIZENS SIGNED UP TO SPEAK.

AS A REMINDER, AGAIN, THIS IS A MINISTERIAL ACT BEING PERFORMED BY THE CITY COUNCIL, SO PLEASE CONTAIN YOUR COMMENTS TO THAT ACTION OF PLACING THEM ON THE BALLOT.

I'LL START WITH BOB MARTIN.

>> GOOD MORNING.

FOR THE RECORD, MY NAME IS BOB MARTIN.

I SERVE AS PRESIDENT OF THE HOMEOWNER TAXPAYER ASSOCIATION OF BEXAR COUNTY.

THE HTA STRONGLY SUPPORTS THE FIREFIGHTER CHARTER AMENDMENTS.

MAYOR, YOU AND YOUR ALLIES HAVE DEMONIZED THE ASSOCIATION LEADERSHIP, THE CHARTER AMENDMENTS, AND EVEN THE SUPPORTERS OF THE AMENDMENTS.

AND YOU HAVE EMPLOYED THE USUAL SCARE TACTICS.

THIS IS POLITICS.

HOWEVER, THE ELEVENTH HOUR LAWSUIT AGAINST THE FIREFIGHTERS ASSOCIATION WAS AN ILL-CONCEIVED ATTEMPT TO STOP THE PEOPLE FROM VOTING.

YOU SHOULD BE ASHAMED.

IT SEEMS POLITICIANS AND SPECIAL INTEREST GENERALLY FEAR VOTER INTERFERENCE AND THEIR PLANS.

HOWEVER, ELECTIONS AND THE PEOPLE'S RIGHT TO VOTE IS THE CORNERSTONE OF DEMOCRACY.

AS A RESULT, IT APPEARS THE MAJOR ISSUE YOU HAVE IS THE AMENDMENT TO IMPROVE THE PETITION PROCESS.

REDUCING THE NUMBER OF SIGNATURES FROM 70,000 TO 20,000 SHOULD NOT BE VIEWED AS A THREAT.

IN FACT, THE NUMBER OF SIGNATURES IS EXACTLY THE SAME NUMBER REQUIRED TO AMEND THE CHARTER.

FURTHERMORE IT ONLY ALLOWS AN ORDINANCE TO BE PLACED ON THE BALLOT FOR CONSIDERATION BY ALL VOTERS.

HAVING BEEN INVOLVED IN GATHERING SIGNATURES, 20,000 IS STILL A VERY HIGH HURDLE.

IT IS NOT ONLY EXPENSIVE, BUT IT'S ALSO VERY TIME CONSUMING.

IN OTHER WORDS, IT'S HARD TO DO.

IT'S TIME TO LET THE PEOPLE DECIDE.

THIS NOVEMBER LET THE PEOPLE VOTE ON THE CHARTER AMENDMENTS.

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

NICKI COONS.

>> OKAY.

I HAVE BEV ADAMS HERE.

SHE'S GIVING ME HER TIME ALSO.

>> MAYOR NIRENBERG: WHAT'S YOUR NAME, MA'AM?

>> BEVERLY ADAMS.

>> MAYOR NIRENBERG: BEVERLY ADAMS, YOU'RE NOT SIGNED UP TO SPEAK.

>> YES, I AM.

>> MAYOR NIRENBERG: WHAT NUMBER? 10? I DON'T HAVE THAT SHEET.

OKAY.

I SEE IT.

OKAY.

YOU HAVE FOUR MINUTES, MS. COONS.

>> THANK YOU.

AND I HAVE A VIDEO.

IF YOU COULD PLAY THAT, PLEASE.

THANK YOU.

THIS IS FROM THE NORTHEAST NEIGHBORHOOD ALLIANCE MEETING.

THIS IS THE PAC, CHRISTIAN ARCHER SPEAKING.

>> YOU HAVE A DOCUMENTATION TO SHOW THAT OUR RATING WILL

[00:55:01]

DECLINE?

>> YES, MA'AM.

SO MOODY'S JUST PUT OUT AN ALERT.

WE ALSO HIRED A GUY, AN ECONOMIST FROM SOUTH TEXAS.

HE WORKS HERE.

HIS NAME IS STEVE NIVIN.

HE'S DOING AN ENTIRE ECONOMIC ANALYSIS ON THE IMPACT OF A DOWNGRADING OF WHAT IT DOES.

YOU ASKED ME IF I SPECIFICALLY HAVE --

>> I WANT TO KNOW IF YOU WILL MAKE IT PUBLIC THIS NOTIFICATION.

>> YES, MA'AM.

IT'S COMING SOON.

AND CPS JUST GOT THEIRS LAST WEEK.

WE'RE GOING TO MAKE IT ALL PUBLIC.

BECAUSE IT'S PART OF THE CAMPAIGN.

>> OKAY.

AS YOU SAW AT THIS MEETING MR. ARCHER MADE CLAIMS ABOUT AN ALERT LETTER FROM MOODY'S.

WHEN I DID OPEN REQUESTS BOTH TO CPS, SAWS, AND THE CITY THERE WAS NO RECORD OF THIS.

IN FACT, SAWS SURPRISINGLY WAS THE MOST HONEST OF THE THREE.

THEY SENT ME AN ATTACHED RESPONSE.

IT SHOULD BE IN YOUR HANDOUT.

IT SAYS SAWS DOES NOT HAVE ANY RECORDS THAT ARE RESPONSIVE TO THIS REQUEST.

INSTEAD, THE CITY AND CPS SENT ALL KINDS OF BOND RATING REPORTS.

COINCIDENTALLY AT THE VERY END MR. ARCHER REVEALED MR. STEVE NIVIN'S NAME, WHICH WAS BOTH SURPRISING AND UNSETTLING BECAUSE HE WAS SCHEDULED TO ADDRESS YOU TODAY.

SO HE'S WORKING FOR THE PAC AND HE'S REPORTING TO YOU.

EVEN TO A CASUAL OBSERVER IT WOULD SEEM UNLIKELY THAT HE CAN IMPARTIALLY REPORT BOTH SIDES OF THIS ISSUE.

SHOULDN'T COUNCIL HEAR BOTH SIDES? WHAT IS MS. SCULLEY AND HER FINANCIAL TEAM AFRAID OF? WHY BRING THIS UP NOW? WELL, AFTER THE REVELATION THAT CITY MANAGER SHERYL SCULLEY WAS DISPARAGING UNION PRESIDENT CHRIS STEEL, THE DECEPTION OF THE PAC, ARCHER ALSO CONTINUALLY SAID IT WOULD ONLY REQUIRE 10,000 SIGNATURES.

NOW, HE WORKS FOR THEM.

HE SHOULD KNOW.

I DON'T KNOW IF THIS WAS DELIBERATE OR NOT BUT THERE'S NO LETTER AND HE MADE THESE FALSE STATEMENTS.

AND THE SELECTION OF MR. NIVIN TO ADDRESS YOU HAS REACHED A LEVEL OF DECEPTION.

I DON'T THINK YOU SHOULD ALLOW.

FURTHERMORE, I WANTED TO SHARE WITH YOU INFORMATION ABOUT BOND RATING AGENCIES THAT I WAS AFRAID MR. NIVIN WOULD LEAVE OUT THAT I DID NOT KNOW AND THE PUBLIC IS NOT AWARE OF.

BOND RATING AGENCIES ARE PAID BY THE ISSUER.

THAT WOULD BE THE CITY.

AND THAT IS A CONFLICT OF INTEREST.

BOND RATING AGENCIES GET INFORMATION THEY USE IN THEIR ANALYSIS FROM THE ISSUER, THE CITY.

THE CITY COULD NOT OR DID NOT PRODUCE THE MOODY'S LETTER REFERENCED BY ARCHER.

THE BOND DEBT RATING REPORTS THEY SENT ME WERE ISSUED EIGHT TO TEN DAYS AFTER ARCHER MADE HIS CLAIMS. SO THE QUESTION BECOMES DID THE INFORMATION ABOUT IMPENDING DOOM RESULT FROM THE FIREFIGHTER CHARTER IMPROVEMENTS? OR DID THEY ACTUALLY ORIGINATE WITH THE CITY MANAGER AND HER FINANCE DEPARTMENT IN INFORMATION THEY PASSED TO THE BOND RATING AGENCIES? OR, PERHAPS FROM MR. NIVIN'S REPORT.

SO IN CONCLUSION, WILL YOU COUNCIL MEMBERS INVESTIGATE THIS OR SHOULD WE, THE CITIZENS, CONTACT THE SEC? THANK YOU VERY MUCH.

>> MAYOR NIRENBERG: THANK YOU, MS. COONS.

DAGNEY FLORINE.

>> I'M GIVING MY TWO MINUTES TO MR. GEORGE LEJOS.

>> MAYOR NIRENBERG: I'LL CALL YOU UP.

YOU'RE UP RIGHT AFTER BETTY ECKER.

>> EACH SPEAKER IS ALLOWED FOUR MINUTES?

>> MAYOR NIRENBERG: TWO MINUTES.

YOU WILL HAVE FOUR MINUTES WHEN YOU COME UP.

IS JANET AMAD HERE? YOU'RE GIVING YOUR TIME TO MR. ALLEJOS? SUSAN STRAUS.

SORRY, MARIA JERESE.

>> GOOD MORNING.

MY NAME IS MARIA JERESE AND I AM HERE THAT I SUPPORT THIS AMENDMENTS TO BE PUT ON THE BALLOT AND LET THE PEOPLE SPEAK.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, MS. JERESE.

STANLEY MITCHELL.

>> GOOD MORNING, COUNCIL.

I'M STAN MITCHELL, THE NUMBERS GUY FROM SAN ANTONIO MAKING BUREAUCRACIES ACCOUNTABLE.

[01:00:01]

>> MAYOR NIRENBERG: ONE MINUTE.

RHETT, ARE YOU HERE? WHO ELSE? JIM STANLEY?

>> JIM KELLER.

>> MAYOR NIRENBERG: GO AHEAD.

>> I'M GOING TO HAVE TO DO SOME HEAVY EDITING BECAUSE WE ANTICIPATED A NINE MINUTE OPPORTUNITY AND WE HAVE A SIX-MINUTE OPPORTUNITY, SO TRY TO KEEP UP WITH MY SPEECH.

I WANT TO THANK DR. NIVIN FOR HIS CLARIFYING PRESENTATION.

HE IS RESPONDING IN PART TO OUR COALITION'S AUGUST 11 LETTER TO HIM DESCRIBING THE SETTING FOR HIS PRESENTATION TODAY.

I HAVE A COPY OF OUR LETTER FOR YOUR REVIEW.

OUR NIVIN LETTER BEGAN BY EXPRESSING APPRECIATION FOR HIS ACADEMIC SPECIALTY COST BENEFIT ANALYSIS, WHICH HAPPENS TO BE MY FOCUS AS WELL.

I WROTE DR. NIVIN BECAUSE I SAW IN HIS FINANCIAL EXPERTISE AND PERSPECTIVE FROM OUTSIDE CITY GOVERNMENT ONE WHO MIGHT SETTLE LONGSTANDING ISSUES I HAVE RAISED, SHARING WITH HIM THREE ELEMENTS OF CORRUPTION WE HOPED HE WOULD HELP US RESOLVE.

SAW'S ATTORNEY REPORTED TO THE REGION PLANNING GROUP A VISTA RIDGE PROJECT COST OF $3.4 BILLION.

ARE YOU LISTENING? $3.4 BILLION.

NEWS TO YOU TOO, HUH? AND I BET IT EXCLUDES THE INTEREST COST OF THE DEBT REQUIRED TO FINANCE IT AND SO ADD ANOTHER 60% OVER THE LIFE OF THE PROJECT TO $5.4 BILLION.

DR. NIVIN HAS BEEN THROWING AROUND SOME VERY BIG NUMBERS.

AND THEY ARE THE PRODUCT OF COMPOUNDING.

YOU KNOW WHAT HAPPENS TO SAVINGS IF YOU LET THEM SIT THERE FOR 20 YEARS.

THEY TEND TO GROW.

SO BY PUTTING A SMALL INCREMENT IN AND COMPOUNDING IT YOU END UP WITH SOME MAGNIFICENT NUMBERS AT THE END.

WHAT KIND OF COMPOUNDING WILL WE SEE RELATIVE TO THE VISTA RIDGE CORRUPTION? THEN THERE WAS THE CITY GOVERNMENT'S MISREPRESENTATION, THEIR $850 MILLION BOND PROGRAM.

WE HAVE GONE OVER THAT REPEATEDLY.

WE WITHHELD THE INTEREST AND ISSUANCE COSTS RELATED TO THAT.

AND THEN I INCLUDED WITH THE LETTER TO DR. NIVIN A LETTER CALLED, QUOTE, OUR CITY CHARTER'S CORRUPT ENVIRONMENT, UNQUOTE.

DESCRIBES MAYOR NIRENBERG'S ILLEGAL CONSTITUTING OF OUR CHARTER REVIEW COMMISSION IN WHICH FIVE FIREFIGHTER PETITIONS WILL BE PROCESSED.

IT ALSO DRAWS [INDISCERNIBLE] CHAIR OF THE ETHICS SUBCOMMITTEE OF THE CHARTER REVIEW COMMISSION INTO THIS POLITICAL STEW.

HERE ARE COPIES OF MY AUGUST 11 LETTER TO DR. NIVIN.

THAT'S FOLDER NUMBER ONE FOR THOSE HELPING WITH THE DISTRIBUTION.

CONCERNING -- IF WE'RE GETTING BACK TO COST BENEFIT ANALYSIS, DR. NIVIN PARROTED CHRISTIAN ARCHER.

NICKI COONS VIDEOED HIS CLAIM THAT A MOODY'S ALERT HAD BEEN RECEIVED AND HE WOULD MAKE IT PUBLIC SOON.

UNLESS YOU CAN PRODUCE THAT DOCUMENT, PROFESSOR, ARCHER LIED.

THERE IS NO MOODY'S CHART THAT THREATENS THE RATING REDUCTION IN RESPONSE TO THE FIREFIGHTER PETITIONS AND THERE WILL NOT BE ONE.

I HAVE HERE A JANUARY 2017 PRESS RELEASE FROM THE DEPARTMENT OF JUSTICE THAT ASSIGNS AN $864 MILLION SETTLEMENT ON MOODY'S BECAUSE THEY FAILED TO -- BECAUSE OF THEIR FAVORABLE RATING OF COLLATERAL DEBT OBLIGATIONS DEMONSTRATED THEIR DEBT RATINGS COULD BE BOUGHT, AND WERE.

THE DOJ FORCED MOODY'S TO COMMIT TO, QUOTE, NEW COMPLIANCE MAJORS INCLUDING ITS MANAGEMENT OF CONFLICT OF INTEREST.

AS NICKI SAID, OUR CITY PAYS MOODY'S FOR THEIR DEBT RATING SERVICE.

THAT IS A CONFLICT AUDIO].

ARCHER IS YOUR LEADER, MR. NIVIN AND YOU UNCRITICALLY ACCEPT HIS LEADERSHIP.

WHAT ABOUT SAN ANTONIO? YOU CAN DO SOME RESEARCH FOR ME.

WHAT HAS OUR SAN ANTONIO EXPERIENCE BEEN? I BELIEVE IT WAS IN 2006 IN AUDIO] OF A RATING DOWNGRADE BECAUSE THE FUND WAS TOO LOW.

SCULLEY INCREASED THE FUND WITH OUR TAX MONEY, BUYING A FAVORABLE RATING.

GOOD LUCK WITH YOUR SEARCH.

SO BOND RATINGS HAVE BEEN AND ARE BEING BOUGHT.

SO WHEN MR. ARCHER USED THEM AS THE GOLD STANDARD FOR CREDIT RATING, HE IS VERY MISTAKEN.

CONCERNING BENEFITS.

[01:05:01]

IF THE FIREFIGHTERS HAD BEEN -- PETITIONS HAD BEEN IN PLACE MAKING CITY GOVERNMENT ACCOUNTABLE TO THE PEOPLE, ONE, WOULD THE VISTA RIDGE PROJECT BEEN JAMMED DOWN OUR THROATS UNREGULATED BY OUR COUNCIL WITH THE TEXAS PUC DESIGNATED AS THE UTILITIES REGULATORS? TWO, WOULD HE HAVE BEEN DUPED BY AN UNDERSTATEMENT OF THE $850 MILLION BOND PROJECT WHICH THE ELECTORATE CAST [INDISCERNIBLE].

THREE, WOULD HE HAVE REMAINED POWERLESS AS NIRENBERG MANIPULATED THE CHARTER REVIEW.

THE FIREFIGHTER INITIATIVES HAVE BENEFITS THAT FAR OUTWEIGH THE COST DR. NIVIN HAS IDENTIFIED.

FINALLY, NIVIN IS NOT AN IMPARTIAL EXPERT WITNESS FROM OUTSIDE CITY GOVERNMENT.

RATHER HE IS CITY VENDOR NO.

102-9553 APPROVED FOR BUSINESS RESEARCH AND OTHER FUNCTION .

THE CITY IS PAYING FOR HIS PRESENTATION WHILE HE ADVOCATES FOR THE PAC USING OUR TAX MONEY TO FINANCE THE INSIDER'S PAC.

RECHECK REVELATION 32 ATTACHED TO OUR NIVIN LETTER.

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

JACK FINGER.

>> THERE'S MORE.

>> MAYOR NIRENBERG: JACK FINGER.

FOLLOWED BY PHIL SEVIA.

>> MR. MAYOR, ARE WE GETTING JUST TWO MINUTES OR THREE MINUTES TODAY?

>> MAYOR NIRENBERG: TWO MINUTES, SIR.

GO AHEAD.

>> TWO MINUTES.

WAS THERE AN ANNOUNCEMENT ABOUT SUCH, MR. MAYOR?

>> MAYOR NIRENBERG: YES.

GO AHEAD, JACK.

>> ALL RIGHT, MAYOR NIRENBERG AND OTHER MEMBERS OF OUR ILLUSTRIOUS SAN ANTONIO CITY COUNCIL.

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

LADIES AND GENTLEMEN, THE CHICKENS HAVE COME HOME TO ROOST TODAY.

WHAT YOU HAVE HERE IS A RESULT OF YOUR INATTENTION TO YOUR CONSTITUENTS.

THEY GOT TIRED, TIRED OF YOU NOT LISTENING TO THEM.

THEY GOT TIRED OF YOUR JUST SAYING THAT YOU HAVE NOT RAISED OUR TAXES WHEN IN FACT OUR TAX BILLS JUST THIS YEAR ARE GOING UP 7% OR 8%.

YOU WANT TO KNOW WHY PEOPLE SIGN THOSE PESKE -- PETITIONS? THAT'S WHY.

THEY'RE JUST TIRED, TIRED, TIRED OF BEING IGNORED BY YOU, THE CITY COUNCIL.

CONSEQUENTLY THEY WANT A CHANCE TO SPEAK TO GOVERN FOR THEMSELVES, GOVERN FOR THEMSELVES INSTEAD OF HAVING PEOPLE WHOM THEY ELECTED, THEY ELECTED IN ELECTIONS, IGNORING THEM.

THAT'S WHY THEY SIGNED THAT ITEM DEALING WITH LOWERING THE DRACONIAN NUMBER OF SIGNATURES NEEDED TO PLACE SOMETHING ON A BALLOT.

THAT'S WHY.

AND THEN THIS REPORT ABOUT HOW IT'S GOING TO AFFECT OUR ECONOMY.

WELL, I'M SORRY.

THAT'S THE RESULT OF YOUR INATTENTION.

AND THE RESULT OF A CITY MANAGER WHO DOESN'T FOLLOW THE RULES EITHER.

THANK YOU.

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

PHIL SEVIA FOLLOWED BY BOBBY MILLER.

>> GOOD MORNING, CITY COUNCIL MEMBERS.

I WANT TO ADDRESS THIS IN A VERY QUICK FASHION.

THIS REALLY IS VERY SIMPLE.

THE FIREFIGHTERS ASSOCIATION HAS DONE AN EXCELLENT JOB REPRESENTING THE PEOPLE OF SAN ANTONIO.

THEY ARE GIVING US AN OPPORTUNITY TO HAVE A VOICE.

NOW, THERE'S BEEN SOME OBSTRUCTION GOING ON BY THE ALLIES OF THE CITY.

AT THE TRIAL -- I'M SORRY, THE COURT HEARING YESTERDAY, THE JUDGE RULED, OKAY, THAT THERE WOULD NOT BE A RESTRAINING ORDER ON THIS ELECTION.

SO THE ASSOCIATION RAISED THE APPROPRIATE NUMBER OF PETITION SIGNATURES.

SO I BELIEVE YOUR ROLE IS TO ALLOW THE VOICE OF THE PEOPLE TO SPEAK, WHICH MEANS THAT THESE PROPOSITIONS SHOULD BE PLACED ON THE BALLOT IN NOVEMBER.

SO I ASK YOU TO DO YOUR JOBS BUT STOP THE OBSTRUCTION.

LET'S GET THIS DONE.

THE VOTERS OF SAN ANTONIO VOTED YOU INTO OFFICE.

RESPECT THEM.

RESPECT THEIR VOTE, OKAY, AND ALLOW T TO VOTE ON THESE

[01:10:01]

AMENDMENTS THIS FALL.

THANK YOU.

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

BOBBY MILLER FOLLOWED BY SUSAN STRAUS.

>> I'M GIVING MY TIME TO MR. RHETT SMITH.

>> MAYOR NIRENBERG: MR. SMITH, YOU GAVE UP YOUR TIME, SIR.

SO BOBBY, DO YOU WANT TO TAKE YOUR TWO MINUTES?

>> I'M NOT PREPARED TO SPEAK TODAY.

>> MAYOR NIRENBERG: ALL RIGHT.

SUSAN STRAUS.

>> [INAUDIBLE]

>> MAYOR NIRENBERG: THE MAXIMUM IS SIX MINUTES PERMITTED.

SUSAN, DO YOU WANT TO TAKE YOUR TIME TODAY? OKAY.

BETTY ECKERT.

>> GOOD MORNING.

I THINK YOU HAVE HEARD FROM THE PEOPLE AND I FEEL LIKE THAT THIS IS GOING TO BE THE RIGHT THING FOR YOU TO DO TO LISTEN NOW AND GET THIS ON THE BALLOT AND LET THE PEOPLE DECIDE.

YOU HAVE TWO THINGS TO DECIDE ON TODAY PERTAINING TO GETTING THINGS ON THE BALLOT.

90,000 PEOPLE HAVE SIGNED A PETITION TO GET IT ON THE BALLOT.

I KNOW MY COUNCILMAN AND OTHER COUNCILMEN SITTING ON THIS DAIS AND YOU, RON NIRENBERG, ALSO WANT TO LISTEN TO THE PEOPLE.

SO I'M COMING FROM A DIFFERENT PERSPECTIVE.

I KNOW YOU WILL DO THE RIGHT THING.

YOU CAN'T DO ANYTHING OTHER THAN DO THE RIGHT THING.

YOU'RE HERE AS OUR REPRESENTATIVE.

WE'RE PROUD OF OUR CITY COUNCIL.

YOU ARE REPRESENTING US AND WE EXPECT IT.

SO DO THE RIGHT THING.

LET IT BE VOTED ON.

IF THE PEOPLE DECIDE IT'S RIGHT, OKAY.

IF THEY DECIDE IT'S WRONG, OKAY.

BUT THEN YOU HAVE DONE YOUR JOB.

YOU HAVE REPRESENTED.

AS FAR AS OUR BONDS AND SO FORTH ARE CONCERNED, I AM SO TIRED OF THAT.

WE DON'T NEED ANY MORE BONDS.

WE DON'T NEED A BOND RATING.

WE NEED TO QUIT BORROWING MONEY AND BALANCE OUR BUDGET.

YOU NEED TO MAKE OUR CITY ACCOUNTABLE.

WE ARE IN DEBT.

LET'S CHANGE THAT.

AGAIN, I'M GOING TO TELL YOU GET IT ON THE BALLOT.

LET THE PEOPLE DECIDE AND LET THE PEOPLE VOTE.

THANK YOU VERY MUCH.

>> MAYOR NIRENBERG: THANK YOU, MS. ECKERT.

GEORGE ALLEJOS.

GEORGE, YOU HAVE SIX MINUTES.

>> THANK YOU, MAYOR.

THANK YOU, MAYOR, FOR THE TIME YOU HAVE GIVEN ME.

ON SUNDAY THE EXPRESS NEWS RAN AN ARTICLE THAT SAID PUT SAN ANTONIO FIRST.

AND FOR THOSE OF YOU THAT DIDN'T HAVE A CHANCE TO READ IT, I'M GOING TO READ IT FOR YOU BECAUSE I HAVE SIX MINUTES AND IT SHOULD BE PLENTY OF TIME FOR ME TO COVER WHAT'S IN THIS ARTICLE.

IT SAYS PUT SAN ANTONIO FIRST.

ALL POLITICAL POWER IS INHERENT TO THE PEOPLE AND ALL FREE GOVERNMENTS ARE FOUNDED ON THEIR AUTHORITY AND INSTITUTED FOR THEIR BENEFIT.

THAT'S IN THE TEXAS CONSTITUTION ARTICLE I SECTION 2.

SAN ANTONIO IS AT A CROSS ROADS.

THE MAYOR AND THE MAJORITY OF CITY COUNCIL HAVE FORGOTTEN THEIR ABILITY TO LISTEN TO THE PEOPLE AND INSTEAD THEY FOLLOW DEVELOPERS, LAWYERS, AND INSIDERS THAT FUND THEIR CAMPAIGNS.

THE CITY MANAGER HAS TOO MUCH POWER AND USES -- AND RUNS THE MAYOR AND THE MAJORITY OF CITY COUNCIL.

CITY HALL HAS FORGOTTEN THEIR JOB IS TO MAKE SAN ANTONIO SAFER, CLEANER, FAIRER, EQUITABLE, AND WITH ECONOMIC OPPORTUNITIES FOR EVERYONE.

IT'S TIME TO PUT SAN ANTONIO FIRST.

WE THE CITIZENS OF SAN ANTONIO FIRST BELIEVE THAT TAKING BACK OUR CITY IS AS EASY AS ONE, TWO, AND THREE BY VOTING FOR, ONE, CITY MANAGER ACCOUNTABILITY.

PROPOSITION 1 STATES IT WILL ENSURE THAT THE CITY MANAGER HAS TO BE APPROVED BY EIGHT COUNCIL MEMBERS AND CAN SERVE ONLY EIGHT YEARS AND CAN'T MAKE MORE THAN TEN TIMES THE LEAST PAID CITY EMPLOYEE.

OUR CITY MANAGER CURRENTLY MAKES MORE THAN OUR GOVERNOR AND THE

[01:15:02]

PRESIDENT OF THE UNITED STATES COMBINED.

THEY BOTH RESPECTIVELY MAKE $150,000 AND $400,000.

SO OUR CITY MANAGER EXCEEDS THAT AMOUNT.

THE SECOND PROPOSITION IS TO STOP FRIVOLOUS LAWSUITS.

PROPOSITION 2 WILL ENSURE THAT THE CITY GOES TO ARBITRATION AND NEGOTIATES INSTEAD OF ENDLESSLY PAYING LAWYERS TO FILE FRIVOLOUS LAWSUITS AND TO PRESERVE THE POWER OF BUREAUCRATS AT CITY HALL.

OUR CITY MANAGER AND HER LAWYERS HAVE WASTED OVER $1.2 MILLION SUING SAN ANTONIO FIREFIGHTERS AND POLICE OFFICERS.

THEY LOST IN COURT FOUR TIMES AND THE TEXAS SUPREME COURT WOULDN'T EVEN HEAR OUR CITY MANAGER'S CASE.

THAT'S A TOTAL WASTE OF TAXPAYER DOLLARS.

IN FACT, MR. MARTIN EARLIER SAID THAT THE LATEST LAWSUIT WAS -- THE DECISION WAS ISSUED IN FAVOR OF THE FIREFIGHTERS, SO THAT WAS A WASTE OF MONEY ALSO.

THAT WAS AN ATTEMPT TO STOP THE PETITIONS AND ATTEMPT TO PUT IT ON THE BALLOT.

FINALLY, THE LAST PROPOSITION 3 IS TO LET THE PEOPLE DECIDE.

PROPOSITION 3 WILL ENSURE THAT THE CITY FOLLOWS OUR TEXAS CONSTITUTION AND ALLOW SAN ANTONIO RESIDENTS A REASONABLE AMOUNT OF TIME TO GATHER A REASONABLE NUMBER OF SIGNATURES TO LET US SAY WITH THE PUBLIC VOTE ON MORE ISSUES THAT IMPACT OUR LIVES.

WE SHOULD HAVE A VOICE AND A VOTE ON OUR CITY MANAGER'S SALARIES, BONUSES, TAXES, UTILITY RATES, AND ALSO THE USE OF MONEY FOR TOILETS.

AS YOU'LL RECALL, WE HAD A TOILET THAT COST US $191,380.

THAT'S REALLY LOW BECAUSE I THINK IF YOU LOOK AT IT, IT COST US MORE LIKE HALF A MILLION IF YOU TAKE THE TOTAL COST INTO ACCOUNT.

THERE'S ALSO A RUMOR THAT YOU'RE NOW THINKING ABOUT INSTALLING ADDITIONAL TOILETS.

IF YOU DO, I SUGGEST YOU INSTALL ONE IN EACH CITY COUNCIL DISTRICT.

I THINK IT'S TIME THE PEOPLE HAVE THEIR SAY AND BY PUTTING THE AMENDMENTS ON THE NOVEMBER BALLOT THAT'S THE RIGHT THING TO DO.

AND IT'S TIME FOR YOU TO STOP TO LISTEN TO YOUR CONSTITUENTS.

THAT'S WHAT'S KEY.

A LOT OF YOU ARE JUST NEW TO CITY COUNCIL.

BUT BELIEVE ME, YOU'RE BEING LOOKED AT VERY CLOSELY.

I CAN GO BACK AND COME UP WITH SOME OF THE THINGS THAT HAVE OCCURRED THAT ARE NOT IN THE BEST INTEREST OF THE CITY.

NUMBER ONE, THE TOILET.

NUMBER TWO, DISTRICT 3 ALLOWED THE DISPLACEMENT OF OVER 60 FAMILIES FROM MISSION MOBILE HOME PARK THREE YEARS AGO.

THAT PLACE IS STILL VACANT.

HASN'T BEEN DEVELOPED.

YET THOSE FAMILIES WERE DISPLACED.

YOU GOT THE INFAMOUS BRIDGE THAT'S GOING TO BE BUILT TO ALLOW THE CRITTERS TO GO FROM THE EAST SIDE TO THE WEST SIDE OF WURZBACH PARKWAY.

THAT'S A TOTAL WASTE OF OUR DOLLARS, LADIES AND GENTLEMEN.

YOU NEED TO LISTEN TO THE PEOPLE AND DO THE RIGHT THING.

THANK YOU.

[APPLAUSE]

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

AS A REMINDER, THE CITY COUNCIL WILL NOW TAKE A MINISTERIAL ACTION, AN OBLIGATION TO PLACE THESE PROPOSED CHARTER AMENDMENTS ON THE BALLOT.

SO I'LL ENTERTAIN A MOTION FOR APPROVAL OF ITEM NO. 6.

THERE'S A MOTION AND A SECOND FOR APPROVAL OF ITEM NO. 6.

PLEASE VOTE.

[7. Ordinance amending the City Code, Chapter 15, Health, by adopting the initiated ordinance for earned paid sick time, or if the City Council does not adopt the initiated ordinance, then submitting the initiated ordinance to the electors on Tuesday, November 6, 2018, in the City of San Antonio, Bexar County, Texas. [Andrew Segovia, City Attorney]]

MOTION CARRIES.

ITEM NO. 7.

>> ITEM NO. 7 IS AN ORDINANCE AMENDING THE CITY CODE CHAPTER 15, HEALTH, BY ADOPTING THE INITIATED ORDINANCE FOR EARNED PAID SICK TIME, OR IF THE CITY COUNCIL DOES NOT ADOPT THE INITIATED ORDINANCE THEN SUBMITTING THE INITIATED ORDINANCE TO THE ELECT TORS ON TUESDAY, NOVEMBER 6, 2018 IN THE CITY OF SAN ANTONIO, BEXAR COUNTY, TEXAS.

>> GOOD MORNING, MAYOR.

WE HAVE A SHORT PRESENTATION, AGAIN, TO GIVE BACKGROUND AND CONTEXT AND AGAIN TO CLARIFY WHAT ACTION THE COUNCIL IS GOING TO TAKE THIS MORNING AS DIFFERENT FROM WHAT THE ACTION THAT COUNCIL JUST TOOK WITH RESPECT TO THE PROPOSED CITY CHARTER AMENDMENTS.

AGAIN, ON MAY 24 THE CLERK RECEIVED AN INITIATIVE ON UNEARNED PAID SICK TIME ORDINANCE.

THE CHECK CERTIFIED THE SIGNATURES ON AUGUST 2, 2018 CERTIFYING CLOSE TO 70,000 SIGNATURES.

THERE WAS A READING AND PUBLIC

[01:20:02]

HEARING ON THE PROPOSED ORDINANCE ON AUGUST 8 OF THIS YEAR AS WELL.

WHAT DOES THE PROPOSED ORDINANCE HAVE IN TERMS OF THE KEY TERMS? IT WOULD REQUIRE EMPLOYERS WITHIN THE CITY OF SAN ANTONIO TO PROVIDE EARNED SICK TIME TO THEIR EMPLOYEES UNDER A SET SCHEDULE.

IT APPLIES TO ALL EMPLOYERS EXCEPT GOVERNMENT ENTITIES, WHO IT WOULDN'T APPLY TO THE CITY OR TO SCHOOL DISTRICTS.

THE COMPLIANCE DATE, EMPLOYERS THAT ARE AFFECTED WOULD HAVE TO COMPLY BY AUGUST 1 OF 2019 UNLESS THEY HAVE FIVE EMPLOYEES OR LESS, THEN THE COMPLIANCE DATE IS ACTUALLY AUGUST 1, 2021.

SO A SIGNIFICANT AMOUNT OF MORE TIME IS GIVEN TO THOSE EMPLOYERS THAT HAVE FIVE OR LESS EMPLOYEES.

UNDER THE PROPOSED ORDINANCE, EMPLOYEES WOULD GET ONE HOUR OF EARNED SICK LEAVE TIME FOR EVERY 30 HOURS THAT THEY WORK.

THERE'S A YEARLY CAP OF 64 HOURS FOR MEDIUM LARGE EMPLOYEES AND 48 HOURS FOR SMALL EMPLOYEES.

NOW, HOW THOSE CATEGORIES ARE DEFINED, IF YOU'RE 15 OR FEWER EMPLOYEES, YOU'RE A SMALL EMPLOYER.

IF YOU HAVE MORE EMPLOYEES, YOU'RE A LARGE EMPLOYER.

THAT'S HOW THE CATEGORIES WORK.

EARNED PAID SICK TIME IS AVAILABLE AS SOON AS IT IS ACCRUED.

SO IN OTHER WORDS AS SOON AS YOU WORK 30 HOURS YOU AUTOMATICALLY THEN WILL HAVE AN HOUR OF SICK TIME.

WHAT CAN SICK TIME BE USED FOR? IT COULD BE USED BY THE EMPLOYEE FOR MEDICAL HEALTHCARE FOR THEMSELVES OR FOR THEIR FAMILY MEMBER.

IT COULD ALSO BE USED FOR CARE OF SERVICES RELATED TO VICTIMIZATION FROM, FOR EXAMPLE, DOMESTIC ABUSE, SEXUAL ASSAULT, STALKING INVOLVING EITHER, AGAIN, THE EMPLOYEE OR THE EMPLOYEE'S FAMILY MEMBER.

WHAT IS A FAMILY MEMBER? A FAMILY MEMBER IS A SPOUSE, CHILD, PARENT, OR OTHER INDIVIDUAL RELATED BY BLOOD.

AND HERE'S ANOTHER KEY DISTINCTION.

IT'S ALSO THOSE INDIVIDUALS WHO BY CLOSE ASSOCIATION ARE DEEMED EQUIVALENT TO A FAMILY MEMBER.

WHO IS AN EMPLOYEE? AN EMPLOYEE IS IDENTIFIED AS AN INDIVIDUAL WHO PERFORMS 80 HOURS OF WORK FOR PAY WITHIN THE CITY OF SAN ANTONIO.

AND SO REALLY -- WHEN YOU TALK ABOUT WHAT THE SCOPE OF WHAT THE ORDINANCE APPLIES TO IT APPLIES TO WHERE THE EMPLOYEE WORKED AND NOT WHERE THE EMPLOYER IS LOCATED.

THAT'S A KEY DISTINCTION.

ANOTHER KEY DISTINCTION IS IT APPLIES TO TEMP AGENCIES BUT IT DOES NOT APPLY TO INDEPENDENT CONTRACTORS.

HOW CAN THE EMPLOYEE USE PAID SICK LEAVE? THEY MAY MAKE A TIMELY REQUEST BUT THE ORDINANCE DOES ALLOW FOR UNFORESEEN EVENTS WHERE THEY CAN TAKE THE SICK LEAVE THAT THEY HAVE ACCRUED.

THERE IS A NO RETALIATION CLAUSE IN WHICH EMPLOYERS ARE PROHIBITED FROM TAKING ADVERSE ACTION AGAINST AN EMPLOYEE BECAUSE THEY EITHER ARE USING THEIR SICK TIME OR IF THEY ARE FILING A COMPLAINT THAT THEY'RE NOT BEING PROVIDED THE ACCRUED SICK TIME UNDER THE ORDINANCE.

THERE'S ALSO SOME RECORDKEEPING AND REPORTING REQUIREMENTS UNDER THE ORDINANCE WHERE THE EMPLOYEE WILL GET A MONTHLY REPORT OF HOW MUCH THEY HAVE WORKED AND HOW MUCH EARNED SICK TIME THEY HAVE ACCRUED.

ENFORCEMENT.

THE ORDINANCE CLEARLY PUTS THE ENFORCEMENT OBLIGATION ON OUR DIRECTOR OF METRO HEALTH, AND AMONG THE OTHER TASKS THAT SHE'S ASKED TO DO IS TO EDUCATE EMPLOYERS ON THE ORDINANCE AND WHAT THE REQUIREMENTS ARE IN TERMS OF IF THERE'S AN INTERPRETATION ISSUE OF WHERE THE ORDINANCE IS NOT CLEAR OF WHAT THE APPLICABLIBILITY WOULD BE, SHE RENDERS INTERPRETATION OF THE ORDINANCE .

PENALTIES.

THE HEALTH DEPARTMENT MAY IMPOSE A CIVIL PENALTY OF UP TO $500 PER VIOLATION, WHICH IS PRETTY SIGNIFICANT BECAUSE PER VIOLATION COULD BE LIKE PER EMPLOYEE.

THERE IS A PROVISION, THOUGH, IN THE ORDINANCE THAT ALLOWS FOR VOLUNTARY COMPLIANCE ONCE A NON-COMPLIANCE ITEM IS FOUND.

AND IF THEY DO VOLUNTARILY COMPLY THERE IS A POSSIBILITY THAT THEY CAN AVOID THE $500 PENALTY.

AGAIN, COUNCIL ACTION.

>> AGAIN, COUNCIL ACTION, I WANT TO DISTINGUISH THIS FROM THE MIN TIERIAL ACT THAT THE COUNCIL JUST TOOK.

THE COUNCIL CAN ADOPT THE

[01:25:02]

ORDINANCE AS WRITTEN AS THE PETITION WAS PROVIDED, AND IF YOU DO, THE ORDINANCE WILL BE EFFECTIVE JANUARY 1ST OF 2018.

IF THE COUNCIL DOES NOT PASS THE ORDINANCE AS WRITTEN, THEN IT WILL BE PLACED ON THE NEXT AVAILABLE ELECTION, WHICH, IF YOU ACT TODAY, WOULD BE THE NOVEMBER ELECTION.

PSES IF YOU REJECT, AGAIN, THE ORDINANCE TODAY, THAT ORDINANCE WOULD APPEAR ON THE 2018.

UNLIKE THE PREVIOUS PROPOSED CITY CHARTER, THE COUNCIL WILL DEBATE AND CONSIDER THE ORDINANCE ON ITS STANDPOINT.

ONE LAST THING, BECAUSE IT IS A PETITION ORDINANCE, THERE IS NO RECOMMENDATION FROM THE STAFF IN TERMS OF RECOMMENDING APPROVAL OR DISAPPROVAL.

>> MAYOR NIRENBERG: OKAY.

THANK YOU VERY MUCH, ANDY.

WE HAVE MANY MEMBERS OF THE COMMUNITY SIGNED UP TO SPEAK ON THIS ITEM, AND WE'LL BEGIN WITH JOHN AGATHA.

>> GOOD MORNING, MR. MAYOR, DISTINGUISHED COUNCILMEMBERS.

MY NAME IS JOHN AGATHAR, I'M THE CHAIRMAN ELECT OF THE SAN ANTONIO CHAIRMAN OF COMMERCE, WE STAND IN OPPOSITION OF THE PAID SICK LEAVE, WE'RE NOT OPPOSED TO PAID SICK LEAVE, THIS KIND OF A ONE-SIZE-FITS-ALL IS NOT SOMETHING OUR MEMBERS FEEL IS REFLECTIVE OF WHAT WE NEED IN THE BUSINESS COMMUNITY.

I WOULD ALSO SAY THAT ALL OF OUR MEMBERS TEND TO BE SMALL TO MEDIUM-SIZED BUSINESSES, AND THIS IS AN UNDUE BURDEN FOR US.

I WILL ALLOW THE REST OF MY TIME TO MY COLLEAGUES, RAM MIRA CAVAZOS TO EXPLAIN SOME MORE.

OUR CHAIRMAN ELECT IS REPRESENTING OUR CHAIR WHO COULDN'T BE WITH US TODAY WITH OUR 1200 MEMBERS.

I KNOW YOU HAVE MANY CITIZENS SIGNED UP TO SPEAK MAYOR AND COUNCILMEMBERS.

I KNOW YOU ALL WILL MAKE THE BEST DECISION TODAY, BUT ON BEHALF OF OUR MEMBERS AND OUR BOARD OF DIRECTORS, WE VOTED UNANIMOUSLY TO OPPOSE MANDATING PAID SICK LEAVE THROUGH A CITY ORDINANCE AND, AGAIN, I AGREE WITH MR. AGS OWNER, MANY, IF NOT ALL OF OUR MEMBERS, FEEL THAT THIS IS A DECISION THAT SHOULD BE MADE BY A BUSINESS.

WE SUPPORT THE CONCEPT OF PAID SICK LEAVE AND CLEARLY MAY THAT IS COMPETITIVE, BUT NOT IN A PRESCRIPTIVE MANNER.

IT SHOULD BE DONE BY EACH BUSINESS.

SO THANK Y'ALL VERY MUCH.

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

DON DICKSON.

>> THANK YOU, MAYOR AND COUNCIL.

MY NAME IS DON DICKSON, I'M ADAMANTLY OPPOSED TO Y'ALL APPROVING THIS ORDINANCE TODAY.

THE REASON IS, A MANDATED SICK LEAVE IS NOT UNDER THE PURVIEW OF THIS COUNCIL.

HOW EMPLOYEE AND AN EMPLOYER -- -- AND SHOULD NOT BE MANDATED BY A CITY GOVERNMENT.

THIS IS A FREE ENTERPRISE ISSUE.

LET THE ECONOMICS WORK.

THEY WILL WORK.

YOU HAVE COMPETITIONS WITH SMALL AND LARGE BUSINESSES, PAID SICK LEAVE IS NEEDED, THAT'S A GOOD THING, BUT LET IT BE BETWEEN THE EMPLOYEE AND THE EMPLOYER.

ONE OF THE WORST THINGS THIS COUNCIL COULD DO WOULD BE FOLLOW EXAMPLES OF CALIFORNIA WHERE YOU MANDATE THESE HIGH TAXES.

WE DO NOT WANT TO DO THAT IN SAN ANTONIO, NOR IN TEXAS.

THANK YOU.

[APPLAUSE]

>> MAYOR NIRENBERG: THANK YOU MR. DICKSON.

JACK FINGER?

>> WELL, MR. MAYOR AND OTHER MEMBERS OF OUR SAN ANTONIO CITY COUNCIL.

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

THE IDEA OF YOU THE CITY COUNCIL MANDATING SOMETHING THAT SHOULD BE BETWEEN A PRIVATE BUSINESS AND THEIR EMPLOYEES REALLY IS

[01:30:02]

ABHORRENT TO THOSE OF US WHO PAY TAXES, PROPERTY TAXES, SALES TAXES, TO YOU, OUR CITY GOVERNMENT AND EXPECT YOU TO SPEND THAT MONEY WISELY.

TO GOVERN WISELY.

TO MANDATE SOMETHING THAT QUITE FRANKLY IS GOING TO INJURY, DESTROY MANY SMALL BUSINESSES HERE IN TOWN IS JUST UNTHINKABLE.

IF I -- I WOULDN'T EVEN DARE TOUCH THIS THING.

OF COURSE, LET THE PEOPLE DECIDE.

IF THEY DECIDE THAT POOR DIRECTION, WELL, YOU CAN'T HELP THAT, BUT CERTAINLY DON'T BE [INDISCERNIBLE].

THE -- NOW, YES, I'VE READ WHERE THERE ARE RAMIFICATIONS ON THIS, LAWSUITS ARE GOING TO COME EITHER WAY.

FINE.

LET THEM COME.

BUT DON'T BE THE START OF IT YES, I THINK THE BUSINESS COMMUNITY NEEDS TO GET OUT THE WORD ON THIS ONE, BUT, YES, THIS IS WHAT SOCIALISM DOES TO YOU.

THIS IS WHAT LIBERALISM DOES TO US.

IT DESTROYS US.

DON'T BE A PART OF IT.

THANK YOU.

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

WE HAVE A GROUP, MICHELLE TRENIO AND OTHERS, Y'ALL HAVE SIX MINUTES.

>> GOOD MORNING, MAYOR AND COUNCIL.

MY NAME IS MICHELLE TREMIO, I'M THE EXECUTIVE DIRECTOR OF TEXAS ORGANIZING PROJECT AND A PROUD MEMBER OF WORKING TEXANS FOR PAID SICK TIME COALITION.

THE REASON WE ARE HERE TODAY IS VERY SIMPLE: WE BELIEVE THAT ALL WORKING PEOPLE SHOULD BE ABLE TO TAKE CARE OF THEMSELVES OR A FAMILY MEMBER WHEN THEY GET SICK.

IN SAN ANTONIAN ESTIMATED 39% OF PEOPLE WHO WORK DO NOT HAVE ACCESS TO EARNED PAID SICK TIME.

EVERY DAY, WORKING PEOPLE HAVE TO CHOOSE BETWEEN GOING TO WORK SICK OR TAKING A PAY CUT.

OR WORSE STILL, THOSE FAMILIES MUCH CHOOSE BETWEEN SENDING THEIR CHILDREN TO SCHOOL SICK OR TAKING A PAY CUT.

SAN ANTONIO CAN DO BETTER.

MAYOR NIRENBERG, I KNOW YOU AGREE WITH US, YOU HAVE SAID SO PUBLICLY.

YOU'VE ALSO SAID THAT YOU PREFER A STATEWIDE REGULATION THAT BENEFITS BOTH WORKING FAMILIES AND BUSINESSES.

IF ONLY THAT WERE POSSIBLE.

UNFORTUNATELY, OUR STATE LEADERSHIP IS MORE CONCERNED WITH MAKING LIFE HARDER FOR WORKING FAMILIES.

THEY ARE MORE FOCUSED ON CRIMINALIZING LOCAL GOVERNMENTS, MIGRATION, SKIN COLOR, BATHROOM USE AND WOMEN'S BODIES THAN THEY ARE WITH CREATING EQUITABLE, ECONOMIC POLICIES THAT BENEFIT BOTH WORKING PEOPLE AND BUSINESSES.

SO WE HAVE TO WORK TO CREATE EQUITY WHERE WE CAN, RIGHT HERE AT THIS -- AUDIO] -- ACT ON THE RIGHTS OF THE 144,000 PEOPLE WHO SIGNED OUR PETITION AND THE 354,000 WORKING PEOPLE IN SAN ANTONIO WHO ARE COUNTING ON YOU TO TAKE ACTION TODAY.

MAYOR, WE WANT TO THANK YOU FOR YOUR LEADERSHIP THAT YOU HAVE SHOWN IN GETTING US TO A VOTE TODAY.

FORCES ACROSS OUR CITY AND STATE HAVE CALLED ON YOU TO DELAY, BUT YOU KEPT YOUR WORD TO THE COMMUNITY.

SO WE THANK YOU.

COUNCILMAN SALDAÑA, THANK YOU FOR YOUR UNWAVERING SUPPORT AND COMMITMENT TO WORKING PEOPLE IN SAN ANTONIO.

YOU HAVE ANSWERED EVERY TEXT, EVERY PHONE CALL AND BEEN -- AND HAVE BEEN OUR PARTNER EVERY STEP OF THE WAY.

COUNCILMAN TREVINO, YOU HAVE SUPPORTED US FROM DAY ONE, AND YOU, ALONG WITH COUNCILMAN COURAGE, BOTH WENT OUT OF YOUR WAY TO HELP FACILITATE CONVERSATIONS WITH OTHERS WHO MAY DISAGREE WITH US.

THANK YOU BOTH FOR THAT.

AND TO ALL THE MEMBERS OF COUNCIL, THANK YOU FOR YOUR HARD WORK IN EVERYTHING YOU DO FOR OUR COMMUNITY.

TODAY IS A BIG DAY FOR OUR CITY, AND YOU HAVE AN IMPORTANT CHOICE TO MAKE.

IF YOU AGREE WITH US THAT ALL WORKING PEOPLE SHOULD HAVE THIS BASIC DIGNITY AND RESPECT ON THE JOB, THEN VOTE YES.

IF YOU DISAGREE WITH US,

[01:35:01]

THEN SEND US TO THE BALLOT AND WE WILL PASS IT OURSELVES WITH OVERWHELMING SUPPORT FROM OUR COMMUNITY.

SAN ANTONIO IS ABOUT TO MAKE HISTORY BY BECOMING THE SECOND CITY IN THE SOUTH TO ENSURE WORKING PEOPLE NOW HAVE ACCESS TO EARNED PAID SICK TIME.

THE QUESTION IS, WILL THAT HAPPEN TODAY OR ON NOVEMBER 6TH? IT'S UP TO YOU.

THANK YOU.

[APPLAUSE]

>> NOW WE'LL CALL UP ONE OF OUR UNION SISTERS, MARIA VIJE FROM UNITE HERE.

>> OKAY.

>> GOOD MORNING, MAYOR AND COUNCILMEN AND WOMEN.

MY NAME IS MARIA VIJE AND I'M A MEMBER OF UNITED HERE.

I'M HERE TO TALK ABOUT THE PAID SICK LEAVE.

I WORK AT THE HYATT REGENCY HOTEL.

BEFORE WORKING HERE, I USED TO WORK AT MANY JOBS THAT DID NOT HAVE PAID SICK LEAVE AS A SINGLE MOTHER, MANY TIMES I HAVE TO STAY HOME TO TAKE CARE OF MY KIDS WHEN THEY WERE SICK.

I WAS NOT PAID DURING THOSE DAYS.

I WAS BEHIND ON MY BILLS AND THEY WERE ACCUMULATING.

AND THAT MADE MY LIFE A LITTLE BIT DIFFICULT.

NO ONE SHOULD HAVE TO CHOOSE BETWEEN PAYING YOUR BILLS OR TAKE CARE OF YOUR CHILDREN.

THAT'S THE REASON I'M HERE TO SUPPORT THIS LAW.

THANK YOU VERY MUCH.

[APPLAUSE]

>> MAYOR NIRENBERG: OKAY.

THANK YOU ALL VERY MUCH.

ANGIE, YOU'RE SIGNED UP, ARE YOU GOING TO TAKE YOUR TIME NOW?

>> YES.

>> MAYOR NIRENBERG: OKAY.

GO AHEAD.

>> THAT WAY WE'LL FINISH EARLIER.

WELL, GOOD MORNING AND THANK YOU VERY MUCH FOR TAKING CONSIDERATION IN THIS THING THAT WE NEED, THIS BILL THAT WE NEED.

I GOT GOOD NEWS FOR Y'ALL.

THE DEMOCRATIC PARTY LAND SLIDE VOTED TO SUPPORT THIS ISSUE, SO THAT IS WONDERFUL.

[APPLAUSE]

>> AND THAT'S THE WORK OF THE PEOPLE BECAUSE THE UNIONS, ALL THE UNIONS HERE, HAVE WORKED FOR YOU TO HAVE SICK LEAVE, YOU TO HAVE POWER, YOU, MANAGERS, SO YOU CAN HAVE AN INCREASE.

UNIONS HAVE DONE THAT FOR US.

AND WE MUST CONTINUE BECAUSE THIS IS A POWERFUL THING Y'ALL ARE DOING, AND I -- [APPLAUSE]

>> MAYOR NIRENBERG: JOSE GAMARGO? IS JOSE GAMARGO HERE?

>> HE'S COMING.

>> MAYOR NIRENBERG: OKAY.

>> GOOD MORNING, EVERYBODY.

MY NAME IS JOSE GAMARGO AND I LIVE IN DISTRICT 7.

I'M A FATHER OF TWO DAUGHTERS, AND I WORK AS A MERCHANDISE PROCESSOR HERE IN SAN ANTONIO.

MY WIFE HAS BEEN ILL FOR FIVE YEARS AND I'M THE SOLE PROVIDER FOR MY FAMILY.

MY EMPLOYER DOES NOT PROVIDE PAID SICK TIME.

IT IS DIFFICULT FOR ME TO PROVIDE AND TAKE TIME OFF TO TAKE MY WIFE TO THE DOCTOR'S APPOINTMENTS AND GET MEDICATIONS.

I ALSO HAVE TOHELP MY DAUGHTERS TO SCHOOL.

WHEN MY DAUGHTERS GET SICK, IT IS A BURDEN, BUT I MUST TRY MY BEST TO BE THERE FOR THEM.

THERE WAS A TIME WHEN MY DAUGHTER GOT SICK, SHE HAD

[01:40:02]

TO WAIT TO TAKE -- SHE HAD TO WAIT FOR ME TO TAKE HER TO THE DOCTOR ON MY DAY OFF.

WHEN WE WERE FINALLY ABLE TO TAKE HER, HER ILLNESS HAD GOTTEN WORSE.

SOMETHING THAT WAS A SIMPLE COUGH TURNED MUCH WORSE AND SHE WAS SENT HOME FROM SCHOOL.

SHE HAD TO MISS A COUPLE OF DAYS OFF FROM SCHOOL.

FAMILIES LIKE MINE ARE THE ONES AFFECTED WHEN WE DON'T HAVE PAID SICK DAYS.

THIS IS WHY WE ARE PUSHING TO GET PAID SICK DAYS FOR ALL SAN ANTONIANS WORKERS.

I ASK THAT YOU PLEASE SUPPORT US TODAY.

THANK Y'ALL.

[APPLAUSE]

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

LOUISE SOLIS? LOUISE SOLIS?

>> GOOD MORNING, MAYOR AND CITY COUNCILMEMBERS.

MY NAME IS LOUISE SOLIS AND I'M HERE REPRESENTING THE BEXAR COUNTY HEALTH COLLABORATIVE.

THE EARNED PAID SICK TIME ORDINANCE IS REMEUN RATED TIME OFF FROM WORK SO THAT PEOPLE CAN TAKE CARE OF THEIR HEALTH OR THE HEALTH OF THEIR LOVED ONES.

AROUND THE WORLD, IT IS A HUMAN RIGHT TO RECEIVE PAID TIME OFF WHEN ILL OR TO CARE FOR A SICK FAMILY MEMBER.

THE UNITED STATES IS ONE OF ONLY FIVE COUNTRIES WITHOUT A NATIONAL PAID SICK TIME POLICY.

LOCAL GOVERNMENTS IN ARIZONA, CALIFORNIA, ILLINOIS, NEW JERSEY, VERMONT AND WASHINGTON HAVE IMPLEMENTED PAID SICK TIME POLICIES, AND HAVE WITNESSED IMPORTANT ECONOMIC, SOCIAL AND HEALTH BENEFITS.

BUSINESSES IN NEW JERSEY WITNESS A REDUCTION IN THE NUMBER OF SICK EMPLOYEES COMING TO WORK, AN INCREASE IN EMPLOYEE PRODUCTIVITY AND MORALE, AND A REDUCTION IN EMPLOYEE TURNOVER.

EMPLOYMENT RATES IN SEATTLE HAVE EVEN INCREASED AFTER PASSING THE PAID SICK TIME OFF ORDINANCE.

IN GENERAL, THEY HAVE BEEN NO IMPACT ON BUSINESS COST AND OPERATIONS.

PAID SICK TIME ORDINANCE IS CRITICAL FOR THE CITY OF SAN ANTONIO.

CURRENTLY, OVER 350,000 WORKERS IN SAN ANTONIO LACK ACCESS TO PAID SICK TIME.

THIS LIMITS THE OPPORTUNITIES TO VISIT A DOCTOR OR RECOVER FROM AN ILLNESS.

IN ADDITION, THE LACK OF PAID SICK TIME OF THIS PROPORTIONATELY AFFECT HISPANICS AND BLACK EMPLOYEES.

WORKERS IN THE SERVICE INDUSTRY, CONSTRUCTION, THOSE WORKING PART-TIME AND THOSE EARNING LOWER WAGES.

AS REPORTED IN OUR 2016 BEXAR COUNTY COMMUNITY HEALTH NEEDS ASSESSMENT, THIS POPULATION EXPERIENCE GREATER UNMET SOCIAL NEEDS, GREATER BURDEN OF DISEASE, AND LOWER LIFE EXPECTANCY.

ON BEHALF OF THE HEALTH COLLABORATIVE AND ITS BOARD OF DIRECTORS WE STRONGLY ADVOCATE FOR THE IMPLEMENTATION OF THE EARNED PAY SICK TIME MEASURE TO ENSURE THE HEALTH AND ECONOMIC SECURITY AND PROSPERITY OF RESIDENTS OF SAN ANTONIO.

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

>> THANK YOU.

>> MAYOR NIRENBERG: MIA YBARRA? MIA YBARRA? YOU'LL BE FOLLOWED BY DEANNA ORIEGAS.

>> THANK YOU.

GOOD MORNING MY NAME'S MIA AYE BAR YEAH FOR THE CPPP IS A NONPROFIT PUBLIC POLICY ORGANIZATION AND WE ENVISION A TEXAS WHERE EVERYONE IS HEALTHY, WELL EDUCATED AND FINANCIALLY SECURES.

AS I TOLD YOU LAST WEEK, CITIES OF ALL SHAPES AND SIZES WITH DIFFERENT ECONOMIES AND COMPETITIVE PRESSURES HAVE FOUND A WAY TO MAKE SICK DAYS WORK FOR THEM, AND I APPLAUD THE EFFORTS IN SAN ANTONIO TO MAKE THIS WORK HERE AS WELL.

I WANT TO USE MY TIME TO ADDRESS A FEW ISSUES THAT HAVE COME UP.

YOU'RE LOOKING AT TODAY IS REALLY A STANDARD THAT SETS A FLOOR FOR EMPLOYERS AND FOR WORKERS TO PROTECT PUBLIC HEALTH AND TO IMPROVE THE HEALTH, WELL-BEING AND FINANCIAL SECURITY OF WORKERS.

IT PROVIDES A LOT OF FLEXIBILITY FOR EMPLOYERS STILL AND IT CERTAINLY DOESN'T SET A LIMIT AND EMPLOYERS ARE STILL ABLE TO PROVIDE VERY COMPETITIVE BENEFITS UNDER THE POLICY YOU'RE PROPOSING.

I ALSO WANT TO JUST REITERATE RELATED TO THE INFORMATION YOU JUST HEARD THAT WE'RE VERY AWARE OF THE CONSEQUENCES WHEN WE LEAVE THESE ISSUES UP TO THE MARKET AND THE DISPARITIES THAT ARISE.

AND FOR THAT REASON, WE SUPPORT PAID SICK DAYS POLICIES THAT ENSURE THAT WORKERS DON'T HAVE TO DEPEND ON WINNING THE BOSS LOTTERY

[01:45:02]

IN ORDER TO MAKE SURE THAT THEY CAN CARE FOR THEMSELVES OR A LOVED ONE IF THEY'RE ILL OR INJURED.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, MRS. I BAR YEAH.

DEANNA ORIEGAS, MEMBER OF TEXAS INDIGENOUS COUNCIL AND ALSO A COCHAIR FOR GREEN PARTY.

I WOULD LIKE TO THANK Y'ALL FOR -- EVERYBODY FOR BEING HERE.

I'M NOT VERY GOOD IN TALKING, BUT I'LL TRY.

I HOPE Y'ALL VOTE FOR THE PAID SICK LEAVE BECAUSE A LOT OF US GET SICK.

I DON'T KNOW IF YOU REMEMBER ON 2009, THEY HAD THAT HUSH HUSH ON THAT H1N1 GOING AROUND, AND THAT WAS AIRBORNE.

PEOPLE GOT SICK, A LOT OF PEOPLE GOT SICK, A LOT OF THEM PASSED AWAY ON THIS DISEASE.

ONE OF MY DAUGHTERS PASSED AWAY.

SHE WENT TO WORK, I DON'T KNOW IF Y'ALL REMEMBER THIS, MCDONALD'S, WHEN SHE WAS LITTLE, SHE USED TO DO THAT AND WOULD TELL ME, MOMMY, I'M GOING TO WORK FOR MCDONALD'S, YOU KNOW, WHEN I GROW UP.

SHE DID.

THAT'S WHERE SHE GOT THE SICKNESS FROM ONE OF HER EMPLOYEES THAT WAS SICK, BECAUSE SHE HAD TO WORK AND SUPPORT HER FAMILY.

IF SHE WOULD HAVE BEEN HOME, A LOT OF PEOPLE THERE AT THAT PLACE WOULDN'T HAVE GOTTEN SICK, WHICH THEY DID.

AND I MEAN, I MYSELF AM -- I'M INJURED, TOO, AND I WOULD LIKE, ALL RIGHT, I GOT A JOB, FINALLY, AFTER LOOKING FOR WORK A LONG TIME, AND I WORKED, GAVE IT MY 100%, BUT I DRAG OUT OF THAT PLACE, YOU KNOW, AND I GO HOME ALL HURTING AND EVERYTHING.

THAT NOISE THAT YOU HEAR ME MAKING SOMETIMES, IT GETS LOUDER SOMETIMES WHEN I'M REALLY IN DEEP PAIN, BUT I STILL STRUGGLE TO TRY TO GET A JOB AND UNTIL RIGHT NOW, THEY LET ME GO AND I CAN'T GET A JOB.

>> MAYOR NIRENBERG: THANK YOU.

[APPLAUSE]

>> MAYOR NIRENBERG: JESUS GARCIA? JESUS GARCIA? GOOD --

>> GOOD MORNING MAYOR AND CITY COUNCILMEMBERS.

I SUPPORT SICK TIME BECAUSE IT'S THE RIGHT THING TO DO, AND I THINK THAT YOU GUYS WANT TO DO THE RIGHT THING AND SUPPORT THIS AND PASS IT ON YOUR OWN, AND THAT'S ALL I HAVE TO SAY FOR THIS MORNING.

THANK YOU.

[APPLAUSE]

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

THAT'S EVERYONE WHO SIGNED UP TO SPEAK ON ITEM NUMBER SEVEN, SO I'LL NOW MOVE TO OUR COLLEAGUES, COUNCILMAN SALDAÑA.

>> SALDAÑA: THANK YOU, MAYOR. I'M JUST GOING TO ASK ONE QUICK QUESTION OF OUR HEALTH DIRECTOR, COLLEEN BRIDGER, AND THEN MAYBE JUST MAKE A FEW COMMENTS, FROM HEAD OF METRO HEALTH.

HI, DR. BRIDGER, SORRY IF I'M SURPRISING YOU WITH THAT, BUT I JUST WANTED TO GET YOUR PERSPECTIVE.

YOU'RE OUR PUBLIC HEALTH EXPERT ON ISSUES, AND I'M SURE YOU'VE HAD AN OPPORTUNITY TO AT LEAST UNDERSTAND THE ROLES AND THE CAPACITY THAT YOU'LL PLAY IN THIS, BUT I JUST WANTED TO GET YOUR THOUGHTS FROM A PUBLIC HEALTH PERSPECTIVE ON WHAT YOU BELIEVE THE IMPLICATIONS FOR PUBLIC HEALTH WOULD BE IF WE PASSED PAID SICK LEAVE.

>> DR. BRIDGER: SO, FROM A PUBLIC -- AUDIO] -- WILL STOP THE SPREAD OF DISEASE.

THE OTHER THING TO PAY ATTENTION TO IS THAT WHEN PEOPLE WHO ARE SICK ARE ALSO FOOD HANDLERS, THEY CAN MAKE OTHER PEOPLE SICK AS WELL.

>> SALDAÑA: AND I DON'T THINK THAT'S GROUNDBREAKING SCIENCE AND A REALLY HARD QUESTION FOR YOU TO ANSWER, BUT I THINK IT'S ONE THAT YOU'VE PROBABLY HAD THE OPPORTUNITY TO TAKE A LOOK AT, AS YOU'VE SEEN THIS GO ALONG THROUGH THE PROCESS.

SO THANK YOU, DR. BRIDGER.

THAT WAS THE ONLY QUESTION THAT I HAD FOR YOU.

MAYOR, JUST TO MAKE JUST A FEW COMMENTS, I FIRST WANT TO SAY THANK YOU FOR THE FOLKS WHO ARE HERE TODAY

[01:50:02]

FOR -- WHO ARE REPRESENTING BOTH THE SAN ANTONIO BUSINESS COMMUNITY, BUT ALSO THE FOLKS WHO ARE REPRESENTING THE INDIVIDUALS FOR THE WORKING TEXANS FOR PAID SICK LEAVE, WHETHER YOU'RE PART OF THE TEXAS ORGANIZING PROJECT OR MOVE TEXAS, I JUST WANT TO RECOGNIZE THE FACT THAT THERE IS A WAY TO PETITION YOUR GOVERNMENT.

AND IT IS BRINGING IN 70,000 SIGNATURES TO PUT SOMETHING ON THE BALLOT.

THESE FOLKS BROUGHT IN 140,000.

AND I JUST WANT TO SAY THAT THAT'S SOMETHING THAT -- [APPLAUSE] -- IS -- YOU KNOW, THESE ORGANIZATIONS, INDIVIDUALS HERE IN SAN ANTONIO WHO LIVE IN THE COMMUNITY, WHO, YOU KNOW, HUSTLED AND WORKED TO GET 140,000 SIGNATURES, THEY HUSTLED AND WORKED FOR PEOPLE WHO HUSTLE AND WORK IN OUR CITY EVERY SINGLE DAY WHO DON'T HAVE ACCESS TO EARNED PAID SICK LEAVE, AND IT'S INCREDIBLE, BECAUSE I'VE BEEN IN COUNCIL FOR SEVEN YEARS, AND I HAVEN'T SEEN THIS LEVEL OF MOMENTUM BEHIND AN INITIATIVE TO BRING A PETITION TO THE CITY COUNCIL, SO 70,000 SIGNATURES IS A HIGH BAR TO CROSS OVER, AND I THINK IT'S ONE THAT WE TAKE VERY SERIOUS IN OUR VOTE TODAY.

I JUST WANT TO MAKE ONE LAST COMMENT BEFORE I MAKE A MOTION HERE THAT WILL HAVE THE COUNCIL CONSIDER, AND I'M SURE THAT WE'LL HAVE SOME BACK AND FORTH, BUT JUST A QUICK RECAP, YOU KNOW, I'VE BEEN SERVING FOR SEVEN YEARS AND SOME OF THE BEST PARTS OF MY JOB IS WHEN I GET TO TALK TO YOUNG STUDENTS.

AND SO I'LL HAVE THE OPPORTUNITY, WHETHER IT'S A GROUP OF ABOUT 100 STUDENTS OR 300 STUDENTS IN A CAFETERIA, OR IN A GYM OR EVEN JUST 20 OR 30 STUDENTS IN A CLASSROOM, I OFTEN GET EXCITED ABOUT TALKING INTO THEIR FUTURE, ASKING THEM WHAT THEY WANT TO BE WHEN THEY GROW UP, AND IN MANY CASES SOME OF THEM RAISE THEIR HANDS AND I'LL ASK WHO WANTS TO BE AN ENGINEER OR A LAWYER OR A DOCTOR OR AN ASTRONAUT OR AN ARCHITECT, AND A LOT OF THEM WILL SPEAK AND RAISE THEIR HANDS AND THEY KNOW HOW IMPORTANT IT IS TO START HAVING HIGH EXPECTATIONS FOR THEIR FUTURE.

BUT THE REALITY IS, I KNOW THE REALITY, BECAUSE I'VE LIVED IT GROWING UP HERE IN SAN ANTONIO, IS THAT THESE YOUNG PEOPLE, WHETHER THEY'RE ON THE SOUTH SIDE OF SAN ANTONIO OR THE WEST SIDE OF SAN ANTONIO OR THE EAST SIDE OR THE NORTH SIDE, MANY CASES DON'T KNOW DOCTORS OR LAWYERS OR ENGINEERS.

WHEN THEY TALK AND WALK THROUGH THEIR COMMUNITY, SOME OF THOSE FOLKS WHO ARE THEIR NEIGHBORS WHO MAKE UP SOME OF THE ROLE MODELS AND ADULTS IN THEIR NEIGHBORHOODS ARE NOT PROFESSIONAL ENGINEERS OR PROFESSIONAL ARCHITECTS.

IN MANY CASES, IT'S BEEN MY EXPERIENCE AND IT'S BEEN MY EXPERIENCE IN TALKING TO THESE YOUNG PEOPLE, THAT MANY OF THEIR PARENTS AND FAMILY MEMBERS ARE LANDSCAPERS IN SAN ANTONIO, THEY WORK CONSTRUCTION IN OUR CITY, THEY'RE THE SERVERS IN THE RESTAURANTS THAT WE ALL GO TO AND ENJOY.

THEY WORK AT WAREHOUSES OR THEY'RE CHILDCARE PROVIDERS.

THAT'S THE MAKEUP OF MY COMMUNITY.

SO TO SPEAK VERY HONESTLY, THIS IS NOT A HARD DECISION FOR ME.

IT CAN BE COMPLICATED, I CERTAINLY BELIEVE THAT, BECAUSE THERE'S A LOT OF ISSUES TO WEIGH IN HERE, BUT IT'S NOT HARD FOR ME TO REFLECT WHO I BELIEVE THIS IS GOING TO HELP, BECAUSE I KNOW THEM.

I SEE THEM.

THEY'RE FAMILY MEMBERS, THEY'RE COMMUNITY MEMBERS, THEY'RE NEIGHBORS, THEY'RE FRIENDS.

AND TO CONSIDER THAT THE CITY OF SAN ANTONIO, FOR A LONG TIME, HAS REALLY GROWN ECONOMICALLY ON THE BACKS OF THESE WORKERS, HARD-WORKING FOLKS, WHETHER IT'S IN THE SERVICE INDUSTRY, IT'S IN THE TOURISM INDUSTRY, WE HAVE BEEN SUCCESSFUL AS A CITY IN THOSE INDUSTRIES PARTLY BECAUSE OF THE HARD WORK OF THESE INDIVIDUALS, AND I SAY THIS WITH A LOT OF SERIOUSNESS BECAUSE I DON'T HAVE A LOT OF TIME LEFT ON THE COUNCIL, BUT THE REALITY IS THAT NO ONE DOES.

WE'RE ONLY GUARANTEED THE TWO YEARS THAT WE HAVE, BUT I KNOW THAT I DON'T WANT TO WASTE TIME ON THE COUNCIL DOING THINGS THAT I DON'T THINK ARE GOING TO HAVE AN IMPACT ON PEOPLE.

AND I TRULY BELIEVE THAT THIS IS GOING TO HAVE AN IMPACT ON THE PEOPLE WHO WILL BENEFIT CLOSE TO 350,000, THOSE 350,000 ARE NOT JUST IN MY DISTRICT, BUT I KNOW A GREAT MAJORITY OF THEM WORK IN INDUSTRIES OR WORK IN JOBS THAT DON'T HAVE ACCESS TO EARNED PAID SICK LEAVE.

AND, YOU KNOW, IF I'M GOING TO TAKE A VOTE ON THIS TODAY, IT'S GOING TO BE THE SAME WAY I WOULD VOTE IF THIS WAS ON THE NOVEMBER 6TH BALLOT, I'M GOING TO VOTE TO SUPPORT IT.

[APPLAUSE]

>> SALDAÑA: I'M GOING TO VOTE TO -- AUDIO] -- WHETHER IT GETS CHANGED ALONG THE ROAD, WHETHER THERE'S COMPROMISES TO BE MADE AT OTHER LEVELS OF GOVERNMENT, THAT IS UP TO THOSE DECISIONS AND FUTURE POLICYMAKERS TO MAKE, BUT AS LEADERS AND POLICYMAKERS WE HAVE A CHANCE TO WEIGH IN IN THE BEST INTEREST OF WHAT WE BELIEVE SOME OF THE COMMUNITY MEMBERS WHO MIGHT BE CLASSIFIED AS THE MOST VULNERABLE, BUT I'D CLASSIFY AS SOME OF THE HARDEST WORKING IN OUR CITY AND COMMUNITY.

AND FOR A CITY THAT LOOKS THE WAY IT DOES, NAMELY NOT ME SAYING THIS, BUT OTHER

[01:55:01]

STUDIES WHO HAVE TALKED ABOUT THE CITY OF SAN ANTONIO BEING IMBALANCED OR UNEQUAL OR ECONOMICALLY SEGREGATED, I THINK IT MAKES A LOT OF SENSE FOR US TO CONSIDER THAT OUR POLICY WILL HAVE A BIGGER IMPACT IN SAN ANTONIO THAN IT WOULD IN ANY OTHER COMMUNITIES.

LET'S NOT -- AS I'VE TOLD FOLKS BEFORE, ON AN ISSUE LIKE THIS, HIT -- REMIND ME LATER OR GIVE THESE TO SOMEONE ELSE.

LET'S NOT CONTINUE TO HIT THAT BUTTON, BECAUSE WE HAVE A CHANCE TO DO THAT NOW, TO HAVE AN IMPACT ON 350,000 PEOPLE WHO LOOK LIKE ME, WHO LIVE IN MY COMMUNITY, WHO ARE YOUNG PEOPLE WHO WILL ASPIRE TO BE THOSE PROFESSIONAL POSITIONS WHO WON'T HAVE TO FIGHT FOR EARNED PAID SICK LEAVE, BUT I THINK THAT THE LEGACY OF SOME OF THEIR FAMILIES AND SOME OF THE FACTS THAT LIVE ON THE GROUND TODAY IN SAN ANTONIO MAKE THIS A NECESSARY VOTE FOR US, AND ONE THAT I'M HAPPY TO SUPPORT.

SO I'LL MAKE A MOTION TO APPROVE.

>> MAYOR NIRENBERG: THERE'S -- THANK YOU, COUNCILMAN SALDAÑA.

THERE IS A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER SEVEN.

COUNCILWOMAN GONZALES?

>> GONZALES: THANK YOU, MAYOR.

MANY OF YOU, BY NOW, KNOW MY STORY THAT THE REASON THAT I CAME ON THE COUNCIL WAS BECAUSE I WANTED TO HELP SMALL BUSINESSES.

AND I WANTED TO HELP SMALL BUSINESSES GROW, ESPECIALLY IN MY NEIGHBORHOOD.

SO MY DISTRICT ENCOMPASSES SOME OF THE OLDEST PARTS OF THE CITY, SO IF YOU STILL DRIVE DOWN COMMERCE OR YOU DRIVE DOWN GUADALUPE STREET OR ZARZAMORA STREET, YOU SEE THAT THEY'RE FULL OF SMALL BUSINESSES.

AND THESE ARE NOT GLAMOROUS BUSINESSES, THEY'RE TIRE SHOPS AND BEAUTY SALONS, SOME SMALL PRINT SHOPS, TAQUERIAS, REALLY THE SMALLEST BUSINESSES IN THE CITY ARE IN OUR NEIGHBORHOODS, AND I THINK SOME OF OUR CHAMBER FOLKS CAN CONFIRM THAT OVER 80% OF ALL OF THE PEOPLE WORKING PEOPLE WORK FOR SMALL BUSINESSES, NOT JUST IN SAN ANTONIO, BUT AROUND THE COUNTRY.

BUT I THINK YOU ALSO KNOW THAT SINCE I'VE BEEN ON THE COUNCIL FOR THESE LAST FIVE YEARS, I'VE HAD THREE CHILDREN.

I'VE ALWAYS THOUGHT THAT WAS NOT POSSIBLE, BUT I'M HERE TO TELL YOU IT IS POSSIBLE, YOU CAN HAVE THREE CHILDREN IN FIVE YEARS, AND ALL THOSE CHILDREN, IRONICALLY, HAVE BEEN BORN ON A THURSDAY.

SO THE ONLY DAYS THAT I EVER MISSED COUNCIL MEETINGS WERE THE DAY THAT MY CHILDREN WERE BORN.

AND I CAME BACK AS SOON AS I COULD.

I NEVER MISSED ANOTHER MEETING BECAUSE I BELIEVE THAT THIS JOB IS REALLY IMPORTANT.

AND ALSO RECOGNIZING THAT I'M HERE TO REPRESENT ALL PEOPLE, SMALL BUSINESS OWNERS, FAMILIES, WORKING MOMS, SINGLE MOMS, STAY-AT-HOME MOMS, ALL OF US IS WHO I'M HERE TO REPRESENT.

AND UNTIL I HAD THOSE CHILDREN, I HAD NEVER MISSED A SINGLE DAY OF WORK.

I WAS VERY PROUD TO SAY THAT FOR A LONG TIME, IN 25 YEARS, I'D NEVER MISSED A DAY.

BUT SINCE THOSE CHILDREN, I'VE MISSED -- NEVER COUNCIL, BUT I'VE HAD TO STAY HOME WITH SICK KIDS.

AND I ALSO AM GUILTY OF TAKING MY KIDS TO SCHOOL TO THE DAY CARE WHEN THEY WERE SICK.

MY SON IAN, THE FIRST YEAR WHEN HE STARTED DAY CARE, HE GOT SICK EVERY SINGLE WEEK, AND THEN WE WOULD ALL GET SICK, AND WE'D SPEND THE WEEKEND HOME SICK.

AND IT HAS CHANGED MY PERSPECTIVE ABOUT WHAT PEOPLE NEED IN THIS LIFE.

SO NOT ONLY DO WE NEED BUSINESSES TO BE STRONG AND BUSINESSES TO BE STABLE, WE NEED BUSINESSES THAT CAN STAY IN BUSINESS FOR 50 YEARS OR 60 YEARS.

I'VE BEEN MEETING WITH SOMEBODY WHO WAS IN BUSINESS FOR 70 PLUS YEARS.

THAT'S NOT UNUSUAL IN OUR CITY.

BUT THE ONLY WAY WE CAN DO THAT IS IF WE HAVE A REALLY STRONG WORKFORCE AND REALLY THE ONLY REASON THAT I HAD THE PRIVILEGE OF BEING BEFORE YOU IS BECAUSE I OFFER PAID SICK LEAVE, AND IT MEANS THAT MY EMPLOYEES CAN TAKE OFF WHEN THEY NEED TO, THEY DON'T COME TO WORK SICK.

AND THAT I CAN BE HERE WITH YOU-ALL MAKING THESE IMPORTANT DECISIONS.

WE KNOW THAT PEOPLE REALLY NEED SICK LEAVE, BUT WE ALSO KNOW THAT OUR SMALL BUSINESSES NEED TO BE STRONG.

AND SO I HOPE THAT BY ADOPTING THIS ORDINANCE TODAY, WE CAN -- AUDIO] -- WHEN OUT AND DID THIS PETITION, GOT THE SIGNATURES REQUIRED, I'M VERY GRATEFUL FOR MUCH OF THE DATA THAT WAS PRESENTED TO ME ABOUT WHY THIS ISSUE IS IMPORTANT FOR EVERYONE, FOR BUSINESSES, FOR THE

[02:00:03]

COMMUNITY.

AND SO I HAVE -- I'VE BEEN VERY TROUBLED IN THIS DECISION BECAUSE IT IS -- IMPACTS REALLY ALL -- EVERYTHING THAT I HAVE COME TO BELIEVE AS A PROFESSIONAL, THAT SMALL BUSINESSES REALLY MAKE THE WORLD GO ROUND, AND, OF COURSE, PEOPLE WHO MAKE THOSE BUSINESSES SUSTAINABLE.

SO I DO SUPPORT THE ORDINANCE THAT'S COMING BEFORE US TODAY AND LOOK FORWARD TO -- [APPLAUSE]

>> GONZALES: -- THANK YOU.

LOOK FORWARD TO WORKING WITH MY COLLEAGUES AND THE BUSINESS COMMUNITY AND ALSO ALL THE PAID PEOPLE THAT WENT AND GOT THIS PETITION TO MAKE THIS ORDINANCE, SOMETHING THAT'S REALLY GOOD FOR SAN ANTONIO.

THANK YOU, MAYOR.

>> MAYOR NIRENBERG: THANK YOU, COUNCILWOMAN GONZALES.

COUNCILMAN TREVINO?

>> TREVINO: THANK YOU, MAYOR.

I, TOO, I RESPECT AND APPRECIATE THE PROCESS THAT HAS LED US TO THIS MOMENT.

AND AS COUNCILMAN SALDAÑA SAID, YOU KNOW, ALL THE SIGNATURES THAT WERE GATHERED WERE THE HARD WORK OF MANY OF THE PEOPLE THAT ARE HERE TODAY, AND JUST WANT TO SAY WE APPRECIATE THAT.

AND THAT IS PART OF OUR CITY PROCESS, AND WE WANT TO MAKE SURE THAT WE BUILD ON THAT TRUST, BUILD ON OUR PROCESS.

ALSO WANT TO SPEAK TO THIS ON A PERSONAL LEVEL AS HE MENTIONED, THERE'S A LOT OF PEOPLE THAT GREW UP WITH VERY LITTLE ACCESS TO SOME OF THE THINGS THAT THEY ASPIRE TO.

AND THAT'S -- THAT WAS NO DIFFERENT FOR ME.

YOU KNOW, I ASPIRED TO BE A PROFESSIONAL SOME DAY, AND SADLY, WE KNEW NOBODY LIKE THAT IN THE FAMILY.

AND MY MOTHER, TO THIS DAY, WILL SAY TO YOU, I HAD VERY LITTLE TO DO WITH THE PROFESSIONAL DEVELOPMENT OF MY SON.

AND I WOULD SAY, WELL, YOU TOOK CARE OF ME.

AND SO ON A PERSONAL LEVEL, I THINK THAT THIS IS AT THE HEART OF WHAT PAID SICK LEAVE IS ABOUT, IS GIVING PEOPLE SOME DIGNITY AND THE ABLGHT TO DO WHAT -- ABILITY TO DO WHAT'S RIGHT, BY THEIR FAMILY, BY THE PEOPLE THAT THEY CARE ABOUT, AND ULTIMATELY SOME DAY YOU FIND YOURSELF IN THIS AMAZING OPPORTUNITY TO BE A PROFESSIONAL, MAYBE NOT A YOUNG PROFESSIONAL ANYMORE, BUT A PROFESSIONAL THAT HAS REALIZED A LOT OF HIS DREAMS BECAUSE OF THE SACRIFICES THAT MANY PEOPLE HAVE GONE THROUGH.

I CERTAINLY APPRECIATE THE ISSUES AS A SMALL BUSINESS OWNER MYSELF MOVING FORWARD, BUT I'LL BE SUPPORTING THIS ORDINANCE BECAUSE IT'S THE RIGHT THING TO DO.

[APPLAUSE]

>> TREVINO: AND MY PERSPECTIVE IS COLORED BY KNOWING THAT MY MOTHER IS LIKE MANY, MANY PEOPLE IN OUR COMMUNITY, IS A SINGLE MOTHER JUST SIMPLY TRYING TO RAISE A FAMILY.

THANK YOU, MAYOR.

>> MAYOR NIRENBERG: THANK YOU, COUNCILMAN TREVINO.

COUNCILMAN PERRY.

>> PERRY: THANK YOU, SIR.

BIG ISSUE HERE.

AND LET ME TELL YOU, I -- I CAN SYMPATHIZE, EMPATHIZE WITH THE FOLKS THAT HAVE COME UP HERE SAYING WHY WE NEED PAID SICK LEAVE.

I MEAN, I WAS RIGHT THERE.

I WAS A SINGLE PARENT WITH THREE KIDS.

AND IT WAS TOUGH.

BUT I ALSO LOOK AT THE BUSINESSES HERE IN TOWN, AND TO ME, THERE'S STILL A LOT OF UNCERTAINTY OUT THERE.

AND I DO HAVE A COUPLE OF QUESTIONS HERE ABOUT JUST WHAT I HAVE CONCERNS WITH.

NUMBER ONE, DO WE KNOW WHAT THE COST TO THE CITY IS? DO WE HAVE ANY IDEA WHAT OUR COST IS TO THE CITY OF SAN ANTONIO, BOTH THE CITY STAFF AND TO THE ECONOMY?

>> SCULLEY: MAYOR, COUNCILMEMBER PERRY, WE HAVE NOT DONE A FINANCIAL ANALYSIS OF WHAT IT WOULD COST AT THIS POINT.

>> PERRY: OKAY.

AND THAT'S WHERE IT -- FOLKS, THIS IS A BIG DEAL.

[02:05:05]

ARE -- WHAT THE REQUIREMENTS ARE FOR HANDLING THIS PROGRAM, HOW THE CITY IS GOING TO GET INTO THE BUSINESS' BOOKS AND SEE WHO'S BEING PAID AND WHO'S NOT BEING PAID SICK LEAVE.

A LOT OF ISSUES OUT THERE.

THAT'S MY NUMBER ONE ISSUE.

I MEAN, WE WENT THROUGH THIS FIRE UNION CHARTER CHANGES, AND WE CERTAINLY HAD A LOT OF POTENTIAL COST IMPACTS ON THOSE, BUT HERE WE HAVE JUST AS IMPORTANT FOR THE CITY AND WE DON'T HAVE ANY DATA.

EVERYBODY ON THIS STAGE UP HERE TALKS ABOUT DATA-DRIVEN DECISIONS, AND WE DON'T HAVE THAT RIGHT NOW.

THERE'S -- I MEAN, IT WOULD BE GREAT FOR PAID SICK LEAVE.

AGAIN, IT WOULD HAVE BEEN GREAT FOR ME, TOO.

BUT WE DON'T KNOW WHAT THE IMPACTS ARE FOR THE CITY, FOR OUR CITIZENS, FOR THE FOLKS OUT HERE THAT ARE LOBBYING FOR PAID SICK LEAVE.

I MEAN, WE HAVE THIS NUMBER OF 350,000 PEOPLE, I THINK THAT WAS A GENERAL STATEMENT PUT TOGETHER BY SOME -- SOMEBODY UP IN D.C. THAT DOES NOT KNOW SAN ANTONIO.

OUT OF THAT 350,000 PEOPLE, DOES THAT MEAN THAT THEY DON'T HAVE ANY TIME OFF FOR ANY REASON? I DON'T THINK SO.

WHAT IS A REAL NUMBER? DO WE HAVE A NUMBER ON THAT, SHERYL, ON -- IS IT REALLY 350,000 PEOPLE HERE IN SAN ANTONIO? [CHEERING]

>> SCULLEY: WE HAVE NOT STUDIED THAT, I DON'T KNOW.

>> PERRY: OKAY.

SO THERE'S NO STUDY OR NUMBERS FOR THAT EITHER.

DO WE HAVE ANYTHING IN THIS NEXT YEAR'S BUDGET TO ACTUALLY ENACT OR HANDLE WHATEVER THE REQUIREMENTS ARE FOR THE CITY?

>> SCULLEY: NO, BUT WE WOULD DEVELOP A RECOMMENDATION IF THIS IS APPROVED.

>> PERRY: OKAY.

I MEAN, THIS ORDINANCE ITSELF, 10 PAGES, 3,000 WORDS, JUST TO COME UP WITH, YES, WE WANT PAID SICK LEAVE.

AND, OH BY THE WAY, THERE'S A LITTLE BURIED PART IN THERE THAT SAID THIS APPLIES TO EVERYBODY EXCEPT THE UNIONS.

I DON'T UNDERSTAND THAT.

WHY ARE THE UNIONS EXEMPT FROM HAVING TO PROVIDE PAID SICK LEAVE? WHY IS THAT IN THERE? THAT'S ANOTHER QUESTION I HAVE.

NOBODY CAN ANSWER THAT.

CITY CLERK, HOW MANY SIGNATURES DID WE RECEIVE?

>> CLERK: FOR THIS PETITION ON EARNED PAID SICK TIME, WE RECEIVED A TOTAL OF 145,074 PETITION SIGNATURES.

>> PERRY: OKAY.

AND OUT OF THAT NUMBER, HOW MANY WERE ACTUALLY VALID SIGNATURES?

>> CLERK: WE VALIDATED 70,419.

>> PERRY: OKAY.

SO, YEP, 140,000 SIGNATURES, GREAT, BUT ONLY 70,000 WERE VALID.

YES, 70,000, THAT'S A LOT OF SIGNATURES, I AGREE.

BUT, AGAIN, YOU KNOW, LOOKING AT THE DATA ACROSS THE BOARD, WE DON'T KNOW WHAT THE IMPACTS WILL BE.

EVERY BUSINESS THAT HAVE COME TO ME SAYING THIS IS GOING TO HURT OUR ECONOMY, EVEN THAT FIRE UNION PRESENTATION THAT WAS MADE, IT JUST STRUCK ME SOME OF THE WORDS "ATTRACT AND EXPAND BUSINESSES." WILL THEY MOVE TO SAN ANTONIO BASE ON THIS? WILL THIS BE A DECIDING FACTOR? REDUCTION OF INVESTMENT HERE IN TOWN, A REDUCTION IN OUR QUALITY OF LIFE HERE IN SAN ANTONIO? SLOW OUR GROWTH HERE IN SAN ANTONIO.

YOU KNOW, LET'S JUST SAY THAT THAT 350,000 PEOPLE IS CORRECT, WHAT'S THE IMPACT ON THAT 350,000 PEOPLE? I HAVE BEEN TOLD BY THE BUSINESS COMMUNITY THAT THEY'RE GOING TO MAKE ALLOWANCES IF THE CITY COUNCIL ENDS UP WITH THIS BY REDUCING HOURS, REDUCING EMPLOYEES TO MAKE UP FOR THAT DIFFERENCE.

YOU'RE NOT GOING TO GET AN IMMEDIATE INCREASE IN THE COST OF THOSE SEY STILL WANT TO STAY COMPETITIVE WITH OTHER

[02:10:04]

BUSINESS -- -- THE COST IS GOING TO BE ESCALATED, BUT WHO'S GOING TO BE PAYING FOR THAT ADDITIONAL COST? IT'S EVERYBODY IN THIS ROOM, IT'S ALL THE CITIZENS HERE IN SAN ANTONIO.

THERE'S JUST A LOT OF QUESTIONS OUT THERE THAT HAVE NOT BEEN ANSWERED YET, AND WE'VE -- WE'VE HAD A LETTER FROM OUR ATTORNEY GENERAL, WE'VE HAD A LETTER FROM SENATOR CAMPBELL, AND EVERYBODY'S GOTTEN A CHANCE TO SEE THOSE, AND I TURN TO ANDY TO JUST MAKE SOME COMMENTS ABOUT THE LEGAL ISSUES ON THIS.

>> SEGOVIA: THANK YOU, COUNCILMAN.

YES, WE DID GET -- THE COUNCIL DID GET A LETTER FROM THE ATTORNEY GENERAL, A WELL-CONSTRUCTED LETTER THAT OUTLINES SOME OF THE LEGAL ISSUES.

IT STARTS OUT WITH A PRINCIPLE THAT WE FULLY AGREE WITH, THAT ALTHOUGH HOME RULE CITIES HAVE A GREAT DEAL OF FLEXIBILITY IN TERMS OF PASSING ORDINANCES AND REGULATING, WHAT WE CAN'T DO IS PASS ORDINANCES THAT ARE COVERED CLEARLY BY STATE LAW OR PREEMPTED BY STATE OR FEDERAL LAW.

SO WE FULLY AGREE WITH THAT.

THEN THEY GO ON TO SAY THAT UNDER THE TEXAS MINIMUM WAGE ACT, WHICH INCORPORATES THE FAIR LABOR STANDARDS ACT, THAT ESTABLISHES MINIMUM WAGE, AND NOT ONLY THE FLOOR, WHICH IS WHAT THE DOLLARS PER HOUR, WHICH IS THE FLOOR, BUT ALSO THE CEILING, AND WHAT THEY MEAN BY THAT IS THAT COUNCIL CAN'T CREATE A MINIMUM WAGE THAT GOES BEYOND THAT WHAT'S CALLED FOR BY THE STATE.

AND SO WE AGREE WITH THAT AS WELL.

IN OTHER WORDS, YOU'RE NOT VOTING ON A MINIMUM WAGE ORDINANCE, CLEARLY, HOPEFULLY, WOULD NOT BE ONE WHERE I WOULD RECOMMEND THAT COUNCIL CONSIDER.

HOWEVER, WHAT THE -- THE REASON THAT IT'S BEING ARGUED IN FRONT OF COURTS IS THAT WAGES IS NOT DEFINED UNDER THE STATE MINIMUM WAGE ACT, NOR UNDER THE FLSA; SUBSEQUENTLY, THE WHOLE ISSUE, LEGAL ISSUE, HINGES ON WHETHER PAID SICK LEAVE CONSTITUTES WAGES.

AND BECAUSE THERE ISN'T A DEFINITION, UNFORTUNATELY, THAT'S WHY LAWYERS ARE ARGUING THE ISSUE BEFORE KAWRT -- COURTS.

AS MOST OF THE COUNCIL KNOWS, THERE WAS A VERY SIMILAR AUSTIN ORDINANCE THAT WAS CHALLENGED BY THE BUSINESS COMMUNITY AND THEY SOUGHT TO HAVE AN INJUNCTION TO PREVENT THAT ORDINANCE FROM GOING INTO EFFECT, BECAUSE THE AUSTIN CITY COUNCIL ADOPTED THAT.

THERE WAS A HEARING ON THAT INJUNCTION AND ALTHOUGH THE STATE MADE THE SAME ARGUMENTS, ESSENTIALLY THAT WAS OUTLINED IN THE LETTER, THAT COURT FOUND THAT IT WASN'T CLEAR ENOUGH, THE QUESTION WASN'T CLEAR ENOUGH IN WHICH THEY WOULD ORDER AN INJINX.

SO -- INJUNCTION.

THAT MEANS THAT LITIGATION IS STILL PROCEEDING ON THE MERITS.

IF I HAD THE GIFT OF PROGNOSTICATION, I'D PROBABLY BE CITY ATTORNEY FOR LAS VEGAS VERSUS SAN ANTONIO, BUT I CAN ENVISION MAYBE A COURT DECLARING ULTIMATELY IT'S PREEMPTIVE, BUT IT WOULD BE A CLOSE CALL.

>> PERRY: THANK YOU, SIR.

AND SO HERE WE'RE SETTING OURSELVES UP FOR ANOTHER LAWSUIT WHERE WE'RE GOING TO HAVE TO DEFEND IT WITH TAXPAYER MONEY TO GO AGAINST THE STATE THAT THEY'VE ALREADY TOLD US THAT THEY'RE GOING TO PREEMPT THIS.

THEY'RE GOING TO DO THAT.

AND WE HAD THOSE TWO LETTERS, AND PLUS I'M GOING TO TAKE JUST A COUPLE MINUTES HERE, I JUST GOT ANOTHER LETTER AND THIS IS FROM OUR REPRESENTATIVE LYLE LARSON.

BEAR WITH ME.

DEAR COUNCILMAN PERRY, AS YOU PREPARE TO CONSIDER THE ISSUE OF REQUIRING SAN ANTONIO BUSINESSES TO ADOPT A MANDATORY PAID SICK LEAVE POLICY, WE RESPECTFULLY REQUEST THAT YOU REFRAIN FROM PASSING AN ORDINANCE OR PLACING THE ISSUE ON THE BALLOT.

PAID SICK LEAVE IS ONE OF THE MANY BENEFITS THAT MAY BE OFFERED BY AN EMPLOYER AS PART OF AN OVERALL COMPENSATION PACKAGE, INCLUDING HEALTH INSURANCE, TRAVEL STIPENDS AND BONUSES.

WE BELIEVE BUSINESS OWNERS, NOT THE CITY COUNCIL, ARE BEST EQUIPPED TO DECIDE WHICH BENEFITS TO OFFER EMPLOYEES.

ADDITIONALLY, IT IS CLEAR THAT STATE LAW PROHIBITS THE ADOPTION OF SUCH AN ORDINANCE.

SHOULD THE COUNCIL ADOPT THIS POLICY, IT WILL ALMOST ASSUREDLY FACE A LEGAL CHALLENGE AND WILL LIKELY BE OVERTURNED.

FURTHER, IF THIS POLICY IS PASSED, WE ARE PREPARED TO FILE LEGISLATION TO RESCIND IT AND PREVENT THE ENACTMENT OF SIMILAR POLICIES IN THE FUTURE.

THANK YOU FOR YOUR CONSIDERATION OF MY OPPOSITION TO A MUNICIPALITY MANDATED PAID SICK LEAVE

[02:15:01]

POLICY.

BEST, LYLE LARSON.

SO WE'RE GETTING -- WE'RE GETTING -- AUDIO] -- RECOMMENDATIONS THAT WE NOT PURSUE THIS BECAUSE AS SOON AS WE DO, WE'RE GOING TO GO INTO A LAWSUIT.

WE'RE PUSHING OURSELVES INTO THAT.

WE JUST DON'T HAVE THE DATA AND WE DON'T HAVE THE FACTS FOR MYSELF TO MAKE A RECOMMENDATION TO APPROVE THIS ORDINANCE.

SO SPEAKING OF TIMING, ANDY, YOU -- DID YOU GO THROUGH THE SEQUENCE OR THE TIMING OF THIS ON WHAT HAPPENED AND WHAT THE SEQUENCE IS ON WHEN WE HAD TO MAKE DECISIONS, THAT KIND OF THING? I MEAN, WHEN DO WE HAVE TO HAVE THIS DECIDED ON THE CITY COUNCIL.

>> SEGOVIA: OH, UNDER THE CITY CHARTER, THE COUNCIL HAS, AS PRESCRIBED AMOUNT OF TIME TO CONSIDER IT.

I THINK IT'S -- WAS IT 30 OR -- 60 DAYS.

60 DAYS TO CONSIDER IT UNDER THE CHARTER.

>> PERRY: OKAY.

SO THIS -- WITHOUT THE PROPER INVESTIGATION AND DATA, HOW DID THIS GET ON THIS AGENDA AT THIS POINT? WHO PUT IT ON THE AGENDA FOR TODAY?

>> SCULLEY: I DID.

>> PERRY: OKAY.

BUT WE -- YOU KNOW, WE ARE OBVIOUSLY MISSING SOME DATA AND INFORMATION AS TO WHAT THE IMPACTS ARE ON THE CITY IF WE DO ADOPT THIS ORDINANCE.

SO I'M GOING TO MAKE A MOTION HERE, OR AN AMENDMENT TO THE MOTION -- YEAH, I'M GOING TO MAKE A MOTION HERE.

BASED ON THE UNKNOWNS OF THIS ORDINANCE THAT I MOTION TO DELAY CONSIDERATION OF THIS ITEM UNTIL SEPTEMBER 20TH, 2018.

AND THAT'S MY MOTION, SIR.

>> MAYOR NIRENBERG: OKAY.

THERE'S A MOTION --

>> I'LL SECOND THE MOTION.

>> MAYOR NIRENBERG: AND THERE'S A SECOND.

THE MOTION TO DELAY BECOMES PRIMARY, SO WE WILL LIMIT DISCUSSION TO THE MOTION TO DELAY.

ARE THERE ANY MEMBERS WHO WISH TO SPEAK TO THE MOTION TO DELAY? OKAY.

HEARING NONE, WE'LL GO AHEAD AND ENTERTAIN THAT MOTION TO DELAY.

ALL THOSE IN FAVOR OF A DELAY, PLEASE VOTE.

[CHEERING]

>> MAYOR NIRENBERG: WE'LL CONTINUE DISCUSSION.

PLEASE QUEUE IN, AGAIN, COUNCILMEMBERS TO THE PRIMARY MOTION, WHICH IS A MOTION AND A SECOND TO AMEND ITEM SEVEN.

COUNCILMAN PELAEZ, WERE YOU NEXT? OKAY.

PELZ THANK --

>> PELAEZ: , I DO THINK THAT EVERYBODY IN THIS ROOM AND EVERYBODY FROM SAN ANTONIO EXPECTS FROM CITY COUNCIL OBJECTIVITY, AND THAT WE PUT ASIDE OUR BIASES AND THAT WE REALLY LOOK AT MATTERS AS OBJECTIVE AS POSSIBLE, BUT WE FACE HARD TRUTHS THAT WE ASK VERY TOUGH QUESTIONS OF OURSELVES, OF EACH OTHER AND OF STAFF AND OF THE PUBLIC WHEN THE PUBLIC COMES AND ASKS US FOR THINGSES.

MANY TIMES THOSE QUESTIONS ARE GOING TO BE UNCOMFORTABLE, AND INFORMED BY ALL THOSE THINGS THAT WE TAKE VERY THOUGHTFUL VOTES.

SO I'LL MAKE AN OBSERVATION FIRST.

I THINK IT'S GOING TO MAKE YOU HAPPY, TOP, IN THE MOVE.

I HEARD SOMEBODY TODAY SAY THAT THE CURRENT THRESHOLD FOR SIGNATURES IS SO HARD TO REACH AND THAT, YOU KNOW, IT'S ALMOST IMPOSSIBLE BECAUSE NOBODY CAN MAKE THEIR VOICE HEARD.

YOU GUYS GOT 140,000 VOTES -- SIGNATURES, WITHOUT PAYING ANYBODY AND JUST DOING IT ON YOUR OWN.

THAT WAS REALLY IMPRESSIVE.

YOU MADE IT LOOK EASY, TOO.

AND, YOU KNOW, TO THE PERSON WHO SAID THAT IT WAS SO HARD

[02:20:01]

TO GET ALL THOSE SIGNATURES, THERE IS A ROOM FULL OF YOUNG PEOPLE HERE TODAY THAT JUST PROVED THAT YOU'RE WRONG.

YOU GUYS DESERVE RECOGNITION AND CONGRATULATIONS FOR THIS REALLY IMPRESSIVE EFFORT THAT YOU GUYS PUT FORTH.

[APPLAUSE]

>> PELAEZ: NOW, LET'S TALK ABOUT OPTIONS.

MY UNDERSTANDING, AND I'M DOING THIS JUST FROM HAVING READ THE LAW, IS THAT WE'VE ONLY GOT TWO OPTIONS TODAY.

OUR OPTION NUMBER ONE IS TO VOTE TO ENACT AN ORDINANCE.

OPTION NUMBER TWO IS TO PLACE THIS ON THE BALLOT.

THERE'S NO OPTION NUMBER THREE, IS MY UNDERSTANDING.

SO ANDY, OUR CITY ATTORNEY, I'VE GOT SOME QUESTIONS.

I'VE RECEIVED LETTERS FROM THE CHAMBERS, I'VE RECEIVED LETTERS FROM BUSINESS ADVOCACY GROUPS, FROM INDIVIDUAL BUSINESS OWNERS, A SENATOR, AND I ALSO RECEIVED A LETTER FROM STATE REP LARSON.

AND I'LL USE THE E-MAIL FROM STATE REPRESENTATIVE LARSON, IN IT HE SAYS, I REQUEST THAT YOU NEITHER VOTE IN FAVOR OF THE ORDINANCE OR TAKE ACTION TO PUT IT ON THE BALLOT.

SO MY QUESTION FOR YOU, ANDY, IS -- AM I MISSING SOMETHING THAT REPRESENTATIVE LARSON, YOU KNOW, IS APPARENTLY GRASPING THAT I'M NOT? DO WE HAVE THAT OPTION --

>> SEGOVIA: THANK YOU, COUNCILMAN, BECAUSE YOU'RE RIGHT.

THERE IS A LOT OF MISINFORMATION OUT THERE IN TERMS OF THE OPTIONS BEFORE THE COUNCIL.

YOU HAVE IT CORRECT, UNDER STATE LAW IN THE CHARTER, THE OPTIONS ARE FOR A PETITION TO PUT AN ONUS BEFORE THE COUNCIL, THE COUNCIL EITHER ADOPTS IT AS WRITTEN, THEN IT BECOMES A CITY ORDINANCE AND IT'S NOT PLACED ON THE BALLOT OR IF THE COUNCIL EITHER REJECTS IT OR MODIFIES IT, A MODIFICATION IS DEEMED A REJECTION, IT WILL GO ON THE NEXT REGULAR BALLOT.

>> PELAEZ: OKAY.

THANK YOU.

SO I REFER BACK TO THIS LETTER THAT WE RECEIVED FROM THE ATTORNEY GENERAL'S OFFICE, AND I'M QUOTING WORD FOR WORD FROM IT, HE SAYS "CITY COUNCIL MUST VOTE ON WHETHER TO ENACT THE ORDINANCES PROPOSED, AND IF IT DECLINES TO DO SO, THEN THE COUNCIL MUST PLACE THE PROPOSAL ON THE BALLOT FOR VOTERS TO DECIDE." I THINK THAT THE AG BASICALLY CAPTURED WHAT YOU JUST TOLD US.

AND SO MY OTHER QUESTION, I'VE RECEIVED SOME OTHER REQUESTS TODAY AND THROUGHOUT THE PAST FEW WEEKS THAT MAYBE OUR THIRD OPTION IS FOR CITY COUNCILMEMBERS TO ABSTAIN FROM VOTING BECAUSE WE DON'T HAVE ENOUGH DATA OR, YOU KNOW, WE DON'T THINK THAT THERE SHOULD BE AN INTERFERENCE FROM CITY CITY COUNCIL IN THE EMPLOYER/EMPLOYEE RELATIONSHIP.

ANDY, WHAT WOULD BE THE EFFECT OF AN ABSTENTION VOTE TODAY? IF I VOTED TO ABSTAIN, HOW DOES THE LAW INTERPRET MY ABSTENTION?

>> SEGOVIA: IF THERE'S A COLLECTIVE VOTE TO ABSTAIN BY THE MAJORITY WOULD BE VIEWED AS A REJECTION, THEN IT WOULD GO ON THE BALLOT.

>> PELAEZ: AND IT GOES STRAIGHT TO THE BALLOT?

>> SEGOVIA: CORRECT.

I MISS MISSPOKE WHEN I WAS ANSWERING COUNCILMAN PER PERRY.

>> PELAEZ: SO UNDERSTANDING THAT THERE'S ONLY TWO CHOICES AVAILABLE TO US, I WANT TO TALK ABOUT HOW I LOOK AT PAID SICK LEAVE.

I THINK PAID SICK LEAVE IS A LOT OF BULGLE.

I UNDERSTAND THE PROBLEMS FACED BY WORKERS WHO FIND THEMSELVES SICK AND NEEDING TO RECOVER AND CONVALESCE AND THEN NOT GETTING PAID FOR TAKING CARE OF THEIR OWN BODIES.

I GET THAT.

I ALSO UNDERSTAND THE BUSINESS COMMUNITY'S CONCERN, AND I GET THAT BECAUSE I ALSO AM A BUSINESS OWNER, AND I DON'T THINK THAT GOVERNMENT SHOULD OVERREACH, AND, YOU KNOW, FIND NEW WAYS TO IMPOSE COSTS ON US.

THOSE ARE VERY, VERY IMPORTANT COMPETING INTERESTS, THAT'S A VERY IMPORTANT DEBATE, AND I'M NOT GOING TO HAVE THAT DEBATE TODAY.

I'M REALLY LOOKING AT THIS FROM A DIFFERENT ANGLE.

I'M LOOKING AT THIS AS A LAWYER WHO'S PRACTICED WAGE AN HOUR LAW FOR CLOSE TO 20 YEARS, SO BEFORE I EVEN WEIGH THOSE COMPETING INTERESTS, I'VE GOT TO LOOK AT BEFORE I WEIGH THOSE INTERESTS, I HAVE TO LOOK AT EXISTING STATE AND FEDERAL LAW.

THE LIKELIHOOD OF THE SUCCESS IF THIS ORDINANCE IS CHALLENGED IN COURT AND THE LIKELIHOOD THAT CHASING THIS OR DY ORDINANCE ON THE BALLOT WHETHER IT WILL MUDDY THE WATERS IN THE FULL THROATED AND COMPLETE DEBATE ABOUT THE FIREFIGHTER REFERENDUM ITEMS. LET ME COVER THE LAW FOR YOU.

I'VE BEEN DOING THIS FOR A LONG, LONG TIME.

I SIMPLY THINK -- I THINK IT'S MY FORMAL PROFESSIONAL OPINION THAT THIS ORDINANCE IS PREEMPTED BY STATE LAW.

AND THE TEXAS CONSTITUTION.

YOU KNOW, THE LABOR CODE AND THE

[02:25:01]

CONSTITUTION, THEY'RE NOT VAGUE WHEN IT COMES TO WHETHER OR NOT CITIES CAN DO THIS.

IT'S VERY SPECIFIC ABOUT WHO HAS THE EXCLUSIVE JURISDICTION TO REGULATE THE EMPLOYER-EMPLOYEE RELATIONSHIP.

AND IT'S VERY SPECIFIC NOT IN SAYING ONLY THE STATE DOES.

IT ACTUALLY GOES SO FAR AS SAYING THE CITIES MAY NOT BECAUSE ONLY THE STATE DOES.

THAT IS REALLY IMPORTANT.

MICHELLE, YOU SENT US A VERY THOROUGH BRIEF, YOU KNOW, CONTESTING THAT ANALYSIS THAT I JUST -- I JUST TRIED TO SUMMARIZE.

REALLY INTERESTING BRIEF.

I PROMISE, I READ IT VERY CAREFULLY AND I'VE HAD OTHER LAWYERS LOOK AT IT.

IT'S A GOOD DOCUMENT.

BUT IT'S WRONG.

IT DOESN'T OVERCOME THE SIMPLE TRUTH THAT STATE LAW DOES PREEMPT THIS.

AND I WISH THAT CITY COUNCIL WOULD BE INTERESTING IF WE HAVE THE POWER TO ENACT UNIVERSAL HEALTH CARE, RIGHT? OR IF WE, ON OUR OWN, COULD FIX GERRYMANDERED CONGRESSIONAL DISTRICTS.

OR IF WE COULD DECLARE WAR ON NORTH KOREA.

BUT WE DON'T HAVE THAT POWER.

THAT'S NOT OURS.

SO THEN I CONSIDER THROUGH THE EYES OF A WAGE AN HOUR LAWYER, THE LEGISLATIVE AND THE COURT CHALLENGES THAT ARE GOING TO COME.

AND, YOU KNOW, BECAUSE OF THE PREEMPTION, I'M CONVINCED THE LEGISLATURE IS GOING TO MOVE QUICKLY TO ADDRESS THIS ONCE AND FOR ALL.

THEY'RE GOING TO SETTLE THIS DEBATE FOR US.

THEY'LL ENACT A PAID SICK LEAVE SCHEME FOR THE ENTIRE STATE, OR THEY'RE GOING TO MAKE ABSOLUTELY CONCRETE AND UNDEBATABLE THAT THERE IS A PREEMPTION AT THE STATE LEVEL AND LEAVE NO QUESTION AS TO WHETHER OR NOT THE CITIES HAVE THE ABILITY TO REGULATE EMPLOYMENT.

SO THIS INEVITABILITY AS ADULTS, IT'S IMPORTANT WHEN WE GET COMFORTABLE WITH THE IDEA THAT THE SUPREME COURT IS GOING TO INVALIDATE A SAN ANTONIO MUNICIPAL PAID SICK LEAVE ORDINANCE.

AND IF THEY DON'T DO IT, THE STATE LEGISLATURE WILL DO IT FOR US.

THAT'S A HARD TRUTH.

I CAN'T IGNORE IT.

SO BELIEVING THAT THIS IS -- I THINK THIS IS DEAD ON ARRIVAL IN AUSTIN.

SO, NOW, THE FIREFIGHTER BALLOT INITIATIVE.

SAN ANTONIOIANS HAVE A RIGHT TO MAKE -- TO HAVE A DEBATE ABOUT THE VERY STRONG FEELINGS THEY HAVE IN ONE DIRECTION OR ANOTHER, YOU KNOW, THOSE TWO POINTS.

I'M JUST TELLING YOU, THERE'S STRONG FEELINGS ON BOTH SIDES.

THAT DEBATE NEEDS TO HAPPEN.

AND IT'S OH A DEBATE WORTH HAVING.

I'M NOT SURE IT'S RESPONSIBLE FOR ME AS A LEADER WHO KNOWS WHAT I JUST SAID OUT FOR YOU TO PLACE ON THE BALLOT WHAT I BELIEVE TO BE AN UNENFORCEABLE PREEMPTIVE ORDINANCE.

ESPECIALLY IF IT'S GOING TO MUDDY THE WATERS WHEN IT COMES TO A DEBATE ON THE FIREFIGHTER REFERENDUM.

SO ALL THAT SAID, I'M GOING TO VOTE YES TODAY TO ENACT AN ORDINANCE.

AND I'M GOING TO CAUTION YOU THAT WHAT YOU JUST CELEBRATED, YOU OUGHT NOT TO.

MY VOTE TODAY SHOULD NOT BE CONFUSED FOR A MUNICIPALLY MANDATED PAID SICK LEAVE ORDINANCE.

MY VOTE TODAY IS THE ONLY WAY BASED ON WHAT OUR ATTORNEY IS TELLING US IS THE ONLY WAY WE CAN SETTLE THIS DEBATE ONCE AND FOR ALL BY DEFERRING IT TO THE STATE LEGISLATURE AND BY LETTING THE COURTS DO WHAT THE COURTS DO.

OKAY? MY HOPE IS THAT THE LEGISLATURE REALLY TAKES IT SERIOUSLY AND DOES ITS JOB.

THERE'S A LOT OF PEOPLE OUT THERE THAT ARE HURTING AND THERE ARE A LOT OF BUSINESSES OUT THERE THAT NEED SOME CERTAINTY.

WE DON'T NEED A PATCHWORK AROUND TEXAS OF MUNICIPAL ORDINANCES HERE, NOT THERE.

GIVE YOU AN EXAMPLE, MUNICIPAL ORDINANCE, WHILE CERTAINLY WELL THOUGHT OUT, WOULD LITERALLY MAKE EMPLOYERS FROM OUT OF THIS STATE PAY SICK LEAVE -- PAY PAID SICK LEAVES OF SOME EMPLOYEES OF THEIRS AND NOT OTHERS.

THAT'S NOT FAIR TO ALL OF THE OTHER EMPLOYEES EITHER.

A BUSINESS IN CASTLE HILLS, FOR EXAMPLE, IS EXEMPT FROM THE ORDINANCE, BUT IF THE BUSINESS FROM ACROSS THE STREET, YOU KNOW, THE BUSINESS ACROSS THE STREET IS NOT, THAT IS ILLOGICAL.

SO MY VOTE TODAY IS REALLY MORE PROCEDURAL THAN ANYTHING ELSE.

AND I WANT TO MAKE SURE NOBODY CELEBRATES MY VOTE TODAY AS SUPPORTIVE OF THIS ORDINANCE BECAUSE I THINK IT'S FLAWED.

WELL INTENTIONED.

BUT FLAWED.

SO, SHERYL, WE STILL DON'T KNOW HOW THIS IS GOING TO GET IMPLEMENTED.

WE DON'T KNOW HOW MUCH THIS IS GOING TO COST.

I LOVE BRIGITTE, SHE'S COMPETENT.

SHE'S NOT AN EXPERT IN WAGE AN HOUR LAW OR TAKING COMPLAINTS LIKE THIS.

I DON'T THINK HER DEPARTMENT IS GEARED UP OR STAFFED OR HAS THE RESOURCES TO DO THIS.

[02:30:02]

WE HAVE NO IDEA HOW MANY MILLIONS OF DOLLARS THIS IS GOING TO COST TO IMPLEMENT.

I DON'T EVEN KNOW IF ANDY YOU HAVE THE TEAM IN PLACE TO ENFORCE THIS AT MUNICIPAL COURT AND COLLECT THE FINES FOR VIOLATIONS.

I REALLY DO THINK THAT THE HORSE IS BEHIND THE CART IN THIS CASE.

SO OVER THE NEXT SIX MONTHS, I'M GOING TO BE WORKING WITH OUR STAKEHOLDERS, STAFF, BUSINESSES, TO REALLY UNDERSTAND AND BETTER ANALYZE THE COSTS ASSOCIATED WITH THE ORDINANCE.

THERE'S GOING TO BE IMPEDIMENTS TO OUR EFFORTS AROUND SAN ANTONIO.

PEOPLE ARE GOING TO GOOGLE US AND SAY SHOULD I MOVE OUR BUSINESS TO SAN ANTONIO? WAIT? THERE'S PAID SICK LEAVE HERE? THERE'S UNCERTAINTY ABOUT THE ENFORCEABILITY.

I'D RATHER MOVE TO SHIRTS OR SELMA.

-- LOOK FORWARD TO WORKING WITH YOU AND THE REST OF THE CONSTITUENTS WHO REALLY CARE ABOUT BOTH SIDES OF THIS DEBATE, TO FIGURE OUT HOW TO MOVE FORWARD ON THIS.

THANK YOU.

>> THANK YOU, COUNCILMAN PELAEZ, COUNCILMAN BROCKHOUSE?

>> GREG BROCKHOUSE: THANK YOU, MAYOR.

I WANT TO START BY SAYING, YOU KNOW, I AGREE WITH COUNCILMAN PERRY, MORE INFORMATION WAS NEEDED.

I SUPPORTED YOU ON THOSE GROUNDS ALONE.

THERE ARE A LOT OF QUESTIONS.

AND IN THE COUNCILMAN PELAEZ'S COMMENTS, WE DON'T NEED TO REITERATE THEM, WE COULD HAVE USED MORE TIME AND ANALYSIS ON THE IMPACT OF THE BUSINESSES AND THE FOLKS WORKING THERE, THE SMALL BUSINESS FAMILY OWNERS.

THE FOLKS IN MY DISTRICT THAT I'M CONCERNED WHEN I SEE AN ORDINANCE LIKE THIS.

I'VE GOT A FEW NOTES.

I'LL WALK THROUGH THEM AND MAKE SURE I'M CLEAR ABOUT MY POSITION ON THIS TODAY.

MY CONCERNS ARE REALLY ABOUT THE NEED AND THE UNINTENDED CONSEQUENCES OF POLICY ACTIONS LIKE THIS TODAY.

CONTINUE AS ALWAYS TO BEAT THE DRUM OF THE ROLE OF CITY HALL IN THE DAY-TO-DAY LIVES OF PEOPLE AND BUSINESSES.

WE MUST, AS A COUNCIL, REMEMBER OUR ROLE IN THE SUCCESS OF OUR COMMUNITY IS ACTUALLY VERY LIMITED.

CITY HALL DOESN'T CREATE JOBS.

CITY HALL DOESN'T CREATE WEALTH.

WHAT CITY HALL DOES IS CREATE THE ENVIRONMENT FOR SUCCESS OR FAILURE.

WE NEED TO STICK TO THE BASICS AND CREATE THE RIGHT ENVIRONMENT FOR THE PROFESSIONALS TO DO THEIR JOBS AND I BELIEVE IN THIS PARTICULAR CASE, WE ARE WAIT -- WAY OUT OF LINE IN THE IMPLEMENTATION OF THIS ORDINANCE TODAY.

NOW, FROM A COLLECTION OF SIGNATURES STANDPOINT, YOU ACCORDING TO LAW, YOU COLLECT THE SIGNATURES, YOU'VE EARNED THE RIGHT TO VOTE.

WHETHER YOU'RE A FIREFIGHTER, DRIVING A STREETCAR, WHATEVER IT IS YOU'RE DOING.

THE LAW IS CLEAR.

IF YOU COLLECT THEM, YOU EARN THEM, YOU'RE VERIFIED, YOU GET THE VOTE.

I'M GOING TO STAND IN SUPPORT OF THAT TODAY.

IF YOU DO IT FOR ONE, YOU HAVE TO DO IT FOR EVERYBODY.

SO I'M CLEAR THAT WE HAVE TO HONOR THE RIGHT TO PETITION THEIR GOVERNMENT.

AND FRANKLY, JUST A SIDE NOTE ON THAT PIECE, THE REASON PEOPLE PETITION THEIR GOVERNMENT, WHETHER IT'S FIREFIGHTER CHARTER AMENDMENTS OR STREETCAR OR PAID SICK LEAVE, IT'S BECAUSE THEY BELIEVE THEIR ELECTED LEADERSHIP IS NOT LISTENING TO THE NEEDS OF THE WILL OF THE COMMUNITY.

SO THEY GO ON THEIR OWN IN ABSENCE OF SUPPORT OR LEADERSHIP OR COUNCIL SO THEY GO ON THEIR OWN IN THE ATTEMPT TO COLLECT THE SIGNATURE, THE WILL OF THE PEOPLE WILL DICTATE IT AT THE BALLOT BOX AND I STAND IN SUPPORT OF THAT.

BUT I WANT TO ADDRESS A FEW COMMENTS THAT I HEARD IN THE LAST COUPLE OF WEEKS AND IT'S REALLY HARD TO HEAR SOME OF THESE ATTACKS ON BUSINESS OWNERS, I JUST WANT TO CLARIFY SOME THINGS FROM A STANDPOINT OF WHAT IT MEANS TO BE A SMALL BUSINESS OWNER WHERE MY CONCERNS ARE WITH REGARDS TO THOSE RUNNING AND OPERATING BUSINESSES AND THEIR FAMILIES A THE SAME TIME.

THIS IS WHAT I'VE HEARD.

BUSINESS OWNERS SHOULD SHARE THEIR PROFITS.

BUSINESS OWNERS ARE GREEDY.

PEOPLE CAME UP AND SAID NO ONE SHOULD HAVE TO BE PAYING THEIR BILLS OR THEIR CHILDREN.

AND BUSINESS OWNERS NEED TO CARE ABOUT THEIR EMPLOYEES.

A COMMON REFRAIN OF PROPONENTS THAT COME UP ONE AFTER THE OTHER THAT SOMEHOW OR ANOTHER THE BUSINESS COMMUNITY IS ENACTING LEGISLATION THAT HURTS PEOPLE.

I WANT TO HIGHLIGHT A FEW THINGS.

NUMBER ONE, BUSINESSES DO SHARE THEIR PROFITS.

THEY DO.

THEY SHARE THEM IN THE FORM OF WAGES AND BENEFITS.

THOSE ARE SHARED PROFITS.

BUT I WANT TO THINK ABOUT THE BUSINESS OWNER THEMSELVES.

THE BUSINESS OWNER IN THIS CONVERSATION BEARS ALL OF THE RISK.

IT'S THEIR NAME ON THE LINE, IT'S THEIR COMPANY.

IT'S A HUGE BURDEN TO CARRY.

YOU'RE NOT ONLY DOING IT.

IF YOU THINK ABOUT THE SMALL BUSINESS PIECES, I THINK I GOT A STAT HERE THAT OVER -- MORE LIKE THE COURSE OF -- THE ECONOMIC DEVELOPMENT SURVEY SAID 97% OF ALL BUSINESSES IN SAN ANTONIO ARE SMALL BUSINESSES.

SOME SAY IT'S 85% OR HIGHER.

THERE'S ABOUT 15,000 BUSINESSES IN SAN ANTONIO WITH LESS THAN 10 EMPLOYEES.

LESS THAN 10 EMPLOYEES.

THAT'S A MICRO SMALL BUSINESS.

AND THAT BUSINESS IS THEIR FAMILY.

BUT I'M HERE TO TELL YOU, THOSE

[02:35:03]

BUSINESS OWNERS ALSO TREAT THEIR EMPLOYEES LIKE PART OF THEIR FAMILY.

THERE'S BEEN MANY TIMES, ME AS A SMALL BUSINESS OWNER MYSELF, WHERE I HAVE CUT THE PAYROLL OUT OF MY PERSONAL SAVINGS SO MY EMPLOYEES DID NOT GO WITHOUT.

AND I'M GOING TO TELL YOU FROM THE BOTTOM OF MY HEART AS A FACT -- AS A FACT, 90% PLUS OF ALL BUSINESS OWNERS FEEL THAT WAY.

THEY FIGHT FOR THE RIGHTS OF THEIR EMPLOYEES AS WELL BECAUSE THEY ARE PART OF THEIR FAMILY.

WE ALL UNDERSTAND AS BUSINESS OWNERS, THE EMPLOYEES ARE THE ONES HELPING US TO BE SUCCESSFUL BUT THE END OF THE DAY, THE RISK IS ON THE BUSINESS OWNER.

THERE IS NO OTHER SHARED RISK WITH THAT.

I WANT TO TELL A STORY ABOUT -- REAL QUICK, RETELL THE STORY OF VIOL AA BARIOS.

SHE CAME AND SPOKE TO US A COUPLE OF WEEKS AGO, COMPEL EGG.

J.D. GONZALES CAME UP AND TALKED TO HER.

SHE'S A LATINA SMALL BUSINESS OWNER RAISING HER FAMILY BY HERSELF AFTER HER HUSBAND'S DEATH.

SHE RAN HER FAMILY AND HER BUSINESS ON HER OWN.

BY HERSELF.

ONE SPEAKER SAID REMEMBER SINGLE MOTHERS IN PAID SICK LEAVE.

I REMEMBER 100%.

WHO'S REMEMBERING THE BUSINESS OWNER AND THE OTHER COUNTLESS SMALL BUSINESS OWNERS THAT ARE DOING THE WORK OF FIVE, TEN, OR SEVEN DIFFERENT JOBS IN THEIR SMALL BUSINESS? NOBODY IS OFFERING -- NOBODY IS COVERING THEM WHEN THEY'RE SICK.

GUESS WHAT'S HAPPENING TO THE BUSINESS OWNER IN THESE MICROSMALL BUSINESSES.

THEY'RE COMING IN AND DOING THE JOBS OF THE PEOPLE WHO DON'T SHOW.

NOW, IF THEY'RE SICK, THEY'RE SICK.

BUT FROM A BUSINESS OWNER PERSPECTIVE, I'M HERE TO TELL YOU THAT THERE'S ONLY TWO PEOPLE THAT ARE GOING TO FILL THE ROLE OF THE SICK EMPLOYEE.

EITHER THE OWNER GOES OUT AND HIRES AND BRINGS IN ANOTHER PERSON, OR THE BUSINESS OWNER DOES IT THEMSELVES.

AND IT ALMOST IS ALWAYS OCCURRING AND I KNOW I'VE DONE IT WHERE IF MY EMPLOYEE CALLS IN SICK, THEN I GO IN AND TAKE ON THE ADDITIONAL WORKLOAD.

THAT HAS TO BE THOUGHT ABOUT, RIGHT? SO BUSINESS OWNERS ARE WORKING UP TO SOMETIMES 100 HOURS A WEEK.

THEY BRING THEIR KIDS TO WORK, FREE LABOR.

THEY BRING THE KIDS TO WORK AND DO SMALL BUSINESS.

VIOLA BARRIOS DID IT.

SHE BROUGHT HER CHILDREN WITH HER TO NOT MISS THE OPPORTUNITY TO EARN A PROFIT FOR THE DAY.

BECAUSE AT THE END OF THE DAY, THE PROFITS FROM THAT DAY -- AND THIS IS HOW A SMALL BUSINESS OPERATES, THE PROFITS FROM THAT DAY WERE TAKEN TO THE BANK THAT NIGHT, DEPOSITED SO CHECKS WOULDN'T BOUNCE AND PAYROLL WOULD CLEAR.

THAT'S THE LIFE OF A SMALL BUSINESS OWNER.

I WANT YOU TO THINK ABOUT FOLKS LIKE VIOLA BARRIOS OR HIGH WHEY 90 BURGERS.

WHEN PEOPLE SAY THE PROFITABILITY IS GOING TO HURT, THE BOTTOM LINE IS GOING TO SUFFER AS A RESULT.

ALL I ASK IS THAT YOU THINK ABOUT THE FACT THAT FOLKS LIKE VIOLA BARRIOS ARE COUNTING EVERY NAPKIN AND CHIP ON THE TABLE.

THAT'S -- THAT'S SMALL BUSINESS.

THAT'S BUSINESS, PERIOD.

GRANTED, YOU GET THE HYATT AND SOME OF THESE BIG COMPANIES AND ORGANIZATIONS IN YOUR MIND AND YOU THINK ABOUT THEM A LOT.

BUT IN REALITY, IF 90% PLUS OF BUSINESSES IN SAN ANTONIO WERE SMALL, YOU'RE COUNTING AND LOOKING AT EVERY CHIP YOU PUT IN THE BOWL, EVERY NAPKIN ON THE TABLE.

AND THAT SICK PAID HOUR WHILE IT'S THE -- THE CITY MANDATING YOU TO DO IT, IT'S STILL AN HOUR OF LOST PROFITABILITY THAT HAS TO BE MADE UP IN ONE SHAPE, FORM, OR ANOTHER.

SO SMALL BUSINESSES ARE A FAMILY.

THEY CONSIDER THEIR EMPLOYEES LIKE FAMILY AS WELL.

AND WE CANNOT AND WE SHOULD NOT IN THIS DEBATE TURNED AROUND AND TRIED TO PIN GREED OR PROFITABILITY ON THE BACKS OF SMALL BUSINESSES.

THAT'S NOT HOW THEY OPERATE.

THEY'RE THE BACKBONE OF EVERYTHING YOU'RE TRYING TO ACCOMPLISH AS A FAMILY.

THEY PROVIDE THE WEALTH, THE JOB, THE OPPORTUNITY FOR YOU.

THE EMPLOW IEE GOES OUT AND -- THE EMPLOYEE GOES OUT AND GRABS AND MAKES A CHOICE TO WORK AT A PLACE OR NOT.

EMPLOYMENT IS A TWO-WAY STREET.

WE HAVE ONE OF THE BEST JOB MARKETS WE'VE HAD IN DECADES IN OUR CITY AND NATION.

YOU CAN FIND AN EMPLOYER THAT FITS WHAT'S BEST FOR YOU AND YOUR FAMILY IN DIFFERENT LINES OF WORK.

THE OPPORTUNITIES ARE THERE.

LIKE I SAID, IT'S -- I'LL BE HONEST WITH YOU, MY LIFE AS A SMALL BUSINESS OWNER, I'VE LEARNED MORE ABOUT LIFE AND JUST LEADERSHIP FROM THE TIMES I NEARLY MISSED PAYROLL OR HAD TO GO TO MY SAVINGS ACCOUNT TO GET FOLKS PAID.

YEAH, PROFITABILITY HAPPENS, BUT YOU HAVE TO CONSIDER THAT PEOPLE RUNNING THESE BUSINESSES AND CREATING OPPORTUNITY FOR YOU ARE DOING THE BEST THEY CAN.

THE BUSINESSES WITH UNDER 100 EMPLOYEES, UNDER 50, THEY STRUGGLE EVERY DAY.

ONE POLICY IS NOT A ONE SIZED FITS ALL.

AND $500 FINES CAN BE DETRIMENTAL TO EMPLOYERS TO TRYING TO DO GOOD WORK.

THINK OF THE UNINTENDED CONSEQUENCE.

IF YOU DON'T HAVE SOMEBODY WHO DOES IT, THEY'RE FINED OR OVERFINED THEIR BUSINESS AND THEY'RE OUT OF WORK AND YOU'RE OUT OF EMPLOYMENT.

YOU'RE OUT OF YOUR JOB AT THAT POINT.

IF YOU'RE FINING BUSINESSES THAT ARE STRUGGLING THAT MAY ONLY

[02:40:01]

MAKE $500 A PROFIT IN A WEEK AND WE COME IN WITH OVERREGULATION AND THEY GET FINED OR IN TROUBLE, THOSE ENFORCEMENT MECHANISMS, THAT IS GOING TO BE DETRIMENTAL.

YOU MAY LOSE YOUR JOB AS A RESULT OF AN EMPLOYEE STRUGGLING TO MEET AN ONEROUS, OVERBEARING ORDINANCE.

THE CITY HAS NO RIGHT IN MY OPINION TO MANDATE HOW BUSINESS RUNS THE EMPLOYEE PAYING BUSINESS.

BUT THE LAWS ON OUR BOOKS ARE CLEAR IN REGARDS TO SIGNATURES AND HOW VOTES ARE EARNED.

SO I'M GOING TO STAND ON PUSHING THIS TO THE NOVEMBER BALLOT WITH MY VOTE TODAY.

BUT AT THE END OF THE DAY, I WANT TO BE VERY CLEAR HERE TOO, BECAUSE SOME THINGS NEED TO BE HONESTLY TALKED ABOUT.

WE SHOULD HAVE LED ON THIS ISSUE AS A COUNCIL TO PROTECT BOTH BUSINESSES AND WORKERS.

WE NEEDED LEADERSHIP TO ENSURE THE ISSUE OF PAID SICK LEAVE WAS A JOINT CONVERSATION.

BECAUSE AT THE END OF THE DAY, THERE ARE TWO SIDES OF THIS DEBATE.

THERE'S A BUSINESS AND THEN THERE'S THE LEADERSHIP.

AND I'M NOT TALKING ABOUT SOME OF THE LEADERSHIP THAT'S OCCURRED UP HERE WHERE MEMBERS HAVE SAT IN FRONT OF BUSINESS LEADERS AND SAID, LET'S JUST PASS THIS NOW AND WE'LL FIX THIS BAD LEGISLATION LATER.

THAT'S -- THAT'S NOT LEADERSHIP.

WE SHOULDN'T PASS IT TODAY KNOWING IT'S BAD AND FIX IT ANOTHER DAY.

IT'S A NEW ELECTION CYCLE, THERE'S ANOTHER OPPORTUNITY, WHATEVER THE REASON IS, WE SHOULD HAVE STAND FIRM AND SAY IT'S A JOINT CONVERSATION.

NOT PASS BAD LEGISLATION FOR A SAKE OF AVOIDING A VOTE IN NOVEMBER OR PUSHING IT -- WHATEVER THE DATE IS, THEY'VE EARNED THE RIGHT TO VOTE.

BUT WE SHOULD GET IT RIGHT AND APPROPRIATELY HAVE DONE THIS CONVERSATION, YOU KNOW, TOGETHER.

AND TO THE PAID SICK LEAVE SUPPORTERS, I AGREE.

YOU'RE FIGHTING FOR AN ALTRUISTIC GOAL RIGHT THERE.

BUT YOU'VE ALSO TALKED FREQUENTLY THIS IS SIMPLY, AS WELL, SOME FOLKS HAD A GOAL THIS WAS A DATA COLLECTION EFFORT TO UNELECT CERTAIN PEOPLE IN NOVEMBER.

WHILE YOU FOUGHT FOR PAID SICK LEAVE, YOU'RE OUT THERE COLLECT DAGATA TO -- COLLECTING DATA TO TAKE OUT PEOPLE WHO YOU DISAGREE WITH POLITICALLY.

SAY IT'S A DATA COLLECTION EFFORT.

ONE IS IT'S PAID SICK LEAVE BUT YOU'RE RUNNING POLITICAL STYLE CAMPAIGNS FOR THE FUTURE IN THE DATA THAT YOU'RE COLLECTING TODAY.

TWO GOALS IN THIS PAID SICK LEAVE PETITION.

I THINK IF WE DID ANYTHING RIGHT, WE SHOULD HAVE WORKED TOGETHER TO HAVE FOUND THE ANSWER.

COUNCILMAN PELAEZ WENT IN DEPTH OF THE LEGAL ISSUES OF IT.

I DO BELIEVE AT SOME POINT IT WILL BE PREEMPTED BY THE STATE.

BUT IT'S WITHIN OUR PURVIEW TODAY TO FOLLOW THE LAWS AS WRITTEN AND LET THE WILL OF THE PEOPLE DECIDE IT AT THAT POINT.

IF THEY WANT TO PUT IT IN, THEY'LL PUT IT IN.

COME TO THE STATE LATER IN MAY WHEN THE SESSION COMES IN AND THEY'LL MAKE SOME DECISIONS FROM THAT POINT GOING FORWARD.

BUT I'LL JUST CLOSE WITH THE FACT THAT THE COUNCIL ITSELF, WE ARE REALLY PUTTING OUT ROADBLOCKS AND OTHER OPPORTUNITIES FOR BUSINESSES IN SAN ANTONIO.

WITH MORE REGULATION AND MORE WE CONTROL PEOPLE.

THE LESS OPPORTUNITY FOR OUR CITIZENS.

WE TRY TO DO THESE THINGS, THESE LARGE SOCIAL CHANGE AND JUSTICE ISSUES IN OUR MIND, SURE, BUT HOW IS IT IMPACTING ALL OF US? AND I THINK THIS LEGISLATION IS A PERFECT EXAMPLE OF GOOD IDEAS NEEDING OWNERSHIP AND LEADERSHIP AND WE'RE GOING TO IMPLEMENT SOMETHING THAT MANY OF US ADMIT IS BROKEN AND NOT RIGHT AND NEEDS WORK AND LACKS THE CLARITY THAT'S REQUIRED FOR US TO MAKE A GOOD VOTE TODAY.

SO IN THIS PARTICULAR CASE, I'LL JUST SAY I CAN TURN AROUND AND LET THE PEOPLE TAKE THEIR VOTE IN NOVEMBER AND SEE WHAT FALLS AT THAT POINT.

SO THANK YOU.

>> THANK YOU.

COUNCILMAN SANDOVAL?

>> ANA SANDOVAL: THANK YOU, MAYOR? I'M GOING TO ECHO SOME OF THE COMMENTS MADE BY MY COLLEAGUES.

FIRST OF ALL, TO THE MEMBERS OF THE COALITION, MUCHAS FELICIDADES.

YOU PUT TOGETHER OVER 140,000 SIGNATURES.

SOME PEOPLE SAID THAT WAS GOING TO BE TOO DIFFICULT.

BUT YOU CERTAINLY PROVED THEM WRONG.

WITH SOME OF YOU DIRECTLY ABOUT YOUR INTEREST IN THE ORDINANCE AND SMALL BUSINESS AND I APPRECIATE YOU HEARING YOUR CONCERNS AND HEARING THE HOPES AND ASPIRATIONS OF SOME OF THE WORKERS THAT HAVE WORKED ON THIS.

I, TOO, SIGNED THE PETITION.

[02:45:01]

I'VE HEARD FROM NUMBER OF FOLKS IN THE CHAMBER THAT, YOU KNOW, JOBS LIKE TOURISM OR CONSTRUCTION, THOSE ARE, YOU KNOW, THAT'S NOT REALLY THE FUTURE OF OUR CITY THAT WE'RE GOING TO BE IN CYBERSECURITY OR WE'RE GOING TO BE GROWING OUR ECONOMY AND THAT WE'RE GOING TO HAVE HIGHER-WAGE JOBS SO THAT THE FACT THAT WE HAVE THE LOWER WAGE JOBS THAT IT WILL BE OKAY.

I DON'T SEE TOURISM GOING ANYWHERE -- GOING AWAY ANY TIME SOON IN SAN ANTONIO.

WE'VE MADE HUGE INVESTMENTS IN THE CONVENTION CENTER WHERE THEY'RE WITH COUNCILMAN TREVINO.

A LOT MORE TOURISTS AND CONFERENCES COMING HERE.

THAT'S A SIGNIFICANT PART OF OUR ECONOMY AND OUR WORKFORCE.

AND I THINK WE HAVE TO CARE FOR THAT WORKFORCE TOO IF WE WANT TO BE SUCCESSFUL IN THAT FIELD.

THE SAME GOES FOR CONSTRUCTION.

THERE WAS A HEADLINE YESTERDAY CALLING SAN ANTONIO A BOONE TOWN.

CAN'T BE A BOON TOWN WITHOUT CONSTRUCTION WORKERS AND MY FATHER IS ONE OF THOSE.

HE'S STILL ALIVE, FORTUNATELY.

HE WORKED FOR SOME OF THE BIG COMPANIES AND THE BIG CONTRACTORS IN TOWN.

HE HELPED TO BUILD FIESTA TEXAS WHEN IT WAS GOING UP.

AND HE WAS INJURED ON THE JOB.

AND HE LOST THAT JOB.

AND STAYED HOME AND MY MOM FORTUNATELY IS OF GOOD HEALTH AND ABLE TO GO TO WORK.

SHE WENT TO LEVI'S THAT WAS UNSTABLE AND CLOSED BUT ABLE TO FIND A STABLE JOB AT THE NORTHSIDE SCHOOL DISTRICT AS A JANITOR FOR A NUMBER OF YEARS.

FORTUNATELY, SHE HAD SICK LEAVE.

MY DAD EVENTUALLY RETURNED TO WORK.

HE ENDED UP HERE AT THE CITY.

HE RETIRED IN PARKS AND REC.

HE WAS RESPONSIBLE FOR PUTTING UP THE CHRISTMAS TREE IN FRONT OF THE ALAMO.

WHICH DIDN'T HAPPEN THIS PAST YEAR.

WHAT I'M TRYING TO GET AT IS MY FAMILY WAS LUCKY IN THAT MY MOM HAD PAID SICK LEAVE AND LATER ON, MY FATHER DID TOO.

I HAVE A CHILDHOOD FRIEND WHO WAS NOT SO LUCKY.

SHE TOLD ME THAT WHEN SHE WAS A KID, SHE FELT THAT SHE WAS IN TROUBLE EVERY TIME THAT SHE WAS -- THAT SHE WAS HOME SICK BECAUSE HER MOM WOULD SEEM VERY, YOU KNOW, UPSET OR STRESSED WHEN SHE HAD TO STAY HOME TO TAKE CARE OF HER.

IT WASN'T UNTIL MUCH LATER WHEN THAT FRIEND WAS CARING FOR HER MOTHER, WHO WAS SICK, MY FRIEND TOOK A LEAVE FROM A HIGH-LEVEL J JOB.

SHE PUT HER CAREER ON HOME TO CARE FOR HER MOM.

AND SHE LEARNED THAT HER MOM WAS SIMPLY OVERWHELMED BY THE STRESS OF HAVING TO CHOOSE BETWEEN CARING FOR HER AND MAKING SURE SHE GOT BETTER AND BRINGING HOME THE WAGES THAT SHE EARNED.

AND KEEPING A ROOF OVER THE HEAD OF HER DAUGHTERS.

SO IT'S WITH FAMILIES LIKE THAT IN MIND THAT I'M GOING TO VOTE IN FAVOR OF THIS ORDINANCE.

AND I KNOW THAT THERE HAS BEEN SOME TALK ABOUT THIS BEING A CAMPAIGN RUN FROM OUTSIDE OF SAN ANTONIO.

I WANT TO TELL YOU THAT'S NOT TRUE BECAUSE THE CHILDHOOD FRIEND IS RESPONSIBLE FOR THIS CAMPAIGN TODAY AND SHE'S HERE IN THE AUDIENCE.

SHE AND I WENT TO SCHOOL TOGETHER.

SO, IN TERMS OF WHETHER OR NOT THIS IS OUR ROLE AS A CITY, I DO WANT TO LOOK AT THE CHARTER FOR A MINUTE AND IT DOES SAY THE CITY MAY ORDAIN AND ESTABLISH SUCH ACTS, REGULATIONS, AND ORDINANCES THAT SHALL BE NEEDED FOR THE GOVERNMENT INTEREST, WELFARE, HEALTH, SAFETY, AND CONVENIENCE OF ITS INHABITANTS PROVIDED IT'S NOT INCONSISTENT WITH THE STATE, BUT I THINK THAT'S A QUESTION THAT'S YET TO BE DETERMINED BY THE COURTS.

BUT AT THIS POINT, I SEE IT ABSOLUTELY IN OUR JURISDICTION TO CONSIDER WHAT WE CAN DO TO IMPROVE AND PROTECT THE HEALTH OF OUR INHABITANTS AND OUR WORKERS, OF COURSE.

UNFORTUNATELY TODAY OUR COMMUNITY IS BURDENED WITH SOME OF THE WORST HEALTH OUTCOMES IN THE STATE.

WE HAD SOMEONE HERE FROM THE BECKS SAAR COUNTY HEALTH COLLABORATIVE SPEAK TO THATF OR TO THE FACT THAT WE HAVE A -- SORRY, THE BEXAR COUNTY HEALTH COLLABORATIVE DID A STUDY A FEW WEEKS AGO.

THEY CAME TO SPEAK TODAY.

IN THE STUDY, THEY IDENTIFIED

[02:50:02]

WHAT I CONSIDER AN UNACCEPTABLE 20-YEAR LIFE EXPECTANCY, THE DIFFERENCE BETWEEN THE PEOPLE WHO LIVE IN THE WEALTHIER PARTS OF TOWN AND PEOPLE WHO DON'T LIVE IN THE WEALTHIER PARTS OF TOWN.

WE ALSO HAVE SOME TERRIBLE BIRTH OUTCOMES, DIABETES COMPLICATIONS AND IT'S KIND OF THE WORST IN THE STATE, THE HIGHEST LEVEL OF ABOVE THE KNEE AMPUTATIONS, EARNED PAID SICK TIME ALLOWS OUR FAMILIES A CHANCE TO CARE FOR THEIR HEALTH AND MAKE ENDS MEET.

WITHOUT HAVING TO CHOOSE BETWEEN THOSE TWO.

SO, AND I KNOW SOME PEOPLE THINK WE SHOULD WAIT FOR THE STATE TO DO THIS.

AND I JUST DON'T SEE THAT HAPPENING ANY TIME SOON.

WE'VE BEEN WAITING FOR THE STATE TO DO A NUMBER OF THINGS ON HEALTH FOR US AND IT'S NOT HAPPENING AND I THINK THAT'S WHY WE HAVE TO -- WE HAVE TO LEAD AT THE LOCAL LEVEL ON THAT.

AND IN ADDITION FOR THOSE WHO SAY THAT THE -- THE MARKET WOULD TAKE CARE OF SOME THINGS, I THINK THE MARKET CAN TAKE CARE OF SOME THINGS, BUT THERE ARE SOME TIMES WHEN WE REALLY HAVE TO STEP IN.

I DON'T THINK ANYONE WOULD BE OKAY WITH US DOING AWAY WITH RESTAURANT INSPECTIONS AND SAYING THAT THE MARKET WOULD TAKE CARE OF ITSELF.

I THINK WE WANT TO KNOW THAT WE'RE SAFE.

AND THESE ARE TOUGH DECISIONS.

BUT YOU KNOW, THAT'S WHY WE WERE ELECTED.

WHATEVER HAPPENS IN THE SPRING WITH THE STATE LEGISLATURE, WE WILL CROSS THAT BRIDGE WHEN WE COME TO IT.

BUT BETWEEN NOW AND THEN IT MEANS THAT WE'RE FORGING A HEALTHIER FUTURE AND A STRONGER FUTURE FOR OUR WORKFORCE, I WOULD BE SUPPORT OF THAT.

SO I'LL BE IN SUPPORT OF THE ORDINANCE.

SO THANK YOU.

>> THANK YOU, COUNCILWOMAN SANDOVAL.

COUNCILMAN SHAW?

>> WILLIAM SHAW: THANK YOU, MAYOR.

I'M GOING TO TELL YOU A STORY ABOUT -- I'M JUST KIDDING.

I'M A SMALL BUSINESS OWNER.

I HAVE A PRACTICE ON THE EAST SIDE OF SAN ANTONIO.

I'M SUPPORTIVE OF THIS ORDINANCE.

I'M NOT SUPPORTIVE OF THE LANGUAGE.

I TALKED TO ALEX AND MICHELLE.

WE HAVE SIX MONTHS, SEE HOW IT'S IMPLEMENTED.

COME BACK TO THE DRAWING TABLE AND GET THE STAKEHOLDERS TOGETHER TO SEE HOW TO REVAMP THE ORDINANCE AND MAKE IT STRONGER.

I'LL BE SUPPORTIVE OF IT TODAY.

THANK YOU

>> MAYOR RON NIRENBERG: THANK YOU, COUNCILMAN SHAW.

COUNCILWOMAN VIAGRAN.

>> REBECCA VIAGRAN: COUNCILMAN SHAW, PLEASE DON'T LEAVE.

THANK YOU, ALL, SO MUCH.

EVERYONE WHO WORKED SO DILIGENTLY THESE WEEKS AND MONTHS TO COLLECT OUR -- TO COLLECT SIGNATURES.

AND EVERYONE COMING TOGETHER WORKING COLLABORATIVELY TO -- AND ALSO THIS IS A DEMONSTRATION OF OUR RIGHTS, THE RIGHTS THAT WE HAVE TO PETITION.

WELL DONE IN ALL OF THAT.

REALLY WHEN IT COMES DOWN TO THIS FOR ME, I HAVE A LOT OF QUESTION.

IT'S A QUESTION ABOUT PROCESS.

WHAT YOU'VE DONE IN YOUR PROCESS, IT'S SPOT ON.

YOU GOT YOUR SIGNATURES, YOU WERE VERIFIED AND WE MOVE FORWARD.

I DO HAVE QUESTIONS OF CLARIFICATIONS THAT I WOULD LIKE TO TALK ABOUT OF BRIEFINGS AND INFORMATION.

SO WE DON'T HAVE ANY INFORMATION OF HOW MUCH THIS WILL COST US IF WE IMPLEMENT THIS ORDINANCE, CORRECT?

>> THAT IS CORRECT.

>> ANDY, I HAVE SOME CLARIFICATIONS FOR YOU.

NORMALLY WHEN WE HAVE A VOTE AND THERE'S A SUPER MAJORITY OF THE COUNCIL THAT DOES VOTE ON AN ORDINANCE --

>> RIGHT.

>> REBECCA VIAGRAN: THEN IT GOES RIGHT INTO -- IT AUTOMATICALLY GOES INTO EFFECT.

IS THAT WHAT WILL HAPPEN HERE IF THIS HAPPENS?

>> YOU'RE ADOPTING A PETITION AS WRITTEN, COUNCILWOMAN, PAZ WRITTEN IN THE HE THE I GOS IN THE ORDINANCE, THE EFFECTIVE DAY WOULD BE JANUARY 1 OF 2018.

SO, THAT WOULD BE THE EFFECTIVE DATE REGARDLESS OF THE NUMBER OF PEOPLE WHO VOTE FOR OR AGAINST -- SORRY, FOR.

>> REBECCA VIAGRAN: OKAY, THANK YOU VERY MUCH.

I DO HAVE A QUESTION, ALSO, ABOUT LOOKING INTO THE SICK LEAVE POLICIES.

DO WE KNOW HOW MANY COMPANIES, DOES ANYBODY HAVE THIS DATA, I THINK YOU ALL HAVE SHARED THIS AS WELL AND SOMEBODY MENTIONED HOW MANY EMPLOYERS IN SAN ANTONIO ALREADY HAVE OR -- THOSE WHO ALREADY HAVE SICK LEAVE OR PAID SICK LEAVE POLICIES, WILL THIS POLICY THEN, ORDINANCE THEN SUPERSEDE THAT POLICY?

>> COUNCILWOMAN, IT SAYS IN THE ORDINANCE TO THE EXTENT THAT COMPANIES ALREADY HAVE SICK LEAVE POLICIES THAT EQUAL OR ABOVE WHAT'S PROVIDED FOR IN THE

[02:55:02]

ORDINANCE, IT DOES NOT AFFECT THOSE.

>> REBECCA VIAGRAN: OKAY.

SO I ALSO HAVE ANOTHER QUESTION PROCEDURALLY.

HAS -- OR PROCESSWISE, HAS OURS -- OUR SMALL BUSINESS ADVISORY COMMITTEE OR COUNCIL LOOKED AT THIS ORDINANCE?

>> NOT TO MY KNOWLEDGE, COUNCILWOMAN?

>> REBECCA VIAGRAN: HAS OUR ECONOMIC DEVELOPMENT DEPARTMENT LOOKED AT THIS ORDINANCE AND SAID ANYTHING ON THIS EITHER?

>> NO, THEY HAVE NOT.

NOT SURE WHAT THAT WOULD BE.

NO, WE HAVE NOT DONE STAFF ANALYSIS ON THIS NOR WAS THAT REQUIRED UNLIKE TODAY LIKE THE PREVIOUS PETITIONS THERE IS A STATUTE THAT DOES REQUIRE A FISCAL ANALYSIS.

THEN WE WOULD CONDUCT THAT ANALYSIS AND COME BACK TO COUNCIL.

SINCE THE IMPLEMENTATION DATE IS LATER IN 2019, WE HAVE TIME TO DO THAT.

>> REBECCA VIAGRAN: AND SO, MAYOR, I THINK THAT'S ONE OF THE THINGS THAT I WOULD REQUEST AS WE'RE MOVING FORWARD WHETHER THIS GOES AS AN ORDINANCE RIGHT NOW OR IN THE FUTURE.

WHAT WE WOULD NEED TO DO WITH THIS PROCESS IS HAVE A VERY THOROUGH VETTING LIKE A -- SIMILAR TO WHAT COUNCIL MEMBER PELAEZ WAS TALKING ABOUT.

BUT HAVING THE VIEW OF THE SMALL BUSINESS ADVISORY COUNCIL, THE ECONOMIC WORKFORCE DEVELOPMENT COUNCIL AND OTHERS TO HAVE THE ROBUST CONVERSATION THAT WE NEED.

AND ANOTHER -- YOU KNOW, I THINK A STRONG CITY ABSOLUTELY IS BASED ON A STRONG WORKFORCE.

AND -- AND THAT MEANS BENEFITS.

THAT MEANS BENEFITS, SICK LEAVE, HEALTH INSURANCE, AND PROVIDING THAT.

AND ONE OF THE THINGS THAT WE WORK HARD FOR IN OUR GROWTH AS WE TRY TO RECRUIT BUSINESSES HERE TO SAN ANTONIO IS LOOKING -- WHAT IS IT THAT YOU'RE GOING TO PROVIDE? WHAT IS IT THAT YOU'RE GOING TO PROVIDE TO OUR WORKERS HERE IN SAN ANTONIO.

ARE YOU GOING TO PROVIDE PERSONAL LEAVE FOR PEOPLE TO TAKE CARE OF THEMSELVES AND THEIR FAMILIES.

WE TAKE A LOOK AT THAT.

WE BELIEVE THAT'S PART OF IT.

WE BELIEVE PEOPLE SHOULD HAVE THE OPPORTUNITY TO TAKE OFF, TO CARE FOR THEMSELVES.

AND THEIR FAMILY MEMBERS.

AND I KNOW -- I KNOW ALL THINGS AREN'T PERFECT AND ALL ORDINANCES AREN'T PERFECT.

AND FOR MORE TO THE CLARIFICATION.

THIS DOES NOT IMPACT ANY SCHOOL DISTRICTS.

TEACHERS, AIDES, ANYBODY LIKE THAT?

>> IT DOES NOT IMPACT ANY GOVERNMENT ENTITIES, COUNCILWOMAN, SO THAT WOULD INCLUDE SCHOOL DISTRICTS AND IF I MAY, I -- IN ANSWER TO YOUR PREVIOUS QUESTION, I SAID THE EFFECTIVE DATE WAS JANUARY 1, 2018.

IT'S JANUARY 1, 2019.

>>.

>> REBECCA VIAGRAN: RIGHT, RIGHT.

>> IT'S NOT A RETROACTIVE ORDINANCE.

>> REBECCA VIAGRAN: RIGHT, OKAY.

AND ONE OF THE -- I THINK THAT'S IMPORTANT TO NOTE AS WELL.

AND THIS -- YOU MENTIONED THIS IS SETTING THE FLOOR.

THAT THIS IS -- THIS IS SETTING A GROUND FLOOR, I THINK SOMEBODY MENTIONED THAT, THAT PHRASE.

AND THIS WILL NOT IMPACT -- THIS ORDINANCE EVEN IF IT WERE TO BE ADOPTED TODAY OR IN NOVEMBER, THIS ORDINANCE WOULD NOT IMPACT THE BUSINESSES IN ALAMO HEIGHTS, IN CASTLE HILLS, IN TERRELL HILLS, IN BALCONES HEIGHTS, IN LEON VALLEY.

BUT IT WILL IMPACT BUSINESSES ON SOUTH CROSS, ON PRESA, ON PLEASANTON, ON FLORES, ON THE DIVISION, ON SOUTH GOOEFRS, ON HACKBERRY, ON MILITARY DRIVE.

BUT IT'S ALSO CAN HELP THE FAMILIES THAT LIVE ON ALL OF THOSE STREETS AS WELL.

THAT IS WHAT IT CAN ALSO DO.

NOW, AGAIN, I THINK THIS ORDINANCE, IT STILL HAS WORK TO BE DONE ON IT.

AND I THINK MY COUNCIL COLLEAGUE HAS LAID OUT -- MY COUNCIL COLLEAGUES HAVE LAID OUT THE HUGE, TREMENDOUS LEGAL ISSUES AND IMPLICATIONS THAT WILL BE MOVING FORWARD ON THIS.

AND I KNOW AS WE GROW TOGETHER AS A CITY, I WANT TO MAKE SURE THAT WE'RE STILL GOING TO BE ABLE TO BE THAT BRIGHT SHINING LIGHT IN TEXAS TO BRING BUSINESSES TO TEXAS.

TO GIVE ALL OF OUR PEOPLE JOBS.

AND THIS HASN'T BEEN EASY AND I WANTED TO HEAR THE COMMENTS OF ALL OF MY COUNCIL COLLEAGUES AND

[03:00:02]

MEMBERS AND I APPRECIATE YOUR LETTERS AND CALLS AND MEETINGS THAT WE'VE HAD.

BECAUSE THIS IS -- I WILL SAY, THIS IS STILL JUST A BAND AID ISSUE OF A LARGER ISSUE THAT WE HAVE.

A LARGER ISSUE OF SOCIAL JUSTICE THAT WE HAVE IN THIS NATION, A LARGER ISSUE THAT WE NEED TO ADDRESS AND HOLD ACCOUNTABLE AT OUR STATE AND FEDERAL LEVEL AS WELL.

THIS IS PART OF THE ISSUE THAT WE HAVE TO TALK ABOUT.

THIS IS ALSO AN ISSUE WHEN IT COMES TO BIGGER ISSUES WHEN IT COMES TO WOMEN AND WOMEN HEALTH ISSUES AS WELL.

AND MAYOR, IF YOU DO MOVE FORWARD WITH A TASK FORCE OR BRINGING A GROUP TOGETHER TO CREATION, WHAT I WOULD LIKE TO SEE IS THAT I WOULD LIKE TO SEE THIS TASK FORCE, IF COUNCIL MEMBER PELAEZ IS GOING TO BRING BOTH PARTIES TOGETHER IN CONVERSATION, THIS TASK FORCE HAS A MAJORITY OF REPRESENTATION TO BE WOMEN.

BECAUSE WOMEN ARE DISPROPORTIONATELY IMPACTED MORE WHEN IT COMES TO SICK LEAVE OR TO SICK TIME.

SO, WITH THAT, MAYOR, I WANT TO THANK EVERYBODY FOR THEIR WORK AND I WANT TO GET TO WORK TO MAKE SOMETHING THAT FITS SAN ANTONIO AND FITS OUR SMALL BUSINESSES IN SAN ANTONIO.

THANK YOU.

>> THANK YOU, COUNCILWOMAN VIAGRAN.

>> MAYOR RON NIRENBERG: THANK YOU, EVERYONE, FOR COMING OUT TODAY AND SHARING YOUR THOUGHTS ON THIS.

TODAY I'LL BE VOTING TO ADOPT THIS ORDINANCE.

NO MATTER WHAT PART OF THE CITY YOU'RE FROM, MOST SAN ANTONIOIANS HAVE SIMILAR GOALS.

WE ALL HOPE FOR GOOD HEALTH AND GET QUICK COMPASSIONED CARE IF WE'RE SICK OR INJURED.

NO ONE SHOULD HAVE TO CHOOSE BETWEEN KEEPING THEIR JOBS OR PAYING THEIR BILLS OR CARING FOR THEMSELVES OR SICK CHILD AND RELATIVES.

CITIZENS ALSO HAVE THE RIGHT TO PETITION THEIR GOVERNMENT.

AND OUR CITY HAS BOTH THE RESPONSIBILITY AND THE OBLIGATION AND AUTHORITY TO ACT WHEN THAT RIGHT HAS BEEN EXERCISED LAWFULLY.

PAID SICK LEAVE IS GOOD FOR BUSINESS AND GOOD FOR WORKING FAMILIES.

IT CREATES A HEALTHIER SAN ANTONIO FOR ALL.

PAID SICK DAYS ARE A PUBLIC HEALTH ISSUE AND CITIES CERTAINLY HAVE JURISDICTION TO PASS ORDINANCES TO ENSURE THE HEALTH AND SAFETY OF ITS CITIZENS.

MORE THAN 140,000 PEOPLE SIGNED A PETITION ASKING THAT WE, THE CITY COUNCIL, ADOPT A VERY SPECIFIC ORDINANCE.

NORMALLY, WHEN THE CITY IS CONSIDERING A POLICY MATTER, WE COME TOGETHER AS A COMMUNITY TO UNDERSTAND THE ISSUES, THE DISAGREEMENTS, AND THE SHAPE AND ORDINANCE THAT WORKS FOR ALL CONCERNED.

STAKEHOLDERS FROM ALL SIDES ARE INVITED TO THE TABLE.

STAFF IS ABLE TO ANALYZE ITS IMPACTS.

THE PUBLIC IS INVOLVED.

THAT'S WHAT OUR CONSTITUENTS EXPECT AND THAT'S WHAT EVERYBODY INVOLVED DESERVES.

THE ISSUE HAS LANDED AT OUR DESKS.

ALTHOUGH WE EXPECT THAT PAID SICK LEAVE WILL BE ADDRESSED AT THE STATE LEVEL.

BECAUSE THIS ORDINANCE WOULD NOT REQUIRE COMPLIANCE FOR ONE YEAR, THERE IS STILL AMPLE TIME FOR THE LEGISLATURE TO ACT ON IT.

BUSINESSES ACROSS TEXAS SHOULD HAVE KNOWN -- SHOULD HAVE A KNOWN STANDARD FOR DETERMINING AND ALLOCATING THEIR OWN PAID SICK LEAVE.

I EXPECT THE LEGISLATURE WOULD WEIGH ALL OF THE INTERESTS IN THE UPCOMING SESSION AND ARRIVE AT A STATEWIDE SOLUTION AND I HOPE THAT'S ONE THAT'S BENEFICIAL FOR BUSINESSES AND FOR WORKING FAMILIES.

BUT CITY COUNCIL DOES NOT HAVE THE LUXURY OF WAITING.

WE ARE FACED WITH ADOPTING THIS VERY PARTICULAR ORDINANCE, OR PLACING IT ON THE BALLOT IN NOVEMBER.

GIVEN THOSE TWO CHOICES TODAY, I WILL VOTE FOR THE MEASURE.

DOING SO IS THE ONLY VIABLE SOLUTION THAT GIVES SAN ANTONIO THE OPPORTUNITY TO MOVE FORWARD BY RESPONDING FAIRLY TO THIS PETITION WHILE MAINTAINING THE FLEXIBILITY TO CRAFT A SAN ANTONIO-SPECIFIC POLICY BEFORE IT TAKES EFFECT.

IF THE LEGISLATURE DOES NOT RESOLVE THE MATTER THIS SPRING.

BY PASSING THE ORDINANCE TODAY, WE CAN BEGIN THE PROCESS OF BRINGING BUSINESS AND STAKEHOLDERS TOGETHER WITH THE COMMUNITY TO EXAMINE AND IMPROVE THE ORDINANCE AND ENSURE THAT EVERYONE BENEFITS.

THAT'S THE SAN ANTONIO WAY.

MANY EMPLOYERS HAVE CONTACTED ME WITH CONCERNS ABOUT THIS ORDINANCE AND I AGREE WITH MANY OF YOUR CONCERNS.

LEGITIMATE QUESTIONS STILL PERSIST ABOUT THE IMPACT ON THE BACKBONE OF OUR ECONOMY.

SMALL BUSINESSES.

OTHER BUSINESS LEADERS HAVE ASKED THAT WE ADOPT THIS ORDINANCE.

DESPITE ITS IMPERFECTIONS, TO PROVIDE THEM THE OPPORTUNITY TO WORK WITH THE COMMUNITY AND CITY COUNCIL TOWARD A BETTER POLICY IN THE FUTURE.

THAT'S SMART.

IF THIS GOES ON THE BALLOT, THEN IT WILL PASS.

THOSE BUSINESSES UNDERSTAND THAT WE EFFECTIVELY LOSE THAT OPPORTUNITY TO FIND COMMON GROUND.

AND THAT WOULD HURT BUSINESSES AND WORKERS THE MOST.

AFTER THIS VOTE, I WILL FORM A COMMISSION TO CONSIDER ALL

[03:05:01]

CONCERNS AND REVIEW OPTIONS FOR REVISING AND IMPROVING THIS ORDINANCE EARLY NEXT YEAR, PARTICULARLY IF THE LEGISLATURE DOES NOT ACT.

AND I WILL CHARGE THIS COMMISSION TO INCLUDE STAKEHOLDERS FROM ALL SIDES.

AGAIN, I THANK YOU -- ALL OF YOU, FOR PARTICIPATING IN THIS PROCESS FOR SHARING YOUR CONCERNS FOR THIS COUNCIL AND FOR KNOWING THAT THE COUNCIL IS UNDER AN OBLIGATION TO ACT TODAY.

WITH THAT, WE'LL TAKE UP THE MOTION FOR APPROVAL OF ITEM NUMBER 7.

PLEASE VOTE.

[8. Ordinance approving a construction contract for the FY 2018 Traffic Signal Installation Package A, a FY 2018 General Fund funded project, in the amount of $711,414.60 and authorizing payment to E-Z Bel Construction, LLC, to construct three traffic signals, located in Council Districts 4, 8, and 10. [Peter Zanoni, Deputy City Manager; Mike Frisbie, Director, Transportation & Capital Improvements]]

MOTION CARRIES.

>> ITEM NUMBER 8.

>> AN ORDINANCE APPROVING A CONSTRUCTION CONTRACT FOR FISCAL YEAR 20 18, TRAFFIC SIGNAL INSULATION PACKAGE A.

>> MAYOR RON NIRENBERG: GOING TO ASK YOU TO PLEASE -- PLEASE KEEP THE --

>> MAYOR RON NIRENBERG: PLEASE KEEP YOUR --

>> MAYOR RON NIRENBERG: I NEED TO ASK YOU, COURTESY, TO PLEASE KEEP SOME QUIET DOWN HERE SO WE CAN MOVE ON TO THE NEXT ITEM ON OUR AGENDA.

THANK YOU.

>> TRAFFIC SIGNAL INSULATION PACKAGE A FISCAL YEAR 2018 FUNDED PROJECT AND THE AMOUNT IS $711,414.60.

AND AUTHORIZING PAYMENT TO EASY VEIL CONSTRUCTION LLC TO CONSTRUCT THREE TRAFFIC SIGNALS LOCATED IN COUNCIL DISTRICTS 4, 8, AND 10.

>> MAYOR RON NIRENBERG: COUNCILMAN SALDANA?

>> REY SALDANA: I TYPICALLY DON'T PULL ITEMS TO HIGHLIGHT CONSTRUCTION WORK.

IT HAPPENS ALL THE TIME.

AND PROBABLY MORE THAN OUR RESIDENTS ARE AWARE.

BUT I WANTED TO PULL THIS ONE BECAUSE THIS CAME DIRECTLY FROM THE CONSTITUENTS THAT HAVE BEEN CALLING ME FOR SEVERAL YEARS AND I KIND OF -- I'M PULLING IT TO RECOGNIZE IT FOR THEM BECAUSE THEY'VE BEEN FIGHTING FOR THIS FOR A LONG TIME.

A TRAFFIC SIGNAL OF ALL THINGS AT THE INTERSECTION OF SOUTH CZAR ZAMORA AND WEST BILL RHETT AND THERE'S A ROOM FULL OF FOLKS WHO WATCH CHANNEL 21 WHO KNEW THIS WAS GOING TO COME ON AND THEY SAID FINALLY WE'RE GOING TO GET OUR TRAFFIC SIGNAL.

IT'S BY FIRE STATION 2.

I DON'T HAVE QUESTIONS FOR STAFF.

BUT I WANT TO THANK THE FOLKS WHO HAVE BEEN CALLING OUR OFFICE, WORKING HARD TO GET A TRAFFIC SIGNAL DONE.

THEY'RE GOING TO BE VERY, VERY EXCITED TO KNOW THAT WE'RE BRINGING THIS DOWN TO THE SOUTH SIDE IN THE COMMUNITY AND WITH THAT, I'LL MAKE A MOTION TO APPROVE.

>> SECOND.

>> MAYOR RON NIRENBERG: THERE'S A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER 8.

PLEASE VOTE.

[19. Ordinance naming Dr. Chichi Junda Woo, Medical Director for the San Antonio Metropolitan Health District, as Local Health Authority for San Antonio and surrounding areas of Bexar County. [Erik Walsh, Deputy City Manager; Colleen M. Bridger, MPH, PhD, Director of Health]]

MOTION CARRIES.

ITEM NUMBER 19.

>> ITEM NUMBER 19 IS A AN ORDINANCE NAMING DR. CHI WU, MEDICAL DIRECTOR FOR THE SAN ANTONIO METROPOLITAN HEALTH DISTRICT AS LOCAL HEALTH AUTHORITY OF SAN ANTONIO AND SIR SURROUNDING AREAS OF BEXAR COUNTY.

>> MAYOR RON NIRENBERG: COUNCILWOMAN SANDOVAL?

>> ANA SANDOVAL: I WOULD LIKE TO HEAR THE STAFF PRESENTATION, MAYOR?

>> MAYOR RON NIRENBERG: WE HAVE A FEW CITIZENS SIGNED UP TO SPEAK ON THE ITEM.

I'LL CALL THEM NOW, JACK FINGER? OKAY? NAZARETE RUBEN FLORES PEREZ?

>> [INDISCERNIBLE].

>> MAYOR RON NIRENBERG: YOU'RE PASSING YOUR TIME?

>> [INDISCERNIBLE].

>> MAYOR RON NIRENBERG: OKAY, DO YOU WANT TO TAKE YOUR TIME? YOU'RE GOOD? OKAY.

PHIL S ASAVILLA.

? MR. SAVILLA? DABNEY FLOORING? MIKE KEFUNKY? PATRICK VON DOLAN? ALL RIGHT, COUNCILWOMAN SANDOVAL?

>> ANA SANDOVAL: I WOULD LIKE TO HEAR THE STAFF PRESENTATION, PLEASE?

>> GOOD AFTERNOON, EVERYBODY.

THANK YOU FOR THIS OPPORTUNITY TO PRESENT THE INFORMATION ABOUT APPOINTING A LOCAL HEALTH AUTHORITY.

SO, REALLY QUICK BACKGROUND, LOCAL HEALTH AUTHORITY IS A REQUIREMENT BY THE STATE AND PREVIOUS TO MY APPOINTMENT, ALL OF YOUR OTHER HEALTH DIRECTORS HAVE BEEN PHYSICIANS.

AND SO BY DEFAULT, THE PHYSICIAN HEALTH DIRECTOR IS ALSO THE LOCAL HEALTH AUTHORITY.

NOW THAT YOU HAVE A NONPHYSICIAN HEALTH DIRECTOR, THE CITY AND THE COUNTY NEE APPOINT A

[03:10:01]

PHYSICIAN TO FULFILL THE RESPONSIBILITIES OF THE LOCAL HEALTH AUTHORITY.

THE DUTIES OF THE LOCAL HEALTH AUTHORITY INCLUDE ENFORCING ORDINANCES, SANITATION LAWS, QUARANTINE, VITAL STATISTICS, THESE ARE ALL FROM THE STATE LEVEL.

THEY ALSO WORK WITH SOME INSPECTIONS AND DISEASE PREVENTIONS, REPORTING FROM THE STATE, LIAISING WITH THE STATE.

LEE ASIAING WITH THE COURT SYSTEM WHEN WE HAVE TO IMPLEMENT QUARANTINE AND THEN IMPLEMENT IN CONTROL MEASURES IN PUBLIC HEALTH EMERGENCIES.

SO THAT'S A LOT OF KIND OF BUREAUCRATIC WORDS TO SAY THAT THIS PERSON IS THE PRIMARY LIAISON BETWEEN THE STATE AND THE COURTS WHEN WE HAVE TO TAKE LEGAL ACTION EITHER DUE TO A PUBLIC HEALTH EMERGENCY OR DUE TO THE FACT THAT SOMEBODY WITH A COMMUNICABLE DISEASE IS NOT DOING WHAT THEY'VE BEEN ASKED TO DO TO STOP SPREADING THAT DISEASE.

SO IN TERMS OF FISCAL IMPACT, IT'S A TWO-YEAR TERM.

THERE ARE NO TERM LIMITS.

AND THE WAY THAT I'M PROPOSING THIS TO HAPPEN IS ADDING AN ADDITIONAL JOB DUTY TO DR. WU.

AS A RESULT, THERE'S NO FISCAL IMPACT TO THIS REQUEST.

THEN, OF COURSE, THE RECOMMENDATION IS THAT WHEN HE DO APPOINT DR. WU AS THE LOCAL HEALTH AUTHORITY.

>> THANK YOU.

DR. WU IS ON STAFF WITH THE HEALTH DEPARTMENT.

WHAT IS HER ROLE WITH METROHEALTH?

>> SHE'S A MEDICAL DIRECTOR.

A FULLTIME EMPLOYEE.

>> ANA SANDOVAL: OKAY, DOES IT HELP US TO HAVE THE MEDICAL DIRECTOR PLAY THE SAME ROLE AS OPPOSED TO HAVING THIS TAKEN CARE OF AT THE STATE LEVEL?

>> YES, IT'S -- IT'S EASIER FOR ALL PARTIES INVOLVED TO HANDLE THIS LOCALLY.

AND TO HAVE SOMEBODY WHO KNOWS THE INS AND OUTS OF OUR HEALTH DEPARTMENT.

>> ANA SANDOVAL: THANK YOU, I WOULD LIKE TO MOVE TO APPROVE.

>> SECOND.

>> MAYOR RON NIRENBERG: A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER 19.

COUNCILWOMAN VIAGRAN?

>> REBECCA VIAGRAN: I JUST WANTED TO SAY THAT DR. WU, ARE YOU STILL HERE? THANK YOU FOR YOUR SERVICE AND THANK YOU FOR YOUR WORK.

I KNOW YOU'VE BEEN OUT THERE PLENTY OF TIMES TO SIKLOVIA AND TO GET PEOPLE OUT AND MOVING AROUND SO THANK YOU FOR ALL OF THE WORK YOU'VE BEEN DOING.

THANK YOU, MAYOR.

>> MAYOR RON NIRENBERG: THANK YOU, COUNCILWOMAN VIAGRAN.

ALSO, CONGRATULATIONS, DR. WU, WE LOOK FORWARD TO WORKING WITH YOU.

THERE'S A MOTION AND A SECOND FOR APPROVAL OF ITEM NUMBER 19.

>> POINT OF ORDER! DO YOU SIGN UP ON THIS?

>> MAYOR RON NIRENBERG: I CALLED ALL OF THE PEOPLE WHO WERE SIGNED UP TO SPEAK ALREADY, JACK.

PLEASE VOTE.

[22. Resolution to initiate historic landmark designation for 705 E Grayson and a waiver of fees. [Roderick Sanchez, Assistant City Manager; Shanon Shea Miller, Director, Office of Historic Preservation].]

MOTION CARRIES.

ITEM 22.

>> ITEM 22 IS A RESOLUTION TO INITIATE LANDMARK DESIGNATION FOR 705 EAST GRAYSON AND A WAIVER OF FEES.

>> COUNCILMAN SHAW?

>> WILLIAM SHAW: THANK YOU, MAYOR.

DO WE HAVE THE PROPERTY OWNER OR THE REPRESENTATIVE OF THE PROPERTY OWNER HERE?

>> MAYOR RON NIRENBERG: I'M SORRY, WE HAVE ONE PERSON SIGNED UP ON 22.

SHE'S BEEN WAITING PATIENTLY.

>> SUCH AN EXCITING MORNING.

THANK YOU ALL SO MUCH FOR WHAT YOU DO.

SO WHAT I HAVE IS ON A TOTALLY DIFFERENT TOPIC.

GOOD AFTERNOON, MAYOR.

COUNCIL MEMBERS, MY NAME IS PATTY ZIANCE.

I'M THE VICE PRESIDENT OF THE SAN ANTONIO CONSERVATION SOCIETY.

I'M HERE SPEAKING ON BEHALF OF OUR PRESIDENT, SUSAN BEVIN.

AND YOU WILL BE RECEIVING A COPY OF OUR STATEMENT AT YOUR DESK.

THE SAN ANTONIO CONSERVATION SOCIETY SUPPORTS A FINDING OF HISTORIC SIGNIFICANCE FOR THE DCC CADE HOUSE AT 705 EAST GRAYSON.

PAR DON ME.

WE CONCUR THAT THE 1922 COLONIAL REV REVIVAL-STYLE HOUSE MEETS IT THREE CRITERIA FOR ELIGIBILITY IDENTIFIED BY THE HISTORIC

[03:15:01]

PRESERVATION, WITH SPECIAL EMPHASIS ON CRITERION FOUR, ITS IDENTIFICATION AS THE WORK OF A MASTER BUILDER, DESIGNER, OR ARCHITECT.

ARCHITECT LOU HARRINGTON, WHO DESIGNED THE CADE HOUSE, ESTABLISHED THE ARCHITECTURAL LAND AND ENGINEERING FIRM OF HARRINGTON AND COMPANY IN SAN ANTONIO IN 1916.

OTHER BUILDINGS OF NOTE DESIGNED BY HIS FIRM AND ERECTED IN THE EARLY 1920S, INCLUDE THE MAVERICK BUILDING AT 400 EAST HOUSTON STREET, THE -- AND THE WOODLAWN ICE FACTORY ON FREDERICKSBURG ROAD.

PRIOR TO STRIKING OUT FOR HIMSELF, HE SERVED AS THE LOCAL MANAGER FOR THE NOTED FT. WORTH FIRM.

SOME OF HIS EARLY SAN ANTONIO PROJECTS INCLUDE THE GIBBS BUILDING, THE WOLF & MARKS, NOW THE RAND, AND THE T.C. FROST RESIDENCE.

THE HOUSE IS ALSO A FINE EXAMPLE OF COLONIAL REVIVAL STYLING WITH THE SIDE GABLE ROOF, CENTRAL PLAN, AND SYMMETRICAL FACADE OF MULTI-LIGHT WINDOWS AND SHUTTERS.

THE CLASSICAL ENTRANCE FEATURING THE COLUMNS AND CLASSICAL IMPEDIMENT, AN ENTRANCE DOORS WITH SIDELINES MAKE A RARELY DETAILED EXAMPLE OF THIS STYLE IN SAN ANTONIO.

LANDMARK DESIGNATION WOULD HELP TO PRESERVE THE DISTINCTIVE HOME NEAR THE GOVERNMENT HILL HISTORIC DISTRICT AND ALLOW THE OWNER TO QUALIFY FOR TAX INCENTIVES.

ON BEHALF OF THE SOCIETY, WE REALLY APPRECIATE YOUR CONSIDERATION FOR THIS LANDMARK HOUSE.

THANK YOU SO VERY MUCH.

THANK YOU, MAYOR.

THANK YOU, COUNCIL.

>> MAYOR RON NIRENBERG: THANK YOU.

COUNCILMAN SHAW?

>> WILLIAM SHAW: THANK YOU, MAYOR.

CAN WE HAVE THE PROPERTY OWNER OR THE REPRESENTATIVE OF THE PROPERTY OWNER TO THE PODIUM, PLEASE?

>> PATRICK CHRISTIANSON, 310 SOUTH ST. MARY'S, REPRESENTING THE PROPERTY OWNER.

>> WILLIAM SHAW: CAN YOU GIVE A BRIEF INTERRUPTION.

>> -- DESCRIPTION.

>> THE COUNCIL DECLARE ADD REZONING FOR THE FUTURE JEFFERSON STATE BANK HEADQUARTERS, AN 11 STORY OFFICE TOWER.

AS PART OF THAT PROCESS, WE HAVE T DEMOLISH ALMOST THE ENTIRE BLOCK.

THERE ARE THREE WHAT ARE COMMONLY REFERRED TO AS SHOTGUN SHACK STRUCTURES ON THAT PROPERTY.

IN THE INTEREST OF SAVING THOSE ICONIC STRUCTURES, WE WOULD LIKE TO MOVE THEM TO 705 EAST GRAYSON AND THAT'S THE REASON WHY WE REQUESTED THE DEMOLITION

>> WILLIAM SHAW: NOW THE DEMOLITION REQUEST, IS THAT HISTORIC DISTRICT?

>> NO, IT'S NOT.

>> WILLIAM SHAW: HOW MANY BLOCKS OUTSIDE OF THE DISTRICT?

>> TWO OR THREE -- TWO OR THREE LONG -- LENGTHWISE BLOCKS.

>> WILLIAM SHAW: SAFE TO SAY IF THE HISTORIC DISTRICT WANTED TO INCLUDE THE HOUSE, THEY COULD DO THAT WHEN THEY DO THE HISTORIC DESIGNATION.

>> WHEN IT WAS CREATED, THEY DID AN INVENTORY OF THE ENTIRE AREA.

THIS STREET, THIS NEIGHBORHOOD, THIS AREA, THIS BLOCK WAS NOT INCLUDED.

>> WILLIAM SHAW: WHO WAS -- DID THE PROPERTY OWNER -- I'M ASSUMING DID NOT APPLY FOR THE DEMOLITION.

>> THE PROPERTY OWNER APPLIED FOR THE DEMOLITION BUT DOES NOT WANT THE HISTORIC DESIGNATION.

HE WOULD LIKE TO SAVE THE SHOTGUN STRUCTURES.

>> WILLIAM SHAW: WITH THAT BEING SAID, MOTION TO DENY AS THE PLANS FOR THE PROPERTY INCLUDE THE PRESERVATION AND REHABILITATION OF THREE AREA SHOTGUN HOMES THAT WILL BE RELOCATED TO 705 EAST GRAYSON THERE SHALL PRESERVING THREE STRUCTURES FROM DEMOLITION, FOR ONE, I THINK THAT'S A COMPROMISE FOR OUR GROWTH AND FOR THE PRESERVATION OF OUR HISTORIC NEIGHBORHOODS.

>> MAYOR RON NIRENBERG: OKAY, A MOTION AND A SECOND FOR DENIAL.

OF ITEM 22.

PLEASE VOTE.

[26. City Manager's Report]

MOTION CARRIES.

IS THERE A CITY MANAGER'S REPORT?

>> THERE IS.

AND I KNOW WE HAVE LUNCH WAITING.

BUT LET ME JUST MENTION THESE THINGS HERE THIS MORNING.

FOR THE LAST EIGHT YEARS, VISIT SAN ANTONIO HAS AWARDED THE SERVICES MANAGER OF THE YEAR AWARD IN THE NATIONAL CELEBRATE SERVICES WEEK CREATED BY THE EVENT SERVICES PROFESSIONAL ASSOCIATION DEDICATED TO EVENT SERVICE PROFESSIONALS AND CONVENTION BUREAUS IN HOTEL AND CONVENTION CENTERS ACROSS NORTH AMERICA.

SO TODAY I WANTED TO LET YOU KNOW THAT VISIT SAN ANTONIO HAS USED THIS WEEK AS AN OPPORTUNITY TO RECOGNIZE THE CONTRIBUTION OF OUR SERVICE PROFESSIONALS AND TO AWARD AN INDIVIDUAL THE SERVICES MANAGER OF THE YEAR AWARD.

THIS YEAR, THE 2018 MANAGER OF THE YEAR AWARD WAS AWARDED TO DOLL YEAH GARCIA, AN EVENT MANAGER AT OUR HENRY B. GONZALES CONVENTION CENTER.

SHE WAS SELECTED BY A PANEL OF FOUR JUDGES COMPOSED OF EXECUTIVE DIRECTORS OF THE HOSPITALITY INDUSTRY IN MEETING

[03:20:01]

PROFESSIONALS FROM WASHINGTON, D.C.

SHE RECEIVED 10 NOMINATIONS FROM CLIENTS.

SHE HAS SERVED OVER THE YEARS.

SHE'S WORKED AT THE CONVENTION CENTER FOR 21 YEARS.

AND DURING HER TENURE, SHE SERVED SOME OF THE CITY'S LARGEST CONVENTIONS.

SHE'S A MOTHER OF FOUR, HAS LIVED IN SAN ANTONIO FOR 31 YEARS.

AND TAKES PRIDE IN HER RELATIONSHIP SHE HAS DEVELOPED WITH LONG-STANDING CONVENTION CENTER CUSTOMERS.

AND SO I WANTED TO TAKE A MOMENT TO PUBLICLY RECOGNIZE HER SERVICE AND CONGRATULATE HER AS BEING AN EXCELLENT CITY EMPLOYEE.

I DON'T THINK SHE'S HERE TODAY.

WE'VE HAD A LONG MORNING.

OKAY.

SECONDLY, LAST WEEK, THE AVIATION DEPARTMENT HOSTED ITS SEVENTH CLASS OF THE WINGS ACADEMY PROGRAM FOR CHILDREN FROM THE ROY MOSS YOUTH ALTERNATIVES CAMPUS.

THE WEEK-LONG PROGRAM WHICH BEGAN IN 2013 HELPS CHILDREN AGES 7 TO 17 TO AVIATION CAREER OPPORTUNITIES OVER THE COURSE OF THE WEEK, STUDENTS MET WITH THEIR FOUR TEAMS, TOURED WITH AIRFIELD, MET WITH AIRPORT RESCUE AND FIRE FIGHTING AT THE FIRE STATION THERE AT SAN ANTONIO INTERNATIONAL.

STUDENTS ALSO VISITED THE AIRPORT HELICOPTER, POLICE HANG GUARD AT STENSON AIRPORT, ONE OF THE MOST POPULAR ACTIVITIES FOR ALL OF THE KIDS WAS TO MEET THE CANINE MEMBERS OF THE SAPD CANINE UNIT AND OBSERVE DEMONSTRATIONS OF THE DOGS IN ACTION.

IN ADDITION, THE CHILDREN RECEIVED A TOUR OF THE FEDERAL AVIATION ADMINISTRATION'S AIR TRAFFIC CONTROL TOWER AS WELL AS BEHIND THE SCENES TOURS.

OTHER AIRPORT PARTNERS SUCH AS THE TEXAS AIR MUSEUM AT STENSON AIRPORT, THE D. HOWARD FOUNDATION AND THE WITTE MUSEUM PROVIDED ADDED EXPERIENCES.

SINCE 2013, OVER 77 CHILDREN HAVE ATTENDED THE WINGS ACADEMY.

SO THANK YOU TO RUSS HANDY AND THE TEAM AND ALL OF OUR PARTNERS FOR THIS FOR THIS WONDERFUL ACTIVITY FOR CHILDREN THIS SUMMER.

SPEAKING OF SUMMER, DURING THIS SUMMER, THE CITY OF SAN ANTONIO EMPLOYEES WERE INVITED TO BE A READING BUDDY AND PARTICIPATE IN A 10-WEEK-LONG READING PROGRAM HOSTED BY THE SAN ANTONIO YOUTH LITERACY AND BOYS & GIRLS CLUBS AND FUNDED BY HARVEY NATION.

THE READING PROGRAM WAS CONDUCTED FROM JUNE 4 TO AUGUST 10.

THIS PROGRAM INCLUDED LOCAL 3RD, 4TH, AND 5TH GRADE STUDENTS AIMED AT MAINTAINING THEIR READING SKILLS OVER THE SUMMER BREAK SINCE IT'S A LONG TIME NOT TO BE READING.

VOLUNTEERS ASSISTED STUDENTS AS THEY READ BOOKS APPROPRIATE TO THE STUDENTS' READING LEVEL AND THE VOLUNTEERS ASSISTED YOUNG READERS TO LEARN NEW WORDS, UNDERSTANDING OF BOOKS READ, AND DEVELOP FLUENCY AND READING ABILITIES.

31 OF OUR CITY OF SAN ANTONIO EMPLOYEES VOLUNTEERED FOR THE READING PROGRAM FROM OUR DEPARTMENTS FOR A TOTAL OF NEARLY 150 VOLUNTEER HOURS.

AND I, TOO, WAS A READING BUDDY THIS SUMMER.

AGAIN, AND AS I TOLD MY BUDDY, NAVEA, MY HOUR WITH HER EACH WEEK WAS THE BEST HOUR OF MY WEEK.

SO, I WANT TO THANK THE EMPLOYEES THAT VOLUNTEERED THIS YEAR.

NEXT I JUST WANTED TO SAY THAT THE COMMUNITIES AND SCHOOL'S ANNUAL STUFF THE BUS EVENT TOOK PLACE -- THAT HAS TAKEN PLACE OVER THE PAST 20 YEARS TO COLLECT SCHOOL SUPPLIES THROUGHOUT THE COMMUNITY JUST OCCURRED AND THE EVENT GREW FROM COLLECTING $10,000 IN 1998 TO OVER $600,000 IN SCHOOL SUPPLIES AND MONETARY DONATIONS.

THEY WERE COLLECTED AND MADE AVAILABLE TO OVER 90 SCHOOLS FROM 11 SCHOOL DISTRICTS.

THE STUFF THE BUS EVENT WAS HELD ON AUGUST 4 AT MORE THAN 32 PARTICIPATING HEB LOCATIONS AND WE HAD A DESIGNATED CITY OF SAN ANTONIO TRICENTENNIAL HEB LOCATION AT 281 AND EVANS ROAD.

THANK YOU, COUNCILMAN COURAGE, FOR COMING OUT TO HELP THE SHOPPERS TO PURCHASE SUPPLIES.

THIS YEAR, WE CHALLENGED OUR CITY DEPARTMENTS TO STUFF A VIA BUS.

WE MADE A FRIENDLY COMPETITION AMONG OUR CITY DEPARTMENTS WITHIN THE ORGANIZATION OF SUPPLIES BASED ON AN AVERAGE WEIGHT COLLECTED PER NUMBER OF EMPLOYEES.

AND I'M HAPPY TO SHARE THAT THIS YEAR, WE SET A NEW CITY OF SAN ANTONIO RECORD WITH NEARLY 3,000 POUNDS OF SCHOOL SUPPLIES COLLECTED.

THE VALUE ESTIMATED AT NEARLY $34,000 AND THAT'S BASED ON THE AVERAGE DOLLAR VALUE PER POUND.

WE ALSO COLLECTED ANOTHER 1,000 POUNDS OF SUPPLIES THE EVENT DAY WITH EFFORTS LED BY THE TRICENTENNIAL STAFF AND OUR VOLUNTEERS.

MAYOR, I'M PROUD TO SAY THAT WE DID STUFF THAT VIA BUS.

SO NOW I'D LIKE TO SHARE THE COMPETITION RESULTS.

[03:25:01]

THE DEPARTMENT THAT COLLECTED THE MOST DONATIONS BASED ON THE AVERAGE WEIGHT OF DONATIONS PER EMPLOYEE.

DRUM ROLL? IS GOVERNMENT AND PUBLIC AFFAIRS.

WITH A WHOPPING 12 POUNDS PER PERSON COLLECTED.

SO CONGRATULATIONS, JEFF COIL AND OUR GPA TEAM.

I MUST ALSO TAKE A MOMENT TO MENTION A FEW HONORABLE MENTIONS.

THE ECONOMIC DEVELOPMENT DEPARTMENT COLLECTED 7 POUNDS PER PERSON.

HISTORIC PRESERVATION, 6 POUNDS PER PERSON, METROHEALTH HAD THE HIGHEST OVERALL WEIGHT COLLECTED WITH 674 POUNDS OF SCHOOL SUPPLIES.

AND OUR WOMEN'S LEADERSHIP MENTORING PROGRAM PARTICIPANTS ALSO CONTRIBUTED TO THE EFFORT.

CONGRATS TO ALL OF THE CITY OF SAN ANTONIO DEPARTMENTS AND THANK YOU FOR TAKING THE TIME AND EFFORT TO EXEMPLIFY OUR CORE VALUES OF DOING GREAT THINGS FOR A GREAT COMMUNITY.

THAT'S ALL FOR THIS MORNING, MAYOR, THANK YOU.

>> MAYOR RON NIRENBERG: THANK YOU, SHERYL.

COUNCILMAN VIAGRAN?

>> REBECCA VIAGRAN: THANK YOU, MAYOR.

I JUST HAVE ONE QUICK VERY FUN ANNOUNCEMENT.

YESTERDAY THE UNITED STATES MINT REVEALED THE OFFICIAL DESIGNS FOR NEXT YEAR'S AMERICA THE BEAUTIFUL QUARTERS PROGRAM.

AND OUR SAN ANTONIO WORLD HERITAGE MISSIONS MADE THE LIST.

SO GET READY IN 2019.

WE'RE GOING TO SEE NEW QUARTERS WITH OUR MISSIONS ON THEM.

SO, GREAT THING TO CELEBRATE.

THANK YOU.

>> MAYOR RON NIRENBERG: THANK YOU, COUNCILWOMAN VIAGRAN.

REMINDER, WE WILL RECESS UNTIL OUR ZONING DOCKET AT 2:00 P.M.

[Zoning Consent Agenda]

>> MAYOR NIRENBERG: GOOD AFTERNOON, WELCOME TO OUR CITY COUNCIL ZONING AGENDA.

WE HAVE SEVERAL ITEMS THAT ARE GOING TO BE CONSIDERED INDIVIDUALLY.

I'LL READ THOSE NOW AND THEN I'LL ASK MY COLLEAGUES IF THERE ARE ANY OTHER ITEMS FROM WHICH THEY WOULD LIKE TO PULL FROM THE ZONING CONSENT AGENDA.

FOR INDIVIDUAL CONSIDERATION WE HAVE P1 AND Z1, Z2, Z10, Z12, Z13, Z16, Z17 AND Z21.

THOSE ARE THE ITEMS FOR INDIVIDUAL CONSIDERATION.

ITEMS Z8, P-3, Z9 AND Z20 HAVE BEEN POSTPONED BY THE APPLICANT AND WILL NOT BE ADDRESSED AS WELL AS ITEM Z22 WHICH HAS BEEN WITHDRAWN FROM THE APPLICANT AND WILL NOT BE ADDRESSED.

OTHER THAN THOSE ITEMS I READ FOR INDIVIDUAL CONSIDERATION, ARE THERE ANY OTHER ITEMS MY COLLEAGUES WOULD LIKE TO PULL FROM THE CONSENT AGENDA? OKAY.

HEARING NONE, I'LL ENTERTAIN A MOTION FOR THE BALANCE OF THE CONCENT -- CONSENT ZONING AGENDA.

>> SO MOVED.

>> SECOND.

>> MAYOR NIRENBERG: THERE'S A MOTION AND A SECOND FOR THE CONSENT ITEMS EXCEPT FOR THE ONES LISTED ABOVE.

FINGER?

>> MAYOR NIRENBERG AND OTHER MEMBERS OF OUR ILLUSTRIOUS SAN ANTONIO CITY COUNT TILL.

-- COUNCIL.

MY NAME IS JACK M. FINGER.

FOR THIS PORTION OF THE AGENDA, MR. TREVINO, IN YOUR DISTRICT, YOU'VE GOT A REQUEST TO PUT AN ALCOHOL SALES LOCATION RIGHT NEAR A SCHOOL.

BONHAM ELEMENTARY.

YOU ROUTINELY ALLOW THAT TO HAPPEN, SIR.

MAYBE YOU MIGHT JUST WANT TO GET SOME RELIGION THIS TIME AND SAY NO TO IT, HMM? YEAH.

ALSO IN YOUR NEIGHBORHOOD, SIR, THE -- THERE IS A FIVE TOWNHOMES WANT TO GET ESTABLISHED ON VALDEZ STREET.

NOT ONLY DID THE STAFF THINK IT WAS A BAD IDEA, BUT THE ZONING -- BOTH STAFFS, THE ZONING AND PLANNING THOUGHT IT WAS A BAD IDEA.

RED FLAGS EVERYWHERE.

ZONING COMMISSION THOUGHT IT WAS A BAD IDEA.

THEY -- 31 NOTICES OUT, ABOUT 23% OF THE PEOPLE AROUND THIS HAVE SAID NO TO THIS THING.

AND YET YOU'RE DOING GOOD IF YOU GET 5 OR 10% TO OPPOSE IT.

THE TOBIN HILL NEIGHBORHOOD OPPOSES IT.

BASICALLY ESTABLISHES IT WILL CHANGE THE CHARACTER OF THE NEIGHBORHOOD, SIR.

YEAH, THAT'S RIGHT.

YOU COULD SAY DO THE RIGHT

[03:30:01]

THING AS YOU SAID Y'ALL WERE GOING TO DO LAST TIME AND SAY NO TO IT.

YES, ALSO YOU'VE GOT -- LIKEWISE, SIR, IN YOUR DISTRICT, YOU'VE GOT A PERSON WANTS TO ESTABLISH A BAR, THAT'S RIGHT, A BAR, A TAVERN AND A MULTIFAMILY LOCATION RIGHT NEAR THE SOUTH FLORES STREET RIGHT THERE.

150 UNITS, SIR, TOO DENSE FOR THIS THING.

THAT'S WHAT THE -- SOME PEOPLE SAID, ESPECIALLY TO THE ZONING COMMISSION, SIR.

17 NOTICES WENT OUT.

WELL, ACTUALLY 54 NOTICES WENT OUT, 40 -- MY GOODNESS, THAT'S ABOUT 80% RIGHT THERE.

YOU REALLY WANT TO SAY YES TO THAT STUFF, SIR? YEAH.

THAT'S JUST IN YOUR DISTRICT, SIR.

ELSEWHERE, WHAT HAVE WE GOT HERE? HMM.

YEAH, MR. COURAGE, YEAH, IN YOUR DISTRICT, PERSON WANTS TO PUT UP ALCOHOL SALES ON EAST EVANS ROAD.

YEAH.

THAT'S RIGHT.

250 SIGNATURES OPPOSED IT.

IT'S RIGHT NEAR TEJEDA MIDDLE SCHOOL WHERE YOU HAD PEOPLE AGAINST IT, FIVE SPOKE AGAINST IT AT THE ZONING COMMISSION.

MAYBE YOU'D WANT TO SAY NO, JUST LIKE THE ZONING COMMISSION SAID.

LIKEWISE, THAT, PLUS THE FACT THAT, YOU KNOW, OUR ENTIRE CITY IS GOING TO BE MISZONED.

THE ALMIGHTY IS NOT GOING TO LIKE WHAT YOU GUYS DID A COUPLE HOURS AGO, LACING AN ABORTION -- AUDIO] -- SORRY, MR. MAYOR, YOU -- DESTRUCTION IS ON ITS WAY.

WE DON'T NEED IT.

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

THERE IS A MOTION AND A SECOND FOR THE BALANCE OF THE CONSENT AGENDA.

PLEASE VOTE.

[P-1. PLAN AMENDMENT CASE # 18046 (Council District 1): Ordinance amending the Tobin Hill Neighborhood Plan, a component of the Comprehensive Master Plan of the City, by changing the future land use from “Low Density Residential” to “Low Density Mixed Use” on 0.2831 acres out of NCB 2870, located at 146 Valdez Avenue. Staff recommends Denial. Planning Commission recommends Approval. (Associated Zoning Case Z2018154) (Continued from August 2, 2018) Z-1. ZONING CASE # Z2018154 (Council District 1): Ordinance amending the Zoning District Boundary from "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District to "IDZ AHOD" Infill Development Zone Airport Hazard Overlay District for five (5) Townhomes on 0.2831 acres out of NCB 2870, located at 146 Valdez Avenue. Staff recommends Denial, with an Alternate Recommendation. Zoning Commission recommendation is forwarded as Denial, due to lack of a motion. (Associated Plan Amendment 18046) (Continued from August 2, 2018)]

MOTION CARRIES.

ITEM NUMBER P1 AND Z1.

>> CLERK: 18046 AND ZONING CASE S218154 AMENDING THE TOBIN HILL NEIGHBORHOOD PLAN TO LOW DENSITY RESIDENTIAL TO LOW DENSITY MIXED USE LOCATED AT 1469 VALDEZ AVENUE.

STAFF RECOMMENDS DENIAL.

PLANNING COMMISSION RECOMMENDS APPROVAL.

ZONING COMMISSION MOTION FAILED THEREFORE IT IS FORWARDED AS A DENIAL.

31 NOTICES MAILED, ONE IN FAVOR, EIGHT OPPOSED.

TOBIN HILL COMMUNITY ASSOCIATION IS IN OPPOSITION.

>> MAYOR NIRENBERG: ALL RIGHT.

COUNCILMAN TREVINO?

>> TREVINO: THANK YOU, MAYOR.

AT THIS POINT, I'D LIKE TO HAVE KEN BROWN SAY A FEW WORDS.

>> KEN BROWN, 112 EAST PECAN, SUITE 1360.

I'D LIKE TO AMEND OUR APPLICATION AND PROVIDE AN UPDATED SITE PLAN THAT ALLOWS FOR FOUR UNITS AND FOUR LOTS ON THE PROPOSED SITE.

THANK YOU.

>> TREVINO: OKAY.

WITH THAT, I MOTION TO APPROVE AS AMENDED TO IDZ WITH USES PERMITTED IN R-3 FOR FOUR UNITS.

>> MAYOR NIRENBERG: OKAY.

THERE'S A MOTION AND A SECOND FOR APPROVAL OF ITEMS P1 AND Z1.

PLEASE VOTE.

[Z-2. ZONING CASE # Z2018098 (Council District 1): Ordinance amending the Zoning District Boundary from "C-3NA AHOD" General Commercial Nonalcoholic Sales Airport Hazard Overlay District and "I-1 RIO-7D HS AHOD" General Industrial River Improvement Overlay Historic Significant Airport Hazard Overlay District to "IDZ RIO-7D AHOD" Infill Development Zone River Improvement Overlay Airport Hazard Overlay District with uses permitted in "C-2" Commercial District, a Bar/Tavern and Multi-Family with no more than 150 units per acre and to remove the Historic designation on 7.527 acres out of NCB 985, located at 931 South Flores Street. Staff recommends Approval. Zoning Commission recommends Denial.]

MOTION CARRIES.

ITEM Z2.

>> CLERK: Z2018098 FROM C-3 NA AND I-1 RIO TO IDZ RIO WITH USES PERMITTED IN C-2, A BAR TAVERN AND MULTIFAMILY WITH NO MORE THAN 150 UNITS PER ACRE AND TO REMOVE THE HISTORIC DESIGNATION LOCATED AT 931 SOUTH FLORES STREET.

STAFF RECOMMENDS APPROVAL, ZONING COMMISSION RECOMMENDS DENIAL.

128 NOTICES MAILED, THREE IN FAVOR, 48 OPPOSED.

WING -- KING WILLIAM IS IN OPPOSITION.

>> MAYOR NIRENBERG: COMMISSI ONER TREVINO.

>> TREVINO: I MOTION FOR A FOUR-WEEK CONTINUANCE.

>> MAYOR NIRENBERG: THERE'S A MOTION AND SECOND FOR APPROVAL FOR ITEM Z2 -- EXCUSE ME.

LET ME RESTATE.

THERE IS A MOTION AND A SECOND FOR CONTINUANCE OF ITEM Z2.

>> CLERK: THANK YOU.

>> MAYOR NIRENBERG: PLEASE

[Z-10. ZONING CASE # Z2018257 (Council District 3): Ordinance amending the Zoning District Boundary from "RE" Residential Estate District to "C-2" Commercial District on 18.408 acres out of CB 4167, generally located at Loop 1604 and South Flores Road. Staff and Zoning Commission recommend Approval.]

VOTE.

MOTION CARRIES.

ITEM Z10.

>> CLERK: Z2018257 FROM RE TO C-2 GENERALLY LOCATED AT LOOP 1604 AND SOUTH FLORES ROAD.

SPHAF AND ZONING COMMISSION RECOMMEND APPROVAL.

EIGHT NOTICES MAILED, ONE IN FAVOR, 0 OPPOSED.

>> MAYOR NIRENBERG: COUNCILW OMAN VIAGRAN.

>> VIAGRAN: I MOTION TO CONTINUE TO SEPTEMBER 20TH.

>> SECOND.

>> MAYOR NIRENBERG: THERE'S A MOTION AND A SECOND FOR CONTINUANCE OF ITEM Z10.

PLEASE VOTE.

[Z-12. ZONING CASE # Z2018081 (Council District 5): Ordinance amending the Zoning District Boundary from "R-6 AHOD" Residential Single-Family Airport Hazard Overlay District to "NC AHOD" Neighborhood Commercial Airport Hazard Overlay District on the South 85 feet of Lot 7C, Block 8, NCB 8084, located at 2015 El Jardin Road. Staff and Zoning Commission recommend Approval. (Continued from August 2, 2018)]

MOTION CARRIES.

[03:35:02]

ITEM Z12.

>> CLERK: Z2018081 FROM R-6 TO NC LOCATED AT 2015 ELHABIN ROAD.

STAFF AND ZONING RECOMMEND APPROVAL.

WESTWOOD ASSOCIATION IS IN OPPOSITION.

>> MAYOR NIRENBERG: COUNCILW OMAN GONZALES.

>> GONZALES: THE APPLICANT DIDN'T WITHDRAW HIS APPLICATION.

>> CLERK: GNOME, NOT TO OUR -- NO, MA'AM, NOT TO OUR KNOWLEDGE.

>> GONZALES: MOTION TO DENY.

>> MAYOR NIRENBERG: OKAY.

THERE'S A MOTION AND A SECOND FOR DENIAL OF ITEM Z12.

PLEASE VOTE.

[Z-13. ZONING CASE # Z2018190 (Council District 5): Ordinance amending the Zoning District Boundary from "I-1 RIO-4 AHOD" General Industrial River Improvement Overlay Airport Hazard Overlay District to "IDZ RIO-4 AHOD" Infill Development Zone River Improvement Overlay Airport Hazard Overlay District with Multi-Family uses not to exceed 80 units per acre on Lot 18 and Lot 20, NCB A-14, located at 400 Probandt Street. Staff and Zoning Commission recommend Approval. (Continued from August 2, 2018)]

MOTION CARRIES.

SVMENTD 13.

>> CLERK: Z2018190 FROM I-1 TO IDZ WITH MULTIFAMILY USES NOT TO EXKEYED 80 UNITS PER ACRE LOCATED AT PROBANDT STREET.

STAFF AND ZONING COMMISSION RECOMMEND APPROVAL.

18 NOTICES MAILED, O IN FAVOR AND 0 OPPOSED.

>> GONZALES: MOTION TO CONTINUE FOR TWO WEEKS.

>> CLERK: THAT WOULD BE SEPTEMBER 6TH.

>> GONZALES: MOTION TO CONTINUE.

>> MAYOR NIRENBERG: OKAY.

THERE'S A MOTION AND A SECOND FOR CONTINUANCE OF ITEM Z13.

[Z-16. ZONING CASE # Z2018156 CD (Council District 8): Ordinance amending the Zoning District Boundary from "R-20 MLOD-1 MSAO-1" Residential Single-Family Camp Bullis Military Lighting Overlay Camp Bullis Military Sound Attenuation Overlay District to "C-2 CD MLOD-1 MSAO-1" Commercial Camp Bullis Military Lighting Overlay Camp Bullis Military Sound Attenuation Overlay District with Conditional Use for a Construction Contractor Facility on 0.853 acres out of NCB 35733, located at 7081 Heuermann Road. Staff recommends Approval. Zoning Commission recommends Denial. (Continued from August 2, 2018)]

PLEASE VOTE.

MOTION CARRIES.

ITEM Z16.

>> CLERK: Z2018156 FROM R20 TO C-2 CD WITH CONDITIONAL USE FOR A CONSTRUCTION CONTRACTOR FACILITY LOCATED AT 7081 HUMERMAN ROAD.

STAFF RECOMMENDS APPROVAL -- APPLICANT IS AMENDING THE REQUEST TO ADD NA, AND THE APPLICANT ALSO AGREES TO THE FOLLOWING CONDITIONS: NO OUTDOOR SPEAKERS OR OUTDOOR LIVE MUSIC, BUILDING HEIGHT AND OUTDOOR STORAGE, HEIGHT SHALL NOT EXCEED 20 FEET IN HEIGHT, 20-FOOT LANDSCAPE BUFFER.

PLANTINGS MUST BE APPENDIX E FROM THE UDC, NATIVE SPECIES ONLY.

>> MAYOR NIRENBERG: COUNCILM AN PELAEZ.

>> PELAEZ: THANK YOU, MAYOR.

I'D LIKE TO DEFER MY COMMENTS UNTIL AFTER THE CITIZENS ARE HEARD.

THERE'S A LIST OF THEM.

>> MAYOR NIRENBERG: GREAT.

THERE'S SEVERAL CITIZENS SIGNED UP TO SPEAK ON ITEM Z16.

I'LL CALL THE FIRST PERSON TO SPEAK.

I'LL CALL THE NEXT PERSON IN LINE, IF YOU CAN MAKE YOUR WAY TO THE FRONT.

GERALD TAYLOR? FOLLOWED BY JESSE TAYLOR.

>> I HAVE AN UNDERSTANDING THAT I WOULD BE GIVEN NINE MINUTES BECAUSE OF THE OTHER ONES GIVING ME THEIR TIME.

>> MAYOR NIRENBERG: OKAY.

WHO'S GIVING YOU YOUR TIME, MR. TAYLOR?

>> MY GRANDSON, CALEB GARDENER.

>> MAYOR NIRENBERG: CALEB? OKAY.

AND.

>> AND MY WIFE, LAURA TAYLOR.

>> MAYOR NIRENBERG: LAURA.

GO AHEAD, YOU HAVE NINE MINUTES, MR. TAYLOR.

>> THANK YOU.

FIRST OF ALL, THIS HEARING WAS SCHEDULED JULY 21ST.

THE CASE WAS SCHEDULED AND POSTPONED.

RESCHEDULED TILL THE SECOND OF AUGUST, RESCHEDULED THEN.

I REQUESTED A RESCHEDULING ON MONDAY WITH MR. PELAEZ, AND I WAS DENIED THE RESCHEDULING AT 5:10 P.M.

YESTERDAY AFTERNOON.

ACCORDING TO MR. PELAEZ'S POSITION ON THIS -- I MEAN COUNCILMAN PELAEZ'S POSITION ON THIS, HE IS IN OPPOSITION UNLESS -- BECAUSE THE ZONING COMMISSION HAS ALREADY UNANIMOUSLY DENIED THIS REZONING.

HE WAS ONLY GOING TO CONSIDER IT IF HE HAD THE SUPPORT OF FOSANA, THE FRIENDS OF SAN ANTONIO NATURE AREAS.

I HAVE THE -- THE COUNCIL HAS THE WRITTEN OPPOSE L OF THE PRESIDENT OF FOSANA, AND THE ONLY EVIDENCE THAT THEY HAVE THAT FOSANA IS DOING ANYTHING, IS THEY'RE NONOPPOSED, THEY'RE NOT SUPPORTING THIS.

THERE'S NO EVIDENCE THAT THEY ARE.

THE -- WHAT THEY'RE ASKING FOR RESTRICTIONS, NO ALCOHOL, NO OUTDOOR LIVE MUSIC, NO GAS STATION, NO CONVENIENCE STORES, NO OUTDOOR SPEAKERS, BUILDING AND THIS.

NONE OF IT PERTAINS TO THE PROTECTING OF THE GROUNDWATER, THE AIR POLLUTION, CONTAINMENT OF -- OR WHAT TYPES OF MATERIALS WILL BE STORED THERE.

THIS IS A PROPOSED CONSTRUCTION SUPPLY COMPANY.

THE SCHOOL HASN'T BEEN GIVEN THE OPPORTUNITY TO SPEAK ON THIS.

THEY WERE NOT NOTIFIED OF THIS.

OUR NEIGHBOR, WHO I WAS INFORMED BY ANDREW SALANO OF

[03:40:03]

MR. PELAEZ'S OFFICE THAT THEY DILIGENTLY WORKED ON GETTING THE OPINION OF THE NEIGHBORS.

MY NEIGHBOR NEXT DOOR, WHICH IS 135 FEET FROM THIS PROPERTY, WAS NEVER NOTIFIED ABOUT THE PROPERTY.

THEY DON'T HAVE ANY IDEA ABOUT THIS.

AND THEY ARE OPPOSED TO IT.

IF GIVEN THE OPPORTUNITY, THEY'LL BE HERE TO SPEAK AGAINST IT, BUT THIS THING SEEMS TO BE RUSHED THROUGH.

IT'S NOT TAKEN THE PROPER CHANNELS TO BE DONE.

THIS AREA IS A UNIQUE AREA.

IT BACKS UP TO AN ELEMENTARY SCHOOL WHERE ALL THIS DUST AND DEBRIS IS GOING TO BE GENERATED NEXT TO A PLAYGROUND FOR OUR CHILDREN.

THERE'S A NATURE AREA RIGHT DOWN THE STREET FROM HERE.

THE ROADS ARE ALREADY IN DISARRAY AND AS I SAID, THE COUNCIL'S ALREADY BEEN MADE AWARE OF THIS BY DR. STARZEL, THE PRESIDENT OF FOSANA, THIS IS THE CONTENTION THAT THEY'RE OPPOSED TO IT.

TO -- ALL OF A SUDDEN AND ALL ALONG, I'VE BEEN IN CONTACT WITH COUNCILMAN PELAEZ'S OFFICE, AND HE HAS VOICED VERBALLY HIS OFFICE, AND IN WRITING THEY'RE OPPOSED TO THIS ZONING.

I WAS INFORMED AT 5:10 P.M.

YESTERDAY EVENING THAT HE INTENDS TO VOTE FOR THE ZONING ALL OF A SUDDEN.

I DON'T UNDERSTAND IT.

THERE'S SO MUCH INFORMATION THAT IS NOT PROPER HERE, THAT WE NEED TO HAVE A CONTINUANCE.

WE NEED TO HAVE THIS POSTPONED UNTIL WE CAN GET THIS INFORMATION ABOUT THE PROTECTION OF THE GROUNDWATER, WHAT MATERIALS ARE GOING TO BE THERE, HOW IT'S GOING TO BE CONTAINED.

WE ALSO NEED TO GET THE TRUE OPINION OF FOSANA, NOT A MIXED MESSAGE.

MAKING A VOTE WITHOUT ALL THE INFORMATION.

AND THAT'S NOT PROPER.

WE NEED TO KNOW EXACTLY WHAT'S GOING TO BE CONTAINED THERE, WHAT'S GOING TO BE STORED AND DISTRIBUTED THERE.

WE NEED TO KNOW -- IT'S GOING TO TAKE MORE COST TO MAINTAIN THE ROADS OUT THERE THAN THE CITY'S GOING TO GENERATE IN REVENUE FROM ALLOWING AN INDUSTRY TO EXIST THERE.

THIS IS TOTALLY INAPPROPRIATE AND IMPROPER.

I DON'T KNOW HOW MUCH MORE I CAN SAY.

I -- THE PLAN TO REZONE THIS PROPERTY ON JUNE 21ST AND I WAS NOT NOTIFIED OF THE POSTPONEMENT OR THE RESCHEDULING OF IT.

I HAD TO FIND OUT ON MY OWN THROUGH THE NEWSPAPER AND CALLING MY COUNCILMAN'S OFFICE.

NOW, I SIMPLY ASK THAT -- FOR A POSTPONEMENT UNTIL WE CAN GET THE SCHOOL'S OPINION ABOUT IT, THE CLEAR OPINION OF THE FRIENDS OF SAN ANTONIO NATURE AREAS, AND MY NEIGHBOR'S AND THERE'S ALSO A RETIREMENT FACILITY AT THE END OF THE STREET WHERE THIS IS PROPOSED.

WE NEED TO MAKE SURE THAT THEY'RE AWARE OF IT.

THERE'S A LOT OF PEOPLE THAT HAVE NOT BEEN MADE AWARE OF THIS SITUATION, SO THEY CAN'T BE HERE TO VOICE THEIR OPINION ON IT.

AND I SEE NO REASON THAT WE SHOULD JUST PUSH THIS THROUGH, THERE'S NO URGENCY IN MAKING A DECISION TODAY.

WE CAN HAVE TIME TO GET THE INFORMATION THAT'S NECESSARY TO MAKE AN INFORMED DECISION.

I'M NOT ASKING THE COUNCIL TO VOTE IN MY FAVOR OR TO VOTE AGAINST THIS REZONING.

I'M ASKING THEM TO GIVE TIME SO THAT THEY CAN BE PROVIDED THE PROPER INFORMATION TO MAKE AN INFORMED DECISION TO PROTECT THE CITIZENS OF SAN ANTONIO AND THIS NATURE AREA, THE CHILDREN AT THIS ELEMENTARY SCHOOL.

IF YOU DON'T HAVE IT, AND THEY DON'T HAVE -- THE PEOPLE REQUESTING THIS REZONING DON'T HAVE THAT INFORMATION THAT THEY CAN PRESENT, DOCUMENTED EVIDENCE OF IT, THEIR POSITION, THEN WE SHOULD WAIT AND GET IT BEFORE WE MAKE THAT DECISION I DON'T KNOW WHAT ELSE I HAVE TO SAY.

I DIDN'T NEED THAT MUCH TIME TO SAY IT.

I APPRECIATE THE TIME WITH THE COUNCIL.

AND LIKE I SAID, IT SEEMS PECULIAR, ARBITRARY, BIAS, THAT ALL UP UNTIL YESTERDAY AT 5:10 P.M. THERE WAS ONLY OPPOSITION FROM THE COUNCIL THAT I KNEW OF.

AND AT 5:10 P.M. YESTERDAY AFTERNOON, IT WAS DRAMATICALLY REVERSED.

IT SHOULDN'T GO THAT WAY.

WE SHOULD CONSIDER ALL THINGS, AND I DON'T THINK THIS HAS BEEN GIVEN THE

[03:45:01]

PROPER -- IF THEY HAVE -- IF THE PEOPLE THAT ARE PROPOSING THIS HAVE BEEN GIVEN THE OPPORTUNITY FOR MORE TIME TO PRESENT THEIR CASE FOR IT, I SHOULD AT LEAST BE GIVEN ONE OPPORTUNITY.

ALSO, THE ZONING COMMISSION HAS ALREADY HEARD THIS WHOLE CASE AND LIKE I SAID, THEY UNANIMOUSLY VOTED TO DENY THE REQUEST FOR REZONING.

WE DON'T NEED MORE INDUSTRY ON THIS SMALL AREA.

IT'S GOING TO BE A DETRIMENT TO THE CITIZENS, IT'S GOING TO BE A DETRIMENT FOR THE CHILDREN, IT'S JUST WRONG.

THAT'S ALL I HAVE TO SAY.

[APPLAUSE]

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

JESSE TAYLOR?

>> HELLO.

MY NAME IS JESSE TAYLOR.

I'M THE OWNER OF THIS PROPERTY.

I'VE OWNED IT FOR 31 YEARS, AND ABOUT FOUR YEARS AGO THE TAX -- WELL, THERE HAS BEEN SO MUCH GROWTH OUT HERE, THE PROPERTY TAXES HAVE GONE UP AND I CAN'T MAINTAIN THIS TWO-BEDROOM HOUSE AS A RENTAL TO PAY TAXES AND EVERYTHING, AND I'M -- I CAN'T DO THE WORK ANYMORE THAT I NEED TO TO TAKE CARE OF IT, SO THAT'S THE REASON I'M SELLING IT.

YOU KNOW, I THOUGHT THAT MAYBE TRAFFIC WAS AN ISSUE, BUT, YOU KNOW, TRAFFIC-WISE, THESE ARE FIVE STREETS, AND THEY ALL GO INTO THE INTERSTATE.

THEY'RE SHORT STATES AND THEY GO INTO THE INTERSTATE 10.

THEY'RE JUST SHORT, AND IT'S JUST BEAUTIFUL ACCESS ROADS, SO I CAN'T SEE TRAFFIC EVER BEING MORE THAN AN INCONVENIENCE.

ON OUR STREET, THERE'S JUST, I THINK, FOUR SINGLE FAMILY RESIDENCES LEFT.

THIS IS ALL GOING COMMERCIAL.

WHENEVER I PROTESTED AT THE BEXAR COUNTY TAXES, THEY JUST LAUGH AT ME AND THEY SAID THAT IT'S JUST COMMERCIAL.

AND THAT'S ALL THERE IS TO IT.

SO, YOU KNOW, ALSO I'D LIKE TO SAY IF THESE BUSINESSES ARE NOT -- IF THESE BUSINESSES ARE NOT -- IN AUDIO] -- ELSE'S PLACE, YOU KNOW, WHERE DO YOU -- WHERE DO YOU PUT IT? THIS IS WHERE THE GROWTH IS AND THIS IS WHERE THESE SERVICES ARE NEEDED.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU MR. TAYLOR.

DEB TAYLOR.

>> MAYOR NIRENBERG: YOU'RE GIVING YOUR TIME TO WHO?

>> JERRY.

>> MAYOR NIRENBERG: OH, TO JERRY.

THANK YOU, MRS. TAYLOR.

DAVID WINGO?

>> ZONING IN THAT AREA BECAUSE OF THE WILDERNESS AREA AND THE PARKS AND THE CHILDREN.

I'M JUST AGAINST THAT BEING DEVELOPED INTO INDUSTRIAL PARK.

THANK YOU.

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

KAYLA BIRD?

>> MY NAME IS KAYLA BIRD, AND I'M OPPOSED TO THIS BILL.

I GREW UP IN -- GOING TO MY AUNT'S AND UNCLE'S FOR NUMEROUS THANKSGIVINGS AND CHRISTMASES.

AND MY COUSINS GOT MARRIED IN THE PARK AND IT WAS A GREAT TIME GOING TO THE PARK AFTER WE STUCK OURSELVES WITH THANKSGIVING, CHRISTMAS OR THANKSGIVING, WHICHEVER ONE WE HAD THERE, AND THAT PLACE NEXT DOOR HAD HORSES AT ONE TIME, AND WE USED TO ALWAYS GO TORMENT THE HORSES, OR FEED THEM CARROTS.

AND NOW THERE'S AN ELEMENTARY SCHOOL BEHIND US, SO WE NO LONGER HAVE HORSES TO FEED.

AND I WOULD HATE TO SEE A GAS STATION OR SOME KIND OF PLACE IN ADDITION TO THE ONE THAT IS ALREADY NEXT DOOR.

AND IT WOULD SUCK TO SEE THAT PARK GO AWAY BECAUSE I LOVE THAT PARK AND I LOVE GOING AND WALKING IN THERE.

ESPECIALLY AFTER EATING A HEARTILY THANKSGIVING MEAL.

THANK YOU, GUYS, I HOPE YOU

[03:50:02]

WOULD POSTPONE THE VOTE AND GIVE IT A CHANCE TO EDUCATE THE CITIZENS BEFORE YOU ACTUALLY VOTE ON IT AGAIN.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, MRS. BIRD.

BRANDON BIRD?

>> HI, GOOD AFTERNOON, GUYS.

I JUST WANT TO SAY, MY UNCLE, HE'S DEFINITELY BEEN WORKING AT THIS FOR A LONG TIME, AND I CAN TELL IT MEANS A LOT TO HIM.

AND I REALLY THINK HE HAS, YOU KNOW, THE PEOPLE'S BEST INTEREST AT HEART AND SO I JUST WANT YOU TO CONSIDER HIS ARGUMENT AND THINK ABOUT THE COMMUNITY AND THE CITIZENS THAT HAVE BEEN -- THAT WOULD BE AFFECTED BY THE REZONING OF THIS.

THANK YOU.

THAT'S ALL I HAVE TO SAY.

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

JERRY ARRENDONDO? JERRY, YOU HAVE SIX MINUTES.

>> I AM THE APPLICANT ON THIS PROPERTY.

AND FIRST OF ALL, WE HAVE MET WITH THE SCHOOL DISTRICT AND THEY HAD SENT US A LETTER SAYING THEY ARE NOT OPPOSED TO THE ZONING.

WE ALSO MET WITH THE NEIGHBORS ALL AROUND US, INCLUDING GERALD.

UNFORTUNATELY, GERALD IS -- HE IS APOPPOSED ABOUT HIS BROTHER ZONING HIS PROPERTY.

AND YOU'VE HEARD FROM HIS BROTHER JESSE.

AND ALL THE OTHER NEIGHBORS ARE IN FAVOR OF THE ZONING, BUT LET ME SHOW YOU A MAP TO SHOW YOU WHAT IT IS EXACTLY THAT WE'RE TALKING ABOUT.

THERE'S TWO PAGES THAT ARE IMPORTANT.

THIS IS THE AREA THAT WE'RE TALKING ABOUT.

AND YOU'LL SEE THAT IT IS SURROUNDED BY INDUSTRIAL, THE INDUSTRIAL PROPERTIES AROUND IT.

LAST -- TWO WEEKS AGO ON TUESDAY, THERE WAS ANOTHER PARCEL THAT BACKS UP TO THE PARK THAT WAS ZONED ALSO.

IT JUST HAPPENS TO BE AN INDUSTRIAL AREA BECAUSE WHEN IT WAS ANNEXED INTO THE CITY, THE USES WERE THERE ALREADY.

AND WHEN THE SCHOOL -- AND THAT TEASE WHY THE SCHOOL SAID THAT THEY WEREN'T OPPOSED TO IT, BUT WHEN WE -- WE ALSO SPOKE TO THE FRIENDS AT FREDERICK PARK, THE YOUNG LADY BEFORE ME SAID THEY DIDN'T WANT TO HAVE ANY CONVENIENCE STORES, GAS STATIONS, WELL, IN SPEAKING WITH THE NEIGHBORHOOD ASSOCIATION, FOSANA FROM THE FREDERICK PARK, THEY ASKED US TO PUT SOME CONDITIONS, WHICH WERE READ ALREADY.

IN ADDITION TO THAT, THEY ALSO ASKED US TO EXCLUDE CONVENIENCE STORE TYPES OF USES IN THE B2, WHICH WE DID.

WE ALSO TODAY AMENDED OUR REQUEST FROM A C-2 CD TO A C-2 NACD AND THAT ALSO PROTECTS THE SCHOOL AND THE AREA AS A WHOLE.

SO WITH THOSE, AND THESE ARE THE DEED RESTRICTIONS, IN ADDITION TO THE CONDITIONS THAT WERE READ, THEN WE ASK THAT THE COUNCIL SUPPORT OUR ZONING REQUEST, AND -- WITH THE AMENDED C-2 NACD.

AND WITH THE CONDITIONS AS READ IN ADDITION TO THE DEED RESTRICTIONS THAT WE WOULD IMPOSE ON THE PROPERTY IN ORDER TO BE ABLE TO WORK WITH THE NEIGHBORS AND THE SURROUNDING AREA AS IT IS TODAY.

ONE OTHER POINT THAT I WOULD MAKE IS IN WORKING WITH THE STAFF AND OUR ORIGINAL RECOMMENDATION -- OR ADDITIONAL APPLICATION REQUEST, WE THEN WENT TO A BUFFER ZONE IN ORDER TO MEET SOME OF THE REQUIREMENTS BY THE CITY STAFF.

AND THE CITY STAFF IS RECOMMENDING APPROVAL.

THANK YOU.

AND I'M HERE FOR ANY QUESTIONS.

>> MAYOR NIRENBERG: OKAY.

THANK YOU, MR. ARRENDONDO.

WE HAVE SOME OTHER CITIZENS SIGNED UP TO SPEAK.

VICKY ARRENDONDO?

>> I'M VICKY ARRENDONDO.

AND I WANT TO SAY THAT I'M IN FAVOR OF THE ZONING REQUEST, AND I'D LIKE TO DONATE MY TIME TO JERRY ARRENDONDO.

>> MAYOR NIRENBERG: JERRY JUST SPOKE.

YOU HAD SOME TIME LEFT, JERRY.

WERE YOU DONE?

[03:55:07]

>> MAYOR NIRENBERG: THE COUNCILMAN MAY CALL YOU FORWARD IF COUNCILMEMBERS HAVE ANY QUESTIONS, BUT WE'LL KEEP MOVING THROUGH OUR LIST.

OKAY.

LINDA KLAKAR?

>> GOOD AFTERNOON, I'M HERE ON BEHALF OF THE COMPANY THAT IS TRYING TO PURCHASE THIS PROPERTY.

WE ARE A COMMERCIAL MASONRY BUSINESS.

IF YOU WANT TO KNOW WHAT WE DO, ALL YOU HAVE TO DO IS LOOK ACROSS THE FENCE TO THE ELEMENTARY SCHOOL THAT'S BUILT.

WE BUILT THAT SCHOOL.

IN LISTENING TO GERALD, I KIND OF FEEL LIKE HE'S BEEN MISINFORMED ABOUT WHAT OUR BUSINESS DOES.

WE'RE A COMMERCIAL MASONRY BUSINESS.

OUR CUSTOMER IS H-E-B, WE PROVIDE MASONRY SERVICE FOR A LOT OF THE SCHOOLS THAT ARE BEING BUILT IN SAN ANTONIO AND AROUND SAN ANTONIO.

WE'RE ALSO VERY PROUD TO HAVE BEEN A PART OF THE RESTORATION OF THE BEXAR COUNTY COURTHOUSE.

SO WE'RE CURRENTLY UNDER CONTRACT TO PURCHASE THE PROPERTY ON HEUERMANN ROAD CONTINGENT UPON IT BEING REZONED SOME TYPE OF COMMERCIAL WHICH WE'VE DISCUSSED.

IN OUR INITIAL RESEARCH PRIOR TO GOING UNDER CONTRACT FOR THIS PROPERTY, YOU KNOW, AS JERRY POINTED OUT, A LARGE PERCENTAGE OF THE PROPERTYS IN THE NEIGHBORHOOD HAVE ALREADY BEEN REZONED SOME TYPE OF COMMERCIAL; THEREFORE, WE WERE REALLY COMFORTABLE IN STICKING OUR NECK OUT AND SAYING WE'LL INVEST IN THE REZONING PROCESS AND IN ORDER TO SECURE THE PURCHASE OF THIS PROPERTY.

WITH THAT SAID, OUR INVESTMENT NOW EXCEEDS $17,000 AND WE DON'T OWN THE PROPERTY.

SO I WILL ADMIT THIS PROCESS HAS BEEN VERY EDUCATIONAL, AND IN SO MANY WAYS.

WE DID NOT REALIZE THAT A REZONING REQUEST TO BECOME COMMERCIAL IN AN AREA THAT IS PREDOMINANTLY COMMERCIAL WOULD BE SO HARD AND SO COMPLICATED, BUT WE HAVE AGREED TO ALL THE RESTRICTIONS SUGGESTED BY THE FRIENDS OF FREDERICK WILDERNESS BOARD AND THEY HAVE VOTEED AGAIN TO APPROVE OUR REZONING REQUEST.

I RESPECTFULLY REQUEST THAT YOU ALSO CONSIDER A YES VOTE, AND IF ANY OF YOU HAVE ANY QUESTIONS FOR ME, BECAUSE I THINK THERE'S CONFUSION ABOUT WHAT OUR BUSINESS DOES, I'LL BE GLAD TO ANSWER YOUR QUESTIONS.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, MRS. KLAKAR.

FAITH TAYLOR?

>> MAYOR NIRENBERG: NO, SIR, THE PUBLIC HEARING IS IN ORDER, AND YOU HAVE THE TIME THAT YOU'RE ALLOTTED AND YOU MOVE THROUGH THE LIST.

>> I DIDN'T TAKE ALL THE TIME THAT I WAS ALLOTTED.

>> MAYOR NIRENBERG: OKAY.

I'M SORRY, SIR.

ONCE YOU YIELD THE FLOOR, WE MOVE THROUGH THE LIST.

IF THERE'S ANYTHING THAT HAS QUESTIONS FOR YOU, THEY'LL CALL YOU BACK TO THE FRONT.

FAITH TAYLOR?

>> HI, I'M FAITH TAYLOR.

I'M OPPOSED TO THE REZONING.

I GREW UP HERE.

THESE ARE MY GRANDPARENTS.

THEY'RE THE MOST LOVELY PEOPLE EVER, AND FOR -- TO DESTROY EVERYTHING THAT THEY'VE EVER HAD IN THAT NATURE CENTER, IT'S JUST BEAUTIFUL.

MY PARENTS GOT MARRIED THERE.

MY WHOLE FAMILY HAS CAME TO THIS HOUSE TO JUST BE TOGETHER.

WE HAVE -- ME AND MY COUSIN, WE HAVE A FORT IN THE WOODS THAT'S RIGHT ACROSS THE STREET, AND MY AUNT AND MY FATHER HAVE THE EXACT SAME FORT THERE.

WE HAVE SHARED SO MANY MEMORIES AT THIS HOUSE.

AND ON THIS STREET AND AT THAT PARK.

IT IS JUST -- IT'S EVERYTHING TO US, AND I REALLY HOPE Y'ALL CONSIDER WHAT MY GRANDFATHER HAD TO SAY.

THANK YOU.

[APPLAUSE]

>> MAYOR NIRENBERG: THANK YOU, MRS. TAILOR.

J.R. TROY?

>> HELLO.

I'M A REAL ESTATE BROKER AND I'VE BEEN SERVING SAN ANTONIO SINCE 1982.

I'VE KNOWN THE TAYLORS FOR 33 YEARS, I MET THEIR MOM WHEN MY CHILD WAS BORN, MY FIRST CHILD.

UNFORTUNATELY THIS IS A SAD STORY OF TWO BROTHERS THAT HAD PROPERTY SIDE BY SIDE AND THE LAND ALL AROUND THEM CHANGED TO COMMERCIAL OVER TIME.

[04:00:02]

AND JESSE EVENTUALLY MOVED ON, BUT AS HE MENTIONED TO YOU, THEY'RE CHARGING AS THOUGH IT'S A COMMERCIAL PROPERTY ALREADY.

90% OF THE VALUE IS INTHE LAND, 10% OF THE IMPROVEMENT.

I FEEL SORRY FOR THE LITTLE GIRL, WHAT SHE'S NOT GOING TO REALIZE IT'S NOT GOING TO EFFECT HER GRANDPARENTS HOUSE.

WHAT HAPPENS TO THE LOT NEXT DOOR, HE CAN'T RENT IT, HE CAN'T SELL IT AS RESIDENTIAL PROPERTY, IT REALLY NEEDS FOR THE GOOD OF EVERYBODY TO BE REZONED.

AT THE END OF THE DAY WHEN GERALD'S READY TO SELL HIS LAND, HE'LL GET MORE MONEY AS COMMERCIAL.

THANK YOU.

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

TRAY HUTCHINGSON? TREY HUTCHINGSON?

>> HOW ARE YOU DOING, COUNCIL? I WAS ORIGINALLY GOING TO DONATE MY TIME TO GERALD, BUT I GUESS HIS TIME IS OVER.

I WANTED TO COME UP HERE TODAY WITH MY SON CADE.

GERALD IS HIS GRANDFATHER.

WE GO OVER THERE QUITE OFTEN ON SUNDAYS TO ENJOY THEIR POOL, TO ENJOY THEIR TIME.

I'M AFRAID MOVING IN A COMMERCIAL PLACE RIGHT NEXT DOOR TO THEM, DESPITE THE IMPROVEMENTS THAT ARE MADE, IT CHANGES THE LANDSCAPE.

WE CAN TALK ABOUT THE COMMERCIAL AND STUFF THAT'S ALREADY ON THE ROADS, THEY'RE AT THE ENDS, THEY'RE NOT WHERE THE PEOPLE LIVE.

AND WHERE THEY LIVE, IT'S BEAUTIFUL.

IT'S A NICE AREA.

HE'S TAKEN A LOT OF TIME TO KEEP IT UP.

I UNDERSTAND THAT YOU MIGHT HAVE AN ISSUE WITH TWO BROTHERS, BUT AT THE END OF THE DAY, IT'S HIS PROPERTY THAT'S GOING TO BE AFFECTED BECAUSE HE'S STILL GOING TO HAVE HIS PROPERTY THERE.

THE OTHER PROPERTY WILL BE GONE AND SOLD, AND HIS BROTHER WON'T HAVE TO WORRY ABOUT IT, AND THAT'S SAD.

WHAT I CAN'T STAND IS A PLACE FOR MY SON TO VISIT HIS GRANDFATHER AND SPEND TIME, BECAUSE IT'S GOING TO CHANGE.

THANK YOU.

[APPLAUSE]

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

JULIE HUTCHINGSON? IS JULIE HUTCHINGSON HERE? MRS. HUTCHINGSON, ARE YOU GOING TO TAKE YOUR TIME?

>> I OPPOSE THE REZONING, OBVIOUSLY I GREW UP AT THIS HOUSE.

I UNDERSTAND COMMERCIAL, BUT THERE'S ALSO LIVELIHOOD, YOU KNOW, AND THE TRAFFIC, THE DEBRIS, EVERYTHING ALONG THOSE LINES THAT COMES WITH CONSTRUCTION.

I THINK WHAT MY FATHER HAS -- THE RIGHT FOR HIS HOME TO BE TAKEN INTO CONSIDERATION.

THANK YOU.

>> MAYOR NIRENBERG: THANK YOU, MRS. HUTCHINGSON.

COUNCILMAN PELAEZ?

>> PELAEZ: THANK YOU, MAYOR.

OUR STAFF HAS BEEN WORKING WITH CITY STAFF, THE APPLICANT AND THE ZONING BOARD.

MY UNDERSTANDING IS THAT MY STAFF'S ALSO SPOKEN TO THE GENTLEMAN IN OPPOSITION.

I THINK, IF I'M CORRECT, WE'VE RESCHEDULED A FEW TIMES.

I CONTINUED THIS THE LAST TIME SO THAT THE PARTIES CAN ALL GET TOGETHER AND SEEK AND TRY TO HAMMER OUT SOME CONSENSUS.

I'M SAD THAT NO CONSENSUS WAS HAMMERED OUT.

I'VE LOOKED AT THIS FILE, STAFF HAS COMPLIED WITH STATE AND LOCAL ORDINANCES, AND, YOU KNOW, THERE DOES SEEM TO BE -- I THINK Y'ALL GATHERED, THERE'S SOME UNDERLYING FAMILY DISPUTE HERE, BUT I'M NOT -- THAT'S NOT PART OF MY CALCULATION, AND PART OF THE REASON WHY IT IS THAT I'M GOING TO BE MOVING TO APPROVE THIS WITH THE CONDITIONS.

I WILL, FOR THE RECORD, HAND THE CLERK AN E-MAIL WE RECEIVED FROM THE FRIENDS OF FREDERICK PARK THAT READS AS FOLLOWS: THE BOARD HAS VOTED NOT TO OPPOSE A REZONING PROVIDED THE RESTRICTIONS WHICH MELISSA, YOU JUST READ INTO THE RECORD, AND SO WITH THE APPROVAL OF THE FRIENDS OF FREDERICK PARK AND HAVING LOOKED AT THIS VERY CAREFULLY, I'M GOING TO ASK MY FELLOW COUNCILMEMBERS TO APPROVE.

THANK YOU.

I MAKE THE MOTION, MAYOR.

>> MAYOR NIRENBERG: OKAY.

THERE'S A MOTION FOR

[04:05:01]

APPROVAL OF ITEM Z16.

IS THERE A SECOND? THERE'S A SECOND.

OKAY.

THERE'S A MOTION AND A SECOND FOR APPROVAL OF ITEM Z16.

PLEASE VOTE.

[Z-17. ZONING CASE # Z2018201 ERZD (Council District 8): Ordinance amending the Zoning District Boundary from "MF-33 ERZD" Multi-Family Edwards Recharge Zone District and "MF-33 S ERZD" Multi-Family Edwards Recharge Zone District with Specific Use Authorization for a Wireless Communication System to "PUD MF-18 ERZD" Planned Unit Development Limited Density Multi-Family Edwards Recharge Zone District on 25.87 acres out of NCB 14616, located at 8406 Flanagan. Staff and Zoning Commission recommend Approval.]

MOTION CARRIES.

ITEM NUMBER Z17.

>> CLERK: Z FROM FM33 AND FM33S TW MULTIFAMILY SPECIFIC USE AUTHORIZATION FOR A WIRELESS COMMUNICATION SYSTEM TO PUD MF-18 LOCATED 8406 FLANAGAN.

STAFF AND ZONING COMMISSION RECOMMEND APPROVAL, NINE NOTICES MAILED, ONE IN FAVOR, 0 OPPOSED.

>> MAYOR NIRENBERG: COUNCILM AN PELAEZ?

>> PELAEZ: THANK YOU, MAYOR.

I'M GOING TO MOVE TO REQUEST THAT THE APPLICANT SHOULD AB ABIDE FOR THE AMENDMENT THAT THE IMPERVIOUS COVER SHALL NOT EXCEED 65% ON THE 25.78-ACRE SITE.

THAT'S MY MOTION.

>> MAYOR NIRENBERG: OKAY.

THERE'S A MOTION AND A SECOND FOR APPROVAL OF Z17 WITH CONDITIONS AS READ.

PLEASE VOTE.

[Z-21. ZONING CASE # Z2018049 ERZD (Council District 9): Ordinance amending the Zoning District Boundary from “C-2 NA MLOD-1 ERZD" Commercial Nonalcoholic Sales Camp Bullis Military Lighting Overlay Edwards Recharge Zone District to "C-2 MLOD-1 ERZD" Commercial Camp Bullis Military Lighting Overlay Edwards Recharge Zone District on 0.0391 acres out of NCB 17600, located at 2770 East Evans Road. Staff recommends Approval. Zoning Commission recommends Denial.]

MOTION CARRIES.

ITEM Z21.

>> CLERK: Z2018049 FROM C-2 NA TO C-2 LOCATED AT 2770 EAST EVANS ROAD.

STAFF RECOMMENDS APPROVAL, ZONING COMMISSION RECOMMENDS DENIAL.

15 MAILED, 0 IN FAVOR, SEVEN OPPOSED.

A PETITION WAS RECEIVED FROM PROPERTY OWNERS OUTSIDE THE 200-FOOT BOUNDARY, 45 IN FAVOR AND 319 OPPOSED.

>> MAYOR NIRENBERG: ALL RIGHT.

WE HAVE SEVERAL CITIZENS SIGNED UP TO SPEAK ON ITEM Z21.

GO AHEAD AND CALL THEM NOW.

BRANDON MELON?

>> THANK YOU MAYOR AND COUNCIL.

MY NAME IS BRANDON ME LON, I'M HERE ON BEHALF OF THE APPLICANT WHO IS NOT HERE.