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[00:00:03]

OKAY.

[1. CALL TO ORDER]

GOOD EVENING EVERYONE.

UH, WE ARE, TODAY IS MONDAY, NOVEMBER 20TH, 2023.

WE'LL NOW CALL THE CITY COUNCIL REGULAR MEETING TO ORDER AT 6:36 PM IM NUMBER TWO.

OUR ROLL CALL.

WE DO HAVE A QUORUM OF COUNCIL.

IM NUMBER THREE IS OUR PLEDGE.

IT'LL BE LED BY SHAHI KUMAR, DIRECTOR OF PUBLIC WORKS, AND CITY ENGINEER.

PLEASE JOIN THE PLEDGE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, A NATION UNDER GOD IN WITH LIBERTY TO JUSTICE.

THANK YOU.

[4. PUBLIC COMMENTS]

ITEM NUMBER FOUR, PUBLIC COMMENTS.

CITY SECRETARY, DO WE HAVE ANY PUBLIC COMMENTS? YES, MR. MAYOR, WE DO ISRAEL MCGWEN.

MR. MCGWEN, AS YOU POST THE PO APPROACH THE PODIUM, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND PLEASE ADHERE TO THE THREE MINUTE TIME LIMIT.

ALRIGHT.

UM, MY NAME IS ISRAEL MCGUIN.

UM, I WOULD LIKE TO ADDRESS, WELL, I LIVE AT 4 1 4 OYSTER CREEK VILLAGE DRIVE.

UM, WE TALKED TO A LOT OF PEOPLE ABOUT THE NOISE DISTURBANCE THAT'S BEEN GOING ON BACK THERE WITH BEES WINE BAR.

BUT, UM, YOU KNOW, WHAT I'M STARTING TO UNDERSTAND IS THAT WE HAVE A CITY, A CITY ORDINANCE IN PLACE RIGHT NOW ABOUT EXCESSIVE NOISE.

I DON'T KNOW IF YOU'RE FAMILIAR WITH IT, BUT IT SEEMS LIKE A LOT OF PEOPLE AREN'T FAMILIAR WITH IT.

UM, AND WHY THEY'RE NOT, UM, IMPLEMENTING NOT SAYING ANYTHING ABOUT IT, YOU KNOW, ADDRESSING OUR CONCERNS, OUR ISSUES, YOU KNOW, UM, I, I DON'T KNOW.

I DON'T KNOW WHAT IT IS.

I FEEL LIKE IT'S, HONESTLY, THIS IS SOMETHING AGAINST US AS RESIDENTS THERE.

YOU KNOW, PRIME EXAMPLE, YOU KNOW, LAST NIGHT WE HAD AN OFFICER AND I RECORDED THE WHOLE THING, YOU KNOW, ONE OFFICER SAID HE HEARD IT, WANTED TO ADDRESS THE SITUATION, WATCHED HIM IN THE BACK OF OUR CAMERAS.

NOTHING EVER HAPPENED.

NOTHING.

I ASKED TO SPEAK TO A SERGEANT TO COME OUT THERE THREE HOURS LATER.

THREE HOURS LATER, THIS IS AT 10 30 AT NIGHT.

10 30, AND ASKED HIM TO COME ON OUT.

HE WENT OVER THERE TO THE BACK OF THE BUSINESS, SAID HE DIDN'T HEAR ANYTHING.

BUT WHAT I'D LIKE TO DO IS I'D LIKE TO KEEP EVERYTHING RECORDED.

AND SURE ENOUGH, AND THE VIDEO THAT I HAVE, AND I DON'T KNOW WHO ELSE NEEDS TO SEE THE VIDEO, BUT IT SHOULD, IT, YOU CAN HEAR THE NOISE AS WELL.

AND WHEN, WHAT I MEAN BY NOISE IS MUSIC, TALKING ABOUT INSTRUMENTALS, VOCAL BASS, YOU KNOW, YOU NAME IT.

THAT HAS TO DO WITH MUSIC.

WE DON'T WANT TO TALK ABOUT THE HIGHWAY SIX TRAFFIC, 'CAUSE I DON'T HEAR THAT IN MY HOUSE.

I DON'T HEAR NONE OF THAT.

WHAT I DO HEAR IS THE BASE, THE VOCALS, THAT'S WHAT WE HEAR.

AND THE FACT THAT NOBODY ISN'T DOING ANYTHING ABOUT IT IS AN ISSUE.

I UNDERSTAND.

IT'S ON THE, THE THING TO GO BY A DECIBEL READER AND ALL THIS GOOD STUFF.

LET'S TRY IT OUT.

RIGHT? I'M ALL ABOUT TRYING THINGS OUT.

I DON'T, IT'S NOT GONNA WORK, BUT WHATEVER, LET'S GIVE IT A TRY.

BUT I WILL SAY, WHAT ARE WE GONNA DO IN THE MEANTIME? WHAT ARE WE GONNA DO? YOU KNOW, IT'S A TWO HEARING THAT'S A COUPLE WEEKS FROM NOW.

YOU KNOW, WE GOT THANKSGIVING AROUND THE CORNER.

YOU GOT CHRISTMAS, YOU KNOW, WHO'S TO SAY THAT THAT'S GONNA BE IMPLEMENTED BY THEN? MY SON'S BIRTHDAY.

WHAT, THAT'S DECEMBER 20TH.

WHAT AM I GONNA DO? SPEND HOURS AND HOURS OUTSIDE WAITING FOR AN OFFICER, YOU KNOW, OFFICER, TO ACTUALLY, YOU KNOW, ADDRESS THE SITUATION TO WHERE THEY HEAR IT ON, ON RECORDING IS, IS AN ISSUE, YOU KNOW? AND FOR HIM TO SAY THAT HE DON'T HEAR ANYTHING IS, IS PRETTY BAD.

IT'S PRETTY BAD.

AND, UM, I REALLY FEEL OUR, HE HAS SOMETHING AGAINST US AND IT'S SERGEANT SANTOS AND I, I WOULD LIKE TO KNOW WHO I NEED TO SPEAK TO ABOUT MAKING SURE THAT HE DOESN'T COME BACK TO OUR HOUSE EVER AGAIN.

YOU KNOW, HE DOES NOT NEED TO BE OVER THERE.

HE DOESN'T ADDRESS ANYTHING FOR US WHATSOEVER.

UM, I APPRECIATE IT.

LAMIA, MCGWEN, I'M NOT SURE I CAN TALK BACK, BUT , PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND PLEASE ADHERE TO THE THREE MINUTE TIME LIMIT.

UH, WELL, ACTUALLY I WAS, UM, IS THERE ANY WAY THAT I CAN PIGGYBACK OFF OF WHEN, WHENEVER THEY TALK ABOUT THE AGENDA OR WHEN THEY BRING IT UP AND, UM, NO, WE'RE DOING THIS UNDER PUBLIC COMMENTS.

OKAY.

UM, OKAY.

WELL, I MEAN, I DON'T REALLY, THAT'S CORRECT.

OKAY.

SORRY, WHAT? I WAS JUST CONFIRMING.

OH, OKAY.

OKAY.

SORRY.

OKAY.

SO, UM, KIND OF PIGGYBACKING OFF OF, UH, OH, SORRY.

LOMIA MCGUINN, UH, 4 1 4 OR SHA CREEK VILLAGE DRIVE.

UM, SO KIND OF PICKING BACK OFF OF WHAT ISRAEL SAID EARLIER, UM, JUST TO KIND OF GIVE YOU GUYS AN UPDATE, I DID A COUNT OF HOW MANY CALLS THAT WE MADE TO LAW ENFORCEMENT IN THE LAST SIX MONTHS.

AND IT TOTALED OUT, UP TO DATE,

[00:05:01]

281 TIMES WHEN WE CALLED.

SO, UM, WHAT I WOULD LIKE TO KNOW, AND THIS IS PROBABLY SOMETHING THAT WILL, I GUESS WILL BE BROUGHT UP WHENEVER YOU GUYS TALK ABOUT THE AGENDA, IS, UM, IF THERE WAS A SOUND ENGINEER THAT WAS, THAT MADE THE, UM, UH, DETERMINED THE, THE LOCATION, FREQUENCY, DISTANCE, ALL OF THAT, ENVIRONMENTAL FACTORS THAT WOULD BE CONTRIBUTING TO THE DECIMAL READER, BECAUSE LIKE ISRAEL SAID EARLIER, UH, THE BASE TRAVELS AND THERE'S A LOT OF ISSUES WHERE YOU HAVE THE LEVY THAT YOU GUYS ARE CONSIDERING AS A BARRIER WHERE IT AMPLIFIES THE NOISE BECAUSE LIKE YOU DO IN THE SHOWER, WHEN YOU SING, EVERYBODY SOUNDS GOOD BECAUSE THAT WATER AND, YOU KNOW, YOU KNOW, EVERYBODY KNOWS, RIGHT? SO, UH, YOU GUYS ARE USING THAT AS A BARRIER, BUT IT'S NOT, AND IT DOESN'T PROTECT US EITHER.

THERE'S NO PRIVACY, THERE'S NO, THERE'S NOTHING THERE IN PLACE THAT ALLOWS US TO BE ABLE TO LIVE IN OUR HOME PRIVATELY, PEACEFULLY.

UM, AND SO I'M JUST KIND OF CURIOUS ON WHETHER THE, UM, UH, THAT WILL BE SOMETHING THAT WILL BE IMPLEMENTED BECAUSE, UH, LAST NIGHT, THE DIS THE OFFICER TOLD US THAT HE COULD NOT MEASURE OUR DISCOMFORT AND HE, UM, COULD NOT MEASURE OUR PIECE, WHICH IS WHY HE COULDN'T ADDRESS IT.

SO, WHICH IS KIND OF ODD, BUT THIS IS THE COMMENTS THAT WE'RE GETTING.

AND SO IT'S, IT REALLY MAKES IT UNCOMFORTABLE FOR, FOR US AS WELL AS OUR NEIGHBORS, BUT PRIMARILY FOR US.

'CAUSE WE'RE THE ONES THAT ARE ADDRESSING IT.

SO, UM, I GUESS I'LL JUST ADD ON TO THAT WHENEVER YOU GUYS TOUCH ON THE, UM, THE AGENDA.

BUT I APPRECIATE YOU GUYS HAVING IT ON THE AGENDA TODAY.

AND MR. UH, EMERY, I APPRECIATE YOU TALKING TO US, UH, IN THE HOA MEETING.

IT WAS A PLEASURE OFFICIALLY MEETING YOU.

UH, BUT ANYWAYS, WE'LL TALK, WE'LL TALK LATER.

ALL RIGHT.

THANK YOU.

UH, I JUST WANT TO CLARIFY THAT WE'RE NOT HAVING A PUBLIC HEARING ON THIS.

OKAY, SIR, ITEM? YES, SIR.

SO THERE'S NO CONVERSATION THAT'S TAKING PLACE DURING THIS ITEM? THAT IS CORRECT, SIR.

CORRECT? YES, SIR.

OKAY.

SO I JUST WANNA MAKE SURE.

ANYBODY, ANYONE ELSE? UH, YES.

ONE MORE.

UH, NICHOLAS SIRE.

NICHOLAS SER.

I'M HERE REPRESENTING MYSELF.

I LIVE IN MISSOURI CITY AS A REGISTERED VOTER.

I HAD A LONGER SPEECH PREPARED, BUT I JUST WANNA MAKE ONE COMMENT.

UM, AT THE LAST CITY COUNCIL MEETING ON NOVEMBER 6TH, I ENCOURAGE KEY OFFICIALS WITH MISSOURI CITY GOVERNMENT TO BE PROACTIVE, BOOTS ON THE GROUND, AND GATHER INPUT FOR PROJECTS THAT NEED THE MOST ATTENTION.

I READ RECENTLY THAT THE CITY STARTED TO IMPLEMENT EFFORTS TO ISSUE A SURVEY TO A RANDOMIZED GROUP OF CONSTITUENTS.

CONSTITUENTS.

THIS IS GREAT NEWS.

AND I WANTED TO SAY THANK YOU, MR. MAYOR.

THAT CONCLUDES PUBLIC COMMENTS.

WHAT IS THIS COPY? YEAH, I GUESS THESE WAS GET, GET COPY

[5. CONSENT AGENDA]

ALL.

UM, ITEM NUMBER FIVE, OUR CONSENT AGENDAS.

IS THERE A MOTION? I SEE A MOTION BY COUNCIL MEMBER KLAUSER.

SECOND BY COUNCIL MEMBER BROWN MARSHALL.

UH, NO ANCE IN THE QUEUE.

LET'S GO AHEAD AND VOTE.

MEMBER KLAUSER.

THE MOTION PASSES UNANIMOUSLY.

OKAY, I RECOGNIZE.

AND COUNCIL CONST KLAUSNER, UM, DOES HE NEED TO INTRODUCE THE, DOES HE NEED TO INTRODUCE ITEM SIX?

[(a) Consideration and Possible Action - An ordinance of the City of Missouri City, Texas, authorizing the City Manager to establish an Employee Longevity Incentive Program in accordance with the Fiscal Year 2024 budget; providing for repeal; and providing for severability.]

ITEM SIX ARE ORDINANCES SIX A IN ORDINANCE OF THE CITY OF MISSOURI CITY, TEXAS, AUTHORIZING THE CITY MANAGER TO ESTABLISH AN EMPLOYEE LONGEVITY INCENTIVE PROGRAM IN ACCORDANCE WITH THE FISCAL YEAR 2024 BUDGET, PROVIDING FOR REPEAL AND PROVIDING FOR SEVERABILITY.

MAYOR, I WOULD LIKE TO, UM, GO INTO EXECUTIVE SESSION, UH, FOR LEGAL ADVICE.

OKAY.

THAT'S YOUR MOTION? YES.

IS THERE A SECOND? SECOND.

OKAY.

COUNCIL MEMBER, UH, RECOGNIZING COUNCIL MEMBER BONY, UH, I WAS GOING TO, WELL, NEVERMIND.

LET'S JUST GO AHEAD AND GO FORWARD.

I'LL SECOND.

OKAY.

SO WE HAVE A MOTION BY CONST MEMBER KLAUSER, SECOND BY CONST MEMBER RILEY.

SO HE'S IN THE QUEUE.

OH, OH, NO, I, I HEARD SECONDED BY CONST.

SHE, SHE, THAT IS CORRECT.

SHE DID A VERBAL.

OH, OKAY.

SO IT SAYS IN THE, UH, IN THE SYSTEM.

OKAY.

SO, RECOGNIZING, I MEAN, MOTION BY COUNCIL MEMBER KLAUSER, SECONDED BY COUNCIL MEMBER BONY, UH, THERE ARE NO OTHER QUESTIONS.

LET'S GO AHEAD AND VOTE.

OKAY.

MOTION CARRIES.

RIGHT.

SO WE'LL GO INTO EXECUTIVE SESSION AND

[00:10:01]

WE'LL BE OUT.

[(b) Consideration and Possible Action - First of two readings - An ordinance amending Chapter 2, Administration, of the Missouri City Code; amending regulations relating to standards of conduct for city officials.]

[00:16:32]

THE ITEMS ON THE BOARD, UH, THAT ARE CROSSED OUT IN RED ARE ITEMS THAT UPON FURTHER REVIEW HAVE BEEN TAKEN OUT.

UH, THOSE ITEMS REQUIRE THE, UM, PROCUREMENT OF AN INVESTIGATING ATTORNEY.

THEY REQUIRE THE SUBMISSION OF A, A, A PRELIMINARY REPORT PRIOR TO THE FIRST MEETING OF THE ETHICS COMMISSION.

WHAT THESE CHANGES DO ESSENTIALLY IS CUT DOWN ABOUT 60 DAYS FROM THE PROPOSED TIMELINE FOR THE CONSIDERATION OF AN ETHICS COMMISSION COMPLAINT.

SO, UM, AS YOU ALL CAN SEE, THIS IS THE PREVIOUS PROPOSED COMPLAINT TIMELINE.

UM, THE ADDITION OF THE PRELIMINARY MEETING, UM, ADDS AS WELL AS THE PROCUREMENT OF AN ATTORNEY ADDS, UH, SEVERAL DAYS TO THE PROCESS, ABOUT 60 DAYS TO THE PROCESS.

AND BY TAKING THOSE ITEMS OUT, THE ETHICS COMMISSION WOULD ESSENTIALLY CONSIDER OR LOOK AT A COMPLAINT ONCE IT'S FILED WITHIN THE FIRST 10 DAYS AFTER THEY RECEIVE NOTICE OF THAT COMPLAINT.

SO THAT CUTS SOME TIME DOWN ON THIS PROPOSED TIMELINE.

ADDITIONALLY, THEY WOULDN'T WAIT FOR A REPORT FROM, UH, COUNSEL.

THEY CAN, OF COURSE, RECEIVE LEGAL ADVICE AT ANY POINT DURING THE PROCESS.

BUT THEY WOULD DECIDE BASED ON THE INFORMATION PROVIDED BY THE COMPLAINANT, WHETHER THEY FEEL THAT THERE IS ENOUGH EVIDENCE BASED ON YOUR CODE TO MOVE FORWARD WITH A DETERMINATION HEARING OR A DISMISSAL UNDER THE REGULATIONS THAT ARE IN THE CODE.

UM, AS MENTIONED, THOSE ARE THE ONLY CHANGES, UH, TO THE PROPOSAL THAT HAVE BEEN MADE.

THE GREEN REPRESENTS ITEMS THAT HAVE BEEN ADDED.

UM, AND AGAIN, IT'S THAT, UH, PRELIMINARY MEETING AND MAKING THAT THE, THE TIME AT WHICH THE COMMISSION DECIDES WHETHER OR NOT THERE WILL BE A, A JURISDICTIONAL DETERMINATION DISMISSAL REFERRAL, UM, OR A HEARING.

UM, AND THEN THE REMOVAL OF THAT INVESTIGATING ATTORNEY PROCESS.

I'M HAPPY TO ANSWER ANY QUESTIONS.

THIS IS THE FIRST READING OF THIS ORDINANCE.

UH, IF YOU ALL WOULD LIKE TO MAKE OTHER CHANGES, PLEASE, YOU KNOW, LET ME KNOW.

BUT THIS DOES TAKE OUT ABOUT 60 DAYS FROM THE PROPOSED TIMELINE.

SO THERE'S, I SEE A MOTION BY COUNCIL MEMBER BONNEY, SECOND BY COUNCIL MEMBER MAR ABSENTEE, UH, SOME OF THE COUNCIL MEMBERS IN THE QUEUE.

SO LEMME START OFF WITH RECOGNIZING COUNCILMAN RAMONI.

THANK YOU, MAYOR.

I JUST WANTED TO, TO SAY THANK YOU E JOYCE AGAIN FOR, UH, YOU KNOW, WORKING WITH THE, UH, NEWLY MINTED, UH, ETHICS COMMISSION AND FOR WORKING THROUGH THESE CHANGES.

AND I'M VERY SUPPORTIVE OF ALL OF THESE, UH, AMENDMENTS TO THE CURRENT ORDINANCE, UH, INCLUDING THIS RECENT CHANGE, WHICH, LIKE YOU SAY, ELIMINATES ABOUT 60 DAYS.

UH, I KNOW MANY TIMES PEOPLE FILE THESE TYPES OF COMPLAINTS AND YOU HEAR COMPLAINTS THAT THEY HADN'T, UH, GOTTEN A RESPONSE OR FEEDBACK IN A CERTAIN TIMEFRAME.

AND I LOVE THE FACT THAT NOW IT REALLY GIVES THE POWER TO THE ETHICS COMMISSION, WHICH IS REALLY WHAT, YOU KNOW, THE INTENT OF THIS WAS TO BE, YOU KNOW, TO HAVE THIS THIRD PARTY ENTITY, UH, TAKE A LOOK AT THESE COMPLAINTS, UH, AND DETERMINE WHETHER THEY, UH, NEEDED TO MOVE FORWARD OR NOT.

UH, AND THAT'S THE POWER THAT WE'RE GIVING THEM, AND IT TAKES IT OUT OF OUR HANDS, UH,

[00:20:01]

COMPLETELY AND STAFF'S HANDS AND PUTS IT IN THIS HANDS, PUTS IT IN THE HANDS OF THESE PEOPLE THAT HAVE BEEN APPOINTED TO DO THIS, THIS WORK.

SO, THANK YOU AGAIN FOR YOUR WORK, AND, AND I'M LOOKING FORWARD TO SEEING THINGS, YOU KNOW, MORE IMPROVED AND, AND MORE EFFICIENT.

THANK YOU.

THANK YOU.

RECOGNIZING COUNCIL MEMBER EMERY.

UH, YES.

ONE OF THE THINGS, UH, THAT I HAD A QUESTION ON IS, UH, OTHER THAN, UH, THE CITY SECRETARY, UH, LOOKING AT A, AN ETHICS COMPLAINT THAT COMES IN AND REALIZE ADMINISTRATIVELY IT'S INCOMPLETE MM-HMM.

AND TAKES SOME ACTION, I GUESS, TO GET BACK WITH WHOEVER PRESENTED THE, UH, THE COMPLAINT ARE.

IS THERE ANY OTHER TIME WHERE A, WHERE THE, UH, COUNCIL, I SHOULDN'T SAY THE COUNCIL, THE, UM, ETHICS COMMITTEE WOULD NOT SEE A COMPLAINT FILED BY A CITIZEN? SO, UNDER THE PROPOSAL, NO.

PROVIDED THAT A COMPLAINT IS COMPLETE, THEN THE CITY SECRETARY'S OFFICE WOULD FORWARD IT TO THE COMMISSION.

UH, THE CITY ATTORNEY'S OFFICE AND A FEW OTHER FOLKS, THE COMPLAINANT LET THEM KNOW THAT THE, UH, APPLICATION IS COMPLETE.

UH, BUT NO, THEY, THE, THERE WOULDN'T BE ANOTHER SITUATION, WHICH THE COMMISSION WOULD NOT SEE THAT COMPLAINT.

OKAY.

UNDER THE CURRENT, UM, ORDINANCE, THE ETHICS COMMISSION, STILL, THEY STILL SEE ALL OF THE COMPLAINTS, UH, WHETHER THEY'RE COMPLETE OR NOT.

THEY SEE THEM NOW.

SO AGAIN, THERE'S, THERE'S NEVER A SITUATION WHERE ETHICS COMPLAINT IS LODGED BY A CITIZEN THAT DOESN'T GET THE, UH, ATTENTION AND A REVIEW BY THE ETHICS COMMISSION.

NO, NOT UNDER THE CURRENT ORDINANCE, BUT UNDER THIS PROPOSED ORDINANCE.

AGAIN, IF THAT COMPLAINT IS INCOMPLETE, THEN THEY WOULD GET NOTICE THAT IT'S INCOMPLETE.

THAT'S, THAT'S FOR ADMINISTRATIVE PURPOSE.

FOR ADMINISTRATIVE PURPOSES, YES, SIR.

SO FILL, FILL IN THE BLANKS.

TECHNICAL, YEAH.

THE PROBLEM WOULD BE CORRECTED AND THEN IT WOULD COME BACK AND IT WOULD CORRECT.

THEN GO TO THE ETHICS COMMISSION.

EXACTLY.

SO AGAIN, THERE'S NO SITUATION WHERE WE'RE IGNORING CITIZENS' ETHICS COMPLAINTS.

THAT IS CORRECT.

OKAY.

THANK.

ALL RIGHT.

THANK YOU.

UH, MOTION BY CONS, MEMBER NEY.

SECOND BY CONST MEMBER.

SEEING NO ONE ELSE ON THE QUEUE.

LET'S GO AHEAD AND VOTE.

MEMBER EMORY.

EMORY.

THE MOTION CARRIES UNANIMOUSLY.

ALRIGHT, THANK YOU.

ITEM

[(c) Consideration and Possible Action - First of Two Readings - An ordinance amending Chapter 30, Environment, of the Missouri City Code; amending regulations regarding noise; providing for repeal; providing a penalty; and providing for severability.]

SIX C, IF YOU ALL DON'T MIND ME READING THE CAPTION FROM THIS.

YEAH, GO, GO, GO, GO.

THANK YOU.

PLEASE.

AN ORDINANCE OF THE CITY OF MISSOURI CITY AMENDING CHAPTER 30, ENVIRONMENT OF THE MISSOURI CITY CODE AMENDING REGULATIONS REGARDING NOISE, PROVIDING FOR REPEAL, PROVIDING A PENALTY, AND PROVIDING FOR SEVERABILITY.

OKAY.

PRESENTATION.

JUST YOU HAVE A PRESENTATION? YES, SIR.

SO THIS PROPOSED ORDINANCE, THIS PROPOSED ORDINANCE, UH, ESSENTIALLY ESTABLISHES A DAYTIME SOUND LIMITATIONS OF 75 DECIBELS AND A NIGHTTIME SOUND LIMITATION OF 65 DECIBELS OR FIVE DECIBELS OVER THE AMBIENT.

I DID RECEIVE A REQUEST PRIOR TO THE MEETING THAT'S BEFORE YOU, THAT CHANGES THE, THE TIMEFRAMES, UH, FOR THE DECIBEL REQUIREMENTS FOR DAYTIME AND NIGHTTIME.

UH, IT SIMPLY AMENDS THE PROPOSED ORDINANCE TO ALLOW THE 75 DECIBELS UP TO, UH, 10:00 PM ON CERTAIN DAYS OF THE WEEK.

AND IT ALSO ALLOWS THE, UH, THE 75 DECIBELS UP TO, UH, MIDNIGHT ON FRIDAYS AND SATURDAYS TO ALLOW CERTAIN BUSINESSES AND ESTABLISHMENTS THAT HAVE, UM, KIND OF PLACES OF ASSEMBLY TYPE OF VENUES TO PROVIDE THEM WITH MORE, UH, TIME WITH THE HIGHER DECIBEL LIMIT.

OKAY.

I'M HAPPY TO ANSWER ANY QUESTION YOU HAVE.

I'VE INCLUDED A SLIDE THAT JUST GIVES YOU AN IDEA OF WHAT 75 DECIBELS IS.

UH, YOU CAN SEE FROM THE SLIDE JUST AS EXAMPLES OF WHAT THAT MAY SOUND LIKE.

UH, 80 DECIBELS IS THE SOUND OF A GARBAGE DISPOSAL AT THREE FEET.

SO YOU CAN KIND OF GET AN IDEA, UH, AS TO WHAT 70, UH, FIVE DECIBELS SOUNDS LIKE.

OKAY.

THANK YOU.

RECOGNIZING, UH, CONST MEMBER EMERY.

YEAH.

QUESTION.

I HAD, UH, ON THE CHANGE TO THE, UH, THE TIMES, YES.

UH, WHERE CERTAIN LEVELS OF DECIBELS WERE, UH, UH, UH, ACCEPTABLE.

UH, ANY, CAN YOU, AND, AND THAT WAS, THOSE WERE JUST FOR SATURDAY AND

[00:25:01]

SUNDAYS.

SO THOSE WERE JUST FOR FRIDAYS AND SATURDAYS.

FRIDAYS AND SATURDAYS, YES.

OKAY.

AND THERE WERE WERE WHAT? SO THE, UM, ACTUALLY THE CHANGE WAS FOR FRIDAYS AND SATURDAYS AT 75 UP TO MIDNIGHT, AND THEN ON, UH, THE REST OF THE WEEK UP TO 10:00 PM UH, AT 75 DECIBEL.

SO THERE WERE KIND OF TWO PRIMARY CHANGES.

OKAY.

THE QUESTION I HAD WAS, UH, WAS THERE ANY CONSIDERATION TO MAYBE MAKING THE CHANGE OF ON THE TIMEFRAMES? UH, LIKE, UH, FROM, UH, SEVEN, UH, 7:00 AM TO 6:00 PM FOR 75 DECIBELS AND FOR CHANGE, UH, FROM, IT WAS FROM 8:00 PM TO 6 59, GO FROM 6:00 PM TO 7:00 AM AT 65 DECIBELS.

OH.

TO MAKE IT, UM, SO THAT'S THE OPPOSITE OF WHAT WAS REQUESTED FOR THE PROPOSED AMENDMENT.

BUT YOU ALL CAN CERTAINLY HAVE THAT DISCUSSION AND DECIDE HOW YOU WOULD LIKE TO, UH, MOVE FORWARD OR NOT ON THE, WHAT I WAS ATTEMPTING TO DO IS JUST EXPAND THE TIMEFRAMES WHEN WE WOULD DO THE, THE MEASURING AND TO, UH, PROVIDE ADDITIONAL, UH, UH, ADDITIONAL TIME FOR, UH, THE, UH, EARLIER AND THE, UH, THE, THE LADDER, UH, TIMEFRAME.

WAIT, WAIT, WAIT, WAIT, WAIT.

WELL, RIGHT NOW AS I UNDERSTAND IT, UH, WE GO FROM 7:00 AM TO 7:59 PM BUT THE PROPOSAL WOULD EXTEND THAT TO, TO 10:00 PM I'M SORRY.

THE PROPOSED AMENDMENT WOULD EXTEND THAT TO 10:00 PM SO IT WOULD ACTUALLY DO THE OPPOSITE.

IT WOULD GO IN THE OPPOSITE DIRECTION OF WHAT YOU'RE PROPOSING.

OKAY.

BUT YOU ALL CAN CERTAINLY HAVE THAT DISCUSSION AND DETERMINE NO, I'M JUST, I'M, I'M JUST TRYING TO GET AN UNDERSTANDING OF, AND IT LOOK LIKE, IT LOOKS LIKE WE BROKE OUT FRIDAY AND SATURDAY AS SOME MM-HMM.

, UH, SOME ADDITIONAL, UH, TIMEFRAME.

SO THEY WOULD GET IT TIMEFRAMES.

YES, SIR.

SO THEY WOULD, UH, HAVE ADDITIONAL TIME ON FRIDAYS AND SATURDAYS UP TO MIDNIGHT AT 75 DECIBELS.

OKAY.

YOU'RE DONE.

OR YOU HAVE MORE? UH, I JUST HAD A QUESTION IN THE ORDINANCE, UH, DEFINE THE PROPERTY LINE, IF YOU WILL.

IS THAT THE PROPERTY LINE OF THE COMPLAINANT? IT'S THE, OR IS IT ON THE, IT'S THE PROPERTY LINE FROM WHICH THE NOISE IS BEING EMITTED.

SO FOR EXAMPLE, YOU HAVE, UM, EVERY PIECE OF PROPERTY IS OR SHOULD BE DELINEATED ON A PLAT.

MM-HMM.

.

SO THERE'S A PROPERTY LINE WHERE THE NOISE IS COMING FROM.

I HATE TO USE, UH, IT USE EQUIPMENT HERE AS A PROP, BUT LET'S SAY THIS IS THE, UM, BUILDING FROM WHICH THE NOISE IS COMING FROM.

MM-HMM.

.

AND THIS LINE IS THE PROPERTY LINE.

UH, WHEN MEASURED FROM ANY POINT OF THE PROPERTY LINE, THE CITY'S ORDINANCE WOULD APPLY.

SO, FOR EXAMPLE, IF A PERSON WAS STANDING HERE AND IT WAS AFTER HOURS, THEY COULD NOT HAVE A DECIBEL READING HIGHER THAN 65.

SO IT'S THE PROPERTY LINE ON WHICH THE NOISEMAKER IS LOCATED.

OKAY.

UH, I, I, IS THE, UH, ORDINANCE ALSO TAKE INTO CONSIDERATION RESIDENTIAL, UH, NOISES COMING FROM RESIDENCE WHERE, UH, VIOLATE WHERE, UH, CORRECT.

SO IT APPLIES TO, TO NOISES ACROSS THE BOARD.

IF, UH, IF A, LET'S SAY SOMEONE WERE HAVING, UH, SOMEONE WAS HAVING A HOUSE PARTY, UH, AND THEY WERE EMITTING NOISE LOUDER THAN 75 DECIBELS DURING THE DAY, THEN THEY COULD BE CITED FOR VIOLATING THE NOISE.

OKAY.

SO WE'RE USING THE SAME MEASUREMENTS IN THE SAME TIMEFRAMES, CORRECT.

FOR RESIDENTIAL AS WE ARE FOR, CORRECT.

FOR COMMERCIAL.

CORRECT.

OKAY.

IT'S JUST BASED ON, UM, TIMEFRAME.

OKAY.

UH, I, THAT'S, THOSE ARE MY QUESTIONS.

THANK YOU.

ALRIGHT.

RECOGNIZING CONSTABLE MURLI E JOYCE, IS THERE A LIMIT OF HOW MANY VIOLATIONS AN ESTABLISHMENT CAN HAVE? SO LET'S SAY, YOU KNOW, I THINK WE MENTIONED EARLIER, SOME PEOPLE WOULD RATHER JUST PAY THE FINE AND KEEP GOING.

SO IS THERE A LIMITATION ON HOW MANY VIOLATIONS THE BUSINESS COULD, THERE'S NOT.

EACH VIOLATION IS A SEPARATE VIOLATION UNDER THE CITY'S CODE.

OKAY.

SO AN ESTABLISHMENT COULD BE CITED EVERY DAY, UM, POSSIBLY MULTIPLE TIMES A DAY IF THERE ARE MULTIPLE INFRACTIONS.

OKAY.

UM, DO THE, THE COURT, THE CITY WOULD JUST HAVE TO PROVE UP EACH VIOLATION.

SURE.

DUE THE DECT METERS HAVE TO BE

[00:30:01]

CALAB CALIBRATED AND CERTIFIED ANNUALLY.

DO WE KNOW? SO IT DEPENDS ON THE EQUIPMENT THAT'S PURCHASED.

DIFFERENT, UM, DECIBEL READERS HAVE, UH, DIFFERENT TYPES OF CALIBRATION REQUIREMENTS.

I BELIEVE.

I, I DON'T THINK THAT ANYTHING HAS BEEN PURCHASED YET.

I KNOW THE CHIEF, UH, UH, POLICE HAS PURCHASED, UH, THE DEPARTMENT HAS PURCHASED AT LEAST ONE TO KIND OF, UH, WORK WITH THAT TO SEE HOW THAT, UH, IS BEING, OR CAN BE USED.

BUT IT JUST DEPENDS ON THE EQUIPMENT.

AND THEN PROBABLY A CHIEF QUESTION, BUT IS THERE TRAINING INVOLVED TO MAKE SURE YOU UNDERSTAND THE DATA AND ALL THAT GOOD STUFF SO THAT THERE'S ACCURACY ACROSS THE ENTIRE FORCE? YES.

THAT DID COME UP, UP IN OUR DISCUSSIONS.

AND BACK TO THE, UM, THE, UH, CALIBRATION, JUST TO ANSWER YOUR QUESTION, UH, THE ONE WE BOUGHT SELF CALIBRATES, WHEN YOU TURN IT ON, EACH TIME YOU TURN IT ON ITSELF, CALIBRATES.

AND, AND I'VE ASKED IT, WHO'S GONNA PURCHASE THESE TO GET ONES THAT SELF CALIBRATE OKAY.

TO MAKE THEM AS EASY AS POSSIBLE TO USE.

AND OUR TRAINING, UM, THERE'S YOUTUBE TRAINING OUT THERE FOR THE DIFFERENT BRANDS YOU BUY.

UH, WE CAN READ, HAVE THE OFFICERS READ THE OWNER'S MANUAL.

SO WE'RE GONNA MAKE SURE EVERYBODY KNOWS HOW TO USE THESE.

'CAUSE THAT'S GONNA BE, UH, INSTRUMENTAL IF ANY OF THESE GO TO COURT.

OKAY.

THANK YOU, CHIEF.

ALRIGHT.

YOU DONE RECOGNIZING COUNCILMAN BROWN? MARSHALL? OKAY.

THANK YOU.

E JOYCE, I JUST HAD A QUICK QUESTION.

WHERE DID YOU FIND THESE PARTICULAR, UH, READINGS THAT YOU'RE SHARING WITH US ON THE SCREEN? THESE READINGS I GOT FROM A, OR A COUNTY OUT OF CALIFORNIA THAT HAD DONE, UM, OR KIND OF PROCURED A STUDY FOR THEIR SOUND ORDINANCE.

MM-HMM.

, I, I CANNOT REMEMBER IF IT WAS SAN FRANCISCO OR WHAT THE COUNTY WAS, BUT IT WAS, UH, OUT OF CALIFORNIA.

BUT IN A SEARCH, THESE ARE, THESE ARE PRETTY TYPICAL.

SO I, I DID, I DID MY OWN SEARCH JUST TO KIND OF SEE, AND THE DECIBEL READINGS, THEY'RE, THEY'RE JUST ALL OVER THE PLACE FROM ONE SEARCH TO ANOTHER SEARCH.

SO I DON'T KNOW IF THE GOAL HERE IS TO, FOR US TO BE ABLE TO MEASURE NOISE AND TO DETERMINE IF THE NOISE IS TOO LOUD, IF THAT'S THE ULTIMATE GOAL, OR IS THE GOAL TO TOTALLY ALLEVIATE NOISE? SO THE GOAL HERE IS TO MEASURE, UH, NOISE AT A CERTAIN POINT TO DETERMINE WHETHER OR NOT THAT NOISE IS EXCESSIVE PURSUANT TO THE STANDARDS THAT YOU ALL SET BY THIS POLICY.

AND SO BY ESTABLISHING SPECIFIC, UH, NUMBERS SPECIFIC DECIBELS, THAT MIGHT MAKE IT EASIER FOR THE TEAM TO ACTUALLY, UM, TO KIND OF HAVE AN OBJECTIVE MEASURE ON WHICH THEY CAN LEAN ON.

IF THEY HAVE A DECIBEL READER, THEY WOULD BE ABLE TO GO TO THE A PROPERTY, UM, ON WHICH, FROM WHICH THERE'S A NOISE COMPLAINT, THEY WOULD BE ABLE TO MEASURE WHAT THAT READING IS OF THE NOISE AND THEY WOULD BE ABLE TO EITHER CITE OR NOT, DEPENDING ON THIS, UH, POLICY THAT YOU ALL ARE SETTING.

AND, AND I, AND I JUST CAN'T REMEMBER, DO WE CURRENTLY OWN A DECIBEL READER? SO I KNOW THE POLICE DEPARTMENT HAS PURCHASED ONE JUST TO KIND OF TRY IT OUT.

MM-HMM.

.

UH, BUT OTHER THAN THAT, NO.

THE CITY DOES NOT OWN DECIBEL READERS.

SO THIS WOULD REQUIRE THE PURCHASE OF DECIBEL READERS.

SO DO WE HAVE ANY TEST NUMBERS THAT HAVE COME BACK FROM ANY TYPE OF NOISE READING IN PARTICULAR INVOLVING THE COMPLAINANTS THAT WE HAVE BEEN RECEIVING? CAN YOU TELL US WHAT THOSE NUMBERS HAVE BEEN? SO WHEN WE, THE REASON WE EVEN BOUGHT THESE DECAL METERS IS BECAUSE THE CURRENT COMPLAINT WE'RE WORKING ON, UM, WE WENT OUT, I WENT OUT PERSONALLY DURING THE DAY AND GOT THE AMBIENT LEVEL FOR STANDING BEHIND BEES WINE BAR.

AND IT FLUCTUATES A LITTLE BIT.

IT'S JUST NOT A STEADY NUMBER, BUT IT FLUCTUATES BETWEEN 58 AND 63 DURING THE DAY.

UM, I HAD OUR SUPERVISORS GO OUT AT NIGHT, UH, AND DO THE SAME THING JUST TO GET A READING.

AND THAT'S KIND OF HOW WE CAME UP WITH THESE NUMBERS.

AND IT'S, IT'S A, IT'S ABOUT THE SAME.

UM, IF YOU GET OFF TO THE SIDE OF BEES WINE BAR, YOU'RE KIND OF PICKING UP THE HIGHWAY SIX NOISE, WHICH RAISES IT.

BUT IF YOU GET BEHIND IT, YOU'RE ONLY PICKING UP THE SOUND FROM THE, UM, THE STATUS, NOT THE HIGHWAY SIX NOISE.

AND THAT, AND THAT READING IS ABOUT AT THE 73 MARK.

OH, NO MA'AM.

IT'S, UH, BETWEEN DURING THE DAY WHEN I WENT OUT THERE, OH NO.

IT FLUCTUATES BETWEEN 58 AND 63 AND AT NIGHT IT, IT'S ABOUT THE SAME.

ABOUT THE SAME.

IT'S NOT THAT DIFFERENT.

AND, AND IT DEPENDS ON THE DISTANCE, THE TYPE OF CAR DRIVING BY.

UM, THERE, THERE'S SO MANY FACTORS, BUT IT'S PRETTY STEADY.

I, I, I THINK I, I DEFINITELY GET WHAT YOU'RE SAYING WITH THE FACTORS, BECAUSE IN LOOKING AT MOST OF THE DB CHARTS THAT I'VE LOOKED AT IT, I MEAN, FROM 20 DBS, THAT COULD BE A TICKING WATCH.

AND THAT GOES ALL THE WAY UP THROUGH, IF WE'RE SAYING 75.

SO YOU COULD

[00:35:01]

PICK UP EVERYTHING BETWEEN A TICKING WATCH ALL THE WAY UP THROUGH CARS MOVING IN THAT RANGE.

SO I GUESS, SO 75 IS THE NUMBER THAT, THAT WE'VE LANDED ON.

OKAY.

RECOGNIZING COUNCILMAN MOR.

THANK YOU.

SO THE 70, UM, JUST SO I UNDERSTAND THIS CORRECTLY, WHEN WE'RE SAYING 65 DECIMALS VERSUS 75, WHICH NOISE IS LOUDER? 75.

75? YES, MA'AM.

OKAY.

BECAUSE I WAS LOOKING AT THE, THE VACUUM CLEANER AT 10 FEET AWAY VERSUS THE GARBAGE DISPOSAL AT THREE FEET VERSUS A NORMAL CONVERSATION.

UM, THAT WAS A LITTLE BIT CONFUSING.

CONFUSING TO UNDERSTAND THE DIFFERENT LEVELS.

AND TO THE POINT COUNCILMAN BROWN MARSHALL MENTIONED THAT SEEMED TO BE AWFULLY LOW, THE 65, UM, DURING THE DAYTIME, BECAUSE PEOPLE ARE COMING HOME, THERE'S A LOT OF THINGS GOING ON.

UM, I KNOW MY KIDS ARE, ARE SUPER LOUD.

I HAVE A HOUSE FULL OF KIDS.

AND SO 65 DECIMALS FROM 7:00 AM TO 8:00 PM OR 7:59 PM SO IT'S 65 AT NIGHT.

SO IT WOULD BE 65 IF THE AMENDMENT IS PROPOSED, UM, AND PASSES, IT WOULD BE FROM 10:00 PM TO, UH, 6:00 AM OR 7:00 AM.

UH, BUT THE 65 IS A NIGHTTIME, SO BASICALLY AN EVENING MEASUREMENT.

THE 75, WHICH IS THE LOUDER MEASUREMENT, WOULD BE DURING THE DAY.

DURING THE DAYTIME.

YES, MA'AM.

OKAY.

SO THE PROPOSED AMENDMENT IS 75 DECIMALS FROM 7:00 AM TO 9:59 PM ON SUNDAY THROUGH THURSDAY, AND THEN 75 DECIMAL POINTS FROM 7:00 AM TO MIDNIGHT ON FRIDAYS AND SATURDAYS.

YES.

AND THAT'S TO, TO A LOT FOR NOT JUST COMMERCIAL, NOT JUST THIS, WE'RE NOT DOING THIS JUST FOR ONE BUSINESS, RIGHT? THIS IS ACROSS THE CITY.

THIS IS PEOPLE HAVING BIRTHDAY PARTIES, UH, FAMILY REUNIONS, OR JUST GET TOGETHERS AT THEIR HOME OR AT, YOU KNOW, GATHERINGS IN CUL-DE-SACS OR, YOU KNOW, MEETING AT ONE OF THE RESTAURANTS THAT MAY HAVE A OUTDOOR PATIO.

THIS, THIS DOESN'T JUST IMPACT ONE BUSINESS OR ONE RESIDENT, ONE RESIDENT.

THIS IMPACTS EVERYBODY ACROSS THE ENTIRE CITY.

UM, SO I JUST WANT THAT TO BE CLEAR, WE'RE NOT DOING THIS, YOU KNOW, TO, UH, CONSIDER ONE, ONE BUSINESS AND ONE RESIDENT.

THIS IS SOMETHING HOLISTIC THAT WE'RE LOOKING AT TO REVISE AND ADDRESS.

UM, I JUST, UM, THAT WAS MY OTHER, MY OTHER QUESTION WAS, UM, WITH THE CHANGE, IF COUNCIL MOVES FORWARD TO CHANGE THIS, WHEN DOES THIS GO INTO EFFECT? SO IF COUNCIL, UH, VOTES TO, TO MAKE THIS CHANGE, THE SECOND READING WOULD BE ON DECEMBER 4TH.

UM, I DO RECOMMEND AN EDUCATIONAL PERIOD SO THAT BUSINESS BUSINESSES CAN BE NOTIFIED ABOUT THIS CHANGE, UH, IN PARTICULAR.

UH, SO THAT COULD BE FROM DECEMBER 5TH THROUGH DECEMBER 31ST.

AND THEN ON JANUARY 1ST, THE CITY COULD BE BEGIN ENFORCEMENT THAT WOULD ALSO GIVE STAFF TIME TO ORDER, UH, EQUIPMENT SO THAT THEY'RE ABLE TO ENFORCE THIS, UH, PROPOSED ORDINANCE.

OKAY.

THANK YOU.

RECOGNIZING COUNCIL MEMBER BONY.

THANK YOU, MAYOR.

I, I WANNA CONCUR WITH, UH, COUNCILWOMAN RILEY IN THAT, UH, YOU KNOW, I DON'T EVER WANT US TO, UH, HAVE REACTIONARY ORDINANCES OR AMENDMENTS THAT SEEMINGLY TARGET, UH, INDIVIDUALS OR BUSINESSES.

AND IN THIS PARTICULAR INSTANCE, IT SEEMS AS IF THIS IS KIND OF BUBBLED UP BECAUSE OF WHAT WE'VE BEEN HEARING HERE RECENTLY.

UH, BUT IT IS GOING TO BE A CITYWIDE, UM, ORDINANCE, AMENDMENT CHANGE, NOT JUST A, UH, WHAT WE'VE BEEN HEARING WITH ONE RESPECTIVE BUSINESS OR SEVERAL HOMEOWNERS THAT HAVE COME BEFORE US.

WITH THAT BEING SAID, I WANTED TO ASK, YOU KNOW, THERE'S BEEN A LOT OF DISCUSSION ABOUT THE NOISE AT, UH, AS WAS MENTIONED TODAY IN PUBLIC COMMENTS AT ONE PARTICULAR BUSINESS.

AND I THINK THAT, UH, I HAVE SOME CONCERNS BECAUSE THAT BUSINESS, UH, THIS AMENDMENT WAS NOT IN PLACE, OR THOSE ASPECTS WERE NOT IN PLACE.

WHEN THEY SIGNED A LEASE TO MOVE TO THAT LOCATION, THERE WAS NOTHING IN PLACE.

AND SO THERE WAS NOTHING THAT THEY WERE AWARE OF THAT WOULD HAVE GIVEN THEM ANY INDICATION THAT THIS WOULD BE A CHALLENGE OR A PROBLEM FOR THE COMMUNITY, FOR THE RESIDENTS.

AND SO I DON'T BELIEVE IT'S FAIR TO ANY INDIVIDUAL OR BUSINESS TO BE SUBJECTED TO, YOU KNOW, TO

[00:40:01]

ORDINANCES OR TO PUBLIC POLICY THAT SEEMS LIKE IT'S ONLY BEING PUT INTO PLACE BECAUSE OF THEM OR BECAUSE OF THAT SITUATION.

SO I'M VERY, UH, YOU KNOW, CONCERNED IF WE TRY TO, UH, PUT SOMETHING IN PLACE.

HAVE WE LOOKED AT, YOU KNOW, THE NOISE IN THAT AREA? HAVE WE MEASURED IT? UH, HAVE WE, UH, COME UP WITH A PARTICULAR, IS IT, DO, DO THESE, DOES THIS 65 AND 75, IF THOSE HOURS FIT, UM, WHERE THIS INDIVIDUAL WOULD CONTINUOUSLY BE FINED BECAUSE OF THIS AMENDMENT CHANGE? I, THESE ARE QUESTIONS THAT I NEED ANSWERS TO BECAUSE I DON'T WANT TO BE, UM, RESPONSIBLE FOR, AGAIN, SEEMINGLY TARGETING ONE PARTICULAR ENTITY.

TO BE PERFECTLY HONEST WITH YOU, THE AMBIT NOISE THAT WE MEASURED WAS ONLY THAT PARTICULAR, UM, CENTER.

WE WENT UP AND DOWN THE ENTIRE CENTER, BUT WE DID NOT GO FURTHER DOWN HIGHWAY SIX OR OFF OF, UH, CARTRIGHT OR TEXAS PARKWAY.

SO BETWEEN THE, THE AREAS BETWEEN THE RESIDENTS AND, AND THAT ESTABLISHMENT, WAS THERE ANY MEASUREMENT LIKE GOING UP TO THE LEVY OR, I JUST WANT TO KIND OF HAVE A BETTER UNDERSTANDING BECAUSE WE WERE, AGAIN, THIS, I, I FEEL AS IF WE'RE MAKING, OR THIS IS BEING PRESENTED FOR, UH, A VOTE TO ME BECAUSE OF THIS INS THIS INCIDENT OR THIS PARTICULAR SITUATION.

AND I DON'T WANT TO, 'CAUSE YOU MENTIONED BIRTHDAY PARTIES.

I KNOW PEOPLE HAVE HOUSE PARTIES AND THEY, THEIR MUSIC IS EXTREMELY LOUD.

AND I DON'T SEE ANY POLICE, UH, COMING OVER THERE ALL ON A REGULAR BASIS, , YOU KNOW, UH, SO I JUST, JUST DON'T WANT TO BE, UH, RESPONSIBLE FOR AMENDING SOMETHING AND, AND PUTTING SOMETHING IN, IN INTO PLACE TO SEEMINGLY JUST ADDRESS ONE.

RIGHT.

I UNDERSTAND.

AND, AND LIKE I SAID, WE, WE TOOK THE MEASUREMENTS FROM THE PERIMETER OF THE AREA UP AND DOWN THAT STRIP CENTER.

UM, BUT SOMETHING YOU SAID EARLIER AND, AND I JUST KINDA WANNA PUT YOUR MIND AT EASE IF I CAN.

I'VE BEEN WITH THE CITY FOR 28 YEARS AND 10 OF THOSE YEARS I SPENT ON NIGHTS AND TOOK THESE CALLS FOR SERVICE MANY, MANY TIMES.

AND SOMETHING NEEDS TO BE CHANGED.

THE ORDINANCE NEEDS TO BE CHANGED 'CAUSE IT'S TOO SUBJECTIVE.

AND I'VE BEEN DEALING WITH IT FOR 28 YEARS IN THE CITY.

AND, AND WHETHER YOU APPROVE IT OR NOT, WE NEED SOMETHING EASIER FOR THE OFFICERS TO DETERMINE WHETHER OR NOT IS A VIOLATION OF THE ORDINANCE.

SO I COME WITH YOU THAT I HAVE A HISTORY HERE.

I'VE BEEN TO COUNTLESS NOISE SERVICE CALLS, UH, I COULDN'T EVEN TELL YOU.

AND WE ANSWER THE SAME QUESTIONS ALL THE TIME.

WELL, IT'S NOT LOUD TO ME.

THE COMPLAINANTS WHO'S BEEN MAKING THE NOISE, IT'S NOT LOUD TO ME.

WELL, YOUR NEIGHBOR DOES THINK IT'S LOUD AND THE OFFICERS ARE IN THE MIDDLE.

I JUST, I JUST LAST WANNA SAY THESE FINAL TWO THINGS.

I JUST WANNA MAKE SURE WE'RE, WE'RE TREATING EVERYONE FAIRLY ACROSS THE BOARD AND WE'RE NOT JUST SINGLING OUT, UH, PICKING WINNER AND LOSERS.

I'M JUST, I'M JUST, AND THIS PROPOSED ORDINANCE IS NOT INTENDED TO ADDRESS ANY SPECIFIC INSTANCE.

IT'S REALLY TO ADDRESS THE CITY'S NOISE ORDINANCE FROM A POLICY PERSPECTIVE FOR ALL, UH, LOCATIONS WITHIN THE CITY.

SO IT'S NOT TO SPECIFICALLY ADDRESS ONE ITEM.

AND THEN LASTLY, I JUST WANNA SAY, YOU KNOW, I BELIEVE, UH, FROM WHAT I HEAR AND KNOW THAT OFFICER SANTOS IS A GREAT OFFICER, AND YOU KNOW, TO HEAR THOSE TYPE OF REMARKS ABOUT ONE OF OUR GOOD, UH, MISSOURI CITY, UH, POLICE OFFICERS, I JUST WANT TO PUT ON RECORD THAT, YOU KNOW, HAVING A NOISE COMPLAINT, UH, DOES NOT EQUATE HAVING POOR OFFICERS OF POOR STAFF.

SO I JUST WANNA PUT THAT ON THE RECORD.

THANK YOU.

ALRIGHT, THANK YOU EJS.

I DO HAVE A COUPLE OF QUESTIONS.

YES.

UH, DO WE HAVE AN ORDINANCE IN PLACE TODAY OR NOT? YES, WE DO.

WE DO HAVE IT, YES.

SO WHAT MADE YOU PUT THE, WHY IS THIS COMING BEFORE COUNCIL TODAY? SO THIS IS COMING BEFORE COUNCIL BECAUSE I RECEIVED REQUESTS FROM COUNCIL MEMBERS TO LOOK AT THE EXISTING ORDINANCE IN ORDER TO MAKE IT MORE, UH, MEASURABLE FOR OUR OFFICERS.

SO, SO THAT'S WHY YOU'RE PUTTING THIS FORTH TOGETHER.

CORRECT.

OKAY.

SO WHAT THE, THIS, THIS IS NOT PARTICULAR TO A BUSINESS.

THIS IS ACROSS THE CITY.

THIS IS, THIS WOULD APPLY ACROSS THE CITY.

YES, SIR.

SO HAVE WE HAD HOW MANY COMPLAINTS OF NOISE ISSUES THAT WE HAVE HAD FOR THIS IN ORDER FOR TO RECONSIDER THIS? I DON'T KNOW THE EXACT NUMBER.

WHO WOULD KNOW THAT OF NOISE COMPLAINTS? WE COULD CERTAINLY LOOK AT RESEARCH THAT AND PROVIDE IT TO YOU ON SECOND READING.

MY QUESTION WAS, YES.

I'LL REPEAT IT AGAIN.

HOW MANY COMPLAINTS HAVE WE RECEIVED ABOUT NOISES IN ORDER FOR US TO BRING THIS ON TODAY? SO IN ORDER FOR A COUNCIL MEMBER TO REQUEST AN ORDINANCE, THERE'S NOT A, I'M NOT ASKING THRESHOLD ASKING YOU IF COUNCIL MEMBER DID, HOW MANY COMPLAINTS DO WE HAVE TODAY AGAINST RESIDENTS OR BUSINESSES

[00:45:01]

THAT ARE ALLOCATED FOR THIS CHANGE IN THIS ORDINANCE? IS WHAT I'M ASKING.

THAT I DON'T KNOW.

OKAY.

NO, BUT I CAN CERTAINLY PROVIDE THAT TO YOU AT THE NEXT READING.

OKAY.

YOU CAN INCLUDE THAT.

SO WITHOUT KNOWING THAT, I CAN'T MAKE A DECISION AS TO WHAT WE'RE TALKING ABOUT.

IS THIS 20 COMPLAINTS? IS IT 50 COMPLAINTS? IS IT RESIDENTIAL? IS IT BUSINESS? WHAT, WHERE IS THIS GOING? OKAY.

UM, SO THE NOISE COMPLAINTS I'M AWARE OF RELATE TO COMMERCIAL.

IT'S RELATED TO COMMERCIAL, YES.

OKAY.

THEN I DO HAVE A QUESTION FOR CITY MANAGER, IF I MAY, WITH DEVELOPMENT SERVICES.

UH, THANK YOU, UM, JENNIFER.

SO AS THE CITY ATTORNEY SAID, UH, COMMERCIALS, UH, OF ALL THE COMMERCIALS THAT WE PRETTY MUCH HAVE IN THE CITY MM-HMM.

, UM, ARE THEY ALL IN OR ARE THEY ALL SITUATED IN A PROPER, PROPER ZONING? SAY IT ONE MORE TIME.

ARE THEY ALL, ARE THEY ALL SITUATED IN A PROPER ZONING WHERE THEY SHOULD BE? ANY COMMERCIAL USE LEGALLY OPERATING HAS TO HAVE A COMMERCIAL ZONING DESIGNATION.

OKAY.

SO ANY RESTAURANTS THAT HAS, YOU KNOW, RIGHT NOW WE START, WE ARE COMING OUT WITH THIS PATIO PROGRAM.

MM-HMM.

, RIGHT? MM-HMM.

.

SO WHEN YOU TALK ABOUT THE PATIO PROGRAMS, THERE'S CERTAIN RESTAURANTS HAVE PATIOS OUTSIDE.

MM-HMM.

.

UM, SO ARE THOSE WITHIN ZONING? YES.

EVERY PIECE OF PROPERTY HAS A ZONING DESIGNATION.

OKAY.

SO RESTAURANTS, UH, YOU KNOW, ANYTHING THAT PERTAINS TO BUSINESS THAT WOULD GO OUTSIDE? YES.

YES.

OUTSIDE OF THE DOORS.

MM-HMM.

YOU SAY, SO YOU WOULD HAVE THAT.

SO DOES WHEN YOU APPROVE THOSE, OR WHEN THOSE ARE GETTING COMMERCIALLY APPROVED, ARE, DO WE LOOK AT THESE NOISE ORDINANCES AS WELL? EVEN WITH THE PATIO PROGRAM? NO.

NOISE IS NOT A FUNCTION OF ZONE.

WELL, IT'S A FUNCTION OF ZONING, BUT IT'S NOT PART OF THE PERMANENT APPROVAL PROCESS.

OKAY.

SO WOULD, SO WOULD YOU SAY EVERY BUSINESS THAT WE HAVE IN MISSOURI CITY, IN THIS CITY, REGARDLESS OF THE DISTRICT, THEY'RE ALL SITUATED IN A PROPER ZONING WHERE THEY SHOULD BE? SO I THINK IT'S A FLUID THING.

SO, YOU KNOW, ZONING IS, IS A SNAPSHOT IN TIME WHERE A PIECE OF PROPERTY IS ZONED A PIECE AWAY ZONING IS PROPERTY RIGHTS.

SO IT ONLY CHANGES IF IT GOES THROUGH AN AMENDMENT PROCESS ONCE IT'S ESTABLISHED.

SO OUR ZONING AND ALL OF THESE BUILD OFF OF EACH OTHER.

SO THE NOISE ORDINANCE OR ANY, YOU KNOW, PART OF THE CODE OF ORDINANCES, THEY ALL BUILD, YOU KNOW, THEY WORK IN UNISON.

SO YOUR ZONING IS SET UP WHERE YOU HAVE DIFFERENT LAYERS OF INTENSITY OF COMMERCIAL USES OR RESIDENTIAL USES.

THEY'RE SITUATED, IDEALLY NOT TO BE IN CONFLICT WITH EACH OTHER.

THAT'S PART OF THE TOOL OF ZONING.

DO WE HAVE INSTANCES WHERE WE MAY HAVE CONFLICTS THAT MAY OCCUR? AND THEN YOU LOOK AT IT TO DETERMINE, YOU KNOW, WHAT NEEDS TO BE AMENDED, WHAT YOUR ZONING REGULATIONS, YOU KNOW, NEED TO BE REVISITED, THINGS LIKE THAT.

OKAY.

THANK YOU.

SO AJO, YOU KNOW, YOU MENTIONED THAT THIS WAS COMMERCIAL.

YES.

RIGHT.

SO THAT'S WHY I ASKED THAT QUESTION.

SO HOW MANY COMMERCIAL, SO IS THERE COMPLAINTS? I MEAN, WHY ARE WE RECONSIDERING THIS ORDINANCE? I MEAN, BASED OFF OF COMMERCIAL, IS THERE, IS THERE, IS THERE AN ISSUE? IS WHAT I'M TRYING TO FIGURE OUT? SURE.

AND I, I THINK THAT THERE'S DEFINITELY BEEN AN ISSUE THAT, UH, THIS COUNCIL HAS SEEN AND THAT STAFF HAS SEEN AS IT RELATES TO STAFF'S, UM, ABILITY TO MEASURE NOISE.

AND I UNDERSTAND.

MM-HMM.

, MY QUESTION IS GOING BACK TO WHAT COUNCIL MEMBER BONY ASKED MM-HMM.

, HOW MANY COMPLAINTS AND HOW MANY BUSINESSES, OR HOW MANY COMMERCIALS HAVE WE RECEIVED COMPLAINTS FOR? I KNOW OF TWO, AT LEAST COMMERCIAL BUSINESSES THAT HAVE RECEIVED COMPLAINTS.

BUT AS I MENTIONED EARLIER, I DON'T HAVE A COMPLETE REPORT FOR YOU, BUT I'M HAPPY TO PROVIDE THAT AT THE NEXT MEETING.

I'D LIKE TO SEE THAT.

YES, SIR.

ALL RIGHT.

RECOGNIZING COUNCIL MEMBER BORN.

THANK YOU, MAYOR.

I JUST WANTED TO, TO, TO FOLLOW UP AND JUST ASK ABOUT THE, UM, WHETHER WE COULD HAVE LIKE A STAGGERED DECIBEL, UH, AMOUNT BETWEEN CERTAIN HOURS AS OPPOSED TO JUST SAYING DAYTIME FROM X TO X.

SO FOR INSTANCE, UP TO SAY, UH, 10 O'CLOCK, HAVE THE, UH, WELL, WHEN DOES THE DAYTIME START AND END AS FAR AS THE RECOMMENDATION? SO THE INITIAL PROPOSED ORDINANCE HAS THE DAYTIME START AT 7:00 AM AND END AT 7:59 PM THERE IS A PROPOSAL BEFORE YOU ALL THAT WOULD EXTEND THAT TIMEFRAME

[00:50:01]

ON MONDAYS, UH, THROUGH, OR SUNDAYS THROUGH THURSDAYS FROM 7:00 AM TO 10:00 PM.

UH, BUT AGAIN, THAT'S UP TO YOU, YOUR DISCRETION IF YOU ALL DECIDE TO GO WITH THAT PROPOSED AMENDMENT OR NOT.

BUT THERE ARE SET TIMEFRAMES ON SPECIFIC DAYS OF THE WEEK, UH, UNDER THE PROPOSED AMENDMENT.

SO, UM, MY QUESTION TO YOU, UH, INTERIM CHIEF AND CITY MANAGER, IF WE HAD, UM, 75 BE THE DATE, THE PROPOSED DAYTIME FROM 7:00 AM TO IN ESSENCE EIGHT O'CLOCK, UH, AND THEN FROM EIGHT TO MIDNIGHT, HAVING IT REDUCED TO 70, AND THEN FROM MIDNIGHT TO SEVEN, HAVING IT REDUCED TO 65, DO YOU SEE THAT THAT WOULD, HOW WOULD THAT ADDRESS THE ISSUE? HOW WOULD THAT PROVIDE YOU ALL WITH ANY TYPE OF, UH, UH, LESS AMBIGUITY AS IT RELATES TO HOW THE CURRENT ORDINANCE READS? DO YOU THINK? HONESTLY, HAVING THESE THREE DIFFERENT TIMEFRAMES WITH THE THREE DIFFERENT LEVELS MAY CAUSE CONFUSION.

OKAY.

UM, IT'S NOTHING WE CAN'T OVERCOME IF THAT'S WHAT COUNSEL DECIDES.

UM, BUT IT, IF I'M A CITIZEN LOOKING AT FROM THE CITIZEN'S PERSPECTIVE, I'M NOT SURE WHAT LEVEL I CAN HAVE MY NOISE AT IF THERE'S THREE DIFFERENT LEVELS.

BUT AS A DEPARTMENT, WE CAN OVERCOME THAT, UM, THROUGH TRAINING, IF THAT'S WHAT YOU DECIDE.

WELL, I'M JUST, I'M JUST TRYING TO, AGAIN, I'M JUST THINKING ABOUT BUSINESSES THAT ARE CURRENTLY IN PLACES THAT THIS WAS NOT APPLICABLE.

AND SO IF WE'RE NOT TALKING ABOUT GRANDFATHERING THEM WHEN THIS AMENDMENT GOES INTO PLACE, THEN I'M JUST, AGAIN, I DON'T WANT TO, I DEFINITELY WANT THE QUALITY OF LIFE OF OUR RESIDENTS TO CONTINUE TO BE ENHANCED AND NOT IMPACTED IN A NEGATIVE WAY.

BUT I DON'T ALSO WANNA PUNISH, YOU KNOW, OUR BUSINESSES.

YOU KNOW, WE SAY WE'RE OPEN FOR BUSINESS AND WE'RE PRO-BUSINESS IN MISSOURI CITY, SO I DON'T WANT TO PICK A SIDE HERE, YOU KNOW, LIKE, WHICH BABY DO YOU SAVE? YOU KNOW.

BUT AT THE END OF THE DAY, I JUST DON'T WANNA PUNISH OUR, UH, BUSINESSES.

AND I DEFINITELY DON'T WANT TO NOT ADDRESS THE CONCERNS, UH, OF OUR RESIDENTS.

I MEAN, UH, I SAID OUR BUSINESSES AND THEN THE CONCERNS OF OUR RESIDENTS, I WANT TO TRY TO FIND A HEALTHY BALANCE.

SO I THOUGHT MAYBE THAT COULD, COULD HELP.

STRIKE THAT.

I DON'T KNOW.

I HONESTLY THINK IT MIGHT CONFUSE IT, BUT I THINK THE SPIRIT BEHIND THE ORDINANCE IS TO HAVE SOMETHING MEASURABLE FOR THE OFFICERS TO BE ABLE TO, UH, MAKE A DETERMINATION.

THANK YOU.

UH, I'M, UH, GOING TO STEP IN FOR, UH, THE MAYOR.

UH, YOU SAID BELIEVE, UH, NEXT ON THE, UH, REQUEST TO, UH, TO SPEAK IS, UM, CROWN MARSHALL.

OKAY.

THANK YOU MAYOR PROTI.

AND, AND I DO THANK, UH, THANK YOU E JOYCE FOR WORKING TO GET THE, UH, POLICE SOMETHING SO THAT THEY CAN HAVE THAT TANGIBLE.

SO I JUST HAD THREE QUESTIONS.

YES.

UM, THE MEASURING, WHERE DOES THAT OCCUR? DOES THAT OCCUR FROM THE COMPLAINANT'S PROPERTY LINE, OR IT IT OCCURS FROM, LET'S SAY IT'S A, IT, THE, UM, RESPONDENT WOULD BE A BUSINESS, IT WOULD OCCUR FROM THE BUSINESS'S PROPERTY LINE.

OKAY.

BUT IF IT'S AT MY HOME, LET'S SAY, WOULD THAT READING OCCUR FROM MY HOME? NO.

SO THE WAY THE ORDINANCE IS DRAFTED, THE NOISE, UH, THE SOUND SHOULD NOT BE LOUDER THAN THE SET, UH, 65, 75 NUMBERS FROM THE PROPERTY LINE OF THE PLACE WHERE THE NOISE IS COMING FROM.

SO IT WOULD BE, UH, IT WOULD ESSENTIALLY BE THE, THE PERSON IS REQUIRED TO MAINTAIN THE NOISE IN ACCORDANCE WITH WHATEVER POLICY YOU ALL ESTABLISH WITHIN THE BOUNDARIES OF THEIR PROPERTY.

SO, AS THE CHIEF SAID, THEY WOULD GO TO THE PROPERTY LINE SOMEWHERE ALONG THE PROPERTY LINE AND MEASURE THE SOUND FROM THAT PERSON'S PROP, THE BUSINESS'S PROPERTY LINE.

OKAY.

YEAH.

THANK YOU.

AND, AND I DID HEAR YOU SAY THAT THE FIRST TIME.

I JUST NEEDED CLARITY.

NO WORRIES.

SO DO, DO WE KNOW IF THERE ARE ANY STUDIES AVAILABLE THAT TEST THE ACTUAL NOISE THAT EMITS ACROSS WATER? ACROSS WATER? MM-HMM.

, I DO NOT KNOW THAT.

DO WE KNOW OF ANY STUDIES OR ANYTHING THAT, UH, TEST NOISE THAT EMITS ACROSS LEVEES? NO.

IS IT POSSIBLE THAT WE COULD GET A PROFESSIONAL OPINION ON THOSE, UM, THAT WOULD REQUIRE, UH, OPERATIONAL RESOURCES? SO I COULD CERTAINLY WORK WITH THE CITY MANAGER TO, UM, FIND OUT HOW WE COULD, COULD, UH, WORK THROUGH THAT? I WOULD, AND AND THE REASON WHY I'M ASKING FOR THAT, BECAUSE I'M, I'M HAVING A HARD TIME WITH THIS.

UM, FOR SOME OF THE REASONS THAT SOME OF THE

[00:55:01]

OTHER COUNCIL MEMBERS HAVE STATED AS WELL, I WANNA GET THE POLICE TO A CERTAIN NUMBER.

I LIVE PERSONALLY PER MY PERSONAL EXPERIENCE.

I LIVE ACROSS THE LAKE.

AND IF THEY HAVE AN EVENT WAY UP AT MY COMMUNITY'S CLUBHOUSE, I HEAR ALL OF THE MUSIC.

I, I HEAR THE BASS, BUT IT DOESN'T BOTHER ME.

SO I'M TRYING TO UNDERSTAND WHERE WE'RE GOING WITH THIS.

HOW IS IT THAT WE'RE GOING TO MEASURE THE NOISE? OR ARE WE TRYING TO ALLEVIATE ALL NOISE? OR ARE WE, YOU KNOW, REALLY WHAT ARE WE TRYING TO DO HERE? SURE.

SO AT THIS POINT, IT SOUNDS LIKE THERE ARE A LOT OF QUESTIONS.

SO I WOULD RECOMMEND THAT WE PULL THE THIS ITEM AND BRING IT BACK TO YOU ALL WHEN WE HAVE ADDITIONAL INFORMATION.

I WOULD REALLY APPRECIATE THAT IF THE, UH, MY COLLEAGUES WOULD SUPPORT THAT.

I WANT TO, I HAVE AGREE.

OKAY.

OH, I'M SORRY.

WE NEED TO MAKE A MOTION FOR THAT.

I'D LIKE TO JUST, I'M AN EXIT AND ACCUSED.

THE NEXT LINE IS, UH, SO I SUPPORT THE POLICE HAVING A MEASURABLE TOOL.

MM-HMM.

.

UM, I LIVE NEAR NEIGHBORS WHO LIVE BEHIND A HOTEL BEHIND A BRICK WALL, ACTUALLY TWO BRICK WALLS, AND THE KIDS SWIM IN THE POOL AND IT'S, YOU KNOW, IT'S MISERABLE.

SO IT'S NOT JUST A RESTAURANT, IT'S HOTELS.

IT'S A VARIETY OF THINGS.

UM, CONSTRUCTION, LAST SUMMER, WE HAD A MUD DISTRICT GO IN AND JUST TAKE DOWN A WHOLE, YOU KNOW, I THINK THEY WERE SANDBLASTING A, A, A WHOLE WATER TOWER.

RIGHT.

AND NEIGHBORS WERE UPSET.

SO IT CAN HAPPEN ANYWHERE.

MY QUESTION FOR YOU, E JOYCE, IS WHAT ABOUT SPECIAL EVENTS, JUNETEENTH, UM, YOU KNOW, WE JUST DID TO WALLY THE OTHER DAY.

HOW DOES THAT WORK? DO THEY HAVE TO COME IN AND ASK FOR PERMISSION TO EXCEED THE DB? SO UNDER THE PROPOSED ORDINANCE, THERE IS NOT AN EXCEPTION OR A MECHANISM FOR EXCEPTIONS.

HOWEVER, IF THAT'S OF INTEREST, YES.

I KNOW THAT, UH, A NEIGHBORING CITY DOES HAVE KIND OF A FESTIVAL LIMIT, A FESTIVAL SITE LIMIT.

SO THAT'S SOMETHING THAT WE CAN ALSO EXPLORE WITH THIS.

I THINK.

SO, UM, LASTLY, I THINK, CHIEF, WHILE WE'RE WORKING ON THESE OTHER DETAILS, IF YOU GUYS CAN CONTINUE TO SAMPLE DATA AND THAT WAY WE HAVE SOME, YOU KNOW, SOME INFORMATION TO GO BACK AND LOOK AT, THAT WOULD BE REALLY GREAT.

SO IN THE MEANTIME, WE'LL GO OUT AND GET SOME NOISE LEVELS AT VARIOUS LOCATIONS THROUGHOUT THE CITY, IF THAT'D BE BENEFICIAL.

ABSOLUTELY.

THAT WOULD BE GREAT.

AND THAT WAY WE HAVE DATA.

THANK YOU.

NEXT IS, UH, COUNCIL LADY AND RILEY.

THANK YOU, MAYOR PROTI.

UM, I WANNA MAKE A STATEMENT THEN.

I HAVE TWO QUESTIONS.

UM, I SYMPATHIZE WITH THE RESIDENTS WHO HAVE GENUINELY EXPERIENCED NOISE.

THIS ONE PARTICULAR SITUATION THAT KEEPS BEING BROUGHT UP IN PUBLIC COMMENT, UM, IS NOT THE ONLY INCIDENT WHERE WE HEAR ABOUT AS WELL.

UM, ME PERSONALLY, I LIVE BEHIND TWO NEIGHBORS THAT LOVE TO HAVE CELEBRATIONS, UM, AND FESTIVALS IN THEIR BACKYARD.

AND THIS IS, THIS IS ALMOST EVERY SINGLE WEEKEND.

AND FOR ME PERSONALLY, I HAVE A LOT OF KIDS.

SO NOISE DOESN'T BOTHER ME.

BUT AFTER A CERTAIN POINT IN THE NIGHT, UM, BY MIDNIGHT, ONE O'CLOCK IN THE MORNING, I'M KIND OF READY FOR THE PARTY TO COME TO A CLOSE.

SO WHEN WE'RE TALKING ABOUT THIS NOISE ORDINANCE, IT'S NOT TO TAILOR TO, AND I WANNA REIN TO TATER CATER TO ONE BUSINESS, BECAUSE WHEN WE SAY THAT WE ARE WELCOMING ALL THESE DIFFERENT BUSINESSES TO COME INTO, UM, YOU KNOW, LEASE PROPERTY OR TO DEVELOP IN COMMERCIALLY ZONED, UH, PROPERTY, I THINK THE MISUNDERSTANDING COMES FROM, UH, WHEN RESIDENTS ARE ACCUSTOMED TO LIVING AROUND DORMANT LAND.

AND WE DEFINITELY WANNA ALWAYS ENCOURAGE OUR RESIDENTS KNOW WHAT PROPERTY IS ZONED.

WHEN YOU'RE PURCHASING A HOME THERE, IT'S NOT JUST GONNA SIT THERE DORMANT FOR DECADES.

YOU KNOW, IT'S GONNA BE DEVELOPED AT SOME POINT, AND IT'S UNFAIR TO THE RESIDENTS WHEN THESE PROPERTIES DO GET DEVELOPED.

BUT AT THE SAME TOKEN, IT'S NOT FAIR TO THE COMMERCIAL PROPERTIES WHO PURCHASED THAT LAND, OR THEY BUILD OR THEY LEASED SPACE FOR THE PURPOSE INTENDED FOR WHAT IT'S ZONED FOR.

AND I THINK WE'RE JUST IN A VERY COMPLICATED SITUATION.

WE'RE TRYING TO PLEASE OUR RESIDENTS ACROSS THE CITY, AS WELL AS MAKING SURE THAT OUR BUSINESSES HAVE A PLACE TO OPERATE, BECAUSE THIS CITY RUNS OFF OF PROPERTY TAX AND SALES TAX.

SO WE NEED BOTH PARTIES, UM, WORKING TOGETHER.

UM, AND, AND WE'RE NOT GONNA BE ABLE TO MAKE EVERYBODY HAPPY ON THIS ONE.

BUT THE ONE THING THAT I DID WANNA SHARE THAT WE CAN'T ADVOCATE TO CLOSE BUSINESSES.

UM, AND THAT'S NOT WHAT WE'RE HERE TO DO.

AND WE CAN'T ADVOCATE TO UPSET RESIDENTS.

I EITHER.

SO WE'VE GOTTA HAVE A HAPPY MEDIUM AND A COMPROMISE FROM BOTH RESIDENTS

[01:00:01]

AND BUSINESSES.

WE HAVE A BUSINESS, UH, ACROSS THE CRACK.

THE, THE TRACKS, UM, IN COLONY CROSSING THAT'VE BEEN BEEN COMPLAINING ABOUT NOISE FOR DECADES, AND IT WAS NEVER ADDRESSED.

AND SO WHEN WE'RE TALKING AND TAKING THESE COMPLAINTS, WE NEED TO BE ORGANIC IN OUR APPROACH TO BE UNDERSTANDING THAT THERE ARE GONNA, THERE'S GONNA BE SOME NOISE IN YOUR NEIGHBORHOOD, WHETHER IT'S FROM YOUR NEIGHBOR'S BACKYARD BARKING DOG, KIDS PLAYING IN THE SWIM POOLS, OR WHETHER IT'S FROM COMMERCIAL.

AND I'M GONNA ASK THAT ALL OF OUR RESIDENTS BE MINDFUL OF HOW WE INTERACT WITH OUR BUSINESSES AND BUSINESSES TO BE THE SAME WAY.

MY QUESTION IS, HOW MUCH IS THIS GONNA COST THE CITY PURCHASING ALL OF THESE DECIMAL POINTS? BECAUSE WE'VE NEVER HAD TO DO THIS BEFORE UNDER OUR OLD ORDINANCES, WITH THE DECIMAL POINT BEING LOWER, NOW WE'RE LOOKING TO INCREASE IT, AND WE'RE HAVING TO MAKE A FINANCIAL INVESTMENT TAKEN OUT OF OUR BUDGET TO, TO APPEASE, UM, A NEW ORDINANCE AT THE REQUEST OF, UM, COUNCIL, BUT ALSO TO APPEASE THE COMMUNITY AS WELL.

SO HOW MUCH IS THIS GOING TO COST US? WE'RE ESTIMATING ABOUT 25,000.

SO THIS ORDINANCE IS GONNA COST THE CITY TO TAXPAYERS 25,000.

MY SECOND QUESTION IS, UM, WHEN THE OFFICERS, AND THIS IS PROBABLY FOR, UH, CHIEF, UH, HARRIS, UM, WHEN THE OFFICERS ARE REQUIRED TO GO BACK THERE AND TAKE THE READING, HOW FAR AWAY FROM THAT PARTICULAR PROPERTY WHERE THE NOISE IS BEING COMPLAINED FROM? WILL THEY HAVE TO STAND? BECAUSE, AND THE REASON I'M ASKING IS IF WE LOOK AT THAT SLIDE, CAN YOU PULL THAT SLIDE BACK UP? 60 DECIMALS, UM, NORMAL CONVERSATION IS FIVE FEET.

UM, MY KIDS BREAK THAT EVERY SINGLE DAY.

UM, 70 DECIMALS IS A VACUUM CLEANER, 10 FEET AWAY.

SO WHEN YOUR OFFICERS ARE BEING SENT OUT THERE TO TAKE THIS READING, HOW FAR AWAY FROM THE PROPERTY ARE THEY GOING TO STAND? WHICH ONE OF THESE DO ARE THEY SUPPOSED TO, UH, COMPLY WITH? SO THE WAY THE PROPOSAL ORDINANCE READS WOULD BE, YOU KNOW, WHERE ON THE PROPERTY LINE.

SO COMMON SENSE TO ME WOULD SAY YOU WOULD GO THE FURTHEST FROM THE BUSINESS, AS LONG AS YOU'RE STILL ON THE PROPERTY LINE, AND SEE THAT'S SOMETHING THAT NEEDS TO BE IDENTIFIED.

HOW FAR AWAY ARE THEY SUPPOSED TO STAND? BECAUSE ONE OFFICER MAY STAND RIGHT, RIGHT NEXT TO THE BUILDING, THE NEXT ONE MAY STAND THREE, FOUR FEET AWAY.

THAT NEEDS TO BE, BE, UH, FLUSHED OUT AS WELL, BECAUSE YOUR OFFICERS ARE EXTREMELY INTELLIGENT.

BUT WHAT ONE DOES, AND THE NEXT ONE DOES, IS NOT GONNA BE CONSISTENT.

AND THAT WOULDN'T BE FAIR TO THE BUSINESSES OR EVEN TO THE RESIDENTS.

UM, AND THEN MY OTHER QUESTION WAS IN REFERENCE TO, ARE THESE MACHINES GOING TO BE ABLE TO ISOLATE ANY EXISTING NOISES? BECAUSE THERE ARE PROPERTIES THAT HAVE MULTIPLE ENTERTAINMENT BUSINESSES, AND IF THEY'RE ALL PLAYING MUSIC AND ALL ENTERTAINING OR HAVE A PATIO, UM, YOU KNOW, UH, ENTERTAINMENT GOING ON AS WELL.

HOW, HOW DID THEY ISOLATE THE EXCESS NOISE THAT'S COMING FROM AROUND? SO WE HAVEN'T BOUGHT THE, UH, JESSICA RAIDS YET, BUT I CAN TELL YOU THE ONE THAT WE DID BUY.

UM, THERE'S SETTINGS ON THERE THAT YOU CAN DISTINGUISH BETWEEN MACHINERY, UH, HUMAN VOICE AND MUSIC.

SO THERE'S DIFFERENT SETTINGS YOU CAN PUSH OR SET IT ON TO DETERMINE THE VOICE YOU'RE LOOKING TO READ.

OKAY.

AND HOW LONG DOES THIS, HOW, HOW DO YOU CAPTURE THAT DATA? IS IT SAVED IN THE MACHINE THAT Y'ALL ARE PURCHASING? NO, MA'AM.

WHAT WE WOULD DO IS THE OFFICERS, IT'S A HANDHELD DEVICE.

THEY WOULD'VE IN FRONT OF THEIR BODY CAMERAS.

UM, SO IT'S RECORDED.

AND IF THE CALL IS FINISHED, THEY WOULD NOTATE THAT AND CLEAR IN THE NOTES WHAT THE READING IS AND IT'S THERE FOR.

AND SO WHAT, AND, AND I'M JUST ASKING A QUESTION.

WHAT HAPPENS IF THAT DECIMAL POINT IS BELOW THE, UH, APPROVED, YOU KNOW, READING, BUT THE COMPLAINANT IS STILL SAYING IT'S TOO LOUD AND YOU'RE JUST INPUTTING WHAT IT SAYS ON THERE? ARE WE GONNA HAVE TO NOW SAVE BODY FOOT, BODY CAM FOOTAGE TO SUPPORT THAT PARTICULAR DATA READING? WELL, WE ALREADY SAVED THE BODY CAMERA FOOTAGE.

IT'S ALREADY, THAT'S ALREADY IN PLACE.

UM, BUT I THINK WHAT YOU'RE ASKING IS IF WE CONTINUE TO GET REPEATED CALLS, UM, WHERE THE NOISE IS NOT IN VIOLATION, THAT'S SOMETHING WE'LL ADDRESS AT THE TIME.

AND THERE'LL BE A CASE BY CASE BASIS AND IT ASSIST AS THE SUPERVISOR I MAKE THROUGH HIS CHAIN COMMAND, PROBABLY UP TO ME WHEN WE DETERMINED THAT WE'RE NO LONGER GONNA RESPOND TO A CALL IF IT MAKES IT TO THAT POINT.

OKAY.

THANK YOU.

I APPRECIATE YOU.

THANK YOU.

E YOURS.

THANK YOU.

UH, I'M, UH, NEXT ON THE, UH, ON THE QUESTIONS, UH, JUST FOR, UH, ADD SOME CONTEXT TO THIS.

UH, THE REASON WHY, UH, I I WAS ONE OF

[01:05:01]

THE SPONSORS TO BRING THIS, UH, ORDINANCE, UH, FORWARD IS BECAUSE THE EXISTING ORDINANCE DIDN'T HAVE ANY WAY OF MEASURING.

IT WAS REALLY SUBJECTIVE.

SO YOU HAD AN OFFICER TO GO OUT THERE AND LISTEN TO WHATEVER THE NOISE LEVEL IS AND MAKE A SUBJECTIVE DECISION THAT, HEY, THAT'S TOO LOUD, OR NO, THAT'S OKAY.

WELL, YOU KNOW, THAT'S, THAT'S ALL RIGHT.

BUT FROM OFFICER TO OFFICER, YOU'RE NOT GONNA GET ANY CONSISTENCY.

SO WHAT WE SAID IS, LET'S SEE WHAT WE CAN DO AS FAR AS SETTING UP AN ORDINANCE THAT MEASURED THE DECIBELS, AND TO HAVE A PIECE OF EQUIPMENT THAT MEASURED THOSE ITEMS SO THAT WHEN THE OFFICER WENT OUT TO THAT LOCATION, HE HAD SOMETHING, OR SHE HAD SOMETHING TO, TO MON TO MONITOR AND REGISTER WHATEVER THE, UH, THE, UH, UH, NOISE LEVEL MIGHT BE.

SO THAT, THAT'S THE REASON WHY WE'RE HERE, UH, OR WHY THIS IS ON THE AGENDA.

BECAUSE WE HAD ONE PARTICULAR CASE WHERE WE WERE CONTINUALLY GETTING, UH, CONCERNS EXPRESSED AND, UH, UH, CALLS TO PD TO COME OUT AND CHECK FOR NOISE VIOLATIONS.

WELL, YOU KNOW, THAT, THAT'S FINE.

UH, BUT AGAIN, IF WHOEVER YOU SEND OUT THERE, YOU KNOW, THEY MAY HAVE A DIFFERENT PERCEPTION OF WHAT'S, YOU KNOW, NOISE AND WHAT'S, UH, ACCEPTABLE.

SO WE WANTED TO SET SOMETHING IN THE ORDINANCE THAT WOULD MEASURE AND SAY WHAT THE, UH, WHAT THE, UH, THE RANGES MIGHT BE ACCEPTABLE AT THE DIFFERENT TIMES.

NOW, YOU KNOW, THAT THAT WAS THE INITIAL, UH, UH, REQUIREMENT OR THE INITIAL REASON FOR BRINGING THIS FORWARD.

NOW, YOU KNOW, OBVIOUSLY WE'VE GOT A NUMBER OF OTHER QUESTIONS THAT HAVE BEEN ASKED THAT WE HAVE TO, TO ADDRESS.

UH, SO, UH, YOU KNOW, I, I THINK, AND UNLESS SOMEONE, UH, WANTS TO, UH, CONTINUE ON WITH THE CONVERSATION, MAYBE WE SHOULD LOOK AT DEFERRING THIS, UH, ITEM UNTIL THE NEXT, UH, UM, MEETING.

BUT IN THE MEANTIME, I THINK WE NEED TO COLLECT A LOT OF INFORMATION TO HELP US MAKE A DECISION WHAT'S RIGHT AND WHAT'S WRONG.

CORRECT.

UH, AND IT MIGHT BE, IT MIGHT NOT BE THE NEXT MEETING BECAUSE IT MIGHT TAKE SOME TIME TO ACTUALLY PROCURE SOMEONE TO CONDUCT A STUDY.

UM, SO JUST SO EVERYONE'S EXPECTATIONS ARE IN THE SAME PLACE, IT, IT MIGHT NOT BE THE NEXT MEETING, BUT I GUESS WHAT I WOULD REQUEST IS SOMEBODY'S GONNA MAKE A COMPLAINT.

LET'S MAKE SURE THAT IT'S, THAT IT'S SOMETHING THAT THAT'S VALID AND CAN BE SUPPORTED.

'CAUSE EVERY TIME A COMPLAINT IS MADE, WE TAKE AN OFFICER OFF THE STREET TO LISTEN TO THAT.

AND THAT TAKES HIM AWAY FROM WHAT HIS PRIMARY GOAL AND RESPONSIBILITIES ARE.

AND THAT'S TO KEEP US SAFE.

AND A FIGHT CRIME THAT DOESN'T SAY THAT, YOU KNOW, WE, WE, YOU KNOW, IGNORE SITUATIONS WHERE WE HAVE, UH, EXCESSIVE NOISE.

AND SO WE'VE GOTTA TAKE, UH, THE, THOSE RESIDENTS CONCERNS INTO CONSIDERATION ALSO.

BUT, UH, AGAIN, I THINK AS, UH, UH, THE, UH, COUNCIL LADY RILEY SAID, WE'VE GOTTA SEE IF HE CAN COME UP WITH SOME KIND OF AGREEMENT THAT'S THAT'S AMENABLE TO BOTH THE BUSINESSES THAT WE HAVE IN MISSOURI CITY AND, UH, OUR RESIDENTS, UH, BECAUSE WE HAVE AN OBLIGATION TO BOTH OF THOSE.

SO, UH, WITH THAT, UH, YOU WANT, WHO WANTS TO MAKE A MOTION? AND WE ALREADY MADE, WE HAVE SOMEONE IN THE QUEUE.

IN THE QUEUE.

OKAY.

ME.

OKAY.

MOTION WAS, UH, BY, UH, UH, MY EYES ARE GOING BROWN MARSHALL.

OH, ARE YOU STILL IN THE QUEUE? I'M BACK IN THE QUEUE.

OH, OKAY.

WELL, UH, HANGING OUT IN THE QUEUE, WELL SCRAP THAT IN MOTION REQUEST.

OKAY.

OKAY.

UM, THANK YOU SO MUCH, MAYOR PROTE.

IN LOOKING AT THE COMPARATIVE CITIES THAT YOU GUYS PROVIDED TO US IN THE PACKET, THE ONE THAT STICKS OUT TO ME THE MOST IS ACTUALLY THE CITY OF HOUSTON'S.

AND, AND WHAT I LIKE THE MOST ABOUT THEIRS IS THAT THEY HAVE A TIERED APPROACH, DAILY EXTENDED DAILY, ANNUAL, OF COURSE, COMMERCIAL.

AND ONE OF THE MEASUREMENTS THAT THEY DO IS THEY, THEY TAKE A MEASUREMENT FROM A RESIDENCE AS IT RELATES TO COMMERCIAL.

SO I WOULD REALLY LIKE FOR US TO SEE US EXPAND OUR ORDINANCE TO CONSIDER SOMETHING OF THAT MAGNITUDE MORE SO BECAUSE IT, TO ME, IT ADDRESSES THE ACTUAL ELEPHANT IN

[01:10:01]

THE ROOM.

THANK YOU.

UH, COUNCILMAN BONNEY? YES.

FIRST OF ALL, I WANTED TO SAY, UH, THANK YOU SO MUCH, MAYOR TEM FOR, YOU KNOW, I ALWAYS LIKE TO HEAR WHY, UH, THINGS ARE INTRODUCED OR WHY PEOPLE ARE VOTING OR NOT VOTING ON SOMETHING.

IT'S ALWAYS HELPFUL TO HEAR.

SO THAT WAS VERY GOOD CONTEXT.

UM, I JUST WANTED TO POINT OUT A COUPLE OF THINGS.

I, I LOOKED UP, YOU KNOW, SOME OF THE DECIBEL READINGS, UH, AND IN LOOKING AT, UM, THE 75 DECIBEL RANGE, THE 75 80 DECIBEL RANGE SAYS IT EQUATES TO, UH, HEAVY TRAFFIC WINDOW, AIR CONDITIONER, A NOISY RESTAURANT, AND A POWER LAWN, UM, MORE.

AND SO I JUST THINK THAT AS WE'RE LOOKING AT ALL OF THESE THINGS, WE NEED TO LOOK AT, YOU KNOW, EVERYTHING NEEDS TO BE LOOKED AT AND, AND, AND, YOU KNOW, BASED OFF OF WHAT IT IS THAT THE SITUATION REQUIRES.

I MEAN, IF YOU HAVE A COMMERCIAL PROPERTY THAT JUST GOT BUILT NEXT TO, TO COUNCIL MEMBER RILEY'S POINT, YOU KNOW, THE ZONING THAT WE HAD AT THAT TIME ALLOWED FOR THAT PARTICULAR COMMERCIAL PROPERTY, UH, TO BE BUILT IN THAT AREA.

IT, YOU KNOW, WE DIDN'T REQUIRE THEM TO PUT A SOUND WALL OR ANYTHING UP AT THE TIME IT WAS BUILT.

SO NOW YOU HAVE A BUSINESS IN THIS PARTICULAR INSTANCE THAT IS SIGNED A, A LONG-TERM LEASE, UH, DID SPEND THOUSANDS AND THOUSANDS OF DOLLARS FOR BUILD OUT AND ARE NOW, YOU KNOWS, SEEMINGLY, YOU KNOW, IMPACTING THE RESIDENTS IN THAT AREA.

AND SO IT'S, IT'S A HEALTHY BALANCE THAT'S NEEDED.

UM, SO I JUST WANT US TO, TO TAKE A LOOK AT, UH, THAT APPROACH.

AND WITH THAT, I'D LIKE TO MAKE A MOTION TO, UH, DELAY THIS UNTIL, UM, NEXT COUNCIL, I MEAN, TO A TIME TO BE DETERMINED.

I SEE NO ONE ELSE ON THE, UH, THE QUESTIONING LIST.

UH, WE HAVE A MOTION, UH, TO DEFER ITEM, UH, WHAT IS IT, SIX C TILL, UH, CAN WE SET THE NEXT DATE FOR REVIEW, OR, IT SOUNDS LIKE THE MOTION WAS FOR A, A TI AN INDEFINITE TIMEFRAME.

SO THERE WASN'T, I'M SORRY, THERE WAS NOT A SPECIFIC DATE GIVEN, THERE WASN'T THE TIME.

NO.

SO, YOU KNOW, KNOWING ALL THE QUESTIONS THAT HAVE COME UP, WHAT, UH, DO WE HAVE ANY KIND OF, UH, OF, UH, ESTIMATE ESTIMATE OF WHAT IT'S GONNA TAKE TO TRY TO, UH, GET, UH, SOME OF THE ANSWERS, UH, TO THESE QUESTIONS SO THAT WE COME BACK PREPARED AND, YOU KNOW, WE'RE NOT BACK AT THE DRAWING BOARD AGAIN.

WE CAN GIVE AN ESTIMATE, WE CAN GIVE AN ESTIMATE AFTER WE'VE HAD TIME TO CONVENE AND BECAUSE WE ARE IN THE MIDDLE OF THE, GOING INTO THE HOLIDAYS AND OKAY.

WE'RE TAKING VACATION.

SO, UM, WE'LL, WE'LL COME UP WITH AN ESTIMATE ONCE WE CAN CONVENE THE STAFF AND SEE WHAT'S INVOLVED.

I THINK , YOU DON'T WANNA GIVE US A SUGGESTION RIGHT NOW OF WHEN, HOW LONG I, OKAY.

WELL, I'M JUST TRYING TO SEE WHAT IS IT GONNA TAKE TO GET IT BACK ON THE AGENDA? IT'S, IT'S GONNA BE AT LEAST A COUPLE OF MEETINGS.

OKAY.

I'M, I'M HOPING THAT WE'LL HAVE IT BY THE TIME WE HAVE OUR RETREAT.

OKAY.

WE DO OUR PLANNING FOR A RETREAT IN JANUARY, FEBRUARY, SO THIS COULD BE ONE OF THOSE ITEMS. UM, IF WE DON'T GET THE INFORMATION BEFORE THEN OKAY.

WITH THAT IS, I'M SORRY, MAY YOU ASK ONE QUESTION.

YES, YOU MAY.

YOU'RE SO KIND.

SO IN THE MEANTIME, CHIEF, WHEN YOU AND YOUR STAFF RECEIVE ANY NOISE CALLS KNOWING THAT NO ESTABLISHED THRESHOLD, UM, WILL BE, UH, PUT FORTH THIS EVENING, HOW WILL YOU ALL HANDLE THOSE CALLS? IT WILL BE HANDLED AS THEY'VE ALWAYS BEEN HANDLED.

UM, THE OFFICER GOES OUT, LISTENS TO THE NOISE, UH, KIND OF MAKES A, AN OPINION OF HIS THAT YES, IT IS EXCESSIVE AND MAY ISSUE CITATION.

WE TYPICALLY TRY TO ADDRESS THESE WITH WARNINGS.

UM, THOSE ARE HOW THEY HANDLED.

99% OF THE TIME WARNINGS, WE HAVE TO REPEATEDLY GO OUT.

YES.

SOMETIMES IT'S JUST CITATION.

OKAY.

WHAT IF YOU, I YELLED BACK.

YOU GOTTA PUT YOURSELF IN THE QUEUE.

YEAH.

LET ME PUT MYSELF IN THE QUEUE.

ALL RIGHT.

HE'S USING BOTH.

YEAH.

UH, AT, AT WHAT POINT IN TIME DO YOU DETERMINE THAT, UH, THE, THE SAME COMPLAINT IS BEING MADE YET? UH, THERE'S, THERE'S NO TANGIBLE, UH, UH, MEANS OF DETERMINING WHETHER

[01:15:01]

A CITATION NEEDS TO BE ISSUED OR NOT.

ONCE AGAIN, THOSE SITUATIONS, FAIR CODE TEMP, WE'RE RELYING ON THE OFFICER TO HEAR WHAT THE COMPLAINANT IS HEARING, AND AGAIN, PUTTING THE OFFICER IN THE MIDDLE TO MAKE A DETERMINATION.

THAT'S HOW IT'S BEEN DONE, UH, MY WHOLE TIME HERE.

MM-HMM.

, UM, PUTTING THE OFFICER, THE OFFICER'S ASKED TO MAKE A DECISION, UM, IF IT'S SO OBVIOUS THAT ANNOYS IS, IS AT A LEVEL THAT IS DISRUPTIVE TO, AND, AND WE ALSO LOOK AT HOW MANY CALLERS WE HAD, UM, IF WE'VE GOT MULTIPLE COLLARS, THAT'S WHAT FACTOR THAT FACTORS INTO IT AS WELL.

HOW MULTIPLE COLLARS.

HOW ABOUT MULTIPLE CALLERS FROM DIFFERENT LOCATIONS? OKAY.

SURROUNDING THE, UH, WHERE THE NOISE FROM.

OKAY.

THAT'S SOMETHING ELSE.

THE OFFICE FACTOR IS OKAY WITH THAT.

I DON'T SEE ANYBODY ELSE IN THE QUEUE.

UH, WE HAVE A MOTION BY, UH, COUNCILMAN BONY AND SECOND BY COUNCIL LADY RILEY TO DEFER THE, UH, ORDINANCE CHANGE OR CONSIDERATION TO, UH, A DATE TO BE DETERMINED.

IS THAT CORRECT? IS THAT SUFFICIENT? YES.

OKAY.

YES, SIR.

SO WITH THAT, UH, MOTION AND SECOND, LET'S VOTE, THE MOTION CARRIES SIX TO ZERO.

OKAY.

I BELIEVE THAT THAT WOULD CLOSE OUT THAT AGENDA ITEM.

YES, SIR.

OKAY.

SO WE CAN GO ON TO THE NEXT ONE.

YES.

ITEM SEVEN

[(a) Consideration and Possible Action - A resolution suspending the December 4, 2023 effective date of CenterPoint Energy's statement of intent to increase gas rates]

A IS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MISSOURI CITY, TEXAS, AUTHORIZING AND APPROVING MEMBERSHIP IN THE CITY SERVED BY CENTER POINT GAS FOR THE PURPOSE OF PROTECTING THE INTEREST OF THE CITY AND ITS RESIDENTS WITH RESPECT TO CENTER POINT MATTERS, SUSPENDING THE DECEMBER 4TH, 2023 EFFECTIVE DATE OF THE PROPOSAL BY CENTER POINT ENERGY RESOURCES CORPORATION, DOING BUSINESS AS CENTER POINT ENERGY AND TECHS, AND CENTER POINT ENERGY, TEXAS GAS TO CHANGE RATES AND CONTAINING CERTAIN PROVISIONS RELATING TO THE SUBJECT, UH, MAYOR PRO TEM AND COUNSEL.

THIS ITEM, SUSPENDS CENTER POINT'S PROPOSED RATE INCREASE FOR GAS.

UM, THE CURRENT PROPOSED DATE FOR EFFECTIVE DATE IS DECEMBER 4TH.

THIS WILL SUSPEND THAT RATE FOR 90 DAYS TO ALLOW THE COALITION OF CITIES TO DO RESEARCH TO DETERMINE WHETHER OR NOT THOSE RATES ARE INDEED REASONABLE.

OKAY.

WE HAVE A MOTION BY, UH, COUNCIL LADY BROWN MARSHALL, UH, SECOND BY, UM, RULE.

IS THERE ANY QUESTIONS BEFORE WE VOTE? THERE'S NO ONE IN THE QUEUE.

SO WITH THAT, LET'S VOTE.

THE MOTION CARRIES SIX TO ZERO.

OKAY.

UH, CITY

[8. CITY COUNCIL ANNOUNCEMENTS]

COUNCIL ANNOUNCEMENTS.

LET'S START, UH, DON'T WANNA BREAK THE, THE CHAIN, UH, MARSHALL BROWN.

SURE.

THE THREE MINUTES.

OH, MY THREE MINUTES OF STARTING.

THAT'S RIGHT.

BROWN MARSHALL, HE KIND OF THREW ME OFF WITH THE NAME.

THAT'S OKAY.

WELL WAIT A MINUTE.

RESTART THAT.

THREE MINUTES, WILL YOU? NO, IT'S OKAY.

IT'S OKAY.

IT'S OKAY.

I WAS HAPPY TO DRIVE DOWN FM 2234 THE OTHER DAY TO SEE BLINK FITNESS OPEN AND BRIGHT AND SHINING.

THAT, THAT'S PRETTY EXCITING.

IT'S BEEN A LONG TIME SINCE WE'VE, UM, HAD A BUSINESS TO GO INTO THAT, UH, FACILITY OVER THERE.

SO THAT, THAT'S PRETTY EXCITING.

READ SOME KIND OF COMMENTS OUT ON, UH, SOCIAL MEDIA ABOUT, UM, HAIR STORES AND DIFFERENT THINGS THAT POP UP, BUT I JUST WANTED TO MAKE NOTE THAT THE BEAUTY INDUSTRY IS VERY REAL AND IT'S VERY MUCH ALIVE.

IT'S A BILLION DOLLAR INDUSTRY.

AND YES, WE DO WANNA SEE DIFFERENT TYPES OF BUSINESSES TO COME TO OUR CITY, AND I WHOLEHEARTEDLY SUPPORT THOSE.

BUT, UM, FOR THOSE BEAUTY INDUSTRY BUSINESSES THAT ARE OUT THERE, THANK YOU FOR BRINGING THAT TAX BASE TO OUR CITY.

WE JUST WANT YOU TO DO A GREAT JOB.

KEEP YOUR STORES LOOKING GOOD, KEEP THE OUTSIDE OF THEM LOOKING GOOD.

AND I THINK, UM, JUST FOR MYSELF AND ALONG WITH MY COLLEAGUES, UM, WE ARE LOOKING FOR ADDITIONAL BUSINESSES THAT WANT TO COME HERE AND DO BUSINESS WITH US.

UM, I WANT TO THANK THE STAFF FOR ALLOWING, UH, MYSELF TO POP IN AT THANKSGIVING AT THE PONDEROSA.

IT WAS A LOT OF FUN.

UM, IT

[01:20:01]

LOOKED LIKE YOU GUYS HAD A GREAT TIME.

AND, UM, IT WAS JUST NICE SEEING ALMOST 400 SMILING FACES THAT ARE WILLING PARTICIPANTS TO WORK FOR THE CITY AND TO DO GREAT WORK FOR OUR CITY.

I TRULY, TRULY APPRECIATE YOU GUYS AND ALL OF YOUR EFFORTS THAT YOU DO IN AND AROUND THE CITY.

I WANNA SAY CONGRATULATIONS TO FARRELL BONNER AND UNIVERSALLY MADE ON A SUCCESSFUL VETERANS DAY LUNCHEON THAT WAS HELD HERE AT OUR CITY HALL, UH, CAMPUS.

AND, UM, ON TODAY, I HAD THE HONOR OF ATTENDING THE FUNERAL OF MISSOURI CITY'S HOMEGROWN MS. LAUREN ROBINSON HOLIDAY.

UM, IT WAS A BEAUTIFUL SERVICE, AND, UM, I DEFINITELY WANNA KEEP HER AND HER FAMILY, HER FAMILY, YOU KNOW, UPLIFTED.

AND, UM, I JUST WANT TO EXPRESS EVERYONE TO HUG A LITTLE BIT MORE ON YOUR FAMILY AND HUG A LITTLE BIT MORE ON YOUR FRIENDS IF, IF YOU CAN.

SURE.

WOULD APPRECIATE THAT.

AND HAPPY THANKSGIVING TO EVERYONE.

THANK YOU.

THANK YOU.

UH, NEXT IS, UH, OUR AT LARGE POSITION TWO.

THANK YOU MAYOR PRO TEM.

UM, I JUST WANTED TO REMIND EVERYBODY THAT THE SMALL BUSINESS ADVISORY COMMITTEE MIXER OUR FINAL MIXER FOR THE YEAR AND OUR HOLIDAY MIXER, WHICH WILL BE AN UGLY SWEATER.

UM, THEME PARTY WILL BE TUESDAY, DECEMBER 5TH, FROM SIX 30 UNTIL EIGHT AT JOHNNY TAMALE.

SO IF YOU OWN A MISSOURI CITY BUSINESS, PLEASE COME OUT AND JOIN US.

WE'RE GONNA HAVE LOTS OF FUN IN, UM, MIXING AMONGST THE BUSINESSES.

UM, I ALSO WANTED TO SAY HAPPY THANKSGIVING TO EVERYONE.

UM, THIS IS ONE OF MY FAVORITE TIMES OF THE YEAR.

IF YOU'RE TRAVELING, UM, PLEASE BE SAFE.

AND, UM, LIKE COUNCIL MEMBER BROWN MARSHALL SAID, HUG ON YOUR LOVED ONES.

MYSELF AND MAYOR ELLA KATT, UM, WE AND COUNCIL MEMBER BROWN MARSHALL, WE ALL ATTENDED THE, UH, FUNERAL OF LAUREN, UM, UH, ROBINSON HOLIDAY, UM, VERY CLOSE WITH HER MOTHER, AND IT WAS A BEAUTIFUL HOMEGOING, UH, CEREMONY AND PRAYERS TO THE OTHER THREE, UM, FAMILIES THAT, UM, LOST THEIR LIVES.

ALL OF THEM WENT TO, UM, MISSOURI CITY HIGH SCHOOLS, AND SO WE WANT TO KEEP THEM AND OUR PRAYERS.

SO, AND HAPPY THANKSGIVING EVERYONE.

DISTRICT A COUNCILMAN RILEY.

COUNCIL LADY.

NO.

.

THANK YOU, MAYOR PRO.

TIM, YOU'RE DOING AN ABSOLUTE FABULOUS JOB.

UH, I WANNA FIRST OF ALL SAY CONGRATULATIONS TO OUR CITY SECRETARY CRYSTAL, UH, CRYSTAL ROHN, UH, FOR HER NEW BOARD APPOINTMENT.

CONGRATULATIONS.

THAT'S A GREAT MILESTONE AND ACHIEVEMENT.

UH, AND A CREDIT TO YOUR, YES, I WANNA SAY HAPPY VETERANS DAY AND HAPPY VETERANS CELEBRATIONS.

UH, THE CITY OF MISSOURI CITY HOSTED OUR ANNUAL, UH, HERE IN THE COMMUNITY SENATE WAS WONDERFUL.

AND THEN THE FOLLOW UP WITH, UH, FARRELL BONNER'S, UH, FOURTH ANNUAL, UH, MAY VETERANS, UH, CELEBRATION WAS ABSOLUTELY WONDERFUL TOO, WHERE THE, THE MAYOR GAVE, UH, UH, GRACIOUS WORDS, UH, HAD AN OPPORTUNITY TO ATTEND THE ACC MISSOURI CITY TOWN HALL TO MEET OUR NEW CHANCELLOR, UH, MARGARET FORD FISHER.

UM, AND TO HAVE WORDS, UM, FROM THE PODIUM WITH DR.

MADELINE BURILLO HOPKINS.

UM, FORTUNATE TO RECEIVE, UM, RECEIVE SOME RECOGNITIONS FOR SOME OF THE WORK THAT I'VE DONE, AS WELL AS, UM, CELEBRATING SOME OTHER PEOPLE'S WORK IN THE COMMUNITY, LIKE CELEBRATING YOU THEIR YOUTH COMMUNITY SERVICE.

UH, SO THANK YOU TO LISA STILLWELL FOR BRINGING, UM, OPPORTUNITIES FOR STUDENTS TO GIFT BACK AND DO COMMUNITY SERVICE.

THEY WERE ABLE TO, UM, MAKE UP ABOUT 2,500 BAGS TO, TO, UH, DONATE TO THE, UM, KIT HOUSTON'S MEALS, HOUSTON'S MEALS, UH, ORGANIZATION WHERE THEY'RE GONNA BE SENDING OUT MEALS ACROSS THAT, THAT AREA.

UH, CONGRATULATIONS TO PALMER HOUSE, WHO GAVE OUT 200 BASKETS, UM, TO FAMILIES IN THE COMMUNITY.

THEY'RE ONE OF OUR NEW, UH, PARTNERS, UH, UTILIZING OUR CDBG FUNDS.

UM, I WAS FORTUNATE TO DONATE A BASKET AS WELL.

AND THEN OF COURSE, WELCOMING, UH, FAMILIES, HELPING FAMILIES ORGANIZATION TO, UH, TO FORT BENON DISTRICT A, THEY WORKED IN CONSOLIDATION WITH PRECINCT TO CONSTABLE DARRELL SMITH TO GIVE OUT OVER 400 THANKSGIVING BASKETS TO FAMILIES IN MISSOURI CITY.

UH, CONGRATULATIONS TO PASTOR JACOB MATTHEWS FOR HIS 22 YEARS IN MINISTRY FOR SHARING THE GOSPEL OF JESUS CHRIST.

UH, WE HAD AN OPPORTUNITY TO GO THERE AND SHARE GREAT WORDS WITH HIM AND TO THANK HIM.

UH, WANNA OFFER MY CONDOLENCES TO MANUEL CORTEZ, ONE OF MY DISTRICT, A VERY DEDICATED AND VISIBLE, UH, CONSTITUENTS.

HE'S LOST HIS WIFE OF, UH, DECADES OF YEARS.

UH, MS. JOYCE MARIE CORTEZ.

SO YOUR FAMILY IS DEFINITELY IN OUR PRAYERS.

AND THEN LASTLY, I WANNA SAY HAPPY BIRTHDAY TO MY ALIA.

SHE IS NO LONGER A TEENAGER.

SHE FINALLY MADE IT TO THE BIG TWO.

OH,

[01:25:01]

I'M SO PROUD OF HER.

AND OF COURSE, HAPPY ANNIVERSARY TO ME, AND THE MOST AMAZING MAN IN MY LIFE, MR. LARRY RILEY, I KNOW YOU WATCHING OUT THERE.

I KNOW YOU'RE NOT.

MM.

BUT, UM, THANK YOU SO MUCH FOR YOUR LOVE, SUPPORT, UM, OF OUR KIDS, AND ALL THE STUFF THAT WE DO, AND ALL STUFF YOU PUT UP WITH ME ABOUT.

AND THEN LASTLY, HAPPY THANKSGIVING EVERYBODY.

THANK Y'ALL SO MUCH.

EAT LOTS OF TURKEY, BACON AND CHIPS AND ALL THAT STUFF YOU'RE GOING TO EAT.

UM, AND THEN GO SPEND ALL YOUR MONEY ON BLACK FRIDAY.

SO, AND THEN WE'LL SEE Y'ALL BACK NEXT WEEK.

HAVE A GREAT ONE.

THANK YOU.

COUNCIL MEMBER.

MM-HMM, NIE, DISTRICT B.

THANK YOU, MAYOR PRO TEM.

UM, I'LL TRY TO RUSH THROUGH ALL OF THIS.

UH, ATTENDED THE VETERANS DAY BREAKFAST AND CELEBRATION, UH, SALUTE TO MAJOR GENERAL ISAAC JOHNSON.

AND COLONEL HELEN GEORGE, WHO JOINED US AS WELL AS ALL OF THE VETERANS.

GREAT TIME, UH, WAS EXTREMELY PROUD TO ONCE AGAIN REPRESENT MISSOURI CITY AS AN ACTIVE PART OF THE NATIONAL LEAGUE OF CITIES.

UH, THIS PAST WEEK, I SERVE CURRENTLY ON THE COMMUNITY AND ECONOMIC DEVELOPMENT, FEDERAL ADVOCACY COMMITTEE ON THE, UH, RACE EQUITY AND LEADERSHIP COUNCIL, AND THE NATIONAL BLACK CAUCUS OF LOCAL ELECTED OFFICIALS, TO WHICH I'M HAPPY TO, TO ANNOUNCE AND REPORT THAT, UM, I WAS UNANIMOUSLY REELECTED BY MY PEERS FROM ACROSS THE COUNTRY TO SERVE AS THE CONTINUE TO SERVE AS THE REGION 11 DIRECTOR FOR NBC LEO.

AND I'M, I WAS ALSO HAPPY TO HAVE ONE OF MY POLICY RESOLUTIONS TO ADVOCATE FOR THE PASSAGE OF THE OUTDOORS FOR ALL ACT, WHICH WILL HELP TO TRY TO DRIVE DOLLARS FOR PARKS AND OUTDOOR RECREATION OPPORTUNITIES FROM A FEDERAL LEVEL PASSED BY THE NLC BOARD OF DIRECTORS.

SO, UM, REALLY, UH, EXCITED ABOUT THE WORK WE'RE DOING AT, UH, NATIONAL LEAGUE OF CITIES AND THROUGH NBC LEO CONTINUE PRAYERS FOR MS. CYNTHIA BENNETT ON THE UNFORTUNATE, UH, LOSS OF HER DAUGHTER.

LAUREN, I ATTENDED THE FUNERAL ON TODAY, WAS WELL ATTENDED, AND IT SHOWED JUST HOW MUCH SHE WAS, UH, LOVED AND CHERISHED.

UH, AND I WAS ABLE TO, UH, HUG CYNTHIA, UH, AFTER THE FUNERAL.

AND, UH, SHE'S SEEMINGLY, YOU KNOW, TAKING THIS, OF COURSE HARD, BUT STANDING STRONG.

UM, AND I, WE CONTINUE TO STAND IN PRAYER WITH HER.

ALSO, CONTIN, UH, CONDOLENCES TO MY FAM TO THE FAMILY, AND MY OF MY FRIEND, LONGTIME CITY OF HOUSTON, UH, YOU KNOW, WORKER AS WELL AS COMMUNITY ADVOCATE.

UH, ALVIN BYRD, WHO PASSED AWAY ON TODAY.

VERY, VERY TOUGH LOSS.

AND, UH, WE'LL, HE'LL, HE'LL DEFINITELY BE MISSED.

I WANNA GIVE A SHOUT OUT AND HAPPY, UH, BELATED FOUNDER DAY TO THE LADIES OF SIGMA GAMMA ROLL, WHO CELEBRATED 101 YEARS OF SERVICE TO THE COMMUNITY.

AND OF COURSE, THE GOOD BROTHERS OF OMEGA SAPPHIRE FRATERNITY INCORPORATED, WHO CELEBRATED 112 YEARS IS OF EXEMPLIFYING.

DON'T CALL BACK THERE, SIR, OF EXEMPLIFYING OUR FOUR CARDINAL PRINCIPLES OF MANHOOD, SCHOLARSHIP, PERSEVERANCE, AND UPLIFT, UH, ROOT TO THE GOOD BROTHERS.

UH, LASTLY, I JUST WANT TO TALK ABOUT THE FACT THAT I'M VERY HAPPY THAT ONCE AGAIN, UH, WE, UH, SHOWED JUST HOW MUCH WE CHERISH OUR EMPLOYEES, UH, AND INVEST IN OUR EMPLOYEES BY THE PASSAGE OF THIS, UH, NEW PROGRAM, FIRST OF A KIND PROGRAM IN MISSOURI CITY, UH, LONGEVITY PROGRAM.

I WANNA THANK YOU, CITY MANAGER, AND, UH, YOU KNOW, SHAUNA, UH, OUR CITY, UH, UH, HUMAN HUMAN RESOURCES DIRECTOR FOR, UH, BRINGING THIS UP TO US SO THAT WE CAN SHOW JUST HOW MUCH WE VALUE ALL OF OUR EMPLOYEES.

HAPPY THANKSGIVING, EVERYBODY.

COUNCIL MEMBER DISTRICT.

I'M TRYING TO THINK OF, SEE, I WAS GONNA SAY SOMETHING IN GREEK JUST TO TOP THAT, .

UM, I KNOW THERE WAS A LOT OF FOCUS ON THE FOOTBALL PLAYERS, BUT, UM, YOU KNOW, MAY, MAY LAUREN'S MEMORY BE ETERNAL.

SHE ACTUALLY USED TO LIVE IN MY NEIGHBORHOOD, MS. BENNETT DID, SO SHE WAS REAL CLOSE TO HOME.

UM, I LOVE YOUR COMMENTS ABOUT THE BEAUTY SUPPLY.

HAD IT NOT BEEN FOR A GREAT LANDLORD LIKE MR. SAW, HAD IT NOT BEEN FOR A GREAT INVESTOR AND NOT BEEN FOR THE CITY OF MISSOURI CITY TO STEP FORWARD AND HELP WITH TOURS AND ALL THOSE THINGS THAT BEAUTY SUPPLY STORE WOULD BE THERE.

SO THANK YOU ALL FOR ALL YOU DO TO BRING IN GREAT, UH, BUSINESSES.

UM, THE MAYOR AND MAYOR PRO TEM AND I ATTENDED THE FIRE RESCUE AWARD CEREMONY.

IT WAS AMAZING PACKED HOUSE, FAMILY CELEBRATING THEIR LOVED ONES.

THEIR HEROES ARE HEROES.

I WANNA CONGRATULATE MS. H JASO FOR FIREFIGHTER OF THE YEAR.

UH, HE OR SHE'S A WORKHORSE AND, AND A FANTASTIC FIREFIGHTER.

CONGRATS.

CHIEF HAGER.

NOT ONLY CAN HE COOK BARBECUE, BUT HE IS, UH, THE, UH, LIFETIME ACHIEVEMENT AWARD FOR 50 YEARS WITH THE CITY OF MISSOURI CITY AND IN FIRE.

AND, UM, THE MAYOR HAD A GREAT VIDEO ON, ARE YOU WORTH IT? AND I THOUGHT THAT WENT A LONG WAY.

SO THANK YOU.

HAPPY THANKSGIVING.

THANK YOU.

UH, I HAVE JUST SEVERAL, UH, ITEMS. UH, I ALSO ATTENDED THE, UH, MAID, UH, TURKEY, UH, UH, BREAKFAST.

WELL, IT ACTUALLY WAS LUNCH, UH, IN HONOR OF OUR VETERANS.

UH, AND, UH, UNFORTUNATELY I HAD TOO MANY TURKEY, UH, PRESENTATIONS TO GO

[01:30:01]

TO THANKSGIVING PRESENTATIONS.

SO, UH, IT, UH, I'M, I'M NOT SURE THAT I'M GONNA BE ABLE TO HAVE A THANKSGIVING TURKEY AT THE HOUSE.

.

UH, WE HAD, UH, THE STUFFING, UH, THE, THE, UH, THE FIRETRUCK AND POLICE CRUISER, UH, THAT, UH, WENT OVER REAL WELL.

SO AGAIN, THANKS TO, UH, OUR FIRE AND OUR POLICE FOR, UH, BEING A, TO STEPPING UP AND BEING ABLE TO, UH, BRING, UH, SOME, UH, NEEDED, UH, RELIEF TO SOME OF THE, UH, UH, RECIPIENTS OF THE, UH, UH, OF, OF THE, UH, THE FOOD THAT, UH, WE WERE ABLE, THEY WERE ABLE TO COLLECT.

UH, I ATTENDED A, UH, ON A PERSONAL NOTE, I ATTENDED A, A, A SERVICE FOR BOB DITT.

HE WAS A LONGTIME, UH, MISSOURI CITY AND QUAIL VALLEY RESIDENT.

UH, I KNEW HIM WELL.

HE, UH, WAS, UH, REALLY ACTIVE, UH, IN THE QUAIL VALLEY AREA.

SO, UH, HE'LL, HE'LL BE MISSED, UH, BY, BY MANY.

AND I ALSO WITH, UH, UH, COUNCILMAN, UH, UH, MARLI ATTENDED THE FIRE AND RESCUE PING AND, UH, AN AWARDS PRESENTATION THAT WAS, UH, REALLY OUTSTANDING.

THEY PACKED THE, UH, COMMUNITY CENTER, UH, AND, UH, THE FOOD WAS GREAT.

THE CAMARADERIE WAS GREAT, AND THEY WERE ABLE TO GET A FIRETRUCK INTO THE COMMUNITY CENTER, IF YOU CAN BELIEVE THAT.

IT WAS AWESOME.

WE HAD ONE OF THE, IT WASN'T THE BIG LADDER TRUCK, BUT THAT'S PROBABLY NEXT YEAR HE'LL TRY THAT .

BUT THIS YEAR, UH, HE HAD THE, UH, UH, THE FIRETRUCK IN THERE.

YEAH, NO SCRATCHES ON IT.

SO, UH, UH, IT WAS, UH, QUITE AN, AN EVENT.

AND, UH, I WANT TO THANK, UH, FIRE POLICE FOR PUTTING THAT TOGETHER.

UH, BUT OBVIOUSLY IT WAS FOR THE FIRE FOR THEIR PENDING AND AWARDS.

AND WITH THAT, UH, I STILL HAVE PARTY FOUR SECONDS, WHICH IS A RECORD .

SO, UH, SO WE, UH, WE DON'T HAVE, UH, A CLOSED EXECUTIVE SESSION, IS THAT CORRECT? THAT'S CORRECT.

UH, SO WE RECONVENE, UH, AND, UH, HAVE A GOOD THANKSGIVING.

UH, AND, UH, AGAIN, DON'T EAT TOO MUCH TURKEY.

8 55 AT 8 55.