July 6th City Council Meeting, (Part 3)

Anything else of note?

Citizen Comment

Several citizens showed up to talk about Jennifer Miller again. This issue is gaining momentum, but I’m not exactly clear what the end game is. Mano Amiga has taken it up as a political issue, as evidence of police corruption. Recently there was an attempt to connect the resignation of a city clerk, Kristy Stark, with this case, and it seemed far-fetched to me and possibly slanderous.

If the larger activist goal is to have the police officer Ryan Hartman removed from his position, then I’m comfortable with that. But right now the goal seems to be to drum up as much smoke and obfuscation as possible, and I’m a little worried that Miller’s loved ones are being used as pawns.

Consent Agenda

Item 20, the Elsik tract: SMRF needs the endorsement of City Council to apply for funds from the county to purchase the tract in the name of conservation. SMRF, the San Marcos River Foundation, is an amazing organization that is largely responsible for us having a clear, blue river instead of a murky brown river. One of their major functions is to identify sensitive areas and buy them up, then donate them as parkland. The Elsik tract is located adjacent to Purgatory Creek, and would help create a continuous greenbelt from Purgatory Creek up to Spring Lake, which is part of the Parks Master Plan.

This Purgatory-Elsik area is particularly sensitive because it’s all porous limestone. It’s just a straight sieve down to the water recharge zone for the river. This is how your river turns brown – you dump pollution in the recharge zone. Ok, fine.

There was a sentence in the application to City Council: ““City supports the possible transfer of the land to the city, including development, management, and maintenance.”

Mayor Hughson took issue with this sentence in a way that I found contrary and ornery. She doesn’t want the city to be on the hook for the development of the park without further discussion. Fine – she thinks it merits discussion. That’s reasonable. But it says possible transfer – doesn’t that only imply that there will be a discussion?

Hughson moves that that sentence be struck.

In favor: Hughson, Gleason, Scott, and Garza.
Opposed: Derrick, Gonzalez, Baker

So that amendment passes, which consequently weakens the SMRF application to the county for the money. Way to go, Mayor.

Once that passes, Commissioner Scott talks a bit of shit about SMRF and how he just doesn’t trust them. This is why he’s an ass.

(The basic resolution passes 6-1.)

Observation: Garza is hard to pigeon-hole. Mostly presents herself as extremely progressive, but then votes to strike this line, and to delay the ethics vote. But any time she advocates for an issue, she is thoughtful and thinking about vulnerable community members with the fewest resources.

Maybe that’s the common thread: she’s progressive about seeing the world through the lens of vulnerable community members and overly heavy policing. But she’s less progressive about the environment?

Public Hearings:

Item 26: Land Development Code updates: a bit of discussion on storing inoperable vehicles. If they’re vintage, why not have all the fluids drained so that they can be stored without risk of pollution? This is Councilmember Scott’s amendment, and it passes.

Non-Consent Agenda:

Item 30: Spearguns Surprise! State law pre-empts us from requiring a permit for any hand-powered device! What an obnoxious twist. We can’t even make a clause about portions of the river which are heavily used for swimming. You can spearfish any goddamn place you want, at any time you want, as long as your spear is not motor-propelled.

There’s a short discussion about whether to repeal the current ordinance today, or wait to revise it into compliance with State Law.

Repeal fails, 4-3.

Pro-repeal: Scott, Gleason, Garza
Anti-repeal: Hughson, Baker, Derrick, Gonzalez

(See! Another – albeit mild – example of Garza siding unpredictably!)

Item 43: Council will be back in person starting in August. (Surprise twist! Texas recently ended the suspension of TOMA to allow for zoom meetings, and so everyone would have to return in September anyway.)

Some councilmembers are very freaked out by the Delta variant, in ways that are highly sympathetic but probably out of proportion to the science.

Staff will continue to zoom in for presentations. Two reasons: First, to reduce crowdedness in the chambers and allow for more community members to show up instead. Second, so that the poor city staff and presenters don’t have to hang out at City Hall until 11 pm or 1 am in order to deliver a 20 minute presentation. Seems eminently reasonable.

Community members will be allowed to zoom in for Citizen Comment.

Note: During these meetings, they use the word “citizen” interchangeably with “the public”. I’m trying to avoid using the word “citizen”, in favor of “community member”, because I DGAF whether you’re documented or not.

Sometimes I slip up. “Citizens” rolls off the tongue. But I’m always intending to say “community members”.

Item 44: Authorize a study on the actual occupancy rates of student housing – both purpose-built and older complexes that are marketed to students.

YES YES YES! This would be incredibly helpful information to have.

There is a widespread belief that we’re incredibly overbuilt on student housing. The idea is that developers are motivated to build the latest, newest, shiny apartment complex. Students move in because it’s new. Developers sell it off after three years to some chump who then can’t rent it out very well.

Here’s where it gets very murky: The story goes that this drives rents up across the city. Apartment complexes that market to students employ rent-by-the-bedroom, so a four bedroom unit goes for $3k, allegedly. This allows other landlords to peg rents to that, even in regular family apartments and rental housing. We have insufficient stock of family housing and it’s overpriced.

In other words we are simultaneously claiming:

  1. Student apartment complexes charge $3k/month for a 4 bedroom rent-by-the-room apartment
  2. Student apartment complexes are wildly underfilled and run huge promotional campaigns for multiple months of free rent, free food, and all sorts of perks because we’re so overbuilt.
  3. Non-student housing piggybacks on the inflated rents, but lacks the glut of extra supply. Thus families can’t find affordable housing.

I am highly skeptical that (3) is piggybacking on (1) and (2). If we lack family housing stock, then landlords will charge as much as they can get away with. Period.

The murkiness continues: If we get developers to stop building student housing, then everyone will win. Somehow this will affect rents coming down.

The only way rents will come down is if we build a lot more family housing stock. And in fact, massive tracts to the east have recently been zoned for multi-family and workforce housing sorts of plans. But it will take a long time for these things to be built.

Here is the proper way to understand the council’s reasoning:

  1. This study will reveal that we’re massively overbuilt on student housing.
  2. Therefore we will be justified in finding new ways to prevent more student housing from being built.
  3. Then developers will preferentially choose to build family housing instead.
  4. Then rents for families will come down.

I am hugely in favor of conducting this study, but skeptical that this is an efficient route to build up family housing. My opinion is that this is what’s actually going on:

  1. We hate student housing because it’s obnoxious.
  2. Rents on families are too high.
  3. We also hate it when students live outside of student housing, in regular neighborhoods.
  4. We really just don’t like students!

The problem of partying students is half-real and half-imaginary bugaboo. The solution is to:

  • fully fund code enforcement,
  • hold landlords accountable, and
  • regulate the scale of apartment complexes so that families don’t have to live next to sprawling acreage of apartments. A 4-plex or 8-plex is very different from a 5000-plex.

Unfortunately, no one listens to me. I should start a blog!

And that’s a wrap for the July 6th meeting!

City Council Elections – Place 6

Tis the season of declarations. I recently got a mailer for Mark Rockey/moore, running for Place 6, which is Melissa Der/rick’s seat.

Markey/moore was on council until last November, when he lost to Shane Sc/ott. I wasn’t watching council regularly, so I don’t have as firm an impression of him as I would like to. But he presents himself as a very progressive guy.

Der/rick is one of our strongest councilmembers, though, and ideologically in the same boat. Does this mean she’s not running? That would make me really sad, although I could understand if she’s getting burnt out on the job.

Anyway, stay tuned for more announcements of who is running…

July 6th City Council Meeting, (Part 2)

The next recurring theme was a large amount of money to be allocated, across different items.

  • Items 35-36, $9 million from American Rescue Plan Fund (and it sounds like there will be 9 million more, next summer.)
  • Item 40, $800K in CBDG proposals for the 21-22 fiscal year
  • Item 41, $1 million in utility assistance

So these were quite a lot of fun – feeling flush with cash and able to grant all the wishes to all these nonprofits. Down with austerity and belt-tightening!

  1. On the first, the American Rescue Plan Fund:

– they argued about whether tourism and marketing should get quite such a big cut. It seems that this sector is limited in where they can seek funds, and they did take quite a hit during COVID. But maybe not quite as much as was proposed. ($282K)

– they argued a bit about Briarwood, a neighborhood outside of city limits that suffers severe flooding, in part because of how San Marcos has been developing. There’s a 2.5 million stormwater mitigation project there. They managed to thread the needle on that one – postpone it by three months and fund it from several spots.

– A lot of small projects got some money: Southside Community Center, bilingual outreach and communications, KZSM, vaccination outreach, Nosotros la Gente, which provides shoes for local kids. Good feelings all around.

2. On the CBDG funds, nearly everything got funded besides Roland Saucedo’s proposal, which is seeemingly why they chipped in for him in the previous funds.

3. The Utility Assistance fund is interesting. They’ve paid out about 20% of what’s available, and they’re all concerned that people aren’t applying. City staff was put on the defensive about their outreach efforts.

– Everyone who is past due gets a letter with info on how to apply. If the city has an email address, they send an email too.
– The city has reached out to the Food Bank and SMCISD.
– The application was made fairly short – just one page.
– Disconnections have been suspended during the pandemic, but there will be a date set to resume disconnections.

Criticisms:

– how about going through the churches? Commissioner Gonzalez says that he has to KEEP directing city to this and they never do.
– Commissioner Gleason, Commissioner Derrick, and Mayor Hughson all feel like until you send them notice of disconnection, no one will be very motivated to apply.
– Commissioner Garza talks about how people (meaning the Hispanic community) are more likely to just tighten their belts, out of not wanting to take more than their fair share, and that they’ll want to save the funds for someone who REALLY needs it.

Commissioner Scott, actually, was strongest on this: “Can’t we just see who is past due and pay off their balance without them having to apply?”

Hughson concern-trolled about undeserving people who have the money and could pay. Nothing Texas hates more than someone receiving some crumbs when they could have scraped by without them. Garza is enthusiastic about this proposal.

Scott’s proposal – just pay off the deliquent accounts – has to be put on the agenda and brought back as an item, because it didn’t fit onto the existing agenda. So it still could happen.

As an aside: there’s an ongoing dynamic where City Council and Lumbreras are perpetually exasperated with each other. It goes like this:

  1. Council frequently acts like he has done something incompetent.
  2. He then defensively retorts that they tied his hands in the way they made the request.

I am not sure yet who is being a jerk, or if there’s blame to spread to both. Mayor Hughson herself is a generally prickly person, and it often doesn’t mean anything.

All three topics will be finalized at some point in August.

July 6th City Council Meeting, (Part 1)

The most confounding item – and ultimately anticlimactic – was the Lobbyist Registration measure. Where to begin.

This is Commissioner Baker’s ordinance. It came out of a committee that spent six months or so researching and writing it. The key provisions are:

  • You are a lobbyist if you are paid to make contact with a city official or city staff, or if you stand to profit from an issue
  • If you want to make contact and try to persuade an official on an issue, you must register as a lobbyist, and then report all contacts every two months.
  • There are some exclusions – private citizens are allowed to speak up about zoning issues, for example, without registering.

In Citizen Comment, about 18 people spoke up against the ordinance. They were mad that it’s onerous, would stifle speech and business, etc etc.

The item comes up, and instantly both Commissioner Scott and Commissioner Baker mumble motions into their microphones, but Mayor Hughson sides with Scott and gives him the floor. He moves to postpone the agenda item until November 3rd, which is after the election, and so there will be new councilmembers.

Recall that at the June 1st meeting, they debated postponing this endlessly. It was tiresome! And it failed! And yet we’re right back there.

Commissioner Baker is furious and lights into Commissioner Scott, who has openly mocked the Ethics Review Commission on other occasions. Mayor Hughson reprimands Baker to stay on topic, and Baker argues that this is entirely relevant, and the two of them get entertainingly snippy with each other around the 1:40 mark, (should you feel like listening to grown ups act like cranky children for yourself. It goes on and on! Hughson comes off looking like an overly controlling parent who wants to micromanage her sprog.)

Commissioner Scott can’t really explain why he wants to postpone. First he says, “So it can be re-written”, but he is reminded that it can’t be re-written on postponement. Then he says that he can review it with other people, which is unsatisfying.

Commissioner Derrick points out that it seems like this is an attempt to get a new city council in place first. (Who is up for election? I’m not sure. Garza, Scott, Gleason and Mayor Hughson were all elected last year. So some portion of Baker, Derrick, and Gonzalez could be up.)

Apparently CLEAT (Combined Law Enforcement Associations of Texas) wrote a letter to the paper which had enough errors that the City Manager, Bert Lumbreras, felt compelled to write a response to the paper to clarify the errors. The key refutations were:

  • This does not prohibit free speech. It just requires registration
  • SMPOA and the Firefighters Org were specifically mentioned in order to clarify their status, but if their names are removed, they’re still included as meeting the definition of “lobbyist”.

This detail is so bizarre that we should dwell on it for a moment. In the original proposed ordinance, SMPOA and the Firefighters Org are explicitly named as lobbyists, and no other organization is named. It’s such an inflammatory way to write the ordinance that it borders on self-sabotage. Who actually chose to explicitly name those two groups? Was it someone who wants the ordinance to pass, or was it someone on staff who actually does not want the ordinance to pass?

I truly have no guesses. It’s just such a lightning rod. Such an unforced error if you actually were fighting for this ordinance to pass. (This may have been removed in the latest draft? it’s hard to tell.)

Mayor Hughson wants to massively pare down the ordinance, and make it so that only councilmembers must report. But that’s not up for discussion, since they can only discuss whether to postpone or not.

Councilmember Baker is clawing out of his skin in frustration, and rightly so. The thing that’s most clearly in his favor is that the proposed legislation uses the language of existing lobbyist policies in surrounding cities. It’s nothing special or onerous. The outsized backlash is more damning than anything else, in the sense of raising my eyebrows and making me wonder what exactly people are trying to hide.

A persistent exchange is one where the someone yelps, “but why? why do we need this when there’s no problem?!” and Baker patiently explains, “We don’t actually know if there’s a problem because it’s all shrouded in secrecy and hidden right now. That’s why we need this.”

Finally it’s time to vote.

Postpone: Scott, Gonzalez, Gleason, Hughson, and Garza all vote to postpone.

Against: Only Derrick and Baker.

Garza gave a very naive speech about how she favors the ordinance, but maybe we can use the next four months to educate people and bring them around.

There is a real point, buried in the flotsam: that paperwork – or the specter of paperwork – will inhibit participation from a largely uninvolved batch of citizens. Behavior is shaped by gentle nudges, and if you’ve vaguely heard that there’s red tape surrounding making contact with council, it could easily dissuade a mostly-checked-out community member from speaking up when there’s an issue that actually does affect them. That would be a worthwhile discussion to hold.

However, postponing discussion is how you drown legislation in the bathtub, and this move is not happening in good faith. But that’s what it is. I told you it was anticlimactic.

Previewing the Agenda: July 6th, 2021

This is going to be a doozy. They need to meet weekly, and instead they’re meeting monthly during June and July. Poor shmucks will be up meeting till dawn!

I don’t actually think anything is that controversial here? Perhaps it won’t be as long as I fear.

Consent Agenda:

1. Approval of the minutes from the past few meetings
2-5. Annexing and rezoning the land behind the outlet malls to be those funny little apartment-houses.
6. State Seized Asset Fund for police.
7. Registration of lobbyists and disclosure form
8-9. Dump trucks and semi-tractor, $750K, some other vehicles for Streets Division of the Public Works Department
10. Contract with LoneStar Paving, $260K
11. Agreement with the university on a raised water tank somehow involved in fire suppression
12-13. Hydroexcavator for $333K
14. CenturyTel contract, $125k
15. Whisper South PID
16. Utility Billing change in service, 125K for this year, 300K/year for the next three
17-18. Mowers for parks board, $137K
19. Support for El Centro to create a plaza and collaborate with city on it
20. SM/RF to apply for Parks Bond funds to acquire 102 acres, the Elsik Tract
21. Water main replacement shared cost – Developer Participation Agreement – <$200K.
22. Purchase of 10 acres at the end of San Antonio street
23. Annexation of 8 acres near the outlet mall
24. Sustainability Committee Purpose Statement
25. Homeless Committee Purpose Statement

Public Hearings:

26. Land Development Code edits
27. Modifying the apartment complex that gets attached to La Cima
28. CBDG reallocation plan

Non-consent Agenda:

29. Cemetery policies
30. Spearguns without permits
31. New municipal judge
32-33. Code of ethics updates
34. Purchasing .11 acres on River Road for flood mitigation projects
35-36. Amending the current budget to include, and allocate, Rescue Plan Funds
37. $640K on Covid mitigation funds
38-39. Election agreement with the county for this November
40. proposed activities totalling $823K of 21-22 CDBG action plan
41. Utility assistance
42. HPC, more signage
43. Returning to in person meetings!!
44. Study occupancy rates of both Purpose Built Student Housing and traditional student apartments