[Quality of Life Committee on August 18, 2025.]
[00:00:14]
MY NAME IS JULIAN RAMIREZ.I AM CHAIR OF THE QUALITY OF LIFE COMMITTEE AND ALSO A COUNCIL MEMBER IN THE AT LARGE ONE POSITION.
I'LL BE CONDUCTING THIS MEETING.
WE'LL CALL THE MEETING TO ORDER AT 10 0 3.
WE HAVE A FEW PEOPLE ONLINE, UH, WATCHING IN WITH US.
WE HAVE A COUPLE OF ITEMS ON THE AGENDA TODAY.
AND FIRST, LET ME RECOGNIZE ACTUALLY THE FOLKS WHO ARE HERE.
WE HAVE WITH US, UH, COUNCIL MEMBER, VICE MAYOR, PRO TEM, AMY PECK, PRESENT IN THE CHAMBERS.
WE HAVE STAFF FROM COUNCIL MEMBER ABBY CAYMAN'S, OFFICE COUNCIL MEMBER TIFFANY THOMAS'S, OFFICE COUNCIL MEMBER, JOAQUIN MARTINEZ'S, OFFICE COUNCIL MEMBER SALLY ALCORN'S OFFICE, AS WELL AS ONLINE.
WE HAVE STAFF FROM COUNCIL MEMBER FLICKINGER, JACKSON, CASTEX, TATER, AND TATUM, I'M SORRY, AND PLUMBER.
SO, AT THE OUTSET, I WANT TO MENTION THAT, UH, LATE LAST WEEK, THERE WAS AN ITEM ON THE AGENDA THAT WAS PULLED BY THE ADMINISTRATION AND THAT HAD TO DEAL WITH THE HERMAN PARK CONSERVANCY.
UNFORTUNATELY, WE WILL NOT BE ABLE TO HEAR A PRESENTATION FROM THE HERMAN PARK CONSERVANCY THIS MORNING.
HOWEVER, I DO WANT YOU TO KNOW THAT THERE WILL BE AN OPEN HOUSE AT THE GOLF COURSE CLUBHOUSE THIS WEDNESDAY EVENING.
UM, AND I ENCOURAGE ANYBODY WHO'S INTERESTED IN THE CHANGES THERE AT THE GOLF COURSE TO TRY TO ATTEND THAT.
WE MAY, IN THIS COMMITTEE TAKE UP, UH, CHANGES AT THE, AT, AT HERMAN PARK, UH, AT A LATER TIME, BUT WE WON'T BE ABLE TO DO THAT THIS MORNING.
UNFORTUNATELY, I KNOW THAT, UH, THERE ARE A FEW PEOPLE IN THE AUDIENCE WHO HAD COME TO LISTEN TO THAT PRESENTATION AND PLAN ON GIVING PUBLIC COMMENTS.
SO IN DEFERENCE TO THAT, I'M GONNA ALLOW, UH, THOSE MEMBERS OF THE PUBLIC WHO WOULD LIKE TO OFFER COMMENT ON THE CHANGES, UH, PROPOSED FOR HERMAN PARK TO DO THAT AT THE BEGINNING OF THE MEETING, RATHER THAN HAVING TO WAIT TILL THE END OF THE MEETING.
SO, UH, WE HAVE A LIST OF A FEW PEOPLE WHO HAVE SIGNED UP TO OFFER PUBLIC COMMENT.
UM, BERT GRAHAM, UH, BERT, I KNOW YOU HAVE, UH, EXPRESSED AN INTEREST IN OFFERING COMMENT ABOUT THE, UH, CHANGES AT HERMAN PARK.
SO WHY DON'T YOU COME FORWARD? DO YOU WANT THREE MINUTES OR THREE MINUTES? AND I'LL LET YOU DO THAT AT THIS TIME.
AND, UH, LET'S RAISE THE PODIUM FOR BERT SINCE HE'LL BE STANDING.
AND THAT MICROPHONE TO YOUR RIGHT OH, IS LIVE.
IT'S GOT THE, THE RED LIGHT ON, SO WE'RE GONNA RAISE THE PODIUM FOR YOU.
UM, I, I, I HAVE SOME CONCERNS ABOUT THE PLANNED UPDATE.
UM, I PLAYED MY FIRST ROUND OF GOLF EVER IN MY LIFE THERE AT HERMAN PARK, 1958.
AND A FRIEND OF MINE SAID, LET'S GO OUT THERE AND PLAY GOLF.
SO I GOT MY DAD'S QUIVER, BASICALLY WITH A FEW CLUBS AND WENT OUT THERE.
ONE OF THE CLUBS WAS A DRIVER, WHICH IS THE MAIN REASON I'M TALKING TODAY, BECAUSE ONE OF THOSE HOLES, I HIT THE DRIVER, WHICH FOR THOSE THAT DON'T PLAY GOLF, IT'S A BIG BALL OF, UH, UH, WOOD OR METAL AT THE END OF THE CLUB, CONTRARY OR DIFFERENT THAN AN IRON THAT'S JUST A SLIVER OF METAL.
AND I HIT THAT DRIVER SOLID ONE TIME, AND IT CHANGED MY GOLF LIFE FOR SURE.
IT, IT SENT A CHARGE UP MY ARMS, INTO MY SHOULDERS, INTO MY, INTO MY CHEST, AND INTO MY SOUL, BASICALLY.
AND IF YOU DON'T PLAY GOLF, YOU MIGHT THINK IT'S A SILLY DESCRIPTION, BUT IF YOU PLAY GOLF, YOU KNOW WHAT I MEAN, IT'S RARE TO HIT ONE THAT'S SOLID, AT LEAST FOR ME.
UH, BUT IT BROUGHT ME BACK TIME AFTER TIME THROUGH MY LIFE TO TRY TO DO THAT AGAIN.
AND EVERY NOW AND THEN I SUCCEED.
UH, YOU CAN'T GET THAT FEELING WITH AN IRON, WHICH IS ANOTHER CLUB THAT'S USED IN GOLF, THAT'S A SMALL PLATE OF, OF METAL THAT DOESN'T GIVE THAT SAME TWA FEELING OR SOUND OR WHATEVER IT IS WHEN YOU HIT IT,
[00:05:01]
THAT SENDS THE ENDORPHINS OFF INTO YOUR BODY.UH, IT JUST DOESN'T DO THE SAME THING.
AND MY CONCERN IS THAT THIS UPGRADE IS REALLY GONNA BE A DOWNGRADE, UH, BECAUSE AS I UNDERSTAND IT, THE PLAN IS TO DO AWAY WITH NINE HOLES OF THE GOLF COURSE AND REPLACE IT WITH NINE THREE PAR HOLES, WHICH MEANS NO DRIVERS IN USE ON ANY OF THOSE NEW NINE THREE PARTS.
SO YOU ONLY GET TO HIT, UM, SEVEN DRIVES THE ENTIRE ROUND IF YOU PLAY 18.
I IMAGINE MOST PEOPLE WON'T BOTHER TO PLAY 18 ANYMORE.
PEOPLE BE MAKING PAR 60 AND THINGS, AND I KNOW THE LADIES THAT ARE HERE, UH, ARE CONCERNED THAT THEIR CLUB MAY NOT BE ABLE TO PLAY THERE ANYMORE, OR WOULDN'T WANNA PLAY THAT KIND OF A COURSE IN A TOURNAMENT.
SO I REALIZE THERE'S NEEDS, OTHER NEEDS, I GUESS, FOR, UH, FOR THE, FOR THE, FOR THE COURSE.
BUT I JUST HATE TO SEE THE MAIN ATTRACTION, WHICH IS BEING ABLE TO DRIVE THE BALL, WHICH BRINGS MOST PEOPLE OUT TO PLAY GOLF.
MOST OF THE SCORES ARE DONE WITH THE SMALL CLUBS, THE PUTTER AND THE IRONS TO SCORE.
WELL, YOU NEED TO DO THOSE SHOTS WELL, BUT IN ORDER TO HAVE THE MOST FUN, YOU GET THAT FEELING WHEN YOU HIT A DR A DRIVER SOLID.
I DON'T THINK PEOPLE ARE GONNA COME OUT AND PLAY THERE LIKE THEY HAVE BEEN.
I WAS OUT THERE SUNDAY JUST WALKING AND, UM, THE COURSE WAS FULL OF PEOPLE.
IT WAS A HUNDRED DEGREES AND THEY WERE, EVERY HOLE HAD PEOPLE ON IT.
UH, I WOULD HOPE THERE'S SOME WAY THEY CAN FIGURE TO, I MEAN, THEY COULD DOUBLE THE SIZE OF THE, UM, UH, OF THE DRIVING RANGE BY ADDING A SECOND STORY SINCE THAT'S PART OF THEIR PLAN, I DON'T SEE WHY THEY'D HAVE TO SPREAD IT OUT SO MUCH.
SEEMED LIKE THEY COULD ADD A SECOND STORY WHERE IT IS NOW.
AND IF THEY HAD TO ADD PARKING GARAGES WHERE THE PARKING IS NOW, IT SEEMED LIKE THEY COULD DO THAT SMALL PERIMETER, BUT, YOU KNOW, STACK IT AS HIGH AS YOU NEED TO.
I JUST HATE TO SEE A HISTORIC COURSE RUINED BY MAKING IT A NOVELTY, AN AMUSEMENT PARK, WHATEVER IT IS, IT'S NOT GOLF.
APPRECIATE, UH, YOUR BEING HERE.
AND, UH, MA'AM, IF YOU WANT TO COME FORWARD AND TELL US YOUR NAME AND, UH, MY NAME IS GRACE SIMPSON.
AND I ACTUALLY PLAY WITH A WOMEN'S LEAGUE THERE ON WEDNESDAYS.
I ACTUALLY JUST JOINED THEM ABOUT A YEAR AND A HALF AGO.
AND, UM, AS FAR AS I KNOW, THAT'S REALLY THE ONLY PLACE RIGHT NOW THAT THE WOMEN PLAY LEAGUE HERE IN HOUSTON ITSELF.
WE CAN'T PLAY AT MEMORIAL BECAUSE NOT EVERYBODY'S REALLY, IF YOU DON'T LIVE IN HOUSTON, YOU PAY $120 TO PLAY AT MEMORIAL.
SO ONLY THE PEOPLE WHO LIVE RIGHT IN HOUSTON CAN PLAY AND PAY $30 AS OPPOSED TO $120.
AND IF YOU TAKE AWAY, YOU KNOW, I CAN SEE MAKING CHANGES TO THE GOLF COURSE, BUT WHY TAKE AWAY THE 18 HOLE GOLF COURSE BAR THREES? WE HAVE PAR THREES, WE HAVE EAST RIVER NINE THAT HAS THE PAR THREES RIGHT NOW, AND, YOU KNOW, UM, IT'S A LITTLE BIT MORE EXPENSIVE TO PLAY PAR THREES ALSO.
AND SO YOU'RE GONNA HAVE NINE HOLES OF REGULAR GOLF AND NINE HOLES OF EXECUTIVE PAR THREE, WHICH DOESN'T HELP US BECAUSE THAT CANNOT, THAT'S NOT PART OF GOLF.
WHEN WE PUT OUR SCORES INTO THE GYM WHERE WE GET OUR HANDICAPS, THAT DOESN'T COUNT.
SO, UM, IF YOU'RE GONNA MAKE CHANGES, IT'S KINDA LIKE A JOKE FOR ME BECAUSE IT'S REALLY HARD TO PLAY FOR ME AT, UM, HERMAN PARK BECAUSE OF ALL THE WATER.
SO IF YOU WANNA MAKE CHANGES TO IT, TAKE A LITTLE BIT OUT OF, TAKE SOME OF THE LAKES OUT
BUT, YOU KNOW, IT'S, IT'S, IT IS HISTORICAL.
IT'S ALSO A PLACE WHERE A LOT OF PEOPLE PLAY.
AND SO, YOU KNOW, WE DIDN'T KNOW ANYTHING ABOUT THESE CHANGES UNTIL I WAS ACTUALLY IN THE PHILIPPINES VACATIONING AND I GET AN EMAIL SAYING THAT THEY'RE CLOSING HERMAN PARK.
NOBODY KNEW ANYTHING ABOUT IT.
THE PEOPLE WHO WORK AT HERMAN PARK GOT THE PINK SLIPS SAYING THAT, UM, THEY DIDN'T EVEN KNOW WHEN THEIR LAST DAY WAS GONNA BE.
SO THERE WAS NO OPEN TALK ABOUT IT.
NOBODY KNEW ANYTHING ABOUT IT.
SO TO US, THIS WAS A VERY, VERY BIG SURPRISE.
SO IF WE CAN DO SOMETHING ABOUT IT AND NOT CHANGE IT TO WHAT THEY'RE PLANNING ON DOING, WE'RE JUST BEGGING YOU GUYS
[00:10:01]
THAT THIS IS THE ONLY PLACE THAT WE CAN PLAY.GRACE, THANK YOU FOR YOUR COMMENT.
I HAVE A COUPLE, UH, QUESTIONS FOR CLARIFICATION.
UH, YOU MENTIONED THAT, UM, THE ONLY OTHER OPTION FOR TOURNAMENT PLAY IS MEMORIAL.
UM, HOW EASY OR DIFFICULT IS IT FOR FOLKS TO, TO GET A TEE TIME AT MEMORIAL? IT'S VERY HARD RIGHT NOW.
I, IT'S, I MEAN, IT TAKES FOREVER FOR US TO, YOU GO ONLINE, YOU MAKE RESERVATIONS AND, UM, IT'S, IT'S DIFFICULT.
I GUESS WE COULD PLAY AT GUS WORTHHAM TOO, BUT GUS WORTHHAM DOESN'T HAVE THE BIG, UH, ROOM FOR, IF WE HAVE THE LEAGUES, ALL THE LADIES LEAGUES THAT PLAY, UM, THEN WE NEED A BIG ROOM.
SO WE HAVE OUR LUNCHEON OR YOU KNOW, AND ALL THOSE THINGS.
AND, UM, AND ACTUALLY WE PLAY ON WEDNESDAYS AND GUS WAR THEM DOES NOT OPEN UNTIL 11 O'CLOCK IN THE MORNING ON WEDNESDAYS.
THE, THE LEAGUES THAT YOU PLAY IN, HOW MANY, HOW MANY, UH, PEOPLE ARE WE TALKING WHO PLAY IN THOSE LEAGUES? WELL, THERE'S A LOT, THERE'S A LOT OF LEAGUES FROM ALL OVER TEXAS AND WE PLAY AGAINST EACH OTHER.
OUR, OUR GROUP ITSELF IS IN HOUSTON, AND THEN THERE'S OTHER PLACES LIKE, UM, ALL OVER TEXAS AND THEN WE PLAY AGAINST EACH OTHER AND THERE IS ONE MONTH OUTTA THE YEAR OR TWO MONTHS OUTTA THE YEAR THAT WE PLAY AT SOMEBODY'S GOLF COURSE AND ALL OF US COME TOGETHER THERE AND PLAY AGAINST EACH OTHER.
HOW MANY LOCAL PLAYERS WOULD YOU SAY PLAY IN THE TOURNAMENTS IN OURS? UM, LOCALLY FOR WHERE WE ARE RIGHT NOW AT, UH, AT HERMAN PARK, I THINK WE HAVE ABOUT, I WANNA SAY ABOUT 50, 50 LADIES THAT PLAY THERE.
50 LADIES OR LEAGUES LADIES THAT PLAY FOR ARE THE WOMEN'S LEAGUE.
I DON'T REALLY KNOW ABOUT THE OTHER, THE MEN'S LEAGUE.
I DON'T KNOW THAT MUCH ABOUT THEM, BUT YOU KNOW, UM, FOR THE WOMEN'S LEAGUE THERE'S 50 LADIES I THINK THAT PRETTY MUCH PLAY AT HER AT HERMAN PARK.
AND LET ME ASK YOU AS WELL, UM, SO THE PROPOSED CHANGES ARE NINE HOLES THAT ARE PAR THREE AND NINE REGULAR HOLES.
IS IT POSSIBLE FOR, UH, YOUR LEAGUE'S TOURNAMENT PLAY TO DO THE NINE REGULAR HOLES TWICE? THAT MAY BE, I'M NOT SURE.
SO THAT COULD BE SOMETHING THAT WE COULD LOOK INTO, BUT UM, I'M NOT SURE HOW THAT WORKS WITH HANDICAP AND ALL THAT.
SO I THINK IT NEEDED TO BE AN 18 HOLE, BUT THAT'S ACTUALLY A GOOD QUESTION.
UM, AS I MENTIONED TOO, UH, BURT GRAHAM, THERE WILL BE AN OPEN HOUSE, I BELIEVE IT'S WEDNESDAY EVENING, RIGHT? WHERE PLANS WILL BE LAID OUT AND UH, THERE SHOULD BE PEOPLE THERE WHO ARE, WHO WILL BE ABLE TO ANSWER QUESTIONS AND CERTAINLY RECEIVE FEEDBACK.
SO I WOULD ENCOURAGE YOU IF YOU ARE ABLE TO GO TO THAT OPEN HOUSE AND SHARE YOUR PERSPECTIVE.
AND THERE'S GONNA BE A LOT OF US THERE.
APPRECIATE YOU COMING DOWN THIS MORNING.
THANK YOU FOR GIVING US THE TIME.
CAN YOU ALL HEAR ME PLEASE? YES, I CAN HEAR YOU.
IS THERE ANYONE ELSE WHO WOULD LIKE TO OFFER PUBLIC COMMENT ON THE HERMAN PARK GOLF ITEM? DOMINIC, UH, COME FORWARD.
OKAY, WELL I'M GONNA DIVERGE FIRST, MY NAME'S MC, I'M IN THE COUNCIL OF CHAMBERS AND I CAME ON METRO ON 96 ON THE RED LINE WALK.
SO I DID MY THING TO PRODUCE M TODAY.
ANYWAY, UH, FIRST OF ALL SPEAK, I'M GONNA DIVERGE TO THE SECOND TOPIC AND SAY WE HAVE A PROBLEM, ESPECIALLY ON THE RED LINE OF UN AUTHORIZED PEOPLE SELLING FOOD.
THEY'RE EVEN SELLING, UH, THEY'LL GET, THEY HAVE THE GALL EVEN TO GO ON PLATFORMS AND BUS PLATFORMS TO SELL FOOD.
I THINK THAT MAYOR TIAN KNOWS, I MEAN, CHIEF TIAN KNOWS ABOUT IT, BUT I THINK, I THINK I NEED TO TELL YOU TOO, BECAUSE THOSE ARE CITY ORDINANCES.
GETTING BACK TO HERMAN PARK, JUST LISTENING TO A THOUGHT CAME TO MY MIND IS THAT LEAVE HERMAN PARK ALONE, I MEAN, IMPROVE IT, FINE, BUT I THINK AS I'M A NAVY STONE AND THE THING, THREE THINGS ABOUT HERMAN PARK I KNEW ABOUT WAS THE ZOO, THE TRAIN AND GOLF COURSE, THOSE ARE SIGNATURE THINGS.
MY THING IS THOUGH, WHAT IS THE, UH, WHO, WHAT JURISDICTION COVERS MON, I MEAN, UH, MELROSE PARK, OFF CANINO ROAD, IS THAT A CITY PARK OR IS THAT A COUNTY PARK? BECAUSE THEY HAVE A PAR THREE COURSE THERE.
SO MAYBE THE THING IS LEAVE HERMAN PARK ALONE
[00:15:01]
AND UPGRADE MELROSE'S COURSE AND ADVERTISE IT.AND I THINK THAT MIGHT BE THE BEST OF BOTH WORLDS.
AND LASTLY, I THINK IT'S, YOU GOT JUSTICE HERE NOW.
I THINK I'M MENTION IT BEING ON TAKING THE NORTH END OF THE NORTH, UH, THE RED LINE GOING AND COMING.
AND MY THING IS, I THINK IT'S AN INJUSTICE THAT WE'RE, YOU KNOW, WITH THE CHURCH AND EVERYTHING ELSE AT PLACES LIKE MEMORIAL AND HERMAN PARK GET IMPROVEMENTS, BUT BECAUSE HOW THE CHURCH IS UP, THE CITY DOESN'T HAVE MONEY TO IMPROVE MOODY PARK, WHICH IS BASICALLY A HISPANIC AND LOWER, LOWER INCOME AREA.
AND I'M SURPRISED THE CITY HAS NOT BEEN SUED ON THAT.
AND I THINK THAT'S SOMETHING THAT NEEDS TO BE LOOKED AT.
IS THERE ANYONE ELSE WHO WOULD LIKE TO OFFER COMMENTS SPECIFICALLY ON THE HERMAN PARK ISSUE? ALRIGHT.
WE'LL GO AHEAD AND THEN CONTINUE WITH, UH, THE REGULAR AGENDA.
AND THE FIRST ITEM ON THE REGULAR AGENDA IS GONNA BE THE MUNICIPAL SETTING DESIGNATION APPLICATION PRESENTATION.
SO IF YOU'RE INVOLVED IN THAT, PLEASE COME FORWARD.
AND WHILE WE'RE GETTING SET UP, I WANT TO NOTE THAT WE HAVE ONLINE COUNCIL MEMBER JOAQUIN MARTINEZ, COUNCIL MEMBER MARIAN ANN HUFFMAN AND STAFF FROM COUNCIL MEMBER TWILA CARTER, COUNCIL MEMBER EDWARD POLLARD.
AND, UH, COUNCIL MEMBER EVAN SHABAZZ.
AND WE ALSO HAVE IN THE CHAMBER COUNCIL MEMBER, UH, MARIO CASTILLO.
SO WE HAVE WITH US ON THE MUNICIPAL SETTING DESIGNATION, CASSANDRA WALKER, ADMINISTRATION MANAGER WITH HOUSTON PUBLIC WORKS.
SO, UH, CASSANDRA, WHENEVER YOU'RE READY, YOU CAN, UH, GO AHEAD AND GET STARTED.
HI, I AM CASSANDRA WALKER AND I AM PRESENTING A MUNICIPAL SETTINGS DESIGNATION APPLICATION FOR THE DEPARTMENT OF PUBLIC WORKS.
CASSANDRA, I'M SORRY, IS THERE A WAY YOU COULD MOVE A LITTLE BIT CLOSER TO THE MICROPHONE? I WOULD PREFER TO STAND, IS THAT OKAY? SURE.
UM, CAN YOU RAISE IT A LITTLE BIT MORE? IT GOES TO GO HIGHER.
CAN YOU HEAR ME BETTER NOW, SIR? OKAY.
UM, THE AGENDA FOR TODAY'S, UM, APPLICATION, WE WILL BE DISCUSSING WHAT A, WHAT A MUNICIPAL SET SETTING DESIGNATION IS, WHO THE MSD IMPACTS AND THE STEPS IN THE MSD PROCESS, UM, THE APPLICANT, UM, WHO WILL BE ALSO PROVIDING TECHNICAL ANSWERS TO ANY QUESTIONS THAT YOU MIGHT HAVE FOR THE SPECIFIC SITE AT 1 2 2 8 0 THROUGH 1 2 2 8 8 WEST HEIMER ROAD.
AND WE HAVE THE SENIOR SCIENTIST WHO IS ARUN NPA.
HE WILL ANSWER ANY QUESTIONS THAT YOU ALL MAY HAVE ONCE THE PRESENTATION IS CONCLUDED.
FOR INFORMATION ON ENVIRONMENTAL PROTECTION IN TEXAS, THE STATE OF TEXAS HAS JURISDICTION FOR ENVIRONMENTAL PROTECTION, AND THAT IS OVERSEEN BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TCEQ.
IF YOU HAVE ENVIRONMENTAL COMPLAINTS OR CONCERNS, THE CONTACT NUMBER FOR TCEQ IS 1 8 8 8 7 7 7 3 1 8 6.
AND YOU CAN ALSO REACH THEM ONLINE@TCEQTEXAS.GOV.
THE CITY OF HOUSTON ALSO HAS CONTACTS FOR ENVIRONMENTAL CONCERNS.
YOU CAN CONTACT THE CITY OF HOUSTON BY PHONE AT THREE ONE ONE OR ONLINE@WWW.HOUSTONTX.GOV SLASH 3 1 1.
WHAT IS AN MSDA MUNICIPAL SETTING DESIGNATION IS AN OFFICIAL DESIGNATION THAT CERTIFIES THE PROPERTIES.
GROUNDWATER IS CONTAMINATED AND SHOULD NOT BE USED AS POTABLE WATER NOW OR IN THE FUTURE.
POTABLE WATER IS SAFE FOR HUMAN CONSUMPTION AND IS USED FOR DRINKING, SHOWERING, BATHING, COOKING PURPOSES, OR FOR CROP IRRIGATION.
THIS DE RESTRICTION IS VOLUNTARY AND CAN BE USED AS A TOOL FOR PROPERTY OWNERS TO ADDRESS
[00:20:01]
ENVIRONMENTAL IMPAIRMENTS TO GROUNDWATER AND ALLOW REINVESTMENT AND REDEVELOPMENT OF THE PROPERTY.THIS IS ALSO A PUBLIC HEALTH PROTECTION.
THE DESIGNATION IS ADMINISTERED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND REQUIRES A LOCAL PUBLIC HEARING.
AND THAT IS WHAT WE ARE IN ATTENDANCE FOR RIGHT NOW.
THIS IS A TRANSITIONAL SLIDE AND IT SHOWS THE IMPACT OF GROUNDWATER CONTAMINATION ON A VISUAL, UH, BASIS.
HOUSTON HAS SHALLOW CONTAMINATED GROUNDWATER ACROSS THE CITY.
THIS SOURCE EVENTUALLY SEEPS THROUGH THE SOIL INTO THE SHALLOW GROUNDWATER ZONE AND CREATES A CONTAMINANT PLUME.
ONCE THE SOURCE IS NO LONGER ACTIVELY CONTRIBUTING TO THE PLUME, EITHER FROM THE SOURCE BEING CON REMOVED FROM THE OPERATION, CEASING FROM THE PROPERTY, IT BEGINS TO RETRACT.
TO DEFINE THE AREA OF THE PLUME, THE OWNER INSTALLS A NUMBER OF SAMPLING WELLS THROUGHOUT THE PROPERTY.
THE MSD PROGRAM ADDRESSES WATER THAT IS TYPICALLY 20 TO 60 FEET BELOW THE SURFACE.
GROUNDWATER IS NOT USED FOR DRINKING WATER.
WATER WELLS DESIGNATED FOR DRINKING WATER ARE MUCH DEEPER.
GENERALLY, 600 FEET OR MORE QUARTERLY SAMPLING EVENTS DETERMINE IF THE GROUNDWATER CONTAMINATION IS DECREASING OR STABLE.
NOW THAT THE OWNER KNOWS WHERE THE CONTAMINATION IS, THE OWNER CAN APPLY TO HAVE MSD RESTRICTION PLACED ON THE PROPERTY.
THE D RESTRICTION PROHIBITS USE OF GROUNDWATER TO EVER BE USED FOR DRINKING WATER.
DURING THE MSD PROCESS, THE APPLICANT IS REQUIRED TO VERIFY THAT THERE IS STATE REGULATED DRINKING WATER AVAILABLE.
THE OWNER CANNOT COMFORTABLY PURSUE REDEVELOPING THE SITE WHILE ENSURING THE PUBLIC THAT CONTAMINATED WATER WILL NEVER BE USED AS DRINKING WATER.
THE SITE IS THE FORMER ULTRA FLYING CLEANERS, AND IT'S ON WESTHEIMER ROAD IN HOUSTON.
UM, ANDRO NEWIN IS A SENIOR SCIENTIST WHO CONDUCTED THE ENVIRONMENTAL ANALYSIS OF THE SITE.
THE SITE CONSISTS OF THE VILLAGE SHOP'S MULTI-TENANT RETAIL SHOPPING CENTER, AND IS LOCATED AT 1 2 2 8 0 THROUGH 1 2 2 8 8 WEST HEIMER ROAD IN HOUSTON, TEXAS.
THE EFFECTIVE PROPERTY IS LOCATED BENEATH AND IMMEDIATELY DOWN GRADIENT FROM THE FORMER ULTRA FINEING CLEANERS LEASE SPACE, WHICH IS SITUATED ON THE NORTHWESTERN CORNER OF THE SHOPPING CENTER.
ACCORDING TO HISTORICAL SOURCES REVIEWED DURING A 2019 PHASE ONE ENVIRONMENTAL SITE ASSESSMENT, THE FORMER ULTRA FINEING CLEANERS HAD OPERATED AT THE SITE SINCE THE MID 1980S AND HISTORICALLY USED CHLORINATED DRY CLEANING SOLVENT.
BY 2004, OPERATIONS SWITCHED TO PETROLEUM BASED SOLVENT DF 2000, WHICH REPORTEDLY CONSISTED OF A CLOSED LOOP SYSTEM.
FY CLEANERS VACATED THE LEASE SPACE IN DECEMBER OF 2020.
RESULTS OF THE SAMPLING OF SIX MONITORING WELL SITES.
SO THEY TOOK MONITORING WELLS AND PLACED THEM IN SEPARATE SITES ACROSS THE PROPERTY SO THAT THEY COULD GET A WELL BALANCED EN ENVIRONMENTAL ASSESSMENT OF THE SITE.
THE SIX SITE MONITORING WELLS INDICATE THAT THE AFFECTED PROPERTY ASSESSMENT A PA, WHICH DELINEATES THE EXTENT OF AFFECTED GROUNDWATER IS COMPLETE.
AND GROUNDWATER MONITORING DOCUMENTS THAT THE GROUNDWATER PLUME IS STABLE.
IN CONCENTRATION AND EXTENT, THIS MEANS THAT THE GROUNDWATER CONTAMINATION PLUME IS STABLE OR IS DECREASING.
THE CONTAMINATION IS SLOWLY BUT SURELY DECLINING.
ADDITIONALLY, SOIL SAMPLES COLLECTED FROM THE SOIL BORINGS COMPLETED BY NOVA AND TERRACON HAVE NOT BEEN IDENTIFIED TO CONTAIN VOCS ABOVE SDLS SUB SLAB.
SOIL GAS COLLECTED BENEATH THE DRY CLEANER LEASE SPACE BY NOVA IN 2019 DID NOT CONTAIN C VOCS ABOVE U-S-E-P-A VSLS.
THE APPLICANT'S CURRENT PLAN FOR THE DESIGNATED PROPERTY AND ALL OF THESE
[00:25:01]
ACRONYMS ARE SPELLED OUT IN YOUR PRESENTATION AND THEY SHOULD BE ON THE SCREEN.THAT'S WHY I AM, I'M, I'M SHORTENING, I'M USING THE ACRONYM TO SHORTEN THE PRESENTATION.
THE PROPERTY HAS BEEN ASSIGNED VCP NUMBER 30 31 UPON APPROVAL OF THE MSD ORDINANCE BY THE CITY OF HOUSTON.
FOR THIS PROPERTY, A-T-C-E-Q-M-S-D APPLICATION WILL BE SUBMITTED FOR REVIEW AND APPROVAL BY TCEQ.
SO ONCE THIS, UH, HEARING IS CONCLUDED, AND IF THE APPLICATION IS APPROVED BY THE CITY OF HOUSTON TO MOVE FORWARD, THEN THE TCEQ WILL START THEIR OWN PROCESS OF ASSESSING THE SITE AS WELL.
SO IT'S A DOUBLE, DOUBLE CHECK TO MAKE SURE THE CONTAMINATION IS DECREASING.
IT, THIS IS A VISUAL REPRESENTATION OF THE GROUNDWATER IMPACTS AND HOW THE CONTAMINATION IS DECREASING.
IF YOU LOOK AT THE BLUE DOTTED LINE, UM, THE APPROXIMATE CONTAMINATION IS IN THIS, UH, ELLIPTICAL, UM, CIRCLE DASH ELLIPTICAL CIRCLE.
AND THAT WAS, UH, APPROXIMATELY JUNE OF 2020.
AND, UM, AS OF DECEMBER THE 12TH, 2024, WHICH IS FOUR AND A HALF YEARS LATER, IF YOU SEE THE, UM, BLACK ELLIPTICAL, UH, CIRCLE, IT SHOWS THE APPROXIMATE, UM, PCE PLUME HAS DECREASED SIGNIFICANTLY.
SO THAT'S JUST A VISUAL OF HOW THE CAP CONTAMINATION HAS DECREASED AT JUST ONE OF THOSE MONITORING WELLS.
THIS IS ALSO A TRANS TRANSITIONAL SLIDE, BUT I WANNA MAKE SURE THAT THE TRANSITIONS ARE GONNA SHOW.
SO WHOMEVER IS, UM, PROGRESSING MY SLIDES.
CAN YOU CHECK AND SEE IF IT'S GONNA TRANSITION OR IF I JUST HAVE TO JUST READ THE SLIDE AS IS.
GO TO THE PREVIOUS SLIDE SO IT'S NOT TRANSITIONAL.
SO THIS IS A PICTORIAL REPRESENTATION OF THE CHEMICAL DEGRADATION.
UM, UH, THIS IS JUST FOR PERCHLOROETHYLENE AND IT SHOWS HOW PERCHLOROETHYLENE BREAKS DOWN INTO, UH, A CHEMICAL THAT IS SAFER HUMAN CONSUMPTION PERCHLOROETHYLENE DEGRADES INTO TRICHLORETHYLENE AND TRICHLORETHYLENE DEGRADES IN EITHER ONE OF TWO CONTAMINANTS, WHICH IS CYS DI CHLOR, ETHYLENE OR TRICHLORETHYLENE.
AND WE'RE GOING FROM LEFT TO RIGHT CYST DI CHLOR ETHYLENE OR TRICHLORETHYLENE DEGRADES TO VINYL CHLORIDE, VINYL CHLORIDE DEGRADES TO ETHYLENE AND ETHYLENE, SUBSEQUENTLY BIODEGRADES TO CARBON DIOXIDE, WHICH IS SAFE FOR HUMAN CONSUMPTION.
THIS SHOWS THE DIFFERENT WAYS THAT HUMANS CAN BE EXPOSED TO CHEMICALS, UM, AND HOW CLEANUP PROGRAMS ARE BASED ON PUBLIC EXPOSURE TO CONTAMINANTS AND REDUCE PUBLIC HEALTH RISKS.
WHAT WE WANT TO DO IS IN THESE, UM, ENVIRONMENTAL CLEANUP, UH, UH, SITUATIONS, WE WANT TO REMOVE EXPOSURE PATHWAYS.
UM, AND THE DIFFERENT WAYS THAT THE CHEMICALS CAN BE INGESTED ARE INHALATION CONTACT, WHICH IS DERMAL BY SOIL, GROUNDWATER SURFACE TO WATER, OR BY ECOLOGICAL EXPOSURE.
THE MSD IS ONLY ONE STEP IN THE CLEANUP PROCESS.
AN MSD DOES NOT EXCUSE THE APPLICANT FROM REDUCING RISK TO THE PUBLIC, AND RESPONSIBLE PARTIES ARE ALWAYS RESPONSIBLE.
MSDS DO NOT AFFECT YOUR PROPERTY.
MSDS DO NOT AFFECT YOUR WATER WELL, AND THERE ARE NO REQUIREMENTS ON YOU.
DRINKING WATER SUPPLIED BY THE CITY IS NOT AFFECTED AS, UM, SHOWN IN THE LAST, UH, TRANSITIONAL SLIDE.
THE FIRST TRANSITIONAL SLIDE, UM, PUBLIC WATER IS 600 FEET BELOW GROUND SURFACE LEVEL.
THE CITY'S REQUIREMENT OF THE APPLICANT IS ENROLLMENT IN THE STATE OF FEDERAL CLEANUP PROGRAM, THOROUGH INVESTIGATION CONFIRMING THAT THE GROUNDWATER PLUME CONTAMINATION IS STABLE OR DECREASING AND DELINEATED.
THE EXACT POSITION OF THE CONTAMINATION HAS BEEN DEFINED AND IDENTIFIED THE SOURCE OF CONTAMINATION HAS BEEN REMOVED AND THE THIRD PARTY ENGINEER OR GEOLOGIST MUST CERTIFY THE APPLICATION.
[00:30:02]
NEXT SLIDE.THIS IS THE STEPS, UH, IN THE PROCESS GRAPHIC REPRESENTATION.
THE MSD PROCESS STARTS WITH A PRE-APPLICATION MEETING.
THE APPLICATION IS SUBMITTED TO THE CITY, THE CITY STAFF REVIEW THE APPLICATION.
WE HOLD A PUBLIC MEETING, WE RECEIVE COMMENTS FROM THE PUBLIC, THEN WE HOLD A PUBLIC HEARING, WHICH IS WHERE WE ARE NOW.
WE DO ALLOW FOR PUBLIC COMMENTS AT BOTH THE PUBLIC MEETING AND THE PUBLIC HEARING.
CITY COUNCIL APPROVES OR DENIES THE APPLICATION.
IF IT IS APPROVED, IT'S SUBMITTED TO TCEQ.
TCEQ HAS THEIR OWN COMMENT, UH, PERIOD.
AND THEN TCEQ APPROVES OR DENIES.
AND IF IT IS APPROVED, THE ORDINANCE IS, IS APPLIED AND FILED ON THE DEED.
PRIOR TO APPLICATIONS BEING PRESENTED TO THE COMMITTEE, THE PUBLIC IS NOTIFIED AND THEY ARE GIVEN 30 DAYS NOTICE PRIOR TO THEIR PUBLIC MEETING.
THIS IS A GRAPHIC REPRESENTATION OF THE NOTICE THAT WAS PRESENTED TO THE PUBLIC, AS WELL AS A MAP THAT SHOWS THE RADIUS OF THE WELL OWNERS, THE PROPERTY OWNERS, AND THE NEIGHBORHOOD LIBRARY WHERE A HIGHER COPY OF THE APPLICATION IS FOR THE PUBLIC.
WHY SHOULD WE SUPPORT THIS MSD OR ANY MSD APPLICATION IS BECAUSE IT PROTECTS THE PUBLIC BY PRESENT PROHIBITING THE CONSUMPTION OF CONTAMINATED GROUNDWATER.
THEY ENCOURAGE THE CLEANUP OF CONTAMINATED SITES AND THEY PROMOTE REDEVELOPMENT OF UNDERUTILIZED PROPERTIES.
THIS IS A MAP OF ALL OF THE MSD SITES IN HOUSTON THAT HAVE BEEN APPROVED.
IF SOMEONE WOULD LIKE TO VIEW THE ENTIRE APPLICATION, THE HARD COPY OF THE APPLICATION IS AVAILABLE, UM, NOT FOR, UH, TAKING OUT OF THE LIBRARY, BUT YOU CAN VIEW IT AND MAKE COPIES IF YOU WOULD LIKE.
AND THAT WILL BE LOCATED AT THE ROBINSON WEST CHASE NEIGHBORHOOD LIBRARY AT 3 2 2 3 WILCREST DRIVE.
THAT'S IN HOUSTON, AND THAT'S AT THE REFERENCE DESK.
UH, THE ZIP CODE IS 7 7 0 4 2.
YOU CAN ALSO VIEW THE ENTIRE APPLICATION ONLINE AT WWW DOT HOUSTON PUBLIC WORKS MUNICIPAL SETTINGS DESIGNATION.
IF YOU HAVE ANY QUESTIONS, MY CONTACT INFORMATION IS ON YOUR SCREEN.
AGAIN, I'M CASSANDRA WALKER AND MY OFFICE IS LOCATED IN, UM, THE HOUSTON PUBLIC WORKS, UH, BUILDING AT 1 0 0 2 WASHINGTON ON THE THIRD FLOOR.
DO WE HAVE ANY QUESTIONS, CASSANDRA? I DON'T SEE ANY QUESTIONS IN THE QUEUE, UH, BUT, UH, THAT WAS A VERY THOROUGH PRESENTATION.
I APPRECIATE ALL THE WORK YOU PUT IN, IN MY OPINION, THE MOST IMPORTANT INFORMATION WAS ON SLIDE 16 MM-HMM
WHERE YOU EXPLAINED THAT AN MSD, UH, WHILE IT CAN SEEM SCARY, UM, IS A GOOD THING BECAUSE IT PROTECTS THE PUBLIC BY PROHIBITING THE CONSUMPTION OF CONTAMINATED GROUNDWATER WHILE ENCOURAGING CLEANUP OF CONTAMINATED SITES AND PROMOTING REDEVELOPMENT OF UNDERDEVELOPED PROPERTIES MM-HMM
AND SO, UM, THAT'S AN IMPORTANT THING FOR THE CITY OF HOUSTON AND WHY WE HAVE THESE, UH, MSD PRESENTATIONS FROM, FROM TIME TO TIME.
SO I DON'T SEE ANY, UH, QUESTIONS IN THE QUEUE.
SO, UH, WE'LL GIVE YOU A THANK YOU AND WE'LL SEE YOU NEXT TIME.
WE'LL GO AHEAD AND MOVE TO ITEM THE SECOND ITEM ON THE AGENDA.
THE PROPOSED CHANGES TO CHAPTER 20 OF THE HOUSTON COURT CODE OF ORDINANCES DEALING WITH FOOD AND DRUGS.
AND WE'LL HAVE A PRESENTATION FROM THE HOUSTON HEALTH DEPARTMENT AND REPRESENTING OUR HEALTH DEPARTMENT IS CHRISTOPHER SPARKS, WHO IS BUREAU CHIEF, UH, CONSUMER HEALTH SERVICES.
WOULD YOU LIKE THAT PODIUM? UH, YES.
[00:35:01]
DO THAT.ALRIGHT, SO I'LL TALK ABOUT THE, UH, THESE, UM, CHANGES TO CHAPTER 20 OF THE ORDINANCE AND AND FEES.
UM, SENATE BILL 1 0 0 8 PASSED DURING THE 89TH LEGIS TEXAS LEGISLATURE REQUIRES LOCAL JURISDICTIONS TO ALIGN THEIR FOOD SAFETY REGULATIONS WITH STATE AND FEDERAL MODELS AND MANDATES SIGNIFICANT CHANGES TO LOCAL PUBLIC HEALTH PERMITTING STRUCTURES FOR FOOD ESTABLISHMENTS.
IN RESPONSE, THE CITY OF HOUSTON, UM, IS INITIATING A COMPREHENSIVE UPDATE OF OUR FOOD SAFETY ORDINANCE AND MUST RESTRUCTURE ITS CURRENT PERMIT FEES AND CATEGORIES, MOVING FROM A, AN EMPLOYEE BASED MODEL WHERE WE ISSUED FEES BASED ON THE NUMBER OF EMPLOYEES IN THAT ESTABLISHMENT, TO NOW A RISK-BASED STRUCTURE, WHERE NOW WE CHARGE THE FEES BASED ON HOW MUCH RISK THAT PARTICULAR ESTABLISHMENT POSES TO THE PUBLIC TO REFLECT THESE NEW STATUTORY CHANGES.
SO THE PURPOSES OF THESE CHANGES, AGAIN, IS TO ALIGN THE CITY OF HOUSTON'S FOOD ORDINANCE WITH STATE LAW IMPLEMENT SENATE BILL 1 0 0 8.
WE'RE GONNA MODERNIZE AND STREAMLINE OUR LOCAL FOOD REGULATIONS, UPDATE OUR PERMIT FEE STRUCTURE, ESPECIALLY FOR OUR RETAIL ESTABLISHMENTS TO A RISK-BASED MODEL INSTEAD OF EMPLOYEES, AND ENSURE LEGAL COMPLIANCE AND REGULATORY CLARITY.
SO, SENATE BILL 1 0 0 8 AMENDED THE TEXAS HEALTH AND SAFETY CODE 4 37 TO RESTRICT LOCAL HEALTH AUTHORITIES FROM IMPOSING REQUIREMENTS THAT DIFFER FROM STATE LAW UNLESS EXPRESSLY OR AUTHORIZED.
THIS INCLUDES MANDATING UNIFORM FOOD SAFETY STANDARDS ACROSS JURISDICTIONS.
THIS REQUIRES ADOPTION OF THE MOST RECENT VERSION OF THE FDA MODEL FOOD CODE AS REFERENCED IN THE TEXAS FOOD ESTABLISHMENT RULES.
AND IT PREVENTS LOCAL GOVERNMENTS FROM MAINTAINING CONFLICTING OR MORE RESTRICTIVE, UH, PROVISIONS, NOT SUPPORTED IN STATUTE, WHAT WE BASICALLY CALLED HOME RULE AND THE ABILITY TO BE ABLE TO BE MORE RESTRICTIVE OF FOOD SAFETY LAW HERE IN HOUSTON.
UH, THE, THE PRIMARY GOAL OF ORDINANCE UPDATES ARE, AGAIN, TO ALIGN WITH THE FDA MODEL FOOD CODE AND TEXAS FOOD ESTABLISHMENT RULES AS THE FOUNDATIONS FOR OUR LOCAL FOOD SAFETY.
WE'RE GONNA ENSURE CONSISTENCY WITH THE STATE LAW BY REPEALING ANY PROVISIONS OF THE HOUSTON FOOL ORDINANCE THAT DUPLICATE OR CONFLICT WITH STATE REQUIREMENTS, AND WE'LL STREAMLINE THE ENFORCEMENT AND REGULATORY CLARITY FOR BUSINESSES OPERATING IN THE CITY OF HOUSTON.
SO AGAIN, OUR NEXT SLIDE PLEASE.
UM, JUST TO, UH, SUMMARIZE, WE'RE GONNA, UM, WE NEED TO DO REGULATORY CONSISTENCY STATEWIDE, UM, TO AVOID ANY KIND OF INJURY TO THE CITY.
THE PROVISIONS OF 1 0 0 8, UM, GAVE, UH, WOULD GIVE BUSINESSES THE ABILITY TO, TO, UM, SUE THE CITY IF WE ENFORCED A PROVISION THAT WAS HIGHER THAN WHAT IS STATE LAW.
UM, LEGAL COMPLIANCE WITH SENATE BILL 1 0 0 8, UM, IMPROVE CLARITY FOR OPERATORS AND INSPECTORS THAT LINES UP ACROSS ALL JURISDICTIONS AND IT PRESERVES OUR PUBLIC HEALTH PROTECTIONS.
UM, AS FAR AS OUR PERMITTING STRUCTURE IS CONCERNED, UM, THERE ARE SIGNIFICANT CHANGES THAT WE HAD TO TAKE.
AGAIN, WE TALKED ABOUT HOW THE CURRENT EMPLOYEE TIERED FEE STRUCTURE WAS FIVE DIFFERENT TIERS THAT WERE BASED ON THE NUMBER OF EMPLOYEES THAT THAT, UM, EMAN HAD.
AND IT RANGED FROM $291 FOR THE LEAST NUMBER OF EMPLOYEES UP TO, UM, IF THERE WERE A HUNDRED OR MORE.
UM, THE FEE WAS 1,059 AND, UM, THIS WILL BE COMPLETELY ELIMINATED MOVING FORWARD.
UM, SENATE BILL 1 0 0 8 GIVES US THE ABILITY TO BE ABLE TO SET FEES IN TWO WAYS, EITHER BY GROSS ANNUAL SALES OR BY RISK-BASED INSPECTION, WHICH LINES UP WITH FDA MODEL FOOD CODE, WHICH IS WHAT WE'RE DOING.
WE'RE GONNA LINE UP WITH FDA MODEL FOOD CODE AND DO RISK-BASED, UM, FEE STRUCTURES.
OUR, UM, SO MOVING FORWARD, OUR PERMIT FEES WILL BE ASSIGNED BASED ON RISK CLASSIFICATION IN THE FEES, UM, WITH
[00:40:01]
LOW RISK BEING 2 58.AGAIN, THE STATE MANDATED THAT WE COULD NOT CHARGE A FEE HIGHER THAN WHAT THEY CHARGED.
AND THESE FEES, UM, FOR LOW, MEDIUM AND HIGH RISK FACILITIES LINE UP EXACTLY WITH THE STATE'S, UM, VERSION OF FEES, WHICH ARE DONE BY GROSS ANNUAL SALES.
AND WE'RE DOING IT SIMPLY BY RISK BECAUSE THE BILL GIVES US THE OPPORTUNITY TO DO SO.
ALL OF OUR NONPROFIT PERMITS WILL BE REMOVED AS REQUIRED BY THE NEW LAW, WHICH INCLUDES WE'LL NO LONGER PERMIT, UM, SCHOOLS, UH, WE WILL STILL INSPECT, BUT IT'LL HAVE TO BE DONE IN THE SAME WAY THAT DSHS DOES.
SO PART OF WHAT THE BILL DID WAS IT SAYS THAT YOU CANNOT REQUIRE A PERMIT IF DSHS DOES NOT REQUIRE A PERMIT.
AND DSHS PERMITTING STRUCTURE AS IT PERTAINS TO SCHOOLS SAYS THERE'S NO PERMIT.
YOU CAN GO IN INSPECT AND YOU CAN ONLY CHARGE AND YOU CAN CHARGE AN INSPECTION FEE FOR THE INSPECTION.
AND ALL SCHOOLS REQUIRE TWO INSPECTIONS A YEAR, UM, TO BE ABLE TO MAINTAIN FUNDING THROUGH THE DEPARTMENT OF AGRICULTURE.
SO WE'LL STILL PERFORM THOSE INSPECTIONS, BUT IT WILL NOT, UH, PERMIT THAT ESTABLISHMENT.
BUT ALL NONPROFIT PERMITS WILL BE REMOVED AS REQUIRED BY THE NEW LAW.
UM, THERE WAS A PUBLIC HEALTH PROVISION PERMIT THAT WE USE FOR FROZEN DESSERT PERMITS, UM, UM, INCLUDING SOME OF OUR NONPROFIT VARIATIONS.
ALL OF THAT WILL BE ELIMINATED.
WE USE THE, THE FROZEN DESSERT PERMIT FEE TO, TO, UM, CHARGE A FEE TO TEST FOR THOSE MACHINES TO ENSURE THAT THEY WERE, WE WERE PROTECTING PUBLIC HEALTH AND WILL NO LONGER BE ABLE TO CHARGE THAT FEE ALSO.
UM, AS FAR AS OUR MOBILE FOODS AND OUR TEMPORARY PERMITS, UM, THE MEDALLION FEE WILL BE REDUCED TO WHAT DSHS CHARGES.
IT WILL BE REDUCED TO A FLAT FEE OF $258, SAME AMOUNT THAT IS CHARGED BY DSHS.
UH, WE ALSO WERE THE FIRST JURISDICTION IN, IN THE UNITED STATES TO, UH, PLACE GPS ON OUR MOBILE FOOD UNITS TO GIVE US ALLOW TO DO SURVEILLANCE AND INSPECTIONS, UM, AT A HIGHER RATE.
UM, ANOTHER BILL'S HOUSE BILL 28 44 ELIMINATED OUR ABILITY TO DO THAT.
AND 1 0 0 8 ELIMINATED OUR ABILITY TO CHARGE THE ELECTRONIC MONITORING FEE TO, UH, TO DO SO.
SO THAT WILL ALSO BE REMOVED IN ADDITION TO ADMINISTRATIVE FEES, UM, THAT ARE WRITTEN IN ORDINANCE FOR US THAT ALLOWED US TO CHARGE OUR TEMPORARY PERMITS WILL BE REDUCED.
UM, TYPICALLY WE CHARGED, UH, 79 A DAY DOLLARS A DAY THAT WILL RE REDUCE THE 52 OR 10 DAY PERMITS, WHICH YOU TYPICALLY SAW MORE OF AT THE RODEO, WHERE $700 WOULD BE REDUCED TO $104.
AND, UM, OUR MANAGER CERTIFICATION FEES OR COURSE THAT WE TAUGHT, UM, IN THE CITY TO BE ABLE TO HELP OPERATORS TO BE ABLE TO GET THE NECESSARY KNOWLEDGE THAT THEY NEEDED.
UM, THE BILL PROHIBITS US FROM CHARGING THAT OR TEACHING THAT COURSE GOING FORWARD.
THAT COMPLETES, UM, MY, MY, UH, PRESENTATION.
ARE THERE ANY QUESTIONS? WE DO HAVE, UH, COUNCIL MEMBER, VICE MAYOR PRO TEM, AMY PECK IN THE QUEUE.
AND THANK YOU SO MUCH FOR THE PRESENTATION.
UM, FOR THE NONPROFIT PERMITS, SO IF WE'RE NOT DOING THE PERMITS ANYMORE, LET'S SAY, UM, YOU GO IN AND DO AN INSPECTION AND THERE'S AN ISSUE.
IS THERE NO LONGER THE THREAT OF TAKING AWAY A PERMIT? AS FOR COMPLIANCE, SO WHAT, WHAT WOULD WE DO? COULD WE ISSUE CITATIONS OR WHAT, WHAT DO WE HAVE TO DO ON IN THAT SITUATION? HOW WOULD WE UH, WELL, WE LOSE THE ABILITY TO PERMIT, SO WE ACTUALLY LOSE THE ABILITY TO ACTUALLY HAVE, YOU KNOW, PERFORM THE INSPECTION.
UM, THE, WE CAN'T REQUIRE THAT IT, THAT WE HAVE IT.
UM, THE FACILITY, IF WE DID GET A COMPLAINT ON A COMPLAINT BASIS, WE STILL WOULD INSPECT.
AND IF THERE WERE VIOLATIONS THAT EXISTED, WE STILL HAVE THE ABILITY TO REQUIRE THAT THEY CORRECT THOSE VIOLATIONS, UM, TO PROTECT THE PUBLIC.
BUT WE WOULD PROBABLY DO INSPECTIONS ON COMPLAINT BASIS ONLY.
AND IF THEY DON'T GET IN COMPLIANCE, WHAT WOULD WE BE ABLE TO DO AT THAT POINT? BECAUSE BEFORE IT WOULD BE, WELL, WE'RE GONNA TAKE THE PERMIT AWAY.
RIGHT? SO WHICH ANOTHER PART DO WE GO PART OF THE, OF THE, OF 1 0 0 8, WHICH MAKES IT MORE RESTRICTIVE.
IT TOOK AWAY OUR ABILITY TO REVOKE EVEN FOR THOSE PERMITS THAT WE WILL ISSUE.
WE WON'T BE ABLE TO DO REVOCATION.
REVOCATION IS NOT PART OF STATE LAW.
SO WE COULD SUSPEND THE LICENSE AND, UM, ONE OF THE THINGS WE'RE DISCUSSING WITH LEGAL IS HOW WE COULD MOVE FORWARD IF IT WAS NECESSARY TO BE ABLE TO REVOKE A LOT, UH,
[00:45:01]
TAKE THE PERMIT, PERMIT AWAY.BUT WE'RE STILL WORKING WITH LEGAL TO TRY TO FIND OUT WHAT CAN WE DO, CAN WE STILL ISSUE CITATIONS TO A, TO A, UM, UH, BUT IF THE, I BELIEVE THAT IF THE VIOLATION EXISTS, WE NEED TO BE ABLE TO TAKE SOME ACTION AND I BELIEVE WE WOULD BE ABLE TO STILL ISSUE A CITATION.
AND FOR ANY OF THE FEE CHANGES OR THE STRUCTURE CHANGES, WHEN IS THAT GOING TO TAKE PLACE? IS THAT UPON APPLYING FOR THEIR NEXT PERMIT OR IS THAT GOING TO BE IMMEDIATELY? SO FOR THOSE ESTABLISHMENTS PRIOR TO, SO ALL THIS BILL ACTUALLY TAKES EFFECT SEPTEMBER ONE.
SO WE HAD THREE MONTHS TO, UM, DO WORK ON THE REPEAL AND REPLACE OF THE ENTIRE HOUSTON FOOD ORDINANCE TAKES EFFECT SEPTEMBER ONE FOR THOSE ESTABLISHMENTS THAT HAD A PERMIT PRIOR TO SEPTEMBER ONE.
WE'LL, WE CONTINUE TO MOVE FORWARD, BUT AFTER SEPTEMBER ONE, THEN WE'LL SIMPLY ISSUE AT THE FEES AT WHAT IS REQUIRED BY THE, THE, UH, THE, THE SENATE BILL.
SO AN, AN ESTABLISHMENT THAT ALREADY HAS ONE OF THESE PERMITS, THEY WOULD SEE THE FEE CHANGE UPON THE IN, DURING THEIR NEXT, THEIR NEXT.
I I'VE GOT A COUPLE QUESTIONS FOR YOU.
SO, UM, THE PERMIT STRUCTURE CHANGES GO TO A RISK BASED FEE.
LOW RISK IS $258 GOING UP TO HIGH RISK.
CAN YOU EXPLAIN TO US HOW YOU DETERMINE RISK? ABSOLUTELY.
FDA MODEL FOOD CODE LAND LAYS OUT, UM, SPECIFICALLY HOW YOU DETERMINE RISK.
SO FOR INSTANCE, A LOW RISK FACILITY, PREPACKAGED FOOD ITEMS, YOU WALK INTO A CONVENIENCE STORE, ALMOST EVERYTHING IN THERE IS PREPACKAGED, YET THEY HAVE WHAT YOU CALL TCS FOOD OR SOMETHING THAT REQUIRES REFRIGERATION SUCH AS MILK.
WE WOULD STILL LICENSE THOSE, BUT THEY'RE LOW RISK BECAUSE THOSE ITEMS ARE ALREADY PREPACKAGED AND MADE IN A MANUFACTURING FACILITY.
YOUR MEDIUM RISK HEAT AND SERVE, MCDONALD'S, BURGER KING, WENDY'S, ANYTHING WHERE THEY COOK IT AND SERVE IT IMMEDIATELY IS MORE OF YOUR MEDIUM RISK.
HIGH RISK OR YOUR FULL SERVICE FOOD ESTABLISHMENTS.
UM, A, UH, CHEESECAKE FACTORY OR, UM, ANY OTHER FULL SERVICE RESTAURANT.
UM, THOSE WOULD BE DETERMINED TO BE HIGH RISK IN ACCORDANCE WITH FDA'S MODEL FOR DETERMINING RISK CLASSIFICATION.
SO TO USE YOUR EXAMPLE, SOMETHING LIKE, LIKE A CHEESECAKE FACTORY MM-HMM
UH, UNDER THE NEW, UH, PERMIT STRUCTURE WOULD BE, WOULD HAVE TO PAY A FEE OF $773.
WHAT, WHAT DID THEY HAVE TO PAY BEFORE? UM, IF, DEPENDING ON THE NUMBER OF EMPLOYEES, SO LET'S SAY THAT A CHEESECAKE FACTORY HAD AND, UM, 101 EMPLOYEES OR MORE, THEY PAID $1,059, UM, NOW THE FEE WILL COME DOWN TO 773.
SO IF THEY HAVE A THOUSAND EMPLOYEES, WHAT IF THEY HAVE SAY A HUNDRED, A HUNDRED EMPLOYEES? 101 OR MORE WAS, UH, UM, 1059.
IF THEY HAD, UH, BETWEEN 51, UH, UP TO 100, IT WOULD'VE BEEN $864 I BELIEVE.
SO CAN YOU, CAN YOU GENERALIZE AND SAY THAT UNDER THE NEW PERMIT STRUCTURE, A LOT OF RESTAURANTS WILL PAY LESS THAN THEY WERE BEFORE? OR ARE YOU FEE NOT FEEL COMFORTABLE DOING THAT? UM, I, I DON'T NECESSARILY FEEL COMFORTABLE.
WE'RE, WE'RE DOING PROJECTIONS, UH, RIGHT NOW.
UM, BUT THE MEDIUM, UH, MORE OF YOUR MEDIUM, UH, SINCE WE'RE NOT USING EMPLOYEE BASED, YOU PROBABLY WILL SEE A LOT OF THE ONE THROUGH NINES END UP IF THEY'RE DOING HEAT AND SERVE, UH, THEIR FEE CHANGE.
AND, UH, YOU MENTIONED GROSS ANNUAL SALES.
HOW DOES THAT FIGURE IN? SO GROSS ANNUAL SALES IS A CHOICE.
I SEE GROSS ANNUAL SALES, UH, USING, UH, ZERO TO UH, 50,000, 51, 50,001 UP TO A HUNDRED FORTY NINE NINE AND THEN 150,000 AND ABOVE.
THE PROBLEM THAT WE UH, WE DID NOT WANT TO CREATE WAS, UM, BEING ABLE TO, UM, GET TAX RECORDS FROM ALL 15,000 ESTABLISHMENTS THAT WE HAVE IN THE CITY OF HOUSTON.
SO 1 0 0 8 GIVES US THE OPPORTUNITY TO BE ABLE TO USE RISK-BASED INSPECTION MODEL WHERE WE KNOW FDA'S RISK-BASED INSPECTION MODEL IS, UM, BEST METHODS, BEST PRACTICE, BEST SCIENTIFIC EVIDENCE.
AND WE WANT IT, SINCE WE'RE SWITCHING OVER TO THAT, WE'RE LINING UP SPECIFICALLY WITH THAT TO CHARGE OUR FEES.
AND UH, LAST UH, TOPIC WOULD BE IN COMING UP WITH THE PROPOSED ORDINANCE, WHICH WE DO NOT HAVE BEFORE US, BUT IN THAT PROCESS, DID YOU ALL CONSULT STAKEHOLDERS LIKE THE RESTAURANT ASSOCIATION? WE HAVE SPOKEN TO THIS RESTAURANT
[00:50:01]
ASSOCIATION AND LET THEM KNOW THAT CHANGES WOULD BE COMING.UM, WHAT WE WERE SET LEFT WITH SUCH A SHORT TIMELINE, WE'RE GONNA REALLY START, UM, DOING THIS AND WE'RE GONNA BE GET DOING A CAMPAIGN TO, UH, GET OUT, DO WEBINARS AND GET AS MUCH INFORMATION OUT AS POSSIBLE, UM, ON THESE CHANGES.
BUT, UH, YOU TYPICALLY WITH A RULE CHANGE SUCH AS THIS, IT WOULD TAKE ANYWHERE BETWEEN SIX MONTHS TO A YEAR AND THEY GAVE US REALISTICALLY THREE MONTHS TO DO SOMETHING AS UM, EXTENSIVE AS THIS.
WHEN DO YOU ENVISION COMING BEFORE COUNCIL WITH, UH, AN ORDINANCE? UM, THAT'S BEING PREPARED NOW.
WE HOPE TO GET ON THE AGENDA, UM, BEFORE SEPTEMBER ONE, UM, TO BE ABLE TO, UH, DO IT.
WE'VE DONE A LOT OF THE WORK AND WE'VE WORKED WITH LEGAL TO TRY TO GET THIS DONE AND UH, WE HOPE TO DO IT PRIOR TO THE BILL, WHICH TAKES EFFECT SEPTEMBER 1ST, 2025.
WELL, THAT WOULD LEAVE, UH, SINCE THE, THIS WEEK'S AGENDA'S ALREADY BEEN PREPARED.
I DON'T BELIEVE IT'S ON THIS WEEK'S AGENDA, BUT, UH, THAT WOULD ONLY LEAVE AUGUST, UH, 27TH.
UM, THEY MAY BE LOOKING TO PUT IT ON THE AUGUST 27TH AGENDA.
WE DID TRY TO PUSH TO MAKE SURE THAT THE CITY, BECAUSE UM, UH, WE DON'T WANT TO PUT THE CITY AT RISK BY ENFORCING ANY OF THE PROVISIONS.
AND WE BASICALLY WERE PUSHED TO A POINT WHERE WE NEEDED TO MAKE SURE THAT THE CITY WAS PROTECTED BY CHANGE, MAKING SURE THE RULES WERE CHANGED TO STATE LAW.
UH, THANK YOU FOR THE PRESENTATION.
I DON'T SEE ANY OTHER QUESTIONS IN THE QUEUE, SO THANK YOU.
I DO WANNA MENTION WE'VE HAD, UH, PRESENT WITH US STAFF FROM COUNCIL MEMBER TARSHA JACKSON'S OFFICE.
SO WE'RE BACK TO PUBLIC COMMENT.
IS THERE ANYONE HERE WHO WOULD LIKE TO OFFER PUBLIC COMMENT THAT HASN'T YET? ALRIGHT, SEEING NO ONE ALREADY SAID THAT, UH, WE'LL GO AHEAD AND ADJOURN THIS MEETING.
THE TIME IS 10 55 AND, UH, WE'LL SEE YOU NEXT MONTH.