Work Session Notes - February 19, 2024
Your songs remind me of swimming, Which I forgot when I started to sink
As always, for my notes, I’ll make my comments for each item in bold italics. Please email council7@garlandtx.gov with your input.
PUBLIC COMMENTS ON WORK SESSION ITEMS
CONSIDER THE CONSENT AGENDA
WRITTEN BRIEFINGS
1. FY 2023-24 Budget Amendment No. 1
Staff has prepared for City Council review, FY 2023-24 Budget Amendment No. 1, which is scheduled for formal consideration at the March 5, 2024, Regular Meeting. FY 2023-24 Budget Amendment No. 1 includes projects approved in last year's budget but not completed by the 2022-23 fiscal year-end, the rollover of open Purchase Orders from the 2022-23 fiscal year, and expenditures not anticipated in the 2023-24 Adopted Budget.
2. Investment Portfolio Summary
Staff has prepared for City Council the Quarterly Investment Portfolio Report to Council in accordance with the Public Funds Investment Act.
This it the quarterly report to council on the City’s Investment Portfolio. Nothing is out of the ordinary, but the “lovely” 3D pie charts have returned.
(A chart from the presentation. Doesn’t the 83.64% look much larger than it actually is compared to the other pie slices?)
3. 2019 Bond Program - Additional Program Management Services
Council is requested to consider extending AECOM's contract in the amount of $980,000 to provide additional program management and staff augmentation services through December 2025. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the March 5, 2024 Regular Meeting.
On September 17, 2019, AECOM was contracted for five-years and $12,998,000 to “provide professional services for the 2019 Bond Program Management.” During that time, they were the subject of two internal audits – the first in May 2022 and the second in December 2023.
The first audit found several deficiencies including the following, among other items:
Pay apps were processed without obtaining and reviewing supporting evidence for billing compliance and accuracy.
When supporting documentation is provided, it does not always reconcile to what the CMAR or Contractor is billing.
The Animal Shelter (AS) Construction Manager at Risk (CMAR) invoiced $94,600 for stored materials twice, resulting in duplicate payment.
Equipment downtime of $12,400 was charged to the City on AS without proper explanation as to the cause or the responsible party. The AS CMAR overcharged the City approximately $8,400 for liability insurance.
Sales tax has been charged (and paid by the City) for procurement of materials on all three projects.
The City paid correction costs from a subcontractor’s poor workmanship on ARC.
Currently, two of the subcontractors on the ARC project and one subcontractor on the PPEB project have filed notices with the surety of non-payment by the Contractors, although Contractors have been paid by the City.
A subsequent progress report was made to the Council Audit Committee in March 2022 and stated that “supporting documentation was received for the three projects previously reviewed, a credit was received for the duplicate payment made, and all suggested improvements were expected to be fully implemented by June 2022.”
The second audit in December of 2023 showed that all recommendations from the previous audit have been “fully implemented” and that Internal Audit “concludes that compliance with terms and conditions [of the contract] is being appropriately monitored.”
Although the contract started out rocky, AECOM’s performance appears to have improved through the process. After seeing the improvements, I now have no reservations in extending the contract for another year.
4. FY23 Justice Assistance Grant Memorandum of Understanding (MOU)
Council is requested to allow the City Manager to execute a Funds Sharing and Fiscal Agency Agreement Memorandum of Understanding (MOU) with the City of Dallas in order to obtain funding for the FY23 Edward Byrne Memorial Justice Assistance Grant (JAG) program.
I initially covered the details of this grant in my December 4, 2023 Work Session post. This item is the method through which the funds are allocated.
In order to receive the funds, the City of Garland must allocate $16,418.70 of the initial $56,868.00 of the grant to Dallas County and an additional 7% to the City of Dallas as administration fees to the fiscal agent. Garland’s final total allocation is $37,021.07.
5. Police Contact Data Report 2023
In accordance with the Texas “Racial Profiling” statute (Texas Code of Criminal Procedure Article 2.131 through 2.138), the Garland Police Department has been collecting police contact data for the purpose of identifying and responding to concerns regarding racial profiling since the implementation of the statute in 2002. In accordance with the law, the Police Department is required to submit this report to the City Council by March 1st of each year for the data from the previous calendar year.
For the past 22 years due to State law, the Garland Police Department has been collecting and reporting the race, gender, reason for and result of traffic stops.
The yearly data is always a fascinating look into local policing. Here are some of the more interesting facts:
Males get pulled over almost twice as often as females (62.8% vs 37.2%).
The race of those pulled over roughly reflect the racial makeup of the city:
Asian 7.4% pulled over vs 10.8% of Garland population
Black 21.8% pulled over vs 15% of Garland population
Hispanic 35.9% pulled over vs 37.0% of Garland population
White 34% pulled over vs 27.2% of Garland population
(Demographic numbers from datausa.io)
In 98.6% of the stops, the subject’s race was not know prior to the stop.
The overwhelming reason for stopping someone was a “Moving Traffic Violation” (86.8%) with a “Vehicle Traffic Violation” (10.4%) in second place.
Only 0.8% of stops resulted in arrests with 68% resulting in citations. Verbal warnings were issued in 20.2% with written warnings in 11.0%.
Those arrested during a traffic stop fell largely in two categories: “Violations of Penal Code” (45.6%) or “Outstanding Warrants” (46.2%).
6. Homeland Security Grant Program (HSGP) Resolution
Council is requested to approve the Homeland Security Grant Program (HSGP) resolution. The resolution will allow the City of Garland to acquire funding to help support and improve public safety response and recovery capabilities. Unless otherwise directed by Council, this item will be scheduled for formal consideration at the February 20, 2024 regular meeting.
On May 3, 2015, Garland was the subject of a failed terrorist attack at the Curtis Culwell Center. Thankfully no one but the terrorists were killed, although it could have been a much larger event if not for a sharpshooting Garland Police Officer.
The grant money provided from programs in 2021, 2022 and 2023 will be used this fiscal year “to prevent, protect against, mitigate, respond to, and recover from potential terrorist attacks and other hazards.”
Specifically, the City will use this money in three areas:
2021 Cybersecurity Enhancement: Project will fund the design and development of a continuity of operations tabletop exercise response to a citywide cybersecurity attack.
2022, 2023 Election Security Enhancement: Project will fund security enhancements at prioritized voting locations enabling us to receive 2023 funding along with an additional allocation of 2021 funding for addressing one of the DHS National Priority Areas.
2023 Community Preparedness and Resiliency: Project will fund the Community Preparedness and Resilience Coordinator focused to improve community preparedness and resiliency city-wide.
7. Ordinance Update for Public and Semipublic Swimming Pools
Council is requested to consider adopting updates to Chapter 22, Article VI of Garland City Ordinances, entitled Public and Semipublic Swimming Pools, for the purposes of becoming current and consistent with the State in regard to pool safety at public and semipublic pools and spas. It is also requested that Garland adopts the State's Public Interactive Water Feature rules, as there are currently no regulations in the Garland ordinance pertaining to splash pads or spray parks.
This item will amend our regulations regarding public (city owned and operated) and semipublic (hotels, apartments, HOA) pools which has not been updated since 2007.
With the first splash pads becoming operational in the City during the past year, we are also being asked to adopt regulations regarding Public Interactive Water Features, or PIWFs (another wonderful acronym to learn).
(The splash pad at Embree Park courtesy of https://www.garlandtx.gov/3210/Splash-Pads.)
If you want some thrilling reading, feel free to read the entire 92 pages of the 2021 International Swimming Pool and Spa Code, which was included in our Council agenda packet. You can learn fun facts like “there shall be a clearance of not less than 3 inches (76 mm) and not greater than 4 inches (101.6 mm) between the pool wall and the ladder (Section 322.3.1)” or a ring buoy flotation device “shall have an outside diameter of not less than 15 inches (Section 409.4.2).”
I’m glad I didn’t have to read this when I was a lifeguard teaching swimming lessons in high school!
(Don’t ever let your prankster boss at the swimming pool tell you he knows how to cut hair!)
VERBAL BRIEFINGS
Council may ask for discussion, further information, or give direction to staff on an item posted as a verbal briefing.
8. Flood Prone Property Buyout Program Update
The Engineering Department is providing City Council with an update on the implementation and current status of the Voluntary Flood Prone Property Buyout Program.
This program, which was initialized last year, provides funding to buy out properties which have repetitive flood damage or are at risk for future flooding. The City will initiate the transaction, remove the structure, and designate the lot as non-buildable in perpetuity. However, the entire process is entirely homeowner driven and the applicant has the opportunity to be rescind their application at any time up to the closing date.
After the initial 900 letters were sent to possible candidate properties, the first applications have returned. We received 25 responses with 19 properties qualifying for the program. The qualifying responses have now been sent to the Texas Water Development Board for further evaluation.
I am proud of the work the Transportation, Infrastructure and Mobility Committee, on which I serve as Chair, did to develop this program. It is one which has the possibility to save lives and prevent further property destruction during a catastrophic flooding event.
9. Short Term Rental Ordinance Update
The City Attorney, Chief of Police, and Director of Code Enforcement will provide an update to City Council on short-term rentals operating within the city.
Short-term rentals (think AirBnB or VRBO) in single-family neighborhoods can become a nuisance to surrounding homeowners when the property turns into a “party house.” In February 2023, the City Council put guidelines in place for these short-term rentals including requiring a functioning landline telephone, having the owner information posted, and providing notification to surrounding properties.
If these requirements are not met, the Single-Family Rental Permit can be revoked based on inspection performance, validated violations, and prohibited conduct of tenants (more than 3 occurrences in 6 months). Violations which may result in permit revocation include:
• Sound Amplification from Vehicles/Certain parking regulations
• Violations of the Noise Ordinance from Code of Ordinance Ch. 22
• Use of Fireworks
• Possession of alcohol by minors
• Furnishing alcohol to minors
• Breaking the curfew law for minors (although this is now prohibited by State Law)
• Any violation of state or fed law classified as class B or greater
(Short term rental locations in Garland)
I’m very interested to see if the problems we attempted to address through the Ordinance changes in February 2023 have reduced the complaints received regarding short-term rentals.
10. Development Services Committee Report
Chairperson Hedrick of the Development Services Committee, with the assistance of staff, will present Council with a committee report and recommendations on items related thereto.
I will be updating the council on two items the Development Services Committee discussed. The first is Tree Mitigation Fee Waiver Criteria and the second is Residential Landscaping Standards.
We proposed changes to our Tree Mitigation Fee criteria in which a developer can achieve tree mitigation fee reductions by meeting certain criteria. For example, they can provide additional open space, tree soil volume or stormwater runoff best management practices to receive up to a 50% tree mitigation credit.
The second item—Residential Landscaping Standards—took a look at requirements for landscaping in mainly single-family residences. We discussed many topics including installing living turf lawns vs. artificial grass turfs, allowing vegetable gardens in front yards, and using xeriscaping in landscape design. Eventually the Committee decided to continue with the current ordinance which does not specifically address or restrict landscaping in single-family residences.
While they are regulated through our Ordinances for maintaining the property (cutting high grass, for example), we do not specifically require or prohibit landscaping. This item seemed like us creating a solution in search of a problem. I also like less regulation than more, especially when it comes to somebody’s home.
CONSIDER APPOINTMENTS TO BOARDS AND COMMISSIONS
Terms are usually staggered whereby at least half of the membership has previous experience. Members are appointed based on qualifications.
11. Council Member Carissa Dutton
Kim Everett - Environmental and Community Advisory Board
12. Council Member Dylan Hedrick
Jimmy Tran - Community Multicultural Commission
13. Council Member Dylan Hedrick
Lauren Sauri Bruns - Environmental and Community Advisory Board (ECAB)
I’m happy to fill two vacancies I have on my board appointments. I’m especially glad the ECAB will have a quorum and be able to meet once again.
ANNOUNCE FUTURE AGENDA ITEMS
A Council member, with a second by another member or the Mayor alone, may ask that an item be placed on a future agenda of the City Council or of a committee of the City Council. No substantive discussion of that item will take place at this time.
EXECUTIVE SESSION
Council will adjourn into executive session pursuant to the following sections of the Texas Government Code, Sections:
The City Council will adjourn into executive session pursuant to Sections 551.072, 551.086, 551.087, and 551.071 of the Texas Government Code to deliberate or discuss the following:
The purchase, exchange, lease or value of real property located in the vicinity of the downtown district and West Walnut and Jupiter (551.072) and attorney/client matters concerning privileged and unprivileged client information related to the same (551.071).
The purchase, exchange, lease or value of real property (551.072) for economic development purposes (551.087) located within or near the hospital district, and attorney/client matters concerning privileged and unprivileged client information related to the same (551.071).
ADJOURN
Here’s Florence + the Machine with a wonderful live performance of “Swimming” at the Hammersmith Apollo in London.