NOTICE OF MEETINGCITY COUNCIL OF THE CITY OF GALVESTONTHURSDAY -- APRIL 23, 2015 -- 1:00 P.M.OR IMMEDIATELY FOLLOWING THE WORKSHOPCOUNCIL CHAMBERS -- CITY HALL823 ROSENBERG, GALVESTONTELEPHONE: (409) 797-3510

DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

INVOCATIONRabbi Marshal Klaven, Congregation B'nai Israel

PLEDGE OF ALLEGIANCE

ROLL CALL

CONFLICTS OF INTEREST

PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGERA. Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items:

1.Expressions of thanks, gratitude, and condolences2. Information regarding holiday schedules3. Recognition of individuals a. ED Fest Day Proclamation

b. Lemonade Day Proclamation

c. Fair Housing Month Proclamation

d. Parkinson's Awareness Month Proclamation

e. Military Order of Foreign Wars Day Proclamation

f. Certificate of Recognition to the City of Galveston from the National League of

Cities

(NLC) for 45 years of membership and participation

4. Reminders regarding City Council events5. Reminders regarding community events6. Health and safety announcements

COMMUNICATIONS AND PETITIONSClaim #15-043 James JohnsonClaim #15-044 Anthony DearmonClaim #15-045 Sandra L. AllisonClaim #15-046 Debra EstherClaim #15-047 Pageant Gonzales

PUBLIC HEARINGS

Ordinance Amending The 2015 Land Development RegulationsConsider for approval an Ordinance of the City of Galveston, Texas, amending the 2015 Galveston Land Development Regulations, Article 2: Uses and Supplemental

Standards, Section 2.341: Place of Private Assembly to add a condition that allows a

“Place of Private Assembly” to be a Limited Use at 1301 Market; Planning Case Number 15ZA-002; making various findings and provisions related to the subject.

8A.PDF

PUBLIC COMMENTA. Agenda ItemsB. Non-Agenda Items

ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)

Ordinance Amending The BudgetConsider for approval an Ordinance of the City of Galveston, Texas, amending the total operating fund budget for fiscal year ending September 30, 2015, by transferring $1,047,239 from various accounts to adjust and properly record funding and unforeseen expenses in connection with capital projects not previously approved as part of the Fiscal Year 2015 Capital Budget; additional funds for space requirements, training, and professional services in the City Auditor ’s office; the establishment of a Parking Special Revenue Fund for the Downtown Paid Parking Program; making various findings and provisions related to the subject; and providing for an effective date. (M. Loftin)

10A001.PDF

Ordinance Amending Article III "Hotel Occupancy Tax" Of Chapter 33 "Taxation"Consider for approval an Ordinance of the City of Galveston, Texas, amending Article III “Hotel Occupancy Tax” of Chapter 33 “Taxation” of “The Code of the City of Galveston 1982, as amended” by modifying certain definitions; providing that a twenty-five dollar ($25.00) late fee be assessed for persons failing to file zero dollar tax reports; clarifying certain provisions related to tax collection suits; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

10B.PDF

Ordinance Amending Chapter 34 "Traffic"

Consider for approval an Ordinance of the City of Galveston, Texas, amending Chapter 34 “Traffic,” Article V “Stopping, Standing or Parking,” Division 3 “Metered Parking” of “The Code of the City of Galveston, 1982, as amended,” by adding a provision that the City will not charge for use of paid parking systems on Sundays; making various findings and provisions related to the subject; and providing for an effective date.

10C.PDF

CONSENT ITEMSThe following items shall be considered for action as a whole, unless one or more Council Members objects. The City Manager is authorized to execute all necessary documents

upon final approval by the City Attorney.

Resolution Supporting The Lower Brazos River CoalitionConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the creation of the Lower Brazos River Coalition; making various findings and provisions related to the subject; and providing for an effective date.

11A.PDF

Moved To Action Items

First Amendment To Economic Development Grant AgreementConsider for approval the First Amendment to the Economic Development Grant Agreement between the Port of Galveston and the Industrial Development Corporation (IDC) of the City of Galveston, Texas. (B. Cook)

11C.PDF

Approval Of Pre-Qualified ConsultantsConsider for approval of pre-qualified consultants for Geotechnical and Material Testing Services for various City of Galveston projects (RFQ 15-02B Geotechnical). (D. Christodoss)

11D.PDF

FEMA Environmental Assessment (EA) For The Proposed Seawolf Park Wastewater Treatment Plant

Consider for approval a proposal from LJA Engineering, Inc., for a FEMA Environmental Assessment (EA) for the proposed Seawolf Park Wastewater Treatment Plant Site. The cost is $24,100.00 and funding source for this project is

the Sewer Improvement Fund with possible 90% reimbursement from Pelican Island FEMA PW SW-165. (D. Christodoss)

11E.PDF

43rd Street Reconstruction ProjectConsider for approval additional engineering fees for $135,806 for IDS Engineering, for the 43rd Street Reconstruction Project. The funding source will be the CDBG

Disaster Recovery Non-Housing Round 2.1 program. IDS Engineering is on the

approved list of the GLO. (D. Christodoss)

11F-2.PDF

Goodman Corporation's Professional Services Contract ExtensionConsider for approval the option to extend the Goodman Corporation's Professional Services Contract for an additional two years. (D. Smith)

11G.PDF

Purchase Of Street Repair Service Truck And Associated EquipmentConsider for approval allowing the Garage to purchase the listed street repair service truck and associated equipment from Rush Truck Center through HGAC Buy for $169,626, which will be funded from the Infrastructure Set Aside Fund. (D. Smith)

11H.PDF

Public Works GPS UnitsConsider for approval of correction to the three (3) year contract from GPS Insight for the annual maintenance plan of Public Works GPS Units. The corrected amount is

$46,726.20, or an increase of $3,007.80. The funding source is various Public Works

maintenance accounts.

(C. DeWitt)

11I.PDF

Approval Of Quote For Repair At Lift Station #6Consider for approval the lowest quote from Hahn Equipment to repair one (1) sixty (60) horse power pump at Lift Station #6. The cost is $19,849.45. The funding source

is the Sewer Improvement Fund. (D. Van Riper)

11J.PDF

Purchase Of Fire Department Protective ClothingConsider for approval authorizing the Fire Department to purchase $55,000.00 worth of Firefighter Protective Clothing to maintain Firefighter safety and remain in compliance with Texas Commission on Fire Protection rules. (M. Wisko)

11K.PDF

Acceptance Of A Grant From The Texas Historical CommissionConsider for approval authorizing the City Manager to accept a grant from the Texas Historical Commission in the amount of $10,000.00 for a National Register of Historic Places nomination for the Lost Bayou Historic District, and appropriating the expenditure of $10,000.00. (C. Gorman)

11L.PDF

Laserfiche Avante PurchaseConsider for approval the purchase of an upgrade to the City's Laserfiche Software System to the Avante Platform from MCCI, an approved vendor through the Texas Department of Information Resources (DIR). The purchase price $79,301.66 and the

funding source is the Data Processing Software line item 0100-170100-564009-419000. (J. Williams)

11M.PDF

Annual Cost Of Primary Flood InsuranceConsider for approval the annual cost of primary flood insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term.

(RFP 12-13-010). The annual premium is approximately $148,812.00. (R. Simmons)

11N-2.PDF

Annual Cost Of Primary Windstorm Property InsuranceConsider for approval the annual cost of primary windstorm property insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term. (RFP 12 -13-010). The annual premium is approximately $354,896.00. (R.

Simmons)

11O-3.PDF

Resolution Approving The Sale Of Tax Foreclosed PropertiesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, approving the sale of certain tax foreclosed properties in the City and County of Galveston, Texas, said properties being more particularly described in instruments recorded in the Official Deed Records of Galveston County, Texas; authorizing the Mayor of the City of Galveston to execute deeds to the purchasers; declaring findings of fact and providing for an effective date. (T. Scott)

11P.PDF

Receive And File Audit ReportsReceive and file finalized Audit Report from the City Audit Department—Mettlach Enterprises, Inc.; Municipal Court Audit; Smidt JD Branch Holdings, LLC; System for Recording Grant Funds to Received Audit; Analysis of Coin Operated Machines. (G. Bulgherini)

11Q.PDF

Receive And File A Letter From The U.S. Department Of Housing And Urban Development

Receive and file a letter from the U.S. Department of Housing and Urban Development related to Fiscal Year 2015 funding for the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME).

11R.PDF

Approval Of MinutesConsider for approval minutes of the March 26, 2015 Workshop and Regular Meeting, and the April 9, 2015 Workshop and Regular Meeting. (J. Williams)

11S.PDF

Approval Of Park Board Master PlansConsider for approval of the Park Board of Trustees Beach Parks Master Plan and the Seawolf Park Master Plan.

Resolution Denying CenterPoint Energy's Distribution RatesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, finding that CenterPoint Energy Houston Electric, LLC ’s ( “Centerpoint” or “company ”) application for approval of a distribution cost recovery factor to increase distribution rates within the City should be denied; finding that the City ’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

11U.PDF

Resolution Supporting Legislation Amending Truancy Laws

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation which will amend the current truancy laws and associated penalties; directing the City Secretary to send a certified and true copy of this Resolution to Senators John Whitmire, Paul Bettencourt, Rodney Ellis, Sylvia Garcia, José Rodríguez, Royce West, and the Galveston State Legislative Delegation; making

various findings and provisions related to this subject; and providing for an effective date. (T. Tarlton/D. Palumbo)

11V.PDF

Resolution Supporting Legislation Allowing Publication Of Government Notices On A Newspaper's Internet Website

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation allowing publication of government notices on a newspaper ’s internet website; directing the City Secretary to send a certified and true copy of this Resolution to Representative Dan Flynn and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods/D. Palumbo)

11W.PDF

Resolution Supporting Legislation Relating To Body-Worn Camera Programs For Law Enforcement Agencies

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation relating to Body-Worn Camera Programs for law enforcement agencies; directing the City Secretary to send a certified and true copy of this Resolution to Senator Royce West and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods)

11X.PDF

ACTION ITEMS

Memorandum Of Understanding With Galveston CountyDiscuss and consider for action a Memorandum of Understanding between the City and Galveston County for the purposes of the Pelican Island Bridge (B. Maxwell)

Texas Public Utility's Commission's 2015 Consumer Price Index (CPI)Discuss and consider for action declining the Texas Public Utility Commission ’s 2015 Consumer Price Index (CPI) adjustment to municipal telecommunications right-of-way access line rates; and authorizing the City Manager to submit the necessary documents to decline the increased rates upon final approval by the City Attorney. (M. Loftin)

12B.PDF

Resolution 2015 Call For Candidate Projects--Phase 2 Of The Downtown Livable Communities Initiative Streetscape Improvements

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting Phase 2 of the Downtown Livable Communities Iniative Streetscape Improvements as a project nomination to the Texas Department of Transportation in the amount of $402,500.00 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing thirty percent (30%) local share in the amount of $172,500.00; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date.

12C001.PDF

Resolution 2015 Call For Candidate Projects--27th Street Corridor ProjectConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the 27th Street Corridor Project as a project nomination to the Texas Department of Transportation in the amount of $1,372,754 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing sixty six percent (66%) local share in the amount of $2,515,000.00 in matching funds; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date. (D. Henry)

12D.PDF

Use Of The City SealDiscuss and consider for action granting permission to the Juneteenth Committee for use of the City Seal for the Juneteenth 150th anniversary. (T. Woods)

President Obama's Executive OrderDiscuss and consider directing the City Manager to file comments to President Obama's Executive Order establishing a Federal Flood Risk Management Standard issued January 30, 2015.

12F.PDF

EXECUTIVE SESSION

Section 551.071Pursuant to Texas Government Code Section 551.071, “Consultation with Attorney” to discuss and receive legal advice concerning pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code –

CDM Smith, Inc. V. City Of Galveston, Et AlCause No. 13-CV-0844 – CDM Smith, Inc. v. City of Galveston, et al.; In the 56th Judicial District Court, Galveston County, Texas; and the companion appellate matter in Court of Appeals No. 14-14-00294-CV – City of Galveston, et al. v. CDM Smith, Inc. ; In the Fourteenth Court of Appeals.

ACTION ITEMS (RESULTING FROM EXECUTIVE SESSION)

Action Resulting From Executive SessionDiscuss and consider for action any Executive Session item listed on either the Regular Meeting Agenda or the Workshop Agenda for Thursday, April 23, 2015.

ADJOURNMENT

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on April 20, 2015 at 12:00 p.m.

Janelle WilliamsCity Secretary

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEXAS 77550, (409) 797-3510.

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NOTICE OF MEETINGCITY COUNCIL OF THE CITY OF GALVESTONTHURSDAY -- APRIL 23, 2015 -- 1:00 P.M.OR IMMEDIATELY FOLLOWING THE WORKSHOPCOUNCIL CHAMBERS -- CITY HALL823 ROSENBERG, GALVESTONTELEPHONE: (409) 797-3510

DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

INVOCATIONRabbi Marshal Klaven, Congregation B'nai Israel

PLEDGE OF ALLEGIANCE

ROLL CALL

CONFLICTS OF INTEREST

PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGERA. Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items:

1.Expressions of thanks, gratitude, and condolences2. Information regarding holiday schedules3. Recognition of individuals a. ED Fest Day Proclamation

b. Lemonade Day Proclamation

c. Fair Housing Month Proclamation

d. Parkinson's Awareness Month Proclamation

e. Military Order of Foreign Wars Day Proclamation

f. Certificate of Recognition to the City of Galveston from the National League of

Cities

(NLC) for 45 years of membership and participation

4. Reminders regarding City Council events5. Reminders regarding community events6. Health and safety announcements

COMMUNICATIONS AND PETITIONSClaim #15-043 James JohnsonClaim #15-044 Anthony DearmonClaim #15-045 Sandra L. AllisonClaim #15-046 Debra EstherClaim #15-047 Pageant Gonzales

PUBLIC HEARINGS

Ordinance Amending The 2015 Land Development RegulationsConsider for approval an Ordinance of the City of Galveston, Texas, amending the 2015 Galveston Land Development Regulations, Article 2: Uses and Supplemental

Standards, Section 2.341: Place of Private Assembly to add a condition that allows a

“Place of Private Assembly” to be a Limited Use at 1301 Market; Planning Case Number 15ZA-002; making various findings and provisions related to the subject.

8A.PDF

PUBLIC COMMENTA. Agenda ItemsB. Non-Agenda Items

ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)

Ordinance Amending The BudgetConsider for approval an Ordinance of the City of Galveston, Texas, amending the total operating fund budget for fiscal year ending September 30, 2015, by transferring $1,047,239 from various accounts to adjust and properly record funding and unforeseen expenses in connection with capital projects not previously approved as part of the Fiscal Year 2015 Capital Budget; additional funds for space requirements, training, and professional services in the City Auditor ’s office; the establishment of a Parking Special Revenue Fund for the Downtown Paid Parking Program; making various findings and provisions related to the subject; and providing for an effective date. (M. Loftin)

10A001.PDF

Ordinance Amending Article III "Hotel Occupancy Tax" Of Chapter 33 "Taxation"Consider for approval an Ordinance of the City of Galveston, Texas, amending Article III “Hotel Occupancy Tax” of Chapter 33 “Taxation” of “The Code of the City of Galveston 1982, as amended” by modifying certain definitions; providing that a twenty-five dollar ($25.00) late fee be assessed for persons failing to file zero dollar tax reports; clarifying certain provisions related to tax collection suits; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

10B.PDF

Ordinance Amending Chapter 34 "Traffic"

Consider for approval an Ordinance of the City of Galveston, Texas, amending Chapter 34 “Traffic,” Article V “Stopping, Standing or Parking,” Division 3 “Metered Parking” of “The Code of the City of Galveston, 1982, as amended,” by adding a provision that the City will not charge for use of paid parking systems on Sundays; making various findings and provisions related to the subject; and providing for an effective date.

10C.PDF

CONSENT ITEMSThe following items shall be considered for action as a whole, unless one or more Council Members objects. The City Manager is authorized to execute all necessary documents

upon final approval by the City Attorney.

Resolution Supporting The Lower Brazos River CoalitionConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the creation of the Lower Brazos River Coalition; making various findings and provisions related to the subject; and providing for an effective date.

11A.PDF

Moved To Action Items

First Amendment To Economic Development Grant AgreementConsider for approval the First Amendment to the Economic Development Grant Agreement between the Port of Galveston and the Industrial Development Corporation (IDC) of the City of Galveston, Texas. (B. Cook)

11C.PDF

Approval Of Pre-Qualified ConsultantsConsider for approval of pre-qualified consultants for Geotechnical and Material Testing Services for various City of Galveston projects (RFQ 15-02B Geotechnical). (D. Christodoss)

11D.PDF

FEMA Environmental Assessment (EA) For The Proposed Seawolf Park Wastewater Treatment Plant

Consider for approval a proposal from LJA Engineering, Inc., for a FEMA Environmental Assessment (EA) for the proposed Seawolf Park Wastewater Treatment Plant Site. The cost is $24,100.00 and funding source for this project is

the Sewer Improvement Fund with possible 90% reimbursement from Pelican Island FEMA PW SW-165. (D. Christodoss)

11E.PDF

43rd Street Reconstruction ProjectConsider for approval additional engineering fees for $135,806 for IDS Engineering, for the 43rd Street Reconstruction Project. The funding source will be the CDBG

Disaster Recovery Non-Housing Round 2.1 program. IDS Engineering is on the

approved list of the GLO. (D. Christodoss)

11F-2.PDF

Goodman Corporation's Professional Services Contract ExtensionConsider for approval the option to extend the Goodman Corporation's Professional Services Contract for an additional two years. (D. Smith)

11G.PDF

Purchase Of Street Repair Service Truck And Associated EquipmentConsider for approval allowing the Garage to purchase the listed street repair service truck and associated equipment from Rush Truck Center through HGAC Buy for $169,626, which will be funded from the Infrastructure Set Aside Fund. (D. Smith)

11H.PDF

Public Works GPS UnitsConsider for approval of correction to the three (3) year contract from GPS Insight for the annual maintenance plan of Public Works GPS Units. The corrected amount is

$46,726.20, or an increase of $3,007.80. The funding source is various Public Works

maintenance accounts.

(C. DeWitt)

11I.PDF

Approval Of Quote For Repair At Lift Station #6Consider for approval the lowest quote from Hahn Equipment to repair one (1) sixty (60) horse power pump at Lift Station #6. The cost is $19,849.45. The funding source

is the Sewer Improvement Fund. (D. Van Riper)

11J.PDF

Purchase Of Fire Department Protective ClothingConsider for approval authorizing the Fire Department to purchase $55,000.00 worth of Firefighter Protective Clothing to maintain Firefighter safety and remain in compliance with Texas Commission on Fire Protection rules. (M. Wisko)

11K.PDF

Acceptance Of A Grant From The Texas Historical CommissionConsider for approval authorizing the City Manager to accept a grant from the Texas Historical Commission in the amount of $10,000.00 for a National Register of Historic Places nomination for the Lost Bayou Historic District, and appropriating the expenditure of $10,000.00. (C. Gorman)

11L.PDF

Laserfiche Avante PurchaseConsider for approval the purchase of an upgrade to the City's Laserfiche Software System to the Avante Platform from MCCI, an approved vendor through the Texas Department of Information Resources (DIR). The purchase price $79,301.66 and the

funding source is the Data Processing Software line item 0100-170100-564009-419000. (J. Williams)

11M.PDF

Annual Cost Of Primary Flood InsuranceConsider for approval the annual cost of primary flood insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term.

(RFP 12-13-010). The annual premium is approximately $148,812.00. (R. Simmons)

11N-2.PDF

Annual Cost Of Primary Windstorm Property InsuranceConsider for approval the annual cost of primary windstorm property insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term. (RFP 12 -13-010). The annual premium is approximately $354,896.00. (R.

Simmons)

11O-3.PDF

Resolution Approving The Sale Of Tax Foreclosed PropertiesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, approving the sale of certain tax foreclosed properties in the City and County of Galveston, Texas, said properties being more particularly described in instruments recorded in the Official Deed Records of Galveston County, Texas; authorizing the Mayor of the City of Galveston to execute deeds to the purchasers; declaring findings of fact and providing for an effective date. (T. Scott)

11P.PDF

Receive And File Audit ReportsReceive and file finalized Audit Report from the City Audit Department—Mettlach Enterprises, Inc.; Municipal Court Audit; Smidt JD Branch Holdings, LLC; System for Recording Grant Funds to Received Audit; Analysis of Coin Operated Machines. (G. Bulgherini)

11Q.PDF

Receive And File A Letter From The U.S. Department Of Housing And Urban Development

Receive and file a letter from the U.S. Department of Housing and Urban Development related to Fiscal Year 2015 funding for the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME).

11R.PDF

Approval Of MinutesConsider for approval minutes of the March 26, 2015 Workshop and Regular Meeting, and the April 9, 2015 Workshop and Regular Meeting. (J. Williams)

11S.PDF

Approval Of Park Board Master PlansConsider for approval of the Park Board of Trustees Beach Parks Master Plan and the Seawolf Park Master Plan.

Resolution Denying CenterPoint Energy's Distribution RatesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, finding that CenterPoint Energy Houston Electric, LLC ’s ( “Centerpoint” or “company ”) application for approval of a distribution cost recovery factor to increase distribution rates within the City should be denied; finding that the City ’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

11U.PDF

Resolution Supporting Legislation Amending Truancy Laws

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation which will amend the current truancy laws and associated penalties; directing the City Secretary to send a certified and true copy of this Resolution to Senators John Whitmire, Paul Bettencourt, Rodney Ellis, Sylvia Garcia, José Rodríguez, Royce West, and the Galveston State Legislative Delegation; making

various findings and provisions related to this subject; and providing for an effective date. (T. Tarlton/D. Palumbo)

11V.PDF

Resolution Supporting Legislation Allowing Publication Of Government Notices On A Newspaper's Internet Website

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation allowing publication of government notices on a newspaper ’s internet website; directing the City Secretary to send a certified and true copy of this Resolution to Representative Dan Flynn and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods/D. Palumbo)

11W.PDF

Resolution Supporting Legislation Relating To Body-Worn Camera Programs For Law Enforcement Agencies

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation relating to Body-Worn Camera Programs for law enforcement agencies; directing the City Secretary to send a certified and true copy of this Resolution to Senator Royce West and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods)

11X.PDF

ACTION ITEMS

Memorandum Of Understanding With Galveston CountyDiscuss and consider for action a Memorandum of Understanding between the City and Galveston County for the purposes of the Pelican Island Bridge (B. Maxwell)

Texas Public Utility's Commission's 2015 Consumer Price Index (CPI)Discuss and consider for action declining the Texas Public Utility Commission ’s 2015 Consumer Price Index (CPI) adjustment to municipal telecommunications right-of-way access line rates; and authorizing the City Manager to submit the necessary documents to decline the increased rates upon final approval by the City Attorney. (M. Loftin)

12B.PDF

Resolution 2015 Call For Candidate Projects--Phase 2 Of The Downtown Livable Communities Initiative Streetscape Improvements

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting Phase 2 of the Downtown Livable Communities Iniative Streetscape Improvements as a project nomination to the Texas Department of Transportation in the amount of $402,500.00 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing thirty percent (30%) local share in the amount of $172,500.00; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date.

12C001.PDF

Resolution 2015 Call For Candidate Projects--27th Street Corridor ProjectConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the 27th Street Corridor Project as a project nomination to the Texas Department of Transportation in the amount of $1,372,754 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing sixty six percent (66%) local share in the amount of $2,515,000.00 in matching funds; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date. (D. Henry)

12D.PDF

Use Of The City SealDiscuss and consider for action granting permission to the Juneteenth Committee for use of the City Seal for the Juneteenth 150th anniversary. (T. Woods)

President Obama's Executive OrderDiscuss and consider directing the City Manager to file comments to President Obama's Executive Order establishing a Federal Flood Risk Management Standard issued January 30, 2015.

12F.PDF

EXECUTIVE SESSION

Section 551.071Pursuant to Texas Government Code Section 551.071, “Consultation with Attorney” to discuss and receive legal advice concerning pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code –

CDM Smith, Inc. V. City Of Galveston, Et AlCause No. 13-CV-0844 – CDM Smith, Inc. v. City of Galveston, et al.; In the 56th Judicial District Court, Galveston County, Texas; and the companion appellate matter in Court of Appeals No. 14-14-00294-CV – City of Galveston, et al. v. CDM Smith, Inc. ; In the Fourteenth Court of Appeals.

ACTION ITEMS (RESULTING FROM EXECUTIVE SESSION)

Action Resulting From Executive SessionDiscuss and consider for action any Executive Session item listed on either the Regular Meeting Agenda or the Workshop Agenda for Thursday, April 23, 2015.

ADJOURNMENT

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on April 20, 2015 at 12:00 p.m.

Janelle WilliamsCity Secretary

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEXAS 77550, (409) 797-3510.

1.

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NOTICE OF MEETINGCITY COUNCIL OF THE CITY OF GALVESTONTHURSDAY -- APRIL 23, 2015 -- 1:00 P.M.OR IMMEDIATELY FOLLOWING THE WORKSHOPCOUNCIL CHAMBERS -- CITY HALL823 ROSENBERG, GALVESTONTELEPHONE: (409) 797-3510

DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

INVOCATIONRabbi Marshal Klaven, Congregation B'nai Israel

PLEDGE OF ALLEGIANCE

ROLL CALL

CONFLICTS OF INTEREST

PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGERA. Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items:

1.Expressions of thanks, gratitude, and condolences2. Information regarding holiday schedules3. Recognition of individuals a. ED Fest Day Proclamation

b. Lemonade Day Proclamation

c. Fair Housing Month Proclamation

d. Parkinson's Awareness Month Proclamation

e. Military Order of Foreign Wars Day Proclamation

f. Certificate of Recognition to the City of Galveston from the National League of

Cities

(NLC) for 45 years of membership and participation

4. Reminders regarding City Council events5. Reminders regarding community events6. Health and safety announcements

COMMUNICATIONS AND PETITIONSClaim #15-043 James JohnsonClaim #15-044 Anthony DearmonClaim #15-045 Sandra L. AllisonClaim #15-046 Debra EstherClaim #15-047 Pageant Gonzales

PUBLIC HEARINGS

Ordinance Amending The 2015 Land Development RegulationsConsider for approval an Ordinance of the City of Galveston, Texas, amending the 2015 Galveston Land Development Regulations, Article 2: Uses and Supplemental

Standards, Section 2.341: Place of Private Assembly to add a condition that allows a

“Place of Private Assembly” to be a Limited Use at 1301 Market; Planning Case Number 15ZA-002; making various findings and provisions related to the subject.

8A.PDF

PUBLIC COMMENTA. Agenda ItemsB. Non-Agenda Items

ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)

Ordinance Amending The BudgetConsider for approval an Ordinance of the City of Galveston, Texas, amending the total operating fund budget for fiscal year ending September 30, 2015, by transferring $1,047,239 from various accounts to adjust and properly record funding and unforeseen expenses in connection with capital projects not previously approved as part of the Fiscal Year 2015 Capital Budget; additional funds for space requirements, training, and professional services in the City Auditor ’s office; the establishment of a Parking Special Revenue Fund for the Downtown Paid Parking Program; making various findings and provisions related to the subject; and providing for an effective date. (M. Loftin)

10A001.PDF

Ordinance Amending Article III "Hotel Occupancy Tax" Of Chapter 33 "Taxation"Consider for approval an Ordinance of the City of Galveston, Texas, amending Article III “Hotel Occupancy Tax” of Chapter 33 “Taxation” of “The Code of the City of Galveston 1982, as amended” by modifying certain definitions; providing that a twenty-five dollar ($25.00) late fee be assessed for persons failing to file zero dollar tax reports; clarifying certain provisions related to tax collection suits; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

10B.PDF

Ordinance Amending Chapter 34 "Traffic"

Consider for approval an Ordinance of the City of Galveston, Texas, amending Chapter 34 “Traffic,” Article V “Stopping, Standing or Parking,” Division 3 “Metered Parking” of “The Code of the City of Galveston, 1982, as amended,” by adding a provision that the City will not charge for use of paid parking systems on Sundays; making various findings and provisions related to the subject; and providing for an effective date.

10C.PDF

CONSENT ITEMSThe following items shall be considered for action as a whole, unless one or more Council Members objects. The City Manager is authorized to execute all necessary documents

upon final approval by the City Attorney.

Resolution Supporting The Lower Brazos River CoalitionConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the creation of the Lower Brazos River Coalition; making various findings and provisions related to the subject; and providing for an effective date.

11A.PDF

Moved To Action Items

First Amendment To Economic Development Grant AgreementConsider for approval the First Amendment to the Economic Development Grant Agreement between the Port of Galveston and the Industrial Development Corporation (IDC) of the City of Galveston, Texas. (B. Cook)

11C.PDF

Approval Of Pre-Qualified ConsultantsConsider for approval of pre-qualified consultants for Geotechnical and Material Testing Services for various City of Galveston projects (RFQ 15-02B Geotechnical). (D. Christodoss)

11D.PDF

FEMA Environmental Assessment (EA) For The Proposed Seawolf Park Wastewater Treatment Plant

Consider for approval a proposal from LJA Engineering, Inc., for a FEMA Environmental Assessment (EA) for the proposed Seawolf Park Wastewater Treatment Plant Site. The cost is $24,100.00 and funding source for this project is

the Sewer Improvement Fund with possible 90% reimbursement from Pelican Island FEMA PW SW-165. (D. Christodoss)

11E.PDF

43rd Street Reconstruction ProjectConsider for approval additional engineering fees for $135,806 for IDS Engineering, for the 43rd Street Reconstruction Project. The funding source will be the CDBG

Disaster Recovery Non-Housing Round 2.1 program. IDS Engineering is on the

approved list of the GLO. (D. Christodoss)

11F-2.PDF

Goodman Corporation's Professional Services Contract ExtensionConsider for approval the option to extend the Goodman Corporation's Professional Services Contract for an additional two years. (D. Smith)

11G.PDF

Purchase Of Street Repair Service Truck And Associated EquipmentConsider for approval allowing the Garage to purchase the listed street repair service truck and associated equipment from Rush Truck Center through HGAC Buy for $169,626, which will be funded from the Infrastructure Set Aside Fund. (D. Smith)

11H.PDF

Public Works GPS UnitsConsider for approval of correction to the three (3) year contract from GPS Insight for the annual maintenance plan of Public Works GPS Units. The corrected amount is

$46,726.20, or an increase of $3,007.80. The funding source is various Public Works

maintenance accounts.

(C. DeWitt)

11I.PDF

Approval Of Quote For Repair At Lift Station #6Consider for approval the lowest quote from Hahn Equipment to repair one (1) sixty (60) horse power pump at Lift Station #6. The cost is $19,849.45. The funding source

is the Sewer Improvement Fund. (D. Van Riper)

11J.PDF

Purchase Of Fire Department Protective ClothingConsider for approval authorizing the Fire Department to purchase $55,000.00 worth of Firefighter Protective Clothing to maintain Firefighter safety and remain in compliance with Texas Commission on Fire Protection rules. (M. Wisko)

11K.PDF

Acceptance Of A Grant From The Texas Historical CommissionConsider for approval authorizing the City Manager to accept a grant from the Texas Historical Commission in the amount of $10,000.00 for a National Register of Historic Places nomination for the Lost Bayou Historic District, and appropriating the expenditure of $10,000.00. (C. Gorman)

11L.PDF

Laserfiche Avante PurchaseConsider for approval the purchase of an upgrade to the City's Laserfiche Software System to the Avante Platform from MCCI, an approved vendor through the Texas Department of Information Resources (DIR). The purchase price $79,301.66 and the

funding source is the Data Processing Software line item 0100-170100-564009-419000. (J. Williams)

11M.PDF

Annual Cost Of Primary Flood InsuranceConsider for approval the annual cost of primary flood insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term.

(RFP 12-13-010). The annual premium is approximately $148,812.00. (R. Simmons)

11N-2.PDF

Annual Cost Of Primary Windstorm Property InsuranceConsider for approval the annual cost of primary windstorm property insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term. (RFP 12 -13-010). The annual premium is approximately $354,896.00. (R.

Simmons)

11O-3.PDF

Resolution Approving The Sale Of Tax Foreclosed PropertiesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, approving the sale of certain tax foreclosed properties in the City and County of Galveston, Texas, said properties being more particularly described in instruments recorded in the Official Deed Records of Galveston County, Texas; authorizing the Mayor of the City of Galveston to execute deeds to the purchasers; declaring findings of fact and providing for an effective date. (T. Scott)

11P.PDF

Receive And File Audit ReportsReceive and file finalized Audit Report from the City Audit Department—Mettlach Enterprises, Inc.; Municipal Court Audit; Smidt JD Branch Holdings, LLC; System for Recording Grant Funds to Received Audit; Analysis of Coin Operated Machines. (G. Bulgherini)

11Q.PDF

Receive And File A Letter From The U.S. Department Of Housing And Urban Development

Receive and file a letter from the U.S. Department of Housing and Urban Development related to Fiscal Year 2015 funding for the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME).

11R.PDF

Approval Of MinutesConsider for approval minutes of the March 26, 2015 Workshop and Regular Meeting, and the April 9, 2015 Workshop and Regular Meeting. (J. Williams)

11S.PDF

Approval Of Park Board Master PlansConsider for approval of the Park Board of Trustees Beach Parks Master Plan and the Seawolf Park Master Plan.

Resolution Denying CenterPoint Energy's Distribution RatesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, finding that CenterPoint Energy Houston Electric, LLC ’s ( “Centerpoint” or “company ”) application for approval of a distribution cost recovery factor to increase distribution rates within the City should be denied; finding that the City ’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

11U.PDF

Resolution Supporting Legislation Amending Truancy Laws

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation which will amend the current truancy laws and associated penalties; directing the City Secretary to send a certified and true copy of this Resolution to Senators John Whitmire, Paul Bettencourt, Rodney Ellis, Sylvia Garcia, José Rodríguez, Royce West, and the Galveston State Legislative Delegation; making

various findings and provisions related to this subject; and providing for an effective date. (T. Tarlton/D. Palumbo)

11V.PDF

Resolution Supporting Legislation Allowing Publication Of Government Notices On A Newspaper's Internet Website

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation allowing publication of government notices on a newspaper ’s internet website; directing the City Secretary to send a certified and true copy of this Resolution to Representative Dan Flynn and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods/D. Palumbo)

11W.PDF

Resolution Supporting Legislation Relating To Body-Worn Camera Programs For Law Enforcement Agencies

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation relating to Body-Worn Camera Programs for law enforcement agencies; directing the City Secretary to send a certified and true copy of this Resolution to Senator Royce West and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods)

11X.PDF

ACTION ITEMS

Memorandum Of Understanding With Galveston CountyDiscuss and consider for action a Memorandum of Understanding between the City and Galveston County for the purposes of the Pelican Island Bridge (B. Maxwell)

Texas Public Utility's Commission's 2015 Consumer Price Index (CPI)Discuss and consider for action declining the Texas Public Utility Commission ’s 2015 Consumer Price Index (CPI) adjustment to municipal telecommunications right-of-way access line rates; and authorizing the City Manager to submit the necessary documents to decline the increased rates upon final approval by the City Attorney. (M. Loftin)

12B.PDF

Resolution 2015 Call For Candidate Projects--Phase 2 Of The Downtown Livable Communities Initiative Streetscape Improvements

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting Phase 2 of the Downtown Livable Communities Iniative Streetscape Improvements as a project nomination to the Texas Department of Transportation in the amount of $402,500.00 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing thirty percent (30%) local share in the amount of $172,500.00; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date.

12C001.PDF

Resolution 2015 Call For Candidate Projects--27th Street Corridor ProjectConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the 27th Street Corridor Project as a project nomination to the Texas Department of Transportation in the amount of $1,372,754 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing sixty six percent (66%) local share in the amount of $2,515,000.00 in matching funds; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date. (D. Henry)

12D.PDF

Use Of The City SealDiscuss and consider for action granting permission to the Juneteenth Committee for use of the City Seal for the Juneteenth 150th anniversary. (T. Woods)

President Obama's Executive OrderDiscuss and consider directing the City Manager to file comments to President Obama's Executive Order establishing a Federal Flood Risk Management Standard issued January 30, 2015.

12F.PDF

EXECUTIVE SESSION

Section 551.071Pursuant to Texas Government Code Section 551.071, “Consultation with Attorney” to discuss and receive legal advice concerning pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code –

CDM Smith, Inc. V. City Of Galveston, Et AlCause No. 13-CV-0844 – CDM Smith, Inc. v. City of Galveston, et al.; In the 56th Judicial District Court, Galveston County, Texas; and the companion appellate matter in Court of Appeals No. 14-14-00294-CV – City of Galveston, et al. v. CDM Smith, Inc. ; In the Fourteenth Court of Appeals.

ACTION ITEMS (RESULTING FROM EXECUTIVE SESSION)

Action Resulting From Executive SessionDiscuss and consider for action any Executive Session item listed on either the Regular Meeting Agenda or the Workshop Agenda for Thursday, April 23, 2015.

ADJOURNMENT

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on April 20, 2015 at 12:00 p.m.

Janelle WilliamsCity Secretary

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEXAS 77550, (409) 797-3510.

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NOTICE OF MEETINGCITY COUNCIL OF THE CITY OF GALVESTONTHURSDAY -- APRIL 23, 2015 -- 1:00 P.M.OR IMMEDIATELY FOLLOWING THE WORKSHOPCOUNCIL CHAMBERS -- CITY HALL823 ROSENBERG, GALVESTONTELEPHONE: (409) 797-3510

DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

INVOCATIONRabbi Marshal Klaven, Congregation B'nai Israel

PLEDGE OF ALLEGIANCE

ROLL CALL

CONFLICTS OF INTEREST

PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGERA. Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items:

1.Expressions of thanks, gratitude, and condolences2. Information regarding holiday schedules3. Recognition of individuals a. ED Fest Day Proclamation

b. Lemonade Day Proclamation

c. Fair Housing Month Proclamation

d. Parkinson's Awareness Month Proclamation

e. Military Order of Foreign Wars Day Proclamation

f. Certificate of Recognition to the City of Galveston from the National League of

Cities

(NLC) for 45 years of membership and participation

4. Reminders regarding City Council events5. Reminders regarding community events6. Health and safety announcements

COMMUNICATIONS AND PETITIONSClaim #15-043 James JohnsonClaim #15-044 Anthony DearmonClaim #15-045 Sandra L. AllisonClaim #15-046 Debra EstherClaim #15-047 Pageant Gonzales

PUBLIC HEARINGS

Ordinance Amending The 2015 Land Development RegulationsConsider for approval an Ordinance of the City of Galveston, Texas, amending the 2015 Galveston Land Development Regulations, Article 2: Uses and Supplemental

Standards, Section 2.341: Place of Private Assembly to add a condition that allows a

“Place of Private Assembly” to be a Limited Use at 1301 Market; Planning Case Number 15ZA-002; making various findings and provisions related to the subject.

8A.PDF

PUBLIC COMMENTA. Agenda ItemsB. Non-Agenda Items

ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)

Ordinance Amending The BudgetConsider for approval an Ordinance of the City of Galveston, Texas, amending the total operating fund budget for fiscal year ending September 30, 2015, by transferring $1,047,239 from various accounts to adjust and properly record funding and unforeseen expenses in connection with capital projects not previously approved as part of the Fiscal Year 2015 Capital Budget; additional funds for space requirements, training, and professional services in the City Auditor ’s office; the establishment of a Parking Special Revenue Fund for the Downtown Paid Parking Program; making various findings and provisions related to the subject; and providing for an effective date. (M. Loftin)

10A001.PDF

Ordinance Amending Article III "Hotel Occupancy Tax" Of Chapter 33 "Taxation"Consider for approval an Ordinance of the City of Galveston, Texas, amending Article III “Hotel Occupancy Tax” of Chapter 33 “Taxation” of “The Code of the City of Galveston 1982, as amended” by modifying certain definitions; providing that a twenty-five dollar ($25.00) late fee be assessed for persons failing to file zero dollar tax reports; clarifying certain provisions related to tax collection suits; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

10B.PDF

Ordinance Amending Chapter 34 "Traffic"

Consider for approval an Ordinance of the City of Galveston, Texas, amending Chapter 34 “Traffic,” Article V “Stopping, Standing or Parking,” Division 3 “Metered Parking” of “The Code of the City of Galveston, 1982, as amended,” by adding a provision that the City will not charge for use of paid parking systems on Sundays; making various findings and provisions related to the subject; and providing for an effective date.

10C.PDF

CONSENT ITEMSThe following items shall be considered for action as a whole, unless one or more Council Members objects. The City Manager is authorized to execute all necessary documents

upon final approval by the City Attorney.

Resolution Supporting The Lower Brazos River CoalitionConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the creation of the Lower Brazos River Coalition; making various findings and provisions related to the subject; and providing for an effective date.

11A.PDF

Moved To Action Items

First Amendment To Economic Development Grant AgreementConsider for approval the First Amendment to the Economic Development Grant Agreement between the Port of Galveston and the Industrial Development Corporation (IDC) of the City of Galveston, Texas. (B. Cook)

11C.PDF

Approval Of Pre-Qualified ConsultantsConsider for approval of pre-qualified consultants for Geotechnical and Material Testing Services for various City of Galveston projects (RFQ 15-02B Geotechnical). (D. Christodoss)

11D.PDF

FEMA Environmental Assessment (EA) For The Proposed Seawolf Park Wastewater Treatment Plant

Consider for approval a proposal from LJA Engineering, Inc., for a FEMA Environmental Assessment (EA) for the proposed Seawolf Park Wastewater Treatment Plant Site. The cost is $24,100.00 and funding source for this project is

the Sewer Improvement Fund with possible 90% reimbursement from Pelican Island FEMA PW SW-165. (D. Christodoss)

11E.PDF

43rd Street Reconstruction ProjectConsider for approval additional engineering fees for $135,806 for IDS Engineering, for the 43rd Street Reconstruction Project. The funding source will be the CDBG

Disaster Recovery Non-Housing Round 2.1 program. IDS Engineering is on the

approved list of the GLO. (D. Christodoss)

11F-2.PDF

Goodman Corporation's Professional Services Contract ExtensionConsider for approval the option to extend the Goodman Corporation's Professional Services Contract for an additional two years. (D. Smith)

11G.PDF

Purchase Of Street Repair Service Truck And Associated EquipmentConsider for approval allowing the Garage to purchase the listed street repair service truck and associated equipment from Rush Truck Center through HGAC Buy for $169,626, which will be funded from the Infrastructure Set Aside Fund. (D. Smith)

11H.PDF

Public Works GPS UnitsConsider for approval of correction to the three (3) year contract from GPS Insight for the annual maintenance plan of Public Works GPS Units. The corrected amount is

$46,726.20, or an increase of $3,007.80. The funding source is various Public Works

maintenance accounts.

(C. DeWitt)

11I.PDF

Approval Of Quote For Repair At Lift Station #6Consider for approval the lowest quote from Hahn Equipment to repair one (1) sixty (60) horse power pump at Lift Station #6. The cost is $19,849.45. The funding source

is the Sewer Improvement Fund. (D. Van Riper)

11J.PDF

Purchase Of Fire Department Protective ClothingConsider for approval authorizing the Fire Department to purchase $55,000.00 worth of Firefighter Protective Clothing to maintain Firefighter safety and remain in compliance with Texas Commission on Fire Protection rules. (M. Wisko)

11K.PDF

Acceptance Of A Grant From The Texas Historical CommissionConsider for approval authorizing the City Manager to accept a grant from the Texas Historical Commission in the amount of $10,000.00 for a National Register of Historic Places nomination for the Lost Bayou Historic District, and appropriating the expenditure of $10,000.00. (C. Gorman)

11L.PDF

Laserfiche Avante PurchaseConsider for approval the purchase of an upgrade to the City's Laserfiche Software System to the Avante Platform from MCCI, an approved vendor through the Texas Department of Information Resources (DIR). The purchase price $79,301.66 and the

funding source is the Data Processing Software line item 0100-170100-564009-419000. (J. Williams)

11M.PDF

Annual Cost Of Primary Flood InsuranceConsider for approval the annual cost of primary flood insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term.

(RFP 12-13-010). The annual premium is approximately $148,812.00. (R. Simmons)

11N-2.PDF

Annual Cost Of Primary Windstorm Property InsuranceConsider for approval the annual cost of primary windstorm property insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term. (RFP 12 -13-010). The annual premium is approximately $354,896.00. (R.

Simmons)

11O-3.PDF

Resolution Approving The Sale Of Tax Foreclosed PropertiesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, approving the sale of certain tax foreclosed properties in the City and County of Galveston, Texas, said properties being more particularly described in instruments recorded in the Official Deed Records of Galveston County, Texas; authorizing the Mayor of the City of Galveston to execute deeds to the purchasers; declaring findings of fact and providing for an effective date. (T. Scott)

11P.PDF

Receive And File Audit ReportsReceive and file finalized Audit Report from the City Audit Department—Mettlach Enterprises, Inc.; Municipal Court Audit; Smidt JD Branch Holdings, LLC; System for Recording Grant Funds to Received Audit; Analysis of Coin Operated Machines. (G. Bulgherini)

11Q.PDF

Receive And File A Letter From The U.S. Department Of Housing And Urban Development

Receive and file a letter from the U.S. Department of Housing and Urban Development related to Fiscal Year 2015 funding for the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME).

11R.PDF

Approval Of MinutesConsider for approval minutes of the March 26, 2015 Workshop and Regular Meeting, and the April 9, 2015 Workshop and Regular Meeting. (J. Williams)

11S.PDF

Approval Of Park Board Master PlansConsider for approval of the Park Board of Trustees Beach Parks Master Plan and the Seawolf Park Master Plan.

Resolution Denying CenterPoint Energy's Distribution RatesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, finding that CenterPoint Energy Houston Electric, LLC ’s ( “Centerpoint” or “company ”) application for approval of a distribution cost recovery factor to increase distribution rates within the City should be denied; finding that the City ’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

11U.PDF

Resolution Supporting Legislation Amending Truancy Laws

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation which will amend the current truancy laws and associated penalties; directing the City Secretary to send a certified and true copy of this Resolution to Senators John Whitmire, Paul Bettencourt, Rodney Ellis, Sylvia Garcia, José Rodríguez, Royce West, and the Galveston State Legislative Delegation; making

various findings and provisions related to this subject; and providing for an effective date. (T. Tarlton/D. Palumbo)

11V.PDF

Resolution Supporting Legislation Allowing Publication Of Government Notices On A Newspaper's Internet Website

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation allowing publication of government notices on a newspaper ’s internet website; directing the City Secretary to send a certified and true copy of this Resolution to Representative Dan Flynn and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods/D. Palumbo)

11W.PDF

Resolution Supporting Legislation Relating To Body-Worn Camera Programs For Law Enforcement Agencies

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation relating to Body-Worn Camera Programs for law enforcement agencies; directing the City Secretary to send a certified and true copy of this Resolution to Senator Royce West and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods)

11X.PDF

ACTION ITEMS

Memorandum Of Understanding With Galveston CountyDiscuss and consider for action a Memorandum of Understanding between the City and Galveston County for the purposes of the Pelican Island Bridge (B. Maxwell)

Texas Public Utility's Commission's 2015 Consumer Price Index (CPI)Discuss and consider for action declining the Texas Public Utility Commission ’s 2015 Consumer Price Index (CPI) adjustment to municipal telecommunications right-of-way access line rates; and authorizing the City Manager to submit the necessary documents to decline the increased rates upon final approval by the City Attorney. (M. Loftin)

12B.PDF

Resolution 2015 Call For Candidate Projects--Phase 2 Of The Downtown Livable Communities Initiative Streetscape Improvements

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting Phase 2 of the Downtown Livable Communities Iniative Streetscape Improvements as a project nomination to the Texas Department of Transportation in the amount of $402,500.00 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing thirty percent (30%) local share in the amount of $172,500.00; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date.

12C001.PDF

Resolution 2015 Call For Candidate Projects--27th Street Corridor ProjectConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the 27th Street Corridor Project as a project nomination to the Texas Department of Transportation in the amount of $1,372,754 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing sixty six percent (66%) local share in the amount of $2,515,000.00 in matching funds; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date. (D. Henry)

12D.PDF

Use Of The City SealDiscuss and consider for action granting permission to the Juneteenth Committee for use of the City Seal for the Juneteenth 150th anniversary. (T. Woods)

President Obama's Executive OrderDiscuss and consider directing the City Manager to file comments to President Obama's Executive Order establishing a Federal Flood Risk Management Standard issued January 30, 2015.

12F.PDF

EXECUTIVE SESSION

Section 551.071Pursuant to Texas Government Code Section 551.071, “Consultation with Attorney” to discuss and receive legal advice concerning pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code –

CDM Smith, Inc. V. City Of Galveston, Et AlCause No. 13-CV-0844 – CDM Smith, Inc. v. City of Galveston, et al.; In the 56th Judicial District Court, Galveston County, Texas; and the companion appellate matter in Court of Appeals No. 14-14-00294-CV – City of Galveston, et al. v. CDM Smith, Inc. ; In the Fourteenth Court of Appeals.

ACTION ITEMS (RESULTING FROM EXECUTIVE SESSION)

Action Resulting From Executive SessionDiscuss and consider for action any Executive Session item listed on either the Regular Meeting Agenda or the Workshop Agenda for Thursday, April 23, 2015.

ADJOURNMENT

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on April 20, 2015 at 12:00 p.m.

Janelle WilliamsCity Secretary

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEXAS 77550, (409) 797-3510.

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NOTICE OF MEETINGCITY COUNCIL OF THE CITY OF GALVESTONTHURSDAY -- APRIL 23, 2015 -- 1:00 P.M.OR IMMEDIATELY FOLLOWING THE WORKSHOPCOUNCIL CHAMBERS -- CITY HALL823 ROSENBERG, GALVESTONTELEPHONE: (409) 797-3510

DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

INVOCATIONRabbi Marshal Klaven, Congregation B'nai Israel

PLEDGE OF ALLEGIANCE

ROLL CALL

CONFLICTS OF INTEREST

PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGERA. Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items:

1.Expressions of thanks, gratitude, and condolences2. Information regarding holiday schedules3. Recognition of individuals a. ED Fest Day Proclamation

b. Lemonade Day Proclamation

c. Fair Housing Month Proclamation

d. Parkinson's Awareness Month Proclamation

e. Military Order of Foreign Wars Day Proclamation

f. Certificate of Recognition to the City of Galveston from the National League of

Cities

(NLC) for 45 years of membership and participation

4. Reminders regarding City Council events5. Reminders regarding community events6. Health and safety announcements

COMMUNICATIONS AND PETITIONSClaim #15-043 James JohnsonClaim #15-044 Anthony DearmonClaim #15-045 Sandra L. AllisonClaim #15-046 Debra EstherClaim #15-047 Pageant Gonzales

PUBLIC HEARINGS

Ordinance Amending The 2015 Land Development RegulationsConsider for approval an Ordinance of the City of Galveston, Texas, amending the 2015 Galveston Land Development Regulations, Article 2: Uses and Supplemental

Standards, Section 2.341: Place of Private Assembly to add a condition that allows a

“Place of Private Assembly” to be a Limited Use at 1301 Market; Planning Case Number 15ZA-002; making various findings and provisions related to the subject.

8A.PDF

PUBLIC COMMENTA. Agenda ItemsB. Non-Agenda Items

ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)

Ordinance Amending The BudgetConsider for approval an Ordinance of the City of Galveston, Texas, amending the total operating fund budget for fiscal year ending September 30, 2015, by transferring $1,047,239 from various accounts to adjust and properly record funding and unforeseen expenses in connection with capital projects not previously approved as part of the Fiscal Year 2015 Capital Budget; additional funds for space requirements, training, and professional services in the City Auditor ’s office; the establishment of a Parking Special Revenue Fund for the Downtown Paid Parking Program; making various findings and provisions related to the subject; and providing for an effective date. (M. Loftin)

10A001.PDF

Ordinance Amending Article III "Hotel Occupancy Tax" Of Chapter 33 "Taxation"Consider for approval an Ordinance of the City of Galveston, Texas, amending Article III “Hotel Occupancy Tax” of Chapter 33 “Taxation” of “The Code of the City of Galveston 1982, as amended” by modifying certain definitions; providing that a twenty-five dollar ($25.00) late fee be assessed for persons failing to file zero dollar tax reports; clarifying certain provisions related to tax collection suits; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

10B.PDF

Ordinance Amending Chapter 34 "Traffic"

Consider for approval an Ordinance of the City of Galveston, Texas, amending Chapter 34 “Traffic,” Article V “Stopping, Standing or Parking,” Division 3 “Metered Parking” of “The Code of the City of Galveston, 1982, as amended,” by adding a provision that the City will not charge for use of paid parking systems on Sundays; making various findings and provisions related to the subject; and providing for an effective date.

10C.PDF

CONSENT ITEMSThe following items shall be considered for action as a whole, unless one or more Council Members objects. The City Manager is authorized to execute all necessary documents

upon final approval by the City Attorney.

Resolution Supporting The Lower Brazos River CoalitionConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the creation of the Lower Brazos River Coalition; making various findings and provisions related to the subject; and providing for an effective date.

11A.PDF

Moved To Action Items

First Amendment To Economic Development Grant AgreementConsider for approval the First Amendment to the Economic Development Grant Agreement between the Port of Galveston and the Industrial Development Corporation (IDC) of the City of Galveston, Texas. (B. Cook)

11C.PDF

Approval Of Pre-Qualified ConsultantsConsider for approval of pre-qualified consultants for Geotechnical and Material Testing Services for various City of Galveston projects (RFQ 15-02B Geotechnical). (D. Christodoss)

11D.PDF

FEMA Environmental Assessment (EA) For The Proposed Seawolf Park Wastewater Treatment Plant

Consider for approval a proposal from LJA Engineering, Inc., for a FEMA Environmental Assessment (EA) for the proposed Seawolf Park Wastewater Treatment Plant Site. The cost is $24,100.00 and funding source for this project is

the Sewer Improvement Fund with possible 90% reimbursement from Pelican Island FEMA PW SW-165. (D. Christodoss)

11E.PDF

43rd Street Reconstruction ProjectConsider for approval additional engineering fees for $135,806 for IDS Engineering, for the 43rd Street Reconstruction Project. The funding source will be the CDBG

Disaster Recovery Non-Housing Round 2.1 program. IDS Engineering is on the

approved list of the GLO. (D. Christodoss)

11F-2.PDF

Goodman Corporation's Professional Services Contract ExtensionConsider for approval the option to extend the Goodman Corporation's Professional Services Contract for an additional two years. (D. Smith)

11G.PDF

Purchase Of Street Repair Service Truck And Associated EquipmentConsider for approval allowing the Garage to purchase the listed street repair service truck and associated equipment from Rush Truck Center through HGAC Buy for $169,626, which will be funded from the Infrastructure Set Aside Fund. (D. Smith)

11H.PDF

Public Works GPS UnitsConsider for approval of correction to the three (3) year contract from GPS Insight for the annual maintenance plan of Public Works GPS Units. The corrected amount is

$46,726.20, or an increase of $3,007.80. The funding source is various Public Works

maintenance accounts.

(C. DeWitt)

11I.PDF

Approval Of Quote For Repair At Lift Station #6Consider for approval the lowest quote from Hahn Equipment to repair one (1) sixty (60) horse power pump at Lift Station #6. The cost is $19,849.45. The funding source

is the Sewer Improvement Fund. (D. Van Riper)

11J.PDF

Purchase Of Fire Department Protective ClothingConsider for approval authorizing the Fire Department to purchase $55,000.00 worth of Firefighter Protective Clothing to maintain Firefighter safety and remain in compliance with Texas Commission on Fire Protection rules. (M. Wisko)

11K.PDF

Acceptance Of A Grant From The Texas Historical CommissionConsider for approval authorizing the City Manager to accept a grant from the Texas Historical Commission in the amount of $10,000.00 for a National Register of Historic Places nomination for the Lost Bayou Historic District, and appropriating the expenditure of $10,000.00. (C. Gorman)

11L.PDF

Laserfiche Avante PurchaseConsider for approval the purchase of an upgrade to the City's Laserfiche Software System to the Avante Platform from MCCI, an approved vendor through the Texas Department of Information Resources (DIR). The purchase price $79,301.66 and the

funding source is the Data Processing Software line item 0100-170100-564009-419000. (J. Williams)

11M.PDF

Annual Cost Of Primary Flood InsuranceConsider for approval the annual cost of primary flood insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term.

(RFP 12-13-010). The annual premium is approximately $148,812.00. (R. Simmons)

11N-2.PDF

Annual Cost Of Primary Windstorm Property InsuranceConsider for approval the annual cost of primary windstorm property insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term. (RFP 12 -13-010). The annual premium is approximately $354,896.00. (R.

Simmons)

11O-3.PDF

Resolution Approving The Sale Of Tax Foreclosed PropertiesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, approving the sale of certain tax foreclosed properties in the City and County of Galveston, Texas, said properties being more particularly described in instruments recorded in the Official Deed Records of Galveston County, Texas; authorizing the Mayor of the City of Galveston to execute deeds to the purchasers; declaring findings of fact and providing for an effective date. (T. Scott)

11P.PDF

Receive And File Audit ReportsReceive and file finalized Audit Report from the City Audit Department—Mettlach Enterprises, Inc.; Municipal Court Audit; Smidt JD Branch Holdings, LLC; System for Recording Grant Funds to Received Audit; Analysis of Coin Operated Machines. (G. Bulgherini)

11Q.PDF

Receive And File A Letter From The U.S. Department Of Housing And Urban Development

Receive and file a letter from the U.S. Department of Housing and Urban Development related to Fiscal Year 2015 funding for the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME).

11R.PDF

Approval Of MinutesConsider for approval minutes of the March 26, 2015 Workshop and Regular Meeting, and the April 9, 2015 Workshop and Regular Meeting. (J. Williams)

11S.PDF

Approval Of Park Board Master PlansConsider for approval of the Park Board of Trustees Beach Parks Master Plan and the Seawolf Park Master Plan.

Resolution Denying CenterPoint Energy's Distribution RatesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, finding that CenterPoint Energy Houston Electric, LLC ’s ( “Centerpoint” or “company ”) application for approval of a distribution cost recovery factor to increase distribution rates within the City should be denied; finding that the City ’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

11U.PDF

Resolution Supporting Legislation Amending Truancy Laws

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation which will amend the current truancy laws and associated penalties; directing the City Secretary to send a certified and true copy of this Resolution to Senators John Whitmire, Paul Bettencourt, Rodney Ellis, Sylvia Garcia, José Rodríguez, Royce West, and the Galveston State Legislative Delegation; making

various findings and provisions related to this subject; and providing for an effective date. (T. Tarlton/D. Palumbo)

11V.PDF

Resolution Supporting Legislation Allowing Publication Of Government Notices On A Newspaper's Internet Website

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation allowing publication of government notices on a newspaper ’s internet website; directing the City Secretary to send a certified and true copy of this Resolution to Representative Dan Flynn and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods/D. Palumbo)

11W.PDF

Resolution Supporting Legislation Relating To Body-Worn Camera Programs For Law Enforcement Agencies

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation relating to Body-Worn Camera Programs for law enforcement agencies; directing the City Secretary to send a certified and true copy of this Resolution to Senator Royce West and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods)

11X.PDF

ACTION ITEMS

Memorandum Of Understanding With Galveston CountyDiscuss and consider for action a Memorandum of Understanding between the City and Galveston County for the purposes of the Pelican Island Bridge (B. Maxwell)

Texas Public Utility's Commission's 2015 Consumer Price Index (CPI)Discuss and consider for action declining the Texas Public Utility Commission ’s 2015 Consumer Price Index (CPI) adjustment to municipal telecommunications right-of-way access line rates; and authorizing the City Manager to submit the necessary documents to decline the increased rates upon final approval by the City Attorney. (M. Loftin)

12B.PDF

Resolution 2015 Call For Candidate Projects--Phase 2 Of The Downtown Livable Communities Initiative Streetscape Improvements

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting Phase 2 of the Downtown Livable Communities Iniative Streetscape Improvements as a project nomination to the Texas Department of Transportation in the amount of $402,500.00 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing thirty percent (30%) local share in the amount of $172,500.00; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date.

12C001.PDF

Resolution 2015 Call For Candidate Projects--27th Street Corridor ProjectConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the 27th Street Corridor Project as a project nomination to the Texas Department of Transportation in the amount of $1,372,754 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing sixty six percent (66%) local share in the amount of $2,515,000.00 in matching funds; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date. (D. Henry)

12D.PDF

Use Of The City SealDiscuss and consider for action granting permission to the Juneteenth Committee for use of the City Seal for the Juneteenth 150th anniversary. (T. Woods)

President Obama's Executive OrderDiscuss and consider directing the City Manager to file comments to President Obama's Executive Order establishing a Federal Flood Risk Management Standard issued January 30, 2015.

12F.PDF

EXECUTIVE SESSION

Section 551.071Pursuant to Texas Government Code Section 551.071, “Consultation with Attorney” to discuss and receive legal advice concerning pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code –

CDM Smith, Inc. V. City Of Galveston, Et AlCause No. 13-CV-0844 – CDM Smith, Inc. v. City of Galveston, et al.; In the 56th Judicial District Court, Galveston County, Texas; and the companion appellate matter in Court of Appeals No. 14-14-00294-CV – City of Galveston, et al. v. CDM Smith, Inc. ; In the Fourteenth Court of Appeals.

ACTION ITEMS (RESULTING FROM EXECUTIVE SESSION)

Action Resulting From Executive SessionDiscuss and consider for action any Executive Session item listed on either the Regular Meeting Agenda or the Workshop Agenda for Thursday, April 23, 2015.

ADJOURNMENT

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on April 20, 2015 at 12:00 p.m.

Janelle WilliamsCity Secretary

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEXAS 77550, (409) 797-3510.

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NOTICE OF MEETINGCITY COUNCIL OF THE CITY OF GALVESTONTHURSDAY -- APRIL 23, 2015 -- 1:00 P.M.OR IMMEDIATELY FOLLOWING THE WORKSHOPCOUNCIL CHAMBERS -- CITY HALL823 ROSENBERG, GALVESTONTELEPHONE: (409) 797-3510

DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

INVOCATIONRabbi Marshal Klaven, Congregation B'nai Israel

PLEDGE OF ALLEGIANCE

ROLL CALL

CONFLICTS OF INTEREST

PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGERA. Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items:

1.Expressions of thanks, gratitude, and condolences2. Information regarding holiday schedules3. Recognition of individuals a. ED Fest Day Proclamation

b. Lemonade Day Proclamation

c. Fair Housing Month Proclamation

d. Parkinson's Awareness Month Proclamation

e. Military Order of Foreign Wars Day Proclamation

f. Certificate of Recognition to the City of Galveston from the National League of

Cities

(NLC) for 45 years of membership and participation

4. Reminders regarding City Council events5. Reminders regarding community events6. Health and safety announcements

COMMUNICATIONS AND PETITIONSClaim #15-043 James JohnsonClaim #15-044 Anthony DearmonClaim #15-045 Sandra L. AllisonClaim #15-046 Debra EstherClaim #15-047 Pageant Gonzales

PUBLIC HEARINGS

Ordinance Amending The 2015 Land Development RegulationsConsider for approval an Ordinance of the City of Galveston, Texas, amending the 2015 Galveston Land Development Regulations, Article 2: Uses and Supplemental

Standards, Section 2.341: Place of Private Assembly to add a condition that allows a

“Place of Private Assembly” to be a Limited Use at 1301 Market; Planning Case Number 15ZA-002; making various findings and provisions related to the subject.

8A.PDF

PUBLIC COMMENTA. Agenda ItemsB. Non-Agenda Items

ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)

Ordinance Amending The BudgetConsider for approval an Ordinance of the City of Galveston, Texas, amending the total operating fund budget for fiscal year ending September 30, 2015, by transferring $1,047,239 from various accounts to adjust and properly record funding and unforeseen expenses in connection with capital projects not previously approved as part of the Fiscal Year 2015 Capital Budget; additional funds for space requirements, training, and professional services in the City Auditor ’s office; the establishment of a Parking Special Revenue Fund for the Downtown Paid Parking Program; making various findings and provisions related to the subject; and providing for an effective date. (M. Loftin)

10A001.PDF

Ordinance Amending Article III "Hotel Occupancy Tax" Of Chapter 33 "Taxation"Consider for approval an Ordinance of the City of Galveston, Texas, amending Article III “Hotel Occupancy Tax” of Chapter 33 “Taxation” of “The Code of the City of Galveston 1982, as amended” by modifying certain definitions; providing that a twenty-five dollar ($25.00) late fee be assessed for persons failing to file zero dollar tax reports; clarifying certain provisions related to tax collection suits; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

10B.PDF

Ordinance Amending Chapter 34 "Traffic"

Consider for approval an Ordinance of the City of Galveston, Texas, amending Chapter 34 “Traffic,” Article V “Stopping, Standing or Parking,” Division 3 “Metered Parking” of “The Code of the City of Galveston, 1982, as amended,” by adding a provision that the City will not charge for use of paid parking systems on Sundays; making various findings and provisions related to the subject; and providing for an effective date.

10C.PDF

CONSENT ITEMSThe following items shall be considered for action as a whole, unless one or more Council Members objects. The City Manager is authorized to execute all necessary documents

upon final approval by the City Attorney.

Resolution Supporting The Lower Brazos River CoalitionConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the creation of the Lower Brazos River Coalition; making various findings and provisions related to the subject; and providing for an effective date.

11A.PDF

Moved To Action Items

First Amendment To Economic Development Grant AgreementConsider for approval the First Amendment to the Economic Development Grant Agreement between the Port of Galveston and the Industrial Development Corporation (IDC) of the City of Galveston, Texas. (B. Cook)

11C.PDF

Approval Of Pre-Qualified ConsultantsConsider for approval of pre-qualified consultants for Geotechnical and Material Testing Services for various City of Galveston projects (RFQ 15-02B Geotechnical). (D. Christodoss)

11D.PDF

FEMA Environmental Assessment (EA) For The Proposed Seawolf Park Wastewater Treatment Plant

Consider for approval a proposal from LJA Engineering, Inc., for a FEMA Environmental Assessment (EA) for the proposed Seawolf Park Wastewater Treatment Plant Site. The cost is $24,100.00 and funding source for this project is

the Sewer Improvement Fund with possible 90% reimbursement from Pelican Island FEMA PW SW-165. (D. Christodoss)

11E.PDF

43rd Street Reconstruction ProjectConsider for approval additional engineering fees for $135,806 for IDS Engineering, for the 43rd Street Reconstruction Project. The funding source will be the CDBG

Disaster Recovery Non-Housing Round 2.1 program. IDS Engineering is on the

approved list of the GLO. (D. Christodoss)

11F-2.PDF

Goodman Corporation's Professional Services Contract ExtensionConsider for approval the option to extend the Goodman Corporation's Professional Services Contract for an additional two years. (D. Smith)

11G.PDF

Purchase Of Street Repair Service Truck And Associated EquipmentConsider for approval allowing the Garage to purchase the listed street repair service truck and associated equipment from Rush Truck Center through HGAC Buy for $169,626, which will be funded from the Infrastructure Set Aside Fund. (D. Smith)

11H.PDF

Public Works GPS UnitsConsider for approval of correction to the three (3) year contract from GPS Insight for the annual maintenance plan of Public Works GPS Units. The corrected amount is

$46,726.20, or an increase of $3,007.80. The funding source is various Public Works

maintenance accounts.

(C. DeWitt)

11I.PDF

Approval Of Quote For Repair At Lift Station #6Consider for approval the lowest quote from Hahn Equipment to repair one (1) sixty (60) horse power pump at Lift Station #6. The cost is $19,849.45. The funding source

is the Sewer Improvement Fund. (D. Van Riper)

11J.PDF

Purchase Of Fire Department Protective ClothingConsider for approval authorizing the Fire Department to purchase $55,000.00 worth of Firefighter Protective Clothing to maintain Firefighter safety and remain in compliance with Texas Commission on Fire Protection rules. (M. Wisko)

11K.PDF

Acceptance Of A Grant From The Texas Historical CommissionConsider for approval authorizing the City Manager to accept a grant from the Texas Historical Commission in the amount of $10,000.00 for a National Register of Historic Places nomination for the Lost Bayou Historic District, and appropriating the expenditure of $10,000.00. (C. Gorman)

11L.PDF

Laserfiche Avante PurchaseConsider for approval the purchase of an upgrade to the City's Laserfiche Software System to the Avante Platform from MCCI, an approved vendor through the Texas Department of Information Resources (DIR). The purchase price $79,301.66 and the

funding source is the Data Processing Software line item 0100-170100-564009-419000. (J. Williams)

11M.PDF

Annual Cost Of Primary Flood InsuranceConsider for approval the annual cost of primary flood insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term.

(RFP 12-13-010). The annual premium is approximately $148,812.00. (R. Simmons)

11N-2.PDF

Annual Cost Of Primary Windstorm Property InsuranceConsider for approval the annual cost of primary windstorm property insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term. (RFP 12 -13-010). The annual premium is approximately $354,896.00. (R.

Simmons)

11O-3.PDF

Resolution Approving The Sale Of Tax Foreclosed PropertiesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, approving the sale of certain tax foreclosed properties in the City and County of Galveston, Texas, said properties being more particularly described in instruments recorded in the Official Deed Records of Galveston County, Texas; authorizing the Mayor of the City of Galveston to execute deeds to the purchasers; declaring findings of fact and providing for an effective date. (T. Scott)

11P.PDF

Receive And File Audit ReportsReceive and file finalized Audit Report from the City Audit Department—Mettlach Enterprises, Inc.; Municipal Court Audit; Smidt JD Branch Holdings, LLC; System for Recording Grant Funds to Received Audit; Analysis of Coin Operated Machines. (G. Bulgherini)

11Q.PDF

Receive And File A Letter From The U.S. Department Of Housing And Urban Development

Receive and file a letter from the U.S. Department of Housing and Urban Development related to Fiscal Year 2015 funding for the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME).

11R.PDF

Approval Of MinutesConsider for approval minutes of the March 26, 2015 Workshop and Regular Meeting, and the April 9, 2015 Workshop and Regular Meeting. (J. Williams)

11S.PDF

Approval Of Park Board Master PlansConsider for approval of the Park Board of Trustees Beach Parks Master Plan and the Seawolf Park Master Plan.

Resolution Denying CenterPoint Energy's Distribution RatesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, finding that CenterPoint Energy Houston Electric, LLC ’s ( “Centerpoint” or “company ”) application for approval of a distribution cost recovery factor to increase distribution rates within the City should be denied; finding that the City ’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

11U.PDF

Resolution Supporting Legislation Amending Truancy Laws

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation which will amend the current truancy laws and associated penalties; directing the City Secretary to send a certified and true copy of this Resolution to Senators John Whitmire, Paul Bettencourt, Rodney Ellis, Sylvia Garcia, José Rodríguez, Royce West, and the Galveston State Legislative Delegation; making

various findings and provisions related to this subject; and providing for an effective date. (T. Tarlton/D. Palumbo)

11V.PDF

Resolution Supporting Legislation Allowing Publication Of Government Notices On A Newspaper's Internet Website

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation allowing publication of government notices on a newspaper ’s internet website; directing the City Secretary to send a certified and true copy of this Resolution to Representative Dan Flynn and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods/D. Palumbo)

11W.PDF

Resolution Supporting Legislation Relating To Body-Worn Camera Programs For Law Enforcement Agencies

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation relating to Body-Worn Camera Programs for law enforcement agencies; directing the City Secretary to send a certified and true copy of this Resolution to Senator Royce West and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods)

11X.PDF

ACTION ITEMS

Memorandum Of Understanding With Galveston CountyDiscuss and consider for action a Memorandum of Understanding between the City and Galveston County for the purposes of the Pelican Island Bridge (B. Maxwell)

Texas Public Utility's Commission's 2015 Consumer Price Index (CPI)Discuss and consider for action declining the Texas Public Utility Commission ’s 2015 Consumer Price Index (CPI) adjustment to municipal telecommunications right-of-way access line rates; and authorizing the City Manager to submit the necessary documents to decline the increased rates upon final approval by the City Attorney. (M. Loftin)

12B.PDF

Resolution 2015 Call For Candidate Projects--Phase 2 Of The Downtown Livable Communities Initiative Streetscape Improvements

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting Phase 2 of the Downtown Livable Communities Iniative Streetscape Improvements as a project nomination to the Texas Department of Transportation in the amount of $402,500.00 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing thirty percent (30%) local share in the amount of $172,500.00; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date.

12C001.PDF

Resolution 2015 Call For Candidate Projects--27th Street Corridor ProjectConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the 27th Street Corridor Project as a project nomination to the Texas Department of Transportation in the amount of $1,372,754 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing sixty six percent (66%) local share in the amount of $2,515,000.00 in matching funds; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date. (D. Henry)

12D.PDF

Use Of The City SealDiscuss and consider for action granting permission to the Juneteenth Committee for use of the City Seal for the Juneteenth 150th anniversary. (T. Woods)

President Obama's Executive OrderDiscuss and consider directing the City Manager to file comments to President Obama's Executive Order establishing a Federal Flood Risk Management Standard issued January 30, 2015.

12F.PDF

EXECUTIVE SESSION

Section 551.071Pursuant to Texas Government Code Section 551.071, “Consultation with Attorney” to discuss and receive legal advice concerning pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code –

CDM Smith, Inc. V. City Of Galveston, Et AlCause No. 13-CV-0844 – CDM Smith, Inc. v. City of Galveston, et al.; In the 56th Judicial District Court, Galveston County, Texas; and the companion appellate matter in Court of Appeals No. 14-14-00294-CV – City of Galveston, et al. v. CDM Smith, Inc. ; In the Fourteenth Court of Appeals.

ACTION ITEMS (RESULTING FROM EXECUTIVE SESSION)

Action Resulting From Executive SessionDiscuss and consider for action any Executive Session item listed on either the Regular Meeting Agenda or the Workshop Agenda for Thursday, April 23, 2015.

ADJOURNMENT

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on April 20, 2015 at 12:00 p.m.

Janelle WilliamsCity Secretary

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEXAS 77550, (409) 797-3510.

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NOTICE OF MEETINGCITY COUNCIL OF THE CITY OF GALVESTONTHURSDAY -- APRIL 23, 2015 -- 1:00 P.M.OR IMMEDIATELY FOLLOWING THE WORKSHOPCOUNCIL CHAMBERS -- CITY HALL823 ROSENBERG, GALVESTONTELEPHONE: (409) 797-3510

DECLARATION OF A QUORUM AND CALL MEETING TO ORDER

INVOCATIONRabbi Marshal Klaven, Congregation B'nai Israel

PLEDGE OF ALLEGIANCE

ROLL CALL

CONFLICTS OF INTEREST

PRESENTATIONS/REPORTS OF COUNCIL, OFFICER BOARDS, AND CITY MANAGERA. Pursuant to Texas Government Code Section 551.0415, the City Council may report on any of the following items:

1.Expressions of thanks, gratitude, and condolences2. Information regarding holiday schedules3. Recognition of individuals a. ED Fest Day Proclamation

b. Lemonade Day Proclamation

c. Fair Housing Month Proclamation

d. Parkinson's Awareness Month Proclamation

e. Military Order of Foreign Wars Day Proclamation

f. Certificate of Recognition to the City of Galveston from the National League of

Cities

(NLC) for 45 years of membership and participation

4. Reminders regarding City Council events5. Reminders regarding community events6. Health and safety announcements

COMMUNICATIONS AND PETITIONSClaim #15-043 James JohnsonClaim #15-044 Anthony DearmonClaim #15-045 Sandra L. AllisonClaim #15-046 Debra EstherClaim #15-047 Pageant Gonzales

PUBLIC HEARINGS

Ordinance Amending The 2015 Land Development RegulationsConsider for approval an Ordinance of the City of Galveston, Texas, amending the 2015 Galveston Land Development Regulations, Article 2: Uses and Supplemental

Standards, Section 2.341: Place of Private Assembly to add a condition that allows a

“Place of Private Assembly” to be a Limited Use at 1301 Market; Planning Case Number 15ZA-002; making various findings and provisions related to the subject.

8A.PDF

PUBLIC COMMENTA. Agenda ItemsB. Non-Agenda Items

ORDINANCES (NOT REQUIRING PUBLIC HEARINGS)

Ordinance Amending The BudgetConsider for approval an Ordinance of the City of Galveston, Texas, amending the total operating fund budget for fiscal year ending September 30, 2015, by transferring $1,047,239 from various accounts to adjust and properly record funding and unforeseen expenses in connection with capital projects not previously approved as part of the Fiscal Year 2015 Capital Budget; additional funds for space requirements, training, and professional services in the City Auditor ’s office; the establishment of a Parking Special Revenue Fund for the Downtown Paid Parking Program; making various findings and provisions related to the subject; and providing for an effective date. (M. Loftin)

10A001.PDF

Ordinance Amending Article III "Hotel Occupancy Tax" Of Chapter 33 "Taxation"Consider for approval an Ordinance of the City of Galveston, Texas, amending Article III “Hotel Occupancy Tax” of Chapter 33 “Taxation” of “The Code of the City of Galveston 1982, as amended” by modifying certain definitions; providing that a twenty-five dollar ($25.00) late fee be assessed for persons failing to file zero dollar tax reports; clarifying certain provisions related to tax collection suits; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

10B.PDF

Ordinance Amending Chapter 34 "Traffic"

Consider for approval an Ordinance of the City of Galveston, Texas, amending Chapter 34 “Traffic,” Article V “Stopping, Standing or Parking,” Division 3 “Metered Parking” of “The Code of the City of Galveston, 1982, as amended,” by adding a provision that the City will not charge for use of paid parking systems on Sundays; making various findings and provisions related to the subject; and providing for an effective date.

10C.PDF

CONSENT ITEMSThe following items shall be considered for action as a whole, unless one or more Council Members objects. The City Manager is authorized to execute all necessary documents

upon final approval by the City Attorney.

Resolution Supporting The Lower Brazos River CoalitionConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the creation of the Lower Brazos River Coalition; making various findings and provisions related to the subject; and providing for an effective date.

11A.PDF

Moved To Action Items

First Amendment To Economic Development Grant AgreementConsider for approval the First Amendment to the Economic Development Grant Agreement between the Port of Galveston and the Industrial Development Corporation (IDC) of the City of Galveston, Texas. (B. Cook)

11C.PDF

Approval Of Pre-Qualified ConsultantsConsider for approval of pre-qualified consultants for Geotechnical and Material Testing Services for various City of Galveston projects (RFQ 15-02B Geotechnical). (D. Christodoss)

11D.PDF

FEMA Environmental Assessment (EA) For The Proposed Seawolf Park Wastewater Treatment Plant

Consider for approval a proposal from LJA Engineering, Inc., for a FEMA Environmental Assessment (EA) for the proposed Seawolf Park Wastewater Treatment Plant Site. The cost is $24,100.00 and funding source for this project is

the Sewer Improvement Fund with possible 90% reimbursement from Pelican Island FEMA PW SW-165. (D. Christodoss)

11E.PDF

43rd Street Reconstruction ProjectConsider for approval additional engineering fees for $135,806 for IDS Engineering, for the 43rd Street Reconstruction Project. The funding source will be the CDBG

Disaster Recovery Non-Housing Round 2.1 program. IDS Engineering is on the

approved list of the GLO. (D. Christodoss)

11F-2.PDF

Goodman Corporation's Professional Services Contract ExtensionConsider for approval the option to extend the Goodman Corporation's Professional Services Contract for an additional two years. (D. Smith)

11G.PDF

Purchase Of Street Repair Service Truck And Associated EquipmentConsider for approval allowing the Garage to purchase the listed street repair service truck and associated equipment from Rush Truck Center through HGAC Buy for $169,626, which will be funded from the Infrastructure Set Aside Fund. (D. Smith)

11H.PDF

Public Works GPS UnitsConsider for approval of correction to the three (3) year contract from GPS Insight for the annual maintenance plan of Public Works GPS Units. The corrected amount is

$46,726.20, or an increase of $3,007.80. The funding source is various Public Works

maintenance accounts.

(C. DeWitt)

11I.PDF

Approval Of Quote For Repair At Lift Station #6Consider for approval the lowest quote from Hahn Equipment to repair one (1) sixty (60) horse power pump at Lift Station #6. The cost is $19,849.45. The funding source

is the Sewer Improvement Fund. (D. Van Riper)

11J.PDF

Purchase Of Fire Department Protective ClothingConsider for approval authorizing the Fire Department to purchase $55,000.00 worth of Firefighter Protective Clothing to maintain Firefighter safety and remain in compliance with Texas Commission on Fire Protection rules. (M. Wisko)

11K.PDF

Acceptance Of A Grant From The Texas Historical CommissionConsider for approval authorizing the City Manager to accept a grant from the Texas Historical Commission in the amount of $10,000.00 for a National Register of Historic Places nomination for the Lost Bayou Historic District, and appropriating the expenditure of $10,000.00. (C. Gorman)

11L.PDF

Laserfiche Avante PurchaseConsider for approval the purchase of an upgrade to the City's Laserfiche Software System to the Avante Platform from MCCI, an approved vendor through the Texas Department of Information Resources (DIR). The purchase price $79,301.66 and the

funding source is the Data Processing Software line item 0100-170100-564009-419000. (J. Williams)

11M.PDF

Annual Cost Of Primary Flood InsuranceConsider for approval the annual cost of primary flood insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term.

(RFP 12-13-010). The annual premium is approximately $148,812.00. (R. Simmons)

11N-2.PDF

Annual Cost Of Primary Windstorm Property InsuranceConsider for approval the annual cost of primary windstorm property insurance to Galveston Insurance Associates (GIA) for the third year of a Council approved three year term. (RFP 12 -13-010). The annual premium is approximately $354,896.00. (R.

Simmons)

11O-3.PDF

Resolution Approving The Sale Of Tax Foreclosed PropertiesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, approving the sale of certain tax foreclosed properties in the City and County of Galveston, Texas, said properties being more particularly described in instruments recorded in the Official Deed Records of Galveston County, Texas; authorizing the Mayor of the City of Galveston to execute deeds to the purchasers; declaring findings of fact and providing for an effective date. (T. Scott)

11P.PDF

Receive And File Audit ReportsReceive and file finalized Audit Report from the City Audit Department—Mettlach Enterprises, Inc.; Municipal Court Audit; Smidt JD Branch Holdings, LLC; System for Recording Grant Funds to Received Audit; Analysis of Coin Operated Machines. (G. Bulgherini)

11Q.PDF

Receive And File A Letter From The U.S. Department Of Housing And Urban Development

Receive and file a letter from the U.S. Department of Housing and Urban Development related to Fiscal Year 2015 funding for the Community Development Block Grant (CDBG) and the HOME Investment Partnerships (HOME).

11R.PDF

Approval Of MinutesConsider for approval minutes of the March 26, 2015 Workshop and Regular Meeting, and the April 9, 2015 Workshop and Regular Meeting. (J. Williams)

11S.PDF

Approval Of Park Board Master PlansConsider for approval of the Park Board of Trustees Beach Parks Master Plan and the Seawolf Park Master Plan.

Resolution Denying CenterPoint Energy's Distribution RatesConsider for approval a Resolution of the City Council of the City of Galveston, Texas, finding that CenterPoint Energy Houston Electric, LLC ’s ( “Centerpoint” or “company ”) application for approval of a distribution cost recovery factor to increase distribution rates within the City should be denied; finding that the City ’s reasonable rate case expenses shall be reimbursed by the Company; finding that the meeting at which this Resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel; making various findings and provisions related to the subject; and providing for an effective date. (D. Palumbo)

11U.PDF

Resolution Supporting Legislation Amending Truancy Laws

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation which will amend the current truancy laws and associated penalties; directing the City Secretary to send a certified and true copy of this Resolution to Senators John Whitmire, Paul Bettencourt, Rodney Ellis, Sylvia Garcia, José Rodríguez, Royce West, and the Galveston State Legislative Delegation; making

various findings and provisions related to this subject; and providing for an effective date. (T. Tarlton/D. Palumbo)

11V.PDF

Resolution Supporting Legislation Allowing Publication Of Government Notices On A Newspaper's Internet Website

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation allowing publication of government notices on a newspaper ’s internet website; directing the City Secretary to send a certified and true copy of this Resolution to Representative Dan Flynn and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods/D. Palumbo)

11W.PDF

Resolution Supporting Legislation Relating To Body-Worn Camera Programs For Law Enforcement Agencies

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting legislation relating to Body-Worn Camera Programs for law enforcement agencies; directing the City Secretary to send a certified and true copy of this Resolution to Senator Royce West and the Galveston State Legislative Delegation; making various findings and provisions related to this subject; and providing for an effective date. (T. Woods)

11X.PDF

ACTION ITEMS

Memorandum Of Understanding With Galveston CountyDiscuss and consider for action a Memorandum of Understanding between the City and Galveston County for the purposes of the Pelican Island Bridge (B. Maxwell)

Texas Public Utility's Commission's 2015 Consumer Price Index (CPI)Discuss and consider for action declining the Texas Public Utility Commission ’s 2015 Consumer Price Index (CPI) adjustment to municipal telecommunications right-of-way access line rates; and authorizing the City Manager to submit the necessary documents to decline the increased rates upon final approval by the City Attorney. (M. Loftin)

12B.PDF

Resolution 2015 Call For Candidate Projects--Phase 2 Of The Downtown Livable Communities Initiative Streetscape Improvements

Consider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting Phase 2 of the Downtown Livable Communities Iniative Streetscape Improvements as a project nomination to the Texas Department of Transportation in the amount of $402,500.00 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing thirty percent (30%) local share in the amount of $172,500.00; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date.

12C001.PDF

Resolution 2015 Call For Candidate Projects--27th Street Corridor ProjectConsider for approval a Resolution of the City Council of the City of Galveston, Texas, supporting the 27th Street Corridor Project as a project nomination to the Texas Department of Transportation in the amount of $1,372,754 in federal funds for the 2015 Call for Candidate Projects under the Federal Transportation Alternatives Program (TAP) funding and committing sixty six percent (66%) local share in the amount of $2,515,000.00 in matching funds; authorizing the City Manager to submit required information and data to support same; making various findings and provisions related to the subject; and providing for an effective date. (D. Henry)

12D.PDF

Use Of The City SealDiscuss and consider for action granting permission to the Juneteenth Committee for use of the City Seal for the Juneteenth 150th anniversary. (T. Woods)

President Obama's Executive OrderDiscuss and consider directing the City Manager to file comments to President Obama's Executive Order establishing a Federal Flood Risk Management Standard issued January 30, 2015.

12F.PDF

EXECUTIVE SESSION

Section 551.071Pursuant to Texas Government Code Section 551.071, “Consultation with Attorney” to discuss and receive legal advice concerning pending or contemplated litigation or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code –

CDM Smith, Inc. V. City Of Galveston, Et AlCause No. 13-CV-0844 – CDM Smith, Inc. v. City of Galveston, et al.; In the 56th Judicial District Court, Galveston County, Texas; and the companion appellate matter in Court of Appeals No. 14-14-00294-CV – City of Galveston, et al. v. CDM Smith, Inc. ; In the Fourteenth Court of Appeals.

ACTION ITEMS (RESULTING FROM EXECUTIVE SESSION)

Action Resulting From Executive SessionDiscuss and consider for action any Executive Session item listed on either the Regular Meeting Agenda or the Workshop Agenda for Thursday, April 23, 2015.

ADJOURNMENT

I certify that the above Notice of Meeting was posted in a place convenient to the public in compliance with Chapter 551 of the Texas Government Code on April 20, 2015 at 12:00 p.m.

Janelle WilliamsCity Secretary

IN ACCORDANCE WITH THE PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT (ADA), PERSONS IN NEED OF A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHALL, WITHIN THREE (3) DAYS PRIOR TO ANY PROCEEDING, CONTACT THE CITY SECRETARY'S OFFICE, SUITE 201, 823 ROSENBERG, GALVESTON, TEXAS 77550, (409) 797-3510.

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ORDINANCE NO. 15-_________ AN ORDINANCE OF THE CITY OF GALVESTON, TEXAS, AMENDING CHAPTER 34 “TRAFFIC,” ARTICLE V “STOPPING, STANDING OR PARKING,” DIVISION 3 “METERED PARKING” OF “THE CODE OF THE CITY OF GALVESTON, 1982, AS AMENDED,” BY ADDING A PROVISION THAT THE CITY WILL NOT CHARGE FOR USE OF PAID PARKING SYSTEMS ON SUNDAYS; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the City Council of the City of Galveston, Texas, recently approved the “Downtown Paid Parking Program” which required several revisions to the City’s ordinances; and

WHEREAS, on March 12, 2015, the City Council adopted Ordinance No. 15-020 which incorporated the necessary revisions including a change to Section 34-145 which would allow the City to charge for parking on Sundays; and

WHEREAS, at its regular meeting of April 9, 2015, the City Council reconsidered charging for parking on Sundays and unanimously approved the elimination of charging for use of paid parking systems on Sundays; and WHEREAS, the City Council of the City of Galveston, Texas, deems it in the public interest to amend Chapter 34 “Traffic,” Article V “Stopping, Standing or Parking,” Division 3 “Metered Parking” of “The Code of the City of Galveston, 1982, as amended” by adding a provision to Section 34-145 of the Code that the City will not charge for use of paid parking systems on Sundays. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GALVESTON, TEXAS: SECTION 1. The findings and recitations set out in the preamble to this Ordinance are found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes. SECTION 2. Section 34-145 “When use of paid parking system required” of Chapter 34 “Traffic,” Article V “Stopping, Standing or Parking,” Division 3 “Metered Parking” of the City Code are hereby amended to read and provide as follows: “Sec. 34-145. When use of paid parking systems required.

The hours during which the use of paid parking systems are required shall be established by the city manager and shall be designated in the paid parking system area by signage. The city shall not charge for the use of paid parking systems on Sundays.”

Amending Chapter 34 “Traffic” Page 1 of 2 No Charge for Parking on Sundays

SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this Ordinance should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance. SECTION 4. All Ordinances or parts thereof in conflict herewith are repealed to the extent of such conflict only. SECTION 5. In accordance with the provisions of Sections 12 and 13 of Article II of the City Charter this Ordinance has been publicly available in the office of the City Secretary for not less than 72 hours prior to its adoption; that this Ordinance may be read and published by descriptive caption only. SECTION 6. This Ordinance shall be and become effective upon its adoption and publication in accordance with the provisions of the Charter of the City of Galveston. APPROVED AS TO FORM: ______________________________ DOROTHY PALUMBO CITY ATTORNEY I, Janelle Williams, Secretary of the City Council of the City of Galveston, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by the City Council of the City of Galveston at its Regular Meeting held on the 23rd day of April, 2015, as the same appears in records of this office. IN TESTIMONY WHEREOF, I subscribe my name hereto officially under the corporate seal of the City of Galveston this ________ day of April, 2015. ____________________________________ Secretary for the City Council of the City of Galveston

Amending Chapter 34 “Traffic” Page 2 of 2 No Charge for Parking on Sundays