HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/20/2001 * PLEASE NOTE: Since the Glendale City Council does not take formal action at
the Workshops, Workshop minutes are not approved by the City Council.
MINUTES
CITY OF GLENDALE
CITY COUNCIL WORKSHOP
February 20, 2001
1:30 p.m.
PRESENT: Mayor Scruggs, Vice Mayor Eggleston, and Councilmembers Clark,
Frate, Goulet, Lieberman, and Martinez.
ALSO PRESENT: Martin Vanacour, City Manager; Ed Beasley, Assistant City
Manager; Rick Flaaen, Acting City Attorney; and Pamela Oliveira,
City Clerk.
1. DISCUSSION OF PHARMACY BENEFIT MANAGEMENT SERVICES
CITY STAFF PRESENTING THIS ITEM: Ms. La Verne Parker-Diggs, Human
Resources Director; and Ms. Lupe Sierra, Employee Benefits Manager.
The actuarial study conducted for the Employee Benefit Program last year projected the
costs of the program for the next three, five, and ten years. The study identified the
primary factors that drive health care costs and identified opportunities for mitigating
future costs. The study recommended that the City evaluate strategies to better
manage prescription drug cost since this is the most rapidly accelerating segment of the
overall benefit costs for the City, as they are for most employers.
The City's cost for prescription benefits has increased dramatically over the past few
years. The increase in cost for prescription benefits has significantly outpaced the
increase in enrollment and general inflation trends. During the past four plan years,
enrollment in the medical plan has increased by 14%. By contrast, during the same
time frame, in terms of dollars spent, the cost for prescription benefits increased from
$694,900 to $1,288,000, or 85%.
Prescription claims comprise over 25% of the City's total medical plan costs. In order to
stabilize the rising cost of this large component of the benefits package, the Employee
Health Care Task Force developed goals for enhancing the value and performance of
the pharmacy benefit program. These goals were incorporated into a request for
proposal (RFP) that solicited bids from pharmacy benefit management (PBM) providers.
The goals were to:
• stabilize rising costs;
• maintain a broad access of retail pharmacies;
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• maintain the excellent service of the mail order drug program; and
• educate the consumer, physician, and pharmacist regarding best use of
pharmacy benefits for enhancing clinical outcomes and cost management .
A request for proposal was conducted for the pharmacy benefits services contract.
Four companies submitted proposals to provide PBM services for the City's medical
plan, beginning with the next plan year on May 1, 2001. The Employee Health Care
Task Force recommended awarding the pharmacy benefit management services
contract to AdvancePCS on the basis of its ability to meet the goals of the RFP.
AdvancePCS has:
• Excellent resources for providing patient education in disease management;
• An extensive retail pharmacy network that surpasses the current network;
• A quality mail order drug program;
• Improved pricing for drugs due to its volume purchasing power; and
• Excellent references for service standards.
After the conclusion of last year's benefit renewal process, the Employee Health Care
Task Force agreed to review alternatives to the current pharmacy benefit manager in
order to curtail the increased cost. The Task Force agreed to a request for proposal
(RFP) process for the fall of 2000. The RFP was conducted in November of 2000 and
four companies submitted bids. The Employee Health Care Task Force conducted an
analysis of the proposals submitted.
On December 13, 2000, the Employee Health Care Task Force met to review the bids
received in response to the RFP for prescription benefit manager services. A
committee was formed to analyze the bids in detail. This committee met on December
22, 2000 to select two vendors as finalists to be considered for final selection. On
January 16, 2001, the Committee interviewed representatives from the two vendors.
The Committee conducted the reference checks. The Employee Health Care Task
Force met on January 23, 2001 and agreed to recommend AdvancePCS as the
provider of pharmacy benefit management service to the City.
This proposal has the impact of reducing the costs for prescription drugs through better
pricing and educational programs intended to educate employees to take medications
correctly to prevent overuse, underuse, and misuse which can result in increased costs
for doctor visits and hospitalization.
The savings for this program, derived through more efficient administration and better
pricing, is anticipated to be approximately $300,000, based on the current utilization
and inflation trend. By curbing the costs of this large, fast-growing component, the cost
for the overall medical plan will be mitigated.
The recommendation was to review this item and provide staff with direction.
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In response to Vice Mayor Eggleston's question, Ms. Sierra said approximately 9% of
the employees currently use the mail order service; however, they are now promoting
the service and expect that percentage to increase. Vice Mayor Eggleston asked why
they could not require employees to use the mail order service. Ms. Sierra explained
that some people want immediate access and some prescriptions are only needed one
time. She said the mail order service is more suitable for people on long-term
maintenance medications. She said some programs require that the mail order service
be used for maintenance-medication prescriptions. Vice Mayor Eggleston asked Ms.
Sierra to further investigate requiring use of the mail order service.
Mayor Scruggs recommended providing an escape clause if the mail order service is
made to be mandatory. She explained that delays in the mail or a person who forgets
to place his or her order could cause disastrous results if a prescription could not be
filled at a local pharmacy. Ms. Sierra said she and her staff work with employees to
obtain refills on an emergency basis.
Councilmember Lieberman asked if the City pays more for drugs obtained at retail
stores. Ms. Sierra said the administrative fee for dispensing prescriptions at the retail
level is higher than the fee incurred in the mail order program. She noted that the cost
of the drugs is the same. Councilmember Lieberman asked if the City would actually
benefit by having people purchase their drugs at retail pharmacies, where they pay
higher rates. Ms. Sierra said the employee, rather than the plan, benefits from the mail
order service because the employee incurs a larger portion of the overall cost when
purchasing drugs at retail pharmacies.
Councilmember Clark agreed that staff should further explore making use of the mail
order service mandatory. She asked Ms. Sierra how many employees use generic
versus brand name drugs. Ms. Sierra said 40% of employees use generic
prescriptions. Councilmember Clark asked who decides the co-pay rates. Ms. Sierra
explained that the City of Glendale negotiates the benefits with the carrier every year
and determines how much of a co-payment participants in the plan should bear, based
on the overall cost of the program. Councilmember Clark asked if they could give
employees an incentive to use generic drugs by slightly lowering the co-pay on generic
drugs, while slightly increasing the cost of brand name drugs. Ms. Sierra stated that,
although the prescription drug co-payments had been revised for the past three years to
try to accomplish what Councilmember Clark suggested, it has not been enough to
drive people away from brand names.
Mayor Scruggs pointed out that several medications do not offer generic substitutions
and some doctors do not believe that generic substitutions work as well. She said a lot
more information is needed on the issue before moving forward to further penalize
those who use brand name drugs. She said very little of the brand name use is
employee driven. She questioned where the additional money would come from to
offer an incentive to use of the mail order service. She asked if there was Council
consensus to make use of the mail order service mandatory, to establish an incentive
for use of the mail order service, and/or to establish an incentive for use of generic
prescription drugs.
Councilmember Lieberman agreed that some drugs are not available in a generic form.
He noted that new drugs are patent-protected from generic substitutions for a specific
period of time. He asked where the extra $16. difference goes when an employee uses
the mail order service rather than paying each co-payment separately. Ms. Sierra
stated that the volume purchasing power of the mail order program results in better
pricing for the medications. Although the plan participants pay just one co-payment for
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a 90 day supply, as opposed to three co-payments on the retail side, the lower cost of
the medicine offsets the one versus three co-payments difference. The mail order
program also incurs less administrative expenses, as they can stock huge quantities of
medicines, which reduces shipping expenses. Because the prescriptions are filled by
robots, they do not have the human administration expenses of the retail pharmacy,
which range from the pharmacy clerks who call doctors' offices to the pharmacist who
fills the prescription and counsels the patient. The robots have also proven to be more
accurate than humans. Therefore, although the plan participant is paying more co-
payments to use the retail pharmacy, the savings to the plan are reduced by the higher
dispensing (administration) costs. In instances when employees purchase the lower
priced drugs at the retail pharmacy, the co-pay pays a larger portion of the drug's cost,
saving the plan money. (This is especially true of generic drugs.)
Mayor Scruggs asked for confirmation that making the use of the mail order service
mandatory would actually cost the City more money. Ms. Sierra agreed. She pointed
out that another benefit to the mail order program is its increased accuracy when filling
prescriptions.
Councilmember Martinez asked why the City should require employees use generic
substitutions when the employee pays the cost difference when choosing a brand name
drug. Ms. Sierra explained that the cost of a brand name drug is significantly higher
than a generic drug and the employee pays only a small fraction. She said the co-
payment is not reflective of the cost of the drug.
Councilmember Goulet said some people are more comfortable taking brand name
drugs versus generic substitutions. He asked if the people who are responsible for
checking for overlapping medications would be doctors or pharmacists. Ms. Sierra
confirmed that the consultants working with the plan are all pharmacists or doctors.
She explained that a pharmacist may refuse to fill a prescription if it is flagged as having
the potential for adverse interactions or, at least, apprise the person verbally of the
potential risks. She said the consultants would interact with a doctor if they saw they
were prescribing the same medication on a frequent basis. Councilmember Goulet said
being able to talk to the pharmacist is a benefit of the program and the City should not
discourage employees from taking advantage of it.
Councilmember Clark said she would not support mandating use of the mail order
service because it increases the cost to the City. She said she believed they should
continue to provide incentives to use or increase usage of generic drugs. She said
those who must use, or wish to continue to use, brand name drugs may do so at an
increased co-payment.
Councilmember Frate said he liked the fact that AdvancePCS would monitor doctors
and the educational component of the program. He said he supported the Task Force's
recommendation.
Mayor Scruggs pointed out that there are two lists of brand name drugs (a preferred list
and a non-preferred list) and the drugs are moved on and off those lists at the
provider's will. She said everyone who uses brand name drugs has experienced an
increase in their co-payment, regardless of their plan.
Councilmember Martinez asked if there would still be an increase in costs to employees
and the City for the overall medical plan if recommendations made to reduce costs
were taken into consideration. Ms. Sierra said she expected the cost to increase, but
the recommendations would help significantly reduce the overall increase.
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Councilmember Lieberman expressed concern with the length of time it would take to
get prescriptions from Birmingham, Alabama. Ms. Sierra said AdvancePCS and
Walgreen's both give themselves a two-week period in which to deliver prescriptions;
however, both usually deliver within three to four days. Councilmember Lieberman
stated that he supported the Task Force's recommendations.
Councilmember Clark said she supported the recommendation to use AdvancePCS.
She said taxpayers ultimately foot the bill for prescription drugs. She stated that, as
costs continue to rise, employees should shoulder more of the costs.
Mayor Scruggs asked if all aspects of the medical, dental, and prescription plan were
reviewed as a whole or if each aspect was reviewed separately. Ms. Sierra said they
were reviewed separately because, at the time the committee reviewed the plan and
made its recommendation, they did not have all of the information. Mayor Scruggs
asked if the increased prescription drug co-payments offset higher medical premiums.
Ms. Sierra said, since the drug benefits are part of the overall medical plan, increasing
the co-payments would reduce the cost of the whole plan to some degree. Mayor
Scruggs asked if, once they were given all of the information, the Task Force could be
given the choice of where to place the burden. Ms. Sierra said they would have the
final rates within the next week and they would be able to see the overall impact of
adjusting the co-payments. Mayor Scruggs asked if it would be beneficial for the Task
Force to make its decision based on the whole package and to be given options as to
where to put the increases. Ms. Sierra said she believed that it would be.
Councilmember Clark agreed that the employee Task Force should be allowed to
decide which costs it was comfortable in mitigating.
Councilmember Martinez asked if the committee had compared the City of Glendale's
plan to those of other cities. Ms. Sierra said the City of Glendale's plan was
comparable to other cities' plans. Councilmember Martinez cautioned against arbitrarily
increasing the employee's burden just because it is a cost to the taxpayers.
Mayor Scruggs said the Council agreed not to incent or disincent the use of generic
drugs and not to mandate use of the mail order service or to provide incentives or
disincentives for its use. She asked if there was Council consensus for having the Task
Force look at the medical plan as a whole to determine where it would prefer increases
be placed.
Councilmember Clark said she supported the suggestion.
Councilmember Lieberman stated that the committee would take the overall package
into consideration when determining how much more the plan will cost. Ms. Sierra
confirmed that they would look at prescription, medical, and dental costs.
In response to Vice Mayor Eggleston's question, Ms. Sierra explained that the plan
renews on May 1, 2001, with open enrollment occurring in April of 2001. She stated
that they need approval of the recommended pharmacy vendor and would continue to
review the co-payments and overall impact to the medical plan when final rates are
obtained.
Mayor Scruggs directed Ms. Sierra to proceed with AdvancePCS as the pharmacy
vendor and to have the Task Force further review co-payments as they relate to the
plan as a whole. The Council concurred.
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2. DEVELOPMENT AGREEMENT WITH GRACE LUTHERAN CHURCH
CITY STAFF PRESENTING THIS ITEM: Mr. Tim Ernster, Deputy City Manager; Mr.
Grant Anderson, City Engineer; and Ms. Kristine Luna, Property Manager.
The Grace Evangelical Lutheran Church ("Grace Church") has requested that the City
abandon 56th Avenue, between Palmaire and Myrtle Avenues, to accommodate its
future church and school campus expansion. Grace Church does not anticipate
finalizing its development plans for approximately two years, and does not expect to
begin construction for approximately three years. The timing of the City Center
development plan, as it may impact this request, needs to be discussed.
The City does not want to abandon the roadway without some assurance that the
church and school campus expansion will occur. Grace Church cannot obtain final plan
approval for its expansion from the Planning Department without some assurance of
the City's willingness to abandon the road at the appropriate time. The goal is tying
specific performance requirements to the eventual abandonment of a portion of 56
Avenue. Issues of timing and utility service relocation schedules need to be addressed.
The Council has not previously acted upon this matter. Staff has discussed the
possibility of a development agreement to abandon the roadway with Grace Church
representatives.
The proposed agreement between the City and Grace Church will require that, before
the City will formally abandon 56th Avenue at this location, the Church must, at its
expense, have the following occur:
• Relocate existing water services presently within the roadway;
• Install a new fire hydrant on Palmaire Avenue to replace the existing hydrant
presently on 56th Avenue;
• Relocate existing irrigation pipes presently within the roadway or, in lieu of
relocation, provide the City with sufficient evidence that all property owners
currently served by such irrigation have formally relinquished rights to such
irrigation.
• Accomplish a formal lot tie of all Grace parcels along the west side of 56th
Avenue, and provide evidence of same to the City;
• Submit to and receive approval from the City for its expansion development
plan; and
• Any additional development stipulations or requirements imposed during the
normal development approval processes.
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At such time as the Church has satisfied all of the requirements imposed by the City,
the abandonment request will be brought to the Council for formal action. Should the
Church not perform, or should the proposed development or use of the property change
in the interim (e.g., the Church sells the property to a residential developer), the City will
not be obligated to abandon the road.
There are no costs associated with the development agreement. The abandonment of
56th Avenue, between Palmaire and Myrtle Avenues, will be accomplished only at such
time as Grace Church has satisfied all of the City's requirements and stipulations
imposed on the expansion development plan as it is reviewed, revised and approved
through normal planning and development processes. Relocation of existing utility
services is one of the City's requirements and Grace Church will be required to
accomplish this at its own expense before the abandonment request can be taken
forward for formal Council action.
This item was presented for information and review
Councilmember Lieberman noted that Section 3.3 of the agreement states "The
duration of this agreement shall be three years from the effective date first set forth
above." He questioned whether that section meant that the agreement would end after
three years, regardless of any progress made or only if construction had not started
within that three-year timeframe. Mr. Anderson explained that the agreement is in draft
form and that point would be revised to reflect the City's current agreement with the
Church. He said the Council's desires would also be incorporated into the agreement
before being brought back to the Council for approval.
Vice Mayor Eggleston asked for confirmation that the Church would have three and
one-half years from the date of the agreement to complete construction. Mr. Anderson
explained that the process takes three and one-half years, but construction would begin
within two years. He said the Church desires to have a completed development
agreement brought to the Council so that it can then present its plans to the Planning
Department for review. He said they were looking for the Council's comments
regarding the draft agreement and for some direction as to whether the Church could
move forward or if it should change its plans.
Mayor Scruggs asked for confirmation that staff was also asking for Council direction
regarding abandonment of the street and the terms under which they would abandon it,
should they decide to do so. Mr. Anderson agreed. Mayor Scruggs asked if the Public
Safety Department had reviewed abandonment of the street. Mr. Anderson said the
Transportation, Public Safety, and Planning Departments had reviewed the request and
indicated that workable solutions could be found if the street was abandoned. Mayor
Scruggs asked for confirmation that the Police and Fire Departments had signed off on
the abandonment. Mr. Anderson said they had agreed that abandonment of the street
would not cause a public safety issue.
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Mr. Jim Colson, Economic Development Director, confirmed for Mayor Scruggs that his
department had looked at the plan and had no comments at this time regarding the
desirability or appropriateness of the actual project. He said their only concern was that
they are in the middle stages of the City Center Master Plan and addressing land use
issues, economic feasibility issues, and traffic circulation issues. He said it was their
preference that the City wait to address this issue until they get the results back from
the consultants regarding the City Center Plan. He said they would have a better idea
of how the issue would effect the Plan within the next two to three months.
Councilmember Clark questioned what would happen to the Church's plans if the City
Center Plan determined it was critical that the street remain open. Mr. Anderson said
the current plan submitted by the Church puts the chapel in the middle of the road;
therefore, if the road was to remain open, the Church would have to change its plan.
Councilmember Clark asked if the consultants had been made aware of the Church's
desire to abandon the street. Mr. Colson said the issue had been discussed and they
did not anticipate any problems. He noted that he believed the process should be
completed prior to moving forward on this issue to ensure that there are no problems.
Councilmember Clark asked how long the Church had been working on its plan. Mr.
Anderson explained that the Church has existed in its current location for approximately
40 years and has worked to acquire property for the past 20 years for the purpose of
expanding its facility. He said the Church finalized the purchase of necessary lands
over the past ten years; however, the plan submitted to the City has only existed for the
last one and a half years.
Mayor Scruggs noted that the issue came before Council previously and staff was
directed to contact the Church and ask the Church to be part of the City Center Master
Plan. She asked if the Church was, in fact, asked to participate and if it accepted the
invitation. Mr. Colson said the Church has been part of the process.
Councilmember Martinez asked if the Church would be comfortable with delaying the
issue until staff reviewed the consultant's report on the City Center Plan.
Mayor Scruggs deferred the question until the Church was brought forth to address the
Council.
Councilmember Lieberman asked for confirmation that a representative of the Church
was involved in the City Center Plan. Mr. Colson said the Church had been included in
the discussions; however, he was not sure of its actual role. He confirmed that the
Church's position had been taken into consideration. Councilmember Lieberman
suggested that a Church representative be made an official member of the committee.
Mayor Scruggs noted that one issue refers to the formal lot tie of all grace parcels along
the west side of 56th Avenue. She asked how many parcels that would be. She also
asked if structures currently exist on those parcels. Mr. Anderson confirmed that
structures currently exist on the parcels, which structures would be incorporated into
one parcel to assure comprehensive development. Mayor Scruggs asked if the church
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structures would be removed. Mr. Anderson explained that the intent of the Church
Master Plan is to remove the structures on the six lots on the west side of 56th Avenue,
with new Church facilities being built in their place. He said the timing for removal of
those structures would be part of the development review process.
Mayor Scruggs noted that the agreement does not indicate a penalty would be
assessed if construction was not completed within three years. She suggested staff
look into it.
Councilmember Frate said it would be a good time to remove the alley bordering the
properties along 56th Avenue. Mr. Anderson said, if the alley was abandoned, half of it
would go to the property owners to the west and half would go to the Church. He stated
that they would need to further review vehicle access issues and the public's need for
an alley before making any decisions. Councilmember Frate asked staff to look into the
issue further.
Vice Mayor Eggleston noted that the outline of the current plan was different from the
one he had previously seen. Mr. Anderson explained that the plan which was reviewed
a number of years ago showed possible parking in the area to the west; however, the
City has not moved in that direction.
Councilmember Goulet asked for confirmation that the Church accepts any additional
development stipulations or requirements that could be imposed during the normal
development approval process. Mr. Anderson explained that the Church cannot
proceed with its plan until the Council directs staff to look at a plan that utilizes the right-
of-way. He said, once staff is given such direction, the Church can proceed with
looking at all the other code stipulations and development review processes.
Councilmember Goulet asked Mr. Colson if developers abstain from looking at a
particular area when they know another developer has plans for it. Mr. Colson said he
believed that to be true in this case. He said he and his staff supported the concept of
a church because churches are good destination drawers and add to the aesthetic
value of the downtown area. He clarified the fact that Mr. Lyle Koch is a member of the
Citizens Advisory Group (CAC) and the Church. He said Mr. Koch has been active in
attending the meetings. He stressed the fact that the Church's position was taken into
consideration during conversations regarding the downtown area.
Mr. David Clark, Pastor of Grace Lutheran Church, stated it is their intention to remove
the homes on the parcels located along the west side of 56th Avenue. He said the
chapel, parish hall, and parking lot would be built during the first phase. He noted that
this would include the street and everything along the west side. He said they had
already gathered almost $1 million for the project and have written commitments for an
additional $700,000. He said they were already given an offer by one bank and one
other funding mechanism for funding the project. He said time was of the essence
because, in the year 2002, the congregation will celebrate its 75th anniversary and that
is their goal for groundbreaking.
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Councilmember Clark asked how Phases 11 and III would be funded. Pastor Clark said
they would be funded through ongoing gifts. He explained that Phase 11 would include
turning the present church into a two-story office building, with adult bible study
classrooms. He said the current parish hall would also be turned into a preschool. He
stated that the third phase would include retrofitted improvements to the school. He
noted that none of their buildings currently have air-conditioning. He said the building
along 56th Avenue that currently has classrooms would be torn down and replaced with
a two-story, six classroom building. He explained that this would provide more access
to the property in case of fire and would improve the property aesthetically.
Councilmember Clark asked for confirmation that Phase II was not fully funded at this
point. Pastor Clark agreed with Councilmember Clark. He noted, however, that the
Church was confident that funding would be available. He said their intention was to
complete all three phases over the next five years, with Phases II and III being done as
soon as Phase I has been completed.
Councilmember Martinez asked Pastor Clark for his opinion on delaying the decision on
this issue until staff has had a chance to review the consultant's report on the City
Center Plan. Pastor Clark said he would prefer not to wait. He confirmed that a
member of their congregation is on one of the subcommittees. He stated, however,
that they had not been asked about the overall picture for the development. He
explained that waiting will cause people to lose their enthusiasm for the project, thereby
making fund raising more difficult. He said additional delays would also cost money.
Councilmember Martinez said he understood the Church's position and asked Pastor
Clark to understand staff's position.
Councilmember Goulet asked what percentage of the footprint would be comprised of
Phase I. Pastor Clark said Phase I represents 75% of the project in terms of dollars
but, from a physical standpoint, it represents approximately 85% of the project.
Mayor Scruggs asked Pastor Clark if it was their intention to match the architecture of
the new structures to the existing buildings. Pastor Clark said that it was their desire to
do so. He noted that their first church still exists on the property and it is their intention
to restore it during Phase III to its original condition. He stressed the importance of
staying at their location because that is where their roots are. Mayor Scruggs asked
Pastor Clark how many total parking spaces they would require. Pastor Clark said they
would need 128 parking spaces and they were currently working with the Planning
Department on that issue. He said they believed they could get 102 parking spaces on
the present property and they have had discussions with an adjacent property owner,
who has expressed a willingness to sell the property to the Church, which property
could then be used for additional parking.
Vice Mayor Eggleston said he had talked to Mr. Larry Rovy, whose family owns two
properties in the area, regarding complaints about the condition of the buildings. He
said Mr. Rovy told him he was willing to donate the property to the Church for parking,
but could not do so because the properties were not contiguous. Pastor Clark said staff
had recommended that Mr. Rovy's properties not be included because of rules
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regarding development of property in the Catlin Court area. He stated that they would
like to include Mr. Rovy's lots, but not at the risk of further delaying the project. Vice
Mayor Eggleston said he believed the plan was good and would be an asset to the
downtown area. Pastor Clark asked Vice Mayor Eggleston if he was suggesting that
they include the two lots in the plan.
Mayor Scruggs noted that, since the Church cannot proceed until adequate parking is
identified, including the two lots in the plan would not cause any delay. Pastor Clark
explained that the two lots would not be considered contiguous because of the alley.
Dr. Vanacour noted that the two lots are located in Catlin Court, which has different
guidelines regarding parking lots. Mr. Anderson said Catlin Court is intended to be a
pedestrian area.
Councilmember Clark asked Lyle Koch if he told the CAC about the Church's plan. Mr.
Koch replied in the affirmative.
Councilmember Frate asked Pastor Clark why, if time is of the essence, the agreement
allows up to two years for construction to begin. Pastor Clark explained that they feel
time is of the essence in the sense that it is impossible for them to move forward until
the City Council makes its decision on the abandonment of 56th Avenue. He said their
plan has not been completed because it is difficult to work through parking, building
height, and setback issues without knowing about the abandonment. He explained
that, once they receive the Council's approval on the abandonment, they still have to
work with staff on those issues, request bids, and have an architect develop working
drawings before breaking ground.
Councilmember Lieberman said he was in favor of the project.
Pastor Clark noted that they also have to obtain a Special Use Permit for the school.
Vice Mayor Eggleston asked what would happen if the Council gave its approval and
the Church found other issues to be insurmountable. Pastor Clark acknowledged the
fact that other steps are required in the process and other issues could stop the project.
Councilmember Clark asked if the proposed agreement and abandonment were
contingent on other issues being resolved. Mr. Anderson pointed out that the draft
agreement requires that the Church obtain a building permit within two years or the
development agreement would be void. Councilmember Clark said she was
comfortable with abandoning the street since the CAC was fully informed of the
Church's plan and she assumed the CAC would have taken the Church's plan into
consideration when they formed their plans.
Mayor Scruggs suggested that the Council consider having Grace Lutheran Church go
back and continue working on its plans, with a clear indication that the abandonment of
56th Avenue would fit into the City's overall plans. She explained that the Church would
benefit by being able to proceed and the City would benefit by allowing the consultants
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to complete the City Center Master Plan. She said the development agreement could
then be drawn up, detailing particular steps that must be taken in terms of other
pertinent issues.
Councilmember Martinez asked Mr. Colson if anything had surfaced during their
conversations that would indicate a problem with the Church's plan. Mr. Colson said
nothing had surfaced and their only real concern was traffic circulation, which is already
being addressed.
The meeting recessed for a short break.
Pastor Clark said they would accept Mayor Scruggs' suggestion and he asked for the
City's help on the other issues. He said the Church strongly believes its plan is in the
best interests of downtown Glendale.
Mayor Scruggs said Mr. Beasley had offered to commit staff to the project to help
expedite it. She said extending the footprint in any way could raise additional issues.
She asked that Grace Lutheran Church be given two weeks to review the final
development agreement before it comes back to the Council. She said she would like
to see the final development plan by the end of May.
Dr. Vanacour said they would put together a team and make sure the church is involved
in finalizing the development agreement.
3. LEGISLATIVE UPDATE
CITY STAFF PRESENTING THIS. ITEM: Ms. Amy Rudibaugh, Intergovernmental
Relations Director; and Ms. Dana Tranberg, Assistant Director of Intergovernmental
Relations.
A number of legislative bills have been introduced that could affect the City of Glendale
in various ways. Intergovernmental Relations Department staff was present to discuss
the most significant bills and their current status. This is the second legislative update
of the 2001 session.
Department heads were notified of proposed legislation that may affect their respective
areas of City administration and were asked to provide comments, as appropriate, to
the Intergovernmental Relations Department staff.
Intergovernmental Relations Department staff highlighted those legislative proposals
that could have significant financial impacts on the City of Glendale.
This item was presented for information, discussion, and possible direction on
legislative issues.
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House Bill 2096 (Elections. Consolidated Local)
Councilmember Clark stated that she did not support the bill because she did not agree
with the premise behind it. She mentioned the fact that Page 7 of the City Charter
states that the Council takes office in April, yet they currently take office in June.
Vice Mayor Eggleston agreed that the Council should not support this bill.
Mayor Scruggs confirmed that the Council would not support this bill.
House Bill 2419 (Publicity Pamphlets)
Councilmember Lieberman said he interpreted the bill to state that the City could, for
the first time, take a positive attitude towards a bond election and advertise as such.
Ms. Rudibaugh said it would provide an opportunity for pro and con arguments on bond
propositions. Mr. Flaaen explained that, if the Council authorizes a publicity pamphlet,
both pro and con arguments have to be included. He said the aspect of the City
remaining neutral and not spending public funds to influence an election is still in effect
and would have to be complied with.
Vice Mayor Eggleston said the bill is intended to correct the problem of people sending
in early ballots prior to receiving the publicity pamphlet.
Councilmember Martinez said he thought it was already possible to include pro and con
arguments on the publicity pamphlets. Mr. Flaaen said it is presently possible to
include both pro and con arguments; however, the bill clarifies that, if a city supports a
bond proposition and chooses to produce publicity pamphlets, the city is obligated to
provide con arguments as well.
Councilmember Clark asked if municipalities have always been authorized to issue
publicity pamphlets. Mr. Flaaen said municipalities are not required to issue pamphlets
and the bill simply provides for that possibility.
Mayor Scruggs voiced the Council's consensus to support this bill.
House Bill 1097 (Property Tax; Assessment Percentage)
Mayor Scruggs voiced the Council's consensus not to support this bill.
Senate Bill 1347 (Neighborhood Preservation)
Councilmember Clark stated her support for the bill. She said she believed anything
that could be salvaged out of the bill would benefit the neighborhoods. She noted the
fact that any neighborhood in the state can apply for a portion of the $3 million.
Councilmember Martinez asked who would conduct training for home managers.
Councilmember Clark said the Police Department currently conducts crime-free, drug-
free multi-housing training.
Mayor Scruggs voiced the Council's consensus to support of this bill.
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House Bill 2527 (Enterprise Zone Program Changes)
Mayor Scruggs voiced the Council's consensus to support this bill.
House Bill 2277 (Traffic violation Penalties; Red Light)
Councilmember Lieberman said he would not worry about the excessive fine because
judges have discretion when assessing fines. Ms. Rudibaugh pointed out the fact that
the bill stipulates a person in violation would be subject to a civil penalty of at least
$250., plus surcharges, for a total of approximately $500. Councilmember Lieberman
said judges are not held up for review on decisions they make regarding fines.
Councilmember Clark asked if someone who could not pay the fine would be sent to
jail.
Councilmember Lieberman said service fees could also be waived by a judge.
Councilmember Clark said she would not support this bill.
Councilmembers Frate, Lieberman, and Martinez voiced their support of this bill.
Vice Mayor Eggleston asked Mr. Flaaen if judges have discretion with regard to fines.
Mr. Flaaen said, while judges have some discretion, they are required to follow
minimum fines imposed by the Statutes. He said, although a prosecutor could appeal
to the Superior Court for a lesser fine, that is not typically done because of the time
involved. With regard to Councilmember Clark's question, Mr. Flaaen said if a person
could not pay the fine, it would go through a civil collection process, unless the person
did not show up for the ticket, in which case a warrant would be issued.
Mayor Scruggs voiced the Council's consensus to support this bill.
House Bill 2347 (Firearms State Regulation) and Senate Bill 126LJState
Regulation of Firearms)
Councilmember Lieberman said he strongly opposed Senate Bill 1268. He said every
registered gun owner and gun dealer received a letter containing six postcards,
lobbying their position, which they were to mail to the various State Senators.
Mayor Scruggs voiced the Council's opposition to these bills.
In response to Councilmember Lieberman's request, Ms. Rudibaugh offered to report
back to the Council on the status of House Bill 2278.
Dr. Vanacour said a meeting would be set up with the gun lobbyists and he would
report back to the Council once the meeting has been held.
ADJOURNMENT
The meeting was adjourned at 4:50 p.m.
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