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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 7/20/2004 * 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 July 20, 2004 1:30 p.m. PRESENT: Mayor Elaine M. Scruggs, Vice Mayor Thomas R. Eggleston, and Councilmembers Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Phillip Lieberman, and Manuel D. Martinez ALSO PRESENT: Pam Kavanaugh, Assistant City Manager; Jon Paladini, Interim City Attorney; and Pamela Hanna, City Clerk 1 . DISCUSSION CONCERNING SEARCH FOR NEW CITY ATTORNEY CITY STAFF PRESENTING THIS ITEM: Ms. Alma Carmicle, Human Resources Director and Mr. Jim Mercer, President, The Mercer Group This is a request for the City Council to discuss and provide direction to the City Manager and the Human Resources Director, regarding the recruitment of applicants to fill the position of City Attorney. Human Resources Director, Alma Carmicle, and Jim Mercer, President of The Mercer Group, will be available to answer questions. The recommendation was to provide the City Manager and Human Resources Director with direction regarding the recruitment to fill the position of City Attorney. Mr. Mercer distributed a draft recruitment brochure, explaining the brochure will be sent to those interested in the position. He estimated it to take 45 days to produce candidates, explaining each will be subjected to a comprehensive reference check. He said his company could assist the city through the entire selection and hiring process. He asked the Council what background and skills they hope to find in a candidate. Councilmember Lieberman stated candidates have to be licensed to practice law in Arizona and should have experience in government. Councilmember Martinez asked if a national search would be conducted. Mr. Mercer explained they typically conduct national searches, noting it does not cost much more than a search that is limited solely to Arizona. He pointed out someone who lives elsewhere, but previously practiced in Arizona may meet the city's needs. Councilmember Martinez said communication, leadership and interpersonal skills are important, as is experience in land use issues. 1 Councilmember Goulet agreed the search should not be limited to Arizona. He expressed his opinion candidates should have experience in contract negotiations, land use and with professional sports facilities. Councilmember Clark stated the candidate they select would need excellent management skills and be confident in their knowledge of Arizona statutes, specifically with regard to political law. She agreed a national search should be conducted. Councilmember Frate said candidates should have a strong municipal background, with good organizational skills and experience with sports venues. Vice Mayor Eggleston asked if it is common for attorneys to be licensed in more than one state. Mr. Mercer responded yes. He noted one of the semi-finalists in the search he conducted for Tucson lived in Nevada, but was licensed to practice in Arizona. He said attorneys in California and Colorado probably deal with similar issues to those in Glendale, particularly with regard to land use issues. He said, however, the legal system varies from state to state; therefore, there will likely be a learning curve for any attorney that has not actively practiced in Arizona. He assured Vice Mayor Eggleston he would advise Council as to the unique skills the applicants might bring to the city as well as the skills they lack. Mayor Scruggs said, while she agrees they should do a national search, she will not pay to bring any candidates to Glendale unless they are currently licensed to practice law in Arizona and have, in fact practiced law in Arizona in the past. She stated they need a working attorney, given the small number of attorney's in the office. She said candidates should also be familiar with water law, land use, annexation law and imminent domain. She said, while previous experience with sports franchises would be a benefit, a successful candidate basically needs to have contract law experience. She pointed out the City Attorney also manages the Prosecutor's office. She said Council relies on the City Attorney to assist them in making decisions to support or promote certain legislation; therefore, a full understanding of the political climate in Arizona will be helpful. She said, more important than experience with sports franchises, candidates should truly understand the legislative intricacies involved when a community hosts a military base. She stated the City Manager, Assistant City Manager, Police Chief, Fire Chief, Economic Development Director and the Municipal Judge should be involved in the interviewing process. Councilmember Goulet agreed Luke Air Force Base is a topic of special interest. He stated an understanding of transportation and transit issues will also be helpful. Councilmember Lieberman pointed out the importance of being able to get along with the seven diverse individuals on the Council. He disagreed with Mayor Scruggs on the criticalness of having experience with Arizona law, stating the military base issues are universal throughout the country. He said limiting the search to only those with Arizona experience might overlook other highly qualified candidates. Mayor Scruggs pointed out Councilmember Lieberman cited a background in Arizona law as one of his first criteria. Councilmember Lieberman clarified an attorney can have knowledge of Arizona law without having practiced in Arizona. Councilmember Martinez said he would not consider any candidate that has not practiced in Arizona. Councilmember Frate stated the successful candidate will need a strong municipal 2 background and be able to hit the ground running, stating the city cannot afford a learning curve. Councilmember Clark said she does not care whether a candidate has practiced in Arizona, explaining it is more important to look at what they can bring to the city. She stated anyone hired into the position would need time to acclimate to the new environment, regardless of whether they have practiced in Arizona. She expressed her opinion they should not so narrowly define the search criteria that they end up passing over possibly outstanding candidates. She stated they could always narrow the criteria after they see what candidates are available. Councilmember Lieberman said he knows five people who would be able to enter the job running, unfortunately, one is ineligible and the other three are not interested. Councilmember Goulet said anyone interested in the position would likely already be licensed to practice in Arizona or working towards his or her license. He said, therefore, the search should not be limited to only those who have practiced in Arizona. Mayor Scruggs restated her position that candidates need to have knowledge of and experience in Arizona law. Councilmember Martinez asked how many applicants are typically in the pool they provide. Mr. Mercer said a nationwide search with relatively broad requirements would result in over 100 applicants. He stated, however, given the stringent requirements Council is setting, he would anticipate have 40 applicants, whom he would then narrow down to only the most qualified. He said, in terms of the search he conducted for Tucson, their candidates were City Attorney deputies and assistants who had not been City Attorneys, City Attorneys from small jurisdictions, and a number of people in private practice. He suggested Glendale would attract a similar pool of candidates. Mayor Scruggs said she would also like candidates to have experience in Arizona labor laws. She asked whom Tucson selected. Mr. Mercer said they selected one of their internal assistants. He estimated the Tucson office to have 30 to 40 people. Mayor Scruggs said Glendale's office is unique in that it does not have a fleet of attorneys. She said, therefore, the chosen candidate not only has to be able to manage the office, but also has to know the laws of the state as well as those of Glendale and be able to start working as an attorney. Councilmember Lieberman agreed candidates have to have knowledge of Arizona law, the ability to manage a law office, experience in city government, experience with sports venues, knowledge of Colorado River water law and an ability to manage the City's Prosecutors Office. Mayor Scruggs clarified she wants the candidates to have experience in public policy and a background in Arizona government law. Mr. Mercer offered to draft a list of qualifications for Council's review. Mayor Scruggs pointed out this is the last workshop before Council vacates, stating recruitment will now have to wait until they return in September. Councilmember Martinez suggested they hold a special meeting next week to consider the brochure so the search can commence. Councilmember Lieberman said if Mr. Mercer can return the draft later this week, 3 Council can review the list of qualifications, make their notes and return it to Mr. Mercer by next week so Mr. Mercer can continue working on it during August. Councilmember Clark agreed with Councilmember Martinez. Mayor Scruggs asked if a decision has to be made with regard to salary as well. Mr. Mercer responded yes. He said Tucson ended up paying about $135,000, noting the salary was slightly lower than originally offered because the person was hired from within. Councilmember Martinez suggested they have a starting salary of $130,000, with a $325 per month car allowance and health benefits, but leaving deferred compensation open. Mayor Scruggs read a list of City Attorney salaries from around the valley, stating Chandler pays $141,230, Mesa pays $131,972, Peoria pays $120,752, Phoenix pays $160,950, Scottsdale pays $145,018, and Tempe pays $139,700. She said each of the cities also offer car allowances and health benefits and some offer an executive physical. She asked Mr. Mercer how he would rate the importance of deferred compensation to a successful recruitment. Mr. Mercer said he does not believe the city needs to deal with deferred compensation at this point, explaining it typically is only important to those who are accustomed to receiving it. He suggested Council simply set the salary level at this point with all other benefits negotiable. Councilmember Clark agreed with Councilmember Martinez's suggested starting salary. Councilmember Goulet expressed his opinion the salary should be set at $135,000 with all other benefits determined at a later date. He asked if other cities offer executive physicals. Ms. Carmicle said a number of cities and companies in the private sector offer executive physicals because of the stress associated with high-level positions. Councilmember Goulet asked if any other position in the city requires physicals. Ms. Carmicle said the city does not offer physicals to any of its executives at this time. Councilmember Lieberman stated he also agrees with Councilmember Martinez's suggested starting salary. Mayor Scruggs asked if the salary agreed upon by Council would be negotiable. Mr. Mercer explained Tucson set their salary at the mid-$100,000 range, dependent upon experience. He suggested Glendale set their salary in a similar manner. Mayor Scruggs agreed, recommending they state the salary figure could be a combination of deferred compensation and salary. Councilmembers Martinez and Goulet agreed. Mayor Scruggs asked if residency requirements needed to be addressed? Mr. Mercer said not necessarily, although candidates will likely want to know if there are any restrictions. Mayor Scruggs said if they are moving from outside the valley, they definitely should move into the City of Glendale, but she does not believe all key management staff is required to live in the City of Glendale. She said some key positions require a lot of interaction with the public and a first hand experience of what life is like in Glendale, but she does not believe the City Attorney to be one of those positions. Councilmember Lieberman asked if the City Charter calls for the holder of any position 4 to live in Glendale. Mr. Paladini said the Charter only addresses the City Manager, City Attorney, Clerk and Treasurer positions. Ms. Carmicle noted the city has had a long- standing practice of requiring executives and department heads to live within the City of Glendale; however, it has been difficult to enforce that practice. She stated, therefore, the City Manager has given exemptions, allowing those who already live outside of Glendale to remain where they are until they decide to move in the future. Mayor Scruggs pointed out many husbands and wives have key positions in different cities, stating those people would have to be excluded from the labor pool if residency restrictions were strictly enforced. Councilmember Martinez suggested they state residency in Glendale is preferred. Vice Mayor Eggleston agreed. He referred to the brochure used by Tucson, stating it says they are seeking a candidate with recent experience practicing law in the State of Arizona. He said the language indicates their preference but does not eliminate those who might not have practiced in Arizona but are otherwise well qualified. 2. RENEWAL OF PATIENT TRANSPORT CONTRACT WITH SOUTHWEST AMBULANCE INC. CITY STAFF PRESENTING THIS ITEM: Mr. Mark Burdick, Fire Chief; Mr. Scott Long, Senior Vice President and CAO for Southwest Ambulance; and Mr. Perry Lander, CEO Southwest Ambulance This is a request for the City Council to renew the patient transport contract with Southwest Ambulance Inc. The new contract has been renegotiated to provide an enhanced level of service and additional revenue to Glendale to support emergency medical service delivery. This agreement promotes the council priorities of enhancing the quality of life in Glendale and ensuring public safety and awareness. The City of Glendale is able to provide ambulance transportation service through a contract with a private company. Southwest Ambulance Inc. has been Glendale's ambulance service provider for 18 years. Southwest Ambulance's positive working relationship with Glendale, proven level of service, and sound fiscal condition are advantageous to Glendale. The contract has been renegotiated to enhance the level of service provided and generate additional revenue for emergency medical services in the city. Representatives from Southwest Ambulance and Fire Department staff have renegotiated the existing contract to include additional services and revenue enhancements. 5 In addition to regular ambulance service, the community will benefit from the addition of two training ambulances that will be used for training new medics. They will be available for added coverage at sports venues and large city events. Additionally, Southwest Ambulance will provide paramedics on all Glendale-based ambulances. Southwest Ambulance will provide the medical equipment and supplies used at emergency medical scenes. The combined effect of the new contract will provide a minimum estimated $513,057 in new revenue per year, to enhance emergency medical service delivery and provide staff support to the Fire Department. The first year of the contract will include the one-time purchase of equipment for the training ambulances, which will result in $78,989 in costs not recovered through contract revenue. However, these costs will be recouped through additional contract revenue within two years. Thereafter, revenue and cost projections indicate that the contract is self-supporting, covering the costs of its own operations, including the addition of two full-time employees (FTEs) to support the paramedic training and Emergency Medical Services programs. Other ambulance service providers have been considered, but do not offer a level of service and stability as favorable as Southwest Ambulance. Staff is seeking direction from the Council on the following: • Does the Council want to renew the ambulance transportation contract with Southwest Ambulance Inc., which will result in the addition of two new FTEs and a one-time additional cost of $78,989? This item will return to the Council on July 27th for formal approval of the contract, as well as a request to authorize the addition of 2 FTEs and the transfer of general fund (GF) contingency appropriation and funds for the Fiscal Year 2004-05 operating and capital budgets. Councilmember Martinez asked who covers the cost of the training ambulance for the other 12 hours per day. Chief Burdick explained the ambulance would be staffed on a peak time demand basis with two firefighters and a student. He said the unit would also be located in high demand areas of the city. He said the unit would be shut down during off-peak hours. Councilmember Lieberman asked if the training ambulance is in addition to the five units that run on a 24-hour basis. Chief Burdick responded yes. Councilmember Clark asked if the lease payment Southwest Ambulance makes covers the city's equipment cost as well. Chief Burdick said, while additional revenue at the end of the lease could be used to offset the equipment costs, the lease would not cover the cost of replacing the equipment in the future. 6 Chief Burdick confirmed for Mayor Scruggs that they would be asking the city to absorb a one-time equipment cost of $78,989. Councilmember Goulet asked if the two new FTE's would come from Southwest Ambulance. Chief Burdick stated the positions would be recruited through Human Resources. Councilmember Clark asked if the Paramedic Coordinator position is being requested because Arrowhead and Thunderbird Hospitals have indicated they will no longer be providing the service. Chief Burdick said it is a pre-emptive move; explaining growth in the west valley is beginning to exceed Arrowhead and Thunderbird's ability to maintain the service. He noted they currently utilize two fire fighters to do quality assurances, stating it is better from an audit standpoint to have a specifically trained person in that position. He expressed his opinion the hospitals will begin to address the issue in the near future, possibly through cost recovery. Councilmember Frate asked if the ambulances would have Glendale's logo and be dedicated strictly to Glendale. Chief Burdick said the training and reserve ambulances would be dedicated to Glendale, with the reserve ambulance used to cover special events and the sports venues. He noted the ambulances would have the logos of both the city and Southwest Ambulance. Councilmember Frate asked if the change from basic life support EMT's to advance life support paramedics represents an upgrade. Chief Burdick responded yes. Councilmember Clark asked if paramedics are required to respond within 10 minutes of a Code 3 call or ten minutes after the ambulance arrives at the call. Chief Burdick explained, currently, a fire truck is dispatched immediately and the Fire Department calls Southwest Ambulance to dispatch an ambulance. He said, under the new contract, Southwest Ambulance would subcontract through Glendale Fire to Phoenix Fire, allowing them to be dispatched at the same time. He noted Southwest Ambulance has virtually always been in compliance with the requirement to arrive on the scene within 10 minutes. Mr. Long said, 99 percent of the time, they arrive within ten minutes, with an average response time of 5.5 to 6 minutes. Councilmember Clark asked if an ambulance could take a person if the paramedics and Fire Department have not yet arrived. Chief Burdick said it depends on the circumstances, explaining a basic life support unit has to wait for an advanced life support unit if the patient is in critical condition. He said, however, an advanced life support unit is expected to take a patient without waiting for the Fire Department to arrive. Mr. Long pointed out the ambulance arrives on the scene before the Fire Department only 10 percent of the time. He said, in instances where the ambulance does arrive first, the Fire Department usually arrives before they have finished preparing the patient for transport. Councilmember Clark asked if any kind of change order or amendment would allow for a cost of inflation increase in the future. Mr. Long explained an automatic increase in the advanced life support fee is tied to state statute. He said the dispatch recovery fee would adjust as the fee set by Phoenix Fire for their dispatch services increases. He noted overtime is set in the contract at two percent. Councilmember Clark asked if the overtime percentage could be increased after the initial three-year contract if deemed necessary. Mr. Long said they would be willing to look at changing the percentage if asked to do so by the Fire Department or city. In response to Councilmember Lieberman's question, Mr. Long explained Attachment A to the contract refers specifically to dispatch recovery fees. He said, for example, $142,000 is the amount Phoenix will bill to Glendale this year for dispatch services, of 7 which, Southwest Ambulance has agreed to pay half. He pointed out the amount will vary each year, depending on the number of dispatches. Mayor Scruggs asked for an explanation of paragraph (c) on Page 3 of the agreement. Chief Burdick explained EMTs and MCTs have to acknowledge a call by hitting a "responding" button and acknowledge arriving on the scene by hitting an "on scene" button. Mr. Long stated the language was taken from their Certificate of Necessity issued by the state. He explained the state computes response times from the time information about a call is given to Southwest Ambulance until the time the ambulance arrives on the scene. He said, as far as the state is concerned, response time compliance is only applicable when an actual transport occurs. Councilmember Clark said, for under $80,000, the level of service provided by Southwest Ambulance would be upgraded. Mayor Scruggs voiced Council's consensus to proceed with the agreement. 3. HOMELAND SECURITY URBAN AREA STRATEGIC INITIATIVE GRANT CITY STAFF PRESENTING THIS ITEM: Mr. Andrew Kirkland, Assistant Police Chief and Mr. Tom Shannon, Assistant Fire Chief This is a request for the City Council to review and provide direction regarding the use of a Fiscal Year (FY) 2003 Homeland Security Urban Area Strategic Initiative Grant (UASI) in the amount of $1.8 million. The fire services allocation is $1 million and the law enforcement allocation is $800,000. The Police and Fire Departments will provide the Council with an update on the grant, how the funds were allocated regionally, and recommendations for the use of the funds coming to Glendale. One of Council's goals is to ensure public safety and awareness. The award of this grant will enable Glendale's public safety personnel to strengthen planning, prevention, training, security, and emergency response efforts. The fire services award will allow for the implementation of an Arizona Rapid Response Team and this program achieves the Council goals of strengthening community relationships, creating new partnerships statewide, and enhancing the quality of life in Glendale. The Fiscal Year 2003 UASI program was made available to selected urban areas through the U.S. Department of Homeland Security's Office of Domestic Preparedness. Urban areas chosen to receive funds were assessed on their current threat estimates, critical assets within the urban area, and population density. UASI grant funds provide financial assistance to address unique equipment, training, planning, exercise, and operational needs of large urban areas, and can assist in building an enhanced and sustainable capacity to prevent, respond to, and recover from threats or acts of terrorism. 8 The City of Phoenix and surrounding urban area (geographically defined as the area within Maricopa County) was awarded $8,826,773. An Urban Area Working Group was established to develop and implement program elements, including the urban area assessment and strategy development. The Glendale Police and Fire Departments were selected as part of the Urban Area Working group and tasked to represent West Valley public safety agencies. A comprehensive Urban Area Homeland Security Strategy was completed and priorities were established with respect to establishing detection, prevention, response, and recovery capabilities. The overall UASI plan includes priorities such as the development of the Arizona Rapid Response to Terrorism (AART) team, as well as the maintenance of first responder defensive capabilities, maintaining technical capabilities for police bomb and tactical units, enhancement of police forensic investigations, achieving a prevention capability through intelligence programs, and maintaining training programs. Implementation of public safety programs aimed at preventing possible terrorist-related incidents, as well as providing a properly planned, organized, trained, and exercised emergency response force capable of responding to terrorist incidents involving weapons of mass destruction and other hazards, will result in additional safety and security for Glendale citizens and businesses. The development of an ARRT team in Glendale would provide additional fire and life safety resources to the city. Team members receive a higher and more technical level of rescue training than is currently utilized locally. The Police Department will use $800,000 of the UASI grant to develop and implement the law enforcement component of the plan. This includes $24,000 for administrative costs, $25,000 for the homeland security citywide training program, $100,000 for exercises (multi-disciplinary, citywide opportunities), $25,000 for planning activities such as establishing mutual aid agreements and coordination of citizen preparedness plans and programs, and $626,000 for equipment. A portion of the Police Department's equipment funding will be used to purchase an incident support vehicle to maintain safe and effective operations. Partial equipment funding will be reserved and later combined with other Police Department grant awards from Fiscal Year 2003 and anticipated Fiscal Year 2004 awards for a mobile command and communication vehicle. Based on last year's Homeland Security awards, the Police Department believes it will receive the remaining grant funds for the mobile command vehicle within the next 60 days. However, if the Police Department does not receive the additional funding, it will reallocate the funds to other equipment needs and will not ask the Council for further funding. 9 The Police Department will incorporate $123,000 into a budget supplemental request in Fiscal Year 2005-06 for ongoing costs associated with the vehicle's operating and maintenance costs and to put the vehicle into the replacement fund (10 year) for refurbishment. The Fire Department will use $1 million of the UASI funds to develop an Arizona Rapid Response to Terrorism (ARRT) team. Approximately $850,000 will be used to purchase the heavy rescue unit and equipment. The remaining $150,000 will cover the cost of training, live exercises, and ARRT plan implementation. The Fire Department anticipates the ongoing cost of the Arizona Rapid Response Team to be $527,055, to be phased in to the operating budget over a period of two years, beginning in Fiscal Year 2005-06. This includes salary and benefits for three fire captains and three engineers, and ongoing vehicle and equipment maintenance and replacement. The one time training academy cost in Fiscal Year 2005-06 to replace the six ARRT technicians in the field is $68,019. Staff is seeking direction from the Council on the following: 1. Does the Council support the implementation of law enforcement programs aimed at preventing possible terrorist-related incidents and enhancement of response capabilities with the $800,000 Police Department allocation and the future (beginning in Fiscal Year 2005-06) ongoing costs for vehicle operations, maintenance, and replacement? 2. Does Council support the implementation for the Arizona Rapid Response Team with the $1 million Fire Department allocation and the future ongoing costs (beginning in Fiscal Year 2005-06) related to the addition of 6 FTEs and the operations, maintenance, and replacement costs associated with the vehicle purchases? Councilmember Frate asked what the six fire fighters would do when the heavy rescue unit is not in use. Asst. Chief Shannon explained their duties with regard to the heavy rescue unit would be in addition to their normal duties at Station 159. Councilmember Goulet asked what is the life expectancy of the vehicle. Asst. Chief Shannon said they expect minimal use annually; therefore they anticipate a life expectancy of at least 10 to 15 years. Councilmember Goulet asked if one of the department's engineers would operate the vehicle. Asst. Chief Shannon responded yes, noting their responsibilities also include the vast quantities of equipment acquired over the past several years. Councilmember Clark asked to what truck the six firefighters would be assigned when not working on the heavy rescue unit. Asst. Chief Shannon explained the six fire fighters would compliment the fire station's existing crew, with four of the fire fighters responding to everyday calls on Engine 159. Councilmember Lieberman stated the firefighters would have to be recalled if on the 10 scene of a fire when a call comes in for the heavy rescue unit. Asst. Chief Shannon agreed, stating, however, it takes only seconds to release those resources. Asst. Chief Shannon clarified for Councilmember Martinez that the six proposed fire fighters would increase the total number of firefighters at Station 159 to 18. Mayor Scruggs pointed out the six new fire fighters equates to two additional fire fighters per shift. Councilmember Goulet said he does not believe people know how to react when the homeland security alerts change. He suggested they implement a system similar to the Amber Alert to inform the public when an incident occurs and direct them on what steps to take. Asst. Chief Kirkland stated the issue is being addressed. Councilmember Clark asked if they anticipate having to replace the vehicle within ten years. Asst. Chief Kirkland responded no; stating, however, some of the technology used inside the vehicle may have to be replaced during that time frame. Councilmember Clark asked how much of the $123,000 budgeted for ongoing operation and maintenance costs do they anticipate being used on an annual basis. Asst. Chief Kirkland answered half. Councilmember Clark asked if it would be prudent to place the remaining half of the funds into a replacement fund. Officer Kirkland said if money becomes tight, they would be willing to place half of the funds into the replacement fund. Councilmember Clark asked if they would be willing to use the remaining funds for other operations within the department. Asst. Chief Kirkland responded yes. Councilmember Lieberman said he viewed the vehicle and could provide a list of issues he would like discussed at the factory level. Mayor Scruggs voiced Council's consensus to proceed. Council Comments and Suggestions Councilmember Lieberman noted this was the last regular workshop session until September. ADJOURNMENT The meeting was adjourned at 4:00 p.m. 11