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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 6/17/2008 *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 JUNE 17, 2008 1:30 P.M. PRESENT: Vice Mayor Manuel D. Martinez and Councilmember's Joyce V. Clark, Steven E. Frate, David M. Goulet, and Yvonne J. Knaack ABSENT: Mayor Elaine M. Scruggs and Councilmember H. Phillip Lieberman ALSO PRESENT: Ed Beasley, City Manager; Pam Kavanaugh, Assistant City Manager; Craig Tindall, City Attorney; and Pamela Hanna, City Clerk 1. 2008 STATE LEGISLATIVE UPDATE AND FEDERAL LEGISLATIVE UPDATE CITY STAFF PRESENTING THIS ITEM: Jessica Blazina, Intergovernmental Programs Director and Mr. Ryan Peters, Legislative Coordinator. This is a request for the City Council to provide guidance on proposed state legislation, consistent with the approved 2008 state legislative agenda; and to also provide an update on the 2008 federal legislative agenda. The purpose of the state and federal legislative agenda is to affect state and federal legislation and regulations as they relate to the interests of the city and its residents. The 2008 state and federal legislative agenda provides the policy framework by which Intergovernmental Programs staff engages on state and federal legislative issues. Throughout the 2008 legislative sessions, policy direction will be sought on proposed statutory changes which fall under the adopted Council policy statements relating to the financial stability of the city, public safety issues, promoting economic development, managing growth and preserving neighborhoods. The Intergovernmental Programs staff recommends prioritizing the state legislative agenda to a few key issues to allow the city to have a stronger, more consistent message on the items of greatest priority. The proposed key priority issues for consideration are described in the reports which were presented to the Council with the Workshop packet. 1 The legislative agenda defines the city's priorities for the upcoming session and will guide the city's lobbying activities at the Arizona State Legislature. The Intergovernmental Programs staff will update the Council on a regular basis throughout the session for guidance on bills and amendments that may be introduced. The city's legislative agenda is a flexible document and may change, based on activities at the Legislature and Council direction. The Intergovernmental Programs Department has conducted a city-wide assessment of potential federal funding opportunities to be included in the 2008 Federal Legislative Agenda. Based on this assessment, staff recommends pursuing federal funding opportunities, including grant opportunities, line-item appropriations, earmarks and regulation revisions in the areas of: transportation, public safety, homeland security, historic preservation, libraries, youth workforce development and economic development initiative projects. On May 6, 2008, the Intergovernmental Programs department presented the 2008 State Legislative Update to the Council. On April 15, 2008, the Intergovernmental Programs department presented the 2008 State Legislative Update to the Council. On March 4, 2008, the Intergovernmental Programs department presented the 2008 Federal Legislative Agenda Update to the Council. On February 19, 2008, the Intergovernmental Programs department presented the 2008 State Legislative Update and 2008 Federal Legislative Agenda Development. On December 4, 2007, the Council approved the 2008 State Legislative Agenda, which included policy statements on municipal legislative priorities and principles. The priorities and principles of Glendale's 2008 state legislative agenda provide the venue for the city to identify and engage on state legislative issues. The key principles of the state legislative agenda are to preserve and enhance the city's ability to deliver quality and cost-effective services to citizens and visitors, to address quality-of -life issues for Glendale residents, and to enhance the City Council's ability to serve the community by retaining local decision-making authority and maintaining state legislative and voter commitments for revenue sources. Development of a 2008 federal legislative agenda provides the venue for the city to identify and engage on federal issues of concern to the community, which will enhance the ability of the city to deliver superior services and to address quality of life issues for the residents of Glendale. Staff is requesting the Council to provide policy guidance on the proposed state legislative issues. 2 Ms. Blazina reported that the legislature was still in session trying to negotiate a budget bill; therefore, they were unable to provide an end of session report. She stated they continue to advocate for full funding of shared revenue distributions. The joint legislative budget committee recently revised their projected deficit the state currently faces to approximately $2.2 billion. She noted the projected shortfall is the source of much debate as the legislature tries to produce a balanced budget. The legislature committee members will hear a presentation from statewide elected officials on a contingency plan should a budget not be in place by July 1, 2008. Ms. Blazina stated that while budget discussion continues to occur, they were closely watching for any fund sweeps that could impact the ability to deliver quality and cost effective services to Glendale residents. She explained that they were concerned there could be negative impacts to the military installation fund; therefore, they were communicating the importance of preserving this fund as another tool to aid in preserving Luke Air Force Base. Mr. Peters stated that the Governor had been sent 303 bills of which she signed 271 and vetoed 26. He reported that as the amount of viable bills continue to decrease, the House and Senate leadership have opted to shorten the work week to three days and free up time to work on the state budget. Mr. Peters reported on House Bill 2585, General Obligation Bond Requirements which received a veto from the Governor in late May. This bill would have made changes to election requirements for the refinancing of the general obligation bonds and create additional requirements for the information contained in public city pamphlets. Mr. Peters reported on House Bill 2643 which focused on extending the sunset data modified restaurant licenses also known as the Grill License. The bill was amended to include provisions that increased penalties for extreme driving under the influence. The bill was signed by the Governor earlier this month. He reported on House Bill 2615, Solar Construction Permits. The bill was also recently signed by the Governor. This bill specifies solar energy permitting standards and also creates city and local government permitting standards and fees related to solar energy products. He also reported on House Bill 2621, Bio-fuel standards. He stated that under this bill, municipalities are eligible to receive grants from the conversion fund for establishing Bio-fuel dispensing points. This bill was recently signed by the Governor. He added that House Bill 2766, an Energy Act, is currently awaiting senate committee review. This bill contains a number of provisions related to energy efficiency and clean energy goals. Ms. Blazina stated that Washington faces significant challenges because of the abbreviated legislative calendar and the impact of the election cycle. However, budget negotiators from both the House and the Senate have approved a fiscal year 2009 budget resolution. The resolution includes a spending plan of $21 billion over the plan proposed by President Bush for the coming fiscal year. She stated that at the close of 3 the Arizona legislative session, they will provide Council with the annual end of session report. Vice Mayor Martinez asked for any questions. Councilmember Clark inquired as to the appropriations for land surrounding Luke Air Force Base. She inquired on the likelihood that $5 million will be reduced. Ms. Blazina stated that given the state's current challenges, it was very likely. Councilmember Clark asked if there had been any discussions which included figures. Ms. Blazina explained that budget negotiation had been done behind closed doors; however, staff was reaching out to all legislators to let them know the importance of this fund. Councilmember Clark also had a question pertaining to the Grill Bill. She remarked that there had been an extension for this license and asked its length. Mr. Peters stated that the extension was until 2013. Councilmember Goulet asked if it was likely that a special session be called in the fall to revisit the budget. Ms. Blazina stated there was speculation that the legislator will convene in the fall to address the current budget numbers because of the ever changing numbers. Councilmember Goulet commented on the frustration by everyone on the legislators still not being able to pass a budget. Vice Mayor Martinez asked if the legislators were unable to pass a budget, what would happen. Ms. Blazina noted that state constitution mandates the legislator pass a budget by June 30, 2008. She added that in the event it does not happen, it is anticipated there will be a shut down of the government with only essential state services provided. 2. COUNCIL ITEMS OF SPECIAL INTERERST This is the quarterly opportunity for the City Council to identify topics of interest they would like the City Manager to research and assess for placement on a future workshop agenda. In the fall of 2002, the Council approved a procedural guideline allowing for topics of special interest to be identified by the Council on a quarterly basis for follow-up by the City Manager. Staff requests the Council to identify items of interest for follow-up by staff during the next quarter. Councilmember Clark commented on the Arts District special interest item. She quoted the last two sentences in the information packet which stated that successful districts focused on arts were generally part of an overall revitalization strategy. She asked staff to be mindful of possibly carving some portion for an arts district as they move forward in the redevelopment of the Glendale Avenue Corridor. 4 Councilmember Goulet commented they should look to incorporate corporate partnerships to achieve implementing this item. He stated they could possibly look into a corporate location where exhibitions and shows could be held. He noted that finding physical places and land was difficult and also expensive. Councilmember Clark agreed with Councilmember Goulet and stated it was an excellent suggestion. She added that when she had visited the Denver area theater, there was an art gallery in the lobby. She stated that public/private partnerships do exist and hopes Glendale explores that opportunity. Vice Mayor Martinez agreed. Vice Mayor Martinez commented on Tattoo Parlors as the next item of interest. He stated that staff had found no legal support to impose spacing requirements within authorized zoning districts. Councilmember Clark stated that she agreed with staff, however, other cities had relegated those businesses to their commercial district with conditional use permits. She suggested staff explore that aspect. Councilmember Goulet asked Councilmember Clark if cities had done this by initiating a change in zoning. Councilmember Clark stated she did not know, however, it was in their informational material that these cities permit Tattoo Parlors in only certain zoning districts. Mr. Jim May, Interim Planning Director, stated that Phoenix and Peoria allow those uses in certain commercial zoning districts with special permits. He said that staff could explore that possibly and initiate an amendment. Councilmember's Clark and Goulet stated their support to initiate Mr. May's suggestion. Councilmember Knaack stated her concerns with parlors in the downtown area. She said this type of zoning needed to be a component in the redevelopment of the downtown area. Mr. Craig Tindall, City Attorney, stated they will work with the Planning Department to bring forward this request in a manner that complies with the law. Councilmember Frate commented on two bills pertaining to regulatory inspections related to health issues. He stated it was essential that the legislators become aware of how important this issue is to cities. Councilmember Knaack commented that she believes the business community needs to take some responsibility on this issue. Vice Mayor Martinez discussed the next topic, the Document Shredding Program. He stated this project on its own would cost a lot of money; therefore, it was not economically sound for the city. However, the police department had had a successful shredding day and he believes this was a good way to execute this program. Councilmember Clark commented that since this had been successful at the police department, they should offer it at other locations throughout the city. Councilmember Goulet commented that there had been some participation from the Walmart and Target stores and sees this as an opportunity to partner with sponsors to help offset the cost and enable them to increase the frequency of the project. He added it would be much wiser than going into the General Fund for funds. Councilmember Knaack stated that she supports this project being a public/private partnership project. She stated that a lot of companies would like to sponsor this and receive some sort of advertising. She supports working with corporate sponsors. 5 Vice Mayor Martinez asked Chief Conrad if expanding this project to other locations would pose a problem for them. Chief Conrad stated this program did not originate from this request, but as a method to prevent crime. He explained that they were already planning to do this at other locations. He added that this Council item of interest provided an opportunity to look at how other cities approached this issue and look for opportunities for public/private partnerships. He said they were committed to work on this project twice a year. Councilmember Knaack asked if there were any community members who had volunteered or was it just city staff. Chief Conrad stated that many volunteers had been involved. Vice Mayor Martinez opened discussion on the topic of abandoned shopping carts. He stated that staff did not find this item to be a wide spread problem. Staff's recommendation is to continue to pursue current programs currently in place to monitor any changes in the number of complaints received regarding abandoned shopping carts to insure the needs of the public are being met. Councilmember Clark commented that she believed the reason they did not hear many complaints, was because most people do not know where to complain. She suggested including an educational campaign through their cable network to inform citizens where they can call. She explained she sees a lot of abandoned shopping carts, especially in south Glendale. She asked Mr. Ed Beasley, City Manager, if there was any funding available for an educational campaign on cable to educate the public. Mr. Beasley stated that should Council decide to move forward on this item; staff will be willing to make adjustments in the budget. Councilmember Frate stated that he too has seen quite a bit of carts on 59th Avenue. He said many of the carts were at bus stops and intersections. He discussed the shopping cart retrieving service and inquired as to how it worked. He remarked that shopping cads were not cheap and ranged in price from $200 to $300. He stated that he would like to see something done and believes it is a problem in the community. He also believes the shopping cart retrieval service might be overwhelmed with the amount of abandoned carts. Councilmember Knaack commented that when calling the retrieval service, you need to know where the cads are from. The business also has to be participating in the program for it to work. She explained that business owners need to take more responsibility and pick up their carts. Vice Mayor Martinez stated that he liked the idea of advertising, however, they would be using public money for someone else's profit. He asked Mr. Tindall if this would be allowed under current regulations. Mr. Tindall stated they would only be advertising for the benefit of the community, not the vendors. Vice Mayor Martinez related a story about a business that retrieves 40 to 50 carts a day. Councilmember Clark commented on state law requiring that shopping carts be identifiable. She asked Mr. Tindall since some shopping carts were not identifiable, would this enable the City of Glendale to intact similar legislation requiring that carts within the city adhere to the state law and be identified. Mr. Tindall stated that state law only requires carts to be identified if they are to be part of the retrieval program. He added the only allowance for local ordinances that the statute allows is for additional penalties for people that remove carts, not for requiring businesses to identify the carts. Councilmember Knaack commented that the people removing the carts do not have 6 channel 11. Councilmember Clark agreed and suggested possibly only targeting the business owners and the community. She noted that some carts at bus stops were being used as seating. She added the bus stop seating issue also needed to be addressed. Vice Mayor Martinez directed Mr. Beasley to address the matter of using public service announcements. Mr. Beasley stated that since this was a business driven issue, he will involve the Chamber of Commerce, which has better access to businesses. They can also provide more viable information on the issue. Vice Mayor Martinez asked for new items of interest. Councilmember Clark commented on how recent projects for commercial and housing have been identified as being more dense and vertical. She stated that these types of projects are being approved more frequentl. She said these projects make further demands on public safety. Therefore, because of this recent trend, she would like staff to explore the possibility of mechanisms that allow for greater participation on the part of public safety to review the plan designs before moving forward to Planning and Council. She said she believes that fire and police deserve to have greater input on current and future projects. Vice Mayor Martinez asked Mr. May if this type of process is assessed in the pre- application process. Mr. May stated it did come up in the pre-application review process as well as the design and rezoning process. He said fire and police do review and approve plans. He added that the Utilities Department does as well. He noted that at times that process does not come across clearly in the staff report. He stated staff will work to clarifying that concern. Councilmember Clark stated they never receive any information that shows how a certain project will affect fire and police. She said they need that type of information. Councilmember Goulet commented on an article on the growth of Arizona and its impact. He stated it was estimated that over the next ten years a minimum of 1 million additional people will come to Arizona. He explained that this will be a considerable strain on resources. He said the state should take the lead in solar energy activity. He stated they should start investing in solar energy and make it affordable for individuals and businesses. He cited some cities and countries that were actively pursuing alternative energy. He stated that solar use initial start-up costs were high; however, the price is likely to come down with demand. He discussed how coal is an energy tool, however, affects the environment. Nuclear energy is also an option, however, it is extremely expensive and slow to approve. He stated that solar offered the best option for future benefits. He would like staff to examine reducing the permit fees for solar implementation for both home and business. He stated that several other cities in this state have waived or substantially reduced them. He would also like staff to consider establishing a fund where homeowners and businesses could apply and receive grant money or some kind of financial assistance that will benefit both the state and the citizens. Councilmember Goulet remarked on another matter that had come to his attention. He stated that some people had approached him asking if the city had a procedure should the Mayor and Vice Mayor become unavailable at the same time. He said he had received several answers from staff, however, believes there should be a clear procedure should an emergency occur. He also would like to discuss a rotating procedure of certain positions to bring fresh ideas and different prospective to the table. He stated that it would also be beneficial to have a regular process and a regular time 7 of year to discuss the Vice Mayor position. He noted he would like Council to evaluate the process and choose to continue it as is or to modify it. Councilmember Knaack discussed the issue of speed humps. She stated she receives large amounts of e-mails on the subject. People usually really dislike them or really like them. She stated she believes speed humps are being over-used as traffic mitigation and would like to find alternative solutions. She explained that education, speed devises and law enforcement are also ways to address this problem. She said the speed humps are expensive and the money could be used in another form of mediation. She asked staff to consider alternatives to speed humps and review alternatives from other cities. Councilmember Clark asked to address the Council on Councilmember Lieberman's behalf, She read from a prepared memo and distributed copies to Council. The memo discussed a package entitled Council Guidelines provided to him in 1992 when he first won election. In the memo, Councilmember Lieberman discusses the Council's Retreat which has been done for the last three years. In the guidelines, he states that in May of each year, nominations for Vice Mayor will be discussed by the City Council, which was done for several years. However, since Councilmember Eggleston's selection and retirement, they have not met to discuss the position of Vice Mayor in the last 12 years. Vice Mayor Martinez has been in the position for almost a year and a half and the Council has not met to discuss his appointment. He states that in Council Guidelines, the Vice Mayor will not serve as Chairperson of any standing Council committee; however, Vice Mayor Martinez has retained his ten year position as Chairman of the Government Services Committee. Councilmember Lieberman stated that the Mayor and Vice Mayor have both received a copy of Council Guidelines as early as 1998 and did in fact sign a memorandum asking for a review of our Charter and other items pertaining to the Council. However, nothing ever happened. In his memo he also discussed that in May, the Council will appoint memberships to the Budget and Finance Committee, Utilities Committee and the Governmental Services Committee. He stated that service on these committees will be based on seniority. Seniority is defined as current, continuous period of service on the City Council. In his closing statement, Councilmember Lieberman stated that it was his belief that all members of the City Council should be able to share equally in all positions, to include Vice Mayor and Chairman of various committees. This would ensure that constituents enjoy having their elected officials share in selected positions on the Council, during one or more terms in office as an elected official. He stated they should return immediately to these guidelines. Councilmember Clark commented on her prepared memo in response to Councilmember Lieberman's memo. She stated she agreed with Councilmember Lieberman and stated this has been an ongoing request of hers since 1992. She said that she was glad it had been brought up by Councilmember Goulet and supported his efforts and looks forward to Council discussing and reviewing the Council's Guidelines. She noted that by so doing, they will increase the expectation of professionalism of the Council, as well as its efficiency. She added that it will also develop standards for future Councils. Vice Mayor Martinez asked Mr. Tindall if this was the proper forum to discuss this matter. Mr. Tindall stated that the purpose of Special Items of Interest was intended for staff to research a certain item. Therefore, staff does not have a lot of involvement on this issue. However, this item could be brought up at a future workshop or possibly at a retreat. He added this matter could be agenized for discussion at a future Council workshop. Vice Mayor Martinez stated that he had no problem bringing this item up at 8 a future meeting. He added that as far as being on committees, he welcomes everyone's involvement. Councilmember Clark stated that she had no preference on where this item would be discussed; however, she would like them to come up with some kind of definitive time and place for this discussion. Councilmember Knaack stated she would like this item to be brought up at the next retreat. Councilmember Clark stated that a retreat was six months out and would like this discussion to occur sooner rather than later. Vice Mayor Martinez commented that they were still working on the Code of Ethics assigned at the retreat and possibly after that item was completed, they could discuss this matter. Councilmember Clark stated she would like to set a date at the earliest convenience. Councilmember Goulet stated he would like to start discussions before the retreat so as to not start from the beginning. He noted it had been a long time since Council had set rules on Code of Conduct and Ethics. He recommends bringing it forward in a workshop session. He explained that this was in no way a criticism of anyone, but rather a requirement to have certain guidelines established for the betterment of everyone involved. Mr. Tindall stated that this discussion would be in an open setting. He asked to clarify that Council has not been working on a Code of Ethics and Conduct other than the initial discussion had in the workshop. Vice Mayor Martinez stated he had sent out a copy of the proposed guidelines for the Code of Conduct and Code of Ethics. He said Council is waiting on dates to finalize it. Councilmember Clark stated that this matter was separate from the proposed guidelines; therefore, she recommends this be brought up at a September workshop. Vice Mayor Martinez stated he would prefer to complete the process on the Code of Conduct and Code of Ethic guidelines before starting another item. Councilmember Clark reiterated that they were two separate procedures and one should not have to wait on the other. Vice Mayor Martinez stated that he disagreed and would like to complete the first item before starting another. Councilmember Knaack stated that she too believes they are two separate issues, however, did not have a problem waiting until the first project was completed. Councilmember Frate agreed with Councilmember Knaack. He explained they did have procedures in place should either the Mayor or Vice Mayor be absent. He stated that the procedure was for the rest of Council to convene and decide on a designee. He asked Mr. Tindall to confirm. Mr. Tindall stated that as a practical matter, that would be what would have to happen. He added it would be rare to encounter such a case; however, the remaining Council members would convene and determine how to move forward. Vice Mayor Martinez asked if the consensus was to set up discussions on the Code of Conduct for the next retreat. Councilmember Clark stated they should start discussions in an open workshop setting first. Councilmember Knaack agreed with Councilmember Clark and asked to set a date. Vice Mayor Martinez agreed to start discussions in a workshop session. 9 ADJOURNMENT The meeting was adjourned at 2:45 p.m. 10