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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 6/23/2009 GLEN t MINUTES OF THE GLENDALE CITY COUNCIL MEETING Council Chambers 5850 West Glendale Avenue June 23,2009 7:00 p.m. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Manuel D. Martinez and the following Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, Yvonne J. Knaack, and H. Philip Lieberman. Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City Manager; Craig Tindall, City Attorney; and Pamela Hanna, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the 8 resolutions and 3 ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF THE JUNE 9, 2009 CITY COUNCIL MEETING It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the February 10, 2009, Regular City Council meeting, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. BOARDS. COMMISSIONS AND OTHER BODIES This is a request for City Council to approve the recommended appointments to the following boards, commissions and other bodies that have a vacancy or expired term and for the Mayor to administer the Oath of Office to those appointees in attendance. Effective Expiration Board of Adjustment Lara Houston Cholla Appointment 06/30/2009 06/30/2011 Jim Ligon Ocotillo Reappointment 06/30/2009 06/30/2011 Sandy Burrell—Chair Cactus Reappointment 06/30/2009 06/30/2010 Citizens Advisory Commission on Neighborhoods Barbara Cole Cactus Appointment 06/30/2009 06/30/2011 Ron Abrahams Cactus Appointment 06/30/2009 06/30/2011 Bill Jocewicz Yucca Reappointment 06/30/2009 06/30/2011 Sharon Sprague—Chair Sahuaro Appointment 06/30/2009 06/30/2010 Vickie Loya—Vice Chair Cholla Appointment 06/30/2009 06/30/2010 Citizens Bicycle Advisory Committee Bradley Meek Cholla Reappointment 07/17/2009 07/17/2011 Bradley Meek—Chair Cholla Appointment 07/17/2009 07/17/2010 G. John Horvath—Vice Chair Ocotillo Appointment 06/23/2009 03/25/2010 Citizens Transportation Oversight Commission Dr. James Sanders Cactus Reappointment 07/25/2009 07/25/2011 Commission On Persons With Disabilities Raymond Yaeggi Cactus Appointment 06/23/2009 02/27/2011 Community Development Advisory Committee Yolanda Hernandez CAP Reappointment 07/01/2009 07/01/2011 Glendale Municipal Property Corporation Ron Cantrell Yucca Appointment 06/23/2009 12/01/2009 Housing Advisory Commission Thomas Castaldo Ocotillo Reappointment 07/01/2009 07/01/2011 Donna Duggins Cactus Appointment 07/01/2009 07/01/2011 Jeffery Hyvarinen Barrel Reappointment 07/01/2009 07/01/2011 PhilipReina—Chair Cactus Reappointment 07/01/2009 07/01/2010 Thomas Castaldo—Vice Chair Ocotillo Reappointment 07/01/2009 07/01/2010 Library Advisory Board Charlene Sharp Sahuaro Appointment 06/28/2009 06/28/2011 Parks & Recreation Advisory Commission Danielle Silvas Sahuaro Appointment 06/28/2009 06/28/2011 Risk Management Worker's Compensation Trust Fund Board John Stern Cholla Reappointment 07/24/2009 07/24/2012 John Stern—Chair Cholla Reappointment 07/24/2009 07/24/2010 The recommendation is to make appointments to the boards, commissions and other bodies and administer the Oaths of Office. 2 It was moved by Martinez, and seconded by Frate, to appoint Lara Houston, Jim Ligon and Sandy Burrell to the Board of Adjustment; Barbara Cole, Ron Abrahams, Bill Jocewicz, Sharon Sprague and Vickie Loya to the Citizens Advisory Commission on Neighborhoods; Bradley Meek and G. John Horvath to the Citizens Bicycle Advisory Committee; Dr. James Sanders to the Citizens Transportation Oversight Commission; Raymond Yaeggi to the Commission on Persons with Disabilities; Yolanda Hernandez to the Community Development Advisory Committee; Ron Cantrell to the Glendale Municipal Property Corporation; Thomas Castaldo, Donna Duggins, Jeffery Hyvarinen, and Philip Reina to the Housing Advisory Commission; Charlene Sharp to the Library Advisory Board; Danielle Silvas to the Parks & Recreation Advisory Commission; and John Stern to the Risk Management Worker's Compensation Trust Fund Board. The motion carried unanimously. PROCLAMATIONS AND AWARDS PROCLAMATION IN RECOGNITION OF KELLY MURPHY, ARIZONA INTERSCHOLASTIC ASSOCIATION FEMALE STUDENT OF THE YEAR This is a request for City Council to present a proclamation to Glendale resident, Kelly Murphy, who was named Arizona Interscholastic Association (AIA) Female Student of the Year. Ms. Murphy has exhibited academic achievement and excellence in numerous athletic and extra- curricular activities throughout her high school career. She was ranked first in her senior class at Mountain Ridge High School and was Student Body President. Kelly Murphy will be present to accept the proclamation. Cox Communications and the AIA recognize character and greatness both on and off the field. Because of all her accomplishments, Ms. Murphy received the 2009 Everyday Hero Award. She played varsity basketball and volleyball and received numerous other honors. Those honors include AP Scholar with Honors, Coca-Cola National Scholar, M&I Bank Skylights Scholar Athlete Grand Prize Winner, Rotary International Student Scholar of the Month, Cox?-AZ After- the-Bell featured student, Samsung American Legion National Scholar, the President's Volunteer Service Award, the Mountain Ridge High School Principal's Leadership Award, and American Legion Girls State Delegate and State Scholar. Throughout her high school career, Ms. Murphy has more than 600 hours volunteering at Del E. Webb Community Hospital, painting houses and other community projects through the Mayor's Youth Advisory Commission, organizing blood drives for United Blood Services, organizing food drives for the Westside Food Bank, coordinating a "Beanie Baby" drive through the National Honor Society to benefit Phoenix Children's Hospital, and acting as usher and babysitter at her church nursery. The recommendation is to present the proclamation to Kelly Murphy. Mayor Scruggs called Ms. Kelly Murphy forward. 3 Ms. Murphy thanked the Mayor and Council. She stated Mayor Scruggs had been an incredible inspiration in the Mayor's Youth Advisory Commission, providing them with many opportunities such as the ones she had accomplished. She thanked her for her dedication and commitment. CONSENT AGENDA Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 8 and Ms. Pamela Hanna, City Clerk, read consent agenda resolution item numbers 9 through 16 by number and title. Mayor Scruggs requested items 11, 12 and 13 be removed from the consent agenda. 1. LIQUOR LICENSE NO. 3-1241, FAJARDO'S CAFE This is a request for City Council to approve a new, non-transferable Series 12 (Restaurant) license. Fajardo's Cafe is located at 6706 North 58`h Drive. The Arizona Department of Liquor Licenses and Control application(No. 12078007)was submitted by Alfredo Fajardo. The location of the establishment is 6706 North 58`h Drive and is located within the Ocotillo District. The property is zoned M-1 (Light Industrial). The population density within a one-mile radius is 21,503. This Series 12 is a new license, operating without an interim permit, therefore, the approval of this license will increase the number of liquor licenses in the area by one. The number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 06 Bar—All Liquor 4 07 Bar—Beer and Wine 4 09 Liquor Store—All Liquor 3 10 Liquor Store—Beer and Wine 14 12 Restaurant 12 14 Private Club 2 Total 39 The Maricopa County Health Department and the City of Glendale Planning, Police, and Fire Departments have reviewed the application and determined that it meets all technical requirements. No public protests were received during the 20-day posting period. Based on information provided under the background, it is staffs recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 2. LIQUOR LICENSE NO. 3-1242, MCFADDEN'S RESTAURANT & SALOON 4 This is a request for City Council to approve a new, non-transferable Series 12 (Restaurant) license. McFadden's Restaurant & Saloon is located at 9425 West Coyote Boulevard, Building H. The Arizona Department of Liquor Licenses and Control application (No. 12078005) was submitted by Randy D. Nations. The location of the establishment is 9425 West Coyote Boulevard, Building H and is located within the Yucca District. The property is zoned PAD (Planned Area Development). The population density within a one-mile radius is 1,979. This Series 12 is a new license, operating without an interim permit; however, the approval of this license will not increase the number of liquor licenses in the area since it will ultimately replace the Series 12 license previously operated by Fox Sports Grill. The number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 03 Micro brewery 1 06 Bar—All Liquor 3 07 Bar—Beer and Wine 2 10 Liquor Store—Beer and Wine 2 11 Hotel—Motel 1 12 Restaurant 10 Total 19 The Maricopa County Health Department and the City of Glendale Planning, Police, and Fire Departments have reviewed the application and determined that it meets all technical requirements. No public protests were received during the 20-day posting period. Based on information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 3. LIQUOR LICENSE NO. 3-1243, MOE'S PIZZA WING'S &THINGS This is a request for City Council to approve a new, non-transferable Series 12 (Restaurant) license. Moe's Pizza Wing's & Things is located at 6222-24 North 43rd Avenue. The Arizona Department of Liquor Licenses and Control application (No. 12078004) was submitted by David Michael Moeller. The location of the establishment is 6222-24 North 43rd Avenue and is located within the Cactus District. The property is zoned C-2 (General Commercial). The population density within a one-mile radius is 27,144. This Series 12 is a new license, operating with an interim permit, therefore, the approval of this license will not increase the number of liquor licenses in the area. The number of liquor licenses within a one-mile radius is as listed below. Series Type Quantity 06 Bar—All Liquor 4 5 07 Bar—Beer and Wine 1 09 Liquor Store—All Liquor 5 10 Liquor Store—Beer and Wine 10 12 Restaurant 4 Total 24 The Maricopa County Health Department and the City of Glendale Planning, Police, and Fire Departments have reviewed the application and determined that it meets all technical requirements. No public protests were received during the 20-day posting period. Based on information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 4. SPECIAL EVENT LIQUOR LICENSE, ASSOCIATION OF LATINO PROFESSIONALS IN FINANCE & ACCOUNTING FUNDRAISER, JULY 11-12, 2009 This is a request for City Council to approve a special event liquor license for the Association of Latino Professionals in Finance & Accounting. The event will be held at Westgate City Center located at 6770 North Sunrise Boulevard on Saturday, July 11 from 6:00 p.m. to 1:00 a.m. and on Sunday, July 12 from 10:00 a.m. to 6:00 p.m. The purpose of this special event liquor license is for a fundraiser during the Confederation of North, Central America, and Caribbean Association Football Gold Cup Event. If this application is approved, the total number of days expended by this applicant will be two of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the Council recommends approval of such license. The City of Glendale Planning, Police, and Fire Departments have reviewed the application and determined that it meets all technical requirements. Based on the information provided under the background, it is staff's recommendation to forward this application to the Arizona Department of Liquor Licenses and Control with a recommendation of approval. 5. PROFESSIONAL SERVICES AGREEMENTS FOR OASIS GROUNDWATER TREATMENT PLANT This is a request for City Council to approve two Professional Services Agreements for the Oasis (also known as Zone 4) Groundwater Treatment Plant project; one with CH2M HILL, Inc. to provide construction administration services and one with Sundt Construction, Inc. for Construction Manager at Risk construction services for the Guaranteed Maximum Price Phase II. 6 The purpose of this project is to treat groundwater to meet regulatory drinking water standards and augment the city's water supply to meet the water demand. This project is consistent with the Council goal of providing high quality service for Glendale residents. The Oasis Groundwater Treatment Plant (Oasis Plant) will provide additional water capacity to the overall water supply infrastructure to meet water demands. The Oasis Plant was originally recommended in the 2003 Water Master Plan and was included in the 10-year Capital Improvement Projects (CIP) budget. It will enhance the city's ability to meet its water demand by treating a portion of the city's groundwater supply. The Oasis Plant will treat 10 million gallons per day of water from a few city wells to reduce the nitrate levels through an ion-exchange process to comply with drinking water regulations. The Utilities and Engineering Departments performed extensive value engineering services to reduce the project cost. The project has been scaled back to reflect the current water consumption and construction trends. CH2MHILL and Sundt were selected as the consultant and contractor, respectively, through a competitive qualification-based selection process. On June 10, 2008, Council approved the Professional Services Agreement for Construction Manager at Risk (CMAR) with Sundt Construction, Inc. for construction services for Guaranteed Maximum Price, Phase I of the Oasis GWTP project. On February 26, 2008, Council approved the Amendment Number 1 to the Professional Services Agreement with CH2M HILL, Inc. for design engineering services for the Oasis GWTP project. On September 25, 2007, Council approved the Professional Services Agreements for CMAR with CH2M HILL, Inc. to provide the preliminary design and for with Sundt Construction, Inc. for preconstruction services for the Oasis GWTP project. Funds are available in the FY 2009-10 and FY 2010-11 Capital Improvement Plan. Additional operating expenses of$636,000 are expected once the project is completed. These costs will be included in the Utilities Department annual O&M budgets. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $17,987,692 Account Name, Fund, Account and Line Item Number: FY2009-10, Zn4 Groundwater Trtment Plant, Account No. 2400-61036-551200, $ 2,918,400 FY2009-10, Zn4 Groundwater Trtment Plant, Account No. 2400-61036-550800, $12,499,622 FY2010-11, Zn4 Groundwater Trtment Plant, Account No. 2400-61036-551200, $ 486,400 FY2010-11, Zn4 Groundwater Trtment Plant, Account No. 2400-61036-550800, $ 2,083,270 The recommendation is to authorize the City Manager to enter into two Professional Services Agreements for the Oasis (also known as Zone 4) Groundwater Treatment Plant project in the 7 amount of $17,987,692: one with CH2M HILL, Inc. to provide construction administration services in an amount not to exceed $3,404,800 and one with Sundt Construction, Inc. for Construction Manager at Risk construction services in an amount not to exceed $14,582,892. 6. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT—RED OAK CONSULTING This is a request for City Council to approve the amendment to the professional services agreement with Red Oak Consulting for the annual update of the water and wastewater rates model. In order to continue to provide annual updates to the water and sewer rate, and development impact fee models, the Utilities Department is requesting authorization for the City Manager to extend the agreement on an annual basis for the next three years in an amount not to exceed $200,000, beginning in FY2009-10, subject to the annual budget appropriation. The annual update of the water and wastewater rates and/or development impact fees is consistent with the Council's goal of a city that is fiscally sound by ensuring new growth pay its share of required capital costs. Red Oak Consulting annually evaluates the city's water and wastewater rate structure. They also develop the financial planning, and rate and/or development impact fee models for the city's Utilities Department. After a competitive process, a committee of internal staff selected Red Oak Consulting as the most highly qualified firm to provide these services. Red Oak Consulting was selected due to its extensive experience, number of local references, technologically-advanced computer model, and close proximity of resources. The annual evaluation Red Oak Consulting performs is based on total revenue requirements including: operations costs, maintenance costs, indirect costs, capital replacement, debt service, and required reserves. Specifications requested vary annually and an amendment to the existing professional services agreement is necessary to accurately reflect the analysis and recommendations requested. On October 23, 2007, Council authorized the City Manager to amend the agreement with Red Oak Consulting to provide the water and sewer rate model and the development impact fees model. Council also authorized the Utilities Department to spend up to $200,000 annually, beginning in FY2008-09, for ongoing updates to the water and sewer rate model and the water and sewer development impact fees model subject to the annual budget appropriation. On November 14, 2006, Council authorized the City Manager to enter into an agreement with Red Oak Consulting to provide the water and sewer rate model and the development impact fees model. The updated findings on water and sewer rates and development impact fees provided by Red Oak Consulting will help the city to maintain its current level of service to existing residents and to support future growth. Funding is available in the Utilities Department's FY2008-09 operating budget. 8 Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $200,000 Account Name, Fund.Account and Line Item Number: Utilities Administration, Account No. 2360-17110-518200 The recommendation is to authorize the City Manager to approve the amendment to the professional services agreement with Red Oak Consulting for the annual update of the water and wastewater rates in an amount not to exceed $200,000; and authorize the City Manager to renew said agreement, at his discretion, for up to three one-year terms, subject to budget appropriation. 7. AUTHORIZATION FOR THE CITY ATTORNEY TO FILE ACTION FOR CONDEMNATION This is a request for City Council to authorize the City Attorney to file a condemnation action to clear title for a portion of 63rd Avenue that lies south of Bell Road. The property in question was improved as public right of way in the mid 1980's in conjunction with development at the southeast corner of 63`d Avenue and Bell Road. It has only recently been brought to the city's attention that the right of way for the east half of 63rd Avenue, adjacent to the corner parcels, was never formally dedicated to the City by the previous owners as was required by the zoning stipulations upon the property. The failure of the then landowner to dedicate the land was most likely due to transfers of the property related to bank foreclosure that affected the property more than 20 years ago. The current property owner is not opposed to the action but has not cooperated on the timing of the dedication. The city will continue to work with the landowner to secure the dedication immediately. However, the completion and occupancy of other development on the adjacent property is dependant on the dedication of the roadway. Without a timely resolution, which can be secured through immediate possession, the current development may incur significant economic impact. Because dedication of the property upon which the roadway is located was required by law and directly benefits the landowner's adjacent property, no amount is anticipated to be paid by the City for the condemnation. Adopt a motion authorizing the City Attorney to pursue formal dedication of a portion of 63rd Avenue right of way, and including, if necessary, to pursue condemnation and any other actions necessary to vest title in the City for the stated property. 8. AWARD OF BID FOR THE RENOVATION OF THE POLICE IDENTIFICATION LAB This is a request for City Council to authorize the City Manager to award the bid for renovation of the Police Identification Lab to Renovation Solutions Group, Inc., in an amount not to exceed 9 $97,925 and authorize the City Manager to enter into a Construction Agreement for said seryices. This request addresses the Council goal of providing public safety for all citizens by ensuring the Police Department's continuing ability to investigate crimes. Modification of the Police Department's Identification Lab will allow the department to continue to meet burden of proof requirements established for criminal evidence and enhance environmental conditions in the lab. The modifications include upgrading flooring and countertop materials and upgraded workstations. In addition the renovation will include an improved fuming chamber for latent print enhancement and specialized storage cabinets. The Engineering Department issued an Invitation for Bids and received twenty-two proposals on May 6, 2009. Renovation Solutions Group, Inc. was the lowest responsive, responsible bidder. This renovation will enhance the department's ability to investigate and prosecute criminals in a timely and efficient manner. The one-time cost associated with this renovation will be funded using Police Racketeering Influenced Crime Organization(RICO) funds, Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $97,925 Account Name, Fund,Account and Line Item Number: Police Racketeering Influenced Crime Organization (RICO) Account No. 1860-32030-551400 The recommendation is to authorize the City Manager to award the bid for renovation of the Police Identification Lab to Renovation Solutions Group, Inc., in an amount not to exceed $97,925 and authorize the City Manager to enter into a Construction Agreement for said services. CONSENT RESOLUTIONS 9. ACCEPTANCE OF FY 2009-10 GRANT FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR TRAFFIC ENFORCEMENT PURPOSES This is a request for City Council to adopt a resolution authorizing the acceptance of a $10,000 grant from the Arizona Governor's Office of Highway Safety for the purchase of equipment for traffic enforcement purposes by the Glendale Police Department. This request supports the Council strategic goal of one community focused on public safety for citizens by providing the Police Department a means to focus on speed issues throughout the city. 10 This grant award will support the Police Department by providing equipment funding for the purchase of three pro lasers during the FY 2009-10. Lasers are advanced versions of speed enforcement equipment formally known as radar guns. This grant will benefit the Glendale community and the citizens by allowing the Police Department to continue to assist with traffic safety in the city. There is no financial match required for this grant and there are no additional operating costs. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $10,000 Account Name, Fund,Account and Line Item Number A specific account will be established in Fund 1840, the city's grant fund, once the grant agreement is formally executed. The recommendation is to waive reading beyond title and adopt a resolution authorizing the acceptance of a $10,000 grant from the Arizona Governor's Office of Highway Safety for the purchase of equipment for traffic enforcement purposes by the Glendale Police Department. Resolution No. 4279 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING THE GRANT OFFER IN THE AMOUNT OF $10,000 FROM THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE PURCHASE OF EQUIPMENT FOR TRAFFIC ENFORCEMENT PURPOSES BY THE GLENDALE POLICE DEPARTMENT. 10. ACCEPTANCE OF FY 2009-10 GRANT FUNDING FROM THE ARIZONA AUTOMOBILE THEFT AUTHORITY This is a request for City Council to adopt a resolution allowing the City Manager to accept and administer a Law Enforcement grant in the amount of$12,110 and a Public Awareness grant in the amount of$8,597, awarded by the Arizona Automobile Theft Authority (AATA). Funding will assist the Police Department in combating auto theft through the use of pro-active enforcement and public awareness. These grants support Council's goal of one community focused on public safety for citizens and visitors by combating auto theft through proactive enforcement and public awareness. With the assistance of AATA funding, the Police Department has conducted 21 vehicle identification number (VIN) etching events and etched over 1,450 vehicles since 2005. These events, along with other auto theft crime prevention programs, have been very successful in reducing/deterring auto theft. The AATA grants have also allowed the department to implement a successful bait vehicle program and other anti-auto theft equipment. 11 As a result of the city's proactive approach at combating auto theft and partnering with the AATA auto theft has significantly decreased in Glendale. These AATA grants will allow the Police Department to host 3-4 vehicle identification number (VIN) etching events at no cost to the public, provide free steering wheel locks to city residents, provide metal signs to multi-housing communities and provide two Public Service Announcements. The grants will also allow the Police Department to use pro-active enforcement techniques to combat auto theft; such as, maintaining the bait vehicle program. These techniques are aimed at reducing the number of auto thefts in the city. The acceptance of these grants does not require any matching funds, nor are there any ongoing costs associated. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $20,707 Account Name, Fund,Account and Line Item Number: A specific account will be established in Fund 1840,the city's grant fund, once the grant agreements are formally executed. The recommendation is to waive reading beyond the title and adopt a resolution allowing the City Manager to accept and administer a Law Enforcement grant in the amount of$12,110 and a Public Awareness grant in the amount of $8,597, awarded by the Arizona Automobile Theft Authority. Resolution No. 4280 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSION AND ACCEPTING FROM THE ARIZONA AUTOMOBILE THEFT AUTHORITY TWO GRANTS TO ASSIST THE GLENDALE POLICE DEPARTMENT IN COMBATING AUTO THEFT THROUGH THE USE OF PROACTIVE ENFORCEMENT, PUBLIC AWARENESS AND LAW ENFORCEMENT TRAINING. 14. GOVERNOR'S OFFICE OF HIGHWAY SAFETY GRANTS This is a request for City Council to adopt a resolution authorizing the acceptance of three grant awards from the Governor's Office of Highway Safety(GOHS). The first grant award is for $50,000 and will fund the purchase of additional handheld electronic citation ticketing devices for patrol officers. The second grant award is for $14,128 and will fund the purchase of digital information technology equipment for courtroom traffic evidence 12 exhibits. And the third grant application will fund $40,141 for digital audio recording systems for all five City Court courtrooms. These requests address the City Council strategic goal of one community committed to public safety. The handheld electronic citation devices produce traffic citations much more quickly than standard hand-written citations, This enhances officer safety through reduced exposure to the dangers of flowing traffic. The information technology equipment for courtroom evidence will allow the introduction of digitally formatted civil and criminal traffic exhibits. Substantial court time to conduct traffic hearings would be reduced by eliminating the need to set up and take down temporary equipment. The digital courtroom audio recording systems will continue to ensure accurate preservation and prompt retrieval of all court audio proceedings for appeals and public records purposes. The Court has already purchased 12 electronic handheld citation ticketing devices through grant monies. The first purchase of five units was made with special Court grant funds. The second purchase of seven units was made with GOHS grant funds. In a related development, the Court also received a previous GOHS grant for $22,000 for information technology services to accomplish electronic data transfer from the citation devices directly to the Court and Police Department databases. Phase Two of this project will equip all remaining police officers in the motorcycle unit with the citation devices. When evidence of a non-testimonial nature or non-paper format is introduced in Glendale City Court, only outdated low-technology equipment is available to display that evidence. The Court seeks to add network tablet personal computing devices with wireless VGA connections to television monitors to transform its DUI and civil traffic courtrooms into prototype environments for digital introduction of evidence. Although the Court can produce audio records upon demand, the equipment utilized for recording and duplication is growing obsolete. Glendale City Court desires to remedy this situation by purchasing a multi-channel digital audio recording system to archive courtroom proceedings and other events. On December 23, 2008 City Council adopted a resolution authorizing Glendale City Court to accept a GOHS grant for $22,000 for information technology consultation services to achieve electronic data transfer from the citation ticketing devices. On May 8, 2007 City Council adopted a resolution allowing Glendale City Court to apply and accept grant funding from GOHS for the purchase of 15 electronic citation ticketing devices. The Court received a reduced GOHS award which resulted in the purchase of fewer units. In addition to producing traffic citations much more quickly than standard hand-written methods, the electronic ticketing devices also result in fewer mistakes and increased efficiency in processing these cases in court. Currently, the Court must manually enter this data, which the Police Department cannot readily capture for investigative and other purposes. Similar 13 efficiencies will be realized through the procurement of the courtroom IT equipment and the digital audio recording systems. The Police Department's existing operating budget will pay for the maintenance of the handheld ticketing devices once the initial vendor agreements expire. The Court's existing operating budget will pay for the maintenance of the courtroom based audio and technology equipment that is being acquired with the grant funds. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X X $50,000 X X $14,128 X X $40,141 Account Name, Fund, Account and Line Item Number: There is no financial match requested for this funding. A specific account will be established in Fund 1840, the city's grant fund, once the grant agreements are formally executed. The recommendation is to waive beyond reading the title and adopt a resolution authorizing the submissions and accepting three grant offers, if awarded, from the Arizona Governor's Office of Highway Safety for the purchase of equipment on behalf of the Glendale City Court. Resolution No. 4284 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE SUBMISSIONS AND ACCEPTING THREE GRANT OFFERS FROM THE ARIZONA GOVERNOR'S OFFICE OF HIGHWAY SAFETY FOR THE PURCHASE OF EQUIPMENT ON BEHALF OF THE GLENDALE CITY COURT. 15. CITY COURT IMPROVEMENT FEE This is a request for City Council to adopt a resolution authorizing an increase in the Court Improvement Fee. The requested increase will maintain a safe courthouse environment by funding existing security costs in addition to certain technology costs. An increase in the Court Improvement Fee addresses the City Council strategic goal of one community that is fiscally sound by pursuing and maintaining revenue streams that support service delivery through sound financial practices regarding infrastructure and upkeep. The Court Improvement Fee is imposed on all criminal cases and civil offenses such as traffic and code. Parking offenses are excluded. The fee is collected and deposited in a separate fund established for the payment of Court expenses for technology, security or other needed improvements at the City Court. Raising the Court Improvement Fee is consistent with existing fees of other limited jurisdiction courts in Arizona. 14 During a June 16, 2009 City Council workshop, policy guidance was provided on the Court Improvement Fee. Staff was directed to bring this item forward on the current business voting agenda. On September 10, 1996 Council adopted a resolution increasing the Court Security Surcharge (also known as the Court Improvement Fee) from $8.00 to $12.00. Subsequent Council action renamed this fee the Court Improvement Fee and expanded its purpose to include technology expenses and other Court improvements. The Court Improvement Fee has remained at $12.00 since the 1996 resolution. On June 8, 1993 Council adopted a resolution amending the City Code, Chapter 13, by adding section 13-9 relating to the imposition of this surcharge to pay for ongoing security costs for the Court complex. It was identified as the court security surcharge. The amount of the surcharge was set at $8.00 per charge. An increase in the Court Improvement Fee will benefit Court customers through a safer security environment. The increased fee will provide greater efficiencies from automation improvements. The Court seeks to raise the Court Improvement Fee from $12.00 to $20.00. It is projected this could increase revenues within this fund by approximately $172,000 per year. This estimate is based on fees received in Fiscal Year 2007-2008 if the higher fee had been utilized, This additional revenue will be recorded in the Court Fund (F1240) and used to support Court specific expenditures. No additional staffing requirements are needed. The recommendation is to waive reading beyond the title and adopt a resolution authorizing an increase in the Court Improvement Fee from $12 to $20 per charge. Resolution No. 4285 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, SETTING THE AMOUNT OF THE COURT IMPROVEMENT FEE ON ALL FINES OR CIVIL SANCTIONS, EXCEPT FINES AND CIVIL SANCTIONS FOR PARKING VIOLATIONS, IMPOSED BY THE GLENDALE CITY COURT; ALLOWING ANNUAL AUTOMATIC FEE ADJUSTMENTS; AND ESTABLISHING AN EFFECTIVE DATE. Mr. Leonard Clark, an El Mirage resident, asked to speak on items 5, 9, and 11. He commented on the excellent job the city was doing providing great water quality. He indicated he supported acceptance of a $10,000 grant from the Arizona Governor's Office of Highway Safety for the purchase of equipment. He noted traffic in the city was a serious situation. He also supports the Intergovernmental Agreement with Maricopa County Department of Public Health for childhood immunization services by the Glendale Fire Department. He stated that they were providing a great public service so these diseases do not spread. He thanked Council for their excellent decision making. It was moved by Frate and seconded by Knaack, to approve the recommended actions on Consent Agenda Item Nos. 1 through 10, and 14 and 15, including the approval and adoption of Resolution No. 4279 New Series, Resolution No. 4280 New Series, 15 Resolution No. 4284 New Series, and Resolution No. 4285 New Series; and to forward Liquor License Applications 3-1241 for Fajardo's Café,3-1242 for McFadden's Restaurant and Saloon, 3-1243 for Moe's Pizza Wings and Things, and Special Event Liquor License for the Association of Latino Professionals in Finance and Accounting fundraiser, to the State of Arizona Department of Liquor Licenses and Control,with the recommendation for approval. The motion carried unanimously. 11. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH FOR CHILDHOOD IMMUNIZATION SERVICES Mark Burdick, Fire Chief, presented this item. This is a request for City Council to adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement with Maricopa County Department of Public Health for childhood immunization services by the Glendale Fire Department (GFD). Monies supporting this contract are funded through the federal government's Centers for Disease Control's Immunizations and Vaccines for Children program. The intergovernmental agreement addresses the council's goal of one community focused on public safety for citizens and visitors and a city with high quality services. Participation in this program will have the dual effect of preparing Glendale Fire paramedics to deliver large-scale inoculations while providing free immunizations against disease to elementary school age children of our community. Participation also helps accomplish goals established when GFD was designated as a Metropolitan Medical Response System (MMRS) city by the Federal Emergency Management Agency (FEMA) in 2002. As part of the MMRS Biological Response Plan, GFD is expected to participate in public immunizations and to provide staffing at vaccination clinics (MMRS Deliverable 04.06). As part of the MMRS and the State Pandemic Flu plan, GFD is required to set up and operate vaccination clinics in times of crisis. Other cities that participate in this program are Apache Junction, Avondale, Buckeye, Mesa and Phoenix. Risk Management has reviewed the intergovernmental agreement. The city is able to comply with the insurance requirements of the county. As a part of GFD's ongoing responsibility to protect and support the well being of the citizens of Glendale, GFD's participation in childhood immunization clinics will hone the department's medical skills in giving shots to a segment of the population as well as the abilities to organize and operate vaccination clinics. GFD will follow the Advisory Committee on Immunization Practices from the Centers for Disease Control on the types of immunizations that will be provided. The county will provide federal pass through funding for each child that GFD vaccinates. Off duty staff will be paid to provide these services and therefore will not affect daily fire and emergency medical services. Staffing costs for the average clinic will be approximately $1,200 16 and not exceed $75,000 annually. The federal funding will cover those staffing costs. The agreement is for one year with an extension clause for up to five years. The GFD will have the ability to immunize 5,000 children in one year should the need arise. The county will provide support to GFD, including housing and delivery of the vaccines to the vaccination sites as well as clerical assistance for necessary patient documentation. Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total X $75,000 A specific project account will be established in Fund 1840, the city's grant fund, once the grant agreements are formally executed. The recommendation is to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an Intergovernmental Agreement with Maricopa County Department of Public Health for childhood immunization services by the Glendale Fire Department. Mayor Scruggs remarked that staff had met with several Councilmembers on this issue; however, there had never been a good time for her to meet with them. As a result, she has some questions and concerns on this item. She read from the Council Communication citing what was expected from the Glendale Fire Department. She asked Chief Burdick of the expectations when Glendale became part of the MMRS. Chief Burdick explained this was a contract with the federal government that was renewed annually. In that contract, the GFD is required to set up and operate vaccination clinics in times of crisis only. However, most cities have adopted some type of immunization program which gives them the basic day-to-day practice needed to provide this service other than only doing it in a mass situation. Mayor Scruggs asked if there were other cities implementing this program other than the five cities listed. Chief Burdick said the City of Mesa and Phoenix were involved with the immunizations program; however, Apache Junction, Avondale and Buckeye were only part of MMRS. He added there were four cities in Arizona participating: Phoenix, Glendale, Mesa and possibly Tucson. Mayor Scruggs asked what the County Health Department did for them in terms of providing immunizations. Chief Burdick replied they coordinate the whole event and contact the elementary schools participating. They also provide all the vaccines and resources while the GFD only provides the staff to administer the vaccines. Mayor Scruggs remarked that her concerns stemmed from an earlier incident when the city was held liable for a $2 million dollar suit because of a contaminated needle. She indicated that this contract puts all the liability on the city. She asked if any of the procedures have changed since that time. Chief Burdick explained that changes have occurred. He stated the agreement was only between Public Health and Glendale Fire. They will not be partnering with anyone else like in past years. He indicated another change was that they do not receive donations as in past years and are funded strictly by the CDC. In addition, GFD gets directly reimbursed for staff costs. He also explained there have been a number of advancements in safety procedures. They now use retractable needles so there is minimal chance for someone to dispose of a needle inappropriately. He noted they also have a tremendous inventory system that accounts for every needle used as opposed to the previous system. 17 Mayor Scruggs asked if the County Health Department had any liability and would they be on site for this event. Chief Burdick replied that they will be on site and do have liability for the vaccines. He noted the city was responsible for their staff. He added the system was much different and much improved than in the past. Mayor Scruggs asked if they will be using volunteers from the GFD. Chief Burdick stated this was strictly for the paid certified paramedics on staff. Mayor Scruggs asked Chief Burdick to explain how schools were selected and the procedure used to operate the event as well as how often it's done. Chief Burdick stated the County Health Department identifies the school and children to be vaccinated then calls GFD to be the staff to provide the shots. He explained county and state do not have paramedics and use the local government as their delivery system. Mayor Scruggs asked about the cost of this program. Chief Burdick indicated staffing costs for the average clinic will be approximately $1,200 and not exceed $75,000 annually. The federal funding will cover those staffing costs for the GFD in reimbursements. Mayor Scruggs commented on the budget situation and the city participation in events which were out of their core services. She asked if the GFD would be stopping after the $75,000 limit and if so, do they anticipate protests because of it. Chief Burdick stated that this was a County Health Program and they would be the ones to stop the program. He noted that because of budget constraints, they were not prepared to absorb any additional costs and would let them know their limit. He added it would be up to them to renegotiate with the CDC if they want to continue. He commented that this was only a routine vaccine they were administering. Mayor Scruggs commented that the agreement was for one year with an extension clause for up to five years, depending on the availability of federal funding. She explained this was not a program that will be taken up by the GFD, especially at a time when they were in a budget crisis. She wanted to make that clear to the citizens of Glendale. Chief Burdick agreed and added that off duty staff will be paid to provide these services and therefore, will not affect daily fire and emergency medical service. Mayor Scruggs asked if the off duty personal will only work in Glendale or other areas. Chief Burdick stated they will stay in Glendale. Mayor Scruggs inquired if he thought there were 5,000 children under the age of 18 needing immunizations. Chief Burdick replied that he did not know. Mayor Scruggs asked where these children were getting their immunizations at the moment. Chief Burdick stated some of these children have not received their vaccinations and need them to enter school. He noted this service not only protects these children, but other children as well. Mayor Scruggs commented that risk management believes this program was manageable and remarked on the insurance policy the city has to provide. Chief Burdick stated the insurance the city currently has matches what the GFD needs and no additional insurance is necessary. Councilmember Lieberman explained the new retractable syringes being used today. He stated they were extremely safe and wonders if those were the types being used. Chief Burdick replied, yes, they will be using the retractable needles. 18 Resolution No. 4281 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH FOR CHILDHOOD IMMUNIZATION SERVICES BY THE GLENDALE FIRE DEPARTMENT. 12. AMENDMENT NUMBER TWO TO ARIZONA TOURISM AND SPORTS AUTHORITY INTERGOVERNMENTAL AGREEMENT Art Lynch, Deputy City Manager, presented this item. This is a request for City Council to adopt a resolution directing the execution and delivery of Amendment Number Two to the development and disposition and intergovernmental agreement by and between the Tourism and Sports Authority dba Arizona Tourism and Sports Authority (AZSTA) and the City of Glendale, Arizona. This amendment will put into action the agreed upon hourly rate for law enforcement personnel with an annual escalator based on the Consumer Price Index(CPI). This amendment addresses the Council's goal of one community focused on public safety for citizens and visitors. Following the first year of operations at University of Phoenix Stadium, city staff met with AZSTA staff to evaluate public safety operations inside and outside the stadium, associated costs, and marketing expenses. It was determined that greater operational efficiencies for both agencies could be achieved by reaching an agreement on a competitive hourly rate for law enforcement personnel that would attract greater numbers of coalition officers to perform off- duty work at stadium events. This amendment will put into action the agreed upon hourly rate with an annual escalator based on the CPI. The city will be responsible for paying exterior public safety and traffic related costs while the AZSTA will pay for interior costs. The section of the original agreement dealing with marketing expenses is being deleted. Amendment Number One to the development and disposition and intergovernmental agreement by and between the AZSTA and the City of Glendale was adopted by resolution by the City Council on July 22, 2003. The City of Glendale, AZSTA and the Arizona Cardinals amended the agreement pursuant to the terms of the Memorandum of Agreement (MOA) dated November 1, 2004. The city will be better able to manage and direct its public safety resources as needed to address pedestrian and vehicular traffic flow and safety matters on the exterior of the stadium, The recommendation is to waive reading beyond the title and adopt a resolution directing the execution and delivery of Amendment Number Two to the development and disposition and intergovernmental agreement by and between the Tourism and Sports Authority dba Arizona Tourism and Sports Authority(AZSTA) and the City of Glendale, Arizona. 19 Mr. Art Lynch, Deputy City Manager, provided a summary on this item. He explained this amendment puts into action some things that have been the subject of negotiations in terms of updating and making an agreement which the AZSTA was ready to process. He referred to page 3 in response to Mayor Scruggs' email question regarding this issue. He stated they had attached a version of the agreement that had been prepared in August of 2007. He explained they will be changing the language in the final agreement. The language will be changed. The phrase "and its sole cost and expense" will be deleted and the actual language will read "consistent with agreements between the city and the stadium manager". He added the language was also covered in the resolution in section two. He added he appreciated the question and the recommended change. Mayor Scruggs explained how the Council Communication's memo had not been clear and therefore, had recommended this change. Councilmember Goulet stated he also had questions regarding this item. He remarked that the city will be responsible for paying exterior public safety and traffic related costs while the AZSTA will pay for interior costs. However, who will determine the amount of events? Mr. Lynch explained that those items were addressed in more detail in the ancillary agreements that are negotiated with Global Spectrum. He added the agreement does take into account not only the CIP component, but the rates are regularly adjusted to recoup cost. Councilmember Goulet explained his concern was that a proportional number for exterior and interior security were not always needed. He indicated that interior security seemed to need additional personnel and might require the city to also pay for the additional cost, as well as the exterior. Chief Conrad stated they worked with Global Spectrum on every event. He explained the billing reimbursement practices and how the number of personnel was established based on the recommendations for the safety of the event. He noted the language being discussed today is consistent with their practices. Councilmember Goulet asked if all the preparations will be done prior to a season opening. Chief Conrad explained they have weekly meetings with Global and discuss upcoming events as they come up. Resolution No. 4282 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF AMENDMENT NUMBER TWO TO THE DEVELOPMENT AND DISPOSITION AND INTERGOVERNMENTAL AGREEMENT WITH THE TOURISM AND SPORTS AUTHORITY, dba ARIZONA SPORTS AND TOURISM AUTHORITY; AND DIRECTING THAT THE AMENDMENT BE RECORDED. 13. AMENDMENT TO THE 2004 INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SURPRISE Craig Tindall, City Attorney, presented this item. This is a request for City Council to approve an amendment to the 2004 Intergovernmental Agreement with the city of Surprise ("Surprise") concerning the provision of sewer service within a portion of Glendale's strip annexation. 20 Council entered into an Intergovernmental Agreement with Surprise on February 26, 2004 for the provision of sewer services to Cortessa (White Tank Mountain Park Ranch) and White Tank Foothills Developments, which lie within Glendale's wastewater service area. The cities recognized at the time of the agreement that Surprise's existing infrastructure was more efficiently located to provide sewer service for this area. The cities wish to continue to provide, in the most cost effective manner and consistent with prudent long-term regional planning, for the handling of wastewater to the White Tank Mountain Park Ranch and White Tank Foothills Developments located between Peoria and Northern avenues and Citrus Road to Perryville Road. The cities desire to modify the agreement at this time to reflect current economic conditions and anticipated future growth in the area. The recommendation is to waive reading beyond the title and adopt a resolution approving the entering into of an amendment to the 2004 Intergovernmental Agreement with the city of Surprise. Mayor Scruggs indicated she had some concerns after the Council had been given a briefing on this item. She explained the 2004 Intergovernmental Agreement with the city of Surprise concerning the provision of sewer service within a portion of Glendale's strip annexation. She stated that at the time, it had been important to have this agreement to provide the ability for the city to someday take over the system, as the city continues to grow. However, after revisiting this item, they were changing things. She explained they had gone through the MAG process to establish this agreement and did not understand how they can change this without going back through the process again. Mr. Craig Tindall, City Attorney explained that the change in the language will still allow them to work consistently with MAG 208. He noted the change does broaden the agreement somewhat; however, the language was never intended to be inconsistent with the intent of the agreement. He added the City of Surprise had requested the language change since the city and fee structure had changed. Mayor Scruggs asked what had been built so far and what portion was in the Glendale's strip annexation area. Mr. Ken Reedy, Deputy City Manager for Public Works, stated there were two square miles of housing that have not been completely built out. He explained that several 100 homes already built are served by a pump station that pumps back to a line at Peoria Avenue and flows to the treatment plant in Surprise. As a result, the entire area is provided sewer service by Surprise. Mayor Scruggs asked if any expansion in the two square miles had been done for Glendale in anticipation of the city's growth on this facility. Mr. Reedy explained they were still discussing service alternatives in that area. He stated the original idea was to take that area as a city service area, and then also be allowed to take the two square miles because it would contribute to the flow and financial aspects of a viable sewer utility. However, if they continue to provide their own service, it does not make sense to continue to use funds for the sewer side. The issue still remains as to who will be able to service the growing western area. He noted they were in discussion with Global at the moment as a possible provider. Mayor Scruggs remarked they have had several other providers come forward with no success. She indicated that this agreement seems to be giving up the opportunity to not have to start from ground zero, especially now with the moratorium impact fee issue. She noted that to be able to expand on something 21 that has already been started would be less costly than starting over. She stated she had spoken with the Mayor of Surprise and expressed her concerns. She asked if Mr. Reedy had negotiated the agreement. Mr. Reedy replied, no. Mayor Scruggs asked if Glendale expanded development to the west and wanted to use the existing infrastructure, would it all have to flow to the Surprise treatment plant. Mr. Reedy stated she was correct. She asked if Surprise's treatment plan was part of the IGA. Mr. Reedy stated yes, on a temporarily basis. Mayor Scruggs reiterated her concerns and added that she believes they were giving away an asset without thinking clearly. Mr. Reedy explained that from a technical point, being able to start up the plant having these two square miles was beneficial; however, it was also possible to start up a plant without this asset as many other cities have done. Mayor Scruggs commented that it was unfortunate, but sometimes cities do not always work well together. She asked Mr. Reedy if he had any other comments. Mr. Reedy indicated that ultimately, there was always an answer to all the technical questions and this deal was doable if that's what the Council was willing to do. Vice Mayor Martinez asked if Surprise will be able to handle the Wolf annexation's capacity when it moves forward and they start building. Mr. Reedy stated that the agreement was only for the two square mile annexation. Mayor Scruggs asked Mr. Tindall if Surprise made this agreement on the condition that Glendale gave up the rights to be able to take control of the sewer infrastructure in the future. Mr. Tindall suggested that since technical issues could not be addressed, he recommends tabling this item until the technical issues are resolved. He added Surprise had not provided any conditions on this matter and recommends for staff to go back and address this issue. Mayor Scruggs stated she would feel more comfortable if they addressed this issue before moving forward. She noted she could not support it as it currently stands. Mr. Tindall stated that because there was no motion on the table, it will be pulled administratively and will be brought back at a later time. Mayor Scruggs agreed. Resolution No. 4283 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN AMENDMENT TO THE 2004 INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SURPRISE REGARDING THE PROVISION OF SEWER SERVICE TO THE PROJECTS KNOWN AS CORTESSA AND WHITE TANK FOOTHILLS LOCATED WITHIN GLENDALE'S STRIP ANNEXATION AREA. Item number 13 was pulled administratively and no motion was entertained. It was moved by Clark, and seconded by Lieberman, to adopt and approve Resolution 4281, an Intergovernmental Agreement with Maricopa County Department of Health for Childhood Immunization Services and Resolution 4282, Amendment Number Two to the Arizona Tourism and Sports Authority Intergovernmental Agreement as modified in discussion. The motion carried unanimously. 22 PUBLIC HEARING—LAND DEVELOPMENT ACTIONS 16. REZONING APPLICATION ZON09-01 (ORDINANCE): CITY OF GLENDALE PARK AND RIDE LOT- 7111 NORTH 99TH AVENUE—(PUBLIC HEARING REQUIRED) Jon M. Froke, AICP, Planning Director, presented this item. This is a request for the City Council to approve a Planning Commission initiated rezoning of city-owned land from A-1 (Agricultural) to PAD (Planned Area Development). The property is located on the northeast corner of 991" and Glendale avenues. The property is currently zoned A-1 and the General Plan designations are PC (Planned Commercial) and BP (Business Park). The rezoning request is intended to bring the zoning of the property into conformance with the city's General Plan and the Western Area Plan. Approval of this zoning change would result in a zoning district that most closely matches the underlying land use and intent of the General Plan. Additionally, the rezoning supports the Council goal of creating one community with strong neighborhoods by providing the ability for future mixed-use development at this location, which will provide for incidental commercial sales and employment opportunities. The City of Glendale owns and operates the existing Park and Ride Lot located on the 22.2 acre site. This rezoning case was initiated by the Planning Commission on June 4, 2009, and was recommended for approval on June 18, 2009. This action will ensure the preservation of this property's current use as a Park and Ride Lot by strengthening the relationship between the Zoning Map and the General Plan. A public notice for the City Council hearing was published in The Arizona Republic on June 3, 2009, and The Glendale Star on June 4, 2009. Informational postcards were mailed out to individuals on Glendale's Citywide Interested Parties List on June 3, 2009. No citizens expressed concerns regarding the project during the citizen participation process. The recommendation is to conduct a public hearing, waive reading beyond the title and adopt an ordinance for rezoning application ZON09-01 as recommended by the Planning Commission. Ordinance No. 2686 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, REZONING PROPERTY LOCATED AT 7111 NORTH 99`" AVENUE FROM A-1 (AGRICULTURAL) TO PAD (PLANNED AREA DEVELOPMENT) FOR DEVELOPMENT PLAN TITLED "GLENDALE PARK AND RIDE PLANNED AREA DEVELOPMENT"; AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE. 23 Mayor Scruggs opened the public hearing on Agenda Item No. 16. As there were no comments, Mayor Scruggs closed the public hearing. It was moved by Clark, and seconded by Goulet, to approve Ordinance No. 2686 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members voting "nay": none. ORDINANCES 17. GLENDALE CITY CODE CHAPTER 13 REVISIONS Elizabeth Finn, Presiding Judge, presented this item. This is a request for City Council to adopt an ordinance amending provisions of the City Code contained in Chapter 13, Articles I and III. The City Code Articles concern appointment, removal and terms of judges pro tempore and court hearing officers. The Articles also address powers and duties of the Judicial Selection Advisory Board (JSAB) and the Special Judicial Officer Selection Committee (SJOSC). The proposed ordinance amendments are administrative in nature, and do not alter any current City business practices. The recommendations comply with Administrative Orders from the Arizona Supreme Court. This item addresses the City Council strategic goal of one community with high quality services for citizens. These revisions strengthen the City Code to increase transparency on the roles and responsibilities of city judicial officers and their related boards and committees. City Code currently states the JSAB may recommend to the Presiding Judge candidates for appointment as judge pro tempore. The appointments for judge pro tempore are actually made by the Presiding Judge upon recommendations from the SJOSC, as required by an Arizona Supreme Court Administrative Order. City Code currently addresses terms for judges pro tempore, but not for court hearing officers. Criteria for the removal of court hearing officers and judges pro tempore is also currently absent from City Code. This recommendation seeks to correct these and other technical discrepancies. These changes do not alter or remove any authority currently held by City Council. During a June 16, 2009 City Council workshop, policy guidance was provided on the Chapter 13 City Code revisions. Staff was directed to bring this item forward on the current business voting agenda. On February 12, 2002, City Council adopted revisions to Chapter 13, Articles I and III, to create the Judicial Selection Advisory Board and Court Hearing Officer. The recommendation is to waive reading beyond the title and adopt an ordinance amending Chapter 13, Articles I and III of the Glendale City Code concerning the appointment, removal and terms of judges pro tempore and court hearing officers, as well as the powers and duties of the Judicial Selection Advisory Board (JSAB) and the Special Judicial Officer Selection Committee (SJOSC). 24 Ordinance No. 2687 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING GLENDALE CITY CODE CHAPTER 13, ARTICLES I AND HI RELATING TO THE REMOVAL, TERMS AND APPOINTMENT OF JUDGES PRO TEMPORE AND COURT HEARING OFFICERS; CREATING A SPECIAL JUDICIAL OFFICER SELECTION COMMITTEE; MODIFYING THE POWERS AND DUTIES OF THE JUDICIAL SELECTION ADVISORY BOARD; AND SETTING FORTH AN EFFECTIVE DATE. It was moved by Goulet, and seconded by Knaack, to approve Ordinance No. 2687 New Series. Motion carried on a roll call vote, with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members voting "nay": none. 18. RECOGNITION OF PRIOR EXTENSION OF THE CITY OF GLENDALE'S INTERIOR BOUNDARIES Craig Tindall, City Attorney, presented this item. This is a request for City Council to adopt an ordinance acknowledging the invalidity of the City of Glendale's attempt to abandon the annexation of Annexation Area No. 137, which is within the exterior boundaries of the City between Northern and Glendale avenues and bounded by 95th Avenue on the west and the 97th Alignment on the east. The City's General Plan, which has from its initiation included Annexation Area No. 137, sets forth specific goals addressing the need for growth management. These goals include promotion of sound growth management methods and managing growth to achieve reasonable, responsible urban development and protection of critical City assets, such as the Glendale Airport and Luke Air Force Base. Annexation has been a valuable method of directing and managing growth in a manner most beneficial to City, its citizens, and surrounding communities. On November 27, 2001, the City Council adopted and approved Ordinance No. 2229, New Series, annexing the territory located within the City's exterior boundary in the vicinity of 91st and Northern avenues. The annexation area was titled, "Annexation Area No. 137" and was annexed in accordance with Arizona Revised Statutes Sec. 9-471, et seq. On November 28, 2002, the City Council adopted and approved Ordinance No. 2258, New Series, ostensibly seeking to repeal Ordinance No. 2229, New Series, and abandon its attempt to annex Annexation Area No. 137. No authority, however, was granted to the City to abandon an annexation ordinance and, as a result, Ordinance No. 2229, New Series is a nullity. On October 1, 2001 the City of Glendale filed in the Maricopa County Recorder's Office a blank petition requesting annexation. On November 16, 2001, the annexation petition signed by the owners of one-half or more in value of the real and personal property and more than one-half of the persons owing real and personal property was recorded with the Maricopa County Recorder's Office. 25 On November 27, 2001, Council adopted and approved Ordinance No. 2229, New Series, extending and increasing the interior boundaries of the city to incorporate Annexation Area No. 137. On December 27, 2001, Ordinance No. 2229, New Series, in accordance with Arizona Revised Statute § 9-471, became final. On May 28, 2002, Council attempted to invalidate the annexation by passage of Ordinance No. 2258, New Series, which and exceeded the authority of annexation granted to the City by statute and was, therefore, a nullity. Recognition of the effectiveness of the City's extension of the interior boundaries of the City requires any future development of this area meet the Glendale General Plan requirements as well as all other development standards for the City of Glendale. The city will benefit by assuring this area will remain within the city's jurisdictional control consistent with the city's responsibility for all municipal infrastructure servicing the area and the city's need to protect the city's federally-funded, general reliever airport from air space encroachment that may impact operations or collaterally impact the mission of Luke Air Force Base. On October 30, 2001 a public hearing was held to discuss the annexation proposal. The public hearing was held in accordance with applicable state law. The recommendation is to waive reading beyond the title and adopt an ordinance acknowledging that the City of Glendale's attempt to abandon the annexation of Annexation Area No. 137 was a nullity and declaring that the interior boundaries of the City of Glendale were extended to incorporate Annexation Area Number 137 upon the effective date of Ordinance 2229, New Series. Councilmember Clark asked what area this annexation covered. Mr. Craig Tindall, City Attorney, stated it covered 95th Avenue on the west, 87th Avenue on the east, and ran between Northern and Glendale Avenues. Ordinance No. 2688 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACKNOWLEDGING THE INVALIDITY OF THE CITY OF GLENDALE'S ATTEMPT TO ABANDON THE ANNEXATION OF ANNEXATION AREA NO. 137 LOCATED BETWEEN NORTHERN AND GLENDALE AVENUES, BOUNDED BY 95TH AVENUE ON THE WEST AND THE 87TH ALIGNMENT ON THE EAST; AND DECLARING AN EMERGENCY. It was moved by Clark, and seconded by Frate, to approve Ordinance No. 2688 New Series. Motion carried on a roll call vote,with the following Councilmembers voting "aye": Clark, Goulet, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members voting "nay": none. RESOLUTIONS 26 19. GOVERNOR BREWER'S PROPOSED FY 2009-10 STATE BUDGET Jessica Blazina, Intergovernmental Programs Director, presented this item. This is a request for City Council to adopt a resolution supporting Governor Brewer's proposed FY09-10 state budget. Governor Brewer's proposed FY09-10 budget proposes keeping municipalities whole in funding levels. The proposed budget does not recommend a reduction in shared revenue distributions or reductions in other fund sources. This request addresses the Council goals of a city that is fiscally sound and a city with high quality services for citizens. Governor Brewer's proposed FY09-10 budget does not rely on resources allocated to local government to balance the state budget shortfall. The League of Arizona Cities and Towns Executive Committee adopted a resolution supporting Governor Brewer's proposed FY09-10 budget on June 3, 2009. Governor Brewer's proposed budget allows cities and towns to keep shared revenue distributions at the current funding level. This is imperative as the City of Glendale relies on this important revenue when structuring its own budget for the upcoming fiscal year. By constitution, the Legislature must pass and the Governor must sign a budget by the end of the fiscal year, June 30. By supporting this resolution, the City of Glendale encourages the Legislature to work with the Governor to reconcile the state budget by keeping cities and towns whole and doing so by June 30, 2009. Governor Brewer's proposed FY09-10 budget was discussed at the June 16, 2009 Council Workshop. Governor Brewer's proposed FY09-10 budget proposes to keep revenue distributions to cities at the current levels. This allows the city to continue to provide high quality services to the community while also allowing the city to operate in a fiscally sound manner. The recommendation is to waive reading beyond the title and adopt a resolution supporting Governor Brewer's proposed FY09-10 budget. Mayor Scruggs asked Ms. Pam Hanna, City Clerk, to read the entire resolution so the public knows what the Council was supporting. Resolution No. 4286 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, IN SUPPORT OF GOVERNOR JAN BREWER'S FY 2009-10 BUDGET PROPOSAL. Mr. Leonard Clark, an El Mirage resident, stated he strongly supports this resolution. He indicated he was proud to be a democrat; however, at the moment they needed to set aside politics and work together to pass a budget that will work for the people of this state. He added there was still time to work on a solution together. 27 It was moved by Frate, and seconded by Knaack, to pass, adopt and approve Resolution No. 4286 New Series. The motion carried unanimously. PUBLIC HEARINGS 20. FISCAL YEAR 2009-10 PROPERTY TAX LEVY HEARING Sherry Schurhammer, Management and Budget Director, presented this item. This is a request for City Council to conduct a public hearing on the proposed FY 2009-10 property tax levy. The primary property tax rate will change from $0.2432 to $0.2252 per $100 of assessed valuation for FY 2009-10. The secondary property tax rate will be adjusted from $1.3519 to $1.3699 per $100 of assessed valuation for FY 2009-10. The total property tax rate will remain unchanged at $1.5951, which is the same total rate in effect for FY 2008-09, Adoption of the FY 2009-10 property tax levy must occur at least two weeks after adoption of the FY 2009-10 budget that is scheduled for June 23, 2009. Therefore the adoption of the FY 2009-10 property tax levy is scheduled for August 11, 2009. The setting of the property tax rate for FY 2009-10 is consistent with the Council's goal of a city that is fiscally sound. Arizona state law requires Council to set the property tax levy by the third Monday in August. Arizona's property tax system consists of two tiers. The primary property tax levy has state- mandated maximum limits, but it can be used by a city for any purpose. The primary property tax revenue is included in the General Fund's operating budget. The secondary property tax levy is not limited, but it can be used only to retire the principal and interest on a municipality's bonds. The secondary property tax revenue funds the city's capital improvement plan. All Truth in Taxation requirements of A.R.S. 42-17107 have been met. A Truth in Taxation hearing is not required. The FY 2009-10 preliminary budget was presented to Council on June 9, 2009. Council also conducted a public hearing on this item and adopted a resolution that included setting June 23, 2009, as the date for a public hearing on the property tax levy. The fourth budget workshop occurred on April 29, 2009. Wrap up information regarding the proposed FY 2010 operating budget and proposed options for the FY 2010-19 Capital Improvement Plan(CIP) were addressed at this workshop. The third budget workshop occurred on April 7, 2009. Information regarding employee matters was presented and decisions were confirmed regarding the recommended operating budget and rate recommendations for the water, sewer, sanitation, and landfill enterprise funds, both of which were presented in earlier budget workshops. 28 The second budget workshop occurred on March 31, 2009. The recommended 10-year CIP and enterprise fund rate recommendations were presented and discussed. The first budget workshop occurred on March 24, 2009. The recommended operating budget for FY 2010 was presented and discussed. The Budget Workbook containing the City Manager's recommended budget for FY 2009-10 was delivered to the Mayor and Council on Friday, March 13, 2009. A copy of the FY 2010 City Manager's recommended budget also was available on the city's website, glendaleaz.com. Glendale's budget is an important financial, planning and public communication tool. It gives residents and businesses a clear and concrete view of the city's direction for public services, operations, and capital facilities and equipment. It also provides the community with a better understanding of the city's ongoing needs for stable revenue sources to fund public services, ongoing operations and capital facilities and equipment. The budget provides Council, residents and businesses with a means to evaluate the city's financial stability. The tentative budget book for FY 2009-10 and the corresponding council communication were posted publicly for the June 9, 2009, evening meeting per state requirements. All spring 2009 budget workshops were open to the public and were posted publicly per state requirements. The Budget Workbook provided to Council for the budget workshops also was posted publicly as part of the agenda packet for the budget workshops. Public notices were printed in the June 11 and 18, 2009 issues of The Glendale Star regarding the date, time and location for the public hearings regarding the FY 2009-10 final budget and the FY 2009-10 property tax levy as well as the date for adoption of the property tax levy. It is estimated that the FY 2009-10 primary property tax rate will generate approximately $4.2 million and the FY 2009-10 secondary property tax rate will generate approximately $29.2 million for a total of approximately$33.4 million. The recommendation is to conduct a public hearing on the FY 2009-10 property tax levy including the primary property tax rate at $0.2252 per $100 of assessed valuation and the secondary property tax rate at $1.3699 per $100 of assessed valuation, for a total property tax rate of$1.5951. Adoption of the FY 2009-10 property tax levy is scheduled for the August 11, 2009, City Council meeting. Mayor Scruggs commented on a part of the legislator's budget bill that makes a major policy change and shifts the assessment ratio for commercial property and drops it more than 50%. She referred to a memo from Ms. Sherry Schurhammer, Management and Budget Director, that there would need to be an increase in the property tax rates to meet the current debt already in place since the drop in assessment on the commercial side would cut their revenue. She asked if this was accurate. Ms. Schurhammer stated she was correct and added that with the proposed change in assessment ratio for commercial property, it will cause a $5.7 million decline in the secondary property tax revenue. As a result, a six to nine cent rates increase, in the secondary property tax 29 is needed to cover the existing debt service. Mayor Scruggs asked how this would be done procedurally since they were going on summer break and may need to change the rate based on an action taken by the state legislature. Ms. Schurhammer stated the deadline was the 3`d week in August. Mayor Scruggs remarked that Ms. Schurhammer will work on a calendar on this issue once the legislature makes a decision. Mayor Scruggs opened the public hearing on Agenda Item No. 20. As there were no comments,Mayor Scruggs closed the public hearing. 21. FISCAL YEAR 2009-10 FINAL BUDGET ADOPTION HEARING Sherry Schurhammer, Management and Budget Director, presented this item. This is a request for the City Council to review the proposed FY2009-10 final budget, conduct a public hearing on the final budget and convene a special meeting to adopt a resolution formally approving the final operating, capital, debt service, and contingency appropriation budget. Arizona state law requires the governing board of cities, towns and counties to conduct a public hearing and then convene a special meeting to adopt a resolution approving the final annual budget. The regular evening meeting does not need to be adjourned to convene and conduct the special meeting required for the budget adoption. This item incorporates the Council's Strategic Goals while ensuring the city's financial stability by presenting realistic analyses about the provision of city services and future revenue expectations. The Mayor and Council's Strategic Goals continue to serve as the foundation for the recommended budget even as we manage operations through the economic downturn. Council approval of the budget will set the maximum level of expenditures for FY 2009-10. Adjustments and reallocation of appropriation authority may be made after adoption of the budget, but the total amount of appropriation cannot be increased. A series of Council budget workshops were conducted in March and April 2009 to review the proposed FY 2009-10 budget for revenues and expenditures. While the current economic environment has created challenges, the City of Glendale enters FY 2009-10 in a good financial position. This position is a result of judicious management of limited city resources over the past several years as well as during the current economic downturn. This position also is a result of strategic infrastructure and other economic development-related investments in the community over the last several years. Consequently, the city's FY 2009-10 budget continues to provide resources to maintain high quality city services while moving forward with strategies that ensure a positive, sustainable future. The FY 2009-10 operating and capital budgets are based on council's continued vision of'one community' and the supporting strategic goals that Council reconsidered at a December 2008 retreat: 30 • One community that is fiscally sound, • One community with strong neighborhoods, • One community committed to public safety, • One community with quality economic development, • One community with a vibrant city center, • One community with an active partnership with Luke Air Force Base, and • One community with high quality services for citizens. The recommended budget reflects the constrained and tough economic conditions the nation currently faces. Even so, the overall intent of the FY 2009-10 budget is to continue providing exceptional city services that support a high quality of life for the entire Glendale community. The recommended budgets also reflect continued investment in the community's infrastructure based on Council's prudent direction. The strategy for steering the city through the economic downturn is a phased approach intended to balance the budget and think beyond the current recession in order to position the city for future success. This strategy's focus is to: • maintain essential services based on sound business decisions that reflect customer demand and efficient processes, • minimize impacts to the public, • communicate effectively with employees and the public regarding the city's response to the current economic challenge, and • avoid layoffs. A series of steps comprise the phased budget strategy. They are designed to attain a fiscally responsible budget and not severely diminish the valuable services the city's employees provide to the community. Employees are the city's most valuable resource and they represent about 70% of the city's General Fund (GF) operating budget. A municipality is a service organization, and knowledgeable, skilled employees are essential to providing quality services to our residents and businesses. Therefore, layoffs were not implemented in FY 2008-09 and are not part of the recommended FY 2009-10 budget. Several steps were undertaken during FY 2008-09. The next steps will be undertaken with the start of FY 2009-10. The FY 2009-10 GF operating budget has a$14.4 million shortfall between ongoing revenue and ongoing expenses that is balanced through a mix of one-time and ongoing measures. The ongoing measures include the 6% ongoing, non-salary budget reductions implemented in FY 2008-09 plus a 15% ongoing, non-salary reduction with the start of FY10. The Police and Fire Departments were not subjected to these base budget reductions but will see the implementation of ongoing, non-salary reductions that average 5.4%. In addition, their operating budgets were reduced to match decreases in public safety sales tax revenues. Additional balancing measures to be done administratively include the following one-time steps: • continuing the current hiring freeze, 31 • leaving unfilled those positions that become vacant as a result of retirements, • implementing a mandatory furlough program for employees across all funds (except represented employees in police and fire) that equates to 104 hours over 12 months, • restructuring leases to defer principal payments, and • deferring various compensation-related features for represented employees in police and fife. In an effort to recognize and reward those employees who stepped up in FY 2008-09 by volunteering up to 32 hours of furlough, credit will be given for those hours during FY 2009-10. Staff also negotiated a contract extension for health care services with no increase in cost or changes in service levels. Other balancing measures required Council policy consideration and guidance were provided during the spring 2009 budget workshops to proceed with their implementation for FY 2009-10. One measure involves revenue enhancements related to digital marquee advertising equipment. In March 2009, Council approved a resolution authorizing staff to begin negotiations for a digital marquee placement license agreement. New revenue for the GF is expected in FY 2010 as a result of these negotiations. The other measure involves approval of a one-time transfer from the Arts Fund. This transfer is included in the FY 2009-10 tentative budget document in Schedule 4. This transfer will leave funds available for any public art projects that might be needed in the near-term future and has no impact on current projects. Even with the budget reductions and other expenditure management measures, employees will remain focused on implementing City Council's strategic goals. The provision of exceptional city services will continue as well as collaborative, innovative efforts to: • strengthen neighborhoods, • ensure Glendale is a safe community, • retain and attract quality economic development opportunities, • foster sustainable downtown development, and • continue the dedicated partnership with Luke Air Force Base. The FY 2009-10 tentative operating, capital, debt service, and contingency appropriation budget was presented to Council on June 9, 2009. Council adopted a resolution accepting it and gave notice of public hearings for the final budget and property tax levy for June 23, 2009 as well as for the later adoption of the property tax levy. The fourth budget workshop occurred on April 29, 2009. Wrap up information regarding the proposed FY 2009-10 operating budget and proposed options for the FY 2010-19 Capital Improvement Plan(CIP) were addressed at this workshop. The third budget workshop occurred on April 7, 2009. Information regarding employee matters was presented and decisions were confirmed regarding the recommended operating budget and 32 rate recommendations for the water, sewer, sanitation, and landfill enterprise funds, both of which were presented in earlier budget workshops. The second budget workshop occurred on March 31, 2009. The recommended 10-year CIP and enterprise fund rate recommendations were presented and discussed. The first budget workshop occurred on March 24, 2009. The recommended operating budget for FY 2009-10 was presented and discussed. The Budget Workbook containing the City Manager's recommended budget for FY 2009-10 was delivered to the Mayor and Council on Friday, March 13, 2009. A copy of the FY 2009-10 City Manager's recommended budget also was available on the city's website, glendaleaz.com Glendale's budget is an important financial, planning and public communication tool. It gives residents and businesses a clear and concrete view of the city's direction for public services, operations, and capital facilities and equipment. It also provides the community with a better understanding of the city's ongoing needs for stable revenue sources to fund public services, ongoing operations and capital facilities and equipment. The budget provides Council, residents and businesses with a means to evaluate the city's financial stability. The tentative budget book for FY 2009-10 and this council communication were posted publicly per state requirements. All budget workshops were open to the public and were posted publicly per state requirements. The Budget Workbook provided to Council for the budget workshops also was posted publicly as part of the agenda packet for the budget workshops. The annual budget (all funds) for the city is divided into four major components that include all appropriations for the city. The total budget, including all four components, is $775 million for FY 2009-10. The four components and their respective total amounts for FY 2009-10 are as follows (difference with sum of components due to rounding): • The operating budget finances the day-to-day provision of city services and totals $341.3 million. • The capital improvement budget funds the construction and repair of city assets including roads, public amenities and other infrastructure throughout the city. The capital improvement budget totals $291.6 million. • The debt service budget is used to repay money borrowed by the city, primarily for capital improvements, and amounts to $80.6 million. The final component of the budget is the contingency appropriation, which is made up of fund reserves and is available to cover emergency expenses or revenue shortages should they arise during the fiscal year. The contingency appropriation for this fiscal year totals $61.6 million. 33 The recommendation is to conduct a public hearing on the proposed final budget and then convene in a special meeting, waive reading beyond the title, and adopt a resolution approving the FY 2009-10 final budget. Mayor Scruggs opened the public hearing on Agenda Item No. 21. Mr. Leonard Clark, and El Mirage resident, thanked the Mayor and Council for their hard work and support in trying to achieve a balanced budget. He also thanked city staff for all their work. Mayor Scruggs closed the public hearing. SPECIAL BUDGET MEETING (TO ADOPT FY2009-10 FINAL BUDGET) was convened. Mayor Scruggs asked for comments from the Council on the final budget. Councilmember Clark stated she wanted to take the time to thank every employee in the City of Glendale. She remarked how much the Council appreciated their dedication and sacrifice to the city. She noted they had many early retirements, and as a result, were losing a great deal of institutional memory and this was a major blow to any city. She also thanked the police and fire unions for their willingness to forgo some concessions during this budget crisis. She explained she will be supporting this budget even if there were still unanswered questions regarding the state budget. However, she will not support the $12 million that is advocated for the city courthouse. She believes they have"gutted"a five year capital improvement program to meet the needs of a courthouse that was over planned and over billed. She believes that a new courthouse is needed; however, this has been a very extravagant project from the start with the price tag of over $40 million. She added this was not acceptable at a time when the economy was not good. She stated there were many positive elements in this budget and thanked staff for their innovation and vision. She indicated that they had done a great deal to save the city's budget in a time when other cities were taking great hits. Councilmember Goulet remarked this had been one of the most difficult budgets he has seen in several years. He thanked Mr. Ed Beasley, City Manager, Pam Kavanaugh, Assistant City Manager, Mr. Craig Tindall, City Attorney, and all staff and department heads. He stated they had made many sacrifices for the betterment of the city. He thanked them for their innovation and planning. He also thanked the unions that contributed to the welfare of the city. He added the city will rise again; however, the process might be hard and difficult at first. He added Glendale had proven that anything which appears to be a risk has been well thought out and planned by staff to make a community a better community. Councilmember Lieberman remarked that he agreed with both Councilmember's Clark and Goulet comments. He stated they had said it beautifully and had covered that entire issue regarding the budget. He also thanked staff for all their work and willingness to work with the Council in balancing the budget. He noted he was still concerned with what will come out of the state legislature; however, Glendale will come out above it. 34 Vice Mayor Martinez stated he agreed with all that has been said so far except for Councilmember Clark's comment on the courthouse. He thanked the city staff including his colleagues on the Council for the work on the budget. He noted that although they do not always agree, overall the Council has been fiscally conservative and responsible. He commented that the courthouse had been in the planning for years and was not an extravagance, but a building that was deeply needed. He added anyone who visits the current courthouse can see that a new one was greatly needed. Councilmember Frate thanked city staff, including every employee in the City of Glendale for helping balance the budget. He stated the employees were the ones who represented the city and were also the ambassadors. He also thanked the unions for their contribution. Councilmember Knaack also thanked staff and management for all their hard work on the budget. She stated it was truly amazing how the city was able to work on this issue while still running an efficient city. She also commented on staff accepting the furlough days if it meant saving someone's job. She urged the public to contact their legislators to express their views on the state budget and not let them pass a budget on the backs of cities and towns. Mayor Scruggs agreed with the comments from the Council, except the negative comment on the courthouse by Councilmember Clark. She reiterated Councilmember Knaack's comment on contacting the legislature to voice their concerns. She remarked this was not only the state legislature wanting to take money from cities and towns, but she had read more on the moratorium impact fee issue. The issue went beyond having a moratorium for three years. It also reduces the types of infrastructure and the fees collected. She said under this bill, they can collect impact fees from a fire station, but not from anything else that goes in it. She stated they had been required to have an infrastructure improvement study done in order to have any changes to their impact fees. However, under this bill, the study was only good for one year and • took longer than a year to compile. Mayor Scruggs also thanked staff for all their work on the budget. She stated that people at times thought it was an easy job; however, the job was very difficult, especially with the economy today. She thanked the police and fire unions for the concessions they had made. She commented that many articles had been written about what the fire department had given up, however, wanted to express her appreciation for the police department for all they had done to help in the balancing of this budget. It was moved by Martinez, and seconded by Frate, to adopt the Fiscal Year 2009-10 Final Budget. The motion carried unanimously. ADJOURN SPECIAL BUDGET MEETING AND RECONVENE REGULAR COUNCIL MEETING REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Martinez, and seconded by Frate, to vacate the July City Council Meetings and Workshops. It was further moved to hold a Special Council Workshop Session on Tuesday, August 18, 2009, at 1:30 p.m. in room B-3 of the City Council Chambers, to be followed by an Executive Session pursuant to A.R.S. 38-431.03. It was 35 additionally moved to hold the next regularly scheduled City Council Meeting on Tuesday, August 11, 2009 at 7:00 p.m. in the City Council Chamber. The motion carried unanimously. CITIZEN COMMENTS Mr. Leonard Clark, an El Mirage resident, stated his concerns on the state budget. He believes there was a type of reign of terror occurring in the state. He indicated both sides needed to work together on this tough economy and should not destroy the government by extremism. He also asked for the city to set up a foundation to raise money to construct a memorial for those who have given their lives in the service of the city. He noted he supports having the Coyotes stay in Glendale and asked for their help. Mr. Bill Demski, a Sahuaro resident, referred to an article in the paper of the fire department giving up $600,000 in uniform allowances and pension contributions. He explained that at the same time, his daughter, a school teacher, received a notice informing her of a$4000 pay reduction. He stated he has worked for the city of Glendale for 17 years and has seen an unbelievable amount of waste and mismanagement. He indicated he had predicted that Glendale's house of cards would come crashing down and it was already happening. He cited gross negligence on raise increases that were given last year when the economy was going bad, as well as the rehiring a civilian police employee by the police department with a pension of $80,000 and a salary of$120,000. He explained his pension for 23 years with the city was only $15,000. He related a story about a handicap person not having access to a lane in need of repair. He explained it took a week and four phone calls to remedy the situation. He remarked he has seen total mismanagement by the city manager. He noted the city manager made over a quarter of a million dollars, including a car allowance, while his property tax increased 74%. He stated that much of the blame was on the exorbitant salaries Glendale has permitted. He remarked that several years back, he had come to Council to provide details of some illegal activities he had seen, however, nothing was ever done. Mr. Dan Hileman, a Sahuaro resident, stated he was in Councilmember Frate's district and was proud of it. He remarked it must have been difficult for the Council to cancel the 4`h ofJuly celebration; however, cuts must be made. He appreciated the Council's decisions in handling the city in these hard times; especially when the state is not fugal and they were now paying for their problems. He noted he enjoyed seeing Mayor Scruggs quizzing the staff on the three items she pulled. He stated this was a time when they should be very concerned and prudent on the things the city will be paying out. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark commented on two major issues that had her concerned. She stated one was the state budget and the other was the turmoil in Iran. She stated she was very grateful for the freedom they had here in the United States. She cited the many people holding demonstrations for the very same freedom that they often take for granted and don't appreciate. She stated the turmoil in Iran teaches them to be thankful for the county in which they live. 36 Councilmember Goulet encouraged citizens to contact their representatives and voice their views on the state budget and the impact it could have on the communities they live in. Councilmember Lieberman wished everyone a safe and joyous 4`h of July. He stated that when they think of the 4th of July, they should think of the freedom they assume. They should not forget they have to continue to work towards keeping it and respect the way they got it. Vice Mayor Martinez commented that Glendale had one of the best park systems in the state and prides itself on its organization and was saddened to see this vicious act of vandalism. He indicated that on June 12, 2009, the Utopia Park at 72" and Utopia Avenue was vandalized to the extent of$120,000. He explained there was a reward by Silent Witness for any information on this act of violence. Councilmember Frate commented on storm drain repair work on Northern Avenue from 47'h to 63rd Avenue starting in July. Restrictions would include limiting traffic to one lane in each direction and temporary no left turns along the construction route. He explained this was a large project previously planned with several million dollars that will be used for the city's infrastructure. He discussed the monsoon season and the precautions people should take. And as always, he reminded everyone to please watch children around water. Councilmember Knaack wished everyone a safe and fun summer. She also encouraged everyone to purchase windshield wipers as a precaution for the monsoon season. She mentioned why the city canceled the fireworks display and explained the budget situation. She will miss it; however, they hope to bring it back next year. She indicated that like Councilmember Frate's safety reminders, she would also like to remind everyone that it was the law to put kids in booster and car seats since it was for their own safety. Mayor Scruggs commented on the 4th of July Firework cancelation and how she had received a number of calls from people who were very rude and offensive in regards to how they felt about the Council's decision. She explained that in her view, this would be a gross mismanagement of funds at this particular time. This event would be shooting fireworks up in the air for thirty minutes at a cost of$50,000. She directed staff to put together a list of the many Independence Day Celebrations being held around the city. She added this day was to celebrate what it means to be an American. It was also to celebrate all the people who fought to ensure our freedom. This should not be about shooting up fireworks in the air and spending a lot of money. She said there were many other ways to celebrate the 4th. She suggested putting the list of the celebrations around the city on the city's web sites. She wished everyone a safe summer and stated they will be back in six weeks, after the summer break. ADJOURNMENT There being no further busine :, the mee 'ng was adjourned at 9:20 p.m. Pamela anna- City Clerk 37