HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/9/2009 `PLEASE NOTE: Since the Glendale City Council does not take formal action at
the Workshops, Workshop minutes are not approved by the City Council.
MINUTES
CITY OF GLENDALE
CITY COUNCIL WORKSHOP
MARCH 3, 2009
PRESENT: Vice Mayor Manuel D. Martinez, and Councilmembers Joyce V.
Clark, David M. Goulet, Yvonne J. Knaack, and H. Phillip
Lieberman
ABSENT: Mayor Elaine M. Scruggs and Councilmember Steven E. Frate
ALSO PRESENT: Ed Beasley, City Manager; Pam Kavanaugh, Assistant City
Manager; Craig Tindall, City Attorney; and Pamela Hanna, City
Clerk
1. 2009 STATE LEGISLATIVE UPDATE AND 2009 FEDERAL LEGISLATIVE
UPDATE
CITY STAFF PRESENTING THIS ITEM: Jessica Blazina, Intergovernmental Programs
Director; Jenna Goad, Intergovernmental Programs Coordinator; and Ryan Peters,
Intergovernmental Programs Coordinator
This is a request for the City Council to provide guidance on proposed state legislation,
consistent with the 2009 state legislative agenda; and to also provide a 2009 federal
legislative update.
The purpose of the federal and state legislative agendas is to affect federal and state
legislation and regulations as they relate to the interests of the city and its residents.
The 2009 state and federal legislative agendas provide the policy framework by which
Intergovernmental Programs staff engages on state and federal legislative issues.
Throughout the 2009 legislative sessions, policy direction will be sought on proposed
statutory changes which fall under the adopted Council policy statements relating to the
financial stability of the city, public safety issues, promoting economic development,
managing growth and preserving neighborhoods.
The Intergovernmental Programs staff recommends prioritizing the state legislative
agenda to a few key issues to allow the city to have a stronger, more consistent
message on the items of greatest priority.
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The legislative agenda defines the city's priorities for the upcoming session and will
guide the city's lobbying activities at the Arizona State Legislature. The
Intergovernmental Programs staff will update the Council on a regular basis throughout
the session for guidance on bills and amendments that may be introduced. The city's
legislative agenda is a flexible document and may change, based on activities at the
Legislature and Council direction.
The Intergovernmental Programs Department has conducted a city-wide assessment of
potential federal funding opportunities to be included in the 2009 Federal Legislative
Agenda. Based on this assessment, staff recommends pursuing federal funding
opportunities, including grant opportunities, line-item appropriations and earmarks.
On February 3, 2009, the Intergovernmental Programs department presented the 2009
State Legislative Update.
On January 20, 2009, the Intergovernmental Programs department presented the 2009
State Legislative Update and 2009 Federal Legislative Update.
The priorities and principles of Glendale's 2009 state legislative agenda provide the
venue for the city to identify and engage on state legislative issues. The key principles
of the state legislative agenda are: to preserve and enhance the city's ability to deliver
quality and cost-effective services to citizens and visitors; to address quality of life
issues for Glendale residents, and to enhance the City Council's ability to serve the
community by retaining local decision making authority and maintaining state legislative
and voter commitments for revenue sources.
Development of a 2009 federal legislative agenda provides the venue for the city to
identify and engage on federal issues of concern to the community, which will enhance
the ability of the city to deliver superior services and to address quality of life issues for
the residents of Glendale.
Staff is requesting the Council to provide policy guidance on the proposed state
legislative issues and federal legislative program development.
Ms. Blazina provided a brief overview of today's updates. The Intergovernmental
Program staff will provide an update on the state legislative process including an
overview of the sessions to date, and the stimulus package. She stated that today
marked the 51st day of the 2009 legislative session. She commented that things were
still moving at a slow pace and although there have been several bills introduced, the
Senate was still holding firm in their resolve not to hear bills in committee until they have
addressed the fiscal year 2010 budget. Additionally, the House continues to hold
committee hearings and have begun floor debate on bills. However, because of the
Senate's position, no House bills have been forwarded to the Senate. She stated
budget discussions continue to occur and the House and Senate leadership continue to
meet together with the Governor's staff to discuss how best to address the anticipated
shortfall. Currently the state faces an approximately $3 billion dollar shortfall for the
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fiscal year 2010 budget. Additionally, legislative staff is waiting for the federal stimulus
bill to determine exactly what funding will be available for which programs and what
requirements will be tied to those funding streams. She indicated it was clear that
stimulus dollars will not be used for the operating budgets. She explained that
Governor Brewer was addressing the legislature in a joint session tomorrow where it is
anticipated she will discuss the possibility of a special election to potentially increase
taxes and to suspend some voter mandates relative to spending provisions. She stated
it was rumored an energy sales tax and a sales tax increase will be the most likely
candidates for the increase. The Governor has asked agency directors to recommend
an additional 20% reduction beyond those that were already enacted for the fiscal year
2009 fix. Agency directors have until March 6, 2009 to submit their recommendation.
Mr. Peters provided information on several bills that were going through the process.
He stated that House bill 2106, which prohibits photo radar on state highways, has
cleared its first legislative hurdle and is now ready to be debated by the full body of the
House. He stated there was an effort to amend the bill to ensure the prohibition does
not include local jurisdictions that maintain or operate state highways that run through
their respected jurisdictions. House bill 2465, Scrap Metal Thief Dealers, passed
through its first committee assignment and is now waiting to be heard in the second
committee before being debated by the whole body. Senate bill 1004, Motor Vehicle
Unlawful False Compartment, is a bill that attempts to provide law enforcement with
another tool to combat the smuggling of illegal items. House bill 2267, Municipalities,
Counties Fire Sprinkler Codes, prohibits counties and municipalities from adopting any
code or ordinance that either prohibits or requires the installation of fire sprinklers in a
single family detached residence. Senate bill 1232, Body Art Establishments' License,
requires the department of health services to license body art establishments by
January 1, 2010.
Vice Mayor Martinez inquired if this bill would require a parent be present if a minor
chooses to have this procedure done. Mr. Peters stated it would.
Ms. Blazina commented on the stimulus package and its intended result. She stated
that the basis of the plan was to stimulate job creation and growth, as well as increase
investment and capital projects. She explained that the Intergovernmental Program
Department is working closely with the Federal Consulting Regional Agencies and city
staff to be able to react quickly when the funds are released.
Councilmember Clark commented on how Phoenix was putting together three teams to
ensure they move quickly when those funds were released. She asked if staff had put
together any teams or dedicated any people to ensure quick results. Ms. Blazina
explained that although Glendale did not have a dedicated team, they were working
very closely with the Federal Consulting Regional Agencies and City staff. They were
also watching the process daily on an almost hourly basis. Councilmember Clark
remarked that she understood they were doing all they could; however, their time was
divided since they were also monitoring the state legislature and the stimulus package.
She questioned why they had not created a dedicated team to only monitor the stimulus
package process.
Vice Mayor Martinez asked a question pertaining to Senate bill 1002, regarding elected
officials and print visual media prohibition. He asked if this included printed materials
from Councilmembers, such as newsletters. Mr. Peters explained that the details were
still being discussed; however, as it was written now, it will prohibit such materials.
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Councilmember Clark commented that she would like to see a provision on the bill that
if the printed material was habitual, such as newsletters, they would be allowed to
continue the practice. Ms. Blazina responded that they have had discussions with the
bill sponsor regarding such a provision. She stated that what the sponsor was trying to
prevent was abuse of the system. Councilmember Goulet interjected asking who would
determine the matter of public concern since this was a subject that was up for
interpretation by individuals. Ms. Blazina explained that they work with city staff through
the legislative session to receive input on various proposed pieces of legislation
impacting the city and residents. She added that discussions were still being heard.
Vice Mayor Martinez commented that he also puts out a yearly newsletter and would
like to include language which would make provisions for that. However, he did not
support the idea that if you habitually put out printed material, that should be a primary
condition by which you could continue to do so. He added there were others who might
miss a year or would like to begin the newsletter process and it would not be beneficial
for them.
Councilmember Lieberman commented on Senate bill 1113, Hand Guns Restaurant
Postings. He asked why staff was not supporting it. Mr. Peters stated that current law
prohibits hand guns in restaurants serving liquor. This bill would essentially be
changing that law to allow hand guns in restaurants that serve liquor. Councilmember
Lieberman stated he did not realize this bill would change the law and now understands
why they were against it. He thanked staff for clarifying.
Councilmember Clark commented on Senate bill 2048, Municipal Elections Signature
Requirements. She asked for clarification on this bill. She inquired if this would
mandate that in every district each candidate would need to have a minimum of 1000
nomination signatures. She indicated that this raises the bar considerably higher for
Glendale candidates than it had previously. She asked why staff was supporting this
legislation. Ms. Blazina stated this had been a League Resolution and in the past, staff
has supported League Resolutions. Councilmember Clark asked if staff had a history of
always supporting each resolution the League has supported. Ms. Blazina responded
that in her history with the city, it has always been the case, Councilmember Clark
reiterated this would not work for Glendale and setting the bar so high would make it
difficult for people who wished to serve the city. Mr. Peters explained this was only
specifically for the Mayor's Office, not for City Council districts. Councilmember Clark
noted it was not specified; however, agrees with the bill if it only applies to Mayoral
candidates. Ms. Blazina stated they would be happy to further explain this issue in
more detail at her convenience.
2. CITY COUNCIL GUIDELINES
PRESENTING THIS ITEM: Dick Bowers, R.A. Bowers & Associates
Pursuant to City Council direction, Richard Bowers will be present to facilitate a dialogue
on Council Guidelines.
The recommendation was to provide direction regarding Council Guidelines.
Mr. Bowers reviewed the Council Guidelines revisions. He explained they had been
given two documents. The first is the document with annotations showing the changes
and the second is a clean document without the annotations. The second document is
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intended to be in its simplest form with Council's direction and interest in the guidelines.
He pointed out an inconsistency regarding the spelling of the word "Councilmember"
and rather than presume a single way, it was left alone in the source document. He
indicated that in order to be consistent in Council's direction, the Code of Conduct and
Code of Ethic's references will be transported when appropriate into this document so
as to have continuity from one to the other. Additionally, an attachment of the entire city
travel policy will be included in the guidelines as per Council's direction. These policies
have been recently revised and are the guidelines the Council will utilize. He noted it
was much easier to include it as an attachment that will be useful for future revisions.
Mr. Bowers indicated he will review the document in sections and asked for any
comments or questions. He introduced the first item (1) Staff Assistance for
Councilmembers.
Councilmember Clark had a question in regards to the first item, Staff Assistance for
Councilmembers. She asked when it was appropriate for city staff to respond to
requests from Councilmembers. She asked how they would distinguish the major from
the minor, as well as how often a request should be placed. Vice Mayor Martinez
commented it could possibly be when the item requires significant time to research.
Councilmember Clark remarked that she believes they still need some kind of guideline
as to when it goes to a Council assistant or the City Manager's Office. Vice Mayor
Martinez stated he believes if the item takes more than eight hours, it should be referred
to Council Items of Special Interest. He asked Mr. Ed Beasley, City Manager to further
explain.
Mr. Beasley stated if the information was accessible or already prepared by staff, it will
not go to the City Manager's Office. However, if it is a multi-discipline response where it
takes several different departments and more than eight hours of work time, it can
possibly be called up for staff's assistance through Items of Interest. He added they
always try to use common sense in these matters and the process has worked well to
date. Councilmember Clark noted that the criteria will remain as eight hours or more of
work time; however, she would also like to include the requirement of "different
departmental use" as criteria. Vice Mayor Martinez stated he had no objection including
that phrase. Mr. Bowers agreed.
Mr. Bowers continued reviewing the following items. (2) Placing Items of Special
Interest on Workshop Agenda. (3) Councilmember Budget/Expenses (4) Council District
Improvement Funds (5) City Travel Policy (6) Official Invitation Expenses (7) Council
Retreat (8) Selection and Responsibility of the Vice Mayor (9) Council Committees.
There were no comments or questions on these items.
Mr. Bowers continued with item (10) Board and Commissions Appointments. Vice
Mayor Martinez commented on a sentence that stated that Chairpersons for Boards and
Commissions were selected by the full Council, however, the Chair for the Work
Compensation Trust Fund Board was appointed by the Mayor. Mr. Craig Tindall, City
Attorney, suggested they add the language "unless otherwise prescribed by ordinance"
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to that section. He stated that should cover any other appointments made specifically
by the Mayor.
Councilmember Lieberman asked to modify the word "selected" to "approved" because
the Government Services Committee actually makes the selections and then they go to
the Council for approval. Mr. Bowers agreed to make the change to reflect the
appointment process.
Mr. Bowers continued with (11) Constituent Contract in Another Councilmember's
District (12) Written Communications from Councilmembers (14) State/Federal
Lobbying (15) Violations and Sanctions both (a) and (b). There were no comments or
questions on these items. Mr. Bowers concluded his summary.
Vice Mayor Martinez thanked the Mayor and Council for their contributions. He stated
he was glad they finally had one document to which they could refer. He thanked Mr.
Bowers for all his assistance.
Mr. Bowers thanked the Council for this opportunity. He reminded them he will be
binding the Code of Conduct, Code of Ethics, the Guidelines, the City Charter and State
Laws that apply to elected officials, all in one single document.
Councilmember Clark once again thanked Mr. Bowers for this tremendous undertaking
which had taken months to prepare.
ADJOURNMENT
The meeting was adjourned at 2:05 p.m.
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