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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. 1 The legislative agenda defines the city's priorities for the upcoming session and will guide the city's lobbying activities at the Arizona State Legislature. The Intergovernmental Programs staff will update the Council on a regular basis throughout the session for guidance on bills and amendments that may be introduced. The city's legislative agenda is a flexible document and may change, based on activities at the Legislature and Council direction. The Intergovernmental Programs Department has conducted a city-wide assessment of potential federal funding opportunities to be included in the 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 2 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. 3 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 4 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" 5 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. • 6