HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 11/17/2009 *PLEASE NOTE: Since the Glendale City Council does not take formal action at the
Workshops,Workshop minutes are not approved by the City Council.
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MINUTES OF THE
GLENDALE CITY COUNCIL WORKSHOP SESSION
Council Chambers—Workshop Room
5850 West Glendale Avenue
November 17, 2009
1:30 p.m.
PRESENT: Mayor Elaine M. Scruggs, Vice Mayor Manuel D. Martinez, and
Councilmembers Joyce V. Clark, David M. Goulet, Yvonne J. Knaack,
and H. Phillip Lieberman
ABSENT: 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. FY 2009-10 FIRST QUARTER GENERAL FUND STATUS REPORT ON
REVENUES AND EXPENDITURES— 30 MINUTES
CITY STAFF PRESENTING THIS ITEM: Horatio Skeete, Deputy City Manager and Sherry
Schurhammer, Management and Budget Director
This is a request for City Council to review the FY 2009-10 first quarter report on General Fund
(GF) revenues and expenditures. The first quarter report covers July, August, and September of
FY 2009-10.
The FY 2009-10 GF first quarter report is consistent with the Council's goal of ensuring the
city's financial stability by conducting timely reviews of expenditures and revenues.
In response to Council requests, staff committed to providing quarterly reports on the GF
beginning with FY 2003-04.
General Fund
o GF expenditures are $2.2 million or(5%)below budget.
o GF revenues are $3.6 million or(9.1%) below budget.
General Fund Expenditures
• The FY 2009-10 budget expenditures and actuals for the GF operating and pay-as-you-go
(PAYGO) capital expenditures are shown in the following table.
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Expenditures Comparison
Budget to Actuals, FY 2009-10
n x f -y r9rr 1:
,! ,� -;t -� FY 2009-10 FY 2009-10 Amount
YTD Budget YTD Actuals Under/(Over)
filk*1:41Al• h: 3 Budget
`;:1:2;,`I be
GF Salaries/Benefits $31,439 $30,863 $576
GF Non-Personnel $10,978 $10,013 $965
GF Debt Service $611 $611
(leases)
PAYGO Capital $1,174 $464 $710
•
TOTAL $44,202 $41,951 $2,251
• Overall, the first quarter actual expenditures are $2.1 million or 5% less than the amount
budgeted.
• The salaries/benefit "budget" figure reflects the 57 frozen vacancies that were part of the
balancing plan for the FY 2010 budget. Therefore, the salary savings "actuals" figure
reflects additional vacancies.
General Fund Revenues
• The following table reflects a comparison of the GF revenue budget and GF actual
collections for FY 2009-10.
YTD Comparison
Budget to Actuals, FY 2009-10
(in 000s)
.. i 1 Vi' ''i FY 2009-10 FY 2009-10 Percent
YTD Budget YTD Actuals Over (Under)
u
�i
]r !
m _ Budget
i S
City Sales Tax $13,475 $12,058 (10.5%)
State Income Tax $7,826 $7,823
State Sales Tax $5,125 $4,321 (16%)
State MV In-Lieu $2,432 $2,183 (10%)
HURF $3,525 $3,411 (3%)
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Primary Prop Tax $379 $179 (53%)
All Other $7,137 $6,297 (12%)
otOT,_.. 11 $39,899 $36,272 (9%)
• GF revenue receipts through the first quarter of FY 2009-10 are $3.6 million under budget.
The lag in revenue is consistent with what we have typically seen in years past with the first
quarter report and when the second quarter numbers are in we will have better information
on which to base decisions.
• GF city sales tax collections are $12.1 million. This amount is $1.4 million under budget.
The limited discretionary funds available to consumers will amplify the seasonality of sales
tax receipts at both the state and local level.
• State-shared revenue collections are $14.3 million. This amount is $1.1 million under
budget.
• HURF revenues are commonly called the gas tax even though there are several other
transportation-related fees that comprise this revenue source. This revenue source is based
primarily on the volume of fuel sold rather than the price of fuel. HURF receipts are
$114,000 under budget.
• The All Other category which includes such items as court fees, permit fees, business
licenses and recreation revenue is $840,000 under budget. The revenue sources that
comprise this category come in unevenly over the course of a fiscal year.
• Property tax revenues will be coming in later than usual this FY because the county
assessor's office mailed the property tax bills later than normal as a result of the state
budget delays.
• The following table is a comparison of the first quarter actual revenues between FY 2008-
09 and FY 2009-10. This comparison is important because it indicates changes in actual
collections between fiscal years.
k'r`-y , FY 2008-09 FY 2009-10 Percent Change
dr i YTD Actuals YTD Actuals From FY 2008-09
City Sales Tax $14,085 $12,058 (14%)
State Income Tax $9,067 $7,823 (14%)
State Sales Tax $5,311 $4,321 (19%)
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State MV In-Lieu $2,444 $2,183 (11%)
HURF $3,608 $3,411 (5.5%)
Primary Prop Tax $259 $179 (31%)
All $7,637 $6,297 (17.5%)
Other
$42,411 $36,272 (14.5%)
Comparison of
FY 2008-09 to FY 2009-10 Actuals
(in 000s)
• GF revenue receipts through the first quarter of FY 2009-10 are $6,1 million or 14.5% less
than the same period in the prior FY.
• City sales tax collections of$12.1 million are $2 million or 14% less than the $14.1 million
collected through the first quarter of the prior FY.
• State-shared revenue collections, which include income tax, state sales tax and motor
vehicle in-lieu receipts, of $14.3 million are $2.5 million less than the $16.8 million
collected through the first quarter of the prior FY, The most significant change is in the
income tax receipts. We knew about the lower income tax distribution and planned for that
fact when the FY2010 GF revenue budget was established.
• Property tax is $80,000 less than last year's collections. As noted earlier in this report, FY
2009-10 property tax revenues will be coming in later than usual because the county
assessor's office mailed the property tax bills later than normal as a result of the state
budget delays.
• The All Other category is running behind last year's collections due to the fact that items
such as permit fees, court collections and license fees come in unevenly over the course of a
year.
Designated Sales Tax Receipts
• At the end of the first quarter, the transportation sales tax budget to actuals comparison
shows that this fund collected $205,000 less than the amount budgeted.
YTD Comparison
Budget to Actuals, FY 2009-10
(in 000s)
' "*r FY 2009-10 FY 2009-10 Percent
c `, Budget Actuals Over/(Under)
=kms _ budget
Transportation $5,000 $4,795 (4%)
Sales Tax
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• The following table shows a comparison of budget to actuals for FY 2009-10 for the two
components of the public safety sales tax.
YTD Comparison
Budget to Actuals, FY 2009-10
(in 000s)
' a " FY 2009-10 FY 2009-10 Amount
gJt; Budget Actuals Over/(Under)
°;STM -1 Budget
Police sales tax $ 3,162 $2,900 (8%)
Fire sales tax $1,579 $1,444 (8%)
• For the first quarter of FY 2009-10, the police component of the public safety sales tax was
$262,000 less than the budget and fire was $135,000 less than the budget.
• Care is being taken to ensure the expenditures of these funds are being paced to match the
revenue levels.
This is a status report on the General Fund covering the first quarter of FY 2009-10. No Council
guidance is requested on this report.
Ms. Pam Kavanaugh, Assistant City Manager, introduced the item. She stated that this Pt
quarter update includes the months of July, August and September of this fiscal year. The lack
of revenue is consistent with what is typically seen in the first quarter. Staff will continue to
monitor the revenues and expenditures and are proactively looking for opportunities to reduce
cost. She noted that staff was currently working on the outlook for FY 2011 budget. She
explained that since they were only four months into this current fiscal year, they are still waiting
on key revenue and expenditure information for next year. However, at this point, the
preliminary estimate for the short fall is $14.9 million dollars. She indicated this was a very
early estimate so this number is likely to change. They will continue to gather information and
be preparing recommendations and options for Council's consideration in the future.
Mr. Horatio Skeete, Deputy City Manager, provided the 1" quarter summary. He stated that the
information for this quarter indicates the economy was stabilizing. He noted that the information
in the last months have been consistent and predictable. However, the estimations have been
slightly below what was anticipated. He explained how they will be seeing seasonal spending
increases in revenue because of the holidays. The local housing market has also seen
improvement with the realtors predicating small increases in home sales. However, activities
previously used as consumer driven revenues are not expected to increase over the course of the
year. Additionally, experts predicted continued stabilization and some revenue increase. Still,
until the unemployment situation improves, they cannot expect to see significant growth. He
stated that the state's projections indicate the beginnings of a slow and gradual recovery over the
next few years.
Vice Mayor Martinez questioned the stabilization theory because he does not see that the
numbers show it. Mr. Skeete explained they were basing the stabilization on the last three
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months of revenue that has been consistent and evenly distributed over the last three months.
This means that the decline in sales tax revenue has appeared to stop, a good sign of some
leveling off. He noted it was still stabilizing, even if it was at a slower rate than predicated. He
cited the housing market's slow recovery as confidence builds in the consumer as an example.
Councilmember Clark commented on the National League of Cities meeting she attended where
the western states economic outlook predicted no economic rebound or stabilization until 2012.
The presenters at the meeting predicted the economy would continue to erode because the
commercial sector has not reached bottom. She explained that the numbers presented today
might be the norm instead of a gradual recovery. She asked Mr. Skeete to clarify the General
Fund revenue forecast. Mr. Skeete stated the revenue numbers have declined to levels last seen
in FY 2005 and FY 2006. He noted this was the best estimate they have at the moment. He
added that these numbers might be the norm for the next few years.
Mayor Scruggs remarked that the city's expenditures were much higher than they were in FY
2005 and FY 2006 and therefore the current ongoing GF revenues are not sufficient. She
commented that the city of Tempe increased their projected operating deficit by $10 million in
one month, which was truly remarkable.
Councilmember Lieberman compared the two revenue charts provided. He explained that in
studying the charts shown, the GF has a deficit between expenditures and revenues. He asked
how staff was handling the deficient as well as the city's annual debt service requirements. Mr.
Skeete explained that it was not unusual to see the 1s1 quarter expenditures exceed revenues. He
stated they were aware of the situation and should it continue, they will make adjustments to
bring spending in line with revenue collections. However, for now they are monitoring the
situation,
Councilmember Lieberman asked if the general fund was used to cover any of the deficits for
payroll or other items last year. Ms. Sherry Schurhammer, Management and Budget Director,
explained that they were able to successfully deal with the revenue shortfall last year of about
$22 million. At the end of the year, the city generated savings that were very close to that
amount through expenditure management measures. She added the general fund base budget this
year is 14.6% less than the base budget last year or about $26.5 million less. She reiterated that
revenues have come in short during the first quarter which has been the case over the last two
years.
Councilmember Lieberman asked about a draw down in the GF ending fund balance. Ms.
Schurhammer explained that for the FY 2009 budget there was about $23 to $24 million worth of
general fund one-time expenditures that were part of the council-approved budget.
Councilmember Lieberman stated he was not clear on the figures and will review his figures and
discuss this at a later time.
Councilmember Lieberman asked about debt service expenditures since it was not shown on the
charts. Ms. Schurhammer explained that the debt service shows-up in different ways depending
on the funding source for the debt service. Debt service for the general obligation bond portion
of the capital plan was not handled through the general fund, but by the secondary property tax
revenue fund. She added that the secondary property tax revenue collected now covers the
annual debt service for the current fiscal year for the general obligation portion of the capital
plan. She noted that other debt service will show-up as transfers, which were not reflected in this
report.
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Councilmember Clark remarked that her concern is that they were looking at another $14 million
dollar annual shortfall at a minimum. She noted they already had positions that were frozen,
early retirements and mandatory furloughs of 13 days. She stated their options were diminishing
and she was concerned of what else they could do to compensate for the at least $14 million
dollar shortfall.
Councilmember Lieberman asked how many open positions the city had currently. Ms.
Schurhammer said 57 general fund vacancies valued at $4.6 million were built into the FY 2010
council-approved general fund budget. She said the city currentlyhad just over 100 general fund
vacancies. Councilmember Lieberman questioned this because he thought there were more than
200 vacancies. Ms. Schurhammer said there are currently a total of about 178 vacant positions
across all funds with about 100 in the general fund.
Mayor Scruggs asked if the 100 positions were currently frozen. Ms. Schurhammer stated that
all were frozen except the sworn positions in public safety. Mayor Scruggs asked if this was in
preparation for the next budget cycle and Ms. Schurhammer said yes.
Ms. Schurhammer explained the next slide. She reiterated that the estimated shortfall of $14.9
million is an early estimate for FY 2011 and is after accounting for the continuation of freezing
vacancies and furloughs. She said staff is taking additional measures above and beyond what
has been implemented already to address the additional expected revenue shortfall. In
addressing the expected impact, staff has the Council's priorities to guide them as they prepare
their recommendations as part of the budget process. She said it is recommended that council
follow the same budget process for FY 2011. She added that the spring budget workshops will
provide the time needed to carefully assess the steps needed for FY 2011, based on complete and
up-to-date information.
Councilmember Clark reiterated her concerns related to additional cuts since 25% was already
cut from the non-salary budget. She questioned how they can still ask departments to absorb
more cutbacks, She explained how asking departments to cut across the board affects smaller
departments on a disproportionate scale. She asked if there was a mechanism in place, such as a
sliding scale, to evaluate a larger department verses a smaller one. Mr. Skeete indicated they do
have those mechanisms in place and are currently being used. He explained how they work with
departments and provide them with several options. In addition, they assess whether the
department will continue to deliver the services with a 15% cut. He noted that in some cases, it
was not possible and those departments were moved back to the 10% level or a number below.
Councilmember Clark commented on how she had recently met with other elected officials and
discovered there was not one city that was not facing a shortfall. She stated that in some cities,
they were reducing employee pay across the board by 2% and looking at major layoffs. She
hoped to avoid those measures if at all possible; however, she did not know where else they
could continue to cut. Mayor Scruggs agreed that cities were looking at deeper, more aggressive
cuts.
Mayor Scruggs asked if freezing the 100 positions was part of the measures being used for the
next budget cycle. Ms. Kavanaugh said yes and added that an assessment of the positions will be
done on a case by case basis. She noted that as many positions as possible are left vacant.
Mayor Scruggs stated this provides the Council and the public some reassurance that steps are
being taken now and shows a proactive approach.
Councilmember Lieberman remarked that he was also at the National League of Cities
Conference and was told that the bottom would probably be seen until next August. He
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discussed the national unemployment rate of 10%, which was closer to 17% when you factor in
the workforce that has exhausted its unemployment benefits. lie noted that Arizona was number
two in the nation for job losses. Ms. Schurhammer noted it was very common to see that
unemployment lags behind economic stabilization. Councilmember Clark agreed, however,
unemployment signifies that people are out of a job and do not have money to spend, which
directly affects the economic recovery.
Councilmember Goulet stated he does not disagree with the forecast, however, would like to
focus on what could be done. He explained how he would like to see the city expand and build
on services that are already in the community to generate jobs and businesses. He indicated that
cutting services was not the only answer. Businesses that have difficult times come up with
ways of offering a new service or purchase a new item which allows them to continue to grow
and expand. He stated the city needs to have a segment that continues on and is stable
throughout future down-turns to be successful. He reiterated that cutting services was not the
answer and no one likes their services cut or paying higher taxes.
Mayor Scruggs asked Councilmember Goulet to provide some specifics. Councilmember Goulet
stated that building and expanding partnerships with the education and medical/hospital
community would be a great start. He explained those were entities that did not leave cities. He
wants to encourage businesses to stay in Glendale, as well as people who finish school to
develop businesses. He noted this creates a stronger community and a better job base. He added
that other cities around the country have implemented this opportunity and they were able to
better withstand difficult times.
Mayor Scruggs stated they were all in agreement and believes the economic team is working on
this. She hopes this discussion was not coming across as doom and gloom, but as the reality.
She said she will accept the premise that things are beginning to stabilize. However, the problem
is that the city's expenses were built for a different economy. She explained that something has
to be done on the expense side to be able to come out ahead. She stated no one wants to cut
services, but everything has to be addressed with full disclosure to the public.
Councilmember Knaack remarked that realistically they have to cut services at some point if they
are unable to bridge the gap. She asked if a four day work week has been evaluated. Mr. Skeete
stated that a team had studied that aspect during the course of last year's budget preparation. It
was decided in the evaluation of the four day work week that the timing was not right. He noted
they still have the information and will review it again if it becomes an option. Mr. Ed Beasley,
City Manager, said this option would have to be based on the size of the organization, the impact
of service reduction, and actual cost savings. He said they will have a better idea of what the
workforce will be after some stabilization occurs. He added that things will not be going back to
where they were in FY 2006 and FY 2007 for some time, if at all. He noted they will not have
the same organization; however, they were trying to maintain the same services. He explained
how this approach will determine how fast they come out of it.
Mayor Scruggs stated she hopes staff's analysis and recommendations include a comprehensive
examination of how the public will react and understand the cuts in services and possibly a
shorter work week. Ms. Kavanaugh stated they were looking into those issues.
Vice Mayor Martinez, remarked on comments made by Councilmember Goulet on economic
development. He remembers a long discussion on economic developments that included the
medical and education community, which the Council had unanimously approved. He explained
how staff was working on developments in the medical field. He noted he has seen signs in the
economy that have been encouraging.
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1. COUNCIL ITEMS OF SPECIAL INTEREST— 30 MINUTES
CITY STAFF PRESENTING THIS ITEM:
Text Messaging While Driving— Steve Conrad, Police Chief
Special Events in Glendale — Julie Frisoni, Assistant Deputy City Manager and Jerry McCoy,
Deputy Director of Marketing/Communications
This is the quarterly opportunity for City Council to identify topics of interest they would like the
City Manager to research and assess for placement on a future workshop agenda.
Special Events in Glendale
Staff is available to answer any questions regarding information provided. Staff also requests
Council to identify items of interest for follow-up by staff during the next quarter.
Ms. Julie Frisoni, Assistant Deputy City Manager, presented information on Special Events in
Glendale which was requested by Councilmember Lieberman. She stated that staff has
researched the five events mentioned and have provided information to City Council on why
those events were no longer being held in Glendale. Staff could not find any of the events that
had been discontinued due to the city's process. As stated in the memo provided, each event
moved for reasons that were business decisions or altogether discontinued. It is important to
note that the number of special events in Glendale has grown exponentially in the last several
years. Although these five events are no longer held in Glendale, the city has assisted in
bringing more than hundreds of events to Glendale over the last several years and hosted more
than 160 events last year. She stated their goal was to continue to attract and host as many
events as possible to solidify Glendale's reputation as a sports, entertainment and family
destination. She asked for any questions.
Councilmember Lieberman stated his goal was also to bring people into the area to enjoy
Glendale and pay sales taxes here. He commented on three of the events brought forward in the
memo. He explained there had been no Veteran's Parade; however, they did have a wonderful
ceremony. He stated there had been no advertising done by the city and the city's help had been
very limited. He noted the ceremony had been well attended and had raised $9,600. However,
he resents the fact that the second largest expense for the event was an $836.00 fee paid to the
city for city services that should have been waived. He explained that the group was trying to
help Glendale by bringing many people together and should not have been charged.
Councilmember Lieberman commented on the Marty Robbins Tribute Celebration issue. He
explained how Marty Robbins continues to be a popular figure and cannot understand why the
city does not help the Marty Robbins Foundation. He stated that the city spends millions on
other projects, however, would not help the foundation, which ended up in Wilcox. He cited
how events are still being held in the state, such as his birthday bash, but not in his home town of
Glendale which is a shame. He reiterated that his desire was only to help bring more people into
Glendale.
Councilmember Lieberman commented on the Arizona Chapter Rally issue. He stated he had
petitioned the city many months ago to use a parking lot at the city airport for the fourth time in
ten years. He stated the event would have given the airport restaurant 156 meals in revenue. The
group was denied after they paid a $75.00 fee, which was never returned. He reiterated that his
only intent was to bring more people to Glendale.
Vice Mayor Martinez asked Ms. Frisoni to address the comments. Ms. Frisoni reviewed the five
events listed in the memo. She stated that each event had moved due to needing a larger
location, discontinued altogether or moved out of the area. She indicated that in their research,
they could not find any events discontinued due to the city's process. In the case of the
Veteran's Parade, the veterans themselves had discontinued the event because of many issues.
She noted the city provides staff to assist on both private and public property.
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Councilmember Clark asked about the $836.00 dollar charged to the Veteran's event. Ms.
Frisoni stated that those fees were a direct result of the special event ordinance enacted in FY
2006/07 and modeled after every other city in the state. She explained that the city should not
have to pay for private events, especially if there are costs to the city in forms of inspections,
police, fire or permits. The $75.00 dollar application fee is also part of the special event
ordinance. Councilmember Clark asked if there was any distinction for non-profit verses for-
profit events. Ms. Frisoni responded no. Councilmember Clark asked if the city has ever waived
fees for other organizations, Ms. Frisoni stated she was not aware of that ever happening.
Councilmember Clark remarked she was surprised that considering this was a Veteran's event
that was established, instead of a long time historical parade, the city did not do more. She is
very surprised that an event honoring Veterans in a time of war was not appreciated more by the
city. In addition, the city did not consider waiving the fee to help them establish an event that
they would be responsible for in the coming years. She added it was a little crass to charge the
Veteran's group for an event that was happening on private property. Additionally, if there is a
history of the city waiving fees for other groups, while not waiving the fee for this one event,
they should be ashamed.
Mayor Scruggs cautioned everyone to try and not set any precedent in this conversation. She
stated this could open the gates for other non-profit groups to feel the same way.
Vice Mayor Martinez remarked it was unfortunate that the word crass was used for this decision.
He indicated there was always a choice to revisit the current ordinance and vote on an
amendment. He stated they were not picking on the Veterans, but following the ordinance.
Councilmember Knaack stated she belongs to many non-profit organizations and would not
expect to have any exceptions made for those organizations.
Councilmember Clark indicated that her comments were not an attempt to re-write policy, but
rather show appreciation for Veteran groups at a time when the nation was at war and many
soldiers were overseas serving this country. She believes it was inappropriate to charge them a
fee, especially if fees had been waived for others. She would like to follow up and see if there
have been exceptions to this policy. She stated they have established several policies throughout
the city, however, when convenient, exceptions do occur, Mr. Beasley explained when the
policy changed and why it occurred, He stated staff cannot override the ordinance once it was in
place. He said that unless the Council changes the policy, it will be followed. Additionally, they
have to balance the cost of doing business in Glendale. He noted it would put them in a very
difficult position if they had to pick and choose who to charge. He informed them that the city
held a free event this Wednesday for Veterans to show their appreciation.
Mayor Scruggs commented on the free event held by Glendale. She stated it had been well
attended and hosted by a Veteran's organization. She added the event was very beautiful and
moving to hear their stories.
Councilmember Lieberman commented on the Ride for Kids event, which raised $177,000 in
one day for the Pediatric Brain Tumor Foundation.
Vice Mayor Martinez asked for clarification on the Marty Robbins Museum closure and the
event moving to Wilcox. Ms. Frisoni explained the museum and event being moved to Wilcox,
involved many personal decisions. She indicated that Mr. Rex Allen proposed to move the event
and exhibit to Wilcox and offered to help with fundraising for the event. She also reviewed the
issues surrounding the Arizona Chapter Rally and why they can no longer accommodate this
event. These factors include heightened security levels at all airports, several of the grants the
city had received from the FAA require the facility be used for aviation purposes only.
Additionally, city ordinance prohibits overnight camping and space at the airport previously used
is no longer available for special events.
Councilmember Lieberman remarked that the city knew in advance they were not going to
approve the event; however, accepted the fee money anyway. He wanted the $75.00 dollars
refunded. Councilmember Lieberman commented on his traveling to Wilcox for the Marty
Robbins event.
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Vice Mayor Martinez asked if he was entitled to be compensated should he decide to travel to
Wilcox for this event, being on the City Council. Mr. Craig Tindall, City Attorney, explained
that it depends if he appears as a public official for city business. Councilmember Lieberman
remarked in answer to Vice Mayor's Martinez question; that he had been reimbursed for travel
for one of the years he attended. Vice Mayor Martinez stated he was curious since he had been
asked to attend.
Text Messaging While Driving
Mayor Scruggs introduced the next item, Text Messaging While Driving, presented by Steve
Conrad, Police Chief. He provided information on the City Council discussion held on the
January 9, 2009 workshop regarding texting. The only new update is that the state has not
passed legislation relating to cell phone use while driving. In summary, it is estimated that 90%
of the households in the United States have at least one cell phone account. Drivers typically
text message when traffic is slow or when stopped in an effort to be more efficient. However,
this is counterintuitive as texting-while-driving actually creates more problems and accidents.
He added that people who use cell phones while driving actually impede the flow of traffic, clog
highways and extend commute times. The Transportation Institute and the National Highway
Traffic Safety Administration conducted a study finding cell phone use to be the most common
distraction while driving and the cause of accidents. It is estimated that 73% of drivers use their
cell phones while driving. He indicated that the National Conference of State Legislatures
reports driver inattention is a factor in 80% of motor vehicle crashes and 65% of near crashes.
He stated that between January 1, 2005 and December 1, 2008, police have completed 23,518
accident reports. According to the crash reports, 22.9% of the accidents during this period were
caused by driver inattentiveness. However, this does not specifically document cell phone use or
text messaging as a crash-related factor. It was noted that the most common distraction was cell
phone use.
On September 19, 2007, the Phoenix City Council approved an ordinance prohibiting the use of
text messaging while operating a motor vehicle. State lawmakers considered a driver text-
messaging ban in 2007 and a ban on cell phone use in 2009, both were not acted on. He indicated
that a number of states have come out with bans on hand held use of a cell phone while operating
motor vehicles, as well as putting greater restrictions on young drivers. While texting has
become a national problem, it is only a portion of the problem. Distracted driving must be
addressed at the state level in order to make our roads safer and to ensure the same legal standard
from jurisdiction to jurisdiction. Glendale officers will continue to enforce the laws already in
place.
Councilmember Goulet stated he did not have much confidence in the legislature enacting a law
anytime soon; however, if enough cities and towns have resolutions passed, it may help prompt
the legislature to enact something that will make it out of committee. He noted they all have
encountered distracted drivers and this might send a message to them. He supports adopting a
resolution even if the enforcement aspect is difficult. He believes this sends a message to the
public that they care enough about this issue to act. Mayor Scruggs asked if he was proposing a
resolution or an ordinance. Councilmember Goulet said he was asking for a resolution.
Councilmember Clark stated that she would support an ordinance for no texting while driving.
She asked for clarification on the different enforcement policies. Chief Conrad stated that a
primary violation would be when an officer can initiate enforcement solely based on this
violation and does not require it to be associated with another violation. A secondary violation
would have to be done while being stopped for another reason. He noted the real problem is
being able to distinguish between texting and other legitimate operator actions. Councilmember
Clark remarked she was surprised they would not want an ordinance or a resolution as an added
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tool to work with. She reiterated her support for an ordinance against texting, even if it was not
used extensively; at least it would be in place.
Vice Mayor Martinez asked if those cited had gone to court or just received a warning. Chief
Conrad stated that in most cases, if the driver is found to be at fault, they are cited. He explained
there were laws currently in place that can be enforced today, which cover improper driving
actions that could be caused by inattentive drivers. Vice Mayor Martinez stated he would
support a resolution not an ordinance. Councilmember Knaack commented that texting was bad;
however, cell phone use was just as bad. She stated she supports a resolution against hand-held
cell phone use as well as texting. She would not support an ordinance. She asked for Chief
Conrad's opinion on the matter of enacting an ordinance. Chief Conrad explained he believes it
will be problematic for drivers to have different rules as they drive from city to city in the valley.
He also does not want to create unrealistic expectations for the public and officers with an
ordinance or resolution. He indicated his preference was a state wide solution.
Mayor Scruggs agreed there were all sorts of distractions while driving. She asked for Chief
Conrad to expand on officers being able to cite drivers that are distracted. Chief Conrad
explained that an officer can stop a vehicle if they are weaving whether it is for cell phone use or
changing the radio station. He noted that the act of weaving dangerously or unlawful lane
change would be cited, not necessarily the activity that caused it. Mayor Scruggs asked if it
would be appropriate for the Council to send a message to the police department to increase their
emphasis on that type of action. She stated she would support a resolution to send a message to
legislators. However, she has heard that the legislators do not intend to pass a law for texting
any time soon. Chief Conrad indicated that the state's AAA has indicated a very big interest on
this issue and intends to work on the issue of distractions while driving. He noted that new
information from the Attorney General's offices states that there was a possibility of a federal
solution, where the access to federal highway taxes may be limited to states that have taken a
stand on this issue.
Mayor Scruggs remarked that the majority of the Council is comfortable enacting a resolution.
They should also find ways to support AAA and other that are working on a solution to this
issue. She stated that staff will work on a resolution of support for the legislature to enact a
statewide ban on texting while driving and possibly other types of dangerous behaviors.
Mayor Scruggs called for new items of special interest.
Councilmember Goulet recommended the public have an opportunity to ask questions in a public
setting about any department in the city. He stated this provides departments a chance to explain
how the city works and how decisions are made. He noted this helps create an interest in the city
as well as the city becoming more transparent. He also would like to recommend some kind of
Art Museum or an Arts Walk in the downtown area. He would like staff to look into the
possibility to have this event take place.
Councilmember Lieberman asked to review Ordinance 2591. He believes these fees should be
returned if the city cancels the event.
Councilmember Clark stated the National League of Cities has a prescription discount drug
program. There was no cost to the city and provides discount drugs to people who have no
insurance. She added this was a wonderful program that has been enacted by other cities. She
would like staff to investigate this program and the possibility of Glendale embarking in this
program. She would also like to recommend an Arts Event downtown where the artists actually
draw on the sidewalks or roads. She stated this event is done around the country and draws a lot
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of people to the area. She asked staff to investigate this possibility. The last recommendation
deals with vacant business spaces in parking garage facility. She would like staff to investigate
how they can use those spaces at a nominal market price for incubator businesses that would like
to move to Glendale. She hopes businesses can use this space until they out-grow it and move to
bigger places in Glendale.
Mayor Scruggs stated her item was also related to arts in the downtown area. She would like to
have a discussion on the City Council's position and interests in having art in the downtown
area. She explained that the city was negotiating a new lease with the Bead Museum, the only
arts museum downtown. The city has included conditions, not involving the payment, that
appear unworkable for the museum. The City's conditions will make it mostly likely that the
museum would decide to look somewhere else. City Council will not be able to discuss their
position and interests before the Bead Museum lease is completed. However, she hopes to have a
serious discussion on the arts in the downtown in the near future. She added that she hopes the
Bead Museum's lease problem can be resolved. She believes that everyone has great hopes and
ideas for the arts downtown; however, they have been unwilling to put any real resources
forward,
Mr. Beasley asked for clarification on Council Lieberman's earlier request. He asked if they
would like it to come back as a workshop item since no work is required by staff. Mayor
Scruggs indicated she would like it to come back as an item of special interest. Council will then
indicate if they would like to move forward with a change in the ordinance. She asked staff to
bring forward information regarding the rational that goes back to when the ordinance was first
approved.
Mr. Beasley asked Councilmember Clark if the street drawings downtown would be in paint or
chalk. Councilmember Clark responded, chalk.
As no other business was discussed, Mayor Scruggs adjourned the meeting.
ADJOURNMENT
The meeting was adjourned at 3:30 p.m.
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