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HomeMy WebLinkAboutMinutes - Minutes - Citizens Transportation Advisory Commission - Meeting Date: 9/4/2014 CITY OF GLENDALE CITIZENS TRANSPORTATION OVERSIGHT COMMISSION 5850 W. GLENDALE AVENUE GLENDALE, ARIZONA 85301 SEPTEMBER 4, 2014 6:00 P.M, MEMBERS PRESENT: William Sheldon, Chair James Grose, Vice Chair Kevin Frei Jennifer Cameron Joyce Stribling Gerald Woodman Thomas Schmitt MEMBERS ABSENT: John Ferguson Jeff McAffee Judith Padia OTHERS PRESENT: Debbie Albert, Transportation Engineer Purab Adabala, Senior Transportation Analyst Cathy Colbath, Deputy Public Works Director Bob Dan, Transportation Planning Manager James Gruber, Assistant City Attorney Tom Kaczrnarowski, Senior Civil Engineer Jack Huested I. CALL TO ORDER Chair Sheldon called the meeting to order at 6:00 p.m. II. APPROVAL OF THE MINUTES Commissioner Schmitt motioned to approve the August 7, 2014 meeting minutes as written. Commissioner Stribling made the second. The motion carried 7 —0. III. CALL TO THE AUDIENCE No comments. IV. APPROVAL OF THE AGENDA Chair Sheldon suggested that agenda items 8 and 9 be combined for the presentation as the subjects are closely tied. 1 Commissioner Stribling motioned to approve the September 4, 2014 agenda with agenda items 8 and 9 to be presented in combination. Commissioner Woodman made the second. The motion carried 7 —0. V. PUBLIC INPUT— COMMISSIONERS AND STAFF No comments. VI. MANAGER'S REPORT Ms. Albert reported on the following: • Flashing Yellow Arrows: o The installation of the flashing yellow arrows at 5151 Avenue and Peoria is moving forward. The equipment is on order and should arrive in two to three weeks. The changes are scheduled for the end of 2014. 0 • Retirement: After 31 years of service, Ms. Colbath will be retiring effective October 3, 2014. Ms. Colbath started with the City as a driver and has worked her way up to Director. She will be greatly missed. Ms. Colbath praised staff for their accomplishments over the years. Chair Sheldon complimented Ms. Colbath on a successful career with the City. VII. MYRTLE AVENUE SAFE ROUTES TO SCHOOL PROJECT Mr. Kaczmarowski gave a presentation on the Safe Path for School Children project. Highlights included the following: • This is a City project using federal funds administered by the Arizona Department of Transportation (ADOT). Mr. Kaczmarowski is the Engineering liaison between ADOT and the Transportation Department. • The area extends along Myrtle Avenue from 62nd Avenue to nearly 67th Avenue. • The elementary schools in the the area include Desert Spirit, Landmark, Harold W. Smith and Glendale High School. Students and their families will be directly served by the project. • Pictures of the site orientation were displayed. • The site is adjacent to a residential historical district. The historical grass lined irrigation ditch along EB Myrtle will not be disturbed. • Pictures of the current site and proposed improvements were presented. Proposed improvements along Myrtle include a 5-foot attached sidewalk and vertical curb and gutter to divert storm water to an existing retention basin near 65th Avenue. • In certain areas along the site, utilities must be relocated by Arizona Public Service (APS) at their expense. Mr. Kaczmarowski also highlighted the follow project details: • $400,000 in federal grant funds will be received for the project. • MAG TIP will provide $137,018 and$8,782 will be provided by the City of Glendale. • Funds for local drainage will be $80,000. (NOTE: Debbie, these will not be utilized /necessary as the additional basin, catch basins / associated piping will not be necessary. They will in essence remain in the "Local Drainage Issues" account for other projects) 2 • Stage III of the project is 60% complete. • APS will be designing the relocation of their utility poles and subsequent relocation construction. • A project assessment was completed early which allowed the project to be in the queue earlier. Commissioner Stribling asked if APS will upgrade the poles since they will be relocated anyway. Mr. Kaczmarowski will mention this suggestion to APS at their upcoming conference call on Tuesday. Mr. Kaczmarowski stated that the upgrade would be the decision of APS because they are financially responsible for the poles. (NOTE: Resulting conference call determined that APS will utilize steel poles in this area) Vice Chair Grose asked about why these improvements had not been made earlier. Mr. Kaczmarowksi responded that there are a lot of factors that contribute to the timing of street improvements. In this case, street improvements are typically developer driven. Commissioner Schmitt asked of this project was to be administered through ADOT local governments. Mr. Kaczmarowski indicated that yes, the project would be. Commissioner Schmitt asked if the street pavement condition could be improved at the same time. Mr. Kaczmarowski replied that at this time, chip seal/slurry seal is not in the scope of the project. Mr. Kaczmarowski mentioned that the City has pavement management and overlay plans that will address pavement condition of roadways citywide and could not say certainly that this road would be included in that effort. VIII. OPEN MEETING LAW/CTOC ROLES AND RESPONSIBILITIES Mr. Gruber gave a presentation on the Open Meeting Law (OML). • What Does It Say? o "All meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. All legal action of public bodies shall occur during a public meeting." A.R.S. 38-431.01(A) • Meeting o "Meeting" means the gathering, in person or through technological devices, of a quorum of the members of the public body at which they discuss, propose or take legal action...including deliberations..." A.R.S. 38-431(4) o So,the definition of"meeting" includes: • In person gatherings • Telephonic gatherings • Email/Social media gatherings • Beware the "forward" button — If a Commissioner forwards an email to another Commissioner, and that Commissioner forwards the email to another Commissioner and so on, which could eventually establish a quorum and Open Meeting Law will have then been violated. • Relaying messages through third parties — Staff cannot be used to relay messages to avoid Open Meeting Law. o Quorum: Majority of members • Public Body o Applicable to any "public body". 3 o Public Body — Includes any political subdivision and special or advisory committees appointed by the public body, such as this Commission. o Does not include judicial proceedings, legislative conferences or caucuses. • Deliberations o OML applies not only to decisions made by public bodies, but also to the discussions. • Legal Action o "Legal action" is a collective decision or commitment pursuant to the body's scope of duties. • Role of Staff o Staff's role is to help you as Commissioners • Provide facts, background, history • In one-on-one meetings and in workshops • Develop the agenda o Staff cannot be used to circumvent the OML • Agenda o Requires at least 24 hours notice with an agenda. o Can only discuss and take action on agenda items. o Items not on agenda — members of the public may make statements to the Commission, but no discussion may take place. The best practice is to put the item on a future agenda for discussion. • Agenda& Miscellaneous o Summaries — If a "summary" is listed on the agenda, a summary of current events can be reported but not discussed. o Records — Meetings must be recorded or notes taken. Legal action taken and a recording or minutes posted on City website within ten days of approval. o Members of public can record a meeting. • Violations o Legal actions taken are void if meeting not noticed or posted with an agenda. o Attorney General investigates complaints of violations of OML. o Any person affected by a violation may bring a lawsuit for enforcement. o $500 penalty for each violation. o Officials can lose jobs. • Public Record Law o A.R.S. 39-121-161 o Public records are open to public inspection. o Everything created or received by government that relates to public businesses are subject to disclosure unless: • Confidential by Law—including privacy • "Best Interest of the State" • Conflicts of Interest o Public officers who have, or whose relative has, a substantial interest in any contract, sale, purchase or service to such public agency must make known the interest in the agency records and shall refrain from voting upon or participating in any manner in such contract, sale or purchase. A.R.S. 38-503(A). • Relative: Spouse, child, grandchildren, parent, grandparent, siblings and half- siblings, spouse's siblings and children. • Substantial interest: pecuniary or proprietary interest, direct or indirect. • Beware the appearance of a conflict of interest. 4 Mr. Umber opened the floor to questions. Commissioner Schmitt asked for clarification as to the limitation of discussion of a non-agenda item. Mr. Gruber explained that if a subject is not on the agenda but the Commission wants to talk about it or a member of the public brings it up, it should be put on a future agenda so that all members of the public have a chance to be present for the discussion. • Commissioner Grose asked for clarification of Executive Session. Mr. Gruber stated that Executive Session would be permissible to obtain legal advice from Counsel or to discuss a matter of litigation. Chair Sheldon asked if the Commission would ever have the need for Executive Session. Mr. Gruber believed it would be permissible if necessary, but will confirm. Chair Sheldon announced that on the Attorney General's website, a short summary of the OML and cases of violations are posted. Ms. Colbath gave a presentation on the role and responsibility of the CTOC. Ms. Colbath stated that City Ordinance No. 2241 identifies the roles and responsibilities of the CTOC. The presentation included the following: Purpose: • Ensure that voter-approved projects in accordance with Proposition 402 are completed in a timely and cost effective manner • Monitor transportation fund expenditures • Recommend adjustments to projects when warranted to serve the best interests of the public Responsibilities: • Review and recommend annually a financially balanced Long Range Transportation Program to Council for action • Review Annual Report and forward to Council for their consideration • Review Audit every three years and forward to Council • Recommend to Council any changes in the GO Program based on new information • Receive public comment • ADVISE City Council on the following: • Regional transportation issues —freeways, transit, systems management • Public transit—Local transit services and regional transit planning • Issues related to alternative modes of transportation — bicycles, pathways, trip reduction programs, and air quality efforts Reporting Structure: • CTOC—Advisory to Council • Makes recommendations to Council • Council accepts, does not accept, or asks for additional information • CTOC has an oversight function • Budget review and recommendations • GO program review and recommendations 5 Commissioner Schmitt inquired if the CTOC is specifically limited to advising on GO funds. Ms. Colbath replied that the ordinance dictates that the CTOC advises on the %P cent City sales tax for the GO program. Ms. Colbath explained that the purpose of the CTOC was to keep citizen input alive throughout the length of the GO tax. Commissioner Schmitt stated that he was part of the 60-member citizen group involved in creating the ballot measure. Commissioner Schmitt wondered if the CTOC would be able to expand to other transportation issues. Ms. Colbath replied that it would take Council action and a new ordinance for that to occur. Ms. Colbath asked for clarification as to what other areas Commissioner Schmitt had interest in. Commissioner Schmitt mentioned that he would be interested in the HURF funds and other transportation issues. Ms. Colbath stated that HURF touches other parts of the City and that the funds are programmed directly by Council and a new ordinance would be required for a change. Commissioner Schmitt stated that the Commission did receive information on the flashing yellow arrows, but because it is not part of GO, could not formally advise or recommend on the project. Commissioner Schmitt wondered if CTOC could be more involved in similar projects. Ms. Colbath stated that if any of the Commissioners have a certain project they would like to attach to GO funds, the project could be brought before Council for approval of the use of GO funds provided a fiscally balanced 25-year program could be maintained. Commissioner Woodman stated that he thinks the additional oversight would be beyond the current CTOC role. Chair Sheldon stated that it is staff's job to manage the GO program and CTOC's role to ensure that staff is delivering. Chair Sheldon noted that there is also a state CTOC and to expand the purview of the Glendale CTOC might take state legislative action, not only Council action. Commissioner Schmitt clarified that he is only speaking of local, not state, transportation issues. Chair Sheldon stated that the role of the CTOC is limited by Proposition 402 and asked Mr. Umber if legislative action would be necessary to adjust or expand the role of CTOC. Mr. Gruber will follow up on the question. Chair Sheldon thanked Ms. Colbath and Mr. Gruber for their presentations and Commissioner Schmitt for his in depth questions. IX. FINAL 2015-2039 GO PROGRAM OF PROJECTS Mr. Adabala gave a brief presentation on the GO Program of Projects. Mr. Adabala stated that the presentation was given in great depth at the last CTOC meeting and this evening, the CTOC will be asked for recommendation of approval of the 25-Year Program of Projects to Council. Highlights of presentation include the following: Summary: — 13th Update to GO Program — Last Update in September 2013 — Revenue projections higher — Construction costs are slightly higher 6 — 2.1 or better debt coverage ratio — Some updates to program/project costs — 5% Program Contingency restored — Total Funding for 25 Years: $1,015.7 million (constant FY2015 dollars) — Total Expenditures for 25 Years: $1,012.6 million (constant FY2015 dollars) GO Capital Summary: • Projects (Budget Change) — Added $1.8M to RPZ Land Acquisition in FY 2015 — Added $0.IM to Grand Canal MUP, FY 2015 — Added $0.1M to 55th Avenue Widening, FY 2015/16 — Added $0.1 M to New River north SUP , FY 2015/16 — Added $ 2.1M, 59th & Olive Ave Safety, FY 2015/17 — Added $7.2M LRT capital project, FY 2024-2027 — Removed $0.8M, Intermodal & Parking, FY 2015-2019 — Removed $1.3M, L101 Parking Land Acquisition, FY 2015 GO Operations Summary: • Ongoing Programs (Budget Changes) — Added $23.0M for Rail O&M, FY 2027-2039 — Added $22.2M cost to continue Fixed Route Service, FY 2015-2039 — Added $0.5M for Transit Management, FY 2015-2039 — Added $1.1M for Transportation Systems Management operations, FY 2015-2039 — Added $0.6M for Traffic Mitigation, FY 2015-2039 — Added $1.8M cost to Indirect Staff& Administration service, FY 2015-2039 Funding Changes and Budget Changes from FY 2014-2038 and FY 2015-2039: Charts were presented. Bonding Needs: Six bond issuances are planned for a total of$177.0 million. The first one is for 2015 for approximately $8 million. The largest one is in 2025 for approximately $90 million. Debt Coverage Ratios were provided for each year of FY2015-2039. Schedule: • CTOC Review: August 7, 2014 • CTOC Action: September 4, 2014 • CIP changes due: October 2014 • Budget changes due: December 2014 Commissioner Stribling asked if the project cost at 59th Avenue and Olive includes the lighting and items that have already been completed. Mr. Adabala replied in the negative. Mr. Adabala stated that the phase already completed was done in house. The portion of the project in the CIP is adding the medians and modifying the bus bays. Commissioner Stribling commented on an issue with turning right at the intersection and suggested that recession of the light. Ms. Albert will look at the issue in more depth. Ms. Albert commented that it might be more feasible to modify the crossing boxes than recess the lights. Commissioner Woodman wondered how projects are deemed GO Funds or CIP. Mr. Adabala stated that every project identified on the ballot is technically a GO project. Mr. Adabala added that GO funds can be used to leverage federal or regional funds as well. 7 Commissioner Schmitt wondered if more specific cost details are available for the projects in the CIP. Mr. Adabala stated that all details can be made available to the Commissioners. Chair Sheldon noted that information on the CIP projects is also online. Ms. Colbath stated that when staff gives a presentation on specific projects throughout the year, more detailed budget information can be provided at that time. Ms. Colbath stressed that all information can be provided by request at any time. Ms. Colbath added that staff reviews all project budgets by line item but for this presentation for the 25 Year CIP, it is presented to the Commission at a higher level due to the amount of detail. Chair Sheldon thanked the Commissioners for all of their excellent questions and praised staff for a job well done. Commissioner Stribling motioned to accept the FY-2015-2039 Program of Projects as presented and to recommend approval by Council. Commissioner Cameron made the second. The motion carried 7-0. XI. FUTURE AGENDA ITEMS Commissioner Schmitt suggested a presentation on the legalities of Light Rail Transit along Glendale Avenue and the plans for extension of the proposed route, which stops at Grand Avenue and the railroad tracks, beyond Grand Avenue to Westgate. Ms. Colbath stated that these topics will be addressed during the Light Rail presentation on an upcoming agenda. Commissioner Schmitt asked for clarification as to the meaning of debt coverage. Mr. Adabala explained that it is a ratio of the revenues versus debt service and is an indicator how well the City can pay its debts. The higher the ratio, the better. ADJOURNMENT The meeting was adjourned at 7:55 p.m. by consensus. The next regular meeting will be held on Thursday, October 2, 2014 at 6:00 p.m. at City Hall -Room B3, 5850 W. Glendale Avenue. Respectfully submitted, akaits- ite1404-yo--J-1 n, VI ced QVv l2 8 D