HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 3/21/2017 (3)City of Glendale
5850 West Glendale Avenue
Glendale, AZ 85301
Meeting Minutes - Final
Tuesday, March 21, 2017
1:30 PM
Workshop
Council Chambers
City Council Workshop
Mayor Jerry Weiers
Vice Mayor Ian Hugh
Councilmember Jamie Aldama
Councilmember Joyce Clark
Councilmember Ray Mainar
Councilmember Lauren Tolmachoff
Councilmember Bart Tumer
City Council Workshop Meeting Minutes - Final March 21, 2017
CALL TO ORDER
ROLL CALL
Present 7 - Mayor Jerry Weiers, Vice Mayor Ian Hugh, Councilmember Jamie Aldama,
Councilmember Joyce Clark, Councilmember Ray Malnar, Councilmember Lauren
Tolmachoff, and Councilmember Bart Turner
Also present were Kevin Phelps, City Manager; Michael Bailey, City Attorney; Julie K.
Bower, City Clerk.
WORKSHOP SESSION
1. 17-091 21ST CENTURY POLICING
Staff Contact and Presenter: Rick St. John, Police Chief
Chief St. John said the Task Force on 21st Century Policing was established by
President Obama on December 18, 2014 and the final report was released on May 18,
2015. The final report contained 58 recommendations and 91 action items. Chief St.
John said 38 of those recommendations and 50 action items were directly related to law
enforcement.
Chief St. John said the task force had created six pillars. The first pillar, building trust
and legitimacy, was the foundational principal of the task force. There had been a loss of
trust by the community in the police agencies and the pillar would work to rebuild that
trust by using procedural justice. It meant that decision-making was transparent and
kept the community's best interest in mind.
Chief St. John said the Glendale Police Department had accomplished 7 out of 9
recommendations and 11 out of 12 action items of the first pillar. The first change that
needed to be made was publishing response to resistance statistics, commonly called
use of force. The department did compile the information and the report was available for
review. He was suggesting making the information even more transparent by overlaying
the statistics onto a crime map with enough information about the crime so that the
public was not alarmed by the statistics shown.
Councilmember Clark asked for the name of the report that was currently available.
Chief St. John said it was the crime capture report. He said the response to resistance
report was part of the annual report and believed it was located on the City's website. He
said the crime maps were on the police webpage.
Chief St. John said community surveys was the other item needed to complete the first
pillar. A survey link could be placed on the tablets the officers used in the field. The
officer would provide the survey to the people he or she came into contact with on a daily
basis with the exception of victims of crime. Over time, it would provide the Police
Department with information about where it was experiencing lower levels of trust.
Councilmember Clark asked if a suspect would give the Police Department glowing
reviews after being pulled over on a traffic stop.
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Chief St. John said it would be relevant for a person who was just issued a citation to be
given an opportunity to complete the survey. How the officer interacted with that citizen
was relevant. It was surprising how many compliments were given to officers who had
just issued a ticket. He had received many calls from citizens who wanted to let him
know what a great job the officer had done. The source of the information was taken into
consideration, but it was a good starting point to find out what areas the department
needed to target to build trust.
Councilmember Turner asked if the department would gather enough data to determine
the source of the contact to determine which respondents had received a traffic ticket as
opposed to someone who had been arrested.
Chief St. John said that was correct. A portion of the survey would include reasons for
the stop and some type of rating. The survey would be quick and simple.
Mayor Weiers asked if there would be questions like was the officer respectful.
Chief St. John said the questions would be more general such as on a scale of 1 to 8,
what was your overall satisfaction with the Glendale Police Department.
Councilmember Tolmachoff asked if the questions would be specific to the officer the
person was interacting with, or if they would be more general.
Chief St. John explained some of the questions would be very general regarding the
person's feelings about the Police Department and questions about the specific
interaction.
Councilmember Tolmachoff said there were some people who might be generally
distrustful of all police departments.
Chief St. John believed that was true and it would give the Police Department an
opportunity to target areas to build that trust and develop targeted activities in the
communities that needed it.
Chief St. John said pillar 2 was policy and oversight and whether the policies reflected the
community's values and were the policies aimed at developing crime reducing strategies
under a community policing philosophy. The Police Department had accomplished 12
out of 13 recommendations and 6 out of 7 action items. He said the Justice Department -
had used the Glendale Police Department as a model policy maker.
Chief St. John said a de-escalation policy was necessary and the action item would be
completed by the time the report was posted along with the department's responses to it.
The second requirement was an LGTBQ search and seizure policy. The policy had been
signed off on yesterday and officers would undergo online training.
Chief St. John said pillar 3 addressed technology and social media and the department
had accomplished 3 out of 3 recommendations and 5 out of 5 action items. He said staff
was always balancing the advantages of using technology with the cost to the budget.
He supported technology that pushed towards face-to-face communication. He spoke
about social media and how beneficial it had been to recruiting.
Chief St. John said pillar 4 was community policing and crime reduction. The department
met 4 out of 4 recommendations and 17 out of 17 action items. The department had
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worked toward engaging the community for a very long time.
Councilmember Clark asked if any new strategies had been developed to allow officers
adequate time to cruise neighborhoods.
Chief St. John said there were times during the day when officers had plenty of time to
drive through neighborhoods and engage with residents. During the busier times, he was
encouraging his officers to get off the arterial streets and go call -to -call through the
neighborhoods. The department was working on staffing issues and vacancies and hoped
to be at full staffing in September or October.
Councilmember Clark asked about the number of officers on duty per shift in each police
district.
Chief St. John said the staffing ratio Councilmember Clark was talking about was two
officers per beat and there were 190 officers in the patrol division. He recommended
decreasing the size of the beat and would like each officer to have a beat that was their
responsibility instead of two officers to a beat. He would like the officers to be proactive
in the smaller areas and not be so reliant on a partner.
Councilmember Clark asked about the protocol for a domestic violence call being two
officers.
Chief St. John said that was correct
Councilmember Clark asked where the manpower came from for various calls when
officers were taken off beats for major events.
Chief St. John said there were never enough officers to have an officer in every community
every minute of the day. The smaller beats would give officers the ability to have more
control over their beats and officers in areas with a lower call volume might spend more
time in other beats than officers who worked in a beat with a higher call volume. It was
the officer's responsibility to get the work done in his beat.
Mayor Weiers said incidents might be diffused quicker if an officer was more familiar with
the residents in a smaller beat.
Chief St. John said there were many times he knew the names of the people he was
dealing with when he was on patrol, and spending a lot of time in one area gave officers -
the opportunity to get to know the people.
Councilmember Clark asked if rotating officers every couple of years defeated the purpose
of having smaller beats and getting to know the community.
Chief St. John said there were benefits to officers working various beats for long periods of
time and officers liked working in familiar areas. He said there was a need to get officers
community -driven instead of organization -driven. He said there were mandatory rotations
through specialized units to allow officers to stay in the core function of community
policing. He explained they now do a two-year bid, with a mini bid in the off -years for
officers coming out of specialty positions.
Chief St. John said pillar 5 was training and education. He explained the advanced officer
training that was done every year needed to evolve with the community. The department
met 2 out of 3 recommendations and 1 out of 2 action items. He said the arrest
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procedures for the transgender community were already in place. He said there also
needed to be community involvement with an internal training committee and the public
had been invited to participate.
Chief St. John said pillar 6 was officer wellness and safety. The department met 3 out of
3 recommendations and 3 out of 3 action items. He said officer wellness was very
important and officers needed to feel comfortable talking about what was bothering them.
Officers also needed resources available for getting the help they needed.
Councilmember Clark asked if there were any dedicated resources available for officers
suffering from PTSD.
Chief St. John said the department partnered with Bullet Proof, which was an online
resource guide that assisted officers in recognizing problems. The City's EAP program
was also a tremendous resource for PTSD, as well as contracted psychological services,
that respond to serious incidents. Chief St. John said the database that tracked internal
investigations was not meeting the needs of the department. The department had
selected a vendor and was starting to implement the early warning system.
Councilmember Tolmachoff asked how the department handled the wellness of an
officer's family.
Chief St. John said there was a spousal support network and the online resources
available for officers were also available for family members.
Councilmember Clark asked if the results of the citizen surveys would be used to
evaluate the performance of an officer.
Chief St. John said the surveys would not be used to evaluate performance. The surveys
would be used to look for areas that required targeted engagement to build relationships
and trust.
2. 17-082 COUNCIL ITEM OF SPECIAL INTEREST: ZONING TEXT AMENDMENT
ZTA16-01 DONATION DROP BOX REGULATIONS
Staff Contact: Sam McAllen, Director, Development Services
Staff Presenter: Jon M. Froke, AICP, Planning Director
Mr. Froke said the request was initiated by the Planning Commission on December 3,
2015. This item addressed the regulation of donation drop off boxes and was citywide
and not specific to one Council district. Glendale did not regulate donation drop off
boxes, and it was common to find drop off boxes throughout the City on commercial
properties, schools, churches and fire stations. He explained several other cities recently
began regulating donation drop off boxes, including Phoenix, Peoria and Surprise. The
boxes would be regulated by a temporary use permit and the number of boxes would be
limited based on the size of the parcel. He also said boxes would require some sort of
identification sticker and pickup and maintenance of the boxes would be required by the
owner. Different standards would apply to the boxes based on the zoning district.
Mr. Froke said the temporary use permits were proposed to have a three-year approval
period and were proposed to be allowed in office and commercial zoning districts,
including sites zoned PAD, planned area development. The donation drop boxes were
also proposed to be allowed on public and private school sites as well as police and fire
stations, city libraries and churches without a temporary use permit. Definitions had to
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be amended pertaining to donation center and donation/drop off box. By proposing a new
section relative to temporary use permits, the sections regarding establishing a historic
preservation district and temporary restraint of demolition needed to be renumbered. The
zoning text amendment did not differentiate between nonprofit and for-profit donation drop
boxes.
Mayor Weiers confirmed a donation box would not be permitted if the property was less
than one acre.
Mr. Froke said that was correct.
Mayor Weiers did not agree with that limitation.
Mr. Froke said staff was looking for Council input
Councilmember Clark said many of PADs were residential and asked how staff would
differentiate between residential and commercial PADs.
Mr. Froke said staff would review that point before bringing the ordinance back for
approval. He suggested that no two donation boxes be clustered together on one site.
Councilmember Tolmachoff asked for further explanation about clustering two boxes
together in any one location.
Mr. Froke provided an example of clustering six donation boxes together and said it
would be a bit of a blight.
Councilmember Tolmachoff asked if on a three -acre parcel, two boxes were on one side
of the property and two boxes were on the other side of the property, if that would be
acceptable.
Mr. Froke said that would be acceptable under the proposal. Staff was trying to avoid an
area being blighted by large groups of boxes.
Mr. Froke said the Planning Division held a neighborhood meeting to discuss the topic on
July 23, 2015. Three people attended the meeting. There was support from the industry
for the City to regulate donation drop off boxes. The zoning text amendment was
discussed at a Council Workshop on September 20, 2016 and staff received guidance
from Council to continue and a draft ordinance had been provided as part of the packet for
the workshop.
Mr. Froke said the proposed ordinance was similar to what other cities had recently
adopted. The property owner would have the right to remove a donation drop box at any
time. Planning staff was seeking guidance from the Council on the draft zoning
ordinance. A temporary use permit fee would need to be established as part of the
process. Staff was suggesting a fee in the range of $200. It was anticipated that each
donation drop box would require a business license. Staff was seeking direction to bring
the draft ordinance to a voting meeting for consideration after the Planning Commission
considered the proposal.
Mayor Weiers was concerned about business owners that didn't have quite an acre of
property who would not have an opportunity to allow a box on their property. He knew
several business owners who were interested in nonprofit work who would like the
opportunity to have a drop box. Not having an opportunity to help a charity didn't seem
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quite right.
Mr. Froke suggested having the requirement read one acre or less instead of one acre.
Councilmember Tolmachoff asked if the $200 permit fee would be renewable every three
years.
Mr. Froke said staff had been evaluating what was fair to the business owners and
operators of the boxes.
Councilmember Tolmachoff asked how everyone would get into the system.
Mr. Froke said staff would work with Public Affairs for public notice of the change. He
explained many business owners and stakeholders were already aware of the zoning text
amendment. The department would go through a notification process and would
implement the amendment at all the commercial sites.
Councilmember Tolmachoff asked if there was a rough database in place.
Mr. Froke said staff already had a good idea where the boxes were located throughout
the City.
Councilmember Tolmachoff said the item was past due, especially in light of the changes
in other cities.
Councilmember Turner asked if the three-year period was a ramping up period or if the
permit was valid for three years.
Mr. Froke said it would give staff time to make the current box owners aware of the new
process and implement the temporary use permit. He explained the temporary use
permit would be good for three years once it was approved administratively.
Councilmember Turner confirmed there would be a three-year period getting business
owners and box owners on board with the new process and then the permits would be
good for three years.
Mr. Froke said that was correct.
Councilmember Turner asked about the rationale for allowing donation drop boxes ,on
school sites, police and fire stations, libraries and churches without a permit, and asked
if there would be any restrictions at those locations regarding the parcel size.
Mr. Froke said staff was looking for Council input whether it wanted to regulate the boxes
citywide regardless of whether it was a public or private facility. He explained most of the
other cities were not regulating boxes on public facilities.
Councilmember Turner would consider waiving the permit fee for those types of facilities
but felt those facilities would need to comply with the same regulations as other
properties were required to do.
Councilmember Aldama also felt those facilities should be regulated the same as all the
other businesses. His concern was the profit or nonprofit aspect of the boxes. He wasn't
sure if that would be a requirement on the label of the box. He asked what other cities
were doing regarding the profit and nonprofit issue.
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Mr. Froke did not think other cities were differentiating between the two. He said there
were facilities that existed where a citizen could make a donation and get a receipt for
tax purposes. He said staff would review that issue.
Councilmember Aldama said many people used the bins to get rid of their items and were
not concerned about tax issues. He was concerned that patrons would assume the
donations were going to a nonprofit and it should be identified somehow if they were not.
He also brought up the issue of one box per acre size lot. He said it depended on how
big the facility was. He was open to the suggestion of having boxes on smaller lots and
didn't want to prevent someone from having a box.
Councilmember Clark agreed with Councilmember Turner and said all boxes should be
regulated. She said not regulating the boxes might drive more boxes to nonprofit
properties. She liked the idea of not charging a permit fee for nonprofit organizations.
She said it made no difference to identify a box as profit or nonprofit as none of the boxes
would provide a receipt for tax purposes.
Councilmember Tolmachoff said the goal was to try and stop dumping at the boxes and
asked about enforcement of the ordinance.
Mr. McAllen said it was a zoning ordinance regulation and would be enforced by Code
Compliance. He said property owners were the responsible parties in the case.
Councilmember Tolmachoff asked if the permit was going to be signed by the property
owner and donation drop box provider. She was concerned that the items outside the
box would create blight. She said the enforcement would be on the property owner and
not the person who acquired the permit.
Mr. McAllen said that was correct.
Councilmember Aldama asked if the responsibility was on both the property owner and
drop box owner.
Mr. Froke said it would be a collective effort. The property owner would clean up his own
property and then work out compensation with the drop box owner.
Councilmember Turner agreed with Mayor Weiers to allow boxes on properties less than
one acre. He asked if boxes would be disallowed if they were to be placed in a parking
space that would bring the number of parking spaces lower than the minimum allowed.
Mr. Froke said that was correct.
Councilmember Turner asked how larger commercial parcels would be handled with the
requirement of 4 boxes on parcels over 3 acres.
Mr. Froke explained parcels in larger commercial properties might have several different
owners, which could allow more than 4 boxes on a three -acre parcel.
Councilmember Turner verified that each individually owned parcel in a large commercial
property space would have its own right to the number of boxes provided for in the
ordinance. He said it was his concern that if they limited the number of boxes in a
commercial space, it might create more problems because then donation boxes would be
placed in many other locations. He wasn't sure that was what the Council was looking to
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do either.
Mayor Weiers asked a question about how many boxes would be allowed on a 20 -acre
apartment complex property.
Mr. Froke said staff was not suggesting allowing donation drop boxes in apartment
zoning.
Councilmember Clark said that was why she asked about the residential PAD zoning
because she did not think it was appropriate for that zoning designation to have drop
boxes.
Councilmember Malnar asked if a financial analysis had been done on how it was going
to affect the budget.
Mr. Froke said a financial analysis had not been done but staff had run through many
scenarios. He said staff wanted to be fair to property owners who might be frustrated by
the current lack of regulation. The proposed fee would potentially cover staff time. The
City was not looking to make money on the program.
Councilmember Malnar asked if the permits would be issued to the groups who brought in
the box or the owners of the boxes.
Mr. Froke said staff hadn't gotten to that level of detail yet. The discussion had centered
on the issue of regulating the drop boxes. He explained property owners would like the
boxes regulated so there was some level of control.
Councilmember Malnar would like that issued included in the report back to Council.
Mayor Weiers asked if there was a way that the property owner and the charity could
both sign off on the permit.
Mr. Froke said the property owner needed to sign the application.
Mayor Weiers said he understood that. He said the box owner should be the first person
responsible, but the property owner was also responsible if the box owner did not comply.
He did not think the property owner should always be held responsible. The people
reaping the benefits should be the first one to respond.
Mr. Froke said there could be a second signature if the property owner was deferring to
an agent to handle the issue and that was the person staff would be dealing with during
site plan review and other processes.
Mr. Froke said staff would take Council input back to the Planning Commission and
would bring the item back to a future voting meeting.
3. 17-069 THIS ITEM HAS BEEN REMOVED FROM THE AGENDA
COUNCIL ITEM OF SPECIAL INTEREST: DIVERSITY COMMISSION
ORDINANCE
Staff Contact: Jim Brown, Director, Human Resources and Risk
Management
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This item was removed from the agenda prior to the meeting and not presented.
CITY MANAGER'S REPORT
Mr. Phelps had no items to report.
CITY ATTORNEY'S REPORT
Mr. Gruber had no items to report.
COUNCIL ITEMS OF SPECIAL INTEREST
ADJOURNMENT
The Council had no items to report
The City Council adjourned at 2:53 p.m.
I hereby certify that the foregoing minutes are a true and correct
copy of the minutes of the meeting of the Glendale City Council
of Glendale, Arizona, held on the 21st day of March, 2017. 1
further certify that the meeting was duly called and held and
that a quorum was present.
TO
Dated this /0 day of 2017.
Ju". Bower, MMC, City Clerk
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