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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/19/1989MINUTES OF THE WORKSHOP SESSION OF THECITYCOUNCILOFTHECITYOFGLENDALE, MARICOPA COUNTY, ARIZONA HELD TUESDAY, SEPTEMBER 19, 1989 AT 3:00 P.M. Mayor Renner called the Workshop Session of the GlendaleCityCounciltoorderintheWorkshopRoom, B-3, in theGlendaleCouncilChambers. Council members present were: Bellah, Huffman, Hugh, McAllister, and Tolby. MemberAbsent: Falbo. Also present were Martin Vanacour, City Manager; GordonL. Pedrow, Assistant City Manager; Peter Van Haren, City Attorney and Linda Ginn, Deputy City Clerk. WORKSHOP SESSION Mayor Renner stated that Council would digress from the printed agenda and take items two and three, first. 1. PROPOSED LACT RESOLUTIONS Marion Porch, Intergovernmental Liaison, stated that annually, the League of Arizona Cities & Towns adopts resolutions submitted by member cities and towns to become part of the Municipal Policy Statement. These policies form the basis for LACT legislative action. Ms. Porch proceeded to give a brief summary of the various resolutions that will be considered at a pre -conference meeting of the Resolutions Committee on September 23, 1989. (Copies attached.) She further stated that the resolutions which are passed at this pre -conference will be forwarded to the regular conference meeting of the Resolutions committee at their October meeting. Mayor Renner commented that he had a problem with Resolution No. #8 which would require the Legislature to require the Board of Supervisors to create flood control advisory boards. He said he found this inconsistent in that the Legislature would be telling Pima county, in this instance, what to do when it was the position of the cities and towns they do not like the legislature telling them what to do. Ms. Porch stated that she also had reservations on the same issue. Ms. Porch stated there would be a Friendly Amendment proposed for Section A, Resolution No. #17 which deals with publicly -owned wastewater treatment plants. The amendment would change the fourth paragraph, next to last sentence, to read . . "civil penalties of up to $25,000 per day . . . ". She then explained the resolution submitted by the City dealing with clarification of existing statutes relating to 72- option and to recommend to the City Council whether the HomeRuleoptionshouldagainbepresentedtothevotersattheelectionin1990. she said beginning in June the Committee held sevenmeetingswithanattendanceofover75% at each meeting. During the course of these meetings the committee heardpresentationsfromeachmanagementgroupintheCityandthePoliceandFireDepartments. These presentations consistedoftheserviceseachareaperformedforthecitizens, whattheirbudgetsnowareandwhattheyhavebeenthelasttwoorthreeyears. They also heard what impacts a failure of theAELvotewouldhaveonthecityandsomeoftheotheroptions available to the city. Mr. Howard McKenna, Co-chairman of the AEL committee, stated that the committee had reviewed the four options available to the city; home rule, permanent base adjustment, capital projects accumulation fund and one time override. The committee felt that the home rule option best fit the needs of the community. After reviewing all of the information provided, the Committee unanimously recommended that the City Council place the Home Rule option on the General Election ballot for March 20, 1990. This item will be placed on the next Council agenda for formal consideration. COUNCIL COMMENTS AND SUGGESTIONS None. F-11-11011) INZ 1 410 1W AN There being no further items, the meeting adjourned at 3:55 p.m. Deputy City Clerk 74- 1990 RESOLUTIONS OF THE LEAGUE OF ARIZONA CITIES AND TOWNS RESOLUTIONS FOR CONSIDERATION AT THE PRE -CONFERENCE MEETING OF THE LEAGUE RESOLUTIONS COMMITTEE September 23, 1989 AMENDMENTS TO THE 1989 MUNICIPAL POLICY STATEMENTOFTHELEAGUEOFARIZONACITIESANDTOWNSCapitallettersinsubsectionsindicateproposednewlanguage.) RESOLUTION #1APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION I, LOCAL GOVERNMENT AND HOME RULE. The section "Local Government and Home Rule" is amended by repealing subsection R relating to sale of unneeded rights -of way. Submitted by: League Staff A. Purpose of Resolution To remove the statement urging the Legislature to allow municipalities to sell unneeded rights -of way, since the Legislature passed and the Governor signed in to law such legislation during the 1989 session. B. Effect of Resolution To remove an unnecessary subsection from the Policy Statement. C. Fiscal Impact on Cities and Towns None RESOLUTION #2APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION Il, MUNICIPAL FINANCING. The section "Municipal Financing" is amended by amending subsection S to read: S. Supports legislation to amend the state law regarding the fire districtassistancetaxsothatcityandtownorganizedfiredepartmentswouldshareinthedistributionofthistaxalongwithspecialfiredistrictsORBYEXEMPTINGMUNICIPALITIESWITHFIREDEPARTMENTSFROMTHEBURDENOFTHEFIREDISTRICTASSISTANCETAX. Submitted by: Town of Snowflake and City of Holbrook A. Purpose of Resolution To correct the present gross inequity in the distribution of the fire district assistance tax. Present state law does not allow municipalities to receive a portion of this tax to support fire services provided by the municipality. However, fire districts in incorporated areas receive a share of tax. Apparently the original intent was to provide funding for fire protection in unincorporated areas with weak tax bases. Now, however, there is no relationship between strength of local tax base and eligibility for a share of these funds. In fact, sometimes the opposite is true, as is the case in Navajo County, where property owners in the communities with the weakest sales tax bases are paying a fire district assistance tax which is then given to fire districts which serve communities with the strongest sales tax bases. In other words, "taking from the poor and giving it to the rich". B. Effect of Resolution Municipalities with fire departments would benefit by receiving a portion of the fire district assistance tax, or by being exempted from the tax burden in lieu of providing their own fire services. Municipalities served by fire districts would not be directly affected. Only the fire districts (and their taxpayers) would be affected. C. Fiscal Impact on Cities and Towns No potential cost to cities and towns. Potential benefit explained above. RESOLUTION #3APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION II, MUNICIPAL FINANCING. The section "Municipal Financing" is amended by amending subsection U to read: U. Supports LEGISLATIONamendmentwhichwould allow cities AND TOWNS to use tax incrementfedevelepmentfinancingASANADDITIONALECONOMICDEVELOPMENTTOOLFORCOMMUNITYCONSERVATIONANDREHABILITATIONPARTICULARLYINBLIGHTEDORDESIGNATEDREDEVELOPMENTAREAS. ef a test ease bFeUght ufgdeF existing enabling law. if appFeyed, publie eests pFejeet•-afeas. Submitted by: City of Phoenix A. Purpose of Resolution Serious redevelopment and economic development problems have emerged in cities and towns throughout Arizona in recent years, due to a number of social, economic and fiscal trends. Development has moved outward from downtown and central core areas. Downtown areas have deteriorated and large tracts of vacant land throughout communities remain undeveloped. Cities and towns have financed redevelopment efforts primarily through Federal Community Development Block Grant (CDBG) funds. These funds have been cut back in recent years and further reductions are expected. Beyond CDBG funds, cities and towns have found themselves severely hampered in their ability to respond to these emerging redevelopment and economic development needs. Operating budgets have been very tight. It has been necessary to apply almost all local revenue sources to the annual operating budget just to keep pace with service demands. This has been compounded by the elimination of Federal Revenue Sharing. In short, resources available to cities and towns for redevelopment are limited and dwindling, and no effective and flexible redevelopment tools presently exist. If new redevelopment financing vehicles are not found, deterioration and economic decline will increase, resulting in further social and economic costs. RESOLUTION #3 (continued) B. Effect of ResolutionTaxincrementfinancing provides an extremely effective tool for financing publicimprovementsforredevelopmentpurposes. This financing tool enables local government to borrow against the anticipated growthofthesedistressedareasby "freezing" their tax base and issuing tax-exemptobligationsforredevelopmentpurposesagainsttherevenuesreceivedfromtheincrementalgrowthofthebaseoverits "frozen" level. By reversing the long-termtrendofdeclineinthesedistressedareasthroughtheinfusionofpublicandprivateinvestment, the tax base of these areas will grow, and a pattern of growth andstabilitycanbeinduced. Tax increment enabling legislation was passed by the Arizona State Legislature in1977andwassubsequentlysubjectedtoaseriesofcourttests. In 1981, the Arizona Court of Appeals held that the law was unconstitutional, in part due to the court's ruling that tax increment bonds were subject to a vote of the people. Subsequent efforts in the State Legislature to place a constitutional amendment on the ballot and secure passage of accompanying enabling legislation have not been successful. Generally, the impact of tax increment financing on affected taxing jurisdictions is positive given the ultimate rise in their tax base from enhanced property values by virtue of expedited public and private investment. Prudent revenue sharing mechanisms can be established for those jurisdictions (elementary school districts or the state) that would be affected by a tax increment district. Projects that could be financed with tax increment revenues or bonds include: (1) public improvements; (2) land acquisition and clearance; and (3) a variety of commercial, residential, cultural, industrial and public facilities. National experience has shown that this financing vehicle can offer extensive benefits to both the public and private sectors in a manner that is responsive to the individual fiscal and economic climate of jurisdictions across the country. C. Fiscal Impact on Cities and Towns Positive. RESOLUTION #4APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION II, MUNICIPAL FINANCING. The section "Municipal Financing" is amended by repealing subsection EE relating toimpositionofaninitialpropertytaxlevy. Submitted by: League Staff A. Purpose of Resolution To repeal a current statement of policy relating to providing alternatives to a city or town when imposing a new property tax. B. Effect of Resolution Cities and towns were provided the authority to impose a tax in the first year, less than the maximum authorized amount, by the 1989 Legislature. C. Fiscal Impact on Cities and Towns None RESOLUTION #5APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION II, MUNICIPAL FINANCING. The section "Municipal Financing" is amended by repealing subsection GG relating toincreasingthefineforviolationofClass1misdemeanors. Submitted by: League Staff A. Purpose of Resolution To remove an obsolete section of the Policy Statement on increasing the maximum allowable fine for violation of a Class 1 misdemeanor. B. Effect of Resolution This section is no longer necessary since the Legislature passed a bill allowing such an increase during its 1989 session. C. Fiscal Impact on Cities and Towns None RESOLUTION #6APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION II, MUNICIPAL FINANCING. The section "Municipal Financing" is amended by amending subsection HH to read: HH. Urges THE STATE LEGISLATURE TO CONTINUE THE DISTRIBUTION OFLOTTERYREVENUETOCITIESANDTOWNSBEYONDJULY1, 1991 ANDTOasincreaseir the amount of lottery revenue distributed to cities andtowns. Submitted by: City of Tempe A. Purpose of Resolution The purpose of the proposed resolution is to give explicit and strong expression to the interest of cities and towns in continuing to receive a share of lottery (LTAF) funds. It is intended to reinforce, with respect to LTAF, the more general language supporting the program of state -shared revenues and opposing any reduction in those moneys contained in subsection B of this Municipal Financing section. Because of the importance of lottery dollars to municipalities and the urgency of the problem (discussed below), specific language giving clear notice that the League will seek legislative remedy to the impending loss of the municipal share is proposed. B. Effect of Resolution State statute currently provides for cities and towns to share in lottery revenues only through June, 1991; without legislation repealing or at least extending the termination date, municipalities will cease to receive lottery moneys as of July 1, 1991. Legislation providing for a five-year extension passed the Senate during the 1989 session but was never brought to a floor vote in the House. Unless legislation to continue the flow of lottery funds to cities and towns is passed during the 1990 session, a disruption in the distribution, if not a permanent discontinuance, is a real possibility (legislation passed in the 1991 session would require an emergency clause - always an iffy proposition - to be effective prior to the July, 1991 cut-off date). C. Fiscal Impact on Cities and Towns Unless legislation continuing the municipal share is secured, cities and towns will forfeit the maximum $23 million they now receive from LTAF. Since lottery funds are primarily dedicated to transportation, the loss of these revenues will likely mean that critical local transportation projects will go unfunded or moneys to finance them will have to be diverted from other services, creating an additional burden on already strained municipal budgets. In those areas where all or part of LTAF receipts go to the support of transit, the loss of the municipal share could well cripple what public transportation services are available. RESOLUTION #7APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION II, MUNICIPAL FINANCING. The section "Municipal Financing" is amended by adding a new subsection to read: URGES THE LEGISLATURE TO SUBMIT A REFERENDUM TO THE VOTERS TOCHANGETHEARIZONACONSTITUTIONTOPERMITCITIESANDTOWNSTOINCLUDETRANSPORTATIONIMPROVEMENTSUNDERTHE20PERCENTLIMITATIONONGENERALOBLIGATIONDEBT. Submitted by: City of Scottsdale A. Purpose of Resolution To provide greater flexibility to cities in allocating general obligation debt to meet their needs. Currently, state law provides that cities and towns may incur general obligation debt for all types of capital projects up to 6 percent of their assessed valuation. In addition, cities and towns may incur debt for up to 20 percent of their assessed valuation for water and sewer improvements, parks or open space. In many Arizona cities and towns, the need to fund transportation improvements is as great or greater than the need to fund the kinds of improvements currently included under the 20 percent limitation. B. Effect of Resolution This proposed amendment would not raise the overall debt ceiling for cities and towns, but rather permit them to allocate a greater share of debt to transportation improvements. To illustrate, a city with an assessed valuation of $10 million currently could float general obligation bonds for as much as $2.6 million (6 percent plus 20 percent of assessed valuation). However, under current limits, the city could devote only $600;000 to transportation improvements. If transportation were included under the 20 percent limitation, the city could devote its entire debt capacity -- $2.6 million -- or any portion of that capacity to transportation improvements. C. Fiscal Impact on Cities and Towns This change would provide greater flexibility to cities and towns in allocated bond funds for transportation improvements. However, cities and towns wishing to use a greater share of their debt capacity for transportation purposes would first need voter approval to issue general obligation bonds for transportation projects. RESOLUTION #8APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION II, MUNICIPAL FINANCING. The section "Municipal Financing" is amended by adding a new subsection to read: URGES THE LEGISLATURE TO AMEND THE STATUTORY PROVISIONENABLINGBOARDSOFSUPERVISORSTOCREATEFLOODCONTROLADVISORYBOARDSTOREQUIRETHATSUCHADVISORYBOARDSBEESTABLISHEDWITHTHEPOWERTOREVIEW, COMMENT AND ADVISE ON ALLFLOODDISTRICTACTIVITIES, OPERATIONS AND PROGRAMS OF THEDISTRICTANDSUBMITREPORTSANDRECOMMENDATIONSTOTHEBOARDOFSUPERVISORS. Submitted by: City of Tucson A. Purpose of Resolution To make flood control districts more responsive to the needs of cities and towns by requiring the formation of advisory boards which by statute include municipal representatives. B. Effect of Resolution Requiring the creation of advisory boards with specific powers will ensure a municipal voice in determining priorities for the flood control districts. Too often the focus of the districts is on unincorporated areas. C. Fiscal Impact on Citles and Towns May have a positive fiscal impact. RESOLUTION #9APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION III, PUBLIC HEALTH, SAFETY AND WELFARE. The section "Public Health, Safety and Welfare" is amended by repealingsubsectionKrelatingtocountyjaildistricts. Submitted by: League StaffA. Purpose of Resolution To remove an obsolete section from the Policy Statement relating to formation of county jail districts. B. Effect of Resolution Since the Legislature passed during its 1989 session a bill to allow the formation of county jail districts, this section of the Policy Statement is no longer necessary. C. Fiscal Impact on Cities and Towns None RESOLUTION #10APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION III, PUBLIC HEALTH, SAFETY AND WELFARE. The section "Public Health, Safety and Welfare" is amended by adding a new subsection toread: OPPOSES ANY EFFORT BYTHEAUTHORITYOFCITIESBUILDINGANDFIRECODES. Submitted by: City of Tempe A. Purpose of Resolution THE STATE LEGISLATURE TO PREEMPT OR LIMITANDTOWNSTOADOPTANDENFORCELOCAL The purpose of the proposed resolution is to express the opposition of cities and towns to any legislative effort to preempt or restrict the ability of municipalities to adopt and enforce local building and fire codes and, thus, to provide clear direction to the League staff to defend that authority before the legislature. B. Effect of Resolution No language directly addressing local building and fire code adoption and enforcement authority, except in reference to handicapped standards and extraterritorial application, is included in the Policy Statement. During the 1989 legislative session, an effort was made to preempt local building code enforcement authority with respect to board and care homes, and although the preemptive language was eventually dropped, the sponsor indicated he would try it again next session. Further, over the years there have been other attempts to erode local code authority (for example, several years ago legislation was introduced which would have preempted local regulation of adobe construction). Such legislation represents efforts to proscribe local prerogatives and could pose threats to the safety of local residents. Consequently, language clarifying the position of cities and towns is proposed. C. Fiscal Impact on Cities and Towns Legislative preemption or limitation of local building and fire code authority could conceivably reduce local staffing requirements and liability exposure. However, safety considerations and concern with the erosion of legitimate local authority outweigh, in the opinion of the City of Tempe, any potential savings. RESOLUTION #11APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION III, PUBLIC HEALTH, SAFETY AND WELFARE. The section "Public Health, Safety and Welfare" is amended by adding a new subsection toread: SUPPORTS LEGISLATION TO ESTABLISH AND ADEQUATELY FUND ASTATEWIDEAUTOMATEDFINGERPRINTIDENTIFICATIONNETWORK. Submitted by: City of Mesa A. Purpose of Resolution To assist the law enforcement community in solving crimes by replacing the existing manual system of maintaining fingerprints with an automated system of fingerprint storage, identification and retrieval. B. Effect of Resolution Establishing an automated fingerprint system that would replace the existing manual system of maintaining fingerprints on "tenprint" cards of individuals arrested for felonies and serious misdemeanors. Currently cards are transmitted to law enforcement agencies throughout the State from the central State repository operated by the Department of Public Safety. It is nearly impossible using the existing manual system to examine the over 500,000 fingerprint cards and obtain a match. Other cities and states that have established an automated fingerprint identification network have dramatically improved their clearance rate of crimes. C. Fiscal Impact on Cities and Towns Depending upon how the Legislature funds the program, there may be some fiscal impact on cities and towns. RESOLUTION #12APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION III, PUBLIC HEALTH, SAFETY AND WELFARE. The section "Public Health, Safety and Welfare" is amended by adding a new subsection toread: RECOMMENDS STATE LEGISLATION TO PROVIDE FOR ADEQUATE HEALTHANDSAFETYREGULATIONOFRESIDENTIALCAREHOMESFORTHEELDERLYWITHOUTPREEMPTINGLOCALZONING, BUILDING OR FIRE CODES. Submitted by: City of Mesa A. Purpose of Resolution There has been a growing trend toward "deinstitutionalization" for elderly people in need of specialized treatment and care. Studies indicate that people respond better to treatment, and appear to be generally happier, when living in a small group atmosphere. Currently, there are no mandatory state regulations or licensing requirements to insure the health and safety of the residents of such facilities. As a result, the quality of care provided to the residents varies greatly from home to home. This problem is occurring throughout the State. For the residential care home concept to be successful, it is necessary that the Arizona Department of Health Services license such facilities, inspect them on a regular basis and enforce uniform quality of care standards. Cities and towns are neither equipped, nor are they the appropriate level of government to insure our citizens and residents of these homes that residential care homes are operated properly. Legislation should not preempt local zoning, building or fire codes. B. Effect of Resolution To require the Arizona Department of Health Services to license, inspect and enforce quality of care standards for residential care facilities. C. Fiscal Impact on Cities and Towns There may be minimum zoning enforcement costs to those cities or towns which adopt ordinances that regulate the location and/or size of residential care facilities. The State should provide adequate funding for regulation and licensing requirements. RESOLUTION #13APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION III, PUBLIC HEALTH, SAFETY AND WELFARE. The section "Public Health, Safety and Welfare" is amended by adding a new subsection toread: SUPPORTS LEGISLATION ALLOWING LOCAL GOVERNMENTS TO REDUCE THECOSTSOFINCARCERATINGPRISONERSBYALLOWINGWIDERUSEOFHOMEINCARCERATION" AND OTHER ALTERNATIVES. Submitted by: City of Scottsdale A. Purpose of Resolution To reduce the need for additional jail facilities and reduce costs to cities and towns for incarcerating prisoners in county jails. The need to cut costs is especially important to cities and towns because of the passage of HB 2459, the county jail costs bill, during the 1989 regular session. B. Effect of Resolution Home arrest programs offer a cost-effective alternative for incarceration of non-violent prisoners who present no apparent danger to the public. Wider use of such programs could reduce jail crowding, help alleviate the need for expensive new jail facilities and hold down overall jail costs. C. Fiscal Impact on Cities and Towns Most prisoners convicted in city and town courts and housed in county jails are DUI offenders. Home arrest programs for these offenders could significantly cut costs cities and towns must pay to counties for incarceration. RESOLUTION #14APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION III, PUBLIC HEALTH, SAFETY AND WELFARE. The section "Public Health, Safety and Welfare" is amended by adding a new subsection toread: SUPPORTS LEGISLATION CLARIFYING THE AUTHORITY OF PEACE OFFICERSTOISSUECITATIONSINADJOININGJURISDICTIONSFORCIVILTRAFFICOFFENSES. Submitted by: City of Scottsdale A. Purpose of Resolution To plug an apparent loophole in state statutes created when most traffic offenses were reclassified as civil, rather than criminal, offenses. State law permits police officers to cross city/town boundaries to apprehend people for felonies and misdemeanors, but the law does not specify that officers may cross these boundaries to apprehend people for civil traffic offenses. This year, a Superior Court judge ruled that officers do not have the authority to apprehend drivers for civil traffic offenses once they have crossed into another jurisdiction. B. Effect of Resolution This legislation would ensure that police officers have the ability to pursue, stop and cite civil traffic offenders after they have crossed city/town boundaries. It would also assure that arrests for criminal offenses made during such routine traffic stops are not ruled invalid by the courts. In the Scottsdale case, for example, a DUI conviction was thrown out because the officer originally stopped the driver for speeding, a civil traffic offense. C. Fiscal Impact on Cities and Towns Negligible RESOLUTION #15APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION III, PUBLIC HEALTH, SAFETY AND WELFARE. The section "Public Health, Safety and Welfare" is amended by adding a new subsection toread: URGES THE LEGISLATURE TO REPEAL A.R.S. SECTION 13-3973 RELATING TOTHETIMEPERIODFORAFORFEITUREHEARINGONANAPPEARANCEBONDVIOLATION. Submitted by: City of Phoenix A. Purpose of Resolution An appearance bond is an undertaking by a surety to pay the clerk of the court a specified sum of money upon failure of the person released to comply with its conditions. The primary purpose of an appearance bond is to assure the appearance of the accused in court as required. Prior to the enactment of Section 13-3973, forfeiture hearings on appearance bond violations were governed by 7.6(d) of the Arizona Rules of Criminal Procedure. Under the rule, if the accused failed to appear as required, a hearing was set within 10 days to determine whether the bond should be forfeited. If appropriate, the court could then forfeit the bond and issue a bench warrant for the defendant's arrest. The rule was simple, requiring only one hearing and a 10 day wait prior to forfeiture of the bond. Section 13-3973 substitutes two hearings for the single show cause hearing and mandates a minimum wait of 100 days prior to a forfeiture rather than the 10 days previously required. As written, Section 13-3973 causes unnecessary expense, inconvenience and delay to local government and, to the extent it relieves the surety of his or her responsibility to secure the accused's appearance, undermines the very purpose of the appearance bond. It obviously is more costly to conduct two hearings when one will suffice. Furthermore, the delay in conducting the forfeiture hearing rewards the surety's lack of diligence at the local government's expense. The delay in the forfeiture hearing means the local government must wait longer to obtain its money from a forfeiture. The delay also allows the surety the luxury of waiting to see if the police will arrest the accused on the bench warrant, thereby relieving the surety of taking immediate steps to apprehend the accused and, if the police are successful in arresting the accused, relieving the surety from its obligation on the bond. This shifts the burden of apprehending the accused from the surety to already over-worked police departments. B. Effect of Resolution The proposed change in the law will reduce the unnecessary expense, inconvenience and delay to local courts and government. C. Fiscal Impact on Cities and Towns There would be a positive fiscal impact on City of Phoenix, the City Court has had an month. These hearings cost approximately the second hearing, enacted in 1989, will month or over $150,000 a year. ome cities and towns. For example in the average of 126 bond forfeiture hearings a 100.00 per hearing. Legislation requiring cost Phoenix an additional $12,600 per RESOLUTION #16APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION III, PUBLIC HEALTH, SAFETY AND WELFARE. The section "Public Health, Safety and Welfare" is amended by adding a new subsection toread: URGES THE LEGISLATURE TO ADOPT LEGISLATION WHICH WOULD PROVIDESANITATIONINSPECTORSTHEPOWEROFCITATION. Submitted by: City of Phoenix A. Purpose of Resolution With citation authority, inspectors will be better able to prevent illegal dumping from occurring and force perpetrators to take remedial action when illegal dumping has already occurred. Stricter and more timely enforcement of all provisions of local refuse ordinances with citation power will lead to a healthier, safer environment. B. Effect of Resolution Enactment of this legislation would relieve local police departments of the burden of enforcement of refuse ordinances and would allow sanitation inspectors to make a direct attack on blighting and deteriorating influences in neighborhoods. Public compliance with inspection directives would be enhanced by public knowledge that inspectors have this power. This would provide aggrieved citizens with a much more timely resolution of their problems and a higher level of governmental service. C. Fiscal Impact on Cities and Towns There will be savings in police officer time. RESOLUTION #17APROPOSED AMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION III, PUBLIC HEALTH, SAFETY AND WELFARE. The section "Public Health, Safety and Welfare" is amended by adding a new subsection toread: URGES THE LEGISLATURE TO GIVE INCREASED AUTHORITY TO POLITICALSUBDIVISIONSTOADOPTORDINANCESNECESSARYFORTHEIMPLEMENTATIONANDENFORCEMENTOFINDUSTRIALWASTEWATERPRETREATMENTPROGRAMSREQUIREDBYTHEFEDERALCLEANWATERACT. Submitted by: City of Phoenix A. Purpose of Resolution Several cities, towns and counties operate publicly -owned wastewater treatment plants POTW). These plants collect and treat raw sewage. One by-product of the treatment process is effluent. If not reused prior to discharge, the effluent is normally discharged into a stream or river bed. This discharge requires a National Pollution Discharge Elimination System (NPDES) permit from the United States Environmental Protection Agency (EPA). In essence, the NPDES permit requires the discharged effluent to be of a certain quality; it can contain only so much copper, nickel, zinc, etc. A condition of every NPDES permit is that POTW's must implement, monitor and enforce industrial pretreatment programs. Industries discharging waste into a sewer system are issued permits by the appropriate POTW. These "sewer use permits" regulate the quality of wastewater that industries can discharge into the sewer. If a POTW can control the quality of industrial wastes entering the sewer system, this helps to achieve the quality of the effluent regulated by the NPDES permit that is leaving the POTW. The pretreatment program protects the POTW, plant employees and the environment from the adverse impact that may result when toxic pollutants enter the sewer. If a POTW is not taking enforcement action against violators including the assessment of monetary penalties, then EPA asserts that a POTW is violating its NPDES permit. This could allow EPA to assess civil penalties against the POTW for up to $25,000.00 per day for each violation. Legislation is necessary to give authority to POTW's to assess, in appropriate cases, civil penalties as an additional enforcement tool against violators of pretreatment programs. B. Effect of Resolution The proposed legislation would greatly contribute to protection of wastewater quality and bring us closer toward a pollution free environment. Proper enforcement authority may lessen the need for other alternatives designed at keeping toxic substances out of the sewer. C. Fiscal Impact on Cities and Towns There would be a positive fiscal impact on cities and towns operating a POTW. Any monies received for pretreatment violations can go back into the pretreatment program to strengthen and improve it. In addition, EPA penalties against a POTW resulting from a pretreatment violator can be passed on by the POTW to the violator. Protecting the quality of wastes entering the sewer system provides for manageable sewage treatment, thereby saving dollars over the long term in not having to provide for and construct sewage treatment alternatives. RESOLUTION #18APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION III, PUBLIC HEALTH, SAFETY AND WELFARE. The section "Public Health, Safety and Welfare" is amended by adding a new subsection toread: URGES THE LEGISLATURE TO GRANT CITIES AND TOWNS THE AUTHORITYTOOWNANDOPERATEUTILITYSYSTEMS, IRRESPECTIVE OF EXISTINGFRANCHISES, PROVIDED THAT SUCH OWNERSHIP AND OPERATION DO NOTCONFLICTWITHANYCERTIFICATEOFCONVENIENCEANDNECESSITYGRANTEDBYTHEARIZONACORPORATIONCOMMISSION. Submitted by: Town of Cave Creek A. Purpose of Resolution Under current law, cities and towns which have granted franchises extending beyond the current service boundaries of a private utility, as specified in that utility's certificate of convenience and necessity, must purchase the private utility if the city or town wishes to provide service in an area not being served. This creates an undue financial hardship for a growing community. The purpose of the resolution is to make it possible, in such a limited circumstance, for a community to provide utility service to areas not being served by the private utility without incurring large expense. B. Effect of Resolution To allow cities and towns the flexibility of providing utility service in unserved areas. C. Fiscal Impact on Cities and Towns There should be a positive fiscal impact on affected cities and towns. RESOLUTION #19APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION IV, PLANNING AND URBAN GROWTH. The section "Planning and Urban Growth" is amended by adding a new subsection to read: URGES THE LEGISLATURE TO CLARIFY EXISTING STATUTES RELATING TOMUNICIPALREDEVELOPMENTPROJECTSBYESTABLISHINGCONSISTENCYINDEFINITIONANDINTENT. Submitted by: City of Glendale A. Purpose of Resolution The City of Glendale used its right of eminent domain to obtain property for a commercial redevelopment project in a designated area. This action was challenged, and the court ruled against the city. The decision made apparent the inconsistencies in intent, definition and application procedures in current law for residential/commercial/industrial redevelopment purposes. B. Effect of Resolution Redevelopment, community and rehabilitation efforts are supported under the Planning and Urban Growth section of the Municipal Policy Statement. By amending existing statutes on redevelopment, the intent of the policy position would be sustained and enhanced. Clarification would remove the impediment for future city/town redevelopment projects. C. Fiscal Impact on Cities and Towns Each proposed project would determine a city or town's potential fiscal impact. RESOLUTION #20APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION IV, PLANNING AND URBAN GROWTH. The section "Planning and Urban Growth" is amended by amending subsection A to read: A. Supports legislation which would implement a comprehensive land useplanningprogramwhichwouldextendtocitiesandtownsadditionalauthoritytoadequatelymanagetheurbanenvironment. Such legislation shouldincludeauthorizationforarchitecturaldesignreviewandcontrol, amortizationofnonconforminguses, develepment agfflemente-, AND the dedication of landforpublicuses Submitted by: League Staff A. Purpose of Resolution The purpose of the resolution is to remove language no longer necessary from the Policy Statement. With passage of the Community Facilities District act including the authority for development agreements, the Legislature has granted this authority. B. Effect of Resolution To remove obsolete language from the Policy Statement. C. Fiscal Impact on Cities and Towns None RESOLUTION #21APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTIONIV, PLANNING AND URBAN GROWTH. The section "Planning and Urban Growth" is amended by repealing subsection Yrelatingtotoolsforcommunityconservationandrehabilitationefforts. Submitted by: League Staff A. Purpose of Resolution The purpose of the resolution is to remove a repetitive and duplicative subsection from the Policy Statement. Particularly with the proposed amendment to subsection U in the section on "Municipal Financing", this subsection is no longer necessary. B. Effect of Resolution To remove an unnecessary subsection from the Policy Statement. C. Fiscal Impact on Cities and Towns None RESOLUTION #22APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION VI, INTERGOVERNMENTAL RELATIONS. The section "Intergovernmental Relations" is amended by adding a new subsection to read: URGES THE LEGISLATURE TO ENACT LEGISLATION TO ASSURE EXCELLENCEINEDUCATIONFORTHESTATEOFARIZONA. Submitted by: City of Phoenix A. Purpose of Resolution Quality education is essential if Arizona is going to maintain its quality of life and stay economically competitive. Community leaders recognize that they cannot attract quality employees if those employees cannot send their children to quality schools, and there will be no quality employees tomorrow without good schools today. In the report issued by the Phoenix Commission on Excellence in Education, Public Education in Phoenix, A Call to Action, the Commission shared the concern of the Carnegie Forum on Education and the Economy, which declared that the cost of our present failure to educate all children will be "a steady erosion in the American standard of living, with a growing number of permanently unemployed and underemployed people seriously straining our social fabric". A 1988 survey on "Education in Arizona" commissioned by Arizona Public Service, indicated that 48% of over 160 leaders in business, government, and education rated education as the most important issue facing the State. Further, 87% of those leaders believed a quality educational system was important to bringing jobs and industry into Arizona. B. Effect of Resolution Insure the workforce needs of business and industry and contribute to the future of the quality of life in Arizona. C. Fiscal Impact on Cities and Towns Positive RESOLUTION #23APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION VII, PUBLIC EMPLOYEES. The section "Public Employees" is amended by amending subsection G to read: G. Urges the Legislature to INITIATE A study OF the method of determiningemployercontributionstothestateretirementsystem. THE STUDY SHOULDRECOMMENDPOSSIBLECHANGESTOTHELEGISLATUREBYDECEMBER, 1990. Treating each individual employer as a separate actuarialunitinamannersimilartothePublicSafetyPersonnelRetirementSystemshouldbeoneofthemethodsstudied. Submitted by: City of Scottsdale xmxxmx=xxxxm: A. Purpose of Resolution To prompt the Legislature to study a fairer system of determining employer and employee contributions to the state retirement system, so that different employers within the system bear their proportionate share of the financial burden. The amendment to the original subsection sets a time limit on the study, in order to encourage the Legislature to act on this idea during the 1990 regular session. Under the current system, cities, counties, school districts and state agencies are lumped together as a single actuarial unit. Evidence suggests that a smaller percentage of municipal employees receive retirement benefits from the system than employees in other groups, particularly school teachers. If municipal employers were treated as separate actuarial units, their contribution rates might decline. B. Effect of Resolution Employers whose workforces tend to have higher rates of turnover may be, in effect, subsidizing those who have more employees taking retirement from the system. If the study finds this to be true, it could suggest changes ensuring that each employer -- and each group of employees -- pays a fair share. C. Fiscal Impact on Cities and Towns Unknown. Contribution rates for cities and towns may decline, depending on changes suggested by the study. The goal would be to ensure that costs to cities and towns more nearly reflect the actual cost of maintaining the retirement system for their employees. RESOLUTION #24APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION VII, PUBLIC EMPLOYEES. The section "Public Employees" is amended by adding a new subsection to read: SUPPORTS LEGISLATION TO ALLOW CITIES AND TOWNS TO WITHDRAWFROMTHEARIZONASTATERETIREMENTSYSTEMATTHEIROPTION. Submitted by: Town of Wickenburg A. Purpose of Resolution A number of cities and towns currently participating in the state retirement plan have become disenchanted with this retirement program. The primary reason for this disenchantment is the lack of control cities and towns have over the policies governing the plan, which are established by the Legislature and the retirement board. In addition, compared to other governmental entities, fewer people retire from cities and towns. As a result, these cities and towns end up subsidizing other participants in the retirement plan because the funding for the program is on a pooled basis. B. Effect of Resolution To allow cities and towns to withdraw from the state retirement plan. C. Fiscal Impact on Cities and Towns May allow cities and towns to join retirement programs that are less costly. RESOLUTION #25APROPOSEDAMENDMENT TO THE 1989 MUNICIPAL POLICY STATEMENT, SECTION X, TRANSPORTATION. The section "Transportation" is amended by repealing subsection K relating to priorrightsandrelocationofmunicipalutilities. Submitted by: League Staff A. Purpose of Resolution To remove an obsolete section from the Policy Statement relating to payment by the state of utility relocation costs for municipally owned utilities. B. Effect of Resolution Since the Legislature passed such a law during its 1989 session, this section is no longer necessary. C. Fiscal Impact on Cities and Towns None SPECIAL RESOLUTION #1WHEREAS, the Legislature mandates increasing types, kind and levels ofservicesonlocalgovernments, such as cities, towns and counties, without providing forfundingforthosemandates; andWHEREAS, city and town residents pay for many services not receivedincludingthefollowing: county services provided only in unincorporated areas, andcountyservicesprovidedinincorporatedcitiesandtowns only with anadditionalchargetocityandtownresidentsforsuchserviceswhichcountytaxesalreadypayfor; and WHEREAS, the double charging of city and town residents for certain county - provided services relegates county residents living within city or town limits to the level of second-class citizens; NOW THEREFORE BE IT RESOLVED, that the cities and towns of Arizona shall through the initiative process seek a constitutional amendment for presentation to the citizens of Arizona which would preclude state government from imposing mandatory services without providing funding and prevent counties from mandating additional sums from cities and towns for county services which are provided at no extra cost to county residents in unincorporated areas. Submitted by: City of Yuma SPECIAL RESOLUTION #2WHEREAS, the 1990 Census is important to the State for economic reasonsasmillionsoffederaldollarsaredistributedtothestatesbasedinpartonpopulation; and, WHEREAS, the 1990 Census is also important to Arizona as the State mayreceiveuptotwoadditionalCongressionalDistrictseatsifthereisanaccuratecountofallArizonaresidents; and, WHEREAS, some communities, like the City of Phoenix, are conductingspecialeffortstocountindividualswhomayhavebeenmissedinpreviouscensuscounts; NOW THEREFORE BE IT RESOLVED, that the cities and towns of ArizonaurgetheLegislaturetosupporttheeffortsoflocalgovernmenttogetmaximumparticipationinthe1990Census. Submitted by: City of Phoenix