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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 5/26/2020 (3)City of Glendale 5850 West Glendale Avenue Glendale, AZ 85309 Glendale A R I Z O N A Meeting Minutes Tuesday, May 26, 2020 12:30 P.M. Workshop Meeting Civic Center City Council Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Jamie Aldama Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner CALL TO ORDER Mayor Weiers called the meeting to order at 12:30 p.m. ROLL CALL Present: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Absent: Councilmember Jamie Aldama Councilmember Bart Turner Also Present: Kevin Phelps, City Manager Michael Bailey, City Attorney Julie K. Bower, City Clerk Vicki Rios, Assistant City Manager Councilmember Turner arrived at 12:33 p.m. after the roll was called. WORKSHOP SESSION 1. COUNCIL ITEM OF SPECIAL INTEREST ON WORKERS' COMPENSATION AND PRESUMPTIVE CANCER Presented by: Rick St. John, Interim Deputy City Manager R. Todd Lundmark, Esq., Lundmark, Barberich, LaMont & Slavin, P.C. Dianne Shoemake, Risk Manager Ms. Bower read the item by title. Mr. St. John said the presentation was for information purposes only and did not require consensus. Mr. Lundmark provided an overview of workers' compensation, the process of analyzing claims and changes due to legislation. Ms. Shoemake reviewed the City's process on how to file a claim for injury and how to begin a presumptive cancer claim. Mr. St. John said the City's contract with CorVel had been extended pending the completion of the bidding process. He anticipated a contract would be ready for Council approval in August. Mr. Lundmark said claims decisions were based on several factors including medical concerns. Accepted claims had to be within the boundaries of coverage. Mr. St. John reviewed the City's efforts to protect fire fighters which included state-of-the-art equipment, training, and ongoing decontamination and cleansing process efforts. Councilmember Clark recalled the presumptive cancer claim that was in the media. She asked who originally denied the claim. Mr. St. John said after investigation, CorVel made the recommendation whether to accept or deny City Council Meeting Minutes - May 26, 2020 Page 2 of 12 a claim. Councilmember Clark said it was CorVel's recommendation. Ms. Shoemake said that was correct. Risk Management and Mr. Lundmark were consulted before the final decision. Councilmember Clark asked how the issue was resolved. Mr. St. John said the employee filed an appeal and during consultation with the Industrial Commission of Arizona (ICA), the City was informed that it had authority not to accept CorVel's recommendation and the claim was accepted. Councilmember Clark asked on what basis was the original claim denied. Mr. St. John said the original investigation determined there was no direct medically proven relation between the employee's cancer and his job. Councilmember Clark asked if the employee had access to medical insurance. Mr. St. John said the employee had medical insurance through the City. Councilmember Clark asked if the employee was covered while the case was under investigation. Mr. St. John said the employee utilized City -provided medical insurance. Councilmember Tolmachoff asked how many physicians were used to review the data and how the physicians were chosen. Ms. Shoemake said an analysis was done to determine the physician who was the best fit for the illness or injury and was capable of conducting an analysis. Councilmember Tolmachoff asked if the ohysicians were paid to participate. Ms. Shoemake said the physicians were paid by CorVel through the contract with the City to conduct medical analysis. Councilmember Tolmachoff asked what process was in place to determine the exposure of a fire fighter. Mr. St. John said an exposure report was completed each day by each fire fighter or police officer. The exposure reports were maintained throughout employment with the City. A fire investigation determined exposure and reports were amended as needed after the investigation. Councilmember Tolmachoff asked how equipment was maintained or replaced. Mr. St. John said most personal equipment was exchanged after every fire. The hoses and trucks were also decontaminated. Councilmember Tolmachoff asked if the truck was decontaminated before going back to the fire station. Mr. St. John said all equipment was washed and clean before returning to the "warm zone" or the bay of the fire station. City Council Meeting Minutes - May 26, 2020 Page 3 of 12 Councilmember Tolmachoff asked if police officers were used for crowd control on large fires. Mr. St. John said that was correct. There was a new understanding of the use of protective wear and self-contained breathing apparatus (SCBA) and where officers could safely be with minimum exposure to fires. Councilmember Tolmachoff said it was the City's responsibility to take care of fire and police employees. She acknowledged funding issues and the difficulty of determining the timeline of an exposure. Mayor Weiers asked if the City had been responsive to providing additional turn -out equipment and if equipment had been upgraded. Mr. St. John said the City was one of the first to provide dual turn -out equipment to firefighters. Equipment was researched and additional training and accountability peer-to-peer kept the fire station as clean as possible. A station design meeting was held at the Glendale Regional Public Safety Training Center (GRPSTC) with other Valley fire departments. There was a plan to update each of the fire stations within the City with the new design features. Mayor Weiers asked what features would be added to the updated fire stations. Mr. St. John said employees would decontaminate themselves and the truck before entering the bay. There would be a secondary decontamination before entering the living quarters of the station. Vice Mayor Malnar asked if cost increases were anticipated for the City's workers' compensation system with the presumptive cancer legislation. Mr. St. John said it was difficult to determine the potential costs. The system needed to change so that when legislation passed, the City would be financially prepared. Vice Mayor Malnar hoped a self-sustaining economic model could be developed with the State. Councilmember Turner asked if the fire fighters and police officers were covered under the same insurance as other City employees. Mr. St. John said that was correct. Councilmember Turner asked for an explanation of the difference between medical insurance and workers' compensation insurance. Ms. Shoemake said if a medical claim was accepted through the City's medical insurance but was later accepted by workers' compensation, any copays or out-of-pocket costs were reimbursed. Councilmember Turner said while a claim was under investigation, the employee was covered under the City's medical plan. Ms. Shoemake said that was correct. Councilmember Turner asked if the City had a program for income replacement. James Brown, Human Resources Director, said the City had short and long-term disability City Council Meeting Minutes - May 26, 2020 Page 4 of 12 coverage. Councilmember Turner asked what amount was covered by the City's self-insurance and was there a program that took over after a certain dollar amount was reached. Ms. Shoemake said the amount set aside for known claims and new claims was based on historical data and contingency funds were available if needed. The City's current deductible was $1 million for each injury accident or disease. The deductible was increased to $2 million in the next fiscal year. Councilmember Turner asked if the 21 -day claim investigation period should be extended to allow for an informed decision. Ms. Shoemake said the time period was set by statute. If a decision could not be made within the time frame, a denial was issued and updated once the investigation was completed. Councilmember Turner asked how a cancer claim would be handled by an employee that worked in several different cities for long periods of time. Ms. Shoemake said the statue required a fire fighter to work for a city for 5 years in order to be eligible for presumptive cancer. Researching the work history helped determine where the exposure originated. Councilmember Turner asked if the blanket term "presumptive" was related to the proposed legislation. Mr. St. John said that was correct. Councilmember Turner hoped that if the mandate moved forward, there would be a statewide financial solution to the problem. 2. DISCUSSION REGARDING AUTHORIZATION TO ENTER INTO A FRANCHISE AGREEMENT WITH EPCOR WATER ARIZONA INC. Presented by: Donald Bessler, PWLF, Chief Capital Improvement Officer Ms. Bower read the item by title. Mr. Bessler provided background information on the proposal to develop a franchise agreement with Edmonton Power Corporation (EPCOR). Vice Mayor Malnar asked where the projected revenue of $400,000 would be utilized. Mr. Phelps said the revenue would be appropriated based on Council priorities. Vice Mayor Malnar asked if the funds went into the General Fund. Mr. Phelps said that was correct. Councilmember Tolmachoff asked if EPCOR had franchise agreements with the County or other cities. Mr. Bessler said EPCOR had a similar agreement with the City of Scottsdale. City Council Meeting Minutes - May 26, 2020 Page 5 of 12 Councilmember Tolmachoff asked if the franchise agreement essentially allowed EPCOR to use City rights-of-way. Mr. Bessler said that was correct and allowed EPCOR to serve customers. Councilmember Turner asked if it was the City's first franchise agreement with EPCOR. Mr. Bessler said the City did not have an existing franchise agreement with EPCOR. 3. DISCUSSION OF COMMUNITY DEVELOPMENT BLOCK GRANT AND CARES ACT FUNDING Presented by: Jean Moreno, Interim Director, Community Services Matt Hess, Community Revitalization Administrator Ms. Bower read the item by title. Ms. Moreno provided a review of the CARES Act COVID-19 funding proposal for community programs and requested Council consensus regarding funding investments and a review of the FY20-21 allocations to determine whether previously determined investments should be made in different areas. The overview included: • Program Funding Sources • Important Waivers • COVID-19 Community Concerns • Proposed FY2021 & CARES Act Investments • Proposed Updates to Consolidated Plan Goals • Next Steps Mr. Hess presented an overview of the program funding sources. Councilmember Tolmachoff asked if staff wanted to extend the Tenant Based Rental Assistance and Rapid Re -Housing Program beyond 24 months. Mr. Hess said, depending on the client's need, the client was eligible for assistance beyond 24 months. The preference was to obtain permanent housing. The goal was to get clients off of assistance. Ms. Moreno added the Tenant Based Rental Assistance (TBRA) through HOME allowed for lease agreements up to 24 months. It could be renewed beyond the 24 months if the client was still in need of assistance and permanent housing was not available. Councilmember Tolmachoff asked if check -ins were done to verify clients were participating and not taking advantage of the program. Ms. Moreno said that was correct. Councilmember Tolmachoff asked how many requests for eviction and foreclosure requests had been received and had the funds been exhausted. Ms. Moreno said 650 applications were in process through the State. If additional funding was not provided, more funding would be needed but other funding options were available. The programs were designed for payments to be made directly to the landlord or mortgage company, not the client. Councilmember Clark asked how much would be allocated to single-family rehab services. City Council Meeting Minutes - May 26, 2020 Page 6 of 12 Ms. Moreno said staff had recommended a change to the FY20-21 funding award for single-family rehab to $742,000 to be used towards the crisis assistance. She said there was still funding available through old funds within programs from prior unspent years. Councilmember Clark asked if unspent funds from prior years could be moved to the eviction prevention program. Ms. Moreno said staff would determine if that was possible. Mr. Hess said discussions for the FY21-22 applications began in the fall. It was an opportunity to review the accomplishments and make necessary adjustments. Councilmember Clark wanted to avoid repairs that were not critical and use the funding to keep as many people in their homes as possible. Ms. Moreno said the goal for the FY21-22 funding process was to better align with goals. Councilmember Clark asked Council to consider holding a workshop to discuss a request for proposals type process to define Council goals. Councilmember Tolmachoff agreed with Councilmember Clark on the topic of rehab funding. She asked if emergency repairs would only be considered. Ms. Moreno would review the waitlist for projects that were in process and would provide a follow up. Councilmember Tolmachoff was in support of the proposed business assistance program. Councilmember Clark asked how the City could be sure that the Homeless Assistance Programs benefited Glendale homeless. Ms. Moreno said there was a direct benefit to Glendale. The homeless located in Glendale worked on City projects and properties. With the ongoing success of the program, it was hoped that private entities would get involved and lessen the City's investment. Councilmember Turner asked what funding was needed from emergency funds for the Glendale Works Program. Ms. Moreno said the proposal asked to reaffirm the allocation for Emergency Solutions Grants Program (ESG) of $22,762 and Community Development Block Grant (CDBG) funds of $63,000 for FY20-21, as well as the Landfill's $50,000. The previous allocation in the General Fund for $60,000 was eliminated and $210,000 of the CDBG-COVID funding was awarded for program expansion which provided cost savings in regards to labor costs. Councilmember Turner asked if the program grew from $60,000 to $345,916. Ms. Moreno said that was correct. Councilmember Turner expressed concern regarding the size of the program. He asked if work would continue to be done throughout the community as well as at the landfill. Ms. Moreno said partnerships with the Parks Department would continue. If there was Council consensus, work could be done in areas throughout the community. The purpose of the program City Council Meeting Minutes - May 26, 2020 Page 7 of 12 was to address the homeless issue and maintain problem areas. Councilmember Tolmachoff supported the program but was concerned about its size. Follow up information on the process had not been provided to Council. She was concerned about funding the Phoenix Rescue Mission at a high level and then in the next fiscal year, returning the program to its normal funding level. Ms. Moreno said the proposal included 20,000 hours of labor for the City. With Council consensus, an updated service agreement with Phoenix Rescue Mission would be done. A workshop could be held for a deep dive into the program concept. Councilmember Tolmachoff asked how staff knew if the participants were from Glendale. Mayor Weiers said the participants were in Glendale and were looking for work. Councilmember Tolmachoff asked if the homeless were coming to Glendale for the work. She asked if labor hours or services had been increased. Mayor Weiers said the hours had doubled to 20,000. Councilmember Tolmachoff asked how many hours were allotted during the previous year. Ms. Moreno said it was approximately 10,000 hours. Councilmember Tolmachoff asked how much the funding was increased. Ms. Moreno said program funding was increased by $150,000 to provide additional services. Councilmember Tolmachoff confirmed that the funding was not only for the Glendale Works program. Mr. Hess said that was correct. Mayor Weiers suggested a workshop for an update on the program and accomplishments. There were opportunities for the program to grow with the help of the private sector. Ms. Moreno asked if the Council would like the update before providing direction or whether it could be provided at a later date. Mayor Weiers did not need a presentation before providing a direction but felt it benefited the Council for an update at some point. Vice Mayor Malnar and Councilmember Clark agreed. Councilmember Turner recalled an overview provided during the budget discussions. He reiterated his previous comments. Mayor Weiers said the Phoenix Rescue Mission was willing to participate in projects throughout the City and other aspects of the program. Mayor Weiers asked to move onto the sixth proposal. Councilmember Tolmachoff asked if training would be held on-site or at other educational institutes. City Council Meeting Minutes - May 26, 2020 Page 8 of 12 Ms. Moreno said staff hoped it would be a dual approach with services provided within City facilities. Councilmember Tolmachoff asked if funding could be provided to transport participants to other programs. Ms. Moreno would review the CDBG eligibility requirements to determine if that would be possible. Councilmember Tolmachoff said a partnership with Western Maricopa Education Center (West -MEC) would be beneficial but was not sure if West -MEC programs could be brought to a recreation center. Vice Mayor Malnar supported providing the program at the community centers in conjunction with the after-school programs. Councilmember Clark did not support investments in technology unless efficiency could be proven and all costs were identified up front. Ms. Moreno agreed that ongoing costs should be managed within regular administrative funding. The request for consensus was to set aside funds to research opportunities and solutions. Vice Mayor Malnar said in order to keep the frustration level down, the investment was a necessity. Councilmember Tolmachoff asked where the elevator repair at Glencroft fit in identified goals. Ms. Moreno said it fit within the increased livability of neighborhoods, specifically Americans with Disabilities Act (ADA) and infrastructure investments. It was a safety concern and the CDBG funds addressed that portion of it. The increased livability of neighborhoods addressed the ability to complete ADA projects. The project also fit into the increased supply of decent affordable housing. Councilmember Tolmachoff did not know what the funds could be used for since the economy had changed and was not sure it was the best use of the funds. Ms. Moreno would provide additional information to Council. The elevator was an eligible activity area for construction for multifamily rehab through CDBG as well as a health and safety issue. If it was not an urgent issue, the item would be brought back to reallocate the funding. Councilmember Clark agreed with Councilmember Tolmachoff regarding the necessity of the elevator repair. Councilmember Turner said the elevator repair was a legitimate request. Ms. Moreno asked for Council consensus to review the Glencroft funding. Mayor Weiers requested more information on the elevator. Mayor Weiers said the consensus was to leave the Glencroft elevator as a placeholder and provide more information at the future workshop. City Council Meeting Minutes - May 26, 2020 Page 9 of 12 4. BUSINESS LICENSING CODE REVIEW Presented by: Vicki Rios, Assistant City Manager Lisette Camacho, Director, Budget and Finance Ms. Bower read the item by title. Ms. Rios provided information on City business licensing, policy recommendations and asked for Council consensus to move forward. City business licensing was within Chapter 21 Article 3 of the City Code. It was not the Transaction Privilege Tax (TPT) Licensing, which was through the State. The Business Council Committee held three meetings and had recommended the proposed changes. Mayor Weiers said businesses were currently required to have a business license for completing work in the City even if the business was not located within the City. The proposal was to change the license requirement to only businesses located within the City. Ms. Rios said that was correct. Vice Mayor Malnar asked if the $147,350 revenue for businesses not located in the City was gross or net revenue. Ms. Rios said it was gross revenue and did not consider the processing or maintenance of the licenses. Vice Mayor Malnar said it covered the cost. Ms. Rios said that was correct. The primary purpose of a business license was to route applicants through City processes upon opening a business. Councilmember Turner asked if a vending machine business with machines in Glendale and other cities was considered to be within the City. Ms. Camacho said vending machines were covered by State statue. Councilmember Turner asked if every business had to be licensed somewhere. Ms. Rios said several cities did not require a business license. If the activity was taxable in Glendale, the business should have a TPT license. Ms. Rios requested Council consensus to move forward with the changes to the City Code. There was Council consensus to move forward. CITY MANAGER'S REPORT No report CITY ATTORNEY'S REPORT No report City Council Meeting Minutes - May 26, 2020 Page 10 of 12 COUNCIL ITEMS OF SPECIAL INTEREST None MOTION AND CALL TO ENTER INTO EXECUTIVE SESSION A motion was made by Vice Mayor Ray Malnar, seconded by Councilmember Joyce Clark to hold an executive session. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Other: Councilmember Jamie Aldama (ABSENT) Passed EXECUTIVE SESSION Council entered into executive session at 4:03 p.m. for discussion and or consultation, to consider its position, and to provide instruction / direction regarding the appointment process of the Presiding Judge and discussion/consultation for legal advice with the City Attorney pursuant to A.R.S. §38-431.03(A)(1)(3) and discussion / consultation with the City Attorney and City Manager to receive an update, to consider its position, and to provide instruction/direction to the City Attorney and City Manager regarding Glendale's position in connection with Employee Health Benefits pursuant to A.R.S. §§38-431.03 (A)(3)(4). A motion was made by Councilmember Ian Hugh, seconded by Councilmember Lauren Tolmachoff to adjourn the executive session. AYE: Mayor Jerry Weiers Vice Mayor Ray Malnar Councilmember Joyce Clark Councilmember Ian Hugh Councilmember Lauren Tolmachoff Councilmember Bart Turner Other: Councilmember Jamie Aldama (ABSENT) Passed Mayor Weiers adjourned the executive session at 4:52 p.m. ADJOURNMENT Mayor Weiers adjourned the meeting at 4:52 p.m. City Council Meeting Minutes - May 26, 2020 Page 11 of 12 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 26th day of May, 2020. 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 30th day of June, 2020. �)uidl<. Bower, MMC, City Clerk City Council Meeting Minutes - May 26, 2020 Page 12 of 12