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Pursuant to A.R.S. § 38.431.02, notice
is hereby given to the members of the City Council and to the general public
that the City Council will hold a meeting open to the public on Tuesday, June 23, 2009, at 2:00 P.M.
located in the City Council Chambers, 200
West Jefferson, Phoenix, Arizona.
Council members may participate by telephone. As indicated in the Agenda, the City
Council may vote to go into Executive Session, which will not be open to the
public, for the purpose of discussing those matters listed on the Agenda.
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THE TIMES LISTED
FOR AGENDA ITEMS ARE ESTIMATED. ITEMS MAY
BE DISCUSSED EARLIER OR IN A DIFFERENT SEQUENCE.
Action Taken:
Mayor Gordon called
the meeting to order at 2:20 p.m. Vice
Mayor Simplot and Council members Mattox, DiCiccio, Johnson,
and Nowakowski were present. Councilwomen Neely
and Williams joined the meeting at 2:25 p.m.
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ESTIMATED
1. 2:00
P.M.-
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COUNCIL INFORMATION AND
FOLLOW-UP REQUESTS.
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This item is scheduled to give City Council members an
opportunity to publicly request information or follow-up on issues of interest
to the community. If the information is
available, staff will immediately provide it to the City Council member. No decisions will be made or action taken.
Action Taken:
There were no
information requests.
CONSENT AGENDA.
This item is scheduled to allow the City
Council to act on the Mayor’s recommendations on the Consent Agenda. The Consent Agenda has been publicly posted.
Action Item:
Vice Mayor Simplot moved approval of items in the Consent Agenda. Councilwoman Neely
seconded the motion, which passed unanimously.
CALL FOR AN EXECUTIVE SESSION.
A vote to call an Executive Session may be held.
Action Taken:
Vice Mayor Simplot moved that the Phoenix City Council, pursuant to
Arizona Revised Statutes, Section 38-431.02.A, meet in Executive Session on
Tuesday, June 30, 2009 at 1:00 p.m., Tuesday, September 8, 2009, at 1:00 p.m.
and Tuesday, September 15, 2009, at 1:00 p.m. in the East Conference Room, 12th
Floor of the Phoenix City Hall, 200 West Washington Street, Phoenix,
Arizona. Councilwoman Neely
seconded the motion, which passed unanimously.
REPORTS AND BUDGET UPDATES BY
THE CITY MANAGER.
This item is scheduled to allow the City Manager to report
on changes in the City Council Agenda and provide brief informational reports
on urgent issues. The City Council may
discuss these reports but no action will be taken.
Action Taken:
Frank Fairbanks, City Manager, stated there was no report
on the budget at this time. Mr.
Fairbanks stated there will be multiple add-ons to the Formal Council Agenda
being the Council summer recess is approaching.
Mr. Fairbanks stated the add-ons will allow staff to continue work
throughout the Council summer break.
Mayor Gordon inquired about the most recent sale tax
numbers. Mr. Fairbanks responded the
numbers reflect the same dismal trend in collections. Mr. Fairbanks stated collections were down 13
percent from the same month last year; however, the positive is that the
numbers seemed to stabilize.
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ESTIMATED
*2. 2:30 P.M.-
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PHOENIX
- 2009 ALL-AMERICA
CITY
AWARD WINNER
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Staff: Naimark, Brodsky
(Presentation 10 min.)
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The Mayor and Council will recognize those who helped the
City of Phoenix earn an All-America
City Award from the National Civic League.
This item is for Informational only. No City council action is required.
Action Taken:
Rick Naimark, Deputy City
Manager, introduced the item stating the City of Phoenix
is one of ten to win the 2009 All-America City Award. Mr. Naimark stated
this year marked the 60th anniversary of the All-America City Award
and the fifth Phoenix win. Mr. Naimark stated
the City of Phoenix won the award
in 1950, 1958, 1979, 1980, 1989, and 2009.
Mr. Naimark noted no city has ever won the
award six times, and Phoenix is one
of a few to win the award five times.
Mr. Naimark stated the Phoenix
team had over sixty people and included staff, community activists, students,
and local business partners. Mr. Naimark stated the competition was based on a ten-minute
presentation and had to be focused on citywide innovation and measurable
results. Mr. Naimark
stated the Phoenix team presented
on access to education, the 24-hour downtown core, the Parks and Preserve
Initiative, and teen space at Phoenix Public Libraries. Mr. Naimark stated
more than 100 applications were received, 32 were invited to Florida
for the final presentation, and 10 were given the title All-America
City.
Jon Brodsky, of the Public Information Office, stated Phoenix
was represented by a very diverse team of staff, residents, students, and
business owners. Mr. Brodsky stated the
presentation was to last no longer than ten minutes, address how the City has
turned challenges into opportunities, and be completely low-tech. Mr. Brodsky added Phoenix
was the first of 32 cities to present.
Mr. Brodsky expressed his thanks to the All-America
City judging panel, City of Phoenix
staff, and City Council for all of their hard work and support in cultivating a
great presentation.
Mayor Gordon inquired about the early morning presentation. Mr. Brodsky replied the team did a phenomenal
job, and their presentation was unique in that it included real life
examples. Mr. Brodsky added that the
team also did very well in responding to questions from the judging panel.
Mayor Gordon inquired about funding for the
presentation. Mr. Brodsky replied
stating no tax dollars were used for any expenses, but rather sponsorships came
from local partners. Mr. Brodsky stated
these partners include US Airways, FedEx Express, SuperShuttle,
the Greater Phoenix Convention & Visitors Bureau, and the Downtown Phoenix
Partnership. Mr. Brodsky added the Phoenix
Parks and Conservation Foundation,
Friends of the Phoenix Public Library, ASU Downtown Phoenix Campus, and the University
Of Arizona College Of Medicine – Phoenix
in Partnership with ASU also supported the Phoenix
team.
Frank Fairbanks, City Manager, expressed his thanks to
staff for their effort in putting together the application and subsequent
presenting materials. Mr. Fairbanks
praised the work conducted by community partners and noted that Phoenix
has a history of doing great things in challenging times.
Councilman Nowakowski expressed
his thanks to staff and volunteers who worked to share the positive testimony
of Phoenix.
Councilman Johnson expressed his thanks to all who were
involved in helping Phoenix receive
the All-America City Award for the sixth time.
Councilman Johnson stated he was proud to be a part of this City and
looks forward to winning again soon.
Mayor Gordon stated the award is presented to the entire
City for decades of hard work. Mayor
Gordon added the All-America City
title will be extremely beneficial in future grant applications and other
marketing tools for the City. Mayor
Gordon presented City Manager Frank Fairbanks with a signed and framed copy of
the 2009 All-America City Award.
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ESTIMATED
3. 2:40 P.M.-
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SHOPPING CART RETRIEVAL PROGRAM
UPDATE
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Staff: Naimark, Miller
(Presentation 10 min.)
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This report provides the City Council with an updated
assessment of the citywide Shopping Cart Retrieval program and requests
authorization to continue the program as a cost-recovery service through fiscal
year 2009-10.
This item is for information, discussion and possible
action.
Action Taken:
Rick Naimark, Deputy City Manager, introduced the item stating
this report will provide the City Council with an updated assessment of the
citywide Shopping Cart Retrieval program.
Mr. Naimark added staff is requesting
authorization to continue the program as a cost-recovery service.
Jerome Miller,
Neighborhood Services Director, stated as a means to turn challenges into
opportunities, staff was charged with finding a cost-neutral way to eliminate
shopping cart blight in neighborhoods.
Mr. Miller stated after years of hard work and City Council support
staff believes they have found that program and would like to continue this
service for another year pending ongoing cost recovery.
Tim Boling, Deputy
Neighborhood Services Director, stated unidentified and maintained shopping carts
cause traffic problems and blight throughout the City of Phoenix. Mr.
Boling stated the Shopping Cart Retrieval Program was implemented June 4,
2007 and started
off with a 30-day education campaign to retailers encouraging them to take
advantage of available cart retrieval services and other mechanisms to retain
carts on their property. Mr. Boling
added Arizona Cart Retrieval Service was selected as the lead contractor and
was designated to hold the City financially harmless. Mr. Boling stated that the cart retrieval
program sought to have properly marked carts retrieved by the store within 72
hours, improperly marked carts returned to the store and billed a $20 per cart
assessment fee, and unidentified/unclaimed carts impounded. Mr. Boling stated 9,000 carts were retrieved
in the first year and 4,352 carts have been retrieved to date this fiscal
year. Mr. Boling added that shopping
cart complaints average around 111 per month, the program has an approximate 94
percent collection rate, the number of billable carts has steadily decreased,
and the entire program is recovering 97 percent of its expenses. Mr. Boling stated staff is recommending the
City continue the Shopping Cart Retrieval Program for another year pending it
continues to recover its operating costs.
Mr. Miller stated
shopping carts are the responsibility of the business and is positive that the
City can continue to recover all of its operational costs with an ongoing
education campaign directed towards business owners.
Vice Mayor Simplot thanked staff for their presentation and stated
that this program has quickly grown in residential popularity for all it does
to improve neighborhoods.
Councilman Mattox
thanked staff for their work and all that they are doing to keep communities
clean. Councilman Mattox also praised
the education campaign noting the decrease in shopping cart complaints to
Council offices.
Mayor Gordon
expressed his thanks and appreciation to staff.
Vice Mayor Simplot moved for approval of the agenda item. Councilman Mattox seconded the motion which
passed unanimously.
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ESTIMATED
4. 2:50 P.M.-
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STATE LEGISLATIVE UPDATE
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Staff: Fairbanks, Peters
(Presentation 10 min.)
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This report seeks approval, guidance, and direction from the
Mayor and Council on state legislation of interest to the City. The attachment provides additional budget
information.
This item is for
information, discussion and possible action.
Action Taken:
Karen Peters, Government Relations Director, introduced the
item stating there are seven days left in the legislative session and a budget
for the next fiscal year has yet to be passed.
Ms. Peters stated bills have started to move through the legislature at
a quick pace and noted that staff is working diligently to keep up as the bills
continue to move. Ms. Peters stated
staff recommends the City of Phoenix
support SB 1048: Emergency Telecommunication Services; Administrative Costs, HB
2551: Criminal Damage; Classification, HB 2530: Reckless Driving; Prior
Convictions, HB 2465: Scrap Metal. Theft; Dealers, SB 1403: Renewable;
High-Wage Industries Incentive, HB 2269: Landlords; Tenants; Foreclosures, HB
2431: Vicious Animal Assault; Classification, and SB 1320: ADOT Technical
Fixes. Ms. Peters added that SB 1077 and
Senate Concurrent Resolution (SCR) 1030 deal
with State Trust
Land reform. Ms. Peters stated SCR
1030 will be on the November 2010 ballot and, if passed, will amend the State
Constitution and SB 1077 will go into effect.
Ms. Peters stated if those bills pass they will have a significant
effect on impact fees and subsequently lower the value of the land.
Mayor Gordon inquired about the intentions of the maker of
the bill. Ms. Peters expressed her
willingness to talk with the maker of the bill about the potential effects on
local economies. Ms. Peters stated she
is confident the language of the bill does not reflect the maker’s true
intentions; however, she noted staff is prepared to recommend opposing the bill
if it remains the same.
Councilwoman Neely inquired about
funding for projects if impact fees were to be taken away. Ms. Peters replied staff is working with the
maker of the bill to make any changes but is unsure how the finalized language
will affect various funding options.
Mayor Gordon inquired about receiving the intent of the
proposed bill in writing. Ms. Peters
stated receiving the proposed intent of a proposed bill in writing is possible
through a legal clause.
Ms. Peters expressed her thanks to Government Relations
staff for their work and noted that it will continue through the weekend as the
legislature remains in session.
Ms. Peters stated despite litigation hearings this morning,
budget negotiations have continued and it is rumored an agreement is near.
Mayor Gordon inquired about the future of bond projects
should certain funding to cities be reduced, suspended, or eliminated. Mr. Fairbanks replied stating one proposal to
the state budget would give businesses significant tax breaks. Mr. Fairbanks stated if this were to happen,
the City would not be able to afford a bond program for 10-20 years. Mr. Fairbanks added K-12 education is heavily
dependent on business taxes and noted if those tax breaks were to take place,
secondary property taxes for homeowners must increase approximately 14 percent
to maintain current funding levels. Mr.
Fairbanks stated the bond program would have to stop in order to pay off
existing debt.
Mayor Gordon inquired about the viability of the current
bond program. Mr. Fairbanks replied
Finance Department staff will present their analyses shortly.
Mayor Gordon inquired about community support regarding the
state budget. Ms. Peters replied the
media continues to be involved throughout this entire process.
Donna Neill, resident, spoke in opposition to staff
recommendation not to support SB 1338: Law Enforcement Officers; Good
Cause. Ms. Neil expressed her concern
that Phoenix Law Enforcement Officers were not being treated fairly under the
law and urged staff and Council to reconsider their position before making a
motion.
Dave Koffie, resident, spoke in
opposition of staff recommendation not to support SB 1338: Law Enforcement
Officers; Good Cause. Mr. Koffie expressed his concern over the language used by
staff to describe the proposed bill. Mr.
Koffie urged Council to reconsider the Phoenix
position before moving forward.
Greta Rogers, resident, spoke in opposition of staff
recommendation not to support SB 1338: Law Enforcement Officers; Good
Cause. Ms. Rogers expressed her desire
for “just cause” in the City of Phoenix.
Ms. Peters stated staff is recommending opposing SB 1338 in
its current form. Ms. Peters stated the
definition of “Just Cause” utilized in the bill would undo any previous case
law.
Mayor Gordon inquired about the potential risk associated
with the proposed bill and Phoenix
officers. Ms. Peters stated that the new
definition of “Just Cause” could have a major effect on Phoenix
officers and the way they are able to handle disciplinary actions. Gary Verburg, City
Attorney, stated the proposed bill would bring forth procedural conflicts with
the City of Phoenix Charter and
will require added civil service review.
Mr. Verburg stated the proposed bill exceeds
the Phoenix City Charter and requires codification before any disciplinary
action can take place. Mr. Verburg stated that standard is more difficult to determine
and is not consistent with the City Charter.
Councilman Johnson asked to hear the Phoenix Law
Enforcement Association (PLEA) response to the proposed bill. Levi Bolton, PLEA Lobbyist, stated the
intention of the bill is to add an extra layer of protection for Phoenix
law enforcement officers.
Mayor Gordon requested PLEA provide a letter to the City
expressing their position on the proposed bill.
Mayor Gordon stated the current language of the proposed bill would
require changes in procedures the Council is not prepared to make at this time.
Councilman Johnson inquired if the Council could move SB
1338 from “Bills to Oppose” to “Bills to Watch.” Mr. Fairbanks replied stating conceptually
there is no problem with that if the plan is to later clarify the intent of the
proposed bill.
Mayor Gordon stated upon review of the bill with staff,
Council will be prepared to take a more formal position next week. Mayor Gordon said he does not want to make
any decisions that would put Phoenix
law enforcement officers at risk.
Councilman Simplot stated since
there is a need for more information, he moves Council accept staff
recommendations, but take no position on SB 1338 until next week. Councilman Mattox seconded the motion. Councilman Johnson opposed the motion. The motion passed 5:1.
Councilman Johnson expressed his sentiments wanting to move
this bill from “Bills to Oppose” to “Bills to Watch.”
Councilman Mattox inquired about the Phoenix
response to this proposed bill if asked.
Ms. Peters replied stating the Phoenix
response will be that Council is still reviewing the bill.
Mayor Gordon stated the City of Phoenix
should act as a model for the state and only take firm positions when ready.
ESTIMATED
4:30 P.M.- ADJOURNMENT
For further information, please call the Management Intern,
City Manager's Office, at 602-262-4449.
For reasonable accommodations, call the Management Intern
at Voice/602-262-4449 or TTY/602-534-5500 as early as possible to coordinate
needed arrangements.
Si necesita
traducción en español, por favor llame a la oficina del
gerente de la Ciudad de Phoenix, 602-262-4449 tres días antes de la fecha de la junta.
PHOENIX
CITY
COUNCIL MEMBERS
Councilman DiCiccio
Councilman Johnson
Councilman Mattox
Councilwoman Neely
Councilman Nowakowski
Councilwoman
Williams
Vice Mayor Simplot
Mayor Gordon
City
Council Announcements
City
Council Policy Session
June 23, 2009
COUNCILMAN
DICICCIO
Councilman DiCiccio reminded
residents he will be holding a coffee chat with Mayor Phil Gordon on June 27 at
9:00 a.m. at Nello’s Pizza, 4710 E. Warner Road.
He also announced a fireworks display will be held on July 3
in Ahwatukee, and the Arcadia Parade will be held on
July 4th at 8:00 a.m.
COUNCILMAN
JOHNSON
Councilman Johnson thanked residents who attended recent
community meetings at the Devonshire Senior Center and the Community Resource Center.
He also congratulated Arizona Informant and State
Representative Cloves Campbell for their recent Juneteenth
celebration held at South Mountain Community College.
COUNCILMAN
NOWAKOWSKI
Councilman Nowakowski thanked
those that participated in the recent Take Back Your Neighborhood event.
He reminded residents that a bilingual water safety event
and movie in the park would be held this Saturday at University Park.
COUNCILWOMAN
WILLIAMS
Councilwoman Williams reminded residents a District 1
breakfast with Mayor Phil Gordon would take place this Friday at 7:30
a.m. at
Hometown Buffet, located at 2730 W. Bell Road.
She also noted an After Dark in the Park event would be held
this Saturday from 7:00 – 9:00 p.m. at Deer Valley Park.
COUNCILMAN
MATTOX
Councilman Mattox announced the Light Up
the Sky fireworks event would be held at Maryvale ballpark
on July 3.
He also announced a proclamation for drowning impact
awareness and thanked representatives from Phoenix Children’s Hospital and the
Phoenix Fire Department for their support.
VICE MAYOR
SIMPLOT
Vice Mayor Simplot reminded residents
a District 4 town hall meeting would be held on Wednesday at the Longview Recreation Center at 6:00 p.m.
MAYOR GORDON
Mayor Gordon wished residents a happy Father’s Day.
He then encouraged residents to attend the Fabulous Phoenix
4th celebration, adding his thanks to donors for helping to fund the
event. He also thanked the contractor
working on the CityScape project for volunteering his
dust control misting system to be used at the Fabulous Phoenix 4th
event. He encouraged residents to use
caution if using fireworks on the 4th of July.