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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 16, 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 2:11 p.m.
Council members Mattox, DiCiccio, Baier, and Neely were present.
Vice Mayor Simplot and Council members
Williams, Johnson, and Nowakowski were absent.
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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.
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 Taken:
Councilman Mattox
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:
Councilwoman Neely moved that the Phoenix City Council, pursuant to
Arizona Revised Statutes, Section 38-431.02.A, meet in Executive Session on Tuesday,
June 23, 2009 at 1:00 p.m. in the East Conference Room, 12th Floor of
the Phoenix City Hall, 200 West Washington Street, Phoenix, Arizona.
Councilman Mattox seconded the motion, which passed unanimously.
AGENDA ITEMS.
This item is scheduled to give City Council members an
opportunity to ask questions about the Formal Agenda on June 17, 2009.
If the information is available, staff will immediately provide it to
the City Council member.
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 that staff is compiling new numbers; however, it seems the
decline in revenue is continuing. Mr.
Fairbanks stated that staff will provide an update at the next meeting. Mr. Fairbanks added that there are a number
of add-ons included in the Formal Agenda.
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ESTIMATED
2. 2:30 P.M.-
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EMPLOYEE SERVICE RECOGNITION
ANNOUNCEMENTS (NO REPORT)
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Staff: Washington, Smith
(Presentation 10 min.)
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This item is for information only. No City Council action is required.
Action Taken:
Kathy Dalton,
Information Technology, was recognized by the Mayor and Council for 25 years of
service to the City of Phoenix.
Kathleen Principe,
Public Works, was recognized by the Mayor and Council for 25 years of
service.
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ESTIMATED
3. 2:40 P.M.-
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“THE LAST 24” VIDEO CASTS
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Staff: Washington, Harris
(Presentation 10 min.)
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This report
provides information to the City Council regarding the innovative use of
internet technology to enhance community relationships with daily information
sharing by the Phoenix Police Department.
This item is for information only. No City Council action is required.
Action Taken:
Jack Harris, Public Safety Manager, stated this
presentation will provide the City Council with information regarding the
innovative use of internet technology by the Phoenix Police Department. Chief Harris stated that as a means to
enhance the department’s relationship with the community, staff has worked
alongside Information Technology to create a web-based video entitled “The Last
24.” Chief Harris stated that
information on the Phoenix Police Department website is updated every
afternoon.
Commander Chuck Miller, Phoenix Police Department (PPD),
stated that the purpose of “The Last 24” is to provide Phoenix
residents with information they want to know more about. Cdr. Miller stated that the internet episodes
reflect major events in communities and neighborhoods and have typically been
of great interest to viewers. Cdr.
Miller stated that the web videos have the most up-to-date information on
stories the community has expressed an interest in. Cdr. Miller stated that the City Council
charged all departments to do more with less, and as a result, the Police
Department partnered with the Public Information Office and Information Technology
to find a way to share information at a relatively low cost. Cdr. Miller added that the new media outlets
allow Phoenix Police to share nearly real time information to the people they
serve and protect everyday. Cdr. Miller
also noted that PPD has taken advantage of
other social media outlets such as Facebook, Twitter,
and iTunes podcasts.
Mayor Gordon inquired about national attention to the
Phoenix Police Department website. Cdr.
Miller replied stating that the Phoenix Police Department has received numerous
awards for innovative use of technology nationally. Cdr. Miller stated that the department has
received calls and emails from organizations and other municipalities
requesting permission to host a link to the web page. Cdr. Miller stated that response to “The Last
24” has been positive, and they hope to continue with its production in the
future.
Mayor Gordon inquired about the possibility of having “The
Last 24” on Phoenix Channel 11. Cdr.
Miller replied the technology for a stream to Phoenix Channel 11 is not
available as of yet. Cdr. Miller noted
that they are working to create a promo for “The Last 24” to air on the
station.
Mayor Gordon inquired if staff was working to link our web
page on other network sites. Cdr. Miller
stated that the Phoenix Police Department has been working with Information
Technology and the Public Information Office to make this happen as soon as
possible.
Councilwoman Neely inquired about
the number of hits “The Last 24” is receiving.
Cdr. Miller stated that since the inaugural episode on February 2009 the
web page has been averaging approximately 20,000 hits per month. Cdr. Miller added that the webpage has seen a
record high of 40,000 hits in one month.
Mayor Gordon expressed his thanks to staff for their work
and doing everything possible to keep residents abreast of pertinent
information in their surrounding communities.
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ESTIMATED
4. 2:50 P.M.-
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STATE LEGISLATIVE UPDATE AND
GENERAL FUND REDUCTIONS DUE TO LEGISLATIVE BUDGET
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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 to date there has been no budget passed and signed by the
Governor. Ms. Peters stated that the
fiscal year ends June 30, 2009,
and with no approved budget, the state is facing a $3 to $4 billion
shortfall. Ms. Peters stated though the
Governor introduced her own budget proposal on June 1, 2009, the legislature passed a different proposal
three days later. Ms. Peters stated that
bills have been included in that budget proposal; however, that information has
yet to be shown to the Governor for review.
Ms. Peters stated that the legislature has decided not to show the
Governor the approved document until a clear consensus has been made among all
parties involved. Ms. Peters added that
legal action from the Governor’s office formally requesting to see the included
bills has been initiated.
Ms. Peters stated that one previously mentioned bill, which
is likely to be included, requires cities and towns to contribute new revenue
gathered from vehicle license tax as a means to fund K-12 education. Ms. Peters stated that the legislature would
consider that money a loan and has plans to pay it back with interest over a
five- to ten-year time frame. Ms. Peters
stated that, based on this proposal, the state would collect $42 million from
cities and towns, and each would be responsible on a percentage basis. Ms. Peters noted that the City of Phoenix
contribution is estimated to be $11.8 million.
Mayor Gordon inquired if this funding source was equivalent
to a taking of shared revenue without an agreement among all parties. Ms. Peters replied that the money would be a
transfer of funds between parties to increase the state’s general fund budget. Ms. Peters added that the bill might require
a two-thirds vote to pass, and to date, it seemed unlikely to have the support.
Mayor Gordon inquired about the budget process under the
previous state government administration.
Ms. Peters replied that under the previous Governor, there was a
proposal to utilize state-shared revenue funds, but the League of Arizona
Cities and Towns challenged that proposal in court. Ms. Peters added that the court rendered a
decision in favor of the League of Arizona Cities and Town stating that the
proposal was unconstitutional. Ms.
Peters stated it was ruled unconstitutional due to the appropriateness of the
bill being included in a budget proposal.
Ms. Peters noted that if this challenge reaches the Supreme Court, they
may have the chance to clarify and expand upon their previous decision.
Councilwoman Neely expressed her
dissatisfaction with state legislatures and their inability to reach consensus
regarding the budget. Councilwoman Neely stated the City of Phoenix
is ready to meet with state representatives as a means to continue in the push
towards leaving state-shared revenues unharmed.
Councilwoman Neely stated that she would be in
favor of reviewing a proposal that included a small contribution of
state-shared revenue, however, noted that the contribution must be paid back
with interest.
Mayor Gordon expressed his dissatisfaction with the idea
that many more City of Phoenix
employees might have to be laid off due to any potential cuts in state-shared
revenue.
Frank Fairbanks, City Manager, stated that an $11.8 million
reduction from the City of Phoenix General Fund
budget distributed evenly among departments would result in $5 million from
Police, $2.7 million from Fire, $1 million from Parks and Recreation, and
$400,000 from Libraries. Mr. Fairbanks
stated that due to cuts earlier this year, all departments are working with
much less than they have in years. Mr.
Fairbanks stated that Police and Fire would likely see both sworn and non-sworn
employees released if this were happen.
Mr. Fairbanks added that a reduction in helicopter hours would also
likely occur. Mr. Fairbanks noted that
the bill is also likely to call for a reduction in assessment ratios from 20+
percent to approximately 10 percent. Mr.
Fairbanks stated that property taxes are used by the City to pay bonds. Mr. Fairbanks stated though Phoenix
has a great bond credit rating, this bill would reduce the amount of money
coming in to pay outstanding bond debt.
Mr. Fairbanks stated that with this the City would not be able to take
on any new bond issue unless a decision to raise the rates is made. Mr. Fairbanks added that would also create a
problem for impact fees, as there would be no more available to create any new
infrastructure.
Mayor Gordon inquired about existing City of Phoenix
bond programs. Mr. Fairbanks replied
that staff is studying now how this could potentially impact existing projects.
Mr. Fairbanks stated that property taxes also fund
schools. Mr. Fairbanks stated that if
the state decides to proceed on this course, cities will be responsible for
contributing more to schools who have already had to make significant
cutbacks.
Mayor Gordon stated that the state budget will have a
tremendous effect on everyone, and all residents should contact their
representative directly to voice their concerns.
Councilman Mattox inquired about the City’s bond
rating. Mr. Fairbanks replied that
currently the City of Phoenix has a
great bond rating. Mr. Fairbanks added
that bond ratings are conducted through third-party organizations, making it
very difficult to predict any future decisions.
Mr. Fairbanks stated that there is a growing gap between AAA and AA
credit rating with AAA being the most preferred.
John Wayne Gonzales, Government Relations, stated that
there will be other budget impacts beyond the aforementioned. Mr. Gonzales stated that there is plan to
have a three year moratorium on impact fees, thereby shifting those costs to
homeowners in established areas. Mr.
Gonzales stated that future impact fees would not be used for important
infrastructure elements. In addition, no
city or town would be able to update their building codes for three years.
Mayor Gordon inquired about the legality of an imposed
impact fee moratorium. Gary Verburg, City Attorney, replied stating that typically
moratoriums need Council approval especially if they are stated in an earlier
statute, but it is assumed that a new decision would trump a previous version.
Councilwoman Neely stated that the
City of Phoenix has approximately
55,000 lots that would have to wait three years before impact fees become
available. Councilwoman Neely urged residents to contact state representatives and
express their feelings about the budget.
Councilwoman Baier expressed her
displeasure with these types of issues being included in a budget bill. Councilwoman Baier
stated that things being discussed are policy issues and should be handled in a
separate manner so that operations can continue. Councilwoman Baier
stated that state legislatures and all representatives involved should
negotiate in good faith and intentions for the well-being of all Arizona
residents.
Councilman Mattox inquired about future legal matters and
if it were possible to issue permits for smart growth. Ms. Peters replied that staff is working with
Law and others to determine the next steps.
Mayor Gordon stated there are a lot of legal issues to work
out and added that the Governor is pursuing the first of what may be many legal
steps during the final days of this budget process.
Mr. Gonzales stated that authority and funding to proceed
with the expansion of the downtown Phoenix
medical school would also be eliminated.
Mr. Gonzales continued to say that immigration reforms are also
included. Mr. Gonzales stated that
identification will be required for lawful presence in the United
States from a person applying for local,
state, or federal public benefits. Mr.
Gonzales stated that penalties will include a new misdemeanor for government
personnel that fail to report discovered violations of federal immigration law
and a private right of action to enforce the new provisions.
Mayor Gordon inquired how this would affect the Phoenix
Police Department. Ms. Peters replied
that it may pose a problem to Phoenix Police in that there are provisions that
limit officers from making such arrests.
Mr. Verburg stated that more research and
information is needed to determine the exact effect this will have on Phoenix
officers.
Mayor Gordon inquired if officers could be held liable in
court for doing things outside of their normal course and scope. Mr. Verburg stated
that though information is needed, federal pre-emption would prevail.
Mr. Gonzales stated that staff is recommending to Council
they oppose SB 1175: Illegal Aliens; Enforcement; Trespassing and support HB:
2331: Federal Immigration Law; Enforcement.
Ms. Peters stated staff recommends opposing SB 1175 due to
the language. Ms. Peters stated that the
language removes flexibility from officers.
Mr. Peters stated that staff is recommending to Council
that they challenge the language of referendums to the Government Property
Lease Excise Tax (GPLET) SB 1295: Government Property Lease Tax Reform and SB
1399: GPLET Reform. Ms. Peters stated
that GPLET reform is needed, however, due to competing approaches towards the
statute reform, staff recommends holding off supporting any version. Ms. Peters stated that staff recommends
opposing SB 1399 and remain neutral on SB 1295.
Councilwoman Neely stated that SB
1295 begins to get at the root of the issue and it shows promise.
Mayor Gordon stated that SB 1295 does begin to hit the root
of the issue, however, before it can receive Council approval it must meet the
principles of the language that are best for the City of Phoenix.
Mayor Gordon inquired about SB 2474. Ms. Peters replied that SB 2474 shows no
cause for concern for the City of Phoenix;
however, as an employer, we will want to monitor its progress.
Councilwoman Neely moved that
Council approve staff recommendation to remain neutral on HB 2331, SB 1295, SB
2474, and oppose SB1175 and SB 1399.
Councilwoman Baier seconded the motion which
passed unanimously.
Mayor Gordon stated those bills which Council has approved
to remain neutral on can have City of Phoenix
support once language has been finalized.
Mayor Gordon stated that staff will work with the state to come up with
policy the City of Phoenix can
support.
Councilwoman Baier urged staff to
work with all cities and municipalities who would like to be involved in the
process. Councilwoman Bair stated that
if cities and towns worked together they may be able to maintain adequate
funding for key programs and services.
Ms. Peters stated that two out of the three previously
proposed budgets held cities and towns relatively harmless and had garnered Phoenix
support.
Councilman DiCiccio expressed his
support of staff recommendations. Councilman DiCiccio
stated that the City of Phoenix
should look internally at making some tough decisions regarding the future of
the budget, and consider modifying practices accordingly so that worsening
troubles can be avoided.
ESTIMATED
3:53 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
Councilwoman Baier
Councilman DiCiccio
Councilman Johnson
Councilman Mattox
Councilwoman Neely
Councilman Nowakowski
Councilwoman
Williams
Vice Mayor Simplot
Mayor Gordon