This report informs the City Council of a $37,500 CIGNA HealthCare contribution and requests City Council to formally receive the donation for the Parks and Recreation Department (PRD). The donation will fund the 2009 CIGNA Summer Water Safety program. Specifically, $30,000 will sponsor CIGNA Summer and $7,500 will sponsor the Senior Water Aerobics Program.

THE ISSUE

Since 1992 PRD and CIGNA have partnered in water safety programs designed to address issues related to our youth such as: job training, affordable recreation opportunities, and water safety education. The PRD Aquatic Section has provided supervision, instruction, facilities, and staff for the various CIGNA Summer program components. CIGNA makes a $30,000 donation annually to cosponsor this program.

In 2005, CIGNA increased their donation to include sponsorship of senior water aerobics. In 2008 a total of 663 seniors participated at Alkire, Coronado, Cortez, Deer Valley, El Prado, Encanto, Grant, Harmon, Hermoso, Holiday, Madison, Marivue, Maryvale, Mountain View, Paradise Valley, Pecos, Perry, Pierce, Roadrunner, Roosevelt, Starlight, Sunnyslope, Telephone Pioneer, University, and Washington pools. This year, CIGNA will sponsor water aerobics classes for seniors, age 50 and up, up to $7,500.

OTHER INFORMATION

This season, CIGNA and the PRD Aquatic Section will partner together for the 18^th consecutive summer. CIGNA’s $37,500 contribution will provide funds to implement one of the most comprehensive and effective water safety programs for youth in the country. Additionally, the funding will allow older adults to improve their health by participating in water aerobics.

CIGNA Summer consists of four programming levels: Itty Bitty Beach Parties for toddlers to 6-year-olds, Cub Club for ages 7 to10, Discovery Guards for ages 10 to13, and Junior Lifeguard Training for ages 13 to15. Program curriculums are designed to allow participants to progress from one level to the next, ensuring a smooth transition between programs.

Itty Bitty Beach Parties have been held at various pool locations over the past 12 years. Participants and their families are exposed to various elements of water safety while enjoying fun activities around the pool. Each participant receives a pair of sunglasses, a Hawaiian lei, and a snack. Dance contest winners receive Buddy Bear autographed beach balls. All participants receive an aquatic-related prize at the end of the event.

Cub Club meets two days a week for five weeks at all 21 City pools. The program begins in June and concludes with the Cub Club Olympics in July. Skill instruction includes improving swimming techniques, basic first aid, water safety methods, emergency water safety maneuvers, and basic pool procedures. Cub Club members receive awards and certificates as they progress through the program.

Discovery Guards was created to effectively deliver the water safety message to preteens. Discovery Guards meet twice weekly at all 21 City pools to develop and refine elementary lifesaving skills. The emphasis in the program is to introduce CPR and lifeguard techniques that will start the teens on the path toward becoming Junior Lifeguards. Youth also develop skills they can use at home when faced with lifesaving or leadership situations. Participants receive awards and certificates as they progress through the program. Discovery Guards conclude their programming with an Olympic-style event in July that showcases the skills they learned and developed.

Junior Lifeguard Training is the most extensive element of CIGNA Summer. Held at 16 City pools, Junior Lifeguard Training provides youth the opportunity to develop leadership skills. First-year participants learn Community Water Safety, CPR, fulfill volunteer hours, and make pool visits. Second-year Junior Lifeguards further develop leadership skills and assist with lesson instruction.

Throughout the free six-week program, participants receive incentives. Second-year participants receive certificates of achievement and work toward employment. The training begins in June and concludes with graduation at the Junior Lifeguard Olympics in late July.

More than 24,000 participants have enjoyed Itty Bitty Beach Parties, 4,750 have participated in Cub Club, and 2,000 teens have participated in Junior Lifeguard Training since the inception of the program. Many Junior Lifeguards have continued their training and have been employed as City lifeguards.

In addition to the traditional CIGNA Summer schedule, the Parks and Recreation Department, CIGNA, and the Phoenix Fire Department will host the Eighth Annual Fiesta Del Agua event at Maryvale Pool, (4444 North 51^st Avenue) on Saturday, June 6 to deliver the water safety message to the Spanish-speaking community.

RECOMMENDATION

The Parks and Recreation Department staff recommends that the City Council formally accepts the $37,500 donation from CIGNA HealthCare.

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Ruth Osuna Deputy City Manager	AGENDA DATE:		June 2, 2009
FROM:	Lionel D. Lyons, Director Equal Opportunity Department Andrea Moreno, Chair Phoenix Women’s Commission	ITEM:	3
SUBJECT:	2009 INTERNATIONAL WOMEN'S DAY SCHOLARSHIP PROGRAM RESULTS

This report informs the Mayor and City Council of the 18^th Annual International Women’s Day Scholarship Program sponsored by the Phoenix Women's Commission and International Women’s Day Steering Committee. Members of the Commission and Steering Committee, as well as the program’s corporate sponsors, will attend the June 2, 2009 City Council meeting to report on 2009 fundraising results.

THE ISSUE

International Women’s Day (IWD) was established as a worldwide day of recognition of the historic struggle of women to improve their lives and eliminate all forms of discrimination against women.

To maximize scholarship availability to re-entry women during the current economic downturn, the Women’s Commission and Steering Committee cancelled the annual luncheon planned for March 4, 2009 and chose instead to reduce costs and allocate all funds raised to scholarships.

The 2009 IWD Steering Committee included members of the Phoenix Women's Commission, City management and staff, and community and business leaders. The 2009 effort was led by Honorary Co-Chairs Tisha Diffie, President of TMD Investment Strategies and Jessica Parsons, editor of Phoenix Woman magazine. Ms. Diffie and Ms. Parsons served as co-chairs of the IWD Steering Committee. Phoenix Women’s Commission Chair Andrea Moreno and Program Development Committee Co-Chairs Jasmine Cortez and Uzra Vo also provided leadership.

Other key partners providing valuable support for the scholarship program included Mayor Phil Gordon and the City Council as well as staff of the City Manager’s Office, Public Information Office, and Finance and Equal Opportunity Departments.

Corporate Sponsors

Major corporate sponsors of the 2009 program included Blue Cross/Blue Shield of Arizona, Salt River Project, Maricopa Community Colleges, TriWest Healthcare Alliance, the University of Phoenix, and Grant Thornton. Other corporate sponsors were the J.F. Long Foundation, Arizona Republic, Kitchell Construction, Safeway, Squire Sanders LLP, Westcor, and the Phoenix Mercury.

Media Coverage

Media partners for this year’s effort were Phoenix Woman magazine, KTVK 3TV, and Prensa Hispana as well as Arizona Informant, Business Journal, and the Asian American Times.

Event Proceeds

2009 fundraising efforts raised $69,000 for the International Women’s Day Scholarship Program. Of that amount, $60,000 will be distributed to nine local schools for scholarships to benefit women re-entering the educational system or beginning an educational endeavor.

ASU’s School of Public Affairs will receive $2,500 for the Mary Ann Huerta Jenkins Fellowship. The fellowship was established in memory of Ms. Jenkins, a longtime City employee, and will benefit a deserving female student pursuing a Masters Degree in Public Administration. This is the only graduate-level scholarship provided by IWD. The remaining $57,500 will be divided equally among the nine participating colleges, which will allow approximately 50 undergraduate female students to realize their educational dreams.

2009 scholarship funds will be awarded to Arizona State University (ASU), DeVry University, Gateway Community College, Grand Canyon University, Paradise Valley Community College, Phoenix College, Rio Salado Community College, South Mountain Community College, and Western International University.

Since 1991, more than $800,000 has been raised for the International Women’s Day Scholarship Program benefiting more than 700 Phoenix women. This public/private partnership continues to demonstrate its effectiveness in addressing the educational needs of women in our community.

The Mayor and City Council are cordially invited to attend a reception to be held in the east lobby of the Calvin C. Goode Municipal Building following the Council presentation. Members of the Phoenix Women's Commission and the IWD Steering Committee as well as corporate sponsors will be recognized at the event.

Steering Committee and Phoenix Women’s Commission members are noted in Attachment A.

CONCLUSION

This report is for information only. No Council action is required.

*Attachment A*


2008 International Women's Day Steering Committee

Tisha Diffie and Jessica Parsons, Honorary Co-Chairs
Jasmine Cortez and Uzra Vo, Program Development Committee Co-Chairs


Erma Abeyta	Jacqui LaVista	Ruth Osuna
Laura French	Brandie Ishcomer	Sandra Ram
Carolyn Gall	Yvonne Jimenez	Reyna Rodriguez
Terri Jackson	Sawsan Madanat	Cynthia Seelhammer
Maggie Kasparek	Andrea Moreno	Margaret Shalley
Janet Haning	Rita Murphy	Diana Storino
Connie Harris	Tiffany Neihart	Lisa Takata
Katie Hobbs	Diane Nydick	Valerie Todorovich

			Alma Watson

Phoenix Women's Commission
Andrea Moreno, Chair Laura French, Vice Chair
Jasmine Cortez	Katie Hobbs	Lorraine Newman-Oshilaja
Angela Felix	Yvonne Jimenez	Valerie Todorovich
Laura French	Lynn Lanoue	Uzra Vo
Janet Haning	Sawsan Madanat	Sherry B. Williams

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Lisa Takata Executive Assistant To The City Manager	AGENDA DATE:		June 2, 2009
FROM:	Mario Paniagua City Clerk	ITEM:	4
SUBJECT:	PROPOSED IMPLEMENTATION PLAN FOR VOTING CENTERS

Staff seeks approval from the City Council to adopt the Voting Center proposal and proposed sites. If adopted, staff will request City Council approval of the necessary changes to Chapter 12 of the City Code at the June 17, 2009 Formal Council Meeting.

Voting Centers would not be implemented for the September 2009 Council Election or potential November 2009 Runoff Election. The change to Voting Centers requires pre-clearance from the U.S. Department of Justice. As a result of the extensive lead time required for Department of Justice review and to educate voters of the change to the election process, staff recommends that this plan be implemented for any elections that occur in 2010 and beyond.

This report describes a proposal to use Voting Centers in City of Phoenix elections, addresses the anticipated benefits and concerns of City of Phoenix voters and taxpayers, and provides a timeline for implementation.

THE ISSUE

City of Phoenix voters have vastly shifted their preference from casting ballots at the polls to casting early ballots. Attachment A shows the trends in early and polling place voting since 1993. Other factors prompting the need for improvements to the voting process include:

increasing convenience and flexibility for voting at the polls;
overcoming the issue of voters going to the incorrect polling place;
a steadily decreasing pool of available election board workers; and
increasing challenges in securing adequate polling places.

VOTING CENTER PROPOSAL

Twenty-six Voting Centers would replace the current 128 polling places for Phoenix elections. Voters will be able to cast their ballot at any of the Centers, rather than only at a single designated site. Additionally, the Centers will be open for several days. The Early Voting process will not change, except that the Centers provide more locations to replace or drop off early ballots. Staff expects to save the City approximately $250,000 in a citywide election by implementing Voting Centers.

Voting Centers will be located throughout the City, and the selection of specific sites is based on public input, City Council direction, and staff ratings. Twenty-six facilities were identified as proposed Voting Centers with another 20 sites being identified as potential alternate sites, to be used in the event a primary location is unavailable. In analyzing these facilities, staff rated 11 factors, including facility accessibility, ease of use for public transit riders, and proximity to business and shopping cores. Attachments B and C contain maps of proposed Voting Centers and potential alternate locations.

The Voting Centers would be open on the Saturday and Monday prior to the election. Suggested hours would be 9:00 a.m. to 4:00 p.m. on Saturday and 11:00 a.m. to 7:00 p.m. on Monday. All Centers would be open on Election Day from 6:00 a.m. to 7:00 p.m., which is identical to the current polling place hours.

For voters, the voting process will continue to involve marking a paper, optical scan ballot as is used currently. Disabled voters will still be able to cast ballots using an electronic voting device. The ability to go to any Voting Center is made possible by remote access to a centralized voter information system using a secure network connection to check one’s eligibility to vote and to verify instantaneously whether a voter has already cast a ballot. Already used in early voting for several years, this safeguard prevents individuals from voting more than once.

Any early ballots received by mail from someone who already has voted at a Voting Center would be cancelled and not counted. This scenario would also trigger further investigation of potential voter fraud. Additionally, comprehensive backup procedures would ensure that voting could continue without interruption in the event of a power outage, an unavailable network connection, or if the voter information system has technical difficulties.

Due to the need for fewer sites, the number of election board workers will be significantly reduced from more than 700 workers to less than 100 workers. Extra staff and board workers would be trained and available to work at facilities that experience heavier turnouts. Subsequent elections would be staffed based on the turnout results of the previous election(s) as well as anticipated turnout for that election.

Community Feedback

In January 2009, the City Council authorized staff to present the proposal to community leaders, the media, and residents and to conduct formal citywide community meetings to obtain feedback. To date, community response has been overwhelmingly positive. Also, research of other jurisdictions that use Voting Centers indicates that this process would very likely be highly successful in City of Phoenix elections.

During September and October 2008, 285 residents attended 14 community group meetings to provide feedback on the Voting Center Concept. Using several types of media, which included television and radio segments, newspaper articles and advertisements, letters to all registered neighborhood associations and board and commission members, contacts with community leaders and advocacy organizations, e-mail listserves, and the City webpage, residents were invited to attend any of nine community meetings during March and April 2009. Thirty-seven residents attended and provided feedback with another 58 individuals providing input by email or telephone calls. Attachment D lists the community associations and community meetings, which included a diverse group of individuals from all of the City Council Districts.

Feedback was overwhelmingly supportive of the Voting Centers. Individuals noted such benefits as the enhanced convenience of voting at any Center, the multiple days to vote which allows more flexibility, the expected service improvement, the availability of accessible voting equipment at each location, and the cost savings. Some residents did express concerns, such as increased distance to the Voting Centers for some, the possibility of waiting in long lines, and the need to ensure voters are well-informed of the change.

To address the additional distance concern, public transit access to the Voting Center facility was an essential factor in evaluating the sites. Additionally, casting a ballot by mail is already the most effective resolution to this concern. Regarding the potential for long lines, recent voting trends for Phoenix voters and the size of City of Phoenix ballots make the likelihood of long lines at the Centers very remote. A more streamlined procedure that enables more efficient processing of voters will reduce the potential for lines even further. Finally, in response to the public awareness consideration, staff plans to conduct a full community awareness media campaign to ensure all voters understand the change.

ADDITIONAL INFORMATION

Should the City Council approve the implementation of Voting Centers, staff will submit a Request for Council Action and ordinance related to the necessary code changes at the June 17, 2009 Formal Council Meeting. The U.S. Department of Justice also would need to pre-clear the Voting Center process prior to implementation of this new voting concept. As a result, the earliest possible date to implement Voting Centers would be 2010.

RECOMMENDATION

Staff seeks approval from the City Council to adopt the Voting Center proposal, and the proposed primary and alternate Voting Center locations.

ATTACHMENT A

CITY OF PHOENIX VOTING TRENDS

Average number of voters per polling place in October 1993: 218 (364 Polling Places)

Average number of voters per polling place in May 2008: 32 (128 Polling Places)

ATTACHMENT B

MAP OF Proposed VOTING CENTER LOCATIONS

ATTACHMENT B

Proposed VOTING CENTER LOCATIONS

Facility Name	Address	General Location
Aviano Community Center	22500 N. Aviano Way	40^th St. / Deer Valley Rd.
Broadway Heritage Neighborhood Resource Center	2405 E. Broadway Rd.	24^th St. / Broadway Rd.
Burton Barr Central Library	1221 N. Central Ave.	Central Ave. / McDowell Rd.
Cesar Chavez Branch Library	3635 W. Baseline Rd.	35^th Ave. / Baseline Rd.
City Clerk Department Customer Service Center	2640 S. 22^nd Ave.	19^th Ave. / Lower Buckeye Rd.
Deer Valley Community Center	2001 W. Wahalla Ln.	19^th Ave. / Union Hills Dr.
Desert Sky Mall (Community Room)	7611 W. Thomas Rd.	75^th Ave. / Encanto Blvd.
Devonshire Senior Center	2802 E. Devonshire Ave.	28^th St. / Indian School Rd.
Goelet A.C. Beuf Community/Senior Center	3435 W. Pinnacle Peak Rd.	35^th Ave. / Pinnacle Peak Rd.
Golden Gate Community Center	1625 N. 39^th Ave.	McDowell Rd. / 39^th Ave.
Grace Walk Community Church	7840 W. Lower Buckeye Rd.	79^th Ave./Lower Buckeye Rd.
La Casa de Cristo Lutheran Church	6300 E. Bell Rd.	64^th St. / Bell Rd.
Manzanita Senior Center	3581 W. Northern Ave.	35^th Ave. / Northern Ave.
Maryvale Community Center	4420 N. 51^st Ave.	51^st Ave. / Campbell Ave.
Memorial Presbyterian Church	4141 E. Thomas Rd.	41^st St. / Thomas Rd.
Mesquite Branch Library	4525 E. Paradise Village Pkwy. North	Tatum Blvd. / Cactus Rd. (Paradise Valley Mall)
North Phoenix Baptist Church	5757 N. Central Ave.	Central Ave. / Bethany Home Rd.
Our Lady of the Valley Church	3220 W. Greenway Rd.	32^nd Ave. / Greenway Rd.
Paradise Valley Community / Senior Center	17402 N. 40^th St.	40^th St. / Bell Rd.
Pecos Community / Senior Center	17010 S. 48^th St.	48^th St. / Pecos Rd.
Phoenix City Hall	200 W. Washington St.	3^rd Ave. / Washington St.
Pilgrim Rest Baptist Church	1401 E. Jefferson St.	15^th St. / Jefferson St.
South Mountain Community / Senior Center	212 E. Alta Vista Rd.	Central Ave./Alta Vista Rd.
Saint Gregory Catholic Church	3424 N. 18^th Ave.	19^thAve. / Osborn Rd.
Sunnyslope Community Center	802 E. Vogel Ave.	7^th St. / Hatcher Rd.
Unity of Phoenix Church	1500 E. Greenway Pkwy.	16^th St. / Bell Rd.

ATTACHMENT C

MAP OF ProPOSed ALTERNATE VOTING CENTER LOCATIONS

ATTACHMENT C

PROPOSED ALTERNATE Voting Center Locations

(to be used if a primary site is unavailable)

Facility Name	Address	General Location
Adam Diaz Senior Center	4115 W. Thomas Rd.	43^rd Ave. / Thomas Rd.
Ahwatukee Recreation Center	5001 E. Cheyenne Dr.	48^th St. / Elliot Rd.
Bourgade Catholic High School	4602 N. 31^st Ave.	31^st Ave. / Campbell Ave.
Cholla Branch Library	10050 N. Metro Pkwy E.	Metro Center Mall
Deer Valley Airport	702 W. Deer Valley Rd.	7^th Ave. / Deer Valley Rd.
Desert West Community Center	6501 W. Virginia Ave.	69^th Ave. / Encanto Blvd.
First Southern Baptist Church of Paradise Valley	16033 N. 32^nd St.	32^nd St. / Paradise Ln.
Fowler Elementary School District Office	1617 S. 67^th Ave.	67^th Ave. / Buckeye Rd.
Holy Family Catholic Church	6802 S. 24^th St.	24^th St. / Vineyard Ave.
Marriott Resort (Desert Ridge)	5350 E. Marriott Dr.	Tatum Blvd. / Loop 101
Mountain View Community Center	1104 E. Grovers Ave.	12^th St. / Grovers Ave.
Phoenix Fire Station 56	3210 W. Canotia Pl.	North Valley Pkwy. / Carefree Hwy.
Phoenix First Apostolic Church	7249 E. Baseline Rd.	7^th St. / Baseline Rd.
Phoenix First Assembly of God Church	13613 N. Cave Creek Rd.	Cave Creek Rd. / Thunderbird Rd.
Pinnacle High School	3535 E. Mayo Blvd.	36^th St. / Mayo Blvd.
Salvation Army (Southwest Divisional Headquarters)	2707 E. Van Buren St.	28^th St. / Van Buren St.
Shadow Mountain Senior Center	3546 E. Sweetwater Ave.	36^th St. / Sweetwater Ave.
Shepherd of the Hills Congregational Church	5524 E. Lafayette Blvd.	56^th St. / Indian School Rd.
Tatum Ranch Community Association	29811 N. Tatum Blvd.	Cave Creek Rd. / Tatum Blvd.
Washington Activity Center	2240 W. Citrus Way	23^rd Ave. / Bethany Home Rd.

ATTACHMENT D

COMMUNITY GROUP MEETINGS (2008)

District Number	Date	Time	Neighborhood Association	Attendees
Citywide	September 9	8:30 a.m.	Mixed Neighborhood Leaders City Hall	7
Citywide	September 9	6:00 p.m.	Mixed Neighborhood Leaders City Hall	5
Citywide	September 11	6:00 p.m.	Mixed Neighborhood Leaders City Hall	7
2	September 17	6:30 p.m.	Palm Lakes Village, Inc.	22
1	September 18	6:30 p.m.	Manzanita Block Watch	28
5	September 18	6:30 p.m.	Maryvale U.N.I.T.E.	13
4, 6, 7, 8	September 23	4:30 p.m.	Phoenix Community Alliance	18
4	September 25	6:30 p.m.	Longview West Neighborhood Association	9
5 & 7	September 26	10:00 a.m.	Desert West Senior Center	44
1 & 2	September 26	10:30 a.m.	Deer Valley Senior Center	28
6	October 2	5:30 p.m.	Arcadia Camelback Mountain Neighborhood Association	20
7	October 2	7:00 p.m.	Greater Coronado Neighborhood Association	21
8	October 9	5:30 p.m.	Phoenix Revitalization Corporation Community Association Team (C.A.T.)	50
3	October 15	7:00 p.m.	Mountain Preserve Block Watch	13

CITYWIDE COMMUNITY MEETINGS (2009)

District Number	Date	Time	Meeting Location	Attendees
5	March 30	10:00 a.m.	Maryvale Community Center	3
7	April 1	6:00 p.m.	South Mountain Community Center	1
4	April 2	10:00 a.m.	Steele Indian School Park	8
3	April 2	6:00 p.m.	Sunnyslope Community Center	3
8	April 3	10:00 a.m.	Devonshire Community Center	3
1	April 6	6:00 p.m.	Deer Valley Community Center	4
6	April 7	6:00 p.m.	Pecos Community Center	0
7	April 8	11:00 a.m.	Cesar Chavez Library	4
2	April 8	6:00 p.m.	Paradise Valley Community Center	11

CITY COUNCIL REPORT
POLICY AGENDA
TO:	David Cavazos Deputy City Manager	AGENDA DATE:		June 2, 2009
FROM:	Cynthia Seelhammer Acting Water Services Director	ITEM:	5
SUBJECT:	TRES RIOS ENVIRONMENTAL RESTORATION PROJECT UPDATE

This report provides the City Council with an update on the Tres Rios Environmental Restoration Project.

THE ISSUE

In the early 1990s, the Water Services Department began investigating alternative methods to meet anticipated higher water quality standards and other requirements of a new National Pollutant Discharge Elimination System (NPDES) Permit for the 91st Avenue Wastewater Treatment Plant (WWTP). One of the alternative methods investigated was constructed wetlands.

In 1994, through agreements with the U.S. Bureau of Reclamation (Bureau), demonstration wetlands were constructed south of the 91st Avenue WWTP.

On April 16, 1997, the City Council approved a cost-share agreement with the U.S. Army Corps of Engineers (Corps) to perform a reconnaissance study for a full-scale constructed wetlands project. The proposed full-scale project consists of up to 400 acres of constructed wetlands and other water features, as well as providing flood control in the three rivers (Tres Rios) area of the Salt, Gila and Agua Fria Rivers.

The reconnaissance study indicated that the full-scale project would meet goals that allowed Federal funding through the Corps. The goals are river restoration, habitat improvement, and flood control for neighboring areas. The project provides opportunities for passive recreation and environmental education, which are being incorporated into the full-scale design. The Water Services Department has been working with the Corps, as well as other local sponsors and area residents, to design and construct the full-scale project.

In May 2000, the Corps completed the Tres Rios Arizona Feasibility Report (for the full-scale project), including an Environmental Impact Statement (EIS). The full-scale project was authorized as a part of the 2000 Water Resources Development Act (WRDA 2000) in November 2000. President Clinton signed the WRDA 2000 into Law on December 11, 2000. The Chief of the Corps signed the final Chief’s Report of December 12, 2000. The signing of the Chief’s Report allowed the City and the Corps to enter into a Pre-Construction Engineering and Design cost-share agreement.

In April 2004, the Corps and the City of Phoenix entered into a Project Cooperation Agreement for the construction of the Tres Rios Environmental Restoration Project. The project included 4.5 miles of flood control levee, flow regulating wetlands, overbank wetlands, other in-river features and the Tres Rios Pump Station.

The first two phases of the flood control levee have been constructed from 105th Avenue to El Mirage Road on the North bank of the Salt and Gila Rivers. The third and final phase of the flood control levee is currently in design. The design for the flow regulating wetlands and the overbank wetlands were completed in 2008.

The Flow Regulating Wetlands Project is currently under construction. The construction cost is $21,727,165.55 and anticipated to be completed by December 2009.

OTHER INFORMATION

Early this year, the Federal Government announced the Fiscal Year Appropriation for Tres Rios to be $9,570,000.00.

Shortly after receiving the announcement of the appropriation in April 2009, the Corps announced its award of $36,430,000.00 in stimulus funding to the Tres Rios Environmental Restoration Project.

The $36.43 million in stimulus funding has been designated to complete the Flow Regulating Wetlands contract for $15.0 million in Fiscal Year 2009, the construction of Levee Final Phase 1C for $1.5 million in Fiscal Year 2010 and to begin construction of the pump station for $19.93 million in Fiscal Year 2010. More importantly, the Stimulus Funds will help to maintain and create 386 jobs related to this project, as reported by the Corps.

The schedule for the Tres Rios Environmental Restoration Project has been accelerated by approximately three years. Pending future Federal appropriations, the project can begin design efforts on the final phase, which includes the in-river features from approximately 115th Avenue to the Agua Fria River to remove non-native species of plants to create open water areas to alleviate flooding issues in the area.

The Corps will require the City to pay approximately $4.0 million in matching funds to meet the City’s cost-share requirement for the Tres Rios Environmental Restoration Project. The full amount of the City’s cost share is expected to be $59.0 million with $50.0 million of this cost being covered by the land acquisition costs and the costs to relocate utilities, which were the responsibility of the City in the Project Cooperation Agreement.

The $4.0 million will be allocated appropriately to the Multi-City Subregional Operating Group (SROG) Cities made up of Phoenix, Glendale, Mesa, Tempe, and Scottsdale. SROG is a five city partnership formed to facilitate the joint ownership and operation of a regional wastewater conveyance and treatment system (91st Avenue WWTP and Tres Rios) in the Phoenix metropolitan area.

RECOMMENDATION

This report is for information only. No Council action is requested.

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Frank Fairbanks City Manager	AGENDA DATE:		June 2, 2009
FROM:	Karen Peters Government Relations Director	ITEM:	6
SUBJECT:	STATE LEGISLATIVE UPDATE

This report seeks approval, guidance, and direction from the Mayor and Council on state legislation of interest to the City.

June 2 is the 142nd day of the First Regular Session of the 49th Legislature. 1207 bills have been introduced to date.

STATE BUDGET UPDATE

On May 20, the Senate Appropriations Committee voted on a number of FY 2010 budget bills addressing the state budget shortfall of more than $3 billion. Of great concern is an $84 million raid on the municipal portion of Vehicle License Taxes (VLT). Budget and Research staff estimate a $27 million hit to the City’s general fund if this measure were to be enacted. Additional analysis also concludes that this language arguably triggers a Proposition 108 clause, thus requiring a two-thirds majority in each legislative chamber for it to be approved. An interesting twist in the bill requires cities to transfer VLT dollars to the County Treasurer who is charged with the task of remitting them to school districts. To offset the budget impact, cities would be permitted to tap into impact fee fund balances for general government purposes.

Also, a surprise amendment containing a number of impact fee program revisions surfaced during the committee hearing. Included in the amendment:

 Cities cannot collect/assess impact fees for three years;

 Impact fees can only be assessed for water/wastewater, public safety, and streets capital projects;

 Requires that the development of an infrastructure improvement plan precede an development fee study; and

 Cities cannot adopt/revise their building codes or increase their construction sales tax rates for three years.

Also, on May 28, House Democratic leadership unveiled their plan to address the $3 billion shortfall. The proposal relies heavily on federal stimulus dollars and state agency cuts. However, in addition to eliminating the state’s education equalization obligation, their scheme would “temporarily” suspend the sales tax portion shared with local governments to the tune of $1.1 billion. To offset any impact, they recommend expanding the sales tax base to include service transactions that are currently exempt. While key elements of this proposition would appear to be dead-on-arrival, the sales tax suspension creates a new dynamic that many members may begin to embrace. Government Relations is educating legislators on the impacts of this proposition.

STATE LEGISLATION OF INTEREST

Information that is new from the last legislative update report is indicated in bold.

PUBLIC SAFETY

Bills to Support

SB 1018: Burden of Proof; Emergency Treatment (Sen. Carolyn Allen, R – Scottsdale) defines the standard of proof necessary to establish medical malpractice for emergency departments as "clear and convincing." This measure includes paramedics and emergency medical technicians. This bill awaits committee assignments.

SB 1048: Emergency Telecommunication Services; Administrative Costs (Sen. Linda Gray, R – Glendale) increases the amount of monies in the Emergency Telecommunications Services Trust Fund that can be used for administrative costs from 3% to 5%. These dollars are needed to protect the operations of the statewide 911 emergency system. SB 1048 awaits committee assignments.

HB 2132: Scrap Metal Dealers; Electronic Submission (Rep. Jerry Weiers, R – Glendale) mandates scrap metal dealers to electronically submit purchase reports to the Arizona Department of Public Safety (DPS). DPS must make the information available to local law enforcement over the internet. HB 2132 passed the House Military Affairs and Public Safety Committee by a vote of 8 – 0 and is awaiting a hearing in the House Commerce Committee.

HB 2148: Human Trafficking; Violation (Rep. Kyrsten Sinema, D – Phoenix) adds all commercial sex acts, or sexually explicit performances, to the crime of sex trafficking, expanding this section of law beyond solely prostitution. This bill passed the House Judiciary Committee by a vote of 8 – 0 and is awaiting action in the House Committee of the Whole.

HB 2465: Scrap Metal; Theft; Dealers (Rep. Jerry Weiers, R – Glendale) increases the list of prohibited items (manhole covers, catalytic converters, water meters, etc.) that dealers cannot purchase unless authorized. The bill also requires dealers to electronically submit transaction records to the Arizona Department of Public Safety and make a database of such records accessible to local law enforcement. HB 2465 passed the House Military Affairs and Public Safety committee 8 – 0 and is awaiting action in the House Committee of the Whole.

HB 2530: Reckless Driving; Prior Convictions (Rep. Cecil Ash, R – Mesa) establishes enhanced sentencing for reckless driving offenders with prior reckless driving violations. This bill passed the House Transportation and Infrastructure Committee by a vote of 8 – 0 and is awaiting action in the House Committee of the Whole.

HB 2610: Civil Liability; Affirmative Defenses (Rep. Jim Weiers, R – Phoenix) provides additional defenses for law enforcement personnel against legal actions that may arise from use of police equipment during commission of a felony. HB 2610 passed House Committee of the Whole and now awaits Third Read action in the House.

Bills to Oppose

HB 2258: Consumer Fireworks; Novelties; Sales (Rep. Andy Biggs, R – Gilbert) allows for the sale of “consumer fireworks” and “novelties” by dealers licensed by the state fire marshal. Licensing revenues would go into a new fund and used for enforcement of the regulations required by the bill. Staff is concerned with the fire safety and preemption aspects of the bill. HB 2258 passed Third Read by a vote of 34-21 and now awaits committee assignments in the Senate.

HB 2331: Federal Immigration Law; Enforcement (Rep. Tom Boone, R – Peoria) prohibits cities and counties from enacting ordinances or adopting policies that in any way limit or prohibit the lawful enforcement of federal immigration laws. Federal law already prohibits such ordinances or policies; however, staff believes that the language of the bill is overly broad and conflicts with federal law. The bill passed the House Committee of the Whole and now awaits Third Read vote in the House.

HB 2474: Firearms; Storage; Motor Vehicles (Rep. John Kavanagh, R – Fountain Hills) prohibits property owners, employers, or business entities from restricting a person who lawfully possesses a firearm from storing a firearm in their vehicle that is in a parking lot. The City currently prohibits its employees from having firearms in its workplace which includes parking facilities. HB 2474 passed Third Read 41-10 and now awaits committee assignments in the Senate.

Bills to Watch

HB 2024: Law Enforcement; Duty Fitness Examination (Rep. John Kavanagh, R – Fountain Hills) mandates that employers of law enforcement and probation officers provide the results of a duty fitness examination to the officer within five days of the receipt of the results if the law or probation officer waives the right to an independent examination. This bill passed the House Military Affairs and Public Safety Committee by a vote of 7 – 0 and now awaits action in the House Committee of the Whole.

HB 2388: School Crossings; Signs (Rep. Andy Biggs, R – Gilbert) makes a number of changes to the signage requirements for school crossings. Staff worked with the bill sponsor in crafting the language for this measure. This bill passed the House Transportation and Infrastructure Committee amended by a vote of 8 – 0. HB 2388 passed the House Committee of the Whole and now awaits a Third Read vote.

NEIGHBORHOODS

Bills to Support

HB 2269: Landlords; Tenants; Foreclosures (Rep. Sam Crump, R – Anthem) requires contact information from entities that acquire properties through foreclosure to be disclosed in the property deed. Also, tenants of rental properties must be contacted prior to a trustee sale. This bill is awaiting a Third Read on the House Floor.

HB 2551: Criminal Damage; Classification (Rep. Anna Tovar, D – Tolleson) increases the crime of criminal damage in an amount of $250 or less to a class 1 misdemeanor. This bill is being pursued on behalf of the Neighborhood Services Department as an additional tool to discourage graffiti crime. The bill passed the House Judiciary Committee by a vote of 8 – 0 and now awaits action in the House Committee of the Whole.

PLANNING & ZONING

Bills to Oppose

HB 2124: Commercial Lease; Sales Taxes (Rep. Andy Biggs, R – Gilbert) exempts from municipal tax the gross proceeds of sales or gross income when a corporation leases property from another corporation, where both corporations are 80% owned by the same shareholders. Staff believes this bill would negatively impact city revenues. HB 2124 passed the House Ways and Means committee 5 – 3 and passed House Committee of the Whole. HB 2124 now awaits Third Read action in the House.

HB 2259: Local Development Fees; Procedures (Rep. Andy Biggs, R – Gilbert) makes various changes to the statute governing municipal development fees, including broad verbiage that would require all taxes generated by a development to be earmarked and credited against any impact fee computation. Most taxes are used to support the general services a city provides, rather than capital improvements. Staff opposes this language in the bill that can be interpreted to treat taxes as offsets against impact fees. This bill passed the House Commerce Committee by a vote of 7 – 1. HB 2259 now awaits action in the House Committee of the Whole.

Bills to Watch

HB 2329: Solar Energy; Permit Fees (Rep. Tom Boone, R – Peoria) caps the fees that municipalities or counties can charge for building permits for solar energy construction. Currently, cities are allowed to recoup the cost associated with administering the inspection process. This bill passed the House Water and Energy Committee by a vote of 8 – 0. HB 2329 passed the House Committee of the Whole and now awaits a Third Read vote.

WATER & ENVIRONMENT

Bills to Support

SB 1403: Renewable; High-Wage Industries Incentive (Sen. Barbara Leff, R – Paradise Valley) provides income tax credits and property tax reclassifications for renewable energy operations for tax years 2010 through 2014. This bill is awaiting a Senate committee assignment.

HB 2142: County Water Authority; Colorado River (Rep. Nancy McLain, R – Bullhead City) provides additional flexibility for on-river water users to utilize their Colorado River entitlements. This bill passed the House Committee of the Whole. HB 2142 now awaits a Third Read vote in the House

HB 2157: Wildlife; Aquatic Invasive Species (Rep. Nancy McLain, R – Bullhead City) permits the Arizona Game and Fish Director to create an aquatic invasive species program. The bill could aid the City’s water treatment facilities. This bill passed the House Committee of the Whole. HB 2157 is awaiting a Third Read vote in the House.

HB 2247: Home Sales; Water Supply Disclosure (Rep. Edward Ableser, D – Tempe) requires that developers that build subdivisions outside of active water management areas disclose the subdivision’s water supply to the county clerk at the time of the initial plat. This bill passed the House Commerce Committee by a vote of 6 – 0 and now awaits action in the House Committee of the Whole.

HB 2336: Community Facilities Districts; Renewable Energy (Rep. Lucy Mason, R- Prescott) permits a county board of supervisors to establish renewable energy incentive districts. This bill passed the House Committee of the Whole and now awaits a Third Read vote in the House.

HB 2424: Illegal Dumping; Penalties (Rep. Barbara McGuire, D – Phoenix) establishes requirements and penalties for the removal of trash and other debris on private or public property. Staff worked with the bill sponsor to ensure that the City’s Neighborhood Preservation Ordinance was not impacted. HB 2424 passed the House Judiciary Committee by a vote of 8 – 0 and now awaits action by in the House Committee of the Whole.

ELECTIONS

Bills to Support

SB 1006: Primary Election Date (Sen. Jim Waring, R – Phoenix) returns the primary election date to the eighth Tuesday before the general election in order to avoid having the primary election fall on the day after the Labor Day holiday. When Election Day is the day after the holiday, it presents considerable problems and inconvenience for polling places, precinct board workers and election officials to deliver supplies, and set up and prepare the polling places on the day before the election. Voters are also inconvenienced by the election occurring on the day after a three day holiday weekend. SB 1006 awaits committee assignments.

HB 2627: Voter Identification; Military Identification (Rep. David Gowan, R – Sierra Vista) specifies the types of identification that can be used in order to vote, including a military identification card, which is currently not acceptable. This bill passed the House Judiciary Committee by a vote of 8 – 0 and the House Committee of the Whole. HB 2427 now awaits Third Read action on the House Floor.

MISCELLANEOUS

Bills to Support

SB 1063: Domestic Violence Victims; Fee Exemptions (Sen. Jim Waring, R – Phoenix) exempts persons receiving services from a domestic violence shelter from having to pay fees when applying for a duplicate drivers license and birth certificate. This bill awaits committee assignments.

SB 1323: Emergency Mutual Aid Agreements (Sen. Barbara Leff, R – Paradise Valley) allows governmental entities to enter into mutual aid agreements with private water and wastewater companies. This legislation is being pursued on behalf of the Water Services Department. This bill awaits committee assignments.

HB 2129: State Aviation Fund; Grants (Rep. Jerry Weiers, R – Glendale) increases State Aviation Fund grants from a maximum 10% of a facility’s one year average annual revenue to 10% of three year combined revenue. This bill makes it easier for smaller airports to secure state aviation monies. HB 2129 passed the House Appropriations Committee by a vote of 11 – 0. This bill now awaits action in the House Committee of the Whole.

HB 2144: Insurance; Actuarial Opinions; Financial Audits (Rep. Nancy McLain, R – Bullhead City) requires that by January 1, 2011, every insurer in the state with aggregate premiums of more than $1 million, or with more than 1,000 policyholders, must comply with the financial auditing requirements of the National Association of Insurance Commissioners. Since the City is a purchaser of property and casualty insurance, staff believes that the reporting and confidentiality requirements of the proposed legislation would be beneficial to the City. HB 2144 passed the House Committee of the Whole and now awaits a Third Read vote in the House.

HB 2253: Publication of Notices; Websites (Rep. Russ Jones, R – Yuma) establishes a study committee to review the requirements of publishing public notices in local newspapers. This passed the House Committee of the Whole and now awaits a Third Read vote in the House.

HB 2282: Equine Tripping; Violation (Rep. Kyrsten Sinema, D – Phoenix) establishes a class 1 misdemeanor for horse tripping. This bill passed the House Judiciary Committee by a vote of 8 – 0 and now awaits action in the House Committee of the Whole.

HB 2390: Escort Vehicles; Training (Rep. Andy Biggs, R – Gilbert) requires that escort vehicle drivers have a minimum of four hours of training in certified traffic control techniques in addition to a valid escort vehicle operator certificate. HB 2390 passed the House Transportation and Infrastructure by a vote of 7 – 0. The bill passed the House Committee of the Whole and now awaits Third Read vote.

HB 2399: Automated External Defibrillators (Rep. Nancy Barto, R – Phoenix) establishes that maintenance, testing, and reporting on the use of automated external defibrillators is the responsibility of the person or entity that acquires a defibrillator, instead of a physician who agrees with the person or entity to oversee the defibrillator. This bill passed the House Committee of the Whole and now awaits a Third Read vote.

HB 2431: Vicious Animal Assault; Classification (Rep. Steve Montenegro, R – Litchfield Park) establishes a class 3 felony on persons that intentionally or knowingly cause a dog to bite or inflict serious injury upon another person. This bill passed the House Committee of the Whole and now awaits a Third Read vote in the House.

HB 2458: Dogs; Cats; Release From Pound (Rep. Steve Court, R – Mesa) mandates that a dog or cat that was impounded for biting a person, or for being a stray, must be sterilized and microchipped before being adopted or released to its owner. Certain exceptions apply. This bill passed the House Committee of the Whole and now awaits a Third Read vote in the House.

Bills to Oppose

SB 1001: Web and Video Conference Software (Sen. Jim Waring, R – Phoenix) requires cities and other government bodies to purchase web and video conference software as well as to provide training and have 100% of its employees capable of using the software within four years. This bill awaits committee assignments.

SB 1002: Elected Officials; Print; Visual Media (Sen. Jim Waring, R – Phoenix) prohibits elected officials from using public money in any media that names or identifies the public official. As interpreted by staff, city elected officials would violate this statute by simply appearing on the City’s dedicated TV station. This would hinder the ability of elected officials to effectively communicate with City residents. SB 1002 awaits committee assignments.

HB 2615: Government Transparency; Political Subdivisions (Rep. Steve Montenegro,

R – Litchfield Park) requires all levels of government to create and maintain a website database of all receipts and expenditures, beginning in January 1, 2011. This legislation would increase City expenditures in order to create and maintain the database. This bill passed the House Committee of the Whole and now awaits Third Read action.

RECOMMENDATION

Staff requests City Council approval, guidance and direction on these State legislative issues impacting the City.

Official Web Site of the City of Phoenix

Phoenix - All America City - 2009

Andrea Moreno, Chair

Laura French, Vice Chair

Janet Haning

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Rick Naimark Deputy City Manager	AGENDA DATE:		June 2, 2009
FROM:	Parks And Recreation Department Dale Larsen	ITEM:	2
SUBJECT:	DONATION TO THE AQUATICS SECTION FOR THE 2009 CIGNA SUMMER PROGRAM BY CIGNA HEALTHCARE OF ARIZONA