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Minutes of the Work Session held February 20, 2007 at 6:00 p.m. in the Council Chambers.

 

MEMBERS PRESENT

Mayor Lopez-Rogers and Council Members               Chuck Wolf, Vice Mayor

                                                                                              Jim Buster

                                                                                              Frank Scott

                                                                                              Ken Weise

                                                                                              Betty Lynch

EXCUSED

Jason Earp

 

ALSO PRESENT

Charlie McClendon, City Manager

Andrew McGuire, City Attorney

Gina Montes, Neighborhood and Family Services Director

Shirley Gunther, Government Affairs Manager

Linda Farris, City Clerk

 

 

2)       ARIZONA CALL-A-TEEN YOUTH PROGRAM

Gina Montes, Neighborhood and Family Services Director, reviewed the  Call-A-Teen mission and core values  and commented that it fits very well with the department’s philosophy.  She stated the program would provide staff support to provide job readiness skills training, career advisement, case management, and support services to youth and young adults, and provide ongoing reports to the City Council on results.  The work readiness program will provide paid work experience, occupational skills training, mentoring, tuition assistance, and support services to include transportation and school/work tools and supplies.  In support of this partnership, it is requested that the City of Avondale provide classroom/meeting space, participant referrals and marketing.  She stated Julian Moore, Program Manager of Arizona Call-A-Teen, was also present to take questions.

 

Council Member Lynch stated this was a great program.  She inquired if the City of Avondale was going to offer partnerships in this program to other cities.

 

Gina Montes responded it would not be exclusive to Avondale residents, but it would be more convenient to the Avondale residents.

 

Council Member Lynch stated the West Valley Human Services Alliance Education Committee was working on a project that parallels this program and that Ms. Montes should feel free to contact them about this program.

 

Gina Montes stated she would be sure to have someone in attendance.

 

Mayor Lopez-Rogers stated the Arizona Call-A-Teen Youth Program was a great program and she was glad it was now in the west valley.

 

3)       2007 STATE LEGISLATIVE UPDATE

Shirley Gunther, Government Affairs Manager, stated regarding the transportation proposals, no bills have come before the Governor.  She gave an update on bill HB 2562 which authorizes the State Transportation Board to use monies from the STAN account to reimburse cities or counties for interest costs associated with loans or bonds to accelerate transportation projects.  The bill is scheduled for a hearing on February 14, 2007 in the House Appropriations Committee.  The bill does have an amendment citing a January 1, 2008 start date instead of a January 1, 2007 start date, and the City would have to wait until January 2008 to apply to be eligible.  Ms. Gunther stated she has communicated with Representative Nelson and is working to get that amendment stripped from the bill.

 

Regarding State Shared Revenues, Ms. Gunther stated SB 1246, which proposes a tax credit for county residents that comes out of the Urban Revenue Sharing Fund, is scheduled for a hearing February 13, 2007.

 

Ms. Gunther stated the Blue Stake bill would mandate public subdivisions to locate and mark privately owned sewer laterals in the public right-of-way.  Ms. Gunther stated the concerns of the City were the liability, and that Southwest Gas Corporation did not want the liability associated with locating sewer laterals. 

 

Ms. Gunther stated a bill should come forward this year with regard to county islands.  Ms. Gunther stated Andrew McGuire, City Attorney, had done a great job working on Senate Bill 1423 regarding Impact Fees, which states whatever fees the City assesses, the City uses the fees for those purposes, which creates transparency.  Ms. Gunther stated the Payday Loan bills have died. 

 

Ms. Gunther stated the Major Event Reimbursement Fund, Bill 1604, would establish a fund for a city to recoup funds spent on safety issues and is moving through the legislation.

 

Council Member Lynch asked Charlie McClendon if he had an estimated cost of what Blue Staking bill would cost the City.

 

Charlie McClendon, City Manager, stated he had asked the Water Resources Department to provide some research, and they had responded the individual cost of going out and marking the property was 100-500 dollars.  He stated the real cost was in the event the property was miss-marked and there was subsequent damage. 

 

Council Member Lynch inquired what the $500.00 covered.  Charlie McClendon responded it covered the cost of identifying the line and doing the marking.  Council Member Lynch inquired did that cover the entire city.  Charlie McClendon responded that amount was for each property.  Council Member Lynch inquired what was the estimate for the total cost.  Charlie McClendon responded no total estimate had been given.  Council Member Lynch responded the other problem with Blue Staking was a lot of the markings were supposed to be gone in three months, but they never washed away, as hers were still visible from a year ago. 

 

Council Member Lynch stated she was tired of people who wanted to live in un-incorporated areas and have all the services free.  She stated she also has a problem with Senate Bill 1576.  Council Member Lynch stated she comes from a state heavy with toll roads that is famous for incredible death tolls on the toll roads and she feels toll roads will just be one hazard after another.  Council Member Lynch thinks the Legislature at this point has more important things to do.  She reiterated she is very concerned with Senate Bill 1604.  Council Member Lynch also stated she had made a business call and received a returned call regarding the Major Event bill, and the Avondale City Council was being accused by the caller of something the City Council did not know about, and it came down to the fact that the City Manager and the Major had made a decision without the City Council's knowledge.

 

City Manager, Charlie McClendon, inquired if that was a decision regarding PIR, and Council Member Lynch responded yes.  City Manager McClendon clarified PIR had called and asked the City to oppose the Bill 1604, the Major Event bill, and the City Manager and Mayor had took the position that until they had had a chance to talk to the Council this evening, that they were not going to take a position one way or the other because they did not feel they could oppose the bill without direction of Council. 

 

Council Member Lynch stated the word she had received was they were asked to support the bill with PIR and other private entities, and for this purpose she believes there is some income benefit coming into the City to help pay for the public safety costs.

 

City Manager McClendon recommends to Council that they support Bill 1604 if those entities were in the bill.  He stated the bill as it stands right now does not include those entities, so they had been asked to oppose it for that reason.

 

Council Member Lynch stated she had understood that the bill was being held pending trying to get those entities back in.

 

City Manager McClendon stated if that were going to happen, that would have happened today.

 

Shirley Gunther, Government Affairs Manager, responded Bill 1604 was supposed to be heard in the Senate Appropriations Committee and she understands PIR was able to get the bill held, and they would like at this point for Avondale to take action in opposing the bill as it currently stands because the way it is written, it would only apply to Glendale and perhaps Tempe and Phoenix.  Ms. Gunther stated when the Council is considering whether to oppose another city's legislation, to please think very carefully and consider does the current legislation hurt the City, and as the bill currently stands it does not adversely affect Avondale in any way.  She stated if Council still feels they need to oppose the bill, they would.  She stated her offer to Glendale was can Avondale facilitate a meeting with PIR and Glendale after today's hearing and see if perhaps an amendment can be added that would include PIR, and Glendale had agreed. 

 

Council Member Lynch stated that is what she would like to see and that the City needs to continue to build these partnerships.

 

Shirley Gunther responded, as she told the PIR lobbyist, that Avondale and PIR have the same goals; they just have a different approach.

 

Council Member Lynch inquired are we headed toward sitting down with PIR and Glendale. 

 

Ms. Gunther responded Glendale had agreed to that, but whether PIR would come to the table, she did not know. 

 

Council Member Lynch stated there was discussion about moving people to the HOV lane and that getting the trucks into some lanes and cars into other lanes as other states have done, that was the best way to move people in her estimation.  She stated the legislation was very much in favor of that in the past and just because it got vetoed by a former governor, she saw no reason it could not come forward again, and now it was too late to submit any bills. 

 

Ms. Gunther responded it was interesting that very much of what Council Member Lynch was saying now was said by other members of the committee.

 

Council Member Lynch stated she agrees with the liquor bill, and she knows that the League is behind the bill as well.

 

Ms. Gunther stated the liquor bill was being held until some amendments were being worked out, as there was still no provision for the additional enforcement officers and they are trying to get that included because it was not included in the budget either. 

 

Vice Mayor Wolf stated the STAN legislation modifications were exceptional and he thought Council should continue to watch very closely that the date for application did not continue to slip out until January 1, 2013, for example.  He stated having something to allow for the interest provisions gives the State an opportunity to leverage the investment in the STAN account.  Vice Mayor Wolf stated he was perplexed in how to create a toll lane that does not isolate the lane entirely, which would reduce the capacity of the freeway as opposed to increasing it, and the lane is pretty full already.  Vice Mayor Wolf stated if it is just a revenue generation scheme, he would be interested to see how they plan to make it work because he has only seen anything like it in Texas in their entirely dedicated lanes.

 

Council Member Buster stated he does not mind toll lanes if they create an additional lane, but in this case they are taking away a lane to create a toll lane and he does not know if that is legal, as an HOV lane is part of the State implementation plan for air quality and those lanes were funded with federal funds and he does not believe the State can do with them what it wants at will.  Council Member Buster inquired if that issue had come up at all in the hearing.

 

Shirley Gunther responded the issue had come up, and for whatever reason they had met the federal obligations and the State could convert those lanes and the State could, in any acceleration project, be eligible for the fast lanes. 

 

Council Member Buster stated you may very well be able to legally, but you would have to go through the EPA and get them to buy off on that and then find another measure to replace that in order to make sure that there was an offsetting measure in place.  Council Member Buster stated you could not unilaterally do it.

 

Vice Mayor Wolf stated he was in agreement with Council Member Buster's assessment of the situation.  He stated as far as the Blue Staking and county fire districts are concerned, these are the two 800 pound gorillas that seem to come back every single year.  Vice Mayor Wolf stated his opinion was if there was legislation put in place that creates a condition where cities can be reimbursed if cities respond to that area, then that is somewhat acceptable.  He believes what the Legislature is trying to do is put the City in a position where they will need to annex all these areas, because there is still a risk if the City is responding to a county island whether it is a response where they are called in on a joint assistance agreement or something along those lines, or there is a problem in Avondale and it is not something that Goodyear can get to or Buckeye or Phoenix can get to, Avondale runs a lot of risk in that respect.  Vice Mayor Wolf stated he believes any of this legislation that does not provide some protection in that respect is dangerous for the City.  As far as Blue Stakes are concerned, he met with Representative Nelson last year and they do not agree.  Vice Mayor Wolf does not know how you take something that is essentially a private situation and throw it back on the doorstep of the public sector and expect anybody to buy into that, and that current and future residents would be the ones to pay that price when there is an EPA violation, a sanitary sewer overflow violation, or worse yet, someone gets ill because there is a rupture of a sewer line, etc., so he is not a big fan.  Vice Mayor Wolf stated as far as the Major Event Reimbursement Fund is concerned, he certainly would not oppose it, as any legislation that sets the stage for something like this is legislation the City can build on next year.  He does not think the Council should oppose it.  He does not think Council should be ranting and raving for it if it has nothing to do with Avondale either, but he realizes they joke that PIR has a tendency to shoot first and aim second, and while he appreciates their vigor and how much they like to defend their territory and the fact that their territory is in Avondale, he does not know if this is a good battle for Council to get in the middle of, other than to try and find a resolution that works for everybody.  Vice Mayor Wolf stated his personal opinion was the expenses that occur at PIR pale in comparison to the expenses that occur around PIR to support it, and Avondale carries the bulk of those expenses in both cases.  Therefore, whether Avondale gets some reimbursement from PIR for expenses or not is irrelevant.  A lot of money is invested and will continue to be invested to support those two major races and the bill is a good start in finding a way to get reimbursed for those expenses.  Vice Mayor Wolf stated if we can work a deal to get venues located and it is not applicable to the actual manager of the venue, but it is just an event at PIR, an event at Scottsdale TPC or the Glendale facilities, then the cities can be reimbursed and he thinks we might be at the start and we will see where it goes.

 

Mayor Lopez-Rogers stated regarding the toll roads or HOV lanes, the rapid bus stops on those lanes would not help with a toll lane.  Mayor Lopez-Rogers stated she wanted to reassure the Council they would not take any stand on any legislation without input from the Council.  In regard to PIR and the bill they are looking at, she stated they definitely are sitting back and taking a look at it and continuing conversations until they can make some headway and move forward.

 

Ms. Shirley Gunther stated she would be remiss if she gave Representative Biggs kudos for supporting their legislation, but she would be remiss if she did not include Representative Jerry Wires, as he also is on the committee and he advocated strongly for the City of Avondale, Goodyear, and Litchfield Park, as did Representative Pete Rios.

 

4)  ADJOURNMENT

 

There being no further business to come before the Council, Vice Mayor Wolf moved to adjourn.  Council Member Weise seconded the motion.  The motion carried unanimously.

 

Meeting adjourned at 6:40 p.m.

 

 

 

                                                                                              _____________________________

                                                                                              Mayor Lopez-Rogers

 

 

_________________________________

Linda M. Farris, CMC

City Clerk

 

 

CERTIFICATION

 

I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Work Session of the Council of the City of Avondale held on the 20th day of February, 2007.  I further certify that the meeting was duly called and held and that the quorum was present.

 

 

 

__________________________________

City Clerk