Pursuant to A.R.S. § 38431.02, 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, May 13, 2008, 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.

1:00 P.M. -

AN EXECUTIVE SESSION WAS CALLED FOR THIS TIME AT THE POLICY MEETING OF MAY 6, 2008.

THE TIMES LISTED FOR AGENDA ITEMS ARE ESTIMATED. ITEMS MAY BE DISCUSSED EARLIER OR IN A DIFFERENT SEQUENCE.

ESTIMATED

1. 2:00 P.M.-

COUNCIL INFORMATION AND FOLLOW-UP REQUESTS.

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.

There is no Consent Agenda for consideration this week.

CALL FOR AN EXECUTIVE SESSION.

A vote to call an Executive Session may be held.

INFORMATION REQUESTS ON FORMAL

AGENDA ITEMS.

This item is scheduled to give City Council members an opportunity to ask questions about the Formal Agenda on Wednesday, May 14, 2008. If the information is available, staff will immediately provide it to the City Council member.

REPORTS 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.

ESTIMATED

2. 2:30 P.M.-

PHOENIX PRIDE COMMISSION ANNOUNCES NEW POINTS OF PRIDE SITES

Staff: Krietor, Maccarone
(Presentation 10 min.)

The purpose of this report is to notify the City Council of the results of the recent Phoenix Pride Commission's Points of Pride election that will add three new sites to the current 30 Points of Pride.

This item is for information only. No City Council action is required.

Back-up included in Council packet/City Clerk's Office.

ESTIMATED

3. 2:40 P.M.-

2008 sTATE LEGISLATIVE UPDATE

Staff: Fairbanks, Peters
(Presentation 10 min.)

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

This item is for information, discussion and possible action.

Back-up included in Council packet/City Clerk's Office.

ESTIMATED

4. 2:50 P.M.-

2008 Five-Year Arterial Street AND Storm Drain Program

Staff: Callow, Bearup
(Presentation 10 min.)

This report requests City Council adoption of the 2008 Five-Year Arterial Street and Storm Drain Program.

This item was approved at the May 1, 2008 Transportation and Infrastructure Subcommittee.

This item is for information, discussion and action.

Back-up included in Council packet/City Clerk's Office.

ESTIMATED

5. 3:00 P.M.-

REGIONAL OFFICE CENTER

Staff: Fairbanks, Peters
(Presentation 10 min.)

The purpose of this report is to provide an update and obtain Council direction on the Regional Office Center.

This item is for information, discussion and possible action.

Back-up included in Council packet/City Clerk's Office.

ESTIMATED

3:40 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 Johnson

Councilman Mattox

Councilman Nowakowski

Councilman Simplot

Councilman Stanton

Councilwoman Williams

Vice Mayor Neely

Mayor Gordon

CITY COUNCIL REPORT
POLICY AGENDA
TO:	David Krietor Deputy City Manager	AGENDA DATE:		May 13, 2008
FROM:	Toni Maccarone Public Information Director	ITEM:	2
SUBJECT:	PHOENIX PRIDE COMMISSION ANNOUNCES NEW POINTS OF PRIDE SITES

THE ISSUE

In fall 2007, the Phoenix Pride Commission asked the public to nominate their favorite site or attraction to be considered as a new Point of Pride. The proposed sites must be located within the city limits and people or events were not eligible. Voters did not need to be Phoenix residents to cast their ballots.

More than 60 sites were nominated through a process that emphasized the quality of a nomination essay rather than the quantity of the votes received. From these suggestions, 10 finalists were selected from which the public was invited to select their top choice. The sites included ASU at the West campus, Burton Barr Central Library, George Washington Carver Museum and Cultural Center, Chase Field, Cesar Chavez Park, Cutler-Plotkin Jewish Heritage Center, Murphy Bridle Path, North Mountain Visitor’s Center, Pioneer Living History Museum, and Royal Palms Resort and Spa.

The public was invited to cast a vote for the top site(s) from February 11 to March 20. Of the more than 12,400 votes submitted, the majority of the votes (9,500) were received online through the city’s phoenix.gov Web site. Votes also were received by postcard addressed to the city's Public Information Office. For votes to be valid, each postcard or online submission had to list only one location and must have had the signature and address of the nominator.

The votes were tallied by the Points of Pride Committee and the Phoenix Pride Commission has selected the three top vote getters to be the newest points of pride: Cutler-Plotkin Jewish Heritage Center, ASU at the West campus, and Burton Barr Central Library. Each of the nominees enthusiastically promoted their respective sites and were genuinely interested in becoming a Point of Pride. The number of Points of Pride now totals 33.

OTHER INFORMATION

The Phoenix Pride Commission was created in 1991 to foster a sense of community pride in Valley residents.

The first Points of Pride campaign kicked off in the fall of 1992 and out of more than 150 locations suggested by the public, 25 sites were selected and announced in the spring of 1993. In the fall of 1995, from more than 15,000 entries suggesting 70 locations, the Blockbuster Desert Sky Pavilion, now Cricket Pavilion, was selected by a public vote. In 2000, the Deer Valley Rock Art Center became a Point of Pride and the Japanese Friendship Garden, Ben Avery Shooting Facility and the Thomas Pappas School were selected in 2004. A sign has been placed at each location to recognize its designation and brochures listing the Points of Pride are distributed to the sites and other destinations throughout the city.

RECOMMENDATION

This report is for information only.

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Frank Fairbanks City Manager	AGENDA DATE:		May 13, 2008
FROM:	Karen Peters Intergovernmental Affairs Director	ITEM:	3
SUBJECT:	2008 STATE LEGISLATIVE UPDATE

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

May 13 is the 121st day of the Second Regular Session of the 48th Legislature. As of May 7, 163 bills have been signed by the Governor, 1 will become law without her signature, and 13 bills have been vetoed. Bills without an emergency clause or specific effective date will take effect 90 days after final adjournment of the session. Information that is new from the last legislative update report is indicated in bold.

REVENUE AND TAXES

Bills to Oppose

SCR 1003: Constitutional Amendment; Prop. 13 Arizona (Sen. Jack Harper, R – Surprise) would roll back property values to 2003 valuations and reduce the tax rate, resulting in a significant financial impact. Not only would the City’s General Fund receive considerably less revenue, but current and future bond programs would be severely affected. If approved, this measure would be placed on November’s General Election ballot. This bill awaits a hearing in the Senate Finance Committee.

SCR 1028: Public Gifts; Loans (Sen. Karen Johnson, R – Mesa) would prohibit all grants and subsidies by public entities, regardless of the public purposes that might be served. Some of the programs that would be impacted include affordable housing, historic preservation, public art, and Block Watch efforts. If approved, this measure would be placed on November’s General Election ballot. This measure passed the Senate Financial Institutions, Insurance and Retirement Committee by a vote of 3 – 2 and now awaits a hearing in the Senate Rules Committee.

SB 1254: Urban Revenue Sharing; Tax Credit (Sen. Bob Burns, R – Peoria) allows a 15% tax credit to taxpayers that live outside incorporated cities or towns, resulting in reduced shared revenue to cities. This bill passed the Senate Finance Committee by a vote of 5 – 3 and now awaits a hearing in the Senate Rules Committee.

HCR 2040: Spending Accountability and Transparency Act (Rep. Russell Pearce, R – Mesa) requires every city and county to maintain a website with all financial data relating to revenue and distribution of funds for the public’s information. Staff recommends opposing due to the staffing and significant financial resources needed to create and maintain such a website. If approved, this measure would be placed on November’s General Election ballot. This measure passed the House Appropriations Committee by a vote of 9 – 5 and now awaits a hearing by the House Rules Committee.

HB 2637: Prohibiting Municipal Taxation of Services (Rep. Rick Murphy, R – Glendale) prohibits the city from levying a privilege or use tax on various services, such as advertising and other business-related services. Because the City currently taxes advertising, staff estimates that this bill will reduce City revenue dedicated to the Convention Center by $5 million per year. This bill passed the House Appropriations Committee by a vote of 9 – 6 and now awaits a hearing in the House Rules Committee.

HB 2641: Urban Revenue Sharing; Tax Credit (Rep. Rick Murphy, R – Glendale) allows a 15% tax credit to taxpayers that live outside incorporated cities or towns, resulting in reduced shared revenue to cities. This bill passed the House Appropriations Committee by a vote of 9 – 6 and now awaits a hearing in the House Rules Committee.

Bills to Monitor

HCR 2044: Voter-Protection; Temporary Budgetary Suspension (Rep. Russell Pearce, R – Mesa) amends the State Constitution to allow the Legislature to ignore voter-approved requirements to appropriate or divert monies for specific purposes if both Joint Legislative Budget Committee and Governor’s Office of Strategic Planning and Budget “issue a written finding” that the fiscal year is projected to have a deficit. If approved, this measure would be placed on November’s General Election ballot. This bill passed the Senate Appropriations Committee by a vote of 6 – 3 and now awaits a hearing in the Senate Rules Committee.

HCR 2069: State Budget; Continuation (Rep. Rick Murphy, R – Glendale) amends the State Constitution to provide for continued funding of state agencies if a state budget has not been enacted by June 30 of any year. Funding would be at the previous year's level. If state monies are insufficient to continue previous year's funding levels, budgets and funding shall be reduced proportionately. If approved, this measure would be placed on November’s General Election ballot. This bill passed the House Appropriations Committee by a vote of 10 – 5 and now awaits a hearing in the House Rules Committee.

HB 2585: General Obligation Bond Requirements (Rep. Steve Yarbrough, R – Chandler) would have taken away flexibility related to early retirement of debt associated with general obligation bonds, resulting in a significant decrease in the amount the City levies for secondary property tax and a potential impact on the City's bond rating. After lengthy negotiations via stakeholder meetings, HB 2585 has been significantly amended, now changing the type of debt repayment information contained in voter publicity pamphlets. This bill passed the Senate Finance Committee by a vote of 7 – 1 and now awaits a Third Read vote on the Senate Floor.

PUBLIC SAFETY

Bills to Support

SB 1121: Emergency Response Commission; Continuation (Sen. Jack Harper, R – Surprise) would extend the termination date of the Arizona Emergency Response Commission from July 1, 2008, to July 1, 2018. This bill was signed by the Governor on May 1.

SB 1153: Improvised Explosive Device; Definition (Sen. Chuck Gray, R – Mesa) expands the definition of "deadly weapon" for purposes of the criminal code to include explosives. In addition, the definition of "prohibited weapon" will include (1) explosion or detonation of a chemical or combination of chemicals, compounds or materials and (2) improvised explosion device. This bill passed the House Natural Resources and Public Safety Committee by a vote of 8 – 0 and now awaits a hearing in the House Judiciary Committee.

SB 1165: Salvage Title; Stolen Vehicle Title (Sen. Pamela Gorman, R – Anthem/Phoenix) makes several changes in the issuance of titles, including the creation of a stolen vehicle title, providing additional information for law enforcement, insurance companies, and potential purchasers. This bill passed the House by a vote of 55 – 0 and now awaits action in the Senate.

SB 1405: Equine Tripping; Violation (Sen. Chuck Gray, R – Mesa) states that intentionally tripping an equine (a horse or donkey) for entertainment or sport is a class 1 misdemeanor, punishable by at least 48 consecutive hours in jail and a fine of at least $1000 for a first offense, 30 consecutive days in jail and a fine of at least $2000 for a second offense, and 90 consecutive days in jail and a fine of at least $2000 for a third or subsequent offense. The language was introduced via a “strike-everything” amendment. This bill passed the House by a vote of 56 – 0 and now awaits action in the Senate.

HB 2381: Emergency Telecommunication Services; Administrative Costs (Rep. Jerry Weiers, R – Glendale) addresses the revenue shortfall in the emergency 911 system by adjusting the administrative fees the Arizona Department of Administration receives and transferring these monies to the regional 911 network. This bill passed the Senate Public Safety and Human Services Committee by a vote of 5 – 2 and now awaits a hearing in the Senate Appropriations Committee.

HB 2408: Stretcher Vans; Transport of Patients (Rep. Bob Stump, R – Peoria/Sun City) clarifies that stretcher and wheelchair vans are not to be used for the transport people to and from care facilities and hospitals that need continued monitoring. This bill was signed by the Governor on April 28.

HB 2466: Critical Infrastructure Information; Disclosure (Rep. John Nelson, R – Glendale) exempts critical infrastructure information from public disclosure. This legislation mirrors an existing City ordinance providing for securing plans and specifications on critical infrastructure. This bill was signed by the Governor on April 22.

HB 2478: Redaction Orders; Expiration; Notice; Funds (Rep. Kirk Adams, R – Mesa) clarifies that persons whose redaction orders are set to expire will be notified directly of this action. Currently, law enforcement officers, judges, attorneys, and people with certain other occupations, may petition the court for a five-year order that their home addresses and phone numbers will be redacted from public records such as property documents and voter registrations. This bill lessens the chance that the order will expire without the individual having notice and an opportunity to re-apply. This bill was signed by the Governor on April 28.

HB 2480: Aggravated Luring; Minors; Sexual Exploitation (Rep. Kirk Adams, R – Mesa) adds to the “dangerous crimes against children” list use of an electronic communication device to send visual material that is harmful to minors for the purpose of communicating with a person the sender knows or has reason to know or believe is a minor, or, communicating to seek sexual conduct with the minor. This bill passed the Senate by a vote of 28 – 0 and now awaits action in the House.

HB 2485: Unlawful Public Sale of Animals (House Speaker Jim Weiers, R – Phoenix/Glendale) makes it a class 2 misdemeanor to sell animals on a public highway, park or public property adjacent to or on private property without express consent of the owner. This bill passed the Senate Natural Resources and Rural Affairs Committee by a vote of 5 – 2 and now awaits a hearing in the Senate Rules Committee.

HB 2554: Justice Courts; Criminal Actions; Jurisdiction (Rep. Andy Biggs, R – Mesa) clarifies the maximum amount that municipal courts can collect in fines. Current law is ambiguous because of conflicts resulting from enactment of recent DUI laws. This bill was signed by the Governor on April 29.

HB 2574: Airports; Designated Security Areas; Weapons (Rep. Jerry Weiers, R – Glendale) permits local law enforcement to detain persons who carry unauthorized firearms in federal designated secure areas of commercial airports. This bill was signed by the Governor on April 28.

Bills to Oppose

SB 1106: Concealed Weapons Permit; Renewal Option (Sen. Chuck Gray, R – Mesa) establishes procedures by which concealed weapon permits can be permanent. Police believes the current five-year renewal process that includes background checks ensures that an unqualified person is not in possession of a firearm. This bill passed the House Homeland Security and Property Rights Committee by a vote of 5 – 4 and now awaits a hearing in the House Rules Committee.

SB 1265: Law Enforcement Officers; Probation Officers; Right to Representation; Right to Evidence to Appeal; Change of Hearing Officer or Administrative Law Judge; Definitions (Sen. Karen Johnson, R – Mesa) proposes a change to the discipline appeal process for law enforcement officers. The change would permit both parties one opportunity to request a new hearing/mediation officer. This proposed change will hurt the due process rights of law enforcement officers and employers alike because it could delay hearings for months while new hearing officers are recruited, contracted with, and trained on the specific procedures of each individual merit system council or board. This measure was introduced as a “strike-everything” amendment. SB 1265 passed the House Judiciary Committee by a vote of 8 – 0 and now awaits a hearing in the House Rules Committee.

SB 1339: Law Enforcement; Probation; Officers; Investigations (Sen. Linda Gray, R – Phoenix) proposes a change to the discipline appeal process for law enforcement officers. The change would permit both parties one opportunity to request a new hearing/mediation officer. In addition, new polygraph methods are proposed. This proposed change will impair the due process rights of law enforcement officers and employers alike because it could delay hearings for months while new hearing officers are recruited, contracted with, and trained on the specific procedures of each individual merit system council or board. This bill passed the Senate by a vote of 28 – 0 and now awaits action by the Governor.

HB 2389: Misconduct Involving Weapons; Means; Transportation (Rep. John Kavanagh, R – Fountain Hills) repeals the state law that prohibits carrying a concealed weapon without a permit in a vehicle. Staff opposition is based on increased danger to law enforcement. This bill passed the Senate Judiciary Committee by a vote of 4 – 2 and now awaits a Third Read vote in the Senate.

HB 2630: Concealed Weapons; Petty Offense (Rep. Russell Pearce, R – Mesa) makes carrying a concealed weapon without a permit a petty offense, possibly compromising officer safety. This bill was vetoed by the Governor on April 29.

IMMIGRATION

Bills to Oppose

HCR 2039: Illegal Aliens; Enforcement; Trespassing (Rep. Russell Pearce, R – Mesa) withholds shared revenue from municipalities that prohibit their law enforcement officers from enforcing federal immigration laws. If approved, this measure would be placed on November’s General Election ballot. This measure awaits a Third Read vote in the House.

HB 2745: Employer Sanctions (Rep. Russell Pearce, R – Mesa) makes a number of clarifications to the employer sanctions law enacted last year. Staff is concerned with the additional requirements to check identification that establishes citizenship when issuing licenses for regulatory and tax collection purposes. This bill was signed by the Governor on May 1.

Bills to Monitor

HCR 2064: Local Enforcement; Immigration (Rep. John Nelson, R – Glendale) requires officials, agencies and personnel of counties and municipalities to comply with and support the enforcement of federal immigration laws. Staff is concerned about the vagueness of the bill, associated costs of implementation, and possible increases in civil rights lawsuits against the City, but has been working with the sponsor and expects amendments that address these concerns. If approved, this measure would be placed on November’s General Election ballot. This measure passed the House Counties, Municipalities and Military Affairs Committee by a vote of 4 – 3 and now awaits a hearing in the House Rules Committee.

HB 2807: Immigration; Local Enforcement (Rep. John Nelson, R – Glendale) requires sheriffs and police departments to implement a program to address violations of federal immigration laws, and prohibits officials, agencies or personnel of counties, cities or towns from being limited in sending, receiving or maintaining information related to immigration status. This bill was vetoed by the Governor on April 28.

TRANSPORTATION

Bills to Support

SB 1167: Off-Highway Vehicles; User Fees (Sen. Linda Gray, R – Phoenix) makes it a misdemeanor to “off road” in unapproved areas or in a manner that causes harm to the habitat and environment, requires payment to the state for off-roading permits and dictates how the money is to be spent once received and held by the state in a fund and mandates new license plates for off road vehicles. This language was added via a “strike-everything” amendment in the House Natural Resources and Public Safety Committee. SB 1167 passed the House by a vote of 42 – 13 and now awaits action in the Senate.

HB 2093: School Crossings (Rep. Andy Biggs, R – Gilbert) requires that when portable signs that indicate “school in session,” “stop when children are in crosswalk” or “civil penalties doubled” are placed near a crosswalk, the speed limit shall be 15 miles per hour and all vehicles must come to a complete stop at the crossing when a person is in the crosswalk. This measure would become effective January 1, 2009. This bill was signed by the Governor on May 1.

HB 2094: Highway Project Advancement Notes (Rep. Andy Biggs, R – Gilbert) increases the cap on use of highway project advancement notes “HPANs” from $100 million to $300 million and expands the program so that it can be used by counties as well as cities or towns. The definition of a highway project is also expanded to include a transportation improvement plan of a regional association of governments. Additionally, the bill allows HPANs to have terms up to fifteen years instead of five years. This bill passed the Senate Transportation Committee by a vote of 4 – 0 and now awaits a hearing in the Senate Rules Committee.

Bills to Monitor

SB 1041: Transportation; HOV Lanes; Hybrids (Sen. Jack Harper, R – Surprise) states that a hybrid vehicle may use the HOV lane at any time if it has at least 45 percent fuel efficiency in combined city-highway fuel economy based on information provided by the federal government. Previously, hybrid vehicles could use the HOV lane at any time if the federal government allowed it. The bill passed the House Transportation Committee by a vote of 10 – 0 and now awaits a hearing in the House Environment Committee.


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