Last Modified on 11/20/2009 16:58:04NOTICE OF PUBLIC MEETING
PHOENIX CITY COUNCIL
PUBLIC SAFETY AND VETERANS SUBCOMMITTEEPursuant to A.R.S. Section 38-431.02, notice is hereby given to the members of the PHOENIX CITY COUNCIL PUBLIC SAFETY AND VETERANS SUBCOMMITTEE and to the general public, that the public safety and VETERANS subcommittee will hold a meeting open to the public on Monday, November 23, 2009, at 10:00 a.m. located in the Subcommittee Room, 12th Floor, Phoenix City Hall, 200 West Washington Street, Phoenix, Arizona.
One or more board members may participate via teleconference. Agenda items may be taken out of order.
The agenda for the meeting is as follows:
1.
Call to Order
2.
Approval of minutes of the October 27, 2009 meeting.
This item is for Action.
Subcommittee members
3.
VICTIM RIGHTS PROGRAM 2009 - 2010
The Police Department requests Public Safety and Veterans Subcommittee approval to apply for grant funds in the amount of $17,600 from the Arizona Attorney General’s Office.
The item is for Consent Action.
Jack Harris, Public Safety Manager
Cmdr. Davila
4.
PARKING ORDINANCE
This report provides an historical overview of the City’s Parking Ordinance, comparative data from metropolitan areas across the country, and recommendations from a multi-department Parking Ordinance Task Force.
The item is for Consent Action.Jack Harris, Public Safety Manager
5.
PROSTITUTION DIVERSION PROGRAM
The City of Phoenix Law Department requests the Public Safety Veterans Subcommittee recommend City Council approval for an RFP process to provide services for four years for the Prostitution Diversion Program (PDP).
The item is for Consent Action.
Aarón J. Carreón-Aínsa, City Prosecutor
6.
FIRE AND EMERGENCY RESPONSE (SAFER) PROGRAM GRANT
The purpose of this report is to request the Public Safety and Veterans Subcommittee recommend City Council authorization to apply to the Department of Homeland Security (DHS) for 2009 Staffing for Adequate Fire and Emergency Response (SAFER) grant funds.
The item is for Consent Action.
Robert Kahn, Fire Chief
7.
MONTHLY CRIME UPDATE
Staff will provide a report on current law enforcement efforts within the City. Although no presentations are planned staff will be available for questions.
This report is for Information Only.
Connie Kostelac, Police
8.
NEW COMPUTER AIDED DISPATCH SOFTWARE
This report advises Public Safety and Veteran’s Subcommittee of the new Computer Aided Dispatch (CAD) software for dispatchers and mobile data computers in police vehicles utilized to enhance service delivery to the Phoenix residents.
This report is for Information Only.
Jack Harris, Public Safety Manager
Lori Rhyons, Police
9.
FIRE INVESTIGATIONS UPDATE
The purpose of this report is to provide the Public Safety and Veterans Subcommittee with an update on the Fire Department’s Fire Investigations Section. Although no presentations are planned staff will be available for questions.
This report is for Information Only.
Robert Kahn, Fire Chief
Jack Ballatine, Fire
10.
PUBLIC SAFETY LEGISLATIVE UPDATE
This report provides an update on public safety related state legislation from the First Regular Session of the 49th Arizona State Legislature.
This item is for Information and Discussion.
Karen Peters,
Government Relations
John Wayne Gonzales, Government Relations
11.
UPDATE ON FIRE INSPECTIONS OF OUTSIDE STORAGE BUSINESSES
This report provides an update to the Public Safety and Veteran’s Subcommittee on the progress of inspecting high priority businesses that store large quantities of wood pallets or mulch materials outside.
This item is for Information and Discussion.
Steve Kreis, Asst. Fire Chief
Est. 10 minutes
12.
CRIME SUPPRESSION EFFORTS IN THE SQUAW PEAK PRECINCT
This report provides information to the City Council Public Safety and Veterans Subcommittee on
the current trend of the reduction crimerecent crime trends and crime suppression efforts in the Squaw Peak Precinct.
This item is for Information and Discussion.
Jack Harris, Public Safety Manager
Cmdr. A. Smith
Est. 10 minutes
13.
Adjournment
Chairman Mattox
For further information, please call Charlene Reynolds, Management Assistant, City Manager’s Office at 602-534-5561.
Persons paid to lobby on behalf of persons or organizations other than themselves shall register with the City Clerk prior to lobbying or within five business days thereafter, and must register annually to continue lobbying. If you have any questions about registration or whether or not you must register, please contact the City Clerk’s Office at 602-262-6811.
For reasonable accommodations, call Charlene Reynolds at Voice/602-534-5561 or TTY/602-534-5500 as early as possible to coordinate needed arrangements.
November 19, 2009
Public Safety and Veterans Subcommittee, November 23, 2009, Item 2
PHOENIX CITY COUNCIL
PUBLIC SAFETY & VETERANS SUBCOMMITTEE
MINUTES
October 27, 2009
Subcommittee Members Present
Chairman Claude Mattox
Councilwoman Thelda Williams
Councilman Nowakowski
Staff Present Public Present
Alton Washington
Rob Handy
Greta Rogers
Charlene Reynolds
Jeff Lazell
Susan Benton
Edith Baltierrez
Constance Kostelac
Penny Parrella
James Richter
Ester Reeves
Lynn Williams
Dianna Noli Hill
Vicki Hill
Roxanne Song Ong
Barbara Parascandola
Andy Anderson
Jack Harris
Patti Rea
Patti Moore
Dave Smithwick
Cynthia Seelhammer
Dave Harvey
Doug Pilcher
1. Call to Order
Chairman Mattox called the meeting to order at 10:02 a.m., with Councilwoman Williams and Councilman Nowakowski present. Councilman Johnson was absent.
2. Approval of Minutes of the September 22, 2009 Meeting
Councilwoman Williams motioned approval of the minutes of the September 22, 2009 meeting. Councilman Nowakowski seconded the motion, which passed 3:0.
3. Additional 2009 Neighborhood Block Watch Grant Award
Councilwoman Williams motioned approval of the Neighborhood Block Watch Grant Program (NBWGP) Oversight Committee’s recommendation to fund an additional grant in the amount of $10,000 for the 2009 grant year. Councilman Nowakowski seconded the motion, which passed 3:0.
4. Tobacco Compliance Intergovernmental Agreement – 2009/2010
Councilwoman Williams motioned approval of the receipt of Intergovernmental Agreement (IGA) funds in the amount of $24,997 from the Arizona Attorney General’s Office (AGO). Councilman Nowakowski seconded the motion, which passed 3:0.
5. Rifle Exchange and Trade
Councilwoman Williams motioned approval for the Phoenix Police Department to conduct a weapon trade and exchange. Councilman Nowakowski seconded the motion, which passed 3:0.
6. Monthly Crime Update
This item was for information only.
7. New Precinct Boundaries
This item was for information only.
8. Public Safety Legislative Update
This item was moved to the agenda for November 23, 2009 Subcommittee meeting.[e1]
9. City Code Revision – Alarm Systems
Public Safety Manager Jack Harris indicated this code had not been revised since 2001 and based on the findings of the City Auditor; the department was bringing this item to the Subcommittee for consideration. He added staff has provided three options that included (1) keeping the existing ordinance and fees; (2) full cost recovery; or (3) recover most of the cost by adjusting fees accordingly. Chief Harris stated the Police Department was in support of option three.
Chairman Mattox asked why staff was not recommending full cost recovery. Ms. Patti Moore, Police Department Administrator replied the department felt charges for such things as helicopter service should not be assessed to everyone. She added staff would be working with the Fire Department to adjust costs for alarm services such as changing the billing from two free false alarms to one; increasing alarm permit and renewal fees; increasing alarm inspection fees; and increasing the cost for repeat offenders.
Ms. Moore indicated staff was working closely with the Arizona Alarm Association to ensure fees were in alignment and stated nationally Phoenix had one of the lowest false alarm rates per year.
Ms. Susan Benton from the Arizona Alarm Association stated her support for alternative three.
Councilwoman Williams motioned approval to revise the Phoenix City Code on Alarm Systems. Councilman Nowakowski seconded the motion, which passed 3:0.
10. Parking Ordinance
Acting Water Services Director Cynthia Seelhammer stated parking fines had not been reviewed since the early 1990s. Public Safety Manager Jack Harris introduced Lieutenant J. Lazell who provided a PowerPoint presentation.
Lt. Lazell indicated there had not been any parking fine increases since 1992. He added in 1999 the State of Arizona had imposed a civil and criminal surcharge which included parking. Lt. Lazell stated nothing prevented the State from increasing surcharges and reducing City revenues. Lt. Lazell pointed out to the subcommittee members that Phoenix was one of the largest cities across the country and the Valley with the lowest fines. Lt. Lazell suggested increasing the early payment discount from $15 to $20 to stimulate quicker payments and alleviate further processing costs. He then explained how the State surcharge impacted City revenues and proposed decoupling fines and surcharges. Lt. Lazell offered the Subcommittee members the option to increase the early payment discount to $20 shared between the City and State. He stated this option was in line with other cities.
Chairman Mattox stated he had received a phone call from a member of the Mayor’s Disability Commission expressing concern for newly handicapped persons that would be fined for not having proper tags/licensing. He asked that the Task Force attend a meeting with Chad Blake and address his concerns regarding the substantial increase. In addition, Chairman Mattox indicated he would be in support of the disabled parking fine increase as long as the Mayor’s Disability Commission was okay.
Ms. Seelhammer asked Chairman Mattox if staff could proceed with all the other fines. Chairman Mattox replied yes.
Councilman Nowakowski asked about decoupling fines and surcharges. Ms. Seelhammer replied more than a 100 per cent surcharge existed in the state.[e2]
Chairman Mattox asked if altered placards were criminally charged. Lt. Lazell stated they could be charged.
Councilwoman Williams motioned approval for parking ordinance fee increases with the exception of the disabled parking fine. Chairman Mattox asked that the disability parking fine be brought back to subcommittee. Councilman Nowakowski seconded the motion, which passed 3:0.
11. Crime Suppression Efforts in the Squaw Peak Precinct
This item was moved to the agenda for November 23rd’s subcommittee meeting.[e3]
12. Adjournment
Chairman Mattox adjourned the meeting at 10:18 a.m.
Respectfully submitted,
Edith Baltierrez
Management Intern
Public Safety and Veterans Subcommittee, November 23, 2009, Item 3
CITY COUNCIL REPORT
TO:
Ed Zuercher
Assistant City Manager
FROM:
Jack F. Harris
Public Safety Manager
SUBJECT:
VICTIM RIGHTS PROGRAM 2009 - 2010
THE ISSUE
The Police Department requests Public Safety and Veterans Subcommittee approval to apply for grant funds in the amount of $17,600 from the Arizona Attorney General’s Office for a victim’s services position to monitor and ensure compliance of our mandated responsibilities.
OTHER INFORMATION
In 1991 and 1995, the Arizona State Legislature established the current statutes that defined and implemented specified rights for crime victims under Article II, Section 2.1 of the Arizona Constitution. Initially only certain victims were eligible for victims’ rights/assistance. A 1997 case (State v. Klein) ruling increased types of crimes that would give a person victim status. While this action was supported by law enforcement and other criminal justice agencies as a progressive step in assuring better treatment for victims of crime, it brought with it increased responsibilities for these same agencies. Under the statute, specific entities are charged with performing designated duties. These duties are mandated and non-discretionary. To assist with the cost of these mandates, ARS § 41.191 established a Victims’ Rights Program in the Attorney General’s Office. One function of this program is to evaluate the need and disperse monies to support the financial impact of these mandates.
Currently, the Phoenix Police Department’s responsibilities under this statute include a number of duties such as providing rights information to the victim, allowing each victim the opportunity to request or waive their rights, notification of arrest and initial appearance of the offender, informing other branches of the criminal justice system whether or not the victim waived or requested rights, providing assistance in returning victim property, and assisting in the assurance of a speedy trial. Included in these duties are notification responsibilities, providing procedural and resource information, monitoring the Department’s compliance with these laws and reporting progress and compliance.
The mandates set forth in ARS § 13-4405, 13-4405.01, and 13-4406 are covered in general, by patrol officers or detectives providing the victim with a victims rights brochure and filling out the Maricopa County Sheriff’s Office Victim Notification sheet when a suspect is booked into jail. In situations of delayed arrest of the offender, the administrative staff of the Family Investigations Bureau currently mail out a notification letter to the victim. However, there is currently no system of monitoring this compliance. This monitoring and reporting would be completed by the Victim Rights Monitor position, when staffed.
In May 2008, at our request, the Attorney General’s Office reviewed our victim rights notification process and determined that we were in partial compliance and provided several recommendations. These recommendations included an update to our Operations Orders and establishing guidelines for the Victim Rights monitor to survey victims, report compliance and satisfaction levels, and ensure victims are receiving the notification as mandated by law.
The funds received from the Attorney General’s Office Victim Rights funding program provide for one part-time Victim Services position to monitor and assure complete compliance of our mandated responsibilities. With current staffing levels, we are not able to meet each of the mandated responsibilities: however, once this position is staffed, these responsibilities will be met. In addition, no general fund monies will be used for this position. Funding in continuous year to year and there is no need for the Department to reapply for funding as long as the reporting requirements of the program are met.
RECOMMENDATION
The Phoenix Police Department request Public Safety and Veterans Subcommittee approval to apply for funding through this program of $17,600 through the Arizona Attorney General’s Office.
Public Safety and Veterans Subcommittee, November 23, 2009, Item 4
PARKING ORDINANCE UPDATE
TO:
Ed Zuercher
Assistant City Manager
FROM:
Jack Harris
Public Safety Manager
SUBJECT:
PARKING ORDINANCE UPDATE
This report provides an historical overview of the City’s Parking Ordinance, comparative data from metropolitan areas across the country, and recommendations from a multi-department Parking Ordinance Task Force.
THE ISSUE
The last comprehensive review of the city’s Parking Ordinance occurred in 1992 when all fine amounts were increased by $15. Since then the State of Arizona has imposed a significant surcharge on all parking fines and the City Council has proactively addressed parking related issues at the airport, in neighborhoods and for disabled citizens.
During July of this year the City Manager’s Office formed a Task Force to study the ordinance with representatives from the Police, Law, Aviation and Finance Departments, as well as Municipal Court.
OTHER INFORMATION
The Task Force began by reviewing parking fines in other metropolitan areas like Atlanta, Boston, Chicago, Dallas, Denver, Los Angeles, New York and Seattle and quickly learned that fine amounts in Phoenix were for the most part lower than the average of the comparison group of cities. By example, fine amounts for Expired Red Meter, Parking in a Fire Lane, Blocking a Fire Hydrant and Airport Loading violations, were at least 50% lower than the fine amounts in the other cities. The exception to this was in the area of Disabled Parking, where Phoenix fine amounts were higher than the comparison group.
The Task Force also reviewed parking fines in local municipalities like Glendale, Mesa, Scottsdale and Tempe and learned that fine amounts in Phoenix were lower than average with the exception of Disabled Parking violations.
The Task Force also reviewed Early Payment Discount Programs offered by the comparison cities. With the exception of New York City, which offers an early payment discount of $9 for Red Meter violations, Phoenix is the only city in the study group that offers a universal $15 discount if payment is received within 21 days from the date of citation. A review of fiscal year 2008-2009 data reveals the City of Phoenix early payment discount option was extremely popular and stimulated prompt compliance and payment. More specifically, 76% of all parking fines were paid within 21 days at a discount cost to the city of $257,000. When considering the complex and costly process of locating and bringing non-complaint parking violators to justice, the potential loss in revenue of the Early Payment Discount Program appears well justified. If total fine amounts are adjusted to comparable levels, the discount incentive should also increase by $5 to maintain program effectiveness.
The next area of review centered on the inclusion of State Surcharges in parking fine amounts, instead of the standard practice of adding all surcharges to fine amounts. From an historical perspective, in 1993 the State Legislature imposed a 40% surcharge on all civil and criminal fines. By 1999 the surcharge had increased to 70% and the State of Arizona won a legal opinion that the surcharge also applied to parking fines. By 2007 the State Legislature had increased the surcharge to 84%.
The current practice is the City of Phoenix enforces parking violations, processes payments, addresses non-compliance, conducts court hearings and receives $17 from a typical $31 parking fine payment. The remaining $14 goes to the State of Arizona. In fiscal year, 2008-2009 the City of Phoenix paid the State of Arizona $740,000 in parking fine surcharges.
By adopting the standard practice used in civil and criminal cases of adding surcharges to fine amounts the City would improve parity with cities in the study group and eliminate further degradation of City revenue when the State increases mandated surcharges. Considering the recent increase to Disabled Parking fines pursuant to PCC 36-149, these fine amounts should be lowered from $250 to $150 and from $500 to $300 to maintain equity with financial sanctions in other local and metropolitan courts.
The last area addressed by the Task Force concerns updating the Parking Ordinance to correctly cite PCC 24-51 parking violations and to incorporate Light Rail System parking violations established in PCC 36-401.1, 2, 3.
The Task Force was comprised of the following individuals and should be acknowledged for their dedicated efforts on this project: Ms. Cynthia Seelhammer, City Manager’s Office; Ms. Sandra Hunter, Law Department; Sergeant Benjamin Moore, Police Department; Ms. Janice Jacobo, Aviation Department; Ms. Susan Perkins, Finance Department; Ms. Dianna Noli Hill & Mr. Doug Pilcher, Municipal Court.
The City of Phoenix should adopt the standard practice of adding state surcharges to parking fines. By doing so the City will not need to increase fines established in the Parking Ordinance, will reduce the financial impact of any future increases to the state surcharge, and will move closer to parity with cities in the study group.
It is estimated that adding the current 84% State Surcharge to existing parking fines, reducing disabled parking fines to market rates, and increasing the early payment discount to $20 will result in new General Fund revenue of approximately $600,000.
RECOMMENDATIONS
Amend PCC 36-156.02 to add mandated State Surcharges to existing fine amounts and increase the early payment discount incentive to $20, correct the reference to PCC 24-51, and include PCC 36-401 Light Rail parking violations, and amend PCC 36-149G by reducing disabled parking fines under subsections ABC to $150 and subsection D to $300, all effective February 1, 2010. The fine for a red meter ticket would increase from $31 to $57 with the decoupling of the City’s fines and the addition of the State’s surcharges.
DRAFT CODE REVISIONS
Sec. 36-156.02. Payment of sanctions upon receipt of notice of violation of certain offenses; procedure; effect of failure to make payment; court jurisdiction.
A. Any person who has become aware that a notice of violation has been issued with respect to an alleged violation of any provision of this Code or the Phoenix Fire Code under circumstances which would permit proceedings pursuant to Section 36-133 or Section 36-161, may, in lieu of court proceedings, pay the civil sanctions set forth below within the time period set forth in such notice.
TABLE INSET:
Phoenix City Code Section
Description
Sanctions
4-50
Aviation--Passenger loading and unloading
$31.00
4-51
Aviation--Parking restrictions, parking in unauthorized area including rental car areas
31.00
4-68
Aviation--Decal display
65.00
4-70
Aviation ground transportation--No permit
65.00
4-77
Airport commercial ground transportation parking restrictions
65.00
36-6424-51City park--Unauthorized parking or standing less than ten feet from authorized parking areas
65.00
36-6424-51City park--Unauthorized parking or standing ten feet or more from authorized parking areas
115.00
36-134(5)
Parking within fifteen feet of fire hydrant
40.00
36-134
Other prohibited parking
31.00
36-135
Business or residence districts
31.00
36-136
Impeding traffic
31.00
36-137
Alley parking
31.00
36-138
Parking for display of, or work on, a vehicle
31.00
36-139
Median parking
31.00
36-140
Tractor, semi-trailer, or bus in excess of three-fourths ton in a residential zone
150.00
36-142
Parallel parking eighteen-inch rule
31.00
36-143
Angle parking
31.00
36-144
Driveway--Private property parking
65.00
36-145
Unpaved lot
150.00
36-146
Time limit parking
31.00
36-147
Forty-eight-hour continuous parking
31.00
36-148
Restricted lot
65.00
*36-149
Disabled parking Subsections A, B, and C
250.00150.00
Subsection D
500.00300.0036-149.01
Blocking curb access ramps
140.00
36-150
No emergency brake
31.00
36-151
Green curb parking
31.00
36-152
Bus, taxi parking--Red curb
31.00
36-153
Loading zone parking
31.00
36-154
Red meter (overtime)
31.00
36-155
Overtime parking at meter
31.00
36-156
Vehicle position--Motorcycle limits
31.00
36-161
Inoperable or unregistered vehicle on residential property
65.00
28-16.4.3
Blocking fire lane
40.00
36-401.1
Violate posted parking regulations in light rail area
50.00
36-401.2
Pickup/drop off passenger/park in light rail area
50.00
36.401.3
Block walkway, fire lane, parking space, traffic lane light rail area
50.00
*Note--It should be that § 5 of Ord. No. G-4886, adopted Apr. 11, 2007, provides for an effective date of July 1, 2007 for the fee amended.
B. The civil sanctions set forth in subsection A above shall be paid to the City Treasurer in accordance with the administrative procedures promulgated by the City Manager. Notwithstanding subsection A above or any other provision of law to the contrary, any person who is required to pay a sanction hereunder and who pays the sanction or requests a hearing during the discounted sanction option period reflected in the notice of violation shall be required to pay a "discounted" sanction in an amount equal to the sanction described in subsection A above, plus mandated State Surcharges, minus
fifteentwenty dollars. For purposes of this section, a person will be deemed to have paid a sanction during the discounted sanction option period if the sanction paid by such person is received by the City Treasurer within the time period set forth in the notice of violation.All sanctions, as described above, are inclusive of all applicable State-mandated penalty assessments.C. In the event that the payment of the civil sanction set forth in subsection A above is not received by the City Treasurer within the time period reflected in the notice of violation, a civil traffic complaint and summons may be issued. The summons and complaint may be sent by regular mail to the address provided to the State Department of Transportation by the individual made responsible for the alleged violation. Service of the summons and complaint is complete upon mailing. If a summons and complaint are issued pursuant to this subsection C, the court shall impose a civil sanction in an amount which is not less than the applicable civil sanction set forth under subsection A above, plus mandated State Surcharges.
andThe court shall not suspend any part or all of the imposition or execution of any sanction required by that subsection.All court imposed sanctions, as described above, are inclusive of all applicable State-mandated penalty assessments.D. This section does not alter or amend the jurisdiction of the City Court under Section 36-156.01 or any other provision of the law.
(Ord. No. G-2208, § 1; Ord. No. G-2376, § 1; Ord. No. G-2741, § 3; Ord. No. G-2753, § 3; Ord. No. G-2839, § 2; Ord. No. G-2875, § 1; Ord. No. G-2888, § 1; Ord. No. G-3359, § 1; Ord. No. G-3543, § 1; Ord. No. G-3568, § 1; Ord. No. G-3863, § 1; Ord. No. G-4116, § 3, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4183, § 1, passed 5-19-1999, eff. 5-19-1999; Ord. No. G-4232, § 3, passed 12-15-1999, eff. 1-14-2000; Ord. No. G-4360, § 12, passed 6-27-2001, eff. 7-27-2001; Ord. No. G-4580, § 9, passed 2-18-2004, eff. 3-19-2004; Ord. No. G-4886, §§ 2, 4, adopted 4-11-2007, eff. 7-1-2007)
Cross references: Airport traffic and parking regulations, § 4-49 et seq.
State law references: Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28), 28-626.
Sec. 36-149. Restricted parking areas for the physically disabled; identification; sanctions.
A. No person shall stop, stand, or park a vehicle, or permit a vehicle to be parked, in a restricted parking area unless the vehicle has displayed thereon the international symbol of access special plates that are currently registered to the vehicle or a valid placard issued pursuant to state law, and is transporting a person who has been issued a valid placard or international symbol of access special plates. The provisions of this Subsection shall not prohibit the driver of a vehicle without a placard or the international symbol of access special plates from temporarily stopping in a restricted parking area in accordance with other parking regulations while actually engaged in loading or unloading a physically disabled passenger.
B. No person shall stop, stand, or park a vehicle in such a manner as to block or deny access to an unoccupied restricted parking area, except that this provision shall not prohibit the driver of a vehicle from temporarily stopping in accordance with other parking regulations for the purpose of and while actually engaged in loading or unloading physically disabled passengers.
C. No person shall stop, stand, or park a vehicle, including a vehicle displaying international symbol of access special plates or a placard, in the access aisle of a restricted parking area.
D. It is unlawful for a person to stop, stand or park in a restricted parking area any vehicle that displays a placard that is altered, forged or counterfeited.
E. This section shall apply only to those restricted parking areas that are identified by a clearly visible permanent sign that is mounted on a stationary post or object. The sign shall bear the internationally accepted symbol of access and the caption "reserved parking" in any color scheme on a contrasting background.
F. In this Section:
"Access aisle" means a designated area within a restricted parking area that is marked by either spaced, crosshatched or diagonal stripes or a distinctive change in color or material, and that leads to an accessible route of travel.
"Placard" means a permanently disabled removable windshield placard or a temporarily disabled removable windshield placard as defined in Section 28-2409, Arizona Revised Statutes.
"Restricted parking area" means a parking space and, if available, an access aisle set aside and identified for use only by persons with physical disabilities.
*G. A violation of subsection A, B, or C of this section shall constitute a civil traffic violation and the violator shall be subject to a civil sanction of not less than
twoone hundred fifty dollars. A violation of Subsection D of this Section shall constitute a civil traffic violation and the violator shall be subject to a civil sanction of not less thanfivethree hundred dollars.*Note--It should be noted that § 5 of Ord. No. G-4886, adopted Apr. 11, 2007 provides for an effective date for this Subsection G. of July 1, 2007.
(Ord. No. G-1893, § 1; Ord. No. G-2373, § 1; Ord. No. G-2705, § 1; Ord. No. G-2753, § 3; Ord. No. G-2939, § 1; Ord. No. G-3278, § 1; Ord. No. G-3388, § 1; Ord. No. G-3543, § 1; Ord. No. G-3924, § 1, passed 5-15-1996, eff. 5-15-1996; Ord. No. G-4043, § 13, passed 10-1-1997, eff. 10-1-1997; Ord. No. G-4232, § 1, passed 12-15-1999, eff. 1-14-2000; Ord. No. G-4402, § 1, passed 12-19-2001, eff. 1-18-2002; Ord. No. G-4886, §§ 1, 3, adopted 4-11-2007, eff. 5-11-2007)
State law references: Penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28), 28-626; authorized parking in space reserved for disabled person, A.R.S. § 28-884.
Public Safety and Veterans Subcommittee, November 23, 2009, Item 5
The City of Phoenix Law Department requests the Public Safety Veterans Subcommittee recommend City Council approval for an RFP process to provide services for four years for the Prostitution Diversion Program (PDP).
THE ISSUE
Implementing this program requires funding for a contract of four years, contingent each fiscal year upon appropriation of funding. The dollar amount will be proposed by the agencies submitting proposals in response to the RFP and may be negotiated. The current provider, Catholic Charities, was paid $266,597 last fiscal year, 2008/2009, although $284,770 was budgeted. This fiscal year 2009/2010 the program budget is for $299,009.
OTHER INFORMATION
The Prostitution Diversion Program is a rehabilitative program targeting eligible offenders charged with prostitution offenses. Upon successfully completing the program, their cases are dismissed in lieu of incarceration. The following is the breakdown of the expenditures and jail cost savings of the program during the last 3 fiscal years of the contract, July 2006 - June 2009.
Jail Cost Savings
$824,329
Expenditure
July 2006 – June 2009
7/06-6/07 $237,885
7/07-6/08 $256,750
7/08-6/09 $266,597
$761,232
Net Saving
$63,097
This savings does not include the costs that would have been incurred by the Prosecutor’s Office, Court, and the Police Department to prosecute these cases; nor the savings from the defendants not being charged on future offenses and becoming productive citizens.
The program’s objective is to end prostitution by providing rehabilitation services to defendants focusing on support, education, and treatment. Three recidivism studies have been completed since the inception of the program and demonstrate favorable results each year. The most recent study reveals that the current program has an 89% success rate. This program results in ending a lifestyle of prostitution, benefiting both the offender and the community.
ALTERNATIVES
Not funding this program will increase jail costs to approximately $275,000 annually and deny the people trapped in prostitution the opportunity to escape this vicious cycle of crime and victimization.
RECOMMENDATION
It is recommended the City Council authorize the Law Department to complete an RFP process for the Prostitution Diversion Program.
Public Safety and Veterans Subcommittee, November 23, 2009, Item 6
CITY COUNCIL REPORT
TO:
David Krietor
Deputy City Manager
FROM:
Robert A. Khan
Fire Chief
SUBJECT:
REQUEST TO APPLY FOR 2009 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) PROGRAM GRANT
The purpose of this report is to request the Public Safety and Veterans Subcommittee recommend City Council authorization to apply to the Department of Homeland Security (DHS) for 2009 Staffing for Adequate Fire and Emergency Response (SAFER) grant funds. SAFER grants provide financial assistance to help fire departments meet minimum staffing requirements for responses to emergencies. The application period is November 16, 2009 to December 18, 2009.
THE ISSUE
The SAFER grant program was originally intended to fund new positions for departments that were not compliant with the National Fire Protection Association’s (NFPA) 1710 standard that identifies minimum staffing levels for fire crews. This year’s grant standards have been modified to address priorities derived from President Obama’s 2009 American Recovery and Reinvestment Act (ARRA). Grant guidelines permit funding for firefighter positions that have been eliminated and subsequently unfilled due to economic conditions.
The performance period for this type of request is two years. Unlike previous SAFER grants, there are no funding limits for each position. The grant will now pay all salary and benefit costs (overtime that is part of the base salary is also included). Additionally, no funding match is required.
With the subcommittee’s approval, the Fire Department will submit an application for 21 firefighter positions. Some provisions of the grant will need to be further evaluated to measure the impact on the budget and operations.
RECOMMENDATION
The Fire Department requests Public Safety and Veterans Subcommittee approval to apply for a SAFER grant to fund 21 firefighter positions. Pending the Subcommittee’s approval to proceed, the Fire Department will work with the Budget and Research Department to identify all future costs and determine if submitting an application is in the best interest of the City.
Public Safety and Veterans Subcommittee, November 23, 2009, Item 7
CITY COUNCIL REPORT
TO:
Ed Zuercher
Assistant City Manager
FROM:
Jack F. Harris
Public Safety Manager
SUBJECT:
MONTHLY CRIME STATISTICS UPDATE
THE ISSUE
This report provides information to the Public Safety and Veterans Subcommittee regarding the current crime trends in the City of Phoenix.
OTHER INFORMATION
On a monthly basis, the Police Department will provide an update on current crime statistics and trends to inform members of the Public Safety and Veterans Subcommittee of changing or emerging crime issues within the City of Phoenix. Staff will provide an overview of both short and long term trends related to the major violent and property crime categories under federal Uniform Crime Reporting (UCR) definitions. Violent crimes include homicide, forcible rape, aggravated assault, and robbery. Property crimes include burglary, larceny-theft, motor vehicle theft, and arson.
Updates will be provided monthly to include the most recent available data. Graphical representations of current trends are included in Attachment A.
RECOMMENDATION
This report is for information only.
Public Safety and Veterans Subcommittee, November 23, 2009, Item 8
CITY COUNCIL REPORT
TO:
Ed Zuercher
Assistant City Manager
FROM:
Jack F. Harris
Public Safety Manager
SUBJECT:
New computer Aided dispatch software
The purpose of this report is to inform Public Safety and Veteran’s Subcommittee of the purchase of a new Computer Aided Dispatch (CAD) software for dispatchers and mobile data computers in police vehicles which will be utilized to enhance service delivery to Phoenix residents.
THE ISSUE
The growth of the city has increased to a rate where the transaction volume is limiting of the current software capacity. The current CAD system is fifteen years old and the hardware can not support the new system. Additionally, the CAD software is not capable of operating on other large scale hardware and must be replaced. This critical infrastructure allows dispatchers and patrol units to respond to citizen’s calls for service and emergencies.
OTHER INFORMATION
The Phoenix Police Department has contracted with Versaterm for the delivery of a new CAD software program. Versaterm has been developing CAD systems since 1977. Several public safety agencies have contracted with Versaterm. Locally, the City of Tempe and Chandler have signed contracts with Versaterm for their services providing the potential for better communication and coordination among law enforcement agencies during major events.
Major features of the new software system:
· GIS mapping capability.
· Global positioning system (GPS) tracking device known as the automatic vehicle locator (AVL).
· Provides dispatch recommendation of calls based on unit location.
· Provides data to enhance the management of patrol’s resources.
Disaster Preparedness
The police department has purchased IBM servers capable of handling the city’s projected growth over the next ten years. The new system consists of three production systems providing triple redundancy capabilities. This assures the city’s ability to maintain all CAD related functions during a catastrophic incident.
Police personnel will begin training with the new system in January 2010 with full implementation of the new CAD system in March 2010.
Benefits To Phoenix Residents
The new software and hardware will enhance service delivery to Phoenix residents. Equipped with an automatic vehicle locator, the system provides real-time tracking offering several benefits.
· Potentially faster response times on calls for service.
· Officers can use the in-car map to see their own location, the call location, and the location of other units.
· Dynamically displays all calls, their status, and priority to increase efficiency.
· Allows dispatchers to send the closest unit to an emergency call.
· Supervisors can use AVL data to analyze patrol patterns geographically in relation to call-for-service density dramatically improve patrol planning and enhancing efficiency and effectiveness.
· Reduces fuel cost due to more efficient deployment of units.
· Results in vehicle/drive responsibility.
Financial Impact
2006 Capital Improvement Project funds covered the initial project cost of $7.2 million for software, hardware and consulting cost.
Federal Appropriation funds will be used to complete enhancements cost of approximately $250.000.00.
RECOMMENDATION
No action is required by the Public Safety and Veteran’s Subcommittee. This report is for information only.
Public Safety and Veterans Subcommittee, November 23, 2009, Item 9
CITY COUNCIL REPORT
TO:
David Krietor
Deputy City Manager
FROM:
Bob Khan
Fire Chief
SUBJECT:
STATUS REPORT ON THE FIRE DEPARTMENT’S FIRE INVESTIGATIONS SECTION
The purpose of this report is to provide the Public Safety and Veterans Subcommittee with an update on the Fire Department’s Fire Investigations Section. Fire Investigators conducted three successful ‘high-profile’ investigations to date. These are the Southwest Supermarket Fire at 3500 W. McDowell with the arrest of one suspect, Young Champions Headquarters at 5414 S. 40th Street with the arrest of three suspects, and the $3.5 million dollar residential fire at 71 Biltmore Estates with the arrest of the owner.
THE ISSUE
The Fire Investigations Section is in their second year of partnering with the Phoenix Police Department in areas of advanced training. The section has surpassed expectations and is currently leading the nation in clearance rates. Ten Phoenix Fire Captains attended the Phoenix Police Academy and graduated as sworn peace officers. Also in attendance were firefighters from Gilbert Fire Department and Daisy Mountain Fire Department.
Training
The Fire Investigators have continued to receive monthly training which includes both investigative practices and fire scene analysis. Additionally, they train quarterly with the Phoenix Police tactical units to enhance their arrest tactics and safety skills. All investigators are required to qualify quarterly with their firearm and also meet state-required qualification standards yearly.
Partnerships
The Fire Investigations Section has developed closer relationships with other agencies that have significantly helped with their case clearance rates. These include:
· Phoenix Police Patrol
· PD Lab
· Crime Scene Response
· Forensics Lab
· MOB Unit
· County Attorney
· Medical Examiner
· Dr. Steven Pitt and Associates
· EPPS Financial Consulting
Statistics YTD 2009
So far this year, Fire Investigations has investigated 639 fires and determined 155 were arson caused. There have been two adult fire fatalities since January 1st, one of them the suspect of the arson at 5414 S. 40th Street. The current clearance rate is 56%.
RECOMMENDATION
This report is for information only and discussion. No action is being requested.
Public Safety and Veterans Subcommittee, November 23, 2009, Item 10
CITY COUNCIL REPORT
TO:
David Cavazos
City Manager
FROM:
Karen Peters
Government Relations Director
SUBJECT:
UPDATE ON PUBLIC SAFETY RELATED STATE LEGISLATION
This report provides an update on public safety related state legislation from the First Regular Session of the 49th Arizona State Legislature.
BACKGROUND
From the start, the session was dominated by budget issues. Senate President Robert Burns (R-Glendale), in hopes of focusing members on the tough budget decisions, postponed action on non-budget legislation until a budget had been passed. That approach resulted in an unprecedented frenzy of non-budget bill activity during the last three weeks of June. House Speaker Kirk Adams (R-Mesa) allowed work on non-budget legislation throughout the session, but the Senate’s inaction on those issues nonetheless left most of the work for the end.
In all, 1,130 bills were introduced, of which 213 were passed by the House and Senate. The Governor vetoed 22 of those bills and allowed one to become law without her signature. The general effective date was September 30, 2009 unless enacted with an emergency clause or a special effective date.
The following summarizes the final outcome of public safety bills of interest to the City.
PUBLIC SAFETY LEGISLATION OF INTEREST
New Laws
SB 1048: Emergency Telecommunication Services; Administrative Costs (Sen. Linda Gray, R – Glendale) increases the percentage of Emergency Telecommunications Services Trust Fund revenues that can be used for administrative costs from 3% to 5%. These dollars are needed to maintain operations of the statewide 911 emergency system. This bill was signed by the Governor on July 10, 2009.
SB 1169: Vehicle Impoundment; Administrative Towing Fund (Sen. Russell Pearce, R – Mesa) prohibits local governments from collecting administrative fees from towing companies that remove and impound vehicles. This bill will impact Police operations. The bill was signed by the Governor on July 13, 2009.
HB 2465: Scrap Metal; Theft; Dealers (Rep. Jerry Weiers, R – Glendale) adds to the list of prohibited items (manhole covers, catalytic converters, water meters, etc.) that dealers cannot purchase unless authorized, and increases the penalties for those found guilty of scrap metal theft. 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 was signed by the Governor on July 13, 2009.
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 was signed by the Governor on July 13, 2009.
Bills Not Enacted
SB 1175: Illegal Aliens; Enforcement; Trespassing (Sen. Russell Pearce, R – Mesa) prohibited cities from adopting ordinances or measures that limit the enforcement of federal immigration laws and created a new trespassing crime. In addition, the bill mandated that government personnel confirm the immigration status of any person they reasonably suspect is unlawfully present in this country, and upon confirming that suspicion, either prosecute that person for a violation of state law or transfer that person to the custody of federal authorities. The bill also created a cause of action for anyone who believed that a city’s policy does not comply with the law. SB 1175 ultimately was used as a “strike-everything” vehicle in the House on an abortion matter.
SB 1338: Law Enforcement Officers; Good Cause (Sen. Russell Pearce, R – Mesa) changed the standards and policies used to discipline law enforcement officers. This measure would have preempted the City’s existing, voter-approved disciplinary procedures for these personnel. This bill never received a hearing in the Senate Public Safety and Human Services Committee. The language was later added to SB 1161 via a “strike-everything” amendment in the House. That measure failed to advance.
SB 1398: License Plates; Obscuring Information; Prohibition (Sen. Ken Cheuvront, D – Phoenix) prohibited applying a cover or substances to a license plate that obscured from any angle the number, characters, year validating tabs, or name of the jurisdiction issuing the plate. This bill passed the Senate Natural Resources, Infrastructure, and Public Debt Committee by a vote of 6 – 1 but never received a hearing in the Senate Rules Committee.
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 be used for enforcement of the regulations required by the bill. Staff was concerned with the fire safety and preemption aspects of the bill. HB 2258 was vetoed by the Governor on July 13, 2009.
HB 2280: Illegal Aliens; Trespassing; Enforcement (Rep. John Kavanagh, R – Fountain Hills) prohibited cities from adopting ordinances or measures that limit the enforcement of federal immigration laws and created a new trespassing crime. The bill also mandated that government personnel confirm the immigration status of any person they reasonably suspect is unlawfully present in this country, and upon confirming that suspicion, either prosecute that person for a violation of state law or transfer that person to the custody of federal authorities. Staff was concerned that under this provision, personnel could devote all their time to enforcing immigration laws regardless of directives from their supervisors. The bill also established a cause of action for anyone who believed that the city’s policies did not comply with the law. HB 2280 failed to gain the necessary 31 votes in the House on the last day of session.
HB 2331: Federal Immigration Law; Enforcement (Rep. Tom Boone, R – Peoria) prohibited cities and counties from enacting ordinances or adopting policies that are intended to prohibit the lawful enforcement of federal immigration laws. The bill passed the House by a vote of 38 – 21 but never received a hearing in the Senate.
RECOMMENDATION
This report is for information and discussion only.
Public Safety and Veterans Subcommittee, November 23, 2009, Item 11
CITY COUNCIL REPORT
TO:
David Krietor Deputy City Manager
FROM:
Bob Khan Fire Chief
SUBJECT:
UPDATE ON FIRE INSPECTIONS OF OUTSIDE STORAGE BUSINESSES
This report provides an update to the Public Safety and Veteran’s Subcommittee on the progress of inspecting high priority businesses that store large quantities of wood pallets or mulch materials outside.
THE ISSUE
In 2008 and early 2009, the Fire Department responded to a number of fires involving businesses that stored and utilized large quantities of combustible materials in an outside setting. The incidents required significant time and numerous Fire Department resources to control. Neighborhoods were impacted by large volumes of noxious smoke which forced many residents to vacate their homes until the fires were brought under control. Road closures and traffic congestion also proved to be a major inconvenience to residents and businesses.
OTHER INFORMATION
Since the early part of this summer, the Fire Department has completed the inspection of 29 businesses that store large quantities of wood pallets. Approximately 30% of them are fully compliant with the fire code. The remaining businesses are in the process of correcting deficiencies and are expected to also be fully compliant in the next few months.
The department has completed its goal of addressing all high risk targets and will now begin focusing on moderate and lower priority businesses. As part of an inspection schedule, the department will continue to inspect high risk businesses on an annual basis. This approach should minimize the risk for fires occurring within these types of occupancies.
We will continue to keep you apprised of our efforts and progress on this project.
RECOMMENDATION
This report is for information only.
Public Safety and Veterans Subcommittee, November 23, 2009, Item 12
CITY COUNCIL REPORT
TO:
Ed Zuercher
Assistant City Manager
FROM:
Jack F. Harris
Public Safety Manager
SUBJECT:
CRIME SUPPRESSION EFFORTS IN THE SQUAW PEAK PRECINCT
THE ISSUE
This report provides information to the City Council Public Safety and Veterans Subcommittee on crime trends and crime suppression efforts in the Squaw Peak Precinct.
OTHER INFORMATION
In Fiscal Year 2008 / 2009 there was a significant reduction in reported violent and property crime in Squaw Peak Precinct. All violent crimes declined in the precinct by an overall of 9.1%, led by a 12.6% reduction in robberies. Property crimes declined overall by 12.4%, although there was an increase in residential burglaries of 3.8%.
These crime reductions are attributable to a number of factors including many crime suppression programs undertaken during the year, which focused on specific geographical hotspots or an identified crime trend. The Street Crime Reduction Program (SCRP) is an excellent example of such programs. The SCRP focuses on crimes that are generally committed by chronic street offenders who have been arrested multiple times. These street criminals are attracted to certain areas by abandoned or rundown buildings, easy access to drugs or alcohol, or other enabling conditions. Although they are primarily arrested for misdemeanor offenses like trespassing, liquor crimes, theft, etc., many have proven to have violent criminal histories and have been arrested dozens of times.
When such a subject is arrested, officers work in partnership with the City Prosecutor’s Office to request maximum jail terms through a process known as enhanced prosecution. The increased incarceration achieved through this procedure has proven to be a valuable tool in reducing recidivism and subsequently crime in the area. The SCRP program has been used with great success in the areas of 32nd Street and Indian School Road; Central and Indian School Road; and 19th Avenue and Glendale. At least four chronic offenders have received jail sentences of over three months with travel restrictions imposed upon their release from custody.
Reducing the number of residential burglaries continues to be a priority in the precinct. Two detectives are assigned to identify trends and do follow-up when necessary. Enforcement efforts in all three squad areas have occurred by both patrol and the three Neighborhood Enforcement Teams. Six suspects were arrested during the last year in the process of committing a residential burglary in the precinct. In addition to the enforcement efforts, the precinct’s Community Action Officers work closely with neighborhood groups to keep them informed of crime trends and to provide tips on how to reduce the likelihood of becoming a victim.
In January, precinct officers began a 90-day effort to reduce violent crimes in the area of 15th Avenue and Camelback. This area showed an increase in street level robberies, liquor violations and the large apartment complexes just south of Camelback had a disproportionate number of calls for service. The enforcement effort resulted in 69 felony arrests, 75 misdemeanor arrests, over 400 citations issued, and 40 vehicles towed during this time. The long-term effect has been an almost 50% reduction in violent crimes and a drastic reduction in calls for service at these apartment complexes.
Over the summer a significant number of street and business robberies began occurring along 19th Avenue between Maryland and Dunlap. Patrol officers who work the area immediately put together a plan to increase enforcement in the area near large apartment complexes that occupy much of the area just west of 19th Avenue. The results of their efforts thus far are 31 arrests, 65 interrogations, 131 citations and 4 guns seized.
The Precinct Neighborhood Enforcement Teams have begun working with the Gang Unit, Traffic Bureau, and the Drug Enforcement Bureau to conduct more in depth investigations and enforcement in the 19th Avenue corridor. This effort is underway and will be in place for a minimum of 45 days. In addition to the crime reduction efforts officers are seeking apartment complex management/ownership cooperation through Crime Prevention Through Environmental Design (CPTED) and the Crime Free Multi-Housing (CFMH) programs.
RECOMMENDATION
This report is for information and discussion only.
ATTACHMENT A
MONTHLY CRIME STATISTICS