The City of Phoenix has received $15 to $20 million in CDBG funding from HUD each year on an entitlement basis for neighborhood revitalization, housing, economic development and social service projects. This funding has been critical to City efforts to revitalize its neighborhoods. Non-profit agencies have also used these critical resources to repair and construct facilities and to provide services.

Each spring the City in union with communities throughout the nation celebrates the value and accomplishments of the CDBG program during National CDBG Week. The observance this year took place April 13-17. Last year, Phoenix highlighted exemplary programs and recognized outstanding community partners at an awards ceremony at a City Council Policy Session.

During the past six years, CDBG has survived intense efforts to eliminate or drastically reduce funding for the program. Moderate reductions did occur, resulting in a loss to the City of almost $4 million. Under the recently passed 2009 economic stimulus bill, the City will receive an additional $4.57 million allocation of CDBG funds. This funding has all the same regulatory CDBG requirements and has some significant limitations regarding public service related activities.

Recently, the City was also notified that its 2009-2010 CDBG allocation will be approximately $17 million - an estimated one percent increase over the original 2008-2009 allocation. The City will continue its lobbying efforts to receive its fair share in the upcoming federal budget and also be actively involved in any ongoing discussions regarding formula funding changes/reform.

The City observed CDBG week by again highlighting CDBG accomplishments and recognizing outstanding programs for the past year. Eight awards will be presented at the April 21 Policy Session to honor community partners and showcase their accomplishments to a broad audience through Channel 11.

A CDBG Congressional Briefing Booklet summarizing CDBG Accomplishments, programs and 2009 award winners will also be forwarded to the local and national offices of the Arizona congressional delegation.

OTHER INFORMATION

This year’s awards recognize agencies and individuals that have used CDBG funds in an exemplary manner, and who have made significant contributions to community development in Phoenix. Awards include:

Lupe Sisneros Memorial Award: Lou Kislin, long time HUD program representative to Phoenix, for being a key player in many of the City’s housing, commercial and community redevelopment projects and for his monitoring and invaluable guidance over the years.

Community Partnership Award: Bloom Builders, for its steadfast partnership with Booker T. Washington Child Development Center and the City in constructing new classrooms for Head Start children and their families.

Disability Advocacy Award: Valley of the Sun School and Habilitation Center, for programs and services that improve the quality of life of over 400 persons with disabilities per day.

Neighborhood Revitalization Award: John C. Lincoln Health Network and Desert Mission Neighborhood Renewal, for developing new housing for the Palomino Neighborhood Safe Path To School project.

Community Service Hero Award: Arizona’s Children’s Association, for providing effective prevention and intervention programs and bringing hope to low and moderate income families at the Golden Gate Community Center.

Community Service Hero Award: Arizona Bridge to Independent Living, for over 30 years of exceptional programs and services that advocate and empower people with disabilities.

Homeless Service Provider of the Year Award: Tumbleweed Youth Resources, for providing comprehensive services that provide a continuum of care to abandoned, neglected youth and their families in crisis.

Housing Partner of the Year Award: Chicanos Por La Causa, for the successful development of the Corazon Substance Abuse Rehabilitation Center where individuals in the recovery process are supported and rehabilitated in a safe environment.

Recommendation

This report is for information only; no action is required.

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Frank Fairbanks City Manager	AGENDA DATE:		April 21, 2009
FROM:	Karen Peters Government Relations Director	ITEM:	4
SUBJECT:	STATE LEGISLATIVE UPDATE

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

April 21 is the 100th day of the First Regular Session of the 49th Legislature. 1191 bills have been introduced to date.

STATE BUDGET UPDATE

At a recent community summit convened by the Greater Phoenix Economic Council, Governor Jan Brewer, House Speaker Kirk Adams (R - Mesa) and Senate President Bob Burns (R - Peoria), along with budget experts from the Governor’s Office, discussed ways of tackling the state’s $3 billion deficit. Approaches varied. While the Governor’s Office continues to stress her 5-point plan including a temporary tax increase, legislative leaders are still cool to her proposal, favoring instead privatization and strategic borrowing (rollovers, securitization of revenue streams).

STATE LEGISLATION OF INTEREST

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

PUBLIC SAFETY

Bills to Support

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

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

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

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

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

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

HB 2610: Civil Liability; Affirmative Defenses (Rep. Jim Weiers, R – Phoenix) provides additional defenses for law enforcement personnel against legal actions that may arise from use of police equipment during commission of a felony. This bill passed the House Military Affairs and Public Safety Committee by a vote of 5 – 2. HB 2610 awaits action in the House Committee of the Whole.

Bills to Oppose

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

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

Bills to Watch

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

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

NEIGHBORHOODS

Bills to Support

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

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

PLANNING & ZONING

Bills to Oppose

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

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

Bills to Watch

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

WATER & ENVIRONMENT

Bills to Support

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

HB 2142: County Water Authority; Colorado River (Rep. Nancy McLain, R – Bullhead City) provides additional flexibility for on-river water users to utilize their Colorado River entitlements. This bill passed the House Natural Resources and Rural Affairs Committee by a vote of 7 – 0. HB 2142 now awaits action in the House Committee of the Whole.

HB 2157: Wildlife; Aquatic Invasive Species (Rep. Nancy McLain, R – Bullhead City) permits the Arizona Game and Fish Director to create an aquatic invasive species program. The bill could aid the City’s water treatment facilities. This bill passed the House Natural Resources and Rural Affairs Committee by a vote of 7 – 0. HB 2157 now awaits action in the House Committee of the Whole.

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

HB 2336: Community Facilities Districts; Renewable Energy (Rep. Lucy Mason, R- Prescott) permits a county board of supervisors to establish renewable energy incentive districts. This bill passed the House Government Committee 9 – 0 and now awaits action in the House Committee of the Whole.

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

ELECTIONS

Bills to Support

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

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

MISCELLANEOUS

Bills to Support

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

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

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

HB 2144: Insurance; Actuarial Opinions; Financial Audits (Rep. Nancy McLain, R – Bullhead City) requires that by January 1, 2011, every insurer in the state with aggregate premiums of more than $1 million, or with more than 1,000 policyholders, must comply with the financial auditing requirements of the National Association of Insurance Commissioners. Since the City is a purchaser of property and casualty insurance, staff believes that the reporting and confidentiality requirements of the proposed legislation would be beneficial to the City. HB 2144 passed the House Banking and Insurance Committee amended by a vote of 6 – 0 and now awaits action in the House Committee of the Whole.

HB 2253: Publication of Notices; Websites (Rep. Russ Jones, R – Yuma) establishes a study committee to review the requirements of publishing public notices in local newspapers. HB 2253 passed the House Government Committee by a vote of 9 – 0 and now awaits action in the House Committee of the Whole.

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

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

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

HB 2431: Vicious Animal Assault; Classification (Rep. Steve Montenegro, R – Litchfield Park) establishes a class 3 felony on persons that intentionally or knowingly cause a dog to bite or inflict serious injury upon another person. This bill passed the House Judiciary Committee by a vote of 8 – 0 and now awaits action in the House Committee of the Whole.

HB 2458: Dogs; Cats; Release From Pound (Rep. Steve Court, R – Mesa) mandates that a dog or cat that was impounded for biting a person, or for being a stray, must be sterilized and microchipped before being adopted or released to its owner. Certain exceptions apply. This bill passed the House Government Committee by a vote of 8 – 0 and now awaits action in the House Committee of the Whole

Bills to Oppose

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

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

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

R – Litchfield Park) requires all levels of government to create and maintain a website database of all receipts and expenditures, beginning in January 1, 2011. This

legislation would increase City expenditures in order to create and maintain the database. This bill passed the House Government Committee by a vote of 6 – 3 and now awaits action in the House Committee of the Whole.

RECOMMENDATION

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

CITY COUNCIL REPORT
POLICY AGENDA
TO:	David Cavazos Deputy City Manager	AGENDA DATE:		April 21, 2009
FROM:	Debra Wilkins Stark Planning Director	ITEM:	5
SUBJECT:	PHOENIX 2010 GENERAL PLAN process UPDATE

This report provides information for the City Council regarding requirements set forth in the State Statutes regarding updates to municipal General Plans every 10 years.

THE ISSUE

The current Phoenix General Plan was adopted by City Council on December 5, 2001, and ratified by voters at a special election held on March 12, 2002. General plans are effective for up to ten years from the date of ratification, and a new plan must be adopted or the existing plan readopted on or before the tenth anniversary of the ratification. The tenth anniversary of the Phoenix General Plan is March 12, 2012.

THE SCOPE

At the most recent Continuous Learning Institute held in April 2008, a presentation was made on Sustainability that included an overview of the new Leadership in Energy and Environmental Design - Neighborhood Design Program (LEED ND). This is the first aspect of LEED that can be addressed during land use planning and includes three areas of focus: Smart Location and Linkage, Neighborhood Pattern and Design, and Green Construction and Technology. Attendees at the workshop, which were primarily Village Planning Committee members, were extremely enthusiastic about the concepts, especially mixed-use centers and more transit options.

Given this positive response to LEED ND and the Mayor’s Green Phoenix Initiative, staff is proposing to base the 2010 General Plan Update on the three focus areas of LEED ND with the theme for the Update of Green Phoenix. The elements of the General Plan that would be addressed in this Update include Land Use, Circulation, Bicycling, Housing, Growth Area, Open Space, Environmental Planning, Water Resources, Energy, and Public Services and Facilities.

The first action required for the Update is to prepare and present a public participation plan to the City Council for adoption. State Statutes require that this plan include procedures for broadly distributing the proposals associated with the General Plan Update, providing opportunity for written comments, conducting public hearings with effective notice, and consulting with public officials and agencies, such as Maricopa County, school districts, Maricopa Association of Governments, Arizona State Land Department, APS, SRP, and other civic, educational and professional organizations.

Next staff will conduct a geographic and systems analysis and draft initial guiding principles to help focus community visioning. Faculty from the ASU School of Geography has agreed to provide technical assistance during the analysis phase, and discussions are in progress regarding the potential involvement of a studio class that would develop alternative urban form concepts for the City’s consideration. Results from the analysis phase would be the central component of a web-based education piece which would help prepare the public for the visioning phase.

The visioning phase is critical to establishing needs and priorities, and also for refining the guiding principles. This phase will involve a web-based survey, a moderated web discussion and community workshops. Upon completion of the visioning phase of the Update, staff will draft a vision statement and refine the guiding principles, and present these to the Planning Commission and City Council for refinement and concurrence.

Staff will then develop urban form concepts based on the vision statement and guiding principles and present these to the public for input. Staff proposes to incorporate principles of LEED ND into the urban form concepts. These principles include: reducing automobile dependence, housing and jobs proximity, diversity of uses and housing types, walkable streets, heat island reduction, and solar orientation.

After the public has commented on the urban form concepts and consensus has been reached on a preferred alternative, staff will prepare a draft plan and prepare illustrative maps and figures. This draft Plan will be presented to the Village Planning Committees, Planning Commission and City Council for approval.

THE TIMELINE

In order to make the most effective use of the City’s limited resources, staff is proposing that the Phoenix 2010 General Plan ratification be scheduled for a general election rather than a special election. The latest general election which would enable compliance with State Statutes is September 6, 2011.

The election date drives the schedule for the Update. As a result, the General Plan must be completed by October 2010 in order to begin the mandatory 60-day review by specified agencies and the general public. The Planning Commission hearing for adoption would be held in February 2011 and the City Council hearing for adoption would need to be scheduled for March 2011. City Council would need to take action to refer the proposition to the ballot in April 2011 in order for this item to qualify for the September 6, 2011, election.

RECOMMENDATION

This report is for information purposes only.

Official Web Site of the City of Phoenix

Phoenix - All America City - 2009

CITY COUNCIL REPORT
POLICY AGENDA
TO:	Rick Naimark Deputy City Manager	AGENDA DATE:		April 21, 2009
FROM:	Jerome E. Miller Neighborhood Services Director	ITEM:	3
SUBJECT:	NATIONAL COMMUNITY DEVELOPMENT WEEK CELEBRATION