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HomeMy WebLinkAbout1996-06-04 City Council Regular MinutesCITY COUNCIL REGULAR MEETING June 4,1996 The regular meeting of the City Council of the City of Apache Junction, Arizona,was held on June 4,1996,at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Coleman called the meeting to order at 7:00 p.m. INVOCATION Councilmember Surra gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present:Mayor Coleman Vice Mayor Richmond Councilmember Barker Councilmember Durbala Councilmember Hendricks Councilmember Surra (one council vacancy) Staff Present:City Manager Curtis Shook City Clerk Kathleen Connelly City Attorney Glenn Gimbut Public Safety Director Robert Galloway City Engineer Gordon Grandy Public Works Director Doug Dobson Planning Manager Jim Nakagawa Others Present:Kate Morris,Associate Planner John Petroff,Housing Rehabilitation Technician ACCEPTANCE OF CONSENT AGENDA )Councilmember Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT ITEM NO.9 BE MOVED TO FOLLOW THE CITY MANAGER'S REPORT. Vice Mayor Richmond SECONDED THE REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 1 OF 18 MOTION. VOTE:Unanimous. The motion carried. AWARDS,PRESENTATIONS AND COMMUNICATIONS None. CALL TO THE PUBLIC Mrs.Maureen Gregan,attorney,of 239 N.Signal Butte Rd.,addressed the council regarding Judge Harris.She related a court appearance she had in front of Judge Harris on April 22,1996,in which Judge Harris was "blatantly unprofessional and committed blatant misconduct"in her opinion.The court was run against the standard rules of criminal procedure.Mrs.Gregan had advised the judge she was going to the State Bar on her unprofessional conduct.She recommended the council not renew Judge Harris'contract. Mr.Robert Meineke,of 8846 E.Golden Cholla,addressed the council regarding the incorporation of Gold Canyon.He is part of the Gold Canyon Incorporation Committee and spoke on their behalf.He related that on a survey taken in the spring,sent out to 1100 voters,25% of the surveys were returned with 67% of the respondees wanting incorporation and 33% wanting status quo.He stated timing was critical to get this issue before the Gold Canyon voters this year and approval is needed from the council for them to proceed.Only two dates are available to them per recent election law changes,and they are September 11 and November 5.July 3 is the deadline to file signatures to appear on the fall ballot.The Gold Canyon Incorporation Committee is ready to address the issues and answer any questions at any time to the council or their staff. Mrs.Jean Perkins,of 616 N.Cactus,addressed the council regarding the contract renewal of Judge Harris and asked the council to consider her contract favorably.She also commented she had no objection to Gold Canyon becoming a city in the future. Mr.Rick Gardner,of 685 W.Tepee,addressed the council regarding the recent clean up week.He wanted to thank the city for the clean up week and remarked on how good a job was done by those people participating in the event. Mr.John Pein,of 6326 E.20th Avenue,lives in what would be the county island between Gold Canyon and Apache Junction.He is concerned about having two governments with a zone of influence over his area,which involves approximately one thousand to fifteen hundred people.He also commented on the percentage of the people in Gold Canyon responding with a favorable survey towards incorporating,which was only 14% of the total. REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 2 OF 18 CITY MANAGER'S REPORT City Manager Curtis Shook addressed the council regarding a letter received from the American Greyhound Racing Incorporate by Daniel A.Luciano, President.The letter was directed to Chuck Baker,the superintendent of the Parks and Recreation Department,stating the directors of the Phoenix Greyhound Racing Foundation,on behalf of Apache Greyhound Park and at the request of its manager,Edward Brocker,had sent a $10,000 donation to the Parks and Recreation Department for "the fine services delivered"to the City of Apache Junction. City Manager Curtis Shook addressed the council regarding the Governor's Economic Strengths Grant,which is funded from lottery monies.At the initial meeting on May 14 this grant was approved and recommended by the Department of Commerce to the Arizona Department of Transportation,whose staff also recommended approval and is forwarding it to the Arizona Department of Transportation Priority Planning Committee which meets June 6 for the purpose of funding this grant,and the city could get $78,000 in funding for economic strengths grants. He also informed the council about the City of Apache Junction being a feature front page story about growth in the East Valley Business Times. DIRECTION TO STAFF GOLD CANYON INCORPORATION COMMITTEE LETTER DATED 5/15/96 )Mayor Coleman MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE GOLD CANYON INCORPORATION COMMITTEE:DIRECT THE CITY STAFF TO STUDY THE IMPACT SUCH AN INCORPORATION WOULD HAVE UPON THE CITY OF APACHE JUNCTION;TO INCLUDE THINGS SUCH AS BUT NOT LIMITED TO BOUNDARIES,FUTURE UTILITY SERVICE,CITY SERVICES,IMPACTS IT WOULD HAVE ON PARKS AND RECREATION PROGRAM AND THE LIBRARY;AND THE IMPACT IT WOULD HAVE ON THE AREA LEFT BETWEEN THE TWO INCORPORATED AREAS. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mr.Abe Dye asked if there was a time line involved on the council direction to staff. Mayor Doug Coleman stated it was not included as part of the motion,and they would have to get back with him on that. REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 3 OF 18 PUBLIC HEARINGS PROPOSED RESOLUTION NO.96-14,SD -96-02 (IDAHO AND SUPERSTITION COMMERCIAL/SLENTZ) PRELIMARY PLAT )Planning Division Manager Jim Nakagawa briefed the council on the item.He clarified an answer given earlier to Commissioner Rosalie Gifford regarding a sign height at Four Sons, and advised there are actually two signs;the one nearest 29th Avenue will be 12 feet high,the one nearest the south end of the convenience store will be 20 feet high.He advised the applicant was here to answer any questions. Mr.John Slentz addressed the council to answer any questions and requested approval of the preliminary plat. Councilmember Durbala asked Planning Division Manager Jim Nakagawa to change the area on the plat where it states Water Utilities City of Apache Junction to read Water Utilities Community Facilities District. Planning Division Manager Jim Nakagawa agreed to make the change. Mayor Coleman opened the item up to the public to discuss the issue;there being no public comment he closed the public hearing. Mayor Coleman opened the item up to questions or discussion from the council,and hearing none he called for a motion. Councilmember Durbala MOVED THAT PROPOSED RESOLUTION NO.96-14,A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,APPROVING PRELIMINARY SUBDIVISION PLAT SD -96-02,IDAHO AND SUPERSTITION COMMERCIAL,BY IDAHO FREEWAY ASSOCIATES, BE APPROVED. Councilmember Surra SECONDED THE MOTION. VOTE:Unanimous. The motion carried. FY 1996 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)APPLICATION )Housing and Grants Coordinator John Petroff briefed the council on this item. REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 4 OF 18 Councilmember Durbala questioned how the Main Street Program would be affected by the creation of the Downtown Redevelopment District. Housing and Grants Coordinator John Petroff advised the Main Street Program area would have to be declared blight. It would be in addition to what the Redevelopment District would be doing. Associate Planner Kate Morris addressed the council to advise the eligibility for CDBG block grant funds comes in three different forms:it must be a low to moderate income level area,which is basically what activities 1-6 are;it must be a blight/slum designation,which includes part of the redevelopment district process;and the third is an emergency or life threatening situation. Councilmember Durbala wanted to clarify that passage of Resolution 96-16 would have no effect on this proposal.Associate Planner Kate Morris stated without the passage that area would just come under the low to moderate income level criteria for funding. Councilmember Surra questioned how "We Go Where You Go"fits into the criteria for funding. Michelle Lamb briefed the council on "We Go Where You Go",stating a change in liability,which would not be assumed by the city,but assumed by "We Go Where You Go". Councilmember Surra questioned how this program qualifies for the grant since it does not state it will be used in a low to moderate income neighborhood. Housing and Grants Coordinator John Petroff stated this program does not have a 501(C),a non profit status,which therefore does not qualify the program for funding. Michelle Lamb stated the program would bring three jobs for each bus put on line,they would participate in neighborhood watch programs and delivery of meals on wheels. Councilmember Surra stated that was all academic since the program does not qualify at this time. Housing and Grants Coordinator John Petroff then stated that since this was public hearing number two,the public would have five days to make any comments to the city council on this issue. Councilmember Barker wanted to clarify they have three items to choose from for this grant money and none of the items could be broken apart to give funds to certain areas only. REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 5 OF 18 ,Housing and Grants Coordinator John Petroff agreed and requested attendance signatures from the council and the public on this item. hearing. Rosal,stated it looked like this was interested in what is going to happen anyone else who wanted to address the closed the public hearing. Mayor Coleman opened the public Mrs.Jennie K.Bennett,of 422 going to involve Phelps Drive and she is at Phelps Drive. Mayor Coleman asked if there was public on this item,and hearing none he Mayor Coleman opened the item up to questions or discussion from the council. Councilmember Barker wanted clarified that the council was to pick one of the four plans for the grant. Housing and Grants Coordinator John Petroff told them to pick one of the four plans. Mayor Coleman,Housing and Grants Coordinator John Petroff and Councilmember Barker discussed the first six items were for the city,and that the second application was for the second round of grants.Only one plan was to be chosen this evening for the first round. Councilmember Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE FY 1996 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)APPLICATION:THAT STAFF PURSUE A GRANT FOR ACTIVITIES 1-6 AND THAT THE CITIZEN PARTICIPATION PLAN BE APPROVED. Councilmember Hendricks SECONDED THE MOTION. VOTE:Unanimous. The motion carried. OLD BUSINESS RESOLUTION NO.96-16,CREATION OF A DOWNTOWN REDEVELOPMENT DISTRICT ) )City Manager Curtis Shook briefed the council on the item.He recommended passage of this resolution. Councilmember Barker MOVED THAT REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 6 OF 18 PROPOSED RESOLUTION NO.96-16,A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF APACHE JUNCTION,ARIZONA,FINDING THE EXISTENCE OF A BLIGHTED AREA IN THE CITY OF APACHE JUNCTION AND DECLARING A NECESSITY FOR REDEVELOPMENT OF SUCH AREA,BE APPROVED. Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. Mayor Coleman and the council determined no action need be taken at this time on appointing individuals to the Downtown Redevelopment District Advisory Planning Committee. NEW BUSINESS DISCUSSION AND ACTION ON PROCEDURE FOR FILLING COUNCIL VACANCY )Mayor Coleman asked for suggestions from the council on how to proceed on this. Councilmember Durbala suggested talent bank applications be filled out with each councilmember submitting two questions to City Clerk Kathy Connelly (assuring no duplications)for the applicants to answer,then go through a review process with the council in executive session and bring the applicants back to the floor for interview on the floor. Mayor Coleman asked if every applicant was to be interviewed. Councilmember Durbala suggested the number of applicants be narrowed in executive session to a minimum of five. City Attorney Glenn Gimbut advised the council they may discuss applications for employment in executive session, but they cannot make a decision in executive session.Any formal decision on certain people must be done in an open meeting. General discussion between Mayor Coleman,Councilmember Durbala,City Clerk Kathy Connelly determined it would have to be done in an open meeting,using the basic process of last time and adding the two questions from each councilmember. Councilmember Surra suggested a second way of filling the vacancy.As the election was approximately one year ago and the election was a close vote among the top four,due consideration should be given to the individual who placed fourth.This person should be REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 7 OF 18 clearly invited to be interviewed along with any other applicants for the position. The time line was discussed by Mayor Coleman,City Clerk Kathy Connelly,Councilmember Durbala and Councilmember Hendricks.It was noted there are eighteen applicants for the boards and commissions to be interviewed at the June 17 work session. Councilmember Durbala MOVED THAT APPLICANTS FILL OUT A TALENT BANK WITH THE CITY COUNCILMEMBERS GIVING CITY CLERK KATHY CONNELLY TWO QUESTIONS;SHE WILL COMPILE THEM AND ATTACH THEM TO THE TALENT BANK LIST;GIVE THEM APPROXIMATELY UNTIL JUNE 20 TO TURN THOSE BACK INTO THE CLERK'S OFFICE;WE WILL HAVE OUR REVIEW FROM FROM JUNE 20 TO JULY 1 WITH INTERVIEWS SET UP FOR JULY 1;AND MAKE OUR DECISION ON JULY 2. MOTION. VOTE:Unanimous. The motion carried. minute break. Vice Mayor Richmond SECONDED THE Mayor Coleman called for a ten Mayor Coleman reconvened the meeting. COUNCIL DIRECTION TO STAFF ON PROPOSED LEGISLATION OR ACTIONS DISCUSSION/DIRECTION ON CONTRACT FOR PRESIDING JUDGE AND/OR DIRECTION FOR PROVISION FOR MAGISTRATE FOLLOWING JUNE 30.1996 )Mayor Coleman made a statement regarding his opinion of Judge Harris'tenure,and how she failed to follow two directions given to her by him.He stated he would look to appointing someone else as presiding magistrate of the court. Vice Mayor Richmond made a statement regarding allegations for and against Judge Harris.She commented she had no opinion at this time. Councilmember Barker made a statement that her expectations on the court being cleared up were met,but her expectations on the communications between the court,the superior court and the supreme court being firmed up and the relations between the court and the city being easier to deal with were not met. Councilmember Hendricks made a REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 8 OF 18 statement on how the allegations against Judge Harris are a sham. Councilmember Hendricks then read a statement on the behalf of Judge Harris: "In the last two years,the staff and I have worked together to accomplish many of the directives council gave me upon taking this job. I would like to provide you with a summary of our first two years. Warrants:In 1994,many of the warrants in our files were outdated, inaccurate,and erroneously issued.We began a warrant project of looking at each case to determine the following:was the warrant valid,was the amount due listed in the computer and was that amount accurate,and were there multiple cases.We looked at each of our several thousand warrants to assess the status of the files. Because of the previous policy of not using the computer to the fullest,most all of the warrant cases were not listed in the computer correctly.We discovered closed cases with current warrants,paid in full cases with current warrants,and warrants that had expired with amounts still owing.In the process of looking at each case,we also discovered other issues:alcohol screening that was not completed,community service that was ordered and completed,but the warrant was still outstanding.This project is now completed and took about a year.Mary,Lisa and I worked on this project.Auditing the warrant files led us to audit the payment files.That audit also revealed problems. Payment files:in the past the payment amounts had been kept on 3x5 file cards.The balance was not entered into the computer system. Many of the cards were inaccurate.Restitution payments had been taken and not disbursed.As we discovered restitution,we disbursed as many payments as we could track.Many of the files in payments were in arrears by as much as two years.We sent out Orders to Show Cause to the last known address.(The clientele we deal with is frequently transient and moves without leaving a forwarding address.)We began to get the payments current.Additionally,we discovered files with community service uncompleted,alcohol screening unfinished,jail time unserved and cases paid,but not closed out.The payment files are now current.We are sending out OSC's seven days after the due date,which helps keep our files up to date.This project took about six months.Mary,Wava,Lisa and Shelly worked on this project. Staff training:currently,the court employs one Court Clerk II, two Court Clerk I,one part time clerk,the Chief Clerk,the JEO and one full time judge.Pro tems are hired for some weekends and other times when I'm not available.The staff is cross -trained.If one staff member is on vacation,another staff member can take over that desk.The staff receive regular in house and county/state wide training.We have regular staff meetings to discuss changes and updates.The staff have been trained on how to utilize the computer system to its fullest.Our computer reports are much more accurate REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 9 OF 18 and representative of our transactions. Over the last two years,the court has worked closely with the police department to train officers on proper court protocol.We have instituted policies that maintain the separation of the police department and the court.We instituted a monthly audit of all citations sent over from the police department so that we can track citations issued and received.We have had some problems with citations that are supposed to have been sent to the court,but were either sent to the justice court or were not issued.The police department was very open to accountability and managing the change. Change is often difficult for people to handle.We have been able to institute change that brings us into compliance with the statutes and rules of the court.In conjunction with the policies of separation of police and court,we have also instituted policies to insure the separation of the prosecutor's office and the court. The court had for many years sent out subpoenas,contacted victims, called witnesses for trial.In working with the prosecutor's office and the city attorney,the court now performs its job and the prosecutor now performs his. Judicial Enforcement Officer:Officer Michael Graham took over the position of JEO in August 1995.He has developed an active pursuit of outstanding warrants,and developed a filing system of tracking the most pressing warrants.He is very effective in bridging the gap between the police department and the court in keeping relations positive. Old Files:We began cleaning out old filing cabinets (cases that had been closed as far back as 1984,but not purged).We purged the records ready to be purged and emptied out about four file cabinets. The files not ready to be destroyed are organized by destruction date in storage.The cases not ready to purge were referred to the prosecutor for his action:either for dismissal or to refile.We have about four file drawers left of old cases that will be purged or referred to the prosecutor.We anticipate this project will be finished by early fall.Mary,Wava,Melanie,Lisa and I worked on this project. Computers:we are utilizing the computer system to its fullest capacity.We also purchased a new file server and networking software.Our goal is to purchase more computers so each staff member has a PC and a hard drive.Right now we only have two hard drives in the seven computers we have.The computers must be updated because our response time is so slow it can take up to one minute per transaction.To open a file on a case can take up to 20 transactions.The money for the computers came from a grant from our CJEF monies. Chief Clerk:the chief clerk was hired in August 1995.Shelly REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 10 OF 18 Underhill has done a marvelous job in assisting with organization and team building.We are very lucky to have her because she brings to our city years of experience in the court system and in depth knowledge of the justice system,statutes and rules of the court. Shelly has assisted in the budget process,revising forms and managing the staff issues.The work she has done in updating forms has given us a professional image. In Custody Procedures:prisoners who were held over for pretrial conference could be held up to 22 days at $50.00 per day.Because of the concern for the city's finances and for the individual's rights,I instituted a policy of weekly in custody pretrials.Now the maximum that someone would be held for pretrial would be seven days.By having weekly pretrials,cases are resolved more rapidly, and the cost for jail fees is reduced. Contracts:attorney fees were very expensive.Attorneys were charging the city the amount they were charging a cash client.I contacted other cities for their public defender contracts and sent out the REP for contract attorney services.Out of that REP,we now have four public defense attorneys and the cost to the city is less than it used to be for each defendant's legal service.The DUI's are increasing.This also means an increase in legal fees. Facilities:when I arrived to take over the job as presiding judge,the court was in a state of disrepair.There were files stacked everywhere, work was not getting done,the carpet was old and worn out,and the walls were in need of painting.I came in on the weekends with the city maintenance supervisor and staff,we painted the office and the clerk's area.We ordered carpet.The carpet was installed.We ordered new desks that were less bulky and more organized.We ordered the light grids for the fluorescent tube lights.Several times the recording system failed and we had to hire a court reporter to record the proceedings.We ordered a new recording system that is reliable.It is also being used by other departments in the city. Alternative Dispute Resolution:last September,we began meeting with various parties to discuss the possibility of forming an ADR center. There is a genuine interest in the program.Hopefully,in the fall we will be able to reconvene the committee and develop the program. Diversion:the diversion program became effective in the fall of 1995. It is designed to divert first time offenders into counseling to hopefully avoid further contact with the court system.The goal for the next year is to expand the diversion program into other areas for first time offenders. Attached you will find the mission statement and the court goals. Mission Statement:to search for truth to assure that i t is carried out REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 11 OF 18 in accordance with the dictates of the law and principles of reason and fairness;to give due regard to the goals of punishment,restitution, deterrence,rehabilitation and protection of the public;to safeguard the rights of the accused and the interest of the public;to provide to all persons equally the benefit of the rights,privileges and protections of the law. Fiscal Year 1996-1997 Service Level Objectives:it will be the service level objective of the Municipal Court of the City of Apache Junction to:provide accurate financial data to the supreme court,office of administrator of the courts,superior court,city council and the public,implementing procedures in response to statutes and Arizona Supreme Court rulings and to heed the climate of the community in the level of service offered and provided;provide proactive assistance to the public in coordination with other governmental agencies in conjunction with community needs;provide service to the citizenry of Apache Junction in a courteous,fair,just manner mindful of the law and the individual. Apache Junction Municipal Court Goals are:process cases in timely, accurate manner by adhering to Court Rules and Arizona Revised Statutes while utilizing computer system to maximum;provide customer service in professional courteous manner by addressing public pleasantly and rapidly in dealing with their issues while honoring them as individuals who are worthy of our respect;maintain positive public image of court in community,in county and in state by serving community,county and state,maintaining high standards of honesty,integrity and ethics, development of staff and judicial personnel professionally and personally;acquire new court facilities;develop procedures manual for staff reference;perform complete audit of warrant cases current and expired;develop monitoring system for warrants;perfect audit system with police department for citations filed;develop and maintain positive staff teamwork efforts;utilize new facilities for storage of old citations;purge closed files;and develop closed filing system." Councilmember Hendricks commented on the orderliness and neatness of the present court. Councilmember Surra made a statement agreeing with the neatness and orderliness of the present court,but added Judge Harris did not meet her expectations in other areas,and she had lost confidence in Judge Harris'ability to manage the court properly. Councilmember Durbala MOVED THAT WE ALLOW THE CURRENT CONTRACT OF PRESIDING MAGISTRATE TO LAPSE ACCORDING TO ITS TERMS AND THAT WE DIRECT THE CITY MANAGER AND CITY ATTORNEY TO TAKE THE FOLLOWING ACTIONS: A.PREPARE A LIST OF QUALIFIED PERSONS WHO COULD SERVE AS INTERIM PRESIDING MAGISTRATE FOR A PERIOD,NOT TO EXCEED SIX MONTHS,BEGINNING REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 12 OF 18 JULY 1,1996,UNTIL SUCH TIME AS COUNCIL MAY MAKE AN APPOINTMENT OF A PRESIDING MAGISTRATE FOR THE TERM OF OFFICE AS CONTEMPLATED BY SECTION 5-2-1 OF THE CITY CODE; B.THAT THE LIST OF PROSPECTIVE CANDIDATES FOR THE AFOREDESCRIBED INTERIM POSITION BE GIVEN TO COUNCIL TOGETHER WITH A RESUME FOR EACH POTENTIAL CANDIDATE NOT LATER THAN JUNE 14,1996; C.THAT EACH PROSPECTIVE CANDIDATE BE INVITED TO THE WORK SESSION OF COUNCIL FOR JUNE 17,1996,FOR POSSIBLE INTERVIEW; D.THAT JUDGE DON,PRESIDING JUDGE OF THE PINAL COUNTY SUPERIOR COURT, BE CONSULTED REGARDING THE PROCEDURE OF COUNCIL APPOINTING AN INTERIM PRESIDING MAGISTRATE UNTIL SUCH TIME AS SELECTION OF A PRESIDING MAGISTRATE AS CONTEMPLATED BY SECTION 5-2-1 OF THE CITY CODE CAN BE MADE,THE TERM OF THE INTERIM APPOINTMENT TO NOT EXCEED SIX MONTHS, STAFF TO REPORT TO COUNCIL BY JUNE 17,1996,THE RESULTS OF THAT CONSULTATION; E.THAT THE MATTER OF POSSIBLE APPOINTMENT OF AN INTERIM PRESIDING MAGISTRATE FOR A PERIOD,NOT TO EXCEED SIX MONTHS,BEGINNING JULY 1, 1996,UNTIL SUCH TIME AS COUNCIL HAS SELECTED A PRESIDING MAGISTRATE AS CONTEMPLATED BY SECTION 5-2-1 OF THE CITY CODE BE PLACED ON THE AGENDA FOR THE REGULAR MEETING OF COUNCIL SET FOR JUNE 18,1996; F.THAT THE CITY ATTORNEY BE DIRECTED TO RESEARCH AND PREPARE FOR POSSIBLE ADOPTION AT THE NEXT REGULAR MEETING OF COUNCIL SUCH ORDINANCE CHANGES AS MAY BE NECESSARY TO CARRY INTO EFFECT THE POSSIBLE APPOINTMENT BY COUNCIL OF THE AFOREDESCRIBED INTERIM PRESIDING MAGISTRATE,AND IF SUCH ORDINANCE CHANGES APPEAR NECESSARY TO THE CITY ATTORNEY,THAT SAID ORDINANCE CHANGES BE PLACED ON THE AGENDA OF THE NEXT REGULAR MEETING OF COUNCIL FOR POSSIBLE ADOPTION. MOTION. Councilmember Surra SECONDED THE Councilmember Durbala read the following statement into the ecord: "On the initial charges by the Commission of Judicial Conduct dated 4-12-96,under the different counts she admitted she was at fault,such as: COUNT ONE,failure to follow adminstrative directions,paragraph 6 and paragraph 9 -letter specifically instructed respondent to make no changes in the administration and operation of the court without Judge Bean's prior written approval. COUNT TWO,arbitrarily ignoring state law,paragraph 12 -to waive the $12.00 time payment fee,required by A.R.S.12-116,even after being REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 13 OF 18 advised of the statute.Does this mean you would hold court and sentence but not impose until a later date?Supposedly you would take a plea on one date and impose a sentence on another.This can be done, but this would mean at the time of the plea you are actually setting another date for appearance,and the defendant does not know what the fine will be at the time of the plea,and at the time of the sentence there are formal proceedings.The defendant does not simply show up at the counter with money.Paragraph 15 -you admitted to not notifying an individual of sentence modifications as required by the Victim's Bill of Rights as set forth in A.R.S.13-4401. COUNT THREE,paragraph 17 - while in training in the Casa Grande Municipal Court,the court clerks informed you that you had no authority to enter visitation orders and that Judge Bean had issued a memorandum to that effect.Paragraph 21 -a city magistrate has no jurisdiction to decide civil damage in an order of protection,civil damages can only be covered in a separate lawsuit. COUNT FOUR,willfully exceeding the scope of judicial authority wherein and by issuing injunctions prohibiting harassment,paragraph 24 -in acting as prosecution,judge and jury,and stating a penalty before being brought back into court,by having children clean the side of Idaho Road and U.S.60,which would put the children at risk of being hurt,as well as it being against the law by having a pedestrian walk on the side of the road of U.S.60.This would also involve liability to the City of Apache Junction.God forbid if anything had happened to these children had this been carried out. COUNT FIVE,improperly engaging in ex parte communications,paragraph 14 -in amended charges,these were amended charges that had newer charges pressed after the original charges,has routinely dismissed or amended criminal traffic citations involving A.R.S.28-473,driving on a suspended license.You have performed this action without the knowledge or consent of the city prosecutor.You have allowed defendants to plead guilty to a reduced charge of A.R.S.28-411,driving without a license, although their licenses were suspended.You have expressed to your clerks that you disagree with the manner in which the Arizona Department of Motor Vehicles assesses points or extra suspension time for violations of A.R.S.28-473.This,in fact,got the rest of the community in danger as these people are allowed to drive the streets. In addition,you did not impose penalties that are required to be charged for driving while suspended,revoked,cancelled,refused or disqualified,or in violation of license restrictions. And I state under Arizona state statute 28-473,page 108,Paragraph C,it states "for a first conviction the court shall (which means you will)impose a fine in the amount of not less than $300.00, except that on proper evidence of payment of any civil sanction imposed by the court for the original civil violation which gave rise to the suspension,the fine shall not be less than $50.00. For a second or subsequent conviction within one year after the REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 14 OF 18 date of the first conviction,the court shall impose a fine in the amount of not less than $500.00.A judge shall not grant probation to or suspend any part of all of the imposition or execution of any sentence required by this subsection.A judge shall not dismiss an action brought under this subsection only because the defendant has paid the civil sanction which gave rise to the suspension." COUNT TEN,improperly engaging in ex parte communications,paragraph 29 in a zoning case where key witnesses were Apache Junction city employees,you met and questioned one of them about the aspects of the case without the presence of the prosecutor and the defendants.The prosecutor requested a change of judge for the cause and you refused. You stated later under Canon 38(7)(b),a judge may obtain the advice of a disinterested expert on the law applicable to a proceeding.Yet another judge of your choosing disagreed and granted the motion.In doing this I feel you did not give the defendant or the City of Apache Junction their day in court. IN GENERAL,as to the issue of subpoenas,you apparently do not believe certified mail to be effective.This is in an information memorandum dated March of 1996 to the city council.On December 27,1995,you sent out a report from the supreme court regarding proposed changes in the limited jurisdiction courts,stating the information provided may be helpful for you in looking at the future.The report,titled "Report and Recommendations of the Committee to Study Improvements in the Limited Jurisdiction Courts",dated 12-95,was put out by the Arizona Supreme Court Administrative Office of the Courts.Under this section, "Constables/Service of Process",page VI,allowing for service of process in all civil matters through private process servers;certified mail;and by other mechanisms provided for by court rule or statute, certified mail can be sent a number of ways:with restricted delivery where it would be returned receipt,means only the addressee can sign the return receipt;certified with just a return receipt,any party at that address can sign the return receipt;or certified,where just any party signs for it and there is no return receipt.There will be three notices sent to the address before it is returned to the courts.This takes approximately fifteen days.The cost is minimal compared to using a private process server,which saves the court money. The Arizona State Supreme Court stated in Button vs.Nevin,44 Ariz 247,257,35 P2d 568,571 (1934):(this is a ruling by the Arizona State Supreme Court)"Public officials may not violate the plain terms of a statute because in their opinion better results will be attained by doing so.They have but one duty,and that is to enforce the law as i t is written,and,if the effect of their action is disastrous,the responsibility is upon the legislative and not upon them." As you stated in your response,Apache Junction has long been known to be a volatile community and a confrontational political area.In my REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 15 OF 18 opinion you have seemed to made it more confrontational amongst councilmembers by pitting them against each other,case in point:you requested Grace Hagner be removed as your liaison to the court.As you know,the mayor has the authority to appoint the liaison under Apache Junction City Code 2-18.2,with the approval of the council.You did your best to restrict her from doing her job even after being told by the mayor he was not going to change liaisons.An example,in one of your memos that came back,your memo dated 12 January 1996,you stated, "Vice Mayor Richmond and I are meeting with Councilmember Grace Hagner to explain the activities of the court."Even after this meeting you still left her out of the loop and used other councilmembers in her place to circumvent her liaison position. You seem to be confrontational with most of the other city employees. In my opinion I feel this is not conducive to a good working relationship with city employees. You also complain you work an average of eighteen hours overtime.If you look in your contract it states,under hours of work,Section 5.6, "in the event contract employee is required to work more than forty hours in a week,contract employee shall not be compensated for any additional time."As you know,we have other contract employees who work ten to twenty hours in overtime with no extra compensation, including,which is the city manager and the city attorney. I've been approached by many police officers who have told me you are a hard person to get hold of for warrants;they therefore have to go to the justice of the peace to get a warrant issued.With all this overtime you're requesting to be paid for,it seems like you would be available to the police department for matters such as issuing a warrant. As far as slander to you made by councilmembers,in my opinion you have slandered the City of Apache Junction and its residents by not following state laws and using your position as a judge to do whatever you wish to do and how you wish to do something.You almost remind me of the movie,"Judge Roy Bean,West of the Pecos",wherein he makes a statement,"I am the only law out here and what I say goes". I cannot help but wonder how you cannot take responsibility and accountability for your actions.You blame everyone else;from deceased Judge Bean,deceased Councilwoman Grace Hagner,your own court clerks, the city council,the city staff and management,the Arizona Supreme Court,the Arizona Judicial Review Board,to the past judge,Corwin Brundrett,and his adminstration,for all your problems in the court. In conclusion,in my opinion,I do not feel you should sit on the bench in the City of Apache Junction.I cannot,in good conscience or good faith,on behalf of the residents of Apache Junction,vote for your reappointment as city magistrate for another two years." REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 16 OF 18 EXECUTIVE SESSION AT 6:00 P.M.AND A WORK MONDAY,JUNE 17,1996,IN THE CITY COUNCIL CHAMBERS RESPECTIVELY:AND THAT AN EXECUTIVE SESSION AT 6:00 P.M.BE THE CITY COUNCIL CONFERENCE ROOM. VOTE:4-2 (Vice Mayor Richmond and Councilmember Hendricks voted in opposition.) The motion carried. PROCEDURE FOR BOARD/COMMISSION REAPPOINTMENTS )Vice Mayor Richmond MOVED THAT THE FOLLOWING DIRECTION BE GIVEN REGARDING THE PROCESS FOR THE REAPPLICATION OF BOARD AND COMMISSION MEMBERS:THAT ALL MEMBERS UP FOR REAPPOINTMENT FILL OUT A TALENT BANK APPLICATION AND THEY BE INTERVIEWED BY COUNCIL AT A WORK SESSION AS WE HAVE BEEN DOING FOR THE OTHERS. Councilmember Barker SECONDED THE MOTION. VOTE:Unanimous. The motion carried. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES Councilmember Barker MOVED THAT AN SESSION AT 7:00 P.M.BE HELD ON CONFERENCE ROOM AND CITY COUNCIL HELD ON TUESDAY,JUNE 18,1996,IN Vice Mayor Richmond SECONDED THE MOTION. VOTE:Unanimous. The motion carried. INFORMATION AND REPORTS Councilmember Barker advised the council that Vice Mayor Richmond is going to be sworn in as the state president of the Fraternal Order of Eagles. Councilmember Barker advised she and the city manager went to the Chamber of Commerce Retreat and she thinks a lot was accomplished. ADJOURNMENT )Mayor Coleman adjourned the REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 17 OF 18 meeting at 8:53 p.m. Consent Agenda Items are as follows: 1.Acceptance of agenda. 2.Acceptance of the minutes of the regular meeting of May 7,1996. 3.Acceptance of the minutes of the regular meeting of May 21,1996. ACCEPTED THIS 18th DAY OF ,1996,BY THE MAYOR AND CITY WCOUNCIL OF THE CITY OF APACHE JUNCTI ARIZONA. SIGNED AND ATTESTED TO THIS 19th DAY OF amp ,1996. ATTEST: City Clerk ---.7 1 ) DOUG I ' Mayor CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction,Arizona,held on the 4th day of June,1996.I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of June,1996. laTFILTE City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 4,1996 PAGE 18 OF 18