City Council Meetings

Mayor Palo Verde Acacia Ironwood Mesquite Pine Willow Cathy Carlat District District District District District District Michael Finn, Vicki Hunt, Bill Patena Bridget Carlo Leone Jon Edwards Vice Mayor Mayor Pro Tem Binsbacher Amendment #1 November 26, 2018 City Council Meeting Notice & Agenda Tuesday, November 27, 2018 City Hall, Ironwood Conference Room 8401 West Monroe Street Peoria, AZ 85345 Special Meeting 4:00 P.M. Convene Roll Call Consent Agenda CONSENT AGENDA: All items listed on the Consent Agenda are considered to be routine or have been previously reviewed by the City Council, and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests; in which event the item will be removed from the General Order of Business, and considered in its normal sequence on the Agenda. Consent 1 C. Canvass of November 6, 2018 General Election Discussion and possible action to adopt RES. 2018-121 approving the Canvass of Election for the General Election held on November 6, 2018. 2 C. Authorization to Hold an Executive Session Discussion and possible action to authorize the holding of an Executive Session for the purpose of discussions or consultations with designated representatives of the public body and/or legal counsel in order to consider its position and instruct its representatives regarding: (a) Employment, assignment, appointment, promotion, or salaries of a public officer or appointee pertaining to the evaluation process and performance review of the Municipal Judge pursuant to A.R.S. § 38-431.03.A.1. Adjournment November 27, 2018 - Page 1 of 3  Executive Session Convene immediately following Special City Council Meeting Executive Room, City Council Chamber Under the provisions of A.R.S. 38-431.02 there will be a CLOSED EXECUTIVE SESSION. Executive Session Agenda 3. An Executive Session for the purpose of discussions or consultations with designated representatives of the public body and/or legal counsel in order to consider its position and instruct its representatives regarding: (a) Employment, assignment, appointment, promotion, or salaries of a public officer or appointee pertaining to the evaluation process and performance review of the Municipal Judge pursuant to A.R.S. § 38-431.03.A.1. The above-named Public Body of the City of Peoria, Arizona will convene into Executive Session pursuant to A.R.S. 38-431.03 for those items listed on the agenda. Only those persons who are: Members of the Public Body, or Officers of the City that are required to attend, or Those individuals whose presence is reasonably necessary for the Public Body to carry out its Executive Session responsibilities as determined by the City Attorney may be present during the Executive Session. All persons who remain present during the Executive Session are reminded that the business conducted in Executive Session, including all discussion taking place herein, is confidential and may not be disclosed to any person, except as permitted by law. Arizona Open Meeting Act: Arizona law requires that persons who are present in an executive session receive instruction regarding the confidentiality requirements of the Arizona Open Meetings Act. Minutes and discussions made during executive sessions are confidential and may not be disclosed to any party, except: Members of the Council, Appointees or employees who were subject of discussion under the personnel item subsection of the Open Meetings Act, County Attorney or Attorney General pursuant to an investigation of a violation of the Open Meetings Act, and Arizona Auditor General in connection with an audit authorized by law. Any person who violates or who knowingly aids, agrees to aid, or attempts to aid another person in violating the Arizona Open Meetings Law may be punished by fine of up to $500.00 per violation and/or by removal from public office. Call To The Public (Non-Agenda Items) If you wish to address the City Council, please complete a Speaker Request Form and return it to the clerk before the call to order for this meeting. The City Council is not authorized by state law to discuss or take action on any issue raised by public comment until a later meeting. Adjournment November 27, 2018 - Page 2 of 3 NOTE: Documentation (if any) for items listed on the Agenda is available for public inspection, a minimum of 24 hours prior to the Council Meeting, at any time during regular business hours in the Office of the City Clerk, 8401 W. Monroe Street, Room 150, Peoria, AZ 85345. Accommodations for Individuals with Disabilities. Alternative format materials, sign language interpretation and assistive listening devices are available upon 72 hours advance notice through the Office of the City Clerk, 8401 West Monroe Street, Peoria, Arizona 85345 - Phone: (623) 773-7340 or FAX (623) 773-7304. To the extent possible, additional reasonable accommodations will be made available within the time constraints of the request. The City has a TDD line where accommodations may be requested at: (623) 773-7221. Public Notice In addition to the City Council members noted above, one or more members of the City of Peoria Boards and Commissions may be present to observe the City Council meeting as noticed on this agenda. City Council Meetings can be viewed live on Channel 11 (Cox Cable) and are available for viewing on demand at https://www.peoriaaz.gov/government/mayor-and-city-council/city-council-videos City Manager City Clerk Jeff Tyne Rhonda Geriminsky November 27, 2018 - Page 3 of 3 CITY OF PEORIA, ARIZONA Agenda Item: 1C. COUNCIL COMMUNICATION Date Prepared: 11/7/2018 Council Meeting Date: 11/27/2018 TO: Jeff Tyne, City Manager THROUGH: Andy Granger, Deputy City Manager FROM: Rhonda Geriminsky, City Clerk SUBJECT: Canvass of November 6, 2018 General Election Purpose: Discussion and possible action to adopt RES. 2018-121 approving the Canvass of Election for the General Election held on November 6, 2018. Summary: Pursuant to Arizona Revised Statutes § 16-642, City Council must meet and canvass the General Election held on November 6, 2018. The canvass is the act that declares the election results official. State Statute requires the canvass to be completed not less than six days and not more than twenty days following the election. The deadline for this action is November 26, 2018. The Maricopa County Board of Supervisors is scheduled to approve the Canvass of Election on November 26, 2018. Therefore, pursuant to A.R.S. 16-642 (C), City Council met on November 16, 2018 and approved the postponement of the Canvass of Election until November 27, 2018. Previous Actions/Background: On April 3, 2018, City Council directed the City Clerk to publish the Call and Notice of Election for a citywide Primary Election on August 28, 2018 and if necessary, a General Election on November 6, 2018. The Council authorized staff to add additional issues to the ballot as directed by Council, or by appropriate administrative action. On September 12, 2018, City Council adopted the Canvass of Election for the August 28, 2018 Primary Election. Based on the results from the Primary Election, a runoff General Election was necessary for the office of Councilmember for the Acacia District. On November 6, 2018, a runoff General Election was conducted and the ballot included candidates for the office of Councilmember for the Acacia District. On November 16, 2018, City Council approved the postponement of the Canvass of Election. Options: Adopt the Resolution approving the Canvass of Election for the November 6, 2018 General Election. Staff Recommendation: This is a request for City Council to adopt a resolution approving the official Canvass of Election for the November 6, 2018 General Election. ATTACHMENTS: Resolution Contact Name and Number: Rhonda Geriminsky, (623) 773-7340  RESOLUTION NO. 2018-121 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF PEORIA, MARICOPA COUNTY, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE MARICOPA COUNTY REGULAR GENERAL ELECTION HELD ON NOVEMBER 6, 2018. WHEREAS, the City of Peoria, Arizona did hold a general election on November 6, 2018; and WHEREAS, the election returns have been presented to and hereby canvassed by the City Council. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Peoria, Arizona, as follows: SECTION 1. That the total number of ballots cast and total voter turnout at said general election, as shown by the final results as reported by Maricopa County, are set forth on the Summary Report, attached and incorporated into this resolution. SECTION 2. That the number of votes cast at each precinct at said general election, as shown by the final results as reported by Maricopa County, are set forth on the Precinct Canvass Report, attached and incorporated into this resolution. SECTION 3. That the number of rejected ballots by precinct at said general election, as shown by the final results as reported by Maricopa County, are set forth on the Rejected Ballots Report, attached and incorporated into this resolution. SECTION 4. That the total number of votes cast at said general election for the candidates of the Acacia District Councilmember are as follows: Candidates Name Votes Cast Burback, Brittany 2,971 Hunt, Vicki 3,201 SECTION 5. That it is hereby found, determined and declared of record, that the following candidate did, pursuant to Peoria City Code Chapter 4, Section 4.1(c), receive the highest number of votes and will be issued a Certificate of Election in January 2019 at the official swearing-in ceremony: Name Hunt, Vicki Resolution No. 2018-121 Page 2 of 5 SECTION 6. That all orders or resolutions in conflict be, and the same are, to the extent of such conflict, hereby repealed, and that this resolution be in full force and effect immediately upon its adoption. PASSED AND ADOPTED by the Mayor and Council of the City of Peoria, Arizona this 27th day of November, 2018. _______________________________ Cathy Carlat, Mayor _______________________ ____ Date Signed ATTEST: _____________________________ Rhonda Geriminsky, City Clerk APPROVED AS TO FORM: _____________________________ Vanessa P. Hickman, City Attorney  MRC_20181106_E Resolution No. 2018-121 Page 3 of 5 November 6, 2018 Summary Report MARICOPA COUNTY FINAL OFFICIAL RESULTS Peoria-Council-Acacia (5) 5/5 100.00% Under Votes: 1514 Over Votes: 7 - BURBACK, BRITTANY 2,971 48.00% - HUNT, VICKI 3,201 51.71% Write-In Candidate 18 0.29% Total ... 6,190 100.00% November 20, 2018 3:10 PM Page 1 of 1  Resolution No. 2018-121 Page 4 of 5 MRC_20181106_E 11/6/2018 Precinct Canvass MARICOPA COUNTY 1 Peoria-Council-Acacia 1 1 1 1 1 BURBACK, BRITTANY Write-In Candidate Registered Ballots Cast Turnout (%) HUNT, VICKI Over Votes Under Votes 0125 COMET 2485 1530 61.57 490 655 1 3 381 0466 OSUNA PARK 3251 1776 54.63 733 759 6 1 277 0497 PEORIA HEIGHTS 2223 990 44.53 424 386 1 1 178 0645 SUNDANCE 2063 1103 53.47 402 492 2 207 0702 VOGEL 4424 2312 52.26 922 909 8 2 471 14446 7711 53.38 2971 3201 18 7 1514 Printed: Tuesday, November 20, 2018 2:34 PM Data Refreshed: 11/20/2018 2:03 PM Page 1 of 1 Resolution No. 2018-121 Page 5 of 5 EV36Batch-V10.rpt MARICOPA COUNTY Page: 1 Date: 11/20/2018 RECORDER'S INFORMATION SYSTEMS CENTER Time: 9:58 pm REJECTED BALLOTS BY PRECINCT / CPC Election Title: MARICOPA COUNTY Election Number: 1341 Election Date: 11/06/2018 PEORIA - ACACIA DIST 5 Precinct/CPC Number Precinct/CPC Name Reason Number Rejected 0 0125 COMET NO SIGNATURE 4 0466 OSUNA PARK RETURNED LATE 3 NO SIGNATURE 4 0497 PEORIA HEIGHTS BAD SIGNATURE 1 RETURNED LATE 2 0645 SUNDANCE BAD SIGNATURE 1 NO SIGNATURE 2 0702 VOGEL BAD SIGNATURE 1 RETURNED LATE 3 NO SIGNATURE 7 Bad Signature Total: 3 No Signature Total: 17 Total Rejected: 20 Returned Late Total: 8 Total Rejected + Late: 28