Agenda

NOTICE AND AGENDA

A M E N D E D

SPECIAL COUNCIL MEETING
TUESDAY
FEBRUARY 14, 2017

COUNCIL CHAMBERS
211 WEST ASPEN AVENUE
6:00 P.M.

Call to Order

NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION

Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the City Council and to the general public that, at this meeting, the City Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the City’s attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).

Pledge of Allegiance

Roll Call

NOTE: One or more Councilmembers may be in attendance telephonically or by other technological means.

MAYOR EVANS
VICE MAYOR WHELAN
COUNCILMEMBER BAROTZ
COUNCILMEMBER MCCARTHY

COUNCILMEMBER ODEGAARD
COUNCILMEMBER OVERTON
COUNCILMEMBER PUTZOVA

Public Participation

Public Participation enables the public to address the council about items that are not on the prepared agenda. Anyone wishing to comment at the meeting is asked to fill out a speaker card and submit it to the recording clerk. When the item comes up on the agenda, your name will be called. You may address the Council up to three times throughout the meeting, including comments made during Public Participation. Please limit your remarks to three minutes per item to allow everyone to have an opportunity to speak. At the discretion of the Chair, ten or more persons present at the meeting and wishing to speak may appoint a representative who may have no more than fifteen minutes to speak.

Consideration of Potential Options re Minimum Wage:

OPTION ONE: Ordinance No. 2017-03 Calling a Special Election for May 16, 2017, to submit to the voters an amendment to Title 15, Labor, of the Flagstaff City Code as presented through Initiative IN2017-01 and entitled "The Sustainable Wages Act"

AND / OR

OPTION TWO: Direct staff to place on a future agenda the discussion and possible adoption of an ordinance amending the current law, to further its intent.

RECOMMENDED ACTION:

OPTION ONE: (Calling a Special Election for May 16, 2017)
At the Council Meeting of February 14, 2017
1) Read Ordinance No. 2017-03 by title only for the first time
2) City Clerk reads Ordinance No. 2017-03 by title only (if approved above)
At the Council Meeting of February 21, 2017
3) Read Ordinance No. 2017-03 by title only for the final time
4) City Clerk reads Ordinance No. 2017-03 by title only (if approved above)
5) Adopt Ordinance No. 2017-03

OPTION TWO: (Proposing to Consider an Ordinance to Amend Current Law)
1) Take no action on the ordinance, in which case the initiative IN2017-01 would be placed on the General Election ballot of November 2018.
2) Direct staff to place on a future agenda the discussion and possible adoption of an ordinance amending the current law, to further its intent.

Adjournment

CERTIFICATE OF POSTING OF NOTICE

The undersigned hereby certifies that a copy of the foregoing notice was duly posted at Flagstaff City Hall on , at a.m./p.m. in accordance with the statement filed by the City Council with the City Clerk.

Dated this day of , 2017.

__________________________________________
Elizabeth A. Burke, MMC, City Clerk

CITY OF FLAGSTAFF

STAFF SUMMARY REPORT

To:	The Honorable Mayor and Council
From:
Date:	02/08/2017
Meeting Date:	02/14/2017


TITLE:
Consideration of Potential Options re Minimum Wage: OPTION ONE: Ordinance No. 2017-03 Calling a Special Election for May 16, 2017, to submit to the voters an amendment to Title 15, Labor, of the Flagstaff City Code as presented through Initiative IN2017-01 and entitled "The Sustainable Wages Act" AND / OR OPTION TWO: Direct staff to place on a future agenda the discussion and possible adoption of an ordinance amending the current law, to further its intent.
RECOMMENDED ACTION:
OPTION ONE: (Calling a Special Election for May 16, 2017) At the Council Meeting of February 14, 2017 1) Read Ordinance No. 2017-03 by title only for the first time 2) City Clerk reads Ordinance No. 2017-03 by title only (if approved above) At the Council Meeting of February 21, 2017 3) Read Ordinance No. 2017-03 by title only for the final time 4) City Clerk reads Ordinance No. 2017-03 by title only (if approved above) 5) Adopt Ordinance No. 2017-03 OPTION TWO: (Proposing to Consider an Ordinance to Amend Current Law) 1) Take no action on the ordinance, in which case the initiative IN2017-01 would be placed on the General Election ballot of November 2018. 2) Direct staff to place on a future agenda the discussion and possible adoption of an ordinance amending the current law, to further its intent.
Executive Summary:
At the November 8, 2016, General Election, Flagstaff voters approved an initiative to adopt Title 15, Labor, of the Flagstaff City Code, to implement a minimum wage in Flagstaff to be $2/hour higher than that of the State of Arizona (which was also increased at the November 8, 2016, election by voters). While the new minimum wage for the state went into effect on January 1, 2017, the Flagstaff minimum wage is scheduled to become effective on July 1, 2017. At the end of last year, a new initiative was circulated entitled "The Sustainable Wages Act" to amend the newly-adopted language, in the hope of having the Council call a special election in May of 2017, prior to the new wage becoming effective. The purpose of this ordinance is to call a special election for May 16, 2017, for voters to consider these amendments, should that be the direction of Council. If the Council chooses not to call a special election for May, this initiative will be placed on the November 2018 ballot, unless a special election is called for another time prior to November 2018. Another option that may be considered by the Council is adoption of an ordinance to amend the current language, which is permitted by Arizona law as long as it furthers the purpose of the original initiative approved by the voters.
Financial Impact:
Should a special election be called by the City Council for May 16, 2017, costs are anticipated to be approximately $156,000. While funds were not budgeted in the 2016-2017 budget, they have been identified within the Non Departmental section from items such as salary savings, legal services, metal detectors and excess humane society budget, as well as excess funds available in the Elections line item.
Connection to Council Goal and/or Regional Plan:
None
Previous Council Decision on This:
The City Council formally discussed the overall issue of minimum wage in Flagstaff at their January 17, 2017, Regular Meeting, and have heard from many residents and business owners during Public Participation at meetings over the last month.
Options and Alternatives:
1) Call a Special Election for May 16, 2017, by reading Ordinance No. 2017-03 by title only for the first time, as written, with second reading and adoption to take place on February 21, 2017; 2) Call a Special Election for May 16, 2017, by amending Ordinance No. 2017-03 and reading it by title only for the first time, as amended, with second reading and adoption to take place on February 21, 2017; 3) Direct staff to schedule a future meeting to consider proposed amendments to Title 15, Labor, of the Flagstaff City Council, which would further the intent of the original initiative approved by voters in November 2016; 4) Take no action, in which case the initiative IN2017-01 would be placed on the General Election ballot of November 2018, unless a special election is called for another time prior to November 2018..
Background/History:
In 2016, an initiative was circulated and subsequently placed on the November 8, 2016, General Election ballot. This initiative adopted a new Title 15, Labor, to the Flagstaff City Code, to implement a new law to increase the minimum wage in Flagstaff on July 1, 2017, to be $2/hour higher than that of the State. The voters in Arizona also approved a new minimum wage at this same election, to $10/hour, effective January 1, 2017. A copy of this new law is attached as Title 15, Labor, of the Flagstaff City Code. Subsequent to this election, a new initiative was circulated and on February 8, 2017, it was determined that sufficient signatures had been filed to forward the proposed question to the voters to amend this newly-adopted language. According to Arizona law, this question would then be placed before the voters at the November 2018 General Election; however, the City Council has the option of adopting an ordinance to call a special election prior to that date to place this question before the voters sooner. The attached ordinance, No. 2017-03, would call such an election for May 16, 2017. Another option that may be considered by the City Council is adopting an ordinance to amend the newly-approved language, in furtherance of the intent of the original initiative approved by the voters.
Community Involvement:
Inform Consult Involve Collaborate Empower

Attachments:	Title 15, Labor, FCC
	Ord. 2017-03
	IN2017-01
Minutes Attachments
No file(s) attached.