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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/8/2000 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, FEBRUARY 8, 2000, AT 7:00 P.M. The meeting was called to order by Mayor Scruggs, with Vice Mayor Eggleston and the following Councilmembers present: Goulet, Lieberman, Martinez, McAllister and Samaniego. Also present were Martin Vanacour, City Manager; Ed Beasley, Assistant City Manager; Peter Van Haren, City Attorney; and Pamela Oliveira, City Clerk. Compliance with Article VII, Section 6(c) of the Glendale Charter A statement was filed by the City Clerk that the two ordinances and two resolutions to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF JANUARY 25, 2000 It was moved by Goulet, and seconded by Samaniego, to dispense with the reading of the minutes of the Regular City Council Meeting of January 25, 2000, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. BIDS AND CONTRACTS 1 . AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT — WEST AREA WATER RECLAMATION FACILITY Mr. Ken Martin, Deputy City Manager, presented this item. The West Area Water Reclamation Facility project team recently celebrated the 75% completion milestone for the prerequisite work required to begin facility start up and testing. Maintaining the critical schedule for the largest project the City has undertaken requires the following amendment to the contract. This request was for approval of Amendment No. 4 in the amount of $349,144 to the professional services agreement with Malcolm Pirnie, Inc. for the performance of engineering services that will include additional hydrogeologic and permitting services for the Aquifer Recharge Facility ($128,040) and the development of Electronic Facilities Operations and Maintenance Manuals for the West Area Water Reclamation Facility and Arrowhead Ranch Water Reclamation Facility ($221,104). The Aquifer Recharge Facility was designed as an integral part of the West Area Water Reclamation Facility as the receiving facility for the reclaimed water generated by the reclamation facility for recharge back into the ground. The State of Arizona 1 Department of Water Resources requires this facility to operate under two permits — an underground storage facility permit and a water storage permit. The permit applications required a public review period and during that time the City received concerns from the Litchfield Park Service Company regarding potential contamination of their domestic wells. The State has requested that these issues be satisfactorily addressed before final approval of the permit applications. The additional work identified in this addendum will satisfy Litchfield Park Service Company's monitoring requirements and will allow the final permits to be issued by the State. This amendment provides for the additional hours required to design four additional monitoring wells; the redesign of a previously approved monitoring well; the inclusion of two existing Litchfield Park Service Company wells into the Aquifer Recharge Facility monthly well sampling program; and the documentation, preparation, and submittal of the final full scale permit applications required by the State Department of Water Resources. The last step in the design and construction process is the development of an Electronic Facility Operations and Maintenance Manual for the West Area Water Reclamation Facility. This manual is required by the Arizona Department of Environmental Quality and the Maricopa County Division of Environmental Services for the start-up and operation of the facility. Similar documentation for the Arrowhead Water Reclamation Facility is also required because of substantial modifications made to that plant's operations from the recent expansion. The manuals for both of these facilities will provide specific details on the operation of the plants, mechanical systems, and the sensory and monitoring equipment necessary to operate both plants. Malcolm Pirnie, Inc. has already developed an outline and a structure for these manuals and this amendment will provide all the details required for the operation of the facilities. These manuals are of a highly technical nature and will be provided to the City in both paper and electronic form. The cost of Amendment No. 4 is not to exceed $349,144. Funds for the additional hydrogeologic and permitting services ($128,040) for the Aquifer Recharge Facility are available in West Area Water Reclamation Facility Project Account Number 50-9246-8300. Funds for the Electronic Operations Maintenance Manuals ($221,104) are available in Pyramid Peak Water Treatment Plant Expansion Project Account Number 50-9260-8300. A transfer of $221,104 from the Pyramid Peak Water Treatment Expansion Project Account into West Area Water Reclamation Facility Account Number 50-9246-8300 is necessary to facilitate payments to the consultant for the combined services. The recommendation was to approve Amendment No. 4 to the professional services agreement with Malcolm Pirnie, Inc. in the amount of $349,144 and authorize the transfer of funds. 2 Councilmember Lieberman said that he would object to approval of this item. He stated that he cannot understand paying $110,552 per disk, noting that they can get burners of excellent quality for $600-$700 and cheap disk burners for $180. He stated that he will never be convinced that they have to pay $110,000 per manual and he will not accept it. Councilmember McAllister said it was his understanding that the manual will cover the operation of both plants, not just the generators. Mr. Martin stated that this was correct and it will be a very detailed process manual for how the actual plant functions. Councilmember McAllister stated that he assumed, if anything comes up in any part of the operation of the plant, this would provide a quick way to find out what the procedures are to correct it. Mr. Martin confirmed for Councilmember McAllister that they intend to make this available electronically so they can get a quicker response to situations. Councilmember McAllister stated that this is a unique plant that has the responsibility to ensure that anyone operating there can go to these operating manuals to find and correct any situation. Mr. Martin agreed. He explained that they were looking at having the flexibility of having a single operator. He noted that, while some of the equipment at each facility is similar, each one is a unique facility. Councilmember McAllister asked if the manuals go beyond the basic instructions on how to operate a generator. Mr. Martin stated that they will get written manuals on the equipment, but they are going beyond that to have necessary procedures set up should a particular piece of equipment go down. Councilmember Samaniego asked if the State of Arizona was also requiring a number of things, including the design of four additional monitoring wells, the re-design of a previously approved monitoring well, and the inclusion of two existing Litchfield Park Service Company wells. Mr. Martin explained that, when they get into the actual design process, they are required to get involved with anyone else that may have wells in the vicinity. He stated that Litchfield Park Service Company has some existing wells and is looking into having some additional testing to ensure they are protected from anything that might occur. It was moved by Samaniego, and seconded by Goulet, to approve Amendment No. 4 to the professional services agreement with Malcolm Pirnie, Inc. in the amount of $349,144 and authorize the transfer of funds. The motion carried, with Lieberman voting "nay". PUBLIC HEARING — SPECIAL EVENT LIQUOR LICENSES 2. SPECIAL EVENT LIQUOR LICENSE FOR THE FRATERNAL ORDER OF EAGLES — FEBRUARY 12, 2000 This was a request for a special event liquor license for the Fraternal Order of Eagles ("F.O.E."). The event is a fund raiser in conjunction with a meeting of the F.O.E.'s officers, which will be located at 7575 North 67th Avenue. This event is sponsored by the F.O.E. 3 The event will be held between 10:00 a.m. to 10:00 p.m. on Saturday, February 12, 2000. This is the first special event license requested by this applicant this year. If this license is approved, the total days expended by this applicant will be one of the allowed ten days this calendar year. Under the provisions of the Arizona Revised Statutes, Section 4-203.02, the City is required to recommend approval or disapproval of the license to the State of Arizona Department of Liquor Licenses and Control. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with recommendation for approval. 3. SPECIAL EVENT LIQUOR LICENSE FOR ARIZONA YOUTH BASEBALL — FEBRUARY 28, 2000 This was a request for a special event liquor license for Arizona Youth Baseball. The event is a golf tournament/fundraiser, which will be located at the Arrowhead Country Club, 19888 North 73rd Avenue. This event is sponsored by Arizona Youth Baseball. The event will be held between 9:00 a.m. to 10:00 p.m. on Monday, February 28, 2000. This is the first special event license requested by this applicant this year. If this license is approved, the total days expended by this applicant will be one of the allowed ten days this calendar year. Under the provisions of the Arizona Revised Statutes, Section 4-203.02, the City is required to recommend approval or disapproval of the license to the State of Arizona Department of Liquor Licenses and Control. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with recommendation for approval. 4. SPECIAL EVENT LIQUOR LICENSE FOR MUSCULAR DYSTROPHY ASSOCIATION — MARCH 13, 2000 (THE LEGEND GOLF RESORT) This was a request for a special event liquor license for the Muscular Dystrophy Association. The event is a golf tournament/fundraiser, which will be located at the Legend Golf Resort, 21027 North 67th Avenue. This event is sponsored by the Muscular Dystrophy Association. The event will be held from 8:00 a.m. to 9:00 p.m. on Monday, March 13, 2000. This is the first special event license requested by this applicant this year. If this license is approved, the total days expended by this applicant will be one of the allowed ten days this calendar year. 4 Under the provisions of the Arizona Revised Statutes, Section 4-203.02, the City is required to recommend approval or disapproval of the license to the State of Arizona Department of Liquor Licenses and Control. The recommendation was to conduct a public hearing and forward the application to the State Arizona Department of Liquor Licenses and Control, with recommendation for approval. 5. SPECIAL EVENT LIQUOR LICENSE FOR MUSCULAR DYSTROPHY ASSOCIATION — MARCH 13, 2000 (ARROWHEAD COUNTRY CLUB) This was a request for a special event liquor license for the Muscular Dystrophy Association. The event is a golf tournament/fund raiser, which will be located at the Arrowhead Country Club, 19888 North 73rd Avenue. This event is sponsored by the Muscular Dystrophy Association. The event will be held from 8:00 a.m. to 9:00 p.m. on Monday, March 13, 2000. This is the second special event license requested by this applicant this year. If this license is approved, the total days expended by this applicant will be two of the allowed ten days this calendar year. Under the provisions of the Arizona Revised Statutes, Section 4-203.02, the City is required to recommend approval or disapproval of the license to the State of Arizona Department of Liquor Licenses and Control. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with recommendation for approval. Mayor Scruggs opened the public hearing on agenda item Nos. 2, 3, 4 and 5. Mr. Leonard Clark, residing in the City of Glendale Barrel District, stated that he strongly supported approval of the liquor licenses for the two Muscular Dystrophy Association locations. He explained that he had walked many miles door-to-door for Jerry's Kids and believed it was a great cause. Mayor Scruggs closed the public hearing. It was moved by Martinez, and seconded by Lieberman, to forward Special Event Liquor License Applications for (1) the Fraternal Order of Eagles (F.O.E.) for a fundraiser in conjunction with a meeting of the F.O.E. officers to be held at 7575 North 67t" Avenue on February 12, 2000; (2) Arizona Youth Baseball for a golf tournament/fundraiser to be held at the Arrowhead Country Club, 19888 North 73rd Avenue, on February 28, 2000; (3) the Muscular Dystrophy Association for a golf tournament/fundraiser to be held at the Legend Golf Resort, 21027 North 67th Avenue, on March 13, 2000; and (4) the Muscular Dystrophy 5 Association for a golf tournament/fundraiser to be held at the Arrowhead Country Club, 19888 North 73rd Avenue, on March 13, 2000, to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. PUBLIC HEARING — LIQUOR LICENSES 6. LIQUOR LICENSE NO. 3-684 - RUBIO'S BAJA GRILL This was a request for a new series 12 (restaurant) license for Rubio's Baja Grill, which is located at 20210 North 59th Avenue, Suite 104. There have been no previous liquor licenses at this location. The approval of this license will increase the number of liquor licenses in the area by one. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The applicant was notified by regular and certified mail of the hearing date, place and time. The Planning and Zoning Department, the Police Department and the Maricopa County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. 7. LIQUOR LICENSE NO. 3-685 — SKIPPER'S LOUNGE This was a request for a person transfer for a series 6 (on & off-sale retail, all liquor) license for Skipper's Lounge, which is located at 6124 N. 43rd Avenue. The previous owner held a series 6 (on & off-sale retail, all liquor) license at this location. The applicant is presently operating at this location pursuant to an interim permit. The approval of this license will not increase the number of liquor licenses in this area. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The applicant was notified by regular and certified mail of the hearing date, place and time. The Planning Department, the Police Department and the Maricopa County Health Department have reviewed the application and determined that it meets all technical requirements. The recommendation was to conduct a public hearing and forward the application to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Nos.6 and 7. As there were no comments, she closed the public hearing. 6 It was moved by Lieberman, and seconded by Martinez, to forward Liquor License Applications No. 3-684 (Rubio's Baja Grill) and No. 3-685 (Skipper's Lounge) to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. ORDINANCES 8. ARIZONA PUBLIC SERVICE UTILITY EASEMENTS, ALLEY UNDER- GROUNDING PROJECT Mr. Ken Reedy, Deputy City Manager, presented this item. Arizona Public Service Company has requested two utility easements in conjunction with the alley undergrounding project south of Glendale Avenue and east of 59th Avenue. The first utility easement is to install underground power lines and related facilities to provide primary power service to the Sine Hardware Building. The second utility easement is for the location of a 3-phase transformer on the Justice Court property. There are no costs associated with the granting of either easements. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute two easements in favor of Arizona Public Service Company for utility purposes. Ordinance No. 2118 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE TWO UTILITY EASEMENTS IN FAVOR OF ARIZONA PUBLIC SERVICE COMPANY IN CONJUNCTION WITH THE ALLEY UNDERGROUNDING PROJECT SOUTH OF GLENDALE AVENUE AND EAST OF 59TH AVENUE IN GLENDALE, ARIZONA; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Lieberman, and seconded by Martinez, to approve Ordinance No. 2118 New Series. Motion carried on a roll call vote, with the following members voting "aye": Goulet, Samaniego, McAllister, Eggleston, Lieberman, Martinez, and Scruggs. Members voting "nay": none. 9. DEEDS AND EASEMENTS ORDINANCE Mr. Ed Beasley, Assistant City Manager, presented this item. The City of Glendale is conveyed real estate properties by quit-claim deed, warranty deed and/or easements from property owners no longer desiring to retain ownership of their properties. Staff allows these properties to accumulate and presents them to Council for a one-motion consideration. 7 These properties have been used for sidewalks, streets, alleyways, parks, water and sewer lines, and other public utilities. In order to utilize these properties for similar use in the future, it is necessary that Council adopt an ordinance dedicating these properties for public use. The recommendation was to waive reading beyond title and adopt an ordinance dedicating certain real property for public use. Mr. Leonard Clark residing in the City of Glendale Barrel District, stated that he was in favor of this ordinance, but asked if the City has to do this every year to ensure that the properties conveyed to the City of Glendale are used for parks and that type of thing. He also expressed concern regarding the warranty deeds, which imply that the holder of the deed might be liable for any clouds on the title. Mr. Peter Van Haren, City Attorney, noted that a warranty deed is better than a quick claim title. He stated that, in every case, the interests of the citizens of Glendale are protected. Mayor Scruggs asked if these ordinances were done twice a year. Mr. Van Haren explained that they do the same ordinance several times a year, but each time it deals with different properties. Ordinance No. 2119 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING DEEDS AND EASEMENTS FOR STREET, PUBLIC UTILITY, SIDEWALK, ALLEY, WATER AND SEWER, PARKS AND OTHER PURPOSES; ORDERING THE DOCUMENTS RECORDED; AND DEDICATING TO PUBLIC USE THE PROPERTY DESCRIBED THEREIN. It was moved by Martinez, and seconded by Goulet, to approve Ordinance No. 2119 New Series. Motion carried on a roll call vote, with the following members voting "aye": Goulet, Samaniego, McAllister, Eggleston, Lieberman, Martinez, and Scruggs. Members voting "nay": none. RESOLUTIONS 10. DEVELOPMENT AGREEMENT FOR ARROWHEAD PROMENADE SHOPPING CENTER; 5932 WEST BEHREND DRIVE Mr. Gary Fulk, Planning Manager, presented this item. The City has requested that Kitchell Development Company and Home Depot enter into a Development Agreement regarding property they would like to develop at the southwest corner of 59th Avenue and Beardsley Road. The parcel is a 28-acre site which has had C-2 (General Commercial) zoning since 1981. The developers propose a 217,000 square foot retail center which will include a 132,000 square foot Home Depot as a major tenant. This proposal is appropriate for C-2 zoning and the size of the parcel is adequate to 8 accommodate a larger retail center. A design review application for the site was approved by City staff on December 14, 1999. This agreement is different than most agreements that have been presented to Council in the past, in that it does not deal with any payments for public improvements or economic development incentives. The agreement addresses neighborhood concerns that have occurred with large retail users in other centers, such as hours of operation, outdoor vendors, outdoor storage of materials, and delivery times. The agreement also addresses issues related to the entire center such as building design, landscape maintenance, and permitted land uses. The Kitchell Development Company and Home Depot have voluntarily entered into this agreement. The recommendation was to waive reading beyond the title and adopt a resolution approving the development agreement with Arrowhead Marketplace Partners and Home Depot. Resolution No. 3347 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF A DEVELOPMENT AGREEMENT WITH ARROWHEAD MARKETPLACE PARTNERS, L.L.C. AND HOME DEPOT U.S.A., INC.; AND DIRECTING THAT THE DEVELOPMENT AGREEMENT BE RECORDED. Councilmember Martinez said that it would be an understatement to say that this project generated a lot of interest. He noted that this parcel was zoned in 1981 . He stated that Mayor Scruggs and he had met with Mr. Jeff Allen of Kitchell Development and Mr. Michael J. Curley with the law firm of Earl, Curley & Lagarde, P.C., and the Home Depot representatives to express their concerns and those expressed by some of the residents in the area. He stated that they told the representatives they want to see the best Home Depot they have ever built. He said that they have done a lot of things that go above and beyond what would normally be done by a developer. Councilmember Martinez explained that, since the land was already zoned, there was no need for a citizens neighborhood participation meeting. He added, however, that because of the number of telephone calls and e-mails he had received, he asked Mr. Allen to voluntarily come to a meeting to present the project and respond to any questions or concerns. He stated that Mr Allen did attend and a lot of questions were answered and a lot of misconceptions and misunderstandings were cleared up. He thanked Mr. Allen for attending this meeting. Councilmember Martinez expressed his belief that Glendale is getting a top-quality development. It was moved by Martinez, and seconded by Samaniego, to pass, adopt, and approve Resolution No. 3347 New Series. Vice Mayor Eggleston noted that the developer had agreed to 34 stipulations covering many parts of the development. He stated his belief that this was above and beyond the call of duty. 9 Upon a call for the question, the motion carried unanimously. 11. AWARD OF AN INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT FOR THE PURCHASE OF COUNTER-DRUG EQUIPMENT Mr. Charlie McClendon, Budget Director, presented this item. Section 1122 of the National Defense Authorization Act (1122 Program), established procedures that enable state and local governments to purchase law enforcement equipment suitable for counter-drug activities through federal procurement channels. The 1122 Program was instituted to allow state and local law enforcement agencies to obtain quality counter-drug equipment at the lowest prices possible, using the leverage of both federal and other state and local government volumes. The program targets materials of a common need for police departments such as binoculars, helmet shields, and body armor, which are not available from existing cooperative programs, such as the State of Arizona. The Governor of the State of Arizona has determined that the program be administered locally by the Maricopa County Sheriff's Office. The agreement will remain in effect unless canceled by the City. Currently, thirty-eight states, plus additional local governments, are members of the 1122 Program. Additional participating agencies may enter the program upon approval of their respective governing bodies. Cooperative purchases are permitted by the Code of the City of Glendale, Sections 2-136 through 2-165. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with other public agencies for the purchase of counter-drug equipment. Councilmember Lieberman asked what the dollar amount was. Mr. McClendon stated that it would not be for a specific dollar amount, but rather it would allow them to purchase through federal procurement channels. He explained that they will look through the information and it will tell, item by item, how much an item costs and what the volume discount is. He stated that the dollar amount will be dependent on how much the program is used. Councilmember Lieberman asked if this would be limited to $25,000 without Council approval. Mr. Peter Van Haren, City Attorney, stated that it would and that all other purchasing regulations apply. Councilmember McAllister asked what items they were referring to. Mr. McClendon stated that they have to be items used for law enforcement/drug abatement purposes. He identified examples, including vans for surveillance and specialized police vehicles. 10 Mr. Leonard Clark, residing in the City of Glendale Barrel District, expressed his support for this item. He stated that, although it is a good program, he does have concerns regarding the lack of specificity as to the equipment. Resolution No. 3348 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE PROCUREMENT OF QUALIFYING LAW ENFORCEMENT EQUIPMENT BY THE GLENDALE POLICE DEPARTMENT THROUGH THE ARIZONA COUNTER-DRUG PROCUREMENT PROGRAM. It was moved by Lieberman, and seconded by Goulet, to pass, adopt, and approve Resolution No. 3348 New Series. The motion carried unanimously. NEW BUSINESS 12. EXPENDITURE LIMITATION BASE ADJUSTMENT- PUBLIC HEARING Mr. Art Lynch, Finance Director, presented this item. The Expenditure Limitation Base Adjustment and Home Rule are two alternatives to operating under a state- imposed expenditure limitation established in 1979-80. On five previous occasions, through their positive votes for Home Rule, Glendale voters have acknowledged that the 1979-80 base limit is inadequate. The Expenditure Limitation Base Adjustment is an adjustment to the existing state-imposed expenditure limitation. This option allows the City to raise its base level of expenditures from the 1979-80 figure to one that better meets the needs of Glendale, rather than asking the voters to re-approve an alternative expenditure limitation every four years, as does the Home Rule option. When the City's expenditures begin to approach the adjusted base limit (which should take a minimum of ten years), a re-adjustment of the base can be proposed to voters. Another advantage of this option is that it allows the City a greater long-range planning capability than Home Rule, which is likely to be viewed favorably by bond rating agencies. In 1998 the City Council-appointed Alternative Expenditure Limitation (AEL) Committee recommended the Home Rule option be voted upon in May of 1998 (which the City is currently operating under), and also recommended that the City consider putting an Expenditure Limitation Base Adjustment on the ballot in the May 2000 General Election. In Workshops held in April and December of 1999, the City Council reviewed information prepared by staff pertaining to the Expenditure Limitation Base Adjustment option. As a part of that process, two public hearings are being held to allow citizen input on the proposition that will be on the ballot in the General Election. In order to follow a prudent timetable for subsequent Council consideration of placing the Expenditure Limitation Base Adjustment on the May 16, 2000 ballot, it was necessary to hold the first public hearing tonight. The second public hearing is scheduled for the February 22, 2000 regular City Council meeting. 11 The amount of the increase being proposed for the Base Adjustment is $46,500,000, based on the City's actual spending in recent years and factoring in population and inflation growth. This amount would allow the City to spend under the new Base Adjustment for a minimum of ten years, barring any new large expenditure items. The original base from 1979-80 is $21,455,628, which would make the adjusted base amount $67,955,628. These base numbers are the limits for all City expenditures, except for debt service expenditures, and those expenditures from bond proceeds and non-local revenues, such as federal grants. An Expenditure Limitation Base Adjustment will not result in a tax increase, nor will it authorize additional expenditures by the City. Another state law mandates balanced budgets for cities; therefore, the city's budgeted expenditures can never exceed its estimated revenues and other sources. This proposition also does not eliminate the ability of the citizens to oversee the City's spending. The citizens of Glendale have the opportunity to review and comment every year when the City's budget is submitted for Council approval. As in Home Rule, the Expenditure Limitation Base Adjustment option gives the City the authority to determine a more realistic spending limitation based on current citizen needs and expectations, rather than adhering to a limitation imposed by the State. If the City was to operate under the original state-imposed limitation rather than under an adjusted base limit, significant reductions in City programs would be required. These cuts would not necessarily lead to tax reductions though, as the law only limits the expenditures a City can make. It has no impact on the methods a City uses to collect revenues. Arizona cities that have adopted the Expenditure Limitation Base Adjustment within the past five years include Tempe, Scottsdale, Carefree, Gilbert, Page, Thatcher and Wellton. The recommendation was to conduct a public hearing and receive public comment on the Expenditure Limitation Base Adjustment. Mayor Scruggs opened the public hearing on Agenda Item No. 12. Mr. Leonard Clark, residing in the City of Glendale Barrel District, stated that he approved of this item, but he expressed concern about the types of growth this limitation base adjustment was planning for. He noted that there will be no tax as a direct result of this, but questioned whether there will be any tax as an indirect result. Ms. Becky Jordan, residing in the City of Glendale Barrel District, noted that she was a co-chair of the Alternative Expenditure Limitation (AEL) Committee that met two years ago to get the AEL issue approved. She stated that, when they came out of that meeting, they recommended that they go to this permanent base adjustment. She noted that their major concern was that, while it has always been nice that the voters have approved the AEL every four years, if it should fail, it would cut the present budget 12 for the City of Glendale by $85 million. She stated it is the kind of thing that could pass without the voters understanding its consequences and she questioned whether the citizens are ready to give up the level of services they are accustomed to. She noted that Tucson and Gilbert have also done this. She stated that the AEL Committee recommended it. Mr. Bob Beck, residing in the City of Glendale Cholla District, stated that this is the most complicated piece of legislation ever written. He said that it is not about taxing, but rather it is about spending money that the City is already allowed to spend. He stated that if they do not pass this, they will not have the Commission on Neighborhoods, an ancillary service provided by the City of Glendale. He noted that they have gone to the voters five times to state that it needs to be extended and it has passed all five times. He stated that people will vote to continue the level of service currently offered, even if they do not understand this issue. Mayor Scruggs closed the public hearing. No action was required on Agenda Item No. 12. BOARDS AND COMMISSIONS 13. BOARDS AND COMMISSIONS Appointment is be made to the following Commissions that have vacancies or expired terms. Effective Term Date Expires Board of Adjustment Gayle Lauretta (Yucca) Appointment 02/11/2000 06/30/2001 Building Safety Advisory & Appeals Board Michael Torres (At-Large) Re-appointment 02/08/2000 08/26/2001 (Mayoral) Citizen's Adviso Commission on Nei.hborhoods Ken Sutton (Yucca) Appointment 02/11/2000 06/30/2001 Commission on Persons with Disabilities Stephanie Hayes (Mayoral) Re-appointment 02/27/2000 02/27/2002 13 Planning Commission J. Paul Dolan (Cholla) Re-appointment 03/25/2000 03/25/2002 Mary Wurbel (Mayoral) Re-appointment 03/25/2000 03/25/2002 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Samaniego, to appoint Gayle Lauretta (Yucca) to the Board of Adjustment; re-appoint Michael Torres (At-Large) (Mayoral) to the Building Safety Advisory & Appeals Board; appoint Ken Sutton (Yucca) to the Citizen's Advisory Commission Neighborhoods; re-appoint Stephanie Hayes (Mayoral) to the Commission on Persons with Disabilities; and re-appoint J. Paul Dolan (Cholla) and Mary Wurbel (Mayoral) to the Planning Commission, for the terms listed on the agenda. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Lieberman, to hold a City Council Workshop in Room B-3 of the City Council Building on Tuesday, February 15, 2000, at 1:30 p.m, to be followed by an Executive Session, pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS Mr. Leonard Clark, residing in the City of Glendale Barrel District, thanked the Councilmembers for their level of decorum and professional behavior. He also complimented the Police Department on the good job it has done. He suggested that, in order to move towards progress, the Council consider a Police Department citizen advisory board. He congratulated Councilmember Samaniego on the job he has done in the Yucca District and Mayor Scruggs on her idea of having a four-year college degree program at ASU (Arizona State University) West. He implored Cox Television to provide a forum, under the 1996 Telecommunications Law, for citizens to have their own type of cable program. He recognized Ms. Pamela Oliveira, the City Clerk, for her efforts on voter registration and suggested that they work harder in registering people to vote. He also addressed the issue of flying the American flag. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Samaniego stated that he was pleased to have had the opportunity to attend the Discovery Park dedication and thanked the staff for the fine job they did. He also thanked the Mayor and the Council for attending. 14 Councilmember McAllister mentioned the Chocolate Affaire being held this weekend. He stated that Ceretta Candy has been a grand addition to the City of Glendale and he thanked them for their participation. Vice Mayor Eggleston complimented the Glendale Chamber of Commerce and the City's Economic Development Director, Mr. Jim Colson, for hosting today's event at the Civic Center. He invited the residents of the Barrel District to attend the Barrel District meetings to be held on Wednesday, February 9, 2000 at 7:00 p.m. at Heritage School and Wednesday, March 22, 2000 at 7:00 p.m. at the Historic Sahuaro Park Fruit Packing House, where they will try again to explain the expenditure limitation base adjustment. Councilmember Lieberman noted that the State of the City address will be held on March 1, 2000 at 7:00 p.m. at the Glendale Civic Center. He stated that everyone is immensely proud of the new facility and urged everyone to attend the event. On the issue of sales tax on food items, he noted that those individuals who are on welfare and use food stamps do not pay tax. He stated that if a person spends $100 per week on food items, they are only going to pay $67.50 in taxes per year. He expressed his opinion that the sales tax on food items is not prohibitive. Councilmember Martinez noted that events will be taking place at the various City parks as part of the educational program on recycling. He stated that two meetings on the alternative expenditure limitation will be held. Mayor Scruggs expressed her hope that everyone would take the time to visit the City of Glendale's website and review the calendar for all of the activities that are occurring. She noted that General John Berry has been reassigned to the Pentagon in the Strategic Planning Area and he will be leaving Luke Air Force Base this coming Tuesday. She thanked General Berry for his past assistance and welcomed General Select Steve Sergeant. ADJOURNMENT There being no further business, the meeting was adjourned at 8:05 p.m. 410 Pame a •liveira - City Clerk 15