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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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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
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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.
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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.
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Pame a •liveira - City Clerk
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