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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 6/25/2002 MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, JUNE 25, 2002, AT 7:00 P.M. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Thomas R. Eggleston and the following Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez. Also present were Ed Beasley, City Manager; Terry Zerkle, Assistant City Manager; Rick Flaaen, 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 seven resolutions and seven ordinances 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 THE JUNE 4, 2002 AND JUNE 11, 2002 _CIT Y COUNCIL MEETINGS It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the June 4, 2002 and June 11, 2002 City Council meetings, as each member of the Council had been provided copies in advance, and approve them as written. The motion carried unanimously. PROCLAMATIONS AND AWARDS PRESENTATION OF AWARD TO JIM COLSON FOR THE 2002 ECONOMIC DEVELOPER OF THE YEAR Glendale's Economic Development Director, Mr. Jim Colson, who played a key role in attracting the Phoenix Coyotes to a new arena in the City of Glendale, has been named the State's top economic developer. Mr. Colson received the 2002 Economic Developer of the Year Award from the Arizona Association of Economic Development (AAED) at the Association's annual conference which was held in Page, Arizona in April of 2002. The City of Glendale is being recognized for all of its economic development achievements. The Association recognized Mr. Colson for making significant contributions to the State's economic development efforts and for making a positive impact in the City of Glendale and the Northwest Valley region. 1 Last year, Glendale's Economic Development Department was responsible for completing the location or expansion of 20 companies that represented more than $70 million in capital investment in the City and over 1,000 new jobs. One of Mr. Colson's key accomplishments in 2001 was his significant contribution in bringing the National Hockey League (NHL) Coyotes to the City of Glendale. The Glendale/Coyotes' soon-to-be-constructed 17,500-seat arena -- which is scheduled to open in late 2003 -- will serve as the anchor for a 223-acre, mixed-use project near the Loop 101 and Glendale Avenue. When built out, the project will feature six million square feet of retail, entertainment, dining, office, hotel, and residential development. The Coyotes' project will not only serve as an impetus for future economic growth in the City of Glendale, but the mixed-use development will also be an economic engine and destination attraction for the entire western region of Maricopa County. Through his leadership within the Economic Development Department, Mr. Colson has managed to bring grand-scale projects, new jobs, and capital investment to the City of Glendale that required vision, creativity, complex negotiation, and management skills. He has also worked extremely hard in successfully elevating the status and perception of the City of Glendale among the development and business communities. Mr. Colson has been with the City of Glendale since 1999. He came to Glendale from the Greater Phoenix Economic Council (GPEC), where he was Senior Director of Corporate Locations. Prior to GPEC, Colson was the Senior National Marketing Representative with the Arizona Department of Commerce, where he was responsible for attracting new businesses to the State. Mr. John Bowers, Executive Director of the Arizona Association for Economic Development presented the 2002 Economic Developer of the Year award to Mr. Jim Colson. Mr. Colson stated that he was fortunate to work with people he truly respects and to do a job he loves. He thanked Mr. Ed Beasley, City Manager; Mayor Scruggs; and the Council for their leadership and support. He also recognized members of his team, He stated that the award is a reflection of all of their efforts. PROCLAMATION OF APPRECIATION FOR EVERETT AND ELAINE WARNER Everett and Elaine Warner have generously elected to donate the artist study for the art piece entitled "Glendale Pioneers, 1910". The art study was created for the purpose of perfecting the design for the final mahogany piece which now hangs in the main lobby of City Hall. The gift from the Warners is graciously accepted and will forever be treasured as a valued piece of Glendale's Public Arts Program. 2 Mayor Scruggs presented a proclamation of appreciation to Everett and Elaine Warner. Ms. Warner thanked the Mayor and Council for their hospitality. She said they felt that the pioneer study has finally come home. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Numbers 1 through 12 by number and title, and Ms. Pam Oliveira, City Clerk, read Agenda Item Numbers 13 through 18 by number and title. CONSENT RESOLUTIONS 1. AWARD OF PROPOSAL 01-30, LANDFILL SCALEHOUSE SOFTWARE Five proposals were received to provide a new software system that will improve customer service and operations efficiency at the Landfill. The system is certified by the Arizona Bureau of Weights and Measures and is capable of generating bills for outbound Material Recovery Facility (MRF) product sales, as well as accounting for landfill tonnage, wood waste tonnage, and resident self-haul tonnage. An evaluation panel, consisting of staff from the Landfill and Field Operations Administration, in conjunction with staff from the Information Technology Department, the Finance Department, and the Auditors Office, reviewed the offers using specific evaluation criteria. The criteria included project coordination detail, total price, training plan, support plan, and project timeline. The offer scored highest by the panel was submitted by Paradigm Software. The contract also contains a support plan for the maintenance of the system. This support plan includes maintenance of all hardware and software provided by the vendor, and is renewable annually at the existing cost, plus a mutually agreed upon price increase based on the Consumer Price Index. Funding is available in the Landfill and MRF Lease Purchase Interest Earnings Account Numbers 55-6235-07640 and 55-6273-07640. Fifty percent of the contract amount will be withheld from the vendor until installation is complete and all acceptance criteria, as stated in the contract, are met. The recommendation was to award the purchase for a new Landfill software system, to include a one-year maintenance agreement, to Paradigm Software in an amount not to exceed $54,880, taxes included. 2. AWARD OF PROPOSAL 02-02, IRRIGATION SERVICES The City of Glendale provides private property flood irrigation services to approximately 470 residents who reside in a specific geographic location. Irrigation services are provided on an as-needed basis, from the months of April through October. 3 A Request for Proposal (RFP) was issued to obtain a contractor to perform the irrigation services as it has been found to be more cost effective than using City personnel. Thirty-two commercial irrigators, supplied from a list provided by Salt River Project, were notified of the solicitation. In addition, the solicitation was advertised in the Glendale Star, KGLN Channel 11, and Bid Source. The proposal from Salt River Irrigation was the only response that was received. An evaluation committee, consisting of staff from the Utilities Department, evaluated the offer, using criteria, which included cost, capabilities, work plans, and references. The evaluation committee determined that the offer was responsive to the specifications. Salt River Irrigation has satisfactorily provided irrigation services to the City since 1989. The initial term of the contract shall be for a one-year period. The contract has an option clause that permits the City, at the discretion of the City Manager, to extend this agreement an additional four years, in one-year increments. Funding is available in the Utilities Operating Budget, Account Number 50-6222-7330. The recommendation was to award the contract for irrigation services to Salt River Irrigation in an amount not to exceed $89,320 per year. 3. AWARD OF PROPOSAL 02-07, CUSTODIAL SERVICE FOR MAIN AND FOOTHILLS LIBRARY Seven proposals were received to provide the City of Glendale with custodial services for the Main and Foothills Libraries. This is a re-bid of an existing contract which is about to expire. The custodial service will be provided beginning July 1, 2002 and will continue for one year. The proposal specifications contain an option clause that will permit the City, at the discretion of the City Manager, to extend this agreement for four additional years, in one-year increments. Funding is available in the Library's Operating Budget, Account Number 01-4510-7330. An evaluation committee, consisting of staff from the Library, reviewed the offers received. Specific evaluation factors included cost, action plan, references, and responsiveness and understanding of the contract. The offer scored highest by the committee was submitted by United Maintenance Company Inc. United Maintenance Inc. has been providing custodial services for the previous five years and staff is very satisfied with the level of service that they provide. The recommendation was to award the contract for custodial services for the Main and Foothills Libraries to United Maintenance Company Inc. in the amount $141,138.36, taxes included. 4 4. AWARD OF PROPOSAL 02-08, STREET SWEEPERS This was a request to purchase two new PM 10 (Particulate Matter less than 10 micron) certified vacuum street sweepers. The sweepers will be used by the Streets Division for street cleaning throughout the City and will be replacing two units that are six and eight years old respectively. • Two proposals were received by the City. An evaluation panel, consisting of staff from Equipment Management and the Streets Division, evaluated the proposals using specific evaluation criteria which included compliance with specifications, cost, warranty, ability to provide parts and service, and delivery. The offer scored highest by the panel was submitted by Tennant Sales and Service Company. The contract contains an option clause that permits the City, at the discretion of the City Manager, to purchase an additional two sweepers within one year of acceptance of the original order, and additional quantities at mutually agreed upon prices within two years of City Council approval of the original contract. The sweepers are new and have a full-factory warranty. Funding in the amount of $370,981.82 is available in the Vehicle Replacement Fund, Account Number 41-6255-8400, and the remaining $10,000 will come from the Fiscal Year 2002-03 Grants Administration Match Fund. The City has received confirmation that it will receive partial reimbursement grant funding from the Congestion Mitigation Air Quality (CMAQ) funds in the amount of $248,400. The recommendation was to award the purchase of two street sweepers to Tennant Sales and Service Company in the amount of $380,981.82, taxes included. 5. CHANGE ORDER NO. 1 AND FINAL — GREENWAY ROAD STREET IMPROVEMENTS, 67111 — 71sT AVENUES This was a request for City Council approval of Change Order No. 1 and Final to the contract with Haydon Building Corporation for the Greenway Road Street Improvements, 67th Avenue - 71st Avenue project, in the amount of $150,129.97. This change order is a result of extra work requested by the City of Glendale and the adjustment of final quantities upon final completion of the project. Prior to the Greenway Road Street Improvement project, the City had entered into a development agreement with Courtland Homes to pay them $114,836 to install approximately 300 feet of street improvements across the frontage of the City' s future park site at 71st Avenue and Greenway Road. During the preliminary design of the park site, it was found that modifications to the street would have to be made to convey the storm water from Granada Estates to the Arizona Canal and Diversion Channel (ACDC). Since the design of these modifications would have caused a delay to the developer installing these improvements, it was decided to construct this portion of the street improvements as a change order to the project and rescind the agreement. This additional work amounts to $123,331.04. These modifications included additional 5 paving, grading, curb and gutter, concrete valley gutter, and a catch basin with a 36" connector pipe. Also included in this change order is the cost of final adjustments to contract quantities and other bid items necessary to meet field conditions, in the amount of $26,798.93. The total amount of Change Order No. 1 and Final is $150,129.97, resulting in a revised contract amount of $1,167,361.20. Funds are available for this project in Greenway Road 67th — 75th Avenues Account Number 61-8812-8300. The recommendation was to approve Change Order No. 1 and Final to the contract with Haydon Building Corporation in the amount of $150,129.97. 6. AWARD OF CONSTRUCTION CONTRACT — GLENDALE STREETSCAPE IMPROVEMENTS This was a request for City Council award of a construction contract to Kilashee Contracting Corporation, in the amount of $438,814.60, for the installation of street landscape improvements at eight locations within the City in support of the City Council goal to improve the visual quality of the City's streets and urban environment. The specific locations for the street landscape improvements included in this project were identified as a Fiscal Year 2001-2002 Council goal as an enhancement to the City' Street Beautification Program or requested by individual Councilmembers and funded from district accounts. The following street rights-of-way will be landscaped in this project: 1. 63rd Avenue: Becker Lane to Desert Cove Avenue 2. Butler Drive: 47th Avenue to 51st Avenue (north and south sides) 3. 47th Avenue: Harmont Drive to Butler Drive (east and west sides) 4. Union Hills Drive median: 59th Avenue to 64th Avenue 5. 57th Avenue median: south of Utopia Road 6. 59th Avenue median: north of Utopia Road to north of Behrend Drive 7. 61St Avenue: Loma Lane to Royal Palm Road (east side) 8. 51St Avenue: Irma Lane to Potter Drive (west side) Six bids were received and opened on May 16, 2002. Kilashee Contracting Corporation submitted the lowest bid in the amount of $438,814.60. The Engineering Department reviewed the bids, and recommended award of the construction contract to Kilashee Contracting Corporation, a responsive and responsible bidder. The landscape 6 contractor will be responsible for maintenance of the landscape and irrigation improvements for 90 days after completion of the project, and all plant material installed by the contractor has a one-year guarantee period. Funds, in the amount of $409,677.60, are available in the Street Improvement Fund, Account Number 12-9621-8300. A transfer of funds from the following accounts needs to be made to complete the project: $15,000.00 from Barrel District, Capital Projects Account Number 01-1122-8400 and $14,137.00 from Sahuaro District, Capital Projects Account Number 01-1123-8400. The recommendation was to approve the transfer of funds and award the construction contract to Kilashee Contracting Corporation in the amount of $438,814.60. 7. AWARD OF CONSTRUCTION CONTRACT — WATER DISTRIBUTION RADIO TELEMETRY SYSTEM This was a request for City Council award of a construction contract to Alliance Service & Control Specialists, Inc., in the amount of $347,612, for the construction of the second phase of a radio telemetry system to monitor and control various water and wastewater facilities located throughout the City. The radio telemetry system provides the means for the City's Utilities Department to remotely monitor and control these facilities from a single location. This is a planned three-phase project to convert from leased telephone lines and field monitoring to radio telemetry. The first phase of this project, completed last fiscal year, developed the radio telemetry master plan and completed the installation of equipment at seventeen water and wastewater sites. These sites are operating very well and the Utilities Department would like to expand the system. The second phase will add radio telemetry equipment at seventeen additional water and wastewater sites this year. The third phase, scheduled for THE next fiscal year, will complete the system by installing radio telemetry equipment at remaining sites currently monitored in the field or by leased telephone lines. To complete the connection between the master radio and several effluent reuse water distribution sites, the installation of radio equipment at the Arrowhead Water Reclamation Facility (AWRF) was included as part of this project. This work was bid as an additional base bid in the bid schedule under the title "Arrowhead 900 MHZ Radio." One bid was received and opened at 10:00 a.m. on Thursday, May 23, 2002. Alliance Service & Control Specialists, Inc., a qualified and licensed contractor, submitted a bid in the amount of $347,612. The work required for this project is very specialized. Several plan holders were contacted in order to inquire why they decided not to submit a bid. The reasons varied from "the project was too far from their home office" to "not their type of work". Alliance Service and Control Specialists, Inc., performed the work required for the first phase of this project. Engineering Department 7 staff reviewed the bid and recommended award of the bid to Alliance Service & Control Specialists, Inc., a responsive and responsible bidder. Funds in the amount of $165,415 need to be transferred from Account Number 50-9236-8300, Arrowhead Sewer Lines, to Account Number 50-9011-8300, Cholla Telemetry. Funds are available in Cholla Telemetry Account Number 50-9011-8300, for Fiscal Years 2001-2002 and 2002-2003, to cover the remaining cost of this project. The recommendation was to approve the transfer of funds and award the construction contract to Alliance Control & Service Specialists, Inc. in the amount of $347,612. 8. ANALYTICAL SERVICES FOR THE PRETREATMENT PROGRAM This was a request for City Council approval to pay an additional $30,000 for analytical services performed by Precision Analytical Laboratories, Inc. Due to increased monthly monitoring and sampling, the total costs for the analytical services increased an additional $30,000 over the competitive bid of $50,000 from Precision Analytical Laboratories, Inc. The Environmental Protection Agency became concerned with the possibility of potential pollutants being discharged to the 91St Avenue Wastewater Treatment Facility from the surrounding Subregional Operating Group (SROG) cities. In order to help assess these concerns, increased monitoring and sampling were required to be completed by all SROG cities, which includes the City of Glendale's West Area Water Reclamation Facility and Arrowhead Water Reclamation Facility. Funds for this additional payment are available in the Utilities Operating Budget, Account Number 50- 6432-7520. Funds to cover this additional expense have been budgeted in the next fiscal year. The recommendation was to approve the payment of an additional $30,000 to Precision Analytical Laboratories, Inc. for analytical services performed, for a total not to exceed $80,000. 9. CONVERSION TO SUBMERSIBLE PUMP This was a request for funds to convert Well #23, located at 57th Avenue south of Peoria Avenue, from the present pump to a submersible pump. Well #23 belongs to Salt River Project (SRP) and is utilized by the City of Glendale as part of the water supply for peak demands and when SRP closes the Arizona Canal for annual maintenance. In the past, this well has experienced problems passing water quality tests due to pump-related problems, including the potential to leak oil. It is the goal of the Utilities Department to provide its customers a high-quality of water. In order to facilitate this goal, a submersible pump is needed. 8 SRP has agreed to convert the pump at Well #23 to a submersible pump. SRP and the City of Glendale have negotiated a base price of $114,320, but not to exceed $120,000, for the conversion to a Centrilift submersible pump. The amount being requested includes all the necessary equipment, estimated labor hour charges, and overhead charges. The City of Glendale will pay the actual cost once the conversion is successfully completed. Funding for his project is available in the Utilities Operating Budget, Account Number 50-6423-7330. The recommendation was to authorize an expenditure not to exceed $120,000 to Salt River Project for the conversion of the present pump at Glendale Well #23 to a Centrilift submersible pump. 10. CHANGE ORDER TO IFB 02-01, NEIGHBORHOOD SPEED HUMPS This was a request to amend the current contract with Swaine Asphalt for an additional 1,500 linear feet of asphalt speed humps. The Neighborhood Speed Hump Installation contract (IFB 02-01) was awarded to Swaine Asphalt in February of 2002, in the amount of $47,372.15. This contract was based on an estimated annual quantity of 2,500 linear feet. The initial term of this contract is one year, with the option of four additional years in one-year increments. In order to provide service in a timely manner, an approximate additional 1,500 linear feet of asphalt speed hump is required this contract year (February of 2002 to January of 2003). Funding is available in Account Numbers 12-6326-7520 and 25-6358-7330. The recommendation was to approve the change order for $27,627.85 for an additional 1,500 linear feet of asphalt speed hump from Swaine Asphalt. The new amount for the total contract is $75,000 per annum. 11. 2002-2003 PERFORMING ARTS GRANTS This was a request to approve the 2002-03 Performing Arts Grants. In January of 1996, the City Council approved the Performing Arts Granting Program to motivate, increase and support the performing arts in Glendale. Disciplines included in performing arts are music, theater, and dance. Individual grant awards cannot exceed $2,500 and are funded from the Municipal Arts Fund. Since the inception of this program, 44 Performing Arts Grants, totaling $101,605, have been authorized for funding. Now in its seventh year, thirteen grant applications, totaling $31,350, were submitted by the entry deadline of April 1 , 2002. At its May 8, 2002 meeting, the Arts Commission evaluated and scored the grant applications according to the criteria established in the grant program guidelines. The evaluation criteria includes the level of artistic quality; ability to serve the needs of the community, including affordability and access; the organization's ability to complete the project; and evidence that the program 9 would not be possible without the grant. The applications were then ranked from highest to lowest score as a guide for funding recommendations. At its May 8, 2002 meeting, the Arts Commission recommended funding ten grant applications for the full amount requested and one grant for a partial amount. Grants recommended for funding were: Sahuaro Ranch Foundation ($2,500), Glendale Public Library ($2,000), Showcase Concerts ($1,850), Vagabond Youth Theatre ($2,500), West Valley Fine Arts Council ($2,500), Peoria Unified School District ($2,500), Arizona Montessori Charter Schools ($2,500), Desert Valley Elementary School ($2,500), Foothills Elementary School ($2,500), and the Phoenix Boys Choir ($2,500). Partial funding was recommended to Horizon Elementary School for their proposed Theater Project ($1,150 in lieu of the requested $2,500). After recommending funding for the top ten grant applications, $1,150 was available for the eleventh ranked application, while remaining within the allotted budget. Not recommended for funding was Childsplay, Inc. and Horizon Elementary School's Writers Program. Childsplay, Inc. has a limited target audience and did not specify which schools would benefit from the project. Horizon Elementary School's Writers Program was not awarded a grant because their ranking fell below the $25,000 budget. The total amount recommended for funding is $25,000. This project will be funded by the Municipal Arts Fund, Account Number 70-9700-8800. The Municipal Arts Fund has a current balance of $817,310. The recommendation was to authorize the City Manager to execute the contracts and documents to complete the awards. 12. PROPOSAL TO PURCHASE A NEW CITYWIDE ASTRO 25 DIGITAL RADIO SYSTEM This was a request to purchase the Astro 25 Digital Radio System from Motorola Incorporated for $9,000,000. In 1987, the City of Glendale purchased a state of the art Motorola 800 MHz Trunked Radio System. The system design included a radio system for the police department, field operations, transit, and a number of other city departments. Currently our system, which is now 15 years old and based on slower analog technology, has over 1,000 mobile and portable radios on the system. Due to the age of the equipment, many of the key components of the system need to be replaced. The system is obsolete and can no longer be maintained. Only one major upgrade has occurred on the system since its purchase. In 1999, a Radio Committee was formed to assess the needs of the users, determine what new technology was available, and to review inter-operability issues for public safety. The goals identified by the committee were to: • Communicate directly with the Glendale Fire Department. • Communicate with other Valley police agencies. • Move to digital technology, which supports all City departments. 10 Direction was provided from the management team to look at finding a digital solution to meet the Police Department's radio needs. In the meantime, the cities of Phoenix and Mesa jointly went out competitively on a proposal for a radio system that would meet their cities' radio needs. Motorola was the successful bidder on their system, which is an Astro Digital Project 25 Radio System. Motorola has offered the Phoenix/Mesa pricing to the City of Glendale for this digital radio system. The Astro Digital Project 25 Radio System meets all the goals identified by the Radio Committee and provides a digital solution for our growing City needs. Both microwave and a second site will be added with this new system, providing for enhanced coverage. All current radios on the system, base stations, controller, and the backbone of the analog system will be replaced. This system will enhance emergency communications between Police and Fire personnel when responding to citizens' calls and other incidents. This system will also allow us to communicate with all other major Valley Police and Fire Departments. The cost of the system, as proposed, is $9 million upon contract execution and $1.8 million down payment by June 28, 2002. Funding sources include $2.8 million in Capital Improvement Plan (CIP) funds for Public Safety Digital Communications System improvements in Fiscal Year 2002-2003, $1.25 million Fiscal Year 2003-2004, and $1.3 million Fiscal Year 2004-2005. A schedule has been agreed to that allows the City to pay three $1.8 million dollar payments. Upon reaching Fiscal Year 2003-2004, the City would have to pay the remaining cash amount of $3.6 million, or finance the $3.6 million for a two-year term. This would require a payment of approximately $2 million each of Fiscal Year 2004-2005 and Fiscal Year 2005-2006. The recommendation was to authorize the City Manager to execute an agreement for the purchase of the Astro 25 Digital Radio System with Motorola Incorporated not to exceed the amount of $9,000,000. CONSENT RESOLUTIONS 13. ENVIRONMENTAL PROTECTION AGENCY (EPA) DRINKING WATER SECURITY PLANNING GRANT The City of Glendale has taken many positive steps to ensure that its drinking water facilities are safe and secure from intentional tampering. As a part of this proactive effort to safeguard the City's drinking water resources, the Utilities Department has applied for a $115,000 Environmental Protection Agency (EPA) Drinking Water Security Vulnerability Assessment Grant. This grant will be used to contract with a water facility safety consultant to perform an in-depth assessment of Glendale's current and future security needs, based on a state-of-the art vulnerability assessment model developed for the EPA by Sandia National Laboratories. No matching funds are required for this grant. 11 Working under the guidance and direction of the City's multidisciplinary Water Security Grant Guidance Group, the consultant will assist the Utilities Department in preparing a drinking water facilities vulnerability assessment report. The assessment will encompass all existing drinking water facilities, including treatment plants, reservoirs, and delivery systems; identify any remaining areas of concern and make remedial recommendations, including assignment of a priority level for implementation and probable cost estimates. The scope of work of the grant includes a requirement that the consultants provide vulnerability assessment workshops to train key City employees in several departments so that future assessments of existing and new facilities can be done entirely in-house. This team will participate in updating the Utilities Department drinking water emergency operating plan, help evaluate and implement recommendations arising from the initial assessment, and perform vulnerability assessments for new drinking water facilities as they come on-line. The recommendation was to waive reading beyond the title and adopt a resolution supporting the EPA Drinking Water Security Planning Grant application and authorizing acceptance and implementation of the grant in accordance with all applicable federal, state and local regulations, policies, and contractual guidelines. Resolution No. 3585 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, SUPPORTING THE GRANT APPLICATION AND ACCEPTING THE GRANT OFFER FROM THE ENVIRONMENTAL PROTECTION AGENCY (EPA) FOR DRINKING WATER SECURITY PLANNING. 14. GILA RIVER GENERAL STREAM ADJUDICATION LEGAL REPRESENTATION The cities of Glendale, Chandler, Mesa, and Scottsdale, through an intergovernmental agreement, jointly engaged outside counsel to represent their common interests in Gila River General Stream Adjudication, with specific emphasis on the issues currently on appeal before the Arizona Supreme Court. Those issues generally involve the extent to which groundwater will be subject to adjudication, the standards to be applied in determining federal reserved water rights (Indian claims) and how conflicting rights will be resolved. The cities, through a competitive proposal process, hired Bill Anger of the law firm of Ulrich & Anger, P.C. to provide the representation. The 11th year of that contract concluded on January 7, 2002. It is necessary to amend the contract to provide for a twelfth year. The cost of legal services for the twelfth year will not exceed $100,000. The cost of expert services for the twelfth year will not exceed $30,000. These costs will be shared by the cities based on 1995 estimated census population. Glendale's share of legal services for the twelfth year will not exceed $21,349.10. Glendale's share of 12 expert services for the twelfth year will not exceed $6,405. Glendale's total share for the twelfth year will not exceed $27,754.10. Funds are budgeted in City Attorney Account Number 01-1510-7330. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of an Intergovernmental Agreement and Contract for Legal Services with the cities of Chandler, Mesa, and Scottsdale relating to the joint legal representation in the Gila River General Stream Adjudication. Resolution No. 3586 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 AND CONTRACT FOR LEGAL SERVICES WITH THE CITIES OF CHANDLER, MESA AND SCOTTSDALE RELATING TO JOINT LEGAL REPRESENTATION IN THE GILA RIVER GENERAL STREAM ADJUDICATION. 15. CALL FOR NOVEMBER 5, 2002 SPECIAL ELECTION The City Council approved Glendale 2025: The General Plan for the City of Glendale on May 28, 2002. State law (A.R.S. §9-461.06) requires that a general plan adopted pursuant to State Statute must be submitted to the qualified electors of the City for ratification at the next available election. In accordance with State law, the purpose of this resolution is for the City Council to call for a Special Election to be held in and for the City of Glendale on November 5, 2002 to submit to the qualified electors thereof Proposition No. 403 ratifying Glendale 2025: The General Plan for the City of Glendale. Once the call for the election resolution is adopted and the Special Election date is set, either the City Council or the Citizens of the City of Glendale may subsequently place initiative items on the ballot for that date. The recommendation was to waive reading beyond the title and adopt a resolution ordering and calling for a Special Election to be held in and for the City of Glendale on November 5, 2002 to submit for ratification to the qualified electors Glendale 2025: The General Plan for the City of Glendale. Resolution No. 3587 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ORDERING AND CALLING A SPECIAL ELECTION TO BE HELD IN AND FOR THE CITY OF GLENDALE ON NOVEMBER 5, 2002 TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF PROPOSITION NO. 403, RATIFYING GLENDALE 2025: THE GENERAL PLAN FOR THE CITY OF GLENDALE. 13 16. RACKETEERING INFLUENCED CORRUPT ORGANIZATION (RICO) — FEDERAL EQUITABLE SHARING AGREEMENT With new changes in equitable sharing of federally forfeited property for local law enforcement agencies, it has become necessary for the Glendale Police Department to enter into a Federal Equitable Sharing Agreement with the Department of Justice and the Department of Treasury. The Police Department currently receives federal equitable shares of funds and follows the guidelines in place in regards to accounting procedures and use of seized funds. In order to continue receiving shared funds, an agreement is necessary for the Police Department to continue receiving federal RICO funds from its association with the Drug Enforcement Agency Task Force. This agreement, along with reporting requirements, was established to protect the Department of Justice's equitable sharing program against potential fraud, waste, and abuse. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into a Federal Equitable Sharing Agreement with the Department of Treasury and the Department of Justice. Resolution No. 3588 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 FEDERAL EQUITABLE SHARING AGREEMENT WITH BOTH THE DEPARTMENT OF JUSTICE AND THE DEPARTMENT OF THE TREASURY CONCERNING SHARED ASSETS INVOLVING THE GLENDALE POLICE DEPARTMENT. 17. ACCEPTANCE OF VICTIMS'RIGHTS PROGRAM (VRP) GRANT FOR IMPLEMENTING VICTIMS' RIGHTS LAWS This was a request to accept a grant from the Arizona Office of the Attorney General for the purpose of obtaining funds to continue the Police Department's existing victims' rights support program. This is the tenth consecutive year that the City of Glendale has received the grant. The Arizona Office of the Attorney General has made grant funds available to programs designed to address victims' rights in Fiscal Year 2002-2003. The Glendale Police Department has been awarded $71,700 and the Glendale City Prosecutor's Office has been awarded $5,200 in order to accomplish the mandates of A.R.S. Title 13, Chapter 40, Crime Victims' Rights and A.R.S. Title 8, Chapter 3, Article 7, Victims' Rights for Juvenile Offenses. These grant funds will be utilized to offset costs associated with the performance of duties that are mandated under victims' rights laws. Services provided to victims include direct victim assistance by a Victim Assistance Caseworker working in cooperation with the Glendale City Court and Prosecutor's Office, the publication and distribution of victims' rights brochures and informational materials, and the maintenance of systems necessary for the timely notification of 14 victims regarding the status of their cases and the status of arrested suspects moving through the City's criminal justice system. These grants are slightly less than the awards for Fiscal Year 2001-2002. The legislation mandating victims' rights services remain in force and the needs of victims in the community have not diminished. The Glendale Police Department and the City Prosecutor's Office continue to place the highest priority on insuring all victims the rights to which they are entitled. There are no match or additional costs to the City of Glendale associated with accepting this funding. This funding cannot be used to supplant other governmental funds that would otherwise be available to provide services to victims. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to submit and accept a grant from the Arizona Office of the Attorney General for the purpose of obtaining funds to continue our existing victims' rights support. Resolution No. 3589 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ACCEPTING THE GRANT OFFERS AND AUTHORIZING THE SUBMISSION AND EXECUTION OF ANY AND ALL NECESSARY DOCUMENTS TO THE ARIZONA OFFICE OF THE ATTORNEY GENERAL FOR PARTIAL REIMBURSEMENT OF THE COSTS OF IMPLEMENTING AND MAINTAINING THE MANDATED VICTIMS' RIGHTS. 18. INTERGOVERNMENTAL AGREEMENT FOR GOVERNMENTAL TRAINING SERVICES In 1980, several Arizona cities entered into Small Arizona Municipalities Program to Assist City Training (SAMPACT) for the purpose of creating the Arizona Governmental Training Service Agency (the "Agency") to provide training specifically designed for public agencies and their employees (the "Business"). The financial affairs of the Agency are administered by a trustee pursuant to the SAMPACT (AGTS) Trust dated May 19, 1982. The City of Tempe is the current trustee for the Agency. The Business is operating on a self-sufficient basis and the cities of Chandler, Glendale, Mesa, Scottsdale, Tempe, and Yuma (the "Cities") believe that it is now appropriate and in their mutual best interests to terminate the SAMPACT Agreements and the Trust. Management level employees of the Agency have formed AGTS as an Arizona nonprofit corporation to acquire the assets and assume the liabilities of the Business in order to continue to provide training services to governmental agencies and also to private businesses. The Cities and the Agency wish to transfer the assets of the Business to AGTS and have AGTS assume the liabilities from the operation of the Business under the terms and conditions set forth in this 15 Agreement. In return, Cities will receive discounts on future training. There was no initial investment by the Cities in 1980. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of an intergovernmental agreement with the cities of Chandler, Mesa, Scottsdale, Tempe, and Yuma for the provision of governmental training services. Resolution No. 3590 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 CITIES OF CHANDLER, MESA, SCOTTSDALE, TEMPE AND YUMA FOR THE PROVISION OF GOVERNMENTAL TRAINING SERVICES. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, asked if apartment dwellers could show proof of residency to utilize the landfill without a fee or if the landlord was responsible for the removal of all trash. He thanked the Council for the improvements at 61st Avenue. He said he did not agree with Agenda Item No. 8. He explained that this was the second time he had seen a company request additional funds from the City, claiming their expenses had increased. He stated that Agenda Item No. 11, the performing arts grant program, was great. He said he liked the Environmental Protection Agency (EPA) security, especially in these uncertain times. He said he approved of the Gila River adjudication. He noted that he liked the idea of working with the Drug Enforcement Administration (DEA) to ensure that the City is in compliance with federal regulations. It was moved by Lieberman, and seconded by Frate, to approve the recommended actions on Consent Agenda Item Nos. 1 through 18, including the approval and adoption of Resolution No. 3585 New Series, Resolution No. 3586 New Series, Resolution No. 3587 New Series, Resolution No. 3588 New Series, Resolution No. 3589 New Series, and Resolution No. 3590 New Series. The motion carried unanimously. PUBLIC HEARING — SPECIAL EVENT LIQUOR LICENSES 19. SPECIAL EVENT LIQUOR LICENSE FOR VOLUNTEER INTERGROUP INCORPORATED — OCTOBER 10, 2002 This was a request for a special event liquor license for Volunteer Intergroup Incorporated. The event is an Oktoberfest celebration, which will be located at the Glendale Adult Center, 7121 North 57th Avenue. The Volunteer Intergroup Incorporated raises funds for the Adult Center. The event will be held from 4:00 p.m. to 8:00 p.m. on Thursday, October 10, 2002. If this license is approved, the total days expended by this applicant will be 1 of the allowed 10 days this year. 16 Under the provisions of Arizona Revised Statutes, Section 4-203.02, the State of Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Department of Liquor Licenses and Control, with the recommendation for approval. 20. SPECIAL EVENT LIQUOR LICENSE FOR GLENDALE SISTER CITIES PROGRAM, INC. SEPTEMBER 131H _ 14111, 2002 This was a request for a special event liquor license for Glendale Sister Cities Program, Inc. The event is Fiesta Glendale, which will be located in downtown Glendale between 58th Avenue and 59th Avenue and between Glendale Avenue and Glenn Drive. The event is sponsored by the City of Glendale. No liquor will be sold in Murphy Park. The event will be held from 1:00 p.m. to 11:00 p.m. on Friday, September 13, 2002 and from 1:00 p.m. to 11:00 p.m. on Saturday, September 14, 2002. If this license is approved, the total days expended by this applicant will be 2 of the allowed 10 days this year. Under the provisions of Arizona Revised Statutes, Section 4-203.02, the State of Arizona Department of Liquor Licenses and Control may issue a special event liquor license only if the City Council recommends approval of such license. The recommendation was to conduct a public hearing and forward the application to the State of Department of Liquor Licenses and Control, with the recommendation for approval. Mayor Scruggs opened the public hearing on Agenda Item Nos. 19 and 20. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, voiced his support of the license for the Sister Cities event. He suggested that the Sister Cities program be expanded to include other countries. Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Clark, to forward special event liquor licenses for Volunteer Intergroup Incorporated for an Oktoberfest celebration to be held at the Glendale Adult Center, 7121 North 57th Avenue, on October 20, 2002; and Glendale Sister Cities, Program, Inc. for a Fiesta Glendale event to be located in downtown Glendale, between 58th and 59th Avenue and between Glendale Avenue and Glenn Drive, on September 13 and 14, 2002. The motion carried unanimously. 17 PUBLIC HEARING — LIQUOR LICENSES 21. LIQUOR LICENSE NO. 3-825 LA RUBIA Y LA MORENA This was a request for a person transfer of a series 7 (on- & off-sale retail, beer & wine) license for La Rubia y La Morena, which is located at 6723 West Bethany Home Road. The previous owner operated this business as the Potro Salvaje and held a series 7 (on- & off-sale retail, beer & wine) license at this location. The applicant is currently operating this establishment pursuant to an interim permit issued by the Arizona Department of Liquor Licenses and Control. The approval of this license will not increase the total 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 Planning Department, the Police Department, and the 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. 22. LIQUOR LICENSE NO. 3-826 QUICK STOP This was a request for a series 10 (off-sale retail, beer & wine) license for Quick Stop, which is located at 7938 North 59th Avenue. The previous owner operated this business as Circle K and held a series 9 (off-sale retail, all liquor) license at this location. Circle K is currently in the process of trying to transfer its series 9 out of the City. The approval of this license will increase the number of liquor licenses in this area by one until such time Circle K has completed its location transfer. However, it will not increase the number of locations in the area with active liquor licenses. The establishment is over 300 feet from any school or church. No protests were filed during the 20-day posting period. The Planning Department, the Police Department and the 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. 21 and 22. 18 Mr. Leonard Clark, a resident of the City of Glendale Barrel District, stated that the Quik Stop store located at 59th and Northern Avenues is very clean and the business owner appears to be very conscientious. Mayor Scruggs closed the public hearing. It was moved by Lieberman, and seconded by Martinez, to forward Liquor License Applications No. 3-825 for La Rubia y La Morena, and No. 3-826 for Quick Stop to the State of Arizona Department of Liquor Licenses and Control, with the recommendation for approval. The motion carried unanimously. ORDINANCES 23. ANNEXATION ORDINANCE ADOPTION LOCATED ON THE SOUTH SIDE OF NORTHERN AVENUE WEST OF 91ST AVENUE Mr. Kate Langford, Senior Planner, presented this request to annex approximately 11 acres of land which is located on the south side of Northern Avenue, west of 91st Avenue (Annexation Area No. 139). The annexation process was initiated at the request of the property owner. The blank annexation petition was prepared and recorded on April 2, 2002. A public hearing on the proposed annexation, as required by Arizona Revised Statutes §9-471, was conducted by the City Council on April 23, 2002. There was no public comment on the proposed annexation. Annexation petitions have been circulated and the City has received a sufficient number of signatures to meet the statutory requirements for annexation. Property owners of at least one half of the value of the real and personal property, and more than one half of all property owners in the proposed annexation area have signed the annexation petition. The signatures have been reviewed for accuracy and sufficiency, per statutory requirements. The original signed petition has been filed with the Maricopa County Recorder's Office. The recommendation was to waive reading beyond the title and adopt an ordinance increasing the Glendale City Limits, as defined in the annexation petition for Annexation Area No. 139. Ordinance No. 2261 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GLENDALE, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, SECTION 9-471, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERTO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF GLENDALE TO BE KNOWN AS ANNEXATION AREA NO. 139. 19 It was moved by Frate, and seconded by Martinez, to approve Ordinance No. 2261 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 24. ANNEXATION ORDINANCE ADOPTION FOR LOCATED AT THE NORTHWEST CORNER OF 91ST AVENUE AND GLENDALE AVENUE Ms. Kate Langford, Senior Planner, presented this request to annex approximately 160 acres of land located at the northwest corner of 91st Avenue and Glendale Avenue (Annexation Area No. 140). The annexation process was initiated at the request of the property owner. The blank annexation petition was prepared and recorded on March 27, 2002. A public hearing on the proposed annexation, as required by Arizona Revised Statutes §9-471 , was conducted by the City Council on April 23, 2002. There was no public comment on the proposed annexation. Annexation petitions have been circulated and the City has received a sufficient number of signatures to meet the statutory requirements for annexation. Property owners of at least one half of the value of the real and personal property, and more than one half of all property owners in the proposed annexation area have signed the annexation petition. The signatures have been reviewed for accuracy and sufficiency, per statutory requirements. The original signed petition has been filed with the Maricopa County Recorder's Office. The recommendation was to waive reading beyond the title and adopt an ordinance increasing the Glendale City Limits, as defined in the annexation petition for Annexation Area No. 140. Ordinance No. 2262 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GLENDALE, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, SECTION 9-471, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERTO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF GLENDALE TO BE KNOWN AS ANNEXATION AREA NO. 140. It was moved by Martinez, and seconded by Frate, to approve Ordinance No. 2262 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 20 25. ANNEXATION ORDINANCE ADOPTION LOCATED AT THE SOUTHEAST CORNER OF 91ST AVENUE AND THE ORANGEWOOD AVENUE ALIGNMENT Ms. Kate Langford, Senior Planner, presented this request to annex approximately 20 acres of land located at the southeast corner of 91St Avenue and the Orangewood Avenue Alignment (Annexation Area No. 141). The annexation process was initiated at the request of the property owner. The blank annexation petition was prepared and recorded on March 27, 2002. A public hearing on the proposed annexation, as required by Arizona Revised Statutes §9-471, was conducted by the City Council on April 23, 2002. There was no public comment on the proposed annexation. Annexation petitions have been circulated and the City has received a sufficient number of signatures to meet the statutory requirements for annexation. Property owners of at least one half of the value of the real and personal property, and more than one half of all property owners in the proposed annexation area have signed the annexation petition. The signatures have been reviewed for accuracy and sufficiency, per statutory requirements. The original signed petition has been filed with the Maricopa County Recorder's Office. The recommendation was to waive reading beyond the title and adopt an ordinance increasing the Glendale City Limits, as defined in the annexation petition for Annexation Area No. 141. Ordinance No. 2263 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, EXTENDING AND INCREASING THE CORPORATE LIMITS OF THE CITY OF GLENDALE, MARICOPA COUNTY, STATE OF ARIZONA, PURSUANT TO THE PROVISIONS OF TITLE 9, CHAPTER 4, SECTION 9-471, ARIZONA REVISED STATUTES AND AMENDMENTS THERETO, BY ANNEXING THERTO CERTAIN TERRITORY CONTIGUOUS TO THE EXISTING CITY LIMITS OF THE CITY OF GLENDALE TO BE KNOWN AS ANNEXATION AREA NO. 141. It was moved by Lieberman, and seconded by Clark, to approve Ordinance No. 2263 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 26. OFFICIAL SUPPLEMENTARY ZONING MAP ZMA-8 Ms. Tabitha Perry, Associate Planner, presented this request to update the City's "Official Zoning Map". The "Official Zoning Map of the City of Glendale" is part of the Zoning Ordinance and identifies zoning district boundaries for all property within the City. The zoning information depicted on the map can only be changed by the City Council through the adoption of an ordinance. 21 Staff keeps the map up-to-date to reflect the Council's approval of zoning applications. These map changes are then periodically brought to City Council for a formal map amendment. The City Council approved various zoning applications on individual properties between May of 1995 and June of 2000. In this timeframe, 9 of these applications have satisfied the zoning stipulations. Official Supplemental Zoning Map ZMA-8 will formally amend the zoning map to reflect these changes on these 9 properties. This will not affect the Council's previous action on these applications. The recommendation was to waive reading beyond the title and adopt an ordinance approving Official Supplementary Zoning Map ZMA-8. Ordinance No. 2264 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AMENDING APPENDIX A (ZONING ORDINANCE) OF THE CITY CODE OF THE CITY OF GLENDALE BY ADOPTING OFFICIAL SUPPLEMENTARY ZONING MAP ZMA-8 WHICH AMENDS THE ZONING ON SPECIFIC PROPERTIES; AND ESTABLISHING AN EFFECTIVE DATE. It was moved by Goulet, and seconded by Frate, to approve Ordinance No. 2264 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 27. DEEDS AND EASEMENTS ORDINANCE Mr. Rick Flaaen, City Attorney, 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. In the past, 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, a resident of the City of Glendale Barrel District, stated that he strongly approved of this ordinance and was hopeful someone would donate a park site in his area. 22 Ordinance No. 2265 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 Clark, and seconded by Frate, to approve Ordinance No. 2265 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 28. ARIZONA MUNICIPAL FINANCING PROGRAM AUTHORIZATION Mr. Art Lynch, Finance Director, presented this request to consider the authorization of the issuance of Glendale municipal property corporation (MPC) obligations secured through a ground lease with the City. At its June 11 meeting, the Glendale City Council adopted a resolution authorizing participation in the Arizona Municipal Financing Program (AMFP). That program was formed in July of 1986 to provide pooled financing for capital expenditures by cities and other public agencies, in order to reduce associated financing and transaction costs. The opportunity exists for the City to participate in the AMFP to obtain $5,055,000, which may be used to finance multipurpose arena complex construction. Under the AMFP pool, the City's MPC may issue excise tax bonds at tax exempt rates, thus lowering overall borrowing costs for the City. The MPC Board of Directors adopted a resolution authorizing a loan agreement with AMFP at their June 7, 2002 public meeting. Based on Council and MPC resolutions, documents were drafted to authorize the issuance of MPC obligations secured through a ground lease with the City. In addition, documents were prepared that provide for excise tax revenues to be pledged by the City, to provide the MPC with funding to repay the obligations. Request for consideration and approval of those documents was requested at this meeting. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing execution of AMFP agreements, and declaring an emergency. ORDINANCE No. 2266 NEW SERIES WAS READ BY NUMBER AND TITLE, IT BEING AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, (1) AUTHORIZING THE EXECUTION AND DELIVERY OF A FIRST SUPPLEMENT TO THE SERIES 1999 LEASE AGREEMENT WITH THE CITY OF GLENDALE MUNICIPAL PROPERTY CORPORATION RELATING TO THE FINANCING OF A MULTIPURPOSE ARENA COMPLEX AND A SERIES 2002 GROUND LEASE WITH THE CITY OF GLENDALE MUNICIPAL PROPERTY CORPORATION; (2) PLEDGING CERTAIN EXCISE TAXES AND RECEIPTS IMPOSED OR RECEIVED BY THE CITY; (3) APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE 23 UNDERTAKING WITH RESPECT TO THE HEREINAFTER MENTIONED REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 14; (4) APPROVING SUPPLEMENTAL INDENTURES NUMBERS THIRTEEN AND FOURTEEN, EACH BETWEEN RAUSCHER PIERCE REFSNES LEASING, INC. AND BANK ONE TRUST COMPANY, N.A., AS TRUSTEE, WHICH AUTHORIZE THE ISSUANCE OF, RESPECTIVELY, NOT TO EXCEED $2,540,000 PRINCIPAL AMOUNT OF REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 13 (CITY OF GLENDALE, ARIZONA) AND SEPARATELY NOT TO EXCEED $5,055,000 PRINCIPAL AMOUNT OF REFUNDING CERTIFICATES OF PARTICIPATION, SERIES 14 (CITY OF GLENDALE, ARIZONA) EVIDENCING INTERESTS OF HOLDERS OF THE SEPARATE TRUST ESTATES THEREFOR AND IN CERTAIN PROGRAM PAYMENTS TO BE MADE BY THE CITY OF GOODYEAR, ARIZONA, PURSUANT TO THE FIRST AMENDMENT TO THE PROGRAM LEASE AGREEMENT, AS ASSIGNED TO THE TRUSTEE RELATING TO THE ARIZONA MUNICIPAL FINANCING PROGRAM OF 1992 ESTABLISHED UNDER AN INTERGOVERNMENTAL AGREEMENT AMONG CERTAIN COOPERATING ARIZONA PUBLIC AGENCIES AND THE PORTIONS OF AN OFFICIAL STATEMENT WITH RESPECT TO SUCH SERIES 14 CERTIFICATES DESCRIBING THE CITY AND THE DISTRIBUTION AND USE THEREOF; (5) APPROVING THE FORM OF AND REQUESTING THE EXECUTION AND DELIVERY BY CITY OF GLENDALE MUNICIPAL PROPERTY CORPORATION OF A SERIES 2002 SUPPLEMENTAL TRUST INDENTURE AND SERIES 2002A BONDS AND SERIES 2002B BONDS, SUCH GROUND LEASE, SUCH FIRST SUPPLEMENT TO LEASE AGREEMENT AND A PURCHASE AGREEMENT WITH RESPECT TO SUCH SERIES 14 CERTIFICATES WITH RBC DAIN RAUSCHER INC.; (6) DELEGATING TO THE CHIEF FINANCIAL OFFICER OF THE CITY THE AUTHORITY TO DESIGNATE THE FINAL PRINCIPAL AMOUNT, MATURITIES, INTEREST RATES AND OTHER MATTERS WITH RESPECT TO SUCH SERIES 2002A BONDS, SERIES 2002B BONDS, SERIES 13 CERTIFICATES AND SERIES 14 CERTIFICATES; (7) APPROVING THE ISSUANCE OF THE SERIES 13 CERTIFICATES AND SERIES 14 CERTIFICATES UNDER SECTION 147(F)(2)(E) OF THE INTERNAL REVENUE CODE OF 1086, AS AMENDED; (8) AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE AND (9) DECLARING AN EMERGENCY Mr. Lynch noted a clarification in the title of the amended ordinance which should read "(5) approving the form of and requesting the execution and delivery by City of Glendale Property (word "Facilities" was changed to "Property") Corporation, etc. He also clarified an amendment to Section 3 of the ordinance to add the words "with such exceptions as set forth in the 2002 Agreement" after 1999 Bonds in the first sentence. It was moved by Frate, and seconded by Goulet, to approve Ordinance No. 2266 New Series as amended. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. ' 24 29. EASEMENT FOR SALT RIVER PROJECT WELL SITE Mr. Chris Ochs, Acting Utilities Director, presented this item. Salt River Project (SRP) has requested an easement adjacent to their well site at 57th Avenue and Cannon Drive. This easement consists of approximately 2,896 square feet and will provide better access to their well site for maintenance and repair services. The easement contains a reversionary clause, stating that once SRP has either closed the well site or has discontinued use of this well, this easement will automatically revert to the City. The recommendation was to waive reading beyond the title and adopt an ordinance authorizing the City Manager to execute an easement for Salt River Project. Ordinance No. 2267 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 AN EASEMENT IN FAVOR OF SALT RIVER PROJECT TO ALLOW BETTER ACCESS TO THEIR WELL SITE LOCATED EAST OF 57TH AVENUE AND SOUTH OF PEORIA AVENUE; AND ORDERING THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED. It was moved by Clark, and seconded by Martinez, to approve Ordinance No. 2267 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. PUBLIC HEARING — RESOLUTION 30. FINAL REVIEW AND ACCEPTANCE OF THE FISCAL YEAR 20. 02-2003 BUDGET Mr. Charlie McClendon, Management and Budget Director, presented this item. This is the final adoption of the Fiscal Year 2002-03 budget. After four special Budget Workshops held in April, the City Council completed its review of the proposed Fiscal Year 2002-2003 budget. The Workshops provided the Council with the opportunity to closely analyze and evaluate all aspects of the budget. This year's budget process marks Mr. Ed Beasley's first as Glendale's City Manager and undeniably ranks as the most complex since his arrival here eight years ago. When the process began late last year, the City found itself faced with a host of uncertainties, most notably the slowing economy in the wake of 9-11 and a decrease in state-shared sales tax revenue. Additionally, an initiative to repeal Glendale's sales tax on grocery items and a legislative proposal to further reduce state-shared revenue 25 threatened the City's seemingly secure revenue base. All of these issues became moving obstacles throughout the six-month process. With these challenges as the impetus, Mr. Beasley and his Leadership Team began developing a new business plan strategy, with a new focus on the "big picture." The first step in implementing this ongoing plan includes a comprehensive examination of the City's existing business practices and identification of areas where employees can improve operations while continuing to provide its citizens the best services possible. Even before the budget process started, the City knew this would be a tough year. In an effort to meet Fiscal Year 2002-03 budget obligations, staff began searching for ongoing funds to support them. Budget staff analyzed carryover savings history over the past five-year period and identified departments with a history of significant savings every year. As a result, the Leadership Team authorized staff to transfer $1.2 million in allocations from those departments' base budgets to cover essential Fiscal Year 2002- 03 needs, including the salary package. Once staff surmounted the initial roadblocks, it soon became apparent that the City's budget would not support any significant additions. In fact, it appeared the City might actually face reductions. To prepare for this possibility, Mr. Beasley asked each department head to identify programs or service areas that could be considered for elimination if the need arose. Staff understood the magnitude of the situation and made the difficult decisions necessary to prepare the budget. Mr. Bealey felt great pride in the teamwork and cooperation employees demonstrated during this complicated undertaking. Fortunately, staff was not forced to make those cuts. However, this new business practice proved beneficial in that the Leadership Team and City Council agreed that some of the items identified for reduction or elimination had actually run their course. After considerable discussion, the Mayor and City Council directed staff to eliminate ongoing funding to selected programs, returning $205,948 to the General Fund. Staff will soon be conducting these types of analyses regularly as part of the new business plan implementation. Each department will analyze their base budget allocations and identify areas where changes have occurred over the years. For example, if participation in a program has declined over time, why? If the demand no longer exists, can the funding for that program be better utilized somewhere else? Closely examining the way the City does business will provide employees with a fresh focus and ignite a renewed enthusiasm throughout the organization to consider innovative alternatives in providing services to our citizens. A key component in this drive toward renewed creativity includes studying the true cost of services the City provides and examining ways to recover those costs. Staff will be researching this issue over the next several months. The first service areas slated for analysis include parks and recreation programs, water and sewer, and solid waste management. 26 Considering the City's limitations in the Fiscal Year 2002-03 budget, no new General Fund programs were added and increases were limited to a few required cases. These include: • Animal Control Service Contract Increase — The cost of the City's contract with Maricopa County Animal Care and Control has increased by $160,000 this year. Staff reallocated $52,000 in ongoing base budget funds, resulting in approval of a $108,000 supplemental request. • Council Redistricting Process — A one-time appropriation of $94,500 was approved in the Intergovernmental Relations Department to complete the Council Redistricting process. • Prisoner Maintenance Increase — This budget was increased by $385,000 in order to keep up with increasing inmate costs at the Maricopa County jail. • Special Election for General Plan 2025 — The Council approved a $115,000 one-time increase to fund the State-mandated election on Glendale's General Plan update. This election is required as a result of Growing Smarter and Growing Smarter Plus legislation. In addition to the General Fund increases, revenue generated by the 0.5% transportation sales tax enacted by voters last year will fund $4,642,439 in supplemental requests in accordance with the approved Transportation Plan. This plan includes enhanced Dial-a-Ride and fixed-route bus service and incorporates a transportation education component that will play a key role in educating the City's current and future commuters. The development of the new Coyotes arena and surrounding mixed-use development at Glendale Avenue and theLoop 101 - a project considered one of the most exciting in Glendale's history - will significantly impact the workload of several departments in Fiscal year 2002-03. Consequently, a number of temporary positions have been added in Building Safety, Fire and the Finance Departments in order to keep this important economic development project on schedule. The costs of these positions will be recovered through permit and plan check fees generated by the project and related development. The Ellman Companies will also soon begin redevelopment of the former Manistee Town Center (coated at 59th and Northern Avenues. The new development - Northern Crossing - will reintroduce some much-needed retail and dining opportunities to the central area of the City. As can be seen, some exciting projects lie on the horizon. The anticipation surrounding them has awakened a fresh enthusiasm throughout Glendale, from its citizens to its employees. And this passion extends directly into what the City does best - creating an excellent quality of life for every Glendale citizen. 27 The recommendation was to conduct a public hearing and waive reading beyond the title and adopt a resolution accepting the budget for Fiscal Year 2002-2003. Councilmember Martinez referred to a newspaper article that listed the items deleted from the budget. He stated that he did not remember the Council reaching a consensus to delete the WorldPort event. Mr. McClendon explained that the $42,500 for WorldPort was moved into the Contingency Account, while a study was being done to determine the best way to reconstitute the event. He said when the City Council recommends, the money could be moved back into the Special Events budget. Mayor Scruggs opened the public hearing on Agenda Item No. 30. Mr. Leonard Clark, a resident of the City of Glendale Barrel District, congratulated the Council for all of their hard work on the budget. He said he was especially impressed by the fact that $205,948 was being returned to the General Fund. Mayor Scruggs closed the public hearing. Resolution No. 3591 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, ADOPTING THE ESTIMATES OF THE AMOUNTS REQUIRED FOR THE PUBLIC EXPENSE FOR THE CITY OF GLENDALE FOR THE FISCAL YEAR 2002-2003; ADOPTING A FINAL BUDGET; SETTING FORTH THE REVENUE, THE AMOUNT TO BE RAISED BY DIRECT PROPERTY TAXATION FOR THE VARIOUS PURPOSES; AND GIVING NOTICE OF THE TIME FOR HEARING TAXPAYERS FOR FIXING THE TAX LEVIES. It was moved by Goulet, and seconded by Clark, to pass, adopt and approve Resolution No. 3591 New Series. The motion carried unanimously. BOARDS AND COMMISSIONS 31. BOARDS AND COMMISSIONS Appointments are to be made to the following boards or commissions that have a vacancy or expired term. Effective Term Date Expires Arts Commission Daniels, Denise (Yucca) Re-appointment 08/23/2002 08/22/2004 Goeppinger, Kathleen (Mayoral) Re-appointment 08/23/2002 08/22/2004 (Cholla) 28 Board of Adjustment Iwanski, David C. (Cactus) Appointment 06/30/2002 06/29/2004 Beck, Tommie L. (Mayoral) Appointment 06/30/2002 06/29/2004 (Yucca) Marx, Carole Jean (Barrel) Appointment 06/30/2002 06/29/2004 Citizens Advisory Commission on Neighborhoods Lopez, Thomas R. (Cholla) Appointment 06/30/2002 06/29/2004 Hutchinson, Joe (Sahuaro) Appointment 06/30/2002 06/29/2004 Commission on Persons with Disabilities Weber, Marsha L. (Ocotillo) Appointment 06/25/2002 02/27/2004 The recommendation was to make appointments to the various Boards and Commissions. It was moved by Martinez, and seconded by Lieberman, to appoint the applicants listed above, for the terms listed above, to the Arts Commission, the Board of Adjustment, the Citizens Advisory Commission on Neighborhoods, and the Commission on Persons with Disabilities. The motion carried unanimously. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to hold a City Council Workshop at 1:30 p.m. on Tuesday, July 2, 2001 in Room B-3 of the City Council Chambers, to be followed by an executive session pursuant to A.R.S. 38-431.03; and to hold a Special City Council meeting at 7:00 p.m. on Tuesday, July 2, 2002 in the City Council Chambers. The motion carried unanimously. CITIZEN COMMENTS Mr. Leonard Clark, a resident of the City of Glendale Barrel District, thanked the Fire and Police Departments for going door-to-door to inform people of the drowning awareness program. He stressed the importance of getting CPR certified. He thanked the City's fire personnel and National Guard members who live in the City for helping fight the Rodeo/Chedeski fires. He expressed concern about the Crown Victoria vehicle controversy. He said every effort should be made to ensure the safety of Glendale's police officers. He suggested that the City require people, except those who are responsible breeders, to spay or neuter their animals. He said the City could then redirect the $165,000 paid to Maricopa County each year for animal control. He 29 thanked the Council for allowing him to speak and encouraged every citizen to exercise their right to do the same. Kathy Lewis, a business owner in the City of Glendale Barrel District, thanked the City of Glendale for sending firefighters to assist in battling the Rodeo/Chedeski fires. She said she owns a home in Heber, Arizona and appreciated their assistance. With regard to Northern Crossings, she said Glendale Citizens and Businesses for Responsible Development has consulted with citizens and a consultant specializing in shopping centers. She suggested the following stipulations: Major Operations - 24-hour operations are not to be tolerated. Operations are to be between 6:00 a.m. and 10:00 p.m. No deliveries between 10:00 p.m. and 6:00 a.m. Delivery zone in back building to be gated between 10:00 p.m. and 6:00 a.m. No overnight parking, including, but not restricted to, RV's (recreational vehicles), delivery trucks, refrigerated trucks, or any other vehicle not owned by tenants' employees (i.e. no idling waiting period prior to 6:00 a.m. or after 10:00 p.m.). No storage boxes of any kind in front or behind the tenants. No temporary storage structures or containers shall be permitted onsite. No Boxes, tents, manure, fertilizer sales, vehicle car sales or any vehicle needing registration. Christmas tree sales by permit only. Ms. Trish Edwards, a resident of the City of Glendale Barrel District, spoke with regard to Northern Crossings. She asked the City to conduct a study to determine what percentage of the parking area could be set aside for a Park-and-Ride lot. She suggested that the Park-and-Ride lot could be used for general transportation, the Luke Link, light-rail service, and special event shuttle service. She asked if the City could use some of the funds it receives from the Clean Air Act to establish the Park-and-Ride lot. She also suggested that the development include a police auxiliary office. She stated that police presence would help keep the area from returning to a high crime environment. She asked that an independent traffic study be done to determine future impacts that the development will have on surrounding neighborhoods and schools in the area. She suggested that the study include comparisons to other developments in similar neighborhoods. Ms. Debra Kist, a resident of the City of Glendale Barrel District, asked the Council to consider the following security and aesthetic stipulations: Security shall be maintained, both inside and outside of tenant buildings. High profile police auxiliary office is to be encouraged for neighborhood accessibility and an officer present. Sufficient lighting, as well as an eight-foot wall on the south side of the property. Security and safety should be the number-one priority when planning and developing the project. The façade of all buildings are to be kept in Old Town Glendale style. The character and charm of Old Town Glendale is to be emulated in the design of Northern Crossings, as well as using graffiti control material. The cleanliness of the shopping center and parking area are to be of the highest level. Sidewalks free of trash, gum, carts, and any other unsightly or potentially dangerous items. Plants are also to be maintained to allow for pedestrian and traffic safety. All lighting to be maintained. No gas station shall remain open without an employee present at all times. Property management companies are to be used as desired by tenants, but the ultimate 30 responsibility remains with the tenants and the owners. She said the citizens of Glendale want the development to add to the City, and not detract from it. She said they will hold the buyer accountable and responsible for the business, pad and parking areas. She suggested a $500 per violation fine be imposed, with all fines kept by the City in an interest-bearing account and used to correct ongoing problems not addressed by the tenant. Mr. Rick Tannehill, a resident of the City of Glendale Barrel District, thanked the City for sending manpower to assist with the fire near Showlow. He stated that big box stores have an average lifespan of 10 to 20 years. He suggested that the Council appoint a study group to consider ordinances with regard to the following: (1) Bonding of all big box and major tenants for redevelopment and retrofitting or return of the land to its original state; (2) Give notice six month's prior to the closing of a big box store to the City of Glendale and submit plans for future use and/or sale or lease; (3) The bond could be foreclosed by the City one year after non-compliance. The City could give the owner of the property a 90 day notice of foreclosure of bond; (4) Additional property tax be placed on a property 90 days after closing. Depending on the tax base, he suggested a minimum of a 1% or 2% increase in sales tax. This would be held in an interest-bearing sales account and the money would be solely for redeveloping, retrofitting, or returning the land to its original state. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark said everyone has been absorbed by the Rodeo/Chedeski fires. She thanked City employees for collecting donations and the Fire Department for sending firefighters and equipment. She said her prayers were with the firefighters, law enforcement personnel, emergency medical providers, and the citizens whose lives have been so tragically effected by the fire. Councilmember Goulet congratulated Mr. Jim Colson on his award. He commended those in other departments who worked with Mr. Colson on the remarkable and positive changes that the City will see over the next 18 to 60 months. Councilmember Lieberman thanked everyone for their kind words and the welcome back he had received. He also congratulated Mr. Colson. He stated that he was proud of the City's Fire Department. He noted that the fire is consuming the largest stand of Ponderosa Pine in the world. He said it will take 40 to 70 years to achieve the same level of growth that existed before the fire. He commended all those involved in fighting the fire and aiding the victims. Vice Mayor Eggleston noted that his daughter lives in the Pinetop/Showlow area and the status of her home was not yet known. He stated that the fire will adversely effect the ecology and severely impact Arizona's economy for years to come. 31 Councilmember Martinez congratulated Mr. Colson and his staff. He agreed that the fire near Showlow is a tragedy. He reminded residents in his district of the neighborhood meeting scheduled for the evening of June 26th at the Foothills Library. Councilmember Frate congratulated Mr. Colson on his award. He thanked the Glendale Fire Department for what they do everyday and, specifically, for their efforts in fighting the Rodeo/Chedeski fires. He said the landscaping improvements on 63"t Avenue, between Becker Lane and Desert Cove Avenue, will compliment the improvements done across the street. He reported that the sidewalk project along 67th Avenue, between Sweetwater Avenue and Thunderbird Road, was recently completed and is already being used. He said quality of life and property values will increase because of those improvements. He said the neighborhood improvement on 59th Avenue, between Sweetwater Avenue and Paseo Park, will provide a new wall and landscaping, improving the quality of life for residents in the area. He urged residents to watch children around water. Mayor Scruggs said the City was collecting items on behalf of the Salvation Army for residents who have been evacuated and displaced by the Rodeo/Chedeski fires. She noted that the Salvation Army, located at Northern and 61 St Avenues was one of the evacuation shelters. She asked people to call her office if they would like a list of needed items. She noted that the sixth City Safe open house would be held at 8:00 a.m. on Saturday, June 29 at Fire Station 154 located at 4439 West Peoria Avenue. ADJOURNMENT There being no further business, the meeting was adjourned at 8:30 p.m. Alli4000% -._ ??,.....,/ Pam-TIrii eira - City er 32