HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 4/28/2009 .ep1
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MINUTES OF THE
GLENDALE CITY COUNCIL MEETING
Council Chambers
5850 West Glendale Avenue
April 28,2009
7:00 p.m.
The meeting was called to order by Mayor Elaine M. Scruggs, with the following
Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, Yvonne J. Knaack,
and H. Philip Lieberman.
Vice Mayor Manuel D. Martinez was absent.
Also present were Ed Beasley, City Manager; Pam Kavanaugh, Assistant City Manager;
Craig Tindall, City Attorney; and Pamela Hanna, City Clerk.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the 5 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 THE APRIL 7, 2009 AND APRIL 14, 2009, CITY
COUNCIL MEETING
It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of
the April 7, 2009 and April 14, 2009 Regular City Council meeting, as each member of the
Council had been provided copies in advance, and approve them as written. The motion carried
unanimously.
BOARDS, COMMISSIONS AND OTHER BODIES
This is a request for City Council to approve the recommended appointments to the following
boards, commissions and other bodies that have a vacancy or expired term and for the Mayor to
administer the Oaths of Office to those appointees in attendance.
Effective Expiration
Citizens Advisory Commission on Neighborhoods
Sharon Heatwole Ocotillo Appointment 04/28/2009 06/30/2011
Sharon Sprague - Vice Chair Sahuaro Appointment 04/28/2009 06/26/2010
Citizens Transportation Oversight Commission
Lawrence Kucera- Vice Chair Barrel Appointment 04/28/2009 03/26/2010
Library Advisory Board
Katy Bickerstaff Ocotillo Appointment 04/28/2009 04/13/2011
Planning Commission
Brad Hendrix Ocotillo Appointment 04/28/2009 03/25/2011
The recommendation is to make appointments to the boards, commissions and other bodies and
administer the Oaths of Office.
It was moved by Frate, and seconded by Knaack, to appoint Sharon Heatwole and
Sharon Sprague to the Citizens Advisory Commission on Neighborhoods; Lawrence
Kucera to the Citizens Transportation Oversight Commission; Katy Bikerstaff to the
Library Advisory Board; and Brad Hendrix to the Planning Commission, for the terms
listed above. The motion carried unanimously.
Mayor Scruggs thanked the candidates for their service and commitment to the City of Glendale.
CONSENT AGENDA
Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 5 removing item 7
from the agenda, and Ms. Pamela Hanna, City Clerk, read consent agenda resolution item
numbers 6 through 10 by number and title.
Lieberman requested Item Number 10 be heard separately.
1. LIQUOR LICENSE NO. 3-1229, EL CONQUISTADOR MEXICAN FOOD
This is a request for City Council to approve a new non-transferable Series 12 (Restaurant)
license. El Conquistador Mexican Food is located at 5350 West Bell Road, Suites 123 and 124.
The Arizona Department of Liquor Licenses and Control application (No. 12077923) was
submitted by Maria Hernandez Altmaier.
The location of the establishment is 5350 West Bell Road, Suites 123 and 124, and is located
within the Cholla District. The property is zoned CSC (Community Shopping Center). The
population density within a one-mile radius is 12,089. This Series 12 is a new license, operating
without an interim permit, therefore, the approval of this license will increase the number of
liquor licenses in the area by one. The number of liquor licenses within a one-mile radius is as
listed below.
Series Type Quantity
06 Bar- All Liquor 6
2
07 Bar- Beer and Wine 1
09 Liquor Store-All Liquor 2
10 Liquor Store- Beer and Wine 3
12 Restaurant 20
Total 32
The Maricopa County Health Department and the City of Glendale Planning, Police, and Fire
Departments have reviewed the application and determined that it meets all technical
requirements.
No public protests were received during the 20-day posting period.
Based on information provided under the background, it is staff's recommendation to forward
this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
2. LIQUOR LICENSE NO. 3-1230, DOS AMIGOS FRESH MEX GRILL
This is a request for City Council to approve a new non-transferable Series 12 (Restaurant)
license. Dos Amigos Fresh Mex Grill is located at 20020 North 59th Avenue, Suite 103. The
Arizona Department of Liquor Licenses and Control application (No. 12077927) was submitted
by Jorge Kimsin Esquivel.
The location of the establishment is 20020 North 59`" Avenue, Suite 103, and is located within
the Cholla District. The property is zoned SC (Shopping Center). The population density within
a one-mile radius is 14,255. This Series 12 is a new license, operating with an interim permit,
therefore, the approval of this license will not increase the number of liquor licenses in the area.
The number of liquor licenses within a one-mile radius is as listed below.
Series Type Quantity
06 Bar - All Liquor 2
07 Bar- Beer and Wine 1
09 Liquor Store-All Liquor 4
10 Liquor Store - Beer and Wine 3
12 Restaurant 13
Total 23
The Maricopa County Health Department and the City of Glendale Planning, Police, and Fire
Departments have reviewed the application and determined that it meets all technical
requirements.
No public protests were received during the 20-day posting period.
Based on information provided under the background, it is staffs recommendation to forward
this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
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3. AWARD OF CONSTRUCTION CONTRACT: FIRE STATION GATES AND
FENCING
This is a request for the City Council to award a contract to Phoenix Fence in the amount of
$195,572.85 for the construction of the fire station gates and fencing.
This request supports the council goal of one community focused on public safety for citizens
and visitors by ensuring that fire stations are secured when firefighters are on calls.
Available Homeland Security Grant provides an opportunity to supplement security at six fire
stations by installing security gates and fencing.
The Engineering Department solicited bids and five offers were received. Phoenix Fence was
the lowest responsive and qualified bidder.
On December 9, 2008, Council approved the acceptance of the 2008 State Homeland Security
Grants.
On November 27, 2007 Council approved the acceptance of the 2007 State Homeland Security
Grants.
The one-time costs associated with this project are contained within the Homeland Security
Grants. The operating and maintenance cost are minimal and will be absorbed by the Fire
Department's operating budget.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $195,572.85
Account Name, Fund,Account and Line Item Number:
2007 UASI Threat Mtgtn-PS Bldg, Account No. 1840-33096 ($4,590.05)
2008 UASI Fire Target Hardening, Account No. 1840-34055 ($79,887.15)
2008 UASI Fire Target Hardening, Account No. 1840-34056 ($72,299.65)
2008 UASI Fire Target Hardening, Account No. 1840-34057 ($38,796)
The recommendation is to award the construction contract to Phoenix Fence in an amount not to
exceed $195,572.85.
4. PURCHASE OF EOUIPMENT AND MOBILE DECONTAMINATION SYSTEM
This is a request for City Council to approve the purchase of equipment and mobile
decontamination system from Airpro Inc. Medical Services for the Metropolitan Medical
Response Program(MMRS).
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The request supports the Council's goal of one community focused on public safety for citizens
and visitors.
City of Glendale MMRS Program originated in 2002 and is funded through the Department of
Homeland Security and managed by the Federal Emergency Management Agency. The MMRS
Program is a federal preparedness program that enhances and maintains a local government's
mass casualty event response, whether natural or manmade, utilizing immediately available
resources for the critical initial hours until federal resources can arrive.
Zimek Technologies, LLC is the sole source for the purchase of a Room and Vehicle Sterilizing
System. Airpro Inc. Medical Services is the authorized regional distributor of Zimek
Technologies. This highly effective system uses an advanced disinfectant process which safely
eliminates harmful viral and bacterial contaminants in vehicles and rooms. This resource will be
used in order to prevent the spread of influenza or other harmful bacteria among first responders
and residents.
On November 27, 2007 Council accepted the 2007 Homeland Security Grants.
In 2002, the Council accepted the initial MMRS Grant. In subsequent years Council has
continued to approve acceptance of the grant funding.
The community will benefit through protection of both first responders and the residents against
the spread of a biological mass casualty event, including pandemic influenza and a Weapons of
Mass Destruction biological attack.
The one-time cost associated with this purchase is contained within the 2007 Homeland Security
Grant for the MMRS Program. The operating and maintenance costs are included in the purchase
for the next two years. After that period, the Fire Department's existing operating budget will
absorb the operating and maintenance costs associated with the equipment.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $100,000
Account Name, Fund,Account and Line Item Number:
2007 MMRS, Account No. 1840-34047
The recommendation is to approve the purchase of the equipment and mobile decontamination
system from Airpro Inc. Medical Services in an amount not to exceed $100,000.
5. CONSTRUCTION MANAGER AT RISK—FOR RECHARGE WELLS
This is a request for City Council to approve a Construction Manager at Risk agreement with
MGC Contractors, Inc. to provide construction services to build four recharge wells. The
purpose of this project is to provide adequate recharge capacity required at the Arrowhead Ranch
Water Reclamation Facility.
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This project is consistent with the Council goal of providing high quality service for Glendale
residents by increasing the recharge capacity of the Arrowhead Ranch Water Reclamation
Facility (ARWRF).
Reuse and recharge of reclaimed water supplies is a major emphasis of the City of Glendale's
water resources and infrastructure master plans. The reclaimed water facilities at the ARWRF
include reclaimed water lines and pump stations to convey water to meet irrigation demands
and/or to the recharge wells. This project comprises construction of four recharge wells.
The city issued a Request for Qualifications on January 24, 2008 as part of a qualification-based
process to provide preconstruction services in accordance with Title 34 of the Arizona Revised
Statutes. Construction Manager at Risk (CMAR) contractors submitted their Statement of
Qualifications dated February 14, 2008 and MGC Contractors, Inc. was chosen from a group of
two qualified contractors. In May 2008, the design phase of the project was awarded to MGC
Contractors, Inc. The design phase was recently completed and the project is ready to begin the
construction phase.
On May 22, 2008, the City entered into an agreement for CMAR preconstruction Services with
MGC Contractors, Inc. for design phase.
On September 25, 2007, Council authorized the City Manager to enter into a Professional
Services Agreement with Lockwood, Andrews and Newnam, Inc. to provide design and
construction administration services for the ARWRF recharge well design and installation
project.
Funds are available in the FY2008-09 Capital Improvement Plan. The operating costs associated
with this contract are minimal and will be absorbed by the Utilities Department operating budget.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $1,772,474
Account Name, Fund,Account and Line Item Number:
Addtl. Recharge Capacity, Account No. 2360-60002-550300
The recommendation is to authorize the City Manager to enter into the Construction Manager at
Risk agreement with MGC Contractors, Inc. to provide construction services to build four
recharge wells at the Arrowhead Ranch Water Reclamation Facility in an amount not to exceed
$1,772,474.
CONSENT RESOLUTIONS
6. NOTICE OF INTENT TO INCREASE WATER, SEWER AND IRRIGATION RATES
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This is a request for the City Council to adopt a resolution declaring the city's intent to increase
the water, sewer and irrigation rates effective with the October 2009 billing cycle, and setting the
public hearing on the proposed increases for June 9, 2009.
Glendale Utilities Department's number one priority is to provide safe drinking water and sewer
services 24 hours a day, seven days a week to all of its customers which are consistent with the
Council goal of providing high quality services for citizens.
In order to provide quality water and sewer services, and remain in compliance within regulatory
requirements, there are a series of improvements that need to be completed. These include:
design and construction of the Oasis Groundwater Treatment Plant; renovation of water and
wastewater treatment plants; and rehabilitation of the water distribution and sewer collection
systems.
The recommended rate adjustments are necessary to provide the financial resources to complete
required system improvements, operate and maintain the system to remain in compliance with
Federal and State regulations, and ensure that the Water and Sewer Enterprise Funds maintain
adequate operational cash reserves.
In 2008, the Utilities Department contracted with Red Oak Consulting to update its 2007 water
and sewer rate report. This update addresses the financial requirements of the Utilities Enterprise
Fund. As part of this evaluation, Red Oak Consulting reviewed and evaluated revenues and
revenue requirements of the department.
The updated results of Red Oak Consulting water and wastewater rates analysis and
recommendations were presented at the March 31, 2009 Council Workshop. Council provided
guidance to staff to begin the rates adjustment implementation process, effective with the
October 2009 billing cycle.
The results of Red Oak Consulting updated analysis were presented at the April 15, 2008
Council Workshop.
The proposed rate adjustments will help to ensure that the city has the financial resources to
continue its long history of providing the highest quality water, sewer, and irrigation services to
Glendale citizens and remain in compliance with federal and state regulations.
This is the first in a three-step rate adjustment implementation process, which also includes a
Public Notice and the Public Hearing on June 9, 2009. Written reports supporting the proposed
increase in water, sewer, and irrigation rates will be made available for public use and inspection
on April 29, 2009, in the office of the City Clerk.
The recommendation is to waive reading beyond the title and adopt a resolution declaring the
city's intent to increase the water, sewer, and irrigation rates effective with the October 2009
billing cycle and setting the public hearing on the proposed increases for June 9, 2009.
7. 2009-2010 COUNCIL STRATEGIC GOALS AND KEY OBJECTIVES
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This item was removed from the agenda for further consideration.
8. JUSTICE ASSISTANCE GRANT AWARD
This is a request for City Council to adopt a resolution authorizing the Chief of Police to accept
grant funding from the Edward Byrne Memorial Justice Assistance Grant Program in the amount
of$740,863. The Police Department plans to use this funding toward replacement of its current
Computer Aided Dispatch(CAD) System and a Records Management System(RMS).
This grant supports Council's goals of a city with high quality services for citizens by improving
the level of service to citizens and one community focused on public safety for citizens and
visitors. These goals are supported by focusing this funding toward the replacement of the
current CAD and RMS system.
The U.S. Department of Justice has made funding available to cities through the Edward Byrne
Memorial Justice Assistance Grant Program (JAG). Maricopa County serves as the fiscal agent
for this pass-through grant. The Glendale Police Department received funding through the JAG
fund in 2001, 2005, 2007, and 2008. This is the fifth year the city has been allocated JAG
funding.
The replacement CAD and RMS software would include modules for booking, records
management, dispatch; field reporting, property and evidence management and crime analysis.
Other important outcomes of this project include access to "real time" crime data for crime
response and analysis and enhanced access to critical information for officers responding to calls
for service.
There is no financial match required for this grant. This is one-time funding by the U.S.
Department of Justice. It is not known at this point if this system will incur additional operating
costs.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X $740,863
Account Name, Fund,Account and Line Item Number:
A specific account will be established in Fund 1840, the city's grant fund, once the agreements are
formally executed.
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
Chief of Police to accept the grant funds in the amount of$740,863 from the U.S. Department of
Justice for the Edward Byrne Memorial Justice Assistance Grant.
9. ACCEPTANCE OF 2008 JUVENILE ACCOUNTABILITY BLOCK GRANT
This is a request for City Council to adopt a resolution authorizing the City Manager to accept
and administer the Juvenile Accountability Block Grant from the Governor's Office for Children
in the amount of$11,801.
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The Grant will be utilized to enhance the Juvenile Re-entry Program currently in place. The
Grant will pay overtime for Glendale officers to contact juveniles released from the Arizona
Department of Juvenile Corrections on a bi-monthly basis. This is part of a re-entry program
aimed at preventing recidivism on the part of offenders released from the Arizona Department of
Juvenile Corrections, by monitoring their activities and providing assistance/direction on their
transition back to society.
This item addresses the City Council strategic goal of one community focused on public safety
for citizens and visitors. The program teams up Glendale officers with the Arizona Department
of Juvenile Corrections and the Department of Juvenile Parole, and monitors the released
juveniles with the goal of providing services available in the community to get the juveniles back
in school or employed and away from a life of crime.
One of the Council's key objectives is to ensure that all citizens live in a safe neighborhood with
police presence, crimes solved, and crime prevention and reduction. By providing assistance to
these youth upon release they have a better chance of being successful in life and not reverting to
a life of crime, thus making our neighborhoods safe.
The goal of the re-entry program is to have an officer assigned to a juvenile offender to monitor
and provide guidance for the youth and their parent/guardian once released from the Arizona
Department of Juvenile Department of Corrections. All parties will meet prior to the juvenile's
release and set a specific plan for each individual to adhere to upon release. The plan's goal is to
keep the juvenile from offending again. This grant will give the re-entry program funding until
September 2010.
The grant is for $11,801 and the city's match will be $1,311.22 which is budgeted in the Police
Department's general fund.
Grants Capital Expense One-Time Cost _Budgeted Unbudgeted Total
X X $1,311.22
Account Name, Fund,Account and Line Item Number:
Police Crime Investigations, Overtime, Account No. 1000-12150-500600
The recommendation is to waive the reading beyond the title and adopt a resolution authorizing
the City Manager to accept and administer the Juvenile Accountability Block Grant from the
Governor's Office for Children in the amount of$11,801.
It was moved by Frate and seconded by Knaack, to approve the recommended
actions on Consent Agenda Item No. 1 through 6, 8 and 9, including the approval and
adoption of Resolution No. 4251 New Series, Resolution No. 4253 New Series, and
Resolution No. 4254 New Series; and to forward Liquor License Application No. 3-1229, El
Conquistador Mexican Food and Liquor License Application No. 3-1230, Dos Amigos
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Fresh Mex Grill to the State of Arizona Department of Liquor Licenses and Control, with
the recommendation for approval. The motion carried unanimously.
10. INTERGOVERNMENTAL PURCHASE AGREEMENT WITH THE STATE OF
ARIZONA
Steven Conrad, Police Chief, presented this item.
This is a request for City Council to authorize the City Manager to enter into an
Intergovernmental Purchase Agreement with the State of Arizona for the Counter-Drug
Procurement Program.
The existing Intergovernmental Agreement needs to be updated to reflect a change in the point of
contact required for purchases with the Town of Payson.
Voluntary purchase agreements between and among public agencies in the State of Arizona have
shown to improve competition, quality, services, provide lower prices for materials and services,
and avoid duplication of efforts. This agreement will ensure Council's goal of one community
focused on public safety for citizens and visitors is accomplished by permitting local law
enforcement agencies to purchase through federal procurement channels.
State and Local Law Enforcement Procurement Program (The 1122 Program) was instituted to
allow state and local law enforcement agencies to obtain quality counter-drug equipment at a
discounted rate. The 1122 Program permits law enforcement agencies to take advantage of the
purchasing power of the federal government to receive discounts commensurate with large
volume purchases.
From 2000-2008, the Maricopa County Sheriffs Office was designated the State Point of
Contact for program. However, the Sheriffs Office relinquished this position on December 1,
2008, which necessitates a new agreement designating the State Point of Contact with the Town
of Payson.
In February 2000, Council approved an agreement with the State of Arizona Counter-Drug
Procurement Program, which designated the Maricopa County Sheriffs Office as the State Point
of Contact.
The recommendation is to waive the reading beyond the title and adopt a resolution authorizing
the City Manager to enter into an Intergovernmental Purchase Agreement with the State of
Arizona for the Counter-Drug Procurement Program.
Councilmember Lieberman commented that he did not fully understand this program. However,
his point and concern on this item was that they were locking out the local merchants by buying
from outside sources. He added with this program, purchases would not be coming for Council
approval. He explained that local merchants were in dire need at the moment and the city should
purchase locally. He noted if they could keep a local merchant in business, he was willing to pay
a little more. He stated he was totally against the Intergovernmental Purchase Agreement. Chief
to
Conrad remarked that he appreciated Councilmember Lieberman's view. He explained that a lot
of the police equipment was specialized items typically not available locally. He added they tend
to use the Intergovernmental Purchase Agreement for specialized purchases where prices were
competitive and were the best deal for tax payer dollars. He noted he was completely sensitive
and understood the issues Councilmember Lieberman has raised.
It was moved by Goulet and seconded by Frate to approve and adopt Resolution
4255 New Series. The motion carried with Lieberman voting nay.
MOTION TO EXCUSE COUNCILMEMBER
It was moved by Frate, and seconded by Knaack, to excuse Councilmember
Martinez from tonight's Council meeting. The motion carried unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Frate, and seconded by Knaack, to hold a City Council Workshop
at 1:30 p.m. in Room B-3 of the City Council Chambers on Tuesday, May 5, 2009, to be
followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried
unanimously.
CITIZEN COMMENTS
Ms. Julie Fleming stated she was the great niece of Mr. Richard Bailey. She said Mr. Bailey had
volunteered and served in many community councils for the City of Glendale, such as the Center
of the Blind and Good Samaritan Hospital. She stated Mr. Bailey had passed away of a heat
stoke resulting from riding buses and walking to and from his volunteer services. She explained
his surviving wife, Pearl, is now 96 years old and completely blind. Ms. Fleming stated that
Pearl's greatest wish is to have a marker on Mr. Bailey's grave, including her own name;
however, her funds were limited. Ms. Fleming explained she has come here tonight wondering if
there were any funds in the Council's budget to honor Mr. Bailey by helping his wife provide a
grave marker for her husband for all the great work he has done in the community.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark commented on the latest move from the State Legislature. She stated their
latest scheme is to raid development impact fees from municipalities and towns throughout the
state to cover the state's budget shortfalls. Additionally, they also plan to sweep reserve funds
from every school district. She remarked the idea was so repugnant and ludicrous; she had been
stunned to hear it. She explained she hopes as people realize the impact and burden being placed
on them; they will complain to the state legislature and let them know how foolish this idea is.
Councilmember Goulet thanked the candidates tonight for serving their community. He also
thanked the Glendale High School principal administration faculty for allowing him to present
information on the Centerline Project.
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Councilmember Lieberman reminded everyone of his next Cactus District Meeting on May 14,
2009, at Horizon School. He stated it promises to be a great meeting.
Councilmember Frate invited everyone to the Relay for Life for the American Cancer Society. It
will be held this Saturday, May 2, 2009, at 5:00 p.m. at Ironwood High School Football Field.
He noted to always remember to watch children around water.
Councilmember Knaack commented on the Relay for Life and encouraged everyone to
participate in this worthwhile cause. She thanked Mr. Gary Benson for all the work he does to
put on this event.
Mayor Scruggs also commented on the latest news regarding the State Legislature and the impact
it would have on cities. She explained the legislature plans to withhold state shared revenues in
the amount of$210 million, and at the same time, pass legislation that impact fees collected by
cities and towns be used for operating expenses. She clarified that this means if citizens have
purchased homes or businesses, impact fees have been paid to insure the infrastructure, amenities
and fiscal facilities that are expected in the city. She explained these fees were not taxes, but
rather a way of having new growth pay for itself. She noted it was believed the Central Arizona
Home Builders Association has convinced the legislature to take these funds and pay everyday
expenses. She added this was not only unethical, but believes it was illegal. She remarked on
how this had been challenged before and had resulted in the city divided into zones. The impact
fees collected would be used in those zones to insure people in that particular area get the benefit
of the amenities. She reiterated these were not taxes, but contributions to off-set the impacts of
new development. She noted this was wrong, unethical and it broke pledges and promises to
citizens.
Mayor Scruggs commented on Governor Brewer's Economic Budget Forum on May 8, 2009 at
Mid Western University at 7:00 p.m. She stated this was not a political program, but a
documentary on what was going on in Arizona and how it was that this economic crisis
happened. She encouraged everyone interested to attend.
ADJOURNMENT
There being no further business the meeting was adjourned at 7:45 p.m.
_
Pamela Hanna- City Clerk
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