HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 6/7/2011 *PLEASE NOTE: Since the Glendale City Council does not take formal action at the
Workshops,Workshop minutes are not approved by the City Council.
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III
GLENDr
MINUTES OF THE
GLENDALE CITY COUNCIL WORKSHOP SESSION
Council Chambers—Workshop Room
5850 West Glendale Avenue
June 07, 2011
1:30 p.m.
PRESENT: Mayor Elaine M. Scruggs, Vice Mayor Steven E. Frate and
Councilmembers Norma S. Alvarez, Joyce V. Clark, Yvonne J. Knaack,
H. Phillip Lieberman, and Manuel D. Martinez,
ALSO PRESENT: Ed Beasley, City Manager; Horatio Skeete, Assistant City Manager; Craig
Tindall, City Attorney; and Pamela Hanna, City Clerk
1. COUNCIL ITEMS OF SPECIAL INTEREST
This is the quarterly opportunity for City Council to identify topics of interest they would like
the City Manager to research and assess for placement on a future workshop agenda.
On March 1, 2011, Council asked that staff provide information on items of special interest. The
following items have been addressed:
• Adult Center 2nd Floor— This was addressed as part of the budget process.
• Marty Robbins Bronze Plaque — This was addressed through a request forwarded to the
Historic Preservation Commission for their review and consideration, which is the
customary process.
• Public Participation at the beginning of Council Meetings — This item will be postponed
and brought back at the next Council Items of Special Interest to allow staff additional
time to do further historical research.
The remaining items of special interest requested by Council will be addressed at today's
workshop.
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• Dinners/Meetings with Other Organizations
• Approval of Purchases over $50,000
• Requirements for Tattoo and Massage Establishments
• Review of Code of Ethics
• Review of City Charter
• Reimbursement for Ticket Purchases
Staff is available to answer any questions regarding the information provided. Staff also
requests Council to identify future items of interest for follow-up by staff during the next quarter.
Ed Beasley, City Manager; introduced the item.
Mayor Scruggs stated she would start with the first item, Dinners/Meetings with other
Organizations. She asked for any comments.
Councilmember Lieberman noted he once again requested this item be brought before the
Council for consideration. He indicated a recent article from Leadership West about the
necessity of cities meeting with each other to find solutions to common problems. He believes in
these economic times, they should be meeting with the surrounding cities on a much closer basis.
He would like to include Luke Air Force Base in these meetings. He, as a member of the
Council, did not know enough of the people at Luke to be able to work with them as closely as
he would like. He believes they are not close enough, as a Council, or a city, to Luke or other
cities. He noted there was a lot of goodwill they could create, if they have annual meetings with
area cities.
Councilmember Alvarez stated her agreement with Councilmember Lieberman. However, she
would not invest city money to meet with them. She believes each city should pay their own.
She added it was good to have a working relationship with the surrounding cities and would like
to meet at least once a year.
Vice Mayor Frate remarked he attended a function at Luke Air Force Base and sat with the
General and his wife this weekend. He stated it was clear in their discussions that they are at war
and very busy on the base. He indicated that if anything critical occurs, the city is contacted. He
noted the base and the city do keep in close contact, however, possibly not as a group. He
discussed the recent funeral he attended representing the city which was held at the base. In
reference to meeting with other city councils, they all attend the National League of Cities and
Towns which was created for cities to come together and exchange ideas. He added he currently
exchanges information and speaks with colleagues from other cities on his own.
Mayor Scruggs explained the close working relationship the city has with Luke Air Force Base.
She noted the city's fire, planning, environmental, transportation departments, etc. interact on a
variety of issues. She wanted to make clear the city does have a close working relationship with
Luke and what they were discussing on this item was getting together with the command. She
explained a major issue with bringing this item forward was who in the city gets invited to Luke
Air Force Base events. She noted Luke decides who attends events and ceremonies because of
space requirements. She added the Base protocol office handles who was invited.
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Councilmember Knaack stated she had attended four out of five events at Luke. She noted it
was a perfect opportunity to speak to the General and his staff. She indicated she was part of the
Arizona Municipal Water User Association and once a month she is in contact and shares
information with nine other cities and their Mayors and Councilmembers. She explained there
were many opportunities year round to meet with other cities and their counterparts. She
believed the current opportunities were sufficient.
Councilmember Clark remarked she believes the city's interaction with Luke was sufficient for
the present time. However, every two years, elected offices change, therefore, she sees nothing
wrong with Glendale taking the lead and fostering better networking relationships. She stated
they need to build a stronger West Valley coalition network that they seem to be lacking. She
would like to start this and possibly start an annual tradition that can rotate from city to city. She
believes this was something long overdue and they should think about doing it.
Mayor Scruggs stated she would like to add to this suggestion that she would prefer the meeting
to not be food related because of the cost. She explained Councilmember Clark and Vice Mayor
Frate had made suggestions at the last meeting using Glendale Glitters as an option to meet with
other cities. She suggested they extend an invitation to other Councils to come, walk and
socialize on the quiet nights of the event. Another idea that would not involve money would be
to host a different city group in the city's suites. She suggested cities should be paired up with
neighboring towns. Councilmember Clark stated she liked the idea of using the Jobing.com suite
and possibly also the Camelback Ranch suite. She also likes the idea of pairing two towns
together and believes it was a good first step.
Councilmember Martinez agreed with both ideas. He noted that at the December 10th meeting,
they discussed this item at length. He had voted against a dinner meeting; however, agrees with
these new ideas and believes it was a good use of the suites. He likes this venue more and
believes they can get more done than just sitting around eating. He added that the door was
always open if someone ever wants to meet with the Council and they don't need special dinner
meetings. He also liked the idea regarding Glendale Glitters and inviting other city
Councilmembers to the event.
Councilmember Knaack suggested they open up the City Council chamber lobby to have
refreshments and socialize, then walk around and see the Glitters event. Mayor Scruggs added it
should be for the member only and not include spouses, but she was open for discussion on that
matter. She explained these events should be posted as meetings with possibly an agenda to
comply with Open Meeting Laws.
Councilmember Lieberman agreed this was a great idea. As a matter of fact, twice in the past
year, he had invited Congressional Representatives to the event. He agrees with opening the
lobby area for Glendale Glitters and was willing to pay for invitations out of his district's budget.
He explained he also sits on many committees; however, he could not say he has formed close
relationships with those members. He discussed attending an event at Luke Air Force Base and
how patriotic it was. He added he chose to remain in the audience and not sit with the General
on this occasion. He reiterated his agreement with the ideas presented and was pleased his
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efforts have been recognized after he has brought this item up for the last three or four years.
Mayor Scruggs appreciated the fact he agreed with her suggestions.
Mayor Scruggs added on another matter she would like to make clear. She remarked on
Councilmember Lieberman's comment of choosing not to sit with the General, but instead
wanting to sit in the audience. She asked Councilmember Lieberman why he did not use the six
seats he had requested staff members in her office to secure for him on short notice for the Tops
in Blue Concert. She stated that he had first asked to use the city suite for his group but was told
that the city suite would not be opened that night. Upon request from the Council Office staff on
his behalf, staff in her office called Base personnel and asked that Councilmember Lieberman
and his group be placed in the dignitary section. She stated it was important to have full
disclosure when he was stating he did not want to sit with the General as special arrangements
had been made for him and his party of six on extremely short notice. Councilmember
Lieberman explained he was not aware those arrangements had been made for him and was told
only he and his wife were invited. He reiterated he was never told about this arrangement and
was told the opposite.
Councilmember Alvarez remarked she was not in favor of just socializing; however, was in favor
of having business meetings. She reiterated her belief in getting to know their counterparts
better in a business setting. She indicated she did not want to use taxpayer money even if it was
from their Councilmember's budget since it was still taxpayer money. Mayor Scruggs asked if
she would like this to be more of a business or a socializing event. Councilmember Alvarez
stated she would like it to be kept to business with no food and no money spent. Councilmember
Lieberman stated he wanted the networking and socializing aspect. Councilmembers Knaack,
Clark, Martinez would like networking and getting to know people.
Mayor Scruggs stated a majority favors arrangements where they can get together with one or
two cities at a time, without spouses. This is for the purpose of getting to know each other on a
more sociable networking basis, with no money involved unless there are sponsorships. These
events would take place in suites at Jobing.com and Camelback Ranch or council chambers
lobby area. All Council agreed except for Councilmember Alvarez who prefers it to be solely
business in nature. Mr. Ed Beasley agreed to present a plan of action for this item from staff at
the next Special Interest meeting. Legal will also be involved in this process. Councilmember
Lieberman thanked everyone for their interest and help today on this item.
Mayor Scruggs called for the next item, Approval of Purchases over $50,000.
Councilmember Lieberman explained there was a time when the Council voted on purchases for
$67,000 as well as voted on contracts for lobbyists. He questioned, without wanting to offend
Chief Conrad or Burdick, a purchase of five motorcycles for $100,000 or the new fire truck two
years ago for $1 million. He noted he could not remember the last time he voted for a big piece
of equipment and never sees these items come before the Council even if they are over $50,000.
He added he respects the fact the City Manager and City Attorney have a right to sign off on
these items, however, he would like to be aware when these items are being purchased to let his
constituents know where the money is going. Mr. Beasley stated he understood his concerns and
would like to explain to him how the process works. He explained that in the budget process,
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they identify the items that are needed and when it will be purchased. Therefore, the concept of
just going out and purchasing or leasing an item was not accurate. He stated there was a process
which clearly identifies the item and when and why it is needed. Councilmember Lieberman
remarked he understood the process and that was not what he was asking. He explained that
when he sees an item listed for $6 million for transportation that does not tell his constituents
what that money was for. He added those amounts showed up in one lump sum instead of voting
publicly on each item.
Ms. Sherry Schurhammer, Budget Director, explained the fire truck and sanitation truck are
examples specifically identified in the CIP as purchases that will occur in a year.
Councilmember Lieberman reiterated he was aware and understood the process and that was not
what he was after. Mayor Scruggs remarked that currently, the city has a process where they
publicly identify what is going to be purchased; however, Councilmember Lieberman would like
to have an actual action item at a Council meeting at which they approve each one of those item
individually.
Councilmember Clark referred to page 37 which states that administration will issue a monthly
report on purchases and actions issued by staff. She remarked that to her knowledge she has
never received this report. She noted that either staff is prepared to issue the monthly report or
she will ask for those items over $50,000 to be put on a Council agenda for an evening meeting.
Mayor Scruggs agreed it would be a good middle ground. Councilmember Clark stated
Councilmember Lieberman was right, the Council does not know, other than reviewing the
annual budget workshop, what major purchases are going to occur throughout the course of the
year. She added this report would have been the solution, but it was never provided as promised.
Mr. Beasley asked Ms. Schurhammer if they ever provided this report. Ms. Schurhammer stated
she was not aware of a report ever being provided or required. She added for the future, staff can
provide a report based on Council's direction. Councilmember Clark remarked she was not
saying it was the budget departments fault. She stated that Council should know what is being
purchased over $50,000, at least after the fact.
Councilmember Martinez asked if staff would come back to Council should there be a change in
the CIP purchasing process. Ms. Schurhammer replied if the budget amount was exceeded or
there was a protest, it would come back to Council for approval and review. She added this
rarely happens since staff was very thorough in their research before it ever is placed in the CIP.
She noted regardless if it comes to Council or not, it is competitively bid. Staff also uses
cooperative purchasing agreements. Councilmember Martinez stated he was satisfied with the
process currently being used. However, he sees no problem with a report being issued on
purchases that have already been approved, if the Council moves in that direction.
Councilmember Alvarez remarked if a monthly report is required in the ordinance, then it should
be issued. If not, they should change the ordinance. Ms. Schurhammer explained the monthly
report was not in the ordinance. She explained it was a commitment made in 2001 with whoever
was over purchasing. Councilmember Alvarez indicated that her only remark was to go with
whatever was directed by the ordinance.
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Mayor Scruggs explained this was not part of an ordinance as previously thought; therefore, they
have to decide among three actions. The first is to bring every single item before Council over
$50,000; second, be provided a monthly report on purchases over $50,000; or thirdly, do nothing
and leave things as they are. Councilmember Alvarez stated she had no problem keeping it as is.
Councilmember Knaack stated all purchases are in the budget with Council approval; therefore it
would be cumbersome and very inefficient to try and vote on each individual item. She added
she had no problem with the monthly report. She asked Mr. Beasley for his opinion. Mr.
Beasley stated he was not aware of this report ever being done and he was not the city manager
back then. However, it might be a good idea and worth a try. He would like to see what this
report would look like and how much time it would take.
Councilmember Clark reiterated this was an alternative to get Council more information. She
stated she was disappointed this had not occurred to staff before but now staff was prepared to
see if they can make it work. Therefore, if this is brought back and found that it cannot be done,
she will suggest they go back to the old system. Mr. Beasley remarked that he did not say
maybe. He noted what he did say was that under previous manager administration, that practice
was discussed. As far as staff not creating this report, there are times staff might miss
something; therefore, they would be happy to look into it and provide that information.
However, in all fairness to staff and Council, they would like to first analyze and examine how
long and what time frame the report would be.
Mayor Scruggs stated that so far they have Councilmember Alvarez as fine with keeping things
the way they are. Councilmembers Knaack and Martinez want to give staff the opportunity to
analyze what it would take to set up and create a process to do what was offered in 2001.
Councilmember Clark would like to immediately have a report issued monthly.
Councilmember Lieberman noted he was not against a monthly report so they could possibly put
it on the internet. However, they can also place these purchases on the Consent Agenda. He
explained if they add four additional items on Tuesday's list for purchases over $50,000, he did
not see how this would be detrimental to anyone.
Vice Mayor Frate remarked he would like staff to look into the monthly report. As far as
approving every line item over $50,000, he believes this was cumbersome and might be difficult
for staff's process and timeframe.
Councilmember Alvarez stated since this was not in the ordinance, they can agree to a report
every three months instead of every month to make it easier for staff. Mayor Scruggs stated they
were looking for a majority to come to a consensus on whether to have a report or not.
Councilmember Alvarez stated she believes they receive enough reports as it is. She explained
with most issues, she looks up the information herself when she needs an answer.
Mayor Scruggs stated the majority would like staff to look into a process similar to 2001 which
could be monthly or quarterly. She personally liked the idea of putting it on the internet so
vendors who want to do business with the city of Glendale can see it.
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Mayor Scruggs asked staff to bring this back for the next Council Items of Special Interest
meeting with an option for a report on purchases over $50,000. She noted the majority of
Council selected not to vote on every purchase at a Council meeting.
Mayor Scruggs called for the next item, Requirements for Tattoo and Massage Establishments.
Councilmember Alvarez stated her concern on some tattoo and massage parlors not following
procedures and endangering the safety and health of citizens. She explained at one time, the
state legislature had this issue on their agenda, however, it was dropped. She would like to see
the city pursue this issue and try to put it back on the state's legislative agenda. She asked who
they would report to if a citizen were to get infected by a dirty needle. Mr. Horatio Skeete,
Deputy City Manager, stated that, as far as he is aware, the city was not responsible for
inspecting or regulating these establishments. Staff would have to research who would be
contacted.
Councilmember Knaack stated they should call the Maricopa Heath Department since this
industry was not regulated. Councilmember Alvarez asked if the city was legally responsible
since the city issues a license to these businesses. Mr. Craig Tindall, City Attorney, stated it
would be hard to maintain an action against the city for that type of situation.
Mayor Scruggs stated Councilmember Alvarez would like action taken at the state level. The
state has not been interested in taking action in the past. She explained the Council can indicate
if they would like to have this issue raised again by the Intergovernmental Programs Director.
The city can seek other cities that are willing to sign on in order for a resolution to be presented
to the League of Cities and Towns. Councilmember Martinez asked if this had already been
done through the League of Cities and Towns. Mayor Scruggs replied yes and added the
legislature has decided not to act on it. Councilmember Alvarez remarked she had already
contacted some legislators that will introduce this item, however,just wanted to know if the city
was liable in any way.
Councilmember Lieberman stated he would like to see tattoo parlors separated by a quarter mile
from each other as was done with check cashing establishments. He noted Glendale was fast
becoming the tattoo parlor of Arizona. Councilmember Alvarez stated there were 46 tattoo
parlors in Glendale.
Mayor Scruggs stated she agreed with Councilmember Alvarez on the dangers of needles. She
was glad she had some legislators that will be introducing this item. She will also write letters to
encourage its consideration and believes it was long overdue. Councilmember Clark suggested
they take it a step further and continue to get additional cities to support this item.
Mayor Scruggs stated resolutions to the League are due June 17t. She asked if there was any
interest in asking staff to find other cities to sign on. The majority of Council supported that
action. Mayor Scruggs asked Mr. Beasley to bring forth the process of presenting a resolution
by June 17th to the League.
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Mayor Scruggs asked for direction on spacing requirements for tattoo parlors as per
Councilmember Lieberman's suggestion. Mr. Tindall explained this was looked at some time
ago. It was deemed that the type of land use involved does not create a situation that lends to a
lot of legal support for introducing things like spacing.
Councilmember Knaack explained tattoo parlors already here would be grandfathered in from
any new requirements. Councilmember Clark stated that having spacing requirements might be
helpful in the future even if the ones that are here will be grandfathered in. She cited how the
new requirements helped to reduce check cashing businesses. Councilmember Knaack noted
that massage therapists were a separate issue and most are licensed by the state.
Mayor Scruggs stated there was no legal authority to impose spacing requirements and asked
Council if they were asking the attorney to find legal authority. Councilmember Martinez stated
they had already been told there was no legal support for this matter.
Councilmember Lieberman expressed his support for spacing requirements to at least a quarter
mile. He added he was not clear why there was no legal support and what that meant. Mayor
Scruggs asked Mr. Tindall to explain. Mr. Tindall explained the purpose of zoning is to address
the certain types of impacts that uses have on land and surrounding areas. He noted that
businesses were classified in different ways based on those criteria. He explained tattoo parlors
have low impact and do not require a lot of spacing. He added he was not aware of any cases that
would allow the city a strong basis to apply for particular zoning requirements for tattoo parlors.
Mayor Scruggs asked if tattoo parlors were addressed in the Centerline overly. Mr. Jon Froke,
Planning Department Director, stated the overlay does address tattoo parlors and it will come
before Council next Tuesday night. He added tattoo parlors will be prohibited if a property
owner chooses to use the overlay district. Councilmember Lieberman asked if the existing
parlors would be grandfathered in. Mr. Froke replied yes.
Councilmember Clark said she would like to take issue with legal on tattoo parlors being low
impact. She noted the same could be said about check loan businesses; however, spacing
requirements were created. Mr. Tindall noted the Pay Loan industry chose not to challenge the
spacing requirements. Councilmember Clark asked if it was possible to pursue spacing
requirements for tattoo parlors. Mr. Tindall stated it was possible; however, he would still have
to look into it and note if anything has changed from three years ago. He added that for now, he
was not aware of any legal support for the city to mandate spacing requirements. Mayor Scruggs
noted that Payday Loans had other issues against them.
Mayor Scruggs asked for a consensus for tattoo parlor spacing requirements. Councilmembers
Lieberman and Clark stated they would like staff to look into it. Mayor Scruggs stated there
wasn't a majority request to look at spacing requirements.
Vice Mayor Frate explained he had no problem with legal looking into it, however, he does not
want the city to be facing a lawsuit for discriminating against a certain profession. He wondered
if other cities had spacing requirements. He indicated the only reason tattoo parlors were
popular was that many everyday people use them.
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Mayor Scruggs asked if the majority of Council wished to move to the next item. The majority
of Council voiced agreement to move forward.
Mayor Scruggs called for the next item, Requirements for Massage Establishments.
Councilmember Alvarez stated she knew that massage parlors were licensed by the state
therefore that was not the issue. She asked if a person has a complaint, would they go to the
Police Department. She also asked if the city has inspections for these businesses. She indicated
she had concerns with these establishments being open all night and asked if this was allowed by
the city. Mr. Froke stated from a zoning perspective, massage parlors would be allowed in the
various commercial districts. Ms. Diane Goke, Finance Director, stated if there are complaints
about the establishments, they can notify the police department. Mayor Scruggs asked if hours
of operations in the city's zoning ordinance for massage parlors were specified. Mr. Froke
replied no. Mayor Scruggs noted that at this point, if these establishments are open 24 hours a
day, unless there is something in their deed restriction, they have to assume that was legal.
Councilmember Alvarez asked if the Fire Department does inspections on these businesses. The
Fire Department inspects those establishments like any other business, such as compliance with
sprinkler systems. Councilmember Alvarez asked if this would be done by the Fire Marshall.
Chief Burdick responded yes and added inspection depends on the type of business.
Councilmember Alvarez asked how the city regulates who had a working license in the
establishments. Ms. Goke explained the city licenses the establishment and the state was
responsible for licensing the individual.
Councilmember Lieberman asked who they would report a complaint to. Ms. Goke stated they
should report it to the state board.
Councilmember Alvarez remarked on a very good ordinance recently passed by the city of Mesa
concerning this matter. Mayor Scruggs asked her to have copies made for the Council and
anyone interested.
Mayor Scruggs asked for a 10 minute break. This meeting was called back to order.
Mayor Scruggs called for the next item, Review of Code of Ethics
Councilmember Alvarez stated she would like to have clarification and also had some questions
on the Code of Ethics. She asked for information on the conduct of Councilmembers and how it
was enforced. She noted that at times, Councilmembers are not respectful to one another.
Mayor Scruggs asked for clarification on what exact information Councilmember Alvarez was
seeking. She asked if Councilmember Alvarez would like to discuss this issue with Mr. Bowers
or the city attorney. Mayor Scruggs added that these codes were all developed through a very
long process facilitated by Mr. Bowers. They can also have a special workshop session on this
matter. Councilmember Alvarez remarked she would like a review of the Code of Ethics since
she believes many are being broken. Mayor Scruggs restated her question on how she would
like to handle the issue. Councilmember Alvarez asked if she was the only one that had
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concerns with this issue or does everyone believe things run smoothly. She remarked they all
had to go by the Code of Ethics,just like they go by ordinances.
Councilmember Martinez explained the process if someone violates the Code of Ethics. He
noted it was spelled out very clearly. Councilmember Alvarez noted she was still not clear on
the process.
Councilmember Clark stated this might not be a matter of process but of substance, therefore,
since it has been three years since this had been adopted, it was time for a review and workshop
to bring the new Councilmember up to speed.
Councilmember Alvarez reiterated her concern on the conduct of some Councilmembers and the
poor image they might be projecting, sometimes with body language. She added the Council
needed to project the image to the public as working together while behaving civilly.
Vice Mayor Frate suggested it would be a good idea for someone to sit with Councilmember
Alvarez one-on-one to bring her up to speed on this issue since the rest of the Council has been
through this exercise already. He stated it would make it easier for her to ask questions and
become informed. As far as body language, that was something also discussed in the workshop
with Mr. Bowers, of what was allowed and freedom of speech. Additionally, he personally does
not want to go through each item again since he does not believe any major infractions have
been made in the three years since they have adopted this initiative.
Councilmember Martinez agreed with Vice Mayor Frate that perhaps Mr. Bowers should have a
meeting with Councilmember Alvarez and go over this issue. He added he had been very
involved in this item and was the one who brought it up. He stated he would be happy to assist
in the meetings if she so desires. Councilmember Alvarez stated she accepts someone explaining
this issue to her; however, still believes there are problems that needed to be addressed on the
Council regarding conduct. She remarked Councilmembers should review the Code of Ethics
regularly since she had heard from the community that there was an issue. Councilmember
Martinez indicated that if she feels so strongly about this issue or with some Councilmembers,
she should voice her concerns since that was the way the ordinance was designed.
Councilmember Alvarez believes it more appropriate to discuss this in Executive Session. She
added her main concern was how the public perceives the Council.
Mayor Scruggs stated she too believes there are a lot of problems; however, most on the Council
have chosen individually to not voice them in order to do exactly what Councilmember Alvarez
wants which is to give the impression that the Council is working together more harmoniously.
She noted there were many instances where she could have used the process, however, has
chosen not to and was sure others feel the same way. She explained this process took the
Council about a year before consensus was achieved. She noted Councilmember Martinez was
their designated lead member of the Council to work with Mr. Bowers and keep things moving.
She explained Councilmember Alvarez's comments were that Councilmembers were not
following the Code of Ethics; however no one was using the process that has been identified to
bring the matter forward for discussion. She agrees that in many instances she has opted not to
address the issue formally, and she suspects the same from others. Mayor Scruggs stated the
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guidelines in the Code of Ethics are fine; however, Councilmember Alvarez would like
Councilmembers to follow them. Councilmember Alvarez stated she was correct. Mayor
Scruggs asked everyone to take Councilmember Alvarez's suggestion and review and follow the
code more closely.
Mayor Scruggs called for the next item, Review of City Charter.
Councilmember Alvarez discussed the process to amend the City Charter with a citizens' Charter
review committee. She stated her research showed that an amendment can also be done by
referendum and included in the Charter. Mayor Scruggs asked what action would she like staff
to take on this matter. Councilmember Alvarez explained she was currently reviewing the
Charter and had found many items enacted since 1957; therefore she would like a committee
established to review the Charter and possibly find inconsistencies. Some of her questions
referenced term limits, Vice Mayor re-election, bids etc. She remarked the last time the Charter
was revised was in 1988.
Mayor Scruggs asked Mr. Tindall to clarify before they went any further.
Mr. Tindall explained the City Charter serves as a source of law for the City of Glendale which
was similar to the Constitution of the State. It provides the ability to govern to the extent that it
was not inconsistent with the legislature. He noted ordinances have to be consistent with the
Charter or they are not valid. He explained ordinances were the law of the city and added
Resolutions are non-legislative acts and constitute the will of Council. Mayor Scruggs asked if
ordinances become part of the Charter. Mr. Tindall responded no. Mayor Scruggs noted the
state can preempt their Charter and had been doing so regularly.
Councilmember Alvarez asked if the bidding process was consistent with the Charter. Mr.
Tindall stated he was not aware of any purchasing ordinances that were not consistent with the
Charter. Councilmember Alvarez asked if the city required bids for everything that happened
with the city as per the Charter. Mayor Scruggs read directly from the Charter specific to
Councilmember Alvarez's concern. She explained the Charter directs the Council to establish by
ordinance formal guidelines regulating the purchase of goods and services to the city. She
suggested someone meet with Councilmember Alvarez and show the ordinance that has been
developed and voted on by City Council to her.
Councilmember Alvarez asked if the city bids out for lawyers or are they selected. Mr. Tindall
indicated that professional service contracts are not bid out under the ordinance. Councilmember
Alvarez asked if the contract to take care of the Coyote arena was bid out. Mr. Tindall explained
that the contracts with the management services were consistent with the ordinance and he would
be happy to discuss specifics with her at her convenience. Councilmember Alvarez stated she
would like clarification from legal. Additionally, she would like clarification on who decides
contracts on lobbyists since bids are not required. Mr. Tindall explained it depends on the
department and what services are provided. He added legal services would fall to the city
attorney. Mr. Tindall explained the legal department follows Council's directions. He indicated
that for some specific types of services, he would have the discretion, within reason, to
determine who would be the best individuals to render those types of professional services.
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Councilmember Alvarez remarked she was only trying to get answers to questions her
constituents are asking. They want to know where the city was spending taxpayer money and
why the city has hired two lobbyists for one issue. Mr. Tindall stated he would be more than
happy to set up a meeting and explain any specific issue with her.
Councilmember Clark asked a question and read from page one in the memo regarding Council
redistricting. She asked why current redistricting used equal numbers of population and not
electors per district. She wondered if the state mandated that it had to be an equal number of
electors and that was why there was this provision in the Charter. Additionally, if this was not
the case, why are they not following what is written in the Charter for redistricting? Mr. Tindall
explained the process and added the requirement that there be equal population comes from the
U.S. Constitution and federal law. He added there could be other parameters considered when
formulating the districts and one of those can be the number of electors. Councilmember Clark
explained her concerns on the population versus electors and reiterated her problem with not
reconciling the Charter with what they are doing as required by federal and state law. Mr.
Tindall reiterated this was not inconsistent with the Charter and once again explained the process
and that ultimately, it was based on population.
Councilmember Clark indicated this just highlights for her the fact that they have a Charter that
no longer reflects much of what was being done in the city. She suggested they consider a
citizens' charter review commission to look at the Charter and try bringing it into compliance
with actual practices occurring within the city. This committee can meet periodically every ten
years.
Councilmember Lieberman, following on the same topic as Councilmember Clark, read from the
Charter stating the office of Mayor will commence in December; however, they have moved that
to January. Mr. Tindall explained the state legislature passed a law which preempted the city's
Charter so the change was required. Councilmember Lieberman read from the Charter referring
to a very important paragraph left out when the change occurred which noted the definition of
the Council. Councilmember Clark asked if there was any support for a periodic Charter review
committee. Councilmember Lieberman agreed.
Councilmember Knaack explained to Councilmember Lieberman that not all resolutions were
included in the summation changes he was reading from. As for forming a committee, she
would like further information on what changes the current Council or staff thought needed to be
made. Councilmember Clark cited other actions not stated in the Charter that were currently
being done regarding the Mayor's office and Councilmember duties. She believes clear
guidelines need to be established and clarified in the Charter.
Mayor Scruggs explained many cities place Charter revisions on their ballots on a regular basis
for clean up and administrative matters. She believes a citizens' Charter review committee
would be much more comprehensive and look to change the way government occurs in the city.
She indicated some changes have occurred by vote of the public regarding the salaries and term
of the Mayor and Council, which is reflected in the City Charter. She stated other changes that
have been preempted by the state are not in the city Charter. She remarked the city can change
any inconsistencies to reflect them in the Charter and have it voted on by the public. She stated
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the issues mentioned thus far can be done administratively to make the Charter a more useful
document if the Council decides to do so. Councilmember Clark reiterated her comment of the
importance of having a citizens' Charter review committee to take up issues that have been
floating around for a long time.
Councilmember Martinez agreed they should look at the Charter administratively and possibly
have referendums that can address some issues. Therefore, he does not believe they need a full
review of the whole Charter by a committee at this time. Mayor Scruggs asked Councilmember
Alvarez if she was satisfied with the discussion on this item. Councilmember Alvarez noted she
was not satisfied, however, will accept it. Mayor Scruggs asked if she would like to continue the
discussion. Councilmember Alvarez replied no, even though she does not like the answer.
Mayor Scruggs called for the next item, Reimbursement for Ticket Purchases.
Mayor Scruggs stated her concerns about Councilmembers who RSVP when a table cost the city
$500 to $1000. She explained there seemed to be no financial responsibility when they decide
not to show up. Therefore, she believes if an elected official RSVPs and chooses not to show up,
the cost of that person's seat and their spouse's should be deducted from their budget. Ms. Krey
responded that determination can be done at the discretion of the Council.
Councilmembers Knaack, Martinez and Frate all agreed with Mayor Scruggs. Mayor Scruggs
noted that in the future, if anyone RSVPs and does not show up, they will be deducted the cost.
Councilmember Clark stated her understanding of the issue, however, what if someone is sick
and cannot call. She believes this was a non-issue since she cannot believe this happens very
often. She thinks this was being portrayed as a much bigger problem than it was. Mayor
Scruggs suggested they also include in the amendment exceptions for extenuating circumstances
that would be taken into consideration. Councilmember Knaack remarked that when she first
was appointed to Council, she could not believe how much this occurred and believes it was very
disrespectful to the city's money. She stated it has happened a lot; however, in the last year,
there have not been many invitations,possibly because of the economy.
Councilmember Alvarez noted if the city were to do away with the city's community events
budget, they would not have this problem. She added should the Mayor or Councilmembers
decide to attend an event; they should pay out of their private funds since they receive a salary.
She believes this should be done in a time of furloughs and bad economy. She remarked that one
should never RSVP when they are not going to attend. She added she herself does not care for
ribbon cutting events.
Mayor Scruggs asked Mr. Beasley to explain the community event budget and why the city
purchases tables and the expectations of doing that. Mr. Beasley stated he did not have the list of
events at the moment; however, he will be happy to provide the list and explain the process and
the purpose behind it. He provided an example of the value and importance of having the city's
presence at these types of events. Councilmember Alvarez stated she chooses very carefully
which events she attends and which she deems important and pays for them herself out of her
personal budget.
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Councilmember Martinez commented on the importance of attending some social events and
having an official presence from the city. As for ribbon cutting events, no cost is associated with
the event; therefore they are not an issue. Councilmember Knaack remarked that if someone is
to receive an award from an organization, they need to be present.
Mayor Scruggs summarized that in the future, if anyone RSVPs to an event and does not attend,
they will be charged from their personal funds for their seats, unless they have extenuating
circumstances. There was unanimous support for this proposal.
Mayor Scruggs ask for new Items of Special Interest.
Councilmember Lieberman stated his item had been turned down before; however, he would still
like to request $1,500 for Glendale's Veterans Coalition ceremony on November 6th at Westgate.
If not, he would like the city to consider waiving the permit fees for the event.
Councilmember Clark asked for an update for the prescription card discount program Council
approved. Mayor Scruggs directed staff to update Councilmember Clark.
Councilmember Alvarez asked staff to examine how to bring the State Special Olympics to
Glendale, similar to what Mesa and Peoria have formed. Additionally, she would like staff to
finds ways to bring more festivals to the downtown area such as Oktoberfest and a Mexican
Fiesta. Councilmember Knaack commented that some surrounding cities have held various
Special Olympic events.
Mayor Scruggs stated her request was for complete and specific information on what the city's
expenses would be to operate the city-owned arena without the Coyotes hockey team as the
anchor tenant. This request was specific to inform the public and Council on the clear and
transparent facts on this matter. She explained that on May 11, 2010 and again on May 10, 2011,
Council agreed to provide $25 million to the hockey league to cover expenses for their
management and operation of Glendale's arena. She noted that in 2010 the Council vote was
unanimous, however, in 2011 the vote was split 5 to 2. In both instances, Council relied on
information and assurances from management that without the expertise of a professional
management organization, the city would have to assume the cost internally within the operating
budget. She stated information was posted on the website explaining Glendale's agreement with
the NHL; however, the information provided to the public has not been disseminated effectively,
nor been enough. She explained just as the Council no longer unanimously supports the
agreement for management and operations, she sees continued diminished support from
residents. She stated that a further deterioration of public understanding has occurred because
the issue has been allowed to be characterized as the city paying for hockey team losses. She
remarked this type of citizen concern must be addressed fully and as quickly as possible. She
requested staff to put together a presentation for the next Items of Special Interest workshop to
show the facts of the costs Glendale would incur if it had to manage the arena including the
offsets of any revenue generated. Additionally, the damage if the team was no longer the main
anchor tenant, as well as what expenses are being paid with the taxpayer's $25 million and the
cost if a professional management team was not involved. Mayor Scruggs stated to those who
would ask why this information cannot be provided sooner, this is the only forum/manner in
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which a request such as this can be made and have it acted upon. For sound reasons,
administrative staff does not respond to complex and time-consuming requests from a single
member of the City Council but rather from a majority. A majority of the City Council cannot
decide to make a request in other than an open meeting without violating the Open Meeting Law.
These quarterly opportunities for Council to present their requests are in compliance with the
above limitations.
Mayor Scruggs stated her second request is that a citizens' task force be formed to learn about,
study, analyze and present recommendations, if they deem appropriate, on Glendale's water and
sewer rates and policies. She explained this was another area where citizen dissatisfaction and
lack of confidence have grown greatly. The imposition of two rate increases in less than twelve
months was the greatest catalyst for citizens' concerns. While the announcement that there will
be no rate increases this year is welcome, it is also confusing because it contradicts the reasons
given for why the previous two rate increases were absolutely unavoidable. This request is also
one that is not tied to the city's budget process. Rates for utilities services have always been a
matter of concern --- particularly the cost of water. When she first ran for Glendale City
Council, the negative issue voters raised most often had to do with their water rates. This was in
1990. The provision of utilities and the pricing for those services is extremely complex. The
Mayor expressed her wish for the residents to have the opportunity to learn as much as they can
about how the city of Glendale buys water, cleans it, distributes it to every household and
business in the city, disposes of it, meets all governmental regulations, assures that there will be
enough water for future residents and businesses, and conserves precious resources. She noted
that she first discussed the idea for a citizens' task force with the City Manager last fall. He
brought up valid issues that the Utilities Director had left and a replacement had not been hired
and that staff's time was limited due to the reduction in workforce and the mandatory furlough
days. The City now has a Utilities Director and furlough days are going to be reduced. Mayor
Scruggs requested that staff provide information on how a citizens' task force can be structured
and staffed at the next workshop that includes Council Items of Special Interest. She expressed
the hope that a majority of the Council will agree that this will be a valuable component of the
city's commitment to citizen participation.
Mayor Scruggs stated her third request was for staff to examine if the city has kept up with new
technology. She asked if the city was ready to go paperless similar to how other cities have
opted to save paper and money. In particular, a portal was going to be set up by the RPTA for
committee members and the question was asked if all members had the technological
capabilities. Mr. Beasley explained four years ago making the agenda paperless was brought up;
however, at that time, Council decided they would rather have the documents. He added staff
can once again look into it. The Mayor asked if the city was ready to move forward with
technology if the various other entities that the city belongs to, move forward.
Councilmember Clark agreed everyone was moving to a paperless society and they should
follow suit. She noted in regards to the first special item request, she has all that information
regarding the Coyote's arena and expenses and all one has to do was research it. Mayor Scruggs
remarked she also has the information and she may have been misunderstood. She advised that
the information is on the website; however, believes the city has not been aggressive enough in
putting it out to the public and has allowed the media to mischaracterize the information. They
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have also allowed opponents, who chose not to support the Council's decision, to misrepresent
the city. Additionally, some believe this money can be used for parks and furlough days, which
was not the case. Somehow people do not seem to understand the facility needs to be managed
and does not run itself. She reiterated that the city has not done a good enough job of explaining
the reality of what will happen if the team leaves or if there is no anchor tenant and no revenue
but the city is still supporting the arena. She reiterated her request to staff. Councilmember
Clark asked that if what was being requested was a work plan for better publicity. Mayor
Scruggs said that was not what was being requested. What is being requested is a detailed
presentation of what expenses and revenues stay and/or go if the anchor tenant is not there. The
facility must be managed as it does not run itself; from cleaning to contracts with
concessionaires someone must ensure these things get done. Mayor Scruggs continued that a lot
of people want to comment on it; however, very few seemed to have the correct information.
Councilmember Alvarez asked if this will also be explained to the community. Mayor Scruggs
reviewed the Council Items of Special Interest process. She noted that once staff makes their
presentation to Council to review and develop a plan, anyone can watch it on the internet or
television and become informed. The Mayor does not believe the majority of the public
understands the actions taken by the Council have been to protect the City. Councilmember
Alvarez believes Mayor Scruggs was underestimating the public and thinks they do understand.
However, the city does need to do a better job of explaining why that money cannot be used for
anything other than the arena. Mayor Scruggs agreed that was exactly what she wants to explain
in order to restore the public's confidence. Councilmember Alvarez stated it was not a matter of
not believing the city, but of having proof on paper that the $25 million, and now the $50
million, cannot be used for anything else other than the arena. Mayor Scruggs agreed once
again. She reiterated that the next meeting of Council Items of Special Interest should include a
detailed report of what happens if the anchor tenant is not here and to include all expenses and
revenues that the City would then be responsible for or receive. The majority of Council agreed
to support the Mayor's requests.
2. CITY COUNCIL GUIDELINES: COUNCIL COMMITTEES
Mayor and Council adopted the City Council Guidelines at the May 26, 2009 Council meeting.
The Guidelines state that at the first workshop in June of each year Council will appoint
membership to standing Council committees for the following fiscal year.
Mayor Scruggs asked Councilmembers what committee they would like to serve on.
Councilmember Knaack stated she would like to retain her seat on the Sustainability Committee.
Vice Mayor Frate stated he would like to retain his seat on the Sustainability Committee.
Councilmember Clark stated she would like to stay on the Government Services Committee.
Councilmember Alvarez stated she would like a seat on the Government Services Committee, if
there is an opening.
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Councilmember Lieberman stated he would like to stay on the Government Services Committee.
Councilmember Martinez stated he would like to stay on the Government Services Committee.
Mayor Scruggs noted there was not an open seat on the Government Services Committee.
Councilmember Alvarez stated she will stay on the Sustainability Committee.
Mayor Scruggs indicated everyone will remain on the same committees and select their own
chairpersons.
3. CITY COUNCIL GUIDELINES: VICE MAYOR APPOINTMENT
Mayor and Council adopted the City Council Guidelines at the May 26, 2009 Council meeting.
The Guidelines state that at the first workshop in June of each year Mayor and Council are to
consider the appointment of a Vice Mayor for the following fiscal year.
As stated in the City Council Guidelines, if nominations are indicated by Councilmembers at this
workshop, a formal nomination and selection process will be placed on the agenda for the next
regular Council meeting.
Pursuant to City Council Guidelines, discussion of appointment of a Vice Mayor.
Mayor Scruggs asked for nominations for Vice Mayor.
Councilmember Knaack nominated Steven Frate as Vice Mayor for the next fiscal year.
Councilmember Alvarez nominated Phil Lieberman for Vice Mayor.
Mayor Scruggs explained these nominations will move forward to a formal nomination and
selection process to be placed on the agenda for the next regular meeting following the
workshop.
As no further business was discussed, Mayor Scruggs adjourned the meeting.
ADJOURNMENT
The meeting was adjourned at 5:10 p.m.
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