HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 9/13/2011 rig%
GLEN1E
MINUTES OF THE
GLENDALE CITY COUNCIL MEETING
Council Chambers
5850 West Glendale Avenue
September 13,2011
7:00 p.m.
The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Steven E. Frate
and the following Councilmembers present: Joyce V. Clark, Yvonne J. Knaack, H. Philip
Lieberman and Manuel D. Martinez.
Participating via telephone: Councilmember Norma S. Alvarez
Also present were Ed Beasley, City Manager; Horatio Skeete, 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 4 resolutions and 4 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 AUGUST 23, 2011 CITY COUNCIL MEETING
It was moved by Clark, and seconded by Martinez,to dispense with the reading of the minutes of
the August 23, 2011 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.
PROCLAMATIONS AND AWARDS
NATIONAL PREPAREDNESS MONTH PROCLAMATION
This is a request for City Council to proclaim September 2011 as National Preparedness Month
in the City of Glendale. National Preparedness Month is a nationwide effort sponsored by the
U.S. Department of Homeland Security and held each September to increase public awareness
about the importance of preparing for emergencies and to encourage individuals to take action.
Diane Lesser, a resident of Glendale and volunteer with the Glendale Citizen Corps Council will
be present to accept the proclamation.
1
This year's slogan for National Preparedness Month: "A Time to Remember - A Time to
Prepare" seeks to transform awareness into action by encouraging all Americans to take the
necessary steps to ensure that their homes, workplaces and communities are prepared for
disasters and emergencies of all kinds. This year marks the tenth anniversary of the 9/11 terrorist
attacks and we honor the memory of those who were lost that day.
Following the tragic events that occurred on that day, state and local government officials have
increased opportunities for citizens to become an integral part of protecting the homeland and
supporting the local first responders. Officials agree that the formula for ensuring a more secure
and safer homeland consists of preparedness, training, and citizen involvement. In that spirit, the
Glendale Citizen Corps Council, an organization dedicated to harnessing the power of Glendale
citizens to become involved in their community and to prepare for disasters and emergencies,
will participate in various community outreach events being held throughout the month.
The Glendale Citizen Corps Council was registered with the Federal Emergency Management
Agency in March 2011 through the Gateway International Institute (a non-profit organization)
and is sponsored by the Glendale Police Department Emergency Management Division. The
Council consists of several governmental, private, voluntary, faith-based, private non-profit, and
community civic organizations that work collaboratively to engage and bring to bear non-
governmental resources not normally used in disaster response and recovery operations, in order
to strengthen community safety and preparedness.
The recommendation is to present the proclamation to Diane Lesser, a resident of Glendale and a
volunteer with the Glendale Citizen Corps Council, proclaiming the month of September 2011 as
National Preparedness Month.
Mayor Scruggs invited Diane Lesser to the podium and presented the proclamation. Ms. Lesser
thanked the Mayor and Council for this proclamation. She stated this proclamation was just
another important public announcement that they must be prepared just in case a disastrous
situation arises. She named many of the members from the Glendale Citizen Corps Council who
work tirelessly, thinking outside the box to find ways to strengthen community safety and
preparedness. She explained the importance of everyone being prepared for a serious disaster.
CONSENT AGENDA
Items on the consent agenda are of a routine nature or have been previously studied by the
City Council at a work session. They are intended to be acted upon in one motion.
Mr. Ed Beasley, City Manager, read agenda item numbers 1 through 4 and Ms. Pamela Hanna,
City Clerk, read consent agenda resolution item numbers 5 through 8 by number and title.
1. SPECIAL EVENT LIQUOR LICENSE, SUN LAKES LIONS CLUB
This is a request for City Council to approve a special event liquor license for the Sun Lakes
Lions Club. The event will be held at Sahuaro Ranch Park located at 9802 North 59`h Avenue on
2
October 14 through October 16, 2011, from 10 a.m. to 5 p.m. The purpose of this special event
liquor license is for a fundraiser.
If this application is approved, the total number of days expended by this applicant will be three
of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the
Arizona Department of Liquor Licenses and Control may issue a special event liquor license
only if the Council recommends approval of such license.
The City of Glendale Planning, Police, and Fire Departments have reviewed the application and
determined that it meets all technical requirements.
Based on the 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. SPECIAL EVENT LIQUOR LICENSE, ST.LOUIS THE KING CHURCH
This is a request for City Council to approve a special event liquor license for St. Louis the King
Church. The event will be held at St. Louis the King Church located at 4331 West Maryland
Avenue on Friday, September 30, from 5 p.m. to 11 p.m.; and Saturday and Sunday, October 1
and 2, 2011, from 11 a.m. to 11 p.m. The purpose of this special event liquor license is for a
fundraiser.
If this application is approved, the total number of days expended by this applicant will be three
of the allowed 10 days per calendar year. Under the provisions of A.R.S. § 4-203.02, the
Arizona Department of Liquor Licenses and Control may issue a special event liquor license
only if the Council recommends approval of such license.
The City of Glendale Planning, Police, and Fire Departments have reviewed the application and
determined that it meets all technical requirements.
Based on the 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.
3. LIQUOR LICENSE NO. 5-2063, BORA BORA
This is a request for City Council to approve a person-to-person, location-to-location transferable
series 6 (Bar - All Liquor) license for Bora Bora located at 7018 North 54th Avenue. The
Arizona Department of Liquor Licenses and Control application (No. 06070099) was submitted
by Martha Chavez.
The location of the establishment is 7018 North 54th Avenue in the Ocotillo District. The
property is zoned C-2 (General Commercial). The population density within a one-mile radius is
19,467. This series 6 is a person and location transferable license, therefore, the approval will
3
increase the number of liquor licenses in the area by one. The current 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 2
09 Liquor Store -All Liquor 3
10 Liquor Store -Beer and Wine 8
12 Restaurant 14
14 Private Club 2
Total 31
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.
4. AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF
FACILITIES RENOVATIONS
This is a request for City Council approval of Amendment No. 1 to the Professional Services
Agreement with Langdon Wilson International, Inc. in an amount not to exceed $20,600 for
additional design and construction administration services for renovations to city buildings.
This project is consistent with Council's goal of one community with high-quality services for
citizens through the maintenance and support of public facilities such as the Glendale Main and
Velma Teague Libraries.
The original professional services agreement with Langdon Wilson included the design and
construction administration services for roofing at both the Main Library and Public Safety Court
Complex, and HVAC replacement at both the Airport and Velma Teague Library.
Last October, the city experienced a severe hail storm during which the Main Library roof was
damaged. Langdon Wilson is currently performing design and construction administration
services for a portion of the Main Library roof; this amendment would extend their services for
the design and construction administration of the additional roof repairs. Additionally, the
unique design of the Velma Teague Library necessitated electrical and system modifications
beyond the scope of the original project; this amendment allows for design and construction
administrative services for the modifications. Finally, the amendment allows for an extension of
time to complete the construction administration work.
4
On December 14, 2010, Council awarded a bid and authorized the City Manager to enter into a
construction agreement with J.E. Bowen Construction, LLC for facilities renovations to four city
buildings.
On February 9, 2010, Council approved a professional services agreement with Langdon Wilson,
Inc. for design and construction administrative services for facilities renovations to city
buildings.
The Main Library roofing repair expenses will be paid using insurance reimbursement money.
Funds for the Velma Teague Library HVAC modifications are available in the FY 2011-12
capital improvement budget. There are no additional operating costs associated with these
projects once completed.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X X $20,600
Account Name, Fund,Account and Line Item Number:
Facilities Maintenance, Account No. 1000-13450-518200, $16,855
Mechanical Upgrades, Account No. 2080-77509-518200, $3,745
The recommendation is to approve Amendment No. 1 to the Professional Services Agreement
with Langdon Wilson International, Inc. in an amount not to exceed $20,600 for additional
design and construction administration services.
CONSENT RESOLUTIONS
5. PIPELINE LICENSES WITH BURLINGTON NORTHERN SANTA FE RAILWAY
COMPANY
This is a request for City Council to adopt a resolution ratifying the entering into of three
pipeline licenses with the Burlington Northern Santa Fe (BNSF) Railway Company in an amount
not to exceed $27,300 for the operation and maintenance of water and sewer pipelines crossing
the rail corridor along Grand Avenue at Myrtle and Missouri Avenues.
The licenses address Council's goal of one community with high-quality services for citizens by
allowing for the maintenance and operation of the city's water distribution and wastewater
collection systems.
The city has an existing 16-inch waterline crossing the BNSF Railway right-of-way at the
Missouri Avenue alignment. Replacing a valve located on this waterline will improve
circulation and ensure the continued delivery of high-quality water in the area. This repair will
be made in conjunction with the Missouri Waterline Extension Project. This project is for the
construction of an 8-inch waterline on Missouri Avenue from 45th to Grand Avenues, and was
approved by Council on June 14, 2011.
5
The city also has existing 8-inch and 12-inch sanitary sewer lines that cross BNSF right-of-way
at Myrtle Avenue and Missouri Avenue, respectively. These pipelines and associated manholes
are to be rehabilitated with the Sewer and Manhole Rehabilitation Project previously approved
by Council on February 22, 2011. The rehabilitation work is necessary to maintain the integrity
of the collection system.
In order to perform the required repairs and rehabilitation within BNSF Railway right-of-way,
the city must have pipeline licenses with BNSF Railway Company for these three lines. These
licenses are perpetual and provide access for the inspection, testing, monitoring, and other
necessary activities required to operate and maintain the systems.
On June 14, 2011, Council authorized the City Manager to enter into a construction agreement
with Markham Contracting Co., Inc. for the construction of an 8-inch waterline on Missouri
Avenue from 45th to Grand Avenues.
On February 22, 2011, Council authorized the City Manager to enter into a Construction
Manager at Risk (CMAR) Agreement with Achen-Gardner Construction, LLC to provide
construction services for the Sewer and Manhole Rehabilitation Project Phases I and II.
Funding is available in the FY 2011-12 capital improvement plan. There are no operating costs
associated with the license agreements.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X $27,300
Account Name, Fund,Account and Line Item Number:
Sewer Line Replacement,Account No. 2420-63016-551200, $15,700
Water Line Extension,Account No. 2400-61027-551200, $11,600
The recommendation is to waive reading beyond the title and adopt a resolution ratifying the
entering into of three pipeline licenses with Burlington Northern Santa Fe (BNSF) Railway
Company in an amount not to exceed $27,300 for the operation and maintenance of water and
sewer pipelines crossing the rail corridor along Grand Avenue at Myrtle and Missouri Avenues.
Resolution No. 4509 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, RATIFYING THE ENTERING INTO OF THREE (3) PIPELINE
LICENSE AGREEMENTS WITH BURLINGTON NORTHERN SANTA FE RAILWAY
COMPANY ALONG GRAND AVENUE AT MYRTLE AND MISSOURI AVENUES.
6. AMENDMENT TO SALT RIVER PROJECT LICENSE
This is a request for City Council to adopt a resolution authorizing the City Manager to enter into
Amendment No. 1 to the Salt River Project (SRP) License No. 02013 for construction and
maintenance access near the Paseo Racquet Club for rain run-off controls.
6
Entering into the amendment supports Council's goal of one community with high-quality
services for citizens by accommodating construction and maintenance access and improving the
public use trail system within the city.
SRP has maintained a license for construction and maintenance access of berming and/or curbing
to control rain run-off from canal banks since 2001. This amendment extends the term of the
existing license to 2021.
On March 1, 2001, the City of Glendale and SRP entered into a License Agreement for
construction and maintenance access for flood control.
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
City Manager to enter into Amendment No. 1 to the Salt River Project License No. 02013 for
construction and maintenance access near the Paseo Racquet Club for rain run-off controls.
Resolution No. 4510 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
AMENDMENT NO. 1 TO THE SALT RIVER PROJECT LICENSE NO. 02013 FOR
ACCESS NEAR PASEO RACQUET CLUB FOR CONSTRUCTION AND
MAINTENANCE ACCESS FOR RAIN RUN-OFF CONTROLS.
7. INTERGOVERNMENTAL AGREEMENT WITH ARIZONA STATE UNIVERSITY TO
JOIN THE VALLEY WIDE COALITION
This is a request for City Council to adopt a resolution authorizing the City Manager to enter into
an intergovernmental agreement (IGA) with Arizona State University. The IGA allows the
Arizona State University Police Department to join the Valley Wide Coalition, which assists the
Glendale Police Department with public safety services and security for events at the University
of Phoenix Stadium.
Entering into this IGA supports Council's goal of one community committed to public safety for
citizens and visitors by ensuring a high level of public safety coverage at large events in the
Stadium.
The Valley Wide Coalition creates a positive partnership with other law enforcement agencies
and provides cooperation for police services needed at Stadium events. There are currently
fourteen valley police agencies participating in the Valley Wide Coalition.
On October 27, 2009, Council authorized the City Manager to enter into an IGA with the City of
Chandler to join the Valley Wide Coalition.
On March 10, 2009, Council authorized the City Manager to enter into IGAs with thirteen
agencies to join the Valley Wide Coalition. The participating law enforcement agencies are the
police departments from: Avondale, El Mirage, Goodyear, Peoria, Phoenix, Scottsdale, Surprise,
7
Tempe, Tolleson, Wickenburg, Youngtown, Arizona Department of Public Safety and Maricopa
County Sheriffs Office.
Through these partnerships, the Glendale Police Department and all participating law
enforcement agencies are working together to ensure that citizens and visitors to the Stadium
continue to experience a safe environment while attending events.
The recommendation is to waive reading beyond the title and authorize the City Manager to
enter into an intergovernmental agreement with Arizona State University.
Resolution No. 4511 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 ARIZONA STATE UNIVERSITY
TO PROVIDE PUBLIC SAFETY SERVICES AND SECURITY FOR THE UNIVERSITY
OF PHOENIX STADIUM IN GLENDALE.
8. INTERGOVERNMENTAL AGREEMENT WITH THE ARIZONA DEPARTMENT OF
TRANSPORTATION FOR THE GRAND CANAL MULTI-USE PATHWAY
This is a request for City Council to adopt a resolution authorizing the City Manager to enter into
an intergovernmental agreement (IGA) with the Arizona Department of Transportation (ADOT)
for the design and construction of the Grand Canal multi-use pathway.
This request supports Council's goal of one community with high-quality services to citizens by
improving and providing transportation options within the city.
The planned 1.5-mile extension of the Grand Canal multi-use pathway is referenced in
Glendale's Bicycle Plan, the Parks and Recreation Master Plan, and the Maricopa Association of
Government's West Valley Multi-modal Transportation Corridor Master Plan. The plans call for
the extension of the Pathway from the Loop 101 to the proposed New River pathway, following
the Bethany Home Road alignment. Completion of this extension will connect southwest
Glendale and the Sports and Entertainment District to trails in Phoenix and the West Valley.
This IGA with ADOT secures federal funding that will be used for design and construction
slated for FY 2013.
On October 13, 2009, Council authorized the City Manager to enter into a professional services
agreement with CH2M Hill, Inc. for design of multi-use pathways along the Grand Canal and
New River, as well as bike lanes on Maryland Avenue from 67th to 75th Avenues.
Allowing users of multi-use pathways to avoid busy arterial streets will continue to enhance user
safety and provide multi-modal transportation options for Glendale residents.
8
The Grand Canal multi-use pathway will connect to the New River multi-use pathway, provide
connectivity with the city's bicycle system, and enable residents of southwest Glendale to enjoy
bicycle access to Phoenix, and other West Valley cities.
In January 2011, 487 public input newsletters were sent to all residents within one-half mile of
the Grand Canal multi-use project seeking comments. Eight comments received from the public
were all in support of the project.
In 2001, voters approved a half-cent transportation sales tax ballot, which included the Grand
Canal multi-use pathway. This project was also reviewed and approved for inclusion in the GO
Transportation Program by the Citizen Bicycle Advisory Committee and the Citizens
Transportation Oversight Commission.
Funding for design will be available from ADOT using federal Congestion Mitigation and Air
Quality funds in the amount of$250,000. Matching funds for the design are available in the FY
2011-12 capital improvement plan in the amount of$47,562. Funding for construction will be
provided by ADOT using federal Grand Canal multi-use pathway in the amount of $500,000.
Matching funds for the construction are available in the FY 2011-12 capital improvement plan in
the amount of$356,361.
The operating costs associated with the construction of this project will be absorbed by the GO
Transportation operating budget.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X X $1,153,923
Account Name, Fund,Account and Line Item Number:
DS Multiuse Path: Grand Canal, Account No. 1650-67526-551200, $250,000
Multi-Use Pathway Grand Canal, Account No. 2210-65030-551200, $47,562
Multi-Use Pathway Grand Canal, Account No. 2210-65030-550800, $356,361
A specific project account will be established in Fund 1650,the city's Transportation Grants fund,
once the following IGA is formally executed, $500,000
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
City Manager to enter into an intergovernmental agreement with the Arizona Department of
Transportation for design and construction of the Grand Canal multi-use pathway.
Resolution No. 4512 New Series was read by number and title only, it being A
RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF
AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA,
DEPARTMENT OF TRANSPORTATION, FOR THE DESIGN AND CONSTRUCTION
OF A PATHWAY ALONG THE GRAND CANAL AND BETHANY HOME ROAD AND
OUTFALL CHANNEL.
9
It was moved by Frate and seconded by Knaack, to approve the recommended actions on
Consent Agenda Item Nos. 1 through 8, including the approval and adoption of Resolution
No. 4509 New Series, Resolution No. 4510 New Series, Resolution No. 4511 New Series, and
Resolution No. 4512 New Series; and to forward Special Event Liquor License Applications
for Sun Lakes Lions Club and St. Louis the King Church and Liquor License Application
No. 5-2063 for Bora Bora to the State of Arizona Department of Liquor Licenses and
Control,with the recommendation for approval. The motion carried unanimously.
Mayor Scruggs asked to comment on how the Council decides which projects move forward
while others do not. She explained this item which is a pathway along the Grand Canal and
Bethany Home Road and Outfall Channel was a good example of how it works. This item
started in 2001 when the voters approved a 1/2 cent transportation sales tax ballot for the city
which included this project, the Grand Canal multi-use pathway. In 2009, Council authorized
the city manager to enter into a professional services agreement. She noted that funding for the
design will be available from ADOT using federal Congestion Mitigation and Air Quality funds
in the amount of$250,000. Matching funds for the design are available from the city in the FY
2011-12 capital improvement plan. The City of Glendale will enter into an intergovernmental
agreement with the Arizona Department of Transportation for design and construction of the
Grand Canal multi-use pathway slated for 2013. She reiterated this was a good example of how
this project was selected and put in motion by the voters many years ago; however, the city still
had to wait until all the funding pieces were in place to move forward.
PUBLIC HEARING- ORDINANCES
9. REZONING APPLICATION ZON11-01: 9802 WEST BETHANY HOME ROAD
(ORDINANCE) (PUBLIC HEARING REQUIRED)
Jon Froke, AICP, Planning Director, presented this item.
This is a request for City Council to conduct a public hearing and adopt an ordinance to amend
the permitted land uses for the property located at the northwest corner of Bethany Home Road
and the Loop 101 Freeway.
The proposed rezoning is consistent with Council's goal of one community with quality
economic development by applying innovative approaches to development efforts.
The property is an existing Planned Area Development comprised of 17.9 acres. The proposal
incorporates additional land uses, allowing more flexibility for developing the property. The
purpose is to enhance economic development opportunities by including land uses with an
emphasis on commercial retail, hotels, entertainment, and professional offices.
The Planning Commission recommended approval of ZONI 1-01, on July 7, 2011, subject to the
stipulations contained in the staff report.
Approval of this project will provide more flexibility in developing this site.
10
A Notice of Public Hearing for the City Council hearing was published in The Glendale Star on
August 25, 2011. The property was posted on August 26, 2011. Notification postcards of the
public hearing were mailed to adjacent property owners and interested parties on August 26,
2011. No issues arose out of the Citizen Participation process.
The recommendation is to conduct a public hearing, waive reading beyond the title, and adopt an
ordinance for rezoning application ZON11-01, subject to the stipulations as recommended by the
Planning Commission.
Mayor Scruggs opened the public hearing on Agenda Item No. 9.
As there were no comments,Mayor Scruggs closed the public hearing.
Ordinance No. 2781 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 THE DEVELOPMENT PLAN FOR THE PLANNED
AREA DEVELOPMENT LOCATED AT 9802 WEST BETHANY HOME ROAD;
AMENDING THE ZONING MAP; AND PROVIDING FOR AN EFFECTIVE DATE.
It was moved by Clark, and seconded by Lieberman, to approve Ordinance No. 2781 New
Series. Motion carried on a roll call vote,with the following Councilmembers voting"aye":
Alvarez, Clark, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members voting
"nay": none.
ORDINANCES
10. SALT RIVER PROJECT POWER DISTRIBUTION EASEMENT AT O'NEIL PARK
Larry Broyles, P.E., City Engineer, presented this item.
This is a request for City Council to adopt an ordinance authorizing the City Manager to enter
into a Power Distribution Easement in favor of Salt River Project(SRP) located at O'Neil Park.
This request supports Council's goal of one community with high-quality services for citizens by
accommodating construction and maintenance access for SRP to maintain and provide electrical
service to the community.
This easement will allow SRP to operate and maintain facilities for the transmission and
distribution of electricity along the Easement Parcel.
The recommendation is to waive reading beyond the title and adopt an ordinance authorizing the
City Manager to enter into a Power Distribution Easement with Salt River Project at O'Neil
Park.
Ordinance No. 2782 New Series was read by number and title only, it being AN
ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA
11
COUNTY, ARIZONA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
POWER DISTRIBUTION EASEMENT IN FAVOR OF SALT RIVER PROJECT
LOCATED AT 65th AND MISSOURI AVENUES; AND ORDERING THAT A
CERTIFIED COPY OF THIS ORDINANCE BE RECORDED.
It was moved by Clark, and seconded by Martinez, to approve Ordinance No. 2782 New
Series. Motion carried on a roll call vote,with the following Councilmembers voting "aye":
Alvarez, Clark, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members voting
"nay": none.
11. SALT RIVER PROJECT GROUNDWATER WELL EASEMENT
Larry Broyles, P.E., City Engineer, presented this item.
This is a request for City Council to adopt an ordinance granting a groundwater well easement in
favor of Salt River Project (SRP) on city-owned property, within the Barrel District. The
easement will enable SRP to abandon an existing well (SRP R/W#1425) at this location and drill
a new well.
This request supports Council's goal of one community with high-quality services for citizens by
enabling SRP to provide irrigation service to the community and provide the city's Water
Services Department with an additional source of groundwater.
SRP currently has a well located on the subject city property; however, it is currently not in
service. SRP would like to re-drill the well in a different location on the property in order to
access higher quality water. The subject easement will encompass the new well location and is
necessary for SRP's ingress/egress, and to protect SRP's facilities in this location. SRP is also
giving the city an option to connect to the new well providing an additional source of
groundwater to the city's water distribution system.
The recommendation is to waive reading beyond the title and adopt an ordinance granting an
easement in favor of Salt River Project on city-owned property, located within the Barrel
District,to enable the installation of a new groundwater well.
Ordinance No. 2783 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
EXCLUSIVE IRRIGATION FACILITIES AND WELLSITE EASEMENT IN FAVOR
OF SALT RIVER PROJECT IDENTIFIED AS SRP R/W# 1425; AND ORDERING
THAT A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED.
It was moved by Knaack, and seconded by Martinez, to approve Ordinance No. 2783 New
Series. Motion carried on a roll call vote,with the following Councilmembers voting"aye":
Alvarez, Clark, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members voting
"nay": none.
12
12. REDISTRICTING ORDINANCE
Pamela Hanna MMC, City Clerk, presented this item.
This is a request for City Council to adopt an ordinance designating new Council districts by
amending the City Code of the City of Glendale, Chapter 2, Article 2, Section 1, and declaring
an emergency.
This item addresses Council's goal of one community with high-quality services for citizens by
creating districts that ensure the public's voting rights will be protected.
On March 10, 2011, current figures were released by the United States Census Bureau.
Glendale's population grew to 226,721. Based on the new Census population of Glendale, the
ideal district should contain 37,787 persons (the total population divided by six Council
districts). The City Charter requires that redistricting be done at least every ten years and, in
order to be on the county ballot, Maricopa County requires the redistricting plan be submitted by
October 1, 2011. Any changes to voting districts are required to be approved by the United
States Department of Justice.
On September 6, 2011, Council reviewed draft plans and a consensus was reached to forward
one map for approval.
On August 16, 2011, Council reviewed draft plans and citizen input. Council suggested changes
to the National Demographics Corporation (NDC) drawn maps A, B, and C.
On May 24, 2011, Council adopted the criteria to be used in the redistricting process.
On May 17, 2011, Council reviewed and discussed the criteria to be used.
On April 26, 2011, Council awarded the proposal to NDC.
On April 5, 2011, Council discussed redistricting.
Redistricting protects voters' rights by ensuring population equality in Council districts.
An aggressive public outreach plan was instituted. Meetings were held in each of the six current
Council districts between June 20 and July 18, 2011. An additional city-wide workshop took
place for citizens to draw their own maps and submit additional comments. A total of 134
people attended the meetings and workshop.
Advertisements for the meetings were placed in a number of newspapers including The Glendale
Star, Glendale Republic, La Voz, Prensa Hispania, The Arrowhead Independent and
Thunderbolt. Additionally, a citywide mailing containing information about redistricting and
notice of the public meetings was sent to every household in Glendale and included housing on
Luke Air Force Base.
13
A comprehensive bilingual redistricting webpage, in English and Spanish, was developed and
social media messages and press releases were distributed regularly.
Two segments were filmed for "Glendale from A to Z" containing information about
redistricting and associated activities. The segments aired on Glendale's Channel 11 and are
available on the Redistricting webpage as well as the Glendale 11 Video Library.
Additional mailings, emails, notices and press releases were sent to show the changes to the
maps, as well as request additional comments from the public on the changes.
To date, the City Clerk Department has received 11 maps drawn by the public, approximately 35
comments, as well as over 1800 visits to the webpage and over 600 views of Plans A, B and C.
The recommendation is to waive reading beyond the title and adopt an ordinance designating
new Council districts by amending the City Code of the City of Glendale, Chapter 2, Article 2,
Section 1, and declaring an emergency.
Ms. Hanna stated tonight is the night that the council will be considering an ordinance to adopt a
redistricting for the City of Glendale. She said the process began on April 5th at a city Council
workshop when Council was presented with the results of the 2010 census. The City Council has
received a fact sheet, with all of the details of the public outreach. She noted that multiple city
departments,the redistricting committee and the consultants participated in the process.
Ms Hanna stated for the city to be on the county's ballot for the 2012, the submittal deadline for
the redistricting submittal is October 1St.
Dr. Heslop stated the cityis at the final stage of a very successful redistricting process.
Redistricting is often a very difficult subject for governments, cities, perhaps in particular. He
believes the city's redistricting process was successful because it was inclusive, open to public
participation and professionally conducted. There were two parts to the outreach process
conducted by the City Clerk's Office. The first part was the print media approach to outreach.
Mailings went to 88,950 households which informed them of the public meetings and the
schedule. The City Clerk Department issued 260 paper kits to involve people in the development
of maps, and utility connection mailers went to 52,000 households. Many news releases were
developed, nine to print newspapers, 11 to television and 18 to radio. And for each of the public
meetings, there were ads taken in six different newspapers. Special efforts were also made to
contact the Hispanic community; seven news releases went to 21 Spanish language outlets.
Advertising was placed in the two Spanish newspapers with the greatest market share. And all
news ads went out in both Spanish and English and translators were present at all meetings. The
second part was the electronic outreach conducted by the city. The city website had excellent
information and it was frequently updated. Emails went to neighborhood groups: 841
recipients; emails went to Parks and Recreations participants: 3,548 participants; and there was a
constant use of social media, Facebook and Twitter. Some of the effectiveness of this electronic
outreach was able to be measured. It resulted in 2,194 public views of the redistricting
information. It resulted in 758 public views of the maps that were drawn. The key, the heart of
the process, was the public meetings and the involvement of citizens in developing maps and
14
making comments. 134 citizens attended public meetings, 86 submitted comments, and 11
actually drew maps.
Dr. Heslop continued that he had commented some many weeks ago that the redistricting process
in Glendale this time had attracted perhaps a little less interest than in the past, perhaps because
the population shifts were not as great. However, he believed that recently, interest and intensity
had picked up. In the past three weeks, 37 comments were received on maps A through G. At
City Council's September 6 Workshop, the Council seemed clearly to favor map D. He
continued that map D has also been favored by a very clear majority of members of the public.
Of the 37 comments received recently, 18 were for plan D, plan F was a distant second, with
only eight favorable and plan A, third with only five. He stated that another reason for thinking
the redistricting process was a success, in this case, was that the Council and interested members
of the public seemed to be in step and seemed to be favoring the same map.
Councilmember Alvarez asked how many people had attended the public meetings, to which Dr.
Heslop responded that 134 persons actually attended the public meetings and the technical
workshop that was held.
Councilmember Alvarez said the City Clerk made every effort to do public outreach. However,
there was little response received and she couldn't favor any plans. She stated the Ocotillo
district will become a Hispanic district and the plan segregates the community. She expressed
concern that the redistricting will lower voter turnout. She said Plan D would prove to be a form
of segregation but since this is going to the Department of Justice, they will catch it. She
continued the city promotes diversity, but on the contrary, there is no diversity for Ocotillo. She
knew the city had done all it could to inform the residents of the meetings, but residents did not
show up. Councilmember Alvarez said the city needs a better plan. She said that, while keeping
in mind the best intentions for the city and Ocotillo, she could not support plan D.
Vice Mayor Frate asked Dr. Heslop to explain the voting rights act including why the city had
conducted outreach, why this plan is being considered for approval and why the deviation
percentage is within 0.97%?
Dr. Heslop asked to first respond to Councilwoman Alvarez's statement. He explained the fact
that the voter turnout in Ocotillo is lower than in some other districts, was not something the city
can take into account when equalizing the population of the districts. The first task was to
equalize total population. The second task was to equalize total population among the districts in
such a way that it does not hinder, but enhances minority access, minority representation. These
are the two federal mandates under which the redistricting process must take place, equal
population, and respect for the voting rights act. The voting rights act requires the city to be
aware of ethnicity and requires preservation of Ocotillo as a district where a Hispanic
representative has a fair chance of winning an election. If the city engages in retrogression from
the benchmark standard in Ocotillo, it breaks the law. If the city adds to the Hispanic population
of Ocotillo in such a way that future candidates can have a fair chance at winning elections, then
the Department of Justice will certainly approve its plan. The city needs those two criteria to be
met, and met properly and in full. He said that plan D does exactly that.
15
Councilmember Lieberman said he really liked plan E because it did not disturb Cactus District
one bit, but plan D was as close to that as he could get. So, he could live with plan D. He
thanked Gary Sherwood, who is in the audience, for his great letter and also thanked a very good
friend of his and his house sitter who would be put in Cactus district in plan D. He noted several
advantages to Plan D concluding that he would vote for plan D.
Councilmember Martinez thanked Dr. Heslop and the staff involved in the redistricting process.
He stated plan D worked very well for him and did for most everybody. He added plan E
certainly would have worked also. He said the thing that is really heartening for him was that
there was no public outcry from the public saying that, no they really don't like this one or they
didn't like that one. The citizens submitted their comments; some submitted their maps and that
was appreciated as it took a lot of time. He noted the process, the way it was handled, was very
smooth. Everyone was given the opportunity to comment and the city came up with a plan that
will serve it well for the next 10 years.
Councilmember Alvarez said the city did a fine job with the publicity and outreach, however less
than 150 people were heard from. The city cannot make a decision with such a low number of
comments. The city needs a plan that will be good for all of Glendale. She said removing two
areas that are not Hispanic areas from one district is a form of segregation. She continued that
this is breaking districts all over the place and not that much in Arrowhead. She hoped it all goes
well but could not approve something the public did not approve.
Councilmember Clark said with the first round of maps, A, B, and C, she could only support map
B because it did not divide the O'Neil Neighborhood. The O'Neil Neighborhood from 59th to
67th, Camelback to Bethany, was a recognized community of interest. She noted with the second
round of maps, she could support plans D, E and G which all recognized O'Neil Neighborhood
as a compact community of interest.
Councilmember Clark explained some of the effects of moving a district line. She said that she
understood Councilwoman Alvarez's concern about losing some white population which
increased Hispanic population in her district. However, Yucca district had grown the most in the
past 10 years. Its population was far, far more than any of the other districts. It was inevitable
that Yucca district would have to shrink and there was only one way it could shrink - westward.
So, it was inevitable that it was going to change the Cactus/Ocotillo boundaries. She said there
really was no way other than to accept a boundary change that works, but that protects O'Neil as
a community of interest.
Councilmember Clark said that having gone over all of these maps and listening to the comments
and reading the comments from the citizens who participated, she could support any one of four
plans as stated earlier. However, she knew other Councilmembers were happier with the
boundaries of Cholla and Sahuaro with plan D so she would support that one as well.
Councilmember Martinez commented when he came on the Council back in 1996, the southern
boundary for Cholla came down to Thunderbird. In the 2000 redistricting, there was a big shift
because Cholla was expanding and growing, ultimately, the southern boundary came down to
16
part of Greenway then it went to Bell Road. He noted now it's going the other way and possibly,
come 2020, it may even shift more.
Mayor Scruggs said in all the discussions Council had about redistricting, discussion about
Sahuaro and Cholla was almost non-existent except for the West Glen Home Owner's
Association Neighborhood which wanted to stay in the same district. There was no discussion
about Arrowhead Ranch or Cholla or Sahuaro. She said the first time she heard about it was in a
story in the Arizona Republic, with the headline "North Glendale Kept Intact".
She thought where did that come from, that wasn't even one of our discussion points. She said
now Councilmember Alvarez said she recognized it protects Arrowhead Ranch and
Councilmember Clark said it protects Cholla and Sahuaro. She noted that she had plans D, E,
and G in front of her. She hadn't spent as much time with the maps as the Councilmembers
because they know their districts the best and she was listening to their input. However, looking
at plans D, E, and G, it appeared to her, there was no difference in Cholla and Sahuaro districts
and this was not about not splitting up Arrowhead Ranch. She asked Dr. Heslop to help her
understand why the headline on the Arizona Republic was the city's preserving the north and
Councilmember Alvarez thinks the city was doing this to save Arrowhead Ranch. She
recognized Dr. Heslop made a comment about Cholla and Sahuaro being preserved, but it looks
like both are preserved whichever way you go, of the three plans that are acceptable
Dr. Heslop replied that he could not take responsibility for the Arizona Republic's story. Mayor
Scruggs agreed. Dr. Heslop said he found it strange as well but the point was that the shift of
population from the north must come down through that narrow bottleneck which was made up
of Ocotillo and Cactus. He said it is a misperception of reality to focus on the north where the
redistricting problem was essentially very easily solved. The changes in the north involved a
simple trade of territory which was done to everyone's satisfaction. The changes that took place
in Cactus and Ocotillo were complex, and he noted there will be more changes in the next decade
because there will be growth in Yucca. Population will move down to equalize this again, and
again it will move down through that bottleneck. Dr. Heslop said as population moves through
Ocotillo, the city has to be extremely careful to protect the chances for future Hispanic leaders.
He noted Councilwoman Alvarez was a veteran community leader, but what about novice
leaders in the future? That's the sort of thing that the city was required by the Department of
Justice to pay attention to and it was the fundamental rationale for the retrogression standard. He
added that he couldn't explain the focus on the north because the action was, in fact, all done
toward the south and the west.
Mayor Scruggs responded that at the very first redistricting workshop, she, Councilmember
Lieberman and Councilmember Clark all commented that's where the shift would be, so to
suddenly say the city did all this to protect the north, was just really astounding.
Councilmember Clark replied the only reason that she had made reference to Cholla and Sahuaro
was the discussion that Councilmember Martinez and Vice Mayor Frate had at the first
workshop. They both agreed to the boundary between them.
17
Mayor Scruggs said that was really solved in the four plans that came as a result of everybody's
comments in those workshops and then the Council narrowed it down to three because of the
O'Neil Park issue,which we all acknowledged was a recognized community of interest.
Councilmember Knaack noted the Barrel District was in the middle of Glendale. She thanked Dr.
Heslop and all the staff involved in the redistricting process. She thanked the Barrel residents
because they really turned out. Barrel had probably the biggest turnout and she was proud of the
residents. They're involved, in tune and want to be a part of the process. She said from the very
beginning that she would represent whoever she got. She said she believed most of the Council
feels that way.
Mayor Scruggs congratulated her colleagues because she knew how hard they worked to reach
out to their constituents, to involve them, to create a sense of urgency and to get their input. She
also congratulated city staff and Dr. Heslop.
Councilmember Alvarez said her input was based on a memo which stated that redistricting
protected voter's votes by ensuring equal population for districts. She still believed the plan was
not getting much consideration. She would be voting nay.
Councilmember Clark asked Councilmember Alvarez, what plan she was referring to.
Councilmember Alvarez responded that was not what she meant; she meant the districts were not
getting enough consideration. Councilmember Clark asked if her concern was mainly that
Ocotillo was losing two areas that she felt needed to remain within Ocotillo. Councilmember
Alvarez replied those two areas are very important to the Ocotillo district. Councilmember Clark
asked if any of the plans that were presented, A through G, reflect Glencroft and Manistee
staying within Ocotillo? Councilmember Alvarez replied that she had a bad connection, she
couldn't hear. She said she hoped everything worked out and plan D went through.
Councilmember Clark asked Dr. Heslop if any of these maps/plans reflect Councilmember
Alvarez's viewpoint. Dr. Heslop responded the problem was that Ocotillo and Yucca must lose
population. He continued there was not only the problem that the population must move through
Ocotillo and Cactus, but also that Ocotillo must lose population and as that was being done, the
city has to preserve and improve the benchmark standard. Councilmember Clark responded that
it was inevitable that Ocotillo would lose something. Dr. Heslop said yes, because it was
impossible to meet the population equality standard without cutting Ocotillo. Councilmember
Clark said even if there had been no growth in Yucca, Ocotillo had grown enough it would still
have had to lose population. Dr. Heslop responded correct.
Mayor Scruggs said Council talked about the voting rights act at some of the workshops, because
Council has asked for further explanation. She said interpretation of the voting rights act is
entirely different when Council receives it from Dr. Heslop than from Councilmember Alvarez.
Mayor Scruggs said there was one plan that would have satisfied what Councilmember Alvarez
wanted and that is to keep Manistee and Glencroft both in her district and that would have been
plan A, which has other problems. She said each plan came with the special tabulation data
which Council was directed to look at in order to ensure that the plan meets the voting rights act.
18
Mayor Scruggs continued in plan A, Ocotillo would have a 45.2% Hispanic CVAP, Citizens
Voting Age Population which is just about 1 1/2 % above where it is right now. She said at the
last Council Workshop, Dr. Heslop pointed to 53.9% as where we were supposed to be going.
53.9% CVAP. So, she said Council had a choice of 45.2, which Councilmember Alvarez is
telling us the Department of Justice would have wanted us to do or to go to 53.4%CVAP, which
is the Hispanic CVAP in plan D and is still .5% short of the benchmark which we've been told
the Department of Justice expects. Council has been trying all along to address the Hispanic
voting issue so that in the future a Hispanic candidate may have a fair or better than even chance
of being elected. Mayor Scruggs said she was going to continue to go with Dr. Heslop's
direction because it was his profession and was what he told Council from day one that they
were supposed to be doing. She said she believed if the city doesn't go to the 53.4% then that
was what Dr. Heslop meant by retrogression. Dr. Heslop said no, he thought that the Department
of Justice would accept plan D, but all these plans, A through G, meet the federal requirements
of population equality as well as the voting rights act. He continued as those plans were
produced, he hoped for input, from Councilmembers, he hoped for input from the public, and he
got a lot of Councilmembers input. Dr. Heslop noted that he changed plans A, B, C, in order to
meet Councilmembers view of the requirements of the community of interest. He added that
with the greatest respect to Councilwoman Alvarez, he had waited for input from Councilwoman
Alvarez, with respect to these plans, for a very long time. He had on three separate occasions,
sought to talk to Councilwoman Alvarez about these plans. So, in the case of Ocotillo, he had up
to this point, really lacked Councilmember input. He said at the last workshop, Councilwoman
Alvarez said she did not like any of plans and indeed would not even rate them or rank them,
they were all equally bad. He expressed a degree of frustration here on his part, perhaps it's
improper, but we have made every effort to reach out and to get input on Ocotillo. Dr. Heslop
said plan D, meets the input from the Council and that it's also attracted a clear majority, a big
majority really, of citizen input. He concluded with the thought that plan D was the result of a
very successful redistricting process.
Councilmember Alvarez said she didn't need any more information and only wanted more public
input from the community to make district changes.
Ordinance No. 2784 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 THE GLENDALE CITY CODE, CHAPTER 2,
ARTICLE II, DIVISION 1, BY AMENDING SECTION 2-20 RELATING TO COUNCIL
DISTRICTS; AND DECLARING AN EMERGENCY.
Councilmember Clark questioned whether the ordinance indicated the chosen plan D. Ms Hanna
responded the census block description for plan D is in the attached exhibit A.
It was moved by Martinez, and seconded by Knaack, to approve Ordinance No. 2784 New
Series. Motion carried on a roll call vote,with the following Councilmembers voting "aye":
Clark, Lieberman, Knaack, Martinez, Frate, and Scruggs. Members voting "nay":
Alvarez.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
19
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, September 20, 2011, to be
followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried
unanimously.
CITIZEN COMMENTS
Gary Sherwood, a Sahuaro resident, stated he had participated at most of the redistricting
meetings. He said it was a very successful public process. He explained it was a little frustrating
listening to some of the conversations because basically, it was fairly simple. He noted they had
a 3.6% percent population increase, and had a couple of districts to the south that had to give up
population to the four districts in the north. He stated that comments from a certain
Councilmember of not having enough public participation were exasperating and believes apathy
was not an excuse. He remarked there had been plenty of opportunities to weigh in and those
who did participate, had opinions, questions and concerns. He commended Dr. Heslop and staff
for a job well done.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Clark commented on the 10th anniversary of 9/11. She stated there was not a
person in this room that did not remember where they were that morning. She remarked it was
one of those moments you will remember your entire life. The sad part about remembering is
that things become the new norm. She believes they will never be able to let their guard down
again with regards to terrorism and that is a sad fact for the county. She invited everyone to
recognize the over 2,000 that died in New York, the people who died at the Pentagon and the
brave souls on the aircrafts that went down. She requested everyone take a moment to salute
them. On another note, she remarked that Diane Lesser, who accepted today's proclamation,
was an accomplished photographer and she had learned about this on Facebook. She remarked
on how things were changing with the technology available.
Councilmember Lieberman congratulated the Fire Department on the tremendous 9/11 program
they put on at the Public Safety Training Facility. He mentioned attending the opening of Park
& Swap and wished them much success. He asked everyone to bow their heads for a moment of
silence to honor the almost 3,000 Americans who lost their lives in the 9/11 national disaster.
Vice Mayor Frate thanked the many individuals that flew their American flags this past Sunday
in remembrance of 9/11. He stated he also flies his flag habitually. He stated he also attended the
Swap Meet's Grand Opening. He explained that their parent company had invested $4.2 million
on the purchase of that property and $2.9 million in improvements. He noted that was over $7
million worth of improvement investment in the city of Glendale. He thanked everyone who
participated in the redistricting meetings. He also thanked his colleagues for all their input and
for how they were able to work together. He thanked staff for all the time they put into this plan.
He thanked police, fire and the military for working to keep everyone safe and asked everyone to
do the same when they get the chance. He reminded everyone to watch children around water.
20
ADJOURNMENT
There being no further business,the meeting was adjourned at 8:30 p.m.
Pamela Hanna-City Clerk
21