HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 2/14/2012 GLENDE
MINUTES OF THE
GLENDALE CITY COUNCIL MEETING
Council Chambers
5850 West Glendale Avenue
February 14, 2012
7:00 p.m.
The meeting was called to order by Mayor EIaine M. Scruggs, with Vice Mayor Steven E. Frate
and the following Councilmembers present: Norma S. Alvarez, Joyce V. Clark, Yvonne J.
Knaack, and H. Philip Lieberman.
Councilmember Manuel D. Martinez was absent.
Also present were Ed Beasley, City Manager; Horatio Skeete, Assistant City Manager; Craig
Tindall, City Attorney; and Pamela Hanna, City Clerk.
Mayor Scruggs called for the Pledge of Allegiance and the observance of a moment of silence.
COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER
A statement was filed by the City Clerk that the 6 resolutions to be considered at the meeting
were available for public examination and the title posted at City Hall more than 72 hours in
advance of the meeting.
APPROVAL OF THE MINUTES OF THE JANUARY 24, 2012 CITY COUNCIL
MEETING
It was moved by Clark, and seconded by Lieberman, to dispense with the reading of the
minutes of the January 24, 2012 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.
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 arc intended to be acted upon in one motion.
Mr. Ed Beasley, City Manager, read agenda item numbers I through 3 and Ms. Pamela Hanna,
City Clerk, read consent agenda resolution item numbers 4 through 6 by number and title.
Councilmember Clark requested that item number 3 be heard separately.
1. LIQUOR LICENSE NO. 5-0288,ZANZIBAR AFRICAN RESTAURANT
This is a request for City Council to approve a new, non-transferable series 12 (Restaurant)
license for Zanzibar African Restaurant located at 9250 North 43rd Avenue. The Arizona
Department of Liquor Licenses and Control application (No. 12078969) was submitted by
Omoshola A. Egbesemi.
The location of the establishment is 9250 North 43rd Avenue in the Cactus District. The property
is zoned C-2 (General Commercial). The population density within a one-mile radius is 23,496.
This series 12 is a new license, therefore, the approval of this license will 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 10
07 Bar-Beer and Wine 2
09 Liquor Store -All Liquor 2
10 Liquor Store -Beer and Wine 5
12 Restaurant 7
Total 26
The City of Glendale Planning, Police, and Fire Departments have reviewed the application and
determined that it meets all technical requirements.
No public protests were received during the 20-day posting period.
Based on information provided under the background, it is staff's recommendation to forward
this application to the Arizona Department of Liquor Licenses and Control with a
recommendation of approval.
2. LIQUOR LICENSE NO. 5-1926, LENCHO'S FAMILY STYLE MEXICAN
RESTAURANT
This is a request for City Council to approve a new, non-transferable series 12 (Restaurant)
license for Lencho's Family Style Mexican Restaurant located at 6601 West Bethany Home
Road, Suite Al2-13. The Arizona Department of Liquor Licenses and Control application (No.
12078965)was submitted by Erica Alicia Gaytan.
The location of the establishment is 6601 West Bethany Home Road, Suite Al2-13 in the
Ocotillo District. The property is zoned C-2 (General Commercial). The population density
within a one-mile radius is 33,406. This series 12 is a new license, therefore, the approval of this
license will 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
2
06 Bar-All Liquor 3
07 Bar-Beer and Wine 1
09 Liquor Store -All Liquor 4
10 Liquor Store -Beer and Wine 12
12 Restaurant 2
Total 22
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.
3. LIQUOR LICENSE NO. 5-4855, WAL-MART NEIGHBORHOOD MARKET#4213
This request was heard separately.
CONSENT RESOLUTIONS
4. ACCEPTANCE OF STOP VIOLENCE AGAINST WOMEN GRANT
This is a request for City Council to adopt a resolution authorizing the City Manager to accept a
STOP Violence Against Women grant on behalf of the City Prosecutor's Office in the
approximate amount of$148,812 from the Arizona Governor's Office for Children, Youth, and
Families.
The City Prosecutor's Office takes on approximately 10,000 new cases annually. These
misdemeanor offenses range from relatively minor traffic violations to DUIs, thefts and domestic
violence (DV) offenses. Out of the aforementioned 10,000 cases, roughly 17% of those are DV
related.
Funding from this grant Nvill be used to hire a special Misdemeanor DV Prosecutor and DV
Advocate for a term of one year. This funding would allow the City Prosecutor's Office to
dedicate a special unit exclusively to prosecuting DV offenses. A DV Prosecutor and DV
Advocate will allow the Prosecutor's Office to initiate practices that will aim to increase
conviction rates by providing victims' access to a special prosecutor, thereby enhancing the
victims' understanding of the criminal process and court proceedings.
This is the first time that the City Prosecutor's Office has applied for this STOP Violence
Against Women grant. The Police Department, however, has received funding from this grant
source starting as early as 2000 with the last acceptance by Glendale City Council on January 25,
2011 in the amount of$68,558.
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The program proposes to hire two full-time contract employees. The amount of the grant will
cover the full salaries and benefits to those two employees with a 25% in-kind contribution being
provided by the City through support staff services as well as operating expenses and supplies.
The operating expenses and supplies consists of items such as legal research expenses, telephone
charges, postage and office equipment and supplies necessary for the two employees to perform
their assigned duties.
Grants Capital Expense One-Time Cost_ Budgeted Unbudgeted Total
X $148,812
Account Name, Fund,Account and Line Item Number:
A specific project account will be established in.Fund 1840, the city's grant fund, once the grant
agreement is formally accepted.
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
City Manager to accept a STOP Violence Against Women grant in the approximate amount of
$148,812 from the Arizona Governor's Office for Children, Youth, and Families; and further
authorize the City Manager to accept the grant renewable option for two additional twelve month
contracts, contingent upon the availability of funds.
Resolution No. 4540 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 THE ACCEPTANCE OF A "STOP VIOLENCE
AGAINST WOMEN" GRANT OFFER IN THE APPROXIMATE AMOUNT OF$148,812
FROM THE ARIZONA GOVERNOR'S OFFICE FOR CHILDREN, YOUTH AND
FAMILIES ON BEHALF OF THE GLENDALE CITY PROSECUTOR'S OFFICE.
5. WATER TRANSPORTATION AGREEMENT AMENDMENT
This is a request for City Council to adopt a resolution authorizing the City Manager to enter into
Amendment Number One to the Water Transportation Agreement with Salt River Valley Water
Users' Association, commonly known as Salt River Project(SRP).
Since 1991, the city and SRP have had a perpetual Water Transportation Agreement. The
current Water Transportation Agreement enables the city to use SRP infrastructure to transport
non-SRP water supplies to city water treatment and storage facilities. This allows the city to
better maintain service delivery and reliability during SRP water shortages by maximizing
available water supplies and infrastructure use.
An amendment is needed to update the city facilities covered under the agreement. The
amendment adds the city's Oasis Water Campus to the list of city facilities eligible to receive
non-SRP water through SRP's water delivery infrastructure, including underground pipelines.
The Oasis Water Campus was built after the current agreement was adopted.
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The Water Transportation Agreement provides the city significant and cost effective operational
flexibility to effectively manage and utilize its non-SRP water resources on an as-needed basis.
Under the current agreement, the city paid $37,867 to SRP for the delivery of non-SRP water to
the city's water storage facilities in FY 2010-11.
The amended agreement allows for additional charges by SRP to transport non-SRP water to the
Oasis Water Campus. Since SRP water shortages are not currently projected, the city has no
immediate plans to transport non-SRP water to the Oasis Water Campus and no immediate
increase in cost is anticipated. In the event that the city has to transport non-SRP water to the
Oasis Water Campus, the costs will be absorbed by the Water Services operating budget (Raw
Water Usage, Account No. 2400-17230-518200).
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
City Manager to enter into Amendment Number One to the Water Transportation Agreement
with Salt River Valley Water Users' Association.
Resolution No. 4541 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 NUMBER ONE TO THE WATER TRANSPORTATION AGREEMENT
WITH SALT RIVER VALLEY WATER USERS' ASSOCIATION.
6. CONTRACT CHANGE ORDER NO. 5 WITH THE CITY OF PHOENIX FOR THE
EXTENSION OF FEDERAL TRANSIT ADMINISTRATION GRANI'AZ-90-X080
This is a request for City Council to adopt a resolution authorizing the City Manager to enter into
Contract Change Order No. 5 to the intergovernmental agreement (IGA) with the City of
Phoenix for Federal Transit Administration (FTA) grant funds for transit services under FTA
grant AZ-90-X080.
Federal grant funds are programmed for the City of Glendale transit projects in the Maricopa
Association of Government's approved Transportation Improvement Program. The City of
Phoenix is designated as the regional recipient of PTA grants, and distributes the funds to cities
in this region.
FTA grant AZ-90-X080 provided federal funding for the purchase of replacement vehicles,
transit vehicle maintenance expenses, and the acquisition of computer system hardware. This
IGA will extend the contract to March 31, 2012, allowing Glendale to receive full reimbursement
of$594,160 in FTA funds.
All projects were completed prior to the grant's expiration date of July 1, 2011. This formal
extension is required to file and complete the reimbursement process to Glendale.
On June 12, 2007, Council approved an IGA with the City of Phoenix for Federal Transit
Administration grant funds for transit services under FTA grant AZ-90-X080. All subsequent
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extensions on October 5, 2009; December 28, 2009; June 17, 2010; and March 3, 2011 extended
the term of the agreement.
Transportation services and programs provide a benefit to Glendale residents and visitors. These
grant funds will help to provide the continuation of quality and reliable services.
Expenditures for all projects in the grant total $742,700. The amount of federal funds in this
grant award is $594,160. The grant requires a 20% match totaling $148,540. The Regional
Public Transportation Authority will provide $96,000 towards the local match for the purchase of
the vehicles. The remaining local match of$52,540 is available in the Transportation Services
capital and operating budgets.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X X X $52,540
Account Name, Fund,Account and Line Item Number:
Dial-A-Ride, Account No. 1660-16530-532400, $20,805
Fixed Route, Account No. 1660-16540-532400, $6,935
Transit Support Capital, Account No. 2210-65014-551400, $24,800
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
City Manager to enter into Contract Change Order No. 5 to the intergovernmental agreement
with the City of Phoenix for Federal Transit Administration grant funds for transit services under
FTA grant AZ-90-X080.
Resolution No. 4542 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
CONTRACT CHANGE ORDER NO. 5 TO THE INTERGOVERNMENTAL
AGREEMENT WITH THE CITY OF PHOENIX FOR FEDERAL GRANT PASS
THROUGH FUNDING FOR GLENDALE'S TRANSIT SERVICES.
7. EQUITABLE SHARING AGREEMENT WITH UNITED STATES DEPARTMENT OF
JUSTICE
This is a request for City Council to adopt a resolution authorizing the ratification of an
agreement with the United States Department of Justice (DOJ) for the equitable sharing of
Racketeering Influenced Corrupt Organizations (RICO) assets.
RICO allows the government to legally use the proceeds from criminal enterprises forfeited by
individuals or organizations and utilize them in approved law enforcement operations. The funds
are not forfeited unless authorized through the courts after due process. Participation in this
agreement allows the Police Department to receive a portion of the RICO assets seized on
criminal cases worked in conjunction with federal agencies.
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On October 28, 2008, Council approved intergovernmental agreements with the DOJ and
Maricopa County Attorney's Office for the equitable sharing of RICO assets seized on criminal
cases worked by the Police Department. City participation in this program with DOJ predates
1992.
Participation in equitable asset sharing enables the Police Department to continue to target large-
scale operations to suppress drug importation and sales in the city. It promotes close cooperation
between federal agencies and the Police Department, while penalizing drug traffickers by seizing
their illicit assets and charging them criminally.
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
ratification of an agreement with the United States Department of Justice for the equitable
sharing of Racketeering Influenced Corrupt Organizations assets.
Resolution No. 4543 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 THE EQUITABLE
SHARING AGREEMENT AND CERTIFICATION WITH THE DEPARTMENT OF
JUSTICE ON BEHALF OF THE GLENDALE POLICE DEPARTMENT.
It was moved by Frate and seconded by Knaack, to approve the recommended actions on
Consent Agenda Item Nos. 1 and 2 and 4 through 7, including the approval and adoption of
Resolution No. 4540 New Series, Resolution No. 4541 New Series, Resolution No. 4542 New
Series, and Resolution No. 4543 New Series; and to forward Liquor License Applications
No. 5-0288 for Zanzibar African Restaurant, and No. 5-1926 for Lencho's Family Style
Mexican Restaurant to the State of Arizona Department of Liquor Licenses and Control,
with the recommendation for approval. The motion carried unanimously.
3. LIQUOR LICENSE NO. 5-4855, WAL-MART NEIGHBORHOOD MARKET#4213
Susan Matousek, Revenue Administrator,presented this item.
This is a request for City Council to approve a person-to-person, location-to-location transferable
series 9 (Liquor Store - All Liquor) license for Wal-Mart Neighborhood Market#4213 located at
5050 North 83rd Avenue. The Arizona Department of Liquor Licenses and Control application
(No. 09070500) was submitted by Clare Hallie Abel.
The location of the establishment is 5050 North 83`d Avenue in the Yucca District. The property
is zoned SC (Shopping Center). The population density within a one-mile radius is 23,082. This
series 9 is a person-to-person, location-to-location transferable license, therefore, the approval of
this license will increase the number of liquor licenses in the area by one. The current number of
liquor licenses within a one-mile radius is as Iisted below.
Series Type Quantity
7
06 Bar-All Liquor 3
09 Liquor Store -All Liquor 2
10 Liquor Store - Beer and Wine 2
Total 7
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.
Councilmember Clark asked to comment on this item. She stated there was no Wal-Mart
Neighborhood Market Place currently at this location. She explained that plans are being
developed for this market; however, her constituents prefer another kind of grocery store since
there were many Wal-Marts in the area already. Therefore, as the Councilmember for that area,
she was compelled to vote against this item.
Mayor Scruggs said she had a card here indicating that Ms. Clair Able, representative for the
applicant, is present. She asked if Ms. Able would like to come forward?
Ms. Clair Able, applicant's representative, stated she would be happy to answer any questions.
Mayor Scruggs commented that this is interesting. So Councilmember Clark says there is no
store there. Is that correct?
Ms. Able stated she was correct. The store is slated to open in 2014. She said they had acquired
this liquor license from Basha's; however, the license had been inactive for a period of time and
they needed to make it active and transfer it officially to Wal-Mart.
Mayor Scruggs asked if Wal-Mart then gets the clock restarted on the liquor license at three
years, yes.
Ms.Able responded yes.
Councilmember Knaack asked if the bigger Wal-Marts have series nine licenses. Ms.Able noted
that all Wal-Marts in Maricopa County have them.
Vice Mayor Frate asked if the site was posted for a liquor license. Ms. Able replied yes.
Mayor Scruggs asked, and Ms. Able, if this is denied here, which doesn't have any effect
whatsoever in what the state will do, but if it goes through and this is denied, would Wal-Mart,
with its many locations, use the application they purchased from Food City someplace else?
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Ms. Able stated if the license were to be denied here, they will proceed to the state liquor board
hearing and argue their case there. If the liquor license is denied there, that will be the end of it
for Wal-Mart.
Mayor Scruggs asked if they could just go to some other place they have a store?
Ms. Able stated that if they withdrew the application they might have that opportunity, but this
license was purchased for this specific location in order to proceed with their plans.
Mayor Scruggs asked the Council if there were any other questions and thanked Ms. Able.
It was moved by Clark and seconded by Scruggs, to forward Liquor License Application
No. 4855 for Wal-Mart Neighborhood Market#4213 to the Arizona Department of Liquor
Licenses and Control with the recommendation of denial. Ayes: Clark, Scruggs, and
Lieberman. Nayes: Alvarez, Frate, and Knaack. The motion failed on a tie vote.
Mayor Scruggs stated that she was not going to support this application and the reason she
wasn't going to support it is that while the Council hears that Wal-Mart is going through the
process of developing their plans so they can open in January of 2014, that's two years away.
And what it appears that this does is to tie up that property so that another grocery store would
not be able come in because grocery stores all want to sell liquor. So if there is a liquor license
on this piece of property with Wal-Mart, then another interested grocery store wouldn't be able
to come in and also get a liquor license. Wal-Mart has a long history of tying up properties and
she didn't feel comfortable that Wal-Mart wanted to tie the license to this property so that they
can start the three year clock over again. In the meantime, there might be an opportunity for a
store that meets what the neighborhood wants to come in if they have the same opportunity to
bring a liquor license with them. So that's why she was going to support denial.
Vice Mayor Frate noted that Wal-Mart had gone through the correct process and everything was
in order. He added they had no grounds to deny their application even if someone might feel
uncomfortable about this situation because by law they qualify.
Mayor Scruggs responded that she didn't believe that. If Wal-Mart had a physical building there
then she would say "Councilmember Clark I'm sorry your residents do not like this kind of store
and I'm going to support it". They don't have a physical building; all they have is a plan —
which is that they want to open in January of 2014. The Mayor continued that she had many
years of experience where Wal-Mart didn't live up to what they say they are going to do, so she
felt comfortable with the denial.
Councilmember Alvarez stated she will vote to support this application. She explained that in
the past, Wal-Mart has been a good business partner with Glendale. She noted the Wal-Mart on
55th and Northern has providing the city much revenue. She remarked there might be the same
number of people who do want it in their neighborhood because of its affordability.
Councilmember Clark commented on the process the neighborhood had gone through when this
was first suggested. She explained most did not want this kind of grocery store and also fought
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the drive—thru addition to this store. She reiterated it was clear this was not what the
neighborhood wanted. Therefore, she feels comfortable with voting against this application.
Councilmember Alvarez remarked that in this economy, she welcomes this development. She
reiterated that Wal-Mart has been a good business partner and she welcomes the sales tax
revenue the city will receive.
Councilmember Knaack commented on the previous controversy surrounding other Wal-Marts
such as on 67th and Peoria as well as the one on 51st and Olive and they both are very well used
by the surrounding neighborhoods. She added that not many grocery stores are building stores at
the moment and if Wal-Mart Market Place is willing to build one in a very much needed area,
she will support it.
Mayor Scruggs commented that she wanted to restate her position. She thinks Wal-Mart
Neighborhood Markets are just fine. She said you can buy just about anything in those markets,
it's not like they are not full service—they are pretty good. She has been in a few of them—big
Wal-Marts- she goes all the time. What this is based on is Wal-Mart's history of holding a piece
of property hostage. And she referred to the property that is now going to be a Winco. Wal-
Mart bought that property — this is the former Costco building on Bell Road at about 57th
Avenue. Wal-Mart bought that property quietly and held it for a few years and then came out
and said they wanted to build a Super Center, which was directly across the street from their
Wal-Mart that they already had on the south side of Bell Road between 57th and 59th Avenue.
And then they said "we can't build a Super Center there, we want a Super Center and we can't
expand that. And that caused quite a bit of disruption in the community — they really went to
town — spreading disinformation and misinformation and how the City Council were inept
because they had let that building sit empty so long. When the truth of the matter was that Costco
as a corporation will only do business with certain businesses. There were others interested in
going in there, but you see Kimco was still paying — Costco still had to pay Kimco the same
exact rent for another ten to twelve years after they had moved to their bigger store further west
on Bell Road. So Kimco was just happy as a clam because they were getting their monthly
payments and they didn't have to do any maintenance on the building or anything else. In the
mean time Wal-Mart was running around stirring up the neighbors and saying that the property
was going to stay empty forever and we should allow them to go in.
Mayor Scruggs continued that the city did a lot of research and it seems Wal-Mart owned well
over 400 properties where they had moved from one location to another location very close
maybe across the street, maybe within a quarter mile very, very close and left the first location
empty. It was a long difficult discussion and in the end their application to build on the Costco
side was denied and guess what—they expanded their existing site on the south side of Bell Road
into a Super Center,just as the plans had shown they could when they first built that center in the
first place. The city had all the plans here — the city showing it could be expanded. But what
would have happened— if Wal-Mart would have moved to the north side and left the south side
hostage because they owned that land and they will not let anyone else go in that's in
competition with them and of course they're in just about any business there is. So what she is
seeing over here is a situation where they are not ready to build the building. They're giving a
time frame out—two years, but maybe there would be another retailer that would want to come
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in and build, but as long as that liquor license is sitting here, another retailer would not come to
it. Mayor Scruggs continued that she sees it as an effort by Wal-Mart to hold that land hostage
and she didn't think that's good for the community. So she has different reasons than
Councilmember Clark has, but she is still going to oppose approval and she wanted it to be
known why. She didn't think this was fair, she just didn't.
Councilmember Lieberman noted he was undecided at the moment. He wished there was a store
already built at that location which would have made things easier. He commented on several
businesses that make it a practice to hold on to land properties until it suites their interest. He
made a reference to Lund Cadillac situation as being similar in nature, However, Wal-Mart
stores do bring a lot of revenue to the city and right now they really need it. He stated he will
change his vote to approve this application. He explained he ,rarely votes against
Councilmember Clark, however believes this was good for Glendale at the moment. He
remarked that not everyone admits to shopping Wal-Mart, but the parking lots are always full to
capacity.
Mayor Scruggs said she wanted to revisit the Lund Cadillac thing a moment. She believed the
development agreements had expired and if somebody came in and said they wanted to build a
Wal-Mart there — she would probably vote for that. So she didn't want anybody to think that
Council handed out money to Lund Cadillac - and the agreement has long past expired so there is
no money that's going to go there. And yeah, she shops at Wal-Mart too —and they have a little
bit of a problem in their parking lot at 59th and Northern and she called Chief Conrad about that
and hopefully he's taking care of the situation they have going on out there, but she'll still go
back there and shop again.
Councilmember Clark remarked that if there were no Wal-Marts in the area, Councilmember
Lieberman would have a point. However, there are two within 1 Y2 miles of that location.
Therefore they do have several Wal-Marts in the area. Councilmember Lieberman noted that
might be true but this company will go to the state liquor license whether they approve it or not.
Councilmember Clark stated she was just following her constituent's wishes.
It was moved by Clark, and seconded by Knaack, to forward Liquor License Application
No. 4855 for Wal-Mart Neighborhood Market#4213 to the Arizona Department of Liquor
Licenses and Control with the recommendation of approval. The motion carried with
Clark and Scruggs voting nay.
BIDS AND CONTRACTS
8. RENTAL AGREEMENT WITH EMPIRE SOUTHWEST, LLC
Steve Conrad, Police Chief, presented this item.
This is a request for City Council to authorize the City Manager to enter into three rental
agreements with Empire Southwest, LLC for the rental of heavy equipment by the Glendale
Police Department in an amount not to exceed $90,000.
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Rental of this equipment will allow the Police Department to search for the remains of a victim
in a homicide investigation. The rental equipment rates are based on rental agreements with
Empire Southwest, LLC. The rental of heavy equipment is based on the declaration of an
emergency by the Police Chief.
Funding is available in the FY 2011-12 RICO funds for the rental of heavy equipment. Final
cost is dependent on the length of use which is unknown at this time; however, the cost should
not exceed$90,000.
The recommendation is to authorize the City Manager to enter into three rental agreements with
Empire Southwest, LLC for the rental of heavy equipment by the Glendale Police Depait,nent in
an amount not to exceed $90,000.
Councilmember Lieberman asked if some of that equipment was already on site and was it being
used. Chief Conrad replied yes. He explained they had declared this an emergency situation and
with the city attorney's approval, they we able to move forward and enter into these three
agreements. He added they were now asking for Council's approval. Councilmember
Lieberman stated he understood the pressure and events that necessitated this emergency and
was in full approval of renting the equipment.
Councilmember Clark wished them good luck in their search effort in order to bring the family
closure and some peace. Chief Conrad thanked her for encouraging words. He communicated
that they had well over 100 law enforcement personnel involved as well as staff from field
operations.
Councilmember Knaack said she believes the police department and the city has done everything
they possibly could from the day the investigation began until now. Unfortunately, they now
have this task to take on. She added there was nothing to question as to what the police
department has done from the start. She thanked them for all the work being done.
It was moved by Clark, and seconded by Lieberman, to authorize the City Manager to
enter into three rental agreements with Empire Southwest, LLC for the rental of heavy
equipment by the Glendale Police Department in an amount not to exceed $90,000. The
motion carried unanimously.
RESOLUTIONS
9. INTERGOVERNMENTAL AGREEMENTS WITH THE CITY OF PHOENIX FOR
FEDERAL TRANSIT ADMINISTRATION GRANT FUNDS
Jamsheed Mehta,AICP, Executive Director, Transportation Services, presented this item.
This is a request for City Council to adopt a resolution authorizing the City Manager to enter into
five intergovernmental agreements (ICAs) with the City of Phoenix for acceptance of Federal
Transit Administration grant funds for transit services.
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The City of Glendale secured $1,344,767 in federal transit grant funds. The City of Phoenix is
the designated agent for all federal funds in this region, and these five IGAs with Phoenix will
provide reimbursement towards capital and operating expenses, thereby reducing the cost to
Glendale for transit services. The five grant awards are described as follows.
Federal grant AZ-90-X109 will be used for capital purchases and on-going maintenance. This
grant will provide $526,365 to fund the replacement of two Dial-A-Ride buses and transit
vehicle maintenance expenses.
Federal Grant AZ-95-X009 will provide $38,152 to fund vehicle maintenance expenses.
Federal grants AZ-37-X008 and AZ-37-X014 are two Job Access and Reverse Commute (JARC)
grants that will provide $770,000 for public transportation services to address the unique
transportation challenges faced by low-income persons seeking to obtain and maintain
employment. These grant funds will pay for a share of the existing Route 59 — 59th Avenue and
Route 70—Glendale Avenue transit services, thereby reducing the cost to the city.
Federal grant AZ-57-X013 is a New Freedom grant that will provide $10,250 for a supplemental
taxi service as transportation alternative for the elderly and persons with disabilities. The
supplemental taxi service will accommodate paratransit riders travelling up to one mile outside
Glendale city limits. This will help to reduce the number of paratransit service transfers between
Glendale and adjacent cities.
Transportation services and programs provide a benefit to Glendale residents and visitors. These
grant funds will provide operating assistance and improvements that will promote the
continuation of quality and reliable services.
The total cost for all projects associated with these grants is $2,258,915. The grants will provide
$1,344,767 in federal funds towards these costs and will require a local match of$914,148. The
Regional Public Transportation Authority will provide $70,251 towards the local match for the
purchase of the vehicles. Glendale's portion of the remaining local match is $843,897 and is
available in the Transportation Services capital and operating budgets.
Grants Capital Expense One-Time Cost Budgeted Unbudgeted Total
X X X $843,897
Account Name, Fund,Account and Line Item Number:
Dial-A-Ride, Account No. 1660-16530-532400, $63,647
Fixed Route, Account No. 1660-16540-532400, $780,250
The recommendation is to waive reading beyond the title and adopt a resolution authorizing the
City Manager to enter into five intergovernmental agreements with the City of Phoenix for
acceptance of Federal Transit Administration grant funds for transit services.
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Councilmember Clark asked if this was similar to another program the city already had only this
program was for persons with disabilities. Mr. Jamsheed Mehta, AICP, Executive Director,
Transportation Services, replied she was correct. The other program is called the Taxi Subsidy
Program that was initiated about six years ago which is limited to those who have repetitive
medical related trips. However, this new pilot program is for those who qualify for ADA transit
service to go over at least one mile into the adjacent city without requiring the adjacent city's
transit service. Councilmember Clark expressed her approval of this item. She asked if anything
was known as to the bus strike situation. Mr. Mehta explained he did not have anything new to
report.
Resolution No. 4544 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
FIVE INTERGOVERNMENTAL AGREEMENTS WITH THE CITY OF PHOENIX
FOR ACCEPTANCE OF PASS-THROUGH GRANT FUNDING FOR TRANSIT
SERVICES.
It was moved by Frate, and seconded by Knaack, to pass,adopt and approve Resolution
No. 4544 New Series. The motion carried unanimously.
10. INTERGOVERNMENTAL AGREEMENT FOR INTELLIGENT TRANSPORTATION
SYSTEMS EQUIPMENT
Jamsheed Mehta, AICP, Executive Director, Transportation Services,presented this item.
This is a request for City Council to adopt a resolution authorizing the City Manager to enter into
an intergovernmental agreement (IGA) with the Maricopa County Department of Transportation
(MCDOT)for installation of intelligent transportation system(ITS) equipment along Bell Road.
Transportation Services currently manages and operates an ITS on arterial roadways throughout
the city. The system allows staff to remotely monitor and adjust traffic signal timing, observe
traffic through closed circuit television (CCTV) cameras, and provide information to motorists
through electronic dynamic message signs (DMS). In 2008, the city completed a project to
establish communications to all the signals along Bell Road along with installation of cameras at
key locations. Since then, additional cameras have been installed at other intersections along the
corridor.
This joint project with MCDOT will install ITS equipment along Bell Road in the City of
Glendale and in the county. Specifically, Glendale will. receive two message signs for
westbound traffic in advance of 59th and 75`h Avenues, along with a CCTV camera at the
intersection;of 69th Avenue and Bell Road. The local match for this project will be split between
the city and MCDOT.
Deployment of ITS equipment will continue to allow staff to efficiently manage traffic. Bell
Road is the heaviest traveled arterial street in the city and the DMS will provide.motorists
approaching the Arrowhead Towne Center area with advance information on traffic conditions.
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Mayor Scruggs commented that it could be quite a mess with folks trying to get on the 101 — it
backs up a long way. She continued so the idea is to put them on an arterial, not through
neighborhoods. Mr. Mehta responded yes.
Resolution No. 4545 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 MARICOPA COUNTY FOR THE
BELL ROAD DYNAMIC MESSAGE SYSTEM (DMS) PROJECT IN THE CITY OF
GLENDALE.
It was moved by Knaack,and seconded by Clark, to pass, adopt and approve Resolution
No. 4545 New Series. The motion carried unanimously.
REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION
It was moved by Frate, and seconded by Knaack, to hold a City Council Workshop at 1:30
p.m, in Room B-3 of the City Council Chambers on Tuesday, February 21, 2012, to be
followed by an Executive Session pursuant to A.R.S. 38-431.03. It was further moved to
hold a Special City Council Workshop on Tuesday, February 28, 2012, at 1:30 p.m. to be
followed by an Executive Session pursuant to A.R.S. 38-431.03. The motion carried
unanimously.
MOTION TO EXCUSE COUNCILMEMBER MARTINEZ
It was moved by Frate, and seconded by Knaack, to excuse Councilmember Martinez from
tonight's Council meeting. The motion carried unanimously.
CITIZEN COMMENTS
Manuel Cruz, a Yucca resident, asked to comment on the budget workshop earlier today. On the
subject of outsourcing maintenance on public vehicles, he believes it might pose certain security
risks. He also believes it was disrespectful to want to sell the cemetery. He hopes to see more
transparency in meetings and less Executive Sessions.
Ken Jones, an Ocotillo resident, noted the many articles in different news outlets warning the
city about continuing their fight to keep the Coyotes. He wondered what it would take for the
city to finally change direction and stop spending city tax payer money on a losing cause. He
wants to see a plan B communicated to the public. He discussed the many Executive Sessions
the city of Glendale has each year compared to other cities, which only have a handful. He noted
that cities do better when they discuss and operate in the open. He asked Vice Mayor Frate why
there were so many Executive Sessions in their city.
Anthony Kern, a Sahuaro resident, commented on the budget meeting held earlier today. He •
explained the time of 1:30 p.m. was not conducive to people that work during the day and want
to attend the meetings. He suggested changing the times to early evening or Saturday to bring
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more people into the meetings. He further requests that citizens are allowed to make comments
or suggestions during the budget workshops. He reported on the recent newspaper articles
warning the public of an increase in crime in Glendale. He requested the Council make funding
for fire and police an important issue at the budget workshop and allow for additional police
officers. He remarked that a Councilmember recently suggested they set aside $25 million for
the Coyotes, which would only add to the soaring debt. He requested the city stop spending
money on useless ventures and instead put the money were the city needs it most and stop giving
it away to multimillion dollar organizations.
Andrew Marwick, a Phoenix resident, commented on the small amount of traffic in the
Entertainment District in Glendale and the amount of businesses that have closed in the area. He
contrasted Scottsdale Road and the 101 area where there was gridlock most of the time. He
remarked on the benefits of having a casino in Glendale, which seems to help the Scottsdale area.
He approves the building of a casino in Glendale and believes this will greatly benefit the city.
Arthur Thruston, a Cactus resident, remarked on the wonderful holiday season and how everyone
got along. However, recently, bad news was reported that Glendale cannot sell their bonds. He
commented on the many lawsuits, bad management and money shortages the city of Glendale
has encountered. He stated the city has a lot of problems and was really in trouble. He hopes the
Council gets a new beginning and starts making better decisions that will help the city of
Glendale. He noted he does not fault anyone because they all make mistakes. He believes this
was a fantastic Council and also respects Mr. Beasley greatly; however, they need to get to work
to make this year a success.
COUNCIL COMMENTS AND SUGGESTIONS
Councilmember Alvarez reiterated her suggestion to have citizen comments at the beginning and
not at the end of the meeting. She thanked the people in charge of Dial-a-Ride for helping her
get around when she injured her leg. She stated it was an excellent service which makes things
much easier for people in need.
Councilmember Clark noted for the people who were regular speakers at the evening meetings
that a little knowledge was a very dangerous thing. She added this did not necessarily apply to
everyone speaking tonight or the regulars. However, sometimes, they really believe the press
and she will tell them that they will be disabused of that notion the first time they are written
about and it's inaccurate. Then they will not be so fast to believe everything they read or hear in
the press. She wishes that instead of berating everything about the city including the Council,
that those very same people who get up and tell the Council they are no good jerks that don't
know what they are doing would instead offer some kind of solution to the problem. On another
matter, she was glad to announce they were in the midst of an environmental assessment to
hopefully welcome the F-35 to Luke Air Force Base. She asked everyone to support Luke's
effort. She wished everyone a very Happy Valentine's Day as well as a Happy Birthday to
Arizona.
Councilmember Lieberman thanked everyone who writes and sends letters. He asked them to
include their phone number as well as their district. He encouraged everyone to get involved in
their city government. He invited everyone to a meeting on Thursday night at the Glendale
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Elementary School District office starting at 6:30 pm. Police Chief Conrad will be the guest
speaker. He commented on Arizona's 100 Birthday.
Vice Mayor Frate invited everyone to his Neighborhood Meeting on Wednesday the 156 of
February from 5:30 to 7:30 p.m. at the Arrowhead Town Center. There will be information on
the new prescription cards as well as how to support Luke Air Force Base. In response to a
question from a speaker in regards to why he always includes having an Executive Session, the
reason was because by taw it has to be posted, although they don't always have them. He noted
it was a formality and it does not mean they always do it. He reminded everyone to watch
children around water. He wished Happy Birthday to his granddaughter, Lauren who turns four
today.
Councilmember Knaack stated that in response to a comment made by a speaker, the Council has
not approved an additional $25 million in the budget for the Coyotes and doesn't know where
that came from. She explained that the budget meetings are attended by all the departments and
city staff as well as the Council. These meetings are televised and in addition people can also
stream them from the internes and anyone who wants to watch the meeting has the opportunity.
She remarked the last time the city had open workshop meetings there was more staff present
than were citizens. She believes the city and Council have made every effort to reach out to the
public as well as always being accessible. She said case in point is the Water/Sewer Task Force
has only received 28 applications to date out of a city of 260,000 people. She wonders where all
the people who complain about the city and how it was run are. She commented that the
Legislative Link is a wonderful program however there are only 100 people signed up. She
hopes more people get involved and help with solutions. She thanked Mr. Mehta and staff for
the countdown pedestrian signs. She wished everyone a Happy Valentine's Day.
Mayor Scruggs thanked the Steigers for being present and for submitting applications for the
Water/Sewer Task Force. She said the Council was surprised at the residents' lack of interest in
this subject that so many of them had referred to in the past. Mayor Scruggs wished Arizona a
Happy Birthday and everyone a Happy Valentine Day. She closed the meeting thanking
everyone for their attendance.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:30 p.m.
Pamel• Hanna- City Clerk.
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