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Joyce Clark Unfiltered

For "the rest of the story"

May 16

16

Response to a reader

Posted by Joyce Clark on May 16, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale zoning issues  | Tagged With: , , , | 2 Comments

PLEASE CHECK OUT THE VIDEO ABOUT COUNCILMEMBER SAMMY CHAVIRA’S TRAVEL ON THE TAXPAYER DIME. IT IS TO THE LEFT OF THIS COLUMN.

It has been 18 years and 150 days since the city’s pledge to build the West Branch Library.

Last week I posted a blog entitled Historic memory lost. The gist of the blog was the preservation of a historic neighborhood, Historic Thunderbird Estates. In response one of my readers, Shelly, posted the following comment:

Shelly said, “’This becomes more and more difficult as historic memory of what Glendale was and who contributed to shaping Glendale is forgotten by a younger generation.’ (quote from my blog)

“I am of this younger generation and while I respect what once was, I believe that everyone needs to respect what will be, things can’t stay the way they have been for generations, if people don’t start changing there may not be much of a future. I take exception to your phrase as you made it seem like Glendale is doomed if the younger generation is allowed to live and make decisions in and for the city of Glendale. You have to remember that the youth/mid age (30-50 yo) are our future and we should be doing everything to support them and their decisions.

“People get stuck in the old ways or this is the way that we’ve always done it. There needs to be a point where progress is allowed and steps taken to allow progress to happen. This may not be a popular decision, however, I don’t believe it will be the nightmare that people think it will be.

“I’ve driven by this property multiple times throughout the day and I have yet to see a disturbance of any residence. The property is located on the corner of 59th Avenue, customer’s don’t even need to go any further than his property as he is literally right on the corner. There is ample space in front of his home to for customer parking.

“Don is a nice person, he is not a mean or vindictive soul, he is trying to help families live sustainable lifestyles by giving them the opportunity to purchase tropical trees to grow on their own property. He is out there for the greater good of many communities throughout the valley.

“Many families want to live a sustainable lifestyle and enjoy growing their own fruits and veggies (with no chemicals). We are not hippies we just want to know where our food is coming from and hopefully that is our own backyards.”

Shelly hit on several important topics. She said, “Don is a nice person…” I’m sure he’s a very nice man but in this case he made a mistake, either deliberately or inadvertently. If he was aware of the CC&Rs (Codes Covenants and Restrictions) and purchased the property with that knowledge then it was deliberate. If he was unaware of the CC&Rs then he made a mistake by failing to do due diligence.

She went on to say, “Many families want to live a sustainable lifestyle…” There is respect for people’s choice to live life as they see fit…as long as they are not harming others by their actions. Those who choose to grow their own food as much as possible are to be commended. The reader perceives Don as helping them to live this lifestyle but this is not a reason to reward him for his failure to abide by the subdivision’s CC&Rs.

She said, “…I have yet to see a disturbance of any residence.” Her perception of the business activity generated on or near the property is not a relevant argument to allow this gentleman to continue to conduct a retail, commercial use on his property. Granting a Conditional Use Permit (CUP) to allow a business to operate on this property is precedent setting for every property subject to these CC&Rs and in fact, would make the CC&Rs null and void. If one property owner can circumvent them, you can be absolutely sure others will follow. The purchasers of property in Historic Thunderbird Estates bought with the legal expectation that only residential uses would be permitted.

Perhaps the most interesting comment she made highlights the age old tension between respect and value for tradition (the “old”) and the excitement of change (the “new”). She says, I take exception to your phrase as you made it seem like Glendale is doomed if the younger generation is allowed to live and make decisions in and for the city of Glendale. You have to remember that the youth/mid age (30-50 yo) are our future and we should be doing everything to support them and their decisions.” There is most certainly a recognition and acceptance that the younger generation must lead. There’s an old adage paraphrased that those who do not learn history are doomed to repeat the same mistakes. There is a place for historical memory and the preservation of the values it embodies.

In other words, there is rationale for both the old and the new to coexist in harmony. The younger generation as it leads must always be mindful and respectful of the traditions that created their freedom to effect change they are seeking. She raised some interesting and debatable issues. However, she has not made the case for allowing this gentleman to ignore the legal requirements of this subdivision’s CC&Rs.

I thank her for her thoughtful commentary. It was important enough to become the basis for this blog. Comments to my blogs are reader optional and may not be read by all. By using her comment in a blog many more people will see it. I suspect more readers’ comments will be forthcoming. Thank you Shelly.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

May 16

13

Historic memory lost

Posted by Joyce Clark on May 13, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale zoning issues  | Tagged With: , , , , , , , | 4 Comments

CHECK OUT A VIDEO ABOUT SAMMY CHAVIRA’S USE OF TAXPAYER DOLLARS TO THE LEFT OF THIS COLUMN

It has been 18 years and 147 days since the city’s pledge to build the West Branch Library.

On March 3, 1953 a lovely, now historic, neighborhood was born in Glendale. It is known today as Historic Thunderbird Estates. This is a neighborhood of large lots, with mature trees and vegetation, many of which said properties still rely upon irrigation water.

The people who created this neighborhood lived in it for many, many years. Many of these people contributed a great deal to the rich history of Glendale. You may even recognize a few of the names. They were Philip and Bessie Rice, Opal and Earl Moore, Patsy Woods, Stanley and Gwendolyn McDonald, Ralph and Margaret Baskett, James and Sarah Sharpe, C.E. and Gladys McDonald, and Elias and Gaeta Coury.

Here are just a few of the accomplishments of the residents who formed Thunderbird Estates in the 1950’s. The Ira Moore building was used for Glendale Union high school’s very first classes. W. F. Moore was a Glendale councilmember from 1930-34. Willis Moore was on the Glendale Union High School’s first baseball championship team of 1923. R.E. Moore was manager of the Valley Bank, across from Murphy Park, in the 1940’s. Dr. Philip Rice was one of the very few medical doctors practicing in Glendale in the 1950’s. His wife Bess, was prominently involved with the Glendale Women’s Club and was known for her support of cleanup projects and tree planting throughout Glendale. The Coury family is remembered as prominent downtown Glendale merchants of the 1960’s with the Coury Market, also across the street from Murphy Park.

They created their Covenants, Codes and Restrictions (CC&Rs) for this historic neighborhood. Here is what they said and what they intended for this neighborhood …their land:

“The stipulations, restrictions and covenants herein contained shall be taken and considered as covenants irrevocable and restrictions running with the land, and with each and every part, parcel, lot and subdivision thereof, no made or hereafter to be made; and shall not only be binding upon the parties hereto, their respective successors and immediate assigns, but the same shall be binding upon each and every person, persons or corporation on who may hereafter become owners of or interested in said premises, or any part, parcel, lot or subdivision thereof, by or through conveyances, leases, permits or licenses, from or through any of the parties hereto.

“Further, all conveyances made by the parties hereto shall by apt words convey said lands and each and every parcel thereof, subject to the said restrictions and provisions. But in case such restrictions and provisions shall be omitted from any such deed or deeds, the same shall nevertheless be binding upon the grantee, his heirs and assigns, the same as though specially set forth in such deed or deeds and each and every such deed or deeds shall be taken by the grantee therein named subject to the covenants and provisions of this agreement.

“The stipulations, restrictions and covenants to which said premises are subjected are as follows, to- wit:

  1. Each parcel of land shall be used exclusively for residential purposes.”

There is nothing ambiguous about their words put to paper. We know exactly what their desire and intent was…to keep their land, in whole or in part, for residential use exclusively and in perpetuity. The residents of this subdivision have relied upon the CC&R’s for over 50 years.  When these residents purchased their parcels over the years they relied upon the character of their historic neighborhood to remain for residential use only.

Until Mr. Don Olson arrived upon the scene. For you see, Mr. Olson purchased one of the parcels within Historic Thunderbird Estates. He is using his newly acquired property within Historic Thunderbird Estates for commercial purposes – the sale of trees, big trees, little trees, all kinds of trees…and now he wants the city to grant him a Conditional Use Permit to bless his apparent violation of the Historic Thunderbird Estates CC&Rs.

5841 W. Royal Palm Glendale, AZ

5841 W. Royal Palm
Glendale, AZ

So what has the city done to protect this lovely, old, historic neighborhood?  On Thursday, May 5, 2016 Mr. Olson’s Conditional Use Permit request went before the Planning Commission. The Planning Commission is composed of citizens. The current members of the commission are : Chairperson Steve Johnston;  Vice Chairperson Arthur Dobbelaere;  Commissioner Jack Gallegos;  Commissioner Rick Harper; Commissioner Gary Hirsch, Commissioner Al Lenox; and Commissioner David Moreno. They would decide the fate of this historic neighborhood by making an advisory recommendation to the city council.

The minutes of the Planning Commission of May 5, 2016 reflect the following: “CUP16-01: A request by Don Olson for a Conditional Use Permit (CUP) to operate a home occupation (Class II) business in a private backyard of a residence, which will mainly consist of growing trees and selling trees to customers with appointments on a property in the SR-17 (Suburban Residence) Zoning District. The site is located north of the northeast corner of 59th and Northern Avenues (5841 West Royal Palm Road) and is in the Barrel District. Staff Contact: Martin Martell, Planner. VICE CHAIRPERSON DOBBELAERE MADE A MOTION TO CONTINUE CUP16-01 TO THE PLANNING COMMISSION MEETING OF AUGUST 4, 2016. COMMISSIONER GALLEGOS SECONDED THE MOTION, WHICH WAS APPROVED WITH A VOTE OF 4 TO 3 (HIRSCH, HARPER, AND LENOX).

Mr. Olson requested that the item be tabled as apparently he has hired a zoning attorney to represent him when the CUP is heard on August 4, 2016. The motion to table was granted on a vote of 4-3 with only Commissioners Hirsch, Harper and Lenox willing to deny the motion to table the action and ready to decide the CUP without the benefit of Mr. Olson’s acquisition of yet another attorney…a  zoning attorney.

This neighborhood is upset, concerned and angry. They don’t have a slick, fancy, new homeowner’s association to protect their interests. As a historic neighborhood they must rely upon the city staff, the citizen planning commissioners and city council to protect them. This becomes more and more difficult as historic memory of what Glendale was and who contributed to shaping Glendale is forgotten by a younger generation.

Will they protect the legacy of Glendale or succumb to a commercialism that slowly eats away at older neighborhoods such as this one? This neighborhood hopes that it can be preserved  as do other historic neighborhoods in Glendale. If we don’t speak for them…if we do not value their legacy…then what is Glendale’s destiny? To become just another ‘burb in the Valley of the ‘burbs??

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

May 16

12

Glendale pays for right-of-way for road

Posted by Joyce Clark on May 12, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues • Heroes Park  | Tagged With: , , , , , | 2 Comments

CHECK OUT THE VIDEO ON SAMMY CHAVIRA’S USE OF TAXPAYER MONEY TO THE LEFT OF THIS COLUMN

It has been 18 years and 146 days since the city’s pledge to build the West Branch Library.

At the city council voting meeting of April 26, 2016 there were two agenda items that should raise  eyebrows. One was the council approval of the Long Trust proposed residential project located between Bethany Home Road and Camelback Road, 83rd Avenue to 91st Avenue called “Stonehaven.” It comprises over 300+ acres and proposes over 1,100+ homes. By the way, it will look nothing like Rovey Farm Estates, another planned area development. Rovey Farm estates had approximately the same acreage but only 800+ homes ranging on lot sizes from 7,000 square feet on the west side of the project to one acre lots on the east side of the project.

Stonehaven will have 1,100+ homes on lots, 43% of which will be 5,500 square feet…very small lots with very small homes. For this reason alone, many concerned residents asked that Stonehaven be tabled with council direction to take another look at these very small lots. The 5,500 square foot lot size does not even meet the city’s minimum standard for detached homes which should be R 1-6 (6,000 square feet). All of the citizen’s concern fell on deaf ears and city council approved Stonehaven unanimously.

Of more concern and precedent setting was council’s approval of a $1.2 million dollar payment to the Long Trust for the right-of-way for the proposed city construction of the north side of Bethany Home Road between 83rd Avenue and 91st Avenue. When a developer builds a subdivision the developer is responsible for paying for and constructing the roads that will serve its planned community. If it’s a major arterial road, such as Bethany Home Road, then the developer will dedicate the necessary right-of-way for the entire road but pay for construction of only half of the road with the city being responsible for paying for construction of the other half of the road.

Not so in this case and that is what is precedent setting. A senior staffer, part of a “city team” that negotiated with the John F. Long trust, acknowledged that the city had asked Long for dedication of right-of-way for the north side of Bethany Home Road and that Long refused.  Having been refused its request, the city rolled over and negotiated a payment of $1.2 million dollars to Long for the right-of-way for the north side of Bethany Home Road. This is precedent setting. I know of no other instance where the city had to pay a developer for right-of-way for a major road that would serve the planned residential development.

Why didn’t the city team decide that if the trust was unwilling to make the necessary dedication for Bethany Home Road that perhaps the entire residential project should not be approved?  The city could have decided that if the trust was unwilling to make the necessary dedication precluding the full construction of Bethany Home Road that the proposed residents of the project would not have adequate ingress and egress from the project. Under that scenario, the Long Trust eager to sell the land to a developer, would have had to dedicate the right-of-way for the north side of Bethany Home Road, if it wanted to approval for Stonehaven.

There is more within the approved development agreement between the Long Trust and the City of Glendale, “The Parties acknowledge that the Bethany Home Road Extension will be completed and accepted on or before January 1, 2022.” That’s 6 years from now.

In Section 3.4 of the agreement, JFLT (John F. Long Trust) will have final plans and specifications for the Bethany Home Road Extension completed by the civil engineer and approved by the Parties prior to the City’s issuance of the 275th home building permit for the Residential Development Parcel (subject to Force Majeure Events and any mutually-agreed extensions).” It is safe to assume that it will be several years before the Long Trust even has to turn in a plan for the road to the city.

Under Section 4.2 it states, “JFLT will cause the general contractor to commence construction of the Bethany Home Road Extension prior to the City’s issuance of the 400th home building permit for the Residential Development Parcel and to achieve completion and acceptance within one (1) year thereafter (subject to Force Majeure Events and any mutually-agreed extensions), but in no event later than the Outside Completion Deadline (January 1, 2022).” How long will it be before the 400th (40%) home building permit is issued? Several years at least. In the meantime these new residents will have limited access to their newly created subdivision.

How does any of this agreement serve the best interests of Glendale’s taxpayers and the soon-to-be new residents?

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

May 16

3

Glendale council budget workshop, May 3 2016

Posted by Joyce Clark on May 3, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Heroes Park • O'Neil Pool • University of Phoenix Stadium • West Branch Library  | Tagged With: , , , , , | 2 Comments

It has been 18 years and 137 days since the city’s pledge to build the West Branch Library.

On May 3, 2016 city council had another budget meeting. I am always surprised about councilmembers’ lack of in-depth questioning of senior staff about specific budget items. To be fair, Councilmembers Turner, Tolmachoff and Aldama are asking questions but are they the right ones? Just one would be to ask senior staff to justify the hiring of new employees (Full Time Employee, FTEs) being requested in the proposed budget. Specifically adding employees to the city’s core services, public safety, water, sewer and sanitation is a no-brainer and should be approved for they comprise essential city services. However, adding employees to non-essential services should have been thoroughly vetted by council.

I have a lot of questions about the proposed budget but without serving on city council it becomes an exercise in futility for the average Glendale citizen to get any meaningful answers. Instead I offer some observations about the May 3rd session.

Senior staff recommended that three council identified requests go back to the

O'Neil Pool abandoned

O’Neil Pool abandoned

appropriate citizen board or commission with yet another subsequent city council workshop. An increase in library hours will go back to the Library Advisory Board. When library hours were cut it was just announced by the city as a cost saving measure and no citizen input was sought. The repair/replacement or even necessity for the O’Neil Pool will go back to the Parks and Recreation Commission. When the pool was closed due to leaks it was simply announced by the city and no citizen input was sought. Heroes Park is scheduled to receive a $50,000 reevaluation of its Master Plan and it will go to the Parks and Recreation Commission. The city never

Southwest Heroes Park

Southwest Heroes Park

announced its inattention to Heroes Park, it simply ignored it for 18 years. I can tell you what the result of this $50,000 study will be: citizens will say overwhelmingly complete the darn park; build the ball fields, the dog park, the urban fishing lake, a permanent branch library building and an aquatics and recreation center. It appears that city is betting through this wasteful study that citizens will be willing to settle for less in this park.

What is more troublesome is that when senior staff deems something to be a priority, it is accomplished…quickly…and money is no object. Take the need to meet the parking requirements for the football stadium. Senior staff was able to identify the necessary debt capacity of $32 million dollars, purchased the necessary land for $22 million and has already begun construction on the actual parking lots for another $10 million. The entire project will be completed in less than a year.

When it is not a senior staff priority the issue gets punted…er, delayed. Hence the maneuver to send back to citizen boards and commissions the very projects that enhance the quality of life for citizens in our community…extended library hours, reopening of O’Neil Pool and completion of Heroes Park with a definitive timeline. It appears as if it’s not a senior staff priority…you can forget it for a long time.

It’s time for city council to stamp its feet, have a hissy fit and insist that these projects get the attention they deserve…long overdue.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Apr 16

17

Classification and Compensation Study, Glendale city council workshop

Posted by Joyce Clark on April 17, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , , , , | 4 Comments

It has been 18 years and 121 days since the city’s pledge to build the West Branch Library.

Chavira volunteer

Chavira volunteer’s vehicle

Before we delve into the classification and compensation study, I just had to share this. A voter who had signed my nominating petition emailed me with this photo. To say the voter was perturbed would be an understatement. The voter observed a woman parking her vehicle. See it parked on the sidewalk? It turns out that the vehicle belonged to a young woman who was trying to obtain petition signatures for Sammy Chavira and Mark Burdick in a neighborhood I had already canvassed.  Apparently she did not know the law or chose to ignore the law. No matter. It seems to be the perfect symbol of the opposition who apparently think that laws are not meant to be obeyed. Talk about making a positive PR statement for your candidate…not!

On April 12, 2016 the third agenda item was an employee classification and compensation study performed by the consultant, Segal Waters. The presenters were Jim Brown, Human Resources Director and Andrew Knutson of Segal Waters. I cannot provide an easy link to the study because the file is too large and this blog site cannot accommodate it. However you can always go to www.glendaleaz.com, then click on the City Clerk link on the left side of the page. Once you get there at the top there is a link to Council Minutes and Agendas. Click on that and a page of dates will appear. Scroll down to 4/12/16, city council workshop. Then click on the Agenda for that meeting. The third item on the agenda is the study.

For this study Segal Waters used 11 Valley cities with Chandler and Gilbert being closest in population and the number of employees to Glendale. The consultant also used 3 private sector studies in arriving at its conclusions. The study focused on non-represented employees, those employees that are not primarily in the police and fire departments.

Mr. Brown began by stating that the city has no Compensation Philosophy. He did not indicate which of the cities used in the study had such a philosophy. Mr. Brown recommended that council adopt such a philosophy. If it contains specific annual increases to be met I would be reluctant to adopt it.

In the study’s Executive Summary it states, “Based on overall market data including custom survey peer employers and published data representative of the private sector, the City of Glendale’s pay structure is consistent with the market average at the minimum and midpoint, but falls below the custom survey and overall market average at the pay range maximum, as shown below.

“We define market competitiveness as being between 95% and 105% of the market average at the minimum, midpoint, and maximum. Market comparisons that fall within this competitive corridor are noted in black, below 95% are noted in red, and above 105% are notes in blue.”

In plain English, the study recommends giving employees who are at the maximum range of their pay scale an increase. In other words those non-represented employees who are at the top of their pay range should get more money. By the way, there are indeed employees who fall in the 105% category.

If this classification and compensation study is accepted in full it will affect 400 of the city’s 1,000 plus non-represented employees at a total cost of $3.1 million dollars initially. The study did not reflect the annual increase to the General Fund should this study be implemented.

The justification used to support the results were the turnover rates of non-represented employees:

  • In Fiscal Year 2013 the turnover rate was 20.2% or 182 employees
  • In Fiscal Year 2014 the turnover rate was 18.8% or 186 employees
  • In Fiscal Year 2015 the turnover rate was 14.5% or 158 employees

One question unasked by councilmembers was how did Glendale’s turnover rate during these Fiscal Years compare to other Valley cities? The justification for the study’s recommendation seemed to rely upon an implication staff made that the turnover rate was due to employees taking higher paying positions with other Valley cities. However, people leave their jobs for all kinds of reasons. How many of these employees simply retired? How many became ill and could no longer work? What about those employees who left their jobs only to be reemployed by the city as contract employees? That happens all the time. Employees leave their jobs for all kinds of reasons, not exclusively to take another municipal job at higher pay.

Councilmember Turner asked Mr. Brown if the city conducted employee exit interviews. Mr. Brown said that the city does. When asked for data about those interviews Mr. Brown had nothing to offer.

Councilmember Turner also asked a question about whether all departments were right-sized. Again, Mr. Brown, Director of Human Resources, could provide no information and punted to the individual departments for reliance as to whether each is right sized. Why has Human Resources never recommended a study to verify the right-sizing of all city departments? Why is staff so reluctant to accept the concept of zero-based budgeting, a mechanism that would produce an answer as to whether departments are right-sized?

It is understandable that Mr. Brown as Human Resources Director and Mr. Phelps as City Manager would urge the council to accept this study. That is part of their advocacy – to represent the employees and seek to gain pay raises for them.

Council has the right to have its questions answered in full. Until that occurs it should not be so hasty to accept the study’s recommendation.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Apr 16

13

An army arrived

Posted by Joyce Clark on April 13, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Heroes Park • O'Neil Pool  | Tagged With: , , , , , , , | 1 Comment

It has been 18 years and 117 days since the city’s pledge to build the West Branch Library.

The city council meeting of April 12, 2016 had a lot of green shirts with the logo “Heroes Park –Finish It” in attendance. Citizen speakers spoke about the need to finish the park, long

Green shirts in city council chambers

Green shirts in city council chambers

overdue; about the density of homes in the proposed residential development south of the Grand Canal; and the need to reopen O’Neil Pool. City council did take notice and several spoke about the park during council comments. What were heard were platitudes. Some said there was recognition of the need to finish the park but none offered a solid commitment to make that happen. Others recognized the need for more parking at the park and punted saying that more temporary parking would be created when the temporary modular library branch was installed.

None of the non-solutions are satisfactory. That means the work of the citizen group led by Tom Traw of the Yucca district and Norma Alvarez of the Ocotillo district is not done. Continual pressure by the citizens’ group must continue. They will not succeed with a one day show of

O'Neil Pool abandoned

O’Neil Pool abandoned

citizen force. Pressure must be applied on the city council to allocate the money needed to complete this park.

Please contact Glendale’s city councilmembers at the email addresses listed below and tell them you want Heroes Park finished and it has been far too long.

  • Mayor Jerry Weiers at mayorweiers@glendaleaz.com
  • Vice Mayor Ian Hugh at ihugh@glendaleaz.com
  • Councilmember Bart Turner at bturner@glendaleaz.com
  • Councilmember Lauren Tolmachoff at ltolmachoff@glendaleaz.com
  • Councilmember Ray Malnar at rmalnar@glendaleaz.com
  • Councilmember Jamie Aldama at jaldama@glendaleaz.com
  • Councilmember Sammy Chavira at schavira@glendaleaz.com

Or call the city council assistants and leave a message for each councilmember:

  • Mayor Weiers office at 623-930-2260
  • An army

    An army

    Council assistant Ryan Lee for Councilmembers Turner and Tolmachoff at 623-930-2250

  • Council assistant Adam Maynes for Councilmembers Hugh and Aldama at 623-930-2878
  • Council assistant Van Ornelas for Councilmembers Malnar and Chavira at 623-930-2016

If, after 18 years, you want Heroes Park to be completed it requires your involvement. One tiny ant can’t do very much but an army of ants can move mountains. You need to become a member of the ant army and actively voice your support for the completion of this park.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Apr 16

11

Be part of an army

Posted by Joyce Clark on April 11, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances • Glendale zoning issues • Heroes Park • West Branch Library  | Tagged With: , , , , | 4 Comments

It has been 18 years and 115 days since the city’s pledge to build the West Branch Library.

This Tuesday, April 12th at 6 PM Tom Traw of the Yucca district and Norma Alvarez of the Ocotillo district are calling upon residents of these districts to meet at Glendale city council chambers as a show of support for citizen speakers on the topics of: 1. calling for the completion of Heroes Park; 2. repair and reopening of O’Neil pool; and 3. opposition to proposed small lot homes between Camelback Road and Bethany Home Road, 83rd Avenue to 91st Avenue.

Each of these issues is important in its own right. It has been 18 years plus and Heroes Park is still not completed. An entire generation of children has grown up without the ability to enjoy this park.

O’Neil pool was shut down about 4 or 5 years ago, after it was discovered to be leaking. The city would like to remove the pool and repurpose the land. It is has refused to date to allocate any money to repair the pool. The only problem is that there are over 2,000 children in the area served by O’Neil pool who have no constructive activity, such as swimming, to enjoy during the summer months. This pool needs to be repaired and reopened.

Lastly, while no one opposes residential development it is expected to be good quality development that raises property values. The proposed residential development (larger than Rovey Farm Estates) has over 1,000 lots and many that are only 5,500 square feet, below the city’s conventional minimum standard for residential, single family home lots of R1-6 (6,000 square feet). A development of this sort does nothing to raise adjacent residential property values. In fact, it will lessen everyone’s property value. Not to mention that it will bring a whole new crop of children who need to be able to use nearby Heroes Park to its full promise.

All of these issues are important to the people of the Yucca and Ocotillo districts. That is why you are needed on Tuesday evening. You will provide a show of strength in backing up the citizen speakers and will show city council you are serious about these issues.

Here is what you need to know:

Tuesday, April 12, 2016

6 PM sharp

Glendale City Council Chambers

(intersection of 59th Ave. and Grand Ave.

Park in the city parking garage.

Council chamber is east of the parking garage)

Please join an army of citizens, the silent majority, who want the city to refocus its attention on the needs of these districts. You don’t have to speak unless you wish to. A large group of people…you… showing up in support of these issues will claim the attention of the city council and senior management. Tom Traw will be handing out T-shirts in support of Heroes Park. Supplies are limited. First come, first to receive a T-shirt until they are all gone.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Apr 16

6

Glendale city council workshop

Posted by Joyce Clark on April 6, 2016
Posted in Arizona Cardinals • Arizona Coyotes • City Council Actions • City issue and actions • City of Glendale • Gila River Arena • Glendale elected officials • Glendale finances • Heroes Park • University of Phoenix Stadium • West Branch Library  | Tagged With: , , , , , , , , , , , | 4 Comments

It has been 18 years and 110 days since the city’s pledge to build the West Branch Library.

The Glendale city council workshop of April 5, 2016 had 3 major issues up for discussion and direction by city council: the temporary West Branch Library; the pavement management program; and an introduction to the proposed new city owned arena manager.

Since I brought up parking for Heroes Park in my blog of April 5, 2016 entitled Glendale…fix the parking problem you created, it was definitely a topic of discussion. Erik Strunk, Director of Parks and Libraries, stated that they are working on temporary parking. He did not address the issue of Park Rangers sending people to park in adjacent neighborhoods or the safety issue of people crossing Bethany Home Road or 83rd Avenue to get to the park.

The final direction of the city council was to move forward with a temporary, 7500 square foot modular building. This action, of course, removes all impetus to ever build a permanent library structure. So, we in west Glendale, once again, get less — a 7500 SF modular structure half the size of Velma Teague Library in downtown Glendale.

The second item for discussion and direction was the city’s pavement management program. Currently the city spends $10 million annually to repair and maintain the city’s streets. Staff requested an additional $5 million a year. Ms. Vicki Rios, Interim Finance Director, presented a series of slides during the discussion. I bring two of those slides to your attention. This first one shows the city’s current debt service. The red, dotted line is the city’s secondary property tax revenue that is used to pay this form of debt. Please note that as of this year’s (FY 16-17) budget there is new debt capacity available…perhaps to build the west branch library? The new debt capacity is the difference between the red, dotted line and the sold green block depicting debt payments.

Current General Obligation debt

Current General
Obligation debt

Not so fast. Look at this second slide. It depicts current debt plus new, proposed debt.

Current debt plus new debt

Current debt
plus new debt

Note the Series 2016 debt depicted by the brownish square in the legend. That Series 16 debt is the $32 million the city is issuing next week to pay for the land and to construct parking on it to satisfy the city’s obligation to provide adequate parking for Cardinals’ football games. The orange, olive and blue areas above the brownish parking debt represent $5 million dollars a year in new debt for the pavement management plan. Note the red, dotted line which are funds used to pay the debt. Now there is no debt capacity available until Fiscal Year 21-22. With council’s approval of two items: the issuance of $32 million in debt for Cardinals’ parking and the $5million a year ($15 million total) for the pavement management plan there is no debt capacity to do anything else including building a permanent west branch library. The significance of these decisions is that there will be no debt capacity to build a west branch library for SIX more years until Fiscal Year 21-22. We will have waited for the west branch library for 25 years. There is no word to describe this situation other than disgraceful.

The last item was a public introduction of AEG as the proposed new manager of the city owned Gila River Arena. There was no mention of the Coyotes who continue to declare that they will move to some magical, undefined new facility somewhere else in the Valley. The reality is that AEG, as arena manager, the Coyotes and the city will have to come to terms in the meantime. I continue to believe if the Coyotes and AEG can come to agreement for a few years, why not long-term?

Under council requests for future workshops only one councilmember spoke, Sammy Chavira. He requested that the city present its travel policy and compare it to other Valley cities. What was more interesting is that Sammy, largely invisible these days, was cornered by an Arizona Republic reporter and questioned about his trips. Sammy’s only response was, “I want to stick to the policy to find out from now on – so next time, if you look at your policy, if you see anything, that you know that’s what we’re adhering to. What I want to do is I want to put something in concrete.” Say what? What did he say? Here is the link to the full story in the Arizona Republic: http://www.azcentral.com/story/news/local/glendale/2016/04/06/glendale-councilman-sammy-chavira-requests-review-travel-policy-after-council-trip/82631826/ .

I can see it now. Sammy’s defense is that he followed city policy. OK, so now it’s the city’s fault? Where is Sammy’s ethical and moral compass? In essence he is admitting that he took advantage of a policy. It’s the same as if there were a policy that said, thou shall not steal. Since the policy is so vague an argument could be there is no definition of the word “steal.” Sammy is playing word games but they won’t work this time. He is accountable for his actions. He should voluntarily reimburse the city for the nearly $25,000 he spent for trips to see the Pope, his buddy sworn into Congress, his excessive baggage claims and rebooked flights, and his two highly suspicious trips to California. Don’t hold your breath on this one.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Mar 16

25

Chavira’s trips just won’t go away

Posted by Joyce Clark on March 25, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , , , , , , | 3 Comments

It has been 18 years and 99 days since the city’s pledge to build the West Branch Library.

At the Glendale city council meeting of March 22, 2016 during Council Comments Sammy stated that he will request a review by council of its travel policy. And so the story of his questionable travel expenses lives on. If he thought announcing that he was requesting a review of the policy would put him on the right side of the issue he was wrong. Once someone in the public eye has committed a transgression it lives in the public eye forever. Sammy’s travel expenses are an election issue. They go to the character of the man and to his ability to make sound, ethical judgments.

Paul Giblin of the Arizona Republic has another story on Sammy’s travel out today, March 25, 2016. Here is the link: http://www.azcentral.com/story/news/local/glendale/2016/03/24/glendale-councilman-sammy-chavira-seeks-review-travel-policy/82181492/ .

In Giblin’s story there are quotes from a recent Chavira email and City Attorney Michael Bailey’s email response on the issue. Chavira emailed City Attorney Michael Bailey and City Manager Kevin Phelps saying, “I would appreciate if you confirm that I followed all the rules and regulations regarding my travel expenditures. Additionally I would appreciate it if you would confirm that I submitted all my receipts and appropriate paperwork.” Note Sammy’s choice in wording. He used the word “confirm.” Hmm…it’s pretty obvious that Sammy is seeking someone, anyone to provide cover for his ethically challenged travel expenditures.

Mr. Giblin received Public Information Requests not only for Sammy’s email but for City Attorney Michael Bailey’s response. Now it gets interesting.  Bailey noted that the council’s travel policy is lax as no prior approval is required by anyone and the councilmember has the responsibility to decide if an expense is reasonable. What appears reasonable to Sammy may not be reasonable to you or others.

Giblin quotes from Bailey’s email, “Noting the foregoing (council’s lax policy and the absence of any standard for reasonableness) and based upon the information I have been provided regarding travel expenditures, the information does not conclusively establish any unlawful expenditures or any expenditures in violation of council policy.” How is that for making sure Bailey has wiggle room? You have to especially like the use of the word “conclusively.”

Then there is the issue of lost receipts raised by Councilmember Turner. Council has no policy regarding how to handle them appropriately or to establish a cap on reimbursements made with no paperwork to confirm the amount being requested. Apparently Sammy was reimbursed for lost receipts as well.

It gets even better. Giblin asked former Fire Chief Mark Burdick, now a mayoral candidate, about the situation. Burdick’s answer? He thought Sammy used his personal credit card and had no idea that Sammy used the city’s credit card to pay for the infamous $420 dinner. Where is Burdick’s announcement that under those circumstances, he too, will reimburse the city personally? Where is Burdick’s statement on the propriety of a dinner that included one of his subordinate fire fighters, Glendale fire fighter Danny Valenzuela?  According to Giblin, Burdick goes on to request a citizen’s ethics commission to oversee councilmembers’ expenses. That idea may be a bit of overkill as a remedy but hey, Burdick’s got to distinguish himself from the incumbent mayor somehow. This is as good a way as any.

In Giblin’s online Arizona Republic story there are graphs and charts comparing the travel expenditures of all of the councilmembers. Note that the two highest spenders are Sammy and recalled Councilmember Gary Sherwood. It appears that both fancied themselves as high rollers. They were buddies. They often went on the same trips. They voted together on many high profile city issues. Many citizens believe that they might have traded votes. The most notable being Sherwood’s flip-flop on the casino issue voting in favor and Sammy’s flip-flop on the $15 million a year arena management contract to IceArizona voting in favor. Each of these men voted in direct opposition to their campaign promises to their voters.

The ethical action for Sammy would be to reimburse the city for his problematical travel expenditures. He can’t do that although he should. If he were to reimburse the city that is tantamount to an admission of wrong doing. Sammy has no choice but to continue his mantra of I did nothing wrong. We’ve all heard many politicians say the same only to have them end up in jail.

The problem for Sammy is twofold. This issue is not going to go away before the Primary Election on August 30, 2016 and it forever defines his ethics and character for the voters of the Yucca district. They are angry and disgusted to learn Sammy wasted nearly $25,000 of their hard earned tax dollars.

Sammy has never addressed the primary purpose of his trips. To all appearances his primary purpose was to have fun in Washington, D. C. on your money. His perceived secondary purpose was to throw in some sort of brief meeting on a city related topic to provide him with just enough cover to be considered legal. The primary purpose and secondary purpose of a trip on taxpayer money is the distinction that many are missing. If the primary purpose is conclusively for city business that is legitimate. Perhaps secondary, unrelated to city business, portions of trips should be paid by the individual.

The voters of the Yucca district are angry. Glendale city councilmembers should be angry as well. They made appropriate and ethical decisions regarding the primary purpose of their travel. Unfortunately the ethically-tainted brush being used on Sammy will be used on them. Sammy’s apparent unethical decisions have now called into question their decisions.

Sammy’s questionable ethics is a story that is not going to go away although he may on Primary Election Day.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

Mar 16

23

Glendale council meeting zips right along

Posted by Joyce Clark on March 23, 2016
Posted in City Council Actions • City issue and actions • City of Glendale • Glendale elected officials • Glendale finances  | Tagged With: , , , , , | No Comments yet, please leave one

It has been 18 years and 97 days since the city’s pledge to build the West Branch Library.

The Glendale city council meeting of Tuesday, March 22, 2016 was completed in a little over an hour despite an agenda of 41 items, 36 of which were consent agenda or consent resolutions. The only curious item of note was Item 12, Position reclassifications presented by HR Director Jim Brown. There was only one position reclassification requested and that was for the City Attorney’s Office. The request was to create a new title, Senior Assistant City Prosecutor. The reason given for the request was to “realign to better meet department needs.”  Hmmm…it seems a bit strange to bring forward only one position in the organization for reclassification.

The more interesting events of the evening were not formal agenda items. During the public comment portion Bill Dempsky of the Sahuaro district, a regular citizen public speaker, railed about Councilmember Sammy Chavira’s excessive and questionable travel expenses. He cited specific facts about those expenses and commented that Sammy wasted $3,000 of your taxpayer dollars with his constant habit and practice of changing flights.

Sammy has become very nervous about his recent negative press coverage and so, lo and behold, he spoke. At the end of the council meeting during council comments, he pulled his written comments before him and began to read. His comments were carefully worded and it was obvious that Sammy did not write them for he does not speak that well.

He said he always followed the travel policy of the city. He failed to mention that in relation to elected officials whatever policy does exist is non-existent or very weak. We would not expect him to acknowledge that he gamed the system. He can claim he did nothing wrong but the Yucca district voters no longer believe him. One man told me, if it walks like a duck and quacks like a duck, it’s a duck. He went on to say appearances are everything and it appears to him that Sammy is using his power and privilege to his advantage, not that of the people.

Chavira had two “fun” trips on his agenda – one to see the Pope in Washington, D.C. on a large screen TV and the other to see his friend and mentor, Ruben Gallego, be installed as a U.S. Congressman. But Sammy had a problem. For you see, he had to make these trips “legitimate.” What to do? Simple, claim some sort of meeting related to city business—with someone, anyone, willing to back up his claim that a city issue was discussed. For all we know the so-called meeting could (and probably was) 5 minutes long but it would have been enough to CYA.

Sammy’s bosses, including the Phoenix Fire Chief, have tacitly acknowledged the impropriety of Sammy’s paying $420 for their seafood and steak dinners by returning their portions of the check (5 Phoenix officials have done so to date) to the City of Glendale. Not only that, but they repaid with personal funds. Has it ever occurred to Sammy that it’s time he repaid the city as well? Probably not.

Sammy went on to say that he supports review of the city’s travel policy and at the April 5, 2016 city council workshop he, personally, would request such a review as an action item for a future city council workshop.

Sammy is definitely scared. He got caught with his hand in the cookie jar and is desperately looking for a way to keep his hand intact. This time it’s not going to work. What Sammy doesn’t realize…yet…is there are a lot of angry voters out there. They were already angry about his lack of accessibility and responsiveness to his constituents; his canceling of scheduled meetings with them; his absences from council meetings; and his lack of communication with the people he was elected to serve. Sammy’s performance as their councilmember has been less than sterling. Now with these new revelations about his use of taxpayer money, they have had enough.

To a majority of Yucca district voters Sammy has exhibited the worst characteristics of an elected politician, with his cronyism, his advocacy of issues in support of his large campaign contributors, his advocacy of more money exclusively for the fire department and his abuse of power. They are disgusted and have had enough. They believe he epitomizes the worst of establishment politicians and they will not vote for him again. They think he represents the cliché of smoked-filled rooms and back deals. They realize that Sammy is not working for them. Rather Sammy is working for Sammy.

All of these reasons…and more…persuaded me to run for the Yucca district council seat: to restore dignity and honor to the position; to research and to question staff thoroughly regarding their policy recommendations; to restore accessibility and communication to the people of the district; and to become an instrument of giving the people of the district their voice back. I ask the people of the Yucca district for their support. I ask for their vote in the August 30, 2016 Primary Election.

© Joyce Clark, 2016

FAIR USE NOTICE

This site contains copyrighted material the use of which is in accordance with Title 17 U.S. C., Section 107. The ‘fair use’ of any such copyrighted material as provided for in Section 107 of the US Copyright Law and who have expressed a prior interest in receiving the included information for research and educational purposes. For more information material on this site is distributed without profit to those who have not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democratic, scientific and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such material. For more information go to http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use,’ you must obtain permission from the copyright owner.

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