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Joyce Clark Unfiltered

For "the rest of the story"

Strike up the band ! 1195436089266192967johnny_automatic_marching_band_1.svg.hiHold a parade!celebrate_newoptimistclub I am hosting a Yucca district meeting !! bTynXyXTLSave the date!  Tell your friends and neighbors!hug-club-clip-art-335

THURSDAY, JULY 21, 2012

6 PM

WEST VALLEY FAMILY CHURCH

6115 N. 91ST AVENUE

GLENDALE, AZ 85305

(East side of 91st Avenue, directly across from the Cardinals football stadium)

It is not appropriate as a candidate for the Yucca district city council seat to have city personnel at this meeting. That will have to wait. Be assured, if I am elected, I will host another meeting immediately upon taking office with city personnel present. I am giving the Pastor of the Church an opportunity to greet everyone. I have also invited Mayor Jerry Weiers to make a presentation and to answer any questions you may have. I, too, will speak briefly and then open the meeting to all of you.

This is a great opportunity to tell me your thoughts on a wide variety of issues that are important to you. Tell me about the code enforcement service you have received, or not…how about the police response in your neighborhood? Share your thoughts about light rail in Glendale or any other issue. I will listen. I will take notes. I will act.

For those of you who are new to the district or have never met me, you will have an opportunity to ask questions of me and to find out why I am running to represent you.

It is also an opportunity to meet other Yucca district residents…your neighbors. There has not been a Yucca district meeting since May of 2013. You have been disenfranchised by your councilman. Now, finally, you will “get your voice back!”

Please share the news of the Yucca district meeting with your friends and neighbors. Please help me to get the word out. I’d love to see 100+ district residents in support of resuming district meetings.

It will be great to see you all again!

PLEASE DONATE TO MY CAMPAIGN BY CLICKING ON THE PAY PAL BUTTON TO THE LEFT.

PLEASE CHECK OUT THE CHAVIRA VIDEOS TO THE LEFT OF THIS COLUMN.

It has been 18 years and 200 days since the city’s pledge to build the West Branch Library.

On June 27, 2016 I sent a letter and an email to Sammy inviting him to a debate. Here is a copy of the letter I sent (email was identical).

Debate invitation June 27 2016

Debate invitation to Chavira June 27, 2016

I secured a site for July 14, 2016 at a local church and Robert Heidt, CEO of the Glendale Chamber agreed to moderate. I asked Sammy to respond by close of business on July 5, 2016.

Surely it is not difficult to make such a decision within a week.  I clearly stated in my letter that if  I did not receive a response by July 5th that meant that he was declining my invitation and I would cancel the arrangements I had made. As of posting this blog I have received no letter of acceptance or rejection; no email of acceptance or rejection; and no phone call of acceptance or rejection.  I have cancelled the debate arrangements. Sammy does not have the common courtesy to respond to a debate invitation and to confirm or refuse that invitation. He should not be surprised if he turns up at the church on July 14th to find that no one is there.

It is July 6, 2016 and Sammy has not responded, period. Not an, “I’m sorry. I have another commitment on that date.” Nothing. Just silence. That seems to be his habit and practice. He has been contacted by the media on numerous occasions to explain his lavish travel on taxpayer dollars. Once again, nothing. Just silence. Does he really believe that ignoring a situation will make it disappear?

In the July 7, 2016 edition of the Glendale Star, Sammy was asked by Darrell Jackson, the reporter, if he would take part in the debate to which I had invited Sammy and had scheduled for July 14, 2016. Chavira’s response? “Let’s just say my record speaks for itself.” It certainly does. His record consists of abuse of taxpayer money on lavish trips, a dozen absences from council workshops and meetings, one district meeting held during his entire term and failure to appear in court with a subsequent driver’s license suspension. That is a record that certainly speaks for itself.

Is Sammy afraid to debate? One could assume that is the case. After all, he and I would have been asked questions without the benefit of knowing them beforehand. Sammy would not have had time to ask others to help him to prepare his answers. If you have ever watched Sammy at council workshops or meetings, he is heavy on thanking everyone for everything but light on offering a substantive response on anything. He doesn’t appear to be very articulate on any subject and seems to have trouble responding without prepared notes (crafted by someone other than Sammy).

So, Sammy will remain, for the time being, as the Yucca district’s invisible councilmember. Sammy, has repeatedly shown how little he respects the voters of the Yucca district and has not earned your vote.

© 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.

PLEASE CHECK OUT THE SAMMY CHAVIRA VIDEOS TO THE LEFT OF THIS COLUMN. EACH IS ABOUT A MINUTE AND A HALF.

It has been 18 years and 187 days since the city’s pledge to build the West Branch Library.

My thoughts. On June 21, 2016 Glendale’s city council discussed the travel policy issue during its workshop meeting. Here is Channel 15 TV’s take on the situation: http://www.abc15.com/news/region-west-valley/glendale/glendale-city-councilman-sammy-chavira-comps-23k-in-travel-expenses-since-2013 .

Council consensus was that it rejected the use of per diem and wanted to foster more “transparency.” The most disturbing aspect of this issue is that historically there has been no known councilmember abuse of the travel policy….until Sammy Chavira. Sammy’s questionable spending of nearly $25,000 on lavish trips has created a problem where previously there was none. His decision making has proven to be flawed. This brings into question his votes on important city issues such as the previously approved arena management agreement with IceArizona. Were his votes the result of flawed decision making? Were his votes in support of certain councilmember pals or because he received large campaign contributions?

The city has had to spend its valuable resources in terms of staff time and effort to present to city council in a workshop meeting only to learn that it must do further research to be presented once again at a future workshop. City council has been distracted from policy making on the larger issues the city faces. Sammy not only wasted taxpayer money on his travel but he has caused the waste of taxpayer money to redress an issue that had never been an issue before.

In response to Councilmember Tolmachoff’s justification for council travel to D.C. to meet face-to-face with Arizona congressional members; there are other means to achieve the same goal. All Arizona congressional members have offices locally and are often in the Valley meeting with constituents and others. If any councilmember wants a face-to-face with an Arizona congressman he or she can call the local office and schedule a face to face when the congressman/woman is in town. It obviates the necessity of traveling to D.C. for a face-to-face and saves thousands of dollars in airfare/hotels/meals.

As it reads now, the travel policy allows a councilmember to determine if the travel is reasonable. Reasonable is practically impossible to define. What is reasonable to you may be totally unacceptable to someone else. Rather the public wants full disclosure and accountability. If a councilmember is traveling there should be a robust explanation of exactly how the purported city business is a benefit to the city and the taxpayer…with whom will they be meeting? When? Where? The result achieved? All of this information must be publicly posted.

Councilmember Turner during workshop focused on councilmembers’ lost ProCard receipts. Here is an example of just one of many turned in by Councilmember Chavira:

Lost receipt

The illustration is fuzzy and not as clear as one would like. The Lost ProCard Receipt Form shows a date of purchase on 7/10/2015 at Durants’ Fine Foods in the amount of $97.23. Yet Sammy didn’t turn the form in until 4/6/2016….a full 9 months later. Why? Also note the items purchased were 3 specials and 3 drinks. Brent Stoddard, City Council Office Manager and Director of Intergovernmental Relations, is charged with reviewing and approving councilmember submissions such as this one. It is Mr. Stoddard who corrects the record with the notation, “tea/soda? Non-alcoholic.” So, Sammy, what were the “drinks?” Alcoholic? Non-alcoholic? Is this why the receipt was “lost” with the report form being filed 9 months later? To bury it? It’s questions like these, in the light of Sammy’s past actions, that now lead everyone to question why he does the things he does.

The majority of Glendale’s city council, historically and now, is quite respectful and mindful of the use of their taxpayer funded budgets. It just takes one to cause a problem and to reveal flaws in the system waiting to be gamed…in this case it was Sammy Chavira.

Resolution is now required and it must be quickly implemented, clear and concise, based upon the principles of full disclosure and accountability. Taxpayers should be able to easily access information that discloses where the councilmember went, how much it cost and for what specific city business. It’s not that complicated nor is posting it online on each councilmember’s page.

© 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.

PLEASE CHECK OUT THE THREE CHAVIRA VIDEOS TO THE LEFT OF THIS COLUMN. EACH IS ABOUT A MINUTE AND A HALF IN LENGTH.

It has been 18 years and 185 days since the city’s pledge to build the West Branch Library.

Glendale city council travel policy…It certainly was an interesting topic that had been requested by Councilmember Chavira after he got caught with his hand in the cookie jar. Ironically, Chavira, after having made the request for discussion, had not one substantive suggestion or comment to make. He remained largely silent as councilmembers opined and only said he thanked staff for their work on the issue and wanted Glendale, “to set the standard in travel.” That was it. That was Sammy’s entire contribution to the discussion. If you would like to view the complete council discussion, use this link:

http://glendale-az.granicus.com/MediaPlayer.php?view_id=2&clip_id=2452 .

City Manager Phelps introduced the item with an apology explaining that the staff work on the issue was lacking. Councilmember Aldama was visibly upset. Why, you ask? He wanted to provide input to staff prior to bringing the issue to workshop and did not have that opportunity. Later in the discussion he suggested a citizen’s Ad Hoc Committee to draft council’s travel policy. The idea went over like a lead balloon with the rest of council literally ignoring his suggestion. He did offer one interesting statement saying “he has never misspent” taxpayer money. Yet some Glendale residents are curious as to why he gave thousands of dollars to the Glendale Women’s Club with the understanding that they would pass it on in support of yet another Glendale festival. Hmmm….

Paul Giblin of the Arizona Republic had a story online on the evening of June 21, 2016, several hours after the city council workshop. Here is the link:

http://www.azcentral.com/story/news/local/glendale/2016/06/20/glendale-consider-tougher-taxpayer-funded-travel-rules/86152722/ . In his story Giblin says, “The newspaper (Arizona Republic) reported on March 4 that Chavira expensed $2,075 to see his friend Ruben Gallego sworn into the U.S. House of Representatives in Washington, and $1,933 to watch Pope Francis address Congress in Washington (on a large screen TV for overflow crowd).

“The Republic also reported that the first-term councilman billed taxpayers a combined $1,033 for poorly documented business-development trips to the Los Angeles area, and a combined $3,136 for airline ticket change fees, seat upgrades and baggage charges since taking office in January 2013.”

The council word “du jour” was “transparency” begun by Councilmember Malnar and repeated continually by the rest of council. It is a word so over used by politicians as to lose all meaning. What Glendale taxpayers expect and deserve is full disclosure that leads to accountability when it comes to spending taxpayer dollars. Several interesting comments were made by various councilmembers. 

Councilmember Tolmachoff spent the better part of five minutes explaining the importance of councilmember travel. For a moment I thought I was back in school. Her rationale centered on the building of relationships that would further Glendale’s agenda as well as the personal development gained through travel. I would suggest that both of those arguments are debatable. She indicated that she wanted staff to develop a method of posting her spending of taxpayer money online.  This is not a new or original idea. This is a concept that I have publicly advocated for as part of my campaign platform for four months, ever since I announced my candidacy to replace Chavira.

Councilmember Turner, after a vigorous defense of staff’s work on the issue, proceeded to offer a litany of specific changes that he wanted. They ranged from provision of itemized documentation; the use of pre and post travel reports; justification for reimbursement of travel change fees; alerting the City Manager of planned travel; and CFO approval of travel expenses. Generally there was council consensus on the rejection of the use of per diem by councilmembers and the desire to post councilmember travel reports online in order to provide greater transparency (there’s that word again). Assistant City Manager Duensing summarized the discussion by stating that staff would be back at a future date with recommendations to increase council “transparency.”

Three recent opinion pieces clearly offer the reasons as to why the need for Glendale city council travel policy review was required. The first is a Letter to the Editor by Ron Myers, constable of the Arrowhead Justice Precinct in Glendale offered on March 10, 2016:

“As an elected public official in Maricopa County who lives in Glendale, I am appalled and dismayed to read a story in The Republic that Glendale City Councilman Chavira has abused the trust of the taxpayers in Glendale by spending lavishly on questionable trips and meals charged to his expense account that we all pay for.

“What possible city business could it be for him to fly to Washington, D.C., to observe the Pope’s speech on a TV monitor or to watch his friend get sworn in as a congressman? Does he really think he can justify spending over $400 on dinner for his superiors in the Phoenix Fire Department while out of town?

“The City of Glendale takes one more black eye from out-of-control politicians. Shame on him and shame on the City of Glendale for allowing this fraud and abuse.”

Another is an opinion piece by Laurie Roberts of the Arizona Republic on March 25, 2010. She said:

“Glendale’s travelin’ man, Councilman Sammy Chavira, is asking for a review of the city’s travel policy. Apparently, it’s not clear to him that taxpayers shouldn’t be footing the $2,000 tab for him to travel to Washington, D.C. to see his pal, Rueben Gallego, sworn into Congress. Apparently, he believes it was a legitimate taxpayer expense to fly him to the nation’s Capital so that he could watch Pope Francis address Congress. Clearly, Glendale citizens needed to spend $420 for a posh seafood dinner party at a celebrated restaurant in Washington, D.C. Giblin reports that Chavira’s 2014 dinner party included several Phoenix officials, including two of Chavira’s bosses. Chavira is a Phoenix fire fighter.

“Yeah, I can see where there would be a clear need for Glendale taxpayers to foot that bill.

“Chavira said this week that recent medial reports (read: Giblin’s excellent dogging of this story) have led him to believe the city needs to review its policy. ‘While I have always followed the travel policies of the city, I am also completely supportive of reviewing the council’s policies and guidelines,’ he told his colleagues. The policy allows elected officials to decide what is and is not reasonable. Essentially it relies upon the city to elect ethical and honest leaders who don’t look to lax policies as an excuse to rack up frequent flier miles at the public’s expense.

“Given that that isn’t working in Glendale, perhaps it is time for the council to review travel. Or maybe it’s time for the citizens to review who they are putting on council.”

The third piece is a short video conversation by Columnist E.J. Montini and reporters Paul Giblin and Craig Harris as they talk about government officials expensing questionable trips to taxpayers and the lack of accountability in monitoring how they spend taxpayers’ money. Here is the link:  http://azc.cc/1p4sVnQ  .

Laurie Roberts had it right when she said, “…it’s time for the citizens to review who they are putting on the council.” It’s time to remove Sammy Chavira from city council.

© 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.

PLEASE CHECK OUT THE THREE CHAVIRA VIDEOS TO THE LEFT OF THIS COLUMN AND PLEASE DONATE TO MY CAMPAIGN.

It has been 18 years and 180 days since the city’s pledge to build the West Branch Library.

Rarely does Glendale make a good news headline these days but unbelievably, it has happened. On June 13, 2016, Paul Giblin offered a story in the Arizona Republic entitled Glendale business boom: New companies, jobs headed to city. Giblin tells us, “More than a dozen companies have either moved to Glendale or expanded in the city this year…” representing “approximately 1,000 immediate jobs and 3,000 jobs at build out.” Here is the link to his story: http://www.azcentral.com/story/news/local/glendale/2016/06/13/glendale-business-boom-new-companies-jobs-headed-city/83852820/?hootPostID=6ada3683edf973f91ab90c9ddc9731c8 .

Who is responsible for the good news? City council? Nah. City Manager Phelps? Nah. The real heroes of this story are Glendale Economic Development Director Brian Friedman and his team. Of the 95,000 person workforce in Glendale, 84,000 travel outside of Glendale to work. Only 11,000 Glendale residents are employed within the city. It should be noted that 59,600 non-Glendale residents travel to work inside Glendale. Congratulations to Brian Freidman and his team. Keep up the good work as Glendale continues its economic resurgence.

One of my readers sent me mayoral candidate Burdick’s latest blast email. In it, I was particularly drawn to this, “Glendale residents deserve well-paying, fulfilling and abundant employment. We have the ability to recruit new, high-paying employers to our region, but unfortunately, many employers and developers look past Glendale because of ongoing budget problems, broken promises and failed relationships.”

There is no doubt that our residents want good, high-paying jobs where they live – here in Glendale. It seems pretty apparent that is exactly what Brian Freidman’ goal is. That is exactly what Freidman is creating in Glendale.

Three days after Giblin’s good news story about job creation and new businesses coming to Glendale, Burdick, in apparent ignorance of the facts, says that new employers are NOT coming to Glendale. I guess Burdick and his team don’t read a newspaper very often. How embarrassing.

I’ve been sent several of Burdick’s email blasts by my readers. What seems to be lacking in all of them are any semblance of fact to back up his claims. Where are they?

At least when I refer to my opponent’s ethical challenges, there are facts gathered from the media or city council minutes to back them. For instance, his travel expenditures were well documented in the Arizona Republic on March 4, 2016. His traffic citation and failure to appear in court were reported by the Glendale Star on April 28, 2016 and his record of absences can be found in city council minutes.

Now, a little of this…the light rail issue, is one of the most divisive in modern Glendale history. A few weeks ago Glendale Councilmember Ray Malnar offered to the public cost estimates to build 7 miles of light rail beginning at the end of the Phoenix light rail and culminating in Glendale on either the east or west side of Grand Avenue. Here are the cost estimates he provided:

  • Glendale Total cost (7 miles) $560,000,000.00
  • Federal Funds 50% $280,000,000.00
  • Glendale Sales Tax (GO Transportation Program) 17.5% $84,000,000.00
  • Phoenix T-2050 Tax 17.5% $112,000,000.00
  • WEST PHOENIX-CENTRAL GLENDALE – Regional Funding 15% $84,000,000.00
  • Assumes 50% federal funds and 15% regional funds
  • Assumes local share is split 4/7 Phoenix (4 miles in Phoenix), 3/7 Glendale (3 miles in Glendale)

Councilmember Malnar went on to report, “The latest estimated maintenance cost is $1.5 Million per mile for a total of $10.5 million per year. Based on the 3/7, 4/7 split between Glendale and Phoenix, the estimated Glendale cost per year for maintenance and operation of the 3-mile section would be $4.3 million per year. These costs are estimated to be reduced by about 1/3 from passenger fares, advertising and other income sources.”   

These are important facts to consider. Cost estimates for Glendale’s portion are $84 million dollars which comes out of Glendale’s GO Transportation sales tax revenues and the annual estimated maintenance cost to Glendale would be in the $4 million dollar range (cost reduced by 1/3 resulting in estimated cost of $3 million dollars per year).

The question of light rail in Glendale at this time and its associated costs demand another public vote expressing ratification or denial of the light rail concept in Glendale. The last vote on the issue was in 2001, 15 years ago, and resident’s priorities may have changed since that vote. Residents need the facts regarding costs and then the right to determine if this is how they want the transportation sales tax to be spent. Are there other priorities for which $84 million dollars of transportation sales tax could be used?

Now, a little of that…the elusive proof of insurance for the Cinco de Mayo Festival has finally been located and produced. Former Councilmember Norma Alvarez received the document as a result of yet another Public Information Request. She shared the result of that request and I am now sharing it with you. Here is a copy of the insurance: BreakthruChurchInsurance 2

Please note that it is under Barrio Breakthru Community Church. It would appear that a claim for the estimated $50,000 of criminal damage to city hall can be made against their policy. It would also be highly appropriate for the city to notify Barrio Breakthru Community Church and/or Productions that it will perform an audit of the $5,000 donated to them by Councilmembers Chavira and Aldama for their Cinco de Mayo event. After all, it is taxpayer money and the public has the right to learn if the $5,000 was spent appropriately.

Lastly…the Scottsdale city council had selected 3 finalists in its search for a new city manager. One of those finalists was Jim Colson, a former Economic Development Director for Glendale. On a 6 to 1 vote, the Scottsdale city council has directed that it will begin a new search with all finalists having been rejected.

© 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.

PLEASE CHECK OUT THE CHAVIRA VIDEOS TO THE LEFT OF THIS COLUMN.              PLEASE MAKE A DONATION TO MY CAMPAIGN!!

It has been 18 years and 174 days since the city’s pledge to build the West Branch Library.                                                                                                               Recently the Arizona Republic had a story about cities and their park rankings. Here is the link:http://www.azcentral.com/story/news/local/phoenix/2016/06/03/report-phoenix-area-cities-lag-park-funding-access/84931948/ . Glendale ranked in the middle of the pack nationally at number 55. It was disappointing to read that Glendale spends the least on their park system at $39 per resident. The national median was $82 per resident. Glendale spends less than half the national median. This is a truly unacceptable statistic. Scottsdale spends the most in the state at $115 per capita and even Phoenix spends $88 per resident.

The leadership of Glendale, city council and senior management, want Glendale to grow. An admirable goal to be sure but how does a city attract new growth? Two components are essential. One is first class amenities such as parks and plenty of them. Residents want clean, safe parks close to their neighborhoods as do employees of prospective employers deciding to locate in Glendale. Peoria and Surprise are well on their way to meeting this goal. Just look at Glendale’s Grant Canal Linear Park. It is heavily used daily as is Glendale’s Thunderbird Paseo Linear Park. They demonstrate just how important parks are to residents.

Glendale is woefully lagging its neighbors. We still see an unfinished Heroes Park. Two other major parks in west Glendale also remain unfinished. Forget about new parks when Glendale can’t even find the will or funds to finish what it has started. Where are the funds to reopen O’Neil Pool? Putting in a West Branch Library as a modular building is an affront to current and future residents.If Glendale is serious about growth these are issues that must be addressed.

The other component for growth is quality residential development. Glendale’s vacant parcels should not be destined for high density, single family residential. These precious, vacant parcels are an opportunity to raise the bar of residential development. When Glendale allows a Stonehaven residential development with 43% of the lots only 5,500 square feet in size, it is not raising the bar for quality development. Some make the argument that a 5,500 square foot lot with a small home can still be a quality product. Generally it has been found that this type of house product is an entry level home and those that can qualify for purchase of this product cannot afford to upgrade options offered. So you see laminate kitchen counter tops instead of granite, standard bathroom fixtures and standard flooring…no upgrades. You find small bedrooms with just enough room for a bed and not much more. Stonehaven at approximately 300 acres of prime residential development is an opportunity squandered away by Glendale.

Glendale, it’s way past time to set the bar higher. Use the residential land left to attract other than entry level home products and for goodness sakes, finish our parks and add more parks, please.

© 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.

It has been 18 years and 163 days since the city’s pledge to build the West Branch Library.

PLEASE CHECK OUT THE TWO SAMMY CHAVIRA VIDEOS TO THE LEFT OF THIS COLUMN.537e4d22979c7.image

Before beginning today’s blog let us all take a moment to remember all armed service active duty and veterans for their service and their sacrifice. A bit of trivia…did you know that 1% of America’s population is responsible for preserving the freedoms that 99% of us enjoy? Our debt is enormous.Memorial-Day-Graphic

Light rail continues to remain contentious. In its city council meeting of April 24, 2016 city council split on a 4-3 vote approving its route and mode of transit. Voting for light rail were Councilmembers Tolmachoff, Turner, Aldama and Chavira. Voting against, while citing the need for an investigation of the alternatives, were Mayor Weiers, Vice Mayor Hugh and Councilmember Malnar.

This issue will come before city council once again, probably in January of 2017. At that time city council will be asked to commit formally to financing and approving the final route. At that time they will still have the option to approve or deny funding for light rail.

There are many angry people out there who are opposed to light rail for many reasons and they are not going to go away. The wisest action this city council could take would be to call for a special election and allow the citizens of Glendale to decide this issue for once and for all. After all, the last vote taken about light rail was 15 years ago and in that time we have seen many things change. It’s time to formally reassess the will of the people of Glendale.

City hall damage and the fall out just will not go away. In Paul Giblin’s story of May 24, 2016, the city acknowledges that nearly $50,000 (not the $30,000 I had cited previously) of damage had been done. Here is the link :  http://www.azcentral.com/story/news/local/glendale/2016/05/24/vandals-cause-50000-damage-glendale-city-hall/84557320/ .

 In a second Public Information Request I again asked for the following:

  1. “I request Councilmembers Aldama and Chavira to obtain information from Barrio Breakthru about expenses covered by their donation of $5,000 of taxpayer money.
  2. 2. I request copies of any and all licenses and proof of insurance on file for this event provided to the city by Barrio Breakthru.”

The city’s response was, “The City has reviewed its records and has provided documents on file that are responsive to this request. There were no responsive documents for item #1.” None of the documents I previously received from the city show any licenses or proof of insurance on file with the city. Yet Ordinance 2975 specifically contains these specific requirements.

There is another way to skin this cat. On September 2, 2014 city council took up the question of council guidelines and specifically the issue of councilmember donations to non-profits. Here is the link: http://glendale-az.granicus.com/MediaPlayer.php?publish_id=2838c6fe-32f9-11e4-bdc2-00219ba2f017&meta_id=7296  .  No consensus was achieved by council to prohibit councilmember donations to non-profits but there were a series of staff recommendations that, by council  consensus, were adopted on that date. They were as follows:

  1. “Requests for an expenditure of council discretionary funds for purposes of a donation of $5,000 or above must be submitted to the City Council for approval.
  2. “Each request for the use of council discretionary funds will require the completion of a new uniform standard request form.
  3. “Council discretionary fund recipients will agree that the City of Glendale and its authorized representatives shall have the right to examine and audit all financial and related records related to the acceptance and expending of the discretionary funding.”

I call upon City Manager Kevin Phelps to perform an audit of Barrio Breakthru and its acceptance of and its spending of the discretionary funding provide by Councilmember Chavira in the amount of $2,500 and Councilmember Aldama in the amount of $2,500. This audit should be publicly released for it involves $5,000 taxpayer dollars. I further call upon City Manager Kevin Phelps to amend Ordinance 2975 making it clear that if these requirements are not met, no permit will obtained. There is also an opportunity to review policies for special events to ensure that all organizations are being treated equally and that city property is protected properly.

City Manager Phelps said, “ Breakthru Productions carries insurance, so city officials will approach the organization’s executives to seek reimbursement for the damaged equipment.” If that is the case, why was I not provided with that information when I made my PIR? None of the documents I received included any proof of insurance despite a specific request for such information.

Why does it seem that Barrio Breakthru is being given a pass by city hall officials? Is it because two councilmembers, Chavira and Aldama donated to Barrio Breakthru?

© 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.

PLEASE CHECK OUT THE LATEST CHAVIRA VIDEOWhat’s Sammy Been Doing, HIGHLIGHTING HIS CONSTITUENT ENGAGEMENT. IT IS TO THE LEFT OF THIS COLUMN.

It has been 18 years and 158 days since the city’s pledge to build the West Branch Library.

This evening, May 24, 2016, city council will vote on the issue of light rail. The meeting begins at 6 PM in Council Chambers at City Hall. Please park in the parking garage at 59th Avenue and Glendale Avenue. Walk east to council chambers. Make your opinion known. As I have stated in previous blogs, light rail may be one of the most divisive issues to ever surface in Glendale. Your voice counts.

On May 15, 2016 I filed a Public Information Request with the Glendale City Clerk’s office asking for the following information:

“Councilmember Sam Chavira and Councilmember Jamie Aldama each made a $2,500 donation on or about April 28, 2016 in support of the 2016 Cinco De Mayo Festival held on April 29, 2016 to May 1, 2016. The event was cosponsored by the City of Glendale and Barrio Breakthru Productions. I request the following public information:

  1. What was the $5,000 donated by Councilmembers Aldama and Chavira used for with regard to this event?
  2. A list of services, equipment, supplies and personnel supplied by the City of Glendale to support, produce, operate and clean up of the event, in-king or otherwise.
  3. The monetary value of all requested items listed in #2.
  4. Any and all reports, summaries, etc., submitted to the City of Glendale by or for Barrio Breakthru Productions that reflects the expenses required to produce the event and any and all revenues earned as a result of the event.”

My request was promptly fulfilled by the city by May 20, 2016. Questions #2 and #3 were thoroughly answered with the following information:

  1. “Off duty Police officers were hired through Pro-Force (a third party provider) not directly through the city. Sanitation roll-off delivery, rental, pickup and charges for tonnage at landfill. Audio and lighting services were provided by a third party not through the city. Transportation review of Traffic Control Plan (TCP) for event from the barricade company. This generated charges for lane use and TCP review fees.”
  2. “Sanitation roll-off charges: Delivery fee of $46.11; Haul fee of $175.00 and Landfill charges of $22.60. Transportation charges: TCP Review fee of $44.76; and Lane use fees of $335.76.”

My answers to questions #1 and #2 were not fulfilled. It seems that Councilmembers Aldama and Chavira’s total donation of $5,000 is in some black hole of non-information. There appears to be no accountability on the part of these councilmembers. Otherwise they could have provided information to fulfill that portion of my Public Information Request. As far as can be determined, neither asked Barrio Breakthru Productions for any information about the use of $5,000 of taxpayer money.  Apparently they just gave Barrio Breakthru Productions your money. Did the money cover costs of producing the festival? If so, what for?

Based on the information the city requested of the event producer its sole interest seems to be in logistics of holding the event. In the material the city provided there is no request for licenses of any kind or proof of insurance. It would seem these would be important for the city to have on file. Yet the city file supplied makes no mention of either item. One would think that these items would be important especially in light of the criminal damage that occurred at city hall during the event.

We still do not know if Barrio Breakthru Productions or the Breakthru Community Church was ultimately considered the event producer and was responsible for producing a certificate of adequate insurance. If it was the church that was the producer of record with the city then there is still the pesky issue of separation of church and state.

This incident demonstrates a lack of competence and clarity by city staff.  There were requirements for insurance in City Ordinance 2975. Why were the Ordinance requirements not followed? If the requirements were followed why was that information not supplied with all of the extraneous information I received about city requirements for the event? What is city policy these days? If elements of Ordinance 2975 are being waived upon whose authority is it being done?

I guess I will file one more Public Information Request asking Councilmembers Aldama and Chavira to obtain information from Barrio Breakthru about expenses covered by their donation of $5,000 of taxpayer money. I will also ask for any and all licenses and proof of insurance on file for this event provided to the city by Barrio Breakthru. Will let you know what response I obtain.

© 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.

PLEASE CHECK OUT THE “WHAT’S SAMMY BEEN DOING” VIDEO HIGHLIGHTING GLENDALE COUNCILMEMBER SAMMY CHAVIRA’S ACTIVITIES IN THE YUCCA DISTRICT. IT IS TO THE LEFT OF THIS COLUMN.

It has been 18 years and 153 days since the city’s pledge to build the West Branch Library.

As I reported in my blog, City hall damage, sometime during the weekend of the Cinco De Mayo festival, one of the “B” meetings rooms was damaged. Estimates of the damage range from $30,000 to $50,000. On Tuesday, May 17, 2016, at the end of the city council workshop, City Manager Kevin Phelps gave his report. Here is the link beginning at 42:09 minutes: http://glendaleaz.granicus.com/MediaPlayer.php?view_id=2&clip_id=2443&meta_id=39243 .

If you cannot access the link here is what City Manager Phelps said, “I apologize. I forgot to just notify you of one thing in my City Manager’s Report. If you’re OK. Recently, maybe you’re aware of, we did have some damage done here at the building and we received a couple of inquiries to our office. Basically, there’s an ongoing investigation. The Police Department is working on it. We believe we’ll have it resolved as to the issues. I think they’ve identified who potentially created the damage. We’ll then look at our options. Currently the damage will be covered under our insurance if we’re not able to get restitution from the people who caused the damage. But we’ll report back to you as soon as we get more detail. But it is an ongoing investigation. We feel like we will get, we’ve reviewed tape and we believe we can resolve the situation.”

The City Manager corroborated several facts: 1. Damage was done to City Hall. Although he did not indicate the dollar value of the damage or when it occurred. 2. The Glendale Police Department has an ongoing investigation.  3. There is a tape of the criminal damage being committed and they have identified who caused the damage. 4. The city will be seeking restitution from those who caused the damage. If the person(s) do not have insurance, city insurance will cover the damage.

This incident raises many questions about city policies for special events. Ordinance 2591, a city law, lists various requirements for sponsors of special events such as the Cinco De Mayo Festival.  As you may recall, this event was co sponsored by Barrio Breakthru Productions, an unregistered entity with the Arizona Corporation Commission. However Breakthru Community Church is a registered entity. Who was responsible and filed the application with the city? Breakthru Productions or Breakthru Community Church? If it was the church did the city violate federal law requiring the separation of church and state?

As you can see from direct quotes from Ordinance 2591 insurance and bonding was required. Were these requirements waived? By whom? And on whose authority?

  • “Sec. 29.2-26. – Code compliance; additional application requirements. To ensure that the public health, welfare and safety are protected, applicants shall comply with all city plumbing and electrical code requirements; provide for public safety personnel and resources (police, fire and emergency medical), sanitation and sewage disposal facilities, and indemnification and insurance. If the event will be held during hours of darkness, the applicant shall comply with lighting standards prescribed in this city code for streets and public property.
  • “Sec. 29.2-27. – Indemnification agreement.                                                                           (a)“At the time of application, the applicant shall enter into an indemnification agreement with the city under which the applicant assumes full responsibility and liability for and indemnifies, defends and holds the city harmless against:                                                                               (1) “All liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the holding of the large special event, including the preparation, set-up, holding and closeout; and
    (2) “All expenses incurred by the city for public safety, sanitation and transportation personnel and resources required to preserve public order and protect public health, safety and welfare, together with any other expenses or costs that may be incurred by the city as a result of the large special event. The applicant shall indemnify the city against all charges, expenses and costs, including the city’s legal department services incurred on account of or by reason of any such injuries, damages, liability, claims, suits or losses and all damages growing out of the same.
  • “Sec. 29.2-28. – Insurance.                                                                 (a) “The applicant shall deliver to the city manager, within fifteen (15) calendar days of the submission of a completed application or within two (2) calendar days of the event, whichever occurs first, proof of insurance in the amounts and types of coverage as determined by city manager regulation. All issuers of insurance shall be authorized to do business within the State of Arizona and carry an A.M. Best Company, Inc., FSR rating of at least B++. Minimum coverage shall include, but not be limited to: commercial general liability; automobile liability; and liquor and aircraft coverage as the type of event may necessitate. The city may also require special coverage that would protect against liabilities in case of the provision of activities involving child care. All such insurance shall be endorsed to provide for a waiver of underwriter’s rights of subrogation in favor of the city. Prior to commencing any work on the event, certificates of insurance approved by the city’s division of risk management demonstrating the maintenance of the required insurance shall be furnished to the city. The certificates shall provide that no material alteration or cancellation, including expiration and non-renewal, shall be effective until fifteen (15) business days after receipt of written notice by the city. If one or more cranes or similar heavy equipment pieces are used for any activity associated with the large special event, the proof of insurance will clearly demonstrate that the general liability coverage includes coverage for such equipment and has no limitation specific to use of the equipment. If fireworks displays or pyrotechnic displays are included in the large special event, the proof of insurance will clearly demonstrate that general liability coverage is provided to include coverage for such display(s) with no limitation specific to the display(s). Such evidence must be provided by the organization(s) responsible for such display(s). The failure by the applicant to provide or the failure of the city to demand an insurance certificate as required in this section shall not relieve the applicant’s obligation to provide the required insurance.                        (b) “All coverages are to be provided on a “per occurrence” form. If coverage is only available on a “claims made” form, the insured shall agree to maintain extended reporting coverage for a minimum of two (2) years past the expiration of the annual policy term.                                        (c) “The coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages.                                       (d) “All coverages shall be primary and non-contributory with respect to all other available sources. Where the city is named as an additional insured, it shall be by endorsement and not solely as a listed party on the certificate of insurance. The city shall be an additional insured to the full limits of coverage purchased by the applicant even if those limits are in excess of the minimums required by this section.                                  (e) “Federal, state and local government agencies may submit a statement of self-insurance or proof of eligibility for sovereign immunity allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein.                             (Ord. No. 2591, § 3, 10-9-07)
  • “Sec. 29.2-29. – Surety bonds and payment for city resources.               (a) “The applicant shall deliver to the city within fifteen (15) calendar days after the submission of a completed application or within two (2) calendar days of the event, whichever occurs first, surety by a cash bond, payment and performance bond, or a continuing letter of credit in an amount equal to the costs of providing public safety, sanitation and transportation personnel and resources at the event. The surety shall be released if no claims are made against it no later than fifteen (15) business days from the last date of the large special event. Such surety shall be conditioned upon the applicant faithfully observing, fulfilling and performing all obligations under the application, contract and provisions of this chapter, and shall be in a form approved by the city’s legal department according to the standards set forth in this section. The purpose of such surety is to insulate the city from financial loss due to the large special event. Cash bonds shall be deposited into a non-interest bearing account designated for such deposits by the city.                                                               (b) “In addition to the requirements above, the applicant shall pay the city by cash, cashier’s check, certified check, wire transfer or money order within fifteen (15) calendar days after the submission of a completed application or within two (2) calendar days prior to the event, whichever occurs first, fifty percent (50%) of the total costs for city resources as listed in paragraph (a) above. The balance due shall be paid to the city in the same manner by no later than thirty (30) calendar days following the conclusion of the event. If the applicant is unable to obtain surety as required above, then the applicant must pay in advance by cash, cashier’s check, wire transfer, certified check or money order within ten (10) calendar days of submission of a completed application, the total costs for city resources as listed in paragraph (a) above.                                     (c) “The city may seek recovery of the costs listed in paragraph (a) above for large special events conducted without a permit.                              (d) “If the event a large special event is cancelled due to a state of emergency declared by the Governor or the Mayor of the city, the city, at the applicant’s request, shall refund to the applicant all deposits paid hereunder to the extent the costs have not already been incurred by the city, and shall release the net remaining surety posted as soon as practicable.
    (e) “Costs for city resources shall be determined by the city pursuant to city manager regulation.                                                                  (Ord. No. 2591, § 3, 10-9-07)” My apology for the terrible formatting of the Ordinance.

This incident of criminal damage to city hall during the time period of a special event demands a full, investigation and a publicly issued report by the City Manager to city council. The elephant in the room is this: did Councilmembers Jamie Aldama and Sammy Chavira, each of whom donated $2,500 of their council budgeted funds (taxpayer money), create an atmosphere of tacit, unspoken influence on staff? Did their contributions to the Cinco De Mayo Festival cause pressure to be placed on staff to waive many legal requirements of Ordinance 2591? The public deserves a full explanation after having $5,000 spent by councilmembers to support this event.

© 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.

CHECK OUT THE VIDEO ABOUT SAMMY CHAVIRA’S TRAVEL EXPENSES PAID FOR BY TAXPAYERS. IT IS TO THE LEFT OF THIS COLUMN.

It has been 18 years and 149 days since the city’s pledge to build the West Branch Library.

The following is from reliable sources and some of the assertions have been Barrio Breakthrucorroborated. Recently the City of Glendale co-sponsored the Cinco De Mayo Festival in downtown Glendale with Barrio Breakthru Productions (the listed principal is Yvonne Nunez). Someone, during the course of the weekend festival, had access to the “B” meeting rooms in City Hall presumably for the purpose of allowing various participants to use the “B” rooms in preparation for their participation in the festival.

If it is city policy to allow participants in city sponsored events the use of its meeting rooms then it is time to revisit this policy? Does the city require supervision? By whom? Is the policy for use of city rooms posted anywhere? What is wrong with using the city hall restrooms rather than its meeting rooms? Does the city require some kind of insurance by event producers to cover this type of situation?

It is alleged that some of the participants who had been allowed entry into city hall committed approximately $30,000 worth of damage to property, computers, accessories, etc., in one of the meeting rooms, clearly city property. The large dollar value of the damage probably meets the classification of “criminal damage.” The “B” meeting room in question at city hall is currently locked and apparently no one is allowed access to that room. This action seems to verify that something untoward happened in that room.

It appears the Glendale Police Department took a complaint and it was discovered that the participants who had caused the damage are on video.

Now for the sixty-four dollar question, er… make that the $30,000 question…will the city (City Manager Kevin Phelps) file criminal damage charges against the perpetrators? It appears someone had access to city hall meeting rooms and allowed participants to use them freely without any seeming oversight of the activities occurring in those rooms. Who had access that weekend? Why was there no supervision? Those who participated in the alleged acts of criminal damage should be held responsible and restitution should be required.

Will the city file a criminal damage complaint? It should, otherwise; once again, the taxpayers of Glendale will pick up the tab to repair the damage. It’s a matter of accountability.

Will the Glendale Police Department use the video to identify the perpetrators and cite them for criminal damage?

Will the City Attorney’s Office prosecute and seek reimbursement for the damage caused? The citizens of Glendale hope so.

Public knowledge about this alleged criminal damage has been buried. No, that’s not quite right. It hasn’t so much been buried as it has not been acknowledged by anyone. Many city hall employees know that the incident occurred and some have seen the damage but no one is talking.

On another note, Barrio Breakthru Ministries had been holding church services on aBarrio Breakthru Ministries city property. It is a clear violation of federal law related to the separation of church and state. I mentioned this situation in a previous blog. Barrio Breakthru Ministries is now holding its Sunday services at Landmark School (one of the schools within the Glendale Elementary District).

© 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.