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.
corroborated. 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.
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). 




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: CC&Rs, City of Glendale, Historic Thunderbird Estates, reader comment | 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.
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