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REGULAR MEETING OF THE COMMON COUNCIL

OF THE CITY OF EL MIRAGE

EL MIRAGE ELEMENTARY SCHOOL

12308 W. THUNDERBIRD ROAD, EL MIRAGE

THURSDAY, April 22, 2004

 

Minutes

 

CALL TO ORDER:  Mayor Robert Robles called the meeting to order at 6:00 p.m.  Council led the public in the Pledge of Allegiance.  Mayor Robles called for a moment of silence.

 

ROLL CALL:  Present were:  Mayor Robert Robles, Vice Mayor Norma Valdez, Councilmembers Alice Ortiz, Bruce Baker, Michele Kern and Tensi Reed, City Manager BJ Cornwall, Attorney Fredda Bisman, Police Chief Dick Yost, Fire Chief Roy Levenda, Finance Director Diana Betancourt, Community Services Director Ramon Leon and City Clerk Edith Hoover.  Absent:  Councilmember Almond Cutright, Jr.

 

CONSENT AGENDA:

 

Consideration and action proclaiming the week of May 3, 2004, as “Elk’s National Youth Week”.

 

Consideration and action regarding approval of council Meeting minutes of April 8, 2004 (Regular); March 11, 2004 (Regular); March 16, 2004 (Special); March 25, 2004 (Regular).

 

Consideration and action regarding resolution number 04-04-20, designating the election date and purpose of election; designating the deadline for voter registration; and designating the place and last date for candidates to file nomination papers.

 

Councilman Baker made a motion to approve all items listed on the Consent Agenda; seconded by Councilwoman Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:   

                        Absent:           Cutright

                        Motion:           Carried

 

EXECUTIVE SESSION:

 

Councilman Baker made a motion to adjourn into Executive Session at 6:05 P.M.; seconded by Councilwoman Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Cutright

                        Motion:           Carried

 

Consideration and action regarding convening into Executive Session for the purpose of discussion and consultation with the City’s attorneys for legal advice concerning the Open Meeting Law and Conflicts of Interest.   A.R.S. §38-431.03.A(3)

 

Councilwoman Kern made a motion to adjourn the Executive Session and reconvene into Regular Session at 7:55 p.m.; seconded by Councilwoman Ortiz.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Cutright

                        Motion:           Carried

 

Councilmember Baker made a motion to move Item H to the next order of business; seconded by Vice Mayor Valdez.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Cutright

                        Motion:           Carried

 

Consideration and action regarding termination without cause of contract with Police Chief, and authorization to make severance payment in accordance with the contract.

 

Councilmember Baker made a motion to continue Item H indefinitely; seconded by Councilmember Ortiz:

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern

                        Nay:

                        Abstained:     Robles

                        Absent:           Cutright

                        Motion:           Carried

 

MAYOR’S COMMENTS:  No Mayor Comments were received.

 

REGULAR AGENDA:

 

Presentation by Stuart Boggs, Manager of Transit Planning for the Regional Public Transportation Authority (RPTA).  His 15-20 Minute presentation is entitled “Future Transit Investments Impacting the City of El Mirage”.  He will discuss future bus service in El Mirage and surrounding communities.

This presentation has been moved to the May 27th Council Meeting.

 

Councilmember Kern made a motion to withdraw this agenda item; seconded by Tensi Reed.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Cutright

                        Motion:           Carried to withdraw

 

Consideration and action regarding the appointment of a representative and an alternative representative to the Community Development Advisory Committee (CDAC).

 

Mayor Robles nominated Bruce Baker as the representative and Michelle Kern as the alternate representative to the CDAC Committee; seconded by Vice Mayor Valdez.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Cutright

                        Motion:           Carried

 

Consideration and action regarding convening into Public Hearing for the purpose of hearing public comment regarding a new license/individual for an 04 (wholesaler) located at 12313 N.W. Grand Ave., Suite A, El Mirage.

 

Councilwoman Kern made a motion to convene into Public Hearing for the purpose of hearing public comment regarding a new license/individual for a 04 (Wholesaler) Liquor License located at 12313 N.W. Grand Ave., Suite A, El Mirage; seconded by Councilwoman Reed.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:

                        Absent:           Cutright

                        Motion:           Carried

 

Police Chief Dick Yost reported his investigation determined there was no reason to oppose this liquor license.  The State does the licensing we are only not opposing.

 

No Public Comments were received when requested.

 

Consideration and action regarding closing the Public Hearing and reconvening into Regular Session.

 

Councilmember Kern made a motion to close the Public Hearing and reconvene into Regular Session; seconded by Councilwoman Reed.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:               

                        Absent:           Cutright

                        Motion:           Carried

 

Consideration and action regarding a new license/individual for a 04 (wholesaler) located at 12313 N.W. Grand Ave., Suite A, El Mirage.

 

Councilwoman Kern made a motion to approve a New Liquor License/Individual for an 04 (Wholesaler) liquor license located at 12313 N.W. Grand Ave., Suite A, El Mirage; seconded by Vice Mayor Valdez.

 

VOTE:        Yea:                     Baker, Ortiz, Reed, Valdez, Kern and Robles

                   Nay:

                   Absent:                Cutright

                   Motion:                Carried

 

Consideration and action regarding resolution number 04-04-21, approving final plat of a subdivision to be known as replat of tract “A” Rancho El Mirage, parcel “F”, located north of Acoma Drive and southwest of Grand Avenue in the north half of section 11, township 3 north, Range 1, west of the G&SRB&M.

 

Senior Planner Mark Smith reported he would discuss both this agenda item and the next agenda item at the same time since they are relative to each other.   Referred to a map provided to Council.  Consideration is to approve a replat to give the former well site back to the developer.  Parcel C and several others will be combined to give the City a new well site.   Staff recommends approval

 

Councilwoman Kern made a motion to approve Resolution No. R04-04-21, approving final plat of a subdivision to be known as replat of tract “A” Rancho El Mirage, parcel “F”, located north of Acoma Drive and southwest of Grand Avenue; seconded by Councilwoman Ortiz.

 

VOTE:        Yea:                     Baker, Ortiz, Reed, Valdez, Kern and Robles

                   Nay:

                   Absent:                Cutright

                   Motion:                Carried

 

Consideration and action regarding resolution number 04-04-22, approving final plat of a subdivision to be known as replat of lots 554-557 and tracts “H”, “J” and “U” Rancho El Mirage, parcel “C”, located north of Acoma Drive and east of Dysart Road in the west half of section 11, township 3 north, Range 1 west.

 

Reviewed by Senior Planner Mark Smith in the preceding agenda item.

 

Councilwoman Kern made a motion to approve Resolution No. R04-04-22, approving final plat of a subdivision to be known as replat of lots 554-557 and tracts “H”, “J” and “U” Rancho El Mirage, parcel “C”, located north of Acoma Drive and east of Dysart Road; seconded by Vice Mayor Valdez.

 

VOTE:        Yea:                     Baker, Ortiz, Reed, Valdez, Kern and Robles

                   Nay:

                   Absent:                Cutright

                   Motion:                Carried

 

Consideration and action regarding acceptance of the Governor’s Office of Highway Safety Grant in the amount of $67,500 for an aggressive driver vehicle and West Valley DUI Task Force overtime funds.

 

Police Chief Yost reported this is a request to accept free money.   $35,000 for an Aggressive Driver Vehicle and $32,500 for the West Valley DUI Task Force overtime funds.  We also got an Izusu truck free.   Will be unmarked and take aggressive drivers off the road.

 

Councilwoman Kern made a motion to accept the Governor’s Office of Highway Safety Grant in the amount of $67,500 for an aggressive driver vehicle and West Valley DUI Task Force overtime funds; seconded by Councilwoman Reed.

 

VOTE:        Yea:                     Baker, Ortiz, Reed, Valdez, Kern and Robles

                   Nay:

                   Absent:                Cutright

                   Motion:                Carried

 

Consideration and action regarding termination without cause of contract with Police Chief, and authorization to make severance payment in accordance with the contract.

 

Councilmember Baker made a motion to continue this agenda item indefinitely; seconded by Councilwoman Ortiz.

 

VOTE:        Yea:                     Baker, Ortiz, Reed, Valdez, and Kern

                   Nay:                    

                   Abstain:               Robles

                   Motion:                Carried

 

COUNCIL SUMMARY OF CURRENT EVENTS:  No comments were received.

 

CITY MANAGER SUMMARY OF CURRENT EVENTS:

 

BJ Cornwall reported the 15th Annual Fiesta De La Gente starts tomorrow and everyone is welcome.

 

CALL TO THE PUBLIC:

 

Fred Waterman, 11201 N. El Mirage Road, #53:  Thanked the Mayor for the time.  Asked how items get on the agenda.  Wanted to know how Mayor Robles determines what is to be on the agenda.  Wanted to know who put Police Chief Yost’s termination on the agenda and feels the citizens have that right.  On March 9th citizens spoke at the primary for the seats on the Council.  They no longer have confidence in the Council.  He assumes the reason Vice Mayor Valdez came to this meeting because of Agenda Item H.  Reviewed Councilwoman Ortiz’s current domestic violence call.  Councilman Baker has had issues with Michael Barvitz and stated Chief Yost heard the argument and Chief Yost said he did not.  Randy Thomas reported Chief Yost had accountability, dedication, determination, honesty, integrity, intellect and professionalism beyond his reproach.  Mayor Robles agreed.  He then requested Agenda Item H be continued until the new Council takes their seats.

 

Mary Izaguirre, 13505 S. El Frio Street:   Has lived here 30+ years.  Spoke on behalf of Chief Yost.  El Mirage has gone through a lot of police chiefs.  He does not play favoritism.  He helps her with citizens.  Has given help with children and drugs and other counseling.  We have a Police Department we can be proud of.  We are not Hazard County.  We don’t have a boss hog here.  We are growing with the times.  She voted for a lot of the people on Council and is very sorry she did.  She expected better things.  As an employee of the school district, she invited everyone to a picnic on May 22nd for the purpose of celebrating the old school and welcoming the new school.

 

Charles Foy, 606 S. Plumer, Tucson, AZ  85719:  Mr. Foy reported he is President of the Arizona Conference of Police and Sheriff’s based in Tucson.  Came to speak on the behalf of the El Mirage Police Office Employees Assoc. formed in 1998.  In 2000 this association was recognized by the City Council and Chief Yost stood up for the organization.  The El Mirage Police Department has received recognition across Arizona and that is because of Dick Yost.  This is only the second time he has stood in support of a Police Chief at a time of possible termination.  Take the politics out of the Police Department.

 

Kathy White, 12629 W. Myer Lane:  She hopes when she is sworn in as Council-member that she will do a better job than Council has done tonight.  He served as City Manager and Council praised him for his efforts.  He helped her with an intruder in her house.  There is no better man for the job.

 

Steve Gilliam, 12505 W. Redfield:  Had to leave earlier.

 

Joe Ramirez, 12902 W. Peoria Ave.:  He has been a citizen for 56 years.  He knows Chief Yost and he knows his work ethics and what kind of person he is.  Item H should never have been a part of this meeting.  In the past two years some of the best staff ever assembled have gone.  He is proud to say he is part of one of the best turnouts in the City of El Mirage and it is time they take the City back.  There are a lot of good people out there.  The dialogues with the citizens and surrounding communities are gone.  We are the laughing stock and it doesn’t have to be that way.

 

Barb Garden, 12510 W. Rosewood Drive:  Thanked Chief Yost for upholding the federal, state and city law rather than the Robert Robles law. 

 

Dan Reilly, 12905 W. Windrose Dr.:  Has been in El Mirage two years.  It is a crime to try to get rid of Chief Yost.  He is a good man and that is an insult.

 

Roy Delgado, 11204 N. 125th Ave.:  This man and his family have been put sheer hell.  This is the second time all these people have been present for this purpose.  You have a good honest man here.  Let this man do his job.  Don’t threaten any more City employees, please. 

 

Hon. Joe Heilman, Superior Court, 201 W. Jefferson, Phx, AZ  85003:  Judge Heilman had to leave earlier.

 

Rebecca Thomas, 12045 W. Flores Dr.:  She is a VIP.  The Chief started the organization.  She has been doing it for 2 ½ years.  She has cleaned the streets, numbered the streets, done parades, done fiestas, dressed up in costume for Halloween, done Toys for Tots and many other things.  Chief Yost’s reputation is impeccable, honest.  She had three words for Mayor Robles, “Class 5 Felony.”

 

PUBLIC ANNOUNCEMENTS:  No Public Announcements were presented.

 

ADJOURNMENT:

Councilwoman Kern made a motion to adjourn at 7:40 p.m.; seconded by Vice Mayor Valdez.

 

VOTE:            Yea:                Baker, Ortiz, Reed, Valdez, Kern and Robles

                        Nay:               

                        Absent:           Cutright

                        Motion:           Carried