2 18 2021 Minutes REG DRAFT

D R A F T
REGULAR MEETING OF THE COMMON COUNCIL
OF THE CITY OF EL MIRAGE
EL MIRAGE CITY COUNCIL CHAMBERS
10000 N. EL MIRAGE ROAD
6:00 PM -THURSDAY, FEBRUARY 18, 2021
Minutes
 
 
         
   
1.
ROLL CALL
Present: Mayor Alexis Hermosillo; Vice Mayor Roy Delgado; Councilmember Monica Dorcey;
Councilmember Anita Norton; Councilmember Kallimayor Richards; Councilmember David
Shapera; Councilmember Donna Winston (via phone) 
2.
CALL TO ORDER - The meeting was held online and publicly with limited access; called to
order at 6:00 pm.
Pledge of Allegiance
Moment of Silence
 
3.
PRESENTATION
 
1.
Presentation by Christina Estes-Werther (Pierce Coleman, PLLC) to provide updates on Proposition
207, "Smart and Safe Arizona Act," for review and discussion.  (City Attorney)
City Attorney Justin Pierce introduced Ms.Christina Estes-Werther who recently joined Pierce
Coleman PLLC, after most recently working as Counsel for the Arizona League of Cities and
Towns .  Ms. Estes-Werther presented an overview of Proposition 207 (Smart and Safe Arizona
Act) which passed in November, 2020.  She provided a timeline of Marijuana activities/approvals
in Arizona to include Proposition 203 (Medical Marijuana Act) that was passed in November, 2010,
Arizona Department of Health Services (DHS) adopted rules on January 15, 2021, DHS license
acceptance for marijuana establishments on January 19, 2021, DHS approvral of approximately 70
applications by dispensaries to operate as marijuana establishments on January 22, 2021, deadline
for DHS to accept marijuana establishment licensing applications is March 9, 2021, a marijuana
establishment may submit an application to DHS to request a change to the retail, manufacturing,
or cultivation site or add a manufacturing or cultivation site prior to April 1, 2021, and a date for
DHS to promulgate rules and the open application period for social equity licenses has yet to be
determined.
Ms. Estes-Werther explained the definitions between medical and recreational marijuana and the
differences between dispensary types (non-profit medical marijuana, marijuana establishment, and
a marijuana testing facility).  She noted that marijuana remains a Schedule 1 drug of the Controlled
Substance Act under Federal Government laws though relaxed enforcement standards are
anticipated as more states approve marijuana use. She explained the licensing requirements of
dispensaries and establishment/testing facilities by stating The American Medical Marijuana
Association (AMMA) requires DHS to license marijuana dispensaries, and includes provisions for
inventory control, laboratory testing, recordkeeping, security, etc.  Dispensaries must also comply
with cities' zoning restrictions and DHS may not issue more than one registration certificate for

every ten pharmacies  She further explained Proposition 207 requires DHS to adopt rules to
implement and enforce the Act and regulate marijuana activities including products, establishments
and testing facilities pursuant to A.R.S. §36-2854(A).  
Ms. Estes-Werther reviewed medical and recreational dispensary license allocation processes,
explained DHS regulations for licensing establishments for new applicants and requirement
exceptions for dual license applications, and discussed the zoning of Medical Dispensaries
pursuant to A.R.S. §36-2804 which includes an AMMA requirement that dispensaries must not be
within 500 feet of a public or private school existing before the date of the licensing application. 
She explained cities may enact reasonable zoning regulations that limit the use of land for
establishments or testing facilities, or both, but a city may not enact any ordinance, regulation or
rule that is more restrictive than a comparable ordinance, regulation or rule that applies to
dispensaries.
Ms. Estes-Werther identified the City of El Mirage's medical marijuana permitted uses by zone
and the conditional use by zone, and included reference to the City's Resolution R20-10-21 and
Ordinance O20-10-08 adopted October 20, 2020 prior to the November General Election where
recreational use of marijuana was a ballot item. The adopted City Resolution and Ordinance were
intentionally prohibitive to allow for future exceptions or relaxation of prohibitions depending on
the result of the ballot measure. With the passage of Prop 207, she explained five options the City
has for marijuana establishments and testing facilities, 1) take no action which preserves current
prohibitions on recreational marijuana establishments, (except for dual licensee) and preserves the
ban on testing facilities, 2) gather more information and wait for additional rules from DHS on
social equity licenses, 3) repeal the existing prohibition and allow all types of marijuana
establishments authorized under State law, 4) repeal restriction on marijuana testing facilities, or 5)
repeal the prohibition on both marijuana establishments and testing facilities. She closed the
presentation by outlining the next steps should the City decide to allow all types of marijuana
establishments to operate in the City.
Councilmember Shapera asked if hazardous chemicals involved in manufacturing were currently
regulated by the State and County.  Ms. Estes-Werther responded the Act itself is very general, it
refers to abiding by safe and healthy requirements and the provision for Federal, State, and local
municipalities allows cities to look at their own building codes pertaining to manufacturing. 
Councilmember Shapera recommended option three from the five options provided (repeal the
existing prohibition and allow all types of marijuana establishments authorized under State law)
and felt a testing laboratory was not cause for concern.  Vice Mayor Dorcey asked if a retail
establishment and a medical dispensary can be on the same site and Ms. Estes-Werther confirmed
yes stating it falls under a dual licensing.  Councilmember Norton asked for an explanation
regarding delivery law restrictions of marijuana.  Ms. Estes-Werther responded the Act currently
prohibits delivery, which is defined as delivering from the establishment to the consumer.  By
January, 2025 DHS is required to adopt rules to permit and regulate delivery by marijuana
establishments.  Councilmember Hutchinson clarified with Ms.Estes-Werther that delivery
restrictions are under State law and if the City opted to repeal the marijuana delivery instructions
from its code, State law overrides the City's code.  Councilmember Delgado asked it there was a
timeframe for purchasing the regulated recreational one ounce of marijuana.  Ms. Estes-Werther
stated, unlike the medical provision that required a fourteen-day period between purchases not to
exceed 2.5 ounces, there is no timeframe for recreational use. Councilmember Hutchinson
clarified with Ms. Estes-Werther recreational dispensaries are not responsible for tracking the
number of times a consumer purchases their allowable one ounce and testing facilities follow State
requirements before being allowed to sell to the consumer.  Councilmember Winston agreed with
Councilmember Hutchinson and stated the City should be proactive and not restrictive. Vice
Mayor Dorcey recommended reviewing the current Ordinance for language revisions. Mayor and
Council concluded that a work session was not necessary in light of the information Council has
recieved and this very thorough presentation and asked Staff to draft an ordinance for review and
action as a future Council meeting.
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4.
CALL TO THE PUBLIC
Citizens desiring to speak on any issue within the jurisdiction of the public body may do so at this
time. Comments shall be limited to three minutes per person and shall be addressed to the City
Council as a whole. At the conclusion of the Call to the Public, individual City Council Members
may (1) respond to criticism made by those who have spoken, (2) direct staff to review or follow
up on the matter, and/or (3) direct that the matter be put on a future agenda.
Resident Mr. Steve Gilliam expressed gratitude to Mayor, Council, and City staff for their efforts
regarding the correct placement of trash containers on sidewalks.  He further referred to a pending
complaint he had filed with the Attorney General's office.  He expressed his concerns regarding
City residents not being held accountable for violating City Code (basketball goals placed on
sidewalks, unauthorized vehicle parking).  
 
5.
CONSENT AGENDA
All items listed under the Consent Agenda will be voted on with one motion. If discussion is
desired regarding any Consent Agenda Item, that item will be removed from the Consent Agenda
and voted on separately.
 
1.
Consideration and action to approve the minutes of the Council Work Session and the Regular
Council meeting held Tuesday, February 2, 20121. (City Clerk)
  
 
2.
Consideration and action to authorize the purchase of five refrigeration/freezer monitors/probes for
use in the PD Property & Evidence from Sensoscientific at a one-time total cost of $1,380 for the
equipment and a not-to-exceed annual cost of $250 for Support & Maintenance, including alert
notifications, for a period of 5 years.  (Police Department)  
  
 
3.
Consideration and action to authorize the City Manager to enter into a construction contract with
AJP Electric, Inc. to install a new traffic signal at the intersection of Dysart Road and Acoma
Drive in an amount of $582,529 including a 10% contingency.  (Community Development)
  
 
4.
Consideration and action to approve The Legacy Final Plat submitted by SKG Enterprise, Inc. for a
Single Family Use development located at 11201 North El Mirage Road, El Mirage, Arizona
85335. (Community Development)
  
 
5.
Consideration and action to authorize the City Manager to enter into a Professional
Services Contract with CivicLens to provide Geographical Information System (GIS) support in the
amount not to exceed $5,000 annually.(Community Development)
  
 
6.
Consideration and action to request Arizona Lottery Funds (ALF) from Valley Metro in an
estimated amount of $92,467 for local and regional dial-a-ride services with Northwest Valley
Connect, Valley Metro and/or another provider for FY2021 and authorize the Finance Director to
transfer funds and make necessary changes. (Grants)
  
 
 
Vice Mayor Dorcey moved to approve items 1-6 on the Consent Agenda as presented; seconded by
Councilmember Shapera. 
 
Vote: 7 - 0 Passed - Unanimously
 
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6.
REGULAR AGENDA
 
1.
Consideration and action to recommend a rate from the recent study for sanitation services,
including or excluding recycling, to be posted along with other fee changes in compliance with
Arizona Revised Statutes.  (Public Works)
Public Works Director Nick Russo presented to Council an overview of the recent rate study for
sanitation services, including or excluding recycling, as discussed at the February 2, 2021 Council
Work Session.  Mr. Russo identified two Council requests for additional information, 1) what is the
average tonnage of items collected/recycled, and 2) do these items actually get recycled and what
happens to the items once they go from Parks & Sons to the recycler.  He explained data collection
compiled with Parks & Sons on December 7, 2020, determined a monthly City average of 255 tons
of items collected from the blue recycling containers.  On December 10, 2021, Parks & Sons and
Friedman Recycling confirmed that 42%-47% of items are actually recyclable after processing. 
This equates to 107-120 tons of items produced by El Mirage residents each month being diverted
from the landfill.  Mr. Russo explained the recycling vendor bales and sends out processed items
directly to the appropriate mills; all the material is shipped out on a continuous basis.  He refreshed
Council on the three sanitation rate options provided at the February 2, 2021 Council Work
Session: 1) discontinue recycling and keep the current rate of $13.23 per month (fund goes
negative in FY2025); 2) discontinue recycling and increase the rate to $15.21 per month (fund goes
negative in FY 2031); or 3) keep recycling and increase the rate to $18.52 per month (fund goes
negative in FY 2030).  Mr. Russo concluded his presentation by stating that if Council agreed on a
rate increase, a Notice of Fee Change would be presented to Council at the March 16, 2021
Council meeting, followed by a 60-day period for public input, and a proposed final adoption of a
new fee would be presented to Council at the May 18, 2021 Council meeting.  Any newly adopted
fees would take effect on July 1, 2021.
Councilmember Shapera asked if vendors receive revenue for recycled items they send to the
mills.  Mr. Russo responded he had not addressed this question to the vendor and could only
assume they recieved some revenue.  Finance Director Robert Nilles explained the rates provided
by Parks & Sons reflected fees for continuance of recycling and discontinuance of recyling, so any
revenue would have been factored into the charges.  Councilmembers Hutchinson and Shapera
agreed rate option number two seemed to be the most cost effective approach moving forward. 
Vice Mayor Dorcey, Mayor Hermosillo, and Councilmember Delgado believed the recycling
program needed to remain in place with an emphasis on educating the Community to reduce the
contamination rate through an education campaign.  Councilmember Norton believed the volume
of items currently being recycled was significant and efforts should be made to continue to educate
the Community.  Councilmember Winston believed recycling is important for both landfills and
the enviornment for future generations and she stated that removal of the recycling program, and
then possibly reinstating it later, could make the education piece difficult.  Councilmember
Shapera expressed his support for recycling but had concerns with the effectiveness of education.
Vice Mayor Dorcey moved to approve the recommended rate of $18.25, (including recycling) to be
posted along with other fee changes in compliance with Arizona Revised Statutes; seconded by
Councilmember Norton.
AYES - Mayor Hermosillo, Vice Mayor Dorcey, Councilmembers Delgado, Norton, and Winston
NAYS - Councilmembers Hutchinson and Shapera
Vote:  5 - 2 Passed
  
 
7.
EXECUTIVE SESSION
 
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1.
Consideration and action to adjourn into Executive Session pursuant to A.R.S. § 38-431.03.A.1.
and A.3. for discussion and consultation for legal advice with the City Attorney on Council
communications with other government agencies.  (Mayor)
  
 
 
Vice Mayor Dorcey moved to adjourn into Executive Session pursuant to A.R.S. § 38-43.03.A.1
and A.3 for consultation and legal advice with the City Attorney on Council communication with
other government agencies; seconded by Councilmember Shapera. 
 
Vote: 7 - 0 Passed - Unanimously
 
8.
CITY MANAGER'S COMMENTS & SUMMARY OF CURRENT EVENTS 
The City Council may not act upon any matter in the City Manager's summary but may have
general comment or questions.  NOTE: This item was presented prior to the Execution Session
adjournment.
City Manager Dyches stated effective Monday, March 1, 2021 the City of El Mirage will be
resuming in-person services.
 
9.
MAYOR'S COMMENTS and COUNCIL SUMMARY OF CURRENT EVENTS 
The Mayor and City Council may not discuss or act upon any matter in the summary unless the
specific matter is properly noticed for legal action.  NOTE: This item was presented prior to the
Execution Session adjournment.
Councilmember Delgado commented the City was not eligible to apply for CDBG funding for
Fiscal Year 2021 because of the two-thirds funding rule.  There was expected to be approximately
$2 million in awards this year and applications were submited for scoring.
Councilmember Shapera expressed his pleasure at seeing the roads in his surrounding area being
prepped for maintenance.  He stated it reflects the City's concept to fix roads annually on a rotating
system is working.
Councilmember Winston expressed her appreciation to Police Officers Patterson and Williams on
behalf of her neighbors and herself for a job well done.
Mayor Hermosillo congratulated City Clerk Sharon Antes and Councilmember David Shapera on
their recent birthdays.
 
10.
ADJOURNMENT - The meeting was adjourned at 8:11 pm.
 
_____________________________
Alexis A. Hermosillo, Mayor
ATTEST:
______________________________
Sharon Antes, City Clerk
I hereby certify the aforementioned minutes are a true and accurate record of the Regular El Mirage City Council
Meeting held on Thursday, February 18, 2021 and a quorum was present. 
  
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