11.7.2023 Regular Council Meeting Minutes 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 -TUESDAY, NOVEMBER 7, 2023
Minutes
 
   
       
   
1.
ROLL CALL
Present: Mayor Alexis Hermosillo; Vice Mayor David Shapera; Councilmember Roy Delgado;
Councilmember Monica Dorcey; Councilmember Bob Jones; Councilmember Anita Norton;
Councilmember Donna Winston 
2.
CALL TO ORDER - MEETING CALLED TO ORDER AT 6:00 PM
Pledge of Allegiance
Moment of Silence
Introduction of new City employees 
Assistant Police Chief Doug Hildebrandt introduced Police Officer Adrian Rodriguez, Police Officer
Lance Basden, Victim Advocate Lisa Corona and Police Records Technician, Senior, Brittnee
Lopez.
 
3.
PROCLAMATION
 
1.
Proclamation to recognize November 1, 2023 as Extra Mile Day. 
Marketing and Communications Coordinator Kari Sliva provided background information on Extra
Mile Day and introduced Streets Maintenance Technician Tijuan "Ty" Dial and Building Inspector
Phillip Licudine as the newest nominees.
Mayor Hermosillo procalimed November 1, 2023 as Extra Mile Day and encouraged everyone to
take time to go the extra mile and also acknowledge those who do.
  
 
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 (3) 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 Steve Gilliam stated the wash that runs from Dysart Road south to Acoma was promised to
be a park years ago and he would like staff to initiate  purchase of the land in order to clean it up. 
Mr. Gilliam also stated the land by Thompson Ranch Parkway, east of Parks and Sons also needs to
be cleaned up.  Mr. Gilliam then asked what is being done about the revenue that will be lost on

rental taxes when the new law takes effect in 2025.
 
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 Regular Council meeting held Tuesday,
October 17, 2023. (City Clerk)
  
 
2.
Consideration and action to approve a final plat to accept and record lot splits of land and public
utility easements for a 7.0-acre development located at 12000 N El Mirage Road submitted by EYS
West Valley Holdings. (Development Services - Planning and Zoning)
  
 
3.
Consideration and action to approve the purchase of four (4) replacement servers in the amount of
not to exceed $50,000 ($49,710.01 plus contingency of $289.99) from SHI utilizing Omnia Partners
cooperative contract 2018011-02. (Information Technology)
  
 
4.
Consideration and action to approve purchase of a replacement backup system for an amount not to
exceed $45,000 ($44,939.31 plus contingency of $60.69) from SHI utilizing Omnia Partners
cooperative contract 2018011-02. (Information Technology)
  
 
5.
Consideration and action to approve purchase of a Security Information and Event Management
(SIEM) solution for an amount not to exceed $41,000 ($39,152.86 plus a contingency of $1,847.14),
from SHI utilizing Omina Partners cooperative contract 2018011-02. (Information Technology)
  
 
6.
Consideration and action to approve a purchase of replacement computers and monitors for an
amount not to exceed $41,000 ($40,679.39 plus a contingency of $321.61), from Dell Computer
utilizing Arizona State Contract ADSPO16-098163. (Information Technology)
  
 
7.
Consideration and action to approve the purchase of four (4) radios and equipment for four (4)
Police Vehicles from Motorola Solutions for an amount not to exceed $42,163.98 ($41,113.98 plus a
trade-in of $1,050.00) and authorize the Finance Department to make necessary transfers. (Police).
  
 
8.
Consideration and action to approve the purchase of goods and services from Felix Construction for
rehabilitation of the Cottonwood Well Site as part of CIP 62065 in an amount not to exceed
$398,024.91 and authorize finance to make any necessary transfers. (Public Works)
  
 
9.
Consideration and action to authorize the City Manager to enter into a contract with Empire Pump
Corporation in an amount not to exceed $98,688.60 for the replacement of capital equipment at the
City's 127th Lane well site and authorize the finance department to make any necessary transfers.
(Public Works)
  
 
10.
Consideration and action to authorize the City Manager to enter into a contract with Purolite in an
amount not to exceed $99,884.90 for the replacement of water treatment media at the City's Dietz
Crane well site and authorize the finance department to make any necessary transfers. (Public
Works)
  
 
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11.
Consideration and action to purchase goods and services from Reading Truck to install a service
body on water vehicle #4556 as part of CIP 62068 in an amount not to exceed $9,921.58 and
authorize the finance department to make any necessary transfers. (Public Works)
  
 
12.
Consideration and action to approve a contract with Keller Electric to repair and replace, as needed,
two variable speed drives (VFD) at the 127th Lane well site for an amount not to exceed $40,641.01
and authorize finance to make any transfers. (Public Works)
  
 
13.
Consideration and action to approve a contract with M.R. Tanner for FY24 pavement maintenance
work for an amount of $770,586.80 and authorize finance to make any necessary transfers. (Public
Works)
  
 
14.
Consideration and action to approve contract(s) PW23-RFP-GIS01 with selected vendors.  (Public
Works)
  
 
 
Vice Mayor Shapera moved to approve Consent Agenda items 1-14 as presented; seconded by
Councilmember Dorcey. 
 
Vote: 7 - 0 Passed - Unanimously
 
6.
REGULAR AGENDA
 
1.
Public hearing, closure of public hearing, followed by consideration and action to approve
Resolution R23-11-31 authorizing the City to submit a grant application to Maricopa County
Community Development Division (MCCD) for FY2024-25 Community Development Block Grant
(CDBG) funds and execute subsequent award agreements, for an outdoor learning pavilion at the El
Mirage Library and authorize Finance to make necessary budget transfers. (Grants/Development
Services)
Mayor Hermosillo opened the Public Hearing.
Program Coordinator Martina Longoria presented information on the grant application and how the
funds would be used if awarded.
Resident Steve Gilliam stated $500,000 for an outside education opportunity was too much money
and the Fire Department would make better use of the area.  Councilmember Norton asked if there
were renderings available for the Council to see what the area would look like and City Engineer
Jorge Gastelum stated renderings were not yet available.  Councilmember Winston stated tonight's
discussion is only to approve applying for the grant and Mr. Gastelum confirmed.  Mayor
Hermosillo clarified that the grant is free money to the City and Mr. Gastelum also confirmed. 
Councilmember Delgado stated the City would only be submitting the application at this time and
this project best met the Counties criteria for the space to educate children.  Councilmember
Norton stated she is aware grants are free and is concerned there are no renderings available to look
at now.  
Hearing no further comments, Mayor Hermosillo closed the Public Hearing.
Vice Mayor Shapera asked Mr. Gastelum what would be the City's match for grant and Mr.
Gastelum answered $100,000 had been budgeted to meet grant requirements.  Councilmember
Dorcey stated she is in favor of this item and believes it is a worthwhile project.  Mayor
Hermosillo and Councilmember Jones agreed with Councilmember Dorcey.  Councilmember
Norton asked how the Tohono O'odham Nation was involved with this and Mr. Gastelum stated
  
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this project was applied for five years ago to the Tohono O'odham Nation but not awarded to the
City.  Councilmember Norton asked what other projects were considered for this grant and City
Manager Dyches stated sewer and water projects were considered as well.
 
 
Vice Mayor Shapera moved to approve Resolution R23-11-31 authorizing the City to submit a grant
application to Maricopa County Community Development Division (MCCD) for FY2024-2025
Community Development Block Grant (CDBG) funds and execute subsequent award agreements,
for an outdoor learning pavilion at the El Mirage Library and authorize Finance to make necessary
budget transfers; seconded by Councilmember Dorcey. 
 
Vote: 7 - 0 Passed - Unanimously
 
2.
Consideration and action to approve Resolution R23-11-32, including the attached Exhibit "A,"
amending Title IX, Section § 92.29 of the code of the City of El Mirage and declaring an
emergency.  (Police Department)
Lieutenant Timothy Mason of the Police Department provided background information on the
proposed amendments.  Councilmember Norton stated she understands the primary reason for this
item and the only problem is the 9th Circuit Court ruled that municipalities need to provide shelter
first.  Councilmember Norton stated you can not criminalize homelessness and she thinks this is
not an emergency in El MIrage.  Lieutenant Mason stated he understands her concerns and
responded that it is not just one person's actions that has created the need for this, the Police
Department receives numerous calls regarding encampments and they provide resources with every
interaction they have.   City Attorney Justin Pierce clarified the ruling of the 9th Circuit Court and
stated it only requires space available, not necessarily in that jurisdiction.  Mayor
Hermosillo acknowledged the concerns being stated and pointed out that the loitering taking place
in the city is leading to drug activity.   Assistant Chief Hildebrandt stated the Police Department has
no interest in arresting their way out of the situation and they receive numerous calls regarding
encampments.  Councilmember Dorcey stated this is a simple decision and they have an
obligation to residents to prevent this from happening.  Councilmember Delgado stated he has
accompanied officers when entering encampments and acknowledged services are being offered
with each interaction.  Councilmember Jones stated he agrees that the residents have a right to the
support of the Police Department and he supports this item 100%.  Councilmember Winston stated
this is an unfortunate situation and there is no real answer.  She is concerned for the safety of the
residents and the Council should provide the Police Department with appropriate tools to provide for
that safety.  Councilmember Norton stated this will be a continuing problem even with this
resolution.  Councilmember Dorcey stated no one thinks this is a magical solution; it is meant to
deal with the encampments.
  
 
 
Vice Mayor Shapera moved to approve Resolution R23-11-32, including the attached Exhibit "A",
amending Title IX, Section § 92.29 of the code of the City of El MIrage and declaring an
emergency; seconded by Councilmember Dorcey. 
 
Vote: 6 - 1 Passed
 
NAY: Councilmember Anita Norton 
 
3.
Consideration and action to approve Ordinance O23-11-15 amending Title IX, Section § 92.29 of
the code of the City of El Mirage and declaring an emergency.  (Police Department)
Lieutenant Mason stated this would be an additional tool for the Police Department.
  
 
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Vice Mayor Shapera moved to approve Ordinance O23-11-15 amending Title IX, section § 92.29 of
the code of the City of El Mirage and declaring an emergency; seconded by Councilmember
Dorcey. 
 
Vote: 6 - 1 Passed
 
NAY: Councilmember Anita Norton 
 
4.
A Public Hearing, closure of Public Hearing followed by consideration and action to approve/deny
Resolution R23-11-29 to amend the El Mirage Zoning Code Chapter Section §154.104
OFF-STREET PARKING REQUIREMENTS, (C) Vehicle parking and storage in the Rural Area
(RA) Zone, and declaring the Resolution and attached Exhibit "A" as a public record.  (Development
Services - Planning & Zoning)
Mayor Hermosillo opened the Public Hearing.
Senior Planner Jose Macias provided information on the resolution.  
Resident Richard Sias stated it is clear and evident there is no more regulation needed in the
community.  Richard stated they did not want an HOA neighborhood and there is no need for this
resolution.
Resident Vanessa Martinez stated she lives with her parents and the idea of being penalized for not
moving her car for five days is not necessary.  She is a stay-at-home mom and sometimes does not
move her car for more than five days.  Ms. Martinez stated they chose to live in this area for a
reason and this regulation is not needed.
Resident Steve Gilliam stated he does not live in the Ranchettes but he supports the Ranchettes
owners on this item.  Mr. Gilliam stated Code Enforcement can not keep up with the staff they have
and Council should hire more staff instead of making more regulations.
Resident Josh Chace stated he is against this resolution and the Ranchette's have made it very clear
they are against it also.  These changes will take away personal liberties.
Resident Elizabeth Mumpower stated the residents have said no to this numerous times already. 
Ms. Mumpower stated there are codes in place already to deal with issues about renting spaces and
that is how this should be handled.  
Resident Art Mendivil stated he paid a lot of money for his large property so that he could do what
he wanted on it.  Mr. Mendivil asked Council to have Code Enforcement talk to the individuals
creating a problem instead of adding another regulation.
Resident Chris Polk stated it is unfortunate that they have to come down to two different meetings to
discuss this.  Mr. Polk stated the Planning and Zoning Commission voted against this item and the
2020 survey showed the residents were against it also.  
Resident Maria Molina stated she is a single mom who chose the property so that she could live on a
ranch, not have an HOA and not live too close to neighbors.  Ms. Molina asked the Council to
please focus on more important things in the City and not this item.  
Resident Jim Perry stated he is against this resolution and there is no clear definition of side yard
which will create confusion.  Mr. Perry asked that everyone work as a team to resolve the issue.
Resident Jean Bergen stated the Ranchettes residents are hard-working people who have great
diversity.  Ms. Bergen stated she moved here so she could have chickens and large trees on her lot.
  
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Resident Jared Wires stated it is absurd to limit the recreational vehicle number to five.  Mr. Wires
stated if you raise livestock you definitely have more than five recreational vehicles.  Mr. Wires
stated there should be some sort of compromise for this situation.
Resident Sally Fosnight stated there are less than five properties causing this discussion.  
Resident Abel Diaz stated he has lived in the Ranchettes for thirty-four years and they do not need
rules preventing what people have on their property.  
Resident Bridget Rogers stated the survey showed one person is calling in complaints and this does
not make sense.  Ms. Rogers stated the survey was a waste of time and she does not understand why
this is considered necessary.  
Resident Betty Harmless stated she drives six days a week nine months out of the year, but in the
summer her car will sit for weeks at a time.  Ms. Harmless stated this regulation would ruin her
ability to do that.
Resident Doug Hood stated he is impressed and thankful to be able to talk about this item.  Mr. Hood
stated the Council could create a revised amendment that would better serve the residents.
Resident Debra Flowers stated she agrees with all of the comments made and the majority of the
residents in the area are opposed to this.  Ms. Flowers asked where the residents will be allowed to
park if this item passes and expressed concern that street parking will cause issues for emergency
vehicles.
Hearing no further comment, Mayor Hermosillo closed the Public Hearing.
 
 
Vice Mayor Shapera moved to deny Resolution R23-11-29 to amend the El Mirage Zoning Code §
154.104 Off-Street Parking Requirements; seconded by Councilmember Norton. 
 
Vote: 7 - 0 Passed - Unanimously
 
5.
Consideration and action to approve/deny Ordinance O23-11-14 to amend the El Mirage Zoning
Code Chapter Section §154.104 OFF-STREET PARKING REQUIREMENTS, (C) Vehicle parking
and storage in the Rural Area (RA) Zone and declaring a public record by reference in Resolution
R23-11-29, including Exhibit A. (Development Services - Planning and Zoning)
Councilmember Winston stated she agrees with the vote taken and wanted to say if someone is
running a business on their property they should fill out an application for a business license just
like everyone else.  Mayor Hermosillo stated she agrees with Councilmember Winston regarding the
business license.  Mayor Hermosillo stated the Ranchettes have unique characteristics and any
issues taking place should be taken care of.  
  
 
 
Vice Mayor Shapera moved to deny Ordinance O23-11-14 to amend the El Mirage Zoning Code
Chapter Section § 154.104 Off-Street Parking Requirements; seconded by Councilmember Anita
Norton. 
 
Vote: 7 - 0 Passed - Unanimously
 
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7.
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.
City Manager Dyches stated she had given each Councilmember a memorandum regarding local
fiscal recovery ARPA funds that have been spent and this will be an item for discussion at a future
meeting.  Ms. Dyches reminded everyone of the Music In The Park Event/Tree Lighting Event on
November 28, at 6:00 pm, the Winterfest Parade on December 8 at 6:00 pm, and a blood drive on
November 16, from 9:30 am - 1:30 pm.
 
8.
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.
There were no comments.
 
9.
ADJOURNMENT - MEETING ADJOURNED AT 7:55 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 Tuesday, November 7, 2023, and a quorum was present. 
  
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