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City Clerk's Onice 

12145 N. W. Grand Ave, Suite 1, El Mirage, AZ 

April 24,2008 

Arizona Department of Environmental Quality 

ADEQ Air Quality Division 

ATTN: Diane Arnst, Planning Section Manager 

1 1 10 W. Washington St 

Phoenix, AZ 85007 

RE: Clean Air Plan 

Ms. Arnst; 

As per the request from Nancy C. Wrona, please find enclosed a copy of the approved 

minutes from the Regular Council meeting held Wednesday, March 13,2008 and a copy 

of the adopted Ordinance Number 008-03-03, Air Pollution and Dust Control 

Regulations. 

In the event that have any questions or required additional information, please do not 

hesitate to contact me at (623) 876-2925. 

Sincerely, 

Richard Saathoff, MMC 

City Clerk 

City of El Mirage 

City of El Mirage, PO. Box 26, El Mirage, Arizona 85335 

(623) 876-2925, TDD (623) 933-3258 

www. cityofelmirage. org 
REGULAR MEETING OF THE COMMON COUNCIL 

OF THE CITY OF EL MIRAGE 

EL MIRAGE MUNICIPAL COURT 

1401 0 N. EL MIRAGE ROAD 

6:00 P.M., THURSDAY, MARCH 13,2008 

Minutes 

1. CALL TO ORDER - The meeting was called to order by Mayor Fred 

Waterman at 6:00 p.m. Col.~ncil led the public in the Pledge of Allegiance and 

a Moment of Silence. 

II. ROLL CALL - Present were: Mayor Fred Waterman, Councilor Xavier 

Bedolla, Councilor Bill Conner, Councilor Roy Delgado, Councilor Adam 

Super. Excused: Vice Mayor Michele Kern, Councilor Roger Cleveland. 

Ill. CONSENT AGENDA 

A. Consideration and action approving the Minutes of the Regular 

Council Meeting held Thursday, February 28,2008. 

B. Consideration and action regarding the destruction of records that 

have surpassed the retention period as determined by the Arizona 

State Department of Records Management. 

C. Consideration and action to submit a grant application to GADA for 

design concept report that delineates options for water re-use 

system for the City of El Mirage south of Peoria Avenue. 

D. Consideration and action to give signature authority to the City 

Manager to award the contract for the Wastewater Treatment Facility 

Influent Screening (PW07-WW02) to J.R. Filanc Construction 

Company in the amount of $100,822.00 and approve a 10 Oh 

contingency in the amount of $10,082.20. The total amount 

requested is $1 10,904.20. 

E. Consideration and action to give the City Manager signature 

authority to enter into a cooperative agreement contract through the 

City of Tucson, Contract #043107, for the application of liquid asphalt 

by Western Emulsions in the amount of $229,773.05. 

F. Consideration and action to give the City Manager signature 

authority to enter into a cooperative agreement contract through the 

Dysart School District and SAVE cooperative purchasing program, 

Contract #0506-018, for crack sealing of City streets by Sunland 

Asphalt in the amount of $60,142.36. 

Councilor Super made a motion to approve Consent Agenda items A 

through F; seconded by Councilor Bedolla. 
Regular Minutes 311 3/08 

Page 2 of 4 

VOTE: Yea: Bedolla, Conner, Delgado, Super, Waterrnan 

Nay: none 

Absent: Cleveland, Kern 

Motion: Carried 

IV. REGULAR AGENDA 

I) Public Hearing: 

a) Plat of Heritage Sunwest Cemetery - 12525 NW Grand Avenue. 

b) Site Plan for Thunderbird Crossings at the SE corner of 

Thunderbird and 1 27th Avenue. 

Mayor Waterman opened the public hearing. 

No public comments were received 

Mayor Waterman closed tlie public hearing. 

2) Consideration and action on approval of Resol~~tion R08-03-06, 

approving the plat for Heritage Sunwest Cemetery at 12545 NW Grand 

Ave. 

Councilor Super made a motion to approve Resolution R08-03-06, approving 

the plat for Heritage Sunwest Cemetery; seconded by Councilor Delgado. 

VOTE: Yea: Bedolla, Conner, Delgado, Super, Waterrnan 

Nay: none 

Absent: Cleveland, Kern 

Motion: Carried 

3) Consideration and action on approval of site plan for Thunderbird 

Crossings Retail Center at the SE corner of Thunderbird and 127'~ 

Avenue. 

Councilor Super made a motion to approve the site plan for Thunderbird 

Crossings Retail Center at the SE corner of Thunderbird and 127'~ Avenue; 

seconded by Councilor Conner. 

VOTE: Yea: Bedolla, Conner, Delgado, Super, Waterman 

Nay: none 

Absent: Cleveland, Kern 

Motion: Carried 

4) Consideration and action approving the adoption of Ordinance 008-03- 

02 authorizing the exchange of real property with the Rancho Mirage 

Homeowner's Association. 
Regular Minutes 311 3/08 

Page 3 of 4 

Councilor Delgado made a motion to approve Ordinance 008-03-02, 

authorizing the exchange of real property with the Rancho Mirage 

Homeowner's Association; seconded by Councilor Conner. 

VOTE: Yea: Bedolla, Conner, Delgado, Super, Waterman 

Nay: none 

Absent: Cleveland, Kern 

Motion: Carried 

5) Consideration and action to approve amending the Code of the City of 

El Mirage by adding a new Chapter 23, titled "Air Pollution Control 

Regulations - Dust Control" and deleting Section 13-4.1, titled 

"Excessive Dust," of Chapter 13, to address mandated measures and 

comply with the Maricopa Association of Governments (MAG) Five Year 

PM-10 Reduction Plan by the deadline of March 31, 2008. 

Councilor Super made a motion to approve amending the City Code of the 

City of El Mirage by Ordinance 008-03-03, regarding Air Pollution Control; 

seconded by Councilor Bedolla. 

VOTE: Yea: Bedolla, Delgado, Super, Waterman 

Nay: Conner 

Absent: Cleveland, Kern 

Motion: Carried 

V. MAYOR'S COMMENTS and COUNCIL SUMMARY OF CURRENT EVENTS 

Co~~ncilor Delgado stated that he attended a meeting with Dysart Education 

Foundation last week and two mini-grants were awarded to two schools in El 

Mirage. 

Councilor Delgado also exclaimed that he attended the monthly meeting with 

the library committee along with the Co~~nty and the El Mirage library usage 

percentage skyrocketed over 36% at 'this time last year. A team will also be 

coming into the City in a week or so to help make things run smoother and/or 

address any problems at the El Mirage library. 

Councilor Conner said that he just returned home from his trip at the National 

League of Cities Congressional conference in Washington D.C. He stated 

that the City of El Mirage is getting noticed by our Congressional delegates as 

well as other cities in the valley. 

VI. CITY MANAGER SUMMARY OF CURRENT EVENTS 

City Manager BJ Cornwall said that there is currently a lot of activity within the 

City of El Mirage. The El Mirage Road project has commenced. The dirt- 
Regular Minutes 311 3/08 

Page 4 of 4 

work has started for the Shell gas-station at the corner of Cactus and El 

Mirage Rd. Primrose St. road-work will start on March 1 7th. 

This Saturday, March l!jth, there will be a bulk-trash and hazardous waste 

drop-off at the corner of El Mirage and Thunderbird Roads. 

City Manager BJ Cornwall commented that the National League of Cities 

Co~gressional Conference in Washington D.C. was a success due to a team 

effort on part of Councilor Conner, Councilor Cleveland, and 

Intergovernmental Relations Director Pat Dennis. 

City Manager BJ Cornwall welcomed Scott Chesney, ,the City's new 

Economic Development Director. 

VII. CALL TO THE PUBLIC 

There were no corrrments .from the public. 

VIII. ADJOURNMENT 

Mayor Fred Waterman adjourned the meeting at 6:14 p.m 

Fred waterman, Mayor 

ATTEST: 

I hereby certify the foregoing minutes are a true and accurate record of the 

City of El Mirage Regular Council Meeting held March 13, 2008 and a quorum 

was present. 

I, Richard Saathoff, Clerk of the City of El 

Mirage do hereby the above minutes as a 

true and accurate copy of the minutes of the 

Regular Meeting of the Cormon Council 

held Wednesday, March 1 3,2008. 

City Clerk 

City of El Mirage 
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE ClTY OF EL MIRAGE, 

ARIZONA, AMENDING THE CODE OF THE ClTY OF EL MIRAGE, BY ADDING A 

NEW CHAPTER 23 RELATING TO AIR POLLUTION AND DUST CONTROL 

REGULATIONS; AND AMENDING CHAPTER 13 BY DELETEING SECTION 13-4-1 

RELATING TO EXCESS DUST. 

BE IT ORDAINED by the Mayor and Council of the City of El Mirage as follows: 

Section 1. That the Code of the City of El Mirage be, and is hereby, amended by 

adding a new Chapter 23 titled "Air Pollution Control Regulations; Dust Control," which 

shall read as follows: 

CHAPTER 23 - AIR POLLUTION CONTROL REGULATIONS; 

DUST CONTROL 

Article 23-1 ADMINISTRATION 

23-1 -1 Purpose 

23-1 -2 Defir~itio~is 

23-1-3 Unpaved roads, shoulders and alleys 

23-1 -4 Parking areas 

23-1 -5 Open Areas and Vacant lots 

23-1 -6 Leaf blowers 

23-1-7 Off-Hig hway Vehicles 

Sec. 23-1 -1 Purpose 

The purpose of this code is to comply with the Arizona House Bill 1552 which stipulates 

that each jurisdiction provide in the city code measures to control dust pollution which 

may be enforceable by the jurisdiction. The intent is to limit particulate matter emissions 

into the ambient air from any property, operation or activity that may serve as a fugitive 

dust source. 

23-1 -2 Definitions 

Disturbed Surface Area- A portion of the earth's surface (or material placed 

thereupon) which has been physically moved, uncovered, destabilized, or otherwise 

modified from its I-~ndisturbed native condition. 

Dust Control implement- A tool, machine, equipment, accessory, structure, enclosure, 

cover, material or supply, including an adequate readily available supply of water and its 

associated distributionldelivery system, used to control fugitive dust emissions. 
Dust Control Plan- A written plan describing all control measures. 

Dust Generating Operation- Any activity capable of generating fugitive dust, including 

but not limited to, land clearing, earthmoving, weed abatement by discing or blading, 

excavating, construction, demolition, material handling, storage and/or transporting 

operations, vehicle use and movement, the operation of any outdoor equipment, or 

unpaved parking lots. For the purpose of this code, basic (not including trenching, 

grading or any other mechanized activity) landscaping maintenance and/or playing on a 

ball field shall not be considered a dust generating operation. 

Dust Suppressant- Water, hygroscopic material, solution of water and chemical 

surfactant, foam. Non-toxic chemical stabilizer or any other dust palliative, which is not 

prohibited for ground surface application by the U.S. Environmental Protection Agency 

(EPA) or the Arizona Department of Environmental Quality (ADEQ) or any applicable 

law, rule, or regulation as a treatment material for reducing fugitive dust emissions. 

Fugitive Dust- The particulate matter, which is not collected by a capture system, 

which is entrained in the ambient air, and which is caused from human and/or natural 

activities, such as but not limited to, movement of soil, vehicles, equipment, blasting and 

wind. 

Intermittent Source- A fugitive dust generating operation and/or activity that lasts for a 

duration of less than six consecutive minutes. 

Motor Vehicle- A self-propelled vehicle for use on the public roads and highways of the 

City of El Mirage and required to be registered under the Arizona State Uniform Motor 

Vehicle Act, including any non-motorized attachments, such as but not limited to, trailers 

or other conveyances which are connected to or propelled by the actual motorized 

portion of the vehicle. 

Off-Road Vehicle- Any self propelled conveyance specifically designed for off-road 

use, including but not limited to, off-road or all-terrain equipment, trucks, cars, 

motorcycles, motorbikes or motor buggies. 

Open Areas and Vacant Lots- Any of the following: 

A. An unsubdivided or undeveloped tract of land adjoining a developed or a 

partially developed residential, industrial, institutional, governmental or a 

commercial area. 

B. A subdivided residential, industrial, institutional, governmental or commercial 

lot, which contains no approved or permitted buildings or structures of a 

temporary or permanent nature. 

C. A partially developed residential, industrial, institutional, governmental or 

commercial lot. 

D. A tract of land, in the non-attainment area, adjoining agricultural property. 
E. Vacant portions of residential or commercial lots that are immediately 

adjacent and owned andlor operated by the same individual or entity are 

considered one vacant open area or vacant lot. 

F. Does not include any site that has been issued a county dust control permit. 

Owner andlor Operator- Any person who owns, leases, operates, controls or 

supervises a dust generating operation subject to the requirements of this code. 

Pave- To apply and maintain asphalt, concrete, or other similar'material to a roadway 

surface (i.e. asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt). 

Public Roadways- Any roadways that are open to public travel. 

Silt- Any aggregate material with a particle size of less than 75 micrometers in diameter 

which passes through a No. 200 sieve. 

Unpaved Haul1 Access Road- Any on-site unpaved road used by commercial, 

industrial, institutional, or governmental travel. 

Unpaved Parking Lot- Any area (other than residential with four or fewer units) larger 

than 5,000 square feet .that is not paved and that is used for parking, maneuvering or 

the storing of motor vehicles and residential areas of 3,000 square feet or more with 

four or fewer units. 

Unpaved Road- Any road or equipment path that is not paved and used exclusively for 

the purpose of travel by motor vehicle. 

Sec. 23-1-3 Unpaved Roads, Shoulders and Alleys 

A. The Public Works Department shall implement and maintain a plan for the 

stabilization of city-owned unpaved roads, alleys and the unpaved shoulders on all 

arterial roads with the use of approved dust suppressants. An inventory shall be taken 

and routinely updated to identify unpaved ROW'S, haullaccess roads, roadways 

(designated or otherwise), shoulders and alleys for treatment. 

The following criteria shall be considered for prioritizing the dust control measures: 

Traffic Volume: Roads with greater traffic volume have a higher potential 

for dust emissions from the road surface and shoulders based upon direct 

tire action as well as vehicular wake effects. Consistent with ARS 9- 

500.04, priority shall be given to unpaved roads with 100 average daily 

trips. Traffic volumes shall also be considered in prioritizing shoulders. 

Alley traffic volumes are generally low, but should be considered for 

treatment. 

Shoulders on Arterial Roads or Other Road Seaments with Vehicular Use: 

Shoulders shall be prioritized for stabilization based upon the location of 

the shoulder segments along arterial streets and evidence of vehicular 
use. Shoulders which appear to be used for unauthorized turn lanes, 

parking, or traffic bypass shall have a higher priority. In addition, shoulders 

in areas where vehicular use is anticipated due to projected traffic volume 

have a higher potential for generating dust emissions. 

Traffic Speed: Roadways with a higher vehicular speed also have a higher 

potential for generating dust from direct vehicular tire action and the 

vehicular wake effect. 

Heavy- Duty Truck Traffic: Roadways with higher heavy-duty truck traffic 

have a higher potential for dust from the larger tires, greater weight and 

larger vehicle profile, which cause a greater wake effect. 

Silt Content in Underlying Soil: Natural soils with clay and silty clay have a 

severe erosion potential rating. This rating indicates a high potential for 

generating fine particle of dust, which stay suspended as PM-10 pollution. 

Areas of high silt content within the City of El Mirage limits shall be 

identified and targeted for routine observation and treatment. 

Tarqet Areas: Priority shall be given to the Agua Fria river basin and the 

areas adjacent to the river. In addition, the areas contained within the 

Dysart Ranchette community shall be given priority as these areas reflect 

the highest opportunity to reduce PM-10 through the treatment of unpaved 

roads. 

Safety, drainaqe and other issues: Safety and drainage issues are an 

important factor in prioritizing treatment areas. Roads and paving 

shoulders in areas without a storm drain system are susceptible to 

discharge onto the roadway. Selection of roads for treatment must also 

include consideration of cor~nectivity to other roads, as well as the 

location, relative to other paving and stabilization projects. 

B. The City of El Mirage will maintain records of implementation of city-owned road, 

shoulder and alley treatments and will submit annual or periodic reports as requested by 

Maricopa County or other responsible agencies. 

C. Private roadways used for haul/access or any on-site unpaved road used by 

commercial, industrial, institutional, or governmental travel shall be targeted by Code 

Enforcement for compliance with the dust control measures included within this 

document unless the following measures are continuously observed: 

Speed limits are posted at 15 mph and trips on the roadway are limited to 

5 20 trips per day. 

Water is applied so the surface is visibly moist. 

D. Enforcement shall encourage the application of paving material, gravel, recycled 

asphalt or other dust suppressant. 

1. A Notice of Violation will be issued at the first citationiwhich includes a fine of 

$250. NOV will specify time for compliance to be 30 days. 

2. Second citations within any six month period will result in a fine of $500. NOV 

will specify compliance within 2 weeks time. 

3. Third offense (no time limitation) will result in a civil citation. 
4. Additional fines may be issued by Maricopa County Air Quality for repeat 

offenders. 

5. Code Enforcement Officers may issue upon first offerise a Notice of 

Compliance, with no associated fines, for the purpose of educating the public 

on dust control regulations. This NOC will specify a time limit to comply, 

information on PM-10 and/or other (updated) regulatory measures and the 

means of compliance. 

Sec. 23-1 -4 Parking Areas 

A. Parking, maneuvering, ingress or egress or storage of vehicles on any industrial, 

institutional, governmental or commercial property in excess of 5,000 square feet in 

area and residential buildings with four (4) or fewer units shall be on a stabilized 

surface. Parking, maneuvering, ingress and egress, or storage of vehicles on areas 

3,000 square feet or more in area, on any residential property with four or fewer units 

shall be on a stabilized surface. 

6. Enforcement, effective October 1, 2008, shall encourage the. application and 

maintenance of paving material, gravel, recycled asphalt or other suitable dust 

suppressant. 

1. A Notice of Violation will be issued at the first offense which includes a fine of 

$500 and/or compliance within 30 days. 

2. Second offenses within any six month period will result in a fine of 

$ 1,000 and/or compliance within 2 weeks. 

3. Third offense (no time limitation) will result in a civil citation. 

4. Additional fines may be issued by Maricopa County Air Quality for repeat 

offenders. 

5. Prior to the effective date, Code Enforcement Officers may issue Notices of 

Compliance with no associated fines for the purpose of educating the public 

on dust control regulations. This NOC will specify immediate corr~pliance and 

information on PM-10 or other (updated) regulatory measures. 

C. Reasonable written notice to the property owner that the unpaved disturbed surface. 

is required to be stabilized shall be given. The City of El Mirage has the authority to 

enter onto the lot to stabilize the disturbed surface at the expense of the owner if 

stabilization has not been met by the day set for compliance. 

Sec. 23-1-5 Open Areas and Vacant Lots 

Open Areas and Vacant lots as described in Section 23-1-2 shall comply with all dust 

control regulations requiring stabilization of the disturbed surface as specified in Rule 

310 of the Maricopa County Air Pollution Control Regulations. 
A. The parking or access of any vehicle on the site is restricted to stabilized surfaces 

only. -The owner of any vacant property is responsible for restricting access to the 

property by: 

(1) The posting of and maintenance of signage which states trespass by any 

motorized or non-motorized vehicleloff-road vehicle is prohibited. Signs must be 

posted on all sides of the property accessible tolby the public and spaced at an 

interval minimum of 150 feet. 

(2) Installing physical barriers such as curbs, fences, gates, posts, shrubs and/or 

trees to prevent access. 

B. Any surface area which exceeds .I 0 acres or 4,356 square feet of area where a dust 

generating operation, as described in Section 23-1-2, is taking place the ownerloperator 

is required to have in their possession a dust permit from the Maricopa Air Quality 

Department (MCAQD) which contains an approved dust control plan. Ownerloperators 

blading and discing properties less than .I0 acres are responsible for utilizing a Rule 

31 0 dust control implement1 method for controlling fugitive d~~st emissions. 

C. Enforcement, effective October 1, 2008, shall encourage the owner's responsibility to 

comply with the dust prevention measures. 

1. A Notice of Violation will be issued at the first offense which includes a 

fine of $250 and/or compliance within 30 days. 

2. Second offenses within any six month period will result in a fine of $500 

andlor compliance within 2 weeks. 

3. Third offense (no time limitation) will result in a civil citation. 

4. Additional fines may be issued by Maricopa County Air Quality for repeat 

offenders. 

5. Prior to 'the effective date, Code Enforcement Officers may issue Notices of 

Compliance with no associated fines, for the purpose of educating the public on 

dust control regulations. This NOC will specify immediate compliance and 

information on PM-10 or other (updated) regulatory measures. 

6. Citations, with a penalty of $250, may also be issued to the person(s) responsible 

for committing the trespass by Code Enforcement andlor Police. 

D. Reasonable written notice to the property owner that the unpaved disturbed surface 

is required to be stabilized shall be given. The City of El Mirage has the authority to 

enter onto the lot to stabilize the disturbed surface, fence or otherwise restrict access to 

the site at the expense of the owner if compliance has not been met by the time 

specified. 

Sec. 23-1 -6 Leaf Blowers 

A. Any contractor, employee or landowner operating a leaf blower within the city 

limits is prohibited under the following conditions: 
The use on high pollution advisory days other than in vacuum mode. 

The blowing of debris onto public/public access roadways is prohibited at 

all times. 

Use on any non-stabilized surface. 

6. Enforcement, effective March 31, 2008, shall encourage responsibility to comply 

with the dust prevention measures. 

1. A Notice of Violation will be issued at the first citation which includes a fine of 

$250. 

2. Second citations within ally six month period will result in a fine of $500. 

3. Third offense (no time limitation) will result in a civil citation. 

4. Additional fines may be issued by Maricopa County Air Quality for repeat 

offenders. 

Sec. 23-1-7 Off-Highway Vehicles 

A. The operation of any vehicle, including off-highway, all-terrain or an off-road 

recreational vehicle, bicycles, scooters or any other manual or self propelled 

vehicle, equipment or machinery is prohibited from operating: 

On any unpaved surface that is not a public or private road, street or lawful 

easement which has been closed/posted by the landowner. 

On any unpaved surface on high-pollution advisory days. 

Exceptions: 

The operations of vehicles in the normal course of business or government 

operations. Vehicle identification must be visible and readable by the public by 

way of a marked company vehicle, signage on the vehicle or a posted sign in the 

window of the vehicle. 

An event 'that is intended for an OHV and that is endorsed, authorized permitted 

or sponsored by a public agency, occurs on a designated route or area and 

includes dust abatement measures at all staging areas, parking areas and 

entrances. 

An event that occurs at a facility where admission or use fee is charged and 

includes dust control measures. 

A closed course that is maintained with dust abatement measures. 

Golf carts used as a part of a private or pl~blic golf course. 

6. A person who violates this ordnance is guilty of a Class 3 misdemeanor. A judge 

may order the person to perform 8-24 hours of community restitution, or 

complete an OHV safety course, or both in lieu of a fine. Fines are set per AZ Bill 

1522 as follows: 

A warning for the first violation 
A civil penalty of $50 for the second violation 

A civil penalty of $100 for the third violation 

A civil penalty of $250 for the fourth and subsequent violations. 

Section 2. That the Code of the City of El Mirage be and is hereby amended by 

deleting in its entirety Section 13-4.1 titled "Excessive Dust." 

Section 3. The City Clerk is hereby directed to publish this adopting ordinance in 

full. 

PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of 

El Mirage, Arizona, this 13~3 day of MC~,~,L,, , 2008. 

Fred ~atermsn, Mayor 

ATTESTED: APPROVED AS TO FORM: 

-2.dkLJ g&t$J 

Richard Saathoff, ~itj~kt-k Richard Flaaen, City Attorney 

I, Richard Saathoff, Clerk of the City of El Mirage do hereby the above ordinance as a true and 

accurate copy of the ordinance adopted at the Regular Meeting of the Common Council held 

Wednesday, March 13,2008. 

Fdchard Saathoff, W4d) 

City Clerk 

City of El Mirage