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HomeMy WebLinkAboutMinutes - Minutes - City Council - Meeting Date: 7/2/2002 (3) MINUTES OF THE SPECIAL MEETING OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, HELD TUESDAY, JULY 2, 2002, AT 7:00 P.M. The meeting was called to order by Mayor Elaine M. Scruggs, with Vice Mayor Thomas R. Eggleston and the following Councilmembers present: Joyce V. Clark, Steven E. Frate, David M. Goulet, H. Philip Lieberman, and Manuel D. Martinez. Also present were Ed Beasley, City Manager; Terry Zerkle, Assistant City Manager; Rick Flaaen, City Attorney; and Pamela Oliveira, City Clerk. COMPLIANCE WITH ARTICLE VII, SECTION 6(c) OF THE GLENDALE CHARTER A statement was filed by the City Clerk that the three resolutions and two ordinances to be considered at the meeting were available for public examination and the title posted at City Hall more than 72 hours in advance of the meeting. APPROVAL OF THE MINUTES OF JUNE 11, 2002 INSTALLATION CEREMONY It was moved by Goulet, and seconded by Clark, to dispense with the reading of the minutes of the June 11, 2002 Installation Ceremony, as each member of the C:ouncil had been provided copies in advance, and approve them as written. The motion carried unanimously. CONSENT AGENDA Mr. Ed Beasley, City Manager, read Agenda Item Number 1 by number and title, and Ms. Pam Oliveira, City Clerk, read Agenda Item Numbers 2, 3 and 4 by number and title. 1. BUDGET TRANSFER FOR OUTSIDE LEGAL SERVICES Due to the necessity for retaining specialized outside legal counsel, the City Attorney's Office requested a $100,000 budget transfer to cover outside legal services expended in Fiscal Year 2001-02. In Fiscal Year 2000-01, the City Council authorized a one-time transfer of $403,000 to the City Attorney's Office due to specialized outside legal counsel and in- house civil attorney vacancies. The unused portion of that transfer ($129,000) was transferred in Fiscal Year 2001-02 as unbudgeted carryover along with a one-time supplemental of $100,000 for outside legal services. However, these transfers were insufficient to cover the outside legal costs to defend the City in specialized litigation (e.g. Long v. City and Trombley v. City) through the end of Fiscal Year 2001-02. 1 The transfer of $100,000 from the General Fund Contingency Account to the City Attorney's budget will allow for the payment of incurred and projected outside counsel fees and costs for Fiscal Year 2001-02. The recommendation was to authorize the transfer of $100,000 from the General Fund Contingency Fund, Account Number 01-2450-7000, to the City Attorney's budget, Account Number 01-1510-7330 for outside legal services incurred in Fiscal Year 2001- 02. CONSENT RESOLUTIONS 2. CENTRAL ARIZONA WATER CONSERVATION DISTRICT V. UNITED STATES OF AMERICA, ET AL. The cities of Chandler, Glendale, Goodyear, Mesa, Peoria, and Scottsdale have jointly retained outside counsel to represent their common interests in the lawsuit entitled Central Arizona Water Conservation District v. United States of America et al. This lawsuit involves the much-published dispute between the Secretary of the Interior and the State of Arizona over the repayment obligations of the Central Arizona Project (CAP). A decision in favor of the United States could cost the City of Glendale as much as $600,000 to $700,000 each year in increased CAP water costs. As in any litigation with many parties, a large group of similarly-situated parties with common representation can have a much greater effect than those same parties would have individually. The judge has approved a settlement among the parties. The settlement includes several steps that must be taken before a final judgment will be entered. The law firm of Ulrich & Anger, P.C. has been hired to represent the cities in this lawsuit. The firm's senior partner, Paul G. Ulrich, is an experienced Federal Court litigator and his partner, William H. Anger, has successfully represented many of these same cities before the Arizona Supreme Court in matters related to the Gila River Adjudication. The cost of this representation will be equally shared by the cities. The City of Glendale will be responsible for 16.666% or $16,666 for services rendered under this contract. Funds for this project are in the City Attorney's Office budget, Account Number 01-1510-7330. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the entering into of an Intergovernmental Agreement and Contract for Legal Services relating to the joint legal representation in the case of Central Arizona Water Conservation District v. United States of America, et al. Resolution No. 3592 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF THE SEVENTH INTERGOVERNMENTAL AGREEMENT AND CONTRACT FOR LEGAL SERVICES WITH THE CITIES OF CHANDLER, GOODYEAR, MESA, PEORIA AND SCOTTSDALE RELATING TO JOINT LEGAL REPRESENTATION IN 2 THE CASE OF CENTRAL ARIZONA WATER CONSERVATION DISTRICT v. UNITED STATES OF AMERICA, ET AL. 3. INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF PHOENIX AND CITY OF GLENDALE FOR SHARING OF TELECOMMUNICATIONS FACILITIES This was a request to enter into an intergovernmental agreement to grant the City of Phoenix permission to use the City's property and existing monopole tower at the Glendale Public Safety building located at 6835 North 57 Drive. The City of Glendale Fire Department will be using this site as part of the new Phoenix/Mesa 800 MHz Digital Radio Network. The Fire Department would have to pay for a site for this new system if the site at the City's public safety building could not be used. The City of Phoenix needs this site to provide additional radio coverage to the Glendale Fire Department and other West Valley agencies. This site will become part of the larger Phoenix/Mesa Digital Communications System, which will provide communications to both cities and most Valley fire agencies. This will allow our Fire Department to maintain compatible communications with the other automatic aid cities. Additionally, cost sharing dramatically reduces the amount necessary for this program. This small equipment building and antennas are substantially less than if the City had to build its own site. The City of Phoenix will be constructing a 28' x 12' communications equipment building. In addition, it will be installing an emergency generator and adding several antennas to the existing monopole tower. The City of Phoenix will be obtaining all necessary permits and will pay all construction costs in regard to the building and the tower. The building will be made to blend in aesthetically with the City of Glendale's current building. City of Phoenix staff will maintain all equipment in the building. The City of Phoenix will pay for all ongoing expenses. These expenses will include maintenance of the building and all equipment repairs necessary for the building, generator and antenna equipment. The term of the agreement is for ten years. The agreement may be renewed for another ten years at the end of the first agreement. There is no exchange of funds with this agreement. The recommendation was to waive reading beyond title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with the City of Phoenix. Resolution No. 3593 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF INTERGOVERNMENTAL AGREEMENT NO. 100501 AND SUPPLEMENTAL AGREEMENT NO. 1 THERETO WITH THE CITY OF PHOENIX FOR SHARING OF TELECOMMUNICATIONS FACILITIES. 3 4. INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY FOR THE SPECIAL TRANSPORTATION SERVICES PROGRAM This was a request to enter into an Intergovernmental Agreement for Fiscal Year 2002-2003, with :he Maricopa County Human Services Department to provide elderly and disabled citizens with transportation services for medical and social service appointments outside the City of Glendale. This partnership began in 1997; since then over 12,000 trips have been provided to Glendale citizens. On April 23, 2002, the City Council approved the allocation of Fiscal Year 2002- 2003 Community Development Block Grant (CDBG) funds in the amount of $10,000 to the Maricopa County Human Services Department for the Special Transportation Services Program. This program will provide an alternative for transit-dependent elderly and disabled individuals who generally cannot use public transportation because of health problems. Approximately 1,757 trips will be provided to Glendale residents for medical and/or sccial service appointments outside Glendale City limits within Maricopa County. The County will utilize the CDBG funds for the operational costs of the Special Transportation Services Program, including vehicle fuel and vehicle maintenance. The funds in the amount of $10,000 will be paid from the Community Development Block Grant, Account Number 11-7375. The recommendation was to waive reading beyond the title and adopt a resolution authorizing the City Manager to enter into an intergovernmental agreement with Maricopa County to provide Community Development Block Grant funds for the Special Transportation Services Program. Resolution No. 3594 New Series was read by number and title only, it being A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, A RESOLUTION OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING AND DIRECTING THE ENTERING INTO OF AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY HUMAN SERVICES DEPARTMENT TO PROVIDE TRANSPORTATION SERVICES FOR LOW/MODERATE INCOME INDIVIDUALS IN GLENDALE TO THEIR MEDICAL AND SOCIAL SERVICES APPOINTMENTS. It was moved by Clark, and seconded by Frate, to approve the recommended actions on Consent Agenda Item Nos. 1 through 4, including the approval and adoption of Resolution No. 3592 New Series, Resolution No. 3593, and Resolution No. 3594 New Series. The motion carried unanimously. ORDINANCES 5. FISCAL YEAR 2002-2003 PROPERTY TAX LEVY Mr. Charlie McClendon, Budget and Management Director, presented this item. Property taxes are a fundamental source of revenue for the City of Glendale. As 4 required by State law, the council must set the property tax levy by the third Monday in August. The State property tax levy system provides for two levies: the primary levy, which can be imposed for all general city operating purposes and the secondary levy, which can only be used for the payment of principal and interest on general obligation bonds. The total property tax rate for the City of Glendale Fiscal Year 2002-03 is $1.72 per $100 of assessed property value. This total rate is unchanged from the previous year. The primary property tax rate of $0.3548 per $100 is estimated to generate $3,386,225. The secondary property tax rate of $1.3652 per $100 will generate an estimated $13,503,090. Current outstanding bonds are for public improvements that have been completed or are in progress, including land acquisition for parks, libraries, public safety and field operations facilities, park development, street lights and landscaping and flood control projects. The recommendation was to waive reading beyond the title and adopt an ordinance setting the Fiscal Year 2002-03 primary property tax rate at $0.3548 per $100 and the secondary property tax rate at $1.3652 per $100. Ordinance No. 2268 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE CITY OF GLENDALE, SUBJECT TO TAXATION, A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, LESS THE AMOUNT ESTIMATED TO BE RECEIVED FROM OTHER SOURCES OF REVENUE; PROVIDING FUNDS FOR VARIOUS BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS AND PROVIDING FUNDS FOR GENERAL MUNICIPAL EXPENSES; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE, 2003; AND DECLARING AN EMERGENCY. It was moved by Martinez, and seconded by Lieberman, to approve Ordinance No. 2268 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. 6. FISCAL YEAR 2001-02 BUDGET AMENDMENTS Mr. Charlie McClendon, Budget and Management Director, presented this item. During the course of Fiscal Year 2001-02, some changes in operation took place that were not anticipated in the preparation of the Fiscal Year 2001-02 budget. The changes described in this budget amendment will transfer funds to the appropriate department and line item so that they are properly reflected in the budget records. 5 All of these changes resulted from the Fiscal Year 2000-01 capital project carryover reconciliation process. When departments prepared their Fiscal Year 2001- 02 capital project budgets, they estimated the amount of carryover savings they would have. At the end of the fiscal year, the Budget Department reconciled each department's actual savings with their estimated carryover and then increased or decreased their budgets to match their actual savings. The recommendation was to waive reading beyond the title and adopt an ordinance approving the Fiscal Year 2001-02 budget amendments. Ordinance No. 2269 New Series was read by number and title only, it being AN ORDINANCE OF THE COUNCIL OF THE CITY OF GLENDALE, MARICOPA COUNTY, ARIZONA, AUTHORIZING THE TRANSFER OF FUNDS BETWEEN BUDGET ITEMS IN THE ADOPTED FISCAL YEAR 2001-2002 BUDGET; AND DECLARING AN EMERGENCY. It was moved by Frate, and seconded by Goulet, to approve Ordinance No. 2269 New Series. Motion carried on a roll call vote, with the following members voting "aye": Clark, Goulet, Lieberman, Eggleston, Martinez, Frate, and Scruggs. Members voting "nay": none. REQUEST FOR FUTURE WORKSHOP AND EXECUTIVE SESSION It was moved by Eggleston, and seconded by Frate, to hold a Joint City Council Workshop with the Peoria Unified School District, at 6:00 p.m. on Monday, July 15, 2002, at the Civic Center, located at 5750 West Glenn Drive; and to hold a City Council Workshop at 1:30 p.m. on Tuesday, July 16, 2001 in Room B-3 of the City Council Chambers, to be followed by an executive session pursuant to A.R.S. 38-431.03. The motion carried unanimously. CITIZEN COMMENTS There were no citizen comment received. COUNCIL COMMENTS AND SUGGESTIONS Councilmember Clark wished everyone a safe and happy 4th of July. She noted that she had seen the demonstration of the shot spotter today and she advised citizens against random shooting. Councilmember Goulet wished everyone a safe 4th of July. He reminded everyone to be careful on the road. Councilmember Lieberman wished everyone a safe and happy 4th of July. He reminded everyone of the fireworks to be held at Glendale Community College on July 4th 6 Vice Mayor Eggleston wished everyone a wonderful 4th of July at the City's fireworks display at Glendale community College. Councilmember Martinez wished everyone a happy and safe 4th of July. Councilmember Frate wished everyone a happy 4th of July. He said he looked forward to seeing everyone at the fireworks display at Glendale Community College. ADJOURNMENT There being no further business, the meeting was adjourned at 7:15 p.m. amela 1' - City Clerk 7