Minutes of the Regular Meeting of the Mayor and by ltq40826

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									Minutes of the Regular Meeting of the Mayor and Council of the
City of South Tucson, Arizona, held Monday, November 17, 2008,
6:00 p.m. at the City of South Tucson Council Chambers, 1601 South
6th Avenue, South Tucson, Arizona.

Council Present:    Jennifer Eckstrom
                    Pete Tadeo
                    Miguel Rojas
                    Mary Soltero
                    Paul Diaz
                    Idelfonso Green
                    John Garcia

Staff Present:      Enrique Serna, City Manager
                    Dolores Robles, City Clerk
                    Richard Salaz, Personnel/Planning & Zoning
                    Marilyn Chico, Housing Director
                    Sharon Hayes, Police Chief
                    Larry Anderson, Fire Chief
                    Angel Lopez, Public Works Director
                    Hector Figueroa, City Attorney
                    Ron Wilson, Judge

Mayor Eckstrom led the Pledge of Allegiance.    Councilman Garcia
led the Invocation.


ITEM #04 - ROLL CALL - All members of the Council were present.


ITEM #05 - APPROVAL OF MINUTES - REGULAR MEETING, SEPTEMBER 15,
2008 AND SPECIAL MEETING, SEPTEMBER 17, 2008 - Motion by
Councilman Garcia to approve the minutes of the Regular Meeting,
September 15, 2008 and Special Meeting, September 17, 2008, as
presented.   Seconded by Councilwoman Soltero.    Motion passed
unanimously.


ITEM #06 - RESOLUTION NO. 08-34 OF THE MAYOR AND COUNCIL OF THE
CITY OF SOUTH TUCSON, ARIZONA APPROVING THE SOUTH TUCSON HOUSING
AUTHORITY'S REVISED LOW RENT OPERATING BUDGET FOR FISCAL YEAR
ENDING JUNE 30, 2008 AND AUTHORIZING THE EXECUTION OF THIS
RESOLUTION FOR THE PURPOSE OF AUTHORIZING THE CITY OF SOUTH TUCSON
HOUSING DIRECTOR TO SUBMIT SAME TO HUD AND DECLARING AN EMERGENCY
TO EXIST - Mr. Serna stated staff has received recent data and
requested this item be tabled.     Motion by Councilman Rojas to
table Item #06.    Seconded by Councilman Garcia.    Motion passed
unanimously.


ITEM #07 - RESOLUTION NO. 08-49 OF THE MAYOR AND COUNCIL OF THE
CITY OF SOUTH TUCSON AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL
COOPERATIVE AGREEMENT BETWEEN THE CITY OF SOUTH TUCSON, ARIZONA AD
PIMA COUNTY FOR THE IMPLEMENTATION OF THE COMMUNITY DEVELOPMENT
Minutes of Regular Meeting
November 17, 2008
Page 2

BLOCK GRANT PROGRAM AND HOME INVESTMENT PARTNERSHIP PROGRAM - Mr.
Serna stated this resolution pertains to the CDBG grant
authorization in the amount of $395,000. The breakdown of the IGA
is:     Administration, $70,000; Community Clean-Up, $10,000;
Community Policing/Crime Prevention, $75,000; Emergency Home
Repair, $70,000; Fire Safety Equipment, $55,000; Youth Program &
Family Assistance, $115,000. Motion by Councilman Diaz that Mayor
and Council pass and adopt Resolution No. 08-49 authorizing the
IGA for the implementation of the CDBG Program and Home Investment
Partnership Program for the period of October 1, 2008 to December
31, 2009.      Seconded by Councilman Garcia.       Motion passed
unanimously.


ITEM #08 - RESOLUTION NO. 08-50 OF THE MAYOR AND COUNCIL OF THE
CITY OF SOUTH TUCSON, ARIZONA APPROVING THE SOUTH TUCSON HOUSING
AUTHORITY'S WRITE-OFF OF UNCOLLECTIBLE DEBTS AND AUTHORIZING THE
EXECUTION OF THIS RESOLUTION FOR THE PURPOSE OF AUTHORIZING THE
CITY OF SOUTH TUCSON HOUSING AUTHORITY DIRECTOR TO SUBMIT SAME TO
HUD AND ITS FEE ACCOUNTANT AND DECLARING AN EMERGENCY TO EXIST -
Mr. Serna stated this resolution allows the Housing Authority to
write-off the uncollectible debt in the amount of $1,735.00.
Motion by Councilman Rojas to pass and adopt Resolution No. 08-50
approving the South Tucson Housing Authority's Write-Off of
uncollectible debt $1,735.00 and authorizing the execution of this
resolution for the purpose of authorizing the Housing Authority
Director to submit same to HUD and its fee accountant and
declaring an emergency to exist. Seconded by Councilman Garcia.
Motion passed unanimously.


ITEM #09 - RESOLUTION NO. 08-50 OF THE MAYOR AND COUNCIL OF THE
CITY OF SOUTH TUCSON, ARIZONA APPROVING AND AUTHORIZING THE
SUBMISSION OF A COMMUNITY WIDE PETROLEUM PRODUCTS ASSESSMENT GRANT
APPLICATION TO THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR
FEDERAL BROWNFIELD FUNDS FOR THE REDEVELOPMENT OF THE CITY'S
COMMERCIAL CORRIDORS BY CITY OF SOUTH TUCSON OFFICERS AND/OR
DESIGNEE AND AUTHORIZING EXECUTION OF THIS RESOLUTION, FOR THE
PURPOSE OF AUTHORIZING THE MAYOR AND/OR HER DESIGNEE OF THE CITY
OF SOUTH TUCSON TO EXECUTE GRANT APPLICATION AND SUPPORTING
DOCUMENTS AND DECLARING AN EMERGENCY TO EXIST - Mr. Serna stated
there has been significant success in applying for Brownfield
grants and staff is in the process of submitting an additional
grant. Motion by Councilman Diaz to pass and adopt Resolution No.
08-50 approving and authorizing the submission of a community wide
petroleum products assessment grant application to the EPA for
federal Brownfield funds for the redevelopment of the City's
commercial corridors by City of South Tucson and authorizing
execution of this resolution, for the purpose of authorizing the
Mayor and/or her designee to execute grant application and
Minutes of Regular Meeting
November 17, 2008
Page 3

supporting documents and declaring an emergency to         exist.
Seconded by Vice-Mayor Tadeo. Motion passed unanimously.


ITEM #10 - FIRST READING: ORDINANCE NO. 08-04 OF THE MAYOR AND
COUNCIL OF THE CITY OF SOUTH TUCSON, ARIZONA RELATING TO THE
TECHNICAL CODES AND TO THE OFFICE OF BUILDING OFFICIALS; ADOPTING
VARIOUS INTERNATIONAL AND UNIFORM CODES AS THE OFFICIAL CODES OF
THE CITY OF SOUTH TUCSON; VESTING AUTHORITY IN THE OFFICE OF
BUILDING OFFICIAL; PROVIDING FOR CODE COMPLIANCE AND PENALTIES FOR
VIOLATIONS THEREOF; PROVIDING FOR APPEALS PROCESS; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AMENDING THE SOUTH TUCSON CITY
CODE BY AMENDING CHAPTER 4, ARTICLES I AND II AND ALL APPLICABLE
SECTIONS THEREOF - Mr. Serna explained that over the last few
months, there has been extensive time involved in revisiting and
updating the South Tucson Code, specifically the Building
Regulations Code. This item provides for the first reading of the
proposed ordinance.    Motion by Vice-Mayor Tadeo that the Mayor
direct the City Clerk to read Ordinance No. 08-04 by name and
title only.     Seconded by Councilman Garcia.      Motion passed
unanimously. The City Clerk read Ordinance No. 08-04 by name and
title only.


ITEM #11 - SECOND READING: ORDINANCE NO. 08-04 OF THE MAYOR AND
COUNCIL OF THE CITY OF SOUTH TUCSON, ARIZONA RELATING TO THE
TECHNICAL CODES AND TO THE OFFICE OF BUILDING OFFICIALS; ADOPTING
VARIOUS INTERNATIONAL AND UNIFORM CODES AS THE OFFICIAL CODES OF
THE CITY OF SOUTH TUCSON; VESTING AUTHORITY IN THE OFFICE OF
BUILDING OFFICIAL; PROVIDING FOR CODE COMPLIANCE AND PENALTIES FOR
VIOLATIONS THEREOF; PROVIDING FOR APPEALS PROCESS; REPEALING ALL
ORDINANCES IN CONFLICT THEREWITH; AMENDING THE SOUTH TUCSON CITY
CODE BY AMENDING CHAPTER 4, ARTICLES I AND II AND ALL APPLICABLE
SECTIONS THEREOF - This item provides for the second reading of
the proposed ordinance. Motion by Councilman Rojas that the Mayor
direct the City Clerk to read Ordinance No. 08-04 by name and
title only. Seconded by Councilman Garcia. Councilman Diaz made
reference to the last paragraph in Sec. 4-20 ... "every new
building and structure erected in or moved into the jurisdiction
of the city thirty (30) days after passage and adoption of
Ordinance 08-04 shall conform to the requirements of the building
code adopted ...".    He asked whether it pertains to structures
going up now or if it would be retroactive to buildings currently
being remodeled. Mr. Figueroa stated that under Building Codes,
there is one for new structures, and made reference to the next
page, sub-section C, the document titled "International Existing
Building Code 2006", is applicable to the existing one.        Mr.
Figueroa stated if a new building is going to be built, the
International Building Code of 2006 applies. If it is an existing
building, consideration is given to the fact it is already
Minutes of Regular Meeting
November 17, 2008
Page 4

existing.   Councilman Diaz asked if there is a section that
includes variances regarding buildings and building permits, to
which Mr. Figueroa replied yes. Councilman Garcia asked about old
buildings that don't meet the new code. Mr. Figueroa stated if
someone wants to remodel, the existing building code would apply.
Mr. Figueroa briefly reviewed the appellate procedure.      Mayor
Eckstrom asked whether the Council would need to ratify any parts
of the ordinance. Mr. Serna stated yes, and the way this is being
presented is with the understanding there will be amendments
brought to the Council because changes take place on a regular
basis. Motion passed unanimously. The City Clerk read Ordinance
No. 08-04 by name and title only.


ITEM #12 - FIRST READING: ORDINANCE NO. 08-05 OF THE CITY OF SOUTH
TUCSON, ARIZONA RELATING TO CHAPTER 6, FIRE PREVENTION AND
PROTECTION, ARTICLE III, DIVISION 2, TECHNICAL CODES, SECTIONS 6-
41 AND 6-43; DIVISION 3, CREATING SECTION 6-60; ADOPTING THE 2006
INTERNATIONAL FIRE CODE AND APPENDICES THEREIN BY REFERENCE;
REPEALING ADOPTED ORDINANCE PROVISIONS; PROVIDING FOR CONFLICTING
PROVISION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE - Motion by Councilman Diaz that the Mayor direct
the City Clerk to read Ordinance No. 08-05 by name and title only.
Seconded by Vice-Mayor Tadeo.    Motion passed unanimously.    The
City Clerk read Ordinance No. 08-05 by name and title only.


ITEM #13 - SECOND READING: ORDINANCE NO. 08-05 OF THE CITY OF
SOUTH TUCSON, ARIZONA RELATING TO CHAPTER 6, FIRE PREVENTION AND
PROTECTION, ARTICLE III, DIVISION 2, TECHNICAL CODES, SECTIONS 6-
41 AND 6-43; DIVISION 3, CREATING SECTION 6-60; ADOPTING THE 2006
INTERNATIONAL FIRE CODE AND APPENDICES THEREIN BY REFERENCE;
REPEALING ADOPTED ORDINANCE PROVISIONS; PROVIDING FOR CONFLICTING
PROVISION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE - Motion by Councilman Rojas that the Mayor direct
the City Clerk to read Ordinance No. 08-05 by name and title only.
Seconded by Councilman Garcia.    Motion passed unanimously.   The
City Clerk read Ordinance No. 08-05 by name and title only.


ITEM #14 - RESOLUTION NO. 08-52 OF THE MAYOR AND COUNCIL OF THE
CITY OF SOUTH TUCSON, ARIZONA APPROVING AND ADOPTING THE
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF SOUTH TUCSON,
ARIZONA; THE CITY OF TUCSON; PIMA COUNTY; THE TOWN OF MARANA; AND
THE TOWN OF SAHUARITA FOR THE ESTABLISHMENT OF A JOINT ENTERPRISE
ZONE COMMISSION, AUTHORIZING THE MAYOR TO EXECUTE THE IGA AND
DECLARING AN EMERGENCY TO EXIST - Mr. Serna informed Council that
for the last three months, staff has met with members of the
Tucson Regional Economic Opportunities (TREO) for the purpose of
establishing a Joint Enterprise Zone Commission which will then
Minutes of Regular Meeting
November 17, 2008
Page 5

submit an application to the Department of Commerce for
designation of an Enterprise Zone.    The goal of the Enterprise
Zone is to improve the economy of areas with high poverty or
unemployment rates. Motion by Councilman Rojas to pass and adopt
Resolution No. 08-52 approving the Intergovernmental Agreement
between the City of South Tucson; City of Tucson; Pima County; the
Town of Marana; and the Town of Sahuarita for the establishment of
a Joint Enterprise Zone Commission, authorizing the Mayor to
execute the IGA and declaring an emergency to exist. Seconded by
Councilman Garcia. Motion passed unanimously.


ITEM #15 - CENSUS 2010 - Mr. Serna informed Council he has met
with Dr. Laura Cummings, Partnership Specialist with the U.S.
Census Bureau.     The bureau is requesting all jurisdictions
complete the 2010 Census Partnership Agreement form to identify
how they will support the 2010 Census.     Mayor Eckstrom is the
official designee for identifying and recommending individuals to
serve on the Complete Count Committee during the Pima Association
of Government's process.    Motion by Councilman Rojas that the
Mayor and Council authorize the City of South Tucson, via Mayor
Eckstrom, to participate with regional jurisdictions in PAG's
regional coordination and participation in the U.S. Census
Complete Count of 2010 by submitting the Complete County Program
Participation Response form to the U.S. Bureau of the Census
"electing to use an existing structure or program to implement
local promotion activities".     Seconded by Councilman Garcia.
Motion passed unanimously.


ITEM #16 - RESOLUTION NO. 08-53 OF THE MAYOR AND COUNCIL OF THE
CITY OF SOUTH TUCSON, PIMA COUNTY, STATE OF ARIZONA, DESIGNATING
AUTHORIZED CITY OFFICIALS FOR THE PURPOSE OF MANAGING AND
TRANSFERRING THE BALANCES OF THE CHASE-MORGAN ACCOUNT TO THE
NATIONAL BANK OF ARIZONA GENERAL ACCOUNT AND DECLARING AN
EMERGENCY TO EXIST - Mr. Serna addressed Mayor and Council and
explained that as part of an ongoing investigation, federal agents
discovered a bank account at JP Chase Bank created by a former
police department employee without official authorization from the
City of South Tucson.     The account, named South Tucson Police
Department Asset Forfeiture Account, has a balance of $10,800 that
represents a portion of grant reimbursements owed to the City of
South Tucson. Staff is recommending that the account balance be
transferred to the City's general operating account at National
Bank of Arizona and its corresponding accounting be recorded as a
partial reimbursement of Stone Garden Overtime to the City of
South Tucson and that the JP Chase account be closed. Motion by
Councilman Rojas that the Mayor and Council pass and adopt
Resolution No. 08-53 approving designating authorized City
officials for the purpose of managing and transferring the
Minutes of Regular Meeting
November 17, 2008
Page 6

balances of the Chase-Morgan account to the National Bank of
Arizona general account and declaring an emergency to exist.
Seconded by Councilman Garcia. Mr. Figueroa stated the attached
resolution needs to be amended to reflect the City Manager and
City Clerk are the authorized signatories for bank accounts, and
not the City Manager and Finance Director.        Motion passed
unanimously.


ITEM #17 - REPORTS - Mr. Serna stated he, along with the Police
Department and Finance Director, met with the U.S. Attorney's
Office to get an update on the court case regarding the theft of
RICO funds. There are ongoing efforts to receive restitution and
as more information becomes available, Mr. Serna will provide it
to the Council.

Mr. Serna referenced copy of the memo sent to Meet-and-Confer in
which he had previously mentioned to Mayor and Council there are
some areas he and staff are in agreement there are changes that
need to be made in the police department with regard to
reclassification of the sergeants’ position, uniform allowance
upgrade, and call-out time. Mr. Serna stated the City is hearing
negative information from the State regarding revenues generated
to the City. The revenue projections for the first quarter were
significantly lower than the 25% one would anticipate, which
speaks volumes about changes and plans that will be brought
forward to the Mayor and Council. Mr. Serna stated he would like
to present issues under Chapter 7 at the next Council meeting.

Mr. Serna stated he has received another infamous anonymous letter
and has directed the Deputy Chief to review.        Mr. Serna has
counseled with the Police Chief, who seems to be the subject of
the anonymous letter.

Staff has met with City of Tucson Sun Tran regarding the IGA for
the past three years. Typically, there is a $200,000 to $250,000
cost involved. The RTA has allowed for payment of transportation
to include Van Tran services.

Mr. Serna clarified the issue of Mayor and Council speaking with
newspaper reporters, etc. and made it clear about his philosophy
about transparency.


ITEM #18 - CALL TO AUDIENCE - Dr. Janet Forrer, 618 N. Hayden Dr.,
Tucson, addressed Mayor and Council and stated she is one of 103
Tucson area veterinarians that have endorsed Proposition 401. She
pointed out no veterinarians in the area, except those employed by
Tucson Greyhound Park, came out against the initiative, and no
veterinarians   have  withdrawn   their  support.     She   stated
Minutes of Regular Meeting
November 17, 2008
Page 7

Proposition 401 would be good for dogs and for South Tucson.

Mr. James Massey, 618 N. Hayden Dr., Tucson, addressed Mayor and
Council. He is the Manager for Tucson Dog Protection. He stated
that on May 19th, Susan Villa, Chairperson, spoke with Mayor and
Council and since then has written a couple of letters to the
Council.   The basis for a claim made towards the end of the
campaign that TGP is well able to make changes necessary required
by Proposition 401. Mr. Massey handed out copies of the Arizona
Department of Racing's 2007 Annual Report, which he downloaded
off-line. He pointed out the last five years of operation and two
other figures: the amount of money returned to the wagering public
(in 2007 it was $16.5 million), and total track revenues in 2007
($5 million). Mr. Massey stated he cannot explain where the money
goes, but last night he spoke with Sylvia Arenas who was a member
of the Arizona Racing Commission.     Last year, she received an
award from that commission for her long-time service on behalf of
the Greyhound Racing Industry. Ms. Arenas explained to Mr. Massey
that every year, the track declares over $2 million as
administrative costs that are basically salaries that go back to
the owners in Florida.   Mr. Massey stated that with that money,
they have enough to buy dog food, build a few more dog runs, and
put the dogs out of their cages a little bit more often.


ITEM #19 - ADJOURNMENT - Motion by Councilman Garcia that the
Regular Meeting be adjourned.     Seconded by Councilman Rojas.
Motion passed unanimously. Meeting was adjourned at 6:55 p.m.



                                    ___________________________
                                    Jennifer Eckstrom, Mayor

ATTEST:



_________________________________
Marie Dolores Robles, City Clerk
Minutes of Regular Meeting
November 17, 2008
Page 8

CERTIFICATION

I hereby certify that the foregoing minutes are a true and correct
copy of the minutes of the Regular Meeting of the City Council of
South Tucson, Arizona, held on the 17th day of November, 2008. I
further certify the meeting was duly called and a quorum was
present.

          Dated this         day of                 , 2008.



                              ________________________________
                              Marie Dolores Robles, City Clerk

								
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